Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1871-04-19

shirk the question and confer the power
on the President This cannot be done.
A power granted exclusively to one de-
partment of government cannot be dele
gated to another, (Chief Justice Marshall,
in Wayman vs. Southland A learned
and distinguished Judge in Tennessee de-
liverlng the opinion of the court in the
case of The State vs.. Armstrong g Sneed
upon this question as applied to the State
constitution, says
'.In the theory of our Government all
sovereignty is inherent in the people; the
constitution of this State so expressly de-
clares -
''There can be no such thing under the
Constitution as the devolution of power
by one department upon another, unless
by special authority of the Constitution
itself, and none such exists in reference
to the power in question. The delega-
ton of sovereign power is in itself an act
of sovereignty, and can only be made by
the constituent body in whom the origi-
nal power resides, or by its express au-
thority." ---a,
But, sir, the principle is 100 old and
well established In general law to be de-
MED. A trustee cannot delegate powers
conferred alone on him, an agent cannot
do 30 without power of substitution.
The principle is plain, and for obvious
reasons. But, sir, while such is the law,
if the President should see proper to
claim and exercise the power which the
bill awards him, il will be then too late
to talk of constitutional rights and laws.
Inter orD9a LegeS silent is a maxim the
people of this country well understand.
KU KIUx LAWS.
pass from the constitutional views to
other considerations. Mr.. Speaker have
we not the ''civil rights bin" passed in
1866, over the veto of President johnson,
in full fJrce9 Have we not law, passed
May 81, 1870, to catch and punish the
Ku-Klux9 Why not enforce that?
beg to read 1t:
''Sec. 6. And be it further enacted,
That if two or more persons shall band
or conspire together, or go in disguise
upon the public highway, or upon the
premises of another, with intent to vio-
late any provision of this act, or to injure,
Cypress, threaten or intimidate any citi-
LCu Will luiCul W DlCNCAb VI lis
free exercise and enjoyment of any right
or privilege granted or secured to him by
the Constitution or laws of the United
States, or because of his having exercised
the same, such persons shall be held
guilty of felony, and on conviction thereof
shall be fined or imprisoned, or both, at
the discretion of the court the fine not
to exceed So, 900, and the imprisonment
not to exceed ten years, and shall move
over be thereafter ineligible to and diss-
bled from holding any Office or place OF
honor, profit or trust created by the Con-
stitution or laws of the United States.
And nave we not all the laws in force
which Washington and his wise advisers
had when domestic violence and insurrec-
tons prevailed in Pennsylvania and Mas
sschusetts2 Have we not all the laws
which President Lincoln required during
the rebellionl And, still more, is there
Souther1 State TO be found which has not
upon its statute books the fiercest laws,
and which are daily given in charge to
grand juries2 1t is not law we need, and
still less martial law, which would IN
settle the peace of the land.
In the brief limits allowed me cannot
90 further into the special and constitu-
tional questions which the bill suggests.
l ask, Mr.. Speaker, who is urging this
measure of further reconstruction Who
demands at the hands of Congress a code
of criminal laws coyerina every grade of
misdemeanor and felony known in the
land? We were told when we assembled
here that the President had no cOmmuni-
cation to make US. Four times have we
voted to adjourn, and all the facts were
in existence and in print, which it is said,
make the necessity for this bill. We
passed proper measures for committee
of investigation to go South and report
upon the true condition of things. But
now, sir, our action is 10 be reversed.
We are invited to convict and hang, and
investigate hereafter.
We have heard the reports of military
commanders who investigated the South,
from the President himself when great
military captain down through all the
lesser grades, and but one account is
given, that of general peace, law, and
order; far greater than could have been
expected throughout the Southern States;
an earnest and faithful effort on the part
of her people to restore their broken for
tunes and rebuild their common country.
We have heard read the messages of ten
Governors of the eleven States lately In
rebellion, ard order and prosperity are
fast regaining their ancient supremacy.
No State through any of its legitimate
channels is asking for this measure; no
long petition, signed by outraged and OPP
pressed people, is here.
Sir, there are some ID our midst who
will never have done with the process of
| reconstruction, some who are largely re-
| sponsible for the ills which come upon US
| by their utterances and advice in the try
| ing time, and some who will never be
contented until they behold the grave OF
the South dug and its corpse let down to
the sleep that knows no waking. lhold in
my hand, Mr.. Speaker, a document fur
nished me in regard to my own beloved
Tennessee, which was never published
that am aware in any of our papers,
and which l beg leave to read and have
! printed with my remarks:
FORTY FIRST CONGRESS- OF THE UNITED
STAIRS, WASHINGTON, CRY, d. c., Feb.
15, l87O.-Hon. B. F. Butler, Chairman
| Reconstruction COmmittee:-As Repre-
| septatives from the State of Tennessee IN
the Forty-First Congress, in behalf of
| ourselves and our constituents, we sub
NIT the following propositions and earn
estly press their Immediate consideration
upon your committee:
81, We submit that the power now
controlling the State of Tennessee is
wholly illegal and revolutionary, brought
about by fraud and violence in contraven
ton of the constitution of the State as re
organized by Congress. -
go. That the present State government
Of Tennessee is wanting in the great ant
essential requisite of good government
without which peace and happiness art