The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1861-03-05

wise TO ascertain precisely why we do IL -
WIN you hazard desperate IA step while
there is any possibility that any portions of
the ills you ny from have no 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 so fearful
mistake All profess to be content in the
Union If all constitutional rights can be main
tanned. Is IL true, then, that any right plain
ly written on the Constitution has been
denied. | think not Happily the human
reach to the audacity of doing this thing
Ihink, II yop can, OF single instance in
which plainly written provision of the Con-
siItution has ever been denied If, by the mere
force OF numbers II ma iority should deprive a
minority OF any clearly written constitutional
right, IL might, in a moral point of view. JUS
ufy revolution. II certainly would if such
right were vital one. But such is not our
case. All the vital rights of minorities and
of individuals, are so plainly assured TO them
by aitrmatio and mega tons guarant ees
and prohibitions III The Constitution that con
troNersies can never arise concerning them; but
organic law can never be framed with pro-
vision specifically applicable to- every ques-
ton which may occur in practical administra
ton. No foresight can anticipate nor any
document of reasonable length contain eX-
press provisions for all possible ques tons.
Shall fugitiyes from justice be surrendered
by national or by State authority? The Con-
sttutIon does not expressly say. May Con-
grcss prohibit slavery IN the Territories? The
Cons tuition does not expressly say. Must
Congress protect slavery in the Territories
The Constitution does not expressly say
From questions of this class spring all our
cons titu tional cOntroyers and we divide
upon them into malorities and minorities. -
If the minority will not acquiesce, the ma
JOrlty must, or the Government mus cease
There il no other alternative for continuing
the Government but acquiesccnce on one side
or the other. IT minority in such q case viii
sccede rather than acquiesce, they make Il pre-
cedent which, in turn, will divide ana ruin
them, for a minority of their own Will secede
from them whenever q majority refuses
10 be controlled by such n minority
For instance, why may not any portion of the
new Confedcracy, Il year or two hence, arbi-
trarily secede again precisely as portions OF
the present Union now claim 10 secede from
il? All who cherish diSunion sentiments are
now being educated to the exact temper OF
doing this. l. there such perfect identity of
interests among the States to compose a
new Union, as to produce harmony only
and prevent renewed secession? PlaIn-
| ly, the central idea of secession Is the IS
sencc OF anarchy. A majority held in re-
| straint by consttu tional checks and lllnita-
| tons, and always changing easily with de-
| liberate changes of popular opinions and SEN
| timents is the only true sovereign OF Ii free
! people. Whoever rejects II, does, OF necessity,
| fly to anarchy or to despotlsm. tn3nlmlty Is
! impossible The will of q minority. as per
| luanent arrangement, Is wholly in3dmssible,
| so that rejecting the majority principle, an;,r-
! chv or DIES potisln, in some form, Is all that Is
/ left.
! do not forget the position assumed by
sso,np that constitutional questions are TO
be decided By the Supreme Court, nor do |
| deny that such decisions must be binding in
| any case on the parties TO q suit as TO the OBJ
| ject Of that suit, while they are also entitle!
! to very high respect and consideration in AL
parallel cases, by all other departments OF the
Government And while it is obviously pos
aible that such decisions may be erroneous in
any given case. still the evil effect following
| it being limited to that particular case, with
al, LODI md
become precedent for other cases, it can be
| better borne than conld the evils OF deficien
practice. At the same time the candid either
must confess that If the 1,0ti"H IF the Govern
| 1aent ul,0n pitdI questi00S ufecting the 'oh0i'
| ;ep0DEe is to b. irrerocnbly fred By decision:
| he Su}lrfhe Court the instant heYnr Htnd
ia 0rdinarg litigation betecsen parties in per
&omni action, the peopie 'eiH hare cfdSed t.
