Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1867-02-24


| nence, we are necessarily opposed to so
rash and fatal and mad an experiment.
Others think it may be safely ventured
upon. We know that it cannot. There
is little enough already Of the permanent
ami stable in our institutions. We de-
test anarchy and despOtism alike. We
dread and fear them alike. We have
seen both, during the four years Of war,
and their hideoGs l.neaments are famil-
lar to Us. God forbid that we should
ever live again in the hell of a military
desp0tism, where the lives and liberties
of men depend upon q single despotic
will; or in that condition Of lawless an
archy where the mob is always seeking
for innocent victims to immediate, to graf
ify its vengeance, sOothe its suspicious,
or aIlay its fears. With our convictions
Of the certainly OF the ~aOcursed conse-
quences of negro suffrage, making anar-
chy inevitable aud despotism 3 necessity,
We should be most disloyal to the
Constitution and faithless to the cause OF
constitutional liberty, if We could,
under whatever stress of necessity, re
frain from urging the people Of the
Southern States never, never to consent
to it.
We are equally satisfied that the great
danger that menaces every republic lies
in the constant tendency of the legis-
lative department to encroach upon aud
ultimately TO swallow up tine Executive
and Judicial Departments. II the pos
SCISSOR Of the Executive power is unde-
cided, vacillating, incompetent, he
goes down like CHARLES l and LOUIS
XIV. II he is daring, r~esolute, self
possessed, lie brushes the legislature, like
CROMWELL and the two A~AFoLEoNs.
In either case, free government has
but a little lease of life. When We were
a Wing, we nevertheless refused TO ap-
provo the war waged by our great leader
upon the Veto power. The Glamour
against the one-man power was always,
to us, sheer nonsense. 1t will only be
formidable, in a free country, after the
legislative body has itself usurped an
inordinate power, and made the govern
ment an organized anarchy.
Above all things, we regard with
alarm and horror all attacks from every
quarter on the independence Of the
Judiciary. Amid all the political cor
ruptions Of the country, and while the
Treasury is p~lundered in every direction,
and Senators and Representatives re-
ceive brides and connive at jobs, it has
been rare indeed for a judge, even where
judges have been elected by the people,
10 be suspected of dishonesty in judg-
ment. Whenever the judicial tribunals
their independence, and can be so
intimidated or managed as to register
the edicts Of a tyrannical and usurping
legislature, the Sun OF Freedom will
have set in clouds and darkness. We
should be disloyal to the Constitution
and false to our oath Of allegiance, if we
did not oppose all measures that are in
tended to make the judicial tribunals the
mere organs Of f%action, or TO deprive
them Of their dignity and just powers,
and the respect and consideration to
they are entitled in every free
government.
We should be disloyal, if we could con-
sent even by silence to approve the sab
stitution Of extraordinary and illegal tri-
buuals, such as military commissions
are, in the place Of those to which the
people are accustomed, and which are
to despotisms only. We should
be disioyalif wecould consent 70 be silent
citizens are deprived, by arbitrary 1
power, Of the right Of trial by jury. For
-hat is not a free country, IN which lie
gal arrests are tolerated, upon warrants
Of Secretaries or by orders OF military Off
GERS, and where the privilege Of the writ
Of habeas corpus is denied, and men are
tried otherwise than in accordance with
the old and venerable forms Of the COM
mon law, and before the courts author
lied by the Constitution.
We should be disloyal if we failed to
against martial law and the es-
Enlistment Of military despotism, any
They are crimes against human
nature, and crimes so detestable that
are no words adequate TO express
their enormity. 1t was perfectly compe-
tent for Congress to create civil govern
in the Southern Provinces in ac-
cordauce with the old presidents. In
territory Of Arkansas, wheR il was
first created, all the powers Of govern
nent were vested in the Governor and
Judges. If Congress thought it Necessary
10 subvert the State Government of
Louisiana, why not have followed that
precedent? A military force, placed al
he disposition Of these officers, would,
without difficulty, have preserved order.
There is NJ necessity for a military des-
no excuse for its establishment. \
The object Of II is to hare the means Of
expressing free speech, m1zaiRg the
and Furnishing men for acts not
to the HGiC as o6c9ccs. The Mill
AIRY Tyrant will possess the power, under
he vague language Of the act, 10 create
md define offences, and fix the penalty.
lie may establish military commissions
nd IL these should try men for acts
lone years ago, we DO not see where there
anywhere, a power TO prevent il.
surely it IS not necessary for one to refrain
condemning such a measure, in
rider TO be esteemed loyal.
All such legislation is a terrible mis-
AXE. It is the most certain mode OF
a restored Union impracticabIe. ,
o deprive the great mass Of Southern
len Of the right 10 vote and have a voice
a framing the Constitution and laws by ]
hitch they are TO be governed, is such a &
MEASURE as Austria might fifty have en-
cted for Venice, or Russia for Poland
ut neither Of these despotisms would I
ave conferred the right Of voting and
forming new constitutions for a con- A.,
uered country, on an immense number {
T wholly uniformed and unintellectuaI $
egroes. :
1t is q very great misfortune that the !
len in power 50 legislate as to force into G
position Of antagonism the sober, in
lligent and temperate men Of the
outh, who would fain see harmony re- 7
ored, and are sincerely DESTROYS for the 81
elfare and prosperity Of the Union. 1t q
folly 10 suppose that We are not loyal "
the Constitution and the country, be-
use we bore arms against the United Al
ates. History is full Of examples to IL
e contrary. As soon as la Vepdee
omitted 20 The arms of France. her 50
Ople became loyal to France, for it was &C