Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1872-09-11
The Small Offence Law.

To the Editor Of the Union and American.
The obi ct Of the government being to
protect lie, liberty and property, every per-
son who desires the protection of person
AID proper y and the perpetuation Of our
liberties, should feel and take an interest in
upholding and enforcing the laws enacted
for that pun pose, and should discounte-
nance attempts 10 evade or defeat proper
enforcement Of such laws, whether in high
Or low places, and it would seem that the ex-
berience of he past ought to be sufficient
to convince al that ''tk0 small offence lGlcp
as at present enforced in some portions Of
Tennessee is m0ckery of juSfice, is ma
protection to the persons Of the citizens,
and unless more faithfully executed ought
to be stricken fromSthe Statute book. Men
whose SaCoYn dlCtyit is to keep the peace, will,
in the most lvQntOn, reckless and fragrant
manner, aud in the most public places, will
fully and deliberately rave and swear, and
commit assaults and batteries on the per-
sons of the most peaceable and law abiding
citizens, and then on the first day of the
next Circuit Court, procure himself to be
prosecuted by some relGtiUe or friend, car
RED before some Justice of the Peace Sefec-
ted by himself, advise how the case should
be conducted, have it tried in his otUn house,
on charge preferred by himself, on the tes-
timony of 1citneSSeS procured by himself
and who knew but little and probably moth
ing about the case, and fined some two or
thee dollars, and then report the fact of
such trial to some friend or friends on the
grand jury, that they may have an excuse
for not finding true bill if the offended
party should wish to prosecute the case, by
enabling them to plead that the defendant
had once been tried and fined, and that
such trial was bar to any other suit. The
object of the defendant in procuring such
mock trial being fully understood
by the prosecutor, the constable, the wit
nesses, the Justice of the Peace trying the
case, and bis friends on the grand jury, and
when the offended party appears before the
grand jury of his county, and appeals to
them TO enforce the laws for the protection
of the citizen, and presents the fact of a
fragrant violation of the laws of the State,
and that too by Justice of the Peace, or |
other peace officer, they willful!y and stub |
bornly refuse 10 take any notice of the case,
and plead trial about which they could |
have known but little, and should not haze |
kRO,cn anything as grand jurors. Further
it seems to me that any Justice of the |
Peace or grand juror ought to
know that trials for official
misconduct are not cognizable before Justi-
ces of the Peace under ''the small offence |
Ia'o," part of the judgment for such Of
fences being to remOye the offending official
from Office and declare him incl gible to
hold office thereafter under the COnstitu-
ton and laws OF Tennessee. New, can the
the Government, with such law, under
stood and enforced in such manner, with
at least half of the officials trying to evade
the laws, and to screen and protect Of
tenders against the penalty of the laws,
protect the persons and property of the
honest lsw-abiding citizens? If the courts
of the country consider such case as here
in made out faithful enforcement of 'the
small ofense law" it ought to be repealed;
and if not, the juries of the country ought |
to be 80 charged By the Circuit and Crimi-
nal Court Judges as to stop the mock trials
had under said law. CITIZEN.
LAwRENcEBUBG, Sept. 7, 1872.