Year: 1861

LILLE. l. E1N ~, IL IblDh i





United States recognizes slaves as property, and
pledges the Federal Government to protect IL. And
Congress cannot exercise any moro authority over
property Of that description than il may constitu-
tionally, over property Of any other kind"


| Thus we sec that slave-owner now has the right
under the Constitution go with his slave proper
~ to any part of the territory and keep his
slave there, and it is the duty Of the Federal Gov
ernment to protect hin, in the right Of property in
his snye carried Now, II the South give up this
right north Of this line in more than half Of the
territory under consideration, s it too much for us
of the South to ask you Of the North to agree and
consent that this principle of constitutional law as
expounded by the highest tribunal known to our
laws shall remain in force south Of the line of par
titiou2 We ask for new right south of this line
but yield to you right judicially established by
the court Of last resort IN more than half the ter
ritery, in consideration that You viii not abolish
our constitutional rights north Of the line. Surely
y fair minded man win accede to this proposition,


But you say this territory free when acq uired
from Mexico Granted. But beg you to remem-
Der that every other acquisition Of territory WAS
slave, and we have three times divided slave terri
tory with you. Can you not now, for the sake of
peace and quiet and for the preservation Of
mon Union, divide even free territory with Us p
But ii it was free when acquired, it is now slave,
land we do not even ask you tochange the condition
Of that portion Of the territory Southiof the line


but to take it we find it, with the laws which the
people of New Mexico have chosen to enact for
themselves for slavery has already been established
by law of the Territory, which is now in full force
Is this unreasonable? Cannot our northern friends
give to US Of the South this fair equitable and Just
demand2 If not, then fear the days of our Re-
public are numbered; and the greatest, best aud
.fb bxrin l,a oN,od md


forever. | will ask, sir to be permitted to read the
law of New hcxcoScstablishin slavery in that
Territory:


"An act TO provide for the protection of property in
i slaves in this Territory.


"Be il enacted By The Legislative Assembly Of the
4 Territory Of New Aerico That every person who
shall be convicted of the unlawful killing of slave
or other offense upon the person Of slave within
this Territory, whether as principal or accessory
shall suffer the same pains and penalties us if the
party upon whose person the Ofense was committed
had been white person.


i ''SEc. g. Every person who shall steal any slave
with the intent that the owner, or any one having
An interest in such slave present future vested
contingent legal or equitable shall be deprived Of
the use or benefit of such slave, SHALL upon convic-
tion suffer imprisonment for term not more than
ten nor less than four years and be fined in sum


not moro than ~, 900 nor less than $500. And ey-
cry person who shall, by violence, seduction or
other means, take and carry, or eutice away any
slave with tue like intent shall be deemed and held
: for every purpose whatever, to have stolen such
slave, within the meaning Of thshct And every
person WLo, knowing any slave to have been stolen
as aforesaid, shall aid assist advise in about
, the carrying away Of such slave shall suffer the
T like penalties above prescribed against the


person stealing such slave aforesaid.


D ''SEc. 3. Every person who shall carry or convey
or WlltuY assist CARVING or ronypyinu ar
the property of another with the intent or for the
purpose OF enabling such slave to escape OF this


Territory, or within this Territory and beyond the
control or recovery OF bis owner or MASTER or who
r shall wfuy secrete or conceal such slave from his


owner or master, shall, upon conviction thereof


suner the same penalties as are prescribed in the


foregoing section Of this act. And, in any indict


ment 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 tC


any person having interest in such slave whether


such interest beegal equitable present or future


joint or several, vested or contingent"


But here, sir, | am met with another objection by


gentlemen OF the Republican party. They say they


never can agree to any amendment of the Consltu


tion which admits the right of property in human


being-that you cannot by any law chatteze hu


msnity, to use favorte expression Of the gentle


man from Connecticut TMr. Ferry1


Now, sir, let US go back and see what your faith


ers AS well as mine thought in regard TO this righ


OF property in slaves. In the laws OF Massachusetts


find the following, passed in 1898 "a law for


bidding TO trade or truck with any Indian mulatto


or negro servant or slave, other known dissolut


or disorderly person, of whom there Is just cause


suspicioni and such person to be punished by whip
! ping for so trading" | read from Hunts law o
l. Freedom and Bondage, book written and publish
= :, ed in Boston, pages 262 and 2G3. In l703, sam


page, hnd an "An act restraining the emancipation
q OF muatto or negro slaves without giving security
= = to the town that they should not become chargea
- BILE" And chapter four "An act that Indians, nlu


lattoea and negroes, shall not be abroad at nigh
after nine o'clock" Aud We find this character o


legislation running through the legislative proceed


ings OF all the Northorn States treating negro slaves


as we now do, as property regulating their action
!. and keeping wholesome espionage over their hab
g ITS and conduct. Thus thought and acted your Pu
. ritan forefathsrs on this subject.
,s But now desire sir to call the attention Of III
v members on this floor from New England to a ver
e curious fact in their history. read sir, from tn
It same volume, note on pages 366 and 269. In May
is 1913 confedeTacy 70 be known as the United Col
is onies Of New England was entered into at Bosto
by delegates from Plymouth Connecticut and New
Hoyen, and the general court Of Massachusetts, an


and among the articles of agreement portion Q
8 the eighth is as follows:


y at is also agreed that n any servant run AVA
from his master into any Of these confederate urs
n dctions, that in such case upon certificate of on
Of magistrate in the jurisdiction out Of which the SAT-
servant fed or upon other due proof the said ser
ID want shall be delivered either 70 his master or
De any other that pursues him. aud brings such certf
ri cate or proof"


This sir was the frsihgitve slave act tadoptod o
!, the continent Of America, giving the right to th
s master 10 reclaim bis fugitive slave upon the sm
- pie certificate of one magistrate, and enacted b
VI Puritan fail thawrr nt bs,,lr har
- should be property in mani Aud the fugitive slav


law which some States of the North now nullify
not half so stringent in its terms this. And act
10 ing upon this right find in 2 Hazard from psg
~ ~ 81 TO page co. in l646, correspondence betwee
" y the commissioners for the United New Engan
~ Colonies, and Governor Keift, Of Netherlands,
" which the commissioners hold the following lsI