Brownlow's Knoxville Whig. [volume] (Knoxville, Tenn.) 1866-1869, 1867-11-20
sixteenth Section OF the Franchise
Law.

A debate took place in the House OF Representa-.
tives Tuesday week. the 18th inst, on the propo
siton TO repeal the 10th section Of the Franchis,
Law, which prohibits colored men from holding Of
fee and setting on juries Hon. Martin T. Ryder
native Tennesseean, and one Of the members from
Memphis, spoke as follows:
Mr.. Speaker and Gentlemen Of TIE House Of Rep
reseAtatiOes On the FIRST day Of this session had
the honor TO introduce the bill to repeal the odious
sixteenth section Of the Franchise law. now pro.
pose as briefly is consistent with the magnitude
Of the question and my duty TO my constituents Il
state my reasons for wishing 10 see that, and all
discriminating class legislation eliminating from the
statutes Of Tennessee
Such laws are inconsistent with the spirit of re-
publican liberty, unworthy of great nation and a
free people
the loyal people Of Tennessee, free TENNESSEE be-
fore the world as the standard-bearer and cham
pions Of equal rights to all men, white black rich
OF poor.
Il is the opinion of some of our public men that
TIE sixteenth section is part Of the constitution
and cannot be repealed by this Legislature. Our
excellent Governor unfortunately took that ground
in his message While entertain profound respect
for the Governor, yet l am satisfied beyond doubt
that this opinion would not be sustained by the
courts Of the country.
It is the opinion Of most Of the best legal minds
Tho last Legislature, in placing that section in the
Franchise law exceeded the grant of power confded
TO ]. BY the ninth section Of the schedule Of the
amended Constitution. The language of that sec
tior is that the qualifications of voters and the
limitation Of the elective franchise NAV be deter
mined by the General Assembly which shall first
assemble under the amended Constitution.
Here, then, was the only power granted exclu-
sively TO the last General Assembly, and there is
not word in this to authorize it TO determine the
qualifications of Jurors or restrict the right to Eold
ofhce, The Legislature had no more power over
these questions than this any subsequent Legsla
ture may have. But if we pause for moment and
examine the history of the Franchise law, we will
ind that in order to secure to the colored man the
right to vote the friends Of progress forced to
accept the law, with this modification, the best
that could be done at that time
They were aot then, and never have been salts
fed with it, but it the best that could be done
Motives of expedieney controlled us then-let US
now, in the day of our strength, be governed only
by our sense of honor Of right and of justice Let
10 talk Of expediency and begin 20 do right
As 10 the legal question involved, sea no diff
Guilty whatever.
In SO far as the last Legislature confined its ac-
ton TO the strict letter of the ninth section and 10
the power delegated exclusively to it, its action be-
comes and remains part of the Constitution.
The Speaker here read from the report Of Sena-
tor Wisener, upon the subject Of the constitution
atty of the BILL
II is only necessary 10 write the ninth section OF
the schedule which conferred the power to pass the
Franchise law, and write beneath it the sixteenth
section of that law TO show that there relation
between the two. That part of the law could ac-
qure no validity under the ninth section, and the
repeal Of this sixteepthsection viii in wise i'm
pair the force and validity Of the law part of
the amended constitution
And now Mr.. Speaker, and gentlemen, let us ex-
anime the question from political stand point.
Where does il belong in the politics of the coun-
try
Whatever rights have been secured to the colored
people of this country have been wrung from their
oppressors and their enemies by the Republican
party. By the power Of the bayonet they were
made free Democrats and Conservatives fought
and died IN defense Of slavery When oar lamont
cd and rnartyred Fresdent proclaimed, freedom
throughout all the land TO ell the inhabitants there
81" the rebel Conservative party held up their
hands in holy horror and said, !" Do not arm the
slaves"
The Republicans gave them bayOnets and bull
lets.
Then the other party said you have made our
slaves freemen and soldiers. But they must not
have the ballot. They are too ignorant for that.
