766 



TENNESSEE. 



State shall appoint, in suck manner as tJie Legislature 

 may direct, a number of electors," &c. Under this 

 provision of the Federal Constitution the Legislature 

 of Tennessee, years before the present rebellion, pre- 

 scribed the mode of election to be observed, which 

 will be found to differ essentially from the mode pre- 

 scribed by the military Governor. We herewith en- 

 close a copy of the law of Tennessee governing the 

 holding of said election. The military Governor ex- 

 pressly assumes, by virtue of authority derived from 

 the President, to so alter and amend the election law 

 of Tennessee (enacted under authority of the Con- 

 stitution of the United States, as above set forth), as 

 to make the same conform to his own edict as set 

 forth in the proclamation aforesaid. He assumes so 

 to modify our law as to admit persons fo vote at the 

 said election who are not entitled to vote under the 

 law and the constitution of Tennessee. Instance this : 

 our constitution and law require that such voter shall 

 be a citizen of the county wherein he may offer his vote 

 for six months next preceding the day of election ; 

 while the Governor's order only requires that he shall 

 (with other qualifications named) be a citizen of 

 Tennessee for six months, &c. This provision would 

 admit to vote many persons not entitled by law. 

 We will, for the sake of brevity, pass over some less 

 important points of conflict between the proclama- 

 tion and the law, but will instance in this place an- 

 other. By our law it is provided that the polls shall 

 be opened in every civil district in each county in the 

 State ; but the proclamation provides only for their 

 being at one place in each county. This provision 

 would put it out of the power of many legal voters to 

 exercise the elective franchise. 



They further protest against the oath required 

 as impracticable, unusual, and a test oath. Many 

 other objections are added. They further pro- 

 test against the interference of the Governor 

 with the elective franchise, and ask that all 

 military interference shall be withdrawn " so 

 far as to allow the loyal men of Tennessee a 

 full and free election. By the loyal men of 

 Tennessee we mean those who have not parti- 

 cipated in the rebellion or given it aid and com- 

 fort, or who may have complied with such terms 

 of amnesty as have been offered them under 

 your authority." 



This protest was laid before the President on 

 October loth, by Mr. J. Lellyett, one of the 

 signers and one of the nominated Presidential 

 electors. He published a statement of this in- 

 terview, of which the following is the material 



part : 



"WASHINGTON, October 15. 

 To the Editor of tie World : 



I called upon the President to-day and presented 

 and read to him the subjoined protest. Having con- 

 cluded, Mr. Lincoln responded: 



"May I inquire how long it took you and the New 

 York politicians to concoct that paper 9 " 



I replied, "It was concocted in Nashville, without 

 communication with any but Tennesseeans. We 

 communicated with citizens of Tennessee outside of 

 Nashville, but not with New York politicians." 



"I will answer," said Mr. Lincoln emphatically, 

 " that I expect to let the friends of George B. McClel- 

 lan manage their side of this contest in their own way ; 

 and I will manage my side of it in my way." 



"May we ask an answer 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 understand this. 

 I know you intend to make a point of this. But go 

 ahead, you have my answer." 



"Your answer Ihcn is that you expect to let Gen. 

 llcClellan's friends manage their side of this contest 



in their own way, aud y 3u will manage vour side ol 

 it in your way?" 



" Yes." 



1 then thanked the President for his courtesy in 

 giving us a hearing at all, and then took my leave. 



Judge Mason, ot this city, was present at the in- 

 terview, to whom I refer in regard to the correctness 

 of this report. On stepping outside of the door of the 

 executive mansion I immediately wrote down the 

 President's emphatic response, and submitted it to 

 Judge Mason a'ad another gentleman who happened 

 to be present, and they both pronounced it accurate. 



w **'**##* 



JOHN LELLYETT. 



The following certificate accompanied it: 



WASHINGTON, October 15. 

 John Lellyett, Esq. : 



DEAR SIR : In compliance with the request in your 

 note of this day, I have only to say that 1 was present 

 at the interview referred to. Your statement of what 

 took place is substantially correct ; and on all materia' 

 points I believe it literally so. Yours truly, 



CHARLES MASON. 



Subsequently, on October 22d, the President 

 made the following reply : 



EXECUTIVE MANSION, WASHINGTON, Oct. 22, 1864. 

 Jfefmrx. VTm. B. Campliell, Thou. A. R. Nelson^, James T. 

 /'. < \irter, John William*, A. Blizzard, Henri/ Cooper, 

 Bailie Peyton, John LeUi/ett, Em. Etheridge, John D. 



Perrijirmi. 



GEXTLEMEN : On the 15th day of this month, as I 

 remember, a printed paper, with a few manuscript 

 interlineations, called a protest, with your names ap- 

 pended thereto, and accompanied by another printed 

 paper purporting to be a proclamation by Andrew 

 Johnson, military Governor of Tennessee, and also a 

 manuscript paper purporting to be extracts from the 

 Code of Tennessee, was laid before me. 



[Here the President inserts the protest, the proc- 

 lamation of Governor Johnson, and extracts from 

 the laws of Tennessee.] 



At the time these papers were presented, as before 

 stated, I had never seen either of them, nor heard of 

 the subject to which they relate, except in a general 

 way, only one day previously. Up to the present 

 moment nothing whatever upon the subject has pass- 

 ed between Governor Johnson or any one else con- 

 nected with the proclamation and myself. Since re- 

 ceiving the papers, as stated, I have given the subject 

 such brief consideration as I have been able to do in 

 the midst of so many pressing public duties. 



My conclusion is that I canhave nothing to do witr 

 the matter, either to sustain the plan as the Conven- 

 tion and Governor Johnson have initiated it, or to re- 

 voke or modify it, as you demand. By the Constitu- 

 tion and laws the President is charged with no duty 

 in the conduct of a Presidential election in any State ; 

 nor do I, in this case, perceive any military reason 

 for his interference in the matter. 



The movement set on foot by the Convention and 

 Gov. Johnson does not, as seems to be assumed by 

 you, emanate from the National Executive. In no 

 proper sense can it be considered other than as an 

 independent movement of at least a portion of the 

 loyal people of Tennessee. 



I do not perceive in the plan any menace of violence 

 or coercion toward any one. Gov. Johnson, like any 

 other loyal citizen of Tennessee, has the right to favor 

 any political plan he chooses, and, as military Gov- 

 ernor, it is his duty to keep the peace among and for 

 the loyal people of the State. I cannot discern that 

 by this plan he purposes any more. 



But you object to the plan. Leaving it alone will 

 be your perfect security against it. Do as you please 

 on your own account, peacefully and loyally, and 

 Gov. Johnson will not molest you, but will protect 

 you against violence so far as in his power. 



I presume that the conducting of a President!;/ 



