Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1871-02-14

UCiD vi SOuSiCoos ACOilOh O1 VI coiN
act provides ''th4t all laws in conflict
with this act are hereby repealed" Said
act took effect from and after lis passage.
Act approved June II, 1870, provides
for the election of Governor and mem
bers of the General Assembly on the &C.
cond Tuesday in November 1870, but
contains no reference to the elections of
members of Congress. Neither the old
nor the new Constitution prescribes the
time for holding elections for members of
Congress but imposes upon the Legisla-
ture the duty of providing for all cleo
tons not otherwise provided for in said
Constitution.
'1n view of the state of the law as
above shown it is insisted that the cleo
lions for members of Congress in this
State on the Sth dsy of November 1870,
were held without the authority of law
and were therefore null and void"
Let US see how this is. The Constitu-
ton of the State (article 2, section II, }
provides as follows: 'cNo bill shall be-
come a law, which embraces more than
one subject; that subject to be ex-
pressed in the title. All acts which re-
peal, revive or amend former laws, shall
recite in their caption or otherwise, the
title or substance of the law repealed, re-
vived or amended" Now let us see
what the Legislature has done in the light
of this requirement of the Constitution.
The act approved June l6, 1870 (Acts
of 1870, chapter 10Y, is as follows:
An act to regulate the Elective Franchise in
accordance with Article ", Section !, of the
Constitution of the State.
SECTION l. Be it enacted by the Gene
raj Assembly of the State of Tennessee.
That every male person of the age of
twenty one years, being a citizen of the
| United States and a resident of the State
| for twelve months, and of the county
wherein he may offer his vote six months
next preceding the day of election, shall
be entitled to vote for member of the
General Assembly and other civll =, Ulcers
for the county or district in which he may
| reside: Provided, that each voter shall
| give the Judges of election, when and
where he offers his vote, satisfactory evil
dence that he has paid the poll taxes as
sessed against him for the year preceding
the election. And provided further, that
the foregoing provisions in regard TO the
prepayment OF all poll taxes shall not ap-
ply 10 minors arriving at the age of twen-
,y-one years during the year preceding
the date of the election; nor to male citi-
zeDs who have passed the age of fifty years
preceding the date of such election; nor
TO other persons exempt by law from pay
ing poll taxes, and no prepayment of poll
taxes shall be required of any voter in
any election during the year 1871, who is
exempt by law from the payment of poll
taxes for the year 1870.
Sec. 3. Be it enacted, That can act te
limit the Elective Franchise, " Chapter
XVI, passed June 5, 1865; also can act
To alter and amend 'An act to limit the
Ee, i've Franchise" passed June 5,
1860, Chapter XXXVI., passed May, 8,
1866; and also "An act TO alter and
amend an act, PASSED May 8, 1865, :"
Chapter XXVI, passed Feb. %, 1867;
all of which acts relste to the Eiec ice
T anchise, he and the same are hereby
pealed.
Sec. 2. Be it enacted, That Title 6,
Chapter IL, Articles 3, 4, 3, 6, z and s.
of the Code of Tennessee, relating to
elections by the people, be and the same
are hereby re-enacted and revived, ex
cept as altered or repealed by this act.
Sec. 4. Be it enacted, That all voters
in this State shall be required to vote il
the civil district or ward in which they
reside: Provided, That sheriffs or othel
officers holding elections shall be permit
ted to vote in any ward or district il
which they may hold an election; judges
Jurors, litigants and witnesses attending
court, may vote in any ward or district
in which the court is held. And provided
further, That if, from any cause, there
should he failure to hold al election in
any civil district or ward, then nothing
in this act shall be so construed as to pre-
vent any voter from voting in any other
civil district or ward in his county OIL
town, in any election, and at the time anC
place prescribed by law. And that any
person violating the provisions of this act
shall be guilty of q misdemeanOr, and up
on conviction thereof shall be fined moi
less than ten nor more than twenty Five
dollars.
Sec. 3. Be it enacted, That all law
in conflict with this act are hereby re
pealed.
Sec. 6. Be it enacted, That the public
| welfare requires that this act shall take
E effect from and after its passage; excep
the two prOvisos, contained in the frs
section of this act, which shall not hsv
l and take effect until from and after th
/ first day of January, eighteen hundre
and seventy-two.
Article I, section |, of the Constitution
, is as follows:
3 Section /. Every male person of th
D age Of twenty -One years, being citize
f of the United States, and resident o
this State for twelve months, and of tn
county wherein he may offer his vote 70
: six months next preceding the day o
: election, shall be entitled to vote 70
p members of the General Assembly, an
q other civil officers for the county or dis
trict in which he resides; and there sha
be no qualification attached to the RICH
of suffrage, except that each voter sha
. give to the judge of election, where h
\ offers TO vote, satisfactory evidence tha
lehas paid his poll taxes assessed agains
n for such preceding period as tn
Il gislature shall prescribe, and at sue
r ,me as may be prescribed by law; with
" out which his vote cannot be received
And all male citizens of the State shsll b
subject to the payment of poll taxes an
e the performance of military duty with
is such ages as may be prescribed by law
7 The General Assembly shall have powt
= to enact laws requiring voters to vote i
u the election precinct in which they ma
;. reside, and laws to secure the freedom @
k elections and the purity of the ballot-bo3
a 1t will he seen that that the ''act al
o proved June 10, $780, which we hay
it given in full, is intended to regulate Il
= elective franchise, and this object is S
:. expressed in the title, as required by Ii