Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1858-02-09
TENNESSEE LEGISLATURE.
HOUSE OF REPREsENrArYFs.
TUESDAY, February 2, 1858.
The Journal Of yesterday vas read.

I VT GANAAELL presented the peltlQu OF some
twelve persons, citizens Of Cannon county, praying
TO be attached 20 DeKab and in pursuance thereof,
Mr. CANTRELL introduced a bill (Ne 46) TO
change the line between the counties Of Dekalb
and Cannon, which was passed the first reading.
". C. PURCELL.
Mr. STANTON introduced bin no. 4l9) for the
relief Of W. c. PURCELL which was passed the first
reading
KN0xyILLR AND CHARLESTON RAILROAD.
Mr. BICKNELL introduced bill no. 42O) to ex-
tend time 10 the Knoxville and Charleston Railroad
Company-[eight years. which was passed the
first reading.
SECRETARY AID TREASURER OF STATE, CLERKS AND
MASTERS OF THE CHAsCERT COURTS.
Mr. ESTES resolutions proposing to change the
State Constitution TO make these officers cleo
tive by the people, coming up
Mr. BICKNELL proposed to strike out that por-
ton Of the resolutions which relate the Offices of
Secretary and Treasurer Of State.
Mr. ESTES. Was the gentleman afraid to trust
his self governing constituents with the choice Of
! these officers?
Mr. BlCKNELL. His constituents had as many
officers TO elect they had time to give 10 the
ter Of elections; and he had introduced this in
cOrdance with the will and wish Of his constituents
Ar DAVIDSON. The Secretary OF State should
be appointed by the Governor, prevent the incOn
| gruity Of having Secretary Of adverse politics
Mr. ESTES alleged that this al D ointment principle
Of the choice Of officials IN this country 70 every
Inau who has a head and a heart In the State.
AIR DAVIDSON illustrated the bad working Of the
popular electiye principle applied to the Seere
/ tary Of State.
Mr. ESTES. Would the gentleman from Lincoln
move amendment to strike out the Secretary?
| Mr. DAVIDSON. Yes.
! Mr. COOPER moved indefinite postponement of
] the resolutions and amendments and the yeas aud
! nays being demanded, ordered, and taken thereon,
| resulted-yess %, nays As;
| So the House refused to postpone and the CUES
ton REQUIRED on Mr Bioknelrs motion TO strike out;
and the yeas and nays being demanded and taken
thereon resulted-yeas IA, nays 90;
SO the amendment was rejected
Mr. DAVIDSON now moved to strike out 'seere-
| tsry of State"
Mr. ST0VALL moved to lay the subject on the table;
and the yeas and nays being demanded and taken
thereon, Tesulted-yeas 80, nays 81;
So the House refused to lay the table, and the
question required on Mr. Dayidson's motion.
Mr. DAVIDSON knew it was unpopular in q man
to vote here against making officers elective, but he
did think the Secretary Of State should be made an
exception to the general rule.
The amendment was rejected without divisions |
and the question required on TIE second reading |
resulting-yeas ~, nays 28-as follow:
Ysas-Messrs. Algee, Bayless, Bentley, Black |
burn BrazeltOn, Csutrell, Carter Of Hardin Cope
land, Dsvie, DObsOu, Estes, Fulton, Cannon Cola /
day, Griffith, Hamilton, Harvey, Holmes, johnson, |
Kendrick, KeeDey, Lamb, Lloyd, Low, Mickey, |
Newman, Randolph, RenshaW, Roberts Rose /
ROWles Saunders, Sehmittou, Senter Smsrtt, Stan
ton, Summers Taylor, Williams, Wilson, Wood, and /
Speaker Donelson-42.
Ndys-Messrs. Anderson, Bate, Beals, Benton,
Bcknell, Bradford, Bullock, Caldwell Carter Of Car
ter, Cooper, Davidson, Dodson, Dunlap, Ewing IYe,
Lackey, Nancy, Maris, ReWb bern Roulston Rich
ardson, ST. John, Shrewsbury, Stovall, Thompson,
White Of Hamilton, White OF Knox and Vaughn
-2S
So the resolution passed the second reading in
the House Of Representatives.
QUADRESSIAL SESSION.
Mr. STANTON'S resolution for a change Of the
Constitution, so as to require quadrennial sessions
Of the Legislature, coming up-the vote thereon
stood-yeas "A, nays Pas follow:
YsGs-Messrs. Algee, Anderson, Bate, Beale, Bent
ley, Bicknell, Blackburn, Bradford, Brazelton
Caldwell, Cantrel, Carter Of Hardin, Copeland,
Dsvie DObson, DOdsOn, Fulton, Griffith, Hamilton,
Lsckey Lamb, Lloyd, Low, NeWbern, Newman,
Randolph, ROulstOn, RenshaW, ROWles, Saunders,
SchmittOu, Senter, Smart, Stanton, Stovsll Sum.
mers, White Of Knox, Wood, snd Speaker Donelson
Al.
