Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1869-04-20
APPOINTMENTS pI Il ELECTIONS on, ON
.sDoes fhat Account for the MIX fin
( aali the Coceanut?'' iasl. +,

, .sDoes that Account for the MILK 1
arf the Coeeanut?'' iasl.i
To Editors of the Union and American.
4 PULASKI, April II, 1S69.-0ne A. 4
Hyde, Attorney General, by grace Of ar
pointment had case before the Suprsm
Court at Knoxville the.other. day, in whic
he sets up his right by virtue Of said az
pointment against the candidate dull
elected by the people at the late election
and the Supreme Court, it seems, con
tinues the case upon the ground that th
question is q new and difficult one, unit
the next term, the said Hyde holding hi
office in the meantime. ~
i Read the case Of isbell vs. Farris, de
| cided at Brownsville last term, and Off
4 eially published in the Press and Time!
Of March Is, 1869. Is it possible tha
good law in one end of the State i.
not good in the other? What doe:
it all mean? Was it considered
there was some outcome in this mar
hyde? I see from the papers that
there was a large and enthusiastic meet.
| ing held in MarioR county April 5, 1869
in which it was resolved that 'the pres.
ent Supreme Court has won the conf
dence and eternal gratitude of the Amer
lean people, all and sundry." A. A.
Hyde, chairman "Does that account
for the milk in the cocoanut p Oh, no
of course not. .,ia NoNNIT.
| GEORGE F. IsBELL VS.. E. D. FARRIs. l.a
This is proceeding wherein Isbell cons
tests the election of Farris as Clerk of
the County Court of Obion county.
Far-is was elected Clerk, at the regu>
lar election held in March, 1866. At and
before such election, Isbell held and ex~
ercised the Office under color of an cleo
ton claimed to have been held by the
people of the county in March, 1864, purs
suant to order Of the then military Cow
ernor of the State, issued and set forth
in his general proclamation Of date Janus
airy 26, 1864. And Isbell now claims
that by virtue of such election he is en-
titled to hold and enjoy the office for the
term Of four years, as prescribed by the
section IL, of article 6 of the constitution
Of the State, and the Code, section 324,
and that such term is not yet expired.
For the purpose Of this opinion, and
the judgment of this court upon the
case in hand, it may be conceded that
the election in March, 1864, was actu-
ally held, and that Isbell was then
elected, and by virtue of such election
under the proclamation, went into Of
fee and was rightfully entitled so to do.
1t may also be conceded that in the civil
war the sovereign government of the ma
ton, having by military force made con-
quest and holding firm occupation by
such force of the country within the
scope and boundary in which the war
existed, possessed the belligerent power
to organize and enforce the government
of the people within the country so &C.
cupied, and as means OF so organizing and
enforcing government, may rightfally
appoint suitable functionariss, directly
by the military commander of the
forces occupying the country or
through the agency Of elections held by
the people themselves pursuant to the
orders of the military officer in cons
mand. 1t must nevertheless be held that
functionaries elected hold their offises by
the military power and no longer than
the war comes to an end and peace is res
stored, and the regular movement of the
municipal government of peace is estab>
lished.
Such regular movement of the munich.
pal government of the State must be held
to have been re>established in respect Of
the Office in question here, at and by the
regular election in March, 1866, in the
county of Obion.
The military Governor who issued the
proclamation pursuant to which was held
the election of March, 1864, was appoint
ed by the President of the United States,
and the Secretary of War, by virtue of
the power vested in the President in the
time of war as Commander in Chief OF the
armies Of the national government. The
powers exercised by the military Govern
or to establish government over the
people in the manner prescribed by the |
proclamation of January, 1864, find their
sanction in the public law, which aathOr-
ICES the sovereign belligersnt, in o civil |
war, to exercise upon the insurgent people
to some extent the belligerent powers
sanctioned by the laws of war in the
case Of an international war. The laws
Of war authorize the occupying cOnaueror
to organize and establish government |
over the people Of the hostile country
subdued and held in firm occupation.
The government so established endures
for the time the belligerent occupation
continues, and ends with the restora-
tion of peace and the resumption Of the
regular municipal government of peace.
In this view of the controversy be-
tween the parties no question remains
that the official life Of the clerk holding |
Office by virtue Of the election of 1864
came rlghtfully to an end, upon the elec>
ton of Farris at the election of March,
1866. 1t can, therefore, be matter of
no consequence to the old clerk that he |
was denied the right to introduce evil |
dence of his election on March, 1864.
The 7th section Of the schedule to the
Of the constitution ratified |
Feb. %, 1865, likewise may we'll dispose
Of the controversy between the parties
here. The section referred to declares
that "all civil and military officers which |
have been, or may hereafter be, appoints |
ed by the acting Governor of the State,
are hereby ratified and affirmed, and
they shall continue to hold and exercise |
the functions of their respective offices
until their successors shall be elected or
appointed and qualified, as prescribed by
the laws and constitutions of the State |
and United States. .... ..
lsbell was one of the civil officers an,
pointed by the acting Gov. Johnston. A
plain implication is found in the 7th Sec /
ton, that his Office shall cease upon the
election of successor, as prescribed by
the constitution and laws of the State.
Affirm the judgment Of the court be-
low, and remand the cause for such pro-
ceedings there as may be proper to in
vest Farris with the Office Of Clerk of
the County Court OF ObiOn county, and
for such other proceedings as may be
needful to enforce his rights in the prem
ises. HENRY G. SMITH, Judge.
CARD FROM CAPE sILAs F. ALIEN.
We very cheerfnlly give place 10 the