Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1858-02-06

/ Ndys-Messrs. Algee, Anderson, Beale Bieknell.
/ Benton, Brazelton, Bullock Carter Of O., Cooper,
DOdsOn, Dunlap Ewing, GOlladsy, Hamilton, Holmes,
Ivie, Keeney, Lloyd, Nancy, NeWbern, Randolph,
Reulston, BenshaW, Richardson, Saunders, Sentsr,
| Shrewsbury, Stanton, White Of Hamilton, White
of Knox, and Ysughn--82.
! Mr. CALDWELL, when his name was called,
begged 10 be INDUCED il explanation Of his vote.
BE did not desire that it should be inferred that he
was not in favor Of the admission of Kansas under
/ the Lecompton constitution. He was for that, OF
any other constitution, if the people Of Kansas
presented IT, and he thought it would be an abuse Of
/ power in Congress to refuse to admit Kansas be-
cause her constitution established slavery. Congress
ought not look into her constitution, further than
to see that it is republiean-but according to his
construction and the plain letter Of the Democratic
| platform, Congress might inquire whether that
stituton was formed By "the people acting through
the legally and fairly expressed will of majority.
That INQUIRY involved disputed questions of fact,
! which this Legislature called upon to decide
without proof Our delegates IN Congress had be-
fore Them or could get the proof either side, aud
were better prepared to decide the question for as
| than this Legislature for them. His position was,
that it was improper tie up the hands Of our dele
/ gates BY instrucing them to do that, which, with
better knowledge OF the facts than this Legislature
i has they might think it improper 70 do. He would
declare the principles enunciated at Cincinnati and
instruct delegates to apply those principles TO
I toe facts. He expressed confidence in the admins
tr0tfOn, ana was MlllluRs anu uOuOlSu not MS con
stituents we're, TO leave the determination of the
question to his representative, relying confidently
on his superior knowledge Of the facts his patriot
! ism aud loyalty to the South.
J Nc STOVALL when his name was called, ssid
Mir Speaker: Il 10 well we'll known that when the
1 House Resolutions of the purport under
consideration, refused 70 vote to instruct Sen
eors and request our Representatives to vote for the
/ admission OF Kansas under the LeeOmpton Constitu
ton, because thought, and still believe, that they
know better than we do whether the act creating
! territorial government for Kansas has been legally
carried out OF not They have all the facts before
! them. We have not. Should We give them such
instructions they would be deprived of ali discre-
tion and could not act according to the honest die
tates Of their own judgment as inhuen ed by full
knowledge Of all the fsois-an the papers. In
fact sir the full history of this whole Kansas con-
troversy is in their possession within their reach
while we arescaled upon to instruct them without
having access TO any reliable satisfactory
| of information. Il does seem to me, Mr. Speaker,
that under such circumstances il is improper tie
up their hands by instructions Should they not
think it right to carry out such instructions they
| would bso bund to resign their seats and return
home If sir, we were as well informed upon the
subject they are-if we could here have 8 full
view Of all the facts, there would be nothing i'm
proper in this course, but where from the very ne
| eessity of the case they must know more Of the
| history Of the whole difficulty than we do, can
see no propriety in the passage Of these resolutions
For one, sir, have this to say: know nothing of
the Lecompton Constitution. have never seen il; do
know whether it is republican in its form or not;
nor whether the people Of Kansas want that COnsti
| tuition or not Under these circumstances, were
to instruct them, it would be o case Of the blind
dertaking to lead those who see. They represent
] the same people that l represent; they know the
feelings and wishes of that people as well as I do,
and will no doubt strive to carry out those wishes.
| For one, have entire confidence in my Represen-
tatives and feel perfectly safe in leaving them Free
! and untrammeed by instructions.
