Legal instrumentalism: mill dams and municipal subsidies Harding v. Goodlett – Tennessee, 1832 (11 Tenn. 41); Nichol v. Town of Nashville – Tennessee, 1848 (28 Tenn. 252); Slack v. Maysville & Louisville Railroad Co. – Kentucky, 1852 (13 B. Monroe 1)
| ![]() ![]() Louisville & Nashville Railroad bridge over the Cumberland River - courtesy New York Public LIbrary ![]() Memphis, Tennessee waterfront (1854) - courtesy New York Public Library “It would seem to be an incontrovertible truth that a … town is deeply interested in the making of any road, or other means of transportation and travel, whereby the facilities of its commerce are increased; and if it be so interested, why shall it not become a corporate purpose to have them made? It would really seem almost useless to argue [the contrary].” – Justice William Turley, in Nichol “It is not just or liberal to impose the burden of a large debt upon our posterity, incurred to promote the interests of a railroad company. It is, in my opinion, the wisest policy both for individuals and for governments to improve as they are able, to pay as they go, and to avoid the curse and all the annoying, hampering, and protracted burdens incident to a galling indebtedness. The political evils proceeding from public debts, numerous and obvious as they are, should superinduce a determination, if possible, to avoid their creation.” - Chief Justice Elijah Hise (dissenting), in Slack |
EMPIRE OF LAWS - The Legal History of the 50 American States > 4. MOUNTAIN SOUTH LEGAL HISTORY > 4.2 Mountain South: The Antebellum Era (1831-1861) > 4.2.1 Mountain South (1831-1861): Slavery and War's Approach >