Nashville union and dispatch. [volume] (Nashville, Tenn.) 1866-1868, 1867-02-14

man."
To fhis amendment was appended q
schedule, by which the secession of the
State was declared null and void the acts
and resolutions of the COnfederates were
likewise declared null and void, and pro-
vision was made for the restoration of Law
and order as IL existed before the war
changing the constitution only upon the
subject Of slavery.
Sec s Of that scheduce provides az fol-
Tvs:
chat the proposed amendments 10 the
constitution and the schedule thereto be
submitted to the people at the ballot-box
on the 22d Of February next, aud that upon
the adoption thereof by the people, an
election shall be held on the 4th of March
next for Governor and members Of the Lee
gislature, the latter to be voted for by gem
eral ticket upon the basis prescribed in the
act apportiOning representation in the State,
passed on the 18th February, 1852, to as
semble at the capitol on the first Monday in
A pril next; said oficerato continue ia Of
fee until their successors shall be elected
and qualified under the regular biennial
election Of 1867.
Sec provides that the qualification. Of
voters, and the Limitation of the elective
franchise may be determined BY the Gen
eral Assembly which shall first assemble
under the amended constitution.
This amended constitution, with the
schedule thereto, was, on the 22d of Feb
ruary, 1865, 80 far as it could then be done
in the disturbed condition Of the country,
submitted to the people for ratification or
rejection, under The following rules pre-
sCribed by the Convention:
Resolved, That when the above amend
ments Of the constitution Of the State Of
Tennessee shall be submitted 10 the people
for ratification or rejection, and at the first
election held under said constitution as
amended If ratified by the people, no per
son shall be permitted to vote unless he
take the following oath at the polls. 4
! sOlemnly swear that | will
henceforth support the constitution of the
United States, and defend it against the as
saults Of all its enemies; that | am an
active friend Of the government of the
United States, and the enemy Of the So
called Confederate States; that | ardently
desire the supp ession of the present rebel
lion; that ] sincerely rejoice IN the tri-
umphs of the armies and navies of the
United States, and in the defeat and over
throw Of the armies and nayies and of all
armed combinations in the so-called Con.
iederate States that ! will cordially OPP
pose all armistices or negotiations for peace
with Rebels in arms until the constitution
Of the United States and all laws and pro-
carnations made in pursuance thereof, shall
be established over all the people Of every
State and territory embraced within the
National Union and that | will heartily
aid and assist the loyal people in whatever
measures may be adopted for the attain
ment Of those ends; and further, that |
take this oath freely and voluntarily, and
without mental reservation. So help me
God"
To this oath is the following provisO:
"That this oath shall not be required Of
citizens who are well known to the judges
Of the elections to have been unconditional
Union men,"
1t is manifest by the eighth section of the
schedule above quoted, that by the submits
sion Of the amendment 10 he people of the
State without limitation, it was meant that
all The people of the State, who were voters
by article 4, section ], of the constitution,
were entitled 70 vote upon the amendment,
and for Governor and members Of the
General Assembly Regarding the eighth
section of the schedule as a part of the
constitution. all such citizens would have
unquestionably had the right TO vote with
out any Limitation, but for the adoption of
the resolution above quoted. The oath
required by it being taken, il was full
and complete qualification TO vote upon the
constitutional amendment, and for Gov
ernOr and members of the Legislature in
all subsequent elections. Could there be
more important elections in the State than
! those and can any one Justly say that the
convention did not intend to fix the quail
fcation of the white man to vote. 1t would
be most singular indeed, If the convention
should permit persons TO vote in these most
important elections and leave to the Legis-
lature to determine afterwards whether the
white man should vote, or which of them
should vote?
What was then left for the Legislature to
do bv the ninth section of the schedule,
and why was this left to that body2 The
negro was vet a slave; the constitutional
amendment abOlishing slavery had not yet
been ratified by the people, and until this
ratification the negro could have no politi-
cal rights The ratification could not take
place until after the adjournment of the
convention. SO that il was impossible for
the convention to have provided for the
enfranchisement Of the negro. 1t certainly
| had all the power to determine the quail
| fcation of white voters and limit the cleo
! tive franchise as to white persons which Il
! could possibly confer on the Legislature, Il
| il had been the desire OF intention of the
convention 10 change the rule fixed by
article A. section !, as TO white persons
| But with regard to negroes it could dc
| nothing more than what il did do; that wal
TO provide that the first Legislature conven
| ing after the ratification of the amendmen
abolishing slavery might determine th'
| qualifications necessary for the negro vote
aud regulate his right to vote, Without thu
power conferred by the constitution on th'
| Legislature, the negro, after the ratification
OF the amendment establishing slavery, coul'
not have been enfranohised without anothe
amendment 90 the constitution. To ayoi,
this, the first section Of the schedule wa
adopted To the extent therefore, of de
ltermining the qualification of negro voter
and of limiting the elective franchise ns 4
them, the Legislature had the right TO lie
gislate upon the subject Of the franchise
10 this extent and no further.
We insist, therefore, that the passage O
the present bin is Ia violation Of the lette
and spirit OF the constitutional amendment
and OF the ninth section OF the schedule
This is so obvious, as il seems 10 as, that
Is only necessary TO be stated 20 make
manifest 70 any observing mind Of ordinar
intelligence. The limitation Of the quGli
6cation fixed hv the Convention for th
white man was an oath of fidelity then, an
in the future. 20 the constitution, withou
any reference 20 past participation 40 th
rebellion. The qualification required b
this act is thai he must never, at any tune
have said or done anything idyoring th
rebellion. lf he did, he can never yot'
The convention could certainly not hay
gone farther than il did in prescribing term
Of voting Tor the white man without plai
violation Of the bill Of rights. All fire
white men under the constitutional llmit'
tions had the right 20 vote This rigl
was only suspended by the war. As 500
as the rebellion was suppressed, and Ia
aud order restored this inallenable and Il
deieaslble right 20 vote was revived. Ne
Their the convention nor the Legislatui
cauld deprive the free, white, America
d | citizen of that right, and all action tendln
l. o.. 1t M ...v.s,nf5., |