Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1854-02-07
HOUSE-MORNING SESSION.
MONDAY, Feb. 6, 1851

MONDAY, Feb. 6, 1851.
The House was called to order at 81 O'Clock
Mr.. Norris of Wayne, in the chair, and the Jour
nal of Saturday having been read:
Mr.. Sykes, from the committee Ways and
Means reported several bills with recommendations,
which bills take their place on the calendar.
Mr.. Tharpe introduced a bill to increase the COM
mon school fund. CThe bill appropriates Gqnor
license to the school fund.- Read first time, and
referred to the School Committee.
Mr. Hart: bill to amend the practice in civil suits
in courts of law. Read first time and referred to
the Judiciary Committee.
Mr.. Bullen a bill to authorize sherif5 to appoint
an additional deputy. Read first time and refer
red to the Committee on Ways and Means.
Mr.. Hebb presented memorial from citizens of
Lincoln, praying that tax collectors be chosen by
the people. Read and referred to the Judiciary
Committee.
Mr. Richardson, from the Committee on Enrolled
Bills reported large number of bills correctly en-
rolled.
Mr.. Williams moved to take up motion to recon-
slider bill No. 1896, for the relief of j. K. Shook
which was agreed to, and the bill being taken up
and read together with the petition and certf-
cate of the county surveyor, after some explana-
tions by Mr. Williams the House reconsidered the
vote rejecting the BILL and Mr.. Hebb made some
remarks in favor Of the bill, which then passed
second reading and was, on motion of Mr.. Cooper,
referred to the Judiciary Committee.
The House then took up the special order, "the
law reform bill"
Mr. Hawkins felt himself in rather an embarras-
sing position, in addressing the House on this BILL
after the the eloquent and able arguments which
had been made on both sides of the question. But
after much reflection on the provisions of the bill
and the effect it calculated to have he felt it
his duty not to let the bill pass without raising his
voice in opposition to it. 1t proposes nothing less
to lr,,o
der to substitute experiment, which is to US new
and wholly untried They say it is Reform
measure; and that the people demand it. He asked
who should know better the wishes of the people
than their own representatives on this floor? He
would ask gentlemen if their constituents had
instructed them to INTRODUCES and advocate any
such measure as this? We needed no legis-
lation on this subject and he doubted whether
the people desired it. We are told that the
present system is defective and ought to be
pulled down, and the Governor Of the State had
sent US long article on the subject. He had lis
tened with great attention to the able arguments of
the friends of the bill, and he was yet unable to see
the defects Of the present system Of which they so
loudly complained.
(AIr. II. then reviewed at some length the argul-
ments and illustrations adduced by his Excellency
and other friends of the bill, showing them to be
falacous, and he appealed to every lawyer the
floor, if such cases those supposed by his Excel
lency could arise under the present sYstem-more
especially since the acts Of 1872, which had al
ready provided remedies to meet these extreme
cases. He thought that the ground taken by the
Governor and his friends was wholly untenable
and in support of his position made full quotations
from the acts ofl85l2) Ifhis Excellency had borne
these acts in mind, he would have seen that the
defects he complained Of had now no existence |
and he would not have made the recommendation !
embodied in his message.
Mr. Hawkins thought that one great cause of the |
out cry against the present system and the mystii-
cation and ncomprehensibility of the Law was that
there had leen two much Legislation on the sub |
jec an Agrarian spirit Of Legislation which had |
found its way into the General Assemblies for |
many years past Laws were not suffered to stand
long enough to be We'll known or have their merits
tested, before they were repealed. This continual
change was mischievous, and he thought it would |
be unwise to pass this bill, which was not needed
l had an imposing caption, which was calculated to
lead the attention away the from tue substanc of
the bill. But let gentlemen not stop at lie caption
but look into its provisions and see whether it
would have the effect, claimed for it by the Cover
nor and Others to shorten, cheaper and simplify
the administration of Justice Not like his friend
from Henry, who ready to vote for the bill,
without caring for its details; Mr., Hawkins then
entered in elaborate examination and exposi-
ton Of the provisions of the bill, with n view to
ollON lIldG Ille GUSTS, Oh law
suits would be greater under the proposed system
than under the present one 1t would multiply
petitions and wrts, and declarations and replica
tons and copies of all these documents and service
of said copies on all the parties every one of which
had its costs upon it. How would
this cheaper suits, or shorten their time? More
over, the joining in one action, would lead to so
many different causes of action would lead to so
many issues as to produce inextricable conflsion-
Mr. IL enforced his views and Illustrated the opera
ton OF the proposed new system at considerable
length: the results would be that parties. wearied
out without delays, worn down by endless htiga-
ton, and bankrupted by the enormous burthen of
costs, would withdraw in disgust and the end of
Justice would be defeated
He also thought that it would impose additional
abor and responsibilities on Judges and juries, and
brow host of difficulties in their way, in arriving
It Just verdict; and then there would be appeals
md new trials without end; and under the operation
If these difficulties might we not well ask in the
anguage of his Excellency, when will the end
,ome?"
"But reform and "simplifcation' are fine catch
words; lawyers use words that other men don't
so do physcians-why do not
hese gentlemen undertake to reform" and 'sim-
,lify the practice in the Medical profession? If the
itigant gets Justice what matters it to him wheth-
IT he understands the language Of the proceedings
,r not? He alluded to the threats of popular dis
held out against those who opposed the
,iL He repealed and defed all such denunciations