Dallas herald. [volume] (Dallas, Tex.) 1849-1873, 1861-03-20

provision ut the CONSTITUTION hNn
been denied, ifby the mere farce of
numbers, il II majority should de-
privo the minority of any clearly
written Constitutional right, II
might, In II moral point of view,
Justify revolution, II certainly
would, il such II right were vital
ono, but such is not our case, All
the vital rights of minorllics ana
individuals mo 80 plainly assured
them by aillrmnlions and ncgations
guaranteed, and prohibitions in the
Constitution, that controversies ne
Yer can arise concerning them, But
no organic law can ever bc framed
with provisions specifically appllca-
bic TO every question which may
occur on its p'articaI adminislra-
ton.
No foresight can anticipate, nor
any document of reasonable length
contain express provisions for all
possible questions, Shall iNgitivcs
from laborbc surrendered by Nation
nl or by State authority? The Con-
stitution does not expressly say,
MAY Congress prohibit slavery in
the Territories ? The Constitution
does not expressly say, Must Con-
grcss protect slavery in the Terri
tories ? the Constitution does not
expressly say. From questions OF
this class, have arisen all our con
stitutional controversies, and we di-
vide upon them into majoritics and
minoritics. If the minority will
not acquicsce, the majority must,
or the government must cease
There is no other alternative for
continuing it but acquicsccncc on
one side or the other. If the mi
nority in such cases will scccdc rath-
cr than acquicscc, they make II
precedent which in time will divide
and ruin them for minority of
their own will scccdc from them
whenever n majority chooses TO be
controlled by such minority.
For instance why may not any
portion of the new Conttdcracy in
one year or two hence, arbitrarily
seccdc again, precisely as portions
of the present Union claim to seccde
from it ? All who cherish disunion
sentiments, are now being educated
to the exact temper Of doing this.
Is there such Il perfect identity Of
interest among the States to COM
pose the new Union, as to produce
harmony only, and prevent renew
ed secession Plainly the central
idea Of secession is tht essence Of
monarchy. A majority held in
restraint by constitutional checks
and limitations, and always chang
ing easily with the deliberate chan
gcs Of popular opinions and senti-
mcnts, is the onl V true sovereignty
of n free people.-Whoever rejects
it does of necessity, fly to anarchy
or to despotsm.
| do not forget the position as
sumcd by some, that constitutional
guarantees are to be decided by the
Supreme Court; nor do ! deny that
such decisions must be binding in
any case upon parties to suit As
to the objections Of that sort, while
they are also entitled to very high
respect and consideration in all par
allel cases, by all other departments
Of the government and while it is
obviously possible that such de-
cision maybe erroneous in any given
case, still the evil effects following
it being limited to that particular
case, with the chance that it may be
overrulcd, and never become pre-
cedent for other cases, can better be
borne than could the evils Of the
different practice. At the same
time, candid citizens must confess
that, if the policy ofthe government,
upon vital questions affecting the
whole people. is to be irrevocably
fixed by The decision of,he Supreme
Court, che instant they are made IN
legislatures between the
parties and personal actions, the
people will have ceased 70 be their
own rulers, having to that extent I
practically resigned their govern
Inent into the hands Of that eminent /
tribunal. Nor is there, in this view, /
any assault upon the court or upon
the Judges. It's duty from which !
they may not shrink to decide all
cases properly brought before them,
and it is no fault Of theirs if others
seek to turn their decisions to polit-
ical purposes.
One section Of our country believes /.
slavery is right and ought to be eX-
tended, while the other believes that
it is wrong and should not be eX-
tended. This is the only dispute
The fugitive slave clause of the con
stitution and the law for the sup
preston Of the foreign slave trade,
are each as well enforced perhaps,
ms any law can be, in Il community
where the moral sense of the people
abide by the dry, legal obligation in
both cases. A few break over, and .
either, [ think, connot be perfectly
curbed and it would be worse in
both cases after the separation of
one section than before. The for
eign slave trade, now impertectly
suppressed, would be ultimately re
vived without restrictions in one
section, while the fugitive slaves
now only partially surrendered,
would not be surrendered at all by
the other.
Physically speaking, we cannot
separate, we cannot remove our re-
spective sections from each other,
nor build up an impossible wall be-
t,roon thnn A husband and wife .