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

TENNESSEE LEGISLATURE.
SENATE
TUESDAY, Jauuary ST. 1860
The Senate was called to order at nine O'clock by
the Speaker.
PETITION
Mr.. NASH presented petition from the Hon. T.
". Turley, Judge Of the Second Judical Circuit,
praying the passage Of law to compensate the
guard to protect Jesse and John Lewis previous 70
their execution in Campbell county for murder.
REPORT FROM COMMITTEE on INTERNAL IMPROVE
MENTs
Mr.. PAYNE, from the Committee Internal
Improvements, returned Senate bill No 238, for the
relief Of the Edgefeld and Kentucky Railroad
Company; also, House bill To. $50, to extend the
time for the Knoxville and Kentucky Railroad to
complete the first section rOf their road; also
bill 10 amend the charter Of the Memphis,
GAINESVILLE and Louisville Railroad Company and
for other purposes, andrecommended their passage
STATE LIBRARY.
] Mr.. TRIAIBLE presented the following report:
The Joint Committee on the Stale Library report
/ that at an early day in Che present session, the
committee made a careful and particular examlna
ton Of the accounts Of the State Librsrsn, as given
in his report and that the accounts are correct; that
| the addition made to the Library within TIE last
two years, is judiciously made and is valuable
They take pleasure in reporting that all the duties
Of Librarian have been, by the Librarian, per-
formed with rare fidelity aud ability, and recon-
mend The same yearly appropriation for the next
/ two years, was made for the last TIVE
BILLS INTRODUCED.
/ By Mr. TRIMBLE: No. 252-For the .elief Of
| Mrs Auna Maria McNary, widow aud exeeutriz
/ Of Boyd NIeNairy. deceased. Passed first reading
By Mr. TRIMBLE: No. 253-To erect monu-
meut tc Andrew Jackson, on Capitol Hill in the city
/ of Nashville Passed first reading.
| By Mr. BUMPASS; No. 254--To repeal q por-
| ton Of an act passed 10Th March, 1858 Passed
frst reading
HOUSE BILL on SECOND BEADING.
No 352-To extend the time for the Knoxville
| and Kentucky Railroad Company to complete the
/ first section Of their road. Passed.
HOUSE BILLS ON THIRD READING.
! No. 8GO-To amend the charter Of the Mem
/ pbis, Clarksville and Louisville Railroad Com
pany and for other purposes Passed, ayes 10,
/ noes 0.
| Mr.. STOKELY entered a motion to reconsider
the vote passing the bill.
SENATE BILLS ON THIRD READING.
! No l82-To ratify aud confirm the report Of the
/ Commissioners appointed TO run and remark the
| lise established By compact between the States Of
! Tennessee and Kentucky. Passed. ayes 20, noes @.
! No. 226-TO provide for the reapportionmeut Of
the capital Of the Bank Of Tennessee and for otter
purposes Passed, ayes Is, noes g. as follows:
Ayes--1Iessrs. Allen, Boyd, Hildreth, Horn, Hun
/ ter, johnson Lane, Mickey, MINIS, Mcclellan,
/ StokeIy, Thompson and Speaker Newman.-l3.
/ Noss-Messrs. Bradford, Bumpass, Nash, Payne
/ Richardson, Stokes Stovall and Trimbe.-8.
! No. 244-To amend The criminal laws Of this
/ State.
Mr LANE offered al amendment TO the bill pro-
vdirg that any person cutting logs for making lum-
Der or cutting down timber for procuring tan bark
/ on land not his own, saall be deemed guilty Of q
/ felony, and upon it's adoption demanded the ayes
/ and noes, which we're taken and resulted ayes Is,
noes Z, as follows:
| Avcs-Messrs. Boyd, Bradford, Bumpasa, Hsru
/ Hunter, Johnson Lane Mickey, Minis, McClel-
| Ian, StovaIl Thompson and Speaker NeWmau.-l3
Noes-Messrs. Allen, HidTeth, Nash, Richardson,
/ Stokes, Stokely and Trimble.-7.
J. So tde amendment was adopted.
! The question recurring upon the passage Of she
bin amended, the ayes snd noes we're taken and
resulted, ayes IA, noes Z, as follows:
AyeS-Messrs Boyd, Bradford, Bumpass, Horn,
Hunter, johnson, Lane, Mckley, Minnjs, Mcclellan,
Payne Richardson, Stovall and Thompson.-l4
Noes-Me3srs Allen, HIidreJh, NssE, Stokes,
Stokely, Trim5le and Speaker Newman.
So the bill passed It's third reading ir the Senate
PROPERTY OF CERTAIN FIRE. NEGROES.
