Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1870-01-20
NEW SERIES, NO. 434.

| HOiuS " t0lS effect. DeIOIe I0e san
e tribunals and in the same manner tn
suits are brought against citizens of Il
e Stste "
n Ar. Baxter said this was q new propt
4 s'-4On never yet adopted in any State
the Union, and not allowed by the Const
e tuition of the United States. Suppose W
l adopt it. The financial condition of tn
? State is embarrassed. We have not II
pudiated, but we have failed to make pay
: ment of debts, and this would give on
every creditor the power to sue the Stat
, the same as the citizen, and she would
, sued all over, in every county, perhaps
Certainly the proposition here is broa
enough to attach the taxes due from cit
zens
Mr.. Thompson, of Davidson, suggested
to the gentleman from Knox that there i
provision in the Constitution of Massa
chusetts to this effect:
every person having a legal claim
against the Commonwealth shall have s
legal remedy therefor"
Mr.. Stephens-If you adhere to thai
form of the section you leave it to the
Legislature to prescribe the mode of &C
ton.
MIR. Gibson proposed to strike out the
last clause of the section and substitute
words to this effect ''The Legislature
shall pass law whereby suits may be
brought against the State" It does seem
to me, that when the State of Tennessee
owes any of her citizens, it would be a
great outrage to shield herself behind her
sovereignty, to protect herself against an
honest claimant. That would SAVIOR very
strongly of reputation. 1t seems to me
a great absurdity for the State to enter
INTO contract to pay money, and after
having received all the benefit of the con-
tract, then to say to the creditor: You
shall have no right to sue me in
any of my courts. Whether that
be reputation or not, it certainly opens
broad and wide the door through which
reputation may enter. Therefore, 1 do
most earnestly desire that this Convention
will command the Legislature to pass a
law whereunder they may allow the State
to be sued.
Mr.. Porter, of Haywood, could not see
how the Convention should say the Legisla-
ture shall pass law. We may say, so far
you can come and no further. l there
fore move to lay the amendment of the
gentleman from Anderson and Campbell
on the table
Mr. Jones, of LincOln-The PROPOSE
ton of the gentleman from Hawkins,
CAlr. Netherland, is first in order
Mr. Baxter moved to lay both amend
ments on the table.
Rut these motions y,-ara vritbJrov-,,
Mr.. Brown, of Davidson-The motion
stands in such shape that am not able
to get at precisely what wish to get be-
fore the house, because the amendment is
to strike out and insert.
Mr.. Jones, of Lincoln-The amend
ment of the gentleman from Hawkins, if
adopted, will require the Legislature to
pass law, such a one that suits can be
brought. But this article does not pre-
scribe upon whom notice shall be served.
L think it very bad policy to have a law at
any time authorizing suits to be brought
against the State; for the State owes hun
dreds of thousands of dollars in separate
debts within the jurisdiction of a Justice
of the Peace, and all these old claimants
might bring suit at once. But what are
you to Go with the judgments and execu-
tiOns? viii you levy on the Penitentiary
or the State capitol, or will you garnishee
the taxes IN the hands of the collectors
and stop the wheels of government
Mr. Netherland had not looked, per-
haps, at the evils growing out of the
amendment. But we may sue individu-
ais and corporations, and that is frequent
" done. And if the State owes a citizen,
why may not the State be sued as well as
citizen? The evils apprehended are not
likely to come, for it costs something to
prosecute. But l desire, if we are to
have suits against the State at all, to have
them prosecuted in the usual manner. |
do not suppose man would often sue the
State before Justice of the Peace; but
if We are to have suits against the State,
let US know where they may be brought;
or if we are to have none, let Us strike
out the provision.
Mr.. Brown of Davidson-It is a CON
viCtiOn l have long entertained, that the
power to sue the State ought not to exist.
| therefore move to strike out the latter
part of the section which gives that pow
er. am as much in favor of the State
paying her liabilities as any member on
this floor. And | am prepared to go fur
ther than many. l am willing to pay the
last dollar by all the ways and means
known to legislation. | do not know any
consideration that rises higher in my con
ceptiOns, than a State struggling to pay
her debts. | have no sympathy with re-
pudiation. The State has contracted a
large Indebtedness; and may be allowed
to say that a very large portion of |
it was contracted against my humble pro-
testatiOns in years past. The debt exists. |
1t was contracted mostly to build rail
roads. And, to aCertain extent, the policy |
was wise. There is not a member of this
house, when he leaves his seat to go home
and see his family, that does not expert
enCe some of the benefits of this debt
Every time we hear the shrill steam
whistle, it admOnishes US, that we have
used other peoples means to set this |
modern harp in tune. | never will sym
pathise with any scheme or plan, positive
or negative, by which the debt of the
State of Tennessee might be repudi-
ated. l do not know that any
body thinks about repudiution. But
still, we are not paying-call 1t re-
pudiatiOn, or what you please. do not
want to pay taxes much. But l am
Tsnnesseean, and the highest pride |
/ have is, that | am q citizen of |
this proud Commonwealth, and it |
is my highest honor to contribute |
anything to make her name respected, and i
enable her to meet all her just obligations. |
And / hope we will adopt measures here
that will tend to the development of her
energies But 1 did not rise to declaim,
and it is not necessary. Still, it remains
true, as l said here the other day, that no
State can survive her honor. When the
glory Of States departed, it was Teferrable
to bad faith as the cause. States and in
dividuals alike, owed their failures to bad
faith in all time. He would rather be
taxed to the whole extent of his estate
than see the State of Tennessee dishOn-
Ored. His purpose now here was to ask
the Convention not to leave a proposition
in the organic law by which the citizen
can sue the State. think there is some
hing uudignified in passing a law by
which a sovereign State can be sued.
Gentlemen see no danger in the Legisla-
.UIe passing suCH d law Dut Can say |
what Legislatures we may have. Who
znows2 You have got to trust to the honor
If the State. What else has the State got2
What has the State of Tennessee go
hat can be sold2 She has got her Capt.
ol and she has got her archives, the regis
ers of her glory. What else2 She may
yet some revenue, which she expects to
collect by her officers. And is the State
% be sued like anybody else? A man