Brownlow's Knoxville Whig. [volume] (Knoxville, Tenn.) 1866-1869, 1867-10-09

tne Close OF the preceding term. AoI.1P- S !
! tho month Of October OF November previous Nouio
be found the most convenient, and would correspond
with the usage of most Of the other states
THE JUDICIARY.
| possiblv no feature of the Government WAS more
harsbI criticised during the late canvass than the
tenure Of the Judiciary. The Schedule to the
A-aended Constitution provides that ali civil .
officers who may hereafter be appointed By
the acting Governor of the State,
shall continue to hold and exercise the functions Of
their respective offices until their successors shall be
elected or appointed and eualHedv The section,
taken as whole, embraces military as well civil
officers, and previous as well subsequent appoint
ments. The object evidently wss, in the condition
Of the State st that time TO confer upon the Execu-
tive large discretionary powers in providing the
people with judicial and ministerial officers. This
was the view Of your predecessor who by Joint
resolution of the 10th of May 1865, after recting
that, during the greater part OF the war al civil
tribunals hsd been closed and most Of the officers
holding Office had willfully abandoned the same re-
quested the Governor, as in his opinion he
deemed it advisable 70 issue bis proclamation order
ing elections to be held in the respective counties Of
the State where such vacancies have occurred re-
curing the people of the State 70 FIJI such vacan-
cies in pursuance Of the laws Of the State; and in
the meantime, until such elections are held that he
proceed and I'll the vacancies by the appointment
OF suitable and proper persons until their SUCCESSORS
shall be elected and qualified
LuGuBu Well aware LnHt Eucn action or the lIegls-
lature could confer additional powers, / never
theless accepted IT their opinion of what powers
belonged TO the Executive in the premises. AS such.
and in the absence of judicial DECISIONS regarded
It entitled to great weight and have acted upon it.
Most Of the officers have been elected exceps the
Judges of the Supreme and Chancery Courts and
most Of the Judges of the Circuit Courts, the At
torney General and Reporter, and most of the Cir
cult Attornies General.
These have been appointed and commissioned for
their respective official terms. This action was
brought prominently in view before the people by
the press and upon the stump and they have passed
upon It, Sustained by their approval, / shall con-
tinue the same course; and vacancies occur from
time 70 time, shall order elections when in my opn-
ion il Is advisable otherwise eli them BY appoint
ment
LITERATURE AND SCIENCE.
By section % Of II article Of the Constitution of
the State 1t is declared TO be the duty Of the Gen
era Assembly in all future periods of this Govern
ment, to cherish literature and science" The last
Legislature nObly responded TO this imperative duty
SO far as common schools are concerned. Great
benefits may justly be anticipated from this enlght-
ened legislation But respectfully suggest whether
the Legislature has performed its full duty under
the Constitution, and whether the wants of our peo-
pie and the character of our State do not demand
that our two State Universities shall be placed
higher and frmer ground of usefulness. They have
long insisted that the State is equiably indebted to
z n
the noble purpose for which ths money is demand
ed, recommend that this claim Of the two State
Universities be investigated by your honorable body
But independent Of this claim hold that it is the
duty Of the Legislature, if the means of the State
will Justify t. 10 provide for the higher branches of
learning IS well as the lower. Common schools and
Universites Of the highest grade 60 hand in hand.
One cannot flourish in a state without the other.
The Universities ought to furnish teachers for the
common schools, and common schools prepare our
young men for entrance to the higher walks of
learning in the Universities. Such is the relation
between tho two in those States where education has
become universal. Our party Justly claims TO be a
party of progress, and 10 be based on knowledge
and education. Let Us show The world that IN this
State alive to the spirit of the era, and
that we are equal TO our pretensons.
If you should deem it your duty TO aid our two
State Universities, you might require given num-
Der of worthy POOR young men TO be educated from
time TO time free Of expense for a nominal sun,
on condition that they would Afterwards teach
/ given number Of years in our common schools. In
this way many young men might each year pc
/ turned out Of our Universities and sent over the
State to dfuse, through our common schools, the
knowledge they had acquired. Our common school
system would thus become efficient to accomplish
the noble purpose designed for 1t. Without some
plan be devised for the education of teachers, that
system must for several years at least be imperfect
and partial failure.
ACCOUNTS BETWEEN rHE STATE AND THE RAIL
: ROADS.
The entire account of the State with the Railroad
Oompanies-and especially that portion relating to
the Sinking Fund, has been so badly kept, during
the war; and before, that the books very unsat-
isfactory. / advise the appointment Of Commis-
sioners by your body to sit during your session, and
make new settlements with all the roads, that the
books may be made to show all settlements satis-
factory, both to the State and Companies The ex-
pense of such settlement viii be than compen-
ssted for by rescung the accounts from runous OBJ
livion.
1 further advise that said Commissioners be in
structed to look into the disposition made of the
Bonds granted to the various Commissioners in the
State and that they be clothed with power TO send
for persons and papers | have reason TO believe
that in some instances the Bonds of the State have
not been disposed OF according 70 law while il
others the confidence of the State has been abused
and her credit sought to be injured even by ths re
cipiants eff her favors And in all future appropri-
ations to Railroad Csmpanes, lot know the char
acters Of the men into whose hands State bonds go
both as to integrity and loyalty. Meanwhile, let Us
guard against any future increase Of the State debt
by the issuance Of Bonds 10 Railroads. unless il be
in cases where the interests Of the State would su
fer for the want Of further aid.
In the discharge Of my duty, l have appointed
Receivers on Is many as seven Roads, and if the In
promptly met, shall provide guardians for others
II is sn outrage that nearly million Of dollars II
due the State frem these defaultiAg Companies.
rURNFIKE ROADS.
But while I deem it Of the first Importance &
preserve the credit Of the State, and believe ou
present railroads when comPleted, viii be ample to
the wants Of our people suggest for your consid
Grafton the necessity and justice of the adoption
system Of macadamised or turnpike roads for sucl
sections Of the State are without them, and espe
cally for such counties as are remote from railroad
and navigable streams. The peopleot all the coun
ties are entitled TO equal facilities in reaching
market and vet they do net possess such facilities
For example tho counties Of Sewer, Union ant
Hancock have no rSjlrosds either completed or con
tempAted while they bear their equal share Of tn
taxation necessary 10 aid in building sustaining
roads in other more favored counties 1t is but al
act Of simple Justice 10 aid such counties IN som
form in finding cheap means OF reaching mar
ket. a
On general principles the policy Of improving on
county or local roads by the iudicious use Of th
credit of the State can easily be maintained. W.
need now not main lines, bat good local roads lead
ing from county to countys aud reaching the re
noter parts Of the country not penetrated py rail-
roads. These would act as feeders and supporters
the railroads add to the prosperity Of The people
greatly enhance the value Of real estate increase IN
revenue Of the State, and largely increase the ho'
OF immigration. Labor being the great source Q
wealth We must do al can TO attract population
This we can do alone by sfording labor the sam
facilities for reapiug its just rewards that Is atorde
= bv other States We can not expect the people c
other States, when they have good macadamise
roads leading from every county town, TO settl
among us with our local roads impossible nearl
orc half the wear For these reasons ] earnestl
invite vour attention to the confederation of thi
e subject.
2 LIQUOR sRL LING SEAR coLLEoEs
Frequent applications arc being made to the Lee
slaturo by petitions and otherwise for special aci
nrohibitnc the sale of ardent spirits within certai
aistances in the vicinity of certain institutions
; learning. I advise that general law be enacted
ssor5ing this character Of protection TO every co
- snd academy in the STATE We owe il 10 th