JLiibrary Of ^dm ^itg -^^u^ )IV, c.'-^ i rj-^ ..COHNELL UNIVERSITY LIBRARY 3 1924 096 277 441 The original of tliis book is in tine Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/details/cu31924096277441 UtfeSIKaCA^ OP THE PROCEEDINGS V OP THE LEGISLATIVE COUNCIL OF THE TERRITORY OF THE UNITED STATES OF AMEniCA, SOUTH OF THE RIVER OHIO; BEGUN AND HELD AT KNOXVILLE, THE 26TH DAY OF AUGtJST, 1794., KNOXVILLE: PRINTED BY GEORGE ROULSTONE, PRINTER TO THE* TBREITOEY, 17M. ^. NASHVILLE: ^ RE-PRINTED BY MoGBNNIE t BROWN, TRUE WHIG OFFICE. 18S2. ® /I^OZSrSKf CORNELI UIM?V£RS!TY BRARY/ ORDERED TO BE KE-PRINTED BY THE GENERAL ASSEMBLY OP, THE STATE OF TENNESSEE, OP 1851— '2. JOUEIAL OP THE LEGISLATIVE COUNCIL. Mo,ntlay the twenty-fifth day of August, 1794, being the ,da]r appointed for the meeting of the General Assembly of -the Territory of the United States of America, South of the river Ohio, the members nominated by the Representatives of the People, and commissioned by tlie President of the United States as Legislative Councillors for said Territory,*^ appeared, produced their credentials, and took their seats, to-wit : The Honorable Griffith Rutheefosd,,? I " John Sevier, " James Winchester, " Stockley Dohelson, " Parmenab Taylor. Adjourned till to-morrow 10 o'clock, A. m. TUESDAY, AUGUST 26, 1794. Met according to adjournment. Proceeded to the choice of a President'; .when the Honorajble Griffith Rutherford was unanimously elected and conducted to the Chair. Proceeded to the election of a Clerk. Mr. Sevier was appointed to su- perintend the balloting; when George Roulstone was a,ppointed.and qual- ified accordingly. v, Christopher Shoat was chosen Doorkeeper. A message from the House of Representatives : Mr. President and Gentlemen nf the Vmmcil, This House is now formed and ready to proceed on the public business. and wish to know if yoii are met and prepared to receive communications from the House of Representatives. On motion of Mr. Winchester, Mr. Sevier was appointed to confer with such member or members of the House of Representatives as they may join, and to report what rules are necessary to be observed in doing busi- ness between the Council and House of Representatives. Ordered, That the following message be sent the House of Representa- tives : Mr. Speaker and Gentlemen of the House of Representatives, The Council have appointed Mr. Sevier to act with such member o'" members as you may appoint, as a committee to report the rules necessa" ry to be observed in doing business between the Council and House of Representatives. A message from the House of Represetitatives : Mr. President and Gentlemen of the Council, We concur with your message, and appoint on our part Mr. White and Mr. Rutledge, to confer with Mr. Sevier what rules are necessary to be observed in doing business between' the Council and House of Representa- tives. Adjourned till to-morrow 10 o'clock, a, m. WEDNESDAY, AUGUST 27, 1794. Met according to adjournment. Mr. Sevier, from the committee of the Council and House of Repre- sentatives, reported the rules necessary to be observed in doing business between the Council and House of Representatives. Read and concur- red with. A message from the House of Representatives : Mr. President and Gentlemen of the Council, We propose that a joint committee of both Houses be appointed to re- port, as soon as possible, what bills of a public and general nature are necessary to be passed into lavys by the present Assembly. We appoint on bur part for this purpose, Mr. White, Mr. Cocke, Mr. Hardin, Mr. Wear and Mr. Doherty, to act with such gentlemen as you shall appoint on your part. Sent to the House of Representatives the following message : Mr. Speaker and Gentlemen of the House of Representatives, The Council agree to'^your proposition in appointing' a joint committee to report what bills of a public and general nature, are necessary to be passed into taws the present session, and join on our part Mr. Sevier and Mr. Winchester. William Maclid was appointed Assistarit Clerk. Adjourned until to-morrow 10 o'clock, a. m. THURSDAY, AUGUST 88, 1794. Met according to adjournment. Thomas Bounds was appointed Doorl Mr. Hardin and Mr. Ford, a committee to draw a bill declaring what property shall be taxable, and the mode of collecting the tax thereon. Mr. Doherty and Mr. Wear to draw a bill for the relief of such of the militia as have been wounded by the Indians in tlie late invasions. To act with such gentlemen as'you may appoint on your part. On motion, to agree With the .proposition contained in 'the above mes- sage, the Council concurred with the same so far as to appoint Mr. Sevier for the court bill, and Mr. Winchester for the militia bill. ,-', Received from the House of Representatives a bill to establish the toll of certain mills, endorsed, ' Read the first time and passed. ' * "^ ''' Ordered, that this bill be read, which being read was passed the first time and returned. Adjourned until to-morrow, 10 o'clock, a. m. FRIDAY, AUGUST 29, 1794. Met according to adjournment. Ordered, that the following message be sent to the House of Representa- tives : Mr. Speaker and Gentlemen of the House of Representatives, We concur with your proposition for appointing committees to draw such bills as are of a public nature ; and on our part have appointed Gen. Sevier to the court bill, and Col. Winchester for the militia bill. The President laid before the Council the petition of the people called Quakers ; which was read and referred to the committee on the militia bill. IVIr. Sevier moved for leave, and presented a bill to admit attornies at law to practise and plead in the superior and county courts in this Terri- tory ; which was read the first time, passed, and sent to the House of Representatives. On motion of Mr. Sevier, Mr. Qonelson was appointed on the part of the Council to draw up a tax bill, and to report what sum of money is necessary to be raised for the support of the civil list for the year 1794. Sent to the House of Representatives the following message : Mr. Speaker and Gentlemen of the House of Representatives, We propose that a committee be appointed for the purpose of drawing up a lax bill, and to report what sum of money, is necessary to be raised for the support of the civil list for ihe year 17.94, and for that, purpose ap- point Mr. Donelson on our part. A message from tge House of Representatives : Mr: President and Gentlemen of the Council, This House having taken the petition of James Russell into considera- tion, propose that a joint- and standing committee of propositions and grievances be appointed ; and appoint on our part Messrs. Tipton, Har- din, While, Cocke and Taylor, to act in conjunction with such gentlemen as you may appoint on your part. Read and concurred with, and Mr. Winchester appointed on the part of the Council. Sent to the'House of Representatives the following message : Mr. Speaker and Gentlemen of the House of Representatives, The Council agree to your proposal of appointing a joint and standing committee of propositions a^d, grievances, and on their part appoint Mr. Winchester. Received from the House of Representatives, a bill to admit attornies at law to practise and plead in the superior and county coiSrts within the Territory south of the river Ohio, endorsed, ' Read the first time and passed;' which being isead, was amended, passed a second time, and re- turned. Also, a bill to establish a University in Greene county, in the Territory- south of Ohio — and A bill directing the mode of authenticating powers of attorney and o!)ligaiions, for the conveyance of land in certain cases, and authorising executors and administrators to malte cont^yances, each endorsed, ' Read the first time and passed ' — which were read the first time, passed and returned. A message from the House of Representatives : -• Mr. President and Gentlemen of the Council, The House of Repressntatives agree to your proposition of appointing a committee for the purpose of drawing up a tax-bill, and appoint on our part Messrs. White and Coclce. Adjourned till to-morrow, 9 o'clock, a.m. SATURDAY, AUGUST 30, 1794. Met according to adjournment. Received from the House of Representatives a message, accompanying a report of the committee of propositions and grievances, endorsed, ' Read and concurred with ;' which being read was concurred with and returned. A message from the House of Representatives : Mr- President and Gentlemen, We propose that a joint committee be appointed to draW up in general fee-bill, and for that purpose appoint on our part Messrs. White, Doherty, Hardin, Rutledge and Cocke, to act with such gentlemen as you may appoint. Received from the House of Representa,tives, the memorial of Joshua Hadley, endorsed, ' Read and referi-ed to the committee of propositions and grievances ' — which was read and referred to the same committee. Received also,' a bill for the relief of such persons as have been disabled by wounds, or rendered incapable of procuring assistance for themselves, &c. endorsed, 'read a second time and passed.' Ordered that this bill be read, which being read, was passed'lhe third time and returned. A bill for the relief of such persons as have suflered, or may suffer, by their grants, deeds, apd mesne conveyances not being proved and register- ed within the time heretofore appointed by law, endorsed, ' read the second time, amended and passed' — which being read, on motion to agree to the amendment of the House of Representatives, it passed in the negative. A bill e^ablishing the toll of certain mills, endorsed, ' read the second time, amended and passed ' — which being read, was, on motion, rejected. Also, a bill directing the mode of authenticating powers of attorney, &c. endorsed, ' read the second time, amended and passed.' A bill to admit attornies at law to practice, &6. endorsed, ' read a second time and passed.' ' A hill to establish a University in Greene county, in the Territory south of the river Ohio, endorsed, ' read a second time and passed^' Ordered, that this bill be read, which being read, was amended, passed the second time and returned. A'djonrned till Monday % o'clock. A.m. MONDAY, SEPTEMBER 1, 1794. Met accordipg to adjournment. Sent to the House of Representatives the following message : Mr. Speaker and Gentlemen of the House of RepreseMaiives, The Council do not agree to your amendment to the bill for the relief of such persons who have suffered or may suffer by their grants, deeds, and mesne conveyances not being proved, &c. A message from the House of Representatives : Mr: President and Gentlemen of the Council, We propose that a committee be appointed to confer with the Governor what shall be the enacting stile to our lawsj for which purpose, we appoint Messrs. White, Wear, Hardin, and Cocke, to act wfth such gentl^en as yon may appoint. Concqrred with — and ordered that the following message be sent to the House of Representatives : Mr. Speaker and Gentlemen of (he House of Representatives, '*The Council agree to your proposition in appointing a committee to confer with the Governor, concerning the enacting stile of the laws to be passed, and on their part appoint Mr. Sevier. Received from the House of Representatives, a bill to alter the time of holding courts of latv aiid equity in this Territory, endorsed, ' read the first time and passed ' — whicl; being read was passed the first time, and returned. ^ A message from the House of Representatives accompanying the report of the committee of propositions and grievances, to whom was referred the memorial of Joshua Hadley, surviving officer of Evans's battalion, to V?it : That the said battalion was raised on the faith of the State of North Carolina as appears by their act of 1786, and was destined for the protection of their then frontiers (Mero District). That the soldiers there- of did their duty faithfully, and in discharging the same, many of them lost their lives, but have received no part of their pecuniary pay. Your committee farther report, that it would be dishonorable and ini- quitous for the government of this Territory not to pay these troops, had its public faith been pledged for that purpose, nor could the failure of any particular fund have in that case been with propriet} alleged as a pretext to evade the debt. Your comniittee are forced to call to remeijibrance that this Territory has never been protected in a stafe of peace and security, without which it was not reasonable to expect from it finances equal to the payment of such troops as the State of North Carolina might think proper to inlist ; ^sides that the inhabitants of this country contributed equally with said battalion to afford security and peace to the interior parts of North Caro- lina. Your committee also remark, that the most natural fund for the pay- ment of the soldiers aforesaid, would have been derived from the vacant land which these soldiers' helped to protect and secure, which fund has teen disposed of for other purposes by the government who raised the bat- talion ; that as for any other fund established for this payment by the State of North' Carolina, if such fund has not proved effectual, the default did not arise from any miscondnnt in this government, or in thepitizens there- of, but either through the neglect of the officers in that State, or the defi- ciency might be fairly ascribable to this,, that the lands on which the taxes ought to have been collected, were chiefly in the hands of the citizens of North Carolina, whose absence from the Territory enabled them, to evade the taxes imposed on and paid by the people of this Territory. '' Finally, we are of opinion that the government is bound by no express ■contract with the said soldiers, so neither do we see any equitable circum- stances which ought to induce this assembly to discharge a debt con- tracted by, and justly due from the State of North Carolina. JOHN TIPTON, Chairman. Read and concurred with. Mr. Sevier made the following report, viz : The committee appointed to meet in conference with the Governor and a committee of the Legislalive Council, report that the stile to be observed in the titles of acts should be as follows, viz : Be it enacted by t%e Gover- nor, Legislative -Council, and House of Representatives, They further report, that all bills be sent to the Governor after the se- cond reading, for him to offer such amendments as be may think proper, and not again, until the bill is engrossed for his assent. JOHN SEVIER, Chairman. With which report the Council concurred, and ordered that the follow- ing message be sent to the House of Repres'entatives : Mr. Speaker and Oentlemen of the House of Representatives ,• The Council concur with the report of the comaitte^ pf cpnference with the Governor respecting the enacting sti^e of our laws, &c. Adjourned until to-morrow, 9 o'clock, 4,. m. TUESDAY, SEPTEMBER 2, 1794. Met according to adjournment. A massage from the .House of Representatives, informing that they do not concur with the report of the committee of conference with the Gov- •ernor i and proposing that the enacting stile of the laws shall be, ' The General Assembly of the Territory Soutfrof the river Ohio.' The Council, taking the foregoing message into consideration, adhere to their concurrence 'to the report pf the' committee of conference; and ordered that tjie following message be sent to the House of Representa- tives ; Mr. Speaker and Gentlemen of the H&use of Representatives : '" In pursuance with your proposition, the Council appointed one of its members to join such members as you ihad appointed for that purpose, to wait on his ExceilfinGy,-the Governor, and with him to confer what shpuld te the enacting stile of our laws. ^ , . ' That committee reported, and with which report tile Council concurred. 10 Your message of this day informs them that you do not concur with the report of that committee. The Council still adhere to their concurrence with the first part of that report, for the following reasons : that the ordinance of Congress expressly declares ' that the General Assetnbly shall consist of the Governor, Legis- lative Council, and House of Representatives,' and that all laws shall be passed by the Governor, Legislative Council, and House of Representa- tives, Received from the House Of Representatives, a bill empowering the courts of counties within this Territory to erect a court bouse, prison, stocks, &c., endorsed ' read the second time and passed ;' which was read the first time, passed and returned. Also, a bill to alter the time of holding the courts of law, &c., endorsed ' read the second time, amended and passed ;' which being read, was passed a second time and returned. A message from the House of Representatives ; Mr. President and Gentlemen of the Council : . This House concurs with the first part of the report of the committee appointed to confer concerning the enacting stile of our laws. j- A message from the House of Representatives : Air. President cmd Gentlemen of the Council : This house upon reading for the third time the bill for the relief of such persons whd have suffered or may suffer by their grants, &c., not being registered, &c., capnot agree to pass the bill without striking out the pro- viso ' that nothing in this act contained shall be so construed as to admit to record or registration, or ratify any grant or grants heretofore made in Lord Granville's office ;' and if the Council agree to this amendment, they will send one of their members to see it made. With which the Council do not agree ; and ordered that the following message be sent to the House of Representatives : Mr. Speaker and Gentlemen : The Council do not concur in striking out the proviso in the bill for the ,relief of such persons who have suffered, or may suffer by their grants, &ic., not being registered, &c., as by you proposed. The Council propose that managers may be appointed on the disagree- ment, and on their part appoint Mr. Sevier. A message from the House of Representatives : Mr. President and Gentlemen of the Council: This House, on reading for the third time the bill for the relief of such persons as have been disabled by wounds, or rendered incapable of procur- ing for themselves and families subsistence, &c., propose that those words near the.close of the first section, be deled, to wit : ' by the Speaker and President of both Houses ;' and that the following words be inserted in their place : ' by the Governor, President of the Council, and Speaker of the House of Representatives.' ^ ^ Read and, concurred with. , * Mr. Sevier, from the conference with the managers of the House of Representatives, ihade the following report ; 11 That the House of Representatives agree to withdraw their proposition ia striking out the proviso in the bill for the relief of persons who have suffered, &c., by their grants not being registered, &c. A message from the House of Representatives : Mr. President arid Gentlet.ten of the Council : We propose to ballot to-morrow at 10 o'cleck, at the court house, for a delegate to Congress ; and on our part appoint Messrs. Taylqir'and Do- herty, to superintend %e balloting: Concurred with, and Mr. Taylor appointed on the part oj^the Council to superintend the balloting. Sent to the House of Representatives the following message ; Mr. Speaker^and Qenlkmen : The Council concur with your amendment to the bill for the relief of siich persons as have been disabled by wounds, &c. Adjourned till to-morrow 9 o'clock, A. M. WEDNESDAY, SEPTEMBER 3, 1794. Met pursuant to adjournment. The bill to establish a college in Greene county, was read the third time, passed and ordered to be engrossed. Received from the House of Representatives a bill to establish the juris- diction of a single justice of the peace, &c., endorsed, read the second time, amended and passed. Ordered, That this bill be read ; which being read, was passed a second time and returned. Received from the House of Representatives a .Tiessage, accompanying the report of the committee appointed to superintend the balloting for a member to Congress. The committee who was appointed to superintend the balloting for a member to represenfthis Territory in Congress, report that they have con^ ducted the aforesaid election, and on taking the polls, it appears that James White, Esq., is legally elected' by a majority of both Houses. All which is submitted, Pabmenas Taylor, George Dohebty, Leerot Taylor, Concurred with. Received also, a bill empowering the courts of each county ip this Ter- ritory to erect a court house, &c., endorsed, read a second time and passed. Ordered, that this bill be read, which being read, was rejected. Adjourned till to-morrow 9 o'clock, a. m. 1? THURSDAY, SEPTEMBER 4, 1794. Met according to adjournmeDt. Mr. Winchester, from the committee to whom was referred the petition of the people called Quakers, reported that the said petition ought to be ra- te the committee of propositions and grievances. Concurred with. On motion, IVIr. Winchester was appointed on the part of the Council to examine engrossed bills, and to piesent the same to his Excellency, the Governor for his assgnt Sent to the House of Representatives the following message : Mr. Speaker and^^enilemen : , The Council propose that one member be appointed from the Council, and one from the House of Representatives, to examine engrossed bills and present the same to his Excellency the Governor for his assent, and have appointed Mr. Winchester on their part for that purpose. Mr Sevier moved for leave to withdraw for amendment, the bill to ad- mit attorniesat law to practice and plead in the superior and county courts, &c ; which was granted.* Mr. Sevier, from the committee appointed for that purpose, presented a bill to establish a system of court laws ; which was ordered for the first reading to-morrow. A message from the House of Representatives : Mr. President and Gentlemen of the Council : We herewitli send you the report of the committee of propositions and grievances, with which this House concurs, and propose that a joint com- mittee be appointed to draw up a memorial to Congress, agreeable to sajd report, and on our part appoint Messrs. White, Cocke, Doherty, Kelly and Wear for that purpose, to act with such gentlemen as you may appoint. The committee of propositions and grievances delivered the following report : Your commitiee to whom was referred the petition of William Evans, report that this petition, praying for compensation for a negro put to death under the jurisdiction of the State of Franklin, cannot be complied with. On the petition of the inhabitants south of French Broad, your committee report that the said inhabitants ought to have all the assistance in the power of this General Assembly to give towards securing them in their improvements. That as the disposal of the soil rests in Congress, it will be proper for this Assembly to draw up a memorial to that body, slating the facts as may induce them to secure the said inhabitants in a right of pre-emption, and pray that an act of Congress may be passed for that pur- pose. Concurred with, and Mr. Sevier and Mr. Taylor appointed on the part of the Council. A message from the House of Representatives : Mr. President and Gentlemen of the Council : The House of Representatives agree to your proposition in appointina a member from each House, to examine engrossed bills and present the 13 same to his Excellency Governor Blount for his assent, and on our part appoint Mr. White to act with Mr. Winchester. Mr. President and (renlkmen of the Council : This House iiave added Messrs. Kelly, Wear and Doherty, to the com- mittee of propositions aqd grievances. Sent to the House of Representatives the following message : Mr. Speaker and Gentlemen of the House of Representatives : The Council concur with your proposition in appointing a committee to draw up a memorial to Congress on the petition of the people south of French Broad, and have appointed Mr. Sevier and Mr. Taylor on their part for that purpose. Received from the House of Representatives, a bill for elctendin;^ the line between the county of Sullivan and Hawkins, endorsed, ' read the first time and passed. Ordered, that this bill be read, which being read the first time, was passed and returned. Adjourned until to-morrow, 7 o'clock, A.m. FRIDAY, SEPTEMBER 4, 1794. Met according to adjournment. Sent to the House of Representatives the following messages : Mr. Speaker and Gentlemen, The Council concur with the report of the committee to whonr was referred the petition of the people called Quakers, viz : That it ought to be referred to the committee of propositions and grievances. Mr. Speaker and Gentlemen of the House of Representatives, The Council have entered into the following resolution, with which they request your concui fence, to wit: R'^solved, That the Governor be authorised and requested to cause a new census of the people to be made, on the last Saturday in the month of July, 1795, in the same manner as the census was made by his order in the year 1791,, to the end that repre- sentation may be apportioned to population in the respective election dis- tricts or counties. %" The President laid before the Co»ncii, a letter from Daniel Smith, Esq., Secretary of this Territory, covering an account of monies received and expended as treasurer, in pursuance of an act passed by the Governor and Judges, on the 13th day of March, 1793, which being read, on motion, resolved, that the said letter and account be referred to a committee of the Council and House of Representatives, and that Mr. Sevier be appointed on the part of the Conncil. Sent to the House of Representatives the following message : Mr. Speaker and Gentlemen of the House of Representatives',- We herewith send you a letter from Daniel Smith, E^q., seftretary of the Territory, covering an account of monies received and ex|)8ndBd as treasurer, in pursuance of an act passed by the Governor and Judges, the 13th day of March 1793 ; and propose, that a joint committee be appointed 14 to takp the same into consideration. The Council appoint on their part Mr. Sevier. Received from the House of Representatives, a bill for ascertaining what property in this Territory shall be deemed taxable property, the method of assessing the same, collecting, &c. And, a bill for authenticating deeds, bills of sale, and powers of attorney, each endorsed, ' read the first time and passed.' Ordered that these bills be read ; which being read, passed the first time and returned. A bill for extending the line between the counties of Sullivan and Hawkins, endorsed, ' read a second time and. passed.' Ordered to be read, which being read was rejected. A message from the House of Representatives: Mr. President and Gentlemen of the Council, ^ The House of Representatives concur with the resolve entered into by the Council, in authorising and requesting the Governor to cause a new census of the people to be made, &c. and propose the following proviso ; and that a statement thereof be laid before the succeeding assembly, to judge oi such apportionment. Which being read was non concurred with — and the following message sent to the House of Representatives : Mr. Speaker and Gentlemen of the House cf Representatives, The Council do not concur in adding the proviso to their resolution^ as by you proposed, but propose that the following words be added to the resolution, after 1791 ; and lay the same before the next General Assembly. On motion of Mr. Sevier the following message was sent to the House of Representatives : Mr. Speaker and Gentlemen of the House of Representatives, As doubts have arisen whether the laws of North Carolina are now in force in this Territory^ the Council propose meeting the House of Repre- sentatives at such time and place as they may appoint, to take into coa- sideration the said subject. Received frofn the House of Representatives, the following messages : Mr. President and Crenthmen of ike Council, We herewith send you the petition of sundry of tbe inhabitants oF Jef- ferson county, which has been read in this House, and referred to the committee of propositions and grievances. Mr. President and Gentlemen of the Council, We herewith send you the petition of Nathaniel Evans which has been read in this House, and referred to the committee of propositions and grievances. Mr. President and Gentlemen of the (^ouncil, We herewitb send you the petition of Christopher Haynes, which was referred to the committee of propositions aitd grievances. Mr. Presi^nt and Gentlemen of the Council, We concur with your amendment to the resolution of your House as by you proposed, for taking the census of the people of this Territory. 15 Mr. President and Gentlemen of the Council, We concur with your proposition in .tlie two Houses meeting and to take into their consfteratioo, whether the laws of North Carolina are now in force and use in this Territory ; and propose that the conference fae at four o'clock, at the court house. Mr. President and Gentlemen of the Council, We concur with your proposition in appointing a joint committee to take into consideration the subject of the letter of Daniel Smith, Esq., and for that purpose appoint on our part Messrs. White, Cocke, Dohertyt Hardin, and Wear, to act with Mr. Sevier. Adjourned until to-morrow, 7 o'clock, A.ai. SATURDAY, SEPTEilBER 6, 1794. Met according to adjournment. The bill to establish courts of law, and for regulating the precpedings therein — and l^e bill to establish a militia in this Territory, were read the first time and passed. ' A message from the House of Representatives : Mr. President and Gentlemen of the Council, We herewith send yon the report of the committee of propositions and grievances with which this House concurs. The committee of propositions and grievances, Report, (hat it is their opinion, the petition of divers inhabitants of the county of Washington, praying to be relieved from the penalties of the law that may be inflicted on them, on account of , a certain trespass, ought not to be complied with. That the prayer of the people of Knox on the south side of the river, praying a new county is just and reasonable. That th6 petition of a number of the inhabitants of Jefferson county, praying a division of that county, is reasonable. — That the petition pf the people called Quakers, as far as it is reasonable, will be provided for in ttiie militia law now before a committee. — That the prayer of certain soldiers,, under captain Nathaniel Svans, praying compensation for their horses taken by the Indians, is a subject, that your committee is of opinion. Could be more properly laid before Congress ; but that it cannot be granted by this assembly, notwith* standing the high sense we entertain of the bravery of those soldiers in defending themselves against a great superiority of enemies. ' JOHN TIPTON, Chairman. Received from the House of Representatives a bill for the establishment of college in the vicinity of Knoxville, endorsed, 'read the first time and passed ' — which was read the first time, passed and returned. > Also, a bill ascertaining what property shall be deeiined taxable proper- ty, &c., endorsed, 'Read the second time and passed. ' The bill directing the mode of authenticating powers of attorney, was read the second time and rejected. ' , AdjoDraed till Monday 9 o'clock, a. m. 16 MONDAY, SEPTEMBER 8, 1794. Met according to adjournment. The bill directing the mp^e of authenticating powers of attorney, and authorizing executors to make conve'yances, was read the third time ; and on motion to amend the bill, it passed in the affirmative ; and ordered, that the following message be sent to the House of Representatives : Mr. Speaker and Gentlemen of the House of Representatives The Council propose^ that the bill to authorize executors and adminis- trators to make conveyances, be amended in the following manner, viz: That the word ' five, ' in the 9lh line of the 3rd section, be altered to ' three, ' as it fortaerly stood in Ihe^bill, and that the following be added to the bill, viz: ,■ Sec. 7. And be it further enacted, That in all cases where judgment and execution are obtained against, the estate of any person or persons whatever, where the real estate of the debtor may be charged, it shall and may be lawful for the sheriff to levy execution on any entry or entries, lo- cation or locations, held by the debtor or debtors, atid sell the same in the same manner as lands held by deed or grant. And on all such sales made, pursuant to this act, the mode of conveyance shall be by an assignment of the warrant or warrants, and by transferring of the entries and locations by the sheriff of the county where such lands are situated. 1 That the caption of l.he bill be as follows : ' A bill to authorize execu- tors, administrators and sheriffs, to malse conveyances. If the House of Representatives agree to these amendments, they Will send two of their members to see them made. Mr. Winchester moved lor leave to absent himself from the service of the Council, during the present session, which was granted. A message from the House of Representatives : Mr. President and Gentlemen of the Coimcil, We heriswith send yon a resolve entered into by this house, in favor of James White, Esq : Resolved, That James White, Esq., be allowed the sum of two hundred and twenty-seven dollars, for his services rendered the public, in carrying forward and presenting the memorial of the Representatives of the people of this Territory to Congress. Concurred with ; and ordered tha.t the following message be sent to the House of Representatives : Mr. Speaker and Gentlemen of the flouse of Representatives, The Council concur wi(h the resolution of your House, allowing James White, Esq., a compensation for bis services in carrying forward and pre- senting the memorial of the Representatives of this Territory to Con- gress. A bill for the establishment of Blount college, was read the second time, amended and passed. Received from the Hp^use of Representatives a declaratory bill respect- ing the law^, of North Carolina, as to their being in force and nse in this Territory, endorsed, ' read the first lime and passed- ' 17 Ordered, that this bill be read, which being rj^d, was passe^ the first timie and returned. The bill to authorize executors, administrators and sheriffs, to make con- ' veyances, was read the third time, ani^nded, passed and ordered to be en- grossed, * * The bill to alter the time of holding courts of law and equity, was read , the third ti,me< passed, and Ordered to be engrossed. ^t Adjourned till tormorrpw 9 o'clock, a. ^. TUfiSDl^Y, SEPTEMBER 9, 1794,j,;_ Met according, to adjouromept, ^ -■ , ,> < Received from the Hojise'fof ^epresei;tatiY@s.a bill to ee^lish cnurts of law, and -for regulating th^. proceedings therein, endorsed', ' read the first time>a(id pag^d. ' Ordered to be read, which being^ad, was amended, passed a isecond tioie, and returned. , , Received from the House of representatives a bill of pardon and oblivi- on, eodorsedi-.' read the first time and passed. '' '*!#> ' .» Ordered, thatthis b^l be read ; whicti being read, vrks rejected.^ The bill to ascertain the several officers' fees therein jnentioned, was read the first time and passed. ' On motion, resolved-, that fh'e fbllowing clause be add?d to ibe resolution.^ of the House flf Representatives of yesterday, in' fawor'^of James Wh'i^e,''*- Esq., and that the following message be sent to the House of Representa- '*'*": ■ ''* ^ ' .^ ' ; ' 'A Mr. 8peaker'and Gentl&tien of the House of JRepresematives, • The Councft, have entered into the Resolution herewith sent, in amend- ment to that entered intoi yesterday in favor of James White, Esq-, with which^lhey reque^^your Concurrence. . , fieso^ed, ,Th^t Daniel Smith, Es)}-, be. directad to pay. James White, Esq.„the.sum of two hundred ^^.twenty-seven dollars,- as Allowed hira by the resolve of yesterday, dedtfcting one hundred and fifteen dolfars ad- yanced, whicli shalLbe allowed the. said Daniel Smith in th^ settlement cif his accounts. Mr. Taylor fWas appointed to examine, eng^gased, bills,, in. the room of Mr. Winchester, wlio had leave of absence. Adjourned till to-morrow S o'clpek. WEDNESDAY, SEP'IEMBER, 10, 1794. Met according to adjournment. ' ' ' , . •* Receiyed'trom the "Honse of Representatives, a bill providing it>r lb'§^ payment of such debts as are due td persons for services performed in cut- ting a road to Cumberlati'd, &c. ■ * ; . t A bill to authorize the drawing a lottery in the district of Mero, fprtfie purpose of raising a fund for creatiisg a dktrict g^ol and stocits:rn the*^ towij of Nashville. ' And , ; '.■Sf* |i ■•■ ^' . .^, . A bill for dividing Washington county i^ t^ district coiifnties, eaclr ^ endorsed, ' read the first time and passed,*^ 2 18 ©rfferetf, that these bills be read ; which being read,' were pkssed the , first time and ^etufned. ■' Also, a bill td establish Blount college in the vicinity of Knoxville, en- dorsed, ' read the third time and pasijd. '' Ordered, that this bill be' read; which being read,, was passed the third time and ordered to be engrossed. Received from the House of Representatives the following message : Mr. President and Oentkmen of the Council, We herewith send yon a resolution entered into bjt this" house in favor of William Cocke, Esq. .^ Resolved, That William Cocker Esq., having acted as attorney for the district of Washington, be permitted to receive" the sum of two hundi'ed and fifty dolJatij'out of the fines to be collected, and which have been^m- posed during the time he acted as atxorney for the district aforesaid'; and to be accbuntable to the'fntnre legislatgre of, this' Territoryfi when Con- gress rpakes provision to pay him for his services as . attorney for said district. , - ' ' ' ^ ' Read and non-concurred with ; and on motion, ordered, that the follow- ing message be sept to the House of Representatives : Mr. Speaker and Gentlemen of the House of Represenla.tives,. The Council do tU)t concur with the- resolution by you entered into in favor of Wijliam Cocke, Esq. But have entered into the resolution here- with sent, with which th^y lequest youj- concurrence. * Whereas^ William Cocke, Esq., having served and acted as state at- torney for the district of Washington, fox which there is not as yet any provision r'nade by law ; "• j ' * Resolved, by the Governor, Legislative Coundjl, and House of Repre- sentatives, That William CocBe, esquire, he allowed and permitted to take and receive the sum of two hundred and fitly dollars dnt.of the Irnes to be collected, or which ha.ve been ceMected, and which have "been imposed during the time he acted as attorney foc'the district aforesaid ; which sum is to be refunded to any filtare tegislature, in ease the Congress of the , United States shitU make provision to pay him for services as attorney for said district. K.feceived from the House tif Representatives the following messages : ^JMr. President and Gentlemen of the Council, This House agrees to your amendment to the resolution in favor of William Cocke, esq. : Mr. President and Gentlemen of the Cotncil, , We herewith send you the petition of sundry inhabitants of the coun- ties of Knox, Jeffeteon, aud Hawkins, which has been referred to the com- mittee of pi^opositions and gi'ievances. Mr. Presided and' Gentlemen f This house concurs with your amendment to the resolution in favor of James White, esq. Mr. Donelaon moved for leave, and presented a"bill to divide the county ^ "of Jefferson intb-tftfO distin<;t bounties, 'which was read the first time and 19 The bill for establishing a militia in thfs T&rritory, was read a second tim^, amended and passed.- Mr. Donelson, froip the committee appointed to make an estimate of *he expenses for theiyear 1794, reported, that tJie probable expenditures for said ye&i, will, amount to two thousand three hundred apd ninety dol- lars. " The bill for ascertaining what property in this .Territory shall be deem- ed taxable^ &c., was read the second time amended andthe Territory of the United States North West of the river 'Ohio — The ordinances of the Governor, and the acts of the Governor and Judges, be published with the acts of the pres- ^ent session. Orderedj That the following message be sent to the House of Represen- tatives: Mr. Speaker, On motion, Mr. Sevier had leave to withdraw for amendment the bill to establFsh courts of law, &c. Received from the House of, Representatives, a bill to divide the coun- ty of Jefferson into two distinct counties, endorsed, ' read a second time and passed — and a bill authorising the raising a fund for cutting a road from South West Point to the settlements' on Cumberland, endorsed, read the 'third time, amended and passed. • . / Ordered, that these bills be read, which being read the former was amended, passed the third time 'and returned, and the latter passed the third time and ordered to be engrossed, v f Also, ji bill to authorise the justices of Hawkins to Uy,a tax, &e. en- dorsed, ' read the third time and passed '— a,nd a bill for the collecting, pay- 22 ment of, and accounting fat the public taxes, endorsed, ' read the first time and passed. ' Ordered, that these bills be read, which being read the former was pass- ed the third time and ordered to be engrossed ; and the latter tlie second time and returned. Adjourned until to-morrow, 10 o'clock, a. m.. WEDNESDAY, SEPTEMBER 17, 1794. Met according to adjournment! Received from the House of Representatives, a bjll appointing commis- sioners to run the dividing ling between the counties of Hawkins and Sul- livan, and the dividing: line between the counties ,of E!nox and Hawkins, endorsed, ' read the first time and passed. ' ' Orieret;, that this bill be read,, which beirig read, was passed the first time and reiturned. "' Mr. Donelsoh, who had leave to withdraw for amendmeut, the bill to regulate and ascertain the several officer^ fees therein mentioned, present- ed the same with the amendments, which was read the tbird time and sent to the House of Representatives. Received from the House of Representatives, a bill for establishing the county of , endorsed, ' read the first time and passed. ' Ordered, that this bill be read ; which being >ead was passed the first time and returned.^ Also, a bill to establish a militia in this Territory, ebdOrsed, 'read a second time, amended and passed.' ' Ordered, that this bill be read^ which being read was amended, passed the third time and returned. Adjourned till to-morrow 9 o'clock, a, m. THURSDAY, SEPTEMBER 18, 1794. Met pursuant to adjournment.. Received from t^e House of Representatives the following memorial, which, was read and concurred with. Territory of the United States south, of the fiver Ohio. The tnentorialof the Legislative Council and House tf Representatives, to the Congress of the TJnited States of A'hericd, ' ■ It appearing from the proceedings of your late session, upon the memo- rial of^the Representatives of the people of this Tetritory, that both the Senate and House ot Representatives agreed in the propriety and necessi- ty of extending effectual protection tn'.the exposed, frontiers of this coun- try, though they differed in the modp ; we are induced to hope the subject will again be taken up at an early day of the approaching session, and that unanimity, as to the mode will take place! We have now to inform you that since the date of that memorial, Feb- ruary 26th, the Creeks and Cherokees have not ceased to kill the citizens Of the Uijited States, resident iq fhis Territory, nor to pillage the country, 23 but have oontiaued' to. drt both, as. usual, with an- unremitting hand ; in prooiT of which we refer you to the annexed list of ^murders and thefts, committed since that period,— We are truly sensible that the motives of government in forming treaties witli those two nations, and in giving them large presents and annuities, have been, not the love of Indiatis, but with the hope that guch proofs of, friendship would produce'a return of it on their part towskrda the citizens of the United States^ and thereby a real peace and good understanding would be established beJ^een the parties. But, alas ! we by dreadful experience Jcnow it has hada contrary effect, — Instead of viewing such conduct on the part of the United Staies, as an evidence of friendship towards them, they' have considered it as an eyi- denee of fea*, or as a tribute pard to their superior prowess in \y!a.r; and thus vieyvijig it, it has .gerved only to encourage them to ,iiU additional numbers of your exposed fellow-citizeils. Fear, tidt love, is the only means by which Indians cfin be go,verned ; and until they in tura are, made to feel the horrors of war,, they will ^ot know the value of peaeb, nor ob-, serve the treaties they may form with the United States. In discharge bf the duty we owe our constituents and. ourselves, we have made to you this memorial, coiifiding that you, in discjiarge .ef.that, wjiich you owe to yours and yourselves, wilj( take meaBures to punish those two faithless and., blopd thirsty natioiis, the Creeks and Chero^es, according to the usage and cu^to^m of nations ; and to secur^ the persons and property of the citizens of the United States, resident in this Tefri- twy. GRIFFITH RUTHERFORD, P. L. C. . . David wilson^s. h. r. A list qfihe names of persons kitled, vloimded a^d captured since the ^lolh '■■ : ■ day of February^ 119i. , ' , March 9th.' Samuel Martin, killed on a. path leading from Henry'S station to his father's house ; and lamps FergUlibn, on a path leading from John Craig's station. 12th. .Fqai the assembly, 2 60 The Council propose that the estimate be made up t« Saturday next inclusive. Received from the House of Representatives a bill to enable sheriffs of counties to sell certain property stiggested to be held by fraodlilent con- veyances, endprsed, ' read the first time, passed.* Ordered, that this bill be read, which beiag read, was passed the first time and teturned. Mr. Sevier moved for leave and presented a bill for establishing Enox- .ville on the north bank of the .Holston, which was read 'the first time, passed, and sent to the House of Representatives. On motion, the iollowing resolutions w«re entered into, and sent.to the House of Representatives for concurrence : Resolved, That it is the sense of this General Assembly, that two or more of the Judges, in discharge of tkeir duty,, shotild attend- each and 27 every ot. the Supreme Courts of Law and Equity, if praetieable, any law auijiorisiiiig one Judge, in tli^ alisence of ttio others, to hoM the same notwithstanding. '■ i^ Resolved, That the clerks of the Council and House of Representfitives be directed to cause to be delivered to each of the Judges of the Supreme Covu-t of Lftw and Equity, an- anthenticatsd copy of the aboye, and of this resolution. Received from the House of Repr^entativesthe following message : Mr. President and Gentlemen of the Council, This house concurs with your message with respect to the estimate by yon proposed, for the payment of the members of thi general assembly, their clerks, and dooi; lieepsrs ; and also for the estimate to. be made up to Saturday next inclusive. . ' , , Receiived'from the House of Represeiitatives the resolution respecting the jndgeisof the s;iperior courts, endorsed, ' concurred witli,' Received also a bill to enable sherifis to sell certain, property Buggpsted to be held by fraudulent conveyances, endorsed, ' read the second ,,time and passed.' . _ ,. ■ . ' On motion, ordered, that the rule be dispensed with, and .that thip biH be read, which being read the second time, was rejected. 'I^ Received also, a bill eatahlisWng sL treasury department, endorsed, read the third' time and J)^ssed. Ordered, That .this bill be read ; which being read, was passed the'third time and ordered to be engfossed. Mr. Ponelson moved fo> Iteaye and presented a bill appointing caip'iJts- sioners in the county of JeflPersoji, for the purpose of erecting a court house, prison and stocks, &c., which was read the first time and.,paBsed. WEDNESDAY, SEPTEMBER 2i, 1194. Received from the House of Represeiitatives bill to establish l^noxville' on the north bank of the HQlstqn„&e., endorsed 'read the first time and Ordered, That these bills, be read; whicJi being read, were passed tte second time and returned. i , *f Also, a bill to repeal so much of the act entitule<| an act requiring peri? sons holding monies arising from fines and forfeitures, taxes on law pro- ceedings, &c., ^s lays a. tax on marriage l}flenses,,and ,a bill for appointing commissioners in the county of Jefierson for the purpose of erecting a court house, prison and stocks, &e., each endorsed ' read the first time and Ordered, That these bills be read ; which being read, tlje former was passed^e fifest, and the latter tl?e second time and returned, Receive^'aiso the following resolution : Resehed, That James White, esquire, the rfiprejentadve of this Terri- tory in Congress, he instructed to take an early oppoj^unity of exhibiting to the President o{,Congress the additional , list of one hundred and five of our fellow citizens, who have suffered by the Creefes.an)! Cherql^ees since our meraprial to Congress in the spring, in addition to the former innurae- 28 ;able and tiruelacts of hostility with which this Territory has been insulted hy those Indians ; and to assure his Excellency that if the people of this Territory have borne with outrages which stretch human patience to its utmost, it has been through our Veneration for the head of the federal go- vernment, and through the hopes we entertain, that his influence will finally extend to procure for this injured part of the Union, that justice which nothing but retaliating on an unrelenting enemy can afford. • Adjourned lalll to-morrow, 9 o'clock, a. m. THURSDAY, SEPTEMBER 25, 1794. ' Met pursuant to^adjiournment. Received from the House of Representatives a bill for establishing Kaoxville on the north bank .of the Holston, &c., endorsed 'rea4 the se- cond time and passed.' 'Ordered, That this bill be read ; which being read, was passed the third time and returned. Mr. Sevier moved for leave and presented a bill appointing a public printer, which was i^ead the first time and passed. Received from the'House ot Representattyea a bill for appointing com- missioners in the county of Jefferson, for the purpose of erecting a court- house, prison and stocks, endorsed ' read the second time and passed.' Ordered, That this bill be read ; which being read, was passed the third time and returned., Adjburned until to-morrow, 9 o'clock, a.m. FRIDAY, SEPTEMBER 26, 1794. Met according to adjournment. -' Received from the House of Representatives', a bill for appointing a pub- lic printer^^a bill empowering the several county courts in this Territory to lay a ta^ annually) &C., and a bill for ascertaining the fees for attornies at law in this Territory, each endlorsed ' read the first time and passed.' Ordered, that these bills be read, which being read, the first was passed the second time, and the two last the. first time and returned. Received also, a bill to repeal so much Of the act requiring persons holding monies' arising from fines and forfeitures, taxes on law proceed- ings, &c., as lays a tax on milrriage licenses, endorsed ' read the second time and passed.' Received also, a resolution of this House for adding thb names of the persons killed and wounded since the date of the memorial of this assem- bly^of the 15th instant, to the list contained in said memorial, endorsed ' read and concurred with.' . Received also, a bill for. the collecting, payment of, and accounting for tb^ public taxes— ^a bill for appointing ii public 'printer, each endorsed 'read' a second time and passed.' Ordered, tiat these bills be read,' which being read, were amended, pa^ed the third time and returned. Received also, a billfor ascertaining the fees of attornies at law in this 29 -s Territory— and a bill empowering the eeveralconnty courts to lay a tax annually, &e., eaoh endorsed ■ read the second. time and passed.' Ordered, that these- bills be read, which being read, the former wa?, on motion, r^ected.; and the lattey passed the second time and returned. Mr. Dopelson moved for leifive and presented va bill to repeal an act of the Governor and Jiidgea, passed November 20, 1792, entituled an act au- thorizing the courts of the several counties tp, lay a tax for 'repairing or building -of courthouses, &c., which was read" the first time and passed. Ordered, that the. following message be sent to the House of Represen- tatives : Mr. Speaker cmd Gentlemen of the House of Representatives, •■ We propose that the clerks be, allowed for drawing and engrossing bills the sum x)f three dollars and thirty thfee- and a third cents, except for the court bill, for which we propose allowing fifteen dollars, with which we request your concurrence. Adjourned till to-morrow 7 o'clock, a, m. SATURDAY, SEPTEMBER 27, 1794. Met according to adjournment. '■ Received from the House of Representatives a bill to repeal so much pf the act, entituled an act requiring persons holding monies arising irom fines and forfeitures, taxes on law proceedings, &c., as lays a tax on mar- riage licenses, endorsed 'read the third time and passed.' Ordered, that this bill be read ; which being read, was' parsed the third time and ordered to be engrossed. Received from the House of Representatives the' following message : Mr. President and Gentlemen of the Council, '' The House of Representatives do not concur with your message with respect to paying the £lerks for drawing and engrossing bills ; but pro- pose that they be allowed two dollars and fifty cenjts for drawing and en^ grossing each bill, except the court bill, for which they shall receive twelve dollars. Received also, a bill to amend an act establishing a militia in the state ^ of North Carolina, &c., endorsed ' read th.e second time, amended and passied.' — And a bill to repfa,! an act of the Governor and Judges, pasied November 20, 1792, entituled an act. authorising, the courts of the several Counties to lay a tax for building or repairing of court houses, prisons and stocks, &c., endorsed ' read the first time and passed.' ««s Ordered, that these bills be read, which being read, the former was, on motioli, rejected, and the latter passed the second time and returned. Mr. Seyi&iP moved for leave and presented a bill declaring the county of Seviej a jart of the district of Hamilton, &c., which was readj.the, first time and passed. Received from the House of Representatives a resolution for applying two hundred pounds of the money arising upon the sales of the salt licks in Mero disljict. (Also, an address to his E?cellency Governor Blount; re- questing a guard for the members of the asseiQbly from Mero district, and the, families moving there. - . C 30 Read and o^ncurred wilJi. Received also, a bill to repeal an actof the Governor and Judges, passed Nov. 20, 1792, entituled, an acHo authorize the courts of the several coun- ties to lay a |ax for rapairing or building of court-houses, prisons and stocks, &o., and a bill declaring the county of Sevier a part of the district of Hamilton, &c., endorsed ' read the first time and passed.' Ordered, That these bills be read ; • virhich being read, the former was passed the second, and the latter the third time and returned. Received from the Governor the following message in answer to an ad- dress this day presented him. Mr. President and Gentlemen of the Legislative. Council,^nd Mr, SpeakerfOnd GenlUmen of the House of Representatives : The guard yon request for the members of Mero district returning home, an^ the families moving to that district, lyili be ordered as you request, and will be in readiness early on Monday. WM. BLOUNT. Received from the House of Representatives, a bill empowering the se- veral county courts to levy a tax, &c., endorsed ' read the third time and Ordered, That this bill be read { which being read, was passed the third time and ordered, to be engrossed. On motion, the bill ascertaining what property in this Territory shall be deemed taxable property, &c., was read and amended. Sent to the House of Representatives the following message : Mr. Speaker and Gentlemen : ' , The Council, upon reading for the tbjrd and l?ist time the biH ascer- taining what property in this Territory sbaU be'de>enled taxable property, &c., have amended the same in the foMwing inanner, which if agreed t6 on your part, you will please send two of your members to see the altera- tions made. Sect. 1. We have reinstated the clause for taxing all free males and iilale servants between the age of twenty one and fifty years> In the same section we have reinstated the word "ten" in the clause taxing slaves ; and have struck out the clause taxing stud horses. Sect. 2. Instead of. tvreiity-five cents per hundred acres for land, we have set one-eighth of a dollar; In the >ame section, on each and every taxahie iiegro poll fifty ieents, instead of twenty-five cents ; a.nd on all tax- able white polls twenty-five '6ehts. On all town lots one dollar instead of fifty cents. . A message from the'Heuse of Representatives : Mr. President and GenikMen of the Council : The House of Representatives agree with the Council to amend the clause in the first, section, by reinstating the word "«en" in the clause tax- ing slaves ; and in the second section, on each and every taxable negro poU, fifty cents in lien of twenty five cents ; and on all town lots, one dol- lar instead of fifty cents — But da not concur with the amendment, section first, in striking out the clause taxing stud horses; and which reinstates the clause for taxing all free males and male servants between the age of twenty one and fifty years ; and in section second, for setting one eighth 31 af a. tJcJlarinsteadof twenty five cents per hiHjdred. acres for land ;.and en all taxable white polls, twenty five cents. This-honse cannot agree to pass the J)ill except such clauses' as they object to are reinstated by the Council. Ordered, that the following message be sent to the House of (Represen- tatives; Mr. 'Speaker and GentUmen of the House of Repreieiptatkes, The Council inform you, that they cannot agree, to your proposition res- pecting the tax bill, wherein you wish to have the clause taxing wliite polls struck out, as they are of opinion a tax cannot with so much ease and convenience be collected any other way ; the method you propose be- ing involved in uncertainty, and we fear will not be sutEcientl/prodnctive. Further, we have to obsetvs that it is incumbent on tfte assembly, and highly necessary to haVe a tax speedily collected, the want of which may produce consequences not easy to be surmouated, and very difficult to re- concile to the credit of our infant govei;nment. The Council agree to the tax proposed to be laid on stud horses ; but cannot agree to any other alte- ration in the bill. Received from the House of Representatives the following message : Mr. President and Gentlemen, The House of*' Representatives cannot agree to your message respecting the tax bill ; but propose that there be a tax of twentyfive cents on each hundred acres of land, and twelve and an, half cents on each and every white poll. They agree to your proposition- in the tax of four dollars on each etud horse. , i ' ■ Which being read, the following message was ordered to be sent to the House of Representatives : i Mr. Speaker and Gentlemen cf the House of Representatives, The Council agree to your proposi.tion respecting the tax bill, exce|$t that part which lays a tax of twenty five cents per hundred on land *, bjit propose that the tax on each hundred acres of land be twelve and an half cents, as it now stands in the. bill. Received from the House of Representatives the foltovving. message : . Mr. President and Gentlemen of the Council, The House of Representatives cannot agree to your proposition respect- ing the tax bill, nor Rescind in any degree from their'former proposition ipf this day. , f Which being read, on motion, the following message was returned : Mr. Speaker and Gentlemen of ihi House cf Representatives, The Council, upon mature consideration, after having made an estimate of the difierent objects of ta,x'ation, v^hich they herewith send you> still ly- here to their proposition in taxing land at one eighth of a dollar.. per hun- dred acres. They hope the House c){ Representatives, ypon re-considering the subject, will agree to this proposition, as it is not the^ wish of; the Council to draw more ou,t.df the pockets of thein. constituents, thah.tvill he necessary for the support of gpverriment. It will be. worthy the notice of the House of Representatives, that the tax on law pEoceedings has not heretofore been included in any estimate ; 32 'If and that there will be a contingent fund, arising from fines and forfeitures, not ,even included in this estimate. Dollars, 10,000 white jpoUs at one eighth of a dollar - - l,2fi0 1,100 black ditto, at 60 cents - - - §50 100 stud horses, at 4 dollars - -- - .400 200 town lots, at 1 ditto . - . . 200 Taxes on law proceedings, grants, deeds, &e. - 750 , 1,000,000 acres of land, at one eighth of a dollar - 1,250 Total, 4,400 A message from the House of Represen,tativeB : • Mr. President and Gentlemen of the Council, The House of Representatives do not concur with your message respect- ing the tax bill ; and further add, that they cannot rescind from their former proposal of twenty five cents per hundred acres for land. Adjourned till Monday 7 o'clock, a.m. MONDAY, SEPTEMBER 29, 1794. ■. Met according to adjournment. Received from the House of Representatives, a bill declaring the county of Sevier a part of the district of Hamilton,' &c., endorsed ' read the se- cond time, amended and passed' — which being read, was passed the third time and returned. , - Received also the following resolutions : . ^ Resolved, That where any clerk of a court, or other officer, has received Jhe paper currency of Nortli Carolina in payment of fines or other public dii^s, and shall pay the same inJ:o thehands of the treasurer, the said trea- surer shall issue such paper currency at the rate of ten shillings to the dollar, upon all orders from the general assembly of this Territory, where the person or persons in possession of such order or orders are 'willing to receive the same. ' Resolved, that James White, esquire, the delegate from this Territory to Congress, is hereby requested to use his endeavor that the pay-master or his deputy attend in, the district of. Mero, for the purpose.of paying the militia of said district. Which being read were rejected. J .-Sent to the House of Representatives the following message : Mr. Speaker aiid Gentlemen of the House of Representatives, The Council propose to amend the tax bill as follows, to wit— That there be a tax of twenty flve^ents on each taxable poll, and eightee'ncenis on every hundrefd acres of land. If the House of Representatives will agree to this proposal, they will please send two of their members to see the, bill amended cDnformably thereto. ^ A message from the House of Representatives : Mr. President and Gentlemen of the, Council: The House of Representatives concur with your proposition of laying 33 a tax of twenty five cents on each taxable poll ; but cannot agree to your proposition with reBpect%ouse now' occupied bythe Legislative ponpcit.. Sent Jbr concqrrence. " '* Received from the House of Representatives the following resolutions : Resolvedfthat James White be alloWed five, dollars fbr tne use of the' court house during the session of the assembly. ■ 3' '■"■'"•"■ ' 34 Resohedi-'thAi John Chisholtn be allowed the sum of two dollars for his moQies expanded for the public service of this Territory, .during the recess of the assembly. Read and concurred with. Received also, the following resolution : Resolved, that the thanks of this general assembly be presented to Gov- ernor BlQ,unt, for ihe application of bis abilities and attention in forwarding their business as Representatives; more especially in compiling and ar- ranging the system of court law. And that there appears to be no more business before this assembly, his.Excellency be requested to prorogue the same to th^ first Monday in October, 1794. Received from the House of Representatives, a resolution in favour of the engrossing clerks, endorsed ' concurred with.' Orderedfthat the estimate of the pay of the members of the Legislative Council, their clerks and doorkeepers, be entered on the journal. An estimate.ofthepay of ihe members of the, Legisl(Kive Council, their clerks and doorkeepers, for their attendance at the General Assembly began and held at. Knoa;ville, on Monday the 25.th day of Augusf, and ending Sep- tember 3P, 1794— flZso mileage and ferriage, allowing two dollars and ' Jifty cents for every twenty-five miles travelling to and from the same. Dolls, Cents. Griffith Rutherford, 37 days. 322 miles. 4 ferries. 