Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1869-09-12
.eur,d to the House Of fIantassnet BY tic fall

/ | quently has approached iusiduously, eoiling il
IS self, half concealed, about the folds of the El
e 1 mine, enhancing with its basilisk glance, tn
!. | victim of its Vaccinations. until corruptiO
e was instiiled through the JUNCTION Of flatterie.
g and vice crept through the assures of .justic
E l and held the seat of virtue. History abound
0 | in beautiful incidents, where the virtue of tn
|, Bench has proven to be incorrGptible. wher
. the tongue of hattery. the prefer Of power AM
| place, and the music of the dollars chink =
g | have alike failed to seduce His Honor" from
! his sacred trust. In some recent instances
however. with regret. be it spoken, where thes'
enectlve weaponS have fallen short of thei
| aim, the more potent N ans of EcecHtiUe Man
dates have been sorted to to disrObe the Judge
/ OF his official mantle, or else circumscribe hi;
sphere of action. I he driving wheel OF Legis
lathe machinery. too, has been put in play to
/ crush the upright Judge to forestall the deci-
/ sion of Courts. and TO render abOrtiTe adjudi-
cations at War with the absorbing interests OF
/ the other coordinate departments of govern
| ment. This is species of Capitalization de-
| structive 10 Republican liberty. Where ambi~
ton holds sway. and clutches at power with re-
morseless grasp. by prince or party the only
| on the Bench. How like god the Judge who
sits. surrounded by venality. and corruption.
| re isting the tide of popular frenzy!
I Revolution, with its torch and axe is the
| fiery furnace" that gives the severest test to
the Bench. 1t opens avenues hitherto unknown,
through which the tempter comes. That virtue
Is OF Roman cast. which resists and defes the
varied and contradictory incidents of revolu-
ton- 1t is not especially peculiar TO any people
or age. and shines with radiance wherever
found, whether beneath the Cross or the Cres-
cent 1t dsfes the shell of Ostracism, cast by
the ungrateful Greek against "Aristides the
| Just" 1t defeS the voice of an all powerful
| Senate, or of potent Parliament, and laughs
| TO scorn that charlatanism of scu;vy politicians
| which testers upon the body polite. Dives and
| Lazarus are the same to it, not being moved by
the lamentations of poverty. nor the boasts of
wealth. 1t was the pride and ornament Of the
/ Augustan age amid the imperial Caesars When
| the Presbyterian faith Of Cromwell inspired
destructive opposition to the maynard Charles,
| of the day, Sir Matthew Hale, for his virtu-
GUS devotion to the Ter scrIptd, regardless Of the
interest Of the dominant party. was retained on
the Bench by the various successive parties in
power.
in the broad and varied field of incident pre-.
sented by our late American conflict, we have
witnessed the development of Judicial charac-
ter; in some instances. with exultant pride; in
others, 1t tingied the cheeks with shame, even
to the very temples.
As long as the children of Israel guarded with
sanctity the Ark Of the Covenant, God, who
had given unto them the sacred seal" was
with them; but hen they would fain abandon
1t, they were anathema- maranataa, While the
constitution, framed for us by our fathers, was
saeredly worshipped, and its entrances guarded,
as was Eden. by the flaming sword, we were
safe. When, il days of yorc, representatives
of virtuOus people made their official pill
grlmage to our national Mecca as the chosen
guardians of the political ark of our cove
nant; when they bore with them the patriotic |
de!otions of a free people, as the accepted of
tering, and when the Judiciary, the hOnored |
Keepers of our sacred seal, could frown with |
a virtuOus Indignation, and defy the saerile- |
glous hands that would dare assail it, liberty
i1ds safe! But when, amidst the cOrruptiOns of |
revolution, The mad spirit, either of Executive |
or Legl lauve power, rises from n sea of blood, |
and will not down at Judicial bidding. may |
we not pnu-e upon the watch-tOwers, and ex /
claim, w hither are We tendiDg?"
Tho source OF patronage is the source of pow
or. and asgTandlzing in its tendency; If a mon
archy the King, the head of the ErecdiUe, is Il
constantly strlving-tO increase his authority, /
and make the other branches of government l
dependent npOn him! If Republic, the PEG l
pie, their immediate representatives the
LeglsLqtHrci have n like tendency to absorb its /
cO-Urdlnates IN the exercise of PATRONAGE The /
Judiciary or third branch of government, is
too apt under such motives as govern ordinary
men, TO lean TO the source whence springs its
official statuSl To guard against this, should
be the aim OF the upright Judge. Capitalization
Is the tendency OF the times, and, as 1T pro-
crosses, dlminutiOn of patronage and author
lty, IN the inferior departments of government, |
Is the inevitable result; and if, under this cen
traliZlng pressure. the Judiciary become de-
pendent and sEtSerUleI1. where is our national
aud individual safety? Will there not always |
be those who pAnder TO influence. regardless
alike Of virtue and of consequence? When an
IadepeHdeHt judiciary is stricken down, and the
satraps Of power, as political Judges, hold the
seats, and sit in Judgment on life. liberty and
property may we not expect suspension of
hdJeds corpus writS, trials by juries denied, and |
that the merltorious be turned out of his birth |
right that
"Eipers may creep where man disdains to climb,
And having wound their lOathsome track to |
the top
OF this huge Wondering monument of Rome.
Hang Kissing at the nobler II Al beiOS!"
