Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1859-12-10
KwrEssEE LEGISLATURES.
senate
SENATE
FnIDAr. December 9, 1859.
The Senate was called to order at nine O'clock

4
e Committee on the Judiciary. without reading.
Mr. LANE offered a resolution. of which he gave
ltice Yesterday to rescind the rule of the Senate
royiding for one session day.
The resolution adopted by IS ayes upon
vision.
Mr. RICHARDSON offered the following resolu-
on:
Resolued Ly the General Assembly of he State Of |
tennessee That whenever the holders of the notes |
n the Exchange Bank Of Tennessee shall present |
hem for payment to the Comptroller. he shall issue
warrant on the Treasurer to the holder of such |
totes or TO his agent for the amount of the same,
md the Treasurer shall pay the amount out OF any
norevs iuthe Treasury not otherwise appropriated
PrOuidsd always that the notes thus presented for
payment shall bear on their face evidence of hav-
ng been issued according to the requirements OF the
net passed in 1872, regulating the business Of
banking in Tennessee.
On motion Of Mr. RICHARDSON, the rule requlr-
ing resolutions to lie the table one day, was sus
pended and the resolution taken up and referred to
the COMMITTEES ON the ldiciaTy.
BILLS INTRODUCED.
Mr.. MCCLELLAN: Nc 1870 establish Cir
emit Court ut Fall Branch Passed first reading and
referred to the Committee on the Judiciary.
By Mr. STOVALL: NJ l64--Te incorporate the
Hickory Grove Academy in Weakley county. Passed
first reading and referred the COMMITTEES on FRI
vate interpretations.
UNFINISHED INTERPRETATIONS OF tOtstNS-
The unfinished business 81 yesterday, being the
consideration of Senate bill (Mr. PetersD No 81 TO
prevent the marriage of cousins of the first degree
was taken up and read as follows:
A Bill to prevent the marriage OF Cousins OF the
first degree.
Be Henaced By lte General Assembly Of the Stdte q
Tennessee That from and after the list day OF March,
1860 1t shall not BE- lawful for persons who aIe
double first cousins even cousins OF first degree
whose parents brothers or SISTERS. or brothers
and sisters, to consumate "A marriage contract anu
any such marriage contract cOnsummatcd IN tins
State after this act takes effect shall be entirely
null and void
BE Il further enacted. That if any County Court
Clerk shall issue marriage lcence to party wilhih
the purvewof this act cause the same to be done
knowingly hall be guilty OF amlsdemealor ana upon pom
proof of the same, shall be fined in a sum not less
than two hundred and fifty ESQ nor more than one
thousand (l0OO) dollars.
Mr. PETERS said In the remarks which shall
make let it not be forgotten. that in enumerating all
the ills and Affections following in the course OF
affiliated marriages, do not by any means hold that
these marriages are the only sources of those mel
anehoy maledies. My object is to show that the
offspring of such incestuOus intercourse are more
obnoxious such casualties aad that the percentage
is larger among such persons than among the fruits
of ordinary marriages.
We find among the transactions of the American
Medical Association, lengthy report embracing
eight hundred and seventy-three observations OF
marriages of cOnsangunity of various degrees OF
relationship, furnished from the following States
to-wit
u bV Maine by Vermont A by New Hampshire
81 by Massachusetts, 81 by Connecticut 81 by New
York "a by Pennsylvania, 80 by New Jersey, by
Delaware by MARYLAND, "A by Virginia, Ii by
North Carolina, by South Carolina, 30 by Georgia
% by Alabama, Ii by Mississippi, by Arkansas, s.
by Tennessee, 1871 by Kentucky 81 by Missouri, Il
by Illinois, 10 by Indiana, Is by Ohio, "a by Mich
igan AZ by Wisconsin
OF these there are ten eases of brother and hal
sister twelve of uncle and neIce, or aunt and ne
Dhew: sixty-one blood relations. who were alsC
defendants of cousins twenty of double frs
cousins six hundred of first cousins one handrel
marriages of second cousins thirteen of thrC
cousins and thirty of first cousins without any
! special history.
This report goes on to show that the Offsprings o
| such marriages are by one hundred per cent more
liable to consumption, scOfula epilepsy, commissions
hydrOcephalus, and other hereditoTy diseases thai
the offsprings of persons who are not relatives.
Of the ten marriages OF brother and halt slste
! there were thirty-one children born in the aggre
gate; of that number twenty-nine were defective
to-wit: nineteen were idiots, one epeliptic, tiv
seofulous and eleven others deformed one family
of five children all idiots, one of seven children si
| could not speak so as to be understood.
Of the twelve marriages of uncle and neice, o.
aunt and nephew there were in the aggregate fifty
three children of this number forty were defective
to-wit one deaf and dumb, three blind born, three
and the other nineteen elective, were deformed ii
some way.
