Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1875-04-21

ion that the proceedings Of the p~retende'
State government, ever since 1872, ind d
support in the Constitution or laws Of tn
State. The best sentiment Of the Repub
lican press is 10 the same effect. BeforI
this general sentiment the usurping judg'
abandoned his Office in dismay, with the
alternative presented TO him Of probable
impeachment and removal by a Republi
can Congress, If he should fail TO resign,
No man, therefore, can be accused Of part
isanship who unites bis voice in the gene
raj condemnation, or who, for the sake OF
the perpetuity of free institutions threaten
ed by such measures, and certain 10 be de
stroyed by their repetition, enters his pro
test as an American citizen against them.
An act like that Of Gen. De TrObriand,
wounds our institutions in their most vital
and sensitive parts.
1. It inVades the immemorial privileges
Of the legislative body, being in direct v1O-
latioD Of its constitutional right to judge
Of the election and return Of its members.
Nothing need be added here TO what has
already been said on that score.
2. Il violates the rights Of the State BY
~encroaching upon its authority and over
throwing that department which most i'm
msdiately represents the sovereignty Of its
people. 1t is Of no consequence that the
Governor invited It. The Governor, in
acting outside his constitutional power,
was no more to be regarded than any other
individual, and ell parties to whom he ap-
pealed were bound 10 know that be vas
inviting aid in support Of u~surpation. 1t
Is precisely at this point that our institu-
tiOns are most vulnerable. The proper
boundary between National and State
powers was agreed upon aler long discus
sion, with much difficulty as the result of
q compromise, and it has been found so
satisfactory that we have willingly endured
a most destructive war in its defence. The
cost of that war has been expended in vain
if at its conclusion we propose to treat that
boundary as a shadOwy line which none
need regard. The only safety to our in
situations consists in standing by their
fundamental principles, Of which the just
division Of local and general powers is, by
the Constitution, made first and most
prominent.
3. But nothing can exceed in immediate
danger the employment Of the military to
cOerce the civil authority. Upon this sub
jet Anglo-Saxon people have always been
justly sensitive. They showed it by the
petition of right, in which Charles L. was
compelled to assent that soldiers should not
be quartered upon the subject, and that
commissions for proceeding by martial law
should be revoked. They showed it in the
declaration against a standing army in the
bill of rights, upon the basis of which was
the revolution of 1888. The peo-
pie Of Boston showed it when, in ITO, |
drove the royal soldiers out of the
town. The Federal Constitution and the
Constitution Of every State in the Union
contains provisions referable to the same
.~elLfounded jealousy. The Parliament of
Great Britain will make provision for the
government Of the army only from year TO
year, in order that at all times it may be
to parliamentary control, and that
no ambitious executive may be enabled to
it against the Constitution. Brit
sh statutes make careful provision against
he interference of soldiers in elections,
these have their origin in a belief that
ideas are, to a large extent, an
agonistic to those upon which civil govern
nent must be administered Is this be-
ief an idle prejudice? Let the case of
Louisiana answer. In that State an emil
lent military commander, upon the heels
f the late military settlement Of contest
d seats in the Legislature, and while the
were justly excited and indignant,
and seriously proposed that by act
f Congress, or proclamation Of the Presi-
lent, they should be turned over TO him
trial as outlaws by military commits
ion! Was this the proposition of one
Eho revered the Constitution and proposed
observe it? And what shall we say Of
he military Secretary Of War, who ooulu
Immediately telegraph his thorough dp-
rOUGl Of this officers cOurse? Such a
olicy would be thorough, indeed, begin
ing with the thorough destruction Of the
constitution, and ending, we know not in
That sea Of bloOdshed, or after what reign
{ anarchy. Lord Stafford once advocated
like policy Of thorough, and a long and
lOOdy civil war, ~eventuating in revolution,
Tas the result.
On a review Of the whole proceedings We
re at a loss 70 discover more than one ground
q which they can be defended. That is,
nat the State, having been conquered in
be field, its government has fallen to the
amp followers IS the booty Of wal. On
his ground, and this alone, Durell and
Trobriand may both be justified!
7. NJ. COOLEY.