The Buchanan County guardian. (Independence, Buchanan County, Iowa) 1858-1864, 1861-03-12


the new confederacy, year or two hence,
arbitrarily secede again precisely as por-
tons of the present Union now claim to
secede from it? All who cherish dis
union sentiments are now being educa-
ted to the exact temper of doing this.
There is no such identity Of interest
among the States to compose new Uni
on, as to produce harmony only, and pre-
vent new secession.
Plainly the central idea Of secession
is the essence of anarchy. A majority
held in subsection by Constitutional
checks and limitations, and always chang
ing easily with deliberate changes Of pop
ular opinions and sentiments, is the only
true sovereign of free people.
Whoever rejects it does Of necessity fly
to anarchy or despotism. Unanimly is
impossible. The rule of the minority as
permanent arrangement is wholly mad
missible. So rejecting the majority prin-
cfple, anarchy or despotism in some form
is all that is left. | do not forget the po-
sition assumed by some, that Constitu-
tional obligations are to be decided by the
Supreme Court, nor do deny that such
decisions must be binding in any case to
the parties to suit, as to the object of that
suit, while they are also entitled to very
high respect and consideration on all par
allel cases by all other departments Of
the Government, and while it is obvious
ly possible that such decision may be err
ronious in any given case, still the evil
effect following it being limited to that
particular case with the chance that it
may be overrued and never become
precedent for other cases, can better be
borne than could the evils of different
practice. AT the same time the candid
mind must confess that if the policy of
the government upon the vital questions
affecting the whole people is to be irrevo-
cably fixed by the Supreme Court the in
slant they are made in ordinary litigation
between parties in personal actions, the
people will have ceased to be their own
rulers, and to that extent, practically, to
resign their government into the hands of
that eminent tribunal.
Nor is there in this view any assault
upon the Court or the Judges. 1t is a
duty from which they may not shrink,
to decide a case properly brought be-
fore them. 1t is no fault of theirs if others
seek to turn their decision TO political
purposes.
One section of our country believe
slavery is right and ought to be extend
ed, while the other believes it is wrong
and ought not to be extended. This is
the only substantial dispute. The fugi
tive slave law clause, in the Constitution,
and the law for the suppression of the
foreign slave trade are as we'll enforced,
perhaps, as any law can ever be in com
munity where the moral sense of the peo-
pie imperfectly supports the law itself
The great body of the people abide by
the dry legal obligation in both cases, and
few break over in each. This | think
cannot be perfectly cured, and it would
be worse in both cases after the separa
ton of the sections than before.
The foreign slave trade now imperfect
~ suppressed, would be imperfecly re-
viyed, without restriction in one sec
ton, while fugitive slaves, now only par
TALLY surrendered would not be surrend-
cred at all by the other. Physically
speaking, we cannot separate we cannot
remove our respective sections from
each other, nor build an impossible wall
between them.
A husband and wife may be divorced
and go out of the presence Of and be-
You'd the reach of each other, but the
different parts of our country cannot do
this They cannot but remain face to
face, and intercourse either amicable or
hostile must continue between them.
! Is it possible then to make that intercourse
more advantageous or more satisfactory after
separation than before Can aliens make
laws Can treatise be more faithfully enfor-
ced between aliens than laws can among
friends
Suppose you go TO war, you cannot fight al
ways and when after much loss on both sides
and no gain on either, you cease fighting the
identical questions rs 10 terms Of intercourse
are again upon YOU. This country with It's
institutions, belongs to the people who inhabt
it, Whenever they shall grow weary of the
existing Government they exercise their
Constitutional rights in amending, or their
revolutionary right to dismember or overthrow
it.
cannot be ignorant Of the fact that many
worthy and patriotic citizens are DESTROYS of
having the national Constitution amended
While ! make no recommendation of amend
ment, fully recognize the full authority Oft
people over the whole subject, to be exercised
in either Of the modes prescribed in the instra.
ment itself, and | should under existing circum
stances favor rather than oppose fair oppor
tunity being afforded the people to act upon
it. viii venture to add that to me the con
yention seems preferable in that it deems
amendments to originate with the people
themselves instead Of only permitting them
to take or reject propositions originated by 9th
efs not especially chosen FOR The purpose, and
which might not precisely suit, as they would
wish others to be presented TO accept or refuse.
understand proposed amendment to the
Constitution which amendment however have
not seen, has passed Congress to the effect that
the federal government shall never interfere
with the domestic institutions of States, inclu-
i ding that of persons held TO service Toavoid
misconstruction Of what | have said, | depart
from my purpose not TO speak Of particular
amendments, SO far as to say that holding such
provision to now be implied Constitutional
law, have no objection to its being made ex-
press and rreyocable. The Chief. Magistrate
derives all his authority from the people and
they have conferred none upon him TO fix the
terms for the separation of the States.
The people themselves alone can do this if
they choose, butthe Executive as such has
nothing TO do with it ; his duty is to admins