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


the lawful voters of the corporation being dis
tnctly warned that they would not be permit
ted TO vote. The corporate authorities, during
these proceedings, made application 70 Gen
George II. Thomas, who. held command over
the military forces who thus held possession on
the voting precints for permission to hold the
( corporation election at other places; but they
| were distinctly informed by aim that tney
I would not be permitted 10 hold any election
! at any place; and the military force beng TOO
| Creaftoresist said authorities were compelled
| TO desist from any such attempt.
! For n hptter Il nd Outstanding OF the merits OIL
! the case. IL is necessary to state the pretexts
| under which this resort to unlawful armed
| Violence is sought to be justlhed. The ninth
/ seefiou Of the schedule to the amendments
| Nronosed 10 The Constitution of Tennessee in
ise5 proyides that ''the qualifications Of VOTERS
| and the Limitation OF the elective franchise
may be determines ny Sne LegisIaeure wnich
/ stituitoO - The Legislature which did so first
assemble under color of this authority, passed
an act on the 5th day of June, 1865, prescribing
| the qualification Of voters and limiting the
elective franchise, comforting said fran
| chise upon such persons as should appear to
| have the necessary qualifications. The act
also provided a tribunal to adjudicate and
settle the rights of such citizens as should
appear TO possess the qualifications required
and to each of the persons who presented
themselves, and whose claims were so adjHdi-
issued certificate, as the said law directed
rs an evidence conclusive in favor OF his right
so ascertained. Under this law very many
probably majority, of the citizens of the cor
p9ratiOn otherwise qualified to vote obtained
an adjudication oftheirrig hts, and a certificate
hereunder, emitting them to vote. Butafter
this, on the 81 of May, 1856, the same LcgislR-
ture at another session, passed another law
on the same subject, by which it second time
assumed 10 determine the qualifications OF
voters and limitation of the elective frau
! chise." By this later act, the Legislature un-
| dertook TO disfranchise all OF our citizens
whose right had been settled Is before
shown under the first act, and TO declare void
| the certificates which evidenced the former adj
Publication of that right. COmplainants are
| advised that the Legislature had no power in
this matter, to deprive our citizens of the cleo
| tive franchise or of the evidence OF their
right TO exercise it. But SO it was, under this
second act a large proportion of the other
wise qualified voters of the corporation again
went before the new tribunal provided bY the
second act and obtained favorable adiudi-
cation of their right TO vote, and were fur
nished, as the act directed. with certificates of
that fact COmplainants cannot tell how many
of the citizens OF their corpora ion were regis
tered and obtained their certificates under the
two acts before spoken Of rs many were regis-
tered under both registrations, probably a
majority of the otherwise qualified voters
under each; and certainly under one or the
other 4 very large m aiority Of the white male
inhabitants Of Nashville over 81 years of age
had obtained Il favorable adjudication of their
rights ana their cCfIltcabS,S OF registration.
But ON the Sth of March. 1867, the same Legis-
lature passed, in a very irregular ii not uncOn-
stitutiOnal mauEer, an act entitled An Act
to amend section 2ll4, article = chapter f. of
the Code Of Tennessee, ana for other puIDO-
ses" The I'd section of said act is in the fol-
lowing words THAT the registration in the
county of Davidson heretofore had under the
Franchise Act OF NAV 3, 1866 be and is hereby
declared null and void; and no person shall
be entitled toy vote by virtue of any Certificate
issued under such registration" ComplainantS'
corporation being situated in the said county
of Davidson, this act assumed TO diSfranchise
a second time all its people, which com plain
ants are advised could not be done by the Leg
slature even under the best considered forms
of legislation, a. has since been July adjudi-
Gated by the Supreme Court Of the State; and
that even If this had been otherwise, the act
last above quoted would be utterly void for
several other reasons each sufficient in itself
Com plainan's would here say. that this pre-
tended act Of dis ranehisemeDt was procured
to be passed by I number of persons. with
whom some at least Of the defendants were
combined. for the purpose Of getting the
franchises and revenues Of the corporation Of
Nashville into their own hands, and toto the
hands Of the cons iratOrs who held the pre-
tended election under the protection OF bayo
nets on tho last saturday i'm September, 1861
above and hereinafter spoken of. and com
plaiuants expressly charge that A. e Alden
who mas STAGE claimed TO have been chosen
Mayor at said election, and the persons
claiming to have been at the same time elected
with him Aldermen and COunCiimcn, were
parties 10 said conspiracy.
