Daily union and American. [volume] (Nashville, Tenn.) 1865-1866, 1866-08-21
GOVERNOR BROWNLOW AND THE
JUDICIARY.

GOVERNOR BROwNLOw AND THE
JUDICIARY.
Amidst all the high-handed and I'M
licensed usurpations Of authority on the part |
Of the Executive and Legislative depart
ments Of our State Government, the people
have taken comfort from the fact that they
have a Constitution and a Judiciary TO fall
back upon, as a safeguard against the more
extreme abuses with which it is sought to
overawe and Cypress them. Bad men may
rail and petty tyrants send forth their edicts,
but so long as we have constitutional form
Of government and an independent and faith
ful Judiciary to revise the acts Of our rulers
and conform them to the fundamental law
Of the land, the evil which they do will be
temporary, and a free people will eventually
right themselves.
This fact is beginning to be better under
stood by Gov. BRowNLow; but instead Of
hating him in ms mad career, it seems to
have increased the desperation and folly
which have characterized his wicked admin
istration heretofore.
II has been known for some weeks past
that lac was dissatisfied with the able and
impartial Chancellor Of this judicial dis
trict, and that he had indicated his desire to
have him resign his position on the bench,
whilstthein interested public have been equally
anxious that so able and faithful an officer
should continue to serve them in that high
and responsible capacity. What the final
action Of Judge CAMPBELL might have
been, if left to his own choice in the matter,
it is needless to say. But the Governor,
impatient Of delay, has undertaken to break
down all petty barriers to his august will by
ceasing to recognize the present incumbent,
and by appointing his successor, without a
why or wherefore. According TO the decree
ofthe Governor, Judge CAMPBELL has ceased
to exist; whether by death, resignation or
removal, he kindly leaves to his friends to
determine. Suffice it to say, according to
the books Of the Executive office, Judge
CAMPBELL is no more.
The happy individual to whose shoulders
the Governor has sought to transfer the ju-
dicial ermine, by this simple wave of his
imperial hand, is Major J NOAH formerly
Of New York. but for the last few months a
resident of Columbia, this State The new
appointee has been duly commissioned and
is over happy and more than willing to en-
ter into the enjoyment Of the clustering hon
ors which seem to crowd upon him.
Judge CAMPBELL, however, has taken diff
ferent view Of the subject from that taken by
Governor BRowNLow and Major NOAH
His construction Of the law-as of his rela-
tions and duty TO the public-is entirely
different Whatever therefore, his private
inclinations may have been, relative to
continuing upon the bench, he claims still
TO be the Chancellor Of this judicial district,
and will go forward in the discharge of his
duties, regardless Of Executive interference,
and in defiance Of its attempt at usurpation.
Ofall the outrages perpetrated, or attempt
cd, by the remarkable parsonage row claim
ing TO be Governor Of Tennessee, this we re-
gard as the boldest and most unblushing.
In all the conflicts of authority, State or
Federal, which have arisen in this country,
in times Of war or peace, it is without
precedent, and if submitted to, would be
without parallel in the danger to which it
would subject the State. Whenever we
cease to have an Independent Judiciary, and
their places are filled with the mere satraps
Of power, the people must reassert their
authority or tamely submit TO the iron heel
Of an unbridled despotism. Thank God, as
much as we have suffered, we are yet far re-
moved from this. The American people
may loose their love Of liberty--it is posi-
bic that they may even pass under the yoke
of a despotism-but we are sure it will never
be at the hands Of such weak and vulgar
pcrsonages as by the mere accidents Of war
have been thrown into temporary import
ance and power in Tennessee.
We are not advised by what means the
Governor proposes to make good his action
in this matter. Having asserted the au-
thority, he ought to stand up to it. He
ought TO make good his claim to appoint
and remove Judges at his pleasure. In our
judgment he will never have a better oppor-
tunity than is now presented. Judge CAMP
BELL will continue to hold his Courts. |
What will Judge NOAH do? Time will de- |
termine, and we promise our readers to
chronicle the result, whatever il may be.