The Daily Nashville true Whig. [volume] (Nashville, Tenn.) 1851-1855, 1855-10-09

I
and justice administered without sale, denial or
delay Right and justice is to be admins
tered without sala, denial or delay,'-this is
! laid down as the basis as the foundation OF our
whole system Of jurisprudence; and it is i'm
perative on the Legislature, in the organization
of our Courts, to conform them to the princi-
pies herein laid down.. To correct under
standing of the kind of Courts to be estab
lished, we should first determine what is meant
l by the terms right aud justice, as used in the
Bill OF Rights. The most approved authors
define the term RIGHT: Conformity to human
laws, or other human standard of truth, pro-
priety, or Justice JUSTICE: the constant and
( perpetual disposition to render every man his
due, &o. In this connection we might con-
slider the meaning of EQUITY also. In an en-
larged and legal view, Equity, in its true and
! genuine meaning, Is the soul and spirit of the
law. In this, equity is made SYNONYMOUS with
justice Right, justice, and equity, according
to common sense, and the best authorities,
mean the same thing. When it comes to es-
tabllshing court, or q tribunal, or it may be
called by any other name, which is intended
as standard by which the precise difference
can be determined between the contending
parties, it is imperative on the Legislature to
establish the standard which will accomplish
the great end, as designed in the Bill of Rights
Courts, that when parties came into them to
have their differences adjusted, for the Court
and jury to ascertain what is the precise equity
between the parties, and then to determine
that as the law of the case, equity being the
soul and spirit of the law, in other words,
making the equity of the case, the lao of the
case. Taking the Bill of Rights as the founda-
ton for our Courts, the enquiry very naturally
; arises as to whether our Courts, as now estab-
lished, 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 vest
ed in one Supreme Court, in such inferior
! Courts as the Legislature shall orCain and es-
tablish.' This provision Of the Constitution
would seem TO give great latitude to the Legs.
lAture in the organization of the Courts But
the exercise of this power by the Legislature,
must be in strict conformity with the prinoi-
Piles laid down in the Bilrof Rights The Bill
of Rights being the better part of the Consti-
tuition, is paramount Gr 81,
''In all questions of apparent conflict between
the Bill of Rights and the Constitution, they
/ should be reconciled and made to harmonic,
if possible; but where there is final repug-
nance, the Constitution must give way, it bear
ing the same relation to the Bill of Rights that
a law does to the Constitution Hence in the
organization of the Courts, the Legislature has
no authority under the sixth article, to depart
from this great and fundamental principle as
laid down in the Bill of Rights, or the better
part of the Constitution ss..
Under the Constitution of 1875, Judges Of
the Supreme and inferior Courts were appoint
/ ed by the Legislature to office during good be-
havior. The Legislature conferred upon the
! Courts chancery and law jurisdiction, which
was exercised by them for thirty-eight years,
or till 1886 The people, after making the ex-
pertinent became well satisfied that our judi
cial system was exceedingly defective, falling
far short of carrying out the great principles
as contemplated in the Bill of Rights
SIN 1884, the people again, in Convention,
so changed the Constitution as to make it more
in conformity with the great idea of right and
justice, by changing the tenure of all Judicial
officers from thai of life to term of years,
and at the same time referring back many other
elections to themselves which had been given
up in the Constitution of 1895.
"These changes in the Constitution have
been effected, in part, for the purpose of con-
forming the Courts of the country, in their
whole structure, to the wants and necessities
of the people. There has been evident dissat
istaction with the Courts of the country for a
number of years past The people find fault
VIVA INV 0uuRCc. pam VI aAAA
sometimes condemn jurors, affording conclu-
sive proof that there is a wrong somewhere.
Delay, expense, and perplexty OF mind, on the
: part of the Observation-Disclosures in the Courts
much impaired in the public estimation. IN
der our present system, an individual goes INTO
what is termed Court of Law, to obtain JUS
tice in some matter of controversy, and after
much time is spent and expense incurred, he
comes ont of law with long bill of costs 10
pay; and if he complains of the proceeding, he
is told that his case was a good one, but he was
unfortunate in bringing his action in the wrong
, Court; chat his remedy is not IN law, but IN
chancery. Another individual brings his suit
in Court Of chancery, and after a like delay
of time and trouble in filing bills and hearing
answers, he is turned out of Court with long
bill of costs and charges 10 pay, and he is con-
soied in the same way by telling him his case
is good one. but his remedyis not in chan
Gerry, but in Court of law, and from Court
of law to Court of chancery, until, in the
end, if the end ever comes, the substance OF
the parties is, in many instances, consumed,
and the gamer of the suit sfrequenty the loser,
aud the unfortunate party goes into Immediate
bankruptcy. This is the manner in which law
and equity is administered under our present
system of Jurisprudence, which, in fact, is the
great cause of complaint of the parties who go
into our Courts TO obtain justice, and want
of confidence on the part of the people in the
Courts of law and chancery.
Upon this subject shall take high ground,
, and assume that the Courts eau be so organi-
zed, that law and equity can be administered
by the same Court, by the same Judge and ju-
ny, and at the same time, and that, too with
out sale denial, or delay Let the Courts OF
law and chancery be blended or converted IN
to one Court, Gt IS not material by what name
you call ij)-or, in other words, lex the law and
equity of the case be heard by the Court and
jury at the same time-let the parties, if ne
cessary, be examined in open Court-let all
the restraints and barriers be removed-sll
false issues and collateral questions be thrown
: aside, and the cause tried upon the naked mer
Z its involved, and thereby administer right and
justice 10 the cOntendiDg parties, and letthom
go hence without delay. 7sa
81 feel well assured that the people, through-
out the State, expect legislative action upon
this subject before the close of your session.
This is most propitious time for bringing
about the change in our Judiciary, as indicated