M'arthur Democrat. (McArthur, Vinton County, Ohio) 1853-1865, 1861-03-07


cd. Is it true, then, that any righI
plainly written in the Constitution
has been deniedl think not. Hap.
PLY the human mind is 50 constituted
that no party can reach to the audao
ity Of doing this. Think, fyou can,
OF single instance in which a plain,
ly written provision Of the Consti;n,
ton has ever been denied. If by this
merJ force OF numbers a majority
shall deprive a minority OF any clear.
| ly written Constitutional right, II
might, in a moral point Of view, justi.
! fy Il revolution. 1t certainly would
! if such right were vital one, but
such is not our case. All the vital
rights Of minorities and Of individuals
are so plainly assured to them by af-
tirmatiJns and negative generalities
and prohibitions in the Constitution,
that controversies can never arise
concerning them. But no organic
law can be found with a provision
specifically applicable to every qnes.
tion which may occur in practical ad-
ministration. No foresight can an.
t;cipate, nor any document Of reason.
able length certain, express provision
for all possible questions. Shall fu,
gitives from labor be surrendered by
national or State authorityl The
Constitution does not eSRessly>say
Congress may prohibit slakery in the
Territories. Tho Constitution does
not expressly lay Congress must pro-
tect slavery in the Territories. The
Constitution docs not expressly say
which. From questions Of this class
spring all'o1r' cOnstituti onal contro-
versies, and we deyide upon then in
to ,najorties ard minorities. II the
minority will not acquiesce, the ma
jority must, or the Government must
cease. There is no alternative for
continuing the Government but ac
quiesence on tie one side or The 9th.
er. ....
If a minority in such case will Sc
cede, Or rather than acquiesee, they
make a precedent which, in turn,
will devlde and ruin them, for min
ority OF their own will secede from
them whenever a majority refuses to
be controlled by such a minority
For instance: why may. not any por-
tiOn Of a new canfederacy, a year or
two hence, arbitrarily seoede again,
precisely as portions of the present
Union now claim to Secede from it?-
All who cherish disunion sentiments
are now being educated to tho 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 re.
newod secsssiOnl Plainly the cen
tral idea OF secession is the essence OF
anarchy. A majority held in restraint
by constitutional checks aod limta-
tions, and always changing easily
with the deliberate changes OF popu-
lar opinions au1 sentiments, is the on,
ly true sovereign OF a free people,
Whoever rejects it does Of necessity
fly to anarchy or despOtism; unan.
unity is impossible. The rule Of d
minority as q permanent cement
is wholly inadmissible; SO that, reject
ing the majority principle, anarchy
and despotism in some form is all that
is left. do not forget the position
tina! is assumed by some Of the con-
stitutional question are to be decided
by the Supreme Court. Nor do de-
ny that such decisions must be bind.
ing in any case upon tie parties to a
suit as to the object oil that suit, while
they are only entitled to very high
respect and consideration of all par
aliel cases by all other departments Of
tie Government; and while it is OBJ.
vlously possible that such decisi ons
may oe erroneous in any given case,
still the evil effect following it being
limited to that particular case, WIS.,
the chance that it may be oyerruIed
and never bgcrr9 precedent for 9TH
e. cases, ca Letter b: .borne than
cop.4 -ooyii; ia i'tYraotice. A.
tLo samo time, the candid citizen
must confess that if the policy Of the
Government upon vital questions et
fecting the whole people is to be ire
vocably fixed by decision of the Su,
pgeme Court, the instant they are
made, in crdaining litigation between
parties in personal actions, the peo.
pie will have ceased to be their Owr
rulers, having to that extent practi
cally resigned their government into
the hands Of that tribunel.
Morris there in this any assault up
on the Court or the Judges. 1t is I
duty from which they may not shrink
to decide cases properly brought be
fore them, and it 10 no fault of theirs
if others seek to turn their decisions
to political purposes. One section o
our country believes slavery is righ
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