Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1860-02-04
rnNNEssaE. LEaIsLArURa.
SENATE
FRIDA4. January 8, 1860.
The Senate was called to order at nine o'clock by

SENATE
FmDAf, January 8, 1860.
The Senate was called to order at nine o'clock BY
he Speaker,
REPORTS From STANDING COMMITTEES.
MIR. PETERS, from the Committee on Federal Re- I
stiuns, returned Senate resolution calling upon
Congress 70 grant bounty lands and pensions 10 the
soldiers Of the war Of 1872, and their surviving
widows, and recommended its rejection.
Mr. MINIS. from the Committee on the Judicia
~, reported follows:
The Judiciary Committee have had under coRsid-
GRAFTON House resolution No l26, for the relief Of
Joseph Divine and Thomas HeBsey. The facts in
this case are lhat Divine and Hensey we're the Sc
eurities for the appearance Of ore VIM. K. Morgan
at the Circuit Court Of Monroe county, TO answer
the State upon charge Of felony. Morgan forfeit
ed his bond judgment final was rendered against
his said secuTlties appeal was taken to the Su-
preme Coart and the judgment was affirmed for
about fifteen hundred dollars This resolution pro-
vides that the Hon. George Brown, The presiding
Judge, shall bear proof Sc, and report to the next
Legislature the propriety Of releasing all or Por-
lion Of this judgment, and that, in the meantime
the collection OF the execution be suspended unul
after the session OF the Legislature, the state
retaining her leiu. IIs provided in sections o. ~
and 1873 Of the Code, that Judges Of Circuit anu
Criminal Courts shall have full power, either before
or after final judgments have been rendered % re-
lease in whole ih part forfeitures on Dali ms
mower being fully vested in the Judges, who are IA
miliar with all the facts and circumstances IN each
particular case and who, It is presumed. VIII DO
Justice 10 both the State aud defendants, yo1r com
mittee believe it would be extremely bad policy Ter
the Legislature, which cannot act Win
hnowiedge of all the facts and circumstances
/ of each case to interfere with sound discretion
an tie part of Judges; and that it would lead to
/ inaumersble applications from all parts Of the
STATE in cases where lges had refuse relief and
/ hence they recommended the rejection Of bill for
that purpose. But this resolution is for different
purpose and presents totally different CASE TINS
equitable power of releasing forfeitures is confer
red alone by stature, and therefore IS only con-
ferred upon the Judges enumerated inthe statute,
| which ccudres it alone Criminal AMI Circuit
Judges. This case having been taken by appeal 10
the Supreme Court the Circuit Court hss no Jurls-
dictiou, and the Supreme Judges having no Jurl'ae-
tian conferred by statute, they have none ey COM
mon law that is of this equitable eharacter there
no power to appeal ia this case but the Legisls-
lure This resolution proposes 20 submit TINS lc
the very tribunal invested cy general stature IN ON
en- cases. with this very jurisdiction; IN lh's case
however subject to the control Of the action OF the
next Legislature, when they can have all the laets
before them. The Committee, therefore, unanl
mously instruct zoe to rep5rt in favor OF the pas
s;ge OF the bill
. =.
liens Of DeKaib and Smith counties, praying TIM
:; removal uf the Branch OF the Bank Of Tennesse
from Sparta 10 McMinnVille.
Mr.. NEWMAN presented petition from sundr.
citizens Of The county OF Franklin, praying that tn
voters o. districts be authorized to control the sa!
Of spirisu0us liquors in their respective districts
. HOUSE bills on SECOND READISG.
= Nc. l62.-TO change the line between the eoun
s ties Of DeKalb aud Smith. Passed and referred t
Al. n o. lhn Irff al qrr
No, 2S5.-To establish precinct in the Vilag
Of Mulberry, in Lincoln county Passed.
No. ia To incorporate The jennings For
: Turnpike Company.
MrNEWMAN Mr.. (STOvALL in the chair offered a
amendment to the bill T. revive an act - incorPO
rate the Fayetteville, BooRe's illand Pulaski Turn
/ pike Company, and for other purposes, which wa
' adopted. aud then,
The bill as thus amended, passed. its aooOn
f reading.
h YREE NEGROES
}, House bill No 49,, for the expulsion of free PEI
t sons Of color frtm this State, was taken up.
