Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1870-01-20

: PRESIDENT: must say that | should re
e greet exceedingly to see this provision
e stricken out of the Constitution of Ten.
: nessee. l agree with my colleague from
: Davidson in much that he has said, but.
r sir, this fgurative language in argument is
e apt to be very sophistical. think with
2 the lady in Sheridan's play, that one of
the headstrong things in this world is an
allegory on the banks of the Nile. Ger
tainly it is great thing to see the noble
ship of state breasting the waves, as my
colleague has beautifully said but when
J | see that noble vessel put off from shore
loaded with borrowed money and cutting
away from her creditors, think she
should run up the black flag and proclaim
herself a pirate at once. l will state
frankly how my mind was first called to
the necessity of strengthening this con-
stltutional provision. One of my clients
had railroad (the Northwestern to run
over his ground and injure him largely.
Now, sir, the State had given the rail
road the power to do this by lending 10
the company the States sovereign power
of eminent domain. And yet the State
now refuses to be sued and turns the in
Jured land owner over to his remedy
against bankrupt railroad company.
Surely one such instance is sufficient.
must say further in answer to what has
been said by the delegates from Davidson
and Lincoln that do not see that the
strange consequences they imagine are to
follow from this provision. l never
heard of making judgment against
State by execution from a State court.
The judgment would merely ascertain the
debt against the State.
Mr.. Heiskell-I can see no effect that
this amendment can have, except it might
be against the credit of the State. | move
| to lay it on the table.
The motion was agreed to, and the cues
ton required on the section as reported.
Mr.. WilliamsOn-The reason WHY he
prepared the above amendment was to
prevent the State from being sub
jected to costs from litigatiOns. He
thought this effort to give the right of
actions against the State was itself an I'M
putatiOn upon the honor of the State,
which he repudiated He was confident |
in the ability and resources of the State to
pay every cent of her Indebtedness.
The section was adopted.
Section Is was then read, asfollows:
Sec. Is. That the person Of a debtor |
where there IS not strong presumption of |
fraud, shall not be continued in prison
after delivering up his estate for the bene-
fit of his creditor or creditors, in such |
manner as shall be prescribed by law.
Mr.. McDOugal proposed to amend by |
striking out the 18th section, and inserting |
thaca r-CrIu in Gatr 7
shall pass no law authorizing imprisen-
ment for debt.
Mr.. Jones, of Lincoln, proposed to add |
these words: "In civil cases.
Mr.. McDOugal accepted the modifca-
ton.
Mr. Baxter said that this section, as
reported, would protect every honest man
from being imprisoned for debt The |
best way to preserve the interests of the |
community is to legiSlate so as to prevent |
frauds. If this provision now submitted |
passes, a dishonest debtor might put into |
his pocket and possess millions of money |
bearing interest, and he might live on its |
proceeds, and there would be no reaching |
it-nO way to make him disgorge Now |
insist that debtor of that kind ought to |
go to prison. Ifhe has perpetrated fraud, |
cOnCealing his resources and Withholding |
his property from his creditors, he ought |
to be imprisoned He hoped the Legisla-
ture would have the power to force men
to an honest compliance with their con-
tracts
Mr.. Garner-The clause as reported by
the committee on the Bill of Rights is a
copy of the same section of the Bill of
Rights in the Constitution of "a and in
the Constitution of the United States.
But the law, and the circumstances of the |
country, and the public mind has greatly
changed. We know that the imprisOn-
ment for debt law, or what was called the
ca. sa. law, was repealed in '32-since
whichtime we have heard of no such thing
as Imprisonment for debt. l think the
amendment is right and humane; and that
imprisonment for debt is wrong and in
human. | am like the Indian who passed
by Jail, and, looking in, and seeing men
confined, asked why they were there. He
was answered that they were there for
debt He then said: In my tribe, they
pay their debts with coon skins; and,
shaking his head, he added: Poor place to
get coon skins.
Mr.. Baxter moved to lay the amend
ment on the table, but withdrew it for
Mr.. Jones, of Lincoln, who had as little
sympathy as any man with law for i'm
prisonment fOrdebt. But this institution of
the ca. sa. never reached these men with
their bonds in their pockets. If you pass
such law, they will not hesitate to dis
charge their debts by an oath of insolvency.
lrecollect the time when all our suits were
almost wholly commenced with capiases
and, if man could not give security, he
was locked up in jail to secure his person.
My first practice in the courts of the coun-
try was when the judgment creditor
could go to the court and say Give
me ca. sa. for the body of my creditor.
In that day, sir, generally, there was an
area of ground marked out around the
jails, called the prison bounds; and the
person so arrested was to 90 to jail, in de-
fault of security, and to be kept within
those prison bounds, and if he crossed the
lines his securities must pay the debt |
The first legislation for relief was, to en-
large the prison limits to the limits of the |
town. The next was to discharge under |
the insolvent debtors oath. The next was
to give security for his appearance at the
next cOurt-so following the history
of the old English debtor law of impris-
Onment. Finally, the imprisonment for !
debt law was wiped out, and, sir, myself
had some agency in wiping that law out
of Tennessee, and also out of the District {
of Columbia. / think, sir, it was an in t
human law. 1 think if you will imprison r
for debt, and Indebtedness be a crime,
that the man who credits is party to the t
crime. l will go as far as he who goes
the farthest to provide that the man who |
can be convicted of fraudulently with
holding his means from the payment of 4,
his debts shall be visited with proper pun y
shment. =
Mr.. Baxter moved to lay the amend
nent on the table. ,
Mr.. Porter, of Henry, demanded the
7eas and nays, and they were ordered, and
being taken, they resulted-yeas 90, II
lays 80, as follows: t.
Yeas-Messrs. Allen, Baxter, Brooks, .
3yrne, Blizzard, Burton, Carter, Drom- 1
yoole, Finley, Gardner, Henderson, Heis- ~ -
lell, House of Davidson, Robertson and -
Ivie, Key, Kennedy, Mar
in, McNabb, Porter of Haywood, and
?,
Nays-Messrs. Ar,edge, Burket, Brown P
If Davidson, Branson, Britton, Brandon,
Brown of Carroll, Gibson, Madison and
Henry, Bate, Cummings, Coffin, Camp Il
,ell, Chowning, Cyperi, Dibrell, Deaven- N
lort, Deaderick, Doherty, Fulkerson, Fen CO
ress. Fielder, Gaut, Gibson, Gibbs, Cor al