Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1860-02-01


Legislature "from authorizing heirs distributes
10 receive ard enjoy eschested property under such
rules and regulations from tine to time may be pre-
seribed by law" The undersigned cannot conceive
how this progision be held TO authorize the
granting Of the relief asked for in this case There
are several conclusive reasons why this clause has
application TO the case under consideration. Here
the property has already escheatedand become part
CT the Common School Fund, which cannot be d.
verted to any other than the support Of common
schools under the tenth ssction if the construction
commended for Of the eleventh section is the correct
one it renders almost imperative the restriction on
the Legislature It is moet manifest that the clause
in the eleventh section does authorize the pas
sage of Law having retrospective effect, opera
ting upon esCheas already vested in the State; it
only empowers the Legislature to change or modify
the Statutes in force the formation of the Consi-
tuition for the benefit Of heirs and distributes
having prospective operation. But giving the
eleventh section the broades construction it could
not embrace the provided for in this bill The
petitioners and the securities Of John Goodrich are
the persons 10 be benefited BY the passage Of the bill;
they Sre not the heirs or distributes of George Gee
Il is only in favor of heirs or distributes that the
Legislature change or modify the Law of esoh eats
The wife and children Of George Gee are not and
cannot be made his heirs or distributes Slaves
cannot take property by descent or datributoo;
they are incapable Of being heirs or distributes
/ 50 long as they remain in slavery. Hence the Lee
gslature could not give the wife and children any
part Of the property, il the proposition ia end-
/ ed directly to benefit them.
The Undersigned believing that the passage Of
the bill would Be- palpR,lle violation Of the CoGsti-
| tuition. recommend its rejection. For the same
reasons they recommend the rejection Of the relief
/ asked 10 the pettiOa of G. W. Jones and others,
which vas also referred the Judiciary Committee.
JoRDAE STOKES.
R. 7. HnDRErH.
s S. STANTON
! D. V. gSTOKELY
Me- MINIS read the following report, which
he said had been prepared previous 10 that of the
report of The majority:
/ The undersigned, Chairman of the Judiciary Gem
mitlee, to whom was referred Senate Dill No. l29
! "a bill for the relief of A. z. Smith and J G
i Goodrich with the accompanying papers, and
also toe "petition for the benefit VI the heirs Of
Kenedy a irted man eff color, &c." not being able
TO agree with the majority of the committee beg-
leave to submit the following report: The facts IN
! the first case necessary TO be nOticel seem to b.
! briefly these: Several years ago there lived in
! Lincoln county q freed mau Of color, by the name
| of George Gee, who acquired some property; died
! leaving wife and children wao were and still are
slaves and therefore, incapable Of owning proper
/ ty; that before he died he maze will giving his
property to his wife aud children, leaving
| ter. whom be created trustee, &c thai said eK-
eeutor under and 10 pursuance of the provisions Of
said bill, which had been duly proven and recorded
| has made advancenents TO the said wife and
children of said Gee, there still being a balance
in the hands Of the executor or his representative.
] But it is now ascertained that the said wife.ani
children of said deceased Gee being slaves are in
csple Of taking by inheritance devise; that said
Gee having legal heirs, his property escheas to
the State; aud by the laws Of the State prior to
the formation Of present Constitution, and by
| the Constitution, this fund belongs to the scho ]
FINN IF ha md no or "a
| sentative asked 10 be relieved for the amount in
good faith paid to Gees wife and children under
the belief they were entitled 70 receive it
In the second case it seems free man OF color
| by he name of Kennedy, great many years
aga-f5rty or more-died Ia Fayetteville Lincoln
county, Tenn, leaving wife and children who
wore, aad those living are sail free; those living
all now reside IN Liberia; his wife stl lives 10
Lincoln county, but desires also TO emigrste to Ii
IBERIA That ne also left soue properly, amongst
which are two lots in the town of FsyetteVile upon
which the widow Of Kennedy having life estate,
still resides the living heirs of Kennedy desire TO
sell this property. That amongst the children a0d
heirs Of Kennedy girl named Martha, who
died q minor, leaving minor bastard child; that
this basi ard child died whilst minor; this bastard
child Of Msrtha's Inherited her portion Of this
estate aud then dying without children left n legal
hers 10 inherit, her portion esoheats TO the State
and belongs TO the school fund Petitioners ask
the Legislature to pass a Law reluquisbi0g to the
heirs OF Kennedy this property SO escheated. ma
ioritY Of the committee insist the Legislature has
not Ihe power 10 grant the relief asked in either
case but are prohibited By Art II, Sec. 10 Of the
Cons tuition Of the STATE Of Tennessee. By that
article aud sections Of The Constitution ii provided
''hatIthe fund called the common school fund" aud
all lIads, &c and property cf every description
had been, PRIOR 10 that time, appropriated hy the
General Assembly, shai remain perpetual iuud:
aud that no law shall be made authorizing said
fund or any portion to be diverted, &c, sc. Es-
cheated properly having already brea made
by law part Of the school fund couli not, as
l believe, under this section but for The saw
ings in se9tion II Of this article, be released
or in any other way disposed of by the Legislature.
