Brownlow's Knoxville Whig. [volume] (Knoxville, Tenn.) 1866-1869, 1868-07-08
Opinion Of Judge Adams in the Case Of a. ].
Trewhitt, Attorney General Elect, VS.. A. A.
HYDE. the Present Tneumhent

Hyde, the Present Incumbent.
The facts in this case far necessary 10 be no.
ticed are these Prior 70 the commencement of the
late rebellion there existed in the 18th Judicial Cir
cult Of Tennessee an Attorney General duly elected
and qualified, according to the constitution and laws
Of the State. During the rebellion the Office became
vacant, by the death of Z. NJ Walker, who was
killed during the war, and this fact the Court will
take judicial notice Of according to the we'll estab-
lished doctrine as laid down by Mr.. Starkie in his
treatise on Evidence. Upon the same principle.
the court viii take notfte Jb8t IN 1862 during the
rebellion, Andrew Jonson was, by the Government
/ of the United States, constituted Brigader Gene
raj and ordered to the State Of Tennessee as Mill
tHry Governor. 20 the end be might such officer
restore civil ORDER ald that in the discharge of
these duties, he caused meeting of the people of
the 4th circuit 10 be held in Chattanooga the 22d
day Of June, 1864, TO indicate 10 him who TO ap-
point 10 FL the vacancy Of the former Attorney
General, as well as other judicial officers. That
such meeting was holden, and in conformity TO the
will of the people expressed by the con ventioR
on the Oath day Of June, 1864, be commissioned
A. A. II de as such officer. to fill such vacancy
until hs successor should be elected and qualified.
at the time this was done the Office and powers
Of military governor were unknown to the Amer
/ lean people, and in Tennessee the same was ques
toned by the masses OF the people. On - day
Of -, 1866, the people Of the State met in conven-
ton at Nashville, for the purpose Of amending the
constitution and in doing go in order to give peace,
inspire confidence and restore order, they ratified
and confirmed the appointments Of Andrew john
son az military governor, &C. &c.
On the ed OF February, 1865, the Amended Con-
stitutiOn as proposed was adopted and ratified by
the people of the State Thus matters so far this
] case involves inquiry rested until the - day Of
-, 1868, when the Governor &c 5Te w. g.
BroWnow, Issued his proclamation Tor an election
by the people Of an Attorney General for the 9TH
Judicial Circuit the election was holden, and a j..
Trewbitt was elected without opposition, and has
been duly commissioned and applies TO be indicted
into oee according to the forms Of law which ap-
plication is opposed by Mr.. Hyde, the former ap-
/ pointee. The first question upon the facts which
exist, is whether rs has apy right TO oppose the
formal induction into Office OF tho Attorney General
elect
Second, If so, are his objections tsnable
In order TO decide these questions it IS necessary
TO look TO our Constitution and various amendments
thereto and acts Of assembly under them and in ac-
cordRnce Herewith il is unnecessary TO notice the
provisions Of the Constitution of 1895. But it is
| important 10 examine the provisions Of the consti-
tuition Of 1884, 1883 and 1895, and 20 see how con-
stitutiona law as applicable to this Is alse 10
the various acts Of Assembly under those amend
ments.
! Under the constitution Of 1884 the Attorney Con-
eral for any Circuit or District shall be elected by
the Legislature but by the amended constitution OF
1853 the Attorney General shall be elected BY the
peOple Of the District (see Code Article vi Sec 3,
page Az and shall hold his Office for six years In
case Of vacancy By death, resignation, removal or
other cause not otherwise provided for in the con-
stituton, il shall be tiled in such manner IS the
Legislature shall direct, See Code page 45, arti-
/ Gle Z sec. 4 Of the constitution.
Then, upon this particular question we must look
to the action Of the Legislature TO what action
has TO be taken by the Governor in the Of va
eancy, the constitution being silent or the SUBJECT
Section SIS Of the Code provides in cases like this,
that the Governor shall issue his proclamation for
IL 81 hat lao
/ Governor has done So
Was the act Of the Governor valid or invalid p
1 think be was well warranted by the constitution
and laws n doing So The appointment by Andrew
johnson Of Mr.. hyde and other officers, as acting
or military Governor, wae questioned, the trainers
Of the smended constitution in 1865 simply intend
ed to make bis acts Just as much valid and no more
/ IS If no rebellion had ever existed, and IS il the
same act had been done by the Governor Of the
/ State de jgre This being go the authority Of An
drew johnson 70 appoint was only until successor
should be elected and qualified according 10 she con-
stitution and laws of the State and the amended
constitution did not purport TO satisfy and confirm
/ more than Andrew johnson had doH& This bringi
% thu question, what was the character and en-
tent Of his appointment and commission Of Mf.
/ Hyde2 The commission itself tells us that he was
appointed 20 Gil vacancy, and 70 hold until his
successor ahcHld be elected and qualified, not Tor
six years, not 10 Ell office dc fOvo bat 70 q "a
cancy, and y cesso when successor should be
eA6SstA ana aHALue4.
Upon the second question, can the oaveat OF con-
test be entertained in this court Think not The
objections % the induction Of The officer elect under
the proclamation Of the Governor is one unknown
to the law II s. can be regarded as Of any force Oh
effect az all Il would be 10 the nature Of q con.
tested election snd If viewed in that light the con-
testant or heretofore acting Attorney General can
not make the issue 10 this court the contest mus!
, be made in the ChsnCery Court See Code, Sec.
ton s95) in which the Legislature expressly de-
ciares that contested elections Of this character
saall be tried before the Chancellor and bis action
certified 20 ths Secretary 81 State presented in
the Subsequent sections.
II follows therefore, iibm this view q the ease
that A. A. Hyde the iorsAer Attorney General Pss
feaDore has no right 70 interposo any objection "
tbis court 10 The qualification and induction ints
oaice ol a. J Irewhitt, Tie Attorney General esai
mat the lnitos viii be nducied into oiaee see9raif
10 the forms q law, and that to action O ne oo
error. Ii ordesiag an election 10 this case was con
ssitufioral and LEGAL and 3 sastaine1.
me cosse viii be paid b. IA 3 Hgae Tho ni1