Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1869-06-11

causes above stated your relatOr would in
said election nave received more than one
thousand votes than he did receive for the
said office of Chancellor.
THE BALLoT BOXES STUFFED"
Your relator states that he is informed
and believes and charges the fact that
said Williams, in addition to other fraud
ulent acts above stated, by himself and
deputies, threw out alarge number of bal
lots which had been cast and were in the
ballot boxes in favor of your relatOr on
the day of said election, and substituted
instead thereof others bearing the anne
of William c.. Smith.
THE RETURNS WERE FALsIFIED.
Your relator states that although sew
en- DAYS have elapsed since the
election the said Williams has pub
lished no official statement OF the
returns of said election, and there
fore your relator cannot state exactly
what the said Williams places the total
vote for said several candidates, but from
the statements of the returns proclaimed
on the 27th and 18th days of May, ultimO,
at the polls, were returned, the following
is the vote for the county for said office OF
Chancellor:
For William NJ. Smith-.------.-...2362
William
~ L . NaA HHH# $500
Your relatOr charges that the above is
not even a correct return of all the votes
actually east, and that, in fact, a true re-
port of the votes pOlled will show that
your relator has a large majority Of said
votes over the said VIM. NJ. Smith.
TECHNICAL FLAW.
Your reIator states further that no
votes whatever were cast for William
NJ. Smith as Chancellor" Ofthe Chan
eerv Court of Memphis, but that all votes
cast at said election, for said VIM. NJ.
Smith, were in the following words, For
Chancellor. VIM. NJ. Smith, y without
designating the Court or District to which
the persons casting said ballot intended
he should be elected, which votes your
relator insists eonnot be counted as Chan
cellor Of the Chancery Court Of Memphis.
COUNTRY JUDGES ARE NOTIFIED or THEGR
APPOINTMENT.
Your reIator further states that many, il
not all of the Judges selected by said Viii
liams, in the Districts in which elections
were not held, were moi notified of their
appointment in time for taking the oath
required by law, and that this was
also done corruptlys by the said
Williams with purpose and intent of pre-
venting election being held therein for
the purpose of, as your relalcr believes
AAlt4 ia AI1F BANHN AN@A-6 49,
CuALLENGERs DRIVEN FROM THE POLLS.
Your relator further charges that per-
sons who were acting as challes~ rs on
behalf of your relator and other eandi-
dates were, by threats, force and violence,
driven from the polls at the 18th Civil
District and in several OF the wards oil
the city of Memphis, and prevented from
challenging illegal voters, to the number,
as relator charges, of five hundred, who
voted for the said VIM. NJ. Smith.
DavTs CERTIFICATES II ONLY LEGAL
ONES.
Your relator further states and charges
that under and by virtue of the Franchise
act. passed by the General Assembly OF
the State Of Tennessee, passed on the 2SIh
of MAY, 1866, and April 3, 1867, his Excel
lencv w. G.. BrownlOw, then Governor OF
the State, appointed James ID. Davis as
Commissioner of Registration in and for
Shelby county, who, undo his appoint
ment. made a complete registration of all
the legal voters in said county amounting
to about eleven thousand, to whom he
issued certificates, and that he continued
in Office discharging its functions
and duties untiI abOut the 9th day Of De-
cember, 1867, when he was removed by
proclamation of the said Governor, and
Nj. T. Williamson was appointed in the
NLeItt ~ NOllLlASNlOllt VI NATURALIZATION W.
said county, who Qualified IND continued
to act and grant certificates until about
the 27th day of January, 1868, when he too
was removed by said Governor, and j. J.
Sears was by said Governor appointed
Commissioner of Registration for said
county, and who also qualified and granted
to the qualified voters of said county GER
tificates of registration until about the LIST
day of April, 1869, when he resigned his
- A. oTA FhE wDaarr Tng1rrn hnnf
was appointed III his stead to the said
office of Commissioner of Itegistra-
ton for the said county, who,
upon his appointment, entered upon the
duties of his office, and under whose APP
pOintment and direction the said election,
to-wit: on the 9th day Of May, 1869,
was held.
Your relator further states and charges
that on the 9th day of December, 1867,
the said VIM. G.. Brownlow, then Gov
ernor as aforesaid, declared the registra-
ton of voters made by the said proclama-
ton, set aside and made null and void,
and declaring that persons holding eertih-
Gates of registration as voters, issued by
the said James d. Davis, incompetent TO
vote thereon at any election in
the State of Tennessee, where
by your relator insists that be
he was prevented from receiving several
hundred legal votes OF persons who held
and presented the certificate OF
registration issued by said James
d.. Davis as Commissioner of Reg
istration as aforesaid to the Judges OF
Election at the several polls on b said
9th day of May. 1869, all of whom were
under the instructions of said Williams to
the Judges or said election, prohibited
from voting thereat, all of whom were IL
legally deprived Of the lawful exercise OF
- r. a.. n1AaHFvsa E-avn,Af-n
and who designed to vote for your relatoF
al said election for the Office OfChancellor.
Your refator charges that said Governor
had no power or authority under the Con-
stitution and laws of the State of Tennes-
see to remove either of said Commissions
ers of Registration, nor had any power to
declare void or TO set aside any registra-
ton of voters made by them, but, on the
contrary, his whole action thereon was
mage null and void, and your relator
insists that the pretended registration
of voters made, and certificates issued
by the said Williams, were wholly void
and of no effect, and that no person who
voted at said election on the 18th day of
Nav. 1869, was lawfully entitled 10 vote
thereat. unless such person had previous
lv obtained a certificate from the said
James ID. Davis, as COMMISSIONS of Reg
istration for the said county of Shelby.
AI0 your EEidlOI l1TllltE StdlcS dnu
charges that more than one thousand per-
sons, as your relator is informed and be-
lieves, voted at such election forsaid VIM.
NJ. Smith. who never had been registered
by or received any certificate of registra-
ton as such voter from the said Commits
sioner James .. Davis.
HE CLAIss THE
Relator therefore insists that he was
duly elected Chancellor of the Chancery
Court of Memphis at the said election by
tho qualified voters of shelby county, and
is lawfully entitled to said office; and in
tho event relater IS wrong in this he in
sists that the said
ELECTION IS VOID.
And a. YOUR relator is without remedy
save BY the action OF your Honor, being
the Chancellor Of the District adjoining
that in which the contest occurs, he prays
and asks permission to file this sworn
statement that the said Wm, NJ. Smith
and John p. caruthers be made parties
defendant to the same, that your Honor
make all necessary orders required by Law
in such cases. and that on final hearing Of
the matter and issue involved In this
statement your Honor viii declare and
determine the rights and interests of the
parties. candidates for the Office of Chan
eellOr. and the validity OF said election,
and should Yonr Honor determine that