Nashville union and dispatch. [volume] (Nashville, Tenn.) 1866-1868, 1868-03-07
HAS TEIE eOVERNOK POWER 40
DTSFRANCHISE VOTERS

From the Memphis Avalanche, March 5th.
Who Is entitled TO vote? is row an i'm
portant question. Some time since prom
inent lawyer of this city published an able
article in one Of the city papers, asking
this pertinent question. There was but
little interest then felt in the elections
: which are now st hand, and the subject did
not attract that attention which its i'm
portance demanded, az We propose to re-
new it.. We qnote from the second article
of the constitution Of Tennessee:
Section !. The powers of the soyernmentshail
be divided into three distinct departments: The
legislative. executive and judicial.
Sec. No person OF persons belonging 70 one oil
these departments shaH ererciss, am OF ne polg-
efs belonging 10 either Of fAe ofhersi except IN
cases herein directed or permitted.
See 3. The legislative authority OF the state
shall be vested in General Assembly.
Article 3, Sec. !. The supreme executive
power of the State shall be vested in q Governor.
Article 8, Sec. !. The judicial power 81 the
State shall be vested in one supreme Court;
and such inferior courts as the Legislature snail
from time 10 time Ordain AMI establish, and Ia
the Judges thereof.
Now, snpposing Browniow TO be eonsti-
tutionally Governor of the State and the
body of men now in session at Nashville,
calling itself Legislature, to be cohstitu-
tionaly organized as such, and duly
clothed with the legislative authority of
the State, how stands the case? The Le-
gislature, in pursuance of an authority
which we may, for purposes of the argd-
ment. admit TO be legitimate, prescribes
the qualifications of voters, and under its
authority tribunal is erected and an oifi-
Ger appointed, to give all citizens a chance
to prove themselves qualified to vote, and
to receive the necessary evidence of that
right in certificate of registration. The
law is obeyed; the court of registration is
opened; citizens appear, and there claim
the right of suffrage; are heard and adj
judged by the officer appointed TO Judge
and determine. This is done the appli-
cant is adiudged by the court of registra-
ton to be qualified voter, and the judg-
ment of the court is evidenced by the GER
tiGcate of that officer There is not a
sane man in the State 80 stupid IS not to
know that this is judicial act Of an inferior
court, and that the power to reverse and
amend it is also judicial act, and therefore
an act expressly prohibited to the legislative
and executive departments. Gov. Brown
low has just as much right by proclama-
ton to set aside the DEGREES of Chancel-
lor Smith, and annul the private suitor's
right TO his property, declared by the
Chancellor's decree as his, as he has by
the same means to take away the right OF
suffrage sdjudged to the citizen by court
appointed for that purpose. The pro-
visions of the act of the Legislature as
i suming to give that power is a nullity,
because the Legislature had no judicial au-
thority TO confer, and it4 act is just az
II 4 L., a. - a.
attempting, by proclamation, to confer
the same upon the Legislature. One Judge
in West Tennessee has already held such
proclamation to be void, and there is not
an honest Judge in the State bnt will
hold the same way, unless he Is fool.
Now, wrongfnlly to withhold this right
from citizen, either by Judge of an
election or by any one else, is made mis-
demeanor, punishable by fine or imprison-
ment, or both, besides being liable to a
| private snit for damages. We would,
therefore, advise all citizens who hold
registration papers obtained from Mr..
Davis, TO go to the polls and Offer their
ballot, and if refused require the Judges 10
write on the back Of it the name of the
party offering 20 vote, and the word ere
lecied" Then let all such bring their
action against the judges refusing the
| ballot, and also go before the grand jury of
! the Circuit Court and demand indictments.
! Upon conviction, Brownlow's pardon will
not relieve them He NAV remit the fine
! but cannot remit the cost including the
4 Attorney Generals fee. This alone will
make each case cost the judges, refusing the
vote, between five dollars aud ten dollars
and two thousand such cases will teach the
parties a lesson that they won't soon forget.
And the lawyer already alluded 10, whose
name has been left with us, authorises us
TO state that he offers his name without fee
or reward for the prosecution of all snch
cases. Let every man holdings certificate
propose to vote, and if refused, appeal TO
The bar for the damages he will most GER
tainlv secure