FREE BOOKS

Author's List




PREV.   NEXT  
|<   75   76   77   78   79   80   81   82   83   84   85   86   87   88   89   90   91   92   93   94   95   96   97   98   99  
100   101   102   103   104   105   106   107   108   109   110   111   112   113   >>  
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 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. 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
PREV.   NEXT  
|<   75   76   77   78   79   80   81   82   83   84   85   86   87   88   89   90   91   92   93   94   95   96   97   98   99  
100   101   102   103   104   105   106   107   108   109   110   111   112   113   >>  



Top keywords:

minority

 

secede

 

government

 
majority
 

anarchy

 
people
 

decisions

 

sentiments

 
secession
 
constitutional

parties

 

questions

 
acquiesce
 
precedent
 
despotism
 

Supreme

 

principle

 

consideration

 

departments

 
decision

rejecting

 
respect
 

parallel

 

entitled

 

decided

 

assumed

 
binding
 
erroneous
 

object

 

position


forget

 

instant

 

ordinary

 

irrevocably

 

policy

 

affecting

 

litigation

 
extent
 

practically

 

resigned


rulers
 

ceased

 
personal
 
actions
 
confess
 

citizen

 

chance

 
overruled
 
limited
 

effect