Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1858-02-25

reservation line and north Of the Tennessee River,
to be located a. ~ cents per acre aud the fand /
arising from the sales Of those lands, and all the
State Tax to be collected those lands TO be apPro
priated TO a common shool FUND, aud by the act Of
1927 the legislature give to the common school |
fund halt Of the capital Of the State Bank The
money arising from the sales Of the lands in the
HiWassee District constituted the largest portion
Of the capital Of said Bank. In 1888 the Legisla.
ture give to Tire common school fund two thousand
dollars instead Of the State tax the land entered
under the act Of 1923 and subsequent acts, aud also
in ohartering the present Bank Of Tennessee, she
provided that the bank shall pay Onehundred thous
and dollars 10 the common school fund.- and by
subsegu snt enactment the one hundred thousand
dollars IS annually paid out Of the State Treasury
TO the different school districts together with other
school monies by the State Treasurer. IL Is true,
as stated by the report Of the Commissioners Rfore
said that By the act Of 1854 the Legislature give to
the 18th civil district in the counties Of Blount and
Monroe $4,000 for school section, that was not
laid of ny the Surveyor in the HWassee District But
your committee feel confident II the subject had been
materially examined in 1854 the act would not have
passed Your committee are Of opinion that under
the acts Of Congress aforesaid each township Of six
miles square in tn State was entitled 10 six hundred
and forty acres Of school land And your committee
are also Of opinion that the State has provided as
near as she could for the school land, without BANK
rupting herself to grant TO those citizens IN the
county Of Blount, living in the HiRassee District,
the value Of the school lands as reported hy sad
Commissioners which the Surveyor failed to lay Of
as directed Il would al bejustiee to other town
ships in the State, TO make similar provision for
them; and ia that event, your committee would feel
it TO be their duty 10 recommend the repeal Of all
laws giving any monies ont Of the Treasury to COM
mon schools.
Your committee recommend the adoption Of the
following resolutions.
RssolrsF That It'll iuexpedient to make any ap
prOpriat0ns out ofthe State Treasury to any OF the
townships in the State for the value Of the school
land that was not laid of under the several acts OF
the Legislature Of the State.
Mr. BICKKELL made statement in the case. It
was singular that whilst the right Of BlOunt county
to her demand to remuneration for their portion Of
the school lands was fully admitted, it was recon-
mended that no appropriation for her relief should
be granted, because every other county in the State
was equally entitled with her to q similar claim.
Blount county had made demand, the justice Of
which was fully admitted snd conceded both by the
Commissioners and Committee on Ways and Means,
but her claim was to be denied because other cOUn-
ties have the right of claim, and do not choose
to make their demand
Mr. ROULSTON. The people of Marion county
we're equally entitled with BlOunt to an appropria
ton this ground.
Mr. DOBS0N also argued the right Of these Con-
gressional townships fractional townships, and their
children to indemnity for the States appropriation
of these sixteenth sections 1t was more than
Justice for the State to restore that which she had
wrongfUlly taken from these children. 1t was an
insufficient and manifestly unsOund argument to
allege that an act of justice would bankrupt the
State.
Mr. DUNLAP explained and defended the report,
giving a succinct account Of the neglect Of the
original surveyors to lay of these lands and the
legislation thereon.
Mr. BULLOCK showed that East Tennessee could
have no Just couse of complaint account Of the
loss of congressional school lands considering the
advantage which she enjoys over the Western Dis
rist in the distribution Of the first appropriation Of
900 acres of University lands Besides, they had
slept longer upon those rights than Rip Van Wrinkle
is said to have slept in the Catski mountains. He
also spoke at length.
Mr. BICKNELL reiterated he ghteogsness ofthe
demand Of East Tennessee in the case. To vote
concurrence in this report would be to vote away
right, which the honorable committee admit to be
well founded. SC, He hoped the House would not
concur, but allow the subject to be recOmmitted,
with instructions to report indemnity.
Mr. RICHARDSON. The committee believe, that
if the lands had been sold the time Of the surveys
they would not have done so much for schools, as
these people were now receiving from the State for
school purposes. He commended the exposition Of
this case by Mr. Dunlap.
Mr. DOBSON spoke again. The question was
! narrowed down TO q question Of e1pedlency and
policy against the right. he was glad Of the init
nation that this report should be printed Il would
be invaluable to these people, a clear admission
| of the justice and righteousness Of their claim
agsinst he State Of Tennessee.