II Mr. PETERS offered bill in lieu, which va
5 read.
o On motion Of Mr. PAYNE it was ordered TIA
one hundred copies Ct ths hill be printed for ii
- use Of the Senate.
= On motion OF MIR SFOyALL, the considerable
~ Of .ha bill and bill in lieu made She sPesiAl 81
y 6sp fer Friday, she l0iA insL
If qHa BANK coRI.
h House amendments to Senate bill No l06, 10 n
form and regulate the business Of banking in Tel
pessee. being the special order for this day, wei
81 taken up.
Of The first amendment regulating the paying Of
n of branch notes by principal banks, was non-ool
G. curred in.
The second amendment, striking out ten and il
J. sorting five as the lowest denomination Of not
re tnat any banks may issue, having b1en read
A. RnCNN moved that the Senate col
ID cur in the amendment
:, Mr.. McNEILLY demanded the ayes and noes al
L on the motion, which we're taken, and resulted ay
II 49, noes 3, as follows:
O. AVss-Messrs Allen, Boyd, Bradford Bumpas
ii Horn. Hunter, Johnson, Lane, MINIS, McClella
70 Nash Payne, Peters, Richardson, Stanton, sEos
. Stokely, siovan and Trimble-l8
y Noes-Messrs. McNeilly, Wood and Speaker New
mln-3-
t So the Senate concurred in the amenda ent.
to Mr.. THOMPSON when his name was called, sa
y, he desired to Be excused from voting he could n
y and would moi record his vote upon any of Il
y amendments 70 this bill. he considered the 81
ne worse than an abortion it false conception
s. It was not what he considered the Democratic par
n pledged to in the late canvass, and be washed
N hands Of the iuiquity. He conceded to the OPpos
ton all the glory that might result from the oper
, ton Of the law.
q Mr. Thompson vas to avelpon excused from vClin
The third to the sixteenth amendments inelusiv
were severally taken Up and conourred IN "ilho
d a division.
n The seventeenth amendment, being section
D lieu Of the tweatyniuth section Of the bill, heVH
a Mr. STOKES moved thst the Senate non comet
- in the amendment
$ Mr., PETERS demanded the ayes ard up'
- the motion WHICH were taken and resulted ayes j
NJ nays Y, fOlOgs:
~ Iys-Messrs Allen, Boyd, Bradford BumPa2
Mach Stanton. Stoke
# S.Oksly and Trimbe.-l2.
10 NoES-MessFs. HldretA, Hunter, johnson, Lam
99 Mickey, Mcclellan, MONeilly, Payne, Peter
,e StovaIl, Wood and Speaker NeEmSn-l2.
= So the Senate refused to non-concur.
10 The question recurring upon concurrence
/ the amendment
It Mr.. MINIS said desired simply to give his re,
Is sons for voting against concurrng ia the Hou'
n amendment If the entire section was stricke
is out; the courts have already held AMI will ALVEY
1t hold that the Legislature have the power conferred
It this section either originally passed in the Sen
p ate or as amended in the House in either the Ia
and the rights of the parties will be precisely th
n same with or without this provision IN either form
s Then this section in either, adds no protection
u the community, note-holders, Legislature or any
BODY else Then what is the effect of this section
1t is simply calculated TO alarm and keep off capita
n sts of Other States who are not familiar with gu
!, adiudications. He voted for thg original SECTION
asst carried on its face what he believed the court
e will hold the proper construction OF the section
st This was notice to all capitalists win TIL
if proviso Of he never would vote for the section
e Mr. STOKES demanded tho ayes and noes qpo
J. the question of CONCURRENCE WHICH Fere taken an
S? resulted ayes r. noes - az follows;
s Ayss-IIessrs. Hildreth, Hunter, johnson, Lane
a Mickey, Mcclellan, McNeilly, Payne, Peters, Ste
d vail, Wood AMI Speaker Newpan-l2
l. Nass-Messrs. Allen Boyd, Bradford Bampas'
{. Horne MINIS Nash, Richardson, Stanton, Stokes
d Stokey and Trimble-l2
e So the Senate refused to concur in the amend
! ment
5 Mr. PETERS, when his name was called, said h
y y9tad in favor Of concurriug in the House amend
me6t under protest. lie regarded it as the only re
desming feature Of the bill.
The eighteenth amendment was coneurced
. without a division.
u The nineteenth amendment, regulating he man
y = -.-nLnnLirr IL of sI.nanlal harks