The Nashville daily union. [volume] (Nashville, Tenn.) 1862-1866, 1866-02-06
TUESDAY, FEBRUARY 9, 1866.



PRESIDENT Johnson has performed q
very acceptable service to the country,
OF submitting to the Senate the cor
respondenee between himself-snd Chief
Justice Chase relstiEe to the holding Of
the Circuit Court Of the United States
Tor the district of Virginia The learn
ed Chief Justice stands upon his dig
nifty. A very unusual thing for him.
He would not have time, if he desired,
70 transact any business at the regular
fall term Of the Court but, he con
tinues
We're this otherwise. ] very much doubt
the proprietv Of holding Circuit Courts oc
the United States IA States which ave been
declared by the Executive and Legislative
departments Of the national Government 70
b IN REBELLION. and therefore subject 10
martial law, before The complete restoration
OF their broken relations with the nation,
and the sUperseiure Of military By civil
administration, that ! am unwilling 70 hold
such Courts IN such States within nv cir
cult. which includes Virginia, until Con
rress shall have had az opportunity 10 con-
sidor ana act on The whole subject. A civil
court in 8 district under martial law can
only hct by sanction ana under supervision
OF military power, aud eannot think 70 be-
comes justices of The Supreme Court TO ex-
ercise jurisdiction under s1ca conditions.
John CstnOn, q man in every respect
the peer Of Chief Justice Chase, did not
think it improper or ~unbecoming to ex-
e,cise jurisdiction in Tennessee under
similar conditions. But he had no po-
htiesl axe to grind" His highest am
bition was TO do his duty as q Judge.
The Chief Justice would dof the er-
mine and don the robe Presidential
He shapes his course accordingly. He
bids for the ultra radical support. Let
him have it. No one will envy him.
It will not bring forth the fruit he
covets.
But, if Chief Justice Chase could not
do duty in Virginia, he can in Wash
ington, and he ought to do it honestly.
About the middle of December last he
heard the arguments in the case Of A.
D. Garland, involving the constitution
ality Of the attorneys oath. He has
certainly had time enough 10 make up
All opinion, the delivery of which IS
anxiously awaited by the country. The
President and his Cabinet wish to have
it, because they have found it necessa-
~ 10 the public service TO appoint men
10 Office who could not subscribe to a
similar oath The people of Tennessee
wish TO have it. because Judge Trigg
has pronounced the oath unconstitu-
tional, and they desire 10 know whether
he is sustained by the higher tribunal
The legal profession in all parts Of the
countryside whole people, indeed
are interested. But week after week
passes, and the Chief Justice is dumb.
Why does he not speak?
Il has been intimated that he will
decide that the oath IS uneonsiitution-
al, aud that lhis fact has been made
known TO Nh. Stevens, who, to preclude
the necessity Of its delivery, offered his
resolution repeating the oath. This
repeal would leave the Congressional
oath aud the oath for Postmssters and
other Government officers untouched.
The Republicans bitterly denounced
the late Chief Justice fancy for inform
ing, Is they charged, Mr.. Buchanan in
advance Of the bred Scott decision that
the policy of the Democratic party
might be shaped in accordance with 1t
Is there any excuse for Judge Chase
doing the same thing, in this case, to
further the intrigues of the Sumner
stevens radicals? What was repre-
hensible in the one instance cannot be
one in the other. The Supreme
Court ofthe United States ought not Il
be made a party machine. Its purity
ought ever 10 be above suspicion. LIE
the Chief Justice look 10 it that he keel
II so.