Virginia free press. (Charlestown, Va. [W. Va.]) 1832-1916, 1856-12-11
MORNING, DECEg: Err II, 1855.

every TORN under which Tie question could
arise, whether A. affecting public or private
rigbts--in question. of the public domain. Of
reiigion, OF navigation snd q servitude.
IhaseverAl States of the Union, are, by
force 81 the Constitution, co-equal in domestic
legislative Powsr. Congress eanno, change a
law Of domestic relation in the State Of Name;
no more can II in the State Of Missouri. Any
statute which proposes TO DO this !. a mers null
lily : il takes away 30 right, IL confers none.
IL remains on the statute took unrepeaicd, IL
remains there only as a mo umeni of error,
and beacon OF warning 10 the legislator and
the statesman. 10 repeal it viii be only to
remove imperfsctioa from the statutes, witbeu,
affecting. either in the sense q permission or
Of prohibition, the action Of the Sta,es, or Of
their citizens.
Still, when the nominal restriction Of this
uatare, already dead letter in Ian, sa-, in
terms. fepcaled By the last Congress In clause
of act organizing the Territories Of Kansas
and Nebraska that repeal MAS made the ooca.
ZION Of n wide spread aud dangerous sgita.
ton.
], vas alleged that ths original enactment
being compact OF perpetual obligation, its
repeal constituted odious breach of faith.
An act Of Congress. while Il remains unrs-
peAlei, more especially II il be constiiuIionally
valid 10 the Judgment Of those public func-
iionaries whose duty is 10 pronounce on that
point, is undoubtedly binding on the conSei-
enee Of each good citizen Of the Republic
But in what sense can il be asserted that the
enactment in question was invested with per.
pctuity and entitled the respect Il solemn
compact Between whom as the compact
! No distinct contending POwers Of the govern
nent. no separate sections of the Union, treat
ing As such, entered into treaty stipulatioHs on
the subject. Il was mere clause Of an act
/ OF Congress, aud bk. any other eontroyeried
matter Of Legislation, received its final shape
and was passed by compromise Of the con-
| ficting opinions or sentiments OF ihs members
Of Congress. But il it had moral authority
over men's eonsciences, TO whom did this au-
/ thorily attach Not 10 those Of the North,
/ who had repeatedly refused to confirm il bv
| extension, aud who had IeAlously striven
to establish other and incompatible regulations
upon the subjsct And IT, as it thus appears,
! The supposed compact had no obligatory force
/ as TO the North, Of course il could not have
! had any as TO the South, for all such eompacts
! must be mutual and reciprocal obligation.
II has not aAfrequently hAPpened that w-gvers,
/ with undue estimation Of tie value Of ihe law they
give, or In the view OF imPariing to Il peculiar
strength, make Il perpetual in ,errs bat they
/ not thus bind the conscience the Judgment and The
will OF those who may succeed them, invested with
similar responsibilities, and clothed with equal as-
thority. More careful investigation may prove the
! law to be unsound 10 principle Experience may
show Il TO be imPer feet n detail and lmPraeticabe
in execution. And then both reason and right com
bns not merely TO Justify, but TO require iS repeal
Tho Constitution, supreme as Il is ali 'hc de-
pari1euis Of the government, legislative executive,
aud judicia is open amendment by its very trrns;
aud Congress the States may Ia their discretion
propose aEssniment To it, solemn eompae, thopgh II
Ia truth is between the sovereign States Of the Uni-
ou In the present instance, political shAetmsai,
1 which had cease 20 have legal power or authority
Of am Kind, vas repealed. The position assumed
that Congress had no moral right 20 enact such re-
peal, was strange enough and sngulhrly % in vieE
Of ,he fact that the argument from those Who
! openly refused obedI nee 10 existing laws OF The
7 land, having the same Popuiar designation aSd
! quality as eomPromise ar,s--nAy, more, uasquivo-
I eally disrsgarded aud Condemned the Dos, positive
aud obligatory iHiuneuoas ofibs Consultation itself
T, aad sought by every within their reach, 70
deprive portion their icloW-etiEsns Of the sqnSl
snoymsni q those rights and privileges guaranteed
alike TO all by the fundamental oomPa7tof our Uai-
on
The rep al 10 terms Of statute, NhIeh was al
ready obsolete, and Aiso hali iot uHeous,taiiOnaty
could have no iaAusncs 10 obstrurt or 10 Promot,
The propagation Of conflicting views ofpoiitcal or 90
eiai inst,utioa. When the act organising The Ter
ritories ofKsnsas aud Nsbraska passed The In
heren, eaec, sPoa ,hsi portion ~ fhe pshle dsrsH
ihua opened 70 legal ss,tismenI, was TO S1mit set
ilPs from al he Stats o, ihs rgl2ro ftltf saeh
~ soisuau tufts 49, '1e Da'''' - -
sre-
With bis eonvictioas Of pbie policy sad prva,s In
tefest there 70 found Ia tbsr dscreton, babset 20
sueb llmitstiOus as tie Consultation aud acts o.
