Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1859-12-10


public policy and interest, honestly conceive that
We could be engaged in much more profitable and
audable legislation for the general welfare OF
common constituency than in drafting and enaeting
code Of morals, defining thu limit and extent 81 l,e-
gl unions between relatives OF special degree This
question was not agitated before the country sen
ators are not advised to the views and wishes OF
the people; no expression has been gixen upon /
which we can base our action, and the neeessiIles
nf nublic morals do not call for such Legislation.
4 very elaborate and lengthy report has been i
presented by the Senator from Hardeman, DIR. I
Peters) exhibiting the relative proportion Of docy
lunacy and other evils, which are the direct result
of the union in marriage, of cousins of the rSt de-
gres This report contains much accurate and reli /
able information, which, It placed upon the tables /
and furnished the heads of families throughout the
State would tend more certainly and efectuay |
towards directing the public mind to the considera
ton of these evils, than any legislation which we
can possibly impose upon our statute books That /
report however, may have been gotten up expressly
with view to accomplish the ends Of this PROPOSE !
ton by friends interested in this principle But on
the contrary all the facts Interference to the parents
of this list of idiots lunatics and other afflicted
parties may have been idiots or lunatcs Themselves,
and the causes of their Affections might be traced to
other causes if correctly scrutniZed, than relation
ship of parents. There has yet, Mr.. Speaker, !
been no eyidence-nO reliable accurate evidence,
drawn from experience, the spirit of holy IN
sprdtO1 sufficient to convince my mind. that public
morals or the laws Of God demand such hasty and
Utopian legislation, by the General Assembly Of
Tennessee. The lao is a severe one casting lndi-
rectly poignant sting into the bOSoms of numerous
heightened and reputable citizens, in every portion
of the State and Union, who, from the promptings
of affection and association now occupying this
delicate position. 1t does not directly assai or inn
peach their motives. but as conceive can but IN
directly mortify and wound honorable sensbilities.
There is Senator upon this floor. who depFecates.
more than do, the indiscriminate and frequent
marriage and intermarrage of relatives who are
blood of the same blOOd,-no one, who has more
consistently and uniformly urged its Improperly
and deeterOuS ntluenee.-no one, who has witness
ed more anxiOusly the evils which have been en-
tailed in many families by these marrages,-yet if
understand the spirit of that light Of reason and
religion which has been given us, the guide for
humanity there is within the precepts of that holy
work, disappr0yal of these unions IN wedlOck.
Therefore if the approval of that Being. who con-
trolls destinies and created for his glory and
honor is not sufficient to satisfy Senator's that it is
not prohibited, cannot appreciate the argument,
either directly or by implication, that the Begis
| aiure of this State have the moral right power, to
establish higher standard of moral principle, than
the AUTHOR of all good and perfect gifts gave u.s.
/ We find, that the Lord " which took me from my
/ fathers house and from the land of my kindred >
/ gave to Isaac the son of Abraham, his cousin Re
beeca, s marriage And Jacob, the son of Isaac, by
the SUPREME WILL of God himself was forbidden to
I take to his bosom one of the fair daughters of
Canaan as his marital partner but directed, BY nj
| rdcal0us interpOsitiOl, to seek the daughter of
Laban his uncle and after seven years labor united
in marriage with his cousin Leah, and after seven
other years of labor, took also to his bosom, " the
beautiful and ceA fdrOrei Rachel These facts, I'M
contradicted they are, u.s. that the policy
of relatives uniting in marriage. not immoral I;
nor are we informed from that Divine source, that
the children of Reuben Simeon. Levi, Judah and JO-
1ePh, were blind or halt, eheminate or demented
bat that they were the peculiar lUOrs people Of God
If We are to erect standard of morals, by this
bill contemplated, to designate 5oho shall be the
fdv0ritss of affections lchO shall be united in
marriage, in order 10 rear up a population who
SHALL be exempt from all the infirmties CT the age,
and Of humanity, then let the pruning knife Of L:or-
al and legislative SUdsioH. go farther than this bill
1t is evident and manifest to every intelligent
mind that if the moral effect of marriages and their
results is to be taken into consideration by this body
then | shall urge, that when one advanced in years
who has passed the meridian of his physical ener-
ges whose grey hairs indicate his rapil descent to
early grave should, by the same powers Of res'
son, be forbidden an union in this holy marital es
tate with bright eyed, cherry checked, blooming
maiden who has not reached the years of her ma
jority. The results of these classes of marriages
certainly produce in the social circle more deplOra
Bile issues, more separations mere eteminate chill
dren and more bitter dscOrds. Let Senators, there
FORE consider well the responsibility which they are
assuming before the passage of this BILL or great
" apprehend that rejecting constituency. viii no
again confer upon them the honor of minglng with
in these walls. in legisating upon questions in which
we have moral right to interfere.
