Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1869-02-23

saiu tnae such 3 return as this is M
reliable evidence that tbs person retnfns
as elected is the choice Of thu naomi,
/ The proof demonstrates it in this cas-,
Before man Gun claim his seat as Char
ceilor, the people under the cohsti
tuition being the appointing power
ne must show that the people hay
fairly and fully exercised that power, an,
If this does not fally appear the party re-
turned is not elected to the Office.
| 1--we should rest the case upon wha
appears in the Sumner election the proc
authorizes me to say that the defendant
Laucke has failed to show that the ap.
pointing power-the people, have in this
election falrly and fully exercised this
power. On theother hand this proof de-
monstrates that the people have been de
Prived OF this important and highly valid
aole night ;and, without pursuing the ar
gument farther, We maintain that. this
election was illegal and void, and that
chancellor Steele's decree setting it aside
should be sustained. 81 90
How vas this election held in the other
counties In Robertson, the Registrar
Featherston, did not advertise it at all.
it WAS not generally known. The Sheriff
Woodland, made arrangements to hold il
N some Of the precincts. He opened the
polls in Springfield, appointed the Judges
and clerks. and after seven or eight votes
were Polled, the Registrar stepped up and
continued the election for that precinct.
aP4norv~ ere nine iproc;rcfsl tvhrv. the
polls We're not opened. There were
three hundred and nine votes polled-
Barry's majority eighty-nine.. One
thousand and fifty registered voters in
the county-74l deprived of the opper-
tunity Of voting, more than sufficient to
have changed the result. 7-i %, -a'
InJackson county the Registrar Clark,
did not advertise the election, and it was
not generally known. The Sheriff held
the election-there was no election held
In five Of the precincts-the' vote cast
was 233 for Barry, 222 for Lauck-l,O2
registered vOters-572 deprived Of the
opportunity Of voting, sufficient to have
changed the result.
In Macon county the Registrar did not
advertise the election-the Sheriff at
tempted to hold 1.-THE Registrar super
seeded him, and failed to hold the election
IN three Of the precincts. Rad.
In Stewart county the Registrar did not
advertise the election. There was contest
between True and Shrewsbury as to
who the Registrar,,was. This contest
continued up to the day before the cleo
ton. The citizens repeatedly applied to
them for the appointment of judges,
which failure was caused by the contest
between them, and thus three precincts
Of the county were deprived from the OPP
portunity CT voting. -.f-..-.-
In Montgomery county no election was
held ia ten Of the civil districts. 1t was
held at Cobb's mill, instead of Robb's
shop-the place of voting-and some
thirty persons were deprived of voting
for Barry in consequence. Neither Reg
iStrar or his deputy attended at precinct
No. Z. Three Radicals opened the polls
and held the election, which gave Laucke
3 majority Of 10, which was adopted as
. part Of the return-registered voters
23S0-vOtes pOlled, Laucke 743, Barry
296. There were 1871 voters deprived
Of the right of voting. The whole result
shows that there were forty-seyen pre-
cincts out Of ninety>one, in which the
people were deprived either Of the
right Of voting, or having their
votes counted-that there ara 1921
voters, and the votes re-
1856. The proof shows that
hall 81 r., pa.1.n
lincts. and the Conservative precincts
we're deprived of voting, or OF having
their votes counted. Can such an cleo
lion give any reliable assurance that the
party returned is the choice Of the dis
Lrict Can it show that the people, the
appointing power, have fairly and fully |
exercised their power ? Instead Of the |
proof showing the fair exercise Of that |
bower, it is apparent, from fraud, ignor-
ace or negligence, (and it is not material
which, they have, in this pretended cleo
ion, been deprived Of this highly valued
light.
AS to the commission issued by the |
Governor on the Sth day of April, 1868, |
.en days after the election, | would |
merely remark that this paper was issued |
n violation Of law-it is imperative and |
Toid. By the Code no commission shall |
ssue until twenty days after the cleo
ion, at the expiration OF which time the |
Governor and Secretary shall compare
he votes, and the Governor shall then
commission the party having the major
ty. This contest was commenced and
,o.,4;o, 6IoJ Loc,ra tba TbancaIIor On tba
3D. of April, 1868. The Governor and
Secretary Ct State were notified Of this
contest; returns Of this election were not
lied with the Secretary at the time Of the |
ISSUANCE of the commission-it follows |
hat it is void and imperative.
In England the judges are APP
pointed by the crown, who hold their
,ffces for life or during good behavior. |
There they are independent of the APP |
pointing power, and unawed by party |
,lamor or by popular passion, whose
waves beat, but yet break, upon the
bench, perverting in no degree the even
current of justice. Although we have
/ Just prejudice, founded upon our repub-
ican habits and form of government,
against such tenure Of Office, yet we must |
,oncede that there has been no bench, for
he last two hundred years, that has ex.
libited more talent and virtue, and there |
S no country in the world where life and
have been more firmly main
aimed and protected. When our fathers
emerged from the revolution, they gave
he appointing power to the President,
With the assent Of the Senate; yet to
his day the judges hold their Oficss du-
ing life or good behaviour, and it must
De conceded that that bench, from the
existence of our government, has exhib-
ted talent and virtue equal to that of
he English bench. BY the constitution
# 1896 of Tennessee, the appointing
,ower of the judges was given to the
legislature, retaining the ancient tenure
or life or during good behaviour. In
S34 Tennessee amended the eOnstitu-
ion by vesting the appointing power of
he judges in the people, fixing the tenure
# office for eight years, with the prlvll-
ge of reelection, which met with the
General approval of those believing in
he fundamental principle that all power
ests in the people; but all feel that it is
matter Of vast Importance that that
,ower should be guarded and protected
t should in all elections be exercised
airly and fully, and hence the elective
franchise is the greatest and most impOr-
ant political right the people have
2 shOuld never be prOstituted to base