The Richmond palladium. [volume] (Richmond, Ind.) 1855-1875, 1861-03-07


afirma,ions and negotiations, guarantees
and prohibitions. N the Constitution. tnas
controversies never arise concerning them.
But no organic law can be framed with
provision specifically applicable 10 every
question which may occur In practical 40
m;nistration. No foresie hit can anticipate.
NOR anv document Of reasonable length
contain. express provisions for all possible
questions. Shall fugitives from labor be
SUP Tes cSn.,isusion dses no. expressly
s,y Nav Congress prohibit Slavery in the
Territories? The Constitution does not
expressly say Must Congress protect
Slavery in the Territories The Constltu
tor does not expressly say From qaes-
tons Of this class spring ell our Consfitu-
tional contr oversies, and We divide upon
them into majorities aud lninorities If
the min ority will not aequirsce the m Al orr
tv must or the Government must cease
There is no other alternative for contlnu-
ing the Government, but acquiescence on
the one side or the OF her. If a minority
in such case will secede rather than ac-
quesce, they make precedent which IN
turn will divide and ruin them; for mi
nority OF their own will secede from them
whenever a majority refuses to be control
led by such minority. For Instance,
why may not any portion of a new confe-
deracy, year or two hence, arbitrarily
secedc, precisely as portions of the present
Union now claim to secede from il? All
who cherish Disunion sentiments are now
being educated to the exact temper of do
ing this. Is there such perfect identity
of interests among the States to compose a
new Union, as to produce harmony only
and prove Mt renewed secession? Painly,
the central idea of secession is the essence
of anarchy.
A .jority held in restraint by Consti-
tutional checks and limitations, and always
changing easily, with the deliberate
changes of popular opinions and sentimen Is,
is the only true sovereignty Of free peo-
pie. Whoever rejects it does of necessity
fly to anarchy or despotism. Unanimity
il im possible. The rule of a minority as
q paramount arrangement Is holly mad
missbie. that rejecting the ma GRITTY
principle. anarchy and despotism in some
form is all that is left.
do not forget the position assun.ei by
some, that constitutional questions are {"
be decided by the Supreme Court. Nor
do | deny that such decision must be bin.
ding in any case upon the parties to snt,
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 uch de
cision may be erroneous in any given case
still the evil effect following il being linz
tied to that particular case, with the cha oce
that II may be overru:ed an never become
a precedent for other cases, can better be
b. s =
practice At the same time the candid
citizen must confess, that If the polieg of
the Goverume ct upon vital questions aft &c
ting the whole people. are 10 be irrego
bly, fixed By the de sision Of the Supre me
Court the iastant they are made, as ia or
binary litigation between parties in PER
sonal action. the people will have ceased
to be their own rulers, having t, that ex-
tens practically resigned their government
n,o the hands of that tribunal. Nor i,
there in ,his view any assault upon til
Court or the judges. Il is duty from
which they may not SIN ink, to decide eases
properly brought before them 1t is no
fault of theirs if others seek to turn their
decisions to political purposes. Onesec
ton Of 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 subs tan
tial dispute; for the Fugitive Slave clause
of the Constitution, and the law for the
suppression of the foreign Slave trade are
each as well enforced, perhaps, as any law
can ever be in community where the
moral sense of the people imperfectly sup
ports the law itself. Would the great
body of the people abide by the dry legal
obligation, in both cases after the separa-
ton of the sections, more generally than
before? The foreign slave trade, now i'm
perfectly suppressed, would be ultimatel
revived without restriction in Que section;
while fugitive slaves. now only partially
surrendered. would not be surrendered AT
all bv the other.
Physically speaking, We cannot sepa-
rat; cannot remove our respective sect ms
from each other, nor build an impossible
wal! between them The husband and
~ire may be divorced and go out of the
pressnce ar1 beyond the reach of each
other, bat the fferent parts of our COINS
try cannot do this; they cannot but rem ain
face 30 face, and an intercourse either ami
cable or hostile must continue between
them Is it possible. then, to make that
interior purse more advantageous or more
satisfactory after separating them then be.
fore?
Ii is seventy two years since the first in
auguration of a President under our ma
tional Constitution. During that period
fifteen different and greatly distingu vi. h, d
citizens have in succession administered
the executive branch of the Government.
They have conducted it through many
periis, and generally with great success.
Yet, vita all tlis scope of precedent | now
eater upon the same task, for the briet
constitutional term of four years under
great and peculiar diff Disruption
OF the Federal Union. heretofore only men
acad is how torm idably attempted.
1t is safe to assert that the Government
proper never had provision in its organs
ic Law for its own termination. Continue
to execute all the express provisions of
our national constitution. and the union
will endure forever-it being impossible
to destroy it except by some action not
provided for in the instrument itself
Again: Ii the United States be not
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