Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1871-02-18


ing extract from the private letter of a
distinguished Tennesseean now in the
city of Washington. The letter beals
date of the 14th inst:
eff you will look to the discussions
which arose on Miller's admission yester
day, you will see that Senator Carpenter
takes the ground that Johuson's procla-
nation of amnesty, which Congress at
tempted to oyerturn, relieves all parties
except those especially excepted. he
takes the ground, the true one, that the
pardoning power by the constitution is in
the breast of the President-and that no
human tribunal cen oVerturD, alter, limit
or restrain the same. You will see IN the
debate thst Sherman, Howe, Trumbull
and several others, take liberal, cOnserva-
tive views"
We are happy to see this evidence of
returning sense of right, law and justice
on the part of these prominent Repub
lican statesmen. The view of Senator
Carpenter is the view of every sound
lawyer, and such must be the judicial
opinion of any honest tribunal before
which these quas ions may be brought.
The question of disabilities" was much
considered by the members of the popu-
lar convention last July that nominated
our present bench of Supreme Court
Judges. That convention, composed as
it was of Democrats, Wings and lifelong
Union men, embraced some of the ablest
lawyers in Tennessee. II was their
opinion that neither one Of the six gentle
men then nominated and soon afterwards
elected by the unprecedented majority of
one hundred thousand votes, was obnOx-
ious to the third section of the fouIteeath
amendment of the Constitution. OF this
! opinion also were the Judges elect
themselves, together with the bar of
Tennessee generally. Three of these
gentlemen have been proceeded against
by quo agarr0,atO, and efforts are now
being made to indict them, if it be not
! already done al Knoxville, for holding
office in defiance of the fourteenth amend
ment. They have borne with quiet dig
nifty the filings and aspersions of certain
politicians, and have gone forward in the
even tenor of their way in the discharge
of their labOrious duties, conscious of
the integrity of their motives, snd conf
dent that the Supreme Court at Washing
ton will finally put at rest the SANDER
that they are violators of any public law.
1t is well known that in addition to the
general amnesty of 1866, the venerable
Chief Justice Nicholson was specially
| pardOned by the President long before
the adoption Of the fourteenth amend
meut. 1t is equally well known among
the friends of Judge Sneed that he was
indicted, arraigned and tried for the al
legged REASONABLE acts of which he is
now again accused; that upon his
trial in The Federal Court at
Memphis in 1865, and before the adoption
| of the fourteenth amendment, he pleaded
The general amnesty ofthe President, and
upon ihlt plea, under the charge of an
enlightened United States Judge, he was
acquitted and discharged by the jury. As
to Judge Nelson, we scarcely know upon
what grounds his political enemies have
! proceeded. Those of US who were identi-
fed with the people of The South in thelate
civil war, have occasion to know that to his
great Ilhlcncc in East Tennessee, the Gov
eTnmeHt of the United States is much in
dcb;ed, for the substantial fact, that this
State did not present q solid front for the
South. He is 3 lifelong Union man, aud
was q Union man when it was porilOus to
be one, and when some Of his most bla-
taut prosecutors were preaching secession
and revolution to the people. His offence
seems 10 be that when he saw, during he
war, that its avowed purposes, IS
declared in the CIirtcnden resolution,
were about 10 be perverted TO the destruc-
! GUl Hl southern mSltuilOL5 by winch
the Union man and sccessiOnist would
beth be brought down to bankruptcy and
ruin, he issued brave and manly pro
test against it. This was bis treason.
While it is a public annoyance to our
people that three trusted citizens of
known Conservative views, temperate in
opinions, of unsulliCd character, and ele-
v.tud to the highest dignity Of the State
| by an extraordinary EXPRESSION of the
popular will, should thus be pursued,
yet il is a happiness to chronicle the fact
that their innocence is being vindicated
on the floor Of the National Senate, even
by their political opponents.