Richmond daily Whig. [volume] (Richmond, Va.) 1842-1861, 1856-12-03

.ehc.l line .ceale.ced In rather .n sssso-.d b,
the States Of the Union. Il stood tbe statute book
hosever tor number q PEARS and the peops Of the
sPedse States scquc~osd in the q the ps
eple s applied to the sAse g Texas and vas Poposss
quircd by the United States from hexieo But this pro
posiion successfully resissd by the
no" ns Northern stA,es who regrd'es Of the statass
~ generally. whether lying N0t or South Of IL thereby
repeating IL Legislative compromise and on the part
OF the North, persistenty violating the compact com
Thereupon this Enactment ceased to havs binding vir
tue in any sense whether respects the North the
Of the admission Of the State of California and the Or.
g.ni.aton Of the Territories Of New Mexico Utah, and
Washington.
arrived for the organization Of the Territories Of Kan.
sas and Nebraska In the progress Of constitutional In.
quiry aud reflection, IL bad nov length to be
seen clearly that Congress docs possess constitution
power to impose restrictions this character upon
present future State Of the Unou In long Sc
series OF decisions the fullest argument and after
OF the United States had finally determined this point
in every form under which the question could arise
whether IS affecting public private rghts-in ques-
| and Of scrvitude.
The several States Of the Union are by force of the
Constitution, coequal in domestic legislative power
Congress cannot change law Of domestic relation in tho
State Of Maine; Il in the State Of Missouri
Any statute which proposes do this Is mere nuty
takes away no right IL concrs IL il remains
the statuebook unrepealcd, IL remains there only as
monument OF error and beacon Of warning to the ess-
ator aud the statesman To repeal h will be only to
move mperec'ion from the statutes without affecting Ell
Their in the sense OF permission Of prohibition tho
ton OF the States, or II their citizens.
Still, when the nominal restriction Of this nature al
ready dead letter In law, was in terms repealed by the
last Congress- in clause OF the organizing the Terri
tories of Kansas and Nebraska that repeal was made the
occasion of a widespread and dangerous agitation
1t alleged that the original enactment, being a com.
pact OF perpetual moral obligation its repea
an odious breach OF faith
An act Of Congress- while it remains unrepesled moro
especially IL it be constonay valid in the Judgment OF
those public fcncouares whose duty il Is TO pronounce
on that point is undoubtedly binne on the conscience
| OF each good citizen of tho Republic. But in what
t be asserted that the enactment question
invested with perpeuity and entitled the respect
Of solemn compact! Between whom was the COM
pac No distinct contending the government
separate sections Of the Union treating SUCH en-
tered into treaty stpulAons on the subject 1t
clause OF an act OF Congress- and like any other
verted matter OF legislation. received its final shape and
passed by compromise OF conflicting opinions or SEN
timents of the members Of Congress But il had
al authority mems consoiences TO whom did this
thorty atach Not TO those of the North who had re-
peaedy refused to confirm IL by extension aud who had
zeaousy strven 20 establish other and incompatible
latons upon the subject And il il thus appears the
supposed compact had obligatory TO the North
of course il could not have had any as TO the South
for all such compacs must be mutual and Of reciprocal
| obligation.
Ii has not unfrequenily happened that law gyers with
undue estimation Of the value of the law they give in
the view OF impartng TO peculiar strength make per
petua in terms but they cannot thus bind the conscience
the Judgment and the will of those who may them
invested with similar responsibilities and clothed with
equal authority. More careful investigation may prove
the law TO be unsound in principle Experience may show
to be imperfect in detail and mpraccabo in execution
Aud then both reason aud right combine merely TO
justify, but TO require its repeal.
