Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1861-02-23
oOrresp. lasnce Of the Cincinnati Commercial.
LETTER. FROM WASHINGTON.
The Peace ss Inference Prcpositions-Their
Principle q nd Probable Success-An Em-
portantgls ytion TO come before the Su.
krcme q nFt from Kansas.


PrtnciPN q nd Probable Success-An Em-
portantxB tion TO come before the SUE
krcme q nFt from Kansas.
RJE WASHINGTON Feb. IL.
The adop 9, by the Washington Peace Confer
ence Commits Of a proposition for adjustment,
based upor iN Guthrie's plan, induces many to
look with II hope TO an agreement on the part of
the Confere ~ itself. But there many difficult
ties in the ER1 In the first place, the select COM
mittee of o. 9m each State were far from being
harmonious was evinced by their having spent
over weel agreeing by trifing majority, to
report the Ell 10 proposition modified. In the
second plae f$SSs members of that committee were
for the mos ftsxt more conservative men. their
opinions, tn lie majority of their respective dele
cations, and GreTore, disposed to yield more of
their precoI ped views fer the sake of harmony
especially VI ]. that harmony was desired merely
to enable TIL to submit report and not for final
action
Besides, "a plan as reported is certain to be
thoroughly ~ erhaued in debate for the delegates
from the Re Elican States, will be unlikely to fa>
vor schem (which yields so much that is vital of
the slavery Hiohibition principle. 1t is true, the
scheme was kpaended in committee so as to strike
out the clausS tcopied from the Crittenden amend
ment) requiri protection Of slavery by all depart
ments or the Territorial government south of the
line of Sc deg so min. In place of this the Terri
torial government is simply prohibited from excud
ing slavery ornterfering with it to impair the rea-
ton when introduced. But the provision for the
security of sla~ery goes further than that and by
making the slave tenure subject to judicial cogni-
zance in the Federal courts, according to the COM
mon law if timpliedly surrenders the whole doc
trine of proht biton of slavery by the people of
territory intG the hands of the Supreme Court.
That is it doe this provided it is conceded that the
decisions Of th Supreme Court govern those of the
Federal Courts subordinate to it.
1t is true, a:ere is a loop-hole for freedom even
here under tie peculiar phraseology of the resolu-
tions since il akes the slave tenure subject to u
dcial cognzace in the territories according to the
common lao.
1t is caimlS by all Southern members who take
it upon themselves to defend this clause that this
means the ce!etaon law of the States whence the
slave was b., Sght and this Interpretation act
ualy embodtG In the resolution at first, in explicit.
language Fat it was stricken out in Difference to
the preiudc
of Northern members of the Com
mittee. No'k Sthe common lava term used very
vaguely to SIXTY the body of customs and legal de-
csions whlcha-e considered as established in any
country-is Sttiar pro-savery or anti-slavery, &C
cordng to hE2ecality where the arises the
opinions of t. Judge who takes cogniZance of it.
Formerly it tassed to be the fashion of Southern
Judges in reg ering their decisions on questions of
personal freea9m, to declare that slavery was op
posed both togale law of nature and the common
law. Such DECISIONS abound upon the pages of the
Supreme Coufy Reports Of slavehoding States, and
are found up:E0 a period within twenty years of
the present tile. Now, however, it is probable that
it would rcGIire more independence and indifer-
ence to puoGsopEion than il would be easy to find,
| for Soatlee4 Judge to take such ground, even
his o, uons clearly the side of its correct
ness. .E.f
But Territorial Judges are appointed by the
| President sUnder the present Administration, of
of course, ,jhey bitterly proslavery, as there
| are Abundant evidences IN existing Territories.
| Under the Becoming Administration, they would be
Republicans; but it will be some time before there
will by ans Territorial Judges to appoint, in any
Territory {outh of &c deg. 80 min, where alonO
slave case. are likely to arise. The Territorial
| Judges Of Federal appointment, hold their offices
during gosl behavior. and Jefferson said of the
| long-liYed srbe of offcehOlders- flew die, and
none resigIl"
| 1t is ver.f commonly supposed that the Supreme
Court of the United States has defntively decided
the questict. of the power of Territorial Legisa-
ture to pr. jilibit slavery. This is an error The
bred ScotS decision did not go that length; it was
made appatei, during the recent debate IN the Sen
ate on the 6lnission of Kansas, that case arising
in that Terr tory and involving this very principle
as to the pcwtt of Legislature to ohibit slavery,
| would be brought before the Supreme Court at a
very early lag proUided the admission of Kansas as
State did Sc, cut off the course of jurisdiction.
/ There is - Ioubt what the decision of Repub-
lican Judge .lld be as to the slave tenure in a
| Territory, Ybe.e no law existed en- the subject
still less do"ss is there to lis decision in Ter
ritory, whe s.he Legislature has prohibited slave
| ry. But JlS3:e Petit of Kansas, having had the
| meanness to Sscide against the freedom Of man,
claiming it kder the solemn act Of the Legislature
| and people B Kansas, prohibiting slavery, both
by Statute Nd in their Constitution, the case is to
be carried n by appeal, to the Supreme Court That
body will hSzsc another opportunity to earn an uu-
envisble os rtality, BY placing itself st the head
of the last est struggle to crush out in the Amer
lean RspubIsI the principles Of human freedom.