Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1859-11-18

rirsiuia, Tsnnsss &c sid North Carolina Kailroad
Company.
CORPORATE limits of DscAturviile in Decatur csuaty
By Sir. RICHARDSON, 2s6, 10 define the duties
IF entry takers ssush and vest Of the Cengrsssonsi
iae, aud for Other purposes
By air. HARRIS, 297, to amend sections 60I and
5e8 & fthe Gods of Tennessee.
81 Mr. Il AREas, 2ss, 10 amend section GAS of
Tue Nj ase. to repeal ssotioas a
and iehanter 1871 passed 18Th Of January, 1853
Bv Mr. McCABE, 500 Tor the relief Of persons
holding notes On the exSaangs OAnks OF Isnnesses'
TENNESSEE ZION COMPANY.
The SPEAKER stated the special order to be the
eonsideratitn of Senstor MINIS bill rs 6 to 10
renhessee lion Company the question
hs;po unop Mr.. Williams Of Hicknsus amendment
~ NJ White Of Daviisoh's amendment which
an lien Of tae Committee on Interpretations
ameEd:asnt.
eropded further, That before the bill shall take
eFset IL shall pass in Q similar msn6er.
MIR. White Of DavidsOn's amendment, in lieu Of
the Commitlees is as follows; - = - -
pror,dsd That this act shall bs altered, amended /
or raneaed by the Legislature as provided for the /
emenaneut of the Constitution in Arlicle Xl, Sec I
ton 81, Of the Constitution.
-~The Commi,lee's amendment is as follows:
Propidsd further, That nothing herein contained
shall be SO construed as to exempt the said ineor-
nnst Irs their associates or successors firm such
iahiiity or liabilities as attach or may hereafter
attach 10 lem general partners, by reason OF
/ Inc ,ammop law or the law of the land provided
further That the power TO- alter, suend or repeal
his act, is hereby expressly reserved BY the Legs
! @ uIe. 80,
4 NJ. WILLIAMS OF IL ckman, pelhg enIl'leu -
the floor, said
Mr.. Speaker J. is perhaps vanity for me to rrs-
sumo to address the House Nv, since this subject
has underW emit such thorough investigation by the
ah,e gentlemen who addressed the House some days
ago. should not trespass upon the time and pa
/ tieI Of the House, but would have remained silent
and eff scted the will Of my constituents BY vote
but fear if few positions assumed by my friends
on the left not replied 70, il would seem that we
who favor these amendment scquissced IN their cor
recnefs. The constitution c0nfeer upon the Legis-
lature the DO yer TO grant such charters CT incor
poraticn rs may be for the public gOGd, and none
1lher This is the constitutional provision upon
which all tbs private legislation on our statutes is
ba ed 80,
friend from Williamson, for / am not advocating
This as a political issue; advocate 1t as measure
Of great public policy; and one tnat al parties
might advocate. My friend from Msnry kMr.
Gaotl remarked the other day, that IN the name o.
liberty liberty had been destroyed upon which
NV friend from Williamson drew parallel and ex-
csimed in exultaut tones, that in the name Of the
constitution, the Democratic party had destroyed
constitutions" / know Of no constitution the
Democratic party has destroyed unless 1t De the con
sti,ution of the American party; L must confess
sir, the Democratic party had something to do with
DESTROYING the constitution of that order But TO car
n out the metaphor let ask, what has been done
in The name Of the "pu6lic good!' Chartered
monopolies pressing upon the prosperity oil
your State and your Peeple-the toiiing Million are
iaboring Only that they may reap the fruits OF his
il! all this is DONE are telj, for the public
7 g,od The Bank Of East Tennessee was incorpOrs-
} ted for the "pu5iic good" wss the Central
, Bank; so was the Cit zens' Bank; so was the Ex-
change Bank. The "public good" was the PreteXt
E for inc rporaiing those Institutions e'--
But raw friend from Wilson MIR. Martini an
n n,opeed 10 us the other day, that making iron
. was for the public good" That Is true, sir; bu'
~-auting m pnopoies fJr that purpose is quite dit
"a rent aft r Making cot en- is for the public good
too, but who is silly enough to ask charter toI
that purpose selling goods Is FIR the public good
. too bu' who warts charter to sell goods
u have been unable to see, in all the arguments
on this question, what public necessity there IS &C
e incorporate this Iron Company can't sea how Il
4 will give them any more fsc,iiiies to MAKE iron
K Win It make them any better iron or any more o.
it? Il is not pretended that 1t viii. Wen, Wner'
e is it to the public goodT
g But nv friend from Hamilton (lIr Trewhitt) in
: forms us that it would be despotc power for tbi
l. Legislature to offer TO restrict, by the amendments
e proposed, the charter Of this company How sadl!
he mistakes the true state Of the affair II IS onl.
e enabling the people to rescue themselves from tn
despotism of chartered mOnopolies special priv
IT eges it is saying to the arrogant and naughty mo
g popost Hthus far shalt thou 90, but no farther.
