The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1856-12-03

OF their governments aimed 10 facilitate she e.oape Of
persons held 70 service in the Southern States, and to
prevent their exra6iton when reclaimed according to
law, and In virtue Of express provisions OF the consu
ioD To promote this OBJECT legislative snacsments and
other were adopted 10 take away defeat rights
which the constitution solcmnly guaranteed In order 70
nuy the then existing act Of Congress- concerning the
yossss sss. from o9odSog os os
under the severest penalties, 20 participate In the
execution OF any act Of Congress- whatever In this
way that stem OF harmonious cooperation between
the authorities Of the United States and of the
Stsee for the maintenance a their institutions
which existed In the early years or the repabIc
ssroyed; conflicts OF Jurisdiction came TO be- frequent aud
Congress found reli compelled for the support of the
corsnsuticn ana the vinaioatsn OF u power to aahn
rize the appointment oil new officers charged with
execution OF It's acts as they ana the officers OF tue
States the ministers, respectively Of foreign gov
ernmens in state Of mutual hostility rather than el
low magistrates Of . common country, peacefully sub
tirtiDg under the protection OF wet constituted
action; and the attacks upon constitution at this
point did but serve to raise up new barriers for It's de-
fence and security.
The third stage Of this unhappy sectional controversy
in connection with the organization OF territorial
vernments and the admission of States into the
tnion When II was proposed to admit the State Of
Name by separation Of to, rtory from that OF Msssachn
tes and the State OF Missouri formed of portion or the
territory ceded by France 70 the United atss represen
uLiess with cor doDs su ed TO particular views OF Pablo
policy. The imposition OF such condition euccess.
fry resisted Bet at the rame pero, me question
presented OF IMPOSING RESTRICTIONS upon the residue Of
e territory ceded by France That question was for
the time, dsposed OF by the adoption OF geographical
lne Of limitation
coDnecton should not forgotten that Fraucs
OF her own accord resolved for considerations of the
most far siehied ssgacy cede Louisiana to the Uniet
Staes ano that accession was accepted oy ne Uoited
states the latter expressly engaged thai "the inhabitants
OF ceded tervory shalt be Incorporated u the Union
OF the United sstes and admitted posslole
sccordpg 10 The principles Of the federal constitution
the enjoy ymept Of ali tho rights advantages and inuni
ties OF citizens OF the United States and IN tha meantime
they shall be maintained and protected in the fres enjoy
nept Of Their liberty property and the religion which
sorai diron, Its inhabitants maintained and po
tscted In the free enjoyment Of their liberty and pro-
perty with rghI then to pass into The condition Of
States on footing OF perfect equality with the original
States
The enactment which established the restrictive
proved by the States Of Union stood on the statute
book however for number years and the people OF
the respective States acquesced in thu reenacment Of
the principle applied to the state of Texas; aud
proposed scquesce In its furthsx application TO the ter
ritory acqured by the United States from Mexico Bat
this proportion successfully ressted by the pre-
sensves from the Northern States who regardless Of
the statute lire insisted upon applying restriction TO
Of II, thereby repeating il a. legislative compromise,
and, the part OF The North persh tenty violating the
compact II compact there was
Thereupon this enactment ceased TO have binding vir.
tue any sense, whether respects the North
South and 30 in effect was treated on the occasion OF
the admission Of the State Of California and the organiza
uon OF the Territories Of New Mexico Utah and Washing
ten.
Such the state Of this question when the time
Eebrsska In ,be progress Of constitutional sqnsy aud
reelection, had now at length come TO be- scen clearly
mpo,e Of this Character upon any present or
future State OF the Unop In long series Of decisions,
or the fullest argument and after the most deliberate con
alteration the Supreme Court NJ An. H~',-A s'"'--
finally determined this, $1,000 .-.-.ss nsa
tie quess". ,r,, ysn. IN every form uodsr which
pnvzss r,ehsin questions Of the pubic doaia, OF rel
gion, oil navigation, and Of servlude.
1he several State. Of the unial are by forcs or the
a iva
eas nanAos change Law Of domestic reiArlu In zoe
state Of Maine; no more can Ia the State Of Missouri
Any statute whch proposes TO do this Ii nuly;
lakes away right, II consrs II remains oa
the statute book uprepcaed, remains there ouiy as
TOR and The statesman TO repeal Il VIII be- eniy 70 -eogs
imperecon from the statutes without Affecting either In
the sense Of permission or Of prohibition. the action Of
the States or Of their citizens.
