The Athens post. [volume] (Athens, Tenn.) 1848-1917, 1874-12-18
he State Judiciary.

~ Se' " upAhtH tne ucuohts VI Slf'
ilized soely, among which are tran
guilty aa justice, certain inherent
rights, na,raily pertaining TO the iudi-
vidual, Al necessarily surrendered or
delegated D the State, 10 whom he may
rightfully pok for the protection OF per.
son and p,perty; OF whom he may pro-
perry seel redress when wronged. To
secure tlike TO the individual, and TO
make tbeindiyidual good citizen of
the Statefertain compacts, rules and
Notwithstanding penalties for
their viohion and defining privileges
and immnities--haye been formed,
known aasws, which, briefly express
ed, are uaally comprised in a consti-
tuition ah statutes. To expound and
enforce. Ae laws certain individuals
mus be clothed with authority and
thes pe,sons are in certain sense the
cusbdians OF our rights and liberties,
| ihe,djudicntors of our misunderstand-
| ing. They are the representatives of
thesommonwea.th, whose dignity they
shHd maintain; they are, also, or
shnld be, the champions of the wrong
cd 1t IS their duty while supporting
tlt majesty of the law, by securing the
mrited punishment of the criminal, to
pDtect me innocent. The prompt re-
dess of wrongs, the swift and certain
punishment of crimes, conserve the
eace of society no less Than the best
Interests Of individuals.
Our premises taken, we proceed to
all attention TO some abuses which are
/ reprosch TO our State. and which, in
behalf Of the people, we appeal to our
Legislators TO reform. "rhe laws de-
lay" isprOverbial--the length and iaby
rinthsn intrlcacies of "Chancery lane"
are too disgustingly familiar to the un-
Fortunate who have travcrsed its long
and torlpous ways, marked at every
turn by the ineXorable and extortionate
toll,gatherer, who fattens upon the
weary travellers forced tribute. The
'Halls of Justice" during every term
of Circuit Court swarm with expectant
witnesses and eager jurors, who, at the
expense of the State or helpless liti-
giants, "claim attendance" day after day
and from term 10 term, for years--the
number of which often depends upon
the length Of purse. If litigants or
criminals have much money there is
vory little probability of a case in which
they are interested getting "out OF
coun' until an opinion is had from tho
Supreme Bench, however plain the
principles OF law which apply to It.
Though we have jurists upon the Bench
in Tennessee in each OF the several Law
Courts, who, in point OF learning aud
legal acumen, will favorably compare
with the judges in any State; though
we have erudite aud conscientious law
yers in Tennessee who are tie peers in
every particular of the disciples OF
Blackstone in this or any country; the
practice OF our Courts in large mea-
sureis stupendous failure, an unnecos-
sary expense, and in numberless in
stances little else than q mere mockery
of Justice. The evils of our system are
and tho remedy must be
applied at the root.
The judicial system Of Tennessee is
both cumbersome and expensive TO q
needless degree. Not without distrust
of ability to present plan worthy the
approval OF the State Legislature, we
arc nevertheless confident that we can
suggest the outline of change, which,
if properly wrought IN detail by some
honest and competent legislator, will
effect an Improvement that will eXpe-
diie justice and save the people annual
" hundreds Of thousands of dollars.
Our suggestion, to which we earnestly
but respectfully invite the calm deliber-
alton Of legislators, and which is sub
mitted with the expectation Of criticism
aud amendment, Is substantially this Il:
The abolishment Of tho Supreme Chan
Gerry and Clrcn't Courts, or their con-
solidetion. We propose division OF
the State into eight judicial districts, an
assignment Of three Judges, the same TO
constitute a Bench, for the business Of
each judicial district, who shall deter
mine all cases in law and equity brought
before them upon their merits--dispens-
ing with juries and parol testimony
except when in their discretion justice
should otherwise demand, unless IN
criminal cases the defendant shall ask
Tor trial by jury. Any person whose
cause is just would certainly have less
to apprehend from the fallibility OF hu.
man judgment, when Bench consti-
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