ROBERT W. WOODRUFF
LIBRARY
JOURNAL
OF TI
SENATE OF TENNESSEE
AT THE
TWENTY-FOURTH GENERAE ASSEMI8MT,
IIF.LD AT NASHVILLE.
JAMES WILLIAMS, E. G. EASTMAN, DONALD CAMERON, AND
A. M. ROSEBOROUGH,
PRINTERS TO THE STATE.
KNOXVILLE*
PRINTED BY JAMES WILLIAMS,
AT THE OFFICE OF THE POST.
1841.
JOURNAL
At a meeting of the "General Assembly of the State of Tennessee';
begun and held in the City of Nashville, on Monday the 4th day of
October, A. D. 1841, being the first session of the 24th General As--
sembly of said State, the following named Senators appeared, pro-
duced their credentials, and the several oaths required by the Constitu-
tion being administered by the Honorable Thomas Maney^ one of the'
Judges of the Circuit Court, they severally took their seats,, viz :
From the counties of
Carter, Sullivan, and Washington—Robert W. Powell.
Cockef Jefferson, Blount, and Sevierr-^-hewis Reneau.
Greene and Hawkins—Andrew Johnson.
Grainger, Claiborne, Campbell, Anderson, 8? Morgan—Wm. Williams.
Knox and Roane—John R. Nelson.
Monroe, McMinn,- Bradley, and Polk—John Miller.
Rhea, Bledsoe, Marion, Hamilton, and Meigs—Richard Waterhouse.
White, Overton, Fentress, and Jackson—Samuel Turney.-
Warren and Franklin— Samuel H. Laughlin.
Lincoln and Giles—Wm. T. Ross.
Smith and Summer—Joseph H. Peyton*-
Bedford— Richard Warner.
Maury—Barclay Martin.
Rutherford—William Ledbetter,
Davidson—Thomas R. Jennings.
Wilson—Benjamin T. Mctley.
Williamson—Robert C. Foster^ Jr.
Lawrence, Wayne, and Hickman—Thomas J. Matthews.
Dickson, Stewart, Humphreys,and Benton—J. P. Hardwicke.
Robertson and Montgomery—Henry Frey.
Henderson, Perry,- McMairy, and Hardin—Hezekiah Bradbury.
Henry, Weakly, and- Obion-r- John A. Gardner.
Carroll, Gibson, and Dyer—Valentine Sevier.
Madison, Haywood, and Tipton—John-B. Ashe.
Hardeman, Fayette, and fi'/W&y-^-Sackfield Maclin.
On motion of Mr. Warner, Mr. Hardwicke was called to the chair*
On motion of Mr. Laughlin, the Senate proceeded vha voce to the
election of Speaker.
Mr. Warner nominated Samuel Turney*, and -fib other person being
in nomination,—those who voted for Mr. Turney, were Messrs. Ashe,
Bradbury, Foster, Frey, Gardner, Hardwicke, Jennings, Johnson,
Laughlin, Ledbetter, Maclin, Martin, Matthews, Miller, Peyton--
Powella/RUIltittU, ROyy, StJVlbr, Waterhouse. Warner, an t
4
JOURNAL OF
For Barclay Martin, Mr. Nelson, 1.
For Richard Warner, Mr. Turney, 1-
For Henry Frey, Mr. Motley, 1.
Whereupon the Chairman declared Samuel Turney duly and con-
stitutionally elected, and he was conducted to the Chair.
On motion of Mr. Warner, that the Senate adjourn until 2 o'clock
this evening, the ayes and noes being demanded, were,
Ayes—Messrs. Gardner, Hardwicke, Johnson, Laughlin, Martin,
Maciin, Matthews, Miller, Powell, Ross, Waterhouse, Warner, and
Mr. Speaker Turney, 13.
Noes—Messrs. Ashe, Bradbury, Foster, Frey, Jennings, Ledbet-
ter, Motley, Nelson, Peyton, Reneau, Sevier, and Williams, 12.
And so the Senate adjourned to 2 o'clock this evening.
EVENING SESSION.
Senate met pursuant to adjournment.
■On motion of Mr. Jennings,
Ordered, That one Reporter for each newspaper published in the
State, have the privilege of a seat within the bar of the Senate.
On motion of Mr. Laughlin, that the Senate adjourn until to-mor-
row morning, 10 o'clock, the ayes and noes being demanded, were,
Ayes—Messrs. Gardner, Hardwicke, Johnson, Laughlin, Maciin,
Martin, Matthews, Miller, Powell, Ross, Waterhouse, Warner, and
Speakex" Turney, 13.
Noes—Messrs. Ashe, Bradbury, Foster, Frey, Jennings, Ledbet-
ter, Motley, Nelson, Peyton, Reneau, Sevier, and Williams, 12.
Whereupon the Senate adjourned until to-morrow morning 10
o'clock.
TUESDAY, OCTOBER 5, 1841.
The Senate met pursuant to adjournment.
On motion of Mr. Ledbetter,
The Senate proceeded viva voce to the election of principal Clerk.
Mr. Ashe nominated Jacob A. Lane, of White county.
Mr. Laughlin nominated Ezra Keyser, of Rutherford county.
Those who voted for Mr. Keyser, were Messrs. Gardner, Hard-
wicke, Johnson, Laughlin, Maciin, Martin, Matthews, Miller, Powell,
Ross, Waterhouse, and Warner, 12.
For Mr. Lane, Messrs. Ashej Bradbury, Foster, Frey, Jennings,
Ledbetter, Motley, Nelson, Peyton, Reneau, Sevier, Williams, and
Speaker Turkey, 13.
Whereupon, the Speaker declared Jacob A. Lane, duly andean-
stitutionally fleeted principal Clerk of the Senate, who took an oath
to support the Constitution of the United States, the State of Ten-
nessee, and an oath of office, administered in due form of law, by
Wilkins Tannehill, Esq. a Justice of the Peace for Davidson county,
and thereupon is permitted to enter upon the duties of his office.
On notion of Mr. Foster, of Williamson,
THE SENATE.
5
The Senate in like'manner proceeded, to the election of assistant
Clerk.
Mr. Waterhouse nominated Scott Terry, of Bledsoe county.
Mr. Ross nominated Benjamin F. Herndon, of Giles county.
Mr. Gardner nominated A. M. Caldwell, of Carroll county.
Mr. Ledbetter nominated EzraKeyser, of Rutherford county.
Those who voted for Mr. Terry, were, Messrs. Bradbury, Foster,
Ffey, Johnson, Miiler, Motley, Nelson, Powell, Reneau, Waterhouse,
and Williams, 11.
For Herndon, Messrs. Martin, Ross, and Warner, 3.
For Caldwell, Messrs. Ashe, Gardner, Hardvvicke, Jennings,'
Laughlin, Maclin, Matthews, Peyton, Sevier, and Speaker Tur-
ney, 10.
For Keyser, Mr. Ledbetter, If
The Senate again proceed^ viva voce to the election of assistant
Clerk.
When Mr. Ross withdrew the name of Benjamin F. Herndon.
Those who voted for Mr. Terry, were, Messrs. Frey, Johnson, Mil-
ler, Motley, Nelson, Powell, Reneau, Williams, and Waterhou. c, 9.
Those who voted for Mr. Caldwel1, were, Messrs; Ashe, Bradbu-
ry, Foster, Gardner, Hardwicke, Jennings, Laughlin, Maclin, Martin,
Matthews, Peyton, Ross, Sevier, Warner, and Speaker Turney, 15.
For Keyser, Mr. Ledbetter, 1.
Whereupon the Speaker declared A. M. Caldwell duly and consti-
tutionally elected asssitant cl^rk to the Senate, who look an oath to
support the Constitution of the United States, the State of Tennessee,-
and an oath of office, administered in due form of law, by YV ilkins
Tannehill, Esq. a Justice of the Peace for Davidson county, and there-
upon is permitted to enter upon the duties of his office.
On motion of Mr. Warner, the Senate proceeded to the election of
door keeper.
Mr. Nelson nominated Hays Arnold.
Mr. Johnson nominated Henry Tarrant.
Mr. Martin nominated Isham Duncan.
Mr. Laughlih nominated Stephen J. Mathews.
Mr. Maclin nominated Randolph D Casey.
Mr. Bradbury nominated Sion Rodgers.
Mr. Foster nominated Pea.
Mr. Warner nominated Wilson P. Davis.
Mr. Hardwicke nominated T. G. Martin.
Mr. Miller nominated John »M. Gibbs.
Mr. Ross nominated Samuel G. Buchanan.
Mr. Peyton nominated Jeremiah" Fisher.
Those who voted for Mr. Bgchanan was Mr. Ross, 1.
For Gibbs, Messrs. Miller, Powell, and Waterhouse, 3.
For Martin, Mr. Hardwicke, 1.
For Mr. Mathews, Messrs. Jennings, Laughlin, Matthews, ar-4
Motley, 4.
Far Davis, Mr- Warner, U
6
JOURNAL OP
-For Pea, Messrs. Ashe, Foster, Frey, - Ledbetter, and Wil-
liams, 5.
For Rodgers, Messrs. Bradbury and Sevier, 2.
For Casey, Messrs. Gardner, Maclin, and Reneau, '3.
For Duncan, Mr. Martin, 1.
For Tarrant, Mr. Johnson,-1.
■For Arnold, Messrs. Nelson, and Speaker Turney, 2.
For Fisher, Mr- Peyton, 1.
In like manner the Senate proceeded to the election of door keeper.
Those who voted for Mr. Pea, were Messrs, Ashe, Foster, Frey,
Ledbetter, Reneau, and Williams, 6.
For Casey, Messrs. Gardner and Maclin', 2.
For Mathews, Messrs. Jennings, L&ughljn, and Matthews, 3.
For Buchanan, Mr. Ross, 1.
For Gibbs, Messrs. Miller, Powell, an,d Waterhouse, 3.
For Martin, Mr. Hardwicke 1.
For Davis, Mr. Warner, 1.
For Rodgers, Messrs. Bradhury and Sevier,'2.
For Duncan, Mr. Martin, 1.
For Tarrant, Mr. Johnson, 1.
For Arnold, Messrs. Nelson, and Speaker Turney, '2.
For Fisher, Messrs. Motley and Peyton, 2.
The Senate „ proceeded the third time viva voce to the election of
.door keeper. *
Mr. P.ea being withdrawn by Mr. Foster.
Those who voted for Mr, Casey, were, Messrs. Gardner and Mac-
lin, 2.
For Mathews, Messrs. Frey, Jennings, Laughlin, Ledbetter,
.and Matthews, 5..
For Buchanan, Mr. Ross, 1.
For Gibbs, Messrs. Miller, Powell, and Waterhouse, 3.
For Martin, Mr. Hardwicke, 1.
For Davis, Mr. Warner, L
For Rodgers, Messrs. Bradbury and Sevier, 2.
For Duncan, Mr. Martin, I.
For Tarrant, Mr. Johnson, 1.
For Arnold, Messrs. Ashe, Foster, Nelson, Reneau, and Speak-
er Turney, 5.
For Fisher, Messrs. Motley, 'Peyton,-and Williams, 3.
The Senate then proceeded viva voce a fourth time to the election
.of door keeper.
When the name of Mr. Buchanan was withdrawn by Mr. Ross.
Those who voted for Mr. Casey, were, Messrs. Gardner and Mac-
liri, 2.
For Mr. 'Mathews, Messrs. Jennings, Laughlin, Ledbetter, and
Matthews, 4.
For Gibbs, Messrs. Miller, Powell, and Waterhouse, 3.
For Martin, Mr. Hardwicke, 1.
For Davis, Messrs. Martin, Ross, and JWarner, 3.
jSS!cr.Rodgers, Messrs. Bradbury, Frey, and Sevier, 3.
TftE SENATE.
7
For Tarrant, Mr. Johnson, 1.
For Mr. Arnold, Messrs. Ashe,' Foster, Motley, Nelson, Reneau,
and Speaker Turney, 6.
For Fisher, Messrs. Peyton and Williams, 2.
The name pf Isham Duncan was withdrawn by Mr. Martin.
The Senate proceeded viva voce the fifth time to the election of
door keeper,
When Mr. Fisher was withdrawn by Mr. Peyton.
Those who voted for Casey, were, Messrs. Gardner and Mac-
lin, 2.
For Mathews, Messrs.. Frey, Jennings, Laughlin, Ledbetter,
Matthews, Peyton, Reneau, and Williams, 8.
For Gibbs, Messrs. Miller, Powell, and Waterhouse, 3.
For Martin, Mr. Hardwicke, 1.
For Davis, Messrs. Martin, Ross, and Warner, 3.
For Rodgers, Messrs. Bradbury and Sevier, 2.
For Tarrant, Mr, Johnson, 1.
For Arnold, Messrs. Ashe, Foster, Motley, Nelson, and Speaker
Turney, 5.
The Senate then proceeded viva voce a sixth time to the election of
door keeper.
Those who voted for Casey, were, Messrs. Gardner and Mac-
lin, 2.
For Mathews, Messrs. Foster, Frey, Jennings, Laughlin, Led-
better, Matthews, Peyton, and Reneau, 8.
For Gibbs, Messrs. Miller, Powell, Waterhouse, and Wil-
liams, 4.
For Martin, Mr. Hardwicke, 1.
For Davis, Messrs. Martin, Ross, and Warner, 3.
For Rodgers, Messrs. Bradbury and Sevier, 2.
For Tarrant, Mr. Johnson, 1.
For Arnold, Messrs. Ashe, Motley, Nelson, and Speaker Tur-
ney, 4.
The Senate -proceeded viva voce a Seventh time to the election of
door keeper.
Those who voted for Casey, were, Messrs. Gardner and Mac-
lin, 2.
For Mathews, Messrs. Foster, Frey, Jennings, Laughlin, Led-
better, Matthews, Motley, Peyton, Reneau, and Williams, 10.
For Gibbs, Messrs. Miller, Powell, and Waterhouse, 3.
For Martin^ Mr. Hardwicke, 1.
For Davis, Messrs. Martin, Ross, and Warner, 3.^
For Rodgers,-Messrs. Ashe, Bradbury, and Sevier, 3.
For Tarrant, Messrs. Johnson and Nelson, 2.
F6r Arnold, Mr Speaker Turney, 1. (
The Senate proceeded viva voce an eighth time to the election of
door keeper.
'Those who voted for Casey, 'Were, Messrs. Gardner and Mac-?
f Jin,-2.
JOURNAL OF
For Matthews, Messrs. Foster, Frey, Jennings, Laughlin, Ledbetterv
Mathews, Motley, Peyton, Reneau, Williams, and Speaker Turney* 1L
For Gibbs, Messrs Miller, Powell, and Waterhouse, 3.
For Martin, Mr. Hardwicke, 1.
For Davis, Messrs. Martin, Ross, and Warner, 3.
ForRodgers, Messrs. Ashe, Bradbury, and Sevier, 3.
For Tarrant, Mr. Johnson, 1.
For Arnold, Mr. Nelson, 1.
When Mr. Davis was withdrawn by Mr. Warner.
The Senate proceeded a ninth time to the election of door keeper.
Those who voted for Casey, were, Messss. Gardner and Mac-
lin, 2.
For Mathews, Messrs. Foster, Frey, Jennings, Laughlin, Ledbetter,
Mbtthews, Motley, Peyton, Reneau, Ross, Warner, and Williams, 12.
For Gibbs, Messrs. Miller, Powell,and Waterhouse, 3.
For Martin, Mr. Hardwicke, 1.
For Rodgers, Messrs. Ashe, Bradbury, and Sevier, 3.
For Tarrant, Messrs. Johnson, Martin, and Nelson, 3.
For Arnold, Mr. Speaker Turney, 1.
The Senate proceeded viva voce 4he tenth time to the election of
door keeper.
Those who voted ior Casey, were, Messrs. Gardner, Maclin,
and Powdl, 3:
For Mathews, Messrs. Frey, Jennings, Laughlin, Ledbetter, Matthews^.
Motley, Peyton, Ross, and Warner, 9.
For Gibbs, Messrs. Miller and Waterhouse, 2.
For Martin, Mr. Hardwicke, 1.
ForRodgers, Mr. Sevier, 1.
For Tarrant, Messrs. Johnson and Martin, 2.
For Arnold, Messrs. Afehe, Bradbury, Foster, Nelson, Reneau;
Williams, and Speaker Turney, 7t •
The Senate proceeded viva voce the 11th time to the election of
door keeper. |
Those who voted for Casey, were, Messrs. Gardner, Maclin,
Powell, and Warner, 4.
For Mathews, Messrs. Frey, Jennings, Laughlin,Ledbetter, Matthews, ^
Motley, Peyton, Ross, and Williams, 9.
For Gibbs, Messrs, Miller and Waterhouse, 2.
For Martin, Mr. Hardwicke, 1.
For Rodgers, Mr. Sevier, .1.
For Tarrant; Messrs. Johnson and Martin, 2k
For-Arnold, Messrs. Ashe, Bradbury, Foster, Nelson, Reneau, and
Speaker Turney, 6.
The .Senate proceeded, viva voce the 12th time to the election of
door keeper. 4
Those who voted for- Casey, were, Messrs. Gardner *and Mac-
lin, 2.
For Mathews, Messrs. Frey, Jennings, Laughlin,Ledbetter, Matthews, ^
and Peyton, 6.
For Gibbs, .Messrs* Miller, Powell, and .Waterhouse* 3.
THE SENATE.
g
For Martin, Messrs*. Hardwicke and Martin, 2.
For Rodgers, Mr. Sevier, 1.
For Tarrant, Messrs. Johnson, Ross, Warner, and Williams, 4.
For Arnold, Messrs. Ashe, Bradbury, Foster, Motley, Nelson^ Reneau,
and Speaker Turney, 7.
The Senate proceeded viva voce the 13th time to the election of
door keeper.
Those who voted for Casey, were, Messrs. Gardner, Maclin,
and Ross, 3.
For Mathews, Messrs. Frey, Jennings,Laughlin, Ledbetter, Matthews,
Peyton,'and Warner, 7.
For Gibbs, Messrs. iller, Powell, and Waterhouse, 3.
For Martin, Mr. Hardwicke, 1.
For Rodgers, Messrs. Seine r and Williams, 2.
For Tarrant, Messrs. Johnson and Martin, 2,
For Arnold, Messrs. Ashe, Bradbury, Foster, Motley, Nelson,
Reneau, and Speaker Turney, 7.
The Senate proceeded viva voce the 14th time to the eh ction of
door keeper.
Those who voted far Casey, were, Messrs. Gardner, Maclin, and
Williams, 3.
For Mathews, Messrs. Frey, Jennings, Laughlin, Ledbeth r, Mat-
thews, and Peyton, 6.
For Gibbs, Messrs- Martin, Miller, Powell, and Whterhome, 4,
For Martin, Mr. Hardwicke, 1.
For Rodgers, Mr. Sevier, 1.
For Tarrant, Messrs: Johnson and Ross, 2.
For Arnold, Messrs. Ashe, Bradbury, Foster, Motley, NeL m, Re-
neau, and Speaker Turney, 7.
/The Senate proceeded viva voce the 15th time to the election of door
keeper.
Those who voted for Case^, were, Messrs Gardner and M irlin, 2.
For Mathews, Messrs. Frey, Jennings, Laughlin, Led bet r, Mat-
thews, RoSs, and Warner, 7.
For Gibbs, Messrs. Martin, Miller, Powell, Waterhouse, and WiL
liams, 5.
For Martin, Mr. Hardwicke, 1.
For Rodgers, Mr. Sevier, 1.
For Tarrant, Mr. Johnson, 1.
For Arnold, Messrs. Ashe, Bradbury, Foster, Motley, Nel-mn,.Pey-
ton, Reneau, and Speaker Turney, 8.
On motion of Mr. Martin, the Senate adjourned until 2 o'clock, P. M.
EVENING SESSION;
The Senate proceeded viva voce the 16th time to the election of door
keeper.
Those who voted for Casey, were, Messrs. Gardner and Maclin, 2.
For Mathews, Messrs. .Frey, Jennings, Matthews, Peyton, and Rer -
n.eaUv,5..
10
JOURNAL OF
For Gibbs, Messrs. Bradbury, Laughlin, Martin, Miller, Powell?
Ross, Waterhoyse, ana Warner, 8.
For Mgrtin, Mr. Hardwickey1 1.
For Rodgers, Mr. Sevier, 1.
For Tarrant, Messrs. Johnson and Motley, 2.
Forl Arnold, Messrs. Ashe, Nelson, Williams, •and Speaker Tur-
ney, 4.
Mr. Rodgers was then withdrawn by Mr. Sexier.
The Senate proceeded viva voce the 17th time to the election of door
keeper.
Those who voted for Casey, were, Messrs. Maclin and Sevier, 2.
.For Mathews, Messrs. Frey, Jennings, Ledbetter, Matthews, Peyton,
and Reneau, 6.
For Gibbs, Messrs. Bradbury, Gardner, Laughlin, Martin, Millar,
Powell, Ross, Waterhouse, and Warner, 9.
For Martin, Mr. Hard wicke, 1.
For Tarrant, Messrs. Johnson, Motley, and Williams, 3.
For Arnold, Messrs. Ashe, Foster, Nelson, and Speaker Turney, 4.
The SenatCproceeded viva voce the 18th time to the election of door
keeper.
Those who voted for Casey, Were," Messrs. Maclin, Reneau, and Se-
vier, 3.
For Mathews, Messrs. Frey, Jennings, Ledbetter, and Matthews, '4.
For Gibbs, v*essrs. Gardner,Laughlin, Martin, Miller, Powell, Ross,
Waterhouse, Warner, and, VVYiliams, 9.
For Martin, Mr. Hard wicke, 1,
For Tarrant, Mr. Johnson, 1.
"For Arnold, Messrs. Ashe, Bradbury, Foster, Motley, Nelson, Pey-
ton, and Speaker Turney, 7.
The Senate proceeded viva voce the 1.9th time to the election of door
keeper.
Those who voted for Casey, were, Messrs. Gardner, Maclin, Mar-
tin, Sevier, and-Ross, 5.
For Mathews, Messrs. Bradbury, Foster, Frey, Jennings, Ledbet-
ter, and Mathe ivs, 6. ,
For Gibbs, Messrs, Laughlin, Miller, Powell, and Waterhouse, 4.
For Martin, Mr. Hard wicke, 1
For Tarrant, Messrs, Johnson and Motley, 2.
For Arnold, Messrs. Ashe, Nelson, Peyton, Reneau, Williams, and
Speaker Turney, 6.
The Senate proceeded viva voce the 20th time to the election of do'Or
keeper.
Those who Voted for Casey, were, Messrs. Gardner, Maclin, Ross,
and Sevier, 4.
For Mathews, Messrs. Bradbury, Frey, Jennings, Ledbetter, and
Matthews, 5.
For Gibbs, Messrs. Laughlin, Martin, Miller, Powell, Waterhouse,
and Warner, 6.
~<For Martin, Mr. Hard wicke, 1.
•JFojrTarrant, Messrs. Johnson and Motley, 2.
THE SENATE.
11
'Tor Arnold, Messrs. Ashe, Foster, Nelson, Peyton, Reneau, \Vih-
liams, and Speaker Turney, 7.
The Senate proceeded viva voce the 21st'time to the election of door
keeper..
Those who voted for Casey, were, Messrs." Gardner, Maclin, Ross,
and Sevier, 4.
For Mathews, Messrs. Jennings, Ledbetter, and Matthews, 3.
For Gibbs, Messrs, Laughlh, Mart'in, Miller,' Powell, Wcterhouse,
and Warner, 6.
For Martin, Mr. Hardwicke, 1.
For Tarrant, Messrs.'Johnson and Motley, 2.
For Arnold, Messrs. Ashe, Bradbury, Foster, Frey, Nelson, Peyton,
Reneau, and Speaker Turney, 9.
The Senate proceeded viva voce the 22nd time to the election ojfdoor
keeper.
Those who voted for Casey, were, Messrs. Gardner, Maclin, and
Warner, 3.
For Mathews, Messrs. Laughlin and Matthews, 2.
For Gibbs, Messrs. Martin, Miller, Powell, Ross, and Waterhouse, 5.
For Martin,-Mr. Hardwicke, 1.
For Tarrant, Mr. Johnson, 1.
For Arnold, Messrs. Ashe, Bradbury, Foster, Frey, Jennings, Led-
better, Motley, Nelson,'Peyton, Reneau, Sevic, Williams, and Speaker
Turney, -13.
Whereupon the Speaker declared Hays Arnold, duly and constitu-
tionally elected door keeper of the Senate, Vho entered upon the duties
of his offiee.
On motion of Mr. Ledbetter, the following resolution was adopted:
Resolved, That jthe regular hour of* meeting in the Senate, shall be
9 o'clock in the forenoon, and 2 o'clopk in the afternopn, until other-
.wise ordered. * (
On motion -of Mr. Laughlin, the following Resolution, was adopted :
Resolved, That the rules for the government of the Senate, adopted
at the last session, be adopted for the government of the present Seriate,
until otherwise ordered; and that a committee of three be appointed to
draft and report rules for the government of the Shnate, at the present
session.
On motion of Mr. Hardwicke,
Ordered, That the Clerk communicate to the House of Representa-
tives, by message in writing, that a quorum of the Senato assembled, were
organized, and ready to proceed to the despatch of public business.
Qn motion of Mr. Foster, the-Senate adjourned until to-morrow morn-
ing, 9 o'clock.
WEDNESDAY, October 6, 1841.
4
A message from the House of Representatives, by Mr. Mitchell,
their clerk:
Mr. Speaker: I am directed to inform the Senate that a quorum of
rfhc&ouse of Representatives did assemble in the Representative .Hall,
JOURNAL OF
on Monday, the 4th inst;, in obedience to the Constitution. They
have elected Burchett Doug-lass, Representative from Fayette county,
their Speaker, Stokely D. Mitchell their Principal clerk, Thomas A*
Brown and John Blevins their assistant clerks; and David J. Carr,
principal door-keeper, and Pleasant M. Hornback, their assistant door-
keeper ; and the House of Representatives being fully organized, is
now ready to proceed to public business.
And then he withdrew.
A message from the Blouse of Representatives, by Mr. Mitchell,
their clerk:
Resolved,, That a committee of four of the members of the House
of Representatives be appointed, to join such cpmmiitee as shall be
apppintcpl by the Senale, to wait on his Excellency the Governor of the
State of Tennessee, and inform him that the two branches of the Gen-
eral Assembly are now organised, and ready to receive any communi-
cation he may think proper to make ; and that the cleik of the House
info tin the Senate of the adoption of this resolution, and of the names
of tin committee on part of the House. Messrs. Dew, Burton., Fain,
and Lillofk, were of said committee; in which they ask the concur-
renee oii the Senate.
Aid then he withdrew.
P J i coupon said message was read, and on motion of Mr. Warner,,
wnsc neurred -with. The Speaker then appointed Messrs. Hardwicke
and Wn'ner to be of said committee on the part'of the Senate.
T{ o Speaker presented the Report of the*Comptroller of the Treas-
ury * 10 St he of Tennessee ; which is ordered to the table.
I'll- Speaker thereupon appointed Messrs. Laughlin, Ledbetter, and
M r in a committee to cfraft and report rules for the government of the
Sen. te, touching its proceedings at the present session.
Gn motion of Mr. Martin, the following resolution was submitted;
V . v ved hj.the Senate, That there shall be neither pipe, or cigar
smr Led within theR chamber, during tfie business hours of the Senate,
at the present session of the General Assembly.
And on motion of Mr. Jennings, the rale being suspended, requiring,
rest luticiis to lie on the table one day, said resolution was adopted.
A message from the House of Representatives^by Mr. Mitchell, their
clerk:
Mir. Speaker: The House of Representatives have adopted a re-
solution, proposing a committee to act in conjunction \,vith a committee
of the Senate, tci prepare and report joint rules and orders, for confer-
ence between the Senate and House of Representatives, and have ap-
pointed Messrs*. Dew of Maury, Perkins of Williamson, Scruggs of
Jefferson, Buchanan of Giles, and Hill of Warren, to be of saidcom-
mittee on the part of the House of Representatives ; in which resolution
they ask the concurrence of the Senate.
And then he withdrew.
• A message from the House of Representatives, by Mr. Mitchell, their
clerk:
Mm Speaker: The House of Representatives have adopted a re-
solution,.that the Senate meet the House of Representatives in their
THE SENATE.
n
hall, en Monday, the 11th inst., at 10 o'clock, A. "M., for the pur-
pose of electing a Judge for the 1st judicial circuit in the State of
Tennessee, and ask the concurrence of the Senate theren.
And then he -withdrew.
On motion of Mr. Martin, the Senate adjourned until 2 o'clock,
P. M.
EVENING SESSION.
The Senate met pursuant to adjournment.
Mr. Jennings submitted the following amendment to the rules for
the government of the Senate ;
That the 44th rule be amended so that a call for the previous ques-
tion when sustained, shall preclude all further debate, but shall hoi
preclude a vote on all amendments that have been already offered.
Mr. Johnson submitted the following amendment to the rules for the
government of the Senate : That an additional committee in the Se-
nate be appointed to be called the committee on public roads ; which
amendment prevailed.
The Speaker of the Senate presented the report of the Treasurer of
Tennessee, on the state of the finances ; which report is ordered to the
table.
Mr. Laughlin, Chairman of the committee, directed by a rule of the
Senate to prepare and report rules for the government of the Senate,
returned said report, as in and by said rule directed.
Mr. Jennings moved that the report of the committee on rules for the
government of the Senate, be re-committed with instructions to report
on the proposed amendment of the 44th rule by him submitted; which
motion, with the amendment, was rejected.
Mr. Laughlin moved that the report of the committee on the'rules
for the government of the Senhte, with the amendment offered by Mr.
Jennings, be laid on the table.; which motion prevailed.
-Mr. Hardwicke, from the committee appointedto wait on his Excel-
lency James K. Polk, Governor of Tennessee, reported that the com-
mittee had performed the duty assigned them, and that his Excellency
would on to-morrow, at 10 o'clock, A. M., make his communication ia
writing.
Mr. Martin moved that the Senate take up the report of the com-
mittee on the rules for the government of the Senate; which motioh
prevailed.
Mr. Nelson moved that the committee set forth in the rules, reported
for the government of the Senate by the coniraittee, called " The com-
mittee on Federal relations," be stricken out; which motion was re-
jected.
On motion of Mr. Laughlin-, the following rules and orders, for con-
ducting the business of the Senate, reported by the chairman of the
committee to whom the same was referred by a rule of the Senate,
were adopted; which report is as follows, to wit:
14
JOURNAL OF*
RULES.
TOUCHING THE DUTY OF THE SPEAKER.
1st-. He shall take the chair every day, precisely at the hour to which
the Senate ptands adjourned on the preceding day : shall immediately
call the members to order, and on the appearance of a quorum, shall
cause the journal of the preceding.day to be read.
2d. He shall preserve order and decorum, may speak to points of
order, in preference to other members, rising from his seat for that pur-
pose: shall decide questions of order, subject to appeal to the Senate
by any two members, on which appeal no member shall speak more
than once, unless by leave of the Senate.
3d. He shall rise to put a question, but may state- it standing.
4th. Questions shall be directly put in this lorm, to wit, as many
as are of opinion that (as the question may be) say aye, and after the
affirmative will is expressed, as many as are of a contrary opinion, say
no. If the Speaker doubt, or a division be called for, the Senate shall
divide, those in the affirmative of the question shall first rise from their
seats, and afterwards those in the negative.
5th. The Speaker shall examine and correct the journal before it is
read. He shall have a general direction of the Senate chamber. He
shall have a right to name any member tto perform the duties of the
chair, but such substitution shall not extend beyond an adjournment
Gth. All committees shall be appointed by the Speaker, unless other-
wise*f pecially directed by the Senate, in which case they shall be ap-
pointed by the Senate viva voc&j and if upon the first- time of voting
there is no election, there shall be a second voting, in which a plurality
of votes shall prevail.
7th. In all other-cases a majority of the votes given, shall be'neces-
saryto an election.
8th. In case of any disturbance or disorderly conduct in-the lobby,
the Speaker or chairman of the committee ot the whole, shall have the
power to order *he same to be cleared.
ORDER OF THE BUSINESS OF THE DAY*
9th. As "oon as the journal-is read, the Speaker shall, through the
clerk, call lor petitions from Senators by districts, beginning, with the
most eastwardly and progressing westwardljf. Reports from standing
committees shall be next in order. Then reports from select commit-
tees.
10th. No member shall speak to another or otherwise interrupt the
business of the Senate, or read any newspaper wThile the journals or
public papers-are reading, or when any member is speaking in any de-
bate.
11th. Every member when he speaks, shall address the chair, stand-
ing in his place, and shall confine himself to the question under debate,
and shall avoid personalities, and when he has finished, shall sit down.
12th. When two or more members rise at the same time to sneak.
THE SENATE,
thb Speaker shall determine who has the floor,-but in all cases, the
member who shall first rise and address the chair, shall speak first.
13th. If any member in speaking, or btherwise, transgress the rules
of the Senate, the Speaker shall, or any member may call to order, in
which case the member sa called to order, shall immediately sit down,
unless permitted to explain,, and the Stnate'shall, if appealed to, decide
on the case, but without debate.. If there be no appeal, the decision
of the chair shall he. submitted to* If the decision be in favor of the
member called to order, he shall be permitted to proceed without leave
of the Senate, and if. the case require-it, he shall be liable to the cen-
sure of the Senate.
14th. If the member called to order by a Senator, for words spoken,
the exceptionable words shall immediately be taken, down in writing,
that the Speaker may be better enabled to judge .of the matter.
15th. No member shall absent himself from the service of the Se-
nate, without leave first obtained, and in case a less number than a
quorum of the Senate shall convene, they are hereby authorised to send
the door-keeper, or any other person or. persons by them authorised,
for any, or all absent members, as the majority of such members pre-
sent shall agree, at the expense of such absent member respectively,
unless such excuse for non-attendance shall be made, as the Senate,
when a quorum is convened, shall .judge sufficient.
j 6th.. No motion shall be debated, until the same-be seconded.
17th. When a motion shall be made and seconded, it shall be redue-t
edto writing, if desired by the Speaker or any member, delivered ia
at the table and read, before the same shall be debated.
18th. When a question is under debate, no motion shall be received,
hut to adjourn, lie on the table, for the previous question, to postpone
to a day certain,4o commit or amend, to postpone indefinitely, which
several motions shall have precedence in the order they stand arranged,,
and the motionfor adjournment shall always he i,n order, and be decid-
ed without debate.
19th. If the question in debate contains several points, any member
may have the same divided, but on motion to strike, out and insert, it
shall not be in order to move for a division of the question, but a re-
jection of a motion 4o strike out and insert one proposition shall not
prevent a motion to strike out and insert a different proposition, nor
prevent a subsequent motion simply to strike out, nor shall the rejec-
lion of a motion simply to strike out prevent a subseqpent motion le
strike out and insert.
20th. In filling up blanks, the largest sum and longest time shall be
first put.
21st. When the reading of- a paper is first called for$ and the same
is objected toby any member, it shall be decided by a vote .of the Se-
nate, without debate.
22d. When |he ayes and noes shall he called for by any two mem-
hers, each, membey called upon shall, unless for special reasons to be
excused by the Senate, declare openly and without debate, his assent or
dissent to the question. In taking the ayes and noes upon the call ©f
the Senate, .the,names of the Senators shall be,taken alphabetically.
M6
•"JOURNAL OF
23d. 'When the ayes and noes shall be taken on any question in
.pursuance of the above rules, no member shall be permitted under any
circumstances whatever, after 'the decision is announced from the chair.
24th. V\ hen a question has been once made, and carried in the af-
Urinative or negatiye, it shall be in order for any member of the major-
ity to move for the reconsideration thereof, but no motion for the re-
consideration of any vote shall be in order after a bill, resolution, mes-
sage, report, amendment, or motion upon which the vote was taken,
■shall hayO goiie out of the possession of the Senate announcing their
decision, nor shall any motion for reconsideration bp in order, unless
made on the same day on which the vote was taken, or within the
two next days of actual session of the Senate thereafter.
25 th. Before any petition or memorial addressed to the Senate shall
be received and read at the table, a brief statement of the contents of
the petition or memorial shall be verbally rntule by the introducer.
26th. JEvery bill shall be introduced by motion or leave, or by an or-
derof the Senate, on the report of the committee. And all bills shall
be despatched in the order they were introduced, unless when the Se-
mate shall otherwise direct.
27th. The first reading of a bill shall be for information, and if op-
position be made to it, the question shall be, "shall this bill be reject-
ed." If no opposition be made, or if the question to reject be nega-
lived, the bill shall go to the second reading without a question.
28th. Before the seoond reading of the bill, the Speaker shall state
It as ready for Commitment, and if committed, then the question shall
bC, whether to a select or standing committee, or to a committee of the
whole. If to a committee of the whole, the Senate shall determine on
■what day.
29i.h. After commitment and report thereof to the Senate, or at any
time before its passage^ a bill may be re-committed.
, 30th. All bills ordered to be engrossed, shall be executed in a fair
round hand.
31 st. No amendment, by way of rider, shall be received to any bill
on its third reading, nor shall any amendment be allowed to a bill up-
on any reading, foreign to its subject matter.
32d. When a bill shall pass, it shall be certified by thO clerk, no-
ting the day of its passage at the foot thereof.
33J. Bills coming from the House of Representatives shall hare
precedence of bills in the Senate on the same subject.
34th. In forming a comftiittee of the whole, the Speaker shall leave
the chair, and a chairman be appointed by the Speaker to preside ia
committee.
35th. Upon bills committed to a committee of the whole, the bill
shall be read throughout by the clerk, and then again read and debat-
ed by clauses, leaving the preamble to be last considered; the body of
the b;l$*hall not be defaced or interlined, but all amendments, noting
the page and line, shall be duly entered by the clerk on a separate pa-
per, as the same shall be agreed to by th~ committee, and so reported
t j the Senate; after report, the bill sh ill again be subject to be debated
and amended by clauses before a question to engross it be taken.
THE SENATE.
36th. All amendments made to an original motion in committee, shall
he incorporated with the motions and so reported.
37th. All amendments made to a report, Committed to a committee
of the whole, shall be noted and reported as in case of bills.
38th. All questions whether in committee or in the Senate, shall be
propounded in the order in which they were moved, except that of fill-
ingup blanks.
39th. The rules of the Senate shall be observed in committee of the
whole, so far aS applicable, except the rule limiting the time of speak-
ing; but no member shall speak twice to any question, until every
member choosing to speak shall have spoken.
40th. No standing rule or order of the Senate shall be rescinded or
changed, without one day's notice being given of the motion thereof.
Nor shall any rulebe suspended, -except by a vote of at least two thirds
of the members present.
41st. It shall be in order for the committee on enrolled bills, to re-
port at any time.
42d. Messages may be introduced at any state of business, except
while a question is, putting, while the ayes and noes are takings or
while voting in an. election.
43d. There shall be the following'standing committees, to wit:
1st. A Committee of Privileges and Elections.
2d. Finahce.
3d. Ways and Means-
4th. Claims.
5th. Education and Common Schools.
6th. Judiciary.
7th. Internal Improvements.
8th. Military Affairs.
9th. New Counties and County Lines.
10th. Public Lands.
11th. Penitentiary.
12th. Banks.
13th. On Federal Relations.
14th. Public Roads.
15th. Enrolled Bills.' . - , . .
44th. The previous question &hall be in this form, "shall the maih
question be now put." It shall' only be admitted when demanded by
a majority of the'mfembers present,fand until it is decided, shall pre-
elude all amendment and debafeonthe main question.
45th. When a'bill is withdrawn for amendment, the same ^hall be
returned in three days thereafter; all resolutions shall lie one day on the
table before thCy receive the' action of the Senate.
46th. After the morning business is gone through, the business be-
for? the Senate shall be taken up in the following order:
1st. Introduction of Bills and Resolutions.
2d. Resolutions which have been introduced shall be considered
3rd. House bills on their third reading.
4th. House bills on their second reading.
5th. House bills on their first reading.
2
18
JOURNAL OF
6th. Senate bills on their first reading.
7th. Senate bills on their second reading.
All of whichAs most respectfully submitted.
S. H. LAUGHLIN, Chairman.
On m'otion of- Mr. Martin,-
Resolved, That there be printed for the use of the Senate, fifty cu-~
pies in pamphlet form of the piles addpted for the government of th^
Senate at the present session.
On motion of Mr. Williams,
The Senate adjourned until to-monaw morning-9* o'clock.
THURSDAY, October 7, 1841.
Mr. Speaker Turney presented the report of the Secretary of State,
concerning certain acts and journals of the General Assembly of the
State of Tennessee, and now in the office of said Secretary, under an
act of the General Assembly, passed 29th of January, 1S40.
And on motion of Mr. Laughlin, said report was ordered to lie on
the table.
Mr. Speaker Ihirney presented the following communication from
John S. Aoung. Secretary of State;
Secretary 6f State's OrncE, )
October 7th, 1841. )
To the Speaker of the Senate and House of Representatives: I have
the honor herewith to transmit to your honorable body such duplicate
sealed proposals for executing the printing and furnishing stationer
and fuel tobotli Houses of the present General Assembly, a? have been
placed in my hands in conformity with the act of 3835.
Very respectfully,
JOHN S, YOUNG,
Secretary of State.
Which was read and ordered to the table.
Mr. Ledbetter submitted the following:
Resolved, That a joint select committee to consist of' —— members
of the part of ffie Senate and —members on the part of the House
of Representatives, be appointed to contract for the printing of the
Laws and Journals of the General Assembly, and for such job printing
as may be ordered by the two houses, and that the report of the Sec-
retary of'State, with the accompanying proposals, made in pursuance
of an act passed 18th of February, 183G, be referred to said commit-
tee ; which was read and ordered to the table*
On motion of-Mr. Warner,
The Senate then took-up the message from the House of Represent-
allocs, proposing the appointment of a committee on part of the Senate,
to act in'conjunction with a committee appointed by the House, to pre-
pare and report joint rules and orders of conference between the Se-
na;V and House of Representatives; which being read, was concurred
vita-
THE SENATE.
19
The Speaker then appointed, Messrs. Foster, Williams, Johnsonr
and Miller of committee on part of the Senate.
John S. Young, Esq., Secretary of State, presented a message in
writing from his Excellency James K. Polk, Governor of^ the State of
Tennessee ; Which was read at the clerk's table.
On motion of Mr. Wkterhouse,
It is directed by the Senate and so ordered, that five thousand copies
of the Governor's Message be printed for the use of the Senate.
Mr. Laughlin moved an amendment to the motion of Mr. Water-
house, proposing'that one hundred copies of the Governor's Message,
with the accompanying documents, be printed for the use of the Senate;
which-motion, Mr. Laughlin withdrew. <
Mr. Foster submitted the following:
Resolved, That the Senate meet the'HoUse of Representatives upon
the 9th instant in their hall, to compare the votes cast for Governor in
the election of 1841 ; and on motion*of'-Mr. Ledbetter,
The rule requiring the resolution to lie one day on the table being
suspended; said resolution was adopted.
Mr. Johnson moved—
That the documents accompanying the Message' of his Excellency
James K. Polk, and therein referred to, be read ; which motion prevail-
ed; apart of said documents'bein<*read at the clerk's table; when
on motion of Mr. Warren, the further reading of said documents Was
suspended.
A message from the House of Representatives, by Mr. Mitchell,
their clerk:
Mr. Speaker:1 X'atn directed to inform the Senate that the House
of Representatives have had under consideration the resolution
which they adopted, proposing to meet the House on the 9th instant and
compare the votes cast for Governor in the year.1841, and have con-
cur-red therein.
And then he withdrew.
Mr. Ashe submitted the following.: 4
Resolved, That the Senate meet the House of Representatives in
their hall, on Monday, the 11th instant, for the purppsq of electing fc
Solicitor General for the 9th judicial district.
And the rule being suspended, the resolution was adopted.
On motion of Mr. Foster,
The Senate adjourned until 2 o'clock.
E-VENING- SES-SICTX.
The Seriate met pursuant to adjournment.
Mr. Speaker Turney appointed .the following, standing committees.
On Privileges and Elections :
20 JOURNAL OF
On Ways and Means:
Messrs. Ledbetter, Reneau, Miller, Waterhouse^ Frey, Warner, and
Ross.
On Finance:
Messrs. Johnson, Gardner, Motley, Hardwicke, Miller, and Wil-
liams.
On Claims:
Messrs. Warner, Ledbetter, Williams, Maclin, Martin, and Peyton.
On Education and Common Schools:
Messrs. Martin, Ashe, Nelson, Laughlin, and Warner.
On the.Judiciary:
Messrs. Foster, Laughlin, Nelson, Gardner, Martin, Ross, and
Maclin.
On Internal Improvements :
Messrs. Nelson, Hardwicke, Foster, Johnson, Warner, Gardner,
Bradbury, and Laughlin.
On Military Affairs :
Messrs. Bradbury, Sevier, Matthews, Powell, and Waterhouse.
On New Counties and County Lines :
Messrs. Peyton, Miller, Powell, Ledbetter, and Laughlin.
On the Penitentiary:
Messrs. Hardwicke, Motley, Johnson, Frey, and Jennings.
On Banks:
Messrs. Laughlin, Jennings, Ross, Maclin, Martin, Powell, Foster,
Motley, and Williams.
On Public Lands :
Messrs. Maclin, Miller, Foster, Gardner, Reneau, and Matthews.
On Public Roads :
Messrs. Powell, Johnson, Bradbury, nnn l.Yiiiiome.
THE SENATE.
21
On Federal Relations :
Messrs. Laughlin, Martin, Gardner, Foster, and Ashe.
On Enrolled Bills :
Messrs. Frey, Sevier, and Waterhouse.
Mr. Williams submitted the following:
Resolved, That the clerk, under the direction of the Speaker of the
Senate, be authorised to contract for the necessary stationery for the
use of the Senate ; and the rule being suspended, the resolution was
adopted.
Mr. Laughlin submitted the following:
Ordered, That the clerk of the Senate employ J, G Harris, the
public printer employed by the last Senate, to do such job printing as
may be required by the Senate, until otherwise ordered. «
Air. Foster submitted the following:
Resolved, That the subject matter of the Governor's Message, with
the accompanying documents, be referred to the appropriate commit-
tees.
Mr. Laughlin submitted the following :
Resolved, That a select committee of five be appointed to examine
the documents accompanying the Governor's Message, with instruc-
lions to examine and report what portion of the same ought to be
printed with the Message, and what portion it may be inexpedient to
print.
Mr. Speaker Turney appointed Messrs. Laughlin, Lcdbetter, Fey-
ton, Ashe, and Waterhouse, to be said committee.
Mr. Jennings moved that the door-keeper be authorised and directed
to procure six additional chairs for the use ,pf the Senate; which was
adopted.
Mr. Gardner introduced a bill to repeal the 3d and 4th sections of
the act of 1811, chapter 113 ; which wis- read a first time and passed.
Mr. Foster, from the joint select committee appointed to draft and
prepare rules to regulate the intercourse between the two branches of
the General Assembly, reports that the committee had instructed him
to submit the following rides,- and qsk their adoption ;
JOINT RULES OF TIIE TWO HOUSES,
tor the first session of the twe^ty-rottrth general assembl1
of tiie state of tennessee.
1st. In every cases' of amendment of a bill agreed to in one house and
dissented to in the other, if either house shall request a conference, and
appoint a committeeifor that purpose, and the other home shall also
appoint a committee, such committees shall at a convenient hour to
beinamed by their chairman, meet in conference, and state to each
12
JOURNAL OF
ether verbally or in writing, as either shall choose, the reasons of their
respective houses, for and against the amendment, and confer freely
thereon.
2d. Messages shall be sent by a clerk.
3d. When, a messenger shall be sent from the Senate to the House of
Representatives, he shall be announced at the door of the House by the
door-keeper, and he shall respectfully communicate his message to the
chair.
4th. The same ceremonies shall be observed when a messenger ir>
sent from the House of Representatives to the Senate.
5th. All bills on passage between the two houses, shall be under the
signature of the clerk.
6th. Bills shall be enrolled by the clerk of the House, or the clerk
of the Setiale, as the same may have originated, in the one or (he other
house.
7th. The committee of Enrollments, on Finance, on Banks, and on
the Penitentiary of both houses, shall be joint committees.
8th. After examination and report, bills shall be signed first by the
Speaker of the House of Representatives and .then by the Speaker of
the Senate.
9th. When a bill or resolution passed in one house i<5 rejected in the;
other, notice thereof shall be given to-^he house in which it passed.
10th. Each hotlse shall transmit to the other all papers upon which
any bills or resolutions are founded.
11th. All bills which may have passed a third time, shall be en
grossed in a fair hand and certified by the clerk of the house in which
they may have originated, before being sent to the other ; all of which
is respectfully submitted.
ROBERT C. FOSTER,
Chairman of the Committee of the Senate.
JOHN H.-DEW,
Chairman of the Committee of the House of Representatives.
And the sense of the Senate being had thereon, said reported rules
were concurred with.
Mr. Martin submitted the following:
Resolved by the Senate, 'That the clerk sjiall preserve for each member
of the Senate, an extra copy of all the documents printed bv order of the
Senate at its present session.
Message of the Governor of Tennessee to the twenty-fourth General
Assembly of the State.
Fellow-Citizens of the Senate,
and of the House of Representatives :
,In discharging the duty devolved upon me by the Constitution, by
"giving* 1o the General Assembly information of the State of the Govern-
nient, and recommending rto their consideration such measures" as are
deemed to'be "expedient," it is a source of satisfaction to believe that,
ivitliin the last two years, nothing has occurred in the State Adminislra-
the Senate.
23
Ironic dinihiishorinlpairlkfrprosperity ofour people, oiihegrowing impor-
tanceof the State as amembef of the Union. Order has prevailed, and the
laws, as far as I am informed, have been faithfully executed. All the
elements of our accustomed prosperity, afforded by a genial climate and
a fertile soil, the enjoyment of usual health, and-the inestimable blessing
of civil and religious liberty, continue to exist. * A people thus' favored
over millions of the human race in other parts of the world, should be
ever mindful of the high obligations they owe to the author of all good,
in whose hands are the destinies of nations'and of men, and upon whose
wise councils they are* dependant for the preservationn and continuance
of these blessings.
Whilst the products of the labor of1 the agriculturist have been reward-
ed with fair prices, habits of frugality and economy, within the last two
years, have been in a great degree substituted for that spirit of extrava-
gance and speculation which had for some years prevailed in every por-
tion of (he Union. Prudent men, with few exceptions, chiefly among
the mercantile and trading classes, who had extended their business and
speculations beyond their means, and become too deeply involved entire-
ly to recover, have been enabled to relieve themselves from much of the
pecuniary pressure and embarrassment under -wh(ich they labored.
Ours is essentially as agricultural State. Nineteen-twentieths of her
population are cultivators of the earth, and the protection of their in-
terests therefore^ at the same time that the just rights of others shall not
be impaired, should at all times be an object of paramount consideration.'
It has but loo frequently happened that the course of legislation and
the operations of Banks, in many of the Slates, have been made to take
a direction to favor the supposed or real interests of large dealers and
speculators, to the-manifest prejudice of the farming and planting class-
■es. What the farmer or planter should, most desire is a regular course of
policy, steadily pursued, by-which prices may remain settled and not be
subjected to great and sudden changes, often brought about by extended
Bank credits to. a small class who have overtraded or engaged in vision-
ary or disastrous speculation.
There is reason to believe that it was by a course of favoritism of this
kind, in extending enormous loans to a few large commission and trading-
houses, to theralmost total exclusion of -smaller -dealers and the body of
the community that much of the embarrassments which fell upon our
Banks a few years ago and through them upon the people, is mainly to be
attributed.
The suspended^ebts of our Banks, it is belie'ved, will be found tocpn-
sist chiefly, in demands against a very few of the larger borrowers, with
some of whom it is known they have been compelled-for -their own se-
curity to compound by the purchase of real estiiUand other property,
which has become for-a time dead in their ha niis.;and is alike unavailable
to themselves as Banking-institutions, and to the community as affording
to them the means of furnishing to the people a sound convertible pur-
rency. It is understood that our Banks are now rapidly converting these
and other unavailable, into-.available means, thus placing themselves in a
position of increased strength; and it is hoped they may5.for the future,
pro-fit by the experience ofVthq past.
24
JOURNAL OF
Other causes which contributed to the embarrassment of our Banks in
common with most of the Banks of other States, upon the occurrence of
the general commercial revulsion which took place in May, 1837, were so
full}' presented in my message to the last General Assembly, that it is
deemed unnecessary again to refer to them in this communication.
It was hoped aud believed when the Banks of the State suspended the
payment of specie a second time, near two years ago, that it would be
of temporary duration. In the reports made to the General Assembly at
its last session by the Boards of Directors of the Union and Planters'
Banks, assurances were given that they were fully solvent, that they
would be prepared to tneet all their liabilities at an early day, and that
they considered " their suspension as temporary." The General As-
sembly having adjourned without any legislative action on the subject, I
regret to say that all the Banks of the State, except the Branch of the
South Western Rail Road Bank at Knoxville, s-till continue in a suspend-
ed state. If the question of resumption be left to the voluntary action of
the Banks, this state of things may continue for an indefinite period of
time. And the question arises whether the duty does not devolve on
the General Assembly, as the immediate guardian of the interests of the
people, to adopt suitable measures, at their present session, requiring
thcBe institutions to return to cash payments. Whilst the suspension con-
tinues, the tax* upon the active industry and labor of the State, imposed
by the depreciation of their paper issues, must continue to be borne;
and whilst the people are suffering the loss to the amount of this depre-
elation, as they have done for the last two years,.it is understood that
two cf our principal stock Banks (the Union and Planters' Banks) have
since your last adjournment declared a dividend of profits among their
stockholders. This is so manifestly improper, that I am constrained by
a sense of duty to bring the fact to your notice. Principles of common
justice require that they should pay their debts to the community before
they divide profits among their owners.
During periods of suspension, Banks, owned by individual. stockhold-
ers^ tempted by a desire to enlarge their profits, often unduly extend their
business, and generally at the expense of the community in which they
exist. There is no sound principle of ethics or of public policy which
should exempt Banks from the moral and legal obligations which rest,
upon individuals to pay their debts. They are generally composed of
\Vealthy capitalists who have thrown their joint funds together, and under
a legislative charter ol incorporation, engaged in the business of banking
with a view to make profit. They are usually invested with exclusive
rights and privileges which are withheld from the balance cf the com-
muaity ; and in consideration cf these, they contract certain duties and
obligations to the public which they should be required strictly to per-
form. The most important of these, is to pay their liabilities in specie
on demand, and I recommend to the consideration of the General Assem-
Irly the necessit}^ of making suitable provision by law to enforce the
faithful observance of this, as well as ot all pther obligations which they
have contracted,. Let a future day beiixed upon which they shall here-
quired to resume, giving them reasonable and sufficient time to prepare to
do so, without oppressing their debtors. Jn fixing a future day for re-
THE SENATE.
sumption, the qccasion may be a fit one to impose such additional restric-
tions, liabilities and penalties, as experience may have shown to be ne-
cessary to guard the public against future suspensions. If the Banks have
violated their charters, the General Assembly possess the undoubted
power to impose such restrictions, liabilities and penalties, as conditions
upon "which they may be permitted to continue the exercise of their cor-
porate privileges. To ensure resumptioii on the day which may be fixed,
and a faithful observance of their obligations afterwards, it mfht be made
the interest, as well as the duty of the Banks, to conform to theLegisla^
tive requirements, by keeping their business in such condition as to avoid
future suspensions. As means likely to efFect objects so desirable, I sub-
mit to the consideration of the General Assembly that they should not
be permitted, during the period of their suspension, and for a limited
time after resumption, to declare any dividends of profits to their stock-
holders, and that a general provision should be made by law requiring
any of the Stock Banks which shall, after the day which may be fixed for
their resumption, again suspend for a greater period than a specified
number of days in any one year, to be placed in the hands of commis-
sioners for liquidation and final settlement of their affairs.
It is believed to be far better for the community that all the Stock Banks.,
which may so manage their business as to be unable to pay promptly the
demands upon them, should wind up their affairs, and let their places be
supplied, if the interests of the State shall be found to demand it, by an
enlargement of the capital of the Bank of Tennessee, owned exclusively
by the people of the State, and under the sole control of their immedi-
ate Representatives-.-, To sanction by the silence and acquiesence of the
public authorities repeated suspensions, and often for long periods of
time, is to tolerate a legalized fraud upon the note-holders ris impolitic as
it is unjust. The loss sustained by the people by the depreciation of
Bank paper since t,he last suspension of our Banks, has been far greater
lhan the whole amount of the annual tax which they are required to pay
for the support of the State Government, as will be manifest by adyerl-
ing to a few facts. The average amonnt of Bark notes of all the Banks*
in the State in circulation during the last two years, it is estimated will
not vary much from three millions of dollars. The average rate of de-
preciation of these notes during the same period below specie, has been
about 8| per cent., being sometimes at 0, and at others 11 per cenfi—
The heavy loss lias fallen upon the people ; every note-holder bearing
his proportion, whilst the Bank-owners, as we have seen, have been di-
viding profits among themselves.
As far as my information enables me to- judge, our Banks are believed
to be in a solvent condition, and bould, if reasonable time be given, be pre-
pared to resume payment permanently, without inconvenience to them-
selves or oppression to their debtors. The interests of the public in my
judgment demand it, whilst none of the rights of the Banks themselves-
will be infringed or impaired if they shall be required to do soi l/nless
efficient Legislative action be bad on this subject, the public can have no
guaranty at what period the principal Stock Banks may resume, for it is-
a fact worthy of observation, that much the larger portion qf their capi-
tal.stock, it is understood, is o.wned by citizens of,the eastern cities and
26
JOURNAL OF
' oT oilier States ; and however much the local stockholders may be dis-
posed, from a sense of propriety and duty, to return to cash payments,
they may, and probably will, be Controlled in jheir policy by their non-
resident co-partners, who have no interest in common with the communi-
ty in which these institutions exist, and who may he contented that tliey
shall remain in their present suspended condition so long as they can re-
ceive'their accustomed dividend.
This is hot the first time we have had a suspension by the Banks for a
protracted period in this State. In 1819* the Banks, not only of this
'State, but generally throughout the Union, suspended payment. In 1821,
and again in 1823, the General Assembly passed laws requiring them to
resume,, and in pursuance of these laws they did resume in 1824 and
and 1825. During this long suspension of five years or more, the de-
preciationof their paper was greater than it-is at present, being at some-
times as great as 25 and 30 percent. This heavy loss upon the commu-
-nitv would doubtless have continued longer than it did at that time, but
for effective Legislative interposition. At ihat time, as at the present, it
was urged, chiefly by the banks themselves, their debtors, and those
who hoped to obtain further loans, that it was against the public policy
to force or require resumption, because it was said, the specie in their
vaults would be taken from the. State, and their immediale'debtors, and
through them the community oppressed.
"The General-Assembly thought otherwise. They passed lawsrequir-
-ing 4hem to pay their debts, under pain of losing their charters. They
did resume and no such consequences as had been predicted followed ;
and the opinion is confidently entertained that no such consequences as
are now predicted would follow a resumption, especially if reasonable
time be given to the Banks to prepaie for the same ; hut on the Contrary,
that the public interest would be greatly promoted by it.
The evil consequences apprehended by many as likely to follow're-
sumption by the Banks of one State whilst the-Banks of other States re-
main suspended, it is believed are more imaginary than real. "The banks
of New York and of the States east of her, it is known, did not yield to
the suspension which took place in Pennsylvania and other States in her
neighborhood, in October, 1839; but have cbntinued to pay specie and
to maintain a sound convertible currency. The'Bank of'Missouri'did riot
s.ispend at that time because those of the States adjacent to her territory
did so, but continued to pay specie. In the specie .paying States the mo-
tiey market is easy, and there is no pressure on the people. The Banks
on returning to cash (payments should be in a position of strength, and
may for a time, and until general confidence is restored, deem it prudent
somewhat to restrict t^eir business ; but this cannot operate as any gen-
eral or permanent inconvenience to the public, and would be much more
•than counterbalanced by the souud state of currency which would be re-
stored. To wait for the action of other States, is to make our policy
.dependant upon theirs, whilst they in turn may make.theirs dependant on
ours, and thus the suspension be continued much beyond the period when
all solvent Banks could be in condition to pay. The General Assembly
of 1821 and 1823, did not wait for the uncertain action of other Slates-,
but required our Ranks to resume without reference to what their course
THE SENATE.
Tniglit be. If this State leads off and manifests a fixed purpose to re-
<quire her Banks to payi there can be but little doubt that the other States
in the south and south-west will soon follow her example.
The whole subject is submitted to your deliberate consideration, in the
full confidence that you may adopt such measures as will protect the in-
terests of our common constituents from the heavy losses which they
have borne .and still bear by the failure of the Banks to perform their
.chartered obligations,
In the Bank of Tennessee every citizen has a direct interest. - Owned
as it is exclusively by the State, it should receive- the constant and fbs-
tering care and attention of the General Assembly. That institution, I
am happy to state from information derived from its officers, is in a perfectly
solvent condition, and can be prepared to resume payment permanently at
the earliest future day which may be designated lor resumption by the
Stock Banks. Should that Bank bo required to resume withput the co-
operation of the Stock Banks rn its immediate neighborhood, it would
probably be compelled for a time somewhat to restrict its business to
avoid embarrassments from their operations. To avoid this, all the Banks
of the State should be required to resume at the same time.
Since your last adjournment, and in pursuance of the act of the 28th
of .January, 1840, entitled uan act to provide for the reduction of the
State debt,1' I have caused to becancelled and destroyed, fifteen hundred
State Bonds of one thousand dollars each, which had been issued by my
predecessor,, and placed in the Bank of Tennessee for the purpose of
being negotiated to raise one million five, hundred thousand dollars as-a
part of the capital of that Bank. The actual capital of the Bank on the
1st day of-October, 1841, was three millions one hundred and twenty-
two thousand seven hundred and forty-six dollars and eighty-six cents,
and cons-ict of
Proceeds of sale of six per cent. State Bonds, $1,000,000 00
School Fund collected & proceed? of sales of Ocoee lands, 709,537 31
United Stales Surplus revenue on deposite-with the State. 1,353,209 55
$3,122,746 86
The Bank is required to pay annually-out of its nett profits $118,000,
for the support of Common-Schools and County- Academies ; the annually
accruing interest on the Bonds <5f the State negotiated to raise $1,000,000
of its own capital, and the interest-on the Internal Improvement Bonds,
which have Been.or may be issued. The total amount of the State Bonds
which have -been issued up to this date, for purposes of Internal Improve-
ment under the acts of 4836, 1838 and 1840, the interest bpon which the
Bank is required to pay, is, $1,816,916 66 2-3. Of this amount $300,-
000 bearing an annual interest of 5 per pent., were issued on the 2d of
July, 1838, for the improvement of* rivers, but not having negotiated re-
main on deposite in the Bank, and no interest has been paid thereon.—
Exclusive of the River Bonds the total amount issued is $1,516,916
66 2-3c.ts. Of this latter amount, $263,166 66 2-3 bear an annual in-
terest of 5Tper cent., and $1,253,750 bear an annual interest of 5 per
cent. Of the Bonds issued under the act of 1836, bearing an in'erest of
5?per cent., $66,666 66 2-3 were issued to pay the State subscription
23
JOURNAL OF
in the Nashville, Murfreesborough and Shelbyville Turnpike Road Com-
pany, and by 1 lie stipulations of the company, the interest on this amount
has heretofore been punctually paid by them as it fell due, leaving the in-
terest to be paid by the Bank on $190,500 of the 5? per cent, bonds.—
The annual liabilities of the Bank, therefore, are as follows :
Appropriated for Schools and Academies, $118,000 00
Interest on Improvement Bonds $190,500, at 53: per cent. 10,310 25
Interest on Improvement Bonds $1,253,750, at 5 per cent. G2,087 50
Interest on Bonds, Bank Capital $1 .,000,000, at 0 per cent. 00,000 00
$251,00J 75
The nett profits of the Bank and branches during the year ending on
the 1st of July, 1841, are estimated by the President of the Bank at
$200,000. -
The annual liabilities of the Bank Will be increased, by the interest to
be paid on any additional amount of Internal Improvement Bonds which
may be hereafter issued in pursuance of law, and will be diminished by
theamotintof the State dividends, which may hereafter be declared by
the several Internal Improvement Companies in which the State is a stock-
holder. Most of thewoiksof Internal Improvement in which the State
is a stockholder tp-e as yet in an incomplete state?,and no tolls have been
collected, or dividends declared thereon.. Upon some of them which
have been completed in part, or in whole, toll-gates have been authorised
to be erected, and the Companies are now receiving tolls, but of so recent
a date, that no dividends have been paid to the State, except by a single
Company, amounting to $1,020.
It is believed that some of the principal roads Will, when completed,
yield a profit fully equal fo the interest to be paid on the Bonds issued
for their construction, whilst others will fall short of that amount, leaving
the deficiency tc< be paid by the Bapk.
The Bank has heretofore met those liabilities with promptness and fi-
dclitv, and no doubt is entertained, that under proper management it will
continue to do so. The interest on the State Bonds has been paid on de-
mand in specie as it fell due, and the good faith and honor of the State
preserved. In view of its annual liabilities, it is of great importance
that the Institution shall be prudently managed, and kept in a sound con-
edition. If from mismanagement or other casualty the Bank should fail by
its profits to meet the demands -upon it, the deficiency must be supplied
by a tax on the people It is deemed to be essential to the safe and jsuc-
eessful operations of the Bank, that a greater power of control over the
branches than now exists, should be invested in the principal Board pf
Directors. There must be an adequate power of cbntrol in the head,
otherwise, uniformity ot action in the branches cannot be expected. In
t lie absence of such a power, a single branch may embarrass the whole
Institution. Whilst one branch may he expanding, another may be con-
tracting its business, thus acting, each without concert with the other,
or a common object in view, and rendering the operations of the Insfitu-
tion as a whole atoll times uncertain, if not unsafe. By the provisions of the
existing laws the branches, though in many respects, connected with the
principal Bank, are practically and in effect independent of it. The princh
THE SENATE.
29
pal Board may recommend the policy and course of business to be pursued
But the branches may disregard the recommendatioyi as th^y have re-
peatedly done since the establishment of the institution. An instance of
this, among others which might be stated, is to be found in the expendi-
ture by the branches since the Bank went into operation, and without
the authority of the principal Board, of $71,285 82, in the purchase of
lots- and the erection of Banking houses; and the President of the prin-
cipal Bank estimates that $>10,000 more'will be expended by the branch-
es for the same purpose to meet existing contracts which they have
made. That this departure by the branches from the course recommended
by the principal Bank may be more clearly seen, it is only necessary to
advert to the report made by the President of the Bank to the last Gen-
eral Assembly. In that report it is stated that "the principal Bank short-
"ly after it commenced business, finding a disposition in some of the
"branches to erect banking houses, adopted a resolution" That in the'
opinion of this Board, it is inexpedient to invest at this "time any portion
"of the capital or profits of the Bank in the purchase of ground, or the
"erection of a Banking housn, either for the principal Bank or any of its
"branches, a copy of which was forwarded to the several Branches,
"with a request that they would adopt a similar course."
No Banking house was erectedby the principal Bank. The branches
disregarded the request, and have gone on to purchase ground, and erect
houses at the expense already stated.
It is further respectfully submitted to your consideration whether the
safety of the public funds, as well as the permanent .success and useful-
ness of the Bank, would not be promoted by lessening the number of the
branches. If such reduction of their number shali be deemed proper,
and shall be made with due discrimination, regard being had to the com-
mercial wants and interests of the several divisions of the State, it is be-
lieved that no local or public injury would be suffered, whilst the annual
Expenses would be reduced, and the institution itself be placed on a fir-
mer and safer bads, than is likely to exist, with the present -number of
branches.
I have received from the President of the Southwestern Rail Road
Bank of Charleston, South Carolina, a statement of the affairs of that
Bank, and of the branch thereof located at Knoxville, in this State, with
a consolidated statement of both as they stood on the 1st day of Octo-
ber, 1840, which 1 herewith lay before the General Assembly in con-
formity to the provisions of the 9th section of the act passed at "Nash-
ville, December 5th, 1887, entitled " an act to confer Banking privileges
on the Stockholders of the Louisville,"Cincinnati' and Charleston Rail
Road Company, on certain terms and conditions.^ The Capital stock
furnished by the principal Bank to the branch at .Knoxville was o-ne
hundred thousand dollars. That Bank, much to the credit of its-man-
agers, has paid specie on demand for all its liabilities from the date of
its establishment.
The laws prohibiting the issuance, or circulation of change tickets or
small paper bills by individuals and Corporations other than Banks, have
been evaded, and will require revision. Some of the Internal Improve-
ment Companies in which the Stale is 'a copartner, it is understood, have
JOURNAL OF
issued small paper bills itf the form of scrip or checks, and put them in*
to circulation as money, without any specie basis epon which to rest, and
withont authority of law;
The Bank of Tennessee by a wise provision in the act creating it, is
restricted from issuing any note of less denomination than ten dollars,
whilst the Stock Banks are in like manner prohibited .from issuing any
note of less denomination than five dollars.
The object of the General Assembly in imposing these restrictions was,
doubtless, that the.channels of circulation under these denominations
should be supplied by the piecious metals. That-object is thwarted
whilst individuals, commercial houses, or incorporated improvement Com-
panics are permitted, by an evasion of the law and the well knovrn in-
tention of the General Assembly, to put into circulation a base and in
many instances, worthless currency, which usually falls ultimately upon
the holder, who has given his labor or his property for it, either wholly
useless or at a ruinous depreciation ; thus operating as a tax and a fraud
upon the public. Whilst a spurious currency of this description is per-
sniffed to circulate,"the precious metals of the same denomination will be
banish'ed from circulation and general use, and'will only bp obtained
through the hands of brokers and others as an article of merchandise.—
Oi> the other hand, if the smaller-denominations of paper bills are pro-
hibited from circulation by adequate penalties, the laws of tr'ade, and the
public wants will force the metals to take their places, whethfer the local
Banks pay specie or not, as naturally and as certainly as that 'water will
seek its level. I recommend therefore, that after a future day to be de-
signaled, the issuance or circulation by individuals or Corporations of all
paper bills under five dollars, be absolutely prohibited under adequate le-
gal penalties, and if it shall be deemed necessary, in order to guard agaimt
any public inconvenience for the want of specie change, the Banks may
l?e required to pay the -smaller denominations of their notes at an earlier
day than that fixed for the general resumption.
The system of Internal Improvement established by the act of 182GS
and- extended by'the act of 1833, has been executed in strict conformity
to the provisions of the act passed on the 25th of January, 1840, enti-
tied " an act to repeal all laws authorizing the Governor of this State to
subscribe for stock in any-Internal Improvement Companies on behalf of
the State, and for other purposes.1' All Internal Improvement Com pa-
nies falling withiMbe -provisions of the" letter-act have been required to
conform their action to if. A few of the companies-at first objected to
the constitutional validity of the act, but finally yielded to its require-
ments ; and I cannot doubt that its operation- has been such as to protect
the. State from impositions which might- otherwise have been practised
under the ungualded provisions of the acts-of* I836~ and I838. At the
same time that the State has probably been saved from an increased in-
debtedness to a large amount, no injustice has been done to the Companies.
In all,cases of application for State Bonds, in payment of the State sub-
scription since the passing of the act, the affairs of the Company making
such application have been subjected to the scrutiny of three disinterest-
ed commissioners appointed for that purpose, who have been required to
examine and inspect the work actually nr^r'nr4—vrhttl pens
THE "SENATE,
31
tion of the same had been paid for in labor, or the actual expenditure of
money, paid in by the individual stockholders, and what portion by. the
payment of Slate Bonds, issued for the benefit of such Company—lo in-
spect the books and investigate the affairs and accounts of-the Company,
and if upon their report on oath, it appeared that the Company making
the application had,conformed in all respects to the provisions of its char-
ler, and that, no fraud had been practised on the State, the amount of
State Bonds to which such Company was shown to be entitled, were or-
dered to be issued by the Internal Improvement Board created by the ac-t,
consisting of the Governor, Comptroller and Attorney Genera], and were
issued accordingly. In all cases where the reports of the commissioners
^appointed to make the investigation have not been fully satisfactory* the
'Bonds of the State have been withheld.
i The Attorney General has filed hills, which are now' pending, against
two of the Companies iu which (he State has become a stock-holder,
for alledged violations of their Charters. .
None of the Companies in which stock had " been subscribed on be-
half of the State" have availed themselves of the provisions of the 2d
and 3d sections of the act of 1840 by making a "surrender of the Char-
ter of such Company" to the State, Several of them, however, in
which a subscription of stock on behalf of the Stale had been made in
the year 1838 and the early part of 1839, and for whose use no State
Bonds have-heen issued, it is understood have not commenced their res-
pective works and will probably abandon them. Of this class are the
following Companies, viz:—the JLivingstou Turnpike ,Company, thP
Murfreesborpugh, Manchester and Winchester Turnpike Company ; and
the Harpeth and Farmington Turnpike Company.
In addition to these a subscription was made on behalf of the State in
the Faye'tteville and Shelbyville Turnpike* Company on the 7th day of
Sept. 183S, and on the 5th clay of November; 1838, Bonds of the State,
for $1G,000 for the use of the Company were issued by the Governor
and deposited in the Bank of Tennessee, where /they still remain, not
having been called for, and no interest having been paid thereon. I am
informed that no work has been done on the road, and that it will proba-
bly be abandoned. The aggregate amount of stock subscribed for on
behalf of the State in these several Companies was $245,CQO, and by the
failure of the Companies to prosecute their respective works according
to their Charters, will not probably be required to be paid by. the issu-
ance of State Bonds. Of this amount the $10,000 of State Bonds which
were issued for the use of the Fayetteville 'and Shelby ville Turnpike
Company may in the event of the abandonment of that work, be cancel-
led and destroyed. . Upon the application of the Nashville and Kentucky
Turnpike Company, the capital stock as prescribed by the charter has,
in pursuance of the Slh section of the act of 2ilh January, 1840, been
reduced from $125,000 to $100,000; thus reducing the State subscrip-
tion from $62,500 to $50,000.
Pursuant to the provisions of the act of 1838, the Governor subscribe
ed on behalf of the Slate, for $650,000 of the stock of the Louisville,
Cincinnati and Charleston Rail Road Company, and on the 21.st of Janu-
aty, 1839, State Bonds amounting to $32,000, in part payment offthe Stale *
32
JOURNAL OF
subscription, were issued, and are now in the possession of that Compa-
ny, but no interest has been paid thereon by the State. During the past
year, it became my duty in pursuance of law to appoint a proxy to at-
tend and represent the State of Tennessee at a meeting of the Stock-
holders of the Company holden at Charleston, in the State of South Car-
olina, in the month of November, 1840.
J. G. M. Ramsey, of Knox county, was appointed the proxy to rep-
resent the State at that meeting, from whom I have received three official
communications, bearing date on the 10th of Dec. 1840, and on the 24th
and 27lh of Sept. 1841, which I herewith lay before you. I have receiv-
ed also a communication from the President of the Company bearing date
on the 11th of March, 1841, and which is herewith laid before you.
From both of which it will be seen, that the Company propose to abam
don the work within the State of Thennessee, to release the State from
her subscription, and to return' to be cancelled the $32,000 of State Bonds
issued by her, upon the payment on per part of the rateable proportion of
the expenses which have been incurred by the Company in making sur-
veys and in preparing to enter upon the execution of the work. To car-
ry into effect the proposition of the Company, will require the assent of
the State by Legislative act; and it is recommended that such assent be
given at your present session. Should such assent be given, and the sev-
eral Internal Improvement Companies already mentioned as likely to aban-
don their respective works, do so, the liabilities of the State under sub-
scriptions heretofore made, will be reduced by the sum of $907,500, as
follows, viz:
State subscription in the L. C. and C. Rail Road
Company, $650,000 00
State subscription in the Livingston Turnpike
Company, 25,000 00
State subscription in the Murfreesborougb, Man-
Chester and Winchester Turnpike Compa-
ny, 100,000 00
State subscription in the Harpeth and Farming-
ton Turnpike Company,' 30,000 00
.State subscription in the Fayetteville and Shel-
byville Turnpike Company, 90,000 00
'Reduction of the Capital Stock in the Nashville
and Kentucky Turnpike Company, 12,500 00
$907,500 00
Exclusive of these, the whole amount of the States liabilities upon
her subscriptions to Internal Improvement Companies—upoq the suppo-
sition, that the Whole capital stock of each Company will be exhausted,
in constructing the several works, which is not prob'able—is $2,246,666-
G6 2-3, of which State Bonds have been issued, amounting to $1,516,-
916 66 2-3, and leaving a balance to be issued to complete the payment
of the whole of the State subscriptions of $729,750.
As connected with our system of Internal Improvement doubts have
arisen under the existing laws, to whom the dividends, belonging to the
State, which may be declared by the several Internal Improvement Com-
THE SENATE.
33
pames in which<-ehe is a*stockholder, shall be paid, and it will be proper
fo make more specific provision upon the subject. It is suggested that
they be required to be paid semi-annually or annually, as they may be
declared to the Bank of Tennessee &nd its branches. It is further sug-
gested that the several Companies in which the State is a stockholder
and which are completed in whole or in part, and. are collecting tolls,
be required to report to the Comptroller of the Treasury, at least onc'e
in each year, their financial condition—with the amount of State divid-
ends which they have paid over to the Bank and its Branches. The
whole public debt of the State, consists at this time of the following—
viz:
State Bonds issued and proceeds invested in stock
of the Union Bank of Tennessee, bearing
an interest of 5 per cent.,' which is paid semi-
annually by the Bank, -$500,000 00
State Bonds issued and proceeds invested in cap-
ital of the Bank of Tennessee, bearing an in-
terest of 6 per cent, , $1',000,000 00
State Internal Improvement Bonds bearing an in-
terest of 5i per cent. r $263,166 66J2-&
.State Internal Improvement Bonds bearing an in-
terest of 5 per cent. s$l,253,'750 00
$35016,916 66 2-3
The$30Q:00Q of State Bonds bearing an interest of 5 per cent., is-
-sued for the'improvement of Rivers, but no't^yet sold, are'not included in
the amount of the State debt. Thp debt has many years to run before
it falls due, and to meet it the State owns
Stock in the Unron Bank of Tennessee $646,600,00
Capital in the Bank of Tennessee, being proceeds
•of Bonds sold, and exclusive of-School fund $1,000,000 00
Stock.paid into Internal Improvement Companies,
by State Eonds issued. $1,5|6,916 662-3
$3,163,516 66 2-3
If the surplus revenue of the United Stales, now
on depositeNvith the State, should not be
recalled by the United States, that sum may
be added. $1,353,209 55
$4,516,276 21 £-3
With these means added 10 the annually accumulating profits of the Bank
of Tennessee, under prudent and proper management, there can be but.
little danger, that a resort to taxation can be necessary to enable the
State to meet it, at its maturity.
I consider it wise however, and so recommend, that provision be made
by law, that any surplus profits which may at any time be made by tb,*
Bank of Tennessee, after paying its annual liabilities, shall constitute a
sinking fund, to be applied to the purchasing in of the Bonds of the State,
which have been issued at their selling rate in the market By adopt-
24
JOURNAL OP.
ing this course, adhering to strict economy in the J^lale administration,
and husbanding all our resources, it is believed that the payment of the
debt which now exists, and that which the State is bound in honor anfl
good faith by existing engagements to contract, may be gradually anti-
cipated long before it shall fall due. I have never been the advocate
of a large Stale debt; a,nd my opinion is that all our surplus meaps, not
absolutely needed for other purpose!?, cannot be better applied than in
the extinguishment of the existing debt.
The balance in the Treasuiy of the State on the 1st Monday of Oe-
tober, 1841, was £189,590 47. The receipts into the Treasury from
the 1st Monday of October, 1839, to the 1st Monday of October, 1841,
'including the amount annually appropriated under the existing laws for
the support of Common Schools and Academies, were £543,739 79.
The expenditures during the same period including the payment made
for the support of common Se-hools and Academies were £470,748 75.
Exclusive of the amount received and expended far the use of Common
Schools and Academies, the receipts into the Treasury during the same
period were £275,839 79, and the expenditures £254,931 93.
Full and detailed statements will be found in the report-of tb§ Comp-
troller of the Treasury which will be laid before you as required by
law..
The report of the Superintendent of public Instruction, which will
be laid before you during the first week of your session, will inforrp
you of the progress of the system of education,committed to his'super-
intendenceand managementT-^-pf the collections of Common School funds
which have been made since your last session, and of the present amount
and condition of the debt due to the School fund by county agents and
others. The School fund collected and invested according .to law on the
1st day of October, 1841, consists of
Stock in the Planters Bank $244,500 00
■Stock in the Union Bank £38,894 00
Stock in the Farmer's & Mechanic's Bank at Memphis £700 00
'Stock in the Bank of Tennessee £769,537 3i
£1,053,63 J 31'
A suit in 'Chancery hUs been instituted, and is now pending against
the late Superintendent of Public Instruction and his securities, for t-he
recovery of the large balance remaining in his hands and unaccounted for
at the close of his term of -service-. But little doubt is entertained that
a recovery wijl be had, land it is believed a greater part, if not the whole
amount abstracted from the School fund will be collected.
In" pursuance of fan act entitled "an act to carry into operation the Lu-
natic Hospital," passed January !6fb, 1840, seven trustees wereappoint-
*'d on the 13th o'f February, 1S40, under whose direction, the Hospital
was shortly afterwards put into operation. In consequence, however,
of the limited appropriation made by that act, it has been found impos-
sible to receive several "insane paupers," for whose admission into the
Institution, application was made. It is submitted to your consideration
whether suitable provision should not be made for the reception and
accommodation of ?all unfortunate persons in the State for whose benefit
THE SENATE.
35
the institution was established, and for whose admission application may
he made.
A report will be made jo you during the session, by the attending Phy-
sician of the Hospital, who is by law constituted Chairman of the Board
of Trustees, containing such information and making such suggestions in
regard to the condition and further management of the institution as may
be deemed useful in your deliberations upon the subject. I am informed,
that arrearages, amounting to the sum of $2,942 3-1 tor workatid labor
done by Mechanics on the buildings occupied as a Hospital previous to
the meeting of the last General Assembly, and upon contracts made
with the Coamrissioners under whose superintendence and direction thp
Hospital was at that time placed, are still outstanding and unpaid—no
appropriation applicable to that object having been made. When the
Trustees, appointed under the act of January Gth* 1840, entered upon
the discharge of their duties, the persons to whom these arrearages were
due, claimed a lein upon the buildings until they were satisfied, but far
the public convenience yielded up the possession of them in the just
confidence that the present General Assembly would make provision lor
their,payment;—-and it is recommended that provision Be made for the
payment of all such claims as maybe found equitable and just.
A detailed statement of the condition and government of the Peniten-
tiary will be laid before you at an early day of your session in the re-
ports which will he made by the Agent and Keeper and Inspectors ot
that Institution. The number of Convicts in the prison on the 30th of
September, 1841, was 178. The number discharged by the expiration
of their sentence during the two years, commencing on the 30th of Sep-
tember, 1839, and ending on the 30th September, 1841, was 59. The
number received during the same period was 116.
The number of deaths 1; the number of escapes 1; the number par*
doned 10.
The number discharged before the expiration of their sentence, in
pursuance of the provisions of the act of 1836, ch. 63, passed "for the
encouragement of the prisoners to conduct themselves with industry
and propriety," was 22. '
By the act referred to, it is provided that "if shall be the duty of the
Governor, whenever it-appears from the weekly reports of the Agent
and Keeper, that the-conduct of a prisoner has been exemplary and un-
exceptionable for a whole, month together, to commute such prisoner's
term of imprisonment for any period of time not exceeding two days for
each and every month he may have so conducted himself." The opera-
lion of this. act has been found by experience to have a beneficial
effect.
Each convict is informed of ils provisions upon his entrance into the
.Penitentiary; and presenting to him, as it does, a strong mative'to con-
duct himself-with industry and propriety, the effect has generally been
to preserve order, regular habits of industry, and a ready obedience to
the orders-of the officers of the institution. To make it effective, I have
■uniformly, since I have been in the Executive Office, upon receiving the
•favorable report of the Agent and Keeper, commuted a part of the pe-
36
JOURNAL OF
riod of confinement, not exceeding in any case two days in each month,
and directed the prisoner to be discharged.
As far as I have any knowledge, the convicts at the same time that
they have been required strictly to observe the "rules and regulations
for the government of the Penitentiary," as provided by law, have been
humanely treated. Whe.n sick they have been regularly visited by the
attending Physician, and all(of them who can read, have been furnished,
in their .cells <witfi.a copy of the Holy Scriptures. Divine Service has
also been occasionally performed on the Sabbath by Clergymen of dif-
ferent denominations residing in the vicinity of the prison.
Up to the period of the adjournment of the last General Assembly,
no female convict had been committed to the prison since the date of its
establishment. Since that time, three females .have been convicted and
sentenced to be imprisoned qi the Penitentiary; two of whom have
-been pardoned, one of them before she reached the prison, and one is
still in confinement.
There are no suitable apartments in jthe prison buildings for the recep-
lion and safe keeping of female convicts, and it is recommended that
such be provided, and that the Agent.and Kefeper be authorized to em-
ploy a Matron or Matrons, under whose immediate superintendence
and care, all female convicts hereafter received into the institution shall
be placed. The place provided dor their confinement, should be sepa-
rate and apart Irom that provided for the other convicts, and there is a
manifest propriety in placing them under the immediate government and
control of aged persons of their own sex. Such a .regulation has been
found to be necessary, if not indispensable, in the best regulated prisons
and houses of correction in our rister States. The efficacy of the laws
for the punishment and prevention of crimes, consists^ in a great degree,
in the certainty \vith which they shall be enforced and executed. With-
in the last two years numerous applications for pardons have been refus-
ed. Comparatively lew have been granted, and those only in cases
where the circumstances were such as to induce the belief that they
were proper in themselves, and in which, the discharge of the prisoner
would not impair, but be likely to promote the onds of public justice.
In the criminal codes of some of the States in which the system of
Penitentiary punishment has been adopted, a discretionary power has
been vested in the Executive to commute the sentence of death pro-
nounced upon the commission of the higher offences, for imprisonment
for life. No such discretion is vested by our laws in the Executive.—
The criminal convicted of a capital crime in this State, must either be
executed or receive a full pardon and be discharged. Cases of convic-
tion of capital offences, are often followed by strong and powerful ap-
peals tg the Executive clemency. Tlge circumstances adduced maybe
such as to raise doubts of the propriety of the execution of the sentence,
and yet not such as fully and satisfactorily to show that it would be
proper to turn the convict loose, without inflicting sufficient or ade-*
<juate punishment. In all such cases, if the Executive were invested
with power to commute the sentence for imprisonment for life, society
would be rid of the offender, and if at any time afterwards, it should
made clearly to appear by after discovered testimony or otherwise,
THE SENATE.
that the convict was a fit subject of Executive clemency, he could be
discharged as in other cases; and I recommend that such an qmend-
aient of our criminal laws be made.
There has beep paid into Treasury by the Penitentiary during the two -
years from September .30th, 1839, to September 30th, 1841, the sum of
$5,333 32, and paid out of the Treasury to defray the expenses of con-
veying convicts to the prison after conviction, $6,470" 40. By the law
as it now exists, the articles manufactured at the Penitentiary, are au-
thorized to be sold on credit, and as was to have been expected, some of
the debts contracted have been lost by insolvency, or the removal of
the debtors bej'ond the limits of the State, and sometimes to parts un-
known. If the credit system be continued, it is recommended that the
laws be so modified, as to limit jt to a specified period of time, and to
require, that all debts- not paiq a^maturity, be put in a course of coflec-
tion, by sui^ without distinction as to the persons who maybe the
debtors. (
In the-month of November last, 1820 muskets and accoutrements were
received from the United States, being the quota of public arms which
this Slate was entitled for the years 1839 and 1840, under the provisions
of the act of Congress of 1808^ for arming and equipping the Militia ot
the United States.
» The proportion ot public arms of the Slate, equal to the proportion*
which the first division of militia bears to the whole military strength of
the State, have by my order* been transported to Krtoxville and placed
on deposite at that point, in pursuance of the provisions o( the 143rd
section of the act passed at Nashville, on the 28th of January, 1840,
entitled " an act to condense, and bring into one view the Militia law ok
the $tate of Tennessee." The pioponidn belonging in like manner to
thehourth division of militia, have been ordered to be transported to
Jackson and placed on deposite at that point in pursuance of the 145th
section of the same act.
The whole number of public Srrms as nearly as I have been enabled to as-
certain belonging to the State, now on deposite in the arsenal at the Peniten1-
tiary, at Knoxville, and at Jackson, consists of 8591 muskets, 349 Hall's
patent rilles, 500 yaUgers, 20 carbines!, 882 pistoTs, 245 horseman's
swords or sabres, and one field piece, (a six pounder,) with accoutre-
ments for each description of arms. ,
The whole number ot public arms belonging to the State, which have
at different times been distributed to volunteer companies, and are now
in their use and possession, consists of 1069 muskets, 524 pistols and
262 horsemen's swords or sabres, making the whole number of public
arms now on deposite at the Penitentiary, at Knoxyille-, .and Jackson,
and distributed to the militia, one field piece,1 9,660-muskets,- 349 Hall's
patent rifles, 500 yaugers,-20 carbines, 1406 pistqls-, and 507 sword# of
sabres. Finding that the proportion of arms belonging to the State fern
the use of cavalry was small as compared with the number for the use of
infantry, and that more applications were made by uniform companies .af
cavalry for the use of them, than could be supplied-—one half of the quota
of arms due. to this State, from the United States for the year 1841, have
been ordered to be forwarded irf arms of this description, and the other#
m niiiskst.3;,
38
JOURNAL OP
la pursuance of an act, entitled " an act.to provide for the taking ot
the enumeration of the free while male inhabitants of the State of Ten<>
nessee," passed January 29th, 1840, the Secretary ot State will lay be*
fore you, all the returns which have been received by hum containing tbd
number ot free white male inhabitants of the respective counties, who
are Uventy-one years of age and upwards, and[ who were resident citi-
zens of their counties on the 1st day of Januaay, 1841. Your attention
is called to the 4th section of the 2nd article of the Constitution, by
which it is provided, that, " an apportionment of the Representatives in
the Geneial Assembly shall be made in the year,one thousand eight hun-
deed andjoiiy-onc, and within every subsequent term of ten years."—
The duty of making the apportionment hi conformity with this provis-
ioil of the Constitution will devolve upon you at your present session.
Cyan act passed by the Congress -of the United States on the 18th
day of February, 1841, the State of Tennessee is investec^ with " full
power and authority to sell and dispose of the 'vacant, unappropriated
and refused lands, within the limits of said State, lying South and West
of the line, commonly called the Congressional Reservation line," upon
cerium u mndilions and limitations" therein prescribed. One of the
uci n lit'ji ? and limitations" is that in entering, purchasin »g and dispos-
inir cf n 1 lands, or obtaining grants of the same, all and every pcison
r per1' rig the legal rt Mresentative of such person or persons, and , the
l'whtful a 'gneo uf-suih person or, per:ens,^as are entitled to the right
of oceig an :y and pre-emption according to the laws of the State of
Temiessre, shall have the preference in the entry or purchase of ihcir
occupant and pre-emption lights at the price of twelve-and-a-half cents
per arrr, i ot exceeding two hundred a^res each."
Tim duty will devolve on the General Assembly, at their present ses-
sion, to make suitable provision by law, for carrying the act of Con-
rress rr f me 1 to into effect. In doing this, it is recommended that full
mil nnpl i piovisiou lie made, to seeing all those entitled to the right of
urctq a i '3 and pre-emption, the preference in the eijtry or purchase of
the same. Under the existing laws of the Stat? much the larger number
of those claiming the right of occupancy and pre-emption, have caused
their claims to be surveye 1 and laid down on the general plan or map, in
the entry-taker's ollice of the county in which the same is situated.----
Ufh'rrs who have made- improvements on vacant and unappionriated
lands, and who are equitably entitled to the right of occupancy and pre-
emption, have failed to cause the same to be thus surveyed and designat-
ed on the general plan or nlap in the office of the entry-taker. In any
provision which may be made, this falter class of occupant claimants
should be equally protected and secured in their rights, with the former.
It is recommended that entry-taker's offices be opened in the several
counties in which the lands described lie, and that the several entry-la-
kers he authorised to receive entries with such moderate lees of office,
as will enable the occupants and others making the same, to secure their
titles at the least possible expense.
It is suggested that the offices be opened at an early day for the ac-
commodation of those who may not wish delay, but that the longest pc^
riod of time permitted by the provisions of lhr" p].
THE SfiNATE.
39
lowed to Such of the occupant claimants, their legal representatives or
rightful assignees, as may desire to avaiL themselves of the same, to make
their entries and perfect their titles.
It is submitted to the General Assembly, whether the entry-taker's of-
fices already established bylaw, bo employed, or new offices established.
In either event, provision should be made, by requirihg bonds with am-
pie security, and by prescribing such penalties and liabilities as may be '
deemed.adequate to insure the faithful performance of their duties by the
several entry-takeis, and .the punctual payment of the moneys which
they may be authorised to yeceive.
It is made the duty of the several Attorneys General of the State to
prosecute all demands, in which the State shall have an interest against
sheriffi, rlei IcS and others, who may fail to account for, and pay over
public moneys Collected by them according to law. The Attorneys Gen-
erul often receive the amounts recovered in suits brought by them, but
are not required to enter • into bond with security for the punctual and
faithful payment of the same when received. The preservation of their
professional reputation has generally been a sufficient guaranty for a faith-
ful discharge of duty in this respect on their part. Since your last ad-
jouri}ment, a case of lass to the State of a considerable sum collected by
one*of the Attorneys General Who failed to account, for and pay over
the same, has occurred. And as similar cases may occur hereafter, it is
submitted to your consideration whether the laws .should not be so
amended, as to place the several Attorneys General On the same footing
with all other officers who repeive or disburse the public money, by re-
(•juiriu; them to give hohd With adequate security for the punctual and
faithful.]; ayment to the authorities authorised to receive the same, of all
public moneys collected by them in the discharge of their official duties.
Complaints are frequently made of frauds and illegal voting at elec-
ticms, and it is believed that the laws upon this subject require revision,,
the more effectually to protect and preserve the purity of the elective
franchise. The only penalty now imposed for fraudulent or illegal vot-
ing, is a fine of ten dollars, onbhalf for tjie use of the county, and the
other half for the. use of thO person who will sue for the same. It is
not made tiie duty of the civil officers to enforce thi$ penalty, and but
few persons are found willing, voluntarily, to do so, and if they do, the
fine is of so email an amount as to constitute no adequate, restraint, cspe-
cially in seasons of high political excitement. Since the counties have
been laid off into civil districts, and the places of voting multiplied under
thorev'sed Constitution, the facilities for double voting have been increas-
ed, and there" is reason to believe, that many persons have voted at more,
places than one in the same election and escaped with impunity. If the
laws remain as they are, such practices m^y" continue and will probably
increase, thereby greatly impairing the valdc of the right of suffrage.
I submit to your consideration* whether illegal or double vpting at elec-
lions should not be made an indictable offenee, punishable as-other mis-
demeanors, making it the duty of all inspectors of election;?, Civil officers
and the courts of justice, to prosecute and bring to punishment all per-
sous who may violate the laws in this respect. As an additional safe-
guard to the purity of the ballot box, I, subm.it to your consideration whe-
40
JOURNAL OF
ther all persons who offer to votein any civil disuict omer uian tuat in
which they reside, should not be required to take an oath before the in-
spectors or officers holding such election, that they have not voted, and
will not, in the pending election, offer to vote at any other civil district,
or place of voting; and that for the violation of such oath, they shall be
subjected to all the pains and penalties of perjury as in other cases.
Iffiese or other suitable provisions which inay suggest themselves, to-
aether with an amendment of the laws the move effectually to suppress
tlie evil practice of betting on elections, would go far to secure to each
citizen his equal voice in choosing his public agents. A want of unifor-
mity of construction of the Constitution and laws, continues to prev&if
in different parts of the State id regard to the right of the citizen to vote
at our general elections in counties in which he does not reside, and has
not resided for six months immediately preceding the day of election.—
In some counties any citizen of the State is permitted to vote for Gov-
ernor or frff Congressmen, i,f the voter resides within the Congressional
district, op for the Senatp or House of Represntalives if lie reside with-
in the Senatorial or Representative district, whilst in other counties the
right of voting is restricted to the citizens of the county. At different
places of voting m the feame county, different rules of construction prevail
according to the different opinions which may be entertained by th« in-
spectors of the election. To secure the same rights to every citizen, it
is again submitted to your consideration whether a declaratory act should
not be passed establishing a uniform rule of construction in this respect
to be observed in everypart pf the State.
I transmit to you herewith copies of Legislative Resolutions and Ex-
ecutive communications which I have-received from the States of Maine*,
Ilhode Island, Massachusetts, Vermo'nt, Connecticut, Mew York, Pcnnsyt-
vanio, Mew Jersey, Delciware,Maryland, Virginia, South Carolina, Gcor-
gin, Kentucky, Alabamax Indiana, and'Mississippi. They have been
pommunicated to me to be laid before the General Assembly, probably
wiih a view to obtain an expression of the views of this State upon the
various public questions to which they1 pe'late. They will be found to
embrace the subject of the public lands of the United States, and the
proper disposition thereof; a tariff of protection and the revisal of the
revenue laws; the recovery of fugitive slaves who escape 4nto other
States, and the delivery upon demand made- by the Executive of one
State upon the Executive of another, of felons who have kidnapped
them or seduced them to leave their owners and have fled to other States,
or taken reluge therein for the purpose of trial and punishment in the
State where the offence was committed; proposed amendments of the
constitution of the United States, limiting the eligibility of the Presi-
dent to a single term; and that the President and Vice President be-
chosen on the same day throughout the United States; the creation of a
National Rank ; the North Eastern Boundary. Question now pending be-
tween the Government of Great Britain and the United States, and other
public questions to which your attention is invited. I have received also
from bodies of citizens of the District of Columbia communications up-
on, public subjects, and in compliance with their requests lay them before
you. During the past year I .received,.through the, mail two commanica-
the senate:
tions addressed'iD me in my official character,-purporting to come " from
a convention of the friends of the negro, assembled from varipus parts-
of the World, convened for the purpose of promoting the immediate,*
entire and universal abolition of slavery and the slave trade, by those
means which are of a moral, religious and pacific character, held in
London on the 12th, and by adjournment to the 23d of June, 1840."—
Viewing these communications as an impertinent and mischievous at-
tempt on the part of foreigners to interfere with one of the domestic in-
stitutions'of this* State, and as having received the countenance and sane-
tion of a member of the Congress of the United States, under whose
official frank 'one of the packages containing them came to me, I declin-
ed entering into a correspondency with the foreign convention, hut ad-
dressed to the member of Congress alluded to, the letter, a copy of
which is herewith transmitted to you, accdmpamed by the communica-
fions themselves.
Since the adjournment of the last session of the General Assembly,
the following temporary appointments have been made, viz: Alfred 0.
P. Nicholson, of Maury county, to he a Senator in the Congress of the
United States, to fill the vacancy occasioned by the death of Fdix flrvn-
dy i—William C• Bunlap, of Hardenian county, to be Judge of the
Circuit Court for the eleventh Judicial Circuit, to fill the vacancy occa-
sioned by the resignation of Valentine B. Barry, and Joseph H. Talbot,
of Madison county, to be Attorney General for the tenth Solicitorial
Distinct, to fill the vacancy occasioned-by tfie removal of William B.
Miller, the former incumbent, without the-limits of the district,-as cferti-
fied to me by thy presiding Judge of that circuit. The duty will devolve
upon the General Assembly to make permanent appointments, to fill
these several offices,--during your present session.
Information was received in the month-of August last, of the death of
Samuel Powell,^Judge of the Circuit Court, for the.first Judicial Cir-
cuit. Upon examination it w&s ascertained that but a* single term of the
Court for the county of Hawkins, would'Intervene in that circuit before
the meeting of the General Assembly, and no temporary appointment
has been made toffill the vacancy. To avoid any, inconvenience which
might result from a failure to hold tire court in Hawkins,I addressed let-
ters successively to the Judges of the 12th and -3d .circuits, requesting them-
to hold the court; from both of whom I received answers drclining to
do so; but from the latter at. so-laty a period, as to make it impracticable
to appoint a temporary Judge in time to enable him to reach and hold
that court. As the term$ of the remaining eourtshi the first circuit will
come on during the present and the succeeding month, the necessity of
electing a Judge to fill the vacancy at as early a period of your session
as practicable will be apparent.
Many subjects which may claim your attention may have been omitted
in this communication. It is however a pleasing reflection,,that all the-
varied interests of the Stale are committed to the wi&dom and calm delib-
eration of the immediate Representalives u fresh from thy people," who
can supply the omission; and it is equally gratifying to know that they
possess the power to correct any unintentional errors of opinion into
which J.may have fallen,
42
JOURNAL OF
In discharging the functions of the Executive Office. I have constant-
1y felt the weight of responsibility which devolved upon me, and in per-
forming this act of duty my aim has been to lay before you such informa-
tion, and to"suggest such modifications of the laws, as in my judgment
-may be useful to you in your deliberations, and tend to promote the wef-
fare of our common constituents. That honest differences of opinion
upon many subject? may exjst is to be expected, but that " the greatest
good to the greatest number " is the object which all desire to attain* I
cannot doubt. '
That the result of the deliberations of your present session* may be
eminently useful, and such as to deserve and receive *he approbation of
the people, is mv sincere desire.
JAMES K. POLK,
Executive ^Department, 7
Nashville, October 7, 1841.
On ffioiioh of Mr. Rpss,
The Senate adjourned until to-morrow ihorning, 9 o'clock.
#
JfRlDAY, October §lha 1841.
• ^ Jn
Mr. Ledbetter submitted the following^
Rexolvvd by Ihe Jlsvetiiblij, That a jpint select committee be-
appointed to apportion the Representation in the Senate and House
of Representatives, fop the ^ensuing years, according to article
and —.—^ section of tJR Ccmslitutian ; whifcli wa$ read and laid on the
tabid
On m-tion of Mr. Redbettpr,
The Senate took .up the resolution Submit t'<T by him on yesterday,
to appoint a joint geiept committee Otrpart bf the Senate and" House ot
Representatives, fto contract for the pijiuting of the Laws and Journals
of the Generd Assembly, fand foy job pointing ; whiffy being read,
MA Jlarlin submitted the following i ' ^
llzstilvcl, Tjiat a committee of three Mhe^bers be appointed to ex-
amine and report On the proposals submitted and reported by the Sec-
retuly of Stale,* for doing the public prinfihg and job-work of the Gen-
era! Assembly ; which being read, was, by1 Mr. Martin* withdrawn.
Tim .questionwas .then talrfen upon the adoption of the resolution
fkbmitted by Mr. Ledbetter, and determined in the affirmative, Ayes
13. Noes 12.
The affirmative votes \Vere,
Messrs. Ashe, Bradbury, Foster, Frey, Jennings, Ledbetter, Motley,
Nelsm, PeytbipHeneau, Sevier, Wijliams, nDd Speaker Turney, 13.
* Those who voted'in the negative were, »
' Messrs. Gardner, Hardwicke, Laughlin, Mqclin, Martin, Matthews*
Miller, Powell, Ross, Waterfiouse, and Warner, 12.
And so said resolution was adopted. *
Ordetcd, That the -Clerk acquaint the H0n,sb of Representatives,
therewith, and ask their concurrence therein.
THE SENATE.
43
A message from the House of Representatives, by Mr. Mitchell, their
clerk:
Mr. Speaker : The House of Representatives concur in the resolu-
tion of the Senate, proposing to meet the House of Representatives in
theit hall, on Monday the 11th instant, for the purpose of electing an At-
torney General for the 9th Judicial District of this State.
And then retired.
A message fromThe House of Representatives, by Mr. Mitchell, their
Clerk:
Mr. Speaker: The House of Representatives concur in the re-
port of the joint select committee appointed to draft and report, joint
rules to regulate the intercourse of the ipvo houses of this General As-
sembly.
And then retired.
Mr. Jennings submitted the following:
Resolved, That the committee on printing be instructed to enquire
into the expediency of malting the contract for printing paper for the-
use of the Senate, a separate contract from that made fop the printing
itself; which was read, and ordered to lie on the table.
Mr. Turney introduced a bill to establish a Chancery Court at Spar-
ta, in the c unty of White ; which was read a first time and passed.
On motion of Mr. Martin,
The Senate took up the resolution by hifii submitted on yesterday,
directing the clerk to preserve one copy of all the documents printed .by
order of the Senate during the present session for each member of the
Senate; which was adopted.
Mr. Foster introduced a bill to amend on act1, entitled fcnn act to
imend the penal laws of the State of Tennessee, pasfced "9til day of Do-
eembor, lSbt) which Was read a first time and passed.
And on motion of Mr.-Ross, said bill was referred to the Judiciary
committee. . f
Ordered, By the Speaker, that Messrs. Ledbetter, Martin, and John-
s- in, be appointed a committee to act with such committee as shall be
appointed by the House of Representatives to examine the proposals
made to execute the printing of the laws and journals and job printing
i f the General Assembly, and report thereon.
On motion of Mr. Jennings,
The Senate adjourned Until 2 o'clock, P. M.
evening session,
The Senate met pursuant to adjournment.
Mr. Williams introduced
A bill to alter the county line between the counties of Hnoxand Grain-
ger; which was read a first time and passed.
And on his motion said bill and petition therewith was referred to the
committee on new counties and county lines.
Mr. Matthews introduced
A V»;il tn amend an act entitled " an act to amend an act passed
44
JOURNAL OF
the 9th day of February 1836, chapter 15;" which was read a first time
and passed.
On motion of Mr. Ledbetier,
Said bill was referred to the committee" on Ways and Means.
Mr. Gardner introduced
A bill to compel the Chancellors for the Middle and Western Divis-
ions of Tennessee, to interchange ridings in certain cases i which was
read a first time and passed.
And, on motion of Mr. Matthews, was referred to the judiciary com-
mittee.
Mr. Powell introduced
A bill to amend an act entitled ^an act to regulate the County Courts
in this State," passed December3d, 1&35, chapter 6 ; which was read a
fi/st time and passed.
On motion of Mr. Powell, said bill was referred to the committee on
the judiciary.
A message from the House of Representatives, by Mr. Mitchell, their
clerk :
Ma. Speaker; The House of Representatives has taken up the Sen-
atc^s resolution proposing a joint select committee to report upon the
proposals made for the printing of the laws and jOurhals of this Gen-
eral Assembly, and for such job printing as may be ordered by the two
houses, and they concur in said resolution With an amendment thereto,
which is herewith transmitted, in which they ask the concurrence of the
Senate ; and then retired, ,
Said amendment to the resolution was made by inserting the word
"joint," before the woids "job printing;" and the pense of the Senate
being taken on said amendment, concurred in.
A bill from the House of Representatives, to change the time of
holding the term of the Circuit Court of Madison county, from the 4th
Monday in October, to the 4th Monday in December, and for other
purposes, read a first time and passed.
On motion of Mr. Martin, * *
'Mr. Maclin.was added tp the committee on Military Affairs.
A message from the House of Representatives, by Air. Mitchell, their
clerk: '
AIr. Speaker; The House of Representatives have adopted a reso-
lutioij that the Senate meet the House of Representatives in their Hall
on Monday the lllh inst., for the purpose of electing an Attorney
General for the third Judicial Circuit, and a Registet tor tfe Middle
Grand Division of the Stale of Tennessee, in which they ask the Sen-
ate to concur; and then retired.
The Senate took-up the resolution from the House of Representa-
lives, proposing that the Senate meet the House of -Representatives in
their Hall on the 1 Tth instant, for the purpose of electing an Attorney
General for the third Judicial Circuit, and a Register for Middle Ten-
nessee; which was read, and the sense of the Senate being taken on
said resolution, concur in so much as relates to the election of Register
of Aliddle Tennessee.
And on motion.of. Mr. .Miller,
THE SENATE.
45
That said resolution as at relates to the election-of Attorney General,
lie on the table.
Mr. Foster submitted the following :
Resolved, That a standing committee on the Lunatic Asylum, be es-
tablished, to be denominated a committee on the'Lunatic Asylum, and
that said committee be a joint committee, to act with such committee
as the House of Representatives shall appoint.
And the rule being suspended, said resolution was rejectedi
Mr. Foster submitted the following:
Resolved, That a standing committee be raised, denominated the
committee on the .Lunatic Asylum.
And the rule being suspended, said resolution was adopted.
The Speaker appointed Messrs. Foster, Peyton, Jennings, Johnson,
.and Bradbury, to be said committee.
On motion of Mr. Hardwicke,
The Senate adjourned until to-morrow morning, 9 o'clock.
SATURDAY, October 9, 1841.
The Senate met pursuant to adjournment.
Mr. Waterhouse submitted the following :
■Resolved, That the Senate meet the House of Representatives in
their Hall, for the purpose of electing an Entry faker and Register, for
the Ocoee District, on Saturday the 23d day of October, 1841 ; which
being read,
On motion of Mr. Waterhouse, the*rule being suspended, said reso-
lution was adopted.
Ordered, That the clerk acquaint the House of Representatives
therewith, and ask their concurrence therein.
Mr. Reneau submitted< the following:
Resolved, That the committee on the Lunatic Asylum he directed to
enquire and report what amount of money has been appropriated and
expendeddn the building and iepairing of said Asylum, and also what
amount has been appropriated and expended in walling in the grounds
connected with said Asylum; showing the different periods of all ap-
propriations, and the aggregate amount of the whole.
And on motion of Mr. Reneau, the rule being suspended, said reso-
lution was adopted.
Ordered, That the clerk acquaint the House of Representatives
therewith, and ask their concurrence therein.
Mr. Gardner submitted the following: r
Resolved by the Senate of the General Assembly of the State of Ten-
vessee, That the election of an Attorney General for the 9th Judicial
Circuit be postponed from Monday the 11th instant, to Wednesday the
20th inst., and that the House of Representatives be requested to con-
cur in this resolution ; which was read,
And on motion of Mr. Gardner, the rule being suspended, said reso-
lution was adopted.
40
JOURNAL OF
Ordered, That the clerk acquaint the House of Representatives there-
•with, and ask their concurrence therein.
Mr. Foster moved,
That the respective returns of the votes polled at the election for Go-
vernor of the State of. Tennessee, in the year 1841, be referred to the
committee on elections.
Which motion was adopted.
Mr. Jennings, from the committee on elections and privileges, re-
ported
That said committee had examined the returns of the votes polled
for Governor of the State of Tennessee, in the year 1841, and that the
returns of all the counties in said State are properly made, except the
county of Campbell, from which county no returns seem to have been
made.
On motion of Mr. Foster,
Mr. Speaker Turney, and gentlemen of the Senate proceeded to the
Hall of the House of Representatives, the Speaker of the Sehate and
the Speaker of the House in the chair, and the joint resolutions of
both houses of the General Assembly being read, fhe Speaker of the
Senate then put the question,
Shall the two houses of the General Assembly proceed to compare
the votes polled at the election for Governor of the State of Tennessee,
in the year 1841 ; and was decided in the affirmative.
The following was the result:
Counties.
For James C.-Jones.
For James K. Polk.
Marion,
431
320
Stewart,
378
614
Hardin,
510
596
Knox,
1842
385
Fentress,.
144
359
Meigs,
84
574
Benton,
258
331
Gibson,
1017
432
Rhea,
164
379
Weakly,
509
726
Lincoln,
728
2504
Madison,
1046
554
Bledsoe,
590
227
Henry,
721
1108
Carter,
729
138
Monroe,
847
985
White,
1168
511
Tipton,
-Jefferson,
519
584
1605
176
'Carroll,
Sevier,
1195
425
869
88 .
Anderson,
540
265
Dyer,
326
212:
Sullivan,
313
1336 '
Roane,
883
t)4§
•Obion,
274
*387
THE SENATE,
.47
Perry, 707 388
Overton, 262 959
Henderson, 1100 328
Ilaywood, 655 544
Bradley, 480 840
•Sumner, 702 1621
Williamson, 1805 809
Butherford, 1711 1634
Greene, 894 1574
Wilson, 2246 971
Jackson, 1109 628
Hickman, 247 939
Shelby, 829 736
McNairy, 741 509
Blount, -1065 G69
Morgan, 158 *125
Wayne, 666 319
Wan-en, .476 2037
Franklin, 603 ' 1361-
JRobinson, 960 680
Maury, 1367 21871
Dixon, 319 659
Giles, 1100 1276
Bedford, 1853 2344
Montgomery, 925 781
Lawrence, 522 505
Humphreys, 433 693
Smith, " 2369 690
Fayette, 1003 864
McMinn, 955 884
Hardeman, 624 853
Claiborne, 462 • 756
Polk, 194 345
Washington, 789 1123
Hawkins, 1053 1343
Grainger, 1003 524
Cocke, 821 100
Davidson', , 1768 1236
Hamilton, 548 560
Johnson, 37? 70
53,586 50,343
Majority for Jones*, . 3243
Whereupon the'Speaker of the Senate declareddhat James C. Joiips-,
a citizen of the county of Wilson, in the State'-of Tennessee, was duly
and constitutionally elected Governor of tlie $ta1e of Tennessee, for
and during the two years next ensuing, he having received a majority,
of all the votes polled for Governor, at the election df 1841. .
Then Mr. Speaker Turnev and gentlemen of the Senate returned to
*1heir chamber, arid the Senate resumed its session.
On motion of Mr. Nelson,
The Senate adjourned until 2 o'clock.
84
JOURNAL OF
• EVENING SESSION.
TkeJ Senate met pursuant to adjournment.
Mr. Speaker Turney presented to the Senate a printed .pamphlet,
purporting to be a report of the committee on the North Eastern boun-
-dary line, before the Senate of the State of Maine ; which,
On motion of Mr. Foster, was laid on the table.
Mr. -Foster submitted the following:
Resolved, That the Senate meet the House of Representatives in their
Hall on Thursday the "14th instant, to install and induct to office the
Honorable James C. Jones, Governor elect of the State of Tennessee;
which was read,
And the rule on motion of Mr. Foster being, suspended, said reso-
lution was adopted.
Ordered, That the clerk acquaint the House of Representative? there-
with, and ask their concurrence therein.
Mr. Ashe submitted the following :
Resolved, That a committee of three be appointed on the part of the Se-
-nate, and such number as the House ©f Representatives may think proper
to appoint, to wait upon the Governor elect, and inform him ot his elec-
•tion, and for other purposes.
And on motion of Mr. Ashe, the rule being suspended, said resolution
was adopted.
Mr. Speaker Turney appointed Messrs. Ashe, Nelson, and Williams,
vof said committee.
Ordered, That the clerk inform the House of Representatives there-
■of, and ask their concurrence therein.
Mr. Reneau submitted the following :
Resolved, That the committee on Internal Improvements be instruct-
•ed to enquire and report what amount of money has been appropriat-
ed and actually expended in that part of the -State commonly called
East Tenne'ssee, what amount has been appropriated and actually ex-
pended in what is commonly called Middle Tennessee, and also, what
amount has been appropriated and actually expended in what is com-
monly called West Tennessee, or the Western District; and that the
committee also show by said report, the amount ot appropriations made
for Internal Improvements in each of said divisions of "the State, which
has not, and which is understood will not be expended, and also, wha4-
amount hks been appropriated in each of said divisions,-and net ex-
pended, but is believed will be expended.
And said resolution was read and adopted.
And on motion of Mr. Reneau,
The said resolution was referred to the committee on Internal In>
provements.
Mr. Laughlin submitted the following preamble and resolutions :
Whereas many delays and obstructions, manifestly unjust t6 a meri-
torious portion of the citizens of this State, have arisen in one or more
of the accounting bureaus at the City of Washington, in auditing, pa*-
sing, and paying the claims of the Volunteers of Tennessee, who
have served at various times, during the pending Indian war i*
THE SENATE.
49
Elorida, for horses, accoutrements, and the property lost in the said
service, after acts of Congress have beer) passed authorising the set*
tlemeut and payment of said claims, which delays have hitherto amount
ed almost to a denial of justice: Therefore,
1st. I hy ihe'Qcnaral ih.^-mbly of the State of Temi'sxcr,
That our Sei ,iters in Congress be instructed, and our Representatives
requested, to use their intluence in every proper and lawful manner to
have th 1 el ii ns mentioned in the foregoing preamble adjudicated, ad-
justed an i p i 1* and that they also use iheir best emNavars to procure
thepi«M ge of an a Idi ianuL act or acts of Congress, which may be ne-
cessary to expedite an 1 ensure the payment of said claims.
Res >1 \h Th it the Id uieral Assembly will respectfully memorialize the
Con uvm of the United States, asking lhat all such proper acts may he
jpmped an I measu es adopted* as will procuie the adjustment, and
sp 'edy piynnuit of said claims.
Said re old ion wan read,
And en motion * f Mr. Lnughlin, was laidon the table
On m >1i in of Mr. Ilardwicke,
TheCe utc adjourned until Monday morning, 10 oMIock.
MONDAY, Octoeer 11, 1841.
The Senate Met agreeable to adj inrnmenl.
A tn 's^age from the House of Representatives, by Mr. Mitchell,
their clerk:
Mr. See i ker : I am directed fa inf irm t,he Senate that the U"u?c r
Rejuvs ■ iei ives b ive ai pointed Mis. rs. Ewing, Buchanan of Lawrence,
Long, Juu'on, llu bid, and Alexander, a cormnillm en pait of the
Hou o, to r -port jointly with the cummfitee appointed by the Senate, rUi
the pr p rals nn'efiflhe printing < f tlie laws and journals of the
General A-'-etubly, anil for such job piinting as may be ordered by the
fwoh m r and that the report of tl)o Secretary of Slate, with the nc-
cam]) ny g pi'opn,ils, made in pursuance of an act passed 1Dill fkb-
runrv, lb 3 i, be referred to said committee, and ask {lie concurrence af
the Sea ite.
And ll ..n withrlj >w,
TVherenpon said message was read and concurred with.
A mess ige from the House of Representatives, by Mr. Mitchdl, theh
clerk.
Mr. Speaker: I am directed to acquaint (be Senate that the House
of Rep av ml dives have had under con udrration the icsolution of the
Senile p ■ "i "i using to postpone the eleolion of Attorney General fir the
9lh .Tud oi il Circuit, from Monday Ibe 11th instant, to Monday the
20'h illt, and th »t tie House e.nuenr iherevvilh; and then retired.
A m "* age fro i the Hoire of Representatives, by Mr. Mitchell, their
clerk :
Mr. Speaker: I am directed to acquaint the Senate that the
House of r »presi stltives adopted a resolution that the Senate meet
the.House ia its- IT.ill on the 10th instant, fop the purpose of electing
an AtLun y General for the 5th Solicitorial District, and ask-tl s
JOURNAL OP
concurrence of the Senate therein.
And then withdrew.
Mr. Johnson presented a petition from sundij citizens of Virginia,
who own lands in the mountains of Tennessee, praying to be permitted
to graze their stock on said lands which was read,
And onmotion-of Mr. Johnson, referred to the committee on Public
Lands.
Mr. Johnson presented to the Senate the petition of sundry citizens
of Greene county, praying that Peter Lent, a soldier of the Revolution,
be permitted to retail such articles as he may be enabled to do, to tra-
vellers on the road upon which he resides, including spirituous liquors,
without paying a license thetefor.
Which was read.
Mr. Nelson moved to lay said resolution on the "table :
And the sense of th'e Senate being had thereon, said motion was
rejected.
On motion of Mr. Johnson,
Said resolution was referred to the committee on privileges andelec-
tions.
Mr. Hardwick© presented to the Senate the petition of sundry citi-
zens of the county of Benton, praying -that an act of Assembly be
passed, to restore Alonzo M; D. Bostick, to the rights of a citizen;
which being,read,
On motion of Mr. Hard\ticke,
Was referred to the Judiciary committee.
Mr. Martin presented the petition of sundry citizens of Maury coun-
iy, to permit John B. McKee, to erect.Mills on Duck river; which being
read,Avas,
On motion of Mr. Martin, transmitted to the House of Represen-
tatives.
Mr. Laughlin moved the re-consideration of the vote,. referring the
petition of sundry citizens of Greene county, praying that Peter Kent
be permitted to retail certain articles;
Which motion prevailing,
On motion of Mr. Johnson,
Said petition was referred- to the Judiciary committee.
Mr. Laughlin submitted the following:
Resolved, That the Comptroller of the Treasury be requested to
prepare and report to ihe Senate, such plans, in the form of a bill or
otherwise, as he shall deem most convenient and safe, for the auditing^
receipt, and disbursement of the moneys arising from dividends on
stock-owned by the Stale, in Internal Improvement companies; which1
was read,
Aftd the,rule being suspended,
On motion of Mr. Laughlin,
Said resolution was adopted.
Ordered■, That the clerk communicate to the Comptroller the adop-
Jion of ,said reso uts'te.
A message Ire© tifl ITfue o Representatives, by M:. Mitchell,
tfeeir .ckrkt
TIIE SENATE.
51
Mr. Speaker: I am directed by the House of Representatives to
inform the Senate, that the House has adopted a resolution that the
Senate meet the House in their Hall-, on Wednesday the 11th day of
November next, for the purpose uf electing an Entry Taker in the Ocoee
District, and ask the concurrence of the Senate therein.
And then withdrew.
Which message is ordered to the table.
A message from the House of Representatives, by Mr. Mitchelly
their clerk:
Mr. Speaker: I am directed to inform the Senate that the House
of Representative have taken up a resolution of the Senate, proposing
to meet the House at its Hall, on Saturday the 23d instant, for the ptir-
pose of electing an Entry Taker and Register, for the Ocoee District,
and have amended the same, by striking out the words "Entry Taker
and" strike out "Saturday the 23d" and insert in lieu thereof, the
words "Wednesday the 13th," and ask the concurrence of the Senate
to said amendment. •
And then retired. -
And on motion,
Said message was laid on the table.
Mr. Foster presented
A bill to amend an act entitled "an'' act to provide for the probate
and registration of deeds and other instruments," passed December, 1831,
chapter 90; which was read the first time and passed.
Mr. Speaker Turney presented the following Jleport from the Secre-
trtry of State:
Secretary of State's Office, >
October 11, 1S41. ]
To the Honorable Speaker of the Senate, Sir: I have the honor to-
transmit to the General Assembly, through your honorable body, such
census returns as have been received at my office, in conformity with,
the provisions of an act passed on the 29th day of January, 1840.
From the accompanying list it will be seen -that no returns have been
received from the counties of Perry, Lawrence, Dyer, Fayette, Shelby,
Cocke, and Jefferson.
Very respectfully,
JOHN S, YOUNG.
Secretary of State.
A'tabular statement showing'the number of white male inhabitants over
21 years of age, in the several'counties of the State, so far as returns
have been received by the Secretary of State.
Counties.' Population. Counties, Population.
Anderson, 960 Lawrence,
Bledsoe, 859 Lincoln, 2942>'
Blount, 2007 Lauderdale, , 538
Bradley, 1427 Marion, 980
"RprlfnrH 29.18 Morgan, 437"'
62
JOURNAL OP
Benton,
Carter,
Claiborne,
Cocke,
Campbell,
Camion,
Carrol],
°oIfe \,
D unison,
Dickson,
Dekalb,
Dyer,
Feutrers,
Franklin,
FayeUe,
(3 re en e,
Grainger,
G\h s,~
Gib 'on,
Hamilton,
Hickman,
ITei ry,
Haw kins,
H- ulin,
Htndei^on,
H r lemon,
Ilur \ h a ys,
Hay wood,
J.cksnn,
Ji li n >n,
Jclft' on
Km x,
075
870
1436
909
HO*
1932
12G1
4003
1074
1101
583
1043
2831
IGO'J
2150
107 3
1S24
1204
1054
2410
1340
2C58
1(117
777
1591
1000
451
QTQ
Marshall,
Meigs,
Monroe,
Maitry,
MeMinn,
McNairy,
Mo itjtunary,
Madison,
Over on,
Obion,
P dk,
Perry,
Rohcitson,
Rhea,
R M ne,
R ttherf nd,
Smith,
Sumner,
Shelby,
Sullivan,
Sevier,
Stewart,
Tir ton,
Van Bnren,
mile,
Wanen,
Willi mi rcn,
H il on,
"ITT
V i nyi p,
Vn.shiin'inn,
TVeakloy,
712
1040
3143
1080
1403
2033
1807
1500
GC0
C35
2072
0N2
lb 35
303(1
8016
2in0
J?h3
10( 6
1100
85 6
411
k;:4
1S31
3072
5703
1119
1892
1358
J.XI11 -V, "
Which b inq1 lpod, was laid on the table.
Mr. Hurdwitke presented the following repoit ol 1he Inq cclois of
the Penitential y :
REPORT OF THE INSPECTORS AND AGENT DF THE TEN-
NESSEE PENITENTIAI Y.
2b ific (l"ucrr,l ihsn)nlly of tjt°, S6 t° of Te wr, "p ;
The undersigned, Inspectors <>1 the Peniier timy, a^k leave respect-
fully to make the following teport:
The number ot convicts in tl e prison on the 80 h d; y rf Septem-
her, 1811, was one hitndred and seventy eisjht, env] hyi d rr f dlnws :
Painters, two; Carpenters, ten ; Ilarnc'ss-m ihcrs, Il ; Nrtrass-na-
ker, one; Coopers, eleven ; Shop fentleis, ei;ht; Pirl u g wool, r" c;
Making Cotton Wheels, one; Cabling, two; T lilorsy thul an; Saw
ing stone, eight; Getting out staves, fhn e ; Wrgon r rkers, line;
Blacksmiths, twenty-two ; Hattcs, twenty-five ; Stone cutters, tlfr-
'em; Stone ruhheis, six; Turniner lathe. three: Shoemakers. iT
THE SENATE.
5S
teen; Sluie-nmking, one; Making convict's clothes,one; One female
sewing; Cools, two ; Sick, ten ; Hospital nurse, one ; Washing and
mending, two ; Locked up for itnproper conduct, one.
Dilring the last two years the convicts have generally conducted
them, i Ircn tall—have lul ore;! to advantage and enp/ed their usual
leaUh. Bui one convict has died during that period, and although
there is always a number in the Hospital^ it is owing to the fact, that
many enter the prison with impaired constitutions, occasioned by a life
of dissipation find iirogulirity, which time and medic; 1 aid alone Can
invigorate. J n ex- urination of the reports of the ditferent Penitciitla-
ries ill the V rife J Stain furnish the most unequivocal proof, thaf no
one is in or a exempt from disease and death tliap the Tei ne^ree Prison.
This if n1( in g to the humane character of our laws, which require that
thfeconvicl iInill lie comfortably clotlpd and lodged, the kind atten-
tion and skill of the Physician, tjbe cleanliness wliicli 1; rigidly attend-
ed*to hy thp Ki -eper ami other Othccrs, and the good wl (lesome diet
which U Till r' lied three Brims a day in sufficient quantities to meet all
the wants i f tin prhmntps.
As every eiri;en of Tennessee is interested in the s \.cess of the in-
stitutlon, the undersigned deem it proper to male-a Inul' statement in
relation to the cost of its erection, and its operations f?nm the periqd
at which the first eonvictwas received. The law authorising its ereo
tion was pn.redat the session of l$29--30. A site of ten acres was
procured in the vicinity of Nashville, which cost twenty-five hundred
dollars, and whs paid lor by voluntary subscriptions made 1 y the citi-
zens of Davfdsou county. Tin? work commenced oh the fimt day oi
April, 1 j3, and progressed with so much rapidity that the twenty-five
thousand dollars impropriated by the General Assembly was scon ex-
liausted. The commissioners conceiving it to be ihipoilant that the
buildings should be so far completed as to admit -comicts, on their
own, responsibility, borrowed fiir that purpose twenty-five thousand dol-
JarSof the State Bank, and in the short period of nine months the in-
stitutron was in a condition to authorise the Governor to issue a proc-
lattialron, declaring it to be in a State of readiness to receive cpnvicts.
The Gener-d Assembly, aware that the labor of the convicts, ip conse-r
quence o£ their small number for some yeajrs, wolildnot meet the com
tingent expenses of the prison, especially fis they \V6uld be principal
ly employed in "finishing the buildings, authorised the Inspectors to
draw from the Treasury for the first year, any sum not exceeding ten.
thousand dollars, and subsequently not more than five thousand dol
lars a year. Dor this purpose the amount drawn from the Treasury
was twenty thousand one hundred and nine dollars and ninety-seven
cents, making the whole* amount expended for the erection and sup-
port of theprison seventy thousand one hundred and nine dollars and
mnetynseveil cents; and the, undersigned believe, that there is not a
Penitentiary in the United States, in all respects equal to the Tennes-
see prison, whitli fins not cost at least one hundred thousand dollars.
The question, now fairly presents itself, have the convicts been profita-
biy^employ^d?. "We believe they have. The amount of labor , done
54
JOURNAL OP
by the convicts in the prison would have been little, if anything, short
Of thirty thousand dollars, if it,had been performed by a contract with
individuals, but estimated at the prices charged for work done by the
convicts, it may be set down at twenty-Jive thousand dollars.
The stpck on hand manufactured and otherwise, with the bedding,
table furniture, &c, cost, and is worth twenty-live thousand three hun-
dred and ninety-nine dollars and fifteen cents. The amount of notes
and book debts due the prison is thirty-five thousand eight hundred
and fifty-two dollars and twelve cents, and the sum paid into the treasu-
ry is five thousand three hundred and thirty-three dollars and thirty-
three cents. Thus it appears, that the work done for the prison^ stock
on hand, notes and book debts, and the sum paid into the treasury,
. amounts to ninety-one thousand five hundred and eighty-four dollars
and sixty cents, from which deduct seven thousand two hundred and
fifty-two dollars and seventy-six cents, amount of debts due by the
prison, and we have a balance of eighty-four thousand three hundred
and thirtV-one dollar^ and eighty-four cents, which cpnstistut pthe pro
fits of the convicts' labor from the time the prison commenced its ope-
Tations It is trOp that but a small amount has been paid into the
treasury, but tbe stock on hand manufactured and otherwise, being paid
for, is equal to money. The same may be said of the notes and book
debts, making a small allowance for a probable IosS, and certainly the
work done in the prison by the cbnvicls .saved that ambunt to the State
had the labor been otherwise performed.
Reference to the report of the Agent of the "Penitentiary pud show,
that the profits fu' the last two pears arc thirteen thousand six hundred
and fi V-five dollars and two cents.
It has been the anxious desire of tbe^undetsignpd for the last two
)ears to placatbe intitutiui in a condition I d only to pry rll its own
expenses but to nUt those of conveying pri. oners fr< m the (Jifierpnt
counties to the prison; and they 1 nve now the fullest Ltlief, that if no
unforeseen disaster should lnppi n, ihis additional expense can be paid
from the prnlils of the eomicts' labor. If a law to this effect should
be passed, it is believed that the expense now incurred could be redu-
ced without injury to those who perform the exercise; and the Inspec-
tors would cheerlully give any aid or information which might be requir-
ed on this subject.
The undersigned would respectfully suggest, that the work done in
the Penitentiary must be of that kind Which the experience and obser-
vation of the Agent and Inspectors find to be thean tprofitable to the
State, taking care to injure the mechanical interest < 1 Nashville as lit-
die as possible. With a view to the attainment of tl is end,the Inspec-
tors are fully convinced that they should commence as soon as practica-
ble the manufacture of bagging and rope. A large number of con-
victs could be profitably employed in this way, especially those who
are sentenced to one year's imprisonment, abd who now are an bis-
pense to the institution, being incapable of learning ahy mechanical
business in so short a time. The manufacture Of bagging and rop6
in sufficient quantities to meet the demand in this market, would be
beneficial to the.faramr, as. affording a constant arid, sure market for J2.
THE SENATE.
55
great deal of hemp, for the culture of which many of our counties are
so well suited. Those articles too, are generally wanted in large
quantities, and by persons who are able to pay promptly for them.—
This would make it a safe business, and'would give but little trouble
in keeping accounts. 'To carry on this.business, however, to the great-
est advantage, it will be necessary to authorise a considerable extension
of the yard walls of the prison, which can be done entirely, by the
convicts, at a small expense compared with the certain benefits thafc. would
result from the improvements. The prison yard being enlarged as con-
templated, would give ample room for all kinds of labor for the next
twenty-five years, and the free circulation of air in so large a space
would add greatly to the health of the convicts, By the improvement
proposed, water can be conveniently brought into the lower part of the
yard, which would be a great convenience, and answer, many valua-
ble purposes. The Subject is respectfully submitted for your consid-
eration.
The undersigned have long been of opinion that almost ever) crime
may be traced either directly cr indirectly to the improper use of ardent
spirits. For the purpose of testing the truth of this opinion in rela-
tion to the inmates of the Penitentiary, a day was appointed to inter-
rogatethem on this and other important matters ; and as they are all
locked up in their cells a large portion of the Sabbaths, that day was
selected as affording the best opportunity of interrogating them sepa-
rately and alone. Each individual was asked the following questions:
Had you the advantage of moral and religious instruction in your youth ?
How were you educated^ and did you indulge in too free use of ardent
spirits? The whole number of convicts at this time was one hundred
and seventy-seven, and the following is the melancholy result of the
inquiries:
Eighty-four answered that they were constantly inloxicatcd when they
could procure the means of indulgence; that they were
brought up without religious or moral instruction, and al-
most wholly destitute of education.
Thirty replied th y were camnion drunkard*,'brought up Avitliout rell-
gnur or moral instruction, but that they had a tolerably fair
education.
'Twenty, that the) could read and write, morally brought up, but \eiy
inteinpeiate*
Twenty-four, that they were constant dram-drinkers, oOcasioiicdly drunk,
badly bfouglit up, without any education.
Four, that they were constant dram-drinkers, occasionally drunk, had-
ly brought up, without scarcely any education.
Thirteen, that they had always been temperate, without education, and
badly brought up.
Two, that they had always been temperate, morally brought up, with
common education.
They all seemed to deplore the want of correct instruction in their
youth, and the intemperate course of life it gave rise to, and declared that
1o these causes they ascribed their dereliction from moral duty. The
foregoingstatement of facts, which is corroborated by the examination
EG
JOURNAL OF
b£ con viols heretofore made, furnLh incontestible proof Cf tTje bane-
ful effects of Intemperance, and OptUs a wide field f< r the It rs of the
Philanthropist, the Legislator, the Parent, and tl e Divine.
During the lmt two "leafs the eolleetit n of money has bem rciy dif-
ficult, in consequence of the pecuniary embain ssments c 1 1I1 mntiy;
•notwithstanding this, however, ft is hdieved that the Ageil h is been
as successfuliA his efforts as the most prudent merrli nit i j tT 1 mage-
ment of his own business; and the undersigned are nf t ]/ 'on, tiiut
there will be but a very small loos on the del it's due the ]. lie i. The
tnanuer of doing business ih this coufilry rendeisil almost i passible
to sell extensively tbr Cash, hut it is respectfully suggested, ih t a law
might be passed, prohibiting the agent horn ( penii genre m t below
a specified sg n. This would relieve the imtituii m fn-nl die lr< uble cf
a class of small debts, which although ullitaately good, are urie expmse
ihanprofit. The inspectors believe thai they fiuve the ] o ver 1 * pass a
resolution directing tire Agent to that eilect, but it would he mucn more
satisfactory to have the authority of the representatives of the people
for such a measure.
The upderngned, during the last two yearr, have regularly visited
the prison, not only at the times required by law, but upnn all o'her oc-
casions when they believed that their presence cpull, in any respect,
be hcnelii ial • and lliey have had un anxious de: ire to set* it meet the
expectations cf those who were favuiabje to its- establish u'uit, and
have a hope that their labors bare not be^n entirely de .titate of usefulJ
neks; and ihey respectfully request that the General A sc nbly will
make a careful exapination of everything relating to the institution,
and it will be grAtifyingto the undersigned to hay^Jhe opportunity of
attending a committee either at their room or the prison, and making
such explanations as may he required.
The undersigned, iri closing the report, deem it an act of justice to
the agent and every otherofficer of the prison to state* that their duties
have been performed at all times with fidelity and usefulness.
Respectfully submitted,
R. C: FOS TER,
JNO. HARDING,
WM„ CARROLL.
Nashville, October 11, 1841.
STATEMENTS OF THE AGENT OF THE TENNESSEE
PENITENTIARY.
To the General Assembly of the State of Tennessee,
Convened at JVashville:
The Agent of ihe Tennessee^ Penitentiary respectfully submits the
Subjoined statements, showing the receipts and expenditures for the two
years closed September 30lh, 1841, with tables* annexed, giving the
infprmation require^relative to the convicts for the same period.
H. J. ANDERSON. Airenf
THE SENATE.
57
MANUFACTURES.
ZV,
To fit/ished work and materials on hand
September 30, 1839, 23,015 04
Tools and shop furniture, 5^427 62
Stock since purchased, 41,373 53—G7,81G 19
Cr.
By amount received and charged fcr
work done and articles sold from
30th Sept. 1839, to Sept. 30th, 1841, 88,020 89
Finished work arid materials on hand,
Sept. SOlh, 1841, 21,707 05
Tools and shop furniture, 3,550 00—-113,878 54
£4G,OG2 33
EXPENSE ACCOUNT.
Dr.
To amount expended for fuel, medicine,
stationery, clothing of convicts, aucl
other incidental expenses for two
years ending 30th Sept. 1841, 9,512 51
Amdupt paid convicts discharged from
prison for the two years ending
30th Sept. 1841, 511 50—10,024 01
Cr.
By jane^ cotton cloth, convict clothing
and fire wood on hand, Sept, 30th
1841, 738 56
$9,285 45
STATEMENT OF PROPERTY.
Furniture of office*, guard-rooms and
cells, carts, drays, horses, stoves,
&c. valued Sept. 30th, 1841, at 2,250 00
Less amount of property on hand, 30th.
Sept. 1839, 2,108 50—>-
Inprease balance of property, $141 50
58
ournal of
Agent and Keeper,
In account with Tennessee Penitentiary,
Dr.
To this amount received from manufac-
tured articles and .debts collected
from 30th Sept .1839, to 30th
Sept. 1841, 54,81349
Cr.
By balance, 30th Sept. 1839, per ao
count rendered, 2,399 1
By this amount paid sundries as per
vouchers, including all salaries of
officers, victualling convicts, &c.
from 30th Sepfi 1839,. to 30th
September, 1841, 50,375 22
By this amount paid Miller Francis,
Treasurer, on account of profits
made by the institution, 5,333 33—58,107 67
$3,294 50
incqme.
To balance of uiuiu-
fiptures a
Balance of j i Vt nel.
To bail iling n • lv t vo-
story brick shop
and other iniprpvc-
ments on prison
properly,
Bills receivable due
•prison,
Recounts due prison,
4S,0G2 3:
763 GG
141 50
10,583 47
25 268 65
$8\665 72
EXPENDITURES.
8,773 95
By coiling't eXpens1
Aipk paidconvicts on
disoh'g frOm pris-
on,
Fay of officers, rations
&c. from Sej t. 30,
'39, to$ept. 30, '41,
To am't; due agent,
Am't due sundries on
account,
Balance per ac't ren~
der'd Sept. 30, '39,
Balance Sept. 30, '41,
511 50
26,616 30
3,294 50
3,95S 26
31,756 1 9
13,655 03
j)S8,565 72
THE SENATE.
59
STATEMENT OF PRISONERS, SEPTEMBER, SO, 1841.
Whole number of pris-
oners in confinement
Sept. 30, 1839,
Since received—White
males, 110
White females, 1
Black males, 4
Black females, 1
,154
111
5
270
Disch'ges by expiration
of sentence from 30th
Sept,'39, to Sept. 30,
1841—White males,
Black males,
Pardon'd; white do
do do female,
Died,
Escaped,
Now in confinement^
57
2—57
30
1—31
1
J
178
270
The CONVICTS were EMr LOVED on the 30th September, 1841,
as follows:
Stone Department,
27
Brought up,
liO
Wagon do
9
Turning,
3
6
Blacksmith's do
22
Picking wool,
Tailor's do
13
Waiting on Shops,
8
Carpenter's do
10
Cat ding,
2
Shoe do
13
Slaie making,
1
Harness do
Ci
Cooking,
Paint do
o
Hospital nurse,
1
Cooper's, & gel'ing out staves,
14
Washing, urkin,raud
mending
Hatter's Department,
25
- convict clothing,
4
Making matrasses,
1
Sick,
10
do cotton wheels,
1
Locked,
1
146
Total,
178
AGES OF CONVICTS WHEN SENTENCED.
Under 20 years,
From 20 to 25 years,
From 30 to 40 years,
From 25 to 30 years,
26
45
33
35
139
Brought forward,
From 40 to CO years,
From 50 to 60 years,
From 60 to 70 years,
Total,
139
22
11
6
178
JOtfRNAL OP
CRIMES op WHICH THEY "WERE CONVICTED.
Murder, fir A decree,
do second do
Assault and buttery with m-
tent to 'kill-,
Burglary,
Negro stealing,
Ilorse do
Grand larceny,
Petit do
Forgery,
Voluntary manslaughter,
ILpe,
14
4C
64
7
4
3
153
Brought forward, 153
Malicious stubbing, 4
Receiving stolen goods, 3
Involuntary manslaughter, 1
Arson, 1
Pci jury, 3
Bigamy, 3
Incest, 1
Counterfeiting, A
Shooting, 4
Buggery, 4
Total, 173
COUNTIE'j EI WHICH THEY \\ ERE CONVICTED:
RoberLOii,
Dicks'1!],
Shelby,
McMinh,
Madison,
Olqiborne,
Davidson,
Lawrence,
Stewatt,
Perry,
PculherforJ,
Franklin,
Maury,
Fayette,
Knox,
Tipton,
Giles,
Hawkins,
8
8
CI
5
1
87
Bnugrt fortv'd, S
Marshall,
\ t illiatoson,
Bedford,
Sullivan,
Bradley,
Haywood,
Carroll, *
Wilson,
Lincoln,
Washington,
Gruingdrt;
Roane,
Montgflrfteryj
Blount,
Rhea,
Bledsoe,
Jefferson,
Hardin,
143
Bro't forward,
Anderson,
Morgan,
Henderson,
Hamilton,
White,
Overton,
Marion,
McNairy,
Cannon,
Warren,
Hardem&n,
Lauderdale,
Carter,
Greene,
Jefferson,
Cocke,,
Henry,
Monroe*",
Total,
143
1
1
3
4
3
2
2
2
1
1
2
1
0
1
1
1
o
5
178
THE SENATE.
61
LIST OP SENTENCES.
For life,
21 yews,
20 years,
15 years,
14 years,
12 years,
10 years, and 8 months, 1
10 years, 7
9 years, 1
8 years, 3
7 years, 1
2 yedrs and 6 months, 1
30
Brought forward, 30
For 7 years and 6 rhonths, 2
" G yearS* 1
" 5 years, 30
" 4 years find 5 months/ 1
u 3 years and 8 months, 1
cc 3 years Und G months, 1
u 4 years, 18
2 yours, 7
a 1 year and 9 months, 2
« 1 year, 3
u 3 years, 8!
" ' 2 yeafs, and 3 months,. I
Total,
178
NATIVES OF THE FOLLOWING STATES AND COUNTRIES.
Tennessee,
Kentucky,
Alabama,
Maryland,
New York,
Virginia,
Georgia,
Bhode Island,
IOC
Bro't forwM, 100
New Jersey, 1
Dist. Columbia, 1
North Carolina, 44
South Carolina, 11
Pennsylvania, 4
Vermont, 1
Missouri, 1
Total,
160
JBra't forward,
Indiana,
Cuba,
Ireland,
Wales,
Italy,
England,
Spain,
Total,
103
1
1
2
1
1
2
I
178
62
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Wli'n C'nvict'd
Nov. 8, 1833
" 5, 1834
Oct. 5, 1835
April 13, "
Dec. 12, 1836
Jan. 17, 1837
Feb. 19, "
March 21, "
July 3, "
Oct. 25 "
Nov. 18, "
Dec. 7, »
" 12, "
Jan. 26, 1838
June 19, "
July 1, »
" 1, "
" 1, "
tt 4} tt
Oct. 12, "
June 13, 1839
Oct. 26, "
Horse Stealing
do
do
do
Burglary and Larceny
Assault to kill
Larceny
Grand Larceny
do
do
Felony
Forgery
Malicious Stabbing
Horse Stealing
Grand Larceny
Horse Stealing
Grand Larceny
Perjury
Petit Larceny
Horse Stealing
Malicious Stabbing
Larceny
CRIMES.
n3
o
">
*o
£
M'Minn
Claiborne
Stewart
Perry
Bedford
Shelby
Dickson
Carroll
Washington
Summer
Gibson
Franklin
Davidson
Fayette
White
Knox
do
M'Minn
Dyer
Haywood
Marshall
Shelby
NAMES.
James W. Duncan
'Thomas Ely
Lavkin Tims
Wm. M. Duke
Thomas Hudson
Louis de St. Leger
Guilford Cook
James H. Brown
John Rhea
Joseph Hullett
Jonas Brown
W. P. Jacobs
Allen Jarnagin
John Huffman
Benj. Springs
And'w Swisegood
Peyton Elkins
John S. Crocker
Craven C. Butts
George Mezells
Dan'l Doxey
Win; Campbell
.68
JOURNAL OF
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THE SENATE.
67
"Which report being read, on motion of Mr. Laughlin, was laid on
the table.
A message from the House of Representatives, by Mr. Mitchell, their
elerk:
Mr. Speaker : I am directed by the House of Representatives, to
transmit to the Senate a petition of sundry cituens of the counties of
Rhea and Meigs, asking the passage, of an act concerning the School
lands.
And then withdrew.
Which was ordered to lie on the table.
Mr. Foster presented the Report of the Agent of the Tennessee
Penitentiary, as follows:
To the General Assembly of the State of Tennessee, convened at J\"dshville.
The Agent of the Tennessee Penitentiary respectfully submits the
subjoined statements, showing the receipts and expenditures for the
two years, closed September the 30th, 1841, with tables annexed,
giving the information required, relative to the convicts, for the same
period.
H. J. ANDERSON, Agent.
Which is ordered to lie on the table.
A message from the House of Representatives, by Mr. Mitchell,
their clerk:
Mr. Speaker I am directed by the House of Representatives, to
inform the Senate that the1 House has read and considered the resolu-
tion of the Senate, proposing to appoint a joint select committee to
wait on his Excellency Jas. Ch Jones, Esq. Governor elect, and in-
form him of his.election, and have amended the same, by adding, and
that said committee wait on his1 Excellency James K. Polk, and notify
him of the adoption of this resolution, and respectfully request his
presence on the occasion; which resolution, with the amendment, is
adopted by the HoUse, and asks the concurrence of the Senate therein.
And then retired.
The Senate took up said resolution and amendment thereto; which
being read, was concurred with.
Ordered, That the clerk acquaint the House of Representatives there-
with.
Ordered, Thit Messrs Ashe, Nelson, and Williams, be appointed of
said committee, on part of the Senate.
On motion of Mr. Foster,
The report of the Inspectors of the Penitentiary, and the report of
the Agent of said Penitentiary, -were taken up, and severally read.
And on ^notion of Mr. Foster,
Said reports are ordered to be transmitted to the House of Representa-
tives.
On motion of Mr. Johnson,
The Senate took up the message from the House of Representatives,
proposing to go into an election for J idge of the first Judicial Circuit;
which being read, was concurred with.
rirfynulf Tlmi t^PclprV ai-rjit^ni the House therewith.
Jennings submitted the fbnbwing':
<68
JOURNAL OP
Resolved by the General Assembly of the State of Tennessee, That in
•order to prevent the loss cf .the books and papers of the office of the
Secretary of State, that officer be, and he is hereby required to permit
no person to remove a book or paper out of his possession unless upon
a written order, signed by the person desirous to make such removal,
which order shall be filed, and shall be given up1 only on the return of
the books or papers-, for which the order has been given.
Resolved further, That the door keepers of the Senate and House of
Representatives, be, and they are hereby required, at such times as the
Secretary of State may call upon them, -to go in search of all books and
papers that the members of the General Assembly may fail within a
reasonable time to return to his office: Provided, That the door keepers
perform the duty herein enjoined at such hours as will prevent interfer-
ence witfythe duties incident to their attendance on their respective houses.
Which being read, it is
Ordered to lie on the table.
On motion of Mr. Ashe,
A bill from the House of Representatives, to change the time of hold-
nig the term of the Circuit Court of Madison county, from the 4th Mon-
day in October, to the 4th Monday in December, and for other purposes,
was read a second time, and passed.
On motion of Mr. Martin,
The Senate adjourned 'until 2 o'clock.
evening session.
The Senate met agreeably to adjournment.
A message from the House of Representatives, by Mr. Mitchell, their
clerk: *
Mr- Speaker : I am directed to acquaint the Senate that the House
of Representatives is ready to receive the Senate at their Hall, to pro-
:ced to the election of a Judge of the 1st Judicial Circuit.
Whereupon Mr. Speaker Turney and gentlemen of the Senate pro-
ccedfcd to the hall of the House of Representatives.
Whereupon the Senate and House of Representatives in convention
assembled, proceeded to the election of Judge for the first Judicial
Circuit.
Mr. Brookins Campbell nominated Seth J. W. Lucky.
And there being no opposing candidate,
Those of the Senate who Voted for S. J. W. Lucky, were, Messrs.
Ashe, Bradbury, Foster, Frey, Gardner, Hardwicke, Jennings, Johnson,
Lauglilin, Ledbetter, Machn, Martin, Matthews, Miller, Motley, Nelson,
Peyton, Powell, Reneau, Ross, Sevier, Warner, Waterhouse, Williams,
and Mr. Speaker Turney, 25. *
There also voted for Seth J. W. Lucky, of the House of Represen-
tatives, sevenfy-thrt e votes.
Whereupon, Mr. Speaker Turney, of the Senate, declared that Seth
J. W. Lucky, Esq. was duly and constitutionally elected Judge of the
first Judicial Ci ou t, for the State of Tennessee, for the ensuing eight
yea s
THE SENATE
69)
The Senate and' Hems# of Representatives then proceeded to the elec
tion of a Register for Middle Tennessee,
And the joint resolution of both Houses being read, announcing that
said election, would b,e held, when
Mr. Jennings nominated Lindley M, Bransford..
There being no opposition,
Those who voted for Mr, Bransford, were, Messrs. Ashe, Bradbury,
Foster, Frey, Gardner, Hardwicke,t Jennings, Johnson, Laughlin, Led-
better, Maclin, Matthews, Motley, Nelson, Peyton, Powell, Reneau,
Ross, Sevjer, Warner, Waterhouse, Williams, and Speaker Turney, 25.
There were also cast for Mr. Bransford, in the House of Represents-
tiyes, 73 votes.
Whereupon, Mr. Speaker Turney declared Lindley M. Bransford
duly and constitutionally elected Register for Middle Tennessee, for
and during four years next ensuing.
The Speaker of the Senate, and gbntlemen of the Senate, returned to
their chamber, and renewed their session.
Mr. Ledbetter submitted the following:
Resolved, That the committee on Education and Common Schools be
directed to enquire into the expediency of abolishing the office of Su->
perintendent of Public Instruction, and of transferring the duties pf that
office to the Bank of .Tennessee, and the Comptroller of the Treasury,
and that the committee report by bill or otherwise.
And said resolution being read, it is ordered to lie on the table.
Mr. Williams submitted the following; f
Resolved, That the Comptroller be instructed to report the Senate,
what Academies have drawn, the whole amount of the Academy fund to
which they may be entitled; what ones have drawn a part only, and
what ones have omitted to apply for any portion of the same.
Which being read, it is ordered to lie on the table.
The resolution heretofore submitted by Mr, Laughlin, proposing to in-
•struct, our Senators and request our Representatives in Congress to pass
additional laws on the subject of horses and other property lost in the
Florida war, by the volunteers of ^Tennessee, was taken up, and
being read,
On motion of Mr, Reneau, leave was given him to withdraw said
resolution for amendment,
Mr. Warner moved to take up the resolution from the House of Re-
presentatives, proposing that the Senate meet the House of Representa-
tives in their hall, on the 19th instant, to elect an Attorney General for
the 5th District.
And the sense of the Senate being taken thereon, said motion was re-,
jec+ed.
On motion of Mr. Waterhouse,
The Senate took up the message of the House of Representatives, and
the amendments to the resolution of the Senate to elect an Entry Taker
and Register m the Ocoee District, being read, the Senate non-concurred
in the amendment of the House, so far as it relates to the election of Re-
gister^ and concur in striking out the words "Entry Taker."
70
JOURNAL OF'
Ordered, That the clerk- acquaint the House therewith.
On motion of Mr. Ledbetter,
The Senate, adjourned, until to-morrow morning, 9 o'clock.
TUESDAYj October 12, 1841.
Mr. Reneau returned without amendment, the resolution submitted by
Mr. Laughlin,- proposing to instruct our Senators, and request our Re-
presentatives in the Congress of the United States, to pass additional
laws on the subject of horses, and other property lost by the volunteers
of Tennessee, in the late Florida war.
Mr. Laughlin presented the memorial of James Bradford, praying that
the amount of a fifie,.imposed by the sentence of the Circuit Court of
Warren county, may be refunded to him.
* Which being read, when
On motion of Mr. Laughlin,
Ordered, That said memorial be referred to the Committee on Claims,
Mr. Laughlin submitted the following": ;
Resolved, That the clerk of the Senate be directed to write to the
clerks of the County Courts of the several counties from which no re-
turns of the State census have been received, requesting said clerks
forthwith to send by mail, addressed to the Speaker of the Senate, the
necessary certificates, the number of free white male inhabitants of their
respective counties, as required by the act of 29th January, 1840, enti-
tied "an act to provide tor the taking of the enumeration, of the free
white male inhabitants of the State of Tennessee."
Which resolution was read, when
On motion of Mr. Laughlin, the rule requiring resolutions to lie on
the table, being suspended,
Said resolution was adopted.
Mr. Foster submitted the following, in lieu of. a resolution by him
submitted, referring the Governor's Message, with the accompanying
documents, to the appropriate committees.
Resolved, That so much of the Governor's Message as relates to elecr
tions, be referred to the committee on Privileges and Elections.
So much of said Message as relates to the expenditures of the State,
be referred to the committee of Ways and Means.
So much of said Message as relates to the revenue, be referred to the
committee on Finance.
S® much of said Mv,ssaoe as relates to Education and Common
Schools, be referred to the committee *on Education and Common
Schools.
So much of said Message as r:lates to the Judiciary, be referred to
the committee on the Judiciary,
So much of said Message as relates to the subject of Internal Im-
provement, be referred to the committee on Internal Improvements.
So much of said Message as relates to Military Affairs, be referred
to the committee on Military Affairs.
•So much of said Message as relates to Counties and County Lines
be referred to the committee on New Counties and County Lines.
THE SENATE.
71
So mufch of said Message as relates to the subject' of the Peniten-
{iary, be referred to the committee on the Penitentiary.
S j much of said Message as relates to the subject of Banks, be re-
ferred to the committee on Banks.
So much of said Message as relates to the subject of Public Lands,
be referred to the committee on Public Lands.
So much of said Message as relates to Public Roads, be referred to
the committee on Public Roads.
So much of said Message as relates to the Federal Government, with
the accompanying documents,: be referred to the committee on Federal
Relations.
Which resolution was read ; *when, on motion of Mr. Foster, the
rule requiring the same to lie over one day, being suspended, said reso-
lution was adopted.
On motion of Mr. Jennings,
The "Senate took up the consideration of the resolution by him sub-
mitted on yesterday, to prevent the removal of books and documents
from the office of the Secretary of State, and for other purposes ;
Which was read, and laid on the table.
Mr. Williams submitted the following:
Resolved, That a standing committee be created, to be denominated
the committee on x^griculture.
Which resolution was-read *, when on motion of Mr, Williams, the
rule requiring said resolution to lie over one day, being suspended,
when Mr. Foster moved to amend said resolution, by adding thereto
the words "and Manufactures;" which motion prevailing, said resoln-
tion and amendment was adopted.
Mr. Speaker Turney appointed Messrs. Williams, Gardner, Ledbet-
ter, Frey, and Miller, a committee on Agriculture and Manufactures.
Mr. Gardner submitted the following:
Whereas it is the opinion of this General Assembly; that wisdom and
sound policy require that the peculiar interest of all the laboring class-
es of society, but more especially, the agricultural industry and enter-
prise of the country, shoqldbe protected and encouraged to the utmost
practicable extent, by proper and judicious legislation ; and whereas,
the State of Tennessee is and must continue to be Agricultural in her
leading pursuits, and can alone look with strong hope^ and unshaken
confidence of success to 'her agricultural resources for the principal
elements of social comfort, individual wealth, and permanent pros-
perity; and whereas, her enterprising and industrious population is be-
coming extensively engaged in the culture of tobacco, at present the
leading and most valuable of all her agricultural staples; and where-
f.s, this product of American growth, on entering the ports of almost
(very foreign country, to which it is exported, is subjected to unreason-
fble and enormous duties and restrictions, amounting, in many of these
<ountries, almost to prohibition: Therefore,
1st. Resolved by the General Assembly of the State of Tennessee,
That our Senators in Congress be instructed, and our Representatives
"equested, to use their utmost influence and exertions for the adoption
of such measures as, in their opinions, will result in relief to this great
12
JOURNAL OF
agricultural! interest, of a large portion of the American people, by the.1
speedy removal of existing restraints, or the reduction of the present
high duties on American tobacco, entering foreign ports, to a fair revenue
standard..
2d. Resolved, That in. the opinion of the General Assembly, wis-
dom indicates a, resort to negotiations as the first and best means of ac-
complishing this great, and important object..
3d. Resolved, That should the arts of diplomacy fail to secure the
desired relief, in that event,, this General Assembly hereby instructs our
Senators, -and requests our Representatives, in the Congress of the
United States, to resort to a system of countervailing duties, to be im-
posed on the luxuries imported fron^those foreign countries to which
American tobaccohs- sent,, and in which it is subjected to the enormous
duties so justly complained of..
4th. Resolved. That should a resort to the system of the counter-
vailing duties here recommended become necessary to accomplish the
objects in view, then and in that case, it is the sense of this General
Assembly that the Congress of the United States ought to reduce this
existing duty on articles of comfort and necessity, so that the aggre-
gate amount of revenue collected from imports shall not exceed the
wants-of the Federal Government, when economically administered.
5th. Resolved, That a copy of the foregoing preamble and resolu-
tions be communicated by the Governor of the State to each of our
Senators and Representatives in Congress, and^also to the Governors of
the States of Virginia, Maryland, Kentucky, Ohio, Indiana, Illinois, and
Missouri, with a request that they be laid before their respective Le-
gislatures, at the earliest opportunity, and that said States be respect-
fully requested to co-operate with the State of Tennessee, in the ac-
complishment of the object of the foregoing resolutions.
Which resolutions were read, and on motion of Mr. Gardner, were
laid on the table.
Mr. Miller introduced
<c A bill (No. 9) to consolidate the funds, and to provide for but one,
instead of t-wo separate classes of Common Schools, in the Hiwassee
and Ocoee Districts, of the State of Tennessee."
Which was read a first time and passed.
And on motion of Mr. Miller, was referred tO'the committee on Fdu-
cation and Common Schools.
On motion of Ur. Laughlin,
The Senate took up the consideration of the preamble and resolu-
tions by him submitted on yesterday, relating to the claims of the vol-
unteers of Tennessee, in the war of Florida, for horses, accoutrements,
and other property, lost in the said service ; which were read, and on mo-
tionof Mr. Laughlin, said preamble and resolutions were adopted.
Ordered, That the clerk acquaint the House of Representatives there-
with, and ask their concurrence therein.
Mr. Gardner submitted the following :
Whereas a due regard to public economy, and the pecuniary inter*
ests of our common constituency, render the members of the prpsenl
General Assembly anxious to prevent, if possible,, 9 calX of the Legisla*
THE SENATE.
7^
ture of th,e State, in extra session,, for the purpose of arranging Con-
gressional Districts, under the apportionment of representation in the
NationaJ Legislature, which is-expected will be made at the approaching
session of Congress: Therefore,
1st. Resolved by the General Jtssemtyy of the State of Tennessee,
That our Senators in Congress be instructed, and our Representatives
requested, to use their influence in procuring the passage of the con-
templated apportionment bill, at the earliest period possible of the ap-
proaching session of Congress, so that the present General Assembly,
before it separates, may.act ia the arrangement of new Congressional
Districts.
2d. Resolved, That to pro,mote this object, our Senators in Con-
gress be, and they are hereby requested, immediately on the passage of
an apportionment bill, to transmit a copy thereof to, the Governor of
this State, that the same may be laid before the Legislature at its pre-
sent session.
3d. Resolved, That a copy of the foregoing preamble and resolu-
tions be forwarded to each of our Senators and Representatives in
Congress.
And said preamble and resolutions -were read,
And on motion of Mr. Gardner, laid on the table.
Mr. Williams submitted the following;
Resolved, That the committee on Finance* be instructed to enquire
into the expediency of consolidating the offices of Treasurer andComp-
troller,and of transferring a part of their duties to the Bank of Tennessee.
Which being read, was ordered to belaid on the table.
The Senate took up on its second reading,
9 A bill to repeal the 2d and 4th sections of the act of 1811, chap-
ter 113;" which was read a second time and passed.
And on motion of Mr Ledbetter, was referred to the Judiciary Com-
mittee.
The Senate took up on its second reading,
" A bill to establish a Chancery Court at Sparta,, in the .county of
White;" which was read a second time and passed.
And on motion,
Was referred to the Judiciary Committee.
The Senate took up on its second reading,
''A bill to-amend an act, entitled an act to provide for the probate*
and registration of deeds and other instruments, passed December,
1831, chaptOr 90;'' which was read a second ti^ e and passed.
And on motion of Mr. Ledbetter, was referred to. the Judiciary Com?
mittee ; and
Ordered, That twenty-five copies be printed for the use of the
Senate.
The Senate took up, on its, third reading, a bill from the House of
Representatives,
"A Bill to change the time of holding the term of the Circqit Court
of Madison county, from the 4th Monday in October, to the 4th Mo a-
day in December, and fp.r other purposes."
74
JOURNAL OP
Mr. Ashe moved the following amendment:
Section 3d. Beit enacted, That the Judge of the Circuit Court of
Madison county shall open said Court upon the-4th Monday f Octo-
ber, 1841, and keep said Court open untibState's day, and take the re-
cognizance of defendants, to appear at the term of said Court, to be
holden as provided in this act, and,if anydefenda: t recognized to ap-
pear at the October term of said court, shall fail to appear, as bound
in said recognizance, a forfeiture shall be taken against said defendants
and their bail; and said bill and amendment was read a third time.
The yeas and nays being demanded, those who voted in the affirma-
tive were:
Messrs. Ashe, Bradbury, .Foster, Frey, Gardner, Hardvvicke, Jen-
nings, Johnson, Laughhn, .Ledbetter, Maclin, Martin, Matthews, Mil-
ler, Motley, Nelson, Peyton, Powell, Reneau, Ross, Sevier, Turney,
Warner, Waterhouse, and Williams, 25.
So said bill was passed.
^Ordered, That the Clerk transmit said bill, with the amendment, to
the House of Representatives, and request their concurrence therein.
Mr. Turney introduced
" A bill for the bene&tof Endorsers' and Securities;" which was read
a first time and passed ;
Apd on motion of Mr. Ledbetter, was referred to the Judiciary Com-
mitlee.
Mr. Matthews introduced
" A bill to regulate the salaries of the officers of the Bank of Tennes-
see, and thereby save the State of Tennessee 7,000 dollars which was
read a first time and passed, and on motion of Mr. Ledbetter, referred
to the Committee un Banks.
A message from the House of Representatives, by Mr. Mitchell, their
clerk:
Ma. Speaker: I am instructed by the House of Representatives to
transmit the memorial of certain citizens of the counties of Rhea and
Meigs, relating to the school lands, and ask the co-operation of the Sen-
ate therein.
And then he withdrew.
On motion of Mr. Miller,
Ordered, That the said memorial be referred to the Committee on
^Education and Common Schools.
A message from the House of Representatives, by Mr. Mitchell,
their clerk:
Mr. Speaker : I am directed by the House of Representatives to
inform the Senate that the House of Representatives has adopted a res-
olution that the Senate meet the House in its Hall on Wednesday the
13th inst., for the purpose of electing an Attorney General in the third
Judicial Circuit, and ask the concurrence of the Senate therein.
And then withdrew.
And said message being read, on motion of Mr. Waterhouse, waslaid
on the tabic.
On motion of Mr. Ross,
The Senate adjourned until 2 o'clock,. P. M. .
THE SENATE.
75
evening session.
The Senate met pursuant to adjournment.
Mr. Ledbetter submitted the following:
Resolvedy.Thax the Committee on Agriculture and Manufactures be
directed to enquire into the expediency of establishing by law at Nash-
ville, and such other places in the State as may be thought advisable, a
public inspection-of tobacco, .and for the election of Inspectors by the
two Houses of the General Assembly.
Which was read and ordered to lie-on the table.
On motion of Mr. Foster,
Leave of absence was g.^pted to the Joint Select Committee, ap-
pointed on part of the Senate to wait on his Excellency James C. Jones,
Governor elect, to notify him- ot his election.
0» motion, the Senate adjourned*until to-morrow morning, 9 o'clock.
WEDNESDAY, October 13, 1841.
The>Senate met pursuant to adjournment.
Mr. Ashe, from the Joint Select Committee, appointed to wait upon
his Excellency James C. Jones, and acquaint him of his election as
^Governor of the State of Tennessee, and for other purposes, submitted
his report that said services had been perfcrrned; which being read is
concurred in.
On motion of Mr. Ashe,
It is ordered that' the Clerk transmit a copy of said report to the
House of Representatives, and ask their concurrence therein.
3Ir. Ledbetter submitted the following:
Resolved by the General Assembly, That the Senate meet the House
of Representatives in their Hall, on Friday the 22d inst., for the pur-
pose of electing two Senators to represent the State of Tennessee in
the Congress of the United States; which was read and laid on the table.
Mr. Foster presented
A bill to amend an act entitled £C an act to authorise suits to be brought
jointly agains-t the, makers and endorsers of promissory notes, and other
instruments ;" which was read a first time and passed.
Mr. Gardner introduced
A bill to legalise the payment of interest on open accounts, in certain
cases, and for other purposes; which was read a first time and passed.
On motion of Mr. Miller,
The Senate took up the consideration of the resolution from the
House of Representatives, proposing that the Senate do meet ihe House
at their Hall, on Wednesday the 13th inst., for the purpose of electing
an Attorney General for the 3d Judicial Circuit; which being read,
was on motion of Mr.- Miller, amended, by striking out the the " 13th
inst./' and inserting in lieu therepf," Friday the 15th instant;" which
amendment was adopted.
Ordered, That the clerk inform the House of .Representatives there-
with, and ask their concurence thereon. .
Mr. Hardwicke in the Chair,.
JOURNAL OP
Mr. Turney submitted the following:
1st. Resolved, That the committee on Banks be instructed to -en-
quire into the propriety of authorising the Bank of Tennessee, to issue
notes of the denomination of one dollar and upwards.
2d. Resolved, That the sa,id committee be instructed to enquire into
the propriety of authorising the said Ban% to make all the notes of the
•principal Bank and branches, payable at the principal Bank, to eonsol-
idatethe specie capital, and to give the'principal B.ank a control of the
branches. .
Resolved further, That the said committee be instructed to. enquire
into the propriety of so regulating the calls of the Bank and branches,
or either, that they shall only call ten per cert semi-annually, if not up-
on large notes of traders and speculators, at least upon srnall notes of
the farmers and mechanics, so as to allow them to renew their notes by
paying ten per cent semi-annually, until all is paid, and report by bill
or otherwise to the Senate; which being read, was laid on the table..
Mr. Johnson introduced
"A bill directory to clerks, witnesses, and suitors, and to amend the
law relative to witnesses' attendancewhich was'read a first time and
A message from the House of Representatives, by Mr. Mitchell, their
clerk:
Mr. Speaker: The flogse of Representatives have taken up and
considered the reso'ution of the Senate in relation to the claims of the
Tennessee volunteers, for horses and other property lost in Florida ; in
which they concur.
The House of Representatives have adopted a resolution proposing
to go into the election of an Attorney General for the first Solicitorial
District on Saturday, the 2Gth insf
They have also adopted a resolution proposing to go into the election
of an Attorney General for the tenth Judicial Cirqjiit on the first Mon-
day of November next; in which, resolutions they ask the concurrence
of the Senate.
And then withdrew.
Which was laid on the table.
Mr. Bradbury introduced
" A bill to protect the owners or keepers of toll-gates, bridges, and
ferrieswhich was read a first time and passed.
On motion of Mr. Ledfietter,
The Senaty took up the consideration of a resolution submitted by
Mr. Gardner, directory to the Committee on Agriculture and Manufac-
lures ; when on motion of Mr. Gardner, leave was granted him to withi
draw said resolution for amendment.
Mr. Laughlin submitted the following i
Resolved, That a seelct committee of seven, two from the eastern,
two from the western, and three from the middle division of the State,
be appointed to take into consideration the enumeration of the free
white male inhabitants of the State, taken in pursuance of the act of
the 29th of January, 1S4B, entitled (t* An act to provide for the enumer-
ption of the free "white m$Je inhabitants of tfie State of Tennessee,,
THfi 'SENATE.
^7
(nd shall take into consideration and report upon the apportionment of
<he Senatorial Districts and fepresentation in the G'eneral Assembly*
r ccording to the provisions of the second article of the Constitution of
the State of Tennessee.
On motion of Mr. Foster,
The Senate adjourned until 2 o'clock.
evening sessitfn.
The Senate met pursuant to adjournment.
Mr. Speaker Turney presented to the Senate a communication from
T. F. Fanning, Secretary of the Tennessee Agricultural Society, in-
vitingthe gentlemen of the Senate to attend a meeting of the Society,
to be held at the Reformed Baptist Church, on this day at 3 o'clock,
f>. M.
And on motion of Mr. Williams,
The Senate adjourned until to-morrow morning 9 o'clock.
THURSDAY, October 14,1841.
The Senate met pursuant to adjournment.
A message from the House of Representatives, by Mr. Mitchell, their
clerk:
Mr. Speaker: The House of Representatives have adopted a
resolution, that the Senate meet the House at their Hall on the nine-
teenth inSt, -for the purpose of electing an Attorney General in the
fifth'Solieitorial District.
They have also adopted a resolution proposing that the Senate meet
the House at their Hall, On the first Monday of November next, at 2
o'clock, P. M., 'for the purpose of electing an Attorney General in the
10th Judicial Circuit.
They have adopted a resolution, proposing that the Senate meet the
House of Representatives at their Hall, on Wednesday, the 10th of
November, to go into the election of an Entry Taker for the Ocoee
District, in which they ask the Senate respectively Jto concur.
And then he withdrew.
Mr. Hardwicke introduced
u A Bill to equalise the discounts at the Branches of the Bank of Ten-
nessee and for other purposeswhichwas read a first time and passed,
and on motion of Mr. Martin was referred to the Committee on Banks.
Mr. Laughlin introduced
A bill to remove the seat of Government from Nashville; which was
read a first time and passed.
Mr. Nelson introduced
A bill to repeal the 9th section of the 68th chapter of the acts of
1K33.; which was read a first time and passed.
•Mr. Foster introduced
A bill to provide for, and secure femes covert in the possession and
enjoyment of property.
Whh>h wao it ad u firot timo and massed.
78
JOURNAL OP
On motion of Mr. Ledbetter,
It is oidered that one hundred copies of said bill be printed.
On motion of Mr. Gardner,
The Senate took up the consideration of their amendment to the bill
from the House of Representatives, to niter the time of holding the
term of the Circuit Court in the 'county of Madison, from the fourth
Monday in October, to the fourth Monday in December.
Which being read, and the sense of the Senate being had thereon,
the Senate agrees to recede from their amendment to said bill, and
Ordered, That the clerk transmit said bill to the House of Represent-
atives, and inform them therewith.
A message from the House of Representatives, by Mr. Mitchell, their
clerk:
Mr. Speaker : I am instructed to inform-the Senate that the House of
Representatives are now ready to receive them in their Hall, in accord-
ance with the provisions of a joint resolution heretofore adopted by both
Houses of this General Assembly, for the purpose of inaugurating the
Honorable James C. Jones, the Governor elect of the State of Tennes-
see.
And then he withdrew.
And on motion of Mr. Hardwicke,
The Speaker and gentlemen of the Senate repaired to the Hall of
the House of Representatives, and thereupon, the General Assembly
proceeded to the Methodist Church in the city of Nashville, where the
business of the day was opened with prayer by the Rev. A. L. P. Green.
His Excellency James K. Polk then delivered his valedictory.
Whereupon, the Honorable James C. Jones, the Governor elect in
and over the State of Tennessee, took an oath to support the Constitu-
tion of the United States, the Constitution of the State of Tennessee,
and the oath of office, and an oath prescribed by law, to prohibit duel-
ling, administered by the Honorable E. Dillahunty, one of the Judges
of the Circuit Courts of law for1 the State of Tennessee.
His Excellency James O.Jones, Governor of the State of Tennes-
see,then delivered his Inaugural Address in presence of both Houses
of the General Assembly, and a large number of his fellow-citizens
being present.
The ceremonies of the inauguration being closed by prayer, from the
Rev. Girard Van Buren, the two houses of the General Assembly re-
turned to the,Capitol in the order of procession assigned by the Joint
Select Committee.
The Speaker and gentlemen of the Senate to their chamber, and
The Speaker and gentlemen of the House of Representatives to their
Hall.
The Senate having returned to their Chamber, from the Inauguration
of his Excellency James C. Jones, the Governor elect of the State of
Tennessee, resumed jts session.
No. 12. The Senate then took up the consideration of abilltoamend
an act entitled u an act to authorise suits to be brought jointly against
the makers and endorsers of promissory notes and other instruments
which was read a second time and pa§j»d
THE SENATE.
79
On motion of Mr. Foster,
Said bill was referred to the Committee on the Judiciary.
No. 13. The Senate then took up the consideration of aubill to legal-
ise the payment of interest on open accounts in certain cases, and for
other purposes which was read a second time,
And on motion of Mr. Laughlin,
Was referred to the Committee on the Judiciary.
No 14. The Senate then took up the consideration of a bill, direeto-
ry to clerks, witnesses, and suitors, and to amend the law relative to wit-
nesses' attendance.
And on motion of Mr. Lahghlin, ,
Was referred to the Committee on the Judiciary.
The Senate then took up the consideration of the resolution of the
House of Representatives, that the Senate meet the House in their Hall,
■on Saturday the 16th inst., for the purpose of electing an Attorney
General for the first Solicitorial District; which being read,
When on motion of Mr. Powell,
It is ordered to be laid on the table.
The Senate then took up the consideration of the resolution adopted
by the'House of Representatives, proposing that the Senate meet the
House in their Hall, on the first Monday of November next, at 2 o'clock,
P. M., for the purpose of electing an Attorney General for the 10th Ju-
dicial Circuit.
Which being read, is concurred with.
Ordered, That the clerk acquaint the House therewith.
The Senate then took up the consideration of the resolution of the
House of Representatives, proposing that the Senate meet the House
in their Hall, on Wednesday the 10th of November next, for the pur-
pose of electing an Entry Taker in the Ocoee District.
Which on motion of Mr. Laughlin,
Was laid on the table.
The Senate took up thb consideration of the resolution of the House
of Representatives, proposing to meet the House in their Hall, on the
19th day of October, (inst.,) for the purpose of electing an Attorney
General for the fifth Solicitorial District.
Which being read,
Was laid on the table.
A message from the House of Representatives, by Mr. Mitchell, their
clerk:
Mr. Speaker : I am directed to inform the Senate, that the House
of Representatives have taken up the consideration of the resolution of
the Senate, proposing to meet the Houie in their Hall, on the 20(h inst..,
for the purpose of electing an Attorney General for the 5th Judicial
Circuit.
And then he withdrew.
On motion of Mr. Hardwicke,
The Senate adjourned until to-morrow morning, 9 o'clock.
t'O
JOURNAL OF
FRIDAY, October 15lh, 1841.
The Senate met agreeably to adjournment.
Mr. Speaker Turney presented the return of the census of the free
white male inhabitants in the county of Lawrence, of the age of twen-
ty-one years and upwards, taken under the act of the General Assem-
bly, passed 29th of January, 1840; which was ordered to be filed with
the report of the Secre ary of State, and entered upon his tabular state-
ment, in said report referred to.
Mr. Laughlin presented
" A bill to amend the law" now in force, in relation to administration
of the .estates of deceased persons which was read a first time and
passed.
And on motion of Mr. Laughlin-,
Was referred to the Committee on the Judiciary.
Mr. Gardner returned the resolution by him submitted on the 12th
instant, directory to the committee on Agriculture and Manufactures,
with the following, which he asks and is permitted to submit in lieu
thereof:
Resolved by the Senate of the General Assembly of the State of Ten-
nessee, That the committee on Agriculture and Manufactures be, and
they are hereby, instructed to enquire into the expediency of offering on
the part of the State, bbunties for the following articles, namely :
1st. For raw silk per pound, or'cocoons per bushel, as in the opin-
ion of said committee shall, be deemed most expedient, such silk or
cocoons to be the produce of the State.
2d. For silk fabrics manufactured within the limits of the State, from
raw materials,.the products of this State.
.Id. For wool per pound, the growth of this State.
4th. For all fabrics manufactured of wool within the limits of this
State, out of -wool the growth of this State.
5th. For all cotton fabrics now imported, or brought from other States,
and which enter exclusively into ths consumption of the citizens of this
State.
Resolved, That said Committee also be instructed to enquire into the
expediency of making some appropriation of money, out of the Trea-
sury of the State, to such Agricultural Societies in the State, as now
are, or may at any time hereafter, be organised for the purpose of pro-
moting the objects of said societies.
Resolved, That said Committee also be required to report upon the
propriety of endowing an Agricultural School in each of the grand di-
visions of the State, in which the science of agriculture, in all its de-
partments, shall be taught theoretically and practically, by competent
professors employed for that purpose, in connection with such other
sciences as are usually taught in the higher seminaries of learning in
this State.
Resolved, That said Committee have leave to report upon all th6 fore-
going subjects by hill or otherwise ; which being read, on motion of
Mr. Reneau, said resolution was laid on the table.
On motion of Mr. Ledbetter,
THE SENATE.
The Senate took up the consideration of the resolution, by him sub-
mittecl on the 12th instant, directory to the committee on Agriculture
and Manufactures, to inquire into the expediency of establishing, by
law, at Nashville and other places, a public Inspection of Tobacco,
and for the election of Inspectors by thetwo Jiouses of the General
Assembly. "
Which was laid on the table.
The Senate then took up the consideration of a resolution, submitted
by Mr. Laughlin, to raise a committee to report on the enumeration of
the free white male inhabitants of this State, and die apportionment of
representation in the General Assembly, according to the second article
of the Constitution of the State of Tennessee.
Which was laid on the table.
A message from the House of Representatives, by Mr. Mitchell,
their clerk:
Mr. Speaker: I am directed to inform the Senate that the House
of Representatives is now ready to receive the Senate in their Hall, for
the purpose of going into the election of an Attorney General in the
Third Judicial Circuit, agreeably to a joint resolution adopted by both
Houses of the General Assembly of the State.
And then he withdrew.
Whereupon, Mr. Speaker Turney, and gentlemen of the Senate, re
paired to the Hall of the House of Representatives, and said resolution
being read, and the amendment of the Senate thereto, made by the
Senate and concurred in by the House of Representatives, the two
Houses of the General Assembly of the State of' Tennessee proceeded,
viva voce, to elect an Attorney General for the Third Judicial Circuit.
When John T. Coffee, Bynum Jarnagin,Samuel Frazier, and Samuel
L. Childress, Esquires, were put in nomination.
Those gentlemen of the Senate who voted for Mr. Coffee, are
Messrs. Hardwicke, Laughlin, Martin, Matthews, Miller, Powell,
Ross, Warner, Waterhouse, and Mr. Speaker Turney, 10—and gen-
tlemen of the House of Representatives,, 25—in all 35.
Those of the Senate who voted for Mr. Jarnagin, are
Messrs. Ashe, Rradberry, Foster, Frey, Jennings, Ledbetter, Motley,
Peyton, Reneau, and Williams, 10—and gentlemen of the House of
Representatives, 21—in all 31.
Those of the Senate who voted for Mr. Frazier, are
Messrs. Gardner, Johnson, Maclin, and Sevier, 4—and gentlemen of
the House of Representatives, 20—in all 24.
Those of the Senate who voted for Mr, Childress, are
Mr. Nelson, 1—and gentlemen of the House of Representatives, 7—
in all &
The Speaker of the Senate declared that there was no electidn, and
put the question:
Shall the two Houses of the General Assembly proceed in the elec-
tion?
Which being decided in the affirmative, proceeded a second time,
vim voce, to elect; an .Attorney General in said Circuit; when Ma. Cliil
dress was tvhkdrav...
82
journal of
Those gentlemen of the Senate who voted for Mr. Coffee, are
Messrs. Hardwicke, Laughlin, Martin, Matthews, Milter, Powell,
Ross, Warner, Waterhouse, and Mr. Speaker Turney, JO—and gentle,
men of the Houx of Representatives, 21—in all 37.
Those of the Senate who voted for Mr. Jarnagin, are
"Messrs. Ashe, Bradberry, Foster, Frey, Motley, Peyton, Reneau,
Williams, 3—rand gentlemen of the House of Representatives, 28—in
all 36.
Those of the Senate who voted for Mr. Frazier, are
Messrs. Gardner, Jennings, Johnson, Ledbetter, Maclin, Nelson, ancl
Sevier, 7-—and gentlemen of the House of Representatives, 19—in all
26.
The Speaker of the Senate declared that there was no election, and
put the question:
Shall the two Houses of the General Assembly proceed in the elec-
tion of an Attorney General?
Which being decided in the affirmative, proceeded a third time, viva
r,Qce> to e7ect an A homey General in said Circuit.
Those Jeiitlemeil of the Senate who voted for Mr. Coffee, are
Messrs. Hardwicke, Laughlin, Maclin, Matthews, Miller, Powell,
Koss, Warper, Walerpouse? and Mr. Speaker Turney, 10—and gen-
tlemen of the House of Representatives, 27—in all 37.
Those Who voted for Mr. Jarnagin, are
Messrs. Ashp, Bradberry, Foster, Frey, Jennings^ Ledbetter, Motley,
Nebos., Peyton, Reneau, Sevier, and Williams, 12—and gentlemen of
tjie House of Representatives, 32—in all 44.
Those who voted for Mr. Frazier, are ^
Messrs. Gardner, Johnson, and Martin, 3—and gentlemen of the
House of Representatives, 15—in all 18.
The Speaker of the Seriate declared that there was no election, pnd
putthp puesliou:
Shall the two Houses of the General Assembly proceed in the elec-
tion of an Attorney General?
Which b.i g decided in the affirmative, proceeded a fourth time,
vim voc% to elect an Attorney General in said Circuit.
Those gentlemen of the Senate who voted for Mr. Coffee, are
Messrs. Har lwLke, Laughlin, Martin, Miller, Powell, Ross, War-
ner, Waterhouse, and Mr. Speaker Turney, 9—and gentlemen of the
House of Representatives, 27—in all 36.
Those oft ie Senate who voted for Mr. Jarnagin? are
Messrs. Ashe, Bradberry, Foster,, Frey, Jennings, Ledbetter, Motley,
Peyton, Reneau, and Williams, 10—and gentlemen of the House of
Representatives, 29^-in all 39.
Those of the Senate who voted for Mr. Frazier, are
l.ies-s j n- n ueu Johnson, Maclin, Mwtfhov/s, Nelson, and Sevier,
6—and & -IN nut the He r.t <T Represent .lives, 18 i i all 24.
Whoui "0 i the Sj o'ker oi *hc Senate declared hint tin re was no
teleeUo >, i hrt t<ot i ic qu, sbm: .
R,ir II i .jo U I j i - id oi he C t eiAssembly jno^ d m, the elec-
Tort of mi
THp SENATE, 83
f' A
• -,Which being decided in the'affirmative, * proceeded, a* fifth time, viva
voce, to elect an Attorney General in said Circuit. ■ ' '
.The gentlemen, of 'the Senate, who'voted for Mr. Coffee, are1 /
■Messrs. Hardwicke, Laughlin, Martin, Miller, Powell, Rosa, War-
ner, Waterhouse, and Mr. Speaker Turney, 9—and gentlemen of the
House of Representatives, 28—in all 37. ■ , ' ,
1 Those of. the Senate who yoted for Mr. Jarnagin, are
"Messrs. Ashe; Bradberry, Foster, Frey, Jennings, Ledbetter, Motley,.
Nelson,1 Peyton; Reneau, and Williams, 11—and gentlemen of the
House of Representatives, 31—in all 42. • • 11
Those of tiie Senate who voted for Mr." Frazier, are ' ' •
Messrs. Gardner, Johnson| Maclin, Matthews, and Sevier,. 5—and
gentlemen of the House of Representatives, 15—in all 20. '* *
. Whereupon the Speaker of the Senate declared that there was no
election,and put the question: , - ■ ^
• Shall the two Houses of the General Assembly proceed in the elocr
tion of an Attorney General?' > r
Which being decided in the'affirmative, proceeded a sixth time, viva
boce, to elect an Attorney General in said Circuit.
^ Those gentlemen'of 'the'Senate who voted for Mr. Coffee, are' '
Messrs. Hardwicke, Maclin, Martin, Matthews, Miller^ Powell, Rpss,1
Warner, Waterhouse', and Mr.-Speaker Turney! 10—and gentlemen of
tfreiHoiise of Representatives, 29—in all 39. .
'• Those of the Senate who voted for Mr. Jarriagin, are' 1 . . 1 ,
- Messrs.. Ashe; Bradberry, Foster, Frey, Jennings,( Ledbeite'fy Motley,.
Nelson, Peyton,^Reneau, Sevier, and Williams, 12—-and gentlemen, of
the House .of Representatives, 33—4h all 45. i . 1
-Those of the Senate who voted for Mr. Frazier, are' •, ' ;
Messrs; Gardner, Johnson; and Laughlin, 3—and gentlemen of the ,
;I louse of Representatives, 12—in all" 15. ' . ' ,
'. When Mr; Frazier.was withdrawn. r •'
The Speaker of the Senate declared that there was no election, and
pufthe question: . J .
Shall the two Houses' of the General Assembly proceed in the.', elec'-
tioh of an Attorney 'General? 1' . 1 . L , ;
, . Which being decided in the affirmative; when Mr. Sanmel'Frazigr
' and. Samuel ;L., -Childress were re-nominated, by gentlemen ■ of the.
^ XRfuse of Representatives, arid proceeded a, seventh time, viva, voce, to
elect an Attorney General for,said Circuit. . f ! \ i .
• Those genflemen of the Senate who voted for Mr, Coffee, .are: . .• <
Messrs. Hardwicke, Laughlin, Maclin, Martin, Miller, Powell, Ross,,
' Warner, Waterhouse, and Mr. Speaker Turney, 10—arid gentlemen,
off the House of Representatives, 17—in all 27. >
;;Those'of the Sehate who' voted for Mr; Jarnagin, are • ?
, 'Messrs. Ashe,1 Bradberry, FqsteR Frey,' Jennings, Ledbetter, Motley,
XJgyton^ Reneau, dnd Williams, 10—!and the '.House of Represents-..
.fives;,;29—in'all S9.A ,1 '. '* ''t •, ' •
< Those of . the Senate who voted for Mr. Frazier, ar.o • ' ' A ,
Messrs. Gardner, Johnson,"and. Matthews,', 3—and of ihe House of
; Reptd^tviivo^lT.:--- Hoi ' ' "
84
JOURNAL OF
Those of the Senate who voted for Mr. Childress, are
Messrs. Nelson and Sevier, 2—and of the House of Represents-
tives, 7—in all 9.
The Speaker declared that there was no election, and put the ques-
tion:
Shall the two Houses of the General Assembly proceed in the elec-
tion of an Attorney General ?
Which being decided in the affirmative, proceeded viva voce to elect
an Attorney General in said Circuit.
Those who voted (the eighth time) for Mr. Coffee, are
Messrs. Hardwicke, Laughlin, Miller* Powell, Warner, Waterhouse,
and Mr. Speaker Turney, 7—and those gentlemen of the House of
Representatives, 10—in all 17.
Those gentlemen of the Senate who voted for Mr. Jarnagin, are
Messrs. Ashe, Bradberry, Foster, Frey, Jennings, Ledbetter, Motley,
Peyton, Reneau, and Williams, 10—and the House of Representa-
tives, 31—in all 41.
Those of the Senate who voted for Mr. Frazier, are
Messrs. Gardner, Johnson, Maclin, Matthews, and Ross, 6—and.
gentlemen of the House that voted for Mr. Frazier, 30—in all 36.
Those of the Senate who voted for Mr. Childress, are
Messrs. Nelson, and Sevier, 2—and those of the House of Repre-
sentatives, 4—in all 6.
Whereupon, Mr. Childress was withdrawn.
The Speaker of the Senate declared that there was no election and
put the question: *■
Shall the two Houses of the General Assembly proceed in the elec-
tion of an Attorney General ? ,
Which being decided in the affirmative, proceeded a ninth time,vi-
va voce, to elect an Attorney General for said Circuit.
Those gentlemen of the Senate who voted for Mr. Coffee are
Messrs. Hardwicke, Laughlin, Miller, Powell, and Waterhouse, 5—
and the gentlemen of the House of Representatives, 8—in1 all 13.
Those of the Senate who Voted for Mr. Jarnagin, are
Messrs. Ashe, Bradberry, Foster, Frey, Jennings, heAhe' ter, Mot-
ley, Nelson, Peyton, Reneau, Sevier, and Williams, 12-—and gemis-
men of the XL >use of Representatives, 35—in all 47. |
Those of the Senate who voted for Mr. Frazier, are i
Messrs. Gardner, Johnson, Maclin, Martin, Matthews, Ross, War-
ner, and Mr. Speaker Turney, 8—and of the House of Represents-
tives 32—in ail 40.
Mr. Coffee was then withdrawn.
The Speaker of the Senate declared that there wag no election, ^.nd
put the question:
Shall the two Houses of the General Assembly proceed in the elec-
tion of an Attorney General ? \
Which being decided in the affirmative, proceed*
vtou, voce, to elect an Attorney General for said Ciiduit.
Those gentlemen of the Senate who voted for Mr,
d a tenth
Jarnagin, are
Bradberry, Foster, Frey, Jenningij, Ledbetter, Moi
THE SENATE
85
ley, Nelson, Peyton, Reneau, Sevier, Waterhouse, and Williams, 13—
and of the House of Representatives, 35—in all 48.
Those of the Senate, who voted for Samuel Frazier, are
Messrs. Gardner, Hardwicke, Johnson, Laughlin, Maclin, Martin,
Matthews, Miller, Powell, Ross, Warner, and Mr. Speaker Turney,
12—and those who voted for Samuel Frazier of the House of Repre-
sentatives are 40—in all 52.
Whereupon, the Speaker of the Senate declared that Samuel Fra-
zier was duly and constitutionally elected Attorney General for the
third Judicial Circuit for six years next ensuing..
Whereupon the Speaker and gentlemen of the Senate returned to
their chamber, anc| resumed their session.
When, on motion of Mr. Ledbetter,
The Senate adjourned untiL to-morrow moming 3 o'clock.
SATURDAY MORNING, Oct. 16th, 1841.
The Senate met pursuant to adjournment.
Mr. Foster from the committee on the Judiciary, made an unfavor-
able report on
A bill to amend an act, to re-organize the County Courts in this
State, passed December 3rd, 1835, ch. 6.
Referred to said committee, and recommended its rejection.
On motion of Mr, Powell, .
Said bill and report was laid on the table, and leave was given him
to withdraw said bill for amendment.
The Senate took up the consideration of
A bill to remove the seat of government from Nashville.
Which being read, Mr. Turney moved to fill the blank with Mc^
Minnville, Warren county—and the question being put,
( Shall the blank be filled with McMinnville, Warren county ?
The yeas and nays being demanded,
Those who voted in the affirmative were
Messrs. Gardner, Hardwicke, Johnson, Laughlin, Ledbetter, Mac-
lin, Martin, Miller, Powell, Ross, Warner, Waterhouse, and Mr.
Speaker Turney—13.
Those who voted in the negative were,
Messrs. Ashe, Bradberry, Foster, Frey, Jennings, Matthews, Mot-
ley, Nelson, Peyton, Sevier, and Williams—12.
So said motion prevailed.
Mr. Jennings moved to lay said bill on the table,
And the yeas and nays being demanded,
Those who voted in the affirmative are
Messrs. Ashe, Bradberry, Foster, Frey, Jennings, Motley, Nelson,
Peyton, Reneau, Sevier, and Williams—11.
Those who voted in the negative are
Messrs. Gardner, Hardwicke, Johnson, Ledbetter, Maclin, Martin,
Matthews, Miller, Powell, Ross, Warner, Waterhouse, and Mr. Speak-
er Turney—14.
So said motion was rejected,
8(5
JOURNAL OF
And, on motion of nr. Laughiin, said bill was read a second time
and passed.
Mr. Laughiin submitted a preamble and resolutions on Federal re-
lations ;
Which were read, and on motion of mi. Laughiin, leave was granted
him to withdraw said preamble and resolutions for amendment.
A message from the House by Mr. Mitchell their clerki
Mr. Speaker: The House of Representatives have adopted a reso-
lution that the Senate meet the House at their Hall, on Friday the 5th
of November next, for the purpose of electing an Attorney General for
the 8th Judicial Circuit.
The House of Representatives have also adopted a resolution that
the Senate meet the House at their Hall, on Wednesday the 27th inst.,
to go into the election of an Attorney General for the 4th Judicial Cir-
cuit, which is referred to the Committee on the Judiciary, and ask the
concurrence of the Senate therewith.
And then withdrew.
The Senate, on motion of Mr. Martin, took up the consideration of
the message from the House of Representatives proposing that the
Senate meet the House, in their Hall, on the 5th day of November
next, for the purpose of electing an Attorney General for the 8th Ju-
dicial Circuit,
Which being read, on motion of mi. Warner, was laid on the table.
The Senate, on motion of Mr. Johnson, took up the consideration of
the message from the House of Representatives, proposing to go into
the election of an Attorney General for the 1st Judicial Circuit,
Which being read, the Senate non-concur therein, and on motion of
Mr. Johnson, the word " sixteenth" is stricken out, and said resolution
amended by inserting therein the word "nineteenth,"
Which being read was accepted.
Ordered, That the Clerk transmit said resolution and amendment
to the House of Representatives, and ask their concurrence therein.
The Senate on motion of Mr. Peyton^ took up the consideration of
the message from the House of Representatives proposing to the Sen-
ate to go into the election of an Attorney General for the Fourth Ju-
dicial Circuit, on Wednesday the 27th inst.,
Which wbs read.
On motion of nr. Ross, was referred to the Committee on the Judi-
ciary.
A message from the House of Representatives, by Mr. Mitchell,
their clerk:
Mr. Speaker; I am directed by the House of Representatives, to
transmit to the Senate, No. 11, "A bill to amend an act passed in 1825,
chap. 52, for the correction of errors in grants."
And then he withdrew.
The Senate took up the consideration of a bill from the House of
Representatives, No. 11;
A bill to amend an act passed in 1825, chap. 52, for the correction,
of errors in grants.
Which was read a first time and passed.
THE SENATE.
87
Mr. Johnson introduced
A bill to provide for the payment of costs in prosecutions which havt
abated by the death of defendants."
Which was read a first time and passed.
On motion of Mr. Ledbetter,
Said bill was referred to the committee on Ways and Means.
Mr. Jennings presented the following communication and report of
the President of the Union Bank:
General Statement of the Union Bank of Tennessee and Branches.
October 1, 1841.
Union Bank op Tennessee,}
Nashville, Oct. 15, 1841. 3
Sir : I have the honor to transmit herewith a statement of the con-
dition of this Bank and its Branches at the close of the quarter ending
with the 30th ultimo.
Presuming at an early day the appropriate committees will make
their examinations, I need scarcely add that every facility shall be af-
forded by the officers of the Bank for that purpose.
I have the honor to be, very'respectfully,
Your obedient servant, .
JOHN M. BASS, Pres.
The Speaker of the Senate
of the State of Tennessee, Nashville.
RESOURCES.
Domestic Bills of Exchange,
Notes Discounted,
Bills Receivable,
Protested Bills,
Suspended Debt,
Stocks,
Due from Banks and Agents,
Real Estate—viz:
Banking Houses and Lots,
Received for Debt,
Suspense Account, (Robbery)
Cash on Hand—viz:
State and City Bank Notes,
Distant Bank Notes,
Gold and Silver,
3353,279 13
1,576,788 20
174,630 95
46,525 85-
71,323 56
504,183 93-
34,519 00
39,481 00
153,654 54-
-2,151,224 13
918,211 89
43,000 00
119,362" 49
575,507 49
18,754 00
227,654 54
Capital Stock paid in,
State Stock,
Due to Banks,
Due to Public Officers,
Bills Payable, ♦
State of Tennessee,
$4,053,714 54
LIABILITIES.
