Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1859-11-10
TENNESSEE LEGIsLATURE.
HOUSE OF REPRESENTATIVES,.
TUESDAY, NOVEMBER s, 1859.
AFTERNOON SESSION.

/
TUESDAY, NOVEMBER s, 1852
AFTERNOON SESSION.
Al the time of taking he recess Mr.. Trewhitt ha,
the floor, the question being on his bill Il. r. so
to prevent the crime of seduction. The JudiciaJ
Jones and Mr.. johnson had offered amendments, al
recited in the forenoon proceedings.
Mr.. TREWHITT did not expect that young gen
tlemen upon this floor would ridicule the principles
OF this bill The original bill is simply an amend
ment Of the criminal law upon the subject of sedue-
ton, and provides that the offender shall DO con-
fined in the county jail not less than four more
than twelve months The bin in lieu projects from
seduction all women Of every station in life; while
the original bill is intended 10 preserve the chastity
Of woman and not the person; butrsiher than have
no smendment to the Law, be would support the bill
IN lieu; although he believed the provisions Of the
original bill would save the courts from many in
stances Of unjust accusation. He had never
defended man upon this count but who had re-
jOiced the downfall Of his victim: while the
unfortunate subject, in many instances, would
destroy her own life in consequence Of her shame.
He 6cud eOnins the criminal in the penitsAtiary
for life, II be had il 10 his power. He hoped all
the amendments to the bill would be voted down,
and that it be allowed TO pass originally intro
duced.
MIR. JONES believed there was too much perjury
already committed in the land and that the bill held
|
themselves. He offered his amendment out OF no
jest or ridicule, and if gentlemen would come up
like Plato and reason upon the solid mster OBJECT
question, he thought every member would agree
with him. He thought the 5ill would operate IN
| justly toward the young men of the State-he was
here az advocate OF the young men, and as one who
should oppose all laws that would militste against
any class Of ctizeus-sn6 he so believed IN this
instance, he should oppose the passage Of this BILL
| unless his amendment was adopted.
! Mr.. JOHNSON offered his amendment to the bill
in lieu because he believed that when this crime is
committed, there IL no punishment sufficiently Sc
we're 10 be melted out to the guilty party and that
the punishment prescribed by the Commuters bill
is not sufficient Tie who is guilty of this Of
fence is guilty Of offence that is greater than
any now described upon statute books. You
have laws upon the statute book that will incareer
ate in The Penitentiary poor who steals q
i crust of bread to keep his starving children from
! death, but the man that will take from a woman
that which is her priceless em you only propose 10
| punish by fine Of $50, and imprisonment for not
! less than four, more than twelve months. His
amendment proposed TO make the crime Of sedue-
sfelony, and to cOufne the criminal in the PEN
tentiary for not less than twelve months nor mors
! than five years He demanded the yeas and nays
on the adoption o. his amendment. l.ll3
Mr., MARTIN believed it 10 be the object Of the
Judiciary committee to introduce bill that should
! strike between the two extremes. No man viii
agree that the perpetrator Of the crime Of sedue
ton shall 90 unpublished. The committee say that
! any man who commits this crime upon a female
auy age shall be p2nished while the original bill
only protects females under sixteen years TIE pun
! shment proposed by the gentleman from Greene
&c. Mr. Johnson1 inflicis so severe penalty that
conviction would be difficult, especially where the
perpetFatOr Of this crime should be the son of
wealthy man, We Favored the comm tees bill in
lieu and thould vote against the amendments.
Mr.. CALDWELL, could not agree with the gen.
tleman from Wilson Mr.. Marin that the amend
ment Of the gentleman from Greene, Sc proposed
too severe punishment. If there lie an evil which
demands Legislative action, let give it penalty
that will bring it into disrepute at The ne
cessity seems to be apparent for stringent en-
aetment upon this subject He would sooner see tue
perpetrstor Of this crime punished by confinement
in the penitentiary, than 20 sach punishment in
licted upon the midnight assassin, Gentlemen
conceive shat offenders in such deserving
to suffer the higher tpenslty, but object to making
the law severe for fear that ii might not be carried
out He should favor the amendment of the gen
tleman from Greene &c., for it would have a re
strsining effect upon the community, and do more
than anything else to lessen the frequency Of such
crime. Let Us make the penalty prOportiOnats to
the crime and make it felony at once. ..
