Daily union and American. [volume] (Nashville, Tenn.) 1865-1866, 1866-07-27
4Inion and 9meritan.
FRIDAY. july q. 1865.
The Franchise Law in Court.
a CIRCUIT COURT DECISION. AND
APPEAL.

franklin. for the County Of Williamson, in n
state Of Tennessee:
JoHN /. HOUSE, Of the County Of Wi
Hanson, in the State Of Tennessee, bring
this petition against JOHN NEsBET, Of III
same County and State and thereupon YOU
petitioner respectfully shows unto YOU
Honor that he was born in the County q
Williamson on the 9Th day Of April, 1875
and has been residing and always resided il
said County; that in the month Of June o
July, 1865, he took and subscribed the am
nesty oath, prescribed and required by tn
President Of the United States, and eve.
since faithfully observed and kept the same
aud borne all the burdens incident 10 citi
zenship; that he is a loyal citizen of tkt
State Of Tennessee, and Of the United States
and as such has Always been accustomed Il
exercise and enjoy ali the rights Of citizen
Of the United States, and Of the State OF
Tennessee, and among Others the inherent
right Of every citizen Of the United States
and Of the State Of Tennessee, 70 vote In All
elections that JOIN NEsBEr has been ali-
pointed Register Of Voters for said County
Oi williamson, under an act Of the General
Assembly Of the State, entitled the Fran
ChIse Act, and IL now exercising the func-
tiOns of that Office under said act that your
petitioner on the 10th day Of June 1866.
applied 10 the said JOHN NEsBET, as such
Register Of Voters at his Office in the town
of Franklin, 10 be registered as a voter of
said county, and asked said NEsBEr as such
Register Of Voters, 10 register his name as
one Of the voters Of the said county, and
grant him a certificate thereof; and that the
said INSECT refused % register him as a
voter Of said county and grant him certif-
cate Of such registration.
In view Of the premises and as much as
the action on the part Of said NEsBET, under
the act Of the General Assembly of the
State Of Tennessee, deprives your petitioner
Of his inherent right as an American citizen.
20 vote in all elections held in the State Of
Tennessee, he humbly prays your Honor to
grant him a writ OF mandamus directed TO
the said JOHN NEsBET, Register Of voters
for the county Of Williamson, commanding
him JO appear and show cause why he re-
fused to register your petitioner as a voter of
said county, and grant him a certificate of
such registration; and your petitioner prays
a trial of this cause, and that said manda-
mus may, by judgment of this Court. be
made peremptory, and said NEsBET, Register
Of voters for the county Of Williamson, be
perempt0rily ordered and directed TO regis
Ter your petitioners name as a voter of the
county aforesaid, and gran! him certificate
of such registration. And your petitioner
prays such other relief as the premises may
require, and as in, etc, he viii, etc.
MCEwEN & Bullock,
EVEN, HOUSE a. FARLEY,
Attorneys for Petitioner.
STATE OF TENNESSEE, WILLIAMSON CoUN-
rY.-Personally appeared before me, NJ. l..
ANDREWS, Clerk Of the Circuit Court of said
county, JoHN l.. HoUsE, who made oath in
due form OF law, that the facts stated in the
foregoing petition as Of his own knowledge
are true aud those stated on the information
Of others he believes 10 be true.
JOHN /. HOUSE.
Sworn 10 aud subscribed before me this 2Oth
July, 1866.
NJ. L. ANDREWS, Clerk, etc.
John Z. House r. jain NesJe,. Petition
for q rrif Of maaddHsw.- is an appli-
cation un the part Of the relator, JOHN /.
lIousE, for a HIaRdgHutg 10 compel the de-
icndant, commissioner and register of vo-
tiers, appointed by his Excellency the Gov
Crnor of the State, for the county Of Viii
Hansen, in pursuance Of the act of the Lee
gislature passed on the Sd day Of May, 1866,
entitled an act 20 alter and amend an act 10
limit the elective franchise, passed June ;,
1860, 10 register &c name Of the relator and
give him certiL x % vote, as a voter Of
said county.
The rolator among other things alleges
thst he was born in said county on the 9th
day of April, 1925 consequently over TWEEN
ty-one years Old, that he has all his life
resided iH said county-that he is a free
white man-that in July, 1865, he took and
subscribed the amnesty oath as prescribed
by the President Of the United States, and
ever since has faithfully observed and kept
the same, and borne all the burdens Incl
dent To citizenship; consequently he AYERS
he Is loyal citizen of the United States
aud of the State Of Tennessee, and as such,
has been accustomed 90 exercise all the
rights of n citizen-among the rest the in
hereut right TO vote-the right If every ci-
tizcn in all elections.
Therefore, upon this right he on the 10th
day of June, 1866, ut the office of JOHN
NEsRFr commissioner as aforesaid. in the
town Of Franklin, in person demanded a
certificate, and his name to be registered as
a qualified voter Of said county, which 10
him was refused; therefore his application
upon the part Of said commissioner, thereby
granting the certificate and compel him to
register his name as a voter, etc
BEFORE the passage Of the acts before re-
ferred TO, there could he no question as to
the election privilege, or right to vote in
fact, no certificate or registration was neces-
ary, But in pursuance of the amended
Constitution Of the State Of Tennessee, the
D Let 4.
franchise. Ii has enacted that certain per-
sons who fall within the premises Of the
acts are alone entitled to vote, and those
who do not are excluded. The relator no
where shows that he has complied or offered
10 comply with the provisions Of said act,
nor does he show that he is one of the ex-
ccptod class, and consequently entitled under
the act 90 a certificate. He simply bases his
right and application upon his loyalty to
the Government since the time of the
amnesty OATH as administered 70 him as be-
fore stated. lie does not pretend 10 show
as contemplated by said act that during the
existence Of the rebellion he was known to
be an unconditional Union man, loval 70 the
Government of the United States, or that he
voted Ia either one of the elections mem
toned in said act, or offered any excuse for
not SO doing, In other words. he does not
pretend that he is a qalifed voter, under
aud by virtue Of said act, although he recog-
u;zes the validity and constitutionality of
said act by demanding certificate and TO
Ice registered lldcr it, vet no where does he
aver that he falls under the provisions there
of, 80 as TO ontitle him TO IL; but on the con-
trary ignores said act, and still demands a
certificate under IT,
Then upon what principle can the relation
expect this court to act in compelling the
commissioner, and 10y mandamus TO force
him 90 register his name and grant him a
certificate as PRAYED for2 The relatur evil
IDENTIFY regards the act valid or why rccog-
nize it, and ask certificate under H. To
entiuc him to vote ii Is all important 20
comply with the provisions, and obtain
ccrliCato and unless this be done, the cleo
tive franchise as 90 him is DESTROYED. Then.
if this be true, which is manifest from the
petition. the relator relies upon the strength
ufthe certificate 10 secure him this right 10
vote, and therefore demands it under the
act, Tor the act is the only law that requires
a certificate. Surely. then he should bring
himself within the provisions thereof other
wise there could be no necessity FOR the law
or certificate. II no certificate is neces-
sary, and nothing further required than
what is stated by the relator 10 cntitle him
~ 1t, the whole act restricting the elective
franchise, as before shown, is nulli,y, un-
constitutional and vaiA Wbethpr thiS be