Nashville union and dispatch. [volume] (Nashville, Tenn.) 1866-1868, 1867-03-22
THE FRANCHISE LAW.

The following decision was delivered in
the Supreme Court yesterday:
Bloomfield L. Ridley rs. Freeman .ShsrJrOOk.
On the lst Of August, 1866, the plaintiff
in error filed his petition in the Circuit
Court CT Rutherford, for a mandamus against
the defendant, az a register Of voters APP
pointed under the provisions of the act of
May 8, 1896, passed by the General As
sembly Of the State, determining the quail
fcation Of voters and limiting the fran
chisn The petitioner AYERS he is fifty years
Of ore. has been a citizen and resident of
that county for more than twenty years,
that he Is a free white man, that on the
10Th Of July, 1866, he was pardoned by
the PFesil sni d tie Cnlted Setes for al
offenses committed against the government
Of the United States and State Of Ten
nessee, and has committed no Ofiense
against either since his pardon, and 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 privi-
lege he has never forfeited, that the defen-
dant is exercising the right to register votes
in said county under the provisions of the
act referred to, and giving certificates; that
on the LIST day Of August, 1866, not recog-
nizing the validity Of said franchise act,
except 80 far as it authorized a register of
voters and the issuance of certificates in
accordance with the act requiring regis
tration, he applied to such defendant at
his office, in the town Of Murfreesboro, to
register his vote and give him certificate
as a qualified voter Of the county; he
offered TO produce his pardon, but was in
formed he would not register hi vote UNI
til he brought himself within the pro-
visions Of the act of May Bird, 1866;
he prayed a mdnddmlls nisj issue against
the defendant, that be appear and show
cause why a peremptory nsaHddaus should
not issue, and that by Judgment Of the
court the defendant Sherbrook, be COM
PEELED to register him az a qualified voter,
and issue to him a certificate. A ndnddmaS
nisi was issued by the Hon. Henry Cooper,
one Of the 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 Ruther-
ford, and had, up to that time, exercised 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 he
has his pardon from the President Of
the United States, that he is the register
of voters in said county under the provis-
e Al. ~ IL
tiff in error applied to him TO register his
vote and give him a certificate, but would
not comply with the provisions of the law
of May, 1863, so as to entitle him to a cer-
tifcate and registration.
The cause came on to be heard before
the Hon. Henry Cooper, who being of the
opinion that the defendant in error was
not a legal and constitutional officer Of the
state OF tennessee, which he assumed to
hold, il being created by body calling
itself the Legislature of Tennessee, when
by law said body ceased to exist, and there
fore the officer created by them was no Off
Ger, and the appointment of the defendant
in error was null and void and dismissed
the petition, from which the relator ap-
pealed to this court.
the constitutional validity Of the acts Of the
General Assembly, respectively passed on
the 9Th Of June, 1865, and the Sd Of May,
1866 commonly known as the Franchise
Law.
The questions raised are Of the greatest
consequence, and they have been discussed
with great zeal and ability on both sides
With the consequence that may follow
from any decision we may make, as well
as the wisdom and policy of the laws, We
have nothing 10 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
questions involved, il 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, was submitted to
the people and the causes that ledto Their
adoption.
In 1861, a large portion Of the people Of
the State of Tennessee and other Southern
States Of the Union, attempted, by an
armed rebellion, 20 throw off their allegi-
ance 10 the government Of the United
States, and 90 erect within the territory q
separate and Independent government; q
civil war followed, which continued until
1865. During its progress the Governor
and many Of the officers Of the State fed
carving with them the archives and
treasury Of the State most of the courts
Of Justice we're closed, the people of the
State we're without an organized State
government, dismal anarchy overspread
the land, rowing bands of banditti plundered
the citizens with impunity. They were
without protection of law; there was nc
security for life or property; fear had seized
upon the hearts of the people, the land was
drenched in blood, and anarchy reigned
supreme. While yet the smoke of battle
fingered around, the loyal people Of the
State assembled in convention at the CAPT
tai Of the State, for the purpose Of reorgan'
izing the State government Hnder the au
thorities Of the State, and 10 place III,
State in her ancient moorings, from which
she had been so violently drifted by the ac
of portion Of the people, and to restore
| the supremacy of the laws, bring order on
| Of chaos and thus secure to the peopl,
! peace, safety and happiness.
The constitution recognized, TO the fulles
extent, the principle that all power is inhe
rent in the people, and all free govern
! ments are founded on theirauthority and in
| stituted for their peace, safety and happi
/ ness. for the advancement Of these end
! thew have at ali times an unalterable an,
! indefeasible right toalter, reform or abolisl
! the government, in such manner a. the,
NAV think proper. These principles il
this country are well recognized politica
truths. Independent Of any written consti
| mtions or laws.
The convention then assembled, propose
J IN the people for their ratification or rejeC
/ lion certain amendments 20 the constitution
of the State. with a schedule thereto an
nexed. all OF which was ratified by III
peaplc attheballot-box whereby, upon th
proclamation Of Andrew johnson, tn
/ Military Governor Of the State, under tn
authority of the President Of the Unite'
( States, the said amendments and schedui
were declared to have been adop;e'
by the people Of the State, an
ssid amendment became a part OF IN
constitution and the provisions Of sal,
schedule for all the purposes for whicl
they were assigned, had all the force Q
constitutional provisions.
BY the 9th section OF the schedule il
provided haithequali6cstiouso voters ant
| The limitation ofthe elective frnncl,fee ma,