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The Usurpation In Tennessee

The Usurpation In Tennessee image The Usurpation In Tennessee image
Parent Issue
Day
28
Month
October
Year
1864
Copyright
Public Domain
OCR Text

The following is a copy of a protest which on Saturday last was aubmitted o the President of the United States by John Lellyett, Esq., of Nashville, Ten., or.e of its signert,) in behalf of the loyal itizens of Tennessee, whom the Hon. Andrew Johnson, the Military Governor f that State and the Republican candíate for the Vice-Presideucy, has sought o disfranchise by a proclamation issued n the 30th of September last : To his Exeellency Abraham Lincoln, President of the United States. Sir : - The undersigned, loyal citizens f the United States, and of tbo State of nnessee, on our own bebalf, and on behalf of the loyal people of our State, sk leave to submit this protest against he proclarnation of' His Excellency, AdIrew Johnsou, Military Governor, orering an election to be held for Presient and President, undcr certaiu egulations and restrictions therein set 'ortb. A printed copy of said proclamaion is herewith enclosed. The Constitution of the United States rovides that "each State shall appoint, 'n such manner as the Legislature thereof may dirett, a number ot electora, &c." Jnder this provisión of the Federal jonstitution, the Legislature of Tennesee, years beforo the present rebellion, )rescribed the mode of election to be ibserved, which will be found to differ essentially from the modo prescribed by he Military Governor. We herewith endose a copy of the law of Tennossee joverning the holding of said election. The Military Governor expresly assumes, by virtue of authority derived rom the President, so to alter and amend the election law of Tenuessee (enaeted under aulhorlty of the Gonstitution of the United Statea, as set forth) as to make the same conform to his own edict as set forth in the proohmation aforesaid. Ile assumes so to modify our law as to admit persons to vote at the said election who are uot eulitled to vote under the law and the Constitution of Tennessee. Instance this : our Constitution and law requiro that each voter shall be " a citizen of the county whercin he may offer nis vote for six months next preceding the day of eloction ;" while the Grovernor's order only rcquires that he shall (with other qualifications named) be a citizen of Tennessee for six months, &o. ïhis provisiDn would admit to vote many persons not entitléd by law. We will, for the sake of brevity, pass over some loss important poiuts of conflict between the proelaination and the law, but will instance in this place another. By our hiw it is provided that the polls shall be opened in every civil district in each couuty n the State ; but the prociaination provides ouly for their beiug oponed at one place in each county. This provisión would put it out of the power of many legal voters to ex ercise tho electiva franchise. We solen. nly protest, nguinst these infiiiigemcuts of our law, couflicting as they do with the very letter of the Federal Cotistitution. because they are without authorily, and because they II prevent a free, fair, aud true expression of the will of the loya' people ol Tennessee. But we protest still more emphatieally sgainst the most unusua] and impracticable test oath which it is proposed to require of all citizen voters in Tennessee. [The oath is as follows : " t solemnly swea'r that I will henceforth supit the Constitution of tbc United SuiBand defend it against the assaults of all enemies ; that Í am un active frieiid of the Government of the United States, and the enemy of the so called Confedérate States ; that I ardently desire the suppression of ihe present rebcllion against the Government of the United States ; that I sineerely rejoiee in the triumph of the armies aud navies of the United States, nd in the defeat and overthrow of the armies, navies, and of all armed oombinations in the interest of the socalled Confedérate States; that I wiil eordially oppose all armistices or negotiations for peace wüh rebels in arms, untü the Conititvtion of the United States, and all laws and proclamations made in pursuance therenf, mail bc cdabUshed over all the people of erery State and Terrilory embraced witlnn the national Uniou, iind that I will heartily aid ind assist the loyal people in