Are we not drifting into this melstrom, and |
may We not awake, when too late, to the real
lily OF Madame hoWland's exclamation, as she
was borne to the scAfOld, oh! Libcrte! c0nJiea |
de crimes aUez COus commits par a MN lar
Ii the Bench, however. be true to itself true |
to its inherent constitutional rights. and the |
rights of those upon which it is calle, 90 adju- |
dicRte it will place itself still higher in the scale
OF human estimate. and add dignity and glory |
to the honored ssatl We are not without hope, |
even IN these degenerate days, for, nOtwith- |
standing party diplomacy to circumyent, eau
Gus dicta 20 lntlmIdate and Legislative enact |
nents TO curtail existing rights and circum-
scribe the future action of the National Court |
we find, here and there, monuments of honor |
and glory, rising In a calm dignity and lofty |
Independence, from among the late inter l
states Strue, showing u.s. AMID the gloom |
and darkness of the hour, worlds of light we |
neer could see by day" We have witnessed, !
with proud satisfaction, the tenacity with |
which some OF the Supreme Judges of the
United States Court adhere to the ancient land |
marks Of constitutional liberty, which the |
hand of the despoiler was raised TO obliteratc. |
Without being invIdious, may l. not refer to |
Judge Greer, the oldest member of the Su- |
preme Bench, when the trial of McCardle's |
case was postponed? Such virtue as became in
dignant at the postpOHeiReIa Of a cause in which |
apparent trimming of Court of the highest |
jurisdiction to suit the fanatical breeze of the
hour; that resists without fear: the will Of
majority, and criticlses, In manly rebuke, the
indifference of his fellows ID speedy action, |
where the writ of hdbeas corpus was involved,
and with it, the freedom of the Press and the
sympathles. senHolllAes, ana nights, OF down
trOdden people, comments itself to patriots Il
and TO history. This old man OF the gown, re-
buking fanaticlsm as II sought to override the Il
bulwaTks of constitutional liberty. was not Il
10 Cardinal RIphnlInm az Hipy on fha
verge of eternity, struggling fer his be- Il
loved France against the Vaccinations of Bar i
sda7, when. from the decrepi 'ude of age. he Il
grasped, but could not WELD, the mighty sword Il
of ancestral kings! We of the ill-starred South /
cling to the old COaTt," as does the drowning L
mariner to the last plank of his shattered Il
wreck. 1t stands in the deadly breach" and L
can play the part of Coolies at the head of Ii Il
Der bridge and beat back such vandals as would 1
dare cross the threshold of constitutional liber
ty. There IS yet high and lofty virtue In the L
sacred precincts of that judicial Tribunal
virtue of the Olden timO, akin to that of the /
Roman Senators who, when BrennuS, the Gallo |
Chieftain, and his wild, intrepid warriors. whom
he led into the smiling plains of Italy from
their trans Alpine homes, entered the gates of |
Rome, and their wild, unnatural cry of ''UG
Uictts !" lwoe 10 the conquered y awoke thou
sand startling echoes along her imperial haUnts |
and sacred temples. until her defeated sOldiery
and terror stricken citizens, fled for safety to
the Capitoline Hall-ctna high place where |
Rome embraced her heroes, y moved by patri- |
OF c impulses snd true Roman virtue. those old |
Senators remained in the Frrum, and occupy
ing their eurule seats, calmly awaited the bar
bHrians approach.
The BAR" is the foundation and support If
the BENCH" The latter grows out OF the for
mcr and is supposed to be its browning Orna
ment Conf ence should be mutual, and re
spnnlibiiticS attach 20 each. If the Bench gives
DECISIONS the Bar furnishes, bv way Of proof
aud argument, the data upon which they are
basel. The opinion" of the one is often the
fTuit OF the labor OF the other
IL life, liberty and property. depend upon
the Judgment" Of the one. that Judgment" IN
turn often depends upon the calculation Of
principles by the other. There is no held so in
viting to the man OF taste and genius as the Bar;
none where sweeter flowers of rhetOric may be
gathered, OF rlper sheaNeS oil substantial mar
vesting. If adverse verdicts are disagreeable,
they afford an opportunity for the exercise OF
those cardinal virtues, patience and forbear-
aLce. Ii favorable. a source of satisfaction TO
| both attorney and client, enjoyed not only for
the sake of success, but az vindication Of right
and justice:
1 and that member OF the Bar whs has marked
/ out for himself the road to legal distinction,
1 must bear with tOrttude, and submit without
| murmur, to the dull reality of n "brieileSs" pc
| riod, which is but the dark shadow of ttat tenn
/ PIE he saw through the heated Imagination of
| young ambition. The pathway is thorny, with
here and there wild rose tang lied in the hodges
| through which he must pass. Ii often happens
| that early praise, and the excited hope of i'm
| mediate gifts. charm and sedGce the mind from
| tie un'nNltlng avenues oil dueht ton That lead
| to the oTtal through which all must pass. 1t
to often happens that the garland woven By
admiring friends for the brow of the young Ad-
| yocate fades and withcr5 under the bale iDilu-
ence of seeming delay in securing the attention
| OF the courts OF the country. That quvcring
| mirror the public mind. into which the image
| of every legal tyro must be thrown, is not the
| glass of fashion" TO render back the mould OF
| iorm," but blurred and broken one, that dis
tOrts the features il fain would tatJer. 1t often
| invites but to destroy. TEat professional ann
| bition which eds in its early career. upon the
| air-castles of prurient fancy. is apt to pass
| Into di5tasteful reality, as soon as the glowing
| hope is chilled by first disappointment. The
sen US which sparkles at the first contact, and