Daily union and American. [volume] (Nashville, Tenn.) 1865-1866, 1866-05-16
THE LEGISLATURE AND THE JUDI.
CIARY.

CIARY.
The action of most legislative bodies
even where they have shown the least re-
gard for the rights and interests of their
constituents-has generally been controlled |
by what were supposed 90 be constitutional
limits. The present anomalous body, claim
ing to legislate for the people Of Tennessee, |
being an exception 10 all general rules
having come together in manner and un-
der circumstances that no other Legislature
ever assembled-have acted as though they
were unconscious many no doubt are
that there is such thing as an organic law
above them, beyond their reach, and to
which they are subordinate and by which
their proceedings must be tried and tested
before it can have the effect Of law. They
have proceeded as though they thought all
power pertaining to the State was in their
hands, and all the sacred rights and liber
ties Of the people subject to their passions,
preiudices and whims. Sad, indeed, would
be the condition of the country-far
worse than an absolute despotism in
the hands of an intelligent power--if such
was the case. But, according to the theory
Of government in this country-and no
party has yet Professod to oppose 1.-THE peo-
pie govern themselves and their Legislators
are their servants, elected to record their
will.
Furthermore, the elementary principles Of
society-cOncerning the great fundamental
rights Of citizens-were determined in the
organization Of the State government, and
are preserved in a written constitution. We
have Supreme Judiciary whose business it
is to review the action Of legislative bodies
and draw the line across all that which is in
excess Of their power and in conflict with
this instrument.
These are facts, which being understood
by the people, they will soon scorn their
would-be dictators and teach them the folly
as well as the criminality of their action.
Under the direction of the Legislature
the officers in charge of the Bank of Ten
nessee are very properly proceeding to an
adjustment of its affairs. In doing 50, how
ever they will find themselves very much
impeded by the unwarrantable legislation
that has been adopted in the excess of pas
sion, and by which it is sought to defraud
the people of the value Of its issue and to
enforce collections where nothing is due, and
where they have not an equitable, much less
legal demand
For instance these gentlemen in charge of
the Bank are directed to proceed against its
former officers and demand of them a resti-
tuition of all salaries received after the 4th
Of May, 1861, upon the ground that from
and after that time they ceased to be officers
CT that institution. At the same time they
are directed to regard as valid all transac-
! tons of these officers in the business of dis
counting and taking bills and notes subse-
| quent 10 that time.
Again, whilst they are directed to treat as
spurious all notes put in circulation after the
LIST of May, 1861, they are required to col
of the Bank, subsequent to that time as well
as before, notwithstanding the most of these
very bills and notes were discounted in the
very issue they seek to repudiate.
Again, while repudiating this new is
sue, as it is termed, and seeking to collect
bills and notes in favor of the Bank, they
seem not to have known that there were
thousands Of that currency payGd out to
depositors, who, if it is spurious, will be
Justly entitled TO demand and recover a
more valid issue
Again, though the charter of the Bank Of
Tennessee, expressly stipulates with the peo-
pie that its notes shall be received in pay
ment Of all State and county taxes, the re.
venue officers are instructed not to receive it,
as though by the mere fiat of a Government
official the people could be denied a right
in the nature Of n contract which no author
ity but arbitrary power and the absence or
corruption Of courts can defeat.
The peopleshou not andwill not yieldto
the follies and outrages of a set OF State Off
Gals who, for the want of both intelligence
and integrity, are presuming thus to run
rough-shod over the rights Of both person
and property.
They should in no instance consent to the
payment Of a dollar of tax until the ques
ton is litigated and determined as to
what is legal tender. They should
refuse all payment to the bank when
ever any portion Of their currency is thrown
ont because of its issuance since May, 1861.
Let them resort to the courts for a proper
determination Of this question. Where de-
posts were made prior TO May, 1861, and
checked ont subsequent TO that time in the
currency they now repudate, let them show
upon what principle they can refuse a re-
payment in better currency. Let them
see the folly of attempting TO impose upon
the people a rule that will not work both |
ways.
Such resistance on the part Of the public |
in the settlement of the affairs of this insti-
tuition will have a good effect, not only in
protecting themselves against injustice and |
oppression, but it will serve more eiIcctually |
than any other means to awaken these vul- |
gar usurpers TO the consciousness that they |
are not the State-that whilst there are |
some things Legislature may do, there are
many it cannot do-and that the Courts of |
the country may yet be trusted to determine
the unconstiutionality of their acts, and |
protect society against their revolutionary |
legislation.
ACCORDING 10 the reconstruction plan |
which has passed the lower house of Con-
gress, and now awaits the action of the SEN