Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1870-12-04

no respect for either. There was no be-
lief that they were SO loved and vener-
ated by the people that they would sacri-
fee men by hundreds of thousands, and
money by thousands of millions for their
preservation. And did l wish, as an un-
friendly partisan, to stimulate the worst
possible actions, that which would most
powerfully operate adversely upon those
who alone can give the wished for relief,
/ would advise such unprincipled conduct
on the part of grand ndpetit jurors, such
Incorporate and unfriendly discussions at
the bar; such factious opposition to
speedy trials and final determinations, as
win evince, beyond question, such con-
ditioa of feeling and opinion here as, in
the well known and already expressed
judgments of both friends end foes, will
render unsafe the enactment of the law
you ask. And if, on the contrary, de-
sired to hasten that time when the Con-
stitution and laws will throw no impede
ment in the way of those, who are
ready and anxious to forgive those
with whom we differed and fought;
if 1 wished in the most direct
and immediate manner TO bring all again
together in such conditions Is would make
practical forgetfulness follow forgiveness,
| would SO conduct all our actions here
and everywhere, that the severest scrutiny
could detect neither unkindness or disre-
spect. There should be no flippant and
impotent defiance OF the government.
The Congress should be made to know
with certainty; the conduct should be such
as would demonstrate that the ssgaci0us
and leading statesmen of Tennessee had
no purpose of permanent and stubborn
agitation. The lawyer like and kindly
spirit of the contest should render all
argument unnecessary; it should compel
the inference that elections were held
and offices accepted ia the respectful and
justifisble belief that if these acts were
judcially determined to be unlawful, that
the disabilities of the incumbent would
be removed, or that they would be per-
mitted to retire from their places in ODE
dience to the judgments of the courts
wi bout severe and infamous punishmens,
in every case where they had been &C
cepted in a mistaken opinion of the law.
Aud gentlemen: all this is still in our
power, difficult as it may seem. While
the offences charged, if unrestrained,
through negligence or want of power,
viii work public injury, infinitely be-
You'd that caused by the commission of
com non and universally condemned
crimes; still it is idle to overlook the fact
that the offenders in many, and in the
musJ injurious instances, are gentlemen
who would not steal your money, or alter
your checks; men of position and wealth,
IS deeply interes ed in the welfare of
the country and Government, as you who
indict, or l who am to judge them. The
sole object of punishment in case so
anomalous, is to arrest the complained of
action, not 10 reform the offender. The
penalty itself, was imposed solely in the
fear that they at whom it was pointed
would, by interference in public affairs
again promote vi IlatiOns of the law. Let
all this cease, and few months of peace
full acquiesence in the ''Tule of civil con-
duct prescribed by the Supreme power
in the State" will testify to our law
makers that they whose activity in office
they feared, will be safe and faithful
agents.
That the time hay be near when our
fellow-citizens of Tennessee may with
unrestrained liberty maketbcir official Sc
lections, l sincerely hope.
Here, as elsewhere, l shall do all in my
power to make this the last session Of this
court at which citizens are arraigned for
judgment as criminals ins whom l am
compelled to recognize the equals of
either jury or judge. This effort on the
part of all, must be directed to removal
of the causes and conditions which were
supposed to demand these uenactments in
the outset, and which will, beyond all
doubt, while they continue, prevent the
changes we all so much desire.