Cincinnati daily press. [volume] (Cincinnati [Ohio]) 1860-1862, 1861-03-05

| eDjoins that the laws of the Union be
faithfully executed in all the States. Doing
this deem to be only simple duty on my
part, and shall perform it, SO far as practica-
bic, unless my rightful masters, the Ameri-
can people, shall withhold the requisite
means,orin some authoritative manner direct
| the contrary. a"
trust this will not be regarded as
menace, but only as declared purpose of
Union; that it will constitutionally defend
and maintain itself. In doing this, there
need be no bloodshed or violence, and there
shall be none, unless it be forced upon the
! national authority. The power conided 10
| me will be used to hold, occupy aud possess
| the property and places belonging TO the
| Government; to collect duties and Imports:
but beyond what may be necessary for these
objects, there will be no using of force
ag9inst or among the people any where.
Where hostility to the United States in
any interior locality shall be so great and so
universal as TO prevent competent resident
| citizens from holding Federal Offices, there
| viii be no attempt to force obnoxious stran-
| gers among the people for that object; while
the strict legal right may exist in the Govern
! ment to enforce the exercise of these Offices,
the attempt to do so would be SO irritating
and so nearly impracticable withal that
/ deem il better TO forego for time the uses of
such Offices The mails, unless repelled, will
continue to be furnished In all points of the
Union. So far as possible, the people every
! where shall have that sense of perfect secur-
/ ity which is most favorable to calm
| thoughts and reflections. UE
| The course here indicated will be followed
unless current events and experience shall
show modification or change to be proper,
| and in every case and exigency my best dis.
eTetion will be exercised according to cir
| eumstances actually existing, and with
! view and hope Of peaceful Solution of the
national troubles, the restoration of the fra.
| ternal sympathies and affections. That there
are persons in one section or another who
seek to destroy the Union at all events, and
are glad Of any pretext to do it, will neither
affirm or deny but if there be such | need
address no word to them.
| To those, however, who really love the
Union, may speak before entering upon SO
great matter as the distraction Of our ma
tional fabric, with all its benefits, its memo
ries and hopes. Would it not be wise to
ascertain previously why you hazard so des-
perate step, while there is any possibility
that any portion of the ills you fiy from have
no real existenceP Will you, while the GER
tain ills you fly to are greater than all the
real ones you fly from, risk the commission
of so fearful a mistake? ....
All profess to be content in the Union if
all constitutional rights can be maintained,
| Is it true, then, that any right, plainly writ
! III bhO OSOncblhublOut ud6 D6bu L
think not. Happily the human mind is so
constituted that no party can reach to the
audacity of doing this. .F...
Think, If you can, of q single instance in
(which plainly written provision of the
| Constitution has ever been denied. II, by
! this mere force of numbers, majority shall
| deprive minority of any olearly-written
! constitutional right, it might, in a moral
I point of view, justify a revolution. 1t GER
! tainly would if such right were vital one;
but such is not our case. All the vital rights
of minorities and ofindividuals are so plainly
/ assured to them by affirmations and negative
! generalities and prohibitions in the Constitu-
1 ton, that controversies never can arise con-
| cerning them but no organic law can be
found with provision specifically applicable
to every question which may occur in prac-
tical administration. -E
No foresight can anticipate, nor any docu-
ment of reasonable length contain, express
provisions for all possible questions. Z.
Shall fugitives from labor be surrendered
! by national or State authorities? The Con-
! stitution does not expressly say Congress
may prohibit slavery in the Territories THE
Constitution does not expressly say Congress
must protect slavery in the Territories. SThe
Constitution does not expressly say which.
| Questions OF this cfass spring all our consti-
| tutiOnal controversies, and we divide upon
them into majorities and minorities.
If the minority will not aequiesce the ma
| jority 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 or, rather than acquiesce, they
make precedent which, in turn, will divide
| or ruin them, for a minority of their own
| will seCede from them whenever majority
refuses to be controlled by such a minority,
for instances: Why may not any portion Of
new Confederacy year or two hence ar
bitrarily secede against it2 Precisely as por-
tions Of the present Union, now claim to Sc
cede from it.
All who cherish disunion sentiments are
now being educated to the exact temper of
doing this. is there such perfect identity of
interests among the States to compose new
Union, as TO produce harmony and prevent
renewed Secession, plainly the central idea
of Secession is the essence of anarchy. A
majority held in restraint by constitutional
| checks and limitations, and always changing
easily with the deliberate changes of popular
opinions and sentiments, is the only true
sovereign of free people whoever rejects
it does of necessity fly to anarchy or despot.
ism, and unanimity is impossible. r 90
The rule of q minority, as permanent ar
rangement, is wholly inadmissible, so that
by rejecting the majority principle, anarchy
and despotism in some form is all that Is
|
by some, that constitutional questions are to
be decided by the Supreme Court. Nor do
deny that such decisions must be binding, in
any case, upon the parties to a suit as to the
object of that suit. ~, 5,s.' ~. b. ~.
While they are also entitled TO very high
respect and consideration in all parallel
cases by all other departments of the Gov
ernmenti and while it is obviously possible
| that such decision may be erroneous in any
given case; still the evil effect following it
being limited to that particular case with
the chance that 1t may be overruled and
never become precedent for other cases,
/ and better be borne than could the evils of q
| 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 irrevoca-
bly, fixed by decision Of the Supreme Court,
the instant they are made in ordaining iiti-
cation between parties in personal actions,
the people will have ceased to be their own
| rulers, having to that extent practically re-
| signed their Government into the hands of
that tribunal nor is there in this view any
assault upon the Court or the Judges.
IL is duty from which they may not
shrink to decide cases properly brought
I before them, and it is no fault Of theirs if
Others seek TO turn their decisions TO politi-
cal purposes. One section Of f'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 substantial dispute; for the fugi-
tive slave clause of the Constitution and the
law, for the suppression of the foreign slaves
trade, are each as well enforced, perhaps, as
any law ever be in community where the
moral sense Of the people imperfectly sup
ports the law ITSELF -'
The great body of the people abide by the
legal obligation in both cases after the
separation Of the sections than before. The
foreign slRve-trade, now imperfeetly sup
pressed, would be ultimately revived with
ont restriction in one section, while fugitive
slaves now only partially surrendered
would not be snrrendered at all by the other