Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1857-06-27
Mr.. HArToN A FRIEND TO CORPORATIONS
AND EXCLUSIVE PRIVILEGES.

There is no one principle Of our republican insti-
tutions more sacred and invaluable than the perfect
equality Of rights and privileges which it is
designed to secure 10 each and all Of its citizens
50 far as the nature of our government is concerned
ii was intended that there should be no distinctions
and no exclusive privileges between the People-but
that high and low rich and poor, should all stand
upop one co.umon basis, and enjoy precisely the,
same advantages and benefits Of government Con !
seouentlv we find It incorporated in our bill ofrghts
which rests at the basis Of our Constitution "That
DrDsaies and 1oa2p5lss are contrary to the genius
of free State, and shall not Be allowed"
Al private corporations embodying special priv
leges, tend to conflict with the foregoing declara-
ton hence the language Of the 9TH section of the
18th article Of the constitution, empower ng the leg
islature to grant such charters restricts them to
such cases as they dhe Legislature) may deem
srpsdisf for The public goo9" All private charters
necessarily imply exclusive privileges, something
not enjoyed in common by the people, the exercise
Of special advantages conferred by the Of inoor
poration alone If such was not the case, there
would be no for private charters and men would
not seek for them. Il has been we'll said by our
present able Attorney General, in the case Of the
State Armstrong a., that public policy would
seem to dictate at all times and in all places that
the creation Of a fictitious person, with so many
facilities to sim and 50 great mpunity from pun
ishment should be the prerogative only Of the SUI
preme poweri in the State; and the representatives
Of the people, whose interests they are sworn to pro
tect sE9uId sor7fase elossly and grant cautiously
tra0r7fgary franchises not enjoyed By all citizens IL
common. to what Chief Justice Marshall designates
as an artificial, invisible, intangible being endowed
with Immortality and yet existing only in cOntem-
plation Of law"
How many Of these artificial, invisible and in
tangible beings, endowed with Immortality and yet
existing only in contemplation Of law" did Mr.
Hatton vote for IN one single session of the Legsla
ture and what particular pains did he take to guard
against ''their facilities to sim and protect the
public from the abuses of their power?
Upon this, as upon other questions favoring CAPT
tai, no man, in the history Of Tennessee legislation,
ever pursued more radical or reckless course
Those Of his friends who may not he disposed to
credit our statement have only to refer to the jour
mails Of the House, and examine his record for them
selves. That, certainly, viii do him injustice.
Ii viii be found that, instead Of combining himself,
the granting Of these special privileges, to such
cases as were q" expedient for the public good, he
voted unfortunately to charter almost every con
ceiyable project, Of individual concern, that was
sought for at his hands IN charity we would say
that he seems never to have comprehended that the
Legislature was empowered to grant charters simply
for "pubHc good, and not for private interests.
There might have been some shog Of defense set
up for the freedom with which he thus voted in derO
cation of the rights of the many, if he had much
as eyinced willingness to throw such guards and
restrictions around these chartered companies as
would have secured the public against their abuses.
But he took the contrary course He offered moth
ing himself and opposed every thing of the kind
that was offered by others
When it was seen that the Legislature was running
recklessly into this system of class legislation,
against which the trainers Of the constitution en-
deavorgd to guard, the following amendment was
offered to a number Of bills:
O. That nothing contained in the act be so con-
strued as to prevent the Legislature from amending
repeating the same, when It Is manifest the pub
lie good requires it.
Against this amendment, whenever offered, Mr.
Hattou voted. The Legislature was empowered to
granted these charters ofincgrporaon these special
privileges, only when deemed ezpedeut for the
public good" why not, then, reserve the power Of
repeating them when manifest the public good re-
succeeding Legislatures would be unjust to the pub
lie? If there was risk to run would not have been
better to have rsked the power in disnterested leg
islators to injure few individuals, than to have
rised the power with these interpretations to injure
the public. Nothing is more apparent.
With the view of meeting all the evils that might
grow out Of this unconstitutional and dangerous
system Of class legislation, the friends of equal
rights finally introduced into the Legislature the
following bill:
So Be 1t enacted, &C. That the charter Of every
corporation that may hereafter be granted by the
Legislature shall be subject to alteration, suspen
sion and repeal the discretion Of the Legislature
scheHeDsr the jqtercs, and rss of the STATE maHstly
requires the 20 be dgHe AND NOT OTHERWISE.
d" Be il enacted, That hereafter the individual
property Of all incorporated companies shall be
liable for any debts orc0nngencies that may accrue
against any corporation IN proportion 90 the amount
OF stock Of each igf.u.fg1L Provided That this act
shall not apply TO rail road companies
AGAIN MR. HATTON, and every other Know
Nothing in the Legislature, with a single exception
VOTED NO, AMI refused to make the private prop
erty of these favored individuals to whom special
privileges were granted, responsible to the public
for their debts erfG 20 tie Of stock earned By
Haq il cannot be said in excuse of Mr.. Hatton
that he objected to the phraseology, opposed this
bin because he thought It in some way incomplete
for he gave no such reason for his opposition,
nor did he make any effort to amend it. It is clear
from the record, that upon this subject as upon in
terual improvements, he is welded to class legsla
ton, or is ignorant of the great principle Of equality
that lies at the foundation Of our government In
stead granting such corporations only were eek
pedicut Tor the public good he sustained policy
which would aHfg the country with q large number