Year: 1869

nad assembled III the rcourtnouSe II


Knoxville in expectation Of hearing the


opinion of Chancellor Temple in the


Morrow.W Weaver injunction case. There


was little doubt as to what that decision


would be, yet public anxiety was alive


70 see how the thing was to come of. 81


Immediately after the opening of the


court, the Chancellor announced that he


had given serious attention to the argu-


ments and authorities offered on both


sides of the question and had endeavored


to arrive at an unbiased conclusion. He


said the Supreme Court at Brownsville


had decided that the Governor has the


power and the right to remove regis


trars. Whether the right was held to


flow from the right to appoint, or from


the act ofFebruary, 1868, which directly


conferred the authority in certain cases,


did not appear, nor does he think it MAJ


teFial which is the source. The duty Of


the Court is plain, and that is to admins


ter the law; and by the authority of the


Supreme Court, this Court has no power
| 10 restrain the appointees of the Gov


ernor from the exercise Of the Office Of


Commissioner Of Registration. Neither


can the Court restrain them on account


of alleged wrongs or corrupt conduct in


Office That would imply power in the
Chancery Court to determine political
questions. In such case it is the duty of
the Governor to remove the delinquent


officer and appoint an honest man. But o
more effectual remedy is given by the
law, which provides that for every viola-
ton of duty, the Commissioner may be
indicted, and, upon convic tion, be fined
fifty dollars in each case. In times of
high political excitement persons will
always be found ready to prosecute.
The INJUNCTION in this case will there's
fore be dissolved.


The Chancellor said he might well
stop here, but sense Of public duty con-
strained him to add few words more.
He said, substantially that an attempt
by threats, had been made to intimidate
this court, as well as other courts. In
order to deter the courts from the dis
charge Of their duty they have been
threatened with twenty thousand militia
He said that in other days this would
have started the community. In other
days it was supposed the judiciary
department was an independent and CO.
ordinate department of the State, and as
much independent Of the executive de-
partment as the executive is of the judis
ciary. 1t was reserved for the present
Governor to discover that he Is the
State and that he has the power, by his
will, to overthrow the courts of the
country when ever they may interfere
with his plans. He thought no enl ight~
ened member of the bar could symps-
thize with such upwarranted assump-
ton Of rower and prerogstive as the
threat of the Governor implied, and he
thought the members Of the bar would
scarcely fail in their duty by letting the
occasion pass without denouncing or
protesting against this aggressive as
sumption. He had been exhorted to
decide this case as q Judge and not as
partisan. His decision is rendered, but
in what capacity it did not become him
to say. He desired here to see whether
the members of the bar forgetting for
the moment their partisan feelings, jeal-
GUS of all that affects the rights and
honor Of their noble profession, are still
equal to their ancient renown, in always
being the first to perceive and denounce
the approaches of wrong and encroachs
ments upon the rights and dignity of the
judiciary. ... r.. .....


Chancellor Temple further observed
that it was not only the duty Of the
court to declare the law, but to inculcate
sound morality. 1t had been remarked
in argument that the franchise law is un-
constitutional. He did not so regard it.


1t had been declared constitutional by
the Supreme Court of the State, and it
did not become either court or an indi-
vidual to regard it otherwise. There
was no safety except in respect and obeS
dience to law. Again, it had been said
in reference to the certificates issued by
Mr.. Weaver, before he had taken the
oath, that they were as good in the hands
of the voters as if he had fully complied
with the law in that respect. How that


matter may be, it was not for him TO de-
eide, though he would suggest that the
holder of ssch certificate, knowing it to
have been SO issued, who might under
| take to vote upon it, would thereby be-
| come q party to the fraud and renoer
| himself as liable ss though he had voted
| without certificate.


The remarks of the Chancellor were
| listened to with interest, and we must


say surprise, by the bar and the large
crowd in attendance. E
Hon. T. A. R. Nelson, rising, said that


since his Honor had invited an expires


sion of opinion from the bar, he desired


to notice one or two remarks that had


been made, In reference to the duty OF


every one to regard the franchise law as


valid and constitutional enactment, he


said that in the exercise of his right as


freeman, deriving his liberty from a


written constitution, he had declared for


himself that that act was an infringent
! upon his liberties and upon the liberties
| of every other freeman in the State. 1t


was in direct conflict with the decision OF


the Supreme Court of the United States
in the case of Cummings vs.. the State ot


Missouri, wherein it is declared that such


a law is in the nature OF an eT post


fdctO law, and therefore null and void


Besides, although it has been held consti-


tutional by our own Supreme Court II


the case of Ridley VS.. Sherbrooke, yei


that decision is appealed from to th'
United States Supreme Court, and i:
therefore vacated, leaving the questier
still undetermined, as no decision hal


vet been pronounced by the court OF las


resort Ho held it to be not only tn,
right, but the duty of every freeman t
raise his voice against oppressive and un
| constitutional laws. He was quite elo
i quent in regard to constitution (which
7. all can refer for their rights as the Chris
tians of all creeds look to the Bible
: the ground of their common faith. L
s regard to threatened interference wit


the courts he knew nothing, of himsel


but he would 60 as far as he that goe
Q. farthest, in maintaining an unawed an
? independent judiciary, which is the onl
Q safeguard of liberty. For years he ha
Q been contending against military inter
J. ference with the civil authorities.


" Col. Baxter said it was no new thin
y with him to raise his voice against mil
e itary encroaehment, and he was glad


see a proper feeling on this subjet
:. beginning to manifest itself. He though
. his Honor was greatly in error, howeve
= in the statement he had made. Th
- 70 present Governor, instead of being th
first to declare himself the State W,
:! merely the residuary lsgatee of b
- predecessor. His Honor complained
81 threatened interference. This interfe


ence began with the enactment of
r pretepded law which authorized Il
10 Governor to call into his service
I'd military force, and by subseque
to enactment which authorized him