Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1858-02-09

pulous note shaver whose business is legaliasd He
tells the shaver thst be is in great need q money
that be has tried 70 borrow il and has failed hat
his neighbor is unable 70 accommodate hin; that
he had offered as high as ten per cent, to borrow
the money without success and that as last resort
he had come to him; that he has q note on q very
good man which will be due in few Wee.,s sud
that be shall be compelled to sell it for the cash
Now, sir these shaVers are generally men who are
perfectly skilled n hier science flor il il seieuee
and have perfect art Of making one Of their VIC
tins believe that they are doing him q great favor
when in fact they depriving him Of his living,
aud reducing his family TO want. And, 70 make
long story Short the who could had il not been
for the tyranny Of the law have borrowed money 10
meet his necessities at or ten per cent is com
PEELED to submit to shave Of from twenty-five 10
fifty per cent
Now, sir, where is the equality or the justice or
the Christianity, or the humanity Of such law as
thisG Where IS the good sense or sound policy in
saying that II offer my individual note with good
security TO II 10 the money lender he shall not re-
eeIYe more than SIX per cent; but if offer him the
note OF my neghbOr with equally IS good security
ne mas right TO charge anything that his RVarice
might exact or nay necessity compel me to give
] can see none.
Sir, lido not mean to charge, nor 90 I 50 wish to
be understO0 that ell note shaVers are necessarily
! Shyloeks, or unprincipled mem on the contrary,
many Of them are hlgh-minded aud honorable. But
such lnsldious distinctions in their favor and give
them privileges 50 much higher than the rest of
mankind.
Another argument in favor Of this bill is that the
present law Is wholly Intellectual and totally fails 10
carry out the object intended by its passage Sir,
VINO does not Know that any man who has no con-
scentous scruples in dsregarding the law of usurv
nov with perfect impunity gets eight ten. or a1v
other per cent, for his money which he may have a
mind 10 charge, or can find men willing 10 give
True the laws does give the defendant the right to
60 into court and have the usury taken of, but who
does 1t Who Gyalls himself Of the benefit Of such
relief! Public sentiment is against it. and whenever
you ind such case unless il be under most extra
ordinary circumstances, it meets with the unouali-
ned contempt and deepest indignation of the COM
munlty; and whoever pleads usury in court on his
own engagement is sure, in the eyes Of mankind
generally, TO bring noe only reproach upon his
own enarrcter Whie living, bat stain upon that Of
his children when he is IN his grave
The result is as | have stated, that every man
VINO IS Elhngto violate The law charges and receives
any rate Of interest he can get without the sligbta
let or hindranee from The law rs ONLY effeeI-its
only restraining influence in this particular is that
1t is bar 10 the man who has conscientious sorrIo
about violating the Laws OF the land.
Public sentiment which is above mere statptorv
law, says - pay what you contracted 70 paw; The
statute, says 70 the laW-abiding citizen take no
more than six per cent. for lending money Tbe
elect OF the whole is q complete discrimination in
favor Of the Sharks and Shy locks, against layabid
ing citizens out and out opposed To tbis
wholesale system Of distinctions and discriminstons
among our citizens, and believing that the blessings
Of government, like the deWs and rains Of Heaven
should fall equally and alike upon all favor this
bill because so far as 1t goes it gives an equal chance
alike 10 all Now, sir, am free 70 say that if the
law as 1t now stands could prevent every body from
receiving mers than six per cent l should be on
posed to changing it. But, sir, know that is inn
possible. And since men will get more than six Der
cent, am unwilling 10 make distinctions Sir We
are IN the habit Of hearing good deal said in this
Han about the capability and the right of the peonI
70 manage their own affairs in their own way
Well sir, subscribe most heartily to that seDfi
ment believe the people are capable Of making 1
their own contracts without being subjected TO The
guardianship Of this Legislature; and if gentlemen
are willing 10 pass any thing more than empty COM
phments upon the sovereign people, or the Door
people, or the " dear people, let them come up /
and support this bill which gives them the right to
manage their own domestic institutions in their own
way subject only 10 the Constitution Of the State OF
Tennessee.
table.
Mr. NEWBERN moved the recess.
Mr. BhALELION withdrew his motion:
The motion for recess was lost.
Mr. THOMPSON moved postpouemept till the srst
lay OF July The bill he believed 70 be desired bv his
constituents; but 1t was manifesty unconstitutional
and then again, there could be no good purpose
served IN passing this BILL since it was known that
ne Senate had already rejected one of similar pro-
visions. ~
The yeas and nays we're demanded and taken.
46, nays 23-as follow:
1eas-Messrs Anderson, Bate, Bayless, Benton.
5lckneli, Blackburn, Bradford, Brazelton, Caldwell
Jantrell, Carter Of Carter Carter OF Hardin, Cone
ana DAVE, Dobson, DodsOn, Dunlap, Cannon,
touaday, Grlhth, Hamilton, Harvey, Johnson King. |
Iackey, Lamb, Lloyd, Newman, Randolph RouIsto1 |
tenshaw, Richardson, Roberts, Rose, RoWles, st.
John, SehmittOu, Senter, Summers, Taylor, Thomp-
on, Williams, Wilson, White Of Hamilton, Wood I
nd Speaker DonelsOn-46.
Nays-Messrs Algee, Beale Bentley, Cooper.
davidson, Estes, Ewing, Fulton, Holmes ITie Ken
rick, Keeney, Low, Maris, Mickey, Newbern,
aunders, Shrewsbury, Smart, Stanton, StOyau |
White Of Knox, and Vaughn-23.
Mr. GOLLADAY explained that he voted afirma- ]
lively, believing the bill to be unconstitutional
Mr. BULLOCH, when his name was called. said |
shall vote against this postponement. have come
D the conclusion that we have the constitutional
over TO pass this bill into law As to the argu-
lent based on the eXigencies oft the tines we might
eet that By pOstponing its operation for twelve
Onth. believe that operation Of the bill would
reak up and ruin the business Of the shavers If
could have been excused from the Committee
should have been prepared to show gentlemen who
Ike the constitutional ground Of objection, that if
icy are right, and we cannot pass the bill there are
ore than $4,000 judgments Of our courts which
ust be regarded a nullity. If the argument is
stand upon uniformity Of vote, we must revise
e statutes in this regard. There is not uniformity
here stands upon the statute, grade Of per cent
ID grade Of l24 per cent. l hope, that, for the
neft of the people, the restriction to per cent?
i'll be taken of.
Mr. ROWLES said, he voted ave, believing that
e effect Of the bill would be TO increase the busi
ss and the profits Of the shavers
Mr. DAVIDSON explained and said /: 1 do not wish
continue the session Of this Legislature 50 long as
! the first day Of July, and therefore vote no.
So the bill was postponed.
Mr. NEWMAN, in order to get rid Of the subject,
wed reconsideration Of this vote
Mr. BEALE moved recess till two D. m which
IS agreed to and accordingly &
The House took a recess 4