Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1874-12-19

ASA bnc IAp-IOdEA1lS lazy OIOCAOee
first found himself in the Tennessee
Legislature, there were two words con-
tinually banded back and forth, to
which he could attach no definite or.
appreciable meaning. One was the
Government, and the other the SUI
dietary" the need for remodeling
which seems to have been. the main
topic Of public interest. He attacked
dictionaries and other books In vain.
The more be read and listened, the
more he was perplexed as to exactly
what his colleagues were talking about.
Sometimes, Just when he thought he
was on the clue, a member would use
the word ID connection that again
upset his notions We cite the incl
dent to show the long period during
which the need for reform in the Judi
ciary has been recognized and discussed
in this State.
A correspondent of the Athens Post,
singning his article "Flexiean." sug-
gests somewhat novel and extensive
mode of reform as follows:
The adjustment Of the Supreme
Chancery and Circuit Courts, or their
consolidation. We propose a division
of the State into eight judicial dis
tricts, an assignment Of three judges,
the same to constitute bench, for the
business of each Judicial district, who
shall determine al cases in law and
equity brought before them upon their
merits-dispensing with juries and
parol testimony except when IN their
discretion justice should otherwise de-
mand, unless an criminal cases the de-
fendant shall ask for trial By jury. Any
person whose cause is Just would GER
tainly have less to apprehend from the
fallibility of human Judgment when a
bench constituted of three learned Ju-
rists, familiar with law and accus-
toned to weigh evidence, determine
the legal merits, the facts and equity
of the cause, than when submitted to a
Jury of ignorant men, however honest
their inclination.
Under this plan we might have eight
different laws, or eight different con-
structions Of the law, in force over the
State. It may seem far-fetched and
unreasonable to suggest the possible
return, at some future day. Of such a
regime as BrOwnlow's, and to ask how
this system would then work. Yet, we
all remember times when it would have
seemed much more unreasonable to
anticipate BrownlOwism. Peace is the
time to prepare for war. The jury sys.
TEN, which the Radicals found in full
force and dared not overthrow, was the
sole thread ON which any hope for jus
tice hung, during many recent years in
our history. In all ages, ireemen have
found it wise to set up barriers against
tyrants. Amid all our scientific and
material progress, human nature does
not change. There VIII be despots in
the future as surely as in the past
But we must let "Flexican" expand
his mode of reform:
To secure the best legal ability of the
State, We would have the judges elected
by the bar. Two potent motives would
combine to influence the electors to Sc
lect a competent Bench. First, il
would clearly be to the interest of the
practicing lawyers to get ont Of then
way the ablest attorneys and counsel
ors. Secondly, it would certainly be
with the profession a matter Of profes
sional pride, and this sentiment alone
would protect the people from ignorant
and incompetent judges. We would
have the judges, if not appointed by
the bar, at least nominated by the
licensed lawyers of the State. Six fol
each district might be named, and .oi
each district the Legislature confirm
three.
The same objections suggest them
selves as above. In Missouri we hav,
seen all lawyers deprived of their hcen
ces unless they subscribed to a certain
test oath. During the greater part O.
modern English history such tests
sometimesreligious, have been required
Legislatures might perhaps be trusted
if Tennessee had q guarantee on Provi
dence that she should never be afflicted
by such as wrought ruin in the South
or reeked in corruption like some of til,
North, as Pennsylvania and New York
for instance. homogeneous as it ma
seem, to submit to popular suffrag
the selection of professional expert
as every Judge should be in his pro
fession-yet recent experience will
Brownlow's appointees, will make on
people slow to countenance any plal
involving their own ACKNOWLEDGMENT
In this matter.
"Flexican" suggests other modifca
tons, among them, that each judg
shall hold his Office durag life or goot
behavior, subject, however, to deposi
ton for just cause by mis- two col
leagues, with appeal to the Legislature
He also suggests that in case of a va
cancy, from any cause. the remainin,
judges may fill it, and that it might b
found polite to select each bench from
some other district than that in whicl
they are to serve.
FINANCIAL THINK EFSISG.
1t seems thatthe Republican member