Sti when the nominal restriction Of this nature al
ready dead letter Ia law Yves In terms repealed oy tue
last Congress- in clause OF the rsAnizng the Terri
tories Of and Nebraska that repeal made
occasion Of wide spread and dangerous agitation.
Was alleged that the original enactment being CON-
pact OF perpetual moral obligation It's repeal constituted
% odous breach OF faith.
An act OF Congress-, while II rcmsns unrepcaled more
cspecaiiy n be cons,itutonaily valid the judgment
OF tnosc public func,ionariss whose duty It to pro
rounce on tha, point Ia undoube lily binding the
science Of each good citizen Of the republic But ia what
was invested with perpetuty and eut led 10 the respect
OF solemn COT onpscts Between whom wa, the compacH
No oistinct contendioe powers Of the government no
separate sections Upion treating SUCH entered
into treaty stipuatons the subject II CLAUSE
oCongress like any other matter
OF legislation, received M nnal shape and passed py
cempromse Of the conflicting opinions or sentiments OF
the members ot Congress-. But II II had moral authority
tachY Not 70 those OF tho NORTH who epcatcdy rs
frsed 10 conhrm by extension, aud who bad zoaously
upon tho subject And NJ thus appears, tho supposed
compact had obligatory to tho North of course
could not have bad ary TO the south, for all such
compacts must be mutual and Of reciprocal obligation
has not unfrcquenty happened thN iawgivers, with
undne estimation Of the value Of The law noy give 10
view Of impsrtirg 70 IL peculiar strength make u perpet
ua terms but they cannot thus bind the cience
the Judgment, and the will Of those gbo may succeoc
them, invested with similar responsibilities, and clothed
With equal authority. N IRE caRfui Investigation may
prove the law 10 be uusound u principe Experience
may show 70 be imperfect 10 de,al and impr rAc,csbo
10 execution. And then both aud right nolne
not merely 10 justify, but 10 require iu repeal. #
The constitution, supremo ~ over all the depart
mer's of the government legislative. executive and
Congress the States may Ia thor discretion propose
amendment 70 II, solemn compact though II IN truth s
between the sovereign States Of the Uuon In the pre-
sent instance political ensctmcn which had ceased TO
have legal power authority OF any kind, repeated
The position assumed that Congress had no mo
raj right TO enact such repeal, was strange
enough, and singulsry In Wow OF the fact
that the argument came from those who openly
refused obedience 10 existing laws OF the Hand hv
Ing the popular designation snd qus lily compro
mice acts nay more, who unequiyocally dlsregarded
ana condemned Inc most pcstvo and obligatory iuJunc
lions Of The constitution iuef and sought, by every
means within u cir reach 10 deprive portion Of their
feos cz' Of the equal enjoy mont OF those rights ami
privileges guaranteed alike 70 all By the fundamental
compact OF our Cnion.
Ths Argument against the repeal OF The statute line In
question, accompanied by another OF oongons cha
rscter, and equally with tho former oessase u founta
ton In reason and truth. II was imputed thas the
sure originated IN the conception ling limits
OF slave labor beyond those pre- vcusly Assgaod TO H. ad
that such ite natural we'll intended eiecs and
these bascless assumptions made In the Northern
states the ground Of unceasng assault upon consa nona
right
Tho repeal In teFms Of statute which was already OBJ
solete and also null for could have
Influence TO obsrnct 10 promote the propsga,ou OF
conflicting views OF political social institution. when
the act ganizng the territories Kansas and Ne,ras
ta passed the inherent effect upon that poron Of
the pubic domain thus opened 10 legal settlement
10 norn settlers from all the States Of the Union ahke
each with hts convictions Of public policy and private
interest," there 70 found In their discretion, subject
such limitations as tho constitution and acts u
congress- might prescribe, new states, here
after 10 be admitted into the Union II
free Geld, open alike 10 all, whether tue statute
line OF assumed restriction repealed not hst
repeal old not open Tree competition OF tho diverse oi
Mons and domestic iDsututons Geld, which, without
such repeat, would have been closed against them: II
found that field OF competition already opened In fac. and