Daily union and American. [volume] (Nashville, Tenn.) 1865-1866, 1866-08-04
SECRETARY FLETCHER, HIS CLERK
AND THE POLI~BOOHS.

Mr.. FLETcHER's clerk, in replying to the
demand of the people Of this county, made
yesterday through their County Court Clerk,
replied that he could not give up the poll
books, and that the same would be the action
Of the Secretary Of State, if he were present
He, at the same time, expressed a regret
that these records were in his possession,
and could not explain how they came there.
This all may be true; but it shows one Of
two things, namely-1st, inexcusable official
stupidity and ignorance, or End, deliberate
purpose to deprive the people of this county
Of their rights at the ballot-box, so long as
the present franchise law remains in force.
By the law, the Secretary of State is not
entitled to the custody of these county re-
cords. If there is any order placing them
in his possession, it is his duty to produce
that order. Ifhe cannot show it, it is clear
that he cannot justify his action, ard must be
held accountable as a wrong-doer, and as the
deliberate enemy Of the peoples rights and
liberties
How is ii possible for a public officer Of
State to justify the unlawful holding of
county record by the nonsensicaI plea that
be does not know how it came into his pos
session? In this attempted justification he
assigns the most forcible and cogent reason
why he should Immediately deliver it up to
its proper and legal custodian.
But we do not expect the Secretary of
State to deliver this important record ex-
cept upon compulsion. And the question is,
whether there is any legal process by which
he can be compelled to deliver to the people
Of Davidson county the records which right
fully belong to them. We answer that
there IS. Let the County Court Clerk file an
application in the proper Court, in the ma
ture Of a quo loarrGntO, and see by what war
rant the records of his Office are withheld
from him. This viii bring them. If the
Clerk has any doubt about it, let him con-
suit any lawyer with a thimble-full Of
sense and five pages Of law reading and
his doubts will be removed. Sup
pose that the papers relating to the
settlement Of estates were removed from the
Office of the County Court Clerk, and carried
to the Capitol and placed in the Secretary's
Office, and he were to go and demand them,
receiving the reply that the Secretary did
not know how they came there, regretted
their being there, but peremptorily refused
to give them up! What would be the Clerks
duty in that case ?-and what would the
courts do IN the case, if called upon ? What
has the Secretary to do with the settlement
of estates in Davidson county? What more
hashe to do with poll-books Of the county?
Are the people Of Shelby county, or those
of Carter to come to Nashville to get certi-
fed copies Of their poll-boolls? In what
does Davidson differ from Carter or Shelby
or any other county, in this respect? Out
upon such stuff and nonsensei
This wicked and senseless assumption of
authority by State officials has gone far
enough. We appeal to the law to stop it,
and we demand of the proper agents of the
people to institute such legal proceedings,
without further delay, as will secure their
rights in the forum of justice, the established
legal tribunals Of the country.