Year: 1861

resident citizens from holding the Federal of


fees, there will be no attempt to force obnoxiou
strangers among the people for that object
While the strict legal right may exist in th
/ Government to enforce the exercise of these of
fees, the attempt to do so would be 80 rritatin,


and so nearly impracticable with all, that deem
it better to torego for the time the uses of sucl


Offices.


The mails, unless repelled, will continue to b,


furnished in all parts Of the Union So far as DOS


sible the people everywhere shall have thai


sense of perfect security which is most favorable


to calm thought and reflection. The course


here indicated will be followed unless curren,


events and experience shall show modification
or change to be proper, and 10 every case and
exigency my best discretion will be exercised,
according to circumstances actually existing,
and with q view and a hope of peaceful soln.
ton of the National troubles, and the restoration
of fraterDal sympathies and affections. =.
| That there are persons in one section or an
other who seek to destroy the Union at all events
and are glad of any pretext to do it. i will
neither affirm nor deny, bat if there be such, /
need address no word to them. To those, how
ever, who really love the Union, may / not
|speaks Before entering upon so grave mat
ter as the destruction of our national fabric,
with all its benefits its memories, and its hopes,
would it not be wise to ascertain precisely why
we do it9 Will you hazard so desperate a step
while there is any possibility that any portion Of
the ills you fly from have nor real existence-will
you, while the certain ills you fly to are greater
than all the real ones you fly from-will you
risk the commission of SO fearful a mistake e


Allprofess to be content in the Union, if all
constitutional rights can be maintained. Is
it true, then, that any right plainly written
on the Constitution has been denied2 / think
not. Happily the human mind is SO constituted
that no party can reach to the audacity OF doing
this. Think, if you can, of a single instance
in which plainly written provision of the
Constitution has ever been denied. If by
the mere force of numbers majority should de-
prive minority of any clearly written consti-
tutional right, it might, in moral point OF
view, justify revolution; certainly it would, if
such right were a vital one. But such is not
our case! All the vital rights of minorities and
of individuals are so plainly assured to them by
ahirmations and negations, guarantees and pro
hibitions in the Constitution, that controversies
never arise concerning them. e'a -ss ..s@ As.SA


But no organic law can ever be framed with
provision specifically applicable to every ques-
tion which may occur in practical adininstra-
tion. No foresight can anticipate, nor any doc
uiDent OF reasonable length contain express pro-
visions for all possible questions. Shall fugitives
rom labor be surrendered by National or by
State authority2 The Constitution does not ex-
pressy say. May Congress prohibit slavery in
the Territories The Constitution does not ex
pressy say. Must Congress protect slavery in
lhe Territories The Constitution does not ex
pressly say. From questions of this class spring
all our controversies and we divide upon them


into majorities and mihorities. 81


Ii the minority will not acquiesce, the major
ity must, or the Government must cease
There is no other alternative; for continuing
the Government is acqulescence on one side or
the other. Ii a minority in such case will Sc
cede rather than acquesce, they make prece-
dent which in turn will divide and ruin them,
for minority of their own will secede from
them whenever majority refuses to be con-
rolled by such minority. For instance, why
may not any portion of a new confederacy, q
year or two hence, arbitrarily secede again,
precisely as portions of the present Union now
claim to secede from its Ali who cherish disu-
MON sentiments are now being educated to the
exact temper of doing this. "a 4sa4No 49, ss19


Is there such perfect identity of interest a.
moEg the States to compose the new Union as
to produce harmony only and prevent new seces-
sion. 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
rue sovereign of a free people, Whoever re-


ects it does of necessity fly to anarchy or to des-
potism. Unanimity is impossible.


The rule OF a minority as q permanent ar
rangment is wholly inaGmissable, that, re-
jecting the majority principle, anarchy or des-
potism in some form is all that is left.


do not forget the position assumed by some
crit f0 ho al
by the Supreme Court Nor do deny that such
decisions must be binding in any case, upon the
parties to 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 decisions
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 precedent for
other cases, can better be borne than coald the
evils of different practice.


At the same time the candid citizen must con-
fess that if the policy of the Government upon
vital questions affecting the whole people, is to
be irrevovocably fixed by the decisions Of the
Supreme Court, the instant they are made IN Or
binary litigation between parties in personal ac-
| tions, the people will have ceased to be their





signed their government into the hands of that
eminent tribunal. '--U '-


Nor lis there, in this view, any assault upon
the Court or the Judges. 1t is duty from
| which they may not shrink, to decide cases prop
| erly brought before them, and it is no fault o
theirs ifothers seek to turn their decisions tC
political purposes. '39 "A =
One section of oar country believes slavery is
right, and ought TO be extended, while the other


believes it is aorong, and ought not to be extend
ed This is the only substantial dispute.


| The Fugitive Slave clause OF the Constitution


and the law for tue suppression of tile Foreign
Slave Trade, are each as well enforced, perhaps


as any law can be in community where the


moral sense of the people imperfectly supports


the law itself. '4-9'


| The great body of the people abide by the dry
| legal obligation IN both cases, and few Dreah
over in each. This, think, cannot be perfectly


cured, and it would be worse in both cases gfte'


the separation of the sections than before. lht
| 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. A' % iF'.2


Physically speaking, we cannot separate-w'


cannot remove our respective sections from eacf
other nor build an impossible wall DetWeei
them. A husband and wife may be divorced
and 90 out of the presence and beyond the reacf
of each otner-but the different parts OF ou
country cannot do this They cannot but re
main face to face, and intercourse, either amlca
j BILE or hostile, must continue between them.


i Is it possible then to make that intercours