The Union and eastern journal. [volume] (Biddeford [Me.]) 1854-1858, 1856-01-11

was received by the Northern States with
angry and resentful condemnation and COM
plant, because il did not conceie all which
they had cxactingly demanded. Having
passcd through the forms of legislation, it
took its place in the statute-book, standing
open to repeal, like any other act Of doubt
full constitutionality, subject TO be pronOun-
eel null and void by the courts of law, and
possessing no possible efficacy to control the
rights of the States which might thereafter
be organized out of any part OF the original
territory of louisiana.
In al this, If any aggression there were,
any innovation upon pre-existing rights, TO
which portion Of the Union are they justly
chargable?
This controversy passed away with the
occasion, nothing surviving il save the dor
inant letter Of the statute.
But long afterwards, when, by the propO-
sed accession Of the Republic of Texas, the
United States were to take their next step in
territorial greatness, a similar contingency
occurred. and became the occasion for sys-
tematized attempts 10 intervene in the do
nestle affairs Of one section of the Union, in
defiance of their.rights as States, and OF the
stipulations Of the Constitution. These at
tempts assumed u practical direction, in the
shape Of perseyering endeayors by some OF
the representatives in both Houses of Con-
gre-s, to deprive the Southern States of the
supposed benefit Of the provisions of the act
authorizing the organization of the State of
Missouri.
But the good sense of the people and the
vital force of the Constitution triumphcd
over sectional prejudice and the political err
rOrs Of the day, and the State of Texas re-
turned to the Union IA she was, with social
institutions which her pcople had chosen for
themselves, and with express agreement, by
the re-anncxing act, that she should be sus-
ceptible Of subdivision into plurality of
States.
Whatever advantage the interests Of the
Southern States, rs such, gained by this,
were far inferior in results, rs they uniOlded
in the progress Of time, to those which sprang
from previous concessions by the South.
To every thoughtful friend Of the Union,-
20 the true lovers Of their country,-to all
who longed and laborcl for the full success
Of this great experiment Of republican insti-
tutions,-it was cause of congratulatiOn
that such an opportunity had occurred to
illustrate our advancing power ON this con-
tinent, and 10 furnish to the world addition
nj assurance of the strength and stability of
the Constitution. Who would wish TO see
Florida still European colony? Who
would rejoice To hail Texas rs u lone star,
instead of one in the galaxy Of States? Who
does not appreciate the incalculable benefits
of the acquisition Of Louisiana And yet
narrow views and sectional purposes would
inevitably have excluded them all from the
Union.
But another struggle ON the same point
ensued, when our victorious armies returned
from Mexico, and it dcyolved on Congress 10
provide for the territories acquired by the
treaty of Guadalupe IIidalgo. The great
relations of the subject had now become dis
tinct and clear to the perception of the pub
lie mind, which appreciated the evils OF sec
tional controversy upon the question Of the
admission of new States In that crisis in
tense solicitude pervadcd the nation. But
the patriotic impulses Of the popular heart,
guided BY the admonitory advice of the
Father OF his Country, rose superior to all
the difficulties of the Incorporation Of new
empire into the Union. In the counsels of
Congress there was manifested extreme an
tagonism of opinion and action between some
representatives, who sought by the abusive
and unconstitutional employment Of the leg
islatiye powers of the government TO inter
iere i'm the condition of the inChOate States,
and 10 impose their own social theories upon
the latter; and other representatives, who
repealed the interposition of the general gov
ernment in this respect, and maintained the
demonstrating rights of the States. In
truth, the thing attempted was, in form
alone, action of the general government,
while in reality il was the endeayOr, by
abuse of legislative power, to force the IDEAS
of internal policy, entertained in particular
states, upon allied Independent States
Once more the Constitution and the Union
triumphcd signally. The new Territories
We're organized without restrictions on the
disputed point, and were thus left to judge
in that particular for themselves; and the
sense of the constitutional faith proved Wig
urous enough in Congress not only u ac-
complish this primary object, but also the
incidental and hardly leSs important one OF
50 amending the provisions OF the statute for
the extradition of fugitiyes from service, Us
t. place that public duty under the safe
guard of the general government; and thus
relieve il from obstacles RAISED up by the
legislation of some Of the States.
Vain defamation regarding the provisions
of law for the extraditiOn OF fugitiycs from
service, with occasional episodes of frantic
effort tO Obstruct their execution by riot and
murder, continued, for brief time, to asi-
tate certain localities. But the true princi-
pie of leaving each State and Territory to
regulate il own laws of labor according to
its own sense of right and cxpediency, had
acquired fast hold of the public Judgment,
10 such a degree, that, by common consent
it was observed in the organization OF the
Territory of Washington.
When, more reccntly, il became requisite
to organizc the Territories of Nebraska and
Kansas, IL was the natural and legitimate,
il not the inevitable, consequence OF previous
events and legislation, that the same great
and sound principle, which had already
blen applied to Utah and New Mexico,
should be applied to them; that they should
stand exempt from the restrictions proposed
in the act relative IN the State of Missouri.
These restrictions were, in the estimation
Of many thoughtful men, null from the be-
ginning, unauthorized by the constitution,
contrary to the treaty stipulations for the
cession of Louisiana, and Inconsistent with
the equality of the States.
They had been stripped Of all moral au-
thOrity, 10y persistent efforts To procure their
indirect repeal through contradictory enact
mcnts. They had been practically abrOsa.
tcd by the legislation attending the Organi-
zition of Utah, New Mexico, and Washing
ington. IL any vitality rcnained in them,
il would have been taken away, in effect, by
the new territorial acts, in the form origi-
nally proposed TO the Senate Mt the FIRST ses-
sion of the Last Congress. IL was manly
and ingenious, Us well as patriotic and Just,
& do this directly and p~inly, and thus ~
lieye the statute book OF an act, which might
lie os possible future injury; and the meas
ure of its repeal was the Enal consummation
and complete recognition Of the principle,
that no portion Of the Unitcd States shall
undertake., through assumption of the pow
en- Of the general government, 10 dictate the
s.,.;, Al institutions nf anv nthar ,,nr,inp