The national era. [volume] (Washington [D.C.]) 1847-1860, 1850-02-28
THE NATIONAL ERA.
WASHINGTON, FEBRUARY %, 1850.
THE COMPROMISE

%. Resolved That as slavery does not exist
by law, and is not likely to be introduced into
any of the territory acquired by the United
States from the Republic Of Mexico, it is inexpe-
dient for Congress to provide by law either for
its introduction into or exclusion from any part OF
the said territory and that appropriate Territori-
al Governments ought TO be established by Con-
gress in all of the said territory, not assigned as
the boundaries Of the proposed State of Califor-
MIA, without the adoption of any restriction or
condition on the subject of slavery.-FIom Mr.
CiGy'S resolutions.
The article from the pen of Judge Jay, on the
outside of the Era, sufficiently exposes this reso-
luton. 1t does not assert that Slavery is prohib-
ted by law, and 1t entirely oyerlooks Truth sus-
tanned by History, that, as a general rule, the
law of Slavery, follows the fact, of its establish
ment But, we quoted the resolution for the pur-
pose of correcting very general misapprehen-
sion Writers and speakers comment upon the
alleged Compromise in this resolution, as II the
author intended that it should be embodied in
the from of legislative enactment. This is
great mistake. The concession to the Slavehold-
ers-that Territorial Governments be established
without the RESTRICT eiaase m relation &c s!l
very-he intends to make lfeaire BY iaw; but
the concession TO the free Statesthat 1t does not
exist by law in the Territories and is not likely to
be introduced there-he intends TO stand, as a
mere expression Of opinion by The S1late- His own
statement on this point is explicit.
"Now, | have said that this declaration of what
call these two truths is equivalent to the enact
ment Of the Wilmot Proviso. have heard this
. Al. IL. In limo
Proviso were adopted in Territorial Governments
established in these countries acquired from Mex
leo, Il rrould be poSrue enactment, prohibition, an
introduction as 10 the introduction Of SLAVERY wuhua
them. But with regard to those truths, | had
hoped, and still indulge to hope, that those who
represent the free States will be inclined not TO
insist that me shall giUe--and indeed It mould BE- er-
trenely difficult to give to these charlottesville
form of positive enactment. had hoped that they
would be satisfied with the simple oppression Of the
opinion of Congress, leaning upon the basis Of that
opinion, without asking for what seems to be al
most tmprscticable if not impossible-for any sub
Sequent eaactmsraS 10 be introduced into fae6tV 0r
ssksSA Is1x00zill lsaeesaeqtS SlQll BE- lst0lsk4d
can only say that that second resolution, even
without the declaration of these two truths, would
be more acceptable to me than with them"
The distinction he draws is substantial The
Wimot Proviso incorporated in a bill would be
"a positive enactment, prohibition, an introduction as
to the introduction of slavery" but the declara-
ton "that slavery does not exist in the Terrific
ries by law, and is not likely to be introduced
there" he would not have Incorporated in any
BILL but left to stand as "a mere expression Of
opinion" not amounting to "a positive enactment,
prohibition an introduction as to the introduc-
ton of Slaveryw
After such an explanation as this, given by
Mr. Clay himself, we should like to see the oppo-
nent of the extension Of slavery, that would vote
for the resolution.