The Union flag. [volume] (Jonesborough, Tenn.) 1865-187?, 1867-10-25
JONESBOROUGH TENN FRIDAY, OCTOBER 25, 1867

this law, the 40th Congress assembled
and organized on the 4th of March
last, and held two sessions prior to
our election In August, at which this
State was unrepresented. The i'm
portance of having members present
to aasist in, the organization of a. leg
islatiye body and to take their appro-
pirate place upon the different COM
mittees, is one that you are not like
ly to over-cstimate. :;
In view, therefore, Of this state Of
facts, recommend that you change
the time Of holding the Congressional
elections so as to bring them on be-
fore the close of the preceding term.
Perhaps either the month OF, October
or No7ember previous wouldrbe foand
the most convenient, and would 9ob-
respond with the usage Of most OF
the otEer States.
TIE JUDICIARY. y
Possibly no teatue Of the Govern
mont was more harshlg criticised
during the late canvass, than the
tenure of the Judiciary The Sched-
uel to the Amended Constellation
provides that "alI civil x x officers
who X X may hereafter be appoint
ed by the acting Governor of the
State, x shall continue
to hold and exerise the function of
their respective offices until their sue
cessors shall be elected or appointed
and qualified" The section, taken as
whole, embraces military as we'll as
civil offices, ard previous as we'll as
subsequent appointments. The OBJ.
iect evidently was, in the condition OF
the State at that time, to confer upon
the Executive large discretionary pow
ers in providing the people with ju-
dicial and ministerial officers. This
was the view of your predecessor,
who by Joint resolution of the goth of
May, 1865, after reciting that, during
the greater part of the war all civil
tribunals had been closed and most
of the officers holding Office had will
fully abandoned the same, requested
the Governor, as soon as in his opin-
ion he deemed it advisable, to issue
his proclamation ordering elections
to b5 held ii the respective counties Of
the State where such VACANCIES have
occurred, requiring tie people of the
State to fill such vacancies in pur-
suance of the laws of the State; and
in the meantime, until such elections
are held. that he proceed and fill the
vacancies by the appointment of suit
able and proper persons, until their
successors shall be elected and quail
flied.
Though we'll aware that such ac-
tion of the Legislature could confer
no additional powers, l nevertheless
accepted it as their opinion of what
powers belonged to the E4PcutiVl
| in, the premises. AS such, and in the
absence of judicial decisions, | regard.
ed it entitled to great weight, and
have acted upon it. Most o. the Of
icels have been elected, except the
Judges of the Supreme and Chan
Gerry Courts, and most of the Judges
of the Circuit Courts, the Attorney
General and Reporter, and most o.
the Circuit Attornies General.
These have been appointed anc
commissioned for their respective of
fetal terms. This action was brought
prominently IN view before the people
by the press and upon the stump, and
they have passed upon II. Sustained
by their approval, shall continue
.he same course; and as vacancies oc
car from time to time, shall ordel
elections when in my opinion it il
advisable, otherwise fill them by ap
pOintmeht. -
; By section lO of XI article of tht
Constitution of the State, it is declar
ed to "be the duty OF the General As
sembly IN all future periods Of thi
Government, to cherish literature anC
SCIENCE The last Legislature no
bly, responded to this imperative duty
so far as common schools are con
cerned. Great benefits may justly
be anticipated from this enlightened
Legislation. But respectfully sug
gest whether the Legislature has per
, formed its full duty under the Con
stitution, and whether the wants @
our people and the character ofou
State do not demand that our tw
State Universities shall be placed o
higher and firmer ground of use!u
ness. They have long insisted tha
the State is equitable indebted
them a considerable sum of money
and in view of tho noble purpose fc
, which this money is demanded,
! recommend that this claim of th
two State Universities be investigi
, ted by your honorable body. Br
indepenent of this claim, ] hold tbs
, it is the duty Of the Legislature,
, the means of the State will justify
/. to provide for the higher brancht
; of learning as we'll as the lowe
: Common schools and Universities
Z tho highest grade 60 hand in hant
= One cannot flourish in q state will
}. out the other. The Universiti'