The Athens post. [volume] (Athens, Tenn.) 1848-1917, 1868-09-11
Our Supreme Court.

on the Bench of our Supreme Court occasioned
by the resignation Of the Hon. Samuel Milli-
gan and the Hon. Horace II. Harrison. The
office being of the greatest Importance of any
in the State, every citizen should feel deeply
interested in having these vacancies filled by
suitable persons, and in the mode prescribed
by law.
Who are eligiblep and how are the vacancies
| to be filed?
The Constitution and laws of the State pro-
vide and require, that "the Supreme Court
shall be composed of three Judges, one of
whom shall reside in each of the grand divi-
sions of the State" "shall be thirty-fve years
of age" and shall have "been citizen of the
appointment or election"
"The Judges of the Supreme Court shall be
elected by the qualified voters of the State at
large" and " shall be elected for the term of
eight years" (See Const., Art. 9, Secs.2 3, 4.
The election shall be held on the 4th Thursday
of May every eight years, counting from said
day in the year 1854.
"Whenever q vacancy occurs the Governor
shall an order an election by issuing proper
|
tice thereof (by Proclamation for two months
] by publication in a newspaper in each of the
grand divisions of the State. and the writs
shall issue to each sheriff in the State" who
shall Immediately give notice of the time,
place and object of such election" &c. "In
the mean time the Governor shall appoint q
suitable person to fill the office until the cleo.
ton of successor" (Code, section 49,
Hence, we conclude that whenever a Ud-
cdncy occurs in the office of Judge of the Su.
preme Court, Circuit Court, Chancellor, OF
Attorney General,) the Governor shall first
order an election, and then ("in the mean
time" he shall appoint suitable person tC
fill said office until successor is elected and
qualified.
1t is insisted by few persons, not all Of
them lawyers, that under the It'll section Of the
Schedule to the Amendment to the Constitu
ton, ratified by the people on the Odd of Feb
ruary, 1865, the Governor is empowered to fill
any such offices by appointment-the appoin
tee to hold the office for a regular term, as i
elected by the people. or until the Governor
deems it proper to order an election and there
by terminate his tenure of office.
The 9TH section reads as follows:
"All civil and military officers which hav,
been, or may hereafter be appointed by thu
acting Governor of the State, are hereby rati
, fed and affirmed, and they shall continue t.
hold and exercise the functions of their re
, spective offices until their successors shall b
, elected or appointed and qualified, as pre-
scribed by the laws and Constitution of tn
, State and United States" The acting Gov
, ernor, Andrew johnson, was q Military Gov
, crnor, never having had even the color of al
r election to the office, and his appointments re
, quired this constitutional ratification to max
them valid. They were null and void unit
they were thus made legal. Those who wer
G merely officers de .facto, were thus made Of
/ ticers de jure. When the Convention submit
: ted this It'll section to the people for ratificf
e ton, and when the people ratified the same
i was well understood to be the appointments
:. the then acting Governor which were rattle
Y and affirmed. No one even insisted that IL
appointments Of Governors to be elected yea
i thereafter were thereby ratified and atlirme
i Neither the Convention nor the people ev,
: intended to confer such power to any Govcrnt
t to be elected in the future-they never inten,
/ ed that future elected Governors should hay
O the power to appoint Judges and other office
: to remain in office for the regular term or
n be removed by ordering an election at al
J. time he might desire their removal. This Sc
It ton of the Schedule conveys no such meal
: ing-thc people of Tennessee never intendc
&c it should. Yet this power has been, and
h still being exercised freely by our present Go
Il ernor. Will Governor Brownlow fill the tw
vacancies by appointment simply? or will
order an election and then make an appoin
ment to fill the office until the election is hel,
viii he consult the Attorney General for Il
=, State on the subject and endeavor to carry OF
l. the true intent and meaning of our fundame
Is tai laws? MAX.
y Athens Sept. Sth 1868.