Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1869-12-01

Let those who choose retire to snooze
When the ducks and chickens are going,
And rub their eyes when forced TO rise
Al chanticleers dismal growing;
They lose the sight of the gorgeous night,
And spend their days in yawDing-
TIN midnight damp III burn the amp,
And lie abed in the morning.
10 the Honorable Edward NJ. East,
Chancellor of the Thirteenth
ChRnccry Division Of the State of
Tennessee, N folding Court aI NASH
willie:
The BIN OF Complaint of the Mayor and City
Council of Nashville, a corporation created
by act of the Legislature OF Tennessee; and
OF Il. y. Morris, James A. steele, John Cur
rin, W. II. Perry, John Doyle, Joseph Am
hrose John Wilson, A. J. Smith, J. NJ. Rect,
Bradford NichOl, Il. 5. Patterson, John uerri-
ford, James NJ. Hinton, ID. F. Carter, T. D.
fItc, George W. Smith, G. q. Cabler, William
DewS, VIM. Litrercr, A II. Hurley, James
Gennett. A. A. Hite, Hugh Carroll, Z. H.
Knowles, G. W. Sweeney, l. II. Buddeke, b.
Il. MAnlove, Christian Kreig, VIM. Simmons,
John HallOran and George Moore, as citizens,
property. holders and cOrpOratOrs of said cor
2oration, aHEs
}. G. Fisher, N. y. Love, John Beaslcy. +. IT.
Noel. II. Campbell, John Taylor. Jesse Jezdan
II. +. Earhart q. s. Newsom, +. f. Fisher, e.
ID. Fisher, r. OtteTville. A. a. Hail. Elizabeth
Plummer, Of Davidson county, and others,
corporation Of Nashville, 20 called) signed
by ". Mills, Recorder. ami by A. E. Alden.
Mayor, or W. {. Kinney. Mayor pro tenn, and
all persons having OF claiming to have judg-
ments obtained ON such checks; and all per-
sons holding coupons or Understanding
bOndspf the city of Nashville. signed by A.
E. iAlden, as Mayor, and w. Mills, Recorder,
on the coupons Of such bonds.
- Your orators bring this their Bin of Com
plant, and say that the town of Nashville WAS
first established 10y the State OF North Carolina,
l1nlRr the following pIrprafo
the evident desire and purpose of the sovereign
authority OF said State to promote the public
INTERESTS and welfare OF the commonwealth
by encouraging the settlement OF its western
territory, the General Assembly thereof IN the
year fis4, passed an act providing for the Law
ing out OF town upon portion of its public
lands. now embraced within the corporate linn
its Of the city of Nashville. Certain trustees
or directors were appointed by aid act, whose
duty IL was made To lay OF two hundred acres
OF land into lots of one acre each, with conyen-
lent streets, Lanes and alleys, Teserving four
acres for public buildings, ION which lands so
laid on, - the act provides, f" Is hereby COnsti-
q tated, erected and established a town, and
shall be called and known by the name Of
NAsHyfLLE.' Provision was made 10y the said
act for the sale of said lots for the consideia
ton each Of four pounds specie, and the further
consideration that the purchaser should erect
building on such lot, according TO certain re
qu,remcnts Of said act Provision was further
mate Tor the temporary government OF said
town, and the care and custody of its public
funds until 4 should thereafter be incoIpora-
5fte'L And in pursuance OF said act said land
was laid OF and sold to various purchasers
complying with the stipulatiOns OF the grant
10 made; and the said town was erected.
Various legislative acts were afterwards
passed 10y the Stdte Of Tennessee for the fur
Their promotion Of the growth Of said town of
Nashville; and in the year 1896 the same was
formally Incorporated by act of 18th of Sep
tenbeT Of that yen. The latter act provides
q that the town oftSaShyille, in the county OF
Davidson, and the Inhabitants thereof. are
hereby COn~tItuteda body polite and corpO-
rate, by the name Of the Mayor and Aldermen
OF the town Of NASHVILLE, and shall have per
petual succession" sc. sand act further pro
yides for tie annual election OF the Mayor and
Aldermen " by the citizens Of said town. and
such rs possess real property within the
same" Various amendments and alterations
OF the charter were made from time TO time hV
the Legislature OF Tennessee, not impairiug
but In iurthcrance of these fundamental pro
visions, and were accepted 10y the corporation
At length, in the year 1873, the Legislature
passed d" an act to reduce the several acts in
cooperating the town Of Nashville to one act
and 10 amend the same" The eleventh sec
ton Of said act provides that all acts and
parts Of acts contrary 10, and inconsistent
with, the prov Of this act, or within the
purNlcW thereof, are hereby repealed" The
sth section of the same act provides :" that the
General Assembly may ut any time alter,
amend, orrepcal this charter, and the same is
hereby declared TO bG a public law, and may
he read IN evidence in all courts without
proof, or special pleading. And again, by the
81 section ot an act passed Feb. ., 1859, il Is
provided that the Sth section, f" being the last
above quoted, of the act entitled An act to
reduce the several acts Incorporating the
town OF Nashville to one act, and TO amend
the same,' he and the same is hereby repealed
The Legislature, at that time. seemed 30 recOg-
nize the obligation implied in the origin
al grant to the purchasers Of the lands
whereOn the town was built, that a charter Of
incorporation should be granted in due time
10 the inhabitants, SO framed Is 20 protect their
rights of property, as well Is Of person, and
tSDtsrIAllE their rights OF property m the town
lots las such conveyed by said grant: and II
doubtless had in view the further fact that Un-
der the former various acts the inhabitants OF
Nashville. in their corporate capacity, had &C
quired real estate Of great value for various
corporation purposes, As for the erection OF
waterWoTks. engine houses for its Fire Depart
ment "A Work house, a cemetery, Wharvcs, and
for other purposes; and that they had, in theiI
capacity A. corporation, expended still
larger sums in the erection OF buildings and
the making and extending OF various improve
mchtS n connection with such properties; and
that they had further in their corporate ca
puCIty, and by The same authority, and for the
consideration OF the general benefit of The
state lmoving the Legislature TO grant such
authoriSf) invested halfa million of dollars IN
the stock OF the Nashville and Chat tanOOEi
Railroad Company, for which they had incur
red debt Of like amount; and that by like
authority they had incurred other large debts
Tor the payment Of which the individual
property, and especially the real estate, within
the city, of each of the inhabitants was liable
And the public Improvements before men
toned and public debts had become so inter
woven with the private rights Of property o
the inhabitants aS to be insparable therClrOm
And Il was doubtless the intention Ofthe Leg
stature by the provision Of the act Of is
above quoted. to relIEquIsh 10 said luhabItant
As a corporation, all reservation Of right, %
any was intended,) in the sth section Of the &C
of lSl~ to 50 alter or amend their charter aS u
impair the rights vested m the COrpOratOr
hereunder: on &c repeal the same. VIII ch coult
not be done without consequences rulnOuS 9,
such rights. The necessity of a charter con.
