Public ledger. [volume] (Memphis, Tenn.) 1865-1893, 1870-01-11
rHn INJUNCTION.


bill Of Injunction served yesterday to re-
strain Mr.. John Johnson from entering
the Office of Mayor, Mr.. johnson denies
that be is Ineligible and cannot take the
seat. 10 answer to special interrogatories
he says:
First-In answer to the first specific
interrogatory, respondent says that be
was bern in the county OF Antrim, in Ire
land, on the 9th day of September, 1926,
Second-In answer to the second spe-
cifc interrogatory, he says that he emf
grated TO the United States, with his
father, in July, 1888, when he was nearly
twelve years Of age. He frat landed at
Montreal, in Canada. and proceeded from
thence to the city ~ Pittsburg, in Penn
sylvania, in July, 1893, and from thence
he went with his father to Columbisna
county, in the State of Ohio, where he
resided until l847, when, in the autumn
of that year, he removed 10 the city of
Memphis, where he has since continu-
ously resided.
Third--In answer to the third specific
interrogatory, he answers that his father
was native Of Ireland; that he did emf
CRATE to the United States 10 July, 1888,
ct the time sHd in the manner stated in
the foregoing answer, bringing with him
this respondent as before stated. Re.
spondent's father, Thomas johnson, did
become a naturalzed citizen of the said
United States on the I'd of Septic mber,
l843, az will appear by the certificate OF
the Court of Common Pleas of the county
of Columbiana, and State of Ohio, here
with filed as exhibit "a" to this answer.
Fourth-In answer 10 the fourth spe-
cific interrogatory, respondent says that
be has become naturalized citizen OF
the United States by force and virtue of
the 4th section OF the act of Congress of
1902 (passed l4th of April, 1902, which
provides, among other things, that the
children of persons duly naturalized I'M
der any of the laws of the United States,
being under the age of twenty-one years
at the time of their parents being no nat
uralized, shall, If dwelling in the United
States, beconsidered as citizens of the
United States, and by virtue of other
statutes and laws of the United States"
Respondent says that his father was q
free white man, who was nsturalzed at
the time and place above stated, when
the respondent was about seventeen years
of age, and when the respondent was
dwelling with his father in the United
States, and by this means be became by
the express provisions of law natural
ised citizen of the United States, and en-.
titled to all the rights and privileges of
citizenship without any act on hia part
whatever Respondent having become
citizen in the manner above stated, has
not, of course, any written evidence OF
such citizenship.
Fifth-In answer to the fifth specific
interrogstory, respondent says that du'
ring the late civil war his sympsthies
and interests were all enlisted on behalf
of the Southern people, with whom he
had resided for many years aud to whom
he was sincerely attached by many sacred
ties and memories, and when thu city OF
Memphis was invaded and captured by
the United States military forces on the
9Th of June, 1862, he felt compelled to
remain ct his home in Memphis, and not
to 90 into the Southern lines, but he re-
tanned and cherished in his heart all of
his sympathies for his people, and fer
vent hopes for the success of the South
eru cause After the capture OF the city
of Memphis the military authorities in
command Of the United States forces be-
gan to publish orders requiring the
people of Memphis, under threatened
peualties, to take oaths of alle-
glance to the United States, and
finally, undor such orders, said authori-
ties undertook to organize military
force in Memphis, composed of the citi
zeus, called the Memphis Militia" ard
in the enrolment of men in said military
force certain other oaths were exacted
of the said militia. These oaths, as pre-
scribed by said authorities, we're very
stringent, pledging allegiance to the
United States, renouncing all allegiance
and sympathy to and for the Confeder-
ate States, and were in very many re-
speots very obnoxious to the people OF
the South who sympathized with the
Confederate cause. The respondent,
under these circumstances, being unable
to leave Memphis, and feeling just
and unconquerable repuguance to the
taking of said oaths and to enliSting in
any military force which was arrsyed
against the Southern armies, he, after
due consideration and with much reluc.
lance. instead of swearing falsely in COM
plying with said military orders,
made an affidavit before Hume
f. Hill, a United States Commits
sioner, on 29h May, 1868, IA true copy of
which is filed as exhibit b Ito this answer,
upon which, after many delays and by
outside Influences, he procured from the
Consul of Great Britain, then residing
at ST. Louis, papers protecting him as a
subject of Great Britain, with which he
sought TO exempt himself from military
service ard from the order requiring the
taking of said odions oaths. Respon.
dent states that The CONSUL who issued
said papers acted upon the doctrine OF
the Government Of Great Britain, which
holds its citizens to perpetual allegiance,
and adopts the maxim, once q citlzeH
always o citizen" and on this account
and by other influences these papers
were granted without requiring the usual
prerequisites in such cases. Respondent
| files the exhibit "B" as the evidence
upon which be procured said papers, and
states thst the papers thus obtained
have been lost or mislaid so that
he cannot fnd the same. He further
saws that while this act may not be sus-
ceptible of being justified upon moral
grounds, yet he claims that the state
meuts m ade in said affidavit are true in
substance, and bis conscience is satisfied
with the reflection that if by this act he
was guilty of any moral wrong (which he
does not admit, his alternative under
the circumstances of duress with which
he was surrounded, would have been in