Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1858-02-14
TENNESSEE LEGISLATURE.
HOUSE OF REPRESENTATIVES,.

I slderaIlOn, as matter supelee0eO
GIN. wM WALKER.
HENDRICKS resolution Of yesterday, inviting
Gen. VIM. Walker to speak on Niearaguan affairs,
and rendering the use Of the Hall for that purpose
coming upiu order
and the yeas and nays being demanded and taken
| thereon. resulted-yeas 81, nays Gas follow:
! Ysas-Messrs. Bale, Bayless, Bentley Blackburn,
Brazelton, Csntren, Carter Of Hardin, Copeland,
Davidson, Dobson, Dunlap, Cannon, Griffith, Ham
/ ltou. Harvey, johnson, Lamb Msris Mickey,
Roberts, Rose, RoWles, Schmttou, Smart, StOvall,
Summers Turner Of R0aue, Turner Of Sumner,
Il Wilson, Wood, and Speaker DonesOn-3I.
/ NaVS-Messrs. Anderson, Beale, Bieknell, Bull
lock, Carter Of Carter, Fulton, Holmes, Kendrick,
] Keeney, Lackey, Lloyd, Nancy, Newman, Randolph,
Roulston, Renshs8, Richardson, Saunders, SenteT,
Shrewsbury, White Of Hamilton, White Of Knox,
and Vaughn-23
So the resolution was laid on the table.
/ CHATTANoOGA AND CLEVELAND RAILROAD.
On motion by Mr. WHITE of Hamilton the bill
235l for the benefit Of this road, taken up and
passed the second reading
CoLUNBIA ATHEYEUM, &C.
The Senate amendment TO bill (lS3) 10 charter
| MoLain's acknowledgements the Columbia
Atheneum--Wss considered and eOueurred in.
Mr. I'VE and BENTON asked and obtained leave
have their votes recorded against the passage OF
/ the Bell resolutions &c
Mr. BULLOCK had similar leave. He voted against
the Kansas amendment-aj sserse u legisla,Re IN
/ structiOns, simply.
MIR CARTER Of Carter had leave to record his
vote in the affirmative the adoption Of the amend
mentor the admission OF Kansas under the Le:omp
/ ton constitution.
! RUTHERFORD ANDCOFFEE-DAYIDsoNAN AND RUTHERFORD.
The Senate amendment to the bill l4O)-chang-
ing the line between Rutherford and Coffee, coming
up under the order of unfinished business Of yes
/ terdsy-
! Mr. TURNER Of Sumner proposed to amend the
/ Senate amendment, By adding proposition to re-
peal that part of the act Of Feb. 4, lS4S chapter
i45, page 2O6, entitled act to alter and change
the line between the counties Of Greene and COcke
and prescribing that the line between Davidson and
Rutherford, be the same as it was before the pas
sage Of said act Of Feb A. lS4S chap 145, aid that
the citizens thus set off 0e entitled to vote respec-
lively in the civil districts in Rutherford, and in
which they voted previously to said act and they
shall retain all the rights and privileges which other
citizens Of Rutherford county have. He submitted
also petition of 81 citizens of Davidson, alleging,
that they had been set off from Rutherford against
their consent; which was read
Mr. RICHARDSON opposed this amendment to
the Senate's amendment by various considerations
taken at some length-chiehy from the eonsdera-
ton that the proposition scheme cOncOcted
by Democrats in Murfreesboro for political effect
alleging that 1t his rule to vote for the change
Of county lines only when it desired by the rep
resentatives Of the counties interested that he had
never originated such proposition himself, sc.
Mr. TURNER Of Sumner, replied, denying for
these 81 petitioners, the charge Of political sehem
ing, sc.
Mr. VAUGHN alleged that these petitioners of
Davidson county were holden, in justice, for their
share of the Davidson railroad debt-and gave it as
matter Of information, that Davidson county was
already ascerained by actual survey, to be below
her constitutional limits.
Mr. EWING proposed to amend the amendment Of
IL IL
that Davidson county shall have her constitutional
area, after the change in contemplation is made"
Mr. TURNER of Sumner commended, then, that |
from opposition showing Davidson county had been
reduced below her constitutional limit by the cree
ton of Cheatham county, and that, therefore, the
erection of Cheatham county void ab tEihO, and
that being the case, the change proposed in his /
amendment would not reduce Davidson below her /
constitutional limit. he moved TO lay the amend |
ment TO the amendment on the table
The yeas and nays being demanded by Mr. EWING, /
and taken on this notion resulted-yeas 90 nays 81.
