Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1868-11-28
SPECIMENS OF GOV. BR0WNLOH'S
INPARTIAIITY

the llgniS OF polIlcal OppouentS arc AT
stake, but like the unjust Judge in the
fable, when his own partisans are to be
unSeated or deprived Of Office by such
interference, he considers that his duty
lies in a very different direction. During
the tendency Of the presidential canvass
he declared through his paper, the
Knoxville Wing, that Mr.. ClementsOn,
the Democratic candidate for elector in
the second district, could not take the
oath required Of candidates in the fran
chiSe law, on the ground as charged by
the Governor, that he had given aid and
comfort TO the Rebels" and there is
every reason to believe that, had the
election gone in favor Of the Demo-
Gratis, he would have refused to de-
clare Mr.. Clemenston duly and
constitutionally elected one Of the
electors for this State. The position he
had taken in his paper touching the cam
didacy Of Mr. Clementson was but the
prelude to his action as Governor ir ne
cessary. But it appears he does not re-
gard it as at all necessary to 20 behind
1.-THE official returns to see whether those
on the Radical ticket were constitution
ally elected The third section Of the
fourteenth article Of the Constitution Of
the United States declared ratified by
proclamation Of the Secretary Of State,
bearing date the Goth of July, 1865, pro-
vides that mo person shall be a Senator
or Representative in Congress or elector
of President and Vice President, or hold
any Office, civil or military, under the
United States or under any State, who,
having previously taken an cath, as a
member of Congress or as an officer ofthe
United States, or as a member o.
any State Legislature, or as an exc
cutiye or judicial officer Of any State,
10 support the Constitution OF the
United States, shall have engaged in
instruction orrebellion against the same,
or given aid and comfort to the enemies
thereof" On the 10Th Of November Mr..
Cate offered q resolution in the Senate
rcciting that Speaker Senter Of the SEN
ate who had been a member Of the Leg
islature Of 1890, was member Of the
Rebel Legislature" Of 1852, and had
taken an oath to support the constitution
Of the Confederate States, and that he
had offered and supported sundry meas
ures obnoxious to the public welfare
and spirit Of our government" and which
give abundant evidence that he was en-
gagged in the rebellion" 1t was not de-
MED that Mr.. Sentcr was . member Of
the Rebel Legislature" that he had
taken an oath TO support the constitution
of the Conf ederate States, or that he had
voted for and supported the measures
rccitcd by Slr. Cate, but the resolu-
ton was laid upon the table on
the ground that the third section Of
the fourteenth article Of the con-
stitution Of the United States could
not apply to him for the reason that he
was elected and qualified before the rati
Gcation Of that article. Blu. he was
elected one Of the electors of President
and Vice President since the ratification
O. that article, and there it stands as a
barrier to his legally accepting and dis
charging the duties Of the office of elect
or. How does the Governor act in the
matter? On the oath inst. he issues a
proclamation declaring that Mr.. Senter,
as well as the other candidates, has been
duly and consUtutionally elected" How
can he be coRsptu,ionally elected when
the constitution Of the United States de-
alares that hc Is ineligible Perhaps it
viii be claimed for the Governor, II not
by himself that he haas uo right to 60
behind the official returns 90 inquire into
thc legality Of hi. election. Unfortunate.
" for him ne has made a record which
comes up in judgment Just here against
him. In the election !or members OF Con
grcss in 1865, Nj d. =. Thomas was
elected over Mr.. s. N. Arncll in the sixth
district 10y majority Of nearly five hun