Daily union and American. [volume] (Nashville, Tenn.) 1865-1866, 1866-08-07
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THE FRANCHISE LAW TO BE TESTED
IN RUTHERFORD-JUDGE RIDLEY
APPLIES FOR A NEUTRALITY-SUSPICIOUS.
COOPEB's ORDER.
To the Hon. Henry CooPER Judge Of the Sew
enth Judicial Circuit, holding the Circuit Court
at Murircesb0r0, for the County Of Rutherford,
ia the State Of Tennessee;
BROMTIELD L. RIDLEY, who is a citizen
Of the United States and Of the State Of Ten
neseee, and 2 citizen and resident Of the
county of Rutherford, in said State, brings
this petition against FREEMAN SHERBRooKE,
of the same county and State; and there
upon your petitioner shows 10 your Honor
that he is now ffty-nine years Of age and
has been q citizen and residentof said county
for more than twenty years; that he Is a
free white man, and that on the 10Th day Of
July, 1865, he was pardoned by the Presl-
dent Of the United States Of America, for
all ofenses against the Government Of the
United States committed by him, and that
he is ready 20 produce his pardon, as your
Honor may require; that since said date
last mentioned, he has in all respects cor
Quoted himself as a faithful citizen Of said
United States and of the State of Tennessee,
and has committed no Otiense against either;
that he is in all respects loyal citizen OF
tie United States and Of said State, and
that he has been accustomed to exer-
else the right and privilege Of voting at all
elections in said county as guaranteed 10 him
by the Constitution Of the State of Tennes-
see, and which right and privilege has never
been forfeited by him; that said SHER-
BROOKE has been appointed Register Of vo-
ters for said county Of Rutherford, under an
Il q ]. 81 alera EfUH Of
Tennessee, called " The Franchise Act," and
is now exercising the function of said Office
in said county, and registering the names OF
voters and giving them Certificates OF their
rights to vote in elections; that your pc
titioner on the lst day Of August, 1866, not
recognizing the validity Of said Franchise
Act, except so far as il authorizes register
Of votes and acertihcatc in accordance with
such register, applied to said SHERBRooKE,
az his Office as such Register Of votes, in the
town Of Murfreesboro, 10 be registered as
voter as said county, and grant him GER
tlhcate thereof your petitioner upon his APP
plication aforesaid, offered 10 produce and
exhibit 10 said SHERBROOKE his pardon
aforesaid, but was told by said SHERBROoKE
II was unnecessary, and that he would not
register your petitioner unless he could
visions contained in said Franchise Act, and
refused TO register your petitioner as a voter
and 10 grant him certificate thereof.
The premises considered, your petitioner
prays your Honor 20 graut him a writ Of
HaandamUs, directed to said SHERBRooKE, Re
gister Of votes for the county Of Rutherford,
commanding him to appear and show cause
why he refused 10 register your petitioner
nm D 70 Of
your petitioner prays a trial Of this cause,
and that the said aidnddmus may be made a
Judgement Of the Circuit Court Of said
county, be made peremptory, and said SHER-
BROOKE, rs such Register Of votes, be per
emptorily ordered and directed to register
your petitioners name as a voter of the
county aforesaid and grant him certificate
Of said registration. And your petitioner
prays such other relief as The premises may
require, and as in duty, etc,
CHAs. READY,
EDWIN II. EWING,
JNo. w. BURTON,
Attorneys for Petitioner.
Circuit Court Of Rutherford county, july
Term, 1866: This day come BRo8TIELD l..
RIDLEY before me and made oath that the
facts alleged in the foregoing petition are
true In substance and in fact, 10 the best Of
his knowledge and belief, and subscribed the
same before me in open court. This LIST day
Of August 1866 NJ. J.. FLETCHER,
BRoMFIEI.D i. RIDLEY. Clerk.
State Of T6nnescee-T0 Freeman Sherbro0ke
Esq, Greeting: Whereas, BRoMFTELD i.
RDLEY,a citizen Of Rutherford county, has
applied 20 HENRY COOPER, one Of the Cir
cult Judges Of said State, now holding the
Circuit Court of Rutherford county at Muir
frecsboro, in open court for a writ Of DlGHda-
mas, to command you, as Register of voters
of said county, 10 register him as voter
and TO grant him a certificate thereof, stating
in the petition that you have refused TO re-
giSter hlmand grant him a'certifcate. These
are therefore 20 command you either to
register said RIDLEY as a voter Of Ruther-
ford county and grant him certificate as
such voter, or 20 appear at the next term Of
said court on the second Monday in Novem'
Der, 1866, at the Courthouse in Murirees-
boro, and then and there show good and sui-
fcient cause why you fail 80 TO do, and have
you then there this writ.
Witness my hand, this LIST day Of August,
1866. HENRY COOPER, Judge,
9TH Judicial Circuit