Nashville union and dispatch. [volume] (Nashville, Tenn.) 1866-1868, 1867-12-05
RESOLUTIONS LYING OVER.


Senate joint resolution No. 80: Calling
for a report from the Superintendent Of
Common Schools, giving the scholastic
population Of each county, the number of
schools in each county, and an estimate of
the amount for which teachers can be OBJ
tanned, with an estimate of the total cost
annually of the common school system,
and suspending all operations of the school
law until such report shall be made Re-
ferred to the Committee on Schools.
The bill to repeal the sixteenth section
of the franchise law came mp as unfinished
business.
Mr.. Blackman offered an amendment re-
ferring the bill, when passed, to a vote of
the people for ratification or rejection.
Lost.
Mr.. Waters offered an amendment so
that the bill should read as follows:
AN ACT to be entitled an act to remove all
disabilities for holding Office or sitting as
jurors on account of race or color.
Section l. Be it enacted by the General
Assembly of the State of Tennessee, That
from and after the passage of this act there
shall be no disqualification for holding
Office or sitting on jnries on account of race
OF color.
Sec. 2. Be it further enacted, That all
laws or parts or laws in conflict with the
| first section of this act, be and they are
hereby repealed, and that this act take
effect from and after its passage.
Mr.. Waters stated that the object of the
| amendment was to secure to the colored
| man the right TO hold office and sit on
1 iuries without tampering with the eonsti-
| tuition of the State. The Supreme Court
| has decided that the action of the Legis
lature in passing the franchise law was
legal, and that it is part of constitution
| The sixteenth section was as clearly par
| of the constitution "a any other, and Il
was beyond the power Of the Legislature
| TO touch it. In his view, the bill was
delusion, calculated to deceive the col
ored man with the beliefthat it would give
him the right to hold office and sit as a
jnror, when, in fact, it would do no sucl
thing.
Mr.. Hamilton was ready to go for th'
amendment. He believed it met the ques
ton squarely. He had no scruples on tn,
constitutional question, and therefore haC
favored the original bill. But some gentle
men, whose Judgment he esteemed, haC
fears on this point, and as the amendment
was thought safe, and would accomplish
the same thing, he would favor it,
| Mr.. Bean urged the adoption of tn,
amendment on the ground that the six
teenth section disabled no one from hold
ing office or acting as juror. The amend
ment covered the whole ground, and wa
not liable to the objections urged agains
the bill.
Mr.. Ryder opposed the amendment oil
the ground that if the sixteenth section
was admitted to be part of the constitu
ton, then it was not in the power of tn
House to remove these restrictions b
amending the Code. If the amendmen
we're adopted the right of the colored maj
to hold office or to sit upon juries woul,
be contested, and the questi on must go a
20 the Supreme Court and would be IN
settled for two years to come.
Mr.. Williams spoke in support of tht
amendment. The objection made woul
hold good against the bill repeating tn
sixteenth section. This too, must 90 befor
the Supreme Court.
The amendment was adopted and the bill
as amended passed by the following vote
Ayes-Messrs. Allen, Anderson, Bear
Brown, Bloom, Bosson, Brewer, Carey, c.
gle, Cason, Dowdy, Faulkner, Galbraitl
Graves, Griffith, Gilmsr, Hewett, Hamilto
of Shelby, Hunt, Hacker, Jordan, Kereh
sal, Lillard, Medlin, Morris, Martin, Mo
Nair. Mynatt, Mason, Moore, Poston, POI
ter, Prosser, Priesthood, Reeves, Robinson
Ryder, Roach, Shepherd, Sparkman, Ston
Taylor of Perry, White of Bradley, Whit
of Green, Woodcock, Walker, Waters, WI
liams, Wines and Speaker Richards-50.
6ays-Messrs. Agee, Baker, Bowie
Blaekman, Childs, CordelI, Dyer, Graysoi
, Hale, Hodges, Hammer, Ininan of Cock
} Inman of Knox, johnson, Meyers, McFal
, Pickett, Pitts, Reed, Taylor of Carte
Thornburgh of Granger, Thornburgh
Jefferson, Thompson, Turner and Woodal
I | -25,