The Nashville daily union. [volume] (Nashville, Tenn.) 1862-1866, 1865-07-06
fhe FranthIse Ia sasIaIRed.

0omocThtc press o. TIE otAte OF len
neszee. He leaves thousands Of friends
Who zill lament his unfortuuate death.
che Franchise Law Sustained.
We made mention, Tuesday, Of the fact
that 1fr. John F. Sale, of Memphis
who claimed to be loyal citizen, who
had never bees participant in the re
bellion, had been refused q certificate
OF registration as voter. under the
franchise Law, By the County Court
Clerk, because he would not undertake
70 prove bis loyalty;--and that be had
fled Position before Hon. VIM IL
Smith, Judge Of The Common Law and
Chancery Court of Memphis, praying for
q u4ndamus against the Clerk to com
pei him 70 issue the certificate as de-
lnanded. The cause was tried On the
asth uit, and on the morning Of the
10Th. Judge Smith rendered ais decis>
ion sustaining the Franchise Law, re-
fasing the mandamus and dismissing
the petition. The opinion Of the Judge
is published at length in the Bnlletin
Of the 30thL Il Of great importance
as g judicial expression Of opinion rela-
tive 70 the legality Of the amendments
10 the constitution, the authority Of the
legislature which enacted the franchise
law, and upon the question whether the
Law Is not er pest faeto and, therefore,
contrary to the provisions Of the Con
slitntion Of the United States.
Are the amendments adopted by she
Convention assembled in Nashville in
January last, and submitted to vote
Of the people on the 2zd Of Fsbruary
Last, part Of the constitution Of Ten.
nessee2
The decision Of this question" the
Judge says, belongs to to the politiea
and not to the judicial power. Thii
ioctrine has been established by III,
supreme Court Of the United States il
the case Of Luther va Borden III
Howard, pagsl. The princi
pie is, that whatever the political pow
er declares to be the paramount Law o
the State, the Judicial power IS bound
10 recognize as ruch.
The political power Of the State OF
the 22d Of February last and sometim,
subsequently, was vested in Andres
johnson, the Military Governor. Their,
was no other government loyal to th'
United SEAtes-no other, not in opet
rebellion against the United States
On the 25th day Of February, Cos
Johnion issued proclamation de
cl&Eing tbs aforesaid amendments 4
part Of the permanent Constitution and
supreme Law Of the State Of Tennessee,
70 be so held and regarded by tbs
people thereof. A
After this proclamation an election
was held OH the 9Th Of March, lS65, Al
provided for in said schedule, for Gov
ernor and members OF the Legislssure
who were accordingly elected and in
stalled, and became the political powel
under said amended Constitution. II
may be further stated, that the Presi
dent Of the United States has recently
By public proclamation, tally recog
nized the present State Government
setting under the amended Constitution
rs the political power OF the State o
Tennessee, and declared the State M
longer in rebellion This question
therefore, Is for ever settled and at rest
and the amendments adopted on th
I'D oi FebreHEy, 1865, must henceiortI
be regarded by the Courts aid obeye,
BY the people, as 3 part Of the suprem
law Of the State
incidentally the Judge decides tha
The President had the authority 10 g
tahlish civil government and appoin
Governor, when the Federal force
took possession Of the State. (See eros
vs. Harrison, l6 Howurd's s OR, lSq
LsiteDdersor va Webb. 20 Howard, l76
The Judge continues
Bat il IS insisted hy the counsel fo
the IelaioF. that as section 9 Of mi
sebednle does not expressly ahroqat.
section ], u Act l. Of the old Consiitn
to, said section must be regarded a
stiii IN force; and, consequently. III,
Legislature hrst assembled under "a,
new Constitution, could pass no sci
connicung With said section. II thi
posltion be correct The Conyentio,
meant nothing - all BY section 3 OF ia,
scaedeif, and Il must be regarded - ,
~ said section I, Of Act 4, Of The old
S9nssateuoo, every Tree white man. o
sge e. tHenty-one years. q citizen d
zoe oAited states, ana q citizen j
TIE county IN which be offers his yo,e
81 months etc, was emitted al 49,
lhas was The supreme Law Of tia 49,
when The Convention szsemhles -
enacted, N section Of the sche6pls
hat "a gaatfaoafiess q uolsTs asf a. So,
Sst.oa q ths fisesirs 5r1nc&ise may be a.
termined ~ The General Assar,b IN,
~hich shall hrst assemble under IA.
Amended Constitution 50
he mere policy OF these sectiops q
NE oia and amended Conssitatiop N
Ja2laPosltion seems a sufficient aps,ra,
20 ne argument The old and neu
law being in conflict. tie lstier us',s,
7sand | blackstone Com. 81 I NJ,
Old law vas Art 1, Sec 1 of tae olS
Consttatlon-ihe mischief Vas the nm
united night q voting, and the remedv
J. s0e restriction Of TINS rieht aAns
y Z the business Of the Judges 80 n
oepstsue The Law, 50 20 suprresr ,bs
1alsealst and advance the remear.a n
1lseks'one q Section 8 OF he ssb.-
u.ls .nest ee ~ Consumed a. % rive d
o.,.s meaning if Il means an5thinr.
= esslAiniy conten on the Leg,slatats
IL, . assemble, tie power he ~ - !
faAlsneaiioaa, Limitations, and ressr;,'
l.ons On TIE privilege Of voting. ~S;.s
-. 10 posed b the old Constitutio.,
mas. hold therefore tia. 10 - -.
isAAtare has the power "a ir,,,,s,' a. =. {. s