Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1873-10-25
GRUMPY COUNTY.

1
: About the Removal of the Ceunt,
seat-Col. Colyar I'm Reply 10 tn,
McNinnvilIe New Era. & lEFsT
To the Union and American;
NASHVILLE, Oct. "a, lS73.-You copy
In your paper of to-day, from the Nc.
! Minnville Neso Era, an article on what YOU
J style 'the recent troubles in Grundy coup.
ty," in which pretty free use of my name
is made. have reason to believe you cop
led this article without knowing the false.
hoods contained in it, and therefore thi:
communication to your paper. The cor.
rection in the paper which originated the
statements is matter Of no consequence,
unless it shall turn out that the editor OF
that paper was himself imposed upon by
some one Of the parties implicated In The
recent outrage In Grundy county, In which
event he will of course, make the correction.
To make my answer Ineligible l quote
as follows from the article alluded to: ga
ain September there was an election held
In Grundy for the purpose of testing
whether the county site should be removed
from Altsmont to Tracy City, and after a
heated CANVASS, it was declared on the first
Monday in October, at the Quarterly
County Court, upon the sworn statement
of the clerks ard judges of the election, sup
ported by the election returns, that mo re-
rlopdp carried the election BY two msior-
| ity, and SO announced by the sheriff of the
county at the court house door, which left
Altamont TO remain as the county site.
Some hours after this official announce
n1ent had been made, ana considerable bus
ineSs transacted by the Court, and several
l mo Of h I,11 ToT1
Col. A. S. Colyar with his Tracy City party,
arrived at Altamont, went to work, and by
manipulation and resignation of some Of
the Justices, the Tracy City party succeeded
In prevailing upon the remnant of The Court
10 rescind their former announcement that
Altamont was the county site by election,
and declaring that Tracy City was the
county SITE" @ ~ -ls So sss.g9 ~
The italics are mine. y,--5. SID E.
The facts are that when the Quarterly
Court met, was present and did not arrive
after any thing had been done. | was pres.
ent in the court room when the vote was
counted. l did not prevail on the remnant
of the court to rescind any announcement
they had made, for the court had made no
announcement. rH i
The chairman of the County Court, I'M
der the impression that the court had moth
ing to do with counting the votes upon
opening the returns, caused proclamation to
be made OF what the returns showed as he
understood them, which, as he counted the
vote, was 44S for removal and 226 against
removal; but other members of the court,
as well IS myself, called his attention to |
certain mistakes made, and that under the |
act OF Assembly IL was the business |
of the Quarterly Court, and not the chair |
man, to count the vote and announce the |
result.
The chairman at once saw bis |
mistake and himself suggested that |
the court count the vote and hear the facts, |
and the court being full one with only one |
dissenting voice, declared the vote to be for |
removal to Tracy city, AS, against it, 222,
making 4 votes more than two thirds ma
jority OF the whole vote cast, when the law |
is that, it shall only tske two-thirds MAORI
ty, making the last preceding Governors
election the test. Now, at the last Cover
nor's election, there were not 44S votes
polled. 1t is true there were few justices
of the peace who had left the bench before
the final vote was taken, but they were per.
suaded to leave the bench and go out of
town by most nefarious attempt on the
part of the lawyer, j NJ. Bouldin, to defeat
any action of the County Court on the vote
Of the people, by reducing the court below
q quorum. This nefarious scheme having
failed, there being II justices on the bench
Of course the final vote was taken after
several members of the court had left for
bone" But the result was known before
hey left, and 1t was the actual knowledge
Of the result which prompted Bouldin to
make the attempt to interrupt the stream
Of justice by disorgsnizing the court.
l have written these facts, knowing what
am writing about, and knowing that Mr..
Bouldin can indict me for libel If they are
not true.
When Bouldin frsti publicly asked the
members of the court to leave the bench, it
vas pretended that some other cause ex-
sted, but everybody understood the real
motive; and am prepared to show, when
,ver it becomes necessary, that he persuaded
hem to leave town go there could be
10 quorum when the final vote was
aken--he believing it took fewer Justices |
o defeAt quorum than to defeat the meas.
Ire, which was simply under the act of ;
Assembly to make the necessary orders for .
emoval. The article which you copy fur
her asserts in substance, that under the
Code allowing the lawyers, when there Is no
Judge to hold the court, to elect one, B. j. |
Hill was elected Judge, and proceeded to !,
lold the court and try causes and adjourned I
o special term in January, aud that a 1
DR.. Metcalf, commissioned by the Governor ,
o hold the court stopped, or was stopped at
Tracy City, being commissioned only to i
ry such causes as Marks was Incompetent :
D; and that the excellent Chancellor Marks {
will indorse the court organized in opposi-
70 h. nr~-o-n0r1a into md hat
learning the facts, was SO outraged G
bat / mustred posse OF some r
hirty men, armed and equipped them and 4
ent them to Altamont, and that this was /
Il done in disregard of certiorari and su- t
ersedeas restraining the removal Of the i
ounty seat. q
The facts are that the County Court !
aviDg declared the county seat removed, '
,ewis Metcaf being commissioned by the h
Governor to hold the court (not simply to I
" the causes in which Marks was incom- n
etenr went to Tracy City on Tues lay, {
Wednesday being the first day or the court, b
nd Immediately TUESDAY wrote note to c
anders to come oyer and bring his books.
had previously notified Sanders that l had
letter from Chancellor Marks saying the
ew Chancellor would come to Tracy
lily. Sanders, not being much of a law 8
er and having bad advice, wrote to the \
chancellor, saying in substances that he s
nd Bouldin had obta ined certiOrari to I
Ike up the case from the County Court c
nd nobody could swear the judge in but 9
imself, and be did not intend to do it. / '
When the court met the new I
chancellor made an order on :
Ne clerk and master (this was 9
morniDg,) to come and bring i
le books or show cause why he did not :
o so. '
The sheriff rode thirteen miles to exc 1
ute this order, getting to Altamont We'd i
esdsy evening, "a hours after the judge !,
ad written the note to Sanders, and found ,
be opposition court had just been organ- {
led. The lawyers present were Gen. B. !
:. Hill, Col. Tom Murray, Ar. Smith, Mr. j
Waters, and Mr.. Jones, all from McMinn- I
lille. b.. ..,s- .-... ..--.
Now 1 do not know how the fact is, for ,
state it on tbs authority Of Robert San |