Clarksville weekly chronicle. [volume] (Clarksville, Tenn.) 1865-1867, 1867-03-29
THE FRANCHISE LAW.
Important Decision by the Supreme
COurt.-.The Act OF May 3, 1865, De-
Clared Constitutional.

Important Decision by the Supreme
COurt.-.The Act or May 3, 1855, De-
Clared Constitutional.
The followinb decision was' delivered in
the Supreme Court ON the 2lst instant:
Bloomfield L. Ridley Us. Freeman Sherbrooh.
On the lst of August, 1866, the plaintiff
in error filed his petition in the Circuit Court
of Rutherford, for manddmrs against the
defendant, as a register of voters appointed
under the provisions of the act of May 3,
1865, passed by the Gen raj Assembly of the
State, determining the qualifications OF vo-
tiers and limiting the franchise. The petit
toner AYERS he is fifty years of age, has been
a citizen and resident of. that county for
more than twenty years, that he is a free
white man, that on the 26th of July, 1865,
he was pardoned by the President of the
United States for all offenses committed against
the government of the United States and State
of Tennessee, and has committed no offense
against either since his pardon and has in all
respects conducted himself as loyal citizen,
and that he has been accustomed to exercise
the right and privilege of voting at all elec-
tions in said county, as guaranteed to him
under the constitution of the State of Ten,
nessee, and which right and privilege he has
never forfeited, that the defendant is exerci-
sing the right to register votes in said coun-
ty under the provisions of the act referred
to, and giving certificates that on the lst
day OF August, 1866, not recognizing the va
lidity of said franchise act, except SO far as
it authorized n register of voters and the is
suance of certificates in accordance with the
act requiring registration, he applied to such
defendant at his Office, in the town of MUIR
freesboro, TO register his vote and give him
certificate as qualified voter Of the coun-
ty; he offered to produce his pardon but was
informed he would not register his vote until
he brought himself within the provisions OF
the act of May 3rd, 1906; he prayed man.
damus nisi issue against the defendant, that
he appear and show cause why peremptory
naandam,ls should not issue, and that by judg-
ment of the court the defendant Sherbrook,
be compelled to register him as a qualified
voter, and issue to him certificate. A man
ddmus 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 70 the late
rebellion, resided in the county of Ruther-
ford, and had, up to that time, exercised all
the privileges Of a 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, that be 1;
the register of voters in said county under
the provisions of the law referred to, thai
the plaintiff in error applied to him to regis
ter his vote and give him a certificate, bu
would not comply with the provisions of thu
law Of May, 1866, so as to entitle him to q
certificate and registration.
The cause came on to be heard before tbs
Hon. Henry Cooper, who being Of the opin.
ion that the defendant in error was not q le
gal and constitutional officer of the State oi
Tennessee, which he assumed to hold, il be
ing created by a body calling itself the Leg
isature of Tennessee, when by law said body
ceased to exist, and therefore the officer ere
ated by them was no officer, and the appoint
ment of the defendant in error was null and
void, and dismissed the petition, from which
the relator appealed to this court.
These facts involve the consideration o
the constitutional validity Of the acts of th,
General Assembly, respectively passed on tn,
9th of June 1865, and the Sd Of May, 1866
commonly known as the Franchise Law.
The questions raised are Of the creates
consequence, and they have been discussed
with great zeal and ability on both Sides
With the consequences that may follow from
any decision we may make, as we'll as tn,
wisdom aud policy Of the laws, We hav,
nothing To do. We cannot enact laws O
change their results for good or for evil upol
society. Our duty is to declare and enforc
them as we find them written, and test thei
validity by the constitution.
For the proper understanding Of the ques
tions involved, ii becomes necessary to lool
to the situation and condition Of the countr,
: at the time the constitutional amendment
and schedule, under which these laws wer
passed, was submitted to the people and tn
causes that led TO their adoption.
In 1861, large portion Of the people Q
the State of Tennessee and other Souther
States OF the Union, attempted, by an arme
rebellion, to throw of their allegiance TO tn
government Of the United States, and
: erect within the territory separate and in
dependent government; a civil war followed
G which continued until 1865. During i
= progress the Governor and many of the of
GERS Of the State fed, carrying with thel
: the archives and treasury of the State, mo-
e Of the courts OF justice were closed, the pc,
Pile of the State were without an organize
State government, a dismal anarchy owe
= spread the land, rowing bands Of bandit
j, plundered NJ citizens with impunity. The
were without protection Of law there W,
no security for life or properly fear ha
seized upon the hearts of the people, the lar
J, was drenched in blood, ana anarchy reign'
supreme; While yet the smoke Of bait
fingered around, the loyal pSople Of the Sta
s' assembled in convention at the capital Of Il
s. State, for the purpose of recognizing Il
se State government. under the authorities
ly the State, aud To place the State in her a
Of cient moorings, from which she bad been
violently drified by the act Of "a portion
III the people, and TO restore the supremacy
c. the laws, bring order out OF chaos and tn
secure to the people peace, safety and ha
piness.
The constitution recognized, TO the flll'
extent the principle that al power is iuh
rent in the people, and all free governmeT
ars Gnunlel IN IN, n authority snl inetil