Daily union and American. [volume] (Nashville, Tenn.) 1865-1866, 1866-02-04

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! of this judicial process, and Is therefore in
violation Of this. clanse This measure il
also IN conflict with the 7th section Of article
/ llthof the State Constitution, which declares
! that all laws must Ae equal and general
| that they must apply To All. and not 70 A
/ class; and Is in fragrant contradiction t6slhe
9Th secsion,of the list article, which declares.
l ethat all elections shali be free and eqaal. y
| for it infringes the freedona OF elections and
| denies eausfity among citizens at the ballot
! box. p ls.l n'',''as e e 20 80 =
| Nov, sir, | think thatthis summary glance
at positive provisions and prohibifions Of
the constitution will satisfy any fir mind,
| that they cannot be outwc:ghed, when esti-
1 mating cur power on this question, by the
language ef the schedule. | do not think
| that the latter endueslus with the Authority
| to make this sweeping change in the frnda-
4 mental law, even in its most liberal cen
struction; and 7 sm Of opinion. that what
ever power It does grant, refers more spe-
officially TO the creation Of new electors. than
1 the disturbance of the rights Of those now
I entitled to it And IN this connection, while
wotid not seem to raise q doubt in regard
| to, the power Of the convention which framed
4 it, or the mode and circumstances nader
| which it was ratified. for i justified them at
I the time and do so vet, it seems to me. that
1 every fair and Intelligent mind, anxious 70
discern the Just measure of authority and
sanction we possess, should let the we'll
known facts in regard to it., have due
/ weight OF course / refer to the fact that
| il was established at a time when men minds
were excited, for the echo OF cannon had
scarcely ceased 10 reverberafe through this
hall and by q convention which could not
| fully represent the whole people,. and 49,
ratified at time when that full invessiga-
tion, which such important subjects require,
could not be given - s. lsr.se7a Il !.
Mr.. Speaker, before leaving this, branch
| Of the subject, few words on the general
question Of suffrage are appropriate. I do
not think the right TO vote is naturel right
few, if any Of the rights we enjoy In soci-
ETY. are natural--they are conventional
Suffrage under this government Il a political
riqhs however--a riqhf distinguished fif a
distinction can be made) from a priuiiege.
! Under our system it is indeed right, re-
served BY and for white men Of mature age,
| when the government was established. It
was not confded to the government as q
privilege, to be given or Withdrawn at plea
sure. Such a principle Is at war with the
| underlying principle of free institutional. II
| the government claims this power, on the
| unlimited scale it Is now proposed to exer-
else il. Il would be competent for a wicked
administration 10 emasculate their eonssitu-
I ents of power, and alter the whole character
| Of the government. Il is competent by
amendment to the organic law, daily ratified
by qualified voters, to enlarge the franchise,
| or to prescribe how il may be forfeited for
cause, bat to disfranchise is indeiensible in
/ principle, and dangerous as a precedent
The right to vote is a right which every
| white American citizen, unchanged or un-
| convicted of crime, may claim by para
mount right. Under. this free constitution.
| the ballot-box is indeed the treasure-box Of
| the citizens liberties, and the bulwark of
| democratic institutions. These men whose
| rights are now under discussion, though
| criminal in their conduct, are unconvicted,
| and are relieved by pardon, of the penalties
of their offense.
And there is vet another view, sir. ID is
q cardinal principle of our institutions that
representation and taxation 60 hand in
| hand. Ii was to maintain this principle,
that our fathers resisted British tyranny,
and it is as clear and true to-day, as when
| they shed their blood to give it 20 Us. There
|. is no representation if the citizen is denied a
|. voice in choosing the representative. He
! ii excluded from participating in the conduct
Of a government, under whose laws he lives.
His property and his income is taxed, and
his substance carried TO the support Of gov
| ernment, which refuses him the right 70
assent or dissent, or to assess the amount.
Gentlemen may selfcomplacently contend
! that this, for the class referred to, is, under
| the circumstances, Just. But nothing, sir,
| is lust which cannot be justified by the prin-
ciples of right, and this action is al variance
with principle, as old as the government,
And vet again. Sir. The government has
properly required of these people renewal
| Of their allegiance, and they have given il
In solemn form. So far as I can observe
| and learn. they have testified BY their con,
duct the truth of their asseverations. Ex-
| ceptional cases have occurred, and will oc-
| cur, but speak Of them as q mass, both the
returned soldiers, and their sympathisers and
encouragers; and say, without fear Of sue
| cessful contradiction. they have yielded, and
! are paving allegiance to the government.
| Now, sir, il is fundamental principle that
allegiance and protection are reciprocal
But what IL protection under the circum-
stances? Win it be contended, that in the
case of an American citizen, it is nothing
more than the privilege Of living under the
laws, and laboring fer the government, in
these times of taxation. as for taskmaster?
that he il to be protected only in life, loco
motion. End the ownership OF his property
| Surely gentlemen do not take that narrow
view Of the subject It means much more
than that. 1t purports guarantee for the
endowment of ali the ci vii and political RIGHTS
possessed by his peers, and to deny them,
Is to break the faith of the Government, and
infraet another principle Of inestimabIs
yalueslE Is ci- s - ksaslua1- -fsaao
These are the reasons which have forced
me to the conclusion that this bill i, in no
| true and enlarged sense. in conformity with
the Constitution. and the great principles In
which that instrument was conceived. and
thew are sufficient If there were reasons of
no other kind IN determine me To oppose n
Rnt air ON other grounds I cannot con-
cnr n fbe sdont;on of this measure. "A
hitting that The power wss clear and nm
uistakahTe ;ts exercise ia ,nwise inexpe-
dent and annecessarv. and with ali dine re-
snect for the oninions AZ members mnst
sav. that have never heard one fact al
leeed or aroumept addueed. which can
;ustify its propr;efv or necessity. I know
notbino and can learn nothing from any
source1 which affords a plausible reason for
Assuming th;s ertraordinary stem. for the
NEUTRALITY-SUSPICIOUS. of a verv large maior;tv of
tbe population 4 ! most exsrasriinarv
movement, and one which should stand
upon the sorudest reasons OF necessity. Can
gentlemen point 70 any movements or