The Nashville daily union. [volume] (Nashville, Tenn.) 1862-1866, 1863-10-04

4 two since, published long communica-
ton taken from the Memphis Argus of
September L. The communication de- |
MES that the President had any right to |
appoint Governor johnson; asserts that |
the appointment is not binding on the |
people of Tennessee, and sis of no more
force and validity than the Confederate
Constitution" and asserts that jeff Davis
is as legal an officer as Gov johnson.
The Memphis Argus endorses the COM
rnunication as coming from a Tonnessean
"of high official position, and one o. the
leading men of the State ;" while the
Press thinks "the argument Of the arti
Gle is ingenious and .forcibly put" and as
the subject of recognizing civil govern
ment in this State is deeply interesting,
not to Tennesseans only, but to all loyal
men everywhere, we will notice as briefly
as possible this argument, which is pro.
nounced TO be 80 ingenious and forci-
bly, put"
Let us premise that the reason why
the restoration Of civil authority is de-
sired ia Tennessee, is the one which lies
at the basis of popular government
that the people hare a right to govern them
selves, and not be subjected 10 a despot, an
aristocrdcy, or an ohgarchy The reader
will please bear this principle in mind;
ID g we shall have need of it in the course of
this article.
The Argus correspondent asks "Under
what provision of the Federal Constitu-
ton is Andy johnson appointed Gov
ernor"
We answer. under the 9TH section of
the 9th article of the Federal Constitu-
tion, which says:
ai "The United States shall guarantee to
a each State q republican form of Govern
80 ment"
The officials TO whom the people Of
Tennessee had confided their local Gov
eminent in 1851, turned traitors TO their
saI. country revolutionized the civil, militia
ry, and social condition of the State,
plundered her treasury and her banks de-
stroyed her credit, stole the most sacred
e.i trust funds confided TO them by the people,
and finally fed South, leaving Tennessee
.. without any local Government, bankrupt
sl desolate and in utter anarchy. In this con-
dition of affairs, the President of the
United States, as he was bound to do by
the Constitution which he had sworn Is
support appointed an agent to restore At
oo.f,x h. - ,oo.a;k1o A. a. oil row
eminent of the State, and relieve the
people from the curse of anarchy and
no sooner had Governor johnson arrived
in Nashville than he issued procama-
ton, appealing to the people to return to
their allegiance and take the proper steps
necessary to reorganize the State govern
ment. Unhappily, the people continued
trI to manifest = warmer attachment TO the
sii rebellion than to the Federal Govern
ment, aud the work of reorganization was
delayed; but for this most culpable de-
lay, certainly neither the President MOI
Governor johnson is responsible, in any
degree
.f,' But the Argus correspondent again
asks:
"By what provision Of the Constitution
aa of Tennessee does he Gov. Johnson) issue
proclamation to hold elections for Gov
ernor, etc?
II might as relevantly be asked under
what provision Of tie Constitution of Ten,
nessee has the President sent the Army
Of Aha Cun,harlapd ,non h., oil -. i
girdled Nashville, Murfreesboro, and
other towns aud cities with formidable
Qualifications? 0ne question is just as
pertinent as the other Does the Ar
gus writer mean to plant himself upon the
dogma of estate Rights and contend
that the President of the United States
has no right to do in Tennessee, either
directly or by his agents. anything moi
expressly authorized or implied in the
Constitution of Tennessee? If he does
not mean this, we insist that his question
As to Governor Johnson's power to pro.
claim an election is without meaning.
We hold thatif the Constitution of The
United States enjoins the President {,
discharge duty, that injunction is ob.
ligatory whether the Constitution O
Tennessee authorize il or not; il is OBJ
ligAtory even though her Constitution for
bade IT, "The Constitution of the Uni.
ted States and the laws made in pursu.
anoe thereof shall be the supreme law OF
the land, anything in the Constitution Of
laws of any State to the contrary not
withstanding" So reads the Federal
Constitution; so we believe. Though
every man in Tennessee unite to destroy
the Government, or create an aristocracy
il ia the duty Of the Federal Government
to resist such treason, even to extermina-
ton.
The Argus writer contends that the
Constitution of Tennessee is as "much in
force this day as At any time past."--
We think not; it is in existence, but how
can a constitution or a law be IN fre,
when there are no officers to execute il :