trained in the principle that property rights were superior to all legislative interference. I must confess that my professional labors have not strengthened me in any one of these positions. But whatever may be my views upon the proposition as to whether these advances were wise or unwise, it is inevitable that one must conclude that they not only have come to be established principles, but that perhaps they are but the forerunners of other declarations even more far-reaching and important. The conservative in this world rarely ever stops anything except temporarily. The highest service that he may perform is to so shape the progress of events that society may be prepared to assimilate changes when they come. He is, in my judgment, the wisest man, who recognizes the proposition that changes must come, and who brings himself to the conclusion that he is ready to welcome them whenever they may be assimilated properly by the society in which he moves. None of these opinions disturb me in the least. I, too, have been driven by the currents of the emergencies of the day, and have not been able to avoid the conclusion that business and the affairs of life are no longer regulated by the supposed natural and immutable laws of trade. In fact, the ingenuity of man has done much in the past few decades to carry out the idea that was expressed by one candidate for State office, some years ago, to the effect that if he were elected to office, he would introduce a bill repealing the law of supply and demand. My final expression to this meeting is this—That men of this section of the country should not, by reason of the fact that we have been indoctrinated with the more conservative views of constitutional limitations, continue to advocate those ideas to the exclusion of devoting a reasonable amount of time toward shaping the progress of these powers to the best interests of our own people. If we do not do this, they will be shaped for our people by others, without our assistance and co-operation. Whatever we may think about judicial legislation or judicial amendments to the constitution, it is, perhaps, better that the constitution should be construed in a way to meet the demands of the people half way, rather than in refusing to do PROCEEDINGS OF THE 42 this, stimulate a theory of judicial recall--or, what is worse, an amendment to the constitution that sets no limit upon legislative enactment. This much is true—That a system of constitutional principles that does not advance by interpretation a reasonable distance to meet the demands of the people at large, will sooner or later result either in constitutional amendment or in the destruction of the principles of constitutional limitations. trained in the principle that property rights were superior to all legislative interference. I must confess that my professional labors have not strengthened me in any one of these positions. But whatever may be my views upon the proposition as to whether these advances were wise or unwise, it is inevitable that one must conclude that they not only have come to be established principles, but that perhaps they are but the forerunners of other declarations even more far-reaching and important. The conservative in this world rarely ever stops anything except temporarily. The highest service that he may perform is to so shape the progress of events that society may be prepared to assimilate changes when they come. He is, in my judgment, the wisest man, who recognizes the proposition that changes must come, and who brings himself to the conclusion that he is ready to welcome them whenever they may be assimilated properly by the society in which he moves. None of these opinions disturb me in the least. I, too, have been driven by the currents of the emergencies of the day, and have not been able to avoid the conclusion that business and the affairs of life are no longer regulated by the supposed natural : and immutable laws of trade. In fact, the ingenuity of man has done much in the past few decades to carry out the idea that was expressed by one candidate for State office, some years ago, to the effect that if he were elected to office, he would introduce a bill repealing the President Keeble:- I now have the pleasure of introducing to this audience one of the most distinguished lawyers of Ala. bama of the present generation. I have the pleasure of presenting the Honorable John B. Knox, the leader of the Alabama Bar: Mr. Knox :- Mr. President, Members of the Tennessee State Bar Association, Ladies and Gentlemen > I owe to the State of Tennessee a debt of gratitude which I can never repay. The greatest good that has come into my life, to cheer and strengthen me in its contests, has come in the person of a fair Tennessean. And so I may say to the distinguished lawyer, who presides over your deliberations, what Alabama has done for you, sir, Tennessee has done for me. The eyes of the people of . my own section and I doubt not yours as well, are just now turned very much to Andrew Jackson. I have often been impressed with the truth so well stated by Lord Macaulay, that a people which does not cherish the memory of its ancestors, will never itself achieve anything worthy to be remembered by its posterity. Consequently, I shall devote the time allotted to me to saying something about Old Hickory, as he was not unwilling to be called law of supply and demand. My final expression to this meeting is this—That men of this section of the country should not, by reason of the fact that we have been indoctrinated with the more conservative views of constitutional limitations, continue to advocate those ideas to the exclusion of devoting a reasonable amount of time toward shaping the progress of these powers to the best inter. I think perhaps I cannot make a better use of my time than to endeavor to defend him against some criticisms made by Thomas E. Watson in his recent life of him. sts of our own people. If we do not do this, they will be shaped 'or our people by others, without our assistance and co-operation. Whatever we may think about judicial legislation or judi. cial amendments to the constitution, it is, perhaps, better that he constitution should be construed in a way to meet the de la of the people half war, rather than in refusing to do ANDREW JACKSON by I. The people of this section are with affectionate memory now celebrating the one hundredth anniversary of the battles of Talladega, Enotachopco, and Horse Shoe Bend, and Congress has been asked to erect some memorial to perpetuate this great campaign which broke the power of the Creek Nation and revived the spirit of our infant republic then prostrate at the feet of English power. Having been born and reared almost within a stone's throw of the ground upon which the battle of Talladega was fought and among the people whose ancestors rescued from the wilderness the magnificent domain secured as the result of this campaign,-as fair a land as ever the sun shone upon, I feel constrained to express some dissent from the estimate of Andrew Jackson here recorded. The author of this book is