Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1868-12-18

or any other means by which we
discern character.
s--
THE JUDICIARY - WHITTIER
DRIFTINGe
Gov. Brownlow has expressed
determination, in the event he can
not find men who will "fill the bill'
in a circuit or district where
vacancy occurs on the bench, to i'm
port men from some other portion
of the State, or perhaps of the
United States. He resolutely re
fuses to appoint any man to a judi
cial office, or for that matter to any
Office, who is suspected of opposing
his usurpations. The consequence
is that men who are qualified for
the positions to be filled are passed
by, and men of inferior caliber and
still inferior legal attachments are
selected for these high and re-
sponsible positions. The charac-
ter of the men he appoints to ad-
minister law and justice is very
aptly illustrated in the charge TO
the jury by the Judge of the Grim
inal Court of Memphis in a case
that recently came before him. The
facts are stated by the Memphis
AUdLdnche of the 10th inst. as fol-
lows:
Yesterday q descendant Of Ham
named Cobb was brought before the IL
lustriOus genius who now sits enrObed in
the judicial ermine OF our beloved Grand
mother Hunter His offense was having,
in period Of festive inadvertence, en-
tered grocery with crowbar and per-
formed an exodus laden with tobacco
and spices His hegira was painfully
abbreviated by 'minion of the moon"
who ruthlessly wrested from the cheva-
her Cobb the fruits Of his honest toll,
and lodged him in the dampness Of
prison cell. The charge against the I'M
fortunate Cobb was Misunderstanding
and this little indiscretion was proved by
uninpeachable witnesses. The jury
sat impatiently waiting for the
charge Of his Honor, upon which
to create another subject of ex-
ecutiVe clemency. But his HonOr's
charge" unfoIded a legal construction
that coueod o,.;os of racnacfEuI audifnrs
70 dilate to the dimensions of largest blue
edged saucerS. 1t was true the prisoner
had entered the building; it was true he
had stolen property but, according to
the learned Judges construction, build
ing unoccupied by family was neither a
dwelling nor house. Therefore, Cobb
was not guilty Of "house~breaking," and
the jury must End for the prisoner. The
jury obeyed, and the chevalier Cobb went
on his way rejoicing. He Of the judicial
ermine expressed willingness to retain the
could frame another indictment, but the
latter, evidently fearing another con-
structiOn which might abolish dwellings
altogether, declined"
This man so learned in the law,
is one J. E. Bigelow, carpet
Dagger from Michigan. He Ger
tainly fills the bilr' of the Gov
ernOr There can scarcely be
a doubt that he will sustain
every thing the Governor has done,
and give. just such construction to
every law on the statute book as
that fuDctionary desires. We do
not wonder thatthe Memphis AGA
lanche exclaims of this appointee OF
the Governor: HIS massive in
tellect has Illuminated the Criminal
Courtroom only a short time; yet
long enough to give to Il breathless
world opinions rivaling in wisdom
those of the far-famed Bunsby. A
few quivers of his rose-tinted lips
have shed new luster upon laws
long ago enshrined among the legal
classics. A few oscillations Of his
hand uproot the judicial errors of
the past, and ground on them the
granite of wisdom and justice" Let
us now appeal seriously to the
Radicals, especially those in the
Legislature, to tell us whittier We
are drifting under the judicial rule
of such men as BigelOw. How is
crime to be punished if such men as
he are to be kept on the bench ? We
do not doubt that if Cobb had been
white man and what the Governor
and his cohorts fippantly term
" Rebel, that Bigelow would have
so charged the jury as to insure his
conviction and punishment. But
he screened the culprit simply be
cause he is a negro, by con true
ton Of the law which stands alone
in the judicial history of Tennes
see. Does not such construction
OF law as this at once suggest to
the members of the Legislature the
direction in which we are drifting2
We need not repeat here that there
is want of confidence throughout
the State in the courts as at present
constituted. This fact is patent to
every man who takes any notice of
passing events. This charge of
Bigelow is well calculated to
strengthen and confirm this want
of confidence. 1t is easy to see
where we are to drift if this state Of
affairs is to continue. Men who