Burlington free press. [volume] (Burlington, Vt.) 1827-1865, 1856-12-12

1t has not unlrcqucnty happclcd that
! law-givcrs, with undue estimation Of the
value of the law they give, or in the view ot
| imparting to 1t peculiar strength, make 1t
| perpetual in terms but they cannot thus
| bind the conscience, the judgment, and the
will of those who may succeed them, invested
with similar responsibilities, and clothed
with equal authority. More careful inyesu-
cation may prove the law to be unsound in
principle. Experience may show it to be
imperfect in detail and impracticable in
execution. And then both reason and right
combine not merely to justify, but to re-
quirc its repeal.
The Constitution, supreme ms it is over all
the departments oil the government, lcgisla-
tive, executive, and judicial, is open to
amendment by its very terms and Congress
or the States may, in their discretion, pro-
pose amendments to it, solemn compact tho
it in truth is between the sovereign states of
the Union. In the present instance, polit-
ical enactment, which had ceased to have
legal power or authority Of any kind, was
repealed. The position assumed, that Con-
grcss had no right to enact such repeal, was
strange enough, and slngularly So 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 dcsiS-
nation and quality as compromise acts-nay,
| lnOIt WHO uHcIulNOCiIly ulrI'pdlu'u anu
condemned the most positive and obligatory
iniunctons Of the Constitution itself, and
sought, by every means within their reach,
to deprive portion OF their fellow citizens
of the equal enjoyment Of those rights and
privileges guaranteed alike to all by the fun
damcntal compact Of our Union,
This argument against the repeal of the
statute line in question was accompanied by
another Of congcuial character, and equally
with the former destitute Of foundation in
reason and truth. It was imputed that the
measure originated in the conception Of eX-
tending the limits Of slave labor beyond those
previously assigned to it, and that such was
its natural as well as intended effect and
these basccss assumptions were made in the
northern States the ground Of unceasinS as
sault upon constitutional right
The repeal in terms of u statute, wh4ch
was already obsolete, and also null Tor uncnn-
stitutionalitv, could have no iuilucrce to OBJ
struct or to promote the propagation Of cons
ilicting views of political or social institution.
When the act organizing the Territories OF
Kansas and Nebraska was passed, the lnhc-
rent effect upon that portion oi the pubic
domain thus opened to legal settlement. was
to admit settlers from all the States of the
Union alike. each with his convictions Of
public policy and private interest, there to
found in their discretion. subject to such Inn
irations rs the Constitution and the acts OF
Congress might pr'ScrlN'' new ?'H'cS' ~ ~i'Vl1-
after to be admitted INTO the mon IL WAS
a free field. open alike to an, WHctuer the
statute line OF assumed reStlctou were re-
pcaled or not. mat repeal dla h't open 20
free competition OF thc diverse opi'"ouS anu
domestic institutions iei1' wIlcH, "''nouV
such repeal. would nave 3e'h closei .I''''5'
,,,,ol -, c,0t and i'm law MI the
repeal did was to relieve the statute BOOK oi
an Objectionable enactment' uneohS'Itutiol'aI
in effect, and injurious IN terms 10 iArSe
portion OF the states:
Is it the fact, that IN All the uh:'U!cu re-
gons of the United states II eH!iSIItIoi! ''
left free to act IN TINS respect lor lV.Gll' "iIH-
out legal prohlpltiohs on elV"cr sue S'u.c
labor will spontaneously 60 everywhere, IN
preference to Tree iahor is u tne i'cV ln"t
the peculiar domestic lhS'ltut'onS Vi tHe
Southern states possess rcl''NVlJ 80 ni''I.l ~
vlgor that, Mhere'oe'er "l "Nvn"' - .tu.iJ
opened to an tne "oIiI; t"'y w l..tr,
e IA i, she rot ,hnt tho former oniov.
comnorcd with tho latter. such irrcSistihlv
sundrior VITALITY. inderondcnt OF climate,
soiI AND all other accidental circumstances,
os 70 ha ohlo IN nroducc the suppgsod result,
, in sr;to of tho assumed moral and natural
obstacles to IFS occonnlishmeut. and of the
. moro numerous nopulation of the Northern
{ Stotos1
, ~ orcumont Of thoSo who advocate tho
.bo onoo,,,ont or now lo,-s Of rcstrIction n nd
condemn the rencal of the old ones. in cffec,
I ovors that their narticulur views of govern
Q mont hnv, no self-eytendins or sclf-sustainna
,a,,,sr nr tr,o;r o,,n and viii oo n,-,vhar,
,nIass forced Iv ort Of C,rrross And i
f.. Cor,,roes do hnt nous, far n moment in tn,
+ The cynoriment of leaving men to iud,c f5I
= tLo,,saIrn vbo+ institutions will best sui
, tLom If II he not str,iued mn to pornetua
+ Io,;sI,tive cvartiou on t,is Ioiut: If Con
@ ,ress nrocand Tins To act in the very spirit o
;. I;Lor,I II isot once CHARGED with amin.
: ~ oyfand slave labor into all the new Terri
r torios or tho I'rtcd States.
t or conrso. these imrutations on the inten
{ t;ors of Congress- in this resnect conceive,
T. ~, tI,o,, ,,or1 in rroiu,lico and diss.minotr,
- ,nsyg;a, ava nttarI, destitute of any iusti
G Godit;on in the nature Of tbireg. and con
& tror, 70 MI the fundamental doctrines anC
Il aa;,Ias or a;ri liberty and solc.rovo
!, nt4
= viii, tbor,c,,, =, ,onoro1 tho nconle u
So, g.. In, ,,',,... ~ .n,, ti,,o
s.u oi W. e. tI.a c,5or,I n,ernmoIt tL,
n J;,,ltl,, ,,1tL ,bo dn,nos,i
e opond;tior ar ,'ortors IN tho Sontborn States
10 H. W t., ,;,,,,d al srcI
= ;rt,nt;o,s on1 Laso sLrnrk from c,,snicu
N ',',' ti.. C,,, r,,rso to
i "l'a' tLr,,L tro c,n
is .a,iot'1 a,''Io, ,So,, " rorI,tinnary cr,ro -
to | w." r'.or,,t o,,J ,r+i onc,,tco or H.
'''o ~, 'i'l "'l' ,,, ,'.a
.t .;, rnoI tIo,sai,,t
ri ,n,a' ,.,ot ,,oIit;.i ssn
d w w ula"' ''r'o o,t' ar+io,. o,,ort,ini,,,
10 VI 'oi. ~'t-l e s,
'g S"G sum- ~ VI ,a,o,,,' '', - @
20 t'I as ial'uly 40 ;E,I,, ,,';i diJ lnt +hn
ID Do 9ccn "S ~ ,iy ~
Here i,co '.'' 'o r. ',' tl