Nashville daily patriot. [volume] (Nashville, Tenn.) 1855-1857, 1856-04-05


TEN of internal improvements?
Mr. Speaker: The Constitution declares, that
well regulated system of Internal Improvements
ought to be encouraged by the General Assembly
That an dssembdqe of Roads should be adjusted luto
a regular whole, and subjected TO rules and restrlc
tions-you should not encourage one road IN East
tennessee upon basis, or under one set OF rules
and principles; and another road In West Iennes-
see upon an entirely different basis, With no con-
nection in the roads, or manner OF aiding them.
All parts of the State and all the roads should be
governed and aided with uniformity and equality;
and then that this system should be adhered to.
The Legislature at the session OF 1872, esta6-
lished such system, and granted charters with
equal aid to- and made provision for, each oil the
three Grsnd Divisions of the State, suhjecting the
whole to rules and restrictions necessary for the
good of all the roads, and the safety OF the
State.
This system has proven judicious, and has elevs-
ted the credit of the State to the highest monetary
point The bonds Of the State have demanded the
largest premium and departure from this sys~
tem-an undue extension of credit to Companies,
or objects not embraced in it; or the doubling the
aid, VARYING the character OF the aid the removal
of the guards and restrictions thrown around 1t,
and cutting this well regulated system loose with
out rudder or helm would be fraught with conse-
quences most dangerous; and would be setting
have no end, save in bankruptcy. The gentleman
from Wilson, (Mr. Hatton,) however, says that
precedent is decision, or something done or saw,
which serves as rule for future determination, in
similar and analogous cases. The argument based
upon this definition is that case similar to the one
presented, will not again occur in the history OF
legislation in Tennessee. That no other road can
lay where this does-no other road will be OF the
same length and grade-nO other road will have
81 he
aid equally bad, or have the same friends in the
Lobby and that no similar case can occur; and
that therefore Mis any other road, or grant, can
not be precedent. There must be great force,
sir in the argument Of precedent when gentlemen
are driven to such studied technical definitions IN
avoidance of the question. 1t is impossible, Mr.
Speaker to have precedent according to this de-
inition. No two roads are similar IN length,
grade. bridges location and everything which might
be suggested; and il, to make precedent tor
gentlemen, one road should be built upon another,
they would still insist that there no precedent
because one road was higher--on the top OF, the
other, and therefore not similar. And thus the
greatest injustice is unntentionaly done gentlemen
who urgethe question Of precedent, in charging
them, by implication with the grossest ignorance,
in supposing any two roads in the United States
similar according to these definitions, when all
know, no such similarity; can or does exist.
Mr. Speaker By the laws, as l have said, certain
rules are established-certain conditions are pre-
fixed and certain limitations annexed to the
grants by the State, of aid and it Is not as spe
ciOusy argued, the similarity of roads that makes
the precedent but il is the departure from the
systematic abrogdtiOn Of the rules-the repeal OF
the conditions, the revocation OF the limitations
which constitutes the precedent-any change then
of the system, or action for roads, or aid to new
roads, not in the system-granting 100000 per
mile, or more than $4,000 per mile, besides bridge
aid or authorizing the bonds to be sold at less than
par-or after granting full aid according to the law,
then 10 endorse the bonds Of the Company tor
still greater amount-all which is attempted to be
done in the bill before the House-iS what const
tutes the precedent regarded so dangerous to the
vitality of the credit of the State; aud gentlemen
wisely avoid the argument OF precedent as thus
applied
If you pass this bill, then, you establish the pre-
cedeut-you depart from the system-yOu endorse
bonds and increase very largely the aid beyond the
limit fixed by past e5isatiOn, and what will be the
result? Every Company will apply for aid,
we refuse because the road is not embraced IN the
system-they respond, you do not adhere TO the
system-this word is meritOrous and point to the
departure precedent, and we must grant the aid
or be partia-hvor one road and reject another of
equal merit. Every road will ask the endorsement
of it's bonds-we hesitate-answer, no such en-
Improvement lawsuits precedent is ouoted-this
bill referred to. The holders OF Corporation. Coun.
w. and City bonds will press their claims for en-
dorsements. The proprietors Of every Furnace
Forge, Mine, or Coal bank, will urge the State to
endorse their bonds, or giant them aid to build
roads to their possessions and give vitality to their
liieess credit. Again, sir, the roads will ask aid
for grading, in addition 10 the iron, bridges and
machinery; and the State "a in the bill before the
hull thn
the Company; and yet We will be seriously told
have just been in this case, where there is no
hen or indemnity proposed in the bill that the State
is perfectly safe-that there is no danger of loss
and gentlemen VIII plead the utility and advantage
OF all these propositions and point with eTultation
to the precedents of legislation.
Mr.. speaker. When gentlemen vote for one, they
must vote tor all, they are not contracted in their
views. 1t has been thus during this session; gen.
tl=men have repudiated the idea OF precedent and
voted AID TO each presented because Of its
peculiar characteristics and have thus eonciidted the
friends OF every project, And here sir let me ask,
would these gentlemen put their own hands to this
endorsement, and make themselves personally lia-
bley No cir. Would they issue their own bonds
to these companies without enquiring into their
means or solvency? Again l answer, no. Then
tell me why thew should do that for the State
their constituents that they would not do for them
selvesl The action Of members here would ind-
cate that the golden rule repealed, and that the
responsibility Of the representative was abolished
II the argument then of no precedent be sus aimed,
every bill seeking endorsement of bonds, aid, or
double aid, will pass to the great injury OF the
State and her credit-the system will be wounded
at every point; and according to the vocabulary OF
members the term system as applied 70 Improve
ments. will like the term precedent be unmeaning,
without application and obsolete, while the life
blood OF the State, her credit, will be gone and
bankruptcy like a dark cloud will settle upon the
State
Mr. Speaker. The tendency Of legislation in this
State since the passage Of the Omnibus Bill, has
been TO depart from the syseyn-to extend the res
possibilities OF the State and expose her credit to
greater danger This responsibility is now extend
ed as far, nay farther, than safety to Tar Payers
and the credit to the State will allow. When, may
ask will the Legislature cease TO grant aid indis
crimnately' l. there TO be no limit 10 State aid
Will the State pledge her faith to all the Roads,
bridges, Counties and Corporations in Tennessee
and then send oat her accommodation endorse
ments TO her sister Statesf What do capitalists
sayg That Tennessee has already issued more
bonds than the basis, the wealth and resources Of
the State Justify than excess Of bonds is always
ruinous-that Tennessee is too prodigal an almOner
OF her bouuty-is reckless with her credit, has no
system and abricates paper with too much facility,
disparages prudence and csnno; be trusted We
tell the capitalists, this is not so, that only part
Of the bonds granted, will ever be issued that the
roads will not be built They point to our statute
books aud read the grants, promises Of the LeGis~
lature 70 more than twenty millions for railroads,
AID then to our Indebtedness for tnrnpikes, the
Car ito Banks, Rivers, aud public institutions, sum
ming up several millions aud shake their heads
and saw the basis of your credit will not sustain
this lavish expenditure, the qu,s tion with you is
not, what roads are demanded by trade, travel and
commerce-Wbat roads will pay aud indemnify the
StateY You have 20 State Engineer or Officer TO
examine the route aud report whether the road can
be made or should be built; the prscticabiiity VI