The Nashville daily union. [volume] (Nashville, Tenn.) 1862-1866, 1866-02-03

time the vacancy occurs and the tine oI
holding elections, to Ell such vscancy. Il
: can mean nothing more ANY other con
siruction would be giving q construction
= never intended, wholly unwarrznted BY the
Constitution, and perfectly Tidieulousi Civ
ing il this broad and liberal application, the
inference, not 10 ssy conclusion, is irrresi isli-
bic, that proper writs OF election referred q
!. in section 3l2, are 70 be issued simultaneous
With, u not previous to, the temporary
= appointment Of the Suitable person" wh0
-t IS 70 be appointed in the meantime to al
-s the vacancy until 8 successor is elected
. Plain as are these constitutional aud legis-
latiye requirements, the present Governor
| has entirely ignored them in assuming %
b | appoint your Honor as Judge Of the ITih
: Judicial Circuit Of Tennessee. Having made
q the appointment in violation Of the constitu-
tion and laws Of the Stale, BY usurping the
powers reserved by the people, the Cover
nor has assumed the sovereignty of the
qualified voters, and the question now is
whether His Exceileney, ". c. Brownlow,
/ is King, having the sovereign power OF the
Z people transferred TO him, or whether the
d people yet retain the powers eonfded to
E them By the constitution, and thereiors have
! | the right 10 elect their Judges by ballot in
I the same manner that members Of the Cen
. eral Assembly are elected. This s,the ques-
. tionl Therefore insist, with sll due respect
/ for the Court, that this 'siE not q G0urt
{ kn0Wn 20 the constitution and lsws Of Ten
nessee," sn6 that the pleas should be sus-
taired, and the defendant permitted to 90
hence without day, until such time ss legal
Court may require him 10 answer the charge
OF the state.
However, It will be argued by the distin
guished gentleman who is 20 follow me. that
the 7th Section Of the Schedule, adopted with
the Amendments 20 the Constitution on the
23d day Of February, 1883, vests the Cover
nor with such authority as justifes him in
disregarding the constitution and laws which
have been quoted. IL is in these rds:
"Section :. All civil and military officers
who have been or may hereafter be appoint
ed by the Acting GOUernOT Of the state, are
hereoy rathed and affirmed, and they shall
continue % hold and exercise the functions
Of their respective Offices until their success
sors shall Be elected or appointed and guGii-
JSed as prescribed By ths tatss and eo1stifztloH
/ Of the State and United States"
The pr per aud plain inter qretation Of
this section OF the Schedule, will demon.
strats that It was no: int ded to invest he
| Governor with any powers vxlra0rdinary or
otherwise. Il has no reference, either ex-
| press or Implied, to legally eIec ed Cover
/ nor Of Tennes ee IL refers exclusively 10 |
the II " Aetisg Governor" And sw John- |
son. Aud why2 cause he was Briga- |
/ QleE GeueEaAs anu pN virus OF lls luillLafy /
| oEice and power he had assumed the func- /
tons Of the office of Cove nor, con rary 10 /
the constitution ana laws Of the State q
| SC iUiLE the me hod Of inducing such Oih- /
Ger into the Gubernatorizl chair. he had /
sppoiuted certain civil officers OI the state L
| and ommiss .oned others in the military /
service. all % when was kind OF necessary |
usurpation And when the convention sub
mi,ted this Schedule TO the people, and they
HI - I
20 legalizs and maze valid the acts Of
mill ary fhclr wpO had assumed TO PR
firm he IuDctions o. Governor, ana whose
set were wholly void unIess they were |
"ratifed and affirmed by the people.
All avs, whether constitutional or legis-
lativs ensctme Is, must be eon=trued ac-
cording 10 the intent or Of the power max
ing them. Every tody knows that ne.thcr
the convention, OF people, ever dreamed Of
this section Of the schedule being applied
TO the G vernon, bus 10 the g. Aeti1g Gous--
nor" who had become Governor Dc |act9,
b. performing ths duties wli . pert4iusG,
in a more iInmIneu. gr @, 70 Governor
de jurs-though he had trsnscended even
the powers Of Governor dc JEre.
Iu other words, Andrew johnson, being
military officer, had, as already more THAI
intimated, usurpe1 the powers Of a civil
officer, and ted as Governor Of Tennessee.
