Sentinel of the valley. [volume] (Woodstock, Va) 1841-1848, 1847-11-11
THE WILMOT PROVISO.

| of the Wllmut Proviso. We have much pleasure
| in laying before our country readers the follow
'ng pointed and conclusive remarks on that
subject, delivered in Congress during the
last session By Richard Brodhead, esq.,, an able
and patriotic representative from the Keystone
State. If the voice of Pennsylvania has now
spoken out with power and effect in her late
| triumphant election against The Proviso schl: IN
| in the democratic ranks, our thanks are due
! to those of her public men who, like MIR. Brod-
| head, were wiling to meet that issue fearless
ly and firmly in tt e hour Of trial and Of doubt.
We extract this passage OH the Proviso from
| Mr.. Brodhead's eloqueat and statesmanlike
! speech in support of the Mexican war. 1t has
! a! eady appt AIRED in our daily edition. Union.
The Wilmot Proriso.
| Having said thus much in regard TO the
Mexican war, and ia support of the policy of the
! administration come, Mr. Chairman, to con-
slider the amendment proposed to the bill IN
der consideration by my honorable colleague,
| (Mr. Wilmot.) The bill proposes to appropri
ale $4,000, 900 to be placed in the hands Of the
Executive, to be used by him in concluding a
treaty of peace with Mexico; ard my respect
| Ell colleague, acting upon the belief that the
President would use the money TO acquire ter
ritnry, proposes to amend the same by insert
| ing clause that the treaty shall contain a
provision against slavery in any territory to be
acquired thereby. Two questions present
| themselves at once:
| |. Has Congress the po,ccr to adopt the. a
mendment in any shape? and
g.. II it has, is it erpedient to do it at this
time, and in connexon with this bill!
( If we have not the power, it must be admit
ted that it will be nulity, if adopted. Every
member when he enters this hail, takes an oath
to support the constitution Of the United States.
! That is the whole Of the oath; and it is the one
Z | took. Therefore, when am called upon to
do an act in my Legislative capacity. look for
the authority to do it in the constitutions for
that great charter of cur liberties enumerates
the powers granted to- Congress. Every intel
lgent person, and especially every democrat,
will agree that we should not undertake to do
anything for which warrant cannot be found
in that sacred instrument; for if we do, there
will be an end to State sovereignty and the lib
critics Of the people. Now, | want gentlemen,
; who are so vehement in the support of This
amendment, to point to the clause in the con-
stitutjon which gives Congress power to legis-
late in regard to territories not yet belonging
to the United States, or to adrise the treaty
making power. They might much rather do
that, than to dec!aim in the cant phrases of the
abolitonists about the evils of slavery, which
we all admit and deplore. The only clause
which can find in the constitution which gives
power 10 Congress upon subjects like the one
under consideration, is as follows: 1.-The
Congress shall have power to dispose of and
make all needful rules and regulations respect
ing the territory or other property BELONGING
to the United Slates.'' Therefore, until the
territory is acquired, the jurisdiction Of Con-
gress does not attach. The word '.belonging,"
no doubt, was inserted for the purpose of pre-
venting Congress from usnrping the power
granted to the President and Senate to make
treaties. The fcamers of the constitution no
doubt supposed, when they inserted the word
belonging" that there would be members Of
Congress who would consider it their duty not
only to control the President, but the Senate.
II we have right to advise the President and
Senate in the manner proposed by the amend
ment. we would have right to advise in re-
gard to all treaties Now, suppose we do not
what think the people and the constitution
have not authorized. and insert this amend
ment. and treaty should le made by the Pres
ident ard ratified by the Senate in disregard
of it; would not such treaty be binding? I'm
doubtedly; and therefore it is clearly proved
that, if we adopt it, 1t will be nulty. 1t is
a fundamental principle that the powers of the
different departments of the government shall
not be blended. 1t is said, however, that we
should adopt it for its moral effect, and that all
vino vote against it will be Sc. down as voting
in favor Of slavery; that all who vote against it
place themselves in a situation where they can
be misrepresented. Sir, when fear to vote
right, because my vote may seem wrong, and
my motives misrepresented. | will quit my
seat in this hall; for | would be unworthy of
! place in it. The course of true policy is the
course oftrne duty, and therefore | will vote
as think right, and run the risk Of being mis-
( understood. But to show the absurdity of our
adopting measures merely for their moral effect,
suppose that my colleague should offer resolu
tons in favor of the Christian religion, and in
favor of q republican form Of government; VOID
not every member declare them Out of time
and out Of place, Gas my colleague, Mr.. c. J.
| Ingersol! declared this slavery amendment,)
and feel bound to vote against them? And
gentlemen would get up and say, "Why. you
are opposed to the Christian religion, and a re-
! publican form of government" DO not these
suggestions clearly show the proprety of &C
! ting within the prescribed limits Of the consti-
tuition? We are here not in town meeting bat
/ Ill grave Co''sIi'uto"di assembly, Win illnl-
ted and prescribed powers.
But there is a want Of power in another re-
gard. 1t undertakes to bind the future action
of Congress. 1t says, "there shall be no slave
~ in any territory which shall hereafter be ac
CURED by or annexed to the United States. So
Suppose we were TO pass law. and say in ii
that it should not be repealed; would like to
know whether We would not subject ourselves
/ to the rdcule of the world
Now, Mr.. Chairman, as to the expediency