Nebraska advertiser., 1861-03-14

they make q precedent whichln turn, viii
divide and ruin them; for a minority Of
their " will secede from them when
ever a majority refuses to he controlled
by such minority. For instance, why may
not any portion Of a new c~onfederacy. a
year or Two hence, arbitrarily secede a
gain, precisely as portions Of the present
Union now claim to secede from its Ali
who cherish disunion sentiments are now
being educated to The exact temper Of DO
ing this. Is there such perfect identity
OK interests among the States 10 compose
a new Union as to produce harmony only
and prevent renewed secession! Plainly
! the eenlFS idea Of secession is the essence
of anarchy. A majority held in restraint
by Constitutional checks and limitations.
and always changing easily, with the de-
lhberate changes Of popular opinions aRd
sentiments, is the only true sovereign Of a
free people. Whoever rejects il does of
necessity fly to anarchy and despodsm,-
Unanilnily is Impossible. The rHle Of a
minority, as a permanent arrangement, is
wholly inadmissIble. So that rejecting
the majority principal, anarchy and des-
potism, in some form, is all hat isleft.-
| do not forget the position assumed by
some, that, constitutional questions are TO
be decided by the Supreme Court; nor do
| deny that such decisions must be bind
ing IN airy case upon the parties to a suit.
as 10 lelobiect tosa suit. while they are
also entitled to very high respect and con-
sideralion in all parallel cases. By all 9th
er depar tmeHts Of the Government. and
while it is obviously possible that such de-
cision may be erroneonsin any given case,
still, the evil effect f0lioYlngi il being linn
tied 10 thar particular case, with the chance
that it may be overrbled and never be-
come a precedent for other cases, can
better be born han could the evils Of a
different practice.
At the same time, the candid citizen
must confess, that if the policy Of the Gov
ernmept upon Vilahqnestions affecting the
whole people are to be irrevocably fixed
by the decision of the Supreme Court, the
instant they are made in ordinary liliga-
ton between parties 10 personal actions,
the people will have ceased to be their
own rulers, having 10 that extent practice
ally resigned their government into the
hands of that tribunal. Nor IS there in
this view any assault upon the Court or
the Judges. II is a dulyfrom which they
may not shrink TO decide cases properly
broaght before them, and it is no faultlof
theirs, if-olhers seek to turn their decis-
ions to political purposes. One section of
our country believes is right and ought to
be extended, while the other believes it
is wrong, and ought not to be extended,
This is the only substantial dispute, for
the fugitive slave clause of the Constitu-
ton, and the laws for the suppression of
the foreign slave trade are each as well
enforced perhaps as any law can ever be.
In a community where a moral sense Of
the people imperfectly supports the law
itself, the great body Of the people abide
by the dry legal obligation in both cases.
After the separation Of the two sections,
the foreign slave trade now imperfectly
suppressed, would be ultimately revived
without restriction IN one section, while
fugitive slaves now only partially surren-
dered would moi be surrendered ar all by
the other.
Physically speaking, we cannot separ-
ate, cannon remove cur respective sec
tons from each other, nor build an inn
passable wall between them. The hus-
band and wife may be divided, and 90 out
Of the presence and beyond the reach Of
each other, but the different parts of our
country cannot do this. They cannot but
remain face to face, and an intercourse,
either amicable or hostile, must continue
betweed them. Is it possible then to
make that intercourse more advantageous,
or more satisfactory, after separating than
before! Can aliens make treaties easier
than friends can make laws?1 Can treat
les be more faithfully enforced between
aliens than laws among friends! Sup
pose you go 10 war: you cannot light al
ways, and when, after much loss on both
sides, there is ho gain on either, you
cease to fight, the old identical questions
as to terms of intercourse are again upon
you.
This country with It's institutions belong
to the people who inhabit it.
Whenever they shall grow weary of
the existing government they can exer-
else their Constitutional right of amend
ing it, or their revolutionary right to dis
member OIL. overthrow it.. / cannot be ig-
norant of the fact, that many worthy and
patriotic citizens are deslrous Of having
the National Constitution amended.
While | make no recommendation of
amendment, L fully recognize the right
ful authority Of the people over the whole
subject, TO be exercised in either of the
modes prescribed in tie instrument itself,
and | should, under existing circumstBn-
ces, favor, rather than oppose a fair op-
portunity being offered the people to act
upon it.
| viii venture TO add thot the constitu-
tianal mode seems preferable, inasmuch
as it allows the amendment to originate
with the people themselves, instead only
Of permitting them to take or reject a
proposition originated by others not spec
tally chosen for the purpose and which
might not be precisely such as they would
wish to either refuse or reject.
understand o proposed amendment to
the Constitution, which amendment. how
ever, / have not seen, has passed Con-
gress, 10 the, effect that the Federal Gov
ernment shall never interfere with the
domestic Institutions of the States, inclu-