Nashville union and dispatch. [volume] (Nashville, Tenn.) 1866-1868, 1867-10-06

were handed over to the military author
titles of the United States. The orders
under which the United States troops acted
are herewith filed, marked Exhibit No. III.
The result of all this has been thas your
orators have been foreibly, by armed yio-
lence, prevented from exercising the most
valuable of all the corporate franchises OF
the CITY of Nashville, and from holding the
annual municipal election, which should
have been held on the 2Sth of September,
and that the Judges appointed by the Com
missioner of Registration have been per-
mitted to 60 through the forms of an cleo
ton, without any right in law, at which the
great body of the votes polled we're persons
of color, who had no right TO vote under
the charter. Your orators are advises
that such election ia illegal and void, and
win be so pronounced by this court that
they are still the Mayor and City Council
of Nashville, and will so continue to- be
until their successors are legally elected
and qualified. Your orators, and the cor
porators and property-holders of the city,
have refused to recognize said election, and
will continue to do so. Your orators are
informed. and verify believe, that the
defendants named in the caption OF this
bill who claim to have been elected Mayor
and members of the Boards of Aldermen
and Common Council, intend TO, and Will
forcibly take possession of the archives,
books. papers, and effects of the corpora
ton and the public buildings, unless pre-
vented by. the iniunctive process OF this
court. Your orators are advised that they
have right to such process, and to call
upon the said defendants to show by what
warrant, valid in law, they pretend to be
the lawful Mayor and Council of the city,
upon the ground that there is no other
court having jurisdiction, or competent to
give relief, and upon the ground of the
prevention of irreparable mischief. Your
orators are anxious to hold the election for
city officers according to law, as soon as
they can be permitted to do SO peaceably;
and they are advised that your Honor's
court is authorized to take charge Of eorpo-
rate elections, and to see that they are con-
Quoted in accordance with the corporate
franchises. whenever distractions are
thrown in the way by individuals, or by
unlawful combinations Of any character Z
Your orators would further charge that
the defendant, Alden, who pretends to have
been elected Mayor at the form OF an cleo
ton as aforesaid, is ineligible to hold the
| Office. He has not been bona tide
| citizen of Nashville for the period pre-
scribed by law, nor does he own freehold
property of the value of five hundred dol
| lars. Your orators understand that, in Or
der to give him the appearance of being
freeholder, the said Alden, on the day of
| the election, or the day before, procured
person of color to convey to him lot in
| the city for the nominal consideration of
eight hundred dollars, but that, in reality,
no consideration passed, as your orators be-
| lieve and charge, and the whole transac-
ton was colorado fo- the purpose aforesaid.
Your orators also charge that some of the
persons who pretend to have been elected
to the Board of Aldermen and Common
| Council at the same form of election, and
| particularly, ------- are in part
| ineligible, not being freeholders in the
| wards for which they pretend to have eeen
| elected.
Your orators also charge that the said
| Alden was himself the Register appointed
under the act of the 25th of February,
| 1867. to make the registration of voters,
| and issue certificates; that he, as such
| REGISTER. in violation of his duty, and of
| the plain provisions of the law, registered,
| and issued certificates of registration to
| many persons not entitled to vote, and par
| ticularly to minor and nonresident me-
| eroes. and that he refused to register many
persons who we're entitled to be registered
| under the law that he used his Office not
| TO execute the law but prevent it, and
with a view 10 throw the controlling vote
| into the hands of the negroes, and, doubt
less, intending to use them for obtaining
| this very Office, Your orators charge that
so much of the said franchise law as un-
| dertakino to extend the elective franchise
to the negro is unconstitutional and void,
but. If it were otherwise, their votes were
cast at this election, $50 called, not vol
UNFAIRLY for the persons of their free
choice. but under the coerciVe machinery
of secret societies known as loyal leagues,
and under threats of Acknowledgement if
they voted otherwise. The defendants
were elected, if at all, by illegal votes, thus
illegally procured, and should not be al
lowed to be indicted into Office.
Your orators would add that if the fran.
chise laws were intended to affect the cor
porate franchises as claimed, they would
be unconstitutional and void, because OF
their impairing the obligation of con-
tracts, and interfering with vested rights.
The premises considered, your orators
pray your Honor that the persons named
| in the caption of this bill as defendants be
| made such by process of subpoena and
copy bill, in which the exhibits need not
be copied unless called for, and required to
answer the allegations herein made under
| oath. Your orators pray also for the
| States gracious writ of Injunction to en-
Join the defendants named in the caption
| nfh
taking possession of the archives, public
buildings, property and effects of the cor
poration of the Mayor and City Council
of Nashville, or of exercising or assuming
to exercise any of the functions of Mayor
or of either of the boards of the City Coun
ell, separately or collectively, or of inter
fering with your orators, az the legally
elected officers Of said corporation, unit
the further order of this court. And, upor
final hearing, will your Honor declare tn
$50 called election held by the judge
| appointed bv the Commissioner of Regis
tration, null and void, that your orators
| elected Mayor and members of the Cit,
Council at the election held on the 28tl
! | September, 1866, are the only legal repre-
: sentatives of said corporation, make tn,
: Injunction asked perpetual, order an cleo
llOu uHucl anu VIZ Wv
r PENDANTS and all other persons from inter
3 fering Herewith forcibly or otherwise, an
, grant all such other and further relief a
, they may be, in equity and good conscience
D entitled TO.
e w. +. COOPER, Solicitor.
: Personally appeared before me, W. Mat
Brown, one of the above named complain
I ants and made oath in due form of iav
: that the facts set forth in the foregoing bi
are true to the best Of his knowledge, infol
nation and belief.
) w. MATT BRowN, Mayor.
= Sworn to before me September 80, 1867
R. H. HOWELL, d. c. & Nj.
1.-THE several exhibits referred to an
e made part of the foregoing bill, hayin
7 previously appeared in full in the column
/. Of the UNION AND DISPATCH, and th
reader being familiar Herewith, are omi
# ted-EDs.
It THE ACTION OF THE CHANCELLOR
Il The application for the injunction in th
e case is refused. HORACE H. HARRISON,
u Oct. 2, 1867. Chancello
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