Nashville daily patriot. [volume] (Nashville, Tenn.) 1855-1857, 1856-01-28

Members ana tnelf ircu1e, IKE Lana 1dte5S, fOOet
in the galleries. crowd the lobbes and traverse the
asles OF the capitol, and with the self sacrificing
kindness and politeness peculiar to that bird, fold
their wings gently around the members, and in
musical accents, plead the utility and advantage
these projects for the peope-the State. Sir re
move the prey--the stakes send all these private
and local affairs 70 the courts ard the Lobby Mem
bers and their friends will desert these halls-they
will leave US all alone in our glory" and will seek
other cimes and other scenes Of labor. The courts
will not be annoyed-the Lobby Members viii not
go there-politeness win not supercede the forms
Of law--hatteFing words DO not come within the
rules Of evidence, and loge Of de public good will
not stay the judgment Of the court--the law viii
be administered, and the State will be saved.
Mr.. Speaker, in this connection, will give my
views of general legislation very briefly The ex-
Gees Of legislation, of which have spoken, should
be checkcd-very few general lars should be passed
Where the old laws are defective, they should be
amended aud the defects remeded by new enact
menis. Laws which obsolete, not now
and should rot be enforced, should be pruned Of,
repealed; and such new provisions only added as
are necessary to perfect the system-provide for
''the peace. safety and happiness" Of the people,
and purity the administration Of justice and at that
point lac making should cease. And the code or
system, thus pruned, corrected and amended should
be eouched in plain language and distinct Terms so
that every man, by his own hearth stone, can read
and understand the statute laws of the State, and
be entirely relieved of the necessity Of consulting
attorney to the right Interpretation or proper
understanding OF the statute laws. The common
Law, sir, owes its binding force to the principles OF
justice 10 long use, and the consent Of the state,
and is encountered by rules and technicaties which
only be known by diligence and long study, and
but few Of the citizens Of the State can become
fully versed in it. But statutes the positive
commands Of the Legislature and eoerg man should
be his statute Larger and the Legislature should
enable him to be go. And If there are any statute
laws in force Of doubtful reading o. construction,
and not easily understood by the people, they are
bad idrS and should, on that account, be repealed
and il necessary, new laws should be enacted to
supply the place of these unintelligble ones, cx
pressed in such language as can leave no doubt as
TO the proper nearing or construction to be given
20 these by any person ca pablo Of reading. These
laws, then, should be complied, brought together
and printed in n single volume, and distributed
throughout the State, 50 that every man could have
access 20 them Such a code Of laws would DO
much towards supprcssing litgation-gcOutd be a
ld0 rctorB,, INDEED and produce that fraternity
which should exist between and characterize the
citizens Of this State.
Mr. Speaker, you will perceive that have pur
posely avoided making al application OF the prj't
cjpies policy have been discussing TO the tco
hundred cyhtrJbgHd bills already Introduced into the
House. Many similar enactments have been ex~
prcsslg declared unconstitutional by our supreme
court, and al of them are, In spirit and letter,
within the restrictions and prohibitions OF that in
strumcnt But have desirei that these questions
as 20 the constitutional power of the Legislature
and the policy Of the State, .houd be settled with
out aTaying the members in opposition to the
views have presented, by using their particular
measures to illustrate my arguments, and because
10 mi sht appear to be an uuprovOked attack upon
their iavorite bills. ! believe, however, that f.
upon investigation, the construction Of The consti
tuition and line OF policy proper to be pursued be-
settled and t il determined that under these rules
or according to these tests, the bills before the
House should not pass, every member here viii
promptly ostracisc his own bil-thoUgh a favorite
measure Of his constituents--in Difference 70 the
constitution and his sense OF duty to the State.
| may he parioned, Mr.. Speaker, for remarkng
that the House has, a mark OF respect for blue
hunting dtirt-the costume of the pioneer and
woodsman-given fUe thousand dollars to induce
Emery River to run into naUigaJie order despite the
rocky Businesses and the want of water; while the
gentleman on my right, presses bill to remove
instructions 10 the Forked Deer, and make the car.
rent orderig-and the gentleman on my left, prays
that the mill dams in Stones river incline dorm
stream.
Nov, sir, say to these gentleman, and to all the
members of this House if you will remove the pri.
vate and local distractions from the legislative
stream, and keep the current in the constitutional
channel, you will render the State more effective
service than by all your other legislative duties
during the pr. sent session, however faithful and
laborous you may be.
Mr. Speaker, | viii not pursue these arguments
further. | have shown that the Legislature has
power 10 pass private aad local laws--that this
power must be vested in the courts Of Justice and
exercised by them, and that public policy, requires
a strict adherence 10 these provisions Of the con
stitution.
The origin and history Of the provisions Of the
constitution as 10 class private and local legislation
and the history ard progress Of legislation since,
clearly and lully yndicate the wisdom OF the mem
bees Of the convention Iu the formation OF the cOu
situUUn, aud indicate the true policy Of the Legs
htnre and the State in reference to all private and
local effiirs; aud leave all these questions for the
decision aud further action OF the Legislature !
cannot tell sir what will be the result. Whether
We sin must suffer under the eUiiS of this private
and local legislation, enjoy the blessings guaran,.
tied us under the constitution; or, in the language
of Cicero 20 Atticus, while doubling the course
Caesar would pursue after his successes, eve do
not vet know whether the destiay Of Rome viii
have Us groaH uuder a Philaris, lice under
Psistratus"
NAIL Ir-It has been repeatedly charged
by democratic papers that Hon. HENRY NJ.
Fuller ran as an anti-Nebraska man in the
canvass for Congress, and by his opposition
to that measure succeeded in defeating his
democratic competitor. This charge is I'M
true. In the House Of Representatives on
the 10th inst Mr. FULLER disposed of it
as follows
81 will state a single fact At the same
election when | was returned a member Of
this House, Ex-Governor BIGLER, now Uni
ted States Senator from Pennsylvania, was
a candidate for the Office Of Governor,
standing upon the same platform with my
competitor, addressed the people from the
same stand, and advocated substantially
the same measures lie carried the district
by handsome majority / was elected by
over two thousand majority / would not
have alluded to this fact but to correct a
wrong impression, and TO show that il was
not the auti-NcbraSka issue which deter
mined that eleGtion. It's bat just to say,
that a strong feeling existed in my district
adverse to the repeal Of the Missouri COM
promise 5ut feel assured that / am now
representing the wishes Of large majority
. . A. A. =