Nashville union and dispatch. [volume] (Nashville, Tenn.) 1866-1868, 1868-01-04
APPOINTMENT OF JUDICIAL Of
EICERH


FICERS.
In his card printed in the UNION AND
DIsPAToH Friday morning, Chancellor
Harrison says
"There is no case where the Governor,
under the constitution or the law, has the
power 10 appoint judicial officers, save in
the case of a vacancy occasioned by death,
resignation, or removal. This election is
not ordered TO I'll vacancy, but to elect,
for the first time, Circuit Judge for this
new circuit"
Let us see how the Governor stands in
the light of this opinion of the learned
Chancellor. When Gov Brownlow came
into Office he found Judge Brien dis
charging the duties of Judge Of this Judi
cial circuit, under an appointment from
Military Governor Johnson. Subsequent
" Judge Brien resigned, and Gov. Brown
low appointed Judge John NJ. Lea to fill
the vacancy. After discharging the du>
ties Of the Office for several months,
Judge Lea resigned, and the Governor
re-appointed Judge Brien, who dis
charged the duties of the Office until a
few days ago. The appointment of a jus
dicial officer by the Governor is in con
temptation of law only temporary, for he
is required to order an election " when
ever vacancy occurs" Twice has he
found the judgeship in this circuit vacant
by reason of the resignation Of the in~
cumbent, yet he has treated with cons
tempt the plain requirement Of the con-
stitution and the law.
But there is a stronger case than that
furnished by this judicial circuit By
the act of May 22d, 1865, the eighth
Chancery district was created out of the
counties of Sewer, Blount, Monroe,
Roane, Knox, Anderson, and McMinn.
Gov Brownlow appointed Col Samuel
R. Rodgers, then Speaker of the Senate,
the Chancellor of this new district, and
he held the office until he died Gov.
Brownlow then appointed Col O. ?.
Temple Chancellor, and he now holds
that Office. Here is a Chancery district
created nearly three years ago, yet the
qualified voters have never been called
upon to elect Chancellor
A few months ago two Of the Judges of
the Supreme Court resigned, and imme-
diately afterwards they were reappointed
and commissioned by the Governor, and
still hold their Offices, notwithstanding
the Code, in the article on Judges and
Chancellors, provides (section 3l2) that
whenever a vacancy occurs in any Of
the Offices herein named, the Governor
shall order an election by issuing proper
writs of election to fill the vacancy"
We have referred to only three of the
instances wherein the Governor has dis
regarded the law, and in one of which,
according to Chancellor Harrison, he
had no power to make an appointment,
because there was no vacancy to fill, the
Office being a new one. The Legislature
has created several Chancerry districts
and Judicial circuits, and we believe that
up TO this time an election has been held
in only one, that of Judge Houk, the
remainder having been filed by appointr
ment of the Governor. It thus appears
that the chief lawbreaker in Tennessee
is the chief executive officer Of the State.
Should the acts Of these Judges and
Chaucellors ever be called in question
before a competent tribunal, it is not
difficult to guess what viii be the deer
SIGN.