New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1856-12-03


riilfops Which existed in the ouly years OF The RI
public, dc, royed; icis ofjnrsdciijn anne %
be btqu LII; and CoDgre found rsetf coinpedei, oI
the supprt u The G, psitnti,a, and the vodicat,n o.
is VOW er 10 au'nOize the appointment oil ne oesrs
chaIytd wb the execution OF rs acts as they AMI
tte focIs OF the States the moiso's, re.pec-
iTey Of reign governments in STATE VI a'h7 n's
TINY rather than fellow magistrates OF eJnmon
conpr peacefully subs ting uader The protection OF
ole el OF sirucd Union. Tbu- btT also, aggre sion
wss followto by resc,on: and the attacks upon TIE
Coz siuiiC at This point did bot sefve TO ra''e up nc
bsniJs for tie dceBst and security.
The hnd stage OF this unhappy sectional con'rover'y
III be,sOn with the Organization OF Territorial
Govtbmcts ADD the admission Of ncT states INTO the
Union. When il was proposed to admit 1e s;a'e OF
MAINE by separation Of territory from that OF Moss 1chu
and TIE State Of Missouri formed O po'oa @! TIC
tent y by Franco 10 the Uoed Sste'. Repre-
sbiaiives CoDgr objected TO the admission OF the
sttr niles with cono )ns suii'd to particular vc"o
Of public policy. Tn imposition Of such coadil N
wus success fully resisted. Bat a: the same PERIOD, the
ques ton wa presented of imposing resrtc ions upo1
tie residue Of the territory ceded by France Iaai
question was for the time, disposed Of by the adoption
Of geographical nc Of liulitaton.
In III connection, it should not be forgotten that
France, her own accord, resolved, for
Of ths MIST er;gh!ed sasaciiy, ID ccde LOUISIANA ID
the UIi,d Ststes, and that accession was accepted by
he UIlied States the latter expressly engaged IA 1t
The inhabitants Of The cedcd teIriIory shalt be incor
porated In the UJion OF the United States, and ad
mirc as soon as possible according to the principles
Of the Federal Constitution to the enjoyment OF all
tic Ii.tr advantages d inmuntcs " citizens OF
ht Uni'ed States; and in the mean tune they shall
be maintain cd aid protected in the Tree enjoyment OF
their EJfyfg, Dr0Dcfty and the religion which they
prOJeh that is 80 say while remains 10 terrific
rial COL dtion iis inhabitants are maintained and pro,
tctied in the hee enjoyment OF Their hber'y and
pru,y With right then TO pass int, the condition Ui
States on footing Of perfect equality with the original
STATE.
Tie enactment which established the restrictive geo
crDp1 ca line acqnosced IN rather than approved
al Il 60 Tho tu into
Boz X, however for number Of years and the people
of the respective States acquesced In nc reenacncnt
Of the pm ciple ss applied to the STATE OF Texas an
it pTopt Sod to atquesce IN It's further application
to the ttJi DRY acquired by the United Stares from
Mexico But tbis proposition was su cpssfny resis e
by the Ropr, senatvos from the Northern States, Who
regardless C the statute line, insisted upon applying
ros lion the territory gefoally, whether yldg
noIlh souh of it hcr, by repeating 1t as eslsla'
tive compromise and, the pa,t OF the North, per-
slstebily Violating the compact if compact there vac.
Thereupon this enactment ceased TO have binding
virtue in any senso whether as respects Tue Norm or
tie South; and III effect II Was treated ON the occ4-
sion of the admission OF the State OF California and
the Organization Of the Territories OF New-NeAco,
Uiah bId Washington.
Such wss the state of this question, when The time
arrived Ter The organization of the Teitorios OF Kan
sas aid Nebraska. In the progress oil constitutional
II qury and reflection il bad now at length come to be
seen clearly that Congress does net possess cohst-
upon my present or future Stale OF the Union. In
long series Of DECISIONS on the fullest argument, anu
after the most deliberate confederation, the Supreme
Cont Of the Ded Stats had finally determined this
point In every form uncer which the question could
arisc whether affecting public or private rshts-n
gu, eions of the public doIuin of religion OF na'lga
ton, and Of scrvltucc.
