Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1871-02-17

Oent tnat III the learned counsel Tor the
defendant would consent that all the cases
should abide the decisions in few lead
ing ones, to be certified to the Supreme
Court, an immense waste of time, ex
pense and injurious excitement would be
saved This was agreed to. 1t was not
doubted in the least, that, where many
hundred of cases all depended upon the
judgments to be rendered after a single
argument in the Supreme Cont, that
hearing and decision there would take
precedence of all other business. A con-
trary course never for an instant entered
the minds of either party here. 1t was
deemed certain that by such an adjust
ment this whole irritating subject would
be quietly terminated in few weeks, in
a mode at once the most kindly and
speedy. 1t would be adjudged that no
offenses had been committed, or every
citizen illegally holding office would retire
without trial. The only exception would
be where there was a denial of the facts
charged in the plesdiDgs.
To the great disappointment of all i'm
mediately concerned, such is the crowded
state of the business at Washington that
they cannot for the present, be heard.
The Attorney and Solicitor General were
not unmindful of the pressing nature of
these causes, and moved to advance them
on the docket of the Supreme Court.
That high tribunal, we have full con-
fidence, gave the subject all the considera-
ton it deserved, and, in view of the other
important and long delayed business before
it, deemed it inconsistent with duty to in
terfere with what had been specially set
for hearing, and refused the motion.
The Judges of this court, influenced
by those feelings always connect
ing themselves with what we are
personally concerned, may experience
much DISAPPOINTMENT or even NOR
LITIGATION that our plan for so speedy
and quiet disposition of this irritating
question 80 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 confidence that the evils we
feared would result from delay are not to
be experienced. Such certainly must
have been the opinion of the learned and
patriotic body of NTH as well qualified to
judge, and as far removed from all infiu-
ences to disturb the right exercise of their
judgment as any in the whole country.
Sitting, as we do here, in the midst of all
the circumstances upon which it has been
exercised, we cheerfully acquiesce in the
disposition they have made, and continue
this whole class of cases 10 the succeed
ing term.
We have spoken of the injury suppos
ed to result from the present conditions.
Without explanation, this may mislead.
1t would be indecOrous 10 intimate that
judges claimed to be ineligible would not
rightfully adjudge the law; that an At
torney General, Sheriff, or other officer,
will unfairly sct between one Clsss of citi-
Zens and another. We add, therefore,
that what we most feared were the evils
growing cut of the uncertainty of official
tenure, and the sad consequences, in our
minds hardly capable of exsggeration,
of suffering any law, no matter how i'm
polite and unnecessary, to be wholly
disregarded by local organizations of great
power and influence. The minor and
comparatively trifiin. questions of whe-
theT here and there the complained of of
Tenders may violate private rights, and do
individual injustice is of but little import
ance. 1t is the danger of popular Opin-
ion, of communities growing bold by
their local unanimily, rearing themselves
above and in defiance of the Constitution,
which, irrespective of all the accidents of
the occasion, we deprecated as citizens,
and 10 terminate which, at the earliest
possible period, we did all in our power
as Judges. However plain NAV be the
principle, we deem it in the last degree
dangerous and disorganizing TO transfer
from the legal tribunals to the hastings,
the discussion and decision of the valid
ity of laws, after they have received the
sanction of all the legislative bodies de-
manded by the Constitution. If the
people will follow their party leaders
IN opposition to tie regularly organ
lied departments of the Government, if
they will again assume to decide in pas
siOnate circumstances, so lily calculated
to secure right consideration, and are led
into this disOrganizing and revolutionary
action by the oldest and ablest members |
of the State, and all this while the mis-
cradle consequences flowing from the |
late war, are, as yet, hardly modified by |
peace, it was natural, we submit, for |
Judges having the prOClivities so general |
ly belonging to their position, to fear the |
of this political expert |
ment. 1t was afear springing from prin-
ciples the most general and universal in |
their application, having small reference !
to the persons and particular organizations |
and parties, through which, in |
this instance, the formal laws are
OverthrOwn. As we have already |
quite plainly said, the actual attitude of |
the offenders, the c0use pursued by their
advisers, carrying out, I'M
the wishes OF clients, the treat
ment which these seemingly exciting |
facts receive in high quarters 50 entirely |
to correctly appreciate them, |
go far to convince us that however true |
may be the generality upon which we in
sist, that there is nevertheless something |
in the peculiariIie5 of its present violation |
and the general conditions Of the coun- |
try which warrant policy different from |
that which we have SO earnestly and con-
fidently tried to promote. l. is now
quite in the power OF leading men to in-
1uenCe, and of the press to so aid by |
Cancellation and good offices the healing |
of time, as so demonstrate at an
early day their superiority over the
severe process of courts, trials and