Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1869-02-13
10. 1859.

| the following statements, and the con.
/ clasions at which / have arrived, after
| considering al the facts Ia the case:
From the returns In the Office of the
| Secretary o. State, It seems that, IN the
Fourth District, Sneafe received six
huEdrfd aid sixty-six votes more than
Tlllman. But, correcting the returns by
tbs law governing In such cssss, by
throwing oct the vote OF L'Leoln county,
as the eiection was held by Cfdsr Of the
County Court, and tie returns were
| made by the Coroner-the law requiring
elections 10 be held aud returns msde by
the Commissioner of Registration and
By throwi0g out the vote In the Civil
Dislric < OF ths counties of Coffee and
Marshall, Ia which II appears that the
judges Of eioc;iJn had not taken the
necessary oath, the vote for that District
would stand az follows: For Saesfe
1888, and for TillmsD, 1885; leaving
Tillman's majority 422. I therefore
award the certificate to Lewis 1illman.
The returns from the Eighth District
show that John w. LefsWieh received
6532 votes W. ]. Smith 5543 votes, snd
David A. Mum 1926 votes, giving Left
Wich $50 majority yer Smith.
1 utterly rePudtRte the vote Of Upton
county, as an exhibition of the most stu
pendous fraud perpetrsted In the State
during the late election. / also cast out
the vote of Fsyette county, rs held in
open violation Of the franchise law. Be-
sides these, a supplemental return by
the Commissioner of Registration for
Shelby county gives, for that county
alone, ga addition Of about 200 votes In
favor Of W. J. Smith over Lef5wich, all
Of which gives Smith a clear msjoTity
OF over G thousand above Leftwich. 1
therefore award the certificate Of election
to w. J. Smith.
II there had been no other law to be
regarded ia the issuarcs of commissions,
or certificates, to the members OF Con.
gress but the code, (sec. 1851 my duty
0 have been quite plain. But the
"acI to limit tins elective franchise"
has been since passed. It proposes q
great ehauge-I msy say revOlutiOn-in
our electise system. 1t announces that
q large portion of cur people have made
wal upcn the Government, and Rre IN
safe depositories Of the elective franchise.
1t provides, moreover, for 3 registration
OF voters, AID declares that 20 one is 4
legal VOTER QGlsss he shall have 5 eertifi-
cate or registration, and that cert;aests
must bs obtained in q legal Say. A
valid registration becomes Indispensable
to = valid else ion. W.th official infor-
nation before N thai the votes cast for
a candidate are Illegal and his cleo
ton void, and that the Ku K'ux Klaas
have used whence asd other means
% Intimidation to deter legal voters
from exercising the franchise, I cannot,
aud will not, certify that he is " regu.
larry elected according to tie laws Of the
State" Whatever olners may think If
my duty, I will not i clare, in s certii
cate, or Otherwise, thai the election was
regular ia >Ounties or districts, when l
officially know Ii was not regular.
In these COrclusions 1 am happily re-
lieved u mush responsibility, by the
fact that ny dsoision ia not conclusive.
The question Is stili open for the decision
OF CCggTCsa.
In testimony whereof I have signed
the foregoing in the Executive Depart
ment, aud sffix the great Sal Of the
State, this lltn day OF February, AID.
1863. W. q. BRowNLOw.