Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1869-04-17
The "Ku-KIuX Oath" and The
Amended Constitution.
Important Proceedings i'm The
supreme Court.

From the Knoxville Press and Herald, I3th.l
Yesterday was the return day Of the
alternative mAndamus, granted by the
Supreme Court against A. w. Howard,
Criminal Judge of the First Circuit, uOOn
the petition of II. H. Iugersoll, ESa
Howard did not make his personal APP
pearanee, but sent in his answer and en-
tered bis appearance through Msj Brit
ton, as his attorney.
His counsel stated that Howard was
willing now to vacste or set aside the
rule he had entered requiring attorneys
to take the Ku-KlUX oath in his court, if
proceedings were stopped against him.
The Court and counsel for petition as
sented to this, upon Msj Britton pledg
ing himself, as counsel for Howard, that
the .eBforcemeut OF the rule would not be
further attempted and, therefore, the
cause was continued until the next term
of the Court. Meanwhile Howard is ta-
ken on probation"
We are under pledge to publish How
ards answer, provided two responsible
gentlemen would guarantee that it is
Ho wards own production. We have re-
ceived no such guarantee, but We have a
copy OF the answer, and we are thor
Oughly satisfied of its genuineness witt
out any proof additional to its internal
evidences. II is a voluminous document,
and we regret that we cannot make room
for it this morning. It shall appear ia
due time, and will make 3 valuable addi-
tioa tn the Judicial lore" of the State.
On saturday, the case Of A, A. Hyde
vs. A. J. Trewhitt came on for hearing,
each gentleman arg ling his own cause
The facts Of the case are these: Mr..
Hyde was appointed and commissioned
Attorney General Of the Fourth Circuit
by Gov. johnson on the % h of June.
1864, was inducted into Office and is yet
in the active exercise Of It's duties. In
April, 1858. Gov. BrownlOw, by procls-
nation, ordered an election in the Fourth
Circuit for Attorney General, to be held
on the 30dh day of May, 1858. withoui
reference to the incumbent either in his
or in his writs OF election.
At the election, A. ] Trewhitt was the
only candidate, Nc Hyde insisting that
there was nc vacancy to suthorizs q spe-
cist election. Mr.. TreWhitt feeeIyed
some four hundred votes sltogether in
the seven counties, ana received q com
mission bearing date June u, 1858. At
the June term Of the Law Court at Chst-
tauooga, 1893, Trewhitt presented his
commission and applied to be qualified
and inducted into offife. This spplics-
tion was resisted by Mr. Hyde, and an |
issue was N sde up of record. The cause |
was tried, Judge Adams presiding, the |
Court holdiug that Trewhitt was the |
legal and proper Attorney General, from
" hich holding Hyde appealed to the Su- |
premssCourt. The question arises upon |
section Of the schedule adopted in 1865. |
which after ratifying and affirming the |
made By Gov. Johnson,
declares that the Off so appointed |
shall continue to hOli and exercise the
Iunctions Of their rtspec i've Off res until
heir successors shall be elected and Quail |
fled, ss prescribed by the laws and con-
the State. The constitution
provides that the Legislature shall fix
he time for holding general elections,
and for special elections to ill vacancies
. that may happen by death, resigna-
ion or removal" The election u1der
which Mr.. Trewhitt claims was not held
IN the day fixed for ths general election
)f Judicial officers, and the question be-
ore the Court is, was thexe vacancy I.