Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1861-03-30
this article means? quote from this section


when that provision was under examination be
fore the Peace Conference a proposition wa
made 10 introduce the word legal before statu,
An eminent gentleman, whose name it is no
necessary for me to mention, rose and said
why it is not necessary to introduce thl
word legal, for when you talk of status yol
talk Of legal status" And, it is my duty Il
tell it, sir, he went on still further, and with
candor which did him honor, declared that tn
whole Interpretation Of the section was that, i
was the status which was fixed by the Mexican
law of emancipation which had been proclaim
cd by the Mexican Government years befor,
the acquisition Of the territory by the United
States and he maintained that the law of New
Mexico was the status Of free soil. Why, sir
he ignored the idea that territory could either
prohibit or introduce slavery within its limits
| thanked him for his explanation afterwards
[ went to him and said: "You have at al
events established your character as an honest
and frank man." cannot refer moro particu
larly to him than to say that ho is prominen
and leading man in his party. ...--.r
Mr.. WIsE-Will the gentleman allow me t;
interrupt him J.? | want to know the name O
the gentleman to whom he refers - Was it OF
was it not member Of the Cabinet from Ohio
of the name Of Chase!
Mr.. TYLER-Well, sir that is what the law
yers call a question direct, and have some
doubt about my right 10 answer it, although
AIN perfectly satisfied that the gentleman him.
self would have no objection To my doing so.
There WINS question under consideration in
the Conference as 10 disclosing what tranSpired
there How far the veil Of secrecy was removed
I really do not renember-the journal has not
yet reached me, ifit ever does. ! have but fol.
lowed the example set me by my friend yes
terday am only saying what was said, but
have given no names. 1t is not necessary 10
mention the name All that | have right to
say is, that he is 4 prominent and leading man.
Well, sir, can you doubt the correctness of his
interpretation Remember that shortly after
the Mexican revolution general cmancipa-
ton Of slaves took place in Mexico. You nc.
quircd New Mexico by the treaty of Guada-
loupc llidalgo, growing out Of tho Mexican
war. You acquired it while still resting under
Mexican emancipation and under the ordinance
declaring that slavery shall not exist there, and
that it was forever to be abolished 1t is true
that they retained sort Of slavery. They retain
ed among them what is called "peonagc" 1t is
a cruel bondage terrible buniagc; Il
bondage of sinews and muscle which no
one Of our slaves has 10 endure. Well, sir, can
you conc to any other Interpretation than that
which the gentleman to whom have referred
has givenY Why, sir, you had yesterday a
statute which was passed By the Territorial!
Legislature Of New Mexico, read to you by
Mr. SUMMERS. If that statute is the status Of
slavery over that territory, then all the sub
sequent part Of this provision Of this first Sec
tion becomes null and void. 1t is of no con.
sequence OF ALT only tends 10 confusion
Mark how the section reads:
Nor shall any law be passed by Congress
or the Territorial Legislature TO hinder ur
prevent the taking Of such persons from any
Of the States Of this Union into said Territory,
nor TO impair the rights arising from said re.
ation but the same shal6e subject tojudicaG
cognizanee in the Federal Courts according to
tie course Of The common Eap."
What have you to do with the common law
or its course : The statute of the Territorial
Government is full and ample 1t gave you
a remedy and it gave you Il right which are Of
themselves sufficient The statute is full OF
remedies it recognized your rights and you
want the common law-take care, siT-take
may cncircie your Ieet.r 'hlarw "Joa WHICH
have given up the statutes OF New Mex CO
Congress can make no provision for the pro-
lection of slavery in the Territory, nor can
the Territorial Legislature, but the Mexican
law is there, and the moment you 90 there
YOU arc under the Mexican law OF emancipa-
ton. The statute Of New Mexico has become
Il nullity The common law is TO abr0gate
the statute, which at its greatest stretch oil IN
terpretation can only cover the twenty-four
slaves already there. What is the condition
of the bondsuan who accompanies you to
that Territory? Congress is prohibited from
preventing your journey to the Territory with
your slaves, nor can the Territorial Leglsla-
turc hinder you. But what becomes of him
after he gets there lie stands upon free
soil-he is there surrounded with all the
panoplv of the Mexican code Of cmancipa-
ton. Does the COMMON law aid you =
At the most, you have law suit upon your
hands; and that is all you have got When
YOU come into court for security you will have
applied to your case the same decision rem
| dcred by Lord Mansfield in the Somerset case
which was referred to by the gentleman from
Kanawha (Mr. SuNMEEs.) This case grew out
Of the attachment of slave on the soil OF
England, where, in the language Of Cnrran,
.'the chains of the slave fall from around
him and he stands redeemed, regenerated,
and disenthrallcd By the genius OF universal
emancipation"
This language have often repeated when
a boY-I used to delight in its cuphoneous
tones. 1t swcllcd like q mountain torrent up
on the ear; it kindlcd tho fancy into perfect
blaze and filled one with that delight which
the clouuencc Of the Irishman in its brightest
strain, can alone produce So it is in New
Mexico 1.-The altar and the god fall together
in the dust" and you rely upon the couinon
law to restore them, and to invest your proper.
ty with sanctity and protection. You appeal
to Lord MansGeld's authority. lie tells you
the moment you touch the soil of New Mexico
with your slave, his slavery is at an end, and
he is 4 free man. 1t is true that at later
day Lord Stowcl assumed position antago
nistic to Lord Mansfield on this subject
He decided in tile Oracle case, that Lore
Mansfield was wrong. How then do you
stand? You are asked to ignore the sta
tute which recognizes your rights in the
New Mexican territory and to appeal to thu
common law, where the decision will, in ali
probability, be governed by this decision o
Lord Mansfield Thus you have two Of tht
most eminent jurists of England differing upor
your title to your bondsman fou come Il
Washington to seek settled opinion upof
the subject and you so to the great Senator:
consultunl fou listen to hTr. Benjamin, an,
he throws around you the panoply Of tn
common Lave. lie guarantees protection 10
your negro wherever goes. Even he, however
stuggerS somewhat in doubt when he touche
free soil, rs in Pennsylvania. Heis met, how
ever, by two distinguished gentlemen, MT
Fessenden and Mr.. Coamer-men of higl
eurcnce and talents, and as distinguishes
as Mr. Benjamin with large and comprehen
sive views upon every other subject thai
this cramping suject Of slavery; they ar
in conflict with Mr.. Benjau,in's views, hav
ing majority of two TO one in their lavo
among their brother Senators. II, lesV
ing Washington, you 60 10 Chicago, YOU en-
couutera pronunciamcnto there. which ignore
your whole claim to any refuge or protection
either under the common or territorial Ia"