Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1868-08-20

, afterwards play the part of Judas, the
Buffers and the Logsns, the Stokeses and
Hsmiltons: it is the eScrocs and eheva'
tiers d. industrie OF politics, who live by
others undoiDg, and fatten on the mis-
fortunes Of the country it is the ofal
and lees Of humanity that the currents
Of war and reconstruction have deposited
upon the South.
i The counsel who in the Supreme Court
prostituted such abilities as they had to
the maintenance Of an infamous and
ubiquitous law, insisted that each State
had the exclusive right "to determine
the qualification Of voters and office
holders, and the terms and conditions
upon which members of the political
body might exercise their various call
ings and pursuits within its jurisdiction"
They insisted that the Missouri act was
not in the nature of Bill Of Attainder
or of pains and penalties; but merely
regulated the municipal affairs of the
State, determining who should be voters
and hold office, etc.
One Of the counsel said, ." 1t has been
decided that bills of pains and penalties,
which inflict milder degree of punish
ment, are included within bills OF at
tainder,' which refer to capital offences.
1t has been said by an accurate writer
(Woodeson) that in cases Of bills Of attain
der, the Legislature assumes judicial
magistraey, weighing the enormity of
the charge, and the proof adduced in sup
port of it, and then deciding the political
necessity and moral fitness Of the penal
judgment"
One>would suppose that no more sccu-
rate definition of the nature of the acts
Of Congress and Of the Legislatures of
Missouri and Tennessee, prescribing test
oaths, could be invented. By them the
Legislature surely assumes judicial
magistracy;'' weighs the enormity of
the charge" and decides the political
necessity and moral fitness Of the penal
Judgment which DISTINGUISHES him who
will not swear that he is not guilty.
That it does not also weigh the proof
adduced in support " Of the charge, only
makes the law more odious and infs-
nous for when Parliament, each House
Of which aOaS Court, and could exercise
Judicial powers, examined the charge
and heard the proof, before convicting
and attaining, there was at least the
semblance, and perhaps generally the
reality Of substantial justice.
But, the counsel said, Woodeson de-
clares that bills Of sttRinder, "instesd of
being general, are levelled against thepar
ticuIsr delinquent; instead of being per-
msnent, they expire, as to their chief
and positive effects, with the occasion"
Therefore, the counsel said, the pro-
visions Of the Missouri act do not fall !
within the definition. To be obnoxious |
as Bills Of Attdinder, the provisions |
must operate against some particular de- |
linquerts, or A SPECIFIED CLASS OF DELIN-
QUENTs, AND NOT AGAINST THE WHOLE .
When the ass wears the |
lions hide, the ears always stick out.
Was not the Missouri act aimed against /
IL specified class of delinquents," those
who had been parties to, or had aided, or
had sympathizsd with the rebellion?
"They must not be permanent laws"
said Senator Henderson, who was OF
counsel against the Constitution and the
principles of English liberty, Operating
~ rule to control the conduct Of the
whole community, but must expire upon
the infiictiOn OF punishment on the indi-
Vidusl or individuals named"
II an act Of 3 Legislature provides
hat no person who will not swear that
he has never been guilty of profane
wearing, or that he has never been
Trunk, or that he has never bet money
N prohibited game Of cards, shall vote
IT preach or teach, is this any the less a
,ill OF pains and penalties, because no
PARTIES are RGnled9 Does it "operate as
. rule to control the conduct Of the
whole community" in the language Of
he nonsense Of Henderson, because it
'pplies to any one and every one who
nay have done that which he is required !
o swear that he never has done? {
1t never was necessary that the per- I
ons to be attainted should he named in
be bill. As counsel stated, "The attain
er passed the eighteenth year Of Henry G
III, against the Earl of Kildare and
theirs, enacted that all such persons
which be, or heretofore have been, COM :
orters, abettors, psrtakers, confederates, 1
r sdherents, unto the said late Earl, g
to- in his or their false and traitorous :
cts and purposes, shall in like wise :
tand and be attained, adjudged and /
onvicted, of high treason.'U
Mr.. Henderson said, Before these !
rovisions can be called bills of attain '
er, it must appear that they crimInate t
ne defendant, etc., and that they as
Ime to pronounce the punishment for
nat act. The law itself must assume 10
onviet him. II any means be left by
7hich the defendant can escape the pun +
Ihment prescribed in the act, the act g
annot be bill Of attainder; for q bill !
sttainder assumes the guilt and pun !.
hes the offender, whatever he may do to
scape. II the act in question applies as 8
'ell to the entire community as to him, 9
nd operates upon all alike, only pre- y
,ribing an oath, which may or may not !
e taken by him and others, as a condi- g
lon of future privilege, it is in no sense 2
bill Of attainder."
That is the sort of stuff, the pitiful s
abble, which Is imposed on the world t
n argument, to sustain a cause which ;
0unsel ought to have been ashamed to \
ndeavor to maintain. How does an act .
perate on whole community, on all q
like, when 1t affects only the few who
snnot take the prescribed oath? II a a
ID OF attainder assumes the guilt and o
finishes the offender, whatever he may 7.
D to escape, is that not exactly what =
lie act prescribing the test oath does q
one can take the oath, he is no Offend "
:. Ifhe cannot, land no offender cam, he =
punished, whatever he may do to es- Il
1pe, unless he will perjure himself, and Il
incur far heavier penalty. The oath l.
not prescribed in order that the inno-
mt may take il, but that the Cuiltv NAV