Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1867-02-16
JOHN $. G. HOGAN q GO

A8N 80
community.
THE RIGHT OF PRIVATE JUDGMENT
Allegiance in England is due to IN
King or Queen. In this country II ]
dna to the Constitution. Such Is GU
oath Of allegiance. Every man whoha
taken IL during the war or nee rs close
has sworn to support the Constitution o
the limited States. Perhaps the WORD
aDrotect and defend are also
No one is sworn to support Coh
eress or the Government anu !
sworn to support also any law
ar nroclamations, it i5 upon INT
necessarily implied condition that thes'
accord with the Constitution For ina
IL beyond controversy the supreme Ia"
Neither are we sworn to support tina
instrument as anybody else understand
II or as il is construed by Congress
There might ever be IN extreme case IL
which We should be bound by our call
70 disregard the construction put upon Il
by the Supreme Court. FoE, seeing tha'
there are men pow in power as base as
the basest of former days, n sworn
officers Of the law who have gravely ana
i~mnudeptly maintained the Legality OF
military commissions, not authorized oy
any law, and which could not DC
authorized by any law, to try citizens
for Offenses against the general criminal
r.
code,-and seeing the Chief Justice tor-
getfuI Of the prOprieties Of his statlon'
aud Judges maintaining the validity OF
test osths, we may well remember That
JAMES THE SECOND was able by re-
moving judges and appointing others, 70
obtain a decision, inacsse adeupfOr the
purpose that he bad a right to dispense
with q disqualifying act Of Parliament,
and appoint q Catholic TO Office, whenby
positive s.atuteh he wasincomPetenttohol0
it; and We may know t1at it is possible
that any invasion of private right any
violation Of the Constitution might be
decided 10 be lawful, by the present su-
preme Court.
1t is undoubted that in such a case, as
in the a 8 OF the Seven Bishops the Eng
lish lawyers did, denying to the jury the
existence of the dispensing power, an
advocate, defending a person accused
and where the case required if, might
insist that the jury were the judges Of
the law as well as the fact, deny that
they were bound to take the law from
the Court, and argue to the jury against
the opinion Of the Supreme Court itself.
That is one extreme case; but, in gen
eral, we are to obey the Constitution as
the Supreme Court eKpOunds it. Yet even
then we have the right to retain u
opinion, and ia argument anywhere
TO maintain it, and to endeavOr, in a
proper case, to change the opinion Of the
Court.
Least Of all is any one bound 70 regard
FORCE as an interpreter OF the Constitu-
ton. II we believe that that instrument
was and Il a compact or contract between
the States, to which there are no other
parties than the States As sovereignties,
and that leads Us necessarily and lOgi-
cally to other conclusions, as TO the
validity Of acts done, or the nullity Of
statutes, and that the people OF the
Southern States cannot rightfully be
branded s. traitors or rebels, no earthly
power his the right to demand that we
shall not express and by argument main
tain those opinions, or to denounce Us as
disloyal for refusing to refrain from
uttering them. 1t is not only our
right, but our dutyto maintain the
Constitution, according to the sense
and meaning, and with the effects
and consequences which we sin
eereIy believe legitimate. Our subiugs-
ton has not strengthened Mr.. WEB
sTER's arguments, or weakened Mr..
CALHOUN's. The materials for judicial
judgment, and the rules OF construction,
and especially the undeniabie facts Of
history are the same now that they
were before the war.
II the downward course Of the repub-
lie is arrested, and it is rescued from the
anarchy and ruin that now seem newt
able, Il wU return to the doctrine of
State-rights. 1t is quite probable that,
as the Northwest grows stronger, and
new corn and cotton States more nume-
rous, New England viii be driven, for
self-protection, to adopt the doctrines Of
CALHOUN, which she should long since
have foreseen it would sOme day become
necessary for her to accept. Rhode Is
land and Delaware will not always be
allowed to have two Senators each in
Congress, nor will New England always
be allowed twelve, unless the rights and
sovereignty OF the States are re~-estab-
lIshed in their original integrity. In
that doctrine are the emily security and
guarantee against the anarchy and ruin
Gus ~vaeillation, and rash experiments,
and VflAinous violations Of public faithi
OF misgovernment by the populaee,
whose csprieious and ever-changing will
snS notions are uttered in a tickle and
irrational legislation, and obeyed in Ex-
eeutive action, and expressed in judicial
decisions.
To attempt 10 restrict freedom Of
oninion and the utterance Of thoughts,
"a 20 attempt what has always proven
mavaiiing. The bondage of the South
will be eternal, il it does not end until
II. men Of intellect abandon their opin-
ions al the mandate Of power; and If
This is endeayored to be achieved by new
PROSECUTIONS, the South will be the weak
ness Of the United States, as Scotland
leay was, and Ireland is yet, the weak
ness Of England.
-Sperat q ~ Slrea rioaus gladiator wsHg."
The gladiator, conquered IN The cruel lists, sun
hope.
Those who have overcome us, have
chosen TO slge0r US to support the Con-
stitution, the meaning and lawful effect
of which oath is, that we will support
IL. by endeavoring to have it enforced at
ali points according to what we do sim
cerely believe 70 be its true construction
and meaning aud we are thus sworn
not TO support n unconstitutional
legislation, OF usurpstions Of power by
Congress or the Executive and we not
only have the right, but 1t is our sworn
duty 10 support it, by maintaining its
true construction by argument, and
frankly and boldly, but temperately and
logically discussing the merits Of al
laws and action which we do verify be
lisve c~ontravene it. Therei is no freedom
in that country where men are con
strained to conceal their honest opinions
or 10 refrain from openly expressing
them. There is no manhood where
safety and humanity must be purchased
Inv resorting to servile expedients. De-
Seat ia no wise excuses men from the
antv Of asserting and indicating by
Soseeh and pen that which they believe
- the truth aud vitality important to
welfare Of the country. That Is, to
- fbeI language of Lord CLARENDoN, a
.-,.t tbat should a religious o6seryA-
-. "a Tor the violation whereof no
sxcass Gao be admitted,