be their oica rulers, having to that eXten
practically resigned their Government int
the hands Of that eminent tribunal
Nor is there IN this view any assault upon tn
Court or the Judges. II IL a duty from which
they may not shrink 10 decide cases properly
brought before them, and it is no fault o
theirs if Others seek TO turn their declsi ons L
political purposes
One section of our country believes SLAYER
is rig hit and ought to be extended, while tn
other believes II is wrong, and ought not TO b
extended. This is the only substantial dis
pute. The fugitive slave clause of the Cons Ii
tuition, and the law for the suppress ion of III
foreign slave trade, are each as ellenforce
| as any law can ever be in a comma
nifty where the moral sense of tn
people imperfectly supports the law itself -
The great body of the people abide by the DIR
legal obligation in both cases, and a few br n
! over it in each. This think cannot bn perfect
" cured, and il would be worse i'll both ease
after a separa ton of the sec lions than before
, The foreign slave trade, now mperfecttV SUI
. pressed. would be ultimately re- viyed Wlthot
. restrc ton in one section, while the fugitiV
, slaves, now only partially surrendered, woni
not be surrendered at all by the other. Ply
= slcally speaking, we cannot separate. W
cannot remove our respective sections fr0i
each other, nor build an impossible wall bt
: tween them. a husband and wife may be d
vorced and go out of the presence and 81
a yond the reach of each other, but the di
terent parts OF our country cannot do this
q They cannot but remain face to face, and II
a tercourse, either amicable or hostile, mu;
f con tnue between them. Is it possible, theI
| TO make that intercourse more advantageot
| or more satisfactory after separa ton than b.
fore Can aliens make treaties easier tina
= friends can make laws? Can treaties be MOI
a | faithfully enforced between aliens than law
;. can among friends Suppose you go 10 wa
= You canuot fight always. When, after mut
loss on both sides. and no gain on either, yc
- cease tgh ting, the identical questions rs
terms of intercourse are again upon you.
e This country, with it's institutions, belon,
q to the people who iuhabit ii. Whenever the
: grow weary of the existing Government, th'
e can exercise the cons titUtional right of amen
T.,
: Der or overthrow it. l cannot be ignorant
! the fact that many worthy and patriotic cit
a zens are DESTROYS of having the National Co
If | stitution amended. While | make no recon
it menda ton of amendments, L fully recognl
Y the rightful authority of the people ~ II t!
- whole subject, to be exercised in either OF /
k | modes prescribed in the instrument ltse Il, al
% l should, under existing circumstances, fave
rather than oppose, falr opportunl
s. | being afforded the people to act upon II.
l. | viii venture to add that to me the ConHe
" ton mode seems preferable, IN that its amen
is mentS are to originate with the people the1
Is ! selves, Instead OF only permitting them
N take or reject propositions originated by othe
lie not especially chosen for the purpose, a
rs which might not be precisely such Us III
N would wish to either accept er refuse.
it | underst IA nd Il proposed amendment 10 |
l. Constitution (Which amendment, however
le have not seen has passed Congress, 70 me
= feet that the Federal Government shall new
a interfere with the dOmestl lnSut utlouS OF
of States, including that OF persons held 10 81
le vice. To avoid misconstructon of what h1
IS said, depart from my purpose not 10 speak
* particular amendments, so Tar as 10 say IN
holding such a provision TO now be lnpl
G. constitutional law, l have no objection 10
ct being made express and irrevocabie: I
ld Chief Magistrate derives al his authOrl
ly from the people, and they have conferred nc
" upon him to FIX terms for the separation
be the States The people themselves can
u this, also, If they choose, but the EEecutl
as such, has nothing TO 10 with II. 1t rs
QuIN 10 administer pAto'tie NiS'Ni
n, il came 10 his hands, and 10 transmit
e. | Unimpaired by him, 10 his successor
ms WHY should there not be a patient coniidel
h iii the ultimate justice OF the people is IN
| any better or equal hope IN the world?
E / our present differences, is either party WI
IT, | ont faith of being iii the right? If the
O. | mighty Ruler of Nations, with his eter
in truth and Justice, he on your side, OF
n North, or yours, Oh tht Eoouih' .it'' - '''4 q
ed that Justice will surely prevail by the Ju'
Sc ment of this great tribunal, the Ameri(