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

~. l q 4<E-il ga s-tt- t
and study Of peoples and governments
tsach me that neither of these great ends
can be attained, or popular liberty. be. pre-
served, if we venture to depart from these
/ sre4t principles. The scoier ut repub blican
| governments have prophssied that they
| could not sustain the trial to which ours mas
been subjected. ] hope, Ibelieve it can. at
least, can lend no hand 70 help in realizing
their gloomy predictions. Il have faith,
| that If the men who are called to administer
this government will be wise, and impose a
1 due restraint upon their passions, it has the
| virtue to, survive unharmed the fearful
ordeal through which it has passed. Our
| duty Is not to oveTturn or upturn itis
simply to return. This, sir, is the KEY 10
my proposed course of action on this sab
iect. Nor am / 4 sfiekier either for mere
forrns without the spirit / recognize that
surrounding circumstances make necessary
certain irregularities, and justify departures
/ from prescribed rules, but I do not esteem
that anything in the situation warrants the
boldness, with which the hand of innovation,
now uplifted, proposes to touch the sacred
| franchises Of this peoples liberties. And it
is from this stand point, that shall proceed
to examine the propositions before us. 81
| Mr. Speaker, the act now on the statute
book did not meet my approval, because
! believed that it contravened the principle
have Just laid down, and because believe
that it was inexpedient and unwise as pol
icy. / did not think even then, when the
smoke of the conflict was still lowering about
us, that prescription from the ballot-box
was necessary, but on the other hand, that
| Its consequences were fraught with evil I;
| and I believe that the necessity at this time
for further legislation, is evidence of the
| correct Judgment Of those who opposed it.
1t has divided this people into parties-the
1 prescribed and those who think prescription
wrong, and the sroscribers and those who
uphold them. We see daily evidence of the
fact, and that the difference is widening
and the dislike deepening. This, alone,
line Of action is 10 fra.ernize, and by Coz
operation, attempt to repair the mischiefs
of the struggle. But, sir, the proposition
before us goes far beyond the measure Of last
session, and in the face, too, Of multiplying
evidences, that all ground upon which il
| could be urged is untenable, for | challenge
| gentlemen to a single fact of Importance
which has occurred sincs last june, which
need give any one fear of the reinstallation
of rebel power in this State, or incite dread
that popular sentiment, disloyal and danger
oss to the authority Of the general govern
ment, is acquiring influence. Ifany one has
seen it, must say that, with close observa-
ton, have not been able to discover it. Dis
content at what many regard as unwise and
ruinous legislation may be seen, and the sub
! ject now under consideration is one Of the
Instances, but submit sir, that cannot be
cited as proof of disloyalty or construed as
dangerous to the peace Of the country, unless
it should itself provoke the trouble. lfgen-
tlemen persist in this mad attempt 10 dis
franchise and politically degrade great mass
es of the people, they will increase this dis
content, but | again submit, that it is not
fair to adduce this state Of things as justi,
| fcation for further incentive to it.
The bill reported from the Committee re-
peals the present law, and proposes to in
| definitely exclude from the franchise priyi-
lege every man in Tennessee, who SYM
pathized with, or encouraged in any manner
! the late insurrection against the Govern
ment; and this includes, perhaps 6ve-sixths
of the voting population by the constitu-
| tional standard !; it furthermore provides a
cumbrous and expensive system by which
suffrage certificates are to be obtained,
marked with odious and tyranniczl features
| it exacts an election OATH as stringent and
searching, as it is senseless and unnecessary.
| Now. sir, / hold that there is no warrant
from any power under which we act, to pass
any such bill. / am not a lawyer, or versed
| in constitutional questions, but have read
and studied the laws and constitution Of the
government and am convinced that there is
| no power given to disfranchise by legisla-
/ tive act, whole masses of the people, for any
cause, or under any circumstances.
| Section lst, art. 4, of the State Constitu-
| ton prescribes who shall be electors, viz
white citizens twenty one years Of age, and
six months residents Of the county in which
they may offer to vote. Sec. Of the same
| article declares that laws may be passed
excluding from the right of suffrage persons
who may be convicted Of infamous crimes" II
there be another line or letter in the consti-
tuition proper, giving the law-making power
| control over this subject, it has not yet been
| pointed out. 1t is true that the convention
| Of year ago, under whose authority and
action we assemble, adopted a schedule,
which was annexed to the constitution, the
9th section of which declares that "qualifca-
| tions of voters, and limitations of the cleo
| tive franchise may be determined by the
next General Assembly" and this isclaimed
| to authorize the present measure. But, sir,
| q question: il seems to me, may well arise
whether this schedulerepealed, or over-rides
! in force, the 1st Section Of Article 4th. 1t
| certainly did not do the first, for the section
| named is still part of the instrument. tits
| questionable whether power was conferred to
| interfere with vested rights already acquired
under that section, and declared defeasible
only upon conviction of crime; and if in
| tended to be conferred, whether it did not
| apply to a condition of affairs since altered
| by the action of the General Government
| A year ago, upon the expected cessation Of
| the war, it was thought that there would be
returning from the rebel armies large mass
| of unrepentant and unpardoned rebels, who,
| by warning upon the Governments bad, as
was contended, forfeited their citizen
ship and its attaching rights. But since
| then, the character Of the relation held
by this class of men has been changed by
the amnesty offered By and accepted from
the President. II may be asserted that this
asreally worked no change in their feelings,
but we have nothing to do with the supposed
animus of men. We can only judge Of con-
duct, and we are bound to hold them as oc-
cupying the relationship which the clemency
of the superior power has given them. i
think this position cannot be denied, and
under it, the merely permissory snd sugges-
tive phraseology Of the schedule is shorn Of
its force, when contrasted with the positive
language Of the lst section Of art. 18th, fixing
the ouali lifcafions of voters IL will not he
asserted that these men, whose suffrage
rights are there defined, were not citizens,
and as such lawful voters, before their rebel
lious acts were committed and il so, the
amnesty or act of oblivion relieved them
of all forfeitures Of political rights on ac-
count of those acts, and restored them to
their condition before the war. And this
brings us TO consider the character Of the
law which may be passed under this sth
Section of the schedule If the positions l
have stated be correct this measure is either
intended to deprive them Of political rights
restored to them ly tlic Presidential amnesty,
both that Of Mr.. LINCOLN, and the later one
of Mr.. JoHNsos, upon the ground that they
are unsafe depositaries Of political power,
and that the offer of amnesty was bl1nder
or else il i regarded and intended as q
punitive measure for the crime Of rebellion
against the State and general government.
IL the first be the ground on which it Is
placed, il is grave impeachment OF the
wisdom Of the two great mens who have had
better opportunities than any Others, 10 OBJ
serve wide range of facts on which TO
predicate their Official acts, and who took
the steps after long deliberation; and
think it Is late IN the stage Of these matters,