The Lancaster ledger. [volume] (Lancaster, S.C.) 1852-1905, 1861-03-13

sured 10 them by affirmatious and nego.
tiallons, guarantees and prohibitions, in
The Constitution, that controversies never
arise concerning them but no organic
law can ever be framed with a provision
specifically applicable 10 every question
which may occur in practical adminis,ra.
ton. No foresight can anticipate, nor
any document of reasonable length con.
tam express provisions 70. all possible
questions. Shall fugitives from labor be
surrendered by National or by State au.
thority the Constitution does not express
y cay. May Congress prohibit slavery
in the Territories the Constitution does
not expressly say. Must Congress pro-
tect slavery in the Territories the Consti.
tuition does not expressly say.
From questions Of this class springs all
our constitutional controversies, and we
divide upon them into majorilies and mi
norities. II the minority will not acqui
esce, the majority must or the Govern
ment must cease. Thero is no other al.
ternative for continuing the Governments
acquiesence on one side or the other. If
a minority in such case will secede rather
than 9cquesce, thew make a precedent
which in time will denounce and ruin
them, for minority of their own will Sc
cede from them whenever II majority re-
fuses to be controlled Uy such minority.
For instance Why may not any portion
OF new Confederacv, year or two
hencc, arbitrarily secede again precisely
rs portions Of the present Union now
claim to secede from it All who cher
ish d'sunion sentiments are now being
educated to the exac, temper of doing
this. Is there such perfect identity Of
interests among the States to compose
new Unicn as to produce harmony orlv,
and prevent renewed secession 2
Plainy y, the central idea Of secession
is the essence Of anarchy. A majority
held in restraint by constitutional checks
and limitations, and always changing ca.
silly with deliberate changes of popular
opinions and sentiments, is The only true
sovereign o: free people. Whoever re-
Jects i, Dies Of necessity fly 10 anarchy
or despotism. Unanini'y is impossible
The rule Of minority, as permanent
arrangement, is wholly inadmissabIe.--
So that rejecting the majority principle,
anarchy or despo;sm, 10 some form, is
all ihat is left. do no, forget the posi-
ton assumed by some, that Constitution
al questions are 10 he decided 10y the Su
preme Court, nor do | deny that such de-
cisions must be binding, iu any case, upon
the parties to suit, while they are also
entitled to very high respect and consiG..
ration in all parallel cases by all other
Departments Of the Government and
while il is obviously possible that such
decision may be erroneous in any given
case, still the evil effects following it being
limited to that particular case, with the
chance that it may be overru,ed, and nev
er become a precedent for other cases, car
better be borne than could the evils Of a
different practice. At the same time the
candid citizen must confess that il the
policy Of tie Government, upon vial
questions affecting the whole people, is to
be irrevocably axed by decisions Of the
Supreme Court, the instant they are made
in ordinary litigation between parties in
personal actions, the people will have
ceased to be their own rulers, having to
that extent practically resigned their
Government into the hands of that emf
nent tribunal nor is there in this view
any assault upon the Courts or the Jud.
ges. II is duty from which lbey NAV
not shrink TO decide cases properly
Brought before them and, it is no fault
of theirs, if others seek to turn their do.
cisons to political purposes One section
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 substantial
dispute. The fugitive slave clause of the
Constitution and the law for the suppres,
sion OF the foreign slave trade. are as Just
as any law can ever be, in community
where the moral sense Of the people i'm.
perfectly supports the law itself The
great body Of the people abide 10y the
dry legal obligation in both cases, and
few break over in each. think this can
not be cured, and that it would be worse
in both cases, after the separation of The
sections than before.
The foreign slave trade, now imperfect
| iy suppressed, would he ultimately revived
without restriction, in one section, while
fugitive slaves, now only partially surren
dered, would not be surrendered at all.
Physically speaking, we cannot sepa.
.ste, we cannot remove Our respective
sections from ench other. nor build an
impossible wall between them. A hus.
band and wifenay be divorced, ard 90
out Of the presence ana beyond the reach
Of each other; but the different parts Of
our country cannot do this. They can.
not but remain lace to face-and inter.
course, either amicable or hostile, mast
continue between them. Is II possible,
then, to make that intercourse more ad :.
vsn,ageous and more satisfactory after
separation than beforei Can aliens
make treaties 2 Can aliens make laws 2
Can treaties be more faithfully enforced
between aliens than laws can among
friends : Suppose yor GO TO war, you
a A