The national era. [volume] (Washington [D.C.]) 1847-1860, 1856-01-03

forms of legislation, it took its place II the stat
ute book, standing open to repeal, like my other
act of doubtful consttutionality, subj ct to be
pronounced null and void by the cour Of law,
and possessing possible efficacy to ,lntrol the
rights of the States which might the eater be
organized out of any part of the Origii al Terri
tory of louisiana
In all this, if any aggression there we're, any.
innovation upon pre-existing rights, o which
portion of the Union are they justly cbsrgeableE
This controversy passed away with he occa-
sion, nothing surviving it the dorp ant letter
of the statute.
But, long afterwards, when, by the>prpposed
accession of the Republic of Texas, t>e United
States were to take their next step in erlitorial
greatness similar contingency occu red, and
became the occasion for systematizeda a ernpts to
intervene in the domestic affairs of one lection OF
the Union in defiance of their rights States,
and of the stipuations of the Constitute These
attempts assumed a practical directia 4, in the
shape of perseyering endeavors, by sol re OF the
Representatives in both Houses of Congress,
to deprive the Southern States of the supposed
benefit of the provisions of the act al thorizing
the organization of the State of Missouri.
But the good sense of the people, ano thu vital
force of the Constitution, triumphed riyer sec
tional prejudice and the political erro s Of the
day, and the State of Texas returned 20 the
Union she was, with social institutiol Is which
her people had chosen for themselves and with
express agreement, by the re-annexing act, that
she should be susceptible of subdivision into
plurality of States.
Whatever advantage the interests of the South
ern States, as such, gained by this were Gar in
ferOr in results they unfolded in the progress
of time, to those which sprang from previous
concessions made by the South
To every thoughtful friend of the Unien-to
the true lovers of their country-to all who long
ed and labored for the full success of this great
| experiment of republican institutions--it was
cause of congratulation that such opportunity
had occurred to illustrate advancing power
on this continent, and to furnish to the. sosd ad
dtional assurance of the strength and stability of
| the Constitution. Who would wish to stE Florida
still European Colony? Who would ejeice to
| hail Texas as lone star, instead of ele in the
| galaxy of States? Who does not appr tiate the
incalculable benefits of the acquisition if Louis
J lana? And yet, narrow views and sectional pur-
poses would inevitably have excluded them all
from the Union.
But another struggle on the same PORT ensued,
when our victorious armies returned from Mexi-
CO, and it devolved on Congress to provide for
the territories acquired by the treaty OF Guada-
lupe Hidalgo. The great relations of the subject
had low become distinct and clear to the percep
ton of the public mind, which appreciated the
evils of sectional controversy upon the question
of the a omission of new States. In that cri-
sis, intense sOlicitude pervaded the nation. But
the patriotic impulses of the popular heart, gui
ded by the aGmonitory advice of the Father of his
Country rose superior to all the difficulties of the
incorporation ct a new empire into The Union.
In the counsels Of Congress there manifested
extreme antagonism OF opinion and az ton be-
tween some representatives, who sought, by the
abusive and unconstitutional employment Of the
legislative powers of the Government, to interfere
in the condition of the inchoate States, aid to i'm
| pose their own social theories upon the latter
and other representatives. who repealed he.inter-
position of the General Government in tht respect
and maintained the self-consttuting rig.its of the
States In truth, the thing attempted was, in
| form alone action of the General Coz ernment,
while in reality it the endeavor, by, abuse of
legislative power, to force the ideas Of internal
pOlicy entertained in particular States, upon al
| lied independent States. Once more the COnsti-
| tuition and the Union triumphed signa.ly. The
| new Territories were organized withott.restric-
| tions on the disputed point, and were thus left
| TO Judge in that particular for themsel yes; and
the sense of constitutional faith proved vigorous
enough in Congress not only to accomplish this
primary object, but also the incidental and hard
ly less important one of so amending the provis-
ions of the statute for the extradton of fugitives
| from service, as to place that public duty under
/ the safe guard of the General Government, and
| thus relieve it from obstacles raised u by the
| legislation of some of the States.
| Vain defamation regarding the pro- jsons OF
law for the extradition of fugitives fror service
| with occasional episodes of frantic etfo to OBJ
/ struct their execution by riot and muf ler con-
tinued for brief time, to agtate certi in local
tiles. 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 expeden-
cy, had acquired fast hold Of the public judgment
to such degree, that, by common consent, it was
! observed in the organization of the Territory Of
| Washington.
When, more recently, it became requisite 10 or
| ganize the Territories of Nebraska and Kansas, il
was the natural and legitimate, if not the newt
| able consequence of previous events AMI legisla-
ton, that the same great and sound isinciple
which had already been applied to Utah and New
Mexico, should be applied to them pat they
should stand exempt from the restriction prOpos-
ed in the act relative to the State of Mi souri,.
These restrictions were, in the estir alton OF
| many thoughtful men, null from the b ginning
unauthorized by the Constitution, cOntri " TO the
treaty stipulations for the cessiOn of L uiSiana
and inconsistent with the equality of the States.
They had been stripped of all moral lthprity
by persistent efforts to procure their I'M ireet
peal through contradictory enactment. They
had been practically abrogated by the Il Sislatior
attending the organization of Utah, New Mexico,
and Washington. If any vitality rem lined in
/ hem, it would have been taken away, N effect
nv the new Territorial acts, in the form Nginaly
nro posed to the Senate at the first session OF the
| last Congress. 1t was manly and niger nous, as
well as patriotic and jast, to do this directly, and
plainl ', and thus relieve the statute-book of al
| act VIII ich might be of possible future injury, bu
| of no no ssible future benefit and the measure o.
| tie reneal was the final cOnsummatiOn and com
plete recoe,nit of the principle, that no portion
| of the United States shall undertake. through as
| sumpton of the powers of the General Govern
| mont tn dictate the social institutions of any
other portion.
| The scope and effect of the language Of repea
were not left i'm doubt. 1t was declared In terms
| to be the true intent and meaning of this act
| not to legislate Slavery into any Territory or
| State nor to exclude it therefrom, but TO leav'
the people thereof perfectly free to form @ad reg
| Mate their domestic institutions in Their owl
way. subject only to the Constitution of tie Uni
| ted States"
| Tn e measure could not be withstood Cpon its
merit 8 alone 1t was attacked with violence, OF
the fa Use or deusive pretext that it constituted
| breach of faith Never was objection 81 ore ut
terlv a, stitute of substantial justification When
before waSit imagined by sensible men, that
repulati re or declarative statute, whether enact
| ed ten or forty years ago, is irrepeaable-tha
| an act of Congress is above the Constitution
| If indeed there were IN the facts any cause tc
| impute bad faith it would attach to those onl!
| who have ever ceased from the time of the en-
actment of the restrictive provision to the pres
| emit day to delounce and to condemn - wh'
| have constantly refused to complete it b. need
| full supplemental legislation who have spared
| no exertion to deprive it of moral forct; VIII
| have themselves again and again attemF ed 1t:
| repeal by the enactment of incompatible proyi
| sions and who, by the inevitable reac iOparJ
| effect of their own violence on the subjec, ava