Life of Abraham Lincoln, Sixteenth President of the United StatesCrosby, Frank
History
Life of Abraham Lincoln, Sixteenth President of the United States
Crosby, Frank
Lincoln, Abraham, 1809-1865
“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 authorities? 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 alternative for continuing the
Government but acquiescence on the one side or the other. If a
minority in such a case will secede rather than acquiesce, they
make a precedent which, in turn, will ruin and divide 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 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 check and
limitation, 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 majority,
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 a 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.
Public-domain text, read in full here on John Shaqi.
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