The Columbia herald. [volume] (Columbia, Tenn.) 18??-1935, 1897-04-23
Early History of the state.

nance. Much of its late history reads
as dull as a scrap from the elders 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 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 distinctiyely repub-
lican form of government established
by native-born Americans upon this
continent The growth of the State in
population was phenomenal, so that in
a 1910 and 1850 it stood fifth in comparison
with the other States of the 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 Tennes-
seeans men to guide the dest'nies OF
this great republic.
The State, young, vigorous, progress
sive, and seemingly conscious OF its
commanding position, gave to tho Union
three chief magistrates-Andrew 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 been fully
recognized; and then, Andrew johnson,
the great commoner, who lived 30 near
our own times that justice has not yet
been accorded his memory.
But from her former commanding po-
sition Tennessee has sunk like plum
met of lead to near the bottom. Who
ever even thinks of Tennessee or Ten
nesseeans leading in the conflicts of the
nation? But aside from this question,
how can the State expect any except
downward career when she is so far be-
hind her sister States in the material
things which go to make up the great
ness of peopleP
The General Policy.
But 1t is frequently asked, what cal
be done or what should be done will
respect to change in the Fundamental
law so as to turn the tide and again pu
our people upon the highway OF pros
perity. 1t is to be expected, OF course
that differences of opinion will exist
to what changes should be made in tn
organic law, and even where 1T is agree
changes are necessary we may expec
differences OF opinion to arise with re
snect to details, but such problem
should in no manner deter us from
full discussion Of the subject or frol
entering upon the actual work OF form
Mating new constitution. do M
believe in filling the constitution wit
statute laws. The trouble is that
have rigid hide-bound constitution
We want more flexible organic lay
Unite the hands of the legislature
that the people, speaking through the
representatives, may enact such laws
the necessities of the times may d
mand. This is the correct policy.
In Tennessee, no man who b
read a newspaper account of Civ
case and has formed and express
an opinion is competent juror ne
withstanding the man may declare
oath that he can lay aside any su
preconceived opinion, If chosen as
iurcr, and give the defendant fair
IMPARTIAL trial. Our State stands alm'
alone on this all important subject
practice the effect OF the law is to
clude from the jury box the intellige
and educated classes and generally
men who read newspapers, and ha
sense enough to form and express
opinion. On the other hand, the n
Who can neither read or write, or whC
he can, never INDUCES in such luxu
or IL he happens to read paper, has
sufficient gray matter to form an OF
ion, is hailed as man especially
serving the confidence OF the State;
iurv box is thrown open to him, and
the time being he is hero and acts
important part in a farce often pia
unon the stages Of our criminal cou
whenever men OF large means or h
connections are upon trial charged "
crime. That in such cases, miscarria
of Justice is the rule should be expec
Under ruling made by the Supr'
Court in 1873, in the case OF Eason
the State, Baxter, page 466, no re
IAN be had without changei in the
stitution.
sv.tem Both Extravagant and Corr
Annually thousands OF men
eedlessly summoned to appear
ourt. when it is we'll known bel
and that the whole proceeding
farce, but the clerk and sheriff
i've their respective fee for each
,mmoaed. The men summoned
i've no per diem unless selecte
rors; but how unjust IS it to sunni
ousands of men to appear at
aaslly, many Of whom are poor Il
treat distance from the courth'
not only compel them to quit
to bear the useless expenseof TT
20 she county seat in order th'