The Chattanooga Daily Rebel. [volume] (Chattanooga, Tenn.) 1862-1864, 1863-03-11

he was sworn lie certified for registration the
probate Of a deed. The validity Of the act
was tbe question before the coult, and it has
about as much 10 do with this case, as does
the act of Congress that was repealed just
three months before the case arose.
Ono Of the Judges strongest points now
/ follows
'sAnd as such deputy clerk he is exempt from per
forming military'duty by tile laws Of the State OF
Tennessee (see Code, section 400 except IN cases
! Of invasion or insprrect0n;-and nothing less than
the requsion of the Governor OF Tennessee, who as
the commander in-uhie Of tho militia Of the State,
in case Of invasion or insuuecton, actual or mmi-
nent, take from the clerk Of court his privilege
OF exemption from military duty"
This is not the law. Secton47O Of tie Code
of Tennessee says, "tle clerks of the courts
are exempt from military duty. Section 1928
4 says, clerks of the chanceiy courts are appoint
j ed by the chancelors and hold thoir Offices for
six years. The two SECTIONS would read thus:
'E"Clogks Of the chancery courts who are ap-
| pointed by the chancellors and hold their
slices for six years, are exempt
4 Take Judge Gaut's law, and il wonld read
thus; The deputy clerks Of the chancery courts,
who are appointed by their principal clerks,
and hold their oiliceSs at the viii of their en-
! pIoyers, are exempt
clerk from the deputy clerk, but Judge Gaut
! will not do so. He ignores the deputy or
Praiher he ignores the clerk and makes the de-
putty take his place
| But more of this last extract from the Opin-
ion. By section 470 Of the Code, clerks-not
deputy cerks-are exempt from military SER
Vice except in cases Of invasion or insurrec-
tion' and by section AL, the requisition of the
y Governor on tie militia is evidence of an in.
/ surrection or invasion so as to take away the
privilege Of exemption. These sections mean
: this: When the State is invaded, clerks are
not exempt If the Governor makes his re-
quisition ontbe militia, it is evidence Of the
Invasion that already existed, and which took
away the right OF exemption; il is the invasion
3 and not the requsition, that takes away the
: right When the invader comes, the right is
gone, even though the Governor should never
/ make his requsition. Well is the State Of
Tennessee invaded? Judge Gaut may not
. think so. but with two thirds Of the State in
tlfe hands of Lincoln, and much of the other
d third in the hands of Lincolns friends, most
! persons would conclude that it was an invaded
! State. Ii then, in fact, the State is invaded,
the elerks heIhselves-much less deputies
are not exempt from military duty.
neednot remark, that to meet this inya.
sion Gov. Harris did make his requsition on
. the milita--the order, so far as | know, re.
r mains unrevoked, and the invasion has been
continuous to this day. Here is an invasion,
and the eyidehca of 1.-THE Governors roqui
siton. BY the Judges own argument the
right to exemption ia gone, aud avery clerk in
Tennessee is, by State law, liable to military
T duty. That being 30, what says the act OF
J Congress Oh whioh the Judge relies to save
X MoMiilinf The officers Judicial aud cxecu-
I tive Of the Confederate and State governments
I = eGceBt such State officers as Tie
seyeyat States haze declared, or may hereafter.
declare, by lalD 10 be liable TO militia dUty" are
Iexempt. BY our State law, clerks are now
liable to militia duty, and consequently. y.are
not exempt from conscription. Titus the laws
introduced by Judge Cant to save the deputy
clerk from conscription, show most conclusive
.liy not only his liability TO CONSUMPTION, but
that of tho clerk also. His Honor must have
drank Of the wine that makes men mad
4 We are through with this Opinion,
Il II is understood, That on the day. lcNlil-
Ilin's trial. Judge Gaut also Discharge SSSdeputy
county court clerk Of Bradley county, who
performed no Q6ioidl dct prior 10 lis enroll
i 5neat. and probably not until after his dis
charge by tho, Judge. If my information is
correct, call for the Opinion in Hai case.
There is but one clerk of tho chancery court
lat cleveland. Whois it2s The officer ap-I
pointed by tho Chancellor for six years, or tho
ldeputy? II. .it,be tho latter, tbeh scripture is
fulfilled. and the last is become first, A depu-
Il ty ia allowed for tho clerks accommodation. |
The clerk 10 the officer lIe is elected by thel
people, or is appointed by the Chancellor he
lgives the bonds, and in'his name the business
lis done. The law looks TO .hjm, holds him
Irresponsible, and gives him lie feca II sthoI
Iclefk who acts by his dcputy--A b.. clerk, by |
lC.D his dcputys II tho clerk desires il, he |
df3uisses his deputy, and tho State eanuot
Complain. Inthe clerks pame, the work isl
done; in his name the fees are taxed to him
the law gives them and in his namo they are
collected, received and rocoipted for lhel
deputy gets as compensation whatever thel
clerk gives him, and no more. He is simply
a hired servant OF agent whose appointment
| Is authorized by law, and whose acts are valid
when done for the clerk and nhis namo. His
death causes no vacancy in Office, and his re-
moval affects only his employer
| Much remains to be said.-enough has boon
said, This paper is already too long.
4N SoUrHRoN.
/ NEGRO BARBAtITlEs- an AhOhtOnlat living
in tho town Of Denmark Lewis county loved
the negro not wisely but too well, and believed
in the equality OF tho whole human race, and
has iust been brought 10 grief in tho most
heart-rending rhainer. lie nseforrod to en-
lpoy an uncouth, bnily negro on his farm, and
\ treated him aaa an equal Tho result Of this is
not only very sad but very shocking The
farmer has just learned Chat tho negro has
rayished his three daughters aged respective
" sixteen, fourteen and ihrtoon years The
laly minded father has paid aoarly for his mis-
larpled philanthropy, aud Is now an inmate Of