Nashville union and dispatch. [volume] (Nashville, Tenn.) 1866-1868, 1868-06-28
THE DEMOCRATIC PROTEST.

THE DEMOCkATlC .PkUTESI.
When the Arkansas Representatives
we're voted into their seats, James Brooks,
on behalf OF himself aud his Democratic
associate, rose aud presented the following
protest: " 70
The recognized presence Of three per-
sons on the floor Of this House from The
State Of Arkansas, sent here by military
force, acting under Brigsdier General Of
the army, bat nevertheless claiming TO be
members of this Congress, and 10 share
With ms the representations OF free States IN
the imposition Of taxes aud customs, and
other laws upon orr people, makes il cur
imperative duty in this, the first case, 60,
demonstrate mos, solemnly, and 10 protest
az solemnly against this perilous and
destructive innovation upon the principles
and practices Of our hitherto constitutional
selfzgoyernmenl The so-called recon-
struction acts which created the military
governments in other Southern States 20
share with us 10 the legislative power of
the Northern and Western free people,
we have every reason to believe have been
held to be unconstitutional by the Supreme
Court OF the United States; the public
declaration of hich fact was avoided only
by the extraordinary and strange device OF
this Congress in snatehing jurisdiction from
the court ia the McArdle case, when
such a public decision was about to be
made of the three great branches Of the
government and il seems then, that after
the Executive vetoed these facts as uncon-
stitutional, the Judiciary adjudicated them
to besso, while Congress, the creation Of
but twenty -seven Of the thirty-seYen States
Of the Union, oyerrides. these equal and
coordinate branches of that government,
firsl by voting down, the vetoes, next by
multiplying amendments to the COnstitu-
ton. In an era of profound peace, when
not an armed man rises against the gov
eminent, from the Potomac to the, Rio
Grande, there, in ten States, our American
and historical way Of creating the organic
law has been. utterly snbVsrted by the
bayonet. Ever since the declare
ton OF independents, With scarcely an ex-
ception, and ever amid the battles Of the
revolution, conventions have been ,onvoked
through, and Constitutions created by the
electors of the States, the oEly uthOrized
depositories of the sovereign l,oEer of
every State without exterior dictatiou as
unaee theEg federal Consiitution. The
hatdeat and harshesL tess-oaih required
from 1776 to the peace Of l783 was an alb
duration oath Of allegiance TO George Ill,
while some of the nov so-catied bayonet
Constitutions froa the South propose alb
surd and cruel lests--sbsilrd as in Arkan-
sas, where is interSoyen in the organic law
a mere party test between the Radical re-
constructionists and Democratic Conserva-
tives, such as would exclude from voting
if living there, the thousands, The tens of
thousands and hundreds Of thonsa6ds of
Democrats in the free States, (art.S sec. A.
and cruel as in. Alabama, where no white
man san Voteswho will not forever fore
swear his own race and color, and purjure
himself by swearing 10 defiance Of the law
Of, God that the negro is equal, and for
ever to be his equal at the ballot-box, in
the jury box, with the carlouche box, in
the school, in the college, in the house and
home, and by the tire-side-in short, in
every way, everywhere, (article 7, section
4, now in these and the other Southern
States. 10 the midst Of the war President
Lincoln, in his proclamation of December
8, 1863 offered amnesty aud pardon to the
Rebels then ia arms if they would lay
down their arms and take the oath of fdel-
lily; while not Union man in Arkansas
or Alabama eal vote unless in the first
place he swear5 allegiance to the ma
jesty of this Congress, and in the next
swears off his Americanism and Afri-
canizes himself Hitherto constitutions
with us have been the outgrowth
of popular life, springing from the exuber-
snce OF our enterprise and energy in the
set lement of the forests or prairies of our
country But here before, as now, are nine
constitutions, with one, if not three more
yet TO come from Texas, which have all
been imposed upon the people by FIVE Mill
tary satraps or PeStarchy, in manner
never before known under our laws, but
borrowed, at best, from Imperial Roman
colonization, or Of the French revolution
France is then recorded 10 have had FIVE
constitutions in three years, so lfrequebtly
made and so frequently changed, that they
we're ironically classed by the French peo-
pie with the periodical literature Of the
day. Louisiana, colony Of that France,
has had four constitutions in four years,
and constitution there has nov become
periodical as in France in the agOnies and
ihroes of the great revolution. Laws, were
statute laws, which can never be created by
constitutions, are appended more or less to
al these constitutions, and these bayOnets
created one branch of government with
out no Executive, no Senate, no House of
Representatives no Judiciary have or
dainsd irrepealabie, irreversible laws in Che
very organism of the State, such as canbot
be created by the Executive The Senate
aud the House of Representatives OF le-
Ultimate governments when acting in uni
son and all combined. a ALI this has been
done without regard TO preceding constitu-
tons, or precedents, or to the common law,
of the State, or to che laws Of The nation.
The military, while under legitimate IN.
structions, can only be used in times iof
peace to conserve or preserve the State, have.
here been used to destroy the States
The General of the army, who re-
presents the sword, and only the sword
Of the republic, has been exalted by acts Of
Congress above The constitutional Com
mander-in-Chief Of the army and navy, in
order TO execute those military DEGREES,
and as the surer WY to route out every
vestige left Of constitutional law or liberty,
The same General Of the army, 10 order %
pEolOng OF to perpetuate his military
domination with North and West, as well
as the South, has been selected in party
convention atChicago 10 head the electoral
vote for the Presidency ia Ten of our States,
which are as much under his feet az Tur-
key is under the Sultan, or Poland under
the Gar Of Russia. Bnt as if only to add
insult TO the injury Of this military outrage
upon the popular government nsthese ten
States, they have made State Constitutions
at a cost of $3.50, 900 the whites have been
DISTINGUISHED, while 10000 negroes mex
Rerienced 10 all law making and more ig-
norant than our children-haye been en-
frsnchised in lteiy stead, and have thus
been treated masters and sOveTeigns over
the white population Of the Sonth. Be
cause of all Of fhis, and 10 opPosiiionlo
all this. we, Representatives of the people
froIu our free States, in behalf Of our con
stituenis and Of thousands and tens Of thon.
sands OF others who would be here repre-
sspied Of the popular power without, could
they DOW consfiiutiOaally act here within, /
earnestly and solemnly protest against this |
violence upon DOR Constitution and upon
our people, and DO hereby counsel and sd-
wise all friends Of popular government TO
submit 10 the force and fraud only until at
the ballot-box, operating through The elec-