Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1866-05-03

CONSTITUTION Is ulIeIsEA ~ IT posi- ltfftt
: laws: that is to say, IN a literal sense
/, laws passed after the act done.
4 The prohibition reaches every law,
whereby an act is declared crime and
: made punishable as such, when it was
! not a crime when done; or whereby the
act, il a crime, Is aggravated in enorrnity
I or punishment; or whereby different or
less evidence IS required to convict an
Z offender than when the act was commit
ted. .'-(3 Story, Com. ch. p, sec l345.l
We have already said that one Of the
most frequent reasons urged in advocacy
Of this measure Is that it Is a just punish
ment upon rebels and traitors, and there
fore we need not make any attempt to
prove position already admitted. Rebels
and traitors are criminals, and as Grim
inals they are entitled to the benefits Of
/ those safeguards which the framers Of
the constitution erected for the puT-
pose Of securing equal and exact JUS
! tiee TO ALL The third section OF the con-
| stitution Of the United States sdeelaresthat
| 20 no person shall be convicted Of treason
unless on the testimony Of two witnesses
l TO the same overt acI y and in the fifth
| amendment il provides that " no person
/ si all be held 10 answer for a capital or
| otherwise Infamous crime unless on a
presentment Of indictment Of grand
jury.
nor shall be compelled, in any criminal
/ case, TO be witness against himself"
| The eighth section, article one, cOnstitu-
ton Of the state Of Tennessee, says that
"nO free man shall be taken or impris-
Oned, or disseized Of his freehold, liber-
ties or privileges, but by the
judgment Of his peers" The fourteenth
action declares that "no free man shall
be put TO answer any criminal charge
but by presentment, Indictment, or i'm
peachment.n The second section of ar
ticle four expressly declares claws may
be passed excluding from the right of
suffrage persons who NAV be convicted
Of Infamous crimes" The bill under
consideration abrOgates entirely the right
Of trial by jury, and the sacred right of
criminals to be heard before a coustitu-
tiOnal tribunal, and declares them guilty.
of q most infamous crime without pre-
sentiment, Indictment or Impeachment, I
without the evidence of two competent
witnesses to the same overt act, and
without conviction by twelve of their
peers in the ordinary course of judicial 1
proceedings; not only this, but proceeds |
to inaict a punishment for this crime, |
amounting 70 the deprivation Of a privi- |
lege, right and liberty, by the exercise Of l
which the legislature did or should have |
come into power for acts committed prior l
TO the passage Of the bill. Need any |
thing more be said to prove that this |
measure Conflicts with the federal and |
state constitutions, which prohibits the 1
passage of Z" bills OF attainder" or - er 4
post fdctO laws"
Third. This act conflicts with the ex- /
ercise of executive clemeney under the /
constitution Of the United States. The /
federal constitution empowers the i
President TO grant pardOns for all often /
ses against the United Staaes, except in /
case Of Impeachment, and IN the proper /
and wise exercise Of this prerOgatiye, he /
ha granted pardon and amnesty to the 4
large majority Of those upon whom the /
punishment inflicted by this proposed /
legislation viii fall most heavily. The
legal effect Of these pardOns is to restore
the parties to all the rights possessed or
enjoyed by them previous to the COM
mission Of treason against the United
States, We do not desire to enter into
any discussion Of the wisdom and
sagaeity displayed by the President
in so doing, but we contend thar
having done so, the legislature
Of Tennessee has no legal right to de-
prive them, by arbitrary enactment for
treason against the United States, of any
one Of the rights to the full and free en-
joyment Of which they have been restored
by the President. Those that claim
the inverse Of this proposition had better
stop and ses how rapidly they are ap-
preaching, for different objects it is true, |
the heresy Of notification, which was
buried in bottomless depths by the i'm
mortal Jackson, only TO rise again in this
feature Of the act Of the Tennessee iegis-
lature, and under the guise Of pretended
loyalty, is seeking to nullify the actions
Of the President of the United States,
whiCh are IL conformity and obedience
