The Nashville daily union. [volume] (Nashville, Tenn.) 1862-1866, 1866-04-28

I
causes and consequences Of such usurpstion
/ by legislative bodies, would almost lead US
to believe him God-inspired to give instruc-
tion Of divine wisdom to communities AID
/ nations situated az We are nov. Can any
one longer deny that the Legislature Of
Tenne'see, by injecting upon almost four
hiths Of the citizens Of that State punish
ment amounting TO the deprivation Of one
Of their most sac ed rights, for crimes Of
which they are declared TO be guilty, with
olt trial by a jury Of taeir peers, have not
only viola ei abe sixth amendment 10 the
Federal Constitution, and the sixth section
Of Article I Of the Constitution Of the State
Of Tennessee, both of which declare that
the trial b. jury shall remain inviolste, but
also the tenth section OF Article Of The
I Constitution Of the United States, which de
elares that no State shall pass
any bill Of atRinder."
Second. This bill is 10 palpable violation
Of the provision Of the Federal Constitution
which prohibitssny Stale fsom passing can
er post facto law" and also Of the eleventh
section Of Article 1 Of the Constitution Of
the State Of Tennessee, which declares all
such laws contrary to the principles Of free
i governments wherefore no es post facfo law
shall be made" What Is an er post facto
IN the sense Of the constitutional prohibit
tions just cited "An e. post facto law is
one which punishes an act committed be-
fore IL was made, in . manner it was not
| punished when committed, and this pun
ishment may be capital, or it may consist
in mere forfeiture or disability" This
would appear sufficient, but we need not
rest here.
Judge Story thus defines the kind Of laws
against which this section of the Constitu-
ton is diree.ed Ee post Jacto laws; that
is to say, lin literal sense,) laws passed
| after the act done.
The prohibition reaches every law, where
| by sn set is declared crime and made pun
ishable as such, when il was not a crime
when done or whereby the act, if crime,
is aggravated in en-rmity or punishment
or '0here5y different or less eDide,,cs as re-
CURED 70 conriet an offender AaA tolea the
act l0as committed" Story, Com. ch. %,
sec. l345.)
We haue already said that one Of the
most frequent reasons urged in advocacy
Of this measure is that it is Just punish
ment upon rebels and traitors, and there
fore We need not make any at empt to
prove position already admitted. Rebals
and trsitoss are criminals, and as crimi
nails they are entitled 10 the bened, Of
those safeguards which the trainers of
the Constitution erected for the pur-
p Sc Of securing equal and exact ius-
lice to all" The third section Of the Con
stitution Of the United States declares that
'nO person shall be convicted of treason
uuless on the testimony Of two witnesses to
the same overt act, % and in the fifth amend
ment it provides that ono person shall be
held 10 answer for a capital or otherwise
Infamous crime unless on presentment or
indictment Of q grand Jury. q
nor shall be compelled, in any criminal
case, to be witness against himself" The
eighth section, article one, Institution Of
the state Of Tennessee, says that "no free
man shall be taken or imprisoned, or dis
seized Of las freehold, liberties, or priUiieges,
but by the Judgment Of
his peers" The fourteenth section declares
that "ro free man snail be put to answer
any criminal charge but by presentment,
! indictmeot, OF impeachment" The second
section OF article four expressly declares
claws may be passed excluding from the
right Of suffrage persons who may be con
Uic,cd Of infamous crimes" The bill under
consideration abrogates entirely the right
Of trial by jury, aud the sacred right of
criminals to be heard before a constitutional
tribunal, and declares them guilty Of
most Infamous crime without presentment,
indictment, or impeachment, wi .hout 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 proceedings; not only this, but
proceeds to inhiet a punishment for this
crime, amounting to the deprivation Of
PriUilese, right, and liberty, By the exercise
Of Iohick the legislature did or should hare
come INTO Poarer for acts committed prior to
the Passsye Of This bill. Need anything
more be said TO prove that this measure con-
hicts with the Federal and State constitu-
tons, which prohibits the passage Of "blls
of attainder" or er posto tacto laws2"
Third. This act conflicts with the exercise
Of Executive clemency under the Constitu-
ton Of the United States. The Federal
Constitution empowers the President to
grant pardons for all Offences against the
United States, except in Gaze Of imp: ach-
meui, and in the proper and wise exercise
Of this prerogative, he has granted pardon
and amnesty to the large majority Of those
upon whom the punishment inflicted by
this proposed legislation will fall most
heavily. The legal effect Of these pardons
is 70 restore the parties to all the rights pos
sasssd or enjoyed by them previous to the
commission Of treason against the United
States We do not desire to enter into any
discussion Of the wisdom and sagacity dis
plsyed by the President in so doing, but we
contend that kaUiHq done SO, the Legislature
Of Tennessee has no legal right to deprive
them, by arbitrary enactment for treason
against he United States, Of any one Of the
rights 10 the t4H and free enjoyment Of t0hic6
they have been res orca by The President.
Those that claim the inverse Of this propo-
si,ion had better stop and see how rapidly
they are approaching, for different objects
1t Is true, hc hcrosy Of nullifoauou, which
was buried in bottomless depths by the
immortal JACKSON, only to rise again in this
feature Of the act Of the Tennessee Legis-
latuTe, and under begaise OF pretended 10y
J atty, is seeking 70 nuility tie actions Of the
Prtsidtat Of TIE Uaitei States, ,chick are IN
conformity and obedience to the prorisioas Of
,he Constitution; to the great asoessities Of
the hour, and to the gcaiHs and sDiyit Of our
{ rCpuAieun form Of gorcrHWeBtg
: Having demonstrated, as we believe, the
. unconsuJutiouaiity Of this so-called Fran
} chise bin, it may yet be claimed by some Of
, ats advocates that IL should become law as
D a raoahre Of policy at this time, to be re-
b pealed when the necessity for lis cout.n-
, uauce shall have passed away. When the
state is just emerging from devastating
civil war, and before the passions Of the
hour have subsidized, no one certainly can
b claim that il is wise, polite, or beneficial TO
disregard in trivial or important matters the
landmarks made by our fathers, after hav-
ing passed through the struggle, the success
Of which secured, and enabled them TO
tran NIT 90 us, the rights, privileges, and
immunities heretofore enjoyed by the CHI
sens Of the United S ates. The organic law
Of the Union aud Of The State di.tinctly
declares that our governments are founded
by the people, aud that their continuance
rests upon the will Of the people. OF the
one hundred and hny thousand persons
oousttutonaily empowered TO exercise the
elective franchise in Tennessee, fJur-fiths
viii bS disfranchised by the operations Of
this bill, shou It become Jaw. The
illiborality, injustice, AID usurpation OF
legislature which seeks to place the control
O, The STATE government IN the hands Of