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and New York must again be surrendered | State ticket of their own men, adoptby their farmers to slave culture and to the ed the expedient of selecting their production of slaves, and Boston and New York become once more markets for trade candidates alternately from the tickets in the bodies and souls of men. It is the of the two great parties—of course, failure to apprehend this great truth that induces so many unsuccessful attempts at powerfully aiding that which must final compromise between the Slave and otherwise have been beaten throughFree States; and it is the existence of out. The 25,000 votes thus cast this great fact that renders all such pretended compromises, when made, vain and elected three of the Democratic canepherneral."

didates by majorities of 328 to 1,450; Mr. Lincoln, in his brief Spring- while the Republicans placed on the field speech, furnished the shortest “ American ticket” had majorities and sharpest exposition ever yet ranging from 45,104 to 49,447; and given of the doctrine vaunted as one Republican candidate was chosen Popular Sovereignty,' viz. :

over the joint vote of both the adverse “ This necessity [for a popular indorse parties. In this “balance-of-power" ment of the policy embodied in the Nebraska- movement of the Americans was foreKansas billj had not been overlooked; but shadowed' the “ Fusion” electoral had been provided for, as well as might be, in the notable argument of Squatter Sover- tickets of 1860. eignty,' otherwise called 'sacred right of self-government ;' which latter phrase, though expressive of the only rightful basis

The indignant, scornful rhetoric of any government, was so perverted, in wherewith Mr. Webster had scouted this attempted use of it, as to amount to just the suggestion, that Slavery might this: That, if any one man choose to enslave another, no third man shall be allowed to possibly be established in New Mexiobject."

co, and spurned the idea of “ reënactMr. Douglas promptly joined issue; ing the laws of God” by prohibiting and an oral canvass of unequaled it there, had scarcely died out of the interest, considering the smallness of public ear, when the Legislature of the stake, was prosecuted by these that vast Territory proceeded, at its capable and practiced popular de- session in 1859, to do the very thing baters, before immense audiences of which he had deemed so inconceivatheir fellow-citizens, up to the eve of ble. Assuming the legal existence the State Election. In the event, of Slavery in that Territory, in acMr. Douglas was successful, securing cordance with the Dred Scott deci54 to 46 of the members of the Leg- sion, the Legislature proceeded to islature, and being promptly reëlect- pass “An act to provide for the proed by them; but the candidates fa- tection of property in slaves,” wherevorable to Mr. Lincoln had a plurality by severe penalties were provided of the popular vote.

for “ stealing,” or “enticing away”

said property, or “inciting” said proThe Elections of 1859 were not es- perty to “discontent” or “insubordipecially significant, save that, in New nation.” The spirit of this notable act York, what remained of the “ Ame- is fairly exhibited in the following rican” party, instead of nominating a provisions :

6 For Lincoln, 124, 698; for Douglas, 121,130; dience to directions from Washington-Mr. Lincoln's plurality, 3,568. But over 4,000 Dem. Douglas's apprehended return being exceedingly ocratic votes were scattered and lost, in obe- istasteful to President Buchanan.

SLAVERY LEGALIZED IN NEW MEXICO.

303

"Seo. 10. Any person may lawfully take committed to the jail, or custody of a proper up or apprehend any slave who shall have officer, to be released the next day, on derun away, or be absenting himself from the mand and payment of costs by the owner custody or service of his master or owner,

or master." and may lawfully use or employ such force

Another act passed by the same as may be necessary to take up or apprehend such slave ; and such person, upon Legislature, “Amendatory of the the delivery of such slave to his master or law relative to contracts between owner, or at such place as his master or owner may designate, shall be entitled to masters and servants” (peons), has demand or recover by suit any reward this unique provision, which might which may have been offered for the appre: have afforded a hint to South Carohension or delivery of such slave. And, if no reward have been offered, then such per-| lina in her worst estate: son so apprehending such slave shall, upon

“Seo. 4.—No Court of this Territory the delivery of such slave to his master or

shall have jurisdiction, nor shall take cogniowner, or to the sheriff of the county in

zance, of any cause for the correction that which such slave was apprehended, be entitled to demand and recover from such of their duties as servants; for they are con

masters may give their servants for neglect owner or master the sum of twenty dollars, sidered as domestic servants to their masbesides ten cents for each mile of travel to ters, and they should correct their neglect and from the place where such apprehen- and faults; for, as soldiers are punished by sion was made. “Seo. 11. If any sheriff of any county the civil authority, by reason of the salary

their chiefs, without the intervention of within this Territory shall fail or refuse to they enjoy, an equal right should be grantreceive with proper care any runaway slave ed those persons who pay their money to be so offered to him for safe-keeping, by such served in the protection of their property; person apprehending the same, or his agent Provided, That such correction shall not be such sheriff shall, upon conviction thereof; inflicted in a cruel manner, with clubs or be fined in a sum not less than five hundred

stripes.” dollars to the use of the Territory, shall further be liable to the owner of such slave These acts were directly inspired for his value, recoverable by civil suit, and shall be ineligible for reělection to the said' from Washington, and were enacted office.

