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


The third section requires all persons
/ claiming the right to exercise the elective
/ franchise 70 prove by two Witnesses, who
must themselves be entitled TO vote un-
der this law, that they have been guilty
I Of none Of the disqushfying acts, before
they shall receive the certificate Of the
commissioner, (G53 Qpp0intee cf the gOU-
orn0rl, without which they cannot vote.
The fourth section requires, in addition
to the evidence Of the two competent
witnesses, an oath as follows, 10 be taken
by the person claiming the privilege OF
the elective franchise before being per-
mitted TO exercise the right claimed
81 solemnly swear tOr affirm that
have never voluntarily borne arms
against the United States government
with an intent to aid and forward the
late rebellion that / have never vOlun-
tarily given aid, comfort, eountenance,
encouragement to any rebellion against
the authority thereof, or aided, cOunten-
anced, or encouraged acts Of hostility
thereto; that II have never sought or ac-
eepted any Office, civil or military or
attempted % exercise the functions Of
anv Office whatever under the au-
thority, o. pretended authority, Of
Che sO-calied Confederate States of
II
/ hostile or opposed to the suthority Of the
/ United States government, with intent
I and desire t0 aid and forward the late re-
I beilicn; that have never yielded vol
untaTy support to any pretended govern
ment, power, OF authority hostile or in
4 iuaical 10 the authority ofthe United Staets
/ government; that / will support the con-
/ stitutiOn of the United States and defend
/ il against the assaults Of all its enemies /;
! that I am an active friend Of the govern
ment Of the United States, and that
1 win heartily aid and assist the loyal peO-
/ DIe in whatever measures may be adopted
under the constitution Of the United
/ States, and under the laws and prOCla-
nations made in pursuance thereof, 10
I establish and maintain the national au
! thority over all the people of every state
and territory embraced in the national
union: that ] have never desired at
I heart the success Of the sO-called Con-
! soderaey, but have as al tEmes rejoiced
| - its Gefeat, and the Success OF the
I srini.s-1f the United STATES. that ] will
/ st { !, :. u.sS render paramount allegiance
/ - ans ECgsrnment Of the United states
? in t-t.f.-rt lee 10 any state Of the federal
|: y-nioI, and will support and defend the
! rs--1aCl government against the en-
d ~.
powers: that ] win faithfully and heart
ilv support and defend the constitution
Of the STATE Of Tennessee and the sched-
ule and am endments tlereuntO appended
and adopted by the people on the I'D
day Of February, 1865, and all acts Of
the general assembly ia 9cgGrdance
therewish; that I take this freely and
voluntarily without eQulyOCatiOn o.
mental reservatiOn-sO help me G0di'
After haying satisfactorily passed the
test thus prescribed, It might naturally
be supposed that nothing further would
be proposed as barrier 10 the eTercise
Of he elective franchise by the people Of
Tennessee, whose servants thus dictate
70 them the conditions upon which they
shall hereafter participate in the govern
meHf OF the state. But, no TIE party
now In power in the state and in the ma
jority in the state legislature seem to
fear, one might think beeaEse Of a guilty
conscience, did We not kpow thew 70 be
% all honorable men, that even through
this inguisitiOn some one adverse to
their Continuance in power might pass,
and protest aSains4 ,seeming despo-
tism they therefore declare in The nth
section Of tho bill under consideration
that upon the eyidsace heretofore named
as absolutely necessary, The comm's-
sioner may issue the certificate Gf Quail
ificstio1, provided that g nothing herein
contained shall prevent the said COM
missioner from receiving eQ Ha,!y compe-
tent testimony contrary to and cOlJF6ve-
ming the proof offered and taken in be-
half Of said applicant; and the commits
sioHeF shall be the judge Of the effect OF
the conflicting testimony"
The remaining sections establish the
manner by which the provisions Of the
bill shall be carried into effect, ana are
immaterial To the consideration Of the
subject, with the exceptions Of the 18th
and 18th, which direct that the governor
shall order no elections Ia any county ia
the state until the mandates Of this act
are compiled with.
