Orleans independent standard. [volume] (Irasburgh, Vt.) 1856-1871, 1856-12-12
+, al. wav that system ofharmonious


mon institutions, which existed in the
early years of the Republic, was destroy
ed conflicts of jurisdiction came to be
frequent /; and Congress found itself COM
nelled. for the support of the Constitu-
t;on and the vindication of its power, to
authorize the appointment of new officers
charged with the execution OF Its acts' as
if they and the officers of the States were
the ministers, respectively, of foreign
government. in State of mutual hos
tilitv. rather than fellow magistrates OF
common country, peacefully subsisting
under the protection of one well-constitu-
ted Union. Thus, here also, aggression
was followed by reaction and the at
lacks upon the Constitution at this point
did but serve to raise up new barriers for
its defence and security.
The third stage of this unhappy sec
tional controversy was in connection
with the organization of territorial gov
ernments, and the admission of new
States into the Union, When it was pro-
posed to admit the State of Maine, by
| separation of TERRITORY from that Of Massa-
chusetts. and the State of Missouri, form
ed ola portion of the territory ceded by
France to the United States, represen-
tatives in Congress objected to the adj
mission of the latter, unless with con-
ditions suited TO particular views of pub
f lie policy.
The imposition of such a condition was
, successfully resisted But, at the same
period, the question was presented OF
| imposing restrictions upon the residue Of
the territory ceded by France. That
question was, for the time, disposed OF
by the adoption of a geographical line Of
limitation.
In this connexion it should not be for
gotten that France, of her own accord
resolved, for considerations of the mos
: far-sightcd sagacity, to cede Louisiana tc
:, the United States, and that accession wa:
d accepted by the United States, the latter
e expressly engaged that the inhabitant:
C of the coded territory shall be incorpor
1t ated in the Union of the United States
/ and admitted as soon as possible, accord
l. ing to the principles Of the Federal Con
$, stitution, to the enjoyment ofall the right
D advantages, and immunities of citizen
If of the United States and in the mean
o time they shall be maintained and pro
1T tected in the free enjoyment of their lib
= erty, and. the religion which they pro
l. fess"-that is to say, while it remains il
il territorial condition, its inhabitants ar
e maintained and protected in the free en-
'e joyment of their liberty and property
d with a right then to pass into the condi
ton of States on footing of perfec
ST equality with the original States.
l. The enactment, which established tn
$ restrictive geographical line, was acqui
D esced in rather than approved by til
e.. States of the Union. 1t stood on tn
t. statute book, however, for number {
lie years; and the people of the respectiv
it States acquiesced in the re-enaetment {
= the principle as applied to the State {
I'd Texas and it was proposed to acquiesc
ne in its further application to the territor
ly acquired by the United States fror
of Mexico.
On But this proposition was successful
he resisted by the representatives from til
northern States, who, regardless of th
at statute line, insisted upon applying II
ok striction to the new territory general,
to whether lying north or south of it, there
ey by repeating it as a Legislative comprc
tn mise, and, on the part of the North, PEE
Ict sistently violating the compact, if con
We pact, there was.
re, Thereupon this enactment ceased
IN. have binding virtue in any sense, whethc
as respects the North or the South ar
at SO in effect it was treated on the occasic
We of the admission of the State of Califo
ed MIA, and the organization of the Territ
of ries of New Mexico, Utah, and Was
in ington.
ut Such was the state of this ouestio
Nv when the time arrived for the organic
is ton of the Territories of Kansas ar
u Nebraska. In the progress of constit
he tional inquiry and reflection, it had no
at length come TO be seen clearly th
'ct Congress does not possess constitution
US power to impose restrictions of this Oh
IN racter upon any present or future Sta
he OF the Union. In long series of de,
he SONS, on the fullest argument, and aft
the most deliberate consideration. II
NJ, Supreme Court of the United States h,
ne finally determined this point, in evel
IN form under which the question could aris