Year: 1861




the national troubles, and the restoration of
the fraternal feeling.


That there are persons in one section or an
other, who seek to destroy the Union at all
events, and are glad of any pretext to do 1t,
will neither affirm or deny but if there
be, to such, | need address no word
10 those, however, who really love the I'm
ion, may not speak, before entering upon
so grave matter as the destruction of our
national fabric with all its benefits. its mem.
ories, and its hopes ? Would it not be wise,
to ascertain previously, if it is we'll to haz
ard SO desperate step, while there is pos
sibility that any portion of the ills you hy
from, have no real existence ard the GER
tain ills you fee too, are greater than all
the real ones you fly from? Will you risk
the commission OF so fearful mistake?


MINORITIEs AND MAJORIrIEs.


Ali profess 10 be content in the Union,
ifall constitutional rights can be maintained.
Is it true, then, that any right plainly
written in the Constitution has been denied?
l think not. Happily the human mind is
so constituted that no party Can reach 10
the audacty of doing this. Think, if you
can, OF slugle instance in which IA plainly
written provision OF the Constitution has
ever been denied. 1t, by the mere force Of
numbers, a majority shall deprive minority
ofany clearly written constitutional right, it
might, 10 moral point OF view justify reyo-
luton. 1t certainly would, if such right
was vital one; but such is not our case.
The vital rights of minorites, and of indl-
viduals are so plainly assured to them, by the
atfirmations and negations, the guarantees and
prohibitions, of the Constitution, that con-
lroversy never arises concerning them. But
DO organized law can ever be framed with
a provision specially applicable to every
question which may occur in practical ad-
minis ration. No foresight can anticipate,
nor any document OF reasonable length con-
tain, express provisions for all possible ques-
tions. Shall fugltives from labor be sur
rendered by national or state authorities Z?
the Constitution does not expressly say
Must Congress protect slavery in the Terri
tories the Constitution does not ex-
pressly say. .-.t I-,


From questions of this Class, spring all
our constitutional controversies, and We
divide upon them into majoritles and mi
norities. If the minority will not acquesce,
majoritles must, or the government must
cease. There is no alternative tor cOrtinu
ing the government but acquiescence on the
one side or the other. If the minority, in
such case, will secede rather than acqui
esce, they make precedent which will
10 turn, ruin and divide them for a minor
ity of their own will secede from them
whenever majority refuses to be controlled
by such minority


For instance, why may not any portion OF
new confederacy a year or two hence,
arbitrarily secede again, precisely as por.
tlOns OF the present Union now claim the
right to secede from it? All who cherish
dsuniOn sentiments are now being educated
to the exact temper of doing this. Is there
such perfect identity OF interests among the
states to compose a new Union, as to pro.
duce harmony only and prevent new seces>
sion? Plainly, the central idea Of secession
is the essence OF anarchy.


A ajority held in restraint by constitutional
check and limitation, and always changing
easily with deliberate changes of popular
opinion and sentiments. is the only true
sovereign of free people. Whoever re-
jects it does OF necessity fly to anarchy or
despotism. Unanimity is impossible. The
rule of the minority, as permanent argu-
ment, is wholly inadmssible. So that,
rejecting the majority principle, anarchy
or despotism in some form, is all that is left.


THE SUPREME COURT AND ITS DECISIONS.


l do not forget the position assumed by
some that Constitutional questions are to
be decided by the Supreme Court, nor do
l deny that such decisions must be binding
in any case, to the parties to suit, as to
the subject Of that suit, while they are also
entitled to very high respect and consid-
GRAFTON in all parallel cases, by all other de
partments Of the government, and while it Is
obviously possible that such decisions may
be erroneous in any given case, still the
evil effect following it, being limited to that
particular case, with the chance that it may
be overruled and never become precedent
tor other cases, can better be borne than
could the evils of deficient practice. 1t
is duty from which they may not shrink
to decide cases properly brought before
them. tits no fault of theirs, if others seek
W turn Cneir 0eclSlOnS 10 political purposes.


THE "ONLY SUBSTANTIAL DISPUTE"


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 in the Constitution, and the law for the
suppression of the foreign slave trade, are
as we'll enforced, perhaps, as any law can
ever be, in a community where the moral
sense OF the people, imperfectly supports
the law itself. The great body of the people
abide by the dry legal obligations in both
cases; and few, or over, violate them in
each.


THE EVILS OF DIsUNION.


This, l think, cannot be perfectly cured,