The Nashville daily union. [volume] (Nashville, Tenn.) 1862-1866, 1863-10-20
are ,he stste Government and PEG

pie of Eeu ncbseb Houmu 70 NoSPeO'
tRBkayYlpf tho Rebel Legislature
s6Ask6f!
sFhiwisa-strangs question to be asked
inalJasAyille At this day. Among loyal
men no argument upon IL is needed; al
such instlnctively and emphaticslly an
swrH, sNoa Yet this question, which
could be asked only by those whose
hearts have been, and perhaps are now
with the enemies Of the United States.
is actually argued, and answered in the
aairma,ive If logic mesns anything un-
der heaven, in the Dispatch of Sunday
morning. II will be remembered that few
days ago tho Dispatch, in an editorial
on Govern JOhnsOn's revenue order,
quoted law passed by the rebel
Legislature Of July, 1861, TO prove that
theorder was illegal. We exposed the
INDUSTRIOUS absurdity Of this position,
and quoted from the very act cited by
the Dispatch, to show that if Governor
johnson respected rebel legislation he
would have to take Confederate alo',ey as
we'll Is Tennessee money for revenue
Andhow does the financial genius Of the
Dispsteh endeayor to get out of this di-
ISmma2 Why, he quotes an act passed
by the Legislature on the 10th of March,
1900, a gear and amontb before The Legis-.
latps reJsllcd, and says;
iThis is . palpable alteration Of the
sectfon Of the Code referred to by the
Comptroller, and yet we presume it will
not be denied that il 10 law, and OF as
full and binding force as any section Of
the Code. Ind tie Legislature iOlict en-
aaetthis Lr,o, also enacted another on the first
ofaJalv, 1861, which provides "that ali
officers of the State are authorized TO ac-
eeDVsaid Treasury notes (of the C0nfed-
esate States) in payment of moneys due
ths Stste and the several counties thereof;
and that they are authorized TO receive
inlpavment Of moneys due the State and
the eeyeraPcountie thereof, the circula-
tiovl Of she banks of this State which
conform 10 the Bank Code Of Tennessee
and the acts SmendatOry thereof" 3q
The Dispatch's reasoning is, that be-
cause Legislature protesting allegiance
toithe United States passed law which
is binding, therefore a dto passed By ht
same body, after IL had formally voted itselj
put of he Union, and renowned It's aRegi-
aaos the United States, is also binding, anti
Ut aside 6y The Courts, or repealed
It continues:
Ia Whatsoever is constitutional will stand
Farther, we presume no lawyer who has
anyregard for his legal reputation will
assert that any officer Of the State not a
JisdgeGcting IN has capacity as such, and ID
thsi prescribed manner, has a right to pas,
Apon the c01istitationolity and binding fore,
efaaHy luig enacted By a legally elected GnC
constitutional Legislature. This function Is
reserved alone TO the courts. e1nio
We presume no sane man would offer
to pay his taxes in "Oonfederate money
Notwithstanding il 10 $40 nominated
In the law. But here IS lao enacted by
Legislature elected and qualified according b
.tis ,ageqi6semsnts of both the constitution 0
RIoaliassse and the United States, and l0b
slIaH sag that 10 Is UNCONSTITUTIONAL WI
certainly % isG question for the courts Of N
State % determine R7hether II 10 unc@lstitu
tional in 'OholS or only in part. ofla4
In other words, the Tax Collector
have no right to refuse Confederate none
for taxes, because "a legally elected
Legislatureh has declared that Confederat
money shall be so received, and Governo
johnson has no right, nor has the Stat
Comptroller a right TO say that Con
federate money shall not DO so taken
The Dispatch asserts Certainly, Il
a question for Die courts Of ue State
EAapins." But the Dispatch says "W
presume that no sane man would offe
TO pay his taxes in Confederate money
notwithstanding it is 30 nominated /
the law" Why not? What bushes
has the Dispatch TO talk thas of Con
federate money when IL says that tn
courts Of the States must determine Ii
consttutiOnAlity of the law? VIVA
right has il to unceFemoniOusly kic
aside law which Il calls upon GOvernc
johnson to respect, until it be set asid
by the courts of the State?
The Dispatch says:
The Legislature which was elected
August, 1859, and assembled the follow
ing October, were chosen according to u
constitution which was adopted in 1873
The members Of that Legislature toe
precisely the same oath that those d
who enacted the Code of Tennessee, no
il our recollection serves MS rightly, d
they take any other oath during the O.
istence Of that Legislature.
On page I6, of the Public Acts of Il
Estate of Tennessee, passed at the Ext
session of the General Assembly Of 1856
we find a copy of the "Deolaration
Independents and ordinance dissOIoiag h
Federal relations Jet,Oeca he State Of le
nsssee and the United States of America
which WAS submitted 10 the voters
this State on the 9Th of June, TO be rat
lied. The second clause Of this Deolar
!, Don reads thus;
Wal" We furthermore declare and ordaia n
Z. article 10, Section and 2 Of the Co
aE'aion Of he STATE Of Tennessee, VIII,
% REeUrREs MEADERs or THE GEsERAL A
sEMBLS, AND ALL oFEIoERs ClyIL Al
aa MmITARY, TO rABE THE OATH TO ST.