Well, we thought that the men who were good
enough and intelligent enought to fight for the
Union and the flag, were good enough TO vote. We
were told that the colored men were ignorant unfit
to exercise the elective franchise and that they
would vote the Conservative rebel ticket; that It
was unsafe to trust them with the ballot
Embedding these friendly conservative warnings
we gave them the right TO vote and they voted SOL
idly for the Republican candidates.
Now, gentlemen, let me ask you, have not the
colored men Of the South and of Tennessee proven
themselves worthy of every right conferred upon
them 2
The predictions Of their enemies, and ours have
never been fulfilled. Emancipation was not fol-
lowed by instruction and the indiscriminste mas
saere of the white population, IS was predicted by
the rebels As soldiers they we're brave and faith
full as voters they were all Republicans. Having
proven themselves worthy of every right heretofore
conferred upon them, let US not hesitate to place
them in Office, and in the jury box. In oiHCe they
will display the same fidelity that marked their ca
reer as soldiers. In the jury room they win exer-
else the same discrimination, intelligence and sense
of Justice that guided them in the se of the ballot
The sixteenth section, excluding the colored man
from juries and from Office, the repeal OF which is
now proposed, was pre-eminently Conservative
measure.
Our distinguished Governor, in his address to the
people in the last campaign, used this language
iThe question of colored suffrage, in the House and
Senate was sprung by Republicans, advocated by
! Republicans, and passed by Republicans, against
the united and determined opposition Of the socalec
Conservatives The odious sixteenth section OF The
Franchise law excluding colored men from holding
Office originated with the rebel Conservatives, and
bv them was forced upon the House as q means o
| securing the defeat of the suffrage bill. was al
The time in the Hail. laborng to defeat the sixteenth
seoton and was an eve witness to all that occurred
The rights conferred upon the colored man IN th
last Ieoislature were secured by Republican votes
and the disabilities fastened upon him were imposes
bv rebel Conservative votes. No one UNDERSTAND
this better than the colored man himself. EVER
noember Of that body that stood up mRniuly 10
The rights of all and offered his name for re-elec
lion e here to-day Not a single Conseryativ
,oen,bar Of that Legislature has been reelected
The vote Of the coored men IN me last eiecson wa
almost unanimous for the Republican candidsseS
To their votes are we indebted IN the stn Oongre-
sional District for the first Republican member
CONGRESS ever elected from that district Inc COZ
ored men regardless of threats, brides or blaRdisn
ments voted for and with their friends the s'FSgu
Republican ticket.
In The late canvass, men OF both parties, especl
ally in Middle and West Tennessee and all speaA
ers from the candidates for Governor down. Pieege
themselves 20 the colored man. that the dlsaolltle
innosed upon him by the 18th section OF the iran
chise law should be removed; and / sir Tor on
shall return 10 my constituents with my pronhs
fulfilled. j..
COMMITTEES from the most conscientious conviction
of dutv; because believe that it enbodies the tru
| nrincinles Of RepublicAnism, and viii promote Ia
best Interests Of Tennessee and Of the country
= Tennessee now stands in the front ranks OF u
marty of the future of progress and OF equal
4 NoLnlnB Cah peAH'AnoNt-y $3.50 - =,
march of that party. Its course is onward ami a
3 yvsrd "a the rising sun Of Impartial Liberty
t Let Tennessee, By passing this bill, repeating
nartisl class legislation, snd thus wlping IRON. d
statute book ali laws discriminating agains' 10Y
men. take the lead in this army Of progress
10. her step out in front Of the advancing qua
T e c-ao5or and plant her standard with TINS ~
/, 800 mon its folds All rights Tor al men"
Let rs NOT falter now. Let US meet the issue IL
men. ~, Al
hope Mr.. Speaker, this bill will pass. ihen !
% Republican party Of Tennessee VIII nave hoO
o done its duty And in returning home 70 our - 4,