The Nashville daily union. [volume] (Nashville, Tenn.) 1862-1866, 1863-12-15


VIZ. CAEER0H & CO., Publishers
-EIcctisn os county 0fficers-OpIn-
Of Attorney General Maynard.
Hon. HeRAoE MAYEkRD, Attorney Gen.
ersi and Reporter Of the State, has ia
FoFed as with copy Of the annexed
letter tod. L. sRuEIoCK, Esq. The loyal
.psople Of TeAnesgse should take steps TO
elect county officers and rsorganizs
clvil government in every county, under
The restrietioas indicated by Mr. MAY
EABD;
e. ArToREKY- Generals 0FFIcEl
Nashville, Dec. 9Th, 1863
Dsur Sir: Your enquiry respecting the
reorganization Of the local government
Of your county, deserves mere considera-
tiOu than I was able to give it on the
spar Of the moment. I agree with you,
Che matter is Of vital importance 10 the
people Of Che State.
Undsr cur system, the county courts
are charged with the care Of the poor, the
roads, the public property, the county
taxes, toe estates Of persons deceased,
fanatics and orphans; and their clerks
wifi tie probate Of instruments required
TO he registered, The issuance of license for
marriage, aud the collection of large
share Of the public revenue. The offices
ofsheriff, constable, register, and trustee
all made elsciive-sre of immense local
Importance. They are purely civil in
thsir character, without any pOlitics. sig
Hifcanee.
Ever since the Federal re-occupatioD,
certainly, if not since tie beginning Of
the war, they have been practically va
cart in nearly all paris Of The State. The
constant and earnest efforts of The Gov
ernor 70 restore their functions 70 activ-
ity have, in various ways, been neutral
izsd, even when the people were anxious
to eo.operats vita him. The situation
Of affairs at ihis time is undoubtedly
more favorable than heretofore for re-
BewiBg the attempt
THE period fixed for The election of
county officers is the fret Saturday of
March, in The even years, and occurs Of
course in March ensuing, not quite three
months awsy. ] deem 1t of the utmost
consequence to the people that they as
semb.e on that day al their respective
places Of voting and elect the proper off,
GERS as they have been accustomed to do.
Ia this way tie Quarterly Term of the
county courts for April can be held, and
zach businefs transacted ss Usually comss
up atthat Term, and much that should
properly BE- attended 10 at the January
Term. Il ,5f b
1lIhe uualtsred constitution as il stands
on the Code. and the statues prior 10
hay, 1861, win be the guide. All sub
seqnsnt attempts st legislation, being the
woFk Of men who Tepudisted the nation
al government Of which Tennessee is a
part and avcwedly for its overthrow, are
null and viii be SO regarded. Where there
ase IN officers 20 hold the elections, the
statute careful Of the elective franchise,
provides that they be held by any three
freeholders. In a majority of instances
probably this will have 10 be done. The
directions Of the Statute, Code $40, are
ample.
The persons elected will, doubtless, be
required, before assuming their respect
i've offices, 80 take the usual oaths, inclu-
ding The oath OF allegiance to the Govern
menl of the United States, IS prescribed
By the Constitution Of Tennessee. The
Federal Government cannot permit any
others to exercise official authority when
it has The power to prevent il, as is the
case in this State.
The officers so elected end qualified
will of course limit their operations
strictly 70 affairs between citizens. They
will not be permitted, it is presumed, to
interfere with military persons or per-
sons in military employ, nor to exercise
authority in opposition te the several acts
of Congress, which have effected very
materially the condition of the negro
population.
The constitution Of the State, in pre-
srcibing the qualifications Of the voter, re-
quires that he be "a citizen of the United
States" The fair Interpretation mani
testify, is that he be one who recognizes
and ayows bis allegiance to the Govern
ment Of the United States in other
words, loyal and not dislOyal citizen.
Il win clearly be the duty of the officers
or persons holding the elections to OBJ
serve this constitutional provision, and
permit no one 10 vote whose loyalty is
not established. When there is any
doubt the oath of allegiance to the
United States, taken and subscribed be-
fore the Judge, would be = convenient
tear, aud when taken in good faith with
an honest intention TO observe il, ought 10
be conclusive, not otherwise.
l am respectfully, etc.
HORACE MAYNARD, ATTY Gen.
JoHS L. SPUBLooK. ESQ.
Henry Stuart Foste. popularity known