Nashville union and dispatch. [volume] (Nashville, Tenn.) 1866-1868, 1867-02-01


delivery Of said Farris to the care and safe
keeping of His Excelleney, Governor
| BrownloW, or to the sheriff or tailor of
Davidson county, Tennessee.
The amendment was so amended as to
strike out tbs words "GoYernor BrownIow''
and insert after 'iailor of DaYidson2 COR
Shelby eounties.' The amendment was
adopted, and the resolution as amended
cohcurred in.
! THE FRANCHISE.
/ The unfinished business Of Yesterday,
being the bill amendatory Of The franchise
| law, was taken aD.
Mr. Wines, Of Montgomery, said he re-
| GREETED that be was not in the House at the
! time Mr.. Z. made his remarks. He re-
| gretted this very much He agreed with
| the member that the convention was valid
and constitutional. He read the law on
| the subject, stating that they had an in.
| herent and indefeasible right to change the
organic law What did the constitution
| adopted by the convention, the legality of
which was admitted, as was also the sehed-
| ule, do ? The schedule declared the right
OF the General Assembly to extend, limit,
enlarge or restrict the franchise for the
| peace, happiness and welfare of the people
Of this State. Say they had this right con-
ferred on them by that very power. Why
lad the gentleman, if his views be correct
offered bill repeating the franchise law
II was understood that the eonstitutionality
of the franchise law would be tested before
the Supreme Court, and had been before
| several OF the inferior courts. IF uncon-
stitutiOnal, that was the tribunal, not here
for it to be tested He held that this body
should act with legality, judgment
and cOnstitutionality, but he was well
convinced Of the right. Has this
body exhausted all its powers? He
thought not. The constitution and sched-
ule passed in February, 1865, provided for
the elections of 1867, and specified the
| qualifications, etc How do we in this
country talk about Legislative bodies? We
talk about the 3Sth, seth, and 40th Con-
| gress, without division of session. This
was the same Legislature, the same As
sembly, on which the constitutional powers
we're conferred. In speaking Of our na-
| tiOnal legislature, the sessions are no. re-
ferred to. This is the same Legislature,
| possessing the same continued power and
| right conferred in 1865. 1t has the same
and all the powers now that was conferred
upon it then, call it what session you
| please. He had wanted the BODY to act
! with prudence and discretion, and he
| thought they had done so. He was sorry
that the convention comforting the power on
the Assembly, did not themselves take it
| by the horns and settle the franchise bill
| themselves. However, it was, perhaps,
| better that the Legislature had been in ses.
| sion long enough to witness the workings
| of the first franchise bill. He was, in
! Montgomery county, abused upon the pre-
| text that he had sustained the franchise
! bill. But it was because he had stood by
the Union party through peril and through
victory, and, continued the speaker, so help
me God, intend to do SO as long as my
voice and my arm can be raised in its de-
Tense. There was one clause of the fran
chise bill that let in everybody. The pro
vision giving the registration of voters to
the County Court Clerks was bad feature.
| More than half Of them were disloyal.
They all felt that there were bad features,
and methods of modification were suggest
ed. He read the clause that, whenever it
was thought necessary, the power was con-
ferred to change it or alter it as emer-
gencies might require. AT their former
assembly these radical defects were seen.
There were still defects in the franchise
The political control Of the State must re
main in the hands of Union men, other
wise we are gone. How would it be If
the political questions of the State were
confded to those who did their Mt
most to break up the govern
ment state aud national "The consti-
tuition 70 Many there are now who are
| faplar 4ha GO ,oopstffnfanr, -
| What cared those now most fearful of con-
stitutional infringement for the sacredness
Of the Instrument in 1861 They we're
then trying to break it to pieces. The
speaker was unwilling 10 trust to those
who had done all they could to bring us to
desolation and ruin. The negroes we're
oppressed in Logan county and other
parts of the State. They ought to have
the franchise privilege extended to them,
and given all the facilities Of citizens to
sustain, protect and defend themselves
The government must be maintained in
loyal hands The loyal coiored males of
proper age should have the right to vote,
and if it we're necessary to keeping the
state government in loyal hands, he would
be willing to extend the same privileges to
| females also.
fzMr. Brown, Of Modison, wished ITO do
and vote right upon this subject, His pO-
sition was rather a novel one. He was
reported at home and in various places as
the Rebel from Madison" 1t did moi
annoy him, and he mentioned the fact
that the members migbI give him their at
teniion, if not for himself for his cause
He was we'll knoWn as loyal supporter o.
the government, though there had beer
| passed many measures which he disap
. | proved Of. He was opposed to the fran
ehise bills. The negroes had been incor-
porated among MS in one sense as citizens,
and part and parcel Of us He was OPP
posed 10 this franchise bill and this class
legislation, the inauguration of which b,
deemed unfortunate. The constitution i
l amended, and submitted to the people
The schedule is class legislation, festric
tive and exhausis ITSELF The convention
which was called 20 amend the eonstitn
ton. defined that the legislature had certain
powers with the conference ofwhich thesche
dule ceased 20 exist having no further infu
enee upon legislation. This schedule had ex
hausted itself, and passed of Of the statute
by reason Of its having answered the law
Of its creation. In the very wording Of i
il refers 90 the past Legislature. What j
meant by that? 1t meant at the time Whei
the Convention had assembled in pecnlia
p and extraordinary circumstances, tina
the first Legislature that met should regl
2 late the franchise. What did that Legisla
= ture do? II passed the franchise Of 1865
P This was the action contemplated by tn
!, Convention, and vas 50 promulgated, ant
z the officers of the State were instructed (
carry ont lis provisions. The schedule ha,
= been perfected What now could hay
p been done II some of the clerks wer
z rebels and issued wrong certificates il va
e not the fault Of tae law. There was a dele
= gated power when that power was ex
= ecuted there was the end Of IT, IL | 81
e point you an agent Cor a certain purpose
e when that purpose is accomplished you
o agency ceasec you cannot sit down and a.
e sume that your agency still exists, withou
b the delegation Of renewed powers. Yon
powers were not designed 10 be Perpetna
% nor lasting, farther than the accomplish
e nent Of the specific object for which 4 wa
= delegated.
j. Take il for granted, for the sake Of argu
O nent, and only that, that this Legislature he
had a continued existence since the adoI
P ton Of the constitution. Suppose thei
e powers had not been exhausted, with tn
:. same poWera 81 IN the Rrst session. Still
y Won cannot pass this law.
We read from the constitution OF n
q State Of Tennessee, sec. IS, ART Pad, Ths
e the substance Of no rejected bill should
4 passed in another bill during the sam
session. He read from the Constisutio
p 2 .~ba~a M a1arn4r Of faNFanea offered a