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第52章

the writings-5-第52章

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make a precedent which in turn will divide and ruin them; for a

minority of their own will secede from them whenever a majority

refuses to be controlled by such minority。  For instance; why may not

any portion of a new confederacy a year or two hence arbitrarily

secede again; precisely as portions of the present Union now claim to

secede from it? All who cherish disunion sentiments are now being

educated to the exact temper of doing this。



Is there such perfect identity of interests among the States to

compose a new Union as to produce harmony only; and prevent renewed

secession?



Plainly; the central idea of secession is the essence of anarchy。  A

majority held in restraint by constitutional checks and limitations;

and always changing easily with deliberate changes of popular

opinions and sentiments; is the only true sovereign of a free people。

Whoever rejects it does; of necessity; fly to anarchy or to

despotism。  Unanimity is impossible; the rule of a minority; as a

permanent arrangement; is wholly inadmissible; so that; rejecting the

majority principle; anarchy or despotism in some form is all that is

left。



I do not forget the position assumed by some; that constitutional

questions are to be decided by the Supreme Court; nor do I deny that

such decisions must be binding; in any case; upon the parties to a

suit; as to the object of that suit; while they are also entitled to

very high respect and consideration in all parallel cases by all

other departments of the government。  And; while it is obviously

possible that such decision may be erroneous in any given case; still

the evil effect following it; being limited to that particular case;

with the chance that it may be overruled and never become a precedent

for other cases; can better be borne than could the evils of a

different practice。  At the same time; the candid citizen must

confess that if the policy of the government; upon vital questions

affecting the whole people; is to be irrevocably fixed by decisions

of the Supreme Court; the instant they are made; in ordinary

litigation between parties in personal actions; the people will have

ceased to be their own rulers; having to that extent practically

resigned the government into the hands of that eminent tribunal。  Nor

is there in this view any assault upon the court or the judges。   It

is a duty from which they may not shrink to decide cases properly

brought before them; and it is no fault of theirs if others seek to

turn their decisions to political purposes。



One section of our country believes slavery is right; and ought to be

extended; while the other believes it is wrong; and ought not to be

extended。  This is the only substantial dispute。  The fugitive slave

clause of the Constitution and the law for the suppression of the

foreign slave trade are each as well enforced; perhaps; as any law

can ever be in a community where the moral sense of the people

imperfectly supports the law itself。  The great body of the people

abide by the dry legal obligation in both cases; and a few break over

in each。  This; I think; cannot be perfectly cured; and it would be

worse in both cases after the separation of the sections than before。

The foreign slave trade; now imperfectly suppressed; would be

ultimately revived; without restriction; in one section; while

fugitive slaves; now only partially surrendered; would not be

surrendered at all by the other。



Physically speaking; we cannot separate。  We cannot remove our

respective sections from each other; nor build an impassable wall

between them。  A husband and wife may be divorced and go out of the

presence and beyond the reach of each other; but the different parts

of our country cannot do this。  They cannot but remain face to face;

and intercourse; either amicable or hostile; must continue between

them。  Is it possible; then; to make that intercourse more

advantageous or more satisfactory after separation than before? Can

aliens make treaties easier than friends can make laws? Can treaties

be more faithfully enforced between aliens than laws can among

friends? Suppose you go to war; you cannot fight always; and when;

after much loss on both sides; and no gain on either; you cease

fighting; the identical old questions as to terms of intercourse are

again upon you。



This country; with its institutions; belongs to the people who

inhabit it。  Whenever they shall grow weary of the existing

government; they can exercise their constitutional right of amending

it; or their revolutionary right to dismember or overthrow it。  I

cannot be ignorant of the fact that many worthy and patriotic

citizens are desirous of having the national Constitution amended。

While I make no recommendation of amendments; I fully recognize the

rightful authority of the people over the whole subject; to be

exercised in either of the modes prescribed in the instrument itself;

and I should; under existing circumstances; favor rather than oppose

a fair opportunity being afforded the people to act upon it。  I will

venture to add that to me the convention mode seems preferable; in

that it allows amendments to originate with the people themselves;

instead of only permitting them to take or reject propositions

originated by others not especially chosen for the purpose; and which

might not be precisely such as they would wish to either accept or

refuse。  I understand a proposed amendment to the Constitution which

amendment; however; I have not seenhas passed Congress; to the

effect that the Federal Government shall never interfere with the

domestic institutions of the States; including that of persons held

to service。  To avoid misconstruction of what I have said; I depart

from my purpose not to speak of particular amendments so far as to

say that; holding such a provision to now be implied constitutional

law; I have no objection to its being made express and irrevocable。



The chief magistrate derives all his authority from the people; and

they have conferred none upon him to fix terms for the separation of

the States。  The people themselves can do this also if they choose;

but the executive; as such; has nothing to do with it。  His duty is

to administer the present government; as it came to his hands; and to

transmit it; unimpaired by him; to his successors。



Why should there not be a patient confidence in the ultimate justice

of the people? Is there any better or equal hope in the world? In our

present differences is either party without faith of being in the

right? If the Almighty Ruler of nations; with his eternal truth and

justice; be on your side of the North; or on yours of the South; that

truth and that justice will surely prevail by the judgment of this

great tribunal of the American people。



By the frame of the government under which we live; this same people

have wisely given their public servants but little power for

mischief; and have; with equal wisdom; provided for the return of

that little to their own hands at very short intervals。  While the

people retain their virtue and vigilance; no administration; by any

extreme of wickedness or folly; can very seriously injure the

government in the short space of four years。



My countrymen; one and all; think calmly and well upon this whole

subject。  Nothing valuable can be lost by taking time。  If there be

an object to hurry any of you in hot haste to a step which you would

never take deliberately; that object will be frustrated by taking

time; but no good object can be frustrated by it。  Such of you as are

now dissatisfied still have the old Constitution unimpaired; and; on

the sensitive point; the laws of your own framing under it; while the

new administration will have no immediate power; if it would; to

change either。  If it were admitted that you who are dissatisfied

hold the right side in the dispute; there still is no single good

reason for precipitate action。  Intelligence; 

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