Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1858-02-16
TENNESSEE LEGISLATURE.
HOUSE OF REPRESENTATIVES,.
THURSDAY, Feb. II, 1855
EvnE1Se SESSION.


Mr. RICHARDSON moved call Of the House,
which discovered quorum.
PERSONAL rxPLANAuoS-DAvIDsoN AND RUTHERFORD
Mr. DAVIDSON Cby leave) made personal ex-
PLANTATION, and said: Mr Speaker: 1t will be recOl
ieoted by the House that stated, while the propO-
sition, offered by the gentleman from Sumner, to
attach portion Of Davidson county to Rutherford,
was under consideration, in the forenoon, that in
1913 the people living in this section OF country
had petid0Red the General Assembly, citizens Of
Rutherford county, 10 be attached 10 Davidson. 1
also stated that there were upwards Of 60 names to
the petition and that IL was presented in one House
the other Of the General Assembly, did not re-
member which
The people now asking to be re-attached 10 Ruth
erford county, live in the same country, and ask
that they may be sent back 10 Rutherford county,
from which they were taken without their consent.
Now, sir, have found the facts in the case since
the adjournment Of the House; and on the LIST rem
ruary, lS4S, these people had petition presented
TO the House Of Representatives, 81 in number,
by Mr. Burness praying to be attached 10 the county
Of Davidson.
By reference to Senate journal, ls47-S, page 500,
find:
"a message from the House, by Mr. Mitchell their
clerk-Mr Speaker, I am directed and do herewith
transmit to the Senate, petition No. 2O5, from Ga
citizens Of Rutherford county praying to be al
tached to the county Of Davidson.
On page 600:
"Mr Neigs moved to amend House bill 200, by
adding section . attaching a portion Of Rutherford
county to Davidson county. Tie question was taken
on ne same and decided in the affirmative by the
following vote:
"Ysas2Messrs. Bradbury, Bratcher, Heiskeu,
Henry KYLE, Mcclure, McKoin, Meigs, MINIS,
Muiriead. Richardson, Roach, Rowles, Shaw, Thorn
burg, Tyler, and Yenable-[l2 Wings Demo-
crstsl-l7.
s.Nays-Messrs. Britton, Cooke, Dean, Haynes.
Jones, and WiliamsOn-[5 DemOcrats-l Whigl
-6.'
THE CODE.
The Speaker directed the Clerk to proceed with
the Code and the Part XIII of the Senate's bill,
No Sc, being again read through was considered,
and passed the third reading in the House Of Repre-
sentatives-yeas 90, noys 4-modiied on motion by
Mr. GRIFFITH and Mr. ROWLES, by inserting ap-
propriaely the words Sin favor Of the plain
tiff" and striking out s'for the benefit Of all the
plaintiffs united, with respect to the law pre-
scribiug the record OF one order Of sale in cOnnec
ton with the plurality Of judgments and execu-
tons taken at the time with regard to parties
in the same cause; and further modified on the mo-
ton Of Mr. THOMPSON, by striking out that por-
ton which reQUiressherifs and other collecting OH
GERS 70 collect twelve and half per cent damages
on the forfeiture Of a delivery bond; aud further
modified on the motion Of Mr. BULLOCK, by striking
out and inserting: 'cOnstRbles, who may reside
not be required advertise at the court house door,
except in cases where slaves have been levied upon"
and further modified on Mr. BULLOCk'S motion, by
inserting appropriately, the words: "When a Judg-
ment is had against sheriff. coroner, or constable
and the amount Of the judgment has been paid
by his sureties the sureties are entitled, at their
risk TO issue an execution for their benefit upon
the original Judgment and the words, ''The JUS
tice Of the peace shall endorse on the judgment
at whose instance it was sued out, and take bond
and security in sufficient amount for thecosts and
damages which may accrue"
DAVIDSON AND RUTHERFORD.
The SPEAKER now directed the pursuance of
the order Of the unfinished business Of the morning
the question being on the adoption OF Mr. EWing's
amendment to Mr. Turner Of Summers amendment,
&c.-prOviding that Davidson county shall not be
reduced below the constitutional area
Upon which amendment the yeas AID nays were
demanded and taken, resulting-yeas 30, nays 81:
so the amendment was rejected; and the question
uOnCOncurred on Mr. Travis, amendment
Mr. RICHARDSON Tehearsed his statements and
explanations in the case heretofore given,
Mr. CANTRELL gave his view in favor Of the
amendment.
The yeas and nays being demanded and taken on
its adoption resulted--ycas g., nays 3O-as follow:
Yeas-Bate, Bay less, Bentley, Blackburn, Can
trel Cartero Hardin, Copeland, Davidson, DobsoH,
Estes Fulton Cannon Griffith, Hamilton, Harvey,
Smart, Stovall, Summers Taylor, Thompson, Tur-
ner Of Roane, Turner of Sumner, Williams, Wilson,
Wood, and Speaker Donelson-o2.
N4gs-Auderson, Beale, Benton, Bicknell, Brazel-
ton, Bullock Carter of Garter, Cooper Dayie, Dun
lap Ewing, Frazer, Holmes, Iyie, KendriCk keeuey,
King, Lloyd, Nancy, Randolph, Rouston, Renshaw,
Richardson, Saunders, Senter, Shrewsbury, White
Of Knox, and Vaughn-3O.
So the amendment was adopted
Mr. VAUGHN gave notice, that he should askleav
to protest, on the Journal against this proceeding
The question recurring on concurrence with the
Senate amendment attaching portion Of Coffee to
Rutherford as thus amended, and the yeas and nays
demanded and ordered thereon resulted-yeas 81,
nays 30: so, the House Concurred.
On motion by Mr. ROBERTS, it was ordered that
the bill, as amended, be Immediately transmitted
again TO the Senate.
Mr. BATE asked the House to take up Mr. Algee's
bill for the benefit Of the Northwestern Railroad
Company.
Mr. ALGEE objected.
The House then adjourned till to morrow morning
nine O'CLOCK.