IV.

EXTRACTS FROM PRESIDENT LINCOLN'S INAUGURAL, MARCH 4, 1861. (_Page

110._)

The power confided to me will be used to hold, occupy, and possess the

property and places belonging to the Government, and collect the duties

on imports; but, beyond what may be necessary for these objects, there

will be no invasion, no using of force against or among the people

anywhere. Where hostility to the United States shall be so great and so

universal as to prevent competent resident citizens from holding the

federal offices, there will be no attempt to force obnoxious strangers

among the people with that object. While the strict legal right may

exist of the Government to enforce the exercise of these offices, the

attempt to do so would be so irritating, and so nearly impracticable

withal, that I deem it better to forego for the time the use of such

offices. * * * * *

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 decision must be binding in any case upon the parties to a 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 chances 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 questions affecting the whole people is to be irrevocably fixed

by the decisions of the Supreme Court, the instant they are made in

ordinary litigations between parties in personal actions, the people

will have ceased to be their own masters,--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.

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