I,.rring upon thc Inhabitants so incorporated
power Of self government, the taxation O
tReiT own property, and the control Of thei
own police, H. expressly recognized in the mrs
act Of Incorporation. which is prenNcd VIII
The following preamble:
Whereas " Il found, by experience. tina
the good order health, peace and safety O
growing towns cannot be preserved, nor tn
owls and accidents TO which they are subJeCtct
a>uldcd ur rcmedjed, without an internal pow
yT competent To establish police, ana rcEula
flpu- fitted % their pal ocular Circumstance,
want. and rN g,ueies; therefore" etc.
And 10y each of the acts OF Incorporation
" the IEhlNItIut~' of the town are lnCOrpord
ted. ~ the first, and until the year 1856, tn,
corporate uuws Wa 90 the Mayor and Alder
mems but hy act passed n the last name,
year Lhc corporate name was changed 10 "Th
MsKDF and tlty Council of Nashville e" Tn
corporation. however has at all times cons ste
Of the inhabitants OF the town or city, ant b
implication Of owners of real estate therein.
In the earlier days of the corporation Ia
cnrpuratOrs were empowered by their ChartC
10 elect annually a Mayor and Aldermen g.
fbr charter oI1sIs the Mayor was TO pres Idle
The meetings OF the Board Of Aldermen; an
the MaNur and Aldermen cole, lively were 10
law called the CITY Council But by AN "a,
PASSED Feb. IL. ISIS the charter was fIithc
changed. with the lUll aCqulcSCenCe OF sal
.arpDlHtiuu. So as % provide for Board Oh
,lprmcn and "a Board called the Common tuuI
ril and the two Boards, in their Joint
uuritv" SAYS the act ARE tenumIuatfd tt
tly Council" sand act provides that n
Mayor, Aldermen and Common Council sha
be elected by the qualified voters Of SAL
gitv''-that every white male of the age
tWeuty-oue yeaRS and upwards, being CutItl,
ia vote hI the laws ol thl- state who ~ha
nave res Ided within the city SIN months me-
preceding the election at which he may of,
ioyufr shall be- entitled 90 vote, bui only
The ward where he resides. Non res dCn
owning a freehold in ~aId city, beng qualiut
Ia vote Tor members OF the General Ascend
of the State Of Tennc sSee, shall be entitled
Nltc 30 the ward where their freehold Is stu
TED % further provides that Judges
election Ter each ward shall be appointed !
the existing Board Of Aldermen, who sha
take am oath to faithfully and impartial
ilsthargp their duties T The said act iurth
provide that No person shall bc-eliglble
either the onicc OF Alderman or COunCima
unless he hp aCltiEru Of the state of Tennessee
"A IpuI MI, citizen of the clty and a freehold
IA the ward Tor which he Is elected ARy 4
dsJalUa ur t,H,hsf wf f'r common Council, a.
y.I Tie sf,gffn. f.Ha.I. Prom. or cas- ilg 10 B0
..ss u lrg,ipif ,yt.Ir sH hla ,..y0E. shall tisr,l
rFr4ff his srsj uT.,' And the said act tn
rhrr provides that " No person shall he cIigib
10 the Office of Mayor Who is not a citizen
The state OF Tennessee, and who haSnot been
citizen Of Nashville at least two YEAR, Imm
diatcly preceding his election, and the posse
ION of a freehold estate ia said city of ~ Ef.
~, rain. or Fg, hundred i0lgrs. NhuUHI he
.aV Isat, ufttI hlN asott'H ruaore hsUoHd c
g.ntn. u. .sGsr % Zee sah uAu'd,g iH su
.g,y uE SNAIL TiIEHFUN NACATE ms SAID uFtTcR
Uudtr the provisions above quoted, Mayt
AID Boards of Aldermen and JuuucIlmpu We
b elected for said corporation ON the last SHtu
uay in September, 1876, which Il the time lN
by'thn - after for such cleo ion. The chart
provides that the persons elected shall ser'
Ion ono wear aud until thoirsucce -~ors shah
elected and gual Itcd. The e ircTa held The
Ila-g- and discharged their duties until 8
beginning of October 1851, when they we
expelled from their Offices by unlawful VI
ltncp under the following circumstances: