Boon's Lick times. [volume] (Fayette, Mo.) 1840-1848, 1848-08-12
THE WILMOT pROvISo.

subject of great interest 10 the coun-
try at the present time, and, as IN some
sections it is not thoroughly understood, u
may not be improper to describe II ana
give a sketch of its history. ...-.
In June, 1916, while bill, placing Sd
100000 at the disposal of the President, to
be used in negotiating treaty OF peace
with Mexico and in The acquisition OF ter
rilorv, was under consideration in the
House of Representatives, MIR. Wilmot,
Locofoco member from Pennsylvania,
moved to amend il by adding Proviso to
the effect that there should be neither slave
nv nor involuntary servitude, except in
furnishing crime, In any territory that
might be acquired by such treaty. This
proviso was attached 10 the bill, and It
passed the House by large majority, but
was lost in the Senate, where it came up
for consideration just half an hour before
the adjournment of the session, no vote
being then taken on it. TO the great north
cation and disappointment of Gen. Cass,
who declared himself extremely anxious TO
vote for it. The three million bill was
again introduced in the House Of Repre-
sentatives the next session, the proviso was
again attached to it, and again passed that
House. In the Senate, the proviso was
stricken out, and, on its return TO the House
the bill was passed there without the pro!
viso.
During the discussions on the three
million bill, the power of Congress TO ex-
clude slavery from territory that might be
acquired by treaty or by conquest, was
extensively debated. Ten States through
their Legislatures instructed their Senators
requested their representatives TO sustain the
Wilmo; proviso by their influence and
their votes. These steps were all taken in
advance of any acquisition of foreign ter
ritory, and merely in contemplation of such
acquisition. By the treaty of peace with
Mexico, we have acquired an immense ter
ritory, and the question as to the power of
Congress TO legislae for such territory has
become a practical and most important
question. The advocates of the Wilmot
proviso contend that, as these Mexican ter
ritories come into our Union free terrific
ries, it is both the right and duty of Con-
gress to forbid the introductio Of slavery
into them. They appeal to the entire past
history of the legislation Of Congress with
reference 10 territories to show that Cons
gress has frequently exercised the power in
question. For Instance, the Congress Of
1889 ratified the ordinance establishing the
!, Northwestern territory, which contained
the proviso offered by Mr.. Jefferson exclu-
ding slavery. Again, in the instance Of
the Missouri compromise and in the reso-
lutions annexing Texas, slavery was forbid
den north of a certain line. The proviso-
lists contend that as in all these instances
Congress forbids the existence of slavery
in territories in which up to that time
slavery was legal, it certainly has the right
10 exclude the institution in territories jill
which up 10 that time slavery was legal, u.
certainly has the right to exclude the nsti-
tuition in territories in which it has no cx.
stence.
A large number Of very distinguished
jursts and citizens contend that the doc
trine which we have sustained in this pa
per is the true constitutional doctrine, viz:
that as slavery is local institution it can
not exist in any territory independent of
laws ordained for its existence, that as the
/ territory acquired from Mexico comes into
the Union free territory, slavery cannot be
, introduced into il without a special law TO
that effect and tina, as Congress has no
right to legislale on the subject of slavery,
the question of its existence in these terri
tories mus, be left to the people when they
come to form State governments for lhem-
, selves.
Mr.. Van Buren's letter on the subject of
the power of Congress to forbid slavery
in territories where it does not exist, admits
fully, what no sound man denies, namely,
!, that Congress has no right to legisate with
reference TO slavery in the States, and con-
tends only that it is both right and proper
! in Congress TO declare that slavery shall
+ not be introduced into territories now free.
;. This is what the Wilmot Provisois,s con-
v tend for, and we are not aware that any of
| them assert anything beyond it.
THEY TESTIFY AGAINST