Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1847-08-27
THE ENQUIRER:
RICH MOND, VA.
Wednesday Morning, August rs, is41.
Mr.. JEFFERSON AND THE WlLMoT
pROVfSO,

NH, AMI LIZ
PROvISO.
The Times of Monday says lfat Inomas
Jefferson acknowledged The right oil congress 10
prohibit slavery in our territories, by a mo''oh
made by him in 1854, prohibiting ii IN lne Nof'h-
west Territory after the year 1900. We have
seen ii slated in other quarters, that MT. JEFFERSON
was the author of The principle involved ID
The Wilmol Proviso, and his course win
REGARD 10 The ordinance Of 1857, which pro-
hibi,s slavery in The territory Northwest oil
The Ohio river, has been cited as authority
for the statement. We have not by us The
means OF ascerlaining wha, part that eminent
statesman took on The occasion referred to. he
was no, in America at The time The ordinance
passed, nor bad he been Tor several years. When
the attention OF Congress was frsI called 10 Inc
| Government OF the North West territory, Mr..
Jefferson was a member of that body, bul what
agency he had in the matter is al present un-
known 10 us. Nor is il material in discussing
the question OF slavery now al issue between the
North and South. The relations between the
State and Federal Governments were entirely
different under The Articles OF CoHiedeTation and
the Constitution Of lbe Uniled States. No argu-
ment can be drawn from The acts of The old Con-
gross 10 support The usurpalions of The present
establishment. We deny 10 Congress any power
over slavery in the States or territories. Nor are
we The less confident, in This denial, because the
name Of Mr.. Jefferson, with all The authority
that eminent name carries with il, is quoled
against MS. Considerations OF The last impor-
lance are involved in The questions al issue, and
we must lie permitted 10 think for ouTselves.-
We have weighed, and will continue 10 weigh,
every argument which is presented tending 10
define The powers OF Congress over the instilu-
tion OF slavery. But no name, however high,
shall make US disregard the dictates OF our own
reason. If MIR. Jefferson contended that Con-
gress has The right 10 prohibit slavery in The ter
riloTies Of the United States, WI are forced TO dit
fer with him. And We ask The editors Of The
Times, if they mean 10 say we are wrong in SO
doing2 Do they mean 10 take The position of the
Richmond Wing, and assert that Congress has al
its disposal The whole question OF The admission
of new States, and may prescribe The terms on
which they shall become constituent, paris OF the
Union in that capacity If SO, they can make
The most Of Mr.. JefTerson's motion in the old
Congress, and be guided by an authority on this
subject which they have not heretofore respect
ed. For ourselves, we cannot see any analogy
between The question now presented 10 the people
Of the States of this Union and the one which
arose in the old Congress in 1884, and was final
" disposed Of in 1857.
The old confederacy was entered into, mol by
the people Of The States which were parties there
10, but by The several Legislatures. The old
Congress was the creation of The State Legisla-
lures, binding The people through the authority oil
the Stale Governments. No Territory was a
party TO This compact, as such; and, under The
old Constitution, no question arose as TO the
powers Of Congress over territory, or the admis'
sion OF new States formed lherefrom. There
was nothing TO give rise TO any controversy
on those subjects, until the State of Virginia, by
an act passed 20lh December, 1853, authorized
her delegates in Congress ITO convey, transfer,
assign, and make over unto the United States, in
Congress assembled, for the benefit OF the said
States, all right, title and claim, as well OF soil as
jurisdiction, which this Commonwealth hath to
the territory or tract OF country within The Limits
OF the Virginia charter, situate, lying, and being
to the Northwest Of The river Ohio" These are
the words of the &C. ofcession; and it will be seen
that they gave 10 Congress the same power over
The territory that Virginia had over her own,
limited only by The declared purpose of The grant.
True, there were conditions in the act. The
most important Of them provides, thai The territory
coded "shall be laid out and formed into States"
and that ",he States so formed shall be distinct
Republican States, and admitted members of The
Federal Union, having The same rights OF sove-
reignty, freedom and independence, as the other
States" Thu, ii mightb be commended, the old Con.
gress having the same right and jurisdiction over
the territory as The State of Virginia had, might,
before States were formed, prohibit slavery. This
is as far as Mr. eferson's authority can be made
10 go. Whatever power he claimed for Congress,
he claimed under the deed from Virginia, and
not under the articles of Confederation. He was
interpreting a deed, and not constituting a Con-
s%lilution.
The act Of cession itself, as above quoted,
made The division into States obligatory on Con.
gress, and their admission into the Confederacy,
Stree, sovereign, and independent bodies, a coz
dition Of The deed Of gift. This gave them a
RICH, 10 come into the Union free from any prohi.
billions which might have been imposed on them
while in their territorial condition. When in
1857, Congress finally acted on The suhjec, Of the
North West territory, a compact was entered into
with the people thereof, which was ratified by
Virginia, in which we find these words: "And
whenever any of The said States shall have sixty
thousand free inhabitants therein, such Stale
shall be admitted by its Delegates into The Con.
gress OF The United States, on an equal footing
with The original States, in all respects wha,so.
ever, and shall be al liberty 10 form a permanent
Constitution and Stale Government, provided the
Constitution and Government shall be republic
can, and in conformity 10 the principle contained
in these articles" We make these extracts more
for The purpose of satisfying public curiosity,
than with airy view 10 found an argument on
them. But they will serve TO show that even the
old Congress, though it had all The authority OF
The Stale oil Virginia vested in it by The act Of
c%ession, did not claim any authority over The ad
mission of new States into The Union, excep, thai
they should have a population OF sixty thousand
free Inhabitants, and adopt a republican Conslilu-
ton and Government. TO make these conditions
she appealed 10 Virginia for authority, as will
appear from the preamble oil The act OF the Both
December, 1888. Congress did not pretend 10
have any authority but what Virginia had given,
and where tina, was found inadequate The Com.
monweallh was asked 10 grant more 10 The United
States in Congress assembled. All this is now
changed. The old Articles of Confederation are
no longer law. The Constitution OF The United
States, strictly construed, is, we contend, the only
source from which The Federal Government can
derive power. Under lha, instrument, the slave
holding States are par, owners of the public do