Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1870-01-21

| CA VI MI. L VI HAYWOOD,
the amendment was laid on the table, and
the section was adopted as reported with
out amendment.
Sec. 20. That no retrospective law or
law impairing the obligations of contracts
shall be made.
Mr.. Davenport proposed to insert the
word 'other" after the word or. The
Supreme Court has decided that retro
| spectlve laws can be made as well as 9TH
er laws, provided they do not invade con-
tracts. The word 'fother' makes it more
explicit
Mr.. Heiskell-I have had occasion to
review decisions on the subject the gen.
tleman speaks of and find that some
hold the doctrine as stated, and others are
against it. 1t seems to me that it is
very delicate question, and that we are
not in a condition to settle it permanently,
and had better let 1t go over. / am salts
fed that, upon examination, it will prove
one of the most yexed questions in the
laws of Tennessee, whether as to pure
construction of the clause in the Consti-
tuition or not There are buttWo decisions
for the doctrine intimated by the gentle
man, and very numerous decisions entire
ly inconsistent with it. There are nu-
| merous decisions in Tennessee in connec-
ton with vested rights that can be based
upon no other conclusion but the passage
of retrospective laws; and if we pass
| that amendment we leave no basis for
these decisions, unless we can authorize
/ the Judiciary to declare a law inconsistent
with natural law, and therefore void.
/ MIR. Brown, of Davidson-Suppose it
| should read: No retrospective law, or
law impairing the obligations of cred
| itors. " Then we would get the definition.
Mr.. Heiskell-The words cor law i'm
| pairing the obligations of contracts" are
merely explanatory. | repeat that there
is large class of decisions in this State
which are supported by no other clause in
the Constitution but that forbidding retro
spective laws. | think that we had better
leave this for the courts to settle hereaf-
ter, rather than to leave an important class
of decisions without any foundation
whatever. If had but very short time
l could refer the house to these decisions.
and they would see that il is important
that they should not be left entirely unsup-
ported by anything in the Constitution of
the State. For that reason l think it is
better not to interfere with these words as
they now stand in the Constitution
The amendment was rejected, and the
resolution adopted as reported.
Sec 81 That no mans particular
services shall be demanded, or property
taken, or applied to public use, without
the consent of misrepresentation, or with
out Just compensation being made there
for
Mr.. Gibson proposed 70 insert in the
second line after the word compensation,
the words 'in money" The amend
ment was rejected and the section adopted
as reported.
The following sections except the 25th, |
were then read and adopted:
Sec. p. That perpetuities and monopo- |
lies are contrary to the genius of free |
State, and shall not be allowed.
Sec. %. That the citizens have d right |
in peaceable manner to assemble to- |
gether for their common good, to instruct |
their representatives, and to apply TO |
those invested with the powers of govern
ment for redress of grievances, or other /
proper purposes, by address or remOn-
STRANGE.
Tense of free people is a well-regulated
militia; and, as standing armies in time
of peace are dangerous TO freedom, they
ought 70 be avoided as far as the circum-
stances and safety of the community will
admit; and that in all cases the military
shall be kept in strict subordination to. the
civil authority.
Sec. %. That no citizen Of this State,
except such as are employed in the army
of the United States, or militia in actual
service, shall be subjected TO punishment
under the martial law.
Mr. Heiskell called the attention of tn
House to that particular clause in the sece
ton reported, from the Commttiee-the
last words, ''martial law" Perhaps when
the Constitution was adopted these words
were not used in the sense which seems
to have been attached to them since.
Perhaps those who framed the general |
Constitution or those from whom this
clause was deried, had not the definite
idea that martial law the will of the COM
mander in time of war. But martial law
has come to be understood as the entire alb
sence of all law. The utter responsibility
on the part of the military officer usurping
those powers of government, never con-
ferred on any man or set of men. Martial
law is a thing which ought to have no
cOuntenance in the Constitution of the
State of Tennessee, or in any other
State, lest by possibility it might give
color of authority to tyrannical usurpatiOn.
l propose to strike out the word mar
tial' in the section and substitute ''mili-
tary" law, and then propose in addition
to make an explicit declaration in the
Constitution that this thing of martial law in
the sense understood in recent times,
and as it has been imposed upon the peO-
pie of Tennessee, is utterly abhOrrent
TO the sense of free people.
Insert this as an additional paragraph.
That martial law in the sense of unre-
stricted power of the military officers or
others to dispose of the persons and prop
erty of citizens, is inconsistent with the
principles of free government, and is not
conceded to any department of the gov
eminent of this State. The military law
shall be defined by the Legislature, and
shall not exist by implication.
Mr.. Baxter thought martial the bet
ter word of the two
Mr.. Heiskell-The gentleman will pJtr-
ceive that define military law, and de
clare that no military law shall exist by
implication. l avoid the offensive term
and define the terms of this section.
Mr.. Jones, of Lincoln, could not com
prehend how this negative proposition of
the gentleman from Shelby would effect |
the object desired. What is martial law /
Can we subject it to the civil authority |
where it exists, and an army is in the
country, and General in command! He |
declares martial law, which is binding. 1t |
is the setting aside of all civil authority, |
and his will, for the time, is law, and he,
having the army, has the power to en-
force it. To be sure, when peace is re-
stored, if l have control of the officer l |
may call him to an account for it. But,
as l understand the military law, il is IN
controlled by any written law
Mr. Stephens desired to make distinc-
ton question as between the meaning of |
these words. Martial law means the absence
of all law. The word law ought not to |
be connected with it. In time of war,
when the law is silent, it is the suspension
of all law from public necessity; all |
within the command are subject to the |
military power But military law is just |
as well defined as written law-as the |
Code of Tennessee. The Code defines |
crime and the mode of reaching it and |
administering punishment. Therefore the |