$1,990,804 00
646,600 00 2,637,404 00
65,543 83
5,424 70 70,968 53
7,450 00
2,698 96
ea
JOURNAL OF
Dividends unclaimed,
Contingent Fund,
Profits since 1st January,
Circulation,
Deposites and Deposite Certificates,
2,950 78
428,728 42
33,438 64 462,167 06
653,430 00
216,645 21
#4,053,714 54
Which communication and report were read,
. And on motion of Mr. Jennings, was referred to the committee on
Banks.
Ordered that fifty copies of said report be printed for the use of the
Senate.
The Senate took up the consideration on its second reading,
A bill to repeal the 9th section of chapter 68 of the acts of 1833.
Which being read, was, on motion of Mr. Nelson, laid on the table.
The Senate took up the consideration of
A bill to provide for and secure femes covert in the possession and
enjoyment of property.
Which was read a second time and passed,
And on motion of Mr. Laughlin, was referred to the committee on the
Judiciary.
Mr. Speaker Turney returned a certificate of the census of the free
white male inhabitants of the county of Dickinson, taken under the act
of 24th January, 1840.
Which was ordered to be filed with the report of the Secretary of
State.
A message from the House of Representatives, by sir. Mitchell, their
clerk:
Mr. Speaker: The Speaker of the House of Representatives has
signed an enrolled bill, entitled
An act to change the time of holding the term of tne Circuit Court of
Madison county, from the 4th Monday in October to the 4th Monday in
December, and for other purposes.
Passed 14th October, 1841.
Which enrolled bill was ordered to be transmitted to the Senate.
And then he withdrew. t
On motion of Mr. Nelson,
The Senate adjourned until Monday morning next, at 9 o'clock.
Mr. Maclin presented the report of the Farmers' and Merchants'
Bank of Memphis.
Which communication and report being read,
On motion of Mr. Maclin, was referred to the committee on Banks.
Mr. Laughlin returned the resolution by him withdrawn on Saturday
the 16th instant, on Federal Relations, without amendment, as follows:
Whereas, the General Assembly of the ancient Commonwealth of
MONDAY, October 18, 1841.
THE SENATE.
89
Virginia, on the 21st day of December, 1798, adopted many resolutions,
among which are the following, that is to say:
Resolved, That the General Assembly of Virginia doth unequivocal-
ly express a firm resolution to maintain the Constitution of the United
States, against every aggression, either foreign or domestic, and that they
will support the Government of the United States on all measures war-
ranted by the former.
That this Assembly most solemnly declares a warm attachment to
the Union of the States, to maintain which it pledges its powers, and
that for this end it is their duty to watch over and oppose every infrac-
tion of these principles, which constitute the only basis of their Union,
because a faithful observance of them can alone secure its existence
and the public happiness.
That the General Assembly doth explicitly and peremptorily declare,
that it views the powers of the General Government as resulting from ,
the compact to which the States are parties, as limited by the plain
sense and intention of the instrument constituting that compact,
and no further valid than they are authorised by the grants enumerated
in that compact; and that in case of a deliberate, palpable and danger-
ous exercise of other powers not granted by said compact, the States
who are parties thereto, have the right, and are in duty bound to inter-
pose for arresting the progress of the evil, and for maintaining, within
their respective limits, the authorities, rights and liberties appertaining
to them.
That the General Assembly doth also express its deep regret, that a
spirit has, in sundry instances, been manifested by the Federal Govern-
ment to enlarge its powers, by forced constructions of the constitu-
tional charter which defines them, and that indications have appeared
of a design to expound certain general phrases, (which having been
copied from the very limited grant of powers in the former Articles of
Confederation, were the less liable to be misunderstood,) so as to de-
stroy the meaning and effect of the particular enumeration, which ne-
cessarily explains and limits the general phrases, and'so as to consolidate
the States by degress into one sovereignty, the obvious tendency and
inevitable results of which would be to transform the republican sys-
tern of the United States into an absolute, or, at least, mixed Mon-
archy.
And, whereas, on the 10th and 13th days of November, 1798, cer-
tain resolutions were passed by the House of Representatives, and con-
curred in by the General Assembly ojf the State of Kentucky, one of
which -said resolutions is as follows, that is to say:
Resolved, That the construction applied by the General Government,
(as evinced by sundry of their proceedings,) to those parts of the Con-
stitution of the United States which delegates to Congress power to lay
and collect taxes, duties, imposts and 'excises, to pay debts and pro-
vide for the common defence and general welfare of the United States,
and to make all laws which shall be necessary and proper for carrying
into execution the powers vested by the. Constitution in the Govern-
- ment of the United States, or any department thereof, goes to the de-
struction of all the limits prescribe^ to their powers by the Constitu-
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JOURNAL OF
tion; that words meant by that instrument to be subsidiary only to the
execution of the limited powers, ought not to be so construed as them-
selves to give unlimited powers, nor apart so to be taken as to destroy
the whole residue of the instrument.
And, whereas, the General Assembly of the State of Tennessee hath
witnessed, Vith deep regret, a series of violations of the letter and
spirit of the Constitution of the United States, in .many of the mea-
sures of the Federal Government, during the late extra session of Con-
gress, similar in principle and tendency to the measures, policy and
principles of interpretation by the assumption of powers not granted
by the Constitution, against, which the States of Virginia and Ken-
lucky, in the year 179$, during the administration of mi*. John Addms,
entered their solemn protests, by the said resolutions above quoted;
and, whereas, the General Assembly of "the State of Tennessee,
most explicitly and cordially approves of the principles of govern-
ment and important truths contained in the said resolutions, and de-
claripg the present to be a fit and proper occasion for the expression of
an authoritative opinion in regard to the same, as well as upon certain
recent measures of the Federal Government—doth resolve as follows:
1. Resolved, That the General Assembly of the State of Tennessee,
doth hereby re-affirm and solemnly declare, that it doth concur in, ap-
prove and adopt as universally true at all times, and especially applica-
ble to the present crisis and state of affairs, the resolutions of Virginia
and Kentucky as#above set forth.
2. Resolved, That this General Assembly of the State' of Tennessee
protests against the act passed by Congress, at the late extra session,
commonly called the Bankrupt Bill,—viewing the same as inviting and
favoring voluntary and fraudulent bankruptcy,—leaving endorsers and
sureties bound to pay the debts of the principal where he shall become
a bankrupt, without any present or future recourse upon the person
or property which said bankrupt may afterwards acquire,—exempting
all property acquired subsequently, by taking an insolvent oath, from
liability to prior debts, and, from its provisions, favoring large dealers
and speculators; being out of the reach, except at an expense of time,
travel, and money which they cannot bear, of all poor, honest debtors,
who live remote from the places where the Federal Courts sit in the
several States.
3. Resolved, That this General Assembly views with decided dis-
approbation the act of Congress passed at the late extra session, com-
monly called the Tax Bill, imposing an increased and heavy tax on nu-
merous common necessarities of life, including Tea, Coffee, Salt, Su-
gar, and other articles, as it passed the House of Representatives, and
in which respect was but slightly modified in the Senate, that modifi-
cation extending to Tea and Coffee alone, and being carried against
the vote of Henry Clay, of Kentucky, who adhered by his vote in
that respect, to the bill as it passed the House, and which act contains
an unjust discrimination in the duty on iron, in favor of certain corpo-
rations.
4. Resolved, That this General Assembly utterly condemns, with-
out qualification, the act passed at the late extra session of Congress
TH£} SENATE.
91
called the loan Bill, creating a neyv National Debt, in time of peace,
with all foreign nations, of twelve millions of dollars, as being with-
out necessity, uncalled for by the public service, and contrary to the
true policy of Republican Government; and the General Assembly
equally condemns and enters its protest, in advance, against the policy
of the measure contemplated and avow'ed by Henry Clay, a Senator
from Kentucky, having for its effect the creation of an additional item
of National Debt, of sixteen millions by loan, to be authorised by act
to be passed at the next session of Congress, which if carried into ef-
feet, when added to the debt already created as above stated, will con-
stitute a new national debt of twenty-eight millions of dollars, equal to
about one-fourth of the whole debt created by the late war with Eng-
land.
5. Resolved, That this General Assembly, impelled by an imperi-
ous sense of public duty, feels bound to pretest against the act passed
at the late extra session* of Congress, concerning the public lands com-
monly called the Distribution Bill providing for the division of the
proceeds of the sales of the public} lands among the States in certain
proportions therein specified, as being unconstitutional in its provis-
ions, unequal in its operations, favoring some States at the expense of
others, and by abstracting the sum to be distributed from the Treasu-
ry, creating a necessity for an increase of taxes' through a tariff or by
direct taxation, to replace in the Treasury the sum so withdrawn and
distributed by means of which, it is believed the State of Tennessee
will be required to repay annually a much larger sum than she will
receive in distribution under said act.
6. Resolved, That this General Assembly decidedly disapproves of
the provisions of two successive bills, passed at the Jate Extra Session,
the one creating a Bank of the United States, and the other called the
Fiscal Corporation Bill, both of which were in the judgment of this
General Assembly, violatory of the Constitution, containing encroach-
ments on the rights of the States and the people, and they view the
veto of both said bills, successively interposed by the President of the
United States as wise, constitutional and patriotic acts.
7. Resolved, That this General Assembly doth hereby solemnly pro-
test against the vole of the House of Representatives, at the late Ex-
tra Session of Congress, abrogating the twenty first rule of said House,
carried by the united vote of the Abolition and Federal parties in
said House, by the repeal of which rule, abolition petitions and me-
morials, for tfie abolition of slavery in violation of the constitutional
rights of the people of the slave holding States, will obtain admission
and receive the Legislative action of Congress, in violation of lawful
and constitutional rights of property, a measure destructive of the
rights, and dangerous to the safety and domestic tranquility of the
people of the States in which domestic slavery lawfully exists.
8: Resolved, That this General Assembly condemns and protests
against the policy which induced the call of the late Extra Session of
Congress, as creating a large, unnecessary, and extravagent expendi-
ture of public money, the expense of Congress alone, at said Session,
being the sum of three hundred and seventy-six thousand, four hun-
92
JOURNAL OF
dred and twenty-seven dollars and sixty cents—And the total amount
of appropriations made at said session, being five millions and forty-
three thousand, seven hundred and five dollars and two cents, and re-
suiting in the before recited unjust, unwise and oppressive acts of Le-
gislation, fraught, as this General Assembly believes, with consequen-
ces dangerous to public liberty, end ruinous to the best interests of the
people.
9. Resolved, That the Governor be, and he is hereby directed to
transmit to each of the Senators and Representatives in Congress from
this State, copies of the foregoing resolution.
Which was read.
' On motion of Mr. Ashe,
It was ordered that fifty copies of said preamble and resolutions be
printed for the use of the Senate.
The Senate took up the consideration of
A bill to repeal the 9th section of chapter 68, of the acts of 1833.
Which was read a second time and passed.
The Senate took up the consideration of a bill from the House of
Representatives, entitled
A bill to amend an act passed in 1825, chapter 52, for the correction
of errors in grants.
Which was read a second time, and, on motion of Mr. Laughlin, said
bill was referred to the committee on the Judiciary.
On motion of Mr. Foster,
The Senate took up the condition of the report of the Inspectors
and agent of the Penitentiary,
Which report of the Agent of the Penitentiary was as follows:
[See Appendix, page 1.J
Mr. Foster moved that five hundred copies of the report of the In-
spectors and Agent of the Tennessee Penitentiary be printed—
When Mr. Martin moved to strike out " five hundred" and insert
" one thousand"—
And the sense of the Senate being had thereon, it was determined
that the words " five hundred" be stricken out g.nd " one thousand"
inserted in lieu thereof.
So said motion to strike out prevailed.
The question was then put:
Shall said reports be printed ?
It was determined in the affirmative—ayes, 21—noes, 3.
The ayes and nays being demanded,
Those who voted in the affirmative are :
Messrs. Ashe, Bradberry, Foster, Frey, Gardner, Hardwicke, Jen-
nings, Johnson, Laughlin, Maclin, Martin, Matthews, -Miller, Motley,
Powell, Ross, Sevier, Waterhouse, Warner, Williams, and Mr. Speak-
er Turney.
Those who voted in the negative are :
Messrs. Ledbetter, Nelson, and Reneau.
So said motion to print one thousand copies of said report prevailed.
Mr. Frey, from the committee on Enrolled Bills, reported that the
Committee had examined an enrolled resolution, " On claims of Ten-
THE SENATE.
93
nessee volunteers for horses and other property lost in the late Florida
war," and found the same to be truly enrolled;
When the Speaker signed said resolution, which was ordered to be
transmitted to the House of Representatives.
On motion of Mr. Laughlin,
The Senate took up the consideration of the report of the Comp-
troller of the Treasury.
Mr. Laughlin further moved, that said report be printed.
Mr. Ledbetter required that the motion of the Senator from Warren
be reduced to writing when presented.
When Mr. Laughlin presented the following:
That copies of the report of the Comptroller of the Treasury
be printed for the use of the Senate.
Mr. Ledbetter submitted the following, in lieu of Mr. Laughlin's mo-
tion:
Ordered by the General Assembly, that thousand copies of
the report of the Comptroller of the Treasury and Superintendent of
Public Instruction, be printed for the use of the members of the two
Houses of the General Assembly.
#Mr. Martin moved to lay the amendment offered by Mr. Ledbetter
on the table.
Which motion was sustained—ayes 12, noes 11.
The ayes and noes being demanded,
Those who voted in the affirmative are:
Messrs. Gardner, Hardwicke, Johnson, Laughlin, Maclin, Martin,
Matthews, Miller, Powell, Ross, Waterhouse, Warner, and nr.-Speaker
Turney—13.
Those who voted in the negative are:
Messrs. Ashe, Bradberry, Foster, Frpy, Jennings, Ledbetter, Motley,
Nelson, Reneau, Sevier, and Williams—11.
The question then recurred upon the motion of Mr. Laughlin, to print
said report, and the sense of the Senate being thereon had, it was de-
termined in the affirmative—ayes 14, noes 10.
The ayes and noes being demanded,
Those who voted in the affirmative are:
Messrs. Gardner, Hardwicke,] Jennings, Johnson, Laughlin, Maclin,
Martin, Matthews, snlicr, Powell, Ross, Warner, Waterhouse, and Wil-
liams—14.
The negative voters were:
Messrs. Ashe, Bradberry, Foster, Frey, Ledbetter, Motley, Nelson,
Reneau, Sevier, and Mr. Speaker Turney—10.
So said motion prevailed.
Mr. Laughlin moted that the blank in the motion by Iffin be filled
with the words, een hundred."
Which was determined in the affirmative—ayesx 14, noes 10.
The ayes and noes being demanded,
Those who voted in the affirmative are:
Messrs. Foster, Gardner, Hardwicke, Jennings, Johnsjn, Laughlin,
Maclin, Martin,Matthews, Miller, Powell, Ross, Warmer, Wuff'rhouse—
14.
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JOURNAL OF
■ Those who voted in the negative are: x
Messrs. Ashe,. Bradberry, Frey, Ledbetter, Motley, Nelson, Renean,
.Sevier, Williams, and mi\ Speaker Tumey—10. 'V • ,
So said motion was sustained. "
, Whereupon, it is ordered that fifteen hundred copies of the report of
the Comptroller of the Treasury be printed for the use of the Senate*
, Mr. Ledbetter submitted the following: .
1 Resolved, That a committee "of three 'on the part of the Senate, to
act with such committee as may be appointed on the part of the
House, |o wait upon his Excellency, James C. Jones, Governor of the
State of Tennessee, and inform him that the two Houses are ready to
receive any communication he may desire to make. V ;
Which being read, the rule requiring said resolution to lie one day on
1 the table, was suspended, and said resolution was adopted.
Ordered, that the clerk acquaint the House of Representatives there-
with, and ask their concurrence therein.
; Ordered, by the Speaker, that Messrs. Ledbetter, Foster, and Martin
be appointed a committee on, the part of the Senate, to act with such
committee as may be appointed by the House of Representatives, to
wait upon his Excellency, and inform him that the two Houses of the
General Assembly are ready to receive any communication he may
think fit to make. . , •' .
• A message from the House-of Representatives, by Mr. Mitchell, theii
clerk:' • h ; \
Ma. Speaker: The House of Representatives has adopted a reso-
lution that the. Senate meet the House in their Hall, on Saturday the
23d day of October, 1841, for the purpose of electing two Senators to
the Congress of the United States—one in the place of, the Hon. Felix
Grundry, deceased, and the oiher for six years from the 4th of March
last—and ask the concurrence of the Senate therein., ,
And then he'withdrew. ,
On motion of Mr. Hhrdwicke, ,
The Senate adjourned until 2 o'clock. ,
evening session.
Tim'Senate met pursuant to adjournment.
, Mr. Jennings, presented a communication from the Hon. Thomas
Maney, one of the Judges of the Circuit Courts of Law in the State of
Tennessee, touching the duties by him performed as one of the Judges
of said Court. - , V
Which, on motion of Mr. Jennings, was referred to the committee on
the Judiciary. ' . ' v <
Mr. Nelson introduced • , ' . .
A bill to.amend the law for the collection - of corporation, taxes, in
the town of Knoxville. ■ ' s;
Which was read a first time and passed. 4 ' .
. The Senate,, on motion of Mr. Mac Jin,- took up, the consideration oi
k vxWhom .of InArucho::; and request' to ouv SWaaa ad Repre-
THE SENATE.
95
sentatives in the Congress of the United States, on the subject of the
American Tobacco interest. • .,1
Which being considered; on motion of Mr, Maclin,
Ordered, that one hundred copies of said resolution be printed for
the use of the Senate.- . ' .
Mr. Gardner'introduced •
A bill to amend the act of 1831? chapter 28, appointing a Geologist
and Assayer for the State.' . , '
, ' Which was read a first time and passed.
A message from the House of Representatives, by Mr. Mitchell, their
clerk.
; Mr. Speaker: The House of Representatives have taken up and
considered a resolution adopted by the Senate, proposing to appoint a
joint committee to wait upon his Excellency, James Cf Jones, Cover-'
nor of the State of Tennessee, and inform him that both Houses of this
General Assembly are ready to ^receive any communication he may
think proper to make, and have concurred therein, and have appoint-
ed Messrs. Dew, Rowles, Miller, Wester, and Polk of Obion, said com-
mittee on part of the, House. , , '
And then he withdrew.
Mr. Ledbetter, from the committee appointed to wait upon his Ex-
cellency, James C. Jones, Governor of the State of Tennessee, beg(
leave to report, that the committee have performed the duty assigned
them, and had received for answer, from his Excellency, that he would,
on to-morrow at 10 o'clock, deliver his message in writing to both
Houses of the General. Assembly. ■ ' > '
Mr. Foster introduced „
A bill to amend the act of 1831, chapter 119.
Which was' read a first time and passed.
On motion of Mr. Ross,
The Senate adjourned until to-morrow morning, 9 o'clock;
TUESDAY 19th Oct., 1841.
, A message from the House of Representatives by Mr. Mitchell, their
Clerk: . . ' , ^ ;
> Mr. Speaker; The House of Representatives concur in the Senate's
amendment to the Resolution of the House of Representatives, rela-
ting to election of &n Attorney General for the' first Solicitorial Dis
trict. . ' ;
• And then he' withdrew.
Mr. Warner, presented - a petition of thirty-six voters of Lincoln
county, praying a repeal of the Tipling Law. ■
, Which being- read,' was ordered to be transmitted fo the House of
'Representatives. ' ' , • '• '■ ■ -
• A message, from the House of Representatives by Mr,. Mitchell, their
Clerk: . , „ b (
• -Mr. Speaker, rl be report of the Bank of Tenncsrob was read in
the House cf Rer >rcseiitatires,Vhkh, by order ;of the House, d here-
with transmit to the Suae to.
96
JOURNAL OF
And then he withdrew.
Mr. Foster, from the committee on Judiciary, reported
A bill to compel the Chancellors for the Middle and Western divis-
ions of Tennessee to interchange riding in certain cases.
Accompanying said bill is the following amendment to the 2nd sec-
tied thereof:
"And the Chancellor of the Western Division shall hold as many
Courts m the Middle Division as by this act is required of the Chan-
cellor of the Middle Division to be holden in the Western Division."
And recommended its passage.
And said bill and amendment was read a second time and passed.
Mr. Foster from the Committee on the Judiciary reported
A bill to amend an act entitled, "an act to provide for the probate
and registration of deeds and other instruments," passed December,
1831, chapter 90—with the following amendment.
" Sec. 6. Be it enacted, That the Register shall be entitled to
charge twelve and a half cents as a fee for performing the additional
duties required of him by the provisions of this act, on each instru-
ment he may hereafter note."
And recommended its passage.
And, on motion of Mr. Ledbetter,
The Senate took up the consideration of said amendment, and the
sense of the Senate being had thereon, said amendment was rejected.
The question then recurred on the passage of the bill,
* Which being read a second time was passed.
Mr. Foster from the Committee on the Judiciary reported
A bill to repeal the third and fourth sections of the act of 1811,
chapter 113.
And recommended the rejection of said bill,
Which was read a third time and rejected.
Mr. Foster from the Committee on the Judiciary reported
- A bill to legalize the payment of interest on open accounts, in cer-
tain cases, and for other purposes ;
And reports that he is directed by the committee to recommend the
rejection of said bill.
Which being read a third time, was laid upon the table.
John S. Young, Esq., Secretary of State, communicated a message,
in writing, from his Excellency James C. Jones, Governor in and over
the State of Tennessee.
Which was read at the Clerk's table.
On motion of Mr. Nelson,
Ordered, That five thousand copies of said message be printed for
the use of the Senate.
The Senate resumed the consideration of a bill to legalize the pay-
ment of interest on open accounts in certain cases, and for other pur-
poses, with the report of the chairman of the committee on the Judi-
ciary, recommending die rejection of said bill.
Which being read a third time, and the sense of the Senate being
had,said bill'was rrject'.d.
, On motion of Mr. Ledbetter.
THE SENATE.
97
The Senate took up the consideration of a resolution by him submit-
ted, that the General Assembly appoint a joint select committee to ap-
portion the representation in the Senate and House of Representatives
for the ensuing ten years.
Which being read,
Mr. Laughlin moved that said resolution be rejected, and that the
Senate take up the consideration of a resolution by him submitted on
the 13th instant, to raise a committee to report of the enumeration of
the free white male inhabitants of this State, and the apportionment
of representation in the General Assembly* according to the second ar-
tide of the Constitution bf the State of Tennessee.
When, on motion of Mr. Martin,
The Senate adjourned until 3 o'clock, p. m.
evening session.
A message from the House of Representatives, by Mr- Mitchell, their
clerk.
Mr. Speaker : The House of Representatives is now ready to re-
ceive the Senate in their Hall, for the purpose of going into an election
for Attorney General for the First Judicial Circuit.
And then he withdrew.
Whereupon, the Speaker and gentlemen of the Senate repaired to
the Hall of the House of Representatives, for the purpose of electing an
Attorney General for the First Judicial Circuit, in accordance with a
joint resolution of both Houses of the General Assembly.
The said resolution being read, the Speaker of the Senate ^put the
question:
Shall the General Assembly proceed in the election of an Attorney
General for the First Judicial Circuit?
Which being determined in the affirmative,
When Mr. Williams, of Carter, nominated Thos. A. R. Nelson, and
Mr. Campbell, of Washington, nominated John M. Brabson, as candi-
dates for said office.
Whereupon, the General Assembly proceeded, viva voce, to elect an
Attorney General for the First Judicial Circuit.
Those gentlemen of the Senate who voted for Thomas A. R. Nel-
son, are:
Messrs. Ashe, Bradberry, Foster, Frey, Jennings, Ledbetter, Martin,
Motley, Nelson, Peyton, Reneau, Sevier, Waterhouse, Williams, and
Mr. Speaker Turney, 15—and 40 gentlemen of the House of Repre-
sentatives for said Nelson.—making on joint vote, 55.
Those gentlemen of the Senate who voted for John M. Brabson,
are:
Messrs. Gardner, Hardwieke, Johnson, Laughlin, Martin, Matthews,
Miller, Powell, Ross, and Warner, 10—those gentlemen of the House ol
Representatives who voted for said Brabspn were 33—making on joint
vote of both Houses, 43.
Whereupon, the Speaker of the Senate declared that Thomas A. R.
Nelson, Esquire, was duly and constitutionally elected Attorney Gen-
7
JOURNAL OF
eral for the First Judicial Circuit, for six years from the lltli February
next.
Whereupon, The Speaker and gentlemen of the Senate retired from
the Hall of the House of Representatives, and returned to their Cham-
ber and resumed their Session.
The Senate again took up the consideration of the resolution sub-
mitted by Mr. Ledbetter, proposing that a joint select committee be
appointed to apportion the representation in the Senate and House of
Representatives for the ensuing ten years—and the question being put •
Shall said resolution be adopted?
Was determined in the negative—ayes 12, noes 13.
The ayes and noes being demanded,
Those who voted in the affirmative were :
Messrs. Ashe, Bradberry, Foster, Frey, Jennings, Ledbetter, Mot-
ley, Nelson, Peyton, Reneau, Sevier, and Williams—12.
Those who voted in the negative were :
Messrs. Gardner, Hardwicke, Johnson, Laughlin, Maclin, Martin,
Matthews, Miller, Powell, Ross, Warner, Waterhouse, and Mr. Speak-
er Turney—13.
So said resolution was rejected.
On motion of mi*. Laughlin,
The Senate took up the consideration of a resolution by him sub-
mitted, proposing to raise a committee to report of the enumeration of
the free white male inhabitants of this State, and the apportionment
of representation in the General Assembly, according to the second ar-
tide of the Constitution of the State of Tennessee.
Which being read, Mr, Laughlin moved the adoption of said reso-
lution.
The ayes and noes being demanded by Mr. Ledbetter,
Those who voted in the affirmative were :
Messrs. Gardner, Hardwicke, Johnson, Laughlin, Maclin, Martin,
Matthews, Miller, Powell, Ross, Warner, Waterhouse, and Mr. Speak-
er Turney—13.
Those who voted in the negative were:
Messrs. Ashe, Bradberry, Foster, Frey, Jennings, Ledbetter, Mot-
ley, Nelson, Peyton, Reneau, Sevier, and Williams—11.
So said resolution was adopted.
Mr. Speaker Turney appointed Messrs. Ashe, Laughlin, Nelson,
Johnson, Frey, Warner, and Maclin of said committee.
Mr. Gardner introduced
A bill to provide for the payment of certain public charges.
Which was read a first time and passed. ,
Mr. Hardwicke moved to refer said biU to the committee on the Ju-
diciary.
Which motion he afterwards withdrew*.
The Senate took up the consideration of
A bill to amend the laws for the collection of corporation taxes in
the town of Knoxville.
Which was read a second time and passed.
Mr Martin moved the Senate that said bill be referred to the com-
THE SENATE
mittee on the Judiciary; and the sense of the Senate thereon being
taken,
Said motion to refer was rejected.
The Senate took up the consideration of
A bill to repeal the 9th section of chapter 68 of the acts of 1833.
Was read'a third time, and the question, being put:
Shall said bill pass ?
When, the ayes and noes were constitutionally demanded.
Those who voted in the affirmative were :
Messrs. Frey, Gardner, Hardwicke, Jennings, Laughlin, Ledbetter,
Martin, Miller, Nelson, Powell, Sevier, Williams, and Mr. Speaker
Turney—13.
Those who voted in the negative were:
Messrs. Ashe, Bradberry, Johnson, Maclin, Matthews, Motley, Pey-
ton, Reneau, Ross, Warner, and Waterhouse—-llr
And so said bill was passed.
Which was ordered to be engrossed and transmitted to the House
of Representatives.
Mr. Waterhouse introduced
A. bill to establish a branch of 'the Bank, of Tennessee at Chatta-
nooga, in the county of Hamilton-
Which was read a first time and passed,
And, oh- motion of Mr. Warner,
Said bill was referred to the committee on Bank?.
Mr. Speaker Turney presented a memorial of the State Agricultu-
ral Society praying amongst other, things, "to grant a charter incorpo-
rating the Tennessee Agricultural Society, and for other purposes,"
Ordered, That said memorial be referred to the Committee on Agri-
culture and Manufactures.
The Senate took up the consideration of
A bill to remove the seat of government from Nashville.
Which, on motion of. Mr. Laughlin, was laid on the table.
The Senate took up the consideration of
A bill to amend the act of 1831, chapter 28, appointing a Geologist
and Assayer for the State..
Which, on motion of Mr. Gardner, was laid on the table.
The Senate took up the consideration of
A bill to amend the act of 1813, chapter 119.
Which was, on motion .of Mr.- Martin, laid on the table-
The Senate then took up the resolution from, the House of Repre-
sentatives proposing that the Senate meet the House of Representa-
tives in their Hall, on Wednesday the 10th day of November next,
for the purpose of electing an Entry Taker in the Ocoee" District.
Which being read was concurred with.
Ordered that the Clerk acquaint the Senate therewith.
The Senate took up the consideration of a resolution adopted by
the House, of Representatives, proposing that the Senate meet the
House of Representatives at their Hall, on Friday the 5th day of No-
vember, for the purpose of electing an Attorney General in the 8tL
Judicial Circuit.
too
JOURNAL OF
Which being read, was, on motion of Mr. Warner, laid on the ta-
ble.
On motion of Mr. Gardner,
The Senate took up the consideration of the Senate's resolution, cli-
rectory to the Committee on Agriculture and Manufactures, and mov-
ed the adoption of said resolution.
And the yeas and nays being demanded by Mr. Warner, on its
adoption,
Those who voted in the affirmative are :
Messrs. Ashe, Bradberry, Frey, Gardner, Hardwicke, Jennings,
Johnson, Laughlin, Ledbetter, Maclin, Martin, Miller, Motley, Nelson,
Peyton, Powell, Reneau, Sevier, Williams, and Mr. Speaker Turney—
20.
Those who voted in the negative are :
Messrs. Matthews, Ross, Warner, and Waterhouse—4.
So said motion was adopted.
The Senate took up the consideration of a resolution of the House
of Representatives proposing that the Senate meet the House in their
Hall, on Saturday the 23rd inst., for the purpose of electing two Sen-
ators to the Congress-of the United States, one in the place of the
Hon. Felix Grundy, dec'd., and the other for the space of six years
from the 4th of March last.
Which was read, and on motion of Mr. Turney, was laid on the ta-
ble.
[For report of the Bank of Tennessee see Appendix.]
Ordered, That said report, with the accompanying statement, be re-
ferred to the Committee on Banks.
On motion of Mr. Ashe,
The Senate adjourned until to-morrow morning, 9 o'clock.
WEDNESDAY, October 20, 1841.
Mr. Ledbetter, Chairman of the Joint Select Committee, on part ol'
the Senate, to tivhom had been referred the report of the Secretary of
State on proposals made for the printing of the Laws and Journals,
and the joint job printing of both Houses of the General Assembly the
present session, by the joint resolution of the Senate and "House of
Representatives, made his report as directed by said Joint Select Com-
raittee, in the following form:
The Joint Select Committee, to whom was referred the Report of
the Secretary of State, with the accompanying proposals, for the print-
ing of the laws and Journals of the General Assembly, made in pur-
sua nee of the act of 19th February, 1836, have hud the subject under
consideration, and have instructed us to report to the two Houses the
several proposals that have been submitted. Some of which are for
printing both the Laws and Journals, and others for printing the Jcur-
nals only.
The proposals are as follows, to-wit:
William F. Bang& Co., C. C. Novell, James C Moses, and J. M
THE SENATE.
101
& J. B. Roseborough, J. G. Harris, and Cameron & Fall: for compo-
sition $1,00 per thousand ems, for press work $1,00 per token.
The bid of Bang & Co., Norvell, Moses, and Roseboroughs being a
joint one.
B. G. Eastman and James Williams each for composition 75 cents
per 1000 ems, for press work 75 cents per token.
P. M. Neill & Co., for composition 73 cents per thousand ems, press
work 73 cents per token.
A. W. Elder, for composition 68 cents per thousand ems, for press
work 68 cents per token.
Donald Cameron, for composition cents per thousand ems, for
press work 62£ cents per token.
In each case for rule or figure work, 50 per cent to, be added, for
jule and figure work 100 per cent to be added. Binding and stitching
the amount of the Binder's Bill.
The Committee recommend that the printing of the Journals of
both Houses, be given to Donald Cameron upon the terms proposed
by him, being less than the bid of any other person, upon his entering in-
to bond and security for the* faithful performance of his duty, accor-
ding to law. The question whether the State will furnish the paper,
or allow the printer to do it at 1Q per cent upon cost, for wastage, is
reserved for a future Report.
The Committee have still under consideration the- proposals for
printing the public acts, and also the proposals for the joint job print-
ing, and which are also reserved for a future report
All of which is respectfully submitted.
WM. LEDBETTER, Chairman
of Com. on part of the Senate*
EDWIN H. EWING, Chairman
of Com. on part of the House of Representatives.
Which being read, Mr. Johnson moved that said report and the ac-
companying documents therein referred to, be re-committed to said
Committee, with the following instructions.
That the report from the Committee on the public printing be re-
committed to the Committee with instructions to report to the two
Houses, the precise bids of each printer, or company of printers
showing the particular work bid for by each, as to kind and quantity,
and the price for each, and also to report the lowest average price for
which the laws and journals are offered to be printed.
Ts\x. Foster proposed the following amendment, to insert the words,
"or either of them" at the end of said proposition to re-commit with
instructions to said Committee.
Which amendment was adopted.
Mr. Nelson moved the following amendment to said instructions:—
"And that the committee be instructed to receive sealed proposals,
until to-morrow evening, 4 o'clock."
Which being read, was accepted.
Mr. Reneau moved that the whole of the proceedings be laid on
the table,
102
journal of
And the sense of the Senate being had thereon, said motion was re-
jected.
The question then recurred on re-committing said report to the
Joint Select Committee on printing, with the instructions offered by
Mr. Johnson and amended on motion of Messrs. Foster and Nelson.
Which was decided in the affirmative—ayes, 13—nays, 12.
The ayes and noes being-demanded,
Those who voted in the affirmative are:
Messrs. Gardner, Hardwicke, Johnson, Laughlin, Maclin, Martin,
"Matthews, Miller, Powell, Ross, Waterhouse, Warner, and Mr. Speaker
Turney—13.
Those who voted in the negative are:
Messrs* Ashe, Bradberry, Foster, Frey, Jennings, Ledbetter, Motley,
Nelson, Peyton, Reneau, Sevier, and Williams—12.
So said report, with instructions, was recommitted to the Joint Se-
lect Committee on Printing.
Ordered, That the same be transmitted to the House of Representa-
tives.
Mr. Reneau moved that the Senate do now take up the message-
from the House of Representatives, asking the concurrence of the
Senate, with a resolution adopted by the House, proposing to go into
an election for two Senators in the Congress of the United States from
the State of Tennessee.
The ayes and noes being demanded thereon by Mr. Turney,
Those who voted in the affirmative are:
Messrs. Ashe, Bradberry, Foster, Frey, Gardner, Jennings, John-
son, Laughlin, Maclin, Martin, Matthews, Miller, Motley, Nelson,
Peyton, Powell, Reneau, Sevier, Waterhouse, and Williams—32.
The negative "voters were:-
Messrs. Hardwicke, Warner, and Speaker Turney—3.
• So said resolution was taken up.
The Senate then took up the consideration of a resolution from the
House of Representatives, proposing that the Senate meet the House
in their Hall, on Saturday the 23rd inst., for the purpose of electing
two Senators in the Gongress of the United ^States, one in the place of
the Hon. Felix Grundy, dec'd., and the other for six years from the
4th March last.
Mr. Ashe moved to strike out of said resolution "23rd" and insert
in lieu thereof, "Thursday the 28 th."
When Mr. Johnson moved a division of the question,
Which was rejected.
The sense of the Senate was then had upon the amendment pro-
posed by Mr. Ashe, and said amendment was rejected.
Mr. Foster moved that the Senate do now adjourn until the usual
hour.
Which motion was also rejected.
The question then recurred upon the concurrence with said resolu-
tion.
The ayes and noes deing demanded,
Those who voted in the affirmative were;
th£ senate.
Messrs. Ashe, Bradberry, Foster, Frey, Jennings, Ledbetter, Motley,
Nelson, Peyton, Reneau, Sevier, and Williams—12.
Those who voted in the negative were:
Messrs. Gardner, Hardwicke, Johnson, Laughlin, Maclin, Martin,
Matthews, Miller, Powell, Ross, Waterhouse, Warner, and Mr. Speak-
er Turney—13.
So said resolution was non-concurred with.
Ordered, that the clerk acquaint the House of Representatives there-
with.
On motion of Mr. Ashe,
The Seriate adjourned until 2 o'clock, p. m.
EVENING SESSION.
A messenger from the House of Representatives was admitted with-
in the bar of the-Senate, and informed the Speaker that the House
was ready to receive the Senate m its Hall to go into the elections for
Attorney General in the 5th and 9th Judicial Circuits, in accordance
with the resolutions adopted by the Senate and concurred with by the
House.
Whereupon, Mr. Speaker Turney and gentlemen of the Senate re-
paired to the Hall of the House of Representatives.
Whereupon, the resolution adopted by the Senate and concurred
with by the House of Representatives, to elect an Attorney General
for the 5th Judicial Circuit, being read, Mr. Speaker Turney put the
question:
Shall the General Assembly, in joint convention met, proceed to the
election of an Attorney General for the 9th Judicial Circuit ?
Which was determined in the affirmative.
When Mr. Copeland nominated James T. Dunlap, and Mr. Mitchell
nominated John W. Crockett, as candidates for said office.
Whereupon, the General Assembly, in convention assembled, pro-
ceeded, viva voce, to elect an Attorney General for the 9th Judicial Cir-
cuit.
Those geritlemen of the Senate who voted for John W. Crockett,
were:
Messrs. Ashe, Bradberry, Foster, Frey, Jennings, Ledbetter, Mot-
ley, Nelson, Peyton, Reneau, Sevier, and Williams, 12—and gentlemen
of the House of Representatives who voted for John W. Crockett,
were 40—making in all 52.
Those gentlemen of the Senate who voted for James T. Dunlap, were:
Messrs. Gardner, Hardwicke, Johnson, Laughlin, Maclin, Martin,
Matthews, Miller, Powell, Ross, Warner, and Speaker Turney, 12—
and gentlemen of the House of Representatives who voted for James
T. Dunlap, were 33—making in all 45.
Mr. Waterhouse of the Senate, voting for Mr. Frazier—L
Whereupon, the Speaker of the Senate declared that John W. Crock-
ett, Esq., was duly and constitutionally elected Attorney General for
the 9th Judicial Circuit in the State of Tennessee, for six years next
ensuing.
104
JOURNAL OF
The resolution adopted by the Senate and concurred in by the House
of Representatives, to elect an Attorney General for the 5th Judicial
Circuit, being read, Speaker Turney put the question:
Shall the General Assembly, in joint convention assembled, proceed
to the election of an Attorney General for the 5th Judicial Circuit?
Which being determined in the affirmative,
When Mr. Hopkins nominated D. M. Currin, Mr. Long nominated
Burgess H. Payne, Mr. Mitchell nominated Hugh L. Davidson, Mr.
Motley nominated Alfred Williamson, and Mr. Ashe nominated Thos.
Taylor, as candidates for said office.
Whereupon, the General Assembly, in convention met, proceeded,
viva voce, to elect an Attorney General for the 5th Judicial Circuit ?
Those of the Senate who voted for Mr. Currin, were:
Messrs. Hardwicke, Johnson, Laughlin, Maclin, and Matthews, 5—
those of the House who voted for Mr. Currm, were 20—making in all
25.
Those of the Senate who voted for Mr. Davidson, were:
Messrs. Bradberry, Martin, Reneau, and Sevier, 4—those of the
House of Representatives who voted for Mr. Davidson, were 20—
making in all 24.
Those of the Senate who voted for Mr. Payne, were:
Messrs. Gardner, Miller, Powell, Ross, and Warner, 5—those of the
House of Representatives who voted for Mr. Payne, were 13—making
in all 18.
Those of the Senate who voted for Mr. Williamson, were;
Messrs. Motley, Peyton, and Speaker Turney, 3—those of the
House who voted for Mr. Williamson, 10—making in all 13.
Those of the Senate who voted for Mr. Taylor, were:
Messrs. Ashe, Foster, Frey, Jennings, Ledbetter, Nelson, Water-
house, and Williams, 8—those of the House of Representatives who
voted for Mr. Taylor, were 10—in all 18.
Neither of the candidates having a majority of all the votes cast in
said convention, the Speaker of the Senate declared that there was no
election, and put the question :
Shall the convention proceed in the election?
Which being determined in the affirmative,
The Convention of both Houses of the General Assembly proceed-
ed, a second time, viva voce, to elect an Attorney General for the 5th
Judicial Circuit.
Those of the Senate who voted for Mr. Currin were:
Messrs. Gardner, Hardwicke, Johnson, Laughlin, Maclin, and Mat-
thews, 6—also, the votes of 22 Representatives—making in all 28.
Those of the Senate who voted for Mr. Davidson were:
Messrs. Bradberry, Martin, Reneau, and Sevier, 4—also, 20 votes of
the House of Representatives—making in all 34.
Those of the Senate who voted for Mr. Williamson were:
Messrs. Motley, Peyton, and Mr. Speaker Turney, 3—also 10 votes
of the House of Representatives, making in all 13.
Those of the Senate who voted for Mr. Payne were :
THE SENATE
105
Messrs. Miller, Ross and Warner, 3—those of the House 10 votes,
making in all 13 votes.
Those of the Senate who voted for Mr. Taylor were:
Messrs. Ashe, Foster, Frey, Jennings, Ledbetter, Nelson, Waterhouse
and Williams, 10—also ten votes of the House of Representatives—
making in all 18.
Neither of the candidates having a majority of all the votes cast in
said convention, the Speaker of the Senate declared that there was no
election, and put the question:
Shall the convention proceed in said election ? .
Which being determined in the affirmative, the Senate and House of
Representatives proceeded a third time viva voce, to elect an Attorney
General for the 5th Judicial Circuit.
Those of the Senate who voted for Mr. Curren were:
Messrs. Gardner, Hardwicke, Johnson, Laughlin, Myelin, Matthews
and Miller, 7—also 23 votes of the House of Representatives—in all
making 30 votes.
Those of the Senate who voted for Mr. Davidson were:
Messrs. Bradberry, Martin, Reneau and Sevier, 4—also* 22 votes in
the House of Representatives—making in all 26 votes.
Those of the Senate who voted for Mr. Payne were:
Messrs. Ross, Warner and Speaker Turney, 3—and 7 votes in the
House of Representatives—in all 10.
Those of the Senate who voted for Mr. Williamson were:
Messrs. Motley and Peyton, 2—and of the House of Representatives
11—in all 13,
Those of the Senate who voted for Mr. Taylor were:
Messrs. Ashe, Foster, Frey, Jennings, Ledbetter, Nelson, Powell,
Waterhouse and Williams, 9—and of the House of Representatives 9
—in all 18.
Neither of the candidates having a majority of all the votes cast in
said convention, the Speaker of the Senate declared that there was no
election, and put the question:
Shall the convention proceed in said election ?
Which being determined in the affirmative, the convention proceed-
ed a fourth time, viva voce, to elect an Attorney General for the 5th
Judicial circuit, when:
Mr. Payne was withdrawn.
Those of the Senate who voted for Mr. Currin were:
Messrs. Gardner, Hardwicke, Johnson, Laughlin, Maclin, Matthews,
Miller and Speaker Turney, 8—and 31 votes in the House of Repre-
sentatives-—making in alL 39 votes.
Those of the Senate who voted for Mr. Davidson were:
Messrs. Bradberry, Martin, Reneau, Ross, Sevier and Warner, 6—
Mr. Davidson received in the House of Representatives 23 votes-—
making in all 29 votes.
Those of the Senate who voted for Mr. Williamson were:
Messrs. Motley and Payne, 2—mi*. Williamson also received in the
House 8 votes—making in all 10 votes. *
Those of the Senate who voted for mi*. Taylor were:
106
JOURNAL OF
Messrs. Ashe, Foster, Frey, Jennings, Ledbetter, Nelson, Powell,
Waterhouse and Williams, 9—Mr. Taylor received in the House of
Representatives 10 votes—making in all 19 votes.
Neither of the candidates having a majority of all the votes cast in
said convention, the Speaker of the Senate declared that there Was no
election, and put the question:
Shall the convention proceed in said election ?
Which being determined in the affirmative, the convention proceeded
a fifth time, vive voce, to elect an Attorney General for the 5th Judi-
cial circuit:
When Mr. Payne was re-nominated a candidate for said office.
Those of the Senate who voted for Mr. Currin were:
Messrs. Gardner, Hardwicke, Johnson, Laughlin, Matthews, Mac-
lin and Miller, 7—also 23 votes of the House of Representatives—in
all 30.
Those of the Senate who voted for Mr. Davkjson were:
Messrs. Bradberry, Martin, Motley, Nelson, Peyton, Reneau, Ross,
Sevier, Warner and Williams, .10—also 27 votes in the House of Rep-
resentatives—in all 37 votes.
There were given for Mr. Payne in the House of Representatives, 9
votes.
Those of the Senate who voted for Mr. Taylor were:
Messrs. Ashe, Foster, Frey, Jennings, Ledbetter, Powell, Waterhouse
and Speaker Turney, 8—also 13 votes of the House of Representa-
fives—making in all 21 votes.
Neither of the candidates having a majority of all the votes cast in
said convention, the Speaker of the Senate declared there was no elec-
tion, and put the question:
Shall the Senate proceed in said election ?
Which being determined in the affirmative, the convention of both
Houses proceeded a sixth time, viva voce, to elect an Attorney General
for the 5th Judicial circuit.
Those of the Senate who voted for Mr. Currin were:
Messrs. Gardner, Hardwicke, Johnson, Laughlin, Maclin, Matthews,
Miller and PoWell, 8—Mr. Currin also received 27 votes of the House
of Representatives—making in all 35 votes.
Those of the Senate who voted for Mr. Davidson were:
Messrs. Bradberry, Martin, Motley, Nelson, Peyton, Reneau, Sevier,
Williams and Speaker Turney, 3—also 23 votes of the House of Rep-
resentatives.
Those Of the Senate who voted for Mr. Payne were:
Messrs. Ross and Warner, 2—and 9 votes of the House of Repre-
sentatives—making in all 11.
Those of the Senate who voted for Mr. Taylor were:
Messrs. Ashe, Foster, Frey, Jennings, Ledbetter and Waterhouse, 6
—also 13 votes of the House of Representatives—making in all 19
votes.
Neither of the candidates having a majority of all the votes cast in
said election, the Speaker of the Senate declared there was no election,
and put the question:
THE SENATE.
107
Shall'the convention proceed in said election?
Which being determined in the affirmative, the convention of both
Houses proceeded a seventh time, viva voce, to elect an Attorney Gen-
eral for the 5th Judicial circuit.
Those of the Senate who voted for mr. Currin were:
Messrs. Gardner, Hardwicke, Johnson, Laughlin, Maclin, Matthews,
Miller and Powell, 8—Mr. Currin also received 25 votes of the House
of Representatives—making in all 33 votes.
Those of the Senate who voted for mr. Davidson were:
Messrs. Bradberry, Foster, Frey, Jennings, Martin, Motley, Nelson,
Peyton, Reneau and Sevier, 10—also 27 votes of the House of Rep-
resentatives—making in all 37 votes.
Those of the Senate who voted for mr. Payne were:
Messrs. Ross and Warner, 2—and of the House of Representatives
9 votes—in all 11.
Those of the Senate who voted for mr. Taylor were:
Messrs. Ashe, Ledbetter, Waterhouse, Williams and Speaker Turney,
5—also of the House of Representatives 10 votes—making in all 15
votes.
Neither of the candidates having a majority of all the votes cast in
•said convention, the Speaker of the Senate declared that there was no
election, and put the question:
Shall the convention proceed in said election ?
Which being determined in the affirmative:
When mr. Payne was withdrawn.
The convention proceeded an eighth time, viva voce, to elect an At-
torney General for the 5th Judicial circuit.
Those of the Senate who voted for mr. Currin were:
Messrs. Gardner, Hardwicke, Johnson, Laughlin, Maclin, Matthews,
Miller, Powell and Speaker Turney, 9—and of the House of Repre-
sentatives 30—making in all 39 votes.
Those of the Senate who voted for mr. Davidson were:
Messrs. Bradberry, Foster, Martin, Motley, Peyton, Reneau, Ross,
Sevier and Warner, 9—and of the House of Representatives 22—
making 41.
Those of the Senate who voted for Mr. Taylor were:
Messrs. Ashe, Frey, Jennings, Ledbetter, Nelson, Waterhouse and
Williams, 7—and of the House of Representatives 10—making 17.
Neither of the candidates having a majority of all the votes cast in
said convention, the Speaker of the Senate declared that there was no
election.
When Mr. Laughlin moved that the convention adjourn until to-
morrow morning, 9 o'clock, and a second to said motion being had,
The ayes and noes being demanded,
Was determined in the negative—ayes 39, nays 58.
Those of the Senate who voted in the affirmative were :
Messrs. Gardner, Hardwicke, Johnson, Laughlin, Maclin, Matthews,
Miller, Powell, Ross, Waterhouse, Warner, and Speaker Turney, 12 —
and the affirmative voters of the House of Representatives, were 27—
in all 39,
108
JOURNAL OF
Those of the Senate who voted in the negative were:
Messrs. Ashe, Bradberry, Foster, Frey, Jennings, Ledbetter, Mar-
tin, Motley, Nelson, Peyton, Reneau,'Sevier, and Williams, 13—and
the negative voters of the House ot Representatives, were 45—mak-
ing 58.
So said motion to adjourn was negatived.
The Speaker of the Senate then put the question:
Shall the conversion proceed in said elections ?
Which being determined in the affirmative, the convention of both
Houses proceeded a ninth time, viva voce, to elect an Attorney General
for the 5th Judicial Circuit.
Those of the Senate who voted for Mr. Currin, were :
Messrs. Gardner, Hardwicke, Johnson, Laughlin, Maclin, Matthews,
Miller, Powell, and Speaker Turney,9—and of the House of Repre
sentatives, 29—making 38.
Those of the Senate who voted for Mr. Davidson, were:
Messrs. Ashe, Bradberry, Foster, Frey, Jennings, Martin, Motley,
Nelson, Peyton, Reneau, Ross, Sevier, Warner, and Williams, 14—and
of the House of Representatives, 28—making 52.
Those of the Senate who voted for Mr. Taylor were :
Messrs. Ledbetter, and Waterhouse, 2—and of the House of Rep-
resentatives, 5—making 7.
Hugh L. Davidson, Esquire, having received fifty-two votes, a ma-
jority of both Houses of the General Assembly in convention met, the
Speaker of the Senate declared that Hugh L. Davidson was duly and
constitutionally elected Attorney General in the 5th Judicial Circuit, for
six years from the 11th February, 1842, and the convention rose.
The Speaker and gentlemen of the Senate then repaired to their
Chamber, and resumed their Session.
A message from the House of Representatives by Mr. Mitchell, their
Clerk:
Mr. Speaker : I am directed by the House of Representatives to
transmit to the Senate a petition of the securities of E. W. Dale, late
Cashier of the Branch Bank of Tennessee, and of sundry citizens of
Maury county, praying the Legislature to grant relief to said securities.
The petition of James C. Rawlings, a citizen of Warren county,
Tennessee, relative to a land claim of Rawlings, &c.
The petition of sundry citizens of Hiwassee and Ocoee Districts,
praying the passage of a law prohibiting persons not resident citizens
of the mountain country, from driving in and herding stock in said
mountainous country.
Which were severally read in the House—on which the action of
the Senate is requested.
And then he withdrew.
On motion of Mr. Martin,
The Senate adjourned until to-morrow morning, 9 o'clock.
THURSDAY MORNING, Oct. 21, 1841.
The Senate met pursuant to adjournment.
Mr. Turney presented the petition of sundry citizens of the pounties
THE SENATE.
109
of Jackson, Overton, Fentress, and White, praying that a new county
be established, to be known by the name of Putnam, accompanied by
a bill.
Which was read, and referred to the committed on New Comities
and County Lines.
Mr. Turney introduced
A bill to establish the county of Putnam.
Which was read the first time and passed;
And on motion of Mr. Turney,
Was referred to the committee on New Counties and County Lines.
Mr. Martin presented the memorial of Henry Turney, John P.
Johnson, L.H. Duncan, and James B.Plummer, securities of E. W.Dale,
late Cashier of the Branch Bank of Tennessee, at Cglumbia, accompa-
nied with the petition of sundry citizens of Maury county, praying
the Legislature to grant relief to said securities.
Which being read, was, on motion of Mr. Martin, referred to the
committee on Banks.
Mr. Ledbetter presented the petition of William Martin, of Smith
county, Robert Boyle, Crawford Howell, Charles Clay Trabue, Joseph
Hopkins Marshall, Joseph Henry Shepherd, David W. Dickinson, Bur-
well Garraway, Henry Maney, John J. Whitaker, W. W. Searcey,
Norfleet, Reneau, Charles Watkins, Bradley Kincannon,
and Siles E. Abernathy, accompanied by a bill constituting said peti-
tioners a body politic and corporate, by the name of "The Union Uni-
versity of Tennessee."
Which was read the first time and passed.
And on motion of Mr. Reneau,
Leave is given him to withdraw said bill for amendment.
Mr. Waterhouse presented the following:
Resolved, That the Senate meet the House of Representatives in
their Hall on Monday the 26th instant, for the purpose of electing an
Entry Taker in the Ocoee District.
Which being read,
On motion of Mr. Waterhouse,
The rule was suspended, and, said resolution was adopted.
Ordered that the Clerk of the Senate acquaint the House of Repre-
sentatives therewith.
The Senate took, up the consideration of
A bill to compel the Chancellors for the Middle and Western divis-
ions of Tennessee to interchange riding in certain cases.
Was read a third time and said bill put on its passage.
Those who voted in the affirmative are :
Messrs. Ashe, Foster, Bradberry, Frey, Gardner, Hardwickc, Jen-
nings, Johnson, Lauglin, Ledbetter, Maclin, Martin, Matthews, Miller,-
Motley, Nelson, Peyton, Powell, Reneau, Ross, Sevier, Waterhouse,
Warner, and Willliams—24.
Noes—None.
And so said bill was passed.
Ordered that said bill be engrossed and transmitted to the House of
Representatives.
110
JOURNAL OF
On motion of Mr. Gardner, the Senate took up the consideration of
A bill to provide for the payment of certain public charges.
Which was read a second time and passed.
The Senate took .up the consideration of
A bill to amend the laws for the collection of the taxes in the town
of Knoxville.
Which was read.
When, on motion of Mr. Hardwicke, leave was granted him to
withdraw said bill for amendment,
Mr. Hardwicke returned
A bill to amend the laws for the collection of the corporation taxes
in the town of Knoxville,—with the following amendment:
SeCi 2nd. Be it enacted that the provisions of the above act be ex-
tended to the corporation of the town of Charlotte.
Which being read was adopted.
Which bill, with the amendment made thereto, was referred to the
committee on the Judiciary.
A message from the House of Representatives, by Mr. Mitchell, their
clerk.
Mr. Speaker: The House of Representatives took up and read
a petition from sundry citizens of the county of Davidson and from
citizens of the county of Henry, accompanied by a bill praying Le-
gislative encouragement for the culture and manufacture of Silk in
the State of Tennessee,
Also, a communication from a committee at a large meeting of a
large portion of the Whigs of Jackson county, addressed to Richard
P. Brooks, representative from said county, and Samuel Turney, Sena-
tor from the counties of White, Overton, Fentress and Jackson, rela-
ting to the election of Senators in Congress from the Senate—all of
which was ordered to be transmitted to the Senate.
And then he withdrew.
A message from the House of Representatives by Mr. Mitchell, their
Clerk:
Mr. Speaker, The House of Representatives have adopted a resolu-
tion that the Senate meet the House in their Hall on Friday the 22nd
instant, for the purpose of electing a judge in the 11th judicial circuit
of the State of Tennessee, and asks the concurrence of the Senate
therein.
And then he withdrew.
The Senate took up the consideration of the message from the
House of Representatives, proposing that the Senate meet the House
in their Hall on Friday the 22nd inst., for the purpose of electing a
judge for the 11th Judicial Circuit of the State of Tennessee.
Which being read was concurred in.
Ordered that the clerk acquaint the House of Representatives there-
with.
The Senate then took up the consideration of
A bill to provide for the probate and registration of deeds and
other instruments, passed December, 1831, chapter 90,
On its third reading.
THE SENATE.
Ill
Mr. Foster moved to amend said bill by inserting in the third line
of the first section, the words "a well bound" before the word -"'book."
And the sense of the Senate having been had thereon, said amend-
rnent was adopted, and said bill was read a third time.
The ayes and nays on the passage of said bill being constitutionally
demanded,
Those who voted in the affirmative are :
Messrs. Ashe, Bradberry, Foster, Frey, Gardner, Hardwicke, Jen-
nings, Johnson, Laughlin, Ledbetter, Maclin, Martin, Matthews, Miller,
Motley, Nelson, Peyton, Powell, Reneau, Ross, Sevier, Warner, Wa-
terhouse, Williams, and Speaker Turney—25.
Noes—None.
And so said bill was passed.
Ordered that the bill be engrossed and transmitted to the House of
Representatives.
On motion of Mr. Gardner,
The Senate took up the consideration of the message from the House
of Representatives, being the petition of sundry citizens of the coun-
ty of Davidson and Henry, praying Legislative encouragement
for the culture and manufacture of silk in the State of Tennessee,
with a bill accompanying said petition?,
Which being severally read, was, on motion of Mr. Gardner, re-
ferred to the committee on Agriculture and Manufactures.
The Senate further considering said message, took up the petition of
the securities of E. W. Dale and of sundry citizens of Maury county,
praying that the Legislature grant relief to said securities, was read
and referred to the committee on Banks.
On motion of* Mr. Ross, the Senate adjourned until 2 o'clock, p. m.
EVENING SESSION.
The Senate took up the consideration of
" A Bill to provide for the payment of certain public charges/"
Which was read a second time and passed.
Mr. Gardner introduced:
" A Bill to authorize guardians in certain cases to expend more than
the interest on the estates of their wards in their maintenance/'
Which was read a first time and passed.
On motion of Mr. Williams,
The Senate took up the consideration of a resolution, instructing the
Committee on Finance to enquire into the expediency of consolidating
the offices of Treasurer and Comptroller, and of transferring a part of
their duties to the Bank of Tehnessee; which being read, was adopted.
Mr. Jennings presented a statement of the Planters' Bank of Ten-r
nessee and Branches, showing the State of its finances 5 which,
On motion of Mr. Jennings,
Was referred to the committee on Banks.
Said report is as follows;
112
JOURNAL OF
State of the Planters9 Bank of Tennessee and Branches.
Nashville, October 13, 1841.
DR.
To Notes Discounted, $1,666,372 18
Domestic Bills, 337,949 53
Suspended Debt, 687,438 23 $2,691,759 94
Due from Banks and Agents, 338,661 7b
Bonds of the State of Tennessee, 188,500 00
Bank Stock, 5,500 00
Real Estate,including Banking houses, 361,172 00
Expenses and Attorneys' fees, 10,311 71
Cash on Hand:
Notes of Tennessee Banks, 113,11300
Notes of Alabama, and other current
Bank Notes, 38,477 00
Gold and Silver, 320,820 15 472,410 15
$4,118,315
56
CR.
By Capital Stock,
$2,248,300
00
Circulation,
777,380
00
Due to Banks,
16,432
77
Treasurer of the United States,
500
00
Dividends unpaid,
7,685
90
Exchange, Discounts and Interest,
47,327
33
Office Balances,
28,169
03
Individual Depositors,
369,866
42
Contingent or Reserved Fund,
622,654
11
$4,118,315 56
N. HOBSON, Cashier.
The Senate took up the consideration of
A bill to amend the act of 1813, chapter 119.
Which being read a third time, and the question on its passage being
put,
The ayes and noes being Constitutionally demanded,
Those who voted in the affirmative are:
Messrs. Ashe, Bradberry, Foster, Frey, Gardner, Hardwicke, Jen-
nings, Johnson, Ledbetter, Maclin, Martin, Motley, Nelson, Peyton,
Powell, Reneau, Ross, Sevier, Warner, Waterhouse, and Williams—21.
Those who voted in the negative are:
Messrs. Laughlin, Matthews, and Miller—4.
So said bill was passed, and ordered to be engrossed and transmitted
to the House of Representatives.
On motion of Mr. Jennings,
The Senate adjourned until to-morrow morning 9 o'clock.
THE SENATE.
113
FRIDAY, October 22, 1841.
Mr. Warner, Chairman from the Committee on Claims, to whom had
been referred the memorial of Curtis Kennedy of Fayette county, with
the petition of sundry citizens of Sommerville, reports, that the com-
mittee had taken up the consideration of said memorial, and deem it
just and reasonable, and have instructed him to report a bill, and re-
commend its passage.
Mr. Warner, chairman of the committee on claims, reported
" A bill for the relief of Curtis Kennedy."
Which was regd a first time and passed.
The Senate took up the. consideration of
A bill to provide for the payment of certain public charges, upon its
third reading.
When on motion of Mr. Ledbetter,
Said bill was referred to the committee on the Judiciary.
Mr. Martin submitted the following:
Resolved by the Senate, That the Judiciary committee examine into
and report the propriety of
A bill to fix more certain and uniform the fees in certain cases charged
and received by the clerks and masters in the several chancery courts
in this State.
Which was laid on the table.
On motion Mr. of Frey,
The Senate took up the consideration of the petition of two hundred
and ninety citizens of Robertson county, praying for the repeal of the
existing law relating to tippling houses.
Which was read and laid on the table.
A message from the House of Representatives, by Mr. Mitchell, their
clerk:
Mr. Speaker, The House of Representatives is ready to receive
the Senate in their Hall to elect a judge of the circuit court for the
11th Judicial Circuit in conformity to a resolution adopted by the
House, and concurred in by the Senate. ,
And then withdrew.
Mr. Speaker Turney and gentlemen of the Senate repaired to the
Hall of the House of Representatives. The Senate and House of Rep-
resentatives in joint convention met, the Speaker of the Senate di-
rected the resolution convening both houses of the General Assembly
in convention to be read, which being done, the Speaker of the Sen-
ate put the questiori
Shall the Convention proceed to the election of a judge of the 11th
judicial circuit?
Which being determined in the affirmative,
Mr. Fentress nominated Wm. C. Dunlap a candidate for said office,
when said convention proceeded, viva voce, in said election.
Those Senators who voted for William C. Dunlap were:
Messrs. Ashe, Bradberry, Foster, Frey, Gardner, Hardwicke, Jen-
nings, Johnson, Laughlin, Ledbetter, Maclin, Martin, Matthews, Miller,
8
Hi
JOURNAL OF
Motley, Nelson, Peyton, Powell, Reneau, Ross, Sevier, Warner, Wa-
terhouse, Williams, and Speaker Turney—25.
The votes cast for William C. Dunlap by the House of Representa-
tives were 70—making in all 95 votes.
Whereupon, the Speaker of the Senate declared that William C.
Dunlap was duly and constitutionally elected Judge of the 11th judi-
cial circuit of the State of Tennessee for eight years next ensuing.
And, on motion of Mr. Warner,
The convention rose, and the Speaker and gentlemen of the Senate
returned to their chamber and resumed their session.
A message from the House of Representatives by Mr. Mitchell, their
clerk:
Mr. Speaker : The House of Representatives have taken up the re-
port of the joint committee on public printing, re-committed to said
committee with specific instructions, as transmitted to the House by
order of the Senate, in which the House now concurs.
And then he withdrew.
On motion of Mr. Laughlin,
The Senate adjourned until 2 o'clock, p. m.
evening session.
The Senate took up the consideration of the message from the
House of Representatives,non-rcencurring in the re-committal of there-
port of the chairman of the Joint Select committee on printing the
journals and laws, and joint job printing of the present General As-
sembly, with specific instructions.
Which, on motion of Mr. Foster, was laid on the table.
Mr. Nelson introduced
A bill to regulate the number of Attorneys in State prosecutions.
Which was read a first time and passed.-
Mr1. Reneau submitted the following:
Resolved, That the Senate meet the House of Representatives in
the Representative Hall, oil the first Monday in November, 1841, for
the purpose of electing two Senators • one in the room of the Honora-
hie Felix Grundy, deceased, and the other for six years from the 4th
of March last, that being the time when the term for which the Hon.
Hugh L. White was elected, expired.
Which being read was laid on the table.
Mr. Foster submitted the following:
Resolved, That the Senate meet the House of Representatives in
the Representative Hall, on Thursday the 28th inst., for the purpose of
electing a Superintendent of Public Instruction.
Which being read,
On motion of Mr. Foster,
The rule requiring it to lie over one day being suspended, said reso-
lution was adopted.
Ordered that the clerk acquaint the House therewith and ask their
concurrence.
Mr. Jennings presented the report of the Superintendent of Public
THE SENATE.
115
Instruction with accompanying documents, which being read, was on
motion of Mr. Laughlin refered to the committee on Education and
Common Schools.
Mr. Foster submitted the following :
Resolved by the General Assembly of the State of Tennessee, That
a joint Select Committee be raised of three on part of the Senate to act
with such committee as may be appointed on part of the House of
Representatives, to examine the accounts and books of the Superin-
tendent of Public Instruction, and to settle with said Superintendent.
Which being read,
On motion of Mr. Foster,
The rule requiring resolutions to lie over one day was suspended,
and said resolution was adopted.
The Speaker appointed Messrs. Frey, Powell, and Ledbetter, to be
of said Committee.
Ordered that the Clerk acquaint the House therewith, and ask their
concurrence therein.
The Senate then took up the consideration of a resolution submitted
by Mr. Ledbetter, on the 11th instant, directed to the committee on
Education and Common Schools, to enquire into the expediency of
abolishing the office of Superintendent of Public Instruction, and
transferring the duties of that office to the Bank of Tennessee, and
the Comptroller of the Treasury, that the committee report by bill or
otherwise.
W as read and adopted.
Mr. Ledbetter moved that the Senate take up the re-consideration
of the adoption of a resolution to raise a joint Select Committee of
three, on part of the Senate, to act with such number as may be ap-
pointed on part of the House of Representatives, to examine the ac-
counts and books of the Superintendent of Public Insturction, and to
settle with said Superintendent.
<And the sense of the Senate being taken thereon, said resolution
was rejected.
The Senate again took up the further consideration of the message
from the House of Representatives non-concurring in the re-commit-*
tal of the report of the Chairman of the joint select committee on
printing the journals and laws, and joint job printing of both Houses
of the General Assembly, at the present session, with the specific in-
structions accompanying said re-committal.
When Mr. Ledbetter moved that the Senate do recede from said re-
committal of said report to said joint select committee,
And pending the consideration of said motion,
On motion of Mr. Reneau,
The Senate adjourned until to-morrow morning, 9 o'clock.
JOURNAL OF
SATURDAY, October 23, 1841.
GOVERNOR'S MESSAGE.
Fellow-citizens of the Senate
and of the House of Representatives:
By the provisions of the Constitution, it is made the duty of the Ex-
ecutive to communicate to the General Assembly, from time to time, such
information touching the public interest as may be in his possession.
In discharging this duty, I avail myself of this occasion to present to
your consideration such questions as seem to demand the attention and ac-
tion of the representatives of a free and enlightened constituency.
In communicating with yob for the first time, it is cause of mutual
gratulation that we are still secured in the possession of all the rights and
privileges guaranteed to us by the Government of our country, and that
all the elements of prosperity continue to surround us. By the smiles of
a kind and benificent Providence, and the justice and wisdom of our laws,
we have risen from a small to a great and powerful nation. And although
we are subject to revulsions and seasons of depression, still the energies
of our people, when aroused, will ever be found sufficient to overcome
these temporary reverses of fortune.
Our country has, for the Ihst few years, been laboring under great and
extraordinary embarrassments, and from the effects of which it has only
partially recovered. But it is confidently believed that the industry, pa-
tience and energies of our citizens will be found fully adequate to the
crisis; and we may confidently anticipate the day as not very distant,
when our country shall be visited ouce more with prosperity.
The temporary derangements in commerce and trade are not peculiar
to our Government—they will sometimes occur under the wisest and best
Governments. But they are always attributable to some adequate cause;
and it is the peculiar province of those who have been chosen as the
guardians of the public interest^ to determine where the defect is, and
apply the corrective.
The causes which have induced the present embarrassment under which
we labor, may be traced with the utmost accuracy and precision. It is
an axiom in political economy, that when a community or people buy
more than they sell, that the balance of trade will be against them, and
pecuniary embarrassment and distress must follow as a consequence.—
Each individual liability furnishes a constituent part of the great aggre-
gate of that general indebtedness which has afflicted the country for the
last few years. How far the action of our Government has contributed
to produce this result, must be determined by a recurrence to such facts
as have developed themselves for the last few years. '
It is a proposition demonstrated by all experience, that the example of
the administrators of government have a powerful and controlling infiu-
ence on individual action ; and just in proportion as a government or na-
tion indulges a spirit of profligacy and extravagance, there will be a cor-
responding tendency to the same indulgence on the part of individuals.
That those individuals on whom the pressure has fallen with the most
severity, are the direct agents in producing their own misfortunes, will
ssot be doubted. There was no imperious or unavoidable necessity con-
THE SENATE.
It?
straining any citizens to indulge in extravagance, or to create large and
heavy liabilities, from which they have not been able to extricate them,
selves. Whilst each individual victim must be regarded as the ostensible
author of his own ruin, still it must be conceded, and cannot be success-
fully denied, that there has been a remote and exciting cause that has ex-
erted a powerful influence in producing this distress which everywhere
pervades the country.
Most of the evils of which we complain—the stagnation in trade, the
depression of commerce, the derangement in currency, a depreciation in
the value of our products, and the consequent diminution in the rewards
of labor—may justly be attributed, in part, to the action of the General
Government.
The prosperity of the country was firm, steady and progressive, up to
the spring of 1834. Shortly after that time, trade seemed to have re-
ceived a new and extraordinary impetus ; every species of property in-
creased in value, money became abundant, and the country everywhere
exhibited the greatest prosperity.
This season of 'plethora continued until the spring of '37, when the
bubble burst, and the reality was unveiled in all its horror. This mem-
orable crisis in the monetary affairs of the country was produced by the
•destruction of the Bank of the United States, and the attempt to regulate
and control the currency and exchanges of the country by the agency of
local institutions. From the day that war was declared against the Bank
of the United States, and the edict went forth that the monster should be
destroyed, (and hundreds of smaller ones substituted in its place,) from
that day we may date the beginning of those troubles and sorrows that
have filled 'the land with mourning and distress. The funeral knell of
the United States Bank was the signal for the creation and establishment
of hundreds of local and State institutions.
Having dispensed with the United States Bank as the fiscal agent of the
Government, it became necessary to resort to some other mode of fiscal
agency. The adoption of a number of State institutions was embraced
as the substitute ; and in! order to allay disquietude in the public mind,
and to supply the vacuum created in the circulation of the country, an
edict emanating from the Executive Council, was directed to those un-
pledged agents of government patronage not to hoard up the public mo-
neys of the country, but that they should be used in affording such facili-
ties to trade as the condition of the country might require.
In obedience to this injunction, the Deposit Banks adopted a generous
and almost unrestricted system of discounts and accommodations ; the
other State Banks taking license from the example of the pet institutions,
pursued the same reckless policy. During the short period that the Banks
were enabled to sustain themselves in this policy, every thing went on
swimmingly, and the advocates of this experiment proclaimed to the world
that it was successful. Facilities for liberal Bank accommodatipns were
freely offered. It was only to ask and receive.
The ordinary pursuits of life were abandoned ; the farm and the work-
shop were forsaken. Their occupants, yielding to the allurements spread
out before them, were almost unconsciously drawn out into the vortex of
118
JOURNAL QF
speculation and extravagance, under the vain and delusive hope of ac-
(juiiing fortunes by an easier process.
In the midsf of this pleasing delusion, the Banks sunk under the weight
of their innate defects, and the victims of the destructive policy, left to
struggle against the fearfu\destiny which but too certainly awaited them.
In surveying the past, although we find much to regret and condemn,
still, there is cause of rejoicihg, that we have so far recovered from the
shock, as to enable us to anticipate the day as not very far distant, when
we may enjoy our original prosperity.
Among the various questions that will claim, and doubtless receive your
attention, the situation and condition of the Banks of our State is certain-
ly one of the highest importance.
A sound and convertible currency is deemed essential to the prosperity
of any country, and it is the duty of the representatives of the. people to
secure to their constituents the invaluable blessings that flow from a sound
circulating medium, as far as may be in their power.
The Banks of Tennessee, yielding to the panic which everywhere per-
vaded the nation in the spring of 1837, suspended specie payments, and
remained in that condition in common with most of the Banks in the other
States, until the spring of 1839, at which time it was thought they could
resume, and continue the payment of specie for all their obligations. The
experiment was made, and they were able to pay specie until some time
in October, 1839, a few months from their resumption, when they again
suspended, alleging that the causes which had induced the first suspension
were only partially removed. How far the circumstances that surrounded
the country, or the causes that are alleged to have induced the suspension
may be relied on to justify the violation of their engagements, is a question
that each individual will be disposed to determine for himself. The first
and most sacred duty of the representatives of the people is, to guard and
secure their fights, and protect them from the infliction of injury or in-
justice.
The interest of the State requires that the Banks shall honestly perform
all their promises, and faithfully meet all their engagements.
The same high mora! and legal obligations that attach to an individual
'to comply with his contracts, rest with equal force on corporations or
banks. It is therefore due to justice, to honor and morals, that oUrBanks
shall return as speedily as practicable to a faithful discharge of all their
engagements.
I therefore recommend to your consideration the necessity and propri-
ety of adopting such a policy as will require and enable our Banks to re-
sume the payment of specie at an early day.
It is confidently believed that the Banks of our State are in a sound
and healthy condition, and with such assistance as the General Assembly
may atford, I doubt not may be enabled to resume and continue the pay-
mentof specie..
A strict and careful investigation into the condition and management of
the Banks may result in much good. It will afford the means of discov-
ering and remedying such defects as may possibly exist, and if their con-
ditions be sucli es it is hoped and believed they are, a legislative expose
would go far to excite public confidence; without which, it is impossible
THE SENATE.
119
for any institution of this kind to sustain itself, pr operate successfully or
beneficially to the country.
It 19 certainly not the part of wisdom or sound policy to make war on
the State institutions ; for in doing tlii^, you war by indirection on the
people. The Banks are so interwoven with the interests of the people,
that anything that would operate oppressively on them, would extend in
its effects to the great body of the people. The Bank of Tennessee d^-
mands peculiarly the fostering and protecting care of the Legislature. It
is the People's Bank—owned by them. The revenues of the State are
there ; the School fund is there ; a fund that is sacred, and which should
be guarded by the Legislature with paternal care.
Let us guard, protect and defend our institutions, and enable them, by
all the means in our power, to effect the great ends for which they were
chartered.
How far State institutions may be able to .furnish a sound currency, is
a question of doubt; that they may be enabled to furnish a sound territo-
rial circulation is conceded, but that they have the power to furnish a na-
tional circulation that will be equal and uniform, is a power they do not
possess, and an effect they never can produce.
I had confidently expected that this desideratum would have been ac-
complished by the creation of a National Bank by Congress at its late
Extra Session ; but in this the just expectations of the country have been
defeated by the interposition of the Executive will.
A revision and amendment of the law creating a system of Internal Im-
provement demands your consideration. The encouragement of internal
improvement is a duty enjoined on the Legislature by the Constitution,
and one from which they cannot escape.
That a well-regulated system of internal improvements would tend
greatly to develope the resources of the State ; increase the energies and
enterprize of her citizens, by opening new avenues to trade and com-
merce ; diffusing a spirit of industry among the great body of the people,
by affording an early transportation of their surplus products to market;
and that it would add greatly to the sources of public prosperity, does
not admit of a well-grounded doubt. How far the present system is cal-
culated to effect these desirable ends, is, to say the least of it, doubtful.
I can but regard the law of 1837 as impolitic, unsafe and wholly inarb
equate to accomplish the objects contemplated.
I do not impugn the motives of its authors ; for I ijoubt not the honesty
of their purpose or purity of their motives. It was but an experiment,
and it was impossible that any one could clearly determine how it would
operate or how terminate. As soon, however, as it .was brought into
practical operation, its defects became most glaring. It was found to be
loose and unguarded, opening the door by which fraud and injustice might
be perpetrated on the State with the greatest facility.
The last General Assembly, seeing its operation, attempted to remedy
its defects ; and I am happy to believe much good resulted from their re-
vision of the law, and much of the treasure of the State saved from an
unprofitable investment.
It is believed that our system of internal improvement is still defective,
and is, doubtless, susceptible of many valuable improvements.
120
JOURNAL OF
And in order that its operation may be fully understood and its defects
remedied, it is recommended that the Assembly will require each Compa-
ny to furnish a full exposition of their operations and condition at an early
day.
One of the greatest defects in this system, is to be found in the indis-
criminate manner in which the appropriations have been made, in many
cases embracing objects of minor importance, that can yield but little, if
any profit to the State. Whilst this indiscriminate and unprofitable ap-
plication of the public moneys is to be regretted, still, if the engagements
of the individual stockholders have been complied with in good faith, ac-
cording to the provisions of their charters or contracts, it is the duty of
the State to comply with all her engagements in like good faith. On an
examination of the condition of the various works that are now being con-
structed, it may be found that some of them will require additional assis-
tance to secure t-heir completion. And although 1 should regret to see
the system extended beyond the limits prescribed by the law of 1837,
still the interest of the State and sound policy (if such cases shall be found
to exist) would justify such additional appropriation as may be required
for their early completion. By the law of '37 it is provided, that the ap-
propriations on behalf of the State shall not exceed four millions, to be
divided in just proportions between the three great divisions of the State.
The sum of one million four hundred thousand dollars to East Tennessee,
one million six hundred thousand dollars to Middle Tennessee, and one
million to the Western division of the State. By reference to the sub-
scriptions made on behalf of the State, it appears that the sum of one
million three hundred thousand dollars has been subscribed to works in
East Tennessee ; one million three hundred and sixty-seven thousand one
hundred and sixty-six to Middle Tennessee ; and three hundred and tbir-
ty-nine thousand five hundred to the Western District.
It is manifest that the General Assembly that passed this law, contem-
plated an equal division of the appropriation between the three divisions
of the State, according to their population.
The last General Assembly, having witnessed the defects of the law,
determined to arrest the further subscriptions on the part of the State, and
directed the Governor to subscribe to no new works.
Justice requires that there shall be as equal a division of the benefits
resulting from the appropriation to the three great divisions of the State
as practicable. The appropriation to all the works of improvement are
made in bonds drawn on the faith and credit of the State ; creating a gen-
eral and equal liability on each individual citizen of the State. It is,
therefore, proper that the benefits should be made as general and equal as
possible ; and as it is impossible to confer on each individual an equal par-
tici pat ion in the benefits resulting from this general liability, we should
approximate as near to it as we can, and at least make the division equal
between tfie three great divisions of the State. If the General Assembly
shall determine that the subscription on behalf of the Stare shall extend
to the limit fixed by the law of '37—which is four millions—it will be
proper that they should select such objects as may be of general benefit,
and not suffer the public Xunds lavished on minor or unimportant works
Among the numerous works to which the Stale has subscribed, the sum
THE SENATE.
121
of $650,000 was subscribed to the Charleston and Cincinnati Railroad
Company. It is believed that this enterprize will be abandoned, and the
charter forfeited. In the event of this occurrence, the State subscription
will revert to the State, and then it will be the duty of the Legislature to
determine what disposition shall be made of this fund. That a highly
useful and profitable investment might be made of them in the eastern di-
vision of the State, will not be doubted by those at all acquainted with
the peculiar condition of that portion of the State.
A portion of this sum might be profitably employed in removing the
obstructions in the navigable streams. There are other portions of the
country susceptible of great improvement by the construction df McAd-
amized roads. And it may be necessary and proper to appropriate a por-
tion of this or some other fund to the completion of such works as are in
progress of construction.
By a law passed at the last regular session of Congress, Tennessee is
made the agent of the Government of the United States, and invested
with the power to sell and dispose of the vacant and unappropriated lands
within the limits of this State, lying south and west of the Congressional
Reservation line. This is a subject of interest to the State generally,
and particularly to that portion of our fellow-citizens who reside within
the limits of that portion of the State embraced in the law. It is matter
of mutual gratulation that this vexed question has been setlled in a man-
ner that will secure to a large and respectable portion of our citizens
their homes and titles to their lands.
It is hoped that the Legislature will yield a ready assent to, and com-
plianqe with, the provisions of the law. Should this be your determina-
tion, it will be proper that you take such action on this subject as will en-
able you to comply with the requirements of the law. It is recommend-
ed that you adopt such policy as will afford the greatest facilities to those-
interested in securing their titles, as far at least as may be compatible
with the public interest and a faithful compliance with the provisions of
the law.
In making this, my first communication to the General Assembly, it is
cause of no ordinary gratification to me to be permitted to present to your
consideration, my convictions of the policy proper to be pursued indis-
posing of the moneys that may arise from the sale of the public lands,
and which Tennessee will be entitled to receive. Congress, at its late
extra session, passed a law providing for the distribution of the proceed?
of the public lands among the States, according to their population.
It is not necessary that I should trespass on your attention by an argu-
ment to prove ihe justice or wisdom of this policy, both of u4iich, I
doubt not, will be fully demonstrated by its effects.*
The question that more immediately demands your most serious con-
sideration is, what disposition shall be made of the moneys that Tennes-
see will be entitled to receive under the provision of this law ? By the
Constitution of our State, the funds accruing to the State from this source
have been set apart to specified purposes. It is provided, that should a
division of the public land, or the moneys arising from the sales be made
among the States, that the portion coming to this State shall be devoted
122
JOURNAL OF
to purposes of education and internal improvement, and shall never be
applied to any other purpose.
The Constitution is silent as to the mode of dividing this fund between
the two objects specified, whether it shall be equal or unequal. But inas-
much as there is no specific injunction, it is reasonable to infer that they
intended it to be equal.
I cannot urge too strongly on your consideration, the propriety of set-
ting apart at least one half of the moneys that may be received from this
source as a fund that may be applied to the redemption of the Internal
Improvement Bonds of the State at their maturity. If this disposition be
made, it would doubtless have a fine effect on the credit of our securities,
and tend greatly to enhance their value.
The liabilities of our State are less than any State in the Union of her
resources, and still her securities are at a ruinous discount. If a perma-
nent provision can be made for the liquidation of these liabilities at their
maturity, it would inspire capitalists with confidence in their solvency,
and contribute greatly to increase them in value. If this policy should be
adopted, the moneys should be deposited with the Bank of Tennessee,
to be loaned and accounted for as other funds of the State. This would
add greatly to the available means of this institution, and enable her to af-
ford increased facilities to our citizens.
Virtue and intelligence being essential to the perpetuation of our free
institutions, it is the duty of those that have been constituted the guardi-
ans of the public interest to cherish and protect them by all the means in
their control. There is no object more worthy the attention of a patri-
otic and enlightened pebple than to extend the fostering hand of protection
to virtue, and to aid in the diffusion of general intelligence among the
great body of the people. Without the protecting care of government
to'these invaluable objects, no nation or people can long enjoy the bless-
ings of civil and religious liberty.
The authors of our State Constitution, appreciating the great impor-
lance of education, have wisely provided in that instrument that the com-
nion school moneys belonging to the State shall be a perpetual fund, the
principal of which shall never be diminished by legislative appropria-
lion; and the interest on this fund is wisely dedicated to the support and
encouragement of a system of common schools throughout the State.
Our present system is doubtless very impc rfact, but notwithstanding
its present defects and seeming insufficiency, it has had a salutary influ-
ence in the country. And by the continuation: of a liberal and enlight-r
ened policy, it is destined at no very distant day to reflect honor on the
State; shedding- its benign influences on the children of ignorance and
misfortune.
The necessity and importance of a careful revision of this law is de-
frianded by the best interests of the State, and the highest considera-
tions of patriotism and philanthropy.
The law is vague, indefinite and complicated, so much so as to render
its faithful execution in many instances difficult and unattainable. The
execution of this law is necessarily confided to many hands, and in order
to secure its faithful administration it is important that the entire system
should be revised and made as short, plain and concise as practicable.—-
THE SENATE.
123
A portion of the moneys arising from the sale of the public lands, is by
the constitution directed to be applied to education. Whether this fund
shall be applied exclusively to common schools, or whether a portion of
it shall be appropriated to colleges and academies is a question for your
consideration.
The utility and necessity of higher institutions of learning than that
contemplated by the common school system is evident. These higher
institutions are justly entitled to public patronage, and should receive the
fostering care of government. But remembering the insufficiency of the
common school fund to afford facilities to the great number of indigent
children in the country to acquire the mere rudiments of an education,
and regarding this as a common fund, in the benefits of which all should
participate as far as possible, I am constrained to recommend to your
consideration the propriety of making it a part of the common school
fund, thereby producing the greatest amount of good to the greatest
number.
The General Assembly in 1829, for the .better protection of society,
the suppression of vice and punishment of crime, established a Peniten-
tiary, substituting confinement and labor instead of the more severe and
less humane process of capital punishments. This change in our penal
code is founded in principles of humanity, and was dictated by motives
worthy a christian people.
The objects sought to be accomplished by the infliction of punishment
on the guilty are to protect society, to secure respect for, and enforce
obedience to the laws, and as far as maybe to reform the criminal.
How far this mode secures the ends contemplated by its benevolent
projectors is a question of some doubt, producing some conflict of opin-
ion in the public mind. This system has been adopted by the State at
great expense, and although its effects may not have been as salutary as
was anticipated by some of its warmest advocates, still it is questionable
whether any other substitute would be more efficient ot more acceptable
to the country. It is sometimes urged that this institution should be dis-
continued on the alleged ground that it operates oppressively on a high-
ly respectable portion of our fellow-citizens, by employing the convicts
in the various mechanic arts. How far this complaint may be founded
in justice or prejudice, I have no correct means of determining. It is
certainly true,,that it produces competition in some branches of mechan-
ism, and it is equally true that the institution is enabled to sell its products
at low and reduced prices. It cannot be the true policy of any government
to enter into a competition of labor with its citizens. Wisdom and jus-
tice require that equal protection should be.afforded to all, encouraging
the various branches of industry, by securing (as far as it has the ability)
to them their just reward.
The propriety of giving such direction to the labor of the convicts in
the Penitentiary as will least conflict with the labor and pursuits of our
citizens, and at the same time secure the interest of the State, is respect-
fully submitted.
Among the various subjects which have from time to time engaged
the attention of your predecessors, the establishment of a Lunatic Asy-
lum is one that reflects the highest honor on our State. This establish-
12i
JOURNAL OF
ment has heretofore received the liberal patronage of the State; large
sums 6f money have, at different times, been appropriated to this benevo-
lent object, and although it is in partial operation, it will require an ad-
ditional appropriation to complete the buildings, and make such other
improvements as are "deemed indispensable to enable it to answer the
Important purpose for which it was erected.
It is unnecessary to adduce arguments to prove the importance of this
institution, or to recommend it to the patronage of the Representatives
of an enlightened and benevolent constituency.
Other States, with a liberality and public spirit worthy of admiration,
have, at great expense, established similar institutions ; many of which
are in successful operation, reflecting imperishable honor on their projec-
tors. Tennessee having embarked in the same benevolent cause, the
cause of justice, humanity and philanthropy, will not abandon it, or
withhold from it such patronage as will make it indeed an Asylum for
that unfortunate class of our citizens on whom the hand of misfortune
has fallen with its heaviest weight.
To advance the prosperity and happiness of our common couutry is
the highest duty, as well as the most ardent desire of every patriot. It is
for this purpose you have been chosen the guardians of the public inter-
est; it is for this purpose that you are assembled on this occasion; it is
to you that your constituents look for the protection of their rights and
the advancement of their interest.
The means of effecting these important ends so far as legislative ac-
ion can secure them, h*js been confided to your hands, and will doubtless
demand your most deliberate consideration.
The wealth and prosperity of every community depend in a pre-emi-
nent degree upon the amount of the production, labor or industry of its
citizens. Ours is chiefly a producing State, possessing at the same time
all the facilities for manufactories, and the successful prosecution of this
department of labor must bo regarded as the basis of ourgreatest pros-
perity.
The manufacturing interest of the State has heretofore received some
countenance and encouragement, but not in a ratio corresponding with its
great importance. Whilst this important branch of labor, so essential to
our prosperit}T, has received some legislative protection, it is matter of
deep regret and astonishment that the agricultural interest of the State
seems to have been wholly forgotten and neglected.
It has been justly remarked, that he who contributed to the agricul-
tural improvement of his country was a greater benefactor than the hero
of a thousand battles. The Legislature that shall adopt a liberal and ef-
ficient system of encouragement to the agricultural and manufacturing in-
terests of this State, will have effected more for the honor and permanent
prosperity of the country than the establishment of a thousand Banks.
Many of our sister States, appreciating the great importance of this
snbject have led the way in this enterprise, and the success which has at-
tended their efforts has surpassed their most Sanguine expectations.
We are in the habit of purchasing from abroad annually a large
amount of goods, manufactured of cotton, wool and silk, all of which
are procured at high and exorbitant prices. Enjoyiug, as we do, every
THE SENATE.
125
facility for the manufacture of these articles at home, it cannot be doubt-
ed that they can be produced at prices greatly below what they now cost
us. It is matter of astonishment that we are not only in the habit of
looking abroad for the supply of these articles of comfort and fancy, but
we are dependent on our sister States for some of the merest necessa-
ries of life, such as enter into the consumption of every family. Thou-
sands ot dollars are employed annually in the purchase of the single
article of flour, which is produced by our Sister States and consumed
by our citizens.
Possessing a climate and soil adapted to the successful cultivation of
wheat, it is confidently believed that this drain on our resources might
be remedied by disseminating the necessary information on this sub-
ject. Every dollar employed in purchasing articles from abroad for
home consumption, is so much money drawn from our circulating me-
dium, and in that proportion diminishes the wealth and prosperity of
the country.
It is doubtless within the competency of our Legislature to remedy
these evils to a great extent by disseminating proper information on
these subjects, and affording the necessary inducements to our citizens
to correct this error. • In view of the great and paramount importance
of this subject to the interest of the great body of our common con-
stituents, it is submitted with all its high demands to the consideration
of you, their agents and representatives.
Provision being made by the last General Assembly for taking the
(census of qualified voters in the State, preparatory to the re-organiza-
tion of the districts, furnishing to each county its just and equal rep-
resentation in our legislative council. Presuming that the provision of
the law on this subject has been complied with on the part of those
charged with its execution, your attention will be directed to this sub-
ject.
Each returning election in our State demonstrates the necessity of
defining, by legislative enactment, what are the qualifications necessary
to entitle a citizen to vote in our elections. Different constructions of
the Constitution on this subject obtain in different portions of the State,
and a law declaratory on this subject would settle this difficulty, and
make the rule by which the qualification of voters should be determin-
ed, equal and uniform throughout the State.
Oct. 19, 1841. JAMES C. JONES.
Mr. Speaker Turney presented
A certificate of the census of the county of Fayette, taken under an
act of the General Assembly of the State of Tennessee, passed 29th
January, 1840.
Which is ordered to be filed with the report of the Secretary of State
and entered upon the tabular statement in said report referred to.
Mr. Jennings moved that the journal of the Senate of the 19th in-
jstant, relating to the election of Thomas A. R. Nelson to the office'of
(Attorney General for the 1st Judicial Circuit, be corrected by inserting
the following, "from the 11th February, 1842," in the declaration of
the Speaker of the Senate, announcing the result of said election.
126
JOURNAL OF
Also, the like amendment and correction of said journal relating
to the election of Hugh L. Davidson to the office of Attorney General
for the 5th Judicial Circuit, by inserting the following, " from 11th
February, 1842," in the declaration of the Speaker of the Senate, an-
nouncing the result of said election.
Which correction and amendment is accordingly made and done.
Mr, Speaker Turney presented
The memorial of Russell and Thomas C. Marchbanks, citizens of
DeKalb county, in the State of Tennessee, praying that they may be
by law constituted a body corporate and politic, under the name and
style of the "Caney Fork Bridge Company," with the privilege to
erect Mills and to erect a Bridge across the Caney Fork, and perform
other things.
Wrhich was read, and referred to the committee on Fublic Roads.
The Senate then took up the consideration of
A bill to regulate the number of Attorneys in State prosecutions.
WTiich was read a second time, and,
On motion of mr. Nelson,
Leave is given him to withdraw said bill for amendment.
The Senate took up the consideration of
A bill for the relief of Curtis Kennedy.
Which was read a second time—when,
On motion of mr. Foster,
It was laid on the table..
Mr. Reneau moved to take up the consideration of a resolution by,'
him submitted on yesterday, that the Senate meet the House of Rep-
resentatives in their Hall on the first Monday in November, 1841, for
the purpose of electing two Senators in Congress from the State of
Tennessee—one in the room of the Hon. Felix Grundy, deceased, and
the other for six years from the 4th of March last—r-
And pending the discussion thereof,
Mr. Nelson having the floor; when,
On motion of mr. Laughlin,
The Senate adjourned until to-morrow mornipg, 9 o'clock.
MONDAY MORNING, Oct. 25, 1841.
The Senate met pursuant to adjournment.
Tbe Senate took, up the consideration of
A bill incorporating the Union University of Tennessee.
WThich was, on motion of mr. Ashe,
Ordered to lie on the table.
The Senate took up the consideration of
A bill to authorise Guardians in certain eases to expexid more than
the interest on the estates of their wards in their maintainance.
Which being read,
On motion of mr. Martin,
Was referred to the committee on the Judiciary,
Mr. Maclin presented
A memorial of five citizens of Memphis, appointed by the resolu-
THE SENATE
127
tion of the Mayor and Aldermen of said city, addressed to his Excel-
lency, John Tyler, President of the United States, setting forth the
claims of Memphis and the advantages she possesses for the establish,
ment of a National Armory.
Which being read,
On motion of mr. Maclin,
The address of said memorial was amended by adding thereto the
names of Brevet Brigadier General W. K. Armistead, Presidend,
Lieut. Colonel S. H. Long, Topographical Engineers, and Surgeon
General T. Lawsop, members.
On motion of mr. Maclin,
Said memorial and amendment was referred to the committee on
Federal Relations.
Mr. Nelson returned
A bill to regulate the number of Attorneys in State prosecutions—
by him withdrawn for amendment—with the following:
Section 2. Be it enacted, That in all prosecutions in this State,
where counsel has been retained to assist the Attorney General, it shall
be at the election of the Attorney General whether he will conclude
the argument of the case before the jury, or whether he will assign
that duty to said assistant counsel.
And said arrfendment being read, was accepted.
The question then recurred on the passage of said bill:
Which being read a third and last time, passed—ayes 20, noes
none.
The ayes and noes being constitutionally demanded.
Those who voted in the affirmative were :
Messrs. Ashe, Bradberry, Foster, Gardner, Hardwicke, Jennings,
Johnson, Laughlin, Maclin, Martin, Matthews, Miller, Nelson, Pey-
ten, Powell, Reneau, Ross, Sevier, Warner, Waterhouse, Williams,
and Speaker Turney—20. Noes none.
So said bill was passed, and ordered to be engrossed and transmitted
to the House of Representatives.
Mr. Nelson introduced
A bill to facilitate the punishment of the crime of perjury.
Which was read a first time and passed.
On motion of mr. Nelson,
Was referred to the committee on the Judicary.
On motion of mr. Foster,
The Senate adjourned until 2 o'clock, p. m.
evening session.
Mr. Bradberry presented
A petition from sundry citizens of Henderson county, praying that a
law be passed the better regulating the School Fund for Common
Schools, to purchase and procure globes for the use of Common Schools,
to grant premiums to successful students in the attainment of learning
under certain rules prescribed, to reduce the fees on marriage license,
128
JOURNAL OF
by way of inducement to more frequent marriages, and for divers
other purposes.
Which was read, and ordered to be transmitted to the House of
Representatives.
A message from the House of Representatives, by Mr. Mitchell, their
clerk.
Mr. Speaker: The House of Representatives have had under con-
sideration a resolution adopted by the Senate, proposing that a joint
select committee be raised, of three on the part of the Senate, to act
with such number as might be appointed by the House, to examine
the accounts and books of the Superintendent of Public Instruction,
and to settle with said Superintendent—which was read and concurred
in.
The Speaker of the House of Representatives has appointed of said
committee on the part of the House, Messrs. Buchanan of Giles, Nor-
man, Rowles, Scruggs, Senter and Greene.
Also, a petition from sundry citizens of the town of Lynchburg, in
Lincoln county, praying the incorporation of said town.
Also, a petition from 714 citizens, of the county of Bedford, praying a
repeal of the existing law relating to tippling houses, and the former
law be revived.
Also, a petition from X 33 citizens of Bedford county, praying that
the present law relating to tippling houses be continued in force.
Which petitions were severally read in the House of Representa-
tives, and ordered to be transmitted to the Senate.
And then he withdrew.
Mr. Warren moved that the message from the House, transmitting
the petition of 133 citizens as of Bedford county, be changed so as to
show that said citizens are not of Bedford, but of Marshall county.
And the sense of the Senate being had thereon,
Said motion prevailed.
A message from the House of Representatives by Mr. Mitchell, their
Clerk:
Mr. Speaker: The House of Representatives took up and consid-
ered the resolution adopted by the Senate, proposing to meet the House
in their Hall on Thursday the 28th instant, for the purpose of electing
a Superintendent of Public Instruction, and have amended the same
by striking out the words "Thursday 28th instant," and inserting in
lieu thereof, " Tuesday 2d November next."
To which amendment the House of Representatives asks the con-
currence of the Senate.
Also the following engrossed bills:
A bill to amend the act of 1811, chapter 2, in relation to penalties
and forfeitures.
Read a third time and passed, Oct. 22nd, 1841.
A bill to authorise Thomas Lanier, of the county of Wayne, to
open and keep in repair a Turnpike Road.
Read a third time and passed, Oct. 23,1841.
And then he withdrew.
The Senate then took up the consideration of the the message from
THE SENATE.
129
House of Representatives amending a resolution adopted by the Sen-
ate, proposing to meet the House of Representatives in their Hall on
Thursday the 28th instant, for the purpose of electing a Superinten-
dent of Public Instruction, by striking out the words " Thursday the
2nd November next."
Which being read, the Senate non-concur therein.
Ordered that the clerk acquaint the House of Representatives there-
with.
Mr. Foster from the committee on the Judiciary, to whom was re-
ferred a resolution adopted by the House of Representatives in their
Hall on Wednesday the 27th instant, for the purpose of electing an At-
torney General for the fourth Judicial Circuit, reported as follows:
The Judiciary committee, to whom was referred the resolution from
the House of Representatives, proposing a convention of the two
Houses on the 27th inst., to elect an Attorney General for the 4th Ju-
dicial Circuit, the office of which will become vacant by the expiration
of the term of the present incumbent, on the 8th of Oct. 1842,
have directed me to report that the election proposed in said reso-
lution is within the constitutional powers of this General Assembly,
and interdicted by any of the provisions of that instrument; the ap-
pointing power conferred by the constitution on the General Assembly,
is not a part of the Legislative power, but constitutes a distinct sub-
stantive power.
Your committee therefore recommends a concurrence with the
House in its action upon said resolution, all of which is respectfully
submitted.
ROBERT C. FOSTER,
Chairman.
The Senate then took up the consideration of the resolution of the
House of Representatives, proposing the Senate to meet the House in
their Hall on Wednesday the 27th inst., to elect an Attorney General
for the 4th Judicial Circuit, with the report of the Chairman of the
committee on the Judiciary.
Which being read,
Mr. Peyton moved to strike out the words "the 27th instant" and
insert in lieu thereof "Tuesday 2nd November next."
And said resolution and amendment thereto was concurred in.
Ordered that the Cleric of the Senate acquaint the House of Repre-
sentatives therewith.
On motion of Mr. Maclin,
The Senate adjourned until to-morrow morning 9 o'clock.
TUESDAY Oct. 26, 1841.
Mr. Hardwicke introduced
A bill for the relief of Wm. B. Young & Co.
Which was read a first time and passed.
The Senate took up the consideration from the House of Represen-
tatives
9
m
JOURNAL OF
A bill to amend (he act of 1811, chapter 2, in relation to penalties
and forfeitures.
Which was read the first time and passed.
The Senate took up the consideration from the House of Represen-
tatives
A bill to authorize Thomas Lanier of the County of Wayne to
open and keep in repair a Turnpike road.
Which was read the first time and passed.
'Oh motion of Mr. Ledbetter,
■ The "Senate took up on its second reading, the consideration of
A bill incorporating the Union University of Tennessee.
W'Jiich being read, Mr. Ledbetter moved to amend the 8th section
of said bill by adding thereto "except in time of war."
Which motion prevailing, when
Mr. Warner moved to amend said bill by striking out of the 8th
section, the following words, to-wit:
"And all students, and members of the Faculty that may be liable
to military duty,shall'be exempt from the same so long as they shall
be Connected with said institution except in time of war."
'And the pense of the Senate being taken on said motion, to amend
said section by striking out said words.
Which motion prevailed.
And said bill and amendment being read, was passed a second time.
On'motion of fMr. Martin,
Said bill Was referred to the committee on the Judiciary.
..A message from the House of Representatives, by Mr. Mitchell, their
clerk. *
Ma. 'SpeaXer ; The House of Representatives have taken up, con-
sidered, and rescinded the joint resolutions of both Houses of the
General Assembly relating to the election of Entry Taker for the Oco-
ee District—in which they ask the concurrence of the Senate.
And then he withdrew.
A"message from the House of Representatives by Mr. Mitchell, their
Clerk:
Mr. 'Speaker : I am directed to transmit to the Senate
.A bill to charter the Sevier county Turnpike Company.
Read a third timp and passed, October 25th, 1841, in which the
House asks the concurrence of the Senate.
And then he withdrew.
Mr. Nelson then moved that the Senatfe take up the consideration
of a resolution,1 called up on Saturday' last, proposing that the Senate
meet the House of Representatives in convention in their Hall on the
first Monday pf Novetriber next, for the puipose of electing two Sen-
ators'in the Congress of the United States from the State of Tennes-
see.
And after sometime spent in the discussion upon taking up the reso-
lution, Mr. Martin having the floor, when
On motion of Mr. Laughlin,
The Sen,ate adjourned until 2 o'clock, p. m.
i jtiJti SHNATIS.
m
evening session.
Mr. Speaker Turney presented a certificate of three free white in-
habitants of the age of twenty-one years and upwards in the county
of Cocke, under the act of the General Assembly of 29th day of Jan-
uary, 1840, which is ordered to be entered upon the tabular statement
returned by the Secretary of State.
A message from the House of Representatives by Mr. Mitchell, then
Clerk:
Mr. Speaker: The House of Representatives have adopted a res-
olution proposing that the Senate meet the House of Representatives
in their Hall on the 27th instant for the purpose of electing a Regis-
ter for the Ocoee District, and ask the concurrence of the Senate there-
in.
And then he withdrew.
On motion of Mr. Warner,
The Senate resumed the consideration of the question on taking up
the resolution submitted by Mr. Reneau proposing that the Senate
meet the House of Representatives, in the Representative Hall, on
the first Monday in November, 1841, for the purpose of electing two
Senators in Congress, one in the room of the Hon. Felix Grundy,
deceased, and the other for six years from the 4th of March last—that
being the time when the term for which the Hon. Hugh L. White was
elected.
And pending the discussion of the question,
On motion qf Mr. Matthews,
The Senate adjourned until to-morrow morning, 9 o'clock.
WEDNESDAY, October $7, 1841,
The Senate took up the consideration of a message from the House of
Representatives, proposing that the Seriate meet the House in their
Hall this day for the purpose of electing a Register for the Ocoee dis-
trict.
Which being read,
Mr. Nelson moved to amend the resolution in said message men-
tioned, by inserting therein the words "Entry Taker."
And the sense of the Senate being taken tnereon, said amendment
was received and said resolution, with the amendment thereto, con-
curred in.
Ordered, that the clerk acquaint the House of Representatives there-
with, aud ask their concurrence in said amendment.
The Senate took up the consideration of a bill from the House of
Representatives, on its second reading,
A bill to amend the act of 1811, chapter 2, in relation to penalties
and forfeitures.
Which being read,
Mr. Ledbetter offered the following amendment thereto,* to-wit:
Sec. 2. Be it enacted, That this act shall continue and be in force
for two years from the passage thereof, and no longer.
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JOURNAL OF
And the sense of the Senate being had thereon, said amendment
was received, and said bill with the amendment being read a second
time and passed,
Mr. Foster, from the committee on the Judiciary, to whom has been
referred the petition of Alonzo M. D. Bostick, praying to be restored
by law to the rights of citizenship, submitted the following report:
The Judiciary committee, to whom was referred the petition of ma-
ny citizens of Benton county, praying the passage of a law to restore
Alonzo M. D. Bostick to the rights of citizenship, have had the same
under consideration, and after mature deliberation thereon had, have
directed me to report, that the passage of the law, as prayed for in said
petition, would, in the opinion of the committee, be in violation of the
7th section, article 11th, of the Constitution of the State, and that there-
fore, the prayer of the petition should not be granted.
All of which is respectfully submitted.
ROBERT C. FOSTER, Jr., Chairman.
Which being read, and the sense of the Senate taken thereon, was
rejected.
Mr. Foster, from the committee on the Judiciary, to whom had been
referred
" A bill to amend the practice in the courts of Chancery
Report, that the committee have had the same under consideration*
and after a careful examination of its provisions, and mature delibera-
tion thereon had, have directed me to report; and so recommended
that the third section of the said b-iil be stricken out; and recommend-
ed the passage of said bill—which section is in the following words,
to wit:
" Sec. 3. And whereas, by the existing laws, the answer of a de-
fendant in Chancery, denying the allegation in the bill, is evidence for
the defendant of equal force with the positive swearing of one credi-
ble witness, whereby there is often a denial of right, and a great temp-
tation held out to perjury." Therefore,
Be it enacted, That when a bill shall be filed in Chancery, other
than for discovery only, the complainant may waive the necessity of
tho answer being made on the oath of the defendant, and in such cases,
the answer may be made without oath, and shall have no other or
greater force, as evidence, than the bill.
Which report, with striking out the third section in said bill, is con-
curred with. l
Mr. Laughlin offered the following as an amendment thereto i
Sec. 4. Be it Enacted, That it shall hereafter be lawful for the ex-
ecutors, administrators, or heirs, where there are no executors or ad-
ministrators, and by their guardians or next friends, where such heirs
may be minors, to carry on every suit or action in the courts of this
State, after the death of either the plaintiff or defendant, on behalf of
either the plaintiff or defendant, and no appeal, or any cause in any
court shall be abated by the death of the plaintiff or defendant, but
may be proceeded in, on the application of the executors, administra-
tors or heirs of either, as is now provided for by law; and in all such
cases, whether in law or chancery, such suits shall, and may be renewed.
THE SENATE.
133
in the name of such executors, administrators or heirs, as the case may
be, where any plaintiff or plaintiffs shall die, in the same way as suits
at law are now renewed—on motion—and if the same shall be by the
heirs of such deceased plaintiff or plaintiffs in suits at law or chancery,
it shall be shown to the court by affidavit, that the party or parties so
applying are the heirs of such deceased plaintiff, and in no such case
shall a bill of revivor be necessary to renew a suit in chancery, where
one or all the plaintiffs may have died pending such suit, or pending
any appeal in such suit, but the same shall and may be done on mo-
tion to the court in which such suit or appeal may be pending.
And the sense of the Senate being thereon had, said amendment
was accepted.
Said bill, with the amendment, was read a second time and passed.
Mr. Hardwicke presented the petition of William B. Young & Co.,
merchants of Dickson county, praying that relief be extended to them
by the General Assembly, releasing them from the payment of a judg-
ment recovered against them in the Circuit court of Dickson county,
for five hundred dollars, the penalty for failing to obtain license as mer-
chants.
Which was read and laid on the table.
A message from the House of Representatives, by Mr. Mitchell, their
clerk:
Mr. Speaker : The House of Representatives have taken up and
considered the message of the Senate on amending the resolution of
the House, proposing that the Senate meet the House in their Hall in
convention 011 this day, to elect a Register for the Ocoee District, by1
adding thereto the words " and entry taker."
Which was read and concurred in.
Also the amendment of the Senate, to the amendment of the House
to the Senate's resolution, that the Senate meet the House in its Hall on
Thursday, the 2Sth instant; by, striking out the words " Thursday, the
28th instant," and inserting in lieu thereof Tuesday, the 2d of No-
vember next.
Which was read and concurred in.
And then he withdrew.
A message from the House of Representatives, by Mr. Mitchell, their
clerk.
Mr. Speaker : The House of Representatives have taken up and
considered the amendment of the Senate, made to the resolution of the
House, to elect an Attorney General for the 4th Judicial circuit on the
27th instant, by striking out the words " the 27th instant," and insert-
ing in lieu therehf, Tuesday, the 2d of November next.
Which amendment was concurred in.
That the House of Representatives is now ready to receive the Se-
nate in their Hall in convention, to elect a Register and Entry Taker
for the Ocoee District, in conformity to the joint resolution of both
houses of the General Assembly.
And then he withdrew.
Whereupon, mr. Speaker Tufney and gentlemen of the Senate, re-
paired to the Hall of the House of Representatives, for the purpose
of electing a Register and Entry Taker in the Ocoee District
i34
JOURNAL OF
A call of the Senate being demanded,
Those of the Senators who were present were:
Messrs. Ashe, Bradberry, Foster, Frey, Gardner, Hardwicke, Jen-
nings, Johnson, Laughlin, Ledbetter, Maclin, Martin, Matthews, Mil-
ler, Motley Nelson, Peyton, Powell, Reneau, Ross, Sevier, Warner,
Waterhouse, Williams, and mr. Speaker Turney—25.
A call of the House of Representatives being had in like manner,<
when there appeared 73 gentlemen of the House who answered:
And the resolution proposing that the Senate meet the House in their
Ilall on this day, for the purpose of electing an E ltry Taker and Reg-
ister for the Ocoee District, and concurred in by the Senate, being
read,
The Speaker of the Senate put the question:
Shall the convention of both Houses of the General Assembly now
proceed to elect a Register for the Ocoee District ?
Which being determined in the affirmative,
When mr. Standifer nominated Jonathan C. Tipton of Bradley
county, and mr. Rowles nominated Pleasant I. R. Edwards of Brad-
ley county, as candidates for the office of Register.
Whereupon, the convention proceeded, viva voce, to elect a Regis-
ter for the Ocoee District.
Those gentlemen of the Senate who voted for mr. Tipton, were:
Messrs. Ashe, Bradberry, Foster, Frey, Jennings, Ledbetter, Mat-
thews, Motley, Nelson, Peytoti, Reneau, Sevier, Waterhouse, and
Williams, 14—in like manner the votes cast by the House of Repre-
sentatives for mr. Tipton, were 39—ih all 53.
Those gentlemen of the Senate who voted for mr. Edwards, were:
Messrs. Gardner, Hardwicke, Johnson, Laughlin, Maclin, Martin,
Miller, Powell, floss, Warner, and mr. Speaker Turney, 11—in like
manner the imtes cast by the House of Representatives for mr. Ed-
wards, were 35—in all 46.
Whereupon, the Speaker of the Senate declared that Jonathan C.
Tipton was duly and constitutionally elected Register of the Ocoee
District, for four years from the 9th day of December next—the day
on which the term of the present incumbent expires.
The Speaker of the Senate then put the question:
Shall the convention proceed in the election of Entry Taker of the
Ocoee District?
Which being determined in the affirmative,
Whereupon, mr. Ross nominated Luke Lea of Bradley county, and
mr. Hembree nominated John Mee of Bradley county, candidates for
said office:
And said Convention proceeded, viva voce, to elect an Entry Taker
for the Ocoee District.
Those gentlemen of the Senate who voted for Mr. Lea were:
Messrs. Ashe, Bradberry, Foster, Frey, Jennings, Ledbetter, Motley,
Miller, Nelson, Peyton, Reneau, Sevier, Waterhouse, and Williams, 14
—in like manner the votes cast by the House of Representatives for
mr. Lea, were 41—making in all 55.
Those gentlemen of the Senate who voted for Mr. Mee, were:
THE SENATE
Messrs. Gardner, Hardwicke, Johnson, Laughlin, Maclilb Martin?
Matthews, Powell, Ross, Warner, and mr. Speaker Turney, bl~-ia
like manner the votes cast in the House of Representatives fox hQX.
Mee, were 34—in all 45.
Whereupon, the Speaker of the Senate declared that Luke Lea was
duly and constitutionally elected Entry Taker for the Ocoee District,
for four years from the 9th day of December next—the day Op which
the term Of the present incumbent in said office expires*
The convention then rose,
And mr. Speaker Turney and gentlemen of the Senate returned to
their own Chamber and resumed their Session—when,
On motion of mr. Nelson,
The Senate adjourned until 2 o'clock, p. m«
evening. session.
A message from the House of Representatives by Mr. Mitchell, their
clerk:
Mr. Speaker ; The House of Representatives have taken up and
considered the Senate's amendment to the resolution of the House,
relating to the election of Solicitor General for the 4th Judicial Circuit
—which amendment proposes that said election shall take place on
u Tuesday the 2d of November next," and in which amendment the
House concurs.
The House of Representatives have adopted a resolution proposing
that the Senate meet the House iri their Hail on the 10th of November
next, to elect an Attorney General in the 11th Judicial Circuit, in place
of E. W. M. King, the present incumbent—in which the House asks
the Senate to concur.
Also, a resolution proposing that the committee on Agriculture and
Manufactures, on. the part of both Houses of the General Assembly,
be a joint committee—in which the House asks the concurrence of the
Senate.
I am also directed to transmit to the Senate the petition of citizens
of Giles county, lying West of the Congressional line and North of the
8th Surveyor's District, praying to be attached to the Surveyor's Dis-
trictof Maury county.
Also, the petition of citizens of Henry county, praying the repeal of
the act of 1829, on the subject of public nuisances.
Also, the following engrossed bills, to wit;
A bill to appoint Commissioners to settle the business of the Board
of School Commissioners of Sevier county.
Read a third time and passed, Oct. 26, 1841.
A bill giving further time for obtaining grants in the Hiwassee and
OcOee Districts.
Read a third time and passed, Oct. 26, 1841.
In which the House asks the concurrence of the Senate.
And then he withdrew.
The Senate proceeding in the consideration of the question: Shall
the resolution submitted by mr. Reneau, proposing to elect two Sena
136
JOURNAL OF
ors in the Congress of the U. States from the State of Tennessee, be
now taken np,
And pending the discussion thereof,
Mr. Johnson addressing the Speaker,
Mr. Maclin moved that the Senate do adjourn.
And said motion was declared by rnr. Hardwicke, in the Chair, to be
in order.
The Senate adjourned untii to-morrow morning, 9 o'clock.
THURSDAY MORNING, Oct. 28, 1841.
The Senate met pursuant to adjournment.
Mr. Peyton presented the instructions of 934 citizens of Jackson coun-
ty, directed to the Honorable Samuel Turney, a Senator from the coun-
ties of White, Overton, Fentress, and Jackson, tequesting him to vote
for two Whig Senators to the Congress of the United States from the
State of Tennessee, and such individuals as shall receive the nomina-
tion and general support of the Whig party in the Legislature of which
lie is a member.
Which being read, was,
On motion of mr. Peytoil,
Laid on the table.
Mr. Foster, from the committee on the Judiciary, to whom had been
referred,
A bill to provide for and secure femes covert in the possession and
enjoyment of property—
Submitted the following report:
The Judiciary Committee, to whom was referred " A bill to provide
and spcure femes covert in the possession and enjoyment of property,"
have had the same under consideration, and after mature deliberation
thereon had, have directed me to report said bill with certain
amendments, and recommend its passage.
Which amendments being read, were adopted.
Said bill and amendments thereto, being read a third time,
On motion of mr. Waterhouse,
Said bill, with the amendments thereto, was laid on the table.
On motion of mr. Warner,
It is ordered that 50 copies of said bill, with the amendments there-
to, be printed for the use of the Senate.
Mr. Foster also reported favorably on " A bill to amend the law for
the collection of corporation taxes in the town of Knoxville," and re-
commended its passage.
Which was read a third time.
Mr. Hardwicke moved to amend the caption of said bill by inserting
therein, " and the town of Charlotte."
Which amendment was adopted.
And said bill, with the amendment therein, being read a third time,
was passed.
The ayes and noes being constitutionally demanded,
Those who voted in the affirmative were :
THE SENATE.
137
Messrs. Ashe, Bradberry, Foster, Frey, Gardner, Hardwicke, Jen-
nings, Ledbetter, Motley, Maclin, Nelson, Peyton, Reneau, Sevier,
Waterhouse, Williams, and Speaker Turney—11.
Those who voted in the negative were:
Messrs. Johnson, Martin, Matthews, Miller, Ross, and Warner—S.
And so said bill was passed on its third reading.
Was ordered to be engrossed and transmitted to the House of Rep-
resentatives.
Mr. Foster also reported that the committee have had under consid-
eration " A bill to provide for the payment of certain public charges,"
and recommended an amendment thereto, and with said amendment,
the passage of the bill.
And said bill, with the amendment thereto, being read a third and
last time,
The question, Shall said bill, with the amendments, pass ?
Was determined in the affirmative—ayes 23, noes 1.
The ayes and noes being constitutionally demanded,
Those who voted in the affirmative were:
Messrs. Ashe, Bradberry, Foster, Frey, Gardner, Hardwicke, Jen-
nings, Johnson, Laughlin, Ledbetter, Maclin, Martin, Matthews, Miller,
Motley, Nelson, Peyton, Reneau, Ross, Sevier, Waterhouse, Warner,
and Willliams—23.
Mr. Speaker Turney voting in the negative—1.
And so said bill was passed on its third and last reading,
And ordered to be engrossed and transmitted to the House of Rep-
resentatives.
On motion of Mr. Peyton,
The Senate took up the consideration of
A bill from the House of Representatives, to amend the act of 1811,
chapter 2, in relation to penalties and forfeitures,"
Was read a third time.
Mr. Laughlin, moved and introduced an amendment, which was
read and accepted.
On motion of Mr. Hardwicke,
Leave was granted him to withdraw said bill for amendment, which
he returned without amendment.
Mr. Martin moved to amend the last section of said bi]l by striking
out the words "two years" and inserting in lieu thereof "nine months."
Which motion prevailing, said amendment was adopted.
And said bill with the amendments thereto, was read a third time.
The question, "shall said bill as amended pass ?" was determined in
the affirmative—ayes, 21—noes, 3.
The ayes and noes being demanded,
Those who voted in the affirmative are:
Messrs. Ashe, Bradberry, Foster, Frey, Gardner, Hardwicke, Jen-
nings, Laughlin, Ledbetter, Maclin, Martin, Miller, Nelson, Peyton,
Reneau, Ross, Sevier, Waterhouse, Warner, Williams, and Mr. Speak-
er Turney—21.
Those who voted in the negative are:
Messrs. Johnson, Matthews, and Motley.
And so said bill was passed on its third and last reading—and ordered
138
JOURNAL OF.
to be engrossed and transmitted to the ^douse of Representatives.
Mr. Foster introduced
A bill to amend the act of 1794, chapter 1, and the act of 1837,
chapter 131.
Which was read a first time' and passed.
Mr. Jennings submitted the following:
Resolved, That a Select committee be appointed, with instructions
to take into consideration, and report upon so much of the present
Governor's message as relates to the Unfair competition now existing
between the labor of the convicts of the Penitentiary and the mechan-
ical industry of the State.
Which being read was ordered to be laid on the table.
A message from the House of Representatives by Mr. Mitchell, their
cierk:
Mr. Speaker: I am directed by the House of Representatives to
transmit to the Senate, its bill No. 18, to repeal the 9th section of chap.
68, of the acts of 1833.
Also, the Senate's bill no. 24, to amend the act of 1813, chapter
119.
Which bills were read a third and last time and passed the House of
Representatives.
And he then retired.
On motion of Mr. Ross,
The Senate took up the consideration of the fnessage from the House
of Representatives proposing that the Senate meet the House in its
Hall on Friday the 5th day of November next, for the purpose of
electing an Attorney General in the 8th judicial circuit of the State of
Tennessee.
Which being read was concurred with.
Ordered that the clerk acquaint the House therewith.
Mr. Speaker Turney presented
A certificate of the clerk of the county court of Dyer county, sta-
ting the number of free white males of the age of twenty-one years
and upwards, in said county—taken under an act of the General As-
sembly of the State of Tennessee, passed 29th January, 1840.
Which was ordered to lie on the table.
On rnotionof Mr. Maclin,
The Senate renewed the consideration of the question, calling up
the resolution introduced by Mr. Reneau, proposing to meet the House
of Representatives in their Hall on Monday the 1st day of November
next, for the purpose of electing two Senators in the Congress of the
United States from the State of Tennessee.
And pending the discussion thereof,
On motion of Mr. Ross,
The Senate adjourned until & o'clock, p. m.
evening session.
A message from the House of Representatives by Mr. Mitchell, their
clerk *
THE SENATE.
139
Mr. Speaker : The House of Representatives have taken up and
considered the amendment of the Senate to
A hill from the House, to amend the act of 1811, chapter 2, in rela-
tion to penalties and forfeitures.
In which amendments the Hohse of Representatives concur.
And then he withdrew. '
The Senate resumed the consideration of the question calling up the
resolution submitted by Mr. Reneau, proposing to meet the House
of Representatives in the Representative Hall, on the first Moriday in
November, 1841, for the purpose of electing two Senators; one in the
room of the Honorable Felix Grundy, deceased, and the other for six
years from the 4th of March last, that being the time when the term
for which the Hon.'11 ugh L. VVhite was elected, expired.
And the discussion on the motion to take up said resolution for the
consideration of the Senate thereon to be had, being concluded, the
question was put,
Shall the resolution be now taken up ?
And was determined in the negative—ayes, 12—noes, 13.
Those who voted in the affirmative are:
Messrs. Ashe, Bradberry, Foster, Frey. Jennings, Ledbetter, Motley,
Nelson, Peyton, Reneau, Sevier, and Williams—12.
Those who voted in the negative are:
Messrs. Gardner, Hardwicke, Johnson, Langhlin, Maclin, Martin,
Matthews, Miller, Powell, Ross, Waterhouse, Warner, and Speaker
Turney—13.
So said motion to take up and consider said resolution was reject-
ed.
Mr. Speaker Turney submitted the following :
Resolved by the General Assembly of the State of Tennessee, That
the Senate meet the House of Representatives in their Hall, on
day of , to elect a Senator in the Congress of the United States,
to fill the unexpired term of Felix Grundy, deceased.
Which being read was ordered to the table.
Mr. Speaker Turney submitted the following;
Resolved by the General Assembly of the State of Tennessee, That
the Senate meet the House of Representatives in their Hall on
day of — to elect a Senator in the Congress of the United States
for six years from the fourth of March last.
Which being read, was ordered to the table.
Mr. Laughlin gave notice that he should call up the resolution on
Federal relations, by him submitted on the 16th instant, on Tuesday
morning, the 2d of November next.
Mr. Frey, from the Committee on Enrollments, reported, as correct-
ly enrolled,
An act to repeal the 9th section of chapter 68 of tfie acts of 1833.
Mr. Frey from the same committee, also reported as correctly enroll-
ed,
An act to amend the act of 1813, chapter 119.
The Speaker of the Senate signed said enrolled acts respectively
140
JOURNAL OF
and ordered said acts, to be transmitted to the House of Representa-
tives.
On motion of Mr. Nelson,
The Senate adjourned until to-morrow morning 9 o'clock.
FRIDAY, October 29, 1841.
On motion of Mr. Hardwicke,
The Senate took up the consideration of
A bill for the relief of Wm. B. Young & Co.
Which being read—Mr. Hardwicke asked and obtained leave to
withdraw said bill for amendment.
On motion of Mr. Reneau,
The Senate took up the consideration of
A bill from the House of Representatives to charter the Sevier
county Turnpike company. •
Which was read a first time and passed.
On motion of Mr. Ledbetter,
Said bill was referred to the committee on Internal Improvements.
On motion of mr. Laughlin,
Ordered, That the journal of yesterday be amended, in relation to
an amendment offered by him to a bill from the House of Representa-
tives to amend the act of 1811, chap. 2, in relation to penalties and for-
feitures, upon its third and last reading.
Which amendment was adopted, and is in the following words, to
wit:
" And provided the party so liable shall first pay the amount of ta^,
or perform the duty for which the penalty was incurred, before he shall
be released, or the money refunded."
A message from the House of Representatives, by mr. Mitchell, their
clerk:
Mr. Speaker : I am directed to transmit to the Senate a petition
from the President and Directors of the Branch Bank of Tennessee
at Clarksville, praying the Legislature to authorize each Branch of said
Bank, to fix the salaries of their Bank officers.
Which was read in the House of Representatives, and ordered to be
transmitted to the Senate.
That the Speaker of the House of Representatives had signed the
following enrolled bills:
" An act to amend the act of 1813, chap. 119also,
"An act to repeal the 9th section of chap. 68, of the acts of 1833."
And then he withdrew.
Ordered, by the Speaker of the Senate, that said enrolled acts be de-
posited in the office of the Secretary of State.
On motion of mr. Jennings,
The Senate took up the consideration of a resolution by him sub-
mitted on yesterday, relative to the competition of the labor of con-
victs in the Penitentiary with the mechanical industry of the State.
Which being read,
Mr. Jennings proposed the following amendment, to. wit;
THE SENATE.
141
Said committee shall not be confined in their investigation, to the
suggestions made in the message here alluded to, but shall have full
power over the whole subject of this resolution.
Which amendment was accepted; and being read,
■Said resolution; with the amendment, was adopted.
On motion of mr. Ledbetter,
The Senate took up the consideration of the message from the House
ef Representatives, non-concurring in the re-commitment of the report
of the joint select committee on the printing of the laws and journals
of .both Houses of the General Assembly, and the joint job printing at
the present session, to said committee with specific instructions j and
that the Senate now recede from the. re-commitment of said report to
said jeint select committee.
And the question being thereon had, was determined in the affirma-
five.
So the Senate receded in the re-commitment of said report to said
committee.
The question then recurred upon the adoption of the report of the
chairman of the joint select committee upon the printing the laws and
journals, and the joint job printing of the present General Assembly.
When mr. Laughlin submitted the following:
Resolved, by the General Assembly of the State of Tennessee, That.
E. G. Eastman be, and he is hereby appointed public printer to the
General Assembly, to print the journals of both Houses, and laws and (
resolutions, and reports of the decisions of the Supreme court, on his
entering into bond and security to do said work at the rate of 62 cents
per 1000 ems,-and the same per token for press work, and the binder's
bills, with the addition of 100 per cent, for rule and figure work, and
no advance on the price of paper beyond the paper-maker's price for
the same.
Which being lead, was offered and submitted in lieu of the report
of the joint select committee on printing, &c., recommending that Don-
•aid Cameron be appointed to execute the printing in said report men-
tioned.
When mr. Turney moved to lay the report of the committee, with
the resolution submitted by mr. Laughlin in lieu thereof, on the table.
Mr. Nelson renewed the motion to lay said report of the committee,
with the resolution submitted by mr. Laughlin, on the table; and the
sense of the Senate being had thereon, said motion was adopted
On motion of mr. Ashe,
The Senate adjourned until 2 o'clock, p. m.
evening^ session.
Mr. Speaker Turney presented a Certificate of the clerk of the County
court of Perry county, showing the number of free white males of the
age of twenty years and upwards, taken under the act of the 29th
January, 1'840.
Which was laid on the table.
The Senate took up the consideration of
142
JOURNAL OF
A bill to amend the act of 1794, chap. 1, and the act of 1837, chap.
137.
Which was read a second time and passed.
The Senate took up the consideration of
A bill from the House of Representatives to authorize Thomas La-
nier, of the county of Wayne, to open and keep in repair a Turnpike
Road.
Which was read a first time and passed.
On motion of Mr. Foster,
Said bill was laid on the table.
Mr. Reneau moved to take up the resolution by him submitted, thp.t
the Senate meet the House of Representatives in their Hall on Monday
next, for the purpose of electing two Senators in the Qongress of the
United States from the State of Tennessee.
Mr. Reneau consented to withdraw said motion, giving precedence
to the unfinished business of the morning.
The Senate took up the consideration of
A bill from the House of Representatives, to appoint commissioners
to settle the business of the late board of common school commission-
ers of Sevier county.
Which wtas read a first time and passed.
The Senate took up the consideration of
A bill from the House of Representatives, giving further time for
obtaining grants in the Hiwassee and Ocoee Districts.
Which was read a first time and passed.
The Senate took up the consideration of
A bill from the House of Representatives, to amend the Militia law
of this State.
Which was read a first time and passed.
The Senate took up the consideration of
A bill to amend the practice in the Chancery Courts.
Which, with the amendments thereto, being read a third time,
The question, Shall the bill pass, was had, and determined in the af-
firmative—ayes 14, noes 11.
The ayes and noes being demanded,
Those who voted in the affirmative were:
Messrs. Ashe, Bradberry, Foster, Frey, Gardner, Iiardwicke, Jen-
nings, Laughlin, Ledbetter, Matthews, Reneau, Ross, Sevier, and mr.
Speaker Turney—14.
Those who voted in the negative were:
Messrs. Johnson, Maclin, Miller, Motley, Nelson, Peyton, Powell,
Waterhouse, Wainer, and Williams—10.
And so said bill passed its third and last time.
Was ordered to be engrossed and transmitted to the House of Rep-
resentatives.
Mr. Reneau renewed his motion to take up a resolution by him sub-
mitted on the 22d instant, proposing to meet the House of Represen-
tatives in their Hall on the first Monday in November, 1841, for the
purpose of electing two Senators—one in the room of the Hon. Felix
Grundy, deceased, and the other for six years from the 4th of March
THE SENATE.
143
last, that being the time when the term for which the Hon. Hugh L.
White was elected expired.
Which being read,
The question, Will the Senate take up the consideration of said
resolution, was had, and determined in the negative-^-ayes 12, noes 13.
The ayes and noes being demanded,
Those who voted in the affirmative were :
Messrs. Ashe, Bradbury, Foster, Frey, Jennings, Ledbetter, Motley,
Nelson, Peyton, Reneau, Sevier, and Williams—12.
Those who voted in the negative were:
Messrs. Gardner, Hardwicke, Johnson, Laughlin, Maclin, Martin,
Matthews, Miller, Powell, Ross, Waterhouse, Warner, and mr. Speak-
er Tutney—13.
And so said motion to take up said resolution yras rejected.
On motion of mr. Ross,
The Senate took up the consideration of the petition of citizens of
the county of Giles, praying that part of Giles county, lying West of the
Congressional reservation line and North of the 8th Surveyor's District,
be attached to the Survevor's District of Matiry county.
Which being read, was, on motion of hir. Ross, referred to the com-
mittee on Public Lands.
Mr. Ledbetter introduced
A bill to amend the act of 1831, chapter 52,. requiring the decisions
of the Supreme Court to be published.
Which was read a first time and passed.
A message from the House of Representatives, by mr. Mitchell, their
clerk.
Mr. Speaker : It is proposed by the Plouse of Representatives that
the names of all absent members belonging to the committee on Banks,
at their regular sessions be reported—and asks the Senate to concur
therein.
And then he withdrew.
On motion of mr. Powell,
The Senate took up the report of the joint select committee on pub-
lie printing.
Which being read,
Mr. Ledbetter submitted the following resolution, in lieu of the
amendment offered by mr. Laughlin in lieu of the report of the com-
mittee on public printing—which, is as follows:
Resolved, That the printing of the Acts and Journals be given to
Donald Cameron upon the terms' proposed by him, which are as fol-
lows.
Murfreesborough, Tennessee, Oct. 19, 1841.
To the Joint Committee of the Legislature on Public Printing:
Genteemen : The undersigned having but recently become the pro-
prietor of the Murfreesborough Telegraph establishment, is desirous of
obtaining the public printing.
Having in the hurry of the moment, when I put in my bid for the
Journals of both Houses, omitted to put in a bid for the Acts for the
present Legislature, I now propose to do them on the following terms,
144
JOURNAL OF
to wit: I will print the Acts for sixty-two and a half cents per 1000
ems, and the same per token for press-work j for paper, I will charge
what it costs me. The account of the binder for folding, stitching and
binding, will be added.
All of which is respectfully submitted.
DONALD CAMERON.
Upon his entering into bond and security as required by law.
Mr. Laughlin moved that he have leave to withdraw the resolution
by him submitted this morning.
Which motion was rejected.
Mr. Warner moved to lay the resolution of mr. Laughlin and mr.
Ledbetter, respectively submitted as amendments, on the table.
The ayes and noes being demanded thereon,
Those who voted in the affirmative are :
Messrs. Gardner, Hardwicke, Johnson, Laughlin, Maclin, Martin,
Matthews, Miller, Powell, Ross, Waterhouse, Warner and Speaker
Turney—13.
Those who voted in the negative are:
Messrs. Ashe, Bradbury, Foster, Frey, Jennings, Ledbetter, Nelson,
Peyton, Reneau, Sevier and Williams—11.
So said motion prevailed.
Mr, Laughlin submitted the following!
Resolved, That E. G. Eastman be, and he is hereby appointed pub-
lie printer to this General Assembly, upon his giving bond and security
according td law, for the printing of the journals of both blouses, the
laws and resolutions of the session, and Humphreys' Reports of the
decisions of the Supreme court, at the prices and terms bid by him, and ex-
plained by him through the sub-committee on printing, and his bid to print
the laws being hereby intended to require him to print Humphreys'
Reports; and when he has given bond, and the same is approved,
he shall enter on the duties of his appointment, in lieu of the report of
the committee; which being read, v
Mr. Ledbetter submitted the following in lieu of the resolution last
submitted by mr. Laughlin, which is as follows, to wit:
Resolved by the General Jlssembly, That Donald Cameron be, and
he is hereby appointed public printer to this General Assembly, to
print the journals of both Houses, and laws and resolutions, and re-
ports of decisions of Supreme court, on his entering into bond and se-
curity, to do said work at the rate of 61i cents per thousand ems, and
the same per token for press work, and the binder's bills, with the ad-
dition of 100 per cent, for rule and figure work, and the paper-maker's
price for paper; which being read, when
Mr. Johnson moved to strike out of the resolution the words " Don-
aid Cameron and
The ayes and noes being demanded thereon,
Those who voted in the affirmative are:
Messrs. Gardner, Hardwicke, Johnson, Laughlin, Maclin, Martin,
Matthews, Miller, Powell, Ross, Waterhouse and Warner—12.
Those who voted in the negative are:
Messrs. Ashe, Bradbury, Foster, Frey, Jennings, Lebetter, Nelson,
Peyton, Reneau, Sevier, Williams and Speaker Turney—12.
THE SENATE.
143
And so said motion to strike out was rejected.
jVJr, Foster moved that the Senate adjourn until to-morrow morning
9 o'clock.
Which motion was rejected.
Mr. Foster moved that the report of the joint select committee, with
the accompanying documents therein referred to, with the several res-
olutions submitted, in lieu of said report, and of each other, be laid on
the table.
And the sense of the Senate being thereon had, ordered that said
report, and accompanying documents, with the resolution submitted
touching the same, be laid on the table.
On motion of Mr. Foster,
The Senate adjourned until to-morrow morning 9 o'clock.
SATURDAY Oct. 30, 1841.
On the 22nd instant Mr. Jennings submitted the report of the Su-
perintendent of Public Instruction.
[For said report see Appendix.]
Which report, on motion of Mr. Laughlin, was referred to the com-
mittee on Education and Common Schools.
Mr. Speaker Turney presented a communication from the Southern
Literary Messenger, published at Richmond, Va., contained in itsnum-
ber for Oct., 1841, on the subject of the Navy and Naval Affairs of
the United States.
Which being read,
On motion of Mr, Foster,
Was referred to the committee on Federal Relations.
The Secretary of State presented a report of the President, Direc-
tors and Company of the Louisville, Cincinnati, and Charleston Rail
Road.
Which was read and transmitted to the House of Representatives.
A message from the House of Representatives by Mr. Mitchell, their
clerk:
Ma. Speaker: I am directed by the House of Representatives to
transmit to the Senate
A bill to amend an act entitled an act to extend the jurisdiction of
Justices of the Peace, passed November 30,1837 •, and
A bill giving further time for making surveys and obtaining grants
on entries heretofore made.
Which bills were read a third and last time and passed.
In which the House ask the concurrence of the Senate.
And he then retired.
The Senate took up the consideration of
A bill from the House of Representatives, to amend the Militia law
of this State.
Which being read,
Mr. Bradbury asked and Obtained leave to withdraw said bill for a-
mendment.
10
148
JOURNAL OF
The Senate took up the consideration of
A bili from the House of Representatives, to appoint commissioners
to settle the business of the late board, of (Common school commission-
ers of Sevier county.
Which was read a second time and passed.
A bill from the House of Representatives, giving further time for
obtaining grants in the Hiwassee and Ocoec Districts,
Was read a second time and passed.
A bill from the House of Representatives giving further time for
making surveys and obtaining grants heretofore made,
Was read a first time and passed.
A bill from the House of Representatives to amend an act entitled
an act to extend the jurisdiction of Justices of the Peace—passed No-
vember 30, 1837,
Was read a fiist time and passed.
The Senate took up the consideration of
A bill to amend the act of 1831, chapter 52, requiring the decisions
of the Supreme Court to be published.
Which was read a second lime and passed.
On motion of Mr. Frey,
Tfie Senate took up the consideration of the memorial of the Pres-
ident and Directors of the Branch Bank of Tennessee at Clarksville.
Which being read,
On motion of Mr. Frey,
Was referred to the Committee on Banks.
Mr. Matthews introduced
A bill to amend the militia laws of this State.
Which was read 0 first time and passed, and
On motion of Mr. Matthews,
S;»i 1 bili was referred to the Committee on Military Affairs.
Iiis Excellency, James C. Jonesy Governor of the State of Tennes-
se*v, transmitted lo the Senate by John S. Young, Secretary1 of State,
the folio wing message :
tj^illenen of the Senate
an'* House of Representatives :
1 have received a copy of the proceedings of the Stockhold-
ws >f the Louisville, Cincinnati and Charleston Rail Road Company—
and c n act of the Legislature of South Carolina, authorising said
company to reduce their stock, and for other purposes; which I here-
tvith transmit for your consideration.
JAMES C. JONES.
Executive Office, Oct. 29, 1841.
Which being read was transmitted to the House of Representatives.
Mr..Laughlin submitted the following;
Resolved, That the President and Directors of the Bank of Tennes-
see be required to communicate to the Senate whether since the last
session the General Assembly they have found it necessary for the
proper transaction of the business of the Bank to employ any addi-
tional Clerk to the number provided for by law; and whether the bu-
sinessand interest of said institution, due regard being had to econo-
THE SENATE.
147
my, at this time in the opiuion of the President and Directors of said
Bank requires the employment of any One or more qlerks in addition
to the number now provided by law.
Which being read, was, on motion of Mr. Laoghlin, laid on the ta-
ble.
The Senate took up the consideration of a message from the House
of Representatives, proposing that the Senate pieet the House in their
Hall on the 10th day of November next, for the purpose of electing
an Attorney General in the 11th judicial circuit of the State of Ten-
nessee.
Which being read, on motion of Mr. Macli'n, was laid on the ta-
ble.
On motion of Mr. Foster,
The Senate took up the consideration of the message, proposing
that the Chain-pan of the Bank Committee report to the two Houses
of this General Assembly the names of all gbsent membeis of said
committee at their regular meetings, and that the names of said absen-
tees be reported and entered upon the journal of that branch of the
Legislature, to which he may belong.
Which was read and the Senate non-concur therein.
Ordered, That the Clerk acquaint the House of Representatives
therewith.
The Senate took up the consideration of
A bill to amend the act of 1794, chap. 1, and the act of 1837, cliap,
131,
Being read a third time, the question
Shall the bill pass ?
Was had aud determined in the affirmative—ay' S 18-—noes, 4.
The ayes and noes being demanded,
Those who voted in the affirmative were:
Messrs. Ashe, Bradberry, Foster, Frey, Hardwicke, Jennings,
Laughlia, Ledbetter, Matthews, Nelson, Peyton, Powell, Eeneau,
Ross, Sevier, Watefhouse, Warner, and Speaker Turney—18.
Those who voted in the negative were:
Messrs. Johnson, Maclin, Martin, and Miller—1.
And so said bill passed on its third and last reeding,
Was ordered to be engrossed and transmitted to the IlouSe of Rep-
rescntatives.
Mr. Johnson moved to take up the report of the joint select com-
mittee on the printing of the journals and laws of this General As-
sembly and the joint job printing of both Houses, with several amepd-
ments proposed thereto.
When nir. Foster moved that the Senate adjourn until Monday
morning next.
And said motion having precedence,
The Senate adjourned until Monday ipoming next, at 9' o'clock.
148
JOURNAL OF
MONDAY, Nov. 1, 1841.
A message from the House of Representatives by nr. Mitchell, their
clerk:
Mr. Speaker : I am directed to transmit to the Senate a report of
the Secretary of State, with accompanying documents, in relation to
the Pelharn and Jasper Turnpike Company.
The House of Representatives have adopted a resolution that the
Senate meet the House in their Hall on Wednesday the 2d instant, for
the purpose of electing an Attorney General for the 10th Judicial Cir*
cuit.
In which they ask the concurrence of the Senate*
And then he withdrew.
Mr. Miller presented the petition of Jacob Weaver, praying the
Legislature to pass a law directory to the Entry Taker of the Ocoee
District, to refund to him certain moneys paid by him, through mistake,
to the said Entry Taker.
The petition of John Weaver, praying the Legislature to pass a law
directory to the Entry Taker of the Ocoee District, to refund to him
certain moneys paid by him to the Entry Taker of said District,
through mistake.
The petition of citizens of the Hiwassee District, pra3ring the Gen-
clal Assembly to memorialize the Congress of the United States to ex-
tend to the State of Tennessee the right to pass a law to sell the School
Land in said District, for the use.of the respective townships in which
said land lies.
The petition of Mark Littleton, praying the Legislature to pass a
law directing the Entry Taker of the Ocoee District, to refund to him
certain moneys paid by him to the Entry Taker of said District through
mistake.
On motion of mr. Miller,
Said petitions are severally laid on the table.
Mr. Laughlin presented the memorial of 55 ministers of the Ten-
nessee Conference of the Methodist Episcopal Church, praying the
Legislature that the tippling act might not be repealed.
Which being read,
On motion of mr, Laughlin,
Was ordered to be transmitted to the House of Representatives.
Mr. Laughlin submitted the following:
Resolved, That the Senate will meet the House of Representatives
in the Representative Hall, for the purpose of electing a Superintend-
entof Public Instruction, on Friday the 5th instant, at 11 o'clock/a. m
Which being redd,
On motion of mr. Laughlin,
The resolution requiring said resolution to lie over one day, being
suspended, said resolution was adopted.
Ordered, that the clerk acquaint the House of Representatives there-
With.
Mr. Ledbetter presented a petition of sundry citizens of the coun-
ties of Cannon and Rutherford, to alter the lines between the counties
THE SENATE
149
of Cannon and Rutherford, and attach a small part of Rutherford to
Cannon county.
Which being read,
Mr. Ledbetter introduced,
A bill to alter the dividing line between Rutherford and Cannon
counties.
Which was read a first time and passed.
On motion of mr. Ashe,
The Senate took up the consideration of a message from the House
of Representatives, proposing to postpone the election of Attorney
General for the 10th Judicial Circuit, from the 1st to the 2d day of
November, 1841.
Which being read, was concurred in. (
Ordered, that the clerk acquaint the House of Representatives there-
with.
On motion of mr. W aterhouse,
The Senate took up the consideration of the message from the House
of Representatives, proposing that the Senate meet the House at their
Hall on Wednesday the 3d day of November, 1841, for the purpose of
electing an Attorney General for the 6th Judicial Circuit.
Which being read—was,
On motion of mr. Jennings,
Laid on the table.
Mr. Gardner introduced
A bill to execute the provisions of an act of Congress, entitled "an
act to amend the act entitled an act to authorise the State of Tennes-
see to issue grants and perfect titles to certain lands therein described,
and to settle the claims to the vacant and unappropriated lands within
the same," approved February 18,1841, chap. 6.
Which was read a first time and passed.
On motion of mr. Foster,
Said bill was referred to the committee on Public Lands.
The Senate took up the consideration of
A bill from the House of Representatives, to appoint Commissioners
to settle the business of the Board of Common School Commissioners
of Sevier county—on its third reading.
Mr. Reneau offered the following amendment to said bill:
Sec. 5. Be it enacted, That upon the presentation of an order
signed by the County Trustee of Sevier county, or any member of the
Board of Trustees of the Nancy Academy, in Sevier county, to the
Comptroller of the Treasury, he shall issue his warrant to the Trea-
surer of the State for such sum as may be found due said Academy.
Sec. 6. Be it enacted, That upon the receipt of the money contem-
plated by the foregoing section, by the Trustee of the county, or by
either of the members of the Board of Trustees of said Academy, it
shall be the duty of the person so receiving the same to pay said mo-
ney over, on demand, to the order of the Board of Trustees, any law
to the contrary notwithstanding.
Which amendment being read, was adopted.
So said bill with amendment was read a third and last time,
150
JOURNAL OF
And the question, " sha ll the bill pass ?" was had and determined in
the affirmative*
And so said bill, passed on its third and last reading.
Was ordered to be engrossed and transmitted to the House of Rep-
lesentatives.
A message from the House of Representatives, by mr. Mitchell, their
clerk.
Mr. Speaker : A petition from citizens of Henry county, praying
relief for persons building Mills, and a petition of citizens of Hickman
county, praying that Moses Moore be permitted to sell spirituous liquors
without a license, in less quantities than a quart—were severally read
in the House of Representatives, and ordered to be transmitted to the
Senate.
No. 16, an engrossed bill to change the time of holding the Chancery
Courts in Lewisburg, Marshall county.
No\ 66. An engrossed bill to incorporate a literary institution in the
town of Maryville, Blount county, to be styled the " Maryville Col-
lege."
Which bills have been severally read a third time and passed: in
which the House aujts the concurrence of the Senate.
And then he withdrew.
The Senate took up the consideration of
A bill to prm ide for and secure femes covert in the possession and
enjoyment of property—
On ils third and lu«l reading.
Mr. Foster offered the following amendment:
Sec. 7. Br it enacted, That so much of the second and third sec-
tions of this act as secures to the wife her share of the personal proper-
ty in case of insolvency of the husband's estate, shall operate only to
the exclusion of the creditors of the husband, becoming such after the
past age of this act.
YV hich amen 1 unit being read, was adopted.
And said bill, with the amendments thereto, being read a third and
last time, the question, Shall the bill pass? was had thereon, and de-
termiiled in the affirmative—yeas 18, nays 3.
The ayes and lines being demanded,
Th >se who voted in the affirmative are:
Messrs. Ashe, Bradbury, Foster, Frey, Gardner, Hardwicke, Jen-
nings, Laughlin, Ledbetter, Martin, Nelson, Powell, Reneau, Ross,
Sevier, Waterhouse, Warner and Speaker Turney—18.
Those who voted in the negative are:
Messrs. Johnson, Matthews and Miller—3.
And so said bill passed its third and last reading, was ordered to be
engrossed and transmitted to the House of Representatives.
On motion of mr. Gardner,
The Senate took up the consideration of a message from the House
4of Representatives, proposing that the Senate meet the House of Rep-
resentatives in their Hall on Wednesday the 2d instant, to elect an At-
torney General for the loth Judicial circuit of the State of Tennessee.
Which being read, was concurred in.
THE SENATE.
151
Ordered, that the Clerk acquaint the House therewith.
On motion of mr. Matthews,
The Senate took up 011 its second reading,
A bill to authorize Thomas Lanier of the County of Wayne to
open and keep in repair a Turnpike road.
Mr. Matthews offered the following amendment:
Sec. 10. Be it enacted, That the commissioners of said Turnpike
road, shall have the same measured and plainly mile-marked, begin-
ning at the Hardin county line, and running to the xMabaraa State line,
and shall keep the same in good repair as required by their charter,
and in case they shall fail to do so, they shall be subject to indictment
and presentment as overseers of public roads are indictable and pun-
ishable in like cases.
Which being read,
Mr. Turney moved to strike out of said amendment, the word " com-
missioner," and insert in lieu thereof the word " proprietor."
Which motion, prevailing,
Mr. Laughlin moved to strike out the words "thirty years," and in-
isert in lieu thereof "twenty years."
Which motion prevailed.
Mr. Martin moved to amend the bill by striking out the words
" twe ntv-fi ve dollars.''
Which being considered, was rejected.
And said bill, as amended, was read a second time and passed.
The Senate took up, on its second reading,
A bill from the House of Representatives, giving further time for
making surveys and obtaining grants on entries heretofore made.
Which, on motion of mr. Laughlin, was laid on the table.
The Senate took up the consideration of
A bill from the House of Representatives to amend an act entitled
"an act to extend the jurisdiction of justices of the peace," passed Nov.
50, 1837.
Which was read a second time.
Mr. Foster moved the indefinite postponement.
Mr. Warner moved to amend said bill by adding the following:
Provided, That no endorser shall be made liable in the manner pro-
vided for in this act, unless he has made a special endorsement, waiv-
ing demand and notice.
Which amendment was rejected.
The question then recurred on the indefinite postponement of said
bill.
The ayes and noes being demanded by mr. Johnson,
Those who voted in the affirmative were :
Messrs. Ashe, Foster, Frey, Gardner, Jennings, Maclin, Martin, Nel-
eon, Reneau, Ross and Sevier—11.
Those who voted in the negative are :
Messrs. Bradbury, Hardwicke, Johnson, Laughlin, Ledbetter, Mat-
thews, Miller, Powell, Waterhouse, Warner, Williams and Speaker
Turney—12.
And so the motion to postpone said bill indefinitely was rejected.
152
JOURNAL OF
The question then recurred upon the passage of the bill.
The ayes and noes being demanded,
Those who voted in the affirmative are;
Messrs. Bradbury, Hardwicke, Johnson, Laughlin, Ledbetter, Mat-
thews, Miller, Powell, Waterhouse, Warner, Williams and Speaker
Turney—12.
Those who voted in the negative are :
Messrs. Ashe, Foster, Frey, Gardner, Jennings, Maclin, Martin,
Nelson, Reneau, Ross and Sevier—11.
And so said bill passed a second time.
Mr. Foster presented a communication from messrs. James \Villiams,
E. G. Eastman and Donald Cameron, withdrawing the proposals by
them severally submitted, and referred to the joint select committee of
both Houses of this General Assembly on the subject of printing the
laws and journals, and joint job printing.
Which was read and laid on the table.
Mr. Johnson presented proposals signed by Jas. Williams, E. G.East-
man, A. M. Roseborough and Donald Cameron, to print the Journals
and Acts of this General Assembly, and Humphreys' Reports, at the
following rates, to wit:
For composition of plain work, 95 cents per 1000 ems; for rule or
figure work, 50 per cent, will be added; for rule and figure work, 100
per cent, will be added; for press-work, 95 cents per token ; for paper,
the papermaker's price will be charged, with an addition of 10 per
cent, for wastage. The binder's bill also to be added.
For the faithful performance of the work according to law, the un-
dersigned will enter into bond with approved security.
JAMES WILLIAMS,
E. G. EASTMAN,
A. M. ROSEBOROUGH,
DONALD CAMERON.
Which being read, was laid on the table.
Mr. Johnson submitted the following:
Resolved, by the General Assembly of the State of Tennessee, That
A. M. Roseborough, Donald Cameron, James Williams and E. G. East-
man be, and they are hereby employed to execute the printing of the
Acts and Journals of this Legislature, and Humphreys' Reports, at the
following rates, to wit:
For composition of plain work at 95 cents per 1000 ems, with an
addition of fifty per cent, for rule or figure work, or 100 for rule and
figure work; for press-work 90 cents per token; for paper, the paper-
maker's price, with the addition of 10 per cent, for wastage—the bind-
er's bill for stitching, &c., to be added. And that the said Roseborough,
Cameron, Williams and Eastman,-shall enter upon the execution of
the foregoing public printing, so soon as they enter into bonds for its
faithful performance according to law.
Which being read, was laid on the table.
Mr. Gardner submitted the following:
Resolved by the General Assem bly of the State of Tennessee, That
the Secretary of State be, and he is directed to adjudicate a land war-
THE SENATE.
153
rant, No. 1239, purporting tp have been issued by William Hill, Secre-
tary of State of North Carolina, dated 27th October, 1835, for the be-
nefit of the heirs of Jeremiah Bullock, for nine hundred and fourteen
acres of land, and certify the same, if found on adjudication to be a
bona fide warrant: Provided, before the Secretary shall adjudicate
said warrant, it shall be established by satisfactory testimony, that the
heirs of the said Jeremiah Bullock, or the assignee or assignees of the
said Jeremiah Bullock, have not already received land for the consid-
eration for which said warrant issued—that said warrant was issued
by said William Hill, and that the interest of said warrant was, and is,
at the time of adjudication, in the heirs of the said Jeremiah Bullock.
Which being read, was laid on the table.
The Senate took up the consideration of
A bill on its third and last reading, from the House of Representa-
tives, giving further time for obtaining grants in the Hiwassee and
Ocoee districts;
Which was read a third and last time.
The question, Shall the bill pass ? was had thereon, and determined
in the affirmative.
And so said bill was passed a third and last time, and ordered to be
engrossed and transmitted to the House of Representatives.
On motion of mr. Jennings,
The Senate adjourned until 2 o'clock, p. m.
evening session.
The Senate took up the consideration of
A bill from the House of Representatives, to incorporate a literary
institution in the town of Maryville, Blount county, to be styled the
Maryville College.
Which was read a first time.
Mr. Johnson offered the following amendment;
Be it further enacted, That nothing in this act shall be so construed
as to prevent any subsequent Legislature from altering, amending,
mocftfying or repealing this act at any time, when in the opinion of the
Legislature, the public good may require it.
Mr. Johnson demanded the ayes and noes upon the adoption of the
amendment by him to said bill proposed.
Mr, Ledbetter objected to said amendment proposed by mr. Johnson,
alleging that it was out of order, and contrary to the rules of the gov-
ernment of the Senate, and called upon the Speaker to decide.
The Speaker decided that the amendment at this time was proper,
and within the rules adopted for the government of the Senate.
From which decision of the Speaker, mr. Ledbetter appealed to the
Senate.
And the sense of the Senate being had thereon, sustained the deci-
sion of the Speaker.
The question then recurred, on the amendment proposed by mr. John-
son.
The ayes and noes being demanded,
154
JOURNAL OF
Those who voted in the affirmative were :
Messrs. Gardner, Hardwicke, Johnson, Laughlin, Maclin, Martin,
Matthews, Miller, Powell, Ross, Waterhouse, and Warner—12.
Those who voted in the negative were:
Messrs. Ashe, Bradberry, Foster, Frey, Jennings, Ledbetter, Nelson,
Peyton, Reneau, Sevier, Williams, and Speaker Turney—12.
And before the vote of the Senate on said amendment was an-
nounced by the Speaker,
On motion of mr. Renean,
Said bill, with the proposed amendment, was laid on the table.
On motion of mr. Peyton,
The Senate took up the consideration of a message from the House
of Representatives, proposing that the Senate meet the House of Rep-
resentatives in their Hall on the 10th instant, to elect an Attorney Gen-
eral for the 11th Judicial Circuit of the State of Tennessee.
Which being read, the Senate concur therein.
Ordered that the Clerk of the Senate acquaint the House of Repre-
sentatives therewith.
Mr. Matthews introduced
A bill more effectually to provide for the poor.
Which was read a first time and passed.
The Senate took up the consideration of a message from the House
of Representatives, proposing that the Senate meet the House in their
Hall on the 3d day of November, 1841, for the purpose of electing an
Attorney General for the 6 th Judicial Circuit.
Which being read,
On motion of mr. Jennings,
Was laid on the table.
Mr. Laughlin submitted the following:
Resolved, That the Senate will meet the House of Representatives
in the Representative Hall on Friday the 5th instant, at 11 o'clock, a.
m„ for the purpose of electing a Superintendent of Public Instruction.
Which being- read,
On motion of mr. Laughlin,
The rule being suspended, said resolution was adopted.
Ordered, that the clerk acquaint the House of Representatives there-
with.
On motion of mr. Turney,
The Judiciary Committee was discharged from the further consid-
oration of
A bill to establish a Chancery Court at Sparta in White county.
The Senate took up the consideration of
A bill to establish a Chancery Court at Sparta, in the county of
White, upon its third and last reading.
Which being read a third and last time,
The question, "shall the bill pass?" was had thereon, and deter-
mined in the affirmative—ayes 23, noes none.
The ayes and noes being demanded,
Those who voted in the affirmative are:
Messrs. Bradbury, Foster, Frey, Gardner, Hardwicke, Jennings,
THE SENATE.
155
Johnson, Laughlin, Ledbetter, Maclin, Martin, Matthews, Miller, Nel-
son, Peyton, Powell, Reneau, Ross, Sevier, Waterhouse, Warner, Wil-
liams and Speaker Turney—23.—Nays, none.
And so said bill passed upon its third and last reading,
Was ordered to be engrossed and transmitted to the House of Rep-
resentatives.
On motion of mr. Turney, mr. Foster in the Chair,
The Senate adjourned until to-morrow morning 0 o'clock.
TUESDAY, Nov. 2; 1841.
Mr. Foster, from the Committee on the Judiciary, to whom was re-
fetred
A bill to amend an act passed in 1825, chap. 52, for the correction
of errors in grants,
Report that they have Jiad the same under consideration, and had
instructed him to recommend its passage.
Mr. Foster, from the same, to whom had been referred
^Bill to authorize guardians in certain cases to expend more than
the interest on the estates of their wards in their maintenance,
Report that said committee had instructed hint to return said bill
without amendment.
Mr. Foster moved to lay said bill on the table—which was adopted.
Mr. Martin, from the committee on Education and Common Schools,
to whom had been referred a resolution directory to s^id committee to
inquire into the expediency of abolishing the office of Superintehdhnt
of Public Instruction, and transferring the duties of that office to the
Bank of Tennessee and the Comptroller of the Treasury,
Reports that they have had the same under consideration and have
directed him to report that, at the present time, it would be inexpedient
and detrimental to the interests of the State, to aboiish said office.
Mr. Martin, from the same, to whom had been referred the petition
of sundry citizens of Rhea and Meigs counties, praying the Legisla-
ture to pass a law to have but one Commissioner elected in each town-
ship in said counties for the term of four years, and for other purposes,
and have directed him to report that the prayer of the petitioners is
unreasonable, and should be rejected.
Mr. Martin/from the same, to whom had been referred the report of
the Superintendent of Public Instruction, and hqve directed him to re-
port that the Senate order the printing of 1500 copies for the use of
the Senate.
Mr. Martin, from the same, reports that the copinlittee have had
under consideration
A bill to consolidate the funds and to provide for W 0pe instead pf
two separate classes of Common Schools in the HiWasseo and Ocoee
Districts, in the State of Tennessee,
And have directed me to report that said bill should pass with an
amendment thereto.
All of which is respectfully submitted.
BARKLEY MARTIN, Chairman
Committee on Education and Common Schools.
156
JOURNAL OF
Ordered, that 1500 copies of the report of the Superintendent of
Public Instruction be printed for the use of the Senate, as recommend,
ed by the Committee on Education and Common Schools, to whom
said report had been referred.
The Sepate took up the consideration of a bill from the House of
Representatives to amend an act passed in 1825, chapter 52, for the
correction of errors in grants.
Which was read a third and last time.
The question, " shall the bill pass ?" was had, and determined in
the affirmative—yeas 21, nays none.
The ayes and noes being demanded,
Those who voted in the affirmative are :
Messrs, Ashe, Bradbury, Foster, Frey, Gardner, Hardwicke, Jen-
nings, Johnson, Laughlin, Ledbetter, Martin, Matthews, Miller, Nel-
son, Peyton, Powell, Reneau, Ross, Sevier, Waterhouse, Williams,
and Speaker Turney—21.—Noes, none.'
So said bill was passed a third and last time,
And ordered to be transmitted to the House of Representatives.
The Senate took up the consideration of
A bill to consolidate the funds and to provide for but one instead of
two separate classes of Common Schools in the Hiwassee and Ocoee
District, in the State of Tennessee.
Which being read a Second time,
Mr. Laughlin asked and obtained leave to withdraw said bill for
amendment.
On niotioii of Mr. Peyton,
The Senate took mp the consideration of a message from the House
of Representatives, proposing that the Senate meet, the House of Rep-
resentatives in the Representative Hall on Wednesday the 3rd instant
for the purpose of electing an Attorney General for the sixth judicial
Circuit of the State.
Which being read,
Mr. Peyton moved to amend said Resolution by striking out the
word "third" and insert in lieu thereof, the words "twenty-fourth."
Which being .considered said amendment was rejected.
The question then recurred upon the concurrence of the resolution
adopted by the House of Representatives, which being had the Sen-
ate concur therein.
Ordered that the clerk acquaint the House of Representatives there-
with.
Mr. Laughlin returned
A bill to consolidate the funds and to provide for but one instead of
two separate classes of Common Schools in the Hiwassee and Ocoee
Districts in the State of Tennessee—
By him withdrawn for amendment; with the following amend-
ments, by striking out the following, being part of the 14th section of
said bill to-wit:
" If judgment be recovered in such suit against said Commissioners
a fee of ten dollars, shall be taxed to the Attorney General in the bill
the Senate.
157
of costs, but if the Chairman be cast in said suit, there shall be no
judgment for costs."
Mr. Laughlin also further amended said bill by striding out part of
the 16th section as follows, to-wit:
«The Attorney General of any District, in which school lands
are situate, without security for the costs, and the Attorney General
shall attend such suit in behalf of the plaintiff, if the plaintiff recover
in said suit, a fee of twenty dollars shall be allowed the Attorney Gen-
eral in the bill of costs, but if the plaintiff be cast, there shall be no
judgment for costs."
Mr. Laughlin further amended said bill by striking out of said 16th
section the amendment reported by the committee on Education and
Common Schools, to whom said bills had been referred, as Follows:
" Provided that no fee shall be taxed to the Attorney General unless
the same shall be adjudged and deemed proper by the Court; and in
all such cases the Court shall determine whether the plaintiff or de-
fendant shall pay said fee."
Mr. Laughlin further amended the 16th section of said act by add-
ing thereto the following :
" The School Commissioners appointed under the authority of this
act and shall be prosecuted at their instance Under the same rules of
other actions of ejectment."
Which amendments were adopted.
And said bill as amended was read a Second time and passed.
On motion of Mr. Powell,
The Senate took up the consideration of a resolution that A. M*
Roseborough, Donald Cameron, James Williams and E. G. Eastman
be employed to execute the laws and journals of the present General
Assembly and Humphrey's Reports of the decisions of the Supreme
Couit, upon the terms therein set forth and proposed.
Which being read was adopted.
Ordered, That the clerk acquaint the House of Representatives
therewith, and ask their concurrence therein.
On motion of Mr. Laughlin,
The Senate took up the consideration of a resolution directory to
the President and directors of the Bank of Tennessee and that they
communicate to the Senate whether since the last session of the Gener-
al Assembly they have found it necessary to employ any additional
clerks in the transaction of the business of said bank to those appoint-
ed by law, and if in the opinion of said President and Directors the
business and interest of said bank requires one or more additional
clerks.
Which being read, was adopted.
Ordered, That the Clerk, acquaint the President and Directors of said
Bank with the adoption of this resolution, and direct their attention
thereto, &c.
The Senate took up the consideration of
A till to alter the dividing lines between Rutherford and Cannon
counties.
Mr. Laughlin offered the following amendment thereto:
158
JOURNAL OF
Sec. 2. Be it enacted, That, the county line "between Warren an-
Cannon counties shall be so rim as to run up the fork of the Barren
Fork, called the Bull-pen Fork, from the place where the said line now
crosses the same, with the meanders of said fork to Daniel Mansel's
spring, and from said spring a north-east course to Samuel Edmonson's
barn, at the place where William Bates formerly lived, now called
Claremont; and from said barn a due north-east course, leaving said
Edmonson's dwelling-house in Warren county, to a point where said
line will intersect the line between said counties, as heretofore run and
established; and the said line, as above described is hereby established
as the line between said counties; and the same is hereby altered in
conformity with the above calls: Provided, said county of Cannon
shall not be reduced below her constitutional limits.
Which amendment was adopted.
Said bill and amendments were read a second time and passed.
The Senate took up the consideration of
A bill from the House of Representatives, to increase the jurisdiction
of justices of the peace, passed Nov. 30, 1837.
On motion of mr. Foster,
Said bill was ordered to the table.
The Senate took up the consideration of
A bill from the House of Representatives, to authorize Thomas La-
nier, of the county of Wayne, to open and keep in repair a Turnpike
r >ad.
W hich bping read,
Mr. Matthews moved to strike out the last line of the 9th section of
said bill, the word "twenty," and insert "thirty."
Which amendment was adopted.
Mr. Johnson offered the following amendment to said bill, to wit:
Be it further enacted, That nothing in this act shall be so construed
a-* to prevent any 1'ulUre Legislature from altering, amending, modify-
ing or repealing the charter, when in the opinion of the Legislature
ihc public good may require the same to be done.
\ \ hich amendment being read, when
M . .lohnson demanded the ayes and noes upon the adoption of said
amendment; which being had, was determined in the negative—ayej
ID, noes 14.
Tho* e who voted in the affirmative are :
Mcsirs. Gardner, Hardwicke, Johnson, Laughlin, Maclin, Martin,
Powell, Ross, Watcrhouse and Warner—10.
Those who voted in the negative are :
Messrs. Ashe, Bradbury, Foster, Frey, Jennings, Ledbetter, Mat-
thews, Miller, Nelson, Peyton, Rcneau, Sevier, Williams and Speaker
Turney—14.
So said amendment was rejected.
Said bill, as amended, was read a third time and passed, and ordered
to be transmitted to the House of Representatives, and that the con-
currence of the House to the amendments thereto adopted, be request-
ed.
On motion of mr. Ledbetter,
The Senate adjourned until 2 o'clock, p. in.
THE SENATE.
159
evening session.
The Senate took up the consideration of
A bill from the House of Representatives, to change the time of
holding the Chancery Courts in Lewisburg, Marshall county.
Which, on motion of mr. Warner, was laid on the table. Also,
A bill to provide more effectually for the poor.
Which being read,
On motion of mr, Foster,
Was referred to the committee on the Judiciary.
Mr. Nelson introduced
A bill to increase the number of Trustees of the Knoxville Female
Academy.
A message from the House of Representatives, by Mr. Mitchell, their
clerk;
Mr. Speaker : The House of Representatives are now ready to
receive the Senate in the Representative Hall, for the purpose of elect-
ing an Attorney General for the 10th Judicial Circuit, and an Attorney
General for the 4th Judicial Circuit.
And then he withdrew.
Whereupon, mr. Speaker Turney and gentlemen of the Senate re-
paired to the Hall of the House of Representatives, for the purpose of
electing an Attorney General in the 6th Judicial Circuit, and an Attor-
ney General for the 4th Judicial Circuit.-
A call of the convention of both Houses of the General Assembly
being demanded,
Those of the Senators who answered were:
Messrs. Ashe, Bradbury, Foster, Frey, Gardner, Hardwicke, Jen-
nings, Johnson, Laughlin, Ledbetter, Maclin, Martjn, Matthews, Mil-
ler, Motley Nelson, Peyton, Powell, Reneau, Ross, Sevier, Warner,
Waterhouse, Williams, and mr. Speaker Turney—25.
A call of the House of 'Representatives being ha4 in like manner,
when 74 gentlemen answered :
The resolution proposing that the Senate meet the House in Con-
vention in the Representative Hall on this day to elect an Attorney
General for the 10th Judicial District, being read, the Speaker of the
Senate put the question :
Shall the convention proceed in the election of an Attorney General
for the 10th Judicial Circuit?
Which was determined in the affirmative,
Mr. nominated William B. Grove,
Mr* nominated Timothy E. Scurlock,
Mr. nominated Joseph T.Talbot,
As candidates for said office of Attorney General.
The convention then proceeded, viva voce, to elect an Attorney Gen-,
eial for the 10th Judicial Circuit.
Those gentlemen of the Senate \Vho voted for mr. Grove, were:
Messrs. Ashe, Bradbury, Foster, Frey, Jennings, Ledbetter, Motley,
Nelson, Peyton, Reneau, Sevier, and Williams, 12—in like manner
the votes cast by the House of Representatives were 32—in all 44.
160
JOURNAL OF
Those gentlemen of the Senate who voted for mr. Scurlock, were;
Messrs. Martin, Miller, Waterhouse, and Speaker Turney, 4—in
like manner the votes cast by the House of Representatives for mr.
Scurlock, were 8—in all 12.
Those gentlemen of the Senate who voted for mr. Talbot, were:
Messrs. Gardner, Hardwicke, Johnson, Laughlin, Maclin, Matthews,
Powell, Ross, and Warner, 9—in like manner the votes cast by the
House of Representatives, were 34—in all 43.
Neither of the candidates having received a majority of all the votes
cast in said convention, the Speaker of the Senate declared that there
was no election, and put the question :
Shall the convention proceed further in said election?
Which being determined in the affirmative,
Said convention proceeded a second time, viva voce, to elect an At-
terney General for the 10th Judicial Circuit.
Those gentlemen of the Senate who voted for Mr. Grove were:
Messrs. Ashe, Bradberry, Foster, Frey, Jennings, Ledbetter, Motley,
Nelson, Peyton, Reneau, Sevier, and Williams, 12.—in like manner
the votes cast by the House of Representatives for Mr. Grove were
32—in all 44.
Gentlemen of the Senate who voted for Mr. Scurlock are:
Messrs. Martin, Miller, Waterhouse, and Speaker Turney, 4.—In
like manner the votes cast by the House of Representatives for Mr.
Scurlock were 7—in all 11.
Gentlemen of the Senate who voted for Mr. Talbot were :
Messrs. Gardner, Hardwicke, Johnson, Laughlin, Maclin, Mat-
thews, Powell, Ross, and Warner, 9.—In like manner the votes cast
by the House of Representatives for Mr. Talbot were 35—in all 44.
Neither of the candidates having received a majorityof all the votes
cast in said convention, the Speaker of the Senate declared that there
was no election, and put the question,
Shall the convention proceed further in said election ?
Which being determined in the affirmative, the Convention proceed-
ed, viva voce, a third time in the election of an Attorney General for
the 1 Oth j udicial circuit.
Those gentlemen of the Senate who voted for Mr. Grove were:
Messrs. Ashe, Bradbury, Foster, Grey, Jennings, Ledbetter, Motley,
Nelsonr Peyton, Reneau, Sevier, and Williams, 12.—In like manner
the votes cast by the House of Representatives for Mr. Grove were 32
—in all 44.
Those gentlemen of the Senate who voted for mr. Scurlock, were:
Messrs. Miller, Waterhouse, and Speaker Turney, 3—in like man-
ner the votes cast by the House of Representatives for mr. Scurlock,
Were 6—in all 9.
Those gentlemen of the Senate who voted for Mr. Talbot are:
Messrs. Gardner, Hardwicke, Johnson, Laughlin, Maclin, Martin,
Matthews, Powell, Ross and Warner, 10—in like manner the votes
cast by the House of Representatives for mr. Talbot were 36—in all
46.
Neither of said candidates having a majority of all the votes cast in
THE SENATE.
161
said convention, the Speaker of the Seriate declared that there was no
election, and put the question,
Sh ill the convention proceed further in said election ?
Which being determined in the affirmative, the convention proceed-
ed viva voce, a fourth timey to elect an Attorney General for the 10th
Judicial circuit.
Those gentlemen of the Senate who voted for mr. Grove are:
Messrs. Ashe, Bradbury, Foster, Frey, Jennings, Ledbetter, Motley,
Nelson, Peyton, Reneau, Sevier and Williams, 12—rin like maimer the
votes cast in the House of Representatives for mr. Grove were 31—in
all 43.
Mr. Speaker Turney voted for mr. Scurlock, 1—in like manner the
votes cast by the House of Representatives for mr. Scurlock were 8—
in all 9. <
Those gentlemen of the Senate who voted for mr. Talbot are:
Messrs. Gardner, Hardwicke, Johnson, Laughlin, Maclin, Martin,
Matthews, Miller, Powell, Ross, Waterliouse and Warner, 12—in like
manner the votes cast by the House of Representatives for mr. Talbot
were 35—in all 47.
Neither of the candidates having a majority of all the votes cast in
said convention, the Speaker of the Senate declared that there was no
election, and put the question,
Shall the convention proceed farther in said election ?
Which being decided in the affirmative, the convention proceeded
viva vorc3 a fifth time, to elect an Attorney General for the 10th Judi-
cial circuit.
Those gentlemen of the Senate who voted for mr. Grove, were:
Messrs. Ashe, Bradbury, Foster, Frey, Jennings, Ledbetter, Motley,
Nelson, Peyton, Reneau,-Sevier, and Williams, 12—in like manner
the votes cast by the House of Representatives for mr. Grove were 33
—in all J5.
In Senate, mr. Speaker Turney voting for mr. Scurlock, 1—in like
manner the votes in the House of Representatives for mr. Scurlock
were 5—in all C.
Those gentlemen of the Senate who voted for mr. Talbot were :
Messrs. Gardner, Hardwicke, Johnson, Laughlin, Maclin, Martin,
Matthews, Miller, Powell, Ross, Waterhouse and Warner, 12—in like
manner the votes cast in the House of Representatives for mr. Talbot
were 3G—in all 48.
Neither of said candidates having received a majority of all the votes
-cast in said convention, the Speaker of the Senate declared that there
was no election, and put the question,
Shall the convention proceed further in said election ?
Which being determined in the affirmative, the convention proceeded
viva voce, a sixth time, to elect an Attorney General for the 10th Jucfi-
cial circuit.
Those gentlemen of the Senate who voted for mr. Grove were:
Messrs. Ashe, Bradbury, Foster, Frey, Jennings, Jjedbetter, Motley,
Nelson, Peyton, Reneau, Sevier and Williams, 12—in like manner the
11
162
JOURNAL OF
votes cast in the House of Representatives for rar. Grove were 29—
—in ail 41.
In Senafe mr. Speaker Turney voting for mr. Scurlock—in like man-
ner the votes cast in the House of Representatives for mr. Scurlock
were 7—in all 8.
Those gentlemen of the Senate voting for mr. Talbot were:
Messrs. Gardner, Hardwicke, Johnson, Laughlin, Maclin, Martin,
Jtfatthews, Miller, Powell, Ross, YVaterhouse and Warner, 12—in like
manner the votes cast in the House of Representatives for mr. Talbot,
38—in all making 50—which being a majority of all the votes cast in
said contention, the Speaker of the Senate thereupon declared that
Joseph H. Talbot was duly and constitutionally elected Attorney Gen-
era! for the 10th Judicial circuit of the State of Tennessee, for six years
from the .
The convention then proceeded viva voce, to elect an Attorney Gen-
eral for the 4th Judicial circuit.
The gentlemen being in nomination as candidates for said office
were messrs. M. M. Bryan, John M. Savage, John A. Minnis, A. N.
Looney and Gideon Matlock.
Those gentlemen of the Senate who voted for mr. Matlock were:
Messrs. Gardner, Hardwicke, Johnson, Maclin, Martin, Matthews,
Warner and Speaker Turney, 8—in like manner the votes cast in the
House of Representatives for Matlock were 22—making in all SO.
Those gentlemen of the Senate who voted for mr. Looney were:
Messrs. Bradbury, Motley, Peyton, Powell and Reuean, 5—in like
manner the votes in the House of Representatives for mr. Looney were
18—making in all 23.
Those gentlemen of the Senate who voted for mr. Savage were:
Messrs Laughlin, Ross and Waterhouse, 3—the votes cast in the
House of Representatives for mr. Savage were 12—in ail 15.
Those gentlemen of the Senate who voted for mr. Bryan were:
Messrs. Ash1., Foster, Frey, Jennings, Ledbetter, Miller, Nelson,
Sevier, ahd Williams, .9. The votes cast in the House of Representa-
tivesfor Mr. Bryan were 13—in all 22.
The vote cast in the House of Representatives for Mr. Minnis were
iO.
Neither of the candidates having received a majority of all the rotes
cast in said convention, the Speaker of the Senate declared that there
was no election, and put the question,
Shall the convention proceed further in said election ?
Which being determined in the affirmative, the Convention proceed-
ed, viva voce, a second time in the election of an Attorney General for
the 4th judicial circuit.
Those gentlemen of the Senate who voted for Mr. Matlock were:
Messrs. Gardner, Hardvicke, Johnson, Maclin, Martin, Matthews,
Warner, and Speaker Turney, 8—in like manner the votes cast by
the House of Representatives for mr, Matlock were 24—in ail 32.
Those gentlemen of the Senate who voted for mr. Looney, were:
Messrs, Bradbury, Motley, Peyton, Powell, and Piencau, 5.—In
THE SENATE.
like manner the votes cast by the House of Representatives for mr.
Looney were 19—in all 24.
Those gentlemen of the Senate who voted for air. Savage are :
Messrs. Laughlin, Ross, and Waterhouse, 3.—The vote cast by the
House of Representatives for mr. Savage were 13—in all 16.
Gentlemen of the Senate who voted for mr. Bryan, were :
Messrs. Ashe, Foster, Frey, Jennings, Ledbetter, Miller, Nelson,
Sevier, and Williams, 9.—In the House of Representatives the vote
cast formr. Bryan being 11—in all 20.
The votes cast by the House of Representatives for mr. Minnis were
8.
Neither of the candidates having received a majority of all the votes
cast in said convention, the Speaker of the Senate declared that there
was no election, and put the question :
Shall the convention proceed further in said election?
Which being determined in the affirmative,
The convention proceeded, viva voce, a third time to elect ah At-
torney General for the 4th Judicial Circuit.
Thos^ g cntlenrcn of the Senate who voted for mr. Matlock were :
Messrs. Gardner, Hardwicke, Johnson, Maclin, Martin, Mat-
thews, W rimer, and Speaker Turney, 8—The votes cast by the
House of Representatives for mr. Matlock were 26—in all 34.
Gentleiqen of the Senate who voted for mr. Looney \\ ere :
Messrs. Bradbury, Foster, Peyton, Powell, and Rcueau, 5.—The
votes cast by the House of Representatives for inr. Looney were 22
—in ail 27.
Those gentlemen of the Senate who voted for mr. Savage, were:
MessrsT Laughlin, Ross, and Waterhouse, 3.—The votes cast by
the House of Representatives for inr. Savage were 11—in all 14,
Gentlemen of the Senate who voted for mr. Bryan were :
Messis. Ashe, Frey, Jennings, Ledbetter, Milier, Motley, Nelson,
Sevier, and Williams, 9.—the votes cast by the House of Represen
datives for mr. Bryan were 9—in all 18.
The votes cast in the House of Representatives for mr. Minnis wert
7.
Neither of the candidates having received a majority of all the
voies cast in seid convention, the Speaker of the Senate declared that
there was no election, and put the question,
Shall the convention proceed in said election ?
When the convention adjourned to meet again in the Hall of the
House of Representatives on to-morrow to proceed further in said
election.
Whereupon, Mr. Speaker Turney and gentlemen of the Senate re-
turned to l:ie Senate chamber, and resumed their session.
On motion of mr. Nelson,
The Senate adjourned until to-morrow morning 9 o'clock.
164
JOURNAL OF
WEDNESDAY, Nov. 3, 1841.
Mr. Speaker Turney and gentlemen of the Senate repaired to the
Hall of the House of Representatives, the Speaker of the Senate and
Speaker of the House of Representatives in the Chair.
The Convention was called to order by the Spqakcr of the Senate
and the Roll of Senators called, when twenty-five answered.—There
were present seventy-five Representatives.
The Speaker of the Senate put the question,
Shall the Convention proceed in the election of an Attorney Gener-
al for the 4th judicial circuit ?
Which being determined in the affirmative, the convention proceed-
ed, viva voce, a fourth time in said election.
Those gentlemen of the Senate who voted for mr. Matlock, were:
Messrs. Gardner, Hardwicke, Johnson, Maclin, Matthews, Miller,
Warner, and Speaker Turney, 9—The votes cast by the House of
Representatives for mr. Matlock, were 31—-in all 40.
Senators who voted for mr. Looney, were :
Messrs. Ashe, Bradbury, Foster, Frey, Jennings, Ledbetter, Motley,
Nelson, Peyton, Rowed, lleneau, Sevier, and Williams, 13.—The
votes cast by the House of Representatives for Mr. Looncy were 30
—in all 43.
Senators who voted for mr. Savage, were ^
Messrs. Laughiin, Ross, and Waterhouse, 3.—The vote cast in the
House of Repr^sinlatives for mr. Savage were 14—in ail 17.
Neither of said candidates having received a majority of all the
votes cast in said convention, the Speaker of the Senate declared that
there was no election. W lien the name of mr. Looney was withdrawn,
the Speaker of the Senate put the question,
W ill the convention proceed further in said election ?
Which being deteimined in the affirmative, the convention proceed-
cd, viva voce, a fifth time to elect an Attorney General for the fourth
judicial circuit. '
The Senators who voted for Mr. Matlock, were:
M jc-.rs. Foster, Gardner, Hardwicke, JohnsOn, Maclin, Martin, Mat-
thews, Miller, Motley, W arner, and Speaker Turney, 11.—The votes
cast in the House of Representatives were 34—in all 45.
Gentlemen of the Senate who voted for John H. Savage were:
Messrs. Ashe, Bradbury, Frey, Jennings, Ledbeticr, Laughiin,
Nelson, Peyton, Powell, Reneau, Ross, S( vier, Waterhouse, and
Williams, 14.—The votes cast in the Plouse of Representatives for
jnr. Savage "being 39—in ail 53 votes, being a majority of the votes
cast in said convention.
Whereupon, Mr, Speaker Turney, declared that John H. Savage was
duly and constitutionally elected Attorney General for the fourth judi-
cial circuit, in the State of Tennessee, from the day of October, in
the year eighteen hundred and forty-two.
A resolution adopted by the House of Representatives and concur-
m by the Senate, proposing that the Senate meet the House in
ita iaail on this day, for the purpose of electing an Attorney General
THE SENATE.
165
for the 6th Judicial Circuit in the State of Tennessee, was read in Con-
vention.
The Speaker of the Senate put the question:
Shall the Convention proceed to elect an Attorney General for the
6th Judicial Circuit for the State of Tennessee ?
Which being determined in the affirmative,
When mr. Foster nominated mr. Perkins, mr. Berry nominated mr.
Allen, mr. Frey nominated mr. Turner, mr. Bradbury nominated mr.
Smiley, and mr. Peyton nominated mr. Trimble, as candidates for said
office.
The convention then proceeded, viva■ voce, to elect an Attorney Gen-
cral for the 6th Judicial Circuit.
Those Senators who voted for mr. Perkins, were:
Messrs. Ashe, Foster, Ledbetter, Motley, Nelson, and Speaker Tur-
ney, 6—the vote cast in the House of Representatives for mr. Perkins
and reported, being 21—in all 27.
Those Senators who voted for mrT Allen, were :
Messrs. Gardner, Hardwicke, Johnson, Laughlin, Maclin, Martin,
Matthews, Powell, VVaterhouse, and Warner, 10—the vote cast in the
House of Representatives for mr. Allen and reported, being 31—in
all 41.
Those Senators who voted for mr. Turner, were:
Messrs. Frey and Sevier, 2—the votes cast of the House of Repre-
sentatives formr. Turner as reported, being 9—in all 11.
Those Senators who voted for mr. Trimble, were :
Messrs. Jennings, Miller, Peyton, Reneau, Ross, and Williams, 6—
the votes cast'in the House of Representatives for mr. Trimble and re-
ported, being 11—in ail 17.
Mr. Bradbury, a Senator, voting for mr. Smiley—the vote cast in
the House of Representatives for mr. Smiley, and reported, being 3—
in all 4.
Neither of said candidates having a majority of the votes cast in
said convention, the Speaker of the Senate declared that there was no
election, and put the question:
Will the convention proceed in said election?
Which being determined in the affirmative,
The convention proceeded, viva voce, a second time in said election.
Those Senators who voted for mr. Perkins, were:
Messrs. Ashe, Foster, Ledbetter, Motley, Nelson, and Speaker Tur-
ney, 6—the votes cast in the House of Representatives for mr. Per-
kins and reported, being 21—in all 27.
Those Senators who voted for mr. Allen, were:
Messrs. Gardner, Hardwicke, Johnson, Laughlin, Maclin, Martin,
Matthews, Miller, Powell, VVaterhouse, and Warner, 11—the votes
cast in the House of Representatives for mr. Allen as reported, being
29—in all 40.
Those Senators who voted for mr. Turner, were:
Meessrs. Frey, and Sevier, 2—the votes cast in the House of Rep-
resentatives for mr. Turner as reported, being 11—in all 13.
Those Senators who voted for mr. Trimble, were:
166
JOURNAL OF
Messrs. Jennings, Peyton, Reneau, Ross, and Williams, 5—the votes
cast in the House of Representatives for mr. Trimble as reported, be-
ing 12—in all 17.
Senator Bradbury voting for mr. Smiley—the votes cast by the
House of Representatives being 2—in all 3—when mr. Smiley was
withdrawn.
Neither of cjid candidates having a majority of votes cast in said
convention, the Speaker of the Senate declared that there was no elec-
tion, and put the question:
Will the convention proceed in said election?
Which being determined in the affirmative,
The convention proceeded in said election, viva voce, a third time.
Those Senators who voted for mr. Perkins, were:
Messrs. Ashe, Bradbury, Foster, Ledbetter, Motley, and Speaker
Turney, 7—the votes cast in the House of Representatives for mr.
Perkins as reported, being 22—in all 29.
Those Senators who voted for mr. Allen, were :
Messrs, Gardner, Hardwicke, Johnson, Laughlin, Maclin, Martin,
Matthews, Miller, Powell, Waterhouse, and Warner, 11—the votes
cast in the House of Representatives for mr. Allen as reported, being
31—in all 42,
Those Senators who voted for mr. Turner, were:
Messrs. Frey, and Sevier 2—the votes cast of the House of Repre-
sentatives for mr. Turner as reported, being 11—in all 13.
Thos^ Senators who voted for mr. Trimble, were:
Messrs. Jennings, Peyton, Reneau, Ross and Williams, 5—the votes
cast of the House of Representatives for mr, Trimble as reported, be-
ing 11—in all 16.
Neither of said candidates having a majority of votes cast in said
convention, the Speaker of the Senate declared that there was no
election, and put the question:
Will the convention proceed in said election?
Which being determined in the affirmative,
The convention proceeded, viva voce, a fourth time to elect an At-
torney General for the 6th Judicial Circuit.
Those Senators who voted for mr. Perkins, were :
Messrs. Ashe, Bradbury, Foster, Ledbetter, Motley, Nelson, and
Speaker Turney, 7—the votes cast of the House of Representatives
being 22—iu all 29.
Those Senators who voted for mr. Allen, were:
Messrs. Gardner, Hardwicke, Johnson, Laughlin, Maclin, Martin,
Matthews^ Miller, Powell, Waterhouse, and Warner, 11—the votes
cast of the House of Representatives for mr. Allen as reported, being
31—in all 42.
Those Senators who voted for mr. Turner, were:
Messrs. Frey, and Sevier, 2—the votes cast of the House of Repre-
sentatives for mr. Turner as reported, being 9—in all 11.
Those Senators who voted for mr. Trimble, were :
Messrs. Jennings, Peyton, Reneau, Ross, and IV illiams, 5—the votes
THE SENATE.
167
cast of the flouse of Representatives for mr. Trimble as reported, be-
ing 13—in ail 18.
Neither of said candidates having a majority of all the votes cast in
said convention, the Speaker of the Senate declared that there was no
election, and put the question:
Will the Convention proceed in said election?
Which being determined in the affirmative,
The Convention proceeded, viva voce, a fifth time to elect an Attor-
ney General in the 6th Judicial Circuit.
Those Senators who voted for nir. Perkins, were:
Messrs. Ashe, Bradbury, Foster, Ledbetter, Motley, Nelson, and
Speaker Turney, 7—the votes cast of the House of Representatives
for mr. Perkins as reported, being 25—in all 32.
Those Senators who voted for nir. Allen, were:
Messrs. Gardner, Hardwicke, Johnson, Laughlin,Maclin, Matthews,
Miller, Powell, Water.iouse, and Warner, 11—the votes of the House
of Representatives for mr. Allen as reported, being 32—in all 43.
Those Senators who voted for mr. Turner, were:
Messrs. Frey, and Sevier, 2—the votes cast of the House of Repre
sentatives for mr. Turner as reported, being 9—in all 11.
Those Senators who voted for mr. Trimble, were:
Messrs. Jennings, Peyton, Reneau, Ross, and Williams, 5—the votes
cast of the House of Representatives for rnr. Trimble as reported, be
ing 9—in all 14.
Neither of said candidates having received a majority of all the
votes cast in said convention, the Speaker of the Senate declared that
there was no election, and put the question:
Will the convention now proceed in said election?
Which being determined in the affirmative,
The convention proceeded a sixth time, viva voce, to elect an Attor-
ney General in the 6th Judicial Circuit.
Tnose Senators who voted for mr. Perkins were:
Messrs. Ashe, Bradbury, Foster, Ledbetter, Motley, Nelson, and
Speaker Turney, 7—the votes cast of the House of Representatives
for mr. Perkins as reported, being 23—in all 30.
Those Senators who voted for mr. Allen, were:
Messrs. Gardner, Hardwicke, Johnson, Laughlin, Maclin, Martin,
Matthews, Miller, Powell, Waterhouse, and Warner, 11—the votes
cast of the House of Representatives for mr. Allen as reported, being
34—in ail 45.
Those Senators who voted formr. Turner, were:
Messrs. Frey, and Sevier, 2—the votes cast of the House of Repre-
sentatives for mr. Turner as reported, being 7—in all 9.
Those Senators who voted for mr. Trimble, were:
Messrs. Jennings, Peyton, Ross, anc* Williams, 5—the vote
cast of the House of Representatives for mr. Trimble as reported, be-
ing 11—in ail 16.
Neither of said candidates having received a majority of the votes
cast in said convention, the Speaker of the,Senate declared that there
was no election, and put the question:
168
JOURNAL OF
Will the convention proceed in said election?
Which being determined in the affirmative,
The convention proceeded a seventh time, viva voce, to elect an At-
torney General for the 6th Judicial Circuit.
Thdse Senators who voted for mr. Perkins, were:
Messrs. Ashe, Foster, Ledbetter, Motley, Nelson, and Speaker Tur-
ney, 6—the votes cast of the House of Representatives for mr. Per-
kins as reported, being 19—in all 25.
Those Senators who voted for mr. Allen, were:
Messrs. Gardner, Hardwicke, Johnson, Laughlin, Maclin, Martin,
Matthews, Miller, Powell, Waterhouse, and Warner, 11—the votes
cast of the House of Representatives for mr. Allen being 36—in all 47.
Those Senators who voted for mr. Turner, were:
Messrs. Bradbury, Fxey, and Sevier, 3—the votes cast of the House
of Representatives being 9—in all 12.
Those Senators who voted for mr. Trimble, were:
Messrs, Jennings, Peyton, Reneau, Ross, and Williams, 5—the votes
of the House of Rejiresentatives being 11—in all 16.
Neither of said candidates having received a majority of all the
votes cast in said convention, the Speaker of the Senate declared that
there was no election, and put the question :
Will the convention proceed in said election?
Which being determined in the affirmative,
The convention proceeded, viva voce, an eighth time to elect an At-
torney General for the 6th Judicial Circuit.
Those Senators who voted for mr. Perkins, were :
Messrs. Ashe, Foster, Ledbetter, Motley, Nelson, and Speaker Tur-
ney, 6 —the votes cast in the House of Representative? for mr. Per-
kins as reported,being 28—in all 34.
Those Senators who voted for mr. Allen, were :
Messrs. Gardner, Hardwicke, Johnson, Laughlin, Maclin, Martin,
Matthews, Miller, Powell, Waterhouse, and Warner, ll—the votes
cast of the House of Representatives for mr. Allen as reported, being
31—in all 42.
Those Senators voting for mr. Turner, were:
Messrs. Bradbury, Frey, and Sevier, 3—the votes cast of the House
of Representatives for mr. Turner being, as reported, 8—in all 11.
Those Senators voting for mr. Trimble, were:
Messrs. Jennings, Peyton, Reneau, Ross, and Williams, 5—the votes
cast of the House of Representatives for mr. Trimble as reported, be-
ing 8—in all 13.
Neither of said candidates having received a majority of the votes
cast in said convention, the Speaker of the Senate declared that there
was no election, and put the question:
W ill the convention proceed in said election ?
Which being determined in the affirmative,
The convention proceeded, viva voce, a ninth time to elect an Attor-
ney General for the 6th Judicial Circuit.
Those Senators who voted for mr. Perkins were:
Messrs. Ashe, Foster, Ledbetter, Motley, Nelson and Speaker Tur-
THE SENATE.
169
ney, 6—the votes cast in the House of Representatives for mr. Perkins
as reported being 23—in all 29.
Those Senators voting for mr. Allen were :
Messrs. Gardner, Hardwicke, Johnson, Laughlin, Maclin, Martin,
Matthews, Miller, Powell, Waterhouse and Warner, 11—the votes
cast of the House of Representatives for mr. Allen as reported being
33—in all 44.
Those Senators voting for mr. Turner were :•
Messrs. Bradbury, Frey and Sevier, 3—the votes cast of the House
of Representatives for mr. Turner as reported being 6—in all 9.
Those Senators voting for mr. Trimble were:
Messrs. Jennings, Peyton, Reneau, Ross and Williams, 5—the votes
cast of the House of Representatives for mr. Trimble as reported being
12—in all 17.
Neither of said candidates having received a majority of all the
votes cast in said convention, the Speaker of the Senate declared that
there was no election, and put the question,
Will the convention proceed in said election ?
Which being determined in the affirmative, said convention proceed-
ed viva voce, a tenth time, to elect an Attorney General for the 6th Ju-
dicial circuit.
Mr. Smiley was again nominated as a candidate.
Those Senators who voted for mr. Perkins were :
Messrs. Ashe, Foster, Ledbetter, Motley, Nelson and Speaker Tur-
ney, 6—the votes cast of the House of Representatives for mr. Per-
kins as reported being 19—in all 25.
Those Senators voting for mr. Allen were :
Messrs. Gardner, Hardwicke, Johnson, Laughlin, Maclin, Martin,
Matthews, Miller, Powell, Waterhouse and Warner, 11—the votes
cast of the House of Representatives for mr. Allen as reported being
34—in all 45.
Those Senators who voted for mr. Turner were :
Messrs, Frey and Sevier, 2—and the votes cast of the Housevof
Representatives for mr. Turner as reported are 5—in all 7.
Those Senators who voted for mr. Trimble were:
Messrs. Jennings, Peyton, Reneau, Ross and Williams, 5—the votes
cast of the House of Representatives as reported being 11—in all 16.
Senator Bradbury voting for mr. Smiley—the votes cast of the House
of Representatives for mr. Smiley as reported being 6—in all 7.
Neither of the candidates having received a majority of all the votes
cast in said convention, the Speaker of the Senate declared that there
was no election, and put the question,
Will the convention proceed in said election?
Which was determined in the affirmative; said convention proceed-
ed viva voce, an eleventh time, to elect an Attorney General for the
6th Judicial circuit.
Those Senators who voted for mr. Perkins were:
Messrs. Ashe, Foster, Ledbetter, Matthews, Motley and Speaker
Turney, 6—the votes cast of the House of Representatives for mr.
Perkins as reported being 16—in all 22.
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JOURNAL OF
Those Senators who voted for mr. Allen were:
Messrs. Gardner, Hardwicke, Johnson, Laughlin, Maclin, Martin,
Miller, Powell, Waterhouse and Warner, 10—the votes cast of the
House of Representatives for mr. Allen as reported being 33—in ail 43.
Those Senators who voted for mr. Turner were :
Messrs. Frey and Sevier, 2—the votes cast of the House of Repre-
sentatives for mr. Turner as reported being 10—in all 12.
Those Senators who voted for mr. Trimble were:
Messrs. Jennings, Nelson, Peyton, Reneau, Ross and Williams, 6'—
the votes cast of the House of Representatives for mr. Trimble as re-
ported being 12—in all 18.
Senator Bradbury voting for mr. Smiley—the votes cast of the House
of Representatives for mr. Smiley as reported being 4—in all 5.
Neither of said candidates having a majority of all the votes cast in
said convention, the Speaker of the Senate declared that there was no
election, and put the question,
Will the convention proceed in said election ?
Which being determined in the affirmative, the convention proceeded
viva voce, a twelfth time, to elect an Attorney General for the 6th Ju-
dicial circuit.
