Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1859-03-22

Opinions OF tsae Sapresne Can II Of fi.e S,,,s
Of Tennessee, at KnOxvitsc, ssbters, be-


Of Tennessee, at KnOxvsts,., Seats,s, -,
FERNS 1855 - i
The State Of Tennessee the Bank q East reups.s
10 pursuance ofs jsint rSsoutioa Of DE last Gan
sral ASS mbiy, melton was made BY the kttorne,
Gensrsl for she issuance Of aseirs c1s sraiust tb
Bask f Eat Teonessee. % show cause why ii,
chsrie should eOt be declares fyTfrilsd 2
This bank VAS ehar'sred BY the Bsgislsiyire in
ls43 Gu 20. By she liza ssction he L pisla. u,
is an horzel. vhensyer fhey aFesef ihc eaiaiou
that the charter Of this cerpo al N has been VIC
laed sby in, resolution direct a sore faciq, ~
issue frem he Supreme Court, IN the Bans Of The
Stsfsof Tennessee ssili opoa aaid evaporation
10 sh1E cause shy the charter shaRla be dselare
J f5rf.i ed" The court is required q enquire info
the charges which alleged and sEbn II al issues
/ Of fast TO jury, Sc Have We tie aufhoify under
the constitution 10 exercise The power hefs Goa
ierred, in other words. is this act Of the gslaS
iu-e c0ositutiSnll? the fist question to be con-
siiered We cannot without a vielstion oft con
81 nfi0a, to which We eEe our existence a. court
and which We ave sE0ra 10 OBEY, transcend.the lin
lis therein ass gRed rs Van every d.seesiiiOn 10
respeci and obey tae mandates OF the legislative de-
/ putment Of the government, We are b0Hnd TO stay
cur hards when reach III limits prescribed for
u in The Fundamental Law. Beyerd that We dare
/ rot 60, 20 matter what autbOaiy mas COM 1laRd.
We cannot obey Two masters when their c)grn ends
conflict. The iiufion is the chart By Which we
must vsrn orr oEieial action ~
What Gays The Constitution, then. in rslstion to
the existence and poRsr Of this eour1a Arsiels c.
sec l. tFhe judicial power Of this ate shili be
vested ia the Supreme 'urf, aad such ia erOr
urts as the Legislature shall from tins 10 lime or
6atu and establish s.. So, this court q last re-
sort, Is placed Out Of an beyond the p,wsr of the
sgjslsture, to its e1s-enes and comp5sitiOn 80
BY the nex seci it is 10 consist n three ju iges
only, and they are TO reside, one ia each ''granI
divisi Of toe STATE Sc also is l. jarisdie ion
prescribed AMI limited Secfi9n ,, 'sThs iaCsahc-
uon Of this court shall be appelzte, only under sush
restricdOIs aod regulations Is may from line 10
time b prescribed ~ law but It may posses such
oather jufisdic 10 as is COW conferred BY lIs
the present Supreme Court The language is EN-
platte TO the jurisdiction. il SHALL ee sppflats
only. This was doubtless intended 10 prohibit ex-
pressiy that course Oflegislaion which had before
and nj yht be again rescrted to, either because q
high confidence in the court, or. TO Overhurdsn il
with business, or TO save expense to parties in GER
tain cases by shortening he road Of litigation Bat
let the reason be what may ,be restriction is dis
tinet and imperative. The fair inference from the
language adopted, is that it the opinion Of The
convention that the labor aud responsibility COR
rsc'ing errors 10 the proceedings ard judgmen Of
law, aud the be ring of Appeals in chancery for The
whole STATE would afford about much lsbOr a.
thTea men eOud well perform, wi,hoat e esmbsr-.
lug them wi any original Jurisdiction Aad csr-
tsiIiy It has so turned Out. The msmhers Of the
legal profession who have Witnessed the labors tais
court will not differ as to hs foresight Of the Goa
yention in this respect. Yet Wbe her this IS 50 OF
not, or whether other rea Ons have aetuated them.
they have lini ed and conf led US cases OF appeal
," language 90 clear, in lis import, for misoon-
str lction
In tais act the jurs iiciOu is nsii ale
a proceeding Of an imp TT an caHrIcter aga rs .
corporation 10 sscersia csrtsin facts by the il er,
venton Of urv, and 10 dsclIre the charter Forfeit
ell in the event the charges sre found to bs tfus
Here then important suit 70 individuals and the
pubio is 10 be originated tried Determined in I
this court. eau thero De doubt thas sn n. juris-
di tion is original and net apPslai,2 Surely not.
Tne Old cons iut.oa aid prescribe the jdrsdtc-
ton Of ls, nor ia fac: create II, Tat LEFT 1t with
the legislative department TO establish such courts
as might b, JhOaghs necessary aud assign 20 ,them
their Jurisdc i'm L clnagt be pre;snd. d iha the
Gaze f. l. under the later clause Of the ssoiion.
fsuei other jueisdieiioa As IS ~ liE Hfsrrei
on the pTesens Sapreme co This. institrt' ION
vas formed asd al ped III 1854 AID ihs charts-
under consideration vas passed 10 1873 IA such [
jurisic ion was givea O7ercorpsratiOas by gen
ertl act before that time Il II had it sodiI not
now exist, as will be seen below. t )
ThIs last clause came before MS for cons rue n
At the last Jackson, and We held ia au op;n-
len 10 be published in ) Saeed, that il oUIy cnfsr
red power in this curt 10 alnpt s-ca pr5cre3ngs,
issue such process, aud try suoa facts m git be
come necessary to carry cut and perfect its owH
udgemea,s aud DEGREES II cases before it ~ appeal
Dr. writ Of error such the assurances OF 1e7s
md cassaRs, upon forfeited boads % nces
notions against Sherifs for non rstura Of prosess
he trial of aDy issues that migat become necessary
ire the same, Sc jurisdiction Of this character
We supposed 10 be all that was intended to be CON
erred By ihst pr0yis2n, ,.s..
1t follows that the llth section Of the charter Of
he Bank Of East Tennessee is constiruti-n4l aad
the motion is refused CAsUTHgas.
A true copy. Attest, C.. W. NEbsON, Clerk.
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