The Memphis union appeal. [volume] (Memphis, Tenn.) 1862-1862, 1862-07-16
MEMpHrs July 18th, 1862.


of the rel.
MEMPHIS JnlT 18th, 1861.
To the Honorable Board If M1yor and ALder-
1ssH Of the city Of Memphis.
GEsTLEMEN. Having learned that at your
last meeting [ was elected to vacant Alder
inanship in the sixth ward, and having several
objections, which It Is unnecessary now to
eaumerate, to serving as 8 member of the city
couacIl, ain compelled to decline the honor
thus kindly profered.
With many respects an your ob't servant
ava In4uw-r-ses q. N. FARMER-
Mr.. Tighe moved the reception which mo-
ton was carried.
DIR. Brooks then read the following
PROTEST
Mr. CHAIRMAy Duties, not Of the pleas
ATTEST but nevertheless imperative, will often
present themselves to these holding public
Office, and Of these is the cue l now have 10
dischs rge, q duty l oanno: honestly shrink
from if I would. L di,charge it as duty
70 the city, and in no wise with the leaSt desire
OF causing unpleasantness to any Of my coli
leagues in this miscalled Beard of Ma or and
Aldermen.
The charter OF this city, If it have any char
ter vt all, makes US to some degree the judges
of our owu qualifications, and by its require
ments l hnd that this board has no legal exis-
tence, and that the city of Me .nphis Is to-day
without a bona fds mayor, without board If
aldermen.
The charter under which we assume TO act,
provides that ali Ulcers of this city, legisla-
tive and executive, shaH sakeay, oath to sup.
port the Constitution of the United States. /
am cTedibly Informed that our Predecessors
and The executive Cf the city, rs we'll as other
city functonaries, wilfully refused, most
certainly omitted to comply with this necessa-
ry requirement. of the charter. Tn being So,
all their acts were informal and worthless, ana
we, the production of that board through their
Unauthorized appointment of lie late election,
and the adges thereof, can have no existence
justi6RbIe BY law5and are powerless to bind
Ingly legislate. The very election of the board
from which we spring, was itself in direct vio-
lation of the charter, which requires all city
officers to be elected by citizens of the United
States only, whereas the voters, like unto the
men they elected, had thrown of their citizen.
ship and denied il, assuming to belong TO the
pseudo ConfedeIacy.
But if the board whence this one was or
dered - be elected wa legally powerIess t.
issue such order. this bost1 Its,f contains In
haIl its members men wnoliy ineligible TO
hold Aiderma1ic or Mayoral Office. Sc, ing
that at the time IF their election they had not
E6tuEuS4 W TIC dit6SlAHC6 bUON owe Tue u uiG0O
States, but which by their vote If secession
they denied to their own expatriation; aud liz
further proof of the ineligibility Of the b ard
W ,uld remark that il now contains members
who refused positively TO take the oath of
allegiance presctibed by the military aIlthori-
ties now hers as representatives of the United
States.
The oath Of office exscted from members of
| this board confers ne citizenship, and the citi
| zen ship is expressly required to be undoubted
ere the new ofieerlis even eligible to take that
/ very oath Of office.
| 1t may be as we'll that also point oct that
not only in the matters Of oaths and voting
| did the members Of this board, alluded To. give
i evidence of their ,abnegation of the United
/ States and its Constitution; but 10 acls and
words gave such aid to the s0-called Confed-
eracy as eitiz III tender OILY where hey owe
u glance.
! 1t may be said that the rebel Legislature,
win de sanction Of the rebel Govern or, rnad >
alterslioas in the ctys charter Bet if they
did, which doubt, that fact only goes to prove
that those acting under such am-ndmer = con-
siiered them binding, recognizing the illes al
act of secession and rebellion rs binding upon
them paramouLt 20 the :, qiirements of the
true Constitution Of the country.
From these premises I am forced to con
clude hat the Board of Mayor and Aldermen
which called the election OF this Board had nj
power to make such call, and that the election
is null and void GfE g}GUHiao I'LL
That this Board, not containing even quo
rum Of men eligible as citizens of the United
States to fill the Offices thereof has no legs
existence aud can have none. l therefore re
sign my seat therein, protesting against it
recognition as the City Council of Memphis
and IN no wise holding myself hound by an,
of its past or future legislation or appoint
ments. 9 g az b. II. q. BROOKS.
1t was moved that the resolution be received
Alderman Tighe Thought it was sour grape
with Mr.. Brooks, who was himself ineligible
Mr.. Tighe thought the protest unoalled for.
Mr.. Brooks had promised to waive exsmin
alton. at was in a,certsining aud iuvestigst
ing my own ineligibilty that arrived at tina
of the board itself"
Mrs. I. Morgan proposed that Mr.. Bower
of the ffth ward, be sworn. The motion VS.
carried. Mr. Bowen sworn.
FILLING OF VAcANcIEs-Mr Marcus JONI
was put IN nomination to flll the vacancy cr'
atsdi In the sixth ward by the resignation
Mr.. Farmer. Mr.. McIncrow was also put
nomination. After the first ballot Mr.. McIr
crow was declared elected.
Mr.. Ames was then nominated to fill Il
vacancy in the Third ward, and was electe
!, without dissenting voice.
7 REsIGNATIoE-A resignation wss tendere
by G. G.. Thurman, lieutenant Of the de
fpoliee, but its reading was oljec:ed to by n
Tighe, as it made charges against Other
After discussion the resignation was read;
: To the Mayor and Board Of Aldermen Of t.
3 CITY Of Memphis;
y The undersigned hereby tenders his gEatef
" thanks for the confidence reposed in him
L his elect; On to the post of lieutenant of t
IS day police but feels himself imPelled by
Is sense of duty and self-respect under the c
eumstances, to resign said pest etc.
Z O. q TuuRMAN