Mr.. SHREWSBURY thought the committee ought
+, give definition in their bill to this thing, hen
they cav fit to make it crime Ii is a ihisg which,
by the laws Of England has been crime, nor
considered any thing more than 9 tre'pass. lie
believed that seduction should be made crime,
and the punishment made propOrtionate to the Of
fence, and hence he thought the comnittees bill
about right; and that it would have sslutary ef
feet in promoting the morals Of the eouatry.
Mr.. HARRIS opposed the amendment Of the
gentleman from Greene, &C., Mr.. johnson, be-
cause he did not think the couniry was prepared
fer it now. five make the penalty too severe there
is danger Of doing wrong. This crime may be COM
mitted and all the fault be not with the
Mr.. SENTER was opposed 10 the spirit Of the
bill and the amendments. and should vote against
the amendments and the bill.
The yeas and nays were ordered on the adoption
of Mr. Johnson's amendment, and being taken re-
suited yeas 80, nays S5-as follows:
YeGs-Messrs Armstrong, Barksdale, Bennett
Bcknell, Brszelton, Butler, CaldSsll, COwden, Da-
yidson DDsk, Farley, Ford Frszier, German Guy
Jones johnson, Kincaid. of Claiborne, Lockhart
Mayfeld, McCsbs, Morris, Nall, Richardson, Ire
whit, revitt, White, of Davidson Whitmore, Will
ame, of hickman, and Woodard--30. is
Nays-Messrs Baker, of p, B Iyess B saty BledsOs,
BriltoD, Oheaihsm, Critz, Davis, Dudley, ,Ess. Ew
ing, CAN'T, Gillespie, Greene Harris, Hsyron, Hurt,
Ingram, Kennedy, Kincsid, of Anderson. Lea, Mar
tin, Morphs, Norman, Porter, Roberts, Russell,
Ssnter, Shrewsbury, Smith, White, Of Dickson,
Will una, Of KuoE, williamson, Woods and Speaker
Whitthorne.-35. r
Mr. BENNETT, when his name was called, said
hat he was satisfied the sevsrer punishment should
be imposed upon the seducsr. He did not believe
that jury could be found that would bring IN q
verdict of guilty against the injured feelings of
parent who would take the law in his own hands and
destroy the destroyer of his daughter. He voted
"aye."
Mr. JOHNSON, when his name was called, said,
he was surprised to gentlemen upon this floor
voting against making this Ofsnse felony, when
upon yesterday they voted to make it felony to
| take up the dead body Of child which would he
1aoA V,of1 To- h. e.
emen legslating for the protection Of the dead and
refusing to protect the living -a.
So, the amendment was rejected.
Mr.. CHEATHAM said that although be had voted
'nO' On the question just decided he was as much
ia favor of Furnishing the crime Of seduction as any
gentleman He then msde an ineff sctual motion to
reconsider the vote just taken.
Ar. MAYFIELD proposed to amend the amend
ment by adding the following: Provided, however,
that this fine shall not be binding upon the courts
ia civil actions for this offence.
Mr.. JONES demanded division of the question
on his amendment.
Mr.. BENNETT desired TO further amend by pro-
viding further that if the man seiucing shall mar
ry the female with her consent il shall release him
from the penalties Of this act. ,
Mr.. DUDLEY desired to amend the first section of
the bill as follows: -.... ..-.-
Be enacted By The General 1sssnbly of The State Of
| IeHasssee That when a married or single man by
false promise Of marriage by any other false or
fraudulent pretence device, oVerreaches and de-
bauches any single woman, shall be guilty Of the
crime of seduction, and shall be confined in the
State PeniteDtiary for period of not more than Eve
years in the Jail of the county where the defend
ant may be confined such time and fined insuch sum
the jury may, in their discretion, fix and deter
mine.
And then
90 morton, the House adjourned till tomorrow
morning 81 O'clock. H'0 iF
nv NV