Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1869-04-11

.Sere Wings and Democrats. | would tC
| God. the country stood now as il did then
with two great parties battling in meas.
ures which should be fixed upon the coun.
try. But in returning to-day, it is simply
to discuss some Of those questions which
have agita.ed the public mind. 10 being
before YOU to-day, under the circumstan.
| ces. trust there is none who will feel en-.
| nifty. Here is where all my interest is
Here is my home. The promotion and
elevation of my adoptedS ste and its people
is nv own promotion and election. Her
history is mine 10 part, and my history is
in part hers. IL my history has been one
which commends itself to them and the
American people, let it be good or bsd,
they haye(to be associated with il and
parlake of il TO very great extent.
Then, in appearing before you come as
your own citizen. | come not as disap-
pointed man, not rs one who has asked
favors and they have been refused. l come
of my own free will, and not as a matter of
interest. / have made this the home of
my choice, and if were TO speak in the
language of another, might say l come
as an aged man, not broken with the
storms of State, though | may be much
bent in. / feel in my own conscience that
have discharged my duty TO the country,
and / come asking no more if they will
| give little earth for charity. Ia your
midst is my burial place, and in your midst
is my history. Here l have been identi-
fed with the struggles of the past, and
have been associated with the most i'm
poriant questions and Issues presented for
| the consideration of any people. Here,
where ia all that is dear to the heart and
sacred TO the memory Of man stand.
| With all this what motive would l have to
make false impressions or mislead any one.
THE POSITION OF CONGRESS.
1t has been my fortune, or misfortune,
in entering upon the Presidency of the
| United States, to come in conflict with one
of the coordinate branches of he govern
ment, and 10 doing 80 the vital and funda-
| mental principles of this land have been
involved. Your government has three
great divisions. You have the Legislative,
the Judicial and the Executive Depart
menls. 1t was intended by the wise trainers
of the constitution TO divide the powers of
these departments, each TO exercise one
third, thereby producing an equilibrium
10 the departments that would ever main
tain the principle of the people in the con-
stitution.
The Issue now before the country il, not
as between Wing and Democrat, bat
whether you are 10 haye q constitutional
government, or one that is arbitrary and
despotic.
In olden times, when we were battling
with each other, when a Democrat would
make his speech, he wonld contend for
strict construction OF the constitution when
Wing spoke he commended for little
more liberal construction of government
under the constitution.
But one great point was agreed upon
thst there was 4 constitution and consti-
tutional government, but differing in the
construction ofthe constitution, The Issue
now before the country Is, are We TO have
constitutional government, or whether
Congress has power outside and above the
constitution; whether Congress is clothed
with absolute and arbitrary power. look
upon the latter az one Of the most daugers
GUS positions that can be assumed. What
is arbitrary power? The power Of one
man? We used to have it here. But the
many linen power is the most dangerous in
this government.
The Executive power is negative in its
power. The President may recommend
TO Congress, but he can pass no law. Con-
gress may pass laws and present them for
| his consideration, but all he can do Is to
veto, and give his reasons. Thus We see
that the power of the Executive is mega
| tive and not aggressive. Is does not en-
croach upon other departments
He holds bad measures and good ones IN
| allowance until the mass Of the people shall
have an opportunity of considering and de.
termining whether he or Congress is right.
| This is all that is meant by The veto power.
How does the Judiciary stand =? That
| is also negative in its character. All 1t
an do is 10 cOnstrue law-lnterpret law.
l 1t CONSTITUTES and may determine an act OF
| Congress unconstitutional. That IL all
that the court can do.
What can Congress DO? They can, I'M
der the power of legislation, pass a law, if
disapproved by the President, by vote of
| two thirds. But there should be one dis
| tinction drawn here. Where Congress
passes a Law by two-thirds vote the law
does not become part of the constitution.
| When You go back TO the organic law OF
| the l.nd, You see that law passed by
two-thiIds majority is no more binding
than if passed by a simple majority. UL-
der a pretext of making law, Congress
passes a law and assumes that it is consti
tutiobal. In this way they make encroach-
ments upon the people. They have al
most gone far enough to make law abol-
ishing the executive and Judicial depart
ments of government, thereby leaving
Congress standing alone, with solitary and
absolute power in the government. When
i Congress assumes this attitude, let me tell
yon here, 10 day, as one who knows and
feels what is being done and intended to
he done, that the object is 10 absorb
all the power Of The government IN the
Cor g-ss., nf the nation. The Judicial and
Executive branches set aside, Congress be-
comes the government, and ii becomes
more absolute power than that Of the Gar
of Russia Don't We know that body OF
men thus organized when they commence
the passage Of bad laws, by association and
protection lose direct responsibility and
pass laws thai zane men wonld shrink and
shudder at Bal men, by being assocla'
ted, become more despolic and injurious IN
the execution OF tyrannical measures.
Mr.. Jefferson declared, in referring to a
body of this kind-Jefferson, the phiioso'
pher, the statesman, the patriot, the phi
lanihropist, declared such 9 body as the
precise definition of despotie power. And
let me tell you here to- day, Git Is all over
with me I have nothing TO ask bat tC
keep my position among yOn as elii4en,.
/ would take the power and place II IN th'
hands of one good, wise man, rather thar
yest it in such Congress as this. | APP
plsuse A wise, and just, and good
prince, is far more preferable than doml
neering, extravagant, wicked snd mali
cious Congress. Applause
What has this Congress done Let u
follow ii up q few steps and see what 1t ha
done Let me tell you that when thu
people lose their liberty and present form
Of government, il will be done by the Leg
isIsliye DEPARTMENT. The time has cJm'
when its course ahould be aVerted. Whe'
, a measure involving The constitution O
| the land is involved il should be submit
ted to the Supreme Court Voice
That's 80
This Congress, that is usurping all poWe
3 Of the government you are called upon
trust and respect this Congress. that ha
: taken away the trial by jury that has de
i MED the privilege of the writ OF habea
/ | corpus: that has dissolved legislative bod
: les, while it pretends to work in the caus
. of freedom abroad little Crete, the gran
Turk of Constantinople, the expressions
q Pollard, and OF even old ireland, God bles
= her. Applause They have taken out
. royior commission in search OF oppressio
8 abroad while they stand with their leet a
on the recks OF ten or twelve millions {
+ frsemen. merely refer to this TO show 20
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