Public ledger. [volume] (Memphis, Tenn.) 1865-1893, 1869-06-23
PUBLIC LEDGER.
HAS THE NEGRO A RIGHT To
VOTE UNDER THE LAW.


the couclu sion will necessarily be reached
that according to the decision OF the
Radical Supreme Court in this State,
he has no authority under the law by
which he may exercise the right to vote.
The court has, in plain and emphatic
words. declared, in the case of the State
vs.. Staten, that the series Of acts passed
subsequent to the acts Of May, 1866, are
mere legislative dicium.
We would regard it, then, to be con-
trary 10 the powers delegated to the
General Assembly Of this State to at
,smn. tn constitute q class of men
ci,izans which were not recognized BY
the organic Law o. such. Would our
Radical opponents inform US where In
he Legislature has presumed 70 make
III. negro g qualified voter of this
S,sie7 And TO admit, for argument
sske. ths, the amendments to ths Con-
s,isution. As Supposed to have bsea
adopted ia 1856, are part oil our
orzauic Law, can it be shown from
that where the Legislature was empow'
cred to create q new class OF citizens
then unknown to the law of our common
xealth9 1t is true, in the schedule OF the
amended Constitution, the Legislature
that should first meet under that Consti'
s,itution was authorized to deter
mine the qualification Of voters, and
limit the elective franchise, but nothing
was said ss to empowering the negro
with the authority of an eleetor. And
we make bold to proclaim il that the Con-
vsntion which proposed these amend
ueuts did not contemplate that, after
their adoption by the people. the negro
would ever be admitted to the polls. it
was not meant by the trainers of the
present Constitution that the Legislature
should exercise such prerogatives; for at
that time the negro was regarded as chat
tel property, belonging to master, and it
was not known what his condition would
be 10 the future. Ii ii was the intention
of the Convention to have the negro Gre
ated qualified elector, why is it the
thing was not done, or the act not passed
making him such until February, 1867 7
The sessions of the Legislature of 1865
and 1866 had adjourned, and no law
passed by either Of these could be con-
strued into giving the negro the right to
vote. But on the contrary, the word
white +" was always to be found in the
law passed by these sessions of the Cen
eral Assembly whenever it was thought
necessary TO create enactments regulating
qualifications of voters in the State The
advocates Of the negro will hardly con.
tend that the members Of this so-called
Convention themselves looked forward
to such a state Of afflirs as now exist,
when an election is to be held by the
people. And the great and vital reason
that was given by those who passed the
enactment for leaving out the word
white" in February, 1867, was that I'M
less il was done the election OF the Re-
publican ticket could not be carried, and
that the State would necessarily pass into
the hands Of men heretofore hostile TO the
Union. II, then, the organic law, the
source Of all legislative authority, did
not authorize the enactment making the
negro a voter, then he is not, according
to law, and it viii be so held,
without doubt, whenever the question
shall come up to be tested before court
having competent Jurisdiction of the case.
Then, as to the Convention Of 1865, con-
stituting the General Assembly an agent
to act in making part of the Constitu-
ton, it is perfectly absurd, and none but
q revolutionizing, Radical party would
hold such a doctrine. The Convention
AN sgent-conld not confer upon any
other body the power intrusted to it BY
the people, who, we must say, had very
little to do with the matter, either for or
against it. If the negro and his friends,
the ofice-holders, should discover by the
decision Of court that he has no right to
vote in Tennessee, we would say not to
be surprised, for such is the law, and the
opportunity is only wanting to prove it so.