Noted Speeches of Abraham Lincoln, Including the Lincoln-Douglas DebateLincoln, Abraham
History
Noted Speeches of Abraham Lincoln, Including the Lincoln-Douglas Debate
Lincoln, Abraham
Lincoln, Abraham, 1809-1865 -- Oratory
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 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 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.
At the same time the candid citizen must confess that if the policy of
the Government upon the vital question 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 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; 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.
Public-domain text, read in full here on John Shaqi.
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