Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1869-04-29
LETTER FROM ATTORNEY GEN
EtH ERAL HYDE.

appointments of Judicial Officers
What lie Claims Under Section
seven Of she Schedule.
10 the Editors of the Union ana American q
JASPER, Tenn, April &c, lS69.-My
attention has boon directed to a
communication by "Nonnit," published
in your issue of the 10Th inst. The
writer refers TO a cause pending in the
Supreme Court at Knoxville, in which |
am party-works up state Of facts to
suit his purposes, and then intimates a
corrupt combination between myself and
the court, to secure the nomination of the
present Bench.
As | am not politician, and enter
tanning no blissful anticipations in that
direction, what may be the opinion of
'NOnnit" or those likely to be influenced
by him, is a matter of the most profound
indifference TO me- yet | deem it my
duty TO yindicste the members of the
court, most uhjustly assaulted, not, how
ever, with view of manufacturing capi~
tai for either, or all of them, in the PEN
ding election, but only to do them a
simple act of justice in the premises.
bhA lbiuDhb auO5b Ntilnu6llil
disposes OF the case Of zone A. A. Hyde,
Attorney General, by grace of appoint
ment,' by referring to the case of Isbell
VS. Farms, evidently chuckhng with self
satisfaction at the cOnclusiYeness OF his
argument Perhaps "NonniC' will some
day learn that the facts Of case have
something 10 do with the pertinency of
authority. A brief reference to the facts
in the cause he so promptly decides, will
show how far your correspondent under
stands Of what he assumes to speak.
was appointed and commissioned Ate
torney General of the Fourth Circuit by
Andrew johnson in June, 1864, which
appointment was one of those ratified
and affirmed" by sec. Z of the schedule
was properly indicted into the Office,
and have continued to exercise its duties
ever since. Whilst so acting, proclama>
ton was issued, dated April, 1865. or
dering an election, to be held on the Both
day of May, 1868, for an Attorney GEM
eral of the Fourth Circuit, without ref
erence to any incumbent, past or pres,
ent The election was held. A. j.
Trewhitt was the only candidate, receiV-
ed but very few votes, and was COM
missiontd in June, 1868. At the June
term Of the Law Court at Chattanooga
Trewhitt made application to be indicted
iato Office, which l resisted An issue
was made up of record. The court sus-
tanned Trewhitt, and | appealed.
As required by the constitution, the
Legislature has by law fixed time for
holding elections-ior Attorneys General
every six years from the 4th Tuesday in
May 1871, land when q vacancy occurs, 8"
code sec. S23) Thus the election in
contest was not held in the year, nor on
the day, fixed for general elections. The
remaining question is without reference
20 tenure), wa there VacdRcH, which
alone can authorize a special election?
No lnterregnum can occur by lapse of
time because the schedule officers las
well as all -others) "coatiRue to hold'
until their successors are elected and
qualified as prescribed BIZ the cOaSti
tHtiOR and TAGS. Art VII sec. Of the
constitution defines what is q UGcdRcg,
and in Brewer as Davis 8 Hum. 20S, the
Court declares the law TO be, that.
THE right 10 hold an election cannot
east, or be exercised aUith0W an cT.
press grant Of the pOwer 10 10 so, by
the Legislature" The Hon. Thomas
Ii. Caldwell holds a commission Of tho
same character, and about the same date
as mine. Ii my office has become
vacant, he ceased to be a legal officer
ST the same time. did not intend tC
th,A Inf L., a.
that "Nonnit" either willully, or ignor'
an'ly misreprcsents the facts, ain OLE
end Of the State" His case of Isbell %
Farms is as good authority in the settle
ment of the Alabama Claims As in tn,
application he gives it.
Your correspondent gleefuIly insinu,
ates, that the court were ccrruptly con,
trOled in their action, by the influence
might be able TO exert, for, or agains
them. 1t was 8 special term of b.
court, and its primary object was to clesl
the criminal docket, of parties in custody
IL was announced, that no causes would
be taken up after Saturday, the l0tl
inst, as Judge Smith was compelled t.
leave for home on that day. With thi,
view the civil causes OF the 4th Circuit
were continued. On the oh it was an,
nOunced, that as both parties in thu
Attorney General case from the 4tl
were present, and anxious to have it dis
posed of, that it would be tax en- up, if i
could be reached. Criminal causes oc
cupied until IL O'Clock on the 10Th
when the cause in question was argued
and the argument concluded barely il
time for Judge Smith to reach the on
O'Clock P. NJ train. Constitutional qGes
tons which had never been directly ad
Indicated in Tennessee, were involved
there was no time for the examinatio
of authority or consultation; and seem
10 me, that under the circumstances tn
court could not have done otherwis
than 10 hold the case over as they diC
If there was any bargain, or CORFU