Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1869-06-16
THE FRANCHISE.
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Text OF Judge Smiths Recent
Decision ON the Franchise.
.GA M EfsTa b ekRgsb2
once a Voter, Always a Voter
Governor Stripped OF
Arbitrary Power.
IN THE SUPREME COURT OF TENNESSEE,
AT BROWNSVILLE, APRIL TERM, 1869.

II
1867, the Commissioner Of Registratio
of Gibson county, registered the name I,
| William Staten as qualified voter, an
issued to him certificate that he was Ell
titled to the privilege OF the electiv
franchise, and authorized TO exercise th
same. On the 25th day of February, 1861
the Governor OF the State issued his pro
clamstion, recili6g that "frauds and il
regulsrities had interviewed in the regis
tratian of voters in said county," and de
cIaring the registration of that count,
| void, aud setting it aside. On the I'll
| day OF March, 1868, an election was helC
in said county for Sheriff of the comfy
and the said Staten, under color Of tht
| certificate issued TO him as Aforesaid, ane
without any other certificate of registra
tion or authority, cast his vote for Sheriff
at said election.
On the 26th day Of March, 1868, Tho
grand jurors of the county found bill o.
indictment against said Staten for illegal
voting, which bill set forth the facts above
recited.
To the indictment the defendant put in
demurrer, assigning for cause of denur.
rer that the facts set forth in the indict-.
ment do not constitute an indictsble of
Tense. --.f. as.. "a $3.50
Upon the state of the pleadings, and
upon the facts set forth, the question is:
Whether the Governor possessed the
power to set aside and annul the registra-
ton, and thereby deprive the defendant
Of the elective franchise and the right TO
vote, in governmental elections, by vir-
tue of his registration and certificate OF
registration. .a-
The positions and argument assumed
and urged for the defendant, are: First,
That the acts of the General Assembly,
which bestow upon the Governor the
power to Sc: aside and annul the Tegistrs-
ton Of voters, are Tepugnant to the Con-
slitulion of the State, and therefore void;
and, second, that the General Franchise
Act of February 18th, 1867, chapter 20, is
likewise repugnsnt to the constitution, and
therefore void.
IL is proper to state with some detail
the article Of the constitution, and the
several acts of the General Assembly,
which are concerned in the question in
Issue. ----- .--H
For the purpose of organizing anew the
government of the State, which had been
destroyed by the rebellion, the people of
the State, on the 22d day of February,
A. ID. 1856, ordained and established divers
amendments Of the constitution of the
State. The ninth section of the amend
ments is as follows THE qualifications
Of voters, and the limitation of the cleo.
tive franchise, may be determined by the
General Assembly, which shall first as
semble under the amended constitution"
The General Assembly which first az
sembled under the amended constitution,
proceeded TO enact and did enact, on the
5th day Of June, 1865, the act chapter Is,
entitled, AN act to limit the elective
franchise Ii is not material to the de-
cision Of the cause nov under considers-
ton, to state the provisions of this act
with particularly of detail. II is enough
TO state that the first section of the act de-
clares that that the persons who shall be
entitled to the privileges of the elective
franchise" are white citizens of tWenty-one
years of age and upward, who ''enter-
tanned unconditional Union sentiments
from the outbreak of the rebellion to the
time of the passage. of the sct;;'" and also,
white male citizens who arrived to the age
of twenty-one years after March 4, 1866,
and never engaged in armed rebellion
agaiBst the United Slates; and also, loyal
white citizens of the United States, and Of
the county wherein they offer TO vote, and
who come from another State; and also,
white citizens who served in the URited
States armies aud we're honorably dis
charged; and also, white citizens who
we're conscripted by force into the Confed-
crate army, and were Union men and 10y
al to the United Slater; and also, white
men who voted in this State at the Presi-
Dental election of November, 1864, or who
voted at the State election on the 22d of
February, 1865, or at the election on the
4lh of March, 1865, or who have taken
the oath Of allegiance to the United States,
and are known 10 the judges of the cleo.
ton to have been true friends 10 the United
States, and would have voted at those
elections had they been holden within
their reach.
The second section Of the act denied the
| privilege Of the elective franchise, fol-
| fifteen years, to divers classes Of persons
| who had committed offensive acts Of kinds
| designated, 10 aid OF countenance of The
| rebellion; and denied the exercise of tht
| elective franchise, for five years, TO diver
| other classes of persons implicated il
| divers designated ways in the rebellion
| Ii is unnecessary to describe these classe
| of disqualified persons with further par
| ticulaTity.
The sixth section of the act, enact
"that the Clerk OF the County Court o
each county shall open and keep regis
tration of voters" and ascertain by proof
under oath, the persons entitled to vot
under the provisions of the act, and shall
| issue to such persons certificates Of regis
tration; and that no person shall be per-
l.mitted to vote unless so registered.
The ninth section of the act declare
that the pawer is reserved to alter, ament
or change the provisions of the act, at an,
time when the General Assembly, whicl
enacted il, may be Of opinion il is RICH
and proper to do 80.
| Afterwards, at a subsequent session c
the same General Assembly, and on th
Sd day of May, 1856, an act was enacted t
alter and amend the act of which the sub
stance is above recited. This amendator
act is chapter thirty three of the session
and is entitled "An act TO altar and amen
an act entitled IAN act TO limit the electiv
franchise passed June 9Th, 1855" Thi
new act euacts that every white male in
habitsnt OF the State, of the age of twenty
| one wears, a citizen Of the United State
and resident of the county wherein he ma
| offer his vote, shall be entitled TO thi
privilege of the elective franchise, subjeC
to the following exceptions and disqualif
| cations." The exceptions aud disqualif
cations are, briefly stated, persons wh
have borne arms against the United State
for the purpose of aiding the rebellion; c
have voluntarily given aid, comfor
countenance, counsel or encouragement
any rebellion; or have aided, countensnCs
or encouraged acts Of hostility TO th
United States, and persons who have songl
or voluntarily accepted any Office, civil {
military, or have attempted 10 exercise III
functions of any office, civil or milit;
~, under the Confederate States, or
any insurrectionsry State, hostile to u
United States, with intent or desire to al
said rebellion or insurrectionary authorit
and persons who Voluntarily supporte
any pretended government or authOrit
hostile 10 the United States, by coDtribu
I tions in money or property, by persuatiC
or influence, or 10 any other way ghate'
! | er." Some exceptions are made out
these several classes of disqualified pc
. sons Ii is not necessary TO designa
a them with further detail. .-.sr
Other sections of the act provided, th
, the Governor shall appoint Commission
Of Registration for each and every coun
in the State, whose duty shall be TO asce
tain by proof, aud register the name
: each and every qualified voter, and ia
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