THE SUPREME COURT OF TENNESSEE.
III.
UNDER THE CONSTITUTION OF 1870.
By Albert D. Marks.
The Constitutional Convention of 1870 was more dissatisfied with the judiciary then administering the laws of the Commonwealth than with any other department of the State government. Accordingly the schedule of the instrument that convention submitted to the people for ratification provided that those then exercising the functions of the judicial offices should vacate their places within thirty days after the time fixed for the election of their successors.
The Supreme Court was entirely reorganized under the new order. It was to consist of five judges, not more than two of whom could reside in any one of the three grand divisions of the State. The judges were to designate one of their number to preside as chief-justice. The court was to sit at Knoxville, Nashville, and Jackson. The judges were to be elected by the people for terms of eight years. To get rid of the great accumulation of cases that had crowded the courts after the war, the schedule of the Constitution provided that there should be six judges chosen at the first election, who might sit in two sections; any vacancy occurring after Jan. 1, 1873, to remain unfilled.
It is a general rule that the average of elective bodies falls on an increase of the number of members. The Supreme Court has been no exception to the rule. There have been individual members of the court, since 1870, who have surpassed all predecessors in acumen, in ability, in learning. Unquestionably the greatest judges Tennessee has had are to be found within that period. But it is undeniable that the general average of the court has been below the standard which was steadily maintained before 1860, when the court consisted of only three judges.
At the first election under the new Constitution, held in August, 1870, A. O. P. Nicholson, Jas. W. Deaderick, Peter Turney Thos. A. R. Nelson, John L. T. Sneed, and Thos. J. Freeman, the nominees of a Democratic convention, were elected. Judge Nelson resigned in December, 1871; and Robert McFarland, appointed in his stead, was elected by the people for the unexpired term in the following August. Judge Nicholson, who was designated as Chief-Justice in 1870, died in office in March, 1876. The vacancy was left unfilled, pursuant to the direction of the Constitution.
In 1878 Jas. W. Deaderick, Peter Turney, Thos. J. Freeman, Robert McFarland, and Wm. F. Cooper were nominated and elected. Judge Deaderick, who had been designated as Chief-Justice on the death of Judge Nicholson, was again chosen to preside over the court. Judge McFarland died in October, 1884. J. B. Cooke, who had been an unsuccessful candidate in 1872 and again in 1878, was appointed in his stead for the unexpired term. He was defeated for re-election in 1886.
In 1886 Peter Turney, Horace H. Lurton, W. C. Caldwell, D. L. Snodgrass, and W. C. Folkes received the Democratic nomination, and were elected. Judge Turney was made Chief-Justice. Judge Folkes died in May, 1890. W. D. Beard, of Memphis, was appointed in his place; but at the following August election, B. J. Lea defeated him for the unexpired term. Chief-Justice Turney, in January, 1893, vacated the office by the acceptance of the office of Governor, and
