Daily union and American. [volume] (Nashville, Tenn.) 1865-1866, 1866-10-16

I
e AT precisely nine o'clock Gen. FosrEE
entered the court room, and the oath Of Of
/, fee was administered to him by the retiring
Recorder.
In transferring the duties Of the Office &c
General FOSTER, Mr.. WILKIEsoN took oc-
casin to make few very appropriate re-
! marks On his retirement. He said that as
il had been the will Of the City Council to
supersede him, he knew Of no worthier gen.
tleman, or one to whom it afforded him
greater pleasure to transer the onerous duties
Of his Office than the successor they had
chosen 20 fill his place. While he had oc-
cupied the Office Of Recorder, he had en-
deavored to perform his duty justly and
impartially. If he had wronged any one
by his decisions, it had been an error Of the
head and not Of the heart. He had formed
many ties Of friendship during his official
career, and he hoped they might never be
severed. To the gentlemen Of the bar, the
reporters Of the press, the police, and others
with whom he had been brought into init
mate relations in his official capacity, be re-
turned his sincere thanks for the courtesy,
forbearance and friendship they had ex-
tended him.
At the conclusion Of Judge WmKISsoN's
remarks, Recorder FOSTER spoke as follows:
The oath just administered to me, in your
presence and hearing, authorizes me TO oc-
! The kos,rb araA N
charge all the duties of the Office Of City
Recorder, none being more important than
that, which requires me to dispose of by
trial, all offences and misdemeanors which
are in violation Of the laws Of the Corpora
ton. There are, il is true, courts Of vastly
more extensive jurisdiction and, Of course,
possessing more power, but it does not fol-
low, because Of its lack Of power and juris-
diction, that it is Insignificant and not to be
respected; for / hold that every tribunal Of
Justice from the committing magistrate to
the court of last resort, where the life, or
the liberty or property Of the citizen is con
cerned and at stake, becomes important on
that account and as such should be upheld
and respected, in order that its judgments
and DEGREES should not be disregarded-
| by producing none Of those good results so
desirable in the correction Of every vice by
the punishment Of every offender.
It is the abuse OF power, either by ele-
waiting the scale, or lowering It to suit the
whims or capricesof some favorite or friend,
and not its nse, that would and should rem
der the laws of the land and the DEGREES Of
courts imperative and ineffective, and Of
course productive Of no good to the commu-
] nifty.
Here, in my position as Judge Of this
Court, OF elsewhere, in discharge Of other
duties Of the Office, l shall have no friends
to reward-no enemies to punish. Ny motto
shall be, impartiality to all-injustiGe to
none. This Court can never be an engine
Of oppression against any human being,
white or black; and he who comes here
seeking to punish his neighbor through
/ spleen, malice, or malevolence, with revenge
ranking in his heart, will much mistake
this tribunal, for he shall never be gratifed.
| To sum up the whole l will say that the
guilty shall always be punished according
TO their offences, but mercy shall ever be
tempered with justice, and the innocent
shall always be protected.
The court is extremely fortunate in being
surrounded by officers, whose previous good
conduct is a sufficient guaranteefor the faith
ful and efficient discharge of all the onerous
/ uHAANAe4lt uutAGS u ANtll NsAlous Ol-
| fees. The only anxiety / have on this &C
count is the fear that their zeal for the pub
| lie good in arresting offenders, may some
| times cause them 70 err
For instance, a man is seen intoxicated In
the public streets, and it may be that he is
not otherwise Otfending-in such a case il
becomes matter for the exercise Of sound
discretion, whether OF not he is a ct subject
co. L bo bntgfor,,,e- 81 -,o,r,r,-
waiting or insulting, thereby threatening a
breach of the peace from those upon whom
he is intrnding2 Is he shockingly vulgar,
or wickedly profane, or when under the in
auence Of the Intoxicating cup is he dan
gerous and viciOus2 In either Of the cases
above cited, he should be arrested as a
| fit subject for punishment. Bat on the
contrary, is he slightly inebriated or is he in
other words to use a common expression,
! gentemanly drunk Is he full of fun and
Eaerriment claiming little more perhaps,
Of the side walk or pavement than polite
ness allows him, and does he in the fullness of
his heart proclaim himself TO be the very
particular and intimate and obliging friend |
Of every citizen he meets2 Such a case, is
no IA fit subject for punishment in any court |
or before any tribunal.
As we pass along, let il not be forgotten,
that il is human 10 err, and that it is not |
every unfortunate man in his cups, covered |
with rags in the streets, upon whom the eve
Of the officer should rest, in search Of viola |
ton Of law Neither is it always the finest |
cloth, OF the most costlymaterial that covers |
the back Of the honest and upright man. and |
the useful and virtuous citizen. Debauchery, |
corruption, infamy, vice, wickedness and |
crime, Of thedirest and darkest hue, oftener |
than otherwise hides ejtself under the most |
costly and gorgeous apparel.
It is true that the poor man in his hoyel, |
not unfrequently finds his way to the dun |
geon, aud ends his DAYS in confinement or |
upon the scafiold; but how often is il the |
case, and how unfortunate and deplorable |
the fact, that the man Of better circum- |
stances and more favored opportunities, for |
greater and more hideous crimes, evades the |
just punishment Of the law, and goes I'M
whipt Of justice. Such is the sad and lamen. |
table condition Of society such the loose |
and unjust administration Of the law. Let /
rs then as officers and guardians Of the COM
munity, do all in our power 10 prevent such |
evils in our midst and let every official |
act be Tor the promotion Of the public |
good, securing TO every citizen, under /
the law, his Just rights and privileges, Civ !
ing oiiense 70 none by an arbitrary exercise /
of power bat protection TO all who desire it /
az your hands These remarks, l hope, will |
not be considered out Of place-a sense Of |
duty prompted me 10 utter them, and trust |
they will be properly appreciated, not only
by the police OF the city, but by the entire |
community.
conclusion, / take occasion to say, in all /
sincerity, that my thanks are due, and are /
hereby rendered my worthy friend and pre-
decessor, for many acts Of kindness and ur-
baniiy extended me, previous to my entrance
into office, and trust my official course may |
terminate as happily as his, in giving entire /
satisfaction to the public in the discharge Of
every duty connected with the Office and |
trust that the MANTLE in passing from his /
shoulders TO mine, may never be dishonored.
General SMILEY, City Attorney, followed |
the Recorder, and in an eloquent and inn
pressive manner referred to the pleasant re-
lations that had existed between himself and |
Judge WILKINSON His tribute to the eff |
feiency aud worth Of Judge w. as a pre-
siding officer, was as beautiful as it was
true
The speech-snaking having ended, the
docket was taken up, and the first session of