Those Senators who voted for mr. Perkins were:
Messrs. Ashe, Foster, Ledbette •, Motley and Speaker Turney, 5—
the votes cast of the House of Representatives for mr. Perkins as re-
ported being 17—in all 22.
Those Senators who voted for mr. Allen were:
Messrs. Gardner, Hardwicke, Johnson, Laughlin, Maclin, Martin,
Matthews, Miller, Powell, Waterhouse and Warner, 11—the votes
-cast of the House of Representatives for mr. Allen as reported being
35—in all 46.
' Those Senators who voted for mr. Turner were:
Messrs. Frey and Sevier, 2—the votes cast of the House of Repre-
sentatives for mr. Turner as reported being 5—in all 7.
Those Senators who voted for mr. Trimble were:
Messrs. Jennings, Nelson, Peyton, Reneau, Ross and Williams, 6—
the votes cast of the House of Representatives for mr. Trimble as re-
ported being 16--in all 22.
Senator Bradbury voting for mr. Smiley—the votes cast of the House
of Representatives for mr. Smiley as reported being 2—in all 3.
Neither of the candidates having a majority of the votes cast in said
convention, the Speaker of the Senate declared that there was no elec-
tion, and put the question,
Will the convention proceed in said election ?
Which being determined in the affirmative, the convention proceeded
viva voce, a thirteenth time, in the election of an Attorney General for
the 6th Judicial circuit.
Those Senators who voted for mr. Perkins were:
Messrs. Ashe, Foster, Ledbetter, Motley and Speaker Turney, 5—
the votes cast of the House of Representatives for mr. Perkins as re-
ported being 19—in all 24.
Those Senators who voted for mr. Allen were:
THE SENATE
171
Messrs. Gardner, Hardwicke, Johnson, Laughlin, Maclin, Martin,
Matthews, Miller, Powell, Waterhouse and Warner, 11—the votes cast
of the House of Representatives for mr. Allen as reported being 34—
in all 45.
Those Senators who voted for mr. Turner were:
Messrs. Frey and Sevier, 2—the \otes cast of the House of Repre-
sentatives for mr. Turner as reported being 6—in all 8.
Those Senators who \oted for mr. Trimble were:
Messrs. Jennings, Nelson, Peyton, Reneau, Ross and Williams, 6—
the votes cast of the House of Representatives for mr. Trimble as re-
ported being 14—in all 20.
Senator Bradbury voting for mr. Smiley—the votes cast of the House
of Representatives for mr. Smiley as reported being 2—in all 3.
Neither of said candidates ha\ ing a majority of the votes cast in
said convention, the Speaker of the Senate declared that there was no
election, and put the question,
Will the convention proceed in said election?
Being had, and determined in the affirmative, the convention pro-
ceeded viva voce, a fourteenth time, to elect an Attorney General for
the 6th Judicial circuit.
Those Senators who voted for mr. Perkins were :
Messrs. Ashe, Foster, Ledbetter, Motley and mr. Speaker Turney, 5.
—The votes cast in the House of Representatives for mr. Perkins, as
reported, being 19—in all 24.
Senators who voted for mr. Allen, were :
Messrs. Gardner, Hardwicke, Johnson, Laughlin, Maclin, Martin,
Matthews, Miller, Powell, Waterhouse, and Warner, 11.—The votes
cast of the House of Representatives for mr. Allen, as reported, being
50—in all 41.
Senators who voted for Mr. Turner, were :
Messrs. Frey, Nelson, and Sevier, 3.—The votes of the House of
Representatives cast for mr. Turner, as reported, being 12 in all 15.
Senators who voted for mr. Trimble, were :
Messrs. Jennings, Peyton, Reneau, Ross, and Williams, 5.—The
vote cast of the House of Representatives foi; mr. Trimble, as report-
ed, being 9—in ah 14.
Senator Bradbury voting for mr. Smiley.—The votes cast of the
House of Representatives for mr. Smiley, as reported, being 4—in all
5.
Neither of said candidates having a majority of all the votes cast in
said convention, the Speaker of the Senate declared that there was no
election, and put the question,
Shall the convention proceed in said election ?
Being had and determined in the affirmativp, the convention pro-
ceeded, viva voce, a fifteenth time to elect an Attorney General for the
6th Judicial Circuit.
Those Senators who voted for mr. Perkins, were :
Messrs. Ashe, Foster, Ledbetter, Motley, and Speaker Turney, 5—
The votes cast of the House of Representatives for mr. Perkins, as re-
ported, being 18—in all 23.
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JOURNAL OF
Senators who voted for Mr. Allen, were :
Messrs. Gardner, Hardwicke, Johnson, Laughlin, Maelin, Martm,
Matthews, Miller, Powell, Waterhouse, and Warner, 11.— The votes
cast of the House of Representatives formr. Allen, as reported, being
37—in all 48.
Senators who voted for mr. Turner, were:
Messrs. Frey, Nelson, and Sevier, 3.—The votes cast in the House
of Representatives for mr. Turner, as reported, being 9—in all 12.
Senators voting for mr. Trimble, were :
Messrs. Jennings, Peyton, Reneau, Ross, and Williams, 5.—The
votes cast of the House of Representatives for mr. Trimble, as report-
ed, being 9—in all 14.
Senator Bradbury voting for mr. Smiley.—The vote cast of the
House of Representatives for mr. Smiley, as reported, being 2—in all
3.
Neither of said candidates having a majority of all the votes cast in
said convention, the Speaker of the Senate declared that there was no
election, an;l the question
Will the Convention proceed in said election ?
Being had, was determined in the affirmative. The convention pro-
ceeded, viva voce, a sixteenth time to elect an Attorney General for the
sixth judi< ial < irruit.
Those Senators who voted for mr. Perkins, are :
Messrs. A' he, Foster, Ledbetter, Motley, and Speaker Turney, 5.-—
The votes cast of the House of Representatives formr. Perkins, as re-
ported, being 23—in all 28.
Those Senators who voted for mr. Allen were:
Messrs. Gardner, Hardwicke, Johnson, Laughlin, Maclin, Martin,
Matthews, M'ller, Powell, Waterhouse and Warner, 11.—The votes
cast of the Hou<e of Representatives for mr. Allen, as reported, being
3d—in all 47.
Those Senators who voted for mr. Turner, are:
Messrs Frey, ;m 1 Sevier, 2.—Tne votes cast of the blouse of Rep-
resentatives for mr. Turner, as reported, being 6—in all 8.
Senators who voted for mr. Trimble, were:
Messrs. Jeunings, Nelson, Peyton, Reneau, Ross, and Williams, 6
—The vote cast of the House 6f Representatives was for Mr. Trimble,
as reported, being S—in all 14.
Senator Bradbury voting for mr. Smiley.—The votes cast of the
House of Representatives for mr. Smiley, as reported, being- 2—in all
3.
Neither of the candidates having a majority of the votes cast in said
convention, the question,
Will the convention proceed in said election ?
Being had, was determined in the affirmative.
The convention proceeded, viva voce, a seventeenth time to elect an
Attorney General for the sixth judicial circuit.
Those Senators who voted for mr. Perkins, were:
Messrs. Ashe, Foster, Ledbetter, Motley, Nelson, and Speaker Ttir-
THE SENATE.
173
ney, 6.—The votes cast of the House of Representatives, for mr. Per
kins, as reported, being 2 3—in all 29.
Senators who voted for mr. Allen, were;
Messrs. Gardner, Hardwieke, Johnson, Laughlin, Maclin, Martin,
Matthews, Miller, Powell, Waterhouse, and Warner, 11—The votes
cast of the House of Representatives for mr. Allen, as reported, being
3G—in all 47.
Senators who voted for mr. Turner were:
Messrs. Frey, Jennings, and Sevier, 3.—The votes cast of the House
of Representatives formr. Turner, as reported, being 6'—in all 9.
Senators who voted for mr. Trimble were:
Messrs. Peyton, Reneau, Ross, and Williams, 4,—The votes cast of
the House of Representatives for mr. Trimble, as reported being 8—in
all 12.
Senator Bradbury voting for mr. Smiley.—The vote cast of the
House of Representatives for mr. Smiley, as reported, being 2—in all
3.
Neither of said candidates having a majority of all the votes cast
in said convention, the Speaker of the Senate declared that there was
no election, the question,
Will the convention proceed in said election ?
Being had, was determined in the affirmative, the convention pro-
ceeded, viva voce, the eighteenth time to elect an Attorney General for
the sixth judicial circuit.
Those Senators who voted for mr. Perkins were:
Messrs. Ashe, Foster, Jennings, Ledbetter, Motley, Nelson, and Mr.
Speaker Turiley, 7.—The votes cast of the House of Representatives
for mr. Perkins, as reported, being 27—in all 34.
Senators voting for mr. Allen were :
Messrs. Gardner, Hardwieke, Johnson, Laughlin, Maclin, Martin,
Matthews, Miller, Powell, Waterhouse and Warner, 11.—Tne votes
cast of the House of Representatives for mr. Allen, as reported,
were 36—in ail 47.
Senators voting for mr. Turner were :
Messrs. Frey, and Sevier, 2.—The votes cast of the House of Rep-
resentatives formr. Turner, as reported, being 3—in all 5.
Senators who voted for mr. Trimble were:
Messrs. Peyton, Reneau, Ross, and U illiams, 4.—The votes cast of
the House of Representatives for mr. Trimble as reported being 7
—in ail 11.
Senator Bradbury voting for mr. Smiley.—The votes cast of the
House of Representatives for mr. Smiley, as reported, being 1—in all
2.
Neither of said candidates having received a majority of all the
votes cast in sfnd Convention, the question,
Will the convention proceed in said election ?
Being iiad and determined in the affirmative,
Senator Foster moved that the convention take a recess and meet
again in the Hall of Representatives on to-morrow morning at 9 o'-
clock to proceed in said election—it being half past 4 o'clock, p. m.
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JOURNAL OF
Said motion prevailing,
The convention took a recess, to meet again on to-morrow morning
in the Representative Mall, at 9 o'clock, a. m.
THURSDAY, Nov. 4, 1S41.
Mr. Speaker Turney of the Senate, and mr. Speaker Douglass of
the House of Representatives, in the Chair of the Representative
Hall,
The Speaker of the Senate directed that the roll of the Senators be
called.
Which being done, there appeared twenty-five Senators present.
The roll of the House of Representatives being in like maimer call-
ed, and the clerk announced that all the members of the House of
Representatives were present,
The convention resumed the unfinished business of yesterday.
The Speaker of the Sei.ate put the question:
Will the convention proceed in said election?
Was determined in the affirmative.
The convention proceeded, viva voce, a nineteenth time, to elect an
Attorney Cenernl for die Gth Judicial Circuit.
Those Senators who voted for mr. Perkins, were;
Messrs. x\she, FoJer, Ledbctter, Motley, Nelson, and Speaker Tur-
ncy, 6—the votes cast of the House of Representatives for mr. Per-
kins is reported, being 21— iti all 27.
Those Senators who voted for mr. Allen, were:
Messrs. Rr idbury, Gardner, Hardwicke, Johnson, Laughlin, Maclin,
Martin, M itthews, Miller, Powell, Waterhouse, and Warner, 12—the
votes cast of the House of Representatives for mr. Alle^as reported,
being 08—in all 50.
Those Senators who voted for mr. Turner, were:
Messrs. Frey, and Sevier, 2—the votes cast of the House of Repre-
seutdtives for mr. Turner as reported, being 6—in all 8.
Thos"! Senators who voted for mr. Trimble, were;
Messrs. Jennings, Peyton, Ross, and Williams, 5—the votes cast of
the House of Representatives for mr. Trimble as reported, being 8—in
all 18.
The vote of the House of Representatives fox mr. Smiley as report-
ed, being 2.
Neihier of said candidates having a majority of the votes cast in
said convention, the Speaker of the Senate declared that there was no
election, and put the question:
Will the convention proceed in said election?
Which was determined in the affirmative.
The convention proceeded, viva voce, a twentieth time, to elect an
Attorney General for the Gth Judicial Circuit.
Those Senators who voted for mr. Perkins, were:
Messrs. Ashe, Foster, Ledbetter, Motley, Nelson, and Speaker Tur-
ney, G—the votes cast of the House of Representatives for mr. Perkins
as reported, being 28—in all 34.
THE SENATE.
17 5
Those Senators who voted for mr. Allen, were:
Messrs. Gardner, Hardwicke, Johnson, Laughlin, Maclin, Martin,
Matthews, Miller, Powell, Waterhouse, and Warner, 11—the votes
cast of the House of Representatives for mr. Allen as reported, being
37—in all 48.
Those Senators who voted for mr. Turner, were:
Messrs. Bradbury, Frey, Jennings, and Sevier, 4—the votes cast of
the House of Representatives for mr. Turner as reported, being 7—in
all 11.
Those Senators who voted for mr. Trimble, were:
Messrs. Peyton, Reneau, Ross, and Williams, 4—the votes cast of
the House of Representatives for mr. Trimblo as reported, being 3—in
all 7.
The name of mr. Smiley as a candidate was then withdrawn.
Neither of said candidates having received a majority of the whole
number of votes cast in said convention, the Speaker of the Senate de-
clared that there was no election, and the question,
Will the convention proceed in said election?
Being had, was determined in the affirmative.
The convention proceeded, viva voce, a twenty-firtime, to elect an
Attorney General for the 6th Judpial Circuit.
Those Senators who voted for mr. Perkins were:
Messrs. Ashe, Foster, Jennings, Ledbetter, Motley, Nelson, Reneau,
Williams and Speaker Turney, 9—the votes cast of the House of Rep-
resentatives for mr. Perkins as reported being 29—in all 38.
Those Seuators who voted for mr. Allen were:
Messrs. Gardner, Hardwicke, Johnson, Laughlin, Maclin, Martin,
Matthews, Miller, Powell, Waterhouse and Warner, 11—the votes
cast of the House of Representatives for mr. Allen as reported being
37—in all 48.
Those Senators who voted for mr. Turner were:
Messrs. Bradbury, Frey and Sevier, 3—the votes cast of the House
of Representatives for mr. Turner as reported being 8—in all 11.
Those Senators who voted for mr. Trimble were :
Messrs. Peyton and Ross, 2—the votes cast of the House of Repre-
sentativos for mr. Trimble as reported being 1—in all 3.
Neither of said candidates having a majority of the votes cast in
sa d convention, the Speaker of the Senate declared that there Was no
election, and the question,
Will the convention proceed in said election?
Being had, and determined in the affirmative, the convention pro-
Ceeded a twenty-second time, viva voce, to elect an Attorney General
for the 6th Judicial circuit.
Those Senators who voted fot mr. Perkins were :
Messrs. Ashe, Foster, Jennings, Ledbetter, Motley, Nelson, Reneau,
Williams and mr. Speaker Turney 9—the votes cast of the House of
Representatives for mr. Perkins as reported being 29—in all 38.
Those Senators who voted for mr. Allen were:
Messrs. Gardner, Hardwicke, Johnson, Laughlin, Maclin, Martin,
Matthews, Miller, Powell, Ross, Waterhouse and Warner, 12—the votes
176
JOURNAL OF
cast of the House of Representatives for mr. Allen as reported being
38—in all 50.
Those Senators who voted for mr. Turner were :
Messrs. Bradbury, Frey and Sevier, 3—the votes cast of the House
of Representatives for mr. Turner as reported being 5—in all 8.
A Senator who voted for mr. Trimble "yvas mr, Peyton, 1—the votes
cast of the House of Representatives for mr. Trimble as reported being
3—in all 4".
Neither of said candidates having a majority of all the votes cast in
said convention, the Speaker of the Senate declared that there was no
election. The question,
Will said convention proceed in said election?
Being had, was determined in the affirmative.
The convention then proceeded to elect an Attorney General for the
6th Judicial circuit the twenty-third time, viva voce.
Those Senators who voted for mr. Perkins were ;
Messrs. Ashe, Bradbury, Foster, Jennings, Ledbetter, Motley, Nel-
son, Reneau, Williams and Speaker Turney, 10—the votes cast of the
House of Representatives for mr. Perkins as reported being 27—in
all 37.
Those Senators who voted for mr. Allen were:
Messrs. Gardner, Hardwicke, Johnson, Laughlin, Maclin, Martin,
Matthews, Miller, Powell, Ross, Waterhouse and Warner, 12—the votes
cast of the House of Representatives for mr. Allen as reported being
38—in all 50.
Those Seik tors who voted for mr. Turner were :
Messrs. Fr y and Sevier, 2—the votes cast of the House of Repre-
sentatives for mr. Turner as reported being 6—in all 8.
Tho.a»* Senators who voted for mr. Trimble were:
Senator Peyton voting for mr. Trimble—the vote cast iji the House
of Representatives for mr. Trimble, as reported, being 4—in all 5.
Neither of said candidates having a majority of all the votes cast ia
said convention, the Speaker of the Senate declared that there was no
election,; l d the question,
Will the convention proceed in said election?
Being had, was determined in the affirmative.
The convention proceeded viva voce. a twenty-fourth time to elect
an Attorney G Mierai in the 6th Judicial Circuit.
Those Senators who voted for mr. Perkins, were:
Messrs. Ashe, Bradbury, Foster, Ledbetter, Motley, Nelson, Reneau,
Williams, and Speaker Turney, 9—the votes cast of the House of
Representatives for mr. Perkins, as reported, being 33—in all 42.
Those Senators who voted for mr. Allen, were:
Messrs. Gardner, Hardwicke, Johnson, Laughlin, Maclin, Martin,
Matthews, Miller, Powell, Ross, Waterhouse, and Warner, 12—the vote
cast of the House of Representatives for mr. Allen, as reported, being
39—in ail 51.
Which being a majority of all the votes cast in said convention,
Speaker Turney declared that George W. Allen was duly and con-
THE SENATE.
177
stitutionally elected Attorney General for the 6th Judicial Circuit for
six years.
Whereupon the convention rose.
Speaker Turney and gentlemen of the Senate returned to their
Chamber and resumed their Session.
Mr. Ashe presented the petition of citizens of Tipton county, pray-
ing that a law be passed, changing the lines and enlarging the territo-
rial limits of said county.
Which being read, was ordered to be transmitted to the House of
Representatives.
Mr. W arner presented three petitions of, containing in all, 147 citi-
zens of Bedford county, praying the Legislature to pass a law modify-
ing the tippling act, authorising a license for the same, under certain
penalties and restrictions.
Which petitions were severally read and ordered to be transmitted
to the House of Representatives.
Mr. Motley presented the petition of sundry citizens pf Wilson
county, praying that a law be passed to attach that part of Wilson
county in said petition mentioned, to Cannon county.
Which being read, was referred to the committee on new counties
and county lines.
Mr. Gardner submitted the following;
Resolved by the Senate of the General«ftsserhbly of the State of
Tennessee, That so much of the message of his Excellency, James C.
Jones, as relates to the subjects of Agriculture and Manufactures be
and the same is hereby referred to the committee on Agriculture and
Manufactures.
Which being read, the rute requiring said resolution to lie over one
day, was, on motion of mr. Gardner, suspended, and said resolution
adopted.
Mr. Martin submitted the following;
Ordered, That the clerk respectfully request the House of Represen-
tatives to transmit to the Senate, a memorial of sundry citizens of Mau-
ry county, praying that an act be passed authorising McKee
to build a mill on Duck River in said county.
Which being read was adopted.
The clerk is therefore directed to act in conformity therewith.
Mr. Nelson from the committee on Internal Improvement, to whom
was referred
A bill from the House of Representatives to charter the Sevier Turn-
pike company,
Reports that they have had the same under consideration and have
instructed him to report an amendment to the second section
thereof bj~ striking out the words "two years" and inserting in lieu
thereof "one year"—and by amending the 7th section by inserting the
words "by the County Court of Sevier County'''' after the word "cho-
sen"—and with said amendments recommended its passage.
Which being read, as amended,
Mr. Warner offered the following additional section as an amend-
ment to said bill, to-wit:
12
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JOURNAL OF
Be it enacted, That the real and personal property of the individ-
als composing said company, he, and the same is hereby made liable
for the payment of the debts contracted by said company, or for any
debt or debts contracted by the authority aforesaid.
Which being read,
Mr. Laughlin moved to lay said bill as amended, with the amend-
ment offered by mr. Warner, on the table.
'Which motion prevailed.
The Senate, on motion of mr. Laughlin, took up the consideration
of
A bill to remove the seat of Government from Nashville, to Mc-
Minnville, in Warren county.
Which being read,
Mr. Jennings moved to strike out the whole of the bill after the
enacting clause, and insert in lieu thereof, the following, to-wit:
« That the regular session of the General Assembly of the State of
Tennessee in the year 1843, be held in the city of Nashville, in the
county of Davidson."
Mr. Martin moved to lay said bill with arhendment offered by mr.
Jennings on the table until the 10th day of December next.
Which motion prevailed.
Mr. Foster introduced
A bill to secure the revenue of this State, and to provide for the in-
vestigation of accounts of certain officers before election.
Which was read a first time and passed.
Mr. Lcdbcttcr moved that the Senate take up the two resolutions
intioduced by the Senator from N hite to elect two Senators in the Con-
gress of the United States from the State of Tennessee.
Mr. Johnson moved an adjournment of the Senate until to-morrow
morning 9 o'clock.
The ayes and nays being demanded by mr. Ledbetter,
It was determined in the negative—ayes, 10—nays, 15.
Those who voted in the affirmative were :
Messrs. Ashe, Bradbcrry, Foster, Frey, Jennings, Maclm, Matthews,
Miller, Ross, and Speaker Turney, 10.
Those who vot.cd in tne negative were:
Messrs. Gardner, Hardwicke, Johnson, Laughlin, Ledbetter, Mar-
tin, Motley, Nelson, Peyton, Powell, Reneau, Sevier, Waterhouse,
Warner, and Williams—15.
So said motion to adjourn was rejected.
The question then recurred upon the motion of mr. Ledbetter to
take up said resolution,
Which being had was determined in the negative—ayes, IS—noes,
13.
Those who voted in the affirmative were :
Messrs. Ashe, Bradbury, Foster, Frey, Jennings, Ledbetter, Motley,
Nelson, Peyton, Reneau, Sevier, and Williams—12.
Th )se who voted in the negative were:
M-ssrs. Gardner, Hardwicke, Johnson, Laughlin, Maclm, Martin,
THE SENATE.
m
Matthews, Miller, Powell, Ross, Waterhouse, Warner, and Speaker
Turney, 13.
So said motion to take up said resoluffoii was rejected.
The Senate, on motion of mr. Laughlin, took up
A bill to alter the dividing line between Rutherford and. Cannon
counties.
Which being read,
Mr. Laughlin asked and obtained leave to withdraw said bill for
amendment, which bill he shortly afterwards returned with slight
amendments.
Which was read and adopted.
And said bill with the amendments was read a-third and last time
and passed.
Which was ordered to be engrossed and transmitted to the House
of Representatives.
Mr. Laughlin introduced
A bill to incorporate the inhabitants of the town of Hillshoro, in
the county of Coffee.
Which being read,
Mr. Bradbury moved to amend1 said bill by inserting therein after
the word "incorporated:"
" Provided said town has two houses."
Which amendment was adopted, and said bill as amended passed a
first time.
Mr. Martin moved a re-consideration of the vote adopting the
amendment offered by mr. Bradbury to the bill incorporating the
town of Hillsborough in the county of Coffee.
Which motion prevailing,
Mr. Bradbury asked and obtained leave to withdraw said amend-
ment.
On motion of mr. Williams,
The Senate adjourned until to-morrow morning 9 o'clock.
FRIDAY, Nov. 5, 1841.
Mr. Nelson moved that the Senate take up two resolutions submitted
by the Senator from11 White proposing to elect two Senators in the
Congress of the United States from the State of Tennessee, and de-
manded the ayes and noes, which being had, was determined in the
negative—ayes, 12—noes, 13.
Those wno voted in the affirmative were:
Messrs. Ashe, Bradbury, Foster, Frey, Jennings, Ledbetter, Mot-
ley, Nejson, Peyton, Reneau, Sevier, and Williams—12.
Those wio voted in the negative were :
Messrs, Uardner, Hardwicke, Johnson, Laughlin, Maclin, Martin,
Matthews, Miller, Powell, Ross, Waterhouse, Warner, and Speaker
Turney—13.
So said motion to take up said resolution was rejected*.
Mr. Nelson introduced
A bill to change the time of holding the circuit courts in the 2nd
judicial district of the State of Tennessee.
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JOURNAL OF
Which was read a first time and passed.
The Senate, on motion of Mr. Laughlin, took up the consideration
of a resolution by him submitted on the 16th ult., on Federal Rela-
tions,
When mr. Laughlin moved and had leave to amend said resolution
by adding thereto the following, to-wit:
9. Resolved, That this General Assembly fully recognizes and ex-
pressly asserts, the right of the General Assembly, by resolutions or
otherwise, to instruct Senators in Congress in regard to all public
measures of Federal policy, and that it is the duty of Senators when
so instructed to obey said instructions or resign their seats.
10. Resolved, That all constituences, or portions of constituencies,
whether the same consists of majorities or minorities, and whether the
same consists of members of the General Assembly or of the people,
in their primary character as voters, have the absolute constitutional
right to respectfully interrogate and require of all candidates for seats in
Legislative bodies, in which the right of said constituencies, and vo-
ters may become the subjects of legislative action, a public declaration
of their opinions and views in regard to all public measures which
may affect the rights of such constituences, and it is hereby declared
to be the duty of all such candidates, when so interrogated to give full,
distinct, and explicit answers to the same.
11. Resolved, That this General Assembly explicitly recognizes
and affirms the constitutional right of a majority of all constituencies
of members of legislative bodies, to instruct their Senators and Repre-
sentatives touching the performance of all legislative duties, and that
it is the bounden duty of all members of such bodies, under the Consti-
tution of the United States and of the State of Tennessee, when so in-
structed, to obey and conform to such instructions.
12. Resolved, That the Senators in Congress from this State are
hereby instructed, and the Representatives are hereby requested, to
conform in their votes to the foregoing declaration of the opinion of
this General Assembly.
On motion of mr. Laughlin,
Said amendment, with said resolutions, being read, was ordered to
the table,
The Senate took up, on motion of mr. Ledbetter, on its third and
last reading,
A bill incorporating the Union University of Tennessee.
When mr. Foster moved to amend said bill by striking out the cap-
tion, and inserting in lieu thereof the following:
A hill to establish a University in Murfreesboro', in the county of
Rutherford, to be denominated the Union University of Murfreesboro'.
WTiich amendment was, on motion of mr. Ledbetter, laid on the ta-
ble.
Mr. Ledbetter moved to lay said bill on the table.
Which motion prevailed.
Mr. Hardwicke presented the communication of citizens of Hum-
phreys and Benton counties, directed to the Hon. H. II. Marable, a
Representative from the said counties in the present C ™: 1 Assem-
THE SENATE.
181
bly, protesting against his voting for Whig Senators to the Congress of
the United States from the State of Tennessee.
Which being read, was,
On motion of mr. Hardwicke,
Transmitted to the House of Representatives.
A message from the House of Representatives, by Mr. Mitchell, their
clerk:
Mr. Speaker : The House of Representatives have taken up and
considered a resolution of the Senate, proposing to meet the House in
the Representative Hall on Friday the 5th instant, at 11 o'clock, a. m.,
and concur therein.
The Speaker of the House of Representatives has signed an enroll-
ed bill—
An act to amend an act passed in 1825, chapter 52.
I am also directed to state that the House of Representatives is now
ready to receive the Senate in their Representative Hall, for the pur-
pose of electing a Superintendent of Public Instruction, and an Attor-
ney General for the 8th Judicial Circuit.
Also the resignation of R. P. Currin, Superintendent of Public In-
struction—which I am directed to transmit to the Senate.
And then he withdrew.
The Senate took up the letter of resignation of R. P. Currin, Super-
intendent of Public Instruction, resigning said office, to take effect on
the 8th instant.
Which being read,
The resignation of s^id office is accepted.
Mr. Speaker Turney and gentlemen of the Senate repaired to the
Hall of the House of Representatives, for the purpose of electing a
Superintendent of Public Instruction, and an Attorney General in the
8th Judicial Circuit
Mr. Speaker Turney of the Senate, and mr. Speaker Douglass of
the House of Representatives, in the Chair,
A call of the convention of both Houses of the Geperal Assembly
being demanded,
Senators present were:
Messrs. Ashe, Bradbury, Foster, Frey, Gardner, Hardwicke, Jen-
nings, Johnson, Laughlin, Ledbetter, Maclin, Martin, Matthews, Mil-
ler, Motley, Nelson, Peyton, Powell, Reneau, Ross, Sevier, Water-
house, Warner, Williams, and Speaker Turney—25.
When called, there being present, as reported, 75 gentlemen of the
House of Representatives.
The resolution, proposing that the Senate meet the House of Rep-
resentatives on this day in the Hall to elect a Superintendent of Pub-
lie Instruction, adopted by the Seriate, and concurred in by the House,
being read,
The Speaker of the Senate put the question:
Shall the convention proceed to elect a Superintendent of Public
Instruction?
Which was determined in the affirmative.
Mr. Ledbetter nominated Thomas Hord,
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JOURNAL OF
Mr. Miller nominated Scott Terry,
Mr. Mitchell nominated Thomas Tite,
Mr. Jennings nominated W. K. McAllister,
Mr. Motley nominated Turner Vaughan,
As candidates for the office of Superintendent of Public Instruc-
tion.
The convention then proceeded, viva voce, to elect a Superintendent
-of Public Instruction.
Those Senators who voted for mr. Terry, were:
Messrs. Frey, Gardner, Hardwicke, Johnson, Laughlin,Maclin,Mar-
tin, Matthews, Miller, Nelson, Waterhouse, Warner,and Speaker Tur-
ney, 13—the votes cast of the House of Representatives for mr. Ter-
ry, as reported, being 44—in all 57.
Those Senators who voted for mr. Hord, were:
Messrs. Ashe, Bradbury, Ledbetter, and Williams, 4—the votes cast
• of the House of Representatives for i)ir. Hord, as reported, being 10
—in all 14. ,
Those Senators who voted for mr. McAllister, were:
Messrs. Jennings, Peyton, Powell, Reneau, and Ross, 6—the votes
cast of the House of Representatives for mr. McAllister, as reported,
being 13—in all 19.
Senator Sevier voting for mr. Tite, 1—the votes cast of the House
-of Representatives for mr. Tite, as reported, being 4—in all 5.
Senator Motley voting for mr. Vaughan—the votes cast of the
House of Representatives for mr. Yaughan, as reported, being 3—in
all 4.
Scott Terry having received a majority of all the votes cast in said
convention, the Speaker of the Senate declared that Scott Terry was
duly and constitutionally elected Superintendent of Public Instruction
in the State of Tennessee, for two years from the 8th November,
1841.
A resolution adopted by the House of Representatives, and concur-
red in by the Senate, that the Senate meet the House in their Hall, on
Friday the 5th. day of November, 1841, for the purpose of electing an
Attorney General for the 8th Judicial Circuit,
Which being read,
The Speaker of. the Senate put the question :
Shall the convehtion proceed to elect an Attorney General for the
8th Judicial Circuit?
Which being determined in the affirmative,
Senator Warner nominated John W. Campbell,
Senator Nelson nominated George W. Gordon,
Senator Ross nominated Thomas M. Jones,
Mr. Walker nominated James H. Thomas,
Mr. Hopkins nominated Melton A. Haynes,
Mr. nominated Nathaniel Baxter, and
Mr. — nominated Jackson B. White as candidates for the office
of Attorney General for the 8th judicial circuit.
The convention then proceeded viva voce, to elect an Attorney Gen-
eral for the 8th Judicial circuit of the State of Tennessee.
THE SENATE.
*83
Those Senators who voted for mr. Campbell were:
Messrs. Laughlin, Waterhouse, Warner and Speaker Turney, 4—
the votes east of the House of Representatives for mr. Campbell as re-
ported, being 6—in all 10.
Those Senators who voted for mr. Thomas were:
Messrs. Gardner, Hardvvicke, Martin and Miller, 4—the votes cast of
the House of Representatives for mr. Thomas as reported being 20—
in all 24.
Those Senators who voted for mr. Gordon were:
Messrs. Bradbury, Nelson, Sevier and Williams, 4—the votes cast
of the House of Representatives for mr. Gordon as Reported being 1—
in all 5.
Those Senators who voted for mr. Haynes were:
Messrs, Jennings and Peyton, 2—the votes of the House of Repre-
sentatives for mr. Haynes being 7—in all 9*
Those Senators who voted for mr. White were:
Messrs. Ashe, Foster, Frey, Ledbetter, Motley and Reneau, 6—the
votes cast of the House of Representatives as reported being 18—in all
24.
Those Senators who voted for mr, Jones were:1
Messrs. Johnson, Maclin, Matthews, Powell and ROss, 5—the votes
cast of the House of Representatives for mr. Jones as reported being
14—in all 19.
The votes cast of the House of Representatives for mr. Baxter as
reported being 9.
Neither of said candidates having received a majority of all the
votes cast in said* convention, the Speaker of the Senate declared that
there was no election, and put the question:
Will the convention now proceed in said election ?
Which being determined in the affirmative,
The convention proceeded a second time, viva voce, to elect an Attor-
ney General in the 8th Judicial Circuit.
Those Senators who voted for mr. Campbell were:
Messrs. Laughlin, Waterhouse, Warner and Speaker Turney, 4—
the votes cast of the House of Representatives for mr. Campbell as re-
ported being 7—in all 11,.
Those Senators who voted for mr. Thomas were:
Messrs. Gardner, Hardwicke, Martin and Miller, 4—the votes cast of
the House of Representatives for mr. Thomas as reported being 21—
in all 25.
Those Senators who voted for mr. Gordon were:
Messrs. Bradbury, Nelson, Sevier and Williams, 4—the votes cast of
the House of Representatives for mr. Gordon as reported 1—in all 5.
Those Senators who voted for mr. Haynes were:
Messrs. Jennings and Peyton, 2—the votes cast of the House of
Representatives for mr. Haynes as reported being 9—in all 11.
Those Senators who voted for mr. White were:
Messrs. Ashe, Foster, Frey, Ledbetter, Motley and Ren&au, 6—the
votes cast of the House of Representatives for mr. White as reported
being 14—in all 20.
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JOURNAL OF
Those Senators who voted for mr. Jones were:
Messrs. Johnson, Maclin, Matthews, Powell and Ross, 5—the votes
cast of the House of Representatives for mr. Jones as reported being
13—in all 18.
Neither of the candidates having received a majority of all the votes
cast in said convention, the Speaker of the Senate declared that there
was no election, and put the question :
Shall the convention proceed further in said election?
Which being determined in the affirmative,
The convention proceeded, viva voce, a third time to elect an At-
torney General for the 8th Judicial Circuit.
Those gentlemen of the Senate who voted for mr. Campbell were:
Messrs. Laughlin, Waterhouse and Warner, 3—the votes cast by the
House of Representatives for mr. Campbell as reported being 7—in all
10.
Those gentlemen of the Senate who voted for Mr. Thomas are:
Messrs. Gardner, Hardwicke, Martin and Miller, 4—the votes cast
by the House of Representatives for mr. Thomas were 22—in all 26.
Those Senators who voted for mr. White were :
Messrs. Ashe, Foster, Frey, Ledbetter, Motley and Reneau, 6—In
the House of Representatives the vote cast for mr. White being -13—in
all 19.
Those Senators who voted for mr. Gordon were :
Messrs. Bradbury, Nelson, Sevier and Williams, 4—and for mr. Gor-
don 1 vote of the House' of Representatives as reported—being in all 5.
The votes cast of the House of Representatives for mr. Baxter as
reported being 11.
Those Senators who voted for mr. Jones were:
Messrs. Johnson, Maclin, Matthews, Powell, Ross and Speaker Tur-
ney, 6—the votes cast of the House of Representatives for mr. Jones
as reported being 14—in all 20.
Those Senators who voted for mr. Haynes were:
Messrs. Jennings and Peyton, 2—the votes cast of the House of
Representatives for mr. Haynes being 7—in all 9.
Neither of the candidates having a majority of the votes cast in said
convention, the Speaker of the Senate declared that there was no elec-
tion, and put the question,
Will the convention proceed in said election ?
Which being determined in the affirmative, the convention proceeded
viva voce, a fourth time, in the election of an Attorney General for the
8th Judicial circuit.
Those Senators who voted for mr. Campbell were:
Messrs. Laughlm, Powell and Warner, 3—the votes cast of the
House of Representatives for mr. Campbell as reported being 8—in all
11.
Those Senators who voted for mr. Thomas were:
Messrs. Gardner, Hardwicke, Martin and Miller, 4—the votes cast
of the House of Representatives for mr. Thomas as reported being 22
—in all 26.
Those Senators who voted for mr. White were:
THE SENATE
185
Messrs. Ashe, Bradbury, Foster, Frey, Ledbetter, Motley, Reneau
and Williams, 8—the votes cast of the House of Representatives for
mr. White as reported being 13—in all 21. '
Those Senators who voted for mr. Gordon were:
Messrs. Nelson and Sevier, 2—and of the House of Representatives
for mr. Gordon one vote—in all 3.
The votes cast of the House of Representatives for mr. Baxter as
reported being 11.
Those gentlemen of the Senate who voted for mr. Jones were:
Messrs. Johnson, Maclin, Matthews, Ross, Waterhouse and Speaker
Turney, 6—the votes cast of the House of Representatives for mr.
Jones as reported being 12—in all 18.
Those Senators who voted for mr. Haynes were:
Messrs. Jennings and Peyton, 2—the votes cast of the House of
Representatives for mr. Haynes as reported being 9—in all 11.
Neither of the candidates having received a majority of al\ the votes
cast in said convention, the Speaker of the Senate declared that there
was no election, and put the question,
Shall the convention proceed further in said election?
Which being determined in the affirmative, the Convention proceed-
ed, viva voce, a fifth time in the election of an Attorney General for
the 8th judicial circuit.
Those Senators who voted for mr. Campbell were :
Messrs. Waterhouse and Warner, 2—the votes cast of the House of
Representatives for mr. Campbell as reported being 5—in all 7.
Those Senators who voted for mr. Thomas, were:
Messrs. Gardner, Hardwicke, Martin, and Miller, 4—the votes cast
of the House of Representatives for mr. Thomas, as reported, being
22—in all 26.
Those Senators who voted for mr. White, were:
Messrs. Ashe, Foster, Frey, Ledbetter, and Motley, 5—the votes
cast of the House of Representatives for mr. White, as reported, being
21—in all 26.
Those Senators who voted for mr. Gordon, were:
Messrs. Bradbury, Nelson, Sevier, and Waterhouse, 4—the votes
cast by the House of Representatives for mr. Gordon, as reported,
being 1—in all 5.
The votes cast of the House of Representatives for mr. Baxter, as
reported, being 7.
Those Senators who voted for mr. Jones, were:
Messrs. Johnson, Laughlin, Maclin, Matthews, Powell, Ross, and.
Speaker Turney, 7—the votes cast of the House of Representatives for
mr. Jones, as reported, being 14—in all 21.
Those Senators who voted for mr. Haynes,were:
Messrs. Jennings, Peyton, and Reneau, 3—the votes cast of the
House of Representatives for mr. Haynes being, as reported, 4—-in all
7.
Neither of said candidates having a majority of the votes cast in
said convention, the Speaker of the Senate declared that there was no
election, and put the question,
186
JOURNAL OF
Shall the convention proceed in said election ?
Which being had, was determined in the affirmative.
The convention then proceeded, viva voce, a sixth time, to elect an
Attorney General for the 8th Judicial Circuit?
When mr. Gordon was withdrawn.
Those Senators who voted for mr. Thomas, were :
Messrs. Gardner, Hardwicke, Martin, Powell, and Warner, 5—the
votes cast of the House of Representatives for mr. Thomas being, as
reported, 19—in all 24.
Those Senators who voted for mr. White, were:
Messrs. Ashe, Foster, Frey, Jennings, Ledbetter, Motley, and Wil-
liams, 7—the votes cast of the House of Representatives for mr.
White, as reported, being 19—in all 26.
Those Senators who voted for mr. Baxter, were:
Messrs. Nelson, and Sevier, 2—the votes cast of the House of Rep-
resentatives for mr. Baxter, as reported, being 19—in all 21.
Those Senators who voted for mr. Jones, were;
Messrs. Johnson, Laughlin, Martin, Matthews, Ross, and Speaker
Turney, 6—the Votes cast of the House of Representatives for mr.
Jones, as reported, being 19—in all 25.
Those Senators who voted for mr. Haynes, were:
Messrs. Bradbury, Peyton, Reneau, and Waterhouse, 4—the votes
cast of the House of Representatives were 3—in all 7.
Mr. Campbell being withdrawn.
Neither of 'said candidates having received a majority of the whole
number of votes cast in said convention, the Speaker of the Senate de-
clared that there was no election, and put the question;
Shall the convention proceed in said election?
Which being had, was determined in the affirmative.
The convention then proceeded, viva voce, a seventh time,to elect an
Attorney General for the 8th Judicial Circuit.
Those Senators who voted for mr. Thomas, were;
Messrs. Gardner, Hardwicke, Martin, and Miller, 4—the votes cast
of the House of Representatives for mr. Thomas, as reported, being
19—in all 23.
Those Senators who voted for mr. White, were;
Messrs. Ashe, Foster, Frey, Ledbetter, Motley, Nelson, and Powell,'
7—the vote cast of the House of Representatives for mr. White, as re-
ported, being 21—in all 28.
Those Senators who voted for mr, Baxter, were;
Messrs. Bradbury, Jennings, Sevier, Warner, and Williams, 5—the
votes cast of the House of Representatives for mr. Baxter, as reported,
being 15—in all 20.
Those Senators who voted for mr. Jones, were:
Messrs. Johnson, Laughlin, Maclin, Matthews, Ross, and Speaker
Turney, 6—the votes cast of the House of Representatives for mr.
Jones being, as reported, 16—in all 22.
Those Senators who voted for mr. Haynes, were:
Messrs. Peyton, Reneau, and Waterhouse, 3—the votes cast of the
House of Representatives for mr. Haynes, as reported,being4—in all 7.
THE SENATE.
187
Neither of said candidates having a majority of all the votes cast in
said convention, the Speaker of the Senate declared that there was no
election, and the question,
Shall the Convention proceed in said electipn ?
Being had, was determined in the affirmative.
The Convention then proceeded, viva voce, an eighth time to elect
an Attorney General in the 8th Judicial Circuit.
Those Senators who voted for mr. Thomas, were:
Messrs. Gardner, Hardwicke, Martin, Miller, Powell, and Warner,
6—the votes cast of the House of Representatives for mr. Thomas, as
reported, being 20—in all 26.
Those Senators who voted for mr. White, were:
Messrs. Ashe, Poster, Frey, Ledbetter, and Motley, 5—the votes
cast of the House of Representatives for mr. White, as reported, be-
ing 14—in all 19.
Those Senators who voted for mr. Baxter, were: '
Messrs. Bradbury, Sevier, and Williams, 3—the votes cast of the
House of Representatives for mr. Baxter, as reported, being 17—in
all 20.
Those Senators who voted for mr. Jones, were;
Messrs. Johnson, Laughlin, Maciin, Matthews, Ross, and Speaker
Turney, 6—the votes cast of the House of Representatives for mr.
Jones as reported, being 19—in all 25.
Those Senators who voted for mr. Haynes, were:
Messrs. Nelson, Peyton, Reneau, and Waterhouse, 4—the votes cast
4>f the House of Representatives for mr. Haynes, as reported, being
2—in all 6.
Neither of said candidates having a majority of all the votes cast in
said convention, the Speaker of the Senate declared that there was no
election, and the question,
The convention then proceeded viva voce, a ninth time to elect an
Attorney General for the 8th Judicial circuit.
Shall the convention proceed in said election?
Was had, and determined in the affirmative.
Those Senators who voted for mr. Thomas, were:
Messrs. Gardner, Hardwicke, Miller, and Warner, 4—the votes cast
of the House of Representatives for mr. Thomas, as reported, being
19—in all 23.
Those Senators who voted for mr. White, were:
Messrs. Ashe, Foster, Frey, Ledbetter, Motley, Powell, and Reneau,
7—the vote cast of the House of Representatives for mr. White, as re-
ported, being 12—in ail 19.
Those Senators who voted for mr. Baxter, were:
Messrs. Bradbury, Nelson, Sevier, and Williams, 4—the votes cast
of the House of Representatives for mr. Baxter, as reported, being 24
—in all 28.
Those Senators who voted for mr. Jones, were :
Messrs. Johnson, Laughlin, Maciin, Matthews, and Ross, 5—the
votes cast of the House of Representatives for mr. Jones, as reported,
being 17—in all 24.
*88
JOURNAL OF
Those Senators who voted for mr. Haynes, were :
Messrs. Jennings, Martin, Peyton, Waterhouse, and Speaker Tur-
ney, 5—the votes cast of the House of Representatives for mr. Haynes,
as reported, being 3—in all 8.
Neither of said candidates having a majority of all the votes cast
in said convention, the Speaker of the Senate declared that there was
no election, and the question,
Shall the convention proceed in said election?
Being had, was determined in the affirmative.
The conversion proceeded, viva voce, a tenth time, to- elect an At-
torney General for the 8th Judicial Circuit?
Those Senators who voted for mr. Thomas, were:
Messsr. Gardner, Hardwicke, Maclin, and Miller, 4—the votes cast of
the House of Representatives for mr. Thomas, as reported, being 18—
in all 22.
Those Senators who voted for mr. White, were:
Messrs. Frey, and Powell, 2—the votes cast of the House of Rep-
resentatives for mr. White, as reported, being 3—in all 5.
Those Senators who voted for mr. Baxter, were:
Messrs. Ashe, Bradbury, Foster, Jennings, Ledbetter, Motley, Nel-
son, Reneau, Sevier, Warner, and Williams, 11—the votes cast of the
House of Representatives for mr. Baxter, as reported, being 32—in all
43.
Those Senators who voted for mr. Jones, were:
Messrs. Johnson, Laughlin, Maclin, Matthews, Ross, and Speaker
Turney, 6—the votes cast of the House of Representatives for mr.
Jones, as reported, being 22—in all 28.
Those Senators who voted for mr. Haynes, were:
Messrs. Peyton, and Waterhouse, 2.
Mr. White was then withdrawn.
Neither of said candidates having a majority of all the votes cast in „
said convention, the Speaker of the Senate declared that there was no
election, and put the question:
Shall the convention proceed in said election?
Which being had, was determined in the affirmative.
The convention then proceeded, viva voce, an eleventh time, to elect
an Attorney General for the 8th Judicial Circuit.
Those Senators who voted for mr. Thomas, were:
Messrs. Harclwicke, and Martin, 2—the votes cast of the House of
Representatives for mr. Thomas, as reported, being 20—in all 22.
Those Senators who voted for mr. Baxter were:
Messrs. Ashe, Bradbury, Foster, Frey, Jennings, Ledbetter, Motley,
Nelson, Peyton, Reneau, Sevier, Warner and Williams, 13—the votes
cast of the House of Representatives for mr. Baxter as reported being
34—-in all 47.
Those Senators who voted for mr. Jones were:
Messrs. Johnson, Laughlin, Maclin, Matthews, Miller, Powell, Ross,
Waterhouse and Speaker Turney, 10—the votes cast of the House of
Representatives for mr. Jones being 19—in all 29.
THE SENATE.
189
The votes cast of the House of Representatives for mr'. Haynes as
reported, 2.
Neither of said candidates having a majority of all the votes cast in
said convention, the Speaker of the Senate declared that there was no
election, and put the question,
Will the convention proceed in said election ?
Which being determined in the affirmative, the convention proceeded
viva vocej a twelfth time, to elect an Attorney General for the 8th Ju-
dicial circuit.
Those Senators who voted for mr. Thomas were:
Messrs. Hardwicke, Martin, Matthe ws and Miller, 4—the votes cast
of the House of Representatives for mr. Thomas as reported being 20
—in all 24.
Those Senators who voted for mr. Baxter were:
Messrs. Ashe, Bradbury, Foster, Frey, Jennings, Ledbetter, Motley,
Nelson, Peyton, Reneau, Sevier and Williams, 12—the votes cast of
the House of Representatives for mr. Baxter as reported being 32—in
all 44.
Those Senators who voted for mr. Jones were:
Messrs. Gardner, Johnson, Laughlin, Maclin, Powell, Ross, Water-
house and Speaker Turney, 8-—the votes of the House of Representa-
tives for mr. Jones as reported being 29,
The votes of the House of Representatives for mr. Haynes 3,
Neither of said candidates having a majority of all'the votes cast in
said convention, the Speaker of the Senate declared that there was no
election, and put the question,
Shall the convention proceed in said election ?
Being had and determined in the affirmative, the convention pro-
ceeded, viva voce, a thirteenth time to elect an Attorney General for the
8th Judicial Circuit.
Those Senators who voted for mr. Thomas were:
Messrs. Gardner, Hardwicke, Martin, Matthews and Miller, 5—the
votes cast of the House of Representatives for mr. Thomas as reported
being 20—in all 25.
Those Senators who voted for mr. Baxter were:
Messrs. Ashe, Bradbury, Foster, Frey, Jennings, Ledbetter, Motley,
Nelson, Peyton, Reneau, Sevier, Warner and Williams, 13—the votes
cast of the House of Representatives for mr. Baxter as reported being
32—in all 45.
Those Senators who voted for mr. Jones were:
Messrs. Johnson, Laughlin, Maclin, Powell, Ross, Waterhouse and
Speaker Turney, 7—the votes cast of the House of Representatives
for mr. Jones being 19—in all 26.
The votes cast of the House of Representatives for mr. Haynes as
reported being 4.
Neither of said candidates having a majority of the votes cast in
said convention, the Speaker of the Senate declared that there was no
election, and put the question:
Will the jonvention proceed in said election?
Which was determined in the affirmative.
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JOURNAL OF
The convention proceeded, viva voce, a fourteenth time, to elect arr
Attorney General for the 8th Judicial Circuit.
Those Senators who voted for mr. Thomas were:
Messrs. Gardner, Hatdwicke, Martin, Matthews and Miller, 5—the
votes cast of the House of Representatives for mr. Thomas as reported
being 19—in all 24.
Those Senators who voted for mr. Baxter were:
, Messrs. Ashe, Bradbury, Foster, Frey, Jennings, Ledbetter, Motley,
Nelson, Peyton, Reneau, Sevier, Warner, Williams and Speaker Tar-
ney, 14—the votes cast of the House of Representatives for mr. Bax-
ter as reported being 37—in all 51.
Those Senators who voted for mr. Jones were:
Messrs. Johnson, Laughlin, Maclin^ Ross and Waterhouse, 5—the
votes of the Hquse of Representatives for mr. Jones as reported being
17—in all 22.
And it appeared from the report of the tellers that Nathaniel Bax-
ter, Esq., received a majority of all the votes cast in said convention,
he having received fifty-one.
It \yas thereupon declared by the Speaker of the Senate, that Na-
thaniel Baxter is elected Attorney General for the 8th judicial circuit
of the State of Tennessee, for six years from this day.
The convention then rose.
Mr. Speaker Turney and gentlemen of the Senate returned to their
own Chamber, and resumed their session.
When on motion of mr. Williams,
The Senate adjourned until Monday morning 9 o'clock.
MONDAY, Nov. 8, 1S41.
A message from the House of Representatives bymr. Mitchell, their
clerk:
Mr. Speaker: The House of Representatives have taken up and
considered the Senate's resolution relating to the appointment of a
public printer, and have adopted the following in lieu of said resolu-
tion, to-wit:
Resolved, by the Genetal Assembly of the Statje of Tennessee, That
A. M. Rosoborough, Donald Cameron, James \\ ihiaius and E. G. East-
man be, and they are hereby appointed and employed to execute the
printing of the acts and journals of the twenty-fourth General Assem-
bly of the State of Tennessee, and the Reports of the Supreme court
at 73 cents per 1000 emS composition, and 73 cents per token press-
work, (fifty per cent.'to be added for rule or figure work in composi-
tion, and one hundred per cent, for rule and figure work combined,)
the binder's bill for folding and stitching, &c., and the manufacturer's
bill for paper, (with ten per cent, added for wastage,) to be added to
and rendered in the printer's bill.
Resolved, That the said A. M. Roseborough, Donald Cameron, Jas.
Williams and E. G. Eastman enter upon the execution of the forego-
ing public work, as soon as they give bonds for its faithful perform-
ance according to law.
THE SENATE.
191
In which amendment the House of Representatives asks the concur-
rence of the Senate.
1 am also directed to transmit to the Senate the following petitions,
to wit:
A petition from Lewis, a man of color, and sundry citizens of Clai-
borne county, praying that said Lewis be permitted to remain in the
State, on giving bond and security, &c.
A petition of 57 citizens of Bedford county, praying that the
Legislature do not repeal the tippling act.
And then he withdrew.
Mr. Warner presented a petition of sixty-six citizens of Bedford
county, instructing their Senators and Representatives against a repeal
of the tippling law.
Which being read, was ordered to be transmitted to the House of
Representatives.
Mr. Ashe presented the petition of 316 citizens of Madison county,
praying a repeal of the tippling act, passed 1838.
Which being read, was on motion of mr. Ashe, transmitted to the
House of Representatives.
Mr. Jennings introduced
A bill making appropriations for the payment of certain claims
against the Lunatic Asylum.
Which was read a first time and passed.
Mr. Turney introduced
A bill to establish the judicial circuit, and for other purposes.
Which was read a first time and passed.
On motion of mr. Laughlin,
Said bill was referred to the committee on the judiciary.
The Senate, on motion of mr. Laughlin, took up the consideration of
A bill to incorporate the inhabitants of the town of Hillsborough,
in the county of Coffee.
VV hich bid was read a first time and passed.
The Senate, on motion of mr. Miller, took up the consideration of
A bill to consolidate the funds, and to provide for but one, instead of
two separate classes of common schools in t.iie Hiwassee and Ocoee
districts in the State of Tennessee.
Which was read a third and last time.
The question,
Shall said bill pass ?
Was had and determined in the affirmative—ayes, 18—nays, 00.
The ayes and nays being demanded,
Those who voted in the affirmative were :
Messrs. Ashe, Bradbury, Frey, Gardner, Hardwicke, Jennings,
Johnson, Laughlin, Matthews, Miller, Nelson, Powell, Reneau, Ross,
Sevier, Waterhouse, Williams, and mr. Speaker Turney—18.
Nays—None.
And so said bill passed on its third and last reading, was ordered to
be engrossed, and transmitted to the House of Representatives.
Mr. Turney introduced
A bill to regulate the fees of Clerks and Masters, and to prevent the
192
JOURNAL OF
chancellors from making any allowance other than the fees fixed by
law."
Which bill was read a first time and passed.
On motion of mr. Gardner,
Said bill was referred to the committee on the judiciary.
On motion of mr. Nelson,
The Senate took up the consideration of the message from the
House of Representatives, relating to the appointment of public prin-
ter, in which the House of Representatives have adopted an amend-
ment in lieu of the Resolution of the Senate relating to the public
printing, changing the terms of the contract touching the execution
thereof, as proposed in the resolution of the Senate, to which
amendment the House of Representatives asks the concurrence of the
Senate, which being read, the question, will the Senate concur in the
amendment made by the House of Representatives to the resolution of
the Senate relating to the public printing?
When mr. Jennings submitted the following in lieu of the amend-
ment made by the House of Representatives to said resolution of the
Senate relating to the public printing:
Resolved, That F. Bang & Co. be employed to execute the printing
of the acts and journals of this General Assembly, and the reports of
the decisions of the Supreme court, at 62i cents per 1,000 ems, for
composition, and 62i cents per token for press work, with the addition
of 50 per cent for rule or figure work, and 100 per cent for rule and
figure work, the binders bill to be added, and 10 per cent on the cost
of paper to fover waste—-and that they proceed to the execution of
Said work, upon their giving bond and security for the faithful perfor-
ranee of the same.
Mr. Jennings moved that the names of A. M. Roseborough, Donald
Cameron, James Williams, and E. G. Eastman, by said amended res-
plution appointed printers to the General Assembly, and publishers of
the decisions of the Supreme Court be stricken out, and the names of
F. Bang & Co. inserted in lieu thereof, upon the terms proposed by said
company—
When the Speaker declared that the proceeding and motion of mr.
Jennings was out of order—from which decision mr. Jennings ap-
pealed to the Senate.
The sense of the Senate being had thereon, the decree of the Speak-
er was sustained,
And said amendment, and motion to insert, in lieu of the amend-
ment of the House of Representatives to the resolution of the Senate
was rejected.
The question then recurred on the concurrence in the amendment
adopted by the House of Representatives in lieu of the Senate's resolu-
tion relating to the appointment of public printer.
Which being considered, the Senate concurs therein.
Ordered, That the Clerk acquaint the House of Representatives
therewith.
On motion of mr. Jennings,
The Senate adjourned until 2 o'clock, p. m„
THE SENATE.
193
EVENING SESSION.
The Senate, op motion of mr. Nelson, took up the consideration of
A bill to change the time of holding the Circuit Courts in the 2d ju-
diciai circuit of the State of Tennessee.
Which bill was read a second time and passed; also,
A bill to increase the number of Trustees of the KnoXville Female
Academy.
Which bill was read a second time and passed.
Mr. Gardner introduced
A bill to amend the act of 1817, chapter 65, sec. 4, fixing the com-
pensation of Attorney Generals in this State.
Which bill was read a first time and passed.
The Senate took up the consideration of
A bill to secure the solvency of the State, and to provide for the in-
vestigation of accounts of certain officers before election.
Which bill was read a second time and passed.
The Senate, on motion of mr. Johnson, took up the consideration
of
A bill from the House of Representatives giving further time for
making surveys and obtaining grants on entries heretofore made,
Was read a second time,
When mr. Johnson asked and obtained leave to withdraw said bill
for amendment.
On motion of mr. Gardner,
Mr. Reneau was added to the committee on Agriculture and Man-
ufactures.
On motion of mr. Nelson,
The Senate adjourned until to-morrow morning 9 o'clock.
TUESDAY, Nov. 9, 1841.
A message from the House of Representatives, by Mr. Mitchell, their
clerk.
Mr. Speaker-: The House of Representatives have read and con-
sidered the amendment of the Senate to the bill of the House of Rep-,
resentatives, to appoint commissioners to settle the business of the
late board of common school commissioners of Sevier county and they
concur in said amendment of the Senate.
The House has also considered the resolution of the1 Senate rela-
tive to the defalcation of E. W. Dale, late cashier of the Branch Bank
of Tennessee, at Columbia, have amended said resolution by striking
out a portion thereof and adding additional matter1 thereto. In which
amendment the House of Representatives asks the concurrence of the
Senate.
The House of Representatives have adopted a resolution relative
to certain frauds, charged to have been perpetrated against the State
by the President of the Pelham and Jasper Turnpike company—in
which they ask the concurrence of the Senate,
And then he withdrew.
13
L94
JOURNAL OF
The Senate, on motion of mr. Laughlin, took up the consideration
of the message from the House of Representatives, relative to certain
frauds alledged to have been committed against the State by G. W.
Thompson, President of the Pelham and Jasper Turnpike company,
and directory to the Attorney General for the 13th judicial circuit.
Which being read, Mr. Waterhouse moved to amend the resolu-
tion in said message mentioned, by striking out the words:
" Whereas information has been received that frauds are being
practised upon the State by G. W. Thompson, President of the Pel-
ham and Jasper Turnpike company : Therefore be it."
Which being considered said motion was sustained.
Mr. Laughlin moved further to amend said resolution by striking
out the words, "this niatter and make report thereof to the Attorney
General for the State of Tennessee," and by adding thereto the fol-
lowing words, to-wit: " the condition and proceedings of the Pelham
and Jasper Turnpike company, and whether the State has been, or is
likely to be defrauded by the operatipns of the same and of the facts
connected with the payments of stock on the part of the Stockholders,
by which said bonds were procured to be issued, and whether any mo-
hey was bona fids, paid, and if any, how much ; and the said Attor-
ney (general is hereby empowered to send for persons, books and pa-
pers, and to take the deposition of witnesses, to be sworn to before
any judge or justice of the peace in this State ; and that he also take
proof-of the fact whether the stockholders, or president and directors
of said company have at any time by vote, determined to surrender
their charter—and any amount of State bonds which may have is-
sued to them, and if so determined, proof of the reasons why said sur-
renders have not been made."
And said resolution as amended was concurred in.
Ordered, That the clerk acquaint the House of Representatives
therewith, and ask their concurrence in said amendment.
Mr. Nelson moved to take up two resolutions, proposing that the
Senate meet the House of Representatives in the Representative Hall,
for the purpose of electing two Senators to the Congress of the United
States from the State of Tennessee.
And the question,
Will the Senate take up the consideration of said resolutions?
Being had, was determined in the negative—ayes, 9—nays, 10.
The ayes and nays being demanded by mr. Nelson,
Those who voted in the affirmative were :
Messrs. Ashe, Bradbury, Foster, Frey, Motley, Nelson, Reneau, Se-
Vier, and Williams—9.
Those who voted in the negative were:
Messrs. Gardner, Johnson, Laughlin, Maclm, Matthews, Miller,
Powell, Ross, Waterhouse, and Speaker Turney, 10.
So said motion to take up said resolutions was rejected.
Mr. W illiams introduced
A bill for the encouragement of Agriculture and Domestic Manu-
factures.
Which bill was read a first time and passed, and on motion of mr.
THE SENATE.
195
Williams, was referred to the committee on Agriculture and Manu-
factures,
Mr. Williams submitted the following :
Resolved by the General Assembly of the State of Tennessee, That
the committee on Agriculture and Manufactures be instructed to en-
quire into the expediency of procuring a thorough geological and ag-
ricultural survey of this State, or of abolishing entirely the office of
Geologist of the State, and to report by bill or otherwise.
Which being read,
On motion of mr. Williams,
The rule requiring resolutions to lie over one day was suspended*,
and said resolution was adopted.
Mr. Williams moved that the committee on new counties and coun-
ty lines, to whom had been referred
A bill to alter the county line between the counties of Knox and
Grainger,
From the further consideration thereof be discharged.
Which motion prevailed.
The Senate took up the consideration of
A bill to alter the county line between the counties of Knox and
Grainger.
Which was read a third and last time and passed—and ordered to
be engrossed and transmitted to the House of Representatives.
Mr. Foster moved that fifty copies of the report and tabular state-
rnent submitted by the Secretary of State, exhibiting the number
of free white male inhabitants of the age of twenty-one years and
upwards, residing in the several counties within the State of Tennes-
see, taken in conformity with the provisions of an act of Assembly,
passed 29th January, 1840, be printed for the use of the Senate.
Which motion prevailed.
A message from the House of Representatives by Mr. Mitchell, their
Clerk:
Mr. Speaker : The House of Representatives took up and read a
petition of 73 citizens of Hardeman and Fayette counties, against the
repeal of the Tippling act.
Also, the petition of 102 citizens of Hardeman county praying thp
repeal of the Tippling law.
Also, the petition of citizens of Robertson county, praying that a
law may be passed for the encouragement of the culture of silk—
which 1 am directed to transmit to the Senate.
And then he withdrew.
The Senate took up, on motion of mr. Frey, a message from the
House of Representatives transmitting a petition of citizens of Robert--
son county, praying that a law may be passed to promote the culture
of silk in the State of Tennessee.
Which being read and considered,,
On motion of mr. Frey,
Was referred to-the committee on Agriculture and Manufactures.
The Senate, on motion of mr. Nelson, took up the consideration of
A bill to increase the number of Trustees of the Knoxville Female
Academy.
196
JOURNAL OP
Which was read a third and last time and passed.
Ordered to be engrossed and transmitted to the House of Represent
tatives.
Mr. Foster presented a communication from Thomas Park, Esq., and
others, of the town of Franklin, in Williamson county, asking for the
incorporation of a company for the purpose of carrying on the manu-
factory of Silk, under certain limitations and restrictions therein men-
tioned.
Which being read, was,
On motion of mr. Foster,
Referred to the committee on Agriculture and Manufactures.
Mr. Turney introduced
A bill to authorise the State Bank and Branches to renew all notes
of two hundred dollars and under, by calling ten per cent, semi-an-
nually.
Which was read a first time and passed.
The Senate took up
A bill to incorporate the inhabitants of the town of Hillsboro', in
the county of Coffee.
Which was read a third and last time and passed.
Was ordered to be engrossed and transmitted to the House of Rep-
resentatives.
The Seriate took up the consideration of
A bill to amend the act of 1817, chap. 65, sec. 4, fixing the compen-
sation of Attorneys General in this State.
Which was read a second time and passed.
Mr. Williams asked and obtained leave to withdraw said bill for
amendment.
The Senate took up the consideration of
A bill making appropriations for the payment of certain claims
against the Lunatic Asylum.
Which, on motion of inr. Reneau, was laid on the table.
The Senate took up the consideration of
A bill from the House of Representatives, to change the time of
holding the Circuit Courts of DeKalb county.
Which was read a first time and passed.
The Senate, on motion of mr. Foster, took up the consideration of
A bill to secure the revenue of the State and to provide for the set-
tlement of the accounts of certain officers therein named, before elec-
tion.
Which was read a third and last time and passed—yeas, 20—nays,
none.
The ayes and noes being demanded,
Those who voted in the affirmative,were: 4
Messrs. Ashe, Bradbury, Foster, Frey, Gardner, Hardwicke, John-
son, Laughlin, Maclin Matthews, Miller, Motley, Nelson, Powell,
Reneau, Ross, Sevier, Waterhouse, Williams, and Speaker Turney
—20. Nays, none.
And so said bill was passed on its third and last reading,
THE SENATE.
197
And ordered to be engrossed and transmitted to the House of Rep*
resentatives.
Mr, Gardner submitted the following:
Resolved by the Senate of the General Jlssembly of the State
of Tennessee, That a select committee, to consist of four members,
one from each of the Chancery Divisions of this State, be appointed
by the Speaker, to take into consideration the comparative amount of
judicial labor now required to.be performed by each of the Chancel-
lors of this State under the existing laws, with a view to equalize the
duties and labors of said Chancellors as nearly as. practicable—and
that said committee have leave to. report by bill or otherwise.
Which being read,
On motion of mr. Gardner,
The rule requiring said resolution to lie over one day was suspend-
ed, and said resolution adopted.
The Speaker of the Senate then, appointed Messrs. Gardner, Foster,
Laughlin, and Nelson of said committee.
This being the day appointed, for the examination of the financial
condition and resources of the Banks of the city, and requiring the
absence of Senators,
Mr, Sevier moved, that the Senate adjourn until to-morrow morn--
ing, 9 o'clock.
Which motion prevailed.
WEDNESDAY, Nov. 10, 1S4L
Mr. Laughlin presented a communication from the- President and
Directors of the Bank of the State, responsive to a resolution hereto-
fore adopted by the Senate, directory to said President and provided
for by law.
Which being read,
Mr. Laughlin asked and obtained leave to withdraw said resolution
for amendment..
Mr. Laughlin submitted the following amendment to the resolution
by him submitted on the 30th ultimo, relating to the employment of
an additional clerk in the Bank of the State, to wit:
" For the transaction of business within doors, or in necessary ex-
igencies out of doors."
Which amendment being read, was, with said communication, laid
on the table.
Mr. Reneau submitted the following:
Resolved, That the two Houses of the General Assembly will meet
in convention on Saturday the 20th instant, for the purpose of electing
two Senators to Congress—one to serve six years from the fourth of
March last, and the other to serve out the balance of the unexpired
term of the Hon. Felix Grundy, deceased.
Which being read, was ordered to the table.
Mr. Reneau introduced
A bill to encourage domestic manufactories.
Which was read a first time aqd passed.
198
JOURNAL OF
On motion of mr. Reneau,
Said bill was referred to the committee on Agriculture and Manu-
factures.
Mr. Foster introduced
A bill to amend the act of 1801, chapter 6.
Which was read a first time and passed.
Mr. Bradbury introduced
A bill to provide for the issuance of duplicate Treasury warrants, in
certain cases.
Which was read a first time and passed.
Mr. Laughlin introduced
A bill to amend an act entitled an act to regulate the salaries of the
officers of the Bank of Tennessee and Branches," passed January 28,
1840.
Which bill was read a first time and passed.
Mr. Laughlin moved a re-consideration of the amendment made to
the resolution of the House ot Representatives by the Senate, and the
concurrence of the Senate therein as amended, directory to the Attor-
ney General of the 13th District—also relating to the acts of the Pel-
ham and Jasper Turnpike Company.
Which motion prevailing, mr. Laughlin then offered the following
amendment to said resolution, to wit:
" And said Attorney General shall report his proceedings in the
premises to the Attorney General lor the State."
Which being read and considered, was adopted and concurred with
as amended.
Ordered, that the clerk acquaint the House of Representatives there-
with, and ask their concurrence therein.
A message from the House of Representatives by Mr. Mitchell, then
Clerk :
Mr. Speaker: The Speaker of the House of Representatives did
this day sign an enrolled act, entitled
An act giving further time for obtaining grants in the Hiwassee and
Ocoee Districts.
And then he withdrew.
Whereupon, the Speaker of the Senate signed the said enrolled act,
and ordered it to be deposited in the office of the Secretary of State.
The Senate, on motion ofmr. Ledbetter, took up the consideration of
"A bill incorporating the Union University of Tennessee," on its third
and last reading.
Mr. Foster offered the following amendment to the first section of
said bill, to be inserted after the word " dollars," occurring at the end
of the sentence limiting the yearly value of the real estate which may
be held and used by said University:
<c And provided also, the principal and interest of which fund shall
be used and applied to the promotion of education and to no other
purpose."
Which amendment being read and considered, and the sense of the
Senate had thereon, said amendment was adopted.
THE SENATE.
199
Mr. Foster offered the further amendment to be added at the end of
the first section of said bill:
" And, Provided, said donation shall not be contrary to the laws of
the-land,"
Which amendment being read and considered, was adopted.
Mr. Williams offered the following amendment to the second section
of said bill:
" That upon the death, or refusal to act, removal, or resignation of
any trustee, the vacancy shall be filled by the next succeeding Legis-
lature after such vacancy shall have occurred."
Which being read, mr. Ledbetter moved to lay said amendment on
the table; which motion prevailed.
Mr. Gardner moved to amend said bill by striking out all the provis-
ions therein contained, excepting the property and estate of said Uni-
versity from taxation.
When, on motion of mr. Foster,
Said bill and amendment offered by mr. Gardner, was laid on the ta~
ble.
The Senate then took a recess preparatory to meeting the House of
Representatives in their Hall, to elect an Attorney General for the 11th
judicial circuit.
The Speaker of the Senate called the Senate to order.
A message from the House of Representatives by mr. Mitchell, their
clerk:
Mr. Speaker: The House of Representatives is now ready to re-
ceive the Senate in their Hall, for the purpose of going into the elec-
tion of an Attorney General for the 11th Judicial circuit.
And then he withdrew.
Whereupon, mr. Speaker Turney and gentlemen of the Senate re-
paired to the Hall of • the House of Representatives.
Mr. Speaker Turney of the Senate, and mr. Speaker Douglass of
the House of Representatives, in the Chair.
The roll of the Senate being called, all the members of the Senate
were present answering.
The roll of the House of Representatives being called, seventy-five
gentlemen of the House answered, being present.
The Speaker of the House of Representatives directed that the reso-
lution adopted by the House of Representatives, and concurred in by
the Senate, creating the present convention, for the purpose of electing
an Attorney General for the 11th Judicial circuit be read; which being
done,
The Speaker of the House of Representatives announced that nom-
inations to said office were now in order.
Whereupon, E. W. King, John P. Caruthers, Thomas Rivers, Wm.
K. Greer, Poston and Wm. Blythe, were put in nomination as
candidates for said office.
The convention then proceeded, viva voce, to elect an Attorney. Gen-
eral for the 11th Judicial circuit.
Those Senators who voted for mr. King were:
Messrs. Gardner, Hardwicke, Johnson, Maclin, Martin, Matthews,
200
JOURNAL OF
Miller, Powell, Ross and Warner, 10—the votes cast of thd House of
Representatives for mr. King as reported being 24—in ail 34.
Those Senators who voted for mr. Caruthers were:
Messrs. Ashe, Ledbetter and Nelson, 3—the votes cast of the House
of Representatives for mr. Caruthers as reported being 14—in all 17.
Those Senators who voted for mr. Rivers were:
Messrs. Bradbury, Jennings, Laughlin and Reneau, 4—the votes
cast of the House of Representatives for mr. Rivers as reported being
10—in all 14.
Those Senators who voted for mr. Greer were:
Messrs. Sevier, Waterhouse and Williams, 3—the votes cast of the
House of Representatives for mr. Greer as reported being 15—in all
18.
Those Senators who voted for mr. Blythe were:
Messrs. Foster, Motley, Peyton and Speaker Turn.ey, 4—the votes
cast of the House of Representatives for mr. Blythe as reported being
9—in all 13.
Senator Frey voting for mr. Poston—the votes cast of the House of
Representatives for mr. Poston being 3—in all 4.
Neither of said candidates having a majority of all the votes cast in
said convention, the Speaker of the Senate declared that there was no
election, and put the question,
Shall the convention proceed in said election ?
Being had and determined in the affirmative, the convention pro-
ceeded, viva voce, a second time, to elect an Attorney General for the
11th Judicial Circuit.
Those Senators who voted far mr. King were:
Messrs. Gardner, Hardwicke, Johnson, Maclin, Martin, Matthews,
Miller, Powell, Ross and Warner, 10—the votes cast of the House of
Representatives for mr. King being 23—in all 33.
Those Senators who voted for mr. Caruthers were:
* Messrs. Ashe, Ledbetter and Nelson, 3—the votes cast of the House
of Representatives for mr. Caruthers as reported being 15—in all 18.
Those Senators who voted for mr. Rivers were:
Messrs. Bradbury, Jennings and Laughlin, 3—the votes cast of the
House of Representatives for mr. Rivers as reported being 11—in all
14.
Those Senators who voted for mr. Greer were:
Messrs. Reneau, Sevier, Waterhouse and Williams, 4—the votes
cast of the House of Representatives for mr. Greer as reported being
14—in all 18.
Those Senators who voted for mr. Blythe were :
Messrs. Foster, Motley, Peyton and Speaker Turney, 4—the votes
cast of the House of Representatives for mr. Blythe as reported being
9—in all 13.
Senator Frey voting for mr. Poston—the votes cast of the House of
Representatives for mr. Poston as reported being 3—in all 4.
Neither of said candidates having a majority of all the votes cast in
said convention, the Speaker of the Senate declared that there was no
election, and put the question,
THE SENATE
201
Will the convention proceed in said election ?
Which being determined in the affirmative, the convention proceeded
viva voce, a third time, to elect an Attorney General for the 11th Ju-
dicial circuit.
Those Senators who voted for mr. King were:
Messrs. Gardner, Hardwicke, Johnson, Maclin, Matthews, Miller,
Powell, Ross and Warner, 9—the votes cast of the House of Repre-
sentatives for mr. King being 25—in all 34.
Those Senators who voted for mr. Caruthers were:
Messrs. Ashe, Ledbetter, Nelson and Williams, 4—the votes cast of
the House of Representatives for mr. Caruthers as reported being 16
—in all 20.
Those Senators who voted for mr. Rivers were:
Messrs. Bradbury, Jennings and Laughlin, 3—the votes cast of the
House of Representatives for mr. Rivers as reported being 10—in all
13.
Those gentlemen of the Senate who voted for mr. Greer were:
Messrs. Martin, Sevier, Reneau and Waterhouse, 4—the votes cast
of the House of Representatives for mr. Greer as reported being 11—
in all 15.
Those Senators who voted for mr. Blythe were:
Messrs. Foster, Motley, Peyton and Speaker Turney, 4—the votes
cast of the House of Representatives for mr. Blythe as reported being
9—in all 13.
Senator Frey voting for mr. Poston: the votes cast of the House of
Representatives for mr. Poston as reported being 4: in all 5.
Mr. Poston was then withdrawn.
Neither of said candidates having a majority of all the votes cast in
said convention, the Speaker of the Senate declared that there was no
election, and put the question:
Shall the convention proceed in said election?
Which being had, was determined in the affirmative.
The convention then proceeded, viva voce, a fourth time, to elect an
Attorney General for the 11th Judicial Circuit.
Those Senators who voted for mr. King were:
Messrs. Gardner, Hardwicke, Johnson, Maclin, Matthews, Miller,
Powell, Ross and Warner, 9: the Votes cast of the House of Repre-
sentatives for mr. King as reported being 20: in all 29.
Those Senators who' voted for mr. Caruthers were:
Messrs. Ashe, Ledbetter, Nelson and Williams, 4: the votes cast of
the House of Representatives for mr. Caruthers as reported being 17:
in all 24.
Those Senators who voted for mr. Rivers were:
Messrs. Bradbury, Frey, Jennings, Laughlin and Speaker Turney,
5: the votes cast of the House of Representatives for mr. Rivers as
reported being 10; in all 15. *
Those Senators who voted for mr. Greer were:
Messrs. Martin, Reneau, Sevier and Waterhouse, 4: the votes cast
of the House of Representatives for mr. Greer as reported being 17:
in all 21.
202
JOURNAL OF
Those Senators who voted for mr. Blythe were:
Messrs. Foster, Motley and Peyton, 3: the votes cast of the House
of Representatives for mr. Blythe as reported being 10: in all 13.
Neither of said candidates having received a majority of all the
votes cast in said convention, the Speaker of the Senate declared that
there was no election, and put the question:
Will the convention now proceed in said election ?
Which being determined in the affirmative,
The convention proceeded a fifth time, viva voce, to elect an Attorney
General in the 11th Judicial Circuit.
Those Senators who voted for mr. King were:
Messrs. Gardner, Hardwiclie, Johnson, Maclin, Martin, Matthews,
Miller, Powell, Ross and Warner, 10: the votes cast of the Hotise of
Representatives for mr. King as reported "being 28: in all 38.
Those gentlemen of the Senate who voted for Mr. Caruthers were:
Messrs. Foster, Frey, Ledbetter, Nelson and Williams, 5: the votes
cast of the House of Representatives for mr. Caruthers as reported be-
ing 17: in all 22.
Those gentlemen of the Senate who voted for mr. Rivers were:
Messrs. Ashe, Bradbury, Jennings, Laughlin and Speaker Turney,
5: the votes cast of the House of Representatives for mr. Rivers as
reported being 9 : in all 14.
Those Senators who voted for mr. Greer were:
Messrs. Reneau, Sevier and Waterhouse, 3: the votes cast of the
House of Representatives for mr. Greer as reported being 11: in all
14.
Those Senators who voted for mr. Blythe were:
Messrs. Motley and Peyton, 2 : the votes cast of the House of Rep-
resentatives for mr. Blythe as reported being 10: in all 12.
Neither of said candidates having received a majority of the whole
number of votes cast in said convention, the Speaker of the Senate de-
clared that there was no election, and put the question:
Shall the convention proceed in said election?
Which being had, was determined in the affirmative.
The convention then proceeded, viva voce, a sixth time, to elect an
Attorney General for the llth Judicial Circuit.
Those Senators who voted for mr. King were:
Messrs. Johnson, Maclin, Martin, Matthews, Miller, Powell and
Warner, 7: the votes cast of the House of Representatives for mr.
King as reported being 25: in all 32.
Those Senators who voted for mr. Caruthers were :
Messrs. Ledbetter, Nelson and Williams, 3 : the votes cast of the
House of Representatives for mr. Caruthers as reported being 16: in
all 19.
Those Senators who voted for mr. Rivers were :
Messrs. Ashe, Bradbury, Jennings, Laughlin, Reneau and Speaker
Turney, 6: the votes cast of the House of Representatives for mr.
Rivers as reported being 9 : in all 15.
Those Senators who voted for mr. Greer were:
Messrs. Gardner, Hardwicke, Ross, Sevier and Waterhouse, 4: the
THE SENATE.
203
votes cast of the House of Representatives for mr. Greer as reported
being 10: in all 14.
Neither of said candidates having a majority of all the votes cast in
said convention, the Speaker of the Senate declared that there was no
election, and put the question,
Shall the convention proceed in said election ?
Which was determined in the affirmative.
The convention proceeded, viva voce, a seventh time, to elect an At-
torney General for the 11th Judicial circuit.
Those Senators who voted for mr. King were:
Messrs. Johnson, Maclin, Matthews, Powell and Warner, 5: the
votes cast of the House of Representatives for mr. King as reported
being 19: in all 24.
* Those Senators who voted for mr. Caruthers were:
Messrs. Ledbetter, Miller and Nelson, 3: the votes cast of the House
of Representatives for mr. Caruthers as reported being 19 : in all 22.
Those Senators who voted for mr. Rivers were:
Messrs. Ashe, Bradbury, Jennings, Langhlin and Reneau, 5: the
votes cast of the House of Representatives for mr. Rivers as reported
being 10 : in all 15.
Those Senators who voted for mr. Greer were:
Messrs. Frey, Gardner, Hardwicke, Martin, Ross, Sevier and Water-
house,7 :* the votes cast of the House of Representatives for mr. Greer
as reported being 18 : in all 25.
Those Seuators who voted for mr. Blythe were :
Messrs. Foster, Peyton, Williams and Speaker Turney, 4: the votes
cast of the House of Representatives for mr. Blythe as reported being
9: in all 13.
Neither of the candidates having a majority of the votes cast in said
convention, the Speaker of the Senate declared that there was no elec-
tion, and put the question,
Will the convention proceed in said election?
Which being determined in the affirmative, the convention proceeded
viva voce, an eighth time, in the election of an Attorney General for the
11th Judicial circuit.
Those Seuators who voted for mr. King were:
Messrs. Johnson,Maclin, Matthews, Miller, Powell, and Warner, 6
the votes cast of the House of Representatives for mr. King, as re-
ported being 21 —in all 27.
Those Senators who voted for mr. Caruthers were:
Messrs. Ashe, Foster, Ledbetter, and Nelson, 4—the votes cast of
the House of Representatives for mr. Caruthers, as reported, being 20
—in all 24.
Those Senators who voted for mr. Rivers were ;
Messrs. Bradbury, Jennings, Laughlin, and Reneau, 4—the votes
cast of the House of Representatives for mr. Rivers, as reported, be-
ing 9—in all 13.
• Those Senators who voted for mr. Greer were:
Messrs. Frey, Gardner, Hardwicke, Martin, Ross, Sevier and Wa-»
204
JOURNAL OF
terhouse, 7—the votes cast of the House of Representatives for mr.
Greer, as reported, being 16—in all 23.
Those Senators who voted for mr. Blythe were:
Messrs. Motley, Peyton, Williams, and Mr. Speaker Turney, 4 - the
votes cast of the House of Representatives for mr. Blythe, as reported,
being 9—in all 13.
Neither of the candidates having received a majority of all the votes
cast in said convention, the Speaker of the Senate declared that there
was no election, and put the question :
Shall the convention proceed fur (her in said election?
Which being determined in the affirmative,
The convention proceeded, vivd voce, a ninth time to elect an At-
torney General for the 8th Judicial Circuit.
Those Senators who voted for mr. King were:
Messrs. Hardwicke, Johnson, Maclin, Matthews, Miller, Powell, and
Warner, 7—the votes cast of the House of Representatives formr.
King, as reported, being 24—in all 31.
Those Senators who voted for mr. Caruthers, were:
Messrs. Foster, Frey, Ledbetter, and Reneau, 5—the votes cast of
the House of Representatives for mr. Caruthers, as reported, being
21—in all 26.
Those Senators who voted for mr. Rivers, were:
Messrs. Bradbury, Jennings, Laughlin, and mr. Speaker Turney, 4
—the votes cast of the House of Representatives for mr. Rivers, as
reported, being 9—in all 13.
Those Senators who voted for mr. Greer, were:
Messrs. Gardner, Martin, Ross, Sevier, and mr. Speaker Turney, 5
—the votes cast of the House of Representatives for mr. Greer, as
reported, being 12—in all 17.
Those Senators who voted formr. Blythe, were:
Messrs. Motley, Nelson, Peyton, and Williams, 4—the votes cast
of the House of Representatives for mr. Blythe, as reported, being
8—in all 12.
Neither of said candidates having a majority of all the votes cast in
said convention, the Speaker of the Senate declared that there was no
election, and the question,
Shall the convention proceed in said election?
Which being determined in the affirmative,
The convention then adjourned to meet again in the Hall of the
House of Representatives, on to-morrow morning at 9 o'clock.
THURSDAY, Nov. 11, 1841.
Mr. Speaker Turney of the Senate, mr. Speaker Douglass of the
House of Representatives, in the chair in the Representative Hall.
The Speaker of the Senate ordered the roll of Senators to be called,
when twenty-five Senators answered.
The roll of the House of Representatives being called by order of#
the Speaker of the House, when 75 Representatives answering,
THE SENATE.
205
The convention then proceeded viva voce, a tenth time to elect an
Attorney General for the 11th Judicial circuit.
Those Senators who voted for mr. King were:
Messrs. Gardner, Hardwicke, Johnson, Maclin, Martin, Matthews,
Miller, Powell, Warner, andmr. Speaker Turney, 10—the votes cast
of the House of Representatives for mr. King, as reported, being 27
—in all 37.
Those Senators who voted for mr. Caruthers, were:
Messrs. Ashe, Foster, Frey,'and Ledbetter, 4—the votes cast of the
House of Representatives for mr. Caruthers, as reported, being 18—
in all 22.
Those Senators who voted for mr. Rivers, were:
Messrs. Bradbury, Jennings, Laughlin, Sevier, 4—the votes cast
of the House of Representatives for mr. Rivers, as reported, being 9
—in all 13.
Those Senators who voted for mr. Greer, were :
Messrs. Reneau, Ross, Waterhouse, and Williams, 4—the votes ca^t
of the House of Representatives formr. Greer, as reported, being" 13-—
in all 17.
Those Senators who voted for mr. Blythe, were:
Messrs. Motley, Nelson, and Peyton, 3—the votes cast of the House
of Representatives for mr. Blythe, as reported, being 8—in all 11.
Neither of said candidates haying a majority of the votes cast in
said convention, the Speaker of the Senate declared that there was no
election, and the question,
Shall the convention proceed in said election ?
Being had, was determined in the affirmative.
The convention then proceeded, viva voce, an eleventh time, to elect
an Attorney General for the 11th Judicial Circuit?
Those Senators who voted for mr« King, were:
Messrs. Hardwicke, Johnson, Maclin, Matthews, Miller, Powell,
Ross, and Warner, 8—the votes cast of the House of Represents-
tives for mr. King being, as reported, 25—-in all 33.
Those Senators who voted for mr. Caruthers, were:
Messrs. Ashe, Foster, Frey, Ledbetter, Nelson, and Williams, 6—the
votes cast of the House of Representatives for mr. Caruthers, as re-
ported, being 18—in all 2 4.
Those Senators who voted for mr. Rivers were:
Messrs. Bradbury, Jennings, Laughlin, and Sevier, 4—the votes
cast of the House of Representatives for mr. Rivers as reported being
11—in all 15.
Those Senators who voted for mr. Greer were:
Messrs. Gardner, Maclin, Reneau, Waterhouse, 4—the votes cast of
the House of Representatives for mr. Greer as reported being 9—
in all 13.
Those Senators who voted for mr. Blythe were:
Messrs. Motley, Peyton, and Speaker Turney, 3—the votes cast of
the House of Representatives for mr. Blythe, as reported, being 9—in
all 12.
]S either of said candidates having a majority of all the votes cast
JOURNAL OF
in said convention, the Speaker of the Senate declared that there was
no election, and the question,
Shall said convention proceed in said election ?
Being had, was determine! in the affirmative.
The convention then proceeded, viva voce, a twelfth time to elect an
Attorney General for the 11th judicial circuit.
Senators who voted for mr. King were:
Messrs. Hardwicke, Johnson, Maclin, Matthews, Miller, Powell, and
Warner, 7—the votes cast of the House of Representatives for mr.
King, as reported, being 22—in all 29.
Those Senators who voted for mr. Caruthers were:
Messrs. Ashe, Foster, Frey, Ledbetter, Nelson, Reneau and Williams,
7: the votes cast of the House of Representatives for mr. Caruthers
as reported being 23: in-all 30.
Those Senators who voted for mr. Rivers were:
Messrs. Bradbury, Jennings, Laughlin, Sevier and Speajj^r Turney,
5: the votes cast of the House of Representatives for mr. Rivers as
reported being 9: in all 14.
Those Senators who voted for inr. Greer were:
Messrs. Gardner, Martin, Ross and Waterhouse, 4: the votes cast of
the House of Representatives for mr. Greer as reported being 12: in
all 16.
Those Senators who voted for mr. Blythe wepe:
Messrs. Motley and Peyton, 2 : the votes cast of the House of Rep-
resentatives for mr. Blythe as reported being 9: in all 11.
Neither of said candidates having a majority of all the votes cast in
said convention, the Speaker of the Senate declared that there was no
eleclion, and the question,
Shall the convention proceed in said election ?
Being had, was decided in the affirmative.
The convention proceeded, viva voce, a thirteenth time, to el^ct an
Attorney Generallbr the 11th Judicial Circuit.
Mr. Copeland, of the House of Representatives, re-nominated mr.
Poston, a candidate for said office.
Those Senators who voted for mr. King were:
Messrs. Hardwicke, Johnson, Maclin, Matthews, Miller, Powell and
Warner, 7 : the votes cast • of the House of Representatives for mr.
King as reported being 18 r in all 25.
Those Seuators who voted for mr. Caruthers were:
Messrs. Ashe, Foster, Ledbetter, Nelson, Reneau and Williams, 6:
the votes cast of the House of Representatives for mr. Caruthers as
reported being 27: in all 33.
Those Senators voting for mr. Rivers, were :
Messrs. Jennings, Laughlin, and Sevier, 3—the votes cast of the
House of Representatives for mr. Rivers, as reported, being 11—in
all 10.
Those Senators who voted for mr. Greer, were:
Messrs. Gardner, Martin, Ross, and Waterhouse, 4—the votes cast
of the House of Representatives for mr. Greer, as reported, being 11
—in all 15.
THE SENATE.
207
Those Senators who voted for mr. Blythe, were:
Messrs. Motley, Peyton, and Speaker Turney, 3—the votes cast of
the House of Representatives for mr. Blythe, as reported, being 7—
in all 10.
Those Senators who voted for mr. Poston, were:
Messrs. Bradbury, and Frey, 2—the votes cast of the House of Rep-
resentatives for mr. Poston, as reported, being 5—in all 7.
Neither of said candidates having a majority of all the votes cast
in said convention, the Speaker of the Senate declared that there was
no election, and the question,
Shall the convention proceed in said election?
Being had, was determined in the affirmative.
The convention proceeded, viva voce, a fourteenth time, to elect an-
Attorney General for the 11th Judicial Circuit?
Those Senators who voted for mr King, were:
Messrs. Iiardwicke, Johnson, Maclin, Matthews, Miller, Powell,
and Warner, 7—the votes cast, of the House of Representatives for
mr. King, as reported, being 18—in all 25.
Those Senators who voted for mr. Caruthers, were:
Messrs. 'Ashe, Foster, Frey, Jennings, Ledbetter, Nelson, Reneau,
Sevier, and Williams, 9—the votes cast of the House of Representa-
tives for mr. Caruthers, as reported, being 33—in all 42.
Those Senators who voted for mr. Rivers, were:
Messrs. Bradbury, Laughlin, and Speaker Turney, 3—the votes cast
of the House of Representatives for mr. Rivers, as reported, being 3
—in all 7.
Those Senators who voted for mr. Greer, were:
Messrs. Gardner, Martin, Ross, and Waterhouse, 4—the votes cast
of the House of Representatives for mr. Greer, as reported, being 11
—in all 15.
Those Senators who voted for mr. Blythe, were;
Messrs. Motley, and Peyton, 2—the votes cast of the House of Rep-
resentatives for mr. Blythe, as reported, being 5—in all 7,
The votes cast of the House of Representatives for mr. Poston be-
ing2. '
Neither of said candidates having a majority of all the votes cast in
said convention, the Speaker of the Senate declared that there was no
election, and the question,
Shall the Convention proceed in said election?
Being had, was determined in the affirmative.
The Convention then proceeded, viva voce, a fifteenth time to elect
an Attorney General in the 11th Judicial Circuit.
Those Senators who voted for mr. King, were;
Messrs. Hardwicke, Johnson, Maclin, Matthews, Miller, and Powell,
6—the votes cast of the House of Representatives for mr. King, as
reported, being 20—in all 26.
Those Senators who voted for mr. Caruthers, were;
Messrs. Ashe, Foster, Frey, Ledbetter, Nelson, Reneau, Sevier,
Warner, and Williams, 9—the votes cast of the House of Representa-
tives for mr. Caruthers, as reported, being 37—in all 46.
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JOURNAL OF
Those Senators who voted for mr. Rivers, were:
Messrs. Bradbury, Jennings, and Laughhn, 3—-the votes cast of
the House of Representatives for mr. Rivers being 4—in all 7.
Those Senators who voted for mr. Greer, were:
Messrs. Gardner, Martin, Ross, and Waterhouse, 4—the votes cast
of the House of Representatives for mr. Greer, as reported, being 7—
in all 11.
Those Senators who voted for mr. Blythe, were:
Messrs. Motley, Peyton, and Speaker Turney, 3—the votes cast of
the House of Representatives for mr. Blythe, as reported, being 5—in
all 8.
The House of Representatives casting one vote for mr. Poston, as
reported.
Neither of said candidates having a majority of the votes cast in
said convention, the Speaker of the Senate declared that there was no
election, and the question,
Shall the convention proceed in said election?
Being had, was determined in the affirmative.
The convention then proceeded, viva voce, a sixteenth time, to elect
an Attorney General for the 11th Judicial Circuit.
Those Senators who voted for mr. Ktng, were:
Messrs. Gardner, Hardwicke, Johnson, Machn, Matthews, Miller,
Powell, Ross, Waterhouse, and Warner, 10—the votes cast of the
House of Representatives for mr. King, as reported, being 24—in all
34.
Those Senators who voted for mr. Caruthers, were:
Messrs. Ashe, Foster, Frey, Ledbetter, Motley, Nelson, Peyton, He-
neau, Sevier, and Williams, 10—the votes cast of the House of Rep-
resentatives for mr. Caruthers, as reported, being 38—in all 48.
Those Senators who voted for mr, Rivers, were:
M'essrs, Bradbury, Jennings, Laughlin, and Speaker Turney, 4—the
votes cast of the House of Representatives for mr. Rivers, as reported,
being 4—in all 8.
Senator Martin voting for mr. Greer—the votes of the House of
Reprf -utatives cast for mr. Greer being, as reported, 5—in all 6;
The votes of the House of Representatives cast for mr. Blythe, as
reported, being 3.
Neither of the candidates having received a majority of all the votes
cast in said convention, the Speaker of the Senate declared that there
was no election, and the question,
Shall the convention proceed in said election ?
Being had, was determined in the affirmative, the Convention pro-
ceeded, viva voce, a seventeenth time in the election of an Attorney
General for the 11th judicial circuit.
Those Senators who voted for mr. King, were:
Messrs. Hardwicke, Johnson, iVaclin, Martin, Matthews, Miller,
Powell, Ross, Waterhouse, and Warner, 10—the votes cast of the
H'.use of Representatives for mr. King, as reported, being 27—in all
37.
Those Senators who voted for mr. Caruthers, were:
THE SENATE.
2C9
Messrs. Ashe, Frey, Jennings, Ledbetter, Motley, Nelson, Peyton,
Reneau, Sevier, and Williams, 11—the votes cast of the House of Rep-
resentatives for mr. Caruthers, as reported, being 38—in all 49.
Those Senators who voted for mr. Rivers, were:
Messrs. Bradbury, Laughlin, and Speaker Turney, 3—the votes cast
of the House of Representatives for mr. Rivers, as reported, being 4—
in all 7.
Senator Gardner voting for mr. Greer—the votes of the House of
Representatives cast for mr. Greer,being 3—in all 4.
The votes cast of the House of Representatives for mr, Blythe be-
ing 2.
Neither of said candidates having a majority of all the votes cast in
said convention, the Speaker of the Senate declared that there was no
election, and the question,
Shall the cdnvention proceed in said election?
Being had, was determined in the affirmative.
The convention proceeded, viva voce, the eighteenth time, to elect an
Attorney General for the 11th Judicial Circuit.
Those Senators who voted for mr. King, were:
Messrs. Gardner, Hardwicke, Johnson, Maclin, Martin, Matthews,
Miller, Powell, Ross, Waterhouse, and Warner, 11—the votes cast of
the House of Representatives for mr. King, as reported, being 30—in
all 41.
Those Senators who voted for John P. Caruthers, were :
Messrs. Ashe, Bradbury, Foster, Frey, Jennings, Ledbetter, Motley,
Nelson, Peyton, Reneau, Sevier, and Williams, 12—the votes cast of
the House of Representatives for mr. Caruthers, being 40—in all 52.|
Those Senators who voted for mr. Rivers, were:
Messrs. Laughlin and Speaker Turney, 2—the votes cast of the
House of Representatives for mr. Rivers, being 4—in all 6.
It appearing that John P. Caruthers had received 52 votes, which
being a majority of all the votes cast in said convention, the Speaker
of the Senate declared that John P. Caruthers was duly and constitu-
tionally elected Attorney General for the 11th Judicial Circuit, for the
full space and term of six years from the 15th October—the expiration
of the term of the present incumbent.
On motion of mr. Hardwicke, the convention rose.
And mr. Speaker Turney and gentlemen of the Senate returned to
their own Chamber and resumed their Session.
Mr. Foster presented the petition of 120 citizens of the counties of
Williamson and Maury, praying the Legislature that the act of As-
sembly known by the name of the " Tippling Act," may remain in
force, and be and remain unrepealed.
Also a petition of 100 ladies residing in the counties of Williamson
and Maury, praying the General Assembly that the Tippling act re-
main unrepealed, and that additional restrictions and penalties be im-
posed upon persons retailing ardent spirits.
Which being read,
It was ordered, on motion of mr. Foster,
That said petitions be transmitted to the House of Representatives.
14
210
JOURNAL OF
Mr/Laughlin submitted the following:
Resolved by the General Assembly of the State of Tennessee,
That the Senate meet the House of Representatives in the Hall of the
House of Representatives, on Saturday the 13th instant, at 11 o'clock,
a. at., for the purpose of electing a Treasurer of the State, and a
Comptroller of the Treasury.
Which being read, was laid on the table.
The Senate, on motion of mr. Laughlin, took up the consideration
of
A bill to amend an act entitled an act to regulate the salaries of the
officers of the Bank of Tennessee and Branches, passed January 28th,
1840.
Which ^vas read a second time and passed.
Mr. Reneau moved that the Senate take up a resolution by him sub-
mittedon yesterday, praying that the Senate meet the House of Rep-
resentatives in their Hall on Saturday the 20th instant, for the purpose
of electing two Senators to the Congress of the United States from the
State of Tennessee.
A call of the Senate was demanded and had—and twenty-four
Senators answered.
And the question, "will the Senate take up the consideration of
said resolution ?"
Being had, was determined in the negative—ayes 12—nays 12.
The ayes and noes being demanded, by mr. Reneau,
Those who voted in the affirmative, were:
Messrs. Ashe, Bradbury, Foster, Frey, Jennings, Ledbetter, Mot-
ley, Nelson, Peyton, Reneau, Sevier, and Williams—12.
Those who voted in the negative were:
Messrs. Gardner, Hardwicke, Johnson, Laughlin, Maclin, Martin,
Matthews, Miller, Ross, Waterhouse, Warner, and Speaker Turney
—12.
And so said motion to take up said resolution was rejected.
Mr. Nelson submitted the following:
Resolved, That the Senate meet the House of Representatives in
their Hall, on the 20th instant to elect a Senator in the Congress of the
United States, to fill the vacancy occasioned by the death of the Hon-
orable Felix Grundy, and to elect a Senator in the Congress of the
United States for the term of six years, commencing with the fourth of
March, 1841, to succeed the Honorable Hugh L. White.
Which being read, was ordered to lie on the table.
The Senate took up the consideration of
A bill to provide for the issuance of Duplicate Treasury Warrants
in certain cases.
Whiph was read a second time and passed.
The Senate, on motion of mr. Ledbetter, took up the consideration of
A bill incorporating the Union University of Tennessee.
Mr. Gardner moved to amend said bill by striking out the 8tli section.
Mr. Ledbetter moved to lay said bill, with the proposed amendment
offered by mr. Gardner, on the labie.
Which motion prevailed.
The Senate toon up the consideration of
THE SENATE.
211
A bill to ameudthe act of 1801, chap. 6.
Which bill was read a second time and passed.
The Senate took up the consideration of
A bill from the House of Representatives, to change the time of
holding the Circuit Courts of DeKalb county.
Which was read a second time and passed.
A. M. Caldwell, Engrossing Clerk to the Senate, asked and obtain-
ed leave of absence until Wednesday next.
Mr. Waterhouss moved that, the committee on banks be discharged
from the further consideration of
A bill to establish a Branch Bank of Tennessee at Chattanooga, in
the county of Hamilton.
Which being considered by the Senate, said committee from the fur-
ther consideration thereof is discharged.
The Senate, on motion of mr. Warner, took up the consideration of
A bill from the House of Representatives to change the time of
holding the Chancery Courts in Lewisburg, Marshall county.
Winch bill was read a second time and passed.
Mr. Ledbetter submitted the following:
Resolved by the General ^Assembly of the State of Tennessee, That
the committee on Banks be instructed ta report a bill to discontinue
the several branches of the bank of Tennessee, after the — day of —
except one for East Tennessee, and one for the Western District.
Wnich being read was laid on the table.
On motion of mr. Martin,
The Senate adjourned until to-morrow morning 9 o'clock.
FRIDAY, Nov. 12, 1841.
Mr. Ashe presented the petition of 90 citizens of the county of
Shelby, praying that that portion of Shelby county in said petition set
forth, be, by law, attached to the county of Tipton.
Whieh being read, was,
On motion of mr. Ashe,
Ordered to be transmitted to the House of Representatives.
Mr. Nelson moved that the Senate take up the consideration of a
resolution,by him submitted on yesterday, to meet the House of Rep-
resentatives at the Representative Hall on the 20th instant, for the
purpose of electing two Senators m the Congress of the United States
from the State of Tennessee.
Whieh motion prevailing—
A call of the Senate being demanded, which was had, twenty-two
Senators answering—the question,
Shall the resolution proposing to meet the House of Representatives
in the Representative Hall, on the 20th instant, to elect two Senators
in the Congress of the United States, from the State of Tennessee?
Being had, was determined in the negative—ayes, 11—nays, 11.
The ayes and nays being demanded by mr. Nelson,
Those who voted in the affirmative were:
journal of
Messrs. Ashe, Foster, Frey, Jennings, Ledbetter, Motley, Nelson,
Peyton, Reneau, Sevier, and Williams—11.
Those who voted in the negative were:
Messrs. Gardner, Hardwicke, Johnson, Laughlin, Maclm, Martin.
Miller, Powell, Ross, Warner, and Speaker Turney, 11.
And so said motion to go into the election of two Senators was re-
jected.
The Senate, on motion of mr. Gardner-, took up the consideration of
A bill to authorise Guardians in certain cases to expend more than
interest on the estates of their wards, in their maintainance,"
Was read a third and last time—which bill, on motion of mr. Led*-
better, was indefinitely postponed.
The Senate took up the consideration of
A bill from the House of Representatives giving further time for ma-
king surveys and obtaining grants on entries heretofore made.
When mr. Johnson offered the following amendment to said bill, to-
wit: "North and East of the Congressional line."
Which bill with the amendment was read a second time and pass-
ed.
Mr. Johnson introduced
A bill to amend an act erritled an act to distribute the Academy
moneys, and for other purposes"—passed January 27th, 1840.
Which bill was read a first time and passed.
Mr. Hardwicke in the chair.
A message from the House of Representatives by Mr. Mitchell, their
Clerk:
Mr. Speaker;* The House of Representatives have taken up and
considered the amendments of, the Senate, to the resolution of the
House directory to the Attorney General of the 13th Solicitorial Dis-
trict, in relation to the Pelham and Jasper Turnpike company; in
which amendments the House of Representatives concur.
And then he withdrew.
The Senate, on motion of mr. Bradbury, took up the consideration
of
A bill to provide for the issuance of treasury warrants in certain ca-
ses.
Which bill was, on motion of mr. Bradbury, referred to the commit-
tee on the Judiciary.
The Senate, on motion of mr. Laughlin, took up the consideration
of
A bill to amend an act entitled an act to regulate the salaries of
the officers of the Bank of Tennessee and branches, passed January
28, 1840.
Which bill was read a third and last time, and the question, shall
said bill pass ? being had, was determined in the affirmative—ayes, 18
—nays, 7.
The ayes and nays being demanded by mr. Warner,
Those who voted in the affirmative were :
Messrs. Ashe, Bradbury, Foster, Frey, Gardner, Hardwicke, Jen-
THE SENATE.
213
nings, Laughlin, Ledbettei, Maclin, Martin, Miller, Motley, Peyton,
Reneau, Ross, Sevier, and Williams—18.
Those who voted in the negative were :
Messrs. Johnson, Matthews, Nelson, Powell, Waterhouse, Warner,
and mr. Speaker Turney—7.
So said bill was passed on its third and last reading—and ordered
to be engrossed and transmitted to the House of Representatives.
Mr. Laughlin introduced
A bill to regulate Banks and Banking in this State.
Which bill was read a first time and passed, and on motion of mr.
Laughlin, said bill was referred to the committee on Banks.
The Senate, on motion of mr. Ledbetter, took up the consideration
of «
A bill incorporating the Union University of Tennessee,"
With the amendment offered by mr. Gardner to strike out the Sth
section of said bill, which section is as follows:
Sec. 8. The funds that may at any time belong to said institution
hereby incorporated, whether lands, buildings, or other rateable prop-
erty, and being in this State, shall be exempt from taxation.
Which amendment being considered, the question,
Shall said amendment be made, by striking out the eighth section of
said bill ?
Being had was determined in the affirmative—yeas, 14—nays, 9.
The ayes and nays being demanded by mr. Ledbetter,
Those who voted in the affirmative were:
Messrs. Gardner, Hardwicke, Johnson, Laughlin, Martin, Matthews,
Miller, Nelson, Powell, Ross, Waterhouse, Warner, Williams, and
mr. Speaker Turney, 14.
Those voting in the negative were:
Messrs. Ashe, Bradbury, Foster, Frey, Jennings, Ledbetter, Peyton,
Reneau and Sevier—9.
So said amendment was adopted, by striking out the 8th section of
said bill.
Mr. Johnson introduced the following amendment to said bill:
" Be it further enacted, That nothing in this act shall be so con-
strued as to prevent any future legislature from altering, amending,
modifying or repealing this charter, whenever, in the opinion of the
Legislature the public good may require the same to be done."
Which being read, and the sense of the Senate thereon had, said
amendment was adopted—ayes, 13—nays, 11.
The ayes and nays being demanded by mr. Ledbetter,
Those who voted in the affirmative were :
Messrs. Gardner, Hardwicke, Johnson, Laughlin, Maclin, Martin,
Matthews, Miller, Powell, Ross, Waterhouse, Warner, and Williams
—13.
Those who voted in the negative were :
Messrs. Ashe, Bradbury, Foster, Frey, Jennings, Ledbetter, Nelson,
Peyton, Reneau, Sevier, and Speaker Turney—11.
Ori motion of mr. Ledbetter,
Said bill with amendments were laid on the table.
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On motion of mr. Turtiey,
The Senate adjourned until 2 o'clock, p. m.
evening session.
Mr. Williams moved a re-consideration of the amendment to
A bill incorporating the Union University of Tennessee, offered by
mr. Johnson, and adopted by the Senate, subjecting the charter of said
institution to subsequent Legislatures, to alter, amend, modify or repeal
the same.
Mr. Williams, who asked and obtained leave to withdraw for
amendment,
A bill to amend the act of 1817, chap. 65, sec. 4, fixing the compen-
sation of Attorneys General in this State,
Returned the same, and introduced the following amendment there-
to, to wit:
See. 2. Be it further enacted, That whenever any judgment for
any fine or costs shall be rendered in any court against any defendant
upon any prosecution, under any of the statutes which may be in force,
to discourage and suppress gaming, five dollars only shall be taxed in
the bill of costs as a fee to the Attorney General, where the same shall
be prosecuted to conviction; but in no case shall the county or State
be liable for said fees, but shall only be collected off the delinquent de-
fendant.
Which bill, with the amendment offered, being read,
Mr. Nelson asked and obtained leave to withdraw for furtheramend-
ment.
The Senate took up the consideration of
A bill from the House of Representatives, to incorporate a literary
institution in the town of Maryville, Blount county, to be styled the
« Mary ville College."
When, on motion of mr. Reneau,
Said bill was laid on the table.
The Senate took up the consideration of
A bill to amend the act of 1831, chap. 52, requiring the decisions of
the Supreme court to be published.
Which being read, mr. Williams asked and obtained leave to with-
draw said bill for amendment.
The Senate took up the consideration of
A bill from the House of Reprasentatives, to charter the Sevier
county Turnpike company.
Which bill, on motion of mr. Ledbetter, was laid on the table.
Mr. Laughlin introduced
A bill to incorporate the Caroline medicinal springs, in the county of
Warren.
Which being read,
Mr. Johnson offered the following amendment:
Provided, That nothing herein contained shall be so construed as
conferring any vested right, but may be repealed by any subsequent
Legislature.
THE SENATE.
Which amendment being read, was adopted.
And said bill, as amended, was passed a first time.
The Senate took up the consideration of
A bill to amend the act of 1801, chap. 6.
Which was read a third and last time.
Mr. Gardner moved to amend said bill by striking out the second
section thereof.
Which being considered, and the sense of the Senate thereon had,
said motion to amend said bill by striking out the second section there-
of, was rejected.
The question then recurred upon the passagh of said bill.
Which being had, was determined in the affirmative : yeas 16, nays 6.
The ayes and noes being demanded,
Those who voted in the affirmative were :
Messrs. Bradbury, Foster, Trey, Gardner, Hardwicke, Jehnings,
Laughlin, Miller, Nelson, Peyton, Powell, Reneau, Ross, Sevier, Will-
iams and Speaker Turney, 16.
Those who voted in the negative were:
Messrs. Johnson, Ledbetter, Maclin, Martin, Waterhouse and War-
ner, 6.
So said bill passed its third and last reading, and was ordered to be
engrossed and transmitted to the House of Representatives.
The Senate took up the consideration of
A bill from the House of Representatives, to change the time o
holding the Chancery courts in Lrwlsburg, Marshall county.
Which bill was, on motion of mr, Martin, laid on the table.
The Senate took up the consideration of
A bill from the House of Representatives to change the time of hold-
ing the Circuit courts of DeKalb county^
Which was read a third and last time.
And the question, Shall the bill pass ?
Was had, and determined in the affirmative.
So said bill was passed a third and last time, and ordered to be trans-
mitted to the House of Representatives for enrollment.
On motion of mr. Foster,
The Senate adjourned until to-morrow morning 9 o'clock.
SATURDAY, Nov. 13, 1841.
Mr. Foster,' chairman of the committee on the Judiciary, to whom
had been referred the petition of citizens of Greene county, praying
that Peter Kent be allowed to keep a public house, and to sell and re-
tail spirituous liquors without a license, have had the same under con-
sideration, and had directed him to report, that said petition was un-
reasonable, and ought not to be granted.
The question, Shall the prayer of the petitioner be granted?
Was determined in the negative.
Mr. Foster, from the same, to whom had been referred
A bill to regulate the fees of clerks and masters, and to pre-
vent the chancellors from making any allowance other than the fees
JOURNAL OF
fixed by law, reported, that the committee have had the same under
consideration, and had instructed him to return said bill, and recom-
mend the rejection thereof.
Which bill was, on motion of mr. Foster, laid on the table.
Mr. Foster, from the same, to whom was referred
A bill directory to clerks, witnesses and suitors, and to amend the
law relative to witnesses attendance, reported, that the committee have
had the same under consideration, and had instructed him to return the
same with amendments, and to recommend its passage.
Which bill was read a second time and passed.
Mr. Hardwicke asked and obtained leave to withdraw for amend-
ment,
A bill from the House of Representatives giving further time for
making surveys and obtaining grants on entries heretofore made.
A message from the House of Representatives by mr. Mitchell, their
clerk:
Mr. Speaker : I am directed to transmit to the Senate an enrolled
resolution signed by the Speaker of the House of Representatives, di-
rectory to the Attorney General of the 13th judicial circuit, relating to
the Pelham and Jasper Turnpike company.
Also, a petition of sundry citizens of Henderson county, remonstrat-
ing against a petition of sundry other citizens of said county, relating
to infant manufactories, and other matters.
Also, a bill from the House of Representatives, to change the time
of holding the Circuit courts for the 7th Judicial circuit, and the Chan-
eery courts in Clarksville and Charlotte.
And then he withdrew.
"Whereupon, the Speaker signed said enrolled resolution, and directed
rt to be transmitted to the Houfee of Representatives.
Mr. Reneau submitted the following:
Resolved, That the Senate meet the House of Representatives in
the Representative Hall, on Saturday, the twentieth instant, to elect a
Senator to the Senate of the United States, to fill the vacancy occa-
sioned by the death of the Hon. Felix Grundy, deceased. And also
to elect one other Senator, to succeed the Hon. Hugh L. \Vhite, of
East Tennessee, in the Senate of the United States, for six years from
the fourth of March last.
Which being read,
On motion of mr. Reneau,
The rule requiring said resolution to lie over one day being suspend-
ed, mr. Reneau moved the adoption of said resolution, and demanded
the ayes and noes; which being had, was determined in the negative
—ayes 11, noes 12.
Those who voted in the affirmative were:
Messrs. Ashe, Bradbury, Foster, Frey, Jennings, Ledbetter, Nelson,
Peyton, Reneau, Sevier and Williams, 11.
Those who voted in the negative were:
Messrs. Gardner, Hardwicke, Johnson, Laughlin, Maclin, Martin,
Miller, Powell, Ross, Waterhouse, Warner and Speaker Turney, 12.
And so said resolution was rejected.
THE SENATE.
217
The Senate then took up the re-consideration of the amendment of-
fered by mr, Johnson to the bill incorporating the Union University
of Tennessee.
Which being considered, was determined in the affirmative.
The question then recurred upon the adoption of the amendment of-
fered by mr. Johnson.
Which was determined in the negative—ayes 11—nays 12.
Those who voted in the affirmative, were:
Messrs. Gardner, Johnson, Laughlin, Machn, Martin, Miller, Powell,
Ross, Waterhouse, Warner, and Williams—11.
Those who voted in the negative were:
Messrs. Ashe, Bradbury, Foster, Frey, Hardwicke, Jennings, Led-
better, Nelson, Peyton, Reneau, Sevier, and mr. Speaker Turney—12.
So said amendment was rejected.
Said bill was read a third and last time.
The question then recurred upon the passage of said bill,
Which being had, was determined in the affirmative—ayes 14—
nays 9.
The ayes and nays being demanded,
Those who voted in the affirmative were:
Messrs. Ashe, Bradbury, Foster, Frey, Hardwicke, Jennings,Laugh-
lin, Ledbetter, INfelson, Peyton, Reneau, Sevier, Williams, and mr.
Speaker Turney—14.
Those who voted in the negative were:
Messrs. Gardner, Johnson, Maclin, Martin, Miller, Powell, Ross,
Waterhouse, and Warner—9.
So said bill vvas passed on its third and last reading.
Ordered to be engrossed and transmitted to the House of Represen-
tatives.
The Senate then took up the consideration of
A bill from the House of Representatives to change the time of hold-
ing the Chancery Courts in Lewisburg, Marshall county.
Which was read a third and last time and passed.
Was ordered to be engrossed and transmitted to the House of Rep-
resentatives for enrollment.
The Senhte took up the consideration of
A bill to incorporate the Caroline Medicinal Springs, in Warren
county.
Mr. Laughlin moved to amend said bill by inserting the words,
"about six iiundred and forty acres," after the words "large tract of
land."
Which amendment being considered, was adopted.
Which bill, as amended, was read a second time and passed.
The Senate took up the consideration of
A bill from the House of Representatives to change the time of
holding the Circuit Courts for the 7th Judicial District, and the Chan-
eery Courts in Clarkesville and Charlotte.
Which was read a first time and passed.
The Senate took up the consideration of
218
JOURNAL OF
A bill to amend an act entitled an act to distribute the Academy
moneys, and for other purposes," passed 27th January, 1840.
Which was read a second time and passed.
The Senate took up the consideration of the message from the
House of Representatives, transmitting a memorial of citizens of Har-
deman county, remonstrating against a petition of sundry citizens of
said county, heretofore submitted, in relation to the manufacture of
children, reducing the fees upon marriage licenses, and other matters
and things.
Which being read,
Was, on motion of mr. Martin,referred to the committee on Military
Affairs.
The Senate took up the consideration of
A bill to establish a Branch of the Bank of Tennessee at Chatta-
nooga, in Hamilton county.
Which bill was, on motion of mr. Williams, referred to the commit-
tea on Banks.
On motion of mr. Powell,
The Senate adjourned until Monday morning, 9 o'clock.
MONDAY, Nov. 15, 1841.
A message from the House of Representatives,by mr. Mitchell, their
clerk,
Mr. Speaker: I am directed to transmit from the House of Repre-
sentatives, a memorial of the Hiwassee Rail Road Company, and the
report of the Commissioners appointed on the part of the State to ex-
amine said Rail Road—which was read in the House of Representa-
tives.
Also, an engrossed bill to make legal all the official acts of James
Ross, a Deputy Clerk of the County Court of Shelby county.
Also, an enrolled act to change the time of holding the Circuit Court
of DeKalb county.
And then he withdrew.
Whereupon, the Speaker of the Senate signed said enrolled act, and
ordered it to be deposited in the office of the Secretary of State.
The Senate took up the consideration of a message from the House
of Representatives, transmitting the memorial of the Hiwassee Rail
Road Company, and the Report of the Commissioners appointed on
part of the State to examine and inspect said road.
Which being read, was,
On motion of mr, Maclin,
Laid on the. table.
Mr. Johnson presented a petition from sundry citizens of Greene
county, praying that a law be passed taking the collection of taxes
out of the hands of Sheriffs, and authorising the Constables of each
civil district to collect the same.
Which being read,
On motion of mr. Johnson,
Said petition was referred to the committee on Ways and Means.
THE SENATE
319
Mr. Gardner presented a petition of 35 citizens of Weakley county,
praying tlie Legislature to pass a law, extending encouragement to the
culture of Silk.
Which being read, was,
On motion of mr. Gardner,
Referred to the committee on Agriculture and Manufactures.
Mr. Gardner introduced
A bill to encourage the culture of Silk in the Stale of Tennessee.
Which was read a first time and passed.
On motion of Mr. Gardner,
Was referred to the committee on Agriculture and Manufactures.
Mr. Waterhouse presented the petition of S7 citizens of Bledsoe
county, praying that a law be passed regulating the calls upon notes
discounted at the Bank of Tennessee and Branches to ten per cent.
Which being read, was,
On motion of mr. Waterhouse,
Referred to the committee on Banks.
Mr. Maclin presented the memorial of 76 citizens of Shelby county,
praying that an Independent Bank, with a capital of five hundred
thousand dollars, be established in the town of Fort Pickering, by the
name and style of " the President, Directors and Company ^of the
Bank of Fort Pickering."
Which being read, was,
On motion of mr. Maclin,
Ordered that the said memorial be referred to a select committee of
three, with leave to report by bill or otherwise.
The Speaker of the Senate appointed Messrs. Maclin, Foster and
Gardner of said committee.
Mr. Gardner introduced
A bill to regulate proceedings in actions of Replevin.
Which was read a first time and passed.
On motion of mr. Gardner,
Said bill was referred to the committee on the Judiciary.
A message from the House of Representatives, by mr. Mitchell, their
clerk.
Mr. Speaker; The House of Representatives have read and con-
sidered the amendment of the Senate, to the bill from the House of
Representaives, to authorise Thomas Lanier, of the county of Wayne,
to open and keep in repair a Turnpike Road—in which amendment
the House of Representatives concur.
And then he withdrew.
Mr. Foster, from the committee on the Judiciary, to whom had been
refe rred
A bill to provide for the issuance of Duplicate Treasury Warrants
in certain cases—
Reported, that the committee have had the same under considera-
tion, and had instructed him to return said bill and to recommend its
rejection—and that said committee had further instructed him to sub-
mit the following resolution and accompanying document, and recom-
mpnd their adoption:
220
JOURNAL OF
Whereas, it appear:? to this General Assembly, that in the distribu-
tion of the Common School Fund for the year 1841, the sum of
$1973 45 was allotted and distributed as the share coming to the coun-
ty of Hardeman, and whereas it also appeared to the General Assem-
bly, that to pay the said sum of $1973 45 to the county of Hardeman,
the Comptroller of the Treasury drew his warrant of the following
tenor and effect—that is to say:
$1973 45. No. 3145.
To the Treasurer of the State of Tennessee.
Pay to Geo. M. Arnold, Trustee, nineteen hundred and seventy-
three dollars and forty-five cents, the amount due and owing on ac-
count of distribution share of School Fund accruing to Hardeman
county in 1841.
Given under my hand at office this 9th day of August, 1841.
DANIEL GRAHAM,
Comptroller of the Treasury.
I certify that the above is a true copy of an original warrant issued
by me and transmitted by post mail, after issuing, to Geo. M. Arnold,
Trustee, at Lexington, Hardeman county, and that the same has not
been presented to the Treasurer for payment since.
DANIEL GRAHAM,
Comptroller.
And whereas it is represented to this General Assembly, that said
warrant was enclosed in a letter by the Comptroller of the Treasury
and directed to Geo. M. Arnold, Trustee of Hardeman county, and
which letter, with said warrant enclosed, was placed in the post office
at Nashville, with the above direction—and whereas it is also repre-
sented to this General Assembly, that said letter with said warrant has
been lost, misplaced or destroyed, and has not been received by the
said Trustee of Hardeman county, nor paid by the Treasurer of the
Slate, nor the Bank of Tennessee or its Branches—Therefore,
Resolved, by the General Assembly of the State of Tennessee, That
the Bank of Tennessee be, and it is hereby authorized and directed to
pay out of the School fund to the trustee of Henderson county, the
sum of nineteen hundred and seventy-three dollars fifty-five cents, af-
ter the said Bank of Tennessee shall be well informed and satisfied,
that said warrant has not been paid at any of the Branches of said
Bank, or the Treasurer of the State.
And be it further resolved by the General Assembly of the State
of Tennessee, That the Treasurer, the Bank of Tennessee and its
Branches, are hereby directed not to pay said warrant, should the same
at any time be presented for payment.
Which being read, and the sense of the Senate thereon had, said
resolutions were adopted in lieu of the original bill, which was rejected.
Ordered, That said resolution be engrossed and transmitted to the
House of Representatives.
Mr. Foster, from the committee on the Judiciary, to whom ha^been
Referred
THE SENATE.
221
A bill to amend the laws now in force in relation to the administra-
tion of the estates of deceased persons—
Reported, that the committee have had the same under considera-
tion, and had instructed him to strike out the whole of said bill, after
the enacting clause, and to otfer as an amendment in lieu thereof, the
following:
Sec. 1. That when any person or persons may have died, or shall
hereafter die intestate, and letters of administration shall not have been
issued for the space of six months from and after the death of such
decedent to any person upon said estate, it shall be the duty of the
court having jurisdiction of the subject, upon the application of any
creditor of said estate to grant to the clerk of said court letters of ad-
ministration upon said estate without bond and security, and it shall
be the duty of such clerk ex officio, to enter upon and discharge the
duties of such administrators to said estate, in the performance of
which he shall be subject to the laws in force and effect, governing or-
dinary administrations.
■Sec. 2. Be it enacted, That administrators appointed under this act
shall be allowed first to be paid out of the assets of the estate, all le-
gal and necessary expences incurred, and the snip of five per cent,
upon the whole value of the estate coming to their hands as such ad-
ministrators, for compensation.
Sec. 3. Be it enacted, That it shall be the duty of the several courts
having by law the power of granting letters of administration, and
who shall have granted letters under the first section of this act, to re-
peal the same upon the widow or next of kin of the decedent, or any
other person applying for administration on said estate, and tendering
bond with approved security, and to grant letters of administration to
such widow, next of kin or other person, and it shall be the duty of
such precedent administrator to pay over to such succeeding adminis-
trator, all the unadministered assets of said estate, and such succeedent
administrator shall be held subject to the law controlling ordinary ad-
ministrators.
Sec. 4. Be it enacted, That where any person shall have, or may
hereafter die testate, having nominated an executor, and six months
from the death of said testator shall have elapsed without the qualm-
cation of such executor, or the appointment by the proper authority of
any person to execute said will, or where any executor having quali-
fied shall have died, or may hereafter die, and no person shall have
been appointed further to execute the will for the space of six months
after the death of said executor, or where any administrator shall have
or may die, or be removed, and no other person shall have been ap-
pointed further to administer on said estate, for the space of six months
from such death or removal, it shall be the duty of the court having
jurisdiction, upon application of any creditor of such testator, or intes-
tate to appoint the clerk of said court without bond and security, ad-
ministrator w,ith the will annexed testate, or administrator de bonis
non of such intestate, and the letters of such administrator with the
will annexed, or administrator de bonis non, so appointed by the court,
shall be repealed, and the power granted by the court upon applica-
122
JOURNAL OF
tion to the person or persons in the manner and form as provided for
in the third section of this act.
\Vhich being considered, the whole of said bill, after the enacting
clause, was stricken out, and said amendment, as reported, adopted in
lieu thereof.
And said bill, as amended, was read a second time and passed.
Mr. Nelson moved that the Senate take up the resolution submitted
by mr. Speaker Turney on the 28th ultimo^ proposing that the Seriate
meet the House of Representatives in their Hall, on the day
of , to elect two Senators in the Congress of the United States.
The question, Shall the Senate take up for consideration saidreso-
lution ?
Being had, was determined in the negative—ayes 10, noes 12.
The ayes and noes being demanded by mr. Nelson,
Those who voted in the affirmative were :
Messrs, Ashe, Bradbury, Foster, Frey, Jennings, Ledbetter, Nelson,
Reneau, Sevier and Williams, 10.
Those who voted in the negative were :
Messrs. Gardner, Hardwicke, Johnson, Laughlin, Maclin, Martin,
Miller, Powell, Ross, Waterhouse, Warner and Speaker Turney, 12.
So said motion to take up said resolution was rejected.
Mr. Nelson submitted the following:
Resolved by the General Assembly, That the Senate meet the House
of Representatives in their Hall, on Monday, the 22d instant, for the
purpose of electing two Senators to the Congress of the United States,
—one to fill the vacancy of the Hon. Felix Grundy, and the other to
succeed the Hon. Hugh L. White.
Which being read,
On motion of mr. Nelson,
Laid on the table.
The Senate took up the consideration of
A hill from the House of Representatives to change the time of
holding the circuit courts for the 7th judicial district and the chancery
court at Clarksville and Charlotte.
Which bill was read a second time and passed.
Mr. Frey asked and obtained leave to withdraw said bill for amend-
ment.
The Senate took up the consideration of
A bill from the House of Representatives t© make legal all the offi-
cial acts of James Rose as deputy clerk of the county court of Shelby
county.
Which was read a first time and passed, and,
On motion of mr. Foster,
Said bill was referred to the committee on the Judiciary.
The Senate took up the consideration of
A bill to incorporate the Caroline Medicinal Springs in the county
of Warren.
Which was read a third and last time and passed, and ordered to
be engrossed and transmitted to the House of Representatives.
The Senate took up the consideration of
THE SENATE.
223
A "bill to amend an act to distribute the Academy monies, and for
other purposes, passed Jan. 27, 1840.
Which, on motion of mr. Foster, was amended by inserting the
words "any of the," after the words "county courts of."
Which, on motion of mr. Foster, was further amended, by inserting the
word "trustees," after the words "to appoint."
Which bill as amended was read a third time and passed—ayes, 21
—Nays—None.
The yeas and nays being demanded by mr. Johnson,
Those who voted in the affirmative were:
Messrs. Ashe, Bradbury, Foster, Frey, Gardner, Hardwicke, Jen-
nings, Johnson, Laughlin, Ledbetter, Maclin, Martin, MiJler, Nelson,
Powell, Reneau, Sevier, Waterhouse, Warner, Williams, and mr.
Speaker Turney—21.
Nays—None.
So said bill passed on its third and last reading, and was ordered to
be engrossed and transmitted to the House of Representatives.
The Senate took up the consideration of
A bill directory to clerks, witnesses, and Senators, and to amend the
law relative to witnesses.
Which was read a third time, and on motion of mr. Ledbetter, said
bill was laid on the table.
The Senate, on motion of mr. Gardner, took up the consideration
of
A bill to amend the act of 1817, chapter 65, sec. 4, fixing the com-
pensation of Attorney Generals in this State.
Which being read a time, as amended by mr. Williams,
Mr. Reneau offered the following amendment to mr. Williams'
amendment.
7l& $1? $6
Which amendment being read and considered, was determined in
the negative—ayes, 4—nays, 17.
The ayes and nays being demanded by mr. Reneau,
Those who voted in the affirmative were :
Messrs. Ashe, Foster, Frey, and Reneau—4.
Those who voted in the negative were:
Messrs. Bradbury, Gardner, Hardwicke, Jennings, Johnson, Laugh-
lin, Maclin, Martin, Miller, Nelson, Powell, Sevier, Waterhouse, War-
ner, Williams, and Speaker Turney—17.
So said amendment offered to the amendment of mr. Williams was
rejected.
Mr. Martin asked and obtained leave to withdraw said bill for
amendment.
On motion of mr. Maclin,
The Senate adjourned, until 2 o'clock p. m.
EVENING SESSION.
Mr. Frey introduced
A bill to incorporate the Montgomery Wharf Company.
Which was read a first time and passed.
224
JOURNAL OF
Mr. Gardner introduced
A bill to regulate the time of holding the circuit courts of the coun-
ties of Henry,Weakly and Obion.
Which was read a first time and passed.
Mr. Bradbury introduced
A bill to provide for the Internal Improvement Fund belonging to
Henderson county.
Which was read a first time and passed.
Mr. Sevier introduced
A bill to authorise the trustees of Huntingdon Academy to dispose
of lot no. 95, in said town.
Which was read a first time and passed.
• Mr. Gardner submitted the following :
Resolved by the Senate of the General Assembly of the State of Ten-
nessee, That the committee on the judiciary be and they are hereby in-
strpctedto enquire into the expediency of altering the judicial system of
this State as to require but two instead of three annual terms of the cir-
cuit court to be held in each of the counties of this State as provided by the
act of 1835, chapter 5, sec. 1—and of abolishing the appearance term of
said courts so as to make causes triable at the first term, in all cases
when process shall have been served days before the setting of the
court to which the same may be returnable And that said committee
have leave to report by bill or otherwise.
Which being read was laid on the table.
Mr. Ledbetter asked to be discharged from the Select committee
created, to settle with R. P. Currin, late Superintendent of Public In-
struetion, which request being granted.
Mr. Gardner was appointed of said Select committee in the room
andstead of Mr. Ledbetter.
On motion of Mr. Foster,
The Senate to enable the committee appointed on part of the Senate
to settle with R. P. Currin, late Superintendent of Public Instruction,
Adjourned until to-morrow morning 9 o'clock.
TUESDAY MORNING, Nov. 16,1841.
A message from the House of Representatives by mr. Mitchell, their
clerk:
Mr. Speaker : The House of Representatives have read a third
time and passed
A bill for the relief of the legal representatives of Daniel Fox, dec'd.
Also,
A bill to amend the laws of Tennessee upon the subject of deposi-
tions. Also,
The remonstrance of sundry ladies of Gibson county, against the
repeal of the tippling law. Also,
A remonstrance of sundry citizens of Gibson county, against the re-
peal of the tippling law.
And then he withdrew.
Mr. Miller presented the petition of John Blankenship, of Polk
THE SENATE.
225
County, relating to a mistake in enteiing a quarter section of land, and
praying relief.
Which being, read, was,
On motion of Mr. Nelson,,
Laid on the table.
Mr. Miller presented the petition of the town commissioners of the
town of Benton, in Polk county, praying a donation of the south east
quarter of section 28, second fractional township, north ra>nge, second,
east of the basis line in the Ocoee District, to aid in the erection of a
Courthouse in the town of Benton, Polk county.
Which being read, was,
On motion of Mr. Miller,
Laid on the table.
Mr. Foster, from the Committee on the Lunatic Asylum, to which had
been referred
A bill making appropriations for the payment of certain claims against
the Lunatic Asylum, reported that the committee have had the same un-
der consideration, and thought it reasonable and just, and had instructed
him to recommend the passage of said bill with an amendment.
Mr. Foster moved to amend said bill by inserting after the words
" March, 1840," the words " up to the passage of this act.'*
Which amendment being considered by the Senate was adopted.
Said bill, as amended, was read a third and last time, and
On motion of Mr. Ledbetter,
Was laid on the table.
His Excellency, James C. Jones, Governor of the State of Tennes-
see, by John S. Young, Secretary of State, transmitted the following
message to the Senate :
Executive Department, ^
Nashville, November 16, 1841. ^
Gentlemen of the Senate and
House of Representatives ?
I have received from the Executive of Virginia several documents in
relation to her difficulty with the State of New York, with a request
that I should lay the same before the Legislaturef of Tennessee. The
documents are herewith transmitted.
JAMES C. JONES,
Which being read was laid on the table.
Mr. Martin, who had withdrawn for amendment
A hill to amend the act of 1817, chapter 65, sec. 4, fixing the' com-
pensation of Attorney Generals in this Statev
Returned the same with the following amendment:
Providedt That in no case ot gaming, made felony by the laws ofthis
State, the fee or fees of the Attorney General shall be reduced by this
act; and provided further, upon conviction of any person or persons,
convicted for betting on elections, the fee or fees of Attorney Generals
shall be-ten dollars.
Which being read, Mr, Warner moved to strike out the latter clause
15
2 20
JOURNAL OF
of the amendment offered by Mr. Martin, when said bill with the amend-
liients thereto, was,
On motion of Mr. Ledbetter,
Laid on the table.
Mr. Nelson, who had withdrawn for amendment,
A bill to change the time of holding the Circuit Courts in the second
Judicial Circuit, and the Chancery Courts atKnoxville,
Returned said bill with the following amendment, in lieu of the whole
bill after the caption :
Section 1. . Be it enacted by the General Assembly ofjhe State of
Tennessee, That the Circuit Courts in the second Judicial Circuit from
and after the 1st day of March, 1842, shall beheld as follows, that is to
say: For the cpunty of Clount, on the fourth Monday of'January, May,
and September. Fob the county of Monroe, on the first Monday of Feb-
ruary, June, and October. For the county of Roane, on the second
Monday of February, Jute, and October. For the> county of Morgan,
on the fourth Monday of February, June, and October. For the county
of Anderson, on the first Monday of March, July,and November.. For
the county of Knox, on the third Monday ot March, July, and Novem-
ber.
Sec. 2. Be it enacted•, That the Chancery Court at Knoxville shall
hereafter be held on the fourth Monday of April and October, in each
and every year.
Which amendment being read, and the sepse of the Senate thereon
had, was adopted, in lieu of the whole bill after the caption.
Said bill, as amended, was read.a. third and last time and passed—ayes
23—nays QQ.
The ayes and nays being demanded by Mr. Nelson,
Those who voted in the affirmative were :
Messrs. Ashe, Bsadbury, Foster, Frey,Gardner, Hardwicke, Jennings,
Johnson, Laughlin, Ledbetter,. Maclin, Martin"1, Matthews, Miller, Mot-
ley, Nelson, Powell, Ross, Sevier, Waterhouse, Warner, \%rilliams, and
Mr. Speaker Turney.
Negative voters none.
And so said bill passed on a third and last reading.
Was ordered to ]ie engrossed and transmitted to- tlu House of Repre-
„sentatives.
Mr. Gardner introduced
A bill to encourage agriculture in the State of Tennessee.,
Which bill tvas read a first- time and-passed, and',
On motion of Mr; Gardner,
Was referred? to-the Committee on Agriculture and Manufactures.
A message fiom the House of Representatives, by Mr. Mitchell, their
clerk :
Mr. Speaker: I am directed to transmit to the Senate a preamble
and resolution adopted by the House of Representatives, proposing that
the Senate meet the House of Representatives in the Repiosentatiw
Hall, on Saturday, the 20th inst., for the purpose of electing two Sena-
WsOo th.e Congress of the United Stales, one for four years from tie
THE SENATE.
227
fourth of March last, to fill the unexpired term of the late Hon. Felix
Grundy, dec., and the other for six years from the fourth of March last.
And then he withdrew.
Mr. Maolin moved that the Senate take up the message from the House
of Representatives, proposing that the Senate meet the House at the Re-
piesentative Hall, on Saturday, the 20th instant, for the purpose of elect-
ing two Senators to the Congress of the United States from tlie State of
Tennessee.
And the question, " Shall said message be taken up for consideration?"
being had, was determined in the affirmative.
Winch preamble and resolution, transmitted from the House of Re
presentatives, are as follows, to wit:
Whereas, the constitution of the U.nited Statesu declares that " the
Senate of the United States shall be composed of two Senators from
each State, chosen by the Legislatures thereof for six years and again
says, that u if vacancies happen by resignation or otherwise, during the
recess of the Legislature of an}7 State, the Executive thereof may make
temporary appointments until the next meeting of the Legislature, which
shall then fill such vacancies."
Whereas, in obedience to the oaths takeu by the members of this Gen-
eral Assembly to support the constitution of the United States, it is their
duty to elect Senators when there are any vacancies, and failing to do so
would be disorganizing and revolutionary, and tend to the destruction of
the government of the United States, for if such a course be right in
Tennessee, the same right would exist .in other States, and if exercised
would necessarily tend to produce a dissolution of the Federal compact.
Whereas, at the next session of Congress the rates of representation
will have to be fixed, to continue lor the next ten years, and Tennessee
in thai case should not be without her voice in the Senate. A speedy
action upon which by Congress, may save the expense of an extra ses-
' sion of the Geneyal Assembly.
Whereas, before the next regular Assembly of this State, the Tariff
will have to b© adjusted according to the compromise act, in which Ten-
nessee will have a deep interest, and should not be without full represen-
tation in Congress.
Whereas, difficulties are impending with foreign nations that may en-
danger the peace of the United States, and affect her interest and honor,
upon which it is proper Tennessee should be heard.
Whereas, large sums of money must be raised to meet the expenses
of the National Government, a portion of which must be paid by Ten-
nessee, upon this subject also she should be heard.
Whereas, the time for the meeting of Congress is now at hand, and
no one knows when questions of vital importance may arise to be decid-
ed by Congress, and the Tennessee Senators should be in their places at
the meeting of Congress, to speak and act for Tennessee, to protect and
guard her interests, her rights, and her honor.
Whereas, delay by this General Assembly to perform a constitutional
duty, under party excitement, may lead to bargain, intrigue, and manage-
ment, to the gre?.t detriment of .the public interest, and the rights and in-,
e rests of the people whose servants Compose this General Assembly,
228
JOURNAL OF
Whereas, the subject of the election of Senators has already produ-
ced party strife and high excitement, to the prejudice and delay of Iegis-
lation, and has unnecessarily increased, and is daily increasing the expen-
ses of this General Assembly, periling the interests of the people, and
yet charging them with the costs, to all of which it is essentially desira-
ble to put an end, that the business of the Legislature may be cheaply
and speedily done—Therefore
Resolved by the General Assembly of the State of Tennessee, That
the Senate and House of Representatives will meet in convention in the
Hall of the House of Representatives on Saturday, the 20th instant, for
the purpose of electing two Senators to the Congress of the United
States, one for four years from the fourth of March last, to fill the unex-
piredterm ot the Hon. Felix Grundy, dec., and the other lor six yeais
from the fourth of March last
Which being read, Mr. Johnson moved to amend the preamble pre-
fixed to said resolution, by striking out after the words " bargain, in-
trigue, and management, to the great detriment of," " and interests of the
people, whose servants compose this General Assembly," and insert in
lieu thereof the following : " E. II. Foster and Spencer Jarnagin, ami
thereby promote and advance the public interest by keeping them out of
power for the next four and six years which amendment .being read,
the question "Shall said amendment be adopted?" being had, was deter-
mined in the affirmative—ayes 13—nays 11.
The ayes and nays being demanded by Mr. Williams,
Those who voted in the affirmative were,
Messrs. Gardner, Hardwicke, Johnson, Laughlin, Maclin, Martin,
Matthews, Miller, Powell, Ross, Waterhouse, Warner, and Mr. Spea-
ker Turney—13.
Those who voted in the negative were,
Messrs. Ashe, Bradbury, Foster, Frey, Jennings, Ledbetter, Motley,
Nelson, Reneau, Sevier, and Williams—11.
So said amendment was adopted.
Mr. Williams offered the following amendment to the preamble pre-
fixed to said resolution of the House of Representatives, after the words
•"it is their duty,"—"by a joint vote of the two houses in convention as-
-sembled."
Which amendment being read,
And pending its consideration,
On motion of Mr. Ross,
The Senate adjourned until 2 o'clock, P. M.
EVENING SESSION.
A call of the Senate Was demanded and had, when twenty-four Sena,
tors answered.
The Senate took up the consideration of the amendment offered by
Mr. Williams, to the preamble and resolution of the House of Repre-
^sentatives, proposing that the Senate meet the House of Representatives
at their Hall on Saturday, the 20th instant, to elect two Senators to the
Congress of the United States.
THE SENATE.
229
And pending the discussion thereof and other matters relating to said
preamble and resolution,
Mr. Foster having the floor, addressing the Speaker -of the Senate.
On motion of Mr. Ledbetter,
The Senate adjourned until to-morrow morning, 9 o'clock.
WEDNESDAY, November 17, 1841.
Mr. Hardwicke in the chair.
Mr. Turney introduced
A bill granting to Elijah Frost a Turnpike road, and to Andrew R.
Parker, John Gellentine, and Nicholas Gellentine, a Turnpike road.
Which bill was read a first time and passed.
Mr. Miller introduced
A bid to provide for an Entry Taker's office in the county of Plok,
and for other purposes.
Which was read a first time and passed.
The Senate, on motion of Mr. Jennings, took up the consideration of
A bill making appropriations for the payment of certain claims against
the Lunatic Asylum.
Mr. Jennings moved that the caption of said bill be amended so as to
read as follows : ,
"A bill making appropriations for the payment of certain claims on
account of work and labor done, and materials furnished towards the
completion of the Lunatic Asylum."
Which being read, and considered by the Senate, was adopted.
Mr. Warner moved the following amendment to said bill.
"Provided, That any debts which may hereafter be created by the
trustees of sa^d institution, or by any officer thereof, over the suras ap-
propriated by law, shall be on their own personal responsibility, and
shall not be ?llow7ed them in settlement, or covered by any subsequent
appropriation."
Which being read, and the seiise of the Senate thereon had,
Said amendment was adopted.
And said bill, as amended, was read a third and last time.
And the question, "Shall said bill pass?" being had, was determined
in the affirmative—ayes 22—nays 2.
The ayes and nays being demanded,
Those who Voted in the affix mative were,
Messrs. Ashe, Bradbury, Foster, Frey, Gardner, Hardwicke, Jen-
nings, Ledbetter, Maclin, Martin, Matthews, Miller, Motley, Nelson,
Peyton, Powell," Reneau, Ros^, Sevier, Warner, Williams, and Mr.
Speaker Tuiney—22.
Those who voted in the negative were,
Messrs. Laughlin and Waterhouse—2.
So said bill was passed .on its third and last reading.
Was ordered to be engrossed and transmitted to the House of Re-
presentatives.
A message from the House of Representatives, by Mr. Mitchell,
their rWlr:
230
JOURNAL OF
Mr. Speaker :
The House of Representatives have taken up and read a petition from
sundry citizens of the county of Meigs, praying that Carter Young,
Enoch Gallant, and John Dungan, be allowed a reasonable compensa-
tion for improvements made by them on a section of School Land in
the Ocoee District, which I am directed to transmit t6 the Senate.
Also the petition-of sundry citizens of Maury county, praying that
John R. McKee be authorised by law to erect a mill on Duck river,
which f am directed to return to the Senate, in accordance with a re-
quest contained in a message of ffie Senate to the House of Represen-
tatives.
Also an engrossed bill of the House of Representatives to inoorpo-
rate the inhabitants of the tonn of Lynchburg, in the county -of Lincoln,
to which the House of Representatives ask the concurrence of the
Senate.
The House of Representatives have taken up and considered a bill
from the Senate to amend the act of 1794, chapter 1, and the act of
1337, chapter 131, which bill was read a third and last time and passed
without amendment.
The House of Representatives have taken up and considered a bill from
the Senate, to amend an act entitled an act to provide for the probate
and registration of deeds and other instruments, passed December, 1831,
chapter 93, to which bill tlie House of Representatives have made sun-
dry amend nents, and ask the concurrence of the Senate therein.
The House of Representatives have taken up and considered a b'll
from the Senate, to regulate the number of attorneys in State prosecu-
tion", which they have read a third and last time and rejected.
The Speaker of the House of Representatives has signed an enrolled
act to change the time of holding the Chancery Courts in Lewisburg,
in Marshall county.
And then lie withdrew.
Whereupon the Speaker the Senate signed said enrolled act to
change the-tim° of holding the Chancery Court at Lewisburg, Marshall
•county, and ordered the same to be deposited in the office of the Se-
cretary of State.
The amendment offered by Mr. Williams to the preamble affixed
to the resolution proposing that the Senate meet the House of Repre-
sentativesr at the Representative Hall, on Saturday, the 20tk instant, for
the purpose of electing two Senators to the Congress of the United
States, being further considered,
Mr. Ross addressing the Speaker, when it was suggested that the
hour of adjournment had arrived.
On motion of Mr. Ashe,
The Senate adjourned until 2 o'clock, P. M.
evening session.
Mr. Frey, from the Committee on Enrolments, reported as correctly
enrolled a bill from the Senate, to amend the act of 1794, chapter 1, and
the act o 11337, chapter 131.
TEE. SENATE.
231
Whereupon the Speaker of the Senate signed said enrolled act, and
ordered that the same be transmitted to the House of Representatives.
The Senate took up the consideration of the several amendments
offered by the House of Representatives to the Senate's bill, to amend
an act entitled "an act to provide for the probate and registration of
deeds and other instruments,'* passed December, 1831, chapter 90,
and said several amendments of the House of Representatives to said
bill being read and considered, were concurred in.
Ordered, That the clerk acquaint the House therewith.
Whereupon it is ordered that said acts be enrolled and signed by the
Speaker of the Senate, and transmitted to the House of Representatives.
The Senate, on motion of Mr. Martin, took up and considered a pe-
tition from sundry citizens of Maury county, praying that John R. Mc-
Kee be authorised to erect a mill upon Duck river.
And on motion of Mr.. Martin,
Said petition was referred to-the Committee on the Jqdiciary.
Mr. Hardwicke introduced.
A bill to divide the State into Senatorial and Representative Districts,
Which was read- a first time,, when
Mr. Ledbetter moved to lay said bill on the table,'
The ayes and nays being demanded by Mr. Ledbetter, was deter-
mined,in the negative—ayes 12—nays 13.
Those who voted in the affirmative were,
Messrs. Ashe, Bradbury, Foster, Frey, Jennings, Ledbetter, Motley,
Nelson, Peyton, Reneau, Sevier, and Williams—12.
Those who voted in the negative were, ,
Messrs. Gardner, Hardwicke, Johnson, Laughlin, Maclin, Martin,
Matthews, Miller,.Powell, Ross, Waterhouse, Warner, and Mr. Speaker
Turney—13.'
So said motion to-lay said bill on the table was rejected.
The question then recurred upon the passage of said bill upon its first
reading, which being had, was determined ill the negative—ayes 12—
nays 13.
The ayes and nays being demanded by Mr. Ledbetter,
Those who voted in the affirmative were,
Messr^. Ashe, Bradbury, Foster, Frey, Jennings, Ledbetter, Motley,.
Nelson, Peyton, Reneau, Sevier, Waterhouse, and Williams—13.
Those who voted in the negative were,
Messrs. Gardner, Hardwicke, JLhnson, Laitghlin,. Maclin, Martin,
Matthews, Vliller, Powell, Ross, Warner, and Mr. Speaker Turney—12.
So said bill was rejected.
Mr. Waterhouse moved the reconsideration of the vote rejecting "a
bill to divide the State into Senatorial and Representative Districts."
The question, "Shall the vote rejecting said bill be reconsdiered?"*
being had, was determined in the affirmative—ayes 13—nays 12.
'Uie ayes and navs being demanded by Mr. Ashe,
Those who voted in the affirmative were,
Messrs. Gardner, Hardwicke, Johnson, LavghJin, Mr-clin, Ma tin,
Matthews, Miller, Powell, Ross, Wateikouse, Warner, and Mr.
Speaker Turney—13.
232
JOURNAL OF
Those who voted in the negative were,
Messrs. Ashe, Bradbury, Foster, Frey, Jennings, Ledbetter, Motley,
Nelson, Peyton, Reneau, Sevier, and Williams—12.
So said motion to> reconsider said bill prevailed.
And on motion of Mr. Waterhouse,
Said bill was laid on the table.
On motion of Mr. Martin,
The Senate took up the further consideration of the amendment o(
Mr. Williams, to the preamble prefixed to the resolution, proposing
that the Senate meet the House of Representatives in their Hall] on the
20di instant, to elect two Senators to the Congress of the United States.
Mr. Ross being entitled to the floor,, and before he had concluded his
remarks,
The Senate, on motion of Mr. Martin,
Adjourned until to-morrow morning, 9 o'clock.
THURSDAY, November 18, 1841.
Senator Reneau, from his place, presented to the Senate the follow-
ing as his protest against an amendment offered and adopted by the Se-
uaie, to a preamble and resolution adopted by the House of Represen-
tatives, and transmitted to the Senate fojr its concurrency, to wit:
PROTEST
Against thq amendment offered by the Honorable Senator from Greene,
and adopted by the Senate, to the preamble with a resolution adopted
by the House of Representatives and sent to the Senate for its con-
currence, the undersigned begs leave to make his protest,.and to have
the same," with his reasons, spread upon the journals.
That portion of the preamble amended read thus ; "whereas, delay
"by this General Assembly to perform a constitutional duty, under party
excitement, may lead to bargain, intrigue, and management, to the great
detriment of the public interest, and the rights and interests of the
people, whose servants compose this General Assembly."
The amendment spoken of, was made by striking out all. the sen-
tence after the preposition "of" next after the word "detriment," and
inserting in lieu thereof, these words, "E. H. Foster and Spencer J<g-
nagin, and thereby promote and advance the public interest, by keep-
ing them out of power for the next four and six years," making the
sentence, as* amended, to read thus: "whereas, deldy by the General
Assembly to perform a constitutional duty may lead to bargain, in-
trigue, and'management, to the-great detriment of E. II. Foster and
Spencer Jarnagin, and thereby promote and advance the public interest,
by keeping them out of power for the next four and six years."
1 object to this amendment
First, Because that sentence as it now reads represents, that, the
delay, bargain, intrigue, and management spoken of, will be to the de-
trime-nt of Foster and Jarnagin, "and thereby," that is, as I understand
it; by the agency of the delay, bargain, intrigue,, and management to
THE SENATE,
their detriment, the public interest is to be< promoted and advanced.
And by the remainder of the sentence, that same advancement and pro-
motion is represented, as it seerhs to me, to be effected by the agency of
the "keeping ihem out of power for four and, six years," so that I can-
not understand what is really the proposition intended to be affirmed by
the sentence in the amended form.
Secondly, "Four and six years" are ten "years," and I do not be-
lieve we can make any act of ours necessarily have-the effect of "keep-
ing them out of power for" that period.
Thirdly, This amendment having been made to a . preamble which
had received the approving action of the Representatives of the peo-
pie, and sent to us, asking our concurrence, reflects, as it seems to
me, a strong and marked disrespect for the proceedings of that
body. , ,
Fourthly, E. H. Foster and Spencer Jarnagin having been fixed
upon by the, Whigs as their candidates for the Senate of the United
States, the language of the amendment in relation to* them, is strongly
indicative of feelings of contempt for the whole Whig party in the Le-
gislature, who have made that choice..
Fifthly, I believe it to be wrong for cither branch of the Legislature
in language of disrespect to place the names of private citizens upon the ,
records of any legislative proceedings.
1 ' "E. If. Foster and Spencer Jarnagin" are citizens of Tennessee,
private citizens in the humble walks of life. They hold" no public ,ofn-
ces. They have never been charged with being guilty of treason, felo-
nf, or a want of allegiance, and fidelity,to the* constitution of their
country; and yet, this amendment represents the public interest as re-
quiring that they should be "kept out of power for thb next four and
■ six years." Notwithstanding these men are so unfavorably 're-
presented by the amendment, no definite offence is charged against
them, nothing tangible is presented against them which they can; defend.
They have no seats amongst us, they can make no reply to any un-
kind insinuation which may be made to their prejudice—they can re-
sent.no insuli, nor defend themselves, against, any charge that may be
made again's' them. These men are orderly men, men off good moral
character. They are not before us asking for a pardon' of offences,,
that we should reply and say to- them, the public interest requires that
you should be, S'kept ouf of power for four and six years." 1 , •
• The premises considered,. F respectfully hsk leave to file' this my
protest, and to have it entered upon the journals of the Senate..
' ' LEWIS RENEAU.
November l'S, 1841. ; , ;
Which being read,'was ordered to be enrolled-, upon, the, journals of
: the Senate,. . . ' ' ',
Wir'ch is accordingly done. •• . .
Mr Warner presented a petition of 65. ladies, Citizens, of Marshall
cpu" tv rid 7 6''^n tie men, citizens and voters of'Marshall county,-'pray-
ing'tmiVthe tippling act ofTSSF-^ iqay not be repealed.,
ifi * '
JOURNAL OF
Which was read and ordered to be transmitted to the House of Re-
presentalives.
Mr, Jennings presented a communication from John M. Bass, and
others, for the purpose of erecting a dam across the Cumberland river,
with a lock, &c. to prevent the passage of steam boats, &c. and other
things, to create a water power for the purpose, and for the things in
manner and form as in said communication mentioned.
Which being read, was
On motion of Mr. Jennings,
Laid on the table.
A message from the House of Representatives, by Mr. Mitchell,
their cleik:
Ma, Speaker: The House of Representatives have adopted a reso-
lution proposing a joint select coramitte, to take into consideration the
memorial of sundry citizens of Nashville, praying the incorporation of a
joint stock company to establish a dam and lock on Cumberland river,
near Nashville, and have appointed on the part of the House of Repre-
sentatives, of said qcn mitri e, Messrs. Jvtrig. Miirirrd, Barry,
Brooks, and Goodall, in which the House of Representatives ask the
concurience of the Senate.
And then he withdrew.
Mr. Ashe presented a petition from sundry citizens of Haywood
county, praying that a portion of said county ha by law attached to the
county of Tipton, as set forth in said petition.
Which being read, was,
On motion of Mr. Ashe,
Ordered, To be transmitted to the House ofRepresentatives.
Mr. Matthews presented the following ;
1st. Resolved by the General Assembly rf the Slate of Tennessee, That
we believe in the liberty of the [ ress, the freedom ot speech, and the
right of instruction.
2d. That we will vote for 1 o man to rfiice of high and important
honor and trust, who fails or refuses to give his opinions frankly and
freely, upon points and questions of national policy when called cn so to
do.
Which being read, was la'd on the table.
The Senate then took up
On motion of Mr. Johnson,
The consideration of the amendment offered by Mr. Williams, In the
preamble prefixed to the resolution cd the Hou'c of Representative?,
proposing that the Senate meet the Ho use ft Repress taihe* in the
Representative Hall, on Saiuid;ty,1he 2<>h infant, to eRet two Senators
to the Congress oftfe United Stales.
Which being further considered,
Mr. Nelson having the Boor, the lour of a< jrmraeu Lsvh r- a-riv d,
On motion of Mr. Ledbetter, ^
The Senate adjourned until 2 oYIock, P. M-
THE SENATE.
evening session.
A message from the House of Representatives, by Mr. Mitchell, their
clerk :
Mr. Speaker: The House has read a third and last time, and pass-
ed an engrossed biil to appoint Commissioners on Burk's Turnpike
road, leading from Sparta to the Crab Orchard.
Also, an engrossed bill to reduce the tax fees of Attorneys General
in certain cases.
Which vms read a third and last time ancj passed.
To which bills severally, the House of Representatives ask the con-
currence of the Senate.
Also, an enrolled act of the Senate, an act to amend the act of 1794,
chapter 1, and the act of 1837, chapter 131.
Also, an enrolled act of the House of Representatives, to 'authorise
Thomas Lanier, of the county of Wayne, to open a Turnpike road.
And then he withdrew.
Which enrolled acts were signed by the Speaker of the House of Fe-
presentatives, were signed by the Speaker of the Senate, and ordered
to be deposited in the office of Secretary of State.
The Senate again took up the further consideration of the amend-
ment offered by Mr. Williams, to the preamble prefixed to the resolu-
tion of the House of Representatives, proposing that the Senate meet
the House of Representatives at the Representative Hall, in conven-
tion, to elect two Senators to the Congress of the United States, from
the State of Tennessee.
And pending the discussion of said amendment,
Mr. Gardner having the floor, addressing the Speaker,
On jmotion of Mr. Laughlin,
The Senate adjourned until to-morrow morning, 9 o'clock.
FRIDAY, Novemeer 19, 1841.
A message from the House of Representatives, by Mr. Mitchell, their
clerk:
Mr. Speaker :
The House of Representatives have adopted a resolution to raise a
joint select committee to take into consideration the report and memo-
rial of the President and Trustees of the Memphis Hospital, and that
said committee report by bill or otherwise, and have appointed of said
committee on the part of the House of Representatives, Messrs. AleX-
ander, Buchanan of Giles, Burton, Dew, and Haskell, in which the
House of Representatives ask the concurrence of the Senate.
And then he withdrew.
The Senate took up the unfinished business of yesterday, being the
amendment offetedby Mr. Williams to the preamble prefixed to a re-
solution adopted by the House of Representatives, proposing that the
Senate meet the House of Representatives in their Hall, on Saturday,
~the 20th instant, for the purpose of electing two Senators to the Con-
gress of the United States, from the State of Tennessee.
Which being further considered.
JOURNAL OF
And pending the discussion thereof,
Mr. Gardner having the floor, addressing the Speaker,
On motion of Mr. Ross,
The Senate adjourned until 2 o'clock, P. M.
evening session.
The Senate took up the unfinished business of the morning, being the
amendment offered by Mr. Williams to the preamble prefixed to the re-
solution adopted by the House of Representatives, proposing that the
Senate meet the House of Representatives in the Representative Hall,
on Saturday, the 20th instant, for the purpose of electing two Senators,
to the Congress of the United'States, from the State ofTennessee.
Which being further considered,
And pending the discussion thereof,
Mr. Reneau having the floor, addressing the Speaker,
On motion of Mr.. Foster.
The Senate adjourned until to-morrow morning, 9 o'clock.
SATURDAY, November 20,184L
Mr. Warner presented the petition ot 76 citizens, voters of the coun-
ty of Marshall, praying that the tippling act of 1867-8 may not he re-
pealed.
Which being read, was,
On motion of Mr. Warner,
Transmitted to the House of Representatives.
Mr. Frey, chairman of the Committee .on Enrolments, reported as
correctly enrolled
An act to amend an act entitled an ■act 4o provide for the probate and
registration of deeds and other instruments, passed December, 1831,
chapter 9Q.
Which enrolled act was signed by the Speaker of the Senate, and
ordered to be transmitted to the House of Representatives.
Mr. Watcrhouse presented the memorial of Samuel Harris, proprietor
of the Rattle Creek turnpike road, and touching certain matters relative
to the Jasper and 'Pelham turnpike company, with certain accompanying
documents.
Which being read, was,
On motion of Mr. Laughlin,
Transmitted to the House of Representatives.
A message from the House of Representatives, by Mr. Mitchell, their
-clerk:
Mr. Speaker : The House of Representatives have adopted a resn-
lution proposing to create a joint select committee, to take into conside-
ration the memorial of sundry citizens of Nashville, praying to be in-
'Corporated, wilh authority to erect a dam and lock on Cumberland river,
above Nashville, and for other purposes, with leave to report by hill or
otherwise, and have appointed of said committee on part of the House
of Representatives, Messrs. Ewing, Muirhead,, Barry, Brooks, and
THE SENATE.
23V
Croodall; in \Vhich the House of Representatives ask the concurrence of
the Senate.
And then he withdrew.
Mr. Laughlm introduced
A bill to amend the Judiciary system of this State.
Which bill being read a first time, was,
On motion of Mr. Ledbetter,
Laid on the table.
The Senate, on motion of Mr. Jennings, took up the consideration of
a message fron the House of Representatives, proposing, by a resolu-
tion adopted by the House of Representatives, to create a joint select
■committee, to take into consideration the memorial of sundry citizens of
Nashville, praying that an act of incorporation be passed to erect a dam
,and lock across the Cumberland river, above Nashville, and for other
.purposes, with leave to report by bill or otherwise.
Which being read, was concurred in.
Ordered, That Messrs. Jennings, Peyton, and Gardner, be appointed
of said committee on the part of the Senate.
Ordered, That the clerk acquaint the House of Representatives there-
with.
Mr. Ross introduced
A bill to change the time of holding the Circuit Courts in the county
of Giles.
Which bill was read a first time and passed.
A message from the House of Representatives, by Mr. Mitchell, their
clerk:
Me. Speaker4. The House of Representatives have read a third and
last time, and passed, an engrossed bill, to change the venue in civil
causes in certain cases.
Also, an engrossed bill to amend ail act entitled " an act to re-ehnct
and amend an act to establish a system of common schools in the State
of Tennessee," passed 28th January, 1840, which bill has been read a
third and last time and passed. In which the House of Representatives
ask the concurrence of the Senate.
'And then he withdrew.
The Senate, on motion of Mr. Reneau, toOk up the unfinished business
of yesterday, being the amendment of Mr. Williams to the preamble
prefixed to a resolution adopted by the House of Representatives pro-
posing that the Senate meet the House of Representatives in convention
-at. the Representative Hall, on Saturday, the 20th instant, for the purpose
of electing two Senators to the Congress of the United States from the
State of Tennessee, wli'mh being further considered, Mr. Refoeau ad-
dressing the Speaker, and before he had concluded his remarks,
On motion of Mr. Foster,
The Senate adjourned until Monday morning next, 9 o'clock.
238
JOURNAL OF
MONDAY, November 22,1841.
Mr. Ledbetter presented the memorial of the Nashville, Murfrees-
boro', and Shelbyvilie Turnpike Company, praying to be put upon the
same footing with other joint stock turnpike companies iri the State of
Tennessee, in which the State is a stockholder.
Which being read, was,
On motion of Mr. Ledbetter,
Referred to the Committee on Internal Improvements.
Mr. Turney introduced
A bill to prescribe the mode of electing Senators in Congress.
Which bill was read a first time and passed.
The Senate, on motion of Mr, Bradbury, took up the consideration of
A bill to provide for the Internal Improvement fund belonging to Hen-
derson county.
Which was read a second time and passed.
The Senate, on motion of Mr. Turney, took up the consideration of a
resolution by him submitted in blank, on the 28th ultimo, proposing that
the Senate meet the House of Representatives in their Hall, for the pur-
pose of electing a Senator to the Congress of the United States for six
years from the fourth of March last.
Which resolution being read, was,
On motion of Mr. Turney,
Laid on the table until to morrow morning.
I\Ir, Foster moved that the Senate go into Committee of the Whole,
upon the consideration of
A bill to amend the Judiciary system of this State,
Mr. Foster afterwards withdrew said motion, when,
On motion of Mr. Martin,
Said hill was referred to the Committee on the Judiciary.
The Senate, on motion of Mr. Gardner, took up the unfinished busi-
ness of Saturday last, being the amendment offered by Mr. Williams,
to the preamble prefixed to a resolution .adopted by the House of R.ep-
resentatives, pioposing that the Senat ^ meet the House of Representa-
lives in their Hall, on Saturday, the 20lh of November, 1841.
Mr. Reneau being entitled to the floor, when the matters relative
thereto, (with other matters,) was further considered.
Mr. Martin moved to postpone indefinitely said preamble and reso-
lution. And afterwards Mr. Martin withdrew hi? motion to postpone
said resolution indefinitely—the Senate progressing in the considera-
tion of said amendment.
On motion of Mr. Bradbury,
The Senate adjourned until 2 o'clock, P. M.
evening session,
The Senate, on molion of Mr. Martin, took up the further consider-
ation of the preamble prefixed to the resolution adopted by the House
of Representative, proposing that the Senate meet the House of Rep-
resentatives in their Hall, on the 20th instant, for the purpose of elect-
THE SENATE.
239
ing two Senators to the Congress of the United States, from the State
of Tennessee.
When Mr. Martin moved to postpone indefinitely said preamble and
resolution with the amendment thereto adopted, with the amendment of-
fered by Mr. Williams, which being considered of by the Senate was
determined in the affirmative—ayes 13—nays 12.
The ayes and nays being demanded,
Those who voted in the affirmative were :
Messrs. Gardner, Hardwicke, Johnson, Laughlin, Maclin, Martin,
Matthews, Miller, Powell, Ross, Waterhouse, VVarner, and Mr. Speak-
er Turney—13.
Those who voted in the negative were :
Messrs. Ashe, Bradbury, Foster, Frey, Jennings, Ledbetter, Mot-
ley, Nelson, Peyton, Reneau, Sevier, and Williams—12.
So said preamble and resolution, with the amendment thereto, and
the amendment offered by Mr. Williams, were indefinitely postponed.
Ordered, That the clerk acquaint the House of Representatives there-
with.
Mr. Gardner submitted the the following:
Resolved by the General Assembly of the State of Tennessee, That
Thomas Brown and Hopkins L. Turney, be and they are hereby chosen
Senators to the Congress of th6 United" States, the former for six years
from and after the 4th of March last, to succeed the Honorable Aiexan-
tier Anderson, and the latter to fill the unexpired term of the Honorable
Felix Grundy, deceased.
Which resolution being read, was laid on the table.
The Senate took up the consideration of an engrossed bill from the
House of Representatives, for the relief of the legal representatives of
Daniel Fox, deceased.
W hich was read a first time and passed.
Also, an engrossed bill from the House of Representatives, to incor-
pcrate the inhabitants of the town of Lynchburg, in the county of Lin-
coin.
Which bill was read a first time and passed.
Also, an engrossed bill from the House of Representatives, to change
the venue in civil causes in certain cases.
Which bill was read a first time and passed.
Also, an engrossed bill from the House cf Representatives, to amend
the laws of Tennessee upon the subject of depositions.
Which bill was rend a first time and passed.
Also, ati engrossed bill from the House of Representatives, to appoint
r-'tnmisMoneis on Burke's Turnpike road, leading irom Sparta to the
Crab Orel.'?rd.
Which was read a first time and passed.
ALo, an engrossed bill froiii the ilopse of Representatives, to reduce
the tax fee4 of Ajtommys General in certain cases.
Whi< h bill was rtad a fust time and passed.
Also, an engrossed bill four the House of Tlep^sentalives in amend
act entitled an act t > re-enact and amend an act to establish a sys-
240- . , , . JOURNAL OF
fcermofi.Common Schools in the State of Tennessee, passed 28th of Jan-
Mary, 18,40. ' ,
Which bill being read, •' '
Mr. Foster moved'to amend the same by inserting in the eighth sec.
tfon thereof, after the words.-" a Common School Commissioner or Com-
missioners," the words u or treasurer of the Common School Commis-
«ioners." , .
Mr. Foster moved further'to amend said bill, by inserting in the
eighth section, after the words " such commissioner or commisioners,"
.the words, " or treasurers." ■ '
'Which amendments being considered of by the.Senate, were adopt-
ed. ,
And said bill, as amended, was read a first time and passed..
s On motion, of Mr. Warner, ' • 1
Said bill was referred to the Committee on Education and Common
Schools. Y , ' " 1 , (
The Senate took up the consideration of " a bilUe--amend the laws-
now in force, in relation to the. administration of th<$ estates of deceas-
ed persons." ' , ■ '
Which bill being read, . ( •
; ' Mr. Fostehmoved to amend said bill by striking out the second sec-
lion thereof, which reads as follows,, to wit:
1 Sec. 2. Be it enacted Y That, administrators,appointed under this act
shall be allowed, first to be paid out of the assets of the estate all legal
and necessary expenses incurred, and the sum of five per cent upon the
whole value of the estate coming to their hands as such administrator?
for compensation. . '
. Which being considered of by the Senate, said amendment was
• adopted by,striking'out the second section of said bill.
'> Mr. Ledbetter moved the indefinite postponement oh said _ bill as
.amended. r • ^ ' " , '
Mr. Jennings moved the recommittal of said bill, to the further con-
sideration of the Committee on the Judiciary. . \ '
•' Which motion having'precedence was adopted, and said- bilk recom-
'raitted to the Committee on the Judiciary., i . , . '
The Senate took up the consideration of a bill for an Entry Taker,
in the,county'of Polk, and for other purposes." . * v ' »
, Which hill was read a second time and passed, ■
. ' Also;, a bill to incorporate the'Montgomery Wharf Compan}r.
. Which bill was read a second time 'and passed. A . ■
■ . Also,,u a bill to authorise the Trustees of Huntingdon Academy to
(ldisposeof lot'lNo. 35, in said town."-''
■ Which bill being read, , ■ '-
, ' Mr. Sevier asked ,and obtained leave to withdraw the same foramen']*-
-inent. ' 1 • • - • ' ' , ' " 1 •
The Senate took up the consideration of a bill graiiting-'th' Elijah
• Frost a Turnpike road; And to Andrew3T Parker, £uhn Cilientiue,aid
' Aichol.is M. Gijlen-tine' a'Thirnndje road. • ^ r - » . '. '
• Wiiioh bill\yas.read a seftond.funfc and passed.' •
Mr, S&\ ier, who had obtained leave to uddukaw for amendment "a-
THE SENATE. 'm
bill to authorise tbe Trustees of the Huntington Academy tb disposes of
lot No. 95, in said toivn," returned said bill with the following' amend-
ment, to' wit : • • , *; .
Sec. 2. Be it enacted, That the Trustees of said institution may sejl,
loan, or Vent said lot, publicly or privately," and that when sold, leased,,
or rented, and the proceeds collected, said Trustees are hefeby required
to apply the same to the use and for the benefit of said Academy.
" Which amendment being read and considered,, and the,'sense of the
Senate thereon had, was adopted.. .
.'And said bill, as amended, was read a second tithe and passedi-
. Mr. Jennings Introduced •'
A bill to change the organization of the board of Internal IiBproven:enf.
A Which was read a first time and passedi
. On motion of Mr. Jennings, ; ,
Said bill was refeired to the Committee on Internal Improvements.
On motion of Mr. Ross, • (
* The Senate adjourned until to-morrow morning, 9 o'clock. .'R p •
TUESDAY, November 23, 184L
Mr. Sevier presented the petition of several citizens of Carroll conn-
ty, relative to the law declaring Sandy river navigable.
Which being.read,-was, cnlnotion of Mr. Sevier,ordered to.bejrans-
mitted to the House of Representatives. . -
Mr. Hardwicke asked and obtained leave to withdraw for amendment,
" a bill to divide the State into Senatorial and Representative districts.'*
The Senate took up the'consideration of 'fa bill from the House , of
Representatives, for the relief of the legal representatives of Daniel
Fox, deceased. *
- Which bill was read a second time, and on motion: of Mr.. Williams,
was referred to the Committee on Claims. . ' ' v,..
Also, a bill from the House of Representatives to-appoint commRr
,sloners"oil Darke-s Turnpike road,-leading from Sparta to - the Crab •
Orchard! ' _ ' , . .
Which was .read a second time and passed! , •' ■
Also., an engrossed bill from the House of Representatives, to in cor-,
porate. the inhabitant siof the town, of 'Lynchburg, in the county of Lin-
coin. '' ..' ' ' - , ' ' . ; • ... ,) ■ ,
Which bill was read a second time and passed. , r •
Also, an'engrossed bill from the House of Re pre sen tub Ws. to change
tfie venue in civil causes in 'certain cases. - r-
Whieh.was read a 'second time and rejected. f,
. Ordered,• -Tfyat .the Uork'-aequaint the House of Reprjesentatiyes there-
with. ' T T> ' "
Also, an'en grossed bill from therHouse ot Representatives, to .amend
the laws' of Tennessee upon, the subject.ot uepqsmofts. ; , V
.'Which bdl wa*. rea«f'a second lithe, and, on. motion of M:\Ttpp..r
was referred-to the (Wyjmi'.tce dii the Judiciary. ( . . . »
17
242
JOURNAL OF
Mr. Warner presented tie petition of 91 citizens and voters, resident
in Bedford county, praying a modification of the tippling act oi lfctl7
and
Mr. Warner, also, presented a petition of 15ft citizens, resident in
tlie county, pricing that the tippling act of 1857-8, be kept in loice
and unrepealed.
Which petitions severally being read, were, on motion of Mr. War-
lier, trati initled to the House of Representatives.
Mr. Ledbetter presented the memorial of 67 medical students, of tL *
Medical University of Louisville, Kentucky*, being citizens of the Mate
of Tennessee, praying that the laws of the State of Tennessee in
tion to the cisinlerment of the dead be. amended as in said memorial
mentioned.
Which being read, was, on motion of Mr, Ledbetter, transmitted t
the House of Representatives.
Mr. Ross presented a communication from a Committee of the Board
of directors of the Columbia, Pulaski, Elkton, and Alabama Tun,juke
C ompany, relating to said Turnpike road.
Which being lead, was, on motion'of Mr. Ross, referred to the Com-
mittce on the Judiciary.
The Senate took up the consideration of "a bill to provide for the
Internal Improvement fund belonging to Henderson county."
Which bill was read a thiid time, when Mr. Maclin asked and el-
tained leave to withdraw said bill for amendment,
The Senate took up the consideration cf a bill to establish an Entiy
Takei'j} office in the county of Polk, and for other purposes.
Which being read a thiid and last time, the question, " Shall said bil
pass ?" being had, was determined in the affii liiative-—'ayes 12—nays <J,
The ayes and nays being demanded,
Those who voted in the affirmative were,
Messrs. Plardwicke, Jennings, Johnson, Laughlin, Martin, Matthew*,
Maclin, Miller, Powell, Ross, Sevier, Warner, and Speaker Turney—1-3,
Those who voted in the negative were,
Messrs. Bradbury, Foster, Frey, Ledbetter, Motley, Nelson, Peyton.
Waterhouse, and Williams—9.
So said bill was passed upon its third and last reading, and ordered
to be engrossed and transmitted to the House of Representatives.
The Senate took up the consideration of a bill on its third aniline
reading, to authorise the trustees of Huntingdon Academy to dispose
of lot No. 95, in said town.
Which bill was read a third and'Inst lime, and tlie question,Shall
said bill pass J" being had, was determined in the affirmative.
So said bill was pass'ed upon its thiid and last reacting, and was rr-
d* red to be engross d and transmitted to the House of Representatives.
Mr. Maclin returned a bill by him withdrawn for amendment, topic-
\ de for the Internal Improvement fui d of liencieison county, with tl.f
f lowing amendment, to wit; After the wouis " Henderson," insert tie
wo ds ' Henderson and Perry."
Which amendment being read and considered of by the Senate, wo
a op cd.
THE SENATE.
243
When Mr. Ilardwicke asked and obtained leave to withdraw said bill
ibr amendment.
The Senate took up the consideration of a bill granting to Elijah
Frost a Tutnpike road ; and granting to Andrew K. Parker, John Gel-
lentine, and Nicholas M. Gellentine a Turnpike road.
Which bill was read a third and last time, and the question, " Shall
said bill pass ?" being had, was determined in the affirmative—ayes 17
-—nays 3.
The ayes and nays being demanded,
Those who voted in the affirmative were,
Messrs, Bradbury, Foster, Frey, Jennings, Johnson, Laughlin, Led-
better, Maclin, Martin, Miller, Motley, Peyton, Powell, Ross, Sevier,
Waterhouse, and Mr. Speaker Turney—17.
Those who voted in the negative were,
Messrs. Matthews, Nelso'n, and Warner—3.
So said bill was passed on its third and last reading, and ordered to
be engrossed and transmitted to the House of Representatives.
The Senate took up the consideration of " a bill to change the time
of holding the circuit court in the county-of G Ls."
Which bill was read a third and last time, and the question, " Shall
said bill pass ?" being had, was determined in the affirmative.
So said bill was passed on its third and last reading, and was ordered
to be engrossed and transmitted to the House of Representatives.
The Senate took up the consideration of " a bill to change the time
of holding the circuit courts in the county of Giles."
Which bill was read a third and last time, and the question, Shall
said bill pass ?" being had, was determined in the affirmative.
So said bill was passed on its third and last reading, and was hrdered
to be engrossed and transmitted to the House of Representatives.
The Senate took up the consideration of "a bffl to prescribe the mode
of electing Senators in Congress."
Which was read a second time and passsed.
The Senate took up the consideration of "a bill to incorporate the
Montgomery Wharf Company."
On motion of Mr. Frey,
Said bill was laid on thg table.
A message from the House of Representatives, by Mr. Mitchell, their
clerk : *
Mr Speaker : The Speaker of the House of Representatives did
this day sign an enrolled bill entitled l'an act to amend an get to pro-
vide for the probate and registration of deeds and other instruments,"
passed December, ]S31, chapter 30.
Which enrolled act was signed by the Speaker of the Senate, and
was ordered to be deposited in the office of the Secretary of State.
On motion of Mr. Turney,
The Senate'adjourned until 2 o'clock, P. M.
2 41
JOURNAL OF
EVENING SESSION. .
Mr. Gardner submitted the following preamble as an amendment to
the resolution by him submitted on yesterday, appointing and choosing
Thomas Brown and Hopkins L. Turney, Senators to the Congress of
the United States, the former for six years, from and after the 4th day
of March last, to succeed the Honorable Alexander Anderson, and the
latter to fill the unexpired term of the Honorable Felix Grundy, dp-
ceased, to wit:
TV/tereas, The relative strength of political parlies in this State* is
nearly equal, as is proved by the result of the late election for members
to this General Assembly, in which the Democrats' succeeded in the
election of a majority of one in the Senate, and the Whigs in a major-
ity of three in the House of Representatives ; the former xdng precise-
ly equal to the latter in legislative weight, although numerically as hut
one to three.
And whereas, the thirteen Democratic Senators on this floor represent
(b2,000 of the qualified voters of the State, whilst the twelve Wlpg
Senators only represent about oS,000 of the same class o.f the freemen
( f Tennessee.
And whereas, if a certain Whig Representative in the popular branch
(4' the General Assembly would obey the instructions heretofore given
him, by a majority of more than two thirds of all the qualified voters in
his district, the strength of political parties'would be equally, balanced,
in any attempt to elect Senators to' the Congress of the United Slates
by a joint vote of the two houses.
.And whereas, ft change offour votes in a single Representative dis-
Vict in the Western District of this State (where the candidates for Go-
vernor were tied) would have sent a Democratic, instead of a Whig
member from said District, and produced an equipoise of political pow-
or on joint ballot of the two houses.
. 2nd whereas, a change of f.ficen votes jn another district in said di-
vision, would also have resulted in the choice of a Democrat in the
place of a Whig, in which event the party now in the minority in the
General Assembly, instead of its political opponents, would have had a
majority of two on joint vote.
.ind whereas, the great and rapid reduction .of the popular Whig ma-
jorityin the Slate,.from the Presidential election, in the month of No-
vember, 1840, to the State election in August, 1841, proves, most con-
olusively, that between those two periods, an extraordinary re-action in
favor ofthe Democratic party was going on in the public mind ; in-*
ducing the belief, that at this time the slight majority in the relative
strength of parties which existed at the latter period, has been greatly
diminished, or perhaps totally destroyed, if indeed the democracy of the
State be not now decidedly in the ascendency.
, And whereas, the Democratic, portion of this General Assembly re-
pudiates the noirupt and demoralizing doctrine, "that to the victors
belong the spoils," and .adopt the principle which affords a just pro-
tection to the rights of minorities, and secures equality of representa-
tation to the great body of the people.
And tvhereas, the existing division in public .sentiment in this State,
THE SENATE.
on the Sulject of national politics is so nearly equal, tliat in the opinion
of the members of this General Assembly, discarding party excite-
ment, and all selfish considerations, a duti reganl to strict justice and
political fair'play, demands that the Legislature should select one Sen-
ator from the ranks of each of the opposing parties, to represent this
St ite in the Congress of the United States. Therefore,
Which being read,
Mr. Ledbetter moved to lay said amendment on the table.
A Call of the Senate being demanded, which was had, resulting in
twenty-four Senators answeiing.
Mr. Reneuu being absent through indisposition.
The Speaker of thq Senate directed the door keeper to request the
attendance of Mr. Reneau, the absent Senator, who, failing to appear
firm indisposition
The Senate considered the motion of Mr. Ledbetter, to l^y said
amendment on the table.
Which was determined in the negative-—ayes 11—nays 13.
The ayes and nays being demanded,
Those who voted in the affirmative were, •
Me.'srs. Affie, Bradbury, Foster, Frey, Jenrjings, Ledbetter, Motley,'
Nelcon, Peyton, Sevier, and \\ illiams—11.
Those who voted in the negative were,
Messrs. Gardner, Hardwicke, Johnson, Laugliltn, Afaclin, Martin,
Mntthewr, Miller, Powell, Ross, Waterhousc, Warner, and Mr, Speak-
er Turney—13.
So said motion to lay said amendment on the table, was rejectpd.
Mr. Ledbetter moved to amend said preamble, by striking out the
following, to wit:
"Awl where is, if a certain yfhig Representative in the popular branch
of this General Assembly, would obey the instructions heretofore given
him, by a m .jority of more than two thirds of all the qualified voters of
his district, the strength of political parties would be eqm lly balanced
in any attempt to elect Senators to the Congress of the United States,
by a joint vote of the two houses."
Mr. Speaker Turney being called upon to enforce the rule that no
matter should he called in question by any member of the Senate, re-
laling to the acts of any member of the House ot Representatives, in dc-
bate or otherwise.
Whereupon the Speaker of the. Senate directed the following words
to be stricken out of said preamble, being a portion of the same subject
matter, moved to be stricken out by Mr. Ledbetter, which is in the fob
lowing wordsy to wit:
"A certain Whig Representative in the popular branch of this Gen-
eral Assembly, would obey the instructions heretofore given him,bv a
majoirity of more than two thirds of all the qualified voters in his
district."
Which is accordingly stricken out.
Mr. Martin offered the following amendment to said preamble :
After the words "whereas if" "the popular will of the counties of
Humphreys and Benton are faithfully represented, the strength of po-
litical parties wo-inu, lie ennanv auiunru y attempt to elect Sena-
JOURNAL OF
tors to the Congress of the United States, by a joint vote of the two
houses."
The question being had upon the adoption of the amendment offered
by Mr.. Maitin, was determined in the affirmative—ayes 13—nays 11.
The ayes and nays being demanded,
Those who voted in the affirmative were,
Messrs. Gardner, Hardwieke, JounsOn, Laughlin, Maclin, Martin,
Matthews, Miller, Powell, Ross, Waterhouse, Warner, and Mr. Spea-
ker Turney—13.
Those who voted in the negative were,
Messrs. Ashe, Bradbury, Foster, Frey, Jennings, Ledbetter, Motley,
Nelson, Peyton, Sevier, and Williams—11.
So said amendment was adopted.
Mr. Williams offered the following amendment to said preamble, to
be inserted after the words "the popular will of the counties Of Hutu-
phreys and Benton, are faithfully represented," "and the popular will of
the representative district composed of the county of Roane, and the
Senatorial district composed of the counties of White, Overton, Jack-
son, and Fentress, be disregarded."
Mr. Williams demanded the ayes and nays on the adoption of the
amendment by him offered.
Mr. Lam'hlin moved to lay the amendment offered by Mr. Williams
ou the table.
Air. Turney offered the following amendment in lieu of the amenrl-
meat offered by Mr. Williams, which is in the following words: "and
the counties of White, Jffekson, Overron, and Fentress, contains a
lmjoiity of Whffn, the Senatorial district of the Senator from While.1'
The question liien recurred upon the laying on the table the amend-
went offered by Mr. Williams, on the motion of Mr. Laughlin.
Which yvas determined in the affirmative—ayes 16—nays 8.
And the ayes and nays being demanded by Mr. Williams,
Those who voted in the affiimotive are,
Messrs. JBradbury, Foster, Frey, Gardner, Hardwicke, Johnson,
Laughlin, Maplin, Martin, Matthews, Miller, Powell, Ross, Waterhouse,
Warner, and Mr. Speaker Turney— 16.
Those who voted in the negative were,
Messrs. Ashe, Jennings, Ledbetter, Motley, Nelsoii, Peyton, Sevier,
and Williams—8.
So said amendment was laid on the table.
The question then recurred upon the adoption of the amendment of-
fered by Mr. Turney, in lieu of the amendment of Mr. Williams,
And the question being thereon had, was determined in the negative.
Those who voted in the affirmative were,
^ Messrs. Ashe, Bradbury, Foster, Frey, Jennings, Ledbetter, Motley,
Nelson, Peyton, Sevier, Williams, find Mr. Speaker Turney—13.
Those who voted in the negative were,
Messrs. Gardner, Hardwicke, Johnson, Laughlin, Maclin, Martin,
Matthews, Miller, Powell, Ross, Waterhouse, and Warner—12.
So said amendment was remitted.
THE SENATE.
247
Mr. Ledbetter moved that the Senate adjourn until to-morrow morn-
lug, 9 oTlock.
The ayes and nays being demanded,
Those who voted in the affirmative weie,
Messrs. Ashe, Foster, Frey* Jennings, Ledbetter, Motley, Nelson,
Peyton, Sevier, and Williams—10.
Those who voted in the negative were,
Messis. Bradbury, Gardner, Hardwicke, Johnson, Laughlin, Maclin,
Mai tin, Vlatthews, Miller, Powell, Ptoss, \) aterhouse, Warner, and
Mr. Speaker Turney—14.
So said motion to adjourn was rejected.
Mr. Ledbetter renewed his motiop to amend said preamble,. Ly striL"-
ing out that part of the same, heretofore moved by him to be stricken
out.
The ayes and nays being demanded upon said motion to amend by
striking out, being had, was determined in the negative—ayes 11 —
nny^ 1^.
Those who voted in the affirmative were,
Messrs. Ashe, Bradbury, Foster, Frey, Jennings, Ledbetter, Motley,
Nelson, Peyton, Sevier, and Williams—1L
Those who voted in the negative were,
Messrs. Gardner, Hardwicke, Johnson, Laughlin, Mackn, Mart-in,
Matthews, Miller, Powell, Ross, Waterhouse, Warner, and Mr. Spea-
ker Tuiney—1 3
So said motion to amend said preamble by striking out was rejected
Mr. Ledbetter moved to lay said preamble and resolution, and th'e
amendment made thereto, with the proposed amendment, on the table.
And ihe sense ot the Senate being had thereon,
Said motion was rejected.
Mr. Ledbetter offered the following amendment to said preamble
to wdt:
uResolved further, That if the Senatorial District composed ot
While, Jackson, Overton, and Fentress counties, be faply rcpre.--
sented,tben the parties in this General Assembly will stand precisely
as they did before the foregoing preamble and resolution were intro-
duced."
Which being rend,
Mr. Turney moved to lay said amendment on the table.
The question, laying said amendment on the tabler being bad, was-
determined in the affirmative—ayes 13—nays 11.
The ayes and nays being demanded by Mr. Ledbetter,
Those who voted in fhe affirmative were,
Messrs. Gardner, Hardwicke, Johnson, Laughlin, Maclin, Martin,
Matthews, Miller, Powell, Ross, Waterhouse, Warner, and Mr. Spea-
ker Turney—13.
Those who voted in the negative were,
Messrs. Ashe, Bradbuiy, Foster, Frey, Jennings, Ledbetter, Motley,
Nelson, Peyton, Sevier, and Williams* —11.
bo said amendment offered by Mr. Ledbetter, was laid on the table.
Mr. Sevier offered the following amendment, to wit:
24$
JOURNAL'03?
"LZnci whe'reasy if the situation of parties were revised, and the Ft-
mocratic party had a majority of two on joint ballot of both houses, we
the Democratic members' of the Senate, pledge ourselves that we would
have made similar propositions to the one contained in-the preamble.''
Which being read, ' _
Mr. Turney .moved to amend said amendment, by striking out, the
word "Democratic" wherever the same occurs in said amendment,.of-
f'ered by Mr. Sevier, and insert in lieu thereof, the-word "Whig."
And the sense of the Senate being thereon had, said -amendment of-
fered by Mr. Turney,'to the amendment offered by Mr.( Sevier, was
adopted. ' ; ■ .
Mr. Sevier asked and 'obtained leave ,trt withdraw said amendment.
The question then recurred - upon the adoption of said, preamble as
amended, which being had, was determined in the affirmative—ayes
12—nays 11.
• The ayes and nays bcihg demanded,
, Those who voted in the affirmative were,
Messrs. Gardner, Mardwicke, Johnson, Laughliri, Martin, Matthews,
Miller, ■' Powell, Ross, * Waterhouse, Warner, and' Mr. Speaker Tur-
. ney—12. , <
Those who voted in the'negative were,
, " Messrs. Ashe, Bradbury, Foster, Frey, Jennings, Ledbetter, Motley,
Ntlsonf Peyton, Sevier,"and Williams—11. • •
So said preamble as amended was adopted. .
. Which with the resolution, was laid on the, table.
Mr. Turney moved that the Senate adjourn until, to-morrow morn-
ings 9 o'clock". . , ' ,
1 The ayes and naves being demanded by Mr. Nelson, w6s. determined
in the negative—ayes 9—nays 15. • ^
Those who voted in the affirmative were,
Messrs. Ashe, Bradbury, Foster, Jennings, Ledbetter, Miller, Pey-
ton, lloss, and Mr. Speaker Turney—9'.
Thos^ who voted in the negative were, '
' Messrs. Frey, Gardner, Hardwicke, Johnson, Laughlin,, Maclin,
Martin,'Matlheyrs, Motley, NeIson,Powell, Sevier, Watep-house, War- '
lier, and Williams—15. '
. So the Senate refused to adjourn.
On motion of Mr. Williams,.
The Senate adjourned until to-morrow morning,' 9 o'clock. ■
W LD NFS DAY, November 2-4,. 1841.
hit. 'ILrdwickc returned the Li• i withdrawn by hirn ^ for amend meet,
to provide .the Internal Irr.prOveni'ent fund belonging to -iLe roomie* of
■Ht-r.de-iwn, llarJemasi, und perry, with the follow ing amendmeu',
tVwlt: ■
Aio'f tint' word "Perry" in ?h£ caption, and \\hen- toe same oceuis
in said Lib 'iniidrrthe word "Lieksou."
AVh;c\|i asfendaiedt Wag resid,
. THE SENATE*"- : 7 '■" 249
And the sense of the S eh ate' being therepn had, was determined in
the affirmative-.. ;■ '"lf'Yi Y -/Y ,
And said bill, as amended, was'read a third and last time and passed,
and was ordered to be engrossed and transmitted to the House of Rep- •
resentatives. Y.--- VY \* ."'Y':' Yv'"Y-■~Y --V ■ Y^'"
Mr. Hardwicke presented a petition from Benjamin G. Anderson,,cit-
izertof Davidson county, prayinggiRat the tippling .aet!of 18o7 8, be'-
repealed, and to,.give freedom to the people to eat, drink, and be merry!,
Which being read, was, on motion of Mr,. Hardwicke, ordered to be
transmitted to the House of Representatives.; , , 4^ . Y
Mr. Laughlin, Chairman of the Committee on Banks, .to whom had '
been,referred " a bill to authorise the Bank of Tennessee and branches,
! to--renew, all notes of. two hundred .dollars arid under, by calling ten per
scent.-semi-annually," 'report sit hat' the 'Committee have had the same un-
;tier consideration, and think its provisions unreasonable, and have. d,i-
irected him to return said bill and-recommend its rejection. ■ 1 ' . Y.'Y
On motion of Mr, Turney, „ 1 ' " , \ YY-.Y Y
Said bill was laid on tlye table. . - , ; , 1 : v. ■ YY'/'Y'
Mr. Laughlinv from .the-same Committee,■ to whom had been referred.
'Y a bill.to equalize4be discounts at the .branches of the Banks of Tern - :
nessee and for .other purposes," repoits that said committee have had
"the same,under consideration and deem its; provisions improper .qnd'un-.
reasonable,;, and have directed him to report ;said bill and recommend its
rejection.' '/,Y- Y 'Y. Y •'Y;.' YY-YYy ,' Y f
i.y VYhich bill was, on motion of Mr. iLaughlin, laid-on the table, f
' The Sena'te tool: up. the consideration ,of, an engrossed bill' from the'
Mouse . of Represent atives, to .appoint com m iss loners on 13 UrkeVTurn-
Ipike roael, leading fimm Sparta to the Crab Qrchard. , . .,
p.'.Whiclf.biir was read a , third and last time', and the questio'n, " Shall)
isaid hill pass ?"...being had, \yas determined in the affirmative. .■
I'So said bill was passed oh its; third a,hd ln^t reading, and was ordered
.[to-be transmitted to. the'House of Representatives for enrolment.; "Y.-
b ;;lh'e -Senate; took up the 'consuleration of, art engrossed bill from the
House of Representatives, to incorporate the town Lynchburg'., .'.in '-.the,
county of Lincoln. ' p
V Mrr Turney,offered the following amendment id .said bill, to wit .
Y Sec.:, 11;. Beit, enacted<, / That the town of .Sparta* in. the tconnty of
White, is hereby incoiq-n:> rated with the same-pro visions. and under -: the
same rules and restrictions as is proscribed in this act, incorporating'the
l.o wn of Lynchburg, in the .county of .Lincoln. •' , ■
Which amendment being read, and considered-of by the Senate,was
ulopt u!.
And ,rfi.J bill, as amen led, v as ie id a third and'lnst tine, and the
piestio.i, '4 oh !1 -mid Yd p ifY" b*..ng nad, w.,s deiei mined m'the al-
l malive. , Y-
And so said bdl vi.e pYsed on if- third and last jeadinY, and was
» (J# ied to be fiolh If-nst- -of Rcp>esentntm-s... and the
^Hie-n'-eiice'of th/il r.i.»e o! Re luscriai-ntio u\L;d to the a -■ p'dfn!'nt-
250
JOURNAL OF
Mr. Waterhouse introduced ,
u A bill for the relief of, and to refund to Samuel R. Ilackelt, . late
sheriff and collector for Rhea county, the sum of forty-four dollars and
forty-nine cents, ' ,
Which bill was read a first time, and passed, and
On motion of Mr. Waterhouse,
' , Said bill was referred to the Committee on Claims.
The Senate, on motion of Mr. Turney, took up the consideration, of
" a bill to authorise the Bank of Tennessee and branches, to renew all
notes of two hundred dollars and under, by calling ten per cent, semi-
annually." ■ ,
Mr. Laughlin offered to amend said bill, by inserting therein after the
words " semi-annually," the words " provided that the -directors shall
be'satisfied' that," and after the words " the note," the wordsby such
renewal will-" v -'
Which amendments being read, and the sense of the Senate thereon'
had,, were adopted,
Mr. Turney offered the following amendment:.
, " Provided also,,.That this act shall not -be construed to compel the
Bank to renew any notes according to tiie.provisions of this act, where
the maker or any of the endorsers shall hav»borrowed the money for the
use of any other person, or where they may have more than one. note
in said Bank, or any of the branches." , ;
/ Mr. Ledbetter moved the indefinite postponement of said bill, witk
the amendments.adopted and offered-thereto. .
The ayes and1 nays being demanded by Mr. Ledbetter,..
Those who voted in the affirmative were, .
Messts. Ashe, Bradbury-, Ledbetter, Martin, Motley, Peyton, Sevier,
Warner, and Williams—9. .
Those who voted in the negative were,
Messrs. Foster, , Frey, Gardner, Tlardwicke, .Jennings, Johnson,
Laughlin, Maclio, Matthews,. Miller, Nelson, Powell, Ross, Water-,
house, ,and Mr. Speaker Turney—15.
So said motion, to postpone said bill indefinitely, was rejected.
-The said bill, asamended, was read a second time, and the question,
" Shall said bill pass ?." upon its second reading being, had, was deter-
mined.;in fhe affirmative—ayes 15—mays 9,
The ayes and nhys being demanded, . , -
' Tlfore who vofqd in the affirmative weye, -
Messrs. Foster,. Frey, Gardner, Hardwicke, Jennings, Johnson,
Laughlin, Maclin, Matthews; Miller, Nelson, Powell, Ross, Wutei-
house, and Mr. Speaker Turney—15, ; .
Those who voted in the negative were,
\ Me.-srs. Ashe, Bradbury,Ledhefter,. Motley, Peyton, Sevier,H arner.
and Williams—9. w . '
So said bill was passed on ils second reading^ : - ..