whatever measures ma y be adopted for the attainment of these ends ; and further, that l take this oath freely and voluntarily, and without mental reservatioü. So help me God."] A citizeu, quulitiod to vote, and whose loynlty cannot bo "disproved by other testimony," is to be required to swear, liist, that he " will henceforth support the Consiitution of the United States, and deferid it againt-t all enemies " This obÜKation we are willing to renew daily. Bijt this is not yet deoined a suffieient (ém of loyalty. He is required to aiake out hand subscribo to a masa of vain repatitions coucerning his aotivity as a friend of the Uujori, and tho eneiny of its etiemi'eg - oon coming his ilt'sircs, lus liopesand fears-atVd that hè finds it in his iieart to rejoioe over the soews o( hlood, and of wouuds, of anguish and death, vvhereiu liis frifïi Js, liis kindi-ed, his loved ones ure sliiin, Oí m:nnio(l, or mudo prisoners of war - wiiciLby tho huid of liis birth or adi'ption is mado desolate, and lamentatiob and njoárniti aro spread over the wliole nation. hilo nli the civilized world stands au'i-s i" eoiiteiuplatinn of the uaequalled horrors of our tremendous strife, the citizeti of Teunessee is called upou by her Military Governor, 'undcr yoiir authority, to swear that in these tilinga lie fi"ndn ocoasion to rejoice.' As i f' thia vvcre still uut onoiiüh, the eitizen is further requirod to swuar to tho indefinita prolpnsatioq of tliis war as follovvs : " That I will cindially oppoae all wnaistioeï (ir ncqbiiTñtoni fuv peau tcilh rebeh in armis v-A the (Vnstitution of the Uuited öi-aics, aud all laws aud olamations made in pursuanco tliereof, shall be eatablished over all the people of every State and Territory embraced within the National Union;" until (in brief) the war shall be at an end. Now, we freely avow to your Excellency, and to the woiid, tbat we carnestly desire the return of peace and good will to our now unhappy country ; tbat we seek neither pleasuro, protit, nor honor in tiie perpetuatiou of the war ; that we should feel bound as Chriatians, as patriots, and as civilized men - that we are bound by the oaths we have taken - to countenance and encourage any negotiations which may be entered iiito by the proper authoritios with tho iutent to restore peace and union under the Constitntion we have sworn to support and defeud. We should be traitors 10 our country, false to our oaths- false, indeed, to the primary clause ol the oath we are now discussiDg, to oppose such negotiations We cannot consent to swear at the ballotbox a war of extermination against our countryinen and kindred, or to prolong by our opposuion, for a single day after it can be brought to an honorable and lawful conclusión, a contest the most sanguinary and ruinous that has scourged mankind. You will not have forgotten that in tho month of July Jast you issued the following proclamatiou : Execctive Mansion, Washington, July 18, 1804. $ To whom it may concern : Any pmpo8ition which embraces the restoration of peace, and the integrity of the wholc Union, and the abandonment of slavery, and which comes by and with an authority that can control the arinies now at war agaiust the United States,, will be received and considered by the Executive Government of the United States, and will be mot by liberal terina on other substantial and collateral points, and the bearer or bearers thereof shall have safe couduct both ways. Abraham Lincoln. This is eertainly a proposition to treat with rebels in artns - with their chiefs. Are we now to understand by this proclamation of one acting under your author ity, and himself a candidato with you for the second office, that even tbe above propot-ition is withdrawn - that you will henceforth have no negotiations upon any tenns but unrelenting war to the bitter end ? Or are we to undetstand that while you hold this proposition opea, or yourself free to act as your judgment may díctate, we, the ciüzens of Tennessee, shall swear to oppose your negotiations ? In the nest breath, the voter who bas already been thua far qualified is required to swear that he will " heartilv aid and assist the loyal pcople in what.ever measures may he adopted lor ihe attainment of these ends." Adoptcd by whom ? Tbc oath doea not say We cannot teil what measures may be adopted. We cannot comment upon the absurdity of the obligation here imposed without