Public ledger. [volume] (Memphis, Tenn.) 1865-1893, 1868-12-03
WELLS e.

cited felonies, should, on due convic-
tion thereof be deprived of the right 10
vote or TO give evidence. II has been
long established in England aud in the
United States that no other evidence can
be introduced to exclHde person from
giving evidence on the ground OF the
commission of specific crime, than the
record of his conviction of such crime.
The court cannot arrest the progress OF
the trial on hand for the purpose OF try
ing the witness of a crime which excluded
him, and'which was committed perhaps
in another county. The court cannot
arrest trial for larceny to try the wit
ness on charge Of perjury, without Civ
ing the witness the benefit of aHy consti-
tutional forms and safeguards. 1t is
upon the same ground that no voter can
be excluded on the ground that he has
been guilty Of one of the felonies emu
merated in the Code without the produc-
ton of the record Of his conviction. If
be could be excluded without the produc-
ton of the record Of his conviction, the
register of voters, or the ministerial Off
Ger who holds the election, might be re-
quired to try the citizen claiming the
right to vote, on the charge of murder,
perjury, larceny, or other felonies speci-
fed in the statute, without the constitu-
tional safeguards provided in criminal
proceedings. The record of the convic
ton of the voter of any of the enumera-
ted felonies, is conclusive that he has
been lawfully deprived of the right to
vote. There can be no other lawful evil
dence of the deprivation of the right to
vote on the ground of commission OF
crime, than the sentence of court OF
competent jurisdiction, organized under
the Constitution, and any exclusion
founded on crime without the production
of the record of conviction is without
the authority of law, and entities the re-
jected voter to damages against the OH
Ger who excludes him.
A citizen who is deprived of the right
to vote by the conviction and sentence OF
a constitutional court, acting under pre-
existing law, is deprived of his right by
due process of law" "by the law of the
land" in the constitutional sense of the
terms, and can never vote unless he be
lawfully restored.
This forfeiture of constitutional rights,
this disability, this disqualification, this
punishment, is inflicted on persons duly
convicted, as before stated, of certain
enumerated felonies, but the statute does
not embrace all felonies or any misde'
meanor. 1t does not embrace treason, or
seditious libel, or seditious speeches. 1t
does not embrace any of the political Of
fenses or acts required to be denied and
disproved by these "elective franchise
acts" There was no statute of the State
of Tennessee in force in the years 1851,
1862, 1868, 1864, which inflicted for
feiture of the right to vote as a punish
ment for any of the offenses set forth in
the acts of 1867, or as punishment for
the commission of any political otfense
against the United States. There was no
act of Congress in 1861, 2, 3, or 1864,
which authorized the inhiction of such
penalty on any of the offenses or acts set
forth in the acts of 1867, by action OF
either State or Federal Courts. No law
Of the State of Tennessee or act of Con-
gress notified the citizens of the State in
advance that if they bore arms against
the United States, or sought office in any
insurrectienary government against the
United States, or aided the same, or gave
counsel and encouragement TO the same,
or supported it by money, property or
influence, or in any other manner, they
should, on due conviction thereof, be de-
prived OF the right of suffrage. Neither
the authority of the State or Of the United
States had given that notification by duly
promulgated law of the impending pen
atty, which is the basis of all criminal
responsibility. But after the war was at
an end, after the great mass of those who
had fought with determined will against
the UnitedStates, had lain down their arms
and, proclaiming their anxiety for the
preservation of law and or Ter, and for
the re- establishment of peaceful indus
try, had discouraged all irregular and
lawless war, and all violation of the laws
of the United States, after the courts OF
the United States were open in all the
States, and offenders in all the States
we're subject to arrest and to trial, with
out the slightest resistance to the execu-
ton of the law, after the Chief Magistrate
of the United States, had issued and they
had accepted the benefit of proclams-
ton of amnesty, discharging them for
ever from all penalties, forfeitures and
disabilities, which they may have in
Cured for and by reason of the commits
sion of any political ofense against the
United States, and restoring them to any
rights which they may have forfeited,
then and not till then the constituted
authorities of the State of Tennessee by
retrospective oaths, established state OF
political outlawry against perhaps hun
dred thousand citizens OF the State, not
for offenses against the State, but tor
offenses against the United States, which
had been pardoned by the Executive Of
the United States.
Have the constituted authorities Of the
State the rightful jurisdiction to punish
pardoned offenses against the United
States by retrospective statutes or ordi-
nances2
In tranquil times it would be declared
with hardly q dissenting voice that all
statutes and constitutional provisions
which exiled or outlawed or in any maa-
ner destroyed any citizen, or which de-
prived him Of bis liberty by imprison-
ment, or OF his estate, or any part oi Il,
BY forfeiiures or fues, or which deprived
him Of the right 10 hold Office under The
government, 70 give evidence IN The
courts, 70 vote in public elections, to sue
IN the courts for injuries 10 bis person,
bis property, or his character, or which /
deprived bin Of any civil or political |
rights previousE II possessed and enjoyed. /
on the ground that he had committed I
cfsnses against The State. prior 10 the /