The Athens post. [volume] (Athens, Tenn.) 1848-1917, 1869-03-19
THE FRANCHISE LAW.

The following rcsun kOf the Tennes-
see Franchise Law case, now before
the Supreme Court of the United States,
will be found interesting. We find it
embodied in Tennessee letter to a
Cincinnati paper:
The case of Broomfcld u. Ridley VS..
Freeman Sherbrook, now in the SUI
preme Court of the United States, is the
most important cause that ever went up
from Tennessee, or, perhaps, from any
other State. 1t involves the constitu-
tionality of the Franchise Law, land up
on its decision rests the fate of a hum
dred thousand DISTINGUISHED white men.
The case is from Rutherford County,
where, at the November term, 1866, the
plaintiff Ridley, applied for manda-
mus to compel Shcrbrook, the Commits
sioner Of Registration, to issue him q
certificate to vote. N'.
The petitioner averred in his petition
for mandamus that he was fifty years
of age, that he had been resident of
that county for more than twenty years,
and that he was a free white man; that
he had been pardoned by the President
Of the United States for all offenses
committed against the General Govern
ment and State of Tennessee, and had
committed no offcnse against either
since his pardon, and had in all respects
conducted himself as loyal citizen |;
that he had been accustomed to exercise
the privilege of voting at all elections
in his county, as guaranteed to him un-
1ap hn nf nf
Tennessee and, on the first day of Au-
gust, 1866, he applied to defendant Sher-
brook, at his Office in the town Of Muir
freesboro', to register his vote, and give
him certificate as a qualified voter of
the county. He offered to produce his
pardon, but was told that he could not
register unless he brought himself with
in the provisions of the act Of May 3,
1866. He then prayed that mandamus
nisi issue against Sherbrook. and that
he show cause why peremptory man
damus should not issue to compel him
to register petitioner as o qualified vo-
ter. 'l.v..''.
The cause came on to be heard before
Judge Henry Cooper, who decided that
the Franchise Law was unconstitution-
al from which decision Sherbrook ap-
pealed to the Supreme Court.
Judge Cooper's decision caused great
excitement throughout the State, and
the general opinion was that the Su-
preme Court would affirm it. Both
sides prepared for the fight with COM
mendable energy the ablest disfranchis-
ed lawyers were employed in behalf of
Ridley, while the best legal talent the
ID L., " i ,ton III -,
favor of Sherbrook. The cause was
heard in the Supreme Court at Nash
vile, the following December term, and
the decision of the Judges awaited with
the most breathless anxiety. The out
side pressure brought to bear upon them
was tremendous, especially from the
Radicals, who knew that if the decision
was against them, not one would be
saved from the wreck, so far as offices
were concerned. All the Office holders
who had money enough, came to Nash
Vile to throw weight into the scales
and create pressure in favor of q de-
cision affirming the validity of the law.
After days and weeks of exhaustive
argument the decision came, and the
Franchise Law was declared to be con-
stitutional and valid. But notwithstand-
ing the importance Of the cause and the
great length of the argument, the deci-
sion, as reported in Third Coldwell, on
ly occupies eight pages of loaded long
primer, or only enough to make about
one column in the Commercials ordi-
nary type. The decision was one of
the weakest ever reported in this or
any other State, and if tiie Supreme
Court of the United States Ito which
tribunal the case was taken by appeal, }
atfirms the Judgment, it is to be hoped
they will give their reasons for so do
ing which the Court from which it was
taken failed to do. '..H 20 '".'. ~
The last argument in the Tennessee
Fro nhise case. of Ridley rs SHEER.