Clarksville chronicle. (Clarksville, Tenn.) 1857-1865, 1859-06-24
( GAINESVILLE, TENN, FRIDAY. JUNE a. 1859.

cence is established; and under this rule,
and these provisions, an inoffensive man
may be imprisoned on the oath of an en-
emy, and only set at liberty at the expira-
ton of five days, provided 'nothing Grim
inal appear against him, and provided he
paysthe costs incurred by the wrong Of
which he is the victim. Suoh tyranny may
doin the latitude Of Russia, butin this land
of freedom public sentiment will tolerate
no law which so completely clothes the
wicked with power to wrong the innocent,
or which authorizes the arrest and impris-
onment of any one upon so flimsy pre-
text as that of "no apparent means of sub
sistence," or seeming neglect of business
there must be strong presumptive proof of
actual criminalty, or the intention to com
nit crime, to authorize the Imprisonment
of free citizen. And if an innocent man
happened to be imprisoned, it is adding
insult to injury to make him pay the costs
of proceeding by which he is the sufferer
The attention of Dr. Menees was called to
this law, not only by the reading of it, but
by the motion of Mr.. Whitthorne to strike
it outWf the Code, against which motion
he voted. See Senate Journal, page 322
But let us return to the law itself:
"SEc. 1913. No person of i'll fame or suspicious
character shall remove himself from one county to
to another in this State without first obtaining from
Justice of the Peace of the county from which
ehe proposes to remove, certificate setting forth his
business and destination,
'l7l4. If he desires to stay in any county be-
tween the place of his departure and destination
longer than ten days, he shall first apply to some
Justice of the Peace of such county for leave, and
obtain certificate for that purpose, setting forth
the time of his permission
'I7l5. If he fail to obtain such permission, and
loiter in the county longer than ten days after
the expiration of his permit, he may be apprehend-
ed by any person, and carried before any justice of
the peace who shall inquire into his character and
4 business" % N
The penalty in this case is ten days i'm
prisonment, unless the party can give Sc
curity for his good behavior, and the mag
istrate refusing to issue warrant for the
arrest of suspicious character, shall be
punished by removal from Office.
Whilst, under the practical workings of
this law, a poor man, no matter how hon
est, is at the mercy of his enemy who may
find him unemployed, there is a contradic-
ton in its provisions, and violation of an
established rule of administrative Justice
that should netb be overlooked, In the first
section given above, man with ''no appa-
rent means of subsistence, or who saunters
about, neglecting his business, is liable to
arrest and Imprisonment, at his own cost,
and the second makes it the duty of any
magistrate, on due proof, to issue warrant
for that purpose. Now look at section
I1713 as above, and it will be seen that no
suspicious character shall leave the county
in which he lives without getting pass
from a magistrate, like negro going to his
wife's house. Suppose, then, man goes
to magistrate, and says: "Sir, am sus-
picious character, and want a pass to go
into another county" can the magistrate
give the pass under this law? Certainly
not, without a breach of duty. The con
fession of the applicant is "due proof"
that he is suspicious character," and,
instead of the pass, it is the duty of the
magistrate to issue warrant for his ar
rest and even if he could give the pass
upon what principle of law or justice can
= an offender against the laws be provided
q with a permit to ramble about safe from
f arrest? If the man be criminal, such {
! permit is an outrage upon the community
if not it is a gross wrong to the individual
II who is forced to demand it. But, beside,
d the degradation attended upon such an ap
2 plication for pass, it is a palpable viola
d ton of that rule of law which requires tina
o no man shall be required to criminate him
a self; and every one must do this who ap
plies for pass to go into another county
At this period, and in this free country
this law is foul blot upon the statute
= book, and DR.. Menees surely could no
have examined its provisions, or he woulC
not have voted against its repeal, and fo
o its re enactment. .
But look at another feature of this law
4 ndmark It's gross Inconsistency and grosse1
Y injustice If man in Montgomery OBJ
tain pass to go into Davidson, and want
to stop in Robertson more than ten days
@ he must 90 to magistrate of the latte
i county and tell him that, as a suspicior
T. character, he wants "A permit to stay ther
q longer than ten days Here, again, tn
poor devil, whose poverty may be his onl
,r crime, is placed between two fires. If tn
" magistrate does his duty, the applicant 70