and an enemy of the so-called Confederate States; that I ardently desire the suppression of the present rebellion against the government of the United States; that I sincerely rejoice in the triumph of the army and navies of the United States, and in the defeat and overthrow of armies, navies, and of all the armed combinations of the so-called Confederate States; that I will cordially oppose all armistices or negotiations for peace with the rebels in arms, until the Constitution of the United States, and all the laws and proclamations made in pursuance thereof, shall be established over all the people of every State and Territory embraced within the National Union; that I will heartily aid and assist the loyal people in whatever measures may be adopted for the attainment of those ends; and further that I take this oath freely and voluntarily and without mental reservation. So help me God."19

At the February election 42 counties voted or made returns, the vote for the amendments being 25,293, and against them 48.20

On the 25th of February, 1865, Governor Johnson issued a proclamation declaring the amendments ratified and confirmed, and ordering an election of State officers on the 4th of March. In this proclamation the Governor said, "Complete returns have not yet been made as provided by the foregoing resolution,

19 Acts of Tennessee, 1865, page VI.

20 Miller's Official Manual of Tennessee, page 48.

but enough is already ascertained to place the result of the election beyond all doubt, and fully to justify the announcement that the following articles amendatory of the Constitution of the State and schedule thereto appended, have been adopted by the people." 21 The Supreme Court afterwards declared the amendments effective.2

22

At the March election W. G. Brownlow, a strong man and bitter partisan but possessing many excellent qualities, was elected Governor, receiving 23,352 votes, while only 35 votes were cast against him. The Legislative ticket, all of which was voted upon throughout the State, received the same number of votes. The Legislature, pursuant to the schedule attached to the amendments of 1865, met on the second of April of that year, and the Governor was inaugurated on the 5th of April. Thus was civil government restored in Tennessee, after an interval of more than three years, but another year elapsed before the State was allowed representation in either branch of the Federal Congress.

It was the necessary policy of the party, now dominant, to maintain itself in power by disfranchising all who had supported the Confederacy, that is to say, at least two thirds of the white men of the state. Governor Brownlow with characteristic determination, avowed

21 Acts of Tennessee, 1865, page IX.

22 Ridley v. Sherbrook, 3 Coldwell's Tennessee Reports, page 569.

his purpose to carry out this policy, and called upon the General Assembly to enact the necessary legislation, and to supply him with adequate means for its enforcement. Without going further than is necessary into the details of the history of this period, whose events still excite no little feeling in the State, it may be said that many of the legislators were more radical than the Governor as shown by their debates and by their enactments.

Certain laws passed by them must be considered because they are connected directly with the development of the Constitution.

By chapter 16 of the Acts of 1865 the county court clerks were compelled to "keep a registration of voters" and to require proof under oath of the loyalty of every applicant.23

The Act was passed June 5, 1865, but the results. of the August elections of that year, were unsatisfactory to the dominant party, and on May 3, 1866, an amended franchise law was passed further limiting the right to vote, and authorizing the Governor to appoint for every county in the State a commissioner of registration, whose duty it should be to register the names of all qualified voters, and to issue certificates to them. This action was delayed by the resignation of twenty-one conservative members whose places were filled by special elections.

These Acts were upheld by the Supreme Court in

23 Acts of Tennessee, 1865, chapter XVI, section 6.

the case of Ridley vs. Sherbrook, 3 Coldwell 569, already referred to.

On the 25th of February, 1867, the Legislature returned to the subject in a still more strenuous mood, the two efforts already made to keep disloyal men from voting having failed of satisfactory results.

The Acts of 1865 and 1866 allowed only white men to vote, while the Act of 1867 impliedly extended the right to negroes, though it expressly declared that it should "not be so construed as to allow the colored man to hold office or sit on juries.'

9924

It empowered the commissioners of registration to appoint all judges and clerks of elections, taking that right from the Sheriffs.25

The Act of 1866 required the applicant for registration to swear "solemnly," while the Act of 1867 required him to swear "most solemnly." At the same session the Legislature enacted that aliens who had resided more than one year in the United States, and more than six months in Tennessee, should have the right to vote in State, district and county, and "all other civil elections" provided they had declared the intention of becoming citizens of the United States and had not participated in the "late rebellion."26

A most extraordinary bit of "omnibus" legislation was chapter 36, of the Acts of 1866-7 which, in a little more than one page, amended, in important re

24 Acts of Tennessee, 1866-7, chapter XXVI.

25 Acts of Tennessee, 1866-7, chapter XXVI, section 10.

26 Acts of Tennessee, 1866-7, chapter XXXVII.

spects, the general laws of the State relating to six different subjects. The third section nullified the registration in Davidson County under the franchise Act of 1866, and the fourth authorized the Governor to set aside by proclamation the registration in any county, where it should appear to his satisfaction that "frauds and irregularities had intervened." These successive Acts, it was thought, effectually secured, the supremacy of the executive in all things connected with elections. But the Act last referred to was so effectively attacked on account of the variety and the incongruity of its subject matters, that on February 28, 1868, an Act was passed to "legalize the Acts of the Governor," done under it, and to confer upon him the power to remove commissioners and set aside registrations.27

The constitutionality of both Acts was questioned in the case of the State vs. Staten, 6 Coldwell, 233, and the Supreme Court held them unconstitutional and void, in so far as they authorized the Governor to set aside registrations or undertook to confirm such action by him.28

On February 20, 1867, was passed another Act, not less obnoxious to the disfranchised element, and not less disastrous, ultimately, to the fortunes of the party in power. This was an Act authorizing the Governor to organize and call into service a volunteer force to

27 Acts of Tennessee, 1867-8, chapter LII.

28 State v. Staten, 6 Coldwell's Tennessee Reports, page