Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1859-11-09
HOUSE OF REPRESENTATIVES,
TUESDAY, NOVEMBER s. 1859.
The session was opened with prayer by Rev. Mr.,

/ . TUESDAY, NOVEMBER s, 1859.
The session was opened with prayer by Rev. Mr.
Goodlett.
/ PETITIONS.
Mr. FARRELLY presented petition from tbI
Agricultural Society Of Shelby county, also peti
ton from the Bankers Of Memphis, which were
| placed on file without reading.
Mr.. BAGLESS presented a petition which was re-
I ferfsd to the Committee OnNeE Counties and Coun
| ty Lines, without reading.
Mr.. EAST presented petition relative to a revr-
nue. collector, which referred to the Committed
1 on Ways and Means, without reading.
! Mr. BENNETT presented petition from The Gal
! latin Turnpike Company, asking the privilege Of
suTreudering some fifteen miles Of that pike to the
! county of sumner, which was referred to the Com
mitee on Roads, without reading.
/ Mr.. GILLESPIE presented petition, which,
without reading, was referred 10 the Committee en-
! Public Roads.
BANK OF TENvEssEs.
The SPEAKER announced the committee author
i4ed by Mr.. CALpRELL'S resolutions, offered last
Wednesday, and printed page 126 of the Legisla-
toe Union and AMERICAN, as follows Messrs. Csld-
well, Beatty, Davidson, Farley and seuter.
a.fE REPORT FROM 4 COMMITTEE.
Mr. CAN'T, from the Judiciary Committee, re-
turned House bills l2l and 1863. recommending their
passage. Also 9, l53, 100, and l6l, recommending
their rejection.
SPECIAL ORDER.
Mr.. Trewhitt's bill, H. R. sol to prevent The
crime of seduction, was postponei from 10 till IL
o'clock,
STATE GEoLoGIsr's REPORT.
Mr. MARTIN presented the biennial report of
the State Geologst, which he read, and moved to
print 100 copies for the of the House of Repre-
sentstives
The motion was agreed to
REPORTS From STANDING COMMITTEES.
Mr.. BENNETT. from the Committee on Banks, re-
turned the bill S. So, with liability amendment,
recommending its passage. Also, Mr.. Whitthorne's
resolution, offered last Wednesday, and printed on
page l2S of these reports, with the mniitee's
opinion thereon, as followsj .a..
The Committee on Banks have had under consid-
Grafton the resolutions adopted by this House. in
structing the Committee Banks to inquire wheth-
the existing ensotments Of theCode 10 relation to
Banks and banking repeal or modify the act Of The
G neral Assembly Of the State of Tennessee pass
ed January the 2Sth, 1858, entitled an act to en-
force the resumption of specie payments by the
suspended Banks, and to offer for their acceptance
certain amendments TO their charters end for other
purposes; and other acts passed at the same ses-
sion Of the General Assembly emendatory thereto;
and if said acts are repealed what effect the as-
ceptanoe of the provisions Of said acts by the
Banks have upon their eh 2rters; and whether an
act releaslug one CT the Banks Of the State from
their pro7isions, would be constitutional, and if
constitutional, whether such release would operats
in favor Of all the Banks that have accepted the
provisions Of said act
The above is the resolution adopted by the House.
and your committee have had the same under coz
siderstiou for some days past, with anxious de-
sire to come to correct conclusion in the premises
and have examined said acts with care and precis-
ion. There seems to be some doubt upon the sub
jsct matter of consideration, and your Committee
on Banks directed its chairman to address letter
upon the subject to Messrs. Cooper a1d Meigs, the
compilers Of the late Code, which done, and re-
ceived an answer from Mr., Meigs (Mr. Cooper being
absent from the city of NsshVlle which letter ac-
companies this report, marked exhibit A.
The first inquiry of said resolutions is whether
the existing ensetments of the Code repeal modi-
fly the act of the 2sh of January. 1858. Your oom-
mittee, in order TO answer said Inquiry, have ex-
amiaed the act passed the 18th OF January 1858,
and in the Code, section Al, page 49, they find the
following clause;
Gan public and general acts passed prior to the
present session Of the General Assembly, Ito vita
the session Of 1857-5S,) and all IuOliC and spe-
eis acts, the subjects whereof are revised in this
Code, except establishing or regulating special
courts subject to the limitations, GDd with the
cebtOns herein expressed, are hereby repealed, |
and in case Of any conflict between the acts Of this
session and this Code the latter shall be controlling
And your COMMITTEES have scrutinized the said !
act or acts of lS57-58, for the purpose Of ascer
tanning whether there is any conflict between the |
Code and said acts for if there should be, 1t lie
clear tA9 accord ag TO SECTION Il in said Code that
the same is repealed,
Your committee entertain the opinion, that there |
is no couA ct between the act of January 28th, |
1853, and the Code except that with regard to the
dsnonia aiioR of notes that may be in circulation,
after January LIST, 1889 Toe act prohibits any
note Of less denomination than ten dollars, (Acts
1888, page 27,) aud the Code only prohibits
notes Of less denomination than five dollars, ex-
cept bills notes of the Bank of Tennessee. (See
ton Of Code 1921, page 8TT) These provisions, in
the opinion of the committee, conflict and as g
matter Of course, the Code is controlling; and it
follows that with the exception of the small bills Of
the Bank Of Tennessee no Bank can circulate notes
Of less denomination than ave dollars, the oom-
mitlee being Of opinion, that the Bank Of Tennes-
see has new the privilege Of circulating, under the
existing laws, small bills Of iess denomination
than FIVE dollars.