The Athens post. [volume] (Athens, Tenn.) 1848-1917, 1860-09-14
The Constitution and the Union.

out an adherence to the guarantees Of the
Constitution. They forget that there was
Union before the Constitution was adopt
ed; and that the Constitution was ''ordan-
ed and established" +" sin order to form
more perfect Union"
The union of the States, and the Consti-
tuition, never have been regarded as en-
tirely faultless. What work of man can
be? But with all the faults which may be
attached to them, we have prospered as
no other people have, and pointing to our
achievements in the past, we may safely
say that we have been peculiarly blessed
people.
The senseless grumbling about violated
Constitutional rights, without an effort, at
the right time and the proper place,
to have those violated rights restored,
amounts to nothing more than silly twat-
tie. Who will get up and state, that his
individual rights in this country have been
violated? If the man can be found, let
the question be asked of him: "Have you
tllbiiSu iol lCNlCoo W tilC lloDtl ti.pu-
nal?" If he has not, then he has neg
lccted the means, provided by this Gov
eminent, for the restoration of any right
of which he has been deprived, and he
stands confessed willing sheep to be
shorn at pleasure. Such man has no
right to ventillate his wrongs on the hust
ings, when he exhibits no desire to have
his rights restored in the way and manner
provided by the laws of the land. Our
rights in the States, and in the Territories,
are all protected by law What is Consti-
tutional law in one State, is Constitutional
law in all the States and in all the Terri
tories. But what is State law and Terri
torial law must be provided by States and
Territories. In South Carolina, no wife
can be legally divorced from her husband,
or vice versa. In Georgia, and many other
of the States, divorces are legal and
very frequent. But Georgians cannot
force on Carolinians her divorce laws,
neither can Carolinans force on Georgians
her laws preventing divorces. a party
legally divorced in Georgia cannot legally
marry another and live together in South
Carolina, so long as the parties to the
original or first marriage contract are in
life.
Different States have many different
laws, all made in conformity to their re.
spective State Constitutions, and not vic.
latvc of the Constitution and laws Of the
United States. The different organised
Territories also have different organic acts
or Constitutions, under which they act
and they are restricted from passing any
law in violation of the Constitution ano
laws of the United States. If unconstitu
tional laws are passed by any State or by
any Territory, the laws of the land sufli
ciently provide the way for redress to bt
obtained. Instances are numerous enough
where laws have been declared unconsti
tutional, and the same high legal tribu
nails yet exist, and have the same higl
powers now that they have ever exercis
ed.
"That which has been once done. ant
well and successfully done, carries with i
the intrinsic weight of precedent and eX
ample; and precedent and example re
peatedly followed acquires the force o
custom; and customs, well known anC
long established, settle down into funda
l mental law; and fundamental law, OF ne
= cessity, developes itself into institutions
For what are institutions but law in action
law in habitual action? And it is because
institutions are the representatives OF un
questioned law, that they become the de
fences behind which the better, the high
er, and the purer elements of society ar'
rallied and organised, and from this want
!, age ground are able to repel the assault
Of folly, ignorance, and evil.'
f Although these incontrovertible fact
f are known, yet we are told that the Con
1 stitution has ceased to be respected, AM
our Federal Union is now held togethe
f without regard to the rights guarantees
f to all sections of the Union under tn
i Constitution. For the sake of argumen
only, we will admit that our Constitutions
rights are not as fully accorded to us a
: we might desire. Is the only remedy 70
. such condition of affairs to be found i
- dissolving the Union? Must we cut ope
. the goose to-day because she did not la
us a golden egg on yesterday? Must W
y administer strychnine in killing doses
=, the pale and enfeebled patient ratho
y than pursue course Of medication calcl
: lated to restore health? Why, the RAJ
% idly sinking, hectic-hued consumptiv
- clings to life and hope, even at the verg
:, of the grave; and it frequently happer
that the recuperative powers of natul
" rally, and the patient is restored to healtl
: Shall we have less hope of restoration fc
the impaired health of our GovernmeI
y than we have from diseases of fruil mo
y tality, when we know that death is certai
for man, and there is no limit to the Ii
: of good government wisely odministe
Il ed?
1t is the duty of patriots to correct c
/. rors of legislation, but not to destroy the
f government. In the language of NJ
n Toombs, in the Senate, Feb. 2S, 1856:
s. "Let him endeavor to change those lay
A. if they are bad-but let him take care
~ do it in a legal and proper manner. Th
y is legitimate; that is proper, but let hi
N not attempt to incite insurrection amor
ID any class of inhabitants, white or blacl
" 1t was we'll remarked by a learned En-
:, lish author, that he who goeth abo,
70 teaching the people that they are not
or we'll governed as they should be, will n
es fail to find many attentive listener
le whether the government be good or bat
is As long as you are within the law, yc