Dropped stitches in Tennessee historyAllison, John
History
Dropped stitches in Tennessee history
Allison, John
Jackson, Andrew, 1767-1845 -- Homes and haunts -- Tennessee; Tennessee -- History
Another act deserving our attention is one passed by the third general
assembly, creating the second private corporation chartered in
Tennessee. What a model it was and is for the guidance of all future
general assemblies, and how free we would be today from the many
questions that now vex courts and legislative bodies, if we had only
followed this wise precedent. But we have not; our “swollen estimate
of our own pre-eminence” seems to have so beclouded our minds as to
cut off vision in both directions: too proud and stiff-necked to look
back and study the example and teachings of our fathers, and too
weak-minded, with all our boasting, to see a single span of life into
the future, we have lost that which they, in their far-reaching mental
grasp, held on to in the charter--control and regulation of private
corporations by means of commissions appointed by state authority
and compensated by the corporation, these provisions being part and
parcel of the charter. The act referred to was passed November 14,
1801, and incorporated the Cumberland Turnpike Company--nothing but a
little turnpike company, to build a road or public highway “from the
district of Hamilton, across the Cumberland mountains to the district
of Mero”: but these backwoods pioneers, who (as we, their offspring,
have supposed) did not know how to spell “railroad,” “commission,”
“regulation,” “freight,” etc., actually had sense and foresight enough,
without books and court decisions bearing on the subject to guide them,
to embody in this second charter of a private corporation granted in
Tennessee provisions as follows:
1. It might make by-laws, rules and regulations not inconsistent with
the laws of the state.
2. It must “measure and mile-mark” the whole road, “erect bridges and
causeys” (causeways?), dig and level fields, hills and mountains to the
width of fifteen feet, and maintain and keep the road in good order and
repair.
3. The life of the franchise is limited to a period of ten years.
4. The corporation is required to execute a bond, in the sum of two
thousand dollars, with approved security, for keeping the road in safe
condition and good repair.
5. The Governor shall appoint three commissioners, and they or either
of them shall review and examine the condition of the road once in six
months, and report its condition to the Governor.
6. The company, on the completion of the road, is required to report to
the Governor that the road has been completed in accordance with the
charter requirements.
7. Thereupon, the commissioners are to view and examine the road,
and if they report to the Governor that the road has been completed
in accordance with the true intent and meaning of the charter, the
Governor will then issue a license to the company, permitting it to
erect gates and collect toll.
8. The toll that shall be demanded and received from the various kinds
of vehicles, live stock, footmen, etc., is prescribed by the charter.
Public-domain text, read in full here on John Shaqi.
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