Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1853-12-14

democrat if you please-but the doctrine that the
property and rights of the citizen depend upon the
will OF a mere numerical majority belongs not 70
my creed Of profession. / have been taught, sir,
that under the constitution every citizen could feel
secure of life liberty and property, and that nei
Their the legislature nor the voice of the people /
could disturb him in the enjoyment of either. But :
should this resolution be submitted in violation of
what consider to be the spirit and genius of our
government, wish the gentleman from Carroll (Mr
Hawkns) who enlightened the House with an able
argument on the subject when the amendments to T
the constitution We're under consideration to tell
US whether he would require majority of al the 4
citizens of the State entitled to VOTE to vote in their
favor, or majority of those actually voting
I'd. assume, if it can be proven, for 1t has not I
yet been done, thai the principle of submitting
outons in the manner, and Tor the objects here pro-
posed is correct that it ID be aRtVise and dan
gerous for III to adopt the practice.
The object sought to be accomplished by the pas
sage Of the resolution, is to ascertain whether
majority the citizens of the State donot consider
it Immoral and injurious to society for the citizen to
acquire property in certain artiee-vinous or spr-
tous iquors-and to transfer the same by sale If
five thousand citizens Of the State have right
to demand of the legislature the submission
! of a resolution to ascertain their wishes on a
| given subject and we are bound to obey, or it
| would be unreasonable to refuse, with what
! degree Of Consistency coald a subsequent leg
islature, with such precedent staring them in
the face, refuse similar request Suppose then,
! sir that when the General Assembly convenes
in 1856 five thousand, or any number Of the peo-
pie Of the State, should present petition praying
that resolution should be submitted to the peoTle
of the State to ascertain whether majority did not
| consider it Immoral and Injurious to society for
/ men to acquire and hold property in his fellow man
| and to transfer the by sale, how could such
request be refused2 How decided unreasonable
/ rlo A e
our people believe that property in liquor should be
destroyedanother portion believe that property in
slaves should be destroyed. Could you consistent
" grant the request of and refuse the other
ascertain public sentiment? Otherilustrations could
be given, but thiss sufficient to show that the poll
cy is usl0lse and that its tendency would be daB
! gerous.
Sd. assume that it would be unwise to gran. the
prayer of the petitioners, because nothing good,
even in favor of the object sought to be attained
could be accomplished and that such a course would
! not settle the question. l- EH.
Members of the present General Assembly are
responsible to their constituents for the positions
assumed in the late canvass and must act upon this
and all other questions presented for our cousdera-
ton in accordance Herewith know well the
wishes of large majority of those have the honor
TO represent at the time ofmy election. 1t would
be a reflection upon their intelligence and stability
for me TO vote for resolution to ascertain whether
they had changed their views since that time Other
! gentlemen similarly situated Nothing there
fore could be accomplished with the present legisa-
tuIe even if there was time which there is not to
order an election, previous to our adjournment l
think effort to control by such means, the action
on this subject of the Legislature Of 1856 would
be equally futile. The petitioners ask that it be
disconnected with any other election. The vote
would consequently have to be taken previous to
; the election of members to the next General AS
Z L. Tla1 ~ 4
ter Of course, be satisfied with the result Candi-
ates, therefore, for the Legislature of 500, would
be compelled from the force of public sentiment-and
many would do from inclnation-to take posi-
tons either for or against prohibitory law
The consequence would be that the effect and force
of the vote taken under the resolution of this Legs
lature wouldbe entirely lost and the vote disregard
ed This cannot be controverted. Where then is
the good to be accomplished ut yanishes into
thin air.
4th- 1t would be unwise to grant the PRAYER of
the petition, because it would engender excitement
strife and heart burnings among the people-sun-
der the ties that bind family to family and friend to
friend and neighbor to neighbor Every gentle
man who knows anything Of the history of the late
canvass, where tie subject ola prohbitory law was
discussed, knows this to be true. But the gentle
man from Montgomery [AIr. House, tells US that
: excitement IN this country does no harm, and very
eloquently remarks that the balot-box settles all
contentious. That it is the great arbiter That it
speaks to the waves and they are still That such
is the case in ordinary political excitements
is the great boast of Our country. As am an
American am proud of it. But there is another
characteristic of the American mind of which I am
equally proud. 1t is this we are the most Jealous
people on earth Of our rights and liberties large
portion of our people believe that the passage of
law prohibiting the sale and manufacture of distil-
ledhquOrs would be Infringement of theirreserved
rights that the constitution OF our country guarantees
to every man the enjoyment Of life liberty and prop
erty. The excitement upon this question would,
therefore be no ordinary political excitement Let
the waves once commence rolling and there may be
no voice to speak peace to the troubled waters
None to say-"Ihus far shalt thou go and no far
ther, here shall thy proud waves be stayed -
Better, Mr.. Speaker far better, address the con-
sciences and the reason ofmen; better control them
by moral suason; better hold up the beauty of vir-
tue and the deormity of vice. better spread the be-
nign influence of the christian religion than to at
tempt by arbitrary enactments the enforcement OF
moral principle-an imperfect obligation Better
sir, stave off this Innovation stand by our ancient
landmarks; preserve the constitution in letter and
in spirit that the liberties we have received from
our fathers unimpared andunabridged, may be trans
, mitted to our sons
For these and other reasons, sir, I shall vote
against the motion to non-concur.