Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1858-02-24

Mr. Speaker. l had not intended saying anything
upon this bill at this time, believing it would
meet with anything like formidable opposition upon
its second reading. But see from the opposition
70 the adoption OF the bill IN Lieu that II may be
necessary for me to show clearly the necessity
for the establishment Of the circuit proposed TO be
established by the bill, and to answer some Of the
grave objections that have been urged against it
with SO much zeal by the honorable gentleman from
0Yerton.
Mr. Speaker. if l understand the object Of divi-
ding the State into divisions, called ercuits it is
better to secure each and every individual in the
endowment Of those rights aud privileges reserved
10 him in the 'bll Of rights" the l7th section Of
which declares, "that all cogrs shall be open and
every man. for an injury done him in lands, goods
person, or reputation, shall have remedy by due
course Of law and right OF justice, administered
without sale, denial, delay" If this vas the
object in establishing the different circuits, they
should have been established with view 70 this end
and If this object is accomplished, the cir
cults now stand, the necessary alteration should be
made. If a circuit is so large that the judge can
not do the business, the people, as q matter Of
course, cannot have justice done them without SIDE
lay, is promised that section Of the c0ustiu-
| ton referred 70, and hence have q just cause Of
complaint. and contend that the Legislature is
bound by every sense o. justice and duty 60 remedy
/ the evil if it be done, by eQuaziug the cir
cults and if not by creating new circuit as this
/ bill proposes. ! have no disposition 10 increase
l the number OF circuits, il It can be avoided, and
/ Justice be done IL would no doubt he better 60
take from one circuit amt sad 90 another, if the
circuits could by this means be made OF such size
| as 10 answer The end for which they we're estaD-
I lished. But in the present case, this cannot be
done, for the surrounding circuits already too
/ large and no additions be msde. The only
mode, therefore, OF remedying the evil IS to estab-
| lish q circuit. The amount Of litigation has,
Of late increased to such extent in that portion
g h., NH hfu - cd
be established that it is impossible for any man, in
/ any one Of the circuits ! propose TO diminish, TO
transact the business in that manner in which the
constitution declares it shall be done. What sense
is there, Mr. Speaker, IN saying "that all the courts
shall be OPEN" if the size Of the circuit IS such,
and the amount Of business is such, as preeludes
the legal authority from administering justice 70
these who apply. The constitution tells NE, that If
a wrong is done me, the courts are open to redress
/ that wrong and l, in the legal exercise Of that
right make application to the court but the judge,
in whom the power administer justice is vested,
| tells me that he cannot administer that justice
/ which demand and TO which am entitled, at this
term Of the court on Of the amount OF busi
ness already before The court; at the next term Of
the court / am met with the same answer, and so on
from term 10 term, until the cost and trouble over
balance the redress l am seeking. Under such
circumstances, ask, Of what worth Is this boosted
privilege mere farce. 1t is high and exalted
privilege which the citizen Of this country enjoys TO
have justice done him without SALE denial, OF delay?
Yet the Legislature in which is vested the power to
establish and arrange the courts, the machinery by
which the promised justice IS administered, has so
arranged that this object Is in great part If not
entirely, defeated. Suffer me, hr. Speaker, to as
sure gentlemen that this is, to great extent, the
case in those circuits wish TO diminish by estab-
! fishing the one proposed.
! Now it nav be- that when these circuits were or
riginaly established, they not too large; out
new counties have been added to some, new courts
established in others; ana the amount OF litigation
increased in all that 1t Is absolutely impossible
for the business to be done, speedily, correctly,
and as UdiciOusly 1t ought to be done; and as is
promised it shall be by the constitution. In view Of
these facts what IS the duty Of this Legislature?
