Nashville union and dispatch. [volume] (Nashville, Tenn.) 1866-1868, 1868-01-03
TEE CIRcnrr rnnGEsHrp.
The Competency OF Judge Cary-8e-
ply 20 Judge BrIen-A Gard frons
Hon. Horace N. Harrison.

AAE SAhSUlI JUDGESAlR.
The Competency OF Judge Cary-Re-
ply 20 Judge BrIen-A Gard fronl
Hon. Horace n. Harrison.
am unwilling to see the injustice which
think is done Judge Cary in Judge
Brien's card, Published in the UNION AND
DISPATCH of the 3lst ul4, done the former
without a reply.
Judge Cary is a man of good ability,
a fair minded, juss aud honorable man, and,
as I honestly believe, win make rs a good
and impartial Circuit Judge.
He was commissioned as Judge Of the
County Court Of Sheboygan county, Wis
consin, by Gov Bashford, on the 18th
day of January, 1857 was admitted to
the bar Of the Supreme Court Of Wiscon-
sin, on the 10Th clay of October, 1859; set
tied in this city and commenced the prae>
tice of law in Januaty, 1864. He pur-
| chased valuable real estate in this county.
and has long since become permanently,
identified with this community az A citizen.
Judge Brlen states in his card that Judge
Cary is ineligible and will aot be COM.
mlssioned If elected, and that while mem.
Der OF the Senate he created This iitff,
one county circUit," as he terms il. "ex.
pressly for himself and then has the
efrontry to resign and run for it before his
two years as Senator has expired"
Judge Brien, in order to show that
Judge Cary is ineligible, quotes the :o-
lowing provision of the constitution:
" No Senator or Representative shall, du-
ring the term for which he was elected,
be eligible TO any Office or place of trust
the appointment of which is invested in the
Executive or the General Assembly, ex
cept TO the office of Trustee of "a literary
institution"
Judge Cary was a Senator from thia
county; was elected fer two years from
August, 1867, aud might not be eligible to
the the office Of Judge of the new circuit
composed of the county of Davidson, if the |
appointment of that Office was vested in the
Governor or Legislature But such is not
the case. For, by the provisions Of the act |
creating the new circuit, the Governor il |
directed TO order an election for Judge of |
this circuit; and there is no case where |
the Governor, under the constitution or
the law, has power to appoint judicial Off, |
GERS save in the case of vacancy occa-
stoned by death, resignation or removal. |
Ihls election is not ordered to ill va
cancy, but to elect, for the first time, Cir
cult Judge for this new circuit.
1t is clear that Cary is eligible
Judge Brien is mistaken in what he says
about Judge Cary's having created the Of
fee expressly for himself" 1t was gen.
orally and earnestly desired by very large
majority of the bar of this city that an act
of the Legislature should be passed max
ing Davidson county a judicial circuit.
1t was a necessity growing out of the de-
lay in reaching cases on the docket of the
Circuit Court by reason of the fact that
Judge Brien, with all his industry could /
not even call ali the cases in the time al
lowed him before going TO Franklin at each
term. | became somewhat active in the
matter of securing the passage of the law
at the express and earnest solicitation of |
large number of my brethren. / drew the
bill and requested Judge Cary to introduce
the bill in the Senate, and Mr.. Kerchiyal
to introduce il ia the House know enough
about the history of the measure
to be able to state that Judge Cary did not
create the office expressly for himself The
charge in Judge Brien's card that Judge
Cary created the Office for himself am
satisfied is unwarranted, because / know
that after consultation with some leading
of the bar, l went to Judge Cary
and urged him to agree to become a can
didate. He distinctly stated that he would
not consent to run unless the idea was fa-
vored by the bar, as he would not be willing
60 force himself on the members of the
profession. Thereupon quite number ofthe
bar signed a request to Judge Cary to be-
come a candidate, and it was handed to him
as an expression of their desire that he
should be candidate, and of their conf
dence in him.
/ have said what / have in Justice to
J Judge Cary, because / deem it due to him
and to the cause of Justice and truth.
Judge Brien, when he made his ehaste
and powerful argument against Judge Cary,
on the Public Square a few evenings
since, gave the crowd to understand
that he was no longer candidate, but he
has announced himself again as a candi-
date, and evidently, from his card, expects
10 be in position to contest Judge Cary's |
right to a commission from the Governor,
and states in his card that "Governor
Brownlow will not commission Judge Cary
for two years."
will risk my opinion against that of
Judge Brien, and say that entertain no
doubt whatever that Gov. Brownlow wiH
Judge Cary should he be
elected. HORACE H. HARRISON.
Nashville, Jan. lst, 1868.