Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1870-08-10
a.mERE RUmOR.

Nashville that Gov. Senter viii refuse 10
commission Judge Nicholson and Gen.
5need, because of alleged disabilities
under the fourteenth amendment of the
Constitution.
I'VE venture TO say that this ''reliable
report is a mere rumor originated by |
some discontinued Individual with whom
the wish is father to the thought. In the
first place Gov. Senter has not been in the
city for several weeks until yesterday
afternoon. In the next place he is sui
ficiently acquainted with the duties and
obligations of his Office to know that he
has no more right to determine upon the
qualifications of a person elected TO office
than any other citizen. The Constitution
of the State declares that:
"No person who denies the being OF
God, or future state of rewards and
punishments, shall hold any Office in the
civil department of this State"
Suppose a Governor should undertake
to determine, from his personal knowl-
edge, or from the information of others,
that person elected Judge denied fu-
ture state of rewards and punishments,
and thereupon he should refuse that per
son commission Would not the entire
State insist that such Governor was I'M
dertaking to exercise the functions Of the
judiciary, that he ought to be compelled
by naG.adanauS to issue the commission,
and that then he ought to be impeached
for malfeasance in office
The Constitution declares that "The
power of the Government shall be divided
into three distinct departments the
Legislative, Executive and Judicial" that
'the Supreme EGecutiUe power of this
State shall be vested in Governor" that
''the Judicial power of this State shall
be vested in one Supreme Court, J" and In
certain other specified courts and officers.
| 1t will thus be seen that the Executive
/ DONCl, hUlCu NCcICu III luO OO1NAANA, ~
distinct from the judicial power, which
is vested in the courts. Whether Judge
Nicholson or Gen. Sneed is under disa-
bilities and subject to indictments and
| punishment under the reinforcement act
| of Congress, is a question which, If
| raised, must be determined by the courts.
No Judge would dare to say in the event OF
their arraignment before him that they
were under disabilities without first hav-
ing proof and argument, and even then
he would have TO submit the question to a
| jury for their consideration and determi-
nation. Much less can Governor I'M
dertake to decide upon the guilt of a
party against whom there is not even an
indictment. One of the many eloquent
passages in Mr.. Erskine's speeches may,
by parity of reasoning, show how mon
strous would be such a doctrine.
In his defence of Tom Paine, when indie
ted for publishing the second part of his
'Rights of Man," Mr.. Erskine said, in
reply to the very severe structures Of the
populace on him for defending such a
man in such case:
From the moment that any advocate
can be permitted to say that he will, or
| will not, stand between the Crown and
the subject arraigned in the court where
he daily sits to practice, from that mo-
ment the liberties of England are at an
| end. If the advocate refuses to defend,
4 from what he may think of the charge or
| of the defense, he assumes the character
| of the judge; aye, he assumes it before
| the hour of judgment and, in proper
] ton to his rank and reputation, puts the
heavy influence of perhaps a mistaken
opinion into the scale against the accused,
| in whose favor the benevolent principle
of English law makes all presumptuous,
and which commands the very judge to
be his counsel.
How much more subversive of the lib
critics of the people would it be for the
Governor of a State to undertake to do
that which Mr.. Erskine so eloquently
and tIuthfully denies to mere advocate.
The Governor cannot assume the charac-
ter of Judge; most assuredly not ''be-
fore the hour of judgment" and thus
''throw the heavy influence of perhaps a
mistaken opinion into the scale against
the accused, in aoho8e .faUOr the benevo-
lent principle of the law makes aHpre-
symptoms, and which commands the
very Judge to be his counsel"
We have said this much to correct
some of the very vague and erroneous
ideas of constitution and law which the
bare existence of such q rumor shows to
be in the popular mind.