one of the ablest and most brilliant controversial writers of the day; but in this book, where, in his historical and biographical work, he has for the first time burst forth in unbridled wrath, he painfully exhibits his limitations as an historian and disappointingly exposes his weakness as a biographer, save of those who are disciples of his peculiar school of finance and politics. Like all his books, however, it is interesting from the first chapter to the last, marred only by extreme partisanship. At the outset he lays down the just rule that the biographer should be impartial. True; but in this case the rule seems to be more honored in the breach than in the observance. In his preface, in speaking of General Jackson, the author says that he has told the truth about him. If so, it must have been reserved for the second edition, as it is nowhere apparent in the first. II. Our author criticises other biographers for accepting tradi BAR ASSOCIATION OF TENNESSEE ANDREW JACKSON by 1. The people of this section are with affectionate memory now celebrating the one hundredth anniversary of the battles of Talladega, Enotachopco, and Horse Shoe Bend, and Congress has been asked to erect some memorial to perpetuate this great campaign which broke the power of the Creek Nation and revived the spirit of our infant republic then prostrate at the feet of English power. Having been born and reared almost within a stone's throw of the ground upon which the battle of Talladega was fought and among the people whose ancestors rescued from the wilderness the magnificent domain secured as the result of this campaign,-as fair a land as ever the sun tions favorable to Jackson upon what he declares insufficient evidence. He somewhat excuses Mr. Parton upon the ground that, not being a lawyer, he could not be expected to know the distinction between legal and illegal evidence. In the face of this declaration, he proceeds to reject all traditions favorable to Jackson, and to accept all traditions which are unfavorable to him. Please note that his information seems to come mainly from East Tennessee, which was always hostile to Jackson. It comes from Whig sources, and is furnished chiefly by John B. Brownlow, son of Parson Brownlow, a family of people who have always bitterly opposed everything Jacksonian or Democratic. As illustrating this, one circumstance may be sufficient. Mr. Brownlow finds an old family friend or connection of his, who is the proud owner of some caricatures of Jackson, used against him in his Presidential campaign. After the lapse of one hundred years, the bitterness of this family against Jackson and his memory still burns, in fact is of such intensity, and so much does he cherish the defamation, that he will not trust it into the hands of others, lest it be destroyed, albeit he might be persuaded, Mr. Brownlow suggests, to permit it to be photographed! Again, our author criticises other biographers for making statements upon insufficient evidence, and yet his whole book, so far as General Jackson is concerned, is full of what seem to be unfounded assertions. Although a lawyer himself, our author tries and condemns General Jackson without furnishing the testimony upon which he passes his condemnation, so that the reader, by weighing the evidence, could determine for himself as to the correctness of his judgment. He never allows General Jackson to speak for himself. He does not even furnish the reader with the evidence upon which the judgment of condemnation is passed. The verdict, therefore, in many instances, rests upon what appear to be the mere unfounded assertions of the author. III. a shone upon.-I feel constrained to express some dissent from the estimate of Andrew Jackson here recorded. The author of this book is one of the ablest and most bril. liant controversial writers of the day; but in this book, where, in his historical and biographical work, he has for the first time burst forth in unbridled wrath, he painfully exhibits his limitations as an historian and disappointingly exposes his weakness as a biographer, save of those who are disciples of his peculiar school of finance and politics. Like all his books, howerer, it is interesting from the first chapter to the last, marred only by extreme partisanship. At the outset he lays down the just rule that the biographer should be impartial . True; but in this case the rule seems to be In condemning with great severity certain military executions, our author does not state with sufficient fairness that these executions were the result of formal trials before military more honored in the breach than in the observance. In his preface, in speaking of General Jackson, the author ats that he has told the truth about him. If so, it must have Wen reserved for the second edition, as it is nowhere apparent II. in the first linises other biographers for accepting tradi. courts. The condemnation was pronounced, not by General Jackson, but by a courtmartial. Jackson merely executed the decree of the Court. Again, our author would seem to demand that a trial of these causes should proceed as an ordinary trial by jury in a civil court. An army could not be conducted or held together upon any such basis. A courtmartial is governed by altogether different rules of evidence, and acts upon a different principle from that of an ordinary court of justice and a trial by jury. Again, for all these acts General Jackson was himself tried before a wider jury. He was arraigned and tried before the bar of public opinion, and was triumphantly acquitted. And still again, in this connection we should not forget that, in his first military experience, at the opening of the Creek Indian War, General Jackson, on account of the mutiny of his troops, found himself facing a hostile foe and abandoned by his army. When he came to face the English with the same troops, or the same class of troops, he knew full well, therefore, that insubordination and mutiny must be promptly and vigorously dealt with; otherwise, the discipline of his whole army would be destroyed. But our author suggests that, at the time of the military trials at New Orleans, the Battle of New Orleans had been fought, and seems to imply that military discipline was no longer necessary. We find it difficult to accept this view. General Jackson was not retiring from military service, and he considered discipline after the battle as essential as discipline before the battle, and this must be conceded to be true, if he ever expected to fight again with these troops or any others. IV. To properly judge of the justice of our author's condemnation of Jackson, as a man, as a statesman, and as a military leader, the reader should read in connection our author's “Life of Napoleon." Napoleon Bonaparte and Andrew Jackson possessed many qualities in common, though in moral stamina and fidelity to every interest the latter is far the superior; and it is singular to see how our author condemns the one, where he defends the other, for the same line of conduct. It is true that |
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