Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1859-11-19
TENNESSEE LEGISLATURE.
SENATE.
FRIDAY, November Is, 1859.

FRIDAY, November Is, 1859.
+ The Senate was called to order at nine o'clock ,
4 ae Speaker, and was opened with prayer by tn
! Rev Mr.. Red
REPORT FaOM COMMITTEE ON THE JUDICIARY.
Mr.. MINIS, from the committee on the Judicia
ry, submitted he following report:
"a The judi oIary Com mittee hsve had under consid
er tiOn Senate bill NJ. 2 entitled "a bill to smen
r. he Code" aud ai0o Senaie bill No 81 entitled IA
ct t. repeal section 5 378 Of the Code of Tonnes
see F" These bills contemplate the same thing, tn
repeal of that part Of the Code authorizing defen
lants in criminal to take dispositions. Tn
Committee recommend bill in lieu of both thes
bills, entitled "a bill to amend section 5,378 o.
he Code" The bill in lieu proposes still to Civ
defendants this right, but to guard against frauds
md the Committee recommend the passage of th'
bill in lieu.
The Committee have also had under considers
ton House bill No 35, $40 establish the Seventh
Chaneery Division Of Tennessee" They recon
mend the accompanying amendment, and with tht
amendments q majority recommend the passage Of
che bill.
They have also had under consideration Hons,
bill No. H. "To repeal sections 1885, inclusive tC
,S9l, article J. chapter 9, part 8, Of the Code
majority of the Committee recommend bill il
lieu "Au act to amend sections 1856, 1887, 1888
ss9, $50, and ,89l of the Code" and majority
Of the Committee recommend the passage of the bill
in lieu, Mr. MINIS dissenting from the opinion Of
the msority of the Committee being in favor of the
House bill.
BILLS INTRODUCED.
By Mr.. MCCLELLAN: No. II4-To encourage q
proper organization of the citizen sOldiery in this
State. Passed first reading and referred TO the
Committee on Military Affairs.
# BY Mr.. STANTON: No. 1l5-To authorize At
torneys to celebrate the bonds of matrimOny. Pass
ed first reading
By Mr. STANTON: No. lI6-TO allow Notsries
Public to take dispositions in any county in this
State. Passed first reading.
By Mr.. ALLEN: No. II7-To change the time of
holding the Circuit Courts in Henry and Hum
phreys counties in this State. Passed first reading
By Mr.. BRADFORD. No. 1IS-To place the sale
Of liquors in incorporated towns, under the control
of the people. Passed first reading.
RESOLUTIONS.
Mr.. STANTON offered the following resolution j
Whereas, it is contemplated by the present Legis
ature to change the system Of holding the Circuit
Courts IN this State as to nave Dny two terms of
each Court in the same year, therefore,
Bet resolved, That the Judiciary Committee areI
hereby requested to prepare and bring forward al
bill regulating the times for holding the differentI
courts Of the several counties consistent with the
system above mentioned
On motion Of Mr.. STANTON, the rule recurring
resolutions to lie over one day was suspended
The resolution was then taken up and rejected
Mr.. STOVALL offered the following resolution:
RESOLVED By the Senate and House Of Representatives.
That the Agent of the Penitentiary furnish to the
two houses Of the General Assembly, written
statement of what will be the probable cost of in
closing all the prison grounds; also the cost of
erecting suitable saeshouse for the sale of all
manufactured articles; also the cost Of erecting
such other shops msy be necessary for the use Of
the institution, and what portion of The labor csn
be performed by the cOnvics, aud the amount that
will be required to be paid out of the treasury for
the same.
On motion CT Mr.. STOVALL, the rule requiring
resolutions TO lie day was suspended, andg
the resolution was taken up.
Mr.. PETERS offered an amendment to the reso-
luton, which read as follows:
And also, the COS; of hospital building ade- 4
quate to the requirements of such building"
The amendment was adopted, aud then,
The resolution thus amended was adopted.
TENNESSEE REPORTS
Mr.. MINIS resolution Iofered yesterday in 5
STRUGGLING the Committee on the Judiciary to take
Unto consideration the propriety of having publish
ed new edition Of certain reports out of print
was taken up and adopted.
