Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1875-04-02
THE SUPREME COURT AND THE
TORBETF ISSUE.

THE SUPREME COURT AND THE
TORBETF ISSUE.
In our paper Of Sunday, writing Of |
the "Torbett Issues" we spoke of |
the failure of the Democratic press of |
the State, while not attacking, to de-
fend their Supreme Court and party on
this subject. We said this was either
because of the guilt of the leaders who
have largely bought up these issues or,
we wrote, a fear of the people. The
printer put 1t a few Of the people
KHOsUiIle Chronicle.
Whether the printer blundered or
not, very 'few" of the people hereabouts
are at all disturbed concerning the
Torbett issue, and the Chronicle, with
all its barking, is at the bottom of
the wrong tree.
After an experience of forty years,
the UNION AND AMERICAN has yet to
learn that it is the duty of a party
journal, as such, to either attack or de-
fend the courts and their decisions.
Courts are, or ought to be, above the
range of politics, and the presumption
of all law-abiding citizens is that their
decisions is based upon the law and the
constitution. 1t is true that of late
years courts have been sometimes pack
ed for political purposes, as in the case
Of the United States Supreme Court,
when the reversal of its legal tender de-
cision was desired; but It was the work
of Radicals, not Democrats. It is also
true that here in Tennessee, and par
ticularly East Tennessee, courts were
packed in like manner, but it was under
Radical rule. Since our people have
recovered control of their own affairs,
and no longer depend for judges on
the sicklY within Of despotic autocrat,
they have recovered the old-time conf
dence in their courts, and viii abide by
their decisions.
The quarrel of the ChronicIe, If It
has a quarrel, is with the State Supreme
Court. Its charges, if they mean any
thing, mean that the decisions of that
court are biased by money considera-
tions. 1t viii prove a rather hard task
to-induce the people of Tennessee to
entertain such charges against such a
body, IN the absence Of any pretence of
proof. There is no assertion that the
judges were personally interested in the
Torbett issue decision, nor that they
were bribed, or promised further pro-
motion. To what higher Office could
they be promoted? Who could make
such a promise worth a feathers
weight: Yet the Chronicles charge |
means this, or nothing.
Outside of the question of judicial !
corruption, which we cannot entertain,
the Torbctt issue is not a matter Of pol |
tiles, but of law and fact, TO be deter
not by the political department |
of State, but by the Judiciary. 1t is
an essential feature of the American |
system that these two departments Of |
government be kept distinct, and it is
the highest of absurdity to lug into |
politics a question that must be decided |
solely by the law. The Fourteenth |
Amendment 10 the Federal COnstitu- !
ton forbids any State TO assume or !
pay any debt or obligation incurred in
aid of instruction or rebellion against
the United States" As the mem
bers Of our State Supreme |
Court are sworn to support that |
Constitution, We presume they duly |
whether or not, as a matter |
Of law and fact, the above prohibition
affected the Torbett issue and the rela- |
tons Of the old State Bank to its cred |
itors. That the question Is in no sense !
a political one is amply proven by the !
Chronicles threat Of an appeal to the !
United States Supreme Court. Though |
Tennesseeans should vote a dozen |
times against paying the Torbett issue, !
they would have to pay it at the bid
ding Of that court. Obviously the ques-
ton Is not a political one, nor to be |
settled by any number Of political can
vases. 1t belongs exclusively to the |
courts, and should be left there.