Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1870-02-20


in the chair. The minutes were read an
| corrected
TRIAL BY JURY.
Mr.. Warner Offered proposition TIL
no white man shall ever be tried for lii
or liberty or property, except by jury {
white men, and giving the Legislature th
right to regulate the right of trial b
jury.
MERCHANTS TAX.
Mr.. Stephens read a petition signed b
a large number of the merchants of Mem
phis, which we annex in full:
To the Honorable Members of the Constitutions
Convention:
GENTLEMEN: The merchants of Yves
Tennessee desire respectfully, yet earnest
~, to protest against the late action o
your honorable body which retains in tn
Constitution the clause permitting tn
Legislature to tax the mercantile interest
of the State without limit, and we be!
you as honest, patriotic and sensible citi
zens, having the good of this common
wealth at heart, to reconsider your lat
action and to insert in the new Constitu
chandising on al equality with all othel
honorable and useful avocations with re
spect to taxation. We ask you to remem
Der that we are speaking now, not for oul
own individual interests alone, but for the
good of the whole State and all its citi-
zens and for all their interests. We are
confident that the late agitation upon the
Il - l,r
convinced every candid mind of the justice
and correctness of our claim, that the
commercial interests of the State should
receive encouragement and be fostered
rather than be the subject of discrimina-
ton. No matter what the financial eIig-
encies of the State may be at any time, it
will always be the true interest of the
whole State to impose the burdens of tax
alton alike upon all honorable avOcations,
and to tax the capital of the merchant just
as the capital of the farmer, the planter
or the manufacturer is taxed. We conf
IDENTIFY appeal to the suggestions, argu-
ments and examples exhibited in our late
memorial to the present Legislature, to
prove the business, correctness and bene-
ficence of this principle ofeQuaL and uni
form taxation, not in name alone butAin
fact.
The experience of the past thirty-fye
years shows not only that discrimination
against the merchants in this matter of
taxation results disastrOusly to all the ma
terial interests OF the State, but it shows
also very plainly how unwise and I'M
- = 90 Int, 60
every Legislature the power and discre-
ton of determining how and when such
discrimination shall be exercised. What
the State of Tennessee would have been
to-day if the Constitution of 1884 had
contained such provisions as we now ap-
peal to you to incorporate into the Con-
stitution of 1870, may be seen by glance
at Ohio, Kentucky, Missouri, Illinois, and
other States within whose borders all ag-
riculturab manufacturing, educational and
other material interests flourish, because
commerce is also treated with equal par
TALLY, and no discrimination against
merchants is tolerated. 1t is no answer
to our appeal to say hat the action of the
present General Assembly cvinces
safe in the hands of the Legisla.
ture. That action is indeed salts
factory; but, judging of the future by the
past, there is no certain protection with
respect to iris matter of taxation, unless
it is guaranteed to us by the Constitution.
To-day is the time for determining, in the
calm, cool and dispassiOnate councils of
the Constitutional Convention, what shall
be the course and the action of the State
during the next half century as to hcr
mercantile interests and by the action OF
your honorable body to-day may be de-
termined the destiny Of Tennessee as q
commercial community. We appeal to
you to reconsider your action and place
the limitations we have mentioned around
the legislative power over the subject of
taxation, confident that a sober second
thought will convince you that the great
State of Tennessee can no longer afford,
in Justice to herself and the interests of
all her citizens TO tolerate the appearance
OF even the possibility of unjust discrimi-
nation against her merchants. And your
memorialists, as in duty bound, viii ever
pray.
MEMPHIS, Feb. II, 1870.
FROM THE CLARKsyILLE BOARD OF TRADE.
Mr.. Kennedy presented a protest on
the merchants tax, which was read and
ordered filed:
To the Honorable President and Members of the
Constitutional Convention, now in session at the
city Of Nashville, State Of Tennessee:
The undersigned were, at a full meet.
Ing of this GAINESVILLE Board Of Trade,
held at their rooms upon the 18th inst,
appointed, empowered and instructed tC
prepare a suitable protest against the &C.
ton of your honorable body in excluding
from the protection of the organic law the
commercial Interests of the State of Ten
nessee. With due Difference to the dig
nifty, ability and moderation displayed by
your honorable body, we humbIy protes
against your action in the matter mention
ed. While the action of the Convention
does not subject the merchant to a higher
rate of taxation than that imposed
upon other interests, yet the ex
clusiOn of our interests from
the protection of the Constitution
indicates the conviction of the majority
to be thai capital engaged in commerc,
should be subject to a higher rate of tax
alton than capital engaged in other pur
suits. We most earnestly disclaim AM
intention to evade the just burdens of tax
alton, and only desire to enter our solemn
protest against unequal taxation, and
policy which, while protecting all Othe
classes from such manifestly unjust legis
latiOn, singles out one class and submit
them TO the mercy of all future legisla
tors. 1t cannot be said that the grea
commercial interests Of Tennessee are les
patriotic than other interests of our com
monwealth, neither do we claim to hav
entitled ourselves to credit create
than our fellow citizens; yet we d
with modesty assert that the Icgisla
ton of the past four years ha
borne more heavily upon our interest
than upon those of any other class.
the Constitution shall shield from unequa
| burdens all other classes of the pOpula
ton, we know not why we should be ex
cluded from its benignant guardianship
Experience warns US that legislation ma
again Cypress US, as in the past, and t
leave the question open would only resul
in introducing a new element into th
politics of the State, arraying classes i
opposition to each other, when, in fact
their interests are identical. We respect
| fully submit the following reasons again!
the action of your honorable body in II
spect to this matter.
l. 1t is contrary to the spirit of
democratic government: for all classes Q
citizens should bear the burdens of Stat
equally.
,. 1t is contrary TO the spirit of Ii
amended Constitution: for it first declare
that, emo one species of property frol
which tax shall be collected shall /
taxed higher than any other species {
property of the same value" and in