danger of departing from that rcspeotful propriety of language which we desire to preserve ia addresaing the Chief Magistrate oí the American people. But this is the clause of au outh which the candidate for the VicePresidenoy requires at the lips of the loyal and qualiüed voters of Tennessee, before these citizens sball be allowed to vote for or against you and himself at the coming election ! For these reasons, and others wbich for the sake of brevity we omit, we solemnly protest agaiuat the interference of the Military Governor with the freedom of the elective franchise in Tennessee. We deny his authority and yours to alter, amend, or anuul any law of Tenuessee. We demand that Tennesseo be allowed to appoint her electora as expressly pvovided by the Federal tutioD, which you have sworn to support, protect, and defend, in the inanner which the Legislaturc thereof has prescribed. Aud to that end we respectfully demand of you, as the principal under whose au tbonty this order has been issued, that the same shall be revoked. We'ask that all military interference shall bo withdrawn so far as to nllow to the loyal men of Tennossec a fui! and free eleotion. By the loyal men of Tduncssee we mean t.hose who have not participatcd in the rotiellion, or given it aid and comfort ; or who may have complied with such terms of amnesty as have been offered them under your authority. On the 8th day of December, 1863, you, as President, issued a proclamation declaring that " a fu'l pardon is hereby grauted,1' " with restoration of all rights of property," &c. to each of our citizena having participated, directly or by implicatiou, in the existing rebellion, (with certain exeeptions,) " upou the coudition that overy such person shall take and subscribe an oat-U, aud theucefonvard j koop and ïnaintain said oath inviolate." And it is further provided in the prociarriation aforesaid, tlial in the conlingency of the reorgaui?ation of a State guvernmeut in Tonnessen, or oertaiu other States uamed, the persons having takon the nath rcferred tp, being othcrwise qualified by the electiou lay of the S;ate, bhail be entitlcd to vote. The uudcrsigncd woubl st'ite that many of our citizflüs havo compliorl in good faith wilh the terms of anmesty proposed in your pruuiaiuatioii aioicsaiu, aua are ttierofore by réas'oD of the fuil purdon giantoc thein, fütív enlitled to voto and exei-uLe all otber riglits belonging to loyal citizcns, without let or hiudrauoo ; and we respectl'ully appeal to you, as President of the United States, to niako good your promise of pnrdöb to tbeee citizens, by the removal of all oiher and further hinclrauce to thoir exercise of the eloctive franohiüo. liut i{ it be clairned upon the plea pf military necessity that guai'ds and restrictions Shall bü throwu arouoJ the ballot-bos in Trnuesee, we will ask the witbdrawal of tho proclamation of the Military Govertior, because the conditions tiiureby iuiposod upon tho loyal men of Tonnessen as u ijualification for votors ave irrelevant, unreasonnble, and not in any sense a test of loyalty, But they pledge the citizen to opposc the lawful autborities in tlie discharge of their duty. Tlie oath requ'ned is only calculuted to keep legal and rightful voters frora the polls. VVe suggest that no oath be reqQirad but suoh as is prescribed by law. Our peoplo will not hesitate, however, to take the usual oath of loyalty - for exatuple, in the language of the piimary clatise of tho oath in qucítion ; "That I will henceforth support the Constitution of the United títates, and defeud it against the assault of its enemios." Denyiig your right to make any dearture from the law in the case, we shall, however, feel no lurdship in this" The Convention to which Gov. Johnson refers, was a mero panisan meeting, having no autbority, and not representing the loyal men of Tennessee in any seuse. The names of the signers of this protest have been placed beforo the people of Tennessee as candidatos for Electora, who, if chosen, are expected to cast tho electoral voice of Tennessee for Greorge B. McClellan for President, nd George ÍI. Pendleton for Vice-President. By virtue of such positiou it beeomes our province especially to appear before you in the attitude we do. We are aware that grave questions raay arise, in any event, with regard to the regularity of the vote of Tennessee, in consequenoo of the partiully