125 70 John Sevier, 37 do. 200 do. •Zio. 112 16 '2-S Stockley Donelson, 37 do. 130 do. 4 do. 105 83 1-3 James Winchester, 15 do. 312 do. 4 do. 69 70 Parmenas Taylor, 37 do. 102 do. 2. do. 102 86 2-3 G. Roulstone, clerk, 37 do. 92 60 Ditto for stationary ) and engrossing. S 47 50 Wm. Maclln, clerk, 37 do. 380 do. 4 do. 131 50 Ditto for stationary ; and engrossing. ' ' 47 60 C. Shoat, doorkeeper, 37 do. ' 64 75 Tho. Rounds, do. 34 do. 12 do. 60 70 John Stone, for house rent, k Dollars, 10 970 71 2-3 Received from his Excellency Governor Blount the following iS^es- sage: Mr> President and Gentlemen of the Legislative Council, a.ni Mr. Speaker and Gentlemen tf the House of Representatives : , While your vote of thanks of this day affiirds a proof ,of your liberality, it offers me the highest reward for such attention as I have had in" my power to pay the court and other laws. I should feel myself wanting to the Council and House of Representatives, were I not to acknowledge, that the laws which have been offered for my assent, have been such as 35 are essential ,to the promg^tion of the pablic happiness, and that no law of importance at this .time is omitted. Herewith yon will receive the prorogation to the day as by you requested. WM. BLOUNT. Knoxville, September 30, 1794. WILLIAM BLOUNT, Governor in and over the Territory of the United Slates of Amerio(( south of the river Ohio, To the Presidemand Gentlemen of the Legislative Council-j-a,ai The Spedkef and QentUmen of the House of Representatives : The session of the General Assembly is prorogued until the first Monday in the month of October, one thousand seven hundred and ninety five, then to commence at thiB place. Given under my hand at Enoxville, September 30th, 1794. WM. BLOUNT. By the Governor, Dasiei. Smith. The business of the session being finished, it was unanimously resolved, that the thantss of this House be given to Honorable Griffith Rutherford, for his attention and able services as President of Legislative Council. Resolved, that the Honorable President sign the journal of the Council as the proceedings tbereof, and that the clerk attest the same. GRIFFITH RUTHERFORD, P. L, C. By order, George Roulstone, C. L. C. JOURIAL OF THE PROCEEDINGS OP THE HOUSE OF EEPRESEITATIYES OP THE TERRITORY OF THE UNITED STATES OF A'MfiRICA, SOUTH OF THE RIVER OHIO; BEGUN AND HELD AT KNOXVILLE, THE 26TH DAY OP AUGUST, 1794. KNOXVILLE : EEIKTED BY GfiORGE ROULSTONE, PRINTER TO. THE TERRITORY, 1794. NASHVILLE: RE-PKINTED BY McKENNIE & BROWN, TRUE WHIG OFFICE. 1852. ORCERED TO BE RE-PR1NTE0 BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE, OP 1851—2. JOUEFAL OP THE HOUSE OF REPRESENTATIVES. MONDAY the twenty-fifth day of August, 1794, being the day appoint- ed for the meeting of the Representatives of the People of thi? Ter- litory, the following members appeared and took their seats, viz. Dav'id Wilson, James White, James Ford, William Cocke, Joseph M'Mii), George Rutledge. Joseph Hardin, George Doherty, Samuel Wear, Alexr. Kelly, and John Beaird. « The session commenced by, a suitable and well adapted prayer by the Reverend Mr. Carrick. On motion of Mr. Hardin, eeconde No member shall speak more than twice' without leavb, in the same quesflon, unless it be in a committee of the whole honse^ 14th, No question shall be put on any' motion, unless seconded. l5th. Every member makmg any motion, wbicii is not of course, shall before makiog such motion, redue» th&'same to writing. 16th. If, there shall be an equality of vot«3 >fOr and against any ques- tion, the Speaker shall declare whether he be a yea or nay ; but sh^l in no other case give his vote. 17th. No member shall depart the service of the house without leave. 18th. Upon adjournment, no member shall presume to move until the Speaker arises and goes before. On motion, of Mr. Cocke, seconded by Mr. Doherty, ordered, that the following message be sent to the Council. ^ Mr, Presidenmnd Gentlemen of the Council : This House is now formed>anJ ready to proceed on the public JbuSiness, and wish to know if you are met and prepared to receive communications from the House of Representatives. On motion of Mr., Cocke,. seconded l^y Mr. DoheEty, a committee was appointed to consider and report as soon, as possible, what bilWof a public and general nature, are necessary to be* passed into laws the present as- 5 sembly'; suid that Messrs. Cpcke, ilaVdfn, Wear, VVhite and Doherty be appbmt^d a comm'iitee for that purpose. On motion of Mr. Wear, seconded by Mr. White, Ordbred; that the fol- IdWiiig message'be selit to the Cbii'ncil ; ' ' ^ MryPresuleni arid Gentlemen of , the Cquneil, . |.^ We propose that a joint cnrptnittee of both: houses be a,pppinted to re- port, as soon as possible, what bills of, a public apd general nature are ne- cessary to be passed into laws by the present assembly: We appoint on our part tor this purpose-, Mr. White, Mr. Cocl$e, Mr. Hfardifl, Mr. Wear, and Mr. Doherty, to act with such gentlemen "as jfou sfiail' appbint on your part. '' ' ' Reeeived from ^e Council the following message : lilt. Sjpeaker and Gentlemen of the House of R^reseniatives, The Cblincit have appqiflted Gen. Sevier to act With sich member or members as you may appoint, as a conimitte^,tp report the rules qecesSg- ry to be observed in doing busiriess between the Council and House of Representatives. On motion of Mr, W^itej seconded by Mr. Beaird, ordered, that the fol- lowing message be sent to the Gojipcil, _ , , ; Mr. President and Gentlemen of the Chuncil, We concur with your message, and appoint On our part jfri White, and Mr. Rutledge, to. confer with Mr. Sevier, what rules are necessary to be observed in doing business between tlie Council arid Iloiise of Represen- tatives. , On. motion of Mr. White, seconded by Mr. Wea,r, ordered, that an ad- ditional clerk be appointed io this' house. The following gentlemen were put in nogiination, viz, Mr. Thomas Wil- liams, and Mr.^Baldwip Harle. ■ ' ■ ' ' ' "'^ On motion of Mr. Cocke, secdndeVM)^ Mr. Doherty, ordered, that the assistant clerk be ballotted for to-raorroe first time, passedj and sent to the Coun- cil. On motion of Mr. Harding seconded by Mr. Doherty, ordered, that the following message be sent to the Council : Mr, President and Gentkmen ef the Council ; - The House -of Representatives have received the report of the commit- tee appointed to report what bills of a public and general' nature are ne- cessary to be passed into laws the present session, and have concurred therewith : And in order that the bills may be drawn and brought /or- ward, on the part of this house Mr. Wear, Mr. Taylor, and Mr. Doherty are appointed a committee to draw a bill to regulate the militia of this Territory. ■ Mr. White and Mr. Cocke, a committee to draw a bill to establish the judicial courts, and to regulate the proceedings thereof. Mr. Hardin and Mr. Tipton, a committee to draw a bill making provis- ion for the pcior. Mr. Rutledge and Mr. M'Min, a committee to draw a b^l to levy, a tax for the year 1794. ' Mr. Hardin and Mr. Ford, a committee to draw a bill declaring what prof^erty shall be taxable, and the mode of collecting the tax thereon. ' Mr. Doherty and Mr. Wear to draw a bill for the relief of such of the militia as have been wounded by the Indians in the late invasions. To act with such'gentleme^ as, you may appoint on your part. The house adjourned niitil 10 o'clock to-morrow.' FRIDAY, AUGUST 29, 1794, The house met according to adjournment. Mr. Wliite presented the petition of James Russell, which was referred to Messrs. Tipton, Hardin, White, Cocke, and Taylor, who are appointed a committee of propositions and grievances. Ordered, That the following message be sent to the Council, Mr. President and Gentlemen of ihe Council :' This house having taken the petition of James Russell into considera- tion, propose, that a joint and standing committee of propositions and grievances beiappointed ; and appoint on out pai$ Messrs., Tjpt9n, Hardio, White, Cocke, and Taylor, to 9ct in oonjUnctioii with such gentlemen a^ you may appoint on your part. Received from the Council a bill, to establish the toll of certain mills, endorsed, read the first 'time and passed. Ordered, that this bill be read, which being read ; on motion of Mr. White, it was withdrawn tor amendment. Received from the Council the follov^ing message : ' , Mr. Speaker and Gentlemen of the House of RepresentatwSs, We concur with your proposition for appointing committees to draw the bills that are of a public nature ; and on our part have appointed Gen. Se- vier to the court bill, ^nd Col. Winchester for the militia bill. 8 ,Mr. Doherty presented the petition of Henry Willis^ which was read and refered to the committee of propositions and grievances. Received from the Council the petition of the people called Quakers ; endorsed, refered lo the committee on the militia bill. Mr. Tipton presented the petiticm of sundry of the inhabitants of Wash- ington county, praying relief.from indictments against them for a certain trespass, which being read was refi^r^d to the committee of propositions and grievances. , Mr. White presented the petition of sui^ry of the inhabitants of the district of Me;ro, praying leave to raj^^ a sum of mon^y by lottery for the purpose of building a goal in said dis^ict, which, being read was refered as above. Received from the Council the following messages, Mr. Speaker ani Gentlemen of the flouse ef RepresentativeSf The Council Agree to your proposition of appointing a joint and stand- ing committee of propositions and grieva/nces, and on their part appoint Col. Winchester. Mr. Speaker and Gentlemen of the House of Representatives : ' We propose thi^t a committee be appointed for the purpose of drawing up a tax bill, and t6 report what sum of money is necessary to be raised for the support flf the civil list for the year 1794, ancl for that purpose ap- point Col. Doiielson on our part. ' Received also, a bill tp admit attornies at law to practice and plead the superior and county courts within the Territory, South of the river Ohio ; endorsed, leH the first time, and passed. On motion of Mr. White and seconded by Mr. Tipton, ordered, that the following message be sent to the Council in answer to one received from them to day. Mr. President and Gentlemen of, the Council, * The House of .Representatives agree .to, your proposition of appointing a committee.for the, purpose of drawing up a tax biHi and appoint on our part Messrs. White and Cocke. Mr. White n^oved for leav^i and presented a bill to establish a Universi- ty in Greene, county, read for the first time, passed and sent to the Coun- cil. Also, a bill directing the mbd6 of authenticating powers of attorney an3 obligations,, for the, conveyance df'lalid in certain cases, and author- ising executors and administrators to make conveyances, which was read for the first time, passed and sent to the Council. ' Mr. Doherty presented" a petition from the inhabitants sonth of French Broad river, setting forth their right of occupancy to their lands, and praying tha,t their case may be laid before Congress, which being read, was refered to the committee of propositions and grievance);. The house adjourned till 9 o'clock to-ii)ornDW. SATURDAY, AUGUST 30, 1794. The honse met according to adjournment. ** Itlr. Tipton from the committee of propoeitiops. and grievances delivered the following repbrt,.that the petition of James' Russell is rei^sonable, but win be provided for as' your committee expect, 6y a bili now liefore the house : Tney further report, that it is the opinion of your committee, that Henry WiUis complaining of an excessive fine in the. superior court ought to be refered to thp judges of that court. They also report, that a bill b? brought in to answer the prayerof certain inhabitants of Mero district, for a plan of a lottery to raise money for buildin|; a district goal. ;, JOHN TIPTON, Chairman. The house taking this report into consideration, concurred therewith. Ordered, that the following ciiessage be' sent to the Council : Mt. President and Geniletngn of i^e Council, We herewith send you the report of the committee of propositions a'nd grievances! with which this boUse concurs. Ordered; That the following message be^sent to the Council : Mr. Speaker and Gentlernen, We propose that a joint committee be appointed to draw up in general fee-bill, and fotthat purpose appoint on btir part Messrs. White Doherty, Hardin, Rutledge, and Cocke, to act with such-gentlemen as you may ap. point. , '- ^ Received from the Council the following bills : A bill for the relief of such persons as have suffered, or may suffer, by their grants, deeds, and mesne Conveyances not being proved and register- ed within the time heretofore appointed by law, endorsed,, read the second tinie and passed. Ordered, that this bill be read, which being read, was amended, passed the second time and returned. ' ' Also a bill to establish a University in Greene county, in the Territory South of the river OhiO) endorsed, read a second time and passed. Oi-dered, that the bill be rettd, which being- read, was amended, pissed a second time and returned. Mr. White presented the^memorial of Mr. Joshua Hadley,- prayingthat the officers of Evans's battalion be paid for their services performed by them in Davidson county, which was read and refered to the committee of propositions and grievances, and sent to the Council. Received from the Council a bill for the relief of such persons as have been disabled by wounds, or rendered incapaUe of procuring assistance for themselves, &c. endorsedrfead a second time and passed. Order^, that this bill be read, which being readj was passed a second time and sent to the Council ;: Aleo, a bill to admit attornies at law to prrctise, &c. endorsed, read a second time and passed. Ordered to be read, which being resd was amended, passed a second time and returned. Also, a bill directing the mode of authenticating powers of attorney, &c. endorsed, read the first tinfe and passed. Ordered) to be read, which being read, was amended, passed.the second time knd returned. 10 Mr. White who had leave to withdraw for amendment the bill for es- tablishing the toll of certain mills, delivered the same with the amend- ment, endorsed, read the first time, which being read a second time, was passed and sent to ^he Council. Mr. Rutledge presented the petition of William Evans, praying redress for a negro hanged under the authority pf the state of Franklin, which was read and r^fered to {he committee of propositions and grievances, and sent to the Council. i The house adjourned till Monday 7 o'clock. MONDAY, SEPTEMBER 1, 1794. The house met a6cording to adjournment. Mr. Coolse moved for leave and presented a bill to alter the time of holding courts of law and equity in this Territory, which was ordered to be read, which being read, paissed for the first time and sent to the Coun- cil. On motion, ordered, that a committee be Appointed to confer with the Governor what shall be the enacting stile of the laws to passed ; and that the following message be sent to the Council : ^ Mr. President and 6enllet,ien of the Council, We propose that a committee be appointed to confer with the Governor what shall be the enacting stile to our laws, for which purpose, we ap- point Messrs. White, Wear, Hardin, and Cocke, to act with such gentle- men as yon may appoint. Received from the Council the following messages : Mr. Speaker and Gentlemen of the House of Represenmtnes, ' The Council agree to your proposition iii appointing a committee to confer with the Governor, concerning the enacting stile of the laws to be passed, and on their part appoiht Mr. Sevier. , Mr, Speaker atfd Gentlemen of the Hottse of BepreSeraatives, > The Council do not agree to your amendment to the bill for the relief of euch persons who have sufiered or may sufier by their grants, deeds, mesne, conveyances, not being proved, &c. > Mr. Tipton from the committee of propositi»ns and grievances, to whom was fefered'the memorial of Joshua Hadley, surviving, officer of Evans's battalion. Report, That the said battalion was raised on the faith of the state of North Carolina as appears by their act of 17QG, and was destined for the protection of their then frontiers (Mero District). That the sol- diers thereof did their duty faithfully, and io discharging the same, many pf them lost their lives, but have received no part of their pecuniary pay. Your committee .further report. That it would be dishonorable and ini- quitous for the government of this Territoi;y not to pay these troops, had its'public faith been pledged for that purpose, nor could the failure of any particular fund have in that case been with propriety alledged as a pretext to evade t^e debt. Your committee are forced to call to remembrance that this Territory has never been protected in a state of peace and security, without which 11 it was reasonable to expect from it finances equal to the payment of such troops, as the state of North Carolina might think proper to inlist : besides that the inhabitants of this country contributed equally with said battalion to afford security and peace to the interior parts' of North Carolina. Your committee also rematk, that the most natural fund for the pay- ment of the soldiers. aforesaid would have been derived from the vacant land which these soldiers helpTed to*protect and secure, which fund has been disposed of for other purposes by the government Who raised the battalion ; tliat as for any other fund' established for this payment by the state of North Carolina, if such fund lias not proved effectual, the default did not arise firom any misconduct in this government, or in the. citizens thereof, but either through the ^neglect of the officers in that state, or the deficiency might be fairly ascribable to this, that the lands on which , the taxes ought to have bee^ collected were chiefly in the bands of citizens of North Carolina, whose a,bsence from the TerritoVy enabled them to evade the taf es ftnposed on and paid by the people of this Territory. Finiilly we are of opinion that the government is bound by do express contract with the said spldiers, so neither do yve see any equitable circum- stances which oujght to iiiduce this assembly tb discharge adebtcpn-. tracted by, and justly due from the state pf North Carolina. '''''■;=ig JOmi TlPTOJi, Chairman. Read and concurred with and sent to the Council with the following Mr. President and Gentlemen of the Council, ' • '■ 'i^- We herewith ^end you the report of the committee of propositions and grievances to whom' was referred the memorial of Capt. Joshua Hadley, with which this house concurs. Oa motion of Mr. Ha.din and seconded by Mr. White, it is resolved that no bill after it has been read and passed shall be again read on the same day. ' ' Mr. M'Min moved for leave and "presented a bill, empowering the courts of counties within this Territory to erect a court house, prison, flocks, &c. Orierei,. to be rea^. Qn being read, passed the first tiine and sent to the Council. Received from the Council the following message : Mr. Speaker and Qentlemen cf the Houie of R^eseiitatives, ' The Council concur with the' report Of the committee of conference with the Governor respecting the enactitig, stile of our laws, &c. Also the report of the committee on the same subject,' viz : The committee Appointed to meet in conference with the Governor and a committee of the Legislative Council, Report, That the stile to be ob- served in the, titles of acts should be as follows, viz : Be it enacted by the Governor, Legislative Council^ and House of Representatives.' They further report. Thai M bills be sent to the Governor after the second reading, for him to offer such amendments as he may think proper, and hot again, until the bill is engrossed for his assent. John SEVIER, caiman. The house taking this report into ..consideration do not concur there- With. ' • The house adjourned unti) to-morrow 9 o'clock. - TUESDAY, SEBf-EMBER 2, 1794. The house met accqtdlhg to adjournment. Mr. Beaird appeared and took his seat. Received from the Council a bill, to alter the time of holding courts, &c. endorsed, read tbe first time and passed. Ordered^ that this bill be read,.whi6h being read, w:as ainended, passed the second time and returned. Also, a bill for empowering the courts Of each cbnaty within this Terri- tory to^rect a court-house, &c. endorsed, read, the first time and passed. Ordered to be read, which being read, was amended, passed the, second tinie and returned. Also, a bill for the relief of sUch" persons who have suffered or may suf- fer by their' grants, &'c. not being registered, &o. endorsed, read the third time and passed without the amendments of the house Of Representatives. OrdereS, ttat this bill he read, which being read, on motion, it was or- dered, that the proviso in the latter end' of the second section be struck out, and that the following message be sent to the Council : Mr. President and Gentlemen of the Cmmcil, This house upon reading for, the third time, the bill for the relief ■of such persons who have suffered or may suffer by their graijls, &c. not being registered, &c. cannot agree to pass the bill, without striking out the pro-, viso, ' That nothing io, this act Qontajned shall be so construed 9.9 to adntit to record or i-egietration, or ratify any grant or gr^ijts hejletofore made in Lord Granville's office ;' And if the Council agree to this amendmeol^ they vjzill ?end one of tljeir m^mb^rs tp see it made. ', Received from the Council the fallowing message : The Council do not congur in striking out tl^e provi^, in the bill fo^ the relief of such persons Who have suffered, or niay suffer by their grants, &c, not be registered, &c. as by you proposed. The Council propose that managers may be'apipointed oh the disagree- ment, and on their part appoint Mr. Sevier.. Sgnt to theiCoen,cilthe( following message,: : , JMr. President and-QfiiUlemen oftlie Cemncil, This house agree to your 1 proposition in appointing managers on tbe disagreemeotijn striking oyt the proviso in the bill, for therelief of such persons who have suffered or may suffer by their grants^ &c. ^nd on onr part appoint Mr. CJocke a,nd Mr. Rutledge, to act with Mr. Seyier. The managers Report, Tiu^t they agree that the clause in th^ bj^ stand as proposed by the Council, with which this house concurs, ai;id.ordered the bill to be engrossed. , . ' , Oti motion, it is ordered, that the following message be sent to the Coun" til in answer to theirs of yesterday. 13 Mr. Preiident and Gentleman of the Council,, The house of Reprfesentat^ves do not concur with the report of t^. com- mittee 6f conference with the Governor ; but propose the enacting stile of* the laws he, "The General Assembly of the Territory South of the river Ohio." ; . Received from the Council the following message : Mr. Speaker and Gentlemen of the Mouse of Representatifies, ■ In pursuance with your proposition, the Council appointed one of its members, to join such members as you had appointed for that purpossi'to wait on his Expellency the Governor, and with him to confer what sttould be the enacting stilp ofaur^kws. . TJiat committee reported, and with. which report the Council concurred. Your message pf this day informs them, that yon do not concur with the ' , report of that committee. The.Cpuncil still adhere tatkslt concurrence with therfirst part of that report, for the following reasons : Tdat the Ordinance of Cpngress ex- pressly declares, ' That )iie General Assembly shall consist of the Gover? nor, Legislative Council, and House of Representfltives,' and ti^t all laws" ghall be passed by the Governor, Legislative Council, and Hpase of Rep- resentatives. ' Thb house taking this message into consideration, rescind^ their non- concurrence to the whole of the report of the committee of conference with the Governor, and agree as proposediiy the Cpj^ncil to the first part of the report of said committee ; and that the following message be sent to the Council : Mr. President arid Gentlemen tf the Council, - > ■ This house concurs with the first part of the report of. the committee appointed to .confer concerning' the enacting stileiof our laws. Received frxjoj the Council a biil for the relief of Such persons as have been rendered by woiihds, &c. incapable of procuring subsistance, &c, endorsed,' read the third time and passed. Ordered, that this bill -be read, which' being read, was aiialended, and passed the third time ; and the following message sent to the Council : Mr. President and Gentlemenbf the Council, ^ This house, on reading for the third time, the bill for the relief of such person! as have been disabled 'b'^ *ounds, or rendered incapable of pro- curing for themselves and families !subsistance, &.c. propose that those words, near the' close of the first section, be deled, to wit : ' By the Speak- er and President of both houses.' And that the following words be inser't- ed'in their place. ' By the Governor, President of the. Council, and Speak- er of the liouse of Representatives. Received from the Council the following message : Mr. Speaker and Gentlemen of- the House of Representatives, .'..,,■. The Council concur with your amendment to the. bill for the relief of such persons as have been disabled by wounds, &c. ■ ' Ordered, that this bill be engrossed. On motion of Mr. Hardin and seconded by Mr. M'kin, resolved, that 4 14 the balloting for the delegate to Congress take place to-morrow at ten o'clock, and that the following message be se'nt to the Council. Mr. President and Gentlemen of the Council: We propose to ballot to-morrow at ten o'clock, at the court-house, for a delegate to Cbtigress ; and on our part appoint Messrs. Taylor and Doher- ty, to superintend the balloting. Received from the Council a bill to establish a College in Greene county , L&c. endorsed, read a second lime and passed. Ordered, that this bill be read, which being read was passed a third time and returned. Received from the Council the-following message : Mr. Speaker and Gentlemen of the House of Representatives, The Council aj^ree to your pr^osition to ballot at ten o'clock to morrow fbr'a delegate to Congress, and appoint on their part Mr. Taylor to super- intend the 'Balloting. Jtfr. White moved for leave, and presented a bill fo establish the juris- diction of a single magistrate, &c, Ordered,' that this bill be read, which being read, passed the firsttime and gent to the Council. , The b0j]se adjourned till 9 o'clock, to-morrow. , WEDNESDAY, SEPTEMBER 3, 1794. The house met according to adjournment. Mr. Kelly returned and took his seat. ' ' The committee who was appointed to superintend the balloting for a member to represent this Territory in Congress, Report, that they have conducted the aforesaid election, and on taking. the polls, it appears, that James White, Esq., is legally elected by a majority of both houses. All which is submitted. PARMENAS TAYLOR, , , GEORGE DOHERTY, •*' . LBEROY TAYLOR. The house taking this report into consideration, concurred therewith ; and ordered that the fallowing message be sent to the Poancil : Mr. President and Gentletjien of the Couneil, We herewith send you the report of the committee appointed to super- intend the balloting for a member to represent this Territory in Congress, with which this house concurs. On motion of Mr. Tipton, ordered, that Messrs. Kelly, Wear, & Doher- ty, be added to the committee of propositions and grievances. Received from the Council a bill to establish the jurisdiction of a single justice of the .peace, &c. endorsed, read, the first time and passed. Ordered, that this bill be read, which being read, was amended, passed a second time and returned. The house adjourned till 9 o'clock to-morrow. 15 THURSDAY, SEPTEMBER 4, 1794. The hause met according to adjonrnment. Mr. Tipton frorh tKe committee of propoBitjons and grievafices delivered tlie following report ; -, Your committee to Whom wasrefered the petition of William Evans, re- port, that this petition, praying for compensation for a negro^ put to death under the jurisdiction of the state of Franklin, cannot be complied with. On the petition of the inhabitants south of French Broad, your commit- tee report, that the said inhabitants ought to have all the assistance' in the power of this house to give towards securing them in their improvements. That as the disposal of the soil restsiiW Congress, it wiU be proper for this assembly to draw up a memorial to that body, stating the facts as may in- duce them the secure the said inhabitants in a right of pre-emption, a nd pray that an act pf Congress may be passed, for. that purpose. The house taking this report into consideration, concur therewith, and ordered that the following message be dent to the Council : ' . . Mr. President and, Gentlemen bf the Council, * « We herewith^end you the report of the committer of propositions and grievances, with which this house concurs, and propose that a joint com- mittee be appointed to draw up a memorial to Congress, a^eeable to said report, and on our part appoint Messrs. White, Cocke, Doherty, Kelly, and Wear, for that purpose, to act with such gentlemen as you may appoint. Received from the Council the following messages :. Mr. Speaker and Gentlemen of the House of Representatives, The Council concur with your proposition in appointing a committee to draw up a memorial tp Congress, pn the petitien pf the 'people south of French Brpad, and have appointed Mr. Sevier ^nd Mr. Taylor, on their ..^ part, for that purpose. ^ J*' Mr. Speaker and Gentlemefi of ihe House of Representatives, in The Council proppse, that pne member be appointed from the Council, and one from the House of Representatives, to examine engrossed bills, and. present the same to his Excellency the Govemoc for his assent, and have appointed Mr. Winchester on their part for that;purpose' Ordered, That the following messages be sent to the Cpuhci'l, Mr. President and Gentlemen of the Council : The House of :^,epresentative8 agree to your prppositiPn, in appointing a member frpm each hcuse, tP examine engrpsssd bills, and present the same to his Excellency Cipverndr Blount for his assent, and pn pur part apppint Mr. White, tp act with Mr. Winchester. Mr. President and Gentlemen of the Council, We propose that a joint committee be appointed to make an estimate pf the'expence of the. Territory for the present year, and on our part appoint Messrs. Hardin and Cocke for that purppse, to act with such pei'son's as you may appoint. , 16 Mr. President and Gentlemen of the Council, Thia house have added Messrs. Kelly, Wear, and Doherty, to the com- mittee of propositions ftnd grievances. Received from the Council, a bill directing the mode of authenticating powers of attorney, &c. &c. endorsed, read a second time, amended and Ordered, that this bill be rfiad, which being read, on motion of Mr. Cocke was withdrawn for amendment. On motion of Mr. Cocke, ordered, that from Thursd£iy next he have leave of absence for the remainder of this session. The House adjourned until 7 o'clock to-morrow. FRIDAY,' SEPTEMBER 5, 1*794. The house met according to adjournment. R.eceivdd from the Council a bill for extending the line between the county of Sullivan and Hawkins, endorsed, read the first titae &nd }>assed. Ordered, that this bill be read,' which being^ read ; on motion of Mr. Cocke it was withdrawn for amendment. Mr. Ford moved for leave, and presented a bill for ascertaining what property 'in this Territory shall be deemed taxable property, the method of assessing the same, and collecting' public taxes. Ordered, That this bill be read ; which being read, was passed the, first .time and sent to the Council. Also, a bill for authenticating d^eds, billB of sale, and powers of attorney. Ordered to be read. On being read, passed the first time and sent to the Council. ' Received from the Council the following- message : Mr. Speaker and. Gentlemen of the House of Representatives, ' The Council concur with the report of the committee to whom was re- fered;the petition ,of the people called Quakers, viz. That it ought to be refeied to the committee of prbpositions and grievances. Mr. Cocke moved for leave, and presented a bill for the establishment of college in the vicinity of KnoxviUe, Ordered, that the bill be read, which bein^ read, was passed the first time and s^nt to the Council. %Ir. White presented the petitioni,of Christopher Haynes, praying that such artificers, as he may employ from another state, and may be engaged in carrying on the iron works, should be exempted from militia duty, which being read, was refer6d to the committee of propositions and griev* ances. Also, the petition of Nathaniel Evans, praying that a compensation be allowed the men with Lieut. M'Clgllan, in the engagement with the Indi- ans of the 13th of August, for the loss they then sustained, read and re- fered as above. Mr. Wear moved for leave, and presented a petition of sundry of the inh9.bitants o{ J^erson county, praying a division of the said county, which was read and refered as above. ^ Ordered, That the following messages be sent to the Council, h- . ■ 17 Mr. President and Gentlemen i^ th^ Council, -, We herewith send you the petition, of Christophei' Haynes, which was Tefered to the committee of propositions and grievances. Mr. President and Oentiemen of the Caimeil, We herewith send yon the petition of Nathaniel Evans which has been read in this house, aiid refered to the committee of j>ropogitions and griev- ances. Mr. President and Gentlemen of theGtmifeil, We herewith send you the petition, of sundry of the inhabitants of Jef- ferson county, which has been read in this house, and refered to the com- mittee of proppsitions ^nd grieva,nces. , Received from the Council the following message : Mr. Speaker and Gentlemen cf the House ef R^esentativeSf , The Council have entered into the following resolution, with which they rec^uest your concurrence, to wit ; Resolved, That the Governor 'be authorized and requested to cause a new census of the people to be inade, on the last S»turday in the month of July, 1795, in t^e same manner as the census was made by his order in the year 1791, to the end that repre- sentation may be apportioned to population in the respective election 'dis- tricts orconnties. , • ' * Ordered, That the following messagei be sent to the Council : „ Mr. President and Gentlemen of the Council, The house of Representatives concur, with the resolve entered into by the Cottncll, in authorizing^ and requesting the Governor to cause a new census of the people to be made, &c. and propose the following proviso ; and that a statement thereof be laid before the succeeding assembly, to judge of suifh apportionment. . - , ^ Received from the Council the following message, Mr. Speaker and Gentlemen of the House of Representatives, ' The Council do not concur in adding the proviso to their resolution, as by you proposed, but propose that the following words be added to. the'' re- solution, after 1791 ; and.lay the same before the next general assembly. Ordered, that tl^e following message be sent to the Council, . Mr. President and Gentlemen of the.Gowneil, We concur with your amendment to tiib resolution of your house as by you' proposed, for taking the census of thepeople of this' Territory. Received from tlie Council the following, messages, Mr. Speaker and Gentlemen of the House of RepresentaUves, We herewith send you a letter from Daniel Smith, esq. secretary of the Territory, covering an account of monies received and expended as trea- surer, in pursuance of an act passed by the Governor and Judges, the 13th day of March, 1793 ; and propose, that a joint committee be..app6inted to take the saine into consideration. The Council on their part appoint JVJr. Sevier. lir. Speaker and Gentlerfien of the House of Representatives : ■ As doubts have arisen whether the laws o\ North Carolina are now in force in this Tewitory, the Couflieil propose meeting the House of Repre- 18 * sentatives at such time and place as they may appoint, to ta^e into con- sideration the'said subject. Ordered, that the following-messages be sent to the Council: Mr. President and Gentlemen of the Council, We concur with your proposition in appointing a joint committee to take into consideration the subject of the letter of Daniel Smith, esq. and for that pnrpos^ appoint on our pRft Messrs. White, Cocke, Doherty, Hardin, and Wear, to act with Mr. Sevier. Mr. President and Gentlemen of the Council, ' We concur with your proposition in the two houses meeting, and to take into their consideration, whether the laws of North Carolina are now in force and use in this Territory ; and propose that the conference be at four o'clock, at the court-house. Mr. Cocke who had leave io withdraw for amendment, the bill for ex- tending the line 'between the counties of Sullivan and Hawkins, presented the same with the amendments. Ordered,, that this bill be. read, which being read, was passed a second time and sent to the <}ouncil. -:'■ Mr. Cocke, who had Jeave to withdraw for amendment, the biH directing the mode of authenticating powers of attorney, &c. and authorizing exe- cutors to make conveyances, delivered the same with the amendments; which being read the third time in this house, was passed and sent to the Council; The House adjourned until 7 o'clock to-morrow. .L SATURDAY, SEPTEMBER 6, 1794. The house met ^cpording to adjournment. Mt. Tipton from the committee of propositions and grievances, ' Reported, That it is the opinion of your committee of propositions; that 'the petition of divers inhabitants of the county of Washington, praying to be relieved from the penalties of the Ia;(^ that may be inflicted on them, on account of a certain trespass, ought not to be complied with.— f That the prayer of the people of Knox, en the south side of the river, praying a new cpunty, is just and reasonable. — That the petition of a nuqiber of the in- habitants of Jefferson county, praying a division of that county, is-reason- able.— ^That the petition of the people called Quakers, as fat as it is rea- sonable, will be provided for in the miiitia law now before a committee. — That the prayer of certain soldiers, under captain Nathaniel Evans, pray- ing compensation for their horses taken by the Indians, is a subject, that your committee is of opinion, could be more properly.laid before Congress; but that it cannot be Ranted by this assembly, 'notwithstanding the high sense we entei:tainof the braveryl of Ihose soldiers in defending themselves against a great' superiority' of enemies. JOHN TIPTON, Ch. Received from the Council the following bills : A bill to ascertain what property in this Territory shall be deemed tax- able property, &c. endorsed, read the first time and passed. 19 Ordered, th?t.t th\a bill be read, which being rgad.a Second time, was amended and passed. , *' Also, a bill .authenticating deeds, bills of sale, and powers of attorney, endorsed. ' Received from the Coaocil the following bills : - A hill to establish a militia in this Territory, endorsed, read tiie fir&t time and passed. -''.''. Ordered, that this bill te read, which being read, was passed the second time and returned. Adjourned till Monday 9 o'clock, a.m. MONDAY, SEPTEMBER 8, 1794. Met according to adjournment. Resolved, that whenever this house shall render a list of absent members to the door-keepei^ to warn them to attend, that each jnember so mentioned and warned, shall pay one shilling to the doorkeeper for his trouble. Resolved, That James White, esq: be allowed the sum of two hundred and 27 dollars, for his services rendered the public, in carrying forward, and presenting th6 memorial of the Representatives of the People of this Territory to Congress. Ordered, that the following message be sent to the Council : Mr. President arid Gejitlemen of the Council, j; We herewith send you a resolve entered into by this'house, in favor of James White, esq. •' ,' 't' R.eGieived from the Council the fdllowing message : Mr. Speaker and Gentlemen of the House 'df Representatives, The CouncijC propose, that the bill to authorise exeputors and adminis- trators tq make conveyances, be amended in the following dlinner, viz. That the" word FIVE, in the ^tti line of t-ha 3d section, be altered to THREE,, as it formerly stood in (he bill, and that the following be added to the bill, viz. Sect. 7th. And be it further enacted,*Tha.t in all cases where judgment and execution are obtained against the estate of any persoi; Or persons whatever,, where the real estate of theclebtor may be charged, it siiall and may be lawful for the sheriff to levy execution oh any entry or entries,, location or locations, held by the debtor or debtors^ and sell the sai^e in the same manner as lands held by deed or grant. Ajid on all such sales made, pursuant to this act, the mode of conveyance shall be by an assign- ment of the warrant or warrants, and by transfering of the entries and lo- cations by the sheriff of the county where such lands are situated. That the caption of the bill be as follows : " A bill to authorise execu- tors, administrators and sheriffs to make conveyances, ^ ^ If the House of Representatives agree to these amendments, they will send two of their members to see them made. Concurred with — and Messrs. White and Cocke- appointed to seethe alterations made. , ^ ■ Received from the Council, a bill to ertablish courts of laW, and for re- gulatiflg the proceedings therein, endorsed-, read the first time and passed.. 20 '. •-* Ovderisd, that this bjU be read, which being read, was parsed the first ;time and sent to the Coilncfl. Also, a bill to^estabUsh Blount College in the vicinity of Knoxville^en- dorsed, read the first time and passed. .Qriered, That this, bill be read, which b^ngread was pas^ed'^the second time and sent to the Council. "^1 The Speaker pres&nted a declaratory bill respecting the laws of North Carolina, as to their being, io force and use in this Territorj^ Ordered that this bill be read, which being read, was passed the first time and sent to the Council. Received frdm tlie Council, a bill to alter the time of holding courts of law and equity, endorsed, read the second time and passed. '*i ,Ore2erei, that this bill be read, which V^ing read- the third time was passed and returned. Adjourned till to-morrow, 7 o'clock, a.m. TUESDAY, SEPTEMBliR'9, 1794. Met according, to adjournment. . . Mr< Tiptoir moved for leave and presented a bill of paidon ^o<) oblivion. Ordered, that this bill be read, which being t^ad the first time, was passed and sent to the Council, , A message from the Council : Mr. Speaker and flentlemen of the House of Represkitalives, The Council concur with the resolution of your bouse, allowing James White, esq. a compen^tion for hjs services in catrying forward and pre- senting the memorial of the Representatives of this Territory to Congress. Mr. White moved for leave, and presented a bill to authorise the draw- ing a lottery in the district of Mero, for the purpose of raising a fund for erecting a district gaol and stocks in the town of Nashville. Also a bill providing for the payment of such debts as are due to persons fbr their servicie^ performed in cutting thg road, and guarding families from Holston to Cumberland. Ordered, that these bills be read ; which being ri^ad, were passed the first titne and sent to the Coxincil. Resolved, That William Cocke, esquire, having acted as attorney for the district of Washington, be permitted to receive the sum of two bun- dled and Shf dollars, out of the fines to be' collected, and which have been imposed during the time he acted as attorney' for the district aforesaid ; an^tobe accountable to the f(jture legislature of this Tetfitoiy;- when Congress makes prbvisibii to pay him for his services as attorney (^ said district. Ordered, That the following message be sent to the Council : Mr, President and Genltemen of the Council, We herewith send you a resolution entered into by this house in &vonr of William Cocke, esquire. ^ Mr. Beaird moved for leave and presented tt petition of sundry inhabi- tants of Hawkius, JeSersoD and Knox countfeis. Read aind refered to the committee of propositions and grievances. 21 % Recejived from the Council a bill to ascertain the B^v^ral officers fees therein mentioned, endorsed, ' read the first time and passed;' Ordered, that this bill be read, which beingf_ read, was passed the first time and returned. . ' Also, a bill for the establishment of Blount college, endorsed ' read the second time, and passed.' Ordered to be read, which Being reid, was passed^ the third time and returned. Received frpm the Council tile! following message: . ■ Mr. Speaker and GeMlemen of the House qf RgpreseatatiB^,.' The Canneil have entered into tbe^resolution herewith aentj in amend- ment to that entered into ^esteiday in favor of James White, eeqtiire, witb whicffthey request your concurrence. Resohed, That Daniel Smjth, esquire, be directed to pay Jkme» White, esq. the' sum of tiiro hundred and twenty seven dollars, as allowed him by the resolve of yesterday, deducting one hundred and sixteei) dolkrs ad* vanced, which shall be allowed the said Daniel Smith iathe settlement of- his accounts. ^ Concurred with. Mr. Tipton moved for leave and presented a bill for dividing Washing- ton county into -two distinct countie8-<-Urdered to 'be r^di which being read, was passed the- first time and sent to tbe^Conncil.: Sent to the Council the folliowing messages : > Mr, President and Gentlemen of the CounciT: •■ , We herewith send you the petition of sundry inhabitants of the counties of Knox, Jefiersoii, and Hawkins,- which has been refered to the committeiB of propositions and grievances. '^^ Mr. President and, Oermemen, This house concurs with your amendment to the resolution in fi^olir of James White, esq. Adjourned- till te-morrow 7 o'clock. WEDNESDAY, gEPTHHBER 10, 1794. Met according to adjournment. Received from the Council a bill to establtsh courts of law,, and for re- gulating the proceedings therein, endorsed,, 'lead a second time and passed.' — Ordered to be read, whictv being read, was amended, passed a second time and returned. , ' Received fro;n his Excellency the Governor the following message : ; Knoxville, September 1, 1794. Mr. President and Gentlemen of the Legislative Copncil, and Mr^ Speaker ifnd Gentlemen of the House of Representatives ; Herewith by the hands of Mr.,]Hugh- White, my private secretary, you will receive the act, intituled, " An aiet to establish .the' jiixisdictiop of a single justice of the peace, and to ascertain certain fees . .therein men- tioned." — An an act, intituled, " An act for the relief of such persons as have sufiered, or may suffer, by their grants, deeds and mesne conveyances, not being proved and registered within the time heretofore appointed by 22 law."— to which I have given my assent. My private secietary being now officially made known to you, ! shall in future cause the acts to which I shall give my assent, to be delivered by him to you, without any vvtitten message, and having obtained your signatures, to deliver the same to the Secretary of the Territory. WM:. BLOUNT. Received from the, GpuBcil. the following piessage : Mr. Speaker and Gentlemen tf the House t>f Rtpresenlatives,_ The Council do not concur with the resolution by you entered, into in .favor of Williarn Docke; esq. But have entered into the resolution here- with sent, with which they request your concurrence. Whereas William Cocke, esq.' having served and acted as state attor- ney for the district of Washington, for which there is not as yet any pro- vision made by law ; Resolved by the Governor, Legislative Council^ and House of Repre- sentatives, That William Cocke, esquire, be allowed and permitted to take and receive the sum of two hundred and fiftyj-doUars out of the fines to "be collected, or which haire heen collected, and which have been imposed during the time he acted as attorney for the district aforesaid ; which sum is to be refunded to any future legislature, in case- the Gongiess of the United States shall mak^ provision to pay him for services as attorney for said district. ^ - Sent to the Council the following message : .. Mr. Presuknt and Gentlemen of (he Council : This Hou§0 agrees to your amendment to the resolution in favor of William Cocke, esq. On motion, Mr. Cocke had leave of absence from this hoi}se during the present session. \ - Mr. Eelly moved fo>' leave and presented a bill for dividing Enox county into two distinct counties, which was read the first time, passed, and sent to the Conncil. ',-. Mr. M'Min moved for leave and presented a bill to empower the Justices of Hawkins county to lay a tax for the [turpose of erecting a. court house, prison and stocks in said county, which was read the first time, passed, and sent to the Council. Adjourned until to-morrow, 7 o'clock, a. m.. THURSDAY, SEPTEMBER 11, 1794. Met accojding to adjoiirnment. Received from the Council, a bill establishing the militia of' this Terri- toi^, endorsed, 'Read. the Second time, amended and passed.' Ordered, that this bill be read ; which being read', was amended, passed the second timeahd returned. Received from the Council the following bills: A 'bill (0 div.ide the county of Jefierson into two distinct counties, en- dorsed, Tead the first time an^ passed* *• 23 Ordered, that this bill be read, which being read a second time, was passed and returned. ,, .< Also, a bill to empower the justices of Hawkins county to lay a tax for the purpose of erecting a court house, prison and slocks, endorsed as above ; read a second time, passed and returned. Also, a bill to authorise the drawing a lottery in the district of Mero for the purpose of raising a fund for erecting a district gaol and stqcks in the town of NashTillesi endorsed as above ; read a second time, pass- ed and sent to the Council. Also, a bill for dividing £nox county into two distinct counties, endors- ed, read the first time 'and passed. Ordered, that this bill be read; which being read^ was passed a second time and sent to the Council. ' Also, a bill directing the clerks of the several courts of record in this Territory, as to their duty in office, &c. endorsed, read the first time, pass- ed, and returned. . Received from'the Council the following bills : A bill to Regulate and ascertain the several officers fees therein men- tioned, endorsed, read the second time and passed. Oriferei, that this bill .be read, which being tead, was passed the se- cond'time,. amended and returned. A bill to ascertain what property in this Territory shall be deemed tax- able property, &c. endorsed, read the second time and passed. Ordered, that this bill he read, which being read a third time, was amended, passed and returned: ' ' Adjourned till to-morrow, 7 o'clock, a.m. ' FRIDAY, SEPTEMBER 12k1794. Met according to adjournment. Received from the Council the following bills : A bill for dividing Washington coupty into two distinct codtities, en- dorsed, read the first time and passed. ,; Ordered, that this bill be read, which being read the sepond time, was amended^ passed and returned. A bill providing for the payment of such debts as are due to persons for their services performed in cutting the road, and guarding families from Holston -to Cumberland. Ordered, That this bill be read, which being read, was laid over till the next General Assembly. Mr. White from the committee appointed to draw up a memorial to Congress, in favor of the people south of French Broad, presented the following Memorial. To the Honoraile the Senate and House of Representatives of the United States of America in Congress : "'■''' The memorial and petition of the inhabitants living south of French Broad river, SHEWETH-, ' ^^ That your memorialists, have settled on vacant lands, lying on the south 84 Bide of French Broad river,j and which was granted tp^ the people oft his country, by the Indians at different Treaties : First, At the Treaty of Damplin Cre^,,h8td wfth John Sevier, esq,, at which time the INDIANS received a,conipQnsation, in cloatfaing, and other articles for said land : And in^ the. year following the.same Indians, did, in a fr^sh treaty, held with, t^ein;atCoyatee,.con€rm'tbe grant aforemention- ed., That.in consequence. of these treatieSj made under a then existing authority, your petitioners were indHGed, to settle on the land so granted, which they cultivated with gfeiCt labour and expence, and established within the bounds- thereof,, large apd. improved possessions. This; memo- rial further sheweth, that the country aforesaid ha& been ceded to the United States,, partly at the treatyof Seneca, and finally at the succeedin treaty of Holston. Your memorialists therefore petitipn Congress tq make them, secure in their labour and improvements, whenever Congress tnay thinii it expedient to open a land officej by granting them a right of pre- emption to their hard earned improvements and possessione't And whereas numbers of these petitioners have been induced tp believe, that Congress would iv^nfirm such warrants or grants as had issued from the state of North Carolin^a, and therefore have purchased the same, and laid them on their lands ; they pray that Congress may permit them to hold their lands by such warrants, but that the justice and goodness of your honorat;le body wili provide, that »o stranger may, by such warraotSi take from the holder and improver of the land,. his possessionei the right of which ought to be derived through Congress. With which this house concurred, and ordered Utat the fbllowang^mes- sage be sent to the Council : < Mr. Presidenl and Gentkmen of Ihe Council, ,/ - Herewith we send you the report of the committee appointed to draw up an address to Congress, in favor of the inhabitaiits south of French Broad, with which this house concurs. Ordered, that the following message be sent to tiie Council ; Mr. President and Gentlemen 'of the Couvcil, We propose that 'a joint committee be appointed to draw ap an address to his Excellency, Governor Bloudt, relative to the conttnuance of Indian hostilities. This house appoint Messrs. White and Wear. Received from- the Council, a bill for appointing commi^sionersin the district of Washington, for the purpose of erecting a court-house, prison and stocks,. Sua. endors^^ read the first time and passed. . Ordered, that this bill be read, which being read the first time was pass- ed and' returned. Received from .the Couoeil the following messages. Mr. Speaker and. OentlemerLof the Hou^e of Representatives, The Council concur with your preposition in ap^intinj^ a committee to draw up an address to his Excellency Governor Blount^ t^ativo'to the con- tinuance of Indian hostilities ; ^nd have appointed Mr. Sevier. The Council .also concur with the report of the committee ^^ppointed to draw up an address to Congress. 25 Mr. Speaks and Gentlemen ef the House of Representalives, We herewith send you a resolve entered into this day, directing certain acts of the Governor and Judges of this Territory, and the ordinance of Congress of July 1787, to be printed with the acts of the present session, with which we request yonl" concurrence. '' Resolved, that the act of Congress intituled, * An act to accept a ces- sion of Ithe claims of North Carolina to a certain district ot Western Ter- ritory. '—The Ordinance of Congress of the 13th of July, 1787, intituled, ' An ordinance for the Crovernment of the Territwy of the United States North West of the river Ohio — The ordinances of the Sovernor, and the • acts of the Governor and Judges, be published with the acts of the pres- ent session. With which'this house doth not concur. Received from the Council a bill to authorise the drawing a lottery in the district of Mero for raising a fiihd for erecting a district gaol, and stocks in Nashville, endorsed, read the second time asnd passed. Ordered, that this bill "he lead, which being read the third finve, was amended, passed and returned. ' V Also, a bill directing the Clerks 6f the several courts of record as to their duty in office, &c. endorsedj read the second titne and passed. Ordered, that this bill be read ; which being read, was passed the se- coBd time and returned. Adjourned Until tg-morrow 9 o'clock, A^ is. ' SATURDAY, SEPTEMBER 13, 1794. Met according to adjournment; ' --i • Received from the Council, a bill for dividing Waeihington county, &c, endorsed, read the second time, amended and passed. ' Ordered, that this bill be' read, which being'read the third time, was amended, passed and sent t6 the Couil6il< The Speaker moved for'leave, and presented a bill for raising a fund by lottery fbr cutting and clearing a. v^aggon road, from Holston to the settle- ments of Cumberland river, Mero district; read" the first time, passed and sent to the Council. On. motion of Mr. Hardin, and seccinded by Mr. Taylor, Ordered that the clerk be directed to make, put an estimate of the ivages of the mem- bers, clerk and door keeper of the last assembly agreeable to the following rates, viz. • •« " ' dols. cents. For each member per day, - - - 2 50 ' For every 25 miles ridipg, - - - - 2 60 For the clerk per day, • '" - - - - 3 For the door keeper per day, - - - - 1 , 60 Mr. White presented l^e resignation of Hopkins Lacy, esq. clerk of this house, which was accepted. ^ ' , Adjouvned till Monday 9 o'clock, a. m. 26 MONDAY, SEPTEMBER 1'6, 1794. On motion of Mr. Hardin and seconded, Baldwin Harle was appointed clerk. Received from the Council a bill directing the.61erka of courts their du- ty,'&c. endorsed, read the third time, amended and passed — which was read and rejected. ' , Mr. Hardin moved-, that the ^eas and nays be taken ; th^ areas fol- lows: ' " J... , YEAS.— Messrs. Hardin and Tipton. NAYS.— Messrs. M'JMin, Beaird, White, Wear, Rutledge, and.Pord. Received from the Council a bill to authorise the raising a fund for dis- ^ charging the cost of cutting and clearing a waggon road from Holston to Cumberland, &c. endorsed, read the first time and passed — which being read was passed a second time and returned- . AhS a bill for appointing commissioners , in the district of Washington, endorsed, read a second time amended and passed. On (notion of Mr. Taylor he fiad leave to withdraw the same for amendment. >, Also, a bill to authorise the justices, of Hawkins to lay a tax, &c. en- dorsed, ' read the second time and passed. ' — Which being read was pass- ed the third titpe and returned. And a bill for the collecting, payment of, and accoujiting for the public taxes, endorsed, ' read the first time and passed ' — which wasJead the first time, passed and returned. Adjourned until fo-morrow,'9 o'clock, a. m. TUESDAY, SEPTEMBER 16, 1794. Met according to adjournment. Received from the Council a bill toautborise a fund for discharging the cost of cutting a waggon road from Hol^on to the Cumberland settle- ments, endorsed, * read a second time and passed. ' And a bill to divide' the county of Jefierson into two distinct counties, endorsed', ' read a second time and passed. ' ' Ordered^ that these bills be , read ; Which being read, the former was am^dgd and passed the third, and the latter the second time in this house and returned. , Mr. Taylor, who had leave to withdraw for amendment the bill for ap- pointing commissioners in the district of Washington, ^r the purpose of erecting a court house, prison, &c. &c'. presented- the same with the amendments, which was read the second timei passed and sent tq the Council. > ,^. Received IV'om the Council the following message : j;, Mr. S0aker and OerUlemen, '^ '.: The Council, uppn reading for the third and last time, the bill ascertain- ing what- property in this Territory shall be deem^ taxable 'property, &c. have amenddd the san^ in the following manner, which if agreed to on your part, yon will please send tWo of your members to see the alterations l^nade. 27 Spct, 1. We i)a»e reinstated the clause for taxiibg all free, males and male servants betwfeen the age of twenty-one and fifty years. , In the same section we have reinstated the word ' ten ' in the clause taxing slaves ; and have struck out the clause taxing stud horses. Sect. 2. Instead of twenty'' five ctnts per hundred acres, for land, we have set on^ eighth of a dollar^ In the same sectipn, on ekch and every negro poll, fifty cents, instead of tvrehty five cents ; and on all taxable wmle polls, twrtjty five cents. Gri all town Jots one dollar instead of fifty cents. 'JP^fi ' Which being read, this house does not concur therewith. Adjourned until to-morrow 9 ci'clock, a. m. WEDNESDAY, SEPTEMBER 17, 1794. Met according to adjournment. ? ^ Ordered, that thfe;follpwing message be sent to' the Cbuiicil : Mr. President and Genttemen, of the Council, The House of Representatives agree with'' the Council to amend the clause in the first section, by reinstating the wofd ''2en ' in the clause tax- ing, slaves ; and in the seCopd seoligni on ea^h and every taxable negro poU, fifty cents, in lieu' of twenty five cents ; and on all town lots, one dol- lar instead of fifty' cents But do not concur with the amendment, sec- tion first," in the clause taxing' stud horses; and which reinstates the ' clause for taxing all free males "and malf» servahtl', between the -aige of twenty one and fifty years; and in section second, for setting one eighth of a dollar instead of twenty five cents per hundred acres for land ; and on all taxable white polls twenty five cents.' ^his house cannot agree to pass the bill, except finch clauses as they 9bje
