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

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an ALE writer. ''is inconsistent with perfect
bodv corporate" and an eminent iurist says, that
,he leading distinction, in contemplation OF
gaw between partnerships and corporate cOmpa-
pies Is that in the first the law looks TO the iDdl
viduals. Of whom the partnership is composed,
and knows the partnership, not otherwise than as
7,eing such a number Of individuals; while IN
the second IL sees only the creature Of the char
ter the body corporate, and knows not the indi-
viduals" Then sir. If you desire to abolish the
distinctions between corporations and partner
ships and reduce all TO the standard OF the part
nersip. do it by general laws; prohloit the crea-
tion of corporations absolutely, 10y PLAIN and
nositiye epactments and do not seek To attain
This point by undermining the structure OF the
bodv politic and efacing its distinctive charac-
teristicg by the stealth Of private statute making
Mr. Speaker the courts are the proper tribu-
mails for these private and local affairs and should
be invested with ali the power necessary, and be
freed from the restrictions and embarrassments
thrown around them 10y legislative provisions.
The Judge hears the proof knows the facts Of
each case and does justice according to The law
and facts Not 20 with the Legislature here no
proof is heard--the parties and facts are unknown
and Ii Is understood 90 be GiscOurteouS and
srantiag ia good mldHHeTs towards a member to
inquire into or oppose his private or local meas
ures and thus the bill passes, while great injus-
tce nav be. and frequently is, done TO individu-
ais or the State.
The present course of legislation on private
and local affairs, is but the rehearsal and repre-
sentatOn of the action Of the past-it violates
the principles and landmarks which the charter
Of the State itself has consecratod, and restores
TO the Legislature the pOtoerS which have been
syycpt away by the trainers of the constitution OF
1894 and sacrifices the interests Of the State TO
the benefit Of classes. And these private and
local laws are made and disposed Of as their class
and kindred were by our predecessors. The
rl ,g.fl flafauf no pF ffgD
or knowledge OF the parties or their rights
having no forum to try the facts, or tribunal to
adjust these rights and cases occur every scs
sion showing the fitness and propr:ety OF the
jurisdiction OF the courts over all private and
local matters The former history OF divorces
presents a good illustration. The party, not
unfrequcnuy a lilylvercd gentleman, applied
TO the court for divorce, and upon the facts and
the evidence in the case, was rIghtlully repealed
from the Temple Of Justice. and compelled 10
bay The costs After this, aud without any other
proof or any new cause OF complaint, be would
apply TO The Legislature and, on an or pdTtc
representation, and because IL was kOcni bnf, and
no one present would protect the absent and I'M
known the bill. under thc guidance and influence
Of some member. would pass; the divorce be
granted. aud pure, hi2h-mindCd and virtuous
woman, without notice. without a hearing. and
without Just vindiCaton, was abandoned and
driven forth ia disgrace woman without
walked forth like a man-wanting, however, his
chief attributcs-aud was received into society
again a gentleman.
Nj Speaker when doubt is suggested in this
House as 10 the conStitutonality OF a measure,
or IT, In a case admitting Of no doubt. the p0treT
of the Legislature is raised. gentlemen appear
10 be taken by suyprise-astonished at such
questions being m, otcd. and these questions have
become matters rather of amusement than calm,
deliberate and dignifcd action. They tell you
that they can pass whatever laws they think are
right aud their opinion Of the justice or proprl-
ETY. Of the measure is the only Grbiter. They
come from the peoplc-are the UeTitdbfe people
themselves-and, like the king, can do no wrong
that. IL they do right abstracty, unrestricted by
constitutional letters. they deem il unnecessary
to look beyond this to the principles Of the gov
eminent or the provisions Of the constitution.
Aud when the friends of the people, Of improve
ment of development. with all the varied appii-
ances they bring 20 bear upon the Legislature
are at the doors Of the Capitol and it is apparent
the scige will not be raised until some local
measure is passed, you, sir, If a stranger TO our
Institutions and laws, would readily conclude,
when a member suggested q constitutional bar
ricr, that the suggestion was a Aild vagary and
would note the aston-hmCnt Of members fading
away into mirth, and leave these halls not aware
that we had a written constitution and laws or
that they could Doe enforced. Ii was Just so with
.1RacharS3S. He was asiOnshed that Scion
could expect 10 succeed IN his designs of Restraint
ing and governing the citizens o! Greece by
written laws, and said 20 Scion, Give me leave
to tell You that these written laws are Just Ike
spiders webs the weak and small may be caught
and cntangied in them, but the rich aud power
ful will break through them and dcspse them. /
If YOU press the question farther and insist
that tie Legislature is not the tribunal to settle
constitutional questions the response Is, that the
Lcgi-lature may enact Just such laws. a. may bc
IHr az f.lfr 4#.lf from
it--that the courts Of the state in al clSes sus
tain tie p0irgr and acti0H OF the Legislature. (
Now, sir. III ! am 10 understand this a. a retcc-
tun upon the courts. ] answer that We have a /
judiciary. as well organized and conducted as
any Of the sister States, and have Judges, dis |
tiHgushcd alike for urbauity. learning, ability |
and intcgritv-at home without roprOach, and |
on the bench above su,picion-who know their /
duty, and dare do right, without consulting the |
popular viii. or being awed by its dictation. II, |
however, I am simply 10 be told that these laws |
have not, as yet, been declared unconstitutional |
aud void, answer, that constitutional questions |
are always regarded by tue courts as Of great /
importauce-that the judges look at the acts OF the
Legislature ith great respect and reconcile and |
sustain them. il this can be done c0nsstcuty-aud /
that the presumption that delegated body, like
the General Assembly, has sanctioned eHsctments
IA violation OF the constitution, is too violent TO
arise; but that the courts, Whenever the occasion
occurs, or me Questions are presented, VIII con /
strue and declare the constitution properly, aud will
defend the institutions OF The State from suhrersiou
by the enactments OF the Legislature, and viii res
train aud keep legislation IN the constitutional chan
mel Aud permit me 20 say, sir, that when The |
questions are dire ily submitted 20 tte courts that
they will efdcs irom the statute books hundreds OF
the laws which have been passed by the Legislature
cannot, Mr. Speaker, permit this occasion TO
pass without referring 20 ore ipcifeUtaf advantage
Of some practical importance, however-to be de-
rived by the State from iio construction give %
the provisions Of the constitution, il ucq uie-ced In
The dispensing With-outuug of-that numerous
class OF respectable gentlemen known as Lobby
Members, who are constrained by the lore they bea5
the State, 60 repair the seat OF government and
remain at heavy personal sacrifice OF time aud
money, with a zeal and energy stimulated dioi,c by
a desire FOR the p"5je good to instruct the men5srs
d. jrs IN the proper dsch rye OF their legislative
duties These Lobby Aeabers belong peculiarly
And exclusively 20 the private and local department
Of legislation. Patriotic and public spirited ind.
viduals DO not usually abandon heis own rrivass
interests their homes aud hresides, brave the ten-
pest and the storm. aud come from all parts Of this
State and sister SiAtes 20 aid BY their presehce and
advice in projecting and passing general iass nten-
ded flr the good Ct the 0hols people Of the state
This class OF laws the members must mature alone
and unsidsd. Tue friends Of equality and uniior-
nifty do not ordinarily have cards hand bills aud
pamphlets printed at their private expense, and
thrown la profG,iou over the tables OF members,
urging the passage OF general Lrgs 20 dsveLope the
resources OF the whole S.ato-fur the general good
of az the people No such disatsrsstof bsasroisaoe
has is growth amongst Us. But, sir, ,Oa have
l. lst