Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1870-07-05
THE STATE JUDICIAL CONVEN-
TFOS

Under the caption ga State Judi
cial Convention Unnecessary" the Ban
i,er in its last issue devotes two columns
to the subject, commencing by reference
to lis COLLECTIONS to q partisan State Ju-
dicial Convention. This is general. The
people demand something more specific.
In its general bearing, it might be argued
that our contemporary is for the brightest
legal luminary in this State without
regard to his politics. In other words
that legal ability, according to the estimate
of our contemporary, is to be the criterion
of the fitness of the candidate for Judicial
honors. But, may there not be differ
ence of opinion upon the subject of legal
ability2 Still if there were no difference
of opinion on this subject, is the Banner
prepared to say that it would be willing
to support him for the Supreme Bench
who was the acknowledged leader of the
bar in the State If SO, we
desire it to be distinctly understood,
that we differ, totally, from the position of
our contemporary. To Illustrate: 1t is
well known that there is q large party in
this State who regard the late Constitu-
tional Convention as Illegal. not binding;
and its Constitution submitted to and rat
flied by the people as null and void. Shall
we, according TO this non partisan view
of our contemporary, take one of the
holders of this opinion as q Supreme
Judge, although he may have the reputa-
ton of Kent or StOry2 or shall
we take one Of the humber lights
of the profession, whose views coincide
with the DISTINGUISHED masses, 10 wit,
that the convention was legally called,
legally acted and, that its action as ex-
pressed in the New Constitution, is legally
and constitutionally binding3 Ii will not
do to say that such a case is not presented.
That is the answer of a mere case lawyer.
The principle is the same, and princi-
pies are immutable. They apply yester-
day, to-day and forever.
The Banner, in the cagerness Of its
defense of Mr. Ewing, should not forget
that never q word was uttered by the
press of Tennessee which could be con-
strued into opposition to him until he had
placed himself in opposition to the wishes
of the bar of West Tennessee as eX-
pressed in their meeting at the Supreme
Court in Jackson, and in opposition TO
the wishes of various counties of the
three divisions of the State as expressed
in their county meetings.
The Banner, seemingly unwilling TO
forget the partisan prejudices which ex-
listed among our people previous to The
war-prt JUDGES which should now be
buried, the causes therefor having passed
away, and upon whose tomb should be
erected an altar of unity for the North,
the East, the West and South against the
expressions of Radicalism asks, in refer
ence to an objection expressed by Mem
phis contemporary, SIS it because Mr.. Ey-
ing did not happento be a Democrat of the
ante beylUna mould2" As quoted by the
Banner, the objection of the Memphis
journal is to Mr.. Ewing's singular re-
Communications to his countrymen in the
sad hour of darkness and disaster, when
every patriotic heart should have thrilled
with only the generous impulse of stand
ing by one another We have
not alluded to this objection to Mr.. Ewing
and should not have done so if it had not
been quoted in the editorial columns of cur
city contemporary, followed by an inter
rogatory calculated to cast reproach upon
all who may have been ante -JelIu1a Dem
Gratis. We have heard the same obiec-
ton to Mr.. Ewing urged by
bia old nolitico1 eacOciatnc mon who