Nashville union and dispatch. [volume] (Nashville, Tenn.) 1866-1868, 1867-01-26
GOV. BROWNLOW's VIOLATION OF
uECRNRTFVV-TION AND LAWS

Iov. Brownlows neglect and refusal 70
Mr. Hickey, who has been
elected 10 the Office Of Attorney General
IN one Of the judicial districts of the
State, by the people thereof, under proc
lamation Of the Governor himself, requir-
ing the election to be held The laws Of
Tennessee vest in the people the right and
power to select their officers, and the con
stitution requires that the Governor shall
sign and grant to the person elected his
commission as such officer Ia his fall
ure and refusal to do so, Governor
Brownlow is guilty Of a fragrant violation
of the constitution and laws Of the State.
This charge is not lightly made on friyo-
lous or partisan grounds, but is the state
ment Of a fact, which puts in issue the
Governors sworn obligation 10 obey the
law Every day that he fails OF refuses
10 discharge the duty thus required Of
him, he puts at defiance the viii and wish
of the people, and is to that extent a
usurper and tyrant-depriying the
people Of their rights and liberties.
Congress has recently passed an act
requiring the For6eth Congress To meet
on the 4th Of March instead Of in De-
cember rs heretofore. In that Congress
Tennessee has no representatives, and
can have none prior to August or Septem-
ber-some six or seven months-unless a
special election is held 1t is made the
duty Of the Governor by positive provision
Of law, to order such special election
On this subject the constitution. Of the
United States, article l, section 2, says
"When vacancies happen in the repre-
sentation from any State, the Executive
authority thereof shall issue writs of cleo
ton to I'll such vacancies"
The Code Of Tennessee, section S25
provides special elections are to be
held in the following cases \ x
When a pacancy occurs in the office q
Representative IA Congress, by aohich the
State riH be deprived Of ats full repre-
seatqtion, at any time Congress may b.
IN session prior to the merit general cleo
lion for that office" And section 8SC
provides that, "The Governor shall also
give notice of any special election fGr
Representative in Congress, members o.
the General Assembly" etc, etc
In failing and refusing to order the
election thus required to be held, Cover.
nor Brownlow sets up his viii and authori
ty above the constitution Of the Union
and the laws of the State, both of which
he is bound by his oath to observe and
obey He thus assumes TO make his will
the supreme law over the State of Tennes-
see, and arrogates to himself the powers
Of an absolute despOt, which are not only
inconsistent with the rights of freemen
but positively denied to the highest
functiOnary of the land Instead of be-
ing the executor of the laws, the servant
Of the constitution and of the people, he
defes the one, usurps the rights of the
other, and prociaims himself, in effect,
the imperial master of both.
In a letter written from Knoxville on
the 3lst December, to Horace Maynard,
which was presented in the House of
Representatives in Congress, and read
from the Clerks desk on the 9th inst,
Gov Brownlow says in relation to Capt
Nelson, who has been indicted in North
Carolina:
He was notified of the finding Of a true
bill against him m North Carolina, and Of
the intention Of Gov. Worth to make re-
QUESTION upon me. told the Captain %
make himself cash. that ! ,0oltld
not surrender him to a Rebel mob in North
Carolina. Gov. Worth never made such
requisition, and I attributed his not doing
so 20 the noise made in the Rebel papers,
about the same time, Of my prompt refusal 10
gi1cup the gallant Col Smith upon the appli-
cation Of Cor. jenkins, Of Georgia, for an in
dictment for stealing four bales Of cotton,
which cotton he had seized as an officer Of
thgspovernmenf. Previous to
these occurrences, Gov. Pierpont, Of Viz
ginia, addressed me a communication, fdse-
shadowing his purpose to make a demand
upon me for Hon. r. r. Butler, for time
in The Federal army, bat nou one Of our Supe.
rior Court Judges. gaze the GOrerHor such
an 0nsrsr that no further correspondence took
place befcscn as on he subject"
In these acts Gov Brownlow violated
the following plain provision Of the Fed
eral constitution, which he swore on the
Eyangelists to support and obry--article
4, section >.
a person charged in any State with
treason, felony, or otter crime, who shall fee
from Justice, and be found in another State,
ahall on demand Of the executive authority
of the State from which be fed, be deliv-
cred up to be removed to the State having
jurisdiction of the crime"
In all the cases above stated, in which
the Governor Of Tennessee has usurped
despoGc powers, and violated the obliga-
tiona imposed upon him by the laws Of
the land, there is and can be no lawful
excuse or justification His duty is as
plain as the noon sun, and his refusal to
perform it is as'iagrantas it is ia sitious
If he thinks he has grounds let him un-
dertake to defend himself
We hope Gov Jenkins and Gov Worth
viii sustain the laws, and renew their de
mands for the delivery up of the persons
charged with crime in their courts
-
VINES the members the Legislature
come to vote upon the loyal militia bill,
which is one Of the most expensive pieces
Of -lnachinery yet contrived let them
think Of the condition Of the State fnan-
ess Let them step into the Offices Of the
Secretary Of State, the Comptroller, the
Treasurer, the Commissioners of Roads,
and the custodian OF the School Fund,
and examine the debit and credit sides of
their books, Let them scan the financial
columns of the daily papers and learn
the current sales of State bonds in the
great money markets Let them, by all
means, consult the pockets Of the tax
payers. The fund of facts to be cleaned
from these sources, may enlighten their
minds as to the expedieney Of expanding
a million or two more Of dollars on their
militia bill.
LIBEL SUITS.