time, passed and sent to the Council. '' '■i'^l^ On motion, William L, Lovely was appointed tisslstant ;clerk. i Besoiwi, that James White, esij-. representative of this Territdry" in Congres^s,, be directed to lay before that house, ther Memorial of the'Legis- lattve 'Council and House of Representatives, together with the list of murdersj &c, to the end that our Atlantic fellow-citizehd may be informed .^ of the Bufierfngs of the people of this Territory ; and that he have the same published in one or more pf the Philadelphia papers. , ;!^^ , Mr. Beaird presented a bill for establishi/^g the county of • Mr. White presented a biH^stablishing a Treasury Department ; which were both read the'JSrst time),passed andjent to the Council. Adjourned till to-morrow 9 o'clock, a1 U. THURSDAY,' SEPTEMBER JtS, 1794. Met pursuant to adjojirmnent. Received from the Council a bill establishing th$ county of Blount. 28 , Also, a till appointing commissioners to run the dividing line between the counties of Hawkins and SuUiv^tn, and between Havrttins and Knox, each' endorsed read the first time and passed. Ordered, that these bills be reid ; wfeich Jbeing read, were passed the second timeand returned. The Hoiise adjourned till, to-morrow 7 o'clock, a. m". FRIDAY, SEPTEMBER 19, 1794. Met according to adjournment. Received from the Council, a 'bill to divide Jefferson county into two distinct counties, endorsed, read the third ,tinje,»amended ^nd passed. Ordered, that this' bill be read, which being read tjie third time was passed, and ordered to be engressed. '.;■' Ordered, that the {pllbwing memorial be laid before Congress. ^ - ' Territory of (he VyiUed States south of the river Ohio. The 'memprial of the Legislative flouncil and Housg df Represeviativesj to the Corigress^ of thef United States of Ante fiaa. It appearing from, th^e'proceedings.of your Jate sessign, upon, the.meiho- rial of the Representatives of the people of -this Teiritory,'that both the Senate and Bouse of l!,epreeentatives,s^grefidiji the propriety ari9 necessi- ty of extending effdcjup-l protection' to tjje exposed 6»ntiers of Uys coun- try, though they differed in t^e mjode ; we ^Ve induced to jjippe the subject will..^gain be takojn up at an early day of .thea.pproachiug sessjon, and that, unanimity, as to the mode will take place. We have now to Infbrp.you that sinqe the date Q;f , that memoTia.1, Feb- ruary 26th, the Creekthe United States, as an eviliepce.of friendship towards them, they have considered it.as an evi- dence of fear, oi; as a .tribute paid to .thpir.auperior prowess 'm war ; and thus viewing it j jt has served only to encoui-age them to kill additional numbers of your expo^d fellow-citizens. Fear, not love» is the only •means by which Indians can be governed ; and until tbey in turn are niade to feel the horrors of w,ar,, they will not taiow,the value of peace, nor ob- serve the treaties they may form with the United States. ■ ' in discharge of the duty we owe our, constituent? and ourselves, we have made to you this memorial, confiding that you, in discharge^bf that whlchiyoil owe to yours and yourselves, will take measures to piinish 29 thoa^ two faithless and blood thirsty nations, the Creeks and Cherokees, according to the usage and custom Of nations ; and to secure the persons and property of the citizens of the United States, resident ifl this Terri- tory. GRipiTH RUTHERFORD, P. L. C. DAVID WILSON, S. H. R. A list of (he names of persons killed, wounded and captured since the iSth day of February, 1794. March 9th. Samuel Martin, killed on a path leading from Henry's station to his father's house ; and James Ferguson, on a path leading from John Craig's station. 1.2th. Four men killed on the Kentucky road, and one wounded. — Pour men killed in Tennessee county, the particular days and names not known. 16th. John Wood wouni^d with four balls, about sun rise, on a path leading to the house of William Russell — a leg was cut off. 20th. Charles Bratteli, killed and scalped near t^e house of Maj. White in Sumner county, 21st. Near the hoiise of Secretary Smith, Anthony BledsOe the son of the late Col, Anthony Bledsoe, and Anthony Bledsoe, the son of the late Col. Isaac Bledsoe, were both killed by Indians and scalped — Their fathBrs were both killed by Indians, one in his own house, the other in his field — The same party of Indians captured a valuable negro fellow beloiiging to Secretary Smith. In March, the day nOt presisel/ known. Double Head, a chief of the Cherokees,. killed the family of one Wilson, consisting of women and children, believed to be eight in number, on the Rolling Fork of Salt river in Kentucky, except one boy, who is now in Double Head'a^ossession, who declares he will not give him up. Many other people have been killed on the southern frontiers of Ken- tucky, of whom no account has been obtained. April 1. Thomas Sharp Spencer, was killed on the road leading from Knoxville to Nashville, near the Crab Orchard, by Double Head, and James Walker wounded. 2d. William Green, a federal soldier, killed at Fort Grainger, the block house at the mouth pf Holston, so called. , < James R. Robertson, son of Gen. Robertsofi, and John Grimes, his nephew, killed on the Cumberland river, the day not known. 8th. The mother of Peter and Henry Livingston and two children killed , near Mocason Gap, and a negro taken. ' , • , 19th. Travellers from Kentucky inform, that three persons were killed by Indians on the Kentucky road, near Middleton's station. 2Ist. Casteel, his wife, and four children were killed in his own house, at the dawn ot day, within seven miles of Knoxville : At the same time a neighboring' child, who happened to be at his house was dfingerouslj^ wounded., " ,,,,j ^ James M'Cown, killed at the house of the widow Hays, ten miles from Nashville — Mrs. Hays's husband had been killed a few months before; May 26th. One of the spies on duty was wounded on Bledsoe's creek; and on the same day, on Station Camp, creek, in the midst of a thick set- tlement, a party of Indians fired on Mr. Strawder and his son, at work, within one hundred yards of his own house, and killed and scalped the 5 30 ktter; the former fled to his house, the Indians pursued and wounded his wife as ohe opened the door to let him in. June lljh. The wife of Mr. Gear was scalped by Indians within four miles of Nashville, on hei' way to church Hugh Webb and Joseph M'Adams, of Sumner county, were fired upon near the Dripping Spring, on the public road, on their way from the salt, works with salt for their families ; the former was killed and the latter badly wounded with three balls. — Robert iVl'Rory was killed in pursuit of the Indians who scalped Mrs. Gear. — Stephen Jones, was killed on the southern frontier of Jeffer- son county. — William Scott, John and James Pettigrew, Messrs. Tate and Young, and another man, three women and three children, were killed on the Tennessee, on board a boat'bound for the Natchez, and 22 negroes taken prisoners. July 3d. Isaac Mayfield was killed withill four miles of Nashville. July 24th. John Ish was killed and scalped in his field, 13 miles below Knoxville, on the south bank of Holston. July 9th. Major Winchester was killed and scalped on the public road leading from his own house to Sumner court-house ; he was a justice of the peace and on his way to court. August 13th. They killed on the Cumberland road near^the Crab Or- chard, Paul Cunningham, Daniel Hitchcock, V^illiam Flannagan and Stephen Renfrq, and wounded Abraham Bird. 14th. William Blackburn, one of the federal soldiers, and David F. Dearmond, of the militia on duty, were fired upon by about 15 Indians, the former was killed and the latter wounded slightly, near fort Grainger, 22 miles from Knoxville. ' 20th. A party of Indians attacked thu Bull-Run block-house, 16 miles from Knoxville and were repulsed. ' Allen Nolen, a lad of about 12 years of age, was killed 4 miles from Nashville, on the plantation on which his father had been killed 6 years before. 24th. Robert Brigance was killed on a public road near Sumner court- house. Gabriel Simsoii was killed within 6 miles of Nashville, in the early part of July, on the plantation on which his father was killed. September 6tb. A negro woman taken prisoner, the property of Peter Turney, near Bledsoe's lick. RECAPITULATION. Killed, . -' . , 67 " Wounded, - 10 Captives, .... . . ... 25 Horses stolen 374, at 50 dollars each, 18700 dollars. On motion^Ordered, that Mr. Hardin have leave to withdraw for amend- ment, the bill to establish a militia in this Territory. Received from the Council a bill establishing a treasury department, endorsed, read the first time and passed ; which being ree^d the second time , was amended, passed and returned. Also a declai'atory bill respecting the laws of North Carolina, endorsed, read the first time and passed— which being read, was passed the second time and returned. 31 AJso, a biljlappointing pomtnissionera to run the dividing line between the counties of Hawkins and Sullivan, and between Hawkins and Knox, each endorsed read the second time and passed. ' Ordered, that this bill be read» whioji being read a third time, was amended, passed and returned. The house adjournedHill to-morrow 7 o'clock a.m. SATURDAY, SEPTEMBER 20, 1794. Mr. Hardin, who had leave to withdraw for amendment, the bill for es- tablishing a militia in this Territory, presented the same. Ordered, Thai this bill be read, which being read, was laid over till the next General Assembly. , . Mr'. Hardin moved for leave and presented a bill to amend an act to es- tablish a militia in the state of North Carolina, &c. which was read the first time, passed, and sent to the Council. On motion, Mr. M'Min had leave to withdraw for amendment, the bill for the collecting, payment of, and accounting for the public ta^es. Received from the Council a bill establishing a Treasury Department, endorsed, ' read the second time and passed '—rwhich being read, was pass- ed the third time and returned. On motion, Mr. Tipton had leave of absence during the seSsioip. On motion, ordered, that/ an estimate be made out by the clerk, of the number of days attendance, and distance rode by each member ; the esti- mate to include the 2Sth day of Spptember, and that the follbwing message be sent to the Council : Mr. President and GentleiMn of the Council, The House of Kepresentatives' have entered into a resoliition, that the estimate of their attendance at this session of the General Assembly be made out the 25th day of September inclusive, with which they request your concurrence. Adjourned till Monday 7 o'clock, a.m. MONDAY, SEPTEMBER 22, 1794. Received from the Council, a bill to repeal' the second section of an act; entituled, an act t6 amend an act passed at Newbern, in December, 1785) entituled an act encreasing the jurisdiction of the county courts of pleas and quarter' sessions^ &c. endorsed, ' read the thiid time, amended and passed.'— 'which being read, was, on motion, rejected, Mr. White presented a bill to enable sheriffs of counties to sell certain property suggested to be held by fraudulent conveyances, which was read ^the first tifoe, passed, and sent to the Council. Resolved, That the wages of members, clerks, and door-keepers of both houses be estimated as follows, as well for the last session as the present : 32 doh. cents. For each member per day, .... 2 For each clerk per day, 3 For each door-keeper per day, - - - - - 1 50 ' For every 25 miles riding, - - - . - 2 Each member, clerk, and door keeper to be allowed for their ferriages. — Sent for concurrence. Adjourned until to-morrow, 9 o'clock, a.m. TUESDAY, SEPTEMBER 23, 1794. Met according to adjournment. Received from the Council a bill for appointing commissionerB in the district of Washington, for the purpose of erecting a court-house, prison, &c. &c. endorsed,. 'read the third time and passed '—which being read, was passed the third time and ordered to be engrossed. ' Received, from the Council the following message : Mr. Speaker and Gentlemen of the House of Representatives, The Council cannot agree to the estimate by you made for the payment of the members of the general assembly, their clerks and door-keepers : But in lieu thereof propose the following : ^ For each member per day, , 2 50 For each clerk, do. 2 50 For each clerk for stationary, 25 For each door-keeper, per day, 1 75 Each member, clerk, and door keeper to be allowed for r ' ferriages. ^ Every 25 miles riding to and from the assembly, ' 2 50 The Council propose that the estimate be made up to Saturday next inclusive. ' Read and concurred with. ' Received also, a bill to regulate and ascertain the several ofBcsrs fees therein mentioned, endorsed, ' read the third time, amended, and passed '— which was read the third time, amended by consent of the Council, and ordered to be engrossed. Ordered that the following message be sent to the Council : Mr. President and Gentlemen of Hie Coimeil : This house concurs with your message with respect to the estimate by you proposed, for the payment of the members of the general assembly, ,tjieir clerks, and doorrkeepers ; and also for the estimate to be made up to Saturday next inclusive.' Received from the Council, a bill for establishing KnoxviUe, on the north bank of the Holston, &.c.-^and a bill, to enable sheriffs to sell'certain property suggested to be held by fraudulent conveyances, endorsed, ' read the first time and passed,' Ordered, that these bills be read, which being read the former was pass- ed, the first, ai)d the latter the second time and returned. Received also the following resolution : 33 Resolved, That it is the sense of this General Assembly, that two or more of the Judges in discharge of their duty, should attend each and every of the Supreme Courts of Law and Equity, if practicable, any iaw authorising one Judge, in the absence of the others, to hold the same not- withstanding. Resolved, That the clerks of the Council and House of Representatives be directed to cause to be delivered to each of the Judges of the Supreme Court of Law and Equity, an authenticated copy of the above, and of this resolution. Concurred with. Received also, a bill to establish courts of law and to regulate the pro- ceedings therein, endorsed, ' read the third time, amended, and passed.' Ordered, thaX this bill be read, which being read, was amended by con- sent of the Council, passed the third time, and ordered to be engi-ossed. Adjbarned till to-morrow, 9 o'clock. WEDNESDAY^ SEPTEMBER 24, 1794. Met according to adjournment. Resolved, That James White, esquire, the representative of this Terri- tory in Congress, be instructed to take an early opportunity of eKhibiting to the President of 'Congress the additional list of one hundred and five of our fellow citizens who have suffered by the Creeks and Cherokees, since our memorial to Conjgress in the spring, in addition to the former Innume- rable and cruel acts of hostility with which this Territory has been insulted by those Indians ; and to assure his Excellency that if the pieople of this Twritory have borne with outrages which stretch human patience to its utmost, it has been through our veneration for the head of the federal government, and through the hopes we entertain, that his influence will finally extend to procure for^ this injured part of the Union, that justice which nothing but retaliating on an unrelenting enemy can afford. Sent to the Council for concurrence. Mr. Hardin moved for leave and presented a bill to repeal so much of the act, entituled, an act requiring persons holding monies arising from fines and forfeitures, taxes on law proceedings, &c. as lays a tak on marriag-e licences — which was read the first time, passed, and sent to the Council. On motion, Mr. M'Min bad leave to withdraw for ameQdment, the bill to amend an act for establishing a militia in the stat« of North Carolina. Received from the Council, a bill appointing commissioners in the coun- ty of Jefferson, for the purpose of ertoting a court bouse, prfson and stocks, &c. endorsed, * read the first time and passed.' Ordered, that this bill be read ; which being read, was passed the first time and returned. Also, a declaratory bill respecting the laws of North Carolina, as to their being in force and use in this Territory, endorted, ' read the second time and passed '—which being read was rejected. Received also a bill for establishing Enoxville on the north bank of the Holston, &c. endorsed, ' read the second time and passed.' 34 Ordered, that this bill bef read, which being read, was passed the second time and returned. Adjourned till to-morrow, 9 o'clock, a.m. THURSDAY, SEPTEMBER 25, 1794. Met pursuant to adjournment. Received from the Council, a bill for appointing commissioners in the county of Jeflerson for the purpose of erecting a court-house, prison, and stocks, &c. endorsed, ' read the second time, amended and passed^' Ordered, that this bill be read, which being read, was passed the second time and returned. ' Received also, a resolution of this house which is to be laid before the President of Congress by James White, esquire, endorsed, ' Concurred with.' Resolved, That the commissioners appointed to dispose of the salt licks in Mero district, by an act of the assembly of North Carolina,, passed in the year 1789, for the use of said, district shall be directed to demand and collect two hundred pounds of the money dile upon the sales of said ,licks from the purchasers thereof, apportioning the said sum to the sums of their respective purchases ; and that the said commissioners shall pay the sums so collected, into the hands of the commissioners of >the lottery for building a district jail in Mero, and that the. money aforesaid be applied to the forwarding said building. Sent to the Council for concurrence. Received from the Council a bill appointing a public printer, &c. en- dorsed, ' read the first time and passed ' — and a bill for establishing Knox- ville on the north bank of the Holston, endorsed, ' read the third time and Ordered, that these bills be read, which being read, the former was passed the first time and returned, and the latter the third time and ordered to be engrossed. , : ' Received also the following resolution ; Resolved, That the persons killed and wounded by Indians, sinc6 the date of their memorial to Congress of the ISth instant, be added to the list of killed and wounded annexed to that memorial. Which being read; was concurred with. Mr. M'Min moyed ior leave and presented a bill for ascertaining the fees of a^tornies at law. in this Territory $ which was read the first time, passed and sent to the Council. . Adjotftued until to-morrow, 9 o'clock, a. u.. FRIDAY, SEPTEMBER 26, 1794. Met according to adjournment. Mr. White moved for leave and presented a bill empowering the several county courts in this Territory to lay a tax annually, for the purpose of erecting a court hou^e, prison and stocks, &c. which was read the first time, passed and sent to thef Council. 35 Received frptn the Council, a bill to'repeal so much of the act requiring persons holding monies arising from fines and forfeitures, taxes on law pro- ceedings, &c. as lays a tax on marriage licenses, endorsed, ' read the se6ond time and passed '^-and a bill for appointing commiBsioners in the county of Jefferson, for the purpose pf erecting a court house, prison and stocks, endorsed, ' read the third time and passed.' ' Ordered, that these bills' be refad, which being read the, former was -passed the second time and returned^ and the latter was, on motion, rejected. Mr. M'Min who had leave to withdraw for amendmenir, the bill for the collecting, payment of, and accounting for the public taxes, presented the same with the amendments ; which being read was passed a second time and sent to the Council. Received from the Council, a bill for ascertaining the fees of attorhies at law in this Territory, endorsed, ' read (he first time and passed ' — and a bill for appointing a public j>rinter, endorsed, ' read the second time and Ordered, that these bill be read ; Which being read, were passed the se- cond time and returned. ,Also,>a bill empowering the several coninty courts to lay a tax a-nnually, for the purpose of erecting or repairing the court house, prison atnd stoijks in each county, &c. endorsed, ' read .the first time and''i Adjot^rned until to-morrow, 9 o'clock, a. u. TUESDAY, JUNE 30, 1795, Met according to. adjournment. Mr. Donelson appeared and took his seat. . ■ - . A message from the House of Representatives, informing that they are met, and ready to proceed't6 business. , * . Sent to the HousS of Representatives the following message : Mr. Speaker and Genllemeii of ike House of Represenii^ives, " The Cpuncil are ready to receive any communications you may make. They have appt)inted"Mr. 'Taylor on the part Of the Council, to join such' membera of your house as yon may appoint as a committee of propositions and grievances; and Mr. Winchester witii such members of your house as you may join, to prepare such bills of a public nature as may be necessa- ry to be passed into laws the present session. Mr. Taylor moved for leave and presented a bill pointing out the meth- od of compelling persons residing in this Territory to give evidence in causes pending in any of the Uniled States, which was read the first time, passed, and sent to the House of Representatives. Received from the House of Representatives, a bill to repeal an act, in- tituled, an act to prevent the wilful afad malicious killing of slaves, passejl at Newbern the 19th day March 1774 : endorsed, ' Read the-first time and passed. ' Which being read, was passed the first time and returned. A message from the House of Representatives, informing, that they have appointed Messrs. Cocke, Tipton, Doherty and T^anders a committee •f propositions and grievances : And Messrs. M'Min, Taylor, Cocke, Har- diman, Landers, and Kelly, are appointed for the committee to prepare Buch bills of a public nature as may be necessary to be passed into laws the present session. Mr. DonelsOn presented the jsetition of James Russel, which was read and refered to the committee of proppsitions and grievances. Message from the Governor : Mr. President arid Gentlemen of the Legislative Council, and Mr. Speaker and Gentlemen of the House of Representatives, The prit;pipal object for which 1 have called you together at an earlier period, than that to ivhich the General Assembly stood prorogued, is to afford an opportunity to enquire whether it is as I have been taught to be- lieve, the wish of the majority of the people, that this Territory should become a state, when, by taking the enumeration there should prove to be sixty thousand free inhi^bitants^ therein, or at such , earlier period as Congress shall pass an act for its admission; and if it is, to take such measures as may be proper to effect the desired change of the form of government as early as piracticable. Upon expei^ience it is found, that the fine and double'tax imposed upon non-resident^, proprietors of taxable property, who failed to return the same to the; justices of the peace, appointed to take the tax list, within the time limited by law, is oppressive and unjust, in as much as the time allowed. for returning lists of the. said taxable property, had, in many in- stances, expired, and the non-resident proprietors made liable to a heavy fine and double-tax, before they bad ififormatibn that the law imposing such tax had passed.^Our national character (yet in its infancy, and ought Uo be carefully nursed) and justice too requires, that relief should, at this session of the General Assembly, be allowed to that description of onr fel- low-citizens. L. Doubts also havft arisen upon the tax law, whether it was or was not the intention of the General Assembly to 'l6Vy a public tax for the year 1794. I have judged that it was not, and liave issued commissions for collectors of that tax only for the year 1795. And should it have come within your knowledge, that there are other parts of the law upon which difference of opinion has arisen, as to the manner of carrying it into eSeit, this wquli] be the most proper time to pass an act explanatory of that law. I presume it cannot but be Itnown to you, that the attempt to raise a fund for the purpose of discharging; the cost of cutting and clearing a waggon road from South West Point tp the settlements on Cumberland river, by Lottery, will. prove abortive: But I am so faljy impressed with the many advantages that will result to the public from such a road, that I cannot forbear to recommend to you, Gientlemen, to extend such Legisla- tive aid to^th at 'Object, as may be in your powet, in, which you may rely oa my hearty concurrence. As toother objects' essential to be taken up this session, none occur to me, but I shall concur with you in s^cb measures as -shall be found t9 promote the general interest ajqd bsippiness of the people. Upon the head of Indian' afj^irs, I have the pleasure, to inform you, that the prospects of peace between the United States, and all the Indian tribes or nationsi are more pleasing than at any other period since the commence- ment of the war between Great Britain and the United States. I would Oot,*hawever, in thus expressing myself be understood, that it is my opin- ion, that no more murders and thefts will be committed by Indians upon the frontier citizens ; on the contrary I believe, that while there is a tribe of Indians remaining on this side of the Mississippi, uncircumscribed by the citizens of the Unitpd States, that a description'of them by the Chiefs, denominated, bad young men, will continue, more or less, frequently to commit murders and thefts upon the frontier inhabitants ; but against that description of Indians, as well as all others, should an alteration of dis- position take place. Congress, at the. last session, by the augmentation of the military establishment, have enabled' the President to give more effec- taa;l protection to th'e frontier citizens than they have hitherto e.'tperienced. Signed, WILLIAM BLOUNT. ^Ordered, that the following message be sent to the House of Represen- tatives : Mr. Speaker Q,nd Gentlemen, We herewith send you a message which we have this day received from his Excellency Governor Blount, which,, as the content6 thereof appears to embrace objects of magnitude, we propose that a conferenee be had between the Council and House of Representatives, atsuch time and place as you may appoint, to take the same into consideration. The President laid before the Council a letter, signed B. Searcy, praying the emancipation of negro Bob ; which was read and refered to the com- mittee of propositions and grievances. ' < A message from the- House' of Representatives, informing that they agree to the proposition of a conference of both bouses, to meet at half past 11 o'clock A. M, at tbe court-hoAse. Sent to the Hbqge of Representatives, a message proposing the post- ponement of the conference of both houses until to-morrow ten o'clock- Adjourned until to-morrow 10 o'clock. WEDNESDAY, JULY 1, 1795. MET according to adjournment. Mr. Taylor moved for leave and presented a petition from sundry inhab- itants of Jefferson county, praying for the alteratiorfof the place for "field- ing courts, &c. which waS read and refered to the committee of proposi- tions and grievances. ' Mr. Winchester moved for leave and presented i. bill appropriating cer- tain monies in the hands of certain comBiissioners, appointed by an act of the General Assembly of North Carolina,' passed inthe year 1789, intitul- ed, ' An act directing the sale«f the Salt Licks and Springs, vpithithe ad- joining lands, within the district of Mere; which was read tiie first time, passed, and sent to the House of Representatives. Received from the House of Representatives, a bill- pointing out the method of compelling persons resj.ding in fhis Territory, to give evidence in causes pending in any of the United States *, endorsed, -read the first time and passed. Ordered, that this bill be read, which being read the second time was passed and returned. Adjourned until to-morrow 10 o'clock, a. m. THURSDAY, JULY 2, 1795. MET according to adjournment. "*; Col. Landon Carter, treasurer for the districts of Washington and Ham- ilton, presented a report of the amount of the sums due from the different collectors and holders of* public monies in the respective counties of the said districts, so far as> returns have been made for the year 1795. Received from the House of Representatives, a bill to divide Knosconn- ty ; And a bill appropriating certain monies in the hands of commissioners, appointed by an act pf the General Assembly of North Carolina, passed in the year 1789, intituled, ' An act directing the sale of the Salt Licks and Springs, withthe adjoining landj within the district of Mere ; each en- (lorsed, read the first-time and passed. %,Ordered, that these bills be read, which being read the former was passed ithe first and the latter the second time and returned. On motion, Messrs. Sevier and Winchester were appointed to take into consideration the most eligible manner of obtaining the sense of the peo- ple as to their becoming an independent state, and the necessary measures to be taken thereon : Also, to draw up and present an answer to the ad- dress and communication of the Groveriior at the opening of the session. Received fran the House of Representatives, a bill to establish the town 'of Dandridge, endorsed, read the first time and passed. Ordered, that this bill be read, which being read, was passed the first time and returned. Adjourned until to-morrow 10 o'clock a. m. FRIDAY, JULY 3,. 1795. 1 Met according to adjournment. Received from tiie House of Representatives, a bill-pointing oat the me- thod o( compelling persons residing in tliis Territory to give evidence, &c. endorsed, read ttie second time and passed.' Ordered, tliat tliis bill be read, whicii being read the third time was passed and returned. Received also a bill to divide the county of Washington, endorsed, read the first time and passed. And a bill appropriating certain monies in thq- hands of certain commissioners, &c, endorsed, read the second time and Ordered, that these bills be read, which being read, the former was I'ead the first, and the latter the third time amended arid returned. Mr. Sevier moved for leave and presented a bill to establish a college at Salem, in Washington county, which was read the first lime, amended and passed. Received from the House of Representatives, a bill providing for the enumeration of the inhabitants of this Territory ; A bill to establish the town of Dandridge, endorsed, read . the second time and passed. And a bill to repeal an act, entitled, an act for the relief of persons disabled by wounds, &c. endorsed, read the first time and passed. Ordered, that these bills be read, which being read, 'the former was passed the first time and returned, and the two latter on niotion^rejected. Received from the House of Represebtatities, a bill for the establishment of Washington College, endorsed, read the first time and passed ; which being read, was passed the second time and returned. Adjourned until to-morrow 10 o'clock, a. m.' ■ '* ' SATURDAY, JULY 4, 1796. Met according to adjournment. Mr. Winchester moved for leave .and presented a bill to amend and ex- plain an act of the General Assembly, passed at Enox^iMe, September 1794, intituled, " An act, to repeal so much of an act, requiring persons holding monies arising from fines and forfeitures imposed for thp punish- ment of public ofienders, taxes on proceedings in law and equity; on the probate of deeds ; on the registering of grants for land ; and the issuing marriage and ordinary licences, as directed by the laws of North Carolina, to acpount for, and pay the same, as lalys a tax on marriage licenses ;" which was read the first time, passed aUd sent to the House of Represen- latives. On motion, Mr. Winchester was appointed to' examine engirbssed bills. Sent to the House of Representatives the following message ; iff^ Mr. Speaker'and GerUkmen of Ike House of Representatives, The Council have appointed on their part Mr. Winchester to act With such gentlemen as you may join as a committee to examine en'grossed'bills, and present the same to his Excellency the Governor for his assent. 8 A message from the House of Representatives, informing that they had appointed Mr. M'Min on their part to examine engrossed bills. Received from the House of Representatives, a bill for establishing Washington College at Salem, &c. endorsed, read the second time, amend- ed and passed. Ordered, that this bill be read, which being read wras amended, passed the third time and returned. Adjourned until Monday 10 o'clock, a, w. MONDAY, JULY 6, 1795. Met according to adjournment. Received from hisEKcellency Governor Blount, a message accompany- ing a petition from the inhabitants of Sevier county, which was read and refered to the committee of propositions and grlvances. ' Received from the House of Representatives, a bill appointing coromis- sioners for regulating the tpwi; of Greenevill^ in Greene county. A bill to authorize sheriffs to collect their arrearages in, the several counties, &c. And a bill to amend an act, intituled, '' An act to regulate 9nd ascertain the several officers f^a therein contained," each endorsed, r^ad the first time and passed. Ordered, that these bills be read, which being read were passed the first time and Returned. Mr. Taylor moved for leave and presented a bill for appointing commis- sioners in the county of Jefferson, for the purpose of erecting a court house, prison and stocks, apd'Iaying off a town in said county ; which was read the first time and passed. ^ Mr. Sevier moved for leave and presented a bill limiting the time of at- tendance of grand jurors at each and every superior court of law, which was read the first time and passed. Received from the House of Representatives, a bill to divide Knox county ; and a bill for dividing Washington, county, each endorsed, read the second time, am,ended and passed- Ordered, th*t these bills be- read, which being read, were passed the se- cond time and returned. Received also, a bill to amend and explain an act of the G^era! Assem- biy, passed atKnoxville in September, 1794, intituled, ' An act to repeal so much of an act, requiring persons holding monies arising from fines and for- feitiires, imposed for the punishment of public offenders, taxes, &c. &.c. as directed by the laws of North Carolina, as lays a tax on marriage licenses;" endorsed i'ead the first time and passed ; which was read the second time passed and returned. Mr. Winchester moved for leave and presented a bill to amend an act parsed at Knoxville, Septembpr the 30th, 1794, intituled, " An act ascer- taining what property in this Territory shall be deemed taxable property, and the method of collecting public taxes," which was read the first time and passed. Adjourned until to-morrow, 9 o'clock, A.M. TUESDAY, JULY 7, 1795. Met aecording tp adjouirncaent. Mr. Sevier, from the committee appointed to draw np and preaent an address to his Excellency Oovei'nor Blount, in answer t0 his .address and communication of Tuesday last, reported the following, which being read was ponpurred with. , . To his Excelknoy William Blount, Esquire, Governor and Commander in Chief in and over the Territory of the United Slates of America, soitth of the river Ohio. SIR, THE members of the Legislative Council, and of the House of Repre- sentatives, beg leave to express to your Excellency their approb^tisn of the object for whiph they were principally called together ; and feeliog convinced that the great body of our constituents, are sensible of the many defects of our present mode of government, and of the great and permanent edva^ntages to be derived from ^ change and speedy representation in Coii- gress, the General Assembly of this Territory, will, during their present session, endeavour to devise such means as may have a tendency to effect that desirable object, and in doing so, we shall feel happy in meeting with your Excellency's concurrence! Your Excellency may rest assured,, that the tax law will be reviewed, and considered with mature deliberation, and whilst we shall labour to re- medy that part of the system which 'has in its operation appeared to you oppressive and unjust, we shall carefully explain such clause or elauses, upon the true construction and meaning of which doubts have arisen. We regret, Sir, that the attempt made at our last Session to raise a fund for the cutting and clearing a waggon road from South-West-Bcint to the settlements on Cumberland river, by lottery, has not proved commensurate to the object in view : Aod while we feel a certainty that the public bene- fit and convenience will be heightened exceedingly from such a road, we shall strive to extend such legislative aid to that object as the present sit- uation and resources of the Territory may admit of. To promote the general interest and happiness of the people, will be oar first and greatest care ; and in this we harbour not a doubt but that we shall Meet with your generous assistance. We rejoice with your Excellency; that the calamities arising from In- dian warfare, have now in a great measure ceased tq exist upon our ex- posed frontiers ; and so long as a remembrance of past su^rings contin- ues, we shall entertain a grateful sense of your Excellency's unwearied and constant struggles to promote a general peace With the Indian tribes ; the good efiects of which we now so sensibly experience. It is to be lamented however, that such is the savage disposition of In- dians, and so great their thirst for, shedding the blood of white men, that even in times of peace, the lives ot our frontier settlers In a greater or less degree insecure ; but when this melancholy truth presents itself to our view, we derive g'eat consolation from the pleasing hope, that the federal government will afford us such defensive protection, which as citizens of America, we have a right ta expect, and the present flourishing situa- 10 tion of American resources, and their brilliant armament authorizes ns to look for. , . , » 'We cannot conclude without expressing our approbation of your Ex- cellency's administration, and a sincere wish that the people of 'this Ter- ritory may long experience your generous and patriotic services, in their favour, and for a. continuance of your excellency's ' public, individual and domestic happiness, JOHSr SEVIER, Chf. Which being read was concurred with. Received from th« House of Representatives the following resolutions : Resolv/d, that no petitions nor bills of a private nature will be taken up nor entered upon during the present session of assembly after to-morrow. ■Received fi'om the House of Representatives a hill establishing-a town in Sullivan county bythe name of Blonntville ; A bill, to alter and establish a fine between the counties of Jefferson and Sevier, on the south side of French Broad river ; And a bill appointing commissioners to erect a court house, &c. in Sevier county ; also, a bill to' compel clerks of courts, regis- tets and rangers to keep their offices at the court house of their respective counties, each endorsed, " read the first time and passed." Ordered, that these bills be read, which being read, were passed the fi^rst time and returned. ' ' Received from the Council, a bill limiting the' time of attendance of grand jurors and constables at the several coiurts ; a bill appointing com- missioners in the county of Jefierson, dz^c. &c. Also, a bill to amend an act passed at Knoxville, Septeinber 30, 1794, intituled " An act ascertaining what property shall be deemed taxable pro- perty, &c. each endorsed, read the first time and "passed. Ordered, that these bills be read, which "being read were passed the se- cond time and returned. Received also, a bill to amend and explain an act of the General Assem- bly, passed at £noxville, September 1794, intituled " An act to repeal so much of an act, requiring persons holding monies arising from fines and forfeitures, &c. endorsed, read the second time and passed. Ordered, that this bill be read, which being read the third time was passed and returned. Received from the House of Representatives, the petition of G. Gillespie, endorsed, read and refered to the committee of propositions and grievances, which was non concurred'; and the following message returned. ' Jlf r. Speaker and Gentlemen of the House of Representatives, The Council do not concur with your proposition in refering the petition of George Gillespie to the committeo of propositions and grievances, but propose that a special Qommittee of claims be appointed ; and on their part name Mr, Taylor. Mr. Sevier moved for leave and presented a bill declaring the punish- ment for feloniously killing any .negro, &c. which was read the first time and passed- Mr. Donelson moved for leave and presented a bill declaring in force an act of the General Assembly pf North Carolina, passed »l Fayetteville, on the first of November, 1790, entitled, an act empowering the county courts 11 to direct the secretary of state correct certain patents, &c, which was read the first time & (Massed. *' Received from the House of Representatives, a bill for the divisiob' of Sumner county, which was read, and, on motion, laid over till the next assembly. Mr. Sevier moved for leave and presented a bill to prevent the recovery of money won by hofse racing, which was read the first time and passed. Adjourned until to-morrow 10 o'clock. ' WEDNESDAY, JULY 8, 1795. MET according to adjournment. Received from the House of Representatives, a bill to suspend the ope- ration of an act, for the relief -of such persons as have been disabled by wounds,. &c. which was read the first time and passed. . Received' a[lso a bill to appoint commissioners for the regulation of Clarksville, which was read th@ first time and passed. And a bill limiting the attendance of grand juriN-s, which was read the first time and passed. Received from the House of Representatives, a bill establishing a town in Sullivan county by the name of Blountville ; and a bill providing for the enumeration of the inhabitants of this Territopyj which were, read the serond time and passed. Message from the Goveriior : Mr. President and Gentlemen <^ ike Legislative Couneil : and Mr. Speaker and Gentlemen of the House of Represenlaliv^St I lay, before you copies of several- papers respecting the opening of a waggon road from Buncombe court house, in North Carolina, to this Ter- ritory, a list of which is subjQined, recommending that important subject tp your consideration. , Wm. BLOUNT.. Sent to the House of Rlep^esentiitives the following message : Mr. Speefker and Gentlemen cf the House 'Of Representatives, The Council herewith send you a message, which they have this day received from his Excellency Governor Blount, accomJ)»nying sundry pa- pers respecting the opening a waggon road from the state of South Caro- lina to this Territory. The Council propose appointing a special committee to take into con- sideration and report on said communications, and on their part h^ve named Messrs. Sevier and Taylor. . , Received from the House of Representatives, a bill appointing commis- sioners to erect a court-house, &c. in the' county of Sevier; andabill appointing commissioners for regulating' the town of GreeneviUe ; also a bill to amend an act passed at Enoxville, September the 30th, 1794, inti- tuled, ' An act ascertaining what property in this Territory shall be deem- ed taxable property, &c. which were read the third time and passed. . Received likewise, a bill to repeal' so much of an act, intituled, Anact to regulate and ascertain the several officers fees therein containedipassed 12 'at KnoxviUe, September 29, 1794, as respects the fees of the clerks and masters in equity, and establishing other fees in theirstead. Adjourned until to-raorroW 10 o'clock, a,, m. THURSDAY, JULY 9; 1795. , MET according to adjournment. Received from the House of Representatives, a bill to suspend the ope- ration of an act, intituled, ' An act for the relief of such persons as have been disabled by wounds, &Q. which was read the third time and passed. ' And a bill to appoint compnissioners for the i-egnlation of Clarksville, ill Tennessee county ; which being read, the former was passed the second time and returned, and the latter the third time and ordered lo be en- Also, a bill to alter and establish the litie between the counties of Jeffer- son and Sevier; a bill to divide the county'of Washington, which being read were passed and returned. Received also the following resolution. Resolved, that George Gillespie, sheriff of Washington county, be al- lowed fane hundred and twenty dollars and fifteen cents, for ^monies ex- pended and services performed as sheriff in Washington district. Which was read and concurred with. Adjourned until to-morrow 9 o'clock.' FRIDAY, JULY 10, 1795. Met according to adjournment. Received from the House of Representatives, a hill to atler and estab- lish a line bbtween the counties of Jefferson and Sevier, And a bill to repeal so much of an act, intituled, ' An act to regulate and ascertain the several officers fees,' &c. which being read, the former was passed the third time and ordered to be engri^ssed, and the latter the second time and returned. Received from the House of Representatives the following message : Mr. President and Gentlemen of the Jje^isliztive Council, The House of Representatives propose that the estimates for the Gene- ral Assembly be made out until the Itth insknt, incliisive, with which they request your concurrence. Adjourned until to-morrow, 9 o'clock, a.m. SATURDA"^, JULY ll, 1795. MET according to adjourpment. Received from the House of Representatives, a bill to repeal so much of an act, intituled, ' An act to regulate and ascertain the several officersfees thereiii contained, &c. Ordered, that this bii be read, whi^ibeing read the third time was pass- ed and ordered to be engrossed. 13 Received also, a bill to divide the county of Knox, esdoraeid, ' July S, Uken up an j passed tKe third time.* >■ Ordered, that this bill be read, which being read the third time vtras pass- ed and ordered to be engrossed. h . Received from the House of Representatives theioUowlng resolutions :' Resolved, that Baldwin Harle and WUljam L. Lovely^ be aljowed twen- ty dollars for drawing' and engrdssing 'eight-bills. Resolved, that it is the sense of this house, that James White, esq. elect- ed at the lastsession of the.General Assembly to represent this Territory, in the Congress of the United States, was elected to represent the Terri- tory in Congress .during the existence of the temporary governmeOt.'^ Read and concntreJ with. Resolved, that George Roulstone ttnd Williftq» Maclin be^ allowed thir- ty-five dollars for drawing and engrossing fourteen bills. Received also a resolution allowing John Stone ten dollars, for the use , of his bouse ; each endorsed, read and concurred with. Resolved, That his Excellency Governor Blaunt be authorised and di' rected tt> appoint three comliiissionersi to mee,t the three commissioners appointed by the state of South Ca^rolina, to deliberate and consult on Measures for the purpose of cutting and opening a road through the east- ern mountains, and report tinto our next general assembly the result oi their conference ; aleo, the practicability and probable expence of, cutting and opening the said road, the nearest and best rout through the moun- tains— >That the Governor, also, be authorised and empowered to draw a sum out of the treasury, not exceeding one hundred dollars, for the pur- pose of defraying ths necessary expences of said commissioners. Sent for concurrence. An estimate of the pay of the Legislative Council, their clerks and dopr-keepers, at a session commencing June 29, 1795, and ending July II, 1795, allowing two dollars and fifty cents per day for each member and clerk, and two dollars for the door.'keepers, and two dollars and fifty cents for every- thirty miles riding to and from the assembly, to the members and clerksi also, their ferriages. , ;* Days. Ferries. Miles. Dolls. Cents. Griffith Rutherford, IS 4 322. 6 033 John Sevier, 13 2 200 • 49 33 James Winchester, 13 4 312 59 50 Parmenas Taylot, 13 2 102 41 16 1-3 Stockley Donelson, 12 4 130 41 16 1-3 George Roulstone, elk. ,13 -, 32 60 'M Do. for stationary and en- \ '''* grossing, 42 50 William Maclin, elk. 13 6 380 65 28 1-2 Do. for stationary and en- \ grossing, 42 60 C. Shoat, door-keeper, 13 4 420 62 ThoS. Bounds, do. 13 12 27 John Stone, house-rent. 10 Dollars, 533 27 1-6 14' A message from the Governor. William Blount, (Jovernor, in and over the Territory of the United States of Ameriea, south of the ri\^?r Ohioj To the President and Gentlemen of the Legislative Council, and The Speaker and Gentlemen 6fthe House of Representatives: The business of this session being completed, the General Assembly is prorogued sine di^. Given under my hand and seal, atEnoxville, July 11, 1795. WILLIAM BLOUNT. By the Governor, Thomas H, WilXiams, Pro Sec'y. The business of the session being finished, it was unanimously resolved, that the thanks of the Legislative Council be presented to the 'Hon. Grif- fith Rutherford for Jiis attention and, able services as President thereof. Ordered, that the Honorable President sign the Journal of this house, as the proceeding thereof, and that the clerk attest the same. ' , GRIFFITH RUTHERFORD, P. L. C. By order— G. Roulstohe, C. L, C. JOURNAL OF THE PROdEEDINGS OF THE HOUSE OE EEPRESENTATIYES OF THE TERRITORY OF THE UNITED STATES 0F_ AMERICA, SOUTH OF THE RIVER OHIO; BEGUN AND HELD AT KNOXVILLE, THE 29TH DAY OP JUNE, 1795. KNOXVILLE.: PRINTED BY GEORGE EOULSTONE, PRINTEE TO THE TEEEITOY, ms. NASHVILLE: EE-PEINTED BY McKENNIE & BROWN, TRUE WHIG OFFICE. 1852. ORDKR£{> Tb BB R&FBiNTSD BY THE GENEBAL ASSEMfttY OF THE STATE OF TENNESSEE, OP 1851—2. J0\JRIAL OP THE HOUSE OF REPRESENTATIVES. MONDAY, June 29th, 1795, being the day appointed for the meeting of the Representatives of the people of the Territory of the United Stales of America, south of the river Ohio. ' '. The foUowfing members appeared and took their seats, viz. Joseph Har- din, George Doherty, William Cocke, John Tipton, Leeroy Taylor, James Ford, Joseph M'Min, Alexander Kelly, and John Beaird, esquires. The house proceeded to the choice of a speaker, when Mr. Hardin was unanimously chosen and conducted to the chtair. Thomas Hardiman, esq. from Da'v^dson county, and Abraham Landers, esq. from Sumner county, appeared, produced credentials of election, and took their seats. Ordered, that the following message be sent to his Excellency Governor, Blount. *. Sir. The House of Representatives are now met agreeably to your ap- ' pointment, and are ready<£6 receive any communications that your Excel- lency may think proper'to lay before themif'^!. Ordered^ that a message be sent to the Council, informing them that the house are met, and ready to proceed to business. Adjourned until to-morrow 9.o'cIock, a. Itt. TUESDAY, JUNE 30, 1796. Met according to adjoarnment. * Mr. Wear appeared! fend took h^s seat. Mr. Dougherty moved that a committee of privileges andielections be appointed. ^ , Messrs. Cocke, Tipton, Hardiman, Landers, Taylor, and Ford, were ap- pointed a committee for that purpose. JReceived from the Council a bill pointing out the method of compelling persons residing in this Territory to give evidence in causes pending in any of the United States ; endorsed, read the first time and parsed, which being read the first time was returned. A message from the Council : Mr. Speaker and Gentlemen of the House of Representatives, The Council are ready.to receive any ■(jommnflications yon may make. They have appointed Mr. Tayloi' on the part of the Council, to join such members of your house as you may appoint as a committee of propositions and grievances ; and Mr. Winchester witji such members of your house as you may join, to prepare such bills of a public nature as may be neces- sary to be passed into laws the present session. Concurred with, and Messrs. Tiptoin, Doherty, Cocke, and Landers, are appointed' for the committee of propositions and grievances : — And Messrs. M'Min, Taylor, Cocke, Har- diman, Landers, and Kelly, are appointed for the committee to prepare such bills of a public nature as may be necessary to be passed into laws the p'resent'session. Ordered, that a message be sent to the Council rejecting the same. Mr. Cocke moved for leave and presented a bill to repeal an act, inti- tuled, an act to J)revent the wilful and malicious killing of slaves, passed at Newbern the 19th day March 1774 : Ordered to be read, which being read, was passed the first time and sent to the Council. Received a message from the Counnilj accompanying one from his Ex- cellency Governor Blount, proposing a ■conference of both houses, on the contents of the Governor's message : Message from the Governor : Mr. President and Gentlemen of the Legislative Councit,a.nd Mr. Speaker and Gentlemen of the House of tl^esentati'Des, The ptinoipal object for which I have called you together at an earlier period, than that to which the General Assembly stood prorogued, is to afibrd an opportunity to enquire whether it is as I have been taught to be- lieve, the wish of the majority of. the people, that this Territory Should " .become a state, when, by taking the enumeration there should prove to be sixty thousand free inhabitants therein, or at such earlier period as Congress shall pass, a:n act foi' its admission ; and if it is, to take such measures as may be proper to efieet the desired change of the form of government as early 4s practicable. Upon experience it is found, that'the fine and double tax imposed upon * non-residents, proprietors of taxable propq^y, who failed to return the same to the justices of the peace, appointed to take the tax list, within the time limited by law, is oppressii^e and unjust, in as much as the time allowed for returning lists of ihe said taxable property, had, in many in- stances, expired, and the non-resid&nt proprietors made liable to a heavy fine and double-tax, before thej{ had information that tbp law imposing such t^x had passed. — Our national tiharacter (yet in its infancy, and ought to be carefully nursed) and justice too requires, that relief should, at this seBsionof tbe-General A.ssembly, be allowed to that description of our fel- low-citizens. Doubts also have arisen upon the tax law, whether it was or was not the intention of the General Assembly to levy a public tax for the yeair 1794. I have judged that it was not, and have issued commissions for collectors of that tax only for the year 1795. And should it have come within your knowledge, that there are other parts of the law upon which difference of opiaion has arisen, as to the manner of carrying it into effect, this would be the most proper time to pass an act explanatory of that law. I presume it cannot but be known to you, that the attempt to raise a fund for'the purpose of discharging the cost of cutting and clearing a waggon road from South West Point to the settlements on Cumberland ■ river, by Lottery, will prove abortive : Bui! I am so full^ impressed with the many advantages that will result to the public from such a road, that I cannot forbear to recommend to' you, Gentlemen, to extend such Legisla- tive aid to that object, as may be in your power, in which you may reiy on my hearty concurrence, ^ , As to other objects essential to be taken up this session, none occur to me, but I shall concur with you in such mejasures as shall, be found to promote the general interest and happiness of the people. Upon the head of Indian affairs, I have the pleasure to infor,m you, that the prospects of peace between the United States, and all the Indian tribes or nations, are more pleasing than at any other period since the commence- ment of the war between Great Britain and the United States. I would not, however, in thus expressing myself be understood, that it is my opin- ion, that no more murders and thefts will be committed by Indians upon the frontier citizens ; on the contrary I believe, that while there is a tribe of Indians remaining on this side of the Mississippi, uncircumscribed by the citizens of the UftiJ^d States, that a description of them by the Chiefs, denominated, bad youriffrmen, will continue, more or less, frequently to commit murders and thefts upon the frontier inhabitants ; but against that description of Indians, as well as all others, should an alteration of dis- position take place, Congress, at the last session, by the augmentation of the military establishment, have enabled the President to give more e^g-, tual protection to the frontier citizens than they have hitherto experienced. Signed, WILLIAM BLOUNT. Ordered, that a message be sent to the Council, agreeing to the;|)roposi- tion of a conference of both houses, to meet at half past 1 1 o'clock, a. m. at the court house. *.,. Mr. Rutledge appeared and took his seat. < Received from the Council a letter signed B. Searcy, praying the eman- cipation of negro Bob ; endorsed, read, and refered to a coran(iittee of prop- ositions and grievances, with which this hon^e does not concur. Also, a message postponing the tittle for*the meeting otf the conference of both houses until to-morrow ten o'clock, with which this house con- curs. . . • , . ;' '. Mr. Tipton presented a petition from the inhabitants living on ^he west side of the Iron Mountain, praying a division of the county of Washing- ton, read, and referred to the committee of propositions and gjjievances. 6 Also, a petition of sundry inhabitants of Washington, prescribing lines for tlie above division, read, and refered as above. Mr. Dougherty presented a petition of sundry inhabitants of Sevier county for aijnexing part of Sevier connty to Jefferson, read, and refered to the committee of propositions and grievances. Mr. Kelly presented a petition of sundry inhabitants of Knox county praying a divisfen, read and refered as above. Adjourned until to-morrow, 10 o'clock; WEDNESDAY,- JULY 1, 1795. Met according to adjournment. A petition for the establishment of the town of Dandridge, was read and refered to the committee of propositions' and grievanpes. Mr. Tipton from the committee of propositions and grievances reported, that the petition of sundry inhabitants living south of French Broad river, pralyiog a division of Knox county is reasonable, and that a bill be brought in this present General Assembly to divide the same, agreeable to the prayer of the petition. With which this house concurs. JOHN TIPTON, Chr. Ordered, that Messrs. Ford, Taylor, and Rntledge, be added to the committee of propositions and grievances. A petition of sundry inhabitants of Mero District, praying a redress of certain grievances, was read and referred to the committee of propositions and grievances. i Received.from the Legislative Council, a bill pointing out the method of compelling persons residing in this Territory to give evidence in causes pending in any of the United States ; endorsed, read the second time and passed. Ordered, thafthis bill be read, which being read the second time was passed and returned. Also, a bill to repeal an act, intituled, ' An act to prevent the wilful and malicious killing of slaves, ' passed at Newbern the 19th of March, 1774 ; endorsed, read the first time and passed. Ordered, that this bill be read, which being read the second time was palsed and returned. Likewise, a bill appropriating certain monies in the hands of certain commissioners, appointed by an act of the General Assembly of North Carolina, passed in the year 1789, intituled, ' An act directing the sale of the Salt Licks and Springs, with the adjoinin^r lands, within the district of Mero ; endorsed, read the first time and passed. Ordered, that this bill be read, which being read, was passed the first time and returned. Adjourned until to-morrow, 10 o'clock, a. m. <' THURSDAY, JULY 2, 1795. ;, Met accbrding to adjournment. A bill to divide Knox connty was read the first time, passed and sent to the Council, i, Mr. Tipton from the committee of propositions and grievances, reported, that the petition of sundry inhabitants of Mero district, praying a revisal of the last tax law, is reasonable, and tht^t the objects, thereby presented, are now iind<^r the consideration of the General Assembly. ^ Also, the petition for establishing the town of Dandridge, is reasonable, and ought to be granted— And that the petition of sundry inhabitants of Washington county, praying a division of the same is reasonable, and that a bill.be brought in to divide the same, &n. — And that the petition of sun- dry inhabitants of the county of Jefferson, praying a removal of the court house of said county ought to be rejected. JOHN TIPTON, Chr. With which thi^ house concurs, A memorial and petition of John Bean was read and referred to the committee of propositions and grievances. A petition of sundry inhabitants ^of Sullivan and Hawkins counties, praying an alteration of the place of holding the district court in Wash- ington district, read and refered as above. ^ A bill to establish the town of Dandridge, oh the north bank of French Broad river, on the lands given by Erancis Dean to the use of the county of Jefferson, and for appointing commissioners for the regulation thereof, read the first time, passed, and sent to the Council. A bill from the Council appropriating certain monies in the hands of commissioners, appointed^ by an act of the General Assembly of North Carolina, passed in the year 1789, intituled, ' An act directing the sale Of the Salt Licks and Springs, with the adjoining lands, within the district of Mero ; endorsed, read the second time and passed. Ordered, that this bill be read, which being read, was passed the se- cond time and returned. A bill was presented to divide the county of Washington into two dis- tinct counties. .'1**:'^ Ordered, that this bill be lead, which being read the first time, was pass- ed and sent to the Council. Received from the Council the report of the committee of propositions and grievances, on the petition of the inhabitants of Knox county ; en- dorsed, concurred with. A message from the Council. Mr, ^pedher and Gentlemen of the House of Representatives, The Council propose, that a joint committee be appointed to take into consideration the most eligible manner of obtaining the sense of the peo- ple as to their becoming an iudepepdent state, and the necessary measures to be taken thereon : Also, to draw up and present an answer to the ad- dress and communication of the Governor at the opening of the session.-,- Mr. Winchester and Mr. Sevier are appointed on the part of the Council. Ordered, that Messrs. Cocfeej Wear, Landers, Hardiraaui Taylor, and Ford be appointed on the part of this house, and that the Council be in- formed of the same. Adjourned until to-morrow 10 o'clock, i.m. FRIDAY, JULY 3, 1795. ' Met according to adjournment. ' Received from the Council, a bill to divide tiie county of Knox into two dietihct counties ; endorsed, read the firet time and passed. Ordered, that this bill be read, vfhich being read the second time was amebded, passed and returned. Also, a bill pointing out the method of compelling persons residing in this Territory to give evidence, &c. endorsed, read the third time and Or(fere(i,'th3t this bill be read, which being read the third time was pass- ed and ordered to be engrossed. Also, a report pf the treasurer of Washington and Hamilton districts, which was read and refered to a comnlittee appointed for that purpose.' Ordered, that the following message be sent to the Council : Mr. President and Gentlemen of the Council, We propose that a joint committee be appolntecl to take into considera- tion the report of the treasurer ; and on our part appoint Messrs. Wear, M'Min, Kelly, and Beaird, to act with such gentlemen as you may ap- point.- Received from the Council, a bill to establish the town of Dandridge ; eiidorsed, read the first time and passed : — And a bill appropriating certain monies arising from the sale of the Salt Xieks and Springs, &c. in Mero district ; endorsed, rea.d the third time, amended and passed. Ordered, that these bills be read, which being read, the former was parsed the first time and returned ; the latter passed the third time and or- dered to be engrossed. On motion, a bill was presented to repeal an act, intituled, ' An act for the relief of such persons as have been disabled by wounds, or rendered incapable of providing for themselves and families subsistence in the mili- tia service of this Territory, and providing for the widows and orphans of such as have died — Also, a bill, on, motion, was presented, providing for the enumeration of the inhabitants of this Territory. Ordered, that these bills be read, which being read the first time were passed and sent to the Council. Mr. Tipton from the committee of propositions and grievances, reported, that the petition of sundry Inhabitants of Washington and Hawkins coun- ties, praying, that the Superior Coort of Washington district be removed to the centre of the district, ought to be rejected, and that the prayer of the petition of John Bean cannot be granted. JOHN TIPTON, ChT. With which this house concurs. The petition of James Reese and Archibald Fisher, praying a restitu- tion of monies by them expended fo^ the guard, was read and refered to the committee of propositions and gtievancps. Received from the Council, a bill to divide the couhty of Washington into two distinct counties ; endorsed, read the first time and passed. Ordered thsit this bill be read, which being read the second time was amended and passed. . ^ The petition of sundry inhabitants of Sevier county, praying the estab- lishmeflt af a court house in the said county, was read and refered to the committee of propositions and grievances, ^ Adjourned uatU to-morrow IP o'cIdcIj, a. m. SATURDAY, JULY 4,' 1795. Received frcwn the Council, a bill fj^r egtabllsbing Wasbingtoia college at Salem, &c. endorsed, read the second, time anj passed. Ordered^, thax this bill be read, whiph beiag read the ^epood tiioje was amended, .passed and returned. , Received alspj a, bill to arpend and explain an act of the General Assem- bly, passed at Knoxville in September, 1794, intituled, ' An aqt to repeal so niuch of an act, requiring persons holding, monies arising frgmfines. and for- feitures, imposed for the punishment of public ofienders, , taxes on proceed- ings in law and, equity ; on the probaf^ of deeds ; an the rssgistering of grants for land; and the issuing marriage and ordinary licences, as di- rectecl by the laws of North Carolina, to account for, and pay the same, as lays a tax on marriage licenses ; ' endorsed, read the first time apd Ordered, that this bill be read, which being , read the first time, was passed and .returned. ; On'motion,'a bill was presented for the division of Sumner county; ' Ordered, that this bill be read, which being read tlie firsttime was pa^Bs- ed and sent to the Council. Received also, a bill to amend an act, intituled, ' An act to regulate and ascertain the several officers fees therein contained, ' passed at Knoxville, September 29, 1794. Ordered, that this bill be read, which bteing'read the first titae was pass- ed and sent to the Council. A message from the Council : Mr. Speaker and_ Gentlemen of the House of RepTesentatives., The Council have appointed qb their part Mr. Winchester to act with BUch gentlemen as you may join as a committee; to examine engrossed bills,, and present the same to his Excellency the. •Governor for hi« assent. Concurred with> and Mr. M'Min appointed on the patt of this hq use for the committee. Adjourned until Monday 10 o'clock, a. ih. MQNDAY, JULY 6, 1793. A petition of sundry inhabitants of Hawkins, Jeflferson and' Knox conn- ties, praying a division of said counties, w4.s read, and refered to the com- mittee of propositions apd grievances. Received a bill fromjhe Council for establishing a college at Salem, &e. endorsedji, read the third time, amended and passed. Ordered', that this bill be read, which being read the third time Was pass- ed and ordered to be engrossed. On motion, a bill waB presented appointing commissioners for regulating the town of Greeneville in Greene county. — Alsia, on motion, a bill vvas 10 presented to autliorise the sheriffs to collect their arrearages In the differ- ent counties. Ordered these bills be read, which being read the first time were passed and sent to the Council. Received from the Council the foflowing bills : A bill providing for the enumeration of the inhabitants of tfie Territory of the United States, &c. —A bill limiting the time of attendance of grand jurors at each and every superior "court of law. — A bill to amend an act, intituled, ' An act to regu- ■ late and ascertain the several officers fees therein contained, passed at Knoxville, September 29, 1794.