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TENNESSEE. 



risers the Cabinet of the late President, Abraham 

 Lincoln, we have the pledge and security that the 

 policy that guided the administration of the exalted 

 patriot amid the storms of war will be pursued now 

 that peace and prosperity smile upon our beloved 

 country. 



The following law was passed, for the benefit 

 of persons of African and Indian descent : 



He it enacted by the General Assembly of the State of 

 Tennessee, That persons of African and Indian de- 

 scent are hereby declared to be competent witnesses 

 in all the courts of this State, in as full a manner as 

 such persons are by an act of Congress competent 

 witnesses in all the courts of the United States, and 

 all laws and parts of laws of the State excluding 

 such persons from competency are hereby repealed. 



Provided, however, That this act shall not be so 

 construed as to give colored persons the right to 

 vote, hold office, or sit on juries in this State; and 

 that this provision is inserted by virtue of the pro- 

 vision of the ninth section of the amended constitu- 

 tion, ratified February 22, 1865. 



The most exciting subject before the Legisla- 

 ture was the proposed disfranchiscment of every 

 person in Tennessee who gave aid or comfort to 

 the enemy in the late war. A number of mem- 

 bers of the lower House, in order to prevent the 

 passage of such a measure, withdrew from that 

 body, and laid the reasons for their action be- 

 fore their constituents and the people of the 

 State. They charged that the bill violated the 

 State constitution ; that it lodged the control 

 of the ballot-box in the hands of the Governor, 

 giving to him the appointment and direction of 

 over eighty commissioners, and denying to' th<^ 

 loyal citizen the right of appeal from the de- 

 cision of those officers, who would be subjected 

 to no penalty for violations of the law. The 

 retiring members remained at the capitol, 

 watching their opportunity to make their op- 

 position to the bill still more effectual. In the 

 mean time the friends of the franchise bill had 

 succeeded in gaining a quorum by admitting 

 several members elect whose credentials had 

 been a subject of dispute ; whereupon the re- 

 tiring members presented a petition for admis- 

 sion to their seats in the House. This was 

 referred to the committee on elections, which 

 was equivalent to keeping them out. The bill 

 was then produced, and was passed by a vote 

 of 41 to 15. The full strength of the affirma- 

 tive vote, if all who favored the measure had 

 been present, would have been 49 ; while the 

 vote of the bolting representatives, if admitted, 

 would have made no change in the result. 

 The bill readily passed the Senate, and was 

 signed by the Governor. Its main provisions 

 are as follows : The first section provides for 

 the disfranchisement of all citizens, otherwise 

 qualified, who have voluntarily borne arms for, 

 or given other assistance to, sought, accepted, 

 or exercised the functions of office under, or 

 yielded a voluntary support to the " so-called 

 Confederate States of America, or any State 

 whatever, h&atile or opposed to the authority 

 of the United States Government." The second 

 section provides for the appointment by the 

 Governor of a commissioner in every county 

 in the State, whose duty it is to enforce this 



act, to determine who are entitled to vote, and 

 to issue certificates of qualification, and fixes the 

 compensation of said commissioner at from two 

 to five hundred dollars. The third section re- 

 quires all persons claiming the right to exercise 

 the elective franchise to prove by two witnesses, 

 who must themselves be entitled to vote under 

 this law, that they have been guilty of none of 

 the disqualifying acts before they shall receive 

 the certificate of the commissioner (an appointee 

 of the Governor), without which they cannot 

 vote. The fourth section requires, in addition to 

 the evidence of the two competent witnesses, an 

 oath as follows, to be taken by the person 

 claiming the privilege of the elective franchise, 

 before being permitted to exercise the right 

 claimed : 



I solemnly swear (or affirm), that I have never 

 voluntarily borne arms against the United States 

 Government, with an intent to aid and forward the 

 late rebellion ; that I have never voluntarily given 

 aid, comfort, countenance, or encouragement to any 

 rebellion against the authority thereof, or aided, 

 countenanced, or encouraged acts of hostility there- 

 to ; that I have never sought or accepted any office, 

 civil or military, or attempted to exercise the func- 

 tions of any office whatever, under the authority, or 

 pretended authority, of the so-called Confederate 

 States of America, or of any insurrectionary State 

 hostile or opposed to the authority of the United 

 States Government, with intent and desire to aid and 

 forward the late rebellion ; that I have never yielded 

 a voluntary support to any pretended government, 

 power, or authority, hostile or inimical to the author- 

 ity of the United States Government; that I will sup- 

 port the Constitution of the United States, and de- 

 fend it against the assaults of all its enemies ; that I 

 am an active friend of the Government of the United 

 States, and that I will heartily aid and assist the 

 loyal people in whatever measures may be adopted 

 under the Constitution of the United States, and 

 under the laws and proclamations made in pursuance 

 thereof, to establish and maintain the national au- 

 thority over all the people of every State and Ter- 

 ritory embraced in the National Union; that I have 

 never desired at heart the success of the so-called 

 Confederacy, but have at all times rejoiced at its .de- 

 feat, and the success of the armies of the United 

 States ; that I will at all times render paramount alle- 

 giance to the Government of the United States, in 

 preference to any State of the Federal Union, and 

 will support and defend the National Government 

 against the encroachments and attacks of all foreign 

 powers; that I will faithfully and heartily support 

 and defend the Constitution of the State of Tennessee, 

 and the schedule and amendments thereunto ap- 

 pended and adopted by the people on the 22d of Feb- 

 ruary, 1865, and all acts of the General Assembly in 

 accordance therewith ; that 1 take this freely and 

 voluntarily, without equivocation or mental reserva- 

 tion so help me God. 



In the fifth section, the bill declares that, 

 upon the evidence heretofore named as ab- 

 solutely necessary, the commissioner may issue 

 the certificate of qualification, provided that 

 " nothing herein contained shall prevent the 

 said commissioner from receiving equally com- 

 petent testimony contrary to and contravening 

 the proof offered and taken in behalf of said 

 applicant; and the commissioner shall be the 

 judge of the effect of the conflicting testimony." 



Governor Brownlow called a special session 

 of the Legislature, to convene July 4th, for tba 



