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For as we are content to forget our own experience, and to counterfeit the ignorance of our own knowledge, in all things that concern ourselves; or persuade ourselves, that God hath given us letters patents to pursue all our irreligious affections, with a "non obstante" so we neither look behind us what hath been, nor before us what shall be.
The presence or absence of a non obstante clause cannot affect the extent or operation of the act of Congress. Congress has no power of revoking State laws, as a distinct power. It legislates over subjects; and over those subjects which are within its power, its legislation is supreme, and necessarily overrules all inconsistent or repugnant State legislation.
And in virtue of this power, from the time of Innocent IV the Popes added to their bulls a non obstante clause whereby they suspended in a particular instance all laws or rights which might otherwise stand in the way of their grant. It followed, further, that the Pope claimed also the power of granting dispensations from existing laws and absolution for their infringement.
The chief of these was, that a neighbor had declared he heard the father indulging in obstreperous mirth in a room adjoining that in which the corpse lay only about two hours after his son had expired. This unseemly, scandalous hilarity of her husband, the wife appeared to faintly remonstrate against. The directors had consequently resolved non obstante Dr.
He therefore sent down his mandate, commanding the fellows to admit for president a person of his nomination; and, inasmuch as this was directly against the charter and constitution of the college, he was pleased to add a non obstante clause of sufficiently comprehensive import.
The feeling of the laity became more and more outspoken, and at last Innocent IV. gave way, and the rights of private patronage were assured to the great lords assured, at any rate, in word though the Papal rescript "paltered with them in a double sense" and the quibbles and reservations, which could always be resorted to under colour of the non obstante clause, constantly afforded excuse for fresh encroachments and evasions when the opportunity occurred.
Of all the unlimited powers possessed by irresponsible man, I know of nothing at all equal to his, who, mero motu, of his own free will and caprice, can at any moment call a meeting of the dread body at whose head he stands, assemble the highest dignitaries of the land archbishops and bishops, chancellors, chief barons, and chief remembrancers to listen to the minute anatomy of a periwinkle’s mustachios, or some singular provision in the physiology of a crab’s breeches-pocket: all of whom, luto non obstante, must leave their peaceful homes and warm hearths to “assist” at a meeting in which, nine cases out of ten, they take as much interest as a Laplander does in the health of the Grand Lama; or Mehemet Ali in the proceedings of Father Mathew.
X, p. 99: ...pero no obstante esto á algunos amigos mios, y á otros, les ha parecido tener inconveniente por andar en lengua vulgar; y á mí, por la misma razon, me ha pesado que ande, y si lo pudiera estorbar, lo hubiera estorbado.
But if the grant be not inconsistent with any exercise of the powers of Congress, then, certainly, Congress has no authority to revoke or annul it. Such an act of Congress, therefore, would be either unconstitutional or supererogatory. The laws of Congress need no non obstante clause. The Constitution makes them supreme, when State laws come into opposition to them.
"Aut trudit acres hinc et hinc multa cane Apros in obstante plagas, Aut amite levi rara leiidit retia, Turdis edacibus dolos; Pavidumve leporem, et advenam laqueo gruem, Jucunda captat praemia."
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