Brownlow's Knoxville Whig, and rebel ventilator. [volume] (Knoxville, Tenn.) 1863-1866, 1865-12-06
SehatOr Bowers Protest.

The Senator from Smith was shown the vote OF his
eeunty before be offered his protest. and it was sup
posed that be would want the registration of his
county corrected, as there were 2sS illegal votes
given His resolution obtained but four votes in the
Senate and for the obvious reasons that the Fran
chise Committee was the proper committee to refer
the Governors report TO- and further, the Governor
states in that report that the papers are all in the
State Department subject to the inspection of all
interested.
Senator Senter met the protest as soon as it Was
read, and his reply is sufficient for the occasion
PROTEST.
The undersigned protests against the vote Of the
Senate refusing TO refer the special message Of the
Governor on the late Congressional election to
special committee: because,
LIST. The vote Of the counties of Smith and Sum-
ner composing the Senatorial District which he has
the honor to represent this floor, is thrown out
and not counted in said election, when he knows
that very nearly all the votes given in the county
Smith are loyal The evidence on file in the Office
of the Secretary Of State the undersigned asserts
would if examined, show this fact. BE will not
deny that there may have been 8 few illegal votes
given in said county, but he denies that this should
be any in law fact for setting aside the e
gal votes. BE does not believe all the votes poled
in Sumner county were Illegal, though he has no
personal knowledge ss to this county
This much, however, he will say, that the people
of those two counties whatever number may have
BEEN and however a few lawless exceptions may e1-
list as in every community, are as Loyalty obedient
to the laws State and National any section of this
State, of the United States, and any insinuation
or statement to the contrary come from whatever
source it may does the people of those counties in
justice.
I'd. The Franchise Law" as it is called, under
which said election was held, provides that every
e md
licy known to have entertained unconditional Union
sentiments from the outbreak of the rebellion to the
present tms shall be entitled to the privilege Of the
elective franchise"
In the county Of Smith at least one hundred and
eighty persons under this provision of the law.
The undersigned obtained certificates and voted and
yet in violation of this so-called franchise law our
votes are set aside and are not counted
3D. The undersigned submits that there is no law
which authorizes permits the Executive to 60 be-
hind the certificates of the sherifs of the various
counties 20 inquire into the legality legality of
votes cast for members of Congress. There is Ger
tainly no such provision in the so-caled Franchise
Law, and the provisions of the code specific to
the contrary. The certificates Of the sheris
elusive upon the Governor. The House of Repre-
sentstives of Congress is made the judge of the le
gality llegality of the election of its members
but however this legal question may be decided the
undersigned protests against his vote and the votes
of his immediate constituents being set aside in vo
lation of the so-called Franchise Law and without
the shadow of law anywhere.
4th. The facts ought to be examined in Justice TO
the Executive himself The refusal to allow an in
vestiSation throws suspicion on the action of the
State Government and gives color to the charges of
its enemies. Truth and fair dealing fear the
light Of investigation. They rather seek it, knowing
that error and crooked ways love darkness.
For these reasons and many others which he will
not detan the time of the Senate to mention the
designed protests against the refusal Of the Senate
permit investigation into a transaction which he
feels has wronged him and his constituents and sets
an example of violation of law under the pretext of
executing it, which endangers public freedom every
where.
TSignedl JOHN W. Bowen.
The protest was ordered to be spread upon the
journal, whereupon Mr.. Senter said:
Mr.. SPEAKER-I do not feel that in justice to my
self and brother Senators can permit the protest
to the Senator from Smith TO be spread upon the
journals without calling his attention to and asking
him to correct that portion which charges Senators
with having refused to investigate the Governors
special message in regard to the manner in which
the late elections for Congressman in this State were
held under the franchise law.
Now, Mr.. Speaker, / am sure, and ! feel confident
that every Senator here will bear out in the as
serton that there was objection made to inVes
tgstion but upon the contrary all were anxious for
the same; the only difference was as to whether the
investigation should be made by Special Commit
tee or BY one Of the Standing Committees Of the
Senate, to-wit The Committee on the Elective
Franchise to which majority of Senators thought
it properly belonged, and to which it was referred
for investigation.