Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1869-12-02

Is it not sweet to know that when they leave MS,
lis where they go 10 rest?s Ia ava
To the Honorable Edward III. East,
Chancellor Of the ThiESeenth
Chancery Division of Ihe state OF
p, Tennessee. Holding Court at ashT
Vile:
[ooNTNUED.l
Al fhat tine the before mentioned Y m u
Brownlow Governor Of tennessee hsd III
ized I'm Ter an invalid act of the Senefal as
setnhlv a military force, called " hin INC
stare Guard II was not the mlllla vi lSH7
ncssee nor any part thereof, Lawfully acting
as such but a standing army, or at least such
an organization of troops as the states are pro-
hfbited TO keep without the consent o. Oon-
gress which was not Obtained Ihese troops
were plsced under the chief command Nunuer
the said Brownlow) Of one Jos. A. Cooper, as
Brigadier General, Commanding; Tnd on the
22d Of September. 1861. the SAID BroWnloW,
pretending TO act as Governor, but ~ mater after
and in a manner wholly beyond his authority
rs such. issued an oritr 10 this Gen. cooper.
in the following words: " Sir. you VIII bring
10 Nashville Immediately, all the troops-in-
fantry and cavalry-yOu can command. 70 ena-
lie YOU TO protect the judges aud clerks APP
sOinted by the Commissioner Of Registration,
and % enforce the franchise law. If need be,
call on Mai. Gen. Geo. II, Thomas for addi-
and enforce the law Now, eOmplainAnts
distietly allege that there was no plausible
preteNt for assuming that the city authorities
OF Nash Vile or its citizens, had any intention
TO break the peace OF in any way 20 interfere
with the enforcement of the franchise law,
even as understood or interpreted by the SAID
Brownlow or the said Cooper; nor was there
any intention to hinder the officers or pre-
tended officers appointed by the said Commits
sioner in the holding of such election as they
might choose to hold. But 3he SAID cltN au-
fhorities in the most formal and emphatic
manner disavOwed. and that repeatedly, any
such intention-avowi that all they desired
or intended, was in the most peaceable man
ner to p Oceed with and hold an election under
the provisions of the city charter. And If
there should be another election held by the
appointees of said Commissioner, they were
willing that the courts OF the country should
determine which set of OficG were lawfully
elected. And the military commanders, who,
from the time above mentioned began TO In
terlere in the matter. were officially informed
OF such desire and intention of the said city
authorities, in the most formal manner Yet,
so il was. nevertheless the said Jos A. COODer
on the 23d of September, 1861, issued an order
in the following words: "The General in COM
maud having received the foregoing order"
alludng 10 the order of VIVA. G.. BrOwnl0w
above given, warns all parties to dusist from
any attempt TO hold any election in violation
Of the franchise law. He also notifies all per-
sons cntitled TO vote under the aforesaid law,
that they viii be protected in voting, and all
persons not entitled TO vote to desist from any
attempt TO do sO.' The said order wSs de-
signed 10 intimidate the officers lawfully ap
p0inted TO hold the contemplated municipal
election and prevent them from proceeding 10
perform that duty. and 10 intmidate persons
Lawfully entitled to vote under the franchise
lHN, who had been registered and Obta ned
their certificates and prevent them from
.Oting-it being assumed by the said Commits
si0ner, and those acting with and under them,
that none were entitled to vote except those
who had obtained certificates under the third
registration. which was only a small number
oTthe lawful voters under the Law, now is
fully settled by the supreme Court, and a
D. fn.sa all
JhC provisions of the charter. And so it Was
when the day appointed for the election came,
soldiers took possession Of the voting places,
and held them while the appOintees of the
said Commissioner held a pretended election.
al which TO one was permitted to vote unless
hs held a certificate OF registration under the
third registration all the Former registrations
and the certificates given hereunder being
held as void or annulled. Indeed. such per-
sons did not dare 10 offer their votes, being
rorewamed 10y the military order above
quoted. 10 desist from any such attempt.
The result Of this pretended election was
the choice Of A. h. Alden for Mavor;
IharlCs Baker Adolph Nelson, VIM. {. Nm
nev, Il. : TutbIl. }. b. knowles, H. II.
Thombergh Silss +. Allen, Z. NJ. Donaldson,
J G.. Me Laughlin and }. q. Mckee for Alder
raen: and Thomas Corners, H. II. Hammer,
Horace {. Smith, W. w. MOOdmausee. NJ. G.
Thaver W. J. Cochran Martin kockel, j NJ
keIchcyal. J q. ogden, a. b. Shanklaud, p.
" Pratt L. j. IarbrOugh, }. W. Grifin d.
A. Burchett D. Brien, }. b Mitchell, Thomas
Olsen. l. j.. COVE. IL y. trainer anu II. y.
