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

the returns OF the Othcers holding the election are
conclustve evidence that the election was regular,
and that the Governor is bound so to testify This
section Of the code evidently presupposes an election
held according to the forms of the Constitution and
laws, with other official information before the
Governor but the Sheris returns and these returns
showing that the election was regularly held. But
suppose the Sheriff makes an additional return or
if you please, an amended return and that amended
return shows that the election was not regularly
held. Such was the case with the Sheriff of Hum
phreys county. His first return shows an election
opened and held according to law but in response
TO the inquiries submitted to him he replies official
y that i'll seven out of ten districts in the county
the judges of election were not sworn And the
Clerks report shows that his entire registration was
null and void. And in this way county is made
to cast four hundred votes that never was sus
pected of having more than two loyal citizens in it.
But it is said the Governor had no right to submit
these inquiries to the Clerks and Sherifs He must
not inquire into frauds and official abuses He must
shut his eyes and bindly certify that every election
is held regularly and in accordance with the laws
Of the State" This it seems does not suit the con-
science of the Governor He will not certify false
hood knowingly, and cause the great seal of the
State to be affixed to it. If the editor of the Dis
patch, his writer desires such an official perform
ance, they must call upon their Governor now rus
ticating in Mexico on the spoils of the State
But let us see to what this preposterous doctrine
would lead. 1t was proposed in the Dispatch, last
summer that the people, without regard TO the pres
ent State Government or any of its laws should go
to the polls the Sd of August and elect not only
members of Congress but Governor and Legisla-
ture. About the same time there was a general
movement to disregard the franchise law. And it
not till after repeated proclamations were issued
-One distinguished arrest made-some indictments
found-and an adjudication at Memphis and the in
terposition Of the President himself that a sulen
acquiescence was affected and an imperfect execu-
fIO0 If fhOl Oht
had been successful and there had been no regstra-
ton whatever, and no regard paid TO the law Ac-
cOrdIng to the doctrine of the writer we are review
ing it would have been the duty of the Governor to
certify from the Sherfrs returns that the election
was regularly held according to the laws of the
Statep No man of common sense, and no LAWYER
with decent respect for himself willcontend that in
the event of total failure throughout the State to
register the voters, the Governor would have been
bound to certify that the election was regular. Now
what is the difference between total failure and
failure IN twentynlne counties far these TWEEN
ty-nine counties are concerned?
Many other cases of q void election might be put,
such as an election USrG instead of by ballot or
secretly without notice; or the election of q woman
q negro, OF convict, in all of which cases common
sense, law, and the Constitution require that the
Governor should take notice Of the election. And
this is all that he has done in the case of the twenty
nine counties which failed to comply with the law
He has simply taken no notice of them.
But the writer for the Dispatch asserts that the
law Of Congress of March the 3D. 1862 4" has moth
ing TO do with the duties of the Governor 1t re-
qulres patience TO answer writer who will quote 8
statute and then make the assertion directly in the
face OF It. The Governor has to make out and sign
certificate, and the act quoted requires that certf
cate to show that the member was regularly elect
ed according to the laws of the State" 1t prescribes
the form of the certificate. A certificate without
this form would not be noticed by the Clerk of the
House of Representatives 1t will not do to say that
the phraeology of the statute NAV be omitted in the
certificate, and that it is sufficient for him to certify
that the candidate received the highest number of
votes, simply. This is one fact going to show that
the election regular. If he undertakes to show
that the election regular by recital of facts
he must show many other things than simply that
one candidate received more votes than any other.
He must show that proclamation and writs of cleo
ton issued that the election was held at the
proper time and places by ballot and by the proper
officers and that there had been correct regstr2-
ton, ETC., ETC. Now the act Of Congress intends and
it says that the certificate must shoe that the mem
Der was regularly elected according to the laws of
the State 1t must contain these words, and their
omission would not only excite suspicion but be ia
tai to the validity of the paper a certificate No
intelligent member elect would receive or accent
certificate without the words of the act, or their
equivalents, on its face
Our writer says this is the first time in the his
tory Of Tennessee that the Governor has assumed to
throw out the votes of whole counties" This is no
against the legality of the act 1t is the
first time in Tennessee that it was made the solemn
duty Of the Governor to take care " that regis
tration law be faithfully executed" In the Ian
guage OF our writer these are "perilous times and
many things have been done in Tennessee in the last
five years fer tic first time. 1t would crafty the
curiosity Of the reader to know how many of the
things "done for the first time by Isham G. Harris
and his associates have been approved by the writer
we arc noticing It is understood that the ostensi
bic writer has not left many protests upon record
against these things done for the first time"
Again, our writer says the Governor has de
prved all these men5n the twenty nine counties of
the highest right Of a freeman" and that he has as
sumed the right to "disfranchise whole eountiesn-
Ihls IS unfair, ungenerous unworthy. Il is a Eo,o
attempt to lrrltate the people these counties against
Inc governor Any citizen of any Of the counties
thrown out has only to take his loyal neighbor to
Inc clef and prove himself entitled to vote and get
MS certllcatei and any county can at once comply
with the law by correct registration. Whatever
;, hignesI nght any man may have lost, has been
lost either oy his own act in making war upon his
country or by the act Of his clerk in failing TO exc
cute the law The earnest and powerful efforts made
by the Governor before the election TO have the law
executed proves his desire that all the citizens should
vote who were entitled. Besides, we personally
know that 1t was with much regret, and after long
that he found himself compelled to dis
I-S O4CCL-O- II LIE udUl6Q. his L6al
% find single county in the 9Th District IN which
regular election had been held, to enable him
o give Governor Campbell certificate sttests his
fesire that the people should be represented in Con-
5ress by the man Of their choice.
As to the 9Th District the fact that in the counties
where the law was complied with, the vote was small
md overwhelmingly for Mr. Arnell and that in the /
rong rebel counties where the law was disregarded
he vote was large and overwhelmingly for Mr.
Thomas, speaks in unmistakabe language in favor 4
# the claim of the former that he was the choice of
he fraDchsed citizens of his district But accord
ng to our writers own views, no injury has been
lone to Mr.. Thomas. The certificate is mere mat
er Of form. We quote the following from the arti-
lie in the Dispatch, and ask the reader to transpose
he names of Mr.. Arnell and Mr.. Thomas where
yer they occur. TO show the safe position Of Mr..
-homas:
"But the certificate is not final to the regulari-
: of such m election. If Mr.. Arnell is satisfied
hat majorty Of the legal votes cast IN the election
cast for him, he has but to make proof Of that
the House of Representatives, which, by the con-
-itution of the United States, Is constituted the
ldge of the elections, returns and qualifications of
g Own members and that body would soon oust