Nashville union and dispatch. [volume] (Nashville, Tenn.) 1866-1868, 1867-09-20

We have set up against these provisions
OF the constitution and these declarations,
the military reconstruction bills, which
embody complete military despotism in
all the States of the South. The system
thus ordained by Congress, aud put into
operation by Executive appointment, is in
plain conflict with the constitution 1t di-
rectly, in theory and practice, abrogates
and annuis every one Of the constitutional
limitations herein quoted. 1t sets aside
trial by jury; suppresses freedom of speech
and the press; it dispenses with grand iu-
ries; it-subjects the civil TO the military
authority, and in special case it overrides
the decision and annuls the process Of the
Chief Justice oft Supreme Court of the
United States.
The President has thought it his duty to
confne his action, so far, to the enforce.
ment of the process of the court The his
tory of the country furnishes no example
Of moderation at all equal to that which has
characterized the Executive in this won
derful history.
hewhole reconstruction scheme is equal,
in reasonable essence and political crime,
to the late rebellion ITSELF It is in a COM
plete perversion of the legal powers of the
Legislature, and their employment in a
grand revolutionary movement which not
only contemplates the overthrow of the
constitutional system, bat the deposition of
the President, the suppression of the Su-
preme Court, and the transfer of all the
active agencies of the government to the
will of Congress.
And what is the theory of this mons
strous treason against the government Of
the constitution?
Mr.. Stevens tells US it is revolution
revolution by parties acting outside Of the
constitution. 1t is force-it is open~handed
force made insolent by the extent and
power of its combinations. If this be true,
the question arises to what extent heavy
responsibility rests upon the President for
not meeting the issue by the exercise of the
high powers which are devolved upon him
to preserve, protect, and defend the con-
stitution" We have seen for two long
years the coils of treason drawn with bold
hands around the vital system of the gov
ernment and as this work of strangling
has been openly carried on, the hands Of
every patriotic political agent of the old
system have been tied, and their feet bound
by the conspirators.
1t is the duty of the Supreme Court, as
Judge Marshall says, I" to say what the law
is" it is the duty Of the President to "pre
serve, protect, and defend the constitution"
The one is the judge of the law and the
constitution in their application to per-
sons; the other is the judge of those pab-
lie events and combinations which threaten
the overthrow of the constitution and the
s11ureuacv of the law
The time has come when the President
should feel the force of this distinction, and,
in view of the widespread conspiracy
which now seeks the utter subVersion of
our great free system of governments
conspiracy which has already erected a
naked military despotism over one-third of
the States of the Union; which is mar
shaling its forces for the despotism of our
Chief Magistrate; which openly sustains
every act of arbitrary authority of its tools
and minions; which proscribes the whites
of the entire South, and foists into power
the ignorant blacks-we insist, it is the du-
ty of the President to employ all the au
thority of the Executive Department to
"PreserUe, protect and defend the eonstitu-
tion."