Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1861-07-10
Amendments TO office in the volunteer
Militia,

In the matter Of appointments, by the Governor,
of members of the General Assembly, to offices in
the staff of the Provisional Army of the State, the
following clause of Article 2, section TO- of the
Constitution, is relied on by the opponents of Gov.
HlRRIs, to sustain the charge tn at he has tran
seconded his constitutional powers:
mo Senator or Representative shall, during the
time for which he elected, be eligible to any
Office place of trust the appointment to which is
vested in the Executive or the General Assembly,
except to the Office Of trustee of literary institu
ton"
The question presented here, is whether an Assis-
tant Adjutant General, Quartermsster or Comrlissa
~ is an oce or place of trust within the meaning
ofthe Constitution The Constitution of the State did
not provide for military establishment under State
authority, or for carrying war by the Stata in
asmueh as the appropriate and specific duty Of the
Federal Government, in the division of delegated
powers, was to conduct our wars. The emergency
which has arisen forcing the people Of the State to
dissolve their connection with the Federal Union, is
of an extraordinary character, not contemplated by
the trainers of or Constitution. Under the State
Constitution with its relations to the Federal Gov
eminent, no such establishment a war force,
excepting under the direction of the Pres
ident of the United States, was known
thought of or provided for. the President at any
time called for volunteers, they were called out by
the Governor, from the militia, under the system
of volunteering, mustered into service by United
States officers paid and provided for by that Gov
eminent, and their staff appointed by its authority.
Hence, when the clause, quoted above, inserted
in the Constitution by its trainers it is absolutely
certain, from candid and impartial view of these
hat uiapn Of truStf did refer
to any military office, and must have therefore re-
ferred solely to civil offices. 1t is absolutely GER
tain that the language quoted did not refer to off
GERS of the militia, as will be from the follow
ing, section 26, article ? of the Constitution:
''No Judge of any Court of Law or EqIity, Sec
rotary of State Attorney General, Register, Clerk
of any Court of Record or person holding any
Office under the authority of the United States,
shall have seat in the General Assembly nor
shall any person in this State hold more than one
lucrative office at the same time Provided that no
appointment IN The militia to tie office Of Justice Of
the Peace, shall be considered lucrative office, or
operate as a disqual feaoR 70 seal IN either House
of the General Assembly
Now the militia was the only military system,
known to the Constitution, OF provided for by it,
and an appointment in the militia is absolutely
cepted from the classification of those holding lu-
rative offices and disqualified from holding
q seat in the General Assembly.
The provisional army are constituted of volun-
teer militia mustered into the service Of the State,
under the independent Government of Tennessee,
instead of into the service of the United States. Tie
State was therefore compelled to provide munitions,
quartermaster's and commissary's stores, &c, ard
to appoint the appropriate officers, which if we
had remained in the Union, would have been provid
ed by that Government. From all of which it FOL-
lows, that if the provisional army of Tennessee IS
in contemplation of the Constitution at ALL its eff
GERS are militia officers, and therefore not disquali-
fed from holding seats in the General Assembly.
And 2nd, if the provisional army was not contem-
plated by the Constitution, under the new order of
things, no other military officers than those of mill
tia being in the purv:ew of that instrument it then
follows concusively that the Constitution did not
refer to such officers, when it declared those hold
ing Offices and places of trust ineligible to seat in
the Gcner alAssembly.