A mess .ge frorn tffe llouse of Representatives, by Mr. Mitchell,
M^RpKAirrn": The'House of/<^prcsentalives took up an^ead a
THE SENATE.
251
county, praying the Legislature to refund to said commissiorers certain
sums of money paid out by said commissioners, in discharge ol duties
imposed upon them, touching said service.
Also, a petition from sundry citizens of Greene county, praying a do-
nation to lioaring Spring Academy.
Also, a memorial to the Congress of the United States, praying that
compensation may be made to the Tennessee Volunteers, who have lost
horses and other property in the late Indian war in Florida.
And then he withdrew.
On motion of Mr. Foster,
The Senate adjourned until 2 o'clock, P. M.
EVENING SESSION,
Mr. Powell introduced
u A bill concerning clerk's fees, in certain cases."
Which bill was read a first time and passed.
Mr. Gardner moved to take up the further consideration of a prearn-
ble and resolution, appointing Thomas Brown and Hopkins L. Turrey
Senators to the Congress of the United States, from the State of Ten-
nessee, and afterwards withdrew his motion to take up said preamble
and resolution.
The Senate took up the consideration of " a bill to incorporate the
Montgomery Wharf Company."
Which bill was read a third and last time, and the question, " Shall
said bill pnSs," being had, was determined in the affirmative.
So said bill was passed upon its third and last reading, which was
ordered to be engrossed and transmitted to the House of Hepresenta-'
tives.
The Senate took up the consideration of " a bill to amend the act of
1817, chapter G5, section 4, fixing the compensation of Attorneys Gen-
eral in this State."
Mr. Williams moved that he be permitted to withdraw the amend-
ment by him heretofore offered to said bill.
Which motion prevailing, said amendment was withdrawn,'with the
amendment to said amendment, offered by Mr. Martin.
Said bill was then read a third and last time, and the question, " Shall
said bill pass ?" being had, was determined in the affirmative.
Those who voted in the affirmative were,
Messrs. Bradbury, Foster, Frey, Gardner, Hardwicke, Jennings,
Johnson, Laughlin, Ledbetter, Maclin, Martin, Matthews, Miller, Pey-
ton, Ross, Sevier, Waterhouse, Warner, Williams,and Mr, Speaker Tur-
ney—20.
Senator Nelson voting in the negative.
So said bill was passed upon its third and last reading, and ordered
to be enrolled and transmitted td the House,of Representatives.
On motion of Mr. Foster,
The Senate adjourned until to-morrow morning, 9 o'clock.
JOURNAL OF
THURSDAY, November 25, 1841.
Mr. Williams presentee} a petition from sundry citizens of Claiborne
county, praying against the creation of a new county to be erected out
of parts ot the counties of Grainger, Claiborrp, Campbell, and Antler-
soti.
W hich being read, was, on motion of Mr. Williams, transmitted to
the Mouse of Representatives.
Mr. Ashe presented the memorial of the trustees and contributors of
the " Randolph Institute," in the county of Tipton, praying that cei-
tain appropriations be made and privileges granted by law to said In-
stitution.
Which being read, was,"on motion of Mr. Ashe, transmitted to the
House of Representatives.
Mr. Foster, chairman of the Committee on the Judiciary, to which
had been referred the petition of citizens of Maury county, praying that
John R. Mclvee be permitted to erect a mill upon Duck river, reports
that said committee have had the same under consideration, and have
directed him to make the following report:
The Judiciary Committee have had under consideration the petition of
many citizens of "Maury county, praying the passage of a law granting
to John R. McKee the privilege of erecting a mill on Duck river, in the
county of Maury, and have directed me to report that, by the Sth sec.
of art. If of the constitution it is ordained : u the Legislature shall have
the right to vestsilcii powers in the courts of justice,, with regaid to pri-
vateaud Ipcal affairs, as may he deemed expedient;" andHhat under such
section the General Assembly by the act of 1835, chapter 20, vested in
the County Courts the power of granting the privilege prayed for in said
petition : that from the information possessed by the County Courts they
are more competent and better qualified fo judge of the utility and pro-
priety of granting such privileges than ths General Assembly. The
committee have directed me further to rpporf, that by the gem ral law
of the laud no mill shall be allowed, or other improvements made, so as
1o interrupt or in any way to injure or impair the navigation of such
streams as.are or may be. declared navigable, and that as Duck river is
by law declared a navigable stream, to grant the prayer of said petition
would, in the opinion of the committer, he witldn the prohibition of the
7lh section of article 11 of the constitution of the State of Tennessee.
The committee are, therefore, of the opinion that the prayer of the pe-
thinners should not he granted. All of which is respectfully submitted.
ROBERT C. FOSTER, Jr., Chairman.
Which being read, the Senate concurred therein.
Mr. Ha/dwieke submitted the following:
ir/'Cm?.?, complaint is made that,"by the operation of the by-laws and
internal regulations of the Branch of the Bank of Tennessee at Claries-
v'.lle, that great injustice is done to borrowers and dealers in said Bank.
Therefore
Be it revolved, That the president, directors, &c. of said Bank repoit
to the Senate a true cq y of all their by-laws and internal regulations, es-
THE SENATE.
253
pecially those touching in any manner their discounts and renewal of
notes atjsaid Bank, and how many discount days in each week they have
for the renewal of notes due said Bank, and whether the board.regular-
ly meets on said discount days or not, &c., &c. And that said report be
made as soon as practicable.
Which being read, was laid on the table.
Mr. Ledbetter submitted the following :
Resolved, That a second assistant clerk be elected by the Senate, to
transcribe the Senate journal for the public printers, and to perform such
other duties as may from time to time be required of him.
Which being read, was laid on the table.
Mr. Jennings introduced
A bill to encourage literature and scientific operations.
Which bill was read a first time and passed.
On motion of Mr. Jennings,
Said bill was referred to "the Committee on Education and Common
Schools.
Mr. Maclin introduced
A bill to charter the Bank at Fort Pickering.
Which bill was read a first time and passed.
On motion of Mr. Maclin,
Said bill was referred to a special committee heretofore appointed for
that purpose, consisting of Messrs. Maclin, Foster, and Gardner.
Mr. Frey, who had withdrawn for amendment, a bill from the House
of Representatives to change the tune of holding the Circuit Courts for
the 7th Judicial District in this State, returned said bill with the follow-
ing amendment, and moved to strike out the whole of said hill after the
caption, and substitute said amendment in lieu thereof, which amend-
ment is as follows, to wit :
Section 1. Bz it awtidby the General As'mhly of the Slate of
Tennessee, That the Circuit Courts in the seventh Judicial Circuit shall
hereafter be held at the following times, to wit : For the county of
Stewart, on the second Monday in February, June, an^l October. For
the county of Humphreys, the third xMonday in February, June, and
October. For the county of Dickson, on the fourth Monday in Februa-
ry, June, and October. For the county of Robertson, on the fiist Mon-
day of March, July, and November. For the county of Montgomery,
on the first Monday m April, August, and December, in each year.
# Sec. 2. jBe it enacted, That the Chancery Courts in said Judicial
Circuit shall be held at Charlotte on the third Monday of May and No-
vena her, and at Ciarksville on the fourth Monday in May and November,
in each year.
Sec. 3. Bz it enacted, That each of the Circuit Courts herein men-
tioned, shall hold their first term after the passage of this act, at the times
specified by law, and thereafter at the'times specified in this act.
Which amendment being read, and the sense of the Senate thereon
had, the whole of said bill after the caption is stricken out, and said
amendment offered >u lieu thereof is adopted.
And said bill, as amended, being read a third and last time, the ques*
254
JOURNAL OF
tion "Shall said bill pass?" being had, was determined in the aOlrina-
live.
Alul so said bill was passed upornts third and last reading, and order-
ed to be transmitted to the House of Representatives lor their concur-
lenee in said amendment.
Mr. Gardner moved to take up the further consideration of a preamble
-and rcsojuliou by him heretofore submitted, appointing Thomas Brown
and Hopkins L. Turney, citizens of the State of Tennessee, .Senators
to the Congress of the United States from the State of Tennessee, and
again withdrew said motion.
Mr. Foster introduced
A hill to change the venue in civil causes in certain cases.
Which hill was read a first time and passed.
On motion of Mr. Foster,
The Senate adjourned until 2 o'clock, P. M.
evening- session.
Mr. Warner introduced
A b'U to prevent indictments and presentments m certain cases.
Whi • 11 bill was read a first time-arid passed.
Mr. Ledbetter moved to refer said, bill to the Committee on the JuJi-
ciary.
And the sense of the Senate was thereon had, and said motion tore-
fer said hill to the Committee on the Judiciary was rejected.
The Senate took up the eonsidei a tion of
A 1 ill concerning'Clerk's fees in certain cases.
Which was read a second time.
When Mr. Gardner offered the following amendment, to be inserted
after the words " Clerk's fees," to wit: "and witnesses on behalf of
the acquitted defendant, when a trial was had on the merits of the cause.'1
Which amendment being read,
On motion of Mr. Foster,
Said hill was hid on the table.
The Sena'" took up the consideratiorv of a message from the House
of Representatives transmitting a memorial addressed to the Congress
of the United States, praying that compensation be made to the Tonnes-
see Volunteers who have lost horses and other property in the late Indian
war, in the territory of Florida. ,
Which Was read and concurred in, and ordered to be engrossed and
transmitted to the House of Representatives.
The Senate, took-up the consideration of a message from the House
of Representatives, transmitting the petition of sundry citizens of Greene
county, praying that a law may be passed granting a donation to tlie
Roaring Spring Seminary.
Which being read,
On motion of Mr. Johnson,
Said petition was referred to the Committee on Education and Cot
mon .Schools,
The Senate took up the consideration of a message from the House
THE-SENATE.-
255
of Representatives, transmitting a memorial from certain commissioners,
appointed.by an.act of the General Assembly to organize Powell county,
praying to be indemnified for ceriain moneys expended, costs paidr and
services rendered^..in performing.the,duties required by said act of. As-
seinbly.
Which being read,
On motion of Mr. Foster,
The Senate adjourned until to-morrow morning, 9 o'clock..
FRIDAY, November 2G, 1841.
Mr. .Laughlin submitted .the following: - ,
■Resolved by the .General-Assembly of the StaFe of Tennessee, That his
Excellency, the Governor be, and he is hereby directed to transmit
to the President of the Senate and Speaker of the Mouse of Repre-
sentatives in-Congress, copies of the memorial of this General Assem-
bly, adopted,on the 25th November, 1841, covering copies of the re-
solutions therein referred to, on the subject of the claims ,oficertain vol-
unieers from 4his State, for horses and other property lost in the pend-
ing Indian war in Florida. j
Which being read, -
On morion of Mr. Laughlin,
The rule requiring resolutions 4o lie over for one day was suspended,
and said resolution.adopted. s f ' ,
Orderedi That the clerk acquaint the House of Representatives
therewith.
Air, Laughlin introduced
A bill for the relief of James Bradford.
, Which was read a first time and passed.
On motion of Air. Foster,
Said bill was referred to the Committee on Claims<
. Mr. Turney introduced ,
A bill to prevent allowances, and to fix permanently the ' fees of the
Clerks of the several Courts in this State. ' •
Was read a first time and passed. ■
Mr. Foster returned a bill, by him withdrawn for amendment, con-
cerning Clerk's fees in certain cases, .witho ^amendment, a -
Which bill, on motion of Mr. Foster, ,
Was laid on the table. ...
The Senate, on motion of Mr. Hardwicke, took up the consideration
of a resolution by'him submitted on yesterday, directory to tire,-' Branch
Ihmk of Tennessee, at Clarksvillc, relating to the by-laws and internal
regulations of said Branch Bank, and concerning borrowers and deal-
rrs-at said Bank, that said Branch Bank report to the Senate a copy of
• ihe by-laws, and internal regulations, touching discounts, and renewal'
nf not. es, at s id Bank, the number of .discount days in each week, and'
whether the Board meets regularly on said disccunt days, or other-
wise, &c.
Which Kf-ing
Was adopt^O.
256
JOURNAL OF
A message from the House of Representatives, hy .VIr. Mitchell,
their clerk :
Ma. Speaker: The House of Representatives have taken up and
read a memorial of citizens of the Slate of Tennessee, residing on the
Forked Deer river, praying an act of incorporation and appropriation
to be made by the State, to improve the navigation of said river, which
I am directed to transmit to the Senate, i
The Speaker of the House of Representatives did this day sign an
enrolled act to appoint Commissioners on Bark's Turnpike road, lead-
ing from, Sparta to the Crab Orchard.
And then he withdrew.
Whereupon the Speaker of the Senate signed said enrolled act, and
■ordered the same/to be deposited in the office of the Secretary of
State.
The Senate, 011 motion of Mr! Turney, took up the consideration of
•"a bill to authorise the Bank of Tennessee and Branches, to renew all
notes of two hundred dollars and under, by calling len per cent, semi-
annually*'1'
Mr. Martin offered an amendment to said bill, by striking out the
words in said bill and caption, "semi-annually," and insert in lieu
thereof, •'Tour months."
Which amendment offered by Mr. Martin, being considered of, and
the sense qf' the Senate therein had,
Was rejected.
Mr. Foster offered to amend said bill by inserting therein, after the
words "by calling ten per cent." the words "when the Said note shall
fall due."
Said amendment being read,
And the sense of the Senate thereon had,
Was adopted—ayes 13—-nays 11.
The ayes and nays being demanded by Mr. Turney,
Those who Voted in the affirmative were,
Messrs. Ashe, Bradbury, Foster, Frey, Jennings, Laughlin, Ledbet-
ter, Martin, Motley, Peyton, Sevier, Warner, and Williams— 13.
Those who voted in the negative were,
Messrs. Gardner, Hardwicke, Johnson, Maclin, Matthews, Miller,
Nelson, Powell^ Ross, Waterhouse, and Mr Speaker Turney—11.
So said amendment was adopted.
Mr. Ledbetter moved to amend said bill by inserting therein, after
the words "when the said note shall fall due,"1 the words "on the oii-
ednal'sum borrowed."
Which amendment being read,
And the sense of the Senate thereon had,
Was adopted—ayes 16—nays 8.
The ayes and nays being demanded b) Mr* Turney,
Those who voted in the affirmative were,
Messrs. Bradbury, Foster, Fiey, Gardner, Hardwicke, Jmjniitas
L Highlit], Lr-dbetter, Motley, c,.. Almruu Vt"^-
liarrs, and Mr. Speaker Tur >ev—I6y
THE SENATE.
Messrs. Johnson, Maclin, Martin, Matthews, Miller, Nelson, Ross,
and Waterhouse—8.
So said amendment was adopted.
Mr. Foster offered the following amendment:
uAnd provided nothing in this act shall be so construed as to compel
said Rank to renew any note below one hundred dollars."
Which being read,
Mr. Foster afterwards withdrew said amendment.
Mr. Laughlin moved to amend the caption of said bill by striking out
the words u semi-annually."
Which motion prevailing,
Said amendment was adopted.
Mr. Jennings moved to amend said bill by adding thereto, after the
words " in the said Bank or any of the branches," the lollowing words :
a and provided this act shall not be so construed as to apply to notes
originally over two hundred dollars, but which may have been reduced
by renewals below that sum."
And said amendment being read, and the sense of the Senate thereon
had, said amendment was adopted.
And said bill, as amended, was read a third and last time.
The question recurred Upon the passage of said bill, which being had,
was determined in the affirmative—ayes 14, nays 9.
The ayes and nays being demanded by Mr.'Ledbetter,
Those who voted in the affirmative were:
Messrs. Foster, Frey, Gardner, Ilardwicke, Johnson, Laughlin, Mac-
lin, Matthews, Miller, Nelson, Ross, Waterhouse, Warner, and Mr,
Speaker Tu-rney—14.
Those who voted in the negative were :
Messrs. Ashe, Bradbury, Jennings, Lodbetter, Martin, Motley, Pey-
ton, Sevier, and Williams—9.
So said bill was passed upon its third and last reading, a-'id ordered
to be engrossed, and transmitted to the House of Representatives.
.On motion of Mr. Laughlin,
The Senate adjourned until 2 o'clock, P. M,
EVENING SESSION,
Sir. Foster introduced
A bill to amend the act of 1S35, chapter 75;
Which was read a first time and passed.
The Senate took up the further consideration of a message from t1 c
House of Representatives, transmitting the memorial of Commissioners
appointed by an aetof the General Assembly of the State of Tennessee,
to organize Powell county, praying the Legislatuie to pass a la or to re-
fund to said Commissioners cermin sums cf money paid and advancr d by
faid Commissioners in discharge of the duties imposed upon them by
said act, which was considered, when,
On motion of Mr. Johnson,
Said memorial was referred to the Committee on new Coim'ies and
County line*.
19
:258
JOURNAL OF
The Senate took up the consideration of
A bill to encourage literature and scientific associations.
And on rriotion of Mr. Foster,
Said bill was laid on the table.
The Senate took up the consideration of
A bill to change the venue in civil causes in certain cases..
Which bill was read a second time and passed.
The Senate took up the consideration of
A bill to prevent indictments or presentments.
Which bill was read a second time and passed.
Mr. Turney introduced
A bill to regulate the practice of shaving or purchasing notes, and to
make it indictable to purchase or shave notes at a greater discount to
twelve and one half per cent. •
Which bill was read a first time and passed. .
The Senate took up the consideration of a message from the House of
Representatives, transmitting a .memorial from sundry citizens of the
State of Tennessee, residing on the Forked Deer River; praying an act
of incorporation for the improvement of the navigation of said river.
Which being read, was, .
On motion of Mr. Ashe,
Referred to the Committee on Internal Improvement.
The Senate took up the consideration of a message from the House of
Representatives, transmi'tting a resolution adopted by the House of Re-
\ presentafives, directory to the Committee on Banks, to investigate the
subject of the .petition of Edward V/; Dale's securities, and to report on
1\e subject matter thereof, and to investigate the conduct of the directors
of\the Branch Bank of Tennessee, at Columbia. , .
Which being read,
hit Matthews moved to amend said resolution by striking out all mat-
ters therein relating lo the directors of said Branch Bank.
Mr. Mart in moved to lay said message and proposed amendment o:
the tablehi
Which luotion prevailing,
Said message aud proposed amendment was laid on the table.
On motion\f It] r. Hardwicke,
The Senate\djourned until to-morrow morning, 9 o'clock.
SATURDAY, November 27, 1841.
Mr. Waterhouse presented .a petition of sundry citizens of Mario:
county, praying that Richard S'horkley be permitted by law to sell byre-
tail spirituous liquors, \pthout paying a tax therefor.
Which being read, ' '
Was ordered to be tran&pitfed to the House of Representatives.
Mr. Warner presented a petition of G3 citizens and voters ofBetfo
county, praying a repeal of the tippling law of 1837-8.
Which being read,
On motion of Mr. Warner,
Was ordered to be transmitted to the House of Representatives.
THE SENATE.
25!)
A message from the House of Representatives, by Mr. Mitchell, their
clerk:
Ma. S^f.akiXr : The House of Representatives have taken up and
considered a petition from sundry citizens of the county of Henry, pray-'
ing the repeal of the actot lh29, chapter 70, which I am directed to
transmit to the Senate.
And then he withdrew.
Mr. Waruer, chairman from the Committee on Claims, to 'whom had
\ eeri referred, u a bill for the relief of the legal representatives of Dan-
id Fox, deceased," report that said committee have had'the same under
consideration, and from an examination of the documents accompanying
the same, deem its provisions just and proper, and that said pension should
he paid, and have directed him to recommend its passage.
And the sense of the Senate being had thereon, said report was con
urred in.
And s&id bill was then read a third and last time, and the question,
u Shall said bill pass?" being had, was determined in-the affirmative-—
ayes 1G—nays 7.
The-ayes and nays being demanded,
The. e who voted in the affirmative were#
Messrs. Ashe, Bradbury, Foster, Jennings, Johnson, Ledbetter, Mao-
h, Martin, Matthews, Peyton, Powell,. Ross, Waterhouse, Warner,
M illiams, and Mr. Speaker Turney—56.
Those who voted in the negative \yere*,
Messrs. Frey, Gardner, Hardwicke, Miller, Motley, Nelson, and Se-
»icr—7.
S6 said bill'was passed upon it& third and last reading.
Was ordered to be engrossed and transmitted t6^the House of Repre-
scltatives,
Mr. Vainer, Chairman frc/a the Committee on Claims, to whom had
been referred '-a bill for the relief of, and to refund to Samuel Ik IJajk-
ett, late Sheriffand tax collector for Rhea county, the sum offprt)-four
lollars aiid forty-nine cents;" reports that said committee have had the
same under consideration, and think its provisions just and proper, and
fiat relief should be Afforded, and have directed him to -recommend it&
passage,
WhereUpon, sairf bill was read a second time and passed.
The Senate, on motion of Mrv Martin^
Tool; up the further consideration o/ a message from the House of
Representatives, being a resolution adopted by the House, director," fo
the Committee on Banks, relative to the petition of the securities of 11.
\V. Dale, late Cashier of the Branch of the Bank of the State of Ten-
nessee at Columbia, and also to'investigate the conduct of the Directory
of said Bank.
Mr. Matthews revived his motipn made on yesterday, to strike out
that part of said resolution refatiqg to the Directory of said Branch
Bank.
Winch motion for striking out being considered by the Fena'u
Was rejected.
The Senate further considering said resolutions, concur therein.
2G0
JOURNAL OF
•Ordered,-Thai the clerk acquaint the House of Representatives
therewith. ^
On motion ofMf. Foster,
The Committee on Education and Common Schools, to whom had
been referred the consideration'of "n bill from the House of Kepresea-
tatives, to amend an <ict enlitled'an act to re-enact and amend an act,
to establish a system of Common Schools in the State of Tennessee,"
passed 28th January,-1840, from the further consideration thereof are
discharged. ' •
Which bill being read,
Mr. Ledbetter offered the following, amendment to said' bill: .
"JSe it enacted, That ai'l School money belonging to trie State of
Tennessee, that now is, or hereafter may come into the hands ot any
-County Trustee for said S'tate, shall remain in said trustees hands un;J
the schools are-'taught.according to law, and ihen the Common School
•Commissioners for each district draw on the said Trustee for the amount
due or may be-coming to said civil district, and the order or orcieis
from saicl Commissioners, shall be a good voucher tor-said County
Trustee, in his settlement-with the.Counly Commissioners. • •
Beit enacted, That the Revenue Commissioners of each county,
shall settle annually the account of-the Trustee with -each school
district. ' ' '
On motion of Mr, Ledbetter, ,
- Said bill with the .amendments offered thereto,, was referred to the ,
Committee-on Education and Common Schools.
The Senate took up the consideration of
A bill to amend the act of 1835, cheptes 75.
Which bill was read a second time and passed.
The Senate took up the consideratio.n of
A bill to. regulate the practice of shaving or purchasing- notes, .and to
make it indictable to purchase or shave a note at'a greater disccunt than
t welve and a half per cent.
On motion of Mr.- Ledbetter,
Said bill was laid on the table. . , ■
The Senate took up the consideration of '
A bill to-provide allowances, and fix permanently the-fees of the
clerk's of the several courts in this State.
>Which being read, ' \ .
. Mr. Ledbetter offered- the following.amendment : \
''The'Clc-rk and Master or Clerk of .the CireuitNjourts or other
persons appointed Commissioners shall be allowed the satne fees upon
1 sales made by Jiirn, as now are allowed by law, to the different sheriffs
for performing the same services. Provided, however, when the mount
of the sale exceeds the sum of- . dollars, Be shall be allowed
1 or cent." '
Which amendment, being read,
On motion of Mr. Ledbetter,
Leave was given him and Mr. Ikey, to withdraw said bill and siaend-
m-vni affixed thereto, for further amendment.'
■ ' hi". Gardner introduced
THE SENATE.
2G1
A bill to amend the act of 1835, chapter 15.
Which bill was read a first time and passed.
Mr. llardwieke in. the chair. . •
The Senate, o.n motion o.f Mr. Turney,
Took up the further consideration of a resolution submitted by Mr.
Turney, on the 28th ultimo, to elect a Senator to the Congress of the
United States, from the State of Tennessee, for six years from the 4th
of March last.
Mr. Johnson moved that the Senate adjourn until Monday morning
next. .
Ami the sense of the Senate being had thereon,
Said motion to adjourn was rejected.
When a.call of the Senate was demanded and had, resulting m Sen-
a tors .present 19—absent 6.
Senators present—Messrs. Ashe, Brad berry, Foster, Frey, Hard-
wlcke, Jennings, Johnson, Led better, Madia, Matthews,. Miller, Mot-
ley, Nelson, Peyton, Powell, lluss, Sevier, .Williams, and Mr. Speaker
Tutney—19..
Senators absent—Messrs. Gardner, Luughlin, Martin, Ileneau, We-
terhouse, and. Warner—6.
The Senator from'Lincoln continued to debate on the subject math r
of taking up the resolution-proposing to elect a Senator lb the Congresr
of the United States.
Mr. Nelson rose to a point of order,
Called Mr. Ross to order, who continued the' debate,.
Mr.' Nelson called on Mr. ITrruwicke in the chair, to restore order
in the Senate. '
Mr. Hardwicke declared , that being called to the chair, and on'/
temporarily presiding, that Senators had been indulged in thus proceed.-
log, and strictly that a motion to take up was-not debatable, )et he
would not change the practice which had prevailed.
Mr. Ledbetter called upon the chair to stop further debate.
Mr. Loss, proceeding in his argument against talking up the -reson-i-
lion.
The chair permitting the argument to progress.
Mr. Ledbetter appealed from the decision given by the chair to toe
Senate, on a point of order, and submitted the following stateme t mi
writing, to wit".
-'The Senator from Rutherford called upon the chair to stop debate
upon the motion to take up the resolution, as being out of order, ami-
contrary to the settled practice of the Senate "
The chair refused to'cul ofrdeb-te upon the question, from which de-
cision the Senator from Rutherford appealed.
Mr. Ledbetter afterwards withdrew his appeal to the Senate, from
the decision of "the chair.
On motion of Mr. Turney,
The Senate adjourned until Monday morning, 9 o'clock.
262
JOURNAL OF
MONDAY, November 29, 1841.
Mr. Powell presented a memorial of 65 citizens of Giles county,
praying that a law be passed, offering a bounty on each bushel of cocoons,
raw sdk, sewing silk, &c. the growth and production of the State of
Tennessee, for five years.
Which being read, was
On motion of Mr. Powell,
Referred to the Committee on Agriculture and Manufactures.
Mr. Gardner presented the petition of sundry citizens of Wcakb
county, praying the enlargement of the corporate limits of said town,
accompanied with
A bill to enlarge the corporate limits ofthe town of Liesden.
Which bill was read a first time and passed.
On motion of Mr. Gardner,
The Senate took up the consideration of a preamble an 1 resohnbn
by him heretofore submitted, appointing Thomas Brown and Hopkins
L. Turney, Senators to the Congress of the United States,- the former
for six years, from the 4th of March last, to succeed the Hoiorable
Alexander Anderson, and the latter to serve out the unexpired term of
the Honorable Felix Grundy, deceased.
Which being read,
Mr. Williams moved to lay .said preamble and resolution on the table.
Mr. Williams moved a call of the Senate, which being had,
Senators present answering, were,
Messrs. Ami-.', Bradbury, Foster, Frey, Gardner, Haidwicke, Jen-
nings, Johnson, Laughlin, Ledbetter, Maclin, Martin. Matthews,
Miller, Motley, Nelson, Powell, Ross, Sevier, Watefhouse, Warren,
Williams, and Mr. Speaker Turney—23.
Senators absent—Messrs. Peyton, and Reneau—2.
Mr. Powell offered the following amendment in lieu of the preamble
and resolution submitted by Mr. Gardner, to wit:
Resolved by the General Jlssembly of the State of Tenncsrce, That
Hopkins L. Turney be, and is hereby chosen a Senator in the Congress
of the United States, to serve out the unexpired term of the Honoiable
Felix Grundy, deceased.
Which was read.
Mr. Ledbetter moved to lay said amendment on the table.
And the question, Shall said amendment be laid on the table? beirr
had, was determined in the negative—ayes 11—nays 12.
The ayes and nays being demanded,
Those who voted in the affirmative were,
Messrs. Ashe, Bradbury, Foster, Frey, Jennings, Ledbetter, Motley
Nelson, Reneau, Sevier, and Williams—11.
Those who voted in the negative were,
Messrs. Gardner, Hardwicke, Johnson, Laughlin, Maclin, Matthews,
Miller, Powell, Ross, Waterhouse, Warner, and Mr. Speaker Tur-
ney—12.
So said motion to lay on the table was rejected.
The Senator from Maury beine-Dresent, and not voting, asked an'*
THE SENATE.
obtained leave to have enrolled upon the journal of the Senate, his rea-
sons therefor.
That he had agreed with, and promised the Honorable Senator from
Sumner, on Saturday last, who had obtained leave of absence to visit
his family, that the Senator from Maury would, on no occasion, vote on
any party question, until the Senator from Sumner was in his seat, and
therefore asked the Senate to excuse him fiom voting upon any question
of that character, which may be considered of by the Senate, until the
return of the Senator from Sumner, who is expected on this day.
And the reasons being considered of, by the Senate, and deemed
proper and sufficient, and the Senator from Maury excused by fhe
unanimous voice of the Senate, for failing to vote upon any question ui
the character aforesaid, according to his agreement, &c.
The question then recurred upon the adoption of the amendment
offered by Mr. Powell, in lieu of the preamble and resolution submitted
by Mr. Gardner.
Mr. Ledbetter offered the following amendment to the amendment
offered by Mr. Powell, to wit:
Resolved, That the Senate meet the House of Representatives in their
Hall, on Wednesday next, the 1st day of December, for the purpose of
electing two Senators to the Congress of the United States, one for six
years, from the 4th of March last; the other to fill the unexpired term of
the Honorable Felix Grundy, deceased.
Which being read,
And the question, Shall the amendment offered by the Senator from
Rutherford, to the amendment offered by the Senator from Carter, in
lieu of the preamble and resolution submitted by the Senator from
Weakly, be adopted? being had, was determined in the negative—ayes
11—nays 12,
The ayes and nays being demanded by Mr. Ledbetter,
Those who voted in the affirmative were,
Messrs. Ashe, Bradbury, Foster, Frey, Jennings, Ledbetter, Motley,
Nelson, Reneau, Sevier, and Vyilliams—11.
Those who voted in the negative v, ere,
Messrs. Gardner, Hnrdwicke, Johnson, Laughlin, Maclin, Matthews,
Miller, Powell, Ross, Waterhouse, Warner, and Mr. Speaker Tinney-—
12.
So said amendment was rejected.
The question then recured upon the adoption of ihe amendment cf-
fered by the Senator from Carter, in lieu of the j r amble and resolution
submitted by the Senator from Weakly, which being Lad, was deter-
mined in the affirmative—ayes 12—nays 11.
The ayes and nays being demanded,
Those who voted in the affirmative were,
Messrs. Gardner, Hardivicke, Johnson, Laughlin, MacTn, Matthews,
Miller, Powell, Ross, Waterhouse, Warner, and Mr. Speaker Tur-
ney—12.
Those who voted in the negative were,
Messrs. Ashe, Bradbury, Foster, Frey, Jennings, Ledbetter, Motley,
Nelson^ Reneau,,Sevier, and Williams—11.
264
JOURNAL OF
So said amendment was adopted in lieu of said preamble and resoh-
tion, submitted by the Senator .from Weakly.
The question then recurred 'upon the adoption of the resolution sub-
mittcd by the Senator from Carter, which being had, was determined
in the affirmative—ayes 12—nays 11.
The ayes and nays being demanded,
Those who voted in the affirmative were,
Messrs. Gardner, Hardwicke, Johnson, Laughlin, Maclin, Matthews,
Miller, Powell, Ross, Waterhouse, Warner, and Mr. Speaker Tut-
.iiey—12.
Those who voted in the negative were,
Messrs. Ashe, Pradbury, Foster, Frey, Jennings, Ledbetter, Motley,
Nelson, Reneati, Sevier, and Williams—11.
So said resolution was adopted.
Ordered, That the clerk acquaint the House of Representatives there-
with, and ask their concurrence therein.
Mr. ilardwickein the Chair.
The henate, on motion of Mr. Turnny,
Took up the consideration of a resolution by him submitted on the
2dth uirimd, pioposing that the Senate meet the House of Representa-
lives in the Representative Hall on the day of to elect
a Senator to the Congress of the United States, for six years from the
-Rh of March last
Which beting read,
Mr. Turney .asked and obtained leave to fill the blanks in said resolu-
tion with Friday, the 3d of December next, which was accordingly dune,
end said iesolulion \\ as again read.
The question, " Shall said resolution be adopted?" being had, was
defeimincd in the affirmative—ayes 12—nays 00.
The ayes and nays being demanded,
Those who voted in the affirmative were,
Messrs. Ashe, Predbury, Foster, Frey, Jennings, Ledbetter, Motley,
Nelson, Lcneau, Sevier, Williams, and Mr. Speaker Turney—12.
Those who voted in the negative—none.
There being 12 Senators in their seats who were called, but declined
ve'mg.
Whereupon, Mr. Hardwicke in the Chair, announced that said resolu-
tion was adopted.
From which decision the'Senator from Warren appealed to ihe Sen-
ate.
Mr. Ledbetter submitted the following statement, and moved that the
cleik be directed to enter the same on the journal of the Semite.
Which motion prevailed.
Said statement being in writing as follows:
There being twelve affirmative voters the resolution Was adopted—
Messrs. Gardner, Hardwicke, Johnson, Laughlin, .Maclin, Matthews,
Miller, Powell, Warren, and Waterhouse being1 present in their seats,
and refusing to vote for or against the resolution, Mr. Martin being also
present, but was excused from voting on his own motion.
THE SENATE. 2 65
On motion of Mr, Ledbetter,
The Senate adjourned until 2 o'clock, P. M.
evening session.
A message from the House of Representatives, by Mr. Mitchell, their
clerk:
Mr Speaker: Iain directed by'the House ©f Representatives to
re-transmit to the Senate "a bill of the House of Representatives to
change the venue in civil causes in certain cases," in conformity to a re-
quest of the Senate, made through .a message of the Senate to the House
of Representatives.
Also, a petition of certain citizens of Cleaveland, praying that said,
town be incorporated, which was read and considered by the House of
Representatives, and which I am directed to transmit to the Senate.
And then he withdrew.
Mr. Maclin introduced
A bill for the relief of the Lagrange and Memphis Railroad Company.
Which bill was read a first time and passed.
The Senate, on motion of Mr.. Foster, took up the consideration of
A bill from the House of Representatives to increase the jurisdiction
of justices of the peace.
Which was read a third and last time.
Mr. Pevten offered the following amendment to said bill: " Provid* <1
cither party may have a trial by jury, and upon application of either par-
ty, the justice shall issue his summons to the constable, commanding him
instantly to summon twelve competent jurymen, v\ ho shall appearand
shall be paid the allowance uow allowed by law to jurymen, which, shall
be taxed in the bill of cost."
h hich being read, the question then recurred upon the adoption of
said amendment, which was determined in the negative—syes 2—nav»
23
The ayes and nays being demanded,
't hose who voted in the allii nmtive were,
Messrs. Peyton and Mr. Speaker Tunvv.
Those who voted in the negative wdre,
Messrs. Ashe, Bradbury, Foster, Prev, Gardner, Ilardwirke. Jen-
nings, Johtiwoa, Laughlin, Ledbetter, Maeliu, Martin, Matthews, Miller,
Motley, Nelson, Powell, Reuenu, Ross, Sevier, WaterUouse, .Vainer,
and Williams. '
So said amendment was rejected.
Mr. Warner thereupon otfered the following amendment to said bill ;
Sec. 2. JJc it eti(t>'fsd, That the provisions of this act shall only rx-
lend to special endorsements, where the demand and notice required by
law shall be expressly waved by the terms of the endorsement.
Which being read, and the sense • of the Senate thereon had, was
adopted.
Mr. Peyton offered the following amendment to said hill:
"Sec. — That in all cases where, judgment-may he rendered against
the endorser, and not against the make:, it shall be lawful for the justice.
2§6
JOURNAL OF
on motion, to render judgment in favor of the endorser against the maker?
in the same manner and under the same rules that judgments by law are
rendered in favor of the security against the principal."
Which being read, 1 lie question recurring upon the adoption of said
amendment, which being had, was determined in the negative—ayes 12,
nays 13.
The ayes and nays being demanded,
Those who voted in the aiiirmative were,
Messrs. Ashe, Foster, Frey, Gardner, Hardwicke, Mac ia, Martin,
Nelson, Peyton, Powell, Reneau, and Mr. Speaker Turney.
Those who voted in the negative were,
Messrs. Bradbury, Jennings, Johnson, Laughlin, Ledbetter, Matthews,
Miller, Motley, Ross, Sevier, Wateihouse, Warner, and Williams,
So said amendment was rejected,
Mr. Turney offered the following amendment to said bill:
Be itcti'uteJ, That hereafter the several justices of the peace in this
State shall have jurisdiction of all "sums not exceeding five hundred do!-
lars, when the same is due by note or other writing for money, signed
by the party charged, or against whom judgment shall be rendered."
Which being rt ad,
Mr. Ledbetter moved to lay said amendment on the table.
And thereupon the question was had and determined in the negative—
ayes 12, nay s 13.
The ayes and nays being demanded,
Those who vote J i.i the aiiirmative were,
Messrs. Bradbury, Fiey, Gardner, Hardwicke, Jennings, Ledbetter,
Miller, Powell, Reneau, Ross, Sevier, and Warner.
Those who voted in the negative were,
Messrs. Ashe, Foster, Johnson, Laughlin, Maclin, Martin, Matthews,
Motley, Nelson, Peyton, Waterhouse, Williams, and Mr. Speaker Tur-
ney.
So said motion was rejected.
Mr. Warner moved to »tnke out all that part of the amendment of-
fereu by Mr. Turney afterlbe word "note."
Which motion Mr. Warner afterwards withdrew.
Mr. Maitin moved to ^rike out of the amendment offered By Mr. Tur-
ney the words "not exceeding five hundred dollars."
And thereupon, tlt,e question upon said amendment was had, and de-
termined in the negative—ayes 11, nays 14.
The. ayes and nays being demanded,
Those who voted in the affirmative were,
^ Messrs. Foster, Frey, Gardner, Johnson, Laughlin, Maclin, Martin,
Nelson, Peyton, Reneau, and Williams.
Thot-e who voted in the negative were,
Messrs. Ashe, B ndburv, liatdwieke, Jennings, Ledbetter, Matthews,
i'der, Motley, Powell, Ross, Sevier, Waterhouse, Warner, and Mr.
Speaker Turney.
So said amendment was rejected.
Mr. Martin moved to amend said amendment offered by Mr. Turner,
THE SENATE.
2.67
by striking out the words " five hundred dollars," and inssrting" in lieu
thereof " two thousand dollars."
And thereupon, the question upon said amendment being had, was de-
feerminfjd in the negative—ayes 10, nays 15.
The ayes and nays being demanded,
Th(jse who voted in the affirmative' were,
MeSsrs. Foster, Frey, Gardner, Johnson, Laughlin, Maclhi, Martin,
Nelson, Reneau, and Sevier.
Those who voted in the negative were,
Messrs.- Ashe, Bradbury, Hardwieke, Jennings, Ledbetter* Matthews,
Mil/er, Motley, Peyton, Powellj Ross, Waterhouse, Warner,. Williams,
and Mr. Speaker Turney.
So said amendment was rejected.
The question then recurred npon the adoption of the amendment of-
fered by Mr Turney, which was had, and determined in the negative—
ayes 12, nays 13.
The ayes and nays being* demanded,
Those who voted in the affirmative were,
Messrs. Foster, Frey, Hard .vieke, Johnson, Laughlin, Maclin, Mat-
thews, Motley, Reneau, Williams, and Mr. Speaker Turney.
Those who voted in the negative were, .
Messrs. Ashe,-Bradbury, Gardner, Jennings, Ledbetter, Martin, Mil-
Ier, Nelson, Peyton, Powell, Ross, Sevier and Warner.
So said amendment was rejected.
The question then recurred upon the passage of said bill* which being
bad, was determined in the 'negative.
The ayes and nays being demanded,
Those who voted in the affirmative were,
Messrs. Bradbury, Gardner, Hardwieke, Johnson, Laughlin, Ledbet-
ter, Matthews, Miller, Motley, Waterhouse, Warner, and Williams.
Those who voted in the negative were,
Messrs. Ashe, Foster, Frey, Jennings, Maclin, Martin, Nelson, Pey-
ton, Powell, Reneau, Ross, Sevier, and Mr. Speaker Turney.
So said bill was rejected.
Ordered, That the clerk transmit said bill to the. House of Repiesen-
tatives, and acquaint the Blouse with the rejection thereof.
Mr. Turney moved a re-consideration of the vote rejecting said bill.
Which motion prevailed.
The Senate further considering said bill—the question recurring on
the passage of said bill, \yas had, and determined in the negative—ayes
12, nays 13.
The ayes and nays being damanded,
Those who voted in the affirmative were,
Messrs'. Bradbury, Hardwieke, Johnson, Laughlin, Ledbetter, Mat-
thews, Miller, Motley, Waterhouse, Warner, Williams, and Mr. Speak-
er Tuvney.
Those who voted in the negative were,
Messrs. Ashe, Foster, Frey, Gardner, Jennings, Maclin, Martin, Nel-
son, Peyton, Powell, Reneau, Ross, and Sevier.
So'said bill was rejected.
268
JOURNAL -OF.
Ordered, That the clevk acquaint the House ©^Representatives there-
with. ' , '•1
On motion of Mr. Foster,
The Senate adjourned until to-morrow morning, 9 o'clock.
TUESDAY, November'.30, 1841. 1
Mr. Hardvvicke returned a bill by him withdrawn for amer.dmenyo
divide the Slate into-Senatorial and Representative Districts, under the
enumeration of 1841, with an amendment in lieu of the whole bill.
Which being read, was adopted.
The question recurred upon the .passage of sa'd bill, upon its first
reading, was determined in the affirmative—ayes 13, nays 11.
The ayes and nays being demanded by Mr. Nelson,
Those who voted tin the affirmative were,
Messrs. Gardner, Hardwicke, John-son, Laughlin, Maclisp Martin,
Matthews, Miller, Powell, Ross, Waterhouse, Warner, and Mr. Speak-
er Turney. - *
Those who vofdd in. the negative were,
. Messrs. As|ie, .Bradbury, .Foster, Frcjg Jennings, Ledbetter,. Motley,
Nelson, Peyton, Sevier, and Wiiliams. ' .
So said bill was passed upon its first reading.
The Senate, on motion-of Mr. Laughlin, took up the consideration of
.A bid to remove.the seat of government from. Nashville. •
Which being read, • • .
' Mr. Laughlin moved to amend said bill., by striking out the words
session of the," occurring in said hill after the words "whenibe
present,"-and insert in lieu thereof the words "the next regular and
stated session shall'
Which amendment being considered by the Senate, was adopted.
Sir. Martin moved to'amend said bill, by adding thereto the following:
"ami that the 7th section of the act passed February 1st, 1840, making
Nashville the seal of government, is hereby repealed."
And the sense of the Senate being had thereon, said amendment was
adopted. ' - -
And on motion of Mr. Martin,
Said bill and amendments was laid on the taMe..
The Senate, on motion of Mr. Powell, took up the consideration of
A bill from the House of Representatives, giving further time for niak-
ing surveys and obtaining grants on entries heretofore made.
Which was teacl,
When Mr, Johnson offered the following amendment, to wit: "And
also upon-all platts and certificates of survey heretofore made, and upon
which grants may not have been issued."
Which being read, and the sense of the Senate thereon had, said-amend-
rnent was adopted. '
Mr. Tufncy pilfered the following" amendment: " Provided this act'
shall not affect vested rights"
Which being read and considered by the Senate, was rejected.
Mr. Laughlin moved the following amendment: " Provided, that no
THE SENATE.
2m
Surveyor si all be-authorized to survey any lands previously surveyed
and granted, shall be void."
And thessnse of the Senate being had thereon, said amendment was
rejected.
Said bill was read a third'and last time..
The question then recurred upon the passage of said bill, which was
had, and determined in the affirmative—ayes 20—nays 1.
The ayes aid nays being demanded,
Those who voted in the affirmative were,
Messrs. Bndbury, Foster, Frey. Gardner, Hardvvicke, Jennings,
Johnson, Laugdm, lYIaclin, Martin, Matthews, Miller, Nelson,.Powell,
Ross, Sevier, Vatevhouse, Warner, Williams, and Mr. Speaker Turney.
Mr. Motley voting, in the negative. *
The Senate took up the consideration-of
A bill to prevent allowances, and to fix permanently, the fee of' clerks
of the several ccurts in this State.
Which was read,
And on motioc of Mr. Ledbelter,
Laid on the taUe.
The Senate took up'the consideration of
A bill to enlarge ihe corporation limits of the town of. Dresden..
Which was reac a second time and passed.
The Senate took up the consideration of
A bill to amend the act of 1835, chapter' 15.
Which was read a second time and passed.
The Senate took up the consideration of
A bid for the relief of the Lagrange and Memphis Rail Road Cam-
■pory. _ ^
Winch was read a second tune and passed.'
Mr. Maclin introduced
A bill for the .appointment of trustees in certain cases.
Which was read a first time and passed.
Vlr. Maclin introduced
A bill to dispose of the vacant, unappropriated and rehised■ land
within the State of Tennessee, lying South and West of the Congress-
Innnlline, in conformity with the-act of Congress, chapter 6., approved
Xkhruary IS, 1840.
Which was read, and
On motion of Mr. Maclin,
Was referred to the Committee on Public Lands.
The Senate took up the consideration cf
A bill to amend the act of 1835', chapter 75.
Which was read a third and last time, and the question," Shall said
bill pass? ' was ligd, and determined in the'affirmative—ayes 22—nays
none.
The affirmative voters were,
Messrs Ashe, Bradbury, Foster, Frey, Gardner, Ilardvu'eke,Jennings
Johnson, Laughlim, Ledbelter, Madin, Matthews., Milter, Motley, Nel~
son, Peyton, Boss-, Seviei, Wateihouse, Warner, Williams, and Mr.
Spea'''w Ternrr—qj."
JOURNAL OF
Nay?—none.
So said bill was passed upon its third and last reading and was or-
dered to be engrossed and transmitted to the House of Representatives
A message from the House of Representatives, by Mr. Mitchell,
their eh rk.
Mn. Speakeu: The Speaker of the House of Representatives did
Ihis day sign an enrolled act entitled " an act for the ie$ef of the legal
representatives of Daniel Fox, deceased."
And then he withdrew.
Whereupon, the Speaker of the Senate signed said Enrolled act, and
i rdered it to lie deposited in the office of the Secretary of State.
The Senate took up the consideration of
A bill to prevent indictments and resentments in (rertain cases.11
Which being read,
Mr. Turney offered the following amendment :
' P, (iriied, he does not otherwise misbehave him^lf."
Mr. Gar Iner offered the .following amendment to said amendment,
u by turb ilent, vulgar, disorderly or quarrelsome ccfrjduct, constituting
himself a public nuisance. Provided, that in no cise shall unpresent-
i. cnt fr mi any part of the punishment of the offencp of drunkenness.11
Mr. Turney asked and obtained leave to withdraw his amendment.
Mr. Warner moved the following amendment:
Pr td, he or they commit no other offence against the law."
WhAli being'read and considered, was adopted.
Mr. R ss moved to strikeout alHhat part of tl/e bill after the woul,
u drunl ( mess."
Which being consideied, and the sense of th|b Senate thereon had,
s,iid amendment was rejected.
^aul hill as amended, was read a third and la)st tim-e, and the ques-
ti >n, " hall said bill pass ?" was had, and determined in the affirmn-
tive—ay s 22—nays 2.
The ayes and nays being demanded,
The affirmative voters were,
Ivlessts. Ashe, Bradbury, Frey, Gardner, Ilardwicke, Jennings,
Johnson, Laughlin, Ledbetter, Maclin, Martin) Matthews, Miller, Mot-
ley, Neffim, Peyton, Powell, Sevier, Waterhdmse, Warner, "Williams,
rind Mr. Speaker Turney—22. -
The negative voters were,
Messr. Foster and Ross—2.
So saU bill passed on its third and last reading, was ordered to be
murosscd and transmitted to the House of Representatives.
<*n motion of Mr. Warner,
The Senate adjourned until 2 o'clock, P. M.
evening session.
Mr. Gaidner introduced
A bill to amend the act of 1831, chapter 52, and the act of 1827,
hapter 4fh
Which was read a first time qnd passed.
THE SENATE.
271
The Senate took up the consideration of
A bill for the relief of, and to refund to Samuel It. Ilaekett, late
sheriff and tax collector for Rhea county, the sum of oily-four dollars
and fifty-nine cents.
Which was read a third and last time, and the question, u Shall said
bill pass ?" was had, and determined in the atthinative—ayes 18—nays
—4.
The ayes and nays being demanded,
The affirmative votes were,
Messrs. Ashe, Gardner, Hardwicke, Jennings, Johnson, Laughlin,
Ledbetter, Maclin, Martin, Matthews, Miller, Peyton, iJo\veli, Ross,
Sevier, Waterhouse, Warner, Williams, and Mr. Speaker Turney —It).
. The negative voters were,
Messrs. Bradbury, Frey, Motley, and Nelson—4.
So said bill was passed upon its third and last'reading, was ordered
to be engrossed and. transmitted to the House of Representatives.
The Senate took up the consideration of .
A bill to change the venue in civil suits in certain cases."
Which being read,
Mr. Foster moved to amend said bill, by inserting therein after the
words u it shall be the duty of such judge or chanct'llor," the following
words, u upon the application of either party."
And the sense of the Senate being had thereon, said amendment was
adopted.
Said bill as amended, was read a third and last time, a id the ques-
tion, " Shall said blllpass4?" being had,was determine m the affirm a-
tive—ayes 23—nays 1.
The ayes and nays being demanded,
The affirmative voters were,
Messrs. Ashe, Bradbury, Foster, Frey, Gardner. Hardwicke, Jen-
nings, Johnson, Laughlin, Ledbetter, Maclin, Mai tin, Matthews, Mil
ler. Motley, Peyton, Powell, Ross, Sevier, Wateihouse, Warner, Wil-
liams, and Mr. Speaker Turney—23.
Mr. Nelson voting in the affirmative.
So said bill was passed upon its third and last read ng, was ordered
to bp engrossed and transmitted to the House of Representatives.
Thi Senate took up the consideration of
A bill directory to clerks, witnesses, and suitors, and to amend the
h.w relative to witnesses attendance.
Mr. Ledbetter moved to amend said bill, by striking out the follow-
in g:
Sec. 7. Be it-enacted, That after the reading of the court minutes
each morning, the clerk shall also read the probate of witnesses made
the p eaeding day, and if either party shall object to any portion so
maa, exception shall be then, or during the same term taken, arid the
ciurt shall decide upon the same instanter, or on good cause shown
may defer such decision until the next court, but execution may issue
tor the residue of the costs not excepted to, and exceptions so taken
shall be in writing, therein stating the name of the witness or witnesses
excepted to, and the grounds of the exception.
272
JOURNAL OF
And said amendment being read, and lbs sense of the Senate there-
upon had, said amendment was rejected.
Said bill was read a third and last time; arid the question recurring
upon the passage of said bill was had, and determined in the afhrma-
time—ayes 19—nays 4.
The ayes and nays being demanded.
Those who voted in the affirmative were,
Messrs. Ashe, Bradbury, Foster, Frey, Gardner, 'Hardwicke, Jen-
ntngs, Johnson, Laughlin, Maelin, Martin, Miller, Peyton, Pcwelj,
Rrs", Sevier, Waterhouse, Warner, and Williams—19.
Those who voted in the negative were,
Messrs. Ledbetter, Matthews, Nelson, and i\Ir. Speaker Turney—4
So said bill was passed upon its third and last reading, and was or-
tiered to be engrossed and transmitted to the House of Representatives.
Mr. Foster returned "a bill by him withdrawn for amendment, con-
cerning clerk's fees in certain cases," without amendment.
The question then recurred upon the adoption of the amendment ot-
Ihred by Mr. Gardner, when,
On motion of Mr. Foster,
Su;d bill was laid on the table.
Mr. Warner moved that the Senate re-consider the vote op the vole,
on the passage, on its third and last reading of a bill to change the
venue in civil suits, in certain cases.
On motion of Mr. Martin,
The Senate adjourned until to-morrow morning, 9 o'clock.
WEDNESDAY, December 1, 1841.
Mr. Powell introduced
A bill concerning dams in Kolston river.
Was read a first time and passed.
Mr. Laughlin introduced
A bill to alter and make certain, the lines between Wilson, Cannon,
mil De Kalb counties.
Was read a first time and passed.
On motion of Mr. Laughlin.
Said bill was referred to the Committee on New Counties and County
Lines.
Mr. Waterhouse introduced
A biil for the payment of Jailors fees in certain cases.
Wcsread a first time and passed.
Mr. Speaker Turnt-y presented a petition from sundry citizens of
Lawrence county, praying the passage of a law changing drill musters,
md for other purposes.
Which being read,
On motion of Mr. Matthews,
Wa,s referred to the Committee on Mili'nry J.fai.?.
The Senate took up the consideration cf
A bill to amend the act < f 18-35, chapter Id.
Which was read, when
TOE SENATE.
273
Mr. Warner offered the following amendment:
viProvU&J, That notivng herein contained, shall he 50 construed as
to Miect the rights and interest ol'ftmes covert or executors."
Mr. Gardner ottered the following amendment to the amendment 0i-
iued by Mr. Warner,
Which Mr. Warner accepted.
u Who were, such at the time of the sale, and provided, that they
shall have three years in which to sue, after the removal of the disabil-
ilv of coverture or minority."
Mr. Turney 0 fried the following amendment in lieu of the amend*
mant oliere.l l»y Mr. Warner:
Section 7. Bi it ena:tcd, That all sales of land made under the
provi dc. ns of this act and the other acts of the Assembly for the taxes,
shall be good to pass the title to the purchaser, to all intents and pur*
poses.
Sec. 8. £2 it em:-ted7 That before the sheriff of any county shall
^ell any hinds fir the taxes, it sh ill he his duty to summons two free-
holders, who sha'l val le the land, and the sheiilTshall state in • his ad-
\ertisement the value, thereof, as fixed by the valuers, and before the
title shall ve.tin the puiehaser, lie shall, at the expiration of the
time for re lemption, pay into the hands of the Treasurer of the State,
fir the use of the owner of the had, one thiid of the value thereof',
\shich shall he paid to the owner upon application.
Which be rig read,
The que-uion recurred upon the adoption of the amendment offered
by Mr. vVarner, was had, and determined in the allirmative—ayes 14
nays 9.
The ayes and nays being demanded,
Those who voted in the ailirmativc were,
Messrs. Gar luer, Hirdwicke, Johnson, Laughlin, Ledbetter, Moclin,
Martin, Mitthews, Miller, Powell, Ross, Sevier, \Vaterhouse, and
W arner-M4.
Those who voted in the negative were,
* Messrs. Ashe, Bradbury, Frey, Jennings, Motley, Nelson, Peyton,
Williams, an 1 M\ Speiker Turney—9.
.So s lid amendment was adopted.
The question then recnireu upon the adoption of the amendment of-
feied by Mr. Turney, in lieu of the amendment ode red by Mr. Warner,
and thereupon Was Lad, and determined in the negative—ayes 8—
nays 14.
The ayes and n pys being demanded,
Those who vnied in the afiiimitive were,
Messrs. Ashe, Jennings, Jo.inson, Nelson, Peyton, Ross, Williams
and Mr. Speaker Turney—8.
Those who Voted in the negative were,
Messrs. Bradbury, Frey, Gerdrer, HimKviebe, Lnughlin, Maeiin,
Mar in, M ii hews, Miller, Motley, Powell, Sevier, Waterhcu e, and
W uner— I 4.
>Sn said amendment was rejected.
Mr. Gardner moved th.> foiicuv:ng amendment, to v;*t:
274 '
JOURNAL OF
Sec-. 7. Z?c it enacted, That from and after the passage of this art
all sates of land for the non-payment of taxes on said land, shall be
valued.
Provided, That in the notice of sale the No. of grant or entry, of
acres of surveyor's district, of range, and section and the name of the
person.to whom granted, be given ; the land to be subject to redemp-
t-icn, as by th.e laws of this State as at present.
, Which being read,
And the sense of the Senate therpon had,
Said amendment was adopted.
On motion of Mr. Gardner,
. Said bill was referred to the Committee on the Judiciary. .
;The Senate took up the consideration of the'memorial of the Pred-
deal and Directors of the Hiwassee Rail Road Company, which was,
On motion of Mr. Miller,
Referred to the Committee on Internal Improvement.
The Senate, on motion of Mr. Laughlin,
'look up the consideration of a motion to re-consider the vote reject-
A bill from the House of Representatives, to change the venue is
civil causes, in certain cases.
Which bill was, upon its second readingjn the Senate, rejected,and
iransmit'ed to the House ot Representatives.
A ud. afterwards a special message fro in the Senate to the House of
Representatives, requesting the re-transmission «.f said bill to the Se-
jiute, was transmitted.
Which bill in accordance to the message of the s Senate, was re-
nans milted by a message from the House oi Representatives this day.
And the sense of the Senate being thoreon had,
Siiid motion to re-consider the vote rejecting said bill prevailed. .
The Senate took up the consideration of
A bill from the House of Representatives, to change the venue n
-civil causes in certain cases..
Which bill was read a second time and passed.
Th.e Senate took up the consideration of
\ bill to extend the. corporate limits of the town of Dresden.
■ "Which Avas read a third and last time,
And the question, Shall said bill pass? was had', and determined 1*
1 :.■>'* affirm alive. /
So said bill was passed on its third and last-reading, and was ordered
ho engrossed, and transmitted to the House of Representatives^
'The Senate took up the consideration o(
\ bill for the relief of the Lagrange and Memphis Rail Urrid .Com-
) "'nv- .. , '
W h.eh was read a third and last tufne.
And the question', Shall said bill pass? was had, and determined i«
the affirmative.
.And so said bill was .passed upon i's third and last reading, rnrl or-
dm- d to be engrossed, ami ir admitted to the Mouse of Reprm-a-'v
t.\ ff.
THE SENATE.
275
The Senate took up the consideration of
A bill to divide the State into Senntoiial and Representative districts.
Mr. Foster moved that fifty copies be printed for the use of the
Senate.
Which motion prevailed, and
On motion of Mr. Foster,
Said bill was laid on the table.
Mr. Warner asked and obtained lemeto withdraw his motion, made
on yesterday, to re-consider the vote of the Senate upon the third and
last reading of "a bill to change the venue in civil suits, in certain
t uses.'1
Which motion tore-consider said vote was accordingly withdrawn.
On motion of Mr. Nelson,
The Senate adjourned until 2 o'clock, P. M.
evening. session.
The Senate, on motion of Mr. Laughlin,
Took up the consideration of an appeal to the Senate, taken from the
decision of Mr. Hardwicke in the chair, announcing the adoption of a
resolution submitted by Mr. Turney, proposing that the Seriate meet
the House of Representatives in their llall, on Friday, the 3d Decern-
her, 1841, for the purpose of electing a Senator to the Congress of the.
Uniled States, for six years, from the 4th of March last.
Which appeal taken by Mr. Laughlin from the decision of the chair
being amended,
And the sense of the Senate thereon had, was sustained,
And said resolution rejected.
A message from the House of Representatives, by Mr. Mitchell, their
clerk:
Mr. Speaker : The House of Representatives have taken up and
read a third and last time, and passed the following bills, to wit;
A bill to refund to White county the fines and forfeitures wrongfully
paid to the Treasurer of the State.
ALo, A bill to authorise the establishing of ferries on the Mississippi
river.
Also, A bill to provide for the election of the town constable for the
town of Jackson, by the qualified voters of said to\vn.
Also, A bill to authorise Chancellors to appoint special terras f„,r
holding Chancery Courts,
Which bills I am directed to transmit to the Senate, and ask thci*
c o n r' u ive u c e t h e re i n.
The House of Representatives have taken up and considered, tf,.
solution of the Senate, appointing Hopkins L. Turney a Senator ;n
the Congress of the United States, to serve, out the unexpired Term < f
the Kmorahle Felix Glumly, deceased.
In wb ieh resolution the House of Representative'' non-concur.
And then he withdrew.
The Senate, on motion.of Mr. Turney,
Took up the following resolution, submitted Mr, Turney, on [he
nOc:.Rr-. StH:.
• m , ^ . JOtRNAL OF ' "
Resolved' by the' General' Jisseinbly^of the- 'Sta'e of Ttnn'eesee, That
'the Senate meet the House of llepresentativcs in their' Hall," 011 the
day of , '■ ' to elect a Senator to the Congress of the United States,
, to till thelunexpired term of the Honorable Felix Grundy, deceased..
Mr, Turney. asked knd obtained leave to fill the blanks in said reso-
•' Iutioh With "Friday, the 3d day of December, 1841. . , ,.
Which'was accordingly do,ne. .
" . v, Mr. Turney moved the following, amendment to said resolution:
, -'I^csolved further. That the Senate meet the House ' of Represent?,-
tives on Thursday, the second day of December, 1841, to elect a Sena-
tor in the Congress of the United States, for six years, to succeed the
-; ilonorable Alexander Anderson, from the 4th of March last. '
Vyhich amendment being read,
'The question, Shall said .amendment be adopted ? being had, wasde-
' J.erinined' in the affirmative—rayes 13—nays 12. , ■ _
'.The ayes and nays being demanded, y
-Those vrho voted.in the affirmative'were,
. Messrs. Ashe,'Bradbury, Foster, Frey, Jennings, Ledbetter,,Motley ^
*'Kelson, Peyton, Reneau, Sevier, Williams, and Mr. ^Speaker Tur-
hey"—13. • '
Those who voted in the negative wer?, • . ' 1
• .Messrs'. Gardner, Hardwicke, Johnson, Laughlin, Mae'Ih,* Matthews,
Miller, Powell,; Ross, Waterhouset, and Warner—12. I ■
• So said amendment was adopted. " \
The,question then recurred upon .the adoption of said resolution.
. Which Was had, and determined in the affirmative—ayes 13—nays 12.
. The pyes and nays being demanded, ^
Thos^ who voted in the affirmative were, * .
>. Messrs* Ashe, Bradbury, Foster, Frey,'Jennings, Ledbetter, Motley,
• Nelson, Peyton, Rerieaii, Sevier, Wiliiaras, and Mr. Speaker.Tun
ney—.13.' . ' ~ '
'-Those who voted in the negative were, ' \
■ * Messrs.'Hardwicke, Johnson, Laughlin, Maclin,' Martin, Matthews,
Miller, Powe.ll, Ross, Waterhouse, and Warner—12. '
/' So sard resolution was adopted. , * ' ' '
• Ordered, That the clerk acquaint the House of Representatives there-
with, and ask their concurrence therein. " - " '•
1 A message from the House of Representatives, by'Mh Mitchell, their
clerk :'' ^ ' ' ' • . ' * " ■ *
• Mil.^Speaker : The House of Representatives have taken up and
ConsidXed the two amendments of Hie "Senate', to the bill fn.m the
House of Representatives, "giving, further time for making surveyt
an.d obtaining grants on entries heretofore, made-,"
\ And the House.of Representatives concur jn the second amendment,
and non-concur in the.f.rSUamendmenl of the Senate to said bill. v
'• And then he withdrew. , , 1 ( 1 '
• The-Semite, on uiotion of Mr. Gardner, ■ J '//•
■' Took up the consideration of ; 1 -"
,, A LIU'concerning clerk's fees, in certain eases,-on the second
o-'g- ■ ■. •
HIE SENATE.
m
Mr. Gardner moved the adoption of the amendment by liim offered to
said bill, on a former day.
When Mr. Turney offered the following in lieu thereof:
Sr,c. 2. Beit c.ia:ted, That in all eases hereafter of a criminal
nature, where the defendant shall be acquitted, the State shall pay all
of the material witnesses of the defendant, examined in the cause in his
defence, as well as those against him.
Mr Turney asked and obtained leave to withdraw said amend-
merit.
And thereupon submitted the following in lieu thereof:
Sro 2. Be it enactc \ That in all cases hereafter where any defend-
ant shdl be acquitted of any criminal charge by a jury of his country,
if the offence charged be under the grade of petit larceny, then the
county shall pay all of the material witnesses of the defendant summon-
ed and examined in his defence, and if the charge be of an offence pun-
ishable by confinement in the penitentiary, then the State shall pay the
costs of the witnesses of the defendant, who were material and exam-
ined in his defence.
Which amendment Mr. Gardner accepts in lieu of the amendment
by him offered.
Mr. Powell moved to postpone said amendment indefinitely.
And the question thereon being had, was determined in the affirma-
live—a)es LC—nays 7.
The ayes and nays being demanded,
The affirmative voters were,
Messrs.-Pradburv, Foster, Frey, Hardwicke, Jennings, Laughliity
Ledbetter, Maclin, Martin, Matthews, Miller, Motley, Peyton, Powell,
Ross, and Sevier—10.
The negative voters were,
Messrs. Gardner, Johnson, Nelson, Watterhouse, Warner, Williams,
and Mr. Speaker Turney—7.
So said amendment was indefinitely postponed.
Mr. Nelson moved the indefinite postponement of said bilk
Which motion prevailed.
The (Senate, on motion of Mr. Ross,
Took up the consideration of a message from the House of Reprej
sentatives, non-concuring in an amendment made by the Senate, to "a
bill from the House of Representatives, giving further time for making
surveys-arid obtaining grants on entries heretofore made."
Which amendment is in the following words: " North and East of
the Congressional line."
Mr. Ross moved that the Senate do recede from said amendment.
Which motion prevailed.
Ordered, That the clerk acquaint the House of Representatives
therewith.
On motion of Mr. Foster,
The Senate adjourned until to-morrow morning, 9 o'clock.
278
JOURNAL OF
THURSDAY, December 2, 1841.
A message from the House of Representatives, by Me Mitchell,
their clerk:
Mr. Speaker : The House of Representatives have taken up a re-
solution of the Senate, prposing that the Senate meet the House of Rep-1
resentatives in their Hall, on Thursday, the 2d day of December,
1841, to elect a Senator to the Congress of the United States, for six
years, from the 4th of March last ; also, that the Senate meet the
ilouse of Representatives in their Hall, on Friday, the 3d day of De-
oember, 1841, for the purpose of electing a Senator to the Congress of
the United States, to fill the unexpired term of Felix Grundy, deceased,
and have concurred therein.
And then he withdrew.
Mr. Miller presented the petition of sundry citizens of McMinn
county, praying that a law be passed imposing penalties upon jurors
who fail to perioral their duty in relation to the assessment of damages
incurred by persons through whose land the Hiwassee Rail Road pass-
t\s.
Which being read, was,
On motion of Mr. Miller,
Laid on the table.
Mr. Peyton, Chairman, from the Committee on New Counties anil
County Lines, to which had been leferred u a bill to establish thecoun-
ty of Putnam, to peipctuale the memory of Israel Putnam, of the ret-
olulionaiy war," reports that said committee have had the .same under
consideration, and think said bill proper and reasonable, and have di~
rected him to report said bill and recommend its passage.
And said bill was read a second time and passed.
A message from the House of Representatives, by Mr. Mitchell,
their clerk.
Mr. Speaker : The Ilouse of Representatives have read a third and
last time, and passed the following bills : entitled
A bill to amend the act of 1S31, chapter 24.
A bill to make compensation to Robert Tunnell, late surveyor of the
Hiwassee District.
A bill to authorise the county court of Monroe county, and other
counties, to make appropriations in certain eases.
A bill to repeal an act entitled an act to incorporate the town of Man-
isoriville, in the courtly of Monroe.
Which several bills I am directed to transmit to the Senate, and a?L
the concurrance of the Senate therein.
And then he withdrew.
The Senate took up the consideration of
A hill from the Ilouse of Representatives, to refund to White coum
ty the fines and forfeitures wrongfully paid to the Treasurer of the
Slate.
Which brl was lead a first time and passed. And
On motion of Mr. Gardner,
Said bill was referred to the Committee on Claims.
THE SENATE, StO
Mr. Ross moved that the Senate reconsider a vote, postponing in-
*tellnitely on yesterday, 'Hi bill coneering clerk's lees in certain cases."
Which being considered, and the sense of the ferrate thereon had,
>tdd motion prevailed.
The Senate tool: up the consideration of
A bill lVom the House of Representatives, to provide for the election
»f the town constable, for the town of Jackson, by the qualified vote:
wf said town.
Which bill was read a first time and passed
The Senate took up the consideration of
A bill from the House of Representatives, to authorise the establish1-
mg of ferries on the Mississippi river.
Which-bill was read a first time and passed.
The Senate took up the consideration of
A bill from the House of P».epsesntatives, to provide for supply!: ,
the vacancies in the oflices of county court clerk's and Registers.
Which bill was read a .irst time and passed.
The Senate took up the consideration of
A bill to amend the acts of 1831, chapter 52, and the act of 18C7,
chapter 49.
Which was read a second time and passed.
The Senate took up the consideration of
A bill from the House of Representatives, to authorise chancellors to
appoint special terms for holding chancery courts.
Which bill was read a first time and passed.
A message liom the House of Representatives, by Mr. Mitchell, their
«lerk:
Mr. Speaker: The House of Representatives is now icady to if-
eeive the Senate at their Hall, in convention, to go into the election for
a Senator to the Congress of the United States, for six yeais, from the
4th of March last, in conformity to a resolution adopted by the Senate,
and concurred in by the House of Representatives, fixing this day I'm
said election.
And then he withdrew.
Mr. Williams submitted the following in writing:
The Senator from Ciainger, moved, that the Senate repair *o the
House of Representatives, to meet said House in convention, to go
into the election of a Senator in Congress, for six years, from the 4th
of March last.
• Which b ing read, and the question, " Shall the Senale meet the
House of Representative in convention, at their Hall, this day?" being
had, was determined in the affirmative.
The ayes and nays being demanded,
The affirmative voters were,
Messis. Ashe, Bradbury, Foster, Frey, Jennings, Ledbetter, Motley,
Nelson, Peyton, Reneau, Sevier, Williams, and Mr. Speaker Turnev—-
13.
The negative voters were,
Messrs. Gardner, Hardwicke, Johnson, Laughlin, Maclin, Martin,
Matthews, Miller, Powell) Ross, Waterhouse, and Warner—12.
2$Q
JOURNAL OF
So said motion prevailed.
Mr. Foster moved that the clerk call the roll of the Senate, prepara-
lory to repairing to the House of Representatives.
Which call was had,
When Mr. Speaker Turney and twelve gentlemen of the Senate, to wit:
Messrs. Ashe, Bradbury, Foster, Frey, Jennings, Ledbeiier, Motley,
Nelson, Peyton, Reneau, Sevier, and Williams—-13, repaired to the
Hail of the House of Representatives.
Whereupon, Mr. Speaker Turney took his seat in the chair with
the Speaker of the House of Representatives.
Messrs. Gardner, Hardwicke, Johnson, Laughlin, Maclin, Martin,
Matthews, Miller, Powell, Ross, Wateihouse, and Warner, remaining
in their seats in tiie Senate chamber, and relusing to accompany the
Speaker of the Senate and other Senators to the Hall ot the House
ot Representatives.
Mr. Speaker Turney directed the roll of the Senate to be called.
V» irich was accordingly done,
The following Senators answering, to wit,:
Messrs. Ashe, Bradbury, Foster, Frey, Jennings, Ledbetter, Motley,
Nelson, Peyton, Reneau, Sevier, Williams, and Mr. Speaker Turney—
13.
Senators absent,
Messrs. Gardner, Hardwicke, Johnson, Laughlin, Maclin, Martin,
Matthews, Miller, Powell, Ross, Waterhouse, and VVarner—12.
Mr. Speaker Turney directed the door-keeper of the Senate, to see
and invite the absent Senators to appear within the bar ot the House of
Representatives, and that the dooi-ketptr report how he has executed
said duly.
The door-keeper of the Senate returned within the bar of the
House of Representatives, and delivered to the Speaker oi'the Senate, the
olio wing communication, to wit:
Senate Chamber, December 2, 1S41.
Mr. Speaker Turkey: The undersigned Senators are now in the
Senate Chamber, in their seats, ready to transact any constitutional
business pending before this branch of the General Assembly, when-
ever a quorum of members shall be in attendance.
Respectfully,
Your obt. servts.,
S. 11. LAUGHLIN,
J. P. IIAHDWICKE,
JOHN A. GARDNER,
B. MARTIN,
SACKFIELD MACLIN,
RICHARD WATERHOUSE
RICHARD WARNER,
ROBERT W. POWELL,
JOHN MILLER,
A. JOHNSON,
W. T. ROSS,
THOAIAS-J. »'.Vl'TJIEWs.
THE SENATE.
Which communication being read, was ordered to be enrolled upon
the journal of the Senate.
The convention then adjourned for the want of a quorum of the Se-
nate, to meet again in the Hall of the House ol Representatives oil
to-morrow at 2 o'clock, P. M.
Mr. Speaker Turney and the twelve gentlemen of the Senate present,
repaired to the Senate chamber to resume their session.
On motion of Mr. Maclin,
The Senate adjourned until 2 o'clock, P. M.
evening session.
The Senale, on motion of Mr. Laughlin, took up the consideration ot
A bill from the House of Representatives, to change the venue in civil
causes in certain cases.
Which being read,
On motion of Mr. Hardwicke,
The Senate adjourned until to-morrow morning, 9 o'clock.
FRIDAY, December 3, 1841.
Mr. Laughlin moved that the journal of yesterday be amended, ,by
enrolling upon the journal the following, which was submitted in writ-
ing: .
That the journal be so corrected as to show that the Speaker de-
cided the point of order in the Hall of the House of Representatives
on yesteuiay, by which decision, the Speaker decided that a quorum
of the Senate was not present, and that the only motion which lie could
entertain, would be a motion for a call of the Senate, and sending for
members, or a motion .to adjourn."
Which amendment, the Speaker thinks fit to make, which is accord-
ingly done.
Mr. Laughlin presented the petition of sundry citizens of Cannon
county, praying that a bill may not be passed, now pending before the
■General Assembly, altering the lines of Cannon and Warren counties.
Which being read,
On motion of Mr. Laughlin,
It is ordered that said petition be transmitted to'the House of Repro-
sentatives. ,
Mr. Warner presented the pelition of Benjamin M'Cristian, praying
that a law may be passed directing that a certain tract of school land sur-
veyedbyAlex. TurrenMne, may be surveyed correctly, there being in-
eluded withi nits calls, fifty-five aeresmore than the quantity to whrnh said
servey is entitled, which excess interferes with the landofyourpetitioner.
Which being read,
On motion of Ur. Warner,
Said petition is referred to the Committee on the Judiciary.
Mr. Miller introduced
A bill to allow compensation to certain commissioners.
Which was read a first time and passed.
JOURNAL OF
The Senate took up the consideration of
A bill to establish the county of Putnam, to peipetuate the name
and public services of General Israel Putnam of the revolutionary war.
Mr. Turney moved to amend the 5th section of said bill, by insert-
ing therein alien the words, " "William Gore," the words or u Mounce
(lore.'*
Mr. Lnuglin moved to nmerd the sixth section of said bill, by filling
the blank therein, after the words, "by the name of," with the word
"■ Monticello."
Mr. Turney moved the further amendment of said hill as follows:—
and in no case shall any charge be made upon the State, for any costs or
charges i'a establishing said county. <
"W iiich amendment severally being amended, were adopted.
And said bill as amended, was lead a third and last time, and the
question, " Shall said bill pass?" was had, and determined in the affir-
nmti\ e.
So said bill was passed upon its third and last reading, was ordered
t "> be engrossed, and transmitted to the House of Representatives.
The Senate tool: up the consideration -of
V bill from the House of Representatives, to authorise the establish-
u g of ferries on the Mississippi river.
Which was read a second time and passed.
On motion of Mr. Foster,
Said bill was rei'eried to the Committee on tire Judiciary.
The Senate tool; up the consideration of
A bill from the House of Representatives, to provide for supplying
v 'cancies in the offices of county court clerk and register.
Which was lead a second time and passed.
The Senate took up the consideration of
V bill from the House of Representatives, to authorise chancellors to
fiopoint speck I terms for holding chancery courts.
Which being lead,
Mr. Johnson moved the following amendment to said hill :
Sec. b. B: it cna,t'd, That any of the judges of the circuit courts
f this State are hereby au'Loristd to appoint special terms, whenever
their c pinion the public good requires it, as well during vacation as
n term 1mm, under the si me inks and regulations, as now provided
1 y law, in c ises where the appointment is made in term time.
Mr Laiufolin moved the following amendment to said amendment
That said special term may he appointed cither for the trial of crimin-
ui or civil causes, or both at the discretion of the judge."
Mr. Johnson accepted said amendment.
\nd said amendments being read, were adopted.
And said bill, as am-nded, was read a second time and passed.
The Senate took up the consideration of
A bill from the House of Representatives to provide, for the election
of the town constable for the town of Jackson by the qualified voters of
said town.
Which was read a second time, and passed.
The Senate took up the consideration of
THE SENATE.
A bill from the House of Representatives,. fo repeal an act entitled an
act to incorporate the town of Madisonville, in the county of Monroe.
Which was read a first time and passed.
The Senate took up the consideration of
A bill from .the House of Representatives to authorize the Couuty
Court of Monroe county, and other counties^to make appropriations us
certain cases.
Which was read a first time and passed.
The Senate took up the consideration of
A bill from the House of Representatives to make compensation to
Robert Tunnell, late Surveyor of the Iliwassee District.
Which was read a first time and passed.
And on motion of Mr. Gardner,
Was referred to the Committee on Claims.
The Senate took up the consideration of
A bill from the House of Representatives to amend the-act of 1831
chapter 24.
Which was read a first time and passed.
And, on motion of Mr. Foster,
Was referred to the Committee on the Judiciary.
The Senate took up the consideration of
A bill fiom the House of Representatives to change the venue in civil
causes in certain cases.
Which was read a third and last time.
And the question, u Shall said bill pass?" was had, and determined in
the affirmative—ayes 21, nays 1.
Those who voted in the affirmative were,
Messrs. Ashe, Bradbury, Foster, Gardner, Hardwicke, Jenumg-,
Johnson, Laughlin, Ledbetter, Maelin, Martin, Matd.ews, Miller, Mot-
ley, Peyton, Powell, Reneau, Sevier, W aterbouse, Warner, and Mr
Speaker Turney—21.
Senator Nelson voting in the negative.
So said bill was passed upon its third and last reading.
Ordered, To be transmitted to the House of Representatives.
The Senate took up the consideration of
A bill to amend the act of 1831, chapter 52, and of IS27, chapter 49.
Which was read a third and last time.
And the question, " Shall said bill pass?" was had, and determined iu
the affirmative.
The ayes and nays being demanded,
Those who voted in the affirmative viere,
Messrs. Aslie, Bradbury, Foster, G'urdner, Hardwicke, Jennings,
Johnson, Laughlin, Maelin, Peyton, and Sevier—11.
Those who voted in the negative were,
Messrs. Martin, Matthews, Mil'er, Nehoa, Powell, Reneau, Water-
bouse, Warner, and Mr. Speaker Turney—9.
So said bill was passed upon its third and last reading. •
Ordered, To be engrossed and transmitted to the Mouse of Represen-
tatives.
The Senate took up the consideration of
284
JOURNAL OF
A bill to provide tor the payment of justices' fees in certain cases.
Which was read a second time and rejected.
A message from the House of Representatives by Mr. Mitchell, their
clerk:
Mr Speaker: lam directed by the House of Representatives to
inform the Senate that the House of Representatives is now awaiting
their reception, in conformity with a resolution adopted in the Senate
and concurred in by the House ot Representatives on the first day of
December, 1841, resolving that the Senate meet the House of Represen-
tatives in their Hall, on Friday, the 3d day of December, 1841, to elect
a Senator to the Congress of the United States, to fill the unexpired term
of the Hon. Felix Grundy, deceased.
And then he withdrew.
It being 12 o'clock, M., Mr. Laughlin moved that the Senate adjourn
until 2 o'clock, P. M.
And the question thereon being bad, it was determined in the negative
—ayes 12, nays 12-
The ayes and nays being demanded,
Those who voted in the affirmative were,
Messrs. Gardner, liardwicke, Johnson, Laugblin, Maelin, Martin,
Matthews, Miller, Powell, Waterhouse, Warner, and Mr. Speaker Tur-
iiey— 12.
Those who voted in the negative were,
M :ssrs. Ashe Bradbury, Foster, Frey, Jennings, Ledbetter, Motley,
Nelson, Peyton, Reneau, Sevier, and Ydliams—12.
So said motion to adjourn was rejected.
Mr. Nelson presented the following:
The House of Representatives having informed the Senate, by their
clerk, Mr. Mitchell, that under the joint resolution of the present Gei-
end Assembly, passed and adopted on the 1st day of December, 1841,
prescribing that the Legislature shall, upon the 3d day of December,
1.S41, meet in the Representative Hall to elect a Senator to the Congress
of the United States, to fill the vacancy occasioned by the death of the
Hon.. Felix Giundy, they are ready to leceive and meet the Senate in
the Hall of the House of Representatives, upon the 3d day of Decer.i-
her, 184!, to go in'o raid election.
The Senator from Knox moved that the Sen-ate do now repair to the
Representative Hall, under said resolution, and go into said election.
Which being read,
The ayes and nays on said motion being demanded, was determined
in the negative—ayes 12, nays 12.
Those who voted in the affirmative were,
Messrs. Ashe, Bradbury, Foster, Frey, Jennings, Ledbetter, Motley,
Nelson, Peyton, Reneau, Sevier, and Williams—12.
Those who voted in the negative were,
Messrs. Gardner, Hardwicke, Johnson, Laughlin, Maclin, Martin,
Matthews, Miller, Powell, Waterhouse, "Warner, and Mr. Speaker Tur-
nev—12,
So said motion was rejected.
THE 'SENATE.
2&>
Mr. Martin moved a call of the Senate, which was had, and resulted
in Senators present 12, Senators absent 13.
Senators piesent were, Messrs: Gardner, Hardwicke, Johnson, Laugh-
lin, Maclin, Martin, Matthews, Miller, Powell, Wacerhouse, Warner,
and Mr. Speaker Turney—12..
- Senators absent—Messrs. Ashe, Bradbury, Foster, Frey, Jennings,
Ledbetter, Motley. Nelson, Peyton, Reneau, Ross, (from severe sickness
and indisposition, as reported by Senator Martin,) Sevier, arid Williams
* i ,
. Mr. Johnson moved that the Dobr Keeper he sent after absent mem-
hers, and request their attendance in the Senate chamber.
On motidn of Mr. Johnson,
The Senate adjourned until to-morrow morning, 9 o'clock.
SATURDAY, December .4,1841.
,Mr. Miller moved tliat tlie roll of the Senate be called. ■
Which was had—resulting in Senators present. 14, Senators absent 31.; •
.Senators present were, Messrs. Gardner,Hardwicke, Lauglilin, Led-
better, Maclin, Martin, Matthews, Miller, Powell, Ross, Waterhouse,
Warner, and Mr. Speaker Turney—14.
Senators absent—Messrs. Ashe, Bradbury, Foster, Frey, Jennings,
Motley, Nelson, Peyton, Reneau, Sevier, and Williams—11.
Mr. Lauglilin moved that the Door Keeper of the Senate1 be sent after
absent Senators, and that he respectfully request their presence 'arid aU '
tendance in the Senate chamber. ■
The Door Keeper of the Senate.returned to the Senate chamber and
presented to the Speaker of the Senate the following communication in
writing, from absent members of the Senate, in the following ..words, to
wit : . ' .
■ Representative Hall, Dec»'4, 1S4L
yjr. Speaker Turney, - •
Sir:—The undersigned Senators having, upon yesterday, in obe-
d'ence t0 joint resolutions of the General Assembly, adopted on
jjje 1st of December, 4841, requiring, tlie two Houses to convene.iri the
jp»epresentntive .Hall, to elect two Senators to'the Congress of the United
gopes,-met the House of Representatives to'go into said .election, and
/aid convention not having completed said election, adjourned over id
meetin the'Representative Hall under said resolution, at 9 o'clock thij
the undersigned Senators, under a sense of duty, feel ' themselves
boulU' *° dbs ('ay in convention, with the House of Representatives,
■j.,4 arc noiv in the.ir'Hall, waiting the attendance of yourself and the
Uiht'r absent Senators to go into said election. When they shall be (list
..Jjflt'ged from, the;"performance of the htgh.,constitutional duty devolved
'' l\:\ diem bv said resolution, ami the constitution and law c-f the la fed.
uj i\j j , '
JOURNAL OF
they will attend in the Senate chamber to discharge the ordinary duties
ci' legislation required of them. •
We a re, very respe r. tful \ y,
I our obedient servants,
ROB'T C. FOSTER, Jr.
IT. BRADBURY,
JOHN R. NELSON,
JOHN R. ASHE,
II. FREY,
J. H. PEYTON,
WM. WILLIAMS,
LEWIS RENEAU,
V. SEVIER,
THOS. R. JENNINGS,
WM. LEDBETTER.
On motion cf Mr. Martin,
There being thirteen Senators present, unanimously adjourned until
to-morrow morning, 9 o'clock.
MONDAY', December. 8, 1841.
Mr. Ross moved a call of the Senate.
Which being had, resulted in Senators present and answering, Mcs-
srs. Ashe, Gardner, Ilardwicke, Johnson, Laughiin, Maclin, Martin,
Matthews, Miller, Powell, Ross, Sevier, Vv aterhouse, Warner, and Mr.
Speaker Turney—15.
Senators absent—Messrs. Bradbury, Foster, Frey, Jennings, Ledbct-
ler, Mo*.icy, Nelson, Peyton, Reneau, and Williams—10.
Mr. Hardwicke in the Chair.
The Door Keeper of the House of Representatives appeared within
she bar of the Senate, and presented to the Speaker in the chair a paper
in writing, purporting to be transmitted to the Senate from the House ot
Representatives, which writing was without date, and having no name
subscribed thereto.
Whereupon, the Senate refused to take any action upon said com situ-
mention.
Mr. Powell moved a call of the Senate.
Which was had—Senators present 13—Senators absent 12.
Senators present were, Messrs. Gardner, Hardwicke, Johnson, Laugh-
lm, Maclin, Martin, Matthews, Miller, Powell, Ross,. Waterboys?.
Warner,and Mr. Speaker Turney—13.
Senators absent, were, Messrs. A,she, Bradbury, Foster, Frey, Jen-
nings, Ledbetter, Motlev, Nelson. Peyton, Renenh, Sevier, and William-
—12.
The Senator from White moved that the Senate adjourn until to-mor-
row morning, 9 o'clock.
Mr. Laughiin moved a call of the Senate.
Vvhich was had, and resulted in Senators present 13, Senators absent
12.
Senators present were, Messrs. Gardner, Hardwicke, Johnson, Laugh-
THE SENATE.
287
I'm, Maclin, Martin, Matthews, Miller,Powell, Ross, Waterhouse, War-
ren,and Mr. Speaker Turney—13.
Senators absent were, Messrs. Ashe, Bradbury, Foster, Frey, Jen-
r.ings, Ledbetter, Motley, Nelson, Peyton, Reneau, Sevier, and VVilliams
—12. ■
The Senator from White withdrew his motion for the Senate to ad-
journ.
Mr. Laughlin moved a call of the Senate.
Which was had, and resulted in Senators present 15, Senators absent
10.
Senators present were, Messrs. Ashe, Bradbury, Gardner, Hardwicke,
Johnson,-Laughlin, Maclin, Martin, Matthews, Miller, Powell, Ross,
Water-house, Warner, and Mr. Speaker Turney —15.
Senators absent were, Messrs. Foster, Frey, Jennings, Ledbetter,
Motley, Nelson, Peyton, Reneau, Sevier, and Williams—11.
Mr. Warner moved that the time of adjournment be specially, put
down upon the journal—and that the Senate adjourn.
It being 45 minutes past 11 o'clock, A. M., the Senate adjourned until
to-morrow morning, 9 o'clock.
.TUESDAY, Dece3II5EW 7, 1841.
Mr. Matthews moved a call of the Senato.
Which was had, resulting in Senators present, Messrs. Gardner, Hard-
v*icke, Johnson, Laughlin, Maclin, 'Martin, MaMhews, Miller, Powell,
Ross, Waterhouse, Warner, and Mr. Speaker Turney—13.
Senators absent, Messrs. Ashe, Bradbury, Foster, Frey, Jernings,
Ledbetter, Motley, Nelson, Peyton, Reneau, Sevier, and Williams—12.
Mr. Hardwicke in the Chair.
Mr. Turney presented a communication from twelve-honorable Sena-
•tors in the Legislature of the State of Tennessee.
.Mr. Warner moved a call of the Senate.
Which was had, resulting in Senators present/Messrs. Ashe, Brndbu-'
ry, Foster, Frey, Gardner, Hardwicke, Johnson, Laughlin, Maclin, Mar-
tin, Matthews, Miller, Motley, Nelson, Peyton, Powell, Reneau, Ross,
Sevier, Waterhouse, Warner, and Williams—23.
Senators absent. Mr. Jennings.and Mr. Speaker Turney—2. Mr.
' Speaker Turney absent on leave.
Mr. Ross moved the Senate, and leave was granted to record his vote,
in favor of rejecting a resolution submitted by the Senator from, liner,
proposing that the Senate repair to the House of Representatives on Fri-
day, the 3d instant, 10 elect a Senator to the Congress of die United.
S'aves, to fill the unexpired term of the Hon. Felix Grundy, deceased,
in conformity with a resolution adopted by the Senate, and concurred is;
i>j the. House of Representatives on the 1st instant.
Which bmrg considered by the Senate, said rriot on prevailed.
Mr. W'aterhonse presented the memorial of John Hoynl and Thome*.
'MeCaii'm, praying relief, relative to a mistake made in enteiing a tract
■ty± .land in the Ococe District, that the consideration money for said laud
be refunded with interest.
Winch being read,
C/i.; o: siv. UdutTSHJAW, \
JOURNAL OF
Was referred to the Committee on Claims.
Mr. Waterhouse presented an account, of Andrew Briffain,, jailor oj
Rhea county, relating to fees accruing upon the confinement ot John
Kelleon, and llezekiah Eartrage, confined in said jail on a charge for
horse stealing, and who. escaped from said jail before trial* and are now
running at large. ' '
' And'said account being read,
On motion of, Mr. VVaterhouse,'
■ Was referred to the Committee on Claims.
Mr. Frey presented a communication of the President and Directors
of the Branch Bank of;Tennessee, at Clarksville, 'with accompanying
documents, relating to said institution, in obedience to a resolution ot
the Senate, heretofore adopted.
.. Which being read, was,
On motion of Mm Frey,
Laid on the tattle.' ■ .
r jVJr. Ashe presented the memotial of gentlemen Attorneys at law,
prscticing'in the Circuit Court of Tipton county, praying that Tipton
county be re-attached to the ICth Judicial Circuit.
. Which being read, was, -
On motion of MK Ashe,
• Ordered, To be transmitted to the .flouse-of. Representatives.
Mr. Johnson submitted the following :
1st, Resolved ly the General Assembly of (he Slate of Tennessee,
That there be a joint Select-committee appointed, to consisfof two mem-
hers on the pari.of'the Senate, and three on the part'of the House of
Representatives, to be chosen from the eastern portion of the State,
whose duty it shall be to take into consideration the expediency and
Constitutionality of ceding one of the grand divisions of-ihe State,
(commonl y called East.Tennessee,) to the General Government, for the
purpose of being- formed into u sovereign and independent State, lobe
called uthe State of .Frankland."- ' ■ #
And said committee shall report by bill or otherwise.
2d. Resolved, That jiis Excellency the Governor, James. C. Jones,
be, and be is he'eby required to open and hold a. correspondence with
the Governors of the'States of Georgia, North Carolina, and Virginia,
tor the purpose of ascertaining their opinions in rob Ron t) the ceding
a. portion'of the tenitoty of their respective States, to the General Go-
vernrnent, to be included in the State of Franklnnd, when foirncd, and
Mr the f rthe'r purpose of .respectfully requesting them to lay the subject
before their respective Legislatures, at their next/ensuing session.
Which being read, was,
On motion of Mr. Johnson,
'' Laid on the table.
Mr. Jennings introduced
A bill to incorporate the Sycamore Mar.ufsefmiog Company,
Which was read a first time and passed.'-
,r V motion, of Mr.' Foster,
The Senate adjourned unlit' 2 sVrCck, P. M„
THE SENATE.
289
EVENING SESSION.
The Senate took up the consideration of
A bill from the House of .Representatives, for suppling vacancies \t£
the offices of County Court Clerk .and Register.
Which being read, was.
On motion of Mr. Warner,
Laid on the table.
The Senate took up anctconsidered
A bill from the House of Representatives, to authorise Chancellors to
appoint special terms lor holding Chancery Courts.
Which was read a thini aad last timey
When Mr. Foster asked and obtained leave to withdraw said bill for
amendment.
Mr. Foster returned
A bill from the House of Representatives, to auhorise Chancellors
to appoint special terms for holding Chancery Courts,, by him with-
drawn for- amendment, with the following amendment to wit:
"And when any Circuit. Judge shall,..under this act, appoint a special
term of the Court to be holden, it shall be the duty of the pannel of
jurymen, summoned to, and attending said regular term of the Court,
when said order for the special term is made, to attend said special term
cf the Court so ordered."
Which amendment being read,..
Was adopted.
And said bill, as amended, was read a third and last firae-..
And the question recurring on the passage of said bill was had, and
•determined in the affirmative—ayes 13—nays 8.
The ayes and nays being demanded,
Those who voted in the affirmative were,
Messrs. Foster, Frey, Gardner, .Hardwicke, Jennings, Johnson,
Lnughlin, Macliny Martin, Powell, Reneau, and Sevier-^-13.
Those who voted in the negative were,
Messrs. Bradbury, Matthews, Miller, Motley, Nelson, Waterhouse,
Warner, and Williams—8.
8o said bill was passed upon its third and last reading, and was or-
dered to be transmitted to 'the House of Representatives for enrol-
ruenh
Mr. Gardner introduced
A bill to amend the act of 1831, chapter 24, in relation to the grant-
ing of letters of administ alion, or letters testamentary, on the estates
of non resident testators and intestates.
Which was read a first.time and passe d.
The Senate took up and considered
A bill from the Hous- of Representatives, to provide for the election
of the town constable for the town of Jackson, by the qualified' voters-
«*f said town.
Which bill was read'a third and last time,
And the question,. Shall said bill puss ? being had,
Was deteimined in the affirmative.
21
290
JOURNAL OF
So said bill passed on its third and las.t reading, and was ordered to
be transmitted to the House of Representatives for enrolment.
The Senate took up and considered
A" bill from the House of Representatives, to repeal an act entitled dn
act to incorporate the town of Madisonville, in the county of Monroe.
Which bill was read a second time and passed.
The Senate took up and considered
A bill from the House of Representatives, to authorise the county
court of Monroe county, and other counties, to make appropriations in
certain cases.
Which bill was read a second time and passed.
The Senate took up and considered
' A bill concerning forge or mill dams in Ilolston river.
Which bill was read a second time and passed.
The Senate took up the consideration of
A bill concerning clerk's fees in certain cases.
Which was read a second time, when
Mr. Nelson moved the indefinite postponement of said bill
And the question being had thereon, was determined in the affirma-
tive—ayes 15—nays 5.
The ayes and nays being demanded by Mr. Nelson,
Those who voted in the affirmative were,
Messrs. Bradbury, Frey, Gardner, Jennings, Laugliiin, Macliii,
Matthews, Miller, Motley, Nelson, Reneau, Sevier, Waterhouse, War-
ner, and Williams—15.
Those who voted in the negative were,'
Messrs. Foster, Hardwicke, Johnson, Martin, and Powell—5.
So said bill was indefinitely postponed.
The Senate, on motion of Mr. Gardner,
Took up and considered a message from the House of Represent-
tives, transmitting a resolution adopted by die House of llepresenta-
lives, that the committee on the part of both Houses of the General As-
sembly on the subject of Agriculture and Manufactures, be a joint com-
mittee.
Which being read,
Was concurred with.
Ordered, That the clerk acquaint the House ofRepresentatives there-
with.
Mr. Gardner introduced
A bill to make valid the registration of deeds, in certain cases.
Which bill was read a first time and passed, and
On motion of Mr. Gardner,
Referred to the Committee on the Judiciary.
Mr. Jennings submitted the following:
Whereas, it is inconsistent with the duties arMihe maxims of a Re-
publican Government, to disregard and make no effort to allay com-
plaint and dissatisfaction excited in any respectable and important class
•of citizens, by any measure of public policy.
.'2nd whereas, The present mode of employing the convicts confii.nl
in Uia Penitentiary of this State, has created a feeling of oppression
THE SENATE.
291
which pervades several of the most essential callings in the comniu-
nity.
Whereas, too, Mechanical industry in a commonwealth like ours,
where it is compelled to bear the whole burden of an unrestricted com-
petition with the same species of industry in older communities, having
the almost incalculable advantages of a greater accumulation of capital,
is peculiarly liable to injury and depression, where the Government in-
terfers with the limited market, to which, by the force of circumstances
it is thus confined.
And whereas, there are now, as there will probably be for years to
come, many articles of convenience and utility, of which the peop'e of
this State derive their whole supply from abroad, and which might
therefore be made and sold at the penitentiary, without injury to the
mechanics of the State, and greatly to the benefit of the farmers, who
produce, or have already in possession, the raw materials out of which
such articles are constructed.
And whereas, a manufactory of rope and bagging, because of exten-
sive market'for its product, can be established in the penitentiary, with
the assent of those who might otherwise feel, but for the reason just
stated, disregard the competition, which they would thus be compelled
to encounter.
And whereas, the same manufacture would tend greatly t® the benefit
of the agricultural portion of the community, by providing a ready
market for hemp, and thereby promoting the culture of that important
product, and would besides, insure to the State a larger profit ®n the
labor of each convict, than is derived from the present modes of em-
ployment.
And whereas^ it is a subject of loud and of proper complaint, that
convicts, who by sentence of law, are to be confined to bard labor
within the walls of the State prison, should be daily led into the streets
of the metropolis, thereby to give to condemned felons illegal facilities
foF escape, and gt the same time to make a most unwarrantable and
oppressive encroachment on a field of employment, where honest indus-
try cannot, without an act of despotism be obstructed in seeking its
just reward.
And whereas, fluctuating rates of charges, and long and undefined
-terms of credit in dealings at the penitentiary have done injury to the
mechanical industry of the State, and have beCn the occasion of much
loss to the public treasury.
And whereas, articles of mechanic manufacture made in the peniten-
tiary of other States are constantly imported into the State of Tennes-
see, and there sold, at the same time that no effort is made to equnli>e
this system of oppression, growing out of the condition of things by
any arrangement, which might consign the manufactures of our own
prison to a market, where their sale would not give rise to any injuri-
ous competition with the labor of our own citizens. Therefoie be it
Rtsoloed by the General .Assembly of ihState of Te? nasee. That
the Inspectors of the Penitentiary be, and they are hmvoy, rc pnr
to observe the following directions in regard to the future mauagmne:.
of the i - stitotion. vP' •
JOURNAL OF
1st. To withdraw the convicts as soon.as suitable'-arrangemcnts for
the change can be madq, from all employments which conflict with the
mechanical industry of the Slate, and in the room-of such employment
to substitute others, the produce of which' will consist of articles that
are now, supplied to this $tate by importations from other States, or
from foreign countries.
2d. To establish in the penitentiary a manufactory of rope and bag-
ging, on a scale as extensive as the condition present and prospective
of the institution will seem to justify, and for that purpose to make by
means of the labor of the convicts- such an extension of the wails 01'
the prison as is recommended in the report made by the Inspectors
and Agent of the Penitentiary, lo the present General Assembly.
3d. To forbid the keeper and every other officer of the penitentiary
to lead any one or more of the convicts out of its walls for any other
purpose tha,n to assist in bringing in materials for the use of the insli-
don, or to do work, either on the grounds attached to it, or on the
building itself and its appurtenances.
4th, To fix a rate of prices for labor done, -and articdes manufac-
lured at'intervals of four months, which shall be kept posted up in
Writing in- some conspicuous pait of the office of the institution,
nnd shall rn no case be reduced so low as to establish an unfair and
ruinous competition with any species of pursuit in the vicinity of the
institution^
» 5th, To refuse credits on the books cf the prison for any sum under
twenty-five dollars, to require of the agent in every instance, Where it
13 practicable, that he have the claims of the institution evidenced by
promissory notes, and that without a special cider of the Board of In-
^pectors to the contrary, lie institute suits for the collection of all sums
over twenty-five dollars, and under fifty dollars, that may have been
due to the institution for the teim of four months,- and shall pursue a
•similar course in regard to ali sums over fifty dollars, and under tw(
hundred dollars, that may have been due six months, and shall in no
» use procrastinate steps to compel payment beyond a period of eight
months.
6th. To establish agencies for the sale of articles manufactured in
die penitentiary, at sucn points beyond the limits of the State as will,
afford a ready and profitable market, care being taken to select for
this purpose such- places as rely upon impoitation for their, supply of
goods, that are of mechanical manufacture.
Which being read,
The rule was suspended, and,
On motion of Mr. Jennings,
lleferrpd to the Special CommitUe.
On motion of Mr. Waterhouie,
The-Seriate adjot reed until te morrow morning, 0 o'clock.
THE SENATE.
208
"WEDNESDAY, Heeler 8, 1841.
Mr. Waterhouse presented the petition of 83 citizens of the county
of Marion, praying that Benjamin Lewis and George Lewis be re-
leased from the payment of a judgment final upon a recognizance bv
them entered into for the appearance of a certain David Lewis, on a
•charge for larceny, before the Circuit Court of Marion county.
Which being read, was,
On motion of Mr. Waterhouse,
Ordered to be transmitted to the House of Representatives.
Mr. Hardwieke presented the following :
Resolved, That the President, Directors, & Co. of the Bank of Ten-
nessee furnish the Senate with a copy, or a statement of their by-laws
•or internal regulations, relative to, or in any manner touching the re-
netval of accommodation notes due said Bank, and whether they have
a regular discount day or days in every week, for that purpose, ,and
whether the^ borrowers are required to pay or renew their1 notes until
they are due, or until three-days thereafter, known as the days of grace,
and if the borrowers are not invariably charged interest for the three
days of grace allowed as aforesaid.
Which being read,
Was laid on the table.
The Senate took up the consideration of
A bill from the House of Representatives, to provide lor supplying
vacancies in the offices of county court clerk and register.
Which bdl was read a third and last time, when
Mr. Hardwieke offered the following amendment:
After the words 'lconipus raentus," by inserting the words uor shall
be rendered wholly unable-by affliction or otherwise, ever to discharge
Khe duties of said office."
Which being read and considered by the Senate,
Said amendment was rejected.
The question then recurred upon the passage of said bill,
Which being had, .was determined in the negative—ayes 0--nays 23
The ayes and nays being demanded,
Those who voted in the affirmative were, none.
Those who voted'in the negative were,
Messrs. Ashe, Bradbury, Foster, Frey, Gardner, Hardwieke, Jen-
nings, Johnson, Laughlin, Ledbetter, Uaclin, Martin, Matthews, Mil-
ier, Nelson, Peyton, Powell, Reneau, Ross, Sevier, Waterhouse, War-
ner, and Williams—23.
So said bill was rejected on its -third and last reading.
Ordered, That the clerk transmit said bill to the House ofilepte-
•sentatives, and qcquaint the House therewith.
The Senate took up the-consideration of
A bill from the House of Representatives, to authorise the county
court of Monroe eounty and other counties, to make appropriations in
certain cases.
Which bill was read a third.and last time.
When Mr. Gardner offered -to amend -said bill, by «triking<ont the
2M
JOURNAL OF
word "original," after the words "members of the" and by striking out
the word "heretofoie" after the words "for said county," and further
to amend said bill by adding thereto the words "or counties under
the provisions of the act of 1835, organizing the Judiciary."
Which being read,
Said amendment was adopted.
The question then recurred on the passage of said bill as amended,
Which was had, and determined in the negative—ayes 8-—nays IS.
The ayes and nays being demanded,
Those who voted in the affirmative were,
Messrs. Ashe, Bradbury, Foster, Gardner, Ilardwicke, Miller, Pey-
ton, and Ross—8.
Those_\vho voted in the negative were,
Messrs. Frey, Jennings, Johnson, Laughlin, Ledbetter, Maelin,
Martin, Matthews, Motley, Nelson, Powell, Reneau, Sevier, Water-
house, Warner, and Williams—1C.
So said bill was rejected on its third and last reading.
Ordered, That the clerk transmit said bill to the House of Repre-
sentatives, and acquaint the House thereof.
The Senate took up the consideration of
A bill from the House of Representatives, to repeal an act entitled
an act to incorporate the town of Madisonville, in the county of
Monroe.
Which bill was read a third and last time,
And the question, Shall said bill pass ? was had, and determined in
the affirmative.
So said bill was passed on its third and last reading, and ordered to
be transmitted to the House of Representatives for enrolment.
His Excellency James C. Jones, Governor of the Stale of Tennes-
see, transmitted io the Senate by John S. Young, Esq., Secretary of
State, the following message;
Executive Department, )
Nashville, Dec. 8, 1841. )
Gentlemen of the Senate
and House of Representatives:
I have received the report of the South Western Rail Road Bank at
Charleston, and also the Branch of that Bank at Knoxville, both of
which are herewith transmitted.
Which was laid on the table.
Mr. Gardner introduced
A bill to amend'an act passed February 15th, 183C, chapter 43.
Which bill was read a first time and passed, and
On motion of Mr. Gardner,
Referred to the Committee on the Judiciary.
The Senate, on motion of Mr. Maclin,
Took up the consideration of the report of the Farmers' and Mer-
chants'Bank at Memphis, the report of the Bank of Tennessee, the
raport of the Comptroller of the Treasury.
Mr. Maclin moved that said several reports be printed.
THE SENATE.
Mr. Laughlin moved to amend said motion, by adding that 1500 co-
pies of each be printed.
Mr. Warner moved a division of the question.
Which motion prevailed.
The question then recurred upon printing the report of the Comp--
troller of the Treasury, which was determined in the affirmative—ayes
16—nays 9.
The ayes and nays being demanded,
Those who voted in the affirmative were,
Messrs. Foster, Frey, Gardner, Hardwicke, Jennings, Johnson,
Laughlin, Maclin, Matthews, Miller, Motley, Powell, Fxoss, Sevier,
Waterhouse, and Warner—16.
Thosb who voted in the negative were,
Messrs, Ashe, Bradbury, Ledbetter, Martin, Nelson, Peyton, Reneau,
Williams, and Mr. Speaker Turney—9.
So said motion to print the report of the Comptroller of the Treasury
prevailed.
The question then recurred upon the motion of Mr. Laughlin to
print 1500 copies of said report.
Which being considered, and the sense of the Senate thereon had,
was rejected.
Mf. Ross moved that 1000 copies of the report of the Comptroller
of the Treasury be printed,
Which was determined in the affirmative—ayes 14—nays 11.
The ayes and nays being demanded,
Those who voted in the affirmative were,
Messrs. Foster, Gardner, Hardwicke, Jennings, Johnson, Laughlin,
Maclin, Matthews, Miller, Powell, Ross, Sevier, Waterhouse, and
Warner—14.
Those who voted in the negative, were,
Messrs. Ashe, Bradbury, Frey, Ledbetter, Martin, Motley, Nelson,
Peyton:, Reneau, Williams, and Mr. Speaker Turney—11.
So said motion prevailed.
The question then recuried upon the motion of Mr. , Maclin, to print
the report of the Farmers' and Merchants' Bank of Memphis, and the-
Bank of Tennessee.
Which being considered of by the Senate,
Was adopted.
Mr. Martin moved that 10J copies of the reports of said banks, rys-
peetively,be printed.
Mr. Turney moved to postpone indefinitely the whole subjeet-mat'er
relating to the printing of said reports of the Farmers and Metchant^
Bank of Memphis and the report of the Bank of Tennessee.
Mr. Warner moved to lay the subject on the table.
Which being considered was determined in the negative—nyes 11—f
noes 14.
The ayes and noes being demanded,
The affirmative voters were,
Messrs. Ashe, Bradbury, Frey, Jennings, Martin, Peyton, Sevier,
Waterhousev Warner, Williams, and speaker Turney 11.
THE SENATE.
Th^ negative voters were,
Messrs. Foster, Gardner, Hardwicke, Johnson, Laughlin, Ledbetter,
Maclin, Matthews, Miller, Motley, Nelson, Powell, Reneau, and
Ross-^-14.
So said motion to lay on the table was rejected.
Mr. Maclin moved that 500 copies of the reports of said Banks re-
spectively, be printed.
Mr. Hardwicke moved that 750 copies of said reports be printed,
instead of 500.
Tbe question then recurred on the motion of Mr. Hardwicke.
Which bein-ghad, was determined in the negative—ayes 9—nays 16.
The ayes and nays being demanded,
Those who voted in the affirmative were,
Messrs. Gardner, Hardwicke, Jennings, Laughlin, Maclin, Matthews,
Miller, Ross, and Sevier—9.
Those who voted in tbe negative were,
Messrs. Ashe, Bradbury, Foster, Frey, Johnson, Ledbetter, Martin,
Motley, Nelson, Peytoo. Powell, Reneau, Waterhouse, Warner, Wil-
bams, and Mr. Speaker Turney—16.
So said motion to print was rejected.
Mr. Turney moved that the whole matter relative to printing saidsev-
oral reports be laid on the table until the coming in of the Report of the
Committee on Banks.
Which being considered, said motion prevailed.
So the whole matter was laid on the table.
The Senate took up the consideration of
\ bill concerning lbrge or mill dams on Holsto.n river.
Which was read a third and last time.
And the question, " Shall said bill pass?" being had, was determined
in the affirmative. „ i
So said bill was passed upon its third and last reading.
Ordered, To be engrossed and transmitted to the House of Represeu-
tatives.
A message from the House of Representatives, by Mr. Mitchell, their
clerk:
Mr. Sp.jakeR : The House of Representatives have taken up and
read a petition of 2G0 citizens of Henderson county, praying a law to be
passed modifying the-law of 1337-8; also, a petition of 50 citizens of
Henderson county, praying that the tippling act of 1837-8 may not be
Repealed.
Also, two petitions from citizens of Gibson county, femonslraling
a/ainst the repeal of (lie tippling act cf 1837^-8.
Also, a petition from citizens of Sumner and Smith counties praying
that a new county be established ; also, one other petition from citizens
pf Sumner and Smith counties prjiying that a new county be established.
Which petitions, severally, I am directed to transmit to the Senate for
its consideration.
The Speaker of the House of Representatives did this day sign an
-carolled bill, entitled " an act giving further time/or making surveys and
JOURNAL OF
297
'dbcaining.graflte'on entries heretofore made;" which 1 am directed to
transmit to* the Senate.
And then he withdrew.
Whereupon, the Speaker of the Senate signed-said enrolled act, and
ordered it to be deposited in the office of the Secretary of State.' <
A message from the House of Representatives, transmitted by Mi*.
Mitchell, their clerk, on the 3d day of December, 1841, and which the
<c!erk of the Senate on that day omitted enrolling on the journal:
Mr. Speaker : I am directed to transmit to the Senate the petition of
sundry citizens of Marshall county, relating to school lands in range 2,
section 3.
Also, a bill to amend the law in relation to common schools in Lincoln
county,.
Also, a 'bill to appoint guardians for infants in certain cases.
Which bills were read a third and last time in the House of Represen-
tatives, which I am directed to transmit to the Senate and ask its concur-
rence therein.
Also, a bill of the House of Representatives, read a third and last
time in the Senate, with amendments made thereto by the Senate, in which
amendments tl#e House of Representatives concur.
Also, a resolution directory to the Committee on Banks, adopted by
the House of Representatives, in which I am directed to ask the concur-
rence of the Senate.
And then he withdrew.
The Senate took up and considered
A bill to amend the act of 1831, chapter 24, in relation to the granting
of letters of administration, or letters testamentary., on the estates of uon-
resident testators or intestates.
Which was read a second time and passed.
The Senate took up the .consideration of
A bill to allow compensation to certain commissioners.
Which bill was read a second time.
And the question upon t'he passage of said bill on its second reading
'being had. was determined in the affirmative—ayes 14, noes 9.
The ayes and nays being demanded,
Those who voted in the affirmative were,
Messrs. Ashe, Foster, Gardner, Hardwicke, Jennings, Johnson,
Laughlin, Martin, Matthews, Miller, Peyton, Powell, Waterhouse, and
Mr. Speaker Turney—14.
Those who-ivoted in the negative were,
Messrs. Bradbury, Frey, Maclin, Motley, Nelson, Reneau, Sevier.,
Warner, and Williams—9.
So said bill was passed upon its second reading.
Mr. Warnev moved that the Senate take up
A bill to remove the seat of government from Nashville
Which motion Mr. Warner afterwards withdrew, there not being a
full Senate. *
On motion of Mr. Ross,
The Senate adjourned until 2 o'clock, P. M-
298
JOURNAL OF
evening session.
On motion of Mr,Foster,
The Senate adjourned until to-morrow morning, 9 o'clock.
THURSDAY, December 9, 1841.
Mr. Matthews presented the petition of John Holynum, praying that
a law be passed authorising him to enter a tract of land as an occupant
claim, in the county of Lawrence.
Which being read, was,
On motion of Mr.'Matthews,
Referred to the Committee on Ways and Means.
Mr. Ashe presented a petition of sundry citizens of Tipton county, re-
latingto Covington Academy, praying that it may receive the amount of
money for the years 1840-41, and protesting against the right of Ran-
dolph Academy to receive any portion of said Academy fund.
Which was read, and,
On motion of Mr. Ashe,
AVas ordered to be transmitted to the House of Representatives,
Mr. Maclin presented the petition of 58 citizens of the town of La-
grange, praying to be authorised to erect a jail in said town, in aid of the
exertions of the corporation authorities of said town.
Which being read, was,
On motion of Mr. Maelin,
Ordered to be transmitted to the House of Representatives.
Mr. Jennings presented a communication from John S. Young, Esq.,
Secretary of State for the State of Tennessee, relating to services by
him rendered, under an act of Assembly, passed January, 1840, chapter
252, in procuring and causing to be bound, journals of the Senate and
House of Representatives, ami the acts of the General Assembly, from
the year 1801 up to 1839-40, inclusive, and for money expended in said
service—asking for compensation for said services, and moneys expend-
el.
AVhich being read, was,
On motion of Mr. Jennings,
Referred to the Committee on Claims.
The Senate, on motion of Mr. Gardner,
Took up the consideration of a resolution by him heretofore submitted,
directory to the Secretary of State, relating to the adjudication of land
warrant No. 1239, for"914 acres, issued by the Secretary of State of
North Carolina to Jeremiah Bullock,
Which was read, and,
On mot'on ot Mr. Gardner,
Laid on the table.
Mr. AV'dliams submitted the following :
Resolved by the. General Assembly of the Sta/e of Tennessee, That
the Secretary of State be and he is hereby authorised to appoint an agent
at Knoxvilidto examine ar.d receipt for that portion of the journals in-
ended to be distributed in Fiast Tennessee,
THE SENATE.
299
Which being read,
Was laid on the table.
The Senate took up and considered
A bill from the House of Representatives'to- amend- the law ih> relation,
to common schools in Lincoln county.
Which was read a first time and passed.
The Senate took up and considered
A bill from the House of Representatives to- authorise the County
Courts to appoint guardians in certain cases, and for other purposes.
Which bill was read a first time and passed.
Mr. Gardner submitted the following:
Resolved by the Senate of the General Assembly of the State of Ten-
nessee, That John S. Young, Esq., Secretary of State, be and he is here-
by required to report as early as cenvenient, the testimony produced be-
fore him by the heirs of Jeremiah Bullock, on the adjudication of war-
rant No. 1239, for 914 acres—referred to said Secretary of State tor
adjudication, by a resolution adopted the 30th January, 1840, and that
said commissioner also report his opinion upon said testimony, as to the
validity of said warrant, and the right ©f said heirs thereto, and that
he report to the Senate the reasons why he could not adjudicate said war-
rant under said resolution.
Which being read,
The rule requiring resolutions to lie over one day was suspended, and
said resolution adopted.
Ordered, That the clerk transmit to the Secretary of State a copy of
said resolution and its adoption.
The Senate took up the consideration of
A bill to amend the act of 1331, chapter 24, in relation to the grant-
ing of letters of administration, or letters testamentary, on the estates ot
non-resident testators or intestates.
Which was read a third time.
Mr. Foster moved to amend said bill by striking out the second section
thereof, as follows:
Sec. 2-. Be it enacted, That so much of the act of 1831, chapter 24,
which this act is intended to amend, as comes within the purview and
meaning ot this act, be and the same is hereby repealed.
Which being considered of by the Senate, said amendment was adopt-
dd, by striking out said second section.
And said bill was read a third and last time and passed.
And the question recurring on the passage thereof, was had and deter-
i mined in the affirmative—^ayes 18, nays 6.
The ayes and cays being demanded,
Those who voted in the affirmative were,
Messrs. Ashe, Bradbury, Foster, Frey, Gardner, Hardwicke, Jen-
nings, Johnson, Laugldin, Ledbetter, Matthews, Miller, Motley, Peyton,
Powell, Reneau, Sevier, and Mr. Speaker Turney—13.
Tho^e who voted in the negative weie,
Messrs. Maclin, Martin, Nelson, Waterhouse, Warner, and Williams
-6.
So said hill was passed pn its third and last reading.
JOURNAL OF
Ordered to'be engrossed and transmitted to the House of Reprcseuta-
tives.
The Senate took up the consideration of
A bill to allow compensation to certain commissioners.
Which was read a third time.
Mr. Nelson moved to amend said billhy striking out the word "two""
occurring in said bill after the words u shall hereafter be allowed,1' and
insert mi lieu thereof the wo;d a.four."
Mr. Miller moved to lay said amendment on the table.
The ayes and nays being demanded by Mr, Nelson, was determined
in the negative—ayes 10, nays 11..
The affirmative voters were,
Messrs. Gardner, Johnson, Laughlki, Martin, Matthews, Miller, Poiv-
ell, Waterhouse, Warner, and Mr. Speaker Turney—10.
The negative voters were,
Messrs. Ashe, Bradbury, Frey, Jennings, Ledbetter, Myelin, Motley,
Nelson, Reneau, Sevier, and Williams—11.
So said motion to lay on the table was rejected.
Mr. Martin moved to lay said bill and amendments thereto on the table.
Which motion prevailed.
So said bill and amendment-offered thereto wa« laid on the table.
The Senate took up the consideration of
A bill to incorporate die Sycamore Manufacturing Company.
Which was read a second time.
Mr. Warner moved to amend said bill by inserting therein after the
woids a to wit
Beit enacted, That the property, both real-and personal, of the indi-
viduals composing said company, shall be and the same is hereby made
.liable for the payment of the debts contracted by said company, or for
any debt or debts contracted by their authority.
Which being read,
On motion of Mr. Jennings,
Said hill and proposed amendment was referred to the Committee oa
Agriculture and Manufactures.
The Senate took up the consideiation of
A bill to appoint trustees in certain cases.
Which was read a second time, and,
On motion of Mr. Maclin,
Was laid on the table.
Mr. Williams submitted the following-.
Resolved by the General Assembly of the Statt -of Tennessee, That the
Committee on'the Judiciary be instructed to report a bill, for the purpose
of accepting fhe proposition of the Louis\ille, Cincinnati, and Charles-
ton Railroad Company, to release the State of Tennessee'from its liabil-
ity to said company as a stockholder, to the amount of six hundred and
fifty thousand dollars, upon the payment of two and a half per cent., the
estimated expense of survey in the Slate of Tennessee.
Which being read,
Mr. Nelson moved a suspension of the rale requiring resolutions ia lie
over one day.
Tffl'E SENATE.
The question* thereupon being had, was determined*! in the negative-—
ayes 10, nays 13.
Those who voted* in-the affirmative were,
Messrs. Ashe, Bradbury, Foster, Frey, Jennings, Ledbetter, Motley,
Nelson, Powell, Reneau, Sevier, \Yilliams, and Mr, Speaker Turney—*
13.
Those who voted-in-the negative were,
Messrs. Gardner, Hardwicke, Johnson, Laughlin, Ma clin,-Martin,
Miller, Waterhouse, and Wartfer—10.
The affirmative voters being less than two. thirds of the number of
Senatois present, as required by the rules, said motion to suspend said"
Fule was rejected, and said resolution laid on the table,
FRIDAY,- December 10, 18^ 1.
Mr, Gardner presented the-following report from J&hn S. Young,
F^q., Secretary of State for the State of Tennessee :
Secretary of State's Office, December 10, 1841.
To the Honorable Speaker Of the Senate :
By a resolution adopted in-the Senate, on the 9th instant, I am re-
quired to report the testimony presented to me, in support of the claims
of the heirs of Jeremiah Bullock, to warrant No. 1239, from the State
of North Carolina; also,-to give my opinion of the testimony, the va-
lVtlity ®f the warrant, and the light of said claimants to it. I reply, tha
warrant 1239, for 914 acres of land, issued by the State of North Car-
olinavto Jeremiah.Bullock, was presented to me properly authenticated,
leaving no doubt upon my mind-as to its validity. The heirs of Jere-
miah Bullock it is said, reside in the State of North Carolina, there was
no leg 1 testimony presented to me as to who the legal heirs of Jeremi- •
ah Bu lock are, nor was there any proof as to the facts, whether the
right to warrant No. 1239 still remains in the heirs- of Jeremiah Bui-
lock, as required by the resolution,- adopted by the General Assembly,
the 30th of January, 1840.
Being fully satisfied as to the validity of the warrant, and there being
no reason to believe that it has-been transferred, because with the trans-
ler th.e warrant must have passed to other hands, under such a view of
'the case, I feel no hesitation in giving the opinion that the claim is a
good one, and should be awarded to the heirs of Jeremiah Bullock,
upon the single fact of the heirship being proved.
Very respectfully,
JOHN S. YOUNG,
Secretary of Slate.
V hich was laid on the table,
Mr. Warner, Chairman, from the Committee on Claims, to whem
had been referred an account of the jailor of Rheirt county, fpr keeping
in si id jail, John Ivillion and IJezekiah Eastrage, on a charge of horse
stea ing, reports that said Commi.tee have had the same under consid*
erufon, «,nd that said Ci mmittee Lave directed him to report said claim
JOURNAL OF
-and the matter relative thereto, to be the subject matter for examination
•of ihe circuit couit, as now iixeci by law, and to recommend the rejec-
tionof said claim, arid the Senate considering said report, concur there-
o,n.
Mr. Waterhouse asked and obtained leave to withdraw the account
of the keeper of the common jail of Rhea county, for the keeping of
John Kiliion and Hezekiah Eastrage, in said jail, on a charge oi* hoist
stealing.
Mr; VYarner, Chairman, from the Committee on Claims, to whom
had been referred the report of the Secretary of State, in relation to the
procurement of said Secretary of the acts and journals of the Senate and
House of Representatives of the State of Tennessee, from the year
1S01 to 1839 and 1840, inclusive, for services rendered, &c., under an
act of the General Assembly, requiring said services, reports that the
Committee have had said subject under consideration, and think the
same reasonable and just, and that an allowance should be made there-
for, and have directed him to report a bill and to recommend its passage.
Whereupon,
Mr. Warner, Chairman of said Committee, reported
A bTl to allow the Secretary of State compensation for arranging
and having bound certain acts and journals.
Which was read a first time and passed.
Mr. Warner,-Chairman of the Committee on Claims, to whom had
been referred " a bill from the House of Representatives, to refund to
White county, the fines and forfeitures wrongfully paid to the Treasurer
of the State," reports that said Committee have had the same under con-
sideration, and deem its provisions just and proper, and have directed
him to report said bill, and recommend its passage, and the Senate con-
sidering said report concurd therein.
The Senate took up and considered
A bill from the House of Representatives, 1o refund to White county,
the fines and forfeitures wrongfully paid to the Treasurer of the State.
Which bill was read a second lime and passed.
Mr. Foster, Chairman of the Committee on the Judiciary, to whom
had been referred " a bill for the relief of Win. B. Young &Co.," reports
that said Committee have had the same under consideration, and deem
it proper and that relief should be afforded in cases, as in said bill set
forth. That said Committee have directed him to report a bill in lieu
of the whole bill referred to their consideration, and recommend its pas-
sage.
Which bill, as reported by the Chairman of said Committee, is as
follows, to wit:
A bill to amend the act of 1835, chapter 13.
Sec. 1. Be it enacted by the General Assembly of the State of Tenncs-
see, That wherq the goods, wares, and merchandise of any retail trier-
chant shall have been destroyed or lost in the act of opening said
goods, wares, and merchandise by accident, or the act of an jnscemliary,
and before such merchant shall erve procured a license under the sixth
section of the act of 1835, chapter 13, and whereby such merchant or
merchants shall have incurred the penalty of the sixteenth «section of the
THE SENATE.
303
.act of 1835, chapter 13, and shall, and is hereby released from anyjudg-
ment or judgments that shall have been recovered against him or them,
lor the penalty prescribed in the sixteen t section of said act of 1835,
ehapter 13, provided such merchant or merchants shall pay all the costs
of such judgment or judgments, and the Senate considering said report
and bill, was adopted.
The Senate took up $nd considered
A bill to amend the actof 1885, chapter 13.
Which was read a second time and passed.
Mr. Foster, Chairman of the Committee on the Judiciary, to whom
had been referred u a bill to provide for the payment of costs in prose-
cutions, which haye abated by the death of defendant," reported that
said Committee have had the same under consideration, and think the
provisions therein contained are unreasonable, and have directed him
to report said bill and recommend its rejection; whieh being considered
of by the Senate is concurred in. '
And said bill was read a second time ; and the question, " Shall said
bill pass?" was had, and determined in the negative.
So said bill was rejected upon its second reading.
Mr. Foster, Chairmanr from the Committee on the Judieiary, to whom
had been referred " a bill to make valid the registration of deeds in cer-
eases and for other purposes," reported that said Com,mitee have had
the same under consideration, and are of opinion that its provisions are
improper, and should not fee passed, and have directed him to report said
bill, and recommend its rejection.
Which report being considered of. by the Senate, is concurred in.
Mr. Gardner moved the following amendment:
And provided, that in no case shall a certified copy of deeds register-
ed as aforesaid, be received in evidence, until it is proven to the satis-
faction of the coUrt, that the original deed is lost or mislaid, but in all
cases in the absence in the absense of such proof, the production of the
original deed in evidence shall be required by the court.
Which being read, and considered of by the Senate, said amendment
was rejected.
Mr. Foster, Chairman of the Committee on the Judiciary, to whpm
h"d been referred u a bill from the House of Representatives, to amend
*the laws of Tennessee upon the subject of depositions," reported that
ihe Committee have had the same under consideration, and are of opin-
ion that the provisions therein contained are improper, and should net
be passed, and have directed him to report said bill, and recommend its
rejection.
Which report being considered of by the Senate, is concurred in.
Whereupon,
Said bill was read a second time and rejected.
Ordered, That the clerk transmit said bill to the House of Represent-
atives and acquaint the House of its rejection.
A message from the House of Representatives, by Mr. Mitchell,
their clerk:
Mr. Speaker: The Speaker of the House of Representatives,
did this dav sicrn an enrolled hill entitled " an act to change the venue (■>'
301
JOURNAL- OF
civil causes in certain cases;" which lam directed to transmit to the
Senate, for the signature of the Speaker of the Senate.
And then he withdrew. ^
Whereupon, the Speaker of the Senate signed said enrolled act, and
ordered the same to be deposited in the office of the Secretary of State,
for the State of Tennessee.
Mr. Williams, Chairman, from the Committee, on Agriculture and.
Manufactures, to whom had been referred " a bill to encourage domes-
tic manufactures," reported that said Committee have had said bill un-
der consideration, and said Committee think its provisions proper, and
that said Committee have directed him to report said bill with an amend-
ment herewith, and with said amendment, recommend its passage;
which amendment is as follows : after the words in said bill, .'i making
lead into shot or bars," insert-the words, " or ef engaging in any other
species of manufactures ; which amendment being considered ot by the
Senate, is concurred in, and said amendment adopted.
Mr. Laughlin moved to lay said'bill ©n the table.
Which motion he afterwards withdrew.
Mr. Iteneau moved that twenty-five copies of said bill be printed for
the use of the Senate.
Which motion prevailed.
Mr. Laughlin renewed his motion to lay said bill, as amended, on the
table.
Which motion prevailing,
Said bill, as amended, was laid on the table.
Mr. Speaker Turney submitted the following as his protest, and ask-
ed the Senate to order the same to be enrolled upon the journal of the
Senate.
Which is as follows':
I protest against the proceedings of the Senate'relative to the resolu-
tiou to go into the election of Senators omthe second and third days of
December, 1841.
1st. Because that onthesahl second day of December, 184.1, after the
Senate had been notified by the House, that the House was ready to
receive them, to go into the said election-according to the said resoluti m,
a motion was made that the Senate now meet the House, to go into the
said election, and was by the Senate decided in the affirmative, that is,
that the Senate would now meet the House, to^go into the said election,.
When the twelve Senators who had previously voted, against the- resol-
ution, and against the motion to meet the House, then and there refus-
ed to participate with the other portion of the Senate, and refused to
leave the Senate chamber, and separated from the Senate by remaining
in the chamber, by reason whereof the said election was postponed for
want of a quorum, according to the constitulion, to go into said elec-
tion, until.the afternoon of the 3d of December, IS41.
2d. Because on the said day of December, the day to which said
election was adjourned, the Senate was notified that the House was ready
to receive them to go into the election of a Senator, according to the re-
solution, to go into an election on that day. The Senate was then call-
tiig the roll on a motion to adjourn, St then beinsy the usual hour of ad-
TI1E SENATE.
305
jour anient for dinner. I then stated to the Senate that I was in favor rf
adjourning- until 2 o'clock, and then the other election which had been
uijauruoii on the day previous to the afternoon of that day, could
also bt acted upon, and that by doing suit would save the public time
jmiiI trouble of going twice, that if gentlemen would wait until then I wan
willing to go, but that I should vote against going now, but the motion
was pressed, and the vote taken, myself voting against it, with a view,
as expressed, to take up the subject and go to the Hoiise according to
the said Resolution, at 2 o'clock in the afternoon, and the Senate decided
in the negative, that is, that they would not go, twelve of the Senators
voting again.t it, with a view, as I believe, to defeat the election in the
Jarni prescribed t>y said resolution, hut the said twelve who had voted in
favor of repairing to the House immediately, instantly against the vote
of the Senate, leaving the Senate m session, J eft myself and the other
twelve therein, tnereby placing in the power of the said twelve Senators
to adjourn the imitate until the next day, by which the said resolutions
were totally defeatc 1, because the Senate being adjourned ihcre was no
Legislaturedn ses.non, so that it was impossible for the Senators to meet
the House in the afternoon, as prescribed, by the said resolution.
The Senators here, who left the House or chamber, will do ins the
jisdce to say, that I iiad no knowledge of their intention to leave the
rvnate chamixr at 1 he time they did, contrary to the vote of the Senate.
If I had been advised that they would have done so, I should, though
I did not wish W> do it, have \cted with them, rather than so unpleasant
rud unusual a thing should have taken place, and would havti went wirh
them; inlecd I could have had ha motive to the contrary, because it
was believed from the previous conduct of the other Senators, that they
were det'-r mined to persist in their opposition, and having decided the
previous day thai nothing could be done without a constitutional quorum,
which o linioi I had nof heard questioned, and as to the whether I could
go or stay, could have no possible effect upon the question, and when
called npoa by the twelve to meet them in the House where they were,
I could see no possible constitutional way for me to meet the House
after the Senate had adjourned until after the time of meeting had
elapsed. If the said twelve Senators had obeyed the vo'e of the Senate
and staid with me in the chamber until the Senate would adjourn, I could,
ly their assistance, have adjourned the Senate until the afternoon, and I
could have legally complied with the said resolution,- as far as my pre-
sence could have done. So I believed that the said Senators did not have
any design in leaving the Senate contrary to the vote thereof, or any in-
tention of doing so, until the moment they did so. The motives of the
parties arc unknown to me, "Gut I respectfully ask their permission to say
dial I had been from time to time called upon by the Senators, as if call-
ing upon a Hercules, as if all power was concentrated tin me, exciting
expressions hnev been reiterated against me, from day today, political
javelins were hurled af'my head from all quarters, I was made the pivot
on which all was to turn, and my shoulder to the wheel, and there was
full confidence of success. Enteriaimng for myself no Constitutional scru-
nles, and having a desire to act in accordance with the will and wishes of
a majority of my district, I attempted io shoulder the load, at.d stagger-
306
JOURNAL OF
ing under its weight, was then defeated, and upon a principle natural to
all, that when an object is desirous, and we have an agent in whom vu
have implicit confidence, and arepeisuaded can- perform it, the failure
of the agent is an attack upon our judgment, and he is already condemn-
ed, without regard to the obstacles by which,he was defeated, or the faith
with which be acted, but his failure wilil be attributed to bad motive*,
whatever may he the evidence. I was already condemned and sentenced,
denounced from all quarters, after the twelve Senators had refused to act.
I was satisfied nothing could be done, and that it would be a useless waste
of public time and money, and productive of nothing but excitement,
and bad feeling to pursue it further, its termination has proved that 1 was
right. 1 now submit myself to the unprejudiced portion of my fellow-
citizens, who are free from party prejudice, who I hope will readily per-
eeive and determine upon my motives and actions, to whose judgment
alone .will I have regard. 1 may have erred, a thing which we are ailsul-
ject to, but if so, 1 am not aware of such .error.
SAM. TURNEY.
Which being read,
Was enrolled upon the journal of the Senate.
The Senate, on motion of Mr. Turney,
Took up and considered the. report of the Inspector and Superintend-
ent of the Penitentiary,
Which was ordered to ho transmitted to the House of Representa-
lives.
The Senate, on motion -of Mr. Williams,
Took up and considered a resolution by htm submitted on yesterday,
relating to a proposition of the President, Directors, & Co. of ihe Louis-
ville, Cincinnati, and Charleston Hail Road Company, to surrender the
charter of said rail road, within the limits of the State of Tennessee, up-
onlhe condition therein named.
Which being read,
Mr. Williams moved to amend said resolution, by striking out 2J- per
■cent, and inserting inlieu thereof, li2 4-10 per cent." two dollars and "fortj
•cents per share.
Sir. Warner moved to amend said amendment by inserting in lieu
.thereof, "1£ per cent."
Which motion Mr. Warner afterwards withdrew.
On motion of Mr. Williams,
Said resolution was laid on the table.
On motion of Mr. Hardwicke,
The Senate adjourned until 2 o'clock, P. AL
EVENING SESSION.
The Senate took up and considered
A bill from the House of Representatives, toameud the lawva rrUitm
■to common schools in Lincoln dounty.
U hi<:h bill, on motion of Mr. Warner,
W ss laid on the table.
THE SENATE.
807
The Senate took up and considered
A bill from the House of Representatives, to appoint guarc^ans for
infants, in certain cases, and for other purposes.
Which was read a second time.
Mr. Laughlin moved to amend said bill, by striking out the words "on
the recommendation of the wife."
Which being considered of by the Senatd,
Said amendment was adopted.
Mi*. "Foster moved the-following emend meet to said bill:
After the words "at the time the husband abandoned her," insert the
words "if it shall be made appear to the satisfaction of the court that
the husband abandoned his wife without reasonable cause."
Which being read and considered,
Said amendment was adopted.
Mr. Laygblin moved further to amend said bill, by striking out the fol-
lowing:
After the words "end-education of child or children," {ior the court
■may commit the custody and guardianship of such child or children -to
some other person. Provided, that in cases where application shall be
made by the wife for a divorce, the court shall Jieof opinion on the final
hearing of the cause that such divorce ought notto be granted, and shall
so decide, it shall be lawful for the court to direct the custody and guar-
dianship of the children to be restored to the father.
And provided further, That nothing herein contained slifill be so con-
•strued as to make it imperative upon the court to take away the custody
,&nd guardianship of the children from their father."
Which being read and considered of by the Senate,
Said amendment was adopted.
Mr. Maclin moved the indefinite postponement of said bill.
Which motion he afterwards withdrew.
Said bill, as amended, was read a second time and passed.
The Senate, on motion of Mr. Hardwicke,
Took up the consideration of
A bilHo divide thegState into Senatorial and Representative districts.
The Senate, on motion of Mr. Foster,
Resolved itself into committee of the whole upon the bill to divide
the State into Senatorial and Representative districts.
Mr. Frey in the chair.
Mr. Turney moved that said bill be read.
Which being done,
Mr. Hardwicke moved that the committee take up and consider said
b.'i by districts and sections.
Which motion prevailed.
The first district composed of the counties of Garter, Johnson, Sulh-
van, and Washington*
Which being read,
Was adopted.
20S
JOURNAL or
The second district, composed of the counties of Greene and ILv,
kins.
Which being read, when
Mr. Pveneau moved the following amendment:
"The.counties of Greene, Cocke, and Sevier, to compose the seronl
Senatorial District.'7
Which being read,
Was rejected.
The question" fhen recurred upon the adoption of the district in si hi
hill mentioned.
Which being considered, was determined in the affirmative.
Mr. Williams moved to amend the second Senatorial omtiift, I'
striking out the word "Greene," and insert in lieu thereof the \ ui I
"Grainger."
Winch being read,
Was considered and rejected.
The third Senatorial district, composed rf Jefferson, Blount, Gckt*
and Sevier.
Which being read,
Mr. lieneau moved the following amendment thereto, the count i ^ ft
Jefferson and Hawkins shall elect one Senator, and the polks shad k
compared at--
Which being read,
Said amendment was decided to be out of order.
The question then recurred upon the adoption of the third dis rict,
which was determined in the affirmative.
The fourth Senatorial District, composed of the counties cf Xloai.e,
Claiborne, Campbell, Anderson, and Morgan.
Which being read,
Mr. Williams offered the following amendment: strike out "To aire'
ard insert "Grainger."'
Which being read and considered,
"Was rejected.
The question then recurred upon the adoption of the fourth Senftto-
ill district.
' Which was determined in the affirmative.
The 5th, 6th, 7th, 8th, ffih, and 10th districts were read and several!)
adopted.
The eleventh Senatorial district, composed of the counties cf Smith
and Jackson.
Which being read,
Mr. Peyton moved to strike out "Jackson," and insert "Sumner,"
in lieu thereof.
Which being considered of by the Committee,
Was rejected.
The question recurred upon the adoption of the eleventh Senatorial
district, was determined in the affirmative.
The 12th, .13th, 14th, 15th, I6th,and 17th districts| were read and
ad pteJ.
THE SENATE.
The eighteenth Senatorial district, composed of the counties of Sum-
nor and Robertson.
Which being read,
Mr. Ledbetter moved an amendment, by striking out "Sumner" and
inserting "Montgomery."
Which being considered by the Committee,
Was - rejected.
The 19th, 2Jth, &21st Senatorial districts, were read and adopted.
The 22d Senatorial district, composed of the counties of Carroll,
Perry, and Gibson.
Which being read,
Mr. Bradbury moved to amend said district, by striking out "Perry"
and inserting "Dyer."
Which being considered by the Committee,
Was rejected.
The question then recurred upon the adoption of the 22d Senatorial
district.
Which was determined in the affirmative.
The 23d, 24th, and 25th Senatorial districts were1 read and adopted.
The 2d-section of said bill being read, was adopted.
The 3d section of said bill being read,
Mr. jLaughlin moved to [amend] the following part thereof, "the
rounties of Fentress, Overton, White, and Van Buren, shall elect one
•Representative," after theword "VanBuren" [insert] the word'"War-
ren."
Which being-considered, was determined in the negative.
The question then recurred upon the adoption of the-3d section of
-said bill.
Which was determined in the affirmative.
On motion of Mr. Hardwicke,
The Committee read, and thd Chairman reported said bill without
amendment.
Mr. Ledbetter moved t-o lay said bill on the table.
And the question being'thereon hvd, it was determined in the affir-
>mative—ayes 13—nays T 2.
The ayes and nays being demanded,
Those who voted in the affirmative were,
Messrs. Ashe, ■ Bradbury, :Foster, Frey, Jennings,'Ledbetter, Motley,
Nelson, Peyton, IReneau, Sevier, Williams, and Mr. Speaker Tur-
ney—13.
Those who voted " in the negative were,
Messrs. Gardner,TIardwicke, Johnson, Laughlin, 'Maclin, Martin,
'Matthews, Miller, Powell, Ross, Waterhouse, and Warner—12.
So said motion to lay on the table prevailed.
On motion of Mr. Ledbetter,
•The Senate adjourned until to-morrow morning, 9 o?clock.
JOURNAL OF'
SATURDAY, December 11, 1841'.
Mr. Laughlin presented the petition of John Bell, sheriff of Coffee-
county, praying that certain moneys by him expended for the appre-
hension of James Sartain, who was confined on a charge of murder,,
who had broke, and escaped from the jail of said county.
Which being read,
Was referred to the Committae on Claims.
Mr. Foster, Chairman-from the Committee on the Judiciary, to whom
had been referred
A bill.to amend the act passed February 15th, 1 S31, chapter 43,.
reported that the committee ha-ve had the same under consideration,,
think its provisions improper and unreasonable, nnd'have instructed him
to recommend its rejection..
Whereupon,
On motion of Mr. Gardner,
Said bill was laid on the table.
A message from the House of Representatives, by Mr. Mitchell, their
clerk;
Mr. Speaker: The House of Representatives have taken up and
read a petition from sundry citizens of Smithland, Sumner county,
praying to be attached to the new county of Macon,, which I am direct-
ed' to transmit to the Senate.
Also, a resolution adopted by the Senate, directory to the Banket
Tennessee, to pay to the trustee of Henderson county, the distributive
share of said'county, out of the common school fund of 1841, upon the
Bank first making certain inquiries, and being satisfied in relation there-
to, with certain instructions to the treasurer and said Bank relative to
said payment, in which the House of Representatives concur.
Also, the following entitled bills which have been read a third and
last time, and passed in the House of Representatives.
A bill creating William Staples, of the county of Morgan, a corpora-
tion.sole, for the purpose of constructing a Turnpike road.
Also, a bill to suppress illegal voting.
Also, a bill to establish the time and place of sales of certain pro-
perty under execution. 11
Also,, a bill to amend the act (entitled an act to equalize the slay of
executions rertdered by Justices of the Peace, on all sums, passed Feb-
ruary 22d, 1836, so as to give a longer time for stays of executions.
Which I am directed to transmit to the Senate, and ask their concur-
rence therein.
And then he withdrew.
' Whereupon, it is ordered that said resolution directory to the Bank of
Tennessee be enrolled, and signed by the Speaker of the Senate, and
transmitted to the House of Representatives for the signature of the
Speaker thereto.
Mr. Turney introduced
A bill to compel the Judges of the Supreme Court to give written
opinions in all cases in their courts, including its present forms, and the
reporter of the State to report tfip same-;.
THE SENATE.
311?
Which bill was read a first time and passed.
The Senate, on motion-of Mr. Gardner,.
Took up and considered a resolution- by- him submitted on the 1st
clay of November, 1841, directory to. the Secretary of State, for the*
State of Tennessee, relating to the adjudication of land warrant No.
E239, purporting to have been issued by William Hill, Secretary of
the State of North Carolina, dated 27th October, 1835, for the benefit
of the heirs of Jeremiah Bullock, &c.
Which resolution1 being read,
Mr. Gardner moved the following amendment :
And provided#farther, That before adjudicating said, warrant, it shall
be proved to the satisfaction of the Secretary of Statq that the claim an1 s
are the legal heirs of sp.id Jeremiah Bullock.
Which amendment being read,
Was adopted.
The Senate took up- and considered,
On motion of Mr. Gardner,-
A resolution by him submitted on the 9th insta-nf,- directory to the
Secretary of State', for the State of Tennessee, requiring said Secreta-
rv tp report at an early da^Pto the Senate the testimony produced be-
fore him, by the heirs of Jeremiah Bullock, on the adjudication of
warrant No. 1239, for 914 acres, referred to said Secretary of State
for adjudication the 30th January, 1S40, Also, that he report his opin--
ion upon the s-aid testimony, the validity of said warrant, and the right
of said heirs thereto;, that he also report the reason why he could not
adjudicate said warrant under said resolution.
Which being read, together with-the report of said Secretary, made
in obedience to said resolution, relating to the requirements of said
resolution, touching the adjudications of said warrant.
Which being read,
The quesiion'recurred upon the adoption of said resolution, and be-
iitg thereon had, was determined in'the affirmative—ayes-'14'—nays 11.
The ayes and nays being demanded,-
Those who voted in the affirmative'were,-'
Messrs. Ashe, Gardner, Hardwicke,- Johnson, Layghlin, Ledbetter,
M'aclin, .Miller, Powell, Ross-, Sevier;- Wateihouse,- Warner, and Mr.
Speaker Turney—14.
Those who voted in the- negative were,-
Messrs. Bradbury, Foster, Frey, Jennirrgs,. Martin,- Matthews, Mot-
ley Nels-on, Peyton, Reneau, and Williams—-IV1.
So said'resolution was- adopted, and ordered to be engrossed, and>
transmitted to the House of Representatives for their Concurrence-"'
•therein.
The Senate, on motion of Mr. Williams,
Took up-and considered a resolution by him submitted on the 9th in--
shanty authorising the Secretary of Slate to appoint an agent at Knox--
ville, to examine^and receipt for that portion .of. the. journals- intendeds
for .distribution in East Tennessee.
Which-:bemg,raad,uvas- adopted. .
JOURNAL OF
Ordered, That the clerk acquaint the House of Representatives thcic
with, and ask their concurrence 'herein.
A message from the House of Representatives, hv Mr. Mitchell, llieh
clerk :
Mr. Speaker : The House of Representatives have taken up rem,
and adopted a resolution, directory to the Superintendent ol" Public In-
ctruction, which I am directed to transmit to the Senaie, and ask the r
concurrence therein.
Also, a resolution in relation to the Covington Academy, in the coui>
Ay of Tipton, adopted by the House of Representatives, which I am
directed to transmit to the Senate, aud ask their concumyice therein. '
Also, an engrossed bill, "A bill to carry into effect an act of Con-
gress, passed the 18th day of February, 1841, authorizing the State ri
Tennessee to perfect titles to the vacant and unappropriated lands south
and west of the Congressional reservation dine, in this State," which
was read a third and last time and passed, and which I am directed 11
transmit to the Senate, and ask its concurrence therein.
And then he withdrew.
The Senate, on motion of Mr. Ashe, took up and considered a oiec-
sage from the House of Representatives, transmitting ?. resolution rein-
ting to the Covington Academy, in the county of Tipton, adopted by
the House, of Representatives, requesting the concurrence of the Senate
therein.
Which being read and considered, the Senaie concur therein.
Ordered, That the clerk acquaint the House of Representatives there-
with.
The Senate, on motion of Mr. Johnson,
Took hp and considered
A bill to divide the State into Senatorial and Representative districts.
Mr. Ledbeiter moved to lay said bill on the table, until Monday morn-
mg next.
And the question being thereon had, was determined in the negative
—ayes 1,2—nays 13.
The ayes and nays being demanded,
The affirmative voters.were,
Messrs. Ashe, Bradbury,'Foster,'.Frey, Jennings, Ledbetter, Motley,
"Xelspn, Peyton, Renean, Sevier, and Williams—12.
The negative voters were,
M essrs. Gardner, flarclwicke, Johnson, Laughlin, Maclin, Martin,,
Matthews, Miller, Powell, Ross, Waterhouse, Warner, and Mr. Speaker
Turney—13.
So said motion to lay on (he table was rejected.
Said bill was read a.second time,
Mr. Frey moved to am.end said bill in that part composing the 18th
•Senatorial district, by striking out the words " Sumner," and insert in
lieu thereof the words " Montgomery," and the question being theieop
had, was determined in the negative—ayes 12-r-jiay.s 1.3.
The ayes and nays being demanded,
' (fhe .affirmative .voters were,
THE SENATE.
Messrs. Ashe, Bradbury, Foster, Frey, Jennihgs, Ledbetter, Motley,
Nelson, Peyton, Reneau, Sevier,and Williams—12.
The negative voters were,
Messrs. Gardner, Hardwicke, Jolinson, Laughlin, Maclin, Martin,
Matthews, Miller, Powell, Rossf Waterhouse, Warner, ami Mr. Speak-
or Tut hey—13.
And so said amendment was rejected.
Mr. Williams moved to amend said bill in that part composing the
4th Senatorial district, by striking out the word "Iloane," and insert
in lieu thereof the word " Grainger," and the question being thereon
had, was determined in the negative—ayes 12-—nhys 13.
The ayes and nays being demanded,
The affirmative voters wer£,
Messrs. Ashe, Bradbury,.Foster, Fiey, Jennings,.Ledbetter, Motley,
Nelson, Peyton, Reneau, Sevier, and Williams—12.
The negative voters wer&,
Messrs. Gardner, Hardwicke, Johnson, Laughlin, Maclin, Martin,
Matthews, Miller, Powell, Ross, Waterhouse, Warner, and Mr. Speak-
er Turney—13.
And so said amendment was* rejected.
Mr. Sevier moved to amend said bill (in that part composing the
twenty-second Senatorial district, by striking out the word " Perry,"
and inserting in lieu thereof the word "Benson."
And the question being had thereon, it was determined in the nega-
live—ayes 12—nays 13.
The ayes and nays being demanded,
Those who votediin the affirmative were,
Messrs. Ashe, Bradbury, Foster,-Frey, Jennings, Ledbetter, Motley,
Nelson, Peyton, Reneau, Sevier,'and Williams—12.
Those who voted in.the negative were,
Messrs-. Gardner, Hardwicke, Johnson, Laughlin, Maclin, Martin,
Matthews, Miller, Powell, Ross, Waterhouse, Warner, and Mr. Speak-
er Turney—13.
And so said amendment was rejected.
Mr. Bradbury moved to amend said bill in that part composing the
twenty-third Senatorial district, by striking out the word " Madison,"
and inserting in lieu thereof the word " Perry"'
And the question being had thereon,.it was determined in the nega-
tive—ayes 12—nays 13.
The ayes aad nays' being demanded,
Those who voted indhe.affirmative*were,
Messrs. Ashe, Bradbury,:Foster, Frey, Jennings, Ledbetter,.Motley,
Nelson, Peyton, Reneau, Sevier, and Williams—12.
The negative voters were,
Vlessrs. Gardner, Hardwicke, .Johnson, Laughlin, Maclin, Martin,
Matthews, Miller, Powell, Ross, Waterhouse, Warner, and Mr. Speak-
er Turney—13.
Arid so said amendment was rejected.
Mr. Ashe moved to amend said bill in that part composing the twen-
■ty-fifth Senatorial district, bv striking1 out the word " Haywood," and
5T4
JOURNAL OF
insert in lieu thereof the -Word " Fayette," and-the question being there-
on had, was determined in the negative—ayes 12—nays 13.
The ayes and nays being demanded,.
The affirmative voters were,
Messrs. Ashe, Bradbury, Foster, Frey, Jennings, Ledbetter, Motley,
Nelson, Peyton, Reneau, Sevier, and Williams—12.
The isegative voters were,
Messrs. Gardner, Hardwieke, Johnson, Laughlin, Maclin, Martin,
Matthews, Miller, Powell,. Ross,-Waterhouse, Warner, and Mr. Speak-
er Turney—1.3*
So said amendment was rejected'.
Mr.. Williams moved to refer said amendment, to the special commit-
tee on laying off the State into Senatorial and Representative districts,
and the question being.thereon had, was determined in the negative—
ayes-12—nays 13.
The ayes and naye being, demanded,
The affirmative voters were,.
Messrs. Ashe,.Bradbury,. Foster, Frey, Jennings, Ledbetter, Motley,.
Nelson* Peyton, Reneau, Sevier, and Williams—12.
The negative voters were,
Messrs* Gardner, Hardwicke, Johnson, Laughlin, Maclin, Martin,
Matthews-, Miller, Powell, Ross, Waterhouse, Warner, and Mr. Speak-
er Turney—13.
So said motion was rejected.
The question then recurred upon the the passage of said bill, which
being had, was determined ir. the affirmative—ayes 13—nays 12.
The ayes and nays being demanded,.
The affirmative voters were,
Messrs. Gardner, Hardwieke, Johnson, Laughlin, Maclin, Martin,
Matthews, Miller, Powell, Ross,.Waterhouse, Warner, and Mr. Speak-
er Turney—13..
The negative voters were,
Messrs. Ashe, Bradbury, Foster, Frey, Jennings, Ledbetter,. Motley,
Nelspn, Peyton, Reneau, Sevier, and'Williams—12.
So said bill was passed upon its second reading.
Mr. Johnson moved that said bill be referred to the committee on lay-
ing off the State into Senatorial and Representative districts..
Which motion he afterwards-withdrew.
A message from the House of Representatives,, by Mr* Mitchell,
their clerk:
Mu. Speaker : The House of Representatives has taken up and
read a petition from 60 ladies and gentlemen of Bedford county,, pray--
ing that the tippling act may not be repealed.
A*so, a petition of 18 citizens of Bedford county, praying.that the-
tippling law may not be repealed.
Which petition, I am directed to transmit to the Senate.
Also, the following entitled engrossed bills, which have been road a<
third and last time in the House of Representatives, and passed, to wit :
A bill for the. relief of the commissioners appointed, to superintend.
THE SENATE.
the improvement of. the navigation ol'the French Broad'river, at the
Hanging Rock and Swan islands.
Also, A bill to abolish and discontinue spring musters and their courts-
martial and drills.
Also, A bill to change the time of .holding the circuit courts for the
counties of M'Nairy and Hardeman,.and to attach Tipton county to the
tenth judicial circuit.
Which, bills I am directed to transmit to-the Senate, and to ask its
concurrence therein.
The Speaker of the House of Representatives did this day sign the
following enrolled bills, entitled as iollows :
An act to provide for supplying vacancies in the offices of county
court clerk and register.
An act to repeal an act entitled cl an act to incorporate- *the town of
Madison.ville, in the county of Monroe.-" *
An act to amend an act entitled an a6t to establish the town of Jack-
son,.in the county of Madison, and to authorise the commissioners
thereof to pass by laws and ordinances for the same."
Which enrolled acts I am directed to transmit to the Senate.
And then he withdrew. '
Whereupon, the Speaker of the Senate signed said enrolled acts, and
■Ordered the same to be deposited in the office of the Secretary of State
for the State of Tennessee.
Mr. Turney moved that the Senate adjourn until Mondny morning,
9 o'clock.
And the question being thereon, had, was determined in the affirma-
tive—ayes 14—-nays 10.
The affirmative voters were,
Messrs. Bradbury, Foster, Frey,. Jennings Ledbetter, Maclin, "Nel-
Fon, Peyton,.Reneau, Ross, Sevier, Waterhouse, Williams, and Mr.
Speaker Turney—14.
The negative voters were,
Messrs. Ashe-j Gardner, Hardwicke, Johnson,, Laughlm, Martin,
M-atthews, Miller,. Motley, Powell, and Warner—11...
On the 10th of December, Mr. Laughlin presented, the following as
his protest against certain members of the Senate, which is in the fol-
lowing words, in behalf of himself, Messrs*. Gardner, Hardwicke,.
Johnsoni, and'Maelin :
PROTEST,
The undersigned, members of the Senate of the General' Assembly of
the State of Tennessee, protest against,the passage oPa resolution adopt-
ed'on the 1st day of December, at the- present session, which provides
tliat the Senate shall meet the House-oPRepresentatives in the Represen-
tative Hhll, in convention of both Houses on two successive days, to wit:
on Wednesday, the 2d day of December, and'on Thursday, the 3d day
of D'ecember instant, for the purpose of electing a Senator by joint vote
of the two Houses in convention in the Hull of' the House, on each of
said days, to fill llie-two' vacant seats in the Senate of the United States
from this State.
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The undersigned also protest against the action and conduct of the
thirteen members of the Senate, being less than a constitutional quorum,
•and consequently not being the Senate of this General Assembly, in re-
pairing to the Hall of the House of Representatives on the said second
d.iy of December^ and twelve of said Senators again on the 3rd, 4th,
Gih, and 7th days of December, for the purpose of uniting with the
House, as a Senate, in going into an election by joint vote to electa Sen-
ator in Congress, against the vote and peremptory refusal of a majority
of the Senate to repair to said, Hall or unite in said election ; and the
undersigned respectfully submit the following reasons for this their pro-
test and refusal to leave the Senate Chamber, wheie they were at the
time, in their seats, ready to proceed with the public business as Sena-
tors, and where they remained from day to day until the said Senators
returned from the Hall of the House, to wit:
1. Becduse rfiey deem the resolution by which the Houses were at-
tempted to be bfought together in convention in the Representative Hah,
as being a violation of the Constitution of the United States in its adop-
tion, and that eyery act done, by any Senator present, towards carrying
it into effect, involved a new violation of the Constitution—and that it
was the hounden duty of each of the undersigned to refuse all parlicipa-
tion in every attempt and movement which was or might be made to car-
ry the resolution into effect.
2. Because the undersigned hold that said resolution,'although passed
in Senate by thirteen votes, being a majority of one of ail the votes of
the Senate, was void under the provisions of the first article -and third
section of the Constitution of the United States, as being repugnant to
the provisions of the same, and holding such opinion,'it was due to the
undersigned and their constituents to refuse their aid .in carrying it into
execution.
3. Be -ause the said article and section of the co sstilution of the Uni-
ted States declares, that " the Senate of the United States shall be com-
posed of two members from each State, chosen by the Legislature there-
of for six years and because Senators chosen Or elected by a conven-
tion of the trio Houses of the"Leg'islature, sitting together, on joint vote,
are not chosen by the Legislature, such convention not being the Legis-
•lature of the State—and, consequently, an election so made would be
in violation of both the letter, and spirit ff the said provision of the Con-
stitution.
4. Because the Constitution of the United States in the fourth section
of the first article provides, that " the times, places, and mannerof hold-
ing elections for Senators and Representatives, shall be 'prescribed m
each State by the Legislature thereof; but the Congress >may, at any
time, by law, make or alter such regulation, except as to the places of
choosing Smators," and because the legislature of this State, and the
Congress of the United States have not heretofore ;by law or ordi-
nance prescribed any rule as to the "times, places, or manner'" of hold-
ing such elections, the same must be conducted, to be valid, according
to the directions of the said first clause of the third section of the first
article above quoted, by thedlouses acting separately, in their organized
capacities, in which capacities klone they form fhe Legislature of the
TI1E SENATE.
317
Staid, until a different form of election shall be prescribed by competen
authority.
5. Because the Constitution of the State of Tennessee, by which the
Legislature is created, and by which alone it has an existence, provides
in the third section of the first article, that " the Legislative authority of
the State shall be vested in a General Assembly, which shall consist of
« Senate and House of Representatives, both dependent on 1 lie people;"
and because the said two Houses, the members of which are required to
have different qualifications, are net the General Assembly or Legislature
unless acting- separately as checks upon each other, any ♦election in eon*
veution of both Houses silting together, would not be an election or
^choosing by the Legislature of the State"—and would be void.
6. Because the Constitution of Tennessee, and especially in the sixth
ai tide, provides for the election of Judges and Slate officers by "joint
rote of both Houses," but makes no provision for the mode qf electing
Senators in Congress, thereby leaving the same to be governed exclu-
lively by the direction of the Constitution of the United States, which,
as before quoted, requires them to be. " chosen by the Legislature," act-
ing as a Legislature in separate organization, and not by a convention.
7. Because the Senate, consisting of twenty-five members, represents
the whole people-of th-e State, and the House of Representatives, con-
sisting of seventy-five members, represents precisely the same people
and no more; and the ttvo branches of the General Assembly
are'co-ordinate, distinct, and separate bodies, each possessing as a body
precisely the same amount of political power, and ordained l>v the Con-
■dilution to operate as cheeks and balances upon each other; and because
in the unconstitutional mode of choosing Senators by joint vote in con-
vention, where the voting is per capita, each member of each House
having one vote, would merge the votes of Senators in the greater num-
' ber of the votes of the Representatives, and disable the Senate front
having any check or control over the election, a contingency against
which the Constitution of the United States has expressly provided m
requiring the choice or election to be made by the Legislature as such,
and not by joint vote in convention.
8. Because, if the election were to be made in the manner contempla-
ted by the resolution under consideration, it would often happen, and
mightr happen in every instance, that all the members of the Senate, con-
stituting the actual Senate, might vote unanimously for one candidate,
while twenty-four members of the House might vote for another candi-
date, and the remaining fifty-one members of the House might vote for
a third candidate, who, by the unconstitutional process, would be elect-
ed, not by the Legislature as such, but by a portion of the members of
the House of Representatives, by which operation the Senate would lose
its distinctive character and power as a co-ordinate branch of the Legis-
lature, and its equal voice in choosing Senators would be lost and merg-
'*d, a contingency against which it is most surely the intention of the
fi'onstitu'ion to provide, in requiiing Senators to be "chosen by the
Legislatures of the Staler," and not by the members, or any portion of
die members of one branch, against the will of a majority of the mem-
hers of the other branch.
JOURNAL GJ1
9. Because, this is the first time since the State of Tennessee was
•admitted into the Union, when a disagreement between the two branch-
-es of tiie General Assembly has arisen in regard to the choice of Sena-
tors, and is, therefore, the first occasion which has arisen where a direct
appeal to the Constitution as the paramount rule of action has become
imperiously necessary, and because neither Congress nor any previous
Legislature has passed any .law prescribing the mode of election, anu
cannot change the Legislature as the agent in prescribing the mode, the
undersigned feel constrained,under a deep sense of duty, to take the
Constitution alone for their guide, and to act according to their convic-
tion of its true meaning, and to refuse now and at all times to take part
in any proceeding^ in the hall of .the House which would violate its pro-
visions, which clearly require that the choice of Senators (the word
'election not being used) should be by a concurrent vote of the Mouses act-
.ing separately, and not by a joint vote of the Houses sitting together.—
•It is not admitted that Congress or the Legislature can, in prescribing
the mode, change the agent appointed to elect Senators.
10. Because there are no precedents in regard to the question involved
which can have any binding or even persuasive authority—each General
Assembly in this State having heretofore, when Senators were to be clio-
sen, adopted a temporary mode of action by resolution, which resolutions
invariably expired with the occasion which gave rise "to their adoption—
leaving the next succeeding General Assembly free to exercise its own
judgment in view of the Constitution; and because no past practice is
binding o$ obligatory, or can alter the Constitution; and because all the
ablest judges and commentators on the Constitution, among whom may
be enumerated Chancellor Kent, Judge Story, of the Supreme Court -of
the United States, Bayard, and others, all concur in and confirm the
.soundness and validity of the construction which the undersigned have
found themselves constrained to adopt; and because the law of North
Carolina of 1789, prescribing the mode of electing Senators in that
State, passed seven years before Tennessee became a State, is not and
never was, by any form of adoption, in force and use in this State.
11. Because the Constitution of the State of Tennessee, by the 4tli
section of the 7th article, provides that " the election of all officers,
and the filling of all vacancies that may happen by "death, resignation, oi
femoval, not otherwise directed or provided for by this Constitution,
shall be made in such manner as the Legislature shall direct;" and bciau.se
no law under this provision or under the authority of the first clause of
the third section of the first article of the Constitution oi the United
States has been passed by the General Assembly, and Congress having
passed no law, the said provision of the Constitution of the United
States requiring Senators to be "chosen by the Legislature of the State,"
acting as a Legislature, and not as a Convention of members of both
Houses assembled in one House, remains obligatory, and the undersigned
feel bound to conform to its plain and obvious directions.
12. Be-ause the principles ef expediency and a due regard for the
rights, interests, and wishes of the people of the State, as clearly un-
derstood by the undersigned, so far as the same can lawfully be done ac-
.cording to the mandates of the Constitution, all conspire to demand of
THE SENATE.
319
the undersigned, as the agents of the people, a resistance by all lawfu
and constitutional means, the execution of the design of the resolution
tunder consideration, which is nothing more nor less, in their apprehen-
sion, than an election right or wrong by the whig members assuming to
be an aggregate majority ot the Legislature, of two candidates selected
and understood to have been previously chosen by them in caucus, both
of whom have peremptorily refused to answer respectful interrogatories
.propounded to them by members of the General Assembly, as to their
opinions upon the .right of the General Assembly and constituencies to
instruct Senators and Representatives, and whether they hold it t©
be the duty of Senators or Representatives to obey such -instructions .or
resign their seats; and who have also refused to give and express their
opinions in any public form on the subject of the Bankrupt law, the Loan
hill, Distribution bill, the two Bank bills vetoed by, the President, and
other measures adopted at the last session of Congress, and others still
pending before the country, and in which the people of Tennessee have
a deep and abiding interest; and because the election of such Senators
thus refusing to answer would be a violation of the principles and usages
of Republican Government.
1§,9Because the election of candidates who refuse to disclose their
opinions on public measures, and vexing for them or permitting them to
be elected, being ignorant of their opinions, in acting* blindfold, would
be a violation ot the trust confided to the undersigned by their constit-
uents. Because the votes which the undersigned have to give are the votes
of their constituents and not their own, and they feel confident the peo-
pie are unwilling to vote in the dark, either ,by themselves or their repre-
seutatives, and that they do ahd will in all instances require a full dis-
•closure of the political sentiments of candidates before they will consent
to their electiou to places of Legislative trust, either in Congress or the
General Assembly.
14. Because the undersigned had previously united with others in a
constitutional attempt to elect a Democratic Senator to fill the vacancy
occasioned by the death of the Hon. Ftdix Grundy, and had offered, as
they fully believe, to unite in the election of a Whig candidate to fill the
-other vacancy im the Senate, in which fair endeavor to compromise be-
1 ween the parlies the undersigned and their political associates in the
General Assembly were defeated by the votes of the exclusive Whigs,
who have thus refused a measure calculated to produce reconciliation
between the two great parties.
15. Because* the two candidates, one of each party, the Hon. H. 1.
Turney, now a representative in Congress, and Maj. Thomas Brown of
East Tennessee, on whom the undersigned and their political friends en-
deavored to unite the parties in an amicable compromise, as is well known,
both made candid disclosures of their political sentiments, admitting the
•right of instruction to the fullest extent; and hi cause the Flon. E. fl. Fos-
iter and Spencer Jarnagin, Esq., the two candidates selected by the
Whigs as before mentioned, and of whom the undersigned speak in no
terms of personal disrespect, have both, for reasons satisfactory to then.-
-selves, refused in writing to disclose their political opinions and views in
tregard to the important measures adopted a! the late session ol Congress,
320
JOURNAL' OF
and have refused peremptorily in letters made-public, addressed to ir.ee>
bers of the Legislature, to admit or deny the right of instruction—kav-
ing them if elected, free to disobey the instructions of the presenter
any future General Assembly, and thus putting at naught one ol the most
sacred principles of our republican system of government.
16. Because, if instructions which have been laid before the Senate,
and transmitted also to the House, signed by a large majority of all the
voters in the counties of Eenton arid Humphreys, addressed directly to
the Representative from those counties, and by which said Represent;;-
five is expressly instructed to vote for Democratic Senators, weie obe\-
od in good faith, the two parties would be precisely balanced in point
of numbers in the General Assembly, and the election cf Senators would
imudt in a tie, thus defeating an election, even it the undersigned should
( undent to violate the Constitution by going ir.to an election in conven- -
lion.
.17. Because, under all these facts and circumstances, the Legislature,,
in both its branches, being declared by the Constitution of tiie State to
he directly ' dependent on the people,' the undersigned have preferred
to refer the whole matter to their constituents, and the people for their
decision and instructions; so that at the next session of the General
Assembly, should there be a called session next fall as is anticipated,
or at the next regular meeting of the Legislature,-1 members rnav come
" fiesh from the people," prepared and instructed to do their will, both
■with regard to the candidates and the parties to which they may be-
Ions.'
IS. Because, without imputing any other than patriotic motive to the
Senators who disagree with the undersigned in any act they have done,
they view the attempt which was made on the od of December, by
twelve members of the Senate in absenting themselves from the Sena'e
chamber, without leave, and repairing to the hail of the House, without
being accompanied by the Speaker, or ihefoliicers of the Seriate, and
against a decision made by the Senate at the time-, refusing to repair to
the hall of the House, was in itself, in the opinion of the undersignd,
a violation of the Constitution and parliamentary law; and an unco;;-
stitutional attempt in the opinion of the undersigned to cany the resolu-
lions under consideration into effect—and because, the said proceeding
cf the said Senators, leaving the Senate without a quorum, was directly
dissolving that body for the time being as a -cm-ordinate branch of the
.Legislature, and imposed on the undersigned the painful necessity of
adjourning the Senate, as they had and have a right to do f:om day to
day, for the absence of members; and because the said twelve Senators,
in repairing to the ball of the House, were neither the Senate, nor a
quorum of the Senate, it requiring two thirds of the mem1 ers to con-
stitnte a quorum ; and because every act done by said twe've Senators
in the hall of the House, under whatever pretext, was and is wholly
unconstitutional and voir! in the judgment of the undeisigned.
19. Because, the twelve Senators who withdrew and seceded from dm
Senate,while in session in its proper chamber could not represent tin*
Senate, or become the Senate, while in the hail of the House, the prep-
<_.r legal and constitutional Senate being at the same point cf time m
. - r.the senate. - . • 321
session in the Senate chamber, with power to call the Senate, and ad-
jonrn "from day to day, which duty it continued to perform until the. said
supposed convention adjourned ■ sine die, on the 7th install ; and be-
. cause the Senate cannot be in constitutional session in two places at
the same time, the said proceeding, anii assumption of the character of
a Senate while in the hall of theHouse, was an assumption of power
not known to the Constitution; and because all acts don^-by them in
the House, assuming- to be the Senate,'or to,represent the Senate then,
-in legal session in its own chamber, \vere? and are wholly void.
20. Because the said twelve Senators, mid the said unauthorised con-
. ventiori of members of the General Assembly,■ met and adjourned and
held a* part of their sittings at times when, both Houses, the Senate 'and
' House.of Representatives, were in a state of 'legal and constitutional
adjournment, and could not therefore, while so in"-session, constitute'
the " Legislature of the State,'* and not being the Legislature, nor a
quorum of the Houses of the Legislature, all acts done by them are irr
regular, illegal, violatory of the Constitution, and void. < • ■ - '
' 2L Because the Constitution 'of"-the United States, nor- of the Sthte,
Tennessee, nor the - laws of either, recognize any third power in the,
- State, span fiom the two legal Houses of assembly, as entrusted with
the appointment, or election of Senators, except in the filling of fern-
porary vacancies by the Executive .of the State j and'. therefore any
election, or attempt to make air election of Senators, by* any .,body of
' individuals, iVot constituting a constitutional Legislature, are and would'
be wholiy void.. , . - - '
22. Because\he Senate, nor the members'of the Senate of Tennes-
.>ee, have power to divest themse-jves of the official power imparted by
the Constitution; because by so divesting the Seriate of its character,
and-its weight as a co-ordinate branch of the Legislature,- and going
. into the hall of the House, and voting per capita with the members of
the House, each member having one vote, the-Senate , would ' cease ,to
have power-to " alter, amend or reject" the Wts'of the House, and by
'so yielding up its constitutional character, by which it is required to act,
as Vt chqck upon the H )use, the plain and .obvious provisions of the
• Constitution would be violated. ' ■ , . 1 -
23. Because, the Senate possesses distinct, specified and-definite pow-..
ers, conferred directly by the Constitution, and which powers it cannot
yield nod divest itself of any m we than.it can'assume ney< and un-
granted powers—and because the power of-the Senate--toigo into'the
. House in convention to elect Senators/is no where granted by the Con-
stitution or imparted by amy law,made under the Constitution-of the
tJuHed States or' of this State, neither the Senate nor any portion 5 of.
if s members'liav'e a'ny such power or authority;- and-the. attempt to cx- '
■ ercise any such power by the'Senate, (>r any of its members, acting apcut
from the Seqate, or.the lawful authority'of the Senate, would be wholly
.unconstitutional'android! . ' . \' '
- 24. Because the isai'd resolution under . which, the said Senators, re-
paired ta the Hall of the House.on-the 2d', day of December, if f had, •
been otherwise constitutional .and. valid,, nolhaving been carried f fo'.
edhet by any lawful- meeting of the two HoiHe^oa the s-u'd day, n> Se
322
JOURNAL OF
nate having attended said pretended convention, the same became
functus officio, and afforded no warrant or authority for the meeting of
the said Senators in the hall of the House on said subsequent days;
and because, the said meeting on the 3d instant, attended by only twelve
Senators, being five less than a quorum of that body, and under which
said Senators assumed authority of attending the House 011 the said sub-
sequent days, was unlawful, unparliamentary, and unconstitutional,
because said Senators withdrew from the Senate to attend said meetings
.against the determinations of the Senate, by ayes and noes, forbidding
said attendance; by reason of all of which, ail,their acts assuming to
be the Senate, or to be acting • for the Senate, were and are wholly
void—-the said Senators having absented themselves in violation of the
15th rule adopted for the government of the Senate at the present ses-
sion, which expressly provides that "no member shall absent himself
from the service of the Senate without leave first obtained"—and which
rule also gives power to the Senate to send the door keeper for su h
Senators as may be absent, and which power in the present instance
was repeatedly exercised without success daily from the 2d to the 7th
instant;, by which great delay and manifest detriment to the public ser-
vice was sustained at a large expense of time and public money.
25» Because neither Congress nor the Legislature of this State have
passed any law or laws prescribing the "time, manner or place" of
electing Senators by the Legislature; and because neither Congress
nor the Legislature have any power in passing such laws, to prescribe
any mode of choosing Senators other than by the "Legislature, of the
State," a.? such; the choice to be made by the Houses in their separate
organised capacities, by concurrent vote—neither Congress nor the Le-
gislature having power to traasfer such choice to the joint vote of a
convention of the two Houses sitting together in one House—neither
& C? t
having power by the express provision of the Constitution of the Unit-
ed States, to take the choice from the Legislature, in the parliamentary
and technical sense of the word, and transfer it to the members of the
Houses, sitting in convention. Congress and the Legislature" have
only power to prescribe the "manner and place," in, by, and at which,
the Legislature may choose Senators, but not the "time, manner and
place" in winch any other body, organised or unorganised in a public
Capacity, may make such choice, because the power to prescribe
mode of election, dors not include the power to change the character
of th" agedt appointed to make said election.
2 3. Beciuse the Constitution of the United States has distinctly ap-
pointed "the Lyvi$laiiira of the State" the agent by whom Senators are
to he "chosen." The net to be done, coupled with this power, is to
"choose Senators." This can only be done by the agent .specified,
and neither Con^r»?s aor the Legislature can appoint any other agent,
or change the, act to be done, though they have express power to pre-
scribe the time, manner, and place in, by and at which the Legislature,
as the.agent, may execute the specified power—but neither have power
ey 1 tw o'* otherwise to confer the.power on a convention of the two
t| .f,s 0f \ssenvblv, which is in no proper sens", "the Legislature of
t^State;" nnd because neither r.r.r the Gr.™! A—
T1IE SENATE,
323
by any act, law, or ordinance transfer the power of choosing Senators to
the members of the General Assembly, sitting in any other capacity than
as a legislature in the separate organized capacity of the Senate and
House of Representatives.
*27. Because neither the Constitution of ihe United States nor of
the State of Tennessee, recognize nor prescribe the form of meeting in
convention of the two Houses, in one hall or chamber for any purpose ;
and because such form of proceeding is an unwarranted assumption of
power, derogatory to the principles of the Constitution and subversive
of the constitutional rights of the Senate as an independent co-ordinate
branch of the legislature ; and because in the election of Judges and
certain State officers the provision in the Constitution of Tennessee on-
ly authorises the election to be by ''joint vote," but in no form of words
prescribes that the Houses shall assemble in what is called convention of
the two Houses, in one hall.
28. Because of all the facts and reasons before set forth, and for many
Other good and.valid causes, the undersigned solendy protest against
all the proceedings herein before set forth ; and claim the right, and re-
quire that the same be spread at length upon the journal of the Senate
for the information of the people of the State at large, and -especially for
the information of their own constituents. Acting upon their best judg-
meats, and relying upon the rectitude of their intentions, the undersign-
ed take a direct appeal to th.e freemen of Tennessee. By their decision
they will cheerfully abide,
S. H. LAUGHLIN, of Warren.
JOHN A. GARDNER, of Weakley.
J. P, HARDWICKE, of Dickson.
A. JOHNSON, of Greene.
SACKFIELD MACLIN, of Fayette.
On motion of Mr. Turney,
The Senate adjourned until Monday morning next, at 9 o'clock.
MONDAY, December. 13, 1841,
rJ'Mr. Miller presented the petition of Thomas Robinson, of the Ocoee
District, praying that eighty dollars be refunded to him by the State-o*
account of a mistake in entering a tract of land insSid District.
Which being read,
Was 1 .id on the table. ^ of Maury, Bed-
Mr. Martin presented petitioqs from sundry Gitiz$ authorising R1;q
ford, and Marshall, praying that a law may be J,Ybia and Shelbyvi'h>
dams to be erected on Duck river, between Gy he repealed,
or that the act. declaring said river navigahb
Which being read,
On motion of Mr.. Martin, oie Hou'se of Representatives.
It was ordered to be traqsmitte^ion of the amendment of»the Hons-*
The Senate took up the amendment of the Senate, to ^ a hdt
** Representatives, made-^ives to change (he time of hoidmg tfie
om.the House of Re
324
JOURNAL OF
Circuit Court for the >th Judicial District, and the Chancery Courts m
Cjlarksville and Charlotte." •' '
When, on motion of Mr. Frey,
, Said bill and amendment was laid on the table. ^
Air. Foster, from the Committee on the Judiciary, to whom had been
referred.'" a bill from the House ' of .Representatives to make legal all
the official acts of James Rose as deputy Clerk of the County Court of
Shelby county, reports that said committee have had the same under con-
bideration.
And before the coming in of said report and instruction'of said coin-
rnittee, ^ ', ' .
- Mr. LedSeltffi- moved to lay said bill on the table.
,W iiicfi motion prevailed. '•
The Senate, on motion of Mr.TIardvvieke,
- Took up and considered a resolution by him submitted on the 8th De-
Cumber, 18H* directory to the Bank of Tennessee, touching certain pro-
coedmgs in said Bank
V» hich being read, was adopted.
Ordered, That 1 he clerk acquaint the [louse of Representatives there-
with, and'ask their concurrence thereira. 1
Mr. Ledbetter submitted the following:
Whereas, au extra session of the General Assembly must necessarily
<be Called in the year' 1842—therefore
Resolved, That the two Houses will adjourn sine die on Friday, the
fMt'n instant. • • \ -
Which being read, was laid on the table.
Mr. jLayghlio submitted the following:
■ Resolved by the General Assembly of Ike Sia'c oj Tennessee, That
'he President and Directors ol the Rank of the State of Tennessee, and
die President and Directors of the Union Rank of the State of Tennes-
see, and the President and Directors.of the Planters' Bank of the State,
of Tennessee, and the President and Directors of the Farmers' and MerV
•'.e,halts' Bank of .Memphis, he and they are hereby each severally requir-
ed ^communicate to this General Assembly,, iu the form of a written
■report, to be officially made by the Presidents and Cashiers of said
iJrjnksC sue!) proposition as said Presidents and boards of Directors
■■ expedient to make in regard to the resumption of specie
pax m(uvW^said Banks/and that they be required severally to,state and-
.,:omn.nrnc report full and direct answers to ti e faliowing inter-r
rogatories : AM V . . °
] what tinicx % , 1
2 WfVwabh'-'dav, ban yftl a view, that the same may be at the earliest
luvaiwe that such ,reguiiqfek resume specie payments, under the as-
^ 2. -Vv hat has'1 been the ahihsM be permanent?
-our Bank, since the FiispensioiMsemi-aniiual rate" of profits made by
"ohcro31)v to WtOctober, 1841 >xcie payments in the month ofOc-
pi aet-icnble for your BaakbKA
1 Vie ')a«'uients forthwith? ' c^rrerrnmrrut 'resumption of
" "'"d/ln answering the above, the resumpnouT.. •
, «•- considered. asiWinat expected, to bvv.-p_t^V:^^^a-ncb hanks is to
vae.kq and lbe: answers are...required .to c.ouM/p the', mother
•••-' y ' ' ■. . ' —-—: _—-w,vu«rf.;oi!(
TI1J1 SENATE.
325
Resolved* That the answers to the foregoing interrogatories be veri-
fied by the oaths, on affidavit, pf the President and Cashier of said Banks
severally, according- to the best of their knowledge, opinion, and belief.
Resolved, That the Clerks of tiie Senate and House ot Representa-
fives forthwith communicate copies of the foregoing to the President of
the said Banks severally.
Which being read,
Was laid on the table.
The Senate, on motion of Mr. Ashe, took up and considered
A bill from the House of Representatives to carry into -efFect an act
of Congress, passed and approved the 18th February, 1841, authorising
the Stale of Tennessee to perfect titles to the vacant and unappropriated
lands south and west of the Congressional Reservation line.
Which bill was read a first time and passed.
On motion of Mr. Ashe,
Said bill was referred to the Committee on Public Lands.
Mr. Turney submitted the following:
Resolved by the General Assembly of the Slatt of Tennessee, That the
Comptroller audit, and the Treasurer pay to John- England, Deputy
SheiitF of White county, whatever may be due him by law for bringing
Margaret Rose, a lunatic pauper, from the county of While to the lu-
natic asylum at Nashville, by order of the County Court of White
county; provided it shall appear to them that he has performed the duty
as required by law.
Which being read,
Was laid on the table.
The Senate took up the consideration of
A bill from the House cf Representatives to refund to White county
the fines and forfeitures wrongfully paid to the Treasurer of the State.
Which was read a third and last time.
And the question, "Shall said bill pass?"" being had, was determined
in the affirmative—ayes 19, nays 2.
The a}'es and nays being demanded,
Those who voted in the affirmative were,
Messrs. Ashe, Bradbury, Gardner, Hardwicke, Jennings, Johnson,
Laughliu, Ledbetter, Maclin, Martin, Matthews, Miller, Motley, Powell,
Ross, Sevier, Waterhouse, Warner, and Mr. Speaker Turney—19.
Those who voted in the negative were,
Messrs. Frey and Nelson—2.
So said bill vyas passed upon its third and last reading.
Ordered, To be transmitted to the House of Representatives for en-
rohnent.
The Senate took up and considered
A bill from the House of Representatives to appoint guardians for in-
fants qi certain cases, and for other purposes.
Which bill, as amended by the Senate, was read a third and last time.
And the question, "Shall said bill pass?" being had, was determined
in the affirmative—ayes 15, nays G.
The ayes and nays being demanded,
Those who voted in the affirmative were,
JOURNAL OF
Messrs. Ashe, Bradbury 5 Frey, Gardner, Hardwicke, Jennings, John-'
son, L&ughlin, Ledbetter, Matthews, Motley, Nelfeon, Sevier, Warner,
and Mr. Speaker Turney—15.
Those who voted in the negative were,
Messrs. Maclin, Martin,Miller, Powell, Ross, and Watirhouse—6.
So said bill passed on its third and last reading.
Ordered, To be transmitted to the House of Representatives for en-
rolment.
The Senate, on motion of Mr. Ledbetter, took np and considered
A bill from the House of Representatives to suppress illegal voting.
Which was read a first time and passed.
Mr. Martin moved that twenty-five copies of said bill be printed for
the use of the Senate.
Which motion prevailed.
The Senate took up and considered
A bill from the House of Representatives creating "William Staples, of
Morgan county, a corporation sole, for the purpose of constructing a
turnpike road.
Which bill was read a first time and passed.
The Senate took up and considered
A bill from the House of Representatives to amend an act entitled "an
act to equalise the stay of executions lendered by justices of the peace,
on all sums," passed February 22d, 183G, so as to give a longer time for
stays of execution.
Which bill was read a first time and passed.
The Senate took up and considered
A bill from the House af Representative's to change the time of hold-
ing the Circuit Courts for the counties of McNairy and Hardeman, ar.d
to attach Tipton county to the 10th Judicial Circuit.
Which was read a first time and passed.
The Senate took up and considered
A bill from the House of Representatives for the relief of the com-
niisstoners appointed to supeiintend the improvement of the navigation
of French Broad river at the Hanging Rock and Seven Islands.
Which bill was read a first time and passed.
The Senate took up and considered
A bill from the House of Representatives fo establish the time and
place of sales of certain property under execution.
Which bill was read a first time and passed;
The Senate took up and considered
A bill from the House of Representatives to amend the law in relalicu
to the exemption of certain property from execution.
Which bill was read a first tune.
Mr. Turney moved to amend said bill by inserting therein after the
words " cases of ordinary execution," the words " in criminal as well
as civil cases."
Which amendment being considered by the Senate, was adopted.
Mr. Matthews moved to amend said bill by adding thereto the "follow-
ing:
Sec. 2. Be it enacted, Tint in addition to the articles heretofore ex.
THE SENATE,
327
etnpt from execution, that there shall be exempt also one other bed and
furniture, containing not more than twenty-five pounds of feathers, and
also one other cow and calf.
Which being iead,
Mr. Ross moved to amend the amendment offered by Mr. Matthews
by striking out the words 41 and also one other cow and calf."
The question then recurred upon the amendment offered by Mr. Rosa
to the amendment of Mr. Matthews, which being considered was de-
termined in the affirmative—ayes 15, nays C.
The ayes and nays being demanded,
Those who voted in the affirmative were,
Messrs. Ashe, Frey, Gardner, Hardwicke, Jennings, Ledbetter, Mil-1
ler, Motley, Nelson, Peyton, Powell, Ross, Sevier, Warner, and Mr.
Speaker Turney—15.
Those who voted in the negative were,
Messrs. Johnson, Laughlin, Maclin, Matthews, AVaterhouse, and AVil-
Hams—6.
So said amendment was adopted.
Mr. Nelson moved the indefinite postponement of said bill.
AVhich motion was rejected.
The question then recurred upon the adoption of the amendment of-
fered by Mr. Matthews, as amended, and the sense of the Senate there*
on being had, was adopted.
And said bill, as amended, was read a first time and passed.
Mr. Ashe introduced
A bill to make provisions for the Supreme Court of Errors and Ap-
peals.
AVhich was read a first time and passed.
The Senate took up and considered
A bill to compel the Judges of the Supreme Court to give written
opinions in all cases in their Courts, including its present term, and the
Reporter of the State to report the same.
AVhich bill was read a second time and passed.
The Senate took up and considered
A bill to allow the Secretary of State compensation for arranging. ancS
having bound Certain acts and journals.
Which bill was read a second time and passed.
The Senate, on motion of Mr. Hardwicke, took up and considered:
A bill to amend the act of 1835, chapt. 13.
AA'hich being read,
Mr. Foster moved to amend said bill by insetting after the words ure=
tail merchants shall," ihe Word " heretofore."
Mr. Foster moved further to amend said bill by adding thereto the
following: 44 or when a judgment or judgments shall have been recover-
ed for the penalty of, or taken by the act of 1835, chapter 13; and
provided such merchant or merchants shall, by satisfactory proof, make
it appear to the Judge of the Court in which said judgment was rendered,
that the goods, wares, and mesehandize Were destroyed'in the^manner in
this act mentioned.'*
JOURNAL OF
Which amendments being read and considered of by the Senate, were
adopted. ,
And said bill, as amended, being read a third and hist time,
The question recurred upon the passage of said bill, which was had
and determined in the affirmative—ayes 20, nays 1.
The ayes and nays being demanded,
Those who voted in the affirmative were,
Messrs. Ashe, Bradbury, Foster, Frey, Gardner, Hardwicke, Jen-
nings, Laughlin, Ledbetter, Maitin, Matthews, Miller, Motley, Nelson,
Powell, Ross, Sevier, Walerhouse, Warner, "and Mr. Speaker Turnev
—20.
Mi*. Johnson voting in the negative.
tSo said biil was passed upon its third and last redding.
Ordered, To he engrossed and transmitted to the House of Represent
tatives.
*Mr. Turnev asked ami obtained leave to withdraw for amendment
A hill to prevent allowances, and to fix permanently, the fees of the
Clerks of the several Courts of this State.
On motion of Mr. Laughlin,
The Senate adjourned until J o'clock, P. M.
EVENING SESSION.
Mr. Warner introduced the following:
Resolved hj the General dtssembly of the Stale of Tennessee^ That
the Bank of Tennessee and Branches, the Planters* Bank of Tennessee
and Blanches, the Union Bank of Tennessee and Branches, and the Farm-
its1 and Merchants' Bank of Memphis, he and they are hereby severally
directed to resume pnd continue in good faith the payment of specie for
alf their notes and other liabilities respectively, on presentation at the
place where payable, which are or shall be due at the time presented for
payment.
2. Resolved, That in the opinion of tlfs General Assembly the said
Union Bank of Tennessee, the said Planters' Bank of Tennessee, and
the said Farmeis' and Merchants' Bank of Memphis, have violated and
forfeited their respective charters of incorporation.
3. Resolved, That should said LTiior. Bank-of Tennessee, said Plan-
ters' Bank of Tennessee, and said Farmers' and Merchants' Bank of
Memphis, or either of ihem, fail or refuse to resume specie payments a-,
above directed, then and in that case, the Attorney General for the Stale
shall cause to he issued, pursuant to law, a scire facias against either or
all of said Banks so failing or refusing to resume specie payments as
above directed, calling on said Bank or Banks, as the case may be, to
show cause why the charteis thereof shall not be declared forfeited.
Winch being read,
Was laid on the table.
Mr. Turr.ey, who bad withdrawn for amendment
A bill to prevent allowances, and to fix permanently, the fees of the
Clerks of the several Courts in this State,
THE SENATE.
320
Returned said bill with an amendment in lieu of the whole bill, after
the enacting clause, as follows, to wit:
u That the Clerks and Masters of the Chancery Courts, Clerks ot the
Circuit Courts, .and special Commissioners appointed under the decrees
of the said Courts, to sell real or personal estate, shall be allowed the
following fees for executing such decrees, and no other allowance shall
be made: at the rate of tour dollars for the first hundred dollarsj—at the
rate of three dollars for every hundred dollars over one hundred, and
not exceeding three hundred dollars—and at the rate of two dollars tor
every hundred dollars over three hundred, and not exceeding five hun-
dred dollars—and at the rate of one dollar and tifly cents for every
hundred dollars over five hundred, until his fee shall amount to one hun-
dred dollars, and in no case shall his fees or commissions exceed the said'
sum of one hundred dollars."
Which being read,
Was adopted.
And so said bill as amended, ivasjt'ead a second time and passed.
A message from the House of Representatives, by Mr. Mitchell, their
clerk:
Mr. Speaker : The House of Ijlspresentativen have taken up and
read the petition of the heirs of Isaac Baker, deceased, praying that said
heirs may be by law, authorised to sell certain land belonging to the
senior and minor heirs of said Isaac Baker,
Which I am directed to transmit to the Senate.
Also", an engrossed bill from the House of Representatives, to amend
the charter of Martin Acadmy, at Jonesborough, and McMmn Aeade-
my, at Rogersville, and for other purposes.
Also, the Senate's bill to consolidate the funds, and to provide for
but one instead of two separate classes of common schools in the HE
wassee and Ocoee Districts, in the State of Tennessee.
Which was read a third and last time, and passed without amend-
ment.
Which bill I am directed to transmit to the Senate for enrolment.
And then he withdrew.
Whereupon it is ordered that said bill be enrolled, and signed by the
Speaker of the Senate, and transmitted to the House of Represent!!-
lives.
The Senate, on motion of Mr. Powell,
Took up and considered,
• A bill from the House of Representatives, to amend the charter of
Martin Academy, at Jonesborough, and MoMinn Academy at Roger.*-
ville, and for other purposes.
Which bill was read a first time and passed.
Mr. Gardner introduced
A bill to amend the act of 1821, chapter 14, relating to cases of forci-
ble entry and detainer.
Which bill was read a first time and passed.
Mr. Martin introduced
A bill to define and make certain the manner of laying out private
ways.
330
JOURNAL OP
Which bill was read a first time and passed^
The Senate, on motion of Mr. Miller,
Took up and considered,
A bill to allow Compensation to certain commissioners*
Which being read,
Mr. Nelson moved to amend said bill by striking out the word "two1*
occurring in said bill, after the words "shall hereafter be allowed," and
insert in lieu thereof, the word "four."
Which being considered of by the Senate,
Said amendment Was rejected.
Mr. Nelson moved to amend said bill, by striking out the latter clause
of the second section, imposing a fine upon the commissioners for fail-
ing to perform the duties imposed by this act.
And the question recurring upon the adoption of said amendment
it was detei mined in the negative—ayes 6—nays 14.
The ayes and nays being demanded,
Those who voted in the affirmative were,
Messrs. Frey, Motley, Nelson, Sevier, Warner, and W-illiams—6.
Those who voted in the negative Were,
Messrs. Gardner, Hardwicke, Jennings, Johnson, Laughlin, Ledbet-
ter, Martin, Matthews, Miller, Peyton, Powell, Ross, Waierhouse, and
Mr. Speaker Turney—14.
So said amendment was rejected.
Mr. Nelson moved to amend said bill, by inserting therein, at the
end of the first section, the following i
, hid provided, in all cases where damages may be adjudged to any
person, in consequence of said Rail Road passing through his or her
land, the person so recovering, shall vest the amount of damages in
stock in said rail road.
And the question, upon the adoption of said amendment was had,
and determined itl the negative—ayes 7—nays 14.
The ayes and nays being demanded,
Those who voted in the affirmative were,
Messrs. Ashe, Frey, Ledbetfer, Motley, Nelson, Sevier, and Wil-
liams—7.
Those who voted in the negative were,
Messrs. Gardner, Hardwicke, Jennings, Johnson, Laughlin, Martin,
Matthews, Miller, Peyton, Powell, Ross, Waterhouse, Warner, and Mr.
Speaker Turney—14.
So said amendment was rejected.
Mr. Matthews moved to amend said bill, by adding to the last section
of said bill., the following:
After the words "not exceeding ten dollars," the words "unless good
excuse be shown for not attending."
Which being read,
And the sense of the Senate thereon had, said amendment was
adopted.
Said bill as amended,-was read a third and last time,
And the question recurring upon the passage of said bill was had, and
determined in the affirmative—a vc- 12—n?.~?
THE SENATE,
331
The ayes and nays being demanded,
Those who voted in the affirmative were,
Messrs. Gardner, Hardwicke, Jennings, Johnson, Laughlin, Led*
better, Martin, Matthews, Peyton, Powell, Sevier, and Mr. Speaker
Turney-*-12.
Those who voted in the negative were,
Messrs. Frey, Motley, Nelson, Warner, and Williams—5.
So said bill was passed on its third and last Vending, was ordered to
be engrossed, and transmitted to ihe House of Representatives.
Upon the passage of this bill, Messrs. Miller and Waterhouse, being
interested in the question, were, on their motion, excused from voting,
A message from the House of Representatives, by Mr.- Mitchell, their
clerk :
Mr. Speaker : I am directed to request the Senate to transmit to
the House of Representatives the documents accompanying Governor
Polk's Message to the General Assembly.
■ And then he withdrew.
Ordered, That the clerk transmit to the House of Representatives the
several documents accompanying the message of his Excellency James
K. Polk, late Governor of the State of Tennessee, and therein referred to*
Mr. Foster submitted the following :
A bill entitled "a bill to provide lor supplying vacancies in county
court clerks and registers," transmitted from the House of Represents-
tives to the Senate for concurrence, was, by the Senate, upon its third
and last leading'in the Senate, constitutionally rejected, and an order
.made, requiring the clerk of the Senate to acquaint the House of Re-
presentatives therewith.
It is now ordered by the Senate that the clerk of the Senate trans*
mit a copy of this order to the House of Representatives for their action
on said bill.
Which on its rejection, was transmitted to the House of^Represen*
tatives.
The Senate took up and considered
A bill from the House of Representatives to abolish and discontinue
spring musters, and their Courts martial and drills.
Which bill was read a fifst time and passed, and
On motion of Mr. Hardwicke,
Was referred to the Committee on Military Affairs.
Mr. Ledbetter submitted the following;
Resolved, That so much of the Governor's Message as relates to the
act of Congress providing for the distribution of the proceeds of the"
public lands of the United Slaves, be referred to the Committee on
Ways and Means, and that they have leave to report by bill or otherwise.
Which being read,
The rule requiring said resolution to-lie over one day being suspend-
ed, said resolution was adopted.
On motion of Mr. Ledbetter,
Said resolution was referred to the Commiitee on Ways and Means.
On motion of Mr. Turnev,
The Senate adjourn-- until to-"' "",v>v-
3.32
JOURNAL OF
TUESDAY, December 14, 184J.
Mr. Ledbetter presented the petition of A. L. Cropman and G. W\
Hoovers, praying to be indemnified for moneys expended and services
rendered in arresting in the Republic of Texas, and delivering to the
proper authorities of Tennessee, Zebediah Payne, charged with the
crime of murder.
Which being read,
On motion of Mr. Ledbetter,
Said petition was referred to the Committee on Claims.
