Year: 1860

w w q u VI


REPRESENTATIVE OF HmDENAv COUNTY,


In he Tennessee Legislature Thursday Fe5tra7g, 24tR


1860, tie foHOlriBg anlendnseat offered by himself


to the Senate bill to re-ckarter Tie Union and Planters


Barts


Be Il further enacted, That the Legislature shall


have power to alter, amend abolish the charters


herein before granted, whenever, in their judgment


tae best good Of the country demand it. And for


the better security of the creditor, the stOckhold


ers shall be liable general partners for all the


debts of each bank.


Mr.. GUY said:


Mr. Speaker After the remarks Of the Represen-


tative from Jefferson, this morning to tie duty Of
| members in pushing forward the business of this


House, and bringing speedily to close the delibera


tions Of this body Ca duty, sir, which have felt the


full force Of, since the opening of The SESSION.


feel that it will be with difficulty and embarrassment


that shall proceed in the suggestions that ] have


intended 20 make, but think sir you will bear me


out in the assertion that thus far, at least, |
! have evinced but little disposition to occupy the


hours that should be devoted to the business Of leg


1slatiOn in useless and pFotracted discussion was
with me, when came here, cherished object that
! this should be a short session, the country had


right to expect and did expect it to be such, and
whatever may he the situation of other gentlemen,
my constituents will have looked for such course


on the part Of their immediate representative, will


have best contributed to that end and it is certainly


no part of my intention to say do ought incOnsis


tent with what L conceive to be the requirement of
public duty to disappOint them. 1 told, them when
making my canvass last summer, that If elected
/ should come here, not with a view to distinguish


myself or seek to do so, by multiplicity of motions


bills speeches and such other useless and senseess
lumber, is usually employed in building up what
Is termed in modern legislative parlance record,
but to represent them honestly. faithfully and eff
ciently l could; and in no way did | think then,
or do now believe their interest can be better pro
NOTED, than by limiting our stay here to It's very
shortest possible duration For this reason, 10th
to ask the indulgence of the House while present
some of the views that have constrained offer
this amendment.


In the first place, 1 have ever regarded the prone
ness OF our people to excessive legislation of
the greatest dangers that does, imperi, the
present or future of our government UnfOrtu-
nately, as it seems TO me, the idea has acquired
great prominence and prevalence in the minds of
our politicians and legislators, not to say philosO
pliers and statesmen, that the more legislation we
have the more complex, variegated, and complies
ted system may be, the better governed we are,
and therefore the happier and more prosperous we
become under their administration. Well sir if
good government means to Oppress and ensaye, and


legal tyranny IS a necessary precedence to our hap
pness then and only then, does this idea hold gOOd
and should legislators in the pursuit of sound
theory of government, adopt the rules of multipli-
cation and addition in ali things pertaining TO the
business Of legislation because not Jaw that
stands upon statute book, that has any meaning
in t-and if it has meaning, 1t is no law-but de-
rives its force and virtue from some relnquished
right of the governed and BY this system Of perpet
ual, governmental accreuOn, the adding to the pow
ers Of the government, and the taking away from /
the reserved rights of the people, splendid leg


slatve monarchy may be built up that will act not
as the head Of the commonwealth for the wise AID 1
judicous regulation Of the peoples affairs, nor as


the heart for the purifying and cleansing of the VI
tai principles that give health, tone and renewed !
vig0P to the system, bus the stomach, some /
vast, capacious and mammoth receptacle for the /
inpouring of the peoples substance, the wasting OF
their industry and the emdsculatlOn Of their eneP
gies; and in the extreme anxiety of some gentle
men to fost upon the country their institutions for
so long period of time, and long in advance of
the expiration Of existing charters, l can see but
little else than the impending dangers and threat
ened PetributiOn to arise from this mania for
cessive legislation.