RGys-Messrs. Bayless, Benton, Bullock. Carter
Of Carter, Cooper, Davidson, Dunlap, Estes Ewing,
Cannon, IVie, Nancy, Maris, Mickey, Richardson,
Roberts, St. John, Shrewsbury, Taylor, Thompson,
Williams, Wilson, White Of Hamilton, and Vaughn
PA
So the resolution passed the second reading in
the House Of Representatives.
TOWNS CORPORATE.
The Senate amendments to the bill Of the House I
,l3l in relation to sundry charters of towns were
considered and conourred in. t
MOUNT PLEASANT SEMINARY. 8
The Senate amendment to the House bill (26O,) {
to charter the Mount Pleasant Female SemiDary,1
Was considered and cOncurred in.
TEE HERMITAGE.
On the motion Of Mr. RICHARDSON, Cby unani- y =
nous conseRt,) the House now took up the bill from
he Senate giving further time for the General Gov
rnments acceptance Of the Hermitage for a mili- /
airy school
Mr. RICHARDSON proposed to amend the bill, :
y inserting twOyears instead Of " Ons; which :
yas agreed to:
And so the bill passed the second reading.
CONVENTIONAL RATE INTEREST. 2
The House now returned to the Calendar, and il
OOk up the consideration of the bill (9) to establish
conventional rate Of interest-ths Committee on o.
be Judiciary recommending rejection. a
The bill provides that the legal rate of interest b
hall be per cent, except the contracting par Il
les shall sgree-not to exceed 10 per cent per an
UNI. Of
Mr. KING read the 9Th section of the 18th article il
the Constitution a. The Legislature shall fix the tt
ate of interest, and the rate shall be uniform d.
throughout the State which decided him to vote "a
Commute against the bill, whilst he confessed p'
nat his individual preference was in favor of the
i'll. st
Mr. BEALE. Mr. Speaker: As is known to this Il
ouse am not in the habit of taking up its time la
making lengthy speeches upon the various sub tn
cts acted in this bOdy-nOr do intend in the af
resent instance to depart from that rule. But hav
& had the honor to introduce this bill into this 70
ody at early day of the session, and majority be
the Judiciary Committee having recommended 81
rejection, feel it to be duty incumbent upon TO
e. to make few remarks with regard to it, giving al
e reasons which induced to offer this bill in bi
is House, and which, whatever others may think eli
them, at least sufficient to satisfy my own w
ind that its principles right and that it ought BIZ
become the law Of the land. 60
Whatever may be the fate Of this bill-whatever hi
Inclusion gentlemen's minds may have come to do
Jh regard to it-Whether they think its passage no
1Uld be promotiVe OF the public good not, hope
er member this floor, will deem it Of sufficient to
porance to claim his most earnest consideration, to
d to receive careful investigation in this Juse 60
ID do hope, therefore, that if there is member gO
re who has made up his mind to oppose this BILL far
will resort to no parliamentary maneuvers in set
der TO defeat it. but viii suffer it to be fully in Of
stigated that the decision upon this question mo
BY be the enlightened and deliberate sense Of this cit
Ouse. 9th
Sir two questions are involved in the considera WI
Of this BILL as indeed of every other subject of sn
,islstiOn; first to its constituOnality. Second
to its expediency 1 ask the attention Of the pas
use for short time to few remarks on each of "
,se First them has the Legislature the oonsti- thl
iOnsl power to establish conventional rate of est
crest such as is proposed in this bill? And will OF
now once for ALL that if had the slightest sus- TO
ion, that the passage Of such act would be per
stve Of either the letter or the spirit Of the aho
luton, would never have introduced this bill lssJ
atever might have been my notions to the ex- an.
iiency necessity Of such Law, and il shall SIT
Tome convinced this subject during the debate ous
iOh may arise on this bill at any stage l shall Its
andOn it at Nov, sir, aware that there uno
provision Of the constitution which first glance VIZ
ud to deprive the Legislature Of the power pro
PASS this bill But think if any man will take tan
pains to examine the language there employed Die
will be easily convinced, that this bill is not in IN
lsisten with that clause Of the constitution I'M ana
the only construction which can for moment OBJ ton
The constitution Of the State provides that feel
ne Legislature shall fix the rate OF interest and who
rate so established shall be equal and uniform "a
oughout the State" tnei
The Legislature shall fix the rate OF interest" sinC
r. sir, I submit whether the word Fix" in the elsl
stitution can have the meaning attributed to it. Hne
those who think the bill before the House is Dill
.,st;t,tio,oI Understand from tbat IangDags sms
3 tbs Terislotrfra Is re0uired IN fly a Dy