Western sentinel. [volume] (Winston [i.e. Winston-Salem], N.C.) 1856-1886, 1861-03-15

be decided by the Supreme Court, nor do
deny that such decisions must be bind
ing in any case upon the parties to suit
as to the object of that suit, while they
are also entitled to very high respect and
consideration in all parallel cases by all
other departments of the government.-
And while it is obviously possible that
such decisions may be erroneous in any
given case, still the evil effect following
it, being limited to that particular case,
with the chance that it may be overruled
ard never become Il precedent for other
cases, can better be borne than COULD the
evils Of a different practice.
AT the same time the candid citizen
must confess that if the policy of the gov
ernment upon vital questions affecting the
whole people is to be irrevocably fixed by
the decisions Of the Supreme Court, the
instant that they are made in ordinary lit
igation between parties in personal actions,
the people will have ceased to be their own
rulers, having to that extent practically
| resigned their government into the hands
| of that eminent tribunal.
Now is there, i'll this view, any assault
upon the court or the judges Iti a duty
| from which they may not shrink, to decide
| cases properly brought before them, and
it is fault of theirs if others seek to turn
their decisions to political purposes.
One section of our country believes that
| slavery is right and ought to be extended,
while the other believes that it is wrong
and ought not to be extended. This is the
only substantial dispute.
The fugitive slave clause of the consti-
| tuition, and the law for the suppression of
| the torei IN slave trade, are each as well
enforced perhaps as anv law can be in a
! itu Of fbo
people imperfectly supports the law it.
| self.
The great body Of the people abide by
the dry legal obligations in other eases,
and a few break over in each. This |
think, cannot be perfectly cured, and it
would be worse in both cases after the
separation Of the section than before
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 not be surrendered at all by
the other.
Physically speaking,we cannot separate
we cannot remove our respective claims
from each other, nor build an impossible
wall between them. A husband and wife
may be divorced and go out of the pres
! ence and beyond the reach Of each other,
| Out tilC OiHClcuL pa Us vi our COuLtfy Cali
not do this.
They cannot but remain face to f; ce and
intercourse, either amcable or hostile,
must continue between them. Is it posi-.
/ BILE then to make that intercourse more
satisfactory after separation than before
Can aliens make treaties easier than
friends can make laws! Can treaties be
more faithfully enforced between aliens
than laws can among friends!
Suppose you go to war, you cannot fight
always and when, after much loss on both
sides and no gain on either, you cease
fighting, the identical old question as to
the terms Of intercourse are again upon
| you. This country, with its institutions,
belong to the people who inhabit it
/ Whenever they shall grow weary of the
| existing Government they can exercise
their Constitutional right OF amending it,
or their revolutionary right to dlsmem-
Der or overthrow it.
I cannot be ignorant of the fact that
many worthy and patriotic citizons are
desirous of having the national constitution
amended. While / make no recommen-
dations of amendments, | fully recognize
I the rightful authority of the people over
the whole subject, te be exercised III eth
er Of the modes prescribed in the instru-
-ment itself, andI should, under existing
circumstances, favor, rather than oppose,
a fair opportunity being afforded the peo-
pie to act upon it.
will venture to add, t hat to me the
convention mode seems preferable, in that
it allows amendments to originate with the
people themselves, instead of only permit
ting them to take or reject propositions
originated by others not especially chosen
for the purpose, and which might not be
precisely such as they would wish to eth
/ er accept or approve.
4 [ understand that a proposed amend
ment to the cons ns.itntion-which arr end
menr, however, / have not seen-has pass
eG Congress-, to the effect that the fedora
4 government shall never interfere with the
domestic institutions of the States, includ
z ing that OF persons he'd to service.
TO avoid misconstructions of what
g said, [ depart from my purpose not t
speak of particular amendments, SO far u
to say that holding snch provision Il
now be implied constitutional law, T hav.
no objection,to its being madesexpr ant
] irrevocable.A i 80 81 s5ssss a5s -
!, The Chief Magistrate derives. all his al
thority from the people, and they hay
conferred none upon him to. fix terms o.
81 the separation Of the States.
The people themselves can do this
& isthey choose, bus the Executive, as such
has I, o. "a, 4 r, II 3frfv ia