Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1869-06-22
THE AUrHORTrY RY WHICH
NEnRnRR VAEE

race of people. Besides, the language
Of the text docs not suggest the idea, that
any particular class were to be excluded
from participating in Its benefits. The
Patriot man entirely miscOnceives the
the true scope and meaning Of the ex-
preston, the qualification of voters and
and the limitation Of the elective franchise
may be determined, ETC. Those who are 10
determine the limitation of anything,
may enlarge or contract its limits at
pleasure. Equal power is delegated TO
increase or decrease the number Of
voters. Limitation in this instance, does
not, as the Patriot seems to think, inns
ply reduction in the number Of voters.
1t seems to us that almost unlimited
power was conferred upon the Lsgisla-
ture by these few words. Power to
disiranohise every one OF allow every one
IN the State to vote. .a4
In the discussion of this question
the Republican ignores a very i'm
portant fact, upon which it IS clear
the Patriot bases its argument
against the constitutional authority
of the negro to exercise the
right of voting. At the time
the convention Of January,
1865, proposed the amendments to
the constitution, which were rat-
fed by such of the people as voted
on the 22d of February, 1865, the
right of suffrage was strictly con
fined to ''free white men, of the age
of twenty-one years" and upwards,
and negroes were not then recog-
nized as citizens nor were, they
emancipated until the ratification
ofthe proposed amendment abolish
ing slavery. When the section of the
schedule, which it is claimed author
ised the Legislature to determine
"the qualification of voters and the
Limitation of the elective franchise,
was proposed, none but white men
were voters, and it is the testimony
of every man who took part in that
convention, so far as we have been
able to learn, that reference
was had only to white voters. And
this must have been the intention
of the convention, for 1T will be- re.
membered that it never was
claimed that the amendment 10 the
constitution abOlishing slavery con
ferred upon the negroes even civil
rights. SO Palpable was this the
case, that Gov. BrOwnlow in his
message of Oct. 3, 1865, to the lie G.
islature urged that body to place
the negro in a position to protect
himself. Here is his recommends
ton H..-
al recommend that you examine our
entire code, so far as it is shaped by the
institution of slavery, and adapt it to the
requirements of free State. call your
attention especially to the propriety and
necessity of comforting upon the freedman
the privilege of testifying in courts OF
Justice. His status and his relation &c
the white race are entirely changed he
was property; he is now person. Fol
the first time he has right TO enter int
contracts, and to enforce them in The
courts; to cue and be sued, and to pro-
secute those who may inJure him IL
person or property. These rights vii
avail him but little if any evil-dispOsed
white person may deprive him of then
with impunity. AS our law now stands
a freedman may be deprived of his life IL
the presence of hundred cOlOred wit.
nesses, whose lips are sealed in the
courts. This state Of our law has brought
among US the Freedman's Bureau q
tribunal established by the Federal gov.
ernment from necessity, but foreign to
our constitution and domestic laws
necessarily arbitrary, and which must be
presided over by military men with
out judicial experience, without juries.
1t will be remembered it was
with difficulty the Legislature, es-
pecialIy the members from East
Tennessee, were brought up to
passing an act establishing a legal
statues for the negroes. But it was
finally done. The act Of May 2G,
1866, (fifteen months after the rati-
fication of the amendment TO the
constitution decreeing their FREQ.
DOM, ordained chat persons OF
color have the right TO make and
enforce contracts, to sue and be
sued, TO be parties and give eVi
dence, To inherit, and to have ful
aud equal benefits of all laws and
proceedings for the security of per
sou and estate, and shall not be
subject to any other or different
punishment, pains or penalty, for
the commission of any act or oflense
than such AS are prescribed tOI
white persons committing like acts
or offenses." 1t was clearly the in
tention Of those who framed the
amendment to the constitution tC
simply free the negroes and
leave them in the condition that fire,
negroes had been before the war
and they certainly were left in thai
condition until May 2G, 1866. /
could hardly have been the con
temptation of the convention TO del
egate TO the Legislature authority
to extend TO parties who were moi
then citizens Of the State IN lega
contemplation the right to exercise
81 I,,., gr,r,h;un fHba {p,i,