Abridgment of the Debates of Congress, from 1789 to 1856, Vol. 1 (of 16)United States. Congress
History
Abridgment of the Debates of Congress, from 1789 to 1856, Vol. 1 (of 16)
United States. Congress
Law -- United States; United States -- Politics and government
Mr. JACKSON.--I believe this House, and the other branch of the
Legislature, have the power, by the constitution, to pass a law,
obliging the officers of the State Governments to take the oath required
by the constitution that their States have adopted, and which has become
the supreme law of the land. I believe the general opinion of the House
inclines to favor this sentiment. It then only remains to examine the
measure on the principle of policy. Here I must give my opinion. I
believe, sir, that it is not time to bring it forward, that it is not
expedient at present, because some jealousies exist respecting the
jurisdiction of the Federal and State Governments. The States had better
be left to regulate this matter among themselves, for an oath that is
not voluntary is seldom held sacred. Compelling people to swear to
support the constitution, will be like the attempts of Britain, during
the late revolution, to secure the fidelity of those who fell within the
influence of her arms, and, like those attempts, they will be
frustrated; the moment the party could get from under her wings, the
oath of allegiance was disregarded. If the State officers will not
willingly pay this testimony of their attachment to the constitution,
what is extorted from them against their inclination is not much to be
relied on. Besides, it argues a jealousy in the National Government,
which can have no foundation. Can any thing show more friendly to the
Union than adopting the constitution, and sending us here to administer
it? If we judge from these circumstances, there is good reason to
believe that the State Governments will pay a proper attention to the
duty enjoined upon them by the constitution. I shall readily agree, if
they do not pay this attention, that the National Legislature ought to
exercise its powers to compel them; but they know the necessity there is
for conforming to what the constitution orders; if they neglect it, it
becomes in some degree a relinquishment of their power in government. No
State Legislature can pass an act that will have the efficacy of a law.
Suppose a judge on the bench were to condemn a criminal to die for an
offence; the sentence could not be carried into execution, if the judge
had omitted to qualify himself for the discharge of the duties of his
office. In short, there would be a total stagnation of the Government,
its vital powers would be suspended, until they were revived by the
action of the constitution. Besides, the constitution partakes of the
nature of a compact; it guaranties to the State Governments the
principles of a republican government, conditionally, that the States
conform themselves to what is declared in the constitution; they must
therefore take the oath directed by the constitution, or infringe the
compact; in which case I apprehend, the guaranty is virtually withdrawn;
this is another inducement for the States to perform their duty.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account