Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1871-11-18

tte Circuit Court, that Justice RAY oe 90
tlined. --....- - 5-...t
VIOLATING THE DEFAMATION OF RIGnTs,
Says the 10Th section of the Declaration
of Rights in our Constitution Gan courts
shall he omen and right
! and Justice administered without sale, denial
OF. delay If this section is not well nigh
violated by the section proposed IN this bill,
then am much mistaken; and at the same
time the wrong becomes much greater VIXEN
| it is remembered that the Constitution of the
United States, in article of the amend
ments thereto, provides that, "ln all suits at
common law, where the value in controversy
shall exceed $50, the right Of trial by jury
shall be preserved" Now, to FIX the iuris-
diction Of small amounts in justices Courts,
where no jury trial can be had, and then
f rec a submission to the judgment of the
Justice, or compel the losing party to abaI-
don his constitutional right TO a jury trial,
or purchase the same at a ruinous cost in
the way of State tax, it seems to me is an
utter subversion of tie guarantees secured
to every citizen of the United States for
the protection of his person and property.
ovERTAXING CASES SUBMITTED.
In regard to that part of section 4, which
tices of the Peace, under the small offense
law, have this to say: favor the princi-
pie but think the tax too great. 1t is not
every time that parties are arranged before
Justices that they are really criminals. In a
great many cases they are the very best cit
liens, and are unfortunate enough TO be
involved in troubles for which they have to
answer without their fault, being the sub
ject OF malicious attacks, and being forced
into violation of the law by bad and de-
signing men, they are persuaded TO submit
to the mercy of the Justice in order to avoid
the expense and delay incident to trial be-
fore the Circuit or Criminal Courts Of their
county. l believe this class Of citi-
zens should help literally to defray
expenses of the State Government, but
think at the same time that they should
not be made the subject of an onerOus tax
because they have been unfortunate and
are honest enough to come forward and ac-
knowledge their wrong, and by submission,
in many instances, save the country from
the expense of confinement and the
trial of their cause before jury. l am Of
the opinion that two dollars is as much as
should be required of them. l believe the
operation and effect of large tax win incur
more expense to the country than the fine
will be worth, in the long run, by forcing
MANY GOOD but unfortunate citizens into
the Circuit or Criminal courts of the several
counties to vindicate themselves before a
Jury or their peers. Therefore l oppose the
tax indicated by the bill and favor 81 in lieu
thereof.
WHAT Is REALLY THE MAIN ISSUE.
These views submit for what they are
worth, and they are founded on such facts
and figures as, in my opinion, cannot be
successfully controyerted. There is an in
tereSt to be protected which, with me,
is superior to the claims of bondholders,
and all this clamor about preserving the
good faith and credit of the State is, in eff
feet, if not in intention, calculated TO divert
public attention and the minds of members
of this Assembly from the main issue. /
care no more for the recommendations of
one man than another, when an investiga-
ton of facts leads me to believe he is wrong;
and how it can be assumed, with stubborn
facts staring us in the face, that five mills on
the dollar is necessary as a tax to defray
current expenses and retire OUR floating
debt, am at a loss to know.
SWEEPING DECLARATIONS INEFFECTIVE.
| should be much better pleased to see
figures and estimates from the high tax
members of this Assembly, sustaining their
views, than to hear these sweeping declara-
tions than three mills is insufficient. Figures,
it is said, never lie, but often men are led
astray by false assumption Of facts. Now
fifty cents is a high tax, and the. distinction
is well drawn when those favoring that sum
are designated high tax men.
CALLING THINGS BY THEIR RIGHT NAMES.
There is no use of mincing terms.
Things had as well be called by their right
names. If we who favor three mills should
fail here, and five is fixed at the rate, twelve
months hence viii find the people of this
State drawing the distinction in manner
fearful to some gentlemen on this floor, when
they are called upon to rob their families of
the last cent to pay the claims Of the bloated
aristOcrar who holds our securities. | can
see nothing in this effort to establish five
mills as the rate but an ingenious method
resorted to as a means Of raising money to
begin the payment of interest on our debt
as early as July l, 1873. This /, for one
am not willing to do; our people do not eX-
peCt it: their circumstances viii not admit
it.
BREATHING SPELL WANTED.
The surest way for the bondhOlder to
collect his interest is to give this people a
breathing spell. The surest to defer a col
lection is to press and exasperata an i'm
poyerished people verging on bankruptcy.
| would say to them, and to the friends of
this bill, that they must wait yet little
while. Ourpeople are poor but honest, and
win, some day, pay the securities they hold,
bought for half price, and every cent of in
terest. When our country is developed,
our resources now hidden made available,
our private fortunes, wrecked by the war,
restored, our borders filled with thrifty emf
grants who can help develop our wealth,
our railroads, as the Governor says, be-
come taxpayers, then we can and Will at
tend to their wants
THE BEST WE CAN DO, JUST NOW.
All we are now able to do is TO pay our
floating debt and detray current expenses;
thirty cents will do this beyond all question;
and thirty cents may, with our increasing