The Union and eastern journal. [volume] (Biddeford [Me.]) 1854-1858, 1856-12-05

step, are sincerely attached to the Constitu-
ton and the Union. They would, upon
elaboration, shrink with unaffected horror
from any conscious act Of disunion or civil
war. But they have entered into a path.
which leads nowhere. unless il be TO civil
war and disunion. and which has no other
possible outlet. They have proceeded thus
Tar in that direction in consequence OF the
successive stages Of their pfogress having
consisted Of series OF secondary issues,
each Of which professed to be confined with
in constitutional and peaceful limits, but
which attempted indirectly what few men
were willing 10 do directly, that is, TO act
aggressiyely against the constitutional rights
of nearly one half Of the thirty-One States
In the long series Of acts of indirect ag-
grcssions, the first was the strenuous aglta-
ton, by citizens Of the northern States, in
Congress and out of Ii, of the question OF
negro emancipation in the Southern States.
The second step in this path Of evil con-
sisted OF acts OF the people Of the Northern
States, and in several instances Of their gov.
ernmcnts, aimed 10 facilitate the escape oil
persons held to service in the Southern States,
and 10 prevent their extraditiOn when re-
claimed according to law and in virtue OF
express provisions Of the Constitution. 10
promote this object, legislative ensctments
and other means were adopted 10 take away
or defeat rights which the Constitution sol
EMMY guaranteed. In order to nullify the
then existing act Of Congress concerning the
extradition Of fugitiyes from service, laws
were enacted in many states, fOrblddlng
their officers, under the seyerst penalties.
to participate in the execution Of any act oil
Congress, whatever. In this way that sys-
tenn of harmonious corporation between the
authorities of the United States and OF the
several Stltls, for the maintenance OF their
common institutions, which existed in the
early years Of the Republic, was destroyed {;
conflicts Of jurisdiction came TO be frequent /;
and Congress found itself compelled, for the
support Of the Constitution, and the vindi-
cation Of its power, to authorize the appoint.
ment Of now officers charged with the execu-
ton of its acts, as if they and the officers OF
the States were the ministers, respectively,
offoreign governments IN state of mutual
hostility, rather than fellow magestrateSof a
common country, peacefully subsisting un-
der the protection Of one wcll-constituted
Union. Thus here, also, aggression was fol-
lowed by reaction; and the attack upon the
constitution ut this point did not serve to
raise up new barriers for its defence and Sc
curity.
The third stage Of this unhappy sectional
controversy was in connexion with the or
ganizltion of territorial governments, and
the admission Of new States into the Union.
When il was proposed to admit the State OF
Maine, by separation Of territory from that
Of Massachusetts,, and the State of Missouri,
formed u portion of the territory ceded by
France 10 the United States, representatives
in Congress Objected TO the admission Of the
latter, unless with conditions suited to par
ticular views Of public policy. The impo'
sitson of such u coalition was successfully
resisted. Bat, at tho same period, the qucs'
ton was presented of imposing restrictions
upon the residue Of the territory coded by
France. The question was, for the time
disposed by the adoption Of u gcographi'
cal line OF limitation.
In this connection il should not be forgot
ten that France. Of her own accord, resolved
for considerations of the most far-sighted sa-
gacity, 10 cede Louisiana to the United
States, and that accession was accepted by
the United States, the latter expressly en-.
gagged that "the inhabitants Of the cedcd
territory shall he Incorporated in the Union
Of the Unit d States, and admitted as soon
rs possible. according 10 the principles OF
the Federal Constitution, to the enjoyment
Of all the rights. advantagcs, and immuni-
ties Of citizens of the United States; and in
the meantime they shall no maintained and
protected in the free enjoyment Of their lib
crty, property, and the religion which they
profess is 10 say. while il remains IN
territorial condition, it, inhabitants are
maintained and protected in the free enjoy
ment of their liberty and property, with a
right then IN pass into n condition OF States
on footing Of perfect equality with the
original States
The enactment, which established the re-
strictiyc geographical line, was acquiesced
in rather than approved by the States Of the
Union. II stood on the statute book, how.
ever. for number Of years and the people
Of the respective States acquicsced in the re.
enactment Of the principle as applied 10 the
State OF Texas and il was proposed TO ac-
quiesce in its further application TO the ter
ritory acquired by the United States from
Mexico. But this proposition was success
fully resisted by the representatives from the
Northern Sta'es, who, regardless of the stat
ute line, insisted upon applying restriction
TO the new territory generally, whether "
ing North or South of il, thereby repeating
il as a legislative compromiso, and, on the
part of the North, persistently violating the
contract, If compact thers was.
Thereupou this enactment ceased to have
binding virtue in any sense, whether as re-
spects the North or the South and so in
effect Il was treated on the occasion Of the
admission Of the State OF California, and
the organization Of the Territories Of New
Mexico. Utah and Washington.
Such was the state of this question, when
the time arrived for the organization Of the
Territories of Kansas and Nebraska. In
the progress of constitutional inquiry and
reflection, il had now at length come TO be
seen clearly that Congress does not possess
constitutional power to impose restrictions
Of this character upon any prtsent or future
State of the Union. In long series of de-
Cl-pIS, on tUc luilrHb aI-uHi'lt, anu diNci
the most deliberate consideration, the SUI
prem, Court Of the United States had finally
determined this point, in every form under
which the question could arise, whether as
affecting public or private rights-in ques-
tions Of the public domain, Of religion, OF
navigation, and of servitudc.
The several States Of the Union are, by
force Of the Constitution, CO equal in do
nestle legislative power Congress cannot
change law Of domestic relation in the
State Of Maine; no more can il in the State
Of Missouri. ANY statute which proposes
TO do this is a mere nullity: il takes away
no right, Il conlers none. II it remains ON
the statute book unrepcaled, il remains there
only ~ monument Of error, and beacon
of warning 10 the legislator and statesman.
To repeal IL wiifhc Oals' - rvnrJt9 impcrfoc-
,un !rOm the statutes, without affecting, ell
Their in the ssnso of permission OF Of prOhi-
bition, the action OF the States, or Of the
citizens.
Shll, when the nominal restriction Of this
nature, already dead letter in law. was in