Daily Nashville patriot. [volume] (Nashville, Tenn.) 1860-1862, 1861-07-14
From the Union and American.
Appointments to Office in the Volun-
faar

In the matter of appointments. by the
Governor, OF members of the General As
semby to the staff of the Provisional Army
of the State, the following clause OF Article
2, section 10, of the Constitution, is relied on,
by the opponents of Gov. Harris to the
charge that he has transcribed his constitu-
tional powers:
mo Senator or representative shall, du-
ring the time for which be was elected, be ell
igible to any Office or place of trust, the APP
pOintment TO which is vested in the Executive
or the General Assembly, except to the Office
Of trustee of literary institution"
The question presented here, is whether an
Assistant Adjutant General, Quartermaster
or COmmissaTy is an "office of trust" within
the meaning of the Constitution. The Con-
stirution of the State did not provide for
military establishment under State authority,
or for carrying on war by the State, mas
much 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 cOnnec-
ton with the Federal Union, is of an extra
ordinary character, not contemplated by the
trainers of our Constitution Under the
State Constitution, with its relations to the
Federal Government, no such establishment
as war force. excepting under the direction
of the President of the United States, was
known, thought of, or provided for. If the
President at any time called for volunteers,
they were called out by the Governor, from
the militia, under the system ofvOlunteering,
mustered into service by United States off
GERS paid and provided for by that Govern
ment and their staff appointed by its author
ity. Hence, when the clause, quoted above,
was inserted in the Constitution by its franz
ers, it is absolutely certain, from a candid
and impartial view of these facts, that an
"ofiiee or place of trust" did not refer to any
military Office, and must have therefore re-
ferred solely to civil officers. 1t is absolutely
certain that the language quoted did not re-
fer to officers of the militia, as will be seen
from the following, section &c, article 2 of
the Constitution:
'No Judge of any Court of Law or Equity,
Secretary OF State, Attorney-General, Regis
ter, Clerk of any Court OF Record, or person
holding any Office nnder the authority of The
United States, shall have a seat in the Cen
eral Assembly; nor shall any person in this
State hold more than one lucrative Office at
the same time; Pr0Uided bia no appointment IN
the NLaia 10 the office Of Justice cf The Pace,
shall Be considered lucrative office, or operate as
disqualification 10 q seat either House II the Cen
eral Assembly,"
Now the militia was the only military sys-
ten, known to the Constitution, or provided
for by it, and an appointment in the militia
is absolutely excepted from the classification
OF those holding lucrative offices and disquali-
ned from holding SEAT ia the General As
sembly.
The provisional army are constituted of
volunteer militia, mustered into the service
OF the State, under the independent Govern
ne1t OF Tennessee, instead OF into the service
OF the United States. Tue State was there
tore compelled 10 provide munit Ons, quarter
masters aud eommissary's stores, &C., and to
appoint the app opriate officers, which if We
had remained IN the Union, would have been
provided by that Government. From all of
which it follows, that If the provisional army
of Tennessee is in contemplation OF the Con-
stitution at all, its officers are militia officers,
and therefore not disqual fed from holding
seats in the General Assembly And, 2ud, If
the provisional army was not contemplated
by the Constitution, under the new order OF
things no other military officers than those OF
the militia being 10 the purview OF that in
strument, it then follows c0nclqsively that
the Constitution did not refer to such officers
when it declared those holding offices and
places of trust ineligible to seat in the
General Assembly.