Mr. WILSON. The committee made such con-
| cession Their simple statement was, that under
the act of Congress they would have been entitled
&C. Bot now they insist that, since the lands were
not sold of to them, the State Of Tennessee had
! amply remunerated them.
/ The yeas and nays being demanded and ordered
on the question Of concurrence in the report, re-
! suited yeas so, nays 10, as follows:
Tsas-Messrs. Algee, Bate, Bayless, Bentley,
/ Benton, Blackburn, Bradford BrazetOn, Bullock,
Cantrel Carter of Carter, Carter Of Hardin, Coop
er, Copeland, Davidson, Davie, Dunlap, Estes,
! Ewing, Frazer, Fulton, Cannon, Hamilton, ilar-
ney, Holmes, Ivie, johnson, Keeney, King, Lackey,
| Lamb, Lloyd, Low, Msris, Mickey, Richardson,
| Roberts, Rose st. John, Sanders, Schmittou,
! Shrewsbury, Smartt, StovsIl, Summers, Williams,
! Wilson, Wood, Vaughn, and Speaker DOnelsOn--5O.
| Ngys-Messrs. Anderson, Bieknell, DobsOn, Ken
drick, Randolph Roulston, Renshaw, Senter, Turner
! Of Roane, and White of HamiltOn-l0
| So the House concUrred and the resolution was
| adopted
INCOBPORATIoEs.
! Mr. DAVIDSON, from the Committee on Ineorpo-
rations reported amendments TO the Senate bill No.
! 81, recommending its passage, together with the
bills Of the House Of Representatives, Nos. 81, and
| ls6.
| JUDICIARY COMMITTEES REPORT.
| Mr. KING, from the Committee on the Judiciary,
returned the bill 2OO) for relief of taxation, &C.,
and 3S8 for protection Of Minors and recommended
| rejection. He asked that the Committee be dis
charged from the consideration Of the resolution No.
a. and the resolution for relief Of Larkin Garden;
and recommended the passage Of the bills numbered
S2-times of holding the Chancery Courts; 8S-time
of holding the Circuit Courts; 329tO diminish free
| bank paper; 188-unclaimed dividends OfInsurance
/ Companies; l74-wanton and malicious mischief;
/ 249-protection of physicians; Decentralization Of
will deeds, &C.. 0-illegtimates to inherit; 345
increase jurisdiction of justices of the peace; 300
! prevent circuity Of actions; 343-amend act Of
| January 20, 1874, Oh. 126, sec. l.
| PEEITESuARY.
| Mr. BRADFORD, from the Committee on the PEN
itentisry returned and recommended the rejection
Of the bill No 1872 and petition No. Z and submitted
| A written report-representing the general good
condition of the Penitentary, and the fidelity Of the
keepers: and submitting also their information, that
! the number of eongicts exceed 300 exceeding the
/ number of cells much as to require upwards
of fifty TO be doubled into single ces and that the
Committee believe such crOWding and confinement
! during the summer months would be productive of
| disease They therefore recommend the eOnstruo-
ton of additional temporary cells-lookiRg ulti-
mateIy to removal Of the Site the construction of
/ a new Prison, sc.
The report was ordered 70 De entered upon the
| journal.
| NORTH WESTERN RAILROADS.
The bill lin lieu Of 1881 for the consolidation and
relocation Of the lines of the Nashville and North
western Railroad, the Memphis, Clarksville and
Louisville, the Mississippi and Tennessee Central
Railroads, with amendments, coming up as the spe-
! cial order
Mr. DAVE proposed to amend by way Of bill
in lieu TO authorize the consolidation, relocation,
&c, of the Nashville sndNOFthWestern Railroad and
the Memphis, ClsrksVille and Louisville Railroad,
proposing $4,000 mile, and aid Of $4,000 per
mile on the distance saved by consolidation, &c.
Mr. Schmittou moved indefinite pOstponement OF
the bill in lien.
Mr. DAVE showed that his substitute proposed
saTing Of from $500, 900 to 100000, and proposed
also practical connection with our system Of Rail-
roads. He showed the advantages it proposed over
those in the original bill.
Mr. WILSON alleged that similar proposition
had been already voted down. BE was unwilling to
DO the grading and then also provide the rolling
stock.
Mr. ALGEE moved the indefinite Postponsment
Of the bill in lieu and the original bill which
motion failed.
M SCHNITTOU moved the indefinite postpone
ment of Mr. DAVIES bill in lieu.
Mr. DAVIDSON asked the member from Dickson,
70 yvithdray the motion He Wishedto have direct