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

male, anu TeSA0ehl lot HOIc thdH SlA
months in the city, or the owner Of free
hold in some one Of the wards, but he must
also ''haVe been registered and received
certificate thereof" This is all that the
Legislature contemplated, or the words of
the act viii admit, and your orators profered
TO hold their election in accordance there
with. Your orators were further advised
that the tenth section of the act Of the 25th
of February, 1867, had no application to
municipal elections at all, but, If by forced
analogy, it was held to apply to them, the
authority conferred upon the Commissioner
of Registration was subordinate to the APP
pointing power of the existing Board Of
Aldermen" and could only be exercised in
the event that Board failed TO do its duty.
But, so it is, may il please the court, the
Governor of the State, in violation OF the
corporate franchises, and, we are obliged
TO say, notwithstanding our respect for the
highest Executive officer of the State, in
violation of the constitutional Limitation of
the executive functions, undertook to decide
that the franchise law swept away the cor
porate privileges; that the qualifications
Of electors were not limited by the terms of
the charter, and that the Commissioners of
Registration was alone authorized to APP
point the Judges of election, and directed
that his view of the law should be carried
out by military violence. He caused to be
issued a general proclamation to tins effect,
and forbidding the holding Of an election
otherwise than in accordance with his
views, and on the I'D of September he is
sued to General Jos. A. Cooper, commands
ing the State Guards, an order to bring to
al
fantry, and cavalry he could command, to
protect the Judges appointed by the Com
missioner of Registration, and "to enforce
the franchise law" according to his view Of
it. And, on the 23d of >eptember, Gen.
Cooper issued an order in which he warns
all parties to desist from any attempt to
hold any election in violation of the trans
chise law" A copy of these two orders are
herewith filed, marked Elk. No. and 2,
and made a part of this bill. There was
not the slightest ground for the pretext set
forth in these orders, that any military
were required to protect the Judges APP
pointed by the Commissioner of Regis
tration in holding an election, If
they saw proper SO to do. Neither the
corporate authority, nor the citizens Of
| Nashville, contemplated any interference
with them. All they wanted was the
| privilege of holding the election ordered
| BY them in accordance with the charter,
and they were perfectly willing all ques-
| tions of law involved in the controversy
might be submitted to and decided by the
courts. This is shown by the Mayors proc
lamation, herewith filed, marked 2 A, which
was issued in answer to the Governors first
| proclamation. As an evidence of these in
tentiens, the Mayor at once convened the
| City Council, and resolution was adopted
unanimously, instructing the Mayor to APP
peal to Gen. Duncan (the United States
| commander at this post and to the Presi-
dent and Gen. Thomas, by telegraph, TO
| prevent the interference of the State militia
| in the affairs of the city otherwise than to
| enforce the process of the courts" The
message of theMayor, and the resolution of
the Board are hereto appended, marked
Elk No. 3, and made part of this BILL In
accordance with the authority thus given,
| your orator, W. Matt. Brown, caused dis
| patch to be prepared, detailing the facts,
which, in the substance thereof, marked
Elk. No. a, Is hereto appended and made
/ part Of this bill, 1t will be seen that this
| dispatch states that the matters in contro-
| versy are for the courts to determine, to
| whose decision all will submit-that there
is no intention to interfere with the cleo
ton by the Judges appointed by the Com
missioner-that all the city authorities
ask is to be allowed the same privilege,
and protected in its exercise, and, to this
end, that the Federal commander here be
authorized to prevent all interference OF
the State guard or militia with the pro-
ceedings Of the civil authority" The re-
ply to this dispatch, signed by U. S. Grant
and Andrew johnson, is herewith filed
marked Elk. No. 5, and made part of this
bill. 1t was thought that it would produce
the effect desired, which was to permit both
parties to exercise their rights, for it ex.
pressly said that "the military cannot sci
upto be the Judges asto whose set of election
officers have the right to control, but must
confine their action TO preventing or putting
down hostile mobs" If the United States
military commander had obeyed these in
structions as they were, no doubt, intended
to be, all would have been right. The cleo
tions might have been held by both sets o.
| officers and the courts would have decided
which was valid. Gen. Thomas, the divis
ion commander, saw proper, however, tC
send on private kilograms, the contents o.
which were not made public to Gen
Grant, in consequence Of which another
dispatch was received, signed by him alone
| This dispatch was communicated TO the
Mayor, who addressed to Gen. Thomas
note of enquiry, and received a reply, all o
which embodied in printed extra is here
with filed, marked Elk. No. g. and mad
part Of this bill. 1t will be seen, that yon
orator, the Mayor, in his note to Gen
Thomas, reiterates that no resistance wa
ever contemplated to the laws of the Stat,
of Tennessee, nor was it ever desired ST
defest the Executive of the State in hi
efforts TO enforce the laws thereof" 1t wa
only designed, ''if not prevented by armed
violence to hold a strictly legal election il
perfectly peaceful manner, and il
full accordance with the provisions c
the charter of this city" The ques
| ton was distinctly put to Gen. Thoms
whether you deem it your duty, unde
| the order received by you, to uphol
, | Gen. Cooper and his militia, in thei
threatened attempt to prevent the peaceful
| holding of the election heretofore ordere
? by Incorporate authorities of Nashville?
; The reply of Gen. Thomas, after quotin
2 this query, is: Il have to say that I'll
: proper Interpretation of Gen. Grants tell
a graphic order is TO sustain the Stal
. authorities in the execution of the
l orders" The plain and obvious meanin
/ of which was; that he, Gen. Thomas, woul'
, under the instructions he had receives
!. feel it is duty to sustain the State militia
D their orders, forcibly to prevent 50 ii
4 peaceful holding of the election o
0 dered by the corporate authorities
e Your orators felt that nothing was lie
: them but submission to the bayone
f Accordingly, at meeting ofthe City CouI
e | Gil, Immediately convened, resolution
were passed TO this effect, herewith file
; marked Ex No 7, and your orators, '
e Matt. Brown and M. c. Cotton, withdre
0 from the canvsss-your orator, Brown,
: the public announcement herewith file
r marked Elk. No. S. At 10 o'clock on Il
e morning of the election, and one hour aft
a the polls had been opened, your orator, '
- Matt Brown, as Mayor, received cor
e munication from General Thomas, undo
taking to correct a statement in his card
; resignation, which seemed to imply th
r, Gen. T. had been misunderstood when
D was supposed that he would aid the Sta
" militia in forcibly preventing the regul
le election ordered BY the Board. Wher