Tie several States of the Union arc by force Of the
Constitution, cOcqua in domestic legislative power.
Congress caDnOt change law of domestic relation Ill
he Safe OF Maine more can 1t IN the State OF MIS-
sOnr Any tau,c which pr poses TO do thls - mere
nulliiy; il TAX. away light 1t coners none. IL 1t
remaIs on the statute book unrcpealod, 1t remains
thee only monument OF error, and Beacon OF
warning 10 the slatOr and the statesman 10 repeal
it will be only 10 removeimI eri ciion ffom the statutes,
without affecting, either in the sense of pcrmss ion or
of prohibition the action Of the States, or of their cii-
ZtIs. -,
already dead letter in law, was, terms, repealed
bv the last Congress- in clause of the net organizing
the Territories OF Kansas and Nebraska, that repeal
was made the occasion of widespread and danger
Gus agitation.
II was alleged that the original enactment being
co npact of perpetual moral obligation, MS repeal con-
s,itut.d an oditus breach of faith.
An act of Congress, while 1t remains unrepe iod,
more especially if it be ccIstitutonaly valid in the
udpnt nj of ihuto fur conares whore duty IL Is to pro-
nom that poiut, Is undoubtedly bihding on 1he
conscience OF oach good citizen OF the Republic. ba'
III what seDae can il be asserted that tho enlistment Ia
du6 stion rs invested with porpetuy and eoutcd 10
the lesptct Of solemn compact! Between
whom was the compact? No distinct contend
no
tiUls of the Union, treating as such entered INTO
trCa,y calculations on the subject. IL YVES mere
clause OF un act OF Congress and like any other con,
conf oy er.ed matter of Legislation, received It's hna
shape and passed by compromise OF t1c connie aug
oniious or sou,imt nts of the Members OF Congress. u
itha MOI al auhority over men sconscences 10 whom
d,d this authority attach Not to those OF tue Nolth
who had rcpeaeo ly refused TO coniirn It by extension
and who bad jealousy suiyen to establish othei ana
ipcomtb,ble regulations upon the subject. And IL as
inns annems the supposed compact had no obligao-
~ force as 10 the North of course 1t could not nave
had any as 10 the South for all lch conpscis mus DC
mutual and of reciprocal Obligation
has not unfIeqeonty happened INA, .en
Give or in the view of imI arting to peculiar strength
axe it perpetual in TERMS but they cannot thus pind
,bo conscience, the Judgment ana he M Oh 'noso
may succeed them Gated with similar 'ponsib H.
lies, and clothed with equal authority. More careful
aiion may prove the law to DO unsound IN prn
emo EAper, 6ce may show it TO be imperfect in de-
tail and impracticabe in execution. Ana then pom
roosOp and right combine MOI meiey W Ju''''!' o w
r, qune lis repeal. -u,
1bo Constitution, supreme il is over all the de
oartueLis Of the Government, legislative, executive
hid Judicial 10 open to sHiehdnent Dy us very e!.
ard Copcrcts or the Staes may, III their discIeuon
pro, oee amendment it, solemn csnpact tnongh In
ruth il between the sovereign States OF the Union 10
tho present Instance, political tnsctheil whe, nai
ceased 10 have legal power or authority oi any kun,
Vas revealed The position assumed that congress
had no moral risht TO enact such repeal was strange
epoueb and sDgu!y in view OF The lae tnat 's ar
eputt came from ,hose who openly refused oedenc GO
TO existing laws Of the land having The same popular
d.sienal,on aid qualify as compromise acts-hiy,
mo,e who uneauvocaily disregarded aod condemned
The most positive and obligatory ipunctoos OF the
Constitution se, and sought by every Inc ans "tnia
their reach TO cep,e pJsu)n oil Their ie0we'lIehs
If the equal ijoym'h, VI Ihosc lsn's anu y,
guaralt ed aIike W al ~ ZIG iuHN y
Th a, rument against the repeal Of the statute h13