Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1861-03-05

stances actually existing, and with a view md
hope to peaceful solution OF the national
troubles, and the restoration of traternal SYM
pathies 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 so,
will neither amrm nor deny; but if there
should be such, will address no words to
them. To those, however, who really love
the Union, may l not speak. Before entering
upon so grave matter as the destruction of
our national fabric, with all its benefits and its
memories, and its hopes, would it not be well
to ascertain precisely why we do it. Will
you hazard so desperate a step while there is
any possibility that any portion of the ills you
fly from have 10 real existence? viii you,
while the certain ills you fly to are greater
than all the real ones you fly from? Will you
risk the commission of 50 clearly mistake
All profess to be content in the union it all
constitutional ri"hts can be maintained. Is it
true then, that any right plainly written in the
constitution has been denied. | think not.
Happily, the human mind is so constituted that
no party can reach the audacity of doing this.
Think if you can Of single instance in which
plainly written provision of the constitution
has ever been denied. II, by the mere force
of numbers a majority should deprive mi
nority Of any clearly written constitutional
right, IL u lBHt, Ill II moral pOlnL OF view, US
tity revolution. Certainly, it would, if such
right were vital one, but such is not our case
The vital rights of mnorities and of indi-
viduals are SO plainly assured TO them by
afirmations and negatives, guarantees and pro-
libitons in the constitution, that controversies
never arise concerning them; but no on, Qnc
law can ever be framed with provision speci-
ficially applicable to every question which may
occur in practical administration. No foresight
can anticipate, nor any document of reasona.
BILE length contain express provisions for all
possible questions. Shall fugitives from labor
be surrendered by national or by state author
ity The constitution does not expressly
say. Must congress protect slavery in the
territories The constitution does not ex-
pressly say. From questions of this class
spring all our constitutional controversies, and
we divide upon them into majorities and mi
norities. Ii the minority will not acquiesce,
the majority must, or the government must
cease. There Is no alternative for continuing
the government--acquiescenc on one side or
the other-if Il minority in such a case will
secede rather than acquiesce, they make a
precedent which in turn will divide and ruin
them, Tor minority Of their own will secede
from them whenever a majority refuses to be
controlled by such minority. For instance, why
may moi any portion of a new contederacy, a
precisely as portion of the present Union
now claim to secede 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 statessto
compose new Union, as to produce harmony
only, and prevent renewed secession? Plainly,
the central idea of secession is the essence of
anarchy. majority held in restraint by con-
stltutonal checks and limitations, and always
changing easily with the deliberate changes OF
popular opinion and sentiments, is the only
true sovereign of a free people. Whoever re-
jects it does of necessity fly to anarchy or to
despotism Unanimity is impossible, the rule
of minority as permanent arrangement is
wholly inadmisSible, SO that, rejecting the
majority principle, anarchy or despotism in
some form is all that is left.
| do not forget the position assumed 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 10 the object
of that suit, while they re also entitled to very
high respect Snd consideration in all parallel
cases, by all other departments of the govern
ment; and while it is obviously possible that
such decision may be erroneous in any given
case, still the evil effect following it being linn
tied to that particular case, with the chance
that it may become Il precedent for other cases,
can better be borne than could the evils of
different practice. AT the same time the can
did citizen must confess, that if the policy Of
the government upon vital questions affecting
the ssbaIIe 99eqne js 5p be irreyocaby fixed by,
they are made in ordinary litigation between
parties in personal actions the people will
have ceased 10 be their own rulers. having
10 that extent practically resigned their gov
eminent into the hands of that eminent tribu-
nal, nor is there in this view any assault upon
the court or judges. 1t is duty from which
they may not shrink to decide cases properly
brought before Them and it is no fault of theirs
II others seek to turn their decisions to politi-
cal purposes.
One section of our country believes slavery
isTight, and ought to be extended while the
other believes it is wrong, and ought not to be
extended. This is the only substantial dispute.
l he fugitive slave clause of the constitution
and tie law for the suppression of the foreign
slave trade are each as well enforced, perhaps,
as any laws can ever be in a community where
the moral sense OF the people imperectly sup
ports the law itself. The great body of the
people abide by the dry legal obligations in both
cases, and a few break over in each. This 1
think can not be perfectly cured, and it would
be worse Ill both cases after the separation
OF the sections than before. The foreign
would be ultimately revived without restric.
ton, in one section; while fugitive slaves,
now only partially surrendered, would not be
surrendered at all by the other Physically
speaking, we can not separate. We can not
remove our respective sections from each
other, nor build an impossible wall between
them. A husband and wife may be divorced,
and 60 out OF the presence and beyond the
reach OF each other, bu: the different portions
OF our country can not do tlis-they can not
but,remain lace to face, and intercourse, either
amicable or hostile relations must continue
between them. Is it possible then to make
that intercourse more advantageous or more
satisfactory after separation than before7 Can
aliens make treaties easier than friends can
make laws =? Can treaties be mLre faithfully
enforced between aliens than laws can among
friends Suppose you go to war, you cannot
hight always, and when after much loss on
both sides and no gain on either, you cease
lighting, the identical questions as to terms
OF intercourse are again upon you. This
country, with its institutions, Lelongs to the
people who inhabit it. Whenever they shall
grow weary Of the existing government they
can exercISee their constitutional right of
amending, or their revolutionary right to dis
member or overthrow it.
l 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 authority OF the
people over the Whole subject, to be exercised
IN either OF the modes prescribed in the
instrument itself; and should, under exist
ing circumstances, favor rather than oppose a
fair opportunity 1eing afforded the people to
act upon it. | will venture to add that to me
the convention mode seems preferable in that
1t allows amendments TO originate with the
people the ,selses, instead of only permitting