under the supervision and tutelage “Sec. 20. Any slave who shall conduct of the Federal officers stationed in himself disorderly in a public place, or shall give insolent language or signs to any free the Territory. Some of these were white person, may be arrested and taken by personally slaveholders; others were such person before a justice of the peace, only anxious to commend themselves who, upon trial and conviction, in a summary manner, shall cause his constable to to the notice and favor of their supegive such slave any number of stripes upon riors; and it was easy for them to his or her bare back, not exceeding thirtynine.

persuade the ignorant Mexicans, who “Seo. 21. When any slave shall be con- mainly composed the Legislature, victed of any crime or misdemeanor, for that such acts would cause the heawhich the penalty assigned by law is, in whole or in part, the fine of a sum of mo- venly dews of Federal patronage to in its discretion, substitute for such fine cor- arid, thirsty hills of their Territory. ney, the court passing sentence on him may, fall in boundless profusion on the poral punishment, or branding, or stripes.

"Sec. 26. No slave shall be permitted to And, while the number of slaves held go from the premises of his owner or mas in New Mexico might never be great, ter after sunset and before sunrise, without a written pass, specifying the particular its salubrity, and the ease wherewith place or places to which such slave is per- a mere subsistence is maintained mitted to go; and any white person thorized to take any slave who, upon de there, might well have commended mand, shall not exhibit such pass, before it to favor as a breeding-ground of any justice of the peace, who, upon sum- black chattels for the unhealthy mary investigation, shall cause such slave to be whipped with not inore than thirty-nine swamps and lowlands of Arkansas stripes upon his or her bare back, and to be and Louisiana. In any case its subhaving been withdrawn, the vote was legislation or legislation of an indirect and declared : for Pennington 117; John nul or impair the constitutional right of any

unfriendly character, possesses power to anA. McClernand, Dem., 85; John A. citizen of the United States to take his slave Gilmer, Amer., 16; and there were property into the common Territories, and

there hold and enjoy the same while the ter15 scattering. Mr. Henry Winter ritorial condition remains.” Davis, of Md., who had hitherto voted

The discussion of the series conwith the Americans, now cast his sumed a large share of the time vote for Pennington, and elected and attention of the Senate during him—he having the exact number the entire session. It ultimately necessary to a choice. John W. For

transpired that they were

the ney, anti-Lecompton Dem., was soon work of a 'Lecompton' or regular after elected Clerk by a close vote.

Democratic caucus, and that their The majority in the Senate was ulterior object was the reading of not merely Democratic of the Le- Mr. Douglas, and other tenacious compton or extreme pro-Slavery caste; champions of Popular Sovereignty,' it was especially hostile to Senator out of the Democratic party. At Douglas, and determined to punish length," the Senate came to a vote on him for his powerful opposition to the first of the series, which was as the Lecompton bill, by reading him follows: out of the party. To this end, Mr.

“1. Resolved, That, in the adoption of the Jefferson Davis submitted an elabo- | Federal Constitution, the States adopting the rate series of resolves, whereof the

same acted severally as free and independ

ent sovereignties, delegating a portion of following is the most material:

their powers to be exercised by the Federal “4. Resolved, That neither Congress nor Government for the increased security of a Territorial Legislature, whether by direct each against dangers, domestic as well as legislation or legislation of an indirect and foreign; and that any intermeddling by any unfriendly nature, possess the power to an- one or more States, or by a combination of nul or impair the constitutional right of any their citizens, with the domestic institutions citizen of the United States to take his slave of the others, on any pretext whatever, poproperty into the common Territories ; but litical, moral, or religious, with a view to their it is the duty of the Federal Government disturbance or subversion, is in violation of there to afford for that, as for other species the Constitution, insulting to the States so of property, the needful protection; and, if interfered with, endangers their domestic experience should at any time prove that the peace and tranquillity-objects for which the Judiciary does not possess power to insure Constitution was formed-and, by necessary adequate protection, it will then become the consequence, tends to weaken and destroy duty of Congress to supply such deficiency.” | the Union itself.” These resolutions he modified, "after

