Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1869-07-16

DOlIlnS wing Will Oenler. VI, |
cruel Stofer how can you tfeat1
the Senter organ so
THE INDEPENDENCE OF THE IT.
g l0HD NDICIARY!iR Z EyfH |
Chancellor Temple is jealous of
the independence Of. the. judiciary,
and he called upon the members of
the bar at Knoxville the other day |
to denounce the threats which he
claimed GOV. Senter had made TO |
intimidate the courts and deter them |
from the discharge of their duty. |
The Chancellor has acquitted new |
zeal in regard to 5thsiindependenee
Of the judiciary, andit is probably
attributable to the fact that he is
opposed to the election of Gov
Senter. i3sHe sat upon the bench
during nearly all the time that
Coy, Brownlow. set both. the law
=
and the Judiciary at defance,i and
we have never heard that heuttered
one word against the usurpations
of that individual. When Brown
low declared martial law in nine or
ten counties in Middle and West
Tennessee, and ordered the trial of
civilians in those counties by mill
tary commissions, Chancellor Tenn
pie thought it was all right, because
this Illumination of the Governor
was against people who had 'no
rights which a loyal man should
respect" The civil courts in those
counties were effectually closed by
the proclamation of Gov. Brown
low, in a time of profound peace,
and when the records of the
courts showed that any pro-
cess from those tribunals could be as
easily and safely executed then as
now, but these things did not
awaken in the breast of Chancellor
Temple fear for the independence
of the Judiciary. When Gov.
BrOwnlow was filing the judicial
offices of the State by appointment,
when the constitution expressly de-
clared that they should be filled by
election by the qualified voters, and
declaring that he would appoint no
one who did not "fin the bill, :"
that is, who would not conform his
judicial decisions and opinions to
the views entertained by the Gov
ernor, Chancellor Temple sat quietly
with his commission of appoint
ment from Gov. Brownlow-for al
though he has discharged the du.-
ties of Chancellor two or three
years, he was elected to the posi-
ton by the qualified voters of his
division only couple of months
ago, and never once raised feeble
demurrer to the Governors exer~
else of powers by which he pro-
claimed himself the Estate. Here
were acts which demonstrated to
the judiciary that Gov. Brownlow
held them as the mere instruments
to register his opinions and wishes,
and so far as is known to the pub =
lie, Chancellor Temple approved
these acts and views of the
Governor. At least, these
usurpations did not call forth from
him such a protest as an assumed
. threat from the present Governor
has done. Late as it comes, we arc
: reioiced to see Chancellor Temple
, throwing himself into the breach
/ to assert the independence OF the
= Judiciary and to stay executive
r usuTpation. Now if he will de
f nounce the laws which were enacted
D to clothe the Governor with th'
very power which it is assumed th'
present Executive threatens to ex
ercise, and the men who so subservi
l entity licked the hand of power a
to enact these laws that a despo
5 might thereby be enabled to SCI
aside the civil courts the more ef
! fectualIy to tyrannise over law
T abiding people, we shall feel con
strained to give the Chancellor
' credit for sincerity in his new borr
zeal to maintain the independence
| of the judiciary.