Richmond daily Whig. [volume] (Richmond, Va.) 1842-1861, 1861-04-04


proprae in solemn constitutional instrument than the
Of absolute term from which 10 the mere familiar
historical examples Of it, differences might be drawn very
different from the nature Of the ins tuition as y exist
cd and still exists in the States Of the American Union
ln the Roman ovilz ltion, such il was, on which
the historical IDEAS OF slavery were most generally de-
rived the msster had the power of life and death over
his slave, and the practice for each meser 70 hx MS
brand ulOn the cheek of his slaves though OF the same
race with himself No wonder that The wise anc
great who framed the Constitution OF tho United
States should have wished guard against utcrences
and associations slch these by the preterinson o
~ora tha, mig have led to them. There is recorded
evidence that the precrmsion tbs result OF con-
Siderstcu and design especially the part OF the rep
Ftseotives Of the Southern States who most n-
terCscd in the legal, well as Humanitarian character
Of The institution, Is it exists in the United States.
lwl be seen, on reference the history Of The Con-
tiuou as has down to us from The most au.hen-
&c sources, that after the FRS draft of the instrument
reported by the committee Of desi General Puck
uey o! South Carolina desired 'SOme further provision
in favor o. property in slaves whe.eupon lis coll ague,
Mr. Fierce Bu'er proposed clause providing IN express
for tie surrender Of fugitive slaves but imme-
iatey withdrew IT, Oa the following day he submitted
proposition for the rendition Of "pesons held 10 service
labor under the laws OF State, escaping cto an-
other, l the very words with or two Insignificant
ylrilons in which it nOw forms part oi the Cons.Iu
ton, and !. was unanimously adopted.
But seems We have grOsu wiser tuah tAe OOhsutu-
lion ITSELF as we'll as our thers who framed l. 5nd there
those who insist that the incxorl5e sh5bole shall
DC pronounced however ample uuequyocal and precise
the guarantees otherWse given Tor all the rights con-
ueced with the legal servude of the African it
exists in the Southern States Of the Coniederlcy ard
t is Fecogu zsd and provided for by the proposed ar
,ugeueu, with regard TO partition OF the common ter
,itorics Of the UaiOn. But in age of sober reason
demand resting upon a single word, excluded from the
Constitution whea all which that word Justly imports Is
abuuduy conceded aud secured never oe made the
sine yi1 Of the preservation OF cur gc-iOc3 frame
Of gJyeramen. and OF pEghted faith, by loyal and
hg,-miadei people.
Let Us now leiow-citzens run brief parallel between
the proposition Of Mr. Crittenden aud that of the Peace
Couiereuce aud which, when analysed furnishes the
best legal security for the rights connected with African
servu ie. Both of them recoghzs the institution
is,ing in the rrory south oi hirysix degrees thirty
minutes Tie proposition Of Mr. Critttenden seems to
reccgaize simply fact and adds, negatively, that
''it shall not be nteriered wish by Congress- The
pror osoa Of the Peace Conference in declaring that the
stas Of persous bed TO Involuntary service or labor
as 60 roC ersts shall no, be changed recog1iz both
the law and the fact is the law which dehaes aud tx
cs the status and farther known and efficient
protection by declaring that that law so liking the status
shall not be changed Mr.. Crueadens proposition de-
clres that slavery shall be protected u property by all
the departments OF the Territorial Government during
It's existence The proposition OF the Peace Conference
ensures and establishes that protection, in the most am
pie manner beforehand by declining that the Territorial
law which gives u shall not be changed; and adds that
"the rights arising om the relation Of involuntary ser-
vice or LABOR shall no be impaired either b. Congress
he Territorial stature but the shall be sub sct
20 iuiical couguizlnce in the Ftra Courts according
to the course OF the common law
The proposition o. the Peace Conference thus
the rights OF TIE under the double SHE OF fed
era aud territorial prO'eclon, while tha OF Nj Cii,ien
den provides for territorial protection only. Tue cogu-
z,uee Of the Federal Ccu-s furnishes most mportart
| security, "a , long line OF decisions Of the S1prcme
Court Of the United States among @hCh may be men
'iouel the clbratei Amis'ad case, and the case OF
Groves and Slaughter a. well as toe D-d Ssot cs-F
recosuz, and .Gm ln the il',s. aud most uuJquyoca
manner the rights of property ia slaves. The proposition
o. td- Peace C,nercuce throws op2u also the whole ar
seua of remedies furnished hy the plastic genius Of tie
common aw tor ;hy assertion and viudiclIlon CT these
/ rights.
