American Eloquence, Volume 4: Studies In American Political History (1897) — John Shaqi
American Eloquence, Volume 4: Studies In American Political History (1897)
History
American Eloquence, Volume 4: Studies In American Political History (1897)
Speeches, addresses, etc., American; United States -- History; United States -- Politics and government
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 revolution--certainly 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 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 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 a 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. * * *
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