Nashville union and dispatch. [volume] (Nashville, Tenn.) 1866-1868, 1867-02-14


laud. Suppose the convention had the
right to delegate 10 the General Assembly
the power 10 deprive the white citizen of
lis right 10 vote-a right which the con-
venti0n itself did not attempt to exercise
and suppose that was the purpOrt, object
and intention Of the 9th section the sche-
dnle
1t is admitted by every member of the
House that the qualifications for voters can
only be fixed by the constitution; that the
qualifications for voters and the limitation
d the elective franchise cannot be altered
by the Legislature unless such power be
delegated to it by theeOnstitution. 1t must
be further admitted that if this power be
thus delegated, and the Legislature exer-
else the power in accordance with the del
egation, It's action becomes a part of the
constitution, and can only be changed in
the same mode and manner in which other
provisions Of the constitution may be
changed. Ii follows therefore, as ne
cessary consequence, that the franchise act
OF the 9Th June, 1865, became part of the
constitution of the State of Tennessee.
This amendment to the constitution is
called AN act 10 limit the elective fran
ehise," and provides that said act shall
take effect from and after its passage. Ii
Is signed by the Speakers OF the Senate and
House. On the 18th of June, 1865, the
following further action was had by tire
Legislature
Resolved by the General Assembly Of
the State OF Tennessee, That the act to
limit the elective franchise be published
once week from June 18th until the 9Th
day Of August next, in the following papers,
tO-Wit: JonesbOro Union Flag, Knoxville
Wing, Chattanooga Gazette, Press and
Times Nashville Union, Nashville Dis
patch, Memphis Argus, the paper published
at Kingston, and the paper published at
Greenyille, and also any German paper in
Nashville, and in one German paper at
Memphis" To-
This resolution is signed by both Speak
ers This act of the 9th June being then
part Of the constitution, having been
passed in pursuance of the power delegated
by the convention, being fully completed
and ended, submitted to and acted upon
by the people, the power of the Legislature
over the question was at an end and this
act being thus a part of the constitution, it
cannot be altered or amended by any body
of men, or in any manner than by another
convention, or by the mode pointed out in
the constitution for the amendment of the
constitution. If the act of 5th June, 1865,
is not to be regarded as a part of the
amended constitution; if it is only to be
regarded as an act of Assembly, and there
fore may be amended, changed, modified or
repealed. the attempt by it to limit the
elective franchise is an absolute nullity,
and the elective franchise is controlled
only by the 4th article, LIST section, of the
constitution of the State. In either event
the negro is prohibited from voting.
We insist that it is manifest that the
Legislature Of the session embracing June
9Th, 1865, fully understood that the ques-
ton of the Acknowledgement of the negro
was submitted to its determination, and
that il determined that whatever other
right the negro might be entitled to in his
altered condition he was not entitled to the
elective franchise Hence he was not en-
braced in that act.
AS a further proof that this was the mind
ofthe Legislature duringthat entire session,
as their determination of the right of the
negro to vote, it passed on the 25th of Janu-
airy, 1866, the following act
Be it enacted by the General Assembly
Of the State of Tennessee, That persons Of
African and Indian descent are hereby de-
clared TO be competent witnesses in al the
courts of this State, in as full a manner as
such persons are by an act of Congress
competent witnesses in all the courts of the
United States, and all laws and parts of
! laws of the State excluding such persons
| from competency are hereby repealed
! prOuided, hOWeuer, that this act shall not be
! so construed as to give colored persons the
! right to vote, hold Office or set on iuries in
this State, and that this provision is in
I serted by virtue of the provisions of the 9th
! section of the amended constitution, rati-
| fed February %, 1865"
/ This act is signed by both Speakers, and
is without Limitation or reservation. At
the same session, on the Sd of Nav, 1866,
| the Legislature passed another act further
| limiting the elective franchise, and in this
| act no provision is made for the negro to
/ vote. So il is seen thsttwo sessions pass, and
! yet the Legislature adhered to the principle
1 of the amendment of 9Th June, 1865, that
| the negro was not entitled to the elective
| franchise. Ii is now for the first time that
/ a majority of this House have determined
to enfranchise the negro, at all events. This
we have shown is a plain violation of the
constitution of the State, article 4, section
IL, and of the amended constitution and
schedule.
This action upon the part of the House,
taken in connection with the fact that this
bill attempts to disfranchise large major
ity OF the white population of the State in
disregard of the constitutional prohibition,
cannot be regarded in any other light than
as an attempt to use the colored population
to continue the Radical party in power in
this State. Without this new element OF
strength, the party in power have seen that
their reign in this State is near its end
All their former attempts at DISTINGUISHING
white men have failed of their purpose. To
save the party, they have overcome Their
former dislike for the enfranchsement Of
the negro Their present action is not fol
the good of the negro, but for the sake o.
party. This purpose is so manifest that il
cannot deceive the negro. He cannot fail
10 see that his tardy Acknowledgement, after
50 many reiusals by the majority in thi'
House, is the result Of an expectation that
they can use him in future elections.
The undersigned oppose the enfranchise
ment of the negro by this act of the Legis
lature for the reasons above stated. 1t i
an open violation of the constitution, anl
| therefore NOld. we are not dctuated bN
enmity to the negro. On the contrary, We
insist that we are his trne friends. VIZ
desire to see him educated, elevated, and
protected in all his constitutional rights a
established by the convention. But W,
could not consent to violate our obligation
TO the constitution, as we interpret that in
strument to eniranchise the negro, if BY 81
doing i, should give every vote to the Con
sentative paay; nor could We do so 70
any other consideration. In this determi
nation we will be vindiCated hereafter
when the question shall be viewed withou
passion or personal interest, by public opin
ION and an impartial Judiciary of the State
But il this Legislature had the power I,
, pass this bill, the undersigned could no
support is, for the reason that the eXeTCis
] Of the power, in discriminating against tn,
. white man, is so arbitrary and unjust T.
, the white citizens of the State, as well as &
{ ! our population of foreign birth. 1t IS il
such total disregard Of the precedenis G
all other civilized nations of the world il
d the suppression of rebellion; il is an exhi
hition Of 80 much passion and ill-will il
? the elevation Of the negro over the whit
man, that the act must, in the opinion q
Z the undersigned, fail to command that az
D Il Il, ~fa.A