Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1859-04-08
NUMBER $50.

said Stephens had solsnny declared ss taaa A. ala,
not believe the Bible was true that be did nos BE-.
lisVe in The existence Of Gcd that he did act BE-
lieve tat nan had aDg soul thst be vas l5zs ne
beasts: vet his breath his sOal Rhza wa stem
ped thai. bis soul Eas Destroyed. and that vas The
cad { maB The court refused % admls tais esi-
deLo but STA Cd that The defendaat might inouira
as to the general religisa0 reputation Of stephens;
or might call Stephen and iDtsrTogae hin a. 10 Ia
religious beiief The defendants counsel declined a
20 DO either Il admiIiei that ne sen inenfs
imputed 20 Stephens IL really entertained repdsr-
Cd nm incompetent 10 testify witness; and he
' oay question s:as % iss Rsie Of proof. Usoa
tbs point differences prevails IL prsetics Me-
Greenlsaf states the ordinary mode Of showing this
objection to the competency Of q witness is q 81
evidences OF bis dseiaraoaP, previously nada e
Seae,si Vol l; sec $40, sod note ?. IAad aeesFd-
ing TO s'ms 81 The au' boities referred 70 IN the
hote lt Is not adnssibs % enquire Of The witness
$50 - % ais re iei US bsiet Ga ihs ether haad Mr.
S's,sey lsys Il down tvsl !, p l2l,l ths;. fore
the witness takes the oaih he nav Be -s.tb.r
| he believes in the existence Of 3 C,,d 4, 81, 49,
gatlen OF an oath, d in fafas aie Of rsvurss
aod punlshmentsi AID IL he does nj he sasDot IL
| admitted to give evidence We have held rsssnily,
IN case rot reporte1 that tbs parry ssekiseto *
| clude witness on this greand nay ad,p, eitbs-
mode Of proof; and We adhere 70 ibis de;eTunalsoa
/ IS the better practice. IL the Ftnss5 really dlsre-
/ CARDS the Obligation Of cath. would seen 10
be nelther safe nor consistent 70 bis az.
animation. II be has Voluntarily agoEod his dis q
belief, We p REEVE no reasen ahy chs shoalI al q
be proved in the sane manner IS > Seer fact. The
question whether his declarations . r guide hls
faith Rave been correctly unieFsia5d IsIrsseai>
ed, as also the q1tsiin. Vhs'ber ais opi.toa kas
undergone change Esll Be open 20 proof Of liks
character. f--s rrs-es- rerr4r
idenee offered Bat, in the instruouops % Jhs iary
We think there is no
Judgn mt reversed. MsEEszz.
A true copy. Attest, c NELsOs. Clsrk.
Tie STATE Va oiaessey.
Iae dsieodant va Prsssn'ed ~ tae Grsud jury,
AZ the February term, 1857, hs Circuit Curt of
Knox, tor ths ttfense OF iisegI vo,iaR The fse,s
Of the are, that the escsioa Tor electors Of
President and &c President q the United States
Ia NsFenbers 1896. aha dsfendant his vote -
net thea b.ing q legally qaal.hed voisr. seeordiEg
10 the constitution snd Of Tennessee As il a.
legged The 6isqaaif:a ion OF The def ndsns t. u.
ia said FL elton. upon which the Proseeufioa 4
founded, Is that, btiog an aiisH born be Rot 80
nauraliz six mouths preceding The dly Ct SAID
elSeticn-his naturalization and admissi as ct,
izsn Of the United SIages having Iaken plaza Eflk.
in that period Of time. Ga the motion Of the de-
PENDANT the Erssen nj quashed b his H0Ror.
the Circuit Ja5g', and the case cane Ills Court
by an appeal in error on behalf Of the ATE. Tke
sOlusisn Of the question Wbe her defend.
