Fayetteville observer. [volume] (Fayetteville, Tenn.) 1850-1966, 1855-10-18
WHOLE NO. 2s5.

E The precise equity between the par
E 4ties, and then to determine that as
= the law Of the case, equity beng
t the soul and spirit Of the lawn
E other words. making the equity Of
i the case, the lav Of the case, Ia:
t king the Bill Of Rights as the found
. alton for our Courts, the enquiry
very naturally arises as to whether
our Courts, as now established, under
r the sixth section, first article of the
, Constitution, are in conformity with
the principles hereinlaiddoNn' Tbs
: article says: The judicial power Of
, the State shall be vested in one Su-
. preme Court, in such inferior Counts
as the Legislature shall ordain and
establish. This provision of the
4 Constitution Meuld seem, to give
lgreat latitude to the Legislature
jim the organization of the Coprts.-
] But the exerciseqof this power by
J the Legislature, must be in strict
conformity with the principles laid
down in the Bill of Rights Tho
Bill of Rights being the better part
of the Constitution, is paramount.
".n all questions of apparent con-
lGict between the Bill of Rights and
the Constitution, they should be re-
conciled and made to harmonize, if
possible; but where there is a final
repuguance, the Constitution must
give way, it bearing the same rela-
tion to the Billsof Rights that a law
does to the Constitution. Hence, III
! the organization Of the Courts, the
Legislature has no authority undar
! the sixth article, to depart from this
great and fundamental principle as
laid down in the Bill5of Rights, or
| the better part of the Constitution.
sUnder the Constitution of ilf96,
Judges OF the Supreme and inferior
Courts were appointed by the Legis-
lature to Office during good behavior.
The Legislature conferred upon the
Courts cbancery3 and law jurisdie-
ton, which was exercised by them
for thiffy-eight years. or till 1885.
The people, after making the expert
ment, became we'll satisfied that our
judicial system was exceedingly de-
'fecfiye, falling far short OF carrying
out the great principles as, contem-
plated in the Bill of Rights. sieg
"In 1884, The people again in con-
vention, so changed the constitution
as to make it more in conformity
with the great idea of right and JUS
tice, by changing the tenure of all
judicial officers from that Of life to
a term Of years, and at the same time
referring back many other elections
to themselves which had been given
up in the constitution Of 1876. qoiu
"These changes 10 the constitution
have been effected, in part, for the
purpose of conforming the courts of
the country, in their whole structure,
to the wants and nect ssilies Of the
people. There has been evident dis
satisfaction 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 affording eoncIu-
sive evidence that there is a wrong
somewhere. delay, expense and
Of mind ON the part of
the Htigants--confdence in the
courts much impaired iu the public
estimation Under present sys-
tenn, an individual goes into what is
termed a court Of law, to obtain JUS
tice in some matter Of controversy,
and after much time isspent and ex.
pense incurred, be comes out Of law
with a long bill Of cost 70 pay; and
If he complains Of The proceeding, be
is told that bis case was a good one,
but he was unfortunate in blingipg
his action in the wrengeourl; that his
is not in law, but inchancery.
Another individual bringslis suit in
a court Of chancery, and after a
like delay Of time and trouble in
filing bills and hearing answers, be
IS turned out Of court with a long
bill Of cost and charges to pay, and
he is consoled in the same way by
telling him his case is a good one
but bis remedy is not in ckancery,
but in a court Of law, and from
D court Of law to court of cham
cory, until in the end, if the end
ever comes, .he substance Of the
parties is, in many instances. con-
and the gainer Of the suit
is frequently the loser, and the un-