Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1856-12-05

in effect it was treated on the occasion % e south
on Of the state OF California and the organization Of the
Sqeh was the state Of this when time
In the progress of constitutional Inquiry and
at length to be clearly that Congress docs
Character upon any future State Of tho Of this
In long series Of decisions the fullest argument and &c
tho United States had finally determined this point in evs
form under which the question could arise whether affect
main, of religion, of navigation and of servitude DO
The several States of the Union are force of the Con-
change law of domestic relation in the Sts
Maine no more can it in the State Missouri Any stat
right it coners nome If it on the statute
repealed, it remains there only q monument of IN
beacon of warning to the legislator and the stat.s snd
repeal will be only to imperfecton from 10
utes without affecting either in the sense Of permiss; sa
prohibton, the action the States or of or 81
Still, when the nominal restriction of this nat
dead letter In law was in terms repealed by the last
gre IN Oh me act organizing the territories of Kan
widespread and dangerous agitation. ''''n ="
1t was alleged that the original enactment heinz q ~
OF moral oogatlon It's repeal constituted o
breach of faith an 0oous
An act of Congress- while remains unrspealed, more
pecially 1t be consttutlonay valid in the iudomen4 -
those public faconaries whose duty is to Oh
that point is undoubtedly binding the conscience Of
good citizen of the republic But in what sense can II
serted that the enactment in question invested with
peuity and entitled to the respect of solemn compact P
tween whom the compact No distinct contendnp
of the government, separate sections the Union
treating such entered into treaty spuations on the %
d an ILL.,
any other of legislation Received it,
nal shape and passed by compromise of the conflicting
pnions sentiments of the members of Congress But f
had moral authority over mems conseiences to whom ala
this authority attach Not those of the North who bSS
repeatedly refused to confirm by extension and who
zeaousy striven establish other and incompatible r.gn,
tons upon the subject And it, as it thus appears the sun
posed compact had obligatory force the North Of
it could not have had any the South for All S
compacts must be mutual and of reciprocal obligation
undue estimation Of the value of the law thew sye WIN
the view of mpartng to peculiar strength make it per-
Che Judgement and the will those who may uccceS thence
invested with similar responsibilities, and clothed With
b oso9n IN may prove the
be imperfect in detail and mpraccable execution And
then and right combine not merely to justify but to
require its repeal
The Constitution, it is all the depart
of the government legislative, executive judi
cia open to amendment by very terms and Congress
the States may in thr discretion, propose amendments
to it, solemn compact through it in truth between the
eregn States of the Union In the present instance po-
tca enactment which had ceased to have legal power
authority of any kind, was repealed The position assumed
strange enough and sngulary in view of the fact
the argument came from those who openly refused Obe
designation and quality compromise acts-nay, more who
unequivocay dregarded and condemned the positive
and obligatory inunctions of the Constitution ITSELF and
sought by within their reach to deprive por
ton of their of the equal enjoyment of those
rights and privileges guaranteed alike to all by the funda
mental compact of our Union.
This argument against the repeal of the statute line in
question: by another of congena charac
ter equally with the former destitute of foundation in
and truth 1t was imputed that the measure orgina
ted the conception of extending the limits of labor
beyond those previously assigned to it, and that such
it's natural we'll intended effect and these baseles
symptoms were made in the northern States the ground
unceasing assault upon constitutional right
The repeal in terms of statute which already obsO-
ete and also null 1nsttutonaty could have no
obstruct to promote the propagation of
fictng views of political social institution. When the
organizing the Territories of Kansas and Nebraska
passed. the inherent effect that portion of the public
domain thus opened legal settlement to admit settlers
from all the States of the Union alike each with hi,
their dscretion subject such limitations the Constitu
ton and acts of Congress might prescribe States here
open alike to ALL whether the statute line Of assumed
repeasd or not That repeal did not open to
field which, without such repeal would have
against them found that field of competition al
relieve the statute book of Objectionable enactment
constitutional in effect and injurious in terms to large por
Is it the fact that all the unsettled regions of the Uni
ted States emigration be left free to act in this reseo
will 60 everywhere in preference to fire.
the Southern States possess relatively much of vgor
that wheresoever is freely open to all the world
they will penetrate the exclusion of those of the Northern
States Is it the fact that the former enjoy compared will
the latter such rresstby superior vitality, Independent
climate soil and all other accidental circumstances,
able produce the supposed result in spite of the
moral and natural obstacles to its accomplishment and
the population of the Northern states7
laws Of restriction, and condemn the repeal of old
effect that their particular views Of governmer
have sefextendng sesustanng power Of their
will go where unless forced by act of Congress Ar
if Congress do but for moment in the policy of st
coercion venture to try the experiment of leaving
to judge for themselves what institutions will best suit Then
be not strained up to perpetual legislative exertion
this point Congress proceed thus to act in the very
~ of liberty charged with aiming to extend h
oil labor into all the Territories of the United States
Of course these imputaons the intentions of Congre
in this respect conceived as they were in reudce an
disseminated in passion are utterly destitute of just
caton in the nature of things and contrary to all the u
damenal doctrines and principles of civil liberty and eel
tn government
n While therefore, in general the people of the northern
States have at time, arogaed for the fedea
the power to interfere directly with the dOm
tic condition of the southern States but
contrary have disavowed all such Intentions and have run
Ii from conspicuous aaton with those few who the
fanacal objects avowedy through the contemplated meal
y of revolutionary change of the government and with
ceptance of the necessary Consequences civil and serV
ware many citizens have suffered themsevesto be draw
evanescent political issue Of agitation after anct
pperainng to the set of opinions and which u
sided rapidly they when to be SEEM as
ne uniformly did that they were Incompatible with the col
Thus when the acts of some of the States nuy ne
stng extradtion law imposed upon Congress the duty
of passing one, the country invited by agatOrs
party organization for its repeal but that a
ton speedily ceased by of the mpractcabity OF
My object So, when the statute restriction upon the ln
peaed country urged demand its restorat
and hat project alse died almost with its birth men
ion lowed the cry of alarm from the North against
southern which sprang IN reaht c
the the spirit of revolutionary attack on the domestic
OF bne 5csn hnd bv the Of patriotic pe
iic- Of this last agitation, one lamenaoe feature was %
carried at the immediate expense OF the peace
off was made the battle field not much of opposing taoo
and interests within ITSELF of the conflicting passions OF
o whole peope the United States Revolutionary dsoo
her Kansas had its origin in projects intervention DELHI
1y atey arranged by certain members of that Congress
enacted the law for the organization of the Territory
when proagandt colonization of Kansas had thus been
but dertaken section of the Union for the systematic
motion of its peculiar views of policy there ensud