Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1874-03-03
THIRTEEN YEARS OF PARTISAN
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the IrueSJ anu DSSb DCnOS1a1OJ OeAA-1 ~-AS
in the country, deals the party in pow
er, and one of its most telling articles
is a review Of the partisan legislation
in Congress during the past thirteen
wears. Divisions in the Democratic
party, mainly occasioned by struggles
for the Presidency" says the Argus
drought Mr.. Lincoln into power on
the 4th of March, 1861, since which |
the legislation of Congress has been
almost entirely partisan, and designed
to sustain the interests of the Repub1-
can party, regardless of the interests
and wishes of the people. Over one
hundred unconstitutional provisions OF
law have since been enacted, and most
of them intended to circumscribe and
diminish Individual rights and those OF
the respective States, and to enlarge
the power, authority and patronage OF
the general government. The desks OF
members of Congress are now loaded
with projects of the same character
having like objects in view. The au-
thority conferred upon the President,
and even subordinate military officers,
to suspend, at pleasure, the writ OF
habeas corpus, when Congress alone
was authorized to do it, led the way.
Authorizing military commissioner try'
convict and punish civilians, not in the
military service, instead of the Judicial
~, who had sole jurisdiction, may be
cited as inteded to repress the freedom
of speech and punish those who didnot
approve of all that was done by Con-
gress. andthe President and his agents.
The laws for killing the State Banks
taxing them to death-and establish
ing the new system and becoming Sc
curity for the redemption of their bills,
and not requiring them ever to redeem
them in constitutional currency, were
not authorized by the constitution, but
were intended to secure the concerted
action of the whole moneyed power Of
the country to aid those eontriying and
enacting them in their political enter
prises. The unauthorized law making
government promises to pay-green-
backs-when they could not be en-
forced by law, formed a part
of the same scheme. The pro-
visions. for reversing the action of
the Supreme Court when it had de-
cided them not legal tender, by en-
larging the Court so as to secure a ma
iority to reverse it, is natural supple
ment to the original wrong. The in
Vulnerable laws to keep the Southern
States out of the Union and to secure
party ascendency there and in Congress,
belong to the same class. Those enact
ed to strip the State Judicial tribunals
of their rightful jurisdiction over hti-
CATION within their limits, and confer
ring it upon the partisan. and yielding
Federal Courts, are mostly without
constitutional authority, and are all de-
signed to secure partisan advantages.
The enactment of laws authorizing
corporations to carry on business In the
respective States without their consent,
TO construct railroads through them,
have warrant IN the Constitution,
however serviceable they may be for
partisan purposes. The large number
of laws granting subsidies for
rail and other roads, to steamship
and other companies; the giving
preference to the second
mortgage on the Union Pacific Rail
road over that Of the government
which was prior and equitable as well
as legal, for many millions; the lend,
ing the credit of the government to
that road to furnish moneytO construct
it and ELL the pockets of the wire pull
ers, were all unconstitutional enact.
ments, though they !aided to large
extent the partisans of the Administra'
ton in becoming rich and securing pO-
litical power. The laws authorizing
federal bayonets to menace the voters
at State elections, and officials of the
government to arrest and lmprlsOn
them at Will, are utilities and were en-
acted for partisan purposes. The law
authorizing the seizure of private
books and papers in the pursuit of evi-
dence to sustain accusations of crime
or violation of law, as now prac-
ticed, while it may aid in filing the
pockets of partisans and increase their
ability to contribute money to carry
elections, is In fat violation of dis
tinct provision Of the constitution.
The act aboishing the former Circuit
Court in the District of Columbia, be-
cause the Judges were, though able and
good men, not Republicans, and the
creation of the local Supreme Court.
which was filed with Republicans.
some Of them furious and neither spe.
cially able or learned, and none of them
acquainted with the law of the district
had only pure partisan object in view
This court has emphatically accom-
| plished the purpose intended. 1t i:
both subservient to the party which
created it, and bends, when required
to sustain the executive and his instru
ments manning the district govern
ment. When Congress authorized {
, tenth Judge on the United States Su
preme Court bench, it was to add &
Republican to its numbers. When va
cancies occurred by deaths and resig
nations, Congress insisted that no ap
pointment should be made until tn,
number should be reduced to six. This
was to prevent President Johnson ap
pointing Democrats to fill the va