The Caledonian. [volume] (St. Johnsbury, Vt.) 1837-1867, 1861-03-08

tives, guarantees and prohibitions in the con-
stltution, that controversies never arise con-
corning them. But no organic law can ever
be framed with provision specifically appli-
cable to every question which may occur in
practical administration no foresight can
anticipate, nor any document of reasonable
length contain, express provisions for all pos
sible questions.
Shall fugitives from labor be surrendered
by national or by state authority? The con-
stltutlon does not expressly say. Must Con-
gress protect slavery in the territories The
constitution does not expressly say.
From questions of this class spring all oar
constitutional controversies, and we divide
upon them into maorities and minorities.-
II the minority will not acquiesce, the major
ity must, or the government must CEASE
There Is no other alternative for continuing
the government but acquiescence Oh one side
or the other.
SECESSION A TWO-EDGED SWORD.
1t minority in such q case will secede,
rather than acquiesce, they make precedent
which in turn will divide and ruin them, for
a minority of their own will secede from
them whenever majority refuses to be con-
trolled by such minority.
For instance, why may not any portion of
new confederacy year or two hence arbi-
trar'ly secede again, precisely as portion Of
the present Union now claims to Secede from
1t 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 only, and pre-
vent renewed secession Plainly the CEN
chy.
A majority held in restraint by constitu-
tional checks and limitations, and always
changing easily with the deliberate changes
of popular opinion and sentiment, is the OH
y true sovereign of a free people. Whoever
rejects it does Of necessity fly to anarchy or
to despotism. Cnanimity is impossible. The
rule of minority, as a permanent arrange
ment, is wholly inadmissable SO that reject
ing the majority principle. anarchy or despot-
ism in some form is all that is left.
THE SPHERE OF THE SUPREME COURT.
do not forget the position assumed by
some that constitutional questions are to b,
decided by the Supreme Court. nor do deny
that such decisions must be binding in any
case upon the parties to suit, as to the OBJ
ject of that suit while they are also entitled
to very high respect and consideration in al
parallel cases by all other departments Of tn,
government And while it is obviously pos
sible that such decision may be erroneous j,
any given case, still the evil effect tolowin.
1t being limited to that particular case, Will
the chance that it may become the preceGen
for other cases, can better be borne thar
could the evils Of different practice.
/ At the same time, the candid citizen mus
confess that if the policy of the government
upon vital questions affecting the whole PEG
pie is to be irrevocably fixed by the decision
of the Supreme Court, the instant they ar
made in ordinary litigation between partie
in personal actions, the people will hav
ceased to be their own rulers, having to tina
extent practically resi- gn.d their government
into the hands Of that emincn, tribunal. No
10 tlISi1 III lIAIS view any ASSAULT upon III
cour, or the Judges. l, is duty from whc
they may not shrink, to decide cases proper
brough, before them, and il is no fault Of
theirs if others seek to turn their decision
to political purposes.
THE REAL DISPUTE.
One section O! our country believes slave
~ is right and ought TO be extended, Will
The other believes i, is wrong, and ought no
to be extended. This is the only subs,an,ia
dispute. The fugitive slave clause of tn
constitution and the law for the suppress;o,
of the foreign slave trade, are each as We
enforced perhaps. as any laws can ever be i
community where the moral sense of tn
people imp"rfectly supports the law itself
The great body Of the people abide by tn
dry legal obligation in both cases. and fe,
break over in each. This, think cannot l.
perfectly cured, and it would be worse il
both cases after a separation Of the section
than before The foreg IN slave trade, no,
:mpcrfec,Iy suppressed, would be ultimate.
revived without restriction in one sector
while fugitive slaves now only partially su,
rendered. would not te surrendered at a
BY the other.
SEPARATION IMPOSSIBLE
Physically speaking, We cannot separate
we cannot remove our respective section
from each other, nor build an impossible Wa
between them. \ husband and wife NAV i
divorced and 60 out Of the presence and b,
vond the reach Of each other, but the di.ttI
ent parts of our country cannot 60 this the
cannot b1, remain face to face. and inte
course-cither amicable or hostile relations
must continue between them.
Is ii possible, then. TO make tina, intercour>
more advantageous or more satisfactory a.tt
separation than before? Can aliens man
treaties easier than friends can make laws
Can treaties be more faithfully enforced b,
tween aliens than law can among friends
Suppose you go to war, you cannot fight a
WAYS; and when, after much loss on bot
sides. and no gain on either, YOU cease tish
inc. the identical questions as to terms of il
tercourse are again upon you.
AMENDMENT OF TIE CONSTITUTION.
, This country with its institutions. belon.
! to the people who inhabit it. Whenev,
S they shall grow weary of the existing Go
ernment they can exercise their constitution
al right of amending or their revolutiona,
| right to dismember or overthrow it. ca
! not be ignorant of the fact that many wo,ti
, and patriotic citizens are DESTROYS of havI
: the national constitution amended.
While make no recommendation of
! mendment, | fully recognize the authority c
1 the people over the whole subject, to be e
: ercised in either of the modes prescribed
the instrument itself And should, und
existing circumstances, favor rather than o.
pose fair opportunity being afforded to Il
r neOne 10 act ,ron II 7 will ventnre IN ar