Handlin v. Wickliffe

Supreme Court of the United States
Handlin v. Wickliffe, 79 U.S. 173 (1871)
20 L. Ed. 365; 12 Wall. 173; 1870 U.S. LEXIS 1177

Handlin v. Wickliffe

Opinion

■ The CHIEF JUSTICE

delivered the opinion of the court.

' It is. too clear for argument that the appointment of the relator as judge was purely military, authorized only by the *175 necessities of military occupation, and was subject to revocation whenever, in the judgment of the military governor, revocation should become necessary or expedient. The adoption of the constitution during the war, under military orders, and the election of Hahn as governor, did not affect the military occupation, in the judgment of .the national authorities, for Hahn was appointed military governor by the President. If the situation was not changed, Hahn, as military governor, had the same right as his predecessor to revoke the appointment of judge. If it was changed and the civil constitution of the State was in full operation, independent of military control, the authority derived from the appointment by the military governor designated by the President ceased of. necessity. The office became vacant, and Halm had whatever authority the State constitution conferred to enforce the vacancy by removal, and to fill it by a new appointment. We are unable to approve the reasons assigned for removal, but we cannot doubt the power. The judgment of the Supreme Court of Louisiana is there-' fore

AFFIRMED.

Reference

Cited By
4 cases
Status
Published
Syllabus
The*appointment by Brigadier-General Shepley, during tbe late rebellion, of W. W. Handlin as judge of the Third District Court of New Orleans, then occupied by the government troops and under a military governor appointed by the President, was an appointment purely military, authorized only by the necessities of military occupation, and subject to revocation whenever, in the judgment of the military governor, revocation should become necessary or expedient. It was accordingly revocable by Governor Hahn in his capacity of military governor (which he was by appointment of the President), in case the adoption of the constitution (which some asserted was adopted), during the .war under military orders, and the election of Hahn as governor, did not affect the military occupation; and in case it did, and bring a civil constitution of the State into full operation, independent of military control, then the authority derived from the appointment of Brigadier-General Shepley ceased of necessity, and the office became vacant.