Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1869-10-10
OUR JUDICIAL SYSTEM.


\ 4
others, and TO submit them respectfully to. th
/ confederation of our General Assembly now
session at Nashville. 0i late years, all depart
! nents Of business have improved, labor wit
= 1 able extent been supplied by machinery an
steam. A few years back il would have take
! many men. much time and laborious toll
ern improvements, will easily do in short time
| and this economy of time has not been At Tn
| expense of precision and accuracy IN execution
Formerly the difficulty of travel and communi
cation almost prevented it, now the speed an
facility with which it is done is almost miracle
, what would have required weeks, months ant
years. IS now done in minutes. hours and days
The consequence of all this is that the relation
of life have been greatly multiplied and bust
ness and its necessities increased.
Our courts have not kept pace with the gen g
RAJ nS5sh n Of They are the IN
arranged with reference TO the necessities o
business then, and have only bern preserved
to US by the generation we all feel for what i!
old. They are vessels too small to hold the
| tide OF business pouring into them, and have
| overlooked. Substantial injustice is done By
want of ability to dc. the business Of the court.
| The system is passive violation ofthe 18th sec
art. l. of the constitution. Justice shall be ad-
ministsred without delay" Systems, like ID en-,
grow old, and necessity cries out that the bur
then shall be shifted to younger aHd more Wig
orous shoulders
| Wekn0w of no stronger argument to use
against our judicial system than simply to state
some of its practical working. The judicial
| power of this State shall be vested In one Su-
Preme Court; in such inferior courts as the
Legislature shall, from time TO time Ordain and
establish. and the judges thereof :"
| Constitution Of Tennessee, art. 8, sec. !.
The Supreme Court holds its sessions for the
three divisions of the State at Knoxville,
| Nashville and Brownsville. on the second Mon
day in September, first Monday in December,
and first mond " in April respectively. Its ju
/ risdiction is only appellate. All cases appealed
| from the inferior courts of record are tried in
| this.
The Chanccry Court is the inferior court es-
tablished for the trial Of equity cases. Tennes-
| see is divided into eight chancery divisions.
| Court meets in each county twice each year.
| The first term is the pleading term; the second
the trial is had, if both parties agree to il; but
| if they do not agree all know. too well, that
| there will be no trial. The trial is so far de-
pendent upon the will Of the parties, that it is
| altogether uncertain when suitor can obtain
his legal right. Expenses accumulate. time is
lost from business. and the annoyances are in
expressible.
Tho Circuit Court is the inferior court for the
trial Of law cases. Tennessee is divided into
sixteen circuits. Court meets in each coun ty
three times each year. The first is the term to
make up the pleading. the second the trial.
The same remarks in reference to delay apply
to this court as to the Chaneery Court. =
Even after judgment in either of these courts
there are many contingencies between the suitcr
and his money. Uno new trial is granted. and
Qno appeal taken, then execution may issue
thirty days after Judgment. Then u the defel-
dant has not put his property out of the reach
of an execution, and u the execution can be
levied upon personal property, the sutton may
get his money by the cOmmeneement of the next
term of the court. But u the execution is levied
on real property, and the property sold, the de-
tendant has three years to redeem it, if
he chooses. by paying the princiI al,
six per cent. interest. and the costs, Acts Tenh.
1861.
20. 2. No one will invest money in such an
uncertain purchase, consequently the plaintiff
must bid in the land, advance the costs, and
wait three years to see if the defendant will re-
deem, or the land v i'll be worth az much as his
claim.
But suppose enc of the parties is not willing
to abide the decision of the inferior court, and
appeals to the supreme Court then there is
additional and indefinite delay; before the ease
can be brought to final judgment. .Atthe last
term OF the Supreme Court for the Middle Dis
tTict of Tennessee. there were something more
than EIGHT HUNDRED cases on the docket, ready
for trial; after quite long session of the court
EIGHTY-EIGHT had been disposed OF.
