Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1861-07-24
he UnconsiiIutIOnRI Appointments Oi
GOV. Hnrrisus His FiEdtcauOh'
o, tba E-shvlle Patriot.


he UnconsiitutiOnaI Appointments OF
GOV. Harrisu. His FiEdtcaUOH'
F,om the Nashville Patriot
The Nashville Banner Of July lIth' rel1erAte9 llle
lsrge that Gov. Harais has made Gee
the Militia service Of the State IN palPaoie NloS
. an of its Constitution This charge IS very y0Oe
10 and vitS merited gravity we viii answer II
MT at the alleged fact and its application We trust
lring the discussion, we may De eScas'ohaly III
uged in an involuntary smile:
1bink of this truth, hat although Gov, Harris
"a made over tlc0 hu' bred different appointments,
. 70 astute Banner can designate but JtUs which IT
Gems in violation Of law. As to their tlehiy 70
IL State TO their capablity. or entire qualification,
seems to be perfectly satisfied. But who are tile
entlemen whose appointment TO CTace nave peg"
,pnospd Illegal? They were all members OF the
ereut General Assembly, and their names are as
)ll ,ws: W. c. WhitthOrne. J. D. Porter Or; 20
) Pickett. s. T. Bicknell. and j. W. Gillespie The
1rmer was Speaker Of the House Of Represe pia-
YES and originally Democrat. Inc "tneF J0"
yere members, and originally OPPOSITION -,
For sometime the columns OF lhe Nash'Ihe
}1nneru have teemed with bitter denunclsuOns OF
,oy Harris because las il alleged) IN ali ms ap-
ointments to offices of honor and PrOnt' ne dtScTn
mated against his old party opponents ana unuSF
the mock cry of no party, pafty-let US nave no
ontestn gave them TO his old political frieHds Bu-
ere are five important appointments tour OF
ghom were formerly the political enemies Of Gov
Iarrls; and these the Banner declares 10 have been
made in violation of the Constitution. Thus, It
aa1Ss Gov Harris has violated the Constitution TO
promote to offices of honor and profit jour OF the
i'd DoIifcQI friends of the BpgneT. whom this organ
Iailv declares the Governor would not trust with
office and had Disseminated against in all appoint
ments Does not this seem passing strange!
But what is stranger still, is the fact that Tie
Nashville Banner is in the habit of denouncrg those
whom it terms original DiSWtORistS, and charging
all such with having precipitated the country into
the momeutOus revolution through winch we are
Dasisrg and vet it is daily advocating the claims
70 the chair Of Wm. H. Polk, whom 1t
denounced in 1856 ard 80 as Dsunlonlst. Inc
Banner now calls its Olra friends and those OF Col'
W. H Polk the Union men OF very recent uale'
and those of Gov. Harris. the dsunonlsts OF an an
terror period vet the Banner now advocates the
claims of Vim. II Polk TO the most hOnOred Office IN
the State as its most esteemed friend whom TINS
very Dsper in 1856 branded as a DisuniOnIst. VII
the smiles of its approval now mantle his 'lDtamy
then-can the Bdld56r explain this remarkable pie
aOTneRou? Its political inconsistency IS more IN
COMPREHENSIVE to US than the startling visit of that
aerial messenger of war, whose fiery tale nightly
Eliminates our hemisphere.
We will now discuss the cOlSIitt;0aQliy Of the ire
militia appointments to which we have heretofore
alluded. The Banner Of the 18th inst quotes Sec.
10 of Article IL of the State Constitution TO prove
their illegalIty. This Section is as follows
No senator or representative SHALL during the
rialc for which lie elected, lie eligible . any
Office or place of trust the appointment to winch IS
vested in the executive or the general assembly e,
except to the office Of trustee ot literary IESIi'u
ton;
Now IS this all Of the Constitution upon this point:
By no means. May we not be involved N palpaoie
absurdities by adopting detached portions OF any
instrument volume, as the expression OF the
whole: Does not divine revelation in one sentence
declare that lit is easier for a canal to 60 throu-h
the eve of needle than for rich TO enter the
Kingdom Of God:' UntXp aimed ~ oh'r por 10 S
of the Holy Writ is il not Impossible for The T1ch 70
be saved? II the editors of the Lamar hal read
other portions of the Constitution. or reflected even
upon this, Its explicit proof would have resolved
itself into airy nothing.
