The Nashville daily union. [volume] (Nashville, Tenn.) 1862-1866, 1866-03-27

To the vOtsrs cf ssasara oonatr.


FELLOW CITIzEss I'm order to allay thI
excitement, and bring order out Of cOnfu
sion, with reference to the election ordere,
il our county or the Slst inst for the pur
pose Of filing the vacancy said TO be oeca
| stoned by my resignation as your Represen
tative in the lower branch Of our State lie
islature, have deemed it due 10 you and
10 myself TO make public the facts in tbs
ease-that you may all comprehend at {
| glance the true situation"
On or about the lst Monday in October
last, / entered upon the arduOus and respon-
sible duties devolving upon me as your Re
! preventative, and continued in the discharge
| thereof, to the utmost Of my ability, with
zeal and fdelity-neyer failing or refusing
| TO vote for or against sny proposition that
came up, until | became sick, which unior-
tunately was on the 10th day of February
last, on which day I was compelled to ask
leave Of absence, which I did, and as to the
nature Of that leave granted me by the
House, refer yon to the following extract
| from House Journal as furnished me by its
present worthy and gentlemanly principal
Clerk, Ed. II. Gogen. Please read it:
"The following gentlemen were granted
leave Of absence.
Mr.. Parks, for 10 days.
Mr.. Baker, for 4 days.
Mr.. Thomas, fol ; days. ------- -
Mr.. Dunaway, aasii he recovered from in
disposition.
A true copy FROM the Journal of the House
for February 10th, 1866.
Ed. H. GowES,
Prln. elk. of the II. Of r.
As to how long this iudispostion con-
tinued you will laesse read the following
certificate of our own fellow-citizen, DR..
MeGrew, whom you all know:
STATE OF TENNESSEE,
Bedford County.
al hereby certify that / was called to
yisit NJ. E. W. Dunaway on the 18th of
February last, which / did. l found him
very sick. He ought to have had medical
attention before he did. He continued un-
able to return 10 his duties in Nashville for
about 10 days. He would have yentured
to return in few days from the time first
saw him, but advised him that he was
unable, and would do himself injustice, and
perhaps be unable to return at all. He al
ways spoke OF returning as soon as he was
able.
Given under my hand, March 19Ih, 1866.
J. H. McGREw, NJ. D.
On Monday, the 5th inst, l intended re-
turning to Nashville, but, learning from
Senator Carrigan that it was the conclusion
Of both Houses 10 not attempt the transac-
tion Of businessun vacancies were filled,
it became unnecessary that l should then
return.
On that same Jay, His Excellency, Gov.
BrownlOw, issued his Proclamation and
Writs of Election to fill "vacancies, and |
was much surprised TO find our county of
"Bedford" in the list of unrepresented
couuties, it having never occurred to me
that my seat was "vacant by Proclamation
or otherwise" II is admitted that my seat
is not vacant by resignation" but that it
is otherwise" occasioned by my name ap-
pearing to public address, twice published
IN the city papers, in which address l am
represented as having "withdrawn," and
hence the alleged vacancy by otherwise"
The address is entirely outside of the
Journals Of the House, and cannot be bind
ing upon me in the face Of the Journals.
Especially is this so, when l say that
knew nothing whatever of the address until |
it appeared, not having signed it myself or |
authorized any person to do so fer me. |
Hence, l arrive at the following conclu- |
sions:
That l am, in lew and in fact, member |
of the House Of Representatives from the |
fact that I have not resigned in person, |
nor by proxy. ! have not Withdrawn" |
or authorized any person to represent me |
as haYlng WlthdraWn. Therefore, l hold, |
that being member as before stated, a !
vacancy" cannot exist, and that, until it |
does exist, there can be no necessity for an |
election to fill it, or authority in law to JUS
tify it.
This being so, you see at once that can
not with consistency contradict the fore
going facts, by recognizing the validity of |
the approaching |ectiOn.-Were | to an
nounce 70 you 2Ezl lam q candidste to fill !
the "vaeancy occasioned by my resignation
or withdrawal" when such vacancy does
not exist, would be a contradiction of terms
that cannot with the lights now before
me give my assent.
Fellow citizens, have endeavored to do
my duty as your Representatives. have,
as before stated, voted for or against all
coming before me. | consider it
my duty to do so as long as | am a member
Of the Legislative boby.
I hope, fellow citizens, from what have
here shown, you will be able to eOmpre-
hend the true situation, and that you will
appreciate my motive in thus addressing
you. My sole purpose being to vindieate
myself and state my present position.
am, fellow citizens, with assurances OF
kindest regards and sincere thanks to you
for past favor.
Your obedient servant,
NJ. Z. W. DUSAwAY.