The daily union. [volume] (Washington [D.C.]) 1845-1857, 1848-07-27
For the Union.
The wilnsot Prov iso.

tayor TO Ind place IN your columns tey may not be
without effect Perhaps, considering the quarter from
which they come, they might be read by many who have
heretofore overlooked the subject To me II seems OF no
little importance call the attention OF the people the
subject, and TO nculcate correct views
The first inquiry which meets is, as 10 the motives
which this measure TO be pressed with much
earnesness and determination Ii is said that slavery
is great moral and political evil And this do not
feel called upon deny But the compact of States
formed for the purpose of regulating questions OF morals
or even abrogatng the evil OF slavery? Such was no
part OF It's purpose. But II is conended that to oppose
slavery is right independent OF the constitution an
swer that there is such thing the spirit OF law: and
may say, moreover that the spirit 10 prevail null
Implicitly OF cases to which the letter does not reach
is established rule in the exposition of law, that the
nenhono the law glver is to be deduced from view
| OF the whole. The real intention, when accurately as
certaned, will always prevail the literal sense OF
terms When the expression is special PARTICULAR but
the reason rs general the expression should be deemed
general The reason and intention of the law giver will
control the strict letter OF the law when the latter would
lead to papable injustice, contradiction, and absurdy
Laws that remedial and not penal 10 receive an
equitable Interpretation, by which their letter IS some
times enlarged, so as more efectuay to meet the bene-
hey are ru snd aus not against he
strict letter. yet beyond it." Such the well-settled
rules of construction applicable to legal instruments
But do the advocates of the provso apply these al I'M
porlan principles of equity in determining the rights OF
the SOUTH when they seek to conne slavery to IT'S an
clent limits AT the formation of the constitution, sa-
very existed In many OF the States that instrument
guaranteed its existence: it known that slavery
would grow with the growth and strengthen with the
strength Of many of them And can any reasonable mind
bring itself TO the conclusion that in the contem
alon of the convention, that when the country should
expand in every direction, into the and new
States be formed through fifteen degrees of latitude,
slavery should be confined to lis old domlnions like dis
eased herds to great pen, that 1t might take the
rot and de- Does any one persuade himself that
the south believed that such the true rule OF
construction, that such would be the policy to be
forced upon them, contrary the manifest intention
of the parties' The constitution provides for the adj
mission of States; and the south could not have
foreseen that the north would refuse to carry out with
her the policy may say the slpuatlons-oi the con-
sttuton. And here, again. applies another plain pnncl-
pie of Interpretation; and it is that one party ~ bound to
fulfil agreement in the sense IN which he believed the
other understood 1t at the time was made Apply thIs
believes that the warfare waged under the povlso is just
to the south.
But il is asked, has not slavery had expansion enough
in all reason in the new slavehoding States that have
already been added to the Union' answer, this is not
question of petition and favor, but of equality and war
rany of title Have the free States had expansion enough
be asked what security would devise, that slavery shall
not overrun all new territory and assume to lseli the
balance Of power in the government, | answer, the
Missouri Compromisethe power of Congress over the
subject in the admission of new States, which may be
rghuly exercised in the spirit OF the constitution under
the influence of precedent and the limitations of latitude
and climate If should be replied that the whole power
here yielded, answer that power thing, and its
rghul exercise another man may have the power to
the most fragrant breach of his with me; but has
he the right? That is the question In many cases OF
political nature the right may be perfect and yet the en-
oyment lost, because there superior power to en-
force In such cases, OF justice and right con
science do not prevail wobetde the weaker party he
has security under the compact and mast take care
| of himself.
# has not escaped me, that there those who broad
y claim for Congress the exercise OF the power involved
in the provso, under the Sd section OF the 4h article OF
the constitutions Congress shall have power to dispose
of and make all needu rules and regulations respecting
the territory other property belonging to the United
States" This clause. Enthusiastically, contains mere
! r,la ,f no
admission of States into the Union; his clause
was intended to exclude the power of such States, when
the limits of those States And facts have shown the
wisdom OF this express powers Tor there are not wanting
instances in which new States have claimed that the title
to the public domain was in nen This clause gives the
power sell the public lands and to exercise jurisdiction
within forts and arscnals and all public property
But the ingenuity of man show that it was designed
to enable Congress declare what institutions should be
set up or pulled down? what kind OF property shoudbe
admitted or excluded from the territories OF the nation?
Could under this clauses mat no coegeor
manufacturing company could be established III lts terri
tory? Although the purposes for which the constitution
was formed plain enough, they seem not to be re-
garded with proper dstnctness by muhtudes by that
instrument comparatively few subjects of legislation are
committed TO the general government and slavery is not
one of them. know that repeat but an Old truth when
say this but may be that 1t will be seen by mere relt.
Grafton. What right have we to invade the policy OF
other nations' There time when we had an ALL
with France but did that give us the right to attack
her monachca institutions, or even to tear down her
base and guillotine! Suppose we were now In all,
ance with England for certain purposes OF commerce and
defence Would that relation lmpar to us the right to
attack her abominable East India policy, or her manu-
featuring system which to millions OF oppression
But as it regards slavery the southern States are as much
independent nations as France and England To this
know it will be replied by the proviso men, We do not
seek to modest slavery in the States where it exists But
ask do you not modest it most seriously when you re-
fuse it such expansion you seek Tor yourselves lou
might with as much propriey say that you do not modest
me when you stand at my door with armed mob, de.
caring that though | may do as | please within, 1t will
be at nv peril that go abroad, though all around is com
mon property Would you think me ungaetul If | felt
indignant instead OF returning my huihole aiks lo' e
| privilege?
# is said by the provso men, that the subject presents
different state of things from any that has heretofore
been presented that, in the admission OF other States
they were taken they were found with slavery already
existing but that the opposition seek to establish slavery
where il does not now exist In the first place the state
men is broadly denied Those opposed to the provso do
not seek in that opposition establish slavery anywhere
| They oppose odous and unjust restrictions. They act
merely in defence and all that they ask is that things may
| remain as they are. If the consequence should uh-
matey be the extension of slavery portion OF the
territory to be acquired lett be Upon what principle IS
slavery TO be shut out of such territory The answer OF
the proviso is, because it is immoral and odous; But
was not equally so in the admission OF Florida and
Texas! Oh, but it is said slavery was already there
But were you therefore, forced to receive them Have
YOU less power to admit to your dwelling ana your iam
" the epe who knocks at your door, than you nave 10
warn the leper at distance not to approach is there
less inducement avoid evil at hand than EVIL altar oil
evil real than evil imaginary The truth IS, there is no
Inference in principle in the Viewed as matter
of power and of right, they the same Many OF the
advocates of the provso voted for the admission OF the
States named and they seek now to give the appearance