titutional 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 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 ha
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