Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1874-04-19
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new. counselor anu SOLICITOR IN all the courts i
law and equity in Tennessee by u ex-
Circuit Judge, Hon. Nathaniel Bax-
ter, and by that great criminal jurist, the
good and deeply lamented William K.Tur-
ner, whose advice to me on the occasion, / |
have ever remembered and cherished.
"Your labor said he, sis just beginning.
NEGLECT not your books, study your cases, |
be true to your clients and success will at
tend you"
made this generous and impressive
counsel my guide and motto.
My booksshaye been my study, ms cases
the subject of constant thought, and | have
never forsaken a client whose cause l es-
poused, whether rich or poor, high or low,
fee or no fee.
How far the prediction of success has
been realised, L leave for others to say.
L have confined myself to no one branch
of M profession, but have labored to be
able to maintain the rights and redress
the WRONGS of my fellOw-man, in whatever
court a remedy could be found, or relief at
forded, believing it the true glory of a law
yer's calling 10 to be hampered by special
ties, or by technical rules Of practice and
pleading.
The province of a lawyer is not, oy sub
tlety of wit and ~yolubility of tongue and
pen. to make the worse cause appear the
better in Chancery or elsewhere, but, likes
lust man and a true advocate, it is his duty
in any court TO use his tongue and WELD
his pen in the protection of innocence, in
opposing the oppressOr, in relieving the dis
tressed, in advancing justice, and helping to
right those who are abletohelpthemselves.
Our system of jurisprudence embraces
two grand divisions-Law and EQUITY. In
the administration of law the huge is con-
stantly aided by a jury in determining facts;
while in dispensing Equity a jury rarely
comes to the assistance of the Chancellor.
Equity" says Blackstone, in its + and
geEsdine meaning, is the soul and spirit OF
/ all law; positive law is construed, and
rational law is made by it,
Courts OF Equity, like those of Law, have
certain rules and precedents for their gov
eminent and direction. They are furnished
by the common and statutory laws OF the
State, and if properly applied will settle
most, if not all conceivable rights, the diff
Guilty being, not so much in the ability to
acquire or know them, but rather the pow
er to apply them to particular cases.
While the Chancellor is boundby rules and
questions which are settled and establish
ed, yet it is his high and peculiar province,
as IT should be his desire and glory, to adj
minister true and substantial justice, not
regarding forms further than they contribute
to this end. That naTrow-mindedness
which willfullyadhereS withtechnical strict
ness to the letter of ancient rules or prece-
dents, and thus defeats the just and true
intent of parties and sacrifices right and
Justice to mere forms, is not in accord with
the progressive spirit of the age. An en-
lightened conscience will readily discover
and appreciate the merits and justice of
cause, and maintain a due regard for the
rules of law. Where there is no rule Of
law applicable, then honesty of purpose and
a capacity and will TO do justice, are the
guides of a righteous judge.
Honesty, eonscientiousness, justice, united
with proper learning in chancery practice
and pleading, are the characteristics which
should distinguish agOOd Chancellor. But
however learned he may be, or skilled il
pleading or practice, he becomes wholly in
efficient, or else potent alone for evil i
wanting in due regard for the goldenrule-
sDo unto Others as you would the
should do unto yOu," for he will be Gale,
on to protect the poor against the rich
the weak against the strong, and the low
against the high. The rights of his fellow
man will constantly pass before him. HI
must detect latent frauds and cOncealments
enforce the execution of trust and conf
dence, relieve the unfortunate from DANCE
and redress their wrongs and injuries with
out fee or reward, or the hope OF promisd
thereof, and give direct, full and speciti
relief to all persons according to the cir
cumstances of each particular case.
Hence, he should know no person, N
race or color, ring or party, sect or religion
but with fairness and impaTtiality and un
selfish motives administer justice to al
alike.
The jurisdiction Of a Court of ChanoeTy
is very extensive. As a general rule i
embraces the rights of property or of things
united with power to punish for contempi
and thus controlling the liberty of the citi
zen. Whenever there is no plain, adequat
and complete remedy at law a Court o
Equity asserts its power and grants relief
Its jurisdiction is sometimes exclusive, a
others concurrent with Courts of Law, an,
sometimes auxiliary to the law. B.
cur statute, Courts Of Chancery are clothes
with great powers and duties which should
be acknowledged and performed witha will
ing mind and a steady hand when not il
conflict with or r%epugnant to the Constitu
ton of the State or of the United States.
In the absence Ofstatutory law we resort
to the common law and to precedentS- /
nothing from these sources is to be found
then a high ~perogstive is given to the Chan
cellOr. a rational rule is made by him to
govern the particular case, subject of cours
to be reversed OF affirmed by the Suprem'
Court.
The rules of Chancery practice in Ten
neSsee are embodied in the acts Of the Leg
islature of 1871, and Win a few subsequen
amendments, they are plain, simple anC
easy of comprehension, and no lawyer cal
well mistake them. Owing to the larg,
amount of business, the great number Of
cases before our Chancery Court, the labol
of a Chancellor is great, irksomt
and tedious, requiring close and constan
attention, rather than great ability. Be
cause Of all the courts of record in the
State, the duties of a Chancellor are the
easier of comprehension. There is les:
difficulty in reaching the merits of a con
~troyersy in a Court of Equity than in
Court of Law. Courts of Law by reason
of circumstances which the Judges cannot
control, hurry through a trial, deciding
points of law, evidence and practice, under
the immediate conflicting arguments o.
counsel as the case progresses, while thu
Chancellor takes the bill, answer, depOsi
tions and the briefs of counsel to his room
and there, undisturbed, calmly investigate:
and determines who is right and who i
wrong.
Now, f-ellow-citizens, / have not hastily
or t~houghtlessly presented myself as a can
didSte for your s~ufirages, but only after {;
careful consideration Of the wishes of my
friends and of the duties and responsible
ties Of the position which l seek at you
hands, and l promise if honored with you
confidence to bring to bear in the perform
anee of this high trust, the utmost fairness
impartiality, fidelity, industry and what
ever skill, experience and knowledge
may possess. Election first Thursday il
August, 1874. Respectfully,
NJ. NJ. BRIEN, JR.
To Recover.
The Memphis appeal of the 18th says
We are gratified to learn that Mr.. johnson
--bo wac shot hv Sam oldham at Browns