1t has been wisely and truthfully said by one Of
the most profound thinkers and political economists
of the age, " That the chief virtue Of law con
sists in its being understood and establish
ed and not IN the multiplicity OF It's I'M
practicable theories and senseiess complications;
and as a firm believer in the truth Of this saying,
am unalteraby opposed to all such legislation
as is not demanded by some immediate. pressing and
papable necessity of the people; and although
young legislator, venture the suggestion to-day
not by way Of advice to others, but a reason for
the course shall pursue that if we had less legis-
lation and more respect for the laws and the cOnst
tuition of the country they exist, would not



hensive in our freedom, but would also be happier
and more prosperous in its enjoyment; it is not
the numerical abundance Of our laws and institu-
tions, but their peculiar fitness and application to
our real and not the mere imaginary wants and ne
cessties of the country that constitute them bless
ing. 1t should be an honest faithful, conscientious
and searching inquiry with us then. as to whether
this that law this that system Of legislation is
calculated to advance any great and material inter,
est of the country. Because it is a selfevident
proposition, that every act of pubic legislation
having general application not demanded by some
high and enduring consideration Of public policy
must hang like some haunting incubus, as did the
sword Of DamOcles," suspended over the body
polite having tendency through the terror of its
example and the dangers of its influence TO suppress
the free and easy respiration Of organized society
And after having given this subject such an invesu
cation as / conceive Is necessary to proper under
standing of its merits, have come to the calm and
deliberate conclusion that not only is there no ne
cessity no absolute real and imperative necessity
for the proposed recharters by the present session
of the Legislature, but that every consideration Of
sound policy, prudence and legislative duty would
dictate entirely different course, as all action in
that direction at the present term of the General
Assembly must be premature, for the good and SUI
fcient reason that their present charters have yet
several years to neither Of them expiring until
the lst of January, 1863 and as the Legislature Of
1861 will meet in ample time to consider the real
necessity of the case. and coming up as they VIII
warm and fresh from the bosom and cOuncll-hres OF



immediate Representatives of the constituency Of
that day, to reflect the WILL and embOdy the sense
ahd sentiment Of the public at that time, than we
are now l. sir. am free to confess that the light
and spirit Of political prophecy does not illumine
my pathway legislator, and without the guiding
ray Of its teachings am utterly unwilling 70 as
the responsibility Of debating 10 the people Of
1868 to what shall be the nature of their bank
ing laws and institutions, if indeed they see proper
to have any, other than such have been engrafed
upon them. Under TIE constitution they will be as
much entitled to exercise Of all the powers and
functions of free people sovereign, in all the rights
and elements Of self-gOvernment we are and
hold that we have right to foresta them in SEN
timent or legislative action. We are here the
representatives Of the people of 1860 and not 1863
and all matters of legislation belonging more par
ticulary 20 the future, should be left the more
immediate consideration Of those who are to sue
ceed


The people of 1868 viii have all the duties and
obligations of good citizenship to discharge and all
the necessary burdens and contingent expenses of
government TO BEAR and under the great doctrines
Of equal taxation and representation, upon proper
appreciation Of which our colonial ancestors rebe
ed against the mother ce1ntry, and defed a frown-
inr world in arms, they viii have an unalienabe
and indefeasible right to settle CT determine this
question for themselves. And, as if in obedience to
this great divine principle and American idea of
selfgoyernment that came up up out Of the fire and
ashes Of a seven years revolution, chastened by
the trials and suferings Of people, whose object it
was to create government rs enduring in all its
elements Of cohesion it is broad in the berality
Of its policy and impressive in the splendor Of It's
architectural grandeur, the trainers Of the Tsn-
nessee Constitution provided for biennial sessions
Of the Legislature; the evident intention and mani
fest object Of which was TO cOthe the body polite
with the power to redress grievances, and apply
such legislative remedies as increased wisdom and
experience might suggest safe and proper to the
well-being Of society; and whenever we seek to in
terfere with the legitimate exercise Of this power,
by assuming to legisate upon subjects, the proper
Consideration % winch docs not belong ns but 10