Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1872-11-30
THE NE.E CHANCELLoR.
x.,s on.n,nr aodress 70 the Court.

cellor, By rendering 70 you my aSAnowF
edgement for the very fattering 1nanimity
with which you joined in the application Ior
nv appointment, and the very KIND manner
In which you individually expressed your
selves on the subject to me personally Inc
labors and responsibilities OF the J0aiclal
office in this State are SO heavy, and
the salary so inadequate, that the
incumbent needs the good wishes
and friendly encouragement OF the
Bar to enable him to bear the burden with
out falling by the wayside. take this
early opportunity, while our relations are OF
the pleasantest, to return thanks Tor the
past. aud to solicit your kindness in the
future, As soon as l begin the active as
charge of my functions, it will become my
duty to decideevery litigated case, a1d every
contested question presented, against one
of YOU. | know, from practical experience,
how difficult it often is to prevent the reel
ing of disappointment of the moment from
Influencing our permanent judgment:
However high may be our opinion OF
The ability and integrity Of judge, II
ia ant TO be shaken, if, when we nave
thoroughly convinced ourselves, Gas what
good advocate does not in almost every
case. even when it seemed hopeless
at frst.1 that law and justice are with
ms. the Judge should unfortunately think
otherwise; especially if he thinks so, as he
sometimes will, very emphatically. know
no wav to escape entirely this trait OF our
common nature, but we may soften its ef-
feet by being forewarned. Lei us look len
iep,ly at each others faults by striving, when
abitch occurs, to put ourselves in each others
nosi,ions for the Time being. Occasional col
| ljsions are inevitable. The lawyer, warm
from his view of the wrongs ard sutferings
| of his client. cannot but feel some exaspera-
| ton q the GOODNESS with which The judge
listens to their detail, and the pitiless impar-
tiality which il is his duty to maintain.
Let us mentally promise each other to try
10 guard against any unnecessary heat. Ii,
| occasionally, in the zeal for your clients,
vcn should show more ardor than dlscre-
| tiop. shall try to bear in mind that have
beer alorg there myself, AID have often,
no doubt, tried the temper OF the lncuuf-
bent of the bench. On the other hand, II,
in the impulse Of the moment, shoulo
show any of the Impotence or petulance
which too often accompanies official posi-
ton. trust you will reflect that it may be
vour fate, some time or other, to be placed
in the same predicament, and that you Will
be indulgent.
The surest safeguard to good under
standing between the bench and bar, and
# thoroughly approaching each other, Is
for each to strive to master the law and the
facts Of the case. Most of the differences
of opinion in this world grow out OF mis-
understanding of each others meaning.
Thare has been loose andindetinite use OF
words on vague and general view OF facts.
We do not always afix the same meaning TO
the same words, and we do often use differ
ent words in the same sense. To
bring the parties together it is
only necessary that each should
understand the subject of dispute more
thoroughly. Forensic discussions are no
exception to the general rule. Nothing
conduces to shorten them so much as accu-
rate knowledge of the law and the facts
All cases, even the most complicated, Can
be reduced TO few points; are nearly alway
thus reduced by the final decision. The
more thoroughly We master the case the
fewer, as g general rule, will be the contrO-
verted points. Most lawyers are, naturally
enough, afraid to cOnceGe anything, because
they have no. sufficiently digested their case
to see the result Of the concession In all lis
bearings, There are few Of US so gifted as
the distinguished counsel, OF whom L have
heard Judge Emmons speak, who was In
the habit of shortening the trial and the ar
pnment of causes in which he was engaged
by saving at once, when his adversary un'
| dertook 10 prove a poiut, that he agreed the
fact was so, and vhen a p0iGt OF Law was
msde IN argument, that be conceded 1t to
bs as claimed. until the controversy wa;
narrowed down TO the particular fact Oh
principle of law upon which be. intended tc
rest bis clients rights. Such men ara ex
ceptionsl. But all of US may, by industry
and attention, emulate his example to Ger
tain extent. Lei me earnestly urge the
members Of this Bar, sud particularly lt'
Younger members, to come to the hearing
Of their ciuses well prepared. Do nos trust
your clients rights 10 accident, or the Judge
alone. There may be good Bar without
good Bench, butiJi is well nigh impossible To
have good Judge without the aid of good
Bar. In the multiplicity Of Questions Of law
and fact upon which Chancellor Is called
to act where there is a GRO Tded docket, II
would be impossible for him TO decide then
correct " without the constant assistance o
an INTELLIGENT and industrious B Ar. Let me
impress upon the younger lawyers, for tht
older ones have long since found it out, tina
because man is a judge, and older thar
YOU are, or even an ADLER lawer, 1t does mol
follow that be can know everything, no
even always keep in his mind what b.
! does know, nor avoid occaSioDly commit
ting errors, and sometimes error that q law
student of six months standing ought no
to commit. l. is your duty TO know the
facts and the law of your case better thai
he can possibly do. His merit consists IL
j, fully appreciatiDg your exposition of you
case. If he does this, and you ar
right, you win your case. Ii b
does this, and you are wrong, ht
is able to satisfy you, perhaps, and at an
rate, the strictly impartial, wherein you
error lies. You ought never to come to 1
hearing, not even OF motion, without pre-
| yious examination, and, In most instances
q brief of the points Of fact and law relic
on. And this does not necessltate length
argument. 1t requires only brief IN IN
proper sense Of the tenn. Ano, let me ad'
), the better you understand your case, ID
= shorter will be your brief.
The most cheering thought to me in tn
. task which lies before me, is the hop
that NAV be Sble, by jIdlcious condu(
a | anu ld1CuICIbj W S''p' ~ ~ -
q building up of Bar worthy of the metrol
oils of the state, and worthy to wear II
maniles fthosa who have preceded then
. The Hon. Montgomery Blair, whose distil
; guished career is familiar to al OF US,
% his late professional visit TO Nashville pa
, us the cOmplims: Of saying that he ha
"a always heard cur Bar spoken OF
being an able one, and he was kind enoug
&c to add that he found it still merited its r
~ nown. In a few years, the young men wi
n are listening to me must take the places
n those who are now the leaders. They mu
be the great lawyers of their day and ge
Il Grafton. Let them aim to qualify Intensely
IS for their hig-. calling, l. Will give msgre
=. pleasure, if they will do their duty, to q
tv them in their task.
Since the death of Judge Friersoa, wi
lg was, as sill who ever had the pleasure
K practicing before him know, model Judg
ne owing 10 circumstances familiar to all
it Us, and which need not be dwelt upon, Il
ss Bench has been filed in rapid succession
K a number of incumbentS. No one OF the
ne to the election of my immediate predecess
either felt that his tenure Of office was We
secure or cared that it should be. III
be were induced, By tie solicitation OF INT