Nashville union and dispatch. [volume] (Nashville, Tenn.) 1866-1868, 1867-01-31

/ Charleston railroad to use the solid :"
/ rail of fifty pounds weight to the yard, was
1 ealledup but before il was acted upon the
| House adjourned until two o'clock P. n.
! AFTERNOON SESSION.
The discussion of the Hill allowing GER
| tain railroads 10 use the "Ie' rail was re-
mmed. Afier remarks from yafious men,
bers, 1t was referred to The Committee on
Internal improvements.
House bill TO incorporate the Tennessee
Mutual Life Insurance Company was
passed on second reading.
HOUSE, Br11s on THIRD READING.
To regulate the Etns Manufacturing
| and Mining Company. Passed.
To incorporate the cambridge Tenne ssee
Discount and Deposit Bank. Passed.
To correct clerical error az 10 the pow
ers of the Metropolitan Police Amended
and passed.
Mr.. Iellyett explained thai he voted in
the Affirmative, because the bill greatly d.
minished the number and pay of q police
establishment, TO which he was opposed.
To incorporate the New Orleans, Mobile
and Chattanooga railroad. Amended and
passed.
An Act 10 alter aud amend an Act to limit the
Elective Franchise. passed Mas 3D. 800
Section l. BE il enacted by the General
Assembly of the State of Tennessee, That
an act passed May Sd, 10 limit the elective
franchise be so altered and amended as 10
make void the word WHITE wherever It
appears in said act, and said act Of May 81,
1866, shall, in all other respects, continne
IN full force and effect.
Sec. 2. Be it further enacted, That this
act shall take effect from and after its pas
sage.
Mr.. Brien moved TO refer the bill to the
Committee On Franchise.
Mr. Smith, of Hardeman, opposed it, and
said that such papers had heretofore been
referred and pocEeted and carried of. This
b;li was before the House, and he demand
ed immediate action. The colored men
1 had been wronged and should be righted.
AT the close of Mr.. Smiths remarks, near
g hundred and fifty negroes, occupying the
| galleries, stamped and applauded vocifer-
/ ously. These demonstrations were prompt
| ly stopped by Speaker Mullins.
Mr.. Smith, Of Hardeman, moved to lay
Mr.. Brien's motion to refer on the table.
Mr.. Brien withdrew the motion.
/ DIR. Doughty said the principle Of uni
yersal freedom was progressing over the
whole world, even in despot Europe.
Should the United States be behind thee
aristocratic powers. The time had
come when our eolored friends ought
to have voice in saying who should rule
this country. He gloried in the fact that
the universal privilege of franchise should
be extended to all.
Mr.. Brien wished 10 call attention TO
the constitutional powers oftheH House touch
ing the bill. This he wished to do as duty
| he owed to himself and to his constituents.
He read the statute law of the State ex-
Gliding men Of color, exempting them from
military duty and from the payment Of poll
tax. This was before the amendment. He
further read statutes and cited law upon the
subject, some Of which were abrogated and
others still in force. He read the constitu.
ton of the State of Tennessee and declared
the schedule 4 part of the same. The
powers of the government were defined in
the bill of rights as being inherent 1.-THE
people who in convention had the right TO
make such change and alterations as we're
, deemed expedient He referred to the
State convention held in Nashville upon
the subject of the constitutional amend
|
| ment of the franchise privilege by loyal
/ | white men Of the proper age the dlsquall-
fcations of those who had deserted ofhcef
Of trust in the United States and joined the
Rebels; that all persons not specified in
the constitution adopted in convention
assembled were excluded from the pTiYi
lege of the franchise This was not s
continuation of the last Legislature
which had exhausted all its powers az
regarded the extension of the franchise
, and went "a far as the constitutions
, limits allowed them to go. And ther'
had been no change in the constitution
! since No Legislature an existence haC
J, right 10 go farther than they had gone
ANY attempt to do SO was violatiYe OF tn
. constitution, which had been published an'
: promulgated to the world. The franchls
i was a subject of the State constitution, AM
the Legislature had no power to alter tina
constitution or extend its privileges be
yond its provisions. Suppose the Legisla
lure assumes TO change the constitution
: and the franchise, then the next legislativ
n assembly could change and modify the act
Of this. The sovereign power OF the PEG
!. pie, in convention assembled, had contro
Z Of the franchise, not the Legislature. Th
q State constitution prescribing the franehis
privileges, was the Law Of the land, and
It being higher than legislative authority, wa
/. | supreme, until that constitution, as adopte
e and promulgated, should be changed b
# the voice Of the people. II is a constitu
/ tionsI provision, and no legislature o
: earth hasthe power to change it. The onl
= power 10 do so was in the bill of right
reserved to the people themselves. In thei
sovereign capacity the people Of the Stat
q have TO assemble in convention before tn
J. constitution could be changed, or the priv
b leges Of the franchise, which il limited
% could be extended. As to the merits OF tn
question, men told him that they wanted eI
l. act Justice 10 all. So did the speaker
r Ever go lively as were his sympathies 70
s. the colored man, and anxious sOeyer as b
might be to allow them to vote he Coul
Ie not vote them the privilege now, becaus'
r under our present franchise law, az fixe
n by the constitution, such vote would j
D. Unconstitutional If he were 10 vote for
II he should feel that he had committed PEI
iury, and violated his oath to support u
% constitution Of the State Of Tennessee
They had been thrown into the maelstrol
P to take care of themselves; it was SOM
s. thing new to them. He wanted them edl
e. Gated, was willing to promote their elevi
nj ton, for they we're TO he a part OF u
bat to give them what the constitutio
il specifically withheld, he could not d
'e While we stood by the laws and mai
tanned their dignity and supremacy We We
safeguarding from them We went
Of pieces. Our hopes and our safety are
We our constitutions and our laws. So LOT
of as we followed these we were the mo
ed prosperous people on earth. So soon as
departure FROM them was attempted, rui
be anddesolation followed Profting by the
sad experiences, let uspursue the right ar
on follow the laws and constitutions Of Il
e, country.
He disclaimed any connection with Il
in General Assembly as politician. He "
in the House as a member because
g. could not we'll avoid it, While here he j
ee tended 10 do his whole duty 10 the best
"a, 1 his ability. His labors in this Hou
re- would close his political labors. He low,
81 Tennessee-wss allied 10 her by the foh
est ties; she was the asylum Of his i
10 fancy, the home Of his manhood and of !
declining wears, and when death clos
re- his career. be wished to be buried on b
" soil.
L. Mr.. Brien closed his remarks by re
a 1 as..tfyr. bfa chi uinn that the laoislati