Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1869-04-07
THE SUPREME COURT AND THE
FRANCHISE ACTS.

10 the TACT that there were certain
cases pending in the Supreme Court
at that place at the last term of the
court which involved the validity
of the second and third franchise
laws, if not the power of the Legis-
ture to pass such a law. An effort
was made by almost the entire bar
practicing in that court, to have the
cases adjudicated. The case of Sta
ten VS. the State, tried before Judge
Rodgers, involved the question
whether the Governor of Tennes-
see has the power to set aside regis
trations duly made under the vari-
Gus registration acts, and whether
the Legislature had the power, un-
der the constitution, to confer such
authority upon the Governor which
is assumed to have been done by
act of February &c, 1868. His
Honor, the Circuit Judge, held that
said act was unconstitutional, and
proclamations setting aside regis
trations were void. In the case Of
Summers vs.. Crawford ct al, from
Weakly county, the plaintiff, Sum-
mers, had obtained a certificate of
qualification to vote under
the first franchise act Of June
5, 1865. At an election held
subsequent to the passage of
the second franchise act, he offered
to vote, producing his certificate of
registration, but was disallowed by
the judges, whereupon he instituted
suit against them for so ruling. He
proved that he had lived in the
county for twenty years, had never
been convicted of any crime or mis-
demeanOr, and had always been an
unconditional Union man. The
questions presented in this case
were, whether the first franchise act
did not become a part of the con-
stitution of the State when it was
promulgated and if so, whether the
Legislature could alter or amend the
constitution and whether it did not
become a law TO the Legislature,
and above their control as soon as
they had executed the trust deleg
ated to them by the convention, by
the PRONUNCIATION of the same, and
their immediate adjournment
There was also a case from Mem,
phis, involving similar questions
with additional ones, and to save
time and labor, it was agreed by
counsel, with the permission Of the
court, shat all Of them should be
consolidated and heard together
When first reached on the docket
they were continued at the instance
Of the court, because of the absence
Of Judge Harrison. The counsel
engaged entered no objection
Judge Harrison finally assumed his
seat on the bench. Counsel waited
patiently, but no intimation came
that the court were ready to take
up these cases, whereupon they in
quired of the court when it would
best suit their convenience to hear
these causes, and receiving no sat
isfactOry answer, began to suspec
that something was wrong, and
with due Difference, urged upon the
court that, owing to the magnitude
of the questions involved, and The
great interests of the people which
at this conjuncture, were at stake
that much depended upon actor
being had at this term of the cour
that these causes should, by al
means, be heard, and the vexeC
questions Of franchise and registra
ton be finally settled in the proper
and legitimate way. But the cour
persistently refused to take up the
cases and adjourned without am
action whatever. This was an ac
of fragrant outrage upon the right:
Of the people. Here were citizens
of the State who claimed the right
to vote, who had complied with The
requirements of the first fran
chise law and obtained {
certificate that they were en-
titled to vote, and they desired
to test the right Of the Governor
and the Legislature to deprive then
of this right. Their appeal to the
court, which should have afforded
them relief, or have declared the
action of the Governor aud the lie.
gislature in conformity with the
constitution and the law, fell
upon deaf ears, and they were
left in the condition of men
with no rights which the creatures
of the law are bound to respect. 1t
ought to be the duty if it is not
and it ought to be the ambition Of
the Judges Of the court Of last re
sort to hear cases appealed to them
where the validity Of law or the
acts Of an officer in executing that
law may be concerned, especially
when thousands Of the best citizens
of the State are injuriOusiy elected
by such law. There are too many
interests involved e such laws as
the franchise law to allow of the
delays which an unwilling court
| may invent The Bee states that