The Nashville daily union. [volume] (Nashville, Tenn.) 1862-1866, 1865-10-29
A Card from Mr.. steele, in Reply TO
the Secretary of State.


HousK OF REPRESENTATIVES,
October IS, 1865.
n, En7-ar.--A COMMUNICATION from Mr..
Fletcher appeared IN the Press and Times
and Uaion Of shs 9Th, Il which sn al
ivdsd 10 II conn csicu with other Members
of he House. Mr.. Fletcher has been, and
IL cbnrring fee Of enc dollar On every
ccnmission to g. justice Of the Peace, signed
b. the Governor. did say, and do now
saw. that the exaction Of this fee from Just
ices of the Pesce, b. the Secretary, is IN
precedsRted aud without the authority and
sanction Of law. Nov for the proof:
Section 452s, Of the code, fxes the fees Of
Secretary as follows:
For each search in his Office 10
For each copy per hundred Words. 10
For each certificate with seal Of State. lrs0
Certificate without seal Of State........... p
Aach grant ~
Entering in a book the number and
date Of each grant. ...ls....-. 10
Each memorandum Of Incorporation 800
Copy Of township or other plat......--.-.- Sc
No lee is here allowed for commission.
But Mr. Fletcher may contend that the fee
Of one dollar ior each certificate with seal
Of State" metns q "eo7smissi0n." He GER
taiuly does know the difference between a
certificate and the con.Missfa Of Justice Of
the PeaceI The first relates TO copies Of
papers and documents on file IN his Office
the second is an authority from the Gov
ernor in accordance with Art. ?, Sec 10 on
the Constitution, which reads, ''Alf grants
and commissions shall be in the name and
BY the authority Of the State Of Tennessee.
Be sealed with the State seal and signed By
tie Governo5." Section II of Art 3, pro-
vides that the Secretary Of Siats ''shall
keep a fair register Of all the official acts and
proceedings of the Governor" The Gov
ernor receives a stated salary for his 'ofieal
acts" and the conclusion is irresistible that
the Secretary, who is only "Head Clerk"
cannot charge fee for what the Governor
is required to doubles especially author
lied by law. There is law for charging for
q 'grant," because in the opinion Of the
Legislature grant was for and concerning
a private indiyidusl-but commission IS
for public office, in which the tohols people
Of the State are interested; and hence the
reason why the Legislature has never passed
a law authorizing the Secretary of Slate TO
charge fee for eiasnsission made out by
the Governor. clos
But the acquisitive Secretary, in discard,
says: If those profound statesmen. will
turn to the acts or fs59-oo, at page So. they
will find that the Secretary Of State il en-
titled 70 one dollar for attesting with his
signature, aud afiixing tie seal OF the State
70 al gepeYs; aud that the fee on Justices
commission IS expressly recognized" Nov
right hero Mr.. Fletcher is guilty Of not
quoting az Of that section, knowing too we'll
That if he did he wouldfcoH0ict himself and
prove beyond n doubt that my prsitiOa il
Ihs law. Here is the entire section, part
Of which, only, would be refer to. o .ah
''SEcrIoE 2. Be Il further estasted, That
the law regulating the ices Of the Secretary
Of State be so construed and understood as
10 allow him to demand and receive ten
cents per hundred words, for all copies,
| transcripts and records, made by him, and
one dollar for attesting with his signature
and afiixing the seal OF the State to al pa
pers, lhe stopped at the word "pApers'') 20
be paid for by the party or par
ties for whom the same is done,
whether ior the State or individual, . Pro
Uided he lao FeLatiVe to fees on grants and
Commissions 10 justices Of the Peace, rsmai,l
as Leretofore" Why did not the Honorable
Secretary quote all the law? Now it has
been shown that there was no law suthor-
| izing him to charge q fee on commissions To
l Justices Of the Peace, prior 70 the act oil
1880. show Il if you can Mr.. Fletcher
since that time, you cannot do 1t, fer the
very act you refer to as your suthority,
1 makes 10 cIdItQc IN regard 70 grants anO
commissions. And if il were possible,
which deny, by any rules of construction
| that sees for commissions were implied, ii
could only be the same as that Of grant
which is now, and was then, sifty cents"
appeal to every person connected with the
State Government, from Governor down
to Justice Of the Peace, if they ever paid, OF
knew to be paid, such fee to any Secretary
OF State before the present incumbent came
into Office. The idag has nor been changed
since the act Of 1880 Mr. East sent to
my county about twenty commissions in
| 1854 and charged nothing. Mr.. Ray sent
some in 1860 81 and charged nothing
presume il was the same in other counties
| And in the face Of all this proc, Mr..
| Fletcher "wantonly" assails me ss Greek
less" for courteously and kindly, and firmly,
as q member of the Legislature bis
/ right under the laws Of Tennessee--to exact
/ from the Justices of the Peace of this State
q harvest Of illegsl fees. I may not be "rs
/ spsetsble" according TO bis standard because
| 1 have denied his right 10 peculate on the
civil officers Of the counties in this State
DO not claim TO be a "jurist" in his &C
/ Quisitive aceeptation and practice Of thai
| feFm-nor am "iearned" in the ways o
getting money at the expense Of official IN
| tegrity. I am more than willing to leave
his respectsbility and mine TO the mpartia
and respectable citizens Of Tennessee! Le
them pass sentence. a' A. A. sTKELK.