Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1858-01-12

! Mt 1nONFSON made speech setting forth the
1 merits of the bill
Mr. COOPER aud Mr. BULLOCK opposed. with
arguments heretofore reported, that il would mposs
Ia heavy tax on The Treasury and place the TrcasU-
ry At the mercy Of the judgment Of one man the
3 Judge.
Nix SIANIoN Mr. Speaker: There is scarce.
Is q bin before this House which has higher merits
: thsT the one now under consideration Il have al
ways considered il al eitrage upoo iusiica that an
ElaRoceh eluzen, whose character may have beengo
/ tmnciosreSlrded as 10 be Indicted Tor an offence.
winch he has not committed-Rfler having b.ep
pul 10 the necessity OF indicating his character
thus wrongly assaulted 20 be taxed with the costs Of
such indictment, thus adding 20 the damage which
I he may already have sustained by the embarrass-
I7aegts of inSults AMI ndiguities, well az from
defamation and undue usinlati0ns againsc his per-
soBal character, -fili another item Of dana gc 70
wit: bills OF costs created by the imprUde1ce Of
Attorneys General or the envy or malice Of corrupt
/ and 7pitetul enemies, denCmu8ted prosecutors.
The stale OF Tennessee has Instituted torheys
| General, and invested Them with wide and inds-
l cumluata range OE-aU h0rtl0s allowing tien 60
prey upon the characters Of the best citizens Of the
I country, upon mere suspicious of he slightest de-
| gree % Implications aud it Is claimed thar this Is
iiad OF vigilance necessary to protect the morality
and property of the whole community or aSfaia
Then L THIS is all Justlhable upon considerations
pertaining to the interest of the State whv not
he STATE pay the costs incident therefor Nty ia
pose The cost upon the innocent man WAC Ia been
subjected TO the trouble and loss Of time TO Nindil
| cate himself Nov, 70 Is light that QuTtV men.
/ should ltF TOE cost "hen i0Und guilty, but when
men are declared innocent by the jury, they ihoula
ue. be taxed with the cost. Suppose YOU Nc T. ia
dje,sdby EriaIHg worthless enemy, ami af Ter an
Investigation OF your cause and your iunocelace is
esrabdsHed, what indemnity have you for, ur in
Juled reputauou-tOr The Insut-lOFathea dbar-
rsssmenJ Of the feelings OF your tamily-fo1. the
TINE You have LOST ri court, and other actsslr- and
llc3euta expenses. You can onlyeue the prose ,gl-
or tor damage, and he is worth nothiuc-youtcau't
/ sue TIC State for the damage, although the State
has backed The prosecutor and Attorney General in
! FT2secaSIgyou. Then your damage cannot be re
HEreJ, aud the State, al,er having been instrument
t 10 great extent, IN damaging you. even sci Gems
herself from the bill Of costs watch she has iust-
/ gated and leaves you to still another item Of dam
age believe that she-Ousht- 70 pQY the cost mail
cases where she OF Aer 8geHts are the scgresars If
/ we permit Attorneys General TO assault a. e re-
/ .iotaticus Of honest men upon mere suspicion
apon slight concurrence OF circumstance very
/ often upoh sianderods reb5its all Upon the policy
/ nat the morals Of the COMMUNICATIVE rights d the
! respective citizens Of the State are thereby pro-
tected, undouhte ly the State should pay The cost
t0r such vigilance. It is enough for tAe inndcent |
defendant That he is required TO submit TO the in
SeStIgauOns; which tend materially 10 The viola
lion oi the sacred right Of sefpToection-ofi the |
sancutles Of private chaTaCteT-Ot that most ya.u-
able constituent Of wealth, personal repUtlt ion.
u lsargUedby the gentleman from Maids D, tAr. |
Duloelj that defendant might by ahdavit, con
inue his cause from court to count, until the cost
w1uld amount 10 enormous bill and tha' it would /
be OuerousupOu the State pay such a large bill,
"a might be thus created; but the gentleman for.
gets that the prosecutor is found continuing the
cause by affidavit from term to term, and thus aug
meREs The bill Ofeust to enormous stze (which Is
10 be hlUdated by the defendant, however innocent
be may be. Thea the question is, which is the /
lbest TO pay these enormous bills of c0st-the in
dIyidUal or thr whole Stae9 And If thedeleudant IS
| innocent which ought 70 pay 1.-THE man who he
court has decl5rsd has done nothing wroug-orIthe
| State which has done wrong ia prosecuting him
Sir, atrer you have indicted a man and arraiRed
aim tor crme-atter you have LAID lns rude hand Of
Impeachment upon lis charaCtgT-sfec you have
Iusalted the dignes Of his position society, and
an l-the spheres Of hle-attcr you j ave a7aied
yourself Of public place hurl your destinations
and foul impltatiOps against his cbgraCter--after
you have embarrassed his family with unpleasant
suspense and subjected him 20 expense ana los Of
ME- II ne finally sustains himself Against your
sllnderQus charges and burls back your infamous
accusations by vindicatng his reputation, think
The State should've glajto compromise the egTeGjDus
wrong she has committed, by paying the cost OF the
suit, anu et iLe defendant 60 without any fur. her
incumbrsncC. ! am decidedly for the bill, antelope
llGL IL will pass, .-.l..
