Knoxville daily chronicle. [volume] (Knoxville, Tenn.) 1870-1882, 1871-01-19
DISABILITIES.
Letter from Hon. w. d. Stokes.

On the 9Oth day of November, 1870
Judge Sneed, of the Supreme Bench ad
dressed a letter to Jordan Stokes, at Nasn
vile. asking him to assist him through nls
| friends in Congress. in "having some IA
yorable action" by that body In the rem0V'
al of political disabilities incurred under
| the Fourteenth Amendment of the Constr
| tuition.
brother Hon. w. B. Stokes, and asked him
| to give Judge Sneed the benefit of his
name and influence in securing the re-
moval of such disabilities. Gen. Stokes
made the following frank and pointed re-
ply:
WASHINGTON, Jan. 5, 1871.
DEAR BROTHER: Your favor of the 10Th
ultimo, enclosing Gen. Sneed's letter, Is
ceivedr In reply i will state that before the
election for Supreme Judges in Tennessee
last August, / was decidedly in favor of re-
lieving all men of their legal and political
disabilities who would apply for the same.
Gen. Sneed was here near the close of the
session in July last, and seemed very anx-
ious to get his disabilities removed. / was
in favor of its being done, and so expressed
myself to him, for we had for many years
political as well as personal friends. He
certainly must have considered himself Ia
boring under disabilities, or why would he
to enter upon the discharge of the duties
of Supreme Judge, he had no scruples as
to taking the oath of office. At least he
did take it.
He further says he does not wish to liti-
gate such question with the Government.
Then ask, why did he deliberate violate
the Constitution and the..laws of the land :?
In my Judgment, it was his duty to have
peremptorily refused to exercise the func-
tions of the Office until relieved. 1t would
certainly have been better for him, and l
am sure the country would not have been
worsted. 1t appears to me that it would
have been infinitely better to have had no
court than to have had one composed, of
men who are constitutionally disqualified.
whose decisions are questionable, If not
utterly void But after man has gone
on and taken the oath of office, and is ex-
ercsng the functions of the same IN direct
violation of the Federal Constitution and
in defiance of the laws of the land, and
now under indictment in the Federal
Court for one, cannot give my consent TO
have him relieved until he has satisfied
the demands of the court. If he proves
himself innocent, then he will need no re-
lief from Congress but if, on the contrary,
he should be convicted, then he will need
a pardon from the Executive, and also an
act of Congress for his relief, then | could
very properly come to his assistance. But
at present do not wish TO interfere with
the action of the court or the grand jury.
IfGeneral Sneed knew he was disquali
fed then he is unfit to be Judge oi any
court if, on the other hand, he pleads e
nOrance, that ought to render him unit.
ct him choose either horn Of he dilemma
and he stands coRdenlned. / agree will
you tlat we ought TO have permanent
judiciary, and but for such men as COM
pose he present Supreme Court, we would
have had it. In fact, we did have 1t in
the personsof Hawkins. McClain and An
drews, men of known legal ability, un-
questioned integrity and moral worth.
Elected too, by the legal, qualified voters
of the State, and strictly in accordance
with the Constitution aud laws Of the
Sta G, which had been recognized by Con-
gress as the organic law OF the Stale in
July, 1855.
Now, in conclusion, I will state that in
my judgment, the best and surest way to
obtain q psrrnagent judiciary is, to have
the present 6ogies, illegal, unconstitutional
State Government set aside, and the for
mer Supreme Judges placed back upon the
bench Then you would have constitu-
tional, legal court. What Congress will
do in the way of relieving persons of
their political disabilities during the
present session l cannot tell. but am
CONVINCED that nane will be relieved who
are now indicted in the Federal Court.
have thus written plainly, as I know
you desired candid answer. If such men
as now compose the Supreme Court of
Tennessee are to go unpunished for vio-
lation of the Constitution and laws of the
to punish the poor, humble, ignorant per-
sons who may happen to trangress the
laws? In my humble judgment all men
should fare alike The rich as well as the
poor, the high as we'll as the low, should
be made to respect and obey the laws of
the land. With sincere good wishes,
am, your brother,
w. B. STOKES.