McClelland v. Shelby County

Citations

• 32 Tex. 17

Syllabus

<p>1— The powers conferred on the Chief Justices of Counties by Articles 1067 and 1068 of Paschal’s Digest, relating to the removal of county seats, are political in their character, and not judicial; and hence, any complaints arising out of the action of those officials, in the exercise of such powers, were cognizable by the political authority of the State, and not by the courts.</p> <p>2— The case of Walker v. Tarrant County, 20 Texas, 16, to the same effect, cited and approved.</p> <p>3— See the opinion with reference to the transmutations of political authority in Texas, in consequence of the Act of Secession and the ensuing hostilities.</p> <p>4— During the incumbency of Provisional Governor Hamilton, from July 25th, 1865, to August 20th, 1866, he represented the Executive Department and the war power of the United States, and was vested with the powers of a conqueror over the conquered in Texas. Therefore, what he, during that period, declared to be law was law, being “prescribed by the supreme power in the State.”</p> <p>0—The proclamation of Governor Hamilton of July 25th, 1865, had more of a legislative than of an executive or judicial character.</p> <p>6— By Section 6 of that proclamation it was declared that the general laws and statutes in force immediately preceding the 1st of February, 1861, were to be respected and enforced. Among those general laws was the statute of May 9th, 1838, comprising Articles 1067 and 1068, above referred to.</p> <p>7— The Legislative power was not in abeyance in Texas during the Provisional Government. It resided in the military authorities of the United States.</p> <p>8— Held-, that this court has no jurisdiction of the subject matter of this suit.</p>