Year: 1861

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 aud consideration
10 all parallel cases by al! ether De-
partments of the government and while it Is
obviously possible that such decision may be
erroneous in any given case, still the evil ef-
feet following it, being limited to that particu-
lar case, with the chance that it may be over
ruled and never become precedent for others,
and better be borne than could the evils of a
different practice.


At the same time the candid citizen must
confess that if the polity of the government
upon vital questions affecting the whole peo-
pie 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 practi-
cally resigned their government into the hands
of that eminent tribunal; nor is there 10
this view any assault upon the Court or the
Judges; it is 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 sla
very is right, and ought to be extended !;
while the other believes 1t 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 few break over
in each; this l 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 imperfeetly
suppressed, would be ultimately revived with
out 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 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 an intercourse either amicable or hostile
must continue between them. Is it possible
then to make that intercourse more advanta-
geous or more satisfactory after separating than
beforeP Can aliens make treaties easier than
friends can make laws? Can treaties be more
faithfully enforced between aliens than laws
among frendsS Suppose you go to war, you
cannot fight always, and when after much
loss both sides and no gain on eth
er you cease fighting the identical terms are
again upon you. This country with its insti-
tutions belong to the people who inhabit it.
Whenever they shall grow weary of the exist
ing government they can exercise their consti-
tutional right of amending it or their revolu-
tionary right to dismember or overthrow it, /
cannot be ignorant of the fact that many worthy
frio nf ha win 10
national Constitution amended. While make
no recommendations of amendments, fully re-
cognize 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 exciting circumstances,
favor rather than oppose fair opportunity be-


ing afforded the people to act upon it.


I will venture to add that, to me, the Con-
vention mode seems preferable, inasmuch as
it allows the amendment to originate with the
people themselves, instead of permitting them
to take or reject proposition originated by
others not especially chosen for the purpose,
and which might not be precisely such as they
would not wish to either accept or refuse.


I understand proposed amendment to the
Constitution, which amendment, however, l
have not seen. has passed Congress to the eff
fect that the Federal Government shall never
interfere with domestic institutions of the
States, including that of persons held to ser.
vice. To avoid misconstruction of what
have said, I 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 objection to its being made ex-
press and irrevocable. The Chief Magistrate
derives all his authority from the people and
they have conferred none upon him to
make terms for the separation of the
States. The people themselves can do this
also if they choose, but Executive, as
such, has nothing to do with it, his
duty is to administer the present govern.
ment as it came to his hands and to trans
NIT it unimpaired by him to his successor.
Why should there not be 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 right if the Al
mighty 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, the American
people by the frame of the Government un-
der which we live this same people have
wisely given their servants but little power
for mischief, and have with equal wisdom pro-
vided for the return of that little to their own
hands at very short intervals. While the peo-
pie retain their virtue and vigilance no ad-
ministration by any extreme of wickedness or
folly can very seriously injure the government
in the short space of four years. Ny country
men one and all, think calmly and we'll 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 frus
trated by it, Such of you as are dissatisfied
still have the old Constitution, unimpaired,
and on the sensitive point the laws of your
own framing under it; while the new admin
istration will have no immediate power, if it
would, to change either. If it were admitted
that you who are dissatisfied hold the right
side 10 the dispute; there still is no single good
reason for precipitate action. Intelligence,
patriotism, christianity, and firm reliance on
Him who has never yet forsaken this favored
land, are still competent to adjust, in the best
way, all our present difficulties


In your hands my dissatisfied countrymen
and not in mine is the momentous issue of civil
war the government will not assail you you
can have no conflict without being your