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

branch of the City Council, however, shall
have authority 10 decide ultimately upon
all Questions relative TO the qualifications,
election. and return OF its members. BY
the act OF the 18th of March, 1887, il Is
made the duty Of the Board, Of Mayor
and CITY Council, 10 elect Recorder and
Treasurer. each Of whom shall serve Tor
oue wear and until bis successor Is appoint
ed. Il il the duty Of the Recorder TO keep
the accounts Of the corporation. and to open
and hold court in the city every day for
the punishment Of violations Incorporation
laws. and with the powers aud duties OF
Justice ofthe Peace II is the duty of the
Treasurer TO receive and disburse all money
collected for the use and benefit of the
city.
Your orators would now show your
Honorthat by these and other acts the corpo-
ration once created, with perpetual success
sion, has been continued in existence, with
out any Radical change of its franchises.
and with all the large and varied powers
essential TO the existence and prosperity
of a growing city. 1t has been authorized
TO purchase, receive, and hold property,
real and personal, for corporate purposes,
and to sell, lease and dispose thereof, and
has, accordingly, bought property of the
value Of several hundred Thousand dollars,
and now holds the same. 1t has also
taken stock in various railroads, built up
expensive waterworks, issued its bonds to
raise money for corporate purposes,
which bonds are now held by third per-
sons, who look to the corporation for pay
ment. The city has prospered and grown
until its population now exceeds, probably,
al a A
have be en- done and accomplished under
charters which gave to the people Of the
city the right of self government and of
exclusive control over the municipal af-
fairs through an executive officer, and le-
gislative bodies elected by the citizens and
property holders. These officers were d.
rectly responsible to them, and holding
their Offices for a short term, and being
themselves, moreover, as citizens and free
holders, interested in the common pros
perity, were bound by all the restraints
which the laws can afford to administer the
city business for the common advantage
Foreigners, a. we'll as citizens, in view of
these facts, have been induced to vest, and
have vested millions of dollars in the pur-
chase and improvement of property within
the corporation limits, and in the public
stocks both Of the city and of private COM
panies fostered by the city. 1t is not too
much to say that these results have been
due to the peculiar form of the municipal
government, and the faith of all
persons in the inviolability and per-
manence of the corporate franchises,
in their leading features. Your orators
claim that the corporation itself and the
citizens thereof, and the holders of proper
ty within the corporate limits, and the cred
itors ofthe corporation, have acquired vest
ed rights in the corporate franchises in their
leading features, as well as otherwise, which
cannot be interfered with, impaired, or
violated by the executive or legislative
power Of the State, or other power what
ever, without the assent Of the corporators.
| And, if there we're any doubt upon this
| proposition TO the full extent suggested,
there can be none, that the corporate fran
chises themselves can only be affected by
] direct legislation, not by implication
Now, it will be seen from the provisions
| Of the charter quoted above, that the d.
/ rections as TO the mode and manner of con-
! Quoting the corporation elections, and the
| qualifications Of officers and voters are
! clear and precise. A person to be eligible
to the Office of Mayor must be citizen of
| the State and a citizen of Nashville for
two years al least Immediately preceding
| his election, and the owner of freehold of
the value OF at least FIVE hundred dollars
| TO be eligible as an Alderman or Council
man he must be a citizen of the State, a
bona fde citizen Of the city, and a free
holder in the ward for which he is elect
ed To be entitled to exercise the elective
franchise, person must be "lghite male
of the age of twenty-one years and up
wards, either residents for six months
within the city, or, if nonresident, own
ing a freehold in the ward in which he
offers to vote, and who is entitled to vote
by the laws of this State. The Judges OF
election, the charter expressly provides,
are to be appointed by the existing Board
of Aldermen" and shall hold the election
and make their return in the mode pre-
scrihed. The returns are TO be made to the
Mayor, entered in book and certificates
Used thereon by the Recorder.
Your orators who were duly and legally
elected 90 office under the charter on the
2Sth of September, 1866, would bow show
your Honor, that in view of the municipal
election to be held on the 2Sth of Septem-
Der instant, (lS67,) the Board of Aldermen
did appoint Judges of the election, as they
were authorized and required to do, that
places for holding the election were fixed
according to law, and your orators and the
{ citizens and the property holders of the
city were about to proceed to hold the
election according TO law, and would have
held the same if they had been permitted sc
to do, but were forcibly prevented from sc
doing by armed troops. The circumstances
under which this was done, will be best
understood, BY stating first the pretexts un-
der which this resort to armed violence is
sought to be justified. The late General
Assembly Of the State, convened under the
. amended constitution of 1865, and, in pur
suance, as they insist, Of its provisions
proceeded to pass sundry acts known as th'
franchise laws, by which the right to eXer-
! else the elective franchise in the genera
elections Of the State were restricted, il
/ the first place, to persons who were regis
D ! tered under the provisions of the law, anC
, had received certificates of such registra
| ton. The validity of these laws, thus far
e although seriously questioned, has beel
: sustained by the Supreme Court of tn
r State, but the question has been taken b
E writ Of error to the Supreme Court of th
= United States. Your orators, as will present
: Fly. be stated, acquiesced in the deelslo
h OF the Supreme Court ofthe State, and Pre-
= posed to hold the election referred to il
:, conformity Herewith. But the Genera
) Assembly after, at one session of its body
passing a general franchise law, and subse
= ouently at a called session amending it i
4 several material respects; again, at sti
= another session, undertook still further {
: alter it by extending the elective franchis
/; in the general elections of the State to ne
e groes. Thislast act was passed on the 2Sth {
e February, 1867, being chapter XVI. Of tn
e pubbc printed acts of thesecond adjourne
t session Of thirtv-fourth General Assembly
' and provides in the fifth section in thes
It words: That no person shall be entitled
l. voteat any State, county, district or munic
+, pal election, or any other election held undo
lie The laws of this State, unless he shall has
n been registered, and shall have received
he certificate thereof, as provided in this act.
ID Rv the 10th section Of the same act II
re | Commissioner of Registration is authorize
in to appoint the Judges and Clerks Of ele
OF tions, in all elections, Tin the same name
he. and governed by the same rules, as heret
be fore conferred upon Sheriff." Now,
u the general law Code section SAL d