+ What is this repeal charter which we wish to en-
e graft upon the bill? 1t is saying to these incorpo
1t rated monopoles, whose encroaching spirit hang
like an incubus on the body polite unless you des
; fairly with the people &c. snail cease to exist
simply allowing the public voice to say Whethe
t. these licensed Institutions for the public gov
l. or not.
E, Now, sir if this or any other incorporate pOwe
should cease be for the public good ought IT nc
1T 10 be repealed The constitution gives the legIsa
ture power only TO Incorporate them for The publ
good if they should prove to be to the public barr
10 ouzbt they not public nuisance to be abated
N Il seems 10 me that sound logic dictates the Wisdor
Of Of that policy.
But il is said that it is dan gerous to give the
peal power to the legislsture-that they will abus
y it Now, sir, is exceedingly strange We can leg
re isate upon your life, liberty, and your property
ID and all that is yours-We can take either from 20
but you are told that you cannot touch with leg
ar islstive hand these incorporated monopoLes WhS
e. has saueii6ed them, sir, and put them above 70
RS and your rights and interest," aud above the legsls
tive arm? But, sir, this is no new theory retsinin
er the legislature the power to annul or repeal W
>; find il engrafted the constitutions Of sixtee
M States of the Union, including the great iron at
manufacturing States of Pennsylvania, New Yoi
~ and Ohio In these States the poop had bs3om
OF Jealous of the encroachiog spirit Of these charere
IN aristocraccs and put them uader legislative COL
troll through their organic But my friend frcI
n Hamilton the other day challenged the gentlema
a from Maury, or any body else, u show where TIN
repeal power was reserved to the legislature in It
younger States where the internal resources OF ia
st late lad not been developed. He is again in ia
n tai deusion for his argument, for Indiana ha- to
repeal power in her constitution reserved to The leg
eft isative depArment-Illinois has Missouri has
Michigan has it-Texas has it-IoWs has it
IL California has itand lastly, the two infant State
al of Minnesota and Oregon nave it. And so carefu
OF have they been guard the people from the powe
Of INCORPORATED companies, that eight of them bav
e. the individual liability engratted on their clDstu
tons Now sir il these Institutions can houris
n in the great manufacturing States, with these re
lie srioiions why can't they flourish Ia Tennessee?
Ill Now sir is 1t not only an imaginary danger, ths
gentlemen conceive in leaving the repeal pOwe
With the Legislature Are you afraid that Legs
ture sworn to legsate for the public good will des
10Y an institution that the public good requires 1
stand? If gentlemen will reeOlect this repeal P2We
te has been etlined in more than one lnsance Ha'
they ever reps ed the act porating the Bank
Tennessee? Yetthey have had the power all the TIME
d. Nor have they repealed the charter OF the Bank
On Shebyvie the power TO do which Is expressly r'
served 10 the Legislature. Now sir, q sumo TINS
nd if the corporation continues to be for the publ
TX good the Legislature will disturb it, but if
81 ceases to be of public benefit, the Legislature ougE
to repeal it.
u Toe next objection urged to the amendment {
81 the Committee 49, that IL makes the company haO
ly as general partners, in other words makes theI
i'd individually liable for the debts and contracts
al the company.
e. What is individual liability? 1t is saying to th'
old man whose brow is wrinkled with toll, you
d rights shall be protected under the laws Of yOu
to oounlry-it is saying to his wife and little bat
IS. who sleeps on his humble couch-sleep quiel
tie there the laws of your country throw their pre-
.. tecting mantle over you, the State OF Tennessee
STANDS between you and these licensed sristocracle
er to protect you from their encrOaching spirit
if Now sir, il this company intend to act honestly
az they cam It object being individually pespons
he ble if they do act honestly it cannot do them az
n, hsrm-it is only requiring each one Of the stocl
be holders 10 endorse for the company they belong
Ii If the mpsny intend by fraud OF coluslon
W ewind the community, then l can see very W
lg WHY they wi ii to shield themselves from resPons
ii billy. Without this clause they can contract debt
81 10 any amount; they make profits and put th
same into their individual pockes. buy properl
ry with it, and yet if the corporation fails or refuses
he nav you can't hold that property, which was mad
n for them by your labor, responsible to you. Ju