Year: 1861




pose q new Union as to produce harmony only
and prevent renewed secessioni Plainly, the
central idea of secession is the essence of an
archy. A majority held in restraint by Con-
stitutional checks and limitations and always
changing easily with the deliberate changes of
popular opinions and sentiments, is the only
true sovereign of a free people. Whoever re-
jects it, does Of necessity fly to anarchy or to
despotism. Unanmity is impossible. The
rule of a minority as a permanent arrange
ment, is wholly inadmssable, so that rejecting
the majority principle, anarchy and despotism
in's6me form is all that is left.


| do not forget the position assumed by
some that Constitutional questions are to be
decided 10y the Supreme Court, nor do deny
that such decisions must be binding in any
case upon the parties to a suit as to the OBJ
jcct 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 pos
sible that such decision may be erroneous in
any given case, still the effect following it he.
ing limited to that particular case, with the
chance that it may be oyerruled and never be-
como precedent for other cases can be bet
Ter borne than could the evils Of different
practice. At the same time the candid citi-
zen must confess, that if the policy of the
Government upon the vital questions effect
ing the whole people, is to be irreSocably fix.
cd hy the decisions Of the Supreme Court, the
instant they are made in ordinary litigation
between parties in personal actions, the peo-
pie will have ceased to be their own ru ers,
having to that extent practically resigned
their government into the hands of that emi.
nent tribunal. Nor is there in this view any
assault upon the Court or the Judges. 1t is
duty from which they may not shrink to de.
eide cases properly brought before them, and
It is no flnlt of theirs if others seek to turn
their decisions to political purposes.


One section Of our country believes that sla-
very is right, and ought to be extended, while
the other believes that il is wrong, and ought
not to be extended. This is the only substan.
tia dispute, for the fugitive slave clause OF
the Constitution, and the law for the suppress.
sion Of the foreign slave trade, are each as well
enforced perhaps as any law ever can be in
community where the moral sense of the peo-
pie mperfecily supports the law itself. The
great body Of the people abide by the dry
legal obligation in both cases and few break
over in each. This think cannot be perfect
~ cured, and il would be worse in both cases
after the separation OF the sections than before.
The foreign slave trade, now imperfectly sup
pressed, 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 impossible wall be-
tween them. A husband and wife may be di.
vorccd 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 an inter
course either amicablc or hostile must continue
between them. Is it possible then to make in
tercoursc more advantageous or more salts
factory after separating than before Can
aliens make treaties easier than friends can
make laws Can treaties be more faithfully
enforced between aliens than law among
friends Suppose you go TO war, you can
not 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 that nhabit it. Whenever they
shall grow weary Of the existing government,
they can exercise their Constitutional right OF
amending it, or their revolutionary right to
dismembcr or overthrow it. cannot be ig.
nomnt OF the fact that many worthy and pa.





tional Constitution amended While | make
no recommendations of amendments, fully
recognize the rightful authority of the people
over the whole subject, to be exercised in
either of the modes prescribed in the instru-
mcnt itself, and should, under existing cir
cumstances, favor, rather than oppose, fair
opportunity being afforded the people to act
upon il. | will venture TO add that to me the
Convention mode seems preferable, inasmuch
as il allows the amendments to originate with
the people themselves, instead only of permit
ting them TO take or reject proposition orig
mated by others not especially chosen for the
purpose, and which might not be precisely
such as they would wiJh to either accept or
refuse.


understand proposed amendment TO the
Constitution, which amendment. however,
have not seen, has passed Congress, to the ef-
feet that the Federal Government shall never
interfere with the domestic institutions Of the
States including that of persons held to ser
vice. To avoid msconStructiOn OF what
have said, depart from my purpose not to
speak of particular amendments so far as to
say, that, holding such provision to be now
implied as Constitutional law, have no objec-
tion TO its being made express and irrevocable


The chief magistrate derives all his authori
ty from tho people, and they have conferred
/ none upon him to fix terms for the separation
Of the States. The people themselves can dc
this also il they choose but the executive, AZ
such. has nothing to do with it. His duty il
to administer the present Government as i
came to his hands and to transmit it unim
paired by him to his successor Why should
there not be patient confidence in the uIti
mate Justice of the people Is there any bet
ter or equal hope in the world' In our pres
ent differences, is either party without faith o
being in the rghtl If the Almighty Ruler o
Nations. with his eternal truth and justice, b'
on our side Of the North, or on yours OF he!
South, that truth and that justice will surel
prevail by the Judgment OF this great tribunal
the American people. By the frame of tn
Government under which we live. this sam
people have wisely given their public servant
but little power for mischief, and have wit
equal wisdom provided for the return Of tina
little to their own hands at very short intei
walls. While the people retain their virtu
and vigilance, no Administration, by any eS
treme OF wickedness or folly, can very ser
. ously iniure the Government in the shol
space of four years.