Nashville union and dispatch. [volume] (Nashville, Tenn.) 1866-1868, 1867-01-29
From tie n. Y. Times. 2f'h.


for few OF us are blind enough not 10 see
that there is now impending coup detats
at Washington. II hangs above oar heads
at this very moment, and il we do not lay
aside all party hopes and fears, or in fact
other considerations it will fall upon us as
we are gazing upon it with stupid and in
active apprehension.
THE CONGREss on A MAJORITY or A PART
OF THE NATION UsURrING THE POWERS
or THE GOVERNMENT.
"The power by which the existence Of
constitutional government is imperiled in
this country has control Of our government.
IL holds that power as the representative
Of only a majority Of only a part Of the
nation. A large minority &C the constituents
Of the very members who at present control
the legislative branch Of our government
are opposed 10 their action, and yet must
submit, and ought to submit 10 that action,
so long az il is constitutional Now, it is
the one cardinal principle Of constitutional
governmnnt that within the provisions of
the constitution the rights Of minorilies as
well as those Of maiorities shall be safe. Ii
is chiefly for the protection Of minorities
that constitutional government is estab-
lished-that the party which, for the time
being, has control of the executive and the
legislative branches ofgovernment may not
use its power exclusively in its own in
terests, and in tyrannical disregard of the
rights of the minority. Therefore IL is that
a constitution declares what the executive
and what the legislative power may do, and
either declares also that they shall not do
certain other things or that they shall DO
oRly that for which they receive authority
through the constitution. II this restraint
Is broken through, either by the executive
or legislative power, constitutional govern
ment is At an end. The immediate object
In view may be good, but constitutional
liberty is none the less destroyed, and the
course over its ruins is made easy for every
chief executive or any legislative majority
thereafter.
THE ASSAULTS on THE EXECUTIVE AND
JUDICIAL BRANCHES OF THE GOVERN
MEET.
No intelligent and moderately well in
formed citizen Of this republic needs to
be told that Congress il not supreme, that
Congress has no powers but those derived
from the constitution, that it the creature
Of the people directly, but Of the people
through the constitution, aud that il may
transcend its Just powers as easily as the
President can transcend his. From its ne
ture, its organization and its functions il
is the most powerful branch Of the govern
ment, and is therefore the one 10 be most
feared, and most delicatelY watched andre
strained Upon it there are only two
checks-the Presidents veto. which Con
gress itself can set aside by a two-thitds
vote, and the Supreme Court, which has
no control over the wisdom or the patriot
ism Of lis acts, but only over their legality
Imperfect as these checks are, because they
are Of human contrivance, they have thus
far been sufficient, and they would always
prove sufficient for the security Of consti-
tutional government Without them, con.
stiiutional liberty would not exist for a
wear; but each session Of Congress We
should be at the mercy of an irrepressible
majority, which, if necessary 20 its pur-
poses. could declare Massachusetts OF Ohio,
or both, and New York besides. ont of the
Union, which could impeach the President
a viii and suspend him from his office I'M
al he ws5 declared eitherinnocent or guilty,
t would make no matter; and which could
bid the Supreme Court attend 20 It's own
business. and not concern itself With the le-
galiiy of any act done by the majority.
The purpose Of the majority Of the pres
ent imperfect Congres7 as we all see Is to
remove the President, and not only the
President. but the Supreme Court, out Of
its way. We see this, and We look on in
apathy, and 90 about our money making,
stupidity trusting that no harm will come
of It. aud Vet what is doing is that consii-
tulional government is DESTROYED before our
ewes. hil was brought in on Monday bv
Mr. Williams, of Pennsylvania. which
absolutely is entitled hill TO define the
powers OF the supreme Court OF the Su-
prcmc Court whose powers are defined by
| the constitution and the chief object of
whose creation was to define the powers of
Congress. 4 more harelaCed attempt at
uyurpation was never seen; q more fatal
blow 90 constitutional government was
never dealt Net what NAV we not expect
when Mr. Wilson repSris bill which de
clares valid and conclusive certain prOcla-
nations and consequent acts which the Su-
preme Court can only declare valid? And
| Mr.. Boutwell, does not hesitate to declare,
with "strong emphasis that the Supreme
| CCurt exists hut by the breath of Congress
the Supreme Court, created by the Gre
! atdr of Congress. 90 interpret It's laws and
! be a check upon ils action Congress has
no more right 10 define the powers OF the
| supreme Court than 10 define its own pow
ers or those Of the President The people
have already done all this through the con-
sutuuou; the people may change their
| definition through the constitution. When
the powers either of Congress. the Presi-
dent OF the supreme Court are abridged or
| enlarged in any other Way, constitutional
| government ! 40 an end. and constitutional
liberty has for the time, perhaps forever
been destroyed Yet this proposition e
define the powers Of the Supreme Court
and &c make iull bench and uuanimify
necessary % any decision uPon the consn-
| nationality Of the proceedings Of the ma.
! iority in Congress, was rot robuked nl
] laughed down hut actually referred 20 the
! Judiciary COMMITTEES by vote Of lQ- "a
39 Did it occur % these Legislators that
the time may be not far distant when one
Judge Perhapsu Ianey, may by his absence
delay ar hv his obstinacv defeat q iudg.
meni upon the CousJitutioualiiy of an al
| Of Congress, which judgment may be in
their opinion oi the highest importance
Or do they mean 20 say that although a full
bench and unanimity are necessary to IA,
validity Of proceedings in the Suprem,
Court, the acts of a mere majority Of Con
gress must be just valid, constitutional
rHE APATHY OF THE PEOPLE IN VIEW "a
THIS THREATENED REVOLUTION.
These things are done before as: ID,
doom Of our government ia on the brink o
| execution and yet We are quiet vii