Page:The History of Slavery and the Slave Trade.djvu/797

 legitimately from the doctrines of self-government, that I need only to allude to the question to satisfy every one of its justice. The "people must be perfectly free" to regulate their own business in their own way; and when the voice of the majority is fairly expressed, all will bow to it as the voice of God. Let the people, then, rule in everything. I have every confidence in the virtue, intelligence, and "sober thought" of the toiling millions. The deliberate popular judgment is never wrong. When, in times of excitement, the popular mind may be temporarily obscured from the dearth of correct information or the mists of passion, the day of retribution and justice speedily follows, and a summary reversal is the certain result. Just and patriotic sentiment is a sure reliance for every honest public servant. The sovereignty of the people must be maintained.

Section 15th of this act allows writs of habeas corpus to be issued by the probate judge, but leaves him no authority to hear the case and grant justice; but refers the matter to the "next term of the district court." The several terms of the district court are at stated periods, and the provision alluded to amounts to a denial of justice and a virtual suspension of "the great writ of liberty," contrary to the letter and spirit of the constitution of the United States.

Many provisions of chapter 66, entitled "Elections," are objectionable. Section 11th, requiring certain "test oaths" as prerequisites to the right of suffrage, is wrong, unfair, and uneqal upon the citizens of different sections of the Union. It is exceedingly invidious to require obedience to any special enactment. The peculiar features of these test oaths should be abolished, and all citizens presumed to be law-abiding and patriotic until the contrary clearly appears. Sworn obedience to particular statutes has seldom secured that object. Justice will ever commend itself to the support of all honest men, and the surest means of insuring the ready execution of law, is to make it so preeminently just, equal and impartial as to command the respect of those whom it is intended to affect.

Section 36th deprives electors of the great safeguard of the purity and independence of the elective franchise: I mean the right to vote by ballot; and after the first day of November, 1856, requires all voting to be viva voce. This provision, taken in connection with section 9th, which provides that "if all the votes offered cannot be taken before the hour appointed for closing the polls, the judges shall by public proclamation, adjourn such election until the following day, when the polls shall again be opened, and the election continued as before," &c., offers great room for fraud and corruption. "Voting viva voce, the condition of the poll can be ascertained at any moment. If the parties having the election officers are likely to be defeated, they have the option of adjourning for the purpose of drumming up votes; or in the insane desire of victory, may be tempted to resort to other means even more reprehensible. The right of voting by ballot is now incorporated into the constitutions of nearly all the states, and is classed with the privileges deemed sacred. The arguments in its favor are so numerous and overwhelming that I have no