Grant for COuncilmen.
and here complanants further show. that
by the charter Of the city of Nashville. as
amended by the aforesaid act OF Feb. Is ISIS
il IS made the duty of the officers holding the
annual election TO transmit the result to the
existing Mayor. The Mayor is to deliver the
returns TO the Recorder, who is TO furnish to
each person elected TO be an Alderman or
Councilman a certificate Of such election,
which certificate shall be presumptivc evil
dence OF the title Of such person TO a seat; but
each branch Of the City Council, however, 4"
so convened with such certificates of election,
shall have power to decide ultimately upon
all questions relative to the qualifications,
election and returns Of its members" 1t will
be observed, may 1t please your Honor, that
while by the law each branch Of the City
Council receives authority to decide ultimate
ly upon the qualifications, election, and re-
turns Of its members, there Is by the same law
lodged with the previously existing authOri-
ties the conservative power to receive and
audit the election returns, and to decide in
the first instance who the persons shall be
who are to thus take their seats and exercise
this power OF ultimate decision of question
of so much consequence to the vital Interests
of the corporation On the occasion in ques-
lion. the officers which had been appointed 10
hold the election by the existing Board OF
Aldermen - in each war l. made their return
TO the existing Mayor, that they had been pre-.
vented by armed force too powerful to be e,
sisted, from holding any election; and there
fore none had been held. And thereupOn the
two Boards OF the City Council then existing
met in their respective cham bers, and aftel
cons ideratiOn Of the whole matter sOlemnly
decided that no election had been held, anC
that il was the DUTY Of the then incumbents o.
the Office of Mayor, and Of the positions Of Al
termen and Councilmen, TO hold over unit
their successors could be lawfully elected anC
uualiaed This action was taken by the Mayo
and citycOuneil in the regularcOurSe Oftheir Of
Hcial duty under the charters and bylaws, anC
according to the customary usage of the cor
yoratiOn. And thcreupOn the complainant
f,~ MNVOr and flfV ll0unell brOu IN
their Bill OF OOmpla amt in the name OF thei
corporation. and in the name Ofthe several in
diviiuals who were for the time being the in
rumbeut- Of these Othcial positions, as cOrpO
rators az inst the said a. Is. Alden and othe
l.ers1ns above named, 10 enjOin them from at
tempting to act rs Mayor, Aldermen an
COuncilmen Of compliments corporation
and IRON attempting TO seize upon the publ
uroUsrty of said corporation. Said bill set on
in lis allegations substantially the same fact
a, are presented above in this bill; and fur
tber alleged thai the cOmplainants therein ha
reason to app chend that the said A. E. Aide
and the Others therein named, then cOntem
plated a fOrcible and unlawful seizure of tn
public archives, buildings. and property of tn
litv aud the expulsion of the existing author
ties from their Offices; AND that irTeparabl
injury would snsue 30 the corporation and
tine individual cOrpOratOrS, IN their propeTt
and public credit unless the SAID 2pprehen'
rl unlawful and violent action of the said A.
Ten and others should he prevented by Oh
luruuvtiyc power Of the Court of CHANGER!
GlllE iit hill invoked odlN Dill OF Aou
8lant wa presented TO the Chancellor, the
holding court Tor this ChanceTy division
Nashville. and its prayer for injunction r,
.a-Cl. said hjll was not filed; but soon ther,
after another bill was presented TO said Char
,.rIIuF- on substantially the same grounds
The nalHe ui the state on the relation of NJ.
Brieu against the said Alden and others.
4rpyrDf their ml2N full exercise of the fun
floB- Of Mayor, etc which will hC more pa
fi-ulallv referred 30 hereafter.
McauW hiic, the existing Boards of Aide
men and CouEcilmen, and the existing Mayo
who were, rs compliments insist, SIN q
1lyfIll MavoT and City Council, COntinuD
their meetings and the transaction OF bu'
ness rs the lawful incumbents; and refused
AMY way Ia recognize the pretended electi,
which Had been held; aad the Recorder und
the authority Of the Mayor and Council. T
fused % give certificates OF election 70 the pS
IONS before mentioned. Who claimed 10
chosen at SAID pretended election ret ne
rYtbrle~s. saIi lrrUtcuacTs seized their OppC
r..nity ~ assemble IN the Han In which
Ruar,ls ur the City Council usually met, a
Inc oath Of oflice was administered TO the
- ps customary hy the Recorder OF by a
nfiIccr of the corporation but by the actl
Juage OF the Circuit Court Ot Davidson COZ
~ Who undertook 10 act for the occasion vii
sul the consent OF the corporate authorltu
m any s3ecial warrant of law. And soon the
tf,pr an armed force Of the troops under
Command of the said Jos. 4. Cooper came
mo Office Of the Mayor, who. with the OIL
corporate authorities still held out agar
the preLendeTs. ana iOrclbty CNpelled y
lherafrom and placed in his stead the said
r. Alden, who thereafter assumed 10 act
Mayor. and the other pretenders OrganL
.S Aldermen aud GOunoilmen. and proceed
90 eApyl the city officers elected by the law
board aud place their own appOlntees IN IN
stead; and all this hcing supported by a la
armed force, eucamp ped IN the envlrons or
city. cnmplaIuButs' Mayor and CITY Com
yvclc compelled TO cease further resistance
The time being, and 20 further act in their IL
ful cRnaCitv H. the authorities Of said COrpO
t.nu but atthe same time said lawful Mayor
CITY Council lad distinctly announced in Oh
hill which was published in the public jOU
ais and had expressed their determination,
~ .oluti0n iB council, that they would resis
fbe utmost Of their pON cr. 10y all Law iui N ca
the seizure Of their corporation and its pr
ertv hy the said Alden and the other prete
crs acting with him
IN addition % what Is stated above il
alleged and distinct y charged in the said
oftompIaiut and in the manner above sta
public n ,tice Was given. that the said Al,
Us not eligible to the Office OF Mayor, b
-.,,,s, hp nd NOT hppT a resident OF I