Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1853-12-13

property and rights OF the citizen depends upon tie
will of a mere numerical majority belongs not to
my creed OF profession | have been taught sir,
that under the constitution every citizen could feel
secure of life liberty and property, and that mel
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 oil
what consider to be the spirit and genius Of our
government. wish the gentleman from Carroll CIR
Hawkins) who enlightened the House with an able Z
argument on the subject whenth amendments to |
the constitution were under consideration to tell /
lis whether he would require majority of all the /
citizens of the State entitled to vote to vote in their
favor, or a majority of those actually voting
ID | assume if it can be proven, for 1t has not !
vet been done that the principle Of submitting res
olutions in the manner, and for the objects here pro-
posed is correct that it wonld be nlcise and dan
oerous for Us to adopt the practice.
The object sought to be accomplished by the pas
sage of the resolution, is to ascertain whether
majority of the citizens of the State do not consider
it Immoral and injurious to society, for the citizen to
ACQUIRE property in certain artice-vinous liquors
and to transfer the same by sale If five thou
sand citizens of the State have right to demand of
the legislature the submission of resolution to
! sertain their wishes on given subject and we
bound to obey or it would be unreasonable to refuse
with what degree Of consistency coald subsequent
! legislature, with such precedent staring them in
| the face refuse similar request. Suppose then,
sir. that when the General Assembly conyenes
| in 1856 five thousand, or any number Of the peo
ple of the State should present petition praying
that resolution should be submitted to the people
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 same by sale, how could such
request be refused? How decidedly unreasonable.
LIQUORS are property-so are slaves A portion of
our people believe that property in liquor should be
destroy ed-another portion believe that property in
slaves should be destroyed Could you consistent
ly grant the request of and refuse the other
ascertain public sentiment. Other illustrations could
be given but this is sufficient to show that the poll
cy is antCiSe and that its tendency would be dan
gerOuS.
3D. assume that it would be unwise to grant the
prayer of the petitioners because nothing good,
even in favor of the object sought to be attalnedi
could be accomplished and that such course would
not settle the question.
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 consdera-
ton in accordance Herewith. l know well the
wishes of large majority of those have the honor
to represent at the time of my election. 1t would
be 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 are similarly situated Nothing there
FORE could be accomplished with the present egsla-
ture even if there time, which there is not to
r, order an election, previous to our adjournment
think an effort to control by such means the action
It on this subject Of the Legislature of 1856 woulG
: be equally futile. The petitioners ask that it be
. disconnected with any other election. The vote
would consequently have to be taken previous tC
Y the election of members to the next General SIS
: sembly. The defeated party would not, as a mat
If ter of course, be satisfied with the result. Csndi
ates therefore, for the Legislature of 55-6 wouIC
be compelled from the face of public sentiment-anC
o many would do so from incination-to take posi-
C tons whether for against a prohibitory law
The consequence would be that the effect and forc
of the taken under the resolution of this Legs
e lature would be entirely lost and the vote disregard
70 ed. This cannot be controYerted. Where then
{ the good to be accomplished? sit vanshes int
Is thin air.
At 1t would be unwise to grant the prayer @
the petition because it would engender excitement
l. strife and heart burnIngs among the peOple-Sun
l. der the ties that bind family TO family and friend t
-e friend and neghbor to neighbor. Every gentle
Of who knows anything Of the history of the lat
g canvass where tie subject of prohlbitory law wa
T. discussed knows this to be true. But the gentle
a man from Montgomery, (Mr. House, tells US tina
s. excitement in this country does harm, and yer
Of eloquenty remarks that the ballotbox settles a
e contentious. That it is the great arbiter. That
ar speaks to the waves and they still That sue
ID IS the case to ordinary political excitement
n is the great boast of our country. As l an a
American am proud of it. But there is anothe
lie characteristic Of the American mind of which an
n equally proud 1t is this: we are the most ealou
y people earth of rights and liberties. A larg
1t portion of people believe that the passage of
s. law prohibiting the sale and manufacture of dist
edhquors would be an infringement of their re
10 served rights. .....
al That the constitution of country guarantees
e every the enjoyment of life, liberty and prop
rs efy The excitement upon this question woult
5? therefore, be no ordinary political excitement lie
| the waves once commence rolling and there may
y voice to speak peace to the troubled waters
n None to say-"Thus far shalt thou 90 and no far
ID ther. Here shall thy proud waves be stayed. =
CT Better, Mr. Speaker far better, address the con
sciences and the reasons ofmen letter control then
by moral suasion better hold up the beauty of vii
tue and the deformty of vice. better spread the be
b. nign influence Of the christian religion than to al
t. tempt by arbitrary enactments the enforcement
lie moral prlncple-an imperfect obligation. Better
l. sir staye off this innovation; stand by our ancien
landmarks preserve the constitution in better an
in spirit that the liberties we have received from
our fathers unimparedand unabridged may be trans
- mited to our sons.
IT For these and other reasons sir l shall vot
n against the motion to non-concur