Daily union and American. [volume] (Nashville, Tenn.) 1865-1866, 1866-11-08

I apprehend that these penalties have not
been impartially administed. The vio-
lent preiudices and high passions engendered
by the war have not so far subsidized as to Sc
cure from iuries, in many cases, that most
sacred right-an impartial verdict.
From information derived from numer-
Gus and reliable sources, and actual investi-
CATION, it appears that in some localities dis
charged Federal soldiers and coIored de-
PENDANTS have a poor showing, when once
arraigned before those against whom they
lately fought, or by whom they were claimed
as property. These classes and others
equally obnoxious, are convicted with alac-
rity, and generally sentenced to the maxi
mum punishment allowed by law. / feel
that l am warranted in the estimate, that
| twenty five per cent. of the convicts now in
! the State prison, are there on account of the
| color of their skin or their antecedents as
| Federal soldiers or active Unionists, or at
! least who would not have been there if they
/ had had different antecendents or a different
! color. lam panied to make this statement
seeing no adequate remedy. The courts
| can and should do much to prevent such
wrongs, and the Executive may occasionally
afford partial relief by the exercise of the
ardoning power But the trial by jury is
sacred constitutional right-with all its
faults, is probably the best form of trial that
can be devised Whether additional safe
guards can be thrown around this great in
stitution, and whether it may not be well to
enlarge the power Of the courts and to pre-
scribe the duties Of the Attorney Generals in
relation to the doubtful verdicts or excessive
punishments are questions submitted TO
your gravest consideration. To relieve the
State Treasury of the immense burden of
the costs of petty prosecutions, L recommend
that some of the milder classes of petit lar
ceny and other milder felonies, be reduced
TO misdemeanors, and triable under what is
termed;the "smallssssOfiense law" as is now
done by the ordinances of some of our
cities.
Resulting from the condition of things l
have mentioned, there are now pending in
the Executive Department abont seventy APP
plications for pardon. The greater part of
the applicants are discharged Federal SOL
diers or negroes, and there is great uniformi-
ty in their complaints. / have caused a
number of cases to be investigated, and
though averse to the exercise of the pardon
ing power, few have been set at liberty,
some Of whom were proved to be entirely
luuOCcll. DuL IL Is pOSSlDl6 lot the Elk
ecutive to investigate all these cases, in per-
son or through Others. Most of the petit
TONERS have no relatives, efficient friends or
counsel, and the result is that the merits Of
their cases are unascertained. l recommend
that committee of your own body, or of
enlightened citizens, be appointed to take
charge of the whole subject investigate
every case, and make reports for the gui-
dance of the Executive If the Legislature
shall adopt this suggestion, prompt action is
respectfully invited, as he will feel it his
duty to order such investigations, however
labOrious and unsatisfactory they may be.
HOSPITAL.
In 1929, an appropriation was made for
the establishment of State Hospital, at
Memphis, and Trustees were appointed, val
liable grounds purchased and buildings
erected. Appropriations have been since
made from time to time for its support. The
grounds are beautiful, and by the apprecia-
ton of real estate have become of immense
value. During the war, the property fell
first into the hands of the one belligerent and
then the other. Its restoration to the State
has been recently proposed by the military
authorities, but for the want of an apprOpri-
alton for its support, no action has been ia
ken upon the proposition. l recommend an
inquiry into the rights of the State in this
institution and for such action as its condi
ton may require.
In this connection, l invite your attention
to the fact that certain humane and enter
prising citizens of Knoxville, have under
taken by private donations to establish a
Medical Hospital in that city. Three valu-
able acres Of land, well watered and in a
desirable locality, within the corporate limits
of the city, have been donated by deed, and
as much as thirty-five hundred dollars 49,
500 in money has been contributed. The
parties are not able to complete their noble
enterprise in style worthy of its design.
The interests of the State, as well as of
humanity demand that it should not fail.
As the subject is worthy of your considera-
ton, and as that division of the State has
received comparatively but little from the
State in aid of public charities, l recommend
the appropriation of a sufficient sum-say
five or ten thousand dollars-either in money
or bonds, to the establishment Of the insti-
tuition contemplated.
BANK OF TENNESSEE.
1t may be necessary for you to look into
the management of the assets of the Bank of
Tennessee, now in process Of liquidation.
Complaints as to this management have
reached me, but whether they are well found
ed or not, have no means to determine
But | will mention one fact, that hear of
no suits being brought against those who
thoroughly pundered the Bank during the
war, though the plunderers and their sure
ties appear to be accessible by writs.
The act passed in February last, "to wind
up and settle the business of the Bank in
tho x,-nrl- Of ECtridofipv, 10 e. III
rectors, nominated by the Governor and con-
firmed by the Senate
The act further provides for an assign
ment Of the assets, with view to protect
the collection and distribution from vexa-
tious suits and costs.
The assignment having been made, de-
fects in the working of the law are mani
tested.
1t is left uncertain whether the Directors
have any further control over the assets after
the assignment, or whether by the assign
ment their powers and duties are not trans
feTred to the assignee. As clauses in the old
charter of the Bank of Tennessee, which are
unrepealed, prohibit the compensation, in
any form, of the Directors for services rem
dered doubts are entertained as to whether
the present Board can be paid as the law
stands for time and labor bestowed upon the
assets. They are really not Directors,
though so termed in the act, but commits
sioners or agents, not for ordinary banking
but for collection and settlement.
The law should be amended so as to pre-
scribe the duties and powers of the assignee
and the Directors, and so as to allow COM
pensation for such services as have been or
may hereafter be rendered by the Directors.
FAST rEs-N-r,SSEp p AITPoADl
When the military authorities turned
over the railroads of the State to their own
ers, the different railroad companies were
compelled to purchase largely Of the rolling
stock and supplies belonging TO the Govern
ment-their own having been captured dur
ing the war. Large debts were thus incur
red, some Of which are already pressing
upon the companies for payment Most of
these roads had large claims against the
United States, which they had a reasonable |
hope would be credited to them. But in
this they have been disappointed. As to
the East Tennessee and Virginia, and the
East Tennessee and Georgia Railroads, the
Government seems inclined to extend no
indulgence whatever. The President of the |
former company has been notified from |
Washington, that the Government would |
take possession Of his road about the present |
time and similar notice is expected as to |
the latter. Such a step will be a great mis- |