Mr. Jennings presented the memorial of Matthew Harrow, relating
to improper collection of taxes upon lands in the Western Distrh t,
praying relief.
Which being read, which with the accompany documents, was,
On motion of Mr. Jennings,
Referred to the Committee on Claims.
Mr. Frey introduced
A bill to change the dividing line between the counties of Robertson
o o
and Sumner.
Which bill was read a first time and passed.
Mr. Nelson, Chairman, from the Committee on Internal Improvements,
to whom had been referred a resolution directory to said Committee ic-
lating to the amount of money appropriated and actually expended in
the three grand divisions of the State of Tennessee, under the Internal
Improvement acts ; reports that said committee have had the same un-
der consideration, vand had directed him to submit lire report of the
Secretary of State herewith presented, and to recommend its adoption.
Which being"considered,
Mi*. Warner moved to recommit said report to said Committee on
Internal Improvements, with instructions.
"rMr. Laughlin moved that the report be recommitted to the Commit-
lee on Internal Improvements, with instructions to inquire whether the
work on the Harpeth and Farmington Turnpike road has been ahan-
doned, and whether the charter has expired, and whether the Shelby-
Wile and Fayetteville Turnpike has been abandoned, and the charter re-
Jinquished, and whether the charier of the Lebanon and Carthage.
Turnpike road has been abandoned, and whether the charter has been
relinquished, and what other roads, if any, in which the State has sub-
scribed for stock, or on which bonds have been issued, mentioned in the
report of the Secretary of State, of the 20th day of October, 1841, have
been abandoned, and on which the State bonds issued have, or will be
returned to the State, and that they report fully on all the above matters,
showing the amount of slock subscribed and bonds issued on any ofsaid
road*.
Which being read,
Mr. Warner accepts in lieu of his proposition.
Mr. Gardner moved to amend said instructions to said committee,
by adding thereto the following : "and that said committee also inquire
and report whether any charter granted by the State for any road in the
Western District, or in East Tennessee, has expired, been abandoned.
THE SENATE.
3.=* 3
or relinquished by the company, the amount actually expended in each"
of the grand divisions of the Sffite, and the amount of imitate bonds- is-
sued and delivered to each of the Internal Improvement Companies' in
this' State, and shall have power to send for persons and papers, and
examine witnesses.
Which being read,'
Said instructions as amended, were .adopted.
And said report with instructions recommitted to said committee.
Mr. Nelson, Chairman, from the Committee on Internal Improve-
ments, to whom had been referred tva bill to change the organization'of
ihe board of internal improvements,15 reports that said committee have
had. the same under consideration, and have directed him to report^ l^ili
'in* lieu of tlje whole of sajid bill, and, to recommend its passage.
Which bill is as follows:
f A bill directing the Internal Improvement books, records, and papers
to be transferee! from the office of the Secretary of State, to the office of
the Comptroller of the Tveasury, and for other purposes., ' - >'
Seg. 1. lis it enacted by the-General Assembly of the Stale of Ten-'
mssce, That all books, records, and papers relativ'e;to-the,several Inter-
' nal Improvement companies in \vhich the State is interested, be trans-
ferred from the office of ithe Secretary of State, 1o the office of the
Comptroller of the Treasury; and that said books, records, and papers
shall hereafter be and form a part of the records of the office of-the said
Comptroller,'and"transcripts of said books', records, and "papers certify
ed by the Comptroller, shall be received as evidence in the courts of
law and equity in this State. ■ ' '
■ Sec. 2. Be it further- enacted, That it shall be the duty of theComp-'
trader"to op-en in a hook, to be provided for the purpose, an account
with each Internal Improvement company, in which he .shall charge the
company with the amount of State bonds heretofore issued, and such as
may be hereafter issued, and credit the same with the amounts hereto-
fore paid, and-the amounts which may be hereafter paid by individual
"stockholders, and that said Comptroller be further required to prepare a,
hook in' which he shall register the-bonds of the State heretofore issu-
od, 'or wliich may herqafter be issued,.-showing the amount of bonds
issued to each company, together with the number, letter, -and date of
each bond, and that in order enable the Comptroller to prepare sai.d
register, he shall have access to the register kept in ihe. Bank of Ten-'
nessee. , • ' * • ■ , 1
Sec. 3. - Be il'further enacted!,, Th a t it shall be the duty of the Comp-
. troller, in regular reports to the General Assembly, to report the nmourt
of State bonds issued to each company, ?nd that he further show in
sifyl report the amount received in dividends from each company.
Sec. 4. Be f-further enact A., That so much *>f an act passed on the-
25th of January, 1340, as -makes PiV Governor, Comptroller, and At-,
torneV' General a boaM of Internal Improvement, &e..be and ffi'e. same i-a
hereby ,'ronealed, and that ip iwu thereof the Comptroller, President ,6f
'the Bank of'Tennessee, and the See re'my, of Style .sit a 11 en mpo.se a
board of Tntern-t! Improvement, of - which the Comptroller shall bo'
334
JOURNAL OF
chairman, and shall perform all the duties required by the former board,
•and keep regular minutes of all the proceedings.
Sec. 5. Be it further enacted, That it shall be the duty of the board
hereby appointed, in addition to the duties prescribed in the act of 20th
of January, 1840, to require each Internal Improvement company to
make a report semi-annually to said board, in which the company slid!
show the condition and progress making in their work, a failure or re-
fusal on the part of any company or companies shall operate as a cause of
suspension of the further issue of the bonds of the State to such com-
pany cr companies.
Sec, 6. Beit further enacted, That whenever said board shall dis-
cover fraud in the transactions of any company or companies, in viola-
tion or evasion of their charters, with a view to defraudthe State, the
said board shall forthwith report the facts to the Governor, whose duty
it shall be to cause the Attorney General of the State, either by hiraseit'
or the Attorney of the district, to commenee such legal proceedings
as are required by the act of the 25th of January, 1§40.
Sec. 7. Be it further enacted, That said board one week before the
meeting of said session of the General Assembly, shall make a report
Ao the Governor of the proceedings, embracing all such information as
they may be enabled to obtain, touching the condition, conduct, sand
progress of each Internal Improvement company, which repoit the
Governor shall lay before the General Assembly.
Sec. 8. Be it further enacted, That when the said board of Com-'
missioners shall be satisfied that any Internal Improvement company
has complied in good faith wit'h all the requirements of their respective
charters, and they are entitled to receive payment of the State, then
they shall communicate the same to the Governor in writing, the amount
said company is entitled to, who shall forthwith execute and deliver
the amount of the same in bonds to the Bank of Tennessee as required
by law.
Which bill reported by said Committee, being read, was adopted in
lieu of the original bill, and said report concurred in.
And said bill was read a second time and passed.
Mr. Ledbetter, Chairman, from the Committee on Ways and Means,
to whom had been referred the petition of John H. Lynum, relative to
the right of rceupancy in a certain tracl? of land, reports that said
committee have had the same under consideration, and think it unrca-
sonable and improper, and should not be granted, and have directed him
so to report, and to recommend its rejection.
Which report being considered of by the Senate, is concurred m.
And said petition is thereupon rejected.
Mr. Leilhetter, Chairman, from the Commute on Ways and Means, tr
whom had been referred »
A bill to amend an act passed the 9th day of February, 1836, chap-
ter 15, reports that said committee nave had the same under consider*-
tion, arid have directed him to report an amendment in lieu ofjhe whoie
bill after the caption, and to recommend its passage.
Which amendment made by the committee i= as follows :
Sec. I. lie it enacted by the Gc/it#ui nf Ter-
THE SENATE,
nesess, That the sheriffs and collectors of the county taxes, shall pay
over and account for the same on or before the 1st day of December, in
each year, »n the same manner and under the same p.nalties as are now
prescribed by law.
Which report is concurred in.
And said bill as amended, was read a (second time and passed.
Mr. Powell submitted the following:
Resolved, That a select committee to consist of five members, be ap^
pointed by the chair, with instructions to report a bill, authorising a pur-
chase of the bonds of the State of Tennessee, with the stock held by
the State in the Union Bank of Tennessee.,
Which was read and laid on the table.
Mr. Gardner introduced
A bill to incorporate the Tennessee State Agricultural Society,
Which bill was read a first time and passed.
The Senate, on motion of Mr. Jennings, took up and considered
A bill to allow the Secretary of State compensation for arranging
and having bound, certain acts and journals.
Which bill was read a third and last time, and the question, " Shall
s^id bill pass?" was had, and determined in the affirmative—ayes 23—
nays none,
The ayes and nays being demanded,
The affirmative voters were,
Messrs. Ashe, Bradbury, Frey, Gardner, Hardwicke, Jennings, John-
son, Laughlin, Ledbetter, Maclin, Martin, Matthews, Miller, Motley,
Nelson, Peyton, Powell, Ross, Sevier, Waterhouse, Warner, Williams,
and Mr. Speaker Turney—23.
The negative voters were none.
So said bill was passed upon its third and last reding, was ordered
to be engrossed and transmitted to the House of Representatives
The Senate took up the consideration of 9
A bill from the House of Representatives, to amend the charters of
the Martin Academy at Jonesborough, and McMinn Academy at Ro-
gersville, and for other purposes. When
On motion of Mr. Johnson,
Said bill was laid on the table.
Mr. Maclin introduced
A bill for the use of the Soinmerville college.
Which bill was read a first time and passed.
The Senate, on motion of Mr. Laughlin, took up and considered a
resolution by him submitted on yesterday, on the subject of the resump-
tion of specie payments by the Banks, within ihe State of Tennesset,
and propsing certain interrogatories to the officers of the Banks.
Which being read, was adopted.
Ordered, That the clerk acquaint the House of Representatives there-
with, and ask their concurrence therein.
The Senate, on motion of Mr. Turney, look up and considered a re-
solution by him submitted on yesterday, lor the relief of John England,
late deputy sheriff of White county, for carrying Margaret Rose, a iu-
j.atie pauper, from Sparta to the Lunatic Asylum, at Nashville.
JOURNAL OF
Mr. Turney moved the following amendment:
Resolved by the General Jlcscmbiy of the State of Tennessee, That the
Comptroller audit, and the Treasurer pay to John England, deputy
sheriff of White county, whatever maybe due him bylaw, for bringing
Margaret Rose, a lunatic pauper, from the county of \Yhite, to the Lu-
untie Asylum, at Nashville, by an order of the county court of White
count, provided it shall appear to them that he has performed the duty
required by law.
Mr. Led better moved the following further amendment:
Resolved further, That the Comptroller audit, and the Treasurer pav
t0 Saunders, Deputy Sheriff of Rutherford county, the amount
that may be clue him for bringing a lunatic pauper from said county to
the Lunatic Asylum at Nashville, under an order of the County Court of
Rutherford, provided it shall appear that he has performed the service*
as required by law.
Mr. Turney moved the further amendment.:
Provided it shall appear that there was no estate of the said lunatic to
pay the same.
Mr. Sevier moved the following amendment :
Resolved, That the Comptroller be directed to audit, and the Treas-
urer directed to pay to John Noiman, Sheriff of Carroll county, the sum
of'thirty-nine dollars, for the transportation of Edward Harris, a lunatic
pauper, from Carroll county to the lunatic asylum, provided the same
appears to be due by law.
Which resolution, as amended, being read, was adopted.
Ordered, That the clerk acquaint the House of Representatives there-
with, and ask their concurrence therein.
On motion of'Mr. Turnev,
The Senate adjourned until 2 o'clock, P. M.
EVENING- SESSION.
On motion of Mr. Foster,
The Senate adjourned until to-morrow morning, 9 o'clock.
WEDNESDAY, DECEMBER 15, 1841.
Mr. Johnson presented the petition of John Giaddin, and sundry citi-
zens of Greene county, praying that a law be passed dissolving the bonds
of matrimony existing between the said John Giaddin and his wife Re-
becca.
Which being read, was,
Un motion of Mr. Johnson,
Laid on the table.
Mr. Johnson presented the petition of the securities of M. G. Fellows,
late Sheriff of Greene county, and the petition of sundry citizens of
Greene comity, praying that said securities may be released from the
payment of certain sums of tnerev in sftsd petition mentioned, payabh
to the State of Tenne see.
'Which being read,
THE SENATE.
337
On motion of Mr. Johnson,
Said petition was referred to the committee on Claims.
Mr. Frey, chairman from the committee on Enrollments, reported as
"correctly enrolled,
An act to consolidate the funds, and to provide for but one instead of
two separate classes of common schools in the Hiwassee and Ocoee Dis-
tricts in the State of Tennessee.
Also as correctly enrolled
A resolution directory to the Bank of Tennessee, to pay to the Trus-
lee of Henderson County the distributive share of said county out of the
common school funds for 1841, upon the bank fund, making certain en-
•quiries and being satisfied in relation thereto, with certain instructions to
the Treasurer and said Bank relative to said payment.
Whereupon the Speaker of the Senate signed said enrolled act and
resolution, and ordered that the same be transmitted to the House of Rep-
resentatives for the signature of the Honorable Speaker thereof.
Mr. Frey, chairman from the committee on Enrollments, reported as
correctly enrolled
An act to allow the Secretary of State compensation for arranging and
having bound certain acts and journals,
Whereupon the Speaker of the Senate signed said enrolled act and
'ordered that the same be transmitted to the House of Representatives for
the signature of the Honorable Speaker thereof.
Mr. Ledbetter submitted the following:
Whereas, a bill has been filed by the Attorney General on behalf of the
State of Tennessee, in the chancery court at Murfreesboro, against the
Jefferson Turnpike Company, upon an allegation of fraud, in the obtain-
ing the bonds of the State, and
Whereas, the Stockholders and Directors have denied the material alle-
gations in the bill; therefore
Resolved, That a Select committee of members be appointed
to take into consideration the matters alleged in the bill and answer, with
a view to a speedy adjustment of the suit, if the same can be done con-
sistent with the interest of the State, and report in the premises.
Which being read was laid on the table.
Mr. Waterhouse introduced
A bill to refund to John Hoyal and Thomas McCallie, the consider^-
lion money paid by them in making Entry No. 521, in the Ocoee District.
Which bill was read a first time and passed.
The Senate on motion of Mr. Foster, took up and considered
A bill to encourage domestic manufactures.
Which being read,
Mr. Johnson moved to amend said, bill, by adding to the last section
thereof the following :
The Legislature may at any time alter or repeal this act,
Which amendment being read and considered was adopted.
Which bill as amended was read a second time and passed.
The Senate on motion of Mr. Waterhouse, took up and considered
24'
338
JOURNAL OF
A bill to divide the Statoof Tennessee-into, Senatorial and Kepresea-
tative districts.
Which bill b.ejng read by Districts and Sections,
Mr. Powell moved to fill lite blank in the first Senatorial district with
the word " Elizabethton,"
Which being read was adopted.
Mr. Johnson moved to fill the blank.in the second Senatorial district
with the word Greenville."
Winch being read and considered, said amendment was adopted.
Mr. Waterhouse moved to amend said bill by filling the blank in that
part comprising the third Senatorial district, with the word " Sevier-
viile.17
Which being read and considered was adopted.
Mr. Waterhouse, moved further to amend said bill, comprising the
fourth Senatorial district, by filling the blank therein with the word
il Jacksborough."
Which being read and considered of by the Senate, was adopted.
Mr. WaTerhouse moved further to amend said bill, comprising the fifth
Senatorial district, by filling the blank therein with the word " Knoxville."
Which being read and considered was ad,opted,
Mr. Miliar moved to amend said bill, comprising, the sixth'Senatorial
district, by.filling the blank therein with the word Athens."
Which being- read and considered of by the Senate, was adopted.
Mr. Waterhouse moved to amend said bill,^comprising the seventh
Senatorial district, by filling the blank therein, with the word " Washing-
ton."
Which being read and considered of by the Senate, was adopted.
Mr. Turney moved to amend said bill,in that part comprising the eighth
Senatorial district, by inserting the word u Van Buren," after the word
" PeKalb."
Mr. Frey offered the following in lieu of the amendment of Mr. Tur-
ney, and moved its adoption,
Which amendment is as follows,to wit:
1. The counties of Whjte, Overton, Fentress and Jackson, shall com-
pose one Senatorial district, and shall elect one Senator, and the . polls
shall be compared at
2. The counties of Van Buren,, Warren, Cannon and Dekalb, shall com-
pose one Senatorial district, and shall elect one Senator, and the, polls
shall be compared at •
3. The counties of Franklin and Lincoln, shall compose one Senatorial
district, and shall elect one Senator, and the polls shall be compared at
4. The counties of Coffee and Bradford, shall compose one Senatorial
district, and shall elect one Senator, and the polls shall be compared at
5. The counties of Maury and Marshall, shall compose one Senatorial
district, and shall elect one Senator, and the polls shall be compared at
6. Th.e counties, of Giles, Lawrence and Wayne, shall compose one
THE SENATE.
Senatorial district, and shall elect one Senator, and the polls shall be com*
pared at
T. The counties of Hickman, Dickson, Humphreys and Stewart, shall
compose one Senatorial district, and shall elect one Senator, and the
polls shall be compared at > k
S. The counties of Robertson and Montgomery shall compose one Sen-
atorial district, and shall elect one Senator, and the polls shall be com-
paved at Port Royal, Montgomery county,
9. The counties of Sumner and Smith, shall compose one Senatorial
district, and shall elect one Senator, and the polls shall be compared at
Hartsville, Sumner county.
10. The county of Davidson shall compose one Senatorial district, and
shall elect one Senator, and the polls shall be compared in the city of
Nashville.
11. The county of Wilson shall compose one Senatorial district, and
shall elect one Senator, and the polls shall be compared at Lebanon.
12. The counties of Rutherford and Williamson shall compose one
senatorial district, and shall elect one Senator and the polls shall be com-
. pared at-.
And the question upon the adoption of said amendment being had, was
decided in the negative—ayes 12 nays 13.
The ayes and noes being constitutionally demanded,
Those who voted in the affirmative were :
Messrs Ashp, Bradbury, Foster, Frey, Jennings, Ledbetter, Motley,
Nelson, Peyton, Reneau, Sevier and Williams—12.
T.hose who voted in the negative were
Messrs Gardner, Hardwick, Johnson, Laughlin, Maclin, Martin Mat-
thews, Miller, Powell, • Ross, Waterhousc,- Warner and rnr. Speaker
Turney—13...
So said amendment was rejected.
The question then recurred upon the adoption of the amendment offer-
ed by.mr. Turney, which was had and determined in the affirmative.
So said amendment was. adopted.
Mr. Jennings moved the< following :
That the bill be referred to the Select committee on the subject, with
instructions to the said committee to report amendments, which will so
change the provisions of the, bill, that it will make as little alteration in
the existing- arrangement of the Senatorial and Representative Districts
of the State as is consistent with tthe directions of the constitution, in re-
gard to future elections in the new counties and with a strict regard to a
proper equalization of representative influence, and with further instruc-
tions to said committee to have a strict regard to the existing condition of
parties in the State, so that if practicable neither party may gain any de-
cided advantage in the plan of remodeling the districts, which said com-
mitfee may see proper to recommend."
Which being read—
Mr. Foster moved to amend the reference with instructions to the se-
lect committee,.offered .by Mr. Jennings, as follows-:. A select committee
340
JOURNAL OIV
of six to be composed of one Senator of each political party from each
grand division of the State."
Which being Tead, and the sense of the Senate thereon had, it was re-
jected.
The question then recurred upon the adoption of the motion of mr.
Jennings, referring said bill to a select committee with instructions ;
Which being bad, was determined in the negative—ayes, 11—nays,
13.
The ayes and nays being demanded by Mr. Jennings,
The affirmative voters were :
Messrs. Ashe, Bradbury, Foster, Frey, Jennings, Ledbetter, Motley,
Nelson, Peyton, Sevier and Williams—11.
The negative voters were:
Messrs. Gardner, Hardwicke, Johnson, Laughlin, Maclin, Martin,
Matthews, Miller, Powell, Ross, Waterhouse, Warner and mr. Speaker
Turney—13.
So said motion to refer said bill was rejected.
Mr. Turney moved to amend said bill in that part composing the eighth
Senatorial district, by filling the blank therein, with the words " White
Plains."
Which being read and considered by the Senate, was adopted.
Mr. Laughlin moved to amend that part of said bill composing the ninth
Senatorial District, by filling the blank therein with the word " Hillsbo-
rough."
Which being read and considered by the Senate, was adopted.
Mr. Turney moved to amend said bill in that part composing the nmth
Senatorial District, by striking out the word " Van Buren."
Which being considered by the Senate, was adopted.
So said amendment was made.
' Mr. Turney moved further to amend said bill, by striking out of that
portion of the bill composing the ninth Senatorial District, the word
"Franklin," and to add the word "Franklin" in that part of the bill
composing the ninth Senatorial District, after the word " Cannon."
Which amendments being considered by the Senate, were adopted.
So said amendments were made.
Mr. Ross moved to amend said bill in that part composing the tenth
Senatorial district, by filling the blank therein with the word "Fayette-
ville."
Which being considered by the Senate, said amendment was adopt-
ed.
Mr. Turney moved to amend said bill in that part composing the elev-
enlh Senatorial District, bv filling the blank therein with the word
" Granville, Jackson county."
Which being considered by the Senate, said amendment was adopted.
Mr. Warner moved to amend said bill in that part composing the four-
teenth Senatorial District, by filling the blank with " Fannington, Mar-
snal county."
Which being considered by the Senate, said amendment was adopted.
Mr. Ross moved to amend said bill in that part composing the fifteenth
THE SENATE.
341
Senatorial District, by filling the blank therein with the words "Lynn-
ville, Giles county."
Which being considered by the Senate, said amendment was adopted.
Mr. Gardner moved to amend said bill in that part composing the eigh-
teenth Senatorial District, by filling the blank therein with the words
" Cross Plains, Robertson county."
Which being considered by the Senate said amendment was adopted:
Mr. Matthews moved to amend said bill in that part composing the
twentieth Senatorial District by filling the blank therein wTilh the word
" Wayoesborough."
Which being considered by the Senate said amendment was adopted.
Mr, Gardner moved to amend that part of the bill composing ihe twen-
ty-first Senatorial District, by filling the blank therein, with the word
" Dresden."
Which being considered by the Senate, said amendment was adopted.
Mr. Sevier moved to-amend said- bill in that part composing the twen-
ty-second district, by filling the blank therein with the word " Ripley."
And. the question thereon being had, it was determined, in the nega-
ative—Ayes, 5—Nays, 18.
The ayes and nays being demanded,
The affirmative voters were :
Messrs. Ashe, Bradbury, Jennings, Sevier and Williams—5.
The negative voters were :
Messrs. Frey, Gardner, Hardwicke, Johnson, Laughlin, Ledbetter,
Maclin, Martin,Matthews, Millerj Motley, Nelson, Peytoh, Powell,
Ross, Waterhouse, Warner, and mr. Speaker Turney—18.
So said amendment was rejected.
Mr. Sevier moved to amend said bill in that part composing the
twenty-second senatorial district, by striking out the word " Perry,"
and insert in lieu thereof, the word " Dyer." 1
And the question being thereon had, it was determined in the nega-
tive—ayes, 11—nays, 13.
The ayes and nays being demanded,
The affirmative voters were :
Messrs. Ashe, Bradbury, Foster, Frey, Jennings, Ledbetter, Motley,
Nelson, Peyton, Sevier and Williams—11.
The negative voters were :
Messrs. Gardner, Hardwicke, Johnson, Laughlin, Maclin, Martin,
Matthews, Miller, Powell, Ross, Waterhouse, Warner and mr. Speak-
er Turney,. 13.
So said amendment was rejected.
Mr. Sevier moved to amend said bill by striking Out of that part
composing the twenty-second senatorial district the word "Perry,"
and inserting in lieu thereof, the word " Weakley."
And the question thereon being had, it was determined in the nega-
tive—ayes, 11—noes 13.
The ayes and nays being demanded thereon,
The affirmative voters were :
342
JOURNAL OF
Messrs. Ashe, Bradbury, Foster, Frey, Jennings, Ledbetter, Motley,
Nelson, Peyton, Sevier and Williams—11.
The negative voters were :
Messrs. Gardner, Hardwicke, Johnson, Laughlin, Maclin, Martin,
Matthews, Miller, Powell, Ross, Waterhouse, Warner and mr. Speak-
er Turney—13.
So said amendment was rejected.
Mr. Gardner moved to amend said bill in that part composing the
twenty-second senatorial district by filling the blank therein with the
word " Huntingdon."
"Which being considered by the Senate, said amendment was adopt-
ed.
Mr. Gardner moyed to amend said bill in that part composing the
twenty-third senatorial district, by filling the blank therein with the
word "Lexington."
Which being considered by the Senate, was adopted.
Mr. Maclin moved to amend that part of the bill composing the
twenty-fourth senatorial district, with the word"Middleburg."
Which being considered by the Senate, said amendment was adopt-
ed.
Mr. Maclin moved to amend that part of the bill composing the
twenty-fifth senatorial district, by filling the blank therein with the
word " Covington."
Which being considered by the Senate, said amendment was adopt-
ed.
Mr. Turney moved to amend the second section of said bill by in-
serting therein, after the word " Warren," the word Lincoln."
Which being considered by the Senate, said amendment was adopt-
ed.
Mr. Turney moved to amend the third section of said bill by strik-
ing out after the word " Smith," the word "Lincoln."
Which being considered by the Senate, said amendment \vas adopt-
ed.
Mr. Miller moved to amend, that the counties of McMinn, Monroe,
Bradley, and Polk shall elect one Representative jointly, by filling the
blank therein with the word « Athens."
Which being considered by the Senate, said amendment was adopt-
ed.
Mr. Waterhouse moved to amend said bill in that part directing
that the counties of Knox and Blount shall elect one Representative,
by striking out the word " Blount," and insert in lieu thereof, the words
" Anderson and Campbell," and to fill the blank therein with the
word « Clinton."
Which being considered by the Senate, said amendments were
adopted.
Mr. Waterhouse moved the following amendment to the 3rd section
of said bill:
" The counties of Blount and Sevier shall elect one Representative
jointly, and the polls shall be compared at Maryville in Blount coun-
ty."
THE SENATE.
343
Which beihg considered by the Senate, said amendment was adopt-
<ed.
Mr. Waterhouse moved to amend that part of said bill—" The
counties of Bledsoe and Morgan shall elect one Representative jointly,"
by filling the blank therein, with the words " John Kimmers in Bled-
soe county."
Which'being considered by the Senate, said amendment was adopt-
ed.
Mr. Waterhouse moved to amend said bill in that part, " the coun-
ties of Rhea and Meigs shall elect one Representative jointly," by fill-
ing the blank therein, with Washington, Rhea county."
Which being considered by the Senate said amendment was adopt-
ed.
Mr. Waterhouse moved to amend said bill in that part—"that the
counties of Marion and Hamilton shall elect one Representative," by
filling the blank therein -with the words, " Chattanooga, Hamilton
county."
Which b'eing considered by the Senate, said amendment was adopted.
Mr. Waterhouse moved to amend said bill "in that part " that the
bounties of Cocke and Sevier shall elect one Representative" by strik-
fig out the word " Sevier," 'and to insert in lieu thereof, the word
Jefferson," and to fill the blank therein with the words " Dandridge,
jefierson county."
Which being considered by the Senate, said amendments were a-
j'opted.
Mr. Powell moved to amend said bill in that part, "the counties of
j'arter and Johnson shall elect one Representative," by filling the
{dank therein with the words " Elizabethton, Carter county."
Which being considered by the Senate, said amendment was adopt-
(d.
Mr. Johnson moved to amend said bill in that part, " the counties
of Green and Washington shall elect one Representative" by filling
fhe blank therein with the words "Joshua Ricton, Washington coun-
ty."'
Which being considered by the Senate, said amehdment was a-
tlopted.
Mr. Johnson moved to amend said bill in that part, " the counties of
Hawkins and Sullivan shall elect one Representative," by filling the
blank therein with the words "Kingsport, Sullivan county."
Which amendment was adopted.
Mr. Turney moved to amend said bill in that part, "the counties of
Rentress, Overton, White and Van Buren shall elect one Representa-
tive," by filling the blank therein, with'the words " White Plains."
Which being considered by the Senate, said amendment was adopt-
Vd.
Mr. Turney moved a re-consideration of the vote in relation to the
Comparing the vote of the counties of Fentress, Overton, White and
Van Buren, for a Representative between said counties jointly to be
H White Plains.
' Which motion prevailed—
344
JOURNAL OF
When mr. Turney moved to amend said bill by striking out "White
Plains" and insert the word "Livingston."
Which being considered by the Senate, said amendment was adopt-
ed.
Mr. Warner moved to amend said bill in that part, "the counties of
Bedford and Marshall shall elect one Representative jointly," by filling
the blank therein with the word " Farrington, Marshal county."
Which being considered by the Senate, said amendment was adopt-
ed.
Mr. Gardner moved to amend said bill in that part, " the counties
of Robertson and Sumner shall elect one Representative," by filling
the blank therein with the words " Cross Plains, Robertson county."
Which being considered by the Senate, was adopted.
Mr. Gardner moved to amend that part of the bill, "the counties of
Tipton and Lauderdale shall elect one Representative," by filling the
blank therein with the word "Covington."
Which being considered by the Senate said amendment was adopt-
ed.
Mr. Gardner moved to amend said bill in that part, " the counties of
Dyer and Obion shall elect one Representative," by filling the blank
therein with the words, " Johnsville, in Dyer county."
Which being considered by the Senate, said amendment was adopt-
ed.
JVIr. Waterhouse moved to amend said bill, in that part—" the coun-
ties of Campbell and Anderson shall elect one Representative,'.' by
filling the blank therein with the word "Jacksborough, Campbell
county,"
Which being considered by the Senate said amendment was adopt-
ed.
Mr. Miller moved to amend said bill in that part, " the counties of
Bradley and Polk, shall elect one Representative," by filling the blank
therein with the words " Cleveland, Bradley county."
Which being considered by the Senate, said amendment was adopt-
ed.
Mr. Turney moved a re-consideration of the vote of the Senate, filling
the blank in that part of the bill, " that Fentress, Overton, White and
VanBuren, shall elect one Representative/ with the word' Livingston/
Which motion prevailing—
Mr. Turney moved to amend said bill, by striking out the word
" Livingston," and insert in lieu thereof, " Sparta, White county."
Which motion prevailing, said amendment was adopted.
On motion of mr. Turney,
Said bill was laid on the table.
On motion of mr. Nelson,
The Senate adjourned until 2 o'clock, p. m.
evening session.
Mr. Gardner introduced the following:
Resolved by the General Assembly of the State of Tennesssee,
THE SENATE
345
That there be a joint select committee appointed to consist of three
members on part of the Senate, and five on part of the House of Rep-
resentatives, who shall be members from the Western District of this
State, whose duty1 it shall be to take into consideration, the expedien-
cy and constitutionality of ceding that portion of this State lying west
of the Tennessee river, commonly called the Western District, to the
Government of the Untied States, for the purpose of being formed in-
to a separate, ^independent and sovereign State to be called Jack-
soniana, with leave to said committee to report by bill or otherwise.
Resolved, That his Excellency the Governor, James C. Jones, be
and he is hereby required, to open and hold correspondence >vith the
Governors of the States of Kentucky and Mississippi, for the purpose
of learning their opinions and feelings in regard to the propriety of
making said cession, and the disposition of said States to cede to the
General Government a portion of their territory, to be embraced in
and form a part of the contemplated State of Jacksoniana when form-
ed; and for the further purpose of respectfully requesting them to sub-
mit, this subject to the consideration of their respective Legislatures at
their next session.
Which being read, was laid on the table.
The Senate took np and considered
A bill from the House of Representatives, to make legal all the offi-
cial acts of James Rose, as deputy clerk of the County court of Shelby
county.
Which bill was read a second time and passed.
Mr. Ross returned without" amendment,
A bill from the House of Representatives, to amend the law in re-
lation to common schools in -Lincoln county.
Which bill was read a third and last time, and the question,
Shall said bill pass ?
Was had and determined in the affirmative.
So said bill was passed upon its third and last reading, and ordered
to be transmitted to the House of Representatives for enrollment.
The Senate, on motion of mr. Turney, took up the consideration of
A bill to remove the seat of government from Nashville.
When, 011 motion of mr. Turney, its consideration is made the order
of the day for Thursday, the 16th instant.
Mr. Sevier introduced
A bill to authorise one of the district constables to perform the du*
ties of town constable in Huntingdon, Carroll county.
Which bill was read a first time and passed.
Mr. Powell submitted the following:
Resolved, by the General Assembly of the State of Tennessee, That
the President and Directors of the Dank of Tennessee, the President
and Directors of the Union Bank, the President and Directors of the
Planters' Bank, the President and Directors of the Farmers' and Mer-
chants' Bank in this State, be, and are hereby requested to furnish to
this General Assembly full and satisfactory-answers to the. following
interrogatories: ' .
First, in relation to the item of discounted notes, as reported by each.
346
JOURNAL OF
1. Is the amount of notes under discount (as reported) accommoda-
Hon paper, a new business paper, to be paid when due ?
What proportion is accommodation paper ? What new business
paper ?
Domestic Dills reported by each.
2. Has? this amount of bills been purchased since 1st July last, or is
any portion of this amount bills that were not met, last season, and
again renewed ? If so, state what amount.
Due from Banks and Agents.
3. State the banks and agents that owe the amount reported as due
from them; also how said banks and agents became indebted to those
large amounts.
4. What amount of 'bills'of exchange did the banks and branches
over which you respectively preside purchase from 1st July 1S40, to
1st July, 1841; say in ten months.
5. What amount of new business paper did the bank and branches
discount in said time; say from 1st July, 1S40, to 1st May, 1841.
Which was read and laid on the table.
The Senate, on motion of mr. Maclin, took up the consideration of
A message from the House of Representatives, transmitting a reso-
lution adopted by the House, proposing to appoint a joint select com-
mittee to take into consideration a memorial of the trustees of the
Memphis Hospital, asking the concurrence of the Senate therein.
Which being read, the Senate concur therein.
Ordered, that messrs. Maclin, Ashe and Sevier be appointed of said
Committee on part of the Senate.
Ordered, that the clerk acquaint the House of Representatives there-
\vith.
The Senate took up the consideration of
A bill from the House of Representatives, to amend the charter of
Martin Academy at Jonesborough, and McMinn Academy at Rogers-
ville, and for other purposes.
Which being read, mr. Johnson moved to amend said bill by striking
out of the first section the following words: " and also the charter of
McMinn Academy at Rogersville, in the county of Hawkins."
Which being considered of by the Senate, said amendment was
jidopted.
Said bill, as amended, was read a second time and passed.
A message frOm the House of Representatives by mr. Mitchell, their
clerk:
Mr. Speaker : The Speaker of the House of Representatives did
Ihis day sign an enrolled act to consolidate the funds, and provide for
(jut one instead of two separate classes of common schools in the Ri-
Vassee and Oceee Districts, in the State of Tennessee,
The Speaker of the House of Representatives did this day sign an
Enrolled resolution, directing the Bank of Tennessee to pay to the
Trustee of Henderson county the distributive share of said county out
of the common school funds for 1841—Up on the Bank first making
certain enquiries and being satisfied in relation thereto, with certain in-
structions to the Treasurer and said Bank relative to said payments,
THE SENATE.
347
Also, an engrossed Bill, entitled
A Bill to appoint trustees to recover the donation of William Wright,
deceased, and fOr other purposes.
Which was passed upon its third and last reading in the House of
Representatives, which I am directed to transmit to the Senate and
ask its concurrence therein.
Also, a resolution reported by the committee on Internal Improve-
rnent and adopted by the House of Repesentatives relative to the Pel-
ham and Jasper Ttimpike company, with the report of the Attorney Gen-
eral of the 13th judicial circuit, with accompanying documents, which
I am directed to transmit to the Senate and ask its concurrence therein.
And then he withdrew.
'Whereupon it is ordered that said enrolled act and resolution be de-
posited in the office of the Secretary of State for the State of Tennes-
see.
The Senate took up and considered.
A bill from the House of Representatives, for the relief of the com-
missioners appointed to superintend the improvement of the navigation
of the French Broad river, at the Hanging Rock and Seven Islands.
Which bill was read a second time and passed.
The Senate took up the consideration of
A bill from the House of Representatives entitled a bill to amend
an act, entiled, an act to equalize the stay of executions rendered by
justices of the peace on all sums, passed February 22d, 1836, so as to
give a longer time for stays of executions.
Which bill was read a second time.
Mr. Matthews moved to amend said bill by striking out the words
height months,"
And the sense of the Senate being had, said amendment was re-
jeeted.
Mr. Waterhouse moved the indefinite postponement of said Bill.
And the question being had thereon, was determined in the affirma-
live—ayes, 15—noes 9.
The ayes and noes being demanded,
The affirmative voters were:
Messrs. Foster, Frey, 'Gardner, Jennings, Johnson, Ledbetter, Mil-
ler, Motley, Nelson, Peyton, Powell, Ross, Sevier, Warner and Wil-
liams—15.
The negative votes were:
Messrs. Ashe, Bradbury, Hardwicke, Laughlin, Maclin, Martin,
Matthews, Waterhouse and Mr. Speaker Turney—9.
"So said bill was indefinitely postponed.
Ordered that the Clerk acquaint the House of Representatives there-
with.
The Senate took up and considered
A bill from the House of Representatives, to establish the time and
place of sales of certain property under execution.
Which bill was read a second time, and the question
"Shall the bill pass?"
Was had and determined in the negative. So said bill was rejected.
348
JOURNAL OF
Ordered that the Clerk acquaint the House of Representatives there-
with.
Mr. Laughlin thereupon moved a reconsideration of the vote repeal-
ing said bill, which motion prevailed.
Mr. Laughlin then moved to lay said bill on the table.
And the sense of the Senate being thereon had, was determined in
the negative.
So said motion was rejected.
The question then recurred upon the passage of said bill upon its
second reading.
which was had, and determined in the negative—ayes, 5—noes, 18.
The ayes and noes being demanded,
The affirmative voters were :
Messrs. Laughlin, Peyton, Ross, Waterhouse and Mr. Speaker Tur-
ney— 5.
The negative votes were :
Messrs, Ashe, Foster, Frey, Gardner, Hardwieke, Jennings, John-
son, Ledbetter, Macklin, Martin Matthews, Miller, Motley, Nelson,
Powell, Sevier, Warner, Williams and Mr. Speaker Turney—18.
So said bill was rejected upon its second reading.
Ordered that the Clerk acquaint the House of Representatives there-
with.
The Senate took up and considered,
A bill from the House of Representatives, creating William Staples,
of the county of Morgan, a corporation sole, for the purpose of con-
structing a Turnpike Road,
Which being read a second time—
When Mr. Warner moved to amend said bill by adding thereunto
the following:
"Be it enactedXhat the Legislature may at any time amend or re-
peal this charter."
And the question thereon being had, was determined in the negative
—ayes, 10—noes, 12.
The ayes and noes being demanded,
The affirmative voters were :
Messrs. Gardner, Hardwieke, Johnson, Laughlin, Macklin, Martin,
Matthews, Powell, Ross, and Warner—10.
The negative voters were:
Messrs. Ashe, F oster, Frey, Jennings, Ledbetter,Miller,Nelson,Peyton,
Sevier, Waterhouse, Williams and Mr. Speaker Turney—12.
So said amendment was rejected.
The question then recurred upon the passage of said bill upon its
second reading,
Which was had and determined in the affirmative.
So said bill was passed upon its second reading.
The Senate took up and considered
A bill to encourage domestic manufactures.
Which bill was read a second time, and the question, "shall said bill
pass ?"
Being had, was determined in the affirmative—ayes, 16—noes, 9.
THE SENATE.
349
The ayes and noes being demanded,
The affirmative voters were :
Messrs. Ashe, Bradbury, Foster, Frey, Gardner, Hardwicke, Jen-
nings, Maclin, Miller, Nelson, Peyton, Powell, Reneau, Sevier, Williams
and Mr. Speaker Turney—16.
The negative voters were :
Messrs. Johnson, Laughlin, Ledbetter, Martin, .Matthews, Motley,
Ross, Waterhouse and Warner—9.
So said bill was passed upon its second reading.
On motion of mr. Williams,
The Senate adjourned until to-morrow morning 9 o'clock.
THURSDAY, DEC. 16, 1841.
Mr. Speaker Turney asked and obtained leave of absence during
the present day.
Mr. Ashe presented a petition from sundry citizens, praying the in-
corporation of the Trenton, Brownsville and Somerville Turnpike com.-
pany.
Which being read, was,
On motion of mr. Ashe,
Transmitted to the House of Representatives.
Mr. Williams, chairman from the committee on agriculture and
manufactures, to whom had been referred
A bill to encourage agriculture in the State of Tennessee—
Reports that said committee have had the same under consideration
and deem its provisions proper, and have directed him to report said
bill, and to recommend its passage.
Which being read, mr. Foster moved the following amendment,:
Provided nothing in this act contained, shall be so construed as to
prevent any subsequent Legislature from repealing this act before the
expiration of five years.
Which being read, and the sense of the Senate being thereon had,
said amendment was adopted.
Mr. Warner mo^ed to amend said bill by striking out the whole of
the caption, after the words " a bill," and to insert in- lieu thereof the
following: "to waste and squander the revenue of the State."
On motion of mr. Gardner,
Said bill, and amendment, were laid on the table.
Mr. Williams, from the committee on agriculture and domestic ma-
nufactures,
Reports, that said committee have had the same under considera-
fion, and deem its provisions of less utility than the provisions of an-
other bill referred to said committee, having for its object the promo-
•tion of agriculture and manufactures; and that said committee there-
fore have directed him to report said bill, and to recommend its rejec-
tion.
On motion of mr. Williams,
Said bill was laid On the table.
The Senate took up and considered
350
JOURNAL OF
A bill to incorporate the Tennessee Agricultural Society.
On motion of mr. Gardner,
Said bill was referred to the committee on agriculture and manulac-
tures.
Mr. Warner moved that rnr. Waterhouse be added to the committee
on agriculture and manufactures.
Which motion mr. Warner afterwards withdrew.
Mr. Williams moved that mr. Nelson be added to ths committee on
agriculture and manufactures.
Which motion prevailed.
And mr. Nelson was .added to said committee.
The Senate, on motion of mr. Foster, took up and considered
A, hill from the House of Representath es, to make legal all the offi-
cial acts of James Rose, as deputy clerk of the County court of Shelby
county.
Which being read, mr. Foster moved the following amendment in
lieu of the whole bill after the enacting clause, to wit:
Sec. 1, That all the official acts of any,clerk of any of the courts in
this State, done and performed by, or through the deputy of such clerk,
whose deputation shall have been legal, shall be as good and as valid
in law or equity, as if such official acts had been done and performel
by the principal clerk of such court: provided, the right, title or inter-
est of judgment creditors or purchasers being such before the passage
of this act, shall not be altered, changed or affected.by any thing pro-
vided for in this act.
Sec. 2. Be it enacted, That it shall be lawful for the clerks of the
different courts of record in this State, to have and appoint deputy
clerks, which appointments shall be under the hands and seals of the
principal clerks, to be recorded upon the minutes of tire court; and all
the official acts of such deputy clerks legally done, shall be as valid as
if done by the principal clerk.
Which being read, said amendment was adopted in lieu of the
whole of said bill after the enacting clause.
And said bill, as amended, was read a third and last time, and the
question recurring upon the passage o£ said bill, was had and deter-
mined in the affirmative—ayes 19, noes 4.
The ayes and noes being demanded,.the affirmative voters were:
Messrs. Ashe, Bradbury, Foster, Frey, Gardner, Hardwicke, Jen-
nings, Johnson, Laughlin, Ledbetter, Maclin, Matthews, Motley, Pey-
ton, Rowell, Ross, Sevier, Waterhouse-and Warner—19.
The negative voters were :
Messrs. Martin, Miller,. Nelson and Williams—4.
Sp said bill, as amended, was passed upon its third and last reading,
and was ordered to be transmitted to the House of Representatives.
Ordered, that the clerk acquaint the House of Representatives with
said amendment, and ask a concurrence therein.
On motion of mr. Laughlin, the Senate took up and considered
A bill to prescribe the mode of electing. Senators in Congress.
Which being read a third and last time, mr. Foster moved to amend
said bill, and offered said amendment in lieu of the whole bilk
THE SENATE.
35 j
Which being read, mr. Warner moved the indefinite postponement
of said bill and amendment.
Which motion mr. Warner afterwards withdrew.
A/r. Peyton moved that the Senate adjourn until 2 o'clock, p. m.
And the question being had thereon, was determined in the ne'ga-j
five—ayes 11, noes 1,2.
The ayes and noes being demanded, the affirmative voters were:
A/essrs Ashe, Bradbury, Foster, Frey, Jennings, Ledbetter, A/btlcy,
Nelson, Peyton, Sevier and Williams—11.
The negative voters were :
A/cssrs, Gardner, Hardwigke, Johnson, Laughlin, A/aclin, A/artin,'
Afatthews, A/iller, Powell, Ross, Waterhouse and Warner;—12.
So said mption to adjourn was rejected.
ii/r. Foster asked and obtained leave to, withdraw said amendment
by him offered in lieu of the whole bill,
A/r. Williams moved that the Senate adjourn until 2 o'clock, p. m.
And the question being thereon had, was determined in the nega-
tive-^ayes 12, noes 12.
The ayes and noes being demanded, the affirmative voters were :
A/essrs. Ashe, Bradbury, Foster, Frey, Jennings, Ledbetter, Mot-
ley, Nelson, Peyton, Sevier, Williams and Speaker Turney—12
The negative voters were ;
A/essrs. Gardner, Hardwicke, Johnson, Laughlin, A/aclin, A/artin,
A/atthews, A/iller, Powell, Ross, Waterhouse and Warner—12.
So said motion to adjourn was rejected.
The question then recurred upon the passage of said bill, which was
had and determined in the negative—ayes 12, noes 12.
The ayes and noes being demanded., the affirmative voters were:
A/essrs. Ashe, Bradbury, Foster, Frey, Jennings, Ledbetter, A/ot-
ley, Nelson, Peyton, Sevier, Williams and Speaker Turney—12.
The negative voters-were:
Messrs. Gardner, Hardwicke, Johnson, Laughlin, A/aclin, A/artin,
A/atthews, A/iller, Powell, Ross, Waterhouse and Warner—12.
So said bill was rejected upon its .third and last reading.
Qn motion of mr. Ledbetter, the Senate adjourned until 2 p. m.
eveninq. session.,
The Senate, on motion of mr. Afartin, took up and amended
A bill to define and make certain the manner of laying out private
ways.
Which being read, mr. Foster moved to .amend said bill by striking
out after the words, " shall be entitled to," the word " five," and in-
sert in lieu thereof the word " twp."
A/r. Foster moved to amend the sixth section of said bill, by strik-
i.ng out after the words "any of the jurors," the word "appointed,"
and insert in lieu thereof the word " summoned."
A/r. Foster moved farther to amend said sixth section in said bill,
by striking out after the words « by the," the word " court," and in-
sert in lieu thereof the word « sheriff"."
352
JOURNAL OF
Which amendments being read and considered of by the Senate,
were adopted.
My. .Martin moved to amend the first section of said bill, by filling
the blank therein after the words "to consist of," by inserting therein
the words " not less than five."
My. il/artin moved further to amend the first section of said bill, to
fill a blank therein after the words " such road not exceeding," by in-
serting therein the word " fifteen."
Which several amendments being read and considered of by the Se-
nate, were adopted.
And said bill, as amended, was read a second time and passed.
Mr. Powell submitted the following:
Resolved that a select committee be appointed by the chair to con-
sist of three, one member to be chosen from each of the grand divis-
ions of the State, whose duty it shall be'to enquire into the expedien-
cy and propriety of so amending the law, in relation to the appropria-
tion of three hundred thousand dollars, for the improvement of the
navigation of the Rivers in this State, that the State (issued or author-
ized by law to be issued to create a fund for that purpose) be made to
bear an interest of six per centum per annum, with instructions to re-
port by bill or otherwise.
Which being read was laid on the table.
A message from the House of Representatives, by mr. Mitchell their
clerk:
Mb. Speaker: The House of Representatives have taken up,read
a third and last time and passed the following entitled bills, to-vvit:
A bill to authorize the Governor of Tennessee to commute capitat
punishments to imprisonment for life in the Penitentiary in certain ca-
ses.
A bill to a mend an act, entitled act to regulate and simplify the dis-
tribution and division of the estates of persons dying insolvent, passed
Oct. IS, 1841.
A bill relating to the adjudication of land warrants.
Which I am directed to transmit to the Senate and ask its concur-
xence therein.
The Speaker of the House of Representatives has this day signed
the following enrolled acts, entitled as follows, to-wit:
An act to authorise, the county courts to appoint guardians for in-
fants, in certain cases, and for other purposes.
An act to refund to White county the fines and forfeitures wrongful,
ly paid to the Treasurer of the State.
Also, an enrolled resolution signed on this day by the Speaker of the
House of Representatives directing the Comptroller to pay over mo-
ney to Covington Academy, in Tipton county.
And then he withdrew.
Whereupon the Speaker signed said several enrolled acts, and said
resolution which were severally ordered to be transmitted to the House
of Representatives, for their further order thereon to be had.
On motion of mr. Powell,
The Senate took up and considered a resolution by him submitted on
THE SENATE.
553
yesterday, proposing certain interrogatories to, and requiring the
Bank of Tennessee, the Union Bank of Tennessee, the Planters Bank
of Tennessee, and the Farmers and Merchants Bank, at. Memphis, to
furnish certain information to this General Assembly.
Which being read and considered by the Senate, was adopted.
Ordered that the Clerk acquaint the House of Representatives there-
with, and ask their concurrence therein.
Mr. Johnson introduced a bill to establish the 15th solicitorial dis-
trict."
Which was read a first time and passed.
Mr. Jennings asked and obtained leave to change his vote by him
given upon the third and last reading of the Senate's bill to prescribe
the mode of electing Senators in Congress," having voted in the affirm-
ative of said question—and now asks for his vote to be placed in the
negative.
Said bill was rejected upon said third and last reading, by a vote of
12 ayes—12 nays; which change will cause said vote to stand ayes,
11—nays, 13—mr. Jennings in the-negative.
Whereupon mr. Jennings moved a re-consideration of the Senate's
vote rejecting said bill.
Mr. Turney moved that the Senate take up the consideration of
A bill to remove the seat of government from Nashville.
Mr. Turney moved that the order of the day on to-morrow, be the
consideration of said bill.
Which motion prevailed.
Mr. Hardwicke presented the following response from the President
of the Bank of Tennessee, to a resolution of the Senate adopted on
the 13th instant.
Bank op Tennessee, Dec. itfth, 1841.
To the. Hon. Samuel Turney, Speaker of the Senate—
Dear Sir : In obedience to a resolution of the Senate of the 13th
instant, received this morning, calling for certain information " relative
to the by-laws of this Bank, and internal regulations, touching in any
manner the renewal of accommodation notes, and whether >ve have
regular discount day or days for that purpose, and whether the bor-
rowers are required to pay or renew their notes until due, or until three
days thereafter, known as the days of grace, and if the borrowers are
invariably charged interest for three days of grace, allowed as afore-
said." I have the honor to inform you that the by-laws set apart
Thursday in each week for the discounting of notes. A note is not
considered at maturity until the expiration of three days of grace, and
of course the interest is charged accordingly. Nb note is required to
be paid or arranged before its maturity. For the convenience of the
customers of the Bank, the board have invariably appointed a commit-
tee authorized to renew accommodation notes originally discounted,
provided the calls are complied with, and the new notes drawn and
endorsed by the same persons; and, provided further, the names
should be equally good as when the original discount was made, if not
said committee are authorized and expected to require an additional
approved name. The committee meet every day for the renewal of
25
354
journal of
paper. The board early adopted this course believing if the custom-
ers were confined to the renewal of their notes on discount day alone,
many of them not conversant with the general usages of Banks,
would be taxed with the costs of protest unnecessarily. I am pleased to
inform you this rule has operated greatly to the convenience of our cus-
tamers, without injury to the institution.
I have the honor to be your ob't serv't,
W. NICHOL, President.
Th e Senate, on motion of mr. Hardwicke, took up the considera-
tion of a bill to equalize the discounts at the branches of the Bank of
Tennessee and for other purposes.
Which bill, with sundry accompanying documents, were re-commit-
ted to the committee on banks.
Mr. Martin moved that he be discharged from serving with the
committee on Banks.
Which being considered of by the Senate, said motion was re-
jected.
Mr. Martin moved that mr. Hardwicke be added to the committee
on banks.
Which motion the Senator from Mauiy afterwards withdrew.
Mr. Jennings moved that the committee on Agriculture aud Manu-
factures, to whom was referred a bill to incorporate the Sycamore
Manufacturing company, from the further consideration there of be dis-
charged.
Which being considered said motion prevailed.
The Senate on motion of mr. Jennings took up and considered a
bill to incorporate the Sycamore Manufacturing company.
Which bill was read a second time and passed.
Mr. Sevier introduced a bill to divide the interest on the GibsoL
County Academy fund between the Trenton Male and Female Acad-
emy.
Which bill was read a first time and passed.
Mr. Jennings introduced a bill making compensation to Willoughby
Williams assignee of John C. McLemore, for certain valuable record
books, now in the Secretary's office.
Which bill was read a first time and passed.
Mr. Waterhouse moved to take up a bill to divide the State into
Senatorial and Representative districts.
And the question thereon being had, was determined in the affirma-
five—ayes, 12—noes 11.
The ayes and noes being demanded,
The affirmative voters were:
.Messrs. Gardner, Hardwicke, Johnson, Laughlin, Martin, Mat-
thews, Miller, Powell, Ross, Waterhouse, Warner and mr. Speaker
Turney—12.
The negative voters were:
Messrs. Ashe, Bradbury, Foster, Frey, Jennings, Ledbetter, Motley,
Nelson, Peyton, Sevier and Williams—11.
So said motion prevailed.
Mr. Nelson asked leave to withdraw said bill for amendment.
THE SENATE.
355
And the question being thereon had, it was determined inthenega-
live—ayes, 11—nays, 12.
The ayes and nays being demanded,
The affirmative voters were:
Messrs. Ashe, Bradbury, Foster, Frey, Jennings, Ledbetter, Motley,
Nelson, Peyton, Sevier and Williams—11.
The negative voters were :
Messrs. Gardner, Hardwicke, Johnson, Laughlin, Maclin, Martin,
Matthews, Miller, Powell, Ross, Waterhouse, Warner and mr. Speak-
erTurney—12.
So leave to withdraw said bill for amendment was refused.
Said bill was read a third and last time.
Mr. Ross moved to amend said bill in that part composing the 10th
Senatorial district by inserting therein after the words " compared at"
the words " court-house in the town."
Which was adopted.
Mr. Warner moved to amend said bill in that part composing the
14th Senatorial district, by inserting after the Avord "Farmington,"
the words " Marshall county."
Which was adopted.
Mr. Matthews moved to amend said bill in that part composing the
20th Senatorial district, by inserting therein afteif the words " compar-
ed at," the words "die court-house in."
Which was adopted.
Mr. Gardner moved to amend said bill by inserting in that portion
composing the 21st Senatorial district, after the words "compared at,"
the words "the court-house in the town of."
Which was adopted.
Mr. Gardner moved to amend said bill in that part composing the
25th Senatorial district, by inserting thereinafter the words "compar-
ed at," the words " the court-house in the town of."
Which was adopted.
Mr. Warner moved to amend said bill by adding thereto the follow-
ing, to-wit:
Provided that should the new county of Putnam be established,
then and in that case the counties of Fentress and Putnam, shall elect
one Representative jointly and the polls shall be compared at White
Plains—and the county of Van Buren shall be attached to the county
of White in a Representative district, and the fractions of the county
of Putnam shall vote with the counties from Avhich it is respectively
taken, for a Senator or Senators, as the case may be, and so much of
the act establishing said county, and this act as is repugnant to, or con-
trary to this proviso, is hereby declared to be of no effect.
And said amendment being read, was adopted; and said bill as
amended was read a third and last time.
Mr. Williams moved to amend that part of the bill composing the
fourth Senatorial district, by striking out the word "Roane" and in-
serting in lieu thereof the word " Grainger."
And the question thereon being had, was determined in the negative
—ayes, 11—noes, 12.
356
JOURNAL, OF
The ayes and noes being demanded,
The affirmative voters were:
Messrs. Ashe, Bradbury, Foster, Frey, Jennings, Ledbetter, MoU
ely, Nelson, Peyton, Sevier, and Williams—11.
The negative voters were;
Messrs. Gardner, Hardwicke, Johnson, Laughlin, Martin, Mat-
thews, Miller, Powell, Ross, Waterhouse, Warner and mr. Speaker
Turney—12.
So said amendment was rejected.
The question then recurred upon the passage of said bill, which be-
ing had, was determined in the affirmative—ayes, 12—nays, 11.
The ayes and noes being demanded,
The affirmative voters were:
Messrs. Gardner, Hardwicke, Johnson, Laughlin, Martin, Mat-
thews, Miller, Powell, Ross, Waterhouse, Warner and mr. Speaker
Turney—12.
The negative voters were:
Messrs. Ashe, Bradbury, Foster, Frey, Jennings, Ledbetter, Mot-
ley, Nelson, Peyton, Sevier, and Williams—11.
So said bill was passed upon its third and last reading, was ordered
to be engrossed and transmitted to the House of Representatives.
On motion of mr. Warner,
The Senate adjourned until to-morrow morning 9 o'clock.
FRIDAY, DEC. 17, 1841.
Mr. Maclin presented the petition of sundry citizens of the county of
Fayette, praying that they may not by law be attached to and made part
of Tipton county,
Which being read, was on motion of mr. Maclin, transmitted to the
House of Representatives.
Mr. Maclin presented a petition from sundry citizens of Memphis and
elsewhere, relating to the La Grange and Memphis Rail Road Company,
and praying relief and for other purposes,
Which being read, on motion of mr. Maclin, was ordered to be
transmitted to the House of Representatives.
Mr. Foster, chairman from the committee on the Judiciary, to whom
had been referred the petition of the heirs of Isaac Baker dec'd, pray-
ing that senior and minor heirs may be authorised by law to sell and dis-
pose of certain lands which descended to said heirs, from their deceased
ancestor—reports that said committee have had the same under consider-
ation, and have directed him to submit the following
REPORT:
The Judiciary committee have had under consideration the petition of
Jane Baker and others, praying the passage of a special law authorising
them as minor heirs, to sell or have sold real estate to them descended,
and have directed me to report that the prayer of the petitioners ought
not to be granted. Because the passage of such a law, if not clearly
unconstitutional, would involve the purchasers of land sold under such a
THE SENATE.
357
law in litigation, and perhaps involve loss of the land, and because by the
acts of 1823, chap. 37—and 1827p chap. 54—the Legislature have vested
in the Judiciary ample power to extend and give the relief desired by
the prayer of the petitioners, when proper to be granted.
All of tvhich is respectfully submitted,
ROBERT C. FOSTER, jun. Chairman, &c.
Which being read, and the sense of the Senate thereon had, said report
is concurred in and said petition rejected.
Mr. Nelson chairman from the committee on Internal Improvement, to
whom had been referred a resolution adopted by the Senate, on the 9th
October, 1841, and concurred in by the House of Representatives on
the 25th of the same month, having on a former day, of the present ses-
sion of the General Assembly, submitted the Report of said committee,
adopting therefor the Report of the Secretary of State, for the State of
Tennessee, made to the present General Assembly., relating to Internal
Improvement by the State, which report, had by order of the Senate,
been re-cbmmitted to said committee with irtstructions—under which the
following Report is now submitted, to wit;
The committee on Internal Improvement to whom was referred the
resolution of the Senate of the 14th December last, and the supplemental
resolution of the 14th instant, beg leave to submit the following
REPORT:
By the law passed 19th January 1838, the sum of four millions of dol-
lars were appropriated to public works, sixteen hundred thousand dol-
lars of which were appropriated to Middle Tennessee, fourteen hundred
thousand dollars to East Tennessee, and one million of dollars to West
Tennessee. Of the portion allotted to Middle Tennessee $1,337,166
have been subscribed to McAdam roads, of the portion allotted to East
Tennessee $1,300,000 ^ave been subscribed to two Railroads, and of the
portion to West Tennessee the sum of $339,500 have been subscribed to
Railroads and graded Turnpike roads.
Of the sum subscribed to puhiie'works in Middle Tennessee, bonds of
tbe State to the amount of $880,166, have already been issued ; of the
sum subscribed to pubiic works in East Tennessee, the bonds of the
State to the amount of $357,000, have been issued, and of the sum pub-
scribed to West Tennessee the bond of the State to the amount of $247,-
750, have been issued.
Of the amount subscribed to public works in East Tennessee, the State
subscription to the L. C. & C. Railroad Company has been conditionally
relinquished, showing a balance of $650,000 to be appropriated to far-
ther works in that division of the State, agreeably to the laws of 1837.—
In Middle Tennessee there is yet to be subscribed on the part of the State
$122,834, and in West Tennessee $560,000, inclusive of the appropria-
tion of $100,000 to each division of the State for the Improvement of
livers.
In answer to the other subjects referred to the committee, they report,
that the State has subscribed for Stock in the Harpeth and Farmington
Road, agreeably to law, but no bonds have been issued, nor have any
steps been taken in relation to said Road, that your committee can learn,
358
JOURNAL OF
but the mere organization of the Company. The charter of said'Com-
pany has expired, and consequently nothing will be done further with it.
In relation to the Fayetteville and Sh'elbyville road, the Company was
organized agreeably to law, and the State subscribed for the amount of
stock required by law, and $16,000 of bonds have been issued to the
Company ; but as the charter of the Company has neither expired or
been abandoned, your committee cannot say whether or not it will be
prosecuted. "The Lebanon and Carthage McAdam Road Company have
not been organized ; no stock has been subscribed thereto by the State,
and no expectation is entertained that the road will ever be commenced.
Your committee have no evidence to believe that any other company in
which the State is a stockholder, except the L. C. & C. Railroad Com-
pany above alluded to, will return the bonds issued to them by the State,
nor has the charter of any company in which the State is a stockholder,
either expired or been abandoned, except the Harpeth and Farmington.
All of which is respectfully submitted,
J. R. NELSON, Chairman.
Which being read, was laid on the table.
Mr. Jennings asked and obtained leave of the committee on the Peni-
tentiary, whose duty it is on this day to visit and examine said Institution
and report thereon to the General Asssembly at the present session.
A message from the House of Representatives by mr. Mitchell their
Cleik :
Mr. Speaker: The House of Representatives have taken up and
passed upon a third and last reading the following engrossed bill, enti-
lied,
A bill to amend the act of 1823, chapter21, in relation to delinquent
constables.
Also the following engrossed resolution :
To amend the 4th section of the 10th article of the Constitution of the
State of Tennessee, so as to permit the Legislature of Tennessee to di-
vide the county of Perry, which I am directed to transmit to the Senate
and ask its concurrence therein—and then he withdrew.
On motion of mr. Ledbetter the Senate took- up and considered a bill
to remove the seat of Government from Nashville.
Which being read, mr. Foster moved to amend said bill, by striking
out the word u McMinnville," and inserting in lieu thereof the word
" Franklin," and the question being thereon had was determined in the af-
firmative—ayes 14, noes JO.
The ayes and nays being demanded by mr. Foster,
The affirmative voters were :
Messrs. Ashe, Bradbury, Foster, Frey, Gardner, Jennings, Ledbetter,
Motley, Nelson, Peyton, Reneau, Sevier, Warner and Williams—14.
The negative voters were :
Messrs. Johnson, Laughlin,Maclin, Martin, Matthews, Miller, Powell,
Ross, Waterhouse and mr. Speaker Turney—10.
So said amendment was adopted.
Mr. Jennings moved to lay the bill on the table, and the question there-
on being had was determined in the negative—ayes 11, nays 14.
THE SENATE.
359
The eyes and nays being demanded by mr. Jennings,
The affirmative voters were :
Messrs. Ashe, Frey, Gardner, Hardwieke, Jennings, Motley, Nelson,
Peyton, Reneau, Sevier and Williams—11.
The negative voters were:
Messrs. Bradbury, Foster, Johnson, Laughlin, Ledbetter, Maclin, Maf-
tin, Matthews, Miller, Powell, Ross, Waterhouse, Warner and mr.
Speaker Turney—14.
So said motion was rejected.
Mr. Warner moved a re-consideration of the vote striking out the
word " McMinnville," and inserting in lieu thereof the word « Frank-
lin;" and the question thereon being had, was determined in the affix-
mative—ayes 15, noes 10.
The ayes and noes being demanded by mr Warner,
The affirmative voters were :
Messrs. Gardner, Hardwieke, Johnson, Laughlin, Ledbetter, Maclin,
.Martin, Matthews, Miller, Motley, Powell, Ross, Waterhouse, Warner
and Speaker Turney—15.
The negative voters were :
Messrs. Ashe, .Bradbury, Foster, Frey, Jennings, Nelson, Peyton,
Reneau, Sevier and Williams—10.
So said motion prevailed.
Mr. Foster renewed his motion to strike out the word " McMinn-
ville," and to insert the word " Franklin."
Mr. Warner moved to amend the amendment *of mr. Foster, by
striking out the word " Franklin," and to insert Columbia in lieu
thereof; and the question being thereon had, was determined in the
affirmative—ayes 13, noes 12.
The ayes and noes being demanded by nlr. Matthews,
The affirmative voters were :
Messrs. Gardner, Hardwieke, Laughlin, Maclin, Martin, Matthews,
Miller, Powell, Ross, Waterhouse, Warner and Speaker Turney—13.
The negative voters were :
Messrs. Ashe, Bradbury, Foster, Frey, Jennings, Ledbetter, Motjey,
Nelson, Peyton, Reneau, Sevier and Williams—12.
So said motion prevailed.
The question then recurred upon striking out the word " McMinn-
ville," and inserting the word " Columbia."
Mr. Nelson moved to insert the word " Sparta " in lieu of " Colunv
bia." The amendment, as offered by mr. Nelson, was decided as be-
ing out of order.
The question was then had upon striking out " McMinnville," and
inserting in lieu thereof " Columbia," which was determined in the
affirmative—ayes 14, noes 11.
The ayes and noes being demanded,
The affirmative voters were :
Messrs. Ashe, Bradbury, Foster, Gardner, Hardwieke, Jennings,
Maclin, Martin, Matthews, Peyton, Reneau, Ross, Sevier and War-
ner—14.
The negative voters were :
360'
JOURNAL OF
Messrs. Frey, Johnson, Laughlin, Ledhetter, Miller, Motley, Nelsoi
Powell, WaterhouSe, Williams and Speaker Turney—11.
So said amendment was adopted.
Mr. Jennings moved to re-consider the vote amending said bill, ffi
striking out the word " McA/inn ville," and inserting the word " Co
lumbia."
Mr. Foster moved to lay the bill and motion to re-consider on the
table ; which being considered, said motion to lay the bill and motion
to re-consider the vote striking out " A/cMinnville" and inserting
(e Columbia," was rejected.
The question recurred upon the motion of mr. Jennings to re-con-
sider the yote striking out " McMinnville "'and inserting " Columbia,"
Was had and, determined in the affirmative—ayes 16, noes 10.
The ayes and noes being demanded,
The affirmative voters were:
Messrs. Ashe, Bradbury, Foster, Frey, Gardner, Hardwicke, Jen-
nings, Maclin, Martin, Matthews, Peyton, Reneau, Ross, Sevier and
Warner—15.
The negative voters were ;
Messrs. Johnson, Laughlin, Ledbetter, Miller, Motley, Nelson, Pow-
ell, Waterhouse, Williams and Speaker Turney—10.
So said amendment was adopted.
T1 e question then recurred upon the passage of said bill; which be-
iug 1 ad, was determined in the negative—ayes 10, noes 15.
fl e affirmative voters were :
M ' ^srs. Bradbury, Johnson, Laughlin, Ledbetter, Maclin, Martin,
Mitlffiws, Powell, Waterhouse and Warner—10.
Th > negative voters were :
Messrs. Ashe, Foster, Frey, Garcffier, Hardwicke, Jennings, Miller,
Motley, Nelson, Peyton, Reneau, Sevier, Williams and Speaker Tur-
ney—14,
So said bill was rejected.
Mr. Turney moved a re-consideration of the vote rejecting said bill;
which being had, was determined in the affirmative—ayes 15, noes 10
The ayes and noes being demanded,
The affirmative voters were :
Messrs. Gardner, Hardwicke, Johnson, Laughlin, Ledbelter, Maclin,
Matthews, Miller, Powell, Ross, Waterhouse, Warner, Williams and
Speaker Turney—15.
. The negative voters were :
Messrs. Ashe, Bradbury, Foster, Frey, Jennings, Motley, Nelson,
Peyton, Reneau and Sevier—10.
So said motion to re-consider the rejection of said hill, prevailed.
Mr. Warner moved to re-consider the vote striking out "McMinn-
ville " and inserting " Columbiaand the question thereon being had,
was determined in the affirmative—ayes lb, noes 9.
The ayes and noes being demanded,
The affirmative voters were:
Messrs. Gardner, Hardwicke, Johnson, Laughlin, Ledbetter, Mac-
THE SENATE.
3i1
liu, Martin, Matthews, Miller, Motley, Powell, Ross, Waterhouse, War
ner, Williams and Speaker Turney—16.
The negative voters were:
Messrs. Ashe, Bradbury, Foster, Frey, Jennings, Nelson, Peyton,
Reneau and Sevier—9.
So said motion prevailed.
Mr. .Matthews moved to strike out McMinnville and insert Colum-
bia ; which he afterwards withdrew.
My. Nelson moved to amend said bill by striking out the word
" McMinnville," and inserting the word " Sparta."
Mi. Johnson moved to amend said amendment by inserting "Knox-
vide" in lieu of " Spartaj" and the question being thereon had, was
determined in the affirmative—ayes 15, noes 10.
The ayes and noes being demanded,
The affirmative voters were :
Messrs, Ashe, Bradbury, Foster, Frey, Jennings, Johnson, Maclin,
Miller, Nelson, Peyton, Powell, Reneau, Sevier, Waterhouse aud
Williams—15.
The negative voters were :
Messrs. Gardner, Hardwiclre, Laughlin, Ledbetter,'JMartin, Mat-
thews, Motley, Ross, Warner and mr. Speaker Turney—10.
So said amendment was adopted.
My. Turney moved to strike out Knoxville and insert Murfrecs-
boiough: this- was decided to be out of order.
My. Ledbetter moved to lay the bill on the table ; and the question
b iing thereon had, was determined in the negative—ayes 5, noes 20.
The ayes and noes being demanded, the affirmative voters were :
Mhssrs. Foster, Harclwicke, Laughlin, Ledbetter and Peyton—5.
The negative voters were:
Messrs. Ashe, Bradbury, Frey, Garduer, Jennings, Johnson, Maclin,
Martin, Matthews, Miller, Motley, Nelson, Powell, Reneau, Ross,
Sevier, Waterhouse, Warner, Williams and mr. Speaker Turney—20.
So said motion was rejected.
Said bill, as amended, was read a third and.last time; and the ques-
tion on the passage thereof being had, was determined in the affirma-
tive—ayes 14, noes 11.
The ayes and noes being demanded,
The affirmative voters were :
.Messrs. Bradbury, Frey, Johnson, Laughlin, Maclin, Martin, Miller,
Nelson, Powell, Reneau, Ross, Waterhouse, Williams and mr. Speaker
Turney—14.
The negative voters were:
Messrs. Ashe, Foster, Gardner, Hardwicke, Jennings, Ledbetter
Matthews, Motley, Peyton, Sevier and Warner—11.
So said bill was passed upon its third and last reading.
Mr. Johnson moved that the Senate adjourn until 2 o'clock p. m.
On motion of mr. Nelson,
The Senate adjourned until 2 o'clock, p. u.
362
JOURNAL OF
evening- session.
Mr. Foster moved that the Honorable Senator from Lincoln have
leave of absence until Monday morning, the 27th instant; which mo-
tion prevailed.
On motion of mr. Foster—to givedime to the committee on the Pen-
itentiary to visit that institution, to inspect, examine and, report there-
on.
The Senate adjourned until to-morrow morning 9 o'clock,
SATURDAY, DEC. 18, 1841.
Mr. .Maclin presented the petition of the stockholders of the Mem~
phis and La Grange Railroad Company, relating to the purchase by
the State of Tennessee of the interest of the petitioners in said Rail-
road; which being read, was, on motion of mr. Maclin, transmitted to
the House of Representatives.
Mr. .Maclin presented the petition of sundry citizens of the State of
Tennessee, concerning the surrender to the State of the stock owned
by citizens of said State in the .Memphis and La Grange Railroad
Company, and relating to the advancement and condition of said road;
wrhich being read, was, on motion of mr. .Maclin, transmitted to the
House of Representatives.
Mr. .Maclin presented the petition of sundry citizens of Shelby
county, protesting against the passage of a bill, proposing to attach a
portion of Shelby county to Tipton county; which being read, was,
on motion of mr. Maclin, transmitted to the House of Representatives.
The Senate, on motion of mr. Powell, took up and considered a re-
solution by him submitted on the 16th instant, that a select committee
be appointed, one from each of the grand divisions of the State,to en-
quire into the expediency and propriety of amending the law appro-
priating three hundred thousand dollars for the improvement of the
navigation of the rivers in this State; that the bonds issued, or to be
issued to create said fund, bear an interest of six per cent, per annum;
that said committee be instructed to report, by bill or otherwise.
Which being read, said resolution was adopted.
Ordered, that messrs. "Powell, Foster and Gardner, be appointed of
said committee.
J\lr. Foster introduced a bill to authorise the appointment of a Re-
ceiver,, for each Chancery court in this State; which bill was read a
first time and passed.
Mr. Turney tnoved a re-consideration of the vote of the Senate upon
a bill to remove the seat of government from Nashville, had on yes-
terday, upon its third and last reading, removing the seat of govern-
ment to the town of Knoxville, in the county of Knox.
The Senate took up and considered a bill to define and make certain
the manner of laying out private ways.
Which being read, mr. Martin moved to amend said bill by striking
out of the 6th section, after the words " any of the jurors," the word
summoned," and insert in lieu thereof the word " appointed."
THE SENATE.
363
Mr. Jtfartin moved further to amend the 6th section of said bill, by
striking out after the words "appointed by the," the word "sheriff,"
and insert in lieu thereof the word "court;" which amendments be-
ing read and considered by the Senate, were adopted.
Jlir, Warner moved to amend the fourth section of said bill, by strik-
ing out the following words: "and to six cents per mile ingoing to
and returning from the place where he may be summoned to attend t j
discharge said duties." Which amendment being read and considered
by the Senate, was adopted.
And said bill, as amended, was read a third and last time, and the
question recurring upon the passage of said bill, was had and deter-
mined in the affirmative—ayes 17, noes 3.
The ayes and noes being demanded,
The affirmative voters were :
Messrs. Ashe, Bradbury, Frey, Gardner, Hardwicke, Jennings, John-
son Maclin, Martin, Miller, Motley, Nelson, Peyton, Powell, Sevier,
Waterhouse and Williams—17.
The negative voters were :
Messrs. Ledbetter, Matthews and mr. Speaker Turney—3.
So said bill was passed on its third and last reading, and was ordered
to be engrossed and transmitted to the House of Representatives.
Messrs. Foster and Warner were present, asked to be, and were ex-
cused from voting upon said bill, on their own motion.
The Senate took up and considered a bill from the House of Repre-
sentatives, to amend the charter of the Martin Academy at Jonesbo-
rough, and for other purposes.
Which bill, as amended, was read a third and last time, and the
question, Shall said bill pass ? was had and determined in the affirma-
tive.
So said bill, as amended, was passed upon its third and last reading,
and was ordered to be transmitted to the House of Representatives.
Ordered, that the clerk acquaint the House of Representatives with
the Senate's amendment to said bill, and ask a concurrence therein.
The Senate took up and considered a bill from the House of Repre-
sentatives making William Staples, of the county of Morgan, a corpo-
ration sole, for the purpose of constructing a turnpike road.
Which bill was read a third and last time, and the question, Shall
said bill pass ? being had, was determined in the affirmative.
So said bill was passed upon its third and last reading, and was or-
dered to be transmitted to the House of Representatives for enrollment.
The Senate took up and considered a bill from the House of Repre-
sentatives for the relief of commissioners appointed to superintend the
improvement of the navigation of the Frenchbroad river, at the Hang-
ing Rock and Seven Islands; which being read, was, on motion of mr.
Waterhouse, laid on the table.
Mr. Ledbetter introduced a bill to prevent betting on elections; which
bill was read a first time and passed.
The Senate took up and considered a bill from the House of Repre-
sentatives to amend the act of 1823, chap. 21, in relation to delinquent
constables; which bill was read a first time and passed.
364
JOURNAL OF
A message from'the House of Representatives by mr. .Mitchell there
clerk :
•Mr. Speaker : The House of Representatives has read a third and
last time and passed the following entitled bill :
A bill to amend the charter of Incorporation of the Spring Hill Female
Academy, in .Maury county, which was ordered to be engrossed and
transmitted to the Senate, in which I am directed to ask the concurrence
of the Senate—and then he withdrew.
The Senate on motion of mr. Jennings took up and considered a bill
to incorporate the Sycamore Manufacturing Company.
Which bill was read a third and last time, and the question, " shall said
bill pass," was had and determined in the affirmative.
So said bill was passed upon its third and last reading, was ordered to
be engrossed and transmitted to the House of Representatives.
Mr. Waterhouse introduced a bill giving George W. Williams and
Josiah M. Anderson further time to complete a Turnpike road,
Which bill was read a first time and passed.
The Senate took up and considered a bill from the House of Repre-
sentatives, to authorise the Governor of Tennessee to commute capital
punishment, to imprisonment for life in the Penitentiary, in certain cases,
Which bill was read a first time and passed.
The Senate took up and considered a bill from the House of Repre-
sentatives relating to the adjjdication of land warrants,
Which bill was read a first time and passed.
The Senate took up and considered a bill from the House of Represen-
tatives, to appointTiustees to receive the donation of William VVright,
deceased, and for other [im poses,
Which bill was read a first time ?nd passed.
A message from the House of Representatives, by mr. Mitchell their
clerk:
Mr. Speaker: The House of Representatives have read a third and
last time and passed the following entitled bills :
A bill to amend an act entitled, An act to reform and amend the penal
laws of the State of Tennessee, passed the 9th of December 1839.
A bill to amend the laws in relation to Forcible entry and detainer,
which I am directed to transmit to the Senate and ask a concurrence there-
on.
The House of Representatives took up and read the petition of 107
citizeis of Tipton county praying the General Assembly to require the
banks to resume specie payment, which I am directed to transmit to the
Senate.
The Speaker of the House of Representatives, did this day sign the
following enrolled bill :» nt it led,
An act to amend (he law in relation to common schools in Lincoln
county, which 1 am directed to transmit to the Senate for the signature of
the Honorable Speaker thereof—and then he withdrew.
Wheteupon the Speaker of the Senate did sign said enrolled act, and
ordered that the same he transmitted to the House of Representatives for
its further action thereon,
THE SENATE.
365
The Senate took up and considered a bill from the House of Repre-
sentatives to amend the charter of incorporation of Spring Hill Female
Academy, in Jlfaury county,
Which bill was read a first time and parsed.
The Senate took up and considered a resolution from the House of
Representatives to amend the 4th section of the 10th article of the Consti-
tion of the State of Tennessee, so as to permit the Legislature of the State
of Tennessee to divide the county of Perry,
Which resolution being read, and the question " shall said resolution
pass ?" was had and determined in the affirmative—ayes 15, nays 5.
The ayes and nays being demanded,
The affirmative voters were r
Messrs. Ashe, Bradbury, Frey, Foster, Jennings, Johnson, Maclin,
Martin, Matthews, Nelson, Peyton, Sevier, Waterhouse, Williams and
mr. Speaker Turney—15.
The negative voters were:
Messrs. Hardwicke, Ledbetter, Miller, Motley and Warner—5.
So said resolution was passed upon its first reading.
On motion of mr. Williams,
The Senate adjourned until .Monday morning next at 9 o'clock.
MONDAY, DEC. 20, 1841.
Mr. Warner introduced a bill to incorporate the Marshall Academy,
in Marshall county.
Which was read a first time and passed.
The Senate on motion of mr. Martin took up and considered a bill to
amend the charter of incorporation of the Spring Hill Female Academy
in Maury county, f
Which bill was read a second time and passed.
Mr. Jennings introduced a bill to provide for and regulate the inspec-
tion of Tobacco.
Which was read a first time and passed.
Mr. Gardner asked and obtained leave to withdraw said bill for
amendment.
Mr. Gardner submitted the following:
Whereas, the present Revenue system of this State, so far as the same
is designed to enforce the collection of taxes on real estaste is manifestly
defective, and inefficient, and
Whereas, the inefficiency in our Revenue laws operate to deprive the
State, as also many of the counties thereof, of a large amount of Revenue
which they are justly entitled to receive, tmd
Whereas, the state of things produces an unjust and oppressive inequal-
ity in the imposition and distribution of public burthens amongst the cit-
izens of this State in contributing the necessary means to the support of
the State and county governments—
For remedy whereof:
Resolved, by the General Assembly of the State of Tennessee, That
the Judges of the Supreme Court of this State, now in session, in this
JOURNAL OF
city, be and they are hereby requested to prepare and report a bill to
improve and render more efficient the present Revenue system of this
State, in reference to tiie collection of taxes on land and town lots, and
that they be requested to perform this duty as early as may comport with
their Judicial engagements, with a view to the speedy action of this Gen-
era! Assembly on the bill which they may report.
Resolved, That a copy .of the foregoing be furnished to each of the
Judges,
Which being read, was laid on the table.
Mr. Laughlin submitted tbe following preamble and resolutions .
Whereas^ two vacancies exist in the Senate of the United States from
this State: and
Whereas, in choosing Senators to fill said vacancies, the popular will
should be consulted and obeyed, so far as the same is known and can be
ascertained : and
Whereas, u is manifest that tbe people of this State are nearly equally
divided'in political sentiment—one portion having at the general election
in August last, acted and vo'ed with the Democratic party, and tbe other
portion with the Whig party ; and the result of the said election was,
that a majority of Democratic members were elected and relumed to the
Senate, and a majority of Whig members were elected and returned to
tbe House of Representatives of this General Assembly ; and
Whereas, it would be unjust and improper, as not reflecting the will
of the whole people of the State, to elect two Senators of the Whig
jurty, thereby leaving.the Democratic party without a voice in the
Senjte of the United States, and more especially two Senators who
conceal their opinions on important public subjects, and refuse to avow
them when respectfully interrogated by members of this General As-
sembly: And,
Whereas, it would be equally unjust and improper, as not reflecting
the will of the whole people of the State to choose two Senators of the
Democratic party, thereby leaving the Whig party without a voice in
the Senate of the United States: And,
Whereas, it is manifest from the ineffectual attempts, which have
been made at the present General Assembly, that neither party can
succeed in choosing two Senators of their own party, and that no
choice can be mode but upon principles of mutual concession and com-
promise—Therefore,
1. Resolved by the General Assembly of the State of Tennessee,
That it is expedient and proper to choose two Senators to the Con-
gress of the United States, to fill the two vacancies in that body from
this State, one of whom shall be of the Democratic party, and the
other of whom shall be of the "Whig party.
2. Resolved, That in order to carry into effect the foregoing resolu-
tion, Hopkins L. Turney, a citizen of the county of Franklin, in this
State, being a member of the Democratic party, who has admitted
the right of instruction, and has responded to interrogatories upon pub-
lie subjects propounded to him by members of this General Assembly,
be and he is hereby chosen a Senator in the Congress of the United
THE SENATE.
367
States, to fill the vacancy occasioned by the death of the Honorable
Felix Grundy, late a member of that body,
3. Resolved, That in order to carry into farther effect the first of the
foregoing Resolutions, that Thomas Brown, a citizen of the county of
Roane in this State, a member of the Whig party, who has admitted
the right of instruction, and has responded to interrogatories on pub-
lie subjects, propounded to him by members of this General Assembly,
be and he is hereby chosen a Senator in the Congress of the United
States, to fill the vacancy occasioned in that body by the expiration of
the constitutional term of service of the former incumbent, being the
unexpired remainder of the term of six years commencing on the 4th
of March, 1841.
Which being read was laid on the table.
Air. Ashe introduced *a bill to incorporate the Trenton, Brownsville
and Somerville Turnpike company.
Which was read a first time and passed.
The Senate took up and considered a bill from the House of Rep-
resentatives, to amend an act entitled an act to reform and amend the
penal laws of the State of Tennessee, passed 9th of December,
1829.
Which bill was read a first time and passed.
The Senate took up and considered a bill from the House of Rep-
resentatives to. amend an act entitled an act to regulate and simplify
the distribution and division of the estates of persons dying insolvent,
passed October 18th, 1841.
Which bill was read a second time and passed.
The Senate took up and considered a bill from the House of Rep-
resentatives to appoint Trustees, to receive the donation from William
Wright, deceased, and for other purposes.
Which bill being read, mr. Foster moved the following amend-
meat:
Provided that said Trustees shall not acquire, or have, or possess
uiider this act any other property as such trustees than the donation
of said William Wright.
Which amendment being read and considered by the Senate, was
adopted.
And said bill as amended, was read a second time and passed.
The Senate then took up and considered a bill from the House of
Representatives to authorize the Governor of Tennessee, to commute
capital punishments to imprisonment for life in the Penitentiary, in
certain cases.
Which being read, said bill was, on motion of mr. Reneau, referred
to the committee on the Judiciary,
The Senate took up and considered a bill from the House of Rep-
resentatives, to amend the act of 1823—chapter 21, in relation to de-
linquent constables.
Which being read—mr. Foster moved to amend said bill by adding
thereto the following:
Provided, that nothing herein contained shall be so construed as to
authorize a judgment by motion against a constable or other officer and
368
JOURNAL OF-
his Securities, except in cases where the debt or demand collected, Was
originally cognizable before a justice of the peace.
Which amendment being read and considered by the Senate, was
adopted.
Mr. Warner moved to amend said bill by inserting therein after the
words " twelve and a half per cent interest," the words "from and
after the time application or demand is made for said money so receiv-
ed."
Which amendment was read, considered, and adopted.
Said bill as amended was read a second time and passed.
The Senate, on motion of mr. Rerieau, took up and considered a
bill from the House of Representatives, to charter the Sevier county
Turnpike company; which being read, mr. Warner moved to amend
said bill, by adding thereto the following:
Sec. 15.' Be it enacted, That the real and personal property of the
individuals composing said company'be, and the same is hereby made
liable for the payment of the debts contracted by said company, or for
a.ny debt or debts contracted by the authority aforesaid; which being
read, and the question, Shall said amendment be adopted ? being had,
was determined in the negative—ayes 7, noes 14.
The ayes and noes being demanded,
The affirmative voters were:
Messrs. Gardner, Johnson, Laughlin, Martin, Matthews, Warner and
Water house—7.
The negative voters were:
Messrs. Ashe, Bradbury, Foster, Frey, Jennings, Ledbetter, Maclin,
Miller, Motley, Nelson, Reneau, Sevier, Williams and mr. Speaker
Turney—14.
Said amendment was rejected.
And said bill, as amended, was read a second time and passed.
The Senate took Up and considered a bill from the House of Repre-
sentatives, relating to the adjudication of land warrants; which bill
being read, mr. Foster moved to lay it on the table, which motion he
afterwards withdrew.
Mr. Gardner moved to refer said bill to the committee on public
lands; which motion prevailed, and said bill was referred.
On motion of mr. Foster,
The Senate adjourned until 2 o'clock, p. m.
evening session.
The Senate took up and considered a bill from the House of Repre-
sentatives, to amend the laws in relation to forcible entry and detain-
er; which bill was read a first time and passed.
On motion of mr. Gardner, said bill was referred to the committee
on the judiciary.
The Senate took up and considered a bill' to amend an act entitled
" an act to amend an act passed the 9th day of Februmj7-, 1836, chap,
15which being read, mr. Gardner moved to strike out the word
« first," occurring in said bill before the words " da) of December,"
THE SENATE.
369
and insert in lieu thereof the word " lastwhich being considered by
the Senate, was adopted.
Mr. Williams asked and obtained leave to withdraw said bill for
amendment.
The Senate took up and considered a bill to amend the act of 1821,
chap. 14, relating to cases of forcible entry and detainer; which bill,
on motion of mr. Gardner, was referred to the judiciary committee.
The Senate took up and considered a bill directing the internal im-
provement books, records and papers, to be transferred from the office
of the Secretary of State, to the office of the Comptroller of the Trea-
sury, and for other purposes.
Mr. Laughliu moved to amend said bill by striking out the word
<k further " in the enacting part of said bill, wherever the same occurs;
which being considered by the Senate, said amendment was adopted.
Said bill, as amended, was read a third and last time; and the ques-
tion recurring on the passage of said bill, was had and determined in
the affirmative—ayes 15, noes 6'.
The ayes and noes being demanded,
The affirmative voters were :
Messrs. Bradbury, Frey, Gardner, Ilardwicke, Jennings, Johnson,
Laughlin, Ledbctter, Maclin, Motley, Nelson, Peyton, Powell, Sevier
and Williams—15.
The negative voters were :
Messrs. Martin, Matthews, Miller, Warner, Waterhouse and mr.
Speaker Turney—6.
So said bill was passed upon its third and last reading, was ordered
to be engrossed, and transmitted to the House of Representatives.
The Senate, on motion of mr. Williams, took up and considered a
resolution by him submitted, instructing the committee on internal im-
provement to enquire into the expediency of accepting the proposition
of the Louisville, Cincinnati and Charleston Railroad Company, relat-
iug to the release of the State of Tennessee as a stockholder in said
railroad company, and the surrender of the bonds of the State of T<ffi-
nessee to the amount of $650,000, upon certain conditions; which
being read, mr. Williams submitted the following in lieu of said reso-
lution:
Resolved, by the General Assembly of the State of Tennessee,
That, the committee upon internal improvement be instructed to en-
quire into the expediency of accepting the proposition of the Louis-
ville, Cincinnati and Charleston Railroad Company, to discharge the
State from further liability as a stockholder in said road upon the pay-
ment of $3 40 cents per share, the estimated expense of surveys in.
this State by said company, and that they report by bill or otherwise;
which being read, ,mid amendment was adopted in lieu of the original
resolution—and v a read and adopted.
Ordered, that th-■ clerk acquaint the House of Representatives there-
with, and ask the <• incurrence of the House therein.
The Senate t< ml up and considered a bill giving George W. Williams
aiidJosialiM Aiulcison further time to complete a Turnpike road;
which bill was ic. d a second time and passed.
26
370
JOURNAL OF
The Senate took up and considered a hill to authorise the appoint-
ment of a receiver for each Chancery court in this State ; which bill
was read a second time ; when mr. Iiardvvicke moved to amend saidt
bill by adding thereto the following: Provided, the provisions of the
above act shall not extend to the Western Chancery District of the
State of Tennessee.
Mr. Nelson moved the indefinite postponement, of said bill arid
amendment; and the question thereon being had, was determined in
the affirmative—ayes 16, noes 3.
The ayes and noes being demanded,
The affirmative voters were:
Messrs. Frey, Hardwicke, Jennings, Johnson, Ledbetter, Maclin,
Martin, Matthews, Miller, Motley, Nelson, Peyton, Sevier, Warner, Wa-
terhouse and Williams—16.
The negative voters were:
Messrs. Foster, Laughlin and mr. Speaker Turney—3.
So said bill was indefinitely postponed.
Mr. Martin introduced a bill to secure the estates of orphans; which
bill was read a first time and passed.
On motion of mr. Nelson,
The Senate adjourned until to-morrow morning 9 o'clock.
TUESDAY, DEC. 21, 1S41.
The Senate, on motion of mr. Ledbetter, took up the consideration
of a resolution by him submitted on yesterday, relating to the further
prosecution of a suit in chancery, brought by the State of Tennessee
against the Jefferson Turnpike Company, upon the allegation of fraud
in the obtaining bonds of the State, which allegation is denied by the
stockholders of said company; and proposing that the whole matter
be referred to a select committee, who shall consider the matters alleg-
ed in said bill, and answer with a view to a speedy adjustment of thu
suit, &c.; which being read, said resolution was adopted.
Ordered, that messrs. Nelson, Martin, A/aclin, Foster and Ledbetter,
be appointed of said committee.
Mr. Reneau submitted the following:
Whereas, by the 4th section of the 2d article of the constitution of
the State of Tennessee, it is provided, that "an enumeration of the
qualified voters, and an apportionment of the Representatives in the
General Assembly, " shall be made in the year one thousand eight
hundred and forty-one, and within every subsequent period of ten
years."
And whereas, no body in this State can have constitutional authori-
ty to make laws, elect Senators to Congress, or to elect the officers of
the State whose appointment by the constitutionis vested in the Legis-
lature, unless the members of that body are elected in conformity with
the provisions of the constitution; and no valid election for members
to the Legislature can take place from any county or district, unless
such county or district has an express, subsisting and continuing au-
TIIE SENATE.
371
thoiity from that instrument or law, passed in accordance with its pro-
visions for holding the same at the tihie it is gone into. And
Whereas, it is provider! in the Consitution, that as necessary to the
election of members to the Legislature, uan apportionment of the Repre-
sentatives in the General Jlsscmbly shall be. made in the year 1841, (Mtf
within every subsequent term of l&n years;" it follows that unless a law ma-
king such " apportionment " be passed before the first day of January
1842, there can be no elections constitutionally held for members of the
Legislature after that day ; because there will be no subsisting authority
in that instrument, or any law passed in accordance with its provisions,
for holding such elections. From all of which it follows that the passage
of a law, laying off Senatorial and, Representative districts, demands the
immediate and pressing attention of. both parties in this General Assem-
blv and that they unite together in a spirit of concession and compro-
mise, to effect the work so imperiously required,—Therefore :
Resolved, By the General Assembly that a committee of be ap-
pointed by the Senate to act with one to be appointed by the House of
Representatives, to Report a bill as soon as practicable, laying offSenato-
rial and Representative districts in conformity with, the spirit and require-
ments of the Constitution,
Which being read, was laid on the table.
The Senate on motion of mr. Reneau took up and considered a bill
from the House of Representatives, to charier the SevierCounty Turn-
pike Company,
Which was read as amended a third and last time.
Mb Watei house offered the following, amendment to said bill ;
Sec. 15. Beit enacted, That the Legislature shall have the power at
any time, to alter, amend, or repeal said charter, when in their opinion
the public interest shall require it,
And said amendment being read, and the question upon the adoption of
said amendment being had was determined in the negative—ayes 9,
nays 13.
The ayes and nays being demanded,
The affirmative voters were :
Messrs. Gardner, Johnson, Laughliu, Maclin, Martin, Matthews, Pow-
ell, Warner and Waterhouse—9.
The negative voters were:
Messis. Ashe, Bradbury, Frey, Foster, Jennings, Ledbetter, wilier,
Nelson, Peyton, Sevier, Williams and mr. Speaker Turney—13.
So said amendment was rejected.
The question then recurred upon the passage of said bill, which being
bad was determined in the affirmative,
So said bill as amended was passed upon its third and last reading, was
ordered to be transmitted to the House of Representatives.
Ordered that the Clerk acquaint the House of Representatives with the
amendments made to said bill by the Senate, and ask a concurrence there-
in.
A message from the House of Representatives by mr. Jl/itchell their
clerk :
372
JOURNAL OF
Air. Speaker: The House of Representatives has read a third and
last time and passed the following entitled bill ;
A bill to revive an act entitled an act for the benefit of certain reservees,
chapter 24, passed at Murfreesborough August 22, 1822, and to revive
an act, entitled an act to revive an act entitled an act for the benefit of cer-
tain reservees, passed at Murfreessborough in 1823, chapter 175, and to
revive an act passed at Murfreesborough 1825, chapter 12, entitled an act
to revive an act entitled an act for the benefit of certain reservees, pass-
ed at Murfreesborough August 223,1822—which I am directed to trans-
mit. to the Senate and ask a concurrence therein.
Also a resolution, directory to the Superintendent of Public Instruc-
tion, adopted by the House of Representatives, which I am directed to
transmit to the Senate and ask a concurrence therein.
The Speaker of the House of Representatives did this day 'sign an
enrolled act, entitled ail act, creating William Staples, of the county of
Morgan, a corporation sole, for the purpose of constructing a Turnpike
rpad—and then he withdrew.
Whereupon the Speaker of the Senate signed said enrolled act, and or-
dered that the same be transmitted to the House of Representatives, for
further action thereon to be had.
On motion of mr. Ledbetter, ihe Senate took up and considered a bill
from the House ot Representatives to suppress illegal gaming,
Which being read, mr. Foster moved to amend the nineteenth section
thereof, by striking out after the words "guilty of aiding in the," the
word " transporting," and inserting in lieu thereof the Words " coming or
bringing, or cause to be brought," which being read, and considered of
by the Senate, s^aid amendment was adopted.
And said bill as amended was read a second time and passed.
■ The Senate, on motion of mr. Ledbetter, took up and considered a bill
to prevent betting on elections, which being read,
Mr. Turney moved to amend said bill by adding the following thereto:
Sec. 5. Be it enacted, That so much of the act of 1833, chapter 25,
prohibiting treating at elections, as requires two or more grand jurors to
have a knowledge of the fact, before a presentment can be made, be re-
pealed, and heieafter presentments may be made under the provisions of
the said act, upon the knowledge of one grand juror, as in other cases,
Which being read, and the question upon the adoption of said amendment
being had was determined in the affirmative—ayes 15, nays S.
The ayes and noes being demanded,
Thi! affirmative voters were :
Messrs. Aslic, Foster, Frey, Garduer, Hardwieke, Jennings, Laugh-
lin, Ledbetter, Peyton, Rene ail, Sevier, Warner, Waterhouse, Williams
and mr. Speaker Turney—15.
The negative voters were :
Messrs. Bradbury, Johnson, Maclin, Martin, Matthews, Miller, Mot-
ley, and Nelson—8.
So said amendment was adopted.
Air. Williams moved to amend said bill by adding the following;
Sec. 6. Be it enacted, That debts upon all wagering contracts, when
THE SENATE.
373
the same shall be reduced to writing, shall be recoverable in law as
other debts, provided, that nothing herein contained, shall be so con-
strued as to prevent the punishment of offenders against the laws of
gaming.
Which being read; and the question upon the adoption of said
amendment being had, was determined in the negative—ayes, 5-—nays,
17.
The ayes and noes being demanded,
The affirmative voters were :
Messrs. Bradbury, Johnson, Maclin, Sevier and Williams—5.
The negative voters were :
Messrs. Ashe, Foster, Frey, Gardner, Ilardwicke, Jennings, Laugh-
lin, Ledbclter, Martin, Matthews, Miller, Motley, Nelson, Peyton, Re-
neau, Waterhouse, Warner and Speaker Turney—17.
SO said amendment was rejected.
Mr. Nelson moved the indefinite postponement of said bill, and the
question thereon being had was determined in the negative—ayes, 9
^-n ays, 14.
The ayes and noes being demanded,
The aiiirniative voters were:
fl/essrs. Bradbury, Maclin, Matthews, Miller, Motley, Nelson, Sevier,
Warner and Williams—9.
The negative vol ers were :
A/essrs. Ashe, Foster, Frey, Gardner, Ilardwkke, Jennings, John-
.>on. Lcdbettcr, Martin, Peyton, Reneau, Waterhouse, and mr. Speak-
_r Turney—14.
So said motion to postpone indefinitely was rejected.
Said bill as amended was read a second time and passed. '
On motion of mr. J/atthews,
The Senate adjourned until 2 o'clock, p. m.
evening session.
The Senate, on motion of mr. Martin, took up and considered a bill
iiom the House of Representatives, to amend the charter of incorpora-
tion of the Spring Hill Female Academy, in Maury county.
Which bill was read a second time and passed.
The Senate, on motion of mr. Warner, took up and considered a bill
to incorporate Marshall Academy, in the county of Marshall.
Which being read, mr. Warner moved to amend said bill by insert-
ing in the blank occurring in said bill after the words, " General Assem-
bly of the State of Tennessee, That," by inserting in said blank the
following names, to-wit:
" James C. Record, George W. Haywood, James Osburn, Levi
Cochran, Thomas Ross, Benjamin Williams and John Paxton."
Mr. Warner moved further to amend said bill by striking out of the
fourth section, after the words " appointing a treasurer every," the
word " three," and inserting in lieu thereof the word " four,"
Which amendments being read and considered by the Senate, were
adopted.
374
JOURNAL OF
And said bill as amended was read a second time and passed.
The Senate, on motion of mr. Gardner, took up and considered a
resolution by him submitted on the 20th inst., proposing to request the
judges of the supreme court of this State, to report a bill to amend the
revenue laws of this State in reference to the collection of taxes on
real estate.—Which being read,
And the question on the adoption of said resolution being had, was
determined in the negative—ayes, 6—nays, 17.
The ayes and noes being demanded,
The affirmative voters were:
Messrs. Gardner, Hardwicke, Laughlin, Powell, Sevier, andmr.
Speaker Turney—6.
The negative voters were:
Messrs. Ashe, Bradbury, Foster, Frey, Jennings, Johnson, Led-
better, waclin, Martin, Matthews, Miller, Motley, Nelson, Peyton, War-
lier, Waterhouse, and Williams—17.
So said resolution was rejected.
Mr. Foster introduced a bill to amend the act of 1799, chap. 8.
Which bill was read a first time and passed,
Mr. Waterhouse introduced a bill prescribing the time, place and
manner of choosing Senators to the Congress of the United States,
Which bill was read a first time and passed.
.The Senate took up and considered a bill from the House of Repre-
sentatives to amend an act entitled an act to reform and amend the pe-
nal laws of the State of Tennessee, passed 9th of December, 1S29.
Which being read a second time, on motion of mr. Martin, said
bill was laid on the table.
The Senate took up and considered a bill from the House of Repre-
sentatives, to amend an act entitled an act to regulate and simplify the
distribution and division of the estates of persons dying insolvent, pass-
bd Oct. 18th, 1841.
Which bill was read a third and last time, and the question " Shall
said bill pass ?" was had and determined in the affirmative—ayes, 17
—nays, 5.
The ayes and noes being demanded,
The affirmative voters were:
J/essrs. Ashe, Bradbury, Foster, Frey, Hardwicke, Jennings,
Johnson, Laughlin, Ledbetter, Motley, Peyton, Powell, Sevier, War- '
ner, Waterhouse, Williams and mr. Speaker Turney—17.
The negative voters were ;
A/essrs. Maclin, Martin, Matthews, Miller and Nelson—5.
So said bill was passed upon its third and last reading, was ordered
to be transmitted to the House of Representatives for enrolment.
The Senate took up and considered a bill from the House of Rep-
resentatives to appoint Trustees, to receive the donation of William
Wright, deceased, and for other purposes.
Which bill was read a third time, when mr. Foster moved to amend
said bill by striking out the word "corporation," wherever the same
occurs in said bill, and inserting in lieu thereof the word " trustees."
THE SENATE.
375
Mr. Foster moved further to amend said bill by adding thereto the
following:
Provided that said Trustees shall not acquire, or have, or possess
under this act any other property as such trustees than the donation
of said William Wright.
Which being read, and the sense of the Senate thereon being had,
said amendments were adopted.
Mr. Ledbetter moved to amend said bill by striking out the whole
thereof with the amendments after the caption and preamble, and of-
fered the following in lieu thereof:
Be it enacted by the General Assembly of the State of Tennessee,
That Alexander L. P. Green, John F. Hughes, George W. Dye, John
B. A/cFerren and James G. Henning, be, and they are hereby appoint-
ed Trustees under the last will and testament of YVilliam Wright, de-
ceased, late of il/bntgomery county in this State, to receive the be-
quests in said will 'to the il/ethodist Episcopal Church, and to appro-
priate the same according to the will and intention of the donor, and
that they have, enjoy and possess the same powers and privileges, as
if they had been appointed Trustees for such purpose by said will.
'Which amendment being read—
Mr. il/artin moved, the indefinite postponement of said bill and
amendments and the question thereon being had, was determined in
the negative—ayes, 7—nays, 14.
The ayeS and noes being demanded,
The affirmative voters were:
Messrs, Maclin, Martin, Miller, Nelson, Powell, Waterhouse and mr.
SpeakerTurney—7.
The negative voters were :
Messrs. Ashe, Bradbury, Foster, Frey, Hardwicke, Jennings, John-
son, Laughlin, Ledbetter, Matthews, Peyton, Sevier, Warner and Wii-
lianas—14.
So said motion to postpone said bill and amendments indefinitely
was rejected.
The question then recurred upon the amendment offered by mr.
Ledbetter, in lieu of the whole bill after the caption and preamble,
with the amendments thereto.
And the sense of the Senate being thereon had,
Said amendment was adopted in lieu of the whole bill and amend-
meats.
And said bill as amended was read a third and last time, and the
question, Shall said bill pass as amended? being had, was determined
in the affirmative—ayes 15—nays 6.
The ayes and noes being demanded,
The affirmative voters were :
Messrs, Ashe, Bradbury, Foster, Frey, Hardwicke, Jennings, John-
son, Laughlin, Ledbetter, Maclin, Matthews, Peyton, Sevier, Warner,
and Williams—15.
The negative voters were :
Messrs. ^artin, Miller, Nelson, Powell, Waterhouse, and mr. Speak-
cr Turney—'6.
JOURNAL OF
So said bill as amended was passed upon its third and Inst reading,
and was ordered to be transmitted to the House of Representatives.
Ordered, that the clerk acquaint the House of Representatives witl
the amendments made to said bill by the Senate, and ask a concur-
rence therein.
On motion of mr. Maclin,
The Senate adjourned until to-morrow morning, 9 o'clock.
WEDNESDAY, December 22, 1841.
Mr. Maclin presented the report of the President of the La Granm
Rail Road Company ; which being read, was, on motion of mr. Mac-
lin, transmitted to the House of Representatives.
Mr. Maclin presented the report of the Chief Engineer of the Mem-
phis and La Grange Rail Road Company; which being considered,
was, on motion of mr. Maclin, ordered to be transmitted to the House
of Representatives,
Mr. Nelson, chairman of the committee on Internal Improvement,
to whoul had been referred the memorial of the Iliwassce Ihiil Road
Company, reports that said committee have had the same uudjr coij-
sideration, and that by the permission of said committee the follow-
ing report, as the report of said chairman alone on said memorial, is
here submitted to the consideration of the Senate, and is as follows:—
The chairman of the committee on Internal Improvement, to whom
was referred the memorial of the Hiwassee Rail Road Company,
begs leave to present the following Report:
It is not the purpose of your committee at this time to enter into a
discussion of the general question of Internal Improvement. Looking
to the wants and interests of the State, and being actuated by that
wise and liberal policy which should characterize all legislation, the
General Assembly of 1S37 fixed upon a system which was, at that
time, considered broad, equitable and, practicable. And although some
ol jections may have'been subsequently foubd to exist to that law, and
notwithstanding experience may have suggested some alterations es-
sential to the carrying out in their full extent the liberal and enlighten-
ed policy of the State, yet the general provisions of that law have,k
is believed, not met the approbation of a very large majority of our com-
moil constituents. To have entered into a system by which the State
would have become involved in an immense expenditure for public
works, without providing the means of meeting the interest annually
accruing oil the debt thus contracted, would have been improvident, if
not dishonest. With a wise reference to this consideration, our prede-
cessors first fixed on an amount for which the State was to become
liable, and then created an institution, or fiscal agent, a portion of
whose profits, together with the dividends arising from, public works,
are set apart for the liquidation of the interest of the Internal Im-
provemcnt debt. This part of the system has thus far worked well,
the Bank having promptly paid in specie, semi-annually, all the accru-
ing interest on the State B6nds up to the present time, and when the
public works, now in progress of construction, or yet to be undertaken,
THE SENATE.
377
shall be completed, and the profits arising therefrom be made availa-
bio by the State, no apprehensions can or ought to exist as to the ade-
quateness of the fund which will be thus provided to meet the whole
Internal Improvement liabilities of the State.
The sum set apart by the Legislature of '37 to be invested by the
State in public works, was four millions of dollars. . By a resolution
adopted by the Senate on the , it was made the duty of the
conmfittc-e to examine and report the amount of the State liabilities
for Internal Improvements, &c. By a subsequent resolution of the
House of Representatives, the Secretary of State was called on for a
similar report.
This report was drawn with great care, and embraces much imp or-
taut information, and as it has beeh examined and compared by youi
committee with the books and documents in the Secretary's office,
they would respectfully refer the Senate to it for all the information
sought to be obtained by the resolution referred to. Of the four mil-
lions set apart by the Legislature of '37 for public works exclusive
of the improvement of tl e rivers, thirteen hundred thousand dollars
were appropriated to the Eastern Division of the State; fifteen linn-
dred thousand dollars to the Middle Division, and nine hundred thou-
sand dollars to the Western Division.
Of the sums thus set apart for the respective divisions of the State,
it will be seen, from the Secretary's report, that there has been sub-
scribed by the State to public works in West Tennessee, three hundred
and thirty-nine thousand five hundred dollars, and to Middle Temies-
see one million three hundred and seventy-seven thousa id one bun-
dred and seventy-six dollars, leaving an amount, exclusive of the river
appropriations, of one hundred find twenty-two thousand eight him-
dred and thirty-four dollars yet to be appropriated to the former, find
five hundred and sixty thousand five hundred dollars to the latter.
The thirteen hundred thousand dollars set apart for East Teniics-
see was divided by the State's subscription for stock, in equal proper-
tions, between the Louisville, Cincinnati and Charleston and the Hi-
wassce Rail Roads. The former of these improvements having been
abandoned, so far at least as Tennessee is concerned, and that sub-
scription having been formally relinquished by the Company, leaves
a balance of six hundred and fifty thousand dollars to he appropriated
to East Tennessee. What then is to he done with these uuappropri-
ated balances? Is the law of the 25th of January, 1840, to remain
in force, by which the Governor is prohibited from subscribing on the
part of the State for any additional stock in Internal Improvement
Companies ? Or is the liberal and enlightened policy of the Legisla-
ture of 1837 to be carried out and the means be afforded of intersect-
ing the three grand divisions of the State with necessary and valuable
improvements, and thus meeting the just and long cherished expecta-
tions of the community ? Without intending at this time to discuss
the question, your committee would remark that when additional pub-
lie works are manifestly wanted, when the trade and travel of the
country require them, and when the interest and prosperity of the
community would thereby be promoted, it is unquestionably the duty
378
JOURNAL OF
of the State, under existing circumstances, to step forward and aid in
the construction of such public works, no matter in which division of
the State, or without stopping to inquire whether East, Middle or AVest
Tennessee has its prq rata State's subscription, until each has gone
to the full extent of the compromise of 1837. There are some works
already begun in which the State is largely interested, and which may
require an additional subscription on her part to complete such im-
provement, aiid thus secure from absolute loss that which lias already
been expended. To give additional assistance to Companies unable
to complete works already begun, will, doubtless, save thousands both
to individuals and the State. And when this is manifestly necessary,
is it not the imperative duty of the Legislature to step forward to the
relief of such Companies? When this is the case, or when a new
improvement is called for by the wants of the community, who is
willing to turn coldly aside from these equitable demands, and de-
liberately close the purse strings of the State, when by her own de-
liberate acts these reasonable expectations have been excited, fostered
and encouraged—only to be disappointed. At the time of the adop-
tion of the Internal Improvement law of '37, such was the general
wish of East Tennessee to have a communication by railway with
the Southern Atlantic seaboard, that her delegates, with great una-
nimity, agreed in the opinion that the public interest would be best
promoted by appropriating the entire amount of the public fund set
apart for that division of the State, to the attainment of this desirable
and all-important object. This■ was done by an equal division of
thirteen hundred thousand dollars, as has already been observed, be-
tween two railways. One of these roads having been abandoned as
impracticable, it was natural to expect that the views of the people of
that portion of East Tennessee through which that road was expected
to have passed, should have undergone some change in regard to the
fund thus appropriated, and that they should now desire that inter-
ests, then of minor sonsideration, but now of primary importance to
them, should be secured. That they should wish the construction of
a graded turnpike to the North Carolina line, in addition to a Mc-
Adamized road from Knoxville, through the center of the State, to
the Virginia line, is reasonable, and have many and important claims
on the consideration of the Legislature.
But that they should desire that the entire fund relinquished by the Lou-
isville, Cincinnati and Charleston Railroad Company should be expended
in that portion of the State, in the construction of lateral branches of this
main stem of McAdam road, is perhaps not asking more titan is desirable
for mere neighborhood purposes, but is probably asking more tbanindi-
vidual enterprise could be found toco-operate in the completion of, than
when completed would he profitable either to the State or to individual
stockholders. But there are other interests which should not he over-
loooked ; at least one half of East Tennessee still looks with absorbing
interest to the attainment of the object which the Legislature of '37 had
in view, in making an appropriation of a portion of the public fund to
that portion of the State—namely, the opening of a communication by
Railway with the South. Individuals s'eppedforwaid and have already
THE SENATE.
3b
expended about three hundred thousand dollars of their private means )n
the prosecution of the great enterprise—they thus far struggled through
difficulties numerous and appalling, and have kept their work slo.vly, yfct
steady moving forward without even attempting any frauds upon tie Stat^,
but as will be seen by reference to the report of the commissioiers ap^
pointed under the law of 1840, made after the strictest scrutiny into llip
affairs of the Company, and under the solemn obligation of an oftili, havd
at all times acted in perfect good faith and with a due regard tcthe hit
terests of all concerned. This company now comes forward and asks a^
the hands of the General Assembly, such assistance as will enable them
to effect the great purpose which the Legislature of '37 had in view, an
object in the attainment of which, all East Tennessee is either urmedi-
diately or remotely interested. If the two Railroads in East Tennessee
had both been constructed, the business would have been divided between
them, and the State being equally interested in both, her profits, as well
as that of-individuals, must have been diminished, just in propoiton to
the expenses of keeping up two, instead of one road. If by the con-
struction of one of these roads, which not only leads to the same point
as the one abandoned, but as will hereafter he shown, opens to a mon ex-
tensive and profitable market, will not the interest both of the State and
of individuals, be best promoted by its completion ? If, therefore, the
interests of the State should be looked to in making any further appro)ria-
lions of funds to public works, or in other words-, if the profits arising
therefrom be a legitimate object for the consideration of the Legislature,
then your committee are of opinion that the true policy of the State, so
far as East Tennessee is,concerned, is to aid in the completion ot the
Hivvassee Railroad, and in conclusion of a central McAdam road from its
termination at Knoxville io the Virginia State line, together with a graded
road to the North Carolina line. These roads acting as feeders to each
other, would increase the profits of all, and the interests of that portion
of the State he secured and promoted : and it is believed that the fund
now at the disposal of tfie Legislature and properly belonging to East
Tennessee is sufficient for the attainment of these objects.
From the memorial of the Hivvassee Railroad Company which was re-
ferred to jour committee, we are informed that nearly the whole of their
road, lying between Blairs's Ferry on the Tennessee river and the Geor-
gia line, being a distance of sixty-seven miles, has been graded, and that
more than six hundred thousand dollars have been expended on the work.
Here then, your committee are of opinion, are interests both of the State
and individuals, of too much magnitude to be surrendered when it can be
prevented by additional aid, and particularly when greater and'more im-
portant results, than the mere saving money, will thereby be obtained.
Your committee also learn that the company failing, after repeated
efforts to obtain the iron for their road in our own country at any price,
and being unwilling to send the money abroad for this indispensable arli-
"cle, and thus deprive the country of so large an amount of capital, have
determined to manufacture their own Railroad iron, and tlieir establish-
ment being located near the ro^d on the Hivvassee river, where immense
beds of the most valuable iron ore, have with praiseworthy liberality.
350
JOURNAL OF
b^en giv4n by individuals to the company, and so conveniently situated
aihong the stockholders, that many of them can, and are paying their
s'ock inprovisions and work, for which the company would have to pa)
the cash presents in the estimation of your committee additional cleimson
the tibe ality of the State. This project of the Hivvassee Railroad com-
pany tolmanufacture their own Railroad irot*> has attracted the general
nd favorable notice of the country, and has called forth from the news-
aperspf the day in every direction, the highest encomiums, the most ar-
dent wishes, and strongest hopes for the success of a company, which
has stjpped forward as the pioneer in an undertaking, which is
to disenthrall the United States from a humiliating and ruinous depend-
ence di England for this indispensible article, in the construction of those
publici works, which are not only destined ere long to bind these Slates
togetljer by the indissoluble ties of interest, but which are to become im-
portait links in the grand chain of national defence, which will render
our cbmmon country impregnable against the combined efforts of Europe.
And urely this Legislature will not refuse its aid and co-operation in the
attaiilment of these Important results.
Rut it is believed there is enough in the peculiar condition of East
Teniessee to constitute claims of the strongest character to the liberality
of tile Legislature. Providence has blessed that portion of the State
will a salubrious and luealthy climate, with an excellent and productive
soil J immense and never failing water power, inexhaustible beds of stone
CoaLiron ore and other minerals—in a word nature has most bountifully
conferri d on East Tennessee all the material or constituent parts re'quis-
jte tlo make her in an eminent degree both an agi'icultural and manul'ac-
turiiig community.
p liy then, it may be asked, has she made but little advancement either
in Agriculture or manufactures ? Why, with all her immense and avail-
abie resources is she comparatively poor, dependent, and depressed?
Tile answer is plain and beyond controversy.
hit j 1ms hud uo inducements to call forth her energies, or to excite
in fl encourage her enterprise. East Tennessee is almost entirely sur-
ro m led "by mountains, and is destitute of any rpad to market, for her
I mncipnl river is not only so obstructed as to render it totally unfit for
mitigation, except for a few pionths in the year; but worse than all,
it docs not run in such a direction as will conduct the produce of tin
country to rui adequate market. No amelioration of the condition of
East Tenia ssee can be expected, or even hoped for, until a new ami
better channel of trade is opened to her citizens. In vain will her
streams roll on west to the ocean, presenting innumerable water-falls,
and inviting the attention of the manufacturer—in vain will develope-
mcnt after developement exhibit her valuable and boundless mineral
wealth—in vain will her mountains and hills and valleys offer rich har-
vests to the grazier and the agriculturist, until an opening or daily tho-
rpughfare is secured te a market calculated to justify the calling into
action and profitable requisition, those various and important resources.
Such an improvement is the Hiwassee Railroad. That this public
work is such an one as is necessary, and will be productive of the ii>
terests, either directly or indirectly, of all East Tennessee.
TIIE SENATE.
381
Your committee would "beg leave to refer the Senate, in general
terms, to the following exhibition1 of facts, contained in th| memorial
of that company.
1. That the Hiwassee Railroad commences at KnoxvilleJ the center^
of East Tennessee, and embraces within its immediate Mluence alt
those counties which lie between Knoxville and the Georgii State line,
while all the counties east of that place, can by means of the numerj
ous streams by which they are intersected, bring their products to th<f
Railroad. So high a value does the State of Georgia set on the pro-
ducts or trade of East Tennessee, that she is vigorously en; aged in the
construction of a Railroad at the sole expense of that Statu to connect
with the Iliwassee Railroad at the Tennessee State line. This public
work of Georgia extends into the interior of that State aluut one hun-'
dred and twenty miles, and will be met at its southern termination by
two other Railroads, the one commencing at Charleston ind rinuing
through Augusta; the other at Savannah, and passing tirouffh Ma-
con. Of the rout from Charleston, near two hundred aid fifty mile?
of Railroad arc completed and in daily use ; and on tile Savannah
rout, about two hundred miles are believed to ho in operation; and
the whole distance from the city of Savannah to Blair's ferry oil the
Tennessee river, with the exception of about twenty miles, ip giaded
and in readiness to receive the superstructure ; and each pf th<jse roads
is being pushed forward with an energy, excited and ilicregbed by a
rivalry to secure the trade of East Tennessee, which insures them cer-
toin and speedy construction. Alabama is also extending a Railroad
from "Montgomery, the head of steamboat navigation- oh the Alabama
river, to connect with the Qcorgia improvements, ancj thus with the
Hiwassee road.
Now, your committee wotdd respectfully ask the Senol-e to look at
these facts*, and weigh them well. Here is an improvement under-
taken, and thus far prosecute^, on joint account of the State and indi-,
viduals, embracing in its benign influence, either directly of indirectly,
the whole of that division of the State in which it is located, and open-
ing a daily, uninterrupted thoroughfare for her products, not only to
the whole of that wealthy and extensive portion of the south from
Charleston to Mobile, but to every seaboard on the broad Atlantic.
This Railroad now comes forward, and solicits an increase of capi-
fal of the concern. They ask for a portion of the fund originally ap-
propriated to another similar work, \vhich was designed to extend to
one of the points which will he reached through that channel; and
your committee do believe, that if grefyt and constantly increasing in-
terests, if the promotion of benefiuai results, which cannot be too
highly estimated, constitute legitime subjects fpr legislation, then
may the Hiwassee Railroad hope for .1 distance at our hands.
There may be, and probably does exi u an impression, that railroads
are unprofitable stocks. If this were really true, where a road has
not only been begun,and a large ••runnut already expended in its con-
straction, but when its Completion v ould secure advantages of a most
important and beneficial character 10 m. extensive portion of the State,
every principle bf interest and patrinlism forbid that such public work
JOURNAL OF
should be abandoned. But to assume that railroad stocks are unpro-
ductivc, is a position not warranted by facts and experience. It i»
true, that tlere are some railroads which, not only being badly located,
but built wth an expensive superstructure of small timbers and light
hrce-flat hon rails, require such, heavy annual expenditures to keep
hem in rep
nble. But
)f the times
ur, that in the very nature of things, tliey cannot be profit-
here is no one, at ail conversant with the railroad statistics
but must have observed that the stock/5 of all railroads
hich have been constructed with substantial timbers and iron, so as
bear the [transportation of heavy burdens, have be£n more firm, and
3mand, even through the unparalleled difficulties of the
mes, both i^i England and the United States, than/ any other stocks.
Frqmthe Railroad Journal of July last, we" fifid that the Grand
uncture, tie Great Western, the London and Birmingham, and the
iverpool aid Manchester Railways, in England^ are producing from
^ight U thireen per cent, dividends, and that thq stock of these roads
is worth from fifty to one hundred per cent, premium. The capitalists
of Massachusetts have invested near twenty tnillious of dollars in
railways, which is yielding, even in these hard times, seven per cent,
profit. But without going too much into detail on this branch of the
subject, youi committee would merely add, fiiat the portions of the
two great northern lines of railway now in operation, with which the
Hiwasse® Itai'road will connect, have been yielding a profit of from
six to twelve per cent.,.though not yet completed.
But an it lpression has and may yet exist that it is only short rail~
ways that < re profitable. If there be any laboring under such iinpres-
sions, they ire referred to the English and American roads, a statement
of the value of whose stock is given above, and they will find that
they vary ii length from twenty to a hundred and forty miles, and
that the longest is the most profitable. The public mind is undergo-
inga total revolution 011 the subject, and the committee cannot bhter
answer the Objection to Railways, if it now really exists, than by
adopting thd language of a writer of great practical experience on the
subject. He remarks " in carrying on a long line of Railroad there
is a great saving in the fuel, in the expense of loading and unloading,
and in the general expenses. And while the expenses are less in pro-
portion to the length of the road, the tributary sources, right and left
of the road, and at each end of it, increase as the square of the dis-
tance. If a Railroad two hundred miles long attracted to itself tribu-
tary sources from a strip of country (right and left of it and each end
of it) of precisely the same width, as would a Railroad a hundred
miles long, the consequence would be (other things being equal) that
the tributary sources of increase of a Railroad two hundred miles
long would be double those of a Railroad a hundred miles long. But
it is evident that as yon increase the length of the Railroad you also
increase the power of attraction, and extend this power of attraction
over greater width. Following the course of reasoning we readily ar-
rive at the conclusion that the strip of country attracted by a Bail-
road two hundred miles long is twice as wide as the strip of country
attracted by a Railroad a hundred miles wide, being thus twice vy
THE SENATE.
3S3
wide, as well as twice as long, it follows mathematically (other things
Wng equal,) that the tributary sources of increase to the Railroad
two hundred miles, will be four times as great as those of a Railroad
a hundred miles. Hence the pre-eminent success and good dividends
of the long line of Railroad completed in England, notwithstanding
their enormous cost." The length of the Hiwassee Railroad, when
completed will be about ninety-five miles, but connected with the
great line of railways now in progress of construction fn Georgia,
without embracing the Charleston road there will be an unbroken line
of railway from Kuoxville to Savannah, of about 450 miles. Now if
the position assumed by the writer above quoted be true, (and every
day's experience in the dividends and value of long Railroad stocks
testifies to its correctness) when this immense chain of railway shall
be in operation, and without a rival, or the possibility of one bearing
along the travel and annually increasing products of ail East Tennes-
see, can a doubt exist as to the productiveness of the - stock, and the
consequent increase of the value of the real property of that section of
the State, and the' immense and salutary influence it will havo on "the
industry and enterprise and prosperity of her citizens.
An opinion once prevailed that railways were only suitable for the
transportation of passengers and light articles, such as goods, &c., and
that water or canals were the only proper and profitable medium for
the conveyance of heavy articles, live stock, &c, But the immense
trains or tonnage, which are now constantly being carried alpng rail-
ways properly constructed with heavy superstructive, capable of sus-
taining such burdens and the immense speed with which they ara
borne onward to their destination, are rapidiy dispelling this notion.—
Live stock is almost daily conveyed to market on railways and ill great-
lyless time and expense than by any other mode of conveyance.
The following statement will sliow the correctness of this position.
A drove of hogs were at Augusta a short time since, and the owner
learning that there was a better market for them at Charleston, put
them in the Railroad cars at Augusta and had them conveyed to
Charleston, a distance of 136 miles, in a single day, at ninety cents a
head, where he sold them on the following day at eight dollars per
hundred. To have taken these hogs in the ordinary way and by the
common road, he would have had to travel a hundred and fifty or
sixty miles, which would have occupied some sixteen or eighteen
days, at an average expense, owing to the high price of corn there, of
at least three dollars per head. Here there was a clear saving of two
dollars and ten cents on each hog, besides the gain of time and the ex-
emption from loss of weight consequent on driving them on foot.—
Wheu'tlie Hiwassee Railroad shall be completed, no doubt can exist
but that not only all the manufactured and agricultural products and
goods sent from or brought into East Tennessee, but all the bogs, cat-
tie, horses and mules raised for market in that portion of the State, or
brought from Kentucky, will find their Way to Augusta, Charleston,
Savannah, Macon, Montgomery, Mobile and all other intermediate
places, along that channel, and the various extended improvements
with which it connects.
3S4
JOURNAL OF
To satisfy every candid and inquiring mind of the great superiority of
railways and canals in the transportation, not only of passengers, but
of merchandize, agricultural and mineral products, live stock, and
every thing else, but two examples, and those in our own country,
need be given. Some time since a canal was constructed at great ex-
pense to connect the waters of the Delaware with the Raritan river,
thus affording a direct internal water communication between the
cities- of Philadelphia and New York. For a considerable time this
■canal did an immense and profitable business, and at one time the
stock was as high as 140 or 150 per cent, advance on the original cost
per share. In the process of time a railway was constructed between
those two cities running for miles on the margin of the canal, and
which at this very time is doing all the business, and the canal stock,
once so valuable, can now scarcely he given away. A canal was con-
structed along tlie Schuylkill, called the Schuylkill Canal, from the
-st* ne coal region of Pennsylvania to the city of Philadelphia. A rail-
w;ty has recently been constructed in the immediate vicinity of the
canal, connecting the same points, which is now transporting coal at
two dollars ptr ton, and is doing a profitable business, while the canal,
being unable to carry the same article at less than three dollars per
ton, is falling rapidly into disuse, and its stock will doubtless soon be
worthless.
From improvements which are constantly being made, both in rail-
ways and locomotives, the one being adapted to sustain, and the other
to haul the most incredible amount of tonnage, 110 reasonable doubt
can exist, that, ere long, railways will take precedence of every other
mode of conveyance. And, in the language of a writer in the Rail-
road Journal, above quoted from, your committee would add, "the
day is not distant, when railways in this country, on mainlines, judi-
ciously constructed, will be sought after by our capitalists with more
avidity thou they subscribed to safety bank stock during the years-
1835, ?36 and '37; and we predict that this class of investments will
be considered as secure as productive real estate, and will have a pre-
fercuce over investments in bank stocks generally, in the United
States."
To the liberal and enlightened statesman, no duty is more delightful
and imperative, than that of contributing by a judicious course of legis-
lation, to the happiness and prosperity of his country.
No section of the Union embraces more extensively or beneficially
those natural advantages so essential to the manufacturing and agri-
Cultural community, than does East Tennessee.
By extending additional assistance to the important public work al-
ready begun in that portion of the State, and aiding in the construe-
tion of such others as the public wants may require, all those immense
resources will be called into' action and profitable use. Believing this
can, be done without the State incurring for East Tennessee a larger
proportional expenditure than has been or may be incurred for the
other two grand divisions of the State, the committee beg leave to
submit a fill, the passage of which they would recommend, and which,
THE SENATE.
3S3
it is believed, will greatly acid bot;h to tile population and prosperity of
Ea.it Tennessee. All of which is respectfully submitted.
JOHN R. NELSON, Cli'n
Internal Improvement Committee.
Which, report being read, was ordered to the table.
JUr. Nelson, chairman of theTnternal li ipiovement committee, to
whom had been referred the m anuria I of the lliwassee Railroad Com-
pany, by permission of said committee, reports the following bill:
A bill for the beneiit of the Hiwassee Railroad Company, and to in-
corporate the Central Turnpike Company, and the - Turnpike
Company in East Tennessee; which bilL was read a first time and
passed.
J/r. Laughlin submitted the following:
Eesohvd by I be Gen >ra? ilwimhhj of the State of Tennessee,
That the President and Directors of the lliwassee Railroad Company
be required, and they are hereby required to report to the present ses-
sion of the General Assembly, if practicable, and if not, then' to the
nest session of the General Assemb^, whether the same shall be a re-
gnlar or extra session; and in the said report, shall state and reply
fully to the following interrogatories, which said report and answers,
shall be verified by the affidavits of the President and Clerk or Secrer
tary of said company—that is to say :
1. State the date when said company was first organized.
2. State the total amount of stock subscribed by private stockhold-
ers, with a list of their names and the amount subscribed by each.
3. State tbe total amount of stock which lias been actually paid in
in cash by the whole number of private stockholders, and also annex
to the name of each stockholder, the amount so paid by such stock-
holder.
4. State the dates when each instalment of stock was paid by the
private stockholders, and the date of the payment by each stockholder
individually.
5. State the whole amount of stock of private stockholders, which
remains unpaid, with the name of each-stockholder owing the same.
G. State the whole amount of State bonds issued and received by
the company, on the stock subscribed by the State in said company.
7. What disposition has been made of said bonds? Whether the
same or any part thereof have been sold, and to whom, and at what
price, and whether the same or any part thereof have been pledged
for the loan of money, or in security for money borrowed, and to whom
the same or any part thereof are so pledged.
8. State who have been the salaried officers of said company since
organization, and what has been the amount of the salaries paid tor
said officers yearly, since the organization of said company, up to the
date of making said, report.
9. State the name 6f each officer^ including the President or Presi-
dents, and Engineer or Engineers, and the names of all the other otfi-
cers or agents, and the amounts of salaries and compensations i Inch
have been paid or agreed to be paid to each—and the length of time,
specifying the particular time and dates, during which each of said of-
27
336
JOURNAL OF
ficers have been employed by said company up to the date of said
report.
10. State whether different amounts of salaries have been paid in
different years to any or all of said officers, and to whom, with the va-
riations in the amount of each.
11. State what amount of the funds of said company, if any, have
at any time been vested in iron-works, steamboats, or in any other
work or works, or business, than the construction of said road; and if
so vested, or proposed to be so vested, let the authority be stated for
making said investment or investments.
12. State what salaries, and to what officers, if any, have continued
to accrue and be paid, when the actual work on said road iias been in
a state of suspension—and if so, for what length of time, and to what
amount of each, have said salaries accrued or been paid.
13. State whether said company has assumed the authority of issu-
ing bills, either as bank notes, orders, certificates, drafts or acceptances,
intended to be circulated as money or change bills, and if so, to what
amount, and by what authority, and.what funds have been set apart
or provided for the redemption of said notes, drafts, orders, certificates
or acceptances.
Which being read, was laid on the table.
The Senate took up and considered a bill from the House of Repre-
sentatives to amend thb act of 1823, chap. 21, in relation to delinquent
constables; which bill was read a third and last time.
J\Jr. Turney moved to strike out the amendment to said bill moved
by mr. Warner, and adopted; which amendment is as follows : "From
and after the time application or demand is made for said money so
received."
Mr. Foster moved to amend said amendment, by adding thereto the
following: " Provided, after said demand shall have been made."
Mr. Laughlin moved to postpone said bill and amendment indefi-
nitely.
Jlif. Foster then withdrew his amendment.
The question on striking out the amendment offered by mr. Warner,
and adopted, being on the motion of mr. Turney; which being con-
sidered, and the sense of the Senate thereon had, said motion to strike
out said amendment was rejected.
Mr. Laughlin withdrew his motion indefinitely to postpone said bill
and amendment.
The question recurring on the passage of said bill, was had and de-
termined in the affirmative—ayes 15, noes 8.
The ayes and noes being demanded,
The affirmative voters were :
Messrs. Ashe, Bradbury,Foster,Frey, Gardner, Hardwicke, Jennings,
Johnson, Ledbctter, Maciin, Motley, Peyton, Powell, Sevier and War-
ner—15.
The negative voters were:
Messrs. Laughlin, Maciin, Matthews, Miller, Nelson, Waterhouse,
Williams and mr. Speaker Turney—8.
So said bill,as amended, was passed upon itstlrrd and last reading,
THE SENATE.
387
and was ordered to be engrossed, and transmitted to the House of Re-
presentatives.
Ordered, that the clerk acquaint the House of Representatives with
the Senate's amendment to said bill, and ask a concurrence therein.
The Senate took up and considered a bill from the House of Repre-
scntatives, to revive ail act entitled "an act for the benefit of certain
reservees, chap. 24, passed at Murfreesborough, Aug." 27, 1822 ;" and
to revive an act entitled " an act to revive an act entitled an act for the
benefit of certain reservees, passed at Murfreesborough in 1822, chap.
175and to revive an act passed at Murfreesborough in 1825, chap.
12, entitled, an act entitled an act for the benefit of certain reservees,,
passed at Murfreesborough Aug. 22, 1822.
Which bill was read a first time* and passed.
The Senate took up and considered a bill to compel the Judges of
the Supreme couit to give written opinions in all cases in their courts,
including its present term; and the reporter of the State to report
them; which bill was read a third time.
Mr. Foster moved to amend said bill by striking out the following:
"Provided, that in ail cases where the counsel upon either side shall
require such decision to be reported, the same shall be reported;"-
which being considered, and the sense of the Senate thereon had, said
amendment was adopted.
And said bill as amended was read a third and last time, and the
question, Shall said bill pass? being had, was determined in the afiir-
mative—ayes 19—nays 3.
Tiie eyes and noes being demanded,
The affirmative voters were :
Messrs. Bradbury, Foster, Fi^, Gardner, Hardwicke, Jennings,
Johnson, Laughlin, Ledbetter, aiaclin, Miller, Motley, Nelson, Peyton,
Powell, Sevier, Waterhouse and mr. Speaker Turney—19.
The negative voters were :
Messrs. Martin, Matthews and Warner—3.
So said bill was passed upon its third and last reading, and was or-
dered to be engrossed and transmitted to the House of Representa-
lives.
On motion of mr. Ledbetter,
The Senate adjourned until 2 o'clock, p. m.
evening- session.
The Senate, on motion of mr. Frey, took up and considered a bill
from the House of Representatives, to change the time of holding the
Circuit courts for the 7th judicial circuit, and the Chancery courts at
Clarksville and Charlotte.
And the amendment of the House of Representatives, to the
amendment of the Senate being read and considered by the Senate,
was concurred in.
Mr. Frey moved to amend the Senate's amendment to said bill by
striking out the first and second sections, and inserting in lieu thereof,
the fy'owimr:
38S
JOURNAL OF
Sec. 1. That the circuit courts of the seventh judicial circuit shall
hereafter be held at the following times, to-wit: For the county of
Robertson on the first Jibnday in February, June and October. For
the county of Dickson on the third fi/onday in February, June and
October. For the county of Stewart on the fourth J/bnday iu Fcbrn-
ary, June and October. For the county of J/ontgomery on the that
il/onday in A/arch, July and November. For the county of Hum-
phreys on the first U/onday ill April, August and December, in each
and every year.
Sec. 2. Be it enacted, That the district chancery courts in said cir-
cuit, shall be held at Clarksville on the third J/oiuhiy in *)I\rcli and
September, and at Clarksville on the fourth J/onday in A/arch and
September,.in each year.
Which being read, and the sense of the Senate thereon had, said
amendment was adopted in lieu of .the first and second sections of the
Senate's former amendment.
Ordered, that the clerk acquaint the House of Representatives there-
with, and ask the concurrence of the House therein.
The Senate took up and considered a bill to incorporate Marshall
Academy, in the'county of Marshall.
Which was read a third and last time, and the question "Shall,
said bill pass ?" was had and determined in the affirmative.
So said bill was passed upon its third and last reading, was order-
ed to be engrossed and transmitted to the House of Representatives.
The Senate took up and considered a bill for the relief of Curtis
Kennedy.
Which bill was read a second time and passed.
The Senate took up and considered a bill giving George W. Vfil-
liams and Josiah M. Anderson further time to complete a Turnpike
road.
Which bill was read a third and last time, and the question "Shall
said bill pass ?" was had and determined inthe affirmative.
So said bill was passed upon its third and last reading, was ordered
to be engrossed, and transmitted to the House of Representatives.
The Senate took up and considered a bill to prevent betting on elec-
tions.
Which bill was read a second time, and the question upon the pas-
sage of said bill being had was determined in the negative—ayes 5—
nays 15.
The ayes and noes being demanded,
The affiri i Live voters were :
JUessrs. Fnt it r, Jennings, Ledbetter, Peyton, and mr. Speaker Tur-
ney—5.
The negative voters were:
dl/es^ ^ ^r< y, Gardner, Hardwicke, Johnson, Laughlin, Maclin,
.Martin , iirvs, Miller, Motley, Nelson, Powell, Sevier, Warner, Wa-
terhoui ,, l d M illiams—15.
So said, hi I v as rejected upon its second reading.
Mr. Gardner introduced a bill for the relief of such persons as ob-
THE SENATE.
3S9
taincd license to retail liquor after the passage of the Tipliiig act. of
"18:18, and before its promulgation.
"Which hill was read a fhv>t time and passed.
On motion of mr. Waterhouse,
Tlie commilti e on hanks is discharged from the further consideration
of a bill to establish a branch of the Batik of Tennessee at Chattanoo-
ga in the county of Hamilton.
Tin1 Senate took up and considered a bill to prevent allowances, and
to fix permanently the fees of Clerks of the several courts of this
State.
"Which bill was read a third and last time ; -and the question, 011 the
pass j "-e of said bill being had, was deter mined in the affirmative—ayes
14—nays 9.
The ayes and noes being* demanded,
The affirmative voters were :
Messrs. Bradbury, Frey, Gardner, Hardwicke, Jennings, Johnson,*
Ledbetter, Martin, Miller, Peyton, Powell, Warner, Waterliouse and
mr. Speaker Turney—14.
The negative voters were :
Messrs. Ashe, Foster, Laughlin, Maclin, Matthews, Motle}r, Nelson,
Sevier, and Williams—9.
So 'said bill was j n^*"d upon its third and last reading, was ordered
1.1 ba engn^ed and transmitted to the House of Representatives.
Tiie Senate took up and considered a bill to divide the interest on
Ll s Gibson county Academy fund between the Trenton Male and Fe-
male Academy.
Which hill was read a second time and passed.
On motion of mr. Martin, said hill was referred to the committee
011 the judiciary.
The Smite took up and considered a bill to establish the 15th Soli-
eitorial district.
Which bill was read a second time.
Mr. Johnson moved to amend said bill, by striking out the word
u Sullivan.1'
Which being considered by the Senate, said amendment was adopt-
ed.
The question then recurred upon the passage of said hill upon its
second reading, which was determined in the negative—ayes 6—nays
17.
The ayes and noes being demanded by mr. Nelson,
The affirmative voters were :
Messrs. Hardwicke, Johnson, Laughlin, Maclin, Waterhouse, and
Speaker Turney—6.
The negative voters were:
Messrs. Ashe, Bradbury, Foster, Frey, Gardner, Jennings, Ledbet-
ter, Martin, Matthews, Miller, Motley, Nelson, Peyton, Powell, Sevier
and Williams—17.
So said hill was rejected upon its second reading.
The Senate took up and considered a bill to amend the act of 1799/
chapter 8.
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Which bill was read a second time.
And the question upon the passage of said bill was had and deter-
mined in the negative.
So said bill was rejected upon its second reading.
The Senate took up and considered a bill to authorise one of the
district constables, to perform the duties of town constable in Hunting-
don, Carroll county.
Which bill was read a second time and passed.
The Senate, on motion of mr. Jennings, took up' and considered a
bill to encourage Literature and Scientific associations.
Which bill was read a second time and passed—
When mr. Jennings asked and obtained leave to withdraw said bill
for amendment.
The Senate took up and considered a "bill to encourage Domestic
Manufactures.
On motion of mr. Warner, said bill was laid on the table.
The Senate took up and considered a bill for the relief of the Som-
erville college.
Which, on motion of mr. Maclin, was laid on the table.
The Senate took up and considered a bill to incorporate the
Trenton, Brownsville and Somerville Turnpike company.
On motion of mr. Ashe, said bill was laid on the table.
The Senate took up and considered a bill to make provision for the
supreme court of errors and appeals.
On motion of mr. Ashe, said bill was laid on the table.
The Senate took up and considered a bill to refund to John Hoyall
and Thomas MeCallin the consideration money paid by them in ma-
king entry no. 521, in the Ocoee district..
Which was read a second time and passed, and, on motion of mr.
Waterhouse, referred to the committee on claims.
On motion of mr. Williams,
The Senate adjourned until to-morrow morning, 9 o'clock.
THURSDAY, December 23, 1841.
Mr. Waterhouse presented the petition of sundry citizens of the
county of Hamilton, praying that a branch of the bank of Tennessee
be established at Chattanooga, in said county of Hamilton.
Which being read, on motion of mr. Waterhouse, ordered that said
petition be transmitted to the House of Representatives.
Mr. Waterhouse presented a petition from Edward Pankey and
others, citizens of the county of Marion, praying that the Trustees of
the common schools of Marion county, be required by law to refund
to said Edward Pankey sixty dollars with interest, for money paid
to said School commissioners by said Edward Pankey through mis-
take.
Which being read—
On motion of mr. Waterhouse, it is ordered that the same be trans-
* mitted to the House of Representatives.
Mr. Warner chairman of the committee on Claims, to whom had been
THE SENATE.
391
referred the memorial of Matthew Barrow, praying to be indemnified
for the improper payment of certain taxes upon lands in the Western
District—Repoits, that said committee have had the same under consid-
eration and are of opinion that the prayer of the petitioner is un-
reasonable and ought not to be allowed, and that said committee
have directed him to report the same, and to recommend the rejection
thereof—and said report being read, the Senate concur therein, and said
petition was laid on the table.
Mr. Warner chairman of the committee on Claims, to whom had been
referred the memorial of the securities ot M. G. Fellows, late Sheriff of
Greene county, with the petition of sundry citizens of Greene county, ac-
companying said memorial—Reports, that said committee have had the
same under consideration, that said committee are of opinion, that the
prayer of the memorialists and petitioners is unreasonable and ought not
to be granted, that said committee hav.e directed him to report said memo-
rial and petition, and to recommend their rejection—which report being
read, the Senate concur therein, and said memorial and petition was laid
on the table.
Mr. Warner chairman of the committee on Claims to whom had been
referred a bill from the House of Representatives, to make compensation
to Robert Tunnell, late Surve}Tor of the Iliwassee district—Reports,
that said committee have had the same under consideration, and are of
the opinion that the provisions contained in said bill are just and reason-
able, and that the compensation therein set forth should be allowed, and
that said committee have directed him to report said bill, and to recom-
mend its passage.
Whereupon said bill was read a second lime and passed.
• On motion of mr. Warner, said bill was laid on the table.
Air. Warner chairman of the committee on Claims, to whom had been
referred a bill to refund to John Hoyal and Thomas Me.Callie the con-
sideration money paid by them on making Entry No. 521, in the Ocoee
District:
Reports, that said committee hate had the same under consideration
and are of opinion that the provisions contained in said bill, are just and
reasonable, and that the amount of money in said bill mentioned, should be
refunded as by said bill required, and that said committee have directed
him to report, and recommend the passage thereof:
Mr. Warner further directing the attention of the Senate to the con-
sideration of said bill—moved that said bill be laid on the table, which
motion prevailed.
Air. Warner chairman of thecommittee on Claims, asked that said com-
mittee from the further consideration of a hill mak.ng compensation to
Willoughhy Williams, assignee of John C. McLemore, for certain valu-
able record books in the Secretary's Office, be discharged—which re-
quest being considered was granted, and said committee discharged.
Mr. Bradbury chairman of the committee on A/ilitary affairs, to whom
had been referred a bill from the House of Representatives to abolish
Spring musters and their Court marshals and drills—Reports, that said
committee have had said bill under consideration, think its provisions im.
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proper and incongenial with the spirit of military science, and that said
bill should not be passed, ami that said committee had directed him to re-
port said bill, and to recommend its rejection—which report being rend:
Aud the question recurring upon the passage of said bill being bad,
tvas determined in the affirmative—ayes 17, nays 7.
The affirmative voters were :
Messrs. Ashe, Bradbury, Frey, Gardner, Jennings, Laugblin, Maclin,
Martin, Motley, Nelson, Peyton, Reneau, Sevier, Warner, Waterbouse,
Williams and mr. Speaker Turney—17.
Tire negative voters were :
Messrs. Foster, Ilardwicke, Johnson, Ledbetter, Matthews, Miller
and Powell—7.
So said bill was passed on its second reading.
Mr. Ledbetter moved the following amendment to said bill, to wit:
Sec. 6. Be it enacted, That, it is hereby made the duly of the Bi'itradier
General of the thirteenth Brigade, composed of the counties of William-
son and Rutherford, to hold a Biigade carnp drill near the line between
said counties, once in each year, to commence on the day of ,
and to continue not less than two noi more than four days, arrmd ami
equipped as the law directs, and under the spine rules and regulations
heretofore provided by law for county drolls : Provided, that no commis-
sioned officer, below the grade of a captain shall be bound to alter d said
drills; hut the Staif officers of each Regiment attached to sdd Brigade,
shall give their attendance under the same penalties imposed lip n field
officers for failing to attend—which being read, was with said hid laid cn
the table.
Mr. Bradbury chairman of the committee on .Military a flairs, to wheni
had been referred a hill lo amend the Militia laws of the State—Repoit-
ed, that said committee have had the same under consideration, ; .id have
directed him to report said hill, with amendments thereto, by sti iking out
the 1st, 2d, 5th and 6(h sections thereof, and with said amendment to re-
commend the passage of said hill—and said report being read, was com-
curred in.
And said bill as amended, on report of the eommitttee, was i ead a se-
cond time and passed.
The Senate took up and consider ed a message from the House of Rep-
resentatives, transmitting apeti'ion of sundry citizens of Hardeman coun-
ly, remonstrating against the passage of any law, in conformity with a
petition diminishing the price upon marriage license, and for other mat-
tors in said petition, more particularly set forth—which being read, and
considered, when Mr. Foster moved to lay said petition on the table, until
the 1st February next, which being considered, said motion was rejected,
mr. Nelson moved to lay said petitition on tire table, which motion pre-
vailed.
The Senate took up and considered a bill from the House of Repre-
sentatives to suppress illegal voting.
On motion of mr. Laugblin, said bill was laid on the table.
The Senate took up and considered a bill from the House of Repre-
sentatives, to revive an act, entitled an act for the benefit of certain ie-
THE SENATE.
393
servees, chapter 24, passed at Murfreessborough, August 27, 1822, and
to revive an act entitled an act, to revive an act entitled an act, for the
benefit of certain rescrvees, passed at Murfreesborough in 1823, chapter
175, and to revive an act passed at Murfreesborough 1825, chapter 12,
entitled an act for the benefit of certain reservees, passed at Murfreesbo-
rough August 22d, 1822,
Which being read a second time:
On motion of rar, Reneau, said bill was referred to the committee on
public lands.
On motion of mr. Hiiller, the Senate took up a message from the
House of Representatives, transmittinga resolution adopted by the House
diieclory to the Supeiintendent on Public Instruction, relating to the first
common school district of Monroe county, and concerning a mistake
made in payingto the Trustees of said district, out of the common school
fund, a less sum than said district was entitled to out of said fund, and di-
renting the deficiency to be paid—which resolution being read, the Senate
concur therein.
Ordered that the clerk acquaint the House of Representatives there-
with.
A message from the House of Representatives by mr. Mitchell their
Cleik :
Ma. Speaker: The House, of Representatives look up and lead the
petition of the Tiustees of the. Louidturg Academy, in the county of
Marshall, and sundry citizens of said county, protesting against any law,
which may be propom 1 to he passed, authorising any other Academy in
said county to receive any portion of the Academy funds, which the Lou-
i&burg Academy is entitled to by law, which I am directed to transmit to
the Senate.
The Hurtvj of Representatives }ms rend and adopted a resolution
dirccling the Secretery of State of Tennessee to adjudicate land war-
rant No. 1210—in which I am directed to ask the concurrence of the
Sena te.
Trie Speaker of the House of Representatives did. this day sign the
following enrolled bills, eittitl >d:
An act to amoud the charter of incorporation of the Spring Hill
Academy in Maury county.
An act to amend ail act enlitjcd an act to regulate and simplify the
distribution and division of the estates of persons dying insolvent.—
Passed October 18, 1823.
And then he withdrew.
Whereupon the Speaker of the Senate signed said enrolled acts,
and ordered the same to be transmitted to the House of Representa-
lives for the further action of the House thereon to be had.
On motion of mr. Foster,
The Senate adjourned until 2 o'clock, p. m.
evening session,
The Senate took up and considered a bill to change the dividing
line between the counties of Robertson and
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Which bill was read a third and last time, and the question, Shall
the bill pass ? was had and determined in the affirmative.
So said bill was passed upon its third and last reading, and was or-
dered to be engrossed and transmitted to the House of Representa-
tivcs.
The Senate took lip and considered a bill to authorize one of the
district constables to perform the duties of town constable in Hunting-
don, Carrol county.
Which bill was read a third and last time, and the question, Shall
said bill pass ? was had and determined in the affirmative.
So said bill was passed upon its third and last reading, and was or-
dered to be engrossed and transmitted to the House of Representa-
tiyes.
The Senate took up and considered a bill for the relief of Curtis
Kennedy—which was read a third and last time.
Mr. Maclin moved to amend said bill by the following, which he
affixed in lieu of the whole bill, to wit:
A bill to provide for the payment of claims against the Bank of
Tennessee.
Sec. 1. Beit enacted by the General Assembly of the State of
Tennessee, That whenever the President and Directors of the Bank
of Tennessee shall be satisfied from proof by affidavits of credible
witnesses, that any Bank note or Bank notes of the said Bank, paya-
ble at the principal Bank, or any of its branches, may have been ac-
cidentally destroyed by fire in the possession of any person, it shall be
the duty of the said President and Directors, if the said note or notes
so destroyed,'were payable at the principal Bank to pay the amount
thereof to the proper owner of the same; or if payable at any branch
thereof they shall direct and authorize the said branch to pay the
amount thereof to the proper owner of said note or notes so proved
to have been destroyed as aforesaid : Provided, that two thirds of the
Board of the principal Bank present and acting shall be satisfied the
facts as stated, in the affidavits are true : And provided further, that
before payment of the same, the claimant shall execute his bond, with
at least two good and sufficient securities, payable to the President and
Directors of the Bank of Tennessee m double the amount so received,
conditioned that the said claim is just and that the parties will pre-
serve and protect the President and Directors of the Bank of Tennes-
see harmless from said Bank note or notes, so alleged to have been
lost as aforesaid.
Which being read, mr. Warner moved the following amendment to
said amendment:
Provided, that this act shall only apply to such notes of said Bank
that may have, been lost or destroyed before the passage of this act.
Which being read, was adopted, and said bill, as amended, was, on
motion of mr. Maclin, laid on the table.
On motion of mr. Foster,
The Senate adjourned until to-morrow morning 9 o'clocks
THE SENATE.
395
TUESDAY, DEC. 28, 1S41.
Mr. Waterhouse presented the petition of Moses Thompson, pray-
ing the extension of the term of his charter for a turnpike road from
Grassy Cove to the foot of the ridge in Rhea county, above the mouth
of Piney, and for relief in the graduation of said road.
Which being read, was, on motion of mr. Waterhouse, ordered to
be transmitted to the House of Representatives.
Mr. Maelin presented the petition of sundry citizens of the State of
Tennessee, relative to the surrender of the stock to the State of Ten-
nessee in the La Grange and Memphis Rail Road Company, by citi-
zen stockholders, to be indemnified by the future tolls accruing from
said road when completed.
Which being read, on motion of mr. Waterhouse, was ordered to
be transmitted to the House of Representatives.
Mr. Maclin presented the petition of sundry stockholders in the
La Grange and Memphis Rail Road Company, relative to the sur-
render of their stock in said road to the State of Tennessee.
Which being read, was, oil motion of mr. Maclin, ordered to be
transmitted to the House of Representatives.
Mr. Powell, chairman of the committee on Public Roads, to whom
had been referred the petition of Russell and Thomas C. Marchbanks,
relative to the erection of abridge across the Caney Fork, and praying
to be created a body politic and corporate, with a capital of £20,000,
with a privilege to issue bills of credit, &c., reports that said commit-
tee have had the same under consideration, and are of opinion that
said petition is unreasonable and ought not to be granted; that said
committee had instructed him to report said petition and to recom-
mend its rejection.
And said report being read, the Senate concur therein.
On motion of mr. Maclin,
The Senate took up and considered a message from the House of
Representatives, transmitting a resolution adopted by the House, di-
rectory to the Superintendent of Public Instruction, and requiring him
to pay over to the county of Hardeman certain moneys for the use of
Common Schools in said county.
Which being read, was, on motion of mr. Foster, referred to the
committee on Claims.
On motion of mr. Gardner,
The Senate took up and considered a resolution by him submited on
the 15th Nov. 1841, directory to the committee on the Judiciary, in-
structing said committee to inquire into the expediency of so altering
the Judicial system of this State so as to require but two instead of
three terms each year—abolishing the appearance term, and making
all cases liable at the first term under certain rules, &c.
Which being read, was adopted.
Mr. Foster submitted the following:
Resolved, That a committee of three of the Senate be appointed to
act with such committee as may be appointed'by the House to ascer-
396
JOURNAL OF
tain and report what number of the journals of the present session of
the Senate and House of Representatives shall he printed.
Which being read, the rule requiring said resolution to lie over one
day being suspended, said resolution was adopted.
Ordered, that niessrs. Frey, Reno m and Gardner be appointed of
said committee on part of the Senate.
Ordered, that the clerk acquaint the House of Representatives there-
with and ask a concurrence therein.
A message from the House of Representatives by nir. Mitchell, their
clerk:
Mr. Speaker: The House of Representatives have tabm up and
considered the amendment of the Senate to the amendment of the
House to a bill from the House of Representatives to cliaug? the
time of holding the Circuit Courts for the 7th Judicial Circuit, and the
Chancery Courts in Clarkesville and Charlotte, have amen Jed said
amendment.
The House of Representatives have taken up and considered the
amendment of the Senate to a bill from the House of Repivsuitulives,
to amend the charters of the Martin Academy at Joncshoro', and
McMiuii Academy at Rogersville—and non-concur therein.
The House of Representatives have taken up and considered the
Senate's ammdmeut to a hid of the House to authorize Chancel-
lors to appoint special terms for holding Chancery Courti—and nun-
concur therein.
The House of Representatives have taken up and considered the
Sen he's amendment to a bill of the House to make legal all the of-
fk'iul acts of James Rose as Deputy Clerk of the County Court of
Shefhy county—and noil-concur therein.
Hie House of Representatives have read a third and last time, and
passed a hill to extend the time tor the return of executions issued by
Justices of the Peace, and for other purposes—which I am directed to
transmit to the Senate and ask a concurrence therein.
The Speaker of the House of Representatives did this day sign an
enrolled memorial to the Congress of the United States, praying that
compensation may be made to the Tennessee volunteers who have
lost horses and other property in the late Indian war in Florida.
Also, an enrolled bill entitled an act to appoint Trustees to receive
the donation of William Wright, deceased, and for other purposes.
And then he withdrew.
Whereupon the Speaker of the Senate signed said enrolled memo-
rial and act, and ordered that the same be transmitted to the House of
Representatives for the further action of the House thereon to be
had.
The Senate took up and considered a bill from the House of
Representatives to abolish and discontinue spring musters and their
court martials and drills.
Which being read a third time,
31rf Matthews moved the indefinite postponement of said hill, and
the question being had, was determined in the negative.,
So said motion was rejected.
THE SENATE.
397
ATr. Foster moved to by sail bill on the table, which being coiisid-
ereil by the Senate, said motion prevailed and said bill was laid 011 the
table.
The Senate, on motion of mr. Frey, took up and considered a mes-
sage from the House of Representatives, transmitting an amendment
of the House to an amendment of the Senate, made to the amend-
merit of the House amending an amendment of the Senate to a bill
from thJ House of Represent itives to change tbe time of holding the
Circuit Courts for the 7th Judicial Circuit, and the Chancery Courts in
Ciarkesville and Charlotte.
Which bring read and consilered, the Senate concur therein.
Ordered that the clerk acquaint the House of Representatives there-
with.
The Senate, on motion of mr. Ross, took up and considered a mes-
sage from the House of Representatives, transmitting an amendment
of the House made to the S mate's amendment to a bill of the House
of Representatives to incorporate the inhabitants of the town of
Lynchburg in the county of Lincoln.
Which being read and considered, the Senate concur therein.
Ordered that the clerk acquaint the House of Representatives there-
w: .
T e Senate took up and considered a bill to amend the Militia laws
of this State.
Which bill was read a third and last time, and the question,- Shall
said bill pass? was had and determined in the affirmative.
So said bill was passed upon its third and last reading, and ordered
to be engrossed and transmitted to the House of Representatives.
On motion of mr. Powell,
The Senate adjourned until 2 o'clock, p. m.
evening session.
On motion of mr. Foster,
The Senate took up and considered a message from the House of
Representatives, transmitting to the Senate the non-concurrence of
the Ilouse to the amendment of the Senate to a bill of the House to
authorize Chancellors to appoint special terms for holding Chancery
Courts, with an'amendment of the House by striking-out of the Sen-
.ate's amendment in that part comprising the 3d section, the following
words, after the words "public good requires it"as well during
vacatioi -is in term time, under the same rules and regulations as now
provided by law in cases where the appointment is made in term time.
Which being read and considered, the Senate concur therein.
Ordered that the clerk acquaint the House of Representatives there-
with.
A message from the House of Representatives, by mr. Mitchell their
clerk:
ATr. Speaker: The House of Representatives have read a third and
last time
A bill to authorise and require the Entry taker of the Ocoee district,
398
JOURNAL OF
to refund money in certain cases—which I am directed to transmit to the
Senate and ask a concurrence therein.
The House of Representatives have read and considered the Senate's
amendments, to the bill from the House, to charter the Sevier Turnpike
company,
Also the Senate's amendment, to the bill from tbe House, to appoint
Trustees to receive the donation of William Wright deceased, and for
other purposes, which amendments are severally concurred in by the
House of Representatives—and then he withdrew.
The Senate took up and considered a message from the House of Repre-
sentatives, transmitting the non-concurience of the House to the Senates
amendment to a bill from the House of Representatives, to amend the
charter of the Martin Academy, at Jonesborough, and McMinn Academy,
at Rogersville,and for other purposes—which being read, and considered
of by the Senate, the Senate recedes from said amendment to said bill
Ordered that the clerk acquaint the House of Representatives there-
with.
The Senatp on motion of mr. Foster, took up and considered a bill from
tbe House of Representatives, to amend the law in relation to the exemp-
tion of certain property from execution,
Which bill being read, mr. Foster moved to amend the amendment of
the Senate by adding to the several sections the word, " shall be exempt-
ed from execution in civil as well as criminal cases "—which being read,
and'considered of by the Senate, said'amendment was adopted.
And said bill as amended was read a second lime and passed.
The Senate took up and considered a bill to amend an act passed Feb-
ruary 15th, 1836, chap. 43.
Which was laid on the table.
The Senate took up and considered a bill to regulate the practice of
shaving or purchasing notes, and to make it indictable to purchase or shave
notes at a greater discount than twelve and a half per cent.
Which bill was read a second time and the question "shall said bill
pass?" was had and determined in the negative.
So said bill was rejected upon its second reading.
The Senate took up and considered a bill from the House of Represen-
tatives to amend the Militia laws of this State,
Which being read a second time :
When mr. Gardner moved to postpone said bill indefinitely, and the
question thereon being had, was determined in the affirmative.
So said bill was indefinitely postponed on its second reading.
Ordered that said bill be transmitted to the House of Representatives,
and that the clerk acquaint the House therewith.
The Senate took up and considered a bill from the House of Repre-
sentatives for the relief of the commissioners appointed to superintend
the improvement of the navigation of the French Broad river at the Hang-
ing rock and Seven islands.
On motion of mr. Johnson, said bill was laid on the table.
The Senate took up and considered a bill to encourage agriculture in
tbe State of Tennessee.
THE SENATE,
399
"When on motion of mr. Gardner, said bill was laid on the table.
The Senate took up and considered a bill to regulate the pay of clerks
and masters, and to prevent the chancellors from making any allowance
other than the fees fixed by law.
On motion of mr. Foster, said bill was laid on the table, until the first
day of April next.
The Senate took up and considered a bill for the relief of the Somer-
ville College.
Which bill was laid on the table.
The Senate took up and considered a bill for the encouragement of do-
mestic manufactures.
"Which bill was laid on the table.
The Senate took up atid considered a "bill from the House of llepre-
sentatives to suppress illegal voting; which bill being read a third
time,
Hir. Frey moved to amend the Gth section of said bill, by adding
thereto the following proviso, to wit: " Provided, that any person wTho
has been a resident citizen within the bounds of any civil district in
which he may offer to vote, six months immediately preceding the day
of election, and in other respects being a qualified voter for members
of the General Assembly, shall be entitled to vote;" which .being
read, and the sense of the Senate thereon had, said amendment was
adopted.
J\1t. Laughlin moved to amend said bill by striking out the word
" further" in the enacting part of said bill, wheresoever tiie same may
occur.
Which being considered by the Senate, said amendment was adopt-
cd.
Mr. Foster moved to amend said bill in the third line of the 19th
section by changing the word " fraudulent," to the word " fraudulent-
]y."
Which being considered, said amendment was adopted.
Mr. Laughlin moved to amend said bill by striking out the 14th
section.
Which being considered, and the sense of the Senate thereon had,
said amendment was rejected.
Mr. Laughlin then demanded the ayes and nays upon his motion to
strike out the 14th section of said bill.
Which motion was decided as being out of order.
Mr. Johnson moved a re-consideration of the Senate's vote reject-
ing the motion made by mr. Laughlin to amend said bill, by striking
-out the 14th section thereof. '
Which being considered, said motion to re-consider prevailed.
Mr. Foster moved to amend said bill by striking out the words
"and Solicitors" in the second line of the 14th section.
Which being considered, said amendment was adopted.
Mr. Warner moved to amend said bill by striking out the whole
of the 14th section after the word "act."
Which being considered, said amendment was adopted.
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JOURNAL OF
Mr. Laughlm-renewed his motion to amend said hill by striking
out the 14th section thereof, and the question being thereon had, was
determined in the negative—ayes 5—nays 10.
The ayes and noes being demanded,
The affirmative voters were :
Messrs. Hardwicke, Laugh hi, Maclin, Matthews, and Warner—5.
The negative voters were :
Messrs. Ashe, Bradbury, Foster, Frey, Gardner, Jennings, Johnson,
Ledbetter, Miller, Motley, Powell, RooS, Sevier, Waterhouse, Wil-
liams and mr. Speaker Turney—10.
So said amendment by striking out the 14th section was rejected.
Said bill as amended was read a third-and last time, and Ihe
question recurring upon the passage of said bill was had a.ud deter-
mined in the affirmative—ayes 14—nays 7.
The ayes and noes being demanded,
The affirmative voters were :
Messrs, Ashe, Bradbury, Foster, Frey, Jennings, Ledbetter, miller.
Nelson, Powell, Ross, Sevier, Waterhouse, Williams and mr. Speak-
er Turney—14.
The negative voters were :
Messrs. Gardner, Hardwicke, Johnson, Laughlin, maclin, Matthews,
and Warner—7.
So said bill as amended was passed upon its third and last read-
ing and was ordered to be transmitted to the House of R:presenta-
tives.
Ordered that the clerk acquaint the House with the amendments
thereto, and ask a concurrence therein.
On motion of mr. Ashe,
The Senate adjourned until to-morrpw morning 9 o'clock.
WEDNESDAY, DEC. 29, 1841.
il/r. Foster, chairman from the committee on the Judiciary, to whom
had been referred a bill to regulate proceedings in actions of replevin
—Reports, that said committee have had the same under consideration,
and have directed him to report said bill with the following amend-
ments, to wit: strike out the words "held or detained," and the word
« detained/' wheresoever the same occur in said bill, and insert in lieit
thereof, the word "taken;" and to strike out the 9th section of said
bill, and to insert in lieu thereof the following section, to wit:
Sec. 9. Be it enacted, That where, in replevin, the verdict is for the
defendant, the judgment shall be, that the goods and chattels be re-
turned, or that the plaintiff and his securities in the writ of replevin,
pay the value thereof, with six per cent, interest thereon, and damages
for the detention from the time of the seizure, which shall be determin-
ed by the jury, and form a part of their verdict and all lawful costs;
and execution shall issue accordingly—and with said amendments to
recommend its passage.
Which bill, as amended, was read a second time and passed.
Mi. Foster, chairman of the committee on the Judiciary, to whom
THE SENATE.
401
had been referred a bill from the House of Representatives, to author-
ise the establishing of ferries on the Jl/ississippi river—Reports, that
said committee have had the same under consideration, and that a ma-
jority of said committee are of opinion, that the provisions contained
in said bill are proper, and should be passed, and that said committee
have instructed him to report said bill, and to recommend its passage.
Mi\ Foster moved to amend said bill by inserting therein, after the
words "east of said river," the words " when the public good may re-
quire it." Which being read, mr. Ashe moved to lay said amendment
on the table; which motion prevailing, said amendment was ordered
to. the table.
Said bill was read a third and last time, and the question recurring
on the passage of said bill, was had and determined in the affirmative.
So said bill was passed upon its third anil last reading, and was or-
dered to be transmitted to the House of Representatives for enroll-
ment.
Jlir. Foster, chairman of the committee on the Judiciary, to whom
had been referred a bill to amend the laws now in forge in relation to
the administration of the estates of deceased' persons—Reports, that
said committee have had the same under consideration, and have di-
rected him to report said bill with an amendment, striking out the
whole of said bill after the caption, and to insert the following in lieu
of said bill, and with said amendment, to recommend its passage;
which amendment is as follows, to wit:
Sec. 1. Be it enacted by the General Assembly of the State of
Tennessee, That where six months shall have elapsed from the death
of any testator or intestate, and no person will apply, or can be pro-
cured to administer on the estate of such decedent, it shall be lawful
for any of the next of kin, or any creditor of such estate, to file his
bill in the Chancery court of the district where such person may have
resided at the time of his death, or where the estate, goods and chat-
tels or effects of the decedent maybe, setting forth the facts of the
case, and that no person can be provided to administer the estate
agreeably to the laws now in force, and praying that an administrator
be appointed, with such other specific prayers required, and lor such
general relief. And such bill, if filed by a creditor or creditors, shall
be on behalf of all other creditors who may wish to come in and be
made parties on the usual terms, and the distributees and heirs of the
estate shall be authorised to be made parties defendants to such bill.
And if the bill is filed by the next of kin or any of them, it shall be
on behalf of all the distributees and heirs against the creditors thereof,
and such creditors shall be authorised to become defendants to such
bill: and thereupon, the court in term time, or chancellor or judge in
vacation, shall appoint an administrator of such estate, upon such
terms as he may think best; and the adr unistmtion of such estate
shall be conducted under the authority of i ^ Chancery court, in the
same maimer, aild under the same rules, re dilations and principles in
every respect as the administration of irn »t\ U estates is now conduct-
ed, except where the same is otherwise " ded for in this act: and
such administrator shall have the sam~ n rm as other administrators,
28
402
JOURNAL OP
except where he is restricted by the orders or decrees of the court
[All bills filed under this act shall* be sworn to.]
Sec. 2. Be it enacted, That such administrator may be removed
from office for any neglect or improper conduct in office, in the same
manner in every respect as receivers are now liable to be removed, and
shall make their reports, and be under the same responsibilities as re-
ceivers of chancery are subject to; and where an administrator is re-
moved, or shall die, or shall resign, a successor shall be appointed.
Sec. 3. Be it enacted, That such administrator, when appointed,,
shall be considered a party to the proceedings in court, and shall be
bound by any decree or order thereof, in the same manner a? other
parties are bound: and when any of the parlies interested in the es-
tate are minors, the court may appoint guardians to such minors.
Sec. 4. Be it enacted, That if an administrator is appointed under
this act by a chancellor or judge in vacation, it shall be upon the con-
dition of the complainant giving bond and security in double the value
of the estate to be administered, conditioned that such administrator
shall render a true inventory of the estate to the court at its next term,
so far as the same may come to his knowledge, and will deliver such
assets over, or place the same or its proceeds under the charge. The
judge or chancellor may also direct in his order that the- perishable pro-
perty belonging to the estate be sold.
Which bill, as amended, was read a third and last, time, and the
Question recurring upon the passage of said bill, being had, was deter-
mined in the affirmative—ayes 10', noes 8.
The ayes and noes being demauded,
The affirmative voters weie:
Aiessrs. Bradbury, Foster, Frey, Gardner, Flardwicke, Jennings,
Johnson, Laughlin, Ledbctter,.Peyton, Reneau, Ross, Sevier, Warner,
Waterliouse and mr. Speaker Turney—16.
The negative voters were: .
A/essrs. Ashe, A/aelin, Aiartin, A/atthews, A/iller, A/otley, Neison
and Williams—8.
So said bill, as amended, was passed upon its third and last reading,
and was ordered to be engrossed and transmitted to the House of Re-
presentatives.
Mr. Peyton introduced a bill for the better security of public ferries;
which hill was read a first .time and passed.
The Senate, on motion of mr. Reneau, took up and considered a bill
from the House of Representatives to incorporate a literary institution
in the town of A/aryville, Blount county, to be styled the "Maryvilla
College which bill was real a second time.
Mr. Williams moved to re-consider the vote of the Senate upon an
amendment offered by mr. Johnson upon the first reading of said bill,
on the 1st day of November, 1841.
The question upon the re-consideration of said vote being had, was
determined in the affirmative—ayes 13, noes 11.
The ayes and noes being demanded,
The affirmative voters were :
Messrs. Ashe, Bradbury, Foster, Frey, Jennings, Ledbctter, Motley,
THE SENATE.
403
Nelson, Peyton, Reneau, Sevier, Williams and mr. Speaker Turney
—13,
The negative voters were:
Messrs. Gardner, Hardwicke, Johnson, Maclin, Martin, Matthews,
niller, Powell, Ross, Warner and Waterhouse—11.
So said motion to re-consider said vote prevailed.
Gn motion of mr. Martin, said bill was laid on the table.
Gn motion of mr. Martin,
The Senate adjourned until 2 o'clock, p. m.
evening session.
A message from the House of Representatives, by mr. Mitchell their
■clerk:
Mr. Speaker : The House of Representatives have read a third
and last time, and passed a resolution to amend-the, fourth section of
the 10th article of the constitution of the State, so that the counties of
Bledsoe and Marion shall pome under the general provisions of the
constitution in forming new counties.
Also, a bill to amend an act entitled "an act to prevent frauds in en-
tering and selling lands previously appropriated, passed 29th January,
1840, chap. 128.
Also, a bill fof the benefit of Joseph Burnett, of il/arion county,
which I am directed to transmit to the Senate, and ask a concprrence
therein. And then he withdrew.
On motion of mr. Foster, the Senate took up and considered a bill
from the House of Representatives, to amend an act entitled "an act
to reform and amend the penal laws of the State of Tennessee," pass-
ed 9th Dec., 1829.
Mr. Martin moved to amend said bill by striking out the whole of
said bill from the caption to the 7th section ; which motion mr. Martin
afterwards withdrew.
Said bill was read a second time and passed.
On motion of mr. Bradbury,
The Senate adjourned until to-morrow morning, 9 o'clock.
THURSDAY, DEC. 30, 1841,
Mr. Maclin, chairman of the committee on public lands, to whom
had been referred a bill relating to the adjudication of laud warrants
—Reports, that said bill had been under consideration, atid that he re-
ports, that said bill be amended by striking out the 4th section thereof
and the chairman of said committee, with said amendment recom-
mends the passage of said bill; whiui report being read,
On motion of mr. Foster, said bill and report was le-comrhitted to
said committee for further consideration thereon, and for a further re-
port.
Mr. Gardner submitted the following :
Resoh'cd by the General Assembly of the Stale of Tennessee,
That His Excellency the Governor of the State of Tennessee be, and
404
JOURNAL OP
he is hereby instructed to open and hold a correspondence with the
Governor of Kentucky on the subject of altering the dividing line be-
tsveen the two States, so as to make its western extremity terminate
where it strikes the Mississippi river, with a view to have that portion
of the territory of the State of K< ulucky lying on and near the bonk
of tire Mississippi river, known and galled by the name of the Madrid
bend, in the State of Tennessee,
2, Resolved, That Ilis Excellency the Governor of the State of Ten-
nessee be, and he is hereby direct, d to lay before the next regular ses-
tsionof the General Assembly of the State such correspondence as lie
may open and hold with the Governor of Kentucky on the aforesaid
subject.
Which being read, 011 motion of mr. Gardner, tbe rule requiring
said resolution to he over one day, was slv pended, and said resolution
adopted.
Ordered that the clerk acquaint the House of Representatives there-
with, and ask a concurrence therein.
Mr. Ledbetter moved that the journal of the 23d instant, be cor-
rected by striking therefrom an amendment purporting to be offered by
the honorable Senator from Rutneifurd, to "a bill from the House of
Representatives to abolish and dLcoiffinue spring musters and their
court martiuls and drills/' proposing to establish brigade camp drills
in the 13tli brigade—Said amendment having been placed on the jour-
nal through mi .lake, and not upon the motion of the Senator from
Rutherford.
Which motion prevailing, said amendment was accordingly1" made.
The Senate, 011 motion of mr. Renean, took up and considered a
bill from the Home of Representatives to incorporate a Literary In-
stitution in the town of J/uyville, Blount county, to be styled the
tfibryville College,
Which being lead, mr. Williams offered the following amendment,
in lieu of the amendment offered by mr. Johnson, which is in the fol-
lowing words:
Sec. 7. Be it enacted, That whenever a vacancy shall occur in
the Board of Trustees, whether by death, resignation, removal, or
otherwise, the County Court of Blount county shall have power to
fill such vacancy : Provided, that if said County Court thill fail or
refuse for three successive terms after information -of said vacancy
shall have been communicated by the President of said Institution to
said Court, then the surviving Trustees shall have power to fill such
vacancy.
Which being read, and tbe question, Shall said amendment be.
adopted in lieu of the amendment offered by mr. Johnson? being
had, was determined in tiro affirmative.
The question tlmil recurred upon the adoption of the amendment
offered by mr. \v illiams, which being had was determined in the aliir-
mative.
So said amendment was adopted.
Said bill as amended was read a first time, and the question » Shall
THE SENATE.
405
said bill pass ?" was had and determined in the affirmative—ayes 17
—nays G.
The ayes and noes being demanded,
The affirmative voters were :
Messrs, Ashe, Bradbury, Foster, Frey, Jennings, Laughlin, Ledbet-
ter, Motley, Nelson, Peyton, Powell, Rencan, Ross, Sevier, Water,-
house, Williams and mr. Speaker Turney—17.
The negative voters were :
Messrs. Gardner, Johnson, Maclin, iiatthews? Miller, and Warner^-6.
Sasaid bill was p issei on its Hr sL reading.
The Senite, on motion of mr. Miller, took up and considered a bill
from the Heme of Representatives, to authorize and require the En-
try Taker of the Ocoee district to refund money in certain cases.
Which bill was read a first time and passed.
On motion of mr. Miller, said bill was referred to the committee on
claims.
The Senate, on motion of mr. Reneau, took up an 1 considered a bill
from the House of Representatives, for the relief of the commission-
ers appoiute 1 to superintend the improvement of the navigation of the
Frenchbroid river at the Hanging Rock and Seven Islands.
Which being read, mr. Laughlin moved to refer said bill to the
committee on Claims.
And the question on said reference being had, was determined in the
negative.
So slid motion to refer was rejected.
Mr. Foster moved to amend said bill by adding thereto the follow-
ing.
Provided said commissioners shall, before they are entitled to any
benefit under this act, show clearly to tin judge of the circitit court of
Seyier County, that they have legaLly appropriated the money accord-
ing to the act of 1836, chapter 129, and that said commissioners have
not yet received any compensation."
Which being read and considered, said amendment wa>s adopted,
And said bill as amended was read a third and last time., and the
question upon the passage of said bill was had and determined in the
affirmative—ayes 21—nays 1.
The ayes and noes being demanded,
The affirmative voters were :
il/essrs. Ashe, Bradbury, Foster, Frey, Gardner, Hardwicke, Jen-
nings, Johnson, Ledbetter, Laughlin, Mtclin, Martin, Miller, Nelson,
Peyton, Powell, Reneau, Ross, Sevier, Warner, Waterhouse, Williams
imd mr. Speaker Turney—21.
Senator Matthews voting in the negative.
Mr. Peyton introduced a bill to suppress usury.
Which wts read a first time and passed.
Mr. Pow< 11 introduced a bill for the relief of the commissioners for
the improvement of the navigation of the Rivers east of Knoxville,, in
this State.
Which wu's read a first time and passed.
Mr, Jennings, returned a bill to encourage Literature and Scientific
400
JOURNAL OF
associations, by him withdrawn for amendment, with the following
amendment in lieu of the whole bill, which is in the following words,
to-wit:—-
A bill .to incorporate the Alumni Society of the Universiy of Nash-
ville.
Sec. 1*. Be it enacted by the General Assembly of the State of
Tennessee, That Edwin H, Ewing, Andrew Ewing, A. V. S. Linds-
ley, John Trimble, John M. Lea, Robert C. Foster, 3d, Richard W. If.
Bostick, and others, the members of the Alumni Society of the Uni-
versity of Nashville, be, and they are hereby created a body corpo-
rate, and shall be known as such by their name of association, and
shall have the following powers:
1. The power incident to corporate succession.
2. The power to sue and defend in any court of law or equity.
3. The power to make and use a common seal, and alter the same
at pleasure.
4. The power to hold, purchase and convey such personal property
as may be necessary to accomplish the purposes of the association,
and real estate not exceeding in value the sum of five thousand dol-
lars.
5. The power to appoint such subordinate officers and agents as
the. business of the association shall require, and to allow them a suit-
able compensation.
0. Tire power to make laws not inconsistent with any existing law
for the management and disposition of the property of the corpora-
lion and the regulation of its affairs.
Sec. 2. Be it enacted, That the powers hereby granted may be re-
voked, and tint this act may be altered, suspended or repealed by the
present, or by any subsequent General Assembly.
Which being read and the sense of the Senate thereon had, said
amendment was adopted.
And said bill as amended was read a third and last time and pass-
ed, was ordered to be engrossed and transmitted to the House of Rep-
resentatives.
A message from the House of Representatives by mr. Mitchell, their
clerk:
Mr. Speaker : The House of Representatives have read a third
and last time and passed a bill to amend the laws in relation to ap-
peals and writs of error.
Also, a bill to authorize David Smith to'open a turnpike road.
Which bills I am directed to transmit to the Senate and ask a con-
currence therein.
The House of Representatives has taken up and read the petition
of David Burnett and others, citizens of the county of il/arion, pray-
ing legislative aid relative to the deficiency in the quantity of a tract
of land entered in the first fractional township, thirteenth section, of
range seven, west of the basis line in the Ocoee District—which I am
directed to transmit to the Senate.
The Speaker of the House of Representatives did this day sign an
enrolled bill entitled an act to change the time of holding the Circuit
THE SENATE.
407
Courts in the 7th Judicial District in this State, and Chancery Courts
at Clarksville and Charlotte.
The House of Representatives have taken up and considered the
Senate's amendments to the bill from tlie House to suppress illegal
voting—in which amendments the House of Representatives concur.
And then he withdrew.
Whereupon the honorable Speaker of the Senate signed said en-
rolled act, and ordered that the same be transmitted to the House of
Representatives for the further action of the House thereon to be
had.
The Senate, on motion of mr. Ashe, took up and considered a bill
to incorporate the Trenton, Brownsville and Somerville Turnpike
Company.
Which being read, mr. Warner moved to amend said bill by strik-
ing out the 15th section of said bill,*and insert in lieu thereof the fol-
lowing:
Sec. 15. Be it enacted, That the Governor of this State shall not
be authorized to subscribe for any stock in behalf of the State in said
road.
Which being read, and without further action thereon, mr. Warner
gave way to a motion by mr. Foster, who asked leave of absence for
the day of Senators composing the committee on the Lunatic Asylum,
to visit said institution, to inspect the same and report thereon to the
present session of the General Assembly.
The Senate then adjourned until to-morrow morning 9 o'clock,
FRIDAY, DEC. 31, 1841.
Mr. Johnson presented a petition from sundry citizens of Greene
•county, praying that a, law may be passed discharging the securities of
M. G. Fellows, late sheriff of the county of Greene, from all liafrili-,
■ties upon a judgment obtained against said sheriff and his securities
for State Tax to the amount of about one thousand dollars.
Which being read, was, on motion of mr. Johnson, referred to the
committee on Claims.
Mr. Johnson presented the petition of sundry citizens of the county
of Greene, praying that a law may be passed discharging, the securi-
ties of M. G. Fellows, late sheriff of the county of Greeiie, from the
payment of the amount of a judgment against said sheriff and,his
securities for State Taxes collected by said sheriff.
Which being read, was, on motion of mr. Johnson, referred to the
committee on Claims.
Mr. Williams presented the petition of sundry citizens of Claiborne
county, praying that a new county may be created by law, to be taken
from the counties of Claiborne and Hawkins.
Which being read, was, on motion of mr. Williams, referred to the
committee on New Counties and County Lines.
Mr. Warner, chairman of the committee on Claims, to whom had
been referred a resolution adopted by the House of Representatives
and transmitted to the Senate, directory to the Superintendent of I?ub<-
40S
JOURNAL OF
lie Instruction, relating to the payment of interest by the county of
Hardeman, which money is directed by the act of 28th January, 1840,
to be refunded to said county of Ilardeman, reports that said commit-
tee have hud the same under consideration and are of opinion that
said money should be refunded to the county of Hardeman, and have
instructed him to icpprt said resolution, and to recommend a concur-
rence therein.
And said report bcii g read, the Senate concur therein..
Ordered that the cleik acquaint the House of Representatives there-
with.
Mr. Foster, cl riii cm of the cammittee on the Judiciary, to whom
had b en refeir d ; bill more eii jtiu lly to provide for the Pour, re-
ports that ihe committee have had the same under consideration; that
said cojin iiltt o ha I irnlrucml him to report said bill, and to recom-
mend that. aid ill b * 1 H on the' table,
0 i motion of tar. Poster, said bill was laid on the table.
Th k Ml' te, on mod in of mr. Reneau, took up and considered a
bill from the House ( f Representatives to incorporate a Literary In-
stitulion in the town of Muryville in Blount county, to be styled the
Maryi ille College.
U hiJi bill was rend a second time and passed.
A message from tiie House of Representatives, by mr. Mitchell, their
clerk:
JMu. Sjl'eaeeh: Tha House of Representatives have read and
adopted a resolution relating ti a set of the standard of Weights and
Measures, dinrU d by a n solution of the Congress of the United States
re piiriug the Seer, lary of the Treasury of the United States to fur*
nish and d.'Hvi r tJ l., sa, te to the Governors of the several States of the
Unih il Slah ., w I (In clii p the Secretary of State for the State of
Tenuc. vo to opt i a corresj ondence with the Secretary of the Trea-
sury of the United Sht s touching the delivery to the Governor of the
Stale of i\ unt ssec at the oiliee of the Secretary of State said stand-
ard of W. iglits and PA cures.
A id lIj mj he wilbdr .jw.
PA Laughlin moved that the Senate take up the consideration of a
preamble and oorffiiu r solutions by hiffi submitted on the 21st inst,,
choosing Ilopliis L, Turney and Thomas Brown Senators to the
Congress of "the United States from the State of Tennessee, and the
question thereon being had, was determined in the negative—ayes 12,
nays 10.
The ayes and noes being demanded,
The affirmative voters were:
Messrs Gardner, Hardwickp, Johnson, Laughlin, Maclin, Martin,
Matthews, Powell, Ross, Warner, Waterhouse andrnr. Speaker Tur-
ney—12.
The negative voters were :
Messrs. Ashe, Bradbury, Foster, Frey, Jennings, Ledbetter, Miller,
Motley, Nelson, Peyton, Reneau, Sevier, and Williaffis—13.
So said motion to take up said preamble and resolutions was re-
jected.
THE SENATE.
409
The Senate, on motion of mr. Bradbury, took up and considered a
resolution passed by the House of Representatives, to amend the 4th
section of the 10th article of the Constitution of the State of Tennes-
see, so as to permit the Legislature of Tennessee to divide the county
of Perry. • . '
-Which being read, and the question, Shall said resolution be pass-
ed? was had and determined in the affirmative—ayes 16—nays 7.
The'ayes and noes being demanded,
The affirmative voters were : ' '
Messrs, Ashe, Bradbury, Frey, Jennings, Johnson, Mac]in, Martin,
miller, Nelson, Peyton, Powell, Reneau, Sevici'j Waterhouse, Williams
and mr. Speaker Turney—16.
The negative voters were: * '
Messrs. Gardner, Hardwieke, Laughlin, Matthews, motley, Ross and
Warner—7.
So said resolution was passed upon its first reading.
The Senate, on motion of mr. Laughlin, took up and considered
certain resolutions by him submitted on the 22d instant, directory to
the Htwassee Rail Road Company.
Which being read, mr.'Laughlin moved to amend said resolutions
by adding thereto the following:
14. State what amount has been expended in the payment of costs.,
Attorneys' fees, and other incidental expenses, and to whom.
Which being read and considered by the Senate, said amendment
was adopted.
Said resolutions as read, being amended, were adopted.
Ordered, that the clerk acquaint the House of Representatives there-,
with and ask a concurrence therein.'
Mr.,Turney introduced a bill to settle the claims of the improvers
of the rivers in Fentress county. ' '
Which bill was read a first time- and passed. ' - - -
Mr. Gardner introduced a bill for the. relief of sheriffs in certain
cases. , , • .
Which bill was read a' first time and passed. i
Mr. Frey in the chair, mr. Laughlin moved,to take-up the consul-
eration of the preamble and resolutions by him submitted on the 20th
instant, and choosing Hopkins L. Turney quel Thomas Brown Senators
to the Congress of the United States from the State of Tennessee.
And the question upon taking up said preamble and resolutions being-
had, was determined in the affirmative—dyes 13, noes 12.
The ayes and noes being demanded, .
The affirmative voters were :
Messrs. Gardner, Ilardwicke, Johnson, Laughlin, Maclin, Martin,
Matthews, Miller, Powell, Ross, YV.truer, Waterliouse and mr. Speaker
Turney—13. . * ■ ■''
The negative voters were:
Messrs. Ashe, Bradbury, Foster, Frey, Jennings, Ledhetter, Motley,
Nelson, Peyton, Reneau, Sevier and Williams—12.
So said motion to take up the consideration of said preamble and,
resolutions prevailed. '
410
JOURNAL OF
Said preamble and resolutions being read, mr. Ashe submitted the
following resolution, in lieu of the preamble and resolutions submitted
by rhr. Laughlin, which is in the following words:
Resolved, That the Senate meet the House of Representatives in
their Hall on the third day of January next, for the purpose of electing
'*two Senators to the Congress of the United States, one to fill the un-
-expired term of Felix Grundy, deceased, the other to serve for six
years from the 4th of March last.
Which being read, and the question upon the adoption of said
amendment in lieu of said preamble and resolutions being had, was
determined in the negative—ayes 12, noes 13.
The ayes and noes being demanded,
The affirmative voters were:
Messrs. Ashe, Bradbury, Foster, Frey, Jennings, Ledbetter, Motley,
Nelson, Peyton, Reneau, Sevier and Williams—12.
The negative voters were:
Messrs. Gardner, Hardwicke, Johnson, Laughlin, Maclin, martin,
Matthews, Miller, Powell, Ross, Warner, Waterhouse and mr. Speaker
Turney—13.
So said amendment was rejected.
Mr. Reneau moved to amend the preamble and resolutions by strik-
ing out the preamble. And the question upon said amendment being
had, was determined in the negative—ayes 12, noes 13.
The ayes aud noes being demanded,
The affirmative voters were:
Messrs. Ashe, Bradbury, Foster, Frey, Jennings, Ledbetter, motley,
Nelson, Peyton, Reneau, Sevier and Williams—12.,
The negative voters were :
Messrs. Gardner, Hardwicke, Johnson, Laughlin, Maclin, Martin,
Matthews, Miller, Powell, Ross, Warner, Waterhouse and mr. Speaker
Turney—13.
So said amendment, by striking out said preamble, was rejected.
Mr. Laughlin moved to amend the first resolution by striking out
the word "shall," and to insert in lieu thereof the word "should;"
whicn being considered by the Senate, said amendment was adopted.
The question then recurred upon the adoption of the first resolution,
as amended.
J\h. Foster offered the following amendment in lieu of the first reso-
lution, ill the following words, to-wit:
Resolved, That it is expedient and proper for this General Assembly
to elect two Senators for the State of Tennessee to the Congress of the
United States, and that these Senators should be elected by a joint vote
of the Legislature in convention, and to the election of such Senator,
a majority of the votes of both Houses in convention shall be required;
which being read, mr. Ross moved to lay said amendment on the table.
And the question upon laying said amendment on the table was had
and determined in the affirmative—ayes 13, noes 12.
The ayes and noes being demanded,
The affirmative vo
THE SENATE.
411
Messrs. Gardner, HarJwicke, Johnson, Laughlin, Maclin, Martin,
Matthews, Millar, Powell, Ross? Warner, YVaterhouse and nm Speaker
Turney—13.
The negatire voters were:
A/essrs. Ape, Bradbury, Foster, Frey, Jennings, Ledbetter, Motley,
Nelson, Peyton, Reneau, Sevier and VY illiams—12.
So said potion to lay said amendment on the table prevailed. #
Air. Wiljlams submitted the following amendment; which he offered
in lieu of t/ie first resolution, which is in the following words:
That a conformity to the will of a majority of the people, a$ expressed
in the election of Senators and Representatives to the General Assem-
bly, shouljl be regarded as a prominent duty in the electron of Senators
to the Cobgress of the United States; which being read,
Mr. Jolinson moved to lay said amendment on the table, and the
question^ was thereupon had, and determined in the affirmative—ayes
13, noes 12.
The ayes and noes being demanded,
The affirmative voters were :
Messrs. Gardner, Hardwickc, Johnson, Laughlin, Maclin, martiri,
Matthews, Miller, Powell, Ross, Warner, Waterhouse and mr. Speaker
Turney—a 3.
The negative voters were:
Messrs. Ashe, Bradbury, Foster, Frey, Jennings, Ledbetter, Motley,
Nelson, Peyton, Rdneau, Sevier and Williams—12.
So said motion to lay said amendment on the table prevailed.
The question then recurred upon the adoption of the first resolution,
which was had and determined, in the affirmative—ayes 13, noes 12.
The ayes and noes being demanded,
The affirmative voters were:
Messrs. Gardner, P^ardwicke, Johnson, Laughlin, Myelin, Martin,
Matthews, Miller, Powell, Ross, Warner, Waterhouse andmr. Speaker
Turney—13.
The negative voters yere;
Jiessrs. Ashe, Bradbury, Foster, Frey, Jennings, Ledbetter, A/otley,
Nelson, Peyton, Reneau, Sevier and Williams—12.
So said first resolution was adopted.
A/r. Laughlin moved the adoption of the second resolution;
and the question thereon being had, was determined in the affirmative
—ayes 13, noes 12.
The ayes and noes being demanded,
The affirmative voters were:
Messrs. Gardner, Hardwicke, Johnson, Laughlin, Maclin, Martin, .
Matthews, Miller, Powell, Ross, Warner, Waterhouse and mr. Speaker
Turney—13.
The negative voters were :
Messrs. Ashe, Bradbury, Foster, Frby, Jennings, Ledbetter, kotley,
Nelson, Peyton, Reneau, Sevier and Williams—12.
So said second resolution was adopted.
Mr. Laughlin moved the adoption of the third resolution; and the
4L2
JOURNAL QF
question upon the adoption of said resolution being had, was deter-
mined in the affirmative—ayes 13, noes 12.
The ayes and nays being demanded,
The affirmative voters were:
Messrs, Gardner, Hardwicke, Johnson, Lauglilin, Maclin, Martin,
Matthews, filler, Powell, Ross, Warner, Waterhouse anc mr. Speaker
Turney—13.
The negative voters were:
Messrs. Ashe, Bradbury, Foster, Frey, Jennings, Ledbetter, Motley,
Nelson, Peyton, Reneau, Sevier and Williams—12.
So said third resolution was adopted.
Mt Laughlin moved the adoption of the Preamble to said resolu-
tions, when mr. Reneau moved a division of the question, so as to take
the vote on each distinct proposition in said Preamble separably—
And the question upon said motion to consider each distinct propo-
sition in said Preamble separately being had, was determined in the
negative.
The question then recurred upon the a'doption of the Preamble to
said resolutions, which being had was determined in the affirmative
—ayes 13—nays 12.
The ayes and nays being demanded,
The affirmative voters were :
Messrs. Gardner, Hardwicke, Johnson, Laughlin, Maclin, Martin,
Matthews, Miller, Powell, Ross, Warner, Waterhouse andinr. Speaker
Turney—13.
The negative voters were:
Messrs."Ashe, Bradbury, Foster, Frey, Jennings, Ledbetter, Motley,
Nelson, Peyton, Reneau, Sevier and Williams—12.
So said preamble to said resolutions was adopted.
Mr. Warner moved to take up the amendment offered by mr. Wil-
liams in lieu of the first resolution, and amend the preamble, by ad-
ding said amendment so offered, as aforesaid, thereto.
The chair decided said motion as being out of order.
Whereupon it is ordered that the clerk transmit said preamble and
resolutions to the House of Representatives, announce their adoption
and ask the concurrence of the House therein.
On motion of mr. Bradbury,
The Senate adjourned until 2 o'clock, p. m.
evening session.
JUr- Frey, chairman of the committee on enrollments, reported as
correctly enrolled, a bill entitled an act for the relief of the La Grange
and Memphis Railroad company.
• Which was thereupon signed by the Speaker of the Senate and or-
dered to be transmitted to the House of Representatives for the signa-
ture of the Speaker of the House to said act.
The Senate, on motion of mr. Waterhouse, took up and considered
a bill from the House of Representatives for the benefit of Joseph
Burnett of Marion county.
THE SENATE.
413
Which bill was read a first time and passed, when, on motion of
mr. Waterhouse said bill vas referred to the committee on claims.
Mr. Turney introduced a. resolution to amend the constitution, so as
to permit the supreme counto be held in the Mountain district, in ad-
dition to the places now hell.
Resolved, by the General Assembly of the State of Tennessee?
That the tith article alid 2d section of the constitution be so amended
that the supreme court may be held at one place in the ./Mountain Dis-
trict, in. addition to the places low to be held.
Which resolution being read, was laid on the table.
The Senate, on motion of mr. Waterhouse, took up and considered
a resolutien to amend the fourth section of the tenth article of the con-
stitution of this State, so that the munties of Bledsoe and AJarion shall
come under the general provisions of the constitution in forming new
counties.
Which resolution being read, and the question " Shall said resolu-
tion pass ?" being had was determined in the affirmative—ayes 14—
nays 8.
The ayes and noes being demanded,
The affirmative voters were:
J/essrs. Bradbury, Frey, Hardwicke, Jennings, Johnson, Laughihm
Maclin, Martin, Matthews, Miller, Motley, Peyton, Powell and Water-
house—14.
The negative voters were: ,
J/essrs. Ashe, Foster, Gardner, Nelson, Reneau, Ross, Sevier and
Williams—-8.