The Constitution, supreme is all the depart
OF the government legislative, executive and judi
ca is open TO amendment by its very TERMS and Con-
the States may in their discretion propose amend.
nents TO IT, solemn compact though il in truth is between
the sovereign States Of the Union In tho pessn; in
stance, political enactment which had ceased have e-
gal power authority of auy kind repealed. The
position assumed, that Congress had moral right to
enact such repeal strange enough aud singulary
IN view Of the fact that the argument from those who
openly refused obedience existing laws ofthe land hay
ing the same popular designation and quality as com.
promise acs-nay, more who unequvocaly disregarded
and condemned the most positive and obligatory ujunc-
tons Of the Constitution ITSELF and sought BY every means
within their reach, TO deprive portion Of their fellow
zens OF the equal enjoyment those rights and privileges
guaranteed alike TO all by the fundamental compact our
| Union.
This argument against the repeal of the statute line in
question accompanied by another Of congenia char
accr and equally with the former destitute OF foundation
in and truth Ii imputed that the measure
ginated in the conception Of extending the limits
labor beyond those previously assigned it, and that
such was its natural well intended effect and these
baseless assumptions made in the northern States
the ground of unceasng assault upon constitutional right
The repeal in terms OF statute which already OBJ
soete and also null for unconsttuonay could have no
influence obstruct promote the propagation of
conflicting views Of political or social institution When
the act organizing the Territories OF Kansas and
passed the Inherent effect upon that portion OF the
public domain thus opened TO legal settlement was 10
admit settlers from all the States OF the Union alike each
with his convictions OF public policy and private interest
there found in their discretion subject to such mta
tions the Constitution and OF Congress might pre
SCRIBE States hereafter TO be admitted into the IN
ion 1t was free field open alike to all whether the
ute line OF assumed restriction repealed not
That repeal did not open TO free competition ofthe d.
verse opinions and domestic instutionsa field which
without such repeal would have been closed them
found that field OF competition already opened in fact
and in law All the repeal did relieve the statute.
book of an Objectionable enactment unconstitutional in
effect, and injurious in terms to large portion of the
States
l. it the fact that in all the unsettled region, of the
United States il emigration be left free to act in this re-
spect for ITSELF without legal prohibitions on either side
slave labor will Spontaneously SO everywhere, in prefer
ence to free aborY Is 1t the ac that the peculiar do
nestle institutions Of the southern States possess relative
much Of vgor that wheresoever an avenue is freely
open TO all the world they will penetrate the exclusion
OF those OF the northern satesr Is it the fact that the
former enjoy compared with the latter such irressbly
superior vitality independent Of climate sc and all other
accidental circumstances 20 be able produce the
supposed result in spite Of the assumed moral and na-
raj obstacles TO its accomplishment and OF the more nu
merous population Of the northern Statesf
The argument Of those who advocate the enactment OF
new laws Of restriction and condemn the repeal of old
particular views OF
men have no selfextending selfsustaning power OF
their oWn and will go nowhere unless forced by act OF
Congress And il Congress do but pause for moment IN
the policy Of stern coercion If venture to try the e1
pertinent OF leaving 10 judge for themselves what in
stituons will best suit them il it be strained up 20
perpetual legislative exerOn this point IL Congress
proceed thus to act in the very spirit Of liberty il is at
once charged with aiming TO extend slave labor into all
the new Territories Of tho United States.
OF course these imputaons the intentions Of Con.
gess IN this respect conceived as they in prejudice
and disseminated in passion utterly destitute Of any
Justification in the nature Of things. contrary to ali
the fundamental doctrines aud principles Of civil liberty
aud selfgovernment
While therefore, in general the people Of the North.
e'n States have never at any time arogted for the fed
efa government the power interfere directly with the
domestic condition Of persons in the Southern States
but on the contrary have dsavowed all such intentions
and have shrunk from conspicuous sfston with those
lew VINO pursue their anatica objects avowedy through
the contemplated Of revolutionary change Of the
government aud with acceptance Of the necessary con.
sequences civil and servilc War-yet many citizens
have suffered themselves be drawn into one evaposcent
political issue Of agitation after another appertaning TO
the same set OF opinions and which subsidized as RAPIDLY