The Mountaineer. [volume] (Great Salt Lake City [Utah]) 1859-1861, 1861-03-16


/ ton. guarantees, ind proportions III the
Il Constitution that controversy never arises
\ concerning them. but no organic law can
4 be formed with provision specifically
\ applicable 10 every question which mhy
I occur III practical administration No
\ foresight can anticipate erany docurneit
Of reasonable length contain express pro
:. visions Cor an possible questions. 4 VI
Shah fpgitiyesl from labor be snrren-
\ lered MI by national or state autllorityl
\ The Constitution does rot expressly ray.
MAY congress prohibit slavery in tile Ter.
Il Eit0riess The. Constitution does not eR.
pressly snyf From questions Of this Gloss
Ispribg all our controversies, and We divide
upon them into mBiofitics aud minorities,
/ The majority must rule or tile government
1 must cease. d Nj .s r. Il. 4 VII
i There is no other alternative FOR con,
Il tiinling the government bht aequiescencc
Ion the olc Side Or the other. III mi.
tpority Id such case will secedc rather Than
Eacaaieseo they mike a precedent which III
tnrn viii divide and ruin them. For III.
staHee. why may not a portion Of new
i Gontederaty a year or two hence, aTbit-
lrariIy seccde again, precisylyas portions
Eof lie present. Union now Claim 10 sCcede
from iitg All who cherish disunion sellti+
Ements are now being educated 10 the ex-
TACT temper Of doing this. Is there snch
Epetfeet identity in the interests Of the
Il States 10 compose new Union as to pro-
dnce harmony only and prevent renewed
secession2 Plainly, the central idea Of
secession Is the essence Of anarelfy. Al
4 majority held in restraint by constitution
Il AZ checks and limitations, and always
4 changing easily with deliberate changes
1 of popular opinions aud sentiments; Is the
only true sovereign Of free people.
4 Whoever rejects il does Of necessity nv
Eto anarchy and despotiau. Unanilnity Is
Impossible. The Wiliof d majority al d.
4 permanent arrangement, ii wholly iaatl.
nlissable, so that, rejecting the minority
Eprincjpie, anarchy aud deSpotism In soine
form, is all that Is left. / do not forget
the position assumed BY some, that the
constitutional questions are to be decided
lby the Supreme Court, nor do i deny.
that such decision must be binding In any
case upon the parties TO suit, as 10 the
object Of that slit, while they nre also
entitled 10 . very high respect and con-
sideration in parallel case by all other
departments of the government, and.
while i is obviously possible that such de-
cisions may be erroneous, in any given
tcouTsc, still the evil effect following il.
being limited to that peculiar ease, will,
the choice that il may be eyerrqled and
never become d precedent, for other cases
can better be borne Than could the evils.
Of q different practicez-at the same time
the candid citizen must confess, that il
the government upon vital questions Affect
ing the whole people, is 10 be irreyocably
liked by the decision OF the Supreme
Court, the iBstanl they are matlc in ord-
nary litigation between parties III per-
seIsti action, the people viii have ceased
to be their .oRii rulers, having to TINT ex.
tent prac ticufly resigned their government
into the hands Of that tribunal ;Her isI
there IN this view any assault npon the
court Of Judges Itis . duty from which
they may not, shrink, to decide cases
property brought before them; aud it Isl
no l9trtt Of theiTs, if Others seek TO tHrh
Their decisions q political purposes Il:
Ono EecfT0it7 of CIR country Believes
slavery iserislft aud ought 10 Bc extended,
while abe other btlieYes its Is wrong and
ought not 10 he extended. This Il the
only albstaatlaf dispute, for The fugitive
slave clanse Of the Constitution aid tie
heNs for tie suppression ,di the foreign
slave tFade are inst o. web enforced, per-
haps, as any can ever be. III a eoInrlnni.
~ where she moral sense Of the PEOPLE
supports Che law itself the great body Of
The people lbide BY the legal obligations
in both eases. After the separation ofths
two sections the foreign slave trade now
erieetlysuppreased would be Ultimate
lyreyiyed without restriction III one Sec
lion, while fugitive slaves, now only par
stially surrendered; Noald not be snrren-
dered at all by tie other. Physically
speaking, we cannot Separate, connot Fg-
move our respective SECTIONS from each
.ether, nor build on iInpassaide wall hes
tween them. The husband and wife may
De divorced and 60 out Of the presence or
beyond the reach OF each other, hut the
different parts df4our country eoFaot do
do this. They cannot but remain face to
face and an intercourse, either alnicabIe |
or hostile, must continue between them.
lsit possible then tonake that intercourse
More advantageous or more satisfactory
after separating. than hetofs2 Can aiieps |
laake treaties easilrthat friends can make /
laRas Can treaties be more fgitkatlIy en- |
forced between aliens than laws Quiongt
ifiendsY Suppose you SO TO war you can
not fight always and when, after much /
loss on both sides, there Is no gain On
either. You. cease TO fight, ard the old 1
identical questions as to terms Of inter.
course are again before you.
This country With institutions, be.
longs to the people who fnhabitit When.
ever they shall grow weary of the existing
Government, they can, exercise their Con-
stitutional rights Of amending ii or their
revolutionary right to dismenlber or over.
throw it. ! cannot be ignorant Of the
fact that many worthy patriotic citizens
are DESTROYS on having the national Con.
stitation amended. While make no re.
commentator Of amendments, / fully re-
cognize the righifui authority Of The peo. I
pie over the whole subject, TO be exGrcis,
cd in either of the modes prescribed in the
instrument itself, and / should under ey. +