Daily union and American. [volume] (Nashville, Tenn.) 1865-1866, 1866-05-05
THE following protests against the passage
of the Franchise bill by the Senate were sub
mitted in that body yesterday, by Messrs.
Frasier, of Knox, Carrigan and Mcfarland:
PROTEST OF SENATOR FRAsIER, OF KNOX.

Mr. SPEAKER: The undersigned respectfully
asks leave to present his reasons for his opposition
to the action of the Senate in adopting the bill on
yesterday known as the House Franchise bill,
which briefly as follows:
First That the bill is unconstitutional, as 1t Is
an enactment to punish large class of citizens OF
the State for an oitense committed before the law
was passed, and is therefore an er post Jdcto law
which is expressly forbidden by the Constitution.
Secondly. The bill proposes to lessen and
abridge the privileges of at least two-hlrds OF the
people of the State when the Constitution eX-
preSsly declares that " no man shall be distressed
of his privileges only by the Judgment of his peers
and the laws of the land in other words, by
trial and conviction before a court andjury.
Thirdly. The bill proposes to exclude from all
participation in the Government very large
class, and invest another class with all the power
influence and control of the State Government
This is to legisate for class, and is also forbid
den by the Constitution.
Fourthly. The bill proposes TO invest minori-
ty of less than One-third of the citizens of the
State with exclusive power and authority to make
laws, levy taxes and impose burdens, eXactiOnS
and requirements upon the other two-thlrds with
out their cOnsent-thus establishing an iTrespOn-
sbe aristocracy, in direct conflict with republi-
can form of government and subversiye of both
the Constitution of this State and Of the United
States
Filthy. The bill proposes to subvert and annul
the proclamation and amnesty and pardon grant
ed BY the Chief Magistrate of the nation. thus set
ting the laws of the State in direct conflict with
the General Government, amounting practically
to rebellion.
SiXthy The bill proposes to Erant powers and
privileges to the Executive that are, in my OpIn-
ion dangerous and suGversive of liberty.
Seventhly. The bill proposes TO establish and
organize Courts in every county III the State to
try men for crimes from which there Is no appeal
which is not sustained by law, and is in conflict
with the spirit Of the age and the assent OF all
civilized nations.
EighthIy. The eth section of the bill proposes
20 admit to the ballot box all soldiers in the
vice of the United States: By this section there
will be some 10000 cOlCred soldiers invested with
the franchise, while all Of this race who are not
soldiers are excluded. This Is evidently lcglsla-
ton for particular class. and making dlStnc-
ton on account Of color, which is clearly and pos
itively forbidden by the late law of Congress-
known rs the Civil Rights bill.
NinthIy. The bill a. n whole Is cumbersome
and offensive. and not demanded by the exlgen-
ccs of the laws or approved by a majority OF the
people.
Tenth and lastly. The bill requires me, if l
should vote for il, 20 violate my solemn oath, to
which | have subscribed and sworn when en-
tered this body, which was in these words: do
solemnly swear rs a member Of this General As
sembly. that | will in all appointments vote with
out favor, affection, partiaity or prejudice, and
that will not propose or assent to any bill or re-
solution which shall appear to me injurious to the
people, nor consent to any act or thing whatever.
that shall have tendency to lessen or d6rid0e
their rights and privileges For these ten rea-
sons. and few others not mentioned, l was com
PEELED to vote against the bill, and hereby enter
my protest against its passage, believing, as do
that it dangerous departure from the Consti-
tuition. Il. FRAZIER.
PROTEST OF SENATOR CARDIGAN.
Mr.. SPEAKER: | now present my protest
against the passage Of House bill 5O5 known as
the Franchise bill.
First 1t is a palpable violation of section 8, ar
ticle !. IF the Constitution.
Second. 1t is violation of section Il of the
Constitution.
Third 1t is violation of article of the Con-
Stitution.
Fourth. 1t is an er post Jdcto lava law fixing
n punishment for crime committed prior to its
passage.
Fifth. 1t has been passed to secure to one class
of our people rights and liberties denied to anO-
Their class. 1t is in fact class legislation, and
therefore unconditional.
With these views of the bill, | am constrained
to say that shall not feel myself legally bound
to respect itas law until decided to be conStitu-
tional by the Supreme Court of Tennessee.
/ shall at no time encourage dlsObedlence to law
and order among my people, but shall feel tiny
duty to warn them against this usurpatiOn and
tyranny. JOS. Il. CARRIGAN.
PROTEST or SENATOR M'FARLAND.
Mr.. SPEAKER protest against the passage Of
House Franchise Bill n 10. sos, for the following
rcoS uns, to wit:
First 1t It violativc of the Constitution of the
United States and the State. See Constitution of
Tennessee Art. l. See. !; also Art. /, See. ): and
Art |, See. III These provisions of the COnsti-
tuition are not and cannot be altered or amended
by the Legislature, under the optionary grant Of
authority given by the Convention Of January gth.
1863, inaSmuch Legislators sworn to support,
they cannot alter eT amend.
Second. The bill is metropolitan, in that it
diyests the majority of, and vests in the minority
all governmental authority. thus OyertErOwing
the Republic and establishing an oligarchy.
Ii utterly destroys the great fundamental prin-
cple which originated the American Republic
NO taxation without representation
Third. 1t is impolitic, in that il excludes many
that have given indubitable evidences of loyalty,
and also others who now, and would remain
forever, true 10 the Government if allowed to
enjoy equality of rightS-thus depriving them Of
the highest privilege known to an American citi-
zen which may and | fear, will tend to lessen
their love of country. W. j. MCFARLAND.