Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1871-01-06
JUDGES TBlGe AND EHM0Hs.
What ths Lawyers Say Of Thsm--.Ths
Foartssnth Amendment

MEMPHIS, December 81, 1870.
hon. III. II Emmons and Hon. q. r..
LEgg,sJ Judges Of tha Circuit andDistrict
Courts Of the United.Stafes:
As members Of the Bar Of Memphis,
10 a-5LenG=nc5 upon your courts now ia
Session. Te deem the occasion not inOu-
perfume Tor the expression Of some con-
sider2tiOns suggested by the situation IN
which the people OF West Tennessee are
placed. We desire that they may have
their confidence ia the Judicial tribunals.
more and more strengthened and nsnsw-
ed. We are persuaded that the matured
opinions Of those whom they have long
Known as practitioners in the courts.
might, for that reason. If for no other.
naturally be expected to exert an indu-
enc5, II made generally known through
out the country. Partly with this view,
and partly for the purpose Of offering
you some evidence Of u respect, we
venture to make this communication.
and 70 ask that if, in your Judgment. &c
would be likely to accomplish any useful
purpose, you viii allow il to 10 pub
lishsd.
In the exercise Of your Judicial discrs-
tou5 you have decided 70 cry, upon the
call Of your dOckets, a sufficient number
Of causes 20 raise the various points Of
law, involved in the construction OF the
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ment ofthe Federal Constitution; and to
postpone the other salts and prosecutions
brought under said section, until the
Judgment Of the Supreme Court Of the
United states can be had upon the con
~trOvsr5ed questions. The adoption Of this
course viii not only simplify the pro
Ceediug and diminish the expense 10 both
parties, but it viii also tend to quiet the
spprehensiocs Of the people and TO in
crease thelr trust in The faithful and lust
administration Of the law.
Intimately acquainted, as most Of as
are with the temper and feelings Of the
people Of West Tennessee. we believe that
In the whole number Of cases where per
sons may be supposed to hold Office in
violation Of the Fourteenth Amendment.
there is not One where either the officer OF
the people who elected him bad any
1nteattOn TO dIsObey the law, or to DEFY the
authority Of the Government. In many
instances, especially where the Offices are
OF Inferior grade, the iDCumbsnts were
not aware until the institution OF these
proceedings, that there was any Federal
law upon tbs subject of State Omces. In
some cases, 10 Is quite time the parties
knew OF the existence Of such laws: but
they mad no suspicion that their prO-
visions were applicable to them. In
the few remaining cases not embraced
within the above classes, tbs parties
were aware that they might be considered
TO be, technically, within the prOhfbf-
tiOns; but they accepted the offices in
the honest belief that the courts Of the [
United States would not 50 construe the
Jaw as 70 give It a retroactive operation.
Some Of these, We learn, have already re-
tired from Office rather than seem 10 be
Standing out against The Governments.
therefore, without expressing any
opinion az 10 the points involved in tina
nrTEErurrnnE NE am#lHHaHn 10 aL- -- D
HdanG belief that in no instance was there
any desire on the part Of either officer or
voter to raise an issue with the Govern
or to hinder the execution Of lis
laws, On the contrary, we think fU was
and is the fixed intention or the people Of
West Tennessee 70 obey the constitution
and the laws.
If the Supreme Court should decide in
favor Of b defendants. then, of course.
the prosecutions viii be dismissed. If
they should decide otherwise, then, in
our opinion, IN all cases where the facts
are Uutisputsd, the defendants viii i'm
medIa5ely submit to the judgment Of the
court with scarcely the form Of a trial.
There would then r6msiu only those
cases where the facts necessary
TO constitute the odense are ia
dispute. These would soon be dis
Of. And thus, without noise or
excitement, u without needless ex-
pen=sr the whole question would be set
sleu, andr law fully established.
But there is another view of the subject
n which our action may have the most
5alutary effect. 10 is believed that many
persons influential in the administration
the government, stand ready 10 sdvo-
sate the emOV of all disabilities, when
they can feel assured that the South
people viii, in good faith, obey the
-aW. IE Is Our opinion that this expert
can be safely made nOlD, and that
sooner it is made. the more signal viii
be It's success. But if we az. in error as
10 the present disposition OF the people.
We feel quite sure That when they come to
as they certainly will, how regard
al are the courts Of the rights Of the cfti-
and now determined thew are chat.
while On the one hand the law shall be-
althtuIIy enforced, and actual crime duiv
punished, no injustice on the other hand
nall ever be done to the accused, nor any
innocent man knowingly made 20 suffer.
we say, there VIII be such general
md marked evidences OF obedience to the
authorities, that Congress
iced hesitate nc longer 70 place the
people on the same footing with
VI other citizens Of the United States.
the mode in which you have admin
stored justice, andithe temper with which
GU nave treated. thes e,dslicsts CUES { Ons.
nall tend TO hasten the passage Oh this
.eneraI amnesty, you will find your am
lie reward in the approval OF your own
O-nscIeuces. 50 utterly removed is the
t.Chful discharge of judicial obligations
rom any association with the idea of
applause, that we dare not viO-
the pr0prieties Of professional deco
In by me unressrvsd expression of the
ign respect in which we hold your worth
services. We content ourselves with
more allowable privilege Of citing &
cur ohcial conduct, as an argument to {
II people to give their trust to the courts
f Justice, and to continue in the SUPPORT
I tbs laws Of the land. 8
Your Obedisnt servants, G