Daily Nashville patriot. [volume] (Nashville, Tenn.) 1860-1862, 1861-04-05
Gntl1tltereiaI.

as ii now exists, snail not De cnduSe0i hui
shall any law be passed by Congress or the
Territorial Legislature, to hinder or prevent
the taking of such persons from any of the
States of the Union to said Territory, nor to
impair the rights arising from said relation;
but the same shall be subject to Judicial cog
nizance in the Federal Courts, according to
the course of the common law. When any
territory. north or south of said line, within
such boundary as Congress may prescribe,
shailcontain population equal to that re-
CURED for member of Congress. it shall, II
its form of government be republican. be ad-
mitted into the Union gu an equal footing
with the original States, with or without in-
voluntary servitude, as the Constitution OF
such new State may provide"
Mr.. Crittenden's corresponding proposition
is in these words:
SIN all the territory of the United States
now held or hereafter to be acquired, sltua-
ted North of latitude 35 degrees and thir-
ty minutes, slavery or involutary servitude.
except as punishment for crime, is prohIbi-
ted while such Territory shall reman under
Territorial Government. In all the territory
South of said line of latitude. slavery of the
African race is hereby recognized as existing,
and shall not be interfered with by Congress;
but shall be protected as property by all the
departments of the Territorial Government
during its continuance; and when any Terri
tory, North or South Of said line, within
such boundaries as Congress shall prescribe,
shall contain the population necessary for
member of Congress, according to the then
Federal representation of the people of the
United States, it shall. if it's form of Govern
ment be republican, be admitted into the
Union on an equal footing with the original
States, with or without slavery, as the Con-
stitution of such new State NAV PROVIDE
The provisions are the same in beth in re-
ference to the Territorial division, and both
provide that any new State shall be brought
into tine Union with or without slavery, "as
the Constitution of such new State may pro-
vide';
Now, Mr.. President, by the provision of the
first article of the Peace Conference adjust
ment, the status of the persons held to invol-
untary service or labor, as it now exists,
cannot be changed. "The status of persons
held to involuntary service" is state or
condition of slavery. The persons SO held
in involuntary service are themselves slaves.
But this status of persons held to involunta-
Ty service is further indicated aud fixed by
the words "as it now exists" The announce
ment is that the condition of slavery las it
now exists" shall not be changed.
1t is known to the members of this Con-
vention that on the South side of this line Of
Sc deg. 80 min. slavery of the African race
now exists and this adjustment by the peace
Conference must be taken in connection with
the fact that slavery has already been estab
lished on the South-side of this line, and has
received already, prior to the labors of this
Conference, the most full, perfect and CON-
pie tie protection at the hands of the Terrific
rial government of New Mexico; and that
the existence of this state of slavery under
the law of New Mexico is the condition in
tended to be recognized by this article; and
chon md MIA in hp
Constitution OF the United States, recog
nizes in effect this law of New Mexico as it
stands on the statute book of the Territorial
government. 1t comedies the condition OF
slavery in the Territory now to exist. 1t
was specially established by the law of the
Territorial Legislature. When the existence
Of the institution is itself admitted and re-
the law of its creation and protec-
ion meets an equal recognition. This con-
lition of slavery "as it now exists" is not
10 be changed during the territorial state of
he country. 'How does it now exists?"
By territorial law. What does the declara-
ion mean, that this condition shall not be |
changed? 1t means that the territorial law
and protecting slavery, shall not
De repealed during the continuance of the |
Territorial government. Slavery exists in
New Mexico, both de jure and de facto.
Permit me to call the attention of the Con-
,ention to this code, adopted by the New
iexican Territorial Legislature, on the Sd
lay of February, 1859. The very title of the
ct is-"An act to provide for the protection Of
property in sla0es in this Territory" This |
tatute consists of thirty-one sections, and |
will take it upon me TO say that it is as full, |
omplete and perfect codifcation of all acts |
necessary for the discipline, protection and |
afety of this population, as can be found in |
ny one of the States of this Union. We have |
Iothing, in the whole compass of our statu- |
DRY enactments in Virginia that meets more |
thoroughly every case growing out of the |
presence, or relating to the value and use, of |
lave property than this act supplies. The |
aw itself, passed by the Territorial Legisla-
ure of New Mexico, and which l now have |
efore me, is too voluminoustO read entire be-
pre- the convention. | will present a few
as specimens of the whole:
''SEc. 1. That every person who shall be
onvicted of the unlawful killing of slave,
r other offence upon the person of slave |
Iithin this territory, whether as principal or
ccessory, shall suffer the same pains and pc
alties as if the party upon whose person
ne offence was committed was a free white
erson.
''SEC. 2. Every person who shall steal any
ave, with the intent that the owner or any
ne having an interest in such slave, present
NtSlSu VI lGSdl
.ble, shall be deprived of the use OF benefit
f such slave, shall, upon conviction suffer
IMPRISONMENT for a term of not more than
m nor less than fonr years, and be fined in
I'm not more than ten thousand nor less than
We hundred dollars; and every person who
lall by violence, seduction or other means,
Ike and carry or entice away any slave with
lie like intent, shall be deemed and held, for
,ery purpose whatever, to have stolen such
ave within the meaning of this act. And any
arson who, knowing a slave to have been sto-
n as aforesaid, shall aid, assist or advise in
about the carrying away of any such slave,
lall suffer the like penalties as are above
rescribed against the person stealing such
ave as aforesaid.
SEC 3. Every person who shall carry or
illfully assist in carrying or conveying any
ave, the property of another, with the in
mt or for the purpose of aiding or enabling
oh slave to escape out of this territory, or
thin this territory and beyond the control !
recovery of his owner or master, shall, up !
conviction thereof suffer the same penal
IS as are prescribed in the foregoing section
this act. And in any Indictment preferred
,ainst any person for the violation of any e
the provisions of this act, the property in t
e slave shall be well laid, if charged to be I
NC to any person having an interest in such
ave, whether such interest be legal or equi-
BILE, present or future, joint or several, yes
i or contingent.
SEC. 4. Every person who shall forge or
rnish to any negro, free or slave, any false
fabricated free papers or false evidences C
print or writing, of the freedom of such Il
gro, shall upon conviction, suffer imprison- t.
ent for term not more than five years, nor
Us than six months, aud be fined in sum
It more than one thousand, nor less than
e hundred dollars.
Sec. 5. Any person who shall hire, entice
or in any manner induce any slave n
absent himself from the service or custo- Il
of his owner or master, or who shall, upon
y pretence, harbor or maintain any slave II
absenting himself from such service or Q
stody, shall, upon conviction thereof suffer
e and Imprisonment as prescribed in sec
N four of this act, and shall, besides, be IL a.
lie to the owner or master in civil suit for C.
images.
SEC. 6. ANY person who shall endeayor to <