Nashville union and dispatch. [volume] (Nashville, Tenn.) 1866-1868, 1868-02-07
orrICEs AVE JURIEs.

OFFICES AND JURIES.
We have at least one fair-minded Rad
zeal editor in this State; one who will
NOT perAit his devotion to his party to
prejudice him against law and right and
Justice We allude to the editor of the
Murfreesboro Watchmdn. In that paper
Of the 9th inst, the pretended removal Of
disabilities fog holding Office or sitting on
iuries is treated as follows
"The Legislature has at length removed
or rather gone through the process of re-
moving the sixteenth section of the fran
chise law. The House bill, which removes
all disabilities for the holding of Offices or
sitting on iuries, on account Of race or
color passed the Senate on Thursday last,
on its final reading, by vote Of is TO 8,
and is said now to be law Of the State.
This may be true or it may not be true.
We believe the Supreme Court has decided
that the franchise law is a part ofthe State
constitution. If the Legislature has the
authority to amend one section Of the con-
stiiution, they have the authority to amend
anothers But we do not believe the power
lies within that body alone. The constitu-
ton itself provides how and in what man
ner it shall be amended.
This We think is the only legal way 10 re-
move the odious sixteenth section. Let il
be understood, however, that while we
thus speak of the action Of the Legislature
in this matter, that we are NOT opposed TO
the removal Of the disabilities of colored
men holding Office or sitting on juries, bnt
we do oppose the lie al and uneonstitn-
tional method of the rr,aoVal Of snch dis
abilities.
"Our State constitutional does need amend
menis, hut there is but one way by which
il can he done, and that Is by the section
above quoted. Il should he amended 30
thai our legislation should be for the bene-
q Of the whole people, not for any class,
color or condition. Let ii I've amended so
as 10 enfranehise the disfranehised; the
paying of poll-tax by all voters, and re-
moving ali disabilities from holding Office.
Then and moi till then will we have a State
that has truly a republican form ofgovern-
ment."
The editor Of the WdtchmGn is not
blind to the fact that If the Legislature
had no authority to ehgraft the sixteenth
section upon the franchise law, which IS
held to be an amendment to the constitu-
ton, there is verS much in that law
which that body had no authority to
enact But the supreme Court has
passed upon the main features of the
franchise law as it now stands, and held
at 10 be a part Of the constitution; that
the convention of January, 1868, had
delegated to the Legislature the authority
to enact this franchise law, and that
selfsame Legislature, when extending
the franchise, that there might be no
mistake as to the powers they granted
under the authority they claim had been
delegated to them, added a section pros
yiding that this act that is, this
amendment to the constitution which
gives the negro the right to vote shall
not be SO construed az 10 allow the coli
ored man to hold Office or sat on juries.'
This famous sixteenth section was thus
made part and parcel Of the amend
ment to the constitution. Ii the Legis-
lature had the authority to erteHd. the
right of suffrage to class already ex~
cluded, it had equal authority to exclude
that class from holding Office or sitting on
iuries. Ii assumed to exercise the pres
rogative of sovereignty in both cases, and
until the Supreme Court decides that
they had no such authority in the latter
case, no negro can legally hold Office in
this State
Ii will be seen that the Wdtchmda
takes the ground substantially, that under
the proscriptive laws in force in this
State, enacted by Radical Legislatures
for the sole and exclusive benefit OF Radi-
calls as a party and as individuals, We
have no republican government This
is precisely the position which the Con~
seryatives have maintained since the in
auguration OF the harsh, proscriptive
measures by which the men now con-
trolling the affairs and monopOlising the
Offices of the State have been enabled to
retain the power which adyentitious eir-
cumstances placed in their hands