The Kenosha telegraph. [volume] (Kenosha, Wis.) 1860-1888, 1861-03-07
real ones Won 1v fro,;, .

HfiCteh III Tie consultation, mas been den1euf
l think not. Happily the human mind is SO
constituted that no party can reach to the au-
daeity OF doing this. Think, if you can of
single instance in which plainly written pro-
vision Of the Constitution has ever been de-
MED.
II by the mere force of numbers, majority
shall deprive minority of any clearly written
constitutional right, it might, in a moral point
OF view. justify revolution; it certainly would
It such right were vital one-but such is not
our case. The vital rights of ninorities and
OF individuals are so plainly assured TO them
by aflirmations and legal guarantees and pre-
hibitions Of the Constitution, that controversy
never arises concerning them. But no organ
&c law can ever be framed with a provision
specially applicable to every question which
may occur in practical administration. No
foresight can anticipate kor any document OF
reasonable length contain express provision
for all possible questions. Shall fugtives
from labor be surrendered by National or State
authorities? The Constitute on does not express
ly say. Must Congress protect slavery ia ter
rt0ries! The Constitution does moi expressly
say. From questions of this class spring all
our constitutional controversies and we divide
upon than into majorities and minoYities.
Ii the minority wlllllot aequ:eSce, the ma
Jority must or the government must cease
There is no alternative for continuing the gov.
ernment but acquscence on the one side OF
the other. The minority in such case, will
! recede rather than acquiesce.
phey maae a precedent which will in turn
ruin and divide them, for minority of their
own will seeede from them whenever majority
refuses to be controlled by such a minority
For instance, why may not any portion of a
new COnfedracy, a year Or two hence arbitra-
rily secede again, precisely as portions of the
present Union now claim to seeede from it?
All who cherish dsunion sentip ents are now
being educated 10 The exact temper of doing
this There is not such perfect indemnity Of
interests among the States to compose new
MON as to produce harmony only and pre-
vent a uew secession. Plainly the central idea
Of secession is the essence Of anarchy A ma
jority he d in restraint by constitutional checks
and limitations, and always changing easily
with deliberate changes of popular opinions
and sentiments is the only true sovereign of
free people. Whoever rejects It'll does of
necessity fly to anarchy or despotism. IMAM
unity is impossible The rule of the minority
AS permanent arrangement, is wholly mad
Hissible. So that, rejecting the majority prin
ciple, anarchy or despotism in some form, is
all that ia left. do not forget the position as
sumed 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 10 the parties to a suit 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 such decision may be erroneous in any
given case, still the evil effect following it be-
ing limited to that particular case, with the
lchanca ihat it may be oveErued and never
become a precedent for other cases, can better
be borne than could the evils of different
practice. At the same time, the candid cti-
zen must confess that if the policy Of the gov
eminent upon vital question affecting the
whole people is to be iEreyocably fixed by the
decisions of tlhe Supreme Court, the instant
they are made, [as] in ordinary litigation be-
tween parties in personal actions, the people
will have ceased to be their own rulers to the
extent practically, of resigning their govern
ment irto the hands Of that eminent tribunal
| Nor is there IN this view any assault upon the
| court Or the Judges. 1t is 6uty from which
they may not shrink, to decide cases properly
| brought before them. 1t is no fault of thets If
others seek to turn their decisions to political
! purposes. One section of our country believes
slavery IS light aud ought to be extended
while the other believes it is wrong and ought
not to be extended. This is the only substan-
tia dispute The Fugitive Slave clause in the
| Constitution aud the law for the suppression OF
| the foreign slave trade are as well enforced per
hans as any law can ever be in a community
where the moral senae Of the people imperfect
" supports the law itself The great body of
the people abid. by the dry, legal obligation
! in both cases, and q few break over in each
! This, think cannot be perfectly cured, and i.
would be worse in both cases after the separa-
ton of the sections than before. The foreign
slave trade, now imperfecty suppressed, would
be impnrfectly revived, without restriction in
one section, while fugitive slaves now partially
surrendered would not be surrendered at all
| by the other Physically speaking. we cannot
| separatG--we cannot remove our respective
sections from each other; nor build an impass
able wall between them. A husband and wife
may be divorced and 60 out of the presence
aud beyond the reach of each other; but The
! different parts of our country cannot do this
| They cannot but remain face to face, and in
] tercourse either amicabe or hostile, must CON
tnue between them. Is it possible then TO
make that intercourse more advantageous or
more satisfactory after separation than before?
| Can aliens make treaties better than friends
can make laws? Can treaties be more faithful
! Iy enforced between aliens than laws amono
friends? Suppose you go to war. You can
not fight always; and when, after much loss on
both sides, and no gain on either, you cease
! fighting, the indenical questions as to terms
Of intercourse are again upon you
! This country, with its Institutions, belongs to
the people who inhabit it. Whenever they
grow weary of the existing government, they
can exercise their constitutional rightin amend
III :, OF their revolutionary right to dismember
or overthrow, it. | cannot be ignorant of the
! fact that many worthy and patriotic citi-
! zens are DESTROYS of having the National
Constitution amended While make no rec
omendation of amendment, l fully recognize the
| full authority of the people over the whole SUBJ
tct, to be exercised in either of the modes pre-
scribed IN the instrument itselc and l should
under existing circumstances, favor rather than
| oppose a fair opportunity being afforded the
! people 70 act upon it. | will venture to add
| that to me the Convention seems preferable, i'm
that it deems amendments to originate with the
people themselves instead of only permitting
them to take or reject propositions originated
| by others not especially chosen for tie pur-
pose, and which might not precisely suit, as
they would wish Others to be presentedl to
accept Or refuse. | understand II proposed
amendment to the Constitutions which amend
meIt howcver, have not seen, has passed
| Congress, to the effect tnat the Federal Gov
ernment shall never interfere with the domes-
| TIC institutions OF States, including that ofper-
sons held 10 service. 70 avoid miscOnstruc
ton Of what have said, depart from my pur-
pose not to speak of particular amendments, so
TAR as to say that hol ling such position TO now
be implied constitutional law, / have no OBJ
lection 10 its being made express and irreYoca-
Die. The Chief Magistrate derives all his au-
thority from the people, aud they have con
ierred none upon him 10 Ak the terms for the
separation of the States. The people them
selves alone can d. this # they choose; but the
Executive, as such, has nothing to do with it.
His duty is to administer the present govern
ment as it comes to his hands, and transmit
[it] unmpared by him 10 his successor. Why
should there not be patient confidence in the
ultimate justice of the peope Is there any
better or equal hope in the world? In our
present differences is either party without
faith of being in the right2 If the Almighty
Ruler of nations, with eternal truth and Justice,
be on your side Of the North, or on yours OIL
the South, that truth and justice will surely |
prevail! by the Judgment of this great tribunal |
the great American people. BY The form |
Of the government under which We live, this |
same people have wisely given their public ser