Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1872-10-29

4 CA&So6a
L ny far too great to undertake. to giSe
their names here.
Col 0olyar replied TO thla BIZ showine
snas wnen Mn. SuErstt was hung Washing
ION was military camp; that the writ Of
.s4oedS corpus was suspended, it having
osen done under an act OF Congress by
Mr. Lincoln; that the Government must
always decide when Warrensls. snda that
twas several months after this before the
war ended, by a decision Of the Govern
ment, and that Mr. johnson acted upon
the opinion Of the law officers of the Gov
eminent in c6nvening the court, He also
commended that johnson had a right, as a
war measure, 10 make and collect the as
seesments referred to, that the right of iu-5
pressment for war purposes, was well set
tied as a principle of the laws of var, and
that the Military Board, Of which / was 3
member, had done the Same thing by check
ing upon the Bank Of TENNESSEE, in 1881.
for certain funds, which Col. Colyar was
pleased to cab the ehfldren's school fund.
and by subsequently, requiring the Union
ana Planters Banks to pay five hundred
i Thousand dollars each; that If it was wrong
10 johnson 1t was equally wrong In me,
IL answer to this, said that had ex-
pected, at the hands Of Col. Colyar, q frank,
truthful, and manly answer to the constitu.
tlonal questions that had presented in the
argument; but regretted the necessity of
| saying that l had obtained neither.
That Colonel Colyar knew, or ought In
know, be was half so good a LAWYER AZ
the world gave him credit for being. that
the sds = 'tslS s1l EIit : - 'D&s
SUPREME COURT OF THE UNITED STA TIES
had solemnly decided that the writ of ha-
Deas corpus could not be suspended except
In case OF actual, not constructive, rebellion
or tnoaSSon, and that the existence of &c.
tuGt rebellion or invasion was not of itself
sufnclent, but u must appear that by reason |
Of such rebellion or inudSion arHE PUBLIC
SAFETY REQUIRED THE sUsPENsIoS.n
In the Surrstt case Andrew johnson sus.
pended the writ Of habeas corpus ,ohen |
tIlere tOGs no rebetlion-1ao inpasion. There |
was not an armed man in hostility to the |
government within the limits of the United |
STATES, and at time when no sane man /
could have believed that the public safety |
would have been endangered by allowing
tne poor old woman judicial investiga- /
tlon, IN order that it might have been de-
termlned whether she had been legally and |
constitutionally convicted of crime. or was
about TO be murdered BY military force, in
defiance of that part Of the oonstitntion
which was inserted by our fathers for the
protection Of the life and liberty of the cit
izen. - Nv
That Colonel Colyar knew well. or ouoht
to know, that in number of cases decided
by the Supreme Court of the United States
II has been long settled that, even when
the writ OF habeas corpus has been right
iuHy and consututionally suspended. a cit
lien not IN the actual military or naval
service OF the United States cannot be held
to answer any go r-s.- ---s- 80. =
CHARGE OF CRIME
before Military Commissioner OF Court
MARTIAL, and settled by the same autbor-
lily, that the constitution Is as much the su-
preme law OF the land to all officers and
citizens, in time of war, as In time ofpeace
and if citizen be held 10 answer a charge
OF crime, in time of war or peace. n rn,Ist |
De oy pTesentngert or indictment of GRAND
Jury, and aohen such Indictment has been
preferred, the accused must be tried b1, nm
impartial jury Of the country.
p But Col. Colyar does not see uroper Tn
even attempt to answer this part of the ar
gument. 1t suits his purposes best to dodge
IL, because he knows that Andrew john
son, at whose shrine he delights to worship.
has Willtully and deliberately violated each I
Of those sections of the constitution, and by
their violation has wantonly sacrificed the
life OF an innocent old woman. II
But he says that Mr.. johnson consnlted T
ne Attorney General as to the meaning of !
'he sections of the constitution that / have 4
quoted. The language Is so plain that an !
dlot could not doubt as to their meaning. !
out II Johnson needed advice upon that
'uo)ect, Chief Justice fancy, of the Su. .
IRENE Court had decided The same ques- :
.s6I. wv - AA'In0re' III I
This dodge won't do. If be was ipno Ii
ant Of the requirements of the constitn
ion, he is Incompetent. If be knowingly u
lolated them, he is unworthy public conf. /!
ence or trust. Take either horn of the u
llemma, and he is impaled upon il, to the G
rebGke and condemnation of an q
outraged people. 80 q
Col' Colyar does not attempt to Justify or y
xcuse his violation Of the constitution by 8
ne arbitrary arrest and Imprisonment In !,
1enltentlary with murderers. thieves and y
ob6ers, of decrepit old men and ministers "
i the gospel, but claims that he was justi- =
led In assessing citizens and enforcing chi. p
ections at the point of the bayonet, by the IL
AVIS OF war, asserting that by virtue Of his o.
Military character he had the right to i'm p
ress property for war purposes. admit 10
hat the lIs al
COMMANDER OF AN ARMY III
as right, under the laws of war, to i'm re
ress property for war purposes. But what o.
Tmy did Andrew johnson ever command? u
WAT troops did he ever have to pro vide
u. de was General, admit, but a o.
General who kept himself in bomb proof Ia
osition hundred or more miles in rear OF
the line Of battle-a General who m
this hour has never heard the u
hlstle OF minnie ball or the "
langor of arms in battle-a Cen w
raj whose only victories have been over pr
ecreplt Old men and defenseless women 81
nd children. But Andrew johnson does IA
OIL pretend he impressed the money in y
oeslon Tor war purposes. For in his W
Isiiatin speech ne boastingly asserted that y
: Gio assess some OF the rich men about ~
asn'Iie 10 raise money to support the ~
ives aud children of absent Confaderate Sc
,ldlers. Ii this was true, it was not a leg II
lIhate war purpose; but have never vet ma
card ola single Confederate family which M
as the recipient of any part of the fund so oe
Used, though their names have been fire. SC
lently called for through the pre- IS. Sc
But Col. Colyar says thatI as amember re-
the i'd
MILITARY BOARD OF 1851, -,
the same thing, and artfuHY attempts n,
create in the public mind a degree of A.
ejudice against me, by saying that it was "a
e chldren's sacred school fund that the co 1
ilitary board checked upon. 4. u. 80
While official conduct, right or wrong. ~ ~,
IS nothing to do with the issues of this az az
nvass, am more than willing that it ", ~.
ould be subjected to the strictest scru- t ~,
~, feeling as l do, abundantly able to !; ~
Indicate each and every official act Of nv ~;
What are the facts with regard to the q
oney checked out Of the Bank Of Tennes- B,
g by the military board? Col. Colyar
ows, but suppresses the fact, that, on the AS
lth of May, 1861, the Legislature passed col
act requiring the Governor of the State cat
raise, organize and equip a provisional GO
&c of volunteers for the defense of the ing
ate, to consist of fifty-fve tho usand paC
IN. The ninth section of said act appro. POI
lated for