Indiana State sentinel. (Indianapolis, Ind.) 1861-1865, 1861-03-06


corning Them but no organic law can be framed
with a provision specifically applicable to any
question which may occur in practical administra
ton, no foresight can anticipate, nor any docu-
ment of reasonable length contain, express pro-
visions for all possible questions Shall fugitives
from labor be surrendered by National or State
The Constitution does not expressly
say May Congress prohibit slavery in the Ter
ritores2 The Constitution does not expressly
say. Must Congress protect slavery in the Ter
ritories? The Constitution does not expressly
say. From questions of this class spring all
our constitutional controversies, and we divide
upon them into maorities 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, but acquiescence on the one
side or the other If 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 a minority For instance why NAV not
any portion of new COnfederacy, year or two
hence, arbitrarily secedeagain, precisely as pOr-
ton of the present Union now claim to secede
from it? All who cherish disunion sentiments
are now being educated to the exact temper of
this. Is there such perfect identity of interest
among the States to compose new Union, as to
produce harmony only. and prevent renewed Sc
cession? Plainly, the central idea of secession
is the essence OF anarchy majority held in re-
straint by Constitutional checks and limitations,
and always changing easily with the deliberate
changes of popular opinion and sentiments. is the
only true sovereign of a free people Whoever
rejects it, does of necessity fly TO anarchy or des-
potism.
Unanimity is impossible The rule of mi
nority, as permanent arrangement, is wholly in
admissible: 50 that rejecting the majority princ- |
pie anarchy aud despotsm in some form is all |
that is left. do not forget the position assumed
by some that Constitutional questions are to be |
decided by the Supreme Court, nor do l deny
that such decision must be binding in any case |
upon the parties to a suit to the object of that
suit, while they are also entitled to very high re-
spect and consideration in all parallel cases by all
other depaI tments of the Government. And
while it is obviously possible that such decisions
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 precedent for other cases, it !
can better be borne than could the evil of diff
ferent practice.
At the SINE time, the candid citizen must con-
fe;s that if the policy of the Government upon
vital questions cfiecting the whole people, is to
be irrevocably fixed by decisions of the Supreme
Court, the instant they made in ordinary liti-
CATION between parties in personal actions, they
Z
extent practically resigned their Government into
the hands of that tribunal. Nor is there, in this
view, any assault on the Court or Judges Ii 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 decis
ions 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
of the Constitution, and the laws for the suppress
sion of the African slave trade, are each well
/ enforced, perhaps as any laws can ever be in
community where the moral sense of the people
| imperiectly supports the law itself VIII the
great body of the people abide by the dry legal
obligations in both cases, better eter the separa-
! ton of the sections than before The foreign
slave trade imperfectly suppressed, would be
ultimately revived without restriction in one Sec
ton, while fugitive slaves now only partially sur
rendered. would not be surrendered at all by the
other. Physically speaking, We cannot separate !;
cannot remove our respective sections from each
other, nor build an impossible wall between them.
/ The husband and wife may be divorced and 30
out Of the presence and beyond the reach of each
other, but the different parts of our country
not do this they cannot but remain face to face
and an intercourse either amicable or hostile must
continue between them. Is il possible, then, to
make that intercourse more advantageous or more
satisfactory after separating than before 7
Can aliens make treaties easier than iriendsf
Can they make laws! Can treaties be more faith
fully enforced between aliens than laws among
friends! Suppose you go to war, you can not
fight always, and when, after much loss on both
sides, and no gain on either, you cease fighting,
the old identical questions as to terms of inter-
course are again upon you. This country. with
its institutions, belongs to the people who inhabit
it. Whenever they shall grow weary of the ex-
listing government they can exercise their consti-
tutional right of amending, or their revolutionary
/ right to dsmember or overthrow | can not he
ignorant of the fact that many worthy and patri-
otto persons are DESTROYS of having the national
Constitution amended While make no recon-
mendation of amendments, / fully recognize the
lawful authority of the people over the whole
/ subject to be exercised in either of the modes
prescribed in the instrument Itself, and should
under existing circumstances, favor rather than
oppose fair opportunity being offered the people
to act upon it, | will venture to add, that to me
the convention mode seems preferable, inasmuch
as it allows the amendment to originate with the
people themselves, instead only of permitting
them TO take or reject proposition originated by
Others not especially chosen for the purpnse, and
which might not be precisely such as they would
wish to either accept or refuse. | understand a
proposed amendment to the COnstitution-which
amendment, however, | have not seen-passed
Congress, to the effect that the Federal Govern
ment shall never interfere WITH the domestic insti-
tutions of the States, including that of persons
held to service.
Toavoid misconstruction of what have said
depart from my purpose not to speak of particu-
lar amendments so far TO say that holding
such provision to be now implied as COnstitu-
tional law, / have no objection to its being made
express and rrevOcable. The Chief Magistrate
derives all his authority from the people, and
they have conferred none on him to fix terms for
the separation of the States. The people them
selves can do this, also, ii th9y choose; but the
Executive. as such, has nothing to do with it.
HIS duty is to administer and preserve the Gov
eminent rs 1t came to his hands, and to transmit
it, unimpaiTed by him, to his successor.
! Why should there not be patient confidence
! in the ultimate justice OF the people? Is there
any better or equal hope in the world? In our
present differences, is either party without faith
or being in sight of the Almighty, Ruler of Ma
tons? VIII his eternal truth and justice, be on
} our side of the North, or on yours of the SOUTH
That truth and Justice will surely prevail by the
judgment of this ,ribunal-the American people
By the frame of the Government uniier which
we live, this same people have wisely igyen their
public servants but little power for mischief, and
have with equal wisdom provided for tine return
of that little to their own hands, at very short in
tervals. While the people retain their virtue and
vigilance, no Administration by any extreme oil
wickedness or folly can very seriously injure the
Government in the short space of four years. Nv
, countrymen. one and all, think calmly and wei
upon this whole subject. Nothing valuable car
be lost by taking time; if there be an object t.
hurry any of you in hot haste to a step which you
would never take deliberately, that object will b,
! frustrated by taking tine. But no good object
can be frustrated by Il. Such OF you as are now
dissatisfied still have The old Constitution unim
paired. and on the sensitive point the laws OF youI
own framing under it, while the new Administra
ton will have no immediate power, ii it could
change either. Ii it were admitted that You are
dissatisfied and that you hold the right side in
the dispute. there still is no single good reason
; for precpitate action.
Intelligence. patriotism Christianity and firm
: reliance ON Him who has never yet forsaken this
favored land are still competent to adjust in the
best way, all our present difficulties.
f in your hands, my dissatisfied countrymen, and
not mine, is the momentous issue of civil war
: The government will not asSail YOU YOU can
have no conflict without you make yourselves the
aggressors. You have oath registered in