The Nashville daily union. [volume] (Nashville, Tenn.) 1862-1866, 1866-01-21
rhe President and the congress,

The struggle between the President
and Congress has taken the definite
form of a question of jurisdiction. The
chambers appear determined TO push
the matter in that shape by a very
high assertion Of their pretentiOns.
The resolutions of the House Of Repre-
sentatves touching the withdrawal Of
o from the States Of the South
was. in effect. an assertion OF the au-
thority Of Congress 10 control the Exc
cutiye in the discharge Of his office as
Commander-inCh Chic OF the army. And
| the Senate is, it appears, not
modest in its assertion of power over
| the head of the military department of
| the Government The fifth section of
the bill introduced into the Senate for
enlarging the powers OF the Freed
mems Bureau, undertakes, virtually, to
override the authority OF the President
as Commander-in- Chief. Gen Sker-
man directed by q military decree, of
last January, that oertsiu lands in
Georgia and South Carolina be
sauatied on by freedmen. The Presi-
dent in the exercise Of a higher
authority as a military chief of the
country, ordered subsequently, that all
such lands be surrendered to the right
full owners unless where titles had
been conveyed under all the forms
making such titles good in law. Gen.
Howard. in his lste report 70 Congress
on the subject of the Freedman's Bu-
reau. represented hat act of the Presi-
dent as injurious to that Bureau and
we now observe the Senate solemuly at
work, in annulment OF the order Of the
COMMANDMENT Chief, with the view of
making that act Of Gen. Sherman q
conveyance Of valued titles to the ne
gro sauattersl The fifth section Of the
bill to which we have referred above,
undertakes to legislate a follows:
That the possessory titles granted, in
pursuance OF Major General sherman s
special Geld order, dated at Savannah,
January IS, 1866, are hereby confirmed
and made valid.
And, in assuming the attitude taken
in that case, the Senate having, like
the President, no right TO escheat any
lands save only rs a right Of war, pre-
sumes thus, to do 80 in the teeth of the
military chief of the Government aud
Congress does not rest satisfied with an
attempt TO usurp the powers of the
Commsnder-in-Chie Of the army. 10
the section of the Bill to which the re.
marks apply, the Senate assumes power
over both of the other departments oil
the Government, the Executive and
the Judiciall Whatever titles TO South.
ern lands may have really teen made
in bar OF the rights of tLeioriginl own,
ers. there can be no doubt that, 10 Law
the power TO protect such titles ceased
with the fact of beiiigerency. ThS
quasi state Of war held, under some
uuaccountsble theory, 10 still exist in
the South may pc. sibly stand good in
reference TO Constitutional law; but no
one will bold that it gives the powers
conferred In international usage actua.
ted by eliiserency. And on that
ground, then, the Senate, while iuvad,
ing, in the foregoing bill, the rights OF
the Executive, presumes, also, 20 pro
nouuce Judgment on certain conditions
OF title II clear violation OF the special
functions Of IKE judiciary But the
old adage says that whom the gods
wish 70 destroy they first make mad,
and We, therefore, hope that this rabid
attack Of Congress on the prerogstives
Of the other branches Of the Govern.
ment IS but 2 f5rerunner OF its defeat
in the struggle Of jurisdiction which
il hiss entered on with the Commander
n-Chief Of Fae army Of the United
States