Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1868-11-29

that they proposed to condemn citizens
without preOrdained law, without a Judi
cial trial and to ''disfranchise them in the
face Of the Constitution. II the Legisla-
ture could disfranchise any number of
citizens by general description, it might
soon -cOntne all the voters to small
number Of partizans and establish an oil
| gsTchy. If il may, without trial, Danish
| all whom circumstances may render OBJ
noxions, no man can be safe against a pre-
yailing faction. The name of ibe "
applied to such government was a
mockery.' During the period which
elapsed between the trsaty OF peace in
| 1888 aud the adoption of the Constitution
in 1871, the popular judgment became
settled against the policy. and the
results were manifest. The COnsti-
tuition of the United States provides that
all legislative power shall be vested in the
hands Of one body Of men all judicial
powers in the hands of another body Of
men; and all executive power in the
hands Of an executive. No one
OLduCu Cau o&cIClSb s. TIC pOhOAo bo-
longing to either Of the Others. This
division of power had been advocated ia
France by Montesquier. and able writer's
in other countries. as fundamental feature
Of a Just and free government. 1t had
been maintained and partially executed in
England and other states, but had
never been completely and practically
established in the very structure of the
government before the adoption Of the
Constitution Of the United States, and the
adoption Of the Constitutions Of the States
about the same time.
This division Of power was intended to
prohibit the consolidation of all power,
Legislative, executive and judicial, in the
hands Of one body of men, or Of one man,
and to restrain the action of depraved
and turbulent majorities against weak
and helpless miuOTities. But the trainers
of the Constitution did not content them
selves with this general prohibition Of
the passage of the bills Of attainder by
the provision that the legislative de-
partment should not exercise judicial
power. By the special prohibition Of
&c post .fdcto laws and bills Of attain
der, they intended to declare, and did
declare, mere explicitly, that neither
Congress or any State should exile, out
law, or in any manner destroy any citi-
zen, or deprive him Of any established
rights, civil or political, by forfeitures or
disabilities inflicted for ofenses commit
ted, unless such forfeitures and disabili
ties were incurred by the violation OF
laws previously enacted, and unless such
forfeitures and disabilities were declared
and enforced by the Judicial department
Of the government. 1t was believed and
declared at the time Of the formation Of
the Consultation, that the legislative
branch was the strongest, and that the
judiciary was the weakest Of the three
departments, and that the greatest danger
in the future operation of the government
would be, that it would be Overthr0wn IN
its independent action, or be suspended for
periods of time, or that the judges would
become the serVile instruments Of the
other departments, as many of them had
been during the reign Of the Tudors and
Stuarts in England. The Constitution
therefore attempted to establish the IN
dependence Of the judiciary, and erected
a bulwark for that purpose, by the power
given to declare acts Of Congress IN con-
f1ict with the Constitution void, and by
other provisions.
In support of the same general pur~
pose, tho trainers of the COnsutu~
ton mitigated the risOr Of the com
mon law in regard to political oifen-
ses. They cut off that legion Of con-
structive treasons by which so many able
and virtuous men had persisted in the
progress of centuries. They abolished that
| principle Of the common law which cor
rupted the blood Of persons attainted Of
| treason, and prevented them from receiv-
ing and transmitting estates by in
heritance. They required two witnesses
to any overt act Of treason before a con
YictiOn would be had and maintained.
They limited cOnfiscatiOn to the life OF
those whose estates were subject to con-
fscatiOn. They provided by amend
ment, that the arrest for crime should be
founded on affidavit; that the party ac-
cused should be informed Of the nature and
cause of the accusation against him that
he should have the benefit of counsel; that
he should not be compelled to give
evidence against himself; that he should
have compulsory process to obtain wit
nesses in his power that he should be
entitled to speedy public trial in the
district in which the ofIense was COM
mitted that the district should be
previously established by law, and
/ - Ill rhn1l1 ha
CURED nor excessive fines imposed,
nor cruel nor unusual puRishments
| inflicted 1t is unquestionable that the
prohibition OF tho exercise Of judicial
power by the legislative or executive de-
| partments, the provisions for the indie
pendence of the judiciary; the elaborate
and detailed provisions Tor the security
of the people against grOundless and ops
pressiVe prosecutions and the provisions
against eac post .tGctO laws and bills OF
attainder, constitute altogether tho most
prominent and remarkable feature in the
| Constitution of the United States. The
| wise men who framed the Constitution,
considered them sill necessary for the
safety and liberty Of the people Of the
United States, for some of the ablest OF
them declared that the greatest engine OF
despotism in all countries was the power
of publishing individuals. Washington,
Hamilton, Jefferson, Adams, Franklin,
Madison and others were guilty Of trea-
son against the King Of Great Britain,
according to the theory OF the British
| Constitution and the doctrine Of the per-
petuity of natural allegiance. They had,
by a successful revolution, escaped an
| ca post fdctO law transferring their
trial from the American States to tho
county Of Middlesex and city of London.
| Like wise and brave and magnanimous
men, as they were, they determined not
to let into the government principles and
practices which might be used in the
most unjustifable manner to destroy
their descendants. They intended to
give to future generatiSas all the security
against oppressive, arbitrary and summa-
~ prosecutions, which, under similar
| circumstances, they would ask for them q
selves
WHAT CONGRESS WILL Do.-SenatoI
Morton, Of Indiana, it is said, will take
the lead in certain measures. lie Will
present bill for the redemption Of green
backs, aud be will urge hat gold safes te
! discontinued, and the gold surplus be ap'
r 81 roIar.pFicn nf lanaI n