The Hickman courier., 1868-12-19
Supreme Court Decision.
GEORGE F. IsBELL VS.. T. D. FARR1,

a
This is proceeding wherein Isbcl
4 contests the election of Farrs as ClerL
] OF the County Court of Obion county
! tarris was elected clerk at the reouls,
| election held in March, 1866. At and
before such election Isbell held and ex.
creased the Office under color of an elec-
, tlon claimed to have been held bv the
} people OF the county in March. 1864.
pursuant to an order of the then Military
OF the State. issued and set forth in his
general proclamation, Of date. Januarv
70, 1864 And Isbell now claims. that
oy virtue OF such election, he is entitled
to hold and enjoy the Office for the term
OF tour years, as prescribed by the sec
tion 10 OF article 6 OF the constitution of
the State, and the Code, section 324. and
'hat such ;ern 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 elec-
tlon in March, 1864, was actually held
and that Isbell was then elected. and by
virtue OF such election under the procla-
nation, went into and held the Office and
rightfully entitled so to do.
1t may also be conceded. that in The
civil war, the sovereign government of
the nation, having by military force made
conquest and holding firm occupation bv
such force, of the country within the
scope and boundary in which the war ex-
lsted, possessed the beligerent power to
organize and enforce the government Of
the people within the country so occu-
pied' ana as means of so organizing
and enforcing government, may rightfui.
~ appoint suitable functionaries, direct
ly by the military commanders of the
forces occupying the country, or through
the agency OF an election held by the
people themselves pursuant to the orders {
oi the military officers in command 1t {
must nevertheless be held, that the func-
-ionarles SO created, hold their Offices bv t
ne military power, and no longer than a
ne war comes to an end and peace is re- a
tored, aud the regular movement of the
municipal government of peace, is re- S
established
Such regular movement of the mimi =
lpal government of the State. must be 8,
eid to have been re re-established, in re n
peet OF the Office in question here. Mt O.
nd by the regular election in March. j.
COO, III thO VI ODlOD. Ine
Hillary Governor who issued the proc
lmation, pursuant to which was held -
le election of March, 1864, was ap -. -
ointed by the President of the United ~
tates and the Secretary of War by
lrtue of the power vested in the Presi. hi
ent in time of war as Commander-in- ye
hief of the armies of the nation The va
he power exercised by the Military
oyernor, to establish government over do
lie people in, the manner prescribed by NJ,
e proclamation of January z, 1864.
lds its sanction in the public law
hich authorizes the sovereign bellig as
ent, in a civil war, to exercise upon be
o insurgent people, to some extent. SAL
e beiligerent powers sanctioned by the ha
VS. of wal in the case of internation-
war The laws of war authorize the pr
enpying conqueror to organize and es- 60,
oiish government over the peonle. of
e hostile country, subdued and held
firm occupation. The government so NIL
tablished, endures for the time such ant
cupation continues and ends wifhtbe COZ
'toration of pence and the resumption
the regular municipal government Of Tic
ace. a..
In this view of the CONTROVERSY be. for