Fayetteville observer. [volume] (Fayetteville, Tenn.) 1850-1966, 1855-10-18

bankruptcy. This is the manner in
which law ard equity is administered
under our present system Of juris-
prudence which, in fact, is the great
cause Of complaint of the parties
who 90 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 can be SO organized, that law
and equity can be administered by the
same Court, by the same judge and
jury, apd, at the same time, anu that,
too, without "sale, denial or delay"
Let the Courts Of law and chancery
be blended or converted into one
court, Git is not material by what
name you call iD--or, in other words
let The law and equity of the case be
heard by the court and jury at the
same time let the parties, if nec-
,cssary, be examined in open court
let all the restraints and barriers
be remoYed--all false issues and col.
lateral questions be thrown aside, and
the cause tried upon the naked mer-
its involved, and thereby administer
eright and justice" to the contending
parties, and let them 60 hence without
delay.
81 feel we'll assured that the people,
throughout the State, expect legis-
lative action upon this subject be-
fore the close of your session. This
is a most propitious time for bring
ing about the change in our judicia-
ny, as indicated, the people having
removed all constitutional difficulties
that were in the way, by the adoption
of the recent amendments to the Con-
stitution. There is now a bill before
your honorable body, entitled la bill
@To abridgs and simplify the plead
ings, practice and proceedings in thu
Courts of Justice IN this Stat" which
will, if passed into law, accomplish
much in conforming the practice in
the Courts to the requirements Of
the Bill of Rights and the wants Of
the people. In recommending this
bill to your favorable consideration,
or some one very similar in its pro-
visions, ] am not recommending a
new and untried experiment, but one
which has been tried and approved
by many oil our sister States. 1t
will and can succeed with us as it has
with them, if the experiment is fully
and fairly made, and will, no doubt,
give general satisfaction here, as it
has there, by simplifying, cheapening
and shortening the process by which
htigants may obtain'right and justice.
THAT the bill referred to has been
prepared by its originator with great
caresand much labor, is manifest to
all who will give it careful exannin-
alton; and it is believed, after passing
the legislative ordeal, will be so i'm
proved as more closely to approx.
mate the intentions and design Of
those who framed the Constitution
The leading principles of the measure
now recommended to your favorable
consideration, have been advocated
by me since my first entrance into
public life, in the year 1885, and my
reflection and observation, together
with the successful experiment which
has been made in other States of the
Union, have tended to confirm me in
the opinion that it ought to be adopt
ed in this State, and that, TOO, before
the adjournment of the present Leg.
iSlature."
AMENDMENT TO THE CONSTITUTION OF
THE UNITED STATES.
81 will most respectfully call the
attention of the General Assembly to
the fifth article Of the Constitution
Of the United States, which pre-
scribes the mode and manner of
amendment to that instrument, and
also to three propositions to amend
The Constitution of the United States,
which are appended to. and made a
part of this message, which is respect
fully submitted for consideration and
action by the General Assembly. In
submitting this subject, shall make
no long or labored argument to the
Legislature, or the country, to prove
the importance and necessity of add
ing these three amendments TO the
Constitution of the United States.
All who are in favor of popularizing
our free institutions as far as may be
practicable, and bringing the general
government nearer to the people,
will receive and treat them as self.