The home journal. (Winchester, Tenn.) 1858-188?, 1867-09-26
TROUBLE AHEAD!
The Municipal Election in Nash
yille-EyGwnloW's Orders
TO Cooper.
The Militia to be Concentrated
in the City.

There are strong Indications Of u Sc
c~oufiict next Saturday at NASH
vile, between the citizens Of Nashville
and the militia. The questions at Isl
sue arc: Who is entitled to vote at
the ensuing election, and by whom the
Judges Of election should be appointed.
In the first place W. G, Brownlow, the
s~o-cailed Governor, issues Il proclama
tion (hcis greot on prociamations) pro-
claiming that the commissioners ofHeg-
istration in the several counties Of the
State "is the proper per on to appoint
Judges aud clerks OF election and in
Inmates, if he does not assert, that he
will use his militia to enforce his views.
10 this proclamation mayor W. Matt
Brown, of Nashville, responds in a
probation in which he says.
81 DO not at all concur with his EX-
ccllcncy touching the power Of said
Commissioner in regard to the appoint
ment Of Judges and CLERKS Of elections
in municipal elections, and the Board OF
Aldermen, with whom I have tic hon.
or to be officially associated, after hoy.
ing carefully consulted the most a5tutC
aud learned )jurists in the city Of Nash
Vile upon the question under con5td-
Grafton, came, some tirac ago, unGni-
mously to the conclusion that they, the
said Board Of Aldermen, did alone pos
scss the power Of appointing Clerks
and Judges in Tic approaching election
Of municipal officers; and did also, in
conformity with said view Of the m&t-
ter, proceed formally to appoint said
Judges, and cause their names 10 be an
nounced as having been thus empower
ed to net, in the several newspapers Of
this city. It WIS due to the great i'm
portanco Of the question involved, as
well as to the Chief Executive officer Of
the State, that after receiving 4 copy
of his proclamation The subject should
be examined anew, and THAT the aid Of
counsel, learned in the law, should be
again invoked with u view, if possjble,
to avoid all erroneous action in refer
cnca to Il matter OF such high iml'or
lance in every point Of view, whether
lcgal, social, moral, or ccoNomical.--
That has now been done, ana Tor my
sell us well rs IN behalf OF the Board Of
Aldermen OF the city OF Nashville, |
now proclaim that we sti!l entertain a
clear and undoubting opinion that 1hc
Commissioner Of Registration Of the
county Of Davidson, has no authority
whatever to appoint Judges and Clerks
to act In thcmunicipal election which
is to take place il this city on the last
Saturday otthc present month that the
clause in The charter Of the city which
vests this authority to appoint said
Judges and Clerks in the Board Of al.
dcrmen ofuis city is yet unrcpealcd,
unmodincd, and in full force that There
Is no part OF the franchise law, which,
BIZ any construction, however strained.
can be p!ausibIy interpreted as ]vcstin2
this important power in the Commits
sioner Of Registration that, were. the
Board orNIdcrmcn aforesaid to decline
the performance oftic sacred and deli
cate duty Of appointment conferred up
on them by the charter ortia city, they
would be guilty Of u gross and nnpar.
donablc dGrciicLiou of official dNlv.
would cYincc shameless disregard OIL
the Obligations which they have under
taken 10 perform, would manifest ;
Willingness bascly to surrender w tt
sacrifice the great chartered interest;
coulidcd to their management and pre-
s~ervatiun, and would make themsrlye'
unequiyocalIy responsible for all Tho
ruiuous consequences which il Is cyi
dent TO every Discerning citizen in th'
State, must inevitably result from tina
| organized anarchy and raptnc viii
| which this noble commercial mctroPo
lis is now mcnaccd. Let il be know
then to all the world, that the election
of municipal officers heretofore adyer
tiscd, will take place, a5 heretofore or
dcred, in manner and form rs hereto
fore ordered that the Judges Of cleo
ton heretofore appointed by tht
Board OF Aldermen ortho city ofNas'l.
vile, will be expected to perform the
duties heretofore devolvcd on them
that they will be held to strict respon-
sibility ia connection with their duties
and that they will be fully sustained in
the legal and peaceful exercise Of the
authority entrusted to them, by all the
power of the corporate authorities OF
the said city Of Nashville, in opposi-
ton to all who shall illegally and vio-
lently attempt to countcract or impede
them herein
Mayor Brown is sustained in his
opinion byJohn c. Gaut, w. L. Coop
er, Neil s. Brown, John Lcllyett, and
II. S. Footc, the ablsst of tho Nashville
lawyers. These gentlemen, at the re
quest of Mayor Brown, publish an able
and elaborate document which must
prove to all, to fools even, that Gov.
Brownlow is wrong in his construction
of the Franchise law, and that Mayor
is right. From their report we
extract as follows:
"But, supposing the Governor is
right in the belief, that the Legislature
intended TO take from the County
and Shcritls the appointment of
The Judges and Clerks. and confer the
appointment upon the Commissioner
)i Registration, that has nothing to do
with the Judges appointed by the Al
to hold the corporate election
N Nashville. The election is not to be
leld under the laws of the State, but
under the corporate charter of Nash
vile, which has not been repealed or
modified in that respect. And the ques-