Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1868-08-18

the only one which was necessarily t,
become part of the Constitution Itself
The Sth section provides that 3" the pro
posed une,ldmegts to the Constitution
and the Schedule thereto" should bl
voted on by the people, and upon th,
adoption thereon by them, an election
for Governor and members of the Legis.
lsture should be held.
And then follows this provision, as
Section 9: {" The qualifications Of UOters
and the limitations Of the elective iran.
cIise may be determined by the General
Assembly aohich shall first assemble under
! the amended Constitution"
The first Resolution provided how votes
ain favor OF The foregoing amendments
and schedule " should be given.
The second provided the oath to be
taken, when the above amendments
Of the Constitution should be submitted
to the people.
The others have no bearing on the
! question.
There is no provision whatever, it will
+ be seen, that any enactment under Sec
ton 9, as TO "the qualifications of voters
and the limitation of the elective fran
chise" should become or be considered as
a part of the Constitution, or be ire
pealable by subsequent Legislature.
section 4 provides that the Legislature
may prescribe when the Statute Of Linn
itstions shall commence running; and
may chSnge the provisions OF that Sec
ton as TO suits by attachment. When
the Legislature Goes so, will its enact
ment become part of the Constitution,
or part OF the Schedule, in lieu Of the
second clause Of this Section 4, whereof
ii will take the place?
Admit that the Convention had, under
the circumstances, the power to amend
the Constitution, notwithstanding It's
own provisions IS to the mode 10y which
only II should De amended. ADMIT that
it couta delegate to the Legislature the
power 60 amend or add to that instru-
nlent, possessed by itself; esn il be In
ierred, on ANY sound prlGeiple OF con
sLrcuuon, that mefe grant OF power TO.
the first General Assembly to determine
the qualification OF voters and the linn
itatiOn OF the elective frsnchise, was a
delegation Of power 10 that Legislature
to incorporate It's ensctments INTO the
Constitution, OF intended 10 mske hose
enaetments more sacred than Others,
and irrepsalable by any subsequent legis-
lature? Such q delegation of . delegated
power could only he effected by express
words. Ii is certainly not to be inferred
from mere grant Of power 10 legislate
on the particular subject.
The act to limit the Elective Fran
chlse - was passed on the 5sh OF June,
1866, the power being reserved, by sec
ton 3, to alter, amend or change lis pro-
visions, at any time when, {" in the opin-
ion of this General Assembly OF the
State" it should be right and prudent to
do 50.
The Supreme Court Of the State, 10
Ridley Us. Mer5rook, said that the Con-
vention proposed TO the people for
their ratification or rejection, certain
TO the Constitution of the
State, with a schedule thereto annexed, |
all Of which was ratified -. whereby, |
on the Proclamation OF the Governor, !
e the said amendments and schedule
were declared to have been adopted by
the people Of the State, and said amend
nerts became a part Of the Constitution;
and the provisions of said schedule, for
all the purposes for which they were as
signed, had all the force of constitutional
And Of the 9th Section, the Court
'sid, "By this provision Of the schedule,
he Sovereign People conferred upon the
General Assembly designated, the same
absolute, unlimited and sovereign
1ower to determine the justification
If voters, the right to limit the elective
ranchise, which the members possessed
n their sovereign capacity"
Admit that the 9th Section OF the
chedule became part OF the Constitu-
ion. Then the Constitution said, "The
irst General Assembly that convenes
nay determine the qualification of voters
md the limitation Of the elective fran
hise." Because tlIis provision was part
t the Constitution, did the enactment
I the Legislature in the exercise of the
over granted also become part OF the
Section 4, as we have
aid, also authorized legislative action
a two subjects. Because it became part
( the Constitutions, did the action taken
y the Legislature on those subjects, also |
seome q part Of ii?
The Constitution OF 1894, which the
proposed to amend, provided,
, Section l, Of Article V, that every !
ee white man, of the age of twenty I
ne years, being citizen of the United
tstes, snd citizen of the county
herein he may offer his vote, six months
ext preceding the day Of election, shall ]
: entitled to vote for members OF the {
eneral Assembly," etc.
And Section 2 provided that flaws
sy be passed, excIudingl from the right |
suffrage, persons who may be CON- !
CITED Of Infamous cripaes.
These very serious questions present c
emsslvss: :
First, Whether the Convention meant d
empower the Legislature to annul the t
st Of these provisions az to 10000 citi- :
ns, and to set aside the exelI7sion, es- .
alishsd By the second, Of any pOds Of :