Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1871-02-18

/ speedy and quiet disposition OF this
I irritating question so wholly fails.
/ We, however, accept, as every citizen
/ should do, this decision Of the superior
tribunal as high evidence that it is
right. 1t should give all much conf
/ dence that the evils we feared would
/ result from delay are not to be eXpe-
/ Tienced. Such certainly must have
/ been the opinion of the learned and
! patriotic body Of men as well quail
/ fed to Judge, and as far removed from
/ all influences to disturb the right ex-
ercise of their Judgment as any in the
! whole country. Sitting, as we do
/ here. in the midst Of all the circUm-
| stances upon which it has been exer-
cised, we cheerfully acquiesce in the
/ disposition they have made, and con-
! tinue this whole class of cases to the
succeeding term.
THE EVILS GROWING OUT OF THE
UNCERTAINTY OF OFFICIAL TEN
URE.
We have spoken Of the injury sup
! posed to result from the present con-
ditiOns. Without explanation, this
may mislead. 1t would be indecOrOus
/ to intimate that Judges claimed to be
| ineligible would not rightfully Judge
| the law; that an Attorney General,
| Sheriff, or other officer, will unfairly
act between one class Of citizens and
another. We add, therefore, that
what we most feared were the evils
growing out of the uncertainty of Off
cial tenure, and the sad consequences,
in our minds hardly capable Of exag-
geratiOn, of suffering a9V law, no mat
ter, how impOlitic and unnecessary,
to be wholly djsregarded by To-
cal organizations of great power
and influence. The minor and
comparatively trifiing questions of
whether here and there the COM
planned of offenders may violate pri-
vate rights, and do individual iDjus-
tice is Of but little importance. 1t is
the danger Of popular opinion, Of
communities growing bold by their
local unanimity, reaaing themselves
above and in defiance of the COnstitu-
tiOn, which, irrespective of all the ac-
Cidents Of the occasion, we deprecated
as citizens, and to terminate which at
the earliest possible period, we did all
in our power as Judges. However
plain may be the principles, we deem
it in the last degree dangerous and
disOrganiZing to transfer the legal tri-
bunals to the hustings, the discussion
and decision Of the validity of laws,
after they have received the sanction
of all the legislative bodies demanded
by the Constitution.
THE PRESS TO AID IN RECONCILIA-
TION.
If the people will still follow their
party leaders in hostility to the regu-
larly organized departments of the
Government, if they will again as
sumo to decide in passionate circum-
stances, 50 lily calculated to secure
right consideration, and are led into
this disOrganiZing and revolutionary
action by the oldest and ablest mem
bers Of the State, and all this while
the miserable consequences flowing
from the late war are, as yet, hardly
modified by peace, it was natural,
we submit, for Judges having the
prOcllvities so generally belonging to
their positions, to fear the consequent
ces of this political experiment. 1t
was fear springing from principles
the most general and universal in
their application, having small
reference to the persons and par
ticular organizations and parties,
through which, in this instance, the
formal laws are OverthrOwn. AS we
have already quito plainly said, the
actual attitude OF the offenders, the
course pursued by their professional
advisers, carrying out, undoubtedly,
the wishes of clients, the treatment
which these seemingly exciting facts
receive in high quarters so entirely
competent TO correctly appreciate
them, far to convince US that however
true may be the generality upon
which we insist that there is never
theless something in the Veculiarities
of its present violation and the gene
raj conditions of the country which
warrant a policy different from that
which we have so earnestly and conf
IDENTIFY tried to promote. 1t is now
quite in the power Of leading men Of
influence, and Of the press, to so aid
by Cancellation and good offices the
healing influence Of time, as to de-
mOnstrate at an early day their supe-
riOrity over the seVerer process of
courts, trials and punishments.