Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1868-11-28
REPEAL THE FRANCHISE LAW
A Radical Appeal for Justice
Shall Tennessee Become a Re-
publican State?
From the ClarkiviIIe Patriot Radicar, NOV!'25'

| We wish to present a few ideas under
! this head for the benefit of our readers,
| and it will be necessary, in order to be I'M
| derslood. 10 take a somewhat retrospective
glance, and see how our State, struggling
out of the vortex of rebellion, has reached
its present position. We are in no mood
10 crilicise and find fault, but, on the con-
trary, would fain avoid anything Of the
| kind.
On the Sd day of March, 1862, Andrew
johnson was appointed, by order OF the
| War Department, Military Governor OF
| Tennessee. January 9, 1865, was chosen
by self-constituled committees as day for
a convention of the loyal people OF the
State. They met and proposed certain
| articles as amendment to the State constl-
tuition, and among them schedule, section
| 9 of which reads:
THE qualification of voters and the hmlta,
finn of the elective franchise may be determined
by the General Assembly, when shsl MOI
assemble under the amended constitution
The schedule above referred to, was, on
| The Odd Of Feb. 1865, submitted to vote
| of sncb as could or desired to vote, and it
is our recollection that about 1900 voted
on that day, and the schedule was declared
| ratified: and on the 4Ih Of March there
| after a Governor and General Assembly
were elected by general ticket" that IL,
a man who voted, voted for every Senator
| and Representative all over the State, and
in some counties the Representative for
that county not receiving within the county
| a single vote.
On the Sd of April, Governor Browniow
delivered his first message, and the Legis-
lature began its labor. which was tedious
and embarrassing. The treasury was empty,
war still RACED, and all was doubt and dis.
trust. Acting under authority derived
from said section 8, the Legislature passed,
lime 9Th 1865. a sweeping DISTINGUISHING
law and made the Clerks Of County Courts
or offcio registrars Of voters. 1t was feared
| by some that the provisions oil ms la"
were either too loose, or that II was SO
| loosely administered, that the affairs 10 oil
ferent counties, some of the congressional
districts, and perhaps the State at large
would pass from the hands OF those VINO
wished indefinitely TO control the State
government Accordingly, on the 50 Gay
Of May, 1865, still another DISTINGUISHING
law was passed, very materially changing
the first. and making the acknowledgements
vet more sweeping, general and severe,
but. like the first, exemptlng from Its
proyisions those who had shown an IncllDa-
ton TO vote with the majority, no matter
what their antecedents. If they would
vote right, they were permitted, even II
Rebel soldiers. To make this law more
efTsctual, more centralizing, and less Re
nuhlican or Democratic, the Commissioner
of Registration was made a creature OF
the Governor. who was himself Il standing
candidate for the sufirages of the people.
And by enactment and practice without
pracedeDt. the Commissioner could be re
moved and another appointed, aud If any
nsrticnlar county was likely TO pass INTO
the hands of the "Rebels," which meant
opposition to the pet measures OF the State
administration, the registration for that
connty was set aside, declared void and
anew one ordered, and il no candidate oI
sufficient maleability Of conscience offered
? his services az Register, one was sent IRON
the State capitol fully equipped win pie
nary poWers. 1t is notorious that 10 tht
election just passed, men voted who nae
no hopes of getting a certificate, and Woulo
not have received one but for the fact ina
thew would vote for the father OF III
franchise law"
This franchise law OF Our State, adopte'
a. a Temporary measure, and deemed ne
cessarv to save the State from III
hands of those then recently IN arms -
its overthrow, Is the subject OF much cru
cism and the cause Of much dIsqulet. /
, bebooyes us as Republicans, II we Woul
l save our laurels already won, to see to
that it be fairly administered. No law
40 disastrous aud mischievous as that whlc
Is uncertain and contingent. Now, tn
mower of the Legislature over the franchls
law has ceased by it, own terms. No ma
can lawfully be deprived of a vested RICH
and If deprived al all of his license to vot
/ and if q registration be set aside, 1t Is j.
dicial, not an executive or ministerial inn
II ton. II is not the subject of legisIatlN
e control. The act OF the Leglsl
/ ture authorizing the Governor to set aslc
e and declare void the registration OF ar
o county, and anuulling the certificates he
n bona tide by citizens, is clearly unco
81 stitutional. If man has procured &c
ID tifcate by fraud, it is q question Tor Il
t conrts and the courts alone, and not Tor
y feeble Governor, acting upon no proof e
cept the anxiety of partisans Such ma
as apement, such utter disregard OF law, "
nut us in utter disrepute;
a deed. it has put ns in that light
a. ready with the National Republic
n party; to which party Tennessee has
OF fact never belonged, nor been in harmon
is, save to vote for the same President. '
nd have frittered away between twenty the
ia, sand and thirty thousand of our MAORI
3 and are fast losing the rest.
tn On the 4th of July, 1866, the Legislatu
nd vas convened in extra session to adopt
"a amendment to the constitution OF I
nd United States known as article IA, Will
IN was inst an right, and is now the law OF
OF land. In order to procure quorum, c.
m tain members of the Legislature vi
by placed under arrest and forcibly held, a
las for the interference of Judge Frazier
re- was impeached. That amendment wa
The part of the congressional plan OF rec
st struction, and prominent plank with
led marty and after the State had gone to ST
ND lengths to adopt it, we were morally
a legally bound to make our State laws
lcy form to il, but we never have. No me5si
ION of the Governor, no editorial oil lead
nat paper, no utterance of our promln
the speakers, nor a single resolution Of
State convention which we have held 81
7us- then, has given any assurance that
STATE. we will EVER conform our laws
1ol- the advanced liberality OF the hour;
on the contrary, every resolution e
4 oil squirting that way ID tabled iHstanteT
by was in our last State Convention.
8 IN We give below a resolution of the
publican National Convention, adoF
the at Chicago in May last:
the ,,n..,19, TIT uo bigbIv commend
lsed spiri. of magnanimity and torbearance
which the men who have served IN the r.
,o;,l lion, but now frankly and honestly co-op'
20 with us in restoring the peace OF the c9u
the and recnnstructng the southern state GOS
a be | rneuts upon the basis of impartial justice
H. equal rights are received back into the con
t"e MON of the loyal people; and we favor TN
tins moval of the disqualihcatlons and restrlc
ring imposed upon the late rebels in :, the same
len sure as ther spF o1 tbs safety If the
Blind p Imgy e. ''''''''''' w.
able. How unlike. this, the assertion o.
=. Hon. s. NJ. Arnell at WaynsbOrO,
pm Der u. 1868, when he declared thai
help him God he would never consent
repesI OF the present franchise law :"
Mr.. cite this man as authority, because
r the all powerful with the Governor, ant
; the procure any Executive interference t
coal Their his private ends.
Sections 4, 743, 4,744 and 4, 745, found
pages $50 and 85l of the Code of TIE
D I'M see, was formerly our law, and all tn
scord we had defining and Furnishing Ire
This law was repealed by the State
Com lature Nav 8, 1861, and again re-en
cans. Nav 90, 1866. The repeal, May 3.
was valid ard lawful act, for the
il lie lature of 1865, recognized all laws |
next, prior to March &, 1861, on which
named day, the State, by its LeSisl
.rd. [ ,a,.I,J An Il; Oh not usS ia law for the