THE SUPREME COURT OF TENNESSEE.
II.
UNDER THE CONSTITUTION OF 1834.
By Albert D. Marks.
Constitution-making was a new art at the time the first Constitution of Tennessee was adopted in 1796. Models were few. There were then only three, — that of the United States, that of Vermont, that of Kentucky. The many evils of the unrestrained discretion of a legislative body had not then made themselves manifest, and there were no safeguards against them. The instrument was consequently largely devoted to the declaration of those funda mental rights which are to be found in the great charters that make up the British Con stitution, to which were added those estab lished 'by the Revolution. The immature idea of a judicial depart ment, embodied in the first Constitution of the State, has been referred to. By the time the Constitutional Convention of 1834 had been called, the conception of this branch of the government as co-ordinate with the legislative and executive had fully developed in the Constitutions of the various States adopted in the mean time. Events occurring shortly before had brought to the attention of the conven tion the necessity of securing the stability of the judiciary. In 1831 one of the cir cuit judges of the State was impeached for neglect of his official duties. After a long and bitter trial, the Senate refused, by a tievote, to sustain the charges. The Supreme Court had annulled some of the most popular enactments of the Legislature, and yet had drawn on itself no attack. But because of an effort to remove the objectionable circuit judge, the Supreme Court was in great peril of being legislated out of existence. Failing in the impeachment of the judge, his enemies sought to deprive him of his office by re
organizing the whole judicial system, thus, throwing out of office all the judges, who were then elected for life. The bill for that purpose was defeated by only one vote. This struggle was fresh in the minds of the members of the convention of 1834; and Section I. of Article VI. of the Constitution that they drafted, provided that " the judicial power of this State shall be vested in one Supreme Court, and in such other inferior courts as the Legislature shall from time to time ordain and establish." The Supreme Court was to consist of three judges, no more than one of whom should be from the same grand division of the State. They were to be elected by the Legislature for a term of twelve years. In 1853 an amendment to the Constitution was adopted, providing for election by the people, and shortening the term to eight years. On the re-organization of the court in 1835, at the first session of the Legislature after the adoption of the Constitution, only one of the four judges theretofore on the bench was re-elected. This was Judge Nathan Green, who defeated Chief-Justice John Catron, who was also a candidate for re-election. Judges Whyte and Peck voluntarily retired. William B. Turley and William B. Reese were elected as the colleagues of Judge I Green. The court was thus constituted for the full constitutional term of twelve years. It is rare for three colleagues to remain together for so long a time in one service. It is rarer still for three judges of such ability as Judges Green, Turley, and Reese to be associated at the formative period of a juris prudence. It was these three men who gave shape to those fundamental doctrines which to-day obtain in the courts of Tennessee.
