The Ottawa free trader. [volume] (Ottawa, Ill.) 1843-1916, 1856-12-06

Inevitable COnscqunce IN the Growth Of .
zsirit ofangrv defiance ~ the South Tbus
T. in the progress of events We he'd rcache,
that consumaton which the voice of tn
people has now so pontedly rebuked, Of tia
attempt of a portion of the States by
sectional organization and movement to u
! surp the control of the government Of Tia
United States.
| confidently believe that the great bod,
of those who inconsiderateiy took this fa'a
step are sincerely attached to the Coustitu
ton and the Union. They would upon de
liberation. shrink with unaffected horror
from anyconscous act ofdisunion or ciyiiwar
but they have entered into path which
leads where unless 70 civil war and dis
union, and which has no other possible out.
let. They have proceeded thus far in that
direction in consequence Of the succ, esive
stages OF their progress having consisted OF
series Of secondary Issues, each OF which
pvolessed 10 be confined within constitutions
al and peaceful limits, but which attempted
indirectly what lew luen were willing TO do
dlrCcu y-tnat i, to act aggressvey against
the constitutional rights Of nearly oue-halt
oil the thirty one States.
In the long series OF acts Of indirect ay-
sresson, the first was the strenuous a.ita-
ton by the citizens Of the Northern States
in Congress and out Of it, Of the question OF
negro emancipation in the Southern States.
The second step Ia THIS path OF evil colsis
cd in acts of the people Oi ,hc Northern
States, and in several instances Of their go
. ycrnments, aimed 10 facilitate the escape Of
persons held to service in the Southern
. States, an l. prevent their cxtraGilion when
reclaimed according - law and IN virtue of
express provisions Of the Constitution 70
- lar
and other means were adopted to take av V
or defeat rights wuicI the Constitution So
lelnuly guaranteed.
In order t. nul.iy the then existing act Of
Congress concerning the eXrra,.l;iou vi fag!-
tveS from service, .aWs w-re enacted in
many States, forblidin. their 9iiiccrs uud-r
the sev.rest penalties, 10 participate in the
execution Of any act Of Congress. whatever
Ia this way that system OF harmon Gus CO.
operation between the authorities Of the
United States and tie several States for the
the naiutainaDcc Of their common institu-
tons. which existed in the cary years OF tie
Rcpgbiic, was destroyed Conflicts Of ju-
ri>dictOn came - be frequent. and Congress
found itself compelled, for the support of
the Constitution and the indication of its
. powers, to authorize the appointment of new
officers, and the Officers Of the States were
tie Ministers chgTg d with the execution Of
IL acts, as if they respectively Of fore'gn
Governments, in 4 stat. OF mutual hOs.i i;y.
rather fellow magistrates Of common coun-
-, peacefully subsistins under the protcc-
ton Of one wei constituted union Thus
here also aggression was followed by reac-
ton; and the attacks upon the Constitution
AZ this point did but serve t raise new bar
r5crs for Its defence and security.
rF-a third star, ~ .l.f= ,,yE.,,,,
ve-sy was in connection with the organiza-
ton e Territorial COyernn-nts and tne al-
mission 0l new States into th- [ nion. When
il was proposed 10 admit the STATE Of Maine
hv separation Of territory from that Of Mas
,acAu,ctfs, and ths State Of Missouri formed
portion Of the territory ceiel By France
= the United states, representatives in Con-
gress objected to the adm s>ion Of the latter
unless with conditions suited to particular
views Of public poly. The imposition of
but the s,'i..'. sSFs. ette 'fT-srIt,Ei pre-
SCnted Oi i!upDsin sFestrictlJns upon the res
iduc Of the territory cedcd b. France Tha.
question was, for the time, disposed of by
the adoption oi geographical line OF limi-
. tatIOn. In this connection il shylll not be
forgotten that France, Of her own accord,
resolved for consultations OF tie most far
sighted Sagacity to cede Louisiana TO the
United States, and that Accession was acccp-
tel 10y the United States. The latter cx-
prcs>ly eng. .ei that Inhabitants Of the ceded
territory snou.d be incorporated in the
JniUn of the United States, and admitted as
soon az possible acc riding to the principles
Of the Federal Constitution, TO the enjoy
ucut Of all the rights. advantages and i'm
,nIultles of citizens OF the United States
and in the meantime they shall be maintain
80 nd ..al in ls +-an ~f
their liberty, property and the religion which
they prottssed
That is 10 say, while il remains in ter
yitorial condition. its inhabitants are mainss
tanned and protected in free enjoyment OF
their liberty and property, with right then
10 pass into the condition OF States on 2 foot
Ing of perfect equality with the original
States. The enactment which established
the restrictive geographical line was acqul-
c.ceI IN, rather than approved by, the states
of the Union. II stood CT the statue book,
however, for a rumber OF years, and the
people OF the respective States acqulesccd
in the re-enactment of the principle "a ap
piled to the State OF Texas, and il was pro-
posed 10 acqGiesce IN its further application
TO the territory acquired by the United
, States from Mexico; but this proposition
was successfully resisted by the representa-
tivss OF the Northern States, who, regardless
OF the statue line, insisted on applying re
sir.ction to the new territory generally
whether iyiny North or South of It-there-
by repeating 1t as a legislative compromise,
. and on the part of the North persstcntly
violating the compact, If compact there was.
Thereupon, THIS enactment ceased to have
binding virtue in any sense, whether as re-
spects the North or the South, and so in ct
tod pn on of he nd
mission of the State of California. and the
organization of the Territories OF New Mex
leo, Utah and Washington. Such was the
state of this question when the time arrived
1 for the organization of the Territories OF
Kansas and Nebraska. In the progress OF
constitutional inquiry and reflection, 1t had
low at length come to be clea. iy seen that
/ Congress does not possess constitutional
power to impose restrictions of this charac-
Ter upon any present or future State of the
Union.
in long series of decisions on the fullest
argument, and after the most deliberate con-
/ sideration, the Supreme Court Of the United
( States had finally determined this point in
( every form under which the question should
arise, whether as affecting public or private
/ rights or questions of the pubic domain or
/ religion, navigation, or of servtude. The
several States of the Union are by force OF
. the Constitution CO equal in domestic lesls-
/ lative power. Congress cannot change
law of domestic rciation in the State OF
Maine, no more can it in the State Of Mis-
souri,.
ANY statute which proposes to do his is
= mere uullity; it takes away no rlght-it
conters none if it remains on the statute
book unrepealed, it remains there only as
monument OF error, and a beacon of warning
TO the legislator and the statesman; to re-
peal will be only to remove impericction
from the statutes without affecting either in
the sense of permission or of prohibition