Public ledger. [volume] (Memphis, Tenn.) 1865-1893, 1867-04-02
THE ELECTIVE FRANCHISE.
The Tennessee Decision.

The St. Louis Republican says of the
recent decision of the Supreme Court OF
Tennessee:
If the telegraph report of the decision
of the Supreme Court of Tennessee be
correct it enunciates doctrines at war
with the first principles of self-govern-
ment. The elective franchise, as it is
called, is assumed by that Court to be
granted right Granted by whom ? That
Court says by the sovereignty Of the
people. But that is begging the ques-
ton. The very question is, what is the
sovereignty of the people2 The sover-
eighty of the people consists in the right
to exercise political power the right to
govern themselves 1t is not granted
riqht, but the birthrigM Of every Amer.
lean freeman. 1t is not confined to a
few or to many, but belongs to all alike.
In the language of the Declaration of
Independence IAN men are created
equal" and "are endowed by their
Creator with certain inalienable rights.
Among these are life, liberty and the
pursuit Of happiness" In the term of lib
erty, as here used, 1t included the cleo
tive franchise. 1t is not in fact fran
chise in the French sense of that word,
which means a privilege granted by
sovereign to his subjects, but it is a
franchise in the American sense of the
word, which is applied to the right to
vote or participate in the affairs OF the
ACKNOWLEDGEMENTS right reSerUeS to
the citizen as originally belonging to
l.. ~ tnh led n hi m Y
superior power. 1t is an inaliensble
right. Each individual consenting to
form republican government, though
for that purpose he may give up some of
his natural rights, must necessarily re-
tain this right, otherwise he becomes a
slave, and the government 50 formed is
not republican. Where the numbers are
few, the powers of the government might
be exercised by the people in their col
lective capacity. But in this country
that would be impracticable-the num-
bers are too great--and hence the people
can only act by delegating portion OF
their sovereignty to select body. In
forming a constitution, as the people
are too many to act in their collective
capacity, the usual way is to select by
vote body of men for that purpose,
called a Constitutional Convention
When such convention is organized
what power does it possess surely not
the entire sovereignty Of the people, as
the Supreme Court Of Tennessee as
sumes. But it only has such powers as
the people intended to delegate to it.
Such convention is not called to abol-
ish the reserUed rights Of the people.
These rights cannot be infringed by it
The very object of such convention is
to form a constitution or government for
the protection Of the people in their re-
served rights, among which is the cleo
tive franchise. The Tennessee Conven-
tioa had no power 10 abolish this fran
ehise, nor could il delegate such power
to the Legislature. If it possessed the
power to take away this reserved right
from a part Of the people, it might do so
from all and assume TO itself all politi-
cal power, and thus create a despotsm
izstead Of a republican government
I he idea that q Constitutional Conven-
ton has the right to abolish the elective
franchise or withhold it from those who
never parted with it, is too absurd to
need refutation, and if such an idea had
been advanced ten years ago it would
have been treated with utter contempt
Yet the Supreme Court Of Tennessee
is forced to assume the very absurdiiy as
political axiom, in order 10 get round
the decision of the Supreme Court Of the
| United States in the case Of the State Of
Missouri VS.. Cummings The Tennessee
Court, evidently embarrassed by the
plain aud comprehensive terms Of the
decision in that case, dismisses il with
the uniounded assumption, that the
elective franchise, which every American
freeman knows is his birfhrighf, is "a
political pririlege or grant that may be
extended or recalled at the will Of SOW
ereign power. Who is that sovereign
poWer7 Is not the American citizen,
whose birthright is thus attempted 70
be abolished, an essential part Of that
very sovereignty And when you take
away that reserved right you abolish
our system Of government aud erect in
stead q desBotism, no matter By what
name you call IL The elective franchise
is not granted right but birthright,
protected BY the decision Of the Supreme
Court Of the United States above refer
red 20, and comes directly within the
spirit, If not in the very terms, Of that
decision.