disorganized cocdition of the State. The friends of your re-election, hoever, announced an electoral ticket, and the public became aware that preparations were being made for the holding of the elec'ion, leaving that matter no longer a question. Some timo thereafter our electoral ticket was placed before the public, and within a few days followed the pröelamation coraplained of. We, for onrselves and those we represent, are williug to leavc all questions involviug the right of Tennessee to particípate in the election to the decisión of competent authority. Wm. B. Campbell, of Wilson cotinty. Thos. A. R. Nelson, of Washington co. For the State at Large. Jas. T. P. Carter, of Carter county. John Williams, of Knox couoty. A. Blizard, of McMinn eounty. Henry Cooper, of Bedford eounty. Bailie Peyton, of Sumner county. John Lellyette, of Davidson county. Em Etheridgc, of Weakly county. John D. Perryman, of Shelby county. lor the Düiricts. After the foregoing paper had been read, a brief colloquy cusued between the President and Mr. Lellyette, as desseribed in the following eoininunicatioo : Washington, Oct. löth, 1864. To the Editora of the National Intelligencer : I called upon tho President to-day and presented and read to hini the above Protest. Having concluded, Mr. Lincoln responded : " May I inquire how long it took you and tho New York politicians to concoct that paper ?" I replied : " It wa8 concocted in Nashville, without communication with any but Tennesseans. We communicated with citizens of Tennessee outside of Nashville, but nót with New York politicians." " I will answer," said Mr. Lincoln, emphatically, " that, I expect to let the friends of George L. McClellan manage their side of this cnntest in their own ivay, and I will manage my side of it in my way." " May we ask an answor in writing ?" I suggested. " Not now. Lay those papers down here. I will give no other answer now. I may or may not write something about this hereafter. I understiind this. I know you intend to make a point of this. But go abead. You have my auswer." " Your answer then is that you expect to let Gen. McClellan's friends manage their sido of this o.ontesfc in their own way, and you will manage your side of it in your way ?" " Yes." I then thauked tho Presdeut for his courtosy m givlng us a hearing at all, and tooit my leave. Judgn Mason of tliia city was present at the interview, ta wiwwi I refer in regard to tho oovwetness of this roporti' On stopping outskio tho door of thö ExüCHtivc Mansion, I imniodiately wrote down the Presideufs emphatic response, and submitted it í" Judgo Masón and iiuother gentleman who happeued to ba nresent, and thcy both pronounced it acvurnte. And now I have a word to say to tho people of the UnitüJ -States, who are or onghi to bi! tho masters of Abraham Luiooln. The paper wWoi I had the honor to present to the President is not the 'Voneooiion of Naw York politicians," however that migbt effect t merits. Ifc is tho solcmn voico of a freo and proud peoplo., protcstinti aguiast thcii' owo disfranchisotnciit, by the ;iient of Abraham L'iicdIh. It s the voico of thu.se loyal inon in Tcnnossüo who have borne the repro.ich of a pi'ople the} sfcill lovcil, supporting tho Proiiidjiit in all lawful cfforts to preserve tho Uuion. .The reward of our loyal is ditifrunehised. The cup of perjury is eommiT.ilo'l to our lips beoauso it is known that we will not touch ita eontents. Jutlgc ye botween the pooplo of ïenncssco and Abraham Liucoln. It may be meet thnt our solomn and rosppctfui iippflal shoi'lil bo thrown asido with a eonteiiiptuou'í sneer. Look to it. If you, tho peoplo of tho Northern States, .hall sustain tliis act of tyranny, your own time will hoon como. If tho President of tho United States may " manage his sido ol the contest" by settting usido the very letter of tho Constitatiou, aul iiltuii: tile cloetive law of be Staten o as to ditifranobise bis oppotlcnts, libcrty is alreudy duad. John Lellyett. The Hou. Charles Ma son, havlug aceompanicd Mr. Lellyett iu hin visit to tlio President, :uid haviug been present at tbc interview accordod to Mr. Lellyett, Ims been called hy thü lalter in tbe following note to autlienticiito bis report of tbe eonvergation bad with tbe President. Tbe reply of Mr. filasou is also appendud : AVasuímítcn, Oct, 15, 1864: Hon. Chas. Masón- Deaiï Sir p - I Bubmit to your inspection wbat I