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

\ charge es.fOttrthS OF this sum, or TWELVE
THOUSAND DOLLARS, to the local account The
session continued over five months, and the pay
of members. and the incidental and Necessary ex-
pences of the session, amounted 70 about eighty
| thousand doiIars-three-f ourths of this sum- or
SIXTY THOUSAND DOLLARS, charge to the same
account, making the 5ieHHial elPeEses Of pri-
rate and local legislation about sEvENTY-TwO
THOUSAND DOLLARS These amounts may vary
some from strict calculation but to include
/ every item properly chargeable, the total would
exceed this amount This however, approx
mates near enough to the true amount for my
present purpose.
| The legislation for the people of the State
general constitutional legislation-would occu-
| by some forty days, and cost the State about
twenty-fOur thousand dollars; while the legisla-
4 ton for e!GSseS-.fdr0rites and individuals, re-
siding in this State, in Sister States and in for
eigR countries occupies about one hundred
i and sixteen days, at a cost of about seTenty-two
/ thousand dollars or annual charge on the
taxpayers of Tennessee OF over thrty-five thou
sand dollars. Now, sir, permit me TO ask has
| this burthen on the State beeeme sufficiently
| onerOus? How much viii its volume vet anc-
ment? When will lis ebb be And when Will
Legislators in the future do themselves Justice
and serve the State faithfully, by an adjournment
and return 10 their constituent Are not these
questions worthy OF respectful consideration?
and If we do not. correct these evils, viii not
and should not. the people cut the GOrdian Knot
Gnu ~ nv 7 " NV eAA~ nAc>>thso ALINEAA 70
private life p!
/ Mr.. Speaker, I have shown that general laws
have been enacted with the view Of vesting the
power over private and local affairs in the courts
in other tribunals or officers. and giving vital
ity and effect to the constitution Why then
have these laws been insufficient. 10 remedy the
evils OF which | speak Il is less expensive to
individuals to come TO the legislature: aud all f.
men learn intuitively. without awaiting the in
terventiOn of argument or reason. TO throw them
selves upon the lbeTality Of the State If the leg
islatnre on behalf of the State. viii bear their
burthens, aud not only grant them favors, in the
form OF m0nOpolies, or private grants for indi-
vdual benefit, but Will also pau an the eXpences
incident to the grant for the priDe ge Of bestow-
ing il. The members of the legislature breathe
only in the sunshine Of the constituents smiles
{ and are anxious to serve and crafty their SOW
eregns. and instead of repelling these applica-
tiOns. they rather invite them In their love for
the constituent they at times forget the State
0 engrOssed by overwhelming admiration for Cesar
= they cannot see Rome II the individual appIies
e to the tribunals fixed by law for a privilege or
franchise, he must pay the costs-if he applies
to the Legislature, the state pays all the expen-
ces. This is a premium. "a bonus offered by the
State to individuals. that secures all this branch
It Of business for the Legislature. The costs Of the
court or other tribunal would be from flco to ten
C dollars. The time and expenses Of the legisa-
90 ture. on twice three several readings Of the bill
would be from Onc-haif to twO-thirls of a day
e which. with printing and distribution would
Il amount 20 from three to four hundred dollars,
= making ON AL such bills the aggregate as have
- shown, OF about fhirfpfBs thousand dolKqrs per
$ aHHmH chargeable upon and paid by the State,
for the prciege Of iegislatng for classes ydCOT-
I ties and Individuals. Now sir should the in
n diyidual 10 be bene tied, pay small amount on
D. account Of has 0rIe pirate bissiasSs when no
5? one is directly interested but himself and very
c. few, even indirectly should the State paw 50
a. large sum. annually collected of OF the lrAOle
n people Of the State, for the private, personal
&c advantage Of individuals. and thus tar the
Fl people with these enormous amounts, when
n comparatively none Of the citizens Of the State
in interested, in these grants this legislation
pa Our action on these private and local affairs,
st will be our response. 70 these mterogatOries.
n Mr.. Speaker according to common law. the
H. cOrpOratOrs, members of an incorporated com
pany, were not. and could not be made person
be ally liable in their private estates for the cor
Dy pOratiOI debts. A very erroneous opinion has.
Is however somewhat extensively gained crsdence
e. in this and other States, that the rules OF the
e. common law relative to corporations. made
H. quate to their proper regulation and government
d and that alterations should be made in the com
by law rules for the better security Of the cred
in itors Of corporations-that the members OF all
,r corporations, public private, should be liable
n in their private personal estates for all the
at debts. contracts and liabilities Of the corpora
es ton. Now. sir, this is virtual abolishment of
IN all corporations and a law passed with this mod
he ifcatiOn or change OF The common law. does not
of create a corporation, but simply authorizes and
,e- regulates a corpartnershp making it capable Of
on suing and being sued, and taking and holding
he property, by given IL by the law in lea
nd of the names OF the partners, aud in al other
Dc, respects leaving the members precisely in the
ng same situation. regards their rights, duties and
ira liabilities, as the members Of copartnerShip al
rts common law The laws in force in this State vest
be ing the powers private and local Affairs in
la the tribunals fixed By law require these tribunal
err to engraft all the acts Of incorporation pri
ate vileges and franchises granted by or through
- such forums this individual liability clause p
sh- making all the members Of the corporation per
rat sonay responsible for the debts of the corpora
ts ton The Legislature does not engraft that iea
Sc ture charters granted directly by it, and meI
ro- Of prudence and discretion-and none Other
re- can, with confidence. be looked 10 % prosecute
nv the business operations Of the country success
he fally-will not embark in any enterprise how
-er ever laudable and promising, If they liable
81 10 De subjected 90 losses without any default OF
IN their part The Legislature does not require this
n in the acts of incorporation laws yesting right
las and privileges passed by t. The other forum
he are compelled by The law, to require il, SC tina
ire the Legislature by this means also holds out an
ed inducement for patronage. which secures a mo
TO- nopoly. in private aud local affairs
to Mr. Speaker a corporation is an artificial body
be created by law, composed Of collective AM
as changing BODY 81 men, the most Important attri
is butes Of which are i0a iife or Immortality AM
by individuality, and the principal and main in
tn ducement IN procuring an act Of incorporation
Is 20 limit the risk OF the cOrp0rat0rs, aud &
it, render definite the extent Of their hazard AM
i've prudent men, a. I have sad will not take stool
Is. % any amount In a corporation, and pay up al
an the stock they Subscribed AND perform fully thei
Oh undertaking. a. cOrpOrators or stakeholder
err with the liability hanging over them, or wiz
in even a remote probability % having afterwards Z
hv pay all the debts aad liabilities and be Fespoas
en- bic for all the contracts and engagements Of III
The corporation. You, sir, would not take stock j
TO any company. it, after a subscription Of fifty
ons hundred dollars 10 aid some public enterprise
en- without hope Of profits for profit. but wthou
i'm intending %. or exercising any personal owe
ar sight or control the officers the affairs
the the company; aud after years had passed, thi
and YOU, or after you had escaped into the toni
we your WIFI OF children would be liable for twenty
ate thirty or my thousand dollars; and the estat
APP moistencd with the sweat Of tOil, CAREFUL
ges husbanded by you, could be swept away, and 70
ana or they len hosscess homeless. and in want b
riv- cause Of failure Encouragement, or, If 20
gst please fraud. on the part Of the agents and 0n
fac GERS Of the company. No man ought TO do :
ese foolish thing, aad the Legislature should NJ
all require it 10 lie done, directly Or indireeti!