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the writings-5-第46章

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unless current events and experience shall show a modification or

change to be proper; and in every case and exigency my best

discretion will be exercised according to circumstances actually

existing; and with a view and a hope of a peaceful solution of the

national troubles and the restoration of fraternal sympathies and

affections。



That there are persons in one section or another who seek to destroy

the Union at all events; and are glad of any pretext to do it; I will

neither affirm nor deny; but if there be such; I need address no word

to them。  To those; however; who really love the Union may I not

speak?



Before entering upon so grave a matter 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 it? Will you

hazard so desperate a step while there is any possibility that any

portion of the ills you fly from have no real existence? Will you;

while the certain ills you fly to are greater than all the real ones

you fly fromwill you risk the commission of so fearful a mistake?



All profess to be content in the Union if all constitutional rights

can be maintained。  Is it true; then; that any right; plainly written

in the Constitution; has been denied? I 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 a

plainly written provision of the Constitution has ever been denied。

If by the mere force of numbers a majority should deprive a minority

of any clearly written constitutional right; it might; in a moral

point of view; justify revolutioncertainly would if such a 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

affirmations and negations; guaranties and prohibitions; in the

Constitution; that controversies never arise concerning them。  But no

organic law can ever be framed with a provision specifically

applicable to every question which may occur in practical

administration。  No foresight can anticipate; nor any document of

reasonable length contain; express provisions for all possible

questions。  Shall fugitives from labor be surrendered by national or

by State authority? The Constitution does not expressly say。  May

Congress prohibit slavery in the Territories? The Constitution does

not expressly say。  Must Congress protect slavery in the Territories?

The Constitution does not expressly say。



》From questions of this class spring all our constitutional

controversies; and we divide upon them into majorities and

minorities。  If the minority will not acquiesce; the majority must;

or the Government must cease。   There is no other alternative; for

continuing the Government is acquiescence on one side or the other。



If a minority in such case will secede rather than acquiesce; they

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 pe
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