— A bill for appointing commissioners in the county of Jefferson, for the purpose of erecting a court house, prison and stocks, and laying off a town in said county; endorsed, read the first time and passed. Ordered, that the?e bills be read, which being read were passed tha first time and returned. "^ The petition of sundry inhabitants of Sevier county Buying the estab- lishment of a court-house, prison and stocks in said county, endorsed, read and refered to the "committee of propositions and grievances, was read and concurred wilh. ' A bill to divide Knox county ; endorsed, read the second time and pass- ed. I ' Ordered, that this bill be read, which being read the third time was on motion rejected. On motion of Mr. Kelly and seconded, the yeas and liays were taken. Yeas— Messrs. Cocke, Tipton, Kelly, Taylor, and Wear. Nays — Messrs. M'Mln, Doherty, Landers, Beaird, Ford, and Hardiman. Yeas 5— Nays 6. A petition from sundry Inhabitants of Mero district, praying that an act be passed to suppress horse-racing, was read and refered to the committee of propositions and grievances. On motion, a bill was presented establishing a town in Sullivan county by the name of Blountville. Ordered, that this bill be read, which being read the first time was passed and sent to the Council. Received from the Council, a bill to amend and explain an act of the General Assembly, passed at Knoxville in September^ 1794, intituled, ' An act to repeal so much of an act, requiring persons holding monies arising from fines and forfeitures, imposedfef the punishment of public offenders, taxes, &c. &c. as directed by the laws of North Carolina, as lays a lax on ntariiage licences ;' endorsed, read the second time and passed. Ordered, that this bill be read, which being read was passed and returned. On, motion, a bill was presented to alter and establish a line between the counties of Jefferson and Sevier, on the south side of French Broad river. Ordered, that this bill be read, which being read the first time was passed and sent to the Council. Resolved, that no petitions nor bills of a private nature will he^taken up nor entered upon during the present session of assembly after to-morrow. Ordered, that the above resolution be sent to the Council for their con- currence. Adjourned until to-morrow 9 o'clock a, m. 11 TUESDAY, JULY 7, 1795. Met according to adjourpment. Received from the Council the following report : "• Mr. Sevier, from the committee appointed to draw up and present an address to his Excellency Governor Blount, in answer to his address and communication* of Tuesday last, reported the following,' which being read was concurred with. <• To his Excellency William Blount, Esquire, Governor and CommanSep in Chief in and over the Tirritory of the United States of America, south of the river Ohio. SIR, THE members of the Legislative Councils and of the Hou^e of Repre- sentatives^ beg leave to express to your Excellency their approbation of the object for which they were principally called together; and feeling convinced that the great body of our constituents, are sensible of the many defects of our present mode of government, and of the great and permanent advantages to be derived from a chsinge and speedy representation in Con- gress, the Gener^ Assembly of this Territory, will, during their present session, endeavour to devise such means as may have a tendency to effect that desirable object, and in doing ao, we shall feel happy in meeting with '' your Excellency's concurrence. Your Excellency may rest assured, that the tax law will be. reviewed, and considered with mature deliberation, and whilst we shalllabour to re- medy that part of the system which, has in its operation appeared to you oppressive and unjust, we shall carefully explain such clause or clauses, upon the true construction and meaning of vvfaich doubts hav« arisen. . We regret, Sir, that the attempt made at our last session to raise a fund for the cutting and clearing a waggon road from South- West-Point to the settlements on Cumberland river, by lottery, has not proved commensurate to the object in view : And while we feel a certainty th^t thepuj^lie bene- fit and convenience will be heightened exceed I nglyfrqm such a road, we shall strive to extend such legislative aid to that object. as the present sit- uation and resources of the Te'rritory may admit of. To pi-omote the general interest and happiness of the people, will be our first and greatest care ; and in this we harbour not a doubt but that we shall meet with your generous assistance. L-. We rejoice vyith your Excellency, that the calamities arising from In- dian warfare, have now in a great measure ceased to exist upon our ex- posed frontiers ; and so long as a remembrance of past eufierings contin- ues, we shall entertain a' grateful sense of your Excellency's unwearied and Constant struggles to promote a general peace with the Indian tribes ; the good effects of which we now so sensibly experience. It is to be lamented however, that such is the savage disposition of In- dians, and sogreat their thirst for shedding the blood of white men, that even in times of peace, the lives ot our frontier settlers are in a greater or degree insecure ; but when this melancholy truth presents itself to our .view, we derive great consolation from the pleasing hope, that f;he federal , government will afford us such defensive protection, which as citizens 12 of Americii, we have a right to expect, and the present flourishing situa- tion of American resources, and their brilliant armament authorizes us to look for. We cannot conclude without expressing ouir approbrtion of your Ex- cellency's administration, and a sincere wish that the people of this Ter- ritory may long experience your generous and patriotic services,in their favour, and for a continuanqe of your excellency's public, individual-9.nd domestic happiness, ,, JOHN SEVIER, Chr. Which being'read was concurred wijh by this house. ^ On motion, a bill was present^^ to compel the clerks of the several county courts, registers and rangers, within this Territory to keep their offices at the court-houses of their respective counties. Ordered, that this bill be read, which being read the first tinie was pass- ed and sent to the Council. , Received from the Council, a bill to amend an act passed at Knbxville, September the 30th, 1794, intituled, ' An act ascerta;ining what property in this Territory shall be deemed taxable property, and the method of col- lecting public taxes,' endorsed, read the first time and passed. Ordered, that this bill be read, which being read the first time was pass- ed and retarned. Received from the Council, a bill to amend an act, intituled, ' An act to regulate and ascertain the several officers fees therein contained, passed at Knoxville, September 29, 1794,, endorsed, read the second time and passed. Ordered, that this bill be read, which being read was amended, passed and returned,. On motion, a bill was presented to suspend the operation of an act, inti- tuled, ' An act for the relief of, such persons as have been disabled by wannds, or rendered incapable of procuring for themselves and families subsistencej in the militia, sefrviee of this Territory, and providing for the widows and orphans of such as have died. Ordered, that this bill be read, which being read the first time was passed and sent to the Council. Received from the Council, a bill to divide the' connty of Washington into two distinct counties ; endorsed, read the second time and passed. Ordered, that this bill be read, which being read the third time was amended, passed and returned. On motion, a bill was presented appointing commissioners to erect a court-heuse,'pri3un and stocks in the county of Sevier, and to lay oQt and establish a town in the same. Ordered, that this bill be rfead, which being read the first time was pass- ed and sent to the council. Mr. Tipton from-the committee of propositions and grievances, Report- ed, that the petition of Archibald Fisher' and James Reese, praying a re- dress ; alsoj the petition of sundry inhabitants of Mero district, praying that an act pass tb prevent horse racing ; likewise, the petition of sundry inhabitants of Unox, Jefierson, and Hawkins counties, praying ff division of said coun-ties, ought to be-refered to the next General Assembly. And that the petition of sundry inhabitants of Sevier county, praying 13, that a court-house, prison and stocks, be erected in said county, is reason- able and that commissioners be appointed to 6x on the place. JOHN Upton, chr. Concurred with and sent to the Council. Received from the Council, a resolution of this Houfg, respecting the business of the session ; endorsed, concurred with. ... .^,. Also, a bill appointing commissioners for regulating the towli of Greene- ville, in Greene county. — And a bill to authorise the sheriils to collect Ihetr arrearages in the differient counties ; endorsed, read the first time ajid o^ passed. v Ordered, that these bills be read which being read the second time were passed and returned. The petition of George Gillespie, praying an allowance for his services as sheriff in Washington district, was read and refered to the committee of propositions and grievances, and sent to the Council. A message from the Councif: Mr. Speaker and Gentlemen qf the House of Representative^ The Council do not concur witj^, your proposition in refering the peti- tion of George Gillespie to the coiQaiittee of propositions and .grievances, but propose that a specisU committee of claims be appointed ; and on their part name Mr. Taylor. Concurred with, and Messrs. Cocke, Landers, and Wear, ^^e appointed on the part of iJiis bouse. Received from the Council, a bill to prevent the recovery of money won by horse racing ; endorsed, read the first time ai)d parsed. Ordered, that this bill be read which being read the first time was passed and returned. Oj) motion, a bill was presented to appoint commissioners for the re.gu- lation of Clarksville, in Tennessee county. Ordered, that this bill be read which being read the first time was pass- ed and sent to the Council. Received from the Council, a bill for appointing commissioners in the county of Jefferson, for the purpose of erecting a court-house, ,&c. en- dorsed, ' read the second t^e and passed,' And a bill to repeal an act of the General .Assembly, entitled, an act to repeal an act requiring persons holding monies arising from fines and for- feitures, &c. endorsed, ' Read the third titjie and passed.' Ordered, that these bills be read, which being read, the former was on motion rejected, and the latter read the third tigae, amended by consent of the Council and ordered to be engrossed, ' Received also, a bill ^eclari^g in force an act of itbe General Assembly of North Carolina, passed at Fayetteville, on the first of November, 1790, entitled, an act empowering the county courts to direct the secretary of state to correct certain patents, endorsed, ' Read the first time and passed.' Ordered, that this bill be read, which being read, was passed the first time and returned. Adjourned until to-morrow 9 o'clock, a.m. 14 WEDNESDAY, JULY 8, 1795. MET according to adjournment. Received from the Council a bill to amend an act, passed at Knozville, Sept. 30, 1794, entitled an act ascertaining^hat property in this Territory shall be deemed taxable, &c. And a bill limiting the time of attendance of grand jurors, &c. each endorsed, ' read the second time amended and Ordered, that these bills be read, which being read were amended, pass- ed the second time and returned. Received alsq, a bill to suspend the operation of an act, for the relief of such persons as have been disabled by wounds, &c. And a bill establish- ing BlountvUle, in Sullivan county, each endorsed, read the first time and Ordered, that these bills be read which being read, were amended, pass- ed the second time, and returned. ' . Received also, a bill to appoint commissioners to erect a court-house, &c. in the county of Sevier. And a bill to compel the clerks of courts, re- gisters and rangers to keep their offices at the court houses of their res- pective counties, e^ch endorsed, ' read the first time and passed. Ordered to be read, which being read, the former was amended, passed the second time and returned, and the latter was, on mbtion'laid over till the next assembly. And a bill appointing commissioners for the regulation of the town of Greeneville, endorsed, ' read the second time and passed. Ordered that this bill be read, which being read, was passed the third time and returned. On motion, ordered, that the determination on Monday, on the bill to divide the county of Knox be rescinded, and that the bill be taken up and reconsidered. On motion of Mr. Hardiman and seconded, ordered, that the yeas and nays on the question, be entered on the journal. For reconsidering the bill : Messrs. Cocke, Tipton, Taylor, Kelly, Wear , Rutledge, and Doherty, — Against it, Messrs. iM'Min, Hardiman, Ford, Landers, and Beaird. — Yeas 7. — Nays 5; The said bill to divide Enox county being taken up and read was passed the third time and sent to the Council. Received from the Council, a bill to appoint commissioners for the regu- lation of Clarksville, in Tennessee coudty ; endorsed, read the first time and passed : And a bill to prevent the recovery of money won by horse racing ; endorsed, read the second time, amended and passed. Ordered, that theee bills be read, which being read the second time, the former was passed and returned, and the latter rejected. Adjourned until to-mbrrow, 9 o'clock. 15 THURSDAY, JULY 9, 1795. Met according to adjournment. The committee to whom' was referred the report of the treasurer of Washington and Hamilton districts, -^ / Report, that from the statement of the treasurer of returns made from t^e Clerks of Greene, Hawkins, Jefferson, Sevier and Knox counties, the sum of four thousand two hundred and eighty-seven dollars & four & one half cents arises from taxation out of those counties : That there is a tax yet due on fifty six origlnaj grants of sixty-two and a half cents eaoji, re- gistered by the register of Knox county ; That the clerk of the superior court of Washington district, reported to him, that the amount of taxes on suits at law, fines and forfeitures, by him received since the first day of June, 1794, until the first day of June, '1795, in part discharge of which amount, he hath prodtficed authenticated certificates for the attendance of members of the last General Assembly, but the sum is not particularized by the treasurer. Your committee remark, that the treasurer of Mero district as yet, has made no return, neither have the clerks ol Davidson, Tennessee, Sullivan, or Washington counties, which neglect is suggested to be occasioned by the sudden and unexpected cal} of the present General Assembly : There- fore, they are of opinion, a longer time ought to be allowed to the said trea- Burer and clerks to bring forward their reports. Your conimittee beg leave to observe, that the monies arising from the tax levied by the last General Assembly very much exceeds their most sanguine expectations ; and that such will be the state of the treasury de- partment, that the next tax to be levied may be very much lessened, and then be fully commensurate and adequate to defray every expenditure and ■ necessary contingency of our government. JOHN SEVIER, Chr. Endorsed, concurred with. Read, concurred with and returned. A message from the Council. Mr. Speaker and Gentlemen of the House of Representatives,^ The Council herewith send you a message, which they have this day received from liis Excellency Governor Blount, accompanying sundry pa- pers respecting the opening a waggon road from the state of South Caro- lina to this Territory. The Council propose appointing a* special committee to take info con- sideration and report on said communications, and on their part have named Messrs. Sevier and- Taylor. -Message,£ram the Governor: ^ '• , Mr. President and Gentlemen of the Legislative Council : and _ • Mr. Speaker and Gentlemen of the House of Representatives, I lay before you copies of several papers respecting the opening of a waggon road from Buncombe court house, in North Carolina, to this Ter- ritory, a ligt of which is subjoined, recommending that important subject to your consideration. , \, Wm. BLOUNT. 16 Ordered, that the following message be sent to the Council : Mr. President and Oenllemen •efthi ■Council : The House of Representatives concur with your proposition of appoint- ing a special committee to take into consideration the communications of the Governor.; and appoint on their part Messrs. Wear, Cocke^Doherty,f and Taylor. a Received from the Council, a bill limiting the lime of attendance of grand jurors and constables at the several courts ; endorse!, read the third time, amended and passed. » ^ Ordered, that this bill be read, which being read the third time vfas amended, by consent of the Council, passed and ordered to be engrossed. Also, a bill to alter and establish the line betweeathe counties of Jeffer- son and Sevier ; endorsed, read the first time and passed. Ordered, that this bill be read, which being read the second time, was amended, passed and returned. On motion, a bill was presented to repeal so much of an act,^ intituled, An act to regulate and ascertain the several officers fees therein contained, passed at Knoxville,>September 29, 1794, as ^spects the fees of the clerks and masters in equity, and establishing other fees in their stead. Ordered, that this bill; be read, which being read the first time, was passed and sent to the Council. Received from the Council the following bills: Abillto-appoint commis- sioners for the regulation of Clarkaville, in Tennessee county — A bill to suspend the operation of an act, intituled, " An act for the relief of such persons as have been disabled by wounds, &c. in the militia of tthis Terri- tory." — A bill establishing a town in Sullivan county by the name of Blountville. — A bill Appointing commissioners to erect a court-house, &c. &c. in the county of Sevier ; each endorsed, read the second time and ^t. Ordered, that these bills b^ read, which being read the third time were passed and returned. The committee to whom was refered the petition of Qeorge Gillespie, reported, that the prayer of the petition is reasonable, and that he be al- lowed the sum of one hundred and twenty dollars and fifteen cents, which sum ought to be paid and allowed him by the treasurer in the settlement of his public accounts. ^, ABRAHAM LANDERS, Chr. Concurred with 1 and sent to the Council. Received from the Council the report of the committee on the petition of George Gillespie, endorsed, concurred with. Also, a bill providing for the enumeration of the inhabitants of this Ter- ritory, endorsed, read the second time, amended and passed. Ordered, that, this bill be read, jvhicH" being read the third lime was amended, passed and returned. Rdsohed, that George Gillespie, sheriff pf Washington county, be al- lowed one hundred and twenty dollars arid^'ifteen centgv:,for monies ex- pended and seirvices performed as sheriff in 'Washington district. Adjourned until to-morfow ? o'clock. . ' , * 17 FRIDAY, JULY. 10, 1795. Met according to adjournment. Received froni the Canncil, a bill to alter and establish a line between the counties of Jefferson and Sevier, endorsed,,, redd the second time and Ordered, the.t this bill be read, which, being read the third time was ainended, passed and returned. Also, a,bill to amend an act passed a,t Knoxville, September SO, 1794, intituled, " An act ascertaining what property shall be deemed taxable pro- perty, &c. endorsed, read the third time, amended and passed. Ordered, that this bUl be read, which being read the third lime was amended by conseiU of the Council, passed and ordered to be engros^p^ Likewise, a bill to repeal so much of an act, intituled, " An act to -regu- late and ascertain the several officers fees," &c, passed at Knoxville, Sept. 29, 1794, endorsed, read the first time and passed. Ordered, that this bill he reiid, which: being read the second time was, amenfled passed, and returqed, . ' . IVIr. Hardimaniwho had. leave to enter hie dissent against the bill pro- viding for the enumeration of the inhabitants of this Territory, entered the following' 1st. It will he leading the people into a change of government, and bur- dening them with additional taxes, without a certa/inty of deriving any ad- vantages from it, and which they themsefves have not requested. 2d. There are only two sources of revenue, "one by travellers and the othgrfby the United ^tates, to enable the people to pay the expenditures of government, both in my 9pinion inadequate to that purpose. Sdyin taking the census, the travellers may be numbered in each of the counties they travel through, and thereby we may be imposed upon. THOMAS HARDIMAN. Ordered, that the following message be sent to, the Cfouncil, Mr. President and Gentlemen of the Legislative Council, , The House of Representatives propose that the estimates for the Gene- ral Assembly be made out until the llth inBtant,finclusive, with which they request your concurrence. ■ ' ' Adjourned until lo-morrow, 9 O'clock, A.M. ' ., SATURDAl, JULY ll, 1795. MET according to adjournment. ^ Received from the CoT»ncil,% bill to repeal so much oi.^n act, intituled, *" An act to fegulate and ascertain the several ^officers "tees therein con- tained, passed at Knoxville, September 29, l794|i endorsed, read the second time and passed. " '■" ■« > ; Ordered, thatSthis bill be read, which being read the tliird time was pass- ed and returned. 4f ." Whereas it appears to the General Assembly by the oath of Joseph M'Min,'Sisq. that, he drew the certificate granted to William Cooke, esq. ' for his attendance as a membSr at the last session of Assembly, at Knox- 18 ville, by direction of said Cocke, and that he has lost or mislaid the same, so that he cannot find it, and that he never delivered it to the sai^ Cocke. ' Resolved, that the clerk be directed to make a new certificate for Wil- liam Cocke, «sq. for fifty two dollars and thirty three and one half cents, for his attendance at the last session of Assembly, in lieu of the certificate so lost or mislaid. Sent for concnrrence. « Returned, endorsed, read and concurred with. Received a message from the Council, coneiirring with the message of this house with respect to making out the estimates. Ordered, that the following message be ssnt to the Council ; Mr. President and Gentlemen ^ the Legislative Council : We propose that the allowance to be made to each member of the Gene- ral Assembly, per day, be two dollars and fifty cents, and the clerks the same per day as a member, and be allowed the same for stationary and en- grossing that they were allowed at the last session ; and that each mem- ber and clerk be allowed two dollars and- fifty cents for every thirty miles riding to and from the assembly ; and that each doorkeeper be allowed two dollars for each days attendance, with which we retfuest your concur- rence. Received from the Council, a message concurring with the above. Resolved, that Baldwin Harle and William L. Lovely, be allowed twen- ty dollars for drawing and engrossing eight bills. Sent for concnrrence. Received also, a resolutfon of this house in favor of Baldwin Harle and William L. Lovely, endorsed, read and concurred with. Received from the Council the following report : Your committee to whom was refered the resolution of the assembly of South Carolina, together with Governors Vanderhoret's and Blount's let- ters, on the subject of cutting and opening a road thro' the Eastern moun- tains, report the following resolution : Resolved, That his Excellency Governor Blount be authorised and di- rected to appoint three commissioners, to meet the three commissioners appointed by the state of South Carolina, to deliberate and consult on measures for the purpose of cutting and opening a road through the east- ern mountains, and report unto our next general assembly the result of their conferenceY also, the practicability and probable expence of cutting and bpening the said road, the nearest and best rout through .the moun- tains — That the Governor, also, be authorised and empowered to draw a sum out of the treasury, not exceeding' one hundred dollars, for the pur- pose of defraying ths necessary expences of said commissioners. Which is submitted. Endorsed, concurred with, which being read was concurred with. ' Received from the Council the following resolution: Resolved, that George Roulstone and William Macklin be allowed thir- ty-five, dollars for drawing and engrossing fourteen billfeis . read and con- curred with. A message from the Council. Mr. Speaker and Gentlemen of the House of Representatives, i The business being about to be brought to'a close this evening,' we pro- pose that' a-message be- Bent to tlje Qoitrernor i'nformiog' hliti of tli^saine, and^request to be prorogued ; that a member from each bouse wait on him accordlngly,iittdTapp^int Mr. .TZaylorr.on theit part. , ./' CbnctirredVith, and Mr. Co^ke-appointed on the part nf, this house., ^, 'Received from the Council, a resolution allowing. John Stofte ten dol- lars, for the use of his house j read and concurred'with... , . , '.v Mssolvei, th^t itis-the senseiot this house, that James White, esq,, eject ed at the l^st s^s^io^ of, the General Assembly to represent l;bis Teriji^)!^, iu>tBe CSongresBof the United States,' wds elected to represehVthe TotS- tqry in Congress during the existence of the teajporary gbyerhmeht... Received from the Council, a resjolution of this house respectinllifiie election, pf James Wbite, endprsedjiread and concurred with;. • : f ; A mesfea^ froiji She' Govfirnor. '-i--" ■ WiWiftm Blouh% Governorj in and oyer the Territory, of the Wnited States of America, south of -the rivet Ohio, To ihsjPresideni and Genikwien of thiiLegislaiive Council, arid; 5P^ Spe^herand gentlemen of lie House of' Representatives: Thfe/busitieSjSpf this Session being ^Onipleted, the Genepl Assembly is prorogued' sine <2ift Given under myii^Dd and seal, at H^ozville, J^ly'll, VJSS- WILLIAM BLOUNT. By the Governori " " •. ' Thomas H. WltWAMs, Pro Sec'y. j » 20 Estimate of the wages of the House of-'Bepresentatiyes, clerks -gnd door-keepers, at a session commenping June 29, 1796, and ending July 11, 1795,, alltjwing two dollars and fifty cents per day for each iliefflber and clerk, and two dollars for the door-keepers,, and two dollars and'flfty cents for every thirty miles'riding to a^d from the assembly, to the mefli^ers and clerks, also, their ferriages. ' . B.ays. Ferries. MiUi. ■Dolls. , Gents. Joseph Hardin, 13 . 2 160 45 16 2-3 Geoirge bijherty, 13 2 60 37 66 2-3 Williarn Coeke, ' 13 2 lOO 41 16 2-3 John Tipton^ 13 2 218 60 79 Leeroy Taylor, 13 2 200 49 32 2-3 James Ford, 13 4 460 71 63 Joseph M'MId, 13 , .2 170 46 99 1-3 Alexander Kelly, ■ '13 ' 2 25 34 74 2-3 Thom^Haidiman, 13 6 370. 64 7 Abraholm Ladders, 13 4 360 62. 16 Samuel Wear, 12 2 60 35 16' 2-3 George Rutledge, 11 2 . ■240 47 32 1^3^ John Beaird, 13 30 35 Baldwin' Haile, clerk, 13 , r,-.^.. 200 - 49 32 2.-3 Doi. for stationary aid ea ■ grossing; 36 Wm. Li Lovely, ilerk. 13 2 20O 49^ 32 2-3 Dp. for stationary^and en' ■ grossing, 35 R. Mynatj doorkeeper. ^ 13 26 Dollars, 816 74 2-3 Ordered, that the Honorable Speaker sigtl the Journal of this house, as the proceedings thereof, and that the cTei;k attest the same. ' JOSEPH HARDIN, S. H. R. Test BaUmn Hurle, C, H. R,» JOUEFAL OF THE PROCEEDINGS OF A CONVENTION BEGAN AND HELD AT KNOXVILLE, JANyARY U, 1736. KNOXVIIiLE: FBINTCD BY GEORGE ROULSTONE, 1706. NAgHVILI/E-y •• RE-FBINTED BY McEENNIE & BROWN, TRUE WHIG OFFICK 1^52. OBDERGD TO BE BE-FRINTED BT THjg GENERAL ASSEMBLY i'' - ' ' '• ' ■ OF THE STATE OP TENNESSEE, OF 1851-2. J Oil El AL OF THP PROCEEDINGS ot a CONVENTION, began and held at KnoxyiLLE, on the eleventh day of J a h ti a r t, one thousand seven huw drei and riinely six, for the purpose o'f forming a CONSTITUTION, 0^1 FOR^or GOVERNMENT, for tte,permanent government of the .People. niHE ^following .members appeared, prodaced tbeir^e^efd^ntials, and took * I their seats, to wzV. ,, V David CrsMg) James Greonaway, Joseph Blaqk, Satnuel Gla,ss, frottl tfa| county o! Blount. ' , ; - , John- M'I|r airy, AndreW Ja,ckBon, J^iikies RobertBon, Th'onias Hardemata, J(iel Lewie, from the county of; Z)a?ii(2spn. . , Samuel Frazi'er, Steghen Brooks, WUliantRajikiii, JohaGalbreath, Eli- sha Baker, from the couiity of Greene, w. James Bg'rry, Thomas H«ndecspn, Joseph JH'Mitifl, William Cocke, Richard Mitchell, from the county of Mifw^tfi(. -Alexander Outlaw, Joseph 'Ajiderson^ George Dohprty,Uames Roddye, Archibald Roan, from the c6unty of Jefferson'. \ William £lon|it, Jamgea White, Charles M'Clung, John ^dair, from ^le county of ,ir«oa?. ,, , , ^ * 0eorge Rutledge, William C. -C. Claiborne, 'John S((elby, j«n. John Rhea,,ilichaTd Gammon, from the county of SuUivan.: . Peter Bryan, Samuel Wear, Spencer Clack, J&hn Clatk, Thomas Bnck- enham,.froin,the county of 'Sevier,^ ' , Thomas Johnston, J^mes Ford, William Fort, Robert Prince', William Prince, froni the county of Tennessee. ' Landon Carter, John Tipton, Leeroy Taylor,, James Stuart,^ Samuel Handley, from th/? county of WashfTigton. , :i^^- The house pro(Je'eded' to the choice of" a presidenl;, his excelldncy Wil- ' liam Blount was unanimously chosen, and conducted ^to the chair. t^0( The house then proceeded to the election of a secretary ;. William Slac- lin was iinanimously chosen, ■ i , ■ % Also, to a reading and engrOssiDg clerk, when John Sevier, jun. was ^elected by a mfijority of the houqe. ''^ Then to the appointment of a door-keeper, and chose Johnlljea. On motion of Mr. White, seconded by Mr. Roddye, Ordered, that this Convention commence to-morrow with prayer and a sermon, to be deliver- ed by the Rev. Mr. Carrick. On motion of Mr. White, seci^dedby Mr. Carter, Ordered, that Messrs. White and Adair have leave of absence to-morrow. On motion of Mr. Robertson, secdnded"by Mr- '^Port, Resolved, that a committee be appointed to report what rules are necessary to be observed in doing business during the session of ConvenUon ; and that Messrs. An- derson, M'Nairy, Tipton, Claiborne, and Johnson compose the same. Adjourned till to-morrow 10 o'clock, a. m. TUESDAY, JANUARY 12, 1796. Met according to adjournment. SEVERAL' members from Sumner,' wa. David Shelby, Isaac Walton, Daniel Sinith, William Douglass, and Edward D'Ouglfiss, appeared, pro- duced their credentials, and took their seats. Mr. Tipton,' from the commiitee appointed to report -what rules are ne- cessary to be observed in doing bnsines^.during the session of Convention, reported as follows ! , ' "' I. When the President is in the chair, every member may sit in his place with his head covered. ,«II. Every member shaU come into the bouse uncovered,' and ^hall continue so at all times, biit when he sits in bis place. Illi The President having taken the chair, anda-majority of the members being present, the Secretary shall read the journal of the prece- .ding day, in order that any mistake may be corrected, that may have been made in the entries. IV.' While the journal, or public papers are reading, or when any member is speaking, there shall bene i|iterruption'; noi^ shall any member read any printed paper, but the "attention of the Conventidn is ex- pected. ' ' V. Every member, when he speaks,-, ahall, staiiding in hjs, place, address bimsejf to the President or Chairman, as the case may be, who shall give his attention by naming, the members. . VI. If two or more members rise to speak at the same time, the President shall determine which shall speak first. VII. .When any motion shall be before the house, anfl not properly under- stood, the President' may explain, but shall not attemj>t, in such ex- planation, to sway the house by argument or debate. Vni. A member digressing from the subject, or using personal observations ' or reflections, may be called to order by the President, Chairman, f or any member of the house. IX.' All motions to be committed to writing, and seconded, and handed to the President, before the same can be considered in possession of the house, except a motion, of course. 5 ■ X. No' question shall be put upon a motfon, unless feecpnded. XI. No member to speak more than twice, without leave, of the house., to the same question, unless in a commjttee of the whole. v , XII. When a question is before the ConventonJ no motion shall be reoeiy- ' ed, unless for an amendment, for the previous question, or to com- init, or to adjourn. Xni. On motion, any member fchall have theprivMegeof enteringhiadis- slsnt/aga.inst any of the proceedings of the house r and the yeas , and nays, on any que;stion, shall be taken and entered on the jour- nal, on motion for that purpose made and seconded.- XIV. No member to depart the service of the hoea,, resolved,,, that two members be appointed to oontraot with the Printer, to print the propeed- ings of the convention, and Mr, Roddye jaiid Mr. Robertson were appoint- ed for that pnrpPse. , . , ~ , , Ordered, that Messrs. Craig and JBelry have leave of absence till Mon- day and Mr. Jtutt^dge till Tuesday. ■ Mr. Doherty, Chairman of the committee ofprivileges arid' elections, reported^ that theyjiave examined the Returns from the counties of pjount, Da vidsoUj Greene, Jefferson, Knox,- Seyier, Sumner, Sullivan, Washing- ton, and Tennessee^ and are of opinion they are satisfactory. The committee are also of opinion, that the certificates of elections of :-8 Messrs. M'Minn, Cocke, Berry, and Mitchell from the county of Hawkins are salisfaclory. They also find, from information of James Berry, esq. that he was pre- sent at the close of the election for the county of Hfiwkins, and heard the presiding officer of said election, proclaim, that Thomas Henderson, was duly elected to represent the said county ; and therefore are of opthion that the said Thomas Henderson has a right to hold his seat as a member ef this convention, which report being read was concurred with. Adjourned tillMonday 10 o'clock, a»'m. MONDAY, JANUARY IS, 1796, Met according to adjournment. ON motion of Mr. Roan, seconded by Mr. Rutledge, resolTOd,that the committee appointed to contract with the Printer be directed to proceed no farther on that bnsi'nesB, and that an estimate be made of the ezpences of printing, be laid before the next General Assembly. On motion of Mr. Roan, seconded by Mr. Carter, resolved, that it shall be the duty of the President or Chairman to call gentlemen spectators, ap- pearing anions ^^e members, vrhen in session, by naiti^, and to desire them to .withdraw lo t1i)e seats assigned them. . The convention having under consideration the bill of rights, to be pre- fixed to the constitution, a motion was made by Mr, Jackson, and seconded by Mr. Anderson, that the .thirty-first section of the bill of rights be amend- ed, by inserting ' and the right of soil,' immAdiitely after ' sovereignty.'— This proposfed amendment wks objected to ; where >upon the yeas and nays were called fot by Mr. Jackson, and seconded by Mr.' Anderson, which are as follows, to -wit : YEAS. Messrs. Frazier, Brooks, Jackson, Hardeman, Barry, Outlaw, Anderson, "Doiierty, Roddye, David Shelby, William Douglass, Bryan, Wear, John- ston, Fort, Ford, Robert Prince, William Prince, Handley, Galbreath and Taylor. NAYS. Messrs. Crai^, Greenaway, Black, Houston, M'Nairy, Robertson, Lewis, Rankin, Bakei;, M'Mlnn; Hpndersoli, Cocke, Mitchell, Roan, White, Blount, M'Clung, Adair, Crawford, Rutledge, Claiborne, John Shelby, Jun., Rbea, Walton, Edward Douglass; Smith, Spencer Clack, John Clack, Bucking- ham, Tipton, Cartel, Stuart; and Glass. On motion made by Mr. Outlaw, and seconded by Mr. Claiborne^ re- solved, that the convention resolve itself into a codmiltee of the whole coi^vention, to take under consideration whether the legislature consist of two houses. The convention resblved itself into a commiltee of the whole, accordingly, and chose Mr. Robertson, Chairman; andT after some time spent therein, Mr. President resumed the chair and Mr. Chairman reported that the committee had gone through the business refered to them,' and are of the opinion that the legislature ought to consist of .two houses. Mr. Anderson moved and was seconded by Mr. Brooks, that the part of the thirty-first section of the bill of rights immediately after 'sovereign- 9 ■ty,' be struck out, antF 'insert in ]!ue ' and right o{ soil so f^ir as js consis- tent witb the* constitution of the United States,' recognizing tbe articles of confederation, the bill of rights ^nd constitutioti of North Carolina, the cession act of the said < state, and tjie Ordinance of the late Congress, fi^ the government of the Territory North-West of the Ohio ;, provided, no- thing herefin contained shall extend to effect the claim or claims of individ- uals, to'any part of the soil which is recognized to them by the aforesaid cession act,' which was unanimously agreed to, On motion by Mr. M'Nairy, and seconded by Mr. Cocke, .resolved^ that the (tonventioD re^plve itself into a committed' of the' whole Convention, to ■ take un;^er QonsideratioiTWhethei^ the two branches in the legislature shall consist of equal nOmbers and 0f .equal powers, and if the whole numbers elected should be odd, then by ballot to determine to which house the odd member belongs . ■ The convention resolved itself into a committe'e of the wbote according- ly, and chose Mr. Robertson, Chairman, and after some time spent therein, Mr. President resumed the chair> and Mr. Chairman reported, that theieg- islative power be vested iti two houses of equal numbers and equal powers. Adjourned till to-morrcw, 10 o'clock, a.m. TUESDAY, JANUARV 19,, 1796. Met according to adjournOieht. Mr: Roan moved for leave and presented' a petition from sundry persons, suggesting sevej^l clauses which they wished to be inserted in the consti- tution ; which was read and referred to the c.ommitlee appointed to draft a constitution. ' . . Ifc Cocke moved, and was seconded by Mr. Lewis, that t^e convention con^ with* the report of the" comiwitteff who h^d under consideration whether the legislative power consist of tjvo branches, of equal uiimbei-s and of equal powers. - j? • Mr. Outlaw moved, and vvas secpaded by M'- Berry, that the above question be postponed ; whjoh was agfreed' to. ' ' On motion ofJMr. M'Nairy seconded by Mr. llKea, the convention re- solved itself into a committee of the whole convention, to recopsider the report, of the committee, of yesterday to wit: . ' "' '•■' That the legislative power be vested in two houses of equal numbers and powers, and after some tame ,spent therein, Mr. President resiifned the chair, and Mr. Robertson, Chairman of the committee, reported, that the committee had according to order reconsidered the said re'port, and'iiaade several amendments thereto, which he delivered in at ihe'Secretary's ta- ble,»where the same was read as follows, in lieu of the words, ' two houses ' insert ' o;ne house of representatives ;' and that no bill or resolution shall be passed unlgjES by two thirds of the whole number of members pre- sent. , _ On motion of Mr; Rhpa, seconded by Mr. Claiborne, the convention con- curred in the said report- - ■> Mr. Coolie moved, and was seconded by Mr. Henderson, that the order 10 for appointing a committee! to draft a cotisdtDtion be I'esoindgd, Undthata less number be 'Appointed for' tbat purpose, which passed in the negative. Adjourned till to-morrow, 10 o'clock, a.t)i. WEDNESDAY, JANUARY 20, 1796. Met acc|ording to adjournment. On motion of Mr. 'Roddye, seconded by Mr. Fort, the conve^ition le- ;Eolved itself into a committee of the whole convention, to recoQsjder ' the report of committee of. yesterday, to wit, that the; legislative, power ' be vested in a house of representatives, and that no bill or resolution shall be passed unless by two thirds of the whoTe number of the members present: and after some tim^ spent i therein, Mr., President resumed the chair, and Mr. Erobertsoni Chairman of the committee, reported, that the committee had according to brder re-coneidered the said report, and made several amendments 'thereto; which are as follows -. That in lieu of a house of representatives, the legislature shall consist of two branches, a senate and house of rep'resentatives, organized upon the principles of the constitution of North Carolina, to be elected once in ^wo years ; and that the members of each hoiise be elected by the same electors, and that the qaaliiicatioQ of the members of each hbusQ be the same, nntil the next enumeiratiqn of the'^people of the time to- complete the eamd, desired leave tO'Sitagatn to-morrow. ♦ • • < Oi'dered, that the committee have leave to eit again to-morrow. Adjoiiriied till to-morrow lO o'clock, a. m^ ' FRIDAY, JANUAKYS^i 1736. ,, Met aci$oiidingtQ,adjournment. ' ' ' , .,_' , The prder of the. day &>*' taking under further oonpideration the draft of a, constitution^ being, called. for, the conventioA: rosolveditself- int? appm- imtte0 oil ti^Si wbol6, to ta^e under further consideration the draft of a cod- 12 ' . stituCion, atvl after some time spent the^rein, the committee rose. The President b^ing absent, Mr. Smith was appointed President, proiemporfi, and took the chair ; and Mr. Robertson, chairman of the comthittee, re- ported progress, and desired l^ave to sit again to-morrotw. - Ordered, that the committee haye lekve. Adjourned till to-morrow 10 o'clock, a, in. SATURDAY, JANUARY^ 30, 1796. Met accoirding to adjournment. The order of the day for taking under further consideration the draft of a constnutioa being called for, The^nvention resolved itself into a committee of the whole,, to take UD jei" further consideratiipn the draft; of a constitution, and after some time spent therein, Mr. Presiileqt, jn-o ^em^ore," resumed the chair, and Mr. Ro- bertson, Chairman of the committee^ reported, that they had gone through th^ business refered to tjiein and delivered in at the secretary's table the- following : WE, the People of the Territory of the United States south of the river Ohio, having the right of admission into the general government as a member state thereof, consistent with the constitution of the United States, and also the act of cession of jthe state of North Carolina,. lecogniz- ing the ordinance for the government of the teri-itory of the United States' north west of fhe river Ohio, do ordain and establisb the following consti- tution, or form of government ; and do mutually agree with each other to form ourselves into a free, sovereign, and independent state, by the name of The S JS^^c. 21. Any member Of either house ,^f the genera:l assembly,'shall have liberty to dissent from, and' protest against any act or -resolve which . he maythihk injurious to tjhepublic, or' Elny individual,; and have the rea- sons of his dissent;entete^!onithe journaj?. Sec. 22. All lands held in this state, by deed<'or grant, shall be faxed eq,ual~and uniform, in s'uob manner, thfil no one hundred' acres shall be taxed higher thai^another, except town lots, and no town lot or free man, shall be taxed higher than one j^nndred acres,, and no slave higher than two hundred acres of lapd.for each.poll. ARTIQ^E 11. Sec. 1, The supt'eme executive poWer of this state shalt be vested^ in a jgoverhor. > ' SEd7 2. The governor shall be chosen hy the'eleetors of the membersr of the general assemblv, at the times and places where they shall respec- tively vote for. the niefflberSf thereof. The returns of eveVy electiett for governor shaU be sealedup, and transmittsd tb-the seat of government, By the returning dCSderSj directed lothe speaker of the senate, who shall opeo' and publish.them in the presence o^, a majority of the members of- both housed of the gefneral assembly. The pgr^on having the highest number of votes, shall be governor ; but if two or mor^ shall be equaF, avd highest- in Votes; one of them shall be chosen governor, by jbint'* ballot of- both houses of the general assembly. Contested diectionsjor governor, shall be'determined by both houses ot the geiietal assembly, in each manner as shall be prescribed bylaw. ' ' i$£c. 3. He ^hall be af least thirty years pf age, and posseea a freehold 15 estate of five linndred acres or land,- and have been a citizen or inliabitant of this state four years next before his- election, unless he shall have been absent on the public business of the United Staties, or of this state. Sec. 4. The governor shall hold his oifioe during the term ofAwo years, from the fourth Tuesday in Septembernext ensuing his election, Sec. 5. No memher of congress, or person holding any office -under the United States, or this state, shall execute the office of governor. Sec. 6. He shall be commander in chief of the army and navy of this state, and of the militiaj except when they shall be called into the service of the United States. : < , - Sec. 7. He shall have power to grant reprieves and pardons, after con- viction, except ill cases of impeachment. '< Sec. 8. He shall, at stated times, receive a compensation for his ser- vices, which shall not be increased or diminished during the period for which he shall have been elected. S£c. 9. He may requirerinformation, in writing, from the officers in the executive department, upon any subjept relating to the duties of their res- pective offices. '"' SlEc. 10. ■ He may on extraordinary occasions, convene the general as- sembly, by proclaniation, and shall, when met, state to them the purpose for whicli they shall have been convened. Sec. U. He shall take care'that the; laws sha^ll be faithfully executed^ Sec. 12. Incase of his death, or resignation, or removal from office, the speaker of the senate shall exercise the office' of governor until another '^goveindr shall b^e duly qualified ; and if the trial of a contested election shall continue longer than the fourth Tuesday of September, next ensuing the election of governor, the governor of the last year, or the speak'er of the senate, who may be in the execution pi the supreme executive autho- rity, shall continue therein, until the deterniination of such' conte&ted elec- tion, and until a governpr shall be'qualified as aforesaid. ' , c-. Sec. 13. A secretary of this Statcsball be appointed and commissioned during the term of foijr years. He shall keep a fair register of all of- ficial acts and proceedings of the governor; arid shall, "when required, lay the same, and all papers, minutes, and vouchers relative thereto, before the gengral assembly, and'shall perform such other duties' sis shall be En- joined pn him, by law. Sec- ,14. The governor shall, from tira'd tdtime, give to the general as- sembly informatibn of the state of the government,and recommend to their consideration such measures as he shall fud^expedierit. Sec 16. When any officer, the right of whose appointment is by this coBSlitution vested'in the general assembly, shall,-;; during the recess, die or his office by other means become vacant,'the governor shall hive power, to fill up such vacancy by granting a temporary commission^ which shall expire at the end of the next session of the legislature. ,^v*'* 'Sec; 16. There shall 6e a seal of this state, Svliich shall be kept by the jgovernor, and used by him as occasion may require, and shall be called the great seal Of the state of Tennessee. Sec. 17. All grants and commissions shall be in the naitte and by the authority of the state of 'ffedijiessee, and bese'aled with the state seal, and ' signed by the governor, .^ .-'i; , '9 16 , , ARTICLE III. Sec. 1. All freemen of the age of twenty one years and upwards, pos- sessing a freehold in the county where he may vote; and being an inhabi- tant of this stale, and all freemen, who hav« been inhabitants of any one ' county within the state six months immediately preceding the day of elec- tion, shall be entitled to vote for members of the general assembly, for the county in which they shall respectively reside. ^ Sec. 2. Electors sball in all cases, except treason, felcyiy, and breach of the peace, be priviliged. from arrest during their attendance at elections, and in going to and returning from them. Sec. 3. All elections ehalLbe by ballot. . • , Sec. 4. Balloting, by the people, shall be conducted undtir the inspec- tion of two justices of the peace, to be summoned by the sheriff for that purpose ; and that no ticket shall be counted, unless it contains as many names as there are persons to be elected. ARTICLE IV. Sec. 1. The- house of representatives shall have the sole power of' jm- peaehment. ... Sec. 2. All impeachments shi^U be tried by the senate. When sitting for that purpose, the senators shall be upon oath or affirmation. Seg. 3. No person shall be convicted without the concurrence of two thirds of the members of the whole house. Sec. 4. The governor, and all civil officers under this state,- shall be liable to impeachment for any misdemeanor in office ; but judgment, in such casesj shall not extend further than to removal from office, atfd dis- qualification to hold any office of honor, trust, or pVpfit under this state.^ — The party shall, nevertheless, in all cases be liable to indictment, trial, judgment, and punishment, according, to law. ARTICLE V. Sec. 1. The judicial power of the stajt« shall be vested in a Superior court, which shall coiisist of three judges ; in a court of pleas and ses- sions, and in, such other courts as the legislature may, in future, conceive necessary to be established. Sec. 2. The judges of the superior courts of la\y shall, besides the power with which, as a court of law, they shall be vested, also have the power of a court of chancery ; but the legislature may, when the finances of the state will admit, divest the" judges of the superior courts of law, of their e.quity jurisdiction, and constitute a court of chancery with all the powers incident to such court, and appoint a chancellor or chancellors for the state. , Sec. 3. The judges of the superior courts, sh^ll by, virtue of their office, be justicesof oyer and terminer and general, gaol delivery, through- out the state. Sec. 4. The jiidges of the superior and inferior courts, which are now, or hereafter shall be established by law, shall not charge juries with respect to matter of fact, but may state the testimon;^'|ind declare the law. Sec. -5. The judges of the superior courts shaH have power, in alt civil cases, to issue writs of txrtioi'ari, to remove any cause, or a transciipt 17 therepfj-frotn ^Tiy inferior jurisdietion into tho superior court, on sufficient cause Eopport'ed by affidavit. *^., Sec. 6. No judge shall sit on tlie. trial, qf any cause wliere tjie parties shall be connected with' him, by affitiity or consanguinity, exfiept by cog- sent of parties. That in case all the judges of the superior court shall be interested' in (he event, of any cause, or related to all or either of the par- ties, the governor of the state shall in such case specially commission three men, of law knowledge, for the determination thereof. Sec. 7. All writs and other process, sliallrun. In the name of the stale of Tennessee ; and bear test, and be signed by the> respective clerks. In- dictments, shall conclude. Against the p&tae and dignity of the state. Sec. 8. Each court shall appoint its D- tained, and every other right not hereby delegated, is excepted out uf 'the general powers ef government, and shall foi<«ver remain inviolate. Sec. 4- That whenever two thirda.of the general assembly shlJiH think it necessary to amend or change this constitutiont they shall recommend to the electors, at the next eleetioa for members to the general assembly, to vote for or against a convention ; and if it shuU appear that a majority of all the citizens Of the state, voting for representatives, have voted for a convention, the general assembly shall, ^t their n^xt session, ce^U a con- veBtion^ to. consist 'of as many members as there shall be in thd general assembly to be chosen in the same manner, at the same places^ at the sime time and hy the same ele^ors, that chose the general assembly, who shall meet within three months after the said eleottoa, for the purpose of revising, amending or changing th^ constitution. ■ ^ SCHEDULE. That no inconvenience may arise frpiji a tettiporary to a permanent goy- ebniiient, and toprevent any chasm in 'the change, it is decli^r^ that ^l- rights^ actions, prosecutions, claims, and contracts, a^ well of individuals as of bpdies corpprat.e, ^h's^ll pqntit^u^, as if 90,c.hA,nge had ta,^en place in tlie administration of goyemm^pt, ., The goveriior^ secretary, judges and brigadiers general have a right, by virtue o'f their appointments, under the authority osf the: pnited SUtes., to continue in the exercise of the duties ftf their resspectijfe offices, itj their several departments, until the day njf , , • All officers, civil and military, vrhp have l^^en appointed by the governor, shall continue to exercise their respQctiye offices (iptil thQ day of . , Adjoijrnejl tJl Monday 10 o'filock, A. M. zo MONDAY, FEBRUARY 1, 1796. Met according to adjournment. MR. M'Minn moved, anJ was seconded by Mr. Mitchell, that the bill of rights be read for the last time, which was objected to ; and the question being put, it passed in the negative. It was th&n moved by Mr. Rhea, and seconded by Mr. Carter, that the convention proceed to take under consideration the constitution, asjeport- ed-by the committee of the whole convention, which was unanimously agreed to. Mr. Rhea moved, and was seconded by Mr.. Mitchell, that the blank in the second section of the first article, for the first election of members of the general assembly, be filled- with the word,' March.' • . Mr. Robertson moved, and was seconded by Mr. . Cocke, that the above question be postponedi, vchioh was determined in the afBrmative. It was then moved by Mr. Outlaws and seconded by Mr. Anderson, ■whether it is the sense of this house, that if we should. not be admitted by Congress as a member state of the general • government, that we should continue tq exist as an independent Mate. Mr. Cocke then moved, and was seconded by Mr.- David Shelby, that the above question be postponed, which was objected to ; the question was then put; and carried in the affirmative. Mr. Fort then moved, and was seconded by Mr. Carter, that the blank in the second section of the first article for the^rst election of members of the general assembly, be filled with tlje word ' March,,' which was agreed to.. It was then moved l^ Mr, Rhea,, seconded by Mr. Roan, that the blank for the second election be filled with ' August,, 1797, ' which was agre,ed to. On motion of Mr. Rhea, seconded by Mr. Houston^ Resolved, that the 'bknfc.for the commencement of the first general assembly, be filled with the >ords ' last Monday of March next, ,' Mr. Rhea moved, and was seconded by Mr. Lewis, that the blank for the commencement of the second session of the general assembly be filled With the words ' third Monday of September, 1797, ' which carried in the affirmative. Mr. John Shelby 'moved, and was seconded by Mr. Claiborne, that the I7lh section of 'the fli'st article be stricken out, for the purpose of insert- ins the following : ' That the legislature of this state shall not allow the fblldwiqg officers Of government greater annual salaries than is as fol- lows, untfl the year 1804,- to wi^. ' ' The gbvernftr not mbre than 760 dollars. The judges of the supreme court, not more than 600 dollars. The Secretary not more than 400 dollars. . The treasurer not more than two and an half per cent for receiving and paying out all monies. No member of the general assembly, per day, shall receive more than two dollars, and the same for every thirty miles to and from the as- sembly. ' It wasjithen moved by Mr. Anderson, and seconded by Mr. Outlaw, that the above question be postponed, for^the purpose of bringing forward the 21 following : ' The salaries of the several officers of government frhall be as follows, until the year 180p, viz. , The governor, 800 dollars. The judges of Bupefior court, 700 do, y h The secretary, 400 do. Members of the general assgrmbly, per day, 1 dollar and 75 cents. ^ The treasurer two and an half per cent, for receiving and paying out all monies, ' which passed^ in the negative. Mr. Walton then moved, and was seconded by Mr. D. Shelby, that the original motion be pqatpooed, for the purpose of bringing forward the . fpU lowiilg: 'The< salaries of the several officers of government shall not be altered by the legislature so as to exceed the sums hereinafter enumerated, prior to the year 1804, to wit: To the governor, 700 dollar^ per annum; to each of the judges of the superior court, 600 dollars ; to the secretary of state, 400 dollars ; to each member of the legislature, 1 dollar and' 50 cents, per day, and the same f&r every t\tfenty fiv? triiles:he travels in going to, and returning from the general assembly ; to .the treasurer two and an half per cent ; ' which passed in the negative. The first question was then called for,' put, and carried in' the affirmk- tive. ■ ' It was then moved by Mr. Roddye, and seconded by Mr. D. Shelby, that tli)e words ' two dollars ' be stricken out, to insett ' one dolla,r and seventy five cents ;' w.hich passed in the neg^ive. „ . . : Mr. Walton moved, and was seconded by Mr. D. Shelby, that the words ' six hundred dftUars to each judge, ' be 8t-rif the , fifth article, to wit: 'judges of the superior courts shall receive no fees or perquisites of of- fice, other than is allowed bythis eoDstitution, or by law, nor hold any oth- er office of trust or profit under this state, or the United States, ' which was determined in thp Affirmative. Mr. Claiborne moved, !Hid was seconded by Mr. Cocke, that the first seption of the eight article be struck out, which was objected to^ where- upon the yeas and nays were called ;for by Mr. Handley, a.nd Seconded by Mi*. Galbreath, which are as folio w^ : , /' YEAS. M«sers. Jficksott, Robertson, Frazier, Rankin, Galbreath, Baker^-Cocke, OutlaVv, Doherty, Roan, White, Adair, Crawford, Rutl^dge, Claiborne, Walton, Edward Douglass, Bu'ckenhara, William Prince, Tipton, Henley, Taylor, Carter, and Stuart, - / ' NAYS. , ' Messrs. Craig, Greenaway.,.BIack,' 61i(ss>, Houston, M'Nairy, Harditnan, Lewis, Brooks, Berry; M'jyiinn, Henderson, Mitchell, Anderson, &,pddye, Blount, M'Clung, Gammon, Jbhn Shelby, Rheit, D^vid, Shelby, William Douglass, Smith, Bt-yan, Wear, Spencer plack, John Clack, Johnston, Ford, Fort, and Robert Prince^ ' . , ' Mr. Carter moved, and was seconded by Mr. Jackson,- that the words at any time hereafter, under any pretence or description .)jirhatevei' be eli- gible to, or capable of holding any civil or military office, or place' of trust within this state,' in the first section of the eighth article, be struck out, for the purpose of inserting the Mlowing ; ' be eligible toia seelf, in either- branch of the legislature ;, Which' carried in the affirmative. Mr. Doherty moved, and seconded by Mr. Roan, that the following be inserted as a section in the oonstitation : * No person who publicly denies the being of a God, and future rewards and punishments, or the divine authority qf the old and new testaweiit, shall bold any office iji the civil department in this state ; which was agreed to. Mr. Carter then moved, and Was seconded by Mr. Mitchell, that the words 'or the divine authority of the old and new testament,' be stracjc out, which was oty'ected to; whereupon the yead and nays were called for, 24 by Mr. Doherty, and seconded by Mr. Spencer Clack, wMoh are as fol- lows ; YEAS. Messrs. M'Nairy, Jackson, Robertson, Hardiman, Lewis, Berry, Hender- son, Cocke,* Mitchell, Outlaw, Blount, M'Clung, Claiborne, J. Shelby, Rhea, J). Shelby, Walton, W. Douglass, G. Douglass, Smith, Bryan, Buckingham, Eord, Fojl, R. Prince, Carter, and Stuart. NAY?. Messrs. Craig, Gr^enaway, Black, Glass, Houston, Trazier, Brooks, Rankin, Galbreath, ' Baker, M'Minn, Anderson, Doherty, Roddye, ROan, White, Adair, Crawford, Rutledge, Gammon, Wear, S. Clack, J. Clack, Johnson, Tipton, and Taylor. Oh motion of Mr. Johnston, seconded by Mr. Cocke, Resolved, -that the order for the President to adjourn the cdnvcntion at three o'clock, be re- scinded. Adjourned till to-morrow,^ 10 o'clock, a. m. WEDNESDAY, FEBRUARY 3, 1796. Met according to adjournment. Mr. Adair moved, and was seconded py Mr. Crawford, "that the fii^t sec- tion of the tienth article be struck out, for the purpose of inserting the following: 'Knozville shall be the seat of gofernm^nt until the year one thousand eight hundred and four ' — which was agreed to. Mr. Jackf^on th%n moved, and- wd.s seconded by-Mr. Lewis, that the word ' fout ' in the above mentioned section, be struck out, and the word ' two ' inserted in.lieu,which was agreed to. Mr. Anderson moved, and was seconded by Mr. Stuart, that the first blank in the schedule be filled with the words ' government under the au- thority of this constitution shall be organized.' ' Mr. Rhea then moved, and Was seponded'by Mr. Carter, that the above question be postponed, which carried in the affirmative. It was then rnoSred by Mr. Rjiea, and seconded by Mr. Carter, that the first blank in the schedule be filled as follows ; ' said officers are superceded under the auth^irity of this constitiition,' which was determined in the af- firmative. , Mr. Port moved-, and was secondecliby Mr. Black, thatthe second blank in the schedule be filled as follows : ' second Monday in June, and until successors in office shall be appointed under the authority of this consti- tution, and duly qualified ' which was carried in the affirmative. Mr. Fort moved, and was^ seconded by Mr. Rhea, that thfe following be inserted as a section in the schedule ; ' Thatthe next election for repre- sentatives and othfix officers to be held for the county of Tennessee shall be held at the hou^e tjf William Miles,' which was carried in the affirma- tive. On motion of Mr. Carter, seconded by Mr. M'Clung, the engrossed copy of the bill of r,ights was' taken up, read and passed. On motion of Mr. Rhea, seconded by Mr. Jackson, Resolved, that the M* 25 resclntion entered into far prefixing the bill of rights to the constitation, be reHcinded. . ■ , . It was then moved by Mr. Rhea, seconded by Mr. Boan,. that the bill of rights be made the eleventh article (rf the eonstituti'onj which carried in the affirmative. , ' ' Mr. D. Shelby moved, and was seconded by Mr. W, Dotiglass-. that the first section of the first article lie strnck out, for the pui'pose of insei'ting the following : ' The legislative authi6rity shE^ll be vested in a general as- sembly composed of two distinct branches, both dependant on the people, to wit: A senitte, to consist 9f one member, and a house of representa- tives of two members for each county until the end of the second session to be held under the constitution ; and after that period representation shall he regulated according to numbers, to be apportioned by la^ upon such ratio as that the number iof senators and representatives rietaining 't4ie principle of two representatives to one senalor, shall not exceed thirty- nine until the number of free white persona shall be two hundred thousand, and after tha:t event upon such' ratio as that'the whole number'of senators and representatives shall never exceed sixty. Mr. Rhea then moved, and was seconded by Mr. Mitchell, that the above question be postponed, which was agreed to. , On motion of Mr. Rhea secoiided by Mr. Carter, resolved,' that a commit- tee of three be appointed to draft the first section of the first article, and ihat Messrs. Anderson^ Shelby, and M'C3uO^<>compose the same. ' Mr. Coirke moved, 'and was seconded by Mr. Ja^k^on, that the fourth , secflon of the first article be struck out, for the purpose of insertfng the following ; ' that no person shall. b§ eligible to a seat in the general assem- bly who has not resided three years in this state dnd one in me coun- ty immedfately preceding the election, and shall possess in his own rigiit in the county which he' represents, not less than two hundrfd acres of land and sh^ll have. attained to the >age of twenty one years, which was agreed to. - Mr. Jaekson moved, and was seconded by Mr. Robertson, that the eighth section of the first article be amended by striking out the latter par.t of ft, from the word, ' pieseflce,' which carried irt.the affirmative. Mr. Outlaw moved, and was seconded by Mi. M'Minn, that the twelfth seclionof the first article be amended, by iil^erting the following, to wit: Bills shall originate in either house and pass both hotises the first reading for information, and. shall also pass both bouses the second time for debate and amendments, and shall pass on for the third reading, and if on the third reading, the bill passes the house it originates in ; and is rejected in the other, then and in that case, th^ house that the bill originated in shall convene themselves into the housethat rejected the bill, and after fairly in- vestigating the same, tlie bill shall pass or notpassby a majority, of the whole, of both houses so convened ;' which passed in the negative ; where- upon the yeas and nays were called for by Mr," Outlaw, and- seconded by Mr. Doherty, which are as follows : „. 