Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1857-12-12
SENATE.-EvEN1Sa SESSION.


THURSDAY, December 10, 1857.
The discussion of House bill to amend the crimi-
nal laws in regard to slaves continued, and the
bill was rejected. Yeas 10, nays 10.
Mr. MCCONNELL entered motion to reconsider.
The remainder of the evening was spent in read
ing the Code; after which,
Senate adjourned until 81 a. m. tomorrow.
HOUSE OF REPRESENTATIVES,.
THURSDAY, December 10, 1857.
EVENING SESSION.
THE CODE.
The standing order to wit: the consideration of
the Senaes bill 1867 to Revise the Statutes &C., was
taken up, and the Fourth Part of the same was
read through by the Clerk, and passed the first
reading.
PHILIP N. KIzER.
On motion by Mr. WHITE, of Hamilton, the
House took up the consideration of his bill (274)
for the relief of Philip NJ Kizer, security for D.
NJ. Lindsay, of johnson county released from the
judgment of $3.50, upon his payment of costs-he
having brought back the prisoner Lindsay and
submitted him to the custody of the law.
MIR DOBSON was satisfied, that KiZer had made
no effort to recover the prisoner till after judg
meut had been obtained against him in the Supreme
Court; and submitted that there must be more in
the case. He could hardly vote for the bill.
Mr. CARTER, of Carter, explained the case
showing that all diligence had been made to receV-
er the prisoner, who at length had been made to
suffer The penalty of the law.
Mr. R0WLES also stated the facts. Mr.. Kizer
asked for relief from the judgement on the ground
of equity. He was willing to pay the costs that had
accrued. 1t usual for the Legislature to extend
relief in such cases.
The bill was passed the third and last reading in
the House of Representatives, by yeas 81, nays !;
and it ordered to be transmitted to the Senate,
without delay, for their consideration.
ACTS AND JOURNALS.
On motion by Mr. JOHNSON the House took up
the consideration Of the joint resolution reported by
the Joint Select Committee appointed to authorize
the printing of the lawful number of copies of the
Acts and Journals of the present General Assembly
and to apporton the same for distribution amongst
the several counties of the State
Mr. R0ULST0N moved to provide for the distri-
button of fifteen copies in the county of Sc
quatchie which was agreed to-.
Mr. WHITE, Of Hamilton, propose to provide IN
the list for distribution the proper number IN the
ten civil districts in the county of Union; which
agreed to.
Upon various other corrections being made in the
apportionment the joint resolution was adopted.
BANKING.
The special order-Mr Folks bank bill-coming
up in the order of unfinished business
On motion by Mr. NEWMAN, it was postponed,
and made the special order again for Monday, De-
cember l4th.
LAW COURT OF CHATTANOOGA.
On motion by Mr. WHITE, of Hamilton, the House
next took up the consideration of his bill to estab
lish Law Court at Chattanooga-the question be-
ing on the adoption of the bill in lieu, reported
from the Judiciary Committee.
The bill in lieu adopted.
Mr. WHITE proposed to amend, by adding the
following in lieu OF the provso in the Committees
ann ntad in Ionn hnin fha rIadI 0f
said Court to the 14th civil districts
90 PROVIDED, That no citizen of Hamilton county
shall be liable to be sued in said court, unless upon
real actions over which said court may have peculiar
jurisdictions; and provided further, that any defen-
dant may waive his right to have his suit returned
before the Circuit Court Hamilton by acknowledg
ing service ofthe writ returnabe to said Law Court
at Chattanooga"
Mr. R0WLES said, the bill was recommended by
the Judiciary, reported in lieu 1t could not be
the Committees bill with that amendment The
object seemed to be to draw business into this court
from persons residing without the l4th civil district
in which Chattanooga is situated. He drew up the
proviso in the committees bill for the express pur
pose of preventing this-the same which was now
sought to be displaced. He read that proviso in
the bill reported. 1t is as follows:
Provided, That no person shall be liable to be
sued in said court, in any civil action, who lives
without the bounds of said civil district unless such
residence is in some other county than the said
county of Hamilton, in what case such suit may be
brought by any citizen living in the bounds of said
Fourteenth Civil district against q nonresident in
ssd county of Hamilt on; provided in any civil suit
party may wsive his right to have the cause tried by
the Circuit Court for Hamilton county and have the
same tried in the court for said Fourteenth Civil
district"
MrWHITE, of Hamilton, hadsubmitted his proviso
in lieu, and it had been approved outside of the COM
mittee room, by majority of the committee.
Mr. ROWLES moved TO recommit the bill and
amendment
Mr. WHITE proceeded to defend the provision he
had offered and to show wherein it is preferable to
the Committees proviso. The Committees proviso
would exclude numerous actions, from the Railroad
and the river, and carry it to Hamilton. He affirmed
that this change in the provision, demanded by
the large amount of business accommodating at Chat
tanoga; and it was unreasonable to compel men to
lose their remedy entirely by having to 60 to Hsmil
ton-a distance of thirteen miles-to court
Mr. ROWLES referred to communication from
citizens of Hamilton county residing outside of the
18th civil district requesting lot to be drawn with
their business into this Chattanooga Court of which
the gentleman from Hlmilton.w aware. 1t was .
distinct element of the BILL that the Of action
in said court shall originate with parties residing
within the 14th civil district. He showed that the
gentleman was in effect asking to draw business to
this court as to leave the Circuit Court at Hamt
ton with very little business, and all for the
benefit Of the town of Chattanooga
Mr. KING rehesrsed the action on the bill, the
committee, eoncurred with MIR Rowles in regard to
restriction to residents Of the county of Hamilton;
but on the other hand, he would also suthori1e al