Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1868-06-20

MaFCaQe, COlD-OSll5Ae auu OolADRlei
men whose single opinion is higher au'
thority than the decisions OF the Courts
are the class of lawyers out Of which
Judges are selected, is freer country to-
day than the United States, if the free
dom of the citizen consists In the secu-
rity of his individual and personal
rights.
The curse of ignorance and incompe-
tency is 8 greater curse on the Bench,
than the curse Of corruption and dishOn-
esty. These affect occasional cases, often
remote from each other: that affects
all alike. No mans rights are
safe, no man has any rights, before a
Court that is Incapable of distinguishing
the true from the false, that has but q
smattering of the law, or that knows
only cases and is not well grounded on
the principles Of the law. With such q
Judge, q Court is Tribunal Of Injustice.
Policy itself will induce q rascally Judge
to labor for q good reputation, and
cause him to DO justice whenever no
stronger inducement eorrupts him and
overpowers the desire which even the
badhave for honest fame. But stupidity
can not even be Bri5sd to decide Alright.
The evil consequences of our civil war
are numerous enough and intolerable
enough; but the most evil and intolera-
BILE of all is, perhaps, the investiture of
shabby lawyers and low pettifoggers, o,
where the descent has not been quite SO
great, half-educated attorneys and other
men of little reading and narrow intel
leot, with the judicial ermine. In Arkan-
sas, the Supreme Court will excite the
contempt and provoke the ridicule OF
every decent lawyer at the bar. Every
where, In the reconstructed States, we
see, v ith g few honoursble exceptions,
usurplng the place Of genius,
owlish stupidity perched and blinking
on the seat that intellect should adorB
and illustrate, and ignorance pushing
out Of its lawful province, as the
cuckoo pushes out the nobler biTds whose
nest it usurps and defiles. The judiciary
Is fast becoming the shame and scandal,
the reproach a2d the disgrace OF the
and this nobody who has eyes
at all is so blind ss not to see.
Is not the Bar strong enough to purge
and purify the Bench? II the Governor
IF the State is 80 scaled and plated with
3rejudices and old rsncorous po-
itieal hatreds, that be prefers to
nfict upon the State in judi
,ial stations, Radical baFrelneas of
Intellect and poverty OF learning, in
itead of enriehing it by doing homage to
he ;udicial virtue and genius and learn
ng Of such nleG ss Caruthers and the
,tber iuriscousults of Tennessee's better
iays, when no man doubted the impair
.iaIity or distrusted the learning Of her
Judges, or thought them only fit to be
.reated with contempt, is there no pub
ie opinion Of the bar and people that
,an drive Judicial incompetency from
he Bench, as English Military Messes
8 send to Coventry" men who are officers
without being gentlemen?
We make no further personal applics-
lon of these remarks to Judge Hunter,
han to declare our conviction, after
.eading. his opinion in the Contempt
,ases, and his argument upon the SOve-
eighty of the States, that he is utterly
destitute OF the most essential quslifica.
ions Of a Judge of any Tribunal what
,ver, without which honesty Of purpose
$ not only of no avail but often posi-
i've mischief; and that We would have
, right to say that his Judgment can be
and his eyes blinded, in case
where he has a personal interest and in
which he ought not to have undertaken
o Judge. We do not know that he
: not well read. We do not dare
o impssci. his Integrity, because we
nave no reason Of our own knowledge to
10 it. But we do dare to say that he is
lot fit to be Judge, and that when he
'esigns, if he should ever do so, be will
10 the country good service, if the Gov
,rnor should not succeed in finding for
lis successor one whose presence on the
Bench will causs the Bar and suitors
md the public to regret the change
This, wits yeEy earnest effort, the Gov
,rnOr may possibly do.