! The other day Mr.. Speaker, when the House Re
solution on this subject under consideration,
voted my approval of Mr.. Buchanan, and his views
but for the reason above given, was disincned to
vote for that part Of heresolutiOns which contained
| these instruction. I endorsed Mr. Buchansn's,
views because had seen and read them for myself
/ And if sir had ever seen the Kansas Constitution,
| and other documents connected with the subject,
should be prepared 10 express an opinion now, con-
! corning it. As it is do not desire to vote blind
folded on this any other subject Of such inpOr-
! lance
want the people Of Kansas to settle their affairs
in their own way, if they comply with the oonstitu
ton of the United States, and the act giving them
territorial government And feel fully satisfied
that our Senators and Representatives will examine
the whole matter, much more fully than do with
the lights before ne. Let it 60 before them-to be
acted upon in accordance with therbest Judgment
untrammeled by any instructions Whatever-snd
! neltheu l. nor you, nor any DOuy nesu rear any
danger. For these reasons, Mr. Speaker, do not
feel disposedto support this resolution.
Mr. SAUNDERS, Mr. STANTON, Mr. WILLIAMS,
and Others also explained their votes.
So the subject was referred.
SESSIONS OF NINETY DAYS.
Mr. BRAZELTON asked and obtained leave to in
troduce a resolution as fellows:
Whereas, The Legislature Of the State of Ten
nessee has, under the pTeaent constitution, the
power to hold intermediate sessions. Therefore
Be Il resolysd, &c, That the constitution OfHthe
State Of Tennessee be so changed to limit these
sessions Of the Legislature to ninety days.
Which resolution lies over under the rule.
REVISED CODE.
The Senate resolution directory to the committee
on the Revised COde-coming up, it was considered
and adopted.
PROCEEDINGS AGAINST BANKS.
The Senate resolution directing the Attorney
General to institute proceedings against the Bank
Of East Tennessee, the Miners and Manufacturers
Bank, and the Farmers and Merchants Bank, was
considered and adopted.
CHANGE OF NAMES.
The Senate amendment to the bill to change t he |
namo of Hannah High SchOOl-changing the name |
Of 'Heydenstriker and "Ham"-Wss cOncurred in. |
COAL soRIP-CITzENs' COAL COMPANY.
On motion by Mr. Nancy, Mr. NeWman's motion |
to reconsider the vote of yesterday, passing the
Ter of the Citizens Coal Company Of Nashville,
taken up.
Mr. NEWMAN objected to that provision of the !
bill giving the said company privilege to issue |
scrip based on wood and coal, and not confined to /
the city of Nashville.
Mr. Nancy. The single object of the bill was to /
enable the poor of the city of Nashville to purchase
coal at reasonable rate, at all times Of the year
This scrip was not representative Of money, but /
simply of wood and coal.
Mr. DAVIDSON 1t was banking privilege as |
far as it went If the company should not happen !
to be in situation to pay, the holder Of their scrip
would loose He wanted to vote for the BILL but he
wanted first to see that property restricted and |
guarded which was to have the sanction Of the Le-
gislaturs Of Tennessee.
After further debate
The vote passing the bill was rsconsidered with
out a division.
The bill was again read through by the Clerk.
Mr. TURNER Of Sumner, moved to refer the bill
TO the Commi tee on the Judiciary.
Mr. NEWMAN proposed the Committee on IncOr-
pOrstiOns.
The latter motion was agreed to, and the order
made accordingly.
FRAUDULENT VOTING.
Mr. CALDWELL's bill 1897 to prevent fraudulent
voting Judges of election may inspect ballot Of
voters residing the civil district, &C., coming
up, with an adverse report from the Committee on
Elections
Mr. CALDWELL submit ed bill in lieu, to OBJ
viate constitutional objectOns-judges, on challenge
may require answer on oath, whether he have name
or his ticket for officer or officers, for whom
he is not entitled TO vote,
Mr. RICHARDSON proposed to amend the amend
ment prescribing that no person shall be permitted
to vote out Of the civil district in which he resides
Mr. CALDWELL submitted constitutional OBJ
lection, to Mr. r IS amendment.
Mr. RICHARDSON showed that it was not in con-
fict with any provision Of the constitution.
After further debate by Messrs ST JOHN, CAN
TRELL, CALDWELL, BULLOCK, BICKNELL, and
STOVALL-
Mr. BULLOCK suggesting an amendment to Mr.
Richardson's substitute requiring the voter to vote
in his own district at the county elections,
Mr. CARTER Of Hardin moved to lay the subject
on the table;
Which motion was agreed to.
The House then took recess till two o'clock,
P. NJ.
HOUSE OF REPRESENTATIVES,.
SATURDAY. January 30 1888