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

upon the Legislature all this authority, except
where the constitution has specially restricted
prohibited that power. By the seventh section
of the eleventh article then, the power OF the
Legislature over local and private affairs, was
restricted prohibited by the people in the
grant.
The Legislature is the mere agent of the peO-
pie, entrusted with certain delegated powers
The constitution is the letter of agency and
the eighth section of article eleven contains the
pecifc directions as to private and local affairs;
shat the powers in regard to them, shall be vest
ed in the courts of justice to such an extent as
may be deemed expedient-thought suitable for
the purpose intended What purpose! The
. grants as to, and control over such private and
, local affairs as may properly be demanded by the
State and in its action, as agent, the Legisla-
ture is governed by the same rules, so far as
> applicable, as other agents.
The grants of privileges and franchises by the
, State, have by combination of capital and
skillfuly directed labor, in an eminent degree,
contributed to the commercial and mechanical
prosperity of the country. The State demands
the exercise of this power-the constitution
requires its execution, and if the Legislature
the agent-fais or refuses to vest courts with
this power, there is no tribunal or body IN the
! State capable of exercising it. and the rights.
privileges, property and common good of the
i, citizens of the State are wholly disregarded and
: the fundamental law of the State is rendered
nugatOry.
, Mr.. Speaker have shown from the ,cOrdiRg-
y the peculiar phraseolOgy of the seventh and
eighth sections of article eleven of the cOnstItu-
: ton that all the laws must be general, equal
and uniform rules for the government Of the
y, actions of all the people of the State, without
anu exceptions; and that no private, local, or
: special law can be enacted by the Legislature.
I Or, to state the propositions in general terms
that the principles of the constitution consist in
equality and uniformity inlaid by the spirit Of
! and anfc aPn
7 to sustain these propositions, aside from the er-
. press tCOrdiRg of said seventh and eighth sec
: tOns the CONTEXT of these sections and the
= subject matter of the constitution, viii sustain
l these propositions, and the construction given to
% these sections
o Sir, take up our magma chGTtd and begin
with the Bin of Rights, and You will find every
p line redolent with these principles, and every
, sentence exhaling this spirit The opening
!, leading declaration is, that all power Is inherent
A in the people. and all free governments are IN
, stituted for their peace, safety and happiness.
!, and for their common benefit. Equality and
= uniformity are the controlling principles Of the
elective franchise; all elections shall be free
,f and equal the laws regulating divorces shall
= . be general and uniform in their operation
v throughout the State and that the laws es-
tablishing a rate of interest shall be equal and
y uniform throughout the State Aud. after
y paying deserved tribute to knowledge, learning
a and virtue the constitution declares that the
! common school fund shall be inviOlably appro-
,r priated to the support and encouragement Of
" common schools throughout the State and for
= the pqltGl benefit OF the people" Freedom Is
: declared against all peTpetuitles and monopoies
40 as contrary TO the genius of free state F.; and
. against hereditary emoluments privileges, OF
hOnOrs as savoring of lords and kings; while
r personal, civil, political and religious liberty
: with all the rights, privileges and immunities
N belonging to each, are recognized and no eN
n ceptions to these rules or fundamental principles
ar find a place in the constitution. nor should any
W exceptions to them be made in Legislation.
ar Mr.. Speaker would rest the question of con
mr. struction upon this reading OF the constitution
"a were 1t not for the past and present Legislative
10 action on private and local bills and the appar
of ent construction given that instrument by thd
70 action The first section Of the second article o
Ne the constitution provides that the powers of thu
n government shall be divided into three distinc
te departments, the Legislative, Executive and Ju
mr. dicial - and the second section OF the sam,
nj article SAYS no person or persons belonging L
n one of these departments shall exercise any o
10 the powers properly belonging to either OF tn
70 others The relative positions and the power
he of these coordinate neutrality-suspicious. o
q the government, are generally well understood
ID and readily conceded by ALL so that an argumen
~ now upon this division of power is rendered an
70 necessary The Legislature then has no RICH
n or power to cOnstrue the constitution, and 1t
Or ! own acts under that instrument. If such, how
at ever was the rule and the exercise of this powe
n was permitted to the Legislature, all constitu
an tional questions would begin and end with tina
ne body The Legislature would act both as Law
of giver and Judge-usurping both the legslativ
a and judicial departments of the government
Ms But all this is expressly prohibited by the const
al tuition But Sir. if this construction and adjT
f. dication resided with the Legislature-yet wher
nd the constitutional provisions are restrictive
is legislative authority, as have shown is the cas-
ofl as to the questions under discussiOn-the COZ
he struction given by the Legislature, sitting
oh Judgment on the extent of its own powers, Is ~
ID entitled to any credit or weight. ITO adm
re such an exposition as binding says Smith,
oh his commentary, would be to permit the depar
am ment restricted, to do away with the very restr
nv ton imposed Again the hurried manner an
ge attendant confusion, incident 10 the action
llv delberative bodies, where very little reverend
in is accorded TO precedent - where its bindin
he force is not acknowledged as to constitutions
al questions one Legislature acts and III
on succeeding one refuses to act upon the SAN
ri question on constitutional grounds the FIR,
- Legislature cot respected as authority by the las
cre show the fckleness Of legislative construction
he And. again. important enactments are passe
se without any reference To, or action by the lud
- ciary committee-and the constitutiOnality OF Oh
no act is not inquired into. and has not been col
nj sidered by the members of the Legislature
nm any manner-which you know, sir, is the tru
ito history of legislation These facts. submit
he show that such tacit Interpretation Of the coust
nd tuition has no weight aad ought not TO be reerre
by to as authority. But, sir, If any act Of the Lee
av islature should be referred to or received
,Iy authority. in constituting the constitution, Il
in acts Of the Legislature cOntemp0rane0us with,
ieb Immediately succeeding, the formation Of q
constitution should have the most weight, aud
yer propose TO show when discuss the history
The the constitution and legislation that under th
MI rule the Legislature Of this State has sustain'
ali the re aiding have given TO the constitution {
M the subject Of private and local legislation.
af Mr.. Speaker, whilst | insist that the coustit
the ton prohibits all direct action By the Legsl
ned ture on private and local bills, would not beI
tbe the timbers Of the constitution to effect th
4 construction unless sustained by all the rules
hat construction applicable to that instrument; al
ali vet sir If the reading be dark. and the constru
NV ton be doubtful, would adopt that reading al
ira that construction which would do no violence
he its provisions and at the same time, effect 6
10 greatest possible good for the State and for
,aa her citizens
he will now. Mr. Speaker, apply another rnle
Is construction 10 these provisions OF the c0nstit
al ton First however permit me 70 refer to
'ue origin and history Of these sections OF the co
-, stitation which have been discussing
81 The Constitution Of i796 did not contain a
~ provisions whatever on the subject Of e0rpoI
- lar faff