The daily union. [volume] (Washington [D.C.]) 1845-1857, 1847-02-18
The Nyilmot Proviso.

r,,,,,t from tie speech of ME Hon RICHARD BRoD-
HEAD Of Pennsylvania upon The subject At The Mer-
Having said thus much in regard 10 the Mexican war,
and in support OF the policy OF the administration,
come Mr. Chairman, TO consider the amendment pro
uosed TO the bill under consideration by my honorable
rrolleague mfr WILMoT] The bill proposes TO appro-
ate three millions OF dollars, TO be placed in the hands
fthe Executive to be used by hun in concluding trea-
~ nj peace with Mexico; and my respected colleague,
cctng upon the belief that the President would use the
money 10 acquire territory, proposes to amend the same
v Inserting clause that the treaty shall contain pro-
vision against slavery IN any territory to De ACQUIRED 'efe
Ly Two questions present themselves at once
Il Has Congress the porer TO adopt the amendment IN
: il ihas i crpsdento do it at this time and in
viii be nullity il adopted. Every member, when he
enters tbs HALL sa ss That P Se whole e Of the
oath-and it is the one ! took. Therefore, when am
called upon do an act in my Legislature capacity LOOK
for the authority TO do it in the constitution; ior hat
great charter of Liberties enmnerotes the powers
granted 10 Congress Every intelligent person, ana es-
Pecaly every democrat, viii agree that we should not
undertake do anything for which warrant cannot pc
found in that sacred instrument; for if we do, there wili
be an end to State sovereignty and the Liberties OF the
people, Now, want gentlemen who are so vehement
in support of this amendment TO point TO the clause IN
the constitution which gives Congress power TO ieglste
in regard TO Territories not yet belonging to the United
States to 0duise the treaty max ing power Ihey
might much rather do that, than to declam IN the cant
which we all admit and deploe, The only clause which
can find in the constitution which gives power to Con-
gress upon subjects like the one under consideration
IS as follows 'The Congress shall have power to dis
pose Of and make all needfu rules and regulations re-
specng the territory other property BELONGING to he
United States Therefore, until the territory Is acquired
the jurisdiction of Congress does not attach The WORD
beongng" doubt inserted for the purpose OF pre-
venting Congress from usurpng the power granted 10 lhe
President and Senate to make treaties. The trainers OF
the constitution no doubt supposed when they inserted
tho ard shnlo nat her
Congress who would consider it their duty not only to
control the President but the Senate. If we have right
posed by the amendment, we would have right to aad
wise in regard TO all treaties Now, suppose we DO What
think the people and the constitution has not author
zed, and insert this amendment and treaty should De
made by the President and ratified by the Senate IN dis
regard OF it, would not such treaty be binding IN
loubedy; and, therefore II s clearly proved that II we
adopt it, twill be nnllity Y is fundamental pfn ,ho
government shall not be blended II is sald however,
that we should adopt for its moral effect, and that all
who vote against i will be set down as voting IN favor
OF slavery that all who vote against It, place themselves
in situation where they can be mlsrepresened. DIT,
when | fear to vote right, because my vote, may
seem wrong, and my motives mlsrepresented vii qu
my seat in this hall, for would be unworthy OF
a place in it: The course OF true policy IS me
course Of true duty and therefore will vote as think
right and run the risk of being misunderstood but 10
show the absurdty of adopting measures merely Tor
their effect suppose that my colleague should oer
resolution in favor of the Christian religion and in favor OF
republican form of government, would not every mem
Der declare them out of time, and out of place. as my
colleague [Mr, c. J, 1NGERsoLL] declared this slavery
amendmenD and feel bound to vote against them and
then gentlemen would get up and say, why you are OPP
government Do not these suggestions clearly show
The propriey OF acting within the prescribed limits OF the
constitution We are here not IN town meeting put IN
grave constitutional assembly with limited and pre-
scribed powers
But there is want of power another regard. II un-
deakes TO bind the future action OF Congress says,
fhnrno hnH hn
hereafter be acquired by, annexed, to the United
States Suppose we were to pass law, and say IN IT.,
that i should not be repealed would like to know
whether would not subject ourselves to the rIdcue
OF the world
Now, Mr.. Chairman, as to the expediency of this
measure What are the imperative reasons upon the
exercise doubtful powers and egsae in regard to ter
ntory the title of which we have not yet got and can
not get except by treaty There are none which have
any foundation in fact and many against it.
II we adopt the amendment virtually proclaim 10
the world that this for conquest and that we are
greedy for territory that we prescribe rules for us
governm ent before have acquired the title We sub
ect ourse yes 10 rdcule, by counting the spos before
The field is won.
If territory is acquired by treaty, it will of course be
free, and therefore if slaves taken into it, they Will
entitled to their freedom, upon the great principle that
ee territory makes free men, and free ships Tree goods
Slavery can only exist by positive law, and therefore,
State Territory he is free This is one Of the
great principles of the common law, recognised by the
courts of England as well the United States. My
whg friend and colleague MIR Pollock admitted the
correctness of this doctrine in his speech the other DAY
ie correctly said, Congress having no power 70 esap
ISL, and, at the same time, having efctus're ursdcuon
over the Territories it follows that slavery can have no
egal existence in Territory with or without the action
Of Congress The po,rer therefore, 10 prohtbn IS nmgo-
Qy or rather no necessity er,Ss j3r ITS erefcSe ms
admission, it seems 10 me- yields the main point IN the
controversy. If the territory will be free when II is an
Unexed and Congress has power TO make 1t slave,
where is the necessity for the adoption OF the amend
nent If it should become State, Congress would
no Jurisdiction over after it should be admitted in
he Union. Pennsylvania would have perfect right to
sabish slavery tomorrow she chose to do It, AT the
lose of the last of Congress the venerable gen.
leman from Massachusetts mr. ADAMsl expressed
no slaves in California Slavery has been abolished
here; and if to make peace and in that peace 10
Require California, there could be law OF slavery es
abIshed there unless made an article OF the trea
~ itself"
No has said, and no sens'c man supposes, that
ve will ever get more than New Mexico and California
md most of those provinces above 30 deg 30 min
he line of the Missouri compromIse-above Which 1t Is
southern representatives. have offered this session to
extend that line TO the Pacific and BESIDES slave
labor could not be prohtaby employed in either OF those
Epaces. Neither sugar, rce cotton, tobacco can be
Toftaby cultivated there The truth is, that climate
and soil have to do with the extension OF slavery
han anything else No person need fear that slaves vii
HE taken from the cotton and rice fields of the southern
Estates around Cape Horn or over land TO California
That country must be the home OF a maritime people
and the course of settlement must be from the seaboar,
TO the interior
The Amendment is out of time, and out OF place is
der, and has been frebrand in our midst. When WI
are engaged in foreign war, and we should present al
uhndylded front to the enemy, this question OF slavery
cal system thrust forward, 10 excite sectional Ieal
msier distract our councils and delay the adoption