A Compilation of the Messages and Papers of the Presidents. Volume 5, part 3: Franklin Pierce
History
A Compilation of the Messages and Papers of the Presidents. Volume 5, part 3: Franklin Pierce
Pierce, Franklin, 1804-1869; Presidents -- United States; United States -- History -- Sources; United States -- Politics and government
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assumed restriction were repealed or not.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 United States,
if emigration be left free to act in this respect for itself, without
legal prohibitions on either side, slave labor will spontaneously go
everywhere in preference to free labor? Is it the fact that the peculiar
domestic institutions of the Southern States possess relatively so much
of vigor that wheresoever an avenue is freely opened to all the world
they will penetrate to the exclusion of those of the Northern States?
Is it the fact that the former enjoy, compared with the latter, such
irresistibly superior vitality, independent of climate, soil, and all
other accidental circumstances, as to be able to produce the supposed
result in spite of the assumed moral and natural obstacles to its
accomplishment and of the more numerous population of the Northern
States?
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