Key-Notes of American Liberty: Comprising the most important speeches, proclamations, and acts of Congress, from the foundation of the government to the present timeVarious
History
Key-Notes of American Liberty: Comprising the most important speeches, proclamations, and acts of Congress, from the foundation of the government to the present time
Various
United States -- History -- Sources
At the same time the candid citizen must confess that if the policy of
the government upon the vital questions affecting the whole people is to
be irrevocably fixed by the decisions of the Supreme Court, the instant
they are made, as in ordinary litigation between parties in personal
actions, the people will have ceased to be their own masters, unless
having to that extent practically resigned their 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 into 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; and this is the only
substantial dispute; and 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 sections 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 questions as to terms of
intercourse are again upon you.
Public-domain text, read in full here on John Shaqi.
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