Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1870-02-05

not to give place 10 friends, but to do
justice to the people of the State. He
hoped the Convention would not be
frightened by cries that this was party
movement. The people of the State
had been run over by these men, and they
| owed them no manner of regard in the
| way of retaining them in Office.
| Mr.. Stephens will state briefly some
of the reasons which influence me to vote
in favor Of the proposition to supersede
the Judges now in Office. In the first
place, these Judges were appointed, or
| elected, as the case may be, either during
| a revolutionary period orin that intermedi-
ate stage between the revolution and the
present time, when it was deemed neces-
sary by those in power to confne the cleo
| tive franchise to small portion of the peo-
| pie, and that portion by no means the most
intelligent. These irregular and hasty
| appointments, and these partial elections,
were justified upon the ground of alleged
public necessity. In charity to those
| who then had supreme control in Tennes-
see, we must presume that the power to
vote was intended to be withheld from
the people only until they could be safely
| trusted, and thatswhen they should have
reached their majority, and should have
become of full age, they would be ex-
pected to take charge of their own affairs
| and elect their own agents. Any other
supposition than this would be an I'M
parchment of the honor and impartiality
and justice of the State Government.
The temporary guardianship which the
State assumed over them for their own
good, and for no other purpose, has now
ceased, and their franchises are turned
over to them. They are now to be con-
sidered entirely free to choose their own
public agents and servants. They are all
now recognized as being worthy to exer-
else the suffrage, and they have right to
claim its exercise.
Again: The list from which the
JUDGES have heretofore been taken was
necessarily small, on account of the re-
quisite political conditions or qualifica-
tons, and to that extent the chances
were diminished of securing the high
est ability and learning. But now, since
test oaths under our State laws no longer
exist, the field from which to select is
greatly enlarged, and the chances Of OBJ
tanning able Judges are thereby greatly
increased In relaying the foundations of
the political system of the State, 1t
would be extremely unwise to lose the
opportunity of obtaining Judges of the
very highest ability l wish to say that
l make no complaint of the Judges.
On the contrary, it gives me pleasure
to say that in most of the cases
which have come under my immediate
observation, they were the best selections
that could have been made, under the
circumstances. Occupying their places IN
a SOFT of antagonism to nine-tenths of the
intelligence of the State, their position has
been one of extreme delicacy, and the
wonder to me is that they have done so
well. Nor so far as | have observed,
| have they shown any indecent or over
whelming anxiety TO retain their places.
l speak here of my own end of the State.
have in my mind, one Of the most
worthy of them, who said to me some
moths ago, ''The people ought to call
| Convention, and vacate allthe Judgeships,
and hold a new election, in which every
body will have a voice. If they want US
| to stay on the bench, they will put US
back; and if they don't want us, we
ought not to stay"
This sentiment, l believe, is not I'M
common among the Judges. They feel
| and know, that no matter how acceptable
| they might otherwise be to the people, no
man likes to have ruler put over him
against his consent.
1t would surely be doing injustice to
those who have controlled the State
Government to conclude that by their ex
clusion of the body of the people from
office and from the ballot, they intended
to outlaw them forever; or that it was
| their purpose 10 PerPetuate their own OF
| fees beyond the period when the people
could be trusted with their own affairs.
Such an imputation would be an impeach-
mcnt OF their liberality and states man
ship. They now see that the people wish
to be heard in the selection of Judges;
and you may rely upon it, that no man
who is fit TO be a Judge would hold the
position against the declared will of the
legal voters.
Entertaining no unkind feelings against
the Judges, / shall deprecate any personal
| reflections against them, or any unneces-
sary haste in superseding them, as though
| we had personal feeling against chem,
to be gratified by their removal.
If precedents are wanting, however,
for their remOvalywe have not far to go.
| The Constitution of 1884 vacated all
| offices; and the amendment made in 1865,
with the act of Assembly made in pur-
suance of it, vacated all offices except
those which had been filed by the party
in power.
Mr.. Thompson, of Davidson, said that,
as constitutional lawyer, he had no doubt
| thaethe formation of new Constitution
| ipSO fdctO, vacated the bench. He had In
tended to vote in silence, but as he dis
claimed any bias of party spirit in the
matter, he would briefly give his reasons.
| A constitution is the social compact, the
| terms under which the people agree to live
| in organized government. 1t is, there
| fore, absolutely necessary that the judi
| ciary shall be constitutionally elected, for
the reason that the people, in their funda-
| mental law, have included that mode
| of election in the terms of the
| social compact. This, which Is true
| of each of the three departments
of the Government, is particularly true of
| the judiciary, who are the custodians OF
| the Constitution itself. Delegates need
only recur to the past history of the State
to see that, in times past, no other holding
was ever thought of For instance, in
4 1853, the Constitution was amended so as
| to elect the judiciary by the people; there
upon the entire judiciary was, reelected,
and with so little excitement that, | be-
lieve every Judge in Office was reelected
without opposition. | shall only say, IN
conclusion, that nothing can be more re-
pulsive to my feelings than the idea of
framing Constitution in aspirit OF retribu-
ton. We have excepted the executive and
the legislative from the ipS0 f0ctO removal
consequent on the formation of the new
Constitution. But we cannot COnfide the
Constitution itself to custodians who are
not elected under it, but under a system
wholly in antagOnism to its spirit. The
decision of the Supreme Court, rendered,
believe, on the very day of the election
| of the present Supreme Judges, itself de
| cided the entire bench of the State illegal
because not elected by the qualified voters
of the State. The new Constitution can
hurt no deserving man, because it has nc
proscriptive principles in it-test oaths
and candidates Oaths are at an end for
ever in the State.
Mr.. Brown, of Giles, said it was stated
by delegates that they had precedents fol
the action which they proposed now. The
Convention of '34had been cited, but un
der the Convention of '96 Judges held
office for life He did not stand up as
the champion of the present judiciary,