Presidents -- United States -- Messages; United States -- Politics and government -- Sources
The several States of the Union are by force of the Constitution coequal in
domestic legislative power. Congress can not change a law of domestic
relation in the State of Maine; no more can it in the State of Missouri.
Any statute which proposes to do this is a mere nullity; it takes away no
right, it confers none. If it remains on the statute book unrepealed, it
remains there only as a monument of error and a beacon of warning to the
legislator and the statesman. To repeal it will be only to remove
imperfection from the statutes, without affecting, either in the sense of
permission, or of prohibition, the action of the States or of their
citizens.
Still, when the nominal restriction of this nature, already a dead letter
in law, was in terms repealed by the last Congress, in a clause of the act
organizing the Territories of Kansas and Nebraska, that repeal was made the
occasion of a widespread and dangerous agitation. It was alleged that the
original enactment being a compact of perpetual moral obligation, its
repeal constituted an odious breach of faith. An act of Congress, while it
remains unrepealed, more especially if it be constitutionally valid in the
judgment of those public functionaries whose duty it is to pronounce on
that point, is undoubtedly binding on the conscience of each good citizen
of the Republic. But in what sense can it be asserted that the enactment in
question was invested with perpetuity and entitled to the respect of a
solemn Compact? Between whom was the compact? No distinct contending powers
of the Government, no separate sections of the Union treating as such,
entered into treaty stipulations on the subject. It was a mere clause of an
act of Congress, and, like any other controverted matter of legislation,
received its final shape and was passed by compromise of the conflicting
opinions or sentiments of the members of Congress. But if it had moral
authority over men's consciences, to whom did this authority attach? Not to
those of the North, who had repeatedly refused to confirm it by extension
and who had zealously striven to establish other and incompatible
regulations upon the subject. And if, as it thus appears, the supposed
compact had no obligatory force as to the North, of course it could not
have had any as to the South, for all such compacts must be mutual and of
reciprocal obligation.
It has not unfrequently happened that lawgivers, with undue estimation of
the value of the law they give or in the view of imparting to it peculiar
strength, make it perpetual in terms; but they can not thus bind the
conscience, the judgment, and the will of those who may succeed them,
invested with similar responsibilities and clothed with equal authority.
More careful investigation may prove the law to be unsound in principle.
Experience may show it to be imperfect in detail and impracticable in
execution. And then both reason and right combine not merely to justify but
to require its repeal.
Public-domain text, read in full here on John Shaqi.
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