Year: 1868

when within the scope OF these constltu-


tional limits. All outside or beyond that


is void and imposes no duty upon any


one. A law was passed by the Rump


requiring certain qualifications of voters


in the State. A tribunal was appointed


to adjudicate each case and give GER
tifcate Of his judgment. This was
judicial act, and the certificate of the
Judge or Register was the record of his
judgment in the case of the holder of the
certificate, and entitled him to the right


Of voting. This was done, and large


number of citizens passed the required


ordeal and had the judgment of the Reg


lister Court in their favor, and thereby


became, in accordance with the law-of


the case, invested with the rights of
voters; as much so as Titus is to his


lands or goods when adjudged his by the
Judgment or decree of the Chancery or


Circuit Courts. Now Gov. Brownlow


issues his proclamation, declaring all
these judgments of the Court Of Regis
tration void, and assumes to deprive each


man Of the rights which he had acquired.
If Brog had no such power his


proclamation is nullity and the rights
of the voters remain intact. And the
question is, had he that power ?
The second article of the Constitution


of <he State says:


SECTION l. The powers of the Govern
! ment shall be divided into three distinct
departments-the Legislative, Executive
and Judicial.


SEC. 2. No person or persons belong
ing to one of these departments shall
exercise any of the powers properly
belonging to either Of the others, except
| in the cases hereinafter directed or per-


mitted.


SEC. 8. The Legislative power of the
State, shall be vested in General AS


sembly.


4,u ARTICLE III.


SECTION l. The supreme Executive


power of the State shall be vested in


Governor.


ARTICLE vi.


SECTION l.. The Judicial power Of the
State shall be vested in one Supreme
Court, and in such Superior Courts as


the Legislature shall from time to time


ordain and establish, and in the Judges
| thereof.


One judicial tribunal or superior court
established by Brownlew's Rump, has


passed judgment upon large number


of the citizens of this country, and ad-


judged them to be qualified voters, ac-
cording to law. If this is a wrong judg-
ment then it becomes the duty of the
superior courts in some form of proceed
ing to ascertain, and so adjudge, for it
is a judicial act, and according to the
first section of the third article of the
Constitution, it comes within the
scope of their authority only and by
the second section of the second article
could not be exercised by any person or
persons belonging to another department
of the government The plea that the
act Of the Rump, which created the tri-


bunal of registration, authorized the Ex-
ecutive to reverse its acts, reminds
one of the game of the puppy running
around after his own tail. he is only
travelling in a circle and makes no pro-
gress. Could the Legislature have per-


formed this judicial act, certainly not
for the reason that the power to do'so
belonged to another and distinct de-
partment of the Government and for the
same reason could not confer upon
another a power which they did not
possess. The attempt of the Legislature
to confer the authority, as well as the at
tempt of the Executive to exercise it, is
simply nullity and void. 1t deprives
no one of the right to vote and protects
no one in denying to the citizen that
right. Ministerial officers are protected
when they act within the orders ofa court
having jurisdiction of the subject patter
Of the order, although the judgment OF
the court may be wrong. But If
the court had no jurisdiction of the sub
ject matter, lis orders are no protection
to the officer who, in attempting to
execute them, trespasses upon the rights
Of others. To set aside the judgments
of the Register is a judicial act, and
neither the Legislative or Executive
officers of the Government have any ju-
risdiction of the subject matter. He,
therefore, who stands between the regis
tered voter Of the county and the ballot
box does so at his peril. He is not only
liable to the party obstructed in an action
for damages, but, by the 4906th section
of the Code, is guilty of misdemeanor,
and subject, upon conviction, to fine or
imprisonment, or both. If any one
thinks that Browniow's illumination
stands between him and the Jail for
refusing to let the voters of the
county exercise their rights, let him
try it. advise every man who holds q
certificate Of registration, either from
Mr.. Da7is or his successor, to offer his
vote, and If refused bring his action. !
say furthermore, that even If the re-
jecied voters should not seek to vindicate
their rights through the aeiicn Of the
ccets in private suits, there are plenty |
Of men in this city and county who viii |
see TO It that the grand jury ofthe Circuit |