'YEAS*. -■ ^\ '- Messrs. Craig, Greenaway, Glslss; Houston, M'Nairy, Hardimiin, Frazier) Rankin, Galbreath, Baker, M'Minn, Outlaw, Anderson, Doherty, D. Shelbyi S. Clack, J. Clack, Buckingham, and Hanley. i**- " 26 NAYS., , . ' Messrs. Black, Jackson, Robertsdn, Lewis, Brooks, Berry, Heoderson, Codje, Mitchell, Roddye, Roan, VVtite, Blount, M'Clnng, Adair, Crawford, Rtttledge, Claiborne,- Gammon, J. Shelby, Rhea, Walton, W, Douglass, E. Douglass, Smith, Bryan, W^ar, Johnston, Ford-, Port, W. Prince, R. Prince, , Tipton, Taylpr, Carter, and Stuart. • Adjourned till to-morrow 10 o^cjocsji a. m. THURSDAY, FEBRUARY 4, 1796. ■ Met according to ad|ournment. Mr. Anderson chairman of the committee,' to whom was referred the drafting of the first section of the first arti^cle, reported the following, to wit: , ' ARTICLE I. . Sec. 1. The legislative authority of this ets^te shall. be vested in a gen- eral assembly, which shall consist of a senate and house of retiresentativ«s, both dependent on the people. Sec. 2. Within three years after the firsj: nieeting.of the general as* Gently, and within every subsequent term of seven years, an enumeration of the taxable inhabitants shall. bS' made in suph rnanner as shall be direct- ed by la,w. The number of representatives iahall at the several periods of making such enumeration, be: fixed by the legislature, and apportioned among t|ie several counties according to the number of taxable inbabi^ts in eacb, and shall never be leas than, twenty two; nor greater than twen- ty-six, until the number ,of taxable inhabitants shall be folrty thouaand ; and after that evtol, at s)ich ratio that the whole number of repreaentativies shall never exceed forty. , i See. 3; The number of senatprs shall at the several periods of making ide enumeration before mentioned, be fixed by the legislature, and appor- tioned.among the di^triet3, formed as hereJA after direfcted, according to the number of taxable inhabitants in each, an4 shall never be less than one third, nor more than one half, of the number of representatives. Sec. 4. Thesenatpra shsill be cfadsen by districts, to be formed by the legislature, each district containing suph a number of taxable inhabitants ^a stiall ba. entitled to elect not more <:ban three senators.^ When a dis^ trjct shall ,be composed of t.vo or more counties, they shall be adjoiaiug, i^nd no county shall be divided in fuiming ,a district. SCHEDULE. Until thi^ first enumeration shall be made, as directed in the second sec- tion of the first article of this^constitution, the ^veral counties shall be respectively entitled to elect one senator and t 27 1 50 20 41 16 James Houston, 26 1 50- 45 40 5^' John M'Nairy, 'Davidson, 27 1 60 400 53 83 ^ Andrew Jackson, 27 1 60. 30O 63 16 Jame's Robertson, t 27 1 50 400 63 83 Thomas Hardiman, ■ * 27 1 66' 400 53 83 Joel Lewis, ■27 1 50' 400 63 83 Samuel Frazier, Greene, ' ' S7 1 60 ! 160 45 83 Stephen Brioks, 27 1 50 160 46 83 William Rankin, 27 ' 1 50 130 44 83 Elisha Baker, ,27 1 50 1?P .1 44 83 iJphn Galbreath, ' ; . 27 1 60 160 45 83, James Perry, Havikms, , ,27 1 so" 120 44 30 Joseph M'Min, -. '^' 27 1 50 160 4fe 16 Thomas Henderson, 27. 1 60 100 43 83? William Cocke, 27 1 60 100 43 83 Richard Mitchell, 27 1 So 140 45 16 Alexander Oatlajv, .^e^erson, r27 1 60 100;, '^' 43 83 Joseph Anderson, 27 1 60 100 'T 43 83 George Doherty, 27 1 50 60 43 60 Jaftjes Roddye, 27 1 50 109 43 83 Archibald Roane,, ';h< 27 1 60 » ' 90 43 60 James White, KnoXf 27 i'50 f^ 40 50 William Blount, 27 1 60' 40 60 Charles M'Clung, >27 1 60| !-Jti^ 40 60 i.jJohn Crawford, 27 1 50 |pn| 40 50 "John Adair, t~ 27 I 50 "S 37 60 .51 Georg^utledge, Sullivan, 27 $150 246 1 $48 50 William C. C. Claiborne, 27 1 fiO 190 46 83 Richard ^amnaon, John Shemy, jun. 27 1 60 230 48 16 27 1 60 260 49 16 John Rhea, 27 1 60 240 48 50 D.Shelby, Sumner, 26' 1 50 350 60 66 Isaac Walton, 2e 1 50 370 61 33 W. Douglass, 26 1 50 .360 51 Edward DouglasB, 26, 1 50. 360 51 Daniel Smith, ^,. 26 1 50 370 51 33 Peter Bryan, Sevier, 27 1 60" : 40 41 83 Samuel Wear, ^''•^ 27 1 5ff 60 42 50 Spencer Ciack^ '-\ 27 1 '60 60 42- SO ■fbhn Clack, ^,i .27 1 60 60 42 50 Th^oi^^nckenham, 27 1 60 40 41 83 Thomas Johnston, l Tennessee, 27 1 60 400 -63 83 James Ford, % 27 1 50 440 65 16 William Fort, 27 1 60 440 65 16 William Prince,^ 27 1 50 440 55 16 Robert Prince, 27 1 50 440 65 16 Jdhn Tipton, WasUngtoritji 27 I 50 218 47 76 Samuel Handly, 27 1 60 180 46 50 Leeroy TaxJ|)r, 27 1 50 192 46 90 i'Xandon Carter, 27 1 50 236 48 36 James Stuart, 27 1 50 200 47 16> William Maclin, secretary, t ', 27 2 60 ■ ' 67 60v Do. for stationary and en- gro^ing, •:, A 65 J. Sevier, jun. assistant, 27 2 60 67 50 John Rhea, door keeper, ' 27 2' ' 54 Do. for fire Vrood, candles, !*■ stands, &c. 22 60 James White, paid by him ' ^ . ift for seats for theconveii- k fl" •-" lion, ; ' 10 bo. 'for 3 1-2 yards oil ' "■ cloth. 2 62 Geo.;Roulstone, Printer,, •: 166 66 '••«f ^^ $3,007 03 Risolved, that it is the unanimous wish of the members of this conven- tionj that the monies appropriated to their use by law, and not by them re- ceived, may be appropriated byth^^^pral assembly to' the pdyment of the secretary, crerk, printer and door^epTr, or so much thereof as will \fo sufficient to pay.them for their services* and that the printer be directed to print fifty copies of the constitution, and ten copies of tlie journal for each county, to be d^ivered to the m^bers of this convention, and by them to be distributed for the information and benefit of the citizens. ^Mesdvedr that David Henleyjcsq. agent of the departuKnt^of war, is entitled to the tlisinkB of this convention, for his polite ofienof the room in 10 , rf 32 i which the session has been held, and that the- President be- requested to present him with the same. , On, motion, the en-grossedicopy of the constitution was readand passed unanimously. , I ©n motion of Mr. Rhea^ seconded by Mr. Johnston, Resolved, that the pilBBident of this convention be instrnsted to take the cunstitjition into his safe keeping, until a secretary shall be appointed and quai|i%d to office, undet it, and then to deliver it to him. On motion ot Mr., Rhea,, seconded by Mr. M'Mian, Resolved, that the pr^ideni be instructed to forward, as early as practicable, by an express, a copy of the constitution, t'9 the secretary 6£ state of the United States. Mr. Lewis moved, alid was secoiided by Mr. J. Shelby, thiii.t'ie above resolutioi) be amended by striking out the word express, which passed- in the' negative.' On mbtion of Mr. M'Clnng, seconded by Mr. Rhea, Resolved, ;thsit the thanks of this' convention be; given to the president for his, services during tha sitting of the same. On motion of Mr. Claiborne, seconded by Mr. M'Cliing, Resoiwed,. thai the thankg of this convention be presented to' Mr. N. S. H. Fourrlet for his patriotic services in engrossing the constitution. On n\otion of Mr, Mitchell, seconded by Mr. Stuart, Resolved, that the president of this' convention be authorised and. directed to issue writs of election to sheriflfe of the several counties, for holding the first election|Of members of the general assembly and governor, under the autiiority ofithe constitution of the state of Tennessee, to bear teste of this date. On motion, the convention adjourned sine die. WILLIAM BLOUNT, PSEsiDBSTi WILLIAM MACLIN, Secbetart. JOURIAL OP THE SfE N A T E OP THE STATE OF TENNESSEE, BEGHN, AND HELD AT KNOXVILLE, ON MONDAy, 'THE TWENTY-EIGHTH OF MAEOHj ONE THOUSAND SEVEN HUNDRED AND NINETY SIX. "4 , KNOXVILLE,: printed by george roulbtqne, frinteb to the state, 1796. NASHVILLE: R&PEINTED BY McKENNIE & BROWN, TRUE WHIG OFFICE. 1852. OBDEBED TO BE ,JlE-FRINTEO BY THE GENERAL ASSEMBLT OP THE STATE OP TENNESSEE, OP 1851-3. JOiJEIAL OF THE SEIATE OP THE STATE OF TENNESSEE. AT a senera.1 aesembly begun apd held at Kgoxville, the 28th day of M^rcfa, in the year of our £ord one ththis assembly. ^ /- . The returning officers of the following >iconnties certified, that tKe fol- lowing persons were duly elected to represent the same in this house, to wit : ■'. y- y Tennessee county, James Ford ; Sumner county, James -Winchester^; Knox county, James White ; Jeffergon county, George Doherty ; Greene* county, Samuel Frazier; Washington, county,- John Tipton ; Sullivan county, George Rntledge, .^^ Pursuant to which, the following membera appeared and were qualified, by taking the oaths prescribdH by the constituti^ of this state, for the qua- lification of menfibers of the general assertibly, to wit :; James Ford, James Winchester, James White, Geo. Doherty, John Clack, Samuel Pjazier, John Tipton, George Rutledge. -, Mr. White proposed' for speaker Janies WfbiiJ^ester, esq. whp was unanimously chosen and conducted to the chair. ' Resolved, that Messrs. Wljite, Doherty, Ford, Clack, and Frailer, be a committee of privileges and eTe^tions. * i2eso2ve4tthat the following rules of decorum be observed- during the Bitting of this house. . ' . 1. That no member shall pass' between the speaker and the person speaking. .3. Every member shall comeg^lnto the house with his head uncc(vered> - and shall continue'^eo at all Jimes but when he sits in his place. 3. T&e speaker having taken the chair, and a majority of the tnembers being present, the clerk shall read the journal of 'the preceding day, in order that any mistake may be corrected that (nay have been made in the entries. 4. While the.journal'Or public papers are reading, or when any mem- ber is speaking, there shall be no interruption, nor shall any member read any printed paper, but the attention of the members is expecte^f- 5. .Every member when^he speaks, shall, standing in his place, address himself to the apeBker.(oT chairman) as the case may be, who shall give his attention by naming the' memliier. 6. If two or more members rise to speak, at the same time, the speaker shall determine who shall ^peak first ■ , 7. When any motion shall be before the house, and not properly nnder- • stood, the speaker may explain, but shall not attempt, in any such expla- nation, to sway the house by argument or debate. 8. The speaker, with leave of the hoqse, ghall h^ve privilege to tpeak upon any subject proposed, agreeably to the riiles established by the bouse; provided, he speak before, the arguments are gone through. 9. A member digressing from the subject, or using personal observation or reflection,, may be called to order by the speake? or chairman, or any member of the hous4. 10. All motion's to be committed to writing and seconded, and handed to the speaker, before the same can be considered in the possession ot'the house, except a motion of course. ^ 11. No question to be put upon motion, unless seconded. 12. Ni> member to speak more than twice, without leave of the hoyse, to the same- question, unless in a committee of.the whole. ' >. ^13. When a QBestioii is before the house, lio motion shall be -received unless for amenoment, for t|ie previous question, or to commit or to ad- journ. 14i*No tnember to depart the service of the house without leave. 15. It shall be the duty of the speaker (or chairman) to call gentlemen JiSpeBtators, appearing among the members when in session, by name, to /^'desire them to withdraw to the seats assigned them. - \^ Adjourned' till to-morrow,<9 o'clock, A.M. ' ' TUESDAY, MARCH 2§, 1796. MET according to adjournment. . Mr.iAlexander Kelly, tb,e (hember.for Blount coulityappeared,;praduced his certificate, took the necessary oaths froAiiiis qualification, a.nd took,|iis seat. Francis A. Ramsey was -appointed clerk, and i^^thaniel Buckingham assistant clerk. Thbmas'Bounds was appointed door-keeper. Mr: White, from the committee of privileges and flections, reported as fdilows, to wit : >• The cpmmittee ol privileges and flections having taken under their consi- deration (he credentials of the following persons, James Ford, John Clack, Gecnsge Rnt.ledgS, John Tipton, Samnel Prazier, James White, George Doherty, and James Winchester, are of opinion they are satisfactory. And also, having' taken under our consideration thfe contest between Joel Lewis and James Maxwell, and having before us the certificates jpf the returning officers of Davidson county, dbreporf,ihat from the afoyesaid certificated of the returning officers df Davidson 'county aforesaid, are of opinion/ that Joel Lewis is the member duly elected to represent Davidson cojinty in the senate. ^J.. JAMES WHITE, Ch. • ' On motion, resolved, that the abpve report be concurred with. Pursuant, to which,, Mr, Lewis appeaired, was qualified and took hii seat. A message from the Hous^ of Representatives : Mr. Speakerand Crentfemen of the Senate, The House of Representatives is now formed and ready to proceed to the dispatch of public business. I Ordered^ that lb4 following; messages be sent to the House Of Represen- tatives : . ■ ^ . Mr. Speaker and Gentlemen of the House of ReprgsentMives, The senate is also constituted and ready to proceed .'j:o the dispatch of public Business, and propose to meet your house, at sUch time and place as -you ,|lay appoint, in ordei- ta open and publish th? returns of the elec- tions, from the severaVcounties for governor, agreeably to the p^onstitu'tion of this state. Mr. Speaker and Genilenieh of tTt^jflouse of Representatives, , We propose Messrs.- Doherty and Tipton, to act with, such gentlemen of your houle as you may appoint, as a committee of proprssitions atid griev- ances.' .. ' ' Recsived from the House of R,epresen(atives the following messages, to wit : • ■_*;. |,' ■ ■" '■ ' ' !^ ■ Mr. Speaker and Gentlemen of the Senate-, ' This house agree with yoij in the meeting proposed for examining the returns of the elections for governor, and propose to convene in the House of Representa\ives at half past 12 o'clock. Mr. Speaker and Gentlemen df the Senate, The House of Representatives have proceeded to appoint aacomraittee of finance, on the part of this house, to act itt'' conjunction' with such .of your body as you may think proper to appoint for that, purpose, and liaye appointed Messrs. Rhaa, Weakley, Outlaw', Johnston', and Houston. Sent to the House of Representatives the following message : Mr. Speaker and Crerillemen, ' ;. ■ This house concur with yofl in appointing a committee of finance, and nominate on the pari of this house, Messrs. Lewis and Rutledge, td act in cpnjunctichi'with the gentlemen by you proposed. A message frdm th^ House of Representsutives : i > Mr. Speaker find Gentlemen of the Senate, •' ft* TJii* house concur With you in appointing a committee of propositions and grievances, and nominate on our part, Messrs. Lewis, Fort, Hender- son, Newel, and Blaek, to act in conjunction with, the gentlemen by you prdposed<< This house adjourned to the house of representatives chamber, for the purpose of opening returns of election, &c. This house again met in the senate chamber. A^ter opening the several returns of the elections in the different coun- ties in this state, and the votes being summoned up, appears, that Citizen John Sevier is duly and. constitutionally elected governor of this state, \yhich was accordingly announced by tbe speaker-of the senate, in pres- ence of both houses of the general assembly. Sent to -the House o^ Representatives the following message : Mr. Speaker and Gentlemen, The House of Representatives have nominated six members, viz. Messrs. Outlaw, Blair, Cocke, Johnston, Newel, and Fort, to wait on his excellen- cy John Sevier, and request his attendance in the House of Representa- tives, to-morrow at 12 o'clock, to be qualified agreeably to the constitution of, the state of. Tennessee, . , * Mr. Sfeaker and Gentlemen, We concur irath your last message, and appoint on the part of this house, Messrsil^wis, Ford, and Kelly, to wait upon his excellency John Sevier, in company with the gentlemen by you appointed, for the purposes by you itentioned. We also concur with yon as tathe time and place for the qualification of ^the governor. Adjourned till to-morrow 9 o'clock, A.M. WEDNESDAY, MARCH 30, 1796. , .^. ■ ■ . ► "' THE house met according to adjournment, A message from the Hous^ of 'Representatives : Mr. Speaker and Gentlemen, The*House of Representatives have appointed a committee to report what bills of a public nature maybe necessary to be brought forward this session, to act in conjunction with such of yir>ur body as you may appoint for that purpose, and have named on their part, Messrs. .Houston, Weak- ley, Lewis, Rhea, and Gass. ;• ;. Ordered, that the following message be sent to the House of Represen- tatives .' * Mr. Speaker and Gentleman, We concur with ypur message respecting the appointment esf a commit- tee^ ' to report what bills of a public nature may be necessary to be brought forward this session, ' and appoint Messrs. Frazier and Tjptbn, on the part of this house, to act with the gentlemen by you named. Mr, President ank GentleiAen, We propose that Messrs. White, Lewis/and Ford, on the part of this house, in company with such gentlemen of your house as you may ap- point, wait upon his excellency governor Blount, to inform him of jthe time and place appointed for the qualification of his successor in oiSce; and al- so to request his attendance there. A m^Bsage.from the Hou^e of Representatives : Mr. Speaker and Gentlemen, This house have appointed a committee to act in conjunction with such gentlemen as you may appoint, to presiU'ibe ap oath of office, to be admin- istered to the governor of this state, and do appdnt Messrs:- Levris, New- el, and Rhea. 'Sent to the House of Representatives the following piessage : Mr. Speaker and Gentlemen, We concur' with yon itr appointing a committee to prescribe an oath of office to be administered to the governor ; and on the part of this house appoint Messrs. White and Dohertyto act in conjiinctioti with the gentle- men by you na'med for that purpose. , j A message from the House of Representatives ; Mr. Speaker ar^ Gentlemen, We propose Messrs. Looney, Black, and HoQston, to act with such of your body as- may be appointed, to wait on the judges, and request their attendance in the House. of Representatives, at 12 o'clock, to qualify the governor. A message from the .House of Representatives : J... Mr, Speaker and Gehttemen, We cannot concur with your message respecting the qualification of the gover|ioif by the judges, but propose in lieu thereof, that the clerk of the senate administer the oaths to the governor, in presence of both houses of the general assembly. >- Received from the House of Representatives the following messages, to wit: ' ■[" Mr. 'Speaker and Gentlemen, This house, propose to proceed to the ele6tion of the two senators, to represent this state in the congress of the United States ; and also, a sec- retary for this state ; and t^hat the senate and house of representatives, do convene in the house of representatives, for that purpose, to-morrow at ten o'clock ; and do propose Mr. WilliaTn Blount, Mr. William Cooke, and Mr, Joseph Anderson, as, candidates for the senate, and Mr. William Ma'ci lin for secretary. OriMied, that the following message be sent to the House of Represen- tatives :- ' , ' , ' We concur with your message, as to the'time and place for th&election by you proposed ', and propose Doctor James White to be added to the nomination of candidates for the senate. Received from the Hou^e of Representatives the following message ; Mr. Speaker and Gentlemen, We concur with your message in appointifig a committee to wait on his excellency William Blount, to inform (lim of the time and place appointed for the qualification of his successor, and name on our part, Messrs. Can- trell, Crawford, Weakley, and Gass. Also the fdlowing : Mr. Speaker ar& Gentlemen, ■•'■'• The form of the oath prescribed for the quali^cation of the governor is 8 subjoined, which has been agr'eed to by this hbuse, and hereby forwaTded for your concarrenoe. The committee to whom wag referredthe prescribing an oath, for the qualification of the governoi, made the following report: • Your committee appointed to prescribe an oath for tlie qualification of the governor, prescribe the following : All which is submitted.^ > )■'■■ A,, JOHN RHEA, Chr. I A. B. do solemnly swear, that I will support the constitationof Uie United States. — So helj) me God. I A. B. do solemnly swear, that I wilt support the constitution of the state of Tennessee. — So help me God. , I .A. JS. do solemnly swear, that I will faithfully execute the office of governor of the state of "Tejinessee, pursuant to. the constitution and laws thereof, according to the best of niy knowledge and ability. So help me God. A message from the House of Representatives : Mr. Speaker and Gentlemen, We cannot agree with your, proposals respecting the'qualifying the^jw- ernor ; we stilladhete to our former proposals, a!nd request a reconsidera- tion on your part. j ■ . ' OrderediilhaX the following message be sen't to the House of Represen- tatives : ": Mr-^Sfeaker andOenilemen, . _. ' Upon reconsideration We concur with,your message relative to waiting ^■upon the judges, to request their attendance to qualify the governor; and appoint, on behaU of this house, 'Messrs. Clack and Riitledge, to-abcom- pany the gentlemen by you named for tlhat purpose. -, This house adjourned to the representatives chamber. ' ,^ This house again met. . , After the inaugnratioii of' his^Sxcell^cy John Sevier,' an ajdress by fiim Was, presented to both houses- of the general assembly, which was T«ad,.and the same ordered be inserted on the journals ; also, that a copy ,, thereof to-be transmitted to the public printer, thit the same ^ , ; . ,-#5; . Adjjcnirned till to-morrow 9 o'cloc^ A. in. ■ , ,, ^^ 7 FRIDAY, At»RIL i, 1796. MET according to adjournment, Mr. Tipton, from the. committee on public Mils, repoi:ted as follows : Your committee appointed to report what bills^o'f a public nature are necessary to be brought forward this sessionj say, that bills of the follow- ing importxiijght to be introduced, viz : A bill provi4ing for a public revenue, A bill proviiding for the' electing of Representatives to the OgiigresS of the United States', A bill providing iorthe*appointmeht of electors', to elect a President and Vice President of the United Stages. , ,, , A bill t.prf^ent the wilful and malicious killing of slaves. A bill'providing for the relief of the poor, ' , T. A bill for the establishment and rsgulation of pjibljc roads and ferrie^s. A hill ascertaining the.i Mr. Tipton' from the committee, reported; tis follows; ft, Your committee-of propositio^is and grievances, to whpin were referred several petitions, do report, that the petition frgm tli^ count^'of Tennessee, is reasonable, aqd ought to be grapt^. That the petition fromti^e upi>er endoftiie county of Washington jisreasopable, and ought tg be granted. r ,' JOHN TIPTON; Ch. ; Which being read Was concurred witb..%. . , ^ . Ordered, that the following message be sep,t to. the House ot Repra?oa- tatives: Mr. Speaker and Gentlemen,- r... ;.' Herewith we send yon the report of the committee of pKjpoaitjoasanii grievances, with whicht report, this liouse have concurred. .,' A message' from the hpuee of represeutativies: ■ . / . Mr. Speaker and Gentlemevi, ' ' ■ Thip house propose Messrs. Peck, Loonfty, and Clivclf a oomsraittee td act jointly with such gentlemen as you may appoint, to contract' with the printer for public printing! ' i; ' Mr. Speaker and Gentiemen, , We concur with your message,, in appointing a commjltte^ to.. cointrjieC 14 with' the printer for public printing ; and appoint on the part of this hoose Messrs, White and Rutledge, to act with tRe gentlemen by you named for that purpose. •, Received from the house of representatives the follonring petitions : A petition of Mr. Joseph Dorris, and a petition from sundrylcitizens of a place called Tucialeechee, on Little River, endorsed, ' Referred to the committee of propbsitions and grievances.' Also a statement of an ac- count by George Gillespie, sheriff or Washington county, endorsed, ' Re- ferred to the committee of claimsj"' which sa!d)» petition and account were referred as above. -7 Received also the following bills : - » . A bill to atnend an>ct, entitled, ' An act laying a tax ft>r the year 1795,' A bill .providing for the election of representatives to represent this state in the Congreiss of Che United States. A A bill to divide the county of Tennessee into two distinct counties. A bill tpdivide the county of Wael^ington into two distinct counties. Severally endorsed, ' read the first time and passed.* Ordered, that these bUis be read, which being read, were passed the first time and returned. ' Adjourned till to-morrow, 10 o'clock, a. m. if ' SATURPAY, APRIL 2, 1796. MET ac<^rding to adjournment. fc^ Sent to the House of Representatives thp foUbwing message : ' Mr. Speaker and Germenkn^ ' W'e propose that a transcript from the journal^ relative to the election of a secretary for this state, be signed by the speaka'rs of both houses of the generM assembly, and attested by tl^eir clerks, and be presented to bis e^Uency the governor, that he may commission the s^etary who has been el'ected. - ' ' ' Mr. James White presented a claim fof money paid on behalf of the public, which was reaj] and referred to the committee of cUims> Received from the house bl representatives, A bill to ascertain what 'property yklhin the state shall b,e taxed for the year 1797, Endorsed, ' Read the Qrst time and passed.' ~» ' '^ Ordered, that this bill be read^ Which b|eing read, was passed the first time. A message from the House of- Re^esentatives t Mr. Speaker and Gentletheii,'-^^ ■ We cannot concur with your message relative to the governor being authorised to commission the secretary, previous to a law being passed, directing the mode of his qualification into office. , Reeeivedifrom the house of representatives : A bill directing the mode of the qualification of the secretary of state into ofiice, endorsed, ' Read the first time and passed.' Or^red, that this bill J>e r^ad, which being read was passed the first time. ' Acljoumed till Monday 12 o'clock, a> h. , li5 ■'«. MONDAY, APRIL 4, 1796. THE house met acoftrding to adjournment. Mr. Tipton from the committee of claims, reported as follows : YQur^potpmittee taking unds?. their consideration the claim of George Gillespie, , sheriff of Washington county, are of opinion, that' tht game ought not to be granted. • JOiJN TIPTQN, Cli. To wfiich report.ihis house coticurredi, , On motion of Mr. Whit«, seconded by Mr. Pohertyi resolved, that Mr. Ramsey Ijave le^aye to te^n hig appointment as cle^.to this house, his family being indisposed. . » George Roulstone was unanimously appointed cl^rk in the place of Mr. Ramsey, who has leav^to resign. , (,- Received fgim the house of representatives, the account of Robert Houston, sheriff of Knox county ; endorsed, ' read and rjferred to tlje' committee of claims ;' which being read, was refeAed aa above and re- turned. Adjourned until 3 o'clock, p.m. ,^ 'f Met accordirig to ad|ournment. / , ^ Received from th,^ house of ^epi-esentalives the following bills : A bill to divide the eounty of Tennessee into two distinct counlites, and A bill to divide the county of Washington into two distinct connties ; each^ndorsgd, read the second ti&ie and passed. ' OrderednfibaX these bills be read, which being read, were amended, pass- ed the second time and returned. « ^ Received also, a bill to suppress excessive gaming. A bill to repeal an act, entitled, ' An act for the relief of' such persons' as have been disajfled by wounds, or- ren4»ed incapable of procnring for themf^lves and families subsisten4e in the' militia service ofijtttis Territo- ry, and providing for the widows and orphans oi such as hav&rfled,' •*f Endorsed, ' Read the first time and passed.' i , .^■, Orderfid> that these bills^be read, which bSng read, were passed the first lime and returned. 'Mlh Received also, ' , ,- < A biHt^irecting the mode of thei.%ualification^f thje secretary of state iqto office, ; Endprsed, ' Read the second time and passed.' ) iOrderSd, that thia bill bfffead, which beijig read, was passed the. second time and" returned. ReceivAl likewise, A bill to prevpnt.the wilful and malicioua killing any blacjc person, or person of mix^d blood, he or she being aslave,' which, on motion of Mr. Lewis, was made the order of the day to-morrow. Adjourned till to-morrow 9 o'clock, a. m. f 11 ■ 16 TUESDAY, APRIL 5, 1796. MET according to adjournment. ^' Mr. Lewis moved for the order of tlie day, and called up a bill to pre- vent tiie wilful and malicious killing of slaves, &c. which was read the second time and passed. Mr. Tipton, from the committee of propositions and grievances reported as follows : The committee of propositions and grievances having taken under their consideration, the petition of the inhabitants of that part of Little River, known by the name of Tuckaleechee, repoit, that the same is reaspnable and ought to be granted. '- ' • JOHN TIPTON; Chr. Mr. Lewis moved for leave and presented a bill, to amend an act for the promotion of learning in the county of Davidson ; also, a bill concern- ing oaths ; which ,were read the"first time, passed and sent to the house of representatives, ^ f Mr. Tipton reported as follows ; The committee of* claims to whom the claim of James White was re- ferred, against,the state, for twenfyitwo dollars and one third, for appre- hending and bringing to Knoxville Love Snowden, report, that the same is reasonable and ought to be allowed. JOHN TIPTON, Chr. Which being read was concurred with. Adjourned till 3 o'clock, p.m. ^ . Met according to adjournment. Mr. Joseph M'Min, the member from the county of Hawkins, appeared, produced his credentials, was qualified, and took his seat. On motion of Mr. Tipton^the certificates of Mr. M'Min, as senator to represent the county of Hawkins, in the senate of this state, was referred to the committee on elections. » ._ Received from the house of representatives, A bill to divide the countj' of Washington-' - A bill to divide the county of Tennessee. Ea|^ endorsed, 'oread the third time and passed.' Ordered, tbat these bills be read, which being read, were passedihe third time, and ordered, to be engrossed. >^ Received also, A bill directing the mode of electing members of the general assembly. Endorsed, ' Read the first time a^d passed.' And a bill establishing a treasury department. « Endorsed, 'Read the second time and passed.' Ordered, .that these bills "be read, which being read, the former was passed the first,Hhe latter the second time, and returned. * Received likewise, A bill providing for the election of representatives to represent this state in the congress of the United States. .Endorsed, ' read the second time and passed,' which being read, was passed the secondi-time in this house and returned. Received also, A bill to preclude persons of a certain description from being admitted 17 %8 witnesses, in aiiy civil or criminal case in any court within ttiis sjbate, and * . A bill to ascertain the lines between Blount and Sevier counties, Each endorsed, ' Read the first time and passed.' Ordered, that these bills be read^, which being read, .were passed the first time and returned, .k- Adjoarned until to-morrow, 9 o'clock,-A. M- WEDNESDAY, APRIL 6, 1796. MET according to adjournment, Mr. Tipton from the committee of propositions and grievances made the following report : * ■ '^' Your committee of claims, to whom was r^erred the claim of Robert ■ Hoiistgn, sherifT of Enox county, having taken the same under considera- tion, are of opinion, that it ought not to be allowed. JOHN TIPTON, Ch. Which being read was ordered to lie on the table. ^On motion of Mr. Tipton, sent to the house of representatives the fol- lowing message : Mr. Speakers and Gentlemen, , - .. We propose that'a committee^ be appointed to examine engrossed bilis, and have for that purpose named Mr. M'Min to act with such' gentlemen as'you may appoint on your part. i Mr. Frazier moved for leave and presented a bill to amend an act, enti- tledi ' An act for establishing a militia in the state of North Carolina, which said act is now in force within this state,' ■ I Which was read the first time^ pa$sed, and sent to the house of repre- sentatives. ' * ' • Received from the house of representatives, a bill directing the mode of the qualification of the sBcretafy of state into office, Endorsed, ' Read the third time and passed.' Which being read, was passed the third time in this house, and ordered to be engrossed. *^' Received also, A bill to ascertain the number of judges of the superior courts of law and equity, and for fixing their salaries, &c. ^ Endorsed, ' Read the second time and passed,' Which on motion of Mr. White was made the order of the day to-mor- row. Adjourned till 3 o'clock, f.m. -. ^^ Met according to adjournment. Received from the House of Representatives the following message : Mr. Speaker and Gentlemen, i We concur with you in. appointing a committee to examine engrossed bills, and name on our part Messrs. Cboike and Conway, Received from the house ot represeatatives : 18 A bill for the appropriation: of certain. monies therein mentioned, Endorsed, ' Read the first time and passed.! • Which being read, was passed the first time and returned. Mr. White moved lor leave and presented a bill for the appropriation of certain monies therein mentioned, and for other' purposes, wliicti was read .the first time and passed. Received from the house of representatives, , A bill to repeal an act, entitled, ' An act for the relief of such persons as have been disabled by Wounds, or rendered incapable of procuring for themselves, &c. subsistence &c. Endorsed, ' Read the second time and passed,' Which being read, was passed the second time in this house and re- turned. Received likewise, A bill concerning oathy, ^ ''' Endorsed, ' Read the first time and passed,' Which being read, was amended, passed the second time and returned. ' Received^also, ♦ - ' A bill directing the mode of electing representatives to represent this state in Congress ; '■. #►« »» Endorsed, ' Read the third time, amended, and passed.' Ordered, that this bill be read, which being read, on motion of Mr. Lewis, the foUowing'raessage was sent tQ the house of representatives : Mr. Speaker'and GenfJemen, The senate have had before them, the bill, 'Declaring the mode of elect- ing representatives to represent this state in Congress,' and cannot agree to the amendment by you made in the second section of said bill ; but ad- here to their amendment, to wit : ' The first Thursday of August,' and ' the succeeding day.,' they are willing to add; If you agree to this amendment, you will please send two of your members, to see the altera- tions made. Further, as it respects . the second election, the senate pro- pose, that said clause be amended, by adding after the word ' August,' the words, ' and the succeeding day.' Adjourned till to-morrow 9 o'clock, a.m. THURSDAY, APRIL 7,, 1796. Met accqrding to adjournment.' Mr. Tipton reported as follows. Your committee of propositions and greivances, to whom was referred the petition of sundry inhabitants south of French Broad, who live over the line of experiment, are of opinion tliat the state cannot grant them any relief. JOHN TIPTON, Ch. Which being read, was concurred with. A message from the House of Representatives : Mr. ^pealcer and Gentlemen, We agree to the amendments by you proposed to the bill directing the mode of electing representatives in Congress, and Messrs. Cooke and Looney will attend and see alteration made. 19 Keceived from the bouse of representatives, A bill to repeal an act, entftled, ' An aet for the relief of such persons as have been disabled by wounds, &c. Endorsed, ' Read the third time and passed.' » Orifered, that this bill be read, which being read, was passed the third time and ordered to be engrossed. The order of the day being called for by Mr.. White, the bill to ascer- tain the number of judges of the superior courts of law and equity, die. was read, amended, passed the second time and sent to the house of repre- sentatives. , Received from the House of Representatives, A bill for amendment of the law, Endorsed, ' Read the first time and passed.' A bill for the appropriation of certain monies, &c. Endorsed, ' Read the first time and passed.' And a bill establishing a treasury department. Endorsed, ' Read the third time and passed. Ordered, that these bills be read, which being r^ad the former was pass- ed the first, the second the second, and thfe latter the third time, and or- dered to be engrossed. ^ ■ Adjourned till to-morrow 9 o'clock, a, m. FRIDAY, APRIL 8, 1796. Met according to adjournment. Mr. Tipton from the committee of propositions and grievances, reported as follows : Your committee of propositions and grievances, to whcim was referred the petition of sundry inhabitants of the scounties of Hawkins, Knox,! and Jefiferson, are of opinion the same is reasonable and ought to be granted. JOHN TIPTON, Ch. Which was read and concurred with. 'a A message from the house of representatives : Mr. Speaker and Oentlemen, This house propose to proceed to the appointment of threff judges of the superior courts of law and e quit^ ; and< also two treasurers; one for the districts of Washington and Hamilton, and one for the district of Mero; and that both houses convene iu the representatives' chamber, to-morrow at U o'clock, for that purpose. We nominate as candidates for judges, Messrs. John M'Nairy, Joseph Anderson, David CampbelJ^, Willie Blount,' Archibald Roan, Howell Tatom, and Ephraim Dunlap ; afid for treasurers, Landon Cai^terand Nicholas Tate Perkins, for the districts of Washington and Hamilton ; and Edmund Gamble, William Black, Robert Searcy, and William Gage, senior, for the district of Mero, and have appointed Messrs, Fort and Lewis to superintend the balloting. Mr. Levels moved for leave to withdraw for amendment, the bill for the appropriation of certain monies therein mentioned, and for other purposes, which was granted. Also, the bill aoncerning oaths, which was also Mr. White moved for leave, and presented a bill ascertaining a iinebe- 20 tween Knox, Jefferson and Sevier conntiee, which was read the first tm<3 atid passed. Adjourned until 3 o'clocit, P.m. Met according to adjournment. The honorable speaker laid before the house, a letter which he had re- ceived from the hon. Wm. Blount, esq., late president of the convention of this state, inclosing several papers, and instructions to Mr. M'Min, who went express to carry the constitution of this state to the secretary of the United States, Which being read, was, on motion of,Mr. Lewis, refer- red to the committee of claims, and sent the house of representatives. Also, a letter from the hon. Wra. Blount, in answer to the communica- tion from the general assembly, signifying his election as a senator, to rep- resent this state in the Congress of the United States, which was read and sent to the house of representatives, and is as follows : STATE of TENNESSEE. Mr. Speaker and Gentlemen of the Senate, and Mr, Speaker and Gentlemen of the House of Representatives, The entire approbation of the people of my conduct in ofi5.ce by you rat- ified, is the highest reward I could receive. Accept, gentlemen, my thanks for the prompt and warm manner in which you have been pleased to Convey itto me. With you, I hope, that the peace which exists between the citizens of the United States and the Indian tribes will long continue, as in peace consists the happiness and prosperity of both parties ; and thus impress- ed, it shall be my duty, in whatever situation I may be placed, to use ray efforts to its preservation. I feel as I ought, the unanimous call of my fellow-citizens, to represent them in the senate of the United States, and shall devote myself to the promotion of their interests, as far as is consistent with that of the whole body politic, of which they are a part. Accept, gentlemen, my best wishes for your individual happiness. (Signed) . Wm. BLOUNT. ^Received from the House of Representatives : A bill to ascertain the number of judges of the superior courts of law and equity, and for fixing their salaries, which being read, was amended, and on motion of Mr. M'Min, , Sent to the House of Representatives the following message : Mr. Speaker and Gentlemen, The senate upon reading for the third and last time, the bill to ascertain the number of judges of the superior courts of law and equity, and the fixing their salaries, have amended it in the following manner : After the words, in this state, in the first section of said bill, they have added, ' Any one or more of whom, are hereby authorised and empowered to hold any of the said courts— And it shall be the duty of each and every of .the said judges to attend each and every term v And in case of failure, so to attend without sufiicient cause for such failure be shewn, it shall be deemed a misdemeanor in ofiice, for which he or they shall be liable to presentment, indictment, or impeachment ; but judgment, in such cases shall not ex- 21 tend further, thap.to removal from office. ' If you agree to this altera,tion, you will please send two of your members to see it made, . Received from the house of representatives; A bill to provide for the safe keeping of the acts, records, and papers of the State of Tennes.see, and for other purposes. Endorsed, ' Read the first time and passed. ' Also, a bill to suppress excessive gaming. Endorsed, ' Read the second time, amended and passed. Ordered, that these bills be read, which being read, the former was pass^ ed the first time, and the latter, on motion, was rejected. A message from the House Of Representatives : Mr. Speaker and Gentlemen, We cannot concur with the amendment by you proposed to the bill as- certaining the number of judges, &c. Ordered, that the following message be sent to the house of representa- tives ; Mr. Speaker and Gentlemen, The senate propose to meet your house in conference, torraorrpw morp- ing at 9 o'clock, in the representatives' chamber, to take into considera- tion, the bill to ascertain thfe number of judges, die. and if possible to ad- just the difference. Received from the house of repi-esentatives : A bill to divide Hawkins and Knox counties, and form a distinct county, by the name of And, a bill prescribing the mode of electing militia officers of this state, Each endorsed, ' Read the first time and passed. ' Ordered, that these bills be read, which being i-ead, were passed the first time, and returned. Received fiom the house of , representatives the two following mes- sages, to wit: Mr. Speaker and Gentlemeri, We concur with you in the conference by you proposed, to morrow at 9 o'clock. Mr. Speaker and Gentlemen of the Senate, We have added Mr. Montgomery to the c6mmittee of propositions and grievances. Acljoumed till to-morrcw, 9 o'clock, a. m^ SATURDAY, APRIL 9, 1796. Met according to adjournment. Received from the house of representatives the following report of the committee of claims : Your committee to whom was referred the claim of Joseph M'Min, are of opinion, he ought to be allowed two hundred dollars for his services as an express to Philadelphia and back to this place, and no more. JOHN TIPTON,. Ch., Which being read wa.a concurred with. 22 Mr. White presented the petition of sundry inhabitants, which was read and referred to the committee of propositions and grievances, and sent to the house of representatives. On motion, Messrs. Clack and White were added to the committee of propositions and grievances, A raeesage from the House of Representatives : Mr. Speaker and Gentlemen, The senate have added Messrs. Clack and White, to the committee of propositions and grievances. Received from the house of representatives : A petition from the inhabitants of Jonesborougb — and a petition from sundry inhabitants of Jefferson county. Each endorsed ' Read and referred to the committee of propositions and grievances, which being read, were referred-as above. Mr. Doherty presented a petition from sundry inhabitants of Jefferson county, which being read, was referred to the committee of propositions and grievances, and sent to the house of representatives. Received from the house of representatives : A bill to ascertain the line between Blount and Sevier coilnties. Endorsed, ' Read the second time, and passed. Ordered, that this bill be read, which being read, was passed the second time and returned. Ordered, that the following message be sent to the Honsp of Represen- tatives : Mr. Upeaker and Oentlemein, The senate have agreed to amend the bill, ' ascertaining the number of judges of the superior courts, ' &c. by striking out from the first section of said bill, all the words after the word shewn, which are, 'For which he or they shall be liable to presentment, indictment, or impeachment ; but judgment, in such case,' sha'i not extend further than to removal from of- fice. ' • ' ' The senate have amended said bill, by inserting the following section : 'And be it enactad. That the clerk of each of the said courts shall, each day of any term of any of the said courts, enter on the minutes of said courts, iespectively,the name or names of the judge or judges, who shall be present at the meeting thereof: And on failure, it shall be deemed, a misdemeanor in ofSce, and. ' The above amendment is intended to be the first part of the section, pointing out the duty ot the' clerks, of the supe- rior courLs, in granting certificates of attendance to the judges. If yon agree to the amendments, as now proposed you will please send two of your members to see them made. A message from the house of representatives: Mr. Speaker and Gentlemen, We concur With your last amendments to the bill, ascertaining the num- ber of judges, &o. and name Messrs. Cantrell and Rhea, to see the altera- tions m&de. Which being read. The bill to ascertain the number of judges of l^e superior oonrts of law and equity, and for fixing their salariss, was taken up, read the third time, amended, as proposed, passed, and ordered to be engrossed. 23 Sent to the House of Representatives the following mes'^ge : Mr, Speaker and Gentlemen, The senate agree to your message of yesterday, for appointing three judges of the superior courts of law and equity, and for two treasurers, except as to the time of meeting, which we propose to be at 3 o'clock this afternoon, and have appointed Messrs. Lewis aind Frazier to superintend the balloting. Adjourned till 3 o'clpck^ p. m. Met according to adjournment. ■ j, Mr. M'Min from the committee appointed to examine engrossed bills, reported that the following bills were duly engrossed, to wit : An act directing the mode of qualification of the secretary of state into office. , An act to divide the county of Teniiessee into two distinct counties. And an act to divide the county of Washington into two distinct coun- ties, which were severally signed by the honorable speaker in presence of the house. Messrs. Lewis and Frazier from the joint balloting for' judges and treas- urers, reported, that having executed the business of their appointment, they find, on casting up the poll, that John M'Nairy, Archibald Roane, ai)d Willie Blount, are duly and constitutionally elected judges of the superi- or courts of law and equity, Landon Carter, treasurer for the district of Washington and Hamilton, and William Black, treasurer for the district of Mero. Received from the house of representatives : The bill to ascertain the line between the counties of Sevier and Blount. Endorsed, 'Read the second time and passed. ' Ordered, that this bill be read, which being read. Was passed the second time and returned. Mr. Kelly had leave of absence till Wednesday ne,xt. Adjourned till Monday 12 o'block, a. M. MONDAY, APRIL 11, 1796. THE house met according to adjournment. ^ Sent to the house of representatives the following message : ., Mr: Speaker and Gentlemen, The senate propose that a transcript from the journals of the general assembly respecting the election of the judges of the superior' courts of law' and equity, be prfesented to the governor for his information, in order that he may proceed to commission the gentlemen elected, and name Mr. Rntledge on the part of this house, to wait on the governor with the same. The senate also propose, that a joint committee wait on the gentlemen elected judges, and present them with a transcript from the journals, sign- ed by the speakers, respecting their election ; and name on our part Mr. Tipton. Mr. White, who had leave to withdraw for amendment, the bill to ap- 24 propriate certain monies & presented the same, whicii being read, was passed the second time. IMr. Rutledge presented a petition in favour of Joseph M'Min and James White. Which was read and concurred with. A message from the House of Representatives : Mr. Speaker and Oentlemen, We herewith send you a resolution in favorof Joseph M'Min and lames White, with which we request your concurrence. Received* from the House of Representatives the following messages, to wit : Mr. Speaker and Gentlemen, We concur with your message, proposing that a transcript from the journals respecting the election of the judges should be presented to the governor, and name on the part of this house, Messrs. Lewis and Cocke, for that purpose. We also name Messrs. Johnson and Fort, to act with the gentlemen by you proposed to wait on the gentlemen elected judges. Mr. Speaker and Gentlemen, This house cannot concur with your message respecting the mode of allowing payment to Joseph M'Min and James White. Mr. Speaker and Gentlemen, We herewith send you a communication we received this day from the governor, which we have referred to a select committee, and have named for that purpose, Messrs. Rhea,Outlaw, Johnson, and Lewis. The commuication from hid excellency John Sevier is as follows, to wit : Mr. Speaker and Gentlemen of the General Assembly, Permit me to remark to your'honorable body, that our senators are about to proceed to the federal legislature, it may not be inexpedient to remind them of the necessity of taking under consideration, the embarrassed sit- uation claimants of land are under, to those lying south of the line con- cluded on in the treaty of Holston, and now within the Indian boundary. In my humble opinion, it is a matter of great public importance, and particularly interesting to the state and to individuals, to either have the Indian claims extinguished, or the adventurers compensated for those lands-. ' ' I have no doubt but you will take the premises under due deliberation, and give your senators such instructions as you, in your wisdom, may deem necessary and advisable. (Signed,) JOHN SEVIER. Which being read, the following message was ordered to be returned : Mr. Speaker and Gentlemen, The senate concur with you in referring the communication of his ex- cellency the governor, of this day to a select committee, -and name Messrs. M'Min, Lewis, Tipton, and Rutledge, on our part. ; A message from the House of Representatives : 25 Mt. Speaker arid Gentlemen, We herewith send you a resolution entered into by this house, with which your concurrence is requested. Resolved, that no bills either of a public or private nature be received after Saturday next. Which being read, was'Concurred with, Mr. Lewis presented a petil^n from the inhabitants of Jefferson coun- ty, which being read, was referred to the commitiee of propositions and grievances. iMr. Lewis, who had leave to withdraw for amendment, the bill to amend an act for the promotion of learning in the county of Davidson, presented the same with th« amendments, which being read, was passed the second time. Adjourned till 3 o'clock, p. m. MET according to adjournment. Mr. White, who had leave to withdraw for amendment, the bill ascer- taining a line between the counties of K'Box, Jefferson, and Sevier, pre- senifed the same with the amendments, which was read the second time and passed. Mr. Lewis, who had leave to withdraw for amendment, the bill concern- inn; oaths, presented the same with its amendments, which being read, was passed the third time. Received from the House of Representatives : A bill to ascertain the lines between Blount and Sevier counties, en- dorsed, ' read the third time and passed. ' Ordered, that this bill be read, which being read, was passed the third time, and ordered to be engrossed. Received from the house of representatives r A petition from sundry inhabitants of Nashville, and a petition of An- drew Jackson, of Mero district. Each endorsed, ' Read and referred to the committee of propositions and grievances. ' Which being read, was referred as above. Received from the house of representatives, the resolution of this house in favor of Joseph M'Min and James White, endorsed, ' non-concurred with. ' Adjourned till to-morrow, 12 o'clock, a. m. TUESDAY, APRIL 12, 1796. MET according to adjournment. Received from the house of representatives, the report of the select com- mittee, appointed to take into consideration the communication of his ex- cellency the governor of yesterday ; endorsed, " concurred With." — Which report is as follow^ : • Your committee to whom the communication from the governor, relative to the lands south of the line of the treaty of Holston, claimed by grantees 26 under North Carolina, was referred, do recommend the following resolu- tion : Resolved, that it be an instruction to the senators and representatives of this state, in the Congress of the United States, to state to that body, that it is essential to the preservation of peace, between the Indian tribes and the United States, that measures be, by them, taken to relieve and quiet the grantees of lands under the state of North Carolina, the possession of which is'guaranteed'to the Indians by tre^y, which claim we wish ex- tinguished, and' the claimants put in peaceable possession of their lands. THOMAS JOHNSON, C!h. Mr. Tipton from the committee of propiositions and grievances made the following reports : Your committee to whom was referred a petition from the inhabitants of Davidson county, are Of opinion, that the same be laid over until the next gene^'al assembly, JOHN TIPTON, Ch. Your committee to whom was referred the petition of Charles Robert- son, esq. of the tow.n of Jone6boj:ough, having taken the same under their consideration, report, that the same ought not to, be allowed, for reason of ' but one signet to said petition. JOHN TIPTON, Ch. Your committee to whom was referred several petitions from the inhab- itants of Jefferson county, upon several subjects, are of opinion, that all petitions from t,he' inhabitants of said county be laid over until the next general assembly, only such as respect the division of said county. JOHN TIPTON, Ch. . Received feom the house of representatives : I A bill to appropriate certain monies ; Endorsed, " Read the third time and passed." Ordbred, that this bill be read, which being read, was passed the third lime and ordered to be engrossed. Mr. M'Min moved foi- leave, and presented the following bill, to wit : A blll'making compensation for the meimbers, clerks and door-keepers of the general assembly, and for defraying other necessary contingencies. Ordkre^, that this bill be readj which being read, passed the first time. Received from the house of representatives : A bill for establishing a town in Robertson county, . Endorsed, " Read the first time and passed." Ordered, that this bill be read, which being read, was passed the first time. Received also, A bill to amend an act for the promotion of learning in Davidson county. Endorsed, "Read the second time, aniended and passed." Ordered, that this bill be read, which being read a third time, was amended and passed. Adjourned until to-morrow 9 o'clock, a.m. 27 WEDNESDAY, APRIL 13, 1796. , MET according to adjonrnment. Mr. M'Min from the committee appointed to examine engrossed bills, reported, tliat ttiey had examined the following bills, and found them to be truly engrossed, to wit : An act to appropriate Certain monies hereinafter described, an act to re- peal an act, entitled, an act for the relief of such persons as have been disabled by wound's, &c. and an act to establish a treasury department- Mr. White presented a petition from sundry inhabitants of Eiiox county, which being read, was referred to the committee of propositions and griev- ances. Beceived from the House of Representatives, a petition from sundry in- habitants of Sevier county, endorsed, " Read and referred (o the committee of propositions and grievances," which being read, was referred as above. Received also, A bill appointing commissioners and trustees, &c. A bill establishing a town by the name of Palmyra. A bill to encourage the killiqg of wolves. And a bill for amendment of tbe law respecting public roads and ferries. Severally endorsed, " Read the first time and passed." Ordered, that these bill be read, which being lead, were passed the. first time. Received from the house of representatives, a remonstrance from David Smith, endorsed, " Read and referred to the committee of claims," which being read, was referred as above. Received also, a bill for the relief of such persons as have, or may sufier by the loss of the records of the court of equjty, for the district of Mero, Endorsed, " Read the first time and passed." I Ordered, that this bill be read, which being read, was passed the first t m9. Received from the house of representatives, the repbrt of the committee of propositions and grievances, on the petition of the inhabitants of Jei^r- son county, endorsed " Rejected." The honorable speaker laid before the house, the petition and remon- strance of William Medlock, Which being read, was referred to the committee of propositions and grievances. Adjourned till 3 o'clock, 7. U. Met according to adjournment. A message from the House of Representatives : Mr. Speaker and Gentlemen, This housei have referred the bill ascertaining what property in this state shall be taxed for the year 1757, to a special committee composed on our part of Messrs. Rhea, Lewis and Outlaw, to act jointly with such of your body as you may name for that purpose. Which being read, the following message was ordered to be returned : Mr. Speaker and. Gentlemen, The senate concur tvitli you in *efemng " the bill ascertaining what 28 property in- this state ehall be taxed for the year 1797," and name on our part Messrs. Doherty, White, and Rutledge. Received from the house of representatives : A bill prescribing the mode of -electing military officers of this state, Endorsed " Read the second time, amended and passed." Which being read,' Mr. Lewis moved for leave to withdraw the same for amendment, which was- granted. Also, the bill directing the mode of electing members of the general as- sembly, whicji being read, Mr. M'Min moved for leave to withdraw the same for amendment, which was granted. A message from the House of Representatives : Mr. Speaker and Gentlemen, We have added Messrs. Conway, Weakley, and Johnson, to the com- mittee to whom is referred the bill ascertaining what property in this st^te shall be taxed for the year 1797. Which was read and concurred with. Received from the house of representatives. The bill establishing a town in Robertson county, Endorsed " Read the second time, amended and passed." Ordered, that this bill be read, which being read, was passed the second time. Also, a bill providing- for the amendment of the law, &c. endorsed "read the second time, amended and passed." Ordered, that this bill be read, which being read, was amended and passed the second time. Received from the house of Representatives, . The petition of sundry inhabitants of Knox county, Endorsed, " Read and concurred with." Adjourned till to-morrow 9 o'clock a. m. THURSDAY, APRIL 14, 1796. MET according to adjournment. Mr. White presented the memorial of James Conner, which being read, was referred to the committee of propositions and grievances. Mr. Tipton from the committee of propositions and grievances made the following reports : Your committee to whom was referred sundry petitions from the inhab- itants of Jefferson county are of opinion, that all petitions relative to said county be laid over until the next general assembly. JOHN TIPTON, Ch. Which being read was concurred with. Your committee to whom was referred the petitions from the inhabitants ot Sevier county, are of opinion, that the petitions relative to said county be laid over until the next general assembly. JOHN TIPTON, Ch. Which being read, was concurred with. Received from the house of representatives : A bill establishing*. town by the name of Palmyra, 29 Endorsed, " Read the second time and passed." Which being road was passed the second time in this house. Mr. Lewis, who had leave to withdraw for amendment, a bill prescribing the mode of electing the military officers of this state, presented the same with the amendments, which being read, was passed the second time. Received, from the house of representatives the following message : Mr, Speaker and Gentlemen, The house of representatives cannot concur with the report of the com- mittee of propositions and grievances, upon the petitions from Sevier county. Received also, the petition of Joshua Hadley, * Endorsed, " Read and referred to the committee of propositions and grievances," which being reid, was referred as above. Received also, a bill appointingcommissioners to fix on a place to erect a court-house, prison and stocks, in Sevier county, Endorsed, " Read the first time and passed." Which being read, was passed the fir»t time in this house. Received from the house of representatives : A bill to provide for the safe keeping of the records of the state, en- dorsed, " read the second time, amended and passed." Ordered, that this bill be read, which being read, was amended and passed the second time. Adjourned till 3 o'clock, f, m. Met according to adjournment. Received from the house of representatives, a bill appointing commis- sioners and trustees, &e. in the county of Sumner, endorsed, " read the se- cond time and passed." Ordered, that this bill be read, which being read, the former was amend- ed and passed the second time, and the latter read the third time, and ordered to be engrossed. Mr. Lewis moved for leave, and presented a bill for changing the places of holding courts in the county of Jefferson, &c. which being read, was passed the first time. Adjourned until to-morrow 9 o'clock, a. m. FRIDAY, APRIL 15, 1796. MET according to adjournment. Mr. Tipton from the committee of propositions and grievances made the following reports : Your committee to whom was referred the petition of Joshua Hadley, consider that the same is reasonable and ought to be granted, and recom- mend that a bill remitting fines an^ forfeitures with respect to lands held by non-residents of this state seoufd be passed. JOHN TIPTON, Ch. Your committee having taken under consideration the petition from the citizens of Nashville, report generally in favor of the petition. JdHN TIPTON, Ch. 80 Your committee to whom was referred the remonstrance of David Smith, are of opinion that the same be laid over until -the hext general assembly. JOHN TIPTON, Ch. Which being read, were concurred with. Received from the house of representatives : A bill directing the mode of electing the governor and members of the general assembly, endorsed, " read the second time, amended and passed." Ordered, thaXlhiB bill be read, whicli being read, was amended, and . pas.sed the second time. , , Received also, a bill for amendment of the law, respecting public roads and ferries, endorsed', " read the second time, amended and passed." Ordered, ibat this bill be read, which being read, was amended, and passed the second time. ' , Received from the house of representatives, the petition of Daiiiel Ro- wan, endorsed, " read and referred to the committee of propositions and grievances," which being read, was referred as above. Mr. M'Min, from the committee to examine engrossed bills, reported, that the act to amend an act, for the promotion of learning in the county of Davidson, was truly engrossed. Adjourned till 3 o'clock, f. m. Met according to adjournment. Mr, Tipton from the committee of propositions and grievances, presented the following reports : Your committee to whom was referred the petition of Daniel Rowan, are of opinion that the same lie over uijtil the next general assembly. JOHN TIPTON, Cb. Your committee to whom was Inferred a pelition relative to distempered oattte, are of opinion that the same is reasonable, and that a bill be brought forward for that purpose. JOHN TIPTON, Ch. . Your committee have taken under their consideration the memorial of James Conner, are of opinion that it is reasonable, and that a bill for his relief be brought forward. JOHN T[PTON, Ch. Received fro'm-lihe house of representatives : A bill app6inting commissioners and trustees, &c. A bill establishiog^ a town by the name of Palmyra, \ Each endorsed, " read the third time, amended and passed." Ordered, that these bills be read, which being read, were passed the third time, and ordered to be engrossed. Received also, a bill to encourage thekilling of wolves, endorsed, " read the second time, angended and passed." ' Ordered, that this bill be read, which being read, was rejected. Received also, a bill to repeal an act to regulate-the several officers fees therein mentioned, &c. endorsed, "Read the first time and passed," which being read was passed the jSrst time and returned.," Adjourned till to-morrow 10 6'clock, a. m. 31 SATURDAY, APRIL 16, 1796. Met according to adjournment;. Mr. White moved for leaye and' prgBented a bill to repeal pa^o^ *l>e sixth section of an act, entitled, an act ascertaining what property in this state shall be deemed taxable, &c. which being read was passed the first time. Mr. Tipton, from the committee of propositions and grievances, present- ed the following report. Your committee to whom was referred the remonstrance of Andrew Jackson, are of opinion, that a reasonable compensation from the time of' the organization of the Terjitorial government, until the year 1796, is reasonable, and ought lo.be granted. JOHN TIPTON, Ch, Which bejng read, was concurred with. Received from the house of representatives, a bill imposing a fine on persons who publicly deny the being of a God, and a future state .of re- wards and punishments,' &<:. endorsed, read the second time and passed. Ordared, that this bill be read, which being read, was, on motion, re- jected. Received from the House of Representatives a bill to repeal the forty- eighth section of an act, passed at Edenton in the year 1741, entitled, "An act concerning servants and" slaves," endorsed, read the first time and Ordered, that this bill be read, which being read was passed the first time and returned. The hou^e adjourned till 3 o'clock, p.m. Met according to adjournment. Received from the House of Representatives a bill for changing the place of holding courts in the county of Jefferson, &c. and a bill to pre- vent (he obstruction of the navigation of Red River, 33 Ordered, that this bill be read, which being read, was passed the first time. , Received also the bill to /Establish the town of Maryville, endorsed, "Read the second time and, passed." . Ordered, that this^bill be read, which being read, was amended, and passed the second time. Received also, a bill for the safe keeping of the records of the state. Endorsed,' " Read the third *tin^, amended and passed." . Ordered, that this bill be read, >rhich being read, was passed the third time and ordered to be engrossed. ' ' Adjourned till 3 o'clock, f. m. MET according to adjoarnment. Receivqd from the house of renre^entati'^es, A bill to repeal the fourth section of an act, passed at Knoxville the 29th day of ^ptem'ber, 1794, entitled, "an act to amend an act, establishing courts of law, and for regulating the proceedings therein," endorsed, "read the first time and passed." Ordered, thaX this bill be read, which being read, was, on motion, re- jected. ' , r ' t^''> t A message from the House of Representatives : ' * ''}' Mrl Speaker and Gentlemen, ■ ;t This house concur i^the amendm^ts by yon proposed, to the bill pre- scribing the mode of electing military officers of this state, and name Mr. Johnson and Mr. WeaKley to see them inserted, «; ' * Which being read, the bill pre|(fj:ibing the mode of electing nti^tary offi- cers of this state was taken up, passed the third time, and ordered to be engrossed. ^ ;»< Received from the house of representatives : A bill directing the mode of ^^eutioning^tbe general assembly for the di- 35 vision of counties a'nd removal of court-housefis, endorsed, read Ihe first time and passed. ' > ' Ordered, that tljiis bill bereSd, which being read, was passed the first timfe > ■ 1 1 ■ ' • ^ Adjourned till to-morrow, 9 o'clock, a. m. m - WEDNESDAY, APRIL 20, 1796. MET according to adjonrnmegt, - Mr. M'Miri from the committe| appointed to, examine engrossed bills, reportedthe following'diilye^grpssed, viz :> Aii act directhig the mode of electing representatives to. represent this state in the Congres.s.of the United States. — 'An act, to ascertain the lines between' Blount and Seviercounties.