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

ton, eertain amendments to the Consf;ss-
ton OF the state, with a schedule thereto
annexed, ali Of which were ratified by Fbe
people at the ballotbox, whereby upon the
proclamation Of Andrew johnson. tbon
Military Governor Of the State, the authority
OF the President Of the United States the
said amendment aud schedule were declared
to have been adopted by the peopIe of slle
State. and said amendment became a part Of
the Constitution and the provisions of said
schedule, for all the purposes for which
they were assigned, had all the force of con-
stitutional provisions.
BY the 9th section Of the schedule It Is
/ provided the qualifications Of voters. and
the limitation of the elective franchise, may
be determined by the General Assembly
which shall first assemble under the amended
/ Constitution
BY this provision of the schedule, the
sovereign people conferred upon the Gene-
raj Assent ~ designated, the same absolute,
unlimited and sovereign power TO deter
/ mine the Qualification Of voters and the
right to limit the elective franchise, which
/ the members possessed in their sovereign
/ capacity, --b
Under this provision of The schedule, the
acts of June 5, 1865, and May 8, 1868, deter
mining the qualification Of voters, and linn
Iiting the elective franchise, were passed.
/ Both these acts impose great restrictions
/ and limitations on the right of voting, which
did net exist under the Constitution of 1884
Article 4, Sec. /. 10
We are, at ibis advanced term, aIaidstthe
varied and complicated duties that have
+ been imposed upon us during the session,
unable TO do more at present than to am
nounee the result Of our decision The
elective franchise is not an inalienable right
/ or privilege, but political right, conferred
limited or withheld at the pleasure of the
people acting IN their sovereign capacity.
Each State may define it In It's own eonsti-
tutiens or empower its Legislature TO do So
The right once granted may be taken
away by the exercise of sovereign power, or
/ forfeited for crime under the laws Of the
/ State; and if taken away by the sovereign
: power of the State, as by an alteration in its
/ Constitution, no vested right is violated, or
/ bill Of attainder passed, or act Of pains and
penalties, in the sense of the Constitution Of
! the United States 1t follows, if the Con-
vention of 1865 could, under the ratification
/ of the people, declare the qualification of
voters and limit the elective franchise, It
could delegate the power to the Legislature
1t might have left the elective franchise
open to the action Of all future legislation,
/ but it chose to limit to the General Assem-
/ bly, which should first assemble under the
Constitution, and is, therefore, binding on
| the people Of the State.
The relator was pardoned by the Presi-
| dent of the United States, the effect of which
was to restore him to the rights and privi-
| leges of a citizen Of the United States but
it did not have the effect, without the assent
Of the State where the sovereign power had
excluded him from political rights, to restore
1 him to the exercise Of those rights
w omen and minors are citizens yet, by
the Constitution, they are prohibited from
! the exercise of political rights. 4th Dev, 90
/ No one has ever doubted the proposition
that according to the institutions of this
country, the sovereignty Of a State exists
with the people of the State, and that they
may change, alter, abolish or reform their
/ government at pleasure Luther vs.. Bor-
/ den, Howard, l. This being So it follows
that they had a right to determine who
! should exercise the right of suffrage
4 We have examined the late class decided
1 by the Supreme Court of the United States,
/ in which the validity of a section of the
Constitution of Missouri came under review
before that court, requiring every attorney,
minister of the gospel, schoolmaster, trus-
/ tees Of charitable institutions, etc, to take
an oath restrictive in its character before he
could exercise the privilege Of his calling
The court held, as well as we can under
stand from the newspaper report Of the case,
I that where a citizen has an Office, employ
ment or calling, State cannot directly or
/ Indirectly declare forfeiture of the Office of
calling pursued by the citizen as a means Of
! living by the imposition of an oath which
/ the party cannot take. A citizen has the
right to labor with his hands or intelleetu-
| ally.
These are civil rights, and inalienabIe,
and of which he caauot be deprived by the
people of the State But a political right
stands upon very different principle it Is
a political privilege or grant that may be
extended or recalled at the viii Of the sove-
reign power 1t follows, therefore, though
| the relator was pardoned by the President
Of the United States, and he was restored to
his privileges as such, and though he had
/ the right to vote under the Cons titution of
| 1884, the Legislature having under the pow
| ers delegated to them changed article f. sec
ton lst of the Constitution he could not
claim the right to register as voter unless
he brOugh himself within the provisions Of
| he act of Sd May, 1866 We think the act
is binding and valid and the law of tho
State. The relatOr not having complied
with the provisions Of the law, is not enti-
tied to relief
His Honor, the Circuit Judge, held the
| Legislature that passed the law was an lie
gal body, having no authority to pass the act
of registration.
There is nothing in this record affecting
/ talS FitilotSy Oi tue iaHi u iB sAgHeu ny tuS
Speakers of both Houses, under the proyis-
ions of the Constitution, and is so far as this
record presents the facts, valid law.
The point was abandoned in argument BY
the counsel Of the FelatoF, and is wholly un-
| tenable
The petition win be dismissed.
Attest SHAcKLEFoRD, Judge.
j. q. FRAzER Clerk.
4 Perfect -Antidote for al Pofsoas-A
plain farmer says lis now twenty years
since ] learned that sweet oil would cure the
bite Of rattlesnake not knowing It would
cure other kinds of poison Practice, obser-
VatioE and experience have taught me that
| iE r..o-rl.I o..-n -..;.cr-s q M Lid hnth On