A verv superb ial attemp, has been sometimes m'de
TO disDl sl aud psryert this provision by representing
90 as referring 10 the common law Tor the right Of p:l
pe-ty iU slave; and very crau'Ols u>p'y cli-'l's
IA, been n3a.e by ptrtdius the Somerset ease ceciei
bv ord Chief Justice Mansfield 70 show ,hr according
10 the principles OF the law, there can be %
property n slaves. But the slightest inspection OF Tie
provision will show that the rights, ariilc from t', -.
Ia, o. slavery recognized as prseN'ns and ole
ready g.y established ia the trriiOry and r'ieTence
Is made 10 tie course Of the common Jaw cEy Tor the
procedure aud r m dies which il fuyi hes .Og th' ou.
,orcemeut oil those rights IL is fundamental maxim
rf that great system OF Jurisprudence, deeply mhu
With the wise aud practical Split OF the race anoag
| "
there il a remedy; and ts remedies are moulded "i-a
agic exact ue As well oOmprcl cl'asiyc LIBERAL y 10
sal. the circumstances Of each particular case IhuS
under tins proysiOl, the master would have his opJ9n
Of the action of i,tnue, trovcr, o. rcp1s on the Sc,
A. he might choose to y his d,Haud Tor tAe reS,u ION
of The slave or t6e recovery OF his value; aud the RENE
dies by hl5sas corpus replcyiu, which seem 20 De
tbOe maiuy cont, npated by the territorial code, would
be equally op,n to hm oy tn sam prosi5ioo.
Thus far ellownitizyns think you will agree with ne
that The proposition OF the Peace Cont renee furnishes
NOR, ample aud cceut legal protection for the rights OF
the slave holder in the allotted territory than the propO-
ton of Mr. Criteudcn. But the determined opponents
Of the ueut recommended by the Peace Conference
profess 10 fad important advantage N Mr. C'iten-
d.r- pro position in much 1t De -rs d., 10 ta~t
.srIiy slavery OF the bfriean race TO be bropTtg'
Undoubtedly slaves arr property The are made so by
the avs of every community in which slavery exists.
They are expressly declared 10 be so by repeated and
solemn decisions OF the Supreme Court They a,e also
persons, sustaining tEe legal rel"1ns ana respNA'5-
ues Of persona They punishable BY the LAYS fof
crimes which thCy may commit They are protected ny
the Laws from crimes which may he committed against
them There are alsO moral relations bet"een the mas
ter and slave which none are more ready 10 reeognz'
than the southern sivehOlder himself and which give
10 the institution as il xsts in the Souh It's patriarchal
and domestic character.
in this view that the sub ect slavery vas treat'
81 by the patriots aud statesmen who framed the Con-
stuitiop OF the United States While they recognized
tho rigbts of prooer;v in slaves and projected those
yb AGAINST the Interfering laws OF other States in case
of e4cap. by a soem obg tory provision for the reso-
ration of the fugitive slave 20 his master 'hey al the
me time included three f hs of their number per-
,,s ir the census of Inhabitants by which the appor-
onmen OF representation among the States Saa 10 be
regulated II YOU will look tck 10 the b4;h NO OF the
Federast contemporary with the adoption OF tue Con-
stitutoa in which this priucpe oapporuonment was DIS
eussed and yndcated oy Mr. Madison against Northern
objections you will see in what ioreioe terms nc PoIS
! the Southern view Of the subj sct.
eve denv he saya 'the ieet tlat sia e5 are oon5id
cred merely property and iu ne respect whatever as
persons The state Of the case is that they PArtaS
OF both Of these qualities being considered BY otI
laws IN soe respe6ts as persons and in other seSpccs
az property ? - The Federal Constitution de
cides therefore, with great Eety on the case o on
slaves when it vi9Es them ia tho nited ehaTaeteF
persons and OF property. Tus Is in TACT tneir true
character Il ia the character bestowed on bew ny A
laws undcr which they ive aud IL will not DO deneC
that these are the proper criterion"
Is not some regard due 10 the profound aud compre
hensiye policy which adjusted with so much skill ant
foresight the entire framework Of the Constitution e
that, whatever new rroyi;e ;en ensrAft upon It lo
the security q lights the essentsi harmchy anC
consistency Of is pats be not broken up? while al
herring to e angus OF the Cns,tsticu, tue pyopos.
tiOn Of the lieace Cshiereuee thGk have sho6n Sou
RECOGNIZES in the most qneQuiyoc.l HAnn,E tue lega
riEhs Of property u sa.es and provides the appleS
possible protection oF these Egh1s-s FeeesHl'Iol rS
pe4ed and re'aioFeed BY o.ssr pAF'- - = man which
- certain eases for the payment Of he pSnei
value Of the slave sed s--r uss b dspscpornone'
,,.sIva II, cs.up ,r.sou With other properly.
So entire and compete is recognition and protee
ton thus given 70 the rights Of property IN slaves ina
ben a motion vas made, in one stage Of the ptoeet d