Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1859-10-28
! TENNEssEE LEGISLATURE.
SENATE.
TurPspkY. October 81, 1859.

SENATE
TuunspAr, October 81, 1859.
I'll. senate was called 10 OIde: at nine o'clock by
the Speaker.
RrpoRTs FROM STANDING COMMITTEES.
NJ WonD fran the Committee Ways and
Nee rstnrned Senate bill No 43, torequlre nisers
~ nav taxes on moneys not invested, ard recon-
mended ITS rejection -
Mr.. LANE. IRON the Committee on Banks sub
mitted the following report;
Tho Rank Committee, 20 whom was referred > ene'e
,iI NJ 8I entiied bill to release the State Bank
from the cosnter note system, recommend us re
re- Committee have also had under consideTa-
tion Senate bill No 49, 10 amend seetleH l GA,
cbspt-r 8, of the Code, and recommend the passage
If the same
ais, considered by the Committee, and handed over
| "a .be Sera or from Davidson, Mr. TrimoieJ 70
introduce bill to cover the prayer OF the petitioners
| and recommend the pass age OF the same
! The Committee have also had under consiaera,
tion senate pill No Al, to authorize the disposal
of the Gus pended debts Of the Bank Oh 1enhessee'
and recommend It's passage
RESOLUTIONS.
M ALLEN offered the following resolution;
BE rs,oIDsd BIZ the Senate, That the President OIL
the Rank of Tennessee be requested to furnish y
| the Senate now in session, full ana eomple'e
amount of money loaned paid directly or indreei-
w. for the General Government Tor the transports
ion Of the mails Otherwise; ana iuI'hef, ma
said President make his report IS soon as coilfe-
nient.
The resolution lies over under the rule
Mr., RICHARDSON offered the following resoll-
ton: -
o,cIocs A NJ. aud hold bat one session day, pro-
yided the same may not oe necessarily PTolohgeu
1 hevond two o'clock, p NJ.
On motion of Mr.. HORN, the rule was suspend
cd and the resolution adop!ed.
BILLS INTRODUCED.
Bv Mr.. PAYNE: No $50 regulate the tax on
Insurance Agencies. Passed first reading.
Bv Hr PAYNE: No. $50 require clerks o.
Courts to enrol proceedings as they are fled Pass
Bv Mr.. HORN: No. 57-To repeal section 6,o1S
of TIE Code of Tennessee. Passed FIRST reading an(
referred TO the special Conmittee On the Code.
To EMPLOY COUNSEL IN THE CONTESTED ELECTION
, CASE.
The resolution offered by Mr.. TRIMBLE on yes
terday was taken up, aud read as follows:
t Rssolvsd In the matter of the contested elecloI
NOW before the Senate the contestants each be al
e Lowed 10 employ counsel learned in the law, to sp
near bef5re tbe Senate, and argue their RESPECTIVE
ca ,es and that the expense thereof be p1id GU!
: | the treasury Of the State
: Mr.. HILDRETH moved to strike out so much
! he rnS
= | ont of the treasury Of the state
Mr. TRINlBLE said that the resolution ought I
mass This matter is taken up as the Senate IS SIT
- ting in a judicial capacity and not in legislative
\ The question involves constitutional quesuol
He thought the capacity OF Judge ana euVoS vocal
h Tho resolution it will be made to take the positio
" 81 canning here in the capacity both OF judges an
in advocates He asked if these two POSITIONS wer
II not entirely and utterly inconsistent WIN the oe
N of deciding q case correctly? How would IL 10
g. court of Justice for the judges to argue the case
tn hioh ore 6roHpht before them? How would 1t re
s, snIt take human nature it is? When ma
Of converts himself into an advocate II he convince
y, nobody else he is certain TO convince himself an
to oe CONVINCED by his own argument oil the eorfec
e ness of his position. Senators ougn' 70 oonslu'
ed themselves as far as possible, IN the poslt6n
e impartial iudges In this particular case, Gs2
oe ion one way or the other does not change the p
re ,iceI comnlexion of this body at all, but 1t Is
~ matter of the utmost importance that correct pr
r. ciden should be made and estaonsned, M
~ Trimble said he was pursuaded that II me Sel
: ate was 10 resolve itself as far as Possloie III
a iudjcial capacity, and have this eCRsutuhoI
al onestion discussed by able counsel, 1t YOU
mt come to clear and correct decision that could NJ
"a ba reaebed Otherwise The gentleman objects to II
its pavmeut out of the the Treasury. Is mere
lp- money value in this decision OF CONSTITUTION
M onast;nn9 The decisions Of al questions are e.