First. The legislation thus proposed Is
in direct conflict with the constitution
Of the United States, la thst It is IN ef-
feet legally "a bill Of attainder," IN the
meaning OF the 10th section Of article
of the,c0nstitution. Thai those engaged
in the late rebellion were guilty Of trea-
500 against the United States, and there
fore hsbls 70 certain punishment, upon
cORUictiOR by dye process of law, by the
judgment of twelve II their peers, Is a
proposition that all coneede. But can
the legislature Of Tennessee, with auy
candor or truth, claim that they have
the right 10 decisfe . certain class of
the citizens Of that state guilty Of
treason, without any Judicial pro-
ceedings whatever, thereby throwing
upon the aecased the Ehole burden
Of proof ID palpable violation Of
the well known usuages Of law, and
upon this prajudgment, without the ac-
a a.. L. !.
deprive them Of one OF the rights dearest
to the heart of every true American
What is a "bill Of attainder" IN The
sense Of the constitution of the United
States Judge Story says bills Of at
taindeF as they are technically called,
are such special acts Of the legislature as
iufIict capital punishmeEt Epont persons
suppoaad 10 be guilty Of high oaaIses,
such a. Treason and felony, without any
conVietiOn ia the ordinary course Of ju-
dicial proceedings. IL az act inflicts a
mi i;,Ier degrae Of punishment than death,
i Is called bill Of pains and penalties.
But IN the sense Of the constitution 10
seems that biIls OfattsindeT inalGde bdls
Of pains and penalties"
1.-The Legislature assnaes judicial magis-
tracy, pronOuncing upon the guilt OF the
party without any Of the common forms
and guards Of trial, and satisfying itself
with proof, when such proofs are within
its reach, whethef they are cOnf0rmabie
10 the rules Of evideDce O. not"
The injustice aud inigulty ~ such
sets in general cOnstitgte &h irresistible I
srgument against he existence Of the |
power In free EOvern6leDt il would /
he intolerable; and in the bands Qf 9
reigning faction IL might be and probably /
would BE-, abused 10 ule ruin and deafA I
Of the most vi-tuous citizens. Bills Of
this sort have been most usually passed 4
in England IN times OF rebellion, or Of J
gross subservienCy to the crown, or Of 4
Finlent political excitement, periods In /
which al nations are most liable las well |
the free - the enslaved) TO forget their |
duties and 10 Eample upon the rights !
and liberties Of Others-n story Com. 4
Sc. IS45. \ Tt Is entirely unnecessary 70 I
prove that the deprivation of political I
right, such aa suffrage, by an act Of the |
legislature, foF The crime Of treason, is 8
Punishment upon tbe person 50 deprived /
within the meaning Of 3uage Story and /
ia fact this Z one of the most plAuslt e ar !
guments used ia favor Ofthe bill under con-
ideration-namely, dlat Z is a deserved /
punishmeutupOn traitors. Hia9 startling /
truth and sdistiAetness with whicb rhe !
learned commentator has portrayed the
causes and consequences OF such usllrpa- /
ton by legislative bodies, wOulG alElost 4
lead es 70 believe him God-inspired 70 4
give instruction Of divine wisdom to COM !
niisnities and natzOls situated as we are /
now. Can any one longer deny that the |
legislature 9f Tennessee, by ingieting /
upon almost foniSGfths Of the citizens of
that State punishment Amounting to /
the deprivation Of one OF Their most sa-
cred rights. for crimes Of which they are 1
declared 70 be guilty, without trial'by
jury Of their peeTs, have not only violated /
the sixth amendment 70 the federal eCn-
stftution, and the sixth sectios Of article /
l OF the consultation of the state Of leD- /
nessee. both 0f which declare that the /
trial by jury shall remsin iBvioiate but
also the tenth section of article Of the /
constitution Of the United States, wldca |
declares that no state shah
pass any bill Of attainder.
Second. This bill Is in palpable violation |
Of the provisions Of the federal constitp- /
ton which prohibit Is any sfete from pass 4
ing an eF post JdetQ law, sad Also Of /
the eleventh Section OF article Of the /
coRstituti0n Of tie state Of feaDessee, /
which declares al such laws contrary /
tp the prineiples Of Tree government; I
wherefore no q post fqcfo law shat Dc l
made" What Is an q posf ftet0 in The 4
aanca ~ the auf1afifsffiar,ag r..oltfi,7ff Inns