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

scribe that, when he arrests citizen HI
can't try him by court-martial; because
| the citizen is not a soldier As it seem!
to me, the word martial" as it stand.
| here, has no force or effect whatever
But, if you say the citizen shall not bt
subject to punishment under military law,
then you will have resolution that means
something. And this would be in accord
| with the Constitution of the United States
on the same subject where it prescribes
| that no person shall be held to answer, ex-
| cept by presentment, Indictment, or i'm
parchment, unless he is in the military
service and in time of war. l think the
amendment is a very proper one and
ought to be adopted.
Mr.. Bate thought this very prohibition
that is in the Constitution now, contains
the only-the best phraseelogy to prevent
the evil contemplated. If military man
defies and tramples on such prohibition,
he makes himself an outlaw.
Mr.. House, of Montgomery mill
tary commander, Sir, unless there
is something in the Constitution to
the contrary, may enter State
and try citizen by the military without
any declaration of martial law. But
whenever he proclaims martial law his
will is supreme.
Mr.. Bate-Then I say he is trespasser,
an outlaw.
Mr.. Key-I CAL for division of the
question. am opposed to striking out.
Mr.. Fulkerson-It may be that l do not
understand the subject. We attempt to
prescribe that the citizen cannot be sub
ject to martial or military law. There is
a difference between these laws. 1t does
seem to me that we might remove the
difficulty by accepting the amendment of
the gentleman from Madison Mr. Camp
belll. This amendment to the section
will accomplish all that we desire with
out the additional clause proposed by the
gentleman from Shelby.
Mr.. Burton-I desire, with the permits
sion of the Convention, to read para
graph from Greenleaf's Evidence, to show
that the gentlemen from Shelby is en-
tirely accurate in his statement. He
reads. Mr.. Finley demanded the previ-
GUS question and there was second.
Mr.. President-The first question is on
the amendment of the gentlemen from
Madison, Mr.. Campbell.
The amendment of Mr.. Campbell was
adopted in lieu of the first amendment by
Mr.. Heiskell. The amendment as amend
ed was then adopted, and then the section
as amended was adopted.
Mr.. Heiskell-I now to propose to add
the clause of which l gave notice and
which has been reported.
Mr.. Turner feared that this would not
reach the difficulty. He saw the distinc-
ton between martial law and military law,
martial law declaring the suspension of
the civil law and all law, whilst the mill
tary law is well defined, not only by the
articles of war, but by common law. Hell
also had had experience in these matters,
as it was his misfortune during the late
to be connected with and
act as President of Military Commission
some four months. He thought they had
gone far enough. When the military are
running riot and rampant all over the
country he would avoid difficulty by at
tempting to interpose further constitu-
tional provisions.
Mr. House, of Montgomery, desired the
gentleman from Shelby to strike out from
his amendment that portion which re-
quires the Legislature to define what mill
tary law shall be.
Mr.. Heiskell's object was restrictive,
and if those who were more familiar with
the subject desired it, (and it might be re-
garded as an enlargement of the powers
Of the Legislature), he would withdraw
that part of the proposition suggested.
Mr.. Heiskell's amendment was then
adopted.
Sec. 26. That the citizens of this State
have right to keep and to bear arms for |
their common defense.
Mr.. Gardner said, that within a few
years past, there has been a fearful and
alarming increase in the number of high
as murders and robberies-
by means of violence, and by
he use of arms, in this State. This evil
las grown into frightful proportions, and
he public peace, and private security,
lemand the most rigorous measures 0 |
oppression, The members of the Legis-
AZURE are impressed with the importance
If this subject, but, l understand, they
ire restrained from providing efficient
emedies, from a doubt they entertain as
o the extent of their power in this direc-
ion, under the provisions of the
18th section of the Bill of Rights |
This power, l consider, is secured for
he common, and not for individual de-
:ense-as when the peace and safety of |
he people of the whole State, or of |
county, or even a single neighbOrhOOd, is |
threatened, the people shall have arms,
md a right to bear and use them to pre-
serve the peace and good order of society.
would not, however, interfere with, or
n the slightest degree abridge, the citi-
,en's right of seIf-defense.
My object is to suppress arts of lawless
and diminish the number of
murders and robberies in the State and
very lover Of law and order must desire
his.
! wish 10 remove this doubt as to their
powers on this subject, heretofore existing
n the minds of the members of our lie
gislature, which doubt has stood in the
way of necessary remedies being provided
or the cure of this great evil
To this end offer this amendment, and
nope the Convention will adopt it.
III the Legislature shall have power
ly law to regulate the bearing OF arms
With view to prevent crime. "
The amendment was agreed to, and the
section as amended was adopted.
Sec. q. That no soldier shall, in time
If peace, be quartered in any house with
)ut the consent of the owner; nor in time
If war, but in a manner prescribed by
aw.
This was adopted without amend
nent.
Sec. IS. That no citizen of this State
Dc compelled to bear arms, provided he
will pay an equivalent, to be ascerts med
~ law.
Mr. Cypert proposed to strike out the
18th section, and insert m lieu, Gan citi-
lens of the State, between the ages as now
prescribed or may be hereafter prescribed
" law, shall be compelled to bear arms
md no equivalent in money shall be re,
2eived in lieu of such service"
Mr.. Stephens-It is not possible that
We are going to pass that-compel the
ame, blind and old, to bear arms
The amendment was rejected and the
section adopted as reported.
Sec. 90. That an equal participation
n the free navigation of the Mississippi is
one of the inherent rights of the citizens
Of this State; it cannot, therefore, be
to any prince, potentate, power,
person or persons whatever.
Sec. so. That no hereditary emolu-
nents, privileges, or honors, shall ever be
granted or conferred in this State.