HOUSE BILLS ON THIRD READISG
No. 11-To repeal section 1856. inclusive, t.,
z, o9l, section l, chapter 9, part 3 of the Code.
The bill recommended by the Committee on thee
Judic airy adopted in lieu.
Mr.. MINIS offered an amendment to the bill )
which was read as follows:
"sEc. 3 That no defendant be required to plead s
on osh unless the plaintiff make oath to the factsH
stated in his declaration"
The amendment was adopted.
On motion of Mr.. STOKES, the amendment was &
amended by inserting after the word plaintiff ~
the words ''or his attorney agent
The bill as thus amended was then passed, ayes
III, noes O.
No $50 establish the Seventh Chsnoery Divs-
ion Of Tennessee.
The amendments proposed by the Committee were
adopted s.
After various Intellectual efforts to amend and to <
postpone to q day certain,
The bill passed, ayes 16, noes 8 as follows:
Ayes.-Messrs. Allen, Bumpass, Horn, Hunter,
johnson, Lane, Minnis Mcclellan, McNeilly, Pc
ters, Richardson, Stanton, Stokes, StOval Thomp-
son and Speaker NeWpan.-16.
NOsS.-Messrs Boyd, Bradford Hildreth Nash
and StOkely.-5.
LETTER FROM THE COMPTROLLER.
The SPEAKER presented letter from the
which vas read as follows:
CoMPTRoLLER's OFFICE,
NASHVILLE, Tenn, Nov II, 1859.
hon. T. W. NEWMAN Speaker of the Senate
Sir: In reply tn Senate resolution, No 54 passed
upon the subject of the peruuisites at
ached to the Offices Of Comptroller, Secretary of
State and Treasurer, within the last year. and the
last entire term of said offices, l beg most respect
fully to state, that having kept no special account
IF them, do not know what they have been in my 81
ofice within the last year; am 1 able to state
what they were during the last entire term Of my
predecessor.
The only perquisiies attached to this Office come 81
from the Free Banks and the Railroad Companies III
They have heretofore been much larger than they
will be hereafter. When the Free Banks were com 81
ing into existence or being placed in involuntary
liquidation, the perquisites considerably morek
han il is probable possible for them to be in f-
,ure under existing laws, ss the act has been re-
oesled authorizing new Banks to organize aud the
Of 1858 allows those in existence to 20 into vol
lntary liquidation and wind themselves up when
,ver they choose to do The other source of per
luisites is also diminishing, as many of the Rsil-M
osds have been completed, and will OF course 30
AVE no more bonds issued to them; and the mar -
usites arising from the unfinished Roads will de- q
,end upon their progress aud the amount OF boadsE
hey will be entitled to as they are completed.
Understanding the object Of the Senate resolution
be- TO ascertain what the probable perouisites of
he Office referred to will be hereafter have giyeu sd
be only data 60 to my own Office, from which the Sc
eLRte will see they must be inconsderable in fin II
ure and any estimate Of them must be entirely elB
onjsctursL The repeal of the law Of 1852, the n
assape Of the act of 1858, and the completion Of "a
1any Of the roads will show that any estimate Of 81
requisites in this Office for the future would be fal a.
scous. if governed by the receipts Of the past n
eruuistes are not paid by the State, but by indi
iduals or companies for whom the labor is per- 20
,rmed, and the compensation is often inadequate
the labor as when the Comptroller is required to
gn his name seventy nine times and number Sc sd
enty-nine coupons, for which he receives hfty&
snts and is responsible also for the custody Of the
ond until delivered &f
Very respectfully J. 7. DUNLAP. p
On motion Of Mr.. STANTON, it was ordered thst E
le letter be spread upon the journal
LEAVE OF ABSENCE.
On motion OF Mr. MeEEILLY, leave Of absence I
ss granted to Mr.. Wood, on account of sioknessI ]
bis family n
SENATE BILLS ON SECOND READING. =
No. 2-To amend the Code, and No. 50, to repeal i
ction 5,S7S Of the Code, were read. -
Both bills having the came object b