CosgreE might prescribe, nsu States, hereafter 90
bs admitted 10 tte Uaion. Il vas fres ssid, oysn
alike TO all vSsthsr the statute lice Of assumed re-
Erisiioa we're FeIsalsd % not That r,psai asa not
open 70 free eopslisioa ol he diverse opinions and
domestic inssilutioss seid, vbish. vlthoat such
repeal, would have been oiossd asalnr, TEEN q
f0BHa ihs, as'd Of eo@Ps,ltiOa already OPsnsd, ia
Get an q 10 lac. Al ths repeal dia vas to relieve
te siatBis- book Of 20 objsstioaabs saasimsbt "a
consttaiionai in eject and injarioas 10 terms 10
large portion 81 ths States
This srgumeut sgsinsi ne rtreai of ti-s statute
line 10 question, wss scoomFaHied by asoihsr .
eooFsalsl character. sod squaiiy With ma iornsr
dstuuts ~ fouadausa 10 rsasoa ana hath Il 80
lmpatsd ths ,hs oririnstsa IN re coucsp-
tios q ofsElssains he limits Of slave iabof tsyond
lss previously sssEssd 70 IL snd t.t sch va sts
paiara 81 us as intsaded sEset asd ihsss bsseiess
asss@piloas usrp ussia 10 is nsrtisFu siaiss 80
gfound q uuosasinE asssat apoa eoffliut0nai
dght
T. q ~ frf thst 10 sll ne ansstilsd fsriona ~
~ Unitsd siaiea n raiaraiion b. sn sts 20 aet ia
fhs fsspsei ~ itssG si,oat lsgsi Pfohibitoas o.
stisr side. fare-abor uiH Spostshsoasiy 30 srsfg-
uhars, in psef,feacs 10 fsn lstogi ia u ths fset
liai tbo pscuar dousesuc insiitutoes sfihs gsuii-
cru ststss possess relatively - muth of gigof, hst
vhsfssosres 81 syeaas b fsssiy spsa - ~ as
uofld ,bsg sih geo ifaie 10 ~ srslasion of aoss
~ ~ norhsfn euttsi hh ~ hsi llst fts fsr-
uaof so8y, oonpsrcd siih hs laiiss ssth hfsslsfi.
~ supsfiss sitaiifY. intspFudsat q slif1ais sa
aud s olhsf ssci8eat ~ escumssasss e. 70 - shis
is pfudacs ~ szpposss rssuit n sgita 81 o. -
samsa nosi asa nsisrai sbstssss iss sscsubi.st-
nstt ssi sfd.s aarp nsntfsss pspaisiioa n o.
usfstsrh Stsfss7
"a srgaufnt of ttoss. 40 sf7ocse its snaet
nsui 81 Nv Ices 81 fssistclisa sai aas1saan ias
rsresl n "a aass ia sst sssrt thsi ihsir psfics