Daily Nashville patriot. [volume] (Nashville, Tenn.) 1860-1862, 1861-02-27
.tahlishing
read the law of New Mexico, establishing
slavery In hat Territory:


slavery In That Territory:
IAN act to provide for the protection of pro-
perty in slaves in this Territory
"Bs IL enacted by The Legislature Assembly of The
Territory Of Nez0 Hexico, That every person
who shall be convicted of the unlawful kill
ing of slave, or other offense npon the per-
son of slave within this Territory, whether
as principal or accessory, shall suffer the
same pains and penalties as if the party upon
whose person the offelse was committed had
been free white person.
SEC. 2. Every person who shall steal any
slave with the intent that the owner, or any
one having an interest in such slave, present
or future, vested or contingent, legal or
equitable, shall be deprived of the use or
benefit of such slave, shall, upon conviction,
suffer imprisonment for term not more than
ten nor less than four years, and be fined in
sum not more than 81, 1000 nor less than
$500. And every p rson who shall, by vio-
lence, seduction, or other means, take and
carry, or entice away any slave with the like
intent, shall be deemed and held, for every
purpose whatever, to have stolen such slave,
within the meaning of this act. And every
person who, knowing any slave to have been
stolen as aforesaid, shall aid, assist, or advise
in or about the carrying away such slave
shall suffer the like penalties as are above
prescribed against the person stealing such
slave as aforesaid.
"SEC. 3. Every person who shall carry or
convey, or willfully assist in carrying or con.
veying any slave. the property of another,
with the intent or for the purpose of aiding
or enabling such slave to escape out of this
Territory, or within the Territory, and be.
| yond the control or recovery of his owner or
| master, or who shall willfully secrcte or con-
| ceal such slave from his owner or master
shall, upon conviction thereof, suffer the
same penalties as are prescribed in the fore.
going section of this act. And, in any in.
dictment preferred against any person for
/ the violation of any of the provisions of this
act, the property in the slave shall be well
laid, if charged to belong TO any person hav'
| ing an interest in such slave, whether such
| interest legal or equitable, present or future
| Join. or several, vested or contingent"
But here sir. am met with another objec
| ton by gentlemen of the Republican party
| They say they never can agree 10 any amend
ment of the Constitution which admits the
right of property in human being-thai
you cannot by any law chattelize humanity
| to use favorite expression of the gentleman
from Connecticut Mr.. Ferryl..
Now. sir. let US go back and see what your
fathers, as we'll as mine, thought in regard tt
this right of property in slaves. In the laws
of Massachusetts, find the following, passed
in 1868: ga law forbidding TO trade or truck
| with any Indian, mulatto, or negro servant
or slave, or other known dissolute and disor.
derby person, of whom there is just cause o.
suspicious; and such person to be punished by
whipping for so trading" L read iron
Hunts Law of Freedom and Bondage, book
written and published in Boston. pages 26i
and 274 In 1908, same page, find "Ar
act restraining the emancipation of mulattt
or negro slaves without giving security tC
the town that they should not become charg
able" And chapter four, San act that In
dams, mulattoes, and negroes shall not b'
abroad at night after nine o'clock" And W.
find this character of legislation running
through the legislative proceedings of all thu
Northern States, treating negro slaves, as W.
now do, as property; regulating their action
and keeping wholesome espionage owe
their habits and conduct. Thus though
and acted your Puritan forefathers on thi
subject.
But now desire, sir, to call the attention
of the members on this floor from New Eng
land to very curious fact in their history
| read, sir from the same volume, note OF
pages 26S and 269. In May, 1913, confed
eracy to be known as the United Colonies o
New England was entered into at Boston. b,
delegates from Plymouth Connecticut. ant
New Haven, and the general court of Massa
chusetts; and among the articles of agree
ment. a portion of the eighth is as follows:
at is also agreed that if any servant rur
away from his master into any of these con
federate jurisdictions, that, in such case, upoI
certificate of one magistrate in the JurisdIc
ton out of which the said servant fed, o.
upon other due proof, the said servant shall
be delivered either to his master or to any
other that pursues him, and brings such Ger
tificate or proof
This, sir. was the first fugitive slave &C
ft,a of OIU
the right to the master to reclaim his fugitive
slave upon the simple certificate of one ma
gistrate, and enacted by your Puritan faith
ers. Did they not think there could he prop
erty in man? And the fugitive slave law
which some States of the North now nullify
is not half so stringent in its terms as this
And acting upon this right, l find in Haz
ard, from page 81 to page SO, in 1916, a cor
respondence between the commissioners FOL
the United New England Colonies, and Gov
ernor Keift, of New Netherlands, in which
the commissioners hold the following Ian
guage:
Gan Indian captive liable to public pun
ishment, fed from her master at Hartford, il
entertained in your house at Hartford, and
though required by the magistrate, is, under
the hands of your agent there, denied; and
we hear she is either married or abused by
one of your men. Such servant is part Of
her masters estate, and a more considerable
part than beast. Our children will not long
be secure if this be suffered"
To which Governor Keift said in reply:
$50 far as concerns the barbarian hand
maid, although it be apprehended by some
that she is no slave, but free woman, be-
cause she was neither taken in war, mol
bought with price, but was in former time
placed with me by her parents for educa
ton"
Now, sir, we find no such thing urged her,
as that there can be no property in man, bu
we find your fathers and mine holding slaves
as property; enacting laws by which they
might be recaptured If they should escap'
from one colony to another; and actually de
manded, not as person, but in the very
language of the demand, as a part of thei
| masters estate. Are you more conscientious
| than your Puritan fathers? D It will be hart
| for you to convince the civilized world o
| that fact But, sir, 1 find in the treaty o
peace with Great Britain, in 1888, signed BY
Richard Osweld. John Adams, Benjamin
| Franklin, John Jay, and Henry Laurens, I
| distinct recognition of the right of propert,
in slaves. The seventh article of that treat,
concludes as follows:
| 'All prisoners on both sides shall be set a
liberty, and his Britanic Majesty shall, wit
all convenient speed, and without causing
any destruction, or carrying away any ne
| groes or other property of the American IN
habitants, withdraw all his armies, garrison
and fleets from the United States, and froI
| every port, place, and harbor, within tn
| same" sV
| lCoNCLUDED TOMORROW