Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1854-03-18

witnesses equally TO the feuds IN which u originated
and to the solemnity by which they were finally
Quoted and brought to what appeared final rest
This opinion of ours was in the course of time, fur
Their corroborated by that compromise having stood
unscathed, the tempest and the storm for an en-
tire third of a century, and its being now half as
old as the venerated Constitution which holds these
States in the bands of Union; the validity of its
most stringent provisions Essential parts of the
compact) having been affirmed by decisions of the
courts of Missouri herself.
To mind thus impressed, it could not but be,
on the face of it, astounding proposition that the
Missouri compromise could be repealed, superseded,
or rendered imperative, by any authority other than
that by which the covenant itself was formed.
We had, as we have heretofore said, been accus-
toned to regard that compromise as "compact,"
in the understood sense of the term entered into,
on the part of the United States in the exercise of
the power of Congress "to dispose Of and make
all needful rules and regulations respecting the
territory or other property belonging to the United
States" and, on the part of the State of Missouri
by virtue of her sovereign power, expressed in the
very act forming her own State Government.
vided that no State shall pass any er post facto
law or law impairing the obligation of contracts,
we had considered this prohibition as at least
implying an equal obligation on the part of Con-
gress itself to respect its own contracts In the
of doubt arising whether any particular act is an
infraction of an agreement by the General Govern
ment with any individual State, that is question:
as we understand the matter, which is not for
determination by Congress, but by the Judicial
power of the United States, which extends to all
cases in law and equity arising under the Constitu-
ton and especially, to controversies to which the
United States shall be party"
These impressions of fact and of law, in which
our correspondent conceives that we are in error
and we almost begin to fear that must be So seeing
how many great intellects and how much distin-
guished legal ability in the Senate Of the United
States have taken different ground in the debates
upon the Nebraska bill-were, we owe it to our
selves to state confirmed by every yet recollccted
circumstance in the history of the Missouri Com.
promise. "
Of the recollectons here alluded to- connected
with the admission of Missouri into the Union, we
will at the present moment cite only one, but it
was one of the very highest authority amongst the
Southern members of the House of Representatives
as stated by Mr.. CLAY himself in one of his
last speeches in the Senate of the United States
We refer, of course, to Mr.. LowNDEs of South
Carolina. In answer to an objection made by Mr..
SERGEANT of Pennsylvania, to the censtitutionality
of of the provisions of the Constitution formed
by Missouri under the authority of the act of Con-
gress of 1920, Mr.. LowNDEs spoke as follows:
"Suppose that the clause objected to in the Consttu-
ton of Missouri related to the exemption of national
bank from taxation by the State to the power of Con-
gress in calling out the militia Is it apparent that
interest in those questions disquafy from their
decision? CosaREss was, in erery respec unit tribunal
to decide upon the conformity Of the Federal and Stale Con-
situations. Congressl as party to the compact and
teresed in its construction, and THEREFORE
ExroUND IT." ,... ....
| Again, in the same speech, Mr. LowNDEs said !:
cit was with modification and pain that he had
understood him MIR. SERGEANT to express the opinion
that, under law enactng that State shall be ad-
mtted Congress, particularly if election shall
INTERVIEWED may consider its admission open ques
ton and fulfil disregard the law of the preceding Con-
gess its discretion He had anticipated in his former
remarks tho influence of this doctrine but not its avowa
He should be glad to know before he proceeded in his
observations, whether he had understood the gentleman
from Pennsylvania correctly? ....
"Mr. SERGEANT explained. He was understood by Mr.
Lowndes say that he had expressed opinion the
matter, but had spoken Of it doubtful question.
"Mr. LowspEs proceeded: If the gentleman did not
deny hardly less extraordinary that he should
doubt, WHETHER GOVERNMENT OF THIS NATION WERE
| BOUND OBLIGATIONS FAITH But he
would change the subject"
| In further confirmation Of the sense in which
we have regarded the Missouri compact, we will
cite one other authority, inferior only to judi
cial judgment, showing in how sacred light it
was received and respected by the chief Executive
of the Nation, down to recent PERIOD before it was
by the Nebraska bill drawn into the arena of party
and sectional politics From the special message of
President Polk in 1S4S, communicating to Con-
gress his approval of the "Oregon Territory" bill,
we copy the following passages expressive of has
opinion in reference to the nviolability of the Mis-
souri, Compromise:
sin December, 1s19 application was made to Congress
by the people of the Missouri Territory for admission
the Union State The discussion upon the subject
in Congress involved the question of slavery and was
prosecuted with such violence to produce excitements
alarming to every patriot in the Union. But the good
genius cancellation, which presided at The birth Of is
adopted The eighth section Of the act Of Congress
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