bave w ritten in refert'bce to my interv-iew witb tlio President to duv. and iriil ask joti' to stato if you regard the same as au ae cúrate report. JJcspectfully, John Lellyett. Washington, Oct, 15, lSfU. JoiIN I.ULl.YBÏT, Es - DUAR 8}tl "i In ct'mpRunce witb tbe request in your note of tbis d;iy, I hevé ouly to say t ha t I waB present ut tbe interview refvrred to. Your statement of wbat tcok place is substantially correct ; and on all material points I believe rt liicrallv so. Yours, truly, Chas. Masón. Reply of Lincoln. Washington, Oot 22. President Liucoln pnblish s this af ternoon a leng', hy reply to the TeunesFoeai:s v.Iie r) poaled to hiai, in whic.h he declinen i" iierfere in thuaflairsof TeunessGo, dvicmuig it il S:alo ma'.ter altogether. Exkcctivb Mansion', Washington. 1. C, Oot. 20, 186-. J Messrs. Wm. B„ Cumpbell, The. W. K. Nelaüii, Jumes T. P. Ú&rtcr, John Wilsn:), A.' ]31izzard, Henry Cooper, Ba'io Peyton. Juo. LeHyett, Emerson Etlieriilge, nnd Johu 1) Perryman : ÜENTLKMKK : - Oll tllü lÖtll llíly OÍ this mon'h, ns I remember, a printed papar, wi'.h a lew manuscript interlineations, caüed a (;rotest, vvith youi uames appondcd thereto, and accompunied by another papar purporting to be a proclamation by Andrew Johnson, Military Governor of Tennessee, and also a manussript paper, purporting to be extra, te frora the code of Tennessde, was laid before me. The protest, proolamation, and extracta are respectively as lollows : [Tho protest is here recited, and also tho proolamation of Got. Johnson, dated Sept. 30, to vvhich it refors, together with a liet of counties tu E;ist, Middle, and West Tennessee ; also extracta frorn the code of Tennessee, in relation to President and Vice-Prefident, the qualifications of voters for mernbere of the General Assembly, and places of holding elections for officora of popular eloctions] The President saya : At the time these papers were presonted, as bfore stated, I had never seen either of them, nor beard of the subject to which they relate, except in a general way. Up to the present moment nothing whatevor upoü the suliject haa passed between Gov, Johnson or any one e!se conneet ed with the proclamation and invself. tíince receiving tho pape-i'3 as tated, I havo given tho subject euch brief considerution as I have been able to do in the midst of so many pressing public duties. My uonvietion ia thsu 1 eau havo nothing to do vriththo matter, either to sustain the plan as the Oonvention and Gov. Johnson have iuitiated H, or reroke or modify ib as yon demand. By toe Conetitution and the laws, the President is charged with no duty iu tho conduct of the Presidential election in any State, nor do I n Ihiscafse perceive any military reason for hia interfurence in the matter. The movement eet ou foot by the Conveation and. Oop. Jchnson, does not as soems toi be assurned by you, etnanate frorrv the National Kxacutive. In no proper sense can it be considerad other than an inciepondent movement of at luast a portion of the loyal poople of Tennessee. I d not poreeive in the phn any menace, or violonco, or cooroioa toward any oh Gov. Johnson, like any other loyal citizen of ïennessee, a right to fuvor nny politisal plan ho chooses, and as military (ioveraor, it ia his duty to keen peaco smong, and lor the loyal peopl'e of the State. I caont discera thst by tbis plan he proposes any more, bnt you object to the plan. Leaviug it alotio will be your perfect securilj' agaiast it. It is not propo&ed to foroe you into it. Do aa you ploase, on your owo accouut peacefully and legally, and Gov. Johnson will not rnolestyou, but will protect you agaiaat violence bo (at as is in hia power. I presume ■thnt tho conUucting of the Presidential election ia Tonneu■ae, in accordauce with the old oode, is not now possible. It is scarcely necesiry to add that, if an election ehall be held, ttud anj votes shull be oast in the State oí Teunesaee for Presideut and Vico President of the United States, it will bulong not to the military agsnts, nof-yot to thu Executivo Dopartmeut, but exolusively to auother Department of the Govermm.'at to determine wlmther thoy are entilled to be counkd in confonnity with tho Gonstitutioi) and laws of the Uuitod otates, excopt it be to be to give protcoliou agiainst violauco. I declino to inturfore with auy Presidential election.

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