Nashville union and dispatch. [volume] (Nashville, Tenn.) 1866-1868, 1867-09-20
SHALL LAW OR UsURPATION PRE-

1t has been supposed that we had a
government of laws in this State, but
Governor Brownlow seems determined to
establish the fact that we have instead a
government in which the will of one man
is the supreme law, and woe betide him
who runs counter 10 that will In the
days when this people were proud to say
that they were citizens Of Tennessee, the
Governor executed the laws that were
passed by the Legislature, and when
there was a conflict as to the meaning or
scope Of law, it was construed by the
courts 1t was then regarded as the in
alienable right Of any man to appeal to
the courts for the construction Of any
law, But this is chan Ied, and Governor
Brownlow is not now content with the
duty Of executing, but arrogates to HIM
self the authority of expounding the
law Witness his proclamation Of July
lst, 1867, in which he declared, by
virtue OF authority conferred upon him,
and in discharge of the duties imposed
upon him by law that the franchise
law was clearly and unquestionably
framed so as to take the appointment of
Judges and Clerks of election from the
County Courts and Sherifs, giving the
same to the Commissioner of Registra- |
Ia, IL
made by said Commissioners will alone
be recognized at the State Department"
And he warned the County Courts not to
appoint Judges and Clerks, as they
would lay themselves liable to be pun>
ished % And in a subsequent proclama-
ton, dated July 81 he ordered the
officers commanding the loyal militia
to arrest whoever might endeavor to de-
feat his Interpretation of the law, and to
break up and dispense parties who
should attempt to hold the election under |
any Interpretation of the franchise law
than this. Witness, also, his procla-
nation Of the 18th inst, in which
he proclaims, in the discharge of
the duties imposed upon him by law
that "the Commissioner Of Registration
under the franchise law is the proper
one to appoint the Judges and Clerks Of
all elections and that the qualified vo,
tiers in all municipal elections are those
only who have certificates of registra-
ton, and who are qualified to vote for
members Of the General Assembly; and
that all elections held in violation Of
said law are null and void and Of no
effect whatever Now all this is eratu.
itous assumption on the part Of the Gov
ernor. There is not even the sem
blance of law for the authority he has as
sumed. Ifthe franchise law means what
he says it clearly and unquestionably
does, the courts Of the State are compe~
tent and able to protect every man in his
rights under that law And Governor
Brownlow knows this full well His as
sumption, therefore amounts to an im-
pertinent interference with the duties Of
q coordinate branch Of the government,
which demands the sternest Tebuke Our
fathers declared with an emphasis that
should awaken this people, that govern
ment being instituted for the common
benefit the doctrine Of non.resistance
against arbitrary power and oppression
Is absurd, slayish, and destructive of the
good and happiness of mankind The
Governor knows very well that the fran
ohlse law viii bear of no such construc.
hon before an impartial judicial tribunal
as he places upon it, and hence his bull
lying and threats of punishment which
he knows the laws of the State would not
inhict
The sixteenth section of the franchise
law provides that this act shall not be 80
construed as 10 allow the colored man 10
hold Office or sit on juries Gov Brown.
low knows that "colored man is a can.