The Bolivar bulletin. [volume] (Bolivar, Hardeman County, Tenn.) 1865-1888, 1868-07-25
IMP0RTANT nEcTsI0N.

Chancellor Steele Declares that No +
Ofice-Holder in Tennessee was Con
stitutionaIIy Elected
Below will be found the decision Of Chan
cellor Steele in the Barry and Lauck cleo
ton case at Gallatin. When It is borne in
mind that Chancellor Steele is a radical, this
decision becomes most extraordinary:
THERE WAS a VACANCY.
It was alleged and earnestly and ably ar
gued, that there was no vacancy IN the Office
Of Chancellor at the time the election was
ordered and held, and that, as a consequence,
Judge Barry was still Chancellor Judge
Steele discusses this alteration at great
/ length, and concludes thus I" 1t results,
therefore, that the Governor has no power
to appoint any Judicial officer for C0Tsti
| tUtiORaI term but only until such time as a
| successor shall be elected or appointed and
qualified. But the time aCHe7t a successor
may be elected, the Governor may determine
THE FRANCHISE LAW AND STATE GOVERN
MENT.
It was argued that the franchise law is
unconstitutional and void, and indeed, that
the SuperstructuIe Of tie whole State gov
eminent rested upon an Illegal foundation.
| The opinion says: 3" | regard this argument
| as essentially unsOund when brought to
] practical bearing IN this case, The princi-
pal ground relied on was that the convention
Of 1865 Was an unauthorized body; had no
power to amend the Constitution, or estab-
Iish government, and consequently the
Legislature that assembled by the authority
Of that Constitution and under the amended
Constitution, had no authority to pass the
franchise law The logical and inevitable
conclusion following upon this Is, that there
Is no government In the State at all The
contestant (Judge Barry has no right to the
Office Of Chancellor, nor to make this con-
test, for whatever right he has here is de-
rived from this illegal and uneonstitutional
source. And it would be the bounden duty
: of this Court to dismiss his petition, only
that the Court itself derives its authority
from the same source, and must retire from
its position for the want of any power to act
! in the premises
WHERE WAS THE SOVEREIGNTY OF THE STATE
DURING THE WAR
{ The learned counsel asks where the SOW
ereignty of the State was during the war
The answer Is that it attempted to assert Its
sovereignty against the greater sovereignty
/ of the Government of the United States, was
] taken prisoner, and as paroled with liberty
to make some new rules for its future gov
eminent, which was done in January, 1868
and which rules were approved by its cap
e tor, and then was restored its former liberty
2 THE ELECTION WAS NOT HELD ACCORDING tx
Y Law.
There were some thirty-fve civil districts
Z in which the polls were not opened. Al
: election thus held is. not according to law
7 This is the Judgment of the Chancellor
e But he says it Is only declarat0f3, and Is no
likely to have any influence on the situation
; in Sumner. 1t leaves Judge Lauck in thu
Office Of chancellor. 1t declares that Judg
Barry term has expired.
i, ALL ELECTIONS IN TENNESSEE ILLEGAL
But the machinery of society has beer
found so much out of order, that but few,
q any elections have been held according T.
d the requirements of the law. Indeed, it
) believed that there is not an officer in tn
State, from the Governor down to the small
est county officer, who holds his Office unde
Z an election held IN accordance with all tn
d requirements Of the law; and yet the peopl
n have, In quite a commendable spirit quleu
4 submitted to these Irregularities, as a ger
eral thing, and the highest interests of Sc
+ cety demaBded that they should do so, fo
e upon it depended, and still depends, the YER
e existence of civil Government In the State.
4 On the whole the Judge concludes that b
can simply declare his opinion that he car
p not question or go behind the Governor
% COulLltSSIOu -tnu tIldUi as u l4det6t u COu4S
Is Judge John G. Lauck Is still Chancellor c
\ the Seventh Judicial Division of the State.
y Judge Lauck has appealed from the d.
Is eisiOn of Chancellor Steele, to the Suprem
t Court.
g Commenting upon the above, the NasF
le vile Banner says:
d With all due respect to Judge Steele "
1t say this decision comes unexpected, and "
% sincerely hope it may not be the means {
n his decapitation. Such an example Of judi
II cial integrity was not looked for from a rad
IS cal court, and it leaves room for the belle
re that there is at least one man upon til
"a bench in Tennessee who cannot be CO.
, rupted, and who is not afraid to do his duty
d Tie praise Of all honest men Will folio
him for all time.