Mr. STOKEIY desired to explain the vote he should
give. He was opposed to cousins marrying, but h
was opposed to this bill, because he thought the!
should be left free to act for themselves.
On motion of Mr.. RICHARDSON, the further
consideration of the bill was postponed until to
) morrow.
, THE CURRENCY QUESTION.
| Mr.. RICHARDSON, Chairman of the COmmitte
of the Whole on the Currency Question, reported
E recommending the rejection of Senate bill No IS
to establish a general banking law in this STATE
and the passage of Senate bill No LOG, to refOrT
and regulate the business of banking in Tennessee
9 Mr.. THOMPSON moved to nOn-cOncUr with tn
3 report of the Committee of the Whole recommend
I'M the rejection of Senate bill No. 80, to establish
general banking law in this State that the bill migf
e be placed upon the calendar.
a The molten prevailed and the bill was place
. upon the calendar.
/ On motion of Mr. STOKES. the regular order wa
= dispensed vilh AMI Senate bill No. loo, to reforI
and regulate the business of banking in Tennessee
= was taken up
4 Mr. LANE moved to cOncur in the report of tn
t Committee of the Whole, recommending the passag
$ of the bill.
The motion prevailed and the bill was taken u
: and put upon its passage on second reading.
e Mr.. THOMPSON moved to amend the twenty-firs
{ section of the bill by adding the following:
G And if said Supervisor shall make false an
fraudulent report in regard to the condition Of an
bank, he shall forfeit and pay to the State the fu
/ penalty of said bond. and shall be guilty of tn
crime of perjury, and upon conviction, shall be cor
+ fined III the penitentiary for period of not les
than three years.
: Also. to insert after the words duties of HI
Office. the following ''Shall take an oath to dis
charge the duties thereof faithfully, and
! The amendment was adopted.
Mr. HILDRETH moved to strike out the provis
to the twenty-ninth section, and demanded the aye
4 ard noes upon his motion.
The ayes and noes were taken and resulted aye
| 6. noes l6. as follows:
, A,ps-Messrs Hildreth, Hunter, Mickey. Peters
Thompson and Speaker Newman.
Noes-Messrs. Allen, Boyd, Bradford, Bumpass
Horn Johnson Lane, MINIS Mcclellan, McNeily
Nash Payne. Richardson, Stokes, StOkcly Thompson
I and Trimble-l6.
! so the motion failed.
Mr. NEWMAN (Mr. STOvAII. in the chair) Offered
. an amendment TO the bill, which read fol
: lows:
BE It further enacted, In case of the insolvency
any bank or banking association, the bi-hOlder
, thereof shall be entitled to preference in payment
over all other creditors of such bank or assOcia
ton"
Mr.. NEWMAN demanded the ayes and noes on tn
{ adoption of his amendment which were taken, an
, resulted ayes Is. noes s. as follows:
Aves-Messsrs. Allen, Bradford. Hildreth, Horn
+ Hunter, johnson Lane, Mickey, Mcclellan, McNei
w. Nash Peters, Richardson Stokes Stokely. Stovai
Thompson and Speaker Newman-lS.
Noes-Messrs. Boyd, Bumpass, MINIS, Payne, an
! Trimbe-5.
So the amendment was adopted.
, Mr.. THOMPSON offered an amendment to the bill
, | which was read as follows.
BE further enacted, That the individual proper
ty of the shareholders shall be severlly and solid
hound for the debts of the banks, and all the cOnse
Guences resulting theHefrom.
BE further enacted That ali banks created unde
this act shall be subject to alteration, modification
repeal as the good OF the country. shall demand
, Mr.. STOVALL offered amendment IN lieu o.
, the amendment offered by Mr.. Thompson, which wa
read as follows:
BE IL further enacted, That person shall taxi
stock in said bank unless he can prove to the salts
faction of the Clerk of the County Court IN which
the bank is situated that his her bank stock does
not amount to more than Onethlrd OF his or her per
sona or real estate in the State of Tennessee anC
that the individual property of the Stockholders
shall be held liable for the payment of all the debt
and issues of said bank. to the amount of issues
made upon his or her stock in said bank. after the
full amount of stock has been paid into said bank.
"Be il further enacted That no stakeholder in said
bank shall be allowed to sell transfer his or her
stock to any individual corporation to whom said
transfer made unless he make like satisfactory
proof to the Clerk of the County Court in which SAID
bank is situated that the said individual or corpora
ton is worth in personal real estate, three times
the amount of the stock taken in said bank; az al
transfers of stock in said bank shall be subject to
the above provisions.
Mr.. Stokes moved to lay both amendments upon
/ tIa tabl