Spirit of Jefferson. [volume] (Charles Town, Va. [W. Va.]) 1844-1948, 1856-12-06

Ithas moi unfreqnently- happened that laW-giVers
with undue estimation of the value of the Law they
! give, or in the view of imparting to it peculiai
strength make it perpetual in terms; but they can
not thus bind the conscience, the Judgment and the
will of those who may succeed them, invested with
sirnr responsibilities and clothed with equal au-
thoriy. More care ful investigation may prove the
! law TO be unsourd in principle. Experience may
show it to be imper feet in detail and impracti ible
in execution. Aud then both reason aud r bt com.
bno not merely to Justify but TO uire its repeal
The Constitution, supreme a. its over all he de-
paf'ments Of the legislative, executive
auG lIuelai IS open amendment by lis very terms;
ana gonsFess e the States may, in their discretion,
pt9pose s.aRndment to ii, solemn compact though it
sEnA Is between the sovereign States of The uni
I'm HE present instance, political enactmest,
witch had ceaset toshaye legal power or authority
nfsans Kind, WAS repealed The position assumed
tat Congress had no moral right to enact such.re-
peal was strange enough, aud singularly so in view
% iile tlct the rgument came from those who
openly refused obedi nee 10 existing laws of the
land, having Tie same popular designation aad
qnslit as comp roraise actsAnay, more, uuequivo-
cilsy disregarded and condemned the most positive
and Oh sanctions of the Constitution ITSELF
sptl soae Thy every means within their reach, to
derive portion of their fcllowcizens of the equal
enjoyment Of those rights and privileges GUARANTEED
alike TO all by tie fundamental compactof our Uni
on
The rep al in terms of a statute, which was al
ready obsolete and also null for unconstutioualiy,
could have no influence TO obstruct to promote
the propagation Of conflicting views ofpoltcal or So
cia institution. When the act organizing the Ter
rtories of Kansas and Nebraska was passed, the in
hercnt effect upon that portion ofthe public domain
thus opened to legal settlement, to admit set
tiers from all the States of the Union alike each
with bis convictions ofpublic policy and private in
tcrCst there found in their discretion subject to
such limitations as tie Constitution and acts of
Congress might prescribe, States, hereafter to
! be admitted in the Union. II was free field open
allie to all, whether the statute line Of assumed re-
gsfriction repealed or not. That repeal did not
opGnto free competition Of the diverse opinions and
domestic institutions field, which, without such
Zgerea, would have been closed against them: it
tonnd that field of competition already opened, in
fact ndinlaw. A l tile repeal did was to relieve
thesatute-book of an Objectionable enactment, I'M
coEsiitulonal in effect and injurious in terms 10 a
large portion of the States.
Ehis gument against the repeal of the statute
line. question, was accompanied by another Of
5eongenial character, and equally with the former
dsstltatc Of foundationin reasonnnd truth. 1t was
Imputed that The measure originated in the coucep-
tion ofextcndng tile limits OF slave labor beyond
those previously assgnedt it, and that such was its
natural MS we'll intended eect and these basecss
nssufsaps made. in the northern States, the
ground of unceasing assault upon constitutional
right.
Is it the fact, that in all the unsettled regions of
tho United States if emigration be left free to act in
this respect for ITSELF without legal prohibitions
Glitter side slavcabor will spontaneously go every
where, in preference to free labor? Is it the fact
that the peculiar domestic institutions ofthe South
States possess relatively much of vigor that
uEeresoever an avenue is freely open TO all the
Norld they will pen trae 10 the exclusion II those
OF die northern States? Is < the vi, that the for
mcr enjoys compared with the latter such irrcssli-
oly superior vitality independent of climate soil,
m" all other acciden tai circumstances rs to be able
to Produce the supposed result, in spite of the as
suInel al and natural obstacles to its accomplish
ment, and ofthe more numerous population of the
northern States?
= The argument those, who advocate the enact
mcnt of new laws of restriction. and condemn the
repeal of old ones, in effect that their particu
lar views ofgovernmert have selEextendng or
SC fsusaining power of their own, and will go no
where unless forced by act of Congress. And if
Congress do put pause for moment in the policy
Of stern coercion; if it venture to try the cx-
pertinent of leaving to Judge for themselves
y RtilstituiOnS will best suit them, if it lie not
strained up to perpetual legislative sxertion on this
points if Congress pro eed thus 10 act in the very
spirit ofliberty, ills at charged with aiming
extend slave labor into all the new Territories of
tse Hpi ted States.
Gconrse these impu tations on the intentions of
eeItress inths respect, conceived as they we're in
and disseminated in passion are utterly
destitute ofany justification in the nature of things
and contrary TO all the fundamental doctrines and
Pripciplss Of civil liberty and selEgovernment. 81
Wilde her FORE in general, the people of the nor
eFn Statcs have never, at any time, arrogated for
efal government the power TO interfere direct
ls5Nsth the domestic condition ofgressenss in the
southern States, but the contrary have disavosyed
all such Intentions and have shsunk from corspics-
ous,aflation with those fcwgwho pursue their IA
Hadcal objects ayowsaly through the contemplated
means of reyolntionary changesef government, and
sill acceptance Of the necessary Consequence
civil and seryile waryet many citizens have suicr-
ed Themselves to bedfagn intosone esanescent po-
litIca issue of agitation alter 5ano tier apperning
= same set Of opinions, and width subsiied as
l'i-4 rs lAe} arose WAsnit CAME 10 ne seem rs II
uniigEmly did, that they we're Incompatible with The
c2nifacts ofthe Constitution and the existence oil
the Onion. Thus, when the acts Of some of the
SlRtss TO nullify the existing e4tradtion law inn
pose upon Congress theduty ofpassing d new one,
the country was invited by agitators to enter into
paFty organizations for its repeal; but tina agita-
tea speed ceased by reason of the imprac cability
ofils object. So, when thestatues upon
tie sas'iieiions Of new States, by Geographical
lire, had been repealed, the country was urged 10
demand its restoration, and that preieci also died
almost with-its BIRTH Then followed the9cry of /
aiaFn from the North against impntel Southern en=
croschments which cry sprang in reality from the
Spirit Of revs.. attack on the domestic inst
tutions ofthc South and; after troubled existence
Of few months has beop rebuked by tAs5yoice Of
people. ,e
: ofis last agitetion one lamcntaJle tsatiire was
that carried On, at the immediate expense of
the peace happiness ostae people ofthe Terrific
rssofsSansas. Thist was made the battlefield, not
mich Of fsiae1fi- f.tions .I