Fayetteville observer. [volume] (Fayetteville, Tenn.) 1850-1966, 1866-05-24
The Constitutionality Of
the Franchise Law to
be Tested.

be rested.
Charles S. Cameron, Esq, adj
dressed note to the Sheriff Of
Shelby county, a few days since,
asking him whether he intended
to hold the election for District
Attorney on the day appointed by
law as laid down in the Code. Mr..
P. M. Winters, the Sheriff, replies
under date of the 18th inst. as
follows:
"My duty as Sheriff of Shelby
county is to execute law, not to de-
eide upon its constitutionality or
unconstitutionality. The act of
the Legislature known as the fran
chise law, section II, provides
That no election shall take place
until the registration provided for
in this act shall be completed in
the county, circuit or district in
which said election shall be held
If the registration contemplated by
said act is completed as provided in
said act, and writ of elections is
sued to me, as in said act provided,
by the Governor of the State of
Tennessee, I shall hold said cleo
ton for Attorney General; if it is
not, | shall not hold said election. !"
The Memphis papers of the 18th
inst. contain the following ad-
dress:
To the Electors of the Fifth, Thirteenth. Four
tenth and Fifteenth Civil Districts Of Shell
by County:
GENTLEMEN: The Legislature
of the State of Tennessee has
passed an act DISTINGUISHING four
fifths of the voters of our State.
For the sole and isolated purpose
of testing the constitutionality
of this act, before the courts of
the country, l propose to offer
myself for the Office of Attorney
General for these districts, on
Thursday, the oath of the present
month, the day set apart by law
to hold said election. Article 4,
section l of the constitution of our
State reads: "That every free
white man, of the age Of twenty
one years, being citizen of the
United States, and a citizen of the
county wherein he may offer his
vote six months next preceding
the day of election, shall be en-
titled to vote for members of the
General Assembly and civil officers
of the county or district in which
he resides" Section 2, of the
same article, reads: claws may be
passed excluding from the right of
suffrage persons who may be con-
victed of infamous crimes"
1t is needless for me to state that
the present Franchise law is in di-
rect conflict with these plain pro-
visions of the Constitution. 1t is
also clear that the Legislature can
only exclude from the elective
franchise who have been duly con-
victed of infamous crime.
The present Legislature has
trampled under foot these just and
wholesome provisions of our Con-
stitution, for the purpose of fasten-
ing their rule upon this people,
and of placing it out of power to
remove them from office.
Section S23 of the code provides
that the election of Attorney-Gen-
eral and Reporter, and District
Attorney-General shall be holden
on the fourth Thursday in May
every six years counting from the
fourth Thursday of May, 1854
From this it will be observed that
the election for Attorneys-General
for the entire State takes place On
Thursday, the Oath inst. Section
S34 of the Code provides that if
the Sheriff, or any other officer
whose duty it is to attend at a
particular place of voting, under
the foregoing provisions, (refel red
to in sections $50, S41 and S42)
fail to attend, any justice of the
peace, present, or if no justice of
the peace be present, any three
freeholders may perform the du-
ties prescribed by the preceding
sections, or in case of necessity,
may act as officers or inspectors.
These provisions place the cleo
tons absolutely within the control
of the people, and out of the pow
er of the governor, sheriff, or 9th
er public officer to prevent yoe
from holding your elections.
therefore propose to hold the
election under the code, through
tbo oronny, Of fbron froaboldoru DC