Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1861-04-23

r. This Commonwealth, and I respectfully re-
o,,rst the gentleman, in perfect KINDNESS ~
nrder TO promote that honor and interest," ~
Withdraw his resolution for the present.
Mr.. Wnsas-l rise 70 = point Of order "t'eh
is r privilege question. ..
The Cu.lgMAS-rhr Chair "isacI 70 make
i noint Of order himself, and if the gentleman
will resume tis seat, the Chair Will state ms
point Of order.
Mr. EusoS-W,I the Chair permit ne I"
state my point of order
The Certainly. sir.
Ne. WusoS-My point OF order If, that Il
is out G.: order in committee OF tie wE6ie, %
instruct a Committee of the House.
The CHAra4.S-The Chair was abort ~
raise that question, not observing, when ;hs
resolution Was reported, the peculiar character
of tina, amendment Thu peculiar character OF
this amendment il that the Coln!nitire 90
Federal Relations be instructed TO make re-
port of q certain character. This Committee
hns no right to refer AMI thing to a select Com
~rnittec; and, therefore, the Chair decides Inc
amendment, coming IN this shape, ~ be Gut oi
order. i.
MIR. BocLulS-Mr. Chairman, ! desire to o.
fer Il very short amendment ~ the firSt article
Of the proposed amendments TO the Col.slitu.
ton; not changing its character, il my friend
the Char Nun of the Committee On Federal
Relations is correct i'll his construction vi II.
But not being satisfied myself that he IS cor
rect, | desire 10 u:ake PLAIN whit secu!s 10 LIE
to bu ambiguous; and when thus amehdtd, II
IS nav purpose to sustain that SECTION OF tho re-
port Of tue Committee. The amendment which
/ urcpoge is this: In the fifth line Of the FIRST
SecttUn, urticlc XIII Of the amendments to the
Constitution, 10 strike out the words rs II
now exists" and insert in lieu thereof nj he
African race is allowed and hereby declared I"
cxi,L aud shall not be abolished by my Ia"
Of .'ougrvss or 4 TerriLorin! Legislature; Gus
the sutIIe, Az now protected by the laws G' TIE
Territory Of New Mexico" shall retnain. DC.
so that the whole section a. | {, opnse 10 a'iisi'a
Ii, shall read: ,
SECTION !. III ell the present territory oi
,b= United States, North Of the parallel OF
thirty.slx degrees and thirty minutes OF North
latitude. :ovolumtgry Scr"itude, eScett II
punishment Of crime, is prohibited. In ell
the present territory, South OF that line, lnVol
untary servltudc Of the African race is allow
ed. and hereby declared To exist, and shall rot
be abolished by any law Of Congress or a Ter
ritorial legislature; bat the same, as now pro-
tecled By the laws Of the Territory Of New
Mexico, Shall remain and shall not be ciiansed;
nor shall any law be pusset by Congress
or the Territorial Legislature to hinder u
prevent the taking Of persons held 10 scr.
ylcs or labor, from any OF the States OF
this Union tc said territory; nor TO I'M
pair The rights arising from Said relation; nor
snail sail rights be IN any manae. affected T.:
any Dre.e%is.ing law Of MrAlco; bat The same
shall be suij,ci % Judicial c'guzance in the
Federal Courts, according to III" remedies and
practice of the COMMON law. Mhsa Gny
Territory, North or South Of said line, within
sIch boundary ns Congress may prcsc1Ibr,
Snail contain & population equa! TO that re.
CURED FOR a member Of Congress, it shall If
its form Of government be Republican, be ad
United into the Union on an eGu3! i3ot!rg
"illI the original States, With OF w!lient III
voluntary seryitude, as such Constitution OF
the State may pro7ide. In all Territory
which may hereafter be acquired by the Uni.
ted States, involuntary s:rv!tude is prohibited,
except fur crImc. North of thc latitude CT
:nir.y.six degrees an1 thirty minutes bat
shall not be prohibited b. Congress or any
i CIIltol Id ISkiSi-bGiS 'u' va o'A 30"
The CnAIkMAS propounded the amendment
to tie House.