But acne OF the above mentioned acts of
the General Assembly Of the state OF renuss.
see contain any prov lsiOn which has ever been
construed 10y any one TO change or effect the
provision of the charter OF the city of Nash
vile, which cOnfeTs uDOn 1.-The existing Board
OF Aldermen the appointment of the Judges
90 hold the animal municipal election. The
only act passed before the time here referred
10, any provision Ofwhich has been construed
to have that effect Was passed on the 18th of
February, 1867, few days before the passage
Of the act last above quoted The provision
relied on rs having this effect is the cone nj.
ing clause Of the SAID act which is entitled
AN Act TO alter and amend an act passed
Nay B. 1866" and reads as follows The
Judges and clerks Of all elections shall here
amer be selected and appointed by the Commits
siOner Of Registration, in each county, mthe
same manner, and governed by the same
rules and laws heretofore provided by
law, comforting the said selection and
appointment by Sherins." The whole
Of She next prCce ing section Of the act refers
evidently to State and county officers; and the
preceding part OF the 10Th section, of which
the above is the concluding clause, refers 20
county elections and officers; and the language
of the clause in question cannot apply in any
of its provisions or details, to elections where
the county authorities have had no control
whatever. In stricmcss, the language only
cOnfers upon the Commits iOner such power OF
| appointing judges of election rs the laws be
| fore in force conferred upon Sheriffs, which
was Code 9S42) to fill vacancies with the adj
vice of three justices or fTeehOl leTs. This in
depreciation hivlng been publicly given to
the clause by eminent lawyers, the then Gov
ernOr of Tennessee in the summer Of the year
1867, issued his proclamation, in which he as
sumed the authority to declare the meaning
of the act in tho following language Now
therefore, ], VIM. q. BrOwnlOw, Governor Of
the State of Tennessee, by virtue of the au-
thUrIty conferred upon me. and IN the dis
charge Of the duties imposed upon me by law,
do hereby give notice, that the franchise law
| was clearly and unQuc>tinnably framed rs
to take the appointments Of judges and clerks
| of elections from the County Courts and Sher-
ifs, giving the same to the Commissioner OF
| Registration" 1t no doubt required some
thing more than what she Legislature had said
1 in the act to make II so; and the Legislature
| elected under this gubernatorial proclamation
i deemed 1t necessary to change the language
| But however this may be, 1t was evidently not
| in the mindOr intention Of the Legislature to
/ make any provision IN THIS case covering the
| manner Of appointing judges OF municipal
| elections. The same Legislature at the same
| session. passed an act incorporating the toWu
of Chattanooga 10y the l4th section OF which
| the power to appoint judges OF election, Is con
l fcrred on the Mayor. Another act at the same
/ session conferred the appointment Ofjudges to
| hold the municipal election in the town Of
| Bartlett, upon the Sheriff Of Shelby county.
| And it is well understood that the Off
| GERS to hold municipal elections had, As a
| rule almost II not quite universal in
| Tennessee. been appointed under pro
| visions Of the various special charters. and
| not under general laws. Therefore, the May
| or, Aldermen and Common Council, which the
| compliments lad elected believed and
| claimed that the power still remained with
1 the existing Board of Aldermen" to appoint
| judges: and said Board, in pursuance of its
| duty, appointed them; and notice WAS given,
a. before related, OF the time and places Of
holding the regular annual charter election
that Is, on the nth Of September 1861 at the
usual or appointed voting precincts IN the va
| rlOus wards. But, rs before stated. the then
| Commissioner of Registration, one i. J. Sheri-
dan. claiming the power TO appoint the officers
| TO hold our corporation election under the pro-
| vision OF the franchise law above quoted, APP
| pointed other persons not named for the pur-
| pose by said Board Of Aldermen; and gave
| notice that his said appOintees should hold the
| said charter election, ana that too, at the iimc
and IN the very place advertised hy HE city
! authOril les.
| CONTINUED IO-NOEBOW.l