Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1870-12-04


lswsof this class do not speak; for with
that question you have nothing to do.
Questions respecting the force and effect
of these enactments may perhaps be raised
and at q proper time will be carefully
considered by the court and conscien-
tiously decided; but for your action the
plain words of the law must be your
guide. BY virtue of the twenty second
section OF the act you may consider the
laws of the State which determine the
duties OF officers of election, at which
Representative in Congress shall be voted
for. You may therefore be required to
examine into the method in which officers
of election discharge their proper scope
OF the statute. In addition to the State
officers, who are charged with certain
duties, any neglect of duty on their part
should also be inquired into. You will
find provisions calculated to protect these
officers from molestatlon IN the discharge
of their duties. Every person is liable 10
Indictment by you, who shall aid, coun-
sci, procure or advise any person, voter or
officer, to do any act which is by this
statute made crime, or to omit any duty,
the omission of (Which is by act made
crime. would not, gentlemen, insult
your intelligence by along attempt to con-
vince you of the importance of the stat
utes which | have committed into your
charge Some of them are necessary to
the proper working of the machinery of
government; some of them iniispens-
able for the maintenance of the public
credit; some of them touch the very foun-
dalion of free government They are
framed to protect rights which must be
protected If the government is to endure.
They apply to all citizens alike. They
raise no question of party or of party
politics, for they involve a question vital
TO ali parties alike. The question ia not
one of party, but of civil liberty. To
aid, according to law, in the protection of
such great interests, you are now called.
Dismiss all partisan feelings from your
minds and in your deliberations give no
sort of heed TO private interests or to po-
litiCal exigencies. Be considerate, eau
tious and impartial. Be fearless witbal,
ard let the result of your labors be such
as to constitute new and favorable an
nOVucement to tits community of the
solemn statement that its welfare ami its
peace g pends upon an impartial and firm
enforcement of the laws
The law, as well as the general policy
recommended in this able charge, cor
dially recommend TO you.
There is one more subjecs ID which I
deem it duty 10 call your attention.
The Subsection to the Fourteenth Amend
ment TO the Constitution is as follows:
mo person shall be q Senator or Repre-
sentative in Congress, or Elector of Presi-
deut and Vice President, OF hold any
Office, civil or military, under the United
States, or under any SlatA, who, having
previously taken an oath as member of
Cong. IS, or as an officer of the United
States, or as member of any State Legis-
lature, or as an executive or judicial Off
Ger of any State, to support the Constitu-
ton of the United States, shall have en-
gagged in instruction or rebellion against
tue same, or given aid and comfort to the
enemies Thereof; but Congress may by
a vote of two-thirds of each house, fe-
move such disability"
The 18th section of the Act OF 1870,
to enforce this Constitutional provision
reads:
''Sec. Is. And be il further enacted.
That any person whO shall hereafter
Knowingly accept or hold any Office under
the United States, or any State,Bto which
he is ineligible under the third section of
the fourteenth article of amendment of
the Constitution of the United States, or
who shall attempt to hold or exercise the
duties Of any such office, shall be deemed
guilty of a misdemeanOr against the
United States, and upon conviction there
ofsbefore the Circuit or District Court of
the United States, shall be imprisoned not
more than one year, or fined not exceed
ing one thousand dollars, or both, at the
discretion of the court.
Although tie construction of this Sec
ton of the constitution will be given to
you urQualifiedly and without the express
sion of any doubt, it will of course be I'M
derst cd that every opinion now expressed
will be open for reconsideration in the
numerous cases now pending, and which
are 50 Soon to be argued before me. You
will have no concern with these doubts,
ifanysexist, and this remark is made only
that others who are interested in the ulti-
mate decision of the questions involved
may know there has been no prejudgment
without fun argument and consideration
The section subjects several classes of
officers, State and National, TO its provis-
ions. Without perplexfng you with diff
cult classifications or nice distinctions be
tween political, judicial or executive Off
GERS, I charge you that it includes all Off
GERS. After some reflection, can think
of more which do not come within the
description If the amendment
If, therefore, any officer, guilty of
these Offenses, shall accept any office, he
is an offender
The amendment and law apply to Of.
fenses committed before, as well as after
the adoption of the one and the passage
of the other. There has been much, and
will undoubtedly be more discussion Of
this question, but you will, without any
hesitation, literally apply these provis-
ions.
The oath which shall have been taken
need not be in the precise words of the
amendment: ''To support he Constitu-
ton of the Emitted States" That instru-
rent, Art 6, Sec. 3, provides that al
officers, executive and Judicial, both Of
the States and the United States, shall be
sworn to support the Constitution of the
latter. Under this provision there have
been slight differences in The forms OF
these oatns, but all are conceded to COM
ply whit when substantially, though not
L.crally, they include an obl CATION 10
the Fedora. power. You will rake 70
criticism, therefore, of this kind, but as
sumo that all oaths are sufficient where
lhe officer has been sworn into Office in
the usual form adopted in this Stat.
That we are to administer the las, heE
ever repugnant it may be to our own feel
ings or 0pini ms, has been so often said
that there is not much which is impressive
in its repetition. l. is no new form of
conventional courtesy between the bauCh
and Jury, when I say have full conf
dence that you will fearlessly present ,ery
man who is proven to have disregaTied
the Constitution aud laws by accepting
any office in violation of their provisions.
And when | add few words more in
this direction, l wish frankly to admit
that | deem it unnecessary fer you, and
that ! employ the occasion to present
what. looking to the difficult duties We all
haze to perform, think it better % say.
In doing so | cannot we'll omit giving it,
formally at least, as reasons why you
should do Your duty.
Let me suppose some of you violently
opposed TO the provisions of the third seq
ton of the fourteenth amendment. OPP
posed to continuing the disabilities of
those Leading men, whom you believe
best qualified to fill the judicial and ex-
ecurive flee of your State. That you
desire, at the earliest moment possible, to
secure a public law which viii restore the
f.auchjse of all, and remove every ocCa-
sion for the repetition of our unpleasant
duties. What more efficient action TO
promote such a result could you take