Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1861-03-05

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The Franklin Substitute maintains u dead ST.
lence, upon the slavery question, in regard to
future acquired territory, because we suppose,
its provisions are tantanount to declaration |
that no more territory shall hc acquired. The
North does not need il, hut in time it will be-
come matter Of vital necessity TO the South |
II expressly and Enthusiastically declares that
in all the present territory north Of thirty.six
thirty "inroiunta,y serrituds is prohthited,
but 1t BY no means plainly and enthusiastically
declares that South Of that line 1t shall be at
loued; and yet il was rs easy to declare the
latter as the former. But instead Of so plain.
" declaring, the following extraordinary cir
cumlocuton and obscure phrases are employed
to express the idea to the South and suppress
it to the North I'm all the present territory
south Of that line, the status Of persons held
to service or labor as it now exists, shall not
be changed. Nor shall any law be passed by
Congress or the Territorial Legislature. TO hin
der or prevent the taking of such persons FROM
any Of the States Of this Union to said terri
tory, nor to impair the rights arising from
said relation but the same shall lie subject
to judicial cognizance in the Federal Courts,
according 10 the course Of the common
lap" We have italicized these last words,
because to them we desire to call espc
cal attention The Crittenden and Guthrie
propositions were voted down. Why: We are
required to believe that they were rejected IN
order that Pennsylvania Black Republican
might offer sctuethias more acceptable 10 the
.SyutA for there be those who assert that the
franklin substitute is the best proposition o.
fered for the South. By this substitute neither
Congress or the territorial legislature can pass
any law to prevent the Shareholder lrom taking
his slave to the territory South Of the line OF
thirty.six thirty. This gives nothing to the
South that they do not already possess, and is
very far short of their rights in the territories
according to the bred Scott decision. But
What protection does it give TO slavery IN the
territories, or how does il secure the rights OF
the master to his slave in the said territories
Neither Congress nor the territorial legislature
shall have power to impair the rights arising
from the relation Of muster and slave but
the same shall b. coGnizable by the Federal
courts, according to the course 81 tie comh'"n
lau." According to the course Of what com.
mon law In the United States, iby which
| We mean the Federal tioveInment) We have
no common law.
By the common las Of Euyand and d; the
several States of the Union, the Abolition and
Black Republican, party have always main.
tained that slavery was not recognized, and
could only exist Ly positive enactment. Aud
this opinion has been adopted by soiue Of the
! Southern rnen, Who sill now clauor ior this
adiustment-lmen hose opinions upon this
subject are in exact accordance with those ul
Fessenden, IiamlD SImner, Lincoln, ct 81
omne genus. They ell plant themselves upon
the decision Of Lord Mansfield, in the Somer-
sett case. The substance Of which decision Is
| that the ccmm9a law dIvris go remedy ~ the
master for tie enforcement 81 has cI"lM {"
the services IF his Stare, in II coHntTy 'nktrs
slarery do,s nat eriSt 5y c!rtue 81 foslt1rc
klw. And 10 the same effect was the decision
| in the case Of the slave Grace, decided by Lord
stowel, in the year 1927, viz: That the CON-
mon law gave no remedy TO the master by
| which be could exercise control over his slave,
notwithstanding he continued to be his masters
property; that there was no cessation Of his
property in the slave, tut merely the wait Of
remedy afforded by the common law by
which he might exercise control over that
property.
In that case the English judge might have
employed the very language Of the franklin
substitute, and said to the master: I'VE have
passed no Law impairng the rights arising
from the relation Of master and slave. Your
rights, sir are by our law the subject Of judi
cial cognizance, according to the course OF the
common law, and thus We have considered
them; but We are compelled to declare that,
according to tbs cosrse q Tie csmm0n lac, we
can give you no remedy in the case. Piacti-
callv it makes no difference whether the CON.
mon law recognizes slavery or rot, so long as
it refuses remedy for the enforcement Of the
rights Of the master.
Let it be remembered always, TIM, this sub.
stitute fails and refuses TO enact that slavery
nray or shalt erist South Of the line Of Sc deg
80 min, but Leaves the rights Of the master to
be determined by the federal courts according
to the course OF the cotnLIou law !; which coui-
mon law, the Black Republicans maintain, en-
titles the Slave to his Freedom. The rights vi
the master in territory presided over by
Black Republican Governor, with Black Re.
publican Federal Judge all appointed by 4
Black Republican President, would he rnasaili-
Gently protected, could they not ? and Mr..
Franklin and his coaGjuto,s in this grand
scheme of compromise, fully expected that
Judge so appointed would turn his back upon
the decision of Lord Mansfield and the cherish
ed dogma Of his party, and maintain the au-
thority ard rights Of the master, didht Mey?
Mr. Franklin and his party designed this AS n
trank and honest settlement ri the pending
difficulty, Of coarse they dtd'!' They didn't
desire to patch up something which might mis-.
Lead and deceive the South-eertainly rot =
Their frank and generous souls would have re.
coiled at the idea Of employing language which
might be construed one way North, ind an
other way Sou:ii, mas! aSsursdiy.
We cauEc, believe tina, the people Of Virgil
mia will allow themselves 10 lie cheated and de-
luded by any such carefully contrived swindle
as the Franklin substitute, but that they will
Indignantly husl ircm place and power all who
dare to "comucnd the ingredients of the poi
suncd cha!ice lo their lips