Public ledger. [volume] (Memphis, Tenn.) 1865-1893, 1869-07-01
DECISION OF CHANCELLORs SMITH
ON THE POWER OF THE COVER
NOR TO REMOVE COMMISSION
ERs OF REGISTRATION.

DECISION OF CHANCELLOR SMITH
ON THE POWER OF THE COVER
NOR TO REMOVE COMMISSION
ERs OF REGISTRATION.
The decision of Chancellor Smith Of
this district yesterday, deciding that the
Governor had no power to remove Com
missioners of Registration, is in exact &C
cordance with the programme expressed
several months ago by the organs of the
Stokes party. We were not surprised
then at hearing the Chancellor had made
his decision granting the injunction to
Williams restraining Boughner from ex-
ercising the duties of Commissioners OF
Registration in this county.
1t was never doubted by the Radical
party before that the act of the Legisla-
ture empowering the Governor to remove
Registrar was constitutional. And, in
fact, Governor Brownlow assumed the
authority of doing this very thing before
the law was passed, and the Legislature
thought it best, knowing the 6overnor
had no authority of law for doing so, to
legalise his act, and passed law to that
effect No, the Radical party passed
this law making the Governor COM
plete autocrat, and when they find this
very law reaeting upon the heads Of
their own partisans, they say it is uncon-
stitutionsl.
When il is the interest of Governor
Brownlow and Col. Stokes to remove
Commissioners of Registration and de-
clare the elections of thirteen counties
in the State illegal, it is done, and nothing
is said about the law being uncenstitu-
tional, and Brownlow is elected Cover
nor. And by the exercise of this extra
ordinary power Stokes now holds his
position in Congress, which Brownlow
declares was secured to him by his
(Brownlow's) throwing out certain pre-
cincts in Stokes district, which left him
elected by small majority; otherwise
the Bald HagIe of the Mountains would
have worn his eoon-skin cap at
home. The reasons given by Chan
cellor Smith for sustaining this fell
low, Williams, in the Office of Registrar,
are these: LIST. Under our Constitution
and laws the Governor has no power to
remove civil officers, but that power is
vested in the courts. I'd. The act of
February, 1868, authorizing the Gov
ernor to remove a Commissioner of Reg.
istration, confers on the Executive su-
thority to perform judicial act which is
inconsistent and void. ID. The regis.
tration system being part of the fran.
chise system, could only be regulated by
the first General Assembly after the
amended Constitution of 1865, and the
acts of the second General Assembly on
the subject were null and void, being
legislative acts only. These are the
three main points in the decision OF this
political Judge, elected under that very
system which he now declares to be in
violation of the Constitution. Oh, most
righteous Judge second Daniel raised
up in these DISTINGUISHING days to keep
himself and psrtisans in Office What a
willing tool could be made of you by q
despot. What Jeffreys you could be
made, turned loose to pass judgment
upon your enemies.
The reward for corrupt aud vile polit
icsl judges who value not their oaths d
farthings worth will some day be I'D
judged by this people to Chancellor
Smith as being beyond all others of hi
class most villainously partisan in tbs
exercise of the duties Of his Office
1t is not worth the while OF lawyers and
editors to discuss the law, since nothing
will be regarded as such unless it should
be to the interest of the Stokes party
The judgment Of the Chancellor yester
day sets at rest for the present all dis
pute on the points that are as clear al
the beams of the MONDAY sun, and BIZ
decision is in the face Of these.
This people will content themselves il
peace until time, which is not far of
shall arrive when the acts Of all are to b.
made known before the terrible tribuna
of public opinion.