" o were even A4lGAl IA y aAaA9 u NAAaNaa a AAN
" Acting Governor was compelled 60 exer-
else a kind Of mixed authority, a sort OF part
military ana part civil, ia order to restore
the old state OF things. We we're IN tran
sition from Military TO Civil government,
and il was essential 70 authorize the "Act-
ting Governor" 10 do certain acts, the right
60 perform which Pertained to the PeoP.e.
Andrew Johnson had been elected Vice
President Of the United States, and il was
his desire to put all the machinery Of State
in motion before he abandoned his position
of " Acting Governor, and it was the object
Of the Convention and people to confer the
power upon him to spp0ins necessary obi
GERS, that he might Immediately accomplish
this purpose. He could act AS Governor no
longer than the 4th day Of March follow
ing, and vas therefore precluded from any
very great abuse Of power thuS conferred. It
was SO argued by the author ofthe schedule
when it was presented TO the Convent on
He stated that the ''Act.ng Governor" had |
come into power by "the exercise of ques-
tiouabie powers" and it was intended eE-
pressiy 70 ratify his acts and make binding
his official COnduct.' lt was distinctly I'M
derstood in the Convention, and afterwards |
50 proclaimed from the stump, by those who
urged the people 70 adoptit al the polls, that
the 9TH section Of the Schedule was tempo
rary in its character, and was void when
ever q Governor &c Jare should be elected |
and iuducted into Office. 70 fact, the |
author Of this document stated 70
the Convention, as the published de
bates will show, that tho entiro Sched- !
ule would cease 10 be operative as soon
IS the State government was organized on |
civil basis. Hence the phrase "Acting |
Governor" was used to contne It's spphca |
tion 70 johnson as the Acting governor" Of /
the State, in contradiction 70 a regularly |
elected Governor Ge JlrC- And so Andrew /
johnson understood u then, and 80 he un-
derstsnds It now, for We ind him placing |
this Interpretation upon IL in the very pro-
clamRtion that announced its adoption By !
the people. After rsoiting the amendments
and schedule as ratified, ne ssys, There
fore, /, Andrew johnson, Military and |
Acting Governor Of Tennessee" &c. He
does not say 81, Andrew Johnson, Gov
ernor," &c, ss does a regularly elected |
Governor dc Jtre, but adopting the meaning |
Of those who made this schedule and ap-
Piled the Ith section TO him he uses the |
phrsse "Acting Governor" whenever he /
EXPIRE ses his tale, aud slludea 70 his su-
thority. THE construction eompoFts with
the authorities, ss we'll a. the dignity Of |
common sense The present Governor is
q Governor dc jRre, and not an "Acting |
Governor" merely. de does not say in auy
Of bis State papers II W. G. B ownIow,
Acting Governor Of TCunessee;" but, 81,
W. ". BROW AflNEruuL OF led EEaeeea I
He does not use the Phrase acting" at all,
nor should he, because he is Governor
legally, aud coustitutionally lnducted into
oflce. He 10 q Governor 70 al intsnts AID
purposes Webster defines @sc.ing'' 10
mean one who is ''rcprsssnfing tie character
Of another" johnson then, IS "AcunE
Governor" represented the character OF )
Governor de jirc, but BTowniow docs not
represent such a character, uecsuse he is ths
I -. a.
this langusg. can be- usde o apply =. him.
W. have q assume he . not q regularly
elec ed Governor, but e urp ?, havirF
zeiz The rsius 1f power con ray T. the
constitution and laws Of the Stats, sud
thereby represents the Character OF a Gov
ern dc 5-~c. olciusions which involve
such abaurdities viii hardly us seriously
urged.
Therefore, Governor BrowElov osn derive
10 authority from thai part Of the Schedule
under considerat.0ui wh eh says: "Ali civil
and militia = oa.c.r rs who have beer. OF nav
hereafter be srp iutsd BY the sAc.iaq Cor
erHor' o. the safe, are hereby rauted AID
alhrmod, etc.
The question then resolves itself into this.
IL the present Governor Is O Governor le il-re
as ascent be e., he is not Governor Ge
facto nor en- "Actsng G0vern7r'' 10 any
sense Q the terms, snd here ere can claim
nothing one way or another from this Sec
ton Of the Schedule, and ls forced to cor
form h.- oitcial action to the constitut On
and laws already cited Therefore be had
10 sntherity q commission this Court, and
send u here 70 try causes and determine
rights, and the demurrer should be over |
ruled, and the pleas sustained
But admitting, for the sake of argument,
that the IN Section Of the Schedule does !
spPly 70 the Governor who new presidss at
Nashville in all Is scope and force, what
ever h ny L--.Ln----uE Lh.L IN ~. |