Dropped stitches in Tennessee historyAllison, John
History
Dropped stitches in Tennessee history
Allison, John
Jackson, Andrew, 1767-1845 -- Homes and haunts -- Tennessee; Tennessee -- History
9. It provides that, if any person shall sustain any damage on account
of being detained by the keepers of said turnpikes, or on account of
the road being out of repair, such person shall have an action against
the company for the damages sustained.
10. It fixes the compensation of the commissioners at two dollars per
day while necessarily employed, which shall be paid by the corporation.
11. It requires the road to be completed on or before the first day of
September, 1802, in default of which all rights granted by the charter
are forfeited.
This charter takes up one page and two-thirds of another page of the
acts as published, and is embodied, caption and all, in eighty-one
printed lines; and yet almost every conceivable phase of the questions
which have arisen between the people and such corporations, to annoy
both and vex courts and general assemblies, are fully covered in this
short charter, either in specific words, terms and provisions, or in
the true intent and meaning of the whole.
Some features of this charter deserve more than a passing notice. One,
which limited the life of the corporation to ten years, is in keeping
with and conformity to the great doctrine announced in the twenty-third
paragraph of the “declaration of rights” appended to and adopted
as part of the state constitution in 1796, that “perpetuities and
monopolies are contrary to the genius of a free state, and shall not
be allowed”: therefore they limited the life of this “monopoly” to ten
years. As private citizens, the men who composed the general assembly
believed in this doctrine; and, as representatives of the people, they
stuck to it with a firmness and manliness worthy to be followed by all
future legislative bodies.
Another feature of this second charter, which should have commended it
as a model in form and substance to future general assemblies, is the
retention in its face of the right and power of the state to regulate
and control the road, in its condition with reference to the safety of
the travelling public, and the services to be rendered and the charges
to be made therefor, as well as to require the corporation to pay the
agents of the people, who were to supervise and regulate it in these
particulars.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account