— rAnact egtal^lishin^ a town in Ro- bertson county, by the name of Springfield, An act "for the amendment of •the law respecting public roads and ferries. — An apt providing for the safe keeplqg*f the acts andjecords of this'state An^^^t establishing a town by tjie name of Palmyi^..— And an act appointing'commissioners and trus- :tees, the former to fix on, a place |n the county of^Sumtter, and the latter •to purchase the land, erec^a courl^houa^, prison and stocks, and establish a town thereon. •* * . l^eceived from the House of Representatives, a bill for t^ relief of sijoh ' persons as may siiffer by their grants, deedsj and li^ne cdnveyaljc^s, not being registered, &c. endorsed, read the first time and passedl , , Ordered,' that ill is bill be read, vifhich being read, was ptesed, the first time. Received also, a bill to regulate the descent of real estates, &c. and a bill appointiDg comm^ioners to contract for the building a court house, prison and stocks -jn .Montgomery coiinty, eaoh^ endorsed, read the second time and passed; »'"- . * Ordered, that these bills lie read, whicK being read were passed the se- cond time. 1^ V ,.,; Receive'd from the house of representatives, a bill for the relief of such persons as have or may snfier by the toss of thOf r^ooids of the court of equit^Aof Mero district, endorsed, "read the*" ihiro'^me, amendedviand pass^" Apd **..-■ .•,^, ■ -- " -' ' ti- A bill to repeal thp forty-eighth section of an act, passed at Edenton i!L4i% the year 1741, entitled, "An act . concerning servants and slaves,"'%n- dorsedt read the second, time and passed. ' ^'^f Ordered, Xhat.these bills be read, which being read, thp forijaOT/was passed thfr third time and ordered to be engroBs^|4nd Ibe latter^% mo^ tioff, rejected. , 4 -. . • •, *" •<• "■■^i Also,' a bill to repeal an act to regulate the several ofScers fees therein mentioned, &c. endorsed, read the secontd' time, amende^d and p^sse^. Ordered, that this bill be read,^|j?hich being read, was amended, and passed the second time. , Received also, a! bill to establish, the' town of Maryville, endorsed, read the third time and passed. ' ' Sj-^, 36 OrdeM, that this bill be read, which being *ead, was passed the third time, and ordered to be ei^rossed.' ' ,.. Received also, a bill ascertaining the number of attornies general, fix- ing their salaries, &c. and a bill to appoint commissioners for regulating the town of Jonesborpngh, endorsed, read the second l^ime, amended and .passed. , uf. Ordered, that this bill be' read, which being read, was amended and passe4 the second time. • Adjourned till 3 O'clock, p. m. Received from the house of representatives, p. bill directing the mode of electing the govifrnor and members of the general assembly, endorsed, read the third tim'e,ainended and passedt ^ Ordered that this bill be readj which being read was passed the third time and ordered to b& engrossed. Received also,. a bill to ascertain what property in this territor^shall be deemed taxable, &c. endorsed, read the first time and passed. Ordered, thatthis bill be read, which being read,, was amended and passed the second time. Received from the house of representatives, a bill to divide Hawkins and Knox counties, endorsed, read the third time, amended and passed. Ordered, that this bill be read, which being read, the following message was ordered to be sent to the house of representatives : Mr. Speaker and Gentlemen, The senate have read for the third and last time, the bill to divide Haw- kins and Kqpx counties, and have added the following clause to the last section, to lyit : " Provided, nothing herein contained, shall be construed so a« to give said county of Grainger separate elections for governor and members of the general assembly ; but the inhabitants of said county shall be entitled to sufirage in the county from which they were taken, until the first enumeration be made. If you agree to this amendment, you will please send two of your members to see it made. f Received from the house of representatives the following message: Mr. Speaker and Gentlemefi, < We coiieur with'yonr proposed amendment to the bill for the division of lilHawkins and Knox counties, and. name Mess. Henderson and Menefee to 'see the alteratipni! 'aoBordiligly mades' § Which being read, the bill for the division of Hawkins and KnoJc'counr ties,: was I'ead, amended, passed the third time, and ordered to be engrossed. On^motion of Mr. Lewis, and seconded, Mr. M'Min had leave to absent ^ ' himself from the service of this house during the remainder of this session. On motion, Mr. Le.wis was appointed to examine engrossed bills, in the' room of Mr. M'Min^ who has leave of absence. Ordei'ed, that the following message be sent to the house o'f.repi'esetita- tives : Mr. Speaker and Gentlemen, :''•• ■ The senate have appointed Mr. Lew^s to examine engrossed, bills on the part of this house, in the.room of Mr. M'Min, who haa leave of absence. Adjourned till to-morrow 9 o'clock, a. M, 37 THURSDAY, APRIL 21, 1796. MET according to adjourrfnient; Received ff'om the house of representatives, a bill to amend an act es- tablishing a town on Cumberland river, at i!he place called the Bluff, and a bill for the relief of such persons as have or may suffer by their grants, &c.not being registered, 'endorsed, read the second time and passed. > Ordered, that these bills be read, which, being read wers amended and passed the second time. Received also, aliill to appoint commissioners to contract for building a court house, &c. in the county of Montgomery, endorsed, " Read (he third time and passed." Ordered, that this bill be read, -which beitig read,, was passed the third time and ordered to be engrossed. Received from the house of representatives a bill providing for the ap- pointment of electors, to elect a President and Vice President of the United States, and a bill making provision for mistakes in surveys uf land, each> endorsed, " Read the first time and passed." Ordered, that' these bills be read, which being read,virere passed the first time. Received also, a bill to amend' an act entitled an act to' regulate the de- scent of real estates &c. 'endorsed, Read the third time and passed. Ordered, that this bill be read, which being read, was passed the t|iird time, and ordered to be engrossed. Received also, a bill making compensation, to the members, clerks and door keepers of the general assembly, &C. endorsed read the first time and passed. ' Ordered, that this bill be read, which being read, was passed the second time. Received also, a bill ascertaining the number of attornies general, &c. endorsed, read the third time^ amended and passed. * Ordered, that this bill^be read, which being read, was amended, and the following message ordered to be sent to the House of Representatives : Mr. Speaker and Gentlemen, ^ The senate have read, fqr the third ^nd last time, the bill, ascertaining^ the number of attornies general,,&c. and have> amended the same by stri- king out the word 'fort&,' apd inserting ip' lieu thereof, 'thirty,' in the compensation to the sail attornies. If you. agree to this amendment, yo^ will please send two of your members' to see it made. To which message the following answer was received from the house of representatives : ,^ Mr. Speaker and Gentlemen, This house cannot concur with the amendment by you proposed, to the bill ascertaining the number of attornies' general, &c. Received'from the house ot representatives : , The bill to repeal an act to regulate and ascertain the several officers fees &.C. Endorsed, ' Read the third time, amended, and passed. ' 38 Ordered, that this bill be read, which being read, was passed the third time and ordered to be engrossed. Adjourned till 4 o'clock, v. M. THE house met according to adjournment. Received from the house of representatives : A bill for the appropriation of certain monies, &c. Endorsed, ' Read the second tinie, amended, and passed.', Ordered, that this bill be readj! which being, read, was passed the third time. Received from the house of repSfesentatives : A bill directing the mode of petitioning the general assembly foe the di- vision of countless, and the removal of court hojises. Endorsed, ' Read the second time, amended, and passed «- Received also, the bill to regulate the town of Jonesborough, endorsed, ' read the tbird time, amended, and passed ' Ordered, that these bills be readr which being read, the former was passed the second time, and the latter the third time, and ordered to be en- This house having rescinded their amendment to the bill ascertaining the number of altornies general, &c. the same was passed the tbird time, and ordered to be engrossed. Received from the House of Representatives : A bill to prevent the obstruction of the naviga^on of Red River. Received also, a bill to repeal part of the 6l,h section of an act, ' enti- tled, an act ascertaining what property in this Territory shall be deemed taxablej &c. ' ^ Each endorsed, ' Read the second time, amended, and passed.' Ordered, that these bills be read, which being read, were amended, and passed the second time. Adjourned till to-morrow 10 o'clock, a. m. ^ FRIDAY, APRIL 22, 1796. MET according to adjournment. Mr. Lewis from the committee appointed to examine engrossed bills, re- . ported that the following were duly engrossed, viz. An act prescribing the mode of electing the military officers of this state.— An act to ascertain a line between the counties of Knox, Jefier- son, and Sevier. — An act appointing commissioners to contract for the building a court house, prison, and stocks, iij the county of Montgomery, at Clarksville. An act for the apfiropriation of certain monies therein mentioned, and for other purposes. — An act for the relief of such persons as have or may suffer by the loss of the records of the court of equity for the district of Mero. — An act to amend an act entitled an act to regulate the descent of real eBtates,'&c. — And an act for erecting part of the coun- ty of Hawkins and part of. the county of Knox into a separate asd dis- tinct county. Mr. White from the com^mittee appointed to contract with tlie printer for the pubjie printing;, reported, they have agreed with him as follows : For every sheet df the laws,' cootmning . sixteea pages, eight and one- third cents. For every sheetpf the journals of the assembly containing sixteen pages, sixteen and two-third cents. FoF every quire of commissions three dollars. JAMES WHITE; Ch. Which being read, was concurred with. Received from the. house of retpresentattyes, a bill.to. amend an a«t, es- tablishing a town on Cumberland river, a^ tbs place calle4 the Bluff, en- dorsed, read the tl^ird time and passed. •Ordered, th?.t this bill be read, which being read; was passed the third time, and ordered to be engrossed. Received from the house of representatives the following message. Mr. Speaker' and Gentkmen, ' This house propose a fcommittee to estimate the expense of this session of assenubJy; and have nominated Messrs. Henderson, Johnson, Weakley, and Fort, to act with such gentlemen as you shall appoint, a.nd,that the estimate shall be made up until Saturday next inclusive, and no longer. Which being reai, the following answer was returned : Mr. S^ee^ker and Oentletnen, The senate concur with your message rejecting the making up the esti- mate, so far as to appoint a committee, and name Messrs. White and Lew^ is, for that purpose. Received from thefhouee of representative? : A bill making proviSon for mistajtes in surveys of land, endorsed, ' Read the second time, and passed. ' Ordered, that this bill be read, which being read, was amended, and pasbed the second time> Received also, ~ . . A bill providing for the appointment of electors, to elect a President and Vice President of the United States, endorsed, read tb^ second time, amended, and passed. Ordered, that this bill be read, which being read, was amei^ed, and passed the second time. Received from the house of representatives the following message : ' Mr. Speaker and Gentlemen, This house have appointed the following persons justices of- the peace for the several counties hereafter mentioned :- For the county of Blount. — ^Andrew Bogle, Joseph Black, William Davidson, Andrew Miller, William Lowry,,George Ewing. William Wal- lace, Samuel Houston, James Greenaway, Mathew Wallace, WiHiaM Hamilton, John Cochran, John Tremble, Thomas Galafaor, and John Wal- lace. For the county of Carter. Nathaniel Taylor, David M'Nabb, Lan. don Carter, Andrew Greer, Zacbariah Campbell, Guthridge Garlamd, John Vaught, Josefrh Sands, and Reuben Thornton. For the county of Davidson. James Robertson, James Mulherin, Thomas MoUoy, John Nichols, Thomas Smith, Joseph Phillips, Samuel Barton* James Hoggatt, Robert Hays, Elijah Robertson, and Johj^ordan. 40 For the county of Grainger. Thomas Henderson, Elijah Cbisam, James Blair, John Eetis, Phelps Reed, Benjamin M'Carty, James Moore, John Bowen, John Kedwell, John Simms, William Thompson,, and Major Lea. For the county of Greene..—^ — Joseph Hardin, sen. John Wear, Elisha Baker, John Newman, sen. John Morris, Hugh Nellson, William Rankin, Joseph Lusk, Thomas Gillis, Alexander Galbreath, James Penny,- Hugh Brown, James Hays, Mathew Cox, James Mahan, Thomas Praetor, David Copelane, James Anderson, Samuel Wilson, and William Wilson. For the county of flawHns.-rr— George Maxwell, John Long, Nathaniel Henderson, William Arflistrong, Joseph M'Min, Alexander Nelson, Thom- as Jackson, John Gordon, David Larkin, James Berry, Mark 'Mitchell, Thomas Lea, James Lathim, William M'Carty, James Armstrong, Benoni Caldwell, Absalom Looney, John Mitchell, and David Kinkead. For the county of Jefferson.-. George. Doherty, James Roddye, Josiah Jackson, Thomas Snoddy, Garret Fitzgerald, Parmenas Taylor, John Blackburn, Andrew Henderson, Abednigo Inman, John M'Nabb, Abraham .M'Coy, Adam Peck, William Cox, James Wilson, William LjUard, David Stuart, Ebenezer Leath, Joseph M'CuUa, Saninel Jack, Adam Meek, George Evans, James Lea, Alexander Outlaw, and John Goore. For the county of Knox.— — James White, Joseph Greer, John M'Clel- lan, John Adair, George M'Nutt, John Hacket, David Campbell, John Menefee, Nicholas Glbbs, John Sawyers, Samuel Doke, James Cozby, Samuel Flanagan, Jeremiah Jack, and William Doke. For the county of Montgomery. George Bell, Robert Duning, Atnos Bird, Morgan Brown, Robert ' Nelson, George Nevills, William Prince, Robert Prince, Haydon Wells, Timothy Anderson, and William Mitche- son. For the county of JRoSerison.^— William Fort, Isaac Phillips, Charles Miles, William Miles, Benjamin Menefee, John Phillips, Martin Duncan, Baze.l Bowen, Hugh Henry, Zabulon Hubbard, and James Crabtree, sen. For the county cf Sullivan. Samuel Smith, John Anderson, Joseph Wallace, John Scott, David Perry, George Vincent, William Delany, William King, Robert Allison, John Vance, William Nash, Richard Gam- mon, James Gains, George Rutledge, Samuel M'Corkle, John Spurgin, Walter Johnson, Robert Easly, John Yancey and James King. For the county of Sumner. David Wilson, Thomas Donald, James Winchester, James Reesej Edward Douglass, William Cage, Stephen Cantrel, Isaac Walton, Thomas Martin, James Gnin, Withral Lattimore, James Douglass, and David Shelby. For the county of Sevier. — i-John Clack, William Henderson, jon. Rob- ert Calvert, Joshua Gest, Abraham M'Clery, Andrew Cowen, Joseph Vance, Robert Pollock, Adam Wilson, James Riggin, Alexander Mont- gomery, Jesse Griffin, James D. Pttekett,' and Isara Guin. For the county of Washington.— James Stuart, John Tipton, John Wear, John Adams, John Strain, Henry Nelson, Joseph Young, Joseph Crouch, William Nelson, Robert Blair, John Norward, Jessee Payne, Isaac Depugh, Charles M'Cray, Samuel Wood, Jacob Brown, John Alex- ander, John Hammer, and Joseph Britten. Received from the house of representatives the following message : 41 Mr. Speaker and Gentlemen, We herewith send you ^ message received this day from the governor, which has been referred on the part of this house to.a special committee, composed of Mr. I^wis, Mr, Rhea, and Mr. Menefee. Which message is as follows : Mr. Speaker and Gentlemen of the General Assembly, Your session is now near a close, the safety and protection of th^ fron- tiers requires your serious consideration. Tranquility, amity, and miituafl friendship with the neighbouring tribes, is the principal means of secuting the same. Permit me to remind your honorable body 6f the deplorable condition our frontier citizens would be plunged into, should this country unhappily again be involved in a war with a savage nation. The calamities of the last, are recently in our memory, and the spoils and ravages occasioned thereby, are daily presented before us. The rapid emigration into our state is truly flattering ; but a single hos- tility might be the means of occasioning the prospect wholly' to vanish and cease. Many thousands have moved to our government, not many are weal^y, their resources small, and their wants great ; and were they reduced to the melancholy dilemma, of entering into forts and blockhouses, I am assured their condition would be distressing and painful in the ex- treme. Let me remark to you, gentlemen, and I make no doubt you will coin- cide with me in opinion, that a few years peace wouli be the most legal and eligible mode to. reduce our neighbouring tribe to reason and good or- der. The present appearances of Indian affairs have a pacific colour, and should proper methods be^dopted by your legislative interpgsitioi), so as to prevent violation and encroachment, I have no doubt but peace will abound throughout the government. One thing more, I beg leave 'to observe, it is well known to you^ that the brave officers and privates, that composed the army, who performed the last campaign, are still unpaid, from which circumstanced many of our citizens are much embarrassed and disappointed on the occasion. I have lately been advised to go forward to the war office personally, to state the expediency and authority that caused and produced the cam- paign. Now, if the present session of Congress should fail to make pro- visicflii for the payment, I wish to know the sense of the assembly, whether I might be permitted, or not, to go forward at the time of the next session, to lay the same before Congress. It will be a journey . attended with much fatigue and expence ; but nevertheless, I feel it' my indispensable duty to give every aid and assistance in my power, to have the officers and privates duly compensated for their hazardous and toilsoihe services. I have the honor to be, gentlemen. With due respect, Your obedient servant, JOHN SEVIER. Which beipg read, the following message was ordered to be sent to the house of representatives : 42 Mr. Speaker and Gentlemen, The senate concur with you in referring the communication of the gov- ernor ts a Bpecia! committee, a.Bd have named Messrs. Tipton, and Doher- ty for that purpose. Received from the house of representatives, A bill directing the mode of petitioning the general assembly for the di- vision of counties and removal of coiirt-honses. Ordefred, that this bill be read, which being read, was passed the third time and ordered to be engrossed. Received from the House of Representatives, a bill for the relief of such persons as may suffer by their grants, deeds, and mesne conveyances, not being registered, &e. endorsed, read the third time, amended, and Ordered, that this bill be read, which beitg read, was on motion,^ reject- ed. Ordered, that the following message be sent to the house of representa- tives ; Mr. ^peaTier and Qentlemen, The senate concur with you in the appointmeni of the justices of the peace in this state, except the following : In the county of Greene, Samuel Danwoody is appointed in the room of Joseph Lusk, and the name of James Mahan left out of the appointment. In. the county of Sevier, James iM'Mahan is appointed in the room of James D. Puckett. * Received from the bouse of representatives the following message : Mr. Speaker and Qentlemen, This lidnse do not concur With the alteratioiis ta you made in the nomina- tions o( justices, except as to the name of James Mahan, Received from the house of representatives: A bill to prevent the obstruction of the navigation of Red River. Endorsed, "^ read the third time, and passed. ' Ordered, that this bill be readj, Which being read, was passed the third time, and ordered to be engrossed. ' Or^red; that the following message be sent ' tc> the house representa- tives : ' ' . \ Mr. Speaker arid Qentlemen,,, The senate propose meeting you this afternoon in your chamber, for the purpose of electing four electors of President and Vice-President of the United 'Statpsi, and three attornies general. Received from the House ,of Representatives, a bill to provide for the payment of the several salaries therein mentioned. Endorsed, ' read the second time, amended, and passed.' Ordered, that this bill be read, which being read, was passed the third time. Ordered, that the followiDg message be sent to the house of represen- tatives : Mr. Speaker and Gentlemen, The senate propose the following gentlemen as electors of President 48 and Vice Pi'-fesident of the United States, viz : Messrs. Cliiborne, Jqaeph Anderson, Joseph Greer, GriiEtii Rutherford, Cliarlea M'Clung, Hugh NeiIson,'and John Anderson, For attprneyi general in the district of "Washington, Messrs. Hopltins Lacy, John Shields, and John Sevier. For the district of Hamilton, Messrs. Thomas Grey, John Lowr^, and James Jleeae. > For the district of Mero, Messrs. Howell Tatom and |sam PaTlcer. A message from the house of representatives : Mr. Spedker and Gentlemen, We concur with yoiir nfessages respectively, concerning the balloting for electors to elect a President and Vice President of the United States, andfor attornies general. We have added Daniel Smith to the nomina- tion for electors, and havfe appointed Mr. Fort and Mr. Menefee to super- intend the balloting. A message from the House of Representatives : . Mr. Speaker aitd Gentlemen, The senate propose Messrs. Lewis and Frazier to superintend the bal- loting for electors of President and Vice-President of the United States, and attornies general. Mr. Lewis and Mr. Frazier, from the committee appointed to superin- tend the balloting for electors to elect a president and vice-president of the United States, and three attornies general, reported as follows : That Joseph Greer, Daniel Smith, Hugh Neilson, and Joseph Anderson, were duly and constitutionally elected electors of president and vice-pres- ident of the United States — and that Hopkins Lacy was elected attorney general for Washington district — John Lbwrey, attorney general for Ham- ilton district-<^nd, Howell Tatom, attorney general for the district of Mero. Adjourned till to-tnorrow, 9 o'clock, a. u. SATURDAY, APRIL 23, 11^96. Met according to adjournment. Mr. Lewis, from the committee appointed to examine engrossed bills, reported that the following bills were duly engrossed : An act to repeal an act to regulate the several officers fees therein men- tioned, &c. and an act directing the mode of electing the governor and members of- the general assembly- Received from the House of Representatives ; The bill making provision for mistakes in surveys of lands, and A bijl providing for the appointment of electors to elect a President and Vice-President of the United States, Each endorsed, ' read the third time, amended, and passed.' Ordered, that these bills be read, which being read, were passed the third time, and ordered to be engrossed. > Received also, a bill making compensation to the inemberB, clerks and door keepers of the general assembly,' &c. endorsed, read the second time amended, and passed. 44 Ordered, that this bill be read, which being read, was amended, and pECssed the third time. Received from the house of represeatatiras, the report of the commit- tee appointed to contract with 'the printer for the public printing, endors- ed, read and concurred with. - Received from the house of representatives the report bf the committee appointed to take into consideration the message of the governor ; en- dorsed, concurred with. Which is as follows : Mr. Rhea from the committee reported as follows : Your committee to whom was referred the communication from the governor, are of opinion, that an address of the following import be sent to him. * SIR, The general assembly are, with you, fully sensible, that every atten- tion ought to be paid' to the preservation of peace between the frontiers and the neighbouring Indians, and that mutual amity and intercourse should be preserved. It is the hope of this general assembly that no hos- tilities will by any of the citizens of this state be committed against the Indians. And should the Indians again offer violence, and commence war against the people of this state, the general assembly declare their con- fidence in the general government,, that the people will be protected. This general assembly are of opinion, that altho' the payment of the officers and soldeirs, alluded to, is of importance ; yet the absence of the governor from the state might be attended with consequences not pleasing, and think that it will be the duty of the senators and representatives from this state in Congress, to whom the governor will write on that subject, to procure an adjustment and payment of what money may be due on account of that expedition. With yon we join in saying, that peace is a most desirable object for the people of this state ; their safety and population on it do depend. With you it is to take care, that the citteens of this state commit no encroach- ments upon the Indians^ that the conditions of the treaty of Holston be preserved inviolate on the part of this state : And should the Indians be BO tar lost to a sense of their own good and happiness, as to commence hostilities, we have the greatest confidence that you will do those things agreeably to the laws of the Union necessary for the general welfare. JOHN RHEA, Ch. Which being read was concurred with. Received from the house of representatives the following message : Mr. Speaker and Gentlemen, This house upon reading for the third and last time, the ^ bill making compensation to the membeJrs, clerks, and door keepers of the general as- sembly, &c.' have struck out of the second section of the bill, and insert- ed the following, ' Sec. 2. And be it enacted, that the first clerks of the general assembly shall be allowed the sum of two dollars and fifty cents per day for their services. That one dollar and seventy-five cents be al- lowed, per day, to each assistant clerk ; and that the farther allowances b^Jjiade for contingent expences, namely, to Thomas H. Williams twenty- 45 two dollars— to John Sevier, jun. twelve dollara and fifty cents— to George Roulstone, twenty-two dollars— to Nathaniel Buckingham twelve dollara and fifty cents. This house have also added the following as an additional section ; ' Be it enacted, that Hopkins Lacey, be allowed forty dollars for his services as states attorney, for the first superior court held in the state of Tennessee, on the second Tuesday in April, 1796, he being appointed by the court for that purpose, pro tempore.' If you agree to these amendments, you will send two of your members to,Eee them made. > Which being read, was concurred with, and the following message re- turned : Mr. Speaker and Gentlemen, The senate concur with your amendments to, the bill making compensa- tion to the members, clerks, and door-keepers of the general assembly, and name Messrs. Lewis and Rutledge to see them made. On motion, Resolved, that George Roulstone, public printer, shall, within two months after the receipt of the copies of the acts and journals at his of- fice, print five hundred copies of the acts, and one hundred copies of the journals of this general assembly, to be distributed as follows : One copy of the acts and journals to his Ex(^llency the Governor ; one copy to the secretary of State ; one copy to each of the members of this state in Con- gress ; one copy to each of the members of the general ass;^mbly ; one copy to each of the clerks of both houses, one copy to each of the judges of the superior courts ; one copy to the attorney general of each district ; one copy to each of the clerks of the superior courts of law, and court of equity, and county courts ; one copy to the,piajor genei;al ; one copy to the brigadier general of each district. K Also, one copy of the acts to the following persons, to wit : One copy to each justice of the peace in this state ; one copy to each field officer of the militia ; and one copy to each commanding officer of each company. — And the overplus, if any, the said printer is directed to lodge in the office of the secretary of state, for the use of the state. And the printer is hereby directed to transmit the acts and journals for each county for the civil department, to the clerk of each county, who is directed to receipt for the same, and deliver them agreeably to this re- solve ; and those for the militia, to the commanding officer of each county, who is also directed to receipt for the same, an4 deliver them agreeably to this resolve. '***'* Recelred from the house of representatives, the resolution of this house respecting the printer's duty in printing the laws, &c. endorsed, concurred with. Received from the bouse of rep^sentatives, the statement of the treas- urer's accounts, with the report of the committee thereon ; endorsed, con- curred with. Which is as follows : 46 ., Mr. Oafew from the committee of finance, reported the follov/mg state- ment of the public funds : Dph. Cts. The amount of monies rsceived ty the treasurer of } ggg^ gg Washington and Hamilton districts, > By the amount of monies paid out by the above named > treasurer, 1 Balance in the treasury, on which the treasurer's com- i g^g gg mission of five per cent is paid, ) The amount of monies received by the treasurer of > ^g^g gij g.jg Mero district, 5 By the amount of monies paid out by the above named i „. gg g ^^ treasurer, ^ By the amount of said treasurer's commissioD, at five > 108 30 per cent on the said monies paid out, ^ For stationaiy allowed said treasurer, 23 Dols. 2297 33 3-4 Balance in the treasury of Mero district, Dols. 2603 3 9-16 The above accounts settled by Howell Tatom, treasurer of Mero clistrict up to March 18, 1796, as per vouchers, filed inthe secretary's offiee ot this state. Also, by Landon Carter, treasurer of Washington and Hamilton districts, up to April 13, 1796. ALEX. OUTLAW, Ch. Which being read, was concurred with. Ordered, that the following message be sent to the house of representa- tives : Mr. Speaker and Gentlemen, The senate propose to add the name of Benjamin M'Nutt to the nomi- *>• nation of magistrates in the county of Greene. They concur in. leaving out of the appointment the names of Maiian, Puckett, Lusk, and Dun- \yoody. Received from the house of representatives the following message : Mr. ^edker and Gentlemen, This house oannot concur with you in appointing Benjamin M'Nutt a justice of the peace. Mr. Lewis from the committee appointed to examine engrossed bille, reported- that they had examined the following bills, and fou/id them to be duly engrossed, to wit : =» ,. An act directing the mode of preferring memorials to the general as- sembly, for the division of counties, and fixing court hous^ . An act providing forjihe appointment of electors, to elect* a President and Vice President of (he United States, An act to prevent the obstruction of the navigstion of Red river, Sn act to establish the town of Maryville, and for other purposes there- in mentioned. 47 An act for regulating the town of Jonesborongh, &.c. An act ascertaining the number of attornies general,'&c. Au act to jprovide for the payment of the governor's salary, ^c. An act to repeal jpart of the sixth section of an act, entitled " An act ascertaining what property in this state shall be deemed taxable property, passed September 30, 1794. An act making compensation, to the inembers, clerks, and door-keepers, of the general assembly, and for defraying other necessary contingencies. An act making provision for mistakes in surveys of lands, and An act to amend an act entitled an act, establishing a town dh Cumber- land river, at a place called the Bluff, &c. Received from' the house of representative^ the following messages : Mr. Speaker andr Gentlemen, ■ ^ We herewith send you a report of the special committee,^ appointed to report on the communication of the governor; respecting the practicability of opening a w^aggon road, by way, of the warm springs, through the mountains. It is the sense of this house^ that the governor of this state be instructed to inform the governor of South Carolina, that; thia.govern- meut will proceed to make the necessary arrangements -for the completion «, of this object, as soon as the public funds will admit. Mr. Speaker and Gentlemen, The house agree to strike out'the names of those justices of the peace, concerning whom a dissension has arisen, to wit: M'Mahan, Puckett, Lusk and Dunwpody. j. , - ■ , Which beiugTead, were concurred with. •'•'■=' Ordered, that the following message be sent to the house of represen- tatives: ^ Mr. Speaker and Gentlemen, The business of the session being ended, the senate propose adjourning sine die. Received from the house of represeBtatives the following; message : Mr. Speaker and Gentlemen, li^B' i We concur v\^itfa your message proposing an adjournment. The house then adjourned sine die. ^ , JAMES WINCHESTER, S. S. By order of the House, GEORGE ROULSTONB, C. S, IS ESTIMATE ofthe'pdyfofihe members, clerks, and door keepers of the gen- erdl assembly, begun and held at Knoxville, on the ^S(h day of ^drch, 1796. A. 1 D9 ' 6-. ^■ ■o 'S' s\ ^ NAMES; T3 O t-t, o t o o §■ A E ^ CU '&■ cu < Alexander KeHy, 25 $1 75 26 $1 75 $45 50 James Hous^dn, 25 1 75 45 1 75 46 96 Joseph'^Iack, 27 1 75 30 1 75 49 39 Joel Lewis, 27 1 75 400 1 75 75 26 Robert Weakley, 27 1 75 400 1 75 76 25 Seth Lewis, 27 1 75 400 1 75 75 25 Samuel Frazier, 27 1 75 160 I 75 58 45 Joseph Conway, 27 1 75 116 1 75 55 37 John Gass, ',. 27 1 75 150 I 75 57 76 Joseph M'Mln', 16 1 75 160 1 75 39 20 Thomas Henderson, ; 27 1 75 100 1 75 54 25 John Cocke, 27 : 1 75 70 1 75 62 15 George Doherty, 27 1 75 60 1 75 51 45 Alexander Outlaw, 27 . 1 75 100 1 75 64 26 Adam Peck, 27 - 1 76 56 1 75 51 17 James White, 27 1 75 1 75 ,47 25 Johtf Menefea, 27 1 75 1 75 47 25 John Crawford, 27 1 75 1 76 41 25 George' Rutledge, 27' 1 75 240 1 75 64 5 3'ohn Rhea, 27 '5 1 75 240 1 75. 64 6 David Looney, • • 27 ITS- 240 1 76 64 5 James Winchester, 27 1 75 330 1 75 70 36 Stepljen Cantrel, 27 1 75 , 370 1 75 73 15 William Montgomery, 27 1 75 360 1 75 72 45 John Clack, 27 1 75 60 1 75 51 45 Spencer Clack, y2r 1 75 60 1 75 51 45 Samuel Newel, 27 1 75 24 1 75 48 93 James Ford, 27 1 75 440 1 75 78 5 Thomas Johnson, 27 1 15- 400 i r75 ,> 75 25. William Fort, 27 1 75 440 1 75 78 5 John Tipton, 27 1 75 218 1 75 62 61 James Stuart, 27 1 75 200 1 75 61 25 John Blair, '<' ' 27 1 75 186 1 75 60 27 Francis A. Ramsej; clerk to the senate, ■' 7 2 50 17 60 Gepige Roulstone, do, 1. 20 2 50 , 50 49 Nathaniel Buckingham, assistant clerk to do, Allowance to George Roul- slone for contingencies, Allowance to Nathaniel Buckingham for contin- gencies, Thomas H. Williams, clerk house of represen- tatives, Contingencies. John Sevier, jun. assistant clerk. Contingencies, Thomas Boundsj door- keeper to the senate, J. Rhea, door-keeper to the house of represen- tatives. 27 1 76 27 2 60 27 1.76 27 1 75 27 ^m 47 25 22 12 50 67 50 22 47 26 12 50 47 25 ■'■*^ «1,47 25 ' r-A. .. . JOUMAL OF THE HOUSE OF EEPEESEITATIVES' OP THK if*/ STATE OF TENNESSEE, BEGUN AND HKLD AT KNOXVILLE, ON MONDAY, THE 4ff TWENTY-EIGHTH OP MARCH, ONE THOUSAND SEVEN HUNDRED AND NINETY SIX. ..*,» , 'i i KNOXVILLE: PRINTED BY GEORGE ' ROULBTONE, PRINTER TO THE STATE, 1796. NASHVlLIiE: RE PRINTED BY McKENNlE fe BROWN, TRUE WHIG OFFICE. '1852. . f^f, ORDEKED TO BE RE-PRINTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE, OP 1851-'2. JO U RUE OP THE HOUSE OF REPRESENTATIVES OF THE STATE OF TENNESSEE. AT a meeting of the general.ASBembly of the st^tte of TiennesEee,- began and. held at Knoxville, on the 28th day of. March, 1796, being the first session of said, assembly) the following members appeared, produced their ciedenllialsjandi took their Be9,ts,.viz : James Hoaston and Joseph Black, from the county of Blount. Robert Weak)ey-^nd Set^ Lewis, from ^the. county of Davidson. Joseph Cooway and John.Grass, from the county of Greene- *" John Cocke and Thomas Henderson, from the county of Hawkins. Alexander Outlaw and Adam ^eck^ from the coupty of, Jefieison. John Menefee and John Crawford, |i:om the county of Knox. John Rhea and David Looney, fronrthe county, of SuUivan. Spencer Clack and Samuel Newel, from the- county of Sevier. Stephen Cantrell and William Mpntgomeryi from the county of Sumner. Thomas Johnson and William Fort, from>the county of Tennessee. John Blair and James. Stuart, from the county of Washington. The house proceeded to the appointment of a speaker, wbea James Stuart was unanimously chosen and conducted to the .<)hair.- It: was moved by Mr. Rhea, and seconded by Mr. ,Fprt,, that the mem- bers of this house take the path as prescribed by the constit.^tion ; and also the following oath, yj;z : I 4- B. do solemnly swear (or affirm, as the case may be) that I will support the constitution of the state of Tennessee, g. ^^ It was then moved by Mr. Outlaw, secoiide.d by Mr. Foj-t, that the house appoint a clerk, when Thomas H. William'sjwas unKnimqusIy chosen, and qualified accordingly. ** 4- ■ ' . On motion of Mr. Port, seconded by Mr. Cocke, John Sevier was ap- '. pointed assistant clerk. ■ Jolin Rhea was chosen door-keeper. On motion of Mr. Outlaw, seconded by Mr. Fort, resolved, that a com- mittee of five members be appointed to draught and report to this house, what rules are necessary to be observed by the members thereof, and that Messrs. Rhea, Outlaw, Fort, Weakley, and Newel compose said commit- tee. " On motion of Mr. Port, seconded by Mr. Blair, resolved, that a commit- tee of privileges and elections be appointed, and that Messrs! Johnston, Lewis, Cantrell, Houston, and Gass, compose the same. The house then adjourned till to-morrow 9 o'clock, a. m. : TUESDAY, MARCH 29, 1796. THE house met according to adjournment. It was moved by Mr. Port, and seconded by Mr. Rhea, that David Loo- ney, a member from Sullivan county, take the oaths required to be taken by the members of this house. ' The committee to whom it was referred to draught and report what rules are necessary to be observed, by the members of this house, made the fol- lowing report, viz : 1st. Whei^the speaker is in the chair every member may sit with his head covered. 2. Every member shall come into the house with bis head uncovered, and shall continue so at all times but when he sits in his place. 3. The speaker having taken the chair, and a majority of the members being present, the clerk shall read the journal of the preceding day, in order that any mistake may be corrected that may have been made in the entries. 4. While the journal or public papers are reading; or when any mem- ber is speaking, there shall be no interruption, nor shall any member read any printed paper, but the attention of the members is expected. 6. Every member when he speaks, shall, standing in his place, address himself to the speaker (or chairman) as the case may be, who shall give his attention by naming the member. 6. If two or more members rise to speak, at the same time, the speaker shall determine who shall speak first. 7. When any motion shall be before the house, and not properly under- stood, the speaker may explain, but shall not attempt, in any such expla- nation, to sway the house by argument or debate. 8. The speaker, with leave of the house, shall have privilege to speak upon any subject proposed, agreeably to the rules established by the house; provided,r,he speak before the arguments are gone through. 9. A member digressing from the subject, or using personal observation or reflection, may be called to order by the speaker or chairman, or any member of the house. 10. All motions to be committed to , writing and seconded, and handed to the speaker, befdfe the same can be considered in the possession of the ' house, except a motion of course. 11. No questioo to be put upon jnotion, unless seconded. 12. No member'to speak more than twice., without leave of the house, to the same question, unless in a committee of the whole. 13. When a question is before the house, no motion shall be received unless for amendment, for the previous |^uestion, or to commit or to ad- journ. 14. No member to depart the service of the house without leave. 15. It shall be the duty of the speaker (or chairman) to call gentlemen spectators, appearing among the members when in session, by name, to desire them to withdraw to the seats assigned them. All which is submitted, ' ' (Signed) Wm. FORT, Chr. .^ It was moved by Mr. Rhea, seconded by Mr. Newel", that the members of this house take an oath to support the constitution of the Unjted States, which was objected to ; and after some debating thereon was carried in the affirmative, and the following oath prescribed, to yit : I A. B. do solemnly swear (or affirm, as the case may be) that I will j. support the constitution of the United States. ^ On motion of Mr. Fort, seconded by Mr. Rhea, ordered, that the follow- ing message be sent to the senate : Mr. Speaker and Gentlemen of the Senate, The House of Representatives i^ now formed and ready to proceed to the dispatch of public business. . , Mr. Lewis presented a report from Howell Tatom, esq. treasurer of Me- ro district, which being read, was, with sundry vouchers accompanying it, on motion of Mr. Rhea, ordered to lie on the table. On motion of Mr. Fort, seconded by Mr. Rhea, ordered, that the follow- ing message be sent to the senate : Mr- Speaker and Gentlemen of the Senate, The House of Representatives have proceeded to appoint a committee of finance, on the part of this house, to act in conjunction with such of v your body as you may think proper to appoint for that purpose, and have appointed Messrs. Rhea, Weakley, Outlaw, Johnston, and Houston. Received the following .message from the Senate : Mr. Speaker and Gentlemen of (he House of Representatives, The senate is also constituted and ready to proceed to the dispatch of public business, and propose to meet your hou'ae,^at such time and pface as you may appoint, in order to open and publish the returns of the elec- tions, from the several counties for governor, agreeably to the constitution of this state. Ordered, That the following message be sent to the senate : Mr. Speaker and Gentlemen of the Senate, This house agree with you in the meeting proposed for examining the returns of the elections for governor, andpropose to convene in the House of Representatives at half past 12 o'clock. Received ftom the Senate the following message ; Mr. Speaker and Gentlemen of the House cf' Representatives, '. We propose Messrs. Doherty and Tipton, tQ,.act with such gentlemen of -6 your house as you may appoint, as a committee of propositions'and griev- ' ances. On motion, ordered, that the following messag* be sent to the Senate : Mr. Speaker' ancl Gentlemen of the. Senate, This house concur with you in appointing a committee of propositions and grievances, and nominate' on. our- part, Messrs. Lewjs, Fort,JIender- son,fN«>weI< and Black, t» act in conjunction wlth^the gentlemen by. you proposed. Mr. Rhea presented a list of the taxable property of Sullivan, county, for the year 1795, which was received,, and on motion, ordered to lie on the fable. - ^ A return of the taxable property of the county of Davidson was pre- sejitedi by Mr. Lewis, read by the clerk, and ordered to lie on the table. The returns;of the elections for governor, in the several counties, were e;ramined in presence of, both houses, and a majority of votes appearing in favor of citizen John Sevier, he Was accordingly declared to be Regally. and constitutionally elected as governor of the state of Tennessee. A message from the senate : Mr. Speaker and Gentlemen, This house concur with you in appointing a committee of finance, and nominate on the part of this house, INIessrs. Lewis and Rtitledge, to act in conjunction with the gentlemen by you proposed. On potion, ordered, tt^at the following message be sent to the senate : Mr.Speaker and Gentlemen, The House of Representatives have nominated six members, viz, Messrs. Outkw, Blair, COcke, Johnston, Newel, and Fort, to wait on bis excellency John Sevier, and request his attendance in the House of Rep- resentatives, to-morrow at 12 o'clock, to be qualified agreeably to the con- stitution of the state of. Tennessee. A message from the senate : Mr. [Speaker, and Gentlemen, We concur with your last message^ and. appoint on the- part of this house, Messrs. Lewis, Ford^ and Kelly, to wait upon his excellency John Sevier, in company with the gentlemen by you appointed, for the purposes by you mentioned. We also concur with you as to the time and place for the qualification of the governor. Adjourned till to-morrow 9 o'clock, a.m. WEDNESDAY, MARCH 30, 1796. M,et according to adjournment. On motion of Mr. 'Rhea, seconded h^ Mr. Fort, ordered, that the follow- ing message be sent to the >eenate : Mr. Speaker and Gentlemen, The House of Representatives have appointed a committee to report what bills of a public nature may be nece^ary to be broughtforward this session, to'act in conjunction with euch of your body as yew may appoint for that purpose, ^nd have named on their part, Messrs. Houston, Weak- ley, Lewis, Rl^ea, apd Gass, On motion of Mr. Outlaw; seconded by Mr. Fort, ordered, that the fol- lowing message be sent to the Senate : Mr. Speaker and Gentlemen, We propose Messrs. Crawford, Looney, and Black, to act with such of your body as may be appointed, to wait on the judges, and request their attendance in the House of. Representatives, at 12 o'clock, to. qualify, the governor. ' » ' On motion of Mr. Newel, seconded by Mt. Lewis, ordered, that the fol- lowing ittee appointed to report what bills qf a public nat.qre afe necessary to be. brought forward; this session, say, that bills qf the follow- ing import ought, ta bQ introduced, vi? v > . A bill providing for a pUblic revenue. A bill providing for .the electing of representatives to the Congress of the tTnited States. A bili'prQvi'ding for the appointment of elebtgrs, to elect ia President-and Vice Predde'nt of the United'Stsites. ' ' ' A bill to prevent Jhe wilful and maliciousf-killing t)f slaves. A bi]l providing fpr the relief of the pboi-. " • ' A bitl for the estahtishtnent and fSglilatioti pfpublic roada and ferrres. A bill ascertaining the mgde of collecting and accounting for public taxes. ' ' i .■ , . A bill establishing a treasury department. ^i|\ A bitl establishing a secretaigr's department. ' * f ' A bill ascertaining the mode of impeachment and trial of public ofScers. A hill. for altering thetiiiae of holding the several courts of law jthfirein described. " , - . A bill regulating the several officers fees therein mentioned. . A bill to prevent gaming. JOHN TIPTON, Chr. The' foregoing report being read, the house^gonc^rred therewith. : On motion, Jjrderedi that the, following message be sent to the senate,!^ Mr, Speaker, avd Gentlemen, This house coflcurs with ydur message,, as to that Jiart in whiich you concur with the report of the committee you meh'tioni We cannot concur with that part which gives leave to said committee to sit again, but ;pro- pose that they may be' considered a standing committee, to sit on theiT own adjournments, daring the sessbn, if they think proper. ^** Mr. Rhea exhibited some accounts of the sheriff and jailor of Washing- ton county which were read and referred tothe committee»f claims. Mr. Black presented a petition from sundry citizens of. a- place called Tuckaleechee, on .Little. River, praying redress of certain grievances' therein mentioned, which was read and referred to thecomtpittee of pro- positions and grievances. ' A message from the senate : Mr. Speaker and Gentlemini ■ We concur with you in- refeirring the petitions from sundry citizens of 14 14 Washington and Tennessee counties, to'ths committee of propositioila and grievances ; and also that the said committee be a committee of claitDs, and have added Mr. Ford to the said committee. , - » Mr. Rhea moved for leave, and presented a bilHo prevent the wilful and malicious killing of any black person, or person of laixed blood, he or she being a slave, \yhich was read the first time, passe4, and sent to the senate, A message from the seni^te : ^ . Mr. Speaker and Gentlemen, We concur with you in- referring the papers No. 1, 2, 3,4, and &, which accompany your last message', to a special committee, and ap|K>int on the part of this house Mr. Lewis and Mr. White to act ,with the gentlemen by you named for that purpose. ' • On motion^ ordered,'that the door keepei^ be directed to furnish a writing table for this house. ■ - ' ' Received by the way of the senate, the following addt'ess from Citizen Cocke : Gentlemen, I accept of the appointment conferred upon me by the general assembly. It Will be my first, my greatest wish to promote the interest of our com- mon country. . . The honor of serving. a free and enlightened people is truly flattering, and my highest reward wiU consist m my conduct continuing to meet with their approbation. •-■ , , Accept, gentlemen, my respects, WILLIAM COCKE. Adjourned until 3 o^clock, F.iw. A petition of Mr. Joseph Dorris was read and referred to the committee of propositions and grievances. On motion, ordered, that the followitig message be sent to the senate : Mr. Speaker and Gentlemen, This house proposb Me&srs. P^ck, Looney, and Clack, a committee to ^act jointly with such gentlemen as you may appoint, to contract with the printer for the public printing. Mr. Outlaw moved'for leave, and presented a bill to amend an act, enti- tled, 'An act laying, a tax for the year 1795,' which was read the first time, passed and sent to the senate, Mr. Lewis moved for leave and presented a bill providing for the elec- tion of representatives, to represent this state in the Congress of tlie United States, which was read the first time, passed, and sent to the senate. ' A message, from .tiie senate : Mr. speaker and Gentlernenj f Herewith \*e send you the report of the committee of propositions and grievances, with which report this house have concurred. Mr. Tipton from the committee, reported, as follows ; ' Your committee of propositions and grievances, to whom were referred several petitions, do report, that the petition from the county of Tennes- see is reasonable, and ought ta be granted. , That the petition from the 15 upper end of the county d£ Washington is reasonable, and ought to be granted. , , JOHN' TIPTON, Ch. The foregoing message, and report accompanying it, were read and con- curred with. Mr. Johnston moved for leave, and presented a bill to, divide the county of Tennessee into two distinct counties, which wa^ read the first time, passedf, and sent to the senate. Mr. Blair moved for leave,- and presented a bill to divide the. county of Washington iptp two distinct- counties, which was read the ^rst linue, passed, and sent to the' senate. A message from the Senate : , ' Mr. Speaker and Gentlemen, We concur with your messagt); in^apflointing. a committee to contract with the printer for public printing; find appoint bit the part of this botise Messrs. White and Rhtledge, to act with the gentlemen by you named for •that purpose;. Mr. Rhea moved for leave and presented a bill establishin'g the, times of holdiiig the superior courts of law and equity, and inferior 'coiirts of pleas and quarter sessions, which was read the first time, passed, and sent to the senate, . ^ Mr. Menefee moved for leave of absence unti.l Monday 10 o'clock, which Was granted. Adjourned till to-morrow 10 o'clock, a.m. SATURDAY, APRIL 2, 1796. '^ Met according to,adjournmenti. Mr. Rhea moved for leave to- withdraw a bill establishing the times of holding the superior courts of law and.equityj and inferior courts of pleas and sessions. > Received the follov^ing messagefrom the senate : Mr. Speaker ani Gentlemen, Wo propose tbat a transcript from the joUrgalsrelative io the'election of a secretary "for this state, be signed by the speakers of both houses of the general assembly, and attested by their clerks, and be. presented to his excellency the governor, that he may commission the secretary who has been elected. The ^regoing message being read, was rejected! ' , Mr. Outlaw moved for leave a'nd presented a bill to ascertain v^hat property in this state shallbe taxed for the year 1797, which was read the first time, passed ahd sent to the seiiate. Received from the senate the following.biris. A bill to divide the county of Tennessee 'into tvvo distinct dounties, A bill to, divide the county of Washington into two distinct counties. A bill providing for the election of representatives to represent this st,ate in the^Congress of the United States. A bill tcTprevent the mallieious killing of any 1}Iaek person, or person of mixed blood, he or ahe being a 85ave. ' ■ .,. 16 A bjll to ascertain the number of judgss of the superior courts of law and equity, and for fixing their salaries. , An act establishing a treasury department^and An act to amend an act, entitled, ' an act laying a tax for the year 1795.' severally endorsed, ' Read the first time and passed.^ Mr. Blair from the special committee delivered a ixport', which was read and ordered to lie fln. the table, ■ .. ,, Received from th^ senate a claim of James White, ^ndprsed, ' Read and referred to the committee of claims,' which being read was referred as Mr. Rhea moved for leave and presented a bill directing the niode of the'qualication of the secretary of state into office, which was read the first time, passed/and'sent to the senate... Ordefed, that the followifig message be sent to the senate : Mr. Speaier and Gentlem^, yV^ cannot concur vvitli your message, relative to the governor being au- thorised tb cpmnlissjoni the secretary, previous to a law being^jassed, directing the mode of his qualificatioainto office. Kr, Johnston moved for leave fo withdraw for amendment, the. bill to di- vide the county of Tennessee into two distinct counties, which was ^granted. Mr. Blair moveld for leave to withdraw for amendment, the bill to divide the county of Washington into two distinct counties, which was accord- ingly granted. Adjourned till IVIonday morbing 12 o'clock, a. m. MONDAY, APRIL 4, 1796. THE house, njet according tO' adjournment. The bill to prevent the wilful audi malicious killing any black person, or person of mixed blood, he' or she be!ng a slave, was read the second time, amended, passed, and sent to the senate. Mr. Blair, Who had leave to 'Withdraw for amendment, the bill to divide the county of Washington into two' distinct counties, delivered the. same at the cleick|s table wiih the amendments ; whereitpon this bill Was read the second time, amended, pa^sed^and sent to the senate, Mr. Johnston, who had' leave to withdraw fol: amendment, the bill to divide the couHty of Tennessee into two distinct counties, presented the same with its amendments to'the house, which was read the second time, amended, passed and sent tb the senate. ' Received from the senate the two following-bills : A bill to ascertain wliat pfbperty within the state shall be taxed for the year 1797, ahd _ A bill directing the mode of the qualification of the secretary of state into office, each endorsed, ' Read the first time and passed.' Mr. Rhea exhibited sundry accounts of, the Bheriff of Knox county against 'the state, which were read andrefe(Ped. Met according to adjotirnment. Mi-.' Clack moved for leave and presented, a bill, to prevent excessive gaming which was read the first time, passed and sent to the sena|e. Mr.jjtihea moVed for leave to withdraw for am^hdhient, a bill providing for the election of representatives, to represent this state in tbe Congress of the United' States.' ' -, ,; : * . ■ - Mr. Outlaw moved for leave to withdraw the bill to amend the tax law, passed in the year 1795. •■ '' ■ -'^ OrSet«d, that he have leave accordingly, ' A bill directing the mode of the-quajlificatjon of the secretary of state into e)ffic6",.wa'S read the second time, amended, passed, and sent .to the senate. ' ■;• • A'djoumied tilt to-morrow 9 o'clock, a^ m. TUESDAY, APRIL 5, 1796- MET according .to .adjournment. Mr. Rhea moved for leave and prese.nted a bill djjrecting , the mode of electing members, of the general assembly; \rhich was read the ^rstttme, passed, and sent to tbe-sen^te, , Received from the senate the following bills : . A bill to divide the cptinty of Tennessee intp two djstinc^ counties, and A billto divide the county of W'^shiugtpn iqto two distinct counties; each eiidorsed, read t|j|^ second time and passed. Ordered, that these bills be read the third and last time ; whi<;fa being read, were amended, passed, and' returned.- Mr. Rhea, who had leave to withdraw for amendment, th& bill directing the mode of electing representatives to represent this' state iq the odngress of the United States, presented the same with the amendments^ which was read'the secolid time, passed, and sent to the senate. Received from the' senate the following bills : 18 A bill directing the mode of the qualification of .the sicretary of state into ofBce, and A bill to prevent the wilful ^nd malicious killing any black person., or person of mixed blood, he or ^be being u slave, ' each endorsed, ' Read the second time and passed. ' The former of, whicli was ordered to lie on the table, and the, latter was on motion of Mr. Fort, withdrawn for amendment. Mr. Tipton reported as follows : The committee of claipis to ■whom the claim of James White was re- ferred, against the state, for twenty two dollars and one tbRrd, for appre- hending and bringing to Enozville Love Snowden, report, that the same is reasonable and ought to be allowed. JOHN TIPTOlJ.Chr. Endorsed, ' concurred with. ' Received from the senate the follov?ing Ijills : - A bill to suppress excessive gaming. ' ' . • A bill to repeal an act, entitled, 'An act for the relief of such persons as have been disabled by wounds, or rendered incapable of procuring for , themselves and families subsistence in the militia service of this Territo- ry, and providing for the widows and, orphans of such as have died. ' . A bill to amend an act for the promotion of learning in the county of Davidson, and ' .. ' , A bill concerning oaths, &c. severally endorsed, ' Read the fir^pttime and passed. ' Mr. Tipton, from the committee of propositions and grievances, reported as follows : , , - The committee of^propo^tions and grievances having taken under their consideration, the petition of the. inhabitants of that.{>art of Little'^iver, known by the name of Tuekalechee, report, that the same i^ reasonable and ought to be granted. ' JOHN TJPTON, Chr. , Endorsed, ' concurred with..' The foregoing report being read- and concurred with. Mi;.' Black then moved for leave and presented a bill to ascertain the lines between Blount.