Washington telegraph., 1865-07-12
rErnm tie Memnhis Rnllefin

have shown that III txnrfs as a penalty the dis
| franchisement OF persons for an offence which
was not criminal At the time it was commitfed,
| and thus sets at naught the political principles
1 wilich rndrrlic republican Institutions
The principles iuv olved ia tliis singular -gisla-
lion cannot be too long or too forcby dwei
| upon and hence we make no apology for recur-
ring to the subject, as We have opportunity aud
space.
1 The right Of suffrage" a. an exhaustive
wyiter on this subject truly says, lis the most
| sacred aud precious right Of a freeman. ] i
not mere privilege ~ be given and withd avn
| by the State but sacred personal right, like
| the most valu d franchises the title 10 the
| dearest possessions h..dged in and secured by
all the safeguards and sanctions Of law. Once
4 Guaranteed by the State nation ii can never
i b forfeited, except through the Impartial anu
cautious proceedings Of the civil courts, Leg
| islaiur,s aud conventions can no more rob tia,
ci,iz-n Of his right to vote by any other Mas
urcs than they take from him property,
| liberty or life. The pIssionless forms and the
| prrsumpions of law made 10 stand between
| the individual and the rage OF caprice Of thf.
party in power, and when they ar swept away
| ne i at the mercy of every hIul gu't of pppu-
| lar excitement. Every man il entitled to the
presumption Of innocenes until proved to be
| guilty Nothing bnt gal conviction iak.-s
| away the rights Of th. citizen for the N IS;
| haVrant criIn--. The frion vino comn nar-
lr or arson only loses his rights ciIiz after
/ tfial after conviction aud after srntrnct and
| is entitled to all the pr.sumpfions OF innocence
| But this cAd- revrrs's the presumpiJns Of llw
! aud holds him guilty. till Ia. proves his innC-
c,.rce Or works oUt his pr bliioi through inlri-
clcies which may or may not amount TO ahso-
] lutr prohibition. only rs men may be Influenced
| or not by caprice. --
Another most dangerous fainre Of the I'LL
! H. that II rnacts retroSptc Ire tasc. No one
can fail 10 srr the monslrvus I'M ustice " visit
H. l.t. 81.
wnrn committed, bad never been declared to be
| Grim s.. The law inaiicts the penal Is upon ils
| violation, Or in th- law does not consist
| III moral turPiyud-, bur IN disobedieRee of The
| stGtHte. Otherwise tile law might be cOnyer.ed
| from an instrument Of justice 10 a weapon o
vengeance, aud the law and its penalty might
g. created in hour to meet any given case.
| This very evil has cast a tlack and damnng
stain upon the code Of Great Britain in past
ag -s, anil was Esp cially guarded aganst by the
fathers of the National an State Constitutions.
in tho claus-s which forbid the passage OF ah
er p,St factO law. But the act which disiran-
| His pei who have adhered to lie enc
| mics OF the gUvrrnm lit by drcf or word i'll
/ hcts its pen tlti,-s upon that which has never
| ,r,n constituted a crime. Disloyal language IL
| not trtas,n in the eyes Of the law, tor TREASON
must consist in the Overi act This is prin-
| ciple Of national Jurisprudence, upon which
ihr- is hardly dispute, nor can mere word.
constitute any other crime known to the statute.
Perhaps the most s,.TIpuS Of alarm in
reference to this p opposed act is TIA il may
readily brc2m. precedent for prescription on
account OF thr HttrTancr nf political sentiments
obnoxious TO the plrty in power. Why wil il
hr improper. on tI'is principle, ~ shut cut from
the polls all m,n who at any iimH have uttered
opinions adverse 10 the Administration ia
power The excif m-nt and anImositits Of the
past make il not improbable that prrioj might
| arise when such heroic treatment would D=
| thought good medicine for State. But the
integrity of free institutions is like th,. virtue
| Ot Nom-n; once undOne, il Is apt to he lost for
ev Ii this pl In VI prescribing ml-n Tor y i al
opinions j. oIc.- adopird, whore will Il l-iI usl
The par, ,isdns of Ibis instTumriit arc ready
with very plausible excuses For example Il
il urged that fh- p. Ople NJ a state have fight
| under the American Cons lIHtiun, to u. t,rmine
| who shall and who shall not vote AT State .lrc-
ions Thas they may exclude aliens and
minors and panp-s sni persons without thr
rrIdim MS ut education, II n the polls Or suf-
frage may BE- wi.hhrld from Indians aud negroes
| But a lit IN Trf ctiOn will show how utterly
| hrsc examples tail io apply ~ This case. The
distinction j. wiGe A. ihr poirs. Tna which
! mdk.s tn Ii,iIt ol sufit age sacred franrhiS'.
