Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1853-12-20


genuine meaning, is the soul and spirit of the la.r "
Right, justice and equity, according to common
sense, and the best authorities mean the same
thing. When it comes TO establishing a court or a
tribunal, or it may be called by any other name
which Is intended as a standard by which the pre.
else difference can be determined between the con-
tending parties, 1t is imperative on the legislature
10 establish that standard which viii accomplish the
great end as designed in the bill of rights and if II
were. possible to so organize our courts that when
parties came into them to have their differences sd
Jnsted Tor the court and jury TO ascertain what ia
TIE precise equity between the parties, and then to
determine that as the law of the case 'eoui,v he
ing the son and spirit of the LAWN other words
making tue equity Of the case the zato of he caSe
Taking the bill of rights as the foundation for our
courtsthe inquiry very naturally arises as to whether
our courts as now established under the sixth section
first Article of the constitution are in conformity
with the principles herein laid down. This article
says the judicial power of the State shall be
vested IN one supreme court in such inferior courts
as the legislature shall ordain and establish This
provision of the constitution would seem 10 olive
great latitude to the legislature in the orpanizafon
OF the courts. But the exercise of this power nv
the legislature must be in strict conformity with the
principles laid down in the bill of rights The bin
OF rights being the better part Of the constitution
is paramount.
III al HucSbiOlo VI COQUlcL between the
bill OF rights and the constitution, they should be
reconeiled and made to harmonic, if possible but
where there IS final repugnance, the constitution
must give way 1t bearing the same relation to the
bill OF rights that law does to the constitution.
Hence, IN the organization of the courts the leois
sature has no authority under the sixth article TO
depart from this great and fundamental princpe as
laid down IN the bill of rights or the better part of
the constitution
Under the constitution of 1796, judges of the
supreme and inferior courts were appointed by the
legislature to Office, during good behavior The leo
isIature conferred upon the courts chancery and
law jurisdiction, which was exercised by them for
thirty-eight years, or till 1885. The people. after
making this experiment. became well satisfied that
our judicial system was exceedingly defective, fall
ing far short of carrying out the great principles as
contemplated in the bill of rights.
In 1884, the people again, in convention. so
changed the constitution to make it more ia con
iormlty with the great idea of right and Justice by
changing the tenure of all judicial officers from that
OF lie to term of years. and at the same time re-
terring back many other elections to themselves
which had been given up in the constitution of
1896
These changes in the constitution have been eff
tected, IN part, for the purpose of conforming the
courts Of the country, in their whole strueture to
the wants and necessities of the people There has
been evident dissatisfaction with the courts of the
country for number Of years past The people find
fault with the judges, complain of LAWYERS. and
sometimes condemn Jurors afforiing conclusive evil
dence that there IS wrong somewhere: Delay.
expense and perpexiry of mind on the part of the
hugants-confdence in the courts much impaired
IN the pu6he estimation. Under our present sys-
tem an individual goes into what is termed q court
oil law, to obtain justice in some matter of contro-
Nefsy and alter much time is spent and expenses in
Cured, he comes ont Of law with long bill Of costs
TO pay, and II he complains of the proceeding he is
tod That has case was good one but he was unfor-
tnnate III bringing his action in the wrong cOurt
that his remedy is not in law, but in chaneery.-
Another individual brings his suit in court of chan
Gerry, and after Ike delay of time and trouble in
flung bills and hearing answers he is turned out of
court with a long bill of cost and charges 70 nav
ana he IS consoled IN the same way by telling him
his case Is good one, but his remedy IL not in
chancery, but in court of law, there being no
equity IN his case and in this way parties are kent
Oschiaung from court OF chancery to a court of
law, and from court of law to a court of chancerv
until, in the end, if the end ever comes. the snb,
stance Of the parties is nmany instances. consumed
and the gamer Of the suit frequently the loser and
the unfortunate party goes into immediate bank
ruptcy. This Is the manner in which law and eoui-
ty IS administered under our present system of iu
rsprldence, which, IN fact, is the great cause Of
complaint OF the parties who go into our courts to
OBTAIN justice and ofawant of confdenceon the part
OF the people in the courts of law and chancery
Upon this subject | shall take high ground and
assume that the courts can be so organized that law
and equity can be administered by the same court
by the same Judge and jury and at the same time
ana that too without sale, denial or deav.' Let
he courts OF law and ehancery be blended or con- |
'erIed INTO one court ut is not material by what |
name you call It)--Or in other words let the law !
md the equity of the case be heard by the court and
nry at the same time-let the parties if necessary
'e examined IN open cOur-let all the restraints and
'aFrlers be removed-all false issues and collateral
uestlons be thrown aside, aud the cause tried upon
he naked merits involved, and thereby administer
right and Justice to the eontendng parties and lei
hem 60 hence without DELAY.
feel well assured that the people, throughout the
tate expect legislative action upon this subject be-
ore the close OF your session. This is a most pro-
luops time Tor bringing about the change in our
ldIelary, as indicated the people having removed
IL constitutional difficulties that were in the way.
the adoption Of the recent amendments TO the
constitution. There IS now bill before your hon
rabe body, entitled BILL 40 ab7llge and siza,,li
The piead'ngs practice and PROCEEDINGS Il, the coV,1s
justice IN this STATE which will if passed into
w, accomplish much in conforming the practice in
e courts to the requirements of the bill of rights
10 the wants OF the people. In recommending this
II to your favorable consideration. or some one
cry similar IN Its provisions | am not recommend
e new and untrled experiment but one which
Is been tried and approved by many OF our sister
ates 1t will and can succeed with us as it has
lth them II the experiment is fully and fairly made
10 vii, no doubt give general satisfaction here as
has there, by simplifying, cheapening and short
ing the process by which htigants may obtain
lght and Justice"
That the bill referred to has been prepared bv its
ginator with great care and much labor, is mani
u to all who will give 1t careful examination. |
1t is believed, after passing the legislative ordeal
u be so improved as more closely to approximate
: intentions and design of those who framed the r
Institution The leading principles of the meas
now recommended TO your favorable consider 4,
on, have been advocated by me since nv first
rance into public life, in the 1885; and nv re- 70
'tlon and observation together with the success A
experiment which has been made in other States
the Union, have tended to confirm me in the L
mon that 1t ought to be adopted in this State, i
that too, before the adjournment of the pre- &c
t legislature -
n connection with this subject, [ would recon- /
ld that, at the earliest moment practicable am "a
provision be made for bringing on all the cleo :
IS as contemplated by the amendments to the ap
Stiution.
WEIGHTS AND MEASURES. II
Jnder the provisions of the Federal Constitu -
> congress has adopted standard of Weights at
Measures, and, by resolution in 1896. de- DE-
ted with the several States set of those
gifts and measures. A portion of this set has +
sent to the State of Tennessee, and is now I
he SecretarV's office. II rama;nJo- -. - 4