Nashville daily patriot. [volume] (Nashville, Tenn.) 1855-1857, 1855-12-13
ake il away or increase it as the case

jurisdiction, take ii away or increase as the case
may require
Besides all this, il violates the contracts Of the
State with these officers; so gross and papable a
violation, would disgrace a man in private life
IN the ordinary transactions and private dealings
between man and man.
The Constitution Of Tennessee Art 6, Sec. 4,
provides that ''the Judges of such inferior courts
as the Legislature NAV establish shall be 80 years
of age and shall be elected for the term Of eight
Jears" Sec. 3, of the article provides, 'that
the Legislature shall elect Attornies for the State
by joint vote of both houses Of General Assembly,
who shall hold their offices for the term of six
years" Sec. z, OF the same article provides that
their compensation shall not be increased or di
minished, during the time for which they elec
ted" Sec. provides for the removal of Judges
and Auornies for the State. That they shall be
served with writ, und furnished with the cause OF
complaint, &c, &c.
! Now the Constitution is careful in providing that
the term of the Judges shall be years and attor
MES for the State G. and careful that their compen
satiOn shall be neither increased nor diminished
during that time; and it IS al,o careful TO provide
! the mode and mani er of their removal. Now is it
not grOss violation of this provision, to abolish
the court before the expiration of the constitution
al term? When the court is established and the
officer elected, the constitution steps in ard pre-
cribes the term for which the Office shall exist
aud that is years. Suppose the Legislature were
TO elect judge or chancellor, for the term of two
years, would any man say it was not a void cleo
! ton?
If the Legislature has power to abolish the courts
how can you compel them to re establish them;
and if not re. established is not the Judicial Depart
ment OF the government gone, and swallowed up
by the Legislative? The judicial department is as
well aud as independently established as the leeis.
alive or executive department. If the legis
lative department can abolish and take away all
the duties to be performed by the judicial depart.
ment, what is to prevent them from contracting the
executive term? The constitution saws the judges
shall be elected for 8 years and the Governor for
two the duration OF one is as well secured as the
other.
The passage of this bill will be the beginning Of a
course Of legislation degrading to the State, and
ruinous TO those who engage in it, IL violates
tracts violates the paramount law Of the land, aud
destroys the independence Of the judicial depart
ment The new courts now established, proceeding
under system, will fill the State with confusion,
and variety of decisions. There will be different
rules OF practice in each circuit or district. The
people will become dissatisfied with them, and then
there will be another abolition and another set Of
courts, and another election
/ About 35 years ago, Kentucky did a similar thing,
and it confused the State for years. and broke down
all the politicians engaged in it.
There are IN this State, IA Circuit judges, ii
atornies for the State and six chancelors recently
elected by the people. Their election shows that
they have the confidence of their respective districts
or circuits. They equal in number one third ofthc
General Assembly They will not likely, tamely
submit to be thrown overheard in this wanton way,
in violation of their rights. There is not one of
them, although sure Of re election, who will not
feel indignant at such outrage. 1t would be well
for the members of the General Assembly who wish
again to visit the Capitol to consider how they
to get along with them when they come home.