Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1861-04-10

| rent to Republicans, and is only used by them in
reproach, and denunciation of those who main
| tain it. .-
After much evasion and delays plan of settle
ment was agreed upon. The first section in respect
to the public territories passed by one vote-there
being nine States for it and eight against it; those
voting for it were Tennessee, Delaware, Kentucky
Maryland and five of the free States; those voting
against it were North Carolina Virginia. and six of
the free States-the remaining States having divi-
vIoed delegations. did not yote The other sections
were passed in Ike manner, by small majorities.
Thus, you will see there was no unanimity in the
proposed plan of settlement such as it was It was
passed In the Conference by part of the free and
slave States; majority Of The free States being IN fact
opposed to Il. That is, q demand of Constitutional
guarantees is made of the free States majority of
those States, majority Of those States refuse to
concede them, but they pass in the Conference by
the vote Of the slave States; these States at the
| same time making demand and voting guarantees to
themselves. The proper effect of their vote was
merely to signify that they were content with the
guarantees proposed.
It clear therefore that the free States regard
ed as q section. refused any terms of adjustment a
large majority of those States being opposed to
what was done in the Conference
In the next place. the plan of adjustment prouos-
ed was unequal unjust and unworthy of your &C.
eeptance.
The first section in respect to the public Terrific
ries, clearly prohibs inuolultary seruude North of
Sc deg 80; and 'iR all the present Territory South
~ service of labor it now exists, shall not be
changed; nor shall any law be passed by Congress
me Territorial Legislature to hinder or prevent
the taking Of such persons from any State of this
Union to said Territory, nor to impair the rights
arising from said relationibut the same shall be
subject to judicial cognzance in the Federal Courts
according 20 the course of the common law" And
States to be admitted, with or without slavery as
their Constitution may provide.
This is the Franklin amendment and il came
from the Republican side. A great subject before
the Conference, as q measure of peace and hormo-
ny, was final settlement on terms equal and lust of
conflicting claims between the two sections in re-
spect to the public Territories present and future
This was to be effected by the divisional line. dedi
eating all the Territory North Of it, to the free
States and all to the South of slave States By thia
means crest and faithful subject of strife between
the two sections, was to be forever removed, and
each allowed ample room to expand with its peev-
liar institutions without prejudice from the other
The North, with its free labor in conflict with capi
tai the South with its slave labor in harmony with
capital
Now, by the Franklin amendment the South con-
cedes to the free States in clear and distinct terms
all the public Territory north of sc deg. 80 min
As to this there is question In respect to the
Territory South Of that line, the North makes no
such concession The terms employed. and no better
ocal.
Let US consider this matter in view of the con-
fctng doctrines of the two sections in respect to
property in slaves. The doctrine of the South con-
nrmed by the Supreme Court On several occasions,
is to the following effect
lst Property in slaves, as in other subjects has
its origin in law and usage, and to be held and |
used in accordance with the nature of the prop |
erty. :
ID Property in slayes existed in the several |
States from their earliest history, and was recog
Missed by the Constitution in forming the Federal
Union |
3D. Property in slaves is not Invested or confs- |
Gated by its removal to the public Territories or its
escape 70 another State but ID protected by the Con-
stitution like any other property.
4th Persons only of the African race are subject
to slavery and though mahumitted are incapable /
of becoming citizens of the United States.
Such was the doctrine of the fathers who founded /
our Federal Union.
On the contrary the anti slavery party now the |
dominant power in the Union, and in possession /
Of the Government, maintain the following doc
trine
things, property cannot exist in man. Therefore
the slave has the natural right to seek his liberty
and to use all the power he possesses to obtain it
to slay his master, or any who stands between
him and his liberty; and it is right and moral to aid
him in SO doing.
I'd. The peculiar institaion" not property in
slaves, az it exists in the Southern States is not
normal condition but founded in local law and usage
limited and confined TO those States; and though /
immoral and an evil in ITSELF yet the Federal Gov
eminent has no power, under the Constitution, to
abolish it. This object, greatly desired, can only
be effected by moral suasiOn agitation and disturb
ance.
Sd. "The normal condition of all the Territories
of the United States that of freedom "The
Constitution OF its own force, does not carry
slavery into the Territories ;" and the new dogma
to that effect lis dangerous political heresy.n
4th. Neither Congress or Territorial Legsla-
ture, any individuals, have authority to give le
gal existence to slavery in any Territory of the
United States.o
9Th. The doctrine that the Supreme Court has the
power to settle questions of constitutional law is
repudiated as inconsistent with the right of the
people to govern themselves.
Now, the logical conclusion from these doctrines
and principles of the Republican party, clearly is,
that slavery cannot tzist in the public TeTTitorieS-be
cause, in its nature, slavery is not property, but
peculiar institution, the creature of local law and
usage, which declare and protect it as property;
and In the Territories there is not there be
any such law; therefore negro slaves taken to any
Of the public territories become entitled to freedom
and this il their true status, matter of law and
fact.
Such is the radical conflict of doctrine between
the two sections in respect to slavery and the effect
Of its removal to the public territories.
To settle and adjust these conflicting claims was
the object of the Franklin amendment proposed by
the Republicans.
Now, as to this amendment, there Is no ,oord or
sentence in to the effect that slavery shall e1ist or be
recognized protected in the public territories South
IF 80 deg 30 min There is no positive provision in
t. but only negative provisions, of value, consd>
cred Ss tinal settlement.
Thus, "the sfatas of persons held to involuntary
service or labor, as noe eSiss, shall not be Chang
d." But the true status, held by the Republicans
that of freedom. The assumed relation of master
md slave, have no valid existence in the terri
ores, there being no law to sanction and protect it.
The parties stand in equal right and it is only pro-
rided that the stGtxs shall not be changed. =
No law shall DO passed "to prevent taking such
,ersons to said territory to impair the rights
IrisRg from said relation"
This provision is delusive. and settles nothing;
BECAUSE the doctrine Of the Republicans is that the
tate of the law, nou crisis mpaIrs the relation
master and slave in the Territories and sets the
egro free. There Is no provision that the relation
hall continue and be protected
Next "The same shall be subject to judicial :,
ogniEspce in the Federal courts, according TO the
curse Of the common law" That is, the relation 6
hall be subject to Judicial cognzsnce, according to
he rights Of the parties and if the present state
the law annuls the relation of slavery and sets
he negro free, of what value is judicial cogniz-
nce except to give remedy for duress of imprison
,ent according to the course of the common law"
he defect is that slavery is not recognized prop
rfv; if it were the common law would protect it,
aauc Cor Zee ;ole 4