The Caledonian. [volume] (St. Johnsbury, Vt.) 1837-1867, 1856-12-06

feet it was treated on the occasion OF the adj
mission Of tn. State of California. and the
organization Of the Territories Of New Msx-
leo. Utah and Washington.
Such wa. the state OF this question, when
the time arrived tor the organization ct 'hr !
Territories of Kansas and Nebraska. In the
progress of constitutional inquiry aud rtilcr'
ton 1t had now at length come to be seen
clearly that Congress does not possess co",''-
tutional power to impose restrictions OF ms
character upon any present or future S'a'e
OF the Union IL iony series OF dtrl>i"''>
on the fullest argument. aud alter the 'n"s'
deliberate consideration. the Supreme Court
% the United States had finally Determined
this point. in every torn under which the
cuesion could arise, whether as affecting
public or private ri.hts-in questions OF the
public domain. Of re,i zion, OF navigation, and
OF er,ItuJe.
The several States cfthe Union are, ty
force ot The CONSTITUTION, roeunal IN comes
tie legislative power. Con2res, cannot change
a law Of domestic relation III the State az
Maine; no more can ii in the State Of Miss
ouri. ANY statute which prop oses TO do f''Is
is a mere nuiitv: it takes away 10 right. 1t
conlcrs none Itit remains on The statute
book unreT,-acd. it remain, there only as "A
mouumen. OF error, and beacon of warning 10
the legislator aud the Statesman. To repeal
i, will tie only to remove imperf,' ton from
the statutes. without affecting, either in the
sense Of permission or OF prohibition, the &c
ton CT the Safe. or Of thrlr c!tizrns
/ Stall when tue no 'iEal restriction of thu:
nature. air-ad, adead letter in law, WAS in
terms repealed !v the las Congress. in
clause OF the act organizing The Territories
Of Kansas and Nebraska, that repea! was mate
the location OF a wide spread and dangerous
agitation.
/ X was alleged that the original enactment
being a compact Of perpetual moral obligation,
rs repeal constituted an Udlous breach Of
: faith
! An act of Congress- while i. remains unre
praith. more especially if it be- ron,,,lulonaI,y
valid in the Judgement o! those rui'!lr tnnrii
onarirs whose duty 1t is to Pronou""c on
that point IS nadoubttdiv binding On the
conscience OF rarh good citizen OF The Rrpuh
lie. But IN what sense can II te asserted
that toe enart,nent IN question WAS invested
with ,errr,nlt, .r,1 entitled TO the respect
o! a solemn compact Between whom WAS
the co,np...t No distinct con'cn ling powers
NJ the government ~ separate sections of The
mon. treating a. such entered INTO treaty
sripu,a:i ions on Tie ~ l"rt. II Wa mere
clause of an act ~ o. yrt>~. and Ike a'v OH
or r,ntrovtrtrd Hl:tcr OF ic1I>ia' on, rtcsH-
ed it, inaI shape aud was passed lv r"mpr"m-
i.r ol the conflicting. opinions or sentiments ot
4 b., 4 al
authority over mems ror,Srrrucr>. to whom
did this 4uhorit. ar,ch =: Mt to those OF
the North. sho had repeatedly rrtu>'d 10
rc,ti IN It h, rX'-ns'nn. and Ohio il al 'alou@-
" strl,sn to 'ab.t>n other and inr"uiit';!'.r
rreti:..iors upon the sal! jet. And II. Il
thus appears. III" >uIVo>'d compact had no
obligatory force AS 10 the North ct course II
could no, have b al any a> 10 i!- South tor all
such co!nra Z, must be mutual and OF !ccI-
pro,'s, % y,tl0a.
IL lDs not urtrcquru'lv Happened that law
nivcr~. with undue c>'i;n .t'Un %! IT" ,,He "i
the l,w 'i.rl give. or III Tie Nitw ut in; ar';n
, to i. peculiar strength, makrr ,rrp,'u,l III
terms: bat th"v cannot thu> bind the cons !
rr"r ,hr iui.rrn'. and the will ot tho>,
, who NAY succeed tim. inv->',d wi'h similar
r.Spo,,>! ri.lr,..- AMI ciu:... wrh c,r,l An
Ii.,rli, More ,ar-:n inv.>l..tion m,
: prove NJ low - !,. un>ouni IN IrinrpI -.-
= Experience nlv show II to be imperfect II
70 detail and lmprr~'icn'i~ III cNrrn'ion An'
= rh.; both on and rl.hi con'nr- not n.'.rr
J " ~ lu>tli,. hU1 To- require Us rrjraI.
+ Inr Constitution. supreme ~ II l. over Al
j. The departments nt the Ir.crun nv. '".,> rl>'
n cxrrnri,,. s:h judicial. l. oi.n 10 ,n."n':,nrn
= Nv n. very Terms: and CorSrr o' ,',. = e,
= NAV IN thc!r DIS rrti"n propose niitI'.i't''if
+ % l. solemn r,mi,,ri ;h"u.h II 'rn h !
between the sovereign >Iti"> ~ lhr | n'"n
:. In The prr>rrt in>f,n'r, Iolnrr. rnacnt.n
J. aii h had ceased t. have legal power or au
j. ih",,v Of any klnd was repealed: Tn
: position a>>lmth thai Congress 81 no mo 4
i ri lit 10 rnart >urh zeal. was >'r.ngr enough
! and SIruulir!v - IN view q! tie = that Nh
l. argument came from tho>. VITO openly r"tu-
- cd obedience - existing laws ct the land
g havln. the same p'rus- designation an
r G"s'l'v as comrron'-" act>-nay. more. wh
:. nn"Qu,o !i> dI.r-cArdrd and co,,drnn-d fh
mos, positive and obligatory iuiunrt,ons Of
- the Constitution it>t,t aud son.ht. ty ever
4 means within their rrA,h to h,j,r,,ca pnr
/. n.cnt oftho.c rights and privileges .u.rAnlr
+ si.k- TO all 10y the fun ;Amcntal compact OF
o. our Union.
lc This argument against the repeal o! tn
Il s:stn,r iiuc IN question. was accompanied b
E. another ct congrnial character. and equal
With The trrm,r destitute OF tounda,ion /,
al reason and truth 1t vas imputed thu. III
r measure orlginated IN the conception of ~
re tending the limits of slave labor tv, oni tho>
- previously assigned to,,, and that such w.
Il ,ts natural as we'll A. intended effect; an
At these ta>erss assumptions were made. in ii
ri. northern States tie ground Of uncea>ins "a
" sault upon constitutional right,
e. The repeal ~ terms OF statute. which W,
he already obsolete. and also null for unronsi
C. ,onal,v, could have no influence to ol.,rn,
IN or 10 promote the propagation Of 'onil,r,'r
d. views Of political or social INSTITUTION. WI.
q the az organizing the Territories Of Hans.
= and N"hra>ks 90, passed. III" inherent rtl,.
he upon that portion Of The public domain TIN
he opsnc,: To Legal settlement. vas TO admit Sc
~ tiers from oil the States of the L. ion .lk
IT. each sith his convictions OF public poll,
ii, AMI private interest, there 10 found in the
"a discretion, subject to such limitations a. Il
rs, Constitution and the acts Of Congress mi ,
It- prescribe, new States. hrrpatter to be adm
lat ted into the Union. 1t vas a free field, OPP
all slike to all. Whethc the statute line OF 4
ed snmrd restriction were repealed or not
ac- That repeal did not open to tree compc'iri
IN of the diverse opinions and domestic in>tit
ITS, tons field, winch, without such repe;
the would have been closed against them
.ev found that field OF competition alreaCy open