Oxford Democrat. [volume] (Paris, Me.) 1833-1933, 1856-12-05
nv HE OK FORD u EN- O RIA II.

cisions. ON the fullest argument, and ate
the most deliberate consideration, the ~
rr,mc Court of the United States bad iuall
Determined this point, 10 every form uude
winch he question could arise, whether a
affecting public or private righ's--'n que'
tious OF Toe public domain, OF religion, q
navigation, and OF soryiiudc.
The several States OF the Union are, q
force of the Constitution. co-cqualin dome'
tic legislative power. Congress c'hno
change a law oi domestic relation In u
State Of Maine; NJ moro can y IN W
State Of Missouri Any statute which Pr
poses n DO this ga mere nullity u Ws'
away uoritht. It conicrs none. II u remain
ON thc statute book uurCpnlsJ, II remain
there uuly as q monument ui error, ana
beacon of warning u the legislator AMI TO-
statesman. 10 repeal It will b. only TO ~
move impcrlcciion from the statnteS' wan
out affecting, either in The sense OF rcr'n,'
sion or oC prohibition, the action OF VI
States, or Of their citizens.
Sull, when the nominal restriction OF TN
nature, ALREADY dad letter IA law was II
terms repealed hy he last Congress, IN
clause of the act organizing The Tcuitorio
Of Kansas and Nebraska. that repeal wa
made the OCCASION ola widespread and IAN
ccrous agitation.
IL was alleged ihal the original enactment
being compact of 'crpctual moral 9hhsa
ton, IL repeal constituted an od'ou' tre'ei
of faith.
IN act Of Congress. willie IL remains un
repealed, more csrcsially II u Ice cunsitu
iiGually valid in the Judgment OF those rub
lie functiouarics whose duty 1t i 10 PRO
nouucc on that point, Is undoubtedly b'ndln'
on the conscience of nch good citll,n ct The
Republic. Rut IN wat sense can II bc a.
serted that the enactment in question Wa
invested with pcrpotuty aud entitled t' 'h'
respect Of solemn COMPACT Between
whom was the cumpct' No distinci con-
tending powers oi he government, no ~'l'
aratc section, of toe lniun, treating assuoh
entered into treaty Srulaiiuu' on The sub
vet. IL vas mere dlusc IT an act Ut Con
ctrss. aud like any ohrr conttol,Ti'd mat.
ter 1T legislation, rceiycd IT, hnal SHAPE and
Ma passed ~ comIrmisc ul TIE conflicting
opinions or ssniiTct's ct the members VI
Cunrrc,s Hut II IL had moral authority
over mems cou,giCuoe 60 whom dld tbs au'
thury attach Not 10 those ct thc North,
who had repeatedly f.usoI 90 CuUi.rm II ly
extension. and who hd ialuusly s,riycu Ga
establish other and Incompatible regulations
urou the suhrct. Mi ". as u thus appears
the Supposed comIai lad No obligatory
force ~ D. tie North OF cour,' 70 could not
have hai any A. 60 &c south, iur All such
compact must De- Mutual and Of reciprocal
obligations
Il has not uulrcq,on,ly happened that
law.ei,,r,, with unluc estimation Ut The
value ol the law thrysi,c, or IN ,hc view ol
imTariing o. iipecBnr strength, make II
Ia terms hut they cannot thus
bud the conscience, Dee Judgment, and The
will OF ilu-e WHO ma succvyd them, invest
"a with similar rysIoisihiIitiDs, and clothed
with equal authority Mosr clr'.ul inv,'-
tga,iou may prove d. law % h'ursouud tu
ENpyriynC may show % tn h'
imU,Ti,c, in detail an ImpuciIcahlc in *
,gutiln. Aul thn5oih reason and right
combine 10, merely - justify, luii' require
It, r,r'al.
Tho Constitution supreme ~ il i over
all lhr departments the government, lrc.
i,laiiyc executive, Ud Judicial, - open to
amendment hy 10. Wy terms and Cong"
ur tbc State NAV. n thrir discretion, pro,
pose amendment o. :, solemn compact tho
10 iu truth is hsiWri thr sovereign states ui
the Union. IN therry,,nt instance, a 10
liiJll enactment, which hal ceased % have
LEGAL power ~ authority pr any KIND, was
repealed. The position assumed, that Con.
gre, bad no moral ri.ht O. enact such repeal,
was strange yuausl, aud -inguarly ~ 90
view II tie Tact that The argument came
FROM ihu,a who uI1ly refused obedience o.
existing laws ~ lh lnuI, having tlir same
popular dc-icuaiiunaul quality as comrro.
mi.r acts-uay, intr. who uUrlunueillN
disr,.lrirlauI cpuCmuol the most positive
and obligatory Injunction. of the Cuustitu-
iiuu it-eli. and slugt, hy every means with
in ih.,r roach, O. dCUfiyr portion It their
fellow citizens OF IT, equal cupymcut u'
thp-c right, aud Tyiilcgs guaranteed alike
o. al BY the fundamental compact OF our
mon.
This argument aniuSt the repeal of tho
statute line in gucs ion, was ACCOMPANIED
ly another u cpu,cual character, and
equally with tAc ilruyr destitute OF iuuuda.
ton M reason and Truth. II was imputel
that the measure originated IN the concrp-
ton Of extending th, limits u slave labor
beyond those Irc,i0u,y assigned u, and that
such was 10. natural - well as intended ci-
tcct aul th,.c hlsls.s assumptions we're
made, ia ,hr northern States, the ground OF
uucclsins assault JPN constitutional right.
Tho repeal ia turns ct = statute, which
was alrAiy obsolete aud alsp nall Vt un-
c0n,'l,uu1ullty, oIul have no influence o.
obs,ruct or % prom0c the propagation ot
conflicting views OF Political ur social insil-
tuition. When the aC Organizing thc Terri.
tories Of Kansas aud Nebraska was passed,
the inherent effect Jpn that portion oi the
public domain thus Ccucd % legal settle
mCut, was % admit settlers from AL ui the
STATE, OF do, Union alike, each viii his cuu'
NictIuus OF public polio aud private iutcrc't,
there o found iu ihcltd.grrii1n, suhFct a.
such Limitations differentiation and acts
ui Congress might prescribe, new Sutc',
hereafter e. b. admiitl into the Union. II
was q tree field, opcn alike 20 all, whether
the statute line VI aSimcd restriction were
repealed or not. Tina repeal did not open
a tree competition OF H. divers" opinions aud
domestic Institutions aiield, which, without
such repeal, would hn, been closed against
them IL found that GID OF competition al.
ready opened IN fact and In law. MI the
repeal did was o. relieve the statute book OF
au Objectionable cnactH nj, Unconstitutional
ia effect, and inJuriOu in terms 10 a larsJ
portion Of :hc State.
l. il the fact, that, in all the unsettled
region. Of the United States, II emigration
be- len free Ia act ia It's respect for itself
without legal prohibitions On either side,
wall Spontaneously 90 cycrywhcr,
in preference 10 tree labor? lsita fact, that
the peculiar domestic institutions OF ID,
southern States posses relati,elysl mach Of
yigOr, that, whyrgsUry,r au avenue j. freely
,,.u q, III ,lD world fl.t, y,tll t,4petrlt,