The Athens post. [volume] (Athens, Tenn.) 1848-1917, 1868-07-03
The Att0rney.Genern Of the
Fourth Circuit.

FOuTth SlTcuIts
A short time ago an election for Attorney
General was held in the Fourth Judicial Cir
cult, under a proclamation emanating from
the Governor. There being SOME doubt among
the profession as to whether an election could
be legally held under the circumstances, but
one candidate otfered-A. j. TREwBITr-and
few votes were polled. The incumbent, A. A.
HYDE, who occupied the position by virtue Of
commission from ANDREW JOHNSON, while
acting in the capacity of Military Governor
of the State, gave notice that he would contest
ground that no vacancy existed at the time;
that his, and other appointments Of the Mill
tary Governor, had been confirmed and appro-
we'd by a Convention purporting to be in the
name of the people; and that therefore Gov.
Brownlow had no authority or color under the
law toissue an order for an election. At Chats
tanooga last week the matter came upin Judge
ADAMS Court for adjudication, and was ably
and deliberately argued on both sides. We an
mex so much of the decision of the Judge as
is necessary to proper understanding of the
conclusion at which he arrived:-
Under the Constitution of 1884. the Attorney
General for any Circuit or District shall be
elected by the Legislature but by the Amend
ed Constitution of 1853, the Attorney General
shall be elected by the people of the District,
See Code, Article VI. Sec 5, Page 43,) and
shall hold his office for six years. In case of u
vacancy, by death, resignation, removal, or
other cause not otherwise provided for in the
| Constitution, 1t shall he filed in such manner
as the Legislature shall direct. (See Code,
PaCS15; Article I, Sec. 4, of the Constitution.
Then, upon this particular question, we must
look to the action Of the Legislature as to what
action has to be taken by the Governor in the
case of vacancy. the Constitution being ST.
lent on the subject. Section 1923 of the Code
provides in cases like this, that the Governor
shall issue his proclamation for such election.
In this case, the facts show that the Governor
has done so.
Was the act of the Governor valid or inva-
lid? think he was well warranted by the
Constitution and laws in doing So. The ap-
pointment by Andrew johnson of Mr.. Hyde,
| and other officers as acting, or military COVER
nor, was questioned. The trainers of the A.
mended Constitution in 1861 simply intended
| to make his acts just rs much valid. and no
more as il no rebellion had ever existed. and
as if the same act had been done by the Gov
ernor of the State de jure. This being so, the
authority of Andrew johnson to appoint was
only until a successor should be elected and
qualified according to the Constitution and
| laws of the State, and the Amended Constitu-
| ton did not purpOrt to satisfy and confirm
more than Andrew Johnson had done. This
brings us to the question, what was the char
| acter and extent of his appointment and conf
mission of Mr. Hyde? The commission itself
tells us that he was appointed to fill a vacancy,
and to hold until his successor should be elect
ed and qualified, not for six years, not to fill
| an office de nOUO, but to vacancy, and to
cease when successor should be elected and
qualified.
Upon the second question. can the caredt or
contest. be entertained in this Court? l think
not. The objections to the induction of the Of
| ficer elect under the proclamation of the Gov
ernor. is one unknown to the law, if it can be
regarded as of any force or effect at all. 1t
would be in the nature of contested election.
and if viewed in that light, the contestant, or
heretofore acting Attorney General, cannot
make the issue in this Court, the contest must
be made in the Chancery Court. (See Code,
Section S93, in which the Legislature express
ly declares that contested elections of this char
acter shall be tried before the Chancellor, and
his action certified to the Secretary of State as
presented.in the subsequent sections.
| 1t follows, therefore, from this view Of the
case, that A. A. Hyde, the former Attorney
General. PRO tempore,, has no right to inter.
pose any objection in this Court to the qualiti.
cation and Induction into Office of A. j. Trew.
hitt the Attorney General elect, that the latter
viii Ge ihducteu in,0 ONCE according to TIT
forms of law, and that the action of the Gov
ernor. in ordering IN election in this case, wa
constitutional and legal. and is sustained.
The costs will be paid by A. A. Hyde, wht
has made the objection.
The case was argued for contestant" by A
A. HYDE and j. b. COOKE, Esqrs.; for TREw
HIT. by Judge G. w. RowLEs.
We learn that Mr.. HYDE appeals from tn,
decision of Judge ADAMS to the Supreme
Court; and retains the Attorney GeneralshiT
until result is reached before that tribunal
he giving bond in the sum of three thousand