Senate bill No. 129, for The relief Of a. P. Smith,
trustee Of John Goodrich, deceased. and J. G Good
rich, administrator of said deceased, ohu Good
rich was the executor Of George Gee freed mau
Of color, late Of Lincoln cOuuty,l was taken up.
Mr. MINIS, Chairman OF the COMMITTEES on the
Judieiar-, reported ameniment for the benefit Of
the heirs of Allen J. Kennedy, freed man Of color,
late OF Lincolu county, which was adopted
Mr.. STOKES then read the following report:
The undersigned, a majority of the Judiciary
Committee, to which was referred Senate bill No.
129 styled, "a DILL for the relief Of A. Smith
and J c. Goodrich" with the accompanying d1cu-
hov ha4 m Ina nudp
ton. ami ask permission to submit the following
port:
It appears from the petition of a. P. Smith and
others that in the year 1850 George Gee,
free person Of color dad in Lincoln county, in this
State, leaving 8 wife and nine children, all of
whom we're slaves at the time Of mis- death; that ne
left last will aud testament, which duly prov
en- at the Jdue term, 1850, Of the Lincoln County
Court, and John Goodrich qualified as executor
thereof; AMI hat by the terms Of tae will bis exec
utor to sell his property consisting Of really
and personally, 10 pay veranGusy the interest on
the proceeds If the sale TO his wife aud nine child
ren until the youngess child became twepsy-0ne
years OF age na1 tneu the whole proceeds seTe 10
be equally divided between his wife and children
Il further appears that ae testator after The date Of
his will bought one Of hrs sons, named Wiley, 81 |
the price Of twelve hundred dollars five hundred
dollars or which remained unpaid 1t the time Of his
death; that by a cOdic to his will, he directs his |
executor 10 pay the balance of the price Of bis
Wiley, aud 20 buy his Two youngest children, If /
they be bought al reasonable price, ami That |
his executor keep Wiley IL possession until he
aidp back ID Ihe estate eight hundred dollars, whom
he vas to be free; aud Wiley aud the two youngest
children were be sent to LIBERIA il the laws Of
this State would not permit hem to remain here.
Ifur:ber appears that the executor made various |
payments and ARRANGEMENTS TO the wife and child |
rem of his testat0r amounting 10 several hundred |
dollars: that be execu ed in tae year 1857, deed
. rF.- &Fnffh vrho
male aivaucemeuts to the wife and children Of the
testator: that the payments aud ARRANGEMENTS thus
made By executor aud his trustee amount to some
thing near one thousand dollOrs; aud that tue
cutor John Goodrich died after the execution
Of the deed of trust upon whose estate the petit
toner Goodrich has been qualified as administrator.
1t does appear that the executor ever bought the
NO youngest children Of the testatOr, what
disposition has been made of Wiley. The petit L
srs as trustee and administrator Of John Goodrich
deceased, assume that all the property Of George
Gee escheated TO the State, and they ask The Legs
allure 10 pass an act releasing john Goodrich and
MS SECURITIES from an liability to the State for the
am Guns paid aud advanced 10 the wife and children |
If ne ;estator and the bill under consideration
8 inte7ded to eiTectuate this prayer Of the Peli-
toners.
Assembly has the power under the constitution Of
his Stale to grant the relief asked for 10 the petition
md provided Tor 10 the bill Il is wholly inmate
fal in view of he constitutional question, 10 in
luire whether the alleged payments aud advance
ncnts were made by the executor sud his trustee
luder the honest conviction that the widow and
hildren were legally entitled to them; nor Wilt
treu CITIZEN the argument in the least TO refer 10
many asons III t might be Acknowledgements the poll
~ granting such relief However this may be, the
constitution ia the opinion OF the undersigned, pre-
ents an insurmouuts5ie objection TO the passage
{ the bill, and they content themselves with pre-
elt:nz this view Of the subject. Il is properly j
ouceded that the property q the testator esGheat
/ t. the State on his death. Il is we'll settled IN
he Courts OF this State that slaves cannot take pro
erty 0y gift devise or ia any other way disconnected
ith q provision for their emancipation, AMI that !
beauest or devise in favor Of q slave, standing {
lone in a will is wholly imperative and void, and
ne testafcr dies lteslate 20 all properly, en-
raced IN such void b. writ or devise. Phoebe Iur-
or vs. Phillip Fisher, exr, Sueed's Rep, 20. I
is also well settled that all escheated property {
asts Immediately in the State by operation OF law,
nd however IL may have been al common law, no e
gusst Of alice is requisite III this State IN such s
ises. 4 Kencs Com, 424; Hinkie's lessee W.
bsddau, Swans Rep, ~. BY the first section
the Act Of 1927, chap. o. it is provided that all
eschCats which nay have already accrued OF
lsll hereafter accr1e il this State, and all the
oods chattels rights credits and effects Of all and
very person who may have or hereafter shall de-