This resolve was aimed directly at a conference with friends,” and sub- the Republicans, and was passed by a mitted afresh," presenting the mate- strict party vote—that is, by the votes rial proposition in this shape :

of all others in the affirmative, against "4. Resolved, That neither Congress nor

the Republicans in the negative : a Territorial Legislature, whether by direct Yeas 36; Nays 19.13

10 Feb. 2, 1860. 11 Feb. 29, 1860. Pearce, Polk, Powell, Pugh, Rice, Sebastian, 12 May 24, 1860.

Slidell

, Thomson, of N. J., Toombs, Wigfall, and 13 YEAS—Messrs. Benjamin, Bigler, Bragg, Yulee-36. Bright, Brown, Chesnut, C. C. Clay, Clingman, Nays-Messrs. Bingham, Chandler, Clark, Crittenden, Davis, Fitzpatrick, Green, Gwin, Collamer, Dixon, Doolittle, Fessenden, Foot, Hammond, Hemphill, Hunter, Iverson, Johnson, Foster, Grimes, Hale, Hamlin, Harlan, King, of Ark., Johnson, of Tenn., Kennedy, Lane Simmons, Sumner, Ten Eyck, Wade, and Wil. (Oregon), Latham, Mallory, Mason, Nicholson, son-19.

"POPULAR SOVEREIGNTY” IN THE SENATE.

307

2. Resolved, That negro Slavery, as it privileges among its members; and that it exists in fifteen States of this Union, compo- is especially the duty of the Senate, which ses an important portion of their domestic represents the States in their sovereign cainstitutions, inlerited from their ancestors, pacity, to resist all attempts to discriminate and existing at the adoption of the Consti- either in relation to persons or property in tution, by which it is recognized as consti- the Territories, which are the common postuting an important element in the appor- sessions of the United States, so as to give tionment of powers among the States, and advantages to the citizens of one State which that no change of opinion or feeling on the are not equally assured to those of every part of the non-slaveholding States of the other State.” Union, in relation to this institution, can

This was also adopted—Yeas 36; justify them or their citizens in open or covert attacks thereon, with a view to its over- Nays 18: the Yeas, as upon the first throw; and that all such attacks are in vote; as also the Nays, except that manifest violation of the mutual and solemn Messrs. Grimes and King did not vote. pledge to protect and defend each other, given by the States respectively on entering The next was the touchstone-its into the constitutional compact which formed the Union, and are a manifest breach of passage by a party vote the object faith, and a violation of the most solemn ob- of the movement. It reads: ligations."

4. Resolved, That neither Congress nor This was adopted: Yeas 36; Nays a Territorial Legislature, whether by direct 20; the division being identical with legislation or legislation of an indirect and

unfriendly character, possesses power to anthe foregoing, save that Mr. Trum- nul or impair the constitutional right of any bull, of Illinois, was now present,

citizen of the United States to take his slave

property into the common Territories, and adding one to the Republican vote.

there hold and enjoy the same while the While the above resolve was under territorial condition remains.” consideration, Mr. Harlan, of Iowa, This important resolve—the senmoved to add to it as follows: tence and death-knell of “Popular

“But the free discussion of the morality Sovereignty”—was passed by the and expediency of Slavery should never be decisive majority of thirty-five Yeas interfered with by the laws of any State, or to twenty-one Nays "_every Demoof the United States; and the freedom of speech and of the press, on this and every cratic Senator present but Mr. Pugh, other subject of domestic and national pol- of Ohio, voting for it; though Messrs. icy, should be maintained inviolate in all the States."

Latham, of California, Fitch, of IndiThis was rejected: Yeas 20; Nays ana, Rice, of Minnesota, and perhaps 36 (as upon the adoption of the sec

one or two others, had been known in ond resolve, with the order reversed). other days as friends of Mr. Douglas, "3. Resolved, that the Union of these

and champions of his doctrine. Mr. States rests on the equality of rights and Douglas himself was absent through