But section / Of article II OF the Constitution
provides: The above provisions shall not be con-
strued ID prev ant the Legislature from authorizing
heirs sributees TO receive and enjoy escheated
property, under such schedules and regulations As
from time to time may be prescribed by law" Il IS
said that the children Of Gee cannot claim receive
the benefit of section H. because hey ere not heirs.
This argument would not 40 ly t. keDedy's heirs,
because they are heirs in the strict and legal sense
But in,ist, apply this provision in the llth sec
ton to heirs ia the strict legal sense Just makes il
mean nothing. II they were heirs in the strict and
legal sense, then there would ne 40 eschest The /.
trainers of the Constitution intended this provision
should mean something. They intended IL to meet /
some case that might otherwise be case Of hard
ship If So what cases jus, such as l insist IS the
present where parties are children next of kin;
are perhaps heirs in the common law acCeptation,
but are laboTing under legal disability under our |
peculiar jurisiic our municipal law. Then |
insist the Legislature has the power 20 grant the
relief asked In both cases. and being cases OF merit
the Legislature should grant the relief. And for [
this purpose, with this report, present amend
meut to the original bill for the relief the heirs of
Kennedy.
An Of which is resi- ectfully submitted.
J. a. MINNIE.
Mr. NEWMAN CNlr. STOvALL il the chair de-
sired he bill be passed on its second reading,
add by tomorrow he hoped to be aoie TO present
the reason why he thought the bill should finally
pass.
The bill was then passed on its second reading.
AMENDMENT TO HOUSE BILL.
House message notifying the Senate Of the non
concurrence in Senate amendment to House bill
10 A. exempung the Board Of Education Of Nash
Vile from serving on juries, was taken up.
On motion Of Mr. STOKES, the Senate receded
rom its amendment
AN EPISODE.
It having been announced that there was no 9TH
IT business on the Clerks desk,
Mr.. BUMPASS arose and said:
Mr.. Speaker; is with pleasure that ! arise
oe present OCCASION on behalf of the Senators Of
his General Assembly, 10 present 10 you this small
testimonial Of our esteem. Since you have accept
ID your present position. Speaker OF this body,
We have admired your clnt0r and courtesy. Bot it
s not in the capacity Of our presiding officer at
rome which has called forth this manifestation. Il
s. sir Tor the elevarCd tone assumed by you as our
aaI in our late excursion TO Kentucky and Ohio.
vith much pride and qualification, saw you
b0ye the demsgugqe, and observed you TO decline
0 play the syc0phanti but as proud Cennesseean.
epre5entiag las as Tenuesseeaps, without dislluc-
ion Of party,-a unioL loving and Constitution
hiding aeople. We trust you will accept this cane,
b suupor, yea IN manhood, sud after many years ]
f :useiulutss il the service Of your country, you
lay ean on it in old age, ever bearing in mind he
ause and the occasion
Mr.. Bumuass then handed to Speaker Newman a
pIeudid goid-heaied cane, bearing the following in
ERUPTION:
TC l
T. W. NEWMAN,
BY THE SENATE, /
or his gallaDiFy the Excursion trip Of the Le- ;
qislature Of Tennessee from Nashville