The western Democrat. [volume] (Charlotte, N.C.) 1852-1870, 1861-03-12


nent arrangement is wholly inadnissible; so that.
rejecting the majority principle, anarchy
despotism IN some form, is all that is lett. do not
forget the position assumed by some, that con-
stitutionai questions to be decided by the
Supreme Court. Nor do deny that such decisions
must be binding in any case upon the parties to
suit. As to the object of that suit, while they
also entitled very high respect aud consdera-
ton in all parallel cases by all other departments
Of the Govefnment; and while it is obviously
possible that such decision may be erroneous in
any given case, still the evil effect following its
being limited to that particular case, with the
chance that it may be over-ruled and never become
precedent for other cases, better be borne
than could the evils of 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 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 and judges. 1t is duty from
which they may not shrink to decide cases of
property brought before them and it is no fault
Of theirs if others seek to turn their decisions to
political purposes. One section of country
OeieFeS slavery is flSuG anu TO DC eXtcnueu,
while the other believes that it is wrong and ought
not to be extended This is the only substantial
dispute.
AS to the fugitive slave clause of the Constitu-
ton and the law for the suppression of the foreign
slave trade, Gas near any law ever be in
community where the moral sense of the people
mperfectly supports the law tself) the great body
Of people abide by the dry legal obligations in both
cases, and few break over each. | think these
cannot be perfectly cured, and it would be worse
in both cases, after the separation of the sections,
than before. The foreign slave trade is now i'm
perfectly suppressed, and would be ultimately
vived without restriction in one section, while tu-
gitive slaves, now only partially surrendered, would
not be surrendered at all BY the other Physical
Iy speaking, we cannot separate-we cannot re-
move respective sections from each other, nor
build an impossible wall between them. a hus-
band and wife may be divorced, and 90 out Of
the presence and beyond the reach of each other
but the different parts of country cannot do
this. They cannot but remain face to face, and
intercourse either amicabe or hostile must contin-
ue between them. Is it possible, then, to make
that intercourse more advantageous more salts
factory after separation than before? Can aliens
make treaties easier than friends Can make laws!
Can treaties be more faithfully enforced between
aliens, than laws can among friSnds? Suppose
you go to war, you cannot fight always, and when,
alter much loss on both Sides and gain either,
you cease fighting, the identical old questions, as
to terms of intercourse are again upon you. |
This country, with its Institutions, belongs to the
people who inhabit it. Whenever they shall
grow weary of the existing government, they can
exercise the Constitutional right to amend it, Or
the revolutionary right to dismember or overthrow
it. | cannot be ignorant of the fact that many
worthy and patriotic citizens are desrous of hav
ing the national Constitution amended While | |
make no recommendation of amendment, | fully |
recognize the rghtful authority of the people over
the whole subject, to be exercised in either of the
modes presented in the instrument itself, and |
should, under existing circumstances, favor rather
than oppose a fair opportunity being afforded the
people to upon it. will venture to add that
to ME the convention mode seems preferable, in
hat it allows amendments to ori gnate with the
people themselves, instead of only permitting them
TO take repeal propositions originated by others
not especially chosen for the purpose, and which
might not be precisely such as they would wish to
accept refuse. understand proposed amend
nent to the Constitution, which amendment how
ever, have not seen, has passed Congress, TO the
effect that the Federal Government shall never
interfere with the domestic institutions Of the
States including that of persons held to service.
To avoid misconstruction of what | have said, |
depart from my purpose not to speak Of particular
lmendments far say that, holding such pro-
'ision be the implied construction of the law,
lave objection 10 its being made express and ire
Tocable. The Chief Magistrate derives all his authorf-
y from the people, and they have conferred upon
lin to fix terms for the separation of the States. The
,eope themselves do this if they choose, but the
Executive such, has nothing do with it, his duty
to administer the present Government it came
lis hands, and transmit it unimpaired by him to his
uccessor. Why should there not be patient conf
ence in the ultimate justice of the people? Is there
better equal hope in the world? In our present
differences is either party without faith Of being right
lay the Almighty ruler of nations, with his eternal
ruth. be your side the North and yours of the
south. That truth, and that justice, will surely pre-
all by the judgment of this great tribunal the Amer
an people. BY the form of Government under which
re live this people have wisely given their Pnb-
but little power for mischief and have with
quail wisdom provided for the return of that little
heir own hands at short intervals While the people
etain their virtue and vigilance, Administration,
y any extreme of wckedness folly can very seri-
usy inure the Government in the short space of four
ears. Ny countrymen, and ALL ask you 10 think
amly and well upon this whole subject. Nothing
aluable can be lost by taking time. If there be an
hect hurry any of you in hot haste step which
would never take deliberately. that object will be
rustrated by taking time but good object can be
rustrated by it. Such of you dissatisfied, still
the old Constitution unimpared, and on the SEN
tive point the laws of your framing under IL,
The the administration will have remedy if it
hould change either. If it admitted that yon
Tho dissatisfied hold the right side in the dispute
here is single good reason for preepitate action
Intelligence patriotism, christianity and reli-
nee Him who has never yet forsaken this favored
md still competent adjust all present diff
culties.
In your hands, my dissatisfied friends and country
md in min is mon of civil