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

thus appears, the supposed compact had no
obligatory force as to the North, Of course
il could not have had any as to the South
for all such compacts must be mutual and OF
reciprocal obligation.
Ii has not unfrequently happened that
law-givers, with undue estimation Of the
value Of the law they give, or in the view
Of imparting TO it peculiar strength, make
it perpetual in terms but they cannot thus
bind the conscience, the Judgment, and the
will of those who may succeed them, invest
ed with similar responsibilities, and clothed
with equal authority. More careful inves-
tigation may prove the law to DO unsound
in principle. Experience may show it to
b. imperfect in detail and impracticable in
execution. And then both reason and right
combine not merely tojustify, but to require
its repeal.
The Constitution, supreme as IL is over all
the departments Of the government, legisla-
tive, executive, and judicial, is open to
amendment by its very terms and Congress
or the States may, in their discretion, pro-
pose amendment to it, solemn compact tho
il in truth is between the sovereign States OF
tho Union. In the present instance, u po-
litical enactment, which had ceased to have
legal power or authority Of any kind, was
repealed. The position assumed. that Con-
gress had no moral right to enact such re-
peal. was strange enough, and singularly 30
in view of the fact that the argument came
from those who openly refused obedience to
existing laws of the land, having the same
popular designation and quality rs compro-
mise acts-nay, more, who unequiyocally
disregardod and condemned the most posi-.
tive and obligatory injunctions Of the Con-
s,itution itself, and sought, by every means
within their reach, to deprive a portion OF
their iellow-citizens of the equal enjoyment
of those rights and privileges guaranteed
alike to oil by the fundamental compact OF
our Union.
This argument against the repeal Of the
statute line in question, was accompanied
by another of congenial character, and
equally with the former destitute Of foun.
dation in reason and truth. Ii was imputed
that the measure originated in the concep-
ton Of extending the limits Of slave labor
beyond those previously assigned to it, and
that such was its natural as well rs intend
ed effect; and these baseless assumptions
were made, in the Northern States, the
ground Of unceasing assault upon constitu-
tional right.
The repeal in terms Of statute, which
was already obsolete, and also null for I'M
constitutiOnality, could have no influence to
obstruct or to promote the propagation OF
conflicting views of political or social insti-
tuition. When the act organizing the ter
ritories of Kansas and Nebraska was passed
the inherent effect upon that portion OF the
public domain thus opened to legal settle
ment, was to admit settlers from all the
States of the Union alike, each with hi'
convictions of public policy and private in
terest, there to found in their discretion
subject to such limitations as the Constitu
ton and the acts Of Congress might pre-,
scribe, new States, hereafter TO be admitted
INTO the Unien. 1t was free field, open
alike to all, whether the statute line OF as
sumcd restriction were repealed or not
That repeal did not open to free competition
of the diverse opinions and domestic insti
tutions field, which, without such repeal
would have been closed against them; II
found that field of competition already
opened, in fact and in law. All the repeal
did was TO relieve the statute book OF an
Questionable enactment, unconstitutional
in effect. and injurious in terms to o large
portion of the States.
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