Herald and tribune. [volume] (Jonesborough, Tenn.) 1869-current, 1897-07-07

as dull as a scrap from the "Idler's COL
umn" in yesterdays newspaper. The
victory obtained by pioneer Tennessee
ans at the battle OF Kings Mountain,
over the veteran British columns, is
now admitted to have been one Of the
most decisive battles of the American
Revolution, and marked a turn in the
tide which eventuated in the independ-
ence OF the American colonies. In 1772
the first settlers on Tennessee soil
formed a government for themselves,
the celebrated Wautauga Compact,
which was the first distinctively repub-
iican form Of government established
by native-born Americans upon this
continent The growth Of the State in
population was phenomenal, so that in
1910 and 1850 it stood fifth in comparison
with the other States Of tho Union. Its
growth in agricultural and industrial
wealth and commercial prestige kept
pace with the increase in population.
How natural was it under such favoring
circumstances for the people Of the
United States to seek among Tonnes
seeans men TO guide the destinies Of
this great republic.
The State, young, vigorous, progress
sive, and seemingly conscious OF its
commanding position, gave to tho Union
three chief NEUTRALITY-SUSPICIOUS. jack
son, the soldier and statesman, and po-
litical saint OF the Democratic party;
James X. Polk, that eminent statesman
whose great ability has not boon fully
recognized; and then, Andrew Johnson,
the great commoner, who lived 50 near
our W times that justice has not yet
been accorded his memory.
But from her former commanding po-
sition Tennessee has sunk like a plum
met Of lead to near the bottom. Who
ever even thinks Of Tennessee or Ten
nesseeans leading in the conflicts of tho
nation? But aside from this question,
how can the State expect any except a
downward career when she is so far be-
hind her sister States in the material
things which 60 to make up the great.
ness Of q peopleP
The General Policy.
But it is frequently asked, what can
be done or what should be done with
respect to a change in the Fundamental
law SO as to turn the tide and again put
our people upon the highway OF pros
perity. 1t is to be expected, OF course,
that differences Of opinion will exist as
to what changes should be made in the
organic law, and even where it Is agreed
changes are necessary we may expect
differences OF opinion to arise with re-
spect to details, but such problems
should in no manner deter US from a
full discussion of the subject, or from
entering upon the actual work Of form
ulating a new constitution. l do not
believe in filling the constitution with
statute laws. The trouble Is that we
have a rigid hide-bound constitution.
We want a more flexible organic law.
Unite the hands Of the legislature so
that the people, speaking through their
representatives, may enact such laws as
the necessities Of the times may de-
mand. This is the correct policy.
In Tennessee, no man who has
read a newspaper account OF a given
case and has formed and expressed
an opinion is a competent juror, not
withstanding the man may declare on
oath that he can lay aside any such
preconceived opinion, il chosen as a
juror, and give the defendant a fair and
impartial trial. Our State stands almost
alone on this all important subject. In
practice the effect OF the law is to ex-
clude from the jury box the intelligent
and educated classes and generally all
men who read newspapers, and have
sense enough to form and express an
opinion. On the other hand, the man
who can neither read or write, or who if
he can, never INDUCES in such a luxury,
or If he happens to read a paper, has not
sufficient gray matter to form an opin-
ion, is hailed as a man especially de-
serving the confidence Of the State; the
jury box is thrown open to him, and for
the time being he is a hero and acts an
important part in a farce often played
npon the stages of our criminal courts,
whenever men OF large means or high
connections are upon trial charged with
crime. That in such cases, miscarriages
of Justice is, the rule should be expected.
Under a ruling made by the Supreme
Court in 1873, in the case OF Eason vs..
the State, Q Baxter, page 466, no relief
can be had without a change in the Con-
stitution.
System Both E1tSavarant and Corrupt.
Annually thousands OF men are
needlessly summoned to appear in
court, when it is well known before
hand that the whole proceeding is
a farce, but the clerk and sheriff re-
ceive their respective fee for each man
summoned. The men summoned re-
coive no per diem unless selected as
Jurors; but how unjust 10 it to summons
thousands OF men to appear at court
annually, many Of whom are poor, living
at = great distance from the courthouse,
and not only compel them to quit work,
but to bear the useless expense of travel
ing 70 the county sest in order that BY