Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1861-01-24
REMARKS OF
MR.. BE n n E. T T,
OF SUMNER,
In the House of Representatives, January
ITIh, on his Bill for the Relief of the
People,

In the House of Representatives, January
I7Ih, on his Bill for the Relief of the
People.
Mr.. SPEAKER: When introduced this bill had Sc
rious doubts to its policy and constitutionaty but
upon investigation and reflection, am now satisfied
that the great financial panic prevailing throughout
the length and breadth of State requires and de-
mands it at our hands. and thatitis constitutional
am aware of the great responsibility resting upon
the supporters of the bill, and particularly upon
myself who introduced it for the TO become the
law of the land, for already portion of my imme-
date constituents Qor whom entertain the highest
respecD have petitiOned me not to support such =
measure, but must as the Representative of the
people of Sumner, obey the voice of the many pro-
vided tkat in doing so do not conflict with the oath
/ took when entered upon the duties as their Re-
preventative in this Hail. and here permit me to say,
however much my heart desires to relieve the dis
tress and save them from sacrifices and utter
ruin that must inevitably follow soon, unless
something is done by the Legislature to protect
the property of the debtor class, | would rot,
under any circumstance whatever, give any bill my
support or cast any vote that would conflict with
the original law of this State This is not asked or
expected of by any portion of the people,
but if a constitutional law can be passed that
will give relief and creditors be made to wait
until bountIful Providence pouIs upon us
his merces as heretofore bestowed, and We
can realize az full and rich harvest from the
incoming crop why then, will, | most gladly give
such measure my cordial support, and such IS ex-
pected and demanded of us the peoples representa-
tVes and the potent voice of the people comes to
from all classes and sections in this State to
act such law, and woe to the member that will
not heed that voice in this their hour of trisl-at
such crisis both political ard financial; at a time
when great revolution is on hand; at time when
all patriots of every grade and country absorb
ed in regard to The destiny of this great Republic;
when the Southern part of the Confederacy des-
perately engaged to secure for themselves their
cred and constitutional rights, thought to have been
secured to them by the fathers of this great coun
try. Irepeat, woe be to the members this floor,
unless they come forward and meet etfectually the
demands Of the peOplean1 at such time. This mea-
sure, as believe, is demanded by the mOmentous
crisis well as the people of the State, bat as re-
marked at the outset that there was responsibility
incurred by passing this bill into law, mean that
he larger portion perhaps of the rich and wealthy
class Of our constituents will oppose this law, and
their influence and displeasure will be incurred by
its advocates. And you who give this measure
your support, and who desire TO continue in public
life must encounter this influence at another cleo
ton. Still believe that when you appear in your
rural districts and discuss the merits and claims of
the measure before the people, and Inscribe UPON
your banner the principles of humanity, mercy and
justice, your efforts will be crowned with glori-
GUS success, As to my humble self, they will not
alarm me, for know want no political promotion,
and will be satisfied to retire from political life but
sir the path of duty is plain to me, if incur
llle AuaIlhlnaS OF Inc more ana wealthy
portion of my constituents and by doing so relieve
the poor and oppressed citizen of the State sustain
him for while, prevent his loe and little from
peitsTy ran and lgGnt. until the smiles of Heaven
shal! beam upon our beloved State again, and our
cribs and barnes shall be filed and enriched by
glorious yield under the refreshing showers Of
Divine Providence and our people dig out
of the earth a suficiency to discharge their liza
bilities. | will be amply repaid for
all the anathcmas that may receive for aiding in
Aha cfo o,,I
work gratifying to Ivy feelings when l remember
my legislative career. Still, Mr.. Speaker, know
that creditors have rights, and we must, while we
are attempting to relieve the debtor class not forget
the creditor; he must be protected, and we should
with Jealous and scrutinising eye look to his inter-
est and his rights, and if should enact that he
must wait hold of for time, we should see that
he sustains no loss in consequence of our action In
the exercise of the law-makng power. This will be
our high duty, and tosthe discharge of this duty
will not swerye nor be misled by any sympathy in
my nature for the oppressed of my countrymen.-
Upon an interchange of views with members upon
this floor, have ascertaned that their feeling and
opinions upon this sub ect agree with my own and
the on difficulty in the passage of the bill is ifs
stltutionality. If constitutional they willing to
give 1t hearty support, and to this branch Of the
subject L ask for a hearing but short period of
time.
