Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1869-03-27
THE JUDICIAL ELECTION-PRO'
TEST DE IUDGE CAMPRELI

OuuSC JOhu II. OdLh ppCli, VI IuC
tenth judicial circuit, has published
the following protest: f
Gentlemen having announced them
selves in the newspapers candidates for
Judge of the tenth circuit, | deem it
proper to respectfully give them notice,
and all whom it may now or hereafter
concern, that do not recognize their
right TO such position before the public
until there is a vacancy in the Office. |
respectfully protest against the Cow
ernsr's ordering an election, and the
election ITSELF ii ordered, and in the end,
if necessary, will contest in the courts of
the last resort the legality of the whole
proceeding | disdain presumption 10
this matter, and profess to stand upon a
legal right, and not only so, but under
the circumstances, think equity is ia my
favor. | claim that the convention Of 1868
conferred uIon the Governor the discre,
ton to fill the vacancy occasiOnCd by
the death of Judge Wisdom, either by
election or appointment, Judge Wisdom
having been appointed by the Military
Governor hold the wording Of the 9TH
section of the amended constitution, 10
connection with the extraordinary oc-
clsion and proceedings Of the conVen-
ton, warrants this claim, and that any
other view is an inconsistency, and
against the letter and spirit of the pro-
eeedings of the convention. But | will
not enter into discussion of the law or
merits of the case, as the object of this
publication is to forestall the law of
estoppel. JOHN A. CAMPBELL,
Judge of the 10Th Circuit
SPRINGFIELD, March 20, 1869
Judge Campbell is we believe the
only appointee of the Governor
who has claimed to hold on to his
position by virtue of that appoint
ment. We are glad he has ex-
pressed a determination to test the
matter of his right to hold on to
the Office before the courts. We
sincerely hope he will do 50, and
that he will bring the case up in
such manner as to settle the quea
ton of the right of the Governor
to fill a vacancy by appointment
OF by ordering an election as it may
suit his whim 1t is very desirable
that we should have a decision upon
this point, so that the legality of the
acts of Judges who have derived
their authority from an appointment
by the Governor shall be settled.
Gov. BrownlOw asserted his right
to appoint Judges and Attorneys
General under the section Of 1.-The
amended constitution cited by
Judge Campbell Some of the best
legal minds in the State have eX
pressed the opinion that the Gov
ernor possessed no such power as
Brownlow claimed and exercised.
There can scarcely be doubt as to
,the correctness of this position
under a fair Interpretation Of the
clause relied upon for the authority
claimed by GOV. BrOwnlow and
Judge Campbell. The section is
the seventh of the schedule to the
celebrations and amendments to the
constitution proposed by the con
vention which assembled in this
city on the 9th Of January, 1868,
and is in these words
d" Sec 7. All civil and military officers
which have been or may hereafter be
appointed by the acting Governor of the
State, are hereby ratified and affirmed,
and they shall continue to hold and exS
ercise the functions of their respective
Offices until their successors shall be
elected or appointed, and qualified as
prescribed by the laws and constitution
of the State and United States.
Clearly this section refers to the
appointments made by the then
acting Governor, who derived his
authority from the President Of the
United States and not from the
people of the State. 1t was so I'M
derstood and accepted at the time
by those who participated in the
convention. Gov. Brownlow was
not an acting Governor, for he
claimed to have been regularly
elected after the ratification of the
amended constitution. ltwas one
Of the widest stretches of power
which characterised the admins !
tration of Brownlew, noted as he
was for bold and reckless usurpa-
tions. We confess our surprise at
Tudua CamDhnll'S construction of |