The Nashville daily union. [volume] (Nashville, Tenn.) 1862-1866, 1866-04-28
To THE PEOPLE OF TEN
NECGEE

relatious between your State and the Cen
ersi Government, we in Friendship address
you, and invite your attention 70 the calm
consideration Of the bill which has passed
the House Of Representative, hnd is now
before the Senate, Of the State ofTenuessee.
with strong probabilities Of its passage, en-
titled " An act 10 alter and amend an act
to limit the elective franchise, passed Jure
;, 1865"
The frat section Of this bill provides for
the Acknowledgement Of all citizens, other
wise qualified, who have voluntarily borne
arms Tor, or given other assistance to,
sought accepted or exercised tbe func.ions
Of Office under, or yielded voluntary sup
port 10 the "so-called Confederate States Of
America, or any insurrectionarys Stale what
ever, hostile or opposed 10 tie authority Of
the United States Government"
The second section provides for the ap-
p3iutmeat By the Governor Of connie
sioner in every county in the State, whose
duty it is 10 enforce this act, 70 determine
who are entitled to vote, and 10 issue certif-
Gates Of qualification and fixes the com
pensetion Of said commissioner at from two
10 Eve hundred dollars.
The third section requires all persons
claiming the right TO exercise the elective
franchise to prove by two witnesses, who
must themselves be entitled 70 vote under
this law, that they have been guilty Of none
Of the disqualifying acts, before they shall
receive the certificate Of the commissioner,
ian eppointes Of the GoUeraor,) without
which they cannot vote.
The foarth sseiion requires, in addition to
the evidence Of the two 4 ON petent witnesses,
an oath as follows, TO be taken by the per-
son claiming the privilege Of the elective
franchise bsfre being permitted 70 exer-
else the right claimed:
4 solemnly swear i0r affirm that have
never Voluntarily borne arms against the
/ United States Government, with an intent TO
aid and fol ward the late rebellion; that /
have never Voluntarily given aid, com .ort,
| eountenRnce, counsel, or encouragement TO
any rebellion against the authority thereof,
| or aided, eountenaneed, or encouraged acts
Of host Ii y thereto that have never
sought or accepted any office, civil or mill
! tary, or attempted to exercise the func-
lious Of any Office whstever under the
authority or pretended authority Of the
social ed Confederate States Of America,
or Of any insurrectionary State hostile
or opposed to the authority Of the United
I do
sire to aid and forward the late rebellion
that have never yielded a voluntary sup
port 10 any pretended government, power,
or authority hostile or inimical to the Ru-
thority Of the United States Government
that I will support the Constitution Of the
/ United States aud defend it sgainst the
assaults Of all its enemies; that am an
active friend Of the Government Of the
limited States. and that I viii heartily aid
and assist the loyal people in whatever
measures may be adopted under the Constr
| tuition Of the United States, and under the
/ laws aud proelamations made in pursuance
thereof, 20 establish and maintain the ma
/ tional authority over all the people Of every
State aud Territory embraced in the national
| Union that have never desired at heart
the success Of the Fo-calle9 cOnfederacy,
/ but have at all times rejoieed at its defeat,
and The success Of the armies Of the United
/ States that ! will at all times rende- para
mount allegiance 10 the Government Of the
United States in preference TO any State Of
the Federal Union, and will support and de
fond the National Government against the
encroschmenta and attacks Of all foreign
powers that / will faithfully and heartily
support and defend the Constitution Of the
State Of Tennessee and the schedule and
amendments thereunto appended and adopt
ed by the people on the 22d day Of February,
1865, and all acts Of the General Assembly
in accordance Herewith; that / take this
freely and voluntarily, without equivOcation
or mental fsservation-s help me God"
Aner having satisfactorily passed the test
thus prescribed. it might naturally be sup
D, sed that nothing further Woud be pro-
posed a. a barrier 10 the exercise Of the
elective franchise by the people Of Tonnes
see. whose servants thus dictate 10 them the
conditions upon which they shall hereafter
participate in the government Of tho State.
But. no the party now in power IN The
State and in the majority in the State Legs
lature seem to fear, one might think be
cause Of guilty conscience did We not
know them to be call honorable men, that
even through this inq'HsitiOH some one ad-
/ Al. in MIC III
pass, and protest against (secmiHgf) desp0-
tism; they therefore declare in the fifth
section Of the bill uLder consideration that
upon the evidence heretofore named IS
+ absolutely necessary the Commissioner may
issue the certificate Of qualification, provi-
ded that nothing herein contained shall
prevent the said Commissioner from rsceiv-
ing equslly competent testimony contrary to
and contrayening the proof offered and
, taken in behalf Of said applicants and The
Commissioner shall Be the Judge Of he eject
8 Of Rs conflicting testimony"
The remaining sections establish TIE man
. ner by which the provisions Of the bin shall
be carried into effect, and are immateria'
. 20 the consideration Of the subject, with the
exceptions OF The twelfth and thirteenth
e. which direct that the Governor shall order
8 no elections in any county in the State until
4 the mandates Of this act axe complied with
A. First. The legislation thus proposed is in
= direct conflict with the Constitution Of the
D United state., in that & is in effect legal y
"a bin Of stl0inder," ia the meaning Of Oh,
loth section Of srticle Of the Constitution
That those engaged in the late rebe' lion
{ were guilty Of treason against the United
D. States, snd therefore liable 10 certain pan.
d ishmenS upoH coHvietioa by due process O.
# law, by the judgment Of twelve Of then
o peers, is . proposition that an ooucsde
:, Bat csn the Legislature Of Tcnness, e, viii
aay csudor or truth, claim that they hav,
the right 20 declare a certain elias Of Ia,
citizens Of that state guilty Of treason, with
Out any Judicial proceedings Whatever
, thereby throwing upon the accused Cd,
p whole burden Of proof in palpab'e violation
z Of the well known usages Of las, and upon
q tins prejudgmcnt, without the accused hay
q ing even the right 10 be heard, deprive hsa
. ~ oHC Of hc rigits dearest 20 'hc heart o.
crC-g trac AuicricaH What is ga bll o.
aitainder' a the sense Of the ConstiUii ior
: OF the United siutesg Judge Story say
II " bills Of attaiHder, as they are technically
called, are such special acts Of The Legisla.
J. ture as iudict capital punishment upon per
# sons Supposed 20 be guilty OF high offences,
4 such as t'eason and felony, ,eiAoat any
conviction in tho ordinary course ct judicial
. ProccediDgs. u an act indicls a milier de-
gree OF punishment than death, 10 is called
bill Of pains and penalties. But 10 ia
d sessc Of tAc Constellation il seems that balls
8 ofa,tausaer iieia5s tiiis ef pains ana pcaal
b t'es. The Legislature
e assumes Judicial magistrsey, prououue0 ng
s upon the guilt Of the party wissbut any Of
# The common forms and guards Of trial, aud
a satisfying itself with proof, when such
j., proof are within It's resch, whether they
are ceniormabie 10 the rules Of evidence
or not"
j " The injustice and in qui'y Of such acts in