Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1869-10-03

prONlde fOf the election or It's deie-
gates, and give the Legislative con
sent Of the people thereta by act of
Assembly.
The power, indeed, is beyond sue
cessful question or denial, because it
Fa well settled principle OF. cohstitE-
tiOnal law, affirmed and reaffirnled by
the Supreme Court of Tennessee, that
the Legislature can DO all things not
pn0hibiled by the Constellation Of the
State or of the United States. The
power to call such Convention Is not
prohibited by either Constitution, and
therefore the Legislature has the DOW
er to call it if it deem it polite TO do
so.
If, then, the Convention should be
called by the Legislature, by act of as
sembly, and the mode Of election Of
delegates prescribed, and the
time and place OF its sessions pro-
vided by law, the delegate elected
thereto would be a civil officer of the
highest Legislative character, under
the State of Tennessee; and if such
person had previously taken the oath
to support the Constitution of the
United States aud had participated in
the i~nsurreetion, he would be obnox-
ious To the prohibitions intended by
the fourteenth amendment.
But there Is something more to be
done TO make the ineligibility of this
class eftectual. No lawyer viii deny but
thatthe fourteenth amendment is high
ly penal in its provision and effect, and
must stand in the Constitution as a
dead letter, until carried into effect by
an act of Congress, specifying the class
OF persons cOn1prehended in it, dein-
ing the character of the OffenSe that
violates it, and annexes the penalty
for its violation. / could cite many
authorities in support of this PROPOSE
ton; but it seems to be too well es-
tablished and understood To require
the labor. And last, though not least,
until the guilt of the person or persons
of having taken an oath to support the
Constitution of the United States, and
of having participated In the insur-
recti0n, shall hare been .judiciOGsy as
certalned and determined by a iury
under such Congressional act, in a
competent tribunal, the Rebel may
hold any Office, civil or military, under
the State of Tennessee, so far as the
fourteenth amendment is concerned.
/ fanact OfCOngress should be passed
to carry the fourteenth amendment
into effect, at the next session of Con-
gross, il could only operate in dt-
tlp'e and take effect upon persons
elected to offices under the State
after its passage and publication: for
otherwise it would be an eT post fdctO
law, which Is expressly forbidden by
nnNehEa nlasura II fl gA-AsW-Ns--
This principle has been fully settled
in Cummings vs.. Missouri, reported
in the ith volume of Wallace's Re-
ports, and by numerous other de-
cisiOns of the Supreme Court of the
United States.
The conclusion, therefore, is that the
Legislature has the power to call a
Convention to amend the Constitution
of the State, and that persons who
have taken an oath to support the
Constitution Of the United States, and
participated in the instruction, may
be delegates to that Convention.
Hence il is to be hoped that this
large class of gentlemen throughout
the State, whatever be their opinions
on questions of public policy, until
some of them shall become candidates
for public favor, may be allowed to
rest i'll peace under this impending
sentence of constitutional Ostracism,
inflicted on them by International ven
geance.
They deserve to be treated with the
tenderness and respect due by Con-
federates to co-Confederates; by Con-
~servatives to Conservatives by Demo-
tn fAATfn nRF@lf - ~ = alaGE of man
whom the United States have deemed
tiOnal amendment, civilly dead to all
future promotion and public hOnors.
Nothing could be more uncivil and
~ungraceful, in any cO-COnfederate,
whether leaders or not, than to turn
Kings evidence at this late day
against Confederates for Confederate
acts, even though it win the mOmen-
tary applause of Radical prosecutors,
and entitle the witness as an accom-
plice, 10 a nOde prOsegii in his favor,
for his participation in Confederate
crimes"
1t is the instinct Of the Loop
ard to respect the spots ofthe leopard,
and the serpents are said to live in
concord and harmony in their dens;
and shall it be said that cO-Confeder-
ates, equally committed by their
deeds, and by Il community of guilt
or glory, as time and history shall
hereafter pronounce to the same ''lOst
cause" of the dead and living, shall
not dwell together in the bonds offra-
ternity and mutual liberation of opin-
ions in the performance of the duties
of the hour? H.