Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1869-01-23
THE LAST AND BOLDEsT UsURPA.
TION.


Gov. Brownlow informs the pub
lie that he will shortly issue an
other proclamation designating
the counties over which he shall de-
clare martial law" and he takes
particular pains to notify the PEG
pie that this declaration Of martial
law will "set aside civil law, and
turn offenders over to the military,
who will try them, and upon their
conviction, dispose of them in sum-
mary manner" This thing of de-
claring martial law is a hazardous
experiment, ana mas never boom at
tempted by State authority, except
in the recent case of Arkansas. If
there are "lawless bands of desper-
ADDE'S, who are setting at defiance
the civil law" as Gov. BrOwnlow
asserts, when we have no law but
the within Of a military cOmman-
der, as enforced by the caprice of
court martial, we may be sure that
these bands Of desperadoes" will
feel released from all restraint, and
woe be to those upon whom they
may determine to execute summary
vengeance. 1t looks as if the Gov
ernOr and his advisers were deter
mined to bring about that terrible
condition of affairs which must grow
out of an internecine war. Before
these horrors are brought upon
Middle and West Tennessee for
their refusal to sanction Brown
lows usurpations and despotic acts,
and while the people are yet calm,
let us see wherein the Legislature
has overstepped its authority in
authorising the Governor to call
out the militia and declare martial
law; and that in declaring martial
law and authorising the commander
of the militia he may call out, the
Governor not only commits crime
against public decency and law,
but places the men who may, under
this speciOus authority, take the
life of a citizen in an exceedingly
awkward predicament. The con
stitution of Tennessee, which is
declared the supreme law Of the
State, and which the Governor and
each member of the Legislature has
taken an oath to support, and the
former to see that it abe faithfully
executed" provides that "the priv
Iege of the writ of haJeas corpus
shall not be suspended, unless
when, in case of rebellion or inva
sion, the public safety may require
it. The pretence is not set
up by either the Legislature
or the Governor that there
is even the semblance of rebellion
against the authority of the State.
The Governor asserts that 81 in GER
tain localities" in Middle and West
Tennessee ait is entirely impossible
for the civil officers of the State to
enforce the laws thereof" because
of the assumed existence Of "lawless
bands of desperadoes." Now tho
revenue collectors go on and collect
taxes. There is no difficulty on
this point. The courts are held at
the appointed times and places, and
neither Judges, officers nor jurors
are molested. If there has ever
been an instance where the decree
of court has been resisted or an
officer INSTRUCTED in its execution,
the public has not been advised OF
the fact. There can be no rebellion
where the machinery of civil gov
eminent moves thus smOOthly-not
an obstruction, not even jar. Then
in authorising the Governor to sus-
pend the writ Of ha5eaS corpus the
Legislature overstepped its legiti-
mate power, and when the Governor
declares martial law he viii be
guilty of plain and palpable VIC
lation of the constitution his oath
of office requires him to support
and see that it be faithfully exc