- and Sevier counties, which was iiead the' first time, passed, and sent to the senate. Mr. Weakley presented a petitiod from sundry .inhabitants of Davidson county, pi;{iying a division thereof, which was read and referred on the part of this house to the committee of propositio'ns and grievances. Mr. Gass moved for leave, and pteaetAei a bill to' preclude persons of a certain description from beitrg admitted as witnesses in ady civil or crimi- nal case in any court within t^is state, which was read the first time.pass- ed and sent to the senate. Mr. Henderson presented a petition from 'sundry citizens of Hatvkins, Kriox, and, JefTerson counties, which was read and referred to the commit- tee of propositions and grievan<:es. • * Adjourned till 3 o'clock, fM. Met according to adjournment. Mr, Johnston, who had leave to withdraw for amendment, the bill estjib- lishing a' treasury department, returned the same with its amendmptits, which was read the second time, passed and sent to the senate. Received from the Eena,te the Mowing bills : 19 Abill>directfng the mode of electing merobera of tfie general assembly. A bill to ascertain the Unes between Blpant and Sevier counties, and A bill to preclude persons of a certain description from beiiig iid'mitted as witnesses, &o. Each endorsed, ' Read the first time and passed. ' Also, a bill providing foi; the election of representatives, to represent this state in tbe congress of the United States. Endorsed, ' Read the second time and passed. ' Adjourned until to-morrow, 9 o'clock, a. m. WEDNESDAY, APRIL 6, 1796. MET according to adjournment. Mr. Houston presented a petitioijl from sundry citizens south of French Broad ; which was read and referred to the committee of propositions and grievances* A bill directing tbe mode of the' qualification of the secretary of state into'ofSce, was fead the third time, passed and s^nt to the senate. Mr. Fort who had lestve to withdraw fdr i^mendment, ,' A (bill tp ascer- tain the number of judges, ■' dip. delivered' it in at the clerk's table', with the amendments ; whereupon this bill was read the second time, amehded, passed, and sent to the senate. . . Received from the senate, a bill establishing a treasury department ; en- dorsed, 'B.ead the setiond time^and passed ; ' which Was ordered to lie on the table until to morrow. A message from the Senate-: Mr. Speaker and GentUmen of ihe House of Representatives, We propose that a committee be appointed to examine engrossed bilk, and have, for that purpose;named'Mr. M'Min, to apt with such gentlenjen ds'you may appoint pa yourpart. The foregoing message being read, was concurre^l withi Mr. Fort who had leave to withdraw for aniendbentr ' A bill to prevent the wilful and, mahcipuff killing of any blank person, or person of mixed blood, he or she being a slave, ' returned the bill; and proposed'the follow- ing, amendment, to follow immediately-after, the la^t seeti-en : 'And be it enacted, ithat an indictment, or indictments, brought against any person ,or persons, for killing a slave as aforesaid, /appearing to be, frivolous or ma- . licie,usi the prosecutor shall pay all coaj:^ accruing on sucht indictment, and a fine not exceeding fifty dollars, which shall be- disposed of as other fines in this state, ' which was received. Mr. Lewis. then offered the'foUowittg in lieui thereof: ' And be it enacted, ' That if on the trial of any indictment brought on this act, the pame sliall appesr to be -frivolous or malicipus,,the prosecutor, in that case, shall pay all Qosts^tbereof ; and shall,, moreover, be liable to aii action on tbe case, at the suit of the party aggrieved, who shall, i'ecov- er damages, to bie. assessed by the verdict of a jury ;, which Was carried in the negative : Whereupon Mr. Lewis called for the yeas and nays, and was seconded by Mr. Cocke, which stood as tullpws : 20 • Against the amendment, Messrs. Black, \ Messrs, Houston, , Blair, - Johnston, Cantrell, Newel, Conway, Outlaw, Crawford, Peck, GasB, Weakley, •Fort, ' In favour of the amendment. Messrs. Clack, Messrs. Looney, Cocke, Menefee, Henderson, ; . Moiitgoiiiery, Lewis',, Rhe». The bill was then, ordered to lie on the table till to-morrow for further cdnsideratipn. Mr. Weakley moved for leave, a.nd introduced a bill to appropriate cer- tain monies, &c. which was read the first time,- passed, and seat to tiie senate. • ' ,' ■ Mr. Outlaw presented a petition from sundry citj^ns of leffer^on coun- ty, praying a divisionHhereof, which was read and refierfed to the commits tee of propositions and grievances. .Adjourned till 3 o'clock, p.m. '■' -f- Met according to adjournment. Ordered, that the following message he sent to the senste ; Mr. Speaker and Gentlemen, We concur with- yon in appointing a committee to examine engrossed bills, and name on our part Mr. Cocke >and Mr. Conway. The bill to amend an act, entitled, ' An act for the promotion of Jearning in the county of Davidson''— also, th? bill concerning oaths, &c. were each read the first time, passed, and sent to the senate. Mr.Cocke moved for leave to withdraw for amendment, a bill to sup- prefes excessive gaming. < A bill to repeal an act, enlitJed, 'An act for the relief of such pejrsons as have been disabled by wounds, ' -&g. was read the secoHd time, passed,^ and sent to the senate. Received from the senate, a bill to amend an act, entitled, ' An apt for establishing a' militia in the state of North' Carolina,' which said act is now in force in this state. ' ' ■ Ordered, that this bili be read^ which being read, was passed the first time and returnfed. ' ' j The bill to ascertain the lines between Blount and Sevier counties, was, on motion of Mr. Newel, ordered to lie on the table until Saturday. A bill providing for the election of representatives to represent this state ill the congress of the United States, was Tead the third time„aniended, passed, and sent to the senate. Received ffom the senate the following bills : 21 ' A. bill cc^ceroing oaths, &c. endorsed, 'read the second time, ^rnej^ded A bill to repeal an act, entitled, 'an act for the rehef of such persons aa ha^e been disal^Ied by wounds, or rendered incapable of procuring for themselves and 'families snbsistance, in the militia service of this Territo- ry, Hnd providing for the widows and orphans gf such as have died,' en- dorsedj ' Read the secopd time and parsed/ A. hill {or,tl^e appropriation of cer^aJn monigs th^ein mentiqned, !^d for other purpcfses-: And a i;il) to appropriate certain monies, each endorsed ' read the first time and passed^' Mr. Fort moyed' for, le.^V;^ to withdraw, for amendtnent, th^ b^l- directing the mode of electing membe% of the general assembly. ■The bill to preclude persons of a certain description from being admit- te'd as witnes^s, in ahy civi,l or crJUsibal case in any court vrithiii this state, was ordered to lie on the, table till tor;rnorrow,. A message from the senate : . , , Mr. ^edcer and Gentlemen, The senate t^ave h^d before iheui, the bill, 'Declaring t^he mode of elect- ing representatives to represent this state in Cdngre^s,' and cannot agree to the amendmeiit by you made id the eecpnd section Cf said bill ; b^t fidr here to their amendment, to wit: 'The first Thursday of August,' and ' the Bifcceeding day,' they are willing to add; If you agree to this . amendment', yoti; will please send two of your memhers, to see the altera-, tions made. Further, as il^ respect^ the secdnd election, the senate pro« P9Se;that said clause be amended, by adding after th« word ' Aiigust,' the words, ' ahd the succeeding day."* Ordered!, that the foregoing message lie on the table until to-morrow. Adjourned till to-morrow 9 o'clock a. m. • ' THURSDAY, APRIL 7, 1796. Mjet according to adjournment. On motion, ordered, that the following message be sent to the senate : ^Mr. Speaker and Gentlemen, We agree to the amendments by yoii proposed, to the. bill directing the mdder of electing represejhtatives to represent thie state in congress, and Messrs. Cocke and Looney will' attend and see the alteration^ made. A bill to appropriate certain monies, was read the second time, passed, and sent to the senate. - ' ' Mr. Rhea moved for leave, and presented a' bill for the amendment of the law, .which was read the first time, passed, and sent to the senate. Mr. Gass moved for jeave to withdraw for amendment, the bill to pre- clude persons of a certain description from being admitted as witnesses in any civij or criminal case, in any court in thjs state. A bill for the appropriation of certain monies therein mentioned, and for other purposes, was read the first time, passed, ^nd sent to the senate, 22 A bill to*fepeal an act, entitled, 'An act for the'rflief of sueb persons as have been disabled by vvqljnds, &c. was read the third time, passed," and sent to the senate. . %' ' . ' r A bill concerning oaths, &'c.'was ordered to lie on the table until to- morrow. Mr. Cocke "moved, and was seconded by Mr. Lewis, that the followiog words, ' And a fine of not exceeding fifty dollars, which shall be disposed of as other fines in this state, ' be stmckout of^Mr. Fort's amendment to the ' bill to prevent the wilful and malicious killidg of any black person, or person of mixed blood, he or she being a slave, which Was objectedto ; and the qaestion being put thereon, was carried in the affir-matiye. Mr. Fort then moved for the whole amendment to be struck out, jwhich was agreed' to< . Mr. Fort moved for leave to withdraw the aforesaid bill for amendment. Received from the .senate the following report : Mr. Tipton reported Els follows^ Your committee of propositions and grievances, to whom was referred the petition of sundry inhabitants south of French Broad, who Uveover the lin^'of experiment, are of opinion that the state cannot grant them any relief. JOHN TIPTON, Ch. Endorsed, concurred with. Thi^house taking . the foregoing report into consideration, concurred therewith. The bill establishing a treasury department, was read the third time, aitiended, .passed and sent tp ttie senate. Mr. Lewis prayed to be withdrawn from the committee of propositions and grievaiices, whiiih was granted ; whereupon, on motion, ordered^ that Mr. Canls-ell be added thereunto^ . , Received from fhe senate the folIoWing bills :' A bill for amendment of the law, Endorsed, "Read the first time and passed." A bill for the appropriation Of certia,in monies therein mentioned, and for oth^r purposesi ' ' Endorsed, " Read the second time amended and passed," Mr, Outlaw, who had leave to withdraw for amendment "a bill to ascer- tain what property in this state shall b^ taxed for the year 1797, and. for colleeting the same," presetited the bill with its amendments, which was received and ordered to lie on the table until to-morrow. Received from the senate, the bill Ascertaining the number of judges, &c. whichwas ordered to lieion the'table for the. third reading to-morrow. Adjourned until 4 o'clpck^F, m: MET according to adjournment. Adjonrnec|,till to-morrow 9 o'clock, A, m. 23 FRIDAY, APRIL 8,- 1796. Met accordiug to adjournment. Agreeably to the order of the day, the bill to ascertain the number of " judges of the superior courts, &c. was read the third time, amended, pitss- ed and sent tp' the senate. Mr'. Fort moVed for leave to withdVaw for amendment, until Monday next,, the bill tO; ascertain what property in this state shall be taxed {or,the year 1797. ' ' " The bill concerning oaths, &c, \(raa teid th0 .second time, amended, passed and sent to thie Wenate. . A bill for the appropriation of certain monies therein mentioned, and for other pijirposes, was on motion with^tawn, for amendment. Ordxre^, that the'fbUowin^. mpssaga be 'sent. to' the senate : Mr. Speaker and Gentlemen, This house propose to proceed to'the appointment of tjiree judges pf the superior courts of law and equity '; 'aiid also two treasurers, one for the districts of Wa^shington ' ;. ,». ^ > ?' . Mr. Montgomery was, on motion, added, to the committee of propositions and grievances. ' ' A messa'ge from the senate : \ . >,; Mr. Speaker arid Gentletrien, The sena^te propose to meet your house in cpnferen ce, to-morrow morn- ing at 9 ^p'cIoqIs, in the representatives' cha^nber, to talteintp consideration the bill to ascertain the number of judges, &C' and if possible to adjust thfr difference. ■:•' i*• ^' afterations made. Received from the senate, a petition of ,suif3ry'inhabittots of Knox . county ; endorsed "read and referred to the committee of propositions &nd grievances ;" which was read and -referrecl in like manner and returned. Mr. Houston mbved to lie withdrawn from the committee of finance, which was granted ; and on nlotion, Mr., Cocke was added thereunto. A' message from the Sedate : i(,Jj|r. Speakefarid GenMemen, * • The senate agree to your message of yesterday, for appointm^ hhree judges-of the superior courts of law and equity, and for two treasurers, > except as^oFthe time of meeting, which we propose to be at 3 o'clock this afternoon, and Jiave>appointed Messrs. Lewis, itnd Frazier to superintend the balloting. ■ Mr. Port, who had leave to withdraw for amendment, the'bill to pre- ven|>-the wilful and malicious killing o^ any black person, 4^c.tretumedthe bill, to -which he proposed the follow|lig amendatory section, ^, Ahdie it enlipte4, '* That if any persons, shall frivolously or maliciously / prpsecute persdns, who shall, upon trial, be apquitted'of the crime alledggd, the prosecutor in that case shall pay all costs, and sha'|jl|'be liable to an laction on >th^ case for damages ; and if such prosecutor shall not have property sufficient to discha.rg0i all costs, jie shall he 'imprisoned twenty ^.days, and then- sold out by the sheriff, to the Mghest bidder, to discharge ■ the same."' ,,^ ^ „ , - * ,,, • 27 ,}. .' Mr. Rhea then, moved iat all'ihe anbsequent part df the 6ki;se, from the word " damages" to be struck obti which caTrie4f " , The bouse adjourned until $ o'clock, F. nc. ' MET according to adjournment. .. ^ Both houses havingtcenvenec)^ in the'^representailifes' chamber, John M'- Nairy, Willie Blount, and Archibald Koane, esquires, were duly aiid coni stitutioBaily elected judgea'Df the snjpierio^ courts of law and equity. ^ And in like manner Latidon Carter was elected treasurer for' the di^trict^'pf Washington and Hamilton, and William Black for the district of Mero. Ordered, that Mn Houston have leave to absent himself Jrom the sendee of this house until, Wednesday next. *^''- f ■ ■' j>^ . AdjSurued till Mdnday l2 o'clock, a. Ui , * i MONDAY, APRIL 11, 1796. THE house met ;^l)9rding to adjournment. A message from the governor : Mr. Spedker,ani Qenthmen of the General Assembly, > < Permit me to, remark to yowr'foiorable body, that our.senatorS are about to proceed to the federal legislature, it Inay not be iifexpedisnt to remind them of the necestsity of taking under i(sonsideratio'n,. flie embarrassed sit- uation claimants of land are tinder, to those lying south of the line con- cludeiion in the {treaty of Holston, and now within thelndian boiihdary. , In my humble opinion, it is a matter of great publip importance,ji.and, particularly interesting to the state and to individuals, to either have the Indian claims extiAgaished, or the adveihurers : compensated for those -lands. ' ' '^'■'- ' '<•-,,', / ' '*' ' I have no doubf but you w^l take' tlie premises under due deliberation, and give your senators such instructions 'as yoq, iq- your wisdom, may deem necessary and advisalile. (Signed^,? •- JOHN SEVIER. Ordered, that the following message be sent to the Senate : Jlfr. Speaker OTid Crentlemeri), * We herewith seiid you a communication we r^elved th||' day from the governofl", which we have referred to a^ select committee, ana have named foi that purpose, Messrs. Rliea, Outlaw^Johnston,, afnd Lewis. A itaebsage from the Senate : *'-\ Mr. Speaker, and Gentlemen, j^ '' ** f^ /The senate) propose that, a transcript , frqm the jdjiirnals of the general^ assembly respecUng the election of. iihe judges of the ^'uperior courts oi ^ law and eqaMy^; be presented to the gov^tnor for his iafornn|atipf ^^^In '.oi'dfer that he may proceed to commission tbe'^gefttlemen elected, andname T^t. Rutledge on the part of this house, to wait ot the governor with the same. The senate also propose, fhat a joint pommiftee^ wait on the! gentlemen . elected judges, and preseint them witjt a traiiscript from the ij^urnaisiiign- ?8 ed by the speakers, riSBpecting their flection ; and hams on our part-Sfr. Tipton. , r? Ordered, that the following message l)e sent to the senate : Mr.', Speaker and Gentlemen, ,. , ^ We concur with your messagg, proposing that a. transcript from tSe journals respecting the election of the judges shoul,d he pTesented,'to the governoR and name on the part of this ^house, Messrs. Jjewis and Cocke, for tliat purpose. We also name Messrs. Johqstop and Port, "to act with tl^e .gentlemen by you proposed to wait on the gentlemen elected jud- ges. '*'■'■.■' ,: A message from the Senate: . ' Mr. Sjpeaker and Gentlemen, ' , ', We herewith send you a resolution In favor of Joseph M'Minn and James White, with which we request your concurrence. * Ordered, that the following messsige be sent to the senate : Mr., ^eaker and d^entlemen, 4 This bou^e cannot concur with your message respecting the mode of allowing payment to Joseph M'Min and James White. * Received from the seliate, a bill to appropriate tiertain monies, endorsed '' read theisecond time atad passed," whidi was read the thifd time, amend- ed, passed and returned. iMr.'Rbea, who had leave to withdraw for amendment " A bill for the pafe keeping of thta acts, records and papers of the state of Tenntssite," returned the bill, 'which' was read the secoiid time, Amended', passed and sent to the senate. Reedved from the senate sundry "petitions from Jefferson oounfy, en- - dorsed "read and refierred to the committee of propositions und grievances," Vhich were read, referred in like manner and returned. ' , A message'from the Serial? ': jfc-. Speaker and Gentlemfin, ' ^ . The senate concur with you in referring the communication of his ex- eelletlCy'the governor, of this day to a select committee, and name Messrs. M'Minn, Lewis, Tipton an!J^*Rutledgi;, on our 'part. Adjourned until 4 o'clock, "T.M. s v" ■ k ' , > ' <}'•■■'" ' ■ • Met acC(^3i»ig to adjournment. »* ' Kedeiyed from the senate, a. bill to amend van .ac| for the^romoti^ of learning in the county of Davidson, endorsed "read the second, time, amended and passed." ■■ ' ** " Ordered, that Mr,, Cra'^ford have leave of 'absence ijntil Thui'sday tfext. Recejyeil' from the senate, a bill directing the mode of--»qi)falifying petit jijrors and conBtablSs, ettdorsed " Read tl5e tWrd time, amended and pass- ed." A bill to ascertain the lines between BloDdt and Sevier eouttties, endorsed " read the'second time'attd passed," • - • Orfered, that this*bin be Tead, Avhich being read,-*was passed ^he third time and returned. ■ . , , , * ,>^ ' '■ .■'.->■. Mr. Jtihtiston movetfor leave ind presehted a .bill for estiblishing a 29 town in Robertson county, which was read the. first time, passed, and sent to the senate. Mr. Lewis presented a remonstrance from Andrew Jacicson, which was read and referred to the committee of claims. Also a petition from sundry citizens of Nashville, which was read and referred to the committee of propositions and grievances. On motion of Mr. Wealsley, seconded by Mr. Newell, Resohed, that no bills either of a 'pablip or a private nature be received after Saturday next. Ordered,' that the following message be sent to the senate : -* Mr. Speaker' and>^entlemen, . We herewith send you a resolution entered into by this house, with which your concurrence is requested. Mr. Cantrell, vi^ho had leave to withdraw for amendment the bill for the appropriation of certain monies therein mentioned, and for other purposes; returned the bill with its amendments, was received, and ordered to lie on the table until to-morrovv. Mr. Fort, who had leave to withdraw Tor amendment the bill directing the mode of electing member; of the general assembly, returned the billi which with its a^^endments was received, and ordered to be read. Mr. Johnston rapved, that the word "defendant," in the last line of the seventh section be struck out, and the word "plaintiff" inserte^. This being objected to, the question was put, and it was carried ; to which Mr. Rhea, in behalf of himself and others, entered the lollolving protest, ' " On this question a discent is entered, because it obliges the plaintiff to prove a negative." * John Rhea, Seth Lewis. John Cocke, .^ Mr. Rhea thenprc^osed the following* amendment to be added to the fourth section ; "• . " And if any person shall swear falsely in this case, on conviction there- of, he shall ^fferthe pains sfnd pftialtres of wilful and corrupt perjury," which was received. ' The bill was then read the second time,. amended^- passed and, sent to the senate. Mr. Johnston, who had leave to withdraw for amendment the bill pre- scribing the mode of electing military oncers, returned the bill, which was received, and ordered to lie on the table until to morrow. . . Adjourned till to-morrow 12 o'clock, a. m. ' I TUESDAY, APRIL 12, 1796- Met according to adjournment. Mr. Newel presented a petition from sundry inhabitants of Seyier,cnunty, which was read and referred to the committee of propositions and' griev- ances. Mr. Johnson from the select committee, reported as follows : ^j - Your committee to whom the communication from the governor, relatfve to the lands south of the line of the ti'eaty of Holston, claimed by grantees 15 under North Carolina, was referred, do recommend the following resolu- tion : ' Re:$olved, that it be an instruction to the senators and representatives of this state, in the Congress of the United States, to state to that body, th^t it is essential to the preservation of peace, between the Indian tribes and the United States, that measures be, by them, taken to relieve and quiet the grantees of lands under the state of North Carolina, the possession of which is giaranteed to the Indians by treaty, which claim we wish ex- tinguished, and the claimants put in peaceable possession of their lands. THOMAS 'JOHNSON, Ch. The foregoing report being read, was concurred with. A bill to amend an act for the promotion of learning in tlie county of Davidson, was read the second time, amended, passed and sent to the senate. Adjourned until to-morrow, 10 o'clock, a.m. WEDNESDAY, APRIL 13, 1796. MET according to adjournment, < Mr. Newel moved for leave and introduced "A bill to encourage the killing of wolves," Which was read the first time, passed and sent to the senate. Mr. Montgomery presented a bill appointing conlmissioners. and trustees, the former to fix on a place in the county of Sumner, and the latter to pur- chase it, to erect a court-house, prison and stocks, and establish a town therein. Which was read the first time, passed and sent to the senate. Mr. Gass, .who had leave to withdraw for amendment the bill to pre- clude persons of a certain description from being admitted as witnesses, iSz.c. returned the bill with its amendments, which was received and or- dered to lie on the table. * ' •; Received from the senate : ' ; A bill to amend an act for the promotion of learning in Davidson county. Endorsed " Read the third time, amended and passed." ^ ' Ordered, that this bill be read, which , being "read, was passed the third time and ordered to be engrossed. Mr. Johnson presented a remonstrance from David Smith, which was res^d and referred to the committee of claims. ^ Received from the senatie.: A bill making compensation for the members, clerks Jtnd door-keepers of the general assembly, and for defrajring othei necessary contingencies. Endorsed, "Read .the first time and passed." Ordered, that this bill be read, which being read, was passed the first time and returned. Mr.Rhea movedfor leave, and introduced a bill for amendment of the law respecting public roads and ferries, ' Which was reao the first time, passed and sent to the sedate. ' Received from the senate, A bill to amend an act now in force in this state, 31 Endorsed " Read the second time, amended and passed." Which was on motion of Mr. Fort withdrawn for amendment. Mr. Johnson moved for leave to introduce a bill establishing a town by the name of Palmyra, , ■ Which was read the first time,'passed and sent, to the senate. Received from the senate, , A bill for establishing a town in Robertson county. Endorsed *' Read the first time and passed;" Mr. Lewis moved for leave, and presented a bill for the relief of such persons as have or may suffer by the loss of the records bf the court of equity, for the district of Mero, '. Which was read the! first time, passed and sent to the senate. Received from the senate the following reports, Each endorsed, " Concurred with." Your committee to whom was referred a petition from the inhabitants of Davidson county, are of opinion, that the same be laid over until the next general assembly. » JOHN TIPTON, Ch. Your committee to whom was referred the petition of Charles Robert- son, esq. of the town of Jonesborough, having taken the same under their consideration, report that the same ought not to be allowed, for, reason of but one signer to said petition. JOHN TIPTON, Ch. Your committee to wh(^m was referred several petitions from the inhab- itants of Jefferson counl^, upon several subjects, are of opinion, that all pelitions'^'om the inhabitants of said county be laid over until the next general assembly, only such as respect the division of said county, JOHN TIPTON, Ch. The foregoing reports being- reid, the^ two former were Concurred with •by this house, and'the latter rejected : Whereupon, Ordered, that the following message be sent to the senate : Mr. Spedk^'and Gentlemen, " * ^ W^ cannot concur with your message respecting the report of the com- mittee of propositions and grievance, upon the petitions from the citizens ■of Jefferson county. " ' ■'^, A bill for amendm^t of the Jaw was read the second time, amended, passed and sent to the senate. Received from the senate, A petition from sundry citizens of Knox county, ^ Endorsed, " Rfcad and referred to the committee of propositiojis and grievances," which was readf j^fierred in like manner afld returned. Received from the senate the following bills^;,- A bill for the relief of such persons as have or may suffer, by the loss of the records of the court of equity for the district of Mero. A bill to encourage the killing of vsfolyes, A bill ap^oijiting commissioiiers and trustees, &c. A bill estabfishing a tdwn by the name of Paln^ra. And a bill for the amendment of the law respecting public roads and fer- ries.**- ' ' ' , , Severally endorsed, " Reacl the first time and passed." , 1 32 Mr. Fort, who had leave to withdraw for amendment, the bill to ascer- tain what property in this state shall be taxed for the year 1797, returned the bill, which was, on motion, referred to a special committee composed of Messrs. Rhea, Lewis and Outlaw. Ordered, that the following message be sent to the senate : Mr. Speaker and Gentlemen, * This house have referred, the bill ascertaining what property in this state shall be taxed for the year 1797, to a special committee composed on our part of Messrs. Rhea, Lewie and Outlaw, to act jointly with such of your body as you may name for that purpose. Mr. Johnson who had leave to withdraw for amendment the " bill pre- scribing the mode of electing the military officers of this state," returned the bill, which, with its amendments was received, read the second time, passed and sent to the senate. Adjourned till 4 o'clock, f, m. Met according to adjournment. The bill for establishing a town in Robertson county, by the name of Springfield, Was read the second time, amended, passed and sent to the senate. A message from the Senate : Mr. Speaker and Gentlemen, The seiiate concur with yon in referring " the bill ascertaining what property in this state shall be taxed for the year 1797," and name on our part Messrs. Doherty, White and Rutledge. A bill concerning oaths, &c. was read, and on motion of Mr^ Fort, was laid over until the next general asBembly. Ordered, That the following message be sent to the senate : Mr. Speaker and Gentlemen, We have added Messrs. Weakley, Conway and Johnson, to the com- mittee to whom is referred the bill ascertaining what property in this slate shall be taxed for the year 1797. Mr. Newel moved for leave to withdraw for amendment " A bill ascer- ^j, taining a line between Knox, JefiTerson and Sevier. Adjourned till to-morrow 10 o'clock A. m. ., THURSDAY, APRIL 14, 1796. Met according to adjournment. A bill establishing a town by the name of Palmyra, was read the second time, passed, and sent to the senate. A bill appointing ccimmissioners and trustees, &c. was i;fad the second time, passed and sent to the senate. The bill to encourage the killing of wolves, was read the second time, amended, passed, and sent to the senate. Received from the senate. The knemorial of James Conner, 33, Endorse4, ' Read and referred to the committee of propositions and grievances,' which was read, referred in like manner and returned. Mr. lilontgomery presented the petitjign of Joshua Hadley, Which being read,* waa referred fib the committee of propositions and, grtevanees. Received from the senate. The following reports of the committee of propositions and grievances, Each endorsed, ' concurred with.' Your committee to whom was referred sundry petitions from the inhab- itants of Jefferson county are of opinion, that, all petitions relative to siad county be laid over until the next general Assembly. JOHN TIPTON, Ch. Your committee to whom was referred the petitions from the inhabitants of Sevier county, are of opinion, that the petitions relative.to said county be laid over until the next general assembly. JOHN TIPTON, Ch, The foregoing reports being read, the former was concurred with, and the latter rejected ; whereupon. Ordered, that the following message be sent to the senate : Mr. Speaker and Gentlemen, The house of representatives cannot concur with the report of the com- mittee of propositions and grievances, upon the petitions from Sevier county. Mr. Newel moved for leave and introduced, a bill to appoint commission- ers to fix on a place to erect a court-house, prison and stocks, in Sevier county. Which was read the first time, passed and sent to the senate. Mr. Fort moved for leave to withdraw for amendment, a bill respecting public roads and ferries. Received from the senate, A bill prescribing the mode of electing the military officers of this state, Endorsed, ' Read the second time, amended and passed.' Ordered, that this bill be readj which, being read, was ajETiended, passed the third time and sent to the senate. Also, a bill establishing a town in Robertson county, ^ i^- Endorsed, ' Read the second time and passed.' Which was read the third time, amended, passed and returned. ,^ Likewise the following bills : A bill establishing a town by the name of Palmyra, Endorsed, ' Read the second time and passed,' A bill allowing writs of error in certain cases and for other purposes. Endorsed, ' Read the second time amended and passed. Adjourned tilt^ o'clock, f. u. ■ 'ii- Met according to adjournment. '' ' The bill to preclude persons of a certain description from being admitted as witnesses', &c. was then taken upi to which Mr. Gass proposed the fol- lowing amendment: A bill ' Imposing a fine on persons who' pnbljcly deny the being c^f a God^ ittid a future state of rewards and punishments, who publicly denies the divine authority of the Old and New Testaments.' 34 ' Be it enacted by the general assembly of the state of Tennessee, that from and after the passing of this act, if any person in this state shalt publicly deny the being of a God, and a future state of rewards and pun- ishments, or shall publicly deny the divine authority of the Old and New Testaments, on being convicted thereof, by the testimony of two witnesses, shall forfeit and pay the sum of , dollars for every such offence, to be applied to the use of the county in which the ofTence shall have been committed ; to be recovered as an action of debt before any jurisdiction having cognizance thereof.' The foregoing amendment being received, the question was taken on the passage of the amended bill which was carried : Whereupon the yeas and nays were called upon by Mr. Johnston and Mr^ Gass, which stood as follows : For the passage of the bill. Yeas. Messrs. Blair, Black, Conway, Clack, Crawford, Gass, Houston, Johnson, Looney, Montgomery, Newel, Outlaw, Peck, and Weakley — 14. Nays. — Messrs. Cantrell, Cocke, Fort, Henderson, Lewis, Menefee, Rhea.— 7. '- Mr. Lewis entered the following protest : To this questiqn we enter our dissent, as we conceive the law to be an inferior species of persecution, which is always a violation of the law of nature ; and also, that it is a violation of our constitution. Messrs. Seth^ewis, .Tohn Cocke, William Fort, John Rhea, Stephen Citntrel, John Menefee, and Thomas Henderson. ' Adjourned till to-morrow 10 o'clock, a, m. FRIDAY, APRIL 15, 1796. Met according to adjournment. Received from the Senate the following bills : A bill to provide for the safe keeping of the acts and records of the state. Endorsed, ' Read the second time, amended, and passed.' A bill appointing commissioners to fix on a place to erect a court house, prison and stocks^ in Sevier county, Endorsed, ' Read the first time and passed.' Also, a bill for changing the place of holding courts in Jefferson county, Endorsed, ' Read the first time and piissed,' Orc^erei, that this bill be read, which being read, was passed the. first time and returned.' ^j' Mr. Weakley moved fqr leave and introduced a, bill to regulate the sev- eral officers fees therein, mentioned. Whjch was read the first time, passed and sent to the senate. Received from the senate. The bill establishing a town in Sumner county, Endorsed, ' Read the second time, amended, and passed.' ^he bill was then read for the third time, amended, passed, and returned. Mr. Lewis presented the petition''of Daniel Rowan, which was read and referred to the committee of propositions and grievances. 35 Mr. Fort who had leave to withdraw for amendment,' the bill concerning public roads and ferries, returned the bill. Which was read the second time, amended, passed and sent to the sen- ate. ' ' J Received from the senate, the following^ reports from the committee of propositions and grievances, each endorsed' Concurred with.' ■; Your committee to whom was referred the petition of Daniel Rowan, are of opinion that the same lie over until the next general assembly. JOHN TIPTON, Ch. Your committee to whom was referred a petition relative to distempered cattle, are of opinion that the same is reasonable and that a bill be brought forward for that purpose. > JOHN TIPTON, jCh. Your committee having taken under their consideration the memorial of James Conner, are of opitiioii that it is reasonable and that a bill for his relief be brought forward. ' JOHN TIPTON, Ch. The foregoing reports .being read, were concurred with. Received from the senate, the {)ill directing the mode of electing mem- bers of the general assembly, endorsed, ' read the second time, amended, and passed.' The bill establishing a town by the name of Palmyra, was read the third time, amended, passed, and sent to the senatb., Received from the senate, the bill respecting puhlic roads and ferries, endorsed, 'read the second time, amended, and passed.' A bill for the relief of. such persons as have pr may'suffer by the lossj, of the records of the court of equity for the district of Mero, was read the second time, amended, passed and sent to the senate. Adjourned till 4 o'clock, p. m. Met according to adjournment. Mr. Lewis moved for leave and introduced a bill to repeal the forty-eighth section of an act, passed at Edenton in the ye'ar 1741, entitled, ' An act concerning servants and slaves,' which was read the first time,, passe4,and sent to the senate. Received from the senate the following reports, endorsed, ' Concurred with,' . - . ■■ Your committee to whom was referred the petition of Joshua Hadley, consider that the same is reasonable and ought to be granted, and reoogi- mend that a bill remitting fines and forfeitures with respect to lands, held by non-residents of this slate should be passed. JOHN TIPTON, Ch. • Your committee having taken under consideration the petition from the citizens of Nashvute, report generalljr in'i favour of the petition. ■ . •; JOHN TIPTON, Ch. , Your committee to whom was referred the remonstrance of David Smith, are of opinion that the same be laid over until the next general as- gembly. ■ JOHN TIPTON, Ch. The above reports being read, were each concurred with bythi^ house. Adjourned till to-morrow 10 o'clock, a. m. 86 SATURDAY, APRIL 16, 1796. Met according to adjournment. Mr. Fort moved, for leave and presented a bill appointing commissioners to contract for the building a court house, prison, and stocks, in Montgom- ery county, which was read the first time, passed, and sent to the senate. Mr. Cantreli introduced a bill to regulate the discent of real estates, which was read the first time, passed, and sent to the senate. Mr. Black moved for leave and presented a bill to establish the town of Maryville, in the county of Blount, and tor other purposes therein men- tioned, which was read the first time, passed and sent to the senate. Mr. Outlaw moved for leave and presented the following bills : A bill directing the mode of petitroning the general assembly for the division of counties and the removal of court-houses ; A bill to annex part of Jefferson county to the county of Hawkins, and to ascertain the lines of Jefferson county, which were received, and on motion withdrawn for amendment. Received from the senate, a bill to repeal part of the sixth section of an act, entitled, ' An act ascertaining what property in this Territory shall be deemed taxable property, passed September 30th, 1794.' Also — the bill regulating the several officers fees therein meptioned, each endor8,ed,' rea^ the first time and passed,' Ordered, that Mr. Peck have leave to absent himself from the service of this house until Mqnday 4 o'clock, p. m. " Adjourned till 4 o'clock, p. m. Mr. Houston moved for leave and introduced a bill ascertaining the number of Attornies-General, fixing their salaries, and directing their duty in office, which was read the first time passed and sent to the senate. Mr. Fort moved for leave and presented a bill, making compensatioD to Andrew Jackson for his services as Attorney-General, for the district of Mero. Mr. Lewis moved for leave and presented a bill to amend an act estab- lishing a town on Cumberland river at a place called the Blufis, near the French Lick, and for other purposes. Ordered, that these bills be read, which being read were passed the first time, and sent to the senate. Received from the senate, the following report of the committee of claims, endorsed, ' concurred with.' Your committee, to whom was referred the remonstrance of Andrew Jackson, are of opinion, that a reasonable compensation from the time of the organizatioljf of the Territorial government, until the year 1790 is reasonable, and ought to be granted. JOHN TIPTON, Ch. The foregoing report Deing read, was concurred with by this house. Mr. Fort moved for leave and presented, ' A bill to prevent the obstruc- tion of the navigation of Red river ;' which was read the first time, pass- ed, and sent to the senate. Mr. Cqcke who had leave to withdraw for amendment the bill to divide Hawkins county, returned the bill, which was read the second lime in this house, amended, passed, and sent to the senate. 37 Mr. Blair moved for leave and introduced a bill to appoint commiBsion- ers for regulating the tbwn of JoneBborough, in the county of Washing- ton, superintending the building or repairing the court-house, prison, and stocks, which was read the first time , passed, and sent to the senate. The bill to repeal part of the sixth section of the tax law, passed in 1794, was read, passed the first time, and returned. Mr. Houston moved for leave and presented a bill making provision for mistakes in surveys of land, which was received. Mr. Outlaw moved for leave and introduced the following bilU : ' A bill to empower the several county courts in this state to lay a tax for t^e .contingent charges of said counties.' ' A bill to facilitate the navigation of the several rivers and navigable streams therein mentioned.' ' A bill making allowance to Savid Smith fo^ cash expended in defence Qf this state.' ' A bill for paying the sheriffi and other officers in this state for services performed and- monies expended by them for the use of the, temporary gov- ernment for the years 1791, 2, 3, 4, and 5,' these bills were severally, re- ceived, and on motion withdrawn for amendment. '■ Mr. Rhea moved for leave and presented ' A bill giving further time to register gr&.nts, deeds, and mesne conveyances, ' which was received, and on motion withdrawn for amendment. Received from the senate 'A bill to provide for the payment of the sev- eral officers fees therein mentioned.' ' A bill for altering the placea of holding the superior courts of law and equity for the district of Washington, ' each endorsed, 'read the first time and passed. ' Ordered that ihese bills be read, which being read were passed the first time in this house and returned. Mr. Cantrell moved for leave and introduced ' a bill t.Q repeal an act, en- titled, ' an act to alter the mode of punishing horse stealing, also to repeal an act, entitled, ' an act tp prevent horse stealing,', which was received, and on motion withdrawn for amendment. Received from the Senate the following bills : .i A bill to repeal the fourth section of an act passed at Knoxville the 29th day' of September 1794, entitled, ' an act establishing courts of law and for regulating the proceedings therein, and lor other purposes therein mentioned.' ' A bill to repeal the forty eighth section of an act, passed at Edenton, in the year 1741, entitled, ' an act concerning servants and slaves,'— ^a bill '* to prevent the obstruction of the navigation of Red River — and a bill es- tablishing the town of Maryville, severally endorsed, read the first time and passed. * Mr. Newell, who had leave to withdraw for amendment, the bill to as- certain a line between Knox, Jefferson, and Sevier comities, returned the bill amended, which was received, and ordered- to lie on the table until Monday. Adjourned, tin Monday 10 o'clbck, a. m. 38 MONDAY, APRIL 18, 1796. THE house met according to adjournment. Received from the senate the following bills : A bill making compensation to Andrew Jackson, for his services as at- torney general for the district of Mero, and a bill ascertaining the number of atlornies general, &c. each endorsed, read the first time and parsed. Mr. Cantrell, who had leave to withdraw for amendment, the bill to re- peal an act directing the mode of punishing horse stealing, returned the bill which was read the first time and passed. Ordered, that the following messagefbe sent to the senate : * Mr. Speaker and Gentlemen, This house propose, that the committee appointed to ieontract with the printer, do engage him to print five hundred blank commissions for militia officers, and fourteen blank commissions, to be each filled up with the names of justices of the peace, in each county, respectively, which is sent to you for your concurrence. Received from the senate, the bill to divide Hawkins county, endorsed, read the second time, amended, and passed — which being read, was passed the third time and returned. ' Received also the bill to appoint commissioners for regulating the town of Jondsborough, endorsed, read the first time and passed,' which was, on motion of Mr. Rhea, withdrawn for amendment. Tlie'bill to establish the town of Maryville, was read the second time and passed. Received from the senate the following bills : A bill to appoint commissioners to contract for building a court house, &c. in the county of Montgomery, and a bill establishing courts of pleas and quarter sessions, in the different counties in this state, each endorsed, read the first time and passed. Ordered, that these bills be read ; which being read, were passed the second time. Received also, a bill to amend an act establishing a town on Cumber- land river, at the place called the Bluff, endorsed, 'Read the' first time and passed ' — which was, on motion of Mr. Lewis, withdrawn for amendment. Also, a bill to regulate the descent of real estates, endorsed, read the first ,time and passed. * A bill for allowihg "writs of error, &c. and a bill respecting public roads and ferries, were each read the third time, amended and passed. Received from the sepate the following message : Mr. Speakei- The bill to amend an act establishing a town on Cumberland river, at a place called the Blufi", endorsed " read the second time and passed." Ordered^ thaX this bill be read, which being read, was passed the third time and returned. A message from the senate : Mr. Speaker and Gentlemen, The senate have appointed Mr. Lewis to examine engrossed, bills on the part of this house, in the room of Mr. M'Min, who has leave of absence. The foregoing message'was read and concurred with. Mr. FoTt who had leave to withdraw for aitaendment the bill to prevent the obstruction of the navigation of Red river, returned the bill, which, with its amendments was received ;iiead the second time in this house,, passed and sent to the senate. The bill for the regulation of- the town of Jonesborough, was rtjad the third lime, amended, passed and sent to tlfe senate. 44 A message from the Senate : Mr. Speaker and Qen^Umen^ The senate have read for the thiril and last time, the bill ascertaining the number of attornies general, &c. and have amended the same by strik- iHg out the word " forty" and inserting in lieu thereof "thirty," in the compensation to the said attornies. If you agree to this amendment, you will please send two of yoar members to see it made. Ordered, that the following message he sent to the senate : Mr. Speaker altd Gentlemen, This house cannot concur with the amendment by you proposed, -to the bill ascertaining the number of attorniea general. Received from the senate, the bill giving further time to register grants, deedsj^&c. endorsed "read the second time, amended and passed," which was read the third time in this house, amended, parsed and returned- A bill directing the mode of petitioning ths general assembly for the division of counties and removal of court-hooses, was read the second time, amended and passed. Received also, a bill making compensation to the members, clerks and door-keepers of the general assembly, &c. endorsed, read the second time and passed. Which was read the second time, amended, passed and sent to the senate. Received also, a bill to ascertain what property in this territory Bhall be deemed taxable. Sua. passed September 3S0, 1794. Endorsed, read the second time, amended and passed-. Ordered, that this bill be read, which being readj was }>asEed the second time. A bill providing for the, appointment of electors to elect a President and Vice President of the United States, was read the second time, amended, passed and sent to the senate. The bill making provision for mistakes in surveys of lands, was read the second time, and passed. Received from the senate, a bill for the appropriation of certain- monies, &c. endorsed " Read the third time, ametided and passed." Or&rei, that this bill be read, which being read, was passed the third time arid ordered to be engrossed. Adjourned till to-morrow 10 o'clock, a. Bi. FRIDAY, APRIL 22, 1796. Met according to adjournment. Ordered, that the following message be sent to the senate : Mr. Speaker and Gentlemen, t- This hottse have appointed the following persons justices of the peace for the several counties hereafter mentioned^ For the county of BlourU. Andrew Bogle, Joseph Black, William Davidson, Andrew Miller, William Lowryj George Ewihg. William Wal- lace,, Samuel Houston, James Greenaway, MathSw Wallace, William 45 Hamilton, John Cochran, John Tremble, Thomas Galahor, and John Wal- lace. ^ For the county of Carter. Nathaniel Taylor, David M'Nabb, Lan- dlin Carter, Andrew Greer, Zachariah Campbell, Guthridge Garland, Johh Yaught, Joseph Sands, and Reuben Thornton. For the county of Davidson James Robertson, James Mulhcrin, Thomas MoUoy, John Nichols, Thomas Smith, Joseph Phillips, Samuel Bartoii, James Hoggatt, Robert Hays, Elijah Robertson, and John Gordan. For (he (county of Grainger. Thomas Henderson, Elijah Chisum, James Blair, John Estia, Fhelps Reed, Benjamin M'Carty, James Moore, John Bowen, John Kedwell, John Simms, William Thompson, and Major Lea. For the county of Greene.— ^Joseph Hardin, sen. John Wear, Elisha Baker, John Newman, sen. John Morris,' Hugh Neilson, William Rahkin, Joseph Lusk, Thomas Gillis, Alexander Galbredth, James Penny, Hugh Brown, James Hays, Mathew dox, James Mahlrn, Thomas Praetor, David COpelane, James Anderson, Samuel Wilson, and William Wilson. For the county of Hawkins. George Maxwell, John' Long, Nathaniel Henderson, William Arrnstrong, Joseph M'Min, Alexander Nelson, Thonj- as Jackson, John Gordon, David Larkin, James Berry, Mark Mitchell, Thomas Lea, James Lathim, William M'Carty, James Armstrong, Benonl Caldwell, Absalom Looney, John Mitchell, and David Kinkeid. For the comity of Jefferson. -George Dbberty, James Roddy'd, Josia'h Jackson, Thomas Snoddy, Garret Fitzgerald, Parmenas Taylor, John Blackburn, Andrew Henderson, Abednigo Inman, John M'Nabb, Abraham M'Coy, Adam Peck, William Cox, James Wilson, William Lillard, David Stuart, Ebenezer Leath, Joseph M'Culla, Samuel Jack, Adam Meek, George Evans, James Lea, Alexander Outlaw, and John Gobre. For the county of Knox. James White, Joseph Greer, John M'Clel- lan, John Adair, George M'Nutt, John Hacket, David . Campbell, John Menefee, Nicholas Gibbs, John Sawyers, Samuel Dokej James Cozby, Samuel Flanagan, Jeremiah Jack, and William Doke. Far the county of Mentgotnery. — —George Bell, Robert Duning, Amos Bird, Morgan- Brown, Robert Nelson, George Nevills, William Piince, Robert Prince, Haydon Wells, Timothy Anderson, and William Mitche- son. For the county of iJoftertson.^— William Fort, Isaac Phillips, Charles Miles, William' Miles, Benjamin Menefee, John Phillips, Martin Duncan, Bazel Bowen, Hugh Henry, Zabulbn Hubbard, and James Crabtree, sen. For the county of Sullivan.- — Samuel Smith, John Anderson, Joseph Wallace, John Scott, David Perry, George Vincent, William Delany, Willialn King, Robert Allison, John Vance, William Nash, Richard Gam- mon, James Gains, George Rutledge, Samuel M'>Corkle, John Spurgin, Walter Johnson, Rt^rt Easly, John Yancey and James King. For the county of Sumner David Wilson, Thomas Donald, James Winchester, James Reese, Edward Douglass, William Cage, Stephen Cantrel, Isaac Walton, Thomas l^artin, James Guin, Withral Lattimore, James Douglass, and David Shelby. For the county of Sevier. -John Clack, William Henderson, jun. Rob- ert Calvert, Joshua Gest, Abraham M'Clery, Andrew Cowen, Joseph 16 .46 Vance, Robert PoUqcIc, Adam Wilson, Jame^ Riggin, Alexander Mont- gomery, Jesse Griliin, James D. Puckett, and Isam Gain. For the county of Washington. — Jairies Stuart,i John Tipton, John Wear, John. Adams, John Strain, Henry Nelson, Joseph Young, Joseph Crouch, William Nelson, Robert Blair, John Norward, Jessee Payne, Isaac Depngii, Charles M'Cray, Samuel Wood, Jaeob Brown, John Alex- ander, John Hammer, and Joseph Britton. Received from the senate the following bills : A bill to prevent the obstruction of the navigation For every sheet of |be journals of the assembly containing sixteen pages, sixteen and two-third cents. For every quireof commissions three jdollars, JAMES WHITE, Ch. The foregoing report being read was concurred with. x Received from the senate the following message : Mr. Speaker arid Gentlemen, The senate concur with your message respecting the making up the estimate, so far as to appoint, a committee, 'and name Messrs. White and Lewis, for that purpose. A message from the Governor : Mr. Speaker and Gentlemen of ike General Assembly, Your session is now near a close, the safety and protection of the fron- tiers requires-your serious consideration. Tranquility, amity, and mutual 47 ' > friendship with the neighbooring tribes, is the gf^ncipal means (i^f securing the same. ^ Permit me tot remind your honorable body of the deplorable condition our frontier citizens would be plunged into, should tiiis country unhappily again be involved in a war with a savage nation. The cal^ities of the last, are recently in our memory, and the spoils, and ravages occasioned thereby, are daily presented before us. The rapid emigration into our state is truly flattering ; but a single hos- tility flight be the means of occasioning the prospect wbpUy, to vanish and cease. Many thousands have moved to our government, npt many are wealthy, their resources ..^otall, and their want$. great; and, were they reduced to the melancholy diletnma, of .entering, iqto forts and blqckbonses, I i^m assured their conditipa would be^djstressing a^d painful in the ex- treme. ' Let me remark to you, .gentlemen, and I make no doubt you will coin- cide with me in opinion, that a few years peace would be the most legal and eligible mode to reduce our neighbouring tribe to reason and good or^ der. :, The present appearances of Indian afiairs have a pacific colour, and should proper inethods be adopted by your legislative interposition, so^s to prevent violatioq and encroachment, I have no doubt but peace will abound thronghout*the government. One thing more, I beg leave to observe, it is well known to you, that tbebfave officers and privatesj that composed the, army, who perform«d the last campaign, are still nhpaid, from which circumstances jtiany of our citizens are much embarrassed and disappointed on the occasion. i I have lately been advised to go forward to the war office personally, to state the expediency and authority that caused and produced the cam- paign. Now, if, the preisent session of Congress should fail to make pro- vision -for the payment, 1 wish ,to know tbe sense of the ^sjembly, whether I might be permitted, or not,: to go forward at >the tiii^e of the .next session, to lay the same before Congress. It will be a journey 'atteqded wjth much ^tigue and e^pence ; but ^lieyertheless, I feel it my indispensable duty to give every ^id.and assistance in my power, tohave the officers and privates duly compensated .for their hazardous and! toilsome services. I have Che honor to be, gentlemen, . :WiU»4<>e.respect, Your obedient servant, JOHN SEVIER. On motion, ordered that the following messag;e be sent to the senate : Mr- Speaker avd Gentlemen, We herewith send you a message received this day from the governor, which has been referred on the part of this house to a special committee composed of Mr. Lewis, Mr. Rhea and Mr. Menefee. v, ?. Received froni the senate, a bill providing for the appointment of elec- tors to elect a President and Vice President of the United States, endorsed " Rea^ the second time, amended and passed." Ordered, that this bill be read, which being read, was amended and passed the third time. ,'■' 43 A message from the senate : Mr.. Speaker and Gentlemen, The senate concur with you in I'efer.ring the communication of the governor to a special committee, and have named Messrs. Tipton and Do- herty for thaf purpose. A message from ttie Senate : • Mr. Speaker and Gentlemen, The senate concur Tvith you in the appointment of the justices of the peace in this state, except the following : In the county of Greene, Samuel Dunwoody is appointed in the room of Joseph Lusk, and the name of James Mahan left out of the appointment. In the county of Sevier, James M'Mahan is appointed in the room of James D. Puckett. A message from the Senate : Mr. Speaker and Gentlemen, This house do not concur with the alterations by you made in the nomination of justices, except as to the name of James Mahan. Adjourned till 4 o'clock, f. m. Received from the senate the following messages : Mr. Speaker and Gentlemen, The senate propose meeting you tliis stfternoon in your chamber, for the purpose of electing four electors .of President and Vice President of the United States, and three attornies general. Mr. Speaker and Gentlemen, The Senate propose the following gentlemen as electors of President and Vice President of the United States, viz. Messrs. Claiborne, Joseph Anderson, Joseph Greer, Griffith Rutherford, Charles M'Clung, Hugh Neilson and John Anderson. For attorney general in the district of Washington, Messrs. Hopkins Lacy, John Shields' and John Sevier. For the district of Hamilton, Messrs. Thomas Greyi John Lowrey and James Reese. For the district of Mere, Messrs. Howel Tatom and Isham Parker. Ordered, that the following message be seht to the senate : Mr. Speaker atid Gentlemen, We concur with your jnessages respectively, concerning the balloting for electors to elect a President and Vice President of the United States, and for attornies general. We have added Daniel Smith to the nomina- tion for electors, and l^ave appointed Mr. Fort and Mr. Menefee to super- intend the balloting. The bill to prevent the wilful and malicious killing of any black per- son, or .person of mixed blood, he or she being a slave, was read the third time and rejected. A message from the Senate : Mr. Speaker and Gerttlemen, The senate propose Messrs. Lewis and Frazier to superintend the bal- 49 loting for electors of, President and Vioe-Presjdent of the United Statea, and attornies general. , , Rece^ived from the senate, a bill to provide for the payment of the gd- vernor's salary, &c. • , 4 Endorsed " Read the third time, amended and passed." Ordered, that this bill be read, which being read was passed the third time and ordered to be engrossed. Both houses of the general assembly being convened in the representa- tives chamber, proceeded to ballot for four electprs to elect a president and vice-president of the United States, when the following gentlemen were chosen : ■ ' Daniel Smith, Joseph Greer, Hugh Neikon, and Joseph Anderson, Es- quires, were duly and constitutionally elected for that purpose. And in like manner, the following gentlemen were appointed attornies general for this state : ' For Washington district— Hopkins Lacy. For Hamilton distrlcl^— John Lowrey. For Mero district — Howell Tatom. Adjourned tiH to-mortow 9 o'clock, a. m. SATURDAY, APRIL 23, 1796. Met accordjn^ to adjournment. Mr. Rhea from the committee reported as follows : Your committee to whojn was referred the c6minunication from the go- vernor, are of opinioin, that an address of the following iniport be sent to him. , SIR, ' " • The general assembly are, with you, fully sensible, that every atten- tion ought to be paid to the preservation of peace between the frontiers and the neighbouring Indianfe, and that, mutual amity and intercourse should be preserved! It is the hope of this general assembly, that no hos- tilities will by any of the citizens . of this state be committed against the Indians. And should the Indians again offer violence, and commence war against the people of this state, the general assembly declare their con? fidence in the general governmenti that the people will be protected. V This general assembly are of opinion, that altho' the payment of 'the ofiScers and soldeira alluded to, is c^ Importance; yet the absence of the governor from the stUte might be attended with consequences not pleasing, and think that it will be the duty of the senators and representatives from this,state in Congress, to whom, tj^e governor *ill write on that subject, to procure an adjustment and paymentof what money may he due on account of that expedition. : With you we join in saying, that peace' is a most desirable object forithe people of this state ; their safety and'population on it d6 depend. With you it is to take care, that the citizens of this state, comjnit no enCrdach- ments upon the Indians;, that the conditions of the treaty of Holston be preserved inviolate on the pa^t pi this state : And should |he Indians be so tar lost to a sense of their own good add happiness, as to commence hostilities, wehave tlie greatest confidence that you will do those thttigs agreeably to the laws of the Union necessary for the general welfare. JOHN RHEA; Ch. The foregoing report being read was concurred with. Mr. Outlaw from the committee of finance, reported the folbWing state- ment of the public funds : Vols. Cts. The amount of monies received by the treasurer of I ggg^ gg Washington and Hamilton district's, ■ $ By the amount nf monies paid out by the above named ) • treasurer, i Balance in the treasury, on which the treasurer's com- i , .„ „» mission of. %^ per cent is paid, , \ Thift amount of monies received 1^ the treasurer of j ^^^ 37 6-16 Mero district, i By the amount of monies paid out by the above named ) 01 gR 3 3-4 treasurer, \ By the amount of said treasurer's commissioq, at five i 108 30 per cent on the said monies paid out, ' ^ For stationaiy allowed said treasurer, 23 Boi. 2297 33 3-4 2603 3 9-16 The above accounts settled by HoWell Tatom, treasurer of Mero dis- trict up to March 18, 1796, as per vouchers filed in the secretary's, office of this slate. Also, by Landon Carter, treasurer of Washington and Hamilton dis- tricts, up to April 13, 1796. ALEX. OUTLAW, Ch. The foregoing report being read, was concurred with. Received from the senat^ithe bill making compensation to the members, clerks, arid door-keepers of the' general assembly, &c. endorsed, read the third time, amended and passed. Upon the third and last reading of this- bilT, Mr. Cantrell moved^ that the first secition, wherein tb^ compensation to tlie nembers is fixed at "One dollar ahd/seventy-fivl cents," be amended by striking out the words " seventy-five," arid inserting in lieu thereof " fifty ;" this being objedted to, the question was piit thereon, and carried in tlie negativ#7- Whereupon the yeas and nays were called for , by Mr. Cantrell, seconded by Mr. 'Weakley, and ptood as follows : , For striking out, Messrs. Houston, Cantrell, Crawford, Lewis, Mont- gomery, Rhea and Weakley. For retaining the clause, Itl^ssrs. Clack, Conway, Cocke, Black, Blair, Gass, Henderson, Menefee, N'e'^ell, Johnson, Fort, Looriey, Outlaw and Peck. Ordered, that the following message be sept to the senate : Mr. speaker and GerOlemen, This house upon reading for the third and last time, the' bill making M compensittion to the membem, clerks, and 'door keepers of the.^nerar as- sembly, &c,' have sti-ack out of the second section of the bill, and insert- ed the followitfgy ' Sec. 2.' And be it enacted, that thefirst, clerks of the general assembly shall be allowed the sum of t fice, priiit fiv« hundred copies of the acts, and one hnudred copies of the journals of this general assembly, to be distributed as follows: One cop^ of the acts and journala to his Excellency the Governor; one copy to the secretary of State ; one copy to each of the members of this state in Con- gress ; one copy to each , of the members of the general assemb'fy ; one copy to each of the clerks of both houses, one cupy to each of thfe judges of the superior courts ; one copy to the attorney general of each district<$> one copy to eacti of the clerks of the superior courts of law, and court of equity, and county courts ; one copy to the major general ; one copy to the brigadier general of each district. Also, one copy of the acts tg4he following persons,.to wit : One copy to each, justice of the peace in this state; one copy to each field ofiicer of the militia ; and one copy to each commanding officer of each company. — And the overplus, if any, the said printer is directed to lodge in the office of the secretary of state, for the use of the state. / And the printer is hereby directed to transmit the acts and journals fot< each county for the civil department, to the clerk of each county,~who is directed to receipt for the same, and deliver them agreeibly to this re- solve ; and those for the militia, to the commanding officer.of each countjr, who is also directed to receipt for the same, and deliver them agreeably }o this resolve. . .' 52 The foregoing message, with the resolutions accompanying it were read and concurred with. Ordered, that the following message be fient to the senate : Mr. Speaker and Gentlemen, The house agree to strike out the names of those justices of the peace concerning whom a dissension has arisen, to wit : M'Mahan, Puckett, Lusk, and Dbnwoody. A message from the senate : Mr; Speaker and Gentlemen, The senate propose to add the name of Benjamin M'Nutt to the nomi- nation of magistrates in the county of, Greene, They concur in leaving out of the appointment the names of Mahan, Puckett, Lusk and Dun- jVoody. Sent to (he senate the following messages : Mr. Speaker and Gentlemen, This house cannot concur with you in appointing Benjamin M'Nutt a justice of -the peace. -v ■ We herewith sead you a report of the special committee^ appointed to report on the communication of the governor, respecting the praot'icability of opening a waggon road, by way of the warm springs, through the mountains. It is the sense of this house, that the governor of this state be instructed to inform the governor of South Carolina^ that this govern- ment will proceed to make the necessary arrangements for the completion of this object, as soon as the public funds will admit. . ■• A message from the senate : Mr. Speaker and Gentlemen, The business of the session being ended, the senate propose adjourning sine die. <. Ordered, That thp following message be sent to the senate : ~ Mr. Speaker and GerUUmer^ We concur with your message proposing an adjournment. 