Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1869-07-03

Of the act, and shall issue TO such
persons certificates of registration"
The provisions of the other acts
are then recited, in view of all
which the court arrives at this con-
elusion: -...I
"The elective franchise is right which
the law protects and enforces as jealous
ly as it does property in ehattels or
lands. 1t matters not by what name it
is designated, the right to vote, the
elective franchise, or the privilege of the
elective franchise The person who,
under the constitution and laws of the
State, is entitled to it, has q property in
it, which the law maintains and Yindi-
Gates as vigorously as it does any right
of any kind which men may have and
enjoy.
1.-THE rules of law which guard against
deprivation or injury, the rights of per-
sons in corporeal properties are alike
and equally applicable to the elective
franchise, and alike and equally guard
persons invested with it against depriva-
ton of, or injury to it Persons in
vested with it can not be deprived of it
otherwise than by due process of law.
''To the same extent that persons cam
not be deprived of their lands and chat
tells, or rights and franchises of any
kind, otherwise than by due process of
law, it is also true, that without due
process of law they cannot be deprived
or Invested of the muniments which
evidence and establish their titles and
rights, such as deeds bills of sale, bonds,
promisory notes and the like; and the
certificate Of registration and right to
vote may be properly included in the
category"
Cali this is declared and ordered by
the organic law of the land. The eighth
section the Bill of Rights declares that
no freeman shall be taken or imprisoned
or disseized of his freehold. liberties and
privileges, or outlawe1 or exiled, or in
any manner destroyed or deprived of his
life, liberty, or property, but by the
judgment of his peers, or the law of the
land" The phrase, "the law Of the
land" is another expression for the "due
process Of law and is of equivalent i'm,
port in respect to the question involved
in the present litigation. .....
"The due process of the law" or the
claw Of the land' by which a person may
be deprived or Invested of his properties,
rights, privileges, or franchises, or Of his
muniments or evidences of properties and
rights, or by which such muniments or
evidences may be annulled or cancelled
is not an act Of the Legislature, or any
act Of executor power, or proceeding in
court, or other than a proceeding
wherein the party whose right is involv-
ed, can have, or is authorized to have a
hearing and TO make defense"
1t will not be contended that those
who were deprived of the right to
vote which they had acquired and
exercised under the registration by
county court clerks, were so de-
prived by a tribunal " wherein the
party whose right is involved can
have, or is authorised to have a
hearing and to make defense" The
clerks of the county courts were
clothed with the same powers that
registrars subsequently were, and
when they issued a certificate to
citizen anthorising him to vote in
elections held under the laws of this
State, that citizen acquired a vested
right of which he could not be dis
seized "but by the judgment of
his peers, or the law of the land"
That is by jury Of twelve men,
upon an indictment and regular
trial. The court recognises the
paramount authority of the section
of the Bill Of Rrights quoted, ;,..be
cause the constitution expressly de
clares (section - of article ~ that
everything in the Bill of Rights
contained, is excepted out of the
general powers of government, and
shall forever remain inviolate."
That is to say, that no future con-
vention shall altar or change that
automatic decree of sovereignty,
chat no freeman shall be taken or
imprisoned, or disseized of his free
hold, liberties and privileges, or
outlawed or exiled, or in any man
ner destroyed or deprived of his
life, liberty, or property, but by the
judgment Of his peers, or the law of
the land" This ''is excepted out
of the general powers of govern
ment, and shall forever remain in
violate" Under the Bill of
Rights, the man who acquired
the right to vote by the decision and
certificate of a county court clerk,
could not be disseized of that right
or privilege or deprived of that
property, (for such the Supreme
Court recognises it, "but by the
Judgment Of his peers" that is the