The Bolivar bulletin. [volume] (Bolivar, Hardeman County, Tenn.) 1865-1888, 1867-03-30

Nashgitze. Tennessee December Term, 1866
Present, Judges O, S4ackletord and
Az0ie HaUkins-Fhom H. ColdsceH,
Attorney General, and Reporter
BLOOMFIELD I. REDLY VS.. FREE
a-Ht MAN SHIRBROOK.
On the Ist of August 1866, the plaintiff
in error filed his petition in the Circuit Court
of Rutherford for a mandamus against the
defendant as a register of voters, appointed
under the provisions of the act of Nav 3.
1866, passed by the General Assembly Of
the State, determining the qualification of
voters and limiting the elective franchise.
The petitioner ayers that he is fifty years of
age; has been citizen and resident of that
county for more than twenty years that he
Is free white man that on the 26th of
July, 1865, he was pardOned by the Presi-
dent Of the United States for all offenses
committed against the Government of the
United States ana State Of Tennessee. and
has committed no offense against either
since has pardon, az has, in all respects,
conducted himself as a loyal citizen, and
that he has been accustomed to exercise the
right and privilege of voting at all elections
IN said county, as guaranteed to him under
the Constitution of the State of Tennessee,
and which right and privilege he has never
| forfeited; that the defendant is exercising
| the right to register votes In said county
under the provisions of the act referred to.
and giving certificates; that on the 1st day
of August, 1866, not recognizing the validity
Of said franchise act, Except so far as it
authorizes register of voters and certifi
cate in accordance with the act requiring
regiptration,) he applied to said defendant at
his Office, IN the town of Murfreesboro to
register his vote, and give him a certificate
as a qualified voter of the county He of
fered to produce his pardon, but was iu-
formed he would not register his vote unless
he brought himself within the provision of
the act Of May Sd, 1866 He prayed a
mandaHlus nisi issue against the defendant.
that he appear and show cause why a per
emptOry mandamus should not issue and
that by judgment of the Court the defend
ant ShirbrOok be compelled to register hin
as qualified voter, and issue 10 him a GER
ti6cate
A naadan1us nisi was issued by the Hon.
Henry Cooper, one Of tie Circuit Judges,
which was duly executed on the defendant
at the same term The defendant in error
appeared and filed his answer; admits the
plaintiff in error had, for many years prior
to the late rebellion, resided in the county
Of Rutherford and had up to that time ex-
ercised all the privileges of citizen of the
State of Tennessee; that the plaintiff In
error since the surrender of the Confederate
forces has continued to reside in the county;
that be, the defendant, is the register of
voters In said county, under the provision of
the law referred to- that the plaintiff in
error applied to him to register his vote and
give him certificate, but would not comply
with the provisions of the law of May Sd.
1866, so as to entitle him to certificate and
registration.
The cause came on to be heard by the
Hon Henry Cooper, who being Of the opin-
ion that the defendant In error was not
legal and constitutional officer Of the State
of Tennessee, which he assumed to hold, it
being created by a body calling itself the
Legislature of Tennessee, when by law said
body ceased to exist, and therefore the Off
Ger created by them was no officer, and the
appointment Of the defendant in error was
null and void, and dismissed the petition
from which the relater appealed to this
court.
These facts involve the consideration of
| the constitutional validity of the acts of the
! General Assembly, respectively, passed on
the 9th OF June, 1865, and the Sd Of May,
! 1866.
The questions raised are of the greatest
| consequence, and they have been discussed
with great zeal and ability on both sides
! With the Consequences that may follow from
any decision we may make, as we'll as the
wisdom and policy Of the laws, we have
nothing to do. We cannot enact laws or
change their results-for good or for evil upon
! society. Our duty Is to declare and enforce
| them as we find them written, and test their
/ validity by the Constitution
For the proper understanding Of the dues-
tiOns involved, it becomes necessary to look
to the situation and condition Of the country
at the time the constitutional amendments
/ and schedule, under which these laws were
! passed, were submitted 10 the people, and
/ the causes that led 10 their adoption
ia 1861, large portion Of the people Of
/ the State Of Tennessee, and other Southern
States Of the Union, attempted by an armed
rebellion 70 throw of their allegiance to the
/ Government Of the United States, and to
( erect within the territory separate and IN
dependent government, and war followed
7 which continued uatn 1865 During lis
I progEess the Governor, and many Of the of
I GERS Of the State, fed, carving with them
the archives and treasure Of the State. Bfost
/ Of the courts Of justice were closed. The
people Of the State were without an organ-
ized state Government A dismal anarchy
overspread the land. Rowing bands Of ban
dlttl plundered the citizens with inpunity.
They were without protection Of law, and
erty. Pear had seized upon the hearts Of
the people The land was drenched in
blood, and anarchy reigned supreme.
While vet the smoke Of battle fingered
around, the loyal people Of the State assem-
bled IN convention at the capital of
the State for the purpose Of reorganizing
the State Government under the authority
Of the Government Of the United states,
and to place the : tate In her ancient moor
ings from which she bad been 50 violently
driven by the act Of a portion Of her people,
and to restore the supremacy Of the law,
bringing order out Of chaos, and thus secure
to the people peace, safety and happiness.
The convention recognized to the fullest ex-
tent the principle that all power Is inherent
i in the people, and all free governments are
founded on that authority, and instituted for
their peace safety and happiness. For the
advancement Of these ends, Chey have at all
times an unalterable and indefeasible right
to alter, reform or abolish the government IN
such manner as they may think proper
These principles in this country are vel