Ii is true this clause positively asserts that mo
IN amber CT the General Assembly. dmiRJ The t5"12
for l1hcb he Cqs elscttd sail be eligible TO any Oil &c
or place OF trust EXCEPT tn, cce OF literary trus-
tse-the appointment to which Is vested IN the TX
ecutive or General Assembly Here let Us pro
pound few questions. Does this clause CecLare
that no member Of the General ASS moIy' curing
the time for which lie is elected shalt be appointed
TO any office in the militia service Of the State II
it does not dsquslifythe members OF the Le2isia
rure in express language from such service, b ave
we any right to assume that It does oy lmplcalOH-
We're not United States Senators elected. as are
Confederate Senator's now, by the General Assem-
blv2 Certainly. Well, then can any member OF
he General Assembly during the period for which
he is elected be chosen Federal senator. Accord
ing to the Banner S cons TuCton, no menoer OF Li-
General
Eel elected United State Senator in lS4i, while
member of the General Assembly? aud have there
not been others so elected since the adoption OF the
Constitution Thus he hdfneT asserts, oy It's iaIse
postion that member Of the General Assembly
stall not be appointed to place in TIE mj'tG OF the
State, but may be appointed to place IN the Uni
ted States Senate. when the section which quotes
declares mo member of he General Assembly shat
be eligible to any place office of trust IN the git OF
the General Assembly or the Executive, during the
time for which each me,aber is elected, except
trustee of Literary University. This section has
about as much reference to the apPolatmeIt "i s
member of the General Assembly TO an Office II
the militia service of the United States, as It has tt
aplace in the United States Senate. Ii has not the
least to either -
Let Us now define its meaning. 1t merely allude:
TO offices or places Of rSt in the gift vi the Genera
Assembly or the State Executives the exception
clearly proves by every rule OF legal construction
Now what Is the exception: "A l. usIee OF q lteI
ary institution" Is this the only Trustee that has
bsen created by the Gen raj Assembly, or may bG
created, who shall receive his Apo ntn ut iron
the Executive or the General Assembly. Look e.
all yuUr state Asylums, Hospitals, the Prnl.entIary
all the TurnPlkes and Railroads III "i!eh IL'
State has an interest-all the Banks Of tins Stat
when they shall yolate their Charters or the Con
stitutiOn of the State. or become bankrupt an
esT ecially the Union, Planters and State Banks an
their several Branches. Now, under many clrcum
stances the General Assembly have not only IN
-
nor 10 appoint Tt ustees for all these to protect IN
rights and interests Of the people OF the STATE au
10 expose and punish fraud and corruption I'M
IL the legitimate meaning Of this section, and II ca
have , other, or it excludes all members OF IL
General Assembly from being elected United state
or Confederate Senators, during the two years IL
which they are elected.
The very definition Of an Office or place OF TN
will prove this. A general Trustee IS one VIII
without any legal has only equitable right it'll
or interest in the personal real property entTus
ed to him: and he who trusts him has other secI
itv for the property entrusted, than the lntegrli
and fidelity OF the Trustee. In a technical sgnlic
ton, Trustee is one upon whom an obllgatiC
rests from the confidence reposed IN him TO tait
fully apply the property entrusted, according
such confidence. See Blsc. Com. p. Al; hen
2gj; wilkins on Trustees, ?. !.
Thus the wisdom OF this section IS VlndcaL-
For how dangerous would it be 10 permit such Sta
Trustees to become members OF the General asseI
bly,. If they were men shire we'd talented popular az
corrupt how easy it would be for such, by IeSl
lat.on to SHE'D their friends engaged in banking,
employ ed in the State improvements, or in her cha
liable institutions indeed TO outrage the publ
confidence and defraud the State.
We will now examine other portions Of The Go
stitution, which will illuminate and strengthen o.
position. The 18th section Il Article Il, Is IA I,
lows:
20. No Judge Of any court Of law or equity, SC
retsry Of State attCrnC y-Ecncral, register 'lel
anv court of record, or person holding any oh,e u
der the authority Of the nited States shall have
.se,,t N the General Assembly nor shall any pers
III ,,is State hold more than one lucrative office
ahe a;De time PrOUiief. that no appointment IN t
militia or to the office OF Justice OF the peace. sh