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

I
stltuti0n Of the Sta e" and the "prescribe.
laws and Constitution" say "The Judge
shall be elected by the qualified voters re
siding within the bounds" Of the "Distric
OF Circuit" snd whenever a vacancy oc
curs in any OF the Offices" of Judge s'th,
J Governor shall order 81 election, by issuing
/ proper wits Of election, 10 fiji the vacancy
/ giving notice thereoLs Csr any prOposi
lion Be more clearly demonstrated? I? I thinl
not. l. IS SO clear there is no room fol
mistake. Torture the language Of th,
| Schedule IS you may, it can only be inter
/ preted 70 invest the ''1ctizq 6sveruor'' O
the state with the appointing power con
| iered on the Governor Dc jzrs by section 81.
/ Of the Code Of Tennessee, and therefore
temporary appointment Is all that could b
made, even if this wss a case reSched BY ths
purvisw Of the law, which ] insist il is net
as I viii pres ally show.
And your Honor Will remember that thS
law oresting the lTth Judicial Circuit
provides for the judges Of the several
circuits from which it is taken, d
continue 20 hold the Courts in the
counties heretofore sttschsd 70 their respec-
tive circuits until Judge is elected and
qualified 20 hold the Courts in the l7ih Cir
cuitl Why make this provision, Il the Gov
ernor was 70 app0int the Judger He could
appoint at once, aud why not provide f,r il,
il ths qualified voters were 10 be driven
from the b lot-box aud the Governor per-
mi.ted 70 usurp the p0Eers, By the consti-
tuition and laws, delegsted % the people.
Assuming, then, that I have properly in
terpreted the laws and constitution OF the
State, and the 7lh section Of the Schedule
TO which reference hss been had the ques-
tion comes up, are the judicial appointments
hanar Aras sha 10
they coufer authority upon those 70 whom
they are given o exercise the functions Of
the Offices TO which they are appointed
Is your Honor a Court known 70 the con-
stitution and laws Of the STATE And have
you the right TO cause the defendant to be
put upon his trial Il viii be remembered
that secording to section 3lj Of the Code,
the Governor has power 20 make temporary
appointments 10 81 vacancies, but nothing
further.
For the purpose Of argument, 7 will con-
cede thai the 3th sectoa Of The Schedule
int uded TO exteud this authority 20 the
Governor, snd that he has power 20 al vs.
cancies. BIT dos this meet the case under
I think no.. Because no
existed in the l7th Judicial Circuit
Il was created by the presen. Legisa ure.
II WIS the sstsb lshment Of an Inferior
JUs ge had ever flisd the offce--it is an
original ofics--and, the eioEe, vacancy
,0sld exist, and tee assumed fact stated in
ouS HOuor's commission that, " Where
ss, yacancy bss occurred IN the Seven
een.h Ju iciSl circuit" ETC., is IN
iirect conflict with the truth OF hist ry
"a eaten phrase 70 induce the people 10
iband0u their rights guaranteed by the
avs and Constitution, AID consent 20 n one
nan power in the governments OF Tenues-
ee. Tn Judge has 10 zoe elected by the
.ua fled voters residing within the Circuit
.eiore be can come here clothed With au-
hority 20 t-y tho righta II the deiendani. 7 |
lave as much legal authority 10 p eside !
ere n this csse a. yo-r Honor, because |
b defendant uss bvsll,d himself Of the |
ecessary pleas Your hoaor very we'll i
,nows I have ID disIespect for This our,
le. sonslly, but nv elisnt. have rights here,
I'd l Undertake 70 say that he most this
,oust can hope 10 Al ain would be he dg
" OF 8 Court De fact0, where 20 pleas wslo
led it. Iuri diction. Hsving ben a.
10 ntsd IL oIrect con rEventlon Of he Con-
utusi and laws, this curt becomes a
.surper Whenever it attempts 10 exerc &c
ne functions Of the Office OF Judge. The
Xercise OF this extr ordinary power by tho
overuOr canuO- be justified ei her BY the
avs snd Constitution or exiE encies Of the
ines. Ths days Of usurpsIoL under the
're,ext OF necessity I f5udly tru8l sre gone
brewer. We have q written Constitution,
which al Of our public officers sre sworn to
upp0rt, and the laws staud a. q flaming
word to pr2iec. il from E cutive encroach-
leuts. There il, then, but one way TO make
Judge authorized TO srrsign and try the
efendaut, snd that is for " tic qualified
3terS % eject SucA Judge, by balloL, in the
anne manner members Of the General As
embly are elected" Such is the Jonsutu-
ion. Such is the law Of the land. Such 4
re the rights Of the people. Aud, If the /
leas sre Oyerruled, We have an appeal 70 q
lgher judicisl tribunal.
Bat It is given out from Nashville, and l
resume the argument viii ba introduced /
ere, that 1t is b dangerous precedent 70
ermit she people 10 elect their officers
1at it will result in electing rebels, aud
nercfore the Governor IS justified in exer-
icing this power, contrary 70 the law, con-
-sry 10 the constitution, contrary 70 the
enIus and spirit Of our government /
-ould respectfully inquire, where is the /
ranchise Law, we were told, would purify 1
he elective system, keep treason from the /
oils, and place loyal men In Officer Where Il
the candidates' test oath, which was pro- ]
laimed to be an eiiectual guard against /
islOyal aspirations, OF entrance into officer Il
lave these proved ialluresy But, did NOS
be people elect the Governor Did they 4
OF elect the Legislature2 VIII they not /
iect successors 70 thest2 Thea why abuse
be trust reposed BY them when It can ac-
omplish NJ good2 There are not ff;y dis
1yal voters IN the 18th Circuit. The six
ounties composing il are not only as loyal
s any ak counties in the State, but as loyal l
s any SIX counties in The broad limits Of
be Union. But, are we % be denied our
.ghtsf Are our privileges 10 be Withdrawn
tom US because the rebels Of some other
scti0n OF the State have forfeited theirs7
they have sinned aud cannot be trusted
they are 10 be punished, why not with
old from them all they have lost, and per-
lit US 10 eljoy that which We have shown
lrselves worthy 70 have, and the eby re-
lard the faithful, and set az example 70 the
isobsdisntG Why Punish Ihe loyal for
hat traityB have done2 IL conclusion.
in remark, that I have malice toward
one, but charity for q ], and have discussed
lis subject neither to sngendsr strife, or 70
rouse consternstion,. but 10 raise q legiti-
late question for judic al lnves igation, and
} ascer ain whelner The ugula and powers
tho people ore gone, and the present
Uvernor wrapped IN The s0lituds Of his
"a originality" is 70 reign a aeepterod
'o.afch "giyisg dscrses ON his throne"