14 Yeas-Messrs. Thomson (John R.,) of New and Polk, of Missouri, R. W. Johnson and SeJersey, Bigler, of Pennsylvania, Rice, of Minne- bastian, of Arkansas—28 from Slave States sota, Bright, of Indiana, Gwin and Latham, of alone-every Slave State but Delaware being California, Lane, of Oregon—in all, seven from fully represented, and casting its full vote for Free States; with Messrs. Kennedy and Pearce, this proposition. Total 35. of Maryland, Hunter and Mason, of Virginia, The Nays were-Messrs. Fessenden and Bragg and Clingman, of North Carolina, Chesnut Hamlin, of Maine, Clark and Hale, of New Hampand Hammond, of South Carolina, Iverson and shire, Sumner and Wilson, of Massachusetts, Toombs, of Georgia, C. C. Clay and Fitzpatrick, Simmons, of Rhode Island, Dixon and Foster, of Alabama, Brown and Davis, of Mississippi, of Connecticut, Collamer and Foot, of Vermont, Benjamin and Slidell, of Louisiana, Mallory and King, of New York, Ten Eyck, of New Jersey, Yulee, of Florida, Hemphill and Wigfall, of Pugh and Wade, of Ohio, Trumbull, of Illinois, Texas, Crittenden and Powell, of Kentucky, A. Brigham and Chan of Michigan, Doolittle, Johnson and Nicholson, of Tennessee, Green of Wisconsin, Grimes and Harlan, of Iowa—21. should be honestly and faithfully observed this, as follows:

out, by reason of sickness. The neg- Provided, That it is not hereby intendative vote on this grave proposition

ed to assert the duty of Congress to provide

a system of laws for the maintenance of was made up of the twenty Republi- Slavery." cans aforesaid, and Mr. Pugh. Nei

This was rejected—Yeas 12; Naye ther Mr. Crittenden, nor either of 31only Messrs. Clark, Clingman, the Maryland Senators, had the cou- Dixon, Foot, Foster, Hale, Hamlin, rage to oppose a proposition whereby Latham, Pugh, Ten Eyck, Trumbull

, Mr. Jefferson Davis and his confede- and Wilson, voting in the affirmarates were permitted to brand, by an tive. imposing vote of the Senate, not only

The original resolution was then the Republicans, but the Douglas adopted; as follows: Yeas 35; Nays or anti-Lecompton Democrats also— 2-Messrs. Hamlin and Trumbull: composing an immense majority of the Yeas being as upon the adoption the people of the Free States—in of the first resolve, with the subtraceffect, as unfaithful to their Constitu- tion of Messrs. Brown and Thomson, tional obligations, and making war on and the addition of Mr. Ten Eyck. the guaranteed rights of the South.

“6. Resolved, that the inhabitants of a Mr. Clingman, of North Carolina, Territory of the United States, when they proposed the following:

rightfully form a Constitution to be admit

ted as a State into the Union, may then, for " Resolved, That the existing condition of

the first time, like the people of a State the Territories of the United States does not when forming a new Constitution, decide for require the intervention of Congress for the themselves whether Slavery, as a domestic protection of property in slaves."

institution, shall be maintained or prohibTo this, Mr. Collamer, of Vermont, shall be admitted into the Union, with or

ited within their jurisdiction; and they moved to alter the amendment, so as without Slavery, as their constitution may to make it read:

prescribe at the time of their adinission.' Resolvel, That the existing condition of This was also adopted, as follows: the Territories of the United States does not, Yeas 33—same as on the first reand, in our opinion, never will, require," etc. This was rejected—Yeas 16 ; Nays Nays 12—Bingham, Chandler

, Dix

solve, less Brown, Mallory, and Pugh; 33. Then Mr. Clingman's amendment was adopted : Yeas 26 ; Nays on, Foot, Foster, Hale, Pugh, Sim

mons, Ten Eyck, Trumbull, Wade,

and Wilson. “5. Resolved, That, if experience should at any time prove that the Judicial and Ex- “7. Resolved, that the provision of the ecutive authority do not possess means to Constitution for the rendition of fugitives insure adequate protection to constitu- from service or labor, without the adoption tional rights in a Territory, and if the terri- of which the Union could not have been torial government should fail or refuse to formed, and the laws of 1793 and 1850, provide the necessary remedies for that pur- which were enacted to secure its execution, pose, it will be the duty of Congress to sup- and the main features of which, being simiply such deficiency."

lar, bear the impress of nearly seventy years Mr. Clingman proposed to amend of sanction by the highest judicial authority,

23.15

and maintained by all who enjoy the bene

15 YEAS—Messrs. Bigler, Bingham, Bragg, Nays-Messrs. Benjamin, Bright, Brown, Chandler, Clark, Clingman, Collamer, Crittenden, Chesnut, Clay, Davis, Fitzpatrick, Green, Ham.. Dixon, Doolittle, Foot, Grimes, Hale, Hamlin, mond, Hunter, Iverson, Lane, Mallory, Mason, Harlan, Johnson, of Tennessee, Kennedy, La Nicholson, Pearce, Powell, Rice, Saulsbury, Setham, Polk, Pugh, Simmons, Ten Eyck, Toombs, bastian, Slidell, Wigfall, and Yulee_23. [All Trumbull, Wade, and Wilson—26.

from Slave States but Bright, Lane, and Rice.]

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