Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1869-11-11
OUR JUDICIAL SYSTEM.


people at the ballot-box.
---s--z----
OUR JUDICIAL SYSTEM.
Alterations and Amendments Pro-
posed
To the Editors Of the Union and American:
In times of public disturbance, of any
character, or whenever the body polite
becomes conscious of the workings of its
individual functions, there il probably no
greater evidence of a diseased system at
such time than thatit should have drawn
to itself public attention, be 1t either In ap-
proval or condemnation. Many of these
causes of subsequent ecstatic action are
not unfrequently left undiscussed in par
ticular terms long after they have profuse-
ly Influenced the mind of people by their
latent presence. At such times, when a
latent influence is about to become an
energetic power, suggestions as to the di-
rection of this quiet legislation, are in their
appropriate occasion, and are demandedas
aninterChange Of views and thought, for
common good. We have heretofore ex-
pressed an opinion as to some of the i'm
perfections of our judicial system, with
view rather of calling the attention of
legislators to the system, with only
a few suggestions as to its errors, hoping
that We could safely leave to their discern
ment the requisites necessary to be effect
ed to secure a perfect code of procedure
In the same connection, and for the same
purpose, we come again. We most ear
nestly hope that there are thinking men
men of actiOn-men who can sufficiently
comprehend the actual and subsisting re-
quirements of their times, now among our
lawmakers, or will be among them at an
early day, to act decisively In the neces-
sary innovations in any department, and
that they will use without fear the scalpel
instead of the time-rotted bandage. Many
seem to recoil with fear from any change
that is an abandonment of precedent and
authority. We are thoroughly aware,
again, that q radical change so effectually
estops those who are wont to claim public
attention in the thoussndth repetition of
their compilations from others, that there
is no hope Of sanction from this
class, which is unfortunately large
Utterly devoid of originality or of courage
TO think for themselves, they have dwelt
upon "the wisdom of ancient times. -
upon time honored customs, upon sys-
tens that have the sanction of hoary
ages, upon 'the experience of our an
cestors, " until the whole Of the laws and
enactments have become 80 circumscribed
that in many instances they fail to secure
the end for which they are designed The
frequent use, by the number of aspirants
and recipients of public hOnors, of such
limited material, makes it a matter of no
surprise that new ideas, like all forth
coming novelties, should be greeted with
unceasing applause. But that such argu-
ments should influence any rational, en-
lightened mind, is utterly incomprehensi-
bic, unless the people, unconscious of the
latent influence Of growing opinion, tread
with their representatives "a fantastic
round, but never change their motion or
their ground. But it is time such mouths
were closed and such leadership ended,
and that the public intelligence had
ceased to be insulted by the advocacy
OF such miserable fallacies We are con-
ttdent that there are those who, from amid
the perplexing and conflicting elements of
the period, will draw harmony and wis
dom, and viii indicate and embody in the
laws the same wisdom and truth which
they themselves possess. The initiative
subterfuges of mediocre men to cover their
pitiable ignorance are of a character to be
permanently evil in their influence, ap-
pealingas they do in their demagogue char
acter to the vilest pTejudices of the
masses. OF this narrow and perverted
condition the history of our own legisla-
ton furnishes a most remarkable and in
structive example 1t is totally useless TO
pander longer to the ignorant prejudices
of any individual or class. If errors are
10 be righted it can only be done by earn
est effort and thought When personal
popularity is to be the criterion of merit
and, without other requisites, vest a right to
public leadership and legal administration,
it cannot be a matter of surprise that
political demagOgues are lawmakers and
cross road politicians controllers of public
opinion; nor is the wOnderment at the
diseased condition of public affairs de-
creased when the fact is forced upon us
that learned and deep-thinking men, who
have energy to labor for, and brains to
UNNECESSARILY pAODlEAu5 VI
are thrust aside for dippant creatures who
have never had an idea Of government
above the municipal regulations of their
own precinct All this we know results
from the controlling mass, nor would we
suggest them as evils to be remedied, but
that we believe that there are thinking
men in sufficient number to control popu.
lar elections whenever they can be induced
to lay aside for a time their own affairs and
labor actively for the public good. Popular
ideas of republican government have
reached point the consideration of which
would be exceedingly diverting did it not
extend in some degree to the government
itself, thereby becoming exceedingly per-
nicious in its influences. A chaotic con-
dition of equality and equal rights per
vades the public understanding with
total disregard of anything but personal
rights. Free government seems to be
thought to be of the people, and for them
in their personal capacity. Their ideas Of
popular control wherein the people be
lieve themselves TO be supreme, do lot
express the real and existing state of af.
fairs. Force and cOnstraint, as contra
distinguished from individual independ-
ence and freedom, exist as well under the
will Of a majority in this republic, as IN
der any other government That Is the
organic principle of this republic, in its
several coordinate branches. In every
representative government similar to this
one, the bias of the administra-
ton will be in keeping with the
issues Of which it is the representative,
arising from the influences Of party spirit
and principles Whatever springs from
a party directly, must, as natural and
necessary consequence, be influenced By
the party feelings and prejudices. If the
coordinate branches of State govern
ment are to balance and control
each other, it is not necessary that they
should not ne Influenced by inclina-
tons and prejudices. The protection of
a minority lies in these checks of the CO.
ordinate departments. If the Executive,
Legislature and Judiciary arise from the
same source, is it, again, necessary con-
sequence that they viii have the same
bias and prejudices Every one to whom
these subjects are Of interest and atten-
ton is familiar with the philosophy of
government as regards the three branches.
We think it may safely be laid down
as a rule which is true in
every particular, that, to secure