ant was qasls6ed teF, depends upsn The con-
struction 20 be given 20 the first Section " the fourth
article # the amends ID oOnstiiatiO Of 1884 which
is folloWss Every free While man Of The age ef
States, and citizen Of Ihe county wherein be may
efer bis vote, SIX months next preceding the dag
Of election shall be entitled 70 vote for Members 81
the General Assembly and OCbsr civil cfhcers. for
the county district in which be rssidss - M
For the defendant il is argued, that by the proper
construction Of this section, al that il requisites
constitute person Of foreign birth quaii voter
is simply that in The drsf place be should be CT
iTsn Of the Uaiie States ths time Of oGtriBg his
vote regardless OF the time when be nay have bsan
naiHrazed, Ehsther sh the day before The sleeiion
or six mon BIS tefure-tls the Hords-Bsiag citi-
Of the Uhited Stsfes import nothink more thaR
that be shall be a-Citizen Al the tine he ire sss
to vote. And, in the Rsxt place. hat he shah nave
mad his fixed residence in 1 . lunty ia ahisA =
he may offer his vote, the length OF tine pre-
seriesi; that Ia the phrsse, I" eitizsn Of he
county" the term ofzsu assd, nos 10 iis
technical or strictly appropriate sense kui the
strongest, aud perhaps Ehe NEST appropriate s0rd
that eJu.d have been chosen 70 express the itea
supposed TO have been in the mind u The Dor 81
the section, namely, affixed. permanent domiciI Or
place Of abode. These requirement. il Is ia
sisted, sre all thai IS made necessary to cattle
nAturazed citizen 70 exercise tie privilege Of Vo-
ing On the other hand, il IS eOaten1ed By The
counsel fer the prosecution, that ursliz cit
izen is not gty quailfed until &c sr PRO.
baton Of ~ least SIX months To the tine Of his
naturalization; ia other WORKS, that he Eust no.
only have residence in the o0ua J Elersin he may
offer his vote, Fix menths PTeesdng the eltctlon,
but that he must likewise, during sI ths' period,
have tesn invested with tAe ATTRIBUTES aud chzz-
aCleE OF eiEE7n q me I0lteQ HtoLess POSSESSING
al the qualifications necessary 10 the exercise ~
the elective franchise That Fhs steitizsn'.--
with reference to the county In VII Oh the person
may Teside-ihough subJees ieism, Essessari-
ly implies citizenship we'll as fxed residence ter
the full period Of Elk moaths previous 70 The day q
eli cioE. The question Is one Of more difie0lsy
than AZ FIRST visW might be supposed; and the op-
pOsie views Of counsel haVs Seaa maintained Wiih
much force ana Ingenuity Of aFgumsn'. EitheRs
PsrPlexing ourselves vita the rieaeiss and ns7ss
Of the argument, thers il toknid-rali5n Thiob,
We think may serve 20 guide 10 correct o5a-
eusion in The construction Of this provision o. tas
coBSti uIion.
The Journal Of the convention 10 which, We cup
pose, il is admissible refer, for the parp0ss 81
asesrisining the In which particular words
phrases may have been used IN the constitution,
shows, that in The dram Of the EssiOn in 9uestloa
reported to the body from The somni.lss Of che
whole, the words Eau nhabiiaEL" we're nssd, ssd
motion, these words struck out, aud tsoiii-
Esn' inserted in their stead NV whatever nag
be said in respect TO the want 0f exact verbal pre-
prey in the Of the word ''eitizea 10 fhis con
BeetioD must suppose that tile e0nEeniiOa means
something by it. Aud. in cur in gmsnt, 20 other
conclusion can reasonably be Aeiueed than this--
ii il vas inisadsd, by the change OF phrassoOgy,
80 convey the meaning in the nosi emphsne f5rn q
expression, that should be entisd 70
exercise the privilege Of voting, Hho hsd net been
9 member Of the body POliue, and lkesiss = -
psrmane II resident Of the local division, or
county. for the period Of SIX months Immediately
preceding the day 81 sle 5tion. The conditions o.
this section Of the constitution cannot in Opns
ion, be fulfilled upcn spy other construction And
this exposition is free from the inpuiaioa Of any
hardship or iuVi1ous discrin naii5n regards ast
uraliEed cit Il puts them On sxsetiy equal %
footing with natural born citizens, innigraiin9 70
this State from other States Of ths Union; sad on
the sans footing too. with own citizens, re-
moving from county 10 another IN this state. al
Of whom sGs disqualified to vote, until sx meniks
amer their removal the county in which they mag
have fixed their residsoes II may be remarked 100.
that this cons rucion Of the constitution may tend,
in some degree, 20 check very serious prscfieai
evil in the judgment Of all right thinking -ths
mischeVous struggle, In soma quarters Of the eoan-
try on the OF election, TO manufsetErs votes
for the occasion, no matter how
Il follows that the judgment Of the circuit eo1rs,
quashing the psesenfmens. Is srroBsous Il will BE-
revered. and the defendant Wlll be remslded 20
a..