Daily Richmond times. [volume] (Richmond, Va.) 1849-1850, 1850-07-03

Utopian to attempt it; but have seen too mucl
difference between the enterprise, the industry ant
the prosperity of the free and the slave States tc
doubt the advantage we should derive from it if il
could be accomplished.
The discordant materials of which these two
parties, North and South, are composed, have lee
to an agitation of the subject of slavery which has
grown and increased year by year, until, at last, al
have, in a greater or less degree. been led to par.
hclpate in the dissensons it has created. The
interests of the country have been greatly inter-
rupted-the business of the government has been
retarded and neglected Union, itself, has been
threatened with dissolution, and many wise men
believed 1t was in danger | think much useless
and unWlse extravaganza has been INDUCED in on
both sides-that both parties have run into ex-
tremes and that the time has arrived for the peo-
pie to act and to act wisely for each party to cor
rect the errors they have too hastily fallen into
and by restoring order 10 the distracted councils of
the nation give peace and quiet to the country
For one am prepared to discharge my duty, and
my whole duty, let the consequences be to me,
personally, what they may, and, accordingly, will
now proceed to give you my views upon this great
bone of contention, the g Wilmot Proviso'' as it
has been more recently called, Ito make it some
thing more of raw head and bloody bones,) but
which was known as one of the main features of
! the ordinance of 1887 FROM that date Gown 10
about the year 1913, when member of Congress
from Pennsylvania, named WiImot, proposed to
apply that portion of the ordinance to any terrific
ry that might be acquired from Mexico, and thus it
assumed the name of the "Wilmot Proviso"
have given to this subject the most deliberate
attention, and with the most anxious desire to
bring my mind to the conclusion, if l could, that
Congress had no constitutional power to adopt if.
It was natural should feel this desire, because it
was, perhaps, to my interest as public man to
think not only with you, but with nearly the whole
Southern country; but at the same time was in
search after truth, was determined to arrive at it
if | could; and must say that the more exam
ined, the more was convinced that the power did
exist, until, finally, every shadow of doubt has
been removed from my mind | do not go into
| this argument now so much to establish the con.
sttutonality of the Wilmot Proviso, in which
| feel no interest, as to vindcate my own position
often heretofore taken, and which has been unjust
ly, and sometimes, harshly assailed, and which
never before availed myself of an occasion to de
fend; but if [ can show that the power does exist
it may serve to reconcile some of those who now
oppose the Compromise, to its adoption. Let us
look first to the action of the Legislative, Execu-
tive and Judicial departments OF this government
from its earliest organization down to the year
1S47, running through period of fiftyeght years,
and we will find an unbroken and irresistible chain
of authority that it is useless and idle now to s.
pute; it carries with it too much weight for any
or all of Us to resist.
First, what has been the action of the Legisa
tive and Executive Departments of the govern
ment?
In 1887, the Constitution was adopted in Con
vention; in the same year, the ordinance for tl
government of the territory North West of th,
Ohio river, was adopted by the Congress of tht
Confederation, which embraces the following ar
tice:
There shall be neither slavery nor involuntary ser
vfnae IN he sad territory Otherwise than il The pa]
ishrnent Of crimes whereof q, sdSi; Sik have tee
duly cohviced provided always that aay person escap
ing into the same, from whom labor or service is law
fully claimed in any of the original States, such u
gitive may be lawfully reclaimed and conveyed TO tn
person claiming his or her labor service as afore
said.'
Out of that territory, North West Of the Obi
river, the States of Ohio, Indiana, Illinois, Mich
gan, Wisconsin and Iowa have since been formed
and this 9th article of the ordinance or "Wilmo
Proviso,' as it is now called, has been attached
each in their territorial governments.
On the 7th of August 1889, an act was passet
by Congress, which was of course signed b.
Gen. Washington, to which the following pream
BILE was affixed
Whereas in order that the ordinance Of the Unite
States in Congress assembled for the government OF tn
territory North West of the river Ohio, may continu
TO nave 1ul effect, IL Is requisite tnat certain provision
should be made to adapt the same to the presen
Constitution of the United States be it enacted, &c.
If nothing had transpred from that day to this
on the subject, that recognition (by the first Con
gress that sat under the Constitution, composed
in large part of members of the Convention tina
framed the constitution of the power OF Congress
to legslate on the subject of slavery in the terri
tories, would with me carry a weight of authority
that shall long hesitate TO dispute; but as we
progress, we will see that much more has been
done both as to the recognition and exercise OF
this power.
On the 18th April, 1898, the act providing for the
Mississippi territory was passed, and in that ac
Congress prohibited the importation of slaves into
the territory from beyond the limits of the United
States; thus showing the power of Congress ove
the subject of slavery in the territories, which i
could not exercise over the States for the rgh
ofmporting slaves was expressly secured to the
States until the yea4 1903, by the following provi
sion of the Constitution:
"The migration or importation of such persons
any OF the States existing shall think proper to
admit shall not be prohibited by the Congress PRIOR to
the year one thousand eight hundred and eight but
tax or duty may be imposed such importation, not
exceeding ten dollars for each person."
But let us proceed. In 1904, an act was passed,
which was entitled can act erecting Louisiana
into two territories, and providing for the tempo
rarv government thereof, the 10th section OF
which provides, first, that at shall not be lawful
for any person or persons to import or bring into
said territory, from any port or place without the
limits of the United States, or cause or procure
to be so imported or brought, or knowingly to aid
or assist in so importing or bringing any slave or
slaves"
Secondly, it prohibits the introduction of slaves
from a0thn the limits of the United States, impor
ted since the first of May, 1888; and lastly, it de-
| clares-
No slave or slaves shall directly indirectly be IN
troduced into said territory, except by citizen OF the
United States removing into said territory Tor qctudt
settlement and being the time OF said removal bona
de owner of such slave slaves; and every slave or
slaves brought said territory contrary to the provi-
sons of this act be hereupon entitled to and receive
| his or her freedom"
This act received the appreciation and signature
of Mr.. Jefferson; and by it, the power of Con-
gress over the whole subject of slavery in the ter
rtores is clearly, indisputably and rresstibly re-
cognized; for if Congress had the power to declare
ali slaves free that mph be carried there, except