Indiana State sentinel. [volume] (Indianapolis) 1841-1853, 1850-06-20
THE WELMOT PROYIsO.

THE WELMOT PROVISO.
The Wimot Proviso part Of the Dem
ocratic creed 1t never can be made part Of that
creed without division and utter destruction OF
the party 1t had its origin during Mr.. Folks AID
mnisiraton, in the train of few disappointed poll
ticians of the Van Buren, School, who finding they
could not rule, determined to ruin the party In the
first instance Its object to require the President
In any Treaty he should make with the Mexican Gov
ernment to insert provision inhibitng Slavery in
any territory acquired. If it had been adopted in
that FORM no territory, as an indemnity, could have
been obtained-ihe war would have tied in dis
grace aud California with her golden would
now be a department of Mexico. For the mover well
knew that no Treaty, containing such provisions
could be ratified by the Senate besides, it would have
been a contract with foreign Government, which for
all time come would have controlled and regulated
an institution in direct violation of State sovereignty
and State independence.
We do not propose to argue the Constitutional
power of Congress the subject. 1t is not neces
sary for present purpose. We design merely to
show that, if the object is TO exclude slavery, the
WiImot Proviso is wholly unnecessary if unneces-
sary why should it be adopted when its only pracii-
cal operation be TO exasperate section Of the
country against the other produce sectional divs-
ions, and eDdanger the perpeiuiiy of the Union.
Slavery in that country is already prohibited by at
least three controlling laws first, the law of climate,
soil and production,-a law as fixed and mmuiable as
the DEGREES of the Great Architect of Nature second,
by the laws and ordinances of the Mexican Govern
ment,-ordinances which remain in force in the
quered territory until altered repealed by Congress
or the Territorial legislature principle established
by the Code of Nations and universally adhered to
and third, by that principle of the common law which
prohibits the enslaving of human being. unless
sanctioned by positive legislation. We do not intend
to argue out any of these propositions. We will call
to the stand disinterested witnesses, and let them
speak for US. The Supreme Court of the United
States, in the case of Prigg the Commonwealth of
Pennsylvania l6th Peters Reports) fully susains this
view of the case.
OPINION OF THE SUPREME CoURT.-"The state of
slavery Is deemed to be municipal regulation,
founded upon and limited to the range of the Terrific
rial laws. This fully recognized in Somersets
Case, South Carolina Reports"
The next witness shall call upon the stand is
the Hon. John Mclean, of the Judges of the Su-
preme Court of the U. s. 1t will be recoIIecled that
an effort made by the Wing free soilers in 1913.
to nominate him their candidate for the Presidency
but seeing nothing but defeat before him. he declined
the honor. Judge Mclean is a gentleman of high
moral character. purity of purpose, and great legal
attachments. In a letter addressed to u member OF
the Buffalo Convention, dated July g. 1913, he uses
the following emphatic language:
JUDGE McLEAN's Demonstrating upon the
principles of the Constitution they have been judi
eiay settled the free states by moderation, vigilance
and frmness may prevent the extension of slavery in
TO the free territory lately annexed Without the
sanction of law, slavery exist in terri
tory, than can breathe without air. Slaves
not properly when they not made so by the mum.
cipal law. The Legislature of territory can exer
else power which is not conferred it by act Of
Congress"
No in this country, has been more eulogizet
by the free sellers and Abolitonists than COL Thomas
H. Benton. Hear what be says, in speech delivered
at Fayette. Missouri. September l, 1919:
COL BENToN's OPINION OF THE WnMoT PRovIso
Speaking Of the Resolutions adopted by the Mis-
souri, Legislature. he says:
The true objects of the resolutions are twofold-
against the Union, and against me. The Wilmo
Proviso Is pretext. ii would have been dead let
ter on the statute book If passed at the beginning
from the known fact of its utter inapplicability {
New Mexico and California. No slavery Their
for II TO operate on-none for II to exclude. Ii
dead then 1t is rotten now, when every breeze froT
the Pacific comes freghted with the voice of indg
nant determination against slavery. Ii is dead ther
why keep 1t up here why this rage bout nothing
Precisely for the purpose for which the agitation
contrived-precsey for the purpose for which the al
clifton falsehood was invented and the Wimot Pre-
viso howl Instituted. For home effect. For alarI
and agitation at home. To fire the people. To sti
them up"
We shall next introduce the testimony Of DAM,
Webster the great Constitutional lawyer-the idol
New England whiggery-the man who charged Dav
WiImot with stealing his thunder, who is notorot
for his opposition to slavery. and in favor Of free
ritory. As a constitutional Lawyer and as a State
man he has taken his stand, and he ''treads ST
backwards"
Mr.. WEBsTERs OPIMoN.-ssNow, as to Californ
and New Mexico, hold slavery to be excluded fro
those territories by a law superior to that whis
admits and sanctions it in Texas mean the law
nature--of physical geograPby--the law of the 70
nation Of the earth. That law settles forever, wi
strength beyond all terms of human enactment, tn
slavery cannot exist in California OF New Mexico
Again he says:
81 look upon il, therefore, as fixed fact to use
expre~sion current At this day, that both Californ
and New Mexico are destined to be free, 90 far
thew are settled at all, which believe, especially
regard to New Mexico, will be very little for gre
length Of time-free by the arrangement OF things
sh. Power above u.s. lave therefore to say. in ii
respect also, that this country Is fixed Tor freedom