Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1869-10-29

| constitution, and the adoption OF tn
amendments Just proposed to the bi
would amount to ignoring the provision
| of that law. thus bringing in question tn
yerv action by which the convention shout
be called. He hoped that the amendment
would not be adopted.
Mr. Cheatham, of Davidson, etc, re
gretted very much that the questions nov
Under consideration had not been settle,
bv the Judiciary Committee before pre-
senting their bill.
Mr.. Fleming, of Knox, Chairman of tn,
Judiciary Committee, said that the poin
embraced in the amendment had not beer
brought directly to the attention of tn,
committee. But, as for himself, he wanted
every man to vote, and regarded the fran
chise law as mere waste paper
Mr. Hornberger, of Montgomery. helC
that the doors should be thrown open wide
and every man be permitted voice a
to calling the convention, which was tc
change the organic law of the State. The
time had come when bygones should be
regarded as bygones. Let us not, in call.
ing this convention, show a proscriptive
spirit but kind, conciiatory and liberal
policy, which shall embrace every man in
the State of Tennessee.
Mr.. Smith, of Washington, expressed
some doubt as to whether the plan involved
in the amendments could be carried out
consistently with the oaths and obligations
which the members of the House had as
sumed, but he was ready to follow the
safest and surest course that could be
pointed out.
Mr. Singletary, of Carter, said he had
hoped that all the prejudices and passions
engendered by the past condition of things
had been buried with Stokes, but he would
tell members that If the bill were passed
in its present shape the announcement
would go forth to the world that this Legis-
lature intended to disregard all previous
Immediately preceded it. He repudiated
the idea that this General Assembly could
do away with the franchise law, which was
portion of the organic law of the State.
Mr. Hornbeger insisted that it was a
mere question to whether the spirit shown
by the Legislature should be magnanimous
and liberal or not There was nothing in
the oaths or obligations taken by any men,
Der to prevent the General Assembly from
fixing whatever qualification or removing
whatever restrictions it might think proper
with regard to those who should vote for
or against calling the Convention.
Mr.. Singletary, in order to test the sense
of the House, moved to lay all the amend
ments on the table Rejected by the fol-
lowing vote:
Ayes-Messrs. Agee, Baker, Boyett,
Clark, of Haywood, Eckel, Hunley, Keeney,
Layman, McBath, Mcconnell, Morrison,
Roach, Singletary, Slimp, Snodderly, Ste
phens and Iucker-17.
Eoes-Messrs. Baber, Barry, Bsrton,
Boyd, Bright, Caldwell, Casey, Cheatham,
Colville, Curl, Dunlap, Enloe, Fleming,
Glenn, Hampton, Hornberger, James, of
Hamilton, James, of Smith, Jones, Kelly,
Kenney, King, Knight, Longaere, McClary,
McGaughey, Nicks, Nixon, Owens, Rhea,
Rosson, Russell, of Hickman, Russell, of
Rutherford and Bedford, Sadler, Saunders,
Scott, Sherrod, Slack, Spears, Steele,
Thomas, Townsend, Walker, Warren, West,
White, Wilson, Young, and Speaker Per
kins-49.
Mr. Roach, of Carroll, etc, proceeded to
address the House He briefly reviewed
his course in the last Legislature in consist
ent and persistent opposition to the fran
chise law No man had struggled harder
against the policy which had shackled the
people Of Tennessee with political disabili-
ties, but the House should remember that
the franchise law, odious as it might be,
was still a part of our constitution. As
such it had been recognized by every judi
cial and other competent authority, wheth-
er State OF national, where its legality had
II hn 4l,.a
House, it was virtually proposed to wipe
out the law by a mere enactment of the
Legislature. Let there be no action which
would show disposition to run roughshOd
over the organic law of The State. Let US,
in the words of Davy Crockett, first be sure
we are right and then go ahead.
Mr. Fleming argued that, admitting the
franchise law to be part of the constitu-
ton. there was nothing in the bill under
consideration which conhicted with its pro-
visions. The bill proposed simply to call
the people together in their sovereign ca
pacity. as an independent original body,
and the franchise law imposed no restric-
ton as to the qualifications of those voting
for or against the convention. This was a
matter entirely within the province of this
General Assembly.
Mr. Roach insisted that the question
now before the House was not whether the
franchise was OdiOus or not, but as to how
to get nd of this law in a legal way, and in
accordance with the constitution.
Messrs. Walker, Steele and Speers then
withdrew the amendments offered by them,
and the following amendment was sent to
the Clerk S desk, as originating jointly from
those gentlemen:
Every man of the age of 81 years, not
jndicially convicted of crime, being a citi-
zen Of the county wherein he may offer his
vote six months next preceding the day Of
election, etc.
Mr.. James, of Hamilton, held that it
mattered not so much by what particular
means or through what peculiar chan
mel the people were called together
in convention; the vital point was
their ratification of what the cOnven-
ton might establish, If the people ratified
the action of their convention it became
part Of the organic law of the State, what
ever might have been the circumstances
under which the convention assembled. He
cOntended that under the Bill OF Rights,
which held that all power was inherent IN
the people, even those who had been dis
qualified to the franchise law were fully
competent, as at least portion of the peo-
pie. to have voice in the calling Of con-
vention. In that convention ali the people
should be represented. He insisted that
the franchise law had never been recognized
as a part of the Constitution by any legal
tribunal and this Legislature was perfectly
competent to repeal any of its provisions,
as proposed in the bill.
Pending the debate the House adjourned
to go p. NJ.
Afternoon Session.
The discussion on the joint amendment