New-York tribune., 1868-12-17
-,-p1r1J11 suffrage IN NEW-ToRK.
TINE ARGUMENT IN THE DARNELL CASE

''a,,o Court Circuit, before Judge Ingraham'
eup'ou'V 10 Mr. Gilberts argument for the rea1or'
Thss mandamus granted in the altern"','u ,, ~
- tho defendants, Registers and inspectors u ~ '
y ,t, second District OF the Eighteenth "Hiu " ien
- to name Of Reator as legally quaaeT a,, of color
wt ret urned that the RelaOr Wss Ina man ~ VI M s
snd not qualified Win HeeAo'"
turn ra9t 70 be- argued this demurrer Is mainly
as 10 the validity OF that elaT0 @ @ man Of color nness he
VIZ t bcen for three years cltl1eh OF ,Iis ,i be,
and fOi year next of feehod estate of the
o, ot T S,5o over and above all debts ana nC od
l, bcrron and shall nave been actuaL9 I"eeN I
efts+u ~ ~ the}eon shall be entitled TO vote al such
ssiesiiSn q, ,777 permitted every male nnaDi
- are being for six months resident OF one VI
,,,'Sie of the State, TO vote for relIesehMNS " & ~
Assempy i Io"ld bnye been freehOder OF an estate
menS' f90 therein or have rented tenement therein
OF tsv V IN xes 10 this state The Constitution OF 1923
acged suffrage by abolismng the properly apu 49, S r6o
nc ansr. gons OF voters, excepting ne ~ & Vo, IN ne
s , a. tted TO vote only the terms contained III le
rbsGse adrd 10, which was then put mo the j I
lion "A winch was retained In that OF 1910. II EI i OT
ss ed INT this dsqualfyng clause as 10 men OF eoIOr
sbri es the franchise as granted In the ola Cos'"'o"
OF 70 ,.no Of residence the old Constitution said;
yery male inhabant Of full age, who shall nave per
81 no1ths Immediately preceding tile day OF tlee-
% qnc disquahfyng clause IN the new CONSTITUTION T
se been for three years eitizep OF this State" &C. AS
y property QUALIFICATION the Old Constitution o ss1
frseIolder possessing a freehold Of tho
twenty pounds within the said county,
rented a tenement therein of the yearly
forty shnings." The dlsqualfylug clause
o Snd Pessesed %sSs eRSd S esSe
40 Of $3.50 over and above all debts and incum-
aS ccnsiitHtion said, land been rated and
md taxes TO this state" The clause about
't t,Ses SS thereon j. G. on the $3.50 freehold
the new Constitution, one OF whose
se,s n was to enfranchise men by
disabilities existing under the old constitution.
-, 90, as TO luen OF color, increase their disabilities
iu the Acknowledgement OF thousands OF The
-, -otcrs of this stAe for no ofense but color IL
r "a tens of thousands TO the new olrth OF clIl[en
a. ,,S thrust ont thousands from the rights they had
AL ~ iuyed and this, notwithstanding tlat the nrst
=, . n them equal to all declared and ordained that
M a,ni,er Of this State shall be disfranomsed' OF
Of any of the rights or pIriylegess gss
d.n.,on, unless by the law Of the land or the
H. ne Of his peers" meaning thereby except for some
= -tr,yn 10 tbe common law fastened upon him by
;endered aecOrdngto law after tiial by Judge
U Payment of poll tax and the renting 0I GA ZEN Ien
cat 10 year quaied voter nheet & ,le u, @ Olu i SOn
under the new man OF color nad ma @ 10 own i'iu M
a., elf aud have been citizen OF me state tnLee i
", s.ad OF six months. IL Is needless TO saJ that
neS have taken from choice The relaor contends oh
a. eument that the clause relating TO men OF color
all Esh IN the organic law OF The state Is nun anu Nou
an that lie enlargements OF snhrge m9oe ii9m uhe 10
tmo m rilat organic law apply TO all without oscrllnna
Ind Ast Is coDtended that the dsfranchsng clause
question is not lac in the recognized meaning OF that
&
ageinsf particular class, against whom nothng haa
beta tit. proved or charged, and that, therefore,, such
beyond tho right and power of either Legs-
hture Convention 10 pass ana make YaIl9 ana DIhuhg
AID thsi ts Court in its administration OF the laws is
Afer .aborate showing that acts Of the Legislature
must 'e s, not judgments or sentences the argument
