The Ottawa free trader. [volume] (Ottawa, Ill.) 1843-1916, 1848-01-28
The Wilmot rroNiss,

We are among those who, ever since the
question of the Wilmot Proviso has been
sprung upon the country, have deprecated il
as an element Of discord and evil, the agi,a-
ton of which should, if possible, be avoided,
We are free 10 own, that the principle is one
Which culsts al! our sympathicS, and could
the question he properly presented 10 the
country, Of freedom or slavery in whatever
territory may he acquired by peace with
Mexico, we could not hesitate moment
which side 10 choose. Bat the question cam
not DC thus presented. j, lis not one of ca
pediency, upon which decision at the rolls
/ would be final. lfthe Shareholders If the
south have right, under the constitution 10
70 into any territory that may be acquired
by the United States. with their slaves, 10
law Of Congress, il matters not by how great
a majority it may be passed, can deprive
them of that right. And if, on the contrary,
they have no such right, no law Of Congress
can give it them. The question is thus
/ purely n constitutional one, which, until the
constitution shall be altered, no tribunal but
the supreme court can take cognizance of.
This view Of the subject is entertained by
the cleares, heads and best jurists of the
country, Of both parties. 1t IL the view ia.
ken by Mr.. Buchanan, by Mr.. Dallas, by
Mr.. Cass, and by Judge Mclean, and we
! have seen no attempt TO meet their argI-
ments.
I While, however, the hes, men Of the coun.
try thus agree as TO the improperly Of dis
cussing this question in Congress or on the
stump, they differ widely as TO what is the
real meaning of the constitution as applied
20 the subject. That our readers may un-
derstand the true merits of the case, we give
below an extract from the late letter of Gen
Cass on this question, and, appended TO it.,
the opinion Of Judge Mclean Of Ohio. 1t
will be seen that both agree as to the absence
of all power in Congress either to establish
or prohibit slavery in new territory, but
Judge Mclean goes step farther and con.
tends that, while such territory is under the
jurisdiction of Congress, slavery canno, con-
additionally exist in it. In short, that the
constitution Of the United States no where
recognizes the existence Of slavery, except
as the local institution Of an independent,
state, and that all territory under its imme.
diate jurisdiction, must necessarily be free
His arguments are, to our mind, unan.
swcrable. We commend them ~ the con.
sderation Of our readers.
We begin with the letter Of Gen. Cass:
The theory Of our government pre-snn.
poses, that its various members have reserv-
ed to themselves the regulation, Of all sub
jects relating to what may be termed their
internal policy. They are sovereign with
in their boundaries, except in those cases.
where they have surrendered to the general
government portion Of their rights, in Or
der to give effect 10 the objects Of the Union,
whether these concern foreign nations or the
several States themselves. Local institu.
tons, II may SO speak, whether they have
reference to slavery. or to any other rela.
tons, domestic or public, are left to local au.
thority, either original or derivative. Con-
,laysrv in Nsw Vorl y, ,h", , ,t'e,e snai pe
mn si,ysrv i, C.orn;.. y, la t,.,e s','i' oe
or bnman,ose bm, tho moo,,a ne" os,,, a,, o'n'
resnac,;vslv .b;C .an phIop. VI .'e n'a'eS'
ex;s,inr ,b.,e;n. onS ,ha" - "e N 10 non,
viii w. vii h,ra .,.m. "a" ,.' 'hey
and wo will oho,;sh !, IN ,,,S ,.n. .n' 'o'n'e''
Tn cartons rssno.,s d. T.".;.I. ,,r
from ths States Son" ~ ,ho;. rs, u'Ier
incbo,,c. and ,bcv do NOV no..os. ,Ea .S are
liar a,,r;bn,cs Of sovsr u '' ,"e p.eu.
10 tho general oovcrnmen, !. ,"rr ;."nD"
fec,Iy defined nv Tho rons,;,,,;oH;. m' na !,
will 10 found unon ex,,n;na,;om ,h,, "' ~ :.
instrument ,be onlv go, 80 ,o,, .na' III '.'a'
inc them. !. convcysd in ,bap rhr,s .'" In
cres, shall have the mower ~ d;snos, Su on,
make all ncedful rn,es md ronn,p,;"n. VI a''''
Meeting fine TERRITORY and o,hsr rronnr,,. ' IS
longing TO the limited Sta,os y r.; ~
this phraseoloov is very loose If !, ,a,ai'
signed TO include in tho gran, Tho who'll ~ Wv
er Of legislation over nersons as IN nv"
things. The cy,rcssio,, ,bo ..,orr;,o,, We. "I
other proocr,v - fairly cons,r,sd roI,;o a' ="
the public lands nc sycb 70 ,rsor,ls La" 1osn ~
wards forts. Sins and ali Tho ,ario',' h;.,
or n,ono,, ,,L;a IL MINUS