The Middlebury register. [volume] (Middlebury, Vt.) 1850-1882, 1856-12-10

monious cooperation between the au
ihoritics of the United States and of the
several States, for the maintenance Of
their common institutions which existed
in the early years of the Republic, was
destroyed conflicts came to be frequent:
and Congress found itself compelled. for
the purpose of the Constitution and the
| vindidcton of its power. to authorize
the appointment Of new officers, charged
with the execution of It's acts, as if they
ard the officers of the States were tho
ministers. respectively of foreign govern
ments in state Of mutual hostility,
rather than fcllow-moaistrates of a
common country peacefully subsisting
under the protection hf one well.consti-
tuted Union. Thus here also, agrees
ion was followed by reaction and the
attack upon the Constitution of this
point did but serve to raise ~ new bar
riers Cor its defense and security.
The third stage Of this unhappy soc.
tional controversy was iu connection
with the organization of territorial gov
ernmcnts, and the admission of new
States into the Union. When it. was
proposed to admit the State Of Maine.
by separation of territory from that of
Massachusetts,. aud the State of Nilsson,
ri, formed of a portion Of the territory
ceded by France TO the United States.
representatives in Congress objected to
the admission of the latter unless with
conditions snited to par licular views Of
public policy. The imposition of such a
condition was successfully resisted. But,
at tie same period, the question was
presented Of imposing restrictions upon
the residue Of the territory ceded by
France. The question was for tho time.
disposed of by the adoption Of geo
graphical line Of limitation
In this connection it should not be
forgotten that Franceof her own accord,
resolved, for considerations of the most
far-sightcd sagacity, to code Louisiana
to the United States, and that accession
was accepted BY the United States. the
latter expressly engaged that "the inhah-
itnnis Of the ceaed territory shall be in
corporatcd in the Union of the United
States. and admitted as soon as possible
according to the principles of the FEEDER
al Constitution, to the enj 'ymept Of all
the rights, advantages and immunities
OF ctizons Of the United States and in
the meantime they shall bo maintained
and protected in the free enjoyment Of
their liberty, pr0pcHg. and the religion
which they profess"--that is to say,
while it remains in a territorial condi.
tion, its inhabitants ara maintained and
protected 10 the ffec enjoyment Of their
liberty and property. with n right then
to PASS into the condition Of Statss on a
footing ofperfcct equality with the orig
ina) States.
The enactment. which established ;he
restrictive geographical line. was ac-
quicsccd in rather than approved by the
States of the Union. It stood ON the
statua'c book, however for number of
years and the people of the respective
States acquicsced in the recnnctmcnt of
of the principle as applied to the State
of Texas; and it WAS proposed to acqri'
escc in its fur'hcr APPLICATION to The terri
tory acquired by the United States
from Mexico. But This proposition was
ucccssfully resisted by the representa-
tives from the Northern States, who re-
gardltss of the statute line, insisted up
on applying restriction to the new terri
tory generally. whether lying north or
south of it, thereby repeating it as leg
islative compromise and, on the part Of
the North. pcrsistcnily violating ths
compact. il compact there was.
Thereupon this enactment ceased to
have binding vrtuein any cesH, whether
as respects the North or the South and
so in effect it was treated m the occasion
of the admission of the State Of Califor-
MIA, and the organization of the Terrific
res of New Mexico, Utah and Washing
ton.
Such was the state Of this question,
when the time arrived for tho organizl.
tion Of the Territories Of Kansas and
Nebraska. In the progress of con',itu
tional inquiry and reflection, it had now
at length come to be seen clearly that
Congress does not possess constitutional
power to impose restrictions of this char
aeter upon any present or future State
of the Union In a long series Of dccis-
ions, on the fullest argument, and after
most deliberate consideration, the Su.
preme Court of the United States had
finally determined this point, in every
form under which the question could
arise, whether as affecting public or pri-
vatc rights-in questions of the public
domain; cf religion, of navigation. and Of
servi;ude
The several States Of the Union are,
by force Of the Constitution, co equal in
domestic legislative power, Congress
cannot change law of domestic relation
in the State Of Milne; NJ more can It in
the State of Missouri, Any statute
which proposes TO do this il mere null
lity it takes away no right, it confers
none. IL IL remains no the statute book
unrepcalcd, it remains there only as a
monument of crror and beacon Of war
ming to the legislator and the statesman
To repeal it viii be only to remove i'm
perfection from the starutes without af
fecting, either ia the sense of permission
or Of prohibition, tue action Of the States,
or Of their citizens
Still, when the nominal restriction Of
this nature, already dead letter in law,
in terms rcnealed bv the last Convross