Several gentlemen explained, and Mr.. ALGEE |
stated that ne had paired of with Mr. Newman.
So the House refused to lay the table, and the |
question required on its adoption.
Mr. SPEAKER DONELSON (NIr Davie in the
Char) stated his understanding, that the annulment
the act creating Cheatham, now in process of
legal investigation, made the amendment of the
gentleman from Sumner pertinent and proper
Mr. RICHARDSON stated that this portion of
Davidson was set off from Rutherford in 1888, upon
g petition Of upwards Of sixty persons, he believed
There might have been three or four persons resi-
ding in the territory, so set of, who did not sign
that petition.
Mr. TURNER Of Sumner alleged that the act of
1847-S reduced Rutherford below the constitutional
area and this was simply proposition to repeal
an act which was unconstitutional sc.
Mr. I'VE had made an estimate from the tax col
lector's books, and believed Rutherford had a con-
stitutiOnal area. He spoke against Mr. Turner's
amendment, as proposition that would work signal
injustice Rutherford, and argued In favor Of Mr..
EWings amendment.
Mr. ROWLES alleged the uuchallenged fact, that
Rutherford was reduced below the constitutional
area BY the act of lS47-s, sc. He wished to throw
the whole question open to Judicial inquiry. He
proposed, and resd for information, the following
additional prOvisO
Provided that the legal or constitutional right
of Rutherford county, to any portion Of territory
heretofore taken from her and attached 10 Davidson
county is not to be affected or preudiced, but TO be
open TO Judicial enquiry as amply as if the above
proviso had not been enacted"
Mr. RICHARDSON We are satisfied up in Rutber-
ford on the constitutional question.
Mr. BEALE alleged thgt there we're 81 counties in
the State without q constitutional area
Mr. THOMPSON showed the issue between the
allegation Of the gentleman from Rutherford Mr..
and thOse67 petitioners Of the county
of Davidson &C. Davidson county had been col
right, SC.
Mr ROWLEs submitted whether Mr. Ewing would
accept his proposition as an amendment of his pro-
visO?
Mr. EWING declined.
Mr. GOLLADAY denounced the amendmen as an
attempt to gerrymander for democratic represen-
atve for Rutherford, &c. BE replied 10 Mr. Thomp-
sOR.
Mr. TURNER Of Sumner, said
Mr. Speaker: In offering the amendment to .
l.
and Rutherford and the petition of the si1ty-seven
petitioners who ask for this change desire to make
simple explanation Of my reasons for doing so.
This amendment simply repeats the act Of February,
8, lS4S taking this territory from Rutherford
lnd placing it on Davidson county, and these peti.
toners say that they placed in Davidson county
against their wishes and ask the passage Of this
amendment a simple act Of justice TO them, h8v-
ng been cut of from one and placed on the other :
county, for some purpose not known to those whe
lid 1t, and against the wishes Of those men who e
we're Interested 1t is said that 1t is very strange
hat this amendment and petition should be pre- 7
3eRted by me, and not by Of the Representatives
from those counties. To this have to say that the
reason for it is very obvious for though any of n
hem would have presented the petition, yet these
petitioners could have been heard here this
question by them; because, all these Representa-
ives are against it and will oppose it, and no man
If common sense or shreWdness, will ever select
opponent Of measure to present and pass it
through a legislative assembly.
1t Is urged by the gentleman from Rutherford,
hat this is done for political effect. cannot say
What effect this will have on the political complex
on Of that county, but do know that it will be re-
oring to them their rights, and il the reparatiOn
If an injury wrong does effect the question po-
iticaly, cannot help it. The lines Of Rutherford
county have been changed several times as believe
md am informed for political effect and if gentle
men paid back in their own corn, and it hurts
hey must be philosophers enough to grin and bear
{. know that in lS43, large slip from William .
ou county was added to Rutherford to keen its / !,
politics right and that it carried through the a
legislature by strict party vote This slip from 2
not quite sufficient to keep things Il
light and in lS4S, democratic corner must be cut e
If, and DOW propose to place them in statu quo.
The senior gentleman from Davidson says if this 3
passed, they will file bill to set 1t aside, because
reduces Davidson below its constitutional limits
let them DO SO if they wish. l cannot be intimi-
lated or scsred off by any such threats Davidson
county is, doubt, below its proper limits, but it
sme by permitting Cheatham county to be formed
nd the act creating that county is clearly unconsti- e
uIional, and Davidson county must look TO it to -
IA ke M the deficit of territory. The act which /