Nashville union and dispatch. [volume] (Nashville, Tenn.) 1866-1868, 1867-07-31
DUTIES OF OFFICERS or ELEC
TIONS = PREvILEGES OF CHAL-
IENcEnRE

LENGEESS.
Any candidate, o. other citizen Of this
STATE, is privileged to challenge voaes. See
Code, sec. 852. But it is customary to APP
point particular persons to attend to this
duty at each voting precinct, and the re-
ceiUer Of roles being for the time place aud
purpose Deputy Sheriff, and as such hav-
ing the chief command of the place of
holding the election, has right to assign
convenient and proper places about the
ballot-box TO these challehgers, and 10 pro-
tect them in the performance of their duties.
The officer holding the election being
the Sheriff7s deputy, is for the time and
purpose a peace officer, with the powers of
a sheriff, and may summon any number Of
bystanders, officers or citizens, to assist him
in the performance Of his duties in the
preservation Of the peace and protection of
the ballot-box. See Code, sections 359, 1862,
S39, etc. By section 863, the Judges or in
spectors are also made peace officers, but of
course not to the exclusion of the officer
holding the election, who is primarily re-
sponsible for the custody of the ballof-box,
and the peaceable and orderly conduct of
the election he is by law appointed to hold
When a vote is challenged, the person
offering TO vote may be sworn BY the officer
holding the election, or by one of the
Judges. section S52.) And then "the
Judges, or some one of them, shall ask the
opersn offering to vote the following ques-
tien:
'''Are you citizen of the State of Ten
nessee
"Are you twenty-one years of age?
"DO Won reside in this county
''Has your home been in this county six
months next before this day? (the day of
holding the election.)
"Have you voted at any other time or
place in this election? m
''Any other questions the Judges may
think to be material, to ascertain the quail
fcations of the person offering to vote.
And If they or any one Of them have rea-
son to suspect that the person offering to
vote has sworn falsely, thew, or the officer
or some Justice Of the Peace under their
direction, may swear any bystander as to
the right and qualification of such person
to vote" Code section 853.
By section 854 it will be seen that all
these questions must be answered atfi-ma-
lively and that the Judges must be salts
fed of the truth of such answers-that IL,
if they have no sufficient legal reason to
question their truth from the evidence Of
bystanders or otherwise. And the Judges
must be satisfied that he is otherwise quail
fed. Else the vote must be rejected.
The above provisions of the Code are
not repealed by the franchise law; but by
that act the voter must be finale inhabitant
of this State, of the age of twenty-one years. a
citizen of the United States, and resident
of the county wherein he may offer his
vote, six months next preceding the day of
election See franchise law, section one.
But by an act subsequent to the franchise
act, passed March s, 1867, it is provided
that "such aliens as have resided more than
one year in the United States, and more
than six months in the State Of Tennessee,
shall have the right of the elective fran
chise; Provided, that such persons shall
have previously declared their intention to
become citizens OF the United States, and
that they shall not have participated in the
late rebellion" Acts of 1867 c. 81, sec. /. |
10 will be seen that this varies the proyi-
sious ofthe Code and franchise law only as it
regards citizenship Of the United States.
The alien having declared his intention TO
become citizen according to law, is as
much entitled to vote as if fully naturalized
waving all discussions as to whether
the alien under this latest act is entitled
10 vote without registration or certificate
We are informed, and have no doubt,
many persons have been registered who
have not resided ia the county for six
months next preceding the election, and
some WSo are not of age. Let all doubtful
potes be challenged If a person shall so
vote frauduienily, whether challenged or
not, he is punishable by fine and imprison-
ment See franchise act, sec. IA False
swearing at the polls is perjury, punishable
by imprisonment in the penitentiary.
Let our friends see that competent chal-
ialgers are appoiat,d at every potiag precinct
The officer holding the election is Ee-
quired by law to act With the Judges M
the counting Of votes Code, sec. SCI. And
the same officer is required to make the
returns to the Sheriff, and with the Judges
certify the poll books. In making out the
returns the officer should certify that the
election was opened and held according to
idU
BY order of the Executive Committee of
Middle Tennessee.
JOHN LELLYErT, Chairman.