al power or authority of any kind
was repealed. The position assumed that Congress had no moral right to
enact such repeal was strange enough, and singularly so in view of the
fact that the argument came from those who openly refused obedience
to existing laws of the land, having the same popular designation and
quality as compromise acts; nay, more, who unequivocally disregarded
and condemned the most positive and obligatory injunctions of the
Constitution itself, and sought by every means within their reach to
deprive a portion of their fellow-citizens of the equal enjoyment of
those rights and privileges guaranteed 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 congenial character and equally with the
former destitute of foundation in reason and truth. It was imputed that
the measure originated in the conception of extending the limits of
slave labor beyond those previously assigned to it, and that such was
its natural as well as intended effect; and these baseless assumptions
were made, in the Northern States, the ground of unceasing assault upon
constitutional right.
The repeal in terms of a statute, which was already obsolete and also
null for unconstitutionality, could have no influence to obstruct or
to promote the propagation of conflicting views of political or social
institution. When the act organizing the Territories of Kansas and
Nebraska was passed, the inherent effect upon that portion of the
public domain thus opened to legal settlement was to admit settlers
from all the States of the Union alike, each with his convictions of
public policy and private interest, there to found, in their discretion,
subject to such limitations as the Constitution and acts of Congress
might prescribe, new States, hereafter to be admitted into the Union.
It was a free field, open alike to all, whether the statute line of
assumed restriction were repealed or not. That repeal did not open to
free competition of the diverse opinions and domestic institutions a
field which without such repeal would have been closed against them;
it found that field of competition already opened, in fact and in law.
All the repeal did was to relieve the statute book of an objectionable
enactment, unconstitutional in effect and injurious in terms to a large
portion of the States.
Is it the fact that in all the unsettled regions of the Unite
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