Il does seem 10 it Is plain those circuits can
| not be reduced to a proper size, by trimming or
looping of, there are no circuits to which the
counties Topped Of, can be attached, new circuit
should be established do not wish this house TO
understand that l am asking for this new circuit for
the special purpose Of relieving the Judge Of my cir
cult II Is ne is burdened he is overloaded with
business andI venture 10 say there are but few men
in the State, who could the business imposed
upon him with any kind OF satisfaction. But Judge
GOOdall, being OF those energetic, working I'M
firing men, endOW ed with clear and discriminating
mind, stored with legal attainments Of the highest
order, has succeeded in giving satisfaction beyond
! expectation. Yet with II these advantages, aud
notwithstanding the fact that he opens his courts
in the evening" than usual superadjed to the fact,
that he holds special terms often possible still
ne is unable to TO the parties htigant, that
speedy and ample justice, that the constitution in
tends they should have. Il will not be wondered
at when tell YOU there are in his circuit nine large
counties situated in rough, hilly, snd mountainous
part Of the State and that be is compelled to ride
hundreds Of miles, roads, almost impossible,
occupying some forty, two weeks In the year. in con-
slant service onthe bench, besides numbered weeks
ID traversing these hills from county another,
over this circuit which, in point Of territory is al
most as large as a common State Under such
state Of facts, ask gentlemen upon this floor ought
he not TO be relieved? And the labOrs Of Judges
Gsut and Weker are, perhaps, equally onerous;
ought they not to be relieved: Iappeal particularly,
to those gentlemen, who are acqUain ted with the
duties anu business Of Judge Of the circuit court.
Can Judges upon whom, there is imposed the amount
of business, which nave shown Is imposed upon
these men, transact It, with that and safety,
which is necessary, in the proper administration OF
justice? circuit court Judge occupies high and
responsible position; the property the liberty, the
reputation the lives Of the people, are TO great eX
tent placed at his disposal Hence he should not
only be man Of integrity, and purity Of puTpose
but man. well learned IN the law; 20 be this, be
must be allowed some time 10 study, investigate
and mediate upon the Law which 1t Is his duty to
administer. In my opinion, gross and high handed
injustice Is done to hsIgant when from any cause
the Judge s forced to hurry through his case, and
{
is thereby prevented from giving II that thorough
investigation which the importance Of every case,
in which the rights Of citizen are involved should
receive at the hands Of him, in whom this high trust
is imposed.
And again, Mr.. Speaker; it is will known that
the labOrers Of the different Judges in this State are
by no means equal Why Is this inequality! These
officers receive the same salaries the tenure Of their
Office is the same, the duties and obligations are pre-
cisely the same; thus these Judges stand upon
i'm arfu1 Iu To h15T-0
cept the amount of labor performed In this, herels
a vast difference, most oppressive AMI unjust IN
equality There are some Circuit Judges in this State,
l am reliably informed, who do not labor more than
eighteen or twenty weeks IN the year; riding on
railroads to and from their Courts enjoying the
company of their families almost every day; while
others as have before stated, employed almost
the entire year, having the privilege Of being with
their families Only, they pass arOuad their Cir
cults. What justice, what sl-uess, what equality is
here in EUch arrangement as this The Legls
latUre is accountable for this; i is true the differ
ent circuits cannot be arranged, to make the
labors Of the Judges precisely equal. Yet these
labOrs can be made nearer equal than they now
And it is for you gentlemen, to say, whether
this evil shall continue. whether 1t shall be rene
died tar be done. contend that II Is the
duty this body to arrange these circuits as to
place the Judges UpOa equal footing, and to give
I TO the people of every portion Of the State, the
facilities for receiving justice; when this DONE
If IL should be necessary for Judge GoOda TO per
form the same or more labor than he now does,
take the liberty to say 70 you for him, that he will
do it, if possible, without q murmur. All ne asks,
repeat again. Is even handed justice. And appeal
to gentlemen from the western part of the state,
aud particularly to those from the vicinity Of
the fifteenth Judicial Circuit, established few
EeeksagO, by body, support this BILL and to ex
tend to this portion of the State, the same justice and
iberality, which has been granted to your section
would ask, and not lmpertlnently, does your new
circuit contain eight counties? And are not the
circuits from which it tHken Teducedin point Of
labor below the circuits from which | propose 10
form the sixteenth circuit. The fifteenth judicial
circuit established g. this session of the legislature
contains only four cOunues-the one l wish to es-