Er GOLLADAY supported the bill at some length.
upon The principle, that the disparagements and
tmbarIassuleRs 0ftria WerseB0ugh for the acquitted
dsiandlnt to endure-and they gave cases Of hard
ship HGdeT The existing laws urging slsothe general
rate Of common lUw that the defeated parry alafF
pay costs
3fr BULLOCK. It was rare case for a man
purely iHno5suu to geriuUo the hands ofthe criminal
law.
Mr. GOLLADY refoinod -.5.
Mr. BULLOCK demanded the yeas Md nays, and
The same being orJlred and taken Iesultod-ycas
Ieu-Nessrs. Bealei Bentley, Benton, Erazcton,
Eg.gcl, Cooper, Copeland. Davidson, DaYie, D0bson,
Dunlap, Ewing, Cannon, Griffith, Hamilton, UaIney,
Lyie, Johnson, Eeudrick LacEey, Law, Mickey,
HCu.stou, Richardson, Roberts, Rose, EsUles, ST
Jim, Shrewsbury, Summers, Turner OF Rome,
Turner Of Simmer, Wilson, White Of Knox, WOOD,
md Sir Speaker D0acl5on-3G. r...
AgEg-3Iessrs. Agee, Anderson Bayiess, BeELeI.
Blackburn Caldwell, Carter Of Garter, Carter, OF
Hardin, Estes, Frazer, Fulton, GoIladay, Homes,
ussney. Lamb, Lloyd, Newman, Randolph. Saunders;
1t-lltou' Senter, Stanton, slova-, thompson
and Hlllams-ZJ. ......
sotle bin was Indefinitely postponed
CAv7nEEL coTSTr.
The Seuste bin .3H to change he line between /
he counties Of Campbell and Scott was next coasid-
sir BRADFORD and Dir POLK made statements,
nrimaiug and going TO show that the object Of the
BILLS to change the political complexion o. Camp
ben. 10
So the bin was passed over.
sHERrErs AND JURORS.
The Senate bill (88) TO allow sheriTs AID jurors
pay tor services in certain cases, was next consider
ed. passed the second reading and
ON motion by Mr. STOYALL referred to the Com q
a..sse on the Judiciary. S
LIMA AMI. CHATTANOOGA CONT INES.
The Senate buI1G5) to amend the charters Of the :,
Ela Mining AMI Manufacturing Company and the G.
,ua.au Og-a Packing and MilIngCompaDy, was
mex considered on the second reading, and rejected
Mr. FRAZER novel reconsideration, which was
adopted, and then the biIlwas passed over --.
RAILROAD TAX COLLECTOR =. h
Mr. EEWNAN asked and obtained leave to report
from he Committee on Internal Improvement the y
Senate bill ISL to them referred this day, with GER
tain verbal appointments. .-.. .- ..'- g.
LAW REBORN. .. q
On motion Of Air THOMPSON, it was ordered,
hat the Law Reform bill be made the special order !
for Tuesday next, at II o'clock in the forenoon h
.OR motion by Mr. WILSON, the House new.took o.
up the consideration of the joint resolution Of the
Senate ia relation to The Report Of the Agricultural
3ureas-t0 print 1900 copies. ...-
Mr. WILSON. The object Of early action was,
hat the report might be printed during the present
ession Of the General Assembly
The j0Int resolution was adopted.
.r.. CLIFTON MASONIC ACADEMY.
Mr. KENDRICK made an Intellectual molten to
axe W, Of order, the ball [520l to incorporate
he Clifton Masonic Academy. K
-.-. FEE BILL. '
The Senate bin r2Ol ameudstOTy Of The fee BILL ~
vas next considered and passed The first reading. n
LINCOLN AND BEDFORD
The Senate bill T4OI TO incorporate portion Of
lincoln aud the citizens thereof into the county Of
bedford, was next considered on first reading.
Mr. COOPER moved indefinite postP0Remelt, but
-ithdrew the motion; and then
The bill passed the first reading. sf
After Intellectual motion to adjourn til Non Co.
ny. decided by yeas :, nays 56-- ..... .r... ST.
The House took recess till O clock 2. VI. 80