Year: 1867




gated, we declare that everything in the
bill Of rights contained is excepted out
Of the genera! powers Of government,
and shall forever remain inviolate.


And now let me ask, gentlemen of the
Legislature, why should you by iDjudi-
cious aud unnecessary delay drive the
people OF Tennessee to the exercise Of
this unalienaSle and indefeasibe right
to alter, reform or abolish government"
which they think grossly oppressive in
its operation? Why provoke a fierce
and excited contest with those who,
though heretofore most cruelty wronged,
are desirous, for The reasons already
stated herein, that their deliver
ance should come from those who
have heretofore held them in servitude ?
Does any one of you suppose that there
is anything in your famous disiran-
chsement laws Of power to de-
prive the one hundred thousand
freedmen subjected to its cruel opera
ton of the right to participate in the act
of bringing into existence Convention
for the reformation Of the present Con-
stitution2 Can it be possible that any
intelligent member Of your body does
suppose, that, in point of fact, any por-
ton of the citizens of Tennessee have
been legally and effectively deprived Of
the right to vote in elections by the en-
aetments referred to2 If such person
can be found in your midst, | do not ask
to lay before him all the solemn adjudi-
cations of the great question involved
which have from time TO time emanated
from courts OF the highest resort, both
in Great Britain and this country. l
only ask of him to give me his attention
whilst l declare to him that this very
question was settled in the State of New
York, as early as 1884, and that Alex
ander Hamilton, in one of the most
mastery and conclusive arguments
which ever emanated from his gigantic
mind, then satisfied all America that,
under our Republican system, it was not
constitutionally competent for any leg
islative body, by single sweeping en-
actment, to disfranchise whole classes
Of free citizens.


Pardon me for calling your attention
for few minutes to the language of the
illustrious constitutional lawyer just
named, on the occasion alluded to. An
attempt was made to disfranchise by
legislative enactment the Tories who
then inhabited the southern district Of
New York. II was alleged and admitted
to be true, that these persons had uni
ted, openly and zealously, in the war of
independence, which had then just ter
minated, with the British Government,
and had continued to prosecute hostili-
ties against our colonial fathers up to the
termination of the contest Mr.. Hamil'
ton, though staunch and jealous Whig,
who had particularly distinguished him
self as champion Of freedom, was so
much shocked at this monstrous attempt
to break down what he deemed one of
the most valuable safeguards of Liberty,
that, though the individuals whose dis.
franchisement was sought, were acknowl-
edged Tories, he enlisted his great abili.
ties in the pending controversy, and in
series of well written numbers, dis
cussed the whole subject in manner
that left no room for doubt that the
measure in question was altogether un.
authorized aud invalid. / shall not trou
BILE you with extensive quotations from
the argument of Mr.. Hamilton, but will
content myself with laying before you q
few of the most striking portions of it.
He says: "Let us not forget that the
Constitution declares that trial by jury,
in all cases in which it has been formerly
used, should remain inviolate forever
and that the Legislature should at no
time, enact any new tribunal which
should not proceed according to the
course Of the common law.


Nothing can be more repugnant to
the true genius of the common law than
such an inquisition as has been men,
toned into the consciences of men.


"a share in the sovereignty Of the
State which is exercised by the citizens
at large, in voting at elections, is one of
the most important rights of the subject,
and in republic, ought to stand fore
most in the estimation of the law 1t is
that right by which we exist es free
people, aud it certainly, therefore, will
never be admitted that less ceremony
ought to be used in divesting any citizea
of this right than in depriving him of his
property. Such doctrine would i'll suit
the principles of the revolution, which
taught the inhabitants of this country 60
risk their lives and fortunes in asserting
their liberty or, in other words, their
right to g share in the government.
That portion of the sovereignty to which
each individual is entitled can never be
too highly priced. 1t is that for which
we have fought and bled, and we should
cautiously guard against any precedeuts,
however they may be directed against
those we hate, which may, in their con.
sequences, render our title to this great
privilege precarious. Here we may fnd
the criterion TO distinguish the genuine
from the pretended Whig The man that
would attack that right, in whatever
shape, is an enemy to Wbigism."


On the same occasion Mr. Hamilton
said that the Legislature could not, and
cannot without tyranny, disfranchise or
punish whole classes Of citizens by gen
ersl descriptions, without trial and con-
viction Of offenses known by laws pre-
viously established, declaring the offense
and prescribing the penalty. This is a
dictate of natural justice, aud funda-
mental principle Of law and liberty,
Nothing is more common than for free
people, in times of heat and violence, to
crafty momentary passions by letting
into the government principles and pre-
cedents which afterwards proved fatal to
themselves OF this kind is the doctrine
Of disqualification, disfranchisement and
banis6ment by acts of Legislature. The
dangerous consequences ofthe power are
manifest If the Legislature can dis
franchise any number Of citizens at
pleasure, by general descriptions, il may
soon confne all the votes to a small
number Of partisaDs, and establish an
arisfocracv or an oiirarchv