Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1868-08-28
TEsT-OATHS AND TIE FRANCHISE
LAW IN TENNESSEE.

L@Nca -
The Inquisition prscticed upon the
same system as Missouri and Tennessee
for the villsinOus practices of tyranny
are the same in all ages. It, also, did
not hold its prisoners to be innocent IN
til they were proven guilty. 1t put them
to the torture, to extract from them con-
fession Of their guilt. 1t racked the
body, and wrenched the bones asunder,
until the poor miserable crushed and
shattered victims Of its cruelty had
hardly the semOlsnce Of hannah beings,
TO relieve itself Of the necessity Of prov
ing their guilt, and enable it, neverthe-
less, to punish it by the fires Of the Auto
DIS fe.
The modern Inquisition does not VEN
ture TO resort TO the rack, the iron boot,
the pincers and the thumb screw, as it
would like to do snd is perfoTce content
with extracting by the tender Of al oath
which those acquitted, pardoned or still
unconvicted cannot take, a confession
OF guilt, that it may punish the offence
50 confessed, according TO the measure
OF its tender mereies.
1t did not need an opinion Of the Su-
preme Court OF the United States to de.
eide such a Law void. Our modern
courts weaken the authority Of their de-
cisioDs by over-much argument, and
end by being no authority at all. The
Supreme Court should have said, IS 3
French Court would have done:
WHEREAS, The Constitution of the
State Of Missouri undertakes to require
q conclusion Of guilt TO be drawn from
the refusal Of a party to swear that he is
innocent; and upon that conclusion re-
quires him to be disfranchised
CONSIDERING, That the Constitution
of the United States does not permit 8
man to be deprived of life, liberty or
property, except by the verdict of a jury,
or by legal proceedings duly conducted,
and in this II only follows Magma Chsrts +;
and q right 10 vote is a franchise and
privilege, and therefore property:
ADJUDGED, That the Constitution OF
Missouri, in So far ss it requires such
oath, and imposes q penalty for refusal
20 take il, Is null and void, against nstu-
q AASAN ~ gNoAhCNf 0hd OVniAaAJ u TIC
Constitution, and, moreover, a law APP
propriste to be enacted by despotisms
only
The Supreme Court Of Tennessee, in
its shameful decision in the case of Rid
Ieyv. &eTbroOk, had to resort to tne
broad proposition that the people OF q
State, possessing it's sovereignty, may
change, alter, abolish or reform their
government at pleasure and that, " this
being 30, it follows that they had a right
to determine who should exercise the
rights OF suffrage"
That lie, interpreting the Language by
the actual condition OF things in the
State, q bare msjOrity of the People. in
opposition to the Constitutional proyi.
sions, which embody and record
the contract between the majority
and minority, in regard to amendments.
msy call a Convention Of the majority Of
the people who are Of their side, and this
Con ention Of the majority may EN-.
power 8 Legislature of the msjority tc
take away from the whole minority.
without assigning any cause or reason
for II, the right to vote. 1t means that,
in South Carolina, the negro popular
majority msy dlsfraRchise all the white
men Of the State.
The Supreme Court Of Tennessee had
seen q newspaper report Of the case O
Cummings. Its opinion of the decision
of the Supreme Court of the United
States was like that Of an opponent il
argument on Greek particles, of Professor
Person. Professor Person." he said
when worBted and therefore angry.
al beg leave to tell you that my opinion
of you is very contemplate" at dare
say" said the Professor II never knew
you have an opinion that was not con.
temptible." The Supreme Court O.
Tennessee said that the Supreme Court
Of the United States had only held tina
where q citizen has aR Office, employ
ment or calling, the State came
deprive him Of it by requiring 81
oath which he cannot take
But, it proceeded to say, "Thes
are civil rights, and inaliensble
and Of which he cannot be deprived b,
the people Of the State. But a pOlitica
right stands upon a very different prin
cipIe. II lie a political privilege or gran
that may be extended or recalled At tn
will Of the sovereign power" Coase
quently, though pardoned, the State car
still refuse him the right to vote, unlet
he viii swear.
That is, we say again, the majorit,
may at any time 4isfranchiss the minor
ity, even without any cspss. In Ten