Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1858-03-05

It was the opinion of Mr.. Story, that the States
would not, upon sound construction Of the COnsti
tuition, if the question intsgTa be author
lied to incorporate banks-With power to oircula e
bank paper as currency Such, also, was Mr.. Web
sters opinion. Mr. Kent, however from whose
commentaries read, dissents, but says, "the pro
hibition does not extend to bills emitted BY indvid
singy or collectively whether associated under
private agreement for banking purposes, acting
under charter Of Incorporation, 80 long as the
State lends not its credit 10 sustain the circulation
Now, sir, how can the consttutionaliy Of the bills
Of the State Bank be sustained in the face Of these
decisions and opinions if the faith Of the State is
pledged for their redemptiont Nevertheless 1t
would seem that the charter and acts amendatOry OF
it do pledge the faith of the State in the language
Of this resoluton-Or at least attempt to do so.
And l can regard this resolution in no other light
than as expression Of opinion the part Of this
General Assembly it is adopted-tbat not only
the capital Of the bank but the credit Of the State
the property of the people is bound for the satsfac
ton Of The liabilities Of the bauk-thus bringing
the issues Of the bank within the prohibition Of the
! Federal Constitution
The resolution was then adopted
Mr. BRAZELTON moved a reconsideration Of this
vote and spoke against the proposition, alleging
that there must be catch in this proceeding.
Mr. TURNER Of Sumner, showed how this resO-
luton would impart confidence in the bank on all
hands, where the provisions Of the bank charter
was unread.
After further debate-the House refused to re-
| consider.
Mr. DAVE entered a motion to reconsider the
vote rejecting Mr. Kings bill No. 800.
THR LOAN BILL.
Mr. DAVIDSON moved to suspend the collection
rule" for the purpose Of enabling him to move t5
take up the Senate's bill, No. 207. He desired to
make it special order, and he demanded the yeas
and nays upon this motion, and ths same being
ordered and taken, resultei-yeas AZ, nays 24-as
follow:
Tsas-AIessrs. Anderson, Beale, Benton, Bicinell,
Bullock, Carter Of Carter, Cooper Davidson, Davie,
DobsOn, Dunlap, Estes, Ewing, Frazer, Fulton.
Cannon, Golladay, Griffith, Hamilton, Holmes,
lvle, kendrick, keeney, King, Lackry, Lloyd Maris,
Newman, ROultOn, RenshaW, Richardson, R0Wlss,
Saunders, Senter, Shrewsbury, Smart, stoval,
Summers, Turner Of ROaue, Wilson, White u huOx,
and Faughu-42.
Nays-Nessrs. Algee, Bsyless, Bentley, Black
burn, Brazelt0n, Caldwell, Cautrel, Carer Of H.,
Copeland, Harvey, Johnson, Lamb, Low, Mickey,
Randolph, Roberts, Rose, ST. John, SchmittOu,
Thompson, Turner Of Sumner, Williams, Wood and
Speaker D0nelsOn-2A
So, tWo-thirds not voting in the affirmative, the
House refused to suspend the rule.
The House then took recess till . o'clock, ?, u.
HOUSE OF REPRESENTATIVES.
WEDNESDAY, March 3, 1855
EVENING SESSION.
THE CODE.
The SPEAKER directed the Clerk to proceed with
the Code, and the Part XVIII being again read
through, it was considered and passed the second
reading-amended on the motion Of Mr.. TURNER
Of Roane, so as 20 include appropriately the words
[stackl cor shock"
PRIVATE BANKING.
The SPEAKER directed the consideration Of bills
in the Calendar on the third readng-the hrst be
ing Mr. Newmau's motion to reconsider she vote Of
yesterday rejecting Mr. Kings bill to suppress pri-
vate banking
The vote was Tec0nsidered.
Mr. DAVE proposed to amend by way Of bill in
Eeu-repealing the act Of lS27-aud regulating the
business Of brokerage, insurance, &c, with more
reasonable sanctions
The bin in lieu was rejected; and the question
REQUIRED on the third reading Of the bll-resuting
yeas q, nays 3l-sO the bill was rejected.
MINORS.
Mr. st. Johns motion to reconsider the vote Of
yesterday rejecting Mr. Estes bill (535) for the
better protection Of minors coming up-it was laid
on the table.
JUDGES.
Mr. Benton's bill C348) to amend the statute so as
to authorize reciprocal Service the bench between
ChanceIors and Circuit Judges, in cases OF incom-
potency, coming up-it was passed the third reading
yeas 90, neysO.
FEEs OF CLERKS, sHERIFFs, &C.
The Senate bill to regulate the fees of clerks and
other officers, and for other purposes, coming up on
the motion of Mr. GRIFFITH-by unanimous con
sent-it was considered, amended, and passed the
third reading-yeas AZ, nays y.
KNOXVILLE B CHARLESTON AND THE s0UTHwRsTERS
RAILROAD COMPANIES.
On motion by Mr. BICKNELL Cby unanimous
consent the House took up the consideration Of the
Senate's bill, to extend eight years time to these
railroad companies.
Mr. GRIFFITH proposed to amend, by adding a
clause giving eight years further time to the Ten
nessse Western and Charleston Railroad Companies;
which was agreed to and 50 the bill passed the
second reading, and it was referred to the committee
on internal Improvements.
SLAVES or JAHBs RANDALL.
Mr. WHITE Of KuOx's bill (3l8) fer benefit Of the
slaves of James Randall, deceased, coming uP-it
was rejected-ysas Il, nays 81
BLoUET COUNTY.
Mr. BICENELL's bill C346) for the benef. of
Blount county regulating railroad tax, coming up
Mr. WHITE of Knox proposed to amend, by add
ing clause allowing the county court OF Knox
county 10 give to the Sheriff Of said county such
compensation for collecting railroad tax as to them
shall seem Just and proper.
Mr. NEWMAN proposed to amend by adding a
clause smendstOry Of the act Of 1853 secure uni
formity in railroad reports to enable the roads to
conform to the law.
Mr. BICKNELL proposed further to amend, BY
adding clause 10 protect timber near railroads.
These amendments being adopted, the bill with
them was passed the third reading-yeas 81, nays /
SALE or LAND.
Mr. HENDRICKS bill l349J to change the act of
1914 chapter o. in relation to the sale Of land dis
trained for taxes not to require the sheriff to
describe, SC, coming up-it was passed over.
STEAM MILLS.
Mr. BEALE'S bill (35I) to amend the law in regard
to steam mills, coming up
8Ir BEALE proposed TO amend by adding: "PrO
Vided that such owners shall not take more than
oue-siEth Of the grain for grinding" which was
adopted.
The bill was passed the third and last reading in
he House Of RcPresentatives-yeas 81, nays 20.
BANKS.
Mr. TURNER Of Sumner entered his motion to re-
consider the vote Of yesterday, adopting the joint
resolution authorizing the Governor to employ ad-
litional counsel against defauling banks.
The House then took recess till u o'clock p. N. !
HOUSE OF REPRESENTATIVES
WEDNESDAY March 3, 1858.
NIGHT SESSION.
JURISDICTION OF MAGISTRATES.
Mr. GOIlaisy's bill (34j) to increase the jurisdio
ion of justices of the peace, coming up
rr0nOea#i k0 amend extending the