Nashville union and dispatch. [volume] (Nashville, Tenn.) 1866-1868, 1867-06-01

from the Governor on the subject And
in the meantime, we advise the institutu-
ton cf suits at law for damages in every
case Of such outrages.
-
JUDGE HOUK ON BROWNLOW'S
JUDICIAL APPOINTMENfS - HE
SHOWS THEM TO BE UsURPA-
TIONS, AND VOID.
Judge L. c. Honk, who tits understood
is soon to take Stokes place in the can
vass with Etheridge, and defend Brown
lows administration through East Ten
nessee is about to place himself in a very
unenviable attitude For a Judge to
come out of the temple Of justice 10 enter
into partisan brawls is disgraceful, but
for Judge to descend from the bench
and champion the claims of such a man
as Brownlow is inexcusably disgusting.
For Houk to do it. after proving Brown
low to have exercised the unauthorized
appointment of Judges, and assumed the
powers Of a despot, contrary TO his oath
to support the constitution, is adding a
degree of inlamy to the Judicial charae-
ter hitherto unknown in our annals. The
way in which this person, Houk, came to
thus stigmatize Brownlow as a usurper
and exercising the functions of King in
Tennessee, was this:
The Legislature in 1865 created new
judicial district, the 18th, and Brownlow
appointed Judge for it. Houk was an
attorney in that district, of which Camp
bell county was part James Sniddy
at the September term 1865 of that court
was indited for assault and battery and
employed Houk to defend him At the
January term 1866, Houk put in a plea
of abatement and suspension, because
the tribunal is not court known to the
constitution and laws of Tennessee, and
there Is no Circuit or other court organized
for the county Of Campbell, or the 18th
judicial district of Tennessee The plea
was demurred to, and Houk's argument
of the question before the court was
printed, from manuscript furnished by
himself, in the Nashville Union Februa.
ry 3, 1866 The following extracts from
that speech viii show how he looked on
Brownlow's judicial appointments, his
plea being based on the proposition that
the Governor had no power 70 appoint
Judges, and that bis appointments con-
ferred no rights upon his appointees.
He says
1.-THE liberties Of free people can only
be maintained by a rigid scrutiny of the Of
fetal acts of all public officers; and when
occasion demands their action should re-
ceive careful judicial investigation, that
the rights Of the people may not be usnrped.
In the case at bar, the question
is raised as to the authority of the Cover
nor to appoint Judges and other, officers
heretofore elected by the people
The constitution, art 6, sec. 3, says
| The Judges Of such inferior courts as the
Legislature may establish shall be elected
by the qualified voters residing within the
bounds of any district or circuit to which
such inferior Judge or Judges, either of
law or equity, may be assigned, by ballot
| in the same manner that members of the
| General Assembly are elected The 5th
| section of the same article uses similar
| language in reference 10 the election ofthe
| Attorney General for the State in any CIR
| cult or district No fact could by posi-
bility be more specifically stated than is
here expressed, giving the election of these
| Judicial officers to the qualified voters of
the districts and circuits to which they be-
| long. The constitution does not even au-
| thorlze the Governor TO make temporary
| appointments in the case of judges because
the people, having the sole right TO make
judges through the medium of the elective
franchise, unlike the Legislature which
holds It's sessions biennially, they are
always situated so they can act and elect
whenever vacancy occurs. The
constitution provides for holding elections
for the State and county officers. And the
Legislature proceeded to enact the time
see Code, sec. S23. Now, il is pre-
sumed that none will be so bold as to affirm
that any power exists anywhere according
to these constitutional and statutory proyi-
sions, except in the qualified voters, to con-
fer authority upon any one to exercise the |
functions of Judge.
"Plain as are these constitutional and |
legislative requirements, the present Gov !
ernor has entirely ignored them in as |
Stunning to appoint your Honor as Judge Of Z,
the seventeenth judicial district of Ten !
nessee. Having made the appointment in I
violation of the constitution and laws of |
the State, by usurping the powers reserved /
by the people, the Governor has assumed l
the sovereignty of the qualified voters, and |
the question now is, whether His Excel |
lency w. q. Brownlow, is king, having |
the sovereign power of the people trans
ferred to him, or whether the people vet /
retain the powers confded to them by the !
constitution, and therefore have the right |
TO elect their Judges by ballot in the same
manner that members Of the General As /
sembly are elected? This is the qnes-
ton
'Is your Honor a court known TO the |
constitution aud laws Of the State?
The assumed fact stated in your HonOr's !
commission, that, whereas a vacancy has |
occurred in the seventeenth judicial circuit !
etc, is in direct conflict with the truth of |
history catch phrase to induce the peo- i
pie to abandon their rights guaranteed by |
the laws and constitution, and consent to a /
one man power in the government Of Ten
nessee.
Having been appointed in direct con-
trayention of the constitution and laws, |
this court becomes a usurper whenever il |
attempts TO exercise the functions Of the |
office Of Judge. The exercise of this ex-
traordinary power by the Governor cannot !
be justified either by the laws and constitu-
ton or exigencies of the times. The days |
of usurpation under the prete1t Of necessi- |
ty, ! fondly trust are gone forever. We !
have written constitution which all our |
public officers are sworn TO support, and !
the laws stand as flaming sword TO pro- |
tect it from Executive encroachments.
Il have discussed this subject neither TO
engender strife, nor to arouse co1sternation, |
but to raise a legitimate question for judi |
cial investigation, and TO ascertain whether |
the rights and powers of the people are |
gone, and the present Governor, wrapped |
in the solitude ofhis own originality is TO |
reign as an accepted monarch, giving de- !
crees from his throne
The argument of Houk was SO effec>
tive as to cause Brownlows appointee to
resign, and Brownlow's own consterna-