The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1856-01-09


particular States, upon allied independent
States.
Once more the constitution and the
Union triumphed signally. The new Ter
ritories were organized without restrictions
on the disputed point, and were thus left
to judge in that particular for themselves;
and the sense of constitutional faith prov
ed vigorous enough iu Congress, not only
to accomplish this primary object, bat al
so the incidental and hardly less i,npor-
tant one, Of SO amending the provisions of
the statute for the extradition Of fugitives
from service, as to place the public duty
under the safeguard Of the general gov
eminent, and thus relieve it from obstacles
raised up by the legislation of some of the
States.
Vain defamation regarding the provi-
sions Of law for e%xtradition of fuyitives
from service, with occasional episodes of
frantic effort to obstruct their execution
10y riot or murder, continued, for o brief
time, to agitate certain localities. But
the true principle, Of leaving each State
and Territory to regulate its own laws of
labor according to its own sense of right
and expediency, had acquired fast hold of
the public Judgment. to such d degree,
that, by common consent, it was observed
in the organization Of the Territory OF
Washington.
When. more recently, it became rsqui.-
itc to organize the Territories Of Nebras-
ks and Kansas, it was the natural and
legitimate, if not the inevitable, conss-
quencs OF previous events and legislation,
that the sarle great anl sound rrinciple.
which had already been applied to Utah
and New Mexico shonld be appliclto thsm
that they should stand exempt from the
restrictions proposed in the sct relative
to the State of Missouri.
These restrictions were, ia the estima-
ton of many thoughtful men, nall from
the beginning, unauthorized by the con-
stitution, contrary to the treaty stipula-
tions for the cession of louisiana, and in
consistent with the equality Of the States.
They had bcea stripped of all moral
authority, by persistent efforts TO procure
their indirect repeal through contradicto-
ry cnactments. Tley had been practical
Iy abrogated by the legislation attending
the organization Of Utah, New @Mexico
and Washington. Ifany vitality remain in
them, it would have been taken away, in
effect, by the new territorial acts, in the
form originally proposed TO tho Senate at
the first session Of the last Congress. 1t
was manly and ingenious, a. we'll IS patri-
e.ic aud just, to do this directly and plain
ly, and thus relieve The statue-book of III
act, which might lie Of possible future in
jury, but of no possible future beueGt: and
the Measure of Its repeal was the fnaI
contamination and complete recognition
Of the principle, that no portion of the
United States shall undertake, through
assumption Of the powers of the genera
government, to dictate the social inssitu.
tions Of any other portion.
The scope aud effect Of tho languag.
of repeal were not left in doubt. 1t WA
declared, in t~rMs, to be "ths true intent
and meaning Of this act not to legislats
slavery into any Territory or State, mol
to exclude it therefrom, but to leave thu
people thereof perfectly free to form ant
regulate their domestic institutions in thcil
own way, subject only to the constitution
of the United States"
The measure could not DO withstooC
upon its merits alone. It was attacked
, with violence, on the false or delusivt
!, pretext, that it constituted a breach o
faith. Never was objection more utterly
destitute Of substantial Justification
When before. was it imagined by sensibl.
men, that q regulative or declarative stat.
ute, whether enacted ten or forty years ago
is i~rrepealabie, that on act Of Congress i.
above the constitution?
If indeed, there were in the facts any
cause to impute bad faith, it would attach
to those only, who have never ceased, from
the time of the enactment of the restrictive
provision to the present day, to denounce
and condemn it; who have constantly re.
fused to complete it by needful supplement.
tary legislation; who have spared no ex
ertion to deprive it Of moral force; who
have themselves again and again attempt
ed its repeal by the enactment of incom.
patible provisions; and who by the newt.
able reactionars effect oftheir own violence
on the subject, awakened the country to
perception of the true constitutional prin,
ciple, of leaving the matter. involved te
the discretion of the people of the respec
tive existing or incipient States.
It is not pretended that this principle
or any other, preclndes the possibility o
: evils in practice, disturbed as political &C
ton is liable to be by human passions
: No form Of government is exempt from
Inconvenience; but in this case they ar
the result Of the abuse, and not of thu
legitimate exercise, of the powers reserved
) or conferred in the organization Of a Ter
ritory. They are not to be charged t.
the great principle of popular sovereign
ty: on the contrary they disappear befor,
! the intelligence and patriotism of the PEG
sIple, exerting through the ballot DO:
their peaceful and silent, but irresistabl