Nashville union and dispatch. [volume] (Nashville, Tenn.) 1866-1868, 1867-05-25
NASHVILLE. TENNESSEE, SATURDAY. MAY o. 1867

England, all legislative. bodies had this
power, and could call it into existence at
any time, why did our fathers, in our con-
stitutiOn, insert this clause What folly, to
have undertaken to give an authority and
power which all legislative assemblies,
as is commended, always had.
| | suppose that the people of the State of
| Tennessee, a. State with written, well de-
! fined constitution, will learn with surprise
| that their rights, powers, and duties are not
! to be derived from our own constitution,
but to be aseertained by long and labori-
GUS research of the musty tones of the
House of Lords and that the privileges
and powers of Legislative bodies are not to
| be "cribbed, eabined and confined" to our
own constitutional restrictions and safe
guards as established by its wise trainers,
but like the Nile, their great source is hid
away from mental sight, and lies imbedded
in the high and indisputabIe rights and
privileges of the faithful Lords and
Commoners of her Majesty Such, FORTH
nately has not heretofore been regarded as
snited to the present dispensation, and his
Honor, Chief Justice Shaw, of Massachu-
sets, aided 10y his associates Metealf,
Dewey and Hoar, on the OCCASION of the
pCiltiOA ibi q fttpTuN pas % NdGOIEE "a
Bunham, a citizen who had been committed
to arrest and imprisonment by a resolution
| of the House OF Representatives on the
warrant OF the Speaker for contempt of
| the House, declared the law to be quite the
contrary as contended here, in this remark
able and pertinent language "The House
of Representatives is not the final Judge of
its own powers and privileges in cases in
| which the rights and liberties of the citi-
zen are concerned, but the legality of its
action may be examined and determined
| by this court. That House is not the Ie-
| gislature, but only a part of it, and is
| therefore subject, in its action, to the laws
in common with all other bodies, officers
and tribunals within the Commonwealth.
Especially is it competent and proper for
| this court to consider whether its proceed
| ings are IN conformity with the constitu-
| ton and laws, because, living under
| written constitution, no branch or depart
ment of the government is supreme; and
| il is the province and duty Of the judicial
| department to determine, in cases regular
| ly brought before them, whether the powers
| of any branch of the government, and even
those of the Legislature in the enactment
| of laws, have been exercised in conformity
with the constitution, and if they have not
| been, TO treat their acts as null and void.
| Such language of wisdom and thought, re-
fined and purifed-in the American cruble
| ofliberty the language the constitution
| of organic law, not of underlined or unde-
Unable high and indisputable privileges
and challenges the admiration of his coun-
| trymen.
The government, apprehend, is sup.
ported by three independent pillars, the
| legislative, the executive and judicial, each
| coordinate, and shonld one be plucked
away the entire fabric must tumble into
ruins. The Judiciary is the centre pillar,
and the support of each the Others, by
checking both. On the one side is the
sword-on the other the purse. The
judiciary has no inherent capacity to de-
fend itself-its incidental support comes
from one or both of the other depart
ments, bat its chief support is the hearts
of the citizens. The Judiciary has no
victims save those the law makes. Along
its path are seen no reyenges no passions
and antipathies its course is not marked
| with an iuordinate ambition, because it is
incapable of aggression. The great and the
small, the sovereign aud the subject, should
| alike bow at the shrine of justice. Hitherto
| the judiciary have not been terrified by
the powers of the executive, and have
daI ed to Judge between the humblest
citizen and the President.
The safety of the citizen and the State
demands that the power be lodged some
where to declare an unconstitutional law
void. Of what importance Is it to say
that one branch of the Legislature is pro
hibited from doing certain acts, if no le-
gitimate authority exists in the country to
decide whether the act done is prohibited
act? What consequences would follow if
the Legislature, or either of the Houses.
had the exclusive right to decide their
own powers over the property and life or
liberty of the citizen? This principle adj
mitted, no constitution remains, but the
| Legislature becomes absolute and omnipo-
tent. If no one is left TO Judge, why talk
to it of transgressing its powers? If it is
treason and dislOyalty to resist it, or even
to enquire into its powers, and that too
when citizen complains that his liberty
has been trampled under foot, then away
with constitutional governments, andlet us
throw this compass overheard and trust to
the winds and the waves. Are our Judges
to be removed in disgrace, and mortal
blow given to one branch Of the govern
ment at the instigatiOn of another and rival
department, because these Judges hear
with patience, and decide according TO the
honest dictates of their understanding
the law and the facts of case in
volving on one hand the rights oil
of the citizen, and incidental to this. the
powers of one branch of the General Assem-
bly,. IL every Judge to be arraigned before
this tribunal, and pursued with inhamma.
tory appeals to party passions, because il
the honest discharge Of his duties, he ha,
made decision upon the rights and liber.
ties of a citizen, the effect of which wa!
to initiate with hope, one of the many po-
litical organizations with which the Coun
try at all times has been cursed, and b,
declared to be under the dominion of
party spirit because the accident of the
law, which he declared was conceived Il
be injurious to some other political organi
cation? Is there or should there be in tn,
State, any act of the Legislature or Of eithe
House of the General Assembly, or any
; political organization, the legality of which
may not be inquired into by the Judiciary
when such act or organization is brought
before the court on legitimate proceed
ing, and at the instance of citizen who
claims TO be oppressed thereby?
Are we to be told that the effect Of the
decision of Judge Frazier, was against the
, sense of dominant party in the State, and
thereby imperiIed not only that party, but
the Estate Can any party call itself the
State? | know that il is the cant of those in
power, aud it is a species of patriotism
that is Pardonable, TO call themselves "h,
State" We have witnessed examples oil
, this kind at.home and abroad. How rapidly
have parties and political organization.
| arisen, ruled for a time, and passed away,
: The sun of federalism once rose over thi,
: nation, and set never to rise again-bettei
OF worse men than themselves in their time
thrust them from power. Republican
r. Democrat Wing, and Know Nothing, have
J | each had their day-to their country's glO.
J ~ or their cOuntry's shame, and each in
turn had arrogated to itself the name Of
the nation. AT one time in France, BrIssat
called himself the nation-then Robes
= peire Barriere fallen, Bonaparte, and
finally, Louis Phillippe-but their dreams
were soon dissipated under the inscrutablC
but mysterious workings Of Providence
E What has happened TO Others, all must be
liable to. The judiciary may have Its en-
emles, but in all time to come, ii will have
also its friends. The party Of to-day i'm
peaches Judge for a cause, which tht
! party OF tomorrow NAV laud-and ther
e tie Judiciary is placed between two cross
= hires, and made subservient to the will o
q "A