Daily Nashville patriot. [volume] (Nashville, Tenn.) 1860-1862, 1861-07-16


Thus the wisdom of this section is vindi-
Gated. For how dangerous would it be to
permit such State Trustees to become men,
bers of the General Assembly. If they were
men shrewd, talented, popular, and corrupt,
how easy it would be for such. by legislation,
to shield their friends engaged in banking, or
employed in the State improvements, or in
her charitable institutions-indeed,t to outrage
the public confidence and defraud the State
We will now examine other portions of the
Constitution, which will illuminate and
strengthen our position. The 18th section Of
Article IL, is as follaws:
20. No judge of any court of law or equity
secretary of state, attorney-general, register,
clerk of any court of record, or person hold
ing any Office under the authority of the
United States, shall have seat in the Gen.
eral Assembly; nor shall any person In this
State hold more than one lucrative Office at
the same time Prouided, that no appointment
in the militia, or to the office of justice of the
peace. shall be considered lucrative office,
| or operate as disqualification to a seat in
either House of the General Assembly.
Is this Section not as much a part of the
State Constitution as the former quoted by
the Banner, and is not its observance just as
| obligatory upon the consciences of the Gov
ernor and the members of the General As
semblyf Well, then, does not this Section,
after designating certain officers who shall
not be eligible to seat in the General As
sembly, positively declare ''that no appoint
naert IN The Balaia shall disqualify the appontee
or officer, from a seat in the General Assem-
bly;" or which is the same thing, that any
member of the General Assembly may be ap-
pointed in the militia service? Why? Be-
cause as this Section says, "that neither such
appointment or that of the Justice of the
Peace, shall be considered lucrative office,
or operate as disqualification" This is SO
explicit that further comment is unnecessary.
The only question remaining is, were these
five appointments made sin the miiiia?" Who
is SO insensate as to say they were made in
the regular army of the Federal or Confede-
rate States! This would be impossible. Because
such appointments could only be made under
the authority OF these two General Govern
ments, and in accordance with their army
regulations. Then these five appointments
were made in the militia. The Constitution, in
this clause, does not say that the militia
must be called out in the serUice of the State,
but uses the word militia in general sense,
without designating the service. But our
militia at the time of these appointments,
were called out in the service of the State by
the Governor, in accordance with a law of
the General Assembly authorizing the same;
and with the exception of that portion which
has been mustered into the service and taken
the oath of allegiance to the Confederate
Governmental the remaining portion of
our militia is still in the service of the State,
Notwithstanding its admission since as a
State into the Confederate Union, and the
Military League, which the State heretofore
concluded with the accredited Minister of the
Southern Confederacy. Neither our admis-
sion as State or this Military League de-
stroy the State character of our militia so long
as they are not mustered into the service of
the Confederate Government, and do not
take the ordinary oath of allegiance to the
same. The Military League obligated the
Confederate Government instead of the State
of Tennessee to pay all expenses for arming,
equpping, organizing and preparing for ac-
tive, immediate or future service our mill
tia; but even this League does not release
the State from its first and paramount obli-
cation to defray these expenses upon the de-
linquency Of the Confederate Government.
Not at all
Again, there is another clause of the Con-
stitution that has some relevancy to this sub
ject: Section of Article viii, declares,
speaking of the militia, "that the Governor
shall appoint the Adjutant General and bis
staff officers" Does it declare he shall not
appoint these of the members of the General
Assembly! No, not at all; but leaves it entire
ly TO his discretion. The Governor did ap-
point two out Of the five alleged illegal ap-
NEUTRALITY-SUSPICIOUS. Adjutant Generals, to
wit: W. C. Whitthern ard J. d. Porter, Jr.
We will now examine the inpolicy of deny
ing to the members of the General Assembly
such appointments in the service of the mi
litis of the State-especially in perilous times
like the present. Who are those ordinarily
elected to the General Assembly,. They are
men who have earned public favor and COM
manded public confidence from their integri-
~, experience, elevated public services and
character. Shall the Governor of this State
be censured for confding, in part, the desti-
ny of our Commonwealth to those in var,
whom the people in peace have confided their
most important and sacred rights? Shall
eminent merit be ostracised from the service
of the State In the hour of her direst need,
or banished from Offices of high public trust
and responsibility? Have any of these five
gentlemen, four of whose elections to the
since disqualified themselves by incapacity ,or
been dishonored by infamy? The acquisition
of extraordinary abilities is not worth the
trouble, if we can not enjoy the pleasure and
honor of employing such in the service OF
our country. The argument of the Banner !,
proscribes public worth and annihilates the
strongest incentives to public virtue
In relation to such appointments, the IL |
lustrious Madison has said: ..Such offices Civ |
en- to the members OF the General Assembly |
may become vacant by ordinary casualties; |
and to suppose that these would be sufficient |
TO purchase the guardians of the people, Sc
lected by the people themselves, is to re-
nounce every rule by which events ought to |
be calculated, and substitute an indiscrimi- |
nate and unbounded jealousy, with which all |
reasoning must be vain. The sincere friends |
of liberty, who give themselves up to the |
extravagancies of such passion, are not |
aware of the injury they do their own cause.
Were the pictures which have been drawn |
by the political jealousy of some among us,
faithful likenesses of human character. the |
inference would be that there is not sufficient
virtue among men for self government; and
that nothing less than the chains of des-