664 



TENNESSEE. 



neither by direct legislation, nor by conferring 

 power upon the Governor, could deprive a 

 citizen of his right to vote after the franchise 

 had once vested it in him. The indictment 

 having been quashed in the Circuit Court, the 

 question was taken to the Supreme Court, and 

 the action of the court below was sustained. 

 The Supreme Court held that the elective fran- 

 chise was a " right which the law protects and 

 enforces as jealously as it does property in 

 chattels or lands," and that "the rules of law 

 which guard against deprivation or injury the 

 rights of persons in corporeal property, are 

 alike and equally applicable to the elective 

 franchise, and alike and equally guard persons 

 invested with it against deprivation of, or 

 injury to, it. Persons invested with it cannot 

 be deprived of it otherwise than by due pro- 

 cess of law." It was the opinion of the court 

 that " due process of law," by which a person 

 may be deprived or divested of his properties, 

 rights, privileges, or franchises, was not " an 

 act of the Legislature, or an act of Executive 

 power, or a proceeding in court, other than a 

 proceeding wherein the party whose right is 

 involved can have, or is authorized to have, a 

 hearing, and to make a defence," and that the 

 act of the Governor, in setting aside and an- 

 nulling the registration of a county, was not 

 " due process of law." In deciding that the 

 functions and powers of the commissioners of 

 registration were of a judicial nature, and not 

 properly subject to legislative or Executive 

 control, the chief justice said : 



The act, and decision, and judgment of the com- 

 missioner are of a judicial nature. Under the fran- 

 chise law he is the appointed tribunal, and the only 

 tribunal, empowered to ascertain and decide what 

 persons possess the qualifications which entitle to the 

 privilege of the elective franchise, and to award to 

 them the evidence of their right to vote, and authori- 

 ty to exercise and enjoy the rig^it. Without his ad- 

 judication no person can establish his right, and ob- 

 tain the evidence of the right and authority to exer- 

 cise and enjoy it. And, with his adjudication, persons 

 are invested with the privilege of the franchise, and 

 the right to exercise and enjoy it. It is an adjudica- 

 tion upon a right, and a decision declaring its exist- 

 ence, and awarding its enjoyment. Without, and 

 until such adjudication, the privilege of the franchise 

 has no practical existence to the person, and with 

 such adjudication the applicant is invested with the 

 privilege and the authority to exercise it. 

 ^ The functions and powers, then, of the commis- 

 sioner, are of a judicial nature ; and his office is an 

 office of a judicial nature ; and. his decisions are of a 

 judicial nature 5 and his decision in favor of an ap- 

 plicant is an adjudication of a right ; and the certifi- 

 cate issued to the applicant is in the nature of a ju- 

 dicial award, declaring, evidencing, and establishing 

 the right. 



After a thorough discussion of the subject 

 in all its bearings, the conclusions reached by 

 the court were expressed as follows : 



The form and plan of the constitution of the 

 State, expressed in the whole and in the parts, de- 

 clare, organize, and establish a system and form of 

 government, popular, elective, republican, wherein 

 sovereignty is in the electoral body of the people. 

 This is expressed in and by the clauses which dele- 

 gate, reserve, restrain, and distribute the powers of 



government among the several departments and 

 officers, for the purpose of maintaining and enforcing 

 checks and balances upon the several functionaries, 

 and so securing the liberties and rights of the people, 

 and a popular, elective, and republican form of gov- 

 ernment. 



The statute which empowers the Governor, in his 

 discretion, practically and effectually to abrogate the 

 right to vote, of any and every qualified citizen of the 

 State, and at any time and all elections, is repugnant 

 to that portion of the Constitution which is expressly 

 ordained to secure to the people the right to elect 

 officers of the government. 



The statute which practically and effectually em- 



nrers the Governor to determine who of the quali- 

 citizens shall vote and who shall* not, and who 

 shall elect and who shall not elect the officers of the 

 government, himself included, is repugnant to that 

 portion of the organic frame of the government 

 which was ordained to establish and maintain a re- 

 publican form of government. 



The statute which empowers the Governor prac- 

 tically and effectually to divest any and every 

 qualified voter his right to vote, not only once, but 

 from time to time and without end, is repugnant 

 to those provisions of the organic law which are or- 

 dained to invest the courts with judicial power, and 

 to exclude the Executive Department of the govern- 

 ment from the exercise of such power. 



For these reasons the court is constrained to hold 

 that the statute which confers on the Governor the 

 power to set aside and annul the registration of a 

 county, in whole or in part, is unconstitutional and 

 void. 



By this decision the elective franchise was 

 restored to many thousands of citizens, whose 

 registration and privilege of voting had been 

 annulled by Executive proclamation. 



The Legislature assembled at Nashville on 

 the 4th of October, and proceeded without 

 delay to the consideration of important meas- 

 ures. This body was composed of 20 Demo- 

 crats and 5 Republicans in the Senate, and 66 

 Democrats and 17 Eepublicans in the House, 

 showing a Democratic majority of 15 in the 

 Senate and 49 in the House. Intimations hav- 

 ing been made that there was a party in the 

 General Assembly that favored repudiation of 

 a portion of the Sta'te debt, the following 

 resolutions, intended to restore full confidence 

 in the public faith, were introduced into the 

 Senate and unanimously adopted under a sus- 

 pension of the rules : 



Whereas, Previous legislation on the part of those 

 who have heretofore controlled the State govern- 

 ment, in pledging the public faith by the issuance 

 of State bonds t has tended greatly to impair the pub- 

 lic credit and impart distrust to the minds of many 

 as to the ultimate payment of our public debt ; and 



Whereas, A people who, in all their history, have 

 shown scrupulous fidelity, commercial and otherwise, 

 to private obligations, must consider justice to all 

 public creditors as essential to the honor and dignity 

 of the State : therefore, 



Resolved by the General Assembly of the State of 

 Tennessee, That the people of Tennessee will never 

 signalize their restoration to the control of public 

 affairs by sanctioning in any manner indifference to 

 public obligations. 



Resolved. That expediency, together with the honor 

 and good faith of the State, demands that the interest 

 on the public debt be paid at the earliest ^practicable 

 moment, and its principal securely provided for at 

 maturity ; and to these ends, under a careful retrench- 

 ment and rigid economy in all other respects, the en- 



