The Athens post. [volume] (Athens, Tenn.) 1848-1917, 1861-03-08

w ohoii toHS ctre, Us tne 'IOnSUtutiOn
Itself expressly enjoins upon me, that the
laws OF the Union be faithfully executed
Dong this / deem % be only simple
duty on my part. and shall perform it
20 far as practicable, unless my rightful
masters, the American people, shall with
hold the requisite means, or in some au.
thoritative manner, direct the contrary.
trust that this will not be regarded "a
menace. but only as the declared pur-
pose OF the government, viz: that il will
defend and maintain
itself. fa...t ~
In doing this there needs to be no
or violence, and there shall be
none, unless it be forced upon the nation
al authority.
The power confidcd to me will be used
to hold, occupy and possess the property
and places belonging to the Government
and to collect the duties on imports But
beyond what are necessary for these OBJ
jects there will be no invasion, no using
OF force against or among the people any
where. Where hostility to the United
States in any interior locality shall be so
great and so universal as TO prevent
competent resident citizens from holding
the offices, there will be no attempt to
force obnoxious strangers upon the peo-
Pile for that object. While the strict legal
right may exist in the government to en-
force the exercise of these, the attempt
to do so would be so irritating and so
nearly impracticable that deem it better
TO forego for time the use of such Offices
The mails, unless repealed, will continue
to be furnished in all parts of the Union,
co fnr VAusih1a frLa
where shall have that sense of perfect Sc
curity which is most favorable to calm
thought and reflection.
The course here indicated will be fol-
lowed unless current events and expert
ence shall show y modification or change
70 be proper, and in every case of exigen-
cy my best discretion will be exercised
according to circumstances actually ex-
isting, and with view and hope of a
peaceful solution of the national troubles
and a restoration of fraternal sympathies
and affections.
That there are persons in one section or
another who seek to.destroy the Union
at all events and are glad of any pretext
for doing it, will neither affii m or deny
but if there be such need address no
word to them. TO those, however, who
really love the Union may just speak
before entering upon so grave matter as
the destruction of our national fabric.
with all its benefits. its memories and its
hopes. Would it not be wise to ascertain
precisely why it should be done? Will
you hazard so desperate step while there
is any possibility that any portion of the
ills you fly from have no real existence
Will you, while the certain ills you fly 10
are greater than all the real ones You fly
.from-will you risk the commission of so
fearful a mistake?
All profess to be content in the Union
If all their constitutional rights can be
maintained. Is it true then. that any
right plainly written in the Constitution
has been denied? think not. Happi.
ly, the human MUD is so constituted that
no party can reach to the audacity of do
ing this. Think, if you can. of a single
instance in which a plainly written pro-
vision of the Constitution has ever been
denied. If. by the mere force of nun.
bers, a majority should deprive the mi
nirity of any clearly written constitutions
al right, it might in moral point of view
justify revolution. Certainly 1t would if
such right were vital one. But such
are not our cases. All the vital rights of
minorites and individuals are so plainly
assured to them by affirmatons and ne.
cations, guarantees and prohibitions in
the Constitution, that controversies can
never arise about them. But no organic
law can ever be framed with provision
specially applicable to every question
which may occur in practical administra.
ton. No foresight can anticipate, nor
any document of reasonable lensth con.
tain, express provisions for all possible
questions. Shall fugitives from labor be
surrendered by national or State authori-
ty? The Constitution does not expressly
say. May Congress prohibit slavery in
the territories? The Constitution does
not expressly say. Must Congress protect
slavery in the territories? The Constitu-
ton does not expressly say. From ques-
tons of this class spring all our constitu-
tional controversies, and we divide upon
them into majorities and minorities. If
the minority will not acquiesce the ma
jority must, or the government must
cease.
The is no other alternative for con-
stituting the government but acquies-
cenc on the one side or the other If a
minority in such case will secede rather
than acquiesce, they make precedent
which in turn will divide and ruin them.
A minority of their own will sccede from
them whenever a majority refuse to he
controlled by such minority. For in
stance, why may not any portion of
new Confederacy year or two hence
arbitrarily secede again precisely as por-
tons of the present Union now claim to
secede from it? All who cherish dis
union sentiments are now being educated
to the exact temper for doing this. Is
there such perfect identity of interests
among the States to compose new Uni
on as to produce harmony only and pre-.
vent renewed secession? Plainly, the
central idea of secession is the essence
OF anarchy.
A majority held in restraint by consti-
tutional checks and limitations, and al
ways changing easily with the deliberate
changes of popular opinions and senti-
ments. is the only true sovereign of a
free people. Whoever rejects it, does, of
necessity. fly to anarchy or despotism.-
Unanimity is impossible. The rule of n
minority as permanent arrangement is
wholly inadmissibe; so is that rejecting
the majority. Anarchy or despotism in
some form is all that is left. do not
forget the position assumed 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 upon the parties to 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 il |
being limited to that particular case, with
the chance that it may be over-ruled and
never become precedent for other cases.
can better be borne than could be the