Nashville union and dispatch. [volume] (Nashville, Tenn.) 1866-1868, 1868-03-20

A Negro Magistrate Indicted INT,
Ofhee-The Discussion In the CountS
Court Yesterday-An Injunction
Against the County Commissioner.
10 be Applied for-ApprOprIaiIOn 81
$1,000 for Litigation. rr
Pursuant to adjournment, the County
Court Of Davidson convened yesterday
morning at the courthouse, Judge w. A
Glenn in the chair.
Present, Justices ] W Bush, George
Burch, John G Briley, W d Baker, Jere-
miah Bowen, P w Brien, Z H Childress,
Enoch Cunningham, John r Cowan, E
NJ Cullum, B Garfield, James NJ Camp
bell, VIM Curtis, Wesley Drake, NJ J
Dolin, ] B Davidson, Jos T Elliston, d S
! Graves, Benajah Gray, Michael Gray,
Hollis Hagar, Henry Holt, James Haynie,
Gilpin Hallum, NJ Kerrigan, A Kennedy,
ID l. Lapsley colored, VIM A Mathews,
Henry Mcneil, VIM F Meacham, p W
Maxey, ID A Phelan, Albert Smith, II
Il Scales, james II Still, l. K Spain, Geo
w Spain, James Sloan, A S Thurneck,
Herbert Towns, John Taylor, j S Williams,
w A Wilkinson, n 3 Willis.
w. w. Southgate wac elected County
Surveyor for the ensuing four years, re-
ceiving 81 votes to for W. +. Foster.
j. Albert Smith was qualified as Justice
Of the Peace, to fill the vacancy occasioned
by the removal Of Justice A. s. Edwards.
The application for qualification of
Daniel l.. Lapsley, eoiored, elected JUS
tice of the Peace in the 18th district,
coming up, Justice Maxey declared the
court had no power to qualify him.
Judge Glenn replied that the court
thought differently.
Justice Maxey said there was a legal
question involved. 1t was not for the
court TO decide whether a colored man
could hold office in Tennessee. The court
could not act upon question of that inn
portance. If Judge Glenn thought pro-
per to qualify Lapsley, the court had no
thing TO do with il. If the franchise law
was part Of the Constitution, an act of
the Legislature would not give them that
authority.
Justice Mathews said that a number of
colored officers had already been qualified
and installed, and had made returns upon
processes.
Justice Meacham said the law defined
the necessary qualifications of Justices of
the Peace. They had to be elected and
then commissioned by the Governor, and
after they had been commissioned. they
must be sworn in by the County Court.
whether the court were in session or not.
The court could but do its duty. 1.-THE ap-
plicant had his commission from the Gov
error, and had been elected in accordance
with the laws Of Tennessee, it was his priv
ilege to demand qualification, and it was
not for the court to decide upon the CON
stitutionality or unconstitutionality of an
act OF the Legislature. How could the
court refuse?
Justice Maxey said no motion had been
made for the court to refuse. If the ap-
plicant wanted to be sworn in, let him be
sworn by the Judge without the action of
the court.
Justice Meacham said it was only neces-
sary to prove vacancy. If the law was
unconstitutional, parties feeling aggrieved
must test it in the courts.
Judge Glenn closed the discussion by
declaring it the duty of the court to adj
minister the law as it came to the court.
and ordered Lapsley TO come forward and
be sworn.
The applicant was then duly qualified a
Justice of the Peace, without vote of the
Magistrates, and took his seat.
Justice Brien at once moved an adjourn
ment TO the next meeting in course. and
several members of the court left the room.
The motion of Justice Brien being with
drawn, Justice Maxey made a motion di-
recting Judge Glenn to apply for an in
junction to restrain the County Commits
sioners from displacing the County Court,
and appropriating $1,000 for the employ
ment of counsel.
The motion was carried by yeas and
nays vote, and Justice Brien then renewing
his motion for an adjournment, the court
adjourned until the next meeting in course.