53 ESTIMATE qfth£ pay of the membets, clerks, and door keepers of thegen- eral assembly, begun and held at Knoxville, on the 28 Thus such a derangement will necessarily require an alteration in our acts passed for such purposes. Our Senators not being recognized in the senate of the United States, is another matter for your consideration and attention, and for your more ample ipfortnation, the several 4f:ts and coi^mimiea.tiQn8 accompanying this address, will elucidate unto you the propriety of my calling the as- sembly together at this time. I hope, I may. be permitted to pllSjBrve, t^t it is of importance, and con- dusive to public happinesSi-to arrange our acts «onforn»bly. with those of congress so far as they shall respect this state. The foregoing are the reasons why I have thoi^ght proper to convene the assembly in session on the present day ; and 1 make no doubt you will, through your paternal care, wisdom, and patriotic deliberations, adopt such measures as will tend to' promote the public interest and general utility of the state. I have the pleasure of announcing to you, gentlemen, the admission of the State of Tennessee into the Federal Union, a' circumstance pregnant with every flattering prospect of peace, happiness and oppulence to our infant State. The period is at length arrived when the people of the South Western Territory may enjoy all the blessings and liberties of a free and Independent republic. . Permit me to wish you public, domestieand individual happiness, while I have the honor to be, Very respectfully, Your devoted and obedient servant, (Signed) ' JOHN SEVIER. A message from the bouse of representatives : Mr. Speaker and QerUlemen, We propose that a committee of claims be appointed, and nominate on our part Messrs. Fqrt, Blair, and.Menefee, to act with swih gentlemen as yon may appoint on your part. Which being read was concurred with, and the foU&wlng message or- dered to be returned : Mr. Speaker, and Gentlemen, The Senate concur wit|i you in appointing a comioittee of claims, and name on our part Slessrs. Doherty and Rutledge. Received frojn.the house of representatives, the remonstrance of An-,. drew Jackson, whiph being read was referred to the committee of claims and returned. j. Received also, a bill directing the mode of electing one repreaentativerto represent this state in the congress of, the United ^ates. ^." Ordered, that this bill be read, which being read was passed the first time and returned. Received from the hquse of r^presejjtativpa the foUQwiflg message : 6 Mr. Speaker and Gentlemen, This house do propose that the general assembly do convene to-morrow at 4 o'clock in the afternoon, in the RepresentativeB Chamber, fof the ^ipurpose of electing two Senatois to represent this state fn the Congress of the United States, which is sent to you for your concurrence. Ordered,thaX the following message he sent to the bouse of representa- tives : Mr. Speaker and Gentlemen, The Senate concur with yanr proposition tp meet in your chamber to- morrow at 4 o'clock, p. M. for the purpose of electing two senators to rep- resent this state in congress, and nominate Mr. James' White, Mr. William Blount, Mr. William Cocke, and Mr. David Campbell. The Senate have appointed Mr. Rutledge to superintehd the balloting on their part. A message from the bouse of representatives: ' Mr. Speaker and Gentlemen, . We concur with you- in referring the papers laid before us by the Gov- ernor^ to a special committee, and have named .on our part, Messrs. Blair, Lewis, Montgomery, Newell, Weakley, and donway, to act with. such gentlemen by you appointed. Adjourned till to-morrow 9 o'clock, a. m. TUESDAY, AUGUST 5, 1796. Met ^according to adjournment. A message from the house of representatives : Mr. Speaker and Gentlemen, 'j>\. This bouse concur with your message, and on part of this house, do nominate Mr. Fort to superintend the balloting with the gentlemen by you appointed^ Received from the .house of representatives, a bill to empower the jus- tices of each court of the several counties in this state, to lay and have the same collected, an additional county tax for the year 1797,-i-Also, a bill to establish fairs and markets in the,,county of Greene, each endorsed, read'the first tjme and passed. '^^ Ordered that these bills be read, whicti being read were passed the first time. Mr. Frazier moved for leave and, presented a bill to amend the law res- pecting the revenue and the treasury department, Wiiibh being read was passed the first time. ^ Received from the house of representatives, a bill to amend an act, ' en- titled an act ascertaining the number of judges of the superior courts of law and equity, fixing their sa:laTies,,!||id directing their qualifications to offic^, passed, at Knox'ville,* at an assetnbly begun and held the twenty- eighth day of March last past, endorsed, read the first time and passed. Ordered'thdit this bill be read, which being read was passed the first time. 1 Received from the house of representatives, a bill providing for the election of electors of a President and Vice President of the United States, endorsed, read the first time and passed. , " Ordered that this bill be read, which being read was passed the first time and returned. Mr, Rutledge from the joint balloting for two senators to represent t^is state in the congress of the United States, reported, that William Blount and William Cocke were duly elected senators. Received also from the house of representatives, a bill directing the mode of electing one representative to represent this state in the Congress of the United States, endorsed, read the second time, amended and passed. Ordered that this bill hei read, which being read, was amended, and passed the second time. Received from the house of representatives the following message : iMir. Speaker and Gentlemen, Herewith, you have transmitted to you a commun'ication from the gov- ernor, for your inspection and concurrence, to the endor^d reference. A message from the house of representatives : Mr. Speaker and GentlSmen, This house made the following resolution, which is sent you for your concurrence. House of Representatives, August 2, 1796. Resolved, that the clerk of the senate and' clerk df the house of reprer sentaiives, shall each transmit a copy of the entry on the journals of eacn house, respectively, of the election of William Blount and William Qocke) Esquires, senators, to represent this state in the Congress of the United States, which copies shall be signed by the speakers and attested by the clerks of each house, res.pectively, which shall be a certificate for his ex- cellency the governor, ta issue credenfials thereupon, to William Blount and William Cocke, of their election. Received a bill to amend the line between Hawkins and Grainger coun: ties, and for other purposes, endorsed, read the first time, amended and Ordered that this bill be read, which being read the firsl| time was re- jected. ■ Adjourned till to-morrow, 9 o'clopk, A', m. WEDNESDAY, AUGUST -3, 1796. MET according to adjournment, ■^'' Received from the house of representatives, a bill to amend the law respecting the revenue and the treasury department, endorsed, read the first titqe and passed. t . Ordered, that this bill be read, which being read was amended and pass- ed the second time. A message from the house of representatives : Mr. Speaker and Genllemeik, Herewith is sent to you the report of the committee, to whom was re- 17 8 ferred the communications from , the governor, with entries thereon of what this house have resolved relative to said report, for your concurrence. - Your committee to whom was referre4 the two cpmmniiications from the governor, do report : Ist. ,That the objects it embraces are now under the consideration of the general assembly in part, and acted upon in p&rt. Respecting the let- ter from the secretary at war, your committee do recommend that it bs resolved, tha;t the governor issue a proclamation agreeably to the purport of said letter. On the second communication, your committee talking into view the actual situation of the finances of this state, and considering that the expenditures of th« government will be augmented by the present session, are of opinion,- that it would, be improper to make any application for defr»ying the expences of this road therein mentioned at this tkne, but that the governor be authorised to appoint commissioners, or reviewers, to ' report on the road, when completed, to the next general assembly : Al) which is submitted. (Signed) , JOHN RHEIA, Ch. Ordered that the following message be sent to the house of representa- tives : Mr. Speaker and Gentlemen, The senate concur with you in appointing a committee to wait on Wil- liam Cocke, Eoq., and present the address by you prepared for,that pur- pose, and name on their part Mr.- Lewis. A message from the house of representatives: Mr. Speaker and Gentlemen of ike Senate, This house have nominated Messrs. Rhea, Lewis and Outlaw, to be a committee with such gentlemefn as you shall appoint to prepare an address to the governor on the subject of his communications to the general as- sembly. Ordered that the following message be seat to the' house of representa- tives ; » Mr.i^eaker and Gentlemen, This house Concur with you in appointing a committee to prepare an address to be presented to his excellency the governor, in answer to his two communications, and have on their part appointed Messrs. Frazier and M'Minn. A message from the house of representatives : Mr. Speaker and Gentlemen, This house has resolved, that the following addres^^be presented to Mr. William Cocke: Sir, By a vote of the general assembly of the state of Tennessee, Mr. William Blount and yourself, formerly elected senators to represent this state in the senate of the Congress of the United States, are again elected for that purpose, the general assembly do, on behalf of the citizens of the state of Tennessee, express their entire confidence in the fidelity and in- tegrity of their senators. Mr. Wm. Cooke. That a committee be appointed to wait on Mr. Cocke, to present the 9 same, and for that purpose have named Messrs. Port and Bkir, to act with such gentlemen as you shall appoint, which is sent to ybii for your con- currence. Ordered that the following message be sent to the house of representa- tives ; Mt. Speaker and Gentkrtien, The senate have read for the third and last time the bill directing the mode of electing one representative to represent this state, in the Con- gress of the United States, and have amended it by Striking out of the fifth section from the word representative, the words ' And if the same be not derided by the said returning officers, they shall decide it ;' which whei\ thus amended, the clause stands as follows : ' Sect. 5. Be it enacted, that if two or more candidates have the same number of votes, the said returning officers shall decide which of thera sliall be tepreaentative, in the same manner as grand jurors are by law drawn for.' If yott agree to this amendment you will please send two of your mem- bers to see it made. Adjourned until 3 o'clock, p. M. MET according to adjournment. On motion, Mr. Kelly had leave to absent himself from the service of this house until Saturday next. Received from the house of representatives, a bill providing fo,r the election of electors of a President aiid Vice President of the United States, endorsed, read the second time and passed. Ordered, thaX this bill be read, which being read was amended, and passed the second time. A message from the house of representatives ; Mr, Speaker and Gentlemen, This house concur with the amendment by yon proposed- to the bill, di- recting the mode of electing one representative, to represent this state in the Congress of the United States, and do nominate Messrs. Outlaw and Newell to see it made- Which being read, the bill directing the mode of electing one represen- tative to represent this state in the Congress of the United Slates was ■read, amended, passed the third time, and ordered to be engrossed. A message from the house of representatives : Mr. Speaker and Gentlemen, This house have concurred with the report of the committee oji the remonstrance of Andrew Jackson, Esq, and send it to you for your coil- currence. Which report is as follows : Your committee to whom was referred the remonstrance of Andrew Jackson, are of opinion, that if the money appropriated by law, in Mere District, to the payment of the attorney, has been appropriated to the use of the Territory ; that hh remohstrance is in part reasonable and ought to be granted : All which is submitted. (Signed) Wm. FORT, Gh. 10 Which being read, was ordered to lie on the table till to-morrow. A message from the house of representatives : Mt. Speaker and Gentlemen, This house have appointed Messrs. Rhea and Weakley a committee, od the part of this house, to act in conjunction vrith such gentlemen as yon may appoint, to examine all the bills that may be passed this session compensation to the electors herein named, for electmg the electors of a President and Vice President of the United States. The senate have added the following as the 10th and last section of said bill ; ' Section 10th, Be it enacted, that an act, entitled, an act providing for the appointment of electors to elect a president and vice-president of the United States, passed at an assembly begun and held at Knoxville, 28th of March last pa^t,' be, and the same is hereby repealed and made void. If you should agree to these amendments you will please send two of your members to see them made. Messages from the house of, representatives : Mr. Speaker and Gentlemen, This house hath herewith sent you the journal of the house, in order to shew yon their proceedings on the act by you referred to. Mr. Speaker and Gentlemen, The house of representatives propose that a committee be appointed for the purpose of drawing up a remonstrance, to be presented. to the Con- gress of the united states, and nominate on the part of this house, Messrs. Rhea, Outlaw, Newell, and Lewis, to ^ct with such gentlemen as you may think proper to add. Which being read, the following message was ordered to be returned : Mr. Speaker and Gentlemen, ^ The senate cannot concur with your proposition to appoint a committee to draw up a remonstrance to Congress until they are informed of, the pur- ■ port thereof. A message from the house of representatives : Mr. Speaker and Gentlemen, This house do concur with your nomination of justices, for < Greene county, as to Robert Wyley, in place of Adonijiah Morgan, but do insist for your concurrence to our nomination of David Russel as a justice of Greene county, also, of John Harman. ' This house do not concur in the nomination of a surveyor for said county. Herewith is sent you a petition from Greene county respecting David Russell, for your consideration. — This house concur with your nomination of justices for Hawkins county, and also nominate John Hogan for Sumner county. Which being read, the following message was returned : Mr. Speaker and Gentlemen, ^' The senate concur with your nomination of David Russell, as a justice of the peace for Greene county. A message from the house of representatives : ^ Mr. Speaker and Gentlemen, This house concur with your message respecting the amendments by you proposed, to the bill providing for the electors to elect a president and 16 vice pi-esident of the Ualted Stated;, and a.ppoiflt Messrs. Blair and New.ell to.see them made. Which being read, the bill providing for the election of electors to elect a president of the United Scai,es, was taken up, amended, passed the third time and ordered to be engrosaedj> . Received from the house of representatives, a bill making compensation to the members, clerks, and door keepers of the general assembly, and for other purposes, endorsed, read the second- time, amended a^d passed. Ordered, that this bill, be read, ti/hich being read, was amended and passed the second time. Adjourned till 3 o'clock, f. m, Met according to adjournment. Amessage from the house of representatives: Mr. Speaker and Gentlemen, This bouse do not concur with your message respecting the road lead- ing Irom the Warm Springs ; they considering the resolve passed at the last session, is still in force, and sufficiently declaring the opinion of the legislature on that subject. Mr. M'Minn, from the committee appointed to examine engrossed bills, reported, that the act directing" the mode of electing the? several officers, wbose appointments are by the constitution vested in the county courts of pleas and quarter sessions, was duly engrossed, whereupon, the speaker affixei his signature thereto in presence of the house. Messages from the house of representatives :. Mr. Speaker and Gentlemen, ' The purport of the remonstrance to be drawn up by the committee, and to be presented to Cdngress, if approved of by the legislature, is respect- ing the land below the Holston, and to which the Indian claim is not ex- tinguished, and other grievances. Mr. Speaker and Gentlemen, Herewith is sent to you the report of the committee to whom was re- ferred the communications from the governor ; this house have coacnrred therewith, and have also nominated Messrs. Looney, Clack; and Peck, to be a committee wtih such gentlemen as you shall appoint, to wait on the governor, and present the same to him, which is sent to you for your con- currence. Your committee to whom was referred the communications from his ex- cellency the governor, report, that the following address be presented to him : To bis Excellency John Sevier, esquire, governor of the state of Ten- ' nessee : SIR, We are fully epnsible, that the important objects by you laid before this general assembly, made it necessary for you to convene the legislature at this time. We rejoice with you in the event of this state being firmly admitted into the federal union ; and Our minds are filled with the most pleasing sensa- 17 tipns, when we reiect on tb^; proaperlty and political happiness to which we view as a certain prelude. Be assured, sir, it will be our^rstand greatest care to adopt such measures as will promote the true interests of this state, a^connected with the American union. With respect to our representation, in the senate of, the United States, in particular, we flatter ourselves, such steps have been taken, that no reason now remains sufficient to justify that body in refusing any linger to recognize our senators. We view it as essentially necessary to the preservation of peace and harmony \yith the Indian tribes, that the constitutional treaties and laws should be duly observed ; and we have the fullest confidence that the ex- ecutive of this state will take proper measures to enforce their due execu- tion. JOSEPH M'JVIIiSIN, Ch. Which being read was concurred wlih. ' Received from the house of representatives, a bill amending. the law re- spect ing the revenue and the treasury departments, .endorsed, read the third and last time and passed. Mr. Poherty mpved for leave to witl^draw for amanddient, the bill to amend the law respecting the revenue and the treasury departments, which wasgrapte.d. Ordered, that the following message be sent to the house of represen- tatives: . Mr. Speaker and Gentlemen, The senate propose to, meet you at half past 7 o'clock this evening, in your chamber, to take into consideration the bill respecting the revenue and treasury departments. To this message the following answer was reeeived : Mr. Speaker and Gentlemen, This house cannot concur with you respecting a conference. Adjourned till Monday 9 o'clodk, A. U. MONDAY, AUGUST 8, 1796. Met according to adjournment. On motion, ordered that the following message be laent to the bouse of representatives ; Mr. Speaker and Gentlemen, ' The senate concur with you in appointing a commiftse to dravv up a remonstranpe to Congress, and name on their part Messrs, White and po- herty. Received from the house of representatives, a bill making compensation to the members, clerks & door keepers, of the general assen^bly, and for other purposes, endorsed, read the third time, amended, and'passed.— Or- dered that this bill be read, which being read, on motion of Mr. M'Minn, Ordered, that the following message be sent to the house of representa- tives : , Mr. Speaker and Gentlemen, The senate have read for the third and last time, the bill making com- 18 pensation to the memberB, clerks, and door keepers, of the general assem- bly, &c. and have amended it, by filling up the blank claims tothe government, propriety and territorial rights of the same and every part thereof — It is believed that this relinquishment operated to each st^te respectively, according to the chartered limits thereof, as to right of sqil and sovereignty; and in the said treaty no provision for a reservation of any Indian claim is Made. 3d. In one thousand seven hundred and seventy-six. North Carolina made a bilf of rights, in the last section of which is contained a declara- tion of the sovereignty,, right and property of territory, as limited and des^ cribed in the charter of king Charles, with a proviso, for any nation or na- tions of Indians, at the discretion of the legislature. 4th'. Acting on the principles contained in the first and third section of this address (confirmed by those in the second section thereof) North Carolina, in the year one thousand seven hundred and seventy-seven, opened a land office for the sale of lands, within the limits thereof, as aip- pears from the preamble of the said act, to operate as extensively as the said limits, as is also set forth in the third section thereof, entries for lands being to be made with the entry taker of any county within the state for claims for any lands lying in such county, except as therein excepted. — In the year one thousand seven hundred and seventy-seven, by an act of 2! the legislature, the county of Washington was erected, and the limits thereof described, containing all the lands within the chartered limits of the Btate, lying between the Appalachian mouHtains and the river Miesissippi (which is now in the state of Tennessee). Under this act, the land oflBce for sa)e of land, first begun its Operations in the. said dis- cribed county. ',^ ■ 5th. In the year one thousand seven hundred and severity-eiglrt, an Set was passed by the legislature of the state of North Carolin!a, in the fifth section whereof, a line is mentioned and described. ■ It h believed that by this act and line, as described in the said section, no relinquishment of right of territory is made ; but that the said line was declared for certain political reasons of the said state. 6th. In the year one thousand seven hundred and eighty three, passed another act for the sale of lands. This actfTevives and continues the first act,' except what is thereby repealed, and in its otiject. embraces the limits described in the act erecting Washington county before alluded to. 7th. In consequence of this, and other laws respecting sales of land, by entries made in land offices, ^nd warrants issued thereon, grants have been issued in part, and (warrants yet to lay) for lands lying within the original limits of the county of Washington. * 8th.., In the , year one thousand seven hundred and eighty-nine, North Caroliiia made a cession of western lands to Congress, for the use of the United States, under certain express conditions and subject thereto, as contained in the, act of cession for that purpose; and the contract, was solemnly executed by deed on the part of North Carolina, and accepted on the part of Congress on beh$lf of the United States : Part of the conditiotis of said contract are reported by a committee at the last session of Con* gross : And the said act provides, that the governor for the time being shall, and is required to perfect such titles in such manner as if the act had never been passed. *: 9th. The constitution of the United States confirms all engagements and contracts ^ntered into by the United States, before the adoption there- of; under existing laws, the enterers and grintees of lands lying within the said original limits of Washington county, expected they were secure, as to the right in fee, and right of possessing the land^ by them purchased and honestly paid for. 10th. In the year one thousand seven hundred and eighty-five, the treaty of Hopewell vas made with the Cherokee Indians by the United States ; but the agent of North Carolina. pro tested against the same. In the year one thousand seven hundred and oinety-one, the treaty of Hol- Bton ,was made between the United States and the Cherokee Indians, des- cribing a line as ther^n mentioned : And by an act of Congress,' passed at the last session, fines, forfeitures and imprisonment aire enacted against claimants and grantees of lands lying beyond said line, for doing thiifgs in said act mentioned. .■ , ^ 11th. This general assembly believe that the enterers and grantees of * lands lying over the said line, are much injured by the operation pf the said last mentioned treaty, and are in possibility lia,ble to be much more oppressed by the operation of the said last mentioned ^ct of Congress, being thereby altogether prohibited from doing any act of ownership, on 22 iani^s by them, long time past, harm fide contracted and paid for, and for whicrh, in part, grants have issued nnder the faith of North Carolina and the IJnited States. 12th. It is believed that, the Indians have no fee simple in the lands alluded to, ofjierwise the veryideed made *by North Carolina to the United States woi|Id be void. — If the Indians have any kind of claim to the lands in question, it is believed to be of the lowest kind of tenancy, namely that of tenants at will. 13th. This legislature ever willing to support the constitution and laws of the United States, made pursuant thereto, being impressed with a sense of the injury and grievances sustaitied by the citizens in consequence of the line of the said treaty of Ilolston, and the act before mentioned, do earnestly request, that the prohibitions preventing them to possess the lands before alluded to may be jremoved — That provision by law be made for extinguishing the Indian claim ta said lands — That the owners aijd grantees of saidlands, may enter upon, occupy and possess the^me in a full and ample manner, and have ev^y right, privilege, and advantage, which they are entitled to by constitiiilional laws ; which justice being done to the citizens of this state, the officers of government will be enabled to execute the cbn8titution|l laws of the United States with ease and con- venience. On motion, ordered that the following message be sent (o the house of representatives : Mr. Speaker and Gentlemen, " , The business of the general assembly being ended, this house propose adjourning sine die. A' message from the house of representatives-: * Mr. Speaker and Gentlemen, This house propose the following resolution, which is sent to you for your concurrence ; «* Resolved, that it shall be a duty of the senators and representative of this state in the Congress of the United States, to lay a remonstrance of this legislature before Congress, and endeavor that the Object thereof be obtained. To which the following message was returned : Mr. Speaker and Gentlemen, The senate concur wili you in the resolution by you entered into, res- pecting the remonstance to be presented to Congress. A message from the house of representatives : Mr. Speaker and Gentlemen, '<**■ The house concur with your messagojproposing an adjournment sine die. On motion of Mr. Lewis, seconded by Mr. Tipton, Resolved unanimous- ly that the thanks of this, house be presented to the fion. James Winches- ter? for his assiduity, and attention to public business as speaker thereof. ,On motion the house adjourned sine die, JAMES WINCHESTER, Speaker of the Senate. By order, GEORGE ROULSTONE, Clerl; of the Senate. 4 <> : 23 ESTIMATE of the pay of the members, ckrks, and door keepers of the gen- eral assembly, begun andihetd at Knoxville, on the 30th day cf July,* NAMES; ll S C4-I o d B I" S o a < •Alexander Kelly, JoBepIPBlack, Littlepage Sims, Joel Lewis, Robert Weakley, f • Seth Lewis, ''t? fM SamuelKiazier, Jodepb-, Gonway, John Gass, Joseph M'MIn, Thomas Renders^, John Cocke, George DoBerty, Alexander Oatlaw, Adam Peck, James White, John Meoefee, John Crawfordj George Rutledge, John Rheai, David Looifiey, James Winchester, Stephen Cantrel, William Montgomerjfif John Clack, Spencer Clack, Samuel Newel, James Ford, William Fort, John Tipton, James Stnart, John Blair, George Roulstone, C. S. Nathaniel Buckingham, assistant clerk to do, ''' 18 7 10 8 10 10 10 10 10 10 10 10 6 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 7 10 10 10 $1 75 76 75 76 ,76 75 76- 76 76 76 75 75 76 75 75 76 76 75 75 76 75 75 76 75 75 75 75 75 1 75 1 76 1 75 1 76 2 60 1 75 26 30 36 400 400 400 I go 116 160 160 100 70 60 100 66 240 240 240 330 370 360 60 60 24 440 m 218 200 186 $1 75 76 76 76 75 75 75 75 75 76 75 75 75 75 76 75 75 75 76 76 75 75 76 76 76 76 76 76 75 76 75 1 75 19 16 45 46 46 28 25 28 26 16 21 24 21 17 17 17 34 34 34 40 43 42 21 21 19 48 48 32 26 .30 26 60 62 60 50 60 70 62 70 50 40 70 50 42 60 50 60 30 30 30 60 40 70 70 70 18 30 30 76 25 62- 17 60 24 Allowance to George Roul- stone for stationary, Allowance to NathaQiel Suckingham for engross- ing. Lud well ..Grymes, clerk house of representatives, John Hillsman, assistant clerk to do. Ludwell Grymes, for sta- tionary, John Hillsman, for do. Thomas Bounds, 'door- keeper to the senate, John Rhea, door-keeper the bouse of represen- tatives, John Rhea for cotitingen- ct6s, i 4 10 2 50 8 1 75 10 1 75 10 1 75 - 8 25 14 4 '- 4 17 50 17 60 4 JOURNAL OF THE HOUSE OF EEPEESENTATIYES OF THE STATE OF TENNESSEE, BEGON AND HELD AT KNOXVILLE, ON SATpRDAY, THE THIRTIETH DAY OF JULY, ONE THOUSAND SEVEN HUNDRED AND NINETY SIX. KNOXVILLE : PRINTED BY GEORGE ROULSTONE, PRINTER TO THE STATE, 1796. I^ASHVILLE: RE PRINTED BY McKENNIB & BROWN, TRUE WHIG OFEICE. 1852. ORDERED TO BE RE-PRINTED BY THE GENERAL ASSEMBLY OF THE STATE OPj TENNESSEE, OP 1851-2. JOUEIAL OF THE HOUSE OF REPRESENTATIVES. At a meeting pf the General Assembly of the State of Tennessee, ^tegnn and held at Knfixville, on Saturday, the thirtieth day' of July, one thou- sand seven hundred and 'ninety-six;, agreeably to< the follcming Procla- mation of his Excellency the Governor, WHEREAS I have lately received authentic information, that an act of the Congress of the United States, passed at their last session, involved several acts of this state in difficulty, and renders the same in- complete ; to answer the purposes and salutary uses and effect^ intended to be obtained therefrom, by the honorable the legislature of this state : / HAVE thought it necessary and highly expedient^, to summon the members of the General Assembly, to convene on flie last Saturday in the present month : And do strictly request and enjoin them, and each of them', to be puiictual and particular in giving their attendance accordingly, in order to take under their due deliberation such matters as may t>e laid before them. GIVEN under my hand and seal, at Knoxville this fourth day of July one thousand seven hundred and ninety six, and in the twenty-first year of American Indep'endence. j Signed) . "^ ' JOHN SEVIER. By the Goy^nor, WiLLiABt Macl*, Sec'y. The following members appeared and took their seats, viz. Joseph Black, from the county of Blount. Robeirt Weakly, from the county of Davidson. Joseph Conway and John Gass, from the county of Greene. Thomas Henderson, from the county of Hawkins. Alexander Ontlaw & Adam Peck, from the county of Jefferson. John Menefee and John Crawford, from the county of Knox. Spencer Clack and Samuel Newel, from the county of Sevier. Stephen Cantrel and William Montgomery, from the county of Sum- ner. John Rhea and David Looney, from the county of Sullivan. The house then proceeded to choose a speaker pro. tern, when Alexan- der Outlaw was chosen and conducted to the chair. It was then moved that the house appoint a clerk, when Ludwell Grymes was chosen and qualified accordingly. John. Rhea was chosen door keeper. Ordered, that the following message be sent' to the Senate : Mr. Speaker and Gentlemen, ', '■ A sufficient number of the House of Representatives have convened, and are ready to proceed' tO' business. Adjourned till Monday 9 o'clock, a. m. MONDAY, AUGUST 1, 1796. Met apcerding to adjournment. The following menibers appeared and took their seats, William Fort, from, the county of Tennessee. Seth Lewis, from the county of Davidson. John Blair, from the county of Washington. John Cocke, from the county of Hawkins. James Houston, of Blount county, having resigned his seat in the Gen- eral Assembly, and it appearing from the credentials produced by Little- page Syms, that he has been duly elected to represent the said county in lieu of the said Houston : On motion took the oaths necessary for the qualification of a member of the General Assembly, and took his seat. A message received from the Senate: Mr. Speaker and Gentlemen, The Senate is convened and ready to proceed to tW dispatch of public business. Ordered, that the following message be sent to the senate : Mr. Speaker and Gentlemen, Jhis house is also convened, and ready to proceed to business. On motion of Mr. Port, seconded by Mr. Lewis, ordered, that Mr. Cocke and Mr. Weakly be appointed to prepare rules for this house, during the present session. On motion of Mr Rhea, seconded by Mr. New6ll, ordered that.'^e follow- ing message be sent to the Senate : Mr. Speaker and Gentlemen, This house have nominated Messrs. Fort and Gass with such gentle- men as you shall appoint to wait upon his Excellency the Governcr, to ifl- 5 form him that the general assembly are ready to receive Mis communica- tions.. . On motion of Mr. Fort, seronded by Mi. SymSj Resolved, thAt this house choose an Assistant Clerk. On motion of Mr. Newell, seconded by Mr. Blair, Messrs. Crawford and Newell were appointed to superintend the ballot- ing for Assistant Clerk, who reported, John Hillsman duly elected. Received from the Senate the following message : Mr. Speaker and Gentlemen, The Senate concur with you in appointing a committee to wait on his Excellency the Governor and name on their part Mr. Kelly. Mr. Fort moved for leave to wait on his Excellency the Governor to in- form him that the general assembly were ready to. receive his coinmunica- tions. On motion of Mr. Rhea, seconded by Mr. Fort, ordered, that the follbvnng address of his Excellency the Governor be inserted on the jour- nals of this house; Knoxville, 30th July, 1796. Gentlemen of the Senate and of the House of Representatives : The short time in which I conceived it was necessary to convene the Legislature, compelled me to -call you together on so short a notice> In the first instance it was necessary to give all the time the emergency of the occasion would admit of, and. in the second from a cifcumstauce that the election to be held for Representatives, was approaching so near at hand,. made it necessary, as I conceived, for the assembly to have it in their power, by a timely meeting (should, they in their wisdom deem it proper) to make an alteration in the act directing the mode of electing representatives to represent this state in the Congress of the United States, before the day of election should arrive, as directed in the aforesaid act ; otherwise it -might be attended with disputes and contentions of a disa- greeable nature, for by a late act of Congress the intended number of our representatives is diminished, of course, it proportionably lessens our num- ber of electors, for President and Vice President of the United States. Thus such a derangement will necessarily require an alteratiqn in our acts passed for such purposes. * Our Senators not beting recognized in the senate of the United States, is another matter for your consideration and attention, and for your more ample information, the several acts and. communications accompanying this address, will elucidate unto you the propriety of my calling the as- sembly together at this time. I hope, I may be permitted to observe, that it is of importance, and con- dusive to public happiness, to arrange our acts conformably with those of. congress so far as tbejt shall respect- this state. The foregoing are the reasons why I have thought proper to convene the assembly in session on the present day ; and I make no doubt you will, through your paternal care, wisdom, and patriotic deliberations, adopt such measures as will tend to promote the public interest and general utility of the state.' I have the pleasure of announcing to you, gentlemen, the admission of the State of Tennessee into the Federal IJnion, ii circumstance pregnant 6 with every flattering prospect of peace, happiness and oppulence to our infant State. The perio^ is at length arrived when the people of the South Western Territory may enjoy all the blessings and liberties of a free and Indepeindent republic. Permit me to wish you public, domestie and individual happiness, while I have the honor to be. Very respectfully. Your devoted and obedient servant, ' (Signed) JOHN SEVIER. On motion of Mr. Rhea, seconded by Mr. Port, Ordered, that the following message be .sent to the Senate ; accompa- nied with the address, Mr. iSpedker and Gentlemen, Herewith is sent to you the communication from his Excellency the Governor, together with other official papers sent by him, Mr. Lewis moved for leave, and presented a remonstrance of Andrew Jackson, which was read and referred to a committee of claims. On motion of Mr. Fort, seconded by Mr. Weakly, Ordered, that the following message be sent to the Senate : Mr. Speaker and Gentlemen, We propose that a committee of claims be appointed, and nominate on our paft Messrs. Fort, Blaii*, and Menefee, to act with such gentlemen as you may appoint on your part. Mr. Rhea moved for leave, and presented a bill directing the mode of electing one representative to represent this state in the congress of the United States, which was read the first time, passed and sent to the Sen- ate. Adjourned till 3 o'clock, f. k. Met according to adjournment. On motion of Mr. Rhea, seconded by Mr. Cocke, ordered, that the fol- lowing message be sent to the Senate : Mr. Speaker aiid Gentlemen, . jv This house do propose that the general assembly do convene to-morrow at 4 o'clock in the afternoon, in the Representatives Chamber, for the purpose of ef^cting two Senatois to represent this state in the Congress of the United States, which is sent to you for your concurrence. A message from the Senate : Mr. Speaker and Gentlemen, ' The*Senate having read the address of the goverpor, and the papers ac- companying the same, have determined to commit the consideration there- of to a special committee, and have named ou their part, Messrs. Lewis, White, and M'Minn, to act with such gentlemen as you may join. ^ Ordered, that the following message be sent to the Senate : Mr. Speaker and Gentlemen, We concur with you in referring the papers laid before us by the Gov- ernor, to a special committee, and have named on our part Messrs. Blair, Lewis, Montgomery, Newell, Weakley, and Conway,- to act with stoch gentlemen by you appointed. j, A message from tiie Senate : Mr. Speaker and Gentlemen, The sensite concur with you in appointing a committee of claims, and name on our part Messrs. Doherty and Rutledge. Mr. Rhea moved for leave, and presented a bill to empower the justices of each court of the several counties in this state, to ky and have the same collected, an additional county tax for the year 1797, which was read the first time, passed, and sent to the senate. A message from the Senate : Mr. Speaker and Oentlemen, ^ The Senate concur with your proposition to meet in your chamber to- morrow at 4 o'clock, p. M. for the purpose of electing two senators to reg,? resent this state in congress, and nominate Mr. James White, Mr. Willifim Blount, Mr. William Cocke, and Mr. David Campbell. The Senate have appointed Mr. Rutledge to superintend the balloting on their part. Ordered, that the following message be sent to the Senate : Mr, Speaker and Gentlemen, This house concur with your message, and on part of this house, do nominate Mr. Fort to superintend the balloting with the gentlemen by you appointed. Adjourned till to-morrow 9 o'clock, a. u. < TUESDAY, AUGUST 2, 1796. Met according to adjournment. Mr. Gass moved for leave, and presented a bill authorizing Fairs and Markets in the county of Greene, which was read, passed and sent to the senate. Received from the senate, a bill authorizing the justices of the courts of the several counties in this state, to lay and have the same collected, an additional county tax, for the year 1797, endorsed, ' Read the first time ' and passed,' which on motion of Mr. Rhea, was ordered to lie on the table foi- amendment. Mr. Rhea moved for leave, and presented a bill to amend an act, enti- tled, ' an act ascertaining the number of the judges of the supenor courts of law and equity, and fixing their salaries and directing thefi">qualifica- tfon to office,'^assed at Knoxville, at an assembly begun and held the twenty-eightkday of March last past, which was read the first time,, pass- ed and sent to the senate. Received from the senate, a bill to amepd an act respecting the revenue and treasury depaitment, endorsed, ' Read the first time and passed,' which was read the first time and passed. Mr. Rhea moved for leave, and presented a bill providing for the elec- tion of electors of a President and Vice President of the United States, which was read the first time, passed, and sent to the senate. On motion of Mr, Rhea, the bill authorising the justices of each court. 8 in the several counties in this state, to lay, and have the same collected, an addlti&nal county tax for the year 1797, was, with its amendment read the second time, passed, and sent to the senate. Adjourned until 3 o'clock, p. m. MET according to adjournment. James Stuart, Esq. appeared and took, his seat as speaker. Th«osation to the memberli, clerks, and door-keepers of the general assembly, Mid&u- other purposes, which was read the first time, passed, and sent to the senate. Mr. Gass moved for leave, and presented a bill to authorise the treasurer to pay Charles Robertson for cutting a road from the Warm Springs to Sherrel's Cove, which was read the first time, passed and sent to the senate. Received from the senate, a bill to amend an act ascertaining the num- ber of judges of the superior courts of law and equity, fixing their salaries, and directing their .qualifications to office, passed at Knoxville, at an as- sembly begun and held the twenty-eighth day of March last past, endorsed, read the first time and passed ; which 'hemg read the second time, was on motion, ordered to lie on the table until the next general assembly. On motion of Mi*.' Rhea, ordered, that tlie following messages be sent to the senate : Mr. Speaker and Gentlemen of the Senate, >?» This house have nominated Messrs. Rhea, Lewis, and Outlaw, to be a committee «ith such gentlemen as you shall appoint to prepare an address to the governor on the subject of his communications to the general assem- bly. ; ,.• Mr. Speaker and Gentlemen of the Senate, This house has resolved, that the following address be presented to Mr. William Cocke: Sib, By a vote of the general assembly of the state of Tennessee, Mr. William Blount and yourself, formerly elected senators to represent this state in the senate of the Congress of the United States, are again elected for that purpose, the general assembly do, on behalf of the citizens of the 11 state of Tennessee, express their entire confidence in the fidelity and in- tegrity of their senators. Mr. Wm. Cooke. That a committee be appointed to wait on Mr. Cocke, to present the same, and for that purpose have named Messrs. Fort and Blair, to act with such gentlemen as you shall appoint, which is sent to yon for your con- currence. " On motion, the report Of the committee to whom was referred the re- monstrance of Andrew Jackson was again taken up, and after some debate thereupon, was concurred. with by the vote of the speakel". On motion of Mr. Fort, ordered that the following resignation of Tho- mas. Johnston be entered on the journals of this house : To the Hon. General Assernbly now convened in Knoxville. Mr. Speaker and Gentlemen, Consistent with my domestic interest, I cannot any longer serve as a member of your honorable bod^, and hope. that, this will be received as my resignation. (Signed) -^' THOMAS JOHNSTON. Ordered, that the following message be sent to the Senate, Mr. Speaker and Gentlemen, This house have concurred with the remonstrance of Andrew Jackson, Esq. and send it to you for your concurrence. Received from the 'senate the following messages : Mr. Speaker and Genilernen, The house concur with you in appointing a comfnittee to wait on Wil- liam Cocke, Esq. and present the' address by you prepared for that pui:- pose, and name on their part Mr. Lewis. * Mr. Speaker and Gentlemen, The senate concur with you in appointing a committee to prepare an address to be presented to his excellency the governor, in answer to his twocommunicatiods, and have on their part appointed Mess. Frazier and M'Minn. Resolved, that the speeder of this house address his excellency the governor, informing him of the resignation of Thomas Johnston, esq. late member of this house from the county of Tennessee. ' 'Adjourned till 3 o'clock,, p. m. Met according to adjoornment. A message from the Senate : Mr. Speaker and Gentlemen, The senate have read for the third and last time Jie biir directing the mode of electing one representative to represent this state, i;; the. C^» gresB of the United States, and have amended, it by striking out of the fifth section from the word representative, the words ' And if the same be not decided by the said returning ofHoers, they shall decide it ;' which 12 when thus Amended, the clanse stands as follows : ' Sect. fi. Be it enacted that if two or more candidates have the same number of votes, the said returning officers shall decide which of them shall be cepresentative, in the same manner as grand jurors are by law drawn for.' ' ' ■ If you agree to this amendment yon will please send two of your mem- hers to see it made. ' Ordered, that the following message be sent to the senate: Mr. Speaker and Gentlemen, This house concur with the amendm^t by yon proposed to the bill, di- recting the mode of electing one representative, to represent this state in the Coqgress of the United States, and Ao nominate Messrs. Outlaw and Newell to see it made. .; Received from the senate, a billjr;to amgnd the law respecting the re- venue and treasury department, endo)'sed,Tead the second time and passed ; which was, on motion of Mr. Outlaw, seconded by Mr. Nenrell, \^h^awn for Amendment. ' > Mr. Lewis moved for leave and presented a biU authorizing'the several county courts in Mero district to appoint auditors to settle and adjust cer- tain claims of Daniel Rowan against the county of Davidson, which, after some debate thereupon, was ordered to lie on the table until the next, gen- eral assembly. ' Mr. Lewis moved for leave, and presented a bill to amend the law, which was, on motion of Mr. Weakley, seconded by Mr. Fort, ordered to lie on the table until the next general assembly. „- Ordered, that the following message be sent to the Senate : Mr. Speaker and Gentlemen, This house have appointed Messrs. Rhe^ and Weakley a committee, on the part of this house, to act in conjunction with such gentlemen as you ' may appoint, to examine all the bills that may be passed this session of tbe ge'neral assembly. Resolved^ that Mr. John Cocke, a member o| this house have leave of absence 'during the present session. Adjourned till 8 o'clock, P.M. s - 4 ^ Met according to adjournment. -; Received from the senate the following bills, viz. a bill appointing com- missioners in addition to those already appointed in the county of Grain- ger, &c. endorsed, read the first time and passed ; which was read the first lime in this bouse ftnd passed. . j^ Also, a bill directing the mode of electing the several officers whose ap- pointments are vested in the county courtb, &c. endorsed, read the first time and passed ; which being read, was passed the first time. Received from the senate, the report of 'the committee to whom was referred the communications of the governor', endorsed, read and coBQurred witH>' " . -m- ■ ' Received from the senate the following message : '' JMV, Speaker and Gentlemen, The senate concur with you in appointing a committee to esamine the 13 bills which may be passed this session, and' appoint on their part Mr. M'Minn. Mr, Weakley from the committee appointed to examine engrossed bills repch'ted, that they had «xamined the act directing the mode of' electing one representative to represent this state in the congress of the United Statesi and found it to be duly engrossed Arom the original, which being signed by the speaker of the senate, is alsotsigned :by the speaker of the house of representatives in presence of the bouse. Adjourned till to-morrow 9 o'clock a. m. THURSDAY, AUGUST 4,' 1796. Met according to adjournment. '' Received from the senate the followingj bills, viz. a bill piroviding for the election of electors of a President and Vifce President of the United States, endorsed, tead the second time und passed. Which '^eing read the third time in this house, was on motionjof Mr. Rhea, eeconded by Mr. Fort', ordered . ' |.. Received from the senate the following messages : Mr. Speaker and Gentlemen, The senate concur with yon in appointing a committee to draw np a remonstrance to Congress, and name oa their part Messrs, White and Do- herty. Mr, Speaker and Gentlemen, ; '^ *"■ ' The senate have read for the third and last time, the bill making coni'- pensation to the members, clerks, arid door keepers of the general^ assem- bly, &c. and have amended it, by filling up the blank to George Koulstone, eight dollars for stationary, ^nd to Nathaniel Buckingham,' eight dollars, for engrossing. Also to Thomas Bounds, door keeper, one dollar and sev- ty five cents per day. The senate h»ve further amended said bill by ^tri- l^ing out the last section thereof. Should you agree to these amendments, you will please send two of your menitiers to see them made. Ordered, that the following message be sent to the senate : Mr. Speaker and Gentletnen, This house concur with your message respecting the clerks and door ' keepers, and amendments to the bill, containing the same, and notninate Messrs. Cocke and Rhea to see the amendments made. Mr; Weakley from the comrnittee to whom was referred the examina- tion of engrossed bills, report that they had examined an act, entitled an an act providing for the election of eieaors of a President and Vice Presi-* dent of the United States, and that it is truly engrossed from the original, which being signed by the speaker of the se'nate, was signed by the speaker of the house of rept'esentatives ia prelsence of the house. Adjourned till 6 o'clock, j.'TB,. .. ,. Met aecordinif'to adjournment. Ordered, that the; following message be sent to the seihate : Mf. Speaket and Gentlemen, ' This house propose that the committee to whom it was ruferred to- 22 draught and report the pcpences of the present session of assembly, make up thie estimate to the end of this day and no longer. ' Adjourned tor one hour. - Yr Met according to adjonrnment. , s ., Ordered, that the following message be sent to the senate : " ■^■ Mr. Speaker and Gentlemen, , This house propose the following resolves, which is sent to you for your concurrence. Resolved, that a copy of the journaU.of each house respecting the ap- .^ointment of justices of the peace, to be made out by the clerks respec- tively, be signed by the speakers, and sent to the governor to issue the commissions. , , * Messages from the senate, : - , ~; Mr. Speaker and Oentlemen, ' , . ' ■ The senate agree that the committee make up the estimate of the ex- pences of this assembly to this day inclusive, as by you proposed. Mr. 'Spetiker and Gentlemen, The senate concur with the resolution entered into by you, respecting the commissions of the magistrates, but disagree to the one respecting the printing live huadpd journals, and offer in lieu thereof the follcwing : . .Resolved, that George Rouletohe do print five hundred copies of the laws and one hundred copies'of the journals of each house, of this assembly, and distribute them as directed by a resolve of the last Eilsembly. Ordered that the following messages be sent to the senate : JMr. Speaker and Gentlemen^. This house concur with your message respecting the printing the acts and joBrnalsof this session of the' general assembly. Mr. Speaker and Gentlemen, Thi@ house propose to add Alexander Greer and Samuel Williams to the nomination of justices of the peace for the county of Carter. A message from the senate : Mr. Speaker and Gentlemen, The Senate propose that a joint committee wait on his excellency the soy,ernor,. and inform him, that the general assembly propose adjourning this evening, sine die, having finished the public business for which they were convened, and name on their part Mr. Lewis. Ordered, that the following message be sent to the senate : Mr. Speccker and Gentletlien, This house concur with you in appoii^tinga committee to wait on the governor, and nominate on their part Messrs. Gass and Cocke for that pur- pose. A message frojn the Senate : ' Jh-. SpeaKer and Gentlemen, The senate herewith #end you a repOK of the committee appointed to 23 draw up a remonstrance to Cgngress,' and have concurred .therewith, ex- cept a^ to the paragraph marked 3d, ia lieu of which they offer the fol- lovying. . . ^ . - - 3d. NorthCarolina, under the'faith, of the existing compacts, opened a land office for the sale of their western lands, for which they hq,ve received payment ; for part of which they have issued grants, and pari is not yet surveyed. To this aoaendment the senate ask your concurrence. Ordered, that the following message be sent to the Senate : Mr. Spedkir and Gentlemen, f This house concur with your message respecting the remonstrance to Congress. - ■ ' ^ Mr, Speaker and Qerttlemen, . . • This house propose to rescind the resolution entered into relative to adjourning sine die, and propose to meet to-morrow morning at six o'clock. Adjourned 1^11 to-morrow e^o'clock, a. m; TUESDAY. AUGUST 9, 1796. MET according to adjonrnment. Ordered, that the following message be sent to the Senate : Mr. Speaker and Gentlemen, This house ha^ve proceeded to amend the remonstrance to be laid before Congress, and herewith send the amendment to you for your concurrence. Received from the senate the following messages : Mr, Speaker a'nd' Gentlenten, t The senate concur with yt>u in the nomination of Alexander Greer and Samuel Williams, as justices of the peace for Carter county. , Mr ^'' Speaker and GejUlemen, The senate send you -the report ef the committee appointed to contract with the printer for your concurrence. Receiv«d from the senate the following report :- Your committee ap- pointed to contract with the' printer, report^) that they have agreed with him to do the printing of this session on the same terms as agreed upon for the printing oi the last, session ; endorsed, read and concurred with, which being read in the house of representatives, was concurred, with. Adjourned till ten o'clock, a. m. ,. . '* . Met according to adjonrnment. ' The committee to whom it was referred to draw up a remonstrance to- Congress, reported the following, which was concurred with. To the Hon. the Congress' of the United States of America*. The address and remonstrance of the general assembly of the state of Ten- nessee, on behalf of the citizens thereof, ^^ Seltepi forth : 1st. It appears fiy an act of Congress, ratified in June, one thousan 24 seven hundred and ninety-sijr, that the State of Tennessee, ie admitted into the Federal Union, on an equal footing with any of the original states in all respects whatever. 2d. At the beginning of the late American revolution, the United States guaranteed to each state its sovereignty, according to the chartered limits thereof :— And by the treaty of Paris, dono in the year one thousand seven hundred and eighty'tbree, the king of Great Britain acknowledgted the United States to be free sovereign and indepetadent, and for himself, his heirs and successors, relinquishgd all claims to the government, propriety and territorial righfa of the same and every part thereof — It is believed that this relinquishment operated to each state respectively, according to the chartered limits thereof, as to right of soil and sovereignty ; and in the said treaty no -provision for a reservation of any ^dian claim is made. 3d. In one thousand seven hundred and seventy-six, North Carolina made a bill of rights, in the last section of which is contained a declara- tion of the sovereignty, right and property of territory, as limited and des- cribed in the charter of king Charles,- with a proviso, for any nation or na- tions of Indians, at the discretion of the legislature. 4th. 'Acting on the principles contained in the first and third section of this address (confirmed by those in the second section thereof) North Carolina, in the year one thousand seven hundred and seventy-seven, opened a land office for the sale of lands, within the limits thereof, as ap- pears from the preamble of the said act, to operate as extensively as the said limits, as is also set forth in the third section thereof, entries for lands being to be made with the entry taker of any county within the state for claims for any lands lying in such county, except as therein excepted. — In the year one thousand seven hundred and seventy-seven, by an act of the legislature, the county of Washington was erected, and the limits thereof described, containing all the lands within the chartered limits of 'the state, lying between the Appalachian mountains and the river Mississippi (which is now in the state of Tennessee). Under this act, the land office for sale of land, first begun its operations in the said dis- cribed county. 5th. In the year one thousand seven hundred and seventy-eight, an act was passed by the legislature of the state of North Carolina, in the fifth section whereof, a line is mentioned ani described. It is believed that by this act and line, as described in the said section, no relinquishment of right of'territory is made ; but that the said line was declared for certain p61itical reasons of the said state. 6th. In the year one thousand seven hundred and eighty three, passed another act for the sale of lands. This act revives and continues the first act, except what i J thereby repealed, and in its object embraces the limits ' described in the act erecting Washington county 'before alluded to, 7th. H In consequence of this and other laws respecting sales of land, by entries made in land offices, and warrants issued thereon, grants have been issued in part, and (warrants yet to lay) for Ilknds lying within the original limits of the county of Washijigton. 8th. In the year one thousand seven hundred an4 eigl^ty-nine, North Carolina made a cession of western lands to Congrdbs, feir.ljie use of the 25 United States, under certain express conditions and subject thereto, as contained in the act of cession for that purpose ; and the contract was solemnly executed by deed on the part of North Carolina, and accepted on the part of Congress on behalf of the United States : Part of the conditions of said contract are reported: by a committee at the last session of don- gress : And the said act provides, that the governor for the time being shall, and is required to perfect such titles in such manner as if the act had never been passedst, 9th. The constitution of the United States confirms all engagements and contracts entered into by the United States, before the adoption there- of ; under existing laws, the enterers and grantees of landg lying within the said original limits of Washingtop county, expected they were secure, as to thetiglit in fee, and right of possessing the lands by them purchased and honestly: paid for. 10th. In the year one thousand seven hundred and eighty-five, the treaty of Hopewell vas made with the Cherokee Indians by the United States ;.bqt the agent of North Carolina protested against the same. In the year one thousand seven' hundred and ninety-one, the treaty of Hol- ston was made between the United States and the Cherokee Indians, des- cribing a line as therein mentioned : And by an act of CongVesg,, passed at the last session, fines, forfeitures and impdsonment are enacted against claimants and grantees of lands lying beyicAla said line, for doing things in said act mentioned. 1 1th. This general assembly believe that th@ enterers and grantees of lands lying over the said line, are much injured by the operatioii of the said last mentioned treaty, and are in possibility liable to be much more oppressed by the operation of the said last mentioned act of Congress, being thereby altogfther prohibited from doing any act of ownership, on lands by them, long time past, bona fide contracted and , paid for, and for which, in part, grants have issued under the faith of North Carolina and the United States. 12th. It is believed that the Indiana have no fee simple in the lands alluded to, otherwise the very deed made by North Carolina tQthe United States would be void. — If the Indians have any kind of claim to the lands in question, it is believed to be of the lowest kind of tenancy, namely that of tenants at will. 1 3th. This legislature ever willing to support the c^stitution and laws of the United States, made pursuant thereto, being imipressed witha sense of the injury and grievances sustained by the citizens in consequence of the line of the said treaty of Holston, and the act before mentioned, do earnestly request, that the prohibitions preventing, them to possess the lands before alluded to may be removed^Tbat providon by law be made y for extinguishing the Indian claim to said lands — That the owners' and grantees of said lands, may enter upon, occupy and possess the same in a full and ample manner, and have every right, privilege, and, advantage, which they are entitled to by constitutional laws ; which justice being t done to the citizens of this state, the ofiicers of government will be enabled to execute the constitutional laws of the United States with ease and con- venience. 26 Mr. Rhea from the committee to whom was referred the examination of engrossed bilU, reported, that they had examined an act raalung compen- sation to the members, clerks, &c. of the general assembly, and for other purposes, and that it was truly engrossed from the original ; which being signed by the speaker of the senate, was also signed by the speaker of this house in presence of the house. Ordered, that the following message be sent to the senate : Mr. Speaker and Gentlemen, This house propose the following resolution, which is sent to you for your concurrence : Resolved, that it shall be a duty of the senators and representative of this, state in the Congress of the United States, to lay a remonstrance of this legislature before Congress, and endeavor that the object thereof be obtained. A message from the Senate : Mr. Speaker and Oentlemen, The business of this general assembly being ended, this house propose adjourning sine die. Ordered, that the following message be sent to the Senate : Mr. Speaker and Gentlemen, ' This house concur with your message proposing an adjournment sine die. , , A, A message from the Senate : Mr. Speaker and Gentlemen, The senate concur with you in the resolution by you entered into, res- pecting the remonstrance to be presented to Congress. 27 ESTIMATE ofthepfiy of the members, clerks, and door keepers of flie gen- eral assembly, begun and held at Knoxville, on the 30lh day of July, 1796. NAMES; *2 s o 6 a a e e < Alexander Kelly, Joseph Black, Littlepage Sims, Joel Lewis, Robert Weakley, Seth Lewis, Samuel Frazier, Joseph Conway, John GasB, Joseph M'Min, Thomas Henderson, John Cocke, George Doherty, Alexander Outlaw, Adam Peck, James White, John Menefee, • John Crawford, George Rutledge, John Rhea, David Lboney, Jaqies 'Winchester, Stephen Cantrel, William Montgomery, John Clack, ^ Spencer Clack, Samuel'Newel, James Ford, William Fort, John Tipton, James Stu^ppt, John .piair, i George Rqulstone, C: S. Nathaniel. Buckingham, assistant cleik to do. 7 10 8 10 10 10 10 10 10 10 10 6 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 7 10 10 10 #1 7fi 1 75 1 75 1 75 1 75 1 75 1 1 1 1 1 1 1 1 1 75 75 75 76 75 75 75 75 75 1 75 1 75 1 75 75 75 75 75 75^ 75 75 75 1 75 75 75 75 75 75 60 1 76 25 30 36 400 400 400 160 116 150 160 100 70 60 100 56 240 240 240 330 370 360 60 60 24 440 440 218 200 186 $1 75 1 76 75 75 76 75 75 75 75 75 75 76 'IS 1 75 1 76 1 76 1 75 1 76 75 75 75 75 75 76 76 76 75 75 76 75 75 *1 75 19 60 16 52 45 60 46 60 46 50 28 70 26 62 28 28 70 26 50 15 40 21 70 24 50 21 42 17 50 17 60 17 50 34 30 34 30 34 30 40 60 43 40 42 70 21 70 21 70 19 18 48 30 48 30 32 76 26 25 30 52 25 17 60 28 Allowance to George Roul- slone for statipnary, Allowance to Nathaniel Buckingham for engross- ing. Iiudwell Grymes, clerk house of representative?, John Hillsman, assistant clerk to do. Ludwell Grymes, foreta- tionary, John £(ill|niian, for do, Thomas ^Boands, door- keeper to the senate, John Rhea, door-keeper the house of represen- tatwep, John Rhea for contingen-^ cies, I 10 10 10 2 50 1 76 1 75 1 76 8 25 11 4 4 17 50 17 50 4 Resolved, that the thanks of this house be given to James Stuajt, esq. for his careful discharge of the duties of speaker. The house then adjourned sine die. JAMES STUART, S. H. R. By order of the house, Ludwell Gbymes, c. H. R. oct-\^^^^ The date sfapwa^vidien tUs volume was taken. To renew this book copy the call No. and give to c the Ubrarian -,. i, -.sv^^ ■ """E "SE RULES. Vv X --- All Books su^ed to Recall All books must be re- ^ turaed at end of college vCT 3 1 197^ I? y®^"^ ^""^ inspection and w/ ^4 Volumes of periodi- •*■ cals and of pamphlets are held in the library aa I mudi i as possible. For special purposes they are given out for a limited time. BoH-owers should not use their library privileges for the bene- fit of other persons. Bodks of special value and gift books, when the giver wishes it, afe not allowed to circulate. Readers are asked to report all cases of books marked or mutilated. Do not deface books by niaiks and writing.