Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1871-11-24
RAILROAD CONSOLIDATION.
Extracts from the Speech Of Hon. An
drew b. Martin, Representative from
Wilson, delivered I'm the House upon
the Senate Bill AuthOrizing the Con-

SHe senate BtAt Authorizing the tOD-
solicitation OF Railroads.
hlr. Speaker: The amendment proposed
by myself to this bill is intended to guard
the interests of the people and Of the State.
1t provides that no railroad shall receive the
benefit to be conferred by the bill until such
road has retired its Indebtedness to the
State. But this amendment has been so
modified and changed that it wholly fails to
accomplish the object designed, and now as
a representative of a respectable portion Of
the people, and being not entirely without
responsibility in the work of securing the
public good and in preserving the credit and
integrity of the State, l conceive it to be my
duty to oppose this bill. l have never be-
fore in all my life had so much difficulty In
doing what thought to be my duty. I'm
Fortunate personal appeals have borne
heavily upon me, strong, powerful and
almost overwhelming outside infence has
been leveled at the devoted heads Of those
who oppose this bill. We have heard
associated with it as its friends and
supporters the names of gentlemen
possessing vast estates, and of others who
have done their country some service. And
these outside members have lobbied with
zeal that almost entitled them to the sue
cess of even a bad cause. These gentle
men are all my friends, trust, and | have
felt the heat of their ardor as they have
pressed their claims upon my attention.
Will not be entitled to the more credit if
| resist all these enticements? Surely so.
And now l shall proceed to the considera-
ton of this question and to the argument Of
it, asst no appeal had been made to me,
and when l come to cast my vote, | shall
cast it in the face of the fact that have
sworn to do my duty to the people / repre-
sent.
l admire the zeal of the gentlemen who
are pressing this measure upon this floor.
My friend from Warren (Mr. Cliff is very
BOdnerges, a son of thunder in advocating
his cause. So, also, with my able friend
from Lincoln, (Mr. Tillman) and each
of these honorable gentlemen appeal
earnestly to us while they point with evil
dent satisfaction and confidence to the formi-
dable array of outside members who are ready
as occasion may offer, to thunder with
them upon their side. But in the midst of
their exultation they tell us this startling
fact, that the measure is to great extent
local in its benefits, and that they with the
gentlemen ON the outside are to be pecu-
Fairly and especially blessed in its passage.
Well, admit the right of every representa-
tive, whether he be a sworn in or an out
side member, to be influenced by whatever
will benefit his locality, and immediate con-
stituents. But this feeling of local interest
must not be permitted to blind your eyes,
which it nearly always does, so that you
cannot see whether the measure be for the
public good or not. You must promote the
public good, and subject to this rule and
purpose you may legislate for local interests,
and not otherwise.
have considered all the arguments in
favor of this bill, have probably heard all
the gentlemen in its support, and must
confess that the more have considered, or
the more have reflected, the more firmly
l have been convinced that it is my duty
to go against it. Each time l have re-
viewed the argument, | find that have inevi-
tably returned back to the same conclusion.
Competition is the life of trade. That
maxim was BON of practical experience,
and has a world of wisdom in it. 1t has
developed more muscle, more wealth, more
brain than any incentive ever born in the
human breast. 1t has founded govern
ments and built cities, and ships, and rail-
roads. 1t only withers in the shadow of
monopolies. In ancient times monopoly
was the grant of an exclusive right to do
thing. In modern times it is the GSSluHp
ton of that right without the grant. An
GENTLY it was the creature of the law, now
it is the creature of force. The genius of
this day will not allow of the grant of such
a power now in express words, and hence
such relief is not asked for. The end, how
ever, is accomplished seemingly without de-
sign. We are asked to grant to one class Of
corporations in the State certain powers in
cidental and harmless everybody says, and
yet the truth is these harmless privileges,
are the men and means, the munitions Of
war by which they will destroy competition
and assume exclusive rights, and then to
our establishment, and as the outgTowth Of
these harmless things We will feel the iron
hand of monopoly as it closes upon the
very vitals ofthe country.
1t is apparent and cannot be denied-in-
deed it is admitted in argument-that this
bill tends toward the establishment of mo-
nopolies. One honorable gentleman under
takes to say that, after all, mOnopOlies are
neither dangerous nor hurtful to the people
or the State. One would believe this GER
tainly to be the sentiment of this House
should this bill become the law. Yet the
unsoundness of the sentiment is apparent
to the most Indifferent observer of the times.
Monopolies are hurtful and dangerous, and
frightfully so. The tremendous power with
which they break down the barriers with
which the law would check their encroach-
ments; the tremendous power and the mer-
ciessness with which they crush through
the hearts and the hopes Of the people, are
enough to make us tremble for our safety
when we contemplate what may be the fu-
ture of Tennessee under the policy proposed
to be inaugurated by this bill. But l need
not stop to consider the question of good or
evil that may flow from mOnopolies. They
are forbidden by the Constitution: "Ihey
are contrary to the genius of a free State,
and shall not be GiIOlUed;' and whether
good or bad it is fruitless to inquire. You
have sworn to support the Constitution,
and in the face of this solemn duty ask
you how can you support this bill?
This provision or principle in the COnsti-
tuition was regarded as a matter Of so much
consequence by the trainers of that instru-
ment that they did not put it in the COnsti-
tuition proper, but in the Bill Of Rights"
It is one of the inalienable rights of the peO-
pie, sacred in the eyes of the trainers of the
Constitution, "neuer to be Violated on any
pretence ,chGteuer, excepted out Of the gen
erdl pOtcerS of the government, and shall for
erer remain inuiOldte." We cannot lightly
get rid of this obstacle. 1t will not away at
a puff, or a waive of the hand. You may
disregard it, but still it is there. 1t may be
an evil, yet it is an evil in the provisions OF 1
that Constitution which you have sworn to |
support. This is one consideration, MIR. |
Speaker, which must confess, has had a
serious effect upon me in making up my |
mind upon this subject. But there is still |
another objection which presses itself upon |
my mind and which desire to make clearly I
understood to the members Of this House. |
This bill Is unconstitutional so far as it at /
tempts to legiolate for the benefit Of rail |
roads chartered before the adoption of /
the new Constitution. The Constitution .
Art. II, Sec. 8, says, ''NO corporation shall
be created or its powers increased or dimln-
ished by special lars; but the General As
sembly shall provide, by general tdics, for
the organization of all corporations here
after to be created"
Has this Legislature any power under
that provision of the Constitution by gen
eral or special laws to increase or diminish
the rights and privileges of the Memphis
and Charleston incorporation which existed
before the Constitution. / answer no. OBJ
serve the article referred to. Can 1t be done
by special laws? Certainly not, for it says
no corporation shall be erected or its pow
ers increased or diminished by special laws.