1t is urged that this bill Is unconstitutional and
more especially the third section, which requires
court or judge from whence issued, land requiring
the defendant to give good security in the nature OF
q confessed judgment for the amount of the debt
and COST" ard when done the lien upon the proper
ty levied shall continue, and the stay of execu-
ton shall be made for SIX months, after which the
property levied on may be sold for the satisfaction
of the debt, and execution may likewise issue
against the parties. l differ gentlemen, as to
the constitutionality of this bill
The Legislature may exercise all powers which
have not been delegated, the exercise of which
ig not prohibited in the BILL of Rights or Constu
ton" Our bill o. rights Or9GiBs that no retro
spectve law or laws impairing the obligation of
contracts shall be made" Our Supreme Court has
determined in the case of Townsend rs. Townsend
(Peck's Reports, page 2,) that this sectien-both
clauses being taken tOgether-means that no retro
spective law, which impairs the obligations of
tracts, shall be made.
Hence it is that this provision does not extend to
q law for eXtenuation or mitigation of offences,
"the reversill of penalties" to make proper evil
dence which not before the contract 10 suspend
the operation of the statute of limitations in times
of war and other causes operating the Legislature
The Legislature from time to time have extended
the laws for the registration of previous deeds and
declared them effectual. They have passed divorce
laws, giving new causes for annullng the marriage
contract after it was made. Have passed from time
time statutes of Imitation closing the courts
against giving any remedy or enforcing the contract
after given time. Our courts in all these cases
have declared such laws to DO constitutional !
All these and many other classes of acts establish
the position that there are some and indeed many |
cases. in which retrospective laws may be made. |
In short, many the past transactions upon !
which the public good requires legislation, gov
can preserve order, suppress wrong, pro- |
tcct its citizens, and promote the public welfare |
without the power to make Retrospective laws. lis
not whitfield from any of the State governments, |
unless the clause above referred to in the bill of
rights be an exception The genius of a free |
government demand its exercise on all fit |
and proper occasions and never did time |
exist in the history of Tennessee that so imperi-
lusly demands its exercise. How the gese-
raj welfare be promoted without its exercise? The
rade and commerce of the country parayzed. the
general derreciatiOn in all kinds of property and if
ne present ideb.edness be forced on the country,
md this property be brought Immediately under the
Ificers hammer, the debtor class Will be overwhelm-
d into vortex of ruin, and tue creditor will not
De benefited. In fact We pursue by doing so, the
lebtor to the wall. making him insOvent by forced
ales, and the greater portion of the creditors de-
hands unsatsfied. All the provisions of this bill
merely operate on the remedy, and does not affect
" impair the obligation Of the contract
This bill proposes general law operating on all
he citizens equally, and in the same way. This
ill does not say that the debts shall not be paid
{ does not require it to be paid in property in
nything else, but what is legal tender; it merely
perates on the remedy, and gives the creditor ad
onal security that the debt shall be paid whenever
he citizen shall avail himself of this act This is
s principle; the citizen comes to the Government or
ne of its coordinate branches, the judiciary, and
avs have debt due me by contract, against another
itizen, cannot collect it, | ask the Government as
he of its citizens, to aid me and give me remedy
y which / can collect my debt. That Government,
Y geneRepal law replies to the citizen: We will
i've yen aid and remedy. But that remedy mus
a lust and reasonable one, considering the sur
oundig circumstance and the state and condition
4 -