Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1873-03-11

4
brililancy. l have heard some or the most
eminent legal minds in Ohio and Indiana
| express their sincere admiration of it and l
know from many years of experience in
| other states that the decisions and legal
deductions of our judges, especially those
Of the Supreme Court, are received with
profound consideration everywhere in this
Republic. And, therefore, | maintain that
the legal fraternity are pre- eminently inter
ested in the publication of this matter, or
rather the eradication of this abuse. They
cannot remain Indifferent on a question
which so nearly concerns the good charsc-
ter of the whole Judicial Department Of
our State. The Attorney General is a
Constitutional officer. In pursuance of
Sec. 8, Art. vi, of the Constitution, and of
Sec. 6 of an !act, passed June 10, 1870, he
holds his office for a term of eight years,
aud according to Sec. 6, Art VI OF the Con-
stition, he can "be removed from Office on
ly by concurrent vote of both houses of
the General Assembly, each house voting
separately, but two-thirds of the members
to which each house may be entitled must
concur in such vote"
This makes his tenure of Office as strong
and uninvadable as it can be. The simple
AASs - SA4oO AC sCHunOb OC ECAuJNCu uulcS9
he proves to be perfect monster.
Now, suppose-and it is a supposable
case-that the Attorney General of a GER
tain circuit Is man of avaTicious propensi-
ties, and suppose further-Wbich is another
supposable case-thst his spies and inform
ers are great deal worse than himself,
what then must be the inevitable conse-
quence? Why, the good people have to
submit for eight long years to all sorts of
extortions, their capacity for paying reve-
nue. to the State will be seriously impaired
and the development of the State and its
resources check-maied. Justice. that high
est emanation of divinity will be converted
into a source of constant vexations, cor
ruption Of the public mind and contempt
for the law and its officers. Instead Of pu-
rfying society, this system will breed crime
and poison public morals. Many of the
best regulated States have anticipated these
melancholy consequences, and have amend
ed their laws so as to pay the Attorneys
General fixed salary and they are well
satisfied that the change was all the better
for the State and people. Why should not
Tennessee initiate their. example? The
judges of the different courts of our State
all receive fixed salary; 80 does the Attor-
ney- General and reporter of the State at
large. Why, then, must the Attorneys
General of the different circuits and
criminal courts be paid in fees
and perquisties and receive in some
instances a salary three times as large
as that of the highest officers of the State.
and much larger than the annual income of
the mort celebrated attorneys of Tennes-
see? Another point, sec. IL of art. of
the Constitution of Tennessee provides
that no judge of the Supreme or Inferior
Courts shall preside on the trial of any
cause in the event of which he may be in |
This is certainly very wise pro-
Wis ion, for it recognizes the weakness of hu- |
man nature and tries to establish guaran- |
Lees for an impartial administration of JUS |
lice. But how is it with the Attorney Cen
sral? Is he not interested in every case on |
5he criminal docket, and is not his fee higher |
when a case is sustained, than when it is
not? Here are two alternatives. Either
he Attorney General is a sort of deity not |
subject to the faults of the human race,
Dr. he is a man without any Influence upon
either judge or jury. In either case he
might receive perquisites without any great
injury to the cause of justice, but if he be
)nly a man, but a man of influence in
,ourt, he should, like the judge himself,
lot be interested in any case in which he
axes an official part, and consequently not
eceive any fees or perquisites, but fixed
alary as this bill proposes.
Mr.. Speaker, with that frankneSs which
have always tried to maintain even under
he most embarrassing circumstances, l
TentuTed TO make the remark little while
go, that our people have come to thor
)ughly understand this question, and now,
IS far as my immediate constituents are
may add that they are unal-
erably determined, rich and poor,
natives and those of foreign birth,
Without regard to fortune or
to wage war against this abuse
until, in the interest of justice and human
ty, it is done away with for ever. This
seems in fact TO be the sentiment all over
he State, and may serve TO explain the
alarm which is evidently manifested in d.
'ectly interested circles. Il was remark
lble coincidence to see nearly all the At
,orneys General of the State during the first
wo weeks of this session come mp to the
,ity Of Nashville and to the capitol, and to
his very hall, on highly important business.
have been the silent observer of q large
amount of button-holing and argumenta-
ion and counter agitation which has been
,arried on while these avengers of the law
hOnored ms with their presence. How is it
hat they are SO thoroughly disguised with
he idea of receiving a fixed salary? Do
hey apprehend that in that event their zeal
will give out so as to incapactate them for
! further faithful performance of their du-
les? They ought to be possessed of more
than that. Or are they in
loubt as to the possibility of a re. election
Ifter the expiration of their present term?
f so, they ought to consider on the other
land that the present system precludes
hat possibility altogether. / know from
Pretty good authority that proposition has
)een submitted TO the judiciary Commit
ee to allow Attorneys General perquisites
o the amount of six thousand dol
ars, and that the money over and
.bove that amount paid for perquisites
hould 60 into the State Treasury. But
wen this liberal proposition has been re-
ected as unacceptable, from which it ap
'sars that the present system is veritabe
old mine worthy the attention of our peo-
lie, and badly in need of some regulations
y this body.
Mr.. Speaker, if l understand it correctly,
he present General Assembly has been
lected with view to the Inauguration of
ONE very needful reforms One of the
nost urgent and most impetuously de-
handed by the people, is that proposed by
his bill, and now under consideration.
10 not doubt that this body is fully aware
# is responsibilities, and will try, without
ear or w., 10 ID what is just and right.
looking ever the House | see the reflex of
on every countenance, patriot.
Sm which denotes moral courage, force of
viii, aud steadiness of purpose. This body /
will certainly vindicate the expectations of
brave but suffering people-a people cry
ng aloud for relief, and looking up to this
lpitol, with its dome pointing to the
ource of truth and justice, as if to implore
IS to do our duty aud make impartial JUS
ice prevail in Tennessee. / therefore re-
lew my motion to non-concur in the re-
'ort of the Judiciary Committee so that
his bill may pass q second reading. On
his question l call for the ayes and noes,
o that each member may stand on his own
ecord.
We have states and hydrostatics, pneu-
latics and rheumatics; but none of these
xactly represent the feelings of young la
les when they see new bonnet or new
- ILL e. -.