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Updated: May 10, 2025
Yet even if they were, what is to be said of that other not uncommon incident of legislative history, the legislative "strike," whereby corporations not protected by irrepealable charters are blandly confronted with the alternative of having their franchises mutilated or of paying handsomely for their immunity?
And I now say, Sir, as the proposition upon which I stand this day, and upon the truth and firmness of which I intend to act until it is overthrown, that there is not at this moment within the United States, or any territory of the United States, a single foot of land, the character of which, in regard to its being free territory or slave territory, is not fixed by some law, and some irrepealable law, beyond the power of the action of the government.
The history of Kansas was still too recent. Yet from these premises, Douglas drew the conclusion "that the slavery question should be banished forever from the Halls of Congress and the arena of Federal politics by an irrepealable constitutional provision."
In meeting this objection, the friends of common schools agree with the objector to the fullest extent in asserting the imperative, universal, irrepealable duty of the parent to educate his own child. The duty is not the less binding on the parent, because a like duty, covering the same point, rests also on the community.
The measure could not be withstood upon its merits alone. 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?
And Congress, like every other legislature, often passes acts which, being in the nature of grants or contracts, are irrepealable ever afterwards.
Does the north, guarded as it is by nature's irrepealable law, and by the self-poised and self-reliant strength of its freeborn sons, need the Federal power to guard its soil from the feet of slaves? Is slavery more progressive and expansive than freedom? and are the men who form Free States afraid to meet the men who form Slave States on common ground and take an even chance for control?
He held that the Emancipation Proclamations formed, together, a "complete, absolute, and final decree of Emancipation in Rebel States," and, being "born of Military necessity" and "proclaimed by the Commander-in-Chief of the Army and Navy, is the settled and irrepealable Law of the Republic, to be observed, obeyed, and enforced, by Army and Navy, and is the irreversible voice of the Nation."
He declared that the whole question of slavery was settled by a higher law than that of Congress and that there was not then a foot of territory whose status was not already fixed by the laws of the several States or the decree of the Almighty; that, by the irrepealable laws of physical geography, slavery was already excluded from California and New Mexico.
Would such cant about "legal rights" be heeded where reason and justice held sway, and where law, based upon fundamental morality, received homage? If a frantic legislature pronounces woman a chattel, has it no power, with returning reason, to take back the blasphemy? Is the impious edict irrepealable? Be it, that with legal forms it has stamped wives "wares."
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