Public ledger. [volume] (Memphis, Tenn.) 1865-1893, 1869-06-01
PUBLIC LEDGER.
THE SUPREME COURT DECISION
--1lsl ON THE FRANCHISE. M


The Supreme Court on the 18th oil last
month delivered an opinion in the case
of the State VS.. Station, involving the va
lidity of the franchise acts in this State
We have as yet been unablete publish TINS
opipiou at length that our readers may
examine themselves how far the Court
has gone toward relieving us OF the DIS
onalifying laws. But one OF the main
noints has been decided which shonld
result in freeing us entirely from Inc
BrownIow despolism.
The question before the Supreme Court
came mn on demurrer from the Circuit
Court Of Gibson county, wherein station
had been indicted for fraudulent voting,
coatrary to the proclamation OF Brown
low setting aside the registration OF thai
county. The facts were about these;
Station had obtained from Bogu, Regis
trar of Gibson county, on the ION oil
December, 1867, a certificate to vote;
grovplow. on the 25th of February, 1868,
set aside this same registration and d.
rec,ed a new one, under an officer then
appointed by him. Station, not choosing
20 recognize the right Of the Gov
ernor to deprive him Of has
certificate, presented himself at the
nolls in March following, and voted for
Sheriff, then to be elected for the county,
on the old certificate Of December. For
this act he was presented by the grand
iury of his county, and on the indict-
ment Station demurred. and, setting out
the causes of demurrer, alleged;
|. Presentment showed he was legal
and onalified voter--under his certificate
of December 10, 1867. 9 $3.50
2. The Governor had no power to set
aside and annul the act OF the former
Registrar. f
3. That the act Of the Governor in set
ting aside the registration of voters, BY
Boyle, the former Registrar, was uncon-
stitutional and unauthorized. The Cir
cult Court, Judge Rodgers presiding,
sustained the demurrer and dismissed
the presentment, from which Judgment
the State appealed to the Supreme Court
Ia very elaborate opinion the Court
affirmed the judgment of the Circuit
Court, and held, Atf
i. That the right of suffrage was g
property right Of the highest value, OF
which the party could not be Invested ex'
cept by due process of law, which means
a regular proceeding in Court of cempe-
tent jurisdiction where he could ma Ike
defense and contest the charge against
him.
2. That the Registrars we're, under the
franchise act, Judicial officers, whose
province il was to determine the right OF
the citizen to exercise the elective fran
chise, and their certificate was an adjudi-
cation of the parties right to the fran
chise, aad the power could not be con-
ferred by the Legislature, or the Gov
ernor to annul or set aside such adjudi-
cation; that the laws attempting to con-
fer upon him such power we're unconsti-
tutional and void, and his action there
under was without authority or sanction
OF law.
This is quite refreshing TO the people OF
this State, to know that at last the Su-
prems Court has spoken out on the
question which affects all our interest.
As to what respect the Governor Of
Tennessee will pay to the opinions Of the
Judiciary is another thing entirely. he
has heretofore exercised the right to
overhaul the poll-books after elections, and
to throw out any voting precincts that he
might choose and prompted by Radical
interest Ii is true he cannot now set
aside registration in the counties, but he
may, in accordance with former practice
declare the vote to be thus and so, and
this and that Radical elected, although
such an one should not receive
q minority Of the ballots cast. How
shall we enforce the decision of the Cour
unless the Radical party is willing
They have the militia of the State at thu
beck and call of the Executive, who is
corrupt and unfeeling Radical. Then
the entire Government is in sympatb
with the present State authorities, an
unless they are willing il would matte
little what the decisions Of all the court
in christendom would be, the rebels c
Tennessee could not be admitted TO tn
~ballot-box. II is the settled policy G
the csrpet-bsg authorities Of ih
South to control as long as possible
and no appeal to the Constitution or tn
settled laws Of the land csa move then
from their diabOliesl purpose. To EN-
power the white men Of this State wit
the ballot would at once be siga 70
Radicals to assume their correct as
proper position in society. That vOul'