Clarksville chronicle. (Clarksville, Tenn.) 1857-1865, 1859-05-27

.z-..s.s.
Innocent OF which authorises the arrest and i'm
prisonment Of any upon so iimgy pretoxt as
that Of mo apparent means Of subsistence Or
seeming neglect Of business-there must be strong
presumptiye proof Of actual criminaty or of an
intention to commit crime to authorize the nprison-
mcnt Of free citizen And if an innocent man
happen to be imprisoned it Is adding insult to in
jury 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 read
ing of il, but by the motion of Mr. Whitthorne to
strike il out Of the Code against which motion he \
voted.--see Senate Journal, page 1922 But let us
return to the law itself
SEc 17l3 No person of ill-ame, or suspicious
character shall remove himself from one county to
another in this State without first obtaining from
some Justice of the Peace of The county from which
he proposes to remove, certificate setting forth his
business and destination.
l7l4. If he desires to stay in any county between
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 a
certificate for that purpose setting forth the time Of
his permission:
IT'S. If he fail to obtain such permission, and
oiter in the County longer than ten DAYS or after
the expiration Of his permit, he may be apprehended
by dny person and carried before any Justice of the
Peace who shall inquire into his character and
business"
The penalty in this case, is ten days mprison-
ment unless the party can give security for his good
behavior and the Magistrate refusing to issue
warrant for the arrest of a suspicious character,
shall be punished by removal from office.
Whilst under the practical workings of this law
a poor man, no matter how honest, is at the mercy
: of his enemy who may find him unemployed, there
is a contradiction in its provisions and violation
of established rule of administrative justice that
should not be overlooked. In the first section given
above, man with 'no apparent means of subss-
tencc, or who saunters about neglecting his bust
ness is liable to arrest and Imprisonment, at his
own cost and the second makes it the duty of any
magistrate, due proof TO issue a warrant for that
purpose. Now look at section l7l3, as above and
it will be seen that no suspicious character shall
. leave the county in which he lives without getting
% a pass from magistrate, like negro going to his
- wites house. Suppose, then, a man goes to a
% Magistrate and says:-"Sir | suspicious
,
ty,' can the Magistrate give the pass, under this
=, law? Certainly not without breach of duty
The confession of the applicant is 'due proof that
he is a suspicious character" and instead of the
pass, it is the duty of the Magistrate to issue a war
: rant for his arrest and even if he could give the
- pass, upon what principle of law or justice an
offender against the laws be provided with permit
to ramble about safe from arrest2 If the man be
a criminal such permit is an outrage upon the
:. community; if not it is gross wrong to the in
dvidua who is forced TO demand it, But beside.
the degradation attendant upon such an application
:; for pass it is palpable violation OF that rule O.
-, law which requires that no snail be made {,
= cruiinato himself; and every one must do this VIII,
. applies for pass to 60 into another county A
. this period, ana in this free country this law is
foul blot upon the statute book and Dr. Menee
surely could not have examined its provisions, or hi
would not have voted against its repeal and for it
re-cnaCtmeut
n But look at another feature of this law and mari
o. its gross inconsistency, and grosser injustice If
" man in Montgomery obtain pass to go into David
in SON. and wants to stop in Robertson more than tel
OF days he must go to Magistrate of the latter count
and tell him that rs suspicious character hcwant
permit to stay there longer than ten days. Here
" again, the poor deyil-whose poverty may be hi
~ only crme-is placed between two fires. If tn
" Magistrate docs his duty, the applicant for the per
" init having confessed that he is "a suspicious chara
Nv ctcr must issue a warrant for his arrest and sent
- him TO Jail unless he give security for his goo
behavior. But if the poor devil escape this DANCE
by not applying for permit and should then sta
in Robertson more than ten days, che may he ap
TO- pretended by any person'-not by an officer wit
bo il due process but by anybody who may meet him
les and may wish to prosecute him. Want of spac
ne orhd5 Il fuller comment upon this ncarous law
NJ and we leave to the reader the investigation Of it
~ provisions.