So said resolution was passed upon its first reading-
On motion of mr. Warner, mr. Miller was added to the committee
on claims,
On motion of mr. Ashe, the Senate took up and considered a bill to
incorporate the Trenton, Brownsville and Somerville Turnpike com-
pany.
J/r- Reneau offered the following amendment in lieu of the amend-
ment offered by mr. Warner in lieu of the 15th section of said bill as
follows:
Provided that the sum of money that may be subscribed by the
Governor under the provisions of this act shall be considered as so
much of the sum which was allotted to the western division of the
State by an act commonly Called the compromise act, passed at the reg-
ular session of 1837-8."
Which amendment was read, and no further action thereon had.
JIR. Foster, chairman of the committee on the Judiciary, to whom
had been referred a bill for the benefit of endorsers and securities—
Reports, that said committee have had the same under consideration,
and think the provisions therein contained improper and that said
bill should not be passed, that said committee have directed him to
report said bill and to recommend its rejection.
Which report being read, on motion of mr- Ledbetter, said bill was
laid en the table.
414
JOURNAL OF
On motion of mr. Turney the committee (fn. Education and Com-
mon Schools, from the farther consideration pf a bill from the IIous(
of Representatives to amend an act entffifed an act. to re-enact anc
amend an act to establish a system of Common Schools in the State
of Tennessee, passed 28th January, 1840,/is discharged.
On motion of mr. Reneau, j
The Senate adjourned until to-morrowmorning 9 o'clock,
SATURDAY, JA4 1, 1843.
The Senate adjourned until Monday morning next,
MONDAY, JA&- 3, 1842.
A message from the House of Representatives, by mr. Mitchell, their
clerk:
Mr. Speaker: The Speaker </f the House of Representatives did
this day sign the following enrol/ed acts :
An act to authorize the establishing of ferries on the Mississippi
river.
An act to incorporate the inhabitants of the town of Lynchburg in
the county of Lincoln.
An act to suppress illegal Voting.
Which I am directed to transmit to the Senate for the signature of
the Speaker of the Senate.
The House of Representatives have read a third time and passed
a bill to amend the first section of an act of 1839-10, chapter 46, ex-
empting registers from military duty—which I am directed to transmit
to the Senate aud ask their concurrence therein.
Ako, an act for the relief of the La Grange and Memphis Rail
Road Company—which was signed by the Speaker of the House of
Representatives, \Vhich lam directed to transmit to the Senate for the
further action of the Senate to be had thereon.
And then he withdrew.
Whereupon the Speaker of the Senate signed the three first acts in
this menage mentioned, and ordered that the same be re-transmitted
to the House of Representatives for the further order of the House
thereon to be had—and that the latter enrolled act in said message
mentioned, he deposited in the office of the Secretory of State for the
State of Tennessee^
Mr. Williams introduced a bill to regulate the price of public print-
ing.
Which was read a first time and passed.
Mr. Laughliu introduced a bill to alter the time of holding the Cir-
cuit Courts of Cannon county.
Which hill was read a fipst time and passed.
A message from the House of Representatives, ? y mr. Mitchell, their
clerk:
Mr. Speaker: The Speaker of the House cf Representatives did
this day sign the. folio wing enrolled resolutions, to wit:
THE SENATE.
415
A resolution directory to the Superintendent of Public Instruction
in relation to the payment of certain moneys to the 1st School .District
in Marion county.
Also, a resolution directory to the Superintendent of Public ItistruG-
tion in relation to refunding money to Hardeman county.
Which I am directed to transmit to the Senate for the signature of
the Speaker of the Senate.
The House of Representatives have taken up and read a petit on of
Lot Haggard, relating to certain land claims.
Also, the petition of Henry Dixon and others, administrates of
Wynti Dixon, deceased, in relation to certain land claims
Which I am directed to transmit to the Senate.
And then he withdrew.
Whereupon the Speaker of the Senate signed said enrolled reso-
lutions, and ordered that they be transmitted to the House of depre-
sentatives for the further action of the House thereon to be had
Mr. Warner, chairman of the committee on Claims, to who n had
been referred a bill from the House of Representatives to authorize
and require the Entry Taker of the Ocoee District to refund mo ley in
certain cases, reports that said committee have had the same under
consideration, and have directed him to report said bill with an anend-
ment, and with said amendment to recommend the passage cf said
bill, which amendment is in the following words, to-wit:
Provided always, that na part of the money paid by such general
enterer shall be refunded, but for the number of acres whicl shall
have been taken by such occupant enterer, and not for any-land en-
tered by such general enterer, which is not or has not been tal en up
by the better title of such occupant enterer—which amendment so re-
ported I am directed to add to the first section of said bill, and tc strike
out of said bill, after the words "full amount of money," the words
" with interest thereon."
Which report being read,
Mr. Gardner offered the following amendment in lieu of the pmend-
ment reported by the chairman of the committee on Claims to s&id
bill, in the following words:
Provided, That in no case shall any person receive any benefit un-
der this act before he shall have filed his petition in the Circuit Court
of the county, setting forth the facts, and shall have proved to the sat-
isfaction of the Court, by the evidence of disinterested and credible
witnesses, that the principal inducement to his entry has failed, by
gome portion thereof having been taken by the better title of some
occupant settler : And provided aho, that such general enterer shall
satisfy tile Court that he acted in good faith and in ignorance of the
act of the General Assembly, granting a preference of entry to the
settler ; and upon such petition beiug filed and such proof being made,
the Court shall decree whether in his opinion any portion, and if any,
how much of the money paid by tire general enterer ought to be re-
funded to him by the State, and upon the production of a regularly
certified copy of such decree to the Entry Taker of the Ocoee Dis-
traict, it shall be his duty to refund the money or draw his warrant
4 J.6
JOURNAL OF
upon the Treasurer for the amount so ordered to be refunded by the
Court.
Which being read, and the question upon the adoption of said
amendment, in lieu of the amendment reported by the chairman of
the committee to said bill, being had, was determined in the negative
—ayes 9, noes 13.
Tie ayes and noes being demanded,
The affirmative voters were :
Messrs. Ashe, Gardner, Jennings, Johnson, Miller, Nelson, Powell,
Waterhouse, and mr. Speaker Turney—9.
The negative voters'were:
Messrs. Bradbury, Foster, Frey, Hardwicke, Laughlin, Ledbetter,
Machn, Matthews, Reneau, Ross, Sevier, Warner, and Williams—13.
So said amendment was rejected.
The question then recurred upon the adoption of the amendment
reported by the chairman of the committee to said bill, which was
had, and determined in the affirmative—ayes 14—nays 8.
The ayes and noes being demanded,
The affirmative vGters were:
Messrs. Bradbury, Foster, Frey, Gardner, Hardwicke, Laughlin,
Ledbetter, Maclin, Matthews, Reneau, Ross, Sevier, Warner, and
Williams—14.
The negative voters were :
Messrs. Ashe, Jennings, Johnson, *7l/iller, Nelson, Powell, Water-
house, and mr. Speaker Turney—8.
So said Amendment was adopted.
il/r. Waterhouse offered the following amendment to said bill:
Sec. 4. Be it enacted, That when any person shall have entered
any section, quarter section or fraction of such, and upon an accurate
survey and measurement of the same, it shall be found that the same
does not contain the amount or number of acres which it purports to
contain trpoti the plan or plat of the Ocoee District in the Entry Taker's
office of said district, and for which the entries are made, it shall be
the duty of the Entry Taker to refund the money for the deficiency in
such cases, upon the production of a plat and certificate of the county
surveyor, verified by on oath before some justice of the peace in said
county where the land lies.
Sec. 5. Be it enacted, That where any person shall have entered as
an occupant, or as a general cnterer, or their assignees, any land in
the Ocoee District, and paid for the same, and the same land, or any
part thereof, has been entered by any other person or persons, and
taken from the first enterer upon the ground that the last cnterer had
the true, genuine occupant right, it shall be the duty of the Entry
Taker to refund to the first, enterer the money by liini paid, when the
State cannot make him a title thereto.
Which being read, and the question upon the adoption of said
amendment being had, was determined in the negative—ayes 7, noes
14.
Th? ayes and noes being demanded,,
The affirmative voters were:
THE SENATE.
417
Messrs. Bradbury, Jennings, Joiwwoir, Miller, Powell, Waterhouse.
and tnr. Speaker Turney—7.
The negative vo^i-sw'ere:
Messrs! a^ne, Foster, Frey, Gardner, Hardwicke, Laughlin, Led-
better. Matthews, Nelson, Reneau, Ross, Sevier, Warner and Williams
u**
So said amendment was rejected.
Mr. Laughlin mbved to amend said bill by inserting in the second
section, after the words " their assignees," the words " provided such
general enterer ehtered the same at one dollar per acreand the sense
of the Senate thereon being had, said amendment was rejected. And
said bill, as amended, was read a second time and passed.
Mr. Ross asked and obtained leave of absence for the Senator from
Maury until Thursday next, who visits his mother, who is ill of a dan-
gerous disease, his presence being pressingly requested on this occa-
sion.
Air. Gardner submitted the following i <■
Resolved, That the joint select committee to which is referred the
duty of reporting the number of copies of the journals of each branch
of the present General Assembly proper to be printed, be and they are
hereby instructed also to report the number of the copies of the gets
which ought to be printed, and to inquire and report upon the pro-
priety and policy of having one hundred copies of the journals, to
wit, twenty-five copies of the Senate's journal and seventy-five copies
of the House journal, bound for the use of the members, at this and
each succeeding session of the Legislature, and that said committee
embrace those subjects in their report to their respective houses.
Which being read, was laid qn the table.
Air. Ledbetter, from the committee of Ways and il/eans, to whom
had been referred that portion of the Governor's -message relating to
the distribution of the sales of the public lands coming to the State of
Tennessee, reported a bill to dispose of that portion of the public mo-
neys arising from the sale of the public lands to which Tennessee may
be entitled under the act of Congress of the extra session of Congress,
commonly called the distribution act, reported that said committee
have had the same under consideration and directed him in part to re-
port the bill as of said committee, and a part of said bill he reports of
himself with the permission of said committee, and to recommend its
passage.
Which bill, as reported by said committee, was read a first time and
passed.
Jl/r. Powell introuduced a bill to appropriate to Johnson county the
State Tax due, or that may be due therefrom for the years 1S42, 1S43.
Which bill, was read a first time and passed.
Mr. Hardwicke submitted the following .*
Resolved, That a select committee of seven be appointed—two from
the Eastern Division, two from the Western, and three from the il/id-
die Division of the State—to take into Consideration so much of the
Governor's message as relates to the Bank of Tenner e, and also the
20
418
JOURNAL OF
report of the President of -«aid Bank made to the present General As-
sembly,and that they report hy bill otherwise.
Which being read, was laid 011 the table.
On motion of mr. Foster,
The Senate adjourned until 2 o'clock, p. m.
evening session
Mr. Ledbetter returned a bill for the benefit of endorsers and secu-
rities, by him withdrawn for amendment, with the following amend-
ment in lieu of the whole bill, as follows:
Sec. 1. Be it enacted by the General Assembly of the State of
Tennessee, That in all cases where judgment may be rendered against
any person or persons, or the heirs or representatives of any person or
persons who was endorser on any note, bill, bond, 01* obligation, it
^hall and may be lawful for such endorser or endorsers, his, her or
their representatives, to obtain judgment by motion against his, her or
their principal obligor or obligors, or their representatives, for the full
amount of such judgment and costs, before any jurisdiction having
cognizance thereof, and execution shall issue accordingly : Provided,
that an endorser in no case shall obtain a judgment by motion against
the maker when such endorser confesses judgment, or suffers judg-
ment to be entered against him by default, unless it shall appear that the
maker liad been duly notified to appear and defend the suit against
said endorser or give counter security.
Sec. 2. Be it enacted, That where any judgment shall have been
or may hereafter be rendered against any endorser of any note jointly
with the maker or previous endorser or endorsers upon such note, it
shall be lawful for such endorser to move the Court, at the same or
any subsequent term thereof, for judgment against such maker or
previous endorser or endorsers, or both, against whom such judgment
had been rendered, and it shall be the duty of the Court to render
judgment for the amount of said judgment and costs without further
notice.
Which amendment being read, mr. Turney moved to amend the
first section of said bill by striking out, after the words " his, her or
their," the word "principal," and to insert in lieu thereof the word
" maker."
Which amendment being read and considered by the Senate, was
adopted.
Mr. Ross moved to amend said bill by adding thereto, at the end of
'the second section, the following: " Provided it shall he ascertained
• by the verdict of a jury that he has paid such judgment.
Which amendment being read aild considered by the Senate, said
amendment was adopted.
Mr. Foster moved to amend the second section of said bill by strik-
ing out, after the words "that where any judgment," the words
"shall have been or."
Wh ch being redd and considered by the Senate, said amendment
was adopted.
THE SENATE.
415
And said bill as amended was read / second time, and the question
recurring upon the passage of said, bilj was determined, in the affir-
mativn-—ayes 13, nays 10. I
The ayes and nays being demanded.
The jnfirmative voters were: /
T\ffi-ssrs. Ashe, Bradbury, Frey, Jlardwicke, Xaughlin, Ledbetter,
jp-dey, Peyton, Reneau, Ross, Sefier, Williams, and mr. Speaker
jrurney—13.
The negative voters were:
Messrs. Foster, Jennings, Johnsbn, Maclijti, Matthews, Miller, Neb
son, Powell, Warner, and Waterhouse—10.
So said bill was passed upon its second reading.
Mr. Turney returned a bid irom the House of Representatives to
append an act entitled act to re-enact and amend an act to establish a
system of common schools in the State of Tennessee, passed January
2d, 1S41, by him withdrawn for amendment.
Which bit! mr. Turney returned without amendment.
Mr. Bradbury moved to amend said bill by adding thereto the fol-
lowing, to wit:
Sec. 10. Be it enacted,.That all school moneys belonging to the
State of Tennessee, that is now or hereafter may come into the hauds
of any trustee for said State, shall remain in said trustee's hands until
the school or schools are taught according to law, and then the bom-
moil school commissioners for each district shall draw on said trustee
in favor of the teacher, or such person to whom the same may he
due, for the amount due or may be owing to each civil district, and
the order or orders from said commissioners shall be a good voucher
for said County trustee in his settlement with the County commission-
ers: and the money shall remain, as well as any balance of the same,
in the hands of the trustee till so drawn for.
Which amendment being read, mr. Foster moved to amend said
amendment by inserting therein, after the words "hands of any coun-
ty Trustee," the following: "upon the distribution of the interest of
the common school fund by la\V."
Which amendment to said amendment being read and considered by
the Senate, w.is adopted.
And said amendment as amended being read and considered by the
Senate, was adopted.
Mr. Turney moved to amend said bill by adding thereto the fol-
lowing:
Sec. 11. Be it enacted, That all laws requiring a rate bill or other
contribution to be made, other than by this act, be repealed, and here-
after it may be lawful for the free voters of any common school dis-
trict, or a majority of them, to meet at the school house in their dis-
trict, on the first Monday in July of every year and organize them-
selves into a corporate body, choose a chairman, and a majority being
present, shall have power to make by-laws regulating their school,
lay taxes, appoint a collectof to collect the same, who'shall bean-
thorized by a vole of the said corporation, and make all necessary or-
ders and regulations for the common good of the school of such di#-
JOURNAL OF
trict, not inconsistent with the Constitution and laws of the; State, and
keep a regular record of theirproceedings.
Sec. 12. Be it enacted, Thct the meetings, as fixed by this act, oil
the first Mondays in July, maybe altered by the said corporation, so
that they may, after they are organized, meet upon their own adjourn-
ment: Provided, That nothing n this act shall make it obligatory
on the citizens of any district to organize according to this act, but
the same is left to their free will and choice.
Which amendment being read and the sense of the Senate being
thereon had, said amendment, was adopted.
Mr. \Yaterhouse moved to amend said bill by adding to the amend-
ment offered by mr. Turrvey and aa^pted, the following:
Sec. 13. Be it enacted, That whet* the population of any school
district is scattered and too remote from place where the distinct
school is established, and such portion of the population by themselves
or in connexion with citizens of any other district or districts, desire
to have a separate school house, and furnish a list of twenty scholars
or more to the commissioners, the persons who shall so apply, having
the said twenty scholars within the age prescribed by law, shall be
entitled to their rateable share of said fund, to be expended for the
benefit of said separate school under the direction of the said com-
missioners.
Sec. 14. Be it enacted., That the special act in relation to common
schools in the Hiwassee and Ocoee Districts shall not be affected by
this act, but that this act shall be amendatory to said act, regulating
common schools in the aforesaid Hiwassee and Ocoee Districts—pass-
ed on the 13th day of December, 1841.
Said bill as amended was read a second time and passed.
Mr, Powell introduced the following preamble and resolution:
Whereas, by the 25th section of an act of the General Assembly,
passed the 19th day of January 1838, chapter 107, entitled an act to es-
tablish a State Bank to raise a fund for Internal Improvement, and to aid
in the establishment of a system of education, it is declared that the stock
to be taken by the. State, in the several improvements, shall not exceed
four millions of dollars, (to wit1): one million four hundred thousand dob
lars in East Tennessee, one million six hundred thousand dollars in Mid-
die Tennessee, and one million of dollars in the Western District-, with a
proviso—That one hundred thousand dollars of the sum so appropriated
to each of the grand divisions of the State, shall be used in the improve-
ment of the navigation of their respective rivers. And
Whereas, of the aforesaid sum of one millionsix hundred thousand dob
lars allotted to JUiddleTennessee,the State has subscribed the sum of $1,-
377,666 66 for stock in Internal improvement companies organized in said
division, and State bonds to the amount of $880,166 66 have already been
issued to said companies, leaving a balance of $122,833 34 of said
$1,500,00 not subscribed for stock in Internal improvement companies;
mid $619,883 34 thereof for which the bonds of the State have not beea
issued of the, above sum of $1,577,166 66 subscribed by Middle Ten-
nessee to Internal improvement companies, it is estimated by the Secre-
lary of State irj a report niE;de by him to the present session of the Gen-
THE SENATE'.
421
eral Assembly, that the sum of $1,184,666 66 will be expended. And
Whereas, of the aforesaid sum of $900,000 appropriated by the aet of
1837-8, to the Western District, the sum of $332,000 has been subserib-
ed by the State to Internal improvement companies and $199,250 of the
bonds of the State have already been issued to said companies, leaving a
balance of $568,000 of said $900,000 not subscribed by the Sta'e to
works of Internal improvement, and. the sum of [$700,750 thereof for
which the bonds of the State have not been issued. And
Whereas, the sum of $1,300,000 allotted to East Tennessee, by the pro-
visions of the aforesaid act, the State has subscribed for stock in Inter-
nal improvement companies in said division, and issued bonds therefor to
the amount of $389,000, leaving a balance of $911,000 of the original
appropriations for which no bonds have been issued to Internal improve-
ment companies, to which may be added a large portion of $32,000 of
Slate bonds heretofore issued to the Louisville, Charleston and Cincin-
nati Railroad Company, which will be returned, making the unexpended
balance of said fund in favor of East Tennessee, near one million of dol-
lars. And
Whereas, the provisions of the 25th section of the aforesaid act of
1838, is the basis of the compromise then made by the General Assembly,
of the conflicting claims of the grand divisions of the State ; the principles
of which compromise were adjusted and agreed on at the inception of
the present system of Internal improvements, in this State, by a clue re-
gard to the real situation and respective wants of each of said divisions,
and were intended to be observed, in good faith, by each succeeding Leg-
islature, until said system should be consummated to the extent of the
fund thus appropriated. And
Whereas, from the foregoing facts it appears that great inequality at
present exists, in the benefits derived by the respective divisions of the.
State under said act. Therefore,
1st. Besolrcd, By the General Assembly of the State of Tennes-
see, That it isthi sense of the present members thereof, that said com-
promise shall be observed in good faith—that fairness and jtislice require
that the same shall be executed by this or some future General Assembly,
to the extent of the benefits already received by Middle Tennessee, un-
derthe provisions of said act, and that a high, legal and moral obligation
now rests upon the members of this General Assembly, to recognize the
principles contained in said compromise act, and the honor of the State,
our successors, will be involved in their execution.
Which being read "Was laid oil the table.
The Senate, on motion of mr. Turney, took up and considered a
resolution proposing that the 6th article of 2d section of the constitiu
tion of the State of Tennessee, be so amended as to permit the Su-
preme Court to be held ia the Mountain District.
Which being read a first time, and the question " Shall said resolu-
lion pass?" being had, Was determined in the afiirmative—ayes 12—
nays 10.
1 he ayes and noes being demanded,
The affirmative voters were: •
422
JOURNAL OF
Messrs. Gardner, Hardwicke, Jennings, Johnson, Laughlin, Mac-
tin, Matthews, Miller, Powell, Reneau, Waterhouse and inr. Speaker
Turney—12.
The negative voters were:
Messrs. Ashe, Bradbury, Foster, Frey, Motley, Nelson, Peyton,
Ross, Sevier and Williams—10.
So said resolution was passed upon its first reading.
The Senate, on motion of mr. Gardner, took up and considered a
bill for the relief.of Sheriffs in certain cases.
Which bill Was read a second time and passed, when mr. Sevier ask-
ed and obtained leave to withdraw said bill for amendment.
The Senate, on motion of mr. Gardner, took .up and considered a
bill for the relief of such persons, as obtained a license to retail liquor
after the passage of the-tippling act of 1838, and before its promulga-
tion.
On motion of mr. Gardner said bill was referred to the committee
on Claims.
The Senate took up and considered a bill from the House of Rep-
resentatives to amend the first section of the act of 1S39-40, chapter
46, exmpting registers from military duty.
Which bill was read a first time and passed.
The Senate took up and considered a bill from the House of Repre-
sentatives to extend the time for the return of executions issued by
justices of the peace, and for other purposes.
Which bill was read a first time and passed.
The Senate took up and amended a bill from the House of Repre-
sentatives to amend the laws in relation to appeals in courts of error.
Which bill was read a first time and passed.
The Senate took up and considered a bill from the House of Repre-
sentatives, to authorise David Smith to open a Turnpike road; which
bill was read a first time and passed.
The Senate took up and considered a bill from the House of Rep-
resentatives to amend an act entitled an act to prevent frauds in enter-
ing and selling lands previously appropriated—passed 2bth January,
1840, chapter 12S.
Which bill was read a first time and passed.
The Senate, on motion of mr. Peyton, took up and considered a
bill for the securities of pilblic ferries.
Which being read, mr. Peyton moved to amend said bill by filling
the blank therein occurring, after the words " with safe bannisters at
least," by inserting therein the word "three," and the sense of the
Senate thereon being had, said amendment was adopted.
And said bill as amended was read a second time and passed.
The Senate took up and considered a bill from the House of Repre-
sentatives to revive an act entiled an act for the benefit of certain re-
servees, chapter 24, passed at Murfreesboro1, August 27th, 1822, and
to revive an act entitled an act to revive an act entitled an act for
the benefit of certain reservees, passed at Murfreesboro1, in 1S23, chap-
ter 175, and to revive an act passed at Murfreesboro', 1825, chapter
12, entitled an act to revive an act entitled an act for the benefit of
certain reservees, passed at Murfreesborough, 22d Aug. 1822.
THE SENATE.
433
Which bill was read—when, on motion of mr. Miller, said bill was
laid on the table.
The Senate took up and considered a resolution from the House of
Representatives to amend the fourth section of the tenth article of the
constitution of this State, so that the counties of Bledsoe and A/arioa
shall come under the general provisions of the constitution in forming
new counties.
Which resolution was read a second time-—and the question, Shall
said resolution pass ? was had and determined in the atlirmative—
ayes 12—nays 10.
The ayes and nays being demanded,
The affirmative voters were :
Messrs. Bradbury, Hardwicke, Jennings, Johnson, Laughlin, Led-
better, Miller, Peyton, Powell, Sevier, Waterhouse and mr. Speaker
Turney—1-2.
The negative voters were :
Messrs. Ashe, Foster, Frey, Maclin, Matthews, Motley, Nelson, Re-
neau, Ross, and Warner—10.
So said resolution was passed on its second reading.
The Senate took up and considered a bill to protect the owners or
keepers of toll gates, bridges and ferries.
On motion of mr. Foster,
Said bill was re-committed to the committee on Public Roads.
Mr. Jennings introduced a bill to insure more efficient management
of the Lunatic Asylum; which bill was read a first time and passed.
On motion of mr. Jennings,
Said bill was referred to the committee on tile Lunatic Asylum.
Mr. Jennings submitted the following:
Whereas, it is stated in the report made to the General Assembly by
the inspectors and agent of the Penitentiary, that a Large amount
of claims is due to that institution, Whereof a part is evidenced by
promissory notes and the balance consists of open accounts—There-
fore,
Be it Resolved, That the agent of the Penitentiary be and he is
hereby required to report to the Senate,
1. What proportion of said promissory notes have not as yet afriv-
ed at maturity, and what proportion are past due, and of those past
due, what amount has remained uncollected for a period over four
months; what amount for a period over eight mouths; and what
amount for a period over twelve months.
2. Of said open accounts—what number and amount are of ten dollars
or under ? what number and amount are over ten and under twenty-five
dollars ? what number and amount are for- sums over twenty-five dollars,
and under fifty dollars? what number and amount arq over fifty and under
one hundred dollars ? and what number and amount are for Sums greater
than one hundred dollars ? With a classification also of said open ac-
counts, similar to that directed in regard to promissory notes, due to the
institution, and having reference to the periods for which they have been
outstanding.
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3. Of said claims of every kind due to the institution, what proportion
is bad, what good, and what doubtful.
Which being read, on motion of mr. Jennings the rule requiring reso-
lutions to lie over one day, was suspended, and said resolution adopted.
Ordered that the clerk transmit to the Inspectors and agent of the
Penitentiary a copy of said resolutions.
Mr. Jennings introduced a bill to prevent the accumulation of bad and
doubtful claims in the dealings of the Penitentiary,
Which bill was read a first time and passed.
The Senate took up and considered a bill to settle the claims of the
improvers of rivers in Fentress county,
Which bill was read a second time and passed.
The Senate took up and considered a bill for the relief of the commis-
sioners for the improvement of the navigation of the rivers East of
Knoxville in this State,
Which bill was read a second time and passed.
The Sepate took up and considered a bill to establish a branch of the
Bank of Tennessee at Chattanooga, in the county of Hamilton,
Which bill was read a second time and passed.
The Senate took up and considered a bill to suppress usury,
When on motion of mr. Ashe, said bill was laid on the table.
On motion of mr. Foster,
The Senate adjourned until to-morrow morning 9 o'clock.
TUESDAY, JAN. 4, 1S42.
On motion of mr. Reneau, the Senate took up and considered a bill
from the House of Representatives to incorporate a Literary Institution
in the town of Maryville, Blount county, to be styled the H/aryville Col-
legev
Which being read, mr. Ledbetter moved to amend the 3rd section of
said bill by striking out the words "and shall be exempt from taxation,"
Which being read, and considered of by the Senate, said amendment
was adopted,
And said bill as amended was read a third and last time, and the ques-
tion upon the passage of said bill being had was determined in the affirm-
ative—ayes 16, noes 6.
The ayes and noes being demanded,
The affirmative voters were :
Messrs. Ashe, Bradbury, Foster, Frey, Gardner, Jennings, Ledbet-
ter, Motley, Nelson, Peyton, Powell, Reneau, Sevier, W.aterbouse, Wil-
liams and mr. Speaker Turnev—16.
The negative voters were :
Messrs. Johnson, aiaclin, Matthews, Miller Ross and Warner—6.
So said bill as amended was passed upon its third and last reading, and
ordered to be transmitted tq the House of Representatives,
Ordered that the clerk acquaint the House of Representatives with
the Senate's amendments to said bill, and ask a concurrence therein.
Mr. Nelson, chairman from the Select committee to whom had been re-
THE SENATE.
425
ferred a resolution of the Senate relating to a suit in Chancery
brought by the State of Tennessee against the Jefferson Turnpike com-
pany—Reports, that said committee have had the same under considera-
tion, that said committee had instructed him to submit the following
REPORT:
The Select committee to whom was referred by the resolution of the
Senate the duty to take into consideration the matters alledged in the bill
and answer, in the suit now pending of the State of Tennessee against
the Jefferson Turnpike company, with a view to a speedy adjustment of
said suit, have had the same under consideration, and have carefully ex-
amined the facts, and allegations contained in the bill, and answers of the
defendants, and have also examined sundry witnessses touching the mat-
ters in issue in the pleadings.
The committee feel satisfied the charge of fraud stated in the bill is
fully and promptly denied in the answers, and that the verity of the an-
ewers is sustained by the testimony submitted to the committee. The
committee are further satisfied, the interest of the State as a stockholder
in said company, and the rights and intcrestof the defendants as joint
stockholders, demand and require a speedy termination of the suit.
Therefore, they recommend that said suit be prepared forbearing, and
•determined at the present Chancery court for the county of Rutherford
in which suit is pending.
JOHN R. NELSON, Chairman.
Which report being read and the sense of the Senate thereon had, the
Senate concur therein.
Jl/r. Nelson chairman from the committee on Internal Improvements
to-whom had been referred the petition of the commissioners of the
Nashville, Murfreesborough and Shelbyville Turnpike company Reports
said petition without any action of the committee thereon, and asked that
said committee from the further consideration of said petition be dis-
charged, and the sense of the Senate being had thereon—said committee
from the further consideration of said petition was discharged.
Whereupon mr. Nelson introduced a bill for the relief of the Nashville,
Murfreesborough and Shelbyville Turnpike company, and to equalise
their condition, with that of other Internal improvement companies in the
State.
Said bill was read a first time and passed.
On motion of mr. Peyton,
The Senate took up and considered a message from the House of
Representatives transmitting the petition of Lot Haggard, praying the
adjudication of a certain land warrant in said petition mentioned.
Which being read, an motion of mr. Peyton, said petition was re-
ferred to the committee on Claims.
•On motion of mr. Peyton,
The Senate took up and considered- a message from the House of'
Representatives transmitting the petition of Henry Dixon and others,,
administrators of Wynn Dixon, deceased, praying that a certain land
warrant in said petition, mentioned, may bq adjudicated.
426
JOURNAL OP
Which being read, on motion of tar. Peyton, said petition was re-
ferred to the committee on Claims.
Mr. Jennings presented the petition of sundry citizens of the county
of Davidson, relating to a turnpike road called the Penitentiary turn-
pike road, protesting against said road terminating at the end of ten
miles, and insisting upon the appropriating of a fund sufficient to ex-
tend said road beyond the Harpeth at the Cow-ford and to the West
side of the Backbone ridge.
Which being read, on motion of mr. Jennings, it is ordered that the
same be transmitted to the House of Representatives.
Mi. Hardwicke presented the petition of certain citizens of Dickson
•county, residing on Turnbull creek, protesting against the passage of
a law creating a turnpike road from Nashville to the Backbone ridge.
Which being read, was, on motion of mr. Hardwicke, ordered to be
transmitted to the House of Representatives.
JUr. Frey, from the joint select committee to whom had been refer-
red for settlement the books and accounts of R. P. Currin, late Su-
jperintendent of Public Instruction, reports that said committee have
had the same under consideration, and that said committee had in-
-Structed him to submit the following report, to-wit:
The joint select committee, appointed to settle with R. P. Currin,
late Superintendent of Public Instruction, have performed that dutyy
and beg leave to submit the following Report:
As the report of the late Superintendent to the present session of
the General Assembly only shows the condition of the school fund
under the control of that department up to the 1st day of October,
1841, and as some delay intervened between the period of the election
of his successor and his induction into office, during which time the
late incumbent continued to discharge the duties of the office, the first
object to which your committee directed their attention was to ascer-
tain the sums received and expended by the Superintendent during
the above mentioned interval. Upon examination your committee
found that the late incumbent, within the period aforesaid, received:
Oct. From J. Taylor, agent for Hardeman county, S415 42
Huntsman & Scurlock, attorneys for Perry
county, 427 84
Jesse Gray, agent for Perry county, GO OO
M. M. Swan, agent for Knox county, on old
Bank judgments in Monroe county, 144 74
J. H. Thomas, agent and attorney for Mau-
ry county on old Bank judgment, 130 81
Hugh Francis, agent for Franklin county, 76 00
John Harding, agent for Davidson county, 50 77
Entry Taker of the Ocoee District, 4436 69
Also, received from Hugh Francis, agent for Frank-
lin county,
35737 27
236 00
THE SENATE.
427
From James Schoolfield, agent for Bledsoe
county, 105S 84
$7032 11
Amount received by the late Superintendent between
the date of his receipt and his settlement with your
committee, $7032 11
The following are the sums expended by the late incum-
bent between the above periods, for which he pro-
duced vouchers:
Warrant to R. x\rmstrong, for postage, $44 12!
" R. B. Turner, for costs in issuing
executions, 103 81
" H. G-. Smith, for attorney's fee, 150 00
" J. D. Welcker, " 20 00
" Huntsman & Scuriock," 21 39
$339 32!
Amount on hand for which no certificate of stock, had
been taken by said Superintendent at the date of his
report, $3212 27
$10244 3S
The Superintendent produced two 'certificates of stock—
One dated 5th November, 1841, for $3751 90
One other dated 2d November, 1841, for 4431 69 8133 59
$20060 79
Of the above amount, $1150 is principal, and the balance, $910 79,
is interest. Of the latter sum, $144 84 belongs to the contingent fund,
and the balance of $765 95, is included in tire receipt of the Cashier of
the State Bank to the Superintendent, for money paid over by him
since the 28th day of March, 1840, dated 5th November, 1841, and
passed to the credit of the contingent or sinking fund on the books of
the bank.
There is on the books of the bank to the credit of the school fund,
for which no certificate of stock has yet been taken, of principal $1150,
and of interest belonging to the contingent fund, for which no receipt
has been taken, the sum of $144 84. •
The Superintendent exhibited to your committee eight dollars of
the notes of the old Bank of Tennessee redeemed by him, and which
are herewith presented, and their destruction recommended by your
committee.
Said Superintendent also presented to your committee forty-six dpi-
lars and fifty cents of counterfeit notes on various banks, taken and re-
turned by ditferCnt common school agents, together with the evidence
furnished to him that said notes were taken by said agents, all of which
accompany the report: and your committee advise the burning of said
notes.
428
JOURNAL OF
From an imperious sense of duty to the late Superintendent of Fab*
lie Instruction, an unaffected love of justice, and a sincere desire to see
all public servants rewarded with the public approbation for an honest
and faithful discharge of their official duties, your committee cannot
refrain from stating, that upon the most careful examination of the
books of the office, and a scrupulous comparison of the report of the
late Superintendent to the present General Assembly, tiiey were found
to correspond with the most exact accuracy.
In view of the principle above laid down, your committee cannot
omit to state, that he had collected considerable sums of money on
debts due the fund, which had previously been abandoned as despe-
rate, including, in this list, many claims due the old State Bank, and
others of an equally hopeless and stale character. Under the influ-
ence of the same praiseworthy spirit of perseverance and economy in
the realization of this same fund; and collected a large number of
debts, varying in amount, on long-neglected and almost forgotten Cir-
cult, County court and justices judgments, scattered over all parts of
the State, and has carefully recorded in the books of evidence and ex-
planatory memoranda, showing the various sums, and different sources
from whence these amounts were derived.
He has also, with great labor and indefatigable industry and re-
search, discovered the existence, amounts, names of the debtors, place
of the recovery of the judgments, debts and returns of officers on eye-
cations thereon issued, the name of the officer, &c., &c., of sundry
debts due the fund, 011 some of which, with proper attention, a part.,
If not all of the money, may hereafter be realized. Of all the forego-
ing important data and facts, a record is made in the books of the of-
dice for the information of his successors, rendering the subject easily
intelligible to any future incumbent of the office.
He also corrected, by laborious calculations of interest, many errors
in the accounts current of different agents, by which much larger sums,
in many instances, have been received from them, than had previously
been claimed, or appeared to be due on the books of the office.
Looking through the whole range of the official duties of the late
Superintendent of Public Instruction, during the eutire period of his
management of that sacred fund, to the preservation and prudent use
of which, we look with such proud satisfaction and unshaken confi-
dence for a rapid and progressive improvement in the virtue,'intelli-
gence and social condition of the people of the whole State, we feel
fully authorised in saying, that those duties have been performed with
equal honor to himself and advantage to the State.
Not fearing that they will be charged with an act of supererogation
in so doing, though not strictly within the range of the duties of their
appointment, your committee recommend the appropriation to the late
Superintendent, in the general compensation bill, the sum of two hum
dred and twenty-five dollar^ for expenses incurred by him in traveling
to remote parts of the State in looking after the fund under hiscontralj
THE SENATE.
429
and for office lent during the term, of his official service—a statement
<Sf which is herewith presented.
All of which is respectfully submitted.
H. FREY, Chairman Senate Committee.
JOHN BUCHANNAN, Chairman Plouse Committee-
*.Statement of expenses referred to hi lleport of said Committee, as
above^tated.
Common School f'tfND op Tennessee,
To R. P. CURRIN, Superintendent, Dr.
1840.
Oct. To expenses in going to Covington, Tipton county, $10 Cta
1841.
April. To expenses in going to Perry, Gibson and Benton coun-
ties, ' 40 00
To office rent, twenty-one njonths at $100 per annum, 175 00
$225 00
-hich report beu-r read, the Senate concurred therein.
tn thr-^j011 mr* it is ordered, that said report he transmitted
The Representees.
^rpotprrlqtT i?!1 motion of i**. Ashe, tooir rr^ the unfinished business
tnn Rrnwnsville censidera.tion of a bill to Corporate the Tren-
Zn fecurd upor&S^rville Turnpike Company £when the ques-
neau in lien of the omai1"11 f amendment offe^ by mr. Re-
Warner moved to amend the^ offered by m . t , when mr.
follows: " And that in the apportionment ^
improvement between the three graiicC: . . FP r • ,««
gard shall fee paid to the value of taxabljf0"8 0 j h d'i?ision.»
which being read, and pending the consideration^ f
On motion of mr. Ross, ereo ■'
The Senate adjourned until 2 o'clock, p. m.
EVENING- SESSION.
On motion of mr. Hardwicke, the Senate took lip and considered a
resolution by him submitted on yesterday, proposing that a select com-
rnittee of seven be appointed, two from the eastern division, two from
the western, and three from the middle division of the State, to take,
into consideration so much of the Governor's message as relates tq the
Bank of Tennessee, and also the report of the President of said bank,
made to the present General Assembly—that said committee report by
bill or otherwise; which being read-and considered by the Senate, said
■resolution was adopted.
Ordered, that messrs. Hardwicke, Warner, Foster, Powell, Nelson,
Gardner and Sevier, be appointed said committee.
The Senate, on motion of mr. Gardner, took up and considered a
resolution by him submitted on yesterday, proposing that the joint se-
lect committee be appointed to report the number of journals to be
430
JOURNAL OF
printed for each branch of this General Assembly at tire present ses-
sion, be instructed also to report the number of cop/cs of the acts
which ought to be printed, and to enquire and report Jpon. the propri-
ety of causing one hundred copies of the journals—twenty-five of the
Senate's journal and seventy-five of the House's jou/nal—to be bound
for the use of the members at this and each succeeding session of the
Legislature; which being read and considered by the Senate, said re-
solution was adopted.
Ordered, that the clerk acquaint the House of Representatives there-
with, and ask a concurrence therein.
The Senate, on motion of mr. Ashe, took up the consideration of
the unfinished business of the morning, being a bill to incorporate the
Trenton, Brownsville and Somerville Turnpike Company.
# The question recurring upqn the amendment offered by mr. ^Varner,
to the amendment offered by mr. Reueau in lieu of the first-amend-
ment offered bymr. Warner to amend said bill by striking the 15th
section, when the Speaker of the Senate, on a question,'* order to the
second amendment offered by mr. Warner being decided
said second amendment was out of order, being p*1 amendment
third degree. mdmaiff of
The question then recurred riie ado/*101* of the a'1" yyarner
mr. Reneau, offered in oT the araenAhent offered^
m lieu of tUe 15th «cttoa of said bills and way toh motion,
of said amendment, mr. W arner having the flc
made by mr. Nelson to adjourn. .row 9 o'clock
The Senate adjourned until to-*~ °
WEDNESP JAN* 5' 1842"
Mb lVillialns preser'" the Petili™ of SU1^'7 citizens of Campbell
county pray inn- that ^"anc®ry court be established at Jacksborougb in
the county . .
Which b'"o rea"» on m°honof mr. Williams, said petition was re-
ferred tr l,e Judiciar_y committee.
jyi. Jboster chairman of the committee on the Judiciary to whom had
^n referred a hill to reduce the fees of Attorney Generals in certain
cases—Reports, that said committee have had the same under consider-
ation, and having considered said bill, have directed him to report said
bill with the following amendment; Provided, that on conviction for
gaming made felony, by law, the fee of the Attorney General shall be
ten dollars, to be taxed in the bill of cost, and to he paid by the defend-
ant, and with said amendment to recommend the passage of said bill,
Which report being read, mr. Ledbetter moved an amendment in lieu
of the amendment reported by the chairman of the committee on Judici-
ary, as follows : Provided, that in all cases for gaming made felony by
law, or for betting on elections, the fee of the Attorney. General be ten
dollars,
Which being read, mr. Hardvvicke asked and obtained leave to with-
draw said bill for amendment.
THE SENATE.
431
Mr. Miller introduced a bill to authorise the Banks to issue notes, of
smaller denominations than five dollars,
Which bill was read a first time and passed.
Mr. Foster introduced a bill for the amendment of criminal law and
for other purposes,
Which bill was read a first time and passed.
The Senate took up and considered a bill to alter the time of holding
the Circuit courts of Cannon county,
Which was read a second time and passed.
Mr. Sevier returned a bill for the relief of Shc*!^ fa certain cases,- by
him withdrawn for amendment, with the following amerreh^^ .
Sec. 2. Be it enacted, That where any Sheriff or collector oranj-
bounty in this State shall have failed to meke hi.s report of the land of
non-residents lying within his county, and on which taxes are due, to the
term of the Cirouit coui t to which the law makes it bis duty to make said
neport, and such failure is certified by the presiding Jucge and the clerk
01 ,id court t6 have been occasioned by a failure of that term of the court
-dd, it shall be the duty of the Comptroller of the Treasury and
the coun v trustee of the county in which such failure*, may have hap-
pened, to an ,v said Sheriff or collector on settlement and op his present-
ing the certifiers of the presiding Judge and clerk of sai»3 Court, a cred-
it for the full amoua of taxes dueon said lands : Provided, that such Sher~
iff or collector shall embrace the lands thus failed to be reported, in the
next succeeding ieport,,and shall thereafter settle for the same as im
other cases—mr. Johnson offered the following section by ivay of amend-
ment to said bill.
Sect 3. Be it enacted, That the provisions of the first section of this
act, shall extend to and embrace the case of the securities of any
Sheriff ii this State, who may have heretofore failed to settle up for the
revenue v\hich had come to his hands, and who had failed to return a list
of insolvents in the ccratwy within the time allowed, by law, and obtain a
credit therefor, in such case further time of three months after the
passage of this law, shall be given sawl securities, "to get such credit, and
thesarm when so obtained shall he allowed them, and the same due for
State andpounty revenue—or whether there be judgment against
securities Or noi,
Which amendment being read, and the sense or rno «o..crce thereon had
was adopted.
On motion of mr. Foster, said bill was referred ta the committee on
Ways and means.
A message from the House of Representatives by mr. Mitchell their
Clerk
Mr. Speaker: The House \of Representatives have taken up and
considered a message from the Senate transmitting certain resolutions and
interrogatories directory to the Hiwassee Railroad company, have amend-
ed the same by striking out the words " Hiwassee Railroad company,"
wherever the same occurs, and inserting in lieu thereof tlie following
words different Internal improvement companies in this State in which
432
JOURNAL OP
the State is a stockholder," and by adding to said resolutions the follow-
ing further amendment :
15. In what manner was said road let out ? who are undertakers ? at
what price -per tfhle and in what manner paid, or to be paid for the con-
«truction Of said road ?
16. What amount of moneys, State bonds, or either, and which, if
any, have been invested in the purchase Of slaves, lands, town lots, or
property, and at what prices ?
17. What amount of tolls have been collected by them, what ex-
pended in employs -gate keepers, and if any overplus, what disposi-
K^^-^en made of such surplus?
18. If any of the funds of the State have been employed in the
purchase of stock iu said Company •; if so, at what price and frcto
whom purchased.
19. State if in offering the road to contractors, whether or not the
board of directors reserved to themselves the right, after contract"
were taken, to change the location of the road; and if so, at
price per mile the contract was made, and whether the contract^ vVa!?
a stockholder in the road or not.
Be it further Resolved, That eaCli and ail of the foro^ltT^ biter-
rogatories be propounded to each of the Internal Implement Com-
panies in which the State is a stockholder, and in which the amount
has been paid, in whole or in part 5 that the Secretary of State furnish:
a copy of these resolutions and interrogatories to- die President end
Directors of said Companies, and that they be required to answer t)iem
on oath.
Which I am directed to transmit to the Senate and to ask its con-
currence therein.
And then he withdrew.
The Senate, on motion of nir. Williams, took up and considered a
message from the House of Representativesvro-transmitting a resolu-
tion, with skndry interrogatories, directs to the HiwasseeRail Road
Company, with sundry amendm^its made thereto by the House of
Representatives.
r^ich being read, mr. Laugklin moved a concurrence in the
amendnit,^jnade by lb'3- ^ouse of Representatives to the resolution
and interrogators propounded by the Senate to the Hiwassee Rail
Road Company.
Mr. Johnson moved to amend the amendment of the House Of Rep-
prerentativesby adding thereto the following:
Be it enacted, That it shall not he lawful for the Governoi to issue
01* cause to be issued any State bond or bonds, under the provisions of
any law of this State to any or either of the Rail Road, Turnpike, or
other Internal Improvement Companies of the State, until the said
Company or Companies, so applying for said bond or bonds, shall ful-
ly and satisfactorily answer all the questions propounded in the fore-
going resolutions, either to the Legislature or the Board of Com-
missioners on Internal Improvements, whose duty it shall be to judge
of the propriety of issuing any more State bonds to said Companies.
Which being • read, and the question upon the adoption of said
THE SENATE.
433
amendment being had, was determined in the negative—ayes S, noes
13.
The ayes and. noes being demanded,
The aifirmative voters were:
ff/essrs. Ashe, Bradbury, Gardner, flardwicke, Johnson, il/atthews,
Warner and Waterhouse—8.
The negative voters were :
J/essrs. Foster, Frey, Laughlin, Lcdbetter, il/aclin, Afiller, Nelson,
Peyton, Reneau, Ross, Sevier, Williams and mr. Speaker Turney—13.
So said amendment was rejected.
The question then recurred upon the motion of mr. Laughlin to
concur in the amendments made by the House of Representatives ta
said resolution and interrogatories, propounded to the Hiwassee Rail
Road Company—which being had, was determined in the affirmative
—ayes 23, noes none. *
The ayes and noes being demanded,
The affirmative voters were :
Messrs. Bradbury, Foster, Frey, Gardner, Hardwicke, Jennings,
Johnson, Laughlin, Ledbeltcr, Maclin, Matthews, Miller, Nelson, Pey-
ton, Reneau, RoSs, Sevier, Warner, V/aterhouse, Williams, and mr.
Speaker Turney—22.
The negative voters none.
So said amendments were concurred in.
Ordered that the clerk acquaint the House of Representatives there-
with.
The Senate, on motion of mr. Ashe, took up the unfinished busi-
ness of yesterday, being a bill to incorporate the Trenton, Brownsville
and Sommerville Turnpike Company.
The question recurring upon the adoption of the amendment offer-
ed by mr. Reneau in lieu of the amendment offered by mr. Warner,
in lieu of the 15th section of said bill, and pending the consideration
of said question,
On motion of mr. Peyton,
The Senate adjourned until 2 o'clock, p. m.
EVENING- SESSION.
Mr. Hardwicke returned a bill as reported by the committee on the
Judiciary, to reduce the tax fees of Attorneys General in certain
cases, by him withdrawn for amendment, without amendment, when
mr. Ledbetter withdrew the amendment by him submitted in lieu of
the amendment reported by the committee on the Judiciary.
The question then recurred upon the adoption of the amendment
reported by the chairman of the committee on the Judiciary—which
beiag had, was determined in the afhrngative. .
So said amendment was adopted, and said bill as amended was read,
a s'econd time and passed.
The Senate, on motion of mr. Williams, took up and considered a
bill to regulate the price of public printing,
Which bill was read a second time, and the question recurring upon
30
434
JOURNAL OF
the passage of said bill being had, was determined in the affirmative—
ayes 13—nays 11,
The ayes and noes being demanded,
The affirmative voters were :
Messrs. Ashe, Bradbury, Foster, Frey, Gardner, Johnson, Peyton,
Powell, Reneau, Ross, Sevier, Williams, and mr. Speaker Turney—13.
The negative voters were ;
Messrs. Hardwicke, Jennings, Laughlin, Ledbetter, jviaclin, Mat-
thews, jviotley, Nelson, Warner, and YVaterhouse—11.
So said bill was passed upon its second readiug.
The Senate, on motion of mr. Peyton, took up and considered a
bill for the better security of public ferries.
Which bill was read a third and last time, and the question, Shall
said bill"pass ? was had and determined in the affirmative—ayes 20,
nays 2.
The ayes and noes being demanded,
The affirmative voters were :
Messrs. Bradbury, Foster, Frey, Gardner, Jennings, Johnson,
Laughlin, Ledbetter,Maclin, Matthews, Motley,Nelson, Peyton, Powell,
Reneau, Ross, Sevier, Warner, Waterhouse and mr. Speaker Turney
—20.
The negative voters were:
Messrs. Miller and Williams—2.
So said bill was passed upon its third and last reading—was order-
ed to be engrossed and transmitted to the House of Representatives.
The Senate, on motion of mr. Ashe, took up the unfinished busi-
ness of the morning, being the consideration of a bill to incorporate
the Trenton, Brownsville and Sommerville Turnpike Company—and
the question recurring upon the adoption of the amendment offered by
mr. Renaau in lieu of the amendment offered by mr. Warner, in lieu
of the 15th section of said bill, when mr. Reneau asked and obtained
leave to withdraw said amendment.
ff/r. Reneau moved to amend the 15th section of said bill by adding
thereto the following proviso, to-wit:
Provided, That ^the sum of money that may be subscribed by the
Governor under the provisions of this act shall be considered as so
much of the sum which was allotted to the Western Division of the
State, by an act commonly called the compromise act, passed at the
regular session of 1837—8.
Which being read and considered by the Senate, said amendment
was adopted.
The question then recurred upon the amendment offered by mr.
Warner in lieu of the 15th section of said bill as amended—which
being read, was determined in the affirmative—ayes 13, nays 10.
Tpe ayes and noes being demanded,
The affirmative voters were:
Messrs. Foster, Gardner, Hardwicke, Johnson, Laughlin, Ledbetter,
Matthews, Motley, Peyton, Ross, Warner, Waterhouse andmr. Speak-
er Turney^l3.
The negative voters were:
THE SENATE.
435
Messrs. Ashe, Bradbury, Frey, jraclin, Miller, Nelson, Powell, Re-
neau, Sevier and Williams—10. *
So said amendment in lieu of the 15th section was adopted.
Mr, Foster submitted the following:
Resolved, That a select committee of three be raised, to whom
shall be referred the acts of 1835, 1837 and 1839, relating to the $ys-
tem of Iuternal Improvements, whose duty it shall be to examine and
ascertain what amount of stock the State has taken under the acts of
1835 and 1837, and what amount of that stock has been taken in im-
provements in West Tennessee, what amount in Middle Tennessee,
and what amount in East Tennessee; that said committee examine
and ascertain what amount of stock on the part of the State based
upon the principle of taxation, each grand division of the State will be
entitled to, as well what amount each grand division of the State would
be entitled to upon the basis of population, and that estimate to be
made upon the grounds upon the amodnt already taken by the State
in the three grand divisions, with the view to ascertain what, if any,
amount of stock is proper and right, for the State to take so as to
equalise the amount of stock taken by the State in tfie three grand di-
visions of the State upon the basis of taxation or the basis of popula-
tiou, and that said committee make their report with all reasonable
despatch to the Senate, accompanied with a bill to equalise the stock
on the part of the State in the three grand divisions of the State,
which additional stock so to be taken by the State shall be paid out of
the funds' coming to the State from her share of the sale of the public
lands under the distribution act.
Which being read, was laid on the table.
On motion of mr. Jennings, the consideration of a bill to provide for
and regulate the inspection of Tobacco, upon its second reading in the
Senate, is made the special order of the day on to-morrow, January
6, 1842.
On motion of mr. Ledbetter,
* The Senate adjourned until to-morrow morning, 9 o'clock. •
THURSDAY, JAN. 6, 1S42.
Mr. Sevier presented the petition of sundry citizens of Carroll coun-
ty, praying that the 1st section of the 7th article of the Constitution of
the State of Tennessee be so amended as to abolish the office of Coun-
ty Trustee, and transfer the duties of said office to the Sheriff of the
respective counties.
Which being read, was, on motion of mr. Sevier, transmitted to the
House of Representatives.
A message from the House of Representatives, by mr. Mitchell, their
clerk:
Mr. Speaker: The Speaker of the House of Representatives did
this day sign an enrolled act entitled an act to charter the Sevier Coun-
ty Turnpike Company.
The House of Representatives have taken up a message from the
Senate transmitting a resolution adopted by the Senate, choosing
436
JOURNAL OF
Hopkins L> Turney a Senator in the Congress of the United States
from the State of Tennessee, to fill the vacaucy occasioned by the
death of the Hon. Felix Grundy, deceased; also, Choosing Thomas
Brown, a Senator of the Congress of the United States from the State
of Tennessee, for six years from the 4th day of March last—in which
resolution the House of Representatives non-concur.
The House of Representatives have adopted a resolution proposing
that the Senate meet the House of Representatives in convention in their
Hall on Thursday the thirteenth of January, 1842, for the purpose of
electing two Senators to the Congress of the United States, from the
State of Tennessee, one to succeed the Hon, Felix Grundy deceased, and
the other for six years irom the fourth day of March last, and in like
manner to elect a State Treasurer and Comptroller of the Treasury of
the Slate of Tennessee, which I am directed to transmit to the Senate,
and ask a concurrence thereto—and then he withdrew.
Whereupon the Speaker of the Senate signed said enrollrd acts, which
was ordered to be transmitted to the House of Representatives for the
further action of the House thereon to be had.
On motion of mr. Haidwicke, it is ordered that the petition of certain
citizens of Henry county relating to the erection of water mills be trans-
mitted to the House of Representatives.
Mr. Frey, chairman of the committee oh Enrollments, reports as cor-
rectly Enrolled resolutions and interrogatories directory to the different
Internal improvement companies in this State, in which the State is a
stockholder.
Whereupon the Speaker of the Senate signed said enrolled resolution,
and ordered that the same be transmitted to the House of Representa-
fives for the signature of the Speaker of the House.
Mr. Johnson moved a re-consideration of the vote of the Senate bad
on yesterday, adopting the amendment offered by Warner, in lieu of the
15lh section of the bill to incorporate the Trenton, Brownsville and
Somerville Turnpike company.
Mr. Maclin, chairman of the committee on public lands, to whom had
been referred the petition of sundry citizens of the commonwealth of
Virginia, owners of land in the State of Tennessee, and relating to said
petitioners driving their stock to the range within this State—Reports,
that said committee have had the said petition under consideration, and
deem the prayer thereof unreasonable, and should not be granted, that
said committee had instructed him to report said petition and recommend
its rejection.
Which report being read, and considered the Senate concur therein.
So said petition was rejected.
Mr. Maclin, chairman of the committee on-public lands, to whom had
been referred a bill from the House of Representatives to carry into ef-
feet an act of Congress passed and approved the 18th day of February
1841, authorising the State of Tennessee to perfect titles to the vacant
and unappropriated lands, south and west of the Congressional reserva-
tion line in this State—Reports, that said committee have had the same
THE SENATE.
437
under consideration, apd that the committee had instructed him to report
said bill with the following amendments, to wit:
Insert in the eighth section after the words " to draw on the Treasur-
er ot this State" the following : " Provided, the Comptroller shall not
pay in satisfaction of said warrants or certificates, any other or more
money than shall be received and accrue from the proceeds of said land
into the Treasury of the State," strike out of the Sth section after the
words " at the Complroller's office within" the following " two years
from the passage of this act," and insert in lieu thereof the following,
"one year from the first day of July 1813,1? strike out at the end of the
16lh section the following words " in the months of January and July
annually," and insert in lieu thereof the following, "on the first Afonday
in June in each and every year,1.' strike out of the 10th line in the 17th
section the word "security" and insert in lieu 1 hereof the word "securi-
ties," insert in the 7th line of the 19th section after the word " funding,"
the words " and satisfying," insert in the 24th section after the words
" forthwith surveying the same" the following " as is defaced or mdis-
tinct, or may have been partially run and not completed," strike out of
the 7th line in the 14th section after the words "shall be entitled to " the
word" three," aud insert in lieu thereof the word " four the committee
further considering said bill, report an additional section thereto, as fol-
lows :
Seo. 25. Be it enacted, That the Entry lakers of the counties of
Lawrence, Wayne, Hickman, Giles and Maury, shall account for all moil- •
eysby them received in payment of said vacant lands, to the Comptroller
of the Treasury of the Stale, at the city of Nashville, upon the first Mom
day in September in each and every year, which accounts of said Entry
takers, the Comptroller shall audit and settle, and shall by warrant certi-
fy the same to the Treasurer of the State, and the said Entry taker shall
forthwith pay over to said Treasurer of the Slate the amount of money
received by them respectively, in payment for said vacant land, and in de-
fault thereof, shall be liable to all the penalties of the 17th section of this
act, and for all the vacant lands in the counties of Lawrence, Waynp,
Hickman, Giles and Maury, grants shall be issued by the Register of
Middle Tennessee, under the same rules and regulations, and for the same
fees, that grants are required to be issued in the 12th section of this act
by the Register of the Western District, and with said amendment to
recommend the passage of said bill, *
Which repoit being read, inr. Matthews moved to amend said bill by
adding 1 hereto the following :
Sec. 26. Be it enacted, That when any person shall be the lawful
owner of more than one occupant claim—which has heretofore been plain-
ly marked out and surveyed, and spread upon the general plan of said
county, and the same shall be adjoining to each other, it shall be lawful in
paying for the same and perfectrnga grant, to enter such occupants in one
entry, and the Entry taker shall make out a plot for the same, for which
he shall receive the sum of fifty cents, and tfiis shall supercede the neces-
sityof any further survey-,
Winch being read, with the amendments proposed by the committee,
433
JOURNAL OF
and the sense of the Senate thereon had, said amendment was adopted.
And said hill as amended was read a second time and passed.
Mr. Gardner asked and obtained leave to withdraw said bill for amend-
ment.
Mr. Nelsbn presented a communication from the President of the Hi-
wassee Railroad company, relating: to certain resolutions and interroga-
toi ies propounded and adopted, directory to internal improvement com-
panies in thi$ State in which the State is a stockholder.
[See Appendix.]
Which being read, on motion of mr. Nelson said communication wag
transmitted to the House of Representatives.
Air. Frey moved a re-consideration of the vote of the Senate had upon
the third and last reading of a bill for the better security of public Fer-
ries, which motion prevailing, mr. Frey moved to amend said bill by in-
sei ting therein, in the enacting clause after the words " be it enacted " the
words u by the General Assembly of the State of Tennessee,"
Which being read, and considered of by the Senate,
Said amendment was adopted.
Oir. Reneau moved to amend said bill by striking out after the first
section the words "all kinds of stock,"
Which being read, and the sense of the Senate thereon had,
Said amendment was rejected.
Mr. Foster moved to amend the first section in said bill, by inserting
therein after the words " all kinds ot stock," the following "which first
tworails from the gunwale of the boat shall not be farther apart than four
inches,"
Which being read, and considered by the Senate,
Said amendment was adopted.
Mr. Ross moved to amend said bill by inserting therein after the words
" any ferry that," the words " has been or," and to insert after the word
" may" the word "hereafter."
Which being read, and considered of by the Senate,
Said amendment was adopted.
And said bill as amended was read a third and last time, and the ques-
tion recurring upon the passage of said bill.being had was determined in
the affirmative—ayes 20, noes 2.
The affirmative voters were :
Messrs. Ashe, Bradbury, Foster, Frey, Gardner, Hardwicke, Jen-
nings, Johnson, Laughlin,Ledbetter, Matthews, Motley, Nelson, Peyton,
Powell, Ross, Sevier, Warner, Waterhouse and mr. Speaker Tur-
ney—20.
The negative voters were :
Messrs, Miller and Reneau—2.
So said bill was read a third and last time—was ordered to be engross-
ed and transmitted to the House of Representatives.
On motion,
The Senate adjourned, until 2 o'clock, i>. m.
THE SENATE.
439
EVENINtt SESSION.
Mr. Bradbury introduced the following:
Resolved by the General Assembly of the State of Tennessee,
That the Comptroller of the Treasury be, and he is hereby directed to
issue a duplicate of warrant No. 3145, dated the 9tb August, 1841,
the same being for nineteen hundred and seventy-three dollars and
forty-five cents, and drawn in favor of George M. Arnold, trustee, the
same being the distributive share of the school fund for the county of
Henderson for the year 1841, and that said duplicate warrant, when
issued, shall supply the place of the original, which has been lost or
mislaid.
Resolved further, That a resolution adopted by the General Assem-
bly on the 10th December, 1841, directing the Bank of Tennessee to
pay said sum of nineteen hundred and seventy-three dollars forty-five
cents to George M. Arnold, trustee as aforesaid', be, and the same is
hereby rescinded ; which being read, was laid on the table.
Mr. Foster introduced a resolution in lieu thereof.
Mr. Nelsou submitted the following:
Resolved by the General Assembly of the State of Teniiessee,
That the constitution of the State be so amended as to limit the dura-
tion of the sessions of the Legislature, by adding to the eighth section
of the second article of said constitution, the words, " and may con-
tinuc in session ninety consecutive days, and no longer/" which, be-
ing read, was laid on the table.
Mr. Nelson introduced a bill to regulate the fees of attorneys gene-
ral in certain cases; which bill was read a first time and passed.
The Senate, on motion of mr. Johnson, took up and considered a
bill to remit to Johnson county the State tax for 1842-3 ; which bill
was read'a second time and passed.
Mr. Foster submitted the following in lieu of the resolution submit-
ted by mr. Bradbury:
Resolved, as amendatory to tlie'rcsolution adopted the 10th Decern-
bcr, 1841, by the General Assembly, That the Comptroller of the
Treasury issue a duplicate warrant from No. 3145, for the sum of
nineteen hundred and seventy-three dollars forty-five cents, in favor of
George M. Arnold, trustee of Henderson county, in order that the
Bauk of Tennessee may, under the restrictions and provisions of a re<-
solution passed by the General Assembly 10th December, 1841, pay
the sum of nineteen hundred and seventy-three dollars forty-five cents
to the said George M. Arnold, trustee of Henderson county; which
amendment being read, was adopted.
Said resolution, as amended, being read, and the question, Shall
said resolution be adopted? being had, was determined in the affirma-
five.
The ayes and noes being demanded,
The affirmative voters were :
Messrs. Ashe, Bradbury, Foster, Frey, Gardner, Hardwicke, Jen-
mugs, Johnson, Laughlin, Ledbetter, Maclin, Matthews, Miller, Motley,
440
JOURNAL OP
Nelson, Peyton, Powell, Reneau, Ross, Sevier, Warner, Waterhouse,
Williams and mr. Speaker Turiiey—24.
Negative voters none.
So said resolution, as amended, was adopted.
On motion of mr. Reneau, a bill to encourage domestic manufac-
tures, upon its third and last reading, is made the special order of the
day for to-morrow, 7th January, 1S42.
The Senate, on motion of mr. Jennings, took up and considered a
bill to provide for and regulate the inspection of tobacco, being the or-
der of the day; which bill was read and considered, section by seo-
tion.
Jir. Gardner moved to amend the first section of said bill, by sfrik-
ing out after the words " he shall receive the sum of," the word" two,"
and insert in lieu thereof the word " one;" which being considered by
the Senate, said amendment was adopted.
J/r, Jenniugs, moved to amend said bill, by striking out the fourth
section, as follows:
Sec. 4. Be it enacted, That a license for one warehouse at any
town, place of market, port or landing, may be granted, if it be proved
to the satisfaction of the court applied to for such license, that such
warehouse is important as a matter of public convenience, and will
not, by its competition with the licensed warehouses in its vicinity,
tend to render the business of inspection of tobacco of so small profit
as to endanger its discontinuance at that point, or negligence in the
mode of conducting it; but in no case shall more houses be licensed
at the same town, place of market, port or landing, in a greater pro-
portion than that of one for every fifteen hundred hogsheads of the
average amount of tobacco annually brought to such town, plpee of
market, port or landing, for sale or exportation; which being read and
considered by the Senate, said amendment was adopted.
J/r. Warner moved to amend the fifth section of said bill, by slrilt-
ing out that part conferring the power of appointing inspectors on the
County court, and in lieu thereof authorise the Governor of the State
tb make the appointment of such inspectors.
J/r. Ledbetter moved to amend said bill, by adding to the end of
the fifth section, the following: Provided, that the inspectors at the
city of Nashville, shall be appointed and commissioned by the Govern-
or of the State, for the same length of time, and under the same rules,
regulations and restrictions, as other inspectors that maybe appointed
under this act; which amendment mr.* Warner accepted in lieu of the
amendment by hiui offered to said bill; and said amendment being
read, was adopted.
Mr. Gardner moved to fill the blank in the fifth section, occurring
after the words "shall continue in office for the term of," with the
word " two ;" which being considered by the Senate, said amendment
was adopted.
Mr. Foster moved to amend said bill, by striking out of the fifth
section, after the words " shall enter into bond before," the following
words: "'one of the justices of the peace for his."
J/r. Foster moved further to amend the 7th section of said bill, by
THE SENATE.
441
striking out after the words "such as the said," the word "justice,"
and insert iu lieu thereof the word "court;" and further to amend
said bill iu the 3d line of the 7th section, after the words « enter into
bond," by inserting the word "the," and to amend said section in the
Sd line, by inserting after the word " court," the word " the ;" which
several amendments being read and considered by the Senate, were
adopted.
Mr. Jennings moved to amend the 7th section of said bill, by insert-
ing in the 9th line, after the words "brought to tiie warehouse," tho
words " or warehouseswhich being read, was adopted.
Mr. Foster moved to amend the 7th section of said bill, by striking
out the following: '"'and the said justice shall immediately cause the
said bond to be proved by the witnesses thereto, and shall transmit to
the clerk's office of the County court within ten- days thereafter, who
shall record the same, aud transmit it to the clerk of the Circuit court,
who shall also enter it upon the records of his officewhich being
read and considered, said amendment was adopted.
Mr. Gardner moved to amend the 7th section of said bill, by strik-
ing out of the 5thline, the words "five thousand;" which being coil-
sidercd by the Senate, said amendment was adopted.
Mr. Sevier moved to fill the blank in the fifth line of the 7th section
of the bill, occasioned by the adoption of mr. Gardner's amendment,
with the words " one thousand."
•dir. Foster moved the following in lieu of the amendment offered
by mr. Sevier: " Said bond shall be from one thousand to ten thou-
sand, at the discretion of the court taking the same;" which being
read and considered by the Senate, said amendment was adopted.
Mr. Warner moved to amend the Sth section of said bill, by striking
out after the words " be at liberty to withdraw it," the words " after
paying the warehouse fees, and fees of inspection;" which being con-
sidered, said amendment was adopted.
Mr. Hardwicke moved to amend the 9th section of said bill, by
striking out the word " bearer " in the last line of said section, and in-
sert in lieu thereof the word " order;" which being read, said amend-
ment was rejected.
Mr. Foster moved to amend said bill, by striking out the 12th sec-
tion.
Mr. Gardner moved to amend the 12th section by adding thereto,
that "it shall not be in force until the expiration of twelvemonths
from its passage, and that the dimensions of the hogsheads prescribed
in said section, shall be advertised at the door of each warehouse."
il/r. Warner moved to amend the amendment of mr. Gardner, by
postponing the force and effect of said 12th section fifty years.
When mr. Gardner withdrew his amendment, by leave of the Se-
nate.
Mr. Hardwicke moved to amend the 12th section of said bill, fixing
the length of the clave of the hogshead at fifty-eight inches—the head
diameter of the hegshead forty inches; which being considered by the
Senate, said amendment was rejected.
The question then recurred upon the adoption of the amendment of
442
JOURNAL OF
mr. Foster, by striking out the 12th section; which being considered
by the Senate, said amendment was rejected.
JWr. Jennings moved to amend the 21st section of said bill, by add-
ing thereto the following: "But the aggregate amount of such fees
shall in no case exceed one dollar and fifty cents per hogshead, and li«
ability for their payment shall be divided between the person offering
the tobacco for inspection, and the person removing it from the ware-
house, the first paying the charges of inspection and cooperage at the
time when he receives his note or notes from the inspector, and the se-
cond for the charges of storage at the time when the tobacco is deliver-
ed to him for removal; which being read and considered, said amend
mcnt was adopted.
H/r. Jennings also moved the further following amendment to said
bill: After the words " in said warehouse," in the 5th line of the 5th
section, insert the following: " and in any other warehouse or ware-
houses that may thereafter be licensed at the.same port, town, landing
or place of market." By inserting in the 3d line of the 6th section,
after the words " inspector at warehouse," the words " or ware-
houses, (as the case may be,) established for the public inspection of
tobacco.1-1 By inserting in the 7th line of the 6th section, after the
words "the said warehouse," the words " warehpuses, (as the case
may be.") By inserting in the 3d line of the 9th section, after the
words " or shall be required," the words " not exceeding in number,
however, the number of hogsheads inspected for such owner;" which
several amendments being read and considered by the Senate, were
adopted.
And said bill, as amended, was read a second time and passed.
On motion of mr. Jennings,
The Senate adjourned until to-morrow morning 9 o'clock.
FRIDAY, JAN. 7, 1842.
The Senate took up and considered a bill to encourage domestic
manufactures—being the order of the day.
On motion of mr. Reneau, said bill is made the special order of the
day for Monday next, the 11th inst.
The Senate took up and considered a resolution from the House of
Representatives, to amend the 4th section of the 10th article of the
constitution of the State of Tennessee, so as to permit the State of
Tennessee to divide the county of Perry; which resolution was read
a third and last time, and the question, Shall said resolution be adopt-
ed? being had, was determined in the affirmative—ayes IS, noes 6.
The ayes and noes being demanded,
The affirmative voters were :
Messrs. Ashe, Bradbury, Foster, Hardwicke, Jennings, Johnson,
Laughlin, Maclin, Miller, Motley, Nelson, Peyton, Powell, Reneau,
Sevier, Waterhouse, Williams and mr. Speaker Turney—IS.
The negative voters were:
Messrs. Frey, Gardner, Ledbetter, Matthews, Ross, and Warner—6.
THE SENATE,
443
So said resolution was adopted upon its third and last reading, and
was ordered to he transmitted to the House of Representatives.
Mr, Turney presented the petition of John Gibson, of the cou,nty of
White, praying that a law may be passed, emancipating certain slaves,
the property of said petitioner, under the provisions contained in said
petition; which being read,
On motion of mr. Turney, said petition was referred to the commit-
tee on ways and means.
Mr. Ledbetter presented the petition of sundry citizens of the coun-
ty of Cannon, praying that a law be passed allowing said county of
Cannon to collect and apply the State taxes in said county for the next
two years; which being read,
On motion of mr. Laughlin, said petition was ordered to be trans-
mitted to the House of Representatives.
Mr. Turney introduced a bill to repeal an act entitled " an act to re-
peal all laws licensing tippling houses, and for other purposes;" which
bill was read a first time and passed.
The Senate, on motion of mr. Johnson, took up and considered a re-
solution by him submitted on the 7th December, 1841, proposing to
cede to the United States that portion of the State of Tennessee com-
monly called East Tennessee, to be erected into a separate State go-
vernment, and tor other purposes.
On motion of mr. Johnson, the further consideration of said resolu-
tion is made the special order of the day for Wednesday next.
The Senate took up and considered a bill from the House of Repre-
sentatives, to amend the law in relation to the exemption of certain
property from execution.
Which being read, mr. Nelson moved to amend said bill by adding
to the second section the following:
And that the provisions of the acf securing property to the heads of
families shall be construed and taken to extend to and embrace the
heads of each and every family of whatever vocation or calling.
Which being read, and the sense of the Senate thereon had, Said
amendment was adopted.
Mr. Nelson moved to amend said bill, by adding thereto the follow-
ing, to-wit:
Sec. 3. Be it enacted, That the provisions of this act shall only ap-
ply to debts contracted after its passage.
Which being read, said amendment was adopted.
Mr. Ross moved to amend said bill by adding thereto the following:
Be it enacted, That the act of assembly passed the day of
IS— exempting a mule, horse, or yoke of oxen from execution,
be so construed that the mule, horse, or yoke of oxen so exempt shall
not be worth more than one hundred dollars.
Which being read, and the sense of the Senate thereon had, said
amendment was adopted.
Mr. Ledbetter moved that the vote of the Senate adopting the
amendment offered by mr. Nelson, be re-considered, and the question
thereon being had, was determined in the negative—ayes 7—nays
16.
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JOURNAL OF
The ayes and noes being demanded,
The affirmative Voters were:
Messrs. Gardner, Ilardwickc, Jennings, Ledbetter, Motley, Warner,
and Williams—7.
The negative voters were :
Messrs. Ashe, Bradbury, Foster, Frey, Johnson, Laughlin, aiaclin,
Matthews, Miller, Nelson, Peyton, Reneau, Ross, Sevier, Waterhouso
and mr, Speaker Turney—16.
So said motion to re-consider said vote adopting said amendment
was rejected.
Said bill as amended was read a third and last time, and the ques-
tioti recurring upon the passage of said bill, was had and determined
in the affirmative'—ayes 18, nays 6.
The ayes and noes being demanded,
The affirmative voters were:
Jl/essrs. Ashe, Bradbury, Foster, Frey, Hardwicke, Jennings, John-
son, Laughlin, Maclin, Matthews, Miller, Nelson, Peyton, Reneau,
Ross, Sevier, YVaterhouse andmr. Speaker Turney—18.
The negative voters were:
Messrs. Gardner, Ledbetter, Motley, Warner, and Williams—5.
So said bill was passed as amended upon its third and last reading—
was ordered to be transmitted to the House of Representatives.
Ordered that the clerk acquaint the House with the amendments
piade thereto, and ask a concurrence of the House therein.
A message from the House of Representatives by mr. Mitchell, their
clerk:
Mr. Speaker : The House of Representatives have taken up and
fc-ad a petition of sundry citizens of Jefferson county, praying a law
to be passed granting a bounty on silk—which I am directed to trans-
mit to the Senate.
The House of Representatives have adopted a resolution directpry
to our Senators in Congress, if there be any elected, and instructing of
buy Representatives to vote for a repeal of the Bankrupt law.
Also a resolution to amend the 4th section of the 10th article of the
Constitution of the State of Tennessee—in which I am directed to ask
the concurrence of the Senate.
The Speaker of the House of Representatives did this day sign an
enrolled resolution directory to the different Internal Improvement
Companies in this State in which the State is a stockholder.
And then he withdrew.
Whereupon the Speaker of the Senate ordered that said enrolled
resolution be deposited in the office of the Secretary of State for the
State of Tennessee.
The Senate took up and considered a bill from the House of Repre-
sentatives to reduce the tax fees of Attorneys General in certain cases.
Which bill as amended was read a third and last time, and the ques-
tion, Shall said bill pass ? being had, was determined in the affirmative
—ayes 21, nays 2.
The ayes and noes being demanded,
The affirmative voters were;
THE SENATE.
445
Messrs. Bradbury, Foster, Frey, Gardner, Hardwicke, Jenpings,
Johnson, Laughlin, aiaclin^ Matthews, Miller, Motley, Nelson, Powell,
Reneau, Ross, Sevier, Warner, VvTaterhouse, Williams and mr. Speak-
er Turney—21.
The negative voters were :
Messrs. Ledbetter and Peyton—-2.
So said bill as amended was read a third and last time, and was or-
dercd to be transmitted to the House of Representatives.
Ordered that the clerk acquaint the House of Representatives with
the Senate's amendment to said bill, and ask a concurrence therein.
The Senate took up and considered a resolution from the House of
Reprcsentatiues to amend the 4th section of the lOlh article of the
Constitution of this State, so that the counties of Bledsoe and il/arion
shall come under the general provisions of the Constitution in forming
new counties.
Which being read a third and last time, and the question, Shall said
resolution be adopted? was had and determined in the affirmative—r
—ayes 16, nays
The ayes and 1100s being demanded,
The affirmative voters were :
Messrs. Bradbury, Foster, Gardner, Hardwicke, Jennings, Johnson,
Laughlin, Maclin, Matthews, Miller, Peyton, Powell, Sevier, Water-
house, Williams, andmr. Speaker Turney—16.
The negative voters were:
Messrs. Frey, Ledbetter, Nelson, Reneau, Ross,—5.
So said resolution was adopted upon its third and last reading, and
Was ordered to be transmitted to the House of Representatives for en-
lollment.
The Senate took up and considered a bill from the House of Rep-
resentatives to make compensation to Robert Tunnell, late Surveyor
of the Hiwassee District.
Which bill was read a third and last time, and the question, Shall
said bill pass ?" was had hnd determined in the affirmative—ayes 20,
nays 2.
The ayes and noes being demanded,
The affirmative voters were:
Messrs. Bradbury, Foster, Gardner, Hardwicke, Jennings, Johnson,
Ledbetter, Maclin, Matthews, JUiller, Motley, Peyton, Powell, Re-
neau, Ross, Sevier, Warner, Waterhousd, and mr. Speaker Turney—
20.
The negative voters were :
Messrs. Frey and Nelson—2.
So said bill was passed upon its third and last reading, and order-
ed to be transmitted to the House of Representatives.
The Senate took up and considered a message from the House of
Representatives, transmitting a bill to make legal all the official acts
of James Rose, as Deputy Clerk of Shelby county, passed by the
House of Representatives on its third and last reading, amended by
the Senate, and passed as amended upon its third and last reading—in
which amendment the House of Representatives non-concur.
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JOURNAL OF
Mr. Foster moved that the Senate do recede from its amendment to
said hill.
Which being considered and the sense of the Senate thereon had,
said motion prevailed,
Whereupon it is ordered that said bill be re-transmitted to the
House of Representatives, and that the clerk acquaint the House that
the Senate recede from its said amendment to said bill.
On motion of mr. Nelson,
The Senate adjourned until 2 o'clock, p. m.
EVENING- SESSION.
The Senate took up and considered a bill from the House of Rep-
resentatives to amend an act entitled an act to reform and amend the
laws of the State of Tennessee, passed the 9th of Dec. 1S29.
When, on motion of mr. Matthews, said bill was laid on the table.
The Senate took up and considered a bill from the House of Rep-
resentatives to amend an act to re-enact and amend an act to establish
a system of common schools in the State of Tennessee, passed Jan.
28, 1840.
Which being read a third and last time,
Mr. Ledbetter moved to amend said bill by adding at the end of the
6th section, the following:
Provided, that any children who may live inconvenient to a school
house in Cannon county, may be sent to any school in any adjoining
district in Rutherford county, who shall have the same benefit of the
common school money as if sent to school in the district in which they
reside.
Which being read, and the sense of the Senate thereon had, said
amendment was adopted.
Mr. Foster moved to amend the 1st section of said bill after the
words "shall be commissioners respectively," by inserting the words
"in manner and time as provided in the 10th section of this act."
Which being considered by the Senate, said amendment was
adopted.
ii/r. Ledbetter moved to amend said bill by striking out the 11th
and 12th sections, as follows:
Sec. 11, Be it enacted, That all laws requiring a rate bill or other
contributions to be made other than by this act, be repealed; and here-
after it may be lawful for the free voters of any common school dis-
trict, or a majority of them, to meet at the school house in the school
district, on the first Monday of July in every year, and organize them-
selves into a corporate body, choose a chairman, and a majority being
present, shall have power to make by-laws regulating their school, lay
taxes, appoint a collector to collect, the same, who shall be authorized
by a vote of the said corporation, and make all necessary orders and
regulations for the common good of the school of such district, not
inconsistent with the Constitution and laws of the State, and keep a
regular record of their proceedings.
Sec. 12. Be it enacted, That the meetings as fixed in this act, on the
THE SENATE.
447
first Mondays in July, maybe altered by the said corporation, so that
they may after they are organised, meet upon their own adjournment :
Provided, that nothing in this act shall make it obligatory upon the citi-
zens of any district to organise according to the act, but the same is left
to their free will and choice,
Which being read, mr. Warner moved to amend the 11th andl2th sec-
tions of said bill by adding the following : Provided, "that no person or
persons shall be subject to the provisons of the 11th and 12th sections of
this act, unless he or she shall first give his or her or their consent jn wri-
tiDg thereto,
Which being read, and the sense of the Senate thereon had, said amend-
ment was rejected.
The question then recurred upon the adoption of the motion made by
mr. Ledbetter, striking out the 11th and 12th sections of said bill, which,
being had w7as determined in the affirmative—ayes 19, noes 2.
The ayes and noes being demanded,
The affirmative voters were :
Messrs. Bradbury, Foster, Frey, Gardner, Jennings, Johnson, Laugh-
lin, Ledbetter, aiaclin, Matthews, Miller, Motley, Nelson, Powell, Ren-
eau, Ross, Warner, , Waterhouse and Williams—19.
The negative voters were:
Messrs. Peyton and mr. Speaker Turney—2.
So said amendment was adopted by striking out the 11th and 12th
sections of said bill.
Jl/r. Warner moved to amend said bill by adding therelo the following :
Be it enacted, That the children living on the south side of Duck river
in Bedford county, west of a line commencing at Aquilla Jones', including
the children residing on said Jones' place, including Samuel Sutton's plan-
tations, thence to the county line—shall be at liberty to go to the nearest
school house in Marshall county,
Which being read, and the sense of the Senate thereon had, said amend-
ment was rejected,
And said bill as amended was read a third and last time.
The question then recurred upon the passage of said bill, which being
had was determ'med in the affirmative—ayes 18, noes 4.
The affirmative voters were :
Messrs. Bradbury, Foster, Frey, Gardner, Hardwicke, Jennings,
Johnson,Laughlin, Ledbetter, Maclin, Matthews, Miller, Motley, Peyton,
Powell, Ross, Waterhouse and mr. Speaker Turney—18.
The negative voters were :
Messrs. Reneau, Nelson, Warner and Williams—4.
So said bill as amended was passed upon its third and last reading and
ordered to be transmitted to the House of Representatives.
Mr. Hardwicke moved to re-consider the vote of the Senate had upon
the passage of a bill from the House of Representatives to amend an act
entitled an act to establish a system of common schools in the State of
Tennessee, passed 28th January 1840, which motion prevailed.
Mr. Hardwicke moved to re consider the vote of the Senate respecting
448
JOURNAL OF
the amendment offered by mr. Warner to said bill, by adding theielo sec-
tion 13, which motion prevailed.
Mr. Warner moved to amend said bill by adding thereto section 13,
beipg the same amendment previously offered by him, and which was re-
jeeted by a vote of the Senate,
Which being lead, and the sense of the Senate thereon had, said
amendment was adopted.
Which bill as amended was read a third and last time and the question
shall said bill pass, was had and determined in the affirmative—ayes 19,
noes 3.
»The affirmative voters were :
Messrs. Bradbury, Foster, Frey, Gardner, Hardvvicke, Jennings, John-
son, Laughlin, Ledbelter, Maclin, Matthews, Miller, Motley, Peyton,
Powell, Ross, Warner, Waterhouse and mr. Speaker Turney—19.
The negative voters were :
Messrs. Nelson, Reneau and Williams—3.
So said hill as amended was passed upon its third and last reading, and
ordered to be transmitted to the House of Representatives.
Ordered that the clerk acquaint the House of Representatives with
the Senate's amendments to said bill, and ask a concurrence therein.
The Senate, on motion of mr. Nelson, took up and considered a re-
solution by him submitted on yesterday, to amend the 8th section of
the 2d article of the constitution, to limit the duration of the session of
the Legislature, in the greatest length of a session to ninety consecu-
tive dayS,
Wliich being read a first time, and the question, Shall said resolution
be adopted? being had, was determined in the affirmative—ayes 21,
noes 1.
The ayes and nays being demanded,
The affirmative voters were:
Messrs. Bradbury, Foster,' Frey, Gardner, Hardwicke, Jennings,
Johnson, Laughlin, Ledbetter, Maclin, Matthews, Miller, Motley, Nel-
son, Peyton, Powell, Reneau, Warner, Waterhouse, Williams and mr.
Speaker Turney—21.
Mr. Ross voting in the negative.
So said resolution was adopted upon its first reading.
The Senate took lip and considered a bill to regulate the price of
public printing; which bill was read a third and last time, and the
question, Shall said bill pass ? was had and determined in the negative
—-ayes 4, noes 18.
The ayes and noes being demanded,
The affirmative voters were:
Messrs, Gardner, Johnson, Powell and Williams—4.
The negative voters were;
71/essrs. Bradbury, Foster, Frey, Hardwicke, Jennings, Laughlin,
Ledbetter, Maclin, Matthews, Miller, Motley, Nelson, Peyton, Reneau,
Boss, Warner, Waterhouse and mr. Speaker Turney—18.
So said bill was rejected upon its third apd last reading.
The Senate, on motion of mr. Johnson, took lip and considered a
THE SENATE.
449
VnesSage from the House of Representatives, transmitting the non-
concurrence of the House to the amendment of the Senate made to
e bill of the House to authorise thb chancellors to appoint special terms
for holding chancery courts; which being considered by the Senate,
tire Senate adheres to said amendment, and directs that an insisting
message be transmitted to the House.
Ordered that the clerk acquaint the House of Representatives there-
With.
On motion of mr. Turney,
The Senate adjourned until to-morrow morning 9 o'clock.
SATURDAY, JAN. 8, 1842.
The Comptroller of the Treasury heretofore at the present sessioh
of the General Assembly,made the following Report:
[See Appendix.]
Mr. Hardwicke, from the select committee to whom had been rer
ferred a resolution adopted by the. Senate to take into consideration so
much of the Governor's message as relates to the Bank of Tennessee,
and also the report of the President of said bank made to the present
General Assembly—Reports, that said committee have had the same
under consideration, and had instructed him to report a bill to amend
the charter of the Bank of Tennessee, and for other purposes, and to
recommend its passage; which bill was read a first time and passed.
Mr. Gardner returned a bill from the House of Representatives, to
carry into effect an act of Congress passed and approved the 18th day
of February, 1841, authorising the State of Tennessee to perfect titles
to the vacant and unappropriated lands south and west of the Con-
gressional reservation line in this State, by him withdrawn for amend-
ment, with the following amendments: whereupon mr. Gardner moved
to amend said bill, by striking out of 9th line from the top of the 7th
section, after the words "providing said bargain and sale," the words
" or the legal possessor or," and to insert in lieu thereof the word
" andwhich being read, and the sense of the Senate thereon had,
said amendment was adopted.
Mr. Gardner moved further to amend said bill by striking out of the
6th and 7th lines of the 8th section, after the words " allowed them one
year," the words " the opening of said land offices," and insert in
lieu thereof the words " the passage of this actand pending the
consideration of said amendment—on motion of mr. Gardner, the fur-
ther consideration of said bill is made the special order of the day for
Monday next.
On motion of mr. Gardner,
The Senate adjourned until Monday morning 9 o'clock
MONDAY, JAN. 10, 1842.
Mr. Miller asked and obtained leave to withdraw for amendment, a
bill from the House of Representatives to authorise and require the
Entry Taker of the Ocoee District to refund money in certain cases.
31
450
JOURNAL OF
Mr. Sevier presented the petition of Henderson Clark, sheriff of
Dyer county, praying relief in relation to the taxes upon certain lauds
for the year 1838 and 1839; that a law be passed directing and requir-
ing the Comptroller of the Treasury to allow him a credit for the
same; which being read*—on motion of mr. Sevier, said petition was
laid on the table.
A message from the House of Representatives, by mr. Mitchell their
clerk:
Mb. Speaker : The House of Representatives have adopted certain
resolutions, directing the banks in this State to resume specie payments
agreeably to the stipulations and rules laid down in and by said reso-
lutions, which I am directed to transmit to the Senate, and ask a con-
currence therein. And then he withdrew.
Mr. Powell, chairman of the select committee to whom was referred
a resolution adopted by the Senate, to enquire into the expediency and
propriety of so amending the law in relation to the appropriation of
three hundred thousand dollars for the improvement of the navigation
of the rivers in this State, issued, or authorised by law to be issued, to
raise a fund for that purpose, be made to bear an interest of six per
cent, per annum—Reports, that said committee have had the same tin-
der consideration, and have instructed him'to report a bill to amend
tiie rate of interest on the State bonds (known as the river bonds) to
six per cent, per annum, and for other purposes, and with said report,
to recommend the passage of said bill; which bill was read a first
time and passed.
The Senate, on motion of mr. G&rdner, took up the consideration of
a bill from the blouse of Representatives, to carry into effect the act of
Congress passed and approved the 18th day of February, 1S41, an-
thorising the State of Tennessee to perfect titles to the vacant andun-
appropriated lands south and west of the Congressional reservation
line in this State ; which the Senate by a rule had made the order of
the day for this day.
Mr. Gardner then withdrew Ins amendment offered to said bill on
the Sth instant, proposing to strike out of the 8th section, in the 6th
' and 7th lines, after the words "allowed them one year," the words
" the opening of said land offices," and to insert in lieu thereof the
words "the passage of this act."
Mr. Matthews moved to amend the 2d section of said bill; which
he afterwards withdrew.
Mr. Matthews moved to amend the 7th section of said bill in the
7th line ; which he afterwards withdrew.
Mr. Gardner moved to amend said bill by adding thereto the follow-
ing, to-wit:
Sec. 28. Be it enacted, That all, and every person or persons, who
at the passage of this act is an actual bona fide resident upon any v>
cant unappropriated land south and west of the Congressional rescr-
vation line, or who may become such within the further term of four
years thereafter, shall he entitled to an occupant or pre-emption right
in the same manner, and under the same rules and regulations, as other
oceupcluts heretofore provided for by law, and shall be protected in
THE SENATE.
451
their preference of entry as other occupant claimants provided tot in
this and former acts of tiie General Assembly of this State; which be-
ing read, and the question, Shall said amendment be adopted ? being
had, was determined in the affirmative—ayes 18, noes 3.
The ayes and noes being demanded,
The affirmative voters were :
Messrs. Ashe, Bradbury, Frey, Gardner, Hardwicke, Jennings
Johnson, Laughlin, Maclin, Martin, Matthews, Miller, Powell, Reneau,
Sevier, Waterhouse, Williams and mr. Speaker Turney—18.
The negative voters were :
Messrs. Ledbetter, Nelson and Ross—3.
So said amendment was adopted.
Jl/r. Gardner moved further to amend said bill, by adding thereto
the following, to-wit:
Sec. 29. Be it enacted, That in all cases where the real or colorable
owner of any smalt tract of land by deed, grant or entry may hereto-
fore have had, or may hereafter have, an extension run out and at-
tached to the same under the occupant laws of this State, which ex-
tension, at the time it was or shall be made, did or shall interfere with
the land intended to be appropriated by any bona fide resident settler
upon the adjoining vacant land, who was living on the same at the
time such extension was made, or whether such pre-emptioner's claim
had or had not been surveyed and represented by entry or plat in the
office of the county Entry Taker, sucli extension shall not prevent such
settler frohi having his claim surveyed as he originally contemplated,
butlie shall have the further time of two years in which to have such
survey made and returned to the proper office; and in case any dis~
pute shall arise between' such claimants as to their contlicting prefer- .
encCs of entry, the same shall be settled in the manner herein provided
for in other cases; which being read and considered by the Senate, and
the question, Shall said amendment be adopted? being had, was de-
termined in the affirmative—ayes 21, hoes 2,
The ayes and noes being demanded,
The affirmative voters were :
Messrs. Ashe, Bradbury, Foster, Frey, Gardner, Hardwicke, Jen-
nings, Johnson, Laughlin, Maclin, Martin, Matthews, Miller, Powell,
Reneau, Ross, Sevier, Warner, Waterhouse, Williams and mr. Speaker
Turney—21.
The negative voters were:
Messrs. Ledbetter and Nelson—2. '
So said amendment was adopted.
Mr. Gardner moved further to amend said bill, by adding thereto
the following:
' Sec. 29. Be it enacted, That in case the real owner or owners of
any land warrant or warrants, have heretofore made, or shall hereafter
make a merely tolerable transfer, without a good consideration of all,
or any part of such land warrant or warrants, to any other person or
persons, with a view to enter the same, and attach an extension there-
to, for the benefit of the real owner or owners of such warrant, under
the occupant laws of this State, the real owner or owners, at the time
452
JOURNAL OP
of such entry and extension, not having the right to make the same in
his, her or their own name, the same shall be declared void, by any
court in this State of competent jurisdiction, upon the application of
any person interested, or who may hereafter become interested, in such
vacant land, by occupant entry or otherwise, and the land shall be de-
creed to the subsequent enterer, provided he brings himself within the
meaning, spirit and provisions of this or any former occupant law of
this State; which being read, and the sense of the Senate thereon had,
said amendment was adopted.
Mr. Gardner moved further to vmend said bill by adding thereto the
following, to-wit:
Sec. 30. Be it enacted, That hereafter it shall not be lawful for any
of the surveyors south and west of the Congressional reservation line,
to survey an extension to any small tract of land, held by deed, grant
or entry, until the owner or claimant of such small tract shall have
first made an affidavit in writing, .before some justice of the peace in
the county where the land lies, that he is the actual bona fide owner
of said small tract of land, and is alone interested in the extension
which he desires to make thereto. And any extension tun out contra-
ry to, or in violation of the provisions of this section, are hereby de-
clared to be null and void to all intents and purposes; which being
read, and the sense of the Senate thereon had, was adopted.
Mr. Matthews moved to amend the second section of said bill by in-
serting therein after the words "and remain open for," the word "occu-
pant,"
Which being read, and the senseof the Senate thereon had, said amend-
ment was rejected.
Mr. Matthews moved further to amend said bill by adding thereto tire
following, to wit:
Sec. 31. Be it enacted, That nothing in this act shall be so construed
as to allow the division of land warrants into small entries,, unless such
division shall be for the benefit of the occupant entries,
Which being read, and considered of by the Senate, and the question
shall said amendment be adopted, being had, was determined in tbenega-
tive—ayes 5, noes 18.
The ayes and noes being demanded,
The affirmative voters were :
Messrs. Johnson, Martin, Matthews, Miller and Waterhouse—5.
The negative voters were :
Messrs. Ashe, Bradbury, Foster, Frey,Gardner, Hardwicke, Jennings,
Laughlin, Ledbetter, Maclin, Nelson, JPeyton, Powell, Reneau, Ross,
Warner, Williams and mr. Speaker Turney—18.
So said amendment was rejected
And said bill as amended was read a third and last time and the question
recurring on the passage of said bill was had, and determined in the
affirmative—ayes 24, noes none.
The affirmative voters were :
Messrs. Ashe, Bradbury, Foster, Frey, Gardner, Hardwicke, Jennings,
Johnson, Laughlin, Ledbetter, Maclin, Martin, Matthews, Miller, Nelson,
THE SENATE.
453
Peyton, Powell, Reneau, Ross, Sevier, Warner, Waterhouse, Williams
and mr. Speaker Turney—24.
The negative voters, none.
So said bill as amended was passed upon its third and last reading, and
ordered to be transmitted to the House of Representatives,
Ordered that the clerk acquaint the House with the amendments
made by the Senate to said bill, and ask a concurrence therein.
On motion of mr. Bradbury,
The Senate adjourned until 2 o'clock, p. m.
evening session.
A message from the House of Representatives by mr. Mitchell their
Clerk:
Jl/r. Speaker : The Speaker of the House of Representatives did
this day sign the following entitled resolutions, and the following entitled
acts, to wit:
A resolution to amend the fourth section of the tenth article of the
constititution of this State, so that the. counties of Bledsoe and Marion
shall come under the general provisions of the constitution in forming new
counties.
A resolution dividing the county of Perry, making Tennessee river the
county line.
" An act to make compensation to Robert Tunnell, late surveyor of
the Hiwassee district—and then he withdrew.
Whereupon the Speaker of the Senate did sign said several enrolled
resolutions, and enrolled act, and ordered that the same he transmitted to
the House of Representatives for further action of the House thereupon
to be had.
The Senate on motion of mr. Reneau took up and considered a bill to
encourage domestic manufactures, when on motion of mr. Reneau, the
further consideration of said bill is made the special order of the day for
to-morrow.
The Senate on motion of mr. Ashe, took up and considered a bill to
make provision for the Supreme court of errors and appeals,*
Which being read, mr. Warner moved to amend said bill by striking
out the words " twenty-five hundred," and to insert in lieu thereof the
words " two thousand,"
Which being read, and considered of by the Senate, and the question
shall said amendment be adopted was had, and determined in the affirma-
tive—ayes 18, noes 5.
The ayes and nays being demanded,
The affirmative voters were :
Messrs. Bradbury, Frey, Gardner, Hardwicke, Johnson, Laughlin,
Ledbetter,.Martin, Matthews, Miller, Nelson, Peyton, Powell, Reneau,
Warner, Waterhouse, Williams and mr. Speaker Turney—18.
The negative voters were:
Messrs. Ashe, Foster, Jennings, Maclin and Ross—5.
So said amendment was adopted.
45 f
JOURNAL OF
Mr. Martin moved to amend said bill by striking out after the words
ucompensation for their services," the word "two" and insert in lieu
thereof tWe word " three," which amendment so offered, mr. Martin af-
terwards withdrew.
And said bill as amended was read a second time, and the question re-
curring upon the passage of said bill was had, and determined in the af-
firmative—ayes 12, noes 11.
The ayes aqd noes being demanded,
The affirmative voters were:
Messrs. Ashd, Foster, Hardwicke, Jennings, Laughlin, Lcdbetter,
Maclin, Martin, R'oss, Warner, Williams, and mr. Speaker Tumey—12.
The negative voters were:
Messrs. Bradbury, Frey, Gardner, Johnson, Matthews, Miller, Neb
son, Peyton, Powell, Reneau and Waterhouse—11.
So said bill was passed upon its second reading.
■Mr. Miller returned a bill from the House of Representatives to author-
ise the Entry taker of the Ocoee district to refund money in certain
cases, by him withdrawn for* amendment, without amendment; and on
motion of mr. Miller, said bill was laid on the table.
The Senate took up and considered a bill from the House of Repre'-
sentatives, to amend the first section of the actol 1839-40, chapter ex-
empting Registers from military duty,
Ordered that said bill be transmitted to the House of Representatives,
and that the clerk acquaint the House therewith.
The Senate took up and considered a bill from the House of Repre-
sentatives to amend an act to prevent frauds in entering and selling lauds
previously appropriated, passed 29th January 1840, chapter 128,
Which bill was read a second time, and rejected.
Ordered that said bill be transmitted to the House of Representatives,
and that the clerk acquaint the House therewith.
The Senate took up and considered a bill from the House of Repre-
sentatives to authorise David Smith to-open a Turnpike road,
Which was read a second time and passed.
The Senate took up and considered a bill from the House of Repre-
sentatives to amend the laws in relation to appeals and writs of error,
Which hill was read a second time and passed.
The Senate took up and considered a bill from the House ofRepresen-
tatives to extend the time for the return of executions issued by Justices
of the peace, and for other purposes; mr. Foster moved to amend said
bill by striking out the first section thereof, as follows :
Sec. 1. That on all judgments hereafter to be rendered by Justices of
the peace in this State, the constable or any other legal officer in whose
hands execution founded on such judgments shall be placed, shall have
sixty days within which to return the same, and shall not be liable to a
motion or other proceedings against him for a failure to return his execu-
lion, until the expiration of that length of time from its issuance,any law
to the contrary notwithstanding.
Which being read, and the question, Shall said amendment he
THE SENATE.
455
adopted? was had and determined in the affirmative—ayes 13—nays
S.
The ayes and noes being demanded by mr. Ledbetter,
The affirmative voters were:
Messrs. Foster, Frey, Hardwicke, Johnson, Martin, Matthews, NeL-
son, Peyton, Powell, Ross, Warner, Waterhouse and Williams—13.
The negative voters were:
Messrs. Ashe, Bradbury, Jennings, Laughlin, Ledbetter, Maclin,
Reneau, and mr. Speaker Turney—8.
So said amendment by striking out the first section of said bill was
adopted.
Mr. Turney moved to amend said bill by adding thereto, the follow-
iug, to-wit:
Sec. 6. Be it enacted, That hereafter all executions issued from
judgments of justices of the peace shall be a lien upon the property of
the defendants from the time of its issuance.
Which beiug read, mr. Turney asked and obtained leave to with-
draw said amendment.
Mr. Peyton moved a re-consideration of the vote amending said
bill by striking out the first section.
Mr. Turney moved to amend said bill by adding thereto the follow-
ing, to-wit:
Sec. 6. Be it enacted, That in all cases where an execution issued
by a justice of the peace shall be levied upon the property of the de-
fendant, such levy shall be superior to the lien of any judgment in
the courts of record, so that the first levy shall hold the property, with-
out regard to the jurisdiction rendering the same.
Which being read, mr. Nelson moved to lay said amendment on
the table, and the question thereon being had, was determined in the
negative—ayes 10—noes 11.
The ayes and noes being demanded by mr. Turney,
The affirmative voters were; *
Messrs. Bradbury, Foster, Frey, Gardner, Laughlin, Ledbetter,
Matthews, Nelson, Peyton, and Ross—10.
The negative Voters were :
Messrs. Hardwicke, Jennings, Johnson, Maclin, Martin, Powell, Re-
neau, Warner, Waterhouse, Williams, and mr. Speaker Turney—11.
So said motion to lay said amendment on the table was rejected.
Mr. Warner offered the following amendment to said bill in lieu of
the second amendment thereto offered by mr. Turney, which amehd-
ment is as follows, to-wit:
Sec. 6. Be if enacted,# That in all cases hereafter where an execu-
tion shall be issued on a' bona fide judgment, and the same shall be
levied on any property, the levy first made shall be first satisfied,
whether said execution issued from a court of record or by a justice
of the peace.
Which being read, mr. Turney accepts said amendment in lieu of
his said second amendment offered to said bill, and the question recur-
ring upon the adoption of said amendment being had, was determin-
edin the affirmative—ayes 11—nays 10.
45S
JOURNAL OF
The ayes and noes being demanded,
The affirmative voters were:
Messrs. Hardwicke, Johnson, Maclin, Martin, Matthews, Powell, Re-
nean, Warner, Waterhouse, Williams, and mr. Speaker Turney—11.
The negative voters were:
il/essrs. Bradbury, Foster, Frey, Gardner, Jennings, Laughlin, Led-
better, Nelsop, Peyton and Ross—10.
So said amendment was adopted in lieu of the second amendment
offered by mr. Turney to said bill.
Mr. Reneau moved a re-consideration of the vote of the Senate
adopting the amendment offered by mr. Warner, in lieu of the second
amendment offered bymr. Turney to said bill.
On motion of mr. Nelson,
The Senate adjourned until to-morrow morning 9 o'clock.
TUESDAY, JAN. 11, 1S42.
A message from the House of Representatives, by mr. Mitchell, their
clerk:
Mr. Speaker: The House of Representatives has adopted areso-
lution proposing to adjourn the present session of the General Assem-
bly sine die on the 24th January, 1842.
And then he withdrew.
Mr. Hardwicke in the chair, the Senate took up and considered the
unfinished business of yesterday, being a bill from the House of Rep-
resentatives to extend the time for the return of executions issued by
justices of the peace, and for other purposes.
The question recurring upon the motion of mr. Peyton to re-con-
sidcr the vote of the Senate of yesterday, amending said bill by strik-
ing out the first, section of said bill, being considered, and the sense of
the Senate thereon had, said motion prevailed, and said section so
stricken out was thereupon reinstated in said bill.
Mr. Laughlin moved to amend the first section of said bill by add-
ing thereto the following:
Provided, That in all cases where any sheriff or constable shall
have collected money on any justice's execution, he shall forthwith be
liable to be moved against by the plaintiff on refusal to pay it over in
ten days after demand made.
Which being read and considered by the Senate, said amendment
was adopted.
The question then recurred upon the motion of mr. Reneau to re-
consider the vote of the Senate on yesterday, adopting the amendment
offered by mr. Warner in lieu of the second amendment proposed by
mr. Turney to said bill—which being considered, and the sense of the
Senate thereon had, said motion to re-consider the adoption of said
amendment was rejected.
Which bill as amended was read a second time, and the question re-
curring upon the passage of said bill—when mr. Turney moved to
pass upon and consider said bill upon its second reading section by
section.
THE SENATE.
457
Mr. Ross moved, to postpone said bill indefinitely, and, the question,
Shall said hill be postponed indefinitely? being had, was determined
in the affirmative—ayes 14—nays 11.
The ayes and noes being demanded,
The affirmative voters were :
Messrs. Foster, Frey, Gardner, Jennings, Johnson, Ledbetter, Mar-
tin, Matthews, Miller, Motley, Nelson, Powell, Ross, and Sevier—14.
The negative voters were:
il/essrs. Ashe, Bradbury, Hardwicke, Laughlin, Maclin, Peyton, Re-
neau, Warner, Waterhouse, Williams, and mr. Speaker Turncy—11.
So said bill was indefinitely postponed upon its second reading.
Ordered that said bill be transmitted to the House of Represeiffa-
tives, and that the clerk announce to the House the rejection of said
bilk
The Senate, on motion of mr. Ledbetter, took up and considered a
message from the House of Representatives transmitting a resolution
adopted by the House, proposing that the General Assembly adjourn
sine die on Monday, the 24th instant.
Which being read, mr. Jennings moved to amend said resolution by
striking out " Monday the 24th instant," and insert in lieu thereof the
words " first .Monday of February next."
Mr. Martin moved to lay said message on the table, and the qnes-
tion thereon being had was determined in the affirmative—ayes 13—
nays 12.
The ayes and noes being demanded,
The affirmative voters were :
il/essrs. Gardner, Hardwicke, Jennings, Laughlin, il/aclin, Martip,
il/atthews, il/iller, Powell, Ross, Waterhouse, Warner and mr. Sp eak-
er Turney—13.
The negative voters were :
il/essrs. Ashe, Bradbury, Foster, Frey, Johnson, Ledbetter, Motley,
Nelson, Peyton, Reneau, Sevier, and Williams—12.
So said resolution was laid on tlie table.
il/r. Waterhouse submitte I the fallowing:
Resolved, That hereafter the Senate shall hold night sessions, com-
mencing at 6 o'clock and continuing until 9 o'clock.
"Which being read, was laid on the table.
Mr. Ross introduced a bill to amend the laws regulating divorces.
Which bill was read a first time and passed.
il/r. Frey in the chair,
A message from the House of Representatives, by mr. Mitchell, their
clerk:
Mr. Speaker : The House of Representatives have taken up and
considered the amendments of the Senate to the bill from the House,
to carry into effect an act of Congress, passed and approved the isih.
day of February, 1841, authorizing the State of Tennessee to perfect
titles to the vacant and unappropriated lands south and west of the
congressional reservation line in this State—which amendments of the
Senate are severally concurred in by the House of Representatives,
with amendments thereto herewith transmitted, and are as follows^ tb-
458
JOURNAL OF
wit; 1st. at the end of the 25th section, Provided, i\iat the citizens
of the county of Perry and Hardin shall have the option of getting
their grants either from the Register of Middle Tennessee or of the
Register Of the Western District. 2d, Insert the word " claims" a£-
ter the word " occupant," at the end of the 11th line of the 26th sec-
tion.
In which the House of Representatives ask the concurrence of the
Senate.
And then he withdrew.
In which amendments of the House of Representatives the Senate
concur.
Ordered that said concurrence be transmitted to the House of Rep-
resentatives.
The Senate, on motion of mr. Nelson, took up and considered a reso-
lution by him submitted on the 6th instant, proposing to amend the
8th section of the 2d article of the Constitution of the State of Ten-
nessee to limit the duration of the sessions of the Legislature, by add-
ing to the eighth section of the second article of the Constitution the
words, " and may continue in session ninety consecutive days, and
no longer."
Which being read a second time, and the question upon the adop-
tion of said resolution being had, was determined in the affirmative
—ayes 19, noes 4.
The ayes and noes being demanded,
The affirmative voters were:
Messrs. Ashe, Bradbury, Foster, Frey, Gardner, Hardwicke, Jen-
rungs, Johnson, Matthews, JUiller, Motley, Nelson, Peyton, Powell,
Reneau, Sevier, Warner, Waterhouse, and mr. Speaker Turney—19.
The negative voters were :
Messrs. Ma din, J/artin, Ross, and Williams—4.
So said resolution was adopted upon its second reading.
The S nate, on motion of mr. Powell, took up and considered a
bill to increase the rate of interest on the State bonds (known as the
River bonds) to six per centum per annum, and for other purposes.
Whit.h bill was read a second time and passed.
J/r. Jennings introduced a bill to improve the condition of the
Union Bank of Tennessee, and to reduce the debt of the State.
Which bill was read a first time and passed.
On motion of mr. Warner, leave is given him to withdraw sundry
petition" from the Senatorial district by him represented, presented to
this General Assembly in relation to the tippling act.
The Senate, on motion of mr. Reneau, took up and considered a
message from the House of Representatives, transmitting a resolution
adopted by the House, proposing that the Senate meet the House of
Representatives in their Hall on Thursday the 13th instant, at 11
o'clock, a. m., for the purpose of electing two Senators to thd Con-
gress of the United States—one for the term of six years from the 4th
of March last, and the other to fill the vacancy occasioned by the
death of the Hon. Felix Grundy, deceased—and a State Treasurer and
Comptroller of the Treasury.
THE SENATE.
45A
Which being read, and the question, Will the Senate concur in said
resolution? being had, was determined in the negative—ayes 12—
nays 13.
The ayes and nays being demanded,
The affirmative voters were:
Messrs. Ashej Bradbury, Foster, Frey, Jennings, Ledbetter, Mot-
ley, Nelson, Peyton, Reneau, Sevier, and Williams—12.
The negative voters were:
Messrs. Gardner, Hardwicke, Johnson. Laughlin, Maclin, Martin,.
Mitthews, Miller, Powell, Ross, Warner, Waterhouse,andmr. Speaker
Turney—13.
So said resolution was non-concurred in.
. Ordered that the clerk transmit said resolution to the House of Rep-
resentatives and announce to the House that the Senate non-concur
therein.
The Senate, on motion of mr. Turney, took up and considered a
resolution by him submitted on the 3d instant, proposing to amend the
2d section of the 6th article of the Constitution of the State of Ten-
nessee, that the Supreme Court may be held at one place in the Moun-
tain District, in addition to the places now to be held.
Which resolution was read a second time, and the question, Shall
said resolution be adopted ? being had, was determined in the affinna-
tive—ayes 14—nays 11.
The ayes and noes being demanded,
The affirmative voters were :
Messrs. Bradbury, Gardner, Hardwicke, Jennings, Johnson, Laugh-
iin, Maclin, Matthews, Powell, Reneau, Ross, Warder, Waterhouse
and mr. Speaker Turney—14.
The negative voters were :
Messrs. Ashe, Foster, Frey, Ledbetter, Martin, Miller, Motley, NeL
son, Peyton, Sevier, and Williams—11.
So said resolution was adopted on its second reading.
The Senate, on motion of mr. Reneau, took up and considered a
bill to encourage domestic manufactures—which hill, by a rule of the
Senate was made a special order of the day for this day—which bill
as amended, was read a third and last time, when mr. Waterhouse
asked and obtained leave to withdraw said bill for amendment, which
he afterwards declined withdrawing.
The question then recurred upon the passage of said bill, which
being had, was determined in the affirmative—ayes 14—nays 10.
The ayes and noes being demanded,
The affirmative voters were :
Messrs. Bradbury, Foster, Frey, Gardner, Jennings, Maclin, Miller,
Nelson, Peyton, Powell, Reneau, Sevier, Williams and mr. Speaker
Turney—14.
The negative voters were :
Messrs. Hardwicke, Johnson, Laughlin, Ledbetter, Martin, Mat-
thews, Motley, Ross, Warner, and Waterhouse—10.
So said bill was passed as amended upon its third and last reading—-
46a
JOURNAL OF
was ordered to be engrossed and transmitted to the House of Repre-
sentatives.
The Senate, on motion of mr. Foster, took up and considered a bill
for the relief of the Nashville, Jl/urfreesborough and Shelbyville
Turnpike Company.
Which bill was read a second time, when mr. Jlliller moved to
amend said bill by adding thereto the following, to-wit;
Sec. 4. Be it enacted, That three hundred thousand dollars of
bonds be issued to the Hiwassee Rail Road, in addition to the sums
heretofore appropriated.
Which being read, 011 motion of mr. Ledbetter, said bill, with the
proposed amendment, was laid on the table.
The Senate, on motion of mr. Laughlin, took up and considered a
message from the House of Representatives, transmitting a resolution
adopted by the House requiring the Banks. within the State of Ten-
nessee to resume specie payments on or before the first day of July
next, and for other purposes.
Which being read, mr. Turney moved to amend the 4th resolution
to words " first of July," where the same occurs in said resolution,
and insert in lieu thereof, "first of December," and demanded the
ayes and nays upou the adoption of said amendment—and pending
the consideration thereof,
Mr. Foster moved that the Senate adjourn until to-morrow morn-
"ing, 9 o'clock.
Mr. Warner moved that the Senate adjourn'until 6 o'clock this
evening.
Mr. Foster's motion prevailing,
The Senate adjourned until to-morrow morning 9 o'clock.
WEDNESDAY, JAN. 12, 1842.
Jlr. Maclin presented the petition of sundry citizens of Fayette and
Shelby counties, praying that a new county be created, to betaken from
the counties of Fayette and Shelby,
"U hich being read, was on motion of mr. Maclin referred to the com-
mittee of New counties and county lines.
Mr. Pe)ton, chairman of the committee on New counties and county
lines, to whom had been referred a bill to alter and make certain the lines
between Wilson, Cannon and DeKalb counties—Reports, that said com-
mittee have had the same under consideration, and think its provisions
proper and reasonable, that said committee had instructed him to report
said bill and to recommend its passage,
Which bill was read a second time and passed.
Mr. Hardwicke submitted the following:
Resolved, by the General Assembly of the State of Tcnnes-
nee, That the Senate meet the House of Representatives in their Hall on
the instant, to elect a Comptroller and Treasurer, for the next two
years for this State,
Which being read, was laid on the table.
THE SENATE.
461
The Senate took up and considered a bill to amend the laws regulating
divorces,
Which bill was read a second time and passed.
The Senate on motion of mr. Kelson, took up and considered a bill to
regulate the fees of Attorneys General in certain cases,
" Which bill was read a second time and passed.
Mr. Williams introduced a bill to amend the charter of Piles'Turn*
pike,
Which bill was read a first time and passed.
Mr, Maclin introduced a bill to amend the act of 1835, chapter 11,
section 1, providing for the appointment of Notarys public,
Which bill was read a first time and passed.
The Senate on motion of mr. Waterhouse, took up and considered a
bill to establish a branch of the Bank of Tennessee at Chattanooga, in
the county of Hamilton,
Which was read a third and last time, and the question shall said bill
pass was had and determined in the negative—ayes 11, noes 13.
The affirmative voters were i
Messrs. Bradbury, Foster, Gardner, Hardwicke, Jennings, Johnson,
Laughlin, Maclin, Powell, Reneau and Walerbouse-—11.
The negative voters were:
Messrs. Ashe, Frey, Ledbetter, Martin, Matthews, Miller, Motley, Nel-
son, Peyton, Ross, Sevier, Williams and mr. Speaker Turney—13.
So said bill was rejected on its third and last reading.
. Mr. Hardwicke in the chair, the Senate took up and considered a bill
for the amendment of the criminal law and for other purposes,
Which bill was read a second time, when mr. Gardner moved to
amend said bill, by striking out after the words " proceedings of said
court" in the 10th line of the first section the following "and to advise
in reference to all the entries which may be required to be made during
the term,"
Which being read, and the sense of the Senate thereon bad, said amend-
ment was adopted.
Mr. Gardner moved further to amend said bill by striking out the Sth
section as follows :
Sec. 8. Be it enacted, That in all State cases the Supreme court
where the defendant in the Circuit court has been duly convicted on the
facts by a Jury, no objection to the caption shall be regarded as a just
cause of reversal in the Supreme court, unless such objection shall have
been brought to the consideration of the Circuit Judge, by plea, motion
or otherwise,"
Which being read, and the sense of the Senate thereon had, said amend-
ment was adopted.
And said bill as amended was read a second time and passed.
Mr. Turney moved a re-consideration of the vote of the Senate, reject-
ing a bill to establish a branch of the Bank of Tennessee, at Chattanooga,
in Hamilton county.
Mr. Ledbetter moved the re-consideration of the vote of the Senate of
yesterday, indefinitely postponing a bill from the House of Represents
462
JOURNAL OF
lives to eztend the time for the retu rn of executions, issued by Justices of
the peace, and for other purposes.
The Senate on motion of mr, Nelson, took np and considered a motion
made to re-consider the vote of the Senate rejecting a bill to prescribe
the mode of electing Senators in Congress, rejected on its second reading
on the 16th December last; and the question will the Senate re-consider
flie vote rejecting said bill, .was had and determined in the negative—ayes
12, noes 12.
The ayes and nays being demanded by mr. Nelson*
The alfirn ative voters were:
Messrs. Ashe, Bradbury, Foster, Frey, Jennings, Ledbetter, mot>-
ley, Nelson, Peyton, Reneau, Sevier and Williams—12.
The negative voters were:
Messrs. Gardner, Hardwicke, Johnson, Maclin, Martin, Matthews,
Miller, Powell, Ross, Warner, Waterhouse and mr. Speaker Tur-
ncy—12.
So said motion to re-consider the vote of the Senate rejecting said bill
was rejected.
On motion of mr. Gardner, the committee on the Jud'ciary from the
further consideiation of a bill to amend the act of 1535, chapter 15, are
discharged. '
The Senate on motion of mr. Gardner, took up and considered a bill to
amend the act of 1835, chapter 15.
Which bill as amended was read a third time, when mr. Turney offep-
ed the following amendment in lieu of the whole bill after the enacting
clause, to wit:
That in all cases hereafter, where land shall be sold for the taxes, due
thereon, according to the provisions of the act of 1835, chapter 15, such
sale shall be good and effectual to pass the title thereof to the purchaser,
Provided, in the sale and other proceedings, the provisions of the said act
fcliall have been substantially complied with.
Sec. 2. Be it enacted, That it shall not hereafter be lawful for any
original owner or claimant of any land which may have been sold for
fhe taxes, or any person holding^ uilder him, to commence and prose-
cute any suit, either in law or equity, in any of the courts of this State,
for the recovery of any land sold as aforesaid, unless he shall first pay
or tender to the purchaser or purchasers of such land, the full amount
of tax, costs, charges, and also the charges of procuring a deed there-
for, with twenty per cent, interest thereon from the day of sale, and
the purchaser shall have a lien for the same upon the land, notwith-
standing any defect or informality in the sale ; which being read, mr.
Foster moved to amend said amendment by adding thereto the follow-
ing: " Provided, the tax for which said land was condemned and sold
was legally due and assessedwhich being read, and the sense of
the Senate thereon had, said amendment was adopted.
Mr. Foster moved the further amendment thereto as follows ; " Pro-
vided, femes covert and minors, and insane persons, may have three
years wherein to redeem said land from the purchaser or his assignee,
THE SENATE.
463
upon the tax with twenty per cent, thereonwhich being read, and
the sense of the Senate thereon had, said amendment was adopted.
Mr. Foster moved are-consideration of the vote adopting the second
amendment, to the amendment offered by mr. Turney; which motion
to re-consider mr. Foster afterwards withdrew,.
The question then recurred upon the adoption of the amendment
offered by mr. Turney as amended; which being read, was determine
ed in the negative—ayes 11, noes 13.
The ayes and noes being demanded,
The affirmative voters were:
Messrs. Foster, Frey, Gardner, Hardwicke, Jennings, Nelson, Pow-
eil, Reneau, Sevier, Williams and mr. Speaker Turney—11.
The negative voters were r
Messrs. Ashe, Bradbury, Johnson, Ledbetter, Maclin, Martin, Mat-
thews, A/Iller, JUotley, Peyton, Ross, Warner and Waterhouse—13.
So said amendment was rejected.
And said bill, as amended, was read a third and last time, and the
question, Shall said bill pass ? was had and determined in the negative
—ayes 4, noes 19.
The ayes and noes being demanded,
The affirmative voters were:
Messrs. Gardner, Hardwicke, Maclin and Sevier—4.
The negative voters were :
il/essrs. Ashe, Bradbury, Foster, Frey, Jennings, Johnson, Ledbetter,,
Jflartin, Matthews, Miller, Motley, Nelson, Powell, Reneau, Ross, War-
ner, Waterhouse, Williams andmr. Speaker Turney—19.
So said bill, as amended, was rejected upon its third and last readk
in g. "
The Senate, on motion of mr. Turney, took up the unfinished busi-
ness of yesterday, being a message from the House of Representa-
tives, transmitting certain resolutions adopted by the House, requiring
the banks within the State of Tennessee to resume specie payments on
the first of July next, and for other purposes.
Mr. Turney moved to lay said resolutions on the table.
Mr. Turney withdrew his motion to lay said resolutions on the ta-
ble.
Mr. Warner moved a concurrence in said resolutions.
Mi. Turney then renewed the motion by him made on yesterday
to amend the 4th resolution, by striking out the words "July, 1842/'
wherever the same occur in said resolution, and insert in lieu thereof
" December, 1S42."
Mr. Turney then moved to lay said resolutions on the table until
the first day of December, 1842.
Mr. Powell moved that the Senate do adjourn until 2 o'clock, p. m.,
and the question thereupon being had, was determined in the negative
—ayes 6, noes 19.
The ayes and noes being demanded,
The affirmative voters were :
Messrs. Ashe, Hardwicke, Maclin, Jl/artip, Powell and Williams—6'.
The negative voters were :
Messrs. Bradbury, Foster, Frey, Gardner, Jennings, Johnson? Laugh-
JOURNAL OF
lin, Ledbetter, Matthews, Miller, Motley, Nelson, Peyton, Reneau,Rosa,
Sevier, Warner, Waterhouse and mr. Speaker Turney—19.
So said motion to adjourn was rejected.
The question then recurred upon the motion of mr. Turney to lay
said resolutions on the table until the 1st day of December next, which,
being had, was determined in the negative—ayes 12, noes 13.
The ayes and noes being demanded,
The affirmative voters were:
il/essrs. Bradbury, Foster, Frey, Jennings, Ledbetter, Miller, Mot-
ley, Nelson, Peyton, Reneau, Sevier and mr. Speaker Turney—12.
The negative voters were t
Messrs. Ashe, Gardner, Hardwiclie, Johnson, Laughlin, Maclin,
Martin, Matthews, Powell, Ross, Warner, Waterhouse and Williams
—13.
So said motion to lay said resolutions on the table until the 1st day
<*f December next, was rejected.
Mr. Maclin moved to amend the third resolution, by adding thereto
the following, to-wit:
Provided, That nothing herein contained shall be so construed as to
make it the duty of the solicitor of the 11th solicitorial district to ap-
ply for a scire facias against the Farmers' and Merchants' Bank of
Memphis, until the Attorney General for the State shall have first ob-
tained a scire facias against the Union Bank of Tennessee, and tire
Planters' Bank of Tennessee 5 which being read, and the sense of tho
Senate thereon had, said amendment was adopted.
Mr. Williams moved to amend the fifth and last resolution, by in-
serting therein after the words "Bank of .Memphis," the words "or
either of them j" which being read and considered by the Senate, said
amendment was adopted.
On motion of mr. Bradbury,
The Senate adjourned until 2 o'clock, p. m.
evening session.
The Senate, on motion of mr. Waterhouse, took up and considered
a resolution by him submitted on yesterday, proposing that the Senate
hold night sessions, by sitting from 6 o'clock until 9 o'clock in the
evening.
Which being read, mr. Ledbetter moved to amend said resolution,
by adding thereto the following, to-wit:
Resolved further, That the two. Houses of the General Assemby
will adjourn sine die on Monday, the 24th inst.
Which being read, mr. Waterhouse moved to lay said amendment
on the table.
Mr. Nelson moved to lay said resolution and amendment on the
table, and the question thereon being had, was determined in the af-
Urinative—ayes 13—nays 10.
The ayes and noes being demanded by mr. Waterhouse,
The affirmative voters were:
•Messrs. Bradbury, Foster, Frey, Maclin, Martin, Matthews, Miller,
THE SENATE.
465
Motley, Nelson, Peyton, Rcuoau, Sevier, and mr. Speaker Turney—13.
The negative voters were :
Messrs. Ashe, Gardner, Ilardwicke, Johnson, Laughiin, Ledbetter,
Powell, Ross, Waterhouse, and Williams—10.
So said motion to lay said resolution aud amendment on the table
prevailed.
•dir. Ilardwicke in the chair, the Senate resumed the unfinished bu-
sinoss of the morning, being the consideration of the message from
the lion-le of Representatives, transmitting sundry resolutions adopt-
ed by the House, requiring the Hanks within the State of Tennessee
to resume specie payments on the first day of July next, and asking
the concurrence of the Senate therein.
When mr, Foster offered an amendment to the-fourth resolution, in
lieu of the amendment offered by mr. Turney, as follows:
After the words "before the lirst day of," strike out the ^word
"'July" aud insert "January," after the words "in the year," strike
out the figures " 1S42" and insert in lieu thereof the figures " 1843,P
and the following words: " but if the Banks of Louisiana and Ken-
tucky shall resume specie payments before the first day of January,
1843, then the several Banks in this State shall resume within twenty
days from the time of resumption by the said Banks of Kentucky and
Louisiana.
Which being read, and the question upon the adoption of said
amendment being had, was determined in the affirmative—ayes 13—-
nays 12.
The ayes and noes being demanded,
The affirmative voters were :
J\Iqssrs. Bradbury, Foster, Frey, Jennings, Ledbetter, Martin, il/il-
ler, Motley, Nelson, Peyton, Reneau, Sevier, and mr. Speaker Tur-
ney—13.
The negative voters were:
Messrs. Ashe, Gardner, Ilardwicke, Johnson, Laughiin, Maclin,
Matthews, Powell, Ross, Warner, Waterhouse, and Williams—12.
So said amendment was adopted.
Mr. Foster moved further to amend the 4th resolution by striking out
of the eighth line the word "July "and to insert in lieu thereof the
word " January," and by striking out of the ninth line the figures "1842 "
and inscet in lieu thereof the figures " 1843,"
Which being read, and the question shall said amendment be adopted
being had, was determined in the affirmative—ayes 13, noes 12.
The ayes aud noes being demanded,
The affirmative voters were :
M ssrs. Bradbury, Foster, Frey, Jennings, Ledbetter, Martin, Mil-
ler, J/otley, Nelson, Peyton, Reneau, Sevier and mr. Speaker Tur-
ney—13.
Th negative voters were :
M./.srs. Ashe, Gardner, Ilardwicke, Johnson, Laughiin, Maclin,
Matthews, Powell, Ross, Warner, Waterhouse and )Villiahis—12.
Sw cud amendment was adopted.
Mr. Williams moved to amend the 5th and last resolution by inserting
32
466
JOURNAL OF
therein after the words "Planters' Bank of Tennessee," the words " or
either of them," and to strike out the words "Farmers' and Merchants'
Bank of Memphis,"
Which being read, and the sense of the Senate thereon had, said amend-
ment was adopted.
My. Johnson moved to amend said resolutions by prefixing thereto the
following caption, " a resolution to authorise the Banks to swindle the
people,"
Which being read, and the question shall said amendment be adopted,
being had, was determined in the negative—ayes 2, noes 21.
The ayes and noes being demanded,
The affirmative voters were :
Messrs. Johnson and Nelson-—2.
The negative voters were:
Messrs. Ashe, Bradbury, Foster, Frey, Gardner, Hardwicke, Jen-
nings, Laughlin, Ledbetter, jviaclin, Martin, Matthews, Miller, Motley,
Peyton, Reneau,Ross, Sevier, Waterhouse, Williams and mr. Speaker
Turney—21.
So said amendment was rejected.
Mi. Williams move'd to lay said resolution on the table—and the
question thereon being had, was determined in the affirmative—ayes
13—nays 12.
The ayes and noes being demanded,
The affirmative voters were :
Messrs. AShe, Gardner, Hardwicke, Johnson, Laughlin, Ledbetter,
Maclin, Matthews, Powell, Ross, Warner, Waterhouse, and Williams
—13.
The negative voters were:
il/essrs. Bradbury, Foster, Frey, Jennings, Martin, Miller, Motley,
Nelson, Peyton, Reneau, Sevier, and mr. Speaker Turney—12.
So said motion so lay said resolution on the table prevailed.
Mr. Speaker Turney presented a communication from the President
of the Bank of Tennessee, with accompanying documents—which
was laid on the table.
On motion of mr. Ledbetter, . .
The Senate adjourneduntil to-morrow morning 9 o'clock.
THURSDAY, JAN. 13, 1S42.
Mr. Waterhouse presented the petition of sundry citizens of Ham-
ilton county, praying that a law may be passed to authorize the Presi-
dent, Directors and Company of the Planters' Bank of Tennessee to
establish a branch of said Bank at Chattanooga, by the removal of a
branch of said Bank from Athens to Chattanooga.
Which being read, was, on motion of mr. Waterhouse, laid on
the table.
Mr. Warner, chairman of the committee on Claims, to whom had
been referred the petition of the securities (and sundry citizens of
Greene county,)' of M. G. Fellows, late sheriff of Greene county, pray-
ing felief from the payment of a judgment obtained against said
THE SENATE.
467
sheriff and his securities for taxes of the year 1838, reports that said
committee have had the same under consideration, and think said pe-
tition unreasonable and should not be granted—that said committee
had directed liirn to report said petition and to recommend its rejec-
tion.
Whereupon, on motion of mr. Johnson, said petition was laid on
the table.
Mr. AVarner, chairman of the committee on Claims, to whom was
referred a bill for the benefit'of Joseph Burnett, of Marion'county, re*,
ports that said committee have had the same under consideration, and
think its provisions improper and should not be allowed—that said
committee had instructed him to report said bill and to recommend its
rejection.
Which report being read, the Senate concur therein.
And said bill being read a second time, was £ jected.
Ordered that said bill be transmitted to the House of Representa-
lives, and that the clerk announce to the House the rejection of said
bill.
Mr. Warner, chairman of the committee on Claims, to whom had
been referred the petition of John Bell, sheriff'of Coffee county, pray-
ing compensation for moneys by him expended in the arrest of James
Sattain, charged with the crime of murder, who had escaped from
confinement in jail, reports that said committee had had the same 'un-
der consideration, and deem its provisions and the prayer reasonable
and should be allowed—that said committee have directed him to re-
port a bill and to recommend its passage.
Whereupon the chairman of said committee reports a bill for the re-
lief of John Bell, sheriff of Coffee county.
Which bill was read a first time and passed:
J\Ir. Warner, chairman of the committee on Claims, to whom bad
been referred the petition of A. L. Crossman and George W. Hoovel',
praying to be indemnified for services rendered and moneys expended
in arresting, in the republic of Texas and conveying to the State of
Tennessee, a certain Zebediah Payne, charged with the murder of
William Coltart, under the Proclamation of the Governor of the
State of Tennessee, reports that said committee have had the same
under consideration—that the committee being divided in opinion in
relation to the propriety of granting the prayer in said petition—^
that at the request of said committee the following bill is here re-
ported, and the attention of the Senate respectfully directed to the pro-
visions of said bill:
A bill for the relief of A. L. Crossman aild George W. Hoover.
Which bill was read a first time and passed.
The Senate, on motion of mr. Maclin, took up and considered a
bill to amend the act of 1835, chapter 11, section 1, providing for tha
appointment of Notaries Public.
Which bill was read a first time and passed.
The Senate, on motion of mr. Laughlin, took up and considered a
bill to alter and make certain the line between Wilson, Caiinon and
DeKalb counties.
468
JOURNAL OF
Which was read a third time,
When mr. A/otley moved to amend said bill by adding thereto tho
following, to-wit:
Provided, said alteration of the foregoing lines shall not reduce the
county of Wilson below the constitutional limits in regard to territory.
Which being read, and the sense of the Senate thereon being had,
said amendment was adopted.
And said bill, as amended, was read a third and last time, and the
question, Shall said bill pass ? was had and .determined in the affirma-
tive. .
So said bill as amended was read a third and last time and passed—
was ordered to be engrossed and transmitted to the House of Repre-
sentatives.
Mr. Hardwicke in the chair, the Senate, on motion of mr. Ross,
ook up and considered a bill to amend the laws regulating divorces.
Which bill wa^ read a third time,
When mr. Turney moved to amend said bill by adding thereto the
following, to-wit:
Sec. 3. Be it enacted, That the act of 1831, chapter 20, be and the
same is hereby revived, and causes for divorces shall be laid at the
first term after service of subpoena upon the defendant or publication
made.
Which being read, and the sense of the Senate thereon had, said
amendment was adopted.
And said bill as amended was read a third and last time, and the
question, Shall said bill pass ? was had and determined in the affir-
mative—ayes 21—nays 3.
The ayes and noes being demanded,
The affirmative voters were:
Messrs. Bradbury, Foster, Frey, Hardwicke, Jennings, Johnson,
Ledbetter, Maclin, Jlfartin, Jl/iller, Motley, Nelson, Peyton, Powell,
Reneau, Ross, Sevier, Waterhouse, Warner, Williams, and mr. Speak-
ker Turney—21.
The negative voters were :
Messrs. Ashe, Gardner, and Matthews—3.
So said bill as amended was passed upon its third and last reading,
and was ordered to be engrossed and transmitted to the House of Rep-
rescntatives.
Mr. Ledbetter submitted the following amendment to a resolution
by him submitted, proposing to withdraw and discontinue all the
Branch Banks of the Bank of Tennessee, except one in East Ten-
nessee and one in the Western District, and read in the Senate on the
11th November, 1841—which amendment is as follows, to-wit:
Whereas the fund set apart by the Constitution of the State of Ten-
nessee for the establishment and support of common schools is vested
in the Bank of Tennessee, and the faitii cf the State is pledged for its
safe keeping, and the payment annually of the appropriation made by
the act passed the 19th January, 183S—And whereas branches to a
moneyed institution neOessarily increase the expense of the manage-
ment of such institutions, the risk from insolvencies 'and other causes,
THE SENATE.
469
and should there be a deficiency at any time to meet the appropria
tions made by said act, such deficiency must be supplied by taxation
on the people—Therefore,
Resolved by the General Assembly, That the committee 011 Banks
be instructed to report a bill to discontinue the several branches of-said
Bank from and after the first day of January, 1843, except one for
East Tennessee and one for the Western District.
My. Foster mpved to lay said resolution and amendment on the
table, and the question thereupon being had, was determined in the
negative—ayes 11—nays 13.
The ayes, and noes being demanded,
The allirniative voters were :
Messrs. Tester, Frey, Harchvicke, Jennings, Martin, Matthews, Mil-
ler, Powell, Rencau, Ross, and Sevier—11.
The negative voters were :
Messrs. Ashe, Bradbury, Gardner, Johnson, J^edbetter, Maclin, Mot-
Icy, Nelson, Peyton, Waterhouse, Warner, Williams,and nir. Speaker
Tumey— 13.
So sud motion to lay said resolution and amendment 011 the table,
was rejected.
My. Jennings moved the indefinite postponement of said resolution
and amendment, and the question thereupon being had, was deter-
mined in the affirmative—ayes 14—nays 10.
The ayes and noes being demanded,
The afilrm.divo voters were :
Messrs. Foder, Frey, Gardner, Jennings, Maclin, Martin, Matthews,
Miller, Powell, Reucau, Ross, Sevier, Warner, and mr. Speaker Tur-
ney—14.
The negative voters were:
Messrs. Ashe, Bradbury, Ilardwi *ke, Johnson, Ledbetter, Motley,
NeRon, Peyton, Waterhouse, and Williams—10.
So said resolution and amendment thereto was indefinitely post-
poned.
Mr. Martin introduced a bill to amend the act of 1837-8, incorporating
Union Seminary, in Maury county,
Which bill was read a first time and passed.
A message from the House of Representatives, by mr. Mitchell, their
clerk:
My. Speaker : The House of Representatives have taken up and con-
sidered the several amendments of the Senate to the bill from the House
of Representatives to amend an act, to re-enact, and amend an act to es-
• lablish a system of common schools in the State of Tennessee, passed
January 28th, 1840, and for other purpose®, the several amendments to
the first, section of the bill, and also their amendment constituting Re tenth
section of the bill, are severally concurred in by the House.
The House have amended the Senate's amendment constitutii g a pro-
viso to the sixth section, and concur in said amendment as amended.
The remaining amendments of the Senate to said bill, areseveralq con-
curred in by the House of Representatives—and then he withdrew.
470
JOURNAL OP
The Senate on motion of mr. Powell, took up and considered a bill fo
increase the rate of interest on the State bonds, known as the river bonds,
to six per centum per annum, and for other purposes,
Which bill being read a third time, when mr. Powell moved to amend
said .bill by adding thereto the following section, to wit :
Sec. 4. . Be it enacted, That James J. Tipton, of the county of Car-
ter, be and he is hereby appointed one of the board of commissioners for
the improvement of the navigation of the rivers East of Knoxville, to fill
the vacancy occasioned by the resignation of William Gott,
Which being read, and the sense of the Senate being thereon had said
amendment was adopted.
Mr. Warner moved to amend said bill by adding thereto the following
section, to wit :
Sec. 5. Be it enacted, That the one hundred thousand dollars of
bonds set apart for the improvement of the rivers in Middle Tennessee,
be, and it is .hereby made the duty ot the Governor of the State, to can-
eel and burn the same,
Which being read, Mr. Turney moved to amend the amendment offer-
ed by mr. Martin, by adding thereto the following, u except the sum of
ten thousand dollars appropriated to Fentress county, which has already
been expended.''7
Which being read, mr. Turney gave way to a motion made bymr.
Ashe to adjourn.
The Senate adjourned until 2 o'clock, p. sr.
EVENING SESSION.
The Senate on motion of mr. Hardwicke, took up and considered a
resolution by him submitted on yesterday, proposing that the Senate meet
the House of Representatives in convention in their Hall on the day
of January 1842, for the purpose of electing a Treasurer of the State and
Comptroller of the Treasury.
Which being read, mr. Hardwicke moved to fill the blank therein with
Wednesday 19th, which being considered by the Senate, said amendment
was adopted, and said resolution as amended was read and adopted.
Ordered, that the clerk acquaint the House of Representatives there-
with and ask a concurrence therein.
Mr. Fiey in the chair, on motion of mr. Warner, the Senate took up
and considered a message from the House of Representatives, transmit-
ting a bill from the House of Representatives, to amend an act entitled
an act, to re-enact and amend an act, to establish a system of common
schools in the State of Tennessee, passed January 28th, 1840,
Which being read, the Senate on motion of mr. Foster, recedes from
their amendment made to the first section of said bill—the Senate also re-
cedes from an amendment made to said bill, adopting the 10ih section.
The Senate concurs in the amendment of the House of Representatives
to the Senate's amendment, adding a proviso to the sixth section of said
bill.
Ordered that the clerk re-transmit said bill to the House of Represen-
THE SENATE.
471
tatives and announce to the House, that the Senate recedes from their
amendment to said bill, non-concurred in by the House, and concurs in the
House's amendment, to the amendment of the sixth'seetion of said bill by
the Senate, in adding a proviso thereto.
The Senate on motion of mr. Powell took up the unfinished business of
the morning, being a bill to increase the rate of interest on the State
bonds, known as the river bonds, to six per centum per annum, and for
other purpases.
Mr. Nelson moved to lay the amendment offered by mr. Turney, to the
amendment offered by mr. Warner to said bill, on the table, which mr.
Nelson afterwards withdrew.
Mr. Warner moved the indefinite postponement of said bill and amend-
ents thereto.
(Addthe question thereon being had was determined in the negative—
ayes 9—noes 15.
The ayes and nays being demanded,
The affirmative voters were :
Messrs. Hardwicke, Jennings, Ledbetter, Matthews, Motley, Peyton,
Itoss and Warner—9.
The negative voters were:
Messrs. A'she, Bradbury, Foster, Frey, Gardner, Johnson, Maclin,
Miller, Nelson, Powell, Reneau, Sevier, Watefhouse, Williams and mr.
Speake Turney—15.
So said motion to postpone said bill indefinitely was rejected.
Mr. Ashe moved to lay the amendment offered by mr. Turney, to the
amendment proposed by mr. Warner, on the table, and the question there-
on being had, was determined in the affirmative—ayes 13, noes 12!.
The ayes and noes being demanded,
The affirmative voters were :
Messrs. Ashe, Bradbury, Frey, Hardwicke, Jennings, Ledbetter,
Maclin, Martin, Matthews, "Motley, Nelson, Peyton and Warner—13.
The negative voters were :
Messrs. Foster, Gardner, Johnson, Laughlin, Miller, Powell, Reneau,
Ross, Sevier,Waterhouse, Williams and mr. Speaker Turney—12.
So the motion to lay the amendment offered by mr. Turney on the ta-
ble prevailed.
Mr. Sevier moved to lay the amendment offered by mr. Warner, to
said bill, on the table, and the question thereupon being had, was deter-
mined in the affirmative—ayes 13, noes 11.
The ayes and noes being demanded,
The affirmative voters were :
Messrs. Ashe, Bradbury, Foster, Jennings, Johnson, Maclin, Miller,
Motley, Nelson, Powell, Reneau, Williams and mr. Speaker Turney—13.
The negative voters were :
Messrs. Frey, Gardner, Hardwicke, Laughlin,Ledbetter, Martin, Mat -
thews, Peyton, Ross, Warner and Wa'erhouse—11.
So said motion, to lay said amendment on the table, prevailed.
Mr. Gardner moved to amend said bill by adding at the end of the se-
cond section the following; and Provided, that should only a part of said
472
JOURNAL OF
bonds be sold and the proceeds thereof deposited, as the respective boards
of commissioners shall only draw their proportions of the same so de«
posited,
Which being read, and the sense of the Senate thereon had, said amend-
ttient was adopted.
Mr. Miller offered the following amendment to said bill:
Sec. 5. Be it enacted, That in case of the death, resignation, or remov-
al of any of the commissioners for the Hiwassee and Oeoee rivers, ap-
pointed by the 3d section of the.act of the 26th January 1833, entitled
an act to appiopriate money for the impiovement of rivers in East Ten-
liesseC, then, in that case, the county Court of Bradley may appoint a
proper person to fill such vacancy or vacaucies,
Which being read, and considered of by the Senate, said amendment
was adopted.
Mr. Laughlin moved to amend said hill by addingtheretolhe following:
Sec. 6. Be it enacted, That the bonds proposed to he issued by this
act, shall not be negotiated or sold, or retained by the Bank of Ttlines-
see at a greater discount than fifteen per cent, on the nominal value
thereof.
Which being read, mr. fl/artin moved the previous question—and
the question, Shall the main question be now put? was l.iad and de-
termined in, the negative.
The ayes and noes being demanded,
The affirmative voters wore :
•Messrs. Jennings, Jl/urtiu, Miller, Nelson, Peyton, Reneau and mr.
Speaker Turney—7.
The negative voters were :
Messrs. Ashe, Bradbury, Foster, Frey, Ross, Sevier, Warner, Water-
house and Williams—9.
So said call for the previous question was not sustained.
The question then recurred upon the adoption of the amendment
offered by mr. Garduer, in lieu of the amendment offered bymr. Gard-
ner in lieu of the amendment off to d bymr. Laughlin to said hill,
which being had, was determined in the negative—ayes 11, noes 14.
The ayes and noes being demanded,
The affirmative voters were :
Messrs. Ashe, Bradbury, Gardner, Maclin, fl/illerj Nelson, Powell,
Reneau, Sevier, Williems and mr. Speaker Turney—11.
The negative voters were :
Messrs. Foster, Frey, Ilardwicke, Jennings, Johnson, Laughlin,
Lcdbctter, Martin, Matthews, fi/otley, Peyton, Ross, Warner and Wa-
tcrhouse—14.
So said amendment was rejected.
The question then recurred upon the adoption of the amendment
offered by mr. Laughlin to said bill, when mr. Powell moved to amend
the amendment offered by mr. Laughlin, as follows; " Provided, that
no internal improvement company in this State, to which State bonds
may hereafter be issued,.shall be at liberty to negotiate said bonds at
less than their nominal or par value ;,J which amendment mr. Powell
afterwards withdrew. .
THE SENATE.
473
The question upon the adoption of the amendment offered by mr.
Laughlin to said bill being had, was determined in the affirmative—
ayes 13—noes 12.
The ayes and noes being demanded,
The affirmative voters were:
il/essrs. Frey, Hardwicke, Jennings, Johnson, Laughlin, LcdbetterT
Martin, ff/atthews, Motley, Peyton, Ross, Warner and Waterhouse—
13.
The negative voters were r
il/essrs. Ashe, Bradbury, Foster, Gardner, il/ac-lin, il/iller, Nelson,
Powell, Reneau, Sevier, W itliams and mr. Speaker Turney—12.
So said amendment was adopted.
Mr. Reneau moved to lay said bill on the table, and thereupon the
question was had and determined in the negative—ayes 12, noes 13.
The ayes and noes being demanded,
The affirmative voters were :
il/essrs. Ashe, Bradbury, Foster, Gardner, Miller, Nelson, Powell,
Reneau, Sevier, Waterhouse, Williams and mr. Speaker Turuey—12.
The negative voters were :
Messrs. Frey, Hardwicke, Jennings, Johnson, Laughlin, Ledbetter*
Maclin, Martin, Matthews, motley, Peyton, Ross and V\ arner—is..
So said motion to lay said bill on the table was rejected.
Mr. Ross moved that said bill be laid on the tabh , and be made the
special order of the day for "Wednesday next; which motion prevail-
ed.
A message from the House of Representatives, by mr. Mitchell, tlieii
clerk:
Mr. Speaker: The Speaker of the House of Representatives did
this day sign an enrolled bill, entitled an act to carry into ek'o:t an act
of Congress passed and approved the 18th day of February, 1841,au-
thorising the State of Tennessee to perfect titles to the vacant and un-
appropriated lands south and west of the Congressional reservation
line in this State.
The House of Representatives has read a third and last time and
passed a bill to establish the county of Macon; which was ordered to
be engrossed and transmitted to the Senate—in which I am directed to
ask the concurrence of the Senate. And then he withdrew.
Whereupon, the Speaker of the Senate did sign said enrolled act,
and ordered that the same be re-transmitted to the House of Repre-
sentatives, for the further action of the House thereon to be had.
J\lr. Foster moved that the Senate adjourn until to-morrow morning
9 o'clock; and thereupon the question was had and determined in the
negative—ayes 12, noes 13.
The ayes and noes being demanded,
The affirmative voters were :
il/essrs. Bradbury, Foster, Frey, Jennings, Ledbettcr, Martin, Mil-
ler, Mofiey, Nelson, Peyton, Reneau and mr. Speaker Turney—12.
The negative voters were :
Messrs. Ashe, Gardner, Hardwicke, Johnson, Laughlin, Maclin,
Matthews, Powell, Ross, Sevier, Warner, Waterhouse and Williams
—12
474
JOURNAL OF
So said motion to adjourn was rejected.
The Senate, on motion of mr. Laughlin, took up the further con-
sideration of a message from the House of Representatives, transmit-
ting a resolution adopted by the House of Representatives, requiring
the .banks within the State of Tennessee to resume specie payments,
and for other purposes; when
Mr* Williams submitted the following resolutions in lieu of the re-
solutions adopted by the House of Representatives, requiring the banks
to resume specie payments, as amended by the Senate, in the follow-
ing words, to-wit:
1. Resolved by the General Assembly of the State of Tennessee,
That thp President and Directors of the Union Bank of Tennessee and
its branches, the Planters' Bank of Tennessee and its branches, the
Farmers' and Merchants"' Bank of Memphis, and the Bank of Ten-
nessee and its branches, be, and they are hereby directed and required
to resume in good faith, on or before the first day of August next,
agreeably to the provisions of their respective charters, the payment
in specie of all their liabilities, whenever the same shall be presented:
Provided, the Bank of Tennessee shall not resume unless the said
Union and Planters' Bank shall also resume.
2. Resolved, That if the said Union Bank and branches, Planters'
Bank and branches, Farmers' and Merchants' Bank of il/emphis, and
Bank of Tennessee, or either of them, shall fail to comply in good
faith with the provisions of the first resolution, that the Governor of
the State be, and he is hereby requested, if in his opinion a called ses-
sion of the Legislature shall be necessary for the purpose of apportion
ing the Congressional districts, to issue his proclamation, setting forth
the fact that said bank or banks have failed to comply with the pro-
visions of' these resolutions, and make it a part of the duty of the
called session to adopt such measures in relation thereto as in their
judgment may be deemed expedient.
3. Resolved, That the Secretary of State be, and he is hereby di-
rected to furnish the President and Directors of the Union Bank of
Tennessee, Planters' Bank of Tennessee, Farmers' and Merchants'
Bank of Memphis, and Bank of Tennessee, with a copy of the fore-
going resolutions.
Which being read, on motion of mr. Foster, said resolutions are
made the special order of the day for Wednesday next.
Mr. Laughlin asked and obtained leave of absence until Monday
next.
On motion of mr. Martin,
The Senate adjourned until to-morrow morning 9 o'clock.
FRIDAY, JAN. 14, 1S42.
Mr. Nelson presented the petition of John Cunningham, a citizen of
the county of Knox, praying that a law may be passed allowing him
to hawk and peddle without a license ; which was read, and on motion
of mr. Nelson, ordered to be transmitted to the House of Rcpresenta-
tives.
THE SENATE.
475
Mr. Turney introduced a bill to establish the line between the coun-
ties of Overton and Jackson; which bill was read a first time and
passed.
il/r. Waterhouse introduced a bill to authorise the Planters' Bank to
discontinue its branch at Athens, and establish it at Chattanooga, and
for other purposes; which bill was read a first time and passed.
The Senate took up and considered a bill to remit to Johnson county
the State tax for 1S42-3.
Which being read, on motion of mr. Powell, said bill was laid on
the table.
The Senate took up and considered a bill to amend the act of 1835,,
chap. 11, sec. 1, providing for the appointment of notaries public,
which bill was read a third and last time, and the question, Shall said
bill pass ? being had, was determined in the affirmative.
So said bill was passed upon its third and last reading, and was or-
dered to be engrossed and transmitted to the House of Representa-
tives.
The Senate took up and considered a bill to regulate the fees of at-
torneys general in certain cases; which bill was read a third and last
time, and the question, Shall said bill pass ? bein'g had, was deter-
mined in the affirmative—ayes 13, noes 10,
The ayes and noes being demanded,
The affirmative voters were:
Messrs. Ashe, Foster, Frey, Hardwicke, Jennings, Jl/artin, Nelson,
Peyton, Reneau, Ross, Warner, Waterhouse and Williams—13.
The negative voters were :
Messrs. Bradbury, Gardner, Johnson, Ledbetter, Maclin, Matthews,
Miller, Powell, Sevier and mr. Speaker Turney—10.
So said bill was passed upon its third and last reading, and was or-
dered to be engrossed and transmitted to the House of Representatives.
The Senate, on. motion of mr. Peyton, took up and considered a bill
from the House of Representatives to establish the county of Macon *,
which was read a first time and passed.
A message from the House of Representatives, by mr. Mitchell their
clerk:
Mr. Speaker : The House of Representatives have adopted a reso-
lution directory to the Comptroller of the Treasury, relating to delin-
quent clerks and sheriffs in the 14th judicial circuit, and reported to the
Attorney General, which I am directed to transmit to the Senate, and
ask a concurrence therein. And then he withdrew.
Mi\ A/aclin, chairman of the committee to whom had been referred
a bill from the House of Representatives, relating to the adjudication
of land warrants—Reports, that said committee have had the same
under consideration, and that said committee had instructed him to re-
port said bill witii an amendment, striking out the 4th section thereof,
as follows:
Sec. 4. Be it enacted, That when any person or persons may have
filed any land warrant, in any of the land offices in this State, and en-
lered any part of the same, that it may be lawful for the owner or
owners of any such land warrant or warrants to file the same with the
JOURNAL OF
Roister in whose district any port of the same may be entered, and
it shall he the duty of the Register as aforesaid to issue grants on so
much as may he entered or appropriated to tiie proper owner or own-
ers thereof, audit shall be the duty of any of the Registers of this
State, if required by the owner or owners, or the legal representatives,
to issue a certificate for the balance of any such warrant or warrants,
subject to he entered iu any of the land offices south and west of the
Congressional reservation line, or may present the same to the Comp-
troller of the State, whose duty it shall he to pay to the holder or hold-
ers of the same, twelve and a half cents per acre lor each acre con-
taiuod in said certificate or certificates, and the Comptroller shall draw
on the Treasurer for the same ; and any of the Roadsters ,as aforesaid
may demand and receive from the person applying for such certificate,
fifty cents e ich, for issuing the same ; aud with said amendment, to
recommend the passage of said bill.
Which report being read, mr. Gardner moved to amend the first sec-
tion.of said hill, by striking out of the seventh line, after the words
'■'all eeitifieates of interference," the words "or deficiency of bounda-
ly." Strike out of the tenth and eleventh lines section of said
hill, after the words "supposed to be in the State," the words "all
claims lost for want of identifying the beginning corner;" which be-
iiig read and considered by the Senate, said amendments were a ffipted.
J/r. J/mhnvs moved to amend said bill, by striking out of the fifth
line of the second section, after the words " shall be less than," the
word "'two," and insert in lffiu thereof the word "five."
Which being read, mr. Ledhetter moved to lay said amendment on
the table, and the question thereupon beiug had, was determined in
the affirmative—ayes 12, noes 11.
The ayas and noes being demanded by mr. ATatthews,
The affirmative voters were:
JUfssiN. Foster, Frey, Ilardwicke, Jennings, Ledhetter, Motley, Nel-
son, PevI on, Ross, Warner, Williams and mr. Speaker Turtiey—12.
The negative voters were :
Mesa's. Ashe, Bradbury, Gardner, Johnson, Maclin, Martin, Mat-
thews, Miller, Powell, Sevier and Wuterhouse—11.
So sud amendment was laid on the table.
Mr. Gardner moved to amend the first section of said bill, by strik-
ing out of the seventh line, after the words "all certificates of inter-
ferencc," the words "or deficiency of boundary which being read,
mr. Gardner moved the adoption of said amendment, and the question,
thereupon being had, -was determined in the affirmative—ayes 16.
noes 5.
The ayes and noes being demanded by mr. Gardner,
The affirmative voters were :
Messrs. Ashe, Bradbury, Foster, Frey, Gardner, Hardwicke, Jen-
nings, Maclin, Matthews, Miller, Motley, Nelson, Powell, Ross,Water-
house and mr. Speaker Turney—16.
The negative voters were:
Messrs. Ledbetter, Martin, Peyton, Sevier and Warner—5,
So said amendment was adopted.
THP SENATE.
477
Mr. Gardner moved to amend said bill, by striking out the 3d sec-
tion, as follows:
Sec. 3. Be it enacted, That the Secretary, as Commissioner of Land'
Claims, shall be entitled to demand and receive the following fees for
adjudicating: For each certificate of fifty acres and under, fifty cents;
over fifty acres and under one hundred acres, seventy-five cents; over
one hundred and under two hundred acres, one half of one per cent,
for each acre so adjudicate 1 and certified.
And to insert in lieu thereof the following:
Sec. ,3. jBe it enacted, That the Secretary of State, as Commission- •
er, shall be entitled to demand" and receive the following fees, to-wit:
For each warrant issued, fifty cents ; and oue cent per acre for each
warrant of fifty acres and under; for each warrant over fifty acres
and under one hundred acres, three fourths of a cent per acre; and
for all warrauts over one hundred acres, half a cent per acre : Fro-
vided, the Secretary of State shall not receive more than five dollars,
in any one case; which being read, and the sense of the Senate there-
on had, said amendment was adopted.
JSh. Foster moved to amend said bill, by adding to the end of the
second section, the following, to-wit: " To each of which warrauts or
certificates so adjudicated or issued, the seal of the State shall be af-
fixed, and without which no warrant or certificate shall be valid; but
for so affixing the seal of the State,, no fee shall, be-allowed or charg-
edwhich being read, and the sense of the Senate thereon had, said
amendment was adopted.
Mr. Maclin moved to amend said bill, by striking out the fourth sec-
tion, as recommended and reported by the committee on public lauds,
and set forth in said report.
Mr. Ledbetter then asked and obtained leave to withdraw said bill
for amendment.
Tiie Senate, on motion of mr. Peyton, took up and considered a bill
from the House of Representatives to establish the county of Macon;
which bill was read a first time and passed.
On motion of mr. Johnson,
The Senate adjourned until 2 o'clock, p. m.
evening session.
A message from the House of Representatives, by mr. Mitchell, their
clerk:
Mr. Speaxer : The House of Representatives has taken up and
considered the amendments of the Senate to the following bills from
the House:
A bill to reduce the t r- fees of Attorneys General in certain cases.
A bill to incorporate*• i literary institution in the town of JJlaryvilie,
ill Blount county, to be >t\ led the Maryviile College. And
A bill to amend the ac. «f 1823, chap. 21, in relation to delinquent
constables.
Which amendmei -» severally concurred in by the House of Re-
presentatives. And lb i v. withdrew.
478
JOURNAL OF
The Senate, on motion of mr. Ilardwicke, took up and considered
a bill to amend the charter of the Bank of Tennessee, and for other
purposes; which bill being read, was, on motion of mr. Hardwicke,
made the order of the day for Tuesday next.
•Ttfr. Ledbetter returned a bill relating to the adjudication of land
warrants, by him withdrawn for amendment, with the following
amendment, which he offered in lieu of the 4th section of said bill, as
follows:
Sec. 4. Be it enacted, That it shall and may be lawful for any
bona Jide land warrant holder, legally adjudicated as herein provided,
to enter less than two hundred acres thereof on any vacant land south
and west of the Congressional reservation line: Provided, all of the
vacant land lying in connection, shall be embraced in such entry:
And provided further, that such entry shall not interfere with tiie
surrounding bona fide occupant entries: And provided, also, that the
holder of such warrant, or certificate warrant, shall be authorised to
satisfy the residue of his warrant on any other vacant land, under the
rules and regulations prescribed in this section, or may present the
same to the Comptroller of the Treasury for payment, as provided for
by law ; which being read, and the sense of the Senate thereon had,
said amendment was adopted.
Mr. Matthews moved said bill by adding thereto the following sec-
tion, to-wit:
Sec. 5. Be it enacted, That nothing shall be so construed in this
act as to prevent the occupant entries from dividing the warrants to
any size for the benefit of the occupant entries.
Which being read and considered by the Senate, said amendment
was rejected—and said bill as'amended. was read a second time and
passed.
The Senate took up and considered a message from the House of
Representatives, transmitting a resolution adopted by the House of
Representatives directory to the Comptroller of the Treasury, relating
to delinquent clerks and sheriffs in the 14th Judicial Circuit.
Which being read and considered, the Senate concur therein.
Ordered that the clerk re-transmit said resolution to the House of
Representatives, and announce the concurrence of the Senate therein.
The Senate took up and considered a bill to alter the time of holding
the Circuit Courts of Cannon county.
Which being read, was, on motion of mr. Ledbetter, laid on the
table.
The Senate took up and considered a resolution to amend the Con-
stitution of the State of Tennessee in the 2d section of the 6th article,
so that the Supreme Court may be held at one place in the Mountain
District, in addition to the places now to be held.
Which being read, was laid on the table.
The Senate look up and considered a bill to settle the claims of the
improvers of the rivers in Fentress county.
Which being read, was laid on the table.
The Senate took up and considered a bill for the relief of the com-
THE SENATE.
479
missioners for the improvement of the rivers east of Knoxville, in this
State.
Which bill was read a third time—when mr. Foster moved to
amend said bill by adding thereto the following proviso :
Provided said commissioners shall produce their account and prove
the same to the satisfaction of the Comptroller of the State, and the
amount to be paid shall be upon the certificate of the Comptroller, and
provided the sum so paid shall be retained by the President of the
Bank of Tennessee out of the proceeds of the river bonds belonging
to East Tennessee.
Which being read and considered by the Senate, said amendment
was adopted.
And said bill as amended was read a third and last time, and the
question recurring' upon the passage of said bill was had and deter-
mined in the affirmative—ayes 20—nays 3.
The ayes and nays being demanded,
The affirmative voters were:
Messrs. Ashe, Bradbury, Foster, Gardner, Hardwicke, Jenniilgs,
Johnson, Ledbetter, Maclin, Martin, Miller, Motley, Nelson, Powell,
Reneau, Ross, Sevier, Waterhouse, Williams, and mr. Speaker Turney
—20.
The negative voters were:
Messrs. Frey, Matthews, and Warner—3.
So said bill as amended was passed upon its third and last reading— *
was ordered to be engrossed and transmitted to the House of Repre-
sentatives.
On motion of mr. Gardner, the committee on Agriculture and Man-
ufactures, from the further consideration of a bill to establish the State
Agricultural Society^ are discharged.
Which bill, on his motion, is made the order of the day for Tues-
day next.
The Senate took up and considered a bill to regulate proceedings in
actions of replevin.
Which bill was read a third and last time, and the question, Shall
-said bill pass ? was had and determined in the negative—ayes 5—nays
18:
The ayes and noes being demanded,
The affirmative voters were:
Messrs. Gardner, Hardwicke, Maclin, Powell, and mr. Speaker
Turney—5.
The negative voters were:
Messrs. Ashe, Bradbury, Foster, Frey, Jennings, Johnson, Led-
better, Martin, Matthews, Miller, Motley, Nelson, Peyton, Reneau,
Ross, Warner, Waterhouse, and Williams—18.
So said bill was rejected upon its third and last reading.
The Senate took up and considered a bill for the relief of sheriffs
in certain cases.
Which bill was read a third and last time, and the question, Shall
said bill pass ? was had and determined in the negative—ayes 9—
nays 14.
JOURNAL OF
The ayes and nays being' demanded,
The affirmative voters were :
Messrs. Bradbury, Gardner, Hardxvicke, Jennings, Johnson, Mat-
thews, Peyton, Waterhouse and mr. Speaker Turney—9.
The negative voters were :
Messrs. Ashe, Foster, Frey, Ledbctter, Maclin, Martin, Miller, Mot-
ley, Nelson, Rcncau, Ross, Sevier, Warner and Williams—14.
So said hill was rejected upon its third and last reading.
jMr. Sevier moved a re-considerati< n of the vote rejecting upon its.third
and last reading, a bill for the relief of Sheiiffs.
Whereupon the Senate on motion of mr. Sevier, took up and re-con-
sidered the vote rejecting said bill upon its third and last reading, and the
Senate further considering the same, said motion to reconsider the vole
rejecting said bill, prevailed,
When mr. Sevier asked and obtained leave to withdraw said bill for
amendment.
The Senate took up and considered a bill for the relief of John Bell,
Sheriff of Coffee county,
Which bill was read a second time and passed.
The Senate took up and considered a bill to amend the charter of Piles'
Turnpike road,
Which bill was read a second time and passed.
The Senate took up and considered a bill to prevent the accumnlation
of bad and doubtful claims in the dealing of the Penitentiary,
Which hill was read a second time and passed.
The Senate took up and considered a bill to amend the act of 1837-8,
incorporating Union Seminary, in A/aury county,
Said bill was read a second time and passed.
The Senate took up and considered a bill for the benefit of endorsers,
On motion of mr.Ledbetler, said bill was laid on the table.
The Senate took up and considered a bill to repeal an act entitled aa
act to repeal all laws licencing tipling houses, and for other purposes,
Which bill was read a second lime, when mr. Sevier moved the indef-
inite postponement of said bill, and the question thereon being had, was
determined in the affirmative—ayes 15, noes 8.
The ayes and noes being demanded,
The affirmative voter® were :
Messrs. Ashe, Foster, Frey, Johnson, Ledbetter, maclin, Martin, Mat-
thews, Motley, Nelson, Peyton, Powell, Reneau, Ross and Sevier—15
The negative voters were:
Messrs. Bradbury, Hardwicke, Jennings, Miller, Warner, Waterhouse,
Williams and mr. Speaker Turney—8,
So said bill was indefinitely postponed upon its second reading,
Mr. Johnson moved a re-consideration of the vote of the Senate reject-
ing upon its second reading, a bill to repeal an act entitled an act, to re*
peal all laws licencing tiphng houses, and for other purposes.
The Senate on motion of mr. Johnson re-considered the vote indefin-
itely postponing said bill upon its second reading, and the Senate fur her
considering the same, when on motion of mr. Johnson said bill was aid
on the table.
THE SENATE.
481
A message from the House of Representatives by mr. ./Mitchell their
clerk :
JVIr. Speaker: The House of Representatives took up and read the
petition of one hundred ladies of the city of Nashville, praying that the
Legislature pass a law for the encouragement and promotion of the cul-
ture of silk, which I am directed to transmit to the Senate—and then he
withdrew.
The Senate took up and considered a bill to remit to Johnson coun-
ty the State tax of 1842—3. When, on motion of mr. Johnson, said
bill was laid on the table.
The Senate took up and considered a message from the House of
Representatives, transmitting the petition of one hundred distinguish-
ed and highly respectable ladies of the city of Nashville, praying that
the General Assembly pass a law for the encouragement and promo-
tion of the culture of silk in the State of Tennessee.
Which being read, was, on motion of mr. Foster, referred to the
committee on Agriculture and Manufactures.
The Senate took up and considered a bill to insure a more efficient
management of the Lunatic Asylum.
Which being read, mr. Powell moved to amend said bill by adding
thereto the following proviso :
Provided, that all moneys appropriated, or intended to be, by the
provisions of this act, shall be deducted from the river bonds appro-
priated to Middle Tennessee, and shall be subject to the order of the
Board of Trustees whenever said bonds shall be negotiated.
Which being read, mr. Ross moved to amend said amendment by
striking out the three last lines thereof as follows: after the words
" Middle Tennessee,'* " and shall be subject to the order of the Board
of Trustees whenever said bonds shall be negotiated/7
Mr. Foster moved to lay said amehdment on the table, and the ques-
tion thereupon was had, and determined in the negative—ayes 11 —
nays 12.
The ayes and noes being demanded,
The affirmative voters were:
Messrs. Bradbury, Foster, Frey, Hardwicke, Jennings, Ledbetter,
Martin, Matthews, Motley, Peyton and Ross—11.
The negative voters were:
Messrs. Ashe, Johnson, Maclin, Miller, Nelson, Powell, Reneau,
Sevier, Warner, Waterhouse, Williams, and mr. Speaker Turney—12.
So said motion to lay said amendment on the table was rejected.
Mr. Powell then withdrew said amendment.
Mr. Williams moved to amend said bill by adding thereto the fol-
lowing, to-wit:
Provided, that ail moneys appropriated, or intended so to be, by
the provisions of this act, shall be deducted from the river bonds
approriated to Middle Tennessee, and shall be subject to the order of
the Board of Trustees whenever said "bonds shall be negotiated.
Which being read, mr. Williams afterwards withdrew said amend-
ment.
And said bill was read a second time and passed.
33
482
JOURNAL OF
The Senate took up and considered a bill to authorize and require
the Entry Taker of the Ocoee District to refund money in certain
cases.
'When mr. Miller asked and obtained leave to withdraw said bill
for amendment.
A message from the House of Representatives, by mr. Mitchell, their
clerk:
Mr. SpEAkER: The House of Representatives have taken up and
considered a message of the Senate, transmitting a resolution propos-
ing that the Senate meet the House of Representatives in their Hall
on Wednesday next, in convention, for the purpose of electing a
Treasurer of the State and Comptroller of the Treasury—in which
the House of Representatives concur, which I am directed to transmit
to the Senate.
And then he withdrew.
The Senate, 011 motion of mr. Jennings, took up and considered a
bill to provide for and regulate the inspection of Tobacco.
Which bill was read a third time,
When mr. Gardner moved to amend said bill by adding to the end
of the 5th section, the words "and qualified."
Which being read and considered by the Senate, said amendment
was adopted.
Mr. Jennings moved to amend said bill by striking out after the
words "term of said Court," in the fourth line of the 5th section, the
word "two" and insert the word "four."
Which being read and considered, said amendment was adopted.
Jl/r. Foster moved to amend the fifth section of said bill by insert-
ing therein, after the words "city of Nashville," the words "for
which there shall be four inspectors,"
Which being read and considered, said amendment was adopted.
Mr. Foster moved further to amend the fifth section of said bill by
inserting therein, after the words "Justices of the County Courts,1'
the words " except the county of Davidson."
Which being read and considered by the Senate, said amendment
was adopted.
Mr. Bradbury moved to amend the seventh section of said bill by
striking out the words occurring in said section, after the words «said
bond shall be from," the words "five thousand to ten thousand," and
insert in lieu thereof the words " five hundred to five thousand."
Which being read, and the sense of the Senate thereon had, said
amendment was adopted.
JJJf. Foster moved to amend the 7th section of said bill by striking
out, after the words " shall be liable for costs," the words " and any
person bringing suit on such bond may be compelled by the Court in
which such suit may be instituted, to give security for costs."
Which being read and considered, said amendment was adopted.
Mr. A/otley moved to amend said bill by striking out of the fourth
line of the 8th section, after the words "or not less than," the word
"three," and insert in lieu thereof the word "two."
Which being read, said amendment was adopted.
THE SENATE.
483
Mr. Jennings moved to amend said bill by striking out the 12th
section, as follows:
Sec. 12. Be it enacted, That no tobacco shall be passed or account-
ed lawful tobacco, (except tobacco in parcels,) unless the same shall,
be packed in hogsheads not exceeding forty-eight inches in length of
the stave and seventy inches in the whole diameter within the staves
at the cross and bulge, and the owner of tobacco packed in any hogs-
head of greater dimensions shall re-pack the same in sizeable hogs-
heads, as hereinbefore expressed, at his own expense, before the same
shall be passed by the inspector to whom it is offered—and to insert,
in lieu thereof the following :
Sec. 12. Be it enacted, That for the purpose of securing to the
tobacco planters of Tennessee the advantages to be derived from
packing their tobacco in hogsheads of dimensions adapted to the con-
venience of shippers, it shall be the duty of the inspectors to state in
all descriptions of tobacco made in the notes or receipts, specified in
the sixth section of this act, whether such tobacco is, or is not contain-
ed in hogsheads of the measurement in length and diameter best suit-
ed to the market of New Orleans, and shall also keep, either a written
or printed statement of such measurement at all times posted up in
some conspicuous part of any warehouse at which they are required
by law to attend in their official capacity.
Which being read and considered by the Senate, said amendment
was adopted.
Mr. Foster moved to amend said bill by adding at the end of the
18th section, the following words : "to the use of the State."
Mr. Foster moved further to amend said bill by inserting in the-
17th line of the 19th section, after the words " penalty on the old in-
spector or inspectors," the words " for the use of the State."
Which amendments severally, so offered by mr. Foster as aforesaid,
being read and considered by the Senate, were adopted.
And said bill as amended was read a third and last time, and the
question recurring upon the passage of said bill was had, and deter-
mined in the affimative—ayes 20—nays 3.
The ayes and noes being demanded,
The affirmative voters were:
Messrs. Ashe, Bradbury, Foster, Frey, Gardner, Hardwicke, Jen-
nings, Johnson, Ledbetter, Maclin, .Miller, Motley, Peyton, Powell,
Ross, Sevier, Warner, Wajerhouse, Williams, and mr. Speaker Tur-
ney—20.
The negative voters were :
Messrs. il/artin, Matthews and Nelson—3.
So said bill as amended was read a third and last time and passed—
was ordered to be engrossed and transmitted to the House of Repie-
sentatives.
On motion of mr. Martin,
The Senate adjourned until to-morrow morning 9 o'clock.
484
JOURNAL OF
SATURDAY, JAN. 15, 1842.
Mr. Jennings presented a communication from the agent of the
Penitentiary, directed to the Speaker of the Senate, in conformity to a
resolution adopted by the Senate, directory to said agent—which com-
munication is as follows:
Tennessee Penitentiary, Jan. 13, 1842.
To the Honorable Samuel Turney, Speaker of the Senate:
Sir—In compliance with the resolution of the Senate of the
4th, I beg leave to present the following statements:
Notes not yet due, §3262 07
" Uncollected for 4 months, 738 97
« Uncollected for 8 months, 1627 76
" Uncollected for 12 months, 5654 67
10583 47
122 accts. of §10 and under, amounting to §570 04
114 " over §10 and under §25, 1893 33
189 " over 25 " " 50, 3467 10
61 « over 50 « " 100, 4268 88
61 " over 100 and upwards, 15069 30 25268 65
• ■
§35852 12
Of the above notes I consider bad, 716 57
« " " Doubtful, 639 19
Good, 9227 71 10583 47
a a
Of the above accts. I
u a
consider bad, 314 69
Doubtful, 150 55
Good, 24803 41 25268 65
§35852 12
The above statement represents the condition of the debts due the
orison on the 30th September last, when the report of the undersign-
ed was made to the General Assembly.
Since then but few new accounts have been issued, and many of the
old ones have been closed by payment or by notes.
The bad and doubtful debts reported have been accumulating since
the prison went into operation, a period of ten years.
Great care has been heretofore observed, and will be hereafter, to
prevent any one from obtaining credit at the prison who is not fully
competent to meet his engagements.
Whether the amount of bad and doubtful debts reported is as great,
or greater, than would have been made in any private establishment
doing business to the same extent, and for the same length of time, ii
respectfully submitted. H. J. ANDERSON, Agent.
THE SENATE.
485
Which being read, was ordered to be enrolled upon the journal of
the Senate.
Mr. Foster, chairman of the committee on the judiciary, to whom
had been referred the petition of the committee of the Columbia, Pu-
laski, Eikton and Alabama Turnpike Company, submitted the follow-
ing Report:
The judiciary committee, to whom was referred the petition of the
committee of the Columbia, Pulaski, Eikton and Alabama Turnpike
Company, have had the same under consideration, and have directed
me to report, that so much of said petition as prays the State to refund
to said Company, the loss sustained in the sale of the bonds of the'
State is unreasonable, and should not be granted; that so much of
said petition as prays the State to pay to said Company the sum of
$162S 30!, the interest which would have accrued upon the bonds of
the State, if such bonds had been issued when applied for by said
Company'is unreasonable, and ought not to be granted; but that so
much of said petition as prays an amendment of the act incorporating
said Company, is reasonable and should be granted, and to effect
which, the committee have directed me to report a bill. All of which
is respectfully submitted.
ROB'T C. FOSTER, Jr., Chairman.
Whereupon, the chairman of the judiciary committee reported a bill
for the benefit of the Columbia, Pulaski, Eikton and Alabama Turn-
pike Company ; which bill was read a first time and passed.
• The Senate, on motion of mr. Peyton, took up and considered a bill
from the House of Representatives to establish the county of Macon;
which bill was read a second time, when
Mr. Foster moved to amend said bill by inserting in the 7th line of
the 5th section, after the words " first giving twenty days," the word
"noticewhich being read and considered by the Senate, said ametid-
ment was adopted.
And said bill, as amended, was read a second time and passed.
Mr. Powell introduced a bill to authorise the President of the Bank
of Tennessee to negotiate the River bonds allotted to East Tennessee
and the Western District, by the act of 1837-8; which bill was read a
first time and passed.
The Senate took up and considered a bill for the relief of John Bell,
sheriff of Coffee county; which bill was read a third and last time,
and the question upon the passage of said bill was had and determin-
ed in the affirmative—ayes 15, noes 6.
The ayes and noes being demanded,
The affirmative voters were :
Messrs. Ashe, Bradbury, Foster, Hardwicke, Jennings, Ledbetter,
il/aclin, Matthews, Motley, Peyton, Reneau, Ross, Sevier, Warner and
mr. Speaker Turney—15.
The negative voters were ;
Messrs. Frey, Gardner, Johnson, Miller, Nelson and Waterhouse—
6.
• So said bill was passed upon its third and last reading, and was or-r
4ered to be engrossed and transmitted to the House of Representatives.
486
JOURNAL OF
The Senate took up and considered a bill to amend the act of
1S37-8, incorporating Union Seminary, in Maury county; which was
read a third and last time, and the question, Shall said bill pass? was
had and determined in the affirmative.
So said bill was passed upon its third and last reading, and was or-
dered to be engrossed and transmitted to the House of Representa-
tives.
The Senate took up and considered a bill to amend the charter of
Piles' Turnpike road; which bill was read a third and last time, and
the question, Shall said bill pass ? was had and determined in the af-
firmative.
So said bill was passed upon its third and last reading, and was or-
dered to be engrossed and transmitted to the House of Representa-
tivcs.
Air. Bradbury introduced a bill requiring the collecting officers of
Hardin county to make their returns at Jackson; which bill was read
a first time and passed.
The Senate took up and considered a bill to authorise the Planters'
Bank to discontinue its branch at Athens, and establish it at Cliatta-
nooga, and for other purposes; which bilf was read a second time and
passed.
The Senate took up and considered a bill to establish the line be-
tween the counties of Overton and Jackson; which bill was read a se-
cond time and passed.
The Senate took up and considered a bill to "authorise the Banks of
this State to issue notes of a smaller denomination than five dollars;
which being read a second time,
Mr. Led better moved to amend said bill by striking out the second
section as follows, to-wit:
Sec. 2. Be it enacted, That the other banks of the State may issue
notes of the said denominations, under the same rules and regulations
as are prescribed in the foregoing section.
Which being read, and the question upon the adoption of said
amendment being had, was determined in the affirmative—ayes 12,
noes 9.
The ayes and noes being demanded,
The affirmative voters were:
Messrs. Hardwicke, Johnson, Ledbetter, Matthews, Powell, Reneau,
Ross, Sevier, Warner, Waterhouse, Williams and mr. Speaker Turney
—12.
The negative voters were :
Messrs. Ashe, Bradbury, Foster, Frey, Jennings, Maclin, Miller,
il/otley and Nelson—9.
So said amendment was adopted.
Air. Ledbetter moved to amend said bill by striking out of the third
line of the first section, after the words " issue the notes of," the word
" the," and insert in lieu thereof the word " any*," and by striking out
of the third line of the first section, after the words « of any denorai-
nation," the word "of," and insert in lieu thereof the word "from;"
to strike out of the third and fourth lines of said first section, after the
THE SENATE.
487
words " denomination from one," the words " two, three and four,"
and insert in lieu thereof " dollar to tenwhich being read and con-
sidered, said amendments were severally adopted.
Mr. Jennings moved to amend said bill by striking out of the first
section, the following: "Provided, that the whole amount issued of
said'denominations of notes, shall not. exceed the sum of dol-
lars: And provided, that said notes shall at all times be redeemable
and redeemed at the counter of the said bank and its branches in spe-
cie which being read, and the question upon the adoption of said
amendment being had, was determined in the affirmative—ayes 14,
noes 6'.
The ayes and noes being demanded.
The affirmative voters were :
JL/essrs. Bradbury, Foster, Frey, Hardwicke, Jennings, Ledbetter,
JJiller, Motley, Nelson, Peyton, Reneau, Sevier, Williams and mr.
Speaker Turney—14.
The negative voters were :
Messrs. Johnson, Matthews, Powell, Ross, Warner and Waterhouse
—9.
So said amendment was adopted; and said bill, as amended, was
read a seco.id time and passed.
The Senate took up and considered a bill from the House of Repre-
sentatives to authorise David Smith to open a Turnpike road; whicfi
bill was read a third and last time, and the question upon the passage
of said bill was had and determined in the affirmative.
So said bill was passed upon its third and last reading, and was or-
dered to be transmitted to the Housp of Representatives lor enrollment.
The Senate took up and considered a bill from the House of Repre-
sentatives to amend the laws in relation to appeals and writs of error,
Which bill was read a third and last time, and the question, shall said
bill pass, was had and determined in the affirmative—ayes 20, noes 1.
The ayes and noes being demanded,
The affirmative voters were :
Messrs. Bradbury, Foster, Frey, Hardwicke, Jennings, Johnson, Led-
better, Maclin, Matthews,Miller, Motley, Peyton, Powell, Reneau, Ross,
Sevier, Warner, Waterhouse, Williams and mr. Speaker Turney—20.
Mr. Nelson voting in the negative.
So said bill as amended was passed upon its third and last reading and
was ordered to be transmitted to the House of Representatives for en-
lo'lment.
The Senate took up and'considered a resolution from the House of
Represesenlatives to amend the 4th section of the 10th article of the con-
stitution of the State of Tennessee.
Which was read a first time and the question, shall said resolution be
adopted, was bad and determined in the affirmative—ayes 13, noes 5.
The ayes and nays being demanded,
The affirmative voters were :
Messrs. Bradbury., Hardwicke, Jennings, Johnson, Maclin Matthews,
Miller, Peyton, Reneau, Sevier, Waterhouse, Williams and mr. Speaker
Turney—13.
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The negative voters were:
Messrs. Foster, Frey, Motley, Nelson and Ross—5.
So said resolution was adopted on its first reading.
The Senate took up and considered a bill to insure a more effectual
management of the Lunatic Asylum, when on motion of mr. Jennings, said
bill was laid on the table.
The Senate took up and considered a bill to make provision for the
Supreme court, when on motion of mr. Ashe, said bill was laid on the
table.
On motion of mr. Foster,
The Senate adjourned until Monday morning next at 9 o'clock.
MONDAY, JAN. 17, 1842.
Mr. "Warner presented the petition of sundry citizens of Cannon county,
protesting against being detached fiom the banking district, authorised to
apply for bank accommodations at the branch of the Bank of Tennessee,
at Shelbyville, and be attached to the district belonging to the principal
Bank at Nashville,
Which being read, mr. Jennings submitted the following :
Resolved, by the General Assembly of the State of Tennessee,
That the memorial this day presented to the Assembly froro sundry citi-
zens of Cannon county, praying that said county may not be attached to
the Bank district which includes the county of Davidson, be transmitted
to the President and Directors of the principal Bank of Tennessee, who
are by existing provisions of law, empowered to decide on the request of
the petitioners.
Which being read, and ihe rule requiring resolutions to lie over one
day being suspended, said resolution was adopled.
Ordered that the clerk transmit said petition to the House of Repre-
esentativess, and inform the House of the adoption of said resolution, and
request a concurrence therein.
The Senate on motion of mr. Gardner, took up and considered a bill
from the House of Representatives, for a manufacturing company, when
on motion of mr. Gardner, it was ordered that said bill be re-transmitted
to the House of Representatives.
Mr. Gardner presented the petition of sundry citizens of the counties
of Garroll, Henry and Weakly, praying that a law he passed making an
appropriation for the improvement of the navigationof the Obion river,
Which being read, was on motion of mr. Gardner, ordered to be trans-
mitted to the House of Representatives.
The Senate lookup and considered a resolution from the House of
Representatives to amend the 4th section of the 10th article of the consti-
tution of the State of Tennessee, so that a new county may be foimed
out of a portion of the counties of Sullivan, Washington, Greene and
Hawkins,
Which resolution being read a second time, and the question, shallsaid
resolution be adopted was Lad, and determined in the affirmative-—ayes.
13, noes 5.
The ayes and noes being demanded,
THE SENATE.
489
The affirmative voters were :
Messrs. Ashe, Bradbury, Hardwicke, Jennings, Johnson, Maclin,
Matthews, Miller, Powell, Reneau, Waterhouse," Williams and mr.
Speaker Turney—13.
The negative voters were :
Messrs. Frey, Gardner, Motley, Nelson and Warner—5.
So said-resolution was adopted on a second reading.
The Senate on motion of mr. Powell, took up and considered a bill to
authorise the President of the Bank of Tennessee to negotiate the river
bonds allotted to East Tennessee and the Western District by the act of
1837-8.
Which bill was read a second time and passed.
Mr. J\Jaclin introduced a bill to establish the county of Coe,
Which bill was read a first time and passed.
The Senate on motion of mr. Ross, took up and considered a bill for the
benefit of the Columbia, Pulaski, Elkton and Alabama Turnpike company,
Which bill was read a second time and passed.
The Senate on motion of mr. Williams took up and considered a bill
for the encouragement of Agriculture and domestic manufactures.
Which bill was read a second time and passed.
A message from the House of Representatives by mr. MitcheM their
Cleik:
M\\ Speaker : The Speaker of the House of Representatives did
this day sign the following enrolled hills, entitled as follows, to wit :
An act to incorporate a Literary institution at the town of Maryville,
Blount county, to be styled the Marjville College.
An act to amend the act of 1823, chap. 11, in relation to delinquent
constables.
An act to amend an act, entitled an act, to re-enact and amend an act,
to establish a system of common schools, in the State of Tennessee,
passed January 28th, 1840, and for oiher purposes.
An act to make legal all the official acts of James Rosea deputy clerk,
of the county Court of Shelby county.
An act to reduce the tax fees of Attorneys General, in certain cases.
Also an engrossed bill of the Senate making an appropriation ior-lhe
payment of certain claims on account of work and labor done and mate-
rials furnished towards the completion of the Lunatic Assylum, which
was read a third and last time in the House of Representatives, which I
am directed to-transmit to the Senate for enrollment.
Also an enrolled bill of the Senate to amend the. practice of the Courts
of Chancery, which was read a third time and amended in the House of
Representatives, and indefinitely postponed.
The House of Representatives concur in the amendments of (lie Senate
to a bill from the House, for the relief of the commissioners appointed to
superintend the navigation of the" French Broad river, at the Hanging
rock and Seven islands.
The House of Representatives have taken up and considered the
amendments, of the Senate to the billj from the House of Reprcsenta-
lives to amend the law in relation to the exemption of certain property
fronct execution, in which amendments the House of Representatives con*
490
JOURNAL OF
cur, with amendments thereto, herewith transmitted, in which they ask
the concurrence of the Senate.
And then he withdrew.
Whereupon the Speaker of the Senate signed said several enrolled
acts and ordered that the same be re-transmitted to the House of Rep-
resentatives for the further action of the House thereon to he had.
The Senate, on motion of mr. Nelson, took up and considered a mes-
sage from-the House of Representatives, transmitting certain amend-
ments made to the amendments of the Senate to a bill from the House of
Representatives to amend the law in relation to the exemption of certain
property from execution, which amendments are in the following order:
First amendment.—After the word " feathers" in the second section,
the words " and also one other cow and calf."
Which being read, and the question upon the concurrence of the
Senate in said amendment being had was determined in the affirnia-
tive—ayes 13—nays 6.
The ayes and nays being demanded,
The affirmative voters were:
Messrs. Ashe, Bradbury, Gardner, Hardwicke, Jennings, Johnson,
Maclin, Matthews, Miller, Motley, Nelson, Sevier, Waterhouse,
and mr. Speaker Turney—14.
The negative voters were:
-Messrs. Frey, Powell, Reneau, Ross, Warner, and Williams—6.
So said amendment was concurred in.
Second amendment.—" And the property hereby exempt from exe-
cution shall be secured to the widow."
Third amendment.—After the word " provisions" in the 3d section,
insert the words "of the second section."
Which second and third amendments being read and considered, the
Senate concur therein.
Ordered that said bill be re-transmitted to the House of Representa-
tives, and that the clerk acquaint the House with the concurrence of
the Senate in the several amendments made by tfie House of Repre-
sentatives to the amendments of the Senate made to said bill.
The Senate, on motion of mr. Bradbury, took up and considered
a bill requiring the collecting officers of Hardin county to make their
returns at Jackson.
Which bill was read a second time and passed.
On motion of mr. Motley,
The Senate adjourned until 2 o'clock, p. m.
evening session.
Mr. Frcy, chairman of the committee on enrollments, reported as
correctly enrolled a bill entited an act making appropriations for the
payment of certain claims on account of work and labor done, and
materials furnished towards the completion of the Lunatic Asylum.
Which enrolled act was thereupon signed by the Speaker of the
Senate, and ordered to be transmitted to the House of Representa-
tives,
THE SENATE.
491
The Senate, on motion of mr. Maclin, took up and considered a
bill to provide for the payment of claims against the Bank of Ten-
nessee.
Which bill was read a third and last time, and the question, Shall
said bill pass ? was had and determined in the affirmative—ayes 14—
nays 6.
The ayes and noes being demanded,
The. affirmative voters were:
Messrs. Ashe, Bradbury, Hardwicke, Jennings, Maclin, Miller,
Peyton, Powell, Reneau, Ross, Warner, Waterhouse, Williams, and
mr. Speaker Turney—14.
The negative voters were:
Messrs. Frey, Gardner, Matthews, Motley, Nelson, and Sevier
—6.
So said bill was passed upon its third and last reading, was ordered
to be engrossed and transmitted to the House of Representatives.
The Senate, on motion of mr. Warner, took up and considered a bill
from the House of Representatives to abolish and discontinue spring
musters and their court martials and drills.
Which bill being read, was, on motion of mr. Bradbury laid on the
table.
The Senate, on motion of mr. Nelson, took up and considered a bill
for the benefit of the Hiwassee Railroad company, and to incorporate
the Central Turnpike company, and the Turnpike company in
East Tennessee.
Which bill was read a second time and passed.
A message from the House of Representatives, by mr. Mitchell, their
clerk:
Mr. Speaker : The Speaker of the House of Representatives did
this day sign an enrolled bill entitled an act, making appropriations for
the payment of certain claims, on account of work and labor done
and materials furnished towards the completion of the Lunatic Asy-
lum.
And then he withdrew.
Whereupon the Speaker of the Senate ordered that said enrolled
act be deposited in the office of the Secretary of State, for the State
of Tennessee.
The Senate took up and considered a bill to authorise the Planters*
Bank to discontinue its branch at Athens, and establish it at Chatta-
nooga, and for other purposes.
When, on motion of mr. Waterhouse, said bill was laid on the ta-
ble.
The Senate took up and considered a bill for the relief of Sheriffs
in certain cases.
When, on motion of mr. Gardner, said bill was laid on the table.
The Senate took up and considered a bill to amend the law in rela-
tion to records in criminal cases, and for other purposes,.
When, on motion of mr. Ashe, said bill was laid on the table.
The Senate took up and considered a bill to insure a more effectual
management of the Lunatic Asylum.
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JOURNAL OF
When, on. motion of mr. Jennings, said bill was laid on the ta-
ble.
The Senate took up and considered a bill to authorize the Banks
of this State to issue notes of smaller denominations than five dol-
lars.
When, on motion of mr. Miller, said bill was laid on the table.
The Senate took up and considered a bill to amend the charter of
the Bank of Tennessee, and for other purposes.
When, on motion of mr. Iiardwicke said bill was laid on the ta-
ble.
The Senate took up and considered a bill to establish the line be-
tweenthe counties of Overton and Jackson.
And said bill was ordered to be laid on the table.
The Senate took up and considered a bill from the House of Rep-
resentatives to establish the county of Macon,
Which bill was read a third time.
When mr. Peyton moved to amend said bill in the 5th section, by
striking out after the words " who shall on the" the word "first," and
insert in lieu thereof the word " last."
Mr. Peyton moved further to amend the 5th section of said bill by
striking out after the words "Saturday of," the word "February,"
and to insert in lieu thereof the word " March."
Mr. Peyton moved further to amend said bill by inserting in the 3d
line of the 8th section, after the words "the lots in said town," the
words " in the county."
Which said several amendments being read and considered by the
Senate, were adopted.
And said bill as amended, was read a third and last time, and the
question recurring upon the passage of said bill, was had and deter-
mined in the affirmative—ayes 19—nays 00.
The ayes and noes being demanded,
The affirmative voters were ;
Messrs. Ashe, Bradbury, Frey, Jennings, Johnson, Maclin, Mat-
thews, Miller, Motley, Nelson, Peyton, Powell, Reneau, Ross, Sevier,
Waterhouse, Warner, Williams and mr. Speaker Turney—19.
Negative voters—none.
So said bill as amended, was passed upon its third and last reading
and was ordered to be transmitted to the House of Representatives.
Ordered that the clerk acquaint the House of Representatives with
the amendments made to said bill and ask a concurrence therein.
Mr. Williams introduced a bill to establish the county of il/ul-
berry.
Which bill was read a first time and passed.
A message from the House of Representatives by mr. Mitchell their
Clerk.
Mr. Speaker : The House of Representatives have taken up and
read a petition and remonstrance from sundry citizens of Henderson
county ageiqst the passage of a law reducing the fees on marriage li-
cense, and for other purposes.
Also a petition from citizens of Sumner and Wilson counties, pray-
THE SENATE.
493
ing an extension of the Cumberland and Stone's River Turnpike
Company—which I am directed to transmit to the Senate.
And then he withdrew.
Mr. Hardwicke asked and obtained leave to withdraw for amend-
ment, a bill to prevent the accumulation of bad and doubtful claims
in the dealings of the Penitentiary.
On motion of mr. Reneau,
The Senate adjourned until to-morrow mofning 9 o'clock.
TUESDAY, JAN. 18, 1842.
Mr. Warner, chairman of the committee on claims, to whom had
been referred a bill for the relief of such persons as obtained license
to retail liquor after the passage of the tippling act of 1838, and before
its promulgation—Reported, that said committee have had the same
under consideration, and that said committee have instructed him to
report said bill, with the following amendment: By striking out of the
first section of said bill, after the words "passed 26th January, 1838,"
the following words: " and was indicted, or presented and convicted,
and fined for a violation of the provisions of said act, while proceed-
ing under such license;" further amending said bill, by striking out of
the first section, after the words " his, her or their county," the follow-
ing; words: " as also the fine so assessed against him, her or them, in
any Circuit court of this State;" and further amending said bill, by
striking out of the second section, after the words "the amount paid
therefor," the words " and if he has been indicted, or presented and
fined, he shall also get the affidavit of the clerk of the Circuit court in
which such prosecution was tried, stating the fact of the institution of
such prosecution, his conviction, and the amount of the fine, and also
that the same has been paid;" and further amending said bill, by add-
ing to the second section, the following: " Provided, that no person
shall be entitled to the benefits of the act, until he shall have made
oath before some justice of the peace, that he obtained such license in
ignorance of the passage of the law of 1838, and under an honest.
conviction that he was entitled to the same, and that he did not take
out said license in anticipation, or under a belief that such a law
would pass at the session of 1837-8, and with a view to avoid the pro-
visions of such, which affidavit shall accompany the affidavit of the
clerk to the comptroller;" and with said amendments, to recommend
the passage of said bill.
And said bill, as amended, being read, mr. Warner moved to amend
said bill, by filling the blank in the third line of the first section, oc-
curring after the words " spirituous liquors within," with the word
"fifteen;" and said bill, as amended, was read a second time and
passed.
The Senate, on motion of mr. Gardner, took up and considered a
preamble and certain resolutions by him submitted on the 12th day of
October, 1841, instructing our Senators, and requesting our Represen-
tatives in the Congress of the United States, to exercise their influence,
either by negotiation or the imposition of countervailing duties upon
the luxuries of foreign countries imported into the United States, so as
494
JOURNAL OF
to produce a reduction of revenue in foreign ports upon tobacco grown
in the United Stated; which being read,
Mr. Williams moved to amend the fourth resolution, after the words
" articles of comfort and necessity," by inserting therein the words,
"not the produce or manufacture of the United States;" which being
read and considered by the Senate, said amendment was adopted.
J\h. Foster moved to amend the third resolution, by striking out af-
ter the words "that should the," the words "arts of diplomacy," and
insert in lieu thereof the words "a resort to diplomatic intercourse;"
which being read and considered by the Senate, said amendment was
adopted.
Jl/r. Nelson moved to amend the first resolution, by inserting therein
after the words " Senators in Congress be instructed," the words "pro-
vided, always, that the State of Tennessee is represented in the Senate
of the United States;" which being read,
Mr. Gardner offered the folio wing amendment in lieu of the amend-
nient offered by mr. Nelson: " when Senators shall be elected;" which
being read, and the question upon the adoption of said amendment m
lieu of the amendment offered by mr. Nelson, was. had and determin-
edin the affirmative—ayes 12, noes 11.
The ayes and noes being demanded by mr. Nelson,
The affirmative voters were :
Messrs. Gardner, Hardwicke, Johnson, M.aclin, Martin, Matthews,
Miller, Powell, Ross, Waterhouse, Warner and mr. Speaker Turney—
12.
The negative voters were:
Messrs. Bradbury, Foster, Frey, Jennings, Ledbetter, Motley, Nel-
son, Peyton, Reneau, Sevier and Williams—11,
So said amendment was adopted in lieu of the amendment offered
by mr. Nelson.
The question then recurred upon the adoption of the amendment
offered by mr. Gardner, which being considered by the Senate, said
amendment was adopted.
«A/r. ff/artin moved to lay said resolutions on the table,and the ques-
tion thereupon being, had, was determined in the negative—ayes 10,
noes 13.
