Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1859-10-29

post of the citizens had been deprived Of this right
which had been granted by charter to few. That
bis was monopoly. At page 100 Of the Journal
{ the Convention will be found the following:
An, from the Committee on Private and /
.ocal Legislation, recommends the following adj |
ion TO the Constitution
The Legislature shall have no power to suspend |
my general law for the benefit of
isl OF indlviduals nor to pass any law for the ben
FIT of individuals inconsistent with the general law
Of the land to pass any law granting to any one
individual or individuals, rights, privileges mmuni-
ties. or exemptions, other than such as may be by
the same law extended to any member of the com
munity, who may be able to bring himself within
the provision of such law; Provided, always, the
Legislature shall have power to grant such
charters as they may deem expedient for the public
good"
A clause was stricken out declaring that it should
not apply to existing corporations being unneees-
ssry leaving it as above and it stands in the
Consultation.
The committee in the report, state that il is inn
possible to prohibit all local and private legislation,
without injury to the permanent interests of the
State, but declare that much of that description
They specify few instances. They say that SO
persons had beer authorized in two sessions to
hawk and peddle, and retail spirtuous liquors with
out license. These special privileges granted by the
suspension of general law would be prohibited
They declare that it would cut of the power to
make special grants Of letters of administration the
release of fines and orfeitures by special act and put
an end to applications authorize the suspension OF
laws declaring streams navigabe, and to authorize
the obstruction of such streams by fsh-traps and
roiIl-dams for the benefit of individuals They de-
clare that it was impossible and unnecessary to
state in advance all the in future legislation to
which it would apply They also declare that nu-
merous provisions were to be found in the COnstitu-
tuition which were intended to prevent assaults by
the Government on the rights of individuals. and
that it was also necessary to protect by proper pro
VISION the body polite against the rapacity of ind-
viduals.
These views of the committee Of the convention
are here put forth to show the general purport of
the provision under consideration to wit: the pro-
hibition of special privileges and exemptions by
special act and the establishment of equal rights by
the operation of general laws.
The proyiso to the seventh section did not give to
the Iegslature power whichit ddnotpossess before;
for the Legislature had exercised the power to Gre
ate corporations, from the formation of the consti
tuition in 1885, down to that period, and the exist
encs of that power had been affirmed by the Su-
preme Court of the United States and Of the State
of Tennessee. 1t was believed by the committee
that the enacting part of the seventh section would
deprive the Legislature of all power to create a
corporate body even for schools, towns, &C., &C.,
unless that power was limited by the proviso which
was appended to it. 1t was therefore appended to
the body of the section, with the purpose of retain
ing the power in the hands Of the Legislature, modi-
fed to certain extent by the enacting part of the
clause. How far is the power to create corpora
tons and invest them with privileges and exemptions
retained in the hands of the Legislature? According
to the construction whiehthis section has heretofore
received it has been considered that the whole of
the restriction made the power Of the Legislature
grants to individuals might be yetmade on grants to
corporate bodies 1t has been construed as if 1t meant
as follows The Legislature shall have no power to
suspend the gcnerallaw which declares Duck River
nsvigable in order by such suspension to authorize
JOIN JONES, JOIN THOMPSON and JOHN BRowN, to
erect mill dam and fish trap on that stream, but
that the Legislature having the power to create
| such charters of Incorporation as they may deem
sxpedien for the public good have the power to in
corpor ate the said JOIN JONES JOHN THOMPSON, and
JOIN BRowN, under the name of the Duck River mill
and Fish Trap Company, and thus authorize such
mill and fish company to obstruct that river for
their benefit.
So, according to this received construction, the
Legislature has power 10 pass any law authoris-
ing JOIN JONES, JOIN Brown, and JOHN THOMPSON, to
retail spurious liquors without complying with the
general laws operating all the other citizens of
the State in regard TO the retailing of such liquors,
Tut the Legislature may incorporate the afore said
JoHN JONES, JOIN BRowE and JOHN THOMSON, un-
der the name of Il The Tennessee Whisky Manufac-
turing and Retailing Company, and there by author
ise under cover Of a corporation created for the
plbhc good the same individuals to retail liquors.
without compliance with the laws operating the
other citizens of the State who may wish to engage
in the same business
So, according to the received construction of the
It'll section the Legislature has no power to pass
any law exempting the aforesaid John Jones black
smith, John Brown iron manufacturer, and John
Thompson cotton manufacturer, from Individual
Liabilities for the whole of their engagements fur
Their than for stock invested grants to the afore
said individuals by name and other rights, immuni-
ties privileges, exemptions except all the other
cotton manufacturers, iron manufacturers and
blacksmiths in the State granted the same
rights, privileges immunities and exemptions, who
may bring themselves within the provisions of the
law; but the Legislature has the power to incorpO
rate by special act the aforesaid John Jones' black
smith, John Thompson, iron manufacturer, and
John Brown, cotton manufacturer, and thus by
sharp practice" exempt John Jonss, John Brown
and John Thompson from liability for their debts,
and give them other exemptions, without giving all
the other blacksmiths, iron manufactures and cot
ton manufacturer the same exemptions and priVi-
legeS.
So, according to the received construction the Le
gslsture cannot exempt John Johnson, dealer in de-
postes exchanges, and issuer of notes, from the
payment of his liability, except to limited amount
unless all other dealers IN deposits, &C.. by the
act given similar advantages; but, the Legis-
lsture may, by special act incorporate John John
son, by the name of THE Bank of the Universe"
and thus exempt John Johnson from liabilities for
his engagements and enable him to convert the as
sets" of the Bank of the Universe into individual
property at any moment, without giving all the
other dealers in deposits and exchange the same
opportunities to defraud the public.
If this construction we're tho proper one, it would
make the proViso abrogste totally the enactng part
of the section, and enable the Legislature, under
of charters of incorporation, to grant to pdi
Viduals all the rights, privileges, and exemptions
which the 18th section was intended to prohibit.
Can that construction be correct, which enables
the Legislature to produce, in tho operation of its
general laws those very inequalities, those unjust
advantages which this constitutional provision
intended to correct! How far then does the proVi-
so in this section limit the enacting part?
The Supreme Cour of the United States say: at is
a general rule of law which has always prevailed
and which has almost become consecrated as maxim