Year: 1861

y


ence? Will you, while the certain ills you ny to are
greater than all the real you fy FROM risk the
commission of so fearful a mistake? All profess to
be content in the Union if all Constitutional nights
can be maintained. Is it true, then that any right
plainly written in the Constitution has been denied?
think not. Happily the human mind is SO constr
tuted that party reach to the audacity OF do
ing this thing. If you can offer single instance
in which plainly written provision of the Constr
tuition has been denied if by the mere force of
numbers majority shall deprive minority of any
clearly written Constitutional rights, it might in
moral point of view, justify such o decision, 1t
certainly would if such right we're vital one, but
such is not our case all the vital rights of minoTi
ties and individuals plainly assured by the
orizng Alternatives and legislative guarantees and
propositions in the Constitution, that controversy
never arises concerning them but no organic law
can beframed with provision specifically applicable
to every question which may occur in practical ad
mnistration. No foresight can anticipate, nor any
document of reasonable length contain express pro-
visions for all possible questions.


Shall fugtives from labor be surrendered MP by
National State authority? The Constitution
does not expressly say. May Congress prohibit
slavery in the Territories? 3? The Consultation does
not expressly say. Must Congress protect slavery
In the Territories? The Constitution does not ex-
pressly say. From questions of this class spring
all our controversies, and divide upon them into
majorities and minorities. If the majority must
rule the Government must cease, there is no 9TH
er alternative for continuing the Government but
acquiescence on the one side or the other. If
minority in such will secede rather than acqu-
esce, they make precedent which in turn will di-
vide and ruin them. For instance why may not a
portion of new confederacy a year or two hence
arbitrarily secede again. precisely portions of the
present Union now claim to secede from it? All
who cherish disunion sentiments are now being ed
ucated to the exact temper o. doing this Is there
such perfect identity in the interests of the States to
compose new Union as to produce harmony only,
and prevent renewed secession !? Plainly the CEN
trail idea of secession is the essence of anarchy. A
majority held in restraint by constitutional checks
and limitations, and always changing easily with
deliberate changes of popular opinions and senti-
ments, is the only true sovereign of free people,
Whoever rejects it does of necessity fly to anarchy
and despotism. Unanimity is impossible. The
will of q majority as a permanent arrangement is
wholly inadmssible; that, rejecting the majority
principle, anarchy and despotism in some form is
all that is left.


l do not forget the position assumed by some
that constitutional questions to be decided by
the Supreme Court, do deny that such deci-
sions must be binding in any upoh the parties


suit as to the object of that suit while they are also
entitled to every respect and consideration in a
parallel case, by all other departments of the Gov
ernment; and while it is obviously possible that
such decisions may be in any given cause
STILL the evil effect following it being limited to that
peculiar case, with the chance that it will be over





can better be borne than could the evils of differ
ent practice. At the same time the candid citizen
must confess that if the Government upon vital
questions affecting the whole people, is to be irrev
ocably fixed by the decisions of the Supreme Court
the instant they are made in ordinary litigation
between parties in personal action the people will
have ceased to be their own rulers, having to that
extent practically resigned their Government into
the hands of that tribunal. Nor is there, in this
view, any assault upon the Court Judges. 1t is
Aufy frnv, rul,s oh fhaur IL
cases properly brought before them; and it is no
fault of theirs if others seek turn their decisions
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 for the fugi-
tive slave clause of the Constitution. and the laws
for the suppression of the foreign slave trade, are
just well enforced, perhaps as they can ever be
in community where the moral sense of the peo-
pie supports the law itself The great body of the
people abide by every legal obligation in both ca
ses After the separation of the two sections the
foreign slave trade, now mperfectly suppressed,
would be ultimately revived without restriction in
section, while fugitive slaves now only partial
ly surrendered, would not be surrendered all by
the other.


Physically speaking we cannot separate cannot
remove our respective sections from each other, nor
build impossible barrier between them The
husband and wife may be divorced and go out of the
presence beyond the reach of each other but the
different parts of country cannot do this They
cannot but remain face to face, and intercourse
either amicable hostile must continue between
them. Is it possible then to make that inter-
course more advantageous satisfactory af-
ter separating than berorc? Can aliens make trea-
ties easier than friends make laws? Can trea-


ties be faithfully enforced between aliens than
laws among friends? Suppose you go to You
cannot fight always, and when, after much loss
both Sides thereis gain either you fight
the old identical questions to ofnercourse
again upon you. This country, with its insti-
tutions, belong to the people who inhabit it. When
ever they shall grow weary of the existing govern
ment they exercise their constitutional right of
amending it, their revolutionary right to dis
member or overthrow it. We cannot be ignorant
of the fact, that many worthy, patriotic citizens
desirious of having the National Constitution a.
mended. While l make recommendation of
amendments, fully recognize the rghtful authori-
ty of the people the whole subject to be exer-
cised in either of the modes prescribed in the in
strument itself, and 1 should under existing cir
cumstances favor rather than oppose fair opportu-
nifty being offered the people to upon it. will
venture to add the constitutional mode seems pref
cradle, inasmuch as it allows the amendments to
originate with the people themselves instead only
of permitting them to take or reject proposition
originated by others not specially chosen for the
purpose, and which might not be preferred, such
they would wish to either refuse reject.


I understand proposed amendment to the Con-
stitution-which amendment, however, have not
seen-has passed Congress, to the effect that the
Federal Government shall never interfere with the
domestic institutions of the States, including that
of persons held to service. To avoid a misconcep-
ton of what have said, depart from my pur-
pose to speak of particular amendments far as
say that holding implied constitutional views, l
have objection to its being made express and ir
revocable The chief magistrate derives all his
thority from the people, and they have conferred
none upon him fix forms for the separation of the
States The people themselves can do this only if
they choose but the Executive, as snch has moth
ing to do with it His duty is to administer and
preserve the Government it came to his hand,
and to transmit it, unimpared by him, to his sue
cessor. Why should there not be patient conf
dence in the ultimate justice of the people? Is
there any better or equal hope in the world in
present difficulties? Is either party without faith,
being in sight of the Almighty Ruler of nations,
with his eternal truth and justice on every side?
This same people have wisely given their public
servants but little power for mischief, and have
with equal wisdom provided for the return of that
little to their own hands at very short intervals.
while the people retain their virtue and vigilance
No administration, in any extreme of wickedness
or folly can very seriously injure the Government
in the short space of four years. My countrymen.
one and all, think favorably and well upon the
whole subject. Nothing valuable can be lost by
taking time. If there be object to hurry any of
you in hot haste to step which you would never
take deliberately that object will be frustrated by
taking time but no good object be frustrated
by it Such of yen as dissatisfied still have
the old Constitution unimpaired, and on the sensi-
ssx-av int tho1 1oUS of ovn fran nd