Fayetteville observer. [volume] (Fayetteville, Tenn.) 1850-1966, 1869-07-01
FAYETTEVILLE, TENN:
Thursday Morning, July l, 1869.
County Court Clerks Reg
istration and Certificates.

N~'AAS Va VIZ ASO-NANSA P"PNAS "AS
attempting to deny that the decis-
ion of the Supreme Court, lately
rendered at Brownsville on the
franchise question, included the
rights of holders of certificates is.
sued by Clerks of the County
Court under the act of 1866, to
vote. 1t is true, that the specific
question Of the validity of these
certificates was not before the
Court in the case decided; but,
the decision covers and embraces
all registrations under the fran.
chise acts passed by the Legisla-
ture since the adoption of the
amendment to the constitution
and the schedule thereto appended,
in February, 1865. Here is what
the Court said in that decision,
to-wit:
"The elective franchise is a
right which the law protects and
enforces as jealously as it does
property in chattels or lands. 1t
matters not by what name it is
designated, the right to vote, the
elective franchise, or the privilege
of the elective franchise. The
person who, under the constitu-
ton and laws of the State, is en-
titled to it, has a property in it,
which the laws maintain and vim
dicate as vigorously as it does any
right Of any kind which men may
have and enjoy.
"The rules of law which guard
against deprivation or injury, the
rights of persons in corporal prop
critics, are alike and equally appli-
cable to the elective franchise,
and alike equally guard persons
invested with it against depriva-
ton of or injury to it. Persons
invested with it cannot be de-
prived of it otherwise than by 'due
process of lGao.'
"To the same extent that per-
sons cannot be deprived of their
lands and chattels, or rights and
franchises of any kind. otherwise
than by due process of law is it
also true, that without due pro-
cess of law they cannot be de-
prived or Invested of the munimsnts
which evidence and establish their
titles and rights, such as deeds,
bills of sale, bonds, promissory notes
and the like; and the certificate
of registration and right to vote
may be properly included in the
category.
Gall this is declared and ordered
by the organic laws of the land.
The seventh section of the Bill
of Rights declares that no freeman
shall be taken or imprisoned, or
dissiezed of his freehold, liberties
or privileges or outlawed or eX-
lied or in manner destroyed or
deprived of his life, liberty or prop
erty, but by the judgment of his
peers, or the law of the land.'-
The phrase, the law of the land,'
is another expression of the due
process of law, and is Of equivalent
import in respect to the question
involved in the present litigation.
"The due process of law or the
'law of the land, by which q per-
son may be deprived or Invested
of his properties, rights, privileges
or franchises, or of his muniments
or evidences of properties and
rights, or. by which such NUM-
ments or evidences may be an
nulled or Cancelled, Is NOT AN ACT
OF THE LEGISLATURE, or any
act of the executive power, or a
proceeding in q court, or other
than proceeding wherein the par
ty whose right is involved, can
have, or is authorized to have, a
hearing and to make defence"
BY the franchise act of June 5,
1866, the Clerks of the several
County Courts Of the State were
authorized and directed to register
and to give to each person quail
fed to vote under the provisions
of that act, a certificate authorizing
him to exercise the privilege of
the elective franchise. John T.
Gordon, at that time Clerk Of the