The daily union. [volume] (Washington [D.C.]) 1845-1857, 1856-12-03

TO be frequent and Congress found itself compelled, for
the support OF the constitution and the yindcaon of It's
power 10 authorize the appointment OF officers charged
with the execution Of its acts If they and the officers OF
the States the ministers respectively of foreign gov
ernments in state of mutual hostility rather than fellow
magistrates Of country, peacefully subsisting
under the protection of wellconsuted Union. Thus
here also aggression followed by reaction and the
attacks upon the constitution at this point did but
10 raise up barriers for its defence and security
The third stage of this unhappy sectional controversy
in connexon with the organization OF territorial gov
enments and the admission OF States into the Union
When it proposed TO admit tie State of Maine by
separation OF territory from that OF Massachusetts and the
State Of Missouri formed of portion of the territory
ded by France TO the United States representatives ia
gress objected TO the admission of the latter uness with
conditions suited to particular views of public policy
The imposition of such condition successfully resist
ed But at the same PERIOD the que ton presented of
imposing restrictions upon the residue OF the teror; ce
ded by France That question WAS Tor the time disposed
of by the adoption of geographical line of SANITATION
In this connexion should not be forgotten that when
France of her accord resolved for considerations of
the most farghiea sagaciy to cedo Louisiana To the Uni
ted States and that accession was accepted by the United
States the latter expressly engaged that the Inhabitants
of the ceded territory shall be Incorporated in the Union
the United States and admitted possible
ding the principles of the federal constitution 10 the en-
joyment OF all the rights, adyanages, and immunes of
citizens of the United Sates and in the mean time bev
shall be maintained and protected in the enoyment Of
their liberty property and the religion which they pro-
fes"that is say, while il remains in territorial copd
ton, its inhabitants maintained protected in the
free enjoyment OF their liberty and property with right
then to pass into the condition Of States on footing of
perfect equality with the iginal States.
The enactment which established the restrictive geo.
graphical line was acquesced in rather than approved by
the States Of the Union. 1t stood the satute-book
however, for number of years and the people of the re-
spectve States acquiesced in the of the win
cpe as applied to the State of Texas and it
to acquiese in its further application the rritory ac
qured by the United States from Mckee, But This pron
ositon successfully resisted By the reprsentayes
from the northern States who regardless Of the statute
on pannl, rogtri go.
tory generally whether lying north south of it. thereby
repeating as legislative compromise md on the part Of
tne North persistenty violating the compact If compact
there was = ~ II. -
Therenpon this enactment ceased having binding vir
tue in any sense whether respects the North or the
South and in effect it treated on the occasion "a
the admission Of the State of California and the
sation OF the Territories of New Mexico Utah. and Wash
ington. ... - : 'NA
Such the state of this question WI n tho time ar
rived for the organization of the Of Kansas and
Nebraska In the progress of Constitutional inquiry and
eecon 1t had at LEM IN come TO be seen clearly
Dat congress does nGt possess constitutional power to
Pose iS5tlcons OF this character upon any present
iature State OF the Union. In long series Of decisions
on he fullest argument and after the most deliberate
sderauon, the Supreme Court Of the United Stats had
hnay determined this point in every form under whcA
the question could arise, whether affecting public or
private rghts-n questions of public domain, of religion
oil navigation and of servitnde.
The several States of the Union are by force of the CON
stuon coequal in domestic legislative power Congress
cannot change law of domestic relation in the State of
ute which proposes TO do this is mere nuty il takes
away right IL confers none II remains on the stat
uteoook unrepeaied 1t remains there only
OF error and beacon OF warning TO the legislator and the
statesman. To repeal 1t will be only remove mperfec-
on from the statutes without affecting either In the sense
or of their citizens
Still when the nominal restriction Of this nature al
reaa dead letter in law, was in terms repealed by the
last Congress in clause OF the organizing Terrific
RIGS of Kansas and Nebraska that repeal was made the oc
casion of widespread and dangerous agitation.
II was alleged that the original enactment being com
an odious breach Of faith.
An act of Congress- while It remains unrepeaed more
especially IL be consttuonally valid in the Judgment
oi those public funct.onares whose duty il is TO pro-
nounce on that point undoubtedly binding on the con-
science Of each good citizen OF the republic But in what
sese can II be asserted that the question
invested with perpetuity and entitled to the respect
sol mn compact Between whom the compact No
distinct contendng powers of the government separate
sections Of the Union treating such entered into retv
spalatons on the subject II clause of sn act
OF Congress and like any other controverted matter of
legislation received It's final shape and passed by com
promise OF the conflicting opinions Sentiments Of the
members Of Congrsss.
But II had moral authority over mems oonsccnces to
whom did this authority a;,schH Not to those Of the
North, who had repeatedly refused 10 confirm Il by extern
son and who had seaousy srven TO establish other ana
incompatible regulations upon the subject And IT,
mus appears the supposed compact bad obligatory
Dree m 70 the North, OF II could not have had any
the South for all such mpacts must be mutual and
Of reciprocal obligation.
IL has not untrequenty happened that lawgvers with
undue estimation OF the value Of the Law they give or in
the view Of impartng to 1t peculiar strength make IL
perpetual in terms but they thus bind the con-
science the Judgment and the will Of those who may sue
coed them invested with similar responsibilities and
clothed with equal authority More careful investigation
may prove the law to be unsound principle Erperiesce
may show II 70 be imperfect In detail and mpractcable
In execution And then both and right combine
not merely TO justify, but TO require s repeal
The constitution supreme as II Is all the depart
meats OF the government legislative executive and Judi
cia Is open to amendment by its very terms and Con.
gress the States may In their discretion propose amsad
ment TO IL solemn compact though Il in truth beween
the sovereign States Of the Union In the present
political enactment which had ceased TO ha legal now
er or authority Of any kind repeale The position
assumed that Congress had mor right 10 enact sucb
repeal was strange enough and nguarly so in view of
The fact that the argument nme from those who opepl
same popular designation and quality as compromise
scts-nay more who unequvocay disregarded and con-
demned the most positive and obligatory inuncons Of the
constitution ITSELF and sought by every within their
reach TO deprive portion OF their feow-czens OF the
equal enjoyment OF those rights and privileges
alike to all by the fundamental compact Of our Union
This argument against the repeal Of the statute line in
question was accompanied by another Of congenia cbrac
ter and equally with the former destitute Of oun In
reason and truth II imputed that the uasgre orioi
mated in the conception OF extending tie limits Of slave
labor beyond those previously ass ned 10 H. and that
such was its natural as well Intended effect and these
baseless assumptions wers made 10 the northern Sates
e ground OF unceasna assault upon constitutional right
The repeal "a terms Of statute which was already obso-
et ana also null for unconsttutiouhiy could have no
ospce 10 obstruct promote the propagation Of con-
Rcng views OF political social institution When tho
act organizing the Territories Of kanss and Nebraska was