The daily union., 1854-02-16

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Congress 10 compacs and compromises tending
TO compel restrain The action OF future Congresses
they then proceed declare by their last resolution.
"tbat if the constitution framed upon the plans Of
compromise feeling and opinions then existing, it by
no follows that The system Of compromise should
be perpetual to all the end Of time" This "uthful
preston from the centre Of New York. the predom
nan opinion OF that State" may not al present be con-
yenen principle; but il is nevertheless of record and
records are OF times awkward things Is it not, them
clear. that il the Compromise OF 1920 really be compact
compromise il is ever-durng but may be altered
by circumstances which time only may develop, and
which may require pressngy new accommoda-
lions
| When the Compromise OF 1850 was submitted by MIR
Clay an amcable arrangement of all existing ques-
lions growing of the subject OF slavery these resolu
lions intended of settling every prece
dent OF irritation from the language of the pre-
amble, which, the lawyers tell us, is the key TO what
follows; and two resolutions which recognise the esab
lishment Of appropriate territorial governments OF the
territory acquired from Mexico without the adoption Of
any restriction on the subject OF slavery, assigning the
that slavery did not exist by law in any OF the
territories acquired by the United Sstes shows that
the liberal policy should be applied 10 Nebraska
in other words tina, il compromise not altogether
arbitrary, bu, setting forth reasonable rule for any fu-
ure imposition upon Territory; but the comprehen-
sve words OF the preamble, settle ALL qussions, most
certainly all past compacts and render them inop
eraive
We have reasoned upon this subject understanding the
Compromise of 1920 contract but, with great defer
the opinions Of the expostors Of the New York
meeting we submit TO them and TO intelligent repre-
sentaves that it manifesy want the essentials OF
Il contract.
II is principle well settled in our highest judicial tri
bunals, that contract is agreement made between
/ two or parties, either executed or executory,
whether States individuals and if any Of those
who interested in the subjectmater of is not in
4 cluded il is void (Green Biddle, Wheaton Rep)
As already stated lands had been ceded by the States
with the understanding that when admitted as States 1t
should be with equal privileges as the original States.
and had parted with them this condition. None OF
the States had any original claim to the territory Of
Louisiana ceded by France, with like condition and
pledge Of Congress) but in 1870 the North and South
agree to settle their differences, and enter into what
they call solemn compact, not with respect to any
property they call their own. or TO which they
had exclusive right but resolve tha, hereafter no slavery
shall be admitted into the territory acquired from Leas
ana north OF sc deg. 80 mn And was that territory
party to the contracts They who had settled on that
territory before 1870, if there had been but twenty ~
there many hundreds, did with the rghtful sx
peca,ion that, State, they would at some future
time into The Union with the promissd" equal loot
ing" in all respects and they had what have been termed
inchoate rights and either them or when Territory or
State they were entitled be made parties and if il
contract, but simple statute within the power OF
Congress to enact. then other position is truethat
To- Ia,
accommodations between still larger sections OF the States
1, than in 1850. a
/, We submit, therefore
/. That the original declarations and OF
Congress, which enle new States be admitted the
footing, have been applied BY Congress 10 all the
States hitherto admtedno only to those northwest Of
the Ohio, bu, 10 those OF the Mississippi. and Pur
chased of France under the Louisiana treaty. which gave
assurance of admission OF States from with equal
rights, and that il new State should be ammelled with
such condition, it could not be considered a. having
like privileges with the original States
O. Tha, the Compromise OF 1850 cannot render in
operative that oil $780, neither the last Compromise
invadae the original acts of Congress and treaty with
France which had settled the rights Of States be ad-
mlted in future, which leaves the Compromise to
stand upon the honor OF contracting paries without either
principles OF law TO support it, and therefore liable to be
superseded by any new arrangement A
Il 3. That the Missouri Compromise has distinguish
ing feature of compact, either in express words in
any facts or representations made in the debates of that
period, giving it lasting permanent character differ
en from stau,e beyond the period OF the existence Of
Territory but otherwise.
n a. Tha, such contract is void under the article
10th section, impairing the obligation Of contracts
prior contract by treaty and act OF Congress stated.
equally binding, and bearing OF the essentials Of
contract than the Compromise Of 1870.
j s. Tha, such compact that OF 1870, purporng to
be made only between two sections Of the Unon North
and SOUTH respecting lands which had been previously
ceded with express conditions, and which had been ap-
piled by Congress to States beyond the Mississppto
Mexico, California. and lowasuch compromise affected
the Territory OF Nebtaska which had never been party
!, to the contract, and therefore imperative.
O. That Congress has power legislae in the Ter
ritores excepting the making OF rules and regu-
aons for territory and not laws for the government OF
the people of State. their property, which be
ercsed by themselves in their sovereign right.
In considering objections to any scheme Of policy,
naturally look their source, and may thus better de-