Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1867-10-01
TH4 "NAsHvILLE" MUNICIPAL


The threatened collision Of the Militia
and the Municipality at Nashville was
prevented by the " balance OF power" OF
United States forces under Gen. THOMAS,
who received instructions from Gen.
GRANT on Friday night, as follows:
WASHINGTON. September p, 1857.
To M-aior-Gensrai G. II. Thomas:
will send you further instructions to-
morrow. Nothing is clearer, however,
than that the military cannot be made
use Of TO defeat tbs executive of q STATEN
enforcing the laws Of the state. You
will not prevent the legalsts Q force from
the execution Of its orders.
US. GRANT. General.
Gen. THOMAS construed this order
fto sustain the State authorities in the
execution OF their orders" Their orders
we're to prevent the municipal suthOri'
ties from opening polls.
On the day before, Gen. GRANT had
telegrsphed Gen. THOMAS As fellows:
The military cannot set up to be the
Judges as to whose set OF election judges
have the right to control, but must con-
fine their action to preventing or putting
down hostile mobs. 1t is hoped, how
ever, by seeing the governor and city
officials here referred 10, your presence
and advice may prevent disturbance.
It is certain from this that Gen. GRANT
did not intend 70 prevent the city from
holding an election at first. All that the
Mayor and Council asked wa for both
parties to hold an election and leave the
legal questions involved to the courts
The effect of GRANTS last instructions
has been to defeat the judicial determi-
nation Of the issue by the courts and de-
termine the matter himself and right in
the face Of his first decision to the con-
trsry. He has done this as Commander
in Chief Of The army Of the United States
and by virtue Of his military
power, and in effect declared that the
military is superior to the civil or judi
cial power. The fact that Gov. Brown
low Ia State Executive) had ordered the
Mayor not to hold the election, and had
arrAyed his military authority TO pre-
vent the decision being submitted to the
courts, does not help the matter. The
action of BRowNLow was In itself con-
trsrv to and subversive Of civil govern
ment, in assuming himself TO be the
sole Judge Of the law and its arbitrary
Interpreter. The United States Govern
ment is bound to respect the rights Of the
State courts, in their Interpretation of the
Constitution and laws. And these courts
are g coordinate departmental the State
Government, which the United States
must regard as superior, within their
sphere, to the Executive of q State. If
the State Executive undertakes to usuTp
judicial functions, the United States is
doings wrongsnd guilty Of an oppression,
ia unfolding him in it, by military force.
We think that Gen. GRANT has commit
ted this wrong in his late action, perhaps
more from a failure to understand his
duty than from a design to exceed his
authority. It Is one Of the evils of per-
hitting the military authority TO exer-
else such delicate civil functions.
But the wrong has been done, and 1t Is
setting 8 precedent which will enable
the people to see what is to be their fate,
unless a speedy change shall be made in
the principles which now govern this
country-or in other words, until they
return to Constitutional Government,
when the civil are superior to the mill
tary, in time Of peace. We can lock
upon this single act Of Gen, GRANT in
no other way than as a notification that
the arm Of military power is the govern
ing power throughout the United States.
His first position was in favor Of civil
supremacy. But in twenty four hours
time, his views were revolutionized, 80
as to change the whole status of the
question and sumo to himself, as COM
mander-in-chiefi powers Judicial in their
character, and this, too, in determining
the most delicate questions under 6 re-
publican form of Government ques-
tons which lie at the basis of the rights
OF the people, and upon the decision Of
which depend the most essential rights
of freenen.
In addition to this view of the question
we must say that we are somewhat sur
prised that President JOHNSON should
surrender the determination OF such &
question to the GeneraI-in-C Chief, after
his recent removal OF Gen. SICKLEs for
refusing to submit to the Judicial author
ity, by his famous Order No. 10. It seems
to Us to be q reversal Of the principles
upon which he removed SICKLEs, with
this exception, that the last case has &C.
Cured in q State OF the Union, while the
other usurpation was in one OF the Mill
tary Provinces.