The Pulaski citizen. [volume] (Pulaski, Tenn.) 1866-current, 1866-12-07


transcended those pOwers2
In the frst place, suppose they have con-
feFFed upon them all the powers which the
people themselves would have were they
assembled 10 convention. Have the people
themselves the right or power to deny 3
''free white man of the age of twcnty-One
years, being citizen of the United States,
and a citizen Of the county wherein he may
offer his vote, six months next proceeding
the day of election, and who has not been
convicted of an infamous crime, the priVi-
lege of voting? -,af
It is provided in section eight Of the bIl
Of rights "that no free man shall be dis
seized of his freehold, liberties or privileges
but by the jud cement of his peers or the
law of the land.'' It is also provided in
section FIVE of the same instrument, ''that
elections shall be free and equal,'' and also
in section II, 'that DO ex post facto law
shall be made"
The Constitution provides IN section / 2
of Article XI, 1.-THE declaration of rights
Constitution of this State, and shall never
be violated on any pretence whatever. And
to guard against transgFession of the high
powers We have delegated, We declare that
everything in the bill of rights contained is
excepted out of the general powers Of Gov
ernment, and shall forever remain inviO-
late"
Can any privilege or liberty which a
man enjoyed under the Constitution be
abridged or destroyed, except under the
provisions of that instrument itself? When
the people assemble in convention them
selves, or through their delegates, are they
not bound by the Constitutions? or are they
thrown back into anarchy, and possess the
same powers which were inherent in them
before Government was first organized? :?
Could they, in forming new Constitution,
disseize any man of his freehold? Were
they to attempt it, would they not violate
the fundamental law? In a constitutional
government is there any higher law than
the Constitution itself? Can the people
themselves resume the powers which they
surrendered when the Government was
originally formed? What meaning, then,
shall be given to the sections in the decla-
ration Of rights which We have quoted. aRd
to Section 2 Of Article XI of the Consti-
tuition?
If the people themselves can denude a
citizen of his rights, liberties or privileges,
in any other way than those pointed out by
the Constitution, what guarantees has he
for the protection 81 any Of them?
| Il is not insisted that man cannot for.
felt his liberty or privileges. This may be
done in ways pointed out in the Conslitu.
tion itself. That instrument points out two
ways: "By the judgment of. his peers, ol
by the law of the land. What is the judg.
ment of his peers? This means by a YER
dict of jury. In all cases of controvertet
facts he is entitled to his trial by jury
The people themselves cannot deprive
citizen of this right. What is meant o
claw of the land?'' This term has been de
fined by our own Supreme Court in man,
adjudieated cases. To make a statute
lew of the land, the Legislature must hav
had the Constitutional power to pass it, an,
it must be a general and public law, equal
ly binding upon every member of the con,
munity. sheppard VS.. johnson, Hump
285-298)
The right to lifes liberty and property {
every individual must stand OF fall by tn
same rule or law that governs every othe
member of the body polite or land uDde
similar circumstances. (VanzaDt vs.. Wad
del, 2 Yerg. 26o-27l.) Bot it may be sal
that the Legislature shall have no power t
pass such partial laws; but why may uc
the people themselves so alter the funds
mental Law as to permit the passage Of pa
tial laws? The answer is, that the dsclarl
ton of rights is made uualterable by II
Constitution itself, and that declares how
man shall be deprived of his rights. liberl
and privileges, which shall be by the law
the land. The question, however, wheth'
: the right of the elective franchise is such
5 right OF privilege as cannot be taken ava
: from him, except in the ways suggested,
one not altogether free from difficulty.
s The court is not fully satisfied but VIII
the people can amend their organic law
n as to delare who should be voters thereafte
9 thereby cutting off some who had bet
T voters up to that time, withou' violating q
6 declaration Of rights or tbe provisions Of Il
Constitution. But waving q decision
q this point, are the powers delegated TO q
d Legislature by tne amended Constitution
u ample and full as those possessed by Il
J. people themselves. Let us examine Al
10 see. The 9th section of the schedule
=, said amendment is given as follows: ''T
t, qualifications ofvoters aud the Limitation
'e the elective franchise may be determin
h by the General Assembly which shah I'll
l. assemble under the amended Constitution