i the fact tlat il IL rig X Nyt sn il III u; b..
right ike tlIt 10 lie lib rty aud TIE pursuit NJ
happiness. but a right given 10 the cifiz.r hv
| the law Of the land OF iniinemorial prescription
! a man IS hv j. not q citizen cs.nnot claim what
does not belong ~ a.-l. Egf whrn once w
gllly in pAss sSiou M Ais N ir ~ u.tztug hiD
Conventions and i.rs,a-urrs have r0 more
light 70 deprive L;hi ui ID than 10 rob him of
hs hearth>tpnr. II these eases are similar.
t.rn ii is 'qually wrong to withhold . valuable
urorpor"aI h-rrli aIn-nt from An individual
who has claim thereto aud 10 take from him
1 irauchisr which br'onEs IL him by contract
" prescription. The QUE i q matter OF discre-
tign. and may b. given or withheld at pleasure.
The other ], nothing more or less than Obb-ry.
The Czar of Russia may have th. riqht 10 r.
fuse IA, franciise ~ lis peasartry bn ,rhai
Holafoh ieortd dare 10 reduce TO thc condition Of
sorts q miiuH Of frsemca2
Again, the friends OF the b ii argue that il is
not peH0f code designed to create crime and
Us Punishment. but merely devised AS "A slt.--
guard 70 the ballet-hox. like the law iilat for
bids minors OF aliens 10 vote.
Admit this theory, aud what ;s the loci al
inference If disloyal language i not pu !
ishrd rs a crime. then diSjTanrhised
SIMPLY fer the oppression Of political opinions
II the citizen cannot be disiranrhis-d Tor tho
worst crime without due trial and conyi.tion.
with teiat ShoIc OF Justice he forfeit lis righ,
Of suffrage for ne uneraRee Of an opinion ,saich
ts n0f treated as a GTiHae al all This reason.
ing, when pushed to iis legitimate con lusion
destroys itself ..
But thu all-potent plea for the passage of The
Till. and ih- only honest and genuine plea i
that oI potdioat Rrccssuy There may be ne
cessiiy 20 imninrnt aud ovtrpowaling as to
justify the Abandonment of civil institutions
Arisiocracy or monarchy in any form are TO br
preferred 10 anarchy or perpetual chaotic civil
strife. kingly government may be better
than Mexican or south .imrrican R-public
But is i possible that Inc people Of Tennessee
hare come TO sHoh pass as TO Be compiled 10
comnsa an outrage upon the principles Of ei, Il
| fsJcFfg an order 10 the State n n We are
forced TO this extremity in this border State.
| which has furnished fs scores of thousands 10
tile army Of the nation, similar plan mus, bs
adopted in all the Southern Statrs, whrr,. not
on" man in hundred will b. permitted 10 vote
Is there no danger that such L,roiv remedies
NAV kill the pali-ntl How long will It be ne.
crssary to continue this rceim,n' Are m~n
, who have been disiranclised by this means
likely to be- rendered more p-accabls and Law.
. abiding citizens. or more iTi.'ndly to the gov
-r m-nf7 IL a PARTY once inircnrhed securrl,
in power likely 10 becoma tenacious of il,
power ODre possessed Of the honofs ana
/. rmolumpEts OF office, is il iu accordance will
the past history OF this country that the p1rty
in ascendant is likely to pass acts which vii
render its hold less secure upon the spells Of III
Statel Such policy may be- adopted. ls likely
On the oiher hand, il it in the rang. Of nors
possihiiis that the people Of tile dfslova
States, after desperate and disastrous strarsl,
of four years. and with its awful memories an
Il