Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1871-02-25

consideration visits upon Df. Mixer, m 4
the case supposed, disqualification 10 hold
a. seat in the SGnate, zinu palPable violation
of these three provisions OF the Consti-
tution.' ITO aH
During this part of Mr. Carpenters re-
marks, MIR. Morton, of Indiana, asked
him question. The statute Of July II,
1852, disqualifies a man under certain
conditions from holding Office lMElMor-
ton put hisgues,ion thus: -rIa ii7S7iif--
T.sThis statute disaualifies the, man, not
because he has been convicted of trial,
but it disqualifies him because he is guilty
Of the offense;, AMI if his guilt appears
apon his own confession, ! ask if it does
not establish the disqualifcation2n "a Il
To which Mf Carpenter replied as fol-
pW WS5::5sr7-ssnibo9oOI1 s'Eao L1'u.
s'That depends upon another very OBJ
7ious question: whether the Constitution
can triumph over this act or whether this
act can silence the Constitution. This is
all there is about X. daughter. ! If you,
viii cODstfue the act in that way, think
| you do it great injustice; but if you viii
oonstruc il 50, there is no doubt il is un-
I constitutional No, man can defend it.
But you, do the greatest injustice, ! think,
when you give it that construction. Here
Pts the first,section providing thato every
person who shall hereafter commit the
crime of treason against the United States,
and shall be adjudged guilty thereof, shall
suffer death, and all his slaves, il any
shall be declared and made free, etc
Then comes section two, that if any per-
son shall hereafter incite, set on foot, as
sist, or engage in any rebellion, etc. ;,
and be convicted thereof, such person
snail be punished;' and SO on. Then sec
| ton three: II. 30 .-., .-.
+ THAT every person guilty of either
of the offenses described in this act shall
be forever incapable and disqualified to
hold any office under the United States.
eff the words 'on conviction were
dropped purposely, and it was intended
by that act TO visit the punishment of a
crime upon man without conviction,
then say your act is unconstitutional;
and / say so upon the ground that the
Constitution was intended to accomplish
results. This Constitution, in its fair
spirit and meaning, says that no man
shall be held to answer, and much less be
punished for crime until he sball have
| been indicted. -... ..... -
But, say the Senator from Vermont
and the Senator from Indiana, the Con-
stitution sticks in the bark; it protects
| II, ~ n form. ~ eouac Won q oare but
the substance Congress can take away.
VIVA! is the object of this safeguard?
| What benefit is it to me if | have COM
mitted treason, that | cannot be com
PEELED TO answer in court without an in
dictment, if l may be punished without
answer 1t is an attainder act as far az
it goes; it is an act which visits punish
ment upon a man alleged to be guilty,
who has not been tried and convicted.
Can it be possible that any lawyer in this
! Senate can maintain that Congress can do
such q thing2 If l am right IN asserting
that exclusion from Office is punishment
and that is not my assertion, | am the
/ most modest man on this occasion you
/ ever saw; have asserted nothing; ! have
referred to the cases which have so de-
| cided-if that be true, then is not an act
of Congress which provides that citizen
shall be punished without a trial clearly
/ unconstitutional!
'If this be not IS claim, then is the
/ Constitution an Illusion, q cheat, keeping
''tnc word of promise to the ear and
breaking il to the hope.
1t may happen that in particular IN
stance, owing to mitigating circumstances
of general notoriety, the grand jury of
the district will not indict man who
! is supposed tOhaVe been guilty of treason.
| Now in such case the Constitution says:
| No man shall DE held 10 answer for a
capital or otherwise infamous crime IN
less grand jury shall indict him.
''But says the Senator from Indiana,
we will show you a trick worth two of
( that; true it is we cannot compel you to
answer and go to trial, but we can punish
you without trial. Laughter Nh.
President, l confess establishment at such
! laWless doctrines from such a source.
The Constitution of our country is in i'm
minent peril when such theories are
openly promulgated in the Senate of the
United States.
I'm this connection desire TO refer a
little in detail 20 this case of Cummings
Is State of Missouri, and | will ask the
Clerk TO read passage from the opinion
of the court, which have marked
The Chief Clerk read as follows
''The disabilities created by the COnsti-
tuition of Missouri must be regarded as
penaltics-,hey constitute punishment.
We do not agree with the counsel of Mis-
sOuTi, that to punish one is to deprive
him of life, liberty or property, aud that
to take from him anything less than those
is no punishment at ALL The learned
counsel does not use these lerms-life,
liberty and propeTty-as COmprehending
every right known to the law. He does
not include under liberty freedom from
outrage on the feelings as well as restraints
on the person. He does not include IN
der property those estates which one may
acquire in professions, though they are
often the source of the highest emolu-
ments and hOnors. The deprivation of
any rights, civil or political, previously
enjoyed may be punishment, the clrcum-
stances attending and the cause OF the
deprivation determining this fact.
disqualification from Office may be
punishment, as in cases of conviction
upon impeachment. disqualification from
the pursuits of q lawful aVocaiion, or
from positions of trust, or from the priv
ilege of appearing in the courts, or acting
as an executor, administrator or guardian,
may also and often has been imposed as
punishment. By statute 8 and 10 Viii
liam III, chapter 80, if any person edu-
Gated in or having made confession of
the Christian religion did, by writing,
printing, teaching, or advised speaking,
deny the truth of the religion or divine
authority Of the Scriptures, he was for
the first offense rendered incapable to
hold any Office or place of trust; and for
the second he was rendered incapable of
bringing any action, being guardian, ey-
ecutor, legatee, or purchaser of lands, be-
sides being subjected TO three years i'm
prisOnment without bail.
'By statute George |. chapter IS.
C,ntempts against the kings title arising
f7tm refusing or neglecting to take certain
prescribed oaths, and yet acting in an
office or place Of trust for which they
were required, were punished by inca
pacity to hold any public office; to prose
cute any suit; to be guardian or executor:
to take any legacy or deed of Gift: and TO