Of the sixty-one marriages of cousins, VIII
were themselves the offspring of kindred parents
there were born 2I7 children. Of these ther
were defective 1913 o-wit: were deaf mutes, l.
born blind, 81 idiots, insane, epileptc, Al wer
scrofulOus and % detOrmed.
Of the twenty-seven marriages of double frs
Cousins there were l54 children born. OF these
there were defective. AZ, to-wt: were deaf ana
AI,nIA Hiaf1 = yrnrp
tic IA scPofulous and II determines in some way
Of the six hundred marriages of first cousins
there were born 2 ,S}S children. Of these S39 wer
defective to-wt: l22 were deaf mutes, 90 born blind
24O idiots. 36 insane, 70 epilepuc, and 2Ol scrotu
| lous and 1856 more or less deformed.
Without continuing the investigation in the widen
ing range of relationship we find that the per cen
of the defective offspring lessons as we get farthe
from the parent blood. Thus III the lnceStuous II
tercourse of fether and daughter, two children Dor
| are both deformed and scrofulOus. In another, o
| a man and his grand daughter. produced one chlld
4 an idiot. Here the depravlty Is complete In III
marriage of brother and half sister, the per centag
of defective children is 93j. In the incestuous maj
riage of aunt and nephew, and uncle and niece, tn
per cent is 754.. In the marriages of cousins, WIZ
! are themselves the offspring of relatives, the pc
cent is 53S In double cousins the per cent IS q =
In the marriage of cousins OF the first degree, tn
| per cent is 24.9. So that as you recede from tn
identity of the parent stock, the proportion OF tn
def s.ive decreases.
OF the l2j prOmscuOus marriages, where the pa
! rents were not related there were born S3I chi
dren Of these Is were detective, tOwit: ; wer
deaf mutes born blind idiots, insane, epllef
| tic. l scrofulous-a little over per cent,
From the foregoing it is evident there Is the neces
sty of law to prevent this alarming state of affairs
Now, sir, the existence Of grievance OF some KIN
or other has been suggestive OF every law IN lore
in all governments, and the necessity OF amelOfa
ing that grievance of whatever nature it may hav
been has hitherto elected the attention of Legsla
| TIRES and evoked from such bodies enactments
project the rights of persons and property, TO re
press crime, TO restrain the vicious and to promot
the general welfare and prosperity.
But while they have generally given to the tn
| governed a good code of criminal and civil laws
they have culpably permitted the usages of soclet
to course their way utterly reckless OF the ca
| lamities which custom has entalled upon the huma
family by incestuous marriages, thereby toleratin
one of the most runOus evils to mental and hysica
development that has ever invaded the sanctuary Q
! the domestic reatOn-one that has been practice
from the earliest history, and which now prevail
to greater or less extent believe, IN every cour
try upon the face of the globe. The trans
| gressor of divine laws has suspended over hiI
| the wrath of 0mnipOtence; the transgressOr of hu
| man laws has the penalties of those laws allOtte
him; the transgressOr of hygiene laws prOmotive O
| health and longevity, t0-wit: the mebrlate and tn
debauchee must suffer all the ills which follow i
the train of premature old age, inviting an earl
decay; and the offenders against the laws of prOpa
cation (Creating the grievance Tor winch TINS Dill
| provided have visited upon them the terrible cor
seriousness of having riYeted upon their unofendin
oflsprings either physical or mental Gegeneracy, o
| both together. And whilst your Legislatures hay
! loaded your statute books with laws providing
| against all other orders of nuisance, this most i'm
| portant and most neglected subject, affecting tn
| welfare of families and whole communities has gOn
| on unheeded, spreading its blight through ever
| grade.of civilization.
| For ages these ncestuOus marriages flor such the
are) have been spreading their pestiterous cankeI
| and although the frequency of marriages OF cous
ms have fsmiliarized mankind with the unrighteou
| practice and has somewhat reconcied public opir
ion to its Odium, yet upon close examination Q
/ the subject, they are emphatcally more mcestuOu
in cases OF double first cousins, than marriages
| brothers and halfsisters, union of which III TIN
| are of civilized progress would startle everybod
| and fix the finger of scOrn upon the guilty perpe
ira .ors of such acts for life Nevertheless sue
marriages of half brothers and sisters however IT
| voting they NAV appear, have one half of toreig
element in the parties, and are really less lnceStu
| ous than a union of double cousins, whose parent
are brothers and sisters all their elements const
| tuting an identity of constitutional material with
ont one sinol, new accession aid in reconstruct
ing their progeny
The moralist who may have been bold enough a
any time arraiyn the propriefy OF sueh marriage
as offensive the laws of decency the laws OF pro
! pagation and the laws OF proPriety' mas been pan
alvsed in his efforts by the absence Oh any leSsla
tive enactment support and give tGne 10 ms Gauss
This sir. is a su5iee3 which addresses ltselt I
every philanthrops!, because the eVlis 1oioWlhs