So also in the clause prescribing the ratio
of representation--the phrase, "three-fifths of all other persons,"
is equivalent to slaves, or it means nothing. And yet we are told that
those who are acting under a Constitution which sanctions the existence
of slavery in those States which choose to tolerate it, are at liberty
to hold that no law can sanction its existence.
It is idle to make the rightfulness of an act the measure of sovereign
power. The distinction between sovereign power and the moral right
to exercise it has always been recognized. All political power may be
abused, but is it to stop where abuse may begin? The power of declaring
war is a power of vast capacity for mischief, and capable of inflicting
the most wide-spread desolation. But it is given to Congress without
stint and without measure. Is a citizen, or are the courts of justice
to inquire whether that, or any other law, is just, before they obey or
execute it? And are there any degrees of injustice which will withdraw
from sovereign power the capacity of making a given law?
* * * * *
The power is "to admit new States into this Union," and it may be safely
conceded that here is discretion to admit or refuse.
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