Since then from Davidson county
alone, fOrty.Sic cases have been appealed from
the Chaneery Court and seDeHty from the Cir
cult Court. We have no means of information
as to how many have been appealed rom the
other counties in this division. We submit il as
a question to those who have cases pending in
Tennessee courts. How long do you calculate it
will be before justice is done your Is this delay
to be borne? Who desires it. and who is TO be
benefited by it. the man who.WRnts justice. or
the man VINO would evade il?
Our judicial system stands among us like some
old !eudal castle where ruin greenly dwels.'
and into it robbers retreat and defend thems
selves against the pursuit of justice.
| will state one case which occurs 70 me now,
as Illustrative of the working of our system. In
Davidson County Circuit Court suit was COM
menced on plain promissory note for s., 900 b0r-
rOWed money. Summons was served on de-
fsndant April IS, 1851. Trial was delayed
upon various preteXts as long as possible. then
defendant fled a bill in the Chaneery Court and
enjOined proceedings in the Circuit Court, This
Vraa1 al n q vuhn
came to hearing was of course thrown out; but
the defendant appealed. to the Supreme Court,
from this decision of the Chancellor, and the
case worked its way slowly through the
Supreme Court. the decision Of the Chancellor
was sustained. and the Circuit Court
directed TO proceed; The case now awaits its
turn in the Circuit Court, If, when it is tried
judgment is rendered against the defendant in
the Circuit Court he will Of course appeal to the
Supreme Court. l refer you to the figures
given above IN reference to the Supreme Court
docket, and ask when will this man get his
money? ..-
It is unnecessary to multiply examples. 1
refer you to your own experience, or go 10 your
neghbOr and you will learn Of the injustice
done by ''the laws delay" better than can tell
il here.
What we ask of the Honorable Legislature is,
that, by some means which may appear to
them best, they will do away with the causes OF
this unbearable delay. 1t will be seen by refer
ence to the sixth article OF the constitution OF
Tennessee. that the Legislature can regulate the
INFERIOR GOuTIS-Iue convention SOOA 10 assem-
Bile can regulate the Supreme Court. Our own
| opinion is that the whole system should be re-
modelled. 1t should bs treated like the heart Of
the man mentioned in the Scripture, out of
which the devils" were cast, and it was swept
and garnished." If the Honorable Legislature
| should think this striking too deep, change in
| the system of pleading, such that suit may be
brought to trial thirty days after service Of sum
mons would relieve US from many difficulties. II
| it is thought to be O hardship to force man to
pay his debts SO promptly, time may be gwen
e.
| three to eight months stay of execution, upon
| giving good security. rs in Justices court.
1t is believed that such a system would result
| in great benefits and among others the follow
| /. Suitors could make reas enable calculation
as to when money ceuld be made by process of
| law, and would therefore be more willing to
| lend 1t and put it in the market, and thus tend
to unlOOse the letters which hold down the
/ prosperity Of the State. Non, no man can tell
/ within five years of when the payment OF money
can be enforced by law. and men are afraid to
i put out their capital.
2 There would be no inducement to contest
cases merely for delay. Gases would only be
contested for what was believed to be good
| the expenses. and the burthens which the courts
| have now to carry.
| 3. When case is carried through at Once the
| facts are fresh in the minds Of the witnesses;
| nothing is lost by fOrgetfuiness. death or seats
! tering of witnesses Parties and attorneys go
! into the case with interest which is not allowed
to cool, and both are more able to present the
| case in all its strength.
4. Every case would be set for its day. and
| persons concerned in the suit would not lO6
| time in waiting for the trial.
1t is unnecessary to enUmerate aGyantag e.;
| they will suggest themselves to every business
man. This article has been written hurrisdly.
| aud we grant you as full Oiimp DIRECTIONS as you
please to say; but the subject is interesting and
| will recommend itself.
| Ii is hoped that there will be a general eX-
] preston of the interest felt on this subject Let
| us unite, and in the general spirit oi reform now
| pervadipg our State seek TO obtain a good judi
| cia system. Fer the present. we respectfully
| suggest the system in California which. with
some changes can be made a good one. We
have more TO say on this subject. and will do SC
| soon. EXPERIENTIA z.