Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1857-11-29
HOUSE OF REPRESENTATIVES,.
FRIDAY, Nov. %, 1857.
EVENING SESSION.

to the consideration Of the second part OF the Sen
ates bill 1885,: To revise the statutes Of the State
of Tennessee; and the same was again read through
| by the Clerk.
During the reading, Mr. ST JOHN proposed to
amend, by striking out the provision which, under
the title Agricultural Bureau" authorizes the Bu
reau to furnish charters to the County Agricultural
Societies.
The SPEAKER, mir BullOch in the Chair The
Legislature declares the County Societies to be bodies
corporate and polite
Mr. ST JOHN. But they do not obtain their char
ters from the Legislature, but the Agricultural Bu
reau.
MIR ROWLES. If the gentleman have objection
to the report as presented by the Joint Committee
of Revisers, it would facilitate business for him
make memorandum Of his objections, and introduce
1t as distinct proposition, and So not embarrass
the reading by propositions TO amend. Hereafter,
any such proposition can be brought before the
House, and if it shall be thought proper to PASS it
into law the revisers be directed TO incorpor-
ate it into the Code. l hope the gentleman will
withdraw his amendment.
Mr. ST JOHN. Withdraw the motion.
The SPEAKER. That would be the proper course.
1t is the opinion of the Chair, however, that the
last section read the objection Of the gentle
man from Cannon.
Mr. POLK. At another point in this reading
moved to strike out the section prescribing the du
ties Of the Chairman of the County Court II struck
him. that that section recreates in the person of the
Chairman Of the County Court, the office of County
Judge.
Mr. BULLOCK. There was this difference: The
County Judge was clothed with power to make
ders for the sale Of large amounts Of property, The
Chairman Of the County Court has such power.
The County Court may have that pOwer-not the
Chairman. The Committee and the Reyisers deemed
that there should be some person specially charged
with the supervision of the county revenue. The
old law stood this way: The County Court might
Il,
cers-they might do this or they might not and the
Commissioners appointed, might 1ail TO discharge
that duty; and in many cases of neglect, both on
the part of the County Court and their Commission
ers, the county officers have had the whole revenue,
without any check The Revisers deemed some
provision OF that kind as indispensaby necessary.
IL gave the Chairman no other extra power, except
that as c. airman OF the County Court, he shall SUI
pervIse and protect the county revenue, so that
money should be paid out without his warrant.
There was nothing here proposed by way of COM
pensating the Chairman for this service except
1t may be voted by the County Court.
Mr. POLK called for the reading of the section
again; and the reading being had he affirmed, that
whilst the Clerk read he had been looking over the
Act Of last session prescribing the duties and powers
Of the County Judge, and had found them to be
was copied here verbatim from that act
which the people had repudiatedand the Legislature
had repealed
Mr. DUNLAP represented at length the necessity
and wisdom of the provision.
Mr. BLACKBURN seconded the objections sub
mitUed by MIR Polk.
Mr. POLK. Under the old law, these powers were |
conferred upon the County Judge: Under this, it is
with the Chairman of the County Court and the two
MIR. ROWLES. The charge is not that it tends |
10 su0Vert the interests Of the county, but that !
it reenacts the Office of county judge and that the
county Judge has been tried, condemned and execu-
ted l., too, during the brief time was befOTa my
constituents as candidate, told the people that if
honored by their choice should vote for the repeal
OF the county judge law. l have voted here; and
IN advocating this provision, do not consider my
self at all departing from the faith of that pledge
Ii was the othce OF county judge that tried at
Lhe par OF public opinion, and conference.-the
power that he exercised Judicial officer, not as
a financial agent. Under the old law, the county
udge had the settlement of all accounts with admin
strators, executors and guardians. He had juris-
henon Of cases Of application for DOVER for par
ltlon OF real estate; Tor sale Of real estate. lie
1ad power to partition and distribute property I'M
Ter Will. he had jurisdiction of the sale of ne
yroes, in order that the proceeds might be distrbu
ed; '1d he bad jurisdiction, as judge, in divers
'ther cases. Now, why was 1t that public opinion |
was a, inst him as judge in these cases? Because
ne once, IN great many instances, was not filed
~ legal man, man who had made the law his
study, and become acquainted with It's elementary
principles and practice; but often by men who had
never studied law at sll-Often by justice of the
peace The consequence was, that the people con-
huered their interests unsafe in his hands. The
ustlce OF the peace, under the former law, could
nave the assistance, and act under the advice and
counsel OF his associates and would be better pre-
Jared for correct decision; but here as county
udge, ne was suddenly elevated TO position where
he was oonged to act alone; and the consequence
vas, that numerous errors were committed.
1t was the ONCE OF County Judge, andits functions
Tna not nr1g hng 49, /
BESIDES these function of his Office The Countv Judoe
lad sundry hancial duties. have never understood
hat there complaint about the performance of
lis financial duties. On the other hand under this
ill., the Chairman Of the County Court is TO take
barge of the county business alone He has no
judicial powers conferred upon him. He only acts
5 supervisor, to a certain modified extent. He is
o have the of the county property, except in
asses where it is specifically entrusted to other
ands-such as the Court House, and the instru-
lents, books and papers belonging 10 hls Office;
nd he Is 10 audit all claims for money against the
ounty. He audits the accounts OF the County Trus-
ees, the Assessors and Collectors of the County
revenue, and In short the account Of whOsoever
resents claim for payment they all presented
the Chairman Of the County Court and he audits
hem To audit implies to settle what is actually I
ne. He sees that the claim is based upon proper q
ouchers and authority. lie then enters the same
l his warrant book, noting number, amount, and {
anne of drawee, in each case and he is to balance
ne accounts of the county semi annually He is
lere financial sgent of an accounting character. f
lie has no jurisdiction conferred upon him to decide
ny cause whatever, and mis- acts are at all times
nder the supervision of the County Court Now, !
ask gentlemen in all esndor and fairness. Is this
icer chosen by the Magistrates anything like the \
ounty Judge?
Mr. TURNER, of Sumner, moved TO lay Mr. Folks v
otion on the table: and the yeas and nays being r
ordered and taken thereon, resulted L
cas- 81, nays q, as follows:
Yeas-Messrs Agee, Anderson, Bate, Bayless, Ii
eale, Bentley, Benton, Brazelton, Bulloch, Cald
ELL Cooper Dsvie, Dodson, Dunlap, Ewing, Frazer, 7
Dimes Ivie, Kendrck, Keeney, Lackey, Lloyd, Low, s
aney Maris, Newbern, Renshaw, Richardson,
OWES, Saunders, Shrewsbury, Smart, Stanton, Il
urner of Roane, Turner OF Sumner, Williams, Z
hite of Knox, and Speaker DonelsOn-57'
NGys-Messrs Blackburn, Bradford, Carter of h
arter, Copeland, DObsOn, Fulton, Cannon, Cola P