The ayes and noes being demanded,
The affirmative voters were :
Messrs. Hardwicke, Johnson, Maclin, Martin, Matthews, Miller, Pow-
ell, Ross, Warner and mr. Speaker Turney—10.
The negative voters were :
ff/essrs. Bradbury, Foster, Frey, Gardner, Jennings, Ledbetter, Mot-
ley, Nelson, Peyton, Reneau, Sevier, Waterhouse and Williams—13.
So said motion to lay said resolutions on the table was rejected.
The question then recurred upon the aloption of said preamble and
resolutions, which was had, and determined in the affirmative—ayes
13, noes 11.
The ayes and noes being demanded by mr. Gardner,.
Tffe affhmative voters were:
Messrs. Ashe, Bradbury, Foster, Frey, Gardner, Hardwicke, Jen-
THE SENATE.
495
nings, Motley, Peyton, Sevier, Williams and mr. Speaker Turney—13.
The negative voters were:
iliessrs. Johnson, Maclin,Martin, Matthews, Miller, Powell, Reneau,
Ross, Waterhouse and Warner—11.
So said preamble and resolutions were adopted, and were ordered
to be engrossed and transmitted to the House of Representatives for a
concurrence therein.
The Senate, on motion of mr. Johnson, took up and considered cer-
tain resolutions proposing to cede to the United States that portion of
the State of Tennessee commonly called East Tennessee, for the pur-
pose of being erected into a separate and independent sovereignty, and
that His Excellency the Governor of the State of Tennessee be re-
quired to hold a correspondence with the Governors of the States of
Georgia, North Carolina and Virginia, in relation to a cession of a
portion of their respective territories adjoining East Tennessee, to the
Government of the United States, the whole of which, when so ceded,
to form the State of Frankland, and that a committee of two on part
of the Senate, and three on part of the House of Representatives, be
chosen from the eastern division of the State, with instructions to re-
port by bill or otherwise ; which being read,
Mr. Miller moved to amend the second resolution,by inserting there-
in after the word "Virginia," the word "Alabama;" which being
read and considered by the Senate, said amendment was adopted.
And said resolutions, as amended, being read, and the question upon
the adoption of said resolutions being had, was determined in the af-
lirmative—ayes 17, noes 6.
The ayes and noes being demanded by mr. Johnson,
The affirmative voters were :
Messrs. Bradbury, Foster, Frey, Gardner, Jennings, Johnson, Mac-
lin, il/iller, Nelson, Peyton, Powell, Renaeu, Ross, Sevier, Waterhouse,
Williams and mr. Speaker Turney—17.
The negative voters were :
Messrs. Hardwickc, Ledbetter, Martin, Matthews, JLTotley and War-
ner— 6.
So said resolutions were adopted, and ordered to be engrossed and
transmitted to the House of Representatives for a concurrence therein.
Whereupon, the Speaker of the Senate appointed messrs. Johnson
and Nelson of said committee on part of the Senate.
Mr. Frey, chairman of the committee on enrollments, reported as
correctly enrolled the following bills, entitled
An act to establish a Chancery court at Sparta, in the county of
White.
Also an act to incorporate the number of Trustees of the Knoxville
Female Academy.
Which several enrolled acts were signed by the Speaker of the
Senate, and ordered to. be transmitted to the House of Representatives
for the signature of the Speaker thereof.
Messrs. Lewis Rencau, John R. Nelson, and Samuel Turney pre-
sented the following as their protest, to the adoption of a preamble
and certain resolutions, submitted by mr. Gardner, instructing -our
496
JOURNAL OF
Senators and requesting our Representatives in the Congress of the
United States, to exercise their influence in procuring the removal of
certain duties upon American tobacco sent to foreign ports, to-\vit:
To the adoption of the resolution proposing to instruct our Senators
in Congress, when we shall elect them, and to request our Represen-
tatives in that body to support a system of counteracting duties on
foreign goods, from those countries where high and enormous duties
are laid upon American tobacco, the undersigned respectfully beg
leave to enter their protest:
Because, They do not believe it to be right and constitutional for
members of the Legislature, unless required by the people so to do,
to give instruction to members of Congress. Senators and Represen-
tatives in Congress'are the people's public servants. They are not
the servants of this General Assembly,' nor of its members, who are
themselves but the public servants of the people, and that too of more
hiimble grade than members of Congress.
Though the members of the General Assembly are the electors of
Senators to Congress, yet they perform that duty, not in their own
right as citizens, but as representatives and servants of the people.—
Senators to Congress are elected, not to attend to or represent the in-
terest of the Legislature or its members, but to represent and attend
to the rights and the interest of the whole people of the State. They
are therefore the servants of the people. To their oion masters they
stand or fall. " Who art thou that judgest" (or we who judgeth)
of another man's servant."
The undersigned are in favor of the doctrines of the resolutions so
far as they relate to the Tariff and the encouragement of American
industry; but they cannot place themselves between the people and
any other class of their public servants, and assume the right of the
former to control the duties and services of the latter.
LEWIS RENEAU,
JOHN R. NELSON,
SAMUEL TURNEY.
Which being read, was ordered to be enrolled upon the journal of
the Senate.
On motion of mr. Foster,
The Senate adjourned until 2 o'clock, p. m.
EVENING SESSION.
The Senate, on motion of mr. Maclin, took up and considered a bill
to establish the comity of Coe.
Which bill was read a second time and passed.
On motion of mr. Jennings, the select committee appointed and to
whom had been referred a preamble* and certain resolutions submit-
ted by mr. Jennings on the 7th December, 1841, "relatingto the com-
petition of labor of the convicts in the Penitentiary of the State of
Tennessee and the mechanical labor of the State, from the further
consideration thereof are discharged.
THE SENATE.
497
A message from the House 6f Representatives, by mr. Mitchell, theii
clerk:
JlIvl. Speaker : The Speaker of the House of Representatives did
this day sign the following enrolled bills entitled as follows:
An act to increase the humber of Trustees of the Knoxville Female
Academy.
Also an act to establish a Chancery court at Sparta, in White county.
An act to authorise David Smith of Morgan county, to open a Turn-
pike road, which enrolled acts I am directed to transmit to the Senate.
The House of Representatives have read a third and last time a bill
to authorise the transfer of certain civil suits from Bradley county to
Polk county.
Also a bill to charter the District central Turnpike company, which bills
lam directed to transmit to the Senate, and ask a concurrence therein.
And then he withdrew.
Whereupon the Speaker of the Senate did sign the latter enrolled act,
and ordered that the same be re-transmitted to the House of Representa-
tives for further action of the House thereon to be had.
The Speaker of the Senate ordered that the two first mentioned en-
rolled acts be deposited in the office of the Secretary of State, for the
State of Tennessee.
A message from the House of Representatives by mr. Mitchell their
clerk:
Mr. Speaker : The' House of Representatives have read a third and
last time and passed a bill to extend the. act of 1837-8, chapter 206, and
to create a body politic and corporate, to be called the mutual Insurance
and Trust Company of Columbia, which I am directed to transmit to the
Senate and ask a concurrence therein.
The Senate on motion of mr. Jennings, took up and cpnsidered a pre-
amble and certain resolutions, by him submitted to the Senate on the 7th
December 1841, relating to the competition of labor, of the convicts in the
Penitentiary of the State of Tennessee, and the mechanical labor of the
State,
Which being read, and pending the arguments and consideration of
said resolutions,
On motion of mr. Ross,
The Senate adjourned until to-morrow morning 9 o'clock.
WEDNESDAY, JAN. 19, 1842.
John S. Young, Esq., Secretary of State for the State of Tennessee,
presented to the Senate, the following message from his Excellency,
the Governor of the State of Tennessee :
Executive Department,
Nashville, Jan. 19, 1842, j
Gentlemen of the Senate,
and House of Representatives :
I have received from his Excellency, the Governor of
the State of Alabama, sundry resolutions passed by the General Assem-
34
498
JOURNAL OF
bly of that State, at its late session, with the request, that I would lay
them before the Legislature of this State.
All of which are herewith transmitted.
JAMES C. JONES.
On motion of mr. Foster, said message was laid on the table.
The Senate took up and considered a bill to refund to John Hoyal and
Thomas JHcCallie, the consideration money paid by them in making en-
try No. 521, in the Ocoee district,
Which being read a third time, when mr. Foster moved to amend said
bill by adding thereto the following: Provided, said John Hoyal and
Thomas McCallie shall make it appear to the satisfaction of the presiding
Judge of the third Judicial circuit, that they are not in the provisions of
the act of 1839, chapter 58, and that the title acquired by them to the
land so entered by them and granted by grant No. 571, dated Nashville
7th day of June 1839, is taken by a better bona fide title acquired under
the State, and provided also, they shall make it appear to the satisfaction
of said Judge that there has been no fraud or collision between them and
the person having such better title, and provided the said Judge shall so
certify under his official signature, to the entry taker of the Ocoee dis-
trict,
Which being read, and the sense of the Senate thereon had, said amend-
ment wa9 adopted.
And said bill as amended was read a third and last time, and the ques.
tion recurring upon the passage of said bill was had, and determined in
the affirmative—ayes 18, noes 4-
The aves and nays being demanded,
The affirmative voters were :
Messrs. Bradbury, Foster, Jennings, Johnson, Laughlm, Ledbptter,
Maclin, Martin, Matthews, Miller, Powell, Reneau, Ross, Sevier, War-
ner, Waterhouse, Williams and mr. Speaker Turney—18.
The negative voters were :
Messrs. Ashe, Frey, Motley and Nelson—4.
So said bill as amended was passed upon its third and last reading, and
ordered to be engrossed and transmitted to thePIouse of Representatives.
Mr. Maclin introduced a bill for the relief of William Isaac Raw-
lings, _
Which bill was read a first time and passed.
The Senatetook up and considered a bill for the relief of the Columbia,
Pulaski, Elkton and Alabama Turnpike company,
Which bill was read a third time, when mr. Fostermoved to amend said
bill by adding thereto the following :
Sec. 2. Be it enacted, That the Franklin and Columbia Turnpike
road shall have the further time of two years from the first of January
1842, to complete said road, as is provided in .the act of incorporation
and that it shall and may be lawful for the county Court of Jl/aury coun-
ty to transfer to said Franklin and Columbia Turnpike road, the bridge
belonging to said county of Maury, and which bridge crosses Duck liver
where said Turnpike road strikes said river, upon condition no toll shall
be taxed tor passing said bridge, and upon condition, that said Franklin
THE SENATE.
499
and Columbia Turnpike road shall keep said bridge in good order and
condition at their own proper cost and expense,
Which being read, mr. Martin moved to amend said amendment offer-
ed by mr. Foster as follows: Provided^,the first gate from Columbia shall
notbe erected south of, or nearer, the town of Columbia, than the divid-
ing line between the lands of Gregory deceased, and the lands of Thomas
Brown deceased, and said company shall have the right and power to tax
and receive toll at said gate and the other gates located by. said, company,
alter said company shall have prepared a bridge,
Which being read, said amendment was adopted.
And said bill as amended, was read a third and last time, and the ques-
tion, shall said bill pass was had, and determined in the affirmative.
So said bill was passed upon its third and last reading, was ordered to
be engrossed and transmitted to the House of Representatives.
Mr. Sevier returned a bill from the House of Representatives, relating
to the adjucation of land warrants, by him withdrawn for amendment,
without amendment.
Mr. Johnson presented a petition from sundry citizens of Greene coun-
ty, praying a repeal of the act, passed January 26th, 1838,
Which being read, on motion of mr. Johnson said petition was referred
to the committee on the Judiciary.
Mr. Gardner presented the petition of sundry citizens of the county
of Henry, praying a repeal of the law relating to mill dams, placing said
miil dams in a condition, that they be abated as other nuisances, when ad-
judged to be such,
Which being read, was laid on the table.
The Senate on motion of mr. Warner, took up and considered a bill
to establish the line between Jackson and Overton counties.
Which bill was read a third and last time, and the question shall said
bill pass was had, and determined.in the affirmative.
So said bill was passed upon its third and last reading, was ordered to
be engrossed and transmitted (o the Houce of Representatives.
The Senate on motion of mr. Miller took up and considered a bill to
authorise the Banks of this State to issue notes of a smaller denomination
than five dollars,
Which bill was read a third time, when mr. Laughlin moved to amend
said bill, and offered the following in lieu of the whole bill after the en-
acting clause, to wit ^
Beit enacted, That the Bank of Tennessee, at the principal Bank and
branches is hereby authorised at any time up to the first day of January
1843, to issue bills of the denomination of five dollars but for no smaller
sum, payable on demand, as other notes issued by said Bank,
Which bill being read, and the question upon the adoption of said
amendment being had, was determined in the negative—ayes 6, noes IS.
The ayes and noes being demanded,
The affirmative voters were :
Messrs. Laughlin, Maclin, Matthews, Powell,Ross and Warner—6.
The negative voters were ;
Messrs. Ashe, Bradbury, Foster, Frey, Gardner, Jennings, Johnson,
500
JOURNAL OF
Ledbetter, Maclin, Miller, Motley, Nelson, Peyton, Reneau, Sevier, Wa-
terhouse, Williams and mr. Speaker Turney—18.
So said amendment was rejected.
JUr. Gardner moved to amend said bill, by adding thereto the follow-
ing: "Provided^ that whenever the State Bank resumes specie pay-
ments, she shall cease to issue any new small notes as herein author-
isedwhich being read and considered by the Senate, said amend-
ment was adopted.
And said bill, as amended, was read a third and last time, and the
question recurring upon the passage of said bill, was had and deter-
mined in the affirmative—ayes 18, noes 7.
The ayes and noes being demanded,
The affirmative voters were:
Messrs. Bradbury, Foster, Frey, Gardner,- Hardwicke, Jennings*.
Johnson, Ledbetter, Maclin, Jliiller, Motley, Nelson, Peyton, Reneau,
Sevier, Waterhouse, Williams, and mr. Speaker Turney—18.
The negative voters were:
Messrs. x\she, Laughlin,il/artin, Matthews, Powell, Ross and War-
ner—7.
So said bill as amended was read a third and last time and passed—
was ordered to be engrossed and transmitted to the House of Repre-
sentatives.
A message from the House of Representatives, by mr. Mitchell, their
clerk;
Mr. Speaker: I am directed by the Speaker of the House of Re-
preseutatives to inform the Senate, that the House of Representatives
has taken a recess, preparatory to the reception of the Senate, to go
into the elections set apart for the day, agreeably to the joint resolu-
tion of both Houses of the General Assembly. And then he with-
drew.
Whereupon, the Senate took a recess preparatory to meeting the
House of Representatives in their Hall to go into the elections set apart
for this day.
The Speaker of the Senate having called the Senate to order—
A message from the House of Representatives by mr. Mitchell their
Clerk.
Mr. Speaker: I am directed by the Speaker of the House to
inform the Senate, that the House of Representatives is now ready,
awaiting the reception of the Senate at their Hall in convention, to go
into the ejections set apart for this day by the joint resolution of both
Houses of the General Assembly. And then he withdrew.
Whereupon, mr. Speaker Turney and gentlemen of the Senate to-
paired to the Hall of the House of Representatives, meeting in con-
vention for the purpose of electing a Comptroller of the Treasury, and
a Treasurer of the State of Tennessee.
Mr. Speaker Turney of the Senate, and mr. Speaker Douglass of
Ae House of Representatives in the chair, the resolution adopiedby
mo Senate, and concurred in by the House of Representatives, that
the Senate this day meet the House of Representatives in their II,il1 in
convention, for the purpose of electing a Comptroller of the Treasury
THE SENATE.
501
and a Treasurer of the State, being read, the Speaker of the Senate
put the question, Shall the convention now proceed to elect a Treasurer
of the State ? which being had, was determined in the affirmative.
Nominations to said office being announced by the Speaker of the
Senate as being in order,
Jl/r. Miller of the Senate put in nomination Miller Francis, the pre-
sent incumbent to said office.
Mr. Peyton of the Senate put in nomination Byron Trousdale.
Mr. Barry of the House of Representatives put in nomination Bar-
tkolomew Watkins.
The convention then proceeded, viva voce, to elect a Treasurer of
the State of Tennessee.
Senators who voted for mr. Francis were:
Messrs. Gardner, Plardwicke, Johnson, Laughlin, Ledbetter, iliac-
lin, Martin, Matthews, Miller, Powell, Ross, Warner, Waterhouse and
mr. Speaker Turney—14.
The votes cast by members of the House of Representatives for mr,
Francis as reported being 58—in all 72.
Senators who- voted for mr. Trousdale were: >
Messrs. Ashe, Bradbury, Foster, Frey, Jennings, Motley, Nelson,
Peyton, Reneau, Sevier and Williams—11.
The votes cast by members of the House of Representatives for mr.
Trousdale as reported being 14—in all 25.
The votes cast by members of the House of Representatives for mr.
Watkins as reported being 3.
Whereupon, the Speaker of the Senate declared that il/iller Francis
was duly and constitutionally elected-Treasurer of the State of Ten-
neSsee for the full term of two years next ensuing, he having a major-
ity of all the votes cast in said convention.
The Speaker of the Senate put the question, Shall the convention
proceed to elect a Comptroller of the Treasury of the State of Ten-
nessee ? which being had, was determined in the affirmative.
The Speaker of the Senate announced that nominations to said of-
fice were in order.
Whereupon, mr. Fonville of the House of Representatives put in
nomination Daniel Graham, the present incumbent of said office.
Mr. Foster of the Senate put in nomination Hardin P. Bostick.
The convention then proceeded, viva voce, to elect a Comptroller of
the Treasury of the State of Tennessee.
Senators who voted for mr. Graham were:
Messrs. Gardner, Hardwicke, Johnson, Laughlin, Maclin, Martin,
Mathtews, Miller, Powell, Ross, Warner, Waterhouse and mr. Speaker
Turney—13.
The votes cast by the members of the House of Representatives for
-mr, Graham as reported beiug 38—in all 51.
Senators who voted for mr. Bostick were:
Messrs. Ashe, Bradbury, Foster, Frey, Jennings, Motley^ Nelson,
Peyton, Reneau, Sevier and Williams—11.
The votes cast by the members of the House of Representatives for
mr. Bostick as reported being 37—in all 48.
502
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Whereupon, the Speaker of the Senate declared that Daniel Gra-
ham was duly and constitutionally elected Comptroller of the Treasury
of the State of Tennessee, for and during the full term of two years
from this day, he having received a majority of the votes cast in said
convention.
Whereupon, on motion of mr. Johnson, a Senator, the convention
rose, and mr. Speaker Turney and gentlemen of the Senate retired to
their own chamber, and the Senate then resumed its session.
Oil motion of mr. Foster,
The Senate adjourned until 2 o'clock,?, m.
evening session.
iJ/r. Miller returned a bill to authorise and require the Entry Taker
of the Ocoee District to refund money in certain cases, by him with-
drawn for amendment, with the following amendment, in lieu of the
proviso to the first section of said bill, as follows:
"Provided, that in all cases, where under the second section of this
act, a certificate of entry ordered as the case may be, is returned as
therein prescribed, and a deed of relinquishment executed, then the
land so relinquished shall not be subject to entry at the price prevailing
at the time of such relinquishment; but it is hereby made the duty of
the Entry Taker of the Ocoee District to open such lands for entry at
the price for which they were entered by the party making such relin-
quishment, and shall remain open to entry at such price, the length of
time prescribed in the act disposing of the lands in the Ocoee District,
and if not entered in that time, then to fall to the next price, as desig-
nated in such act, and so on, until disposed ofwhich being read,
and the question, Shall said amendment be adopted in lieu of the pro-
viso to the first section of said bill ? was had and determined in the
negative—ayes 11, noes 14.
The ayes and noes being demanded by mr. Miller,
The affirmative voters were:
il/essrs. Ashe, Gardner, Maclin, il/artin, Matthews, Miller, Peyton,
Powell, Waterhouse, Williams andmr. Speaker Turney—11.
The negative voters were :
Messrs. Bradbury, Foster, Frey, Hardwicke, Jennings, Johnson,
Laughlin, Ledbetter, A/otley, Nelson, Reneau, Ross, Sevier and Warner
—14.
So said amendment was rejected.
When mr. Foster asked and obtained leave to withdraw said bill for
amendment.
Mr. Hardwicke in the chair.
The Senate, on motion of mr. Laughlin, took up and considered
certain resolutions from the House of Representatives, on the resump-
tion of specie payments by the banks within the State of Tennessee,
being the order of the day for this day.
Which being read, when mr. Sevier moved the indefinite postpone-
ment of said resolutions and amendments thereto.
THE SENATE.
503
And the question thereon being had, was determined in the nega-
ative—ayes 11, noes 14.
The ayes and noes being demanded by mr. Sevier,
The affirmative voters were:
Messrs. Bradbury, Foster, Frey, Jennings, A/iller, A/otley, Nel-
son, Peyton, Reneau, Sevier, and mr4. Speaker Turney—11.
The negative voters were :
Messrs. Ashe, Gardner, Hardwicke, Johnson, Laughlin, Ledbetter,
A/aclin, A/artin, A/atthews, Powell, Ross, Warner, Waterhouse, and
Williams—14.
So said motion to postpone indefinitely said resolutions and amend-
merits thereto was rejected.
Mr. Foster moved to amend the second resolution by striking out
after the words " hereby directed to apply," in the second line the
word "forthwith."
Which being read and considered by the Senate said amendment
was adopted.
Air. Ross moved that the Senate adjourn until 9o 'clock to-morrow
morning.
And the question thereupon being had, was determined in the nega
tive—ayes 11—nays 14.
The ayes and noes being demanded,
The affirmative voters were :
Messrs. Bradbury, Gardner, Hardwicke, Johnson, Laughlin, Alae-
lin, Matthews, Powell, Ross, Warner, and Waterhouse—11.
The negative voters were:
Messrs. Ashe, Foster, Frey, Jennings, Ledbetter, A/artin, A/iller,
A/otley, Nelson, Peyton, Reneau, Sevier, Williams and mr. Speaker
Turney—14.
So said motion to adjourn until to-morrow morning 9 o'clock, was
rejected.
Mr. Foster moved to amend the second resolution by inserting there-
in after the words "Planters Bank of Tennessee," the following: "if
they shall not resume specie payments as hereinafter ordered and re-
Solved, or such of said corporations as shall not resume specie pay-
meats as hereinafter directed and ordered, as it is the opinion of this
General Assembly such failure or refusal to resume specie payments
by said corporations, or either of them, will be a violation of their
respective charters-, and that the same will be forfeited."
Which being read, and the sense of the Senate thereon had, said
amendment was adopted.
Mr. Powell moved a reconsideration of the vote of the Senate,
adopting an amendment offered by mr. Foster to the second resolu-
lion.
Which motion is ordered to be entered.
On motion of mr. Ledbetter, said resolutions and amendments there-
to, was made the order of the day for Monday next.
The Senate, on motion of mr. Laughlin, took up and considered a
bill to increase the rate of interest on the State bonds (known as the
river bonds) to six per centum per annum, and for other purposes-—
JOURNAL OF
being the order of the day for this day—
When mr. Laughlin moved that said hill be made the order of the
day for Monday next.
And the question thereupon being had, was determined in the af-
firmative-—ayes 14—nays 10.
The ayes and noes being demanded,
The affirmative voters were:
Messrs. Bratfbury, Foster, Frey, Hardwicke, Jennings, Laugh-
lin, Ledbetter, Martin, Matthews, Motley, Nelson, Peyton, Ross,
and Warner—14.
The negative voters were:
Messrs. Gardner, Johnson, Maclin, Miller, Powell,- Reneau, Sevier,
Waterhouse, Williams, and mr. Speaker Turney—11.
So said motion making said bill the order of the day for Monday
next prevailed.
Mr. Ledbetter moved that the Senate now adjourn until to-morrow
morning 9 o'clock.
And the question thereupon being had was determined in the nega-
tive—ayes 10—nays 14.
The ayes and nays being demanded,
The affirmative voters were:
Messrs. Bradbury, Foster, Frey, Hardwicke, Jennings, Ledbetter,
Martin, Motley, Peyton, Reneau, and mr. Speaker Turney—10.
The negative voters were :
Messrs. Foster, Gardner, Johnson, Laughlin, Maclim, Matthews,
Miller, Nelson, Powell, Ross, Sevier, Warner, Waterhouse, and Wil-
liams—14.
So said motion to adjourn was rejected.
Mr. Williams moved that the Senate take up the consideration of a
bill upon its second reading to establish the county of Mulberry.
Mr. Ledbetter moved that the Senate now adjourn.
And said motion was declared to have precedence—and
The Senate adjourned until to-morrow morning 9 o'clock.
THURSDAY, JAN. 20, 1842.
A message from the House of Representatives, by mr. Mitchell their
clerk:
Mr. Speaker : The House of Representatives have taken up and
read a third and last time, a bill from the Senate to establish the coim-
ty of Putnam, to perpetuate the name and public services of General
Israel Putnam of the revolutionary war, and passed with amendments,
which I am directed to transmit to the Senate and ask a concurrence
therein.
The House of Representatives have taken up and considered a res-
olution of the Senate, appointing a committee of three on part of the
Senate to act with such committee as shall be appointed on part of
the House of Representatives to ascertain the number of journals of
the present General Assembly to be printed, and to report the proprie-
ty of causing to be bound one hundred copies of the journals, twenty-
THE SENATE.
50 $
iive for the Senators and seventy-five for the House of Representatives.
In which the House of Representative^ concur.
The House of Representatives have considered and adopted a reso-
lution directory to the Secretary of State relating to a land warrant
referred by a resolution of the General Assembly of the 27th Septem-
ber, 1832, to the Secretary of State for the State of Tennessee—-which.
I am directed to transmit to the Senate and ask a concurrence there-
an.
The House of Representatives have adopted a resolution appoint^
ing his Excellency the Governor of the State of Tennessee, and the
Secretary of State, commissioners to equire into the validity of the ti-
tie to the land upon which the Lunatic Asylum is situate, and to pro-
cure a title for the same—"which I am directed to transmit to the Sen-
ate and ask a concurrence therein.
The House of Representatives have taken up and considered the
amendment of the Senate made to the bill from the House of Repre-
sentatives to establish the county of JWacon and concur therein.
Thq House of Representatives have taken up and read the petition
of James Spencer, a citizen of Monroe county, relating to entry no.
2S6, made in the office of the Entry Taker of the Ocoee District, and
praying relief—which I am directed to transmit to the Senate.
And then he withdrew.
ilfr. Laughlin presented the petition of a hundred and twenty-one
citizens of Coffee county, praying an amendment to the charter of
the Pelham and Jasper Turnpike company.
Which being read, was, on motion of mr. Laughlin, referred to the
committee on Internal Improvement.
The Senate, on motion of mr. Williams, took up and considered a
bill to establish the county of Mulberry.
Which bill was read a second time and passed.
The Senate, on motion of mr. Sevier, took up and considered a bill
from the House of Representatives relating to the adjudication of land
warrants.
Which being read a third time—when mr. Sevier moved to amend
said bill by adding thereto the following, to-wit:
Sec. 5. Be it enacted, That it shall and may be lawful for the SeC-
retary of State, under the rules and regulations prescribed in the first
and second sections of this act, to adjudicate all claims for deficiency
of boundary south and west of the congressional reservation line, and
issue a certificate therefor to the proper person: Provided, the defL
ciency of boundary exceeds a loss of ten acres in each hundred acres
contained in said warrant.
Mr. Laughlin moved to amend the amendment offered by mr. Sevier*
by striking out of the same, after the word "claims," the following:
"for deficiency of boundary south and west of the congressional re-
servation line, and issue a certificate therefor to the proper person:
Provided, the deficiency of- boundary exceeds a loss of ten acres in
each hundred acres contained in the warrant;" and to^ add thereto, after
the word "claims," the following: "when any grantee, living either
south and west or west and east of the congressional teservatipn line,
506
JOURNAL OF
has not the quantity of land included in his actual lines and bounda-
lies called for in his grant, and a certificate warrant may issue to such
grantee, or his assignee, for such deficiency, on due proof of such de-
ficiency, and on satisfactory proof that the person applying for the
same is the assignee of such grantee, or is the actual owner of the
land called for in such grant, and on proof that such deficiency has
not been heretofore satisfied by the issuance of a duplicate or certifi-
cate warrant for the same."
k Which being read, and the question, Shall said amendment be
adopted? was had and determined in the negative—ayes 3, nays 19.
The ayes and noes being demanded by mr. Sevier,
The affirmative voters were:
Messrs. Jennings, Peyton, and Sevier—3.
The negative voters were:
Jliessrs. Ashe, Bradbury,, Foster, Frey, Gardner, Johnson, Laugh-
lin, Ledbetter, Maclin, .Martin, Matthews, il/iller, Nelson, Powell,
Reneau, Ross, Warner, Waterhouse, and mr. Speaker Turney—19.
So said amendment was rejected.
Mr. Gardner moved to amend said bill by inserting in the amend-
ment of mr. Foster to the second section of said bill and adopted,
after the words "affixed," the following: "for \Hiich the Secretary
of State shall receive fifty cents as a fee for his services in affixing the
Stnte seal to such certificates in each case."
Which being read, and the sense of the Senate thereon had^ said
amendment 'was adopted.
And said bill as amended was read a third and last time, and the
question upon the passage of said bill being had, it was determined in
the negative—ayes 7, nays 16.
The ayes and noes being demanded,
The affirmative voters were:
Messrs. Ashe, Hardwicke, Laughlin, Miller, Powell, Ross, and
Warner—7.
The negative voters were :
Messrs. Bradbury, Foster, Frey, Gardner, Jennings, Johnson, Led-
better, Maclin, Martin, Matthews, Nelson, Peyton, Reneau, Sevier,
Waterhouse, Williams, and mr. Speaker Turney—16.
So said bill as amended was rejected upon its third and last reading
in the Senate, and was ordered to be transmitted to the House of Rep-
resentatives.
Mr. Ledbetter moved a re-consideration of the vote of the Senate,
rejecting upon its third and last reading in the Senate a bill from the
House of Representatives relating to the adjudication of land war-
rants.
The Senate, on motion of mr. Powell, took up and considered a bill
to remit-to Johnson county the State Tax for the years 1S42—3.
Whichbeing read a third time—when mr. Johnson moved to amend
said bill by striking out, after the words " 1842 and and 1843," the
the word "remitted," and to insert in lieu thereof the word "appro-
priated."
Mr. Johnson moved further to amend the caption of said bill by
THE SENATE.
507
striking out the word « remitted," and to insert in lieu thereof the
word appropriated."
Which being read and considered by the Senate, said amendments
were severally adopted.
J\Ir. Ledbetter moved to amend said bill by adding thereto, the fol-
lowing:
Be it enacted, That the State Tax of the county of Cannon for the
next two years, or so much as may be necessary, be appropriated to
paying the balance due to building a court house and jail in said
county.
Which being read, and the question upon the adoption of said
amendment being had, was determined in the negative—ayes S, nays
12.
The ayes and noes being demanded,
The affirmative voters were:
Messrs. Bradbury, Jennings, Johnson, Laughlin, Ledbetter, Nelson,
Powell, and Williams—8.
The negative voters were:
Messrs. Foster, Frey, Gardner, Hardwicke, Martin, Matthews, Miller,
Peyton, Reneau, Warner, Waterhouse, and mr. Speaker Turney—12.
So said amendment was rejected.
And said bill as amended was read a third and last time, and the
question recurring upon the passage of said bill was h&4 and deter-
mined in the affirmative—ayes 16, nays 6.
The ayes and noes being demanded,
The affirmative voters were:
Messrs. Ashe, Bradbury, Foster, Gardner, Hardwicke, Jennings,
Johnson, Laughlin, J^edbetter, Martin, Miller, Powell, Reneau, Water-
house, Williams, and mr. Speaker Turney—16.
The negative voters were:
Messrs. Frey, Matthews, Nelson, Peyton, Sevier and Warner—6.
So said bill as amended was passed upon its third and last reading—
was ordered to be engrossed and transmitted to the House of Repre-
sentatives.
Mr. Bradbury introduced a bill to appropriate the State Tax of
Hardin county for two years to county purposes.
Which bill was read a first time and passed.
The Senate, on motion of mr. Bradbury, took up and considered a
bill requiring the collecting officers of Hardin county to make their re-
turns at Jackson.
Which bill was read a third and last time, and the question, Shall
said bill pass ? was had and determined in the affirmative.
So said bill was passed upon its third and last reading—was ordered
to be engrossed and transmitted to the House of Representatives.'
The Senate took up and considered a bill for the relief of such per-
sons as obtained a license tb retail liquor after the passage of the tip-
pling act of 1838, and before its promulgation.
Which bill was read a third and last time, and the question upon
the passage of said bill being had, was determined in the affirmative
—ayes 16, nays 8.
JOURNAL OF
The ayes and noes being demanded,
The affirmative voters were:
Messrs. Ashe, Bradbury, Gardner, Hardwicke, Jennings, Johnson,,
Lraughlin, Maclin, Martin, Powell, Sevier, Warner, Waterhouse, Wil-
liams and mr. Speaker Turney—16.
The negative voters were:
Messrs. Foster, Frey, Matthews, Miller, Nelson, Peyton, Reneau,
and Ross—8.
So said bill was passed upon its third and last reading—was order-
•ed to be engrossed and transmitted to the House of Representatives,
The Senate took up and considered a bill to authorize the Planters'
iBank to discontinue its branch at Athens and establish it at Chatta-
nooga, and for other purposes.
Which bill was read a third and last time, and the question upon
the passage of said bill was had, and determined in the affirmative—
ayes 16, nays 7.
The ayes and noes being demanded,
The affirmative voters were :
Messrs. Ashe, Foster, Gardner, Hard wicke, Johnson, Laughlin, Led-
better, Maclin, Martin, Powell, Ross, Sevier, Warner, Waterhouse Wih
liams and mr. Speaker Turney—16,
The negative voters were:
Messrs. Bradbury, Jennings, Matthews, Miller, Nelson, Peyton, and
Reneau—7.
So said bill was passed upon its third and last reading, and was o>
dered to be engrossed and transmitted to the House of Representatives.
Mr. Jennings introduced a bill providing in certain contingencies a
mode of holding the general elections of the State in the year 1843.
• Which bill was read a first time and passed.
The Senate took up and considered a bill for the relief of William
Isaac Rawlings.
Which bill was read a second time and passed.
The Senate took up and considered a bill to incorporate the Tennes-
see State Agricultural Society.
Which bill was read a second time and passed.
A message from the House of Representatives, by mr. Mitchell, theiff
clerk;
Mr. Speaker : The House of Representatives have read a third
and last time and passed the following entitled bills, to-wit:
A bill to incorporate the Nashville Dam aii(| Lock Company.
A bill to establish a Criminal Court in the county of Davidson.
A bill to amend the Criminal laws of this State.
A bill to amend^ the laws providing for the collection and paying
over the State taxes, and for other purposes,
A bill to prevent the release of property When a certiorari is sued
out under the pauper law, and for other purposes.
A bill to repeal the act of IS32, chap. 2(8, entitled an act giving the
Circuit Court jurisdiction of misdemeanors.
A bill to amend an act entitled an act tq amend an act entitled aa
THE SENATE.
act for the benefit of the widows of intestates, and for other purposes^
•passed 16th December, 1813, so as to extend to orphans.
A bill to authorize the issuing of grants in the Hiwassee District inj
certain cases.
A bill for the relief of persons building machinery propelled by wa-
ter power.
A bill to authorize the payment of certain moneys therein mention-
■ed to the common school district commissioners of the 11th school dis~
trict of McNairy county.
A bill to authorize spirituous liquors to be drank on the premises*
where sold.
A bill to amend the laws abolishing imprisonment for debt.
A bill for the relief of George C. Bradley, former jailor of Hawkins*
county.
A bill to amend the law in relation to official bonds.
A bill giving further time to former sheriffs to collect arrearages of"
taxes.
A bill to establish a Chancery Court in the county of Grainger,
•atid for other purposes.
A bill to amend the act of 1836, chap. 43, in relation to attachments.
A bill for the correction of certain mistakes in the entry of lands
in the Oeoee District, and for other purposes.
A bill relating to lands in the Ocoee District and the locations of en-
try for the same.
Which bills I am directed to transmit to the Senate and ask a con-
cnrrenee therein.
The House of Representatives have adopted a resolution directory
to the Superintendent of Public Instruction—which I am directed to
transmit to the Senate and ask a concurrence therein.
And then he withdrew.
The Senate took up and considered a bill from the House of Repro-
senatives to charter the District Central Turnpike Company.
Which being read, mr. Foster moved to amend said bill by adding
thereto the following proviso :
Provided, that nothing in this section, or any part of this act, shall
be so construed as to authorize the State to take stock, or to issue
bonds under any act or acts of the General Assembly of this State.
Which being read and considered by the Senate, said amendment
was adopted.
And said bill, as amended, was read a first time and passed.
The Senate took up and considered a bill from the House of Repre-
sentatives to extend the act of 1837-8, chap. 206, and to create a body
politic and corporate, to be called the Mutual Insurance Company of
Columbia; which bill was read a first time and passed.
Mr. Hardwicke in the chair, the Seriate took up and considered a
bill from the House of Representatives, to abolish and discontinue
spring musters and their courts martial and drills; which was read a
third time, when
Mr. Ledbetter moved to amend said bill as follows:
Sec. 5. Be it enacted, That all company officers shall hold their of-
510
JOURNAL OF
fices for five years from their election, and all regimental officers shall
hold their offices for six years from their election. Brigadier Generals
and Major Generals shall hold their offices for eight years from their
elections, and shall be commissioned accordingly ; which being read
and considered by the Senate, said amendment was adopted.
Mr. Ledbetter moved further to amend.said bill as follows:
Sec. 6. Be it enacted, That it. is hereby made the duty of the bri-
gadier general of the thirteenth brigade, composed of the counties of
Williamson and Rutherford, to hold a brigade camp drill near the line
between said counties once in each year, to commence on such day in
the month of September as the commanding officer may designate and
appofnt, and to continue not less than two, nor more than four days,
armed and equipped as the law directs, and under the same rules and
regulations heretofore prescribed for county drills: Provided, that no
commissioned officer below the grade of a captain shall be bound to
attend said drills, but the staff officers of each regiment attached to
said brigade, shall give their attendance under the penalties imposed
upon field officers for failing to, attend; which being read and consiff
ered by the Senate, said amendment was adopted.
And said bill, as amended, was read a third and last time, and the-
question recurring upon the passage of said bill, was had and deter-
mined in the affirmative—ayes 15, noes 9.
The ayes and noes being demanded,
The affirmative voters were :
Messrs. Ashe, Bradbury, Frey, Gardner, Laughlin, rjaclin, Nelson,
Peyton, Reneau, Ross^ Sevier, Warner, Wa-terhouse, Williams and mr.
Speaker Turney—15.
The negative voters were:
Messrs. Foster, Hardwicke, Jennings, Johnson, Ledbetter, Martin,
Matthews, Miller and Powell—9.
So said bill, as amended, was passed upon its third and last reading,
and was ordered to be transmitted to the House of. Representatives.
Ordered, that the clerk acquaint the House of Representatives with
the Senate's amendment to said bill, and ask a concurrence therein.
A message from the House of Representatives by mr. Mitchell their
clerk.
Mr. Speaker : The Speaker of the House of Representatives did
this day sign the following enrolled bills, entitled
An act to amend the law in relation to the exemption of certain pro-
perty from execution.
An act to establish the county of Macon.
Which I am directed to transmit to the Senate. And then he with-
drew.
Whereupon, the Speaker of the Senate signed said several enrolled
acts, and ordered that the same be re-transmitted to the House of Re-
presentatiyes, for the further action of the House thereon to be bad.
On motion of mr. Turney,
The Senate adjourned until a. o'clock, p. M-.
THE SENATE.
511
EVENING SESSION.
The Senate took up and considered a bill to suppress usury.
On motion of mr. Sevier, said bill was laid on the table.
The Senate took up and considered a bill to insure a more effectual
management of the Lunatic Asylum.
On motion of mr. Powell, said bill was laid on the table.
The Senate took up and considered a bill to improve the condition
of the Union Bank of Tennessee, and to reduce the d?bt of the State;
which bill was read a second time and passed.
The Senate took up and considered a bill to preventthe accumula-
tion of bad and doubtful claims in the- dealings of the penitentiary;
which bill was read a second time and passed.
The Senate took up and considered a bill from the House of Repre-
sentatives to incorporate the Nashville Dam and Lpck Company j
which bill was read a first time and passed.
The Senate took up and considered a resolution from,the House of
Representatives directory to the Superintendent,of Public, Instruction*
relating to the common school fund; which being read and considered,
the Senate concur therein.
Ordered, that said resolution be transmitted to thd* House of Repre-
sentatives—that the clerk announce to the House the Senate's concur-
rence therein. ^
The Senate took up and considered a bill from the House of Repre-
sentatives to establish a Criminal court in Davidson comity; which
bill was read a first time and passed.
The Senate took up and considered a bill from the House1 of Repre-
sentatives to amend the laws providing for the collection and paying
over the State aud county taxes, and for other purposes; which biU
was read a first time and passed.
The Senate took up and considered a bill from the House of Repre-
sentatives to amend the criminal laws of this State; which bill was
read a first time and passed.
The Senate took up and considered a bill from the House of Repre-
sentatives to prevent the release of property levied upon where a certio-
rari is sued out under the pauper law, and for other purposes,
Which hill was read a first time and passed.
The Senate took up and considered a bill to authorise the payment of
certain monies therein mentioned, to the common school district commis-
sioners of the Ilth school district of McNairy county.
Which bill was read a first time and passed.
The Senate took up and considered a bill to amend an act entitled an
act, to amend an act, entitled an act, for the benefit of the endorsers of in-
testates and for other purposes, passed 16th December 1813, so as ex-
tend to orphans,
Which bill was read a first time and passed.
The Senate took up and considered a bill from the House of Represen-
tatives, to repeal the act of 1832, chapter'22, entitled an act, giving the
Circuit court Jurisdiction of misdemeanors.
Said bill was read a first time and passed.
512
JOURNAL OF
The Senate took up and considered a bill from the House of Repre-
sentatives, for the Relief of persons building machinery propelled by wa-
ter power,
Which bill was read a first time and passed.
The Senate took up and considered a bill from the House of Represen-
tatives to authorise the issuing of grants in the Hi wassee district in certain
cases,
Which bill was read a first time and passed.
The Senate on motion of mr. Maclin, took up and considered a bill to
•establish the county of Coe,
Which bill was read a third and last time, and the question uponther
passage of said bill was had, and determined in the affirmative.
So said bill was passed upon its third and last reading, was ordered to
be engrossed, and transmitted to the House of Representatives.
Mr. Warner returned a.bill to repeal an act, entitled an act, to repeal
#11 laws licencing tipling houses, and for other purposes, by him with-
drawn for amendment, with the following amendment, in lieu of the whole
bill:
Be it enacted by the General Assembly of the State of Tennessee, That
the act passed on the 26th day of January 1838, ■ chapter 120, entitled
«n act, to repeal all laws licencing tipling houses, and for other purposes,
be and the same is hereby repealed, and that all laws repealed by said act
-are hereby revived and re-enacted, undpr the same rules, regulations and
restrictions, and in as full and complete a manner as if the law of 1838
bad never been passed,
Which being read, mr. Peyton moved an indefinite postponement of
said bill and amendments, and the question thereupon being had wasde-
termined in the negative—ayes 11, noes 12.
The ayes and noes being demanded by mr. Peyton,
The affirmative voters were :
Messrs. Ashe, Foster, Frey, Gardner, Ledbetter, Maclin, Martin, Mat-
thews, Peyton, Reneau, Ross and Sevier—11.
The negative voters were :
Messrs. Bradbury, Hardvvicke, Jennings, Johnson, Laughlin, Miller,
Nelson, Powell, Warner, Waterhouse, Williams and mr. Speaker Tur-
ney—12.
So said motion, indefinitely to postpone said bill and amendment there-
to, was rejected.
Mr. Martin moved to lay said bill and amendments on the table, and the
question thereupon being had, was determined in the negative—ayes 4,
noes 20.
The ayes and nays being demanded by mr. Martin,
The affirmative voters were:
Messrs. Bradbury, Hardwicke, Maclin and Martin—4.
The negative voters were:
Messrs. Ashe, Foster, Frey, Gardner, Jennings, Johnson, Laughlin,
Ledbetter, Matthews, Miller, Nelson, P< yton, Powell, Reneau, Ross,
Sevier, Warner, Waterhouse, Williams n il mr. Speaker Turney—20;
So said motion to lay said bill on the (able was rejected.
THE SENATE.
513
Jtfr. Jennings asked leave to withdraw said bill and amendment for
amendment.
And the question thereupon being had, was determined in the af-
firmative—ayes 12—nays 11.
The ayes and noes being demanded,
The affirmative voters were:
il/essrs. Bradbury, Ilardwicke, Jennings, Johnson, Lg.ughlin, .Mac-
iin, Martin, Miller, Nelson, Waterhouse, Williams, and mr. Speaker
Turney—12.
The negative voters were :
Messrs. Ashe, Foster, Frey, Gardner, Ledbetter, Matthews, Peyton,
Reneau, Ross, Sevier, and Warner—11.
And so mr. Jennings obtained leave to withdraw said bill and amend-
ment for amendment.
The Senate, on motion of mr. Sevier, took up and considered a bill
for the relief of Sheriff's in certain cases
"Which being read a third time—
Mr. Foster moved to amend said bill by striking out of the fourth
line of the first section after the worls "adjournment of the Court,"
the words " or from any cause."
Which being read and considered by the Senate, said amendment
was adopted.
Mr. Sevier moved to amend said bill by adding thereto the follow-
ing section to-wit:
Sec. 4. Be it enacted, That in all cases, where Sheriffs and collec-
tors in this State have heretofore been prevented (by a failure of the
court to he held) from returning the orders by vinue of whicli such
sheriff or collector had proceeded duly and legally to offer for sale the
lands of non-residents on which faxes were due and a portion thereof
failed to sell, it shall be the duty of the comptroller of the Treasury,
and all other officers of this State, to whom the law& make such sher-
iffs or collectors accountable for .the same to allow on settlement with
him or them a credit to said sheriff or collectors for the full amount of
that portion of the lands, that have thus failed to sell, under the same
rules, regulations and restrictions contemplated ill the second section
of this act.
Which being read—
Mr. Foster moved to amend the amendment offered by mr. Sevier,
by adding thereto the following:
Provided the provisions of the first and third sections of this act
shall not be extended to, or embrace any such failure or omission-oc-
curring after the passage of this act.
Which mr. Sevier accepts.
Which amendments being read and considered by the Senate, said
amendment was adopted.
And said bill as amended was read a third and last time, and the
question recurring upon the passage of said bill, was had and deter-
mined in the affirmative—ayes 22—nays 2.
The ayes and noes being demanded,
The affirmative voters were:
35
514
JOURNAL OF
Messrs. Ashe, Bradbury, Foster, Gardner, Hardwicke, Jennings,
Johnson, Laughlin, Ledbetter, A/aclin, Martin, Matthews, Miller,
lJeyton, Powell, Reneau, Ross, Sevier, Waruer, Watcrhouse, Williams
and mr. Speaker Turney—22.
The negative voters were :
Messrs. Frey, and Nelson—2.
So said bill as amended was read a third and last time and passed—
was ordered to be engrossed and transmitted to the House of Repre-
sentatives.
The Senate, on motion of mr. Turney, took up and considered a
resolution to amend the constitution, so a? to permit the supreme court
to be held, in the .Mountain District, i,n addition to the places now
held.
Which being rea.d a third time, and the question "Shall said resola-
tion be adopted ?" was had and determined in the affirmative—ayes
11»—nays 6.
The ayes and noes being, demanded,
The affirmative voters were :
Messrs. Bradbury, Gardner, Hardwicke, Jennings, Johnson,Laugh*,
lin, Maclin, Martin, Matthews, Miller, Powell, Reneau, Warner, Water-
house, Williams, and nm Speaker Turney—16.
The negative voters were:
Messrs. Ashe, Foster, Frey, Nelson, Ross, and Sevier—6.
$o said resolution was adopted a third time, was ordered to be erK
grossed and transmitted, to the House of Representatives.
Ordered that the clerF acquaint the House therewith and ask a con-
currence therein.
The Senate, on motion of mr. Laughlin, took up and considered a
bill to amend an act entitled an act to reform and amend the penal laws?
of the State of Tennessee, passed the 9th of December, 1329—when
Mr. Laughlin moved to amend said bill by inserting in the third
section of said bill after the words, "felpniously to steal the same,"
the words " provided the property shall be of the value of teu dollars,
or of greater value."
Which being read and considered by the. Senate,, said amendment
was adopted.
And said bill as amended was read a third and last time, and the
question recurring upon the passage of said bill, was had and deter-,
mined in the affirmative—ayes 13—nays 9.
The ayes and noes, being demanded,
The affirmative voters were :
Messrs. Ashe, Foster, Frey> Hardwicke, Jennings, Laughlin, Led-
better, Powell, Reneau, Ross, Sevier, Warner, and mr. Speaker Tur-.
ney—13.
The negative voters were:
Messrs. Bradbury, Johnson, Maclin, Martin, Matthews, Miller, Nelson,
Waterliouse, and Williams—9.
So said bill as amended was passed upon its third and last reading—
was ordered to be engrossed and, transmitted to the House- of Rejme-
sentatives.
THE SENATE.
515
Ordered that the clerk inform the House of Representatives of the
Senate's amendment to said bill and ask a concurrence therein.
The Senate took up and considered a bill from the House of Repre-
sentatives, to change the time of holding the circuit courts for the
county of McNairy and Hardeman, and to attach Tipton county to
the 10th judicial circuit.
When, mr. Ashe asked'and obtained leave to withdraw said bill for
amendment.
The Senate took up and'considered a bill to - make provision for the
Supreme court of errors and appeals.
Which being read, mr. Foster moved to-amend by striking out the-
preamble thereto.
Which being read and considered .by the Senate, said amendment
was adopted.
And said bill as amended was read a third and last time, and the
question upon the passage of said bill' being had was determined in
the affirmative—ayes 13—nays 9.
The ayes and noes being demanded by mr. Sevier,
The affirmative voters were ;
Messrs. Ashe, Foster, Hardwicke, Jennings, Laughlin, Ledbetter,.
Maclin, Afartin, Ross, Sevier, Warner, Williams and mr. Speaker Tur-
ney—13.
The negative voters were :
Messrs. Bradbury, Frey, Johnson, Aiatthews, A/iller, Nelson, Pow-
ell, Reneau, and Waterhouse—9.
So said bill was passed upon its third and last reading—was order-
ed to be engrossed and transmitted to the House of Representatives.
The Senate took up and considered a bill making compensation to
Willoughby Williams, assignee of John C. McLemore, for certain val-
uable record books, now in the Secretary's office.
- Which bill was read a second time—when mr. Laughlin.,submitted
the following iti writing:
On motion of mr. Laughlin the said bill was referred to the commit-
tee on the judiciary, with instructions to/examine and report to the
Senate the use and value of the books proposed to be sold to the State
under said bill, and report whether the .hooks are the property of Wii-
loughby W illiams.
Which being read, and the question upon the reference of said bill
to the committee on the Judiciary With instructions, as moved by mr.
Laughlin, being had, was determined in the negative—ayes 10—nays
11.
The ayes and noes being demanded,
The affirmative voters w;ere :
Messrs. Hardwicke, Jennings, Laughlin, Maclin, Afartin, Afatthews,
Peyton, Powell, Ross, and* Warner—10.
The negative voters were:
Messrs. Bradbury, Foster, Frey, Johnson, Ledbetter, .Miller, Re-
neau, Sevier, Waterhouse, Williams and mr. Speaker Turney—11.
So said motion to, refer said bill with instructions to the committee
on the Judiciary was rejected.
51G
JOURNAL OF
My. Ttirney moved the indefinite postponement of said bill.
And the question thereupon being had, was determined in the af-
fiirmative—ayes 12—nays 9.
The ayes and noes being demanded,
The affirmative voters were :
Jl/essrs. Bradbury, Foster, Frey, Johnson, Ledbetter, Jifatthews,
_ il/iller, Reneau, Sevier, Waterhouse, Williams, and mr. Speaker Tur-
ney—12.
The negative voters were:
Messrs. Hardwieke, Jennings, Laughlin, iJ/aclin, Jfefartin, Peyton,
Powell, Ross, and Warner—9.
So said bill was indefinitely postponed.
Mr. Ledbetter introduced a bill to preserve the original acts and res-
olutions of the General Assembly of this State.
Which bill was read a first time and passed.
On motion of mr. Gardner, the committee on the Judiciary from the
further consideration of a bill to regulate the time of holding the cir*
cuit courts of the counties of Henry, Weakly and Obion, were dis-
charged.
Mr. Gardner asked and obtained leave to withdraw said bill for
amendment.
On motion of mr. Reneau,
The Senate adjourned until to-morrow morning 9 o'clock.
FRIDAY, JAN. 21, 1842.
Mr. Nelson presented a petition of Samuel Martin, of Campbell
Station, East Tennessee, praying the election of Senators to the Con-
gress of the United States— the building of a road from the Mississip-
pi to the Virginia line—the protection of Domestic Manufactures—
the raising of wool—the exemption of sheep from execution in civil,
and criminal cases—and foj' other things mentioned in said petition.
Which being read—
motion of mr. Nelson, it was ordered that said petition be trans-
anrrM to the House of Representatives.
The .Senate took up and considered a bill from the House of Repre-
^ntatives relating to lands in the Ocoee District and the locations of
Mitry for the same ; which bill was read a first time and passed, and
On motion of mr. Miller, said bill was referred to the committee on
public lands.
The Senate took up and considered a bill from the House of Repre-
sentatives to prevent the release of property levied upon, where acer-
tiorari is sued out under the pauper law; which being read,
Mr. Foster moved to amend the fitst section of said bill, by striking
out after the words " giving bond and security," the words " as in case
of other previous suing out a certiorari," and to insert in lieu thereof
the words " in a sum equal to the value of the property levied upon,
or equal to the debt and cost, if the value of the property levied
upon shall exceed the debt and cost, which bond shall be payable to
THE SENATE,
517
the plaintiff in the suit;" which being read, and the sense of the Se-
mate thereon had, said amendment was adopted.
And said bill, as amended, was read a secpnd time and passed.
The Senate, 011 motion of mr. Jennings, took up and considered a
bill from the House of Representatives to incorporate the Nashville
Dam and Lock Company.
Ou motion of mr. Jennings, said bill was laid on the table.
Mr. Williams introduced a bill to amend an act entitled an act to
prescribe certain duties to be performed by the clerks of the several
courts in this State, and for other purposes; which bill was read a
first lima and passed.
.The Senate took up aud considered a bid from the IIouce of Rep re-
sentatives relating to lands in the Oeoee District ami the locations of
2ntry for the same; which bill was read a fir 4 time t ud p is cd.
On motion of mr. Miller,.said bill was referred to the cm nnnittee on
public lands.
The Senate, on motion of mr. Miller, took up aud considered a bill
from the House of Representatives f tr the coireclion of eeilain mis-
takes in the entry of lands in the'Oeoee District, and for other pur-
poses; which bill was read a first time aud passed.
On motion of mr. Miller, said bill was referred to the committee on
public lauds.
The Smnte took lip and considered a bill from the IIousc of IVpre-
sentatives for the relief of George C. Era ell ey, former sheriff of Ilaw-
kins county; which bill was read a first time and passed.
On motion of mr. Foster, said bill "was referred to the committee on
claims.
The Senate took up and considered a bill from the Home of Reprc-
sentatives to amend the law abolishing imprisonment for debt; which
bill was read a first time and passed.
The Senate took up and considered a bill from the IIousc of Rcpre-
sentatives to amend the law in relation to 'official bonds; which was
read a first time aud passed.
The Senate took up and considered a hill from the House of Ropre-
sentatives giving further time to former sheriffs to collect arrearages of
taxes; which bill Was read a first time and passed.
The Seuate took up and considered a bill from the House of Repre-
sentatives to establish a Chancery court in the county of Grainger, and
for other purposes; which bill was read a first time and passed.
The Senate took up and considered a bill to amend the act of 1836,
chap. 43,in relation to attachments; which bill was read a first time
and passed.
Mr. Hardwicke submitted the following:
Resolved by the General Assembly of the State of Tennessee,
That tlie Senate meet the House of Representatives in their Hall, on
, the inst., to elect three Inspectors for the penitentiary,
for the ensuing two years; which being read, was laid on the table.
Mr. Nelson introduced a bill to provide for the payment of costs in
criminal cases by the County courts; which bill was read a first time
and passed.
518
JOURNAL OF
The Senate took up and considered a bill from the House of Repre-
sentatives to prevent the release of property levied upon, where a cer-
tiorari is sued out under the pauper law, and for other purposes;
which bill was read a second time, when
Mr. Foster moved to amend said bill by striking out of the first sec-
tion,after the words "by giving bond and security,".the words "as in
cases of other persons suing out a. certiorari," and to insert in lieu
thereof the following: "in a sum equal to the value of the property
levied upon, or equal to the debt and cost, if the value of the pro-
perty levied upon shall exceed the debt and cost, which bond shall be
payable to the plaintiff in the suitwhich being read, and the sense
of the Senate thereon had, said amendment was adopted.
Mr. Nelson moved the indefinite postponement of said bill, and the
question thereon being had, was determined in the negative—ayes 10,
noes 11.
The ayes and noes being demanded,
The affirmative voters were:
il/essrs. Frey, Jennings, Laughlin, Maclin, Martin, Miller, Nelson,
Peyton, Powell and mr. Speaker Turney—10.
The negative voters were:
Messrs. Bradbury, Foster, Johnson,. Ledbetter, Matthews, Reneau,
Ross, Sevier, Warner, Waterhouse and Williams—11.
So said motion, indefinitely to postpone said bill, was rejected.
So said bill, as amended, was read a second time, and tiie question
upon the passage of said bill was had, and determined in the affirma-
tive—ayes 12, nays 11.
The ayes and noes being demanded,
The affirmative voters were :
Messrs. Ashe, Bradbury, Foster, Hardwirke, Johnson, Ledbetter,
Reneau, Ross, Sevier, Warner, Waterhouse and Williams—12.
The negative voters were :
J/essrs. Frey, Jennings, Laughlin, Maclin, Martin, Matthews, Miller,
Nelson, Peyton, Powell and mr. Speaker Turney—11.
So said bill was paesed upon its second reading.
The Senate took up and considered a bill from the House of Repre-
sentatives to amend the criminal laws of this State; which bill was
read a second time and passed.
The Senate took up and considered a bill from the House of Repre-
sentatives to extend the act of 1837-8, and to create a body politic and
corporate, to be called the Mutual Insurance and Trust Company of
Columbia ; which bill was read a second time and passed.
The Senate took up and .considered a bill from the House of Repre-
sentatives to authorise the transfer of certain civil suits from Bradley
county to Polk county ; which bill was read a second time and passed.
The Senate took Up and considered a bill from the House of Repre-
sentatives to charter the District Central Turnpike Company.
The Senate took up and considered a bill to establish a Criminal
court in Davidson county ; which bill was read a first time, when
Mr. Jl/artin moved to amend said bill, and offered the following
amendment, to-wit:
THE SENATE.
519
Sec. 12. Be it enacted. That"the judge of said court shall not be
permitted to practice in the courts of law in this State, or to practice
in the courts of chancery in this State ; which being read,
Mr. Jennings offered the following amendment in lieu of the amend-
ment proposed by mr. Martin, as follows:
Sec. 12. Be it enacted, That the judge of the court hereby created
shall be, and he is hereby forbidden to appear or be employed as an
attorney, counsellor or advocate, in any criminal case before any court
of this State.
Which being read, mr. Martin afterwards withdrew his amendment.
• Mr. Ross moved to amend said bill by striking out of the first sec-
tion, after the words " annual salary of," the words " one thousand,"
and insert in lieu thereof the words "fifteen hundred;" "which being
read, and the question upon the adoption of said amendment being
had, was determined in the negative—ayes 12, noes 12.
The ayes' and noes being demanded,
The affirmative voters were:
Messrs. Ashe, Bradbury, Foster, Frey, Jennings, Maclin, Jl/artin,
Nelson, Peyton, Powell, Ross,and Sevier—12.
The negative voters were :
Messrs. Gardner, Hardwicke, Johnson, Laughlin, Ledbetter, Mat-
thews, Miller, Reneau, Warner, Waterhouse, Williams and mr. Speak-
er Turney—12.
So said amendment was rejected.
Mr. Martin moved to amend said bill by striking out of the first
section, after the words "annual salary of," the words "one thou-
sand," and to insert in lieu thereof, the words "twelve hundred."
Which being read, mr. Warner moved the indefinite postponement
of said bill, and the question thereupon being had, was determined in
the negative—ayes 7—nays 17.
The ayes and noes being demanded,
The affirmative voters were:
Messrs. Johnson, Ledbetter," Matthews, Miller, Warner, Waterhouse,
and mr. Speaker Turney—7.
The negative voters were :
Mesjsrs. Ashe, Bradbury, Foster, Frey, Gardner, Hardwicke, Jen-
nings, Laughlin, Maclin, Martin, Nelson, Peyton, Powell, Reneau,
Ross, Sevier, and Williams—17.
So said motion, to postpone said bill indefinitely was rejected.
• Mr. Mdrtin again moved to amend said bill, and offered the amend-
ment by him withdrawn, and enrolled upon the journal above.
Which being read, mr. Jennings again offered the amendment as
above enrolled upon the journal, in lieu of the amendment proposed
by mr. Martin, when mr. Williams submitted the.followingin writing;
The Senator from Grainger moves that the bill to establish a Crimi-
nal Court in Davidson county, be referred to the committee upon the
Judiciary, with instructions to inquire into the expediency of estab-
fishing in each county in this State a Criminal Court with jurisdiction
over all misdemeanors, or of extending such jurisdiction to the Coun-
•ty Court, and that they report by bill or otherwise.
520
JOURNAL OF
Which being read, and the question of reference thereupon being
had, was determined in tiie affirmative—ayes 17, nays 6.
The ayes and noes being demanded,
The affirmative voters .were-:
Messrs. Ashe, Foster, Gardner, Hardwicke, Jennings, Johnson,
Laughiin, Maclin, martin, Matthews, Miller, Peyton, Ross, Sevier,
Waterhouse, Williams and mr. Speaker Turney—17.
The negative voters were ;
Messrs. Bradbury, Frey, .Ledbetter, Nelson, Reneau, and Warner
—G.
So said motion to refer said bill to the committee on the Judiciary
prevailed.
A message from the House of Representatives by mr. Mitchell their
clerk.
Me. Speaker: The House have taken, up and considered a mcs-
sage from the Senate, transmitting sundry resolutions adopted by the
Senate, proposing to cede that part of Tennessee commonly called
East Tennessee to the General Government, for the purpose of being
created into a separate and independent State sovereignty, and for
other purposes, which the House of Representatives lias amended, by
inscrtirrr in the first resolution in the tenth line, after the words "to
lie called," the words "the Stale of." The House of Representatives
further amended said resolutions by striking out the second resolution
and adding thereto the following:
JDs it further Resolved, That the portion of East Tennessee com-
prised in the Ocoee and Iliwassce District, shall not constitute a part
of the State of Franklatid without the consent of the people of said
District.
And with said amendments the House of Representatives concur
therein, which I am directed to transmit to the Senate and ask the con-
currenre of the Senate in said amendments.
The House of Representatives have taken up and read the petition
of sundry citizens of Hardeman county, praying that the Legislature
pass a law exempting James L. Moss and Jeremiah Gressum from the
pajmmnt of taxes^ Which I am directed to transmit to the Senate.
And limn lie withdrew,
The Senate adjourned until 2 o'clock, r. m.'
EVEXINC- SESSION.
Mr. Hardwicke in the Chair,
The Senate, on motion of mr. Turnev, ordered that a bill establish-
ing the county of Putnam, be retransmitted to the House of Repre-
sentatives, at the request of the R< presentative from Jackson county.
Ordered that the clerk acquaint tiie House of Representatives there-
with.
The Senate took up and considered a bill from the House of Rep-
resenlativcs for the relief of persons building machinery propelled by
water power.
Which bill was read a second time and passed.
THE SENATE.
521
A message from tiie House of Representatives, by mr. Mitchell, their
clerk: \
Mr. Speaker: Tie House of Representatives hgve taken up and
read a third and last time and passed the following entitled bills, to-
wit: \
A bill to regulate tie draining r»f swamp lands.
A bill to amend the act of 1827, chap. 57, and the act of 1829.,
chap. 11. I
A bill to amend the 13th section of the act of 1835, relative to tax:
•collectors.
A bill to regulate tlia duties of clerks in certain cases.
Which I am directed to transmit to the Senate and ask a concur-
rence therein. And tlnii he withdrew.
The Senate took up a\id considered a message from his Excellency
the Governor of the StlLo of Tennessee, transmitted to the Senate
through the Secretary oh State, enclosing a resolution adopted by the
'General Assembly of tile State of Alabama at its lath sc..'ion, pro-
testing against an act of fye Congress of the United Status, pa:sil at
the late extra session, hpmmoiily called the distribution act, and
against receiving any of t^ moneys arising from the sjIjs o ' ] ublio
lands and assigned to thel State of Alabama under the provisions of
said act.
Also, a resolution in fator of the admission of the Republic of
Texas into the Union upon an equal footing with other States of the
American Confederacy,
Which being read, was, oh motion of mr. Ledbetter, ordered to be
transmitted to the House of Representatives.
A message from the House of Representatives, by mr. Mitchell, their
clerk: \
Mr. Speaker: The Houfee of Representatives have adopted a
resolution directory to the Cpinptroller of the Treasury relative to a
settlement with the slicriif of Humphreys county, which I am directed
to transmit to the Senate, and ask a concurrence therein.
The Senate took up and considered a bill from the House of Ropre-
sentatives to repeal the act of 1832, chap. 22, entitled an act giving the
Circuit court jurisdiction of nuisances; which bill was read a second
time, and the question upon the passage of said bill was had and de-
termined in the negative—ayes 11, noes 11.
The ayes and noes being demanded,
The affirmative voters were :
Messrs. Bradbury, Frey, Johnson, Laughlin, Maclin, Martin, Nelson,
Peyton, Powell, Waterhouso and mr. Speaker Turney—11
The negative voters were ;
Messrs. Foster, Gardner, Hardwicke, Jennings, Ledbetter, Matthews,
Miller, Reneau, Ross, Warner and Williams—11.
So said bill was rejected on its second reading.
Ordered, that said bill be transmitted to the House of Representa-
tives—that the clerk announce to the House the rejection of said bill
by the Senate.
The Senate took up and considered a bill from the House of Repre-
522
JOURNAL OF
sentatives to amend the laws providing for the collection and paying
over the State and county taxes, and for other purposes; which bill
was read a second time and passed.
The Senate took up and considered a bill to amend an act entitled
an act to amend an act entitled an act for the benefit of the widows of
intestates, and for other purposes, passed 16th Dec., 1813, so as to ex-
tend to orphans; which bill was read a second tune and passed.
The Senate took up and considered a bill to authorise the payment
of certain moneys therein mentioned, to the common school district
commissioners of the 11th school district of AfcNairy county; which
bill was read a second time and passed. '
The Senate took up and considered a bill to authorise the assurance of
grants in the Hiwassee district, in certain cases,
Which bill was read a second time and passed.
The Senate took up and considered a message from the House of Rep-
resentatives transmitting a resolution director; to the ^Comptroller of the
Treasury relating to the payment ol taxes by the Sheriff'of Humphreys
county,
Which being read, the Senate concur there'n.
Ordered that the clerk acquaint the House of Representatives there-
with.
The Senate took up and considered a bill to amend the act of 1827,
chapter 57, and that act of 1829, chapter 11.
Which bill was read a first time and passed.
The Senate took up and considered a'bill to amend the 13th section of
the act of 1835, chapter 15, relative to tax collectors,
Which bill was read a first time and passed.
The Senate took up and considered a biil to regulate the duties of clerks
in certain cases,
Which bill was read a first time and passed.
The Senate took up and considered a bill to regulate the draining of
swamp lands,
Which bill was read a first time and passed.
The Senate on motion of rnr. L^dbetter took up and considered the
vote of the Senate rejecting a bill from the House of Representatives re-
lating to the adjudication of land warrants upon its third and last reading,
and the Senate further considering said motion agree to re consider said
bill.
Mr. Laughlin moved that the Senate re-consider the vote of the Senate
adopting an amendment proposed by mr. Gardner to the amendment of
mr. Foster, to the second section of said bill, and the Senate further con-
sidering said vote, said motion prevailed.
And said amendment so offered to the amendment of mr. Foster as
adopted to the second section of said bill, being read, and the question
upon the adoption of said amendment being had, was determined in the
affirmative—ayes 13, noes 10.
The ayes and noes being demanded,
The affirmative voters were:
THE SENATE.
523
Messrs. Ashe, Gardner, Hardwicke, Jennings, Laughlin, Maclin, Mat-
thews, Miller, Nelson, Powell, Ross, Sevier and Warner—13.
The negative voters were :
Messrs. Bradbury, Foster, Frey, Ledbetter, Maclin, Peyton, Reneau,
Waterhouse, Williams and mr. Speaker Turney—10
So said amendment was adopted.
And said bill as amended, was read a third and last time, and the ques-
tion recurring upon the passage of said bill being had, was determined
in the affirmative—ayes 12, noes 11.
The ayes and noes being demanded,
The affirmative voters were :
Messrs: Ashe, Foster, Gardner, Hardwicke, Jennings, Laugldin, Mac-
lin, Martin, Powell, Ross, Sevier and Warner—12.
The negative voters were :
Messrs. Bradbury, Frey, Ledbetter,Matthews, Miller, Nelson,Peyton?
Reneau, Waterhouse, Williams and mr. Speaker Turney—11.
So said bill as amended was passed upon its third and last reading, was
ordered to be transmitted to the House of Representatives.
Ordered that the clerk acquaint the House of Representatives with
the Senate's amendments to said bill, and ask a concurrence therein.
The Senate on motion of mr. Foster, took up and considered a mess-
age from the.House of Representatives, transmitting an amendment of
the House of Representatives, in lieu of an amendment of the Senate to
the second section of a bill from the House of Representatives, to amend
an act to reform and amend the penal laws of the State of Tennessee,
passed December 9th, 1829, asking the Senate to concur therein—the
Senate considering said message, concur in the amendment of the House
ot Representatives, made in lieu of the Senate's amendment to said bill.
Ordered that said bill be transmitted to the House of Representatives,
and that the clerk announce the concurrence of the Senate, in the amend-
iment of the House of Representatives to the amendment of the Senate to
said bill.
The Senate took up and considered a bill from the House of Repre-
sentatives to change the time of holding the Circuit courts lor the counties
of Jl/cNairy and Hardeman, a-nd to attach Tipton county to the tenth Ju-
dicial Circuit.
Which bill Was read a second time, when mr. Ashe moved to amend
said bill by striking out of the caption, and wherever the same occurs in
said bill, (he woid u Tipton," and to insert in lieu thereof the word
"Jl/cNairy."
Mr. Bradbury moved to lay said amendment on the table, and the ques-
tion thereupon being had, was determined in the affirmative—ayes 11,
noes 10.
The ayes and noes being demanded by mr. Bradbury,
The affirmative voters were :
Messrs. Bradbury, Frey, Jennings, Laughlin, Ledbetter, Matthews,
Miller, Nelson, Reneau, Waterhouse, and mr. Speaker Turney—11.
The negative voters were :
124
JOURNAL OF
Messrs. Ashe, Hardwicke, Johnson, M&clin, Martin, Peyton, Powell,
Ross, Warner and Williams—10,
So said moiion to lay said amendment on the table prevailed, when mr.
Ashe asked and obtained leave to withdraw said bill for amendment.
On motion of mr. Nelson,
The Senate adjourned until to-morrow morning 9 o'clock.
SATURDAY, JAN. 22, 1S42.
Mr. Ross presented a memorial from 76 citizens of Giles county, in-
structing the Senator and Representatives from that district to elect Sena-
tors to the Congress of the United States, in the usual way,
Which being read, on motion of mr. Ross said memorial was transmit-
ted to the House of Representatives.
JMr.'M-udin chairman of the committee on public lands, to vvhorn had
been rehired a bill from the House of Representatives, relating to lands
in the Ococe district, and the locations of entry for the. same—Reports,
that said committee have had the same under consideration and think the
provisions contained in said bill reasonable and proper, that said com-
mittee hud instructed him to report said bill and to recommend its pass-
age, ' ' '
And said bill being read, mri Waterhouse moved to-amendsaiu bill by
. striking» ut of the first section the words "three, hundred and twenty,
four hundred and eighty, and six hundred and forty," and the question
thereupon being had, was determined in the affirmative—ayes 12, noes
11.
The ayes and noes being-demanded,
The affirmative voters were :
Messrs. Ashe, Bradbury, Frey, Hardwicke, Johnson, Laughlin, Nelson, ■
Powell, Reneau, Warner, Waterhouse and Williams—12.
The negative voters were :
Me,shis. Foster, Gardner, Jennings, Maelin, Martin,. Matthews, Miller,
Peyton, Ross, Sevier and mr. Speaker Turney—1J.
So said amendment was adopted.
And said bill as amended was read a second time and passed.
Mr. .Warner chairman of the committee on Claims, to whom had been
referred a bill from the Plouse of Representatives, for the relief of Geo.
C. Bradley, former Sheriff of Hawkins county—Reports, that said com-
mittee have had the .same under consideration, and are of opinion that the
provisions contained in said bill, and the relief asked for.is proper and
6hould be granted, that said committee has instructed him to report said
bill and to recommend its passage,
And said hdl was read a second time, and the question upon the pass-
age of said bill was had, and determined in the affirmative—ayes 18, noes
5.
The ayes and nays being demanded,
The affirmative voters were :
Messrs. Ashe, Bradbury, Foster, Gardner, Hardwicke, Jennings,
THE SENATE.
525
Jofipson, Laughliiij Ledbetter,.Maclin, Matthews, Miller, Powell, Reneau,
Warner, Waterhouse, Williams and mr. Speaker Turney—18.
The negative voters were:
Messrs. Frey, Nelson, Peyton, Ross and Sevier—5.
So said bill was passed upon its second reading.
Mr^ Foster chairman of the committee on the Judiciary, to whom had
been referred a bill from the House of Representatives, to authorise the
Goverripr of Tennessee to commute capital punishments to imprisonment
for life \a the Penitentiary, in certain cases—Reports, that said commit-
tee have had the same under consideration, and thinks its provisions are
proper, ^fid that said committee had instructed him to report said bill and
recommend its passage.
Wheredpon said bill was read a Second time and passed.
Mr. Foster chairman of the committee on the Judiciary, to whom had
been referred a bill from the House of Representatives to amend the
laws in relation to forcible entry and detainer—Reports, that said com-
mittee havehdd the same under consideration, that said committee think
its provisions are proper, and have instructed him to report said bill and
to recommend its passage,
Which bill was read a second time, when mr. Foster moved to amend
said bill by inserting in the fourth section after the words "removed by
certiorari," the word "appeal."
Mr. Foster moved further to amend sdid bill, by striking out of th©
6th section, after the words "shall be rendered and," the following
words: " cither party may at any time before the writ of possession
or final judgment is executed, take the caese to the Circuit court, on
giving," and to insert in lieu thereof the following: "from judgments
rendered under the provisions of this act, either party shall have the
right to take the cause to the Circuit court by^appeal or certiorari, un-
der the same rules, provisions and regulations, that appeals and certio-
rari are granted and taken in other causes by law, and if the applicant
for the appeal or certiorari cannot avil himself of the pauper law said
applicant shall give."
Mr. Foster moved further to amend said 6th section, by inserting in
the Ilth line, after the words "suing out such certiorari," the words
"or appeal." mr. Foster movecl to amend the 6tlVsection, by insert-
ing after the words "obtain the certiorari," in the l?th line, the words
" or appeal." mr. Foster moved further to amend s^id bill in the 19th
line of the 6th section, after the words "obtain the certiorari," the
words "or appeal;" which several amendments beihg read, and the
sense of the Senate thereon had, were adopted. And said bjll, as
amended, was read a second time and passed.
Mr. Foster, chairman of the committee on the judiciary, to whom
had been referred a bill to amend an act entitled an act to amend the
penal laws of the State of Tennessee, passed 9th day of Dec., 1839—
Reports, that said committee have had the same under consideration,
and that said committee had instructed him to report said bill, and to
state, that a similar law to the one contained in and set forth in said
bill, had been passed at the present session of the General Assembly,
and to recommend its rejection.
526
JOURNAL OF
And so said bill was rejected.
Mr. Foster, chairman of the committee on the judiciary, to whom
had been referred a bill to facilitate the punishment of crimes of per-
jury and subornation of perjury—Reports, that said committee have
had the same under consideration, and deem its provisions improper,
and should not be passed. That said committee had instructed him to
report said bill, and in said report to recommend the rejection of caid
bill. Which report being read, the Senate concur therein. So said
bill was rejected upon its reading,
Mr. Foster, chairman of the committee on the judiciary, to whom
had been referred a bill to divide the interest of the Gibson county
academy fund between the Trenton iUale and Female Academy—
Reports^ that said committee have had the same under consideration,
and are of opinion that its provisions are improper, and that said bill
ought not to pass. That said committee had instructed him to report
said bill, and asks to be discharged from the further consideration
thereof; which report being read,
On motion of mr. Sevier, said bill was laid on the table.
Mri Foster, chairman of the committee pn the judiciary, to whom
had been referred a bill to amend an act entitled an act to authorise
suits to be brought jointly against the makers and endorsers of pro-
missory notes and other instruments—Reports, that said cbmmittee
have had the same under consideration, and are of the opinion that
the provisions contained in said hill are proper, and should be passed.
That said committee had instructed him to report said bill, and recom-
mend its passage.
Whereupon, said bill was read a third and last time, and the ques-
tion upon-the passage of said bill was had ajnd determined in the affir-
mative—ayes 18, noes 4.
The ayes and noes being demanded,
The affirmative voters were :
Messrs. Ashe,- Bradbury, Foster, Frey, Gardner, Hardwicke, Jen-
nings, Johnson, Ledbetter, Maclin, Matthews, Peyton, Powell, Ross,
Warner, Williams and mr. Speaker Turney—18.
The negative voters were :
Messrs. Laughlin, Martin, Miller and Nelson—4.
So said bill jvas passed upon its third and last reading, and was or-
dered to be engrossed'and transmitted to the House of Representatives.
A message from the- House of Representatives by mr. Mitchell their
Clerk. * .
Mr. Speaker: The House have taken up and passed upon their
third and last reading the folio wingrentitled bills:
A bill for the relief of securities and-,endorsers in certain cases.
A bill to amend the law of descents-,in certain cases.
Which I am directed to transmit to, the Senate and ask a concur-
rence. therein.
The House of Representatives have taken up and read a third time
and passed the Senate's bill establishing Putnam county, with amend-
merits thereto, herewith transmitted, in which I v m directed to ask the
concurrence cf the Senate.
THE SENATE.
527
And then he withdrew.
Mr. Peyton, chairman of the committee on new counties and coun-
ty lines, to whom had been referred the memorial of the commission-
ers appointed by law to lay off Powell county, reported said memori-
al, and asked that said committee from the further consideration of
said memorial be discharged.
Which request was granted.
Ordered that said memorial be laid on th<% table.
The Senate, on motion of mr. Foster, took up and considered a mes-
sage from the House of Representatives, transmitting a resolution
adopted by the Senate for the relief of John England and others—
and amended and concurred in by the House of Representatives and
the concurrence asked to the amendmenhof the House made to said
resolution.
Which being read the Senate coijcur in said amendment made there-
to.
Ordered that the clerk acquaint the House of Representatives with
the concurrence of the Senate in the amendment of the House to
Senate's resolution for the relief of John England, and that said re§o-
lution as amended be enrolled. ,
The Senate took up and considered a bill for the relief of William
Isaac Ravylings.
Which bill was read a third and last time, and the question,. Shall
said bill passi wfas had and determined in the affirmative.
So said bill was passed upon its third and last .reading—was urder-
ed to be engrossed and transmitted to the House of Representatives.
Mr. Frey, from the joint select committee to whom had been refer-
red a resblution of the General Assembly to ascertain and report the
number of journals of the Senate and House of Representatives and
the number of acts of the present General Assembly should be print-
ed, submitted the following report:
Tire joint select committee appointed to, ascertain the number of
acts and journals of the present General Assembly to be printed and
•distributed, beg leave to submit the following report:
Resolved by the General JZ^sembly of the State of Tennessee,
That the following number, of acts and journals of each House of
the present session of the General Assembly be printed and distribut-
ed, the public and private acts to be bound in one volume: one copy
of the acts to each justice of the peace, one copy to each sheriff, one
copy to ea,ch circuit court clerk, one copy to each county court clerk,
one copy to each surveyor, one copy to.each register, one copy to. each
ranger, one copy to each, entry taker, one copy to each trustee, one
copy to each coroner, and. one copy of the journals of each House to
each civil district.
528
JOURNAL OF
COUNTIES.
Anderson,
Bledsoe,
Blount,
Bradley,
Campbell,
Carter,
Claibourne,
Cocke,
Grainger,
Hamilton,
Greene,
Johnson,
Hawkins,
Meigs,
Jefferson,
Marion,
Knox,
Morgan,
Monroe,
McMinn,
Rhea,
Roane,
Sevier,
Sullivan,
Washington,
Polk,
Bedford,
Cannon,
Coffee,
Davidson,
Dickson,
DeKalb,
Fentress,
Franklin,
Giles,
Humphries,
Hardin,
liickmaiij
Jackson,
Lawrence,
Lincoln,
Marshall,
Overton,
Maury,
Montgomery,
Stewart,
Robertson^
Wayne,
Rutherford;
ACTS.
.TOUIfALS.
30
10
30
10
44
17
34
1?
30
16
30
10
34
12
30
io
40
15
34
12
47
18
26
8
44
17
26
8
40
15
30
10
45
17
26
8
44
17
44
17
26
8
40
15
30
10
40
15
44
17
24
7
50
20
34
12
36
13
60.
25
33
11
32
11
26
8
40
15
u
17
SO
10
34
12
34
12
40
15
34
12
60
25
41
15
34
12
56
23
40
15
34
12
40
15
34
12
60
25
THE SENATE.
52V
JOUNALS.
23
20
15
15
25
25
9
17 '
8
15
15
15
15
12
16
8
12
17
8
12
12
10
13
6
JoitK.
rFor each member of the House, one copy of both Journals,
bound in boards, 75 15t>
For each member of the Senate, one copy of both Journals,
bound in boards, 25 50
For each Clerk of the House, one copy of the Journals, 3
For each Clerk of the Senate, one copy, 3
For States and Territories, 60
For the use of the General Assembly, to be deposited in
the Secretary's office, 100 50
For the Supreme Judges, Chancellors, and Circuit Judges, 20
For Clerks of the Chancery and Supreme court, 40
For each Attorney General, 15
For Treasurer, Superintendent and Comptroller, 3
Which report being read, was concurred in.
Ordered, that said report be engrossed and transmitted to theHous®
of Representatives.
Mr. Gardner, chairman of the committee on agriculture and mamv-
factures, asked that said committee be discharged from the further con
sideration of all bills, resolutions, memorials and petitions, referred to
said committee ; which request being considered, was granted.
Mr. Powell asked and obtained leave to withdraw for amendment,
a bill to increase the rate of interest on the State bouds (known as th®
36
COUNTIES.
ACTS.
Smith,
56
Sumner,
50
Warren,
40
White,
40
Williamson,
60
Wilson,
60
Benton,
27
Carroll,
44
Dyer,
26
Fayette,
40
Gibson,
40
Hardeman,
40
Henderson,
40
Haywood,
34
Henry,
42
Lauderdale,
26
McNairy,
34
Madison,
44
Obion,
26
Perry,
34
Shelby,
34
Tipton,
30
Weakley,
36
VanBuren,
22
530
JOURNAL OF
River bonds) to six per centum per annum, and for other purposes.
The Senate took up and considered a bill to establish Mulberry
county ; which bill was read a third time, when
Mr. Bradbury moved to amend said bill by inserting therein after
the words the town so laid out shall be called," the word " Black-
berrywhich being read,
Mr. Bradbury afterwards withdrew said amendment
Mr. Gardner moved to amend said bill by adding thereto the fol-
lowing: " Provided, that in no event shall the State be charged with
any part of the expenses of surveying and organising said county
which being read, and the sense of the Senate thereon had, said
amendment was rejected.
Mr. Foster moved to amend said bill by adding to the third section,
the following: "and the said county of Mulberry is created under,
and in accordance with the provisions of said act, establishing the
county of Powell;" which being read, and the sense of the Senate
thereon had, said amendment was adopted.
And said bill, as amended* was read a thir'd and last time, and the
question recurring upou the passage of said bill; was had and deter-
mined in the affirmative.
So said bill was passed upon its third and last reading, and was or-
dered to be engrossed and transmitted to the House of Representa-
tives.
On motion of mr. Ashe,
The Senate adjourned until 2 o'clock, p. ,m.
evening session.
A message from the House of Representatives, by mr. Mitchell their
clerk:
Mr.'Speaker: The House of Representatives have taken up and
read a third time and passed the following entitled bills, to-wit:
A bill for the relief of a portion of the citizens of Perry county,
A bill to diminish the corporate limits of the town of Gallatin.
A bill to incorporate the iv.emphis City Hotel Company, in the town
of Memphis.
A bill for the relief of William Crooin, of the county of Madison,
and for other purposes.
A bill to amend the laws of this State in relation to securities, to
subject both the real and personal property of the principal debtor to
execution and sale, before either the real or personal property of tlia
security shall be liable.
Which bills I am directed to transmit to the Senate, and ask a con-
currence therein. And then he withdrew.
The Senate took up and considered, upon their first reading in the
Senate, the following bills from the House of Representatives, to-wit;
A bill for the relief of a portion of the citizens of Perry county.
A bill to dimish the corporate limits of the town of Gallatin.
A bill to incorporate the Memphis City Hotel Company, in the town
of Memphis,
THE SENATE.
531
A bill for the relief of William Croom, of the county of "Madison,
and for other purposes.
A bill to amend the, laws of this State in relation to-securities, to
subject both the real and personal property of the principal debtor to
execution and sale, before either the real or personal property of tho
security shalTbe liable.
Which bills were severally read a first time.and passed.
The Senate took up and consideied, upon the second reading in the
Senate, the following bills from the House of Representatives, towyit;
A bill to amend the acts of 1827, chap. 57, and the acts of 1820,
chap. 11.
A bill to amend the act of 1836, chap. 43, in relation to attach-
ments.
A bill to amend the 1,3th section of the act of 1835, chap. 15, rela-
tive to tax collectors.
A bill to regulate the duties of clerks in certain cases.
Which bills were severally read a second time and passed.
The Senate took up and considered a bill from the House of Repre-
sentatives, giving further time to former sheriffs to collect arrearages
of taxes; which bill was read a second time, when
Mr. Foster moved to amend said bill by striking out the second sec-
tion, as folio w,s,, to-wit:
Sec. 2. Be it enacted, That such former sheriff, either by himself
or a deputy, shall .have the same power and right to enforce the pay-
ment of any taxes that may be due said former sheriff, that the she-
riff in office has under the rules and'regulations, and all sales of land
shall be as valid and effectual as if the same were made by any sheriff
in office : Provided., the same is made in pursuance of law.; which
being read, and the sense of the Senate thereon had, said amendment
was adopted; and said bill, as amended, was read a second time, when
Mr. Laughlin moved the indefiiiite postponement of said bill, and
the question therpon being had, was determined in the affirmative.
So said bill was indefinitely postponed upon its second reading in
the Senate.
Ordered, that said bill be transmitted to the Hp-use of Represerita-
tives, and that the clerk inform the House of the rejection of said bill
by tfie Senate.
The Senate took up aqd considered a bill,ro .establish a Chancery
court in the county of Grainger, and for other purposes.
Which bill was read a second time, and., the question upon the pas-
sage of said bill being had, was determined in the affirmative—ayes
13, noes 9.
The ayes and noes being demanded*.
The affirmative voters were :
Messrs. Ashe, Bradbury, Jennings, Johnson, Ledbetter, Maclin, Mil-
ler, Powell, Reneau, Warner, Waterhouse, Williams and mr. Speaker
Turney—13.
The negative voters were :
il/essrs. Foster, Frey, Gardner, Hardwicke, Laughlin, Martin, Maft-
thews, Nelson and Ross—9.
532
JOURNAL OF
So said bill was passed upon its second reading.
The Senate look up and considered a bill to regulate the draining of
swamp lands which bill being read,
Mr. Foster moved to amend said bill by inserting in the IStli line of
the 1st section, after the words " as aforesaid," the following : "and
assess the damages that maybe sustained by the person through
whose land said ditch may run;" which being read, and the sense of
the Senate thereon iiad, said amendment was adopted.
And said bill, as amended, was read a second time and passed.
Mr. Hardwicke submitted the following:
« Resolved by the Senate, That the judiciary committee be instructed
to enquire into the propriety of preparing, and to report a bill, restor-
ing persons to the privilege of citizenship, who have been convicted
of crimes under the penal code of the State, not infamous at common
law ; which being read, and the rule requiring resolutions to lie over
one day being suspended, said resolution was rejected.
On motion of mr. Nelson,
The Senate adjourned until Monday morning 9 o'clock.
MONDAY, JAN. 24, 1842.
Mr. Foster, chairman of the judiciary committee, to whom had
been referred a bill from the House of Representatives 10 amend the
act of 1831, chap. 24-—Reports, that said committee have had the
same under consideration, and deem the provisions therein contained
advantageous and proper, and that said committee had instructed him
to report said bill, and to recommend its passage.
And said bill was read a second time and passed.
Mr. Foster, chairman of the judiciary committee, to whom had
been referred the petition of sundry citizens of Greene county, pray-
ing that the act of the 26th of January, 1838, authorising the courts'
of chancery to entertain jurisdiction of the settlement of the estates
of deceased persons may be repealed— Reports, that said committee
have had the same under consideration," and are decidedly of the opin-
ion that the prayer of said petitioners is unreasonable, and should not
be granted, and that said committee had instructed him to report said
petition, and to recommend its rejection; which report being read, th«
Senate concur therein.
Mr. Frey chairman of the committee on Enrollments, reports as cor-
reetiy enrolled, a resolution for the benefit of John England, and for other
purposes.
Which enrolled resolution, was thereupon signed by the Speaker of
the Senate, and ordered to be transmitted to the House of Representa-
lives, for the signature of the Speaker thereof.
The Senate on motion of mr. Hardwicke, took up and considered a
resolution by hirn submitted on the 21st instant, proposing that the Senate
meet the House of Representatives in convention in their Hail on—-
the instant, to elect three inspectors for the Penitentiary, for thfl
ensuing two years,
Which being read, mr. Jennings moved to amend said resolution by
THE SENxVTE.
533
filling the blanks therein at the appropriate places with the words Thurs-
day 27th,
Which being read and considered, said amendment, was adopted.
And said resolution as amended, was read and adopted.
Ordered that the cleik transmit said resolution to the House of Rep-
resentatives and announce its adoption by the Senate, and ask a concur-
rence. therein.
Mr. Ilardwicke in the chair, the Senate on motion of mr. Turney,
took up and c.onsideied a message from the Mouse of Representatives,
transmitting a resolution proposing that this General Assembly do adjourn
sine diey on the 2-1th January 1842,
Which being read, mr. Turney moved to amend said resolution h}r
striking out the, words " 24th January," and to insert in lieu thereof the
words u7 thFebruavy,"
Which being read, and the sense of the Senate thereon had, said amend-
ment was adopted.
And said resolution as amended, being read, the Senate concur therein.
Ordered that said resolution as amended, he transmitted to the House
of Representatives, that the clerk a> quaint the House with said amend-
ment, and ask the concuirence of the House of Representatives therein.
The Senate on motion of mr. Jennings, took up and considered certaia
resolutions by him submitted on the 7th day of December 1841, directory
to the keeper and agents of the Penitentiary, relating to the competition
of labor of the convicts in the Penitentiary of Tennessee, and the median-
ical labor of the State,
Which resolutions being read, mr. Jennings moved the adoption of the
first resolution, and the question thereupon being had, was determined
in the negative—a) es 5, noes 20.
The ajes and noes being demanded,
The affirmative voters were :
Messrs. Jennings, Johnson, Laughlin, Maclin and Williams—5.
The negative voters were :
Messis. Ashe, Bradbury, Foster, Frey, Gardner, Ilardwicke, Led-
better, Martin, Matthews, Miller, Motley, JSelson, Peyton, Powell, Ren-
eau, Ross, Sevier, Warner, Waterfyouse and mr. Speaker Turney—20.
So said resolution was rejected.
J\Iv. Jennings moved the adoption of the second resolution, when mr.
Foster moved to amend said resolution by inserting in the second line af-
ter the words u rope and bagging," the following, u and saddle trees and
other manufactures in the discretion of the Inspectors that shall prove
benefiqlal to the State,"
Which being read, and the sense of the Senate thereon had, said amend-
ment was adopted.
And said resolution as amended being read, and the question recurring
upon its adoption as amended was had, and determined in the negative—
ayes 12, noes 13.
The ayes and noes being demanded,
The affirmative voters were :
531
JOURNAL OF
Messrs. Bradbury, Foster, Frey, Jennings, Laughlin, Ledbelter, Mac-
lin, Peyton, Powell, Reneau, Sevier and Williams—12.
The negative voters were:
Messrs. Ashe, Gardner, Hardwicke, Johnson, »ia.rtin, Matthews, Mil-
ler, Motley, Nelson, Iloss, Warner, Waterhouse and mr. Speaker Tur-
ney—13.
So said resolution was rejected.
Mr. Jennings moved the adoption of the third resolution, and the ques-
tion was thereupon had, and determined in the affirmative—ayes 25, noes
hone.
The ayes and noes being demanded,
The affirmative voters were:
Messrs, Ashe, Bradbury, Foster, Frev, Gardner, Hardwicke, Jennings,
Johnson, Laughlin, Ledbetter, Maclin, Martin, Matthews, Miller, Motley,
Nelson, Peyton, Powell, Reneau, Ross, Sevier, Warner, Wa'erhouse,
Williams and mr. Speaker Turney—25.
Negative voters none.
So said resolution was adopted.
M\\ Jennings moved the adoption of the fourth resolution, and the
question thereupon being had, was determined in the negative—ayes 4,
noes 21.
The ayes and noes being demanded,
The affirmative voters were :
Messrs, Jennings, Johnson, Laughlin aridMaclin—4.
The negative voters were :
Messrs. Ashe, Bradbury, Foster, Frey, Gardner, Hardwicke, Led-
better, Martin, Matthews, Miller, Motley, Nelson, Peyton, Powell, Ren-
eau, Ross, Sevier, Warner, Waterhouse, Williams and mr. Speaker
Turney—21.
So said resolution was rejected.
Mr. Jennings moved to amend said resolutions, by striking out the 5th
resolution, and the question thereupon being had was determined in the
negative.
So said motion to amend said resolutions by striking out the 5ih reso-
lution, prevailed.
Mr. Jennings moved the adoption of the 6th resolution, when mr. Fos-
ter moved to amend said resolution, by inserting therein after the words
" beyond the limits of this State," the following, " at the discretion of the
Inspectors,"
Which being read, and the sense of the Senate thereon being had, said
amendment was adopted.
And said resolution as amended being read, and the question recurring
upon its adoption, was determined in the negative—ayes 11, noes 13.
The ayes and nays being demanded,
The affirmative voters were :
Messrs. Bradbury, Foster, Frey, Jennings, Johnson, Laughlin, Maclin,
Peyton, Reneau, Sevier and Williams—11.
The negative voters were:
Messrs. Ashe, Gardner, Hardwicke, Martin, Matthews, Miller, J\1 ot-
THE SENATE.
535
ley. Nelson, Powell, Ross, Wafner, Waterhouse, and mr. Speaker Tur-
ney—13.
So said resolution was rejected.
Ordered that the third resolution herein submitted and adopted, be en-
grossed and transmitted to the House of Representatives.
Ordered that the clerk announce to the House of Representatives the
adoption of said resolution, and ask a concurrence therein.
Mr. Williams moved a re-consideration of the vote of the Senate reject-
ing a bill from the House of Representatives to repeal the act of 1832,
chapter 22, entitled an act, giving the Circuit courts Jurisdiction of mis-
demeanors, had in the proceedings of the Senate oh.the 21st Inst.
Mr. Foster chairman of the committee on the Judiciary, to whom bad
been referred a bill to establish a Criminal court in the county of David-
son, with sundry amendments offered thereto, with instructions to inquire
into the expediency of establishing in each county in this State a Crimin-
al court, with Jurisdiction over all misdemeanors, or of extending such
Jurisdiction to the County court, and that said committee report by bill
or otherwise—Reports, that said committee have had said bill with the
proposed amendments,and said instructions under consideration, that said
committee are of opinion that said bill and the provisions therein contain-
ed are proper and should be passed with the amendments herewith re-
ported, which will constitute the 12lh section of said bill as follow^:
Sec. 12. Be it enacted, That the Judge of said Criminal court shall
not practice as Attorney or Counsellor in any conrt of law or equity in
this State.
Which being read, on motion of mr. Jennings, said bill and. amend-
ments were laid on the table.
«Mr. Foster, chairman from the Judiciary Committee, to whom had
been referred the resolution of the Senate requiring them-to examine
and report the expediency of giving to the County Court jurisdiction
of misdemeanors, or of establishing in each county a separate Crimi-
nal Court for the trial of misdemeanors, have had the same under con-
sideration, and have directed me to report that it is inexpedient to
give to the County Courts jurisdiction of misdemeanors, and that it
is inexpedient to establish separate Criminal Courts in each county for
the trial of misdemeanors. All of which is respectfully submitted.
ROBERT FOSTER, Jun., Chairman.
Which report being read, and the question upon a concurrence in
the report of the chairman of said committee being had, was deter-
mined in the affirmative—ayes 19, nays 6.
The ayes and noes being demanded,
The affirmative voters were :
Messrs. Ashe, Bradbury, Foster, Frey, Gardner, Hardwicke, Jen-
nings, Laughlin, Ledbetter, Maclin, Martin, Matthews, Motley, Nelson,
Powell, Reneau, Ross, Sevier, and Warner-—19.
The negative voters were :
Messrs. Johnson, Miller, Peyton, Waterhouse, Williams and mr.
Speaker Turney—6.
So said report was concurred in.
5? 6
JOURNAL Ob
JMr, Gardner returned a bill to regulate the times of holding the
Circuit Courts in the couuties of Henry, Weakly and Obion, by him
withdrawn for amendment, with the following amendments in lieu of
the whole bill as follows:
A bill to provide for but two, instead of three annual terms of tho
Circuit Court in each of the counties west of Tennessee river, and to
fix tlie time of holding thq same.
Sec, 1. Be it enacted by the General Assembly of the State of
Tennessee, That so much of the act o+' 1835/ chapter 5, section 1, as
requires three terms of the Circuit Court to be held annually in the
several counties hereafter mentioned, be and the same is hereby re-
pealed.
Sec. 2. Be it enacted, That, from and after the 1st day of March
next, (IS 12) there shall be held two terms of said Court required to
be held in said counties in each and every year, which terms shall
thereafter be held at the following times and places: that is to say—
For the county of Henry, at the Court House in the town of Paris,
on the 4th Monday of February and August.
For the county of Weakley, on the first Jl/onday of March and
September.
For the comity of Obion on the second Monday of March and Sep-
tember.
For the county of Dyer on the third Afonday of A/arch and Sep-
tember.
For the county of Gibson on the 4th JNlonday of March and Sep-
tember.
For the county of Carroll on the Monday in and
u Perry on the " "
" " Henderson on the " "
" " Madison on the "
" " Haywood on the " «
« " Tipton on the " "
" " Lauderdale on the " "
" tk Shelby on the " "
" kf Fayette on the " "
« " Hardeman on the " "
" " McNairyonthe " "
Sec. 3. Be it enacted, That after the first day of March next it
shall be the duty of the respective cleiks of said courts to make all
process returnable at the limes mentioned in the second section of this
act.
Which being read, mr. Ledbettcr moved the following amendment
thereto:
Sec. 4. Be it enacted, That from and after the first day of March
next, (1842) there shall be but two terms of the Circuit Courts held
annually in each county in this State, instead of three terms, as now
required by law, which terms shall be thereafter held at the times and
places hereinafter provided, and that power be and is hereby given
to the presiding judge to hold, in addition to the two terms provided
THE SENATE.
for above, specia.1 terms, whenever, in his opinion, the business may
require it. •
Which being read, and the sense of the Senate thereon being had,
said amendment, was adopted.
And said bill as amended being read, and the sense pf the Senate
thereon had, was adopted in lieu of the original bill—which bill was
read a second time anil passed.
On motion of mr. Laughlin, it was ordered that said bill and amend-
ment be referred to a select committee, to consist of two members
from the Eastern, three members from the .Middle and two from tho
Western Division of the State, with instructions to report a bill in dp-
tail in conformity with the provisions of the bill; and the question of
reference was thereupon had, and determined in the affirmative—aye3
14, nays 11.
The ayes and noes being demanded,
The atlirniative voters were :
.Messrs. Ashe, Bradbury, Gardner, Hardwicke, Jennings, Laugl}-
liti, Led hotter, Mtciiii, Peyton, Powell, lleneau, Sevier, Warner,
and mr. Speaker Turuey—14,
The negative voters were :
Messrs. Eoster, Frey, .Johnson, .Martin, JRdthews, il/iller, Mo t-
ley, N dsou, Ross, Waterhouse, and Williams—11.
So said motion to refer prevailed—whereupon the chair appointed
Messrs. Laughlin, Ledbetter, Ross, Nelson, Powell, Gardner and
Ashe of s dd committee.
Mr. Raneau introduced a bill to enable foreigners to transmit the
real estate they may purchase to their heirs.
Which bill was read a first time and passed.
Oil motion of mr. Reneau, said bill was referred to the committee on
the Judiciary.
On motion of mr. Ledbetter,
The Senate adjourned until 2 o'clock, p. sr.
EVENING SESSION.
Mr. Ledbetter introduced a bill for the relief of Cannon county.
Which bill was read a first time and passed.
The Senate took up and considered the following bills from the
Hpuse of Representatives upon their second reading:
A bill to amend the laws of this State in relation to securities to
subject both the real and personal property of the principal debtor to
'•execution and sale, before either the real or personal property of tho
security shall be liable.
Also, a bill for the relief of Wiiliam Croom of the county of Madi-
son, and for other purposes.
Which bills were severally read a second time and passed.
The Senate took up and considered a bill from the House of Rep-
resentatives to incorporate the .Memphis City'Hotel Company, in tho
town of .Memphis.
Which bill was read a second time—when mr, Maclin moved to
538
JOURNAL OF
amend said bill by inserting in the third line of the 4th section, after
the words "next, and on the," the words, "and ever afterwards on
the first Monday of January."
Which being read and considered by the Senate, said amendment
was adopted.
i!/r„ Martin moved to amend said bill by adding to the 6'th section
the following:
And that the private property of the stockholders shall be bound to
secure the debts that said corporation may contract.
Which being read and considered, said amendment was adopted—■
and said bill as amended was read a second time and passed.
The Senate took up and considered a bill from the House of Rep-
resentatives to amend the laws abolishing imprisonment for dffit.
Which bill was read a second time, whernnr. ilfacliti offered the fob
lowing amendment in lieu of the whole bill after the caption:
Be it enacted by the General Assembly, of the State of Tennes-
see, That all laws in force in the State of Tennessee authorising the
issuance of any capias ad satisfaciendum, be and the same are
hereby repealed.
Be it enacted, That all laws authorising the issuance of any writ
of capias ad respondendum, in any suit obtain, or any hail warrant
in any case within the jurisdiction of a justice of The peace be and the
same are hereby repealed. Provided, That in all cases where the
plaintiff, her agent or attorney shall make oath that the defendant is
absconding from the Slate with his property to avoid the payment of
his debts, it shall be lawful for such writ of capias ad respondendum
to issue, and the defendnat shall then be held to bail as heretofore.—
Provided further, That, the oath required to be taken in the preCecb
ing sections of this-act shall be by affidavit in writing, signed by the
party or person who shall make oath thereto, and certified by the
clerk or officer who is required to issue the process, and filed with the
papers in the cause, and if any person shall knowingly, wilfully, and
corruptly, swear falsely in such affidavit, he shall be deemed guilty of
forgery and shall be punished as in other cases of forgery. Provided
f urther, That in all cases, where a debtor is absconding or concealing
himself, or concealing his property or effects, and in all cases where a
debtor is removing himself or his property beyond the limits of this
State, and in all cases where a debtor js privately removing himself or
his property out of the county in which he resides, it shall be'lawful
for the creditor to obtain an attachment at law, or -an attachment in
equity against the property and effects of such debtor in the same
manner as the creditor is now authorised to obtain such process, antf-
bring such suits against absconding and non-resident debtors, and
which suits may be prosecuted iu like manner and subject to the same
rules, regulations, and restrictions, as other attachment cases, and it
shall be lawful for the creditor to obtain such attachment, as well after,
as before the institution of any suit, on a proper case being made out
to the satisfaction of the court in term time where the cause is pend-
ing, or a judge in vacation.
THE SENATE.
539
Be it enacted, That all laws coming within the purview of this act
be and the same are hereby repealed.
Which being read, mr. Laughlin offered the following as an amende
ment to the amendment of mr. 71/aclin to be inserted before the last
section of said amendment, to-wit:
Sec. Be it enacted, That from and after the passage of this act,
that no plaintiff, his agent or attorney, shall be entitled to sue out a
writ of capias ad satisfaciendum against any defendant or defen-
dants, unless he, she or they shall procure the affidavit now required
by law to be made by the plaintiff, his agent or attorney, to be made
by some credible and disinterested person.
Be it enacted, That where there shall be recovered a just judgment
against two or more defendants, and the plaintiff is desirous of sueing
out a capias ad satisfaciendum against any one, or a less number
than all said defendants, that he shall have the right of doing so, un-
der the above restrictions and the provisions of this act shall apply to
all judgments at law, in courts of law, before justices of the peace or
decrees in chancery."
Which being read, messrs. Jllaclin and Laughlin agreed for the pre-
sent not to insert their said amendment, upon the second reading-
of said bill.
And said bill was read a second time and passed.
Op motion of mr. Ledbetter, said bill and amendments afe referred
to the committee on the Judiciary.
A message from the House of Representatives by mr. Mitchell their
Clerk.
Mr. Speaker : The House of Representatives have read a third
fene and passed .the following entitled bills:
A bill for the benefit of witnesses in State cases.
A bill to incorporate the Greenville Female Academy, in the town
of Greenville, and for other purposes.
.A bill to amend the penal laws.
A bill to amend the second section of an act entitled an act to in-
corporate the Clarksville il/arine and Fire Insurance and Life and
Trust company, passed 15th January, 1840.
Which I am directed to transmit to the Senate and ask a concur-
rence therein.
The House of Representatives have read a third time and passed,
with amendments, a bill from the Senate to authorise the Banks of the
State to issue notes of smaller denominations than five dollars.
Whicli I am directed to transmit to the Senate and ask the concur-
^bence of the Senate in the amendments made by the House of Repre-
sentatives to said bill.
The House of Representatives have read a third time and passed a
bill explanatory of an act passed Dec. 2nd, 1831, entitledanacttopre-
Vent the violation of graves, &e.
Which I am directed to transmit to the Senate and ask a concurrence
therein.
And then he withdrew.
The Senate, on motion of mr. Warner, took up the further consid.
JOURNAL OF
oration of the message fiom the House of Representatives, transmit*
ting certain resolutions adopted by the House of Representatives rc
'quiring the thinks within the State of Tennessee to resume specie pay.
meats, said resolutions being made the order of the day, ior this da)
by a rule of the Senate.
When the question recurred upon the motion of mr. Foster, madt
on a former day to amend stud resolution ? by striking out the fird res
olution, and the question thereupon being had, was determ'ned in tin
aliirmative-r-ayes 14—nays 11.
The ayes and noes being demanded,
The affirmative voters were : .
Afessrs. Ashe, Bradbury, Foster, Froy, Jennings, Ledbcltcr, A/ar-
tin, A/illerj A/otley, Nelson, Peyton, Renean, Sevier, andinr. Speak'
er Turneyi-i4.
The negative voters were :
A/essrs. G-ardner, Hardwicke, Johnson, Langhlin, Aiaclin, i)/ab
thews, Powell, Ross, Warner, Waterhonse, and Williams—11.
So said amendment was adopted.
The question then recurred upon the motion of mr. Powell, tore*
consider the vote of the Senate adopting the amendment moved by ran
Foster, striking out the word "forthwith/' in the second line of tbfe
second resolution, and the question was thereupon had and detcrmin-
ed in the negative.—ayes 12, nays 13.
The ayes and noes being demanded,
The affirmative voters were:
Messrs. Ashe, Gardner, 'Hardwicke, Johnson, Laughlin, A/aclin.
A/atthews, Powell, Ross, Warner, Waterhouse, and Williams—12.
The negative voters were :
Messrs, Bradbury, Foster, Frey, Jennings, Led better, IZirtin, «M1-
ler, A/otley, Nelson, Peyton, Reneau, Sevier, and mr. Speaker Turnej
—13.
So said motion to reconsider said vote, adopting said amendmar.
was rejected.
The question then recurred upon the adoption of the amendmen
offered by mr. Williams in lieu of the original resolutions, which bt,
ing had was determined in the negative—ayes 12, nays 13,
The ayes and noes being demanded,
The affirmative voters were :
Messrs. Ashe, Gardner, Hardwicke, Johnson, Laughlin, A/aclir
A/atthews, Powell, Ross, Warner, Wateidiouse, and Williams—12.
The negative voters were :
Messrs. Bradbury, Foster, Frey, Jennings, Ledbetter, A/artin, M\V
ler, A/otLey, Nelson, Peyton, Reneau, Sevier, and mr. Speaker Tur-
ney—13.
So said amendment was rejected.
The question then recurred upon the adoption of said resolutions
as amended, which being had was determined in the negative—ayes
10—nays 15.
The ayes and noes being demanded,.
The affirmative voters were :
THE SENATE.
541
Messrs. Ashe, Bradbury, Foster, Gardner, Ledbetter, Marcus, Mat-
thews, Motley,.Powell, and Waterhouse—10.
The negative, voters were ;
Messrs. Frey, Hardwicke, Jennings, Johnson, Laughlie, Maelirr^
filler, Nelson, Peyton, Reneau, Ross, Sevier, Warue'r, Williams and
tnr. Speaker Turney—15
So'said resolutions as amended were rejected.
Ordered that said resolutions be transmitted to the House of Rcpre-
lentatives, and that the clerk announce the rejection of saiu resolutions
oy the Senate.
The Senate, on motion of mr. Williams, took up and considered the
,rote of the Senate removing the seat of government from Nashville
and locating it at Knoxviile.
Which being considered, was determined in the affirmative.
Whereupon, mr. Hardwicke enquired if it would' be in order to
Strike out Knoxviile and insert any other place.
The chair decided, that it would not be iti order to strike out and
insert, but would be in order to re-consider the vote striking out Me-
Minnville and inserting Knoxviile.
From which decision mr. Nelson appealed to the Senate; and th#
question " Shall the decision of the chair stand V' being had, it wa*
determined in the negative—ayes 10, noes 14.
The ayes and noes being demanded,
The affirmative voters were:
Messrs. Ashe, Foster, Gardner, Hardwicke, Laughlin, Ledbette^
Hatthews, Motley, Peyton, aud Warner—10.
The negative voters were :
Messrs. Bradbury, Frey, Jennings, Johnson* alaclin, Martin, Miller,.
Nelson, Powell, Reneau, Ross, Sevier, Waterhouse, and William*
—i4.
So the decision of the Speaker was not sustained.
Mr. Nelson moved that the word "McMinnvide" wheresoever oe-
eurring in said bill be stricken out and the word K Knoxviile" inserted
in lieu thereof.
Which being -considered said motion prevailed.
Said bill was read a third and last time, and the question upon tire
s passage of said bill was had and determined in the negative—aye*
12, nays 13.
The ayes and ndes being demanded,
The affirmative voters were :
Messrs. Bradbury, Johnson, Ledbetter, Maclin, Martin, Miller,
Nelson, Powell, Reneau, Ross, Waterhouse and Williams—12.
The negative voters were :
Messrs. Ashe, Foster, Frey, Gardner, Hardwicke, Jennings, Laugh-
lin, Matthews, Motley, Peyton, Sevier, Warner, and mr. Speaker
Turney—13.
So said bill was rejected upon its third and last reading.
Mr. Warner asked and obtained leave to withdraw for amendment
certain resolutions by him submitted 13th December, IS 11, requiring'
the banks of Tennessee to resume and continue specie payments.
542
JOURNAL OF
Mr. Jennings returned a bill from the House of Representatives to
authorise spirituous liquors to be drank 011 the premises where sold,
by him withdrawn for amendment, with the following.amendtnent in
lieu of the whole bill after the enacting clause, to-wit:
Sec. 1. Be it enacted, That no person whatever shall retail spiritu-
ous liquors in less quantity than one quart, unless he shall first have
obtained a license for that purpose as hereinafter provided, and shall
also have taken the oath and given bond, and in other respects com-
plied with the terms hereinafter prescribed.
Sea 2. Be it enacted, That'whoever shall retail spirituous liquors
in a less, quantity than a quart, without having given bond, taken the
oath, and obtained a license as hereinafter prescribed, shall be fined in
a sum not less than dollars.
Sec. 3. Be it enacted, That any person wishing to retail spirituous
liquors under the provisions of this act, shall make application for the
enjoyment of such privilege to the Circuit court of the county in
vldiich he may reside, and on such application, it shall .be the duty of
the judge of said court, if he be satisfied that the applicant is not a
man of intemperate habits, nor a man whose associations and charac-
ter would make it probable that he wnuld keep a riotous and disor-
derly house, to direct the clerk of said court to issue a license to such
applicant for the term of one year from the date thereof, so soon as
such applicant, shall have paid to said clerk the charges for such li-
cense hereinafter directed, and if any one who is denied license under
the provisions pf this section deem himself aggrieved by the decision
of the court, he shall be entitled, 011 motion, before said court, and on
giving Security for the cost thereof, to have a jury summoned, who
shall hear his application, and 011 the grounds above directed as a
guide to the decision of the court, shall reader a verdict thereon,
which shall 111 all cases be final, and preclude any further right of ap-
peal.
Sec. 4. Be it macted, That every person receiving a license under
the provisions of this act, shall pay in advance to. the clerk by whom
it is issued for the use of the State, the sum of fifty dollars, and also
an additional sum, corresponding in amount to the one-fifth of the
rental of the house in which such person may sell, or design to sell
spirituous liquors, in less quantities than one quart, and the rent, or
the value of the rent, in each and every case, shall be ascertained by
the judge of the Circuit court at the time when a decision is made in
favor of an application for license under the provisions of this act,
and for the assistance of the court in the performance of this duty, the
applicant as aforesaid shall come prepared with all necessary evidence
011 the subject, aud if said applicant, or any witness summoned at his
instance, with corrupt intent swear falsely in regard to any issue trial
present, in which he may be concerned, before said court, touching the
value of such rent, such witness shall be deemed guilty of perjury,
and 011 conviction thereof, shall be punished accordingly.
Sec. 5. Be it enacted, That in all cases in which an application is
made as aforesaid for a license to sell spirituous liquors in less quanti-
ties than one quart, in a house which is notoriously a tavern, and it k
THE SENATE.
543
merely intended for the entertainment of travelers and boarders, the .
tax on the rent of such house prescribed in the preceding section, shall
be levied oilly on tho one-fourth of said rent. 13ut it is hereby re-
quired of the court having jurisdiction in such matters, to take all pro-
per precaution against fraud or imposition designed to take advantage
of the provisions of this section.
Sec. 6. Be it enacted, That before issuing a license as aforesaid to
any person applying for the same, it shall be the duty of said clerk to
require the applicant to take and subscribe the following oath or affir-
mation, which said clerk is hereby authorised to administer, viz : " I;
A B, do solemnly swear (or affirm, as the case may be,) that I will
not, under the license I am about to obtain, retail any spirituous liquor
to any slave, nor permit the same to be done, unless by the permit of
the master or owner of the slave in writing; that I will not knowing-
ly permit or allow of any gaming for money or other valuable thing,
iu the house in which I may retail spirits, or any house or booth adja-
cent thereto, over which I may have control; and if any person shall
game as aforesaid, I will give information thereof to the grand jury at
the next term of the Circuit court or Criminal court of any county,
and that I will not permit slaves to assemble on my premises for any
purposes whatever. And I do further swear, that I will use my best
exertions to keep a quiet, peaceable and orderly house." Which oath
or affirmation so taken and subscribed, the said clerk shall file in his
office; and said clerk is also hereby required, before he grants such
liqense,to take from the applicant a bond, with not less than two good
and solvent sureties, payable to the Governor of the State for the time
being, and his successors in office, in the sum of — , con-
ditioned, that the said applicant will keep a peaceable and orderly
house, and not permit any unlawful gaming therein ; that he will not
Tetail any spirituous liquors to any slave, either in a greater or less
quantity than a quart, nor permit the same to be done, unless by the
permit in writiug of the master or overseer of the slave, and that he
will not permit slaves to assemble and remain idle on his premises.
Sec. 7. Be it enacted, That any person taking such oath who shall
violate the same or any part thereof shall be held guilty of perjury, and
on conviction thereof shall be punished as in other cases of perjury, and
the grand jurors of the several counties in all proceedings designed to en-
force the provisions of this section, shall observe the same rules and reg-
ulatiqns prescribed for their government in the several acts of this Stale
to suppress illegal gaming.
Sec. 8. Beit enacted, That whosoever shall sell spirituous liquors to
free persons of color, or to slaves without a written permit from their
master or overseer, shall be guilty of a misdemeanor, and be punished by
a fine of not less than fifty dollars, and imprisoned not less than three
weeks in the common jail of the county, and shall forfeit his license for
the time being, and never hereafter receive a license under the provisions
of this act.
Sec. 9. Be it enacted, That any person who shall be licensed as afore-
•aid to retail spirituous liquors shall keep an orderly house, and whoever
544
JOURNAL OF
shall fall to do so, shall be guilty of a misdemeanor, and be fined andim-
prisoned as in cases of misdemeanor at common law.
Sec. 10. Be it enacted, That whoever shall be convicted under this
act for any of the offences specified in it, if a licensed'retailer of'spirits,
shall immediately forfeit his license, and if he shall thereafter continue to
retail spirituous liquors, shall be liable in the same manner as if he had not
obtained a license.
Sec. 11. Beit enacted, That it shall be the duty of the clerks of the
Circuit courts to pay over to the Treasurer of the State for the use of the
State, the money or monies received by them, for licenses under the pro.
visions of this act.
Sec 12. Be it enacted, That if the said clerks shall fail or neglect to
take from persons applying for license as aforesaid, good and soiventse-
curities as aforesaid in manner as aforesaid, that any clerk so failing,
shall himself be held liable upon said bond, as if the same had been exe-
cuted by him.
Sec. 13. Beit enacted, That it shall be the duty of the several jus-
iices of the peace and constables in this State, in their respective civil
districts, or any other person, to observe and find out any violation of this
act, and to notify the Attorney General forthwith to institute proceed-
ings on said bond, if the violation be by a licensed retailer, and to enforce
the same against him and his securities, and it shall further be the duty
of said Attorney General, to enforce this act against such delinquents,
whether he be a licensed retailer or other person.
Sec. 14. Be it enacted, That an act, entitled an act, to repeal all laws
licensing tippling houses and for other purposes, passed January 26th, 18-
38, be and the same is hereby repealed, and also, that all laws and parts
of laws, heretofore enacted, coming within the provision and meaning of
this act, be and the same are hereby repealed.
Sec. 15. Beit enacted, That all laws prohibiting or in any manner
restraining the sale of liquors not spirituous or ardent, such as wines, ale,
porter, beer &c., be and the same are hereby repealed.
Sec. 16. Beitenacted, That the charter of the corporation of the
town of Nashville, be so amended uthat the Mayor and Aldermen of the
town of Nashville shall have power at any of the meetings of said body,
there being not less than two thirds of the said body present to require a
license to be taken out by persons having a license as provided under this
act, to retail spirituous liquors, which license shall be granted by the re-
corder of said town: Provided, that said corporation shall not require for
such license, more than the amount required by this act to be paidiora
State license.
Sec. 17. Be it enacted, That whoever shall sell spirituous liquors,
whether in a greater or less quantity than a .quart, when the same is
intended to be drank on the premises where the same is sold, not be-
in'/- a licensed retailer as prescribed by this act, shall be guilty of a
misdemeanor and punished therefor as in other cases of misdemeanor.
Which heing read, mr. Williams offered the following as an amend-
ment io said bill, to-wit:
That all laws heretofore enacted tending to- restrain the sale, or to
THE SENATE.
545
tax otherwise than to pay inspection fees, articles manufactured of the
produce of this State.
Which being read, it was decided and ruled that mr Williams in of-
fering said amendment was out of order.
Mr. Ross moved that said bill, with the amendments offered
thereto, be laid on the table until the first day of July next—and the
question thereupon being had, was determined in the negative—ayes
12, nays 13.
The ayes and noes being demanded,
The affirmative voters were;
Messrs. Ashe, Foster, Frey, Gardner, Ledbetter, Maclin, Martin, Mat-
thews, Peyton, Reneau, Ross, and Sevier—12.
The negative voters were:
Messrs. Bradbury, Hardwicke, Jennings, Johnson, Laughlin, Miller,
Motley, Nelson, Powell, Warner, Waterhouse, Williams, and mi.
Speaker Tnrney—13.
So said motion to lay said bill on the table until the 1st day of July
next, was rejected.
The question then recurred upon the adoption of the amendment of-
fered by mr. Jennings, in lieu of the amendment offered by mr. War-
ner to said bill—and the question thereupon being had, was determin-
ed in the negative—ayes 7, nays 18.
The ayes and nays being demanded,
The affirmative voters were :
Messrs. Bradbury, Jennings, Laughlin, Motley, Nelson, Reneau,
and Waterhouse—,7.
The negative voters were:
Messrs. Ashe, Foster, Frey, Gardner, Hardwicke, Johnson, Led-
better, Maclin, Martin, Matthews, Miller, Peyton, Powell, Ross, Se-
vier, Warner, Williams, and mr. Speaker Turney—18.
So said amendment offered in lieu of the amendment of mr. War-
ner, offered to said bill, was rejected.
The question then recurred upon the adoption of the amendment
offered by mr. Warner in lieu of the whole bill after the caption, which
being had, was determined in the negative—ayes 12, nays 13.
Affirmative voters 12.
The ayes and noes being demanded,
The negative voters were:
Messrs. Ashe, Foster, Frey, Gardner, Jennings, Ledbetter, Maclin,
Martin, Matthews, Peyton, Reneau, Ross, and Sevier—13.
So said amendment was rejected.
The question then recurred upon the passage of said bill, which
was had and determined in the negative—ayes 10, nays 15.
The ayes and noes being demanded,
The affirmative voters were :
Messrs. Bradbury, Hardwicke, Johnson, Laughlin, Miller, Powell,
Warner, Waterhouse, Williams and mr. Speaker Turney—10.
The negative voters were :
Messrs. Ashe, Foster, Frey, Gardner, Jennings, Ledbetter, Maclin,
37
546
JOURNAL OF
.Martin, Matthews, Motley, Nelson, Peyton, Reneau, Ross, and Sevier
—15.
So said bill was rejected Upon its. first reading in the Senate, and
was ordered to be transmitted to the House of Representatives.
Ordered that the clerk announce to the House of Representatives
the rejection of said bill by the Senate upon its first reading.
On motion of mr. Lcdbetter,
The Senate adjourned until to-morrow morning 9 o'clock.
TUESDAY, JAN. 25, 1842.
A message from the House of Representatives, by mr. Mitchell, their
clerk:
Mr. Speaker: The House of Representatives have taken up and
read a third time and passed the following entitled bills, to-wit:
A bill to incorporate the town of Hamilton, in Hamilton county.
A bill to amend an act entitled an act to establish a State Bank to
raise a fund for internal improvement, and to aid in the establishment
of a system of education, passed 19th January, 1838, and an act sup-
plemental thereto, passed 25th January, 1838.
A bill to prevent and suppress the issuing and circulating change
bills or tickets of any denomination whatever.
A bill to amend an act entitled an act to incorporate the inhabitants
of the town of Memphis, passed the 9th of December, 1826.
A bill for the relief of the owners of Iron works south and west of
the congressional reservation line.
A bill to amend an act entitled an act to dispose of the lands, in the
Ocoee District, passed the 28th day of Nov. 1S39, chap. 8.
A bill to require the Trustees of the Trenton .Male Academy to pay
over one half of the academy funds now accrued and Unexpended
and also one half the said funds hereafter to accrue to the Trustees of
the Trenton Female Academy.
A bill to exempt certain persons from attending battallion and regi-
mental musters.
A bill to regulate elections by the county courts.
A bill to incorporate the East Tennessee Manufacturing company.
A bill prescribing the duties of Sheriffs nnd other officers in certain
cases,
A bill to repeal an act declaring the Ocoee river navigable.
A bill for the benefit of occupant settlers south and, west of the con-
gressional reservation line in certain cases.
A bill to incorporate the Trustees of the Tusculum Academy.
Which bills severally I am directed by the House of Representa-
tives to transmit to the Senate and ask a concurrence therein.
And then he withdrew.
Mr. Warner, chairman of the committee on claims, to whom had
been referred the petition of Lot Hazzard, relating to certain land
claims, reports that said committee have had the same under consider-
ation, that the laws now in force provides for such claims, and that
said committee had instructed him to report said petition and accom-
THE SENATE.
547
panying documents, and ask to be discharged from the further consid-
eration thereof.
Which report being read the Senate concur therein, and saidpeti-
tioa and accompanying documents was laid on the table.
Mr. Williams introduced a bill to incorporate the Williamsport
Bridge company.
Which bill .was read a first time and passed.
Mr. Reueau introduced a bill to repeal the seventh section of an act
entitled an act to incorporate a literary institution at the town of Ma-
ryville, in Blount county, to be styled the Maryville College, passed
file 14th of January, 1842.
Which bill was read a first time and passed;
Mr Paytou, chairman of the Committee on new Counties and Coun-
ty lines, to whom had been referred a petition of sundry citizens of
Claibourne county praying that a new county be established out of
part of Hawkins and Claibourne counties, reports that said commit-
tee have had the same under consideration, that said committee had
instructed him to report said petition and recommend its transmission
to the House of Representatives.
Which report being read the Senate concur therein.
Ordered that said petition be transmitted to the House of Represen-
tatives.
The Senate, on motion of mr. Foster, took up and considered a bill
to extend the act of 1837-S, chapter 206, and to create a body politic
and corporate, to be called the Mutual Insurance and Trust company
of Columbia.
Which being read, mr. Foster moved to amepd said bill by adding
the following as a part of the 12th section of said bill:
" Provided that the provisions of this section shall not extend or
embrace the Mutual Insurance and Trust company of Franklin, in
the county of Williamson."
And the question upon the adoption of said amendment being
had, was determined in the negative—ayes 10, nays 13.
The ayes and noes being, demanded,
The affirmative voters were:
Messrs. Bradbury, Foster, Frey, Jennings, Nelson, Peyton, Re-
ueau, Sevier, Williams and mr. Speaker Turney—10.
The negative voters were :
Messrs. Ashe, Gardner, Hardwicke, Johnson, Laughlin, Ledbetter,
nrartin, Matthews, Miller, Motley, Ross, Warner and Waterhouse
—13.
So said amendment was rejected.
Mr. Ledbetter moved the re-consideration of the vote of the Senate
rejecting an amendment offered by mr. Foster to a bill from the House
of Representatives to extend the act of 1837-8, chapter 206, alid to
create a body politic and corporate, to be called the Mutual Insurance
and Tr i°t company of Columbia.
And t! ■ question upon the re-consideration of the vote rejecting
said amurln <*nt offered to said bill bpinghad, was determined in the
affirmative—ayes 13, nays 11.
648
^ JOURNAL OF
The ayes and noes being demanded,
The affirmative voters were :
Jlfessrs. Bradbury, Foster, Frey, Laughlin, Ledbetter, A/aclin,
Nelson, Peyton, Powell, Reneau, Sevier, Williams and mr. Speak-
er Turney—13.
The negative voters were:
Messrs. Ashe, Gardner, Hardwicke, Johnson, A/artin, JWatthew^
A/iller, A/otley, Ross, Warner, and Waterhouse—11.
So said motion to re-consider the vote of the Senate rejecting said
amendment prevailed.
When, on motion of mr. Ledbetter, said bill with the amendment
Was laid on the table.
Mr. Warner moved a re-consideration of 'the vote rejecting the reso-
lutions from the House of Representatives as amended by the Senate,
requiring the Banks in the State of Tennessee to resume specie pay-
ments.
Mr. Warner introduced a bill concerning the seat of government.
Which bill was read a first time and passed.
The Senate, on motion of mr. Ledbette;r, took up and considered a
message from the House of Representatives, transmitting the concur-
rence of the House of Representatives in an amendment made by tbe
Senate, to a bill from the House of Representatives to abolish and discon-
tinue spring musters and their court martials and drills,amending the se-
cond section of said bill, and non-concurring jn the Senate's amendment,
constituting the 7th section of said bill, establishing brigade camp
drills in the 13th brigade, composed of the counties of Rutherford and
Williamson.
On motion of mr. Ledbetter, the Senate recedes from the amend-
rnent made by the Senate to said bill constituting the seventh sectioa
thereof.
Ordered that the clerk re-transmit said bill to the House of Repre-
sentatives and announce the Senate's recession from the amendment
made to said bill constituting the 7th section.
The Senate, on motion of mr. Jennings, took up and considered a
message from the House of Representatives transmitting an amend-
mentinade by the House of Representatives to the Senate's bill to au-
thorise the banks of this State to issue notes of smaller denominations
than five dollars.
The first amendment made to said bill consists in striking out of the
caption thereof the words " Banks of the State," and inserting in
lieu thereof "Bank of Tennessee."
Second amendment adding to said bill the following:
Provided that the issue of small notes shall be duly apportioned
among the several branches of the Bank of Tennessee, and not con-
fined alone to the principal bank at Nashville.
Which being read, on motion of mr. Jennings, the Senate concur in
the amendments made by the House of Representatives to said bill.
Ordered that the clerk acquaint the House of Representatives there*
wun.
The Senate, on motion of mr. Miller took up and considered a bill
from the House of Representatives, to authorise the transfer of certain
THE SENATE.
549
civil suits from Bradley county to Polk county.
Which bill was read a third and last time, and the question "Shall
said bill pass ?" was had and determined in the affirmative.
So said bill was passed upon its third and last reading in the Sen^
ate—was ordered to be transmitted to the House of Representatives
for enrollment.
Mr. Williams introduced a bill to incorporate the Williamsport
Bridge company.
Which bill was.read a first time and passed.
Air. Williams asked and obtained leave to withdraw said bill for
amendment.
The Senate took up and considered a bill to* establish a State Agri-
cultural Society.
Which bill was read a third time—when
Air. Williams moved to amend said bill by striking out the 11th
section, which is in the following words, to-wit:
" Sec. 11. Be it enacted, That the Legislature shall have power at
any time to alter, amend or repeal the charter, whenever in their opin-
ion the public good requires it.
Which being read, and the question upon the adoption of said
amendment being had, was determined in the negative—ayes 11, nays
14.
The ayes and noes being demanded,
The affirmative voters were:
A/essrs. Ashe, Bradbury, Foster, Frey, Jennings, Nelson, Peyton,
Reneau, Sevier, Williams and mr. Speaker Turney—11.
The negative voters were :
Messrs. Gardner, Hardwicke, Johnson* Laughlin, Ledbetter, Mae-
Iin, Martin, Matthews, Miller, Motley, Powell, Ross, Warner and Wa~
terhouse—14.
So said amendment was rejected.
The question then recurred upon the passage of said bill, which was
had and determined in the affirmative—ayes 20, nays 5.
The ayes and noes being demanded,
The affirmative voters were :
Messrs. Ashe, Bradbury, Foster, Frey, Gardner, Hardwicke, Jen-
nings, Johnson, Laughlin, Ledbetter, Aiartin, Afiller, A/otley, Nelson,
Peyton, Powell, Reneau, Sevier, Williams and mr. Speaker Turney
—20.
The negative voters were:
Messrs. A/aclin, A/atthews, Ross, Warner, and Waterhouse—5.
So said bill was passed upon its third and last reading—was or-
dered to be engrossed and transmitted to the House of Representa-
tives.
Mr. Peyton submitted the following:
Whereas, the question of the repudiation of State debts has recent-
ly been entertained to some extent in different portions of the Union,
and has become a subject of discussion in the public journals ; and
Whereas, by reason of such doilbt and discussion, the credit of the
States, eVen those in which the idea of repudiation of debts is itself
530
JOURNAL OF
discountenanced, and repudiated, may become impaired and injured
in the estimation of the citizens of foreign nations, with which this
country holds relations of amity and extensive commercial intercourse,
whose continued confidence it should be our pride, as well as our da-
ty, as a sovereign and independent State to maintain—Therefore,
> 1. Resolved by the General Assembly of the State of Tennessee,
That a prompt payment and fulfilment of all her debts, obligations,
an'd engagements in good faith, is a paramount duty which cannot be
disregarded or set aside, consistently with the honor of the citizen or
of the State.
2. Resolved, That copies of the foregoing preamble and resolution
be transmitted by the Governor to the President of the United States,
the Executives'of the several States, and our Representatives in Con-
gress; which being read, was laid on the table.
The Senate, on motion of mr. Maclin, took up and considered a bill
from the [louse of Representatives to incorporate the Memphis City
Hotel Company in the town of il/emphis.
Which being read as amended a third time—when mr. Jennings
moved to amend said bill by striking out an amendment offered by
mr. t/l/artin to the last section of said bill, and adopted by the Senate,
which is as follows:
And that the private property of the stockholders shall be bound to
secure the debts that said corporation may contract.
Which being read, and the question upon said amendment, bysfrik-
ing out the amendment adopted by the Senate to said bill, on motion
of mr. il/artin, being had, was determined in the affirmative—ayes 12,
nays 9.
The ayes and noes being demanded,
The affirmative voters were :
Messrs. Bradbury, Foster, Frey, Jennings, Maclin, Nelson, Peyton,
Reneau, Sevier, Williams, and mr. Speaker Turney—12.
The negative voters were :
jl/cssrs. Hardwicke, Johnson, Laughlin, Martin, Matthews, Miller,
Motley, Warner, and Waterhouse—9.
So said amendment was adopted by striking out the amendment
made to the last section of said bill.
And said bill as amended was read a third and last time, and the
question recurring upon the passage of said bill was had, and deter-
mined in the affirmative.
So said bill as amended was passed upon its third and last reading
—was ordered to be transmitted to the House of Representatives.
Ordered that the clerk acquaint the House of Representatives with
the Senate's amendment to said bill, and ask a concurrence therein.
The Senate^ on motion of mr. Martin, took up and considered a
bill to secure the estates of Orphans.
Which bill was read a second time and passed.
The Senate took up and considered a bill from the House of Rep-
resentatives for the relief of securities and endorsers in certain cases.
Which bill was read a first time and passed.
The Senate, on motion of mr. Johnson, took up and considered a
THE SENATE.
541
message from the House of Representatives, transmitting a resolution
adopted by the 4 Senate proposing to cede to the United States that
portion of the State of Tennessee, commonly called East Tennessee,
to be erected into a separate atid independent State sovereignty, to be
called the State of Frankland, with Certain amendments made by
the House of Representatives thereto.
Which being read, mr. Johnson moved a non-concurrence in said
amendments, and that the Senate send an insisting message that the
House of Representatives recede from the said amendments to said
resolutions.
Which being considered, the Senate non-concur in the amendments
made to said resolutions.
Ordered that the clerk acquaint the House of Representatives with
the non-concurrence of the Senate in the amendments of the House
made to said resolutions, and ask a recession of said amendment and
a concurrence in said resolution.
The Senate, on motion of mr. Powell, took up and considered a bill
, to authorize the sale of the bonds of the State, (known as the river
bonds,) allotted to East Tennessee and the Western District by the
act of 1S37-8, and for other purposes—being the order of the day for
this day.
Which being read, mr. Powell moved to amend said bill by adding
after the 4th section the following, to-wit:
Sec. 5. Be it enacted, That the proceeds of the sales of the public
lands that may be appropriated to this State under the act of Con-
gress entitled an act to appropriate the proceeds of the sales of the
public lauds, and to grant pre-emption rights, that portion authorized
by the Constitution of this State to be appropriated to internal im-
provements shall be applied to the payment of the State bonds au-
thorized by this act to be negotiated, provided said proceeds of public
lands shall be received by this State.
Which being read, mr. Turney moved to amend said bill by adding
thereto the following:
Be it enacted, That it shall be the duty of the Governor to execute
and deliver to the commissioners of Fentress county the ten thousand
dollars in bonds of such size as may be required to be by them ex-
pended and paid for the improvement of the rivers in Fentress county,
and said bonds shall be paid in the manner pointed out by this act:
Provided, that no other bonds shall issue to said county, and that said
bonds shall be taken from the river bonds appropriated to Middle
Tennessee.
Which being read, mr. Turney afterwards withdrew.
The question then recurred upon the adoption of the amendment
proposed by mr. Powell to said bill, which was thereupon had and
determined in the affirmative—ayes 16, nays 9.
The ayes and noes being demanded,
The affirmative voters were :
3/essrs. Ashe, Bradbury, Foster, Frey, Gardner, Jennings, Johnson,
JRaclin, J\1 iller, "Nelson, Powell, Reneau, Sevier, Waterhouse, Wil-
liams andmr. Speaker Turney—16.
552
JOURNAL OF
The negative voters were:
A/essrs. Hardwicke, Laughlin, Ledbetter, A/artin, A/atthe\ys, A/ot-
ley, Peyton, Ross, and Warner—9.
So said amendment was adopted.
On motion of mr. Ross,
The Senate adjourned until 2 o'clock, p. m.
evening session.
A message from the House of Representatives, by mx< Mitchell, their
derk:
Mr. Speaker : The House of Representatives has read a third
time and passed
A bill for the revision of the statute laws of the State of Tennes-
see, which I am directed to transmit to the Senate, and ask a concur-
rence therein.
The Speaker of the House of Representatives did this day sign the
following enrolled bills, entitled
An act to amend an act entitled an act to reform and amend the pe-
nal laws of the State of Tennessee, passed 9th day of December*
1S29. Also,
An enrolled resolution directory to the Superintendent of Public In-
struction. Also,
An enrolled resolution directory to the Comptroller of the Treasury,
authorising him to settle the account of the sheriff of Humphreys
county for the taxes due the State for the year 1840; which I am di-
rected to transmit to the Senate. And then he withdrew.
Whereupon, the Speaker of the Senate did sign said enrolled act
and said enrolled resolutions severally, and ordered that said enrolled
act and enrolled resolutions be re-transmitted to the House of Repre-
sentatives for the further action of the blouse thereon to be had.
The Senate took up and considered the following bills from the
House of Representatives, upon their first reading in the Senate, to-
wit:
A bill explanatory of an act passed Dec. 2, 1831, entitled an act to
prevent the violation of graves, &c.
A bill to amend the second section of an act entitled an act to incor-
porate the Clarksville Marine and Fire Insurance and Life and Trust
Company, passed 15th January, 1S40.
A bill to amend the law of descents in certain cases.
A bill to amend an act entitled an act to establish a State Bank, to
raise a fund for internal improvements, ancf to aid in the establishment
of a system of education, passed 19th January, 1838, and an act sup-
plemental thereto, passed 25th January, 1? -'8.
A bill to incorporate the town of Harris nn, in Hamilton county.
A bill to dispose of that portion of the i oneys arising from the sale
.of the public lands, to which Tennessee m, y be entitled under the act
of Congress of the extra session of 1S41, commonly called the distri-
bution bill.
THE SENATE.
553
A bill to incorporate the East Tennessee Manufacturing Company.
Which bills were severally read a first time and passed.
The Senate took up and considered a bill from the House of Repre-
sentatives for the revision of the statute laws of the State of Tennes-
see; which bill was read a first time, when
Air. Ledbetter moved the indefinite postponement of said bill, and
the question thereupon being had, was determined in the affirmative.
So said bill was indefinitely postponed upon its first reading.
Ordered, that said bill be transmitted to the House of Representa-
fives, and that the clerk acquaint the House therewith.
The Senate, 011 motion of mr. Peyton, took up and considered a bill
from the House of Representatives to diminish the corporate limits of
tlie town of Gallatin; which bill was read a second time and passed.
Mr. Frey, chairman of the committee on enrollments, reported as
correctly enrolled a bill entitled an act to incorporate the State Agri-
cultural Society.
Whereupon, the Speaker of the Senate did sign said enrolled act,
and ordered that the same be transmitted to the House of Representa-
fives.
Mr. Peyton submitted the following:
1. Resolved by the General Assembly of the State of Tennessee,
That there shall be three commissioners, one from each grand division
of the State, appointed by this General Assembly, to examine into the
condition of the branches of the Bank of Tennessee, and report to the
next Legislature.
2. Resolved, That said commissioners shall be commissioned by the.
Governor of the State, and that such commissioners shall be received
by the President and Directors of said branches of the Bank of Ten-
nessee, as full and sufficient authority to justify said President and Di-
rectors to afford to such commissioners full and unrestricted facilities to
examine the books, papers and money, and all things pertaining to
said branches.
3. Resolved, That said commissioners shall have full power to send
for persons and papers, and administer oaths to such witnesses as may
be deemed necessary to exhibit a full and satisfactory condition of said
banks, and the manner in which they have been managed.
4. Resolved, That said commissioners shall make their report on
oath to the next General Assembly, and shall receive for their services
the sum of three dollars each per day.
5. Resolved, That should the Governor feel it to be his duty to con-
vene the Legislature in extra session, he is hereby requested to present
this subject to the General Assembly that may convene in extra ses-
sioilin pursuance of his proclamation, in order that the report of said
bank commissioners may be presented to the Legislature at the earliest
day practicable.
Which being read, was laid on the table.
The Senate, on motion of mr. Powell, resumed the unfinished busi-
ness of the morniug, being a bill to authorise the sale of the bonds of
the State (known as the River bonds) allotted to East Tennessee and
554
JOURNAL OF
the Western District by the act of 1837-8, and for other purposes;
when
J\Tr. Laughlin moved the following amendment to said bill:
Be it enacted, That the bonds authorised to be sold by this act shall
not, under any pretext, be sold for less than their par and nominal va-
lue, in specie or its equivalent, nor shall the Bank of Tennessee ad-
vance any money on the same, in any form, unless the market value
and price of said bonds shall be at par;- which being read,
Mr. Laughlin moved the adoption of said amendment, and the ques
tion thereupon being had, was determined in the negative—ayes 11,
noes 14.
The ayes and noes being demanded,
The affirmative voters were :
Messrs. Hardwicke, Johnson,Laughlin, Ledbetter, Martin, Matthews,
Motley, Peyton, Ross, Warner and Waterhouse—11.
The negative voters were :
Messrs. Ashe, Bradbury, Foster, Frey, Gardner, Jennings, Maclin,
Miller, Nelson, Powell, Reneau, Sevier, Williams and mr. Speaker
Turney—14.
So said amendment was rejected.
The question then recurred upon the passage of said bill, which
.was had aud determined in the affirmative—ayes 14, noes 11.
Tke ayes and noes being demanded,
The affirmative voters were:
Messrs. Ashe, Bradbury, Foster, Frey, Gardner, Jennings, Maclin,
Miller, Nelson, Powell, Reneau, Sevier, Williams and mr. Speaker
Turney—14.
The negative voters were":
Messrs. Hardwicke,Johnson, Laughlin, Ledbetter,"Martin, Matthews,
Motley, Peyton, Ross, Warner and Waterhouse—11.
So said bill was passed upon its third and last reading, and was or-
dered to be engrossed and transmitted to the House of Representatives.
The Senate, on motion of mr. Turney, took up and considered a bill
to settle the claims of the improvers of the rivers iu Fentress comity;
when
Mr. Turney asked and -obtained leave to withdraw said bill for
amendment.
The Senate, on motion of mr. Johnson, took up and considered a
'message from the House of Representatives, transmitting a certain
preamble and resolutions adopted by the House of Representatives,
instructing our Senators ill Congress, (if there be any elected,) and re-
questing our Representatives, to vote for the repeal of the bankrupt
law; which being read,
On motion of mr. Johnson, the consideration of said preamble and
resolutions is made the order of the day for to-morrow, the 26th in-
stant.
The Senateon motion of mr. Foster took up and considered a bill from
the Hou^e of Representatives to extend the act of 1837-8, chapter 206,
and to create a body politic and corporate, to be called the Mutual Insur-
ance Company of Columbia,
THE SENATE.
555
Which bill being read a second time, and the question recurring upon
the adoption of the amendment heretofore offered by tnr. Foster, consti-
tuting part of the 12th section of said bill being had, was determined in
the affirmative—ayes 12, noes 11.
The ayes and noes being demanded,
The affirmative voters were :
Messrs. Bradbury, Foster, Frey, Jennings, Ledbetter, Maclin, Nelson,
Peyton, Reneau, Sevier, Williams and mr. Speaker Turney—12.
The negative voters were :
Messrs. Ashe, Hardwicke, Johnson, Laughlin, Martin, Matthews, Mil-
ler, Motley, Ross, Warner and Waterhouse—11. .
So said amendment was adopted.
Mr. Ross moved to amend said bill b.y adding the following section
thereto as follows:
Be it enacted, That any future Legislature shall have power to alter,
amend or repeal said charter, if in their opinion the public good requires
,h' r
Which being read, an'd the question upon the adoption of said amend-
ment being had, was determined in the negative—ayes 11, noes 12.
The ayes .and noes being demanded,
The affirmative voters were :
Messrs. Gardner, Johnson, Laughlin, Maclin, Martin, Matthews, Miller,
Motley, Ross, Warner and Waterhouse—11.
The negative voters were :
Jl/essrs. Ashe, Bradbury, Foster, Frey, Hardwicke, Ledbetter, Nel-
son, Peyton, Reneau, Sevier, Williams and mr. Speaker Turney—12.
So said amendment was rejected.
The question then recurred upon the passage of said bill, which was
had and determined in the affirmative—ayes 13, noes 11.
The ayes and noes being demanded,
The affirmative voters were :
Messrs. Bradbury, Foster, Frey, Jennings, Laughlin, Ledbetter, Nel-
6on, Peyton, Powell, Reneau, Sevier, Williams and mr. Speaker Tur-
ney—13.
The negative voters were :
Messrs. Ashe, Hardwicke, Johnson, Maclin Martin, Matthews, Miller,
Motley, Ross, Warner and Waterhouse—11.
So said bill as amended was read a second time and passed.
On motion of mr. Ashe,
The Senate adjourned until to-morrow morning 9 o'clock.
WEDNESDAY, JAN. 26, 1842.
A message from the House of Representatives by mr. .Mitchell theia
clerk :
Mr. Speaker : The House of Representatives have taken up, read
a third time and passed the following entitled bills, to wit:
A bill to appoint commissioners of the Bean's Station Turnpike road,
and for other purposes.
55(5
JOURNAL OF
f A bill fo amend the second section of an act, entitled an act, to prevent
the poisoning of fish in any of the waters of this State, passed November
19th,. 1832, chapler 74.
A bill to amend'the charter of the Obion Turnpike Company—which
bills 1 am directed to transmit to the Senate, and to ask a concurrence
therein.
The House of Representatives have taken up and considered the report
of the joint Select committee concurred in by the Senate, relating to the
number of Acts and Journals of the present General Assembly to be
printed, and non concur therein, and amend—which I am directed to
transmit to the Senate and ask a concurrence in said amendments.
The House of Representatives have adopted a resolution directory to
the Secretary of State, relating to the appointment of an agent at Knox-
ville, with power to receive and receipt for that portion of the Acts and
Journals of the present General Assembly to which East Tenessee may
be entitled—which 1 am directed to transmit to the Senate and ask a con-
currence therein.
The Speaker of the House of Representatives did this day sign the
following enrolled bill, entitled an act to authorise the Bank of Tennes-
see to issue notes of a smaller denomination than five dollars.
The Speaker of the House of Representatives has signed an enrolled
resolution for the relief of John England and for other purposes—which
1 am directed to transmit to the Senate.
And then he withdrew.
Whereupon the the Speaker of the Senate ordered that said enrolled
act and enrolled resolution be deposited in the office of the Secretary of
State, for the State of Tennessee.
The Senate took up and considered a bill from the House of Repre-
sentativesfo authorise the payment of certain rnbnies therein mentioned,
to the common school district commissioners, of the lhh school district
of McNairy county.
"Which bill was read a |hird and last time, and the question, shall said
bill pass, was bad and determined in the affirmative.
So said bill was passed upon its third and last reading, and was order*
ed to be transmitted to the House of Representatives lor enrollment.
The Senate on motion of mr. Johnson, took up and considered a mest
sage from the House of Representatives, transmitting a resolution adopb
ed by the House of- Representatives, instructing our Senators in Con*
gress, if there be any elected,and lequesting our Representatives to vote
for the repeal of the Bankrupt law, and asking the concurrence of the
Senate therein, the consideration of which, by a rule of the Senate, is
made the order of the day for this day.
Which being read, and the question upon a concurrence in the adoption
of said resolution being bad, was determined in the affirmative—ayes 18,
noes 5.
The ayes and noes being demanded,
The affirmative voters were:
Messrs. Ashe, Bi ad bury,. Foster, Hardwicke, Jennings, Johnson,
THE SENATE.
557
Laughlin, Ledbetter, siaclin, Martin, Matthews, Miller, Motley, Powell,
Ross, Warner, Waterhouse and Williams—18.
The negative voters were :
Messrs. Frey, Nelson, Peyton, Reneau and Sevier—5.
So the Senate concur in said resolutions.
Ordered that the clerk transmit said resolution to the House of Rep-
resentatives and announce the concurrence of the Senate therein.
A message from the House of Representatives by mr. Mitchell their
Clerk:
Mr. Speaker : The Speaker of the House of Representatives did this
day sign an enrolled bill, entitled an act to authorise the transfer of certain
civil cases from Bradley county to Polk county—which I am directed to
transmit to the Senate.
And then he withdrew.
Whereupon the Speaker of the Senate did sign said enrolled act, and
ordered that the same be re-transmitted to the House of Representatives
for the further action of the House thereon to be had.
The Senate took up and considered a bill to repeal the seventh section
of an act, entitled an act, to incorporate a Literary institution at the town
of Maryville, in Blount county, to be styled the Maryville Cellege, pass-
ed the 14th of January, 1842,
Which bill was read a second time and passed.
Mr. Hardwicke submitted the following :
Resolved by the General Assembly of the State of Tennessee, That the
ninth section of the eleventh article of the constitution of the State of
Tennessee, be so amended as to prohibit the General Assembly from di-
recting the issuance of State bonds in any manner, or for any purpose,
except it becomes necessary in the liquidation of those already issued, or
to be issued under the existing laws of the State.
Which being read, was laid on the table.
Mr. Laughlin submitted the following :
Resolved by the General Assembly of the State of Tennessee, That
when the same shall be properly passed and ratified, the following shall
form and constitute a part of the constitution of the State of Tennessee,
to wit:
The General Assembly shall have no power to create State debts by
pledging the faith of the State by law or otherwise, nor power to bor-
row money, except to pay the current expenses of civil government,
or to suppress invasion or insurrection.
Which being read, was laid on the table.
The Senate, on motion of mr. Waterhouse, took up and considered
11 motion made by mr. Turney to re-consider the vote of the Senate
rejecting a bill to authorize the President and Directors of the Plan-
tors' Bank of Tennessee, to withdraw its branch from Athens and to
establish a branch at Chattanooga, in Hamilton county.
And the question upon the re-consideration of said vote, rejecting
said bill, being had, was determined in the affirmative.
So the Senate agree to re-consider said bill.
On motion of mr. Waterhouse, said bill was laid on the table.
558
JOURNAL OF
il/essrs. Lewis Reileau and John R. Nelson, Senators, presented the
following, and asked to have the same enrolled upon the journal of
the Senate as their protest against, the adoption of a certain resolution
proposing to instruct our Senators in Congress, when elected, and re-
questing our Representatives to vote for a repeal of the Bankrupt
law—which is as follows, to wit:
To the resolution this day adopted instructing our Senators and Rep-
resentatives in Congress to give their support to a repeal of a law,
passed at the last session of Congress, commonly called the Bankrupt
law, the undersigned protest, and offer the following as their reasons,
to-wit: That the Fathers of the Revolution, in framing the great char-
ter of human liberty, the Constitution for the government of the
United States, expressly provided that Congress should have power
to pass a uniform system of Bankruptcy; and it was the opinion of
■General Jackson, as declared in his message to Congress in December,
1827, (see book of messages, page 305) that policy, justice and hit-
inanity required the passage of such a law in relation to government
debtors, and must theiefore have held the same opinions in relation to
other debtors also. In this message he says : " In connection with
the foregoing view I would suggest also an inquiry, whether the pro-
visions of the act of Congress authorizing the discharge of the persons
of debtors to the Government from imprisonment, may not consistent-
ly with the public interest be extended to a releasement of the debt,
where the conduct of the debtor is wholly exempt from the imputa-
tion of fraud. Some more liberal policy," says he, "than that which
now prevails, in reference to this unfortunate class of citizens, is cer-
Jtainly due to them and would prove beneficial to the country. The
continuance of the liability after the means to discharge it have been
exhausted, can only serve to dispirit the debtor, or where his resources
are but partial, the want of power in the government to compromise
and release the demand instigates to fraud as the only resource
for securing support to his family. He thus sinks into a state of
apathy and becomes a useless drone in society, or a vicious member
of it, or a feeling witness of the rigor and inhumanity of his country.
All experience proves that oppressive debt is the bane of enterprize,
and it should be the care of a republic not to exert a grinding over
misfortune and poverty."—(See Van Buren's special message of Sep-
tember, 1827, book of messages, 623.) The undersigned admit that
there are imperfections in the law passed at the called session of Con-
gress, commonly called "The Bankrupt Law," but believe that the
importance of the subject, and the opinions of General Jackson and
Martin Van Bureh, together with the opinions of those who framed
the Constitution, are, upon this subject, entitled to a respectful con-
■sideration. This law being the result of a first attempt at legislation
upon that important subject, it would be unreasonable to expect it to
have produced a perfect system of Bankrupt laws. Time and expe-
rience are necessary to the perfection of laws upon any and all impor-
tant subjects.
The undersigned believe it to be the right and privilege of the peo-
pie - to make themselves acquainted with and judge of the provisions
THE SENATE.
559
of this law, and that it is their right, and nof the right of a few1 politi-
cians, to instruct their Representatives in Congress upon this subject,
and to require them to so amend it that its supposed benefits may be
tested, or if it should be their pleasure, it is their right to direct its re-
peal without further attempts to make it perfect.
They believe that neither the Constitution of the United States, nor
that of the State of Tennessee gives any right or power to the Gen-
eral Assembly, or its members as such, to instruct members of Con-
gress upon the subject of their official duty.
The members of both the branches'of Congress are all the public
servants of the people, elected to protect their rights and to promote
their peace, prosperity and happiness.
They are not elected to represent the General Assembly, or its inem-
bers as such, nor does the Constitution of the United States 'or the
State of Tennessee require any such duty of them.
The power by which the General Assembly elects Senators to Con-
gress, is a power delegated by the people through the Constitution to
be exercised by its members as their servants and for their benefit,
and that Senators and Representatives in Congress are the public ser-
vants of the people, and are not the servants ojr agents of the General
Assembly, nor of its members. These public servants are, therefore,
responsible \o the people for their conduct, and they have a consti-
tutional right to instruct them. Members in Congress, both Senators
and Representatives, being constitutionally and in fact the servants of
the people, elected to attend to their interest and responsible to them,
and the people having a right to instruct them and command their ser-
vices, it follows in reason, as it does in fact, that the Constitution ought
not, and in fact does not, either expressly or impliedly, give to the
General Assembly, or its members as such, any right or power to in-
struct Senators or Representatives in Congress.
Any such right would be inconsistent with the rights of the people.
It would be placing two inconsistent, instructing and controlling pow-
ers over this class of public servants; and " nd man can serve two
masters."
They further believe, that the practice of State Legislatures attempt-
ing to control the action of Congress by instructions, is an usurpation
of power, which constitutionally belongs to the people. They believe
it to be at war with the whole genius and spirit of our government,
and that no authority can be found, either express or implied, for it in
the constitution,
For these reasons, the undersigned offer this, -their protest, against
said resolution and vote, and respectfully ask to have the same entered
upon the journals. LEWIS RENEAU,
JOHN R. NELSON.
Which being read, wp.s ordered to be enrolled upon the journals of
the Senate.
The Senate, on motion of mr. Jennings, took up and considered a
bill from the House of Represent itives to establish a Criminal court
for the county of Davidson j which bill was read a third time, when
560
JOURNAL OF
Mr. Foster offered the following amendment to said bill, constituting
the 12th section, as follows, to-wit:
Sec. 12. Be it enacted, That the judge of said Criminal court shall
not practice as attorney or counsellor in any court of law or equity in
this State; which being read, and the sense of the Senate thereon had,
said amendment was adopted.
Mr. Jennings moved to amend said bill, by adding thereto the fol-
lowing, constituting the 13th section of said bill, as follows:
Sec. 13. Be it enacted, That, in every case which may come up for
trial before said court, and in which the judge may be legally disqual-
ified to act, the said judge shall certify the same to the judge of the
Circuit court of Davidson county, whose duty it shall thereupon be-
come, to sit in the trial of such case, in place of the judge so disquali-
fied, and at a»period as early as may be consistent with a properdin
charge of the other duties of his station; which being read and con-
sidered by the Senate, said amendment was adopted.
And said bill, as amended, was read a third and last time, and the
question upon the passage of said bill was had and determined in the
negative—ayes 10, noes 14.
The ayes and noes being demanded,
The affirmative voters were:
Messrs. Ashe, Bradbury, Foster, Frey, Jennings, Laughlin, Afaclin.
Powell, Ross and Sevier—10.
The negative voters were:
Messrs. Hardwicke, Johnson, Ledbetter, A/artin, Aiatthews, A/iller,
AJotley, Nelson, Peyton, Reneau, Warner, Waterhouse, Williams and
mr. Speaker Turney—14.
So said bill was rejected upon its third and last reading.
Mr. Reneau moved a re-consideration of the vote of the Senate re-
jecting a bill to establish a Criminal court for the county of DavidsoD,
upon its third and last reading.
And the question upon the re-consideration of said vote rejecting
said bill, being had, was determined in the affirmative—ayes 13,
noes 8.
The ayes and noes being demanded,
The affirmative voters were:
Messrs. Ashe, Bradbury, Foster, Frey, Hardwicke, Jennings, Laugh-
lin, Ledbetter, A/aclin, Peyton, Powell, Reneau, Sevier, Williams and
mr. Speaker Turney—15.
The negative voters were:
Messrs. Johnson, A/artin, A/atthews, A/iller, A/otley, Nelson, War-
ner and Waterho use—8.
So said motion to re-consider said vote rejecting said bill, prevailed.
And the Senate will further consider said bill.
Mr. Jennings asked and obtained leave to withdraw said bill for
amendment.
The Senate, on motion of mr. Laughlin, took up and considered a
bill to alter the time of holding the Circuit courts of Cannon county ;
which bill being read,
Mr. Laughlin rhoved to amend said bill, by striking out of the cap-
THE SENATE.
561
tion thereof, and out of said bill, the word " Cannon," wherever the
same occurs, and insert in lieu thereof the word " Warner ■" which
being read, and the sense of the Senate thereon had, said amendment
was adopted.
And said bill, as amended, was read a third and last time, and the
question upon the passage of said bill was had and determined in the
affirmative.
So said bill, as amended, was passed upon its third and last reading,
and was ordered to be engrossed and transmitted to the House of Re-
presentatives.
Mr. Foster moved the re-consideration of the Senate's vote of yester-
day, postponing indefinitely, a bill from the House of Representatives to
revise the laws of the Stale of Tennessee,
'And the question upon the vote indefinitely postponing said bill was
had, and determined in the negative—ayes 9, noes 14.
The ayes and nays being demanded,
The affirmative voters were :
Messrs. Ashe, Bradbury, Foster, Jennings, Laughlin, Maclin, Peyton
and Reneau—9.
The negative voters were :
Messrs. Frey, Johnson, Ledbetter, Martin, Matthews, Miller, Jlfotley,
Nelson, Powell, Sevier, Warner, Waterhouse, Williams and mr. Speak-
er Turney—14.
So said motion to re-consider the Senate^s vote indefinately postponing
said bill, was rejected.
On motion of inr. Bradbury,
The Senate adjourned until 2 o'clock, p. m.
EVENING SESSION.
Mr. Foster returned a bill from, the House of Representatives fo nu-
iliorise and require the entry taker of the Ocoee district to refund money
in certain cases, by him withdrawn for amendment, with the following
amendment constituting the 4th and 5th sections of said bill as follows :
Sec. 4. Be it enacted, That all person or persons claiming to have
money refunded under the provisions ©f this act, shall present to the
Judge of the 3d Judicial circuit in vacation or term time, his or their pe-
tition, setting forth and describing his or their entry, its number and
quantity of land, and range and section, and money paid into office, to-
gelher with the character and description of the occupant entries so inter-
fering- and taking the land or the part of the land of such a person, or the
assignee of such person or persons, being a general enterer; and if such
Judge shall be satisfied from the law of the land, and the legal testimony
adduced before him, that the land, or part of the land of such person or
persons, or the assignees of such person or persons being a general enter-
er, has been taken from such person or persons, Or the assignee of such
person or persons, and that such land so entered by the general enterer
was in the first instance bona fide entered, and without any collusion be-
Uveen said general enterer and the occupant claimant, and if such Judge
38
562
JOURNAL OF
shall be further of opinion that such general enterer at the time of making
his entry was ignorant of the occupant claim or entry so interfering with
the claim of such general enterer, and that such inteference between said
entry claim and occupant was without the procurement or inducement
under covert of said general enterer; it shall be the duty of such Judge,
after a full examination of the testimony and law, to give a certificate to
the person or persons so presenting said petition for the amount of money
to be refunded to him, her or them, under this act, because of the loos of
Ihe whole of the land or so much thereof as shall be lost by reason and
from the causes aforesaid, and which sum of money upon the presentation
of said certificate to the entry taker of the Ocoee district, he is hereby
directed to pay and register said certificate.
Sec. 5. Be it enacted, Thai the person or persons so presenting a
petition under this act, whether in term time or in vacation, shall give
to the Entry Taker of the Ocoee District five days previous notice
thereof in writing, and it is hereby made the duty of said Entry Ta-
ker in behalf of the State, to attend to said proceedings under said pe-
tition and .to the taking and procuring testimony, which petition or pe-
titions, if prosecuted in term time, shall be presented to said judge at
Cleveland and Benton.
Which being read, and the question upon the adoption of said amend-
ment beiug had, was determined in the affirmative.
So said amendment was adopted.
And said bill as amended was read a third and last time; and the
question recurring upon the passage of said bill was had and deter-
mined in the affirmative— ayes 15, nays 4.
The ayes and noes being demanded,
The affirmative voters were :
Messrs. Foster, Frey, Hardwicke, Jennings, Laughlin, araclin,
martin, Matthews, Miller, Reneau, Ross, Sevier, Warner, Williams and
mr. Speaker Turney—15.
The negative voters were :
Messrs. Johnson, Motley, Nelson, and Waterhouse—4.
~So said bill as amended was passed upon its third and last reading,
and was ordered to be transmitted to the House of Representatives.
Ordered that the clerk announce to the House of Representatives the
Senate's amendments to said bill and ask a concurrence therein.
The Senate took up and considered a bill from the House of Repre-
sentatives for the relief of George C. Bradley, former Jailor of Haw-
kins county.
Which bill was read a third and last time, and the question upon
the passage of said bill was had and determined in the affirmative—
ayes 15, nays 6.
The ayes and noes being demanded,
The affirmative voters were:
Messrs. Bradbury, Jennings, Johnson, Laughlin, Ledbetter, Maclin,
Martin, Miller, Peyton, Po well, Reneau, Ross, Warner, Williams and
and mr. Speaker Turney—15.
The negative voters were :
Messrs. Frey,Matthews, Motley, Nelson, Sevier and Waterhouse—6.
So said bill was passed upon its third and last reading, and was or-
THE SENATE.
563
dered to be transmitted to the House of Representatives for enroll-
ment.
The Senate took lip and considered a bill from the House of Rep-
resentatives to amend the act of 1836, chapter 43, in relation to attach-
ments.
Which bill was read a third and last time, and the question upon
the passage of said bill was had and determined in the affirmative—
ayes 17, nays 5.
The ayes and noes being demanded,
The affirmative voters were :
Messrs. Ashe, Bradbury, Frey, Hardwicke, Jennings, Johnson,
Laughlin, Ledbetter, Jifatthews, Nelson, Peyton, Powell, Reneau,
Ross, Sevier, Williams and mr. Speaker Turney—17.
The negative voters were :
Messrs. Jl/aclin, Jl/artin, il/atthews, 3/iller and Nelson—5.
So said bill passed upon its third and last reading in the Senate, and
was ordered to be.transmitted to the House of Representatives for en-
rollment.
The Senate took up and considered a bill from the House of Repre-
sentatives to amend the act of 1831, chapter 24.
Which bill was read a third and last time, and the question upon
the passage of said bill being had, was determined in the affirma-
tive—ayes 16, nays 4.
The ayes and nays being demanded,
The affirmative voters were:
Messrs. Bradbuly, Foster, Frey, Hardwicke, Jennings, Johnson,
Laughlin, Jl/aclin, A/otley, Reneau, Ross, Sevier, Warner, Water-
house, Williams and mr. Speaker Turney—16.
The negative voters were :
Messrs. Martin, Matthews, Miller, and Nelson—4.
So said bill was passed upon its third and last reading, and was or-
dered to be transmitted to the House of Representatives for enrollment.
The Senate took up and considered a bill from the House of Rep-
resentatives to amend an act entitled an act to amend an act entitled
an act for the benefit of the widows of intestates and for other purpos-
es, passed 16th December, 1813, so as to extend to orphans.
Which bill was read a third and last time, and the question upon
the passage of said bill was had and determined in the affirmative—
ayes 19, nays none..
The ayes and noes being demanded,
The affirmative voters were :
Messrs. Bradbury, Foster, Frey, Jennings, Johnson, Laughlin,
Maclin, Martin, Matthews, Miller, Motley, Nelson, Reneau, Ross, Se-
vier, Warner and Waterhouse, Williams and mr. Speaker Turney—
19.
The negative voters—None.
So said bill was passed upon its third and last reading, and was or-
dered to be transmitted to the House of Representatives for enroll-
ment.
564
JOURNAL OF
The Senate took up and considered a bill from the House of Rep-
resentatives to amend the laws providing for the collection and paying
over the State and county taxes, and for other purposes.
Which bill was read a third and last time, and the question upon
the passage of said bill being had was determined in the affirmative—
ayes 17, nays 3.
The ayes and noes being demanded,
The affirmative voters were :
Messrs. Bradbury, Foster, Frey, Hardwicke, Jennings, Johnson,
Laughiin, Maclin, Motley, Nelson, Powell, Reneau, Ross, Sevier,
Warner, Waterhouse and mr. .Speaker Turney—17.
The negative voters were :
Messrs. Martin, Matthews, and Miller—3.
So said bill was passed upon its third and last reading—was or-
dered to be transmitted to the House of Representatives for enroll-
me nt.
The Senate took up and considered a bill from the House of Repre-
sentatives to amend the laws of this State in relation to securities, to
subject both real and personal property of the principal debtor to ex-
ecution and sale before either the reai or personal property of the se-
curities shall be liable.
Which bill being read a third and last time, and the question upon
the passage of said bill, being had was determined in the negative—
ayes 10, nays 12.
The ayes and noes being demanded,
The affirmative voters were:
Messrs. Bradbury, Foster, Frey, Hardwicke, Maclin, Motley,
Reneau, Sevier and Warner—10.
The' negative voters were:
Messrs. Jennings, Johnson, Laughiin, Matthews, Nelson, Powell,
Ross, Waterhouse, Williams and mr. Speaker Turney—12.
So said bill was rejected upon its third and last reading.
Ordered that said bill be transmitted to the House of Representa-
lives, and that the clerk announce to the Plouse the rejection of said
bill by the Senate.
The Senate took Up and considered a bill from the House of Repre-
sentatives to authorise the Governor of Tennessee to commute capital
punishment, to imprisonment for life in the Penitentiary in certain ca-
ses.
WThich bill was read a third and last time, and the question upon the
passage of said bill being had was determined in the affirmative—
ayes 15, nays 6.
The ayes and noes being demanded,
The affirmative voters were:
Messrs. Bradbury, Foster, Frey, Hardwicke, Jennings, Laughiin,
.Maclin. .Motley, Nelson, Powell, Reneau, Ross, Sevier, Waterhouse
and mr. Speaker Turney—15.
The negative voters were i
Messrs. Johnson, Martin, Matthews, Miller, Warner, and Williams
—6.
THE SENATE.
565
So said bill was passed upon its third and last reading, and was or-
dered to be transmitted to the House of Representatives for enroll-
ment.
The Senate took up and considered a bill from the House of Rep-
resentatives relating to lands in the Ocoee District, and the locations
of entry for the same.
Which being read, mr. Miller moved the following amendment to
said bill, to-wit:—
Sec. Be it enacted, That the Entry Taker of the Ocoee District,
shall hereafter have the following fees for entries made in his officer
for entering forty acres, thirty-seven and a half cents; for entering
eighty acres, forty-three and three-fourth cents; for entering one hun-
dredand sixty acres, fifty cents.
Sec. Be it enacted, That the fees of the Register of the Ocoee
District be hereafter as follows: Seventy-five cents for each grant is-
sued by him.
Which being read, mr. Nelson moved to lay said amendment on the
table, and the question thereupon being had, was determined in the
negative—ayes 10, nays 10.
The ayes and nays being demanded,
The affirmative voters were :
Messrs. Foster, Frey, Hardwicke, Jennings, Laughlin, Motley, Nel-
son, Sevier, Waterbouse and Williams—10.
The negative voters were :
Messrs. Johnson, Maclin, Martin, Matthews, Miller, Powell, Re-
neau, Ross, Warner, and mr. Speaker Turney—10.
So said motion to lay said amendment on the table was rejected.
The question then recurred upon the adoption of the amendment
offered by mr. Miller to said bill, which being had, was determined in
the negative—ayes 8, noes 13.
The ayes and noes being demanded,
The affirmative voters were:
Messrs. Johnson, Martin, 3iiller, Powell, Reneau, Warner, Water
house and mr. Speaker Turney—8.
The negative voters were :
Messrs. Bradbury, Foster, Frey, Hardwicke, Jennings, Laughlin,
Ledbetter, Matthews, Motley, Nelson, Ross, Sevier and Williams—13.
So said amendment was rejected.
Mr. Waterhouse moved to amend said bill by adding to the third
section the following: " Provided, said enterer shall specially request
the same to be done, and not otherwise which being read, and the
sense of the Senate thereon had, said amendment was adopted.
And said bill, as amended, was read a third and last time, and the
question, Shall said bill pass ? was had and determined in the gffirma-
tive.
So said bill, as amended, was passed upon its third and last reading,
and was ordered to be transmitted to the House of Representatives.
Ordered, that the clerk acquaint the House of Representatives with
the amendments made by the Senate to said bill, and ask a concurrence
therein.
566
JOURNAL OF
A message from the House of Representatives, by mr. Mitchell their
Clerk:
Mr. Speaker: The House of Representatives have taken up and
read a third and last time and passed the following entitled bills, to-
wit:
A bill to impose certain duties on overseers of roads.
A bill to incorporate the town of Durhamsville, in the county of
Lauderdale.
A bill to amend the militia laws of this State.
A bill to extend the limits of the corporation of the town of Leba-
non, in'Wilson county.
"Which bills I am directed to transmit to the Senate, and ask a con-
currencc therein.
The House of Representatives concur in the Senate's amendment
to the bill from the House to incorporate the Memphis City Hotel Com-
pany, in the town of Memphis.
The House of Representatives concur in the resolution of the Se-
nate, proposing to meet the House in their Hall in convention on
Thursday, the 27th instant, for the purpose of electing three Inspectors
for the penitentiary for the two ensuing years.
And then he withdrew.
The Senate took up and considered a bill from the House of Repre-
sentatives to regulate the duties of clerks in certain cases; which bill
was read a third and last time, and the question upon the passage of
said bill was had and determined in the affirmative—ayes 22, noes 00.
The ayes and noes being demanded,
The affirmative voters were :
Messrs. Bradbury, Foster, Frey, Jennings, Johnson, Laughlin, Led-
better, il/aclin, il/artin, il/atthews, il/iller, il/otley, Nelson, Peyton,
Powell, Reneau, Ross, Sevier, Warner, Waterhouse, Williams and mr.
Speaker Turney—22.
Negative voters, 00.
So said bill was passed upon its third and last reading in the Senate,
and was ordered to be transmitted to the House of Representatives
for enrollment.
The Senate took up and considered a bill from the House of Repre-
sentatives to charter the District Central Turnpike Company, and for
other purposes; which bill was read a third time, when
Mr. Laughlin moved to amend said bill by adding the following,
constituting the Sth section of said bill, as follows:
Sec. 8. Be it enacted, That the Superintendent of Public Instruc-
tion is hereby required and authorised to give time until the first day
of October, 1843, to the Nashville, Murfreesborough and Shelbyville
Turnpike Company, for the payment of a judgment recovered against
said company in the Circuit court of Davidson county for about the
sum of twelve thousand dollars: Provided ahvay$, that before he
shall give such time, any security who may be bound for the amount
of said judgment, shall file with the clerk of said court their written
assent to such delay, and agreeing to remain bound until sari jtidg-
merit is paid: and also, Provided, that the said amount for which said
THE SENATE.
567
judgment is recovered, shall bear interest until the whole amount is
paid; which being read, and the sense of the Senate thereon had, said
amendment, was adopted.
And said bill, as amended, was read a third and last time, and the
question recurring upon the passage of said bill being had, was deter-
mined in the affirmative.
So said bill, as amended, was passed upon its third and last reading
in the Senate, and was ordered to be transmitted to the House of Re-
presentatives.
Ordered, that the clerk acquaint the House with the Senate's amend-
ments to said bill, and ask a concurrence therein.
The Senate took up and considered a bill from the House of Repre-
sentatives to establish a Chancery court in the county of Grainger,
and for other purposes; which bill was read a third and last time, and
the question upon the passage of said bill being had, was determined
in the affirmative—ayes 12, noes 10.
The ayes and noes being demanded,
The affirmative voters were :
Jl/essrs. Ashe, Bradbury, Johnson, Aiaclin, A/iller, Peyton, Reneau,
Sevier, Warner, Waterhouse, Williams and mr. Speaker Turney—12.
The negative voters were :
il/essrs. Foster, Frey,( Hardwicke, Laughlin, Ledbetter, yi/artin,
il/atthews, il/otley, Nelson and Ross—10.
So said bill was passed upon its third and last reading in the Senate,
and was ordered to be transmitted to the House of Representatives
for enrollment.
The Senate took up and considered a bill from the House of Repre-
sentatives for the relief of William Croom, of the county of Madison,
and for other purposes; which bill was read a third and last time, and
the question upon the passage of said bill was had and determined-in
the affirmative—ayes 16, noes 6.
The ayes and noes being demanded,
The affirmative voters were:
Messrs. Ashe, Bradbury, Hardwicke, Jennings, Johnson, Laughlin,
Ledbetter, Maclin, Martin, Miller, Motley, Peyton, Powell, Reneau,
Williams and mr. Speaker Turney—16.
The negative voters were :
Messrs. Frey, Matthews, Nelson, Ross, Warner and Waterhouse—6.
So said bill was passed upon its third and last reading in the Senate,
and ordered to be transmitted to the House of Representatives for en-
rollment.
The Senate took up and considered a bill from the House of Repre-
sentatives to amend the laws in relation to forcible entry and detainer;
which bill was read a third and last time, and the question upon the
passage of said bill was had and determined in the affirmative—ayes
14, noes 9.
The ayes and noes being demanded,
The affirmative voters were:
Messrs. Bradbury, Frey, Hardwicke, Jennings, Johnson, Laughlip,
Ledbetter, Maclin, Martin, Peyton, Powell, Ross, Waterhouse and mr
Speaker Turney-i-14.
568
JOURNAL OF
The negative voters were:
Messrs. Ashe, Matthews, Miller, Motley, Nelson, Reneau, Sevier,
Warner and Williams—9.
So said bill, as amended, was passed upon its third and last reading,
and was ordered to be transmitted to the House of Representatives.
Ordered, that the clerk acquaint the House of Representatives with
the Senate's amendment to said bill, and ask a concurrence therein.
The Senate took up and considered a bill from the House of Repre-
sentatives to prevent the release of property levied upon, when a cer-
tiorari is sued out under the pauper ktw, and for other purposes; which
bill, as amended, was read a third and last time, and the question upon
the passage of said bill was had and determined in the negative—ayes
8, noes 12.
The ayes and noes being demanded,
The affirmative voters were:
Messrs. Bradbury, Jennings, Johnson, Ledbetter, Reneau, Water-
house, Williams and mr. Speaker Turney—8.
The negative voters were:
Messrs. Ashe, Frey, Hardwicke, Laughlin, Maclin, Martin, Mat-
thews, Miller, Nelson, Powell, Ross, Sevier and Warner—12.
So said bill, as amended, was rejected upon its third and last reading
in the Senate, and was ordered to be transmitted to the Plouse of Re-
presentatives.
Ordered, that the clerk announce to the House of Representatives
the rejection of said bill by the Senate.
The Senate took up and considered a bill from the House of Repre-
sentatives to amend the 13th section of the act of 1835, chap. 15, in
relation to tax collectors; which bill was read a third and last time,
and the question upon the passage of said bill being had, was deter-
mined in the affirmative—ayes 18, noes 4.
The ayes and noes being demanded,
The affirmative voters were r
Messrs. Bradbury, Frey, Hardwicke, Jennings, Johnson, Laughlin,
Ledbetter, Matthews, Miller, Peyton, Powell, Reneau, Ross, Sevier,
Warner, Water-house, Williams and mr. Speaker Turney—18.
The negative voters were:
Messrs. Ashe, Maclin, Martin and Nelson—4.
So said bill was passed upon its third and last reading in the Senate,
and ordered to be transmitted to the House of Representatives for en-
rollment,
The Senate took up and considered a bill from the House of Repre-
sentatives to amend the criminal laws of the State.
Which bill was read a third and last time, and the question upon
the passage of said bill was had-, and determined in the affirmative—
ayes 16, nays 6.
The ayes and noes being demanded,
The affirmative voters were:
Messrs. Ashe, Bradbury, Frey, Hardwicke, Jennings, Johnson,
Laughlin, Ledbetter, Maclin, Miller, Nelson, Peyton, Powell, Sevier,
Waterhouse, and Williams—16.
THE SENATE.
569
The negative voters were:
Afessrs. Martin, Matthews, Renean, Ross, Warner, and mr. Speaker
Turney—6.
So said bill was passed upon its third and last reading in the Senate,
and was ordered to be transmitted to the House of Representatives
for enrollment.
The Senate took up and considered a bill from the House of Rep-
resentatives to amend the acts of 1S27, chapter 57, and the act of
1829, chapter 11.
Which bill was read a third and last time, and the question upon the
passage of said bill being had, was determined in the negative—ayes
9, nays 12.
The ayes and nays being demanded,
The affirmative voters were:
Messrs. Ashe, Bradbury, Jennings, Johnson, Laughlin, Ross, War-
Tier, Waterhouse, and mr. Speaker Turney—9.
The negative voters were:
Messrs. Freyr Ledbetter, Maclin, Martin, Matthews, Miller, Nel-
son, Peyton, Powell, Reneau, Sevier, and Williams—12.
So said bill was rejected upon its third and last reading in the Sen-
ate.
Mr. Ledbetter moved that the Senate re-consider the vote rejecting
a bill from the House of Representatives to amend the acts of 1827,
chapter 57, and the act of 1829, chapter 11—which motion prevail-
ing,
Said bill was again read a third and last time, and the question re-
•curring upon the passage of said bill was had, and determined in the
affirmative—ayes 15, nays 7.
The ayes and noes being demanded,
The affirmative voters were :
Messrs. Ashe, Bradbury, Hardwicke, Jennings, Laughlin, Ledbetter,
A/artin, Peyton, Reneau, Ross, Warner, Waterhouse, Williams and
mr. Speaker Turney—15.
The negative voters were:
Messrs. Frey, A/atthews, A/iller, A/otley, Nelson, Powell, and Se-
vier—7.f
So said bill was passed upon its third and last reading in the Senate
—was ordered to be transmitted to the House of Representatives for
enrollment.
The Senate took up and considered a bill from the House of Repre-
sentatives to regulate the draining of swamp lands, which bill was read
a third time—when mr. Laughlin moved to amend said bill by adding
thereto the following proviso:
Provided, that no ditch shall be opened by authority of this act if
the same shall run between the dwelling house or any outhouses, or
between the dwelling house and garden, or within one hundred yards
of such dwelling house, unless the owner of the land through which
such ditch shall pass expressly consent to the same.
Which being read and considered by the Senate, said amendment
was adopted.
570
JOURNAL OF
And said bill as amended was read a third and last time, and the
question upon the passage of said bill was had, and determined in the
affirmative—ayes 19, nays 4.
The ayes and noes being demanded,
The affirmative voters were:
J/essrs. Ashe, Bradbury, Frey, Hardwicke, Jennings, Johnson,
Laughlin, Ledbetter, aiaclin, Martin, Matthews, Miller, Peyton, Powell,
Reneau, Ross, Warner, Williams a,nd mr. Speaker Turney—19.
The negative voters were:
Messrs. Motley, Nelson, Sevier, and Waterhouse—4.
So said bill as amended was passed upon its third and last reading
in the Senate, and was ordered to be transmitted to the House.
Ordered that the clerk acquaint the House of Representatives with
the amendments made by the Senate to said bill, and ask a concur-
rence therein.
The Senate took up and considered the following bills from the
House of Representatives upon their third and last reading, to-wit;
A bill to diminish the corporate limits of the town of Gallatin.
A bill for the relief of persons building machinery propelled by
water power.
A bill to authorize the issuing of grants in the Hiwassee district in
certain cases.
Which bills were severally read a third and last time and passed.
Ordered tfiat said bills be transmitted to the House of Representa-
tives for enrollment.
Mr. Peyton introduced the following:
Resolved by the General Assembly of the State of Tennessee,
That the Comptroller of the State be directed to allow William Rice,
sheriff of Sumner county, his commissions on the State tax collected
by him for the year 1S40.
Which being read and the rule suspended, said resolution was
adopted.
Mr. Warner introduced a bill for the relief of the citizens of this
State.
Which bill was read a first time and passed.
The Senate took up and considered a bill to amend an act entitled
an act to establish a State Bank to raise a fund for internal improve-
ments, and to aid in the establishment of a system of education, pass-
•ed 19th January, 1838, and an act supplemental thereto, passed 25th
January, 1838.
Which being read a second time—when mr. Powell moved to amend
said bill by adding thereto the following proviso :
Provided, said Bank and, branches shall resume the payment of spe-
cie on all their notes when presented on or before the first day of July
next.
Which being read, on motion of mr. , said bill was laid on
the table.
Oil motion of mr. Martin,
The Senate adjourned until to-morrow morning 9 o'clock.
THE SENATE.
571
THURSDAY, JAN. 27, 1842.
A message from the House of Representatives, by mr. Mitchell, their
clerk:
Mr. Speaker: The House of Representatives have taken up and
read a third time and passed the following entitled bills, to-wit:
A bill to confer certain powers on the A/ayor and Town Constable
of Shellbyville and Fayetteville.
A bill to incorporate the Penitentiary Turnpike Company.
A bill to authorize the refunding of money to sheriffs and tax col-
Sectors in certain eases.
A bill to amend the laws now in force in relation to free persons of
color.
A bill to repeal the third section of an act incorporating the town
of Tazewell.
A bill requiring bonds to be given by Attorneys General for paying
over public moneys by him collected.
A bill for the benefit of the clerk of the Supreme Court at Jackson.
A bill to authorize Samuel Henry, sen., of Blount county to build a
dam across Little River in said county.
A bill to restore John Wilson of Blount county to the privileges of
a citizen.
A bill to incorporate the Brownsville Female Institute at Browns-
ville, in Haywood county.
A bill to revive the charter of the Nashville Bank.
A bill to provide for the payment of the record books for the use of
the Supreme Court of this State.
A bill to withdraw the'stock and cancel the bonds of the State sub-
scribed and issued to the Louisville, Cincinnati and Charleston Rail
Road Company.
Which I am directed to transmit to the Senate, and ask a concur-
rence therein.
The Speaker of the House of Representatives did this day sign an
enrolled bill entitled an act to abolish and discontinue spring musters,
and their court martials and drills—which I am directed to transmit to
the Senate. And then he withdrew.
Whereupon the Speaker of the Senate did sign said enrolled act, and
ordered tnat the same be re-transmitted to the House of Representatives,
for the further action of the House thereon to be had,
Mr. Matthews presented the petition of sundry citizens of the counties
of Dickson, Hickman, Williamson and Davidson, against the passage of
a law establishing the Penitentiary Turnpike road,
Which being read, was laid on the table.
Mr. Laughlin introduced a bill to regulate banking corporations in this
State, and to define the Jurisdiction of courts of Chancery, in relation to
the same,
Which hill was read a first time and passed.
Mr. Jennings returned a bill from the House of Representatives, to es-
tablish a Criminal court in the county of Davidson, by him withdrawn for
amendment, without amendment.
573
JOURNAL OF
, Which bill as amended was read a third and last time, and the question
upon the passage of said bill being had, was determined in the affirmative
—ayes 13, noes 12.
The ayes and noes being demanded,
The affirmative voters were :
Messrs. Ashe, Bradbury, Foster, Frey, Gardner, Hardwicke, Jen-
nings, Laughlin, Maclin, Powell, Reneau, Ross and Sevier—13.
The negative voters were :
Messrs. Johnson, Ledhetter, Martin, Matthews, Miller, Motley, Nel-
son, Peyton, Warner, Waterhouse, Williams and mr. Speaker Turney
12,
So said bill as amended was passed upon its third and last reading, and
was ordered to be transmitted to the House of Representatives.
Ordered that the clerk acquaint the House of Representatives with
the amendments made by the Senate to said bill and ask a concurrence
therein.
A message from the House of Representatives by mr. Mitchell their
clerk:
Mr. Speaker : The House of Representatives have taken a recess
preparatory to going into the elections set apart by the joint resolution of
the General Assembly fixing this day.
And then he withdrew.
The Senate then took a recess preparatory to meeting the House of
Representatives in their Hall on this day, to go into the elections set
apart for this day.
And the Senate afterwards being called to order by mr. Speaker Tur-
ney.
A message from the House of Representatives by mr. JUitchell their
clerk :
Mr. Speaker : The House of Representatives is now ready to re-
ceive the Senate in its Hall for the purpose of going into the election of
Inspectors for the Penitentiary of the State of Tennessee, in conformity
with the joint resolution of the Senate and House of Representatives.
And then he withdrew.
Whereupon mr. Speaker Turney and gentlemen of the Senate repaired
to the Hall of the House of Representatives, to go into the elections set
apart for this day.
Mr. Speaker Turney of the Senate, and mr. Speaker Douglass ol the
House of Representatives, in the chair.
The resolution calling the convention of the Houses of the General
Assembly being read, when
Mr. Speaker Turney declared that nominations was now in order,
whereupon
Mr. Hardwicke of the Senate, nominated messrs. Robert C. Foster
Sen'r, William Carroll and John Harding, as candidates for the appoint-
ment of Inspectors of the Penitentiary.
The convention then proceeded viva voce to elect three Inspectors of
the Penitentiary for the next two years.
Senators who voted for messrs. Foster, Carroll and Harding, were::
TflE SENATE.
573
Messrs. Ashe, Bradbury,Foster, Frey, (Gardner, Hard wicke, Jennings,
Johnson, Laughlin, Ledbetter, Maclin, Margin, Matthews, Miller, Motley,
Nelson, Peyton, Powell, Reneau, Ross, Sevier, Warner, Waterhouse,
Williams and nir. Speaker Turney—25.
The voters of the House of Representative? for messrs. Foster, Carroll
and Harding, as reported, being seventy-onq, making in all ninety-sis
votes, being a majority, and all the votes east hp said convention.
Whereupon the Speaker of the Senate declared that Robert C. Foster
Sen'r, William Carroll and John Harding, were duly and constitutionally
elected Inspectors of the Penitentiary for the two years next ensuing. »
Whereupon the convention rose and mr. Speaker Turney and gentle-
men of the Senate, repaired to their own chamber and resumed their ses-
sion.
The Senate took up and considered the following entitled bills from
the House of Representatives, on their first reading, to wit :
A bill to authorise the refunding of money to Sheriffs and tax collectors
in certain cases.
A bill for the benefit of the clerk of the Supreme court at Jackson.
A bill io confer eertain powers on the Mayor and town Constable of
Shelbyville and Fayetteville.
A bill to amend'an act, entitled an act, to amend an act entitled an act,,
to dispose of the lands in the Ocoee district, passed the 2Sih day of No-
vember, 1839, chapter 8.
Which several bills were read a first time and passed.
The Senate took up and considered a bill from the House of Repre-
se-ntatives for the benefit of witnesses in State cases.
Which bill was read a first time and rejected.
Ordered that said bill be transmitted to the House of Representatives,,
and that the clerk acquaint the House therewith.
A message from the House of Representatives by mr. Mitchell their
Cleik :
Mn. Speaker: The House of Representatives have adopted a resolu-
tion, that the Senate meet the House of Representatives in convention in
the Representative Hall on Wednesday, the 2d day of February next, .
for the purpose of electing a 'Judge of the Criminal court of Davidson
county, which i am directed to transmit to the Senate, and ask a concur-,
rence therein.
The House of Representatives have adopted a resolution, that a joint •
Select committee be appointed, one on part of the Senate, and one on part
of the House of Representatives, to settle with the Treasurer of the
State, and the Comptroller of the Treasury, and make report thereof to
the called session, if there should be any, if not then to the next stated
session, and have appointed of said committee on part of the House of
Representatives mr. Buck, which 1 am directed to transmit to the Senate
and ask a concurrence therein.*
The House of Representatives have considered a resolution adopted
by the Senate, directing the Comptroller of the Treasury to issue to the
Trustee of Henderson county, a duplicate warrant, No. 3145, for nine-
teen hundred and seventy three dollars and forty-five cents, and concur
therein.
574
JOURNAL OF
And then he withdrew.
Mr. Ashe moved that the Senate adjourn until two o'clock P. M.
And the question thereupon being had, was determined in the affirmative
—ayes 14, noes 9.
The ayes and noes being demanded,
The affirmative voters were :
Messrs. Ashe, Bradbury, Gardner, Hardvvicke, Jennings, Maclin, Mar-
tin, •Motley, Nelson, Peyton, Ross, Sevier, Waterhouse and mr. Speaker
Turney—14.
* The negative voters were :
Messrs. Frey, Johnson, Laughlin, Ledbetter, Matthews, Miller, Pow-
ell, Warner and William^—9.
So the Senate adjourned until 2 o'clock, P. M.
EVENING- SESSION.
Mr. Peyton moved the re-cons-ideration of a vote of the Senate upon
the passage, upon its third and last reading, a bill from the House of
Representatives, to establish a Chancery court in the county of Grainger,
and for other purposes,
And the question of re-consideration being had, was determined in the
affirmative.
So the Senate will re-consider said bill.
The Senate on motion of mr. Gardner, took up and considered a bill
to encourage the culture of silk in the State of Tennessee,
Which being read a second time, and the question upon the passage of
said bill was had, and determined in the affirmative—ayes 14, noes
10.
The ayes and noes being demanded,
The affirmative voters were :
Jl/essrs. Ashe, Bradbury, Foster, Frey, Gardner, Jennings, Laughlin,
Miller, Motley, Nelson, Peyton, Powell, Reneau, and mr. Speaker Tur-
ney—14.
The negative voters were :
Messrs. Johnson, Ledbetter, Maclin, Martin, Matthews, Ross, Sevier,
Warner, Waterhouse and Williams—10.
So said bill was passed upon its second reading.
The Senate took up and considered a bill to repeal the seventh section
of an act entitled an act to incorporate a Literary institution at the town
Of Maryville, in Blount county, to be styled the Maryville college, pass-
ed the 14th of January, 1842.
Which bill was read a third and last time, and the question upon the
passage of said bill was had, and determined in the affirmative—ayes 17,
noes 7.
The ayes and'noes being demanded,
The affirmative voters were : '
Messrs. Ashe, Bradbury, Foster, Frey, Gardner, Hardwicke, Jen-
nings, Laughlin, Ledbetter, Maclin, Martin, Nelson, Peyton, Reneau, Se-
vier, Waterhouse and mr. Speaker Turney—17.
The negative voters were :
THE SENATE.
575
Messrs. Johnson, Matthews, Miller, Powell, Ross, Warner and Wil-
liams—7.
So said bill was passed upon its third and last reading in the Senate,
and was ordered to be engrossed and transmitted to the House of Rep-
resentatives.
The Senate on motion of mr.Ledbetter, took up and considered a bill to
amend an act, entitled an act, to establish a S'ate Bank to raise a fund for
internal improvement, and to aid in the establishment of a system of edu-
cation, passed 19th January, 1838, and an act supplemental thereto, pass-
ed 25th January, 1838.
Which bill was read, when mr. Powell moved to amend said bill
by adding thereto the following proviso :
Provided said Bank and branches shall resume the payment of
specie on all their notes when presented on or before the first day of
July next.
"Which being read, mr. Foster moved to lay said amendment on
the table, and the question thereupon being had, was determined in
the affirmative—ayes 16, nays 9.
The ayes and nays being demanded,
The affirmative voters were :
Messrs. Ashe, Bradbury, Foster, Frey, Hardwicke, Jennings,
Laughlin, Ledbetter, Martin, Miller, Motley, Nelson, Peyton, Reneau,
Sevier and mr. Speaker Turney—16.
The negative voters were :
Jl/essrs. Gardner, Johnson, Maclin, Matthews, Powell, Ross, War-
ner, Waterhouse, and Williams—9.
So said amendment was laid on the table.
Mt. JWaclm moved to amend said bill by adding thereto the follow-
ing:
Provided that nothing in this act shall be so construed as to effect or
control in any manner the management of the branch of the Bank of
Tennessee located at SomerVille, Rogersville, Shelbyville and Athens.
Which being read, the Senate took up and considered a resolution
to amend the Constitution so as to take from the Legislature the pow-
er of creating debts or borrowing money, except to pay the civil ex-
penses of government or to suppress insurrection or repel invasionr
Which being read a first time, and the question, Shall said resolu-
tion be adopted ? being had was determined in the affirmative—ayes
13, nays 10.
The ayes and nays being demanded,
The affirmative voters were:
Messrs. Hardwicke, Jennings, Johnson, Laughlin, Ledbetter, Mar-
tin, Matthews, Motley, Peyton, Ross, Warner, Waterhouse, and mr.
Speaker Turney—13.
The negative voters were:
Messrs. Ashe, Foster, Frey, Gardner, Maclin, Miller, Nelson, Powell,
Reneau, Sevier—.10. '
So said resolution was adopted upon its first reading.
The Senate, on motion of mr* Jennings, took up and considered a
576
JOURNAL OF
bill to insure a more efficient management of the Lunatic Asylum,
Which being read, mr. Foster moved to amend said bill by insert-
ing in the fifth iiile of the first section, after the words "Lunatic Asy-
lum," the words " for the support of Lunatic paupers."
Which being read and considered by the Senate, said amendment
was adopted.
Mr. Matthews moved to amend said bill by striking out of the third
line of the first section, and at all other places occurring in said bill,
the word " ten" after the words " the sum of," and insert in lieu
thereof the word "five."
Which being read and considered by the Senate, said amendment
was rejected.
Mr. Warner moved to amend said bill by striking out of the third
line of the first section of said bill, after the words "the sum of" the
word "ten," and to insert in lieu thereof, and at all other places oc-
curringin said bill, the word "six." And pending the consideration
of said amendment, mr. Jennings asked and obtained leave to with-
draw said bill for amendment.
On motion of mr. Ledbetter,
The Senate adjourned until to-morrow morning 9 o'clock.
FRIDAY, JAN. 28, 1842.
A message from'the House of Representatives by mr. Mitchell theii
Clerk.
Mr. Speaker: The House of Representatives have read a third
time and passed the following entitled bills:
A bill to repeal a resolution directory to the surveyor of the Hiwas-
see District, and to the Entry Taker of the Ocoee District.
A bill for the relief of Thomas Maxwell of Blount county.
A bill to create the 23rd and 24th brigades of Tennessee Militia,
the 23rd of the counties of Fayette and Shelby, and the 24th of the
counties of Maury and Hickman.
A bill in regard to school lands.