Mr.. BoULulS-Mr. Chairman, | understand,
ard have no doubt that such is the fact, that j.
vas the object Of the COMMITTEE, by this sec.
,iuti, to recognize Is now existing the systcin
Of African slavery and to recognize il pre-.
cisely Us il is existing and is nov protected by
the stringent slave code Of the territory Of New
Mexico. | understand from the argument Of
nv friend, the Chairman Of that Committee,
lust nos delivered that such was tbs purpose
ut line Committee, un6, | repeat, that | have
10 doubt that such Was their purpose; bu: to
my mind. they have not by this section attain.
ed that end with absolute certainly. AEd
why d. | say so? 1t srecis to ne that no per-
son eau for u tnolucut shut his eyes to ;he tact,
on looking ct this section Of the report, that
you must 20 ouL.ide d il to ascertain whether
African slavery is protected Of net. Whit
arc Se doing, Mr. Chairmauf We aTe en-
draroring Tow to make plain what Was before
ccntrocertsd-to mako clear and certain whai
was before obscure and uncertain, cad thus TO
protect the rights vi the Southern people under
tn, Constitution CT the United States. And
v that, urder such circumstances, is our obvious
duty Evidently, to make Inc Constitution
50 plain that ne who rms may read-;o leave
nothing to construction. Now, sir, | ask
again If any nelnbe: DC this floor Gun read the
liyst section Of this article, and say that upon
It's face African slavery is recognized and pro.
.ected as M existing institution in any terri
tory Of the United States. 1t seems to me
that it cann0t be SO affirmed. There is not, !
apprehend, I single member Of this body VIII"
knows thGt African slavery does now exist in
Inc territory Of New Mexico; and unless it
does now r;ghtfully exist lc that territory, no
security is afforded the South by the amend.
ment OF the Committee. The section in uues-
ton merely provides for the protection Of slave
~ South cl the line OF $500. il it already
exists, and 'os il non exists" Its true OF jrct
is, or ough, to be, not merely to protect slavery
If existing, but ii need be, to establish 1t South
of that line, and thus 10 explain and make
clear rights under the Constitution, nov sup.
posed 10 be doubtful and yet it neither afirrEs
that slavery dnes or ,uay exist, nor is 1t pcssi
ble 70 ascertain irom the section itself,
whether slavery does or does not exist in any
territory south Of the proposed line. To as
certain that fact you must look outside the
report. The amendments proposed
by Virginia should not themselves be atnbigu
ous, tut should so explain or amend the Con.
s,itution, as TO settle forever this much cor,ro.
v,ricd question. | desire that the amendment
itself, shalI, in terms, affect this desirable end.
/ wish the bond to show OIL iis face that this
fatal question is forever closed. | do not wish
bv our own action to create 4 necessity OF 20
lng outside the bond 10 make collateral enlui.
riss. But, MS the Section now stands, mn out
siao enquiry is not only suggested, but il rem
drrel absolutely Indispensable. II provides
!i:at "iayoluaisry srrTiiudc az it nVp sri.t~,
s!ull rcnuin," &c. &c. This amendment, it
will DC seen, does Nc; aifiru: as a conclusion BY
law or fact, that Involuntary servltuir do=s eG.
isl. 1t merely preserves and protects the ex-
isting status. No member here call, by pos.
sibilIty, say from this section, taken by itself,
that slavery IS acknowledged to be an existing
institution in the territory south of Ito pro-
posed line. We are compelled to gn beyond the
amendment, and enquire first. if slavery does
ia fact exist South ni The line ara II We find
it existing. ne nus. ;aen etiqctra, nn1 does il.
,-;.. II - - ,vi-i a.. ,u-y ,. IL s,c., ,,.ro