Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1868-12-13
LEGAL.
Decision, Of the supreme Court of
Tennessee. at Brownsville, April
Term, IS6s.

DecAshons % inc SMPEtHc SOs<As ",
| Tennessee. at Brownsville, April
Term, 1s6s.
George f. Isbell VS.. E. D. Farris-
This is proceeding wherein Isbelicon-
tests the election of Farris as Clerk oil
the County Court of Obion county.
Farris was elected clerk at the regular
election held in March, 1866. At and
before such election Isbell held and ex>
ercised the office under color of an cleo
ton claimed to have been held by the
| people of the county in March, 1854,
pursuant to order of the then Military
Governor of the State, issued and set
forth in his general proclamation, of date
January 26, 1864. And Isbell now
claims, that by virtue of such cleo
ton, he is entitled to hold and enjoy the
Office for the term of four years, as pre-
scribed by the section Ii of article 8 Of
the constitution of the State, and the
Code, section 324, and that such term is
not yet expired.
For the purpose of this opinion and
the judgment Of the court upon the case
in hand, it may be conceded that the
election in March, 1864, was actually
held, and that Isbell was then elected,
and by virtue of such election under the
proclamation, went into and held the Of
fee, and was rightfully entitled SO to do.
1t NAV also be conceded, that in the civ
il war, the sovereign government OF the
nation, having by military force made
conquest and holding firm occupation by
Il 81 Ha a
scope and boundary in which the war ex-
listed, possessed the belligerent power to
organize and enforce the government of
the people within the country so occu-
pied, and as means of so organizing and
enforcing government, may rightfuily ap-
point suitable functionaries, directly by
the military commanders of the forces
occupying the country, or through the
agency of elections held by the people
themselves pursuant to the orders Of the
military officers in command. 1t must
nevertheless be held, that the functiona-
ries so created, hold their offices by the
military power, and no longer than the
war comes to an end and peace is re-
stored, and the regular movement of the
municipal government of peace, Is re-es-
tablished.
Such regular movement Of the munici>
pal government of the State, must be
held to have been re-established, in re-
spect of the Office in question here, at and
by the regular election in March, 1866,
in the county Of 0bion. The Military
Governor who issued the proclamation,
pursuant to which was held the election
Of March, 1864, was appointed by the
President of the United States and the
Secretary War, BY virtue of the power
vested in the President in time Of war as
Commander In Chief Of the armies of the
nation. The power exercised by the
Military Governor, to establish govern
ment over the people in the manner pre-
scribed by the proclamation of January
7, 1864, finds its sanction in the public
law which authorizes the sovereign bel~
ligerent, in q civil war, to exercise upon
the insurgent people, to some extent, the
belligerent powers sanctioned by the
laws of war in the case OF interna-
tional war. The laws Of war author
ize the occupying conqueror to organ
ize and establish government over
the people of the hostile country,
subdued and held in firm occupation.
The government so established, elndures
for the time such occupation continues
and ends with the restoration OF peace
and the resumption of the regular NUM-
cipal government oil peace.
In this vieB Of the controversy be
tween these parties, no question remains
that the official life of the clerk, holding
Office by virtue Of the election of 1864,
| came rightfully TO an end, upon the cleo
ton Of Ferris at the regular election OF
| March. 1866. 1t. can. therefore be
matter of no consequence to the old
clerk, that he was denied tbs right to
introduce evidence Of his election in
March, 1864. :,
The seventh section Of the schedule
| to the amendments Of the constitution,
ratified February p, 1866, likewise may
well disprove ofthe controversy between
the paties here. The section referred
to, declares, that "All civil and military
officers which have been, or may hereai
ter be appointed by the acting Governor
of the State, are hereby ratified ant
affirmed, and they shall contlnu
to hold and exercise the function
of their respective offices until thei
successors shall be elected or sp
&pointed and qualified as prescribed b,
the laws and constitution Of the State
and United States.
Isbell was one Of the civil officers az
pointed by the acting Governor johnson
a plain implication is found in the 1t
section, that his Office shall cease uPo
the election of a successor, as prescribe
by the constitution and laws oil IL
State.
Affirm the judgment Of the court b.
low. and remand this cause for such pr
ceedings there as may be proper to Il
vest Farris with the office OF Clerk
the County Court of obion county, al
| for such other proceedings as may
needful to enforce his rights in the pr
misses. HENRY G. SMITH.