to the provisions "a TIE constitution; to
the great necessities Of the hour, anu to
the genius and spirit Of our republican
form Of government
having demonstrated, as we believe,
the uBeonstitutiolSl;ty Of this so-called
franchise bill it may yet be claimed by
some OF its advocates that it should be-
come s lew as a measure Of policy at this
time, 10 De Fepssled when the necessity
for It's eOntinaanEe shsii hays passed
away. When the state is just emerging
from a devastating civil war, and before
the passions Of the hour have subsided,
no one certainly can claim thatit is wise,
polite, or beneficial 10 disrlGard in triv-
ial or important matters the landmarks
InaGa lgv our fathers, after having passed
through the s.-Uggle, the success Of
which secured, and enabhsi t4eC1 10 trans
G,itto Us, therights, privileges, and immu-
mites nEsStofore enjoyed by the citi-
zens Of the CniJed states. The organic
law of the Union and Of the state dis
tinctly declares that our governments
are founded by the people, and that their
continuance rests upon The will of the
people. OF the 1891 600 persons constitu-
tionaiiy eI1pOwered to exercise the cleo
tive franchise IN Tennessee, four-tifths
will be disfranehised by the operations Of
this bill should il become a law. The
injgstice, and usurpation Of
Legislature which seeks TO place the con-
sssnl Of the state government In the hands
Of one-6fth Of the people, deserves the
earnest and honest condemnation Of even
the few persons in the state who might
be able to rGG Unscathed the gauntlet Of
tests imposed by this act.
Il is not consistent with manhood or
hoHCV 10 enjoy a privilege at the expense !
of others OF Ogr own community and
race; but should we consent 10 do so, let
US pause and consider well the step we
are taking. That the march Of events
cannot be retarded by oppressive and
and however long il may be delayed, the
time viii come, soon or late, when the
four-ffths will resume the
exercise Of their rights in the admins
tration Of the state government. Four
hfths Of the legislature viii some day be
complete sntipOdes Of the present legis-
lature, and Let Us beware of es- fishing a
precedent Of setting an examl~ of pro-
scriptiOn and tyranny which may then
effect our own disfranchisement. The +
com mon tradition Of the inventor Of the
guillOtine having died by the stroke of
the deadly instrument be had given ,
birth TO, is not without its moral, while ,
the dark and bloody scenes Of the French I
revolution remind US with horrible dis |
Of the untold evils and dire ca
lamiues which fan upon people through /
disregard and contempt Of organic law, /
and the terrible retribution which awaits ,
all those who seek TO secure their own |
supremacy by unchecked, arbitrary and
despotic legislation, Ii
But there is yet another and insuper- / s
able objection 70 this measure becoming
8 law. ths entire machinery Of the
polls, and the persons who NAV or may ]
not present themselves 10 vote, are under
the control, unlimited control, of the
governor for tlls time being, and his own {
special appoiatees, the commissioners.
No election can be held in any county in 7
the state until the governor and COM {
missiOnsf IN and for said county shall S
determine unGeF tbs provisions Of {
this bill to order an election |
When the election Is finally or {
dered, every man In the county
Is declared 70 6s traitor and dis I
qualified 70 0exercise the elective franchise {
until be shall prove by two competent
witnesses and his own affidavit that be I
has been guilty Of none Of the disquaf-
fying acts before mentioned, few Of |
which constitute an overt act Of treason. !
Does he vote then2 No the commits !
sioner may summon conflicting testi- /
mony, and then 10 conclude this farce, {
be may determine by his own ipse dirt {
VIZ shall and who shall not vote.
Was there ever, IN our whole J
eOuntryis history, Sc cooplete and !
InexOrable a means of despoEism I
by sane men, much less adopted
" a legislature pretending to represent
the people Of state ?" But, oh,
some may exciaaas, /" in the hands Of I
wise, honest asd patriotic geEaTgor, this
VII not be used to oppress the people, J
but 70 preserve the purity Of the polls" {
Has not thai very cTgument been ever J
lssd to excuse consolidated power, and {
.an it not be ruthfully said of the most
snlimited monarchy Of our own or for {