gn 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 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. 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, can not 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 fugi
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