Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1874-01-09

lection we are considering lmpAes!
The record having been examined,
and the opinion thereon having been
prepared and submitted, In general
consultation. each member of the court |
passes upon it. If he objects, he sub
mits his reasons. These are considered,
and the opinion approved, rejected, or
reformed in accordance with the opinion
of a majority of the court. Each
member has the right, which is often
exercised, of dissentingfrom theopinion
Of the majority.
Thus, by this process, the opinion
enumerated receives the deliberate &C
ton thereon of every mind of the
court. Each member does not write;
the name Of each is not formally ap-
pended to the opinion; but the effect is
the same as to the points actually raised
and decided. The reasoning belongs,
in the main, of course, to the Judge
delivering the opinion.
While we would prefer, if such work
were practicable now, that every men,
Der of the court, would investigate the
facts contained in the record, yet such
course, in the past and present state of
the dockets of the Supreme Court, is SIM
ply, as before remarked. physical i'm
possibility.
1t is a remarkable truth that, with
the fewest exceptions, no rehearings
have been asked because the Court
misunderstood or overlooked the facts.
But, it is said, the opinions of the
Supreme Court are in conflict.
Under the present system of pub
fishing the reports of the decisions Of
the Supreme Court, it may occasion
ally occur, that there is a seeming or
actual conflict, in the reasoning, or
points decided, of different cases.
Those, on a critical examination, viii
be found few in number. The vast
number of cases decided years ago,
and still in manuscript, Will be found
in remarkable harmony; and, especially
so, upon consideration of. the fact
that subsequent cases are, and must
be, decided, without access to previous
decisions on the same subject.
But is not this same objection true
of every other judicial tribunal known
to US? 1t certainly is. The Supreme
Court of the United States, and of every
State in the Union, is justly subject to
precisely the same criticism. And so
of the English courts; but not in the
same degree, or to the same extent.
1t i5 objected, again, that many for
mer decisions have been overTuled by
the present court.
That a certain class Of decisions on
the subject of Confederate currency,
rendered by the courts Immediately
preceding the present, should have
been modified and overruled, is a result
which has been fully indicated by the
Supreme Court Of the United States
IN more than one published decision.
See ThoriRgtoH .. Smith, Wallace, l;
DeInlar .. Insurance Company, IA Wal
lace, 661.
But We respectfully submit that,
with the foregoing exception, the de-
cisions Of the present Supreme Court of
Tennessee are as much in accord with
the decisions of the Supreme Court of
this State antecedent to the war, with
those of the Supreme Court of the Uni
ted States, and with the well settled
principles of jurisprudence established
in England and America, as the deci5-
ions Of any Court preceding it in tbs
State. And, in this respect, our SUI
preme Court viii compare favoraJly
with that of any State in the Union.
1t need hardly be added; that decis-
ions have been made which we would
not, perhaps, approve. No friend of
the Court would claim for it infallibil-
ity in all its decisions. Nor would any
member of the Court, we infer, take a
position so absurd.
1t is further objected, that the Court
writes too much. This consequence of
writing follows from the earnest desire
Of the Court to satisfy counsel, suitors
and the public, that the case has been
thoroughly investigated. On the con-
trary, if a member of the Court does
not write his opinion, and state the
reasons, both of law and facts, on
which the decree orjudgment is rested,
complaints almost universally succeed.
In such cases the criticism is, the court
did not investigate or understand fully
the case.
OF the two courses, We say, let the |
Court continueas heretofore, TO state in
writing the reasons of the opinion, and,
thereon, indicate suchopinions as should |
be reported. Nothing can contribute
more to satisfy defeated itigants and |
counsel than to be presented with |
sound reasons for the conclusions Of |
the Court, in writing.
After all, however, it is not to be
supposed that perfect satisfaction can
be given by any court. That counsel
and suitors who have had causes deci-
ded by this Court adversely to them
should feel disappointed, is a result
most natural and expected. 1t has ever
been thus, and viii so continue as long
as man retains his present nature.
The Supreme Court of Tennessee has
performed its labors well. 1t has, I'M
der circumstances Of great provocation,
at times, maintained a dignifed and
courteous relationship with the Bar. 1t
has laboriously examined and honestly
decided the large number of causes
which have come before 1t. Patience,
labor, learning, ability, and integrity
I l.