Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1867-03-10
rnroRrys OF GorERNMENT.

ElAALEAA haa@N1H oGA15
which the nature of the Union and Of the
Government Of the United States, and
the right Of a State to secede from the
Union, were discussed at large. We essay.
a judicial opinion; because it was pro-
nounced in q suit instituted in what was
regarded, until the surrender Of the Con
federacv, as the Supreme Court of 6
State: and if the Confederate States hac
achieved their independence, 1t would
have stood as a solemn decision OF thai
Court. It wasgiven under a full sense o
all the obligations which judicial station
imposes upon the Magistrate; anc
though il must now be admitted that tht
Tribunal which rendered it was not 8
Supreme Court, it still shows what wa'
the judicial opinion on the questions pre-
scented, Of three persons acting as Judges
two of whom were Judges Of the
Supreme Court of the State before d al
the beginning Of the war.
We publish it as a demonstration Of
the truth Of the Southern theory Of the
government. Nothing ought to be Of
more profound interest to Southern mel
than the question whether we have
really been guilty Of the highest crime
known to the law or whether theil
States only exercised a right that could
not with reason be denied them. If the
mans cOHSciu recH is ours, if we are con-
WINGED that we have not been guilty Of a
crime, we can bear adversely with resig-
nation. The sense Of guilt is more crush
ing than any weight Of calamity; and OF
that sense Of guilt we have the natural
right, which power can not deny US, "a
relieve ourselves and u coadjutors in
tie attempt Of the South to win indie,
pe~ndence.
Ghe victor has no right to object to this,
He mas no reason to do it.. Right OF
wrong, the cause we fought for is lost
aud we have the same right to discuss
these questions, as we should have to 90
It before a jury, upon a trial for treason.
The late war was not fought, on our
side, for the benefit Of the slave-owners,
and iu the maintenance Of the right 70
hold slaves ia the common Territories.
Nothing is less true than this. The war
was waged to settle the questions, cOeval
with the government itself, whether the
States are sovereignties; whether the
Union was g union OF States or the ag-
gregation into unity of all the people OF
all; whether the growth and expansion
which is a necessity Of young countries,
should be permitted to the North and de-
MED to us; whether we were to live
under the government which our fathers
supposed they were making, or under a
different kind Of government, which
they supposed they were not making,
and meant not to make; whether our
rights and property were protected by
the invulnerable aegis of the sovereignty
OF our own States, or held only by suffer
ance Of Northern majorities; whether
new States were to be added to the
North and denied to the South, until they
should gain enough to make q new Con-
stitution, under the pretence Of amend
ing the old one; whether our States had
the right, if Northern States persistently
refused to perform the duties and comply
with the obligations imposed onthem by
tie Constitution, to withdraw from assO-
citation with them; or whether wronged
States must remain in the Union and
tamely submit, though the others should,
for all practical purposes, have aDnulled
the very provisions OF the Constitution
without which our fathers and ourStates
would never have agreed to that instru-
meut. ~Thequestion was, indeed, whether
We should help carry on a government
which must prove a failure, or might re-
turn to that system which, our fathers
thought, alone could secure the perpetuity
and permanently Of free government.
The people Of the Northern States
ought to be glad to know that those
whom they have overcome did not fight
for any base object Of profit or ambition.
or out Of hatred to them, or 10 do them
any injury, but to vindicate what they
believed 10 be their rights, to maintain
the Compact between the States, and q
right claimed to exist because there was
such a Compact,-in short, that they
fought for a theory and a creed. Surely
they would rather there should have
been a noble motive than a base or low
one. We are all Of one blood, kindred
OF each other. Why should they wish
10 believe US criminals ? We shall not
convince them, by any arguments, that
we were right. They need not fear that; |
and they ought not to be unwilling to be
convinced that we Jeliered we were
right, and had some reason to believe
50: nor ought they TO be unwilling TO let |
us convince ourselves. II the matter L
settled forever, as they say, it can do no
harm to argue it. Tit is not so settled,
and men can be convinced we were in
the right, we have the right to convince
them by argument.
The wal was merely a struggle between
two opposing theories Of the government,
caused, however, by subordinate ques-
lions that grew out Of these theories. It
was a war Of ideas. What if the Repub-
licans had the right to change the gov
eminent Of France? The Royalists Of
Ia Vendee were not traitors because they
fought for Royalty against the Republic.
As little were we, in fighting for Stale
sovereignty and our political creed.
II required a war to inform our people
that there are no abstract questions
in matters ofgovernment, and that blaz-
ing r~afters, desOlated fields, bloody linteIs,
ravished women, pillage, and all the
crimes Of the decalogue, vacant seats at
every table and skeletonsin every house,
and the ruin and death ofStates, are the
legitimate fruits Of abstract errors in
doctrine az to Governments and Consti-
tutions, and Of abandonment Of the true
theory Of the Government in practice.
The radical misfortune is that, as has
been well said, governments are not
made. formed, constructed, mechanically
mt together. They grOtC. Spontaneous
.,rovyth is the law Of all organic life.I II
- eoualIy true, that that government is
best which W0Tks best not that which
IL theoretically nearest perfection.' A
,.uer thing still is, that that government
is nest. to which the people are used and
rhieh satisfies them. Gods government
~ the world is remarkably imperfect,
Judged 10y the rules by which we judge
buHam governments. Charge is the
universal law in the Deity alone is per-
anepc We are passing through a
- ~ transition. No nation ever +,
still; it advances or ~retrogrades.
.rhs great designs Of Providence are I
ing slowly evolved in U country, and 1
= what they lead We cannot know. {
revolution and war subject institutions
= a serris!e trial. The strain upon the c
ti,obsrs and cOrdage Of the vessel 2