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
The measure could not be withstood upon its merits alone. It was
attacked with violence on the false or delusive pretext that it
constituted a breach of faith. Never was objection more utterly
destitute of substantial justification. When before was it imagined by
sensible men that a regulative or declarative statute, whether enacted
ten or forty years ago, is irrepealable; that an act of Congress is
above the Constitution? If, indeed, there were in the facts any cause to
impute bad faith, it would attach to those only who have never ceased,
from the time of the enactment of the restrictive provision to the
present day, to denounce and condemn it; who have constantly refused
to complete it by needful supplementary legislation; who have spared no
exertion to deprive it of moral force; who have themselves again and
again attempted its repeal by the enactment of incompatible provisions,
and who, by the inevitable reactionary effect of their own violence
on the subject, awakened the country to perception of the true
constitutional principle of leaving the matter involved to the
discretion of the people of the respective existing or incipient States.
It is not pretended that this principle or any other precludes the
possibility of evils in practice, disturbed, as political action is
liable to be, by human passions. No form of government is exempt from
inconveniences; but in this case they are the result of the abuse, and
not of the legitimate exercise, of the powers reserved or conferred in
the organization of a Territory. They are not to be charged to the great
principle of popular sovereignty. On the contrary, they disappear before
the intelligence and patriotism of the people, exerting through the
ballot box their peaceful and silent but irresistible power.
If the friends of the Constitution are to have another struggle, its
enemies could not present a more acceptable issue than that of a State
whose constitution clearly embraces "a republican form of government"
being excluded from the Union because its domestic institutions may not
in all respects comport with the ideas of what is wise and expedient
entertained in some other State. Fresh from groundless imputations of
breach of faith against others, men will commence the agitation of this
new question with indubitable violation of an express compact between
the independent sovereign powers of the United States and of the
Republic of Texas, as well as of the older and equally solemn compacts
which assure the equality of all the States.
Public-domain text, read in full here on John Shaqi.
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