Fayetteville observer. [volume] (Fayetteville, Tenn.) 1850-1966, 1855-10-18
2-vU pAYETFEVIb1H TTNN: FHURgDAY OCTOBER IS 1856

0 JJ. pa -1a 8
upon the great mass Of the people
and ought to be changed. Therefor
Recommend to your consideration tn
propriety of so changing or modayia
the present system as to conform
to the requirements Of the publ
1 Judgment and wants Of the country
and that It be done during the presen
session Of the Legislature" To-
NATIONAL HOMESTEAD.
This important measure, by a larg
majority, has passed the popula
branch of our national Legislatur
! twice in succession, and was lost botl
times in the Senate, which is conclu
sive that the popular win demand
the passage Of such law. / there
fore call the attention of both branch
'es of=the Legislature to. my recon-
mendation upon this subject, which
was made to the. last Legislature: Z
a feel that I cannot conclude this
message without urging upon youl
consideration the importallce and pro.
priety Of instructipg our Senator's IN
the Congress of the United States,
and requesting our Representatives
to use all reasonable exertion to pro-
cure the passage Of a bill granting to
every head of a family, who is a citi-
zen of the United States, Home
stead of one hundred and sixty acres
of land, out of the public domain, up
on condition Of settlement and eultl-
walton for number of years This is
a measure Of no ordinary considers
ton to the American people, and the
Of its policy has been SET
tied in the public judgment, and it
would have been the law long before
this time, had the popular will been
carried out by the Congress Of the
United States. | therefore hope that
youswin take such action as viii re-
Ilect the popular sentiment Of the
people of this State, and
there by contribute the weight of your
to the consummation Of this
great measure. b.yl
resy q.ii JUDICIARY. - -
/ would most respectfully call
your attention to my views upon this
subject as submitted to the last Leg
/ also transmit for exami-
nation copy Of the Bill referred to
n my message. q, afigs sqi,a
"The true foundation Of our Ju-
iiciary is to be found in the Bill
,f Rights, which was adopted BY
he sovereign people in the year
1896, and was, in the year 1884, re-
affirmed. In the l7th section, they
have declared, in the most emphatic
manner, 'that all Courts shall be
open, and every man for an injury
lone him, in his lands, goods, per.
son or reputation, shall have remedy
by due course of law, and right and
ustice administered without sale, de-
.ial or delay Right and justice
$ to be administered without sale,
lenial OF delay,'-this is laid down
IS the basis, as the foundation of our
ghole system Of jurisprudence; and
is. imperative on the Legislature,
n the organization Of our Courts, to
.onlorm them to the principles here
u laid down. To correct under
of the kind Of Courts to be
established, we should first deter
nina what is meant by the terms
rightand justice as used in the Bill
# Rights. The most approved aa-
hors define the term RIGHT: Con
ormity t., human laws, or other hu-
Gan standard Of truth, propriety, or
usice. JUsfIcE: the constant and
disposition torender every
nan bis due, etc. Ia this connec.
ion we might consider the meaning
f EQU1TY also. Inan enlarged and
sgal view, Equity, in is true and
:enuine meaning, is the soul and
pirit of the law In this, equity is
lade synonymous With justice. III
light, justice, and equity, according
0 common sense, and the best au-
horities, mean the same thing =
When it comes to establishing court,
r a tribunal, or it may be called by
ny other name, which is intended
s a standard by which the precise
ifference can be determined between
he contending parties, it is impcra-
i've on the Legislature to establish
be standard which viii accomplish
be great end, as designed in the
ill Of Rights, and if it were posi-
lie, to SO organize our Courts, that
hen parties came into them to have
heir differences adiusfed FIR the \