Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1867-07-14
arnrnAL neNesrREErs ~.


General LoNGsTREET declares it to be
8 proposition too plain toneed argument,
that 1.-THE highest law is that which
history and conquest establish; that
Force has, by the result Of the late war,
determined between the Constitutional
Principles Of the North, and those Of the
South, established those Of the former as
law. and made those of the latter ObsO-
Iete and that it is now the duty Of the
South to abandon these, and accept in
their stead those Of the eonquerors.
We have proven that conquest does
not establish the highest law but only
the right 10 do what despotie power may
rightfully do; and that il the North
fought TO establish principles that were
false, conquest creates no obligation
whatever on the conquered, because the
war was unjust. General LONGsTREET
is sadly out in his law.
But if his first proposition were in any
sense true, it is not ia the least apphca-
BILE to the Ease in hand. The question is
not Of a tar imposed by the will Of the
Conuueror. IL is not a question whether
this or the other form Of Government
should be created, this or the othe
clause or feature adopted as part Of the
Constitution. If the Northern States
had insisted on inserting a particular
declaration in that instrument, and the
South had opposed it, and q resort to
arms had been the result, the provision
insisted on by the Conqueror would Of
course have becomea part Of the supreme
Law. II would have won the Tigat to
make it so. The WILL can ENACT, but
It cannot adjUdge or decide. In our
case, as General L. states, the North and
South disagreed as to the true nature,
meaning and construction Of the CoDsti-
tuition. The main questions were, in-
deed, by whom was II made, or who
were the parties to it?-and what is it,
a compact 6ctUgeeR the States, or a law
imposed by 3 Superior on the States .
These were questions to be- GdjUdged
But it is not in the least true that " APP
peal was finally made to the sword, TO
determine l0hich Of Nc claims 1gGs The
TRUE CONSTRUCTION Of constitutional
IaU."
We are amazed that General LONG
STREET should utter so bold q faIlaey.
1t does not need to be q logician or law
yer 10 see thai il is utterly false, and to
10 il. The Christian werld long dis
puted whether the Holy Ghost was OF
the same nature with the Father, or only
of a similar nature. In the Greek, the
difference was only Of a single letter. Al
length they fought about il, with inn
meuse sacrifice Of life. Did the appeal
70 arms settle that the successful party's
opinion was tJueg It would be simply
absurd to say 50. General LoNGsTREET
contour ds two things hat are very DIFF
ferent. Conquest or victory cannot settle
whether a doctrine or construction is true
or false. II the question had been
whether the constitution should be
amended. SO as to became a law instead
Of a compact, that it should be declared
in It that it is not a compact between the
Gtates,-fhaf the viii Of the eonqueror
could pow lawfully do; but be could not
now make It not 20 haze been heretofore
a compact. No human power, nor any
Diyine power either, can make it 10 have
been what it was q The Human VIII
osu only legislste fer the future.
The ConquerOr has not chosen to
change the letter OF the Constitution in
that respect. It remains just what il
was before. If a Court were now called
on 20 decide whether it is or is not aeon
nsct between the States, it would have
nraelsely the same materials for judg-
1,sDt A. Il bad before the war, and no
otbers. Il would stiil have to inquire
nat II was st first; for what it wasthen
a. now. Force and the viii Of the Con-
ouaror could not be resorted to for rules
- Interpretation. Therefore it is that
=. have heretofore said, on this subject,
chs. REASON is always occupied in re-
versipg the judgmentsof Force. FORCE
-, no more settle what is law or sound
o-0Dstruetion, than whatis right or just or
So1srous. It has no judicial power, and
ssTcises no Judicial functions. 1t LBa-
- il does not adiudicate. And
i nc question Of lac. II has not
"Dac,sS spythingi unIsssit b, thathsnoe-