Green-Mountain freeman. [volume] (Montpelier, Vt.) 1844-1884, 1865-06-27
The difficulties of Reconstruction.

we give elhtWbeTe an t1HtCl HOn Tue melh'
phis Bulittia, which shows one Of the issues which
is to be made in Tennessee sgalDst all efforts to
diafranchise those engaged in rebellion. Several
days ago we published an abstract OF the bill
which passed both houses Of the Tennessee legls-
ature, and which attempts to disfranchise certain
person, who have aided treason. The act was
hardly passed, however, when the consitutionali1y
of it was drawn in question: and the same num-
Der of the Buiisiia from whish we make the e1-
tract contains an elaborate opinion OF two lawyers
Of Memphis, declaring that the legislature had
no constitutional right to make such law.
The argument Is apparently plausible one, and
suggests tificute, in the way Of Acknowledgement
Of the voters 10 any State because they have been
engaged il treason against the United States,
which are very frcibe.
The points made in this opinion are these
/. BY the constitution of Tennessee no person
can be excluded from the right Of suffrage because
of any crime, until he has been convicted Of that
crime.
q That it is not competent for the people oil
Tennessee, either by constitutional amendment
or by statutory enactment, TO dislfanchlse mel
for any crime slready committed, as such an at
tempt would be in violation Of the constitution Of
the United States which declares that no er post
f1ctO law shall BE- enacted.
Z That mn parso, IN ha yunisbed crime
until he has been tie and convicted by Jury Of
bis peers aud that lsiranchisement-whlch is =
puni,hment-by legislative enactment or const'
tutlonaI provison.s therefore unconstitutional
a. That the people Of Tennessee who have been
in rebellion against the Federal Government have
violated no law of Tennessee, and cannot there
fore be punished in any way by the State the,
being amenable for that offsnss to the Fedora
Government alone.
o her points, which arise out of particular pro
visions Of the Tennessee Constitution and laws
we omit. Every lawyer will see, however, from
the otj,c ions which are stated. that the oplnlor
has some foundation TO stand upon, and that the
legal difficulties suggested by the Memphis law
yers in the way Of DISTINGUISHING traitors, may
make no little trouble hereafter. We have nc
time to discuss them OF any length to-day, but VT
invite the attention 10 them Of all who mag
that reconstruction is going to be an easy matter
and that The loyal men Of the southern states art
TO have no trouble in taking and maintaining os-
session OF their State Governments.
And 10 our minds the legal controversy which
i, Just com nsociug 10 Tennessee which
will undoubtedly be repeated in Missouri over the
new cons tuition just adopted in thst State, ana
will have its counterpart in every rebelhous sale
lis one Of the strongest arguments against the
refusal to give suifIag to the negroes. If nei-
Their the Federal nor the State Governments have
any right to disirauchse any rebels except suob
as have been tried and convicted Of crime by a
jury Of th'ir peers, the traitor. will be a large
m jority of he white voters OF every recovered
State, and will take the government into their
own hands. 1t needs the loyal blacks Of these
States to destroy al the ballot box the influence
Of these unconvictei raors-vho will not hest
tate to take all the osths re,uired-and, when it
ia too late, such men as Gov Holden,Guv Sharksy
and Gov BrosoIow may nee the folly and crmi.
nsl blund If refusing 10 swell their ranks at the
bllIJt box by black recruits, as the nation after
repeated failures, saw the crime Of refusing to
allow the negroes to take The bayctet in dsfens,
Of their country aud ours. The national mistake
vas corrected in season to save the C unity but
We fear the second kindred blunder ia destined to
pass beyond The reach OF the Fed ra government,
and entail dlsoor , 'triie, aud angry n'roversy
for generation aud may only, at las be ,ic,eo
by fresh shedding VI blood.