A bill to compel persons to whom notes are assigned to give the
makers of said notes, an opportunity to pay them before being sued.
A bill for the relief of James P. Keith and Allen Buidett.
A bill in regard to Idiots and Lunatics.
A bill to incorporate the inhabitants of the town of Fort Pickering
in the county of Shelby.
A bill to make it felony to gamble with slaves, and to make it a
misdemeanor to cut and haul wood off the lands of others.
A bill to consolidate the Surveyor's and Entry Taker's offices of
Giles county, and for other purposes.
A bill to incorporate the Tennessee Silk Manufacturing company
and Agricultural Schools, to teach the art of the culture and manufac-
ture of Silk, and for other purposes.
A bill prescribing the mode of advertising runaway slaves by the
jailors of this State.
A bill in regard to appeals and writs of error,
THE SENATE.
577
A bill to amend and explain part of the 2nd section, of an act pass-*
ed the present session to consolidate the funds and to provide but for
one instead of two separate classes of Common Schools in the Hiwas-
see and Ocoee Districts in the State of Tennessee.
A bill for the relief of Abethel Wallace Sheriff of Stewart coun-
ty.
A bill to authorise the building of dams across Duck River above
the town of Columbia of certain specified dimensions.
A bill to establish a uniform standard of weights and measures in
the State of Tennessee.
Which I am directed to transmit to the Senate and ask a concurrence
therein.
The House of Representatives has taken up and amended and read
a third time and passed a bill from the Senate granting to Elijah Frost
a Turnpike road—also granting to Andrei K. Parker, John Gillen-
tine and Nicholas M. Gillentine a Turnpike road.
Which I am directed to transmit to the Senate with the amend-
ments, which is herewith transmitted, and to ask a concurrence there-
in.
The Speaker of the House of Representatives did this day sign the
following enrolled bills, entitled—
An act to establish a criminal court in Davidson county.
An act to incorporate the Memphis City Hotel company in the town
of Memphis.
Which I am directed to transmit to the Senate.
And then he withdrew.
Whereupon the Speaker of the Senate did sign said enrolled acts,
and directed the same to be re-transmitted to the House of Represen-
tatives, for the further action of the blouse thereon to be had.
Mr. Nelson preseuted a communication from Samuel Martin, of
Campbell's Station, relating to the location of an Armory in the State
of Tennessee-, asking an agency from the State of Tennessee to attend
to her interest in the Senate of the United States and other matters in
said communication mentioned.
Which being read, was, on motion of mr. Nelson, referred to the
committee on Federal relations.
Mr. Gardner presented the petition of 53 citizens of Weakley coun-
ty, praying the repeal of a law relating to the removal of timbers be-
iiig in mill-ponds in the Western District.
Which being read, was laid on the table.
Mr. Warner, chairman of the committee on claims, to whom had
been referred the petition of Henry Dixon, and others, administrators
of Winn Dixon, deceased, in relation to a certain land claim—Reports,
that said committee have had the same under consideration, and are
of opinion that the laws now in force and use afford ample, full and
complete provisions for the relief prayed for by said petitioners, and
that said committee had instructed him to report said petition, and to.
recommend that it be laid on the table.
And said report being read, the Senate concur therein; and said pe-
tition was laid on the table.
39
578
JOURNAL OF
The Senate, on motion of mr. Peyton, took up and considered a bill
from the House Of Representatives to establish a Chancery court in
Grainger county, and for other purposes; which "being read a third
time,
Mr. Maclin moved to amend said bill by striking out the 1st, 2d, 3d,
4th, 6th, 7th and 8th sections of said bill, as follows, to-wit:
Sec. 1. Be it enacted by the General Assembly of the State of
Tennessee, That the county of Grainger shall compose one chancery
district, and the courts thereof shall be held on the second Mondays
of June and December in each year, at the court-house in Rutledge.
Sec. 2. Be it enacted, That the first court to be held under this act,
shall be held on the third Monday of June, 1812, at which time the
chancellor holding the same shall appoint a clerk and master, and or-
gauise said court according to law and the rules governing other Chan-
eery courts in this State ; and said court, so organised, shall have and
entertain all the powers and jurisdictions of othe'r Chancery courts in
this State.
Spc. 3. Be it enacted, That all chancery causes originating in the
county of Grainger, shall be cognizable by the Chancery court at Rut-
lege ; and all laws heretofore passed, making Grainger county a part
of the district composed of the counties of Grainger, Claiborne and
Campbell, of which the Chancery court is held at Tazewell, be, and
the same is hereby repealed.
Sec. 4. Be it enacted, That nothing in this act shall be so construed
as to prevent the citizens of the counties of Claiborne and Campbell
from bringing their suits in said court at their election.
Sec, 6. Be it enacted, That the county of Cocke shall compose one
chancery district, and the courts thereof shall be held on the third
Mondays of April and October in every year, at the court-house in
Newport.
Sec. 7. Be it enacted, That the first court to be held under this act,
shall be on the third Monday of April, 1842, at which time the chan-
cellor holding the same shall appoint a cleik and master, and organise
said court according to law, and the rules governing other Chancery
courts in this State; and said court, when organised, shall have and
entertain all the powers and jurisdictions of other Chancery courts in
this State.
Sec. S. Be it enacted, That all chancery causes originating in the
county of Cocke, shall be cognizable by the Chancery court at New-
port, and all laws heretofore passed, making Cocke county a part of
the chancery district composed of the counties of Cocke and Jefferson,
of which the Chancery court is held at Dandridge, be, and the same
are hereby repealed.
Mr. Maclin moved to amend the caption of said bill by striking out
the word " Grainger," and tp insert in lieu thereof the word "Camp-
bellwhich being read, and the question upon the adoption of said
amendments being had, was determined in the affirmative.
So said amendments were adopted.
And said bill, as amended, was read a third and last time, and the
THE SENATE.
579
question recurring upon the passage of said bill being had, was deter-
mined in the affirmative—ayes IS, noes 7.
The ayes and noes being demanded,
The affirmative voters were :
.Messrs. Ashe, Bradbury, Foster, Hardwicke, Jennings, Johnson,
Laughlin, Led better, Maclin, Miller, Motley, Powell, Reneau, Se-
vier, Warner, Waterhouse, Williams and mr. Speaker Turney—18.
The negative voters were:
Messrs. Frey, Gardner, .Martin, Matthews, Nelson, Peyton and
Ross—7.
So said bill as amended was passed upon its third and last reading
in the Senate, and was ordered to be transmitted to the House of
Representatives.
Ordered, that the clerk announce to the House of Representatives
the Senate's amendments made to said bill, and ask a concurrence
therein.
The Senate, on motion of mr. Waterhouse, took up and considered
a bill to establish a branch of the Bank of Tennessee at Chattanooga,
in the county of Hamilton ; when
On motion of mr. Foster, said bill was laid on the table.
His Excellency the Governor of the State of Tennessee transmitted
to the Senate, by John S. Young, Secretary of State for the State of*
Tennessee, the following message, to-wit:
Executive Department, }
Nashville, January 28, 1842. 3
Gentlemen of the Senate and House of Representatives:
By the 6th section of an act passed on the 19th January, 183S, en-
titled an act to establish a State Bank to raise a fund for - internal im-
provement, and to aid in the establishment of a system of education,
it is made the duty of the Governor to nominate and appoint twelve
persons to serve as Directors of the Bank of Tennessee. In discharge
of this duty, I nominate the following persons as Directors of said
Bank:
Alexander Allison, of Davidson county.
Benjamin JMcCullough, " "
William Williams, " "
Joseph W. Clay, " <£
Andrew Ewing, " "
M. M. Manahau, " "
Mason Yarnoy, " "
P. W. Martin, Sumner county.
Joseph W. Allen, Smith "
Thomas Anderson, Wilson "
Jonathan Currin, Rutherford county,
William, Maney, Williamson "
JAMES C. JONES.
Which was laid on the table.
Mr. Jennings returned a bill to insure a more efficient management
of the Lunatic Asylum, by him withdrawn for amendment, with the
following amendments, to-wit:
$30
JOURNAL OF
The following mr. Jennings offers in lieu of the first section, to-wit:
Sec. 1. Be it enacted by the General Assembly of the State of
Tennessee, That out' of any moneys in the Treasury of the State not
otherwise appropriated, the sum of ten thousand dollars shall be sub-
ject to the order of the Treasurer of the Board of Trustees of the Lu-
natic Asylum, to be expended by said Board, according to the existing
provisions of law, in the employment of labor and the purchase of
articles of indispensable necessity in conducting the affairs of the in-
stitution and in the payment of the salaries of its officers as already
provided by law, and in defraying the expense of maintaining such
Lunatic paupers as may be received amongst the number of its in-
mates, and also in making the alterations in the building and the
grounds attached thereto, and the additions to the furniture of the in-
stitution, and its means for promoting the cure of insane persons that
are hereinafter directed: Provided, that said Board of Trustees in
making such alterations in the Asylum, and such additions to its
means of usefulness shall not expend a greater sum than dol-
lars.
Sec. 2. Be it enacted, That no portion of the funds of said Asy-
lum shall be expended in the completion or the furniture of its apart-
ments, unless such expenditure be made necessary by an increase of
its inmates beyond the number that can be suitably accommodated in
the rooms that are now furnished and ready for the reception of pa-
tients.
Sec. 3. Be it enacted, That in the management of said Asylum it
shall be the duty of said Board of Trustees, so to conduct its opera-
tions that its advantages shall be as widely diffused as possible, and
shall not be confiued to any limited portion of the population of the
State. Which being read,
Mr. Ledbetter moved to amend the. first section of said Bill, by filling
the blank contained therein, after the words "shall not expend a greater
sum than," with the words "one thousand dollars,"
Which being considered of by the Senate, said amendment was adopt-
«d.
Mr. Warner moved to amend the amendment offered by mr. Jennings,
by striking out of the sixth line of the first section after the words, " the
sum of," the word " ten," and to insert in lieu thereof the word " six,"
And the question upon the adoption of said amendment being had, was
determined in the affirmative—ayes 15, noes 10.
The ayes and noes being demanded,
The affirmative voters were :
Messrs. Bradbury, Gardner, Hardwicke, Johnson, Laughlin, Mat-
thews, Miller, Motley, Nelson, Powell, Reneau, Warner, Waterhouse,
Williams and mr. Speaker Turney—15.
The negative voters were :
Jlfessrs. Ashe, Foster, Frev, Jennings, Ledbetter, Maclin, Martin,
Peyton, Ross and Sevier—10.
So said amendment was adopted.
The question then recurred upon the adoption of the amendment offer-
THE SENATE.
581
e<3 by mr. Jennings as amended, which being had was determined in the
affirmative.
So said amendment as amended, was adopted.
Mr. Gardner moved to amend said bill by adding thereto the follow-
ing, constituting the 9th section, to wit:
Sec. 9. Be it enacted, That hereafter the expenses of conveying
Lunatic paupers from any county in this State, to the Lunatic Asylum,
shall be paid by the county sending such lunatic to said institution, and
the State shall only be chargeable with the maintenance of said lunatic
from the time of his or her reception into said Asylum.
Which being read, and the question upon the adoption of said amend-
ment being had, was determined in the negative—:ayes 7, noes 16.
The ayes and noes being demanded,
The affirmative voters were :
Messrs. Gardner, Hardwicke, Laughlin, Motley, Nelson, Warner and
Williams—7.
The negative voters were :
Messrs. Ashe, Bradbury, Foster, Frey, Jennings, Johnson, Ledbetter,
Matthews, Miller, Peyton, Powell, Reneau, Ross, Sevier, Waterhouse
and mr. SpeakerTurney—16.
.So said amendment was rejected.
The question then recurred upon the adoption of the and *
sections proposed by mr. Jenning9 as an amendment to said bill, which
being had was determined in the affirmative.
So said amendment was adopted.
Mr. Waterhouse moved to amend said bill by adding thereto the fol-
lowing, constituting the 9th section of said bill, to wit:
Sec. 9. Be it enacted, That when any lunatic pauper shall be sent
from any county in this State, to the Hospital, and said county has no in-
mate in said Hospital, said lunatic shall have the preference of any luna-
tic, who may be presented from any county that has already had an in-
mate in said Hospital,
Which being read, and the question upon the adoption of said amend*
ment being had, was determined in the affirmative—ayes 19, noes 6.
The ayes and noes being demanded,
The affirmative voters were :
Messrs. Gardner, Hardwicke, Jennings, Johnson, Laughlin, Maclin,
Martin, Matthews, Miller, Motley, Nelson, Peyton, Powell, Reneau, Sevier,
Waterhouse, Williams and mr. Speaker Turney—19.
The negative voters were :
Messrs. Ashe, Bradbury, Foster, Frey, Ledbetter and Ross—6.
So said amendment was adopted.
And said bill as amended was read a third and last time, and the ques-
tion recurring upon the passage of said bill was had, and determined in
the affirmative—ayes 14, noes 11.
The ayes and noes being demanded,
The affirmative voters were :
Messrs. Ashe, Bradbury, Foster, Frey, Gardner, Jennings, Ledbet-
ter, Maclin, Martin, Peyton, Ross, Sevier, Warner and Williams—14.
5S2
JOURNAL OF
The negative voters were:
Messrs. Hardwicke, Johnson, Laughlin, Matthews, Miller, Motley,
Nelson, Powell, Reneau, and Waterhouse—11.
So said bill was passed upon its third and last reading, and was order-
ed to be engrossed and tiansmitted to the House of Representatives.
The Senate on motion of mr. Laughlin, took up and considered a res-
olution to amend the constitution, so as to take from the Legislature the
power of creating State debts, or borrowing money, except to pay the
civil expenses of Government, to suppress insurrection or repel invas-
ion,
Which bill was read a second time, when
Mr. Jennings moved to amend said resolution by adding thereto the
following, to wit :
And that the State shall never hereafter become the sole proprietor of
a bank, nor a partner in any pioject, or business with any individual or
number of individuals, in any corporation,
Which being read,
Mr. Jennings moved the adoption of said amendment, and the question
thereupon being had, was determined in the negative—ayes 3, noes20.
The aves and nays being demanded,
The affirmative voters were :
Messrs. Jennings, Johnson, and Waterhouse—3.
The negative voters were :
Messrs. Ashe, Bradbury, Frey, Hardwicke, Laughlin, Led better, Mac-
lin, Martin, Matthews, Miller, Motley, Nelson, Peyton, Powell, Reneau,
Ross, Sevier, Warner, Williams and mr. Speaker Turney—20.
So said amendment was rejected.
The question then recurred upon the adoption of said resolution, which
being had, was determined in the negative—ayes 12, noes 13.
The ayes and noes being demanded,
The affirmative voters were :
Messrs. Bradbury, Hardwicke, Johnson, Laughlin, Ledbetter, Martin,
Matthews, Motley, Ross, Warner, Waterhouse and mr. Speaker Turney
—12.
The negative voters were :
Messrs. Ashe, Foster, Frey, Gardner, Jennings, Maclin, Miller, Nelson,
Peyton, Powell, Reneau, Sevier and Williams—13.
So said resolution was rejected upon its second reading in the Senate.
On motion of mr. Nelson,
The Senate adjourned until 2 o'clock, p. m.
EVENING SESSION.
Mr. Hardwicke in the chair, the Senate on motion of mr. Foster took
up and considered a message from the House of Representatives, trans-
mitting sundry amendments made by the House of Representatives to the
Senate's bill, granting to Elijah Frost a Turnpike road—also granting to
Andrew K. Parker and John Gillentine and Nicholas J!1. Gillentine, a
Turnpike road, asking the concurrence of the Senate therein,
THE SENATE.
583
Which being read,
Mr. Foster moved a concurrence in said amendments in said message
mentioned, which being considered, the Senate concur therein.
Ordered that the clerk announce lo the House of Representatives the
concurrence of the Senate in the amendments made by the House to said
bill.
The Senate on motion of mr. Martin took up and considered a bill to
secure the estates of orphans.
Which bill was read a third time, when
Mr. Ledbetter moved to amend said bill by adding thereto the follow-
ing, constituting the 4th section as follows, to wit:
Sec. 4. Beit enacted,. That all guardians, administrators, or execu-
tors bonds, that may be hereafter given to the several County courts in
this State, shall be endorsed by the chairman of the court, or such Jus-
tice as may be appointed to preside in his stead, approved by the court,
and sign his name thereto, before the same shall be received by the clerk:
Provided, if any such bond shall be executed and not so endorsed, the
obligor or obligors, shall be bound to the same extent as if the endorse-
ment required by this act, had been made upon said bond,
Which being read, and the sense of the Senate thereupon being had,
said amendment was adopted.
And said bill as amended, was read a. third and last time, and the
question recurring upon the passage of said bill was had, and determined
in the affirmative—ayes 23, noes none.
The ayes and noes being demanded,
The affirmative voters were :
.Messrs. Bradbury, Foster, Frey, Gardner, Hardwicke, Jennings,
Johnson, Laughlin, Ledbetter, Maclin, Martin, Matthews, Miller, Motley,
Nelson, Peyton, Powell,Reneau, Ross, Sevier, Waterhouse, Williams
and mr. Speaker Turney—23.
Negative voters—None.
So said bill was passed upon its third and last reading in the Senate,
.was ordered to be engrossed and transmitted to the House of Repre-
sentatives.
The Senate took up and considered the following bills from the
House of Representatives upon their first reading in the Senate, to-
wit:
A bill in regard to School lands.
A bill for the relief of Thomas Maxwell of Blount county.
A bill to incorporate the Penitentiary Turnpike Company.
A bill in regard to fdiots and Lunatics; read a first time and re-
jected.
A bill to make it felony to gamble with slaves, and to make it a
misdemeanor to cut and haul wood off the lands of others.
A bill in regard to appeals and writs of error.
A bill to establish a uniform standard of weights and measures in
the State of Tennessee.
A bill to amend and explain part of the 2nd section Of an act, pass-
ed at the present session, to consolidate the funds, and to provide for
584
JOURNAL OF
but one instead of two separate classes of common schools in the Hi-
wassee and Ocoee districts in the State of Tennessee.
A bill to consolidate the Surveyor's and Entry Taker's offices of
Giles county, and for other purposes.
A bill to authorise the building of dams across Duck river above
the town of Columbia, of certain specified dimensions.
A bill prescribing the mode of advertising runaway slaves by the
jailors, of this State.
A bill for the relief of James P. Keith and Allen Burdett.
A bill to prevent and suppress the issuing and circulating change
bills, or tickets of any size or denomination whatever.
A bill for the relief of the owners of iron works south and west of
the congressional reservation line.
A bill to incorporate the inhabitants of the town of Fort Pickering
in the county of Shelby.
A bill to amend the Militia laws of this State.
A bill to incorporate the town of Durhamsville in the county of
Lauderdale.
A bill to impose certain duties on Overseers of Roads.
A bill to amend the charter of the Obion Turnpike company.
A bill to amend the second section of an act entitled an act to pre-
rent the poisoning of Fish in any of the waters of this State, passed
Nov. 19th, 1833, chapter 74.
A bill to appoint commissioners of the Bean's Station Turnpike
road, and for other purposes.
A bill to extend the limits of the corporation of the town of Leba-
non in Wilson county.
A bill to amend an act entitled an act to incorporate the inhabitants
of the town of Memphis, passed the 9th of December, 1826.
A bill to repeal the third section of an act incorporating the town
of Tazewell.
A bill to amend the laws now in force in relation to free persons of
color.
A bill to authorize Samuel Henry, sen., of Blount county to build a
dam across Little River in said county,
A bill to incorporate the Brownsville Female Institute at Browns-
^ville, in Flay wood county.
A bill to amend the penal laws.
A bill to repeal an act declaring the Ocoee river navigable.
A bill prescribing the duties of Sheriffs and other officers in certain
eases. , '
A bill to incorporate the Tennessee Silk Manufacturing company
and Agricultural School, to teach the art of the culture and manufac-.
ture of Sijk, and for other purposes.
A bill to incorporate the Trustees of Tusculum Academy.
A bill to incorporate the Greeneville Female Academy in the town,
of Green.eville, and for other purposes.
A bill to revive the charter of the Nashville Bank.
A bill to, regulate elections by the county court.
THE SENATE.
585
A bill to authorize the refunding of money to sheriffs and tax cot-
lectors in certain cases.
A bill for the benefit of occupant settlers south and west of the con-
gressional reservation line in certain cases.
A bill to exempt certain persons from attending battallion and regr-
mental musters.
A bill to require the Trustees of the Trenton Male Academy, to pay
over one half of the Academy Funds, now accrued and unexpended,
and also one half of said funds hereafter to accrue to the Trustees of
the Trenton Female Academy.
Which bills were severally read a first time and passed.
The Senate took up and considered a bill from the House of Repre-
sentatives to restore John Wilson of Blount county to the privileges
of citizenship.
Which bill was read a first time—
When mr. Ledbetter moved to amend said bill by inserting in the
third line after the word "county," the words "and William Hamilton
of Rutherford county."
Which being read and considered by the Senate, said amendment
was adopted.
Mr. Foster moved to amend said bill by inserting therein after the
words " Rutherford county" the words folio wing :
"And that Alonzo M. D. Bostick of the county of Benton, be, and
he is hereby restored to all the rights and privileges of citizenship."
Which being read and the sense of the Senate thereon had, said
amendment was adopted.
And said bill as amended was read a first time and passed.
The Senate took up and considered a bill from the House of Rep-
resentatives to create the 23rd and 24th brigades of Tennessee
Militia—the 23rd of the counties of Fayette and Shelby, and the 24th
of the counties of Maury and Hickman.
Which bill being read—
When mr. H/atthe ws moved to amend said bill by striking out of the
fifth line of the first section after the words "counties of Maury,"
the words "and Hickman."
Which being read, and the sense of the Senate thereon had, said
amendment was adopted.
And said bill as amended was read a first time and passed
The Senate took up and considered a bill from the House of Repre-
sentatives to repeal a resolution directory to the surveyor of the Hi-
wassee District, and to the Entry Taker of the Ocoee District,
Which bill was read a first time and passed.
On motion of mr. Powell, said bill was laid on the table.
The Senate took up and considered a bill to provide for the payment
of the record books for the use of the clerks of the Supreme Court of
this State.
Which bill was read a first time, when, on motion of mr. Powell,
said bill was laid on the table.
Mr. Hardwicke returned a bill from the House of Representatives*
by him withdrawn for amendment, without amendment.
5S6
JOURNAL OF
When, on motion of mr. Hardwicke, said bill was laid on the ta-
ble.
The Senate took lip and considered a bill from the House of Rep-
resentatives to withdraw the stock and cancel the' bonds of the State
subscribed and issued to the Louisville, Cincinnati and Charleston
Rail Road Company.
When, on motion of mr. Powell, said bill was laid on the table.
The Senate took up and considered a bill from the House of Rep-
resentatives to compel persons to whom notes are assigned to give
the makers of said notes an opportunity to pay them before being
sued.
Which being read—
Mr. Nelson moved the indefinite postponement of said bill, and the
question thereupon being had was determined in the affirmative.
So said bill was indefinitely postponed, upon its second reading in
the Senate.
Ordered that said bill be transmitted to the House of Representa-
fives, and that the clerk acquaint the House therewith.
Mr. Sevier introduced a bill for the relief of Carroll county, and for
other purposes.
Which bill'was read a first time and passed.
The Senate took up and considered the following entitled bills upon
their second reading in the Senate, to-wit:
A bill for the relief of Humphreys and Benton counties.
A bill to amend an act to prescribe certain duties to be performed
by the clerks of the several courts of this State, and for other purposes.
Which bills were severally read a second time and passed.
The Senate, on motion of mr. Warner, took up and considered a
bill for the relief of the citizens of this State; which bill being read a
second time—when mr. Peyton asked and obtained leave to with-
draw said bill for amendment.
The Senate, on motion of mr. Bradbury, took up and considered a
bill to appropriate the State tax of Hardin county for two years to
county purposes; which bill was read a second time—when mr. Gard-
ner moved to amend said bill by adding thereto the followiug, consti-
tuting the 2d section of said bill, to-wit:
Sec. 2. Be it enacted, That the provisions and benefits of this act
be and the same are hereby extended to the county of Obion, for the
purpose of aiding the citizens of said county in building a public jail;
which being read, and the sense of the Senate thereon had, said
amendment was adopted, and said bill as amended was read a second
time and passed.
The Senate took up and considered a bill from the House of Rep-
resentatives for the relief of Abethel Wallace, sheriff of Sumner
county; which bill was read a first time and passed.
On motion of mr. Hardwicke, said bill was referred to the commit-
tee on Claims. ,
The Senate, on motion of mr. Williams, took up and considered a
message from the House of Representatives, transmitting a resolution
directory to the Secretary of State for the State of Tennessee, pro-
THE SENATE.
587
posing to authorise said Secretary to appoint an agent at Knoxville to
examine, receive and receipt for the portion of the acts and journals
of the present Gen'eral Assembly, intended for distribution in East
Tennessee.
Which being read and considered, mr. Williams moved to amend
said resolution by striking out the words " acts andwhich being
read and considered, said amendment was adopted, and said resoiu-
tion as amended concurred in.
Ordered that the clerk acquaint the House of Representatives with
the Senate's amendment to said resolution, and ask a concurrence
therein.
A message from the House of Representatives, by mr. Mitchell their
clerk:
Mr. Speaker : The Speaker of the House of Representatives did
this day sign the following enrolled bills, as follows, to-wit:
An act for the relief of persons building machinery propelled by
water power.
An act to amend an act entitled an act to amend an act entitled am
act to amend an act for the benefit of the widows of intestates, and
for other purposes, passed 16th day of December, 1813, so as to ex-
tend to orphans.
An act to authorize the issuing of grants in the Hiwassee district in
certain cases.
An act to amend the criminal laws of this State.
An act to amend the laws providing for the collection and paying
over the State and County taxes, and for other purposes.
An act to authorize the Governor of Tennessee to commute capital
punishment to imprisonment for life in the Penitentiary in certain
cases.
An act to authorise the payment of certain moneys therein men-
tioned to the Common School Commissioners of the 11th School Dis-
trict, of AfcNairy county.
An act for the relief of George C. Bradley, former jailor of Haw-
kins county.
An act to amend the acts of 1837, chapter 57, and the act of 1829,
chapter 11,
An act to regulate the duties of clerks in certain cases.
An act to amend the 13th section of the act of 1835, chap. 15, rela-
live to tax collectors.
An act to amend the act of 1836, chapter 43, in relation to attach-
ments.
Which enrolled acts I am directed to transmit to the Senate.-
And then he withdrew.
Whereupon the Speaker of the Senate did sign said several enrolled
acts, and ordered that the same be re-transmitted to the House of Rep-
resentatives for the further action of the House thereon to be had.
The Senate, on motion of mr. Ledbetter. took Up and considered a
bill for the relief of Cannon county.
Which bill was read a second time—when mr. Laughlin moved to
amend said bill by inserting therein, after the word " Cannon," the
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words "Coffee, DeKalb and Van Buren"—mr. Warner moved to
amend said bill by inserting therein, after the amendment proposed
by mr. Langhlin, the word "Marshall"—mr. iUiller moved to amend
said bill by inserting therein, after the amendment proposed by mr.
Warner, the word " Polk."
Which amendments mr. Laughlin accepts—when, on motion of mr.
Ledbetter, said bill was laid on the table.
The Senate took up and considered a bill to incorporate the Pem-
tentiary Turnpike Company.
Which bill was read a first time—when mr. Foster moved to lay
said bill on the table, and the - question thereupon being had, was de-
termined in the negative—ayes 5, nays 20.
The ayes and noes being demanded,
The affirmative voters were:
Messrs. Foster, Hardwicke, Jennings, Martin, and Motley—5.
The negative voters were:
Messrs. Ashe, Bradbury, Frey, Gardner, Johnson, Laughlin, Led-
better, Maclin, Matthews, Miller, Nelson, Peyton, Powell, Reneau,
Ross, Sevier, Warner, Waterhouse, Williams, and mr. Speaker Tur-
ney—20.
So said motion to lay said bill on the table was rejected.
The question then recurred upon the passage of said bill, which be-
ing had, was determined in the affirmative.
So said bill was passed upon its first reading in the Senate.
The Senate took up and considered a bill for the relief of Him-
phreys and Benton counties.
Which bill was read a second time and passed.
On motion of mr. Hardwicke,
The Senate adjourned until to-morrow morning 9 o'clock.
SATURDAY* JAN. 29, 1842.
A message from the House of Representatives by mr. Mitchell theii
Clerk.
Mr. Speaker : The House of Representatives have read a third
and last time and passed the following entitled bills, to-wit:
A bill to appoint commissioners on Scott's Turnpike road, leading
through Fentress county, and for other purposes.
A bill to change and amend the act of 1839-40, chapter 102, sec-
tion 8.
A bill to amend and extend the charter of the White's Creek Turn-
pike Company.
A bill to remedy the informality of deeds of conveyance and the
instruments executed by an attorney.
A resolution directory to the Comptroller of the Treasury.
Which bills I am directed to transmit to the Senate and ask a con-
dirrence therein.
The Speaker of the House of Representatives did this day sign the
following enrolled bills, entitled:
THE SENATE.
589
An act to diminish the corporation limits of the town of Gallatin,,
in Sumner county.
An act relative to the adjudication of land warrants.
Which I am directed to transmit to the Senate.
And then he withdrew.
Whereupon the Speaker of the Senate did sign said enrolled actsr
and ordered that the same be re-transmitted to the House of Repre-
sentatives for the further action of the House thereon to be had.
Mr. Warner chairman of the committee on claims to whom had been
referred a bill from the House of Representatives for the relief of Abethel
Wallace, Sheriff of Stewart county—Reports, that said committee have
had the same under consideration, and after considering, said bill, with the-
accompanying documents, are of opinion, that the provisions contained in
said bill and the relief sought for is proper and should be allowed, that
said committee had instructed him to report said bill, and to recommend
its passage, which report was read and concurred in.
And said bill was read a second time and passed.
Mr. Foster chairman of the committee on the Judiciary, to whom had
been referred a bill from the House of Representatives to amend the law
t)f descents, in certain cases—Reports, that said committee have had the
same under consideration, and that said committee had instructed, him tor
report said bill, with the following amendments, to be inserted in the 14th
line of the first section of said bill, after the words, "the heirs of the
mother," provided said heirs or those they represent, on the part of the
father, and said lieirs and those they represent on the part of the mother,
stand in equal degree of relationship to the intestate, but it such heirs or
those they represent, do not stand in equal degree of relationship to the
intestate, then such heirs or those they represent who are nearer in blood
shall take the estate of the intestate, in preference to others more remote ;
and to be added to the end of the 3rd section, the following r" and the
real estate devised in such case shall be vested in the issue of such de-
ceased devise©, in the same manner it would have been vested in the
orignal devisee; also toamend said bill by inserting in the third line of the
2d section, after the words, " by the birih of," the words u an heir,"
Which report being read, the Senate concur therein.
And said hill as amended on the report of the chairman of the commit-
tee on the Judiciary, was read a second time and passed.
Mr.Frey chairman of the committee on Enrollments, reports as cor-
rectly enrolled, a bill entitled an act, to alter the time of holding the Cir-
""cub court of Warren county.
Which Enrolled act was thereupon signed by the Speaker of the Sen-
ate, and ordered to be transmitted to the House of Representatives.
Mr. Foster chairman of the committee on the Judiciary to whom had
been referred the Senate's bill, to enable, foreigners to transmit the real
estate they may purchase to their heirs—Reports, that said committee
have ha'd the same under consideration, and had instruced him to report
said bill with the following amendments, to wit : strike out of the third
line of the second section, after the words, " foreigners who," the words
<chave or," insert in the third line of the second section, after the words
590
JOURNAL OF
"may hereafter," the words "eighteen months from the passage of
this act, and at no other time," and with said amendments, to recom-
mend the passage of said bill.
Which report being read and the question upon the concurrence of
the Senate in said Report, was thereupon had, and determined in the
negative—ayes 5, noes 17.
^ The ayes and noes being demanded,
* The affirmative voters were :
Jl/essrs. Bradbury, Jennings, Nelson, Reneau and Sevier—5.
The negative voters were :
il/essrs. Ashe, Frey, Gardner, Hardwicke, Laughlin, Ledbetter,
JRaclin, JL/artin, J/atthews, Jiiiller, Motley, Peyton, Ross, Warner,
Waterhouse, Williams and mr. Speaker Turney—17.
So said bill was rejected upon its second reading in the Senate.
The Senate on motion of mr. Hardwicke, took up and considered a
bill from the House of Representatives for the benefit of witnesses in
certain cases,
Which being read, was on motion of Jl/r. Hardwicke, referred to
the committee on the Judiciary,
Mr. Laughlin, chairman from the select committee to whom had
been referred a bill to provide for but two instead of three annual terms
of the circuit court in each of the counties west of the Tennessee riv-
or, and to fix the time of holding the same, reports that said commit-
tee have had the same under consideration, that said committee had
instructed him to report the following amendments and with said
amendment to recommend the passage of said bill—which amend-
ment is as follows :
Sec. 3. Be it enacted, That the circuit courts of the several judicial
circuits in the East and Middle divisions of the State at the following
times, that is to say:
For the .First Judicial Circuit—
For the county "of Johnson, on the Mondays in and
" Carter, on the " "
" ^ Washington,on the " "
" Greene, on the " "
" Sullivan, on the " "
" Hawkins, on the " "
And for the Second Judicial Circuit the said Circuit Courts shall be
held—
For the county of Blount, on the Mondays in and
" Knox, on the " "
" Anderson, on the " "
" Morgan, on the " "
And for the third Judicial Circuit the said Circuit Courts shall be
held—
For the county of Roane, on the Mondays in and
" Rhea, on the " "
" Bledsoe, on the " "
" Marion, on the " "
" Hamilton, on the " "
TIIE SENATE.
" McMinn, on the "
" Meigs, on the "
" Monroe, on the "
" Bradley, on the "
" IJolk, on the "
And for the Fourth Judicial Circuit the said Circuit Court shall be
held—
For the county of White, on the Mondays in and
" Fentress, on the "
« Overton, on the " "
" Jackson, on the " "
" Smith, on the " "
" De Kalb, on the " "
And for the Fifth Judicial Circuit the said Circuit Courts shall be
held—
For the county of Bedford, on the Mondays in and
u Wilson, on the " "
" Rutherford, on the " "
" Cannon, on the " "
And the said'Circuit Courts shall be held for the Sixth Judicial Cir-
cuit—
For the county of Williamson, on the Mondays in and
" Davidson, on the " "
" Sumner, on the " "
For the Seventh Judicial Circuit the said Circuit Courts shall be
held— •
For the county of Robertson, on the Mondays in and
" Montgomery, on the " "
" Dickson, on the " "
6i Humphreys, on the " "
" Stewart, on the " . "
And for the Eighth Judicial Circuit the said Circuit Courts shall be
held—
For the county of Maury, on the Mondays in and
" Marshall, on the " "
" Giles, on the " "
" • Hickman, on the " "
And the said Circuit Courts shall be held for the twelfth Judicial
Circuit—
s For the county of Cocke, on the Mondays in and
" Sevier, 011 the " "
" Jefferson, on the " "
" Grainger, on the " "
" < Campbell, on the " "
" Claibourne, on the " "
And the said Circuit Courts shall be held for the thirteenth Judicial
Circuit—
For the county of Lincoln, on the first Mondays of April and October.
For the county of Franklin, on the third Mondays of April and Oct.
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JOURNAL OF
For the county of Coffee, on the fourth A/ondays of. April and Oct,
For the county of Warren, on the first A/ondays in May and Nov.
For the county of Van Buren, on the third Mondays in A/ay andNov.
Which report being read, mr. Ledbetter offered the following
amendment to said bill:
Sec. ■ Be it enacted, That all, suits in said Circuit Courts shall be
liable at the first or appearance term, where the original process, with
a copy of the declaration, has been served upon the defendant or de-
fendants at least three months before the commencement of said termr
but may be continued for cause shown as heretofore. This section
shall not be in force until the first day of January, 1843.
Which being read, mr. Ledbetter moved the indefinite postpone-
ment of said bill with the amendments thereto, and the question there-
upon being had, was determined in the negative—ayes 12, nays 13.
The ayes and nays being demanded,
The affirmative voters were:
Messrs. Foster, Frey, Johnson, Ledbettef, Mattin, Matthews, Mil-
ler, Motley, Nelson, Reneau, Ross, and Williams—12.
The negative voters were :
Messrs. Ashe, Bradbury, Gardner, Hardwicke, Jennings, Laughlin,
Maclin, Peyton, Powell, Sevier, Warner, Waterhouse, and mr. Speak-*
er Turney—13.
So said motion to indefinitely postpone said bill was rejected.
Mi. Ledbetter moved to amend the amendment reported by the se-
lect committee, by striking out so much thereof as relates to the hold-
ing the Courts in East and Middle Tennessee, and the question there-
upon being had, was determined in the negative—ayes 12, nays 13.
The ayes and noes being demanded.
The affirmative voters were :
Messrs. Foster, Frey, Johnson, Ledbetter, A/artin, A/atthews, A/ib
ler, AJotley, Nelson, Ross, Waterhouse, and Williams—12.
The negative voters were :
Messrs. Ashe, Bradbury, Gardner, Hardwicke, Jennings, Laughlin,
Maclin, Peyton, Powell, Reneau, Sevier, Warner, and mr. Speaker
Turney—13.
So said amendment to the committee's amendment was rejected.
Mi. Gardner moved to lay said bill on the table until Monday
evening next, and the question thereupon being had, was determined
in the negative—ayes 12, nays 13.
The ayes and noes being demanded,
The affirmative voters were:
Messrs. Ashe, Bradbury, Gardner, Hardwicke, Jennings, Laughlin,
Maclin, Peyton, Powell, Sevier, Warner, and mr. Speaker Turney—12.
The negative voters were : ,
Messrs. Foster, Frey, Johnson, Ledbetter, Martin, Matthews, Miller,
Motley, Nelson,Reneau, Ross, Waterhouse n-ni Williams—13.
So said motion to lay on the table was ruivmd.
The question then recurred upon the ad u tion of the amendment
reported by the select committee, which beln^ had was determined in
;be affirmative. So said amendment was aduplcd.
THE SENATE.
593
And Said bill as amended being read a third and last time, and the
question recurring upon the passage of said bill was had, and deter-
mined in the negative—ayes 10, nays 15.
The ayes and noes being demanded,
The affirmative voters were:
Messrs. Ashe, Bradbury, Gardner, Hardwicke, Jennings, Laughlin,
Powell, Sevier, Warner, and mr, Speaker Turney—10.
The negative voters were:
Messrs. Foster, Frey, Johnson, Ledbetter, Maclin, Martin, Mat-
thews, Miller, il/otley, Nelson, Peyton, Reneau, Ross, Waterhouse,
and Williams—15.
So said bill was rejected upon its third and last reading.
Whereupon mr. Peyton moved a re-consideration of the vote of the
Senate rejecting said bill, and the question thereupon being had, was
determined in the affirmative—ayes 13, nays 11.
The ayes and uoes being demanded,
The affirmative voters were:
Messrs. Ashe, Bradbury, Gardner, Hardwicke, Jennings, Laughlin,
Maclin, Peyton, Powell, Sevier, Warner, Waterhouse and mr. Speak-
er Turney—13.
The negative voters were :
Messrs. Foster, Frey, Johnson, Martin, Matthews, Miller, Motley,
Nelson, Reneau, koss, and Williams—11.
So said motion to re-consider said bill prevailed.
When on motion of mr. Gardner the further consideration of said
bill, is made the order of the day for the afternoon of Monday next,
And said bill was laid on the table.
The Senate on motion of mr. Foster, took up and considered a mes-
sage from the House of Representatives transmitting a resolution pro-
posing that the Senate meet the House of Representatives in their
Hall, on Wednesday the 2d day of February next, for the purpose of
electing a Judge of the Criminal court, for Davidson county,
Which being read, mr. Foster moved to amend said resolution by
striking out " Wednesday the 2d," and to insert in lieu thereof "Tues-
day the 1st,"
Which being considered of by the Senate said amendment was
adopted.
The question then recurred upon a concurrence in said resolution
as amended, which being had, was determined in the affirmative—
ayes 15, noes 9.
The ayes and noes being demanded,
The affirmative voters were:
Messrs. Ashe, Bradbury, Foster, Frey, Gardner, Hardwicke, Jen-
nings, Johnson, Motley, Nelson, Peyton, Powell, Reneau, Sevier and
Williams—15
The negative voters were:
Messrs. Laughlin, Maclin, Martin, Matthews, Miller, Ross, Warner,
Waterhouse and mr. Speaker Turney—9.
So said resolution as amended was concurred in.
40
594
JOURNAL OF
Ordered that the clerk announce to the House of Representatives the
Senate's concurrence in said resolution as amended, and ask the concur-
rence of the House in the Senate's amendment thereto.
A message from the House of Representatives by rar. Mitchell their
clerk:
Mr. Speaker : The House of Representatives have taken up, read a
third time, and passed the following entitled bills, to wit:
A bill to amend an act, passed 11th December, 1837, entitled an act,
to amend an act, to incorporate the Ashport Turnpike company.
A bill to change the time of holding the Chancery courts at Somer-
ville.
A bill to incorporate -the Kingsport Manufacturing Company.
A bill making allowance to certain purchasers of reservations in the
Hiwassee district.
Which bills 1 am directed to transmit to the Seriate, and ask a concur-
rence therein.
The Speaker of the House of Representatives did this day sign an en-
roiled bill, entitled
An act, for the relief of William Croom, of the county of Madison,
and for other purposes, which I am directed to transmit to the Senate.
And then he withdrew. v
Whereupon the Speaker of the Senate did sign said enrolled act, and
ordered that the same be re-transmitted to Hie House of Representatives
for further action of the House thereon to be had.
The Senate on motion of. mr. Frey took up and considered a message
from the House of Representatives, transmitting the amendments made
by the House of Representatives to the report of the joint Select com-
mittee, appointed by a resolution adopted by the Senate and concurred in
by the House of Representatives, to inquire into, and report the number
of the acts of the General Assembly, and the Journals of both Houses of
this General Assembly to be printed—which amendments of the House
of Representatives propose striking out one copy of the acts to each
" Ranger and Coroner," and allowing to each " Clerk of the Senate and
House of Representatives an act of Assembly," to allow each''Door
keeper of the House and the Door keeper of the Senate one copy of the
Acts and Journals."
Mr. Frey moved that the Senate non-concur in the. first amendments
and concur in the second amendment, and non-concur in the third amend-
mentof the House of Representatives to said Report, which being consid-
eped said motion prevailed.
Ordered that the clerk acquaint the House of Representatives there-
with.
The Senate on motion of mr. Jenning9, took up and considered a reso-
lution submitted by mr. Ledbetter on the 25th of November 1841, pro-
posing to elect a second assistant clerk to transcribe the Senate's Jour-
aal for the public printers, and to perform such other duties as may from
time to time be required of him,
Which being read, said resolution was adopted.
On motion of mr. Sevier,
THE SENATE.
595
The Senate adjourned until 2 o'clock, P. M.
evening session.
A message from the House of Representatives by amr. Mitchell their
Clerk :
Mr. Speaker : The House of Representatives have taken up and con-
sidered the amendments of the Senate to a bill of the House to regulate
the draining of Swamp lands, and also the Senate's amendments to a bill
relating to lands in the Ocoee district, and the locations of entry for the
same ; which amendments of the Senate are severally coucurred in by the
House of Representatives.
And then he withdrew.
The Senate took up and considered a bill from the House of Repre-
sentatives to amend the charter of the Obion Turnpike company,
Which being read, when
Mr. Gardner moved to amend said bill, by striking out of the third
section after the words, " and carriages fifty cents each," the words, " ex-
cept the citizens of Obion county, who shall be permitted to pass said
gate free of toll,
Which being read and considered of by the Senate, said amendment
was adopted.
And said bill as amended, was read a second time and passed.
The Senate took up and considered a bill from the House of Represen-
tatives to authorise the building of dams across Duck liver, above the
town of Columbia, of certain specified dimensions,
Which bill being read, when
•A/r. Martin moved to amend said bill by adding thereto the following,
constituting the 4th section of said bill, to wit :
Sec. 4. Be it enacted, That the privilege of building clams across
Duck river, below Columbia and above the town of Williamsport, in
A/aury county, is hereby extended to all persons under the provisions of
the above section of this act, provided dams which may be erected across
said river below Columbia, and above the town of Williamsport, shall
not exceed three feet above low water mark, and provided further, that
any person or persons constructing dams across said river, as aforesaid,
in this section, shall be liable to the owner or owners of all water crafts
that may pass or repass such dam, for such damages as may result from
the erection of any such dam,
Which being read, and the sense of the Senate thereon had, said amend-
nient was adopted.
And said bill as amended was read a second time and passed.
The Senate took up and considered a bill for the amendment of Crim-
ina! law, and for other purposes,
Which bill as amended was read a third and last time, and the question
upon the passage of said bill was had, and determined in the affirmative
ayes 19, noes 6.
The ayes and noes being demanded,
The affirmative voters were:
596
JOURNAL OF
Messrs. Ashe, Bradbury, Foster, Frey, Gardner, Ilardwicke, Jerjb-
nings, Johnson, Laughlin, Ledbetter, Maclin, Nelson, Peyton, Powellr
Reneau, Sevier, Warner, Williams and mr. Speaker Turney—19.
The negative voters were :
Messrs. Martin, Matthews, Miller, Motley, Ross and Waterhouse—6.
So said bill as amended was passed upon its third and last reading in
the Senate, was ordered to be engrossed and transmitted to the House of
Representatives.
The Senate took up and considered a bill from the House of Repre-
sentatives, to consolidate the Surveyor's and Entry taker's office of Giles
county, and for other purposes.
Which being read a second time, when
Mr. Ross moved to amend by striking out the 2d and 3d sections as
follows:
Sec. 2. Be it enacted, That the County court of said Giles county
are hereby authorised and required to employ some suitable person to
make out a plan of that part of said county, lying west of said Sine by a
scale of 200 poles per inch, on which shall be represented the section
lines, water courses, and all the legal claims both of grants or warrants,
entries and bona fide occupant claims, which, when completed, they
shall receive and make a reasonable compensation to the person for ma-
king the same, not exceeding two hundred dollars, and deposit said plan
with the Surveyor of said county, for safekeeping, on which he shall lay
down each entry received by him in its proper place.
Sec. 3. Be it enacted, That all persous who were at any time on
or before the ISth day of February, 1841, entitled to any occupant
preference, under any of the occupant laws of this State in said caun-
ty, which claims have not been heretofore represented on the general
plan of the respective districts where the land lay, such person, the
legal representative of such person or persons and the rightful assignee
of such person or persons shall have the right and privilege of enter-
ing said claims in the surveyor's office of said county in accordance
with the provisions of the general land laws for entering and obtain-
ing grants on preemption rights, south and west of said line passed
at the present session of this General Assembly, provided they make
satisfactory proof to said surveyor according to the provisions of the
particular occupant law under which they claim, the original claimant
was legally entitled to said claim under said act, and in case of trans-
fer make such additional proof of their right as assignee as is provided
by law for such cases, viz : that the original occupant was entitled to
a preference by law, and that they are the rightful owners, to the sat-
isfaction of said surveyor, then the said surveyor shall grant them the
same rights as though the same had been surveyed aud laid down
as contemplated in the several occupant laws of the State, at the time
the right first obtained.
Which being read and the sense of the Senate thereon had, said
amendment was adopted.
J\lr. Ross moved farther to amend said bill by adding thereto the
following, to constitute the 2nd section of said bill:
THE SENATE.
597
Sec. 2. Be it enacted, That the surveyor's office and entry taker's
)ffice for the county of Lincoln, be, and the same are hereby consoli-
lated, and the surveyor of said county shall be required to perform
all the duties that the entry taker is now required to perform, and shall
be entitled to receive the same fees.
Which being read, and the question upon the adoption of said
amendment being had, was determined in the affirmative.
So said amendment was adopted—and said bill as amended was
read a second time and passed.
The Senate took up and considered a bill from the House of Repre-
sentatives to incorporate the East Tennessee Manufacturing compa-
ny. .
Which being read a second time—
Mr. Foster moved to amend said bill by striking out the word "per-
petual" recurring in the 7th line of the first section after the words,
"by that name shall have," and to strike out the word "perpetual" in
all places in said bill where the same occurs.
Which being read and considered by the Senate said amendments
were adopted.
Mr. Waterhouse moved to amend said bill by adding thereto the
following, constituting the 11th section of said bill, to-wit:
Sec. 11. Be it enacted, That the Legislature shall have the power
to alter or repeal this charter, when in their opinion the public good
requires it.
Which being read and the sense of the Senate thereon being had,
said amendment was adopted.
And said bill as amended was read a second time and passed.
The Senate, on motion of mr. Maclin, took up and considered a bill
for the relief the Somerville College.
Which being read a second time, when mr. Jl/aclin offered the fol-
lowing amendment in lieu of the whole bill after the caption, to-wit:
Be it enacted by the General Assembly of the State of Tennessee,
That the sum of two thousand and five hundred dollars, be and the
same is hereby appropriated to be paid annually to the President and
Trustees of the Somerville college, in the county of Fayette, by the
President and Directors of the Bank of Tennessee, at Somerville, put
of the contingent surplus fund of said Branch, subject always to the
following restrictions:—It shall be the duty of the President and Di-
rectors of said Branch, at the end of the present and each subsequent
Bank year, out of the profits of each of said years, to set aside the 8
per cent required by the act creating said bank, to be annually paid to
the State upon its capital stock—also to deduct the current expenses
of the Branch for said year —and also to deduct in like manner a sum
equal to all the estimated bad debts due the Bank, and so clearly as-
certaincd for the current year, and in addition thereto they shall de-
duct the further sum each year, of one thousand dollars, to be added to
the contingent fund of said Branch, and the balance of profit
remaining for each year, after such addition shall be paid over to the
President and Trustees of the Somerville College—Provided, That
the sum so paid at the end of each bank year shall not exceed two
59 S
JOURNAL OF
thousand and five hundred dollars—and any further surplus which
may remain of the profits of said Branch for any one year, after the
deductions aforesaid, shall, as heretofore, be added to the contingent
fund.
Sec. 2. Be it enacted, That the first payment to the said President
and Trustees shall be at the end of the present Bank year.
Which being read and the sense of the Senate thereon had, said
amendment was adopted in lieu of the original bill.
And said bill as amended was read a second time and passed.
The Senate took up and considered a bill from the House of Repre-
sentatives to dispose of that portion. of the monies arising from the
sale of the public lands, to which Tennessee may be entitled under the
act of Congress of the Extra Session of 1841, commonly called the
distribution bill.
Which being read, mr. Matthews moved to amend said bill by strik-
ing out the words "one half," and to insert in lieu thereof the words
"three-fourths" wheresoever the same occurs in said bill.
Which being read, and the question upon the adoption of said
amendment being had, was determined in the affirmative—ayes 15,
nays 10.
The ayes and nays being demanded,
The affirmative voters were :
Messrs. Ashe, Bradbury, Gardner, Jennings, Johnson, Laughlin,
Maclin, Martin, Matthews, Peyton, Powell, Sevier, Warner, Wil-
liams and mr. Speaker Turney—15.
The negative voters were :
Jl/essrs. Foster, Frey, Hardwicke, Ledbetter, Miller, Motley,
Nelson, Reneau, Ross, and Waterhouse—10.
So said amendment was adopted.
And said bill as amended was read a second time and passed.
The Senate took up and considered a bill from the House of Repre-
sentatives to make it felony to gamble with slaves, and to make it a
misdemeanor to cut and haul wood off of the lands of others.
Which being read, mr. Ross moved to amend said bill by striking
out the first section, being that part of the bill making it a felony to
gamble with slaves.
' Mr. Nelson moved the indefinite postponement of said bill, and the
question was thereupon had and determined in the negative—ayes 11,
nays 13.
The ayes and noes being demanded,
The affirmative voters were:
Messrs. Ashe, Frey, Johnson, Ledbetter, Maclin, Matthews, Miller,
Nelson, Peyton, Reneau, and Williams—11.
The negative voters were :
Messrs. Bradbury, Foster, Gardner, Jennings, Laughlin, Martin,
Motley, Powell, Ross, Sevier, Warner, Waterhouse, and mr. Speaker
Turney—13.
So said motion indefinitely to postpone said bill was rejected.
The question then recurred upon the motion of mr. Ross to amend
said bill by striking out the first section, and the question upon the
THE SENATE.
599
adoption of said amendment being had was determined in the affirm-
ative.
So said amendment was adopted. .
And said bill as amended, being read a second time, and the ques-
tion upon the passage of said bill being had was determined in the
negative—ayes 4, nays 17.
The ayes and noes being demanded,
The affirmative voters were:
Messrs. Gardner, Ross, Waterhouse and mr. Speaker Turney—4.
The negative voters were :
Messrs. Ashe, Bradbury, Foster, Frey, Jennings, Johnson, Laugh-
iin,Ledbetter, Maclin, Martin, Matthews, Miller, Nelson, Peyton, Re-
neau, Warner, and Williams—17.
So said bill as amended was rejected upon its second reading in the
Senate.
Ordered that said bill be transmitted to the House of Representa-
lives and that the clerk announce to the House of Representatives the
rejection of said bill by the Senate upon its second reading.
The Senate took up and considered the following bills from the
House of Representatives upon their second reading, to-wit;
A bill for the correction of certain mistakes in the entry of lands in
the Ocoee District, and for other purposes.
A bill to amend an act entitled an act to incorporate the inhabitants
of the town of Memphis, passed the 9th of December, 1826.
A bill to require the Trustees of the Trenton Male Academy, to pay
over one half of the Academy Funds, now accrued and unexpended,
and also one half of said funds hereafter to accrue to the Trustees of
the Trenton Female Academy.
A bill to regulate elections by the county courts.
A bill to incorporate the town of Durhamsville in the county ot
Lauderdale.
A bill to impose certain duties on Overseers of Roads. •
A bill to amend the Militia laws of this State.
A bill to repeal an act declaring the Ocoee river navigable.
A bill to incorporate the Brownsville Female Institute at Browns-
viile, in Haywood county.
A bill to incorporate the town of Harrison, in Hamilton county.
A bill to authorize Samuel Henry, sen., of Blount county to build a
dam across Little River in said county.
A bill to amend and explain part of the 2nd section of an act pass-
ed the present session to consolidate the funds and to provide for but
one instead of two separate classes of Common Schools in the Hiwas-
see and Ocoee Districts in the State of Tennessee.
A bill to incorporate the Trustees of Tusculum Academy.
A bill to incorporate the Greeneville Female Academy in the town
of Greeneville, and for other purposes.
A bill to extend the limits of the corporation of the town of Leba-
non in Wilson county.
A bill in regard to appeals and writs of error.
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A bill to appoint commissioners of the Bean's Station Turnpike
road, and for other purposes.
A bill to amend the second section of an act to prevent the pois-
oning of Fish in any of the waters of this State, passed Nov. 19th,
1833, chapter 74.
A bill for the relief of a portion of the citizens of Perry county.
A bill to authorize the refunding of money to sheriffs and tax col-
lectors in certain cases.
A bill to amend an act entitled an act to amend an act entitled an
act to dispose of the lands in the Ocoee District, passed the 28th day
of November, 1839, chapter 8.
A bill to incorporate the inhabitants of the town of Fort Pickering
in the county of Shelby.
A bill to amend the second section of an act entitled an act to incor-
porate the Clarksville Marine and Fire Insurance and Life and Trust
company, passed 15th January, 1840.
Which bills were severally read a second time and passed.
The Senate took up and considered a bill from the House of Repre-
sentatives explanatory of an act passed Dee. 2, 1831, entitled an act to
prevent the violation of graves, &c.
Which bill was read a second time, and the question upon the pass-
age of said bill being had, was had and determined in the negative—
ayes 5, noes 17.
The ayes and nays being demanded,
The affirmative voters wore:
Messrs. Jennings, Peyton, Powell, Ross and Williams—5.
The negative voters were:
Messrs. Ashe, Bradbury, Foster, Frey, Johnson, Laughlin, wacliiT,
Martin, Matthews, Miller, Motley, Nelson, Reneau, Sevier, Warner,
Waterhouse and nlr. Speaker Turney—17.
So said bill was rejected upon its second reading in the Senate, and
was ordered to be transmitted to the House of Representatives.
Ordered, that the clerk announce to the House of Representatives
the rejection of said bill by the Senate upon its second reading.
The Senate took up and considered a bill from the House of Repre-
sentatives to compel persons to whom notes are assigned, to give the
makers of said notes an opportunity to pay them before being sued.
Which bill was read a second time, when mr. Nelson moved the in-
definite postponement, of said bill, and the question thereupon being
had, was determined in the affirmative.
So said bill was indefinitely postponed upon its second reading in
the Senate, and ordered to be transmitted to the House of Represen-
t itives.
Ordered, that the Senate acquaint the House of Representatives
therewith.
il/r. Frey, chairman of the committee on enrollments, reported as
correctly enrolled a bill entitled an act granting Elijah Frost a Turn-
pike road; also, granting to Andrew K. Parker, John Gillintine and
Nicholas M. Gillintine a Turnpike road.
Whereupon, the Speaker of the Senate did sign said enrolled act,
THE SENATE.
601
and ordered that the same be transmitted to the House of Represen-
tatives.
Mr. JUatthews submitted the following:
Resolved, That the Senate will have night sessions, to commence at
6 o'clock and continue until 9 o'clock; which being read, was laid on.
the table,
The Senate, on motion of mr, Ledbetter, took up the resolution
adopted by the Senate to elect a second assistant clerk.
The Speaker of the Senate declared that nominations to said office
were in order, when mr. Ledbetter put in nomination Ezra Kizor, and
mr. Warner nominated William Scott Haynes.
The Senate thereupon proceeded, viva voce, to elect a second assist-
ant clerk to the Senate, in conformity to said resolution.
Senators who voted for mr. Kizor were:
Messrs. Bradbury, Foster, Frey, Jennings, Laughlin, Ledbetter,.
Miller, Motley, Nelson, Peyton, Reneau, Sevier, Williams and mr.
Speaker Turney—14.
Senators who voted for mr. William Scott Haynes were:
.Messrs. Gardner, Johnson, Maclin, Martin, Matthews, Powell, Ross,
Warner and Waterhouse—9.
Whereupon, the Speaker of the Senate declared that Ezra Kizor
was duly and constitutionally elected second assistant clerk of the Se-
nate.
Mr. Gardner submitted the following:
Resolved by the General Assembly of the State of Tennessee,.
That the Secretary of State, in issuing certificates of warrants hereaf-
ter adjudicated by him, when the warrant belongs to heirs, and the
number and heirship of the claimants are proved to his satisfaction,
shall issue to each, in his or her name, their proportion of such war-
rant, in all cases where it is practicable to do so under the provisions of
an act passed at the present session of the General Assembly, on the
27th day of January, 1842; and where such equal division between
the heirs cannot be made under the provisions of said act, said com-
missioner shall issue the certificates to the heirs generally, and deliver
them to any one of said heirs, or to the agent or attorney of all or any
part of said heirs; which being read, was laid on the table.
The Senate took up and considered a message from the House of
Representatives directory to the Secretary of State for the State of
Tennessee, relating to the adjudication of land warrant No. 1240, for
six hundred and forty acres, issued by William Hill, Secretary of the
State of North Carolina, to the heirs of Findley McDonald; which
being read and considered, the Senate concur therein.
Ordered, that said resolution be transmitted to the House of Repre-
sentatives for enrollment, and that the clerk acquaint the House with
the concurrence of the Senate therein.
The Senate took up and considered a bill from the House of Repre-
sentatives for the relief of securities' and endorsers in certain cases;
which being read,
Mr. Foster moved to amend said bill by striking out of the 10th line
of the 1st section, after the words "such person or persons so," the
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word " replevying," and insert in lieu thereof the word " staying."
Mr. Foster moved farther to amend said bill by striking oat of the
20th line of the 1st section, after the words " in procuring such," the
word " replevy," and to insert the word " stayingwhich being read
and considered by the Senate, said amendments were adopted.
And said bill, as amended, was read a second time and passed.
The Senate took up and considered a bill from the House of Repre-
sentatives to incorporate the Tennessee .Manufacturing Silk Company
and Agricultural School, to teach the art of the culture and manufac-
ture of silk, and for other purposes; which bill was read a second
time, and the question upon the passage of said bill was had and de-
termined in the negative.
So said bill was rejected upon its second reading in the Senate.
Whereupon, mr. Sevier moved a re-consideration of the vote reject-
ing said bill in the Senate upon its second reading, and the question
upon the re-consideration of said bill was had and determined in the
affirmative—ayes 15, noes 6.
The ayes and noes being demanded,
The affirmative voters were:
Messrs. Bradbury, Foster, Frey, Jennings, Laughlin, Ledbetter, Mil-
ler, .Motley, Nelson, Peyton, Powell, Reneau, Sevier, Williams and
mr. Speaker Turney—15.
The negative voters were:
.Messrs. Johnson, Martin, Matthews, Ross, Warner and Waterhouse
—6.
So the Senate agreed to re-consider said bill.
And said bill was read a second time and passed.
The Senate took up and considered a bill from the House of Repre-
?entatives to amend the penal laws; which bill was read a second
time, when
Mr. Ross moved to amend said bill by striking out the 5th section,
as follows, to-wit.:
Sec. 5. Be it enacted, That in all cases where a qui tam action is
given, or a forfeiture incurred for the violation of any statute, the same
may be also punished upon indictment or presentment as a misde-
meanor; which being read, and the sense of the Senate thereon had,
said amendment was adopted.
Mr. Ross moved further to amend said bill by striking out of the 5th
line of the 1st section, after the words " to any free person," the words
l«'or persons;" which being read and considered by the Senate, said
amendment was adopted.
And said bill, as amended, was read a second time, and the question
upon the passage of said bill was had and determined in the alfirma-
tive—- ayes 16, noes 8.
The ayes and nays being demanded,
The affirmative voters were:
Messrs. Bradbury, Foster, Frey, Gardner, Jennings, Laughlin, Led-
better, Martin, .Motley, Nelson, Peyton, Powell, Reneau, Ross, Sevier
andmr. Speaker Turney—16.
The negative voters were :
THE SENATE.
603
Messrs. Hardwicke, Johnson, Maclin, Matthews, Miller) Warner,
Waterhouse and Williams—8.
So said bill was passed upon its second reading.
The Senate took up and considered a bill from the House of Repre-
sentatives prescribing the duties of sheriffs and other officers in certain
■cases; which bill was read a second time and passed.
The Senate took up and considered a bill from the House of Repre-
sentatives to prevent and suppress the issuing and circulating change
bills or tickets of any size or denomination whatever; which being
read,
Mr. Foster moved to amend said bill by inserting in the — line of
the — section, after the words , the following words: " or
the notes of any incorporated banks of other1 States;" which bill, as
amended, was read a second time and passed,
Mr. Williams asked and obtained. leave to withdraw said bill for
amendment.
The Senate took up and considered a bill from the House of Repre-
sentatives for the relief of Thomas Maxwell, of Blount county;
which bill was read a second time and passed.
On motion of mr. Foster, said bill was referred to the committee on
claims.
The Senate took up and considered a bill from the House of Repre-
sentatives to amend the laws of this State in relation to free persons
of color; which being read a second time,
Mr. Jennings moved to amend said bill by inserting in the — line of
the — section of said bill, after the words , the following
words: " white persons as security;" which being read and consul-
ered, said amendment was adopted.
And said bill, as amended, was read a second time, and the question
upon <the passage of said bill being had, was determined in the affirm-
ative—ayes 15, noes 8.
The ayes and noes being demanded,
The affirmative voters were :
Messrs. Bradbury, Gardner, Hardwicke, Jennings, Johnson, Laugh-
lin, Led better, Maclm, Nelsoii, Peyton, Reneau, Sevier, Waterhouse,
Williams and mr. Speaker Turney—15.
The negative voters were:
.Messrs. Foster, Frey, Martin,. Matthews, Miller, Motley, Ross and
Warner—8.
So said bill was passed upon its second reading; when
Mr. Nelson asked and obtained leave to withdraw said bill for
amendment.
On motion of mr. Hardwicke,
The Senate, adjourned until Monday morning 9 o'clock.
MONDAY, JAN. 31, 1842.
A message from the House of Representatives by mr. Mitchell their
Clerk.
Mr. Speaker: The House of Representatives have taken up and
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read aihird and last time and passed the following entitled bills, to-
wit:
A bill to amend the several acts in this State respecting costs.
A bill to amend the act of 1817, chap. 131, sec. 2, upon the subject
of bail bonds and recognizances.
A bill to continue Dr. Gerard Troost Geologist, Mineralogist and
Assayer of the State of Tennessee.
A bill to amend an act entitled an act to extend the limits of the cor-
poration of Brownsville.
Which I am directed to transmit to the Senate, and ask a concur-
reuce therein.
The House of Representatives have taken up and read a petition of
sundry citizens of Montgomery county, praying the extension of the
prison bounds to the limits of said county.
The petition of sundry citizens of Shelby county, praying a charter
to build a Turnpike road.
The petition of Joshua Longe, praying to be permitted to hawk and
peddle without a license.
Which petitions I am directed to transmit to the Senate.
The House of Representatives have adopted a resolution directory
to the Attorney General of the State, requiring him to file a bill in
chancery against the East Tennessee College, the Nashville University
and Luke Lea.
Which I am directed to transmit to the Senate, and ask a concur-
rence therein.
The House of Representatives have taken up and considered the Sen-
ate's amendment to the 6th section of a bil 1 of the House to amend the
laws in relation to forcible entry and detainer, and non-concur in said
amendment made by the Senate to said bill.
The House of Representatives have taken up and considered the sever-
al amendments adopted by the Senate to a bill of the House of Represen-
tatives, to charter the District Central Turnpike company.
The House of Representatives concur in the Senate's amendment, add-
ing a proviso to the 7th section of said bill, and non-concur in the Senate's
amendment, constituting the Sth section of said bill.
Which I am directed to transmit to the Senate.
The Speaker of the House of Representatives did this day sign the
following enrolled bills entitled :
An act, granting to Elijah Frost, a Turnpike road, also granting to An-
drew K. Patker, John Gillentine and Nicholas M. Gillentine, a Turnpike
road.
An act, to amend the act of 1831, chapter 24.
An act relating to laws in the Ocoee district, and the location of entry
for the same.
An act relating to draining swamp lands in the State of Tennessee.
An enrolled resolution, instructing our Senators in Congress, if there be
any elected, and requesting our Representatives to vote for the repealof
the Bankrupt law.
Whereupon the Speaker of the Senate did sign the three last named
THE SENATE.
605
enrolled acts, and enrolled resolution, and ordered the same to be re-trans-
milled to the House of Representatives. "
The Speaker of the Senate further ordered that the first enrolled act,
above mentioned, be deposited in the office of the Secretary of State, for
the State of Tennessee,
Mr. Martin introduced the following :
Resolved by the General Assembly of the State of Tennessee, Thai
a further consumption of time in the Legislature will be an useless expend'-
iture of the public money—therefore *
Resolved, That this General Assembly, the Senate and House of Rep-
resentalives, will adjourn without day on Wednesday, the 2d instant, at
3 o'clock, p. m.
Which being read, was laid on the* table,
Mr. Nelson returned a bill from the House of Representatives to
amend the laws now in force in relation to free persons of color, by him
withdrawn for amendment, with the following amendment, to'wit:
Sec. 6. Be it enacted, That when any free person or persons of eolotf'
shall be detained in this State by sickness or other unavoidable accident,,
he she or they while so detained, shall not he subject to the penalties pre-
scribed by the first section of chapter 102, of an act passed at Nashville in
the year 1831, nor shall any free person or persons of color be subject to
the penalties of said act, unless he she or they shall first have had twenty
days notice of the existence of said act, and that it would he put in force
against them unless they departed from the State in that time,
Which being read, and the sense of the Senate thereon had, said amend-
ment was adopted.
Mr. Foster moved to amend said bill by striking out the 1st, 2d, 3d,
4th and 5th sections of said bill,
Which being read, and the question upon the adoption of said amend-
ment being had, was determined in the affirmative—ayes 16, noes 7.
The ayes and noes being demanded,
The affirmative voters were:
Messrs. Ashe, Foster, Frey, Gardner, Hardwicke, Jennings, Ledbet-
ter, Maclin, Matthews, Miller, Motley, Peyton, Powell, Ross, Warner and
Waterhouse—16.
The negative voters were :
Messrs. Bradbury, Johnson, Laughlin, Nelson, Reneau, Williams and
mr. Speaker Turney—St.
So said amendment was adopted.
And said bill as amended was read a third and last time, and the ques-
tion recurring upon the passage of said bill was had, and determined in
the affirmative—ayes 16, noes 8.
The ayes and noes being demanded,
The affirmative voters were :
Messrs. Ashe, Foster, Frey, Gardner, Hardwicke, Jennings, Led-
better, Maclin, Martin Miller, Motley, Nelson, Powell, and mr. Speaker
Turney—16.
The negative voters were :
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JOURNAL OF
Messrs. Bradbury, Johnson, Laughlin, Matthews, Peyton, Ross, Se-
vier, and Williams—8.
So said bill, as amended, was passed upon its third and last reading
in the Senate, and was ordered to be transmitted to the Hoiwe of Re-
presentatives.
Ordered, that the clerk acquaint the House of Representatives with
the amendments made by the Senate to said bill, and ask a concurrence
'therein.
The Senate, on motion of mr. Peyton, took up and considered a
resolution by him submitted to the Senate on the 25th instant, declar-
ing amongst other things, that a prompt payment and fulfilment of
the debts and engagements of the State was a paramount duty.
Which being read, mr. Warner offered the following in lieu of said
preamble and resolutions, to-wit:
Resolved by the General Assembly of the State, of Tennessee,
That this General Assembly expressly condemns the policy of creating
State debts, and considers the debt already created in this State for
raising banking capital and promoting works of internal improvement,
as being already too large; and that, any increase of the same would
be contrary to the true interests of the State as leading to increased
taxation, for payment of the same, and that the same ought not to be
increased without the direct approbation of the people, and that any
attempt on the part of this, or any subsequent General Assembly, to
increase the same without such approbation by express instructions
would be a violation of their rights and contrary to the principles of
republican government.
Resolved, That this General Assembly holds the principles that the
public faith as already pledged for the payment of the public debt
ought to be held inviolate.
Resolved, That the Governor be requested to transmit copies of the
foregoing resolutions to the President of the United States, to the Gov-
ernors of the several States and Territories, and to each member of
Congress from this State.
Which being read, when mr. Ashe moved to amend the amendment
proposed by mr. Warner, by inserting therein after the words, "ought
not to be increased," the following words, to-wit: " beyond a sum
that may be necessary to ensure to each of the three grand divisions
of this State an equal participation in the benefits derived from the
creation of said debt.
Which being read, when mr. Ashe withdrew said amendment.
Mr. Maclin moved to amend the original resolution by striking out
the first resolution after the words "obligations and engagements,"
the words "in good faith," and to insert in lieu thereof, the words,
" created in accordance with the constitution and laws of the State."
3fi\ Foster moved to amend the amendment proposed by mr. Mac-
li.li by striking out the word "constitution."
And the question thereupon being had was determined in the nega-
tive—ayes 12, nays 13.
The ayes and nays being demanded,
The affirmative voters were:
THE SENATE.
607
Messrs. Ashe, Bradbury, Foster, Frey, Jennings, Ledbetter, Mil-
ler, Motley, Nelson, Peyton, Reneau, and Sevier—12.
The negative voters were:
Messrs. Gardner, Johnson, Laughlin, Maclin, Martin, Matthews,
Powell, Ross, Warner, Williams and mr. Speaker Turney—13.
The question then recurred upon the adoption of the amendment
proposed by mr. Maclin, which being had was determined in the neg--
ative—ayes 12, nays 13.
The ayes and noes being demanded,
The affirmative voters were:
Messrs. Gardner, Hardwicke, Johnson, Laughlin, Maclin, Martin,.
Matthews, Powell, Ross, Warner, Waterhouse, and mr. Speaker Tur-
ney—12.
The negative voters were:
Messrs. Ashe, Bradbury, Foster, Frey, Jennings, Ledbetter, Miller,.
Motley, Nelson, Peyion, Reneau, Sevier, and Williams—13. .
So said amendment was rejected.
Mr. Ross then moved to amend said resolutions, by striking 'out the
preamble thereto, and the question thereupon being had, was determined
in the affirmative—ayes 13, noes 12..
The ayes and noes being demanded,
The affirmative voters were :
Messrs. Gardner, Hardwicke, Johnson, Laughlin, Maclin, Martin, Mat-
thews, Miller, Powell, Ross, Warner, Waterhouse and mr. Speaker Tur-
ney—13.
The negative voters were :
Messrs. Ashe, Bradbury, Foster, Frey, Jennings, Ledbetter-, Motley,
Nelson, Peyton, Reneau, Sevier and Williams—12.
So said amendment was adopted.
Mr. Ross moved to amend the first resolution by inserting therein after
the words, u obligations and engagements," the word "created,"
Which being read, and the sense of the Senate thereon bad, said amend-
ment was adopted.
The question then recurred upon the adoption of the amendment offer-
ed by mr, Warner, in lieu of the original resolution, when
Mr. Powell moved to lay said amendment on the table, and the ques-
tion thereupon being had, was determined in the affirmative—ayes 17,
noes 8.
The ayes and nays being demanded,
The affirmative voters.were :
Messrs. Ashe, Bradbury, Foster, Frey, Gardner, Jennings, Johnson,
Ledbetter, Maclin, Miller, Motley, Nelson, Peyton, Powell, Reneau, Se-
vierand Williams—17.
The negative voters were :
Messrs. Hardwicke,Laughlin, Martin, Matthews, Ross, Warner, Wa-
terhouse and mr. Speaker Turney—8.
So said motion to lay said amendment on the table prevailed.
The question then recurred upon the adoption of the resolutions as
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JOURNAL OF
amended, which being had, was determined in the affirmative—aye? 16,
noes 0.
The ayes and noes being demanded,
The affirmative voters were :
Messrs. Ashe, Bradbury, Foster, Frey, Gardner, Jennings, Ledbetter,
Stiller, Motley, Nelson, Peyton, Powell, Reneau, Sevier, Williams and
•mir. Speaker Turney—16.
The negative voters were :
Messrs. Hardwicke, Johnson, Laughlin, Maclin, Matthews, Ross, War-
werand Waterhouse—9.
So said resolutions as amended were adopted.
Ordered that said resolutions be engrossed and transmitted to the
House of Representatives, and that the clerk announce their adoption by
the Senate, and ask a con-currence therein.
On motion of mr. Hardwicke,
The Senate adjourned until 2 o'clock, p. m.
EVENING SESSION.
Mr. Peyton returned a bill for the relief ol the citizens of this State
by him withdrawn for amendment, with the following amendment, to
wit: insert in the 6th line of the 1st section after the words "judgment
or decree," the following, u on contracts hereafter entered into,"
Which being read, and the sense of the Senate thereon had, said amend-
ment was adopted.
Mr. Johnson moved to amend the caption of said bill by inserting
the following in lieu of the original, to-wit:
A bill to induce the people to go in debt, and to violate that provis-
16n of the constitution of the United States which prohibits any thing
from being made a tender in payment of debts except gold and silver.
Which being read, and the question upon the adoption of said
amendment being had, was determined in the negative—ayes 4, noes
19.
The ayes and noes being demanded,
The affirmative voters were:
A/essrs. Johnson, Nelson, Sevier and Williams—4.
The negative voters were:
A/essrs. Ashe, Bradbury, Foster, Frey, Gardner, Hardwicke, Jen-
nings, Led better, Aiaclin, Matthews, Miller, A/otley, Peyton, Powell,
Reneau, Ross, Warner, Waterhouse and mr. Speaker Turney—19.
So said amendment was rejected.
Mr. Ledbetter moved to strike o-ut the caption of said bill, and insert
in lieu thereof the following, to-wit:
A bill to compel plaintiffs to take bank notes in payment of all con-
tracts hereafter made, or stay executions twelve months; wheil
Mr. Williams moved that said bill and amendments be laid on the
table until the first day of August next, and the question thereupon
being had, was determined in the affirmative—ayes 15, noes 9.
The ayes and noes being demanded,
THE SENATE.
609
The affirmative voters were:
Messrs. Foster, Frey, Gardner, Jennings, Johnson, Ledbetter, Mil-
ler, .Motley, Nelson, Peyton, Powell, Reneau, Ross, Sevier and Wil-
liams— 15.
The negative voters were:
Messrs. Ashe, Bradbury, Hardwicke, Laughlin, Maclin, J/atthews,
Warner, Waterhouse and mr. Speaker Turney—9.
So said bill and amendments offered thereto was laid on the table
until the first day of- August next.
The Senate, on motion of mr. Motley, took up and considered a bill
from the House of Representatives to extend the limits of the corpo-
ration of the town of Lebanon, in Wilson county.
Which bill was read a third and last time, and the question, Shall
said bill pass? was had and determined in the affirmative.
So said bill was passed upon its third dnd last reading in the Senate,
and was ordered to be transmitted to the House of Representatives
for enrollment.
Mr. Hardwicke submitted the following:
Resolved, That the thanks of the Senate be tendered to the Hon.
Samuel Turney, Speaker, for the able, disinterested and impartial
manner in which he has discharged the duties of the chair during the
present session.
Which being read, said resolution was laid on the table.
The Senate took up and considered a bill to suppress usury.
Which bill was read a second time and passed.
Mr. Peyton asked and obtained leave to withdraw said bill for
amendment.
• Jl/r. Williams returned a bill from the House of Representatives to
prevent and suppress the issuing and circulating bills or tickets of any
size or denomination whatever, by 1dm 'withdrawn for amendment,
with the following amendment, which mr. Williams offered in lieu of
the original bill, as follows:
Sec. 1. Be it enacted by the General Assembly of the State of
Tennessee, That after the first day of March next, if any person or
persons, association, firm, co-partnership or corporation, either by
themselves, agent or clerk, shall issue any change bills, tickets of in-
struments, of any amount or denomination whatever, whether the
same be greater or less than one dollar, to be issued or passed as mo-
ney,or in lieu of money, or to supply the place of change,or to bo passed
or circulated as currency or money by delivery or endorsement, or oth-
erwise, other than the notes, bills or other authorised issues of the
chartered banks of Tennessee, such person or persons shall be liable
to indictment or presentment, and on conviction, shall be fined in a
sum not less than three thousand dollars, and imprisoned not less than
six months, nor more than two years.
Sec. 2. Be it enacted, That if any person or persons, firm, bo-part-
nership or corporation, either by themselves, agents or clerks, shall,
after having received or taken in any of the bills, tickets or Other in-
struments hu°.Lfore issued by them, shall again pay them out, pass or
put them in circulation, such person or persons shall be considered
'11
610
JOURNAL OF
guilty of issuing said bills, tickets or other instruments, and shall be
liable and punishable as under the first section of this act; which be-
ing read, and the sense of the Senate thereon had, said amendment
was adopted.
And said bill, as amended, was read a second time and passed.
The Senate took up and considered a message from the House of
Representatives transmitting a resolution adopted by the House, di-
rectory to the Secretary of State for the State of Tennessee, in reia-
tion to the adjudication of certain land warrants, and asking the con-
currence of the Senate therein.
Which being read, and the question upon a concurrence in said re-
solution adopted by the House of Representatives being had, wa3 de-
termined in the negative—ayes 4, noes 19.
The ayes and nays being demanded,
The affirmative yoters were:
Messrs. Laughlin, Peyton, Reneau and Ross—4.
The negative voters were:
Messrs. Ashe, Bradbury, Frey, Gardner, Jennings, Johnson, Maclm,
Matthews, Miller, Motley, Nelson, Powell, Sevier, Warner, Water-
house, Williams and mr. Speaker Turney—rl9.
So the Senate non-concur therein.
Oidered that the clmk acquaint the House of Representatives there-
with.
Mr. Waterhouse submitted the following:
Resolved by the General Assembly of the State of Tennessee, That the
Supeiintendant of Public Instruction, be and he is hereby authorised to
keep his books, ami papers, and hold his office in the Senate chamber,
ironr the time of the adjournment of this session of the General Assembly
until the commencement of the next session of the same, provided he
keeps said chamber and furniture in good repair and condition, during the
recess.
Which being read, was laid on the table.
The Senate took up and consideied a bill from the House of Rppre-
sentatives to amend the second section of an act, entitled an act, to incor-
porale the Claiksville Maiine and fire Insurance and life and Tiust Com-
pany, passed 15th January, 1S40.
X\ bich bill was read a third time, when mr. Ross mo\ed to amend
said bill by adding theieto the following :
Provided, any future Legislature sha'l have full power to alter, amend
or reptal said charter, when in their opinion the public good requires the
same,
Which being read, and the question upon the adoption of said amend-
ment being had, was determined in the negative—ayts S, noes 13.'
The ayes and noes being demanded,
The affirmative voters were :
Messrs. Gardner, Hardwicke, Laughlin, waclin, Matthews, Ross,
Warner and Waterhouse—8,
The negative voters were :
Messrs. Ashe, Bradbury, Foster, Frey, Jennings, Ledbettef, Miller,
THE SENATE.
611
Nelson, Peyton, Reneati, Sevier, Williams and mr. Speaker Tumey—
13.
So said amendment was rejected.
The question then recurred upon the passage of said bill, which being
had, was determined in the affirmative.
So said bill was passed upon its third and last reading i.n the Senate,
and was ordered to be transmitted to the House of Representatives for
enrollment.
The Senate took up and considered a bill, to provide for but two in-
stead of three annual terms of the Circuit court, in each of the counties
west of the Tennessee river, and to fix the time of holding the same,
Which bill was read a third time, when
Mr. Gardner moved to amend said bill by striking out all the amend-
nients made thereto, in relation to the holding the Circuit courts in East
Tennessee and Middle Tennessee.
And the question upon the adoption of said amendment being had, was
determined in the affirmative—ayes 18, noes 6.
The ates and noes being demanded,
The affirmative voters were:
Messrs. Bradbury,Frey, Gardner, Hardwicke, Jennings, Johnson, Led-
better, Maclin, Matthews, Miller, Motley, Nelson, Peyton, Powell, Ren-
eau, Sevier, Wateihouse and mr. Speaker Turney—18.
The negative voters were :
Messrs. Ashe, Laughlin, Martin, Ross, Warner and Williams—6.
So said amendment was adopted.
The question then recurred upon the, passage of said hill, which being
had, was determined in the affirmative—ayes 13, noes 7.
The ayes and noes being demanded,
The affirmative voters were :
Messrs. Ashe, Bradbury, Gardner, Jennings, Laughlin, Maclin, Miller,
Motley, Nelson, Reneau, Sevier, Wateihouse and mr. Speaker Turney
— lu.
The negative voters were:
Messrs. Frev, Martin, Matthews, Peyton, Ros?, Warner and Williams
—7.
So said hill was passed upon its third and last reading in the Senate,
was ordered to be engrossed and transmitted to the House of Representa-
tives.
The Senate took up and considered a bill concerning the seat of Gov-
ernment.
Which hill was read a second time and passed.
The Senate took up and considered a bill from the House of Reprc-
sentatives, to require the Trustees of the Trenton Male Academy, to pay
over one half of the. Academy funds now accrued and unexpended, and
also one half of said funds hereafter to accrue to the Trustees of the Tren«
ton Female Academy.
Which bill was read a third and last time, and the question, shall said
bill pass, was had, and determined in the affirmative.
So said bill was passed upon its third and last reading in the Senate
612
JOURNAL OF
and was ordered to be transmitted to the House of Representatives for
enrollment.
The Senate on motion of mr. Nelson, took up and considered a bill for
the benefit of the Hiwassee Railroad Company, and to incorporate the
Central Turnpike Company, and the Turnpike Company in East Ten-
nes&ee.
Which bill was read a third and last time, and the question upon the
passage of said bill being had, was determined in the negative—ayes 3,
noes 22.
The ayes and noes being demanded,
The affirmative voters were :
Messrs. Miller, Nelson and Williams—3.
The negative voters were:
Messrs. Ashe, Bradbury, Foster, Frey, Gardner, Hardvvicke, Jennings,
Johnson. Laughlin, Ledbetter, Maclin, Martin, Matthews, Motley, Peyton,
Powell, Reneau, Ross, Sevier, Warner, Waterhouse and mr. Speaker
Turney—22.
So said bill was rejected upon its third and last reading in the Senate.
The Senate took up and considered a bill from the House of Repre-
sentatives to consolidate the Surveyor's and entry taker's offices of Giles
county, and for other purposes.
Which bill as amended.was read a third time, when
Mr. Martin moved to amend said bill by adding thereto the following,
to constitute the 3d and 4th sections of said bill, to wit :
Sec. 3. Be it enacted, That the Entry taker's office for that part of
Maury county, lying South and West of the Congressional reservation
line, is hereby attached to, and united with the Surveyor's office of said
county, that the Surveyor thereof is authorised to receive all the fees, be
allowed all the privileges, and perform all the duties, which are by law
allowed to and required of Entry takers and Surveyors South and West
of said line.
Sec. 4. Be it enacted, That it shall be lawful for said Surveyor's of-
lice to be kept at Mount Pleasant in said county, or such other place
within the aforesaid part of said county, as the incumbent may think most
convenient, and that he be allowed to appoint deputies to discharge the
duties of the office if necessary,
Which being read, and the sense of the Senate thereon had, said amend-
ment was adopted.
And said bill as amended was read a third and last time, and the ques-
tion upon the passage of said bill being had, was determined in the affirm-
ative.
So said bill as amended, was passed upon its third and last reading in
the Senate, and was ordered to be transmitted to the House of Represen-
lalives.
Ordered that the clerk acquaint the House of Representatives with the
amendments made by the Senate to said bill, and ask a concurrence there-
in.
The Senate took up and considered a bill from the House of Repre-
sentatives for the relief of Abithel Wallace, Sheriff of Stewart county.
THE SENATE.
613
Which bill was read a third and last time, and the question up-
011 the passage of said bill 'was had and determined in the af-
Urinative—ayes 14, nays 7.
The ayes and noes being demanded,
The affirmative voters were:
Messrs. Bradbury, Foster, Hard'wicke, Johnson, Laughlin, Ledbet-
ter, Maclin, Motley, Peyton, Powell, Reneau, Warner, Williams and
mr. Speaker Turney—14.
The negative voters were:
Messrs. Frey, Matthews, Miller, Nelson, Ross, Sevier, and Water-
house—7.
. So said bill passed upon its third and last reading in the Senate, and
was ordered to be transmitted to the House of Representatives for en-
rollment.
The Senate took up and considered a bill from the House of Repre-
sentatives to restore John Wilson, of Blount county, to the privileges
of citizenship.
Which bill as amended was read a third and last time, and the ques-
tion upon the passage of said bill being had vyas determined in the af-
firmative.
So said bill as amended was passed upon its third and last reading
in the Senate, and was ordered to be transmitted to the House of Rep-
resentatives.
Ordered that the clerk acquaint the House of Representatives with
the Senate's amendment to said bill and ask a concurrence therein.
The Senate took up and considered a bill to appropriate the State
tax of Hardin county for two years to county purposes.
Which bill was read a third and last time, when
Mr. Johnson moved to amend said bill by inserting therein after the
words " Hardin county" the words "Washington county."
Mr. Williams moved to insert "Mulberry county," when establish-
ed.
Mr. Sevier moved to amend said bill by inserting the counties of
•"Carroll, Gibson and Dyer."
Which being read, and said amendments severally considered, -said
amendments were rejected.
And the question recurring upon the passage of said bill was had
and determined in the affirmative—ayes 16, nays 7.
The ayes and noes being demanded,
The affirmative voters were :
Messrs. Bradbury, Foster, Gardner, Hardwicke, Jennings, John-
son, Laughlin, Led better, Maclin, Martin, Matthews, Miller, Peyton,
Reneau, Waterhouse and mr. Speaker Turney—16.
The negative voters were :
Messrs. Frey, Motley, Nelson, Ross, Sevier, Warner, and Williams
—7.
So said bill was passed upon its third and last reading in the Senate,
was ordered to be engrossed and transmitted to the House of Reprq-
sentatives.
614
JOURNAL OF
The Senate took up and considered a bill for the relief of Hum-
phries and Benton counties.
Which bill was read a third and last time, and the question upon
the passage of said bill was had and determined' in the affirmative—
ayes 11, nays 10.
The ayes and noes being demanded,
The affirmative voters were:
Messrs. Bradbury, Gardner, Hardwicke, Jennings, Johnson, LaugK
lin, Ledbetter, Maclin, Peyton, Waterhouse andmr. Speaker Turney
—11.
The negative voters were :
Messrs. Ashe, Frey, Martin, Matthews, Motley, Nelson, Ross, Se-
vier, Warner and Williams—10
So said bill was passed upon its third and last reading, and was or-
dercd to be engrossed and transmitted to the House of Representa-
tives.
The Senate took up and considered a bill for the-relief of Carroll
county, and for other purposes.
Which bill was read a second time, and the question upon the pas-
sage of said bill being had was determined in the negative—ayes 10,
nays 14.
The ayes and noes being demanded,
The affirmative voters were:
Messrs. Ashe, Jennings, Johnson, Laughlin, Maclin, Martin, Peyton,
Powell, Sevier, and Waterhouse—10.
The negative voters were :
Messrs. Bradbury, Frey, Gardner, Hardwicke, Ledbetter, Matthews,
Miller, Motley, Nelson, Reneau, Ross, Warner, Williams and mr.
Speaker Turney—14.
So said bill was rejected upon its second reading in the Senate.
The Senate took up and .considered a bill for the relief of Cannon
county.
Which bill being read a second time, when mr. 'Sevier moved to
amend said bill by inserting therein " the counties of Gibson, Carroll
and Dyer."
Mi. il/artin moved further to amend said bill by inserting therein
44 all the counties in the State."
Which being read and considered by the Senate said amendments
were adopted.
And said bill as amended was read a second time, and the question
upon the passage of said bill was had and determined in the negative
—ayes 5, nays 19.
The ayes and noes being demanded,
The affirmative voters were :
Messrs. Johnson, Laughlin, Ledbetter, Maclin, and Warner—5.
The negative voters were;
Messrs. Ashe, Bradbury, Foster, Frey, Gardner, Jennings, Martin,
Matthews, Miller, Motley, Nelson, Peyton, Powell, Reneau, Ross.
Sevier, Waterhouse, Williams andmr. Speaker Turney—i9.
So said bill was rejected upon its second reading in the Senate.
TIIE SENATE.
615
The Senate took up and considered a bill to encourage the culture
of silk in the State of Tennessee.
Which bill was read a third time, when mr. Laughlin moved to
amend said bill, by adding to the end of the first section the following,
to-wit:
Provided That no one person, family or firm, shall receive.more
than twenty dollars in bounties in any one year under this act.
Which being read and considered, said amendment was adopted.
And sail bill as amended was read a third and last time, and the
question upon the passage of said bill was had and determined in the
affirmative—ayes 15, nays 10.
The ayes and nays being demanded,
The affirmative voters were:
Messrs. Ashe, Bradbury, Foster, Fr'ey, Gardner, Jennings, Laugh-
lin, Maclin, Miller, Motley, Nelson, Peyton, Powell, Reueau, and mr.
Speaker Turney—15.
The negative voters yere:
Messrs. Hardwicke, Johnson, Ledbetter, Martin, Matthews, Ross, Se-
vier, Waruer, Waterhouse and Williams—10.
So said bill as amended was passed upon its third and last read-
mg in the Senate, and was ordered to be engrossed and transmitted to
the House of Representatives.
The Senate took up and considered a bill to amend an act entitled
an act to prescribe certain duties to be performed by the clerks of the
several courts in this State, and for other purposes.
Which bill was read a third and last time, and the question upon
the passigo of said bill being had, was determined in the affirmative
—ayes 20, nays 3.
The ayes and noes being demanded,
The affirmative voters were :
Messrs. Ashe, Bradbury, Foster, Frey, Gardner, Jennings, Johuson,
Laughlin, Maclin, Miller, Nelson, Peyrori, Powell, Reneau, Ross,
Sevier, Warner, Waterhouse, Williams aud mr. Speaker Turney—20,
The negative voters were:
Messrs. Martin, Matthews, and Motley—3.
So said bill was passed upon its third and last reading in the Senate,
was ordered to be engrossed and transmitted to the House of Rep re-
' sentatives.
The Senate took up and considered a bill for the relief of Somerville
College.
Which bill was read a third and last time, and the question upon the
passage of said bill was had and determined in the negative—ayes
10, nays 14.
The ayes and nays being demanded,
The affirmative voters were :
Messrs. Ashe, Bradbury,' Gardner, Jennings, Johnson, Maclin,
Peyton, Powell, Waterhouse and mr. Speaker Turney—10.
The negative voters were :
.Messrs. Foster, Frey, Laughlin, Ledbetter, Martin, Matthews,
. Miller, Motley, Nelson, Reneau, Ross, Sevier, Warner, and Williams-
——14.
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JOURNAL OF
So said bill was rejected upon its third and last reading in the Sen-
ate.
Mr. Martin moved a re-co.nsideration of the vote of the Senate re-
jecting, upon its third and last reading, a bill for the relief of Somer-
ville College; and the question thereupon being had, was determined
in the affirmative—ayes 16, noes 8.
The ayes and noes being demanded,
The affirmative voters were :
Messrs. Ashe, Bradbury, Foster, Frey, Gardner, Jennings, Laugh-
lin, A/aclin, il/iller, il/otley, Nelson, Peyton, Powell, Reneau, Sevier
and tar. Speaker Turney—16.
The negative voters were :
Jl/essrs. Johnson, Ledbetter, Jl/artin, il/atthews, Ross, Warner, Wa-
terhouse aud Williams—8.
So said motion to re-consider said bill prevailed.
The Senate took up and considered a bill for the relief of Somer-
ville College ; which bill was read a third timej when
Jl/r. Martin moved to amend said bill by striking out of the same,
wheresoever the same occurs in said bid, the words "two thousand
and five hundred," and to insert, in lieu thereof the words "one thou-
sandwhich being read and considered, said amendment was
adopted.
And said bill, as amended, was read a third and last time, and the
question upon the passage of said bill vvasffiad and determined in the
affirmative—ayes 15, noes 10.
The ayes and noes being demanded,
The affirmative voters were:
Messrs. Ashe, Bradbury, Gardner, Jennings, Johnson, Laughlin,
Maclin, Martin, Miller, Peyton, Powell, Ross, Waterhouse, Williams
and mr. Speaker Turney—15.
The negative voters were:
iliessrs. Foster, Frey, Ilnrdwicke, Ledbetter, Matthews, .Motley,
Nelson, Reneau, Sevier and Warner—10.
So said bill, as amended, was passed upon its third and last reading
in the Senate, and was ordered to be engrossed and transmitted to the
House of Representatives.
The Senate, on motion of mr. Waterhouse, took up and considered
a bill to establish a branch of the Bank of Tennessee at Chattanooga,
ki the county of Hamilton.
Which bill was read a third and last time, and the question upon
the passage of sail bill was had and determined in the negative—ayes
10, noes 13.
The ayes and noes being demanded,
The affirmative voters were : ^
Messrs. Bradbury, Gardner, Hardwicke, Jennings, Laughlin, .Mac-
lin, Reneau, Warner, Waterhouse and mr. Speaker Turney—10.
The negative voters were :
Messrs. Ashe, Foster, Frey, Ledbetter, Martin, Matthews, Miller,
.Motley, Nelson, Peyton, Ross, Sevier and Williams—13.
THE SENATE.
817
So said bill was rejected upon its third and last reading in the Se-
nate.
The Senate took up and considered a bill to regulate banking cor-
porations in this State, and to define the jurisdiction of courts of chan-
eery in relation to the same; which beiug read a second time,
Mr. Nelson moved to lay said bill on the table, and the question
thereupon being had, was determined in the affirmative—ayes 14,
noes 11.
The ayes and nays being demanded,
The affirmative voters were :
Messrs. Ashe, Bradbury, Foster, Frey, Jennings, Miller, Motley,
Nelson, Peyton, Reneau, Sevier, Waterhouse and mr. Speaker Turney
-14.
The negative voters were :
Messrs. Gardner, Hardwicke, Johnson, Laughlin,Ledbetter, Maclin,
Martin, Matthews, Powell, Ross and Warner—11.
So said bill was laid on the table.
The Senate took up and considered a bill from the House of Repre-
sentatives giving further time to former sheriffs to collect arrearages of
taxes; which bill being read,
Mr. Hardwicke moved to amend said bill by adding therero the fol-
lowing: "Provided, uo former sheriff shall be authorised to enforce
the payment of any taxes under the provisions of this act, without
first making oath before some acting justice of the peace for the eoun-
ty, that the amount claimed is due and unpaid, and^ that said former
sheriff has paid and accounted for the same to the State Treasurer and
county Trustee iu .their annual settlements; which being read and con-
sidered by the Senate, said amendment was adpted.
And said bill, as amended, was read a secoud time and passed.
A message from the House of Representatives, by mr. Mitchell their
clerk:
Mr. Speaker : The House of Representatives have taken up and
considered the amendments of the Senate made to the resolution of the
House, proposing that the Senate meet the House in their Hall on
Tuesday, the 1st of February next; and the House of Representa-.
fives concur in the amendment made by the Senate. And then he
withdrew.
J\h. Warner returned a resolution requiring the banks of Tennessee
to resume specie payments, &c., by him withdrawn for amendment,
' without amendment; which being read,
Mr. Johnson offered the following resolutions in lieu thereof, to-wit .*•
Resolved, by the General Assembly of the State of Tennessee,
That it is the opinion of.this Legislature, that the charter of the cor-
poration of the President, Directors and Company of the Union Bank
of the State of Tennessee, passed October 18, 1832, and also the char-
tor of the corporation of the Planters' Bank of Tennessee, passed
November 15, 1833, and also the charter of the corporation of the
President, Directors and Company of the Fanners' and Merchants'
Bank of Memphis, passed November 27, 1833, and their respective
618
JOURNAL OF
branches, have each been violated by their respective boards of Di-
rectors, and that the said charters have been forfeited.
Resolved, That the Attorney General of the State of Tennessee be,
and he is hereby directed to apply forthwith to the judges of the Su-
preme court of the State of Tennessee, calling upon the President,
Directors and Company of the Union Bank of the State of Tennes-
see, and the President, Directors, and Company of the Planters' Dank
of Tennessee, to show cause why their respective charters shall not be
declared forfeited, and that the judges of the Supreme court shall d -
rect a scire facias to issue in the name of the State of Tennessee,
calling upon said corporations to show cause why their charters shall
not be declared forfeited; and said writ or writs of scire facias shall
specify with precision the nature of the complaint, and the grounds
upon which the forfeiture is claimed.
Resolved, That the Attorney General of the 11th solicitorial district
of the Stare of Tennessee be, and he is hereby directed to apply to the
judge of the Circuit court of Shelby county for a writ of scire facias
at tbje first term of said court after the adoption of this resolution; and
it shall he the duty of said judge to direct a scire facias to issue from
the said court, in the name of the State of Tennessee, calling upon the
said corporation of the Farmers' and Merchants' Bank of Memphis
to show cause why their charter shall not be declared forfeited; and
the said writ of scire facias shall specify with precision the nature of
the complaint, and grounds upon which the forfeiture is claimed.
Resolved, That, the Attorneys General aforesaid are hereby directed
to stay said proceedings against said corporations respectively: Pro-
vided, the said President, Directors and Company of the said corpora-
tion shall bona fide resume the payment of specie for their respective
liabilities according to their said charters, on or before the first day of
July, in the year 1842 ; but if the. siid corporate authorities, or either
of them, shall fail or refuse to resume specie payments 011 or before
the said first day of July, 1842, then the said proceedings shall be
prosecuted against the corporations so refusing without delay to final
judgment, unlessotherwi.se directed by the Legislature of this State.
Resolved, That the Bank of Tennessee and its branches are hereby
directed to resume the payment of specie for their respective liabili-
ties, according to their said charters,, whenever the said Union Bank
of the State of Tennessee, the Planter's Bank of Tennessee, or either
of them^ and the Farmers and Merchants Bank of Memphis shall re-
sume specie payments and continue the same in good faith so long as
said stock banks shall continue to do so.
Which being read, mr. Foster moved to strike out of the 4thresolu-
tion, wheresoever the same occurs, the words " 1st July, 1842," and
insert in lieu thereof " 1st January, 1S43."
And the question upon the adoption of said amendment being had
was determined in the affirmative—ayes 13, nays 11.
The ayes and noes being demanded,
The affirmative voters were :
Messrs. Bradbury, Foster, Frey, Jennings, Ledbetter, Martin, Mil-
THE SENATE.
619
ler, Motley, Nelson, Peyton, Reneau, Sevier, and mr. Speaker Tur-
ney—13.
The negative voters were:
Messrs. Ashe, Gardner, Hardvvicke, Johnson, Laughlin, Maclin,
Matthews, Powell, Ross, Warner and VViUiams—11.
So said amendment was adopted.
Mr. Foster moved to amend the 4th resolution by inserting therein
liter the* words " 1843 " the following: "But if the Banks of Ken-
lucky and Louisiana shall resume specie payments before the 1st day
of January, 1843, then the several Banks of this State* shall resume
within twenty days from the time of resumption by the Banks of Ken-
tucky and Louisiana."
Which being read, and the question upon the adoption of said
amendment being had was determined in the affirmative.
So said amendment was adopted.
Mr. Foster moved to amend said resolutions by striking out the first
resolution.
And the question thereupon being had was determined in the af-
firmative.—ayes 14, nays 10.
The ayes and nays being demanded,
The affirmative voters were :
Messrs. Ashe, Bradbury, Foster, Frey, Jennings, Ledbetter, Martin,
Miller, Motley, Nelson, Peyton, Reneau, Sevier, and mr. Speaker
Turney—14.
The negative voters were:
Messrs. Gardner, Hardwicke, Johnson Laughlin, Maclin, Matthews,
Powell, Ross, Warner and Williams—10.
So said amendment was adopted.
Mr. Foster moved to amend the second resolution by striking out
the word "forthwith," and the question thereupon being had was de-
termined in the affirmative—ayes 14, nays 11.
The ayes and noes being demanded,
The affirmative voters were :
Messrs. Ashe, Bradbury, Foster, Frey, Jennings, Ledbetter, Martin,
Miller, Motley, Nelson, Peyton, Reneau,. Sevier, and mr. Speaker Tur-
fiey—-14.
The negative voters were :
Messrs. Gardner, Hardwicke, Johnson, Laughlin, Maclin, Matthews,
Powell, Ross, Warner, Waterhouse, and Williams—11.
So said amendment was adopted.
Mr. Foster moved further to amend the 2nd resolution after the
■words " Planters Bank of Tennessee," to insert the following "if they
shall not resume specie, payments as hereinafter directed and ordered,
as it is the opihion of this General Assembly such failure or refusal to
resume specie payments by said corporations or either of them will be
a violation of their,respective charters, and that the same will be for-
feited."
Which being read and considered by the Senate said amendment
was adopted.
The question then recurred upon the adoption of the resolutions as
JOURNAL OF
amended, in lieu of the resolutions proposed by mr. Warner—and the
question thereupon being had was determined in the affirmative.
So«the resolutions proposed by mr. Johnson as amended were
adopted in lieu of the resolutions offered by mr. Warner.
Mr. Peyton moved that the Senate adjourn until 6 o'clock p. m. this,
evening.
Mi\ Hard wicke moved that the Senate adjourn until 9 o'clock on
to-morrow morning.
And the question thereupon being had was determined in the nega-
tive—ayes 11, nays 13.
The ayes and nays being derhanded,
The affirmative voters were:
Messrs. Bradbury, Gardner, Hard wicke, Johnson, Laughlin,ii/aclinr
JUatthews, Powell, Ross, Warner and mr. Speaker Turney—11.
The negative voters were:
Messrs. Ashe, Foster, Frey, Jennings, Martin, Miller, Motley, Nel-
son, Peyton, Reneau, Sevier, Waterhouse and Williams—13.
So said motion to adjourn was rejected.
The question then recurred upon the adoption of said resolutions
as amended, which being had was determined in the affirmative—ayes
16, nays 8.
The ayes and nays being demanded,
The affirmative voters were:
Messrs. Ashe, Foster, Gardner, Hardwicke, Johnson, Laughlin,
Ledbetter, Maclin, il/artin, Matthews, Motley, Ross, Warner, Water-
house, Williams and mr. Speaker Turney—16.
The negative voters were :
Messrs. Bradbury, Frey, Jennings, JUiller, Nelson, Peyton, Reneau?
and Sevier—8.
So said resolutions as amended were adopted.
Ordered that said amended resolutions be engrossed and transmitted
to the House of Representatives—that the clerk announce to the
House of Representatives the adoption of said amended resolutions
and ask a concurrence therein.
On motion of mr. Hardwicke,
The Senate adjourned until to-morrow morning 9 o'clock.
THURSDAY, FEB. 1, 1842.
A message from the House of Representatives by mr. Mitchell their
clerk:
Mr. Speaker : The House of Representatives have taken up and
passed upon their third and last reading the following entitled bills, to-
wit:
A bill to amend an act, entitled an act, to distribute one hundred thon-
sand dollars among the several counties of Middle Tennessee, and for
other purposes.
A bill to amend an act, entitled an act, to relieve the counties of this
State, from the payment of costs in certain cases, passed January 13th,
1330.
THE SENATE.
621
A bill to amend an act, entitled an act, to prescribe certain duties to be
performed by the clerk of the several courts in this State.
A bill to am^nd the several acts passed heretofore, in relation to the
corporation of the town of Jonesborough.
A bill to amend the charter of the corporation of the town of Nash-
virie.
A bill directory to the Secretary of State to have bound certain pamph-
lets, acts of Congress, and for other purposes.
A bill to restore William Hamilton to the rights of citizenship.
A bill to legalise marriage license in Jefferson county.
The House of Representatives have taken up, read a third time,
amended and passed the Senate's bill to prevent Indictments in certain
cases, which amendment .is herewith transmitted, in which I am directed
to ask the concurrence of the Senate.
The House of Representatives have taken up and read a third and last
time, and passed without amendment the Senate's bill to amend an act, to
regulate the salaries of the officers of the Bank of Tennessee and branch-
es, passed 28th January, 1840, which I am directed to transmit to the
Senate.
The House of Representatives re-cede from their amendment, non-
concurred in by the Senate, to the report of the joint Select committee,
appointed to ascertain the number of Acts and Journals of the present
General Assembly to be printed and distributed, which 1 am directed to
transmit to the Senate.
The House of Representatives have taken up, read a third time, and
passed a bill to incorporate the Southern University at Lebanon, Wilson
county, which I am directed to transmit to the Senate.
And then he withdrew.
Mr. Gardner submitted the following:
Whereas, the soil and climate of Tennessee are peculiarly adapted to
the growth of Tobacco, and her citizens are extensively engaged in the
culture of tobacco, which forms the principal commodity of their exports,
and
Whereas, the course of trade renders the shipment of tobacco pro-
duced in the Mississippi valley, and especially in this State to New Or-
leans, the commercial emporium of the South-west, indispensible to its
exportation or re-shipment to the American markets; and
Whereas, it is believed by this General Assembly from information de-
rived from planters engaged in the culture of this staple, and others fa-
miliar with the tobacco trade in New Orleans, that under the existing
latvs of Louisiana regulating the inspection of this article, and the cus-
toms and rules of commission houses connected with this branch of busi-
ness, abuses are practiced, and Unavoidable and extravagant charges
made, injuriously affecting the rights and interests of such of our citizens
as send their tobacco to New Orleans ; and
Whereas, in this catalogue of abuses, the members of this General As-
sembly, deem it their duty to state that the following are among the
number considered of sufficient importance to deserve a special enumera-
tion—namely:
622
JOURNAL OF
1. The custom of the Inspectors in New Orleans to charge the owner
of the tobacco inspected or Ins agent, forty cents in each Hogshead for
delivering a paste-board scrip, on which is marked in pencil, the class in
which the tobacco has been placed by the Inspector. This is charged as
an abuse unauthorised by the laws of Louisiana, and is said not to have
existed from 1819 to 1835, at which latter period it is alleged it sprung up,
and has since amounted to $8,000 per annum or $48,000, within the last
six years.
2. The charge of 75 cents for cooperage, 25 cents for weighing, and
one dollar for repacking on each hogshead, is believed by this General
Assembly to be too high, and forms a just ground of complaint on the part
of our citizens.
3. The charge by' warehouse-keepers of fifty cents per month on
each hogshead for storage is also complained of as being unreasona-
ble, and as an evidence of the existence of this grievance it is asserted
that commission merchants in New Orleans are rapidly realizing large
fortunes after paying from five to seven thousand dollars per annum
rent for a single warehouse, which they use only about six months in
the year.
4. It is also represented to the General Assembly that small parcels
M tobacco, amounting to from 30 to 50 pounds, are taken from each
hogshead in the process of inspection and not restored to it in rc-pack-
mg, which is often totally lost to the owner, and when accounted for
at all, it is only at one half the price usually paid for the same quality
f tobacco in the market at the time of its subtraction from the hogs-
Leads, other abuses of minor importance to the foregoing are said to
be practiced; and other grievances of a more trivial character are
■barged to exist, which a sense of justice to the tobacco grower of
the valley of the Mississippi demand should be corrected ami redress-
ed by the legislative authority of Louisiana, which alone can afford
lue desired vlief Tor remedy whereof—
1. Rcsvlrea ly the General Assembly of the Slate of Tennessee,
That on beha'f of our constituents, the early and serious attention of
vhe Legislature of the State of Louisiana be, and the same is hereby
earnestly and respectfully invited to the favorable consideration of this
subject on the application of the necessary correction to the abuses
.Mid grievances set forth and complained of in the foregoing pream-
ulo, by the revision and improvement of the tobacco inspection sys-
f mi of said State, and the enactment of a law regulating the charges
of warehouse keepers for the storage of this article.
2. lies iloed, That the Governor of this State be, and he is hereby
instructed to transmit to the Governor of Louisiana, a copy of the
foregoing preamble and resolutions, with a request that the same be
laid before the Legislature of said State as early as practicable.
Which being read, the rule requiring resolutions to lie over one day-
being suspended, said resolutions were adopted.
Ordered that the clerk acquaint the Roueeof Representatives there-
with, and ask a concurrence therein.
TIIE SENATE.
623.
The Senate took up and considered a bill to incorporate the South-
em University at Lebanon, Wilson county, Tennessee.
Which bill was read a first time and passed.
The Senate took up and considered a bill from the House of Rep-
resentatives for the correction of certain mistakes in the entry of lands
in the Ocoee District, and for other purposes.
Which bill was read a third and Jast time, and the question upon
the passage of said bill being had, was determined in the affirmative—
ayes 13, nays 7.
The ayes and noes beiug demanded,
The affirmative voters were :
Messrs. Ashe, Bradbury, Foster, Gardner, Jennings, Martin, Mat-
thews, Miller, Powell, Reneau, Waterhouse, Williams and mr. Speak-
er Turney—13.
The negative voters were :
A/essrs. Frey, Laughlin, Ledbetter, Maclin, Motley, Nelson, and
Warner—7.
So said bill was passed upon its third and last reading in the Sen-
ate, and was ordered to be transmitted to the House of Representa-
tives for enrollment.
The Senate took up and considered a bill from the House of Repre-
sentatives to authorize the refunding of money So sheriffs and tax col-
lectors in certain cases.
Which bill was read a third and last time, and the question upon the
passage of said bill was had, and determined in the affirmative—ayes
15, nays 7.
The ayes and noes being demanded,
The affirmative voters were :
Messrs. Ashe, Bradbury, Foster, Frey, Gardner, Jennings, Johnson,
Laughlin, Ledbetter, Maciin, Matthews, Miller, Peyton, Powell, and
Sevier—7.
The negative voters were :
Messrs. Motley, Nelson, Reneau, Warner, Waterhoqse, Williams,
and mr. Speaker Turney—7.
So said bill was passed upon its third and last reading in the Senate,
and was ordered to be transmitted to the House of Representatives
for enrollment.
The Senate, on motion of mr. Warner, took up and considered a
message from the House of Representatives, transmitting the amend-
meat of the House of Representatives to the Senators bill to prevent
indictments and presentments in certain cases; which being read,
On motion of mr. Ross, said message was laid on the table.
A message from the House of Representatives by mr. Mitchell their
Clerk.
Ma. Speaker: The House of Representatives have taken a recess
preparatory to the going into an election for a judge of the Criminal
court for Davidson county, set apart for this day by a resolution of the
General Assembly. And then he withdrew.
Whereupon, the Senate in like manner took a recess preparatory to
the meeting of the House of Representatives in their Ilali this day in.
«524
JOURNAL OF
'convention, to go into the election of a judge of the Criminal court of
'Davidson county.
The Senate came to order upon the call of the Speaker.
A message from the House of Representatives, by mr. Mitchell, their
v clerk:
Mr. Speaker : The House of Representatives is now ready to re-
•ceive the Senate at their Hall, for the purpose of going into the eiec-
tion set apart for this day. And then he withdrew.
Whereupon, the Speaker and gentlemen of the Senate repaired to
the Hall of the House of Representatives to go into said election set
apart for this day.
Mr. Speaker Turney of the Senate and mr. Speaker Douglass in
the chair of the Speaker of the House of Representatives.
When mr. Speaker Turney directed that the resolution authorising
the convention of both Houses of the General Assembly be read;
which being done,
Mr. Speaker Turney declared that nominations were then in order.
Whereupon, mr. Ashe nominated William K. Turner.
Mr. Laughlin nominated Henry Hollingsworth.
Mr. Burton nominated John W. Perkins.
The Senate then proceeded, viva voce, to elect a judge of the Crim-
inal court for Davidson county.
Senators who voted for mr. Turner were:
Messrs. Ashe, Foster, Frey, Hardwicke, Jennings, Ledbetter, Mot-
ley, Peyton, Reneau, Sevier and Williams—11.
The votes of the House of Representatives cast for mr. Turner as
reported being 29—in all 40.
Senators who voted for mr. Hollingsworth were:
■ Messrs. Gardner, Hardwicke, Johnson, Laughlin, Maclin, Martin,
Matthews, Miller, Powell, Ross, Warner and Waterhouse—11.
The votes of the House of Representatives cast for mr. Hollings-
worth as reported being 28—in all 39.
Senators -who voted for mr. Perkins were:
Messrs. Bradbury, Nelson and mr. Speaker Turney- 3.
The votes of the House of Representatives cast for mr. Perkins as
reported being 15—in all 18.
-Neither of said candidates having a majority of all the votes cast in
said convention, the Speaker of the Senate declared that there was no
election, and the question, Will the convention proceed in said elec-
tion ? being had, was determined in the affirmative.
The convention then proceeded a second time, viva voce, to elect a
judge of the Criminal court for Davidson county.
Senators who voted for mr. Turner were:
.Messrs. Ashe, Foster, Frey, Hardwicke, Jennings, Ledbetter, Mot-
ley, Peyton, Reneau, Sevier and Williams—11.
The votes cast by the House of Representatives for mr. Turner aj
reported being 28—in all 39.
Senators who voted for mr. Hollingsworth were:
Messrs. Gardner, Johnson, Laughlin, Maclin, Martin, Miller, Pott-
ell, Ross, Warner and Waterhouse—10.
THE SENATE.
625
The votes cast by the House of Representatives for mr. Hollings-
worth as reported being 27—in all 37.
Senators who voted for mr. Perkins were:
Messrs. Bradbury, Matthews, Nelson and mr. Speaker Turney—4.
The votes cast by the House of Representatives for mr. Perkins as
reported being 17 —in all 21.
Neither of said candidates having a majority of all the votes cast in
said convention, the Speaker of the Senate declared that there was no
election, and the question, Shall the convention proceed in said elec-
tion ? being had, was determined in the affirmative.
The convention then proceeded a third time, viva voce, to elect a
judge of the Criminal court for Davidson county.
Senators who voted for mr. Turner were: •
Messrs. Ashe, Foster, Frey, Hardwicke, Jennings, Ledbetter, Mot-
ley, Peyton, Reneau, Sevier and Williams—11.
The votes cast by the House of Representatives for mr. Turner as
reported being 28—in all 39.
Senators who voted for mr. Hollingsworth were:
Messrs. Gardner, Johnson, Laughlin, Maclin, JfeTartin, Matthews,
Miller, Powell, Ross, Warner and W?iterhouse—11.
The votes cast by the House of Representatives for mr. Hollings-
worth as reported being 27—in all 3S.
Senators who voted for mr. Perkihs were :
Messrs. Bradbury, Nelson and mr. Speaker Turney—3.
The votes cast by the House of Representatives for mr. Perkins as
reported being 17—in all 20.
Neither of said candidates having a majority of all the votes cast in
said convention, the Speaker of the Senate declared that there was no
election, and the question, Shall the convention proceed in said 1 elec-
tion ? being had, was determined in the affirmative.
The convention then proceeded a fourth time, viva voce, to elect a
judge of the Criminal court for Davidson county.
Senators who voted for mr. Turner were :
Messrs. Ashe, Foster, Frey, Hardwicke, Jennings, Ledbetter, Mot-
ley, Peyton, Reneau, Sevier and Williams—11.
The votes cast by the House of Representatives for mr. Turner as
reported being 29—in all 40.
Senators who voted for mr. Hollingsworth were:
A/essrs. Gardner, Johnson, Laughlin, Maclin, Martin, Matthews,
Miller, Powell, Ross, Warner and Waterhouse—11.
The votes cast by the House of Representatives for mr. Hollings-
worth as reported being 29—in all 40.
Senators who voted for mr. Perkins were:
Messrs. Bradbury, Nelson and mr. Speaker Turney—3.
The votes cast by the House of Representatives for mr. Perkins as
reported being 14—in all 17.
Neither of said candidates having received a majority of all the
votes cast in said convention, the Speaker of the Senate declared that
there was no election, and the question, Shall said convention proceed
in said election ? being had, was determined in the affirmative.
42
626
JOURNAL OF
The convention then proceeded a fifth time, viva voce, to elect a
judge of the Criminal court for Davidson county.
Senators who voted for mr. Turner were :
Messrs. Ashe, Foster, Frey, Plardwicke, Jennings, Ledbetter, Mot-
ley, Peyton* Reneau, Sevier and Williams—ll.
The votes cast by the House of Representatives for mr. Turner as
reported being 34—in all 45.
Senators who voted for mr. Hollingsworth were:
Messrs. Gardner, Johnson, Lauglffin, Maclin, Martin, Matthews,
Miller, Powell, Ross, Warner and Waterhouse—11.
The Votes cast by the House of Representatives for mr. Hollings-
worth as reported being 28—in ail 39.
Senators who voted for mr. Perkins were:
Messrs. Bradbury, Nelson and mr. Speaker Turney—3.
The votes cast by the House of Representatives for mr. Perkins as
reported being 10—in all 13.
Neither of said candidates having received a majority of all the
votes cast in said convention, the Speaker of the Senate declared that
there was no election, and the question, Shall the convention proceed
in said election ? being had, was determined in the affirmative.
The convention then proceeded a Sixth time, viva voce, to elect a
judge of the Criminal court for Davidson county.
Senators who voted for mr. Turner were:
Messrs. Ashe, Foster, Frey, Hardwicke, Jennings, Ledbetter, Mot-
ley, Nelson, Peyton, Reneau, Sevier and Williams—12.
The votes cast by the House of Representatives for mr. Turner as
reported being 33—in all 45.
Senators who voted for mr. Hollingsworth were:
Messrs. Gardner, Johnson, Laughlin, Maclin, Martin, Matthews,
Miller, Powell, Ross, Warner and Waterhouse—1L
The votes cast by the House of Representatives for mr. Hollings-
worth as reported being 29—in all 40.
Senators who voted for mr. Perkins were:
Mr. Bradbury and mr. Speaker Turaey—2.
The votes cast by the House of Representatives for mr. Perkins as
reported being 10—in all 12.
Neither of said candidates having a majority of all the votes cast
in said conventon, the Speaker of the Senate declared that there was
no election, and the question, Shall the convention proceed in said
election ? being had, was determined in the affirmative.
The convention then proceeded a seventh time, viva voce, to elect a
judge of the Criminal court for Davidson county.
Senators who voted for mr. Turner were:
Messrs. Ashe, Bradbury, Foster, Frey, Gardner, Hardwicke, Jen-
nings, Ledbetter, Motley, Nelson, Peyton, Reneau, Sevier and Williams
—14.
The votes cast by the House of Representatives for mr. Turner a3
reported being 39—in all 53.
Senators who voted for mr. Hollingsworth were:
THE SENATE.
627
Messrs. Johnson, Laughlin, Maclin, Martin, Matthews, Miller, Pow-
ell, Ross, Warner and Waterhouse—10.
The votes cast by the House of Representatives for mr. Hollings-
worth as reported being 25—in all 35.
Air. Speaker Turney voted for mr. Perkins.
The votes cast by the Plouse of Representatives for mr. Perkins as
reported being 6—in all 7.
It appearing that William IC. Turner had received 53 votes, being a
majority of all the votes cast in said convention.
Whereupon, the Speaker of the Senate declared that William K.
Turner was duly and constitutionally elected judge of the Criminal
court for the county of Davidson, for the next eight years from this
day.
Whereupon, the convention rose, and mr. Speaker Turney and gen-
tlemen of the Senate returned to their own chamber, and resumed
their session.
The Senate adjourned until 2 o'clock, p. m.
EVENING SESSION.
The Senate, on motion of mr. Warner, took up and considered a
message from the House of Representatives transmitting an amend-
ment made by the House of Representatives to the Senate's bill to pre-
vent indictments and presentments in certain cases, which amendment,
in lieu of the whole bill, being read,
Mr. Warner moved a non-concurrence in said amendment to said
bill; which being considered, the Senate non-concur in the amendment
of the House of Representatives to said bill.
Ordered, that an insisting message be transmitted to the House of
Representatives, and that the House be requested to recede from said
amendment.
Ordered, that the clerk acquaint the House of Representatives with
the non-concurrence of the Senate in the amendment made by the
House to said bill, and request that the House recede from said amend-
ment.
Oh motion of mr. Maclin, the select committee to whom had been
referred a bill to charter the Bank of Fort Pickering, from the further
consideration of said bill be discharged ; which bill being read a se-
cond time,
Air. Alactin moved to amend said bill by inserting the following in
lieu of the 11th article:
Art. 11. The said bank shall not directly or indirectly demand, take
or receive, by way of discount or for interest, a greater sum or sums
than the following rates: that is to say, for all papers discounted by
said bank, six per cent, per annum until the same is due and payable :
Provided, that this article shall not be construed so as to prevent said
bank from demanding and receiving a reasonable premium for ex-
change, in addition to the six per cent, interest upon bills or notes pay-
able at 9 point beyond the limits of this State j which being read and
considered by the Senate, said amendment was adopted.
628
JOURNAL OF
Mr. Jl/aclin moved to amend said bill by striking out the 15th sec-
tion and to insert the following in lieu thereof, to-wit:
Sec. 15. Be it enacted, That in consideration of the privileges grant-
ed by the charter, the bank agrees to pay annually one half of one
per cent on the capital stock paid in, to the State of Tennessee for the
use of common schools, which sums shall from time to time, be added
to the common school fund under the direction of the Legislature.
Which being read, and the sense of the Senate thereon being had,
said amendment was adopted.
Mr. Maclin moved further to amend said bill and offered the follow-
ing to constitute the 16th, 17thand 18thsection, to-wit:
Sec. 16. Be it enacted, That if the said Bank shall at any time fail
or refuse to pay specie for its notes or any of them, in accordance
with the terms expressed in the face thereof for a period of time ex-
ceeding one hundred days, any holder or holders of the notes of said
bank to the amount of dollars, shall have the right to file his, her
or their bill in the chancery court of the district in which said bank
may be located or do business, for the purpose of liquidating the con-
cerns of said Bank, and the court aforesaid shall have jurisdiction:
over said cause and shall have power and are hereby authorised and
required to appoint receivers and do all other acts necessary and pro-
per to a final adjustment of the concerns of the said institution and
shall decree a pro rata distribution amongst all the creditors thereof.
Sec. 17 Be it enacted, That the individual property of each stock-
holder in said institution shall be bound for the payment of all debts
and liabilities thereof, to the amount of stock respectively subscribed
or owned by said stockholders.
Sec. 18. Beit enacted, That in case said bank shall suspend the
payment of specie on its notes or deposits for the time mentioned in
the section of this act and shall then resume the payment of spe-
cie to avail itself of the provisions of said section, that it shall be re-
quired to continue and maintain bona fide the payment of specie after
such resumption and in the event it suspends or refuses to pay spe-
cie for all its notes when presented, then any holder or holders of
notes as aforesaid shall have the right to file his bill and proceed
against said bank as though it had continued the suspension or refusal
to redeem its liabilities in gold and silver.
See. Be it enacted, That the Legislature may alter amend or re-
peal said act, when they may deem it necessary for the interest of the
State.
Which being read, said amendment was adopted, and said bill as
amended, was read a second time and passed.
Mr. Laughliti moved to take up the consideration of a bill from
the House of Representatives to incorporate the Penitentiary Tur^-
pike company.
And the question "vTJ the .Senate take up and consider said bill
being had was deterrm ied in the affirmative—ayes 14, nays 10.
The ayes and noes g demanded,
The affirmative vrtem were:
Messrs. Ashe, Bianbury, Gardner, Laughlin, Maclin, miller, motley,
THE SENATE.
629
Nelson, Peyton, Powell, Ross, Warner, Waterhouse, and mr. Speak-
er Turney—14.
The negative voters were:
Messrs. Foster, Frey, Jennings, Johnson, Ledbetter, Martin, Mat-
thews, Reneau, Sevier, and Williams—10.
So said motion to take up and consider said bill prevailed.
And said bill was thereupon read a second time, when mr. Foster
moved to amend said bill by inserting in the line of the
section the following: "that no gate shall be nearer to the limits of
the corporation of Nashville than two inches."
Which being read, mr. Laughlin moved to lay said amendment on
the table, and the question thereupon being had was determined in the
affirmative—ayes 13, nays 10.
The ayes and noes being demanded,
The affirmative voters were:
Messrs. Ashe, Bradbury, Gardner, Johnson, Laughlin, aiaclin, Mil-
ler, Powell, Ross, Warner, Waterhouse, Williams and mr. Speaker
Turney—13.
The negative voters were :
Messrs. Foster, Frey, Jennings, Ledbetter, Martin, Matthews, Motley,
Nelson, Peyton, and Reneau—10.
So said motion to lay said amendment on the table prevailed.
Mr. Foster moved to amend said bill by inserting therein the follow-
ing:
Provided the first gate next to Nashville shall be located beyond
where the public road leading from Franklin to Nashville by Comp-
tonas called the Wharton's road intersects the Centreville road.
Which being read, and the question upon the adoption of said
amendment being had, was determined in the negative—ayes 11, nays
11.
The ayes and noes being demanded,
The affirmative voters were :
Messrs. Foster, Frey, Jennings, Ledbetter, Martin, Matthews, Mil-
ler, Motley, Nelson, Sevier, and Williams—11
The negative voters were :
Messrs. Ashe, Bradbury, Gardner, Johnson, Laughlin, Peyton, Re-
neau, Ross, Warner, Waterhouse and mr. Speaker Turney—11.
So said amendment was rejected.
Mr. Matthews moved to amend said bill by adding thereto the fol-
lowing:
Be it enacted, That all persons going to and returning from the
market of the town of Nashville shall be allowed to pass and repass
free of toll on said turnpike road.
Which being read—
Mr. Ross moved to lay said amendment on the table.
And the question thereupon being had was determined in the neg-
ative.
So said- amendment was rejected.
Mr. Matthews moved to amend said bill by adding thereto the fol-
lowing proviso:
Provided, That nothing in this act shall be so construed as to pre-
630
JOURNAL OF
vent any future Legislature from amending altering or repealing said
charter.
Which being read, mr. Warner moved to lay said amendment on
the table.
And the question thereupon being had was determined in the nega-
tive-^-ayes 11, nays 13.
The ayes and nays being demanded,
The affirmative voters were:
Messrs. Ashe, Bradbury, Gardner, Laughlin, Miller, Peyton, Ross,
Sevier, Warner, Waterhouse, and mr. Speaker Turney—11.
The negative voters were:
Messrs. Foster, Frey, Hardwicke, Jennings, Johnson, Ledbetter,
Maclin, Martin, Matthews, Motley, Nelson, Reneau and Williams
—13.
So said motion to lay said amendment on the table was rejected.
The question then recurred upon the adoption of said proviso as an
amendment to said bill, which being had was determined in the nega-
tive—ayes 11, nays 12.
The ayes and noes being demanded,
The affirmative voters were:
Messrs. Foster, Frey, Hardwicke, Jennings, Ledbetter, Maclin,
Martin, il/atthews, il/otley, Nelson, and Reneau—11.
The negative voters were:
Messrs. Ashe, Bradbury, Gardner, Laughlin, ilfiller, Peyton, Pow-
ell, Ross, Sevier, Warner, Waterhouse, and mr. Speaker Turney—
12.
So said amendment was rejected.
Mr. Jennings moved to amend said bill by striking out the 12th sec-
tion, and the question thereupon being had was determined in the neg-
ative—ayes 12, nays 13.
The ayes and nays being demanded,
The affirmative voters were:
Messrs. Foster, Frey, Hardwicke, Jennings, Ledbetter, Martin,
Matthews, Motley, Nelson, Reneau, Sevier, and Williams—12.
The negative voters were:
JWessrs. Ashe, Bradbury, Gardner, Johnson, Laughlin, Maclin,
Miller, Peyton, Powell, Ross, Warner, Waterhouse and mr. Speaker
Turney—13.
So said amendment was rejected.
Mr, Martin moved to amend said bill by adding thereto the following :
Be it enacted, That all persons coming to Nashville with the produce
of their labor, shall not pay toll at the gate next to Nashville when com-
ing to market,
Which being read, mr. Ross moved to lay said amendment on the ta-
ble, and the question thereupon being had, was determined in the affirma-
tive—ayes 17, noes 8.
The ayes and nays being demanded,
The affirmative voters were :
Messrs. Ashe, Bradbury, Gardner, Johnson, Laughlip, Maclin, Miller,
THE SENATE.
631
Peyton, Powell, Reneau, Ross, Sevier, Warner, Waterhouse, Williams
and mr. Speaker Turney—17.
The negative voters \vere:
Messrs. Foster, Frey, Hardwicke, Jennings, Martin, Matthews, Mot-
ley, and Nelson—8.
So said motion to lay said amendment on the table prevailed.
The question then recurred upon the passage of said bill upon its se-
cond reading, which being had, was determined in the affirmative—ayes
15, noes 10.
The ayes and noes being demanded,
The affirmative voters were :
Messrs. Ashe, Bradbury, Gardner, Johnson, Laughlin, Maclin, Miller,
Peyton, Powell, Reneau, Ross, Sevier Warner, Waterhouse and mr.
Speaker Turney—15.
The negative voters were :
Messrs. Foster, Frey, Hardwicke, Jennings, Ledbetter, Martin, Mat-
thews, Motley, Nelson and Williams—10.
So said bill was passed upon its second reading in the Senate.
The Senate took up and considered a message from the House of Rep-
resentatives, transmitting the non-concurrence of the House of Represen-
tatives, to the amendment made by the Senate to a bill from the House of
Representatives, to amend the laws in relation to forcible entry and de-
tainer,
Which being read, the Senate adhere to their said amendment made to
said bill.
Ordered that the clerk announce to the House of Representatives the
"adherence of the Senate in their amendment made to said bill, and to in-
sist that the House of Representatives, now do concur in said amend-
meats made to said bill by the Senate.
The Senate on motion, of mr. Matthews, took up and considered a res-
olution by him submitted on yesterday, resolving that the Senate will
hold night sessions.
Which being read, and the question upon the adoption of said resolu-
tion being had, was determined in the affirmative.
So said resolution was adopted.
A message from the House of Representatives by mr. Mitchell their
clerk:
Mr. Speaker : The House of Representatives have taken up and read
a third time and passed the following bills, to wit:
A bill to suppress frauds in corporations, which I am directed to trans-
mit to the Senate.
The House of Representatives have read a third time and passed with
an amendment in lieu of the whole bill, the Senate's bill to authorise the
sale of the bonds of the State, (known as the river bonds,) allotted to East
Tennessee and the Western District, by the act of 1837-8, and for other
purposes, which amendment is herewith transmitted, in which I am di-
reeled to ask the concurrence of the Senate.
The House of Representatives have taken up and considered the mes-
sage of the Senate, transmitting a resolution of the Senate, requiring the
Comptroller of the Treasury to allow the Sheriff ofJSumner county com-
632
JOURNAL OF
mission on tax, by him collected for the year 1840, in which the House
of Representatives concur, and which I am directed to transmit to the
Senate.
The Speaker of the House of Representatives did this day sign an
enrolled bill, entitled
An act, to establish a Chancery court in the county of Campbell.
The Speaker of the House of Representatives also signed an enrolled
resolution, entitled a resolution directory to the Secretary of State, toad-
ludicate warrant No. 1240—which enrolled act and lesolution 1 am di-
rected to trasmit to the Senate.
And then he withdrew.
Whereupon the Speaker of the Senate did sign said enrolled act, and
resolution, and ordered that the same be re-transmitted to the House of
Representatives, for the further action of the House thereon to be had.
Mr. Gardner asked and obtained leave of absence, for the Honorable
Jonathan P. Hardwicke, a Senator from Dickson, during the balance of
the present session of this General Assembly, he being compelled to at-
tend to matters important to his interest, which imperatively demands and
requires his personal presence.
The Senate on motion of mr. Martin took up and considered a resolu-
lion by him submitted on yesterday, proposing that this General Assem-
bly adjourn sine die, on Wednesday the 2d inst., at 2 o'clock, p.m.
Which being read,
Mr. Sevier moved the indefinite postponement of said resolution, and
the question thereupon being had, was determined in the affirmative.
So said resolution was indefinitely postponed.
The Senate took up and considered a bill from the House of Repre-
fvpntatives, prescribing the duties of Sheriffs and other officers in certain
cases.
Which bill was read a third and last time, and the question upon the
passage of said bill being had, was determined in the negative—ayes 5,
noes 19.
The ayes and noes being demanded,
The affirmative voters were:
Messrs. Foster, Gardner, Hardwicke, Jennings, and mr. Speaker Tur-
ney—5.
The negative voters were:
Messrs. Ashe, Bradbury, Frey, Johnson, Laughlin, Ledbetter, Maclin,
Martin, Matthews, Miller, Motley, Nelson, Peyton, Powell, Ross, Sevier,
Warner, Waferhouse and Williams—19.
So said hill was rejected upon its third and last reading in the Senate
Ordered that said bill be transmitted to the House of Representatives,
and that the clerk announce the rejection of said bill by the Senate, up-
on its third and last reading.
The Senate took up and considered a bill from the House of Repre-
sentatives, to restore John Wilson of Blouut county, to the privileges of
citizenship.
Which bill as amended was read a third and last time, and the question
shall said bill pass, was had and determined in the affirmative.
THE SENATE.
633
So said bill as amended, was passed upon its third and last reading in
the Senate, and was ordered to be transmitted to the House of Represen-
tatives.
Ordered that the clerk acquaint the House of Representatives with the
amendments made by the Senate to Said bill, and ask a concurrence there-
in.
The Senate took up and considered a bill from the House of Repre-
sentatives, giving further time to former Sheritfs to collect arrearages of
taxes.
Which bill as amended was read a third and last time, and the question,
shall said bill pass, was had, and determined in the affirmative.
So said bill as amended,was passed upon its third and last reading in
the Senate and was ordered to be transmitted to the House of Represen-
tatives, V
Ordered that the clerk announce to the House of Representatives
the Senate's amendment to said bill, and ask a concurrence therein.
The Senate took up and considered a bill from the House of Repre-
seRtatives to regulate elections by the County courts.
Which bill was read a third and last time, and the question upon the
passage of said bill being had, was determined , in the affirmative—ayes
12, noes 8.
The ayes and noes being demanded,
The affirmative voters were :
Messrs. Ashe, Foster, Frey, Gardner, Hardwicke, Jennings, Laughlin,
Peyton, Sevier, Warner, Waierhouse and mr. Speaker Turney—12.
The negative voters were :
*Messrs. Ledbelter, Martin, Matthews, Miller, Motley, Nelson, Ross
and Williams—8.
So said bill was passed upon its third and last reading in the Senate,
and was ordered to be transmitted to the House of Representatives for
enrollment.
The Senate took up and-considered a bill from the House of Rep-
resentatives for the benefit of witnesses in State cases.
Which bill was read a second time—when mr. Laughlin moved
the indefinite postponement of said bill, and the question was there-
upon had and determined in the affirmative.
So said bill was indefinitely postponed upon its second reading in
the Senate.
Ordered that said bill be transmitted to the House of Representa-
tives and that the clerk acquaint the House there with.
The Senate took up and considered a bill from the House of Rep-
resentatives to amend the law of discounts in certain cases.
Which bill as amended was read a third time—when mr. Foster
moved to amend said bill by adding thereto the following, to consti-
tute the 4th section of said bill, to-wit:
Sec. 4. Be it enacted, That any estate, right, or interest in lands
acquired by a testator after the making of his will, and of which lie
died seized as aforesaid, shall pass thereby in like manner as if owned
6 34
JOURNAL OF
by him at the time of making the will, if such clearly appear by the
will to have been the testator's intention.
Which being read and considered by the Senate, said amendment
was adopted.
Mr. Waterhouse moved to amend said bill by adding thereto the
following, to constitute the 5th section of said bill, to-wit:
Sec. 5. Be it enacted, That, nothing herein contained shall be so
construed as to operate upon or effect in any manner, or apply to the
estate or estates of any person or persons whatsoever who have died
previous to the passage of this act.
Which being read, and the sense of the Senate thereon had, said
amendment was adopted.
And said bilL as amended was read a third and last time, and the
question recurring upon the passage of said bill was had and deter-
mined in the affirmative—ayes 18, nays 4.
The ayes and noes being demanded,
The affirmative voters were:
Messrs. Ashe, Bradbury, Foster, Frey, Jennings, Johnson, Laugh-
lin, Ledbetter, .Maclin, Miller, JUotley, Peyton, Powell, Ross, Sevier,
Warner, Waterhouse andmr. Speaker Turney—18.
The negative voters were :
Messrs. Martin, Matthews, Nelson, and Williams—4.
So said bill, as amended, was passed upon its third and last reading
in the Senate, and was ordered to be transmitted to the House of
Representatives.
Ordered that the clerk announce to the House of Representatives
the Senate's several amendments to said bill, and ask a concurrence
therein.
The Senate took up and considered a bill from the House of Repre-
sentatives for the relief of a portion of the citizens of Perry county.
Which bill was read a third and last time, and the question, "shall
said bill pass?" was had and determined in the affirmative.
So said bill passed upon its third and last reading in the Senate, and
was ordered to be transmitted to the House of Representatives for en-
rollment.
The Senate took up and considered a bill from the House of Repre-
sentatives to amend and explain the 2d section of an act passed at the
present session, to consolidate the funds and to provide for but one,
instead of two separate classes of common schools in the Hiwassee
hnd Ocoee District, in the State of Tennessee.
Which bill was read a third and last time, and the question upon the
passage of said bill was had and determined in the affirmativ \
So said bill was passed upon its third and last reading in the Senate,
was ordered to be transmitted to the House of Representatives for
enrollment.
On motion of mr. Martin,
The Senate adjourned until half past 6 o'clock this evening.
THE SENATE.
635
NIGHT SESSION.
The Senate took up and considered the following bill from the
House of Representatives upon their first reading in the Senate, to-
wit:
A bill to incorporate the Kingsport Manufacturing Company.
A bill to remedy the informality of deeds of conveyance and other
instruments executed by an attorney.
A bill to change the time of holding the Chancery Courts at Sorrier-
ville.
A bill to legalize marriage licenses in Jefferson county.
A bill to amend an act passed 11th December, 1837, entitled an act
to amend an act to incorporate the Ashport Turnpike Company.
A bill to change and amend the act of 1S39-40, chap. 102, sec. 8.
A bill to amend the act of 1817, chap. 131, sec. 2, upon the subject
of bail bonds and recognizances.
A bill to appoint commissioners on Scott's turnpike road leading
through Fentress county, and for other purposes.
A bill to amend an act, entitled an act, to relieve the counties of this
State, from the payment of costs in certain cases, passed January 13th,
1830.
A bill to amend an act, entitled an act, to prescribe certain duties to be
performed by the clerks of the several courts in this State.
A bill to amend an act, entitled an act, to distribute one hundred thou-
sand dollars among the several counties of Middle Tennessee, and for
other purposes.
A bill to amend the charter of the corporation of the town of Nash-
ville.
A bill to restore Wm. Hamilton to thp rights of citizenship.
A bill to amend and extend the charter of the White's Creek Turn-
pike Company.
A bill to amend the several acts in this State respecting costs.
A bill to amend an act entitled an act to extend the limits of the
corporation of Brownsville.
A bill to continue Doctor Gerard Troost, Geologist, Mineralogist,
and Assayer of the State of Tennessee.
A bill to amend the several acts passed heretofore in relation to the
corporation of the town of Jonesborough.
A bill directing the Secretary of State to have bound certain pam-
phlet acts of Congress, and for other purposes.
Which bills were severally read a first time and passed.
The Senate took up and considered a bill from the House of Rep-
resentatives to amend the several acts in this State respecting costs.
Which bill was read a first time—when mr. Laughlin moved to
amend said bill, which amendment he afterwards withdrew.
Mr. Foster moved to amend said bill by striking out the 1st and 2d
sections of said bill.
Which being read, and the question upon the adoption of said
amendment being had, was determined in the affirmative.
JOURNAL OF
So said amendment was adopted, and the 1st and 2d sections of said
bill stricken out.
And said bill as amended was read a first time and passed.
The Senate took up and considered a hill to amend and extend the
charter of the White's Creek Turnpike Company,
Which bill being read, when rar. Motley moved to amend said bill,
,and offered the following, to-wit:
Sec. 4. Be it enacted, That Thomas J. Moreford, of the county of
Wilson, is hereby constituted a sole corporation for the purpose of
constructing a McAdamized or graded turnpike road from the north-
ern bank of Cumberland river, the termination of the Cumberland
and Stone's river turnpike, to a point in the Gallatin and Scottsville
turnpike, near Union Meeting House, on Bledsoe's creek, in Sumner
county; that as such he shall enjoy all the privileges and be subject to
the same regulations and restrictions that are imposed in the Nashville
and Lebanon Turnpike Company, except that under no circumstances
shall the State subscribe for stock in the road.
Sec. 5. Be it enacted, That said corporator shall be authorized to
open books for the purpose of raising by subscription a sum sufficient
to construct said road.
Sec. 6. Be it enacted, That the McAdamized portion of said road
shall be in all respects equal to the Nashville and Lebanon turnpike,
and the graded portion equal to the Lebanon and Sparta turnpike.
Sec. 7. Be it enacted, That said road shall be completed within
five years from the passage of this act.
Sec. 8. Be it enacted, That when any portion of said road shall
be completed, said corporator shall have power to apply to the
County Court of Sumner county, whose duty it shall be to appoint
three commissioners to examine said road, and when four miles of
said road shall be completed according to this act, which shall be de-
termined by the certificate of the said commissioners, thereupon the
said corporator shall have power to erect a toll gate at any point that
may suit his convenience not more than one mile from said river, and
in like mariner when the remainder of said road shall be completed
as aforesaid, he shall have power to erect another toll gate not nearer
than four miles to the first gate.
Sec. 9. Be it enacted, That said corporator shall pay two dollar!
per day to each commissioner acting under the County Court afore
said, for every day they may be severally employed in the inspection
of said road.
Which being read, and the sense of the Senate thereon had, said
amendment was adopted.
And said bill as amended was read a first time and passed.
Mi. Powell moved the re-consideration of the Senate's vote given
on yesterday, rejecting a bill proposiug to establish a branch of the
Bank of Tennessee at Chattanooga, in'Hamilton county.
The Senate, on motion of mr. Jennings, took up and considered a
bill to improve the condition of the Union Bank of Tennessee and to
reduce the debt of the Slate.
Which bill being read a third time,
THE SENATE.
63T
Mr. Jennings offered the following in lieu of the whole bill, to wit:
A bill to authorise the Stock banks of this State to dispose of their real'
estate, to reduce the debt of the State, and for other purposes.
Sec. 1. Be it enacted by the General Assembly of Ihe State of Ten-
nessee, That at anytime within the period of two years from and after-
the passage of this act, it may be lawful for any of the Bapks of this-
State to sell any portion of their real estate, now held by said Banks, and
toreceive in payment thereof or in exchange therefor, the stock of said
Banks or the Bonds of the State of Tennessee ; and any of said bonds so-
obtained, may by said Bank be delivered over to the Governor of the
State for the time being, to be by him cancelled, and put on file in the of-
fice of the Secretary of State, and he shall transmit to said Bank an equal
amount of the stock that may be held by the Slate in said Bank—the bonds
and the stock each being estimated at their par value.
Sec. 2. Be it enacted, That for any amount of Bank stock so received*
in payment of, or exchange for its real estate, that said Bank shall be re-
quired to purchase or otherwise obtain bonds of the State of Tennessee-
to the amount of one fifth of the Bank stock so obtained, and all bonds ob-
tained under the provisions of this section shall be returned to the Gov-
ernorto be disposed of as prescribed in the first section of this act, and.
the Governor shall in like manner transfer an equal amount of stock held,
by the State in said Bank, estimating such at their par value.
Sec. 3. Be it enacted, That it shall not be lawful for any directors of
any Bank directly or indirectly, to become a purchaser of any real estate
by the Bank of which he is a director, under the provisions of the first
and second section of this act, nor to act as agent for any other person,
making any such purchase.
Sec 4. Be it enacted, That whenever the Board of Directors of any
Bank in this State shall deeem it advisable for the better security of any
debt due to said Bank, to take paper from any debtor, having longer than,
twelve months to run to maturity, it may be lawful for such Board to take
ordiscount such paper, provided that it shall be lawful to charge by way
of discount or for interest, a greater rate than six per centum per annum,,
ior the lime such paper may have to run to maturity.
Which being read,
Mr. Ledbetter offered the following as an amendment, to said amend-
ment offered by mr. Jennings, provided, that when any Bank stock which
.constitutes part of the fund is Iransfered, the bonds of the State for which
such stock is exchanged under the provisions of this act, shall be deposited
in the Bank of Tennessee, to be applied as other school funds in said
Bank,
Which being read, said amendment was adopted.,
Which bill with the amendments was laid on the table.
The Senate took up and considered the following bills of the Senate
oa their second reading, to-wit:
A bill to preserve the original acts and resolutions of the General
Assembly of thi£ State.
A bill to provide for the payment of costs in criminal cases by Comi-
fj courts j which bills were severally read a second time and passed.
<538
JOURNAL OF
The Senate took up and considered the following bills from the
House of Representatives upon their third and last reading in the Se-
nate.
A bill to incorporate the inhabitants of the town of Fort Pickering,
in the county of Shelby.
A bill to repeal an act declaring the Ocoee river navigable.
A bill to incorporate the Tusculum Academy.
Which bills were severally read a third and last time, and the ques-
tion upon the passage of said bills severally being had, was determin-
ed in the affirmative.
So said bills were severally passed upon their third and last read-
ing in the Senate, and were severally ordered to be transmitted to the
House of Representatives for enrollment.
The Senate took up and considered a bill from the House of Repre*
sentatives to incorporate the East Tennessee Manufacturing Compa-
Which bill, as amended, was read a third and last time, and the
question upon the passage of said bill was had and determined in the
affirmative.
So said bill, as amended, was passed upon its third and last reading
in the Senate, and was ordered to be transmitted to the House of Re-
presentatives.
Ordered, that the clerk announce to the House of Representatives
the Senate's amendment to said bill, and ask a concurrence therein.
The Senate took up and considered a bill from the House of Repre-
sentatives to incorporate the Brownsville Female Institute, at Browns-
ville,in Haywood county.
Which bill was read a third and last time, and the question upon
the passage of sai 1 bill was had and determined in the affirmative.
So said bill was passed upon its third and last reading in the Senate,
and was ordered to be transmitted to the House of Representatives for
enrollment.
The Senate, on motion of mr. Powell, took up and considered a
message from the Plouse of Representatives transmitting the Senate's
bill to authorise the sale of the bonds of the State (known as the River
bonds) allotted to East Tennessee and the Western District, by the act
of 1837-8, and for other purposes, with sundry amendments thereto;
which message, on motion of mr. Powell, is made the order of the
day for to-morrow.
On motion of mr. Bradbury,
The Senate adjourned until to-morrow morning 9 o'clock.
WEDNESDAY, FEB. 2, 1842.
Mr. Martin moved the re-consideration of the vote of the Senate
adopting the resolution submitted by mr. Johnson, and amended by
the Senate on Monday, the 31st ultimo, requiring the banks to resume
specie payments, &c.
Mr. Peyton moved that the Senate take up and consider a message
from Ilis Excellency the Governor of the State of Tennessee, trans-
The senate.
639
mitting his nomination of twelve gentlemen as Directors of the Bank
of Tennessee at Nashville; which being read,
Mr. Laughlin moved to lay said message on the table, and the ques-
tion thereon being had, was determined in the affirmative-^ayes 13,
noes 12.
The ayes and noes being demanded,
The affirmative voters were :
Messrs. Gardner, Hardwicke, Johnson, Laughlin,, maelm, Martin,
Matthews, Miller, Powell, Ross, Warner, Waterhouse and mr. Speaker
Turney—13.
The negative voters were:
Messrs. Ashe, Bradbury, Foster, Frey, Jennings, Ledbetter, Motley,,
Nelson, Peyton, Reneau, Sevier and Williams—12.
So said message was laid on the table.
The Senate took up and considered a bill from the House of Repre-
sentatives to authorise Chancellors to appoint special terms of holding
chancery courts.
Which bill as amended being read a third and last time, and
the question, "shall said bill pass?" was had and determined in the
negative.
So said bill was rejected upon its third and last reading in the Sen-
ate.
Ordered that the clerk acquaint the House of Representatives- with
the rejection of said bill.
The Senate took up and considered a bill from the House of Repre-
sentatives, in regard to appeals and writs of error.
Which bill being read a third and last time, and the question upon
the passage of said bill being had was determined in the negative—
ayes 7, nays 16.
The ayes and noes being demanded,
The affirmative voters were :
Messrs. Foster, Frey, Gardner, Jennings, Laughlin, Reneau, and
Ross—7.
The negative voters were :
Messrs. Ashe, Bradbury, Johnson, Ledbetter, Maclin, Martin, Mat-
thews, Miller, Motley, Nelson, Peyton, Powell, Warner, Waterhouse,
and mr. Speaker Turney—16.
So said bill was rejected upon its third and last reading in the Sen-
ate, and ordered to be transmitted to the House of Representatives.
Ordered that the clerk announce to the House of Representatives
the rejection of said bill by the Senate.
The Senate took up and considered a message from the House of
Representatives transmitting sundry amendments made by the House
of Representatives to the Senate's bill to change the time of holding
the circuit courts in the 2nd Judicial circuit and the chancery court at
Knoxville.
Which being read, the Senate non-concur in the first amendment of
the House striking out the word " second" in the first section, and in-
serting in lieu thereof the word "three."
640
JOURNAL Of
The Senate concurs in the amendments made by the House of Rep-
resentatives, constituting the 4th and 5th sections of said bill.
J\h. Nelson moved to amend said bill by striking out of the third
line in the first section the word " March," and insert iu lieu thereof
the word " May."
Which being considered by the Senate, said amendment was
adopted.
Ordered that the clerk acquaint the House therewith, and ask a
concurrence therein.
The Senate took up and considered a message from the House of
Representatives, transmitting an amendment made by the House of
Representatives to the Senate's bill to establish the county of Putnam,
iu the 15th line of the 1st section of said bill.
Which being read, mr. Turney proposed the following amendment
in lieu of the amendment adopted by the House of Representatives
to said bill:
Thence to the Overton county line, thence a direct line to William
Jliarch bank's, thence a direct line to the Wallon's road where the
same strikes the Cumberland mountain, thence with the said road to
George McCormick's in Fentress county, thence a direct line to the
line of A/organ county, tfience southward with the same to its corner
at Johnson's stand.
Be it enacted, That the citizens of said county may file their bills
in the Chancery Court at Gaines borough, Sparta or Livingston, at
their option, and each of said courts shall have jurisdiction of ail
equity causes in said county.
Be it enacted, That an academy is hereby established at Monti-
cello in said county, with all the rights and emoluments of other
County Academies in this State, and the County Court shall appoint
trustees as in other counties and shall name the same, and may at
their option change the name of the county town from Montkello to
any other name they may see proper.
Which being read and considered by the Senate, said amendment
was adopted.
Ordered that the clerk acquaint the House of Representatives there-
with and ask a concurrence therein.
The Senate took up and considered a bill to provide for the pay-
ment of costs in criminal cases.
Which bill was read a third and last time, and the question upon
the passage of said bill was had and determined in the negative—
ayes 3, nays 18.
The ayes and noes being demanded,
The atfirmative voters were:
Messrs. Foster, Nelson, and Ross—3.
The negative voters were :
A/essrs. Ashe, Frey, Hardwicke, Jennings, Johnson, Laughlin, Led-
better, Maclin, Martin, Matthews, Miller, Motley, Powell, Sevier,
Warner, Waterhouse, Williams and mr. Speaker Turney—18.
So said bill was rejected upon its third and last reading in the Sen-
ate.
THE SENaTE.
G41
The Senate took up and considered a bill from the House of Repre-
sentatives to amend an act entitled an act to amend an act entitled an
act to dispose of the lands in the Ocoee district, passed the 28th day 01
November, 1839, chapter 8.
Which bill was read a third and last time and the question upon the
passage of said bill, being had was determined in the affirmative—
ayes 18, nayh 4.
" The ayes and nays being demanded,
The affirmative voters were
Messrs. Ashe, Foster, Frey, Gardner, Hardwicke, Jennings, John-
son, Laughlin, Ledbetter, Maclin, Martin, Matthews, Miller, Powell,
Sevier, Waterhouse, Williams and mr. Speaker Turney—18.
The negative voters were:
Messrs. Nelson, Peyton, Powell and Warner—4.
So said bill was passed upon its third and last reading in the Sen-
ate, and was ordered to- be transmitted to the House of Representa-
lives for enrollment.
The Senate took up and considered a bill from the House of Repre-
sentatives to incorporate the Southern University at Lebanon, Wilson
county, Tennessee.
Which bill was read a second time and passed.
The Senate, on motion of mr. Jennings, took up and considered a
bill to improve the condition of the Union Bank of .Tennessee and to
reduce the debt of the State.
Which bill was read a third and last time, and the question upon the
passage of said bill being had was determined in the affirmative—
ayes 20, nays 3.
The ayes and noes being demanded,
The affirmative voters were:
Messrs. Ashe, Bradbury,Frey, Gardner, Hardwicke, Jennings, John-
son, Laughlin, Ledbetter, Maclin, Martin, Miller, Motley, Nelson, Pey-
ton, Powell, Sevier, Warner, Williams and mr. Speaker Turney—20.
The negative voters were
Messrs. Matthews, Ross, and Waterhouse—3.
So said bill was passed upon its third and last reading in the'Senate,
was ordered to be engrossed and transmitted to the House of Repre-
sentatives.
The Senate took up and considered a bill from, the House of Repre-
sentatives to appoint commissioners of the Bean's Station Turnpike
road, and for other purposes.
Which bill was read a third and last time, and the question upon
the passage of said bill being had was determined in the affirmative.
So said bill was passed upon its third and last reading in the Senate,
and was ordered to be transmitted to the House of Representatives for
enrollment.
The Senate took up and considered rt fill to preserve the original
acts and resolutions of the General Assei ! ly of this State.
Which bill was read a third and last n m and the question upon
the passage of said bill was had and dJei uined in the affirmative.
So said bill, as amended, was passed upcnits third and last reading
43
642
JOURNAL OF
in the Senate, and was ordered to be engrossed and transmitted to the
House of Representatives.
Mr. Frey, chairman of the committee on enrollments, reports as
correctly enrolled, a bill entitled an act to amend an act entitled an act
to regulate the salaries of officers of the Bank of Tennessee and
Branches, passed 28th January, 1840.
A resolution requiring the comptroller to allow William Rice, Sher-
iff of Sumner county, commission on tax by him collected for 1840.
A resolution of select committee on printing and distributing acts
and journals of the present General Assembly.
Which enrolled act and resolutions was thereupon signed by the
Speaker of the Senate and ordered to.be transmitted to the House of
Representatives.
The Senate on motion of mr. Waterhouse took up and considered a
resolution proposing that the Superintendent of Public Instruction be
permitted to keep his office in the Senate Chamber after the rise of the
present General Assembly, and during the recess of the Legislature.
Which being read, said resolution was adopted,.
Ordered that the clerk acquaint the House- therewith, and ask a
concurrence therein.
A message from the House of Representatives, by mr. Mitchell their
clerk:
Mr. Speaker : The Speaker of the Bouse of Representatives did
this day sign the following enrolled bill entitled-^-,
An act to require the Ttrustees. of the Trenton Male academy to
pay over one half of the academy funds now accrued and unexpend-
ed, and also the one half of said funds hereafter to accrue to the Trus-
tees of the Trenton Female Academy.
The House of Representatives recede from their amendment made
to the Senate's bill to prevent indictments in certain cases.
Which enrolled act and said bill I am directed to transmit to the
Senate.
And then he withdrew.
Whereupon the Speaker of the Senate did sign said enrolled
and ordered that the sapie be re-transmitted to the House of Repre-
sentatives for its further action thereon to be had.
The Senate on motion of mr. Peyton took up and considered a reso-
lution, proposing to appoint commissioners to examine into the State
and condition of the financial affairs of the several Branches of the
Bank of Tennessee, and report to the next meeting of the General As-
sembly of the State of Tennessee.
Which being read—
Mr. Turney moved that said resolution be laid on the table.
And the question thereupon being had was determined in the affirm-
ative.
S.o sa'id resolution was laid on the table.
The Senate took up and considered a bill to change the time of hold-
ing the circuit courts for the county of McNairy and Hardeman and
to attach Tipton county to the tenth judicial circuit..
THE SENATE.
643
Which being read, when mr. Turney moved to amend said bill by
adding thereto the following:
Sec. 5. Be it enacted, That the Chancery Court at Sparta shall be
held on the second Mondays of April and October in each and every
year, and that the Chancellor shall proceed on the second Monday in
April next to appoint a clerk and organise said court and so much of
the act establishing said court as comes within the purview of this act,
be and the same is hereby repealed.
Which being read and the sense of the Senate thereon had said
amendment was adopted.
Mr. Ashe moved to amend said bill by striking out the word " Tip-
ton" wherever the same occurs in said bill and to insert in lieu thereof
the word " McNairy."
Which being read, and the question upon the adoption of said
amendment being had, was determined in the negative—ayes 9, nays
13.
The ayes and nays being demanded,
The affirmative voters were :
Messrs. Ashe, Hardwicke, AJaclin, Martin, A/otley, Peyton, Ross,
Warner and Williams—9.
The negative voters were:
Messrs. Bradbury, Foster, Frey, Gardner, Jennings, Laughlin, Led-
better, A/atthews, A/iller, Nelson, Reneau, Waterhouse and mr.
Speaker Turney—13.
So said amendment was rejected.
Mr. Ashe moved to amend said bill by adding thereto' the following,
constituting the 6th section of said bill, to-wit:
Sec. 6. Be it enacted, That the circuit courts of Lauderdale county
from and after the court to be held in February, 1842, shall be held on
the first Tuesdays in February, June and October.
Which being read and the sense of the Senate thereon had said
amendment was adopted, and said bill as amended, was read a third
time and passed.
The Senate, on motion of mr. Gardner, took up and considered a
resolution by him submitted to the Senate on the 15th day of Decern-
ber, 1841, proposing amongst other things, to cede to the United
States, that division of the State of Tennessee, commonly called the
Western District, with am ultimate view of erecting the same into a
separate and independent sovereignty upon an equal footing with oth-
er States of the American confederacy ; and when created to be dis-
tinguished by the name of Jacksoniana.
Which being read and the question upon the adoption of said reso-
lution being had was determined in the negative—ayes. 11, nays 14.
The ayes and noes being demanded,
The affirmative voters were :
Messrs. Bradbury, Gardner, Jennings, Johnson, A/aclin, A/iller,
Nelson, Powell, Sevier Waterhouse and Williams—11.
The negative voters were :
Messrs. Ashe, Foster, Frey, Hardwicke> Laughlin, Ledbetter, Afar-
644
JOURNAL OF
tin, Matthews, Motley, Peyton, Reneau, Ross, Warner, and mr.
Speaker Turney—13.
So said resolution was rejected.
The Senate took up and considered a bill from the House of Repre-
sentatives to impose certain duties on overseer's of roads.
Which bill was read a third and last time and the question upon
the passage of said bill was had and determined in the affirmative—
ayes 13, nays 10.
The ayes and nays being demanded, •
The affirmative voters were :
Messrs. Frey, Gardner, Johnson, Laughlin, Ledbetter, Maclin, Net-
son, Peyton, Powell, Reneau, Waterhouse, Williams and mr. Speaker
Turney—43.
The negative voters were;
Messrs. Ashe, Bradbury, Foster, Jennings, Martin, Matthews,
Miller, Motley, Ross, and Warner—10.
So said bill passed upon its third and last reading in the Senate.
Mr. Peyton moved the reconsideration of the vote of the Senate
upon the passage of a bill from the House of Representatives to im-
pose certain duties on overseers of roads.
And the question upon the re-consideration of said vote passing said
bill being had was determined in the affirmative.
So the Senate reconsider said bill.
Whereupon, the Senate further considering said bill, mr. Peyton
moved to amend said bill by adding to the third and last section, the
following: Provided, that when any creek or run over which, by vir-
tue of this act, a foot log'is required, constituting the dividing line be-
tvveen two overseers, said log or logs shall be placed jointly by said
two overseers; which being read and considered, said amendment
was adopted.
And said bill, as amended, was read a third and last time, and the
question upon the passage of said bill being had, was determined in.
the affirmative.
^o said bill, as amended, was passed upon its third and last reading
iii the Senate, and was ordered to be transmitted to the House of Re-
^xesentafives.
Ordered, that the clerk acquaint the House of Representatives with
*he Senate's amendment to said bill, and ask a concurrence therein.
The Senate took up and considered a bill from the House of Repre-
sentatives, directing the Secretary of State to have bound certain
pamphlet acts of Congress, and for other purposes; which bill being
read,
Mr. Powell moved to amend the third section by striking out the
proviso, as follows: Provided, the same can be obtained without cost
to the State; which being read and considered by the Senate, said
amendment was adopted.
Mr. Powell moved the further amendment to said bill at the end cf
the 4th section, by adding thereto the following: "-'and also such fur-
ther sum, not exceeding fifty dollars, as may be necessary to fit up
shelves and provide desks in the Secretary's office for the preservation
THE SENATE.
C45
of the public documentswhich being read, and the sense of the
Senate thereon had, said amendment was adopted.
And said bill, as amended, was read a second time and passed.
On motion of mr. Ledbetter,
The Senate adjourned until 2 o'clock, p. m.
EVENING SESSION.
Air. Frey, chairman of the committee on enrollments, reported as
correctly enrolled a bill entitled an act to prevent indictments and pre-
sentments iir certain cases.
•Whereupon, the Speaker of the Senate did sign said enrolled act,
and ordered that the same be transmitted to the House of Representa-
tives.
The Senate, on motion of mr. Powell, took up and considered a bill
to provide for the payment of two hundred thousand dollars to East
Tennessee and the Western District, in full discharge of their claims
against the State for River bonds, under the act of 1837-8, and for
other purposes; being the title of a bill adopted by the House of Re-
preseutatives as an amendment to, and in lieu of the whole of the Se-
nate's bill entitled a bill to authorise the sale of the bonds of the State
(known as the River bonds) allotted to East Tennessee and the Wes-
tern District by the act of 1837-S, and for other purposes; and said
bill, adopted m lieu of the original bill by the House of Representa.-
tives being read a third time,
Mr. Powell moved the following amendment, to-wit:
Sec. 17. Beit enacted, That of the proceeds of the sales of the
public lands that may be appropriated to this State under the act of
.Congress entitled an act to appropriate the proceeds of the sales of the
public lands, aud to grant pre-emption rights—that portion authorised
by the constitution of this State to be appropriated to internal im-
provement, to-wit, one half of said fund apportioned as aforesaid,
shall be deposited in the Bank of Tennessee and branches in lieu of
the moneys required by this act to be advanced by said bank and
branches for the improvement of the rivers in the eastern and western
divisions of this State : Provided, said fund that may be appropriated
to this State under the aforesaid act shall be received by the State;
which being read, and the question upon the adoption of said amend-
ment being had, was determined in the affirmative—ayes 15, noes 10.
The ayes and nays being demanded,
The affirmative voters were :
Messrs. Ashe, Bradbury, Foster, Frey, Gardner, Jennings, Led-
better, luaclin,; siller, Nelson, Peyton, Powell, Reneau, Sevier and Wa-
terhouse—15.
The negative voters were :
Messrs. Hard vicke, Johnson, Laughlin, Martin, Matthews, Motley,
Ross, Warner, Williams and mr. Speaker Turney—10.
So said amendment was adopted.
Mr. Bradbury moved to amend said bill by adding thereto the fol-
lowing:
646
JOURNAL OF
Sec. 18. Be it enacted, That nine thousand dollars of the amount
appropriated to the Western District, shall be expended in clearing out
and improving the navigation of Beech river, in the counties of Perry
and Henderson, to be deducted in equal portions from the appropria-
tion made by the act of 1837, to Obion, Forked-Deer and Big Hatchie
rivers, and that Henry H. Brown, Curry Petigrew and Wm. Storm, of
Perry county; John Harmon, Samuel T. Edwards and David Bird, of
Henderson county, are hereby appointed commissioners to receive said
fund, and to superintend the improvement of said river, and that they
shall give bond and security as required by the act passed 17th Janua-
ry, 1838; which being read, and the question upon the adoption of
said amendment being had, was determined in the affirmative—ayes
14, noes 9.
The ayes and noes being demanded,
The affirmative voters were:
Messrs. Bradbury, Foster, Frey, Hardwicke, Laughlin, LedbettCr,
A/artin, Motley, Nelson, Peyton, Ross, Warner, Waterhouse and mr.
Speaker Turney—14.
The negative voters were :
Messrs. Ashe, Gardner, Johnson, Maclin, Matthews, Jl/iller, Reneau,
Sevier and Williams—9.
So said amendment was adopted.
Mr. Turney moved to amend said bill by adding the following pro-
viso, to-wit: Provided, that no money shall be drawn from the princi-
pal or branch banks of Tennessee, under the provisions of this act,
until the same shall be secured under the provisions of the act of Con-
gress to distribute the proceeds of the public lands amongst the States,
and then only as the same shall be paid into said bank and branches.
Which being read, and the question upon the adoption of said
amendment being had, was determined in the negative—ayes 10, noes
15.
The ayes and noes being demanded,
The affirmative voters were:
Messrs. Hardwicke, Laughlin, Ledbetter, Maclin, A/atthews, A/ot-
ley, Peyton, Ross, Warner and mr. Speaker Turney—10.
The negative voters were:
Messrs. Ashe, Bradbury, Foster, Frey, Gardner, Jennings, Johnson,
Maclin, Aiiller, Nelson, Powell, Reneau, Sevier, Waterhouse and
Williams—15.
So said amendment was rejected.
Mr. Reneau moved to amend said bill by adding thereto the follow-
ing, to-wit:
Sec. 19. Provided, that nothing in this act shall be so construed as
to change any of the appropriations made to particular rivers in East
Tennessee; which being read, and the question upon the adoption of
said amendment being had, was determined in the affirmative.
So said amendment was adopted.
Mr. Waterhouse moved to amend said bill *by adding thereto the
following, to-wit:
Sec. 20. Be it enacted, That the ten thousand dollars appropriated
THE SENATE.
647
by the 14th section of an act to establish a board of commissioners for
the improvement of the navigation of the rivers east of Knoxville, be
under the control of John Hoyall, Lewis Shepherd and Wm. Stone,
under the same rules and regulations of the 14t.h section above men-
tioned; which being read,
Mr. Williams moved to lay said amendment on the table, and the
question thereon being had, was determined in the negative—ayes 12,
noes 13.
The ayes and nays being demanded,
The affirmative voters were:
Messrs. Ashe, Bradbury, Gardner, Jennings, Johnson, Maclin, Mat- •
thews, Nelson, Powell, Reneau, Sevier and Williams—12.
The negative voters were::
Messrs. Foster, Frey, Hardwicke, Laughlin, Ledbetter, Martin, Mil-
ler, Motley, Peyton, Ross, Warner-, Waterhouse and mr. Speaker Tur-
ney—13.
So said motion to lay said amendment on the table was rejected.
The question then recurred upon the adoption of said amendment,
which being had, was determined in the affirmative.
So said amendment was adopted.
Mr. Waterhouse'moved further to amend said bill by adding there-
to the following, to-wit:
Sec. 21. Be it enacted, That George W. Rice, David Rankin, and
Erasmus Alley are hereby appointed commissioners to superintend
the appropriation of the fund allotted to be expended in Afarion conn-
ty, under the same rules, regulations and restrictions as the former
commissioners.
Which being read, and the sense of the Senate thereon had, said
amendment was adopted.
Mr. Sevier moved to amend said bill by adding thereto the follow-
mg, to-wit:
Which was afterwards re-considered and withdrawn.
Mr. Matthews moved to lay said bill with the amendments thereto
on the table until the first of July next, and the question thereupon
being had was determined in the negative-—ayes 9, nays 16.
The ayes and noes being demanded,
The affirmative voters were :
Jiessrs. Hardwicke, Laughlin, Ledbetter, Martin, Matthews, Mot-
ley, Peyton, Ross, and Warner—9.
The negative voters were :
Messrs. Ashe, Bradbury, Fester, Frey, Gardner, Jennings, Johnson,
Maclin, Miller, Nelson, Powell, Reneau, Sevier, Waterhouse, Williams
and mr. Speaker Turney—16.
So said motion to lay said bill and amendments on the table until
the 1st July next was rejected.
Air. Ashe moved a concurrence of the Senate with the amendments
made by the Plouse of Representatives to said bill, and the question
thereupon being had, was determined in the affirmative—ayes 15,
nays 10.
The ayes and noes being demanded-,
648
JOURNAL OF
The affirmative voters were :
Messrs. Ashe, Bradbury, Foster, Frey, Gardner, Jennings, John-
son, Maclin, Miller, Nelson, Powell, Reneau, Sevier, Williams and mr.
Speaker Turney—15.
The negative voters were :
Messrs. Hardwiclre, Laughlin, Lcdbetter, Martin, Matthews, Motley,
Peyton, Ross, Warner, and Waterhouse—10.
So the Senate concur in the amendment made by the House of Rep-
resentatives and adopted in lieu of the original bill.
The Senate took up and considered a bill from the House of Rep-
resentatives to incorporate the Peniteutiary Turnpike Company.
Which was read a third time—when mr. Foster moved to amend
said bill by inserting in the 13th line of the 9th section, after the
words " the first gate," the words " next to Nashville." Mr. Foster
moved further to amend said bill by striking out of the 9th section, af-
ter the words "commissioners aforementioned," in the 14th line, the
following: "between Nashville and Coekrill's Spring, so that the
first gate shall not be within less than two miles of the court house of
the city of Nashville," and insert in lieu thereof the following: "'shall
be located at a point ill distance from Nashville beyond Coekrill's
Spring, and beyond where the Wharton road intersects said road so to
be turnpiked.
Which being read, and the sense of the Senate thereon had, &iid
amendment was adopfed.
Mr. J/atthews moved to amend said bill by adding thereto the fol-
lowing, to-wit:
Sec. Be it enacted, That the citizens of Dickson and Hickman
counties shall not pay any toll at the gate nearest Nashville.
Which being read—when mr. Ross moved to lay said amendment
on the table, and the question thereupon being had was determined in
the affirmative—ayes 19, nays 4.
The ayes and noes being demanded,
The affirmative voters were :
Messrs. Ashe, Bradbury, Frey, Gardner, Johnson, Laughlin, Led-
better, Maclin, miller, ji/otley, Nelson, Peyton, Powell, Reneau,
Ross, Sevier, Warner, Williams, and mr. Speaker Turney—19.
The negative voters were:
iUessrs. Hardwicke, Jennings, Matthews, and Watcrhouse—4.
So said motion to lay said amendment on the table prevailed.
Mr. Matthews moved further to amend said bill by adding thereto
the following,to-wit:
Sec. Be it enacted, That- the commissioners of said turnpike
road shall have said road measured and plainly mile marked, and
shall also keep said road in good repair, arid on failure shall be sub-
ject to the penalties of the law, as overseers of roads are who fail to
comply with the law in such cases made and provided.
Which being read, mr. Laughlin moved to lay said amendment on
the table, and the question thereupon being had, was determined in
the affirmative—ayes 14, nays 10.
The ayes and noes being demanded,
THE SENATE.
643
The affirmative voters were :
Messrs. Ashe, Bradbury, Frey, Gardner, Laughhn, Ledbetter, Jl/ac-
liti, Miller, A/otley, Nelson, Peyton, Powell, Reneau, Ross, Sevier,
Warner, Williams, and inr. Speaker Turuey—18.
The negative voters were :
Messrs. Hardwicke, Jennings, Johnson, Matthews, and Waterhouse
—5.
So said amendment was laid on the table.
Mr. Jennings moved to amend said bill by adding thereto at the end
of the 7th section, the following:
But the grade of said road over Edny's hill and the Big hill shall
be five degrees or under.
Which being read—when rrir. Gardner moved to lay said amend-
merit on the table, and the question thereupon being had was deter-
mined in the affirmative—ayes 14, nays 9.
The ayes and nays being demanded,
The affirmative voters were :
Messrs. Ashe, Bradbury, Frey, Gardner, Laughlin, Ledbetter, Mil-
ler, Motley, Peyton, Reneau, Ross, Warner, Waterhouse and mr.
Speaker Turney—14.
The negative voters were :
Messrs. Hardwicke, Jennings, Johnson, Maclin, Martin, Matthews,
Nelson, Sevier, and Williams—9.
So said amendment was laid on the table.
Mr. Jennings offered a second amendment to said bill:
Be it enacted,, That this act of incorporation shall not take effect
until such time as the people of Davidson comity having an inrne-
diate interest in the construction of said turnpike have enjoyed an
opportunity for a fair expression of opinion in regard to it, and that
for the purpose of giving them such opportunity it shall be the duty
of the judges and other officers concerned in holding the next election
in said county for county officers, to receive and count, and send for
comparison to the court house at Nashville, the votes for or against
the construction of a turnpike road of all the legal votes residing in
civil districts of said comity, known respectively as Woodward's,
South Harpeth, Dimop's and Cartwright's, and of that portion of le-
gal voters in the Cockrill Spring's civil district being south of the
Charlotte turnpike road ; and it shall thereupon become the duty of
the officers who shall compare the polls in said election for comity of-
ficers, to compare said votes in regard to the construction of said road,
and to make a certificate of the number and character of such votes
to the clerk of the comity court of said county, who shall file such
certificate in his office, and if from the statements which it contains, it
appear that a majority of the votes east as aforesaid were favorable
to the construction of said Penitentiary turnpike, then and not other-
wise shall it be lawful for the Company herein specified to avail them-
selves of any one of the privileges designated in the preceding sec-
tions of this act.
Which being read—mr. Laughlin mured to lay said amendment on
650
JOURNAL OF
■the table, and the question thereupon being had, was determined in
the affirmative—ayes 13, nays 9.
The ayes and noes being demanded,
The affirmative voters were 13.
The negative voters were
Messrs. Frey, Hardwicke, Jennings, Ledbetter, Martin, Matthews,
Nelson, Sevier, and Williams—9.
So said amendment was laid on the table.
And said bill as amended being read a third and last time, and the
question upon the passage of said bill being had, was determined in the
affirmative—ayes 17, noes 8.
The ayes and noes being demanded,
The affirmative voters were :
Messrs. Ashe, Bradbury, Frey, Gardner, Johnson, Laughlin, Maclin, •
>iiller, Motley, Peyton, Powell, Reneau, Ross, Sevier, Warner, Water"
house and mr. Speaker Turney—17.
The negative voters were :
Messrs. Foster, Hardwicke, Jennings, Ledbetter, Martin, Matthews,
Nelson and Williams—8.
So said bill as amended, was passed upon its third and last reading in
the Senate, and was ordered to be transmitted to the House of Represen-
tatives.
Ordered that the clerk acquaint the House of Representatives with the
amendments made by the Senate to said bill, and ask a concurrence there-
in.
Mr. Ashe moved a re-consideration of the vote of the Senate adopting
the amendment of the House of Representatives to the Senate's bill to
authorise the sale of the bonds of the State, (known as the river bonds,)
allotted to East Tennessee and the Western District, by theact of 1837-8,
and for other purposes, which motion to re-consider said vote prevailed.
On motion of mr. Sevier, the Senate re-considered the vote adopting
the amendment by him offered to said bill, when
Mr. Sevier asked and obtained leave to withdraw said amendment.
On motion ofmr. Miller, the Senate re-considered the vole adopting
two amendments to said bill offered by mr. Waterhouse.
Mr. Walerhouse then asked and obtained leave to withdraw said
amendments.
Mr. Williams moved a re-consideration of the vote of the Senate,
adopting the amendment offered by mr. Reneau,
And the question thereupon being had, was .determined in the negative
—ayes 11, noes 14.
The ayes and noes being demanded,
The affirmative voters were :
Messrs. Ashe, Foster, Frey, Gardner, Jennings, Johnson, Maclin, Nel-
sort, Powell, Sevier and Williams—11.
The negative voters were:
Messrs. Bradbury, Hardwicke, Laughlin, Ledbetter, Martin, Matthews,
Miller, Motley, Peyton, Reneau, Ross, Warner, Waterhouse and mr.
, Speaker Turney—14.
THE SENATE.
651
So the motion to re-consider said vote was rejected.
Mr. Frey moved the re-consideration of the vote adopting the amend-
ment offered by mr. Bradbury, which motion prevailed.
The question then re-curred upon the adoption of the amendment of-
fered by mr. Bradbury to said bill, was thereupon had, and determined in
the negative—ayes 9, noes 16.
The ayek and noes being demanded,
The affirmative voters were :
Messrs. Bradbury, Hardwicke, Laughlin, Ledbetter, Motley Ross,
Warner, Water house and mr. Speaker Turney—9.
The negative Voters were :
Messrs. Ashe, Foster, Frey, Gardner, Jennings, Johnson, Maclin, Mar-
tin, Matthews, Miller, Nelson, Peyton, Powell, Eeneau, Sevier and Wil-
liams—16.
So said amendment was rejected.
.Mr. Ashe moved a concurrence in the amendment adopted by the
House of Representatives, in lieu of the entire original bill of the Senate,
to authorise the sale of State bonds, &c.
And the question thereupon being had, was determined in the affirma-
live—ayes 14, noes 11.
The ayes and noes being demanded,
The affirmative voters were :
Messrs. Ashe, Foster, Frey, Gardner, Jennings, Johnson, Maclin, Mil-
ler, Nelson, Powell, Reneau, Sevier, Williams and mr. Speaker Turney
—14-
The negative voters were:
Messrs. Bradbury,Hardwicke, Laughlin, Ledbetter, Martin, Matthews,
Motley, Peyton, Ross, Warner and Waterhouse—11.'
So said amendment, as amended, was concurred in.
Ordered that the clerk acquaint the House of Representatives there-
with, and ask a concurrence in the amendments made by the Senate to the
amendment of the House to said bill.
The Senate on motion of mr. Laughlin, took up and considered a bill
from the House of Representatives for the relief of James P.Keith and
Allen Beredeth,
Which being read a second time, when
Mr. Bradbury moved the indefinite postponement of said bill,
And the question thereupon being had,, was determined in the affirma-
tive—ayes 20, noes 2.
The aves and nays being demanded,
The affirmative voters Were :
Messrs. Ashe, Bradbury, Foster, Frey, Gardner, Hardwicke, Jen-
r«ings, Johnson, Ledbetter, Martin, Matthews, Miller, Motley, Nelson,
Peyton, Powell, Sevier, Warner, Waterhouse and Williams—20.
The negative voters were :
Messrs. Laughlin and mr. Speaker Turney—2.
So said bill was indefinitely postponed upon its second reading in the
Senate.
Ordered that said bill be transmitted to the House of Representatives,
652
JOURNAL OF
and that the clerk announce the rejection of said bill upon its second
reading in the Senate.
The Senate took up and considered a bill from the House of Repre-
«gentatives to amend the corporation of the town of Nashville.
Which hill was read a second time, and indefinitely postponed.
Ordered that said bill he transmitted to the House of Representatives,
anfl that the clerk acquaint the House therewith.
The Senate took up and considered a bill from the House of Repre-
•sentatives, to amend an act, entitled an act, to relieve the counties of this
State from the payment of costs in certain cases, passed January 13th;
1830.
Which bill was read a second time and rejected.
Ordered that said bill be transmitted to the House of Representatives,
and that the clerk acquaint the House therewith.
The Senate took up and considered a bill from the House of Repre-
sentatives to amend the penal laws,
Which bill being read a third time, when
Mr. Warner moved to amend said bill by adding thereto the following
section, to wit :
Beit eiiacted, That the provisions of tins act, shall not apply to females
so far afc relates to punishment by imprisonment,
Which being read, and the question upon the adoption of said amend-
ment being had, was determined in the negative—ayes 10, noes 15.
The ayes and noes being demanded,
The affirmative voters were :
Messrs. Gardner, Hardwicke, Johnson, Laughlin, Maclin, Matthews,
Powell,, Ross, Warner and Waterhouse—10.
The negative voters were :
A/es^rs. Ashe, Bradbury, Foster, Frey, Jennings, Ledbetter, Martin,
Miller, Motley, Nelson, Peyton, Reneau, Sevier, Williams and mr.
Speaker Turney—15.
So said amendment was rejected.
Mr. Martin moved to amend said bill by adding thereto the following :
It shall be the duly of the Judge to give this act in charge to the grand
jurv,
Which being read, and the sense of the Senate thereon had, said amend-
ment was adopted.
And said amendment was made part of the bill.
The question upon the passage of said bill being had, was determined
in the affirmative—ayes 15, noes 9.
The ayes and noes being demanded,
The affirmative voters were :
Jl/essrs. Ashe, Bradbury, Foster, Frey, Gardner, Jennings, Ledbetter,
Martin, Motley, Nelson, Peyton, Reneau, Ross, Sevier and mr. Speaker
Turney—15.
The negative voters were:
Messrs. Hardwicke, Johnson, Laughlin, Maclin, Matthews, wilier,
Warner, Waterhouse and Williams—9.
THE SENATE.
653
So said bill was passed upon its third and last reading in the Senate,
and wes ordered to be transmitted to the House of Representatives.
Ordered that the clerk acquaint the House with the amendments of
the Senate to said bill, and ask a concurrence therein.
A message from the House of Representatives by mr. Mitchell iheir
Clerk :
Mr. Speaker : The House of Representatives have taken up and read
a third and last time, and passed a bill making appropriations to defray
the expenses of the present Geneial Assembly, which 1 am directed to
transmit to the Senate, and ask a concurrence therein.
And then he withdrew.
Which bill was read a first time and passed ; and was referred to t-U®
committee on Finance.
Oil motion of mr. Ashe,
The Senate adjourned until to-morrow morning 9 o'clock.
THURSDAY, FEB. 3, 1842.
A message fronj the House of Representatives by mr. Mitchell their
clerk:
JUr. Speaker : The House of Representatives concur in the several
amendments of the Senate to a bill from the House to amend the latv of
descents in certain cases.
The House of Representatives concur in the amendments of the Senate
to bills of the House of the following titles :
A bill to authorise and require the Entry taker of the Ocoee District,
to refund money in certain cases.
A bill giving further time to former Sheriffs to collect arrearages of
taxes.
A bill to restore John Wilson of Blount county to the privileges of cit-
izenship, and for other purposes.
The House of Representatives non-concur in the amendment of the
Senate to the hill of the House to amend the laws now in force in relation
to free persons of color.
The House of Representatives have amended the amendment of the
Senate made to the bill of the House to require the Entry taker of the
Ocoee district to refund money in certain cases, and as amended concur
therein—in which amendment I am directed to ask the concurrence of the
Senate.
The House of Representatives non-concur in the amendments of the
Senate made to the bill of the House to amend the laws in relation to
forcible entry and detainer.
The House of Representatives insert in their amendment, by striking
out " second," and inserting " third," In the first section, and concur ip
the Senate's amendments.
The amendment of the Senate in lieu of the amendment of the House,
to the bill of the Senate, to establish the county of Putnam, to perp< uate
the name and public services of General Israel Putnam, of the Rcvolu-
tionary war.
JOURNAL OF
The House of Representatives have taken up and considered the
following bills from the Senate, entitled as follows:
A bill to appropriate to Johnson county the State tax due, or that
maybe due therefrom, for the years 1842 and 1843.
A bill for the relief of William Isaac Rawlings.
A bill for the relief of such persons as obtained license to retail li-
quor after the passage of the tippling act of 1838, and before its pro-
mulgation.
A bill to establish the county of Coe.
A bill for the relief of the commissioners of the navigation of the iiv-
ers east of Knoxville; which several bills were rejected upon their
first reading in the House of Representatives.
The House of Representatives have taken up and considered a bill
from the Senate to provide for and secure femes covert in the posses-
sion and enjoyment of property; which bill was rejected upon its se-
cond reading in the House.
The House of Representatives have taken up and considered a re-
solution adopted by the Senate, denouncing the doctrine of repudiation
of State debts.
And a resolution adopted by the Senate to authorise the Superin-
tendent of Public Instruction to keep his office in the Senate chamber
after the rise of this General Assembly; which resolutions being read,
were severally concurred in—which I am directed to transmit to the
Senate. And then he withdrew.
The Senate took up and considered a bill to charter the Bank of
Fort Pickering; which bill was read a third and last ti,me, and the
question upon the passage of said bill being had, was determined in
the negative-rr-ayes 7, noes 17.
The ayes and noes being demanded,
The affirmative voters were:
Messrs. Bradbury, Jennings, Maclin, Powell, Sevier, Waterhouse
and mr. Speaker Turney—7.
The negative voters were :
Messrs. Ashe, Foster, Frey,. Gardner, Hardwicke, Johnson, Laugh-
ltn, Ledbetter, Martin, ATatthews, A/iller, Afotley, Nelson, Peyton, Re-
neau, Ross and Warner—17.
So said bill was rejected upon its third and last reading in the Se-
nate.
The Senate took up and considered a message from the Bouse <Ji
Representatives, transmitting a resolution directory to His Excellency
the Governor of Tennessee, and the Secretary of State for the State of
Tennessee, appointing said Governor and Secretary commissioners to
receive and attend to the procuring titles in fee simple to the lands up-
on which the Lunatic Asylum is situate; which being read, the Se-
nate concur therein.
Ordered, that the clerk announce to the House of Representatives
the concurrence of the Senate in said resolution.
Mr. Warner, chairman of the committee on claims, to whom had
been referred a bi I for the relief of Thomas Maxwell, of Blount coun-
ty—Reports, that said committee have had the same mffier considera-
THE SENATE.
655
tion, and think the provisions therein contained improper and unrea-
sonable, and should not be allowed; that said committee had instruct-
ed him to report said bill, and to recommend its rejection. And the
report of the chairman of the committee being read, the Senate con-
cur therein. And said bill was rejected.
Mr. Warner, chairman of the committee on claims, to whom had
been referred a bill for the relief of James Bradford—Reports, that
said committee have had the same under consideration, and are of
opinion that the relief sought for by said bill should not be.allowed;
that its provisions are unreasonable, and ought not to be granted; that
said committee had instructed him to report said bill, and to recom-
mend its rejection; which report being read, the Senate concur there-
in. And said bill was rejected.
Mr. Foster, chairman of the committee on the judiciary, to whom
had been referred a bill to establish the judicial circuit, and for
other purposes—Reports, that said committee have had the same un-
der consideration ; that said committee had not fixed upon any mea-
sure establishing said judicial circuit, and that said committee had in-
structed him to report said bill, and recommend that it be laid on the
table. And said report being read, the Senate concur therein. And
said bill was laid on the table.
The Senate took up and considered a bill from the House of Repre-
sentatives to incorporate the Southern University at Lebanon, Wilson
county, Tennessee.
Which bill was read a third and last time, and the question, Shall
said bill pass ? being had, was determined in the affirmative.
So said bill passed upon its third and last reading in the Senate,, and
was ordered to be transmitted to, the House of Representatives for en-
rollment.
A message from the House of Representatives by mr. Mitchell their
clerk:
Mr. Speaker : The House of Representatives have taken up and
considered a bill from the Senate to divide the State into Senatorial
and Representative districts; which bill they read a third time and
passed, with an amendment thereto, herewith transmitted. In which
amendment the House of Representatives ask the concurrence of the
Senate. And then he withdrew.
The Senate took up and considered a bill from the House of Repre-
t sentatives to amend the second section of an act entitled an act to pre-
'vent the poisoning of fish in any of the waters of this State, passed
Nov. 19, 1833, chap. 74.
Which bill was read a third and last time, and the question upon the
passage of said bill being had, was determined in the affirmative—
ayes 17, noes S.
The ayes and noes being demanded,
The affirmative voters were:
Messrs. Ashe, Bradbury, Foster, Frey, Gardner, Hardwjcke, Jen-
nings, Johnson, Laughlin, Ledbetter, Martin, Peyion, PowelL, Reneau,
Waterhouse, Williams and mr. Speaker Turney—-17..
The negative voters were:
G56
JOURNAL OF
Messrs. Maclin, Matthews, Miller, Motley, Nelson, Ross, Sevier and
Warner—8.
So said bill was passed upon its third and last reading in the Senate,
and was ordered to be transmitted to the House of Representatives for
enrollment.
The Senate took up and considered the following bills from the
House of Representatives, upon their third and last reading in the Sr-
nate, to-wit;
A bill to incorporate the town of Harrison, in Hamilton county.
A bill to amend the several acts passed heretofore in relation 1o the
corporation of the town of Jonesborough.
A bill to incorporate the Greeneville Female Academy, in the town
of Greeneville, and for other purposes.
Which bills were severally read, a third and last time, and the ques-
tion upon the passage of said bills severally being had, was determin-
ed in the affirmative.
So said bills severally were passed upon their third and last reading
in the Senate, and were severally ordered to be transmitted to the
House of Representatives for enrollment.
A message from the House of Representatives, by nuf. Mitchell, their
clerk:
Mr. Speaker : The Speaker of the House of Representatives did
this day sign the following enrolled bills, entitled as follows, to-wit:
An act to amend and explain part of the second section of an act
passed at the present session to consolidate the funds, and to provide
for but one, instead of two separate classes of common schools in the
Hiwassee and Ocoee districts, in the State of Tennessee.
An act to amend the second section of an act entitled an act to in-
corporate the Clarksville Marine and Fire Insurance and Life and
Trust Company, passed 15th January, 1840.
An act to repeal an act declaring Ocoee river navigable.
An act to extend the limits of the corporation of the town of Leba-
non, in Wilson county.
An act to incorporate the Brownsville Female Institute in the conn-
ty of Haywoou.
An act to regulate elections by the County Courts.
An act for the relief of a portion of the citizens of Perry county.
Which enrolled acts I am directed to transmit to the Senate.
And then he withdrew. ^
Whereupon the Speaker of the Senate did sign said enrolled acts,
and ordered that the same be re-transmitted to the House of Repre-
sentatives for the further action of the House thereon to be had.
The Senate, on motion of mr. Ledbetter, took up and considered the
motion heretofore made, to re-consider the vote of the Senate rejecting
a bill from the House of Representatives to give constables funher
time to return executions, &c., and the question upon the re-considera-
tion of said vote being had, was determined in the negative—ayes %
nays 15.
The ayes and noes being demanded.
The affirmative voters were:
THE SENATE;
657
Messrs. Ashe, Bradbury, Hardwicke, Laughlin, Ledbetter, Maclin,
Peyton, Reneau, Warner, and mr. Speaker Turney—9.
The negative voters were:
Messrs. Foster, Frey, Gardner, Jennings, Johnson, Martin, Mat-
thews, Miller, Motley, Nelson, Powell, Ross, Sevier, Waterhouse and
Williams—15
So the Senate refuse to re-consider the vote rejecting said bill.
The Senate took up and considered a bill from the House of Repre-
sentatives for the relief of securities and endorsers in certain cases.
Which bill was read a third and last time, and the question upon the
passage of said bill being had, was determined in the affirmative—
ayes 13, nays 8.
The ayes and noes being demanded,
The affirmative voters were:
.Messrs. Foster, Frey, Gardner, Ilardwicke, Laughlin, Ledbetter,
Motley, Peyton, Reneau, Ross, Sevier, Warner, and mr. Speaker Tur-
ney—13.
The negative voters were:
-Messrs. Ashe, Johnson, Maclin, Martin, Matthews, Miller, Nelson,
and Williams—8.
So said'bill as amended was passed upon its third and last reading
in the Senate, and was ordered to be transmitted to the House of Rep-
reseutatives.
Ordered that the clerk announce to the House of Representatives
the Senate's amendment made to said bill, and ask a concurrence
therein.
The Senate took up and considered a bill from the House of Rep-
reseutatives, to amend an act entitled an act to incorporate the inhabi-
tants of the town of Memphis, passed 9th of December, 1826.
Which bill was read a third and last time—when mr. Maclin mor-
ed to amend said bill by inserting therein the following:
Sec. 1. Be it enacted by the General Assembly of the State of
Tennessee, That the State tax on merchants' license within the limits
of the towns of Memphis and Fori; Pickering in the county of Shel-
by, be and the same is hereby -appropriated, for and during the full
period of two years from the 1st day of January, (inst.) to the exclu-
sive use and benefit of the Memphis Hospital, and it is hereby made
the duty of the clerk of the County Court of Shelby eounty to pay
to the trustees of the Memphis Hospital the State tax on merchants'
license as aforesaid for two years from the first day of January, (inst.)
whose receipt for the same shall be a good and sufficient voucher for
him. with'the Treasurer of West Tennessee for the same, any law to
the contrary notwithstanding.
Sec. 2. Be it enacted, That it shall be the duty of the trustee of
the Memphis Hospital to receive and apply the aforesaid appropria-
tion for the use n id benefit of the Hospital under the same rules, regu-
latious and responsibilities as prescribed ill the act of 1829, establish-
ing said Hoquia;.
Sec. 3. Be it eiacicJ, That said commissioners shall be entitled to
receive for his s rvices out of any money belonging to said Hospital,
44
658
JOURNAL OF
such sum Or sums as the County Court, (a majority of the acting jus-
tices being present) shalldeem reasonable and just.
Sec. 4. Be it enacted, That all laws coming within the purview
and meaning of this act be and the same is hereby repealed.
Which being read, and the sense of the Senate thereon had, said
amendment was adopted.
And said bill, as amended, was read a third and last time, and the
question upon the passage of said bill was had, and determined in
the negative—ayes 8, nays 13.
The ayes and nays being demanded,
The affirmative voters were:
Messrs. Foster, Hardwicke, Laughlin, A/aclin, Peyton, Sevier, Wa-
terhouse, and mr. Speaker Turney—8.
The negative voters were:
Messrs. Frey, Jennings, Johnson, A/artin, A/atthews, A/iller, A/ot-
ley, Nelson, Powell, Reneau, Ross, Warner, and Williams—13.
So said bill was rejected upon its third and last reading in the Sen-
ate.
Whereupon mr, Jennings moved a re-consideration of the vote re-
jecting said bill upon its third and last reading, which being consid-
ered by the Senate, said motion prevailed—whereupon mr. Maclin
withdrew said amendment to said bill.
And said bill was again read a third and last time, and the question
recurring upon the passage of said bill was had and determined in the
affirmative.
So said bill was passed upon its third and last reading in the Sen-
ate, and was ordered to be transmitted to the House of Representa-
tives for enrollment.
Mr. Johnson, chairman of the committee on Finance, to whom had
bepn referred a bill from the House of Representatives making appro-,
priations to defray the expenses of the present session of the General
Assembly, reported said bill.
Which being read a second time— when mr. Waterhouse moved to
strike out a part of said bill, the third section, which being considered,
said amendment was adopted.
Mr. Johnson moved to amend said bill by striking out $275 appro-
priated to J. R. Mitchell.
And the question thereupon being had was determined in the affirm-
ative—ayes 13, nays 12.
The ayes and noes being demanded,
The affirmative voters were:
Messrs. Frey, Gardner, Hardwicke, Johnson, Laughlin, Maclin, Mar-
tin, Matthews, Miller, Ross, Warner, Waterhouse, and mr. Speaker
Turney—13.
The negative voters were:
Messrs. Ashe, Bradbury, Foster, Jennings, Ledbetter, Motley, Nel-
son, Peyton, Powell, Reneau, Sevier and Williams—12.
So said amendment was adopted.
Mr. Foster moved to amend said bill by striking out $127 to Wil-
liam Falkner, and insert $50.
THE SENATE.
659
Which being considered said amