Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1867-02-16

nIssTasPPI. 4
RepOr, of the Joint stAnding Committee.

mittee on State ana Federal ltelathns,
of the State OF Mississippi, upon the
| monstrous proposition thus made:
The civil war has closed with Two
facts, indisputably established, ugi'Yer-
| sally accepted and recognized by the
people of the south. First, that slavery
| is forever abolished. Second, that the
federal union is indissOlvable.
| The state convention Of 1865 so de-
/ clared. The Mississippi convention Of
that year held this language: The in
stitution Of slavery having been destroyed
| in the state of Mississippi, neither slavery
| nor involuntary servitude otherwise than
| in the punishment OF crime, whereof the
party shall have been duly convicted,
| shall hereafter exist in this state"
An ordinance passed 9th January, 1861,
90 to dissolve the union between the s'iate
Of Mississippi and other states united
with her, etc, etc, is hereby declared
null and void"
The committee see nothing in the in
| trinsie merits Of the proposed amend
meut, in the manner OF its adoption by
/ congress, or in the circumstances that
environ the state Of Mississippi that
| Y mmend its ratification. Every impor-
tant amendment paves the way for fu
tGre changes. Prior to our late troubles,
all the amendments made to the federal
constitution were of the nature Of limlta-
tions and restrictions on power. The
| one prOpOsed is no cOnlpreh henSive-touch-
ing so many points, aud including so
many subjects That have heretofore be-
longed exclusively to state cOgniZanee
that for a long time there must be em-
barTassment, confusion and inter
ference between the federal and
state jurisdictions. / is recommended
as a cure for present distempers. The
good which its friends are assured it will
bring may All turn to ashes in practice;
and instead of rsmedying grievances, il
may entail on the country long train
Of evils.
This amendment would disturb, to q
degree which no iurist can foresee, the
established relations between the fed
eral and state courts. II would tran sfer
10 the former n supervisory aud peel
late control over the latter, in very
large class Of subjects that now belong
to the exclusive cOgniZance Of the state
tribunals. 1t confer5 on congress large
end underlined power, at the expense of
the reserved right Of the state. II trans
fers to the United States a criminal and
police regulation over the Inhabitants of
the states, touching matters purely DO
mestic. IT inteTvenes between the ate
government and its iuhabitants On the
assumption that there is an alienation Of
interest and sentiment between Ger. ain
portions Of the population. And that
such Intervention Is for the benefi. Of
one class against the other 1t tends to
create distrust and Jealousy between the
white and black races, and peTpetually
to disturb and keep alive these evil pas
siOns. 1t invites appeal from the do
mestic 10 the federal judiciary, on ques-
tions arising on local law, on the predi-
cate that the state courts Will not Zeal
between the parties with fairness or i'm /
tiality. II incuicates on the cOiOred pop
ulation a distrust of state law and
authority for the protection Of person
and property, and to regard both as alien
and inimiCal-and constantly to require
the legislative and judicial corrective OF
the federal power.
ID. The amendment introduces new
rules, or attempts TO enforce them on
the states, in regard to citizenship and
the elective franchise.
It so happens that this feature Of the
amendment, though Of general appica-
tion, can have bat little practical opera
ton except in the states lately save-
holding. II makes citizens Of the United
States and Of the staies-Uf the four mil
lions OF blacks. It confers on them the
elective franchise on the same terms en- I
loved by the whites or If withheld OF
abridged, il reduces their influence in
the house Of representatives and the
electoral college quite One-third. In the
other states this element Of the poT ula-
ton is so small that its influence you'd I
hardly be felt In the elections. II would F.
add about Oue-third 10 the body of Citi-
zeuship in the southern states; perhaps
i'm two Of them it would give the pre-
pOnderange to tie colOTed RAGE. IN sew {
eral OF the middle, western and north /
ern states, the blacks have been, and /
still are, kept under political disabilities. I
These states have not thought il fol the /
public veal that any Of them should be 4
admitted to the privilege Of the ballot, I
The franchise of voting is not natural I
right. In no age or corntTy has suf- I,
frags been universal. Everywhere IL /
has been Withheld fram the female sex. /
Everywhere in ancient and modern civ I
i!iz8tiOn II has been confined TO males, I
and such Of them as had prescribed !
qualification.
4 wise statesman hes SAID, "Fhat .
government is a uputri4ance OF human /.
wisdom 90 pT6,,ide for human waits I
Free institutH is, representative govern
ment, can re Jose on no other basis than
the virtue and Intelligence of the peo- /
pie. The ballot, with safety, car be 1
lodged only with these who have ltel- I
ligeuce aud knowledge sufficiently TO .
understand principle, TO reason of poll /
cy, and to measure men.
When the scheme Of government Is so 4
q D,
the peOpie-that from them and by .
them all public functionaries are chosen, /
and to them the final appeal is made on .
all political subjects whether of fuuda
mental law, or temporary expediency,
especial care snOgid De taksn' that the I
voting class should not be swollen by .
sudden and large iniUsiOns of ignorance |
and prejudice.
1t cannot be pretended that the lately
enfranchised blacks are, as a body,
either morally or Intellectually com
peteu. 20 vote. They have never had .
any concern or participation in
public affairs In the main they are
destitute Of the simplest elemental train
ing. They have no habits Of thought,
are incapable Of pretending our
system OF government, and Of reasoning
upon and apprehendiDg measures of /
wise craftsmanship. such step IS
counter TO experience and practice from
the very organization of the govern
meut. The natural.z cation laws oifer
only to the bite races Ap-
pliaauts must serve an appTenticeshi ip in
the art Of self government. They must
live here long enough to study our insti-
tutiOns, to become familiar with Aneri-
can ideas and principles, to Learn the
nature aud duties OF citizenship, before
they are entrusted with its responsible
ties Surely the German and ITishInan,
and other European emigTants are better
fitted to be invested with this high privi-
lege, the first moment Of landing OF our
shores, than the cOiOTed race so lHtely /
3. The fourth section degrades and
q most Gsefai, Intelligent I
and respectable class Of our citizens, in
a form the most OdiOus and tyrannical,
by eN post lactO law.
The proclamation of the president, Of
date 25th May, 1865, issued In pursuance
of the invitation of congress, offered am
nesty to all those VINO bad participate
in the late civil war against the United
States, on the terms of taking the pre-
scribed form OF Oath.-eXcept certain de-
scriptions of persons named in su1dry
= 'NiIt iAlNtAtAfAisf eAAA ~ tAAe'N ~ f~Nf-eNA
II is we'll known that the
great mass Of our people did promptly
avail themselves Of the executive am
nesty, by accepting and complying with
the conditions.
What is the value and effect OF the
pardon The constitution in general .
terms gives to the president power to
90 grant reprives and pardons except IN [
cases Of impeachment A pardon may I
be either general or special, absolute or
conditional.
The supreme court of the United /
States, in reference to this clause OF the /
constitution, says: alt means that the /
power must be used according to law,
that Is, as Il had been used in England 4
and the ststes when they were colonies. I
Without such power in some depart
ment or functionary Of the government I
il would be- most imperfect and delitient .
in its political mOrality.n
In another case, Chief Justice Marshall /
says I'VE must refer to the immemO
rial exercise of the power, by the e,eeu-
tive of the British nation, and jucicial 4
of it, for Information As to
the effect and operation of pardon.n
" Ii must receive the same meaning as
prevailed here in England at the time it
found a place in the constitution" 5
Peters, 264 2S0
The very highest English authority
tEoka > In oQ2l dafinps a m rdOO IN he a /