Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1870-07-29
FRIDAY MORNING July, 20, 1870
DEMOCRATIC NOMINEES F0R SUPREME
COURT JUDGES.
DEMOCRATIC TICKET.

JOHN BROWN--For County Register.
ALBERT N. sFEPHENs.-For Attorney
General Of the Bartlett Court.
OUR neighboring AraiGache is a
prodigy. Having taken sides at a
safe distance, and it may be profta-
bly,, with Prussia, it has abundant leis-
ure to watch every utterance Of the
APPEAL with a hawk-like vigilance,
TO find flaws and show inconsistencies
and short comings. These are its
specialties for the dog days. But for
its misfortune in being blind, either
as those who will not or cannot see,
it might get to be something Of a
power after a while by sufficient per
~sistence. To demOlish France and the
APPEAL at the same time would be a
considerable achievement, and, be-
sides rendering it immortal, give
ii somewhat of popularity with GER
tain readers. But blindness is some
times fatal to great enterprises. 1t is
impossible for the AralGRche to see
how the position Of the APPEAL and
that of the Democratic party against
the XVIII Amendment, as unlawful
and no part of the Constitution, is to
be harmonized with the proposition
in national politics to leave the adj
justment Of the franchise to the States
themselves, rs individually sovereign
over that subject, each within its own
sphere. The distinction between a
denial of the right of Congress TO
create and enforce a so-called "amend-
ment" in defiance of the whole
spirit and meaning of the
Constitution, and which, with a pre-
tense Of acting in pursuance of the
provisions Of that Constitution, I'M
lawfully tramples down the rights
of the States reserved on It's founda-
ton and adoption, our neighbor is
either unable or unwilling TO sec. In
this issue the question of the franz
chise is not involved, but the rights
Of the States. The matter TO be de-
termined by thepeople is not whether
negro suffrage shall be the law of Ten
nessee or any other State, but whether
Congress and the Executive, without
a violation of the Constitution, can
dictate TO a State any law, good or
bad, as 10 the franchise. This in
wolves the question Of the legal pos
sibility Of a XVIII Amendment, short
Of the authority Of the people
acting in convention and in their SOW
eTeign capacity, as well as the inquiry
into the recent usurpation OF power
by Congress through the bayOnet, and
the pretended Intervention OF States
which were powerless, with all the
frauds and iEiquities by which the So
called assent Of three-fOurths Of the
States was enforced andacc0mplished.
What has been done in this matter
has been done really by less than one
half the States, acting under the par
~ whip and spur, and debating to
and controlling the others by all the
infamies OF force and fraud. This is
ua-American, in conflict with the
Declaration Of Rights, and with the
fundamental principles of Ameri-
can institutions. 1t is despotic, im-
perial, tyTannical, and in direct an
tagOnism 10 democratic and republi-
can theories. Does a usurpation of
Congress and a false and only pre-
tended expression OF the will of the
people Of the United States become
real, valid and obligatory, only by
virtue Of proclamation of the Presi-
dent, based on a false assumption Of
the fact Of adoption? Whatever may
be true praaG JGcie, and however we
may be bound to obedience in the alb
sence Of adjudication Of the subject, |
this is an open question, and more, a
plain outrage which the National
Democratic party will undo. When
the question Of the suffrage is pre-
scented, lift ever should be hereafter,
it will be time then to discuss and
adjust it as justice and expediency
may direct, having due regard TO
the true interests OF all races and the
''greatest good Of the greatest num-
ber."
The AraL0lehe asks US why We do
not disregard the advice Of the
Democratic address, and advocate
the election Of persons under disa-
bilities." We answer that being I'M
der force We obey force. We sub.
NIT to the orders of the tyrant. But
we shall not follow our neighbor to
self qualification in the admis-
sion that usurpaiiOns become au-
tholitative and their support OBJ
Iigatory the moment they become
accomplished fact.
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