Spirit of Jefferson. [volume] (Charles Town, Va. [W. Va.]) 1844-1948, 1856-12-06

scious act of disunion or civil war. But they
have entered into path which Leafs nowhere,
| unless it be TO civil war aud disu lion, and
w!Ich bas 10 other possible outlet. They haze
proceeded thus far in thHt direction in conse-
qtence of the successive stagesuf their progress
having consisted Of seIies of secondary Is
suas, each Of hichiprcfessel to IL confntl
within constitutional and peaceful limits. but
which attempted indirectly Y bat few men were
willing TO do directly, that is. TO act agrees
stely against the constitutional rights of ne9kss
y one-half of the thirty one States.
In the long series Of acts Of indirect aggres
sion, the first was tie strenuous agitation,
citizens Of the Northern States, in Congress
and out Of Of the question Of negro emanci
patton ia the Southern States.
The second step in this path of evil censiss
ted ct acts of the people CT the Northern
States and in several Instances of their gov.
ernments, aimed to facilitate the ascapb Of
persons held to service in the Southern States,
AMI to prevent their cxtradition when reclaim
ed according to law AMI in virtue If express
provisions OF the Constitution. To promote
this Object Legislative cuactmeuts aud other
means were adopted 10 take awaq or dSfeat
rights, which tie Constitution soleTnly guar
aLted. In order 10 nulify the then existing
act Of Congress concerning the eX5radi.ii3n Of
fnsit;vcs from service, laws were enacted in
many States, fotb!d@ing tLcir officers under
the sevsrest penalties, to participate in the x
ecution Of any act Of Congress whatever
In this way that system Of harmonious CO.
operation between the aIrhoFitias pf the Ting
ted States and Of tie scyers5 STAGES, for the
maintenance of their common institutions
which existed in the early years of:tho Repub-
lie, was destroyed; conflicts of Jurisdiction
came to be frequent; and Congress found it.
self compelled, for the support of the Consti-
tuition, and the yindicatIon of its: power, to-
authorize the appointment Of n:.w ofRcsrss
charged with the execution of its acts, las IL
they and the officers of the States were tie
ministers respectively, OF foreign governments
in state of mutual hostility rather thar fci-
low magistrates Of common country, pclGsz
fully subsisting und4r the protection Of one
erosion WIS followed by reactions, and Etlle
attacks upon the Constitution at this poinedid
but serve to raise up new barriers foEits defence
ana security. iiss4
The third stage Of this unhappy secti3nal
controversy Wa, in connection wilh:tlse organ
izaton Of territorial governments, aud the adj
mission of new States into the Uniton. When
it was proposed to admit the State Of M;tine,
by separation of territory from that. Of Mass1-
chu&ctts, and the State Of Missouri: formed Of
a portion of the territory csded by Franc, to
the United States, representatives in Congress
objected to the admission Of the latter, unless
with conditions suited to particular views =
pubic policy. The imposition Of such cors
dition was successfully resisted. I{ui, al tbs
Same PERIOD the question was presented Of i'm
posing rcstri tons upon the residue OF the Ter
ritory coded by France. That question was,
Tor the time, disposed of by the adoption Of Il
geographical line Of limitation.
III this connection it should not be f3rgotel [
hat France, Of her own accord, resolved, fox
o ccde Louisiana to the United States, and
hat accession was accepted by lie Unitc;i
States, the latter expressly cngaged:that "tEe
inhabitants of the ccded territory shall be in
orporated in the Union Of the United States;
mi in the meantime they shall be maintained
nd protected in the FREQ enjoyment Of their
ibe'ty. property, and the religion which they
'ro(css"-that is to say, v Tile it retains in
erri:oral condition, its inhabitants are main
aimed and pre- tected in the free enjoyment of
hen liberty and property, with r.5ls then
o pass into tie condition of'Statcs OF! Il footing
If perfect equality with he orig nwt States.
The enactment which established the res
,rictive geographical Inc, was acqu;esced in
'atler than approved 10y the States df the Unit I
IN. 1t stood on the statute book however,
or numbo, OF years EAU tie people ofth9
eSi'N otive States acquiesced in the re-enact
memt Ct the principle as applied to4the SAT-
Of Texas; and it was proposed to acqGiesee III (
its farther applicationsto The territory acqnire
bv the United States from Mexico lSutatlis
was sucn sfGiy resisted by ting /
from the northern States, who
regardless Of the statute line, insisted upon ap
plying restriction to the new terri oiy geneE- /
ally, whether lying north or south o; Il, thsrGs
by repeating it as a legislative compromise,
and, on the part Of TIE N5rth, persisttn!Iy W {
oIating the compact, eoRipact there. was.
Thereupon this epactmapt ceased TO havs
binding virtussiss any sense, whetl!srs res
pect5 the North ortsoNt and SO lr9seffect # |
was treated on the admission Of oth::s State Stfs
ries of New Mexico, Utah, and Wss iHgtoR
Such was the state of this qpeseeh wheii
the time arrived Cor the agganizztIee Of IL
territories of Kansas and ebraskffs Ia t'ss
progress Of constitutional aalry asS retlsi
ton, itshad now at length come t3sbe asa
clearly that Congress does not pos eousLE'
tutona power to impose restiicGepa Of 'thf +
character upon any presenter fitiifss ate. q I
the Union. In long series of d5l lions. OF
the fullest argument, and after the lr4est ae'iis
crate consideration, the lprcme Co5lFi Of the
United States hadsfinal 6eterminedtliis point
in every form under wliieli The question could
arise. Yhetheras affscth put,lie Eass private 4.
righislvin qHestions of the pn5lic Gssnsssn, If
religion, yof navigation anti Ct sarviaasa.
The Several STATES Il she UnieFs are, l,s
forca of the Gonstisliion, so-eqaal isi2on'estiS
legis!atiYe,power. g6hsfess cepuos ahaags
lawaof domestic felsson t he Statcsfa fssia
no more can itin tie State Of Missoala. Ant
stalste gl1ich proposes II: sl';- algero nat
lily at takes away #no ri8lst, il constrs none
1t romainslon the slai utessoob uuFapsaied, Il
remains there ontyssi Eaonuinent: ofS error
and beacon of warning to the 1egtiZZlstor and
the statesman. To repeal3it will t5t only to
remove i,nperfsctiob from The statutes, without
either in the sense of permission OH
Of prohibition che action Of the slata, 81
their citizens .
5 Sill, when the nomiaal restficI $50 1
nature, already a dead let III nss. in
ernss, repeated byetie isss Jon eress clan
81. act ORGANIZING tie IelriLoIies nf9.N al.sass