er nansve and il seems that of all questions th
he could be presented, the Legislature ought
om nav for the sett,emeut of Constitutional question
lk Whatever is reasonable and proper for the eucid
Ter tion of this question, the Senate ought to Vot
Ply Money Maid out for the settlement OF Constlt
TX ,iopa question is money paid out for the benefit
rs the st ts of Tennessee Again, is important ID
err this question should be argued here by gentlem'
accustomed to such uyestig atlons for tins reason
gu. Two able counsel should be brought lace TO la
~ | bafore this b5dy and then make their agument
IA a.; &c rarely haDUeQS that We
VI not able to see where the right is, even II we a
"a not able to see the chain of argument that leads US
m the right This is true at the bar, where lurles mo
il commonly decide right even when not July unde
10 standing the reasoning of the counsel FOR Tue
for reasons and in view OF the magnitude OF this que
1t ton. and for the public good, he had iptredoc
ice this resolution and upon other consideration
me Mr. HILDRETh said that he agreed with q
cks gentleman. except ia regard to the payment
RS counsel HI would be pleased to hear any laWye
it who ght appear before the Senate, out objected
ate their payment out of The Treasury
the Mr. STOKELEY said that the Senator from
en- v5son mir Trlmbel had ssid some very good thlnl
re but /; only confirmed him in the opinion that I
pc Senate ought TO have 10 lawyers to debate Il
say question. ills opinion in regard TO tins case w
III that Senators ought not to Soas up HeFe as az
Gates hut simply as inquirers after the cousituti
nP of the State There vas surely enough ability nc
aS a. 5etermine what the constitution requires IN
.n' card Ia this thing. 1t is question IN Whlen
- are deeply interested we ought NOT 10 al'o" any
le 70 lead ms sstrsy in this maitsr, Every man ous
YiV a iprura what the constiCtiUn requires OF
~! W. We otIght pol TO allow TO try 20 lnAuence
~" vbo are themselves interested by party feehng
,o at least by the interest Of the contestants ~
~, tSsv are EMPLOYED We should SIMPLY inquire wi
X constitution REQUIRES, and who has reserved
md Iar.ost number of votes by that constitution.
oks for one was opposed to paying men Tor conn
INST 49, ri discuss that question. We have airea
ou- IN fbo evidence probably, that these men "ou.u
bsv a. a., h-;rr before US We have also the oPln
9TH oS NE men on both sides Of the question.
be S-t oIgbt TO be able 10 come to unanlmeus
for oision on this questions otherwise ono pOi''ON
tent The Senate must puEjure themselves; .,,,;o,
pom Mr., sTOVALL moved to lay tne ree9iu'iOH
tbe table on which motion Ia -
Of 'N NJ TRIMBLE demanded the ayes anu nc
non IL IN ,-sre ordered and taken as follows
be ,-Messrs. Hiidreth, Lane, MINIS S ..
'ou- Ian PAYNE. Peters, Stanton, Stokeiey' 0'''
as III, and Speaker Newman.-ll.
UNI Noes.-Messrs All,n, Boyd, BradfGTo, p1o' 2.
-as Horn, Nash, Richardson, s'oKes' Aii'
q aI " TTbose absent we're Messrs. Hunter JOINS
pre- and McNeilly.] .,.h.t he
nav M STOKES, on giving his vote, said thar ne
Of sred IN state. that he believed that each OF IN
contestants had right to be he&rd' Dut S'1
concur in the opinion that they were ehtitsu "
5EEo from the Treasury for their attorneys
Mr.. RICHARDSON questioned tne tsussi