Presidents -- United States -- Messages; United States -- Politics and government -- Sources
The Constitution, supreme, as it is, over all the departments of the
Government--legislative, executive, and judicial--is open to amendment by
its very terms; and Congress or the States may, in their discretion,
propose amendment to it, solemn compact though it in truth is between the
sovereign States of the Union. In the present instance a political
enactment which had ceased to have legal 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repealed.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the statute line of assumed restriction were repealed or not.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.
Public-domain text, read in full here on John Shaqi.
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