Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1868-07-17

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that every man had divine right to
vote, was as absurd IS for particular men
10 claim that they had divine right TO
reign. If it Is once assumed, as that cid
malignant, Thad. Stevens hold, that
upon the principles asserted by the Dec
laratiOn of Independence, every man has
natural and InRlienabie right TO VOTE
the negro is of course included, AN in
ferior and intrusive race, who are no
part of the people of the country, and
i've of whom, by the Constitution only
counted as three men, in determining
the ratio of State representation IN
Congress.
Undouotedly, also, State may make
crime q disqualification to vote, ara the
offender so disqualified could not claim
| 70 vote, .on the ground that otherwise
he would be taxed without being repre-
.nted. Treason is, of course, a crime
| for which one may lawfully and rea-
sonably be thus disqualified.
But a State cannot so disqualify, for
treason against the United States, after
q pardon or amnesty. By the compact
of union. the States agreed to regard the
leyying Of war against the United States
a. treason against all the States jointly,
as q political corporation, to be punished
by the United States, or all the STATES
Jointly. and not by State separately.
If the United States punish 1t, the state
is one of them, and having once pun
ished it, jointly with the others, cannot
punish it again. No one can De put
twice in jeopardy for the same oiTence.
II the United States pardon, condone
and forgive. they obliterate the offence.
II il as If it had not been committed.
To this conformation and amnesty the
State is a party. II, jointly with the
Others, forgives. Alter that, it cannot
punish. ..-
disqualification to vote, for crime COM
mitted, is part of the punishment Of the
offence. The State having forgiven and
coDdoned the offence, by its agent the
President, can no longer punish IN any
possible manner can 10 more punish
bv disqualification than by hanging.
Neither could it, even if il could pun
ish, prescribe 8 new punishment, by dis
qualification, or increase the former pun
isbmeut, by law enacted after the COM
mission of the offence.
No man pardOned can be disquali-
lied to vote in Tennessee, except by
trsmpling the Constitution under foot,
and not only the Constitution, but the
ulainest principles Of reason and justice.
And, il the State could disqualify and
disfrRnchise men, for treason committed
against the United States, the only COM
petent proof OF the guilt Of the party is
the record of his conviction, upon trial
by due course Of law, in Civil Trlbu-
nal and before a Jury Of twelve men.
There is not a man in Tennessee, who
can to-day, without trial by Jury, be
lawfully proven guilty OF treason, and
on such proof disfrsnchised.
No one can be compelled to take test
oath, to the effect that he has not been
guilty of treason, as a condition pTece-
dent to the right to vote. For that IS to
disqualify without proof at sll. 1t is
IKE. also, the peine forte ct dure
once used to compel persons to
plead, who stood accused Of crime;
and ike the use of the
rack TO eXtort confession. II you wish
to visit the consequences Of crime on
man, you must prOUe him guilty, in such
manner as the law Prescribes and the
Constitution allows. You cannot force
him to abandon and lose q valuable right
or franchise, unless be will swear that he
hiss not been guilty of the crime. If this
can be done, this new mode of summary
trial, conviction and punishment may
be substituted in all cases for jury trials,
and criminal proceedings be greatly
simplified. Ifyou can disqualify in that
way, you can hang so. Adopt the sys-
ten generally, and there will be 10 fur
Their need of Grand JuFies, prosecutors,
witnesses or Juries, nor even of
Judges, because there will be nothing in
any case for Judicial discrimination.
The object Of the JacObin faction is to
destroy the sovereignty Of the States,
and reduce them to the condition of de-
partmgnts or municipalities. 1t is claim
ed TO have been settled by the conquest
OF the South, that they were never any
thing more, by q sound construction Of
the Constitution. The cannon and the
bayonet have become the interpreters
and authorities, to settle the meaning Of
3 constitutional compact, made by
twelve free, sovereign and independent
States, eighty years ago. 1t is pro-
claimed to be disloyal and reasonable
for men to doubt the construction of the
Constitution established by the Lord.
By what right, then, can a Depart
ment or Municipality of a Nation, when
the Chief Magistrate has pardoned
party charged with treason against the
Nation, insist upon 8 right TO punish
vested in itself? If q State is not sover-
eign, no treason can be committed
against it? II the Nation pardOns, the
parts that compose it can not condemn
and punish?
What Radicalism does on 8 small
scale, it will do on q large one. What il
is in Memphis, it is everywhere, an I'M
principled, corrupt, proscriptive faction,
supporting its mercenaries upon the
wages Of vice and prostitution, and en-
riching them by plundering the public.
Its leaders claim that the unfOrtunstes
whom they despoil, Aud whom they tax
sgainst their consent, have no legal rights,
because they were rebels. II it were SO,
no injuries are so bitter and no revenges
so intOlerable, as those inflicted legally.
To rob men of their estates by legal tech
nicalities, and to murder when one has
got the law on his side, are two of the
basest acts OF which human nature can
be guilty. We would rather be robbed
on the highway than by the law.