The Athens post. [volume] (Athens, Tenn.) 1848-1917, 1863-02-20

hdity of this act was the question before
the Court. and it has about as much TO do
with this case. rs does The act Of Congress
that was repealed just three months be
fore the case arose.
One of The Judges strongest points
now follows
'.And such deputy clerk he is exempt from
performing military duty by the laws of the State
OF tennessee, (see Code, section 400 except in
eases OF invasion insurreetion;-and nothing
less than the requsition of the Governor of Ten
nessee whe the commander in-chief Of the
militia OF the State, in case of invasion or insur-
feeton, 9ctt,at or imninent, can take from the
CORK oil n court his privilege of exemption fropi
military duty"
This IS not the law. Section 40 Of the
Code Of Tennessee says, ''the clerks of
the courts" are exempt from military du-
ty. Section 323 says, clerks of the chan
Gerry courts are appointed by the chancel-
Tors and hold their offices for six years
The two sections would read thus: Clerks
of the chancery courts who are appointed
by the chancellors. and hold their Office
for six years. are exempt.
Take ,Jndge Gaut's la.y, and it would
read thus: The deputy CLERKS of the chan
Gerry courts who are appointed by their
nrincinal clerks. and hold their offices at
The VIII of tbeir employers, are exempt
The law hooks carefully distin guisll the.
clerk from tLe deputy clerk. but Judge
Gaut viii not doso, He Ignores the dept
~ or rather he ignores the clerk and
makes the deputy take his place.
But more OF this last extract from the
Opinion. By section 40 of the Code
clerks not Deputy clerks-are exempt
from militap spvice-. except in cases
OF invssIop 81 insurrectiop," and by sec
l p 81,
on the militia Is eridence of an instruction
or invasion 50 as 20 take away the priv
lege Of exemption. These sections mean
this: When the State is invaded clerks
are not exempt. If the Governor makes
his requisltlon on the militia, it is eU;-
dence of the invasion that already existed
and which took away the right Of ex-
emptiGn. It's the inUasion, ansbnot the
yeqaisitioa, that takes away the right
When the invader comes, the right is
gone, even though the Governor should
never make his requisitiou. Well. is the
State oil Tennessee invaded? Judge G2ut
may not think 50, but with two thirds of
the State in the hands of Lincoln, and
much of the other third in the hands of
Lincoln's friends, most persons would
conclude that it was an invaded State
If then. in fact. the State is invaded, the
clerks themselves much less deputies
are not exempt from military duty
| need not remark, that to meet This
invasion Gov. Harris did make his requi-
Sition on the militia-the order, so far as
know, remains unrevoked, and the in
vasion has been continuous to this day
Here is an INVASION, and the eciieace of it
the Governors reqdiSition. BY the
Judges own argument the right to ex-
emption IS gone, and every clerk in Ten
nessee is, by State law, liable 10 military
duty. That being So what says the act Of
Congress on which the Judge relies to
save McllllIin? The officers judicial
and executive of the Confederate and
State governments. : < = :; = erccpt. Suci
qSate obices az tie sccc7ui States hare eecltrc{
or may hereafter declare, Gg ioao 10 be HabLe
to niiUil dtY, are exempt. BY our State
law, clerks are now liable to militia duty.
and consequently are not exempt from
conScripron. Thus the laws introduced
4Sudge faut TO save the deputy clerk
from comcrption, show most cOnclusively
rb5t Of s Gita4 s 30 e2n s II mist but
have drank Of the WING :that makes men
mad.
We are through with this Opinion.
Is tiletl Val vic tttN ol lliC
McNIiIlin trial, Judge Gaut also discharg-
ed deputy county court clerk of Brad
lev county, who performed no official act
til after his discharge by the Judge. If
nv information is correct, | call for the
Opinion IL that case.
There is but one clerll of the chancery
court al Cleveland. Who is it? The Off
tal lx- r, =,
years, or the deputy? If it be the latter,
then scripture is fulfilled, and the last is
become first. A deputy is allowed for the
clerks accommodation. The clerk is the
officer He is elected by the people, or
is appointed by the Chancellor; he gives
the bonds, and in his name the business
is done. The law looks to him, holds
him responsible, and gives him the fees.
1t is the Clerk who acts by his deputy-A.
B., clerk, by G. D., his deputy. If the
clerk desires it, he dismisses the deputy,
and the State cannot complain. In the
clerk 5 name, the work is done; in his
name, the ices are taxed; 10 him the law
gives them, and in his name they are col
lected, received and receipted for. The
deputy gets as compensation whatever
the clerk gives him, and no more. He is
simply hired servant or agent. whose
appointment is authorized by law, and
| whose acts are valid when done for the
clerk and in his name. His death causes
no vacancy in Office, and his removal af
fects only his employer.
Much remains to be said-enough ha'
been SAID This paper is already too long
SoUTHRoN.
Yankees Leaving.
/ L. e
- s>rssssN;@ -ll--..-. s<s.l Rifles, duty ii
Westerly Virginia, informs us that the en-