: A4rf citing numerous authorities Mr.. Gilbert
nued II ought not 10 he necessary IN THIS connection 10
etc sqties to ne Igt 70 t0te s ETsGo @
rigAr, vesBg beneficial ana valuable interest ~ tle
person exercises It, The name gwen to this right ndi-
cafes what Is IL is called Franchise Gh TERMS Syho
OEous With liberty. These words arc defined by Black
stone tOcm E3 meaning royal privilege or branch
Of the kiHg prerogatve subsisting IN the hands OF
franchises granted by them. The granting OF the
elective franchise TO all members Of the state IN ts legal
aspects is one and the sano with granting 10 certain IN
dviduas the night 10 incorporate themselves for the ur
psse Of snd operating d canal TfTaa or
college or university. In all these cases where
franchise Is conferred ~ by grant from
nal particular beneficial interest right After the
grant made the has power 70 take 1t back
otherwise it would not be grant, but only loan 3t Will
The gtanOr Is divested, and the grantee lhIeseu W
SAYS Mr. Webster n the Dartmouth College case already
ctd "Whether the State VIII grant these and
it.e bt when once granted the Constitution holds
them be sacred till forfeited forJust eause-I wheat
The grant OF the election franchise in the Constitution
Of I'M explicit and complete as any OF Inc grants
rasby vested in each eectOr the right TO vote "a any
Of Tie grants referred to vested the subjects theTeOI III
these rigte especially in view or the provision
Of the old Consultation, which was indeed part ol the
grant Kind OF warranty attached 10 II, that no mem.
Der OF This State shall be dsiranchised or deprived OF
any Of the rights privileges secured to me subjects OF
this by this Constitution, unless by tho law Ci the
land the Judgment OF his peers" What inc phrase
na Jaw VL n se n, .snu Tl 5t m Eind esips
this State. IL means trial according 70 common law
and judgment according to the yerdlcL-WeSleTyelt
The Convention Of 1923 proceeded, lke tho Georgia
Legislature In Fletcher agt. Peck, deliberately TO take
back they
enjoyed H. Ths withdrawal they clOakcd mp in gen
era enlargement OF the franchise making men OF color
tonired before Well might tho men Of color have con-
onted this Convention Clarence did his nuFderers in
The tower, with this language:
% S s Yp B. % Spoe5ti 5 '' wSs, 31. S1S y oas S .s1
Wters u the evidence that doth accuse ne
Wat sNfu guest have giIsa their verdict %
~: b,ser Is sentence u poor csrsSds Sc5T
TO threaten With death il most utl lAua.
ehtrge ycu you hoPe fcrsuy gooinss
se st a.Ss SS SsS S'I asssais snf M 20 dsaS
But behalf Of the murdered rights OF hese there
which its existence 90 Legislature convention
but which sprung the Executive head Of the Govern
ment In the mother country, and whose Independence
has been recognized IN constitutions snn laws from the
legislative sentence Of disfanchipement and to Ordan
aud decree, with the old Constitution that no member OF
land the judgment OF his peers.
second place. the reator contends that the clause
g. Section TO- Of the Constitution Of the United States
which declares that State shall pass any bin OF
attainder post focfO law, jmpalng the obga-
ton Of After quoting from the authorities
show scope and reason OF this Inhibition upon the
states the argument proceeds It is but good morals
that States as well a individuals should do they agree
and that they should not be permitted to reap the benefit
OF an agreement and then be released from performing It
on their part A STATE, by granting ana estab-
iislhng equal suffrage on favorable condi-
Ions invites pernanency Of residence. imnii.
grafton and investments, and increases the
general prosperity 1t shall not therefore be permitted
by such acts AS these 10 deprive certain class whom
they have invited among tho rest by their fair promises
of o rights which taey had been led TO suppose they