The Nashville daily union. [volume] (Nashville, Tenn.) 1862-1866, 1865-03-23

/ proper Tor carrying out any OF these
(the enumerated powers) or any ofla
powers vested by this Constitution il
the Government Of the United States
OF in any officer or department there
Of was designed to meet, was sufficient
70 enable the Government to meet a1J
emergency wherein the national exis-
tence OF the liberty of the people wes
imperiled.
The distinguished guest Of the even
ing, and the representatives of the
army and navy OF the United States
were here now present, called into ac-
ton By the President, in pursu-
ance Of the powers vested in the Ma
tiOnal Government The force Of the
Government Is exeTted in the language
of the Act Of 1875, to suppress comb
nations against the Government The
army is here to aid ia enforcing the
laws. Our Judiciary syBtem is the most
perfect aud admirable one to be found
IN any country. Ia constructing il, we
had the great English model, fashioned
by the greatest minds whose intellect
gave it symmetry approaching perfec-
ton. With this great model 10 aid
them, Chief Justice Marshall and his
illusgriOus compeers framed our most
admirably adjusted systenL The Con-
| stituti0n provided that the Judicial
power of the United States should be
vested in one Supreme Court, and such
inferior courts as Congress might, from
time to time, establish. The decisions
Of those courts within the limits of their
Jurisdiction must be respected. Its
the bounden duty Of the other depsrt
ments Of the National Government 70
aid the courts in the impartial and fear
less discharge of the duty incumbent
GA the judiciary in our nicely balanced
system 1t is the duty OF the officers
who l see around me tonight, TO vim
dictate the authority of the courts with
in the defined limits Of their juridic-
ton, and so far. as in their power "to
magnify and make that authority hon
orabie" In the very nature of the
circumstances which surround US there !
is at times an eneroaohment by the |
military authority upon the civil |
There are times, there are circunn-
stances, at which and under which the |
authority Of the courts is in Allowance.
/ can very easily conceive a set of cir /
cunstances under which the military
commander would be justified-nay, it |
would be his duty to declare the exis-
tenee of martial law in the particular
locality. The considerations which
induce this action sre in the breast of
the military commander. He alone
can be the judge OF the military situa.
ton. such exlgencies are rare. When
there is an aggression by the military
authority upon the judicial power, the
courts are at the mercy for the time Of
the military. Whenever this usurTa.
ton shall be sanctioned and incorpO-
rated as feature in our System, then
farewell to the liberties of the citizen
Since that gallant and great leader,
Gen. Thomas, with his brave army,
has driven the enemy from Tennessee.
We have set on foot measures for put
ting the long suspended machinery of
the State Government in motion.
There had to be some irregularities in
this movement The various officers
of the State Yernraent-legislatiye |
executive, judicial and Ministerial
with a few honorable exceptions, left
their posts in 1861, and baseiy betrayed
the trusts confded TO them by the PEG
pie We have had Convention, and
submitted amendments to the State
Constitution to the people That action
looked to the assembling of a legisls.
ture, the laying OF the State into dis
tricts under the last apportionmens Of
representation; the election and inau
guration of q Governor and the ele esion
of ali necessary officers to put in com
plete working order the machinery of
State Government That action looked.
20 the harmonic a. of the
sosion Of the people Of Tennes 5ee with
the course, policy and principles Cf
the two active departments of the Gov
eminent and the great popular verdict
of the people in the Presidential cleo
ton. Tho people in that election had
Endorsed the policy of the Government
in the suppression OF the rebellion
We codld not start in the grand career
of prosperity and development which
il TO succeed our new birth and the
condition Of things unless our
action was harmonious with that of the
and the verdict of the
great body Of the loyal people Of this
mighty republic |,
I had the honor of being a member /
of the convention, and opposed the !
which carried, bat when they i
we're carried | gave them my most j
hearty support SO far as slavery was
l heartily approved it. I I,
might have been willing, as our dis
guest has expressed it, not
to interfere with the institution, but
TO leave the solution Of the vexed prob
lem and its unfortunate incidents TO 1
the people Of the eltates; but when it
reared its hydra head a political power
10 be extended and perpetu>
ated, against the National Government;
when il dictated terms and threatened
the national unity and the national ex-
istence upon q noncompliance, with its
insolent demand, ! was, | am in favor
Of It's destruclion-its utter and com
plete overthrow.
The amendments to the Constitution
have been voted upon, and l will say
for the information Of those Interested
that ! was informed before leaving
Nashville that il had carried by vote
Of not less than $4,000. Il is the duty
as I believe Of all friends Of the Gov
eminent to stand by and carry out this
action OF the Convention and the loyal
people, though We could not secure the
result in our own faTarite method The
courts viii be organized over the State,
grand iuries will he empanneled, and
the citizen may have sn impartial t-isi,
may meet his accuser face to face have '
compulsory process to compel the az
tendance of WITNESSES, the law breaker Z
may be more certainly ferreted out By {
given BY q jury Of the vi /
cinage and crime punished. Moreover 7
material aid will De given the military
athoFities in dealing with the remnant \
Of the rebellioniin the detail Our SEN Z
tors and Representations will claim their /
seats on the floor Of Congress ct the /
next session, and | entertain not a ! {
doubt that they will be admitted and {
represented in the national :
councils In reg I'd TO the opening Of Y
he courts ! mus be permitted % sug ,
,est that nothing win 60 further 70 con
irm the people in their confidence il e
he Government than the resumption h
# their functions and the vindication c
II. their authority ~ the military power.
The people have an ancient reverence c
or the courts hail the return Of Gen y
,ral Washburns and his administration Q
n West Tennessee, after hearing him c
Jniglt 90 the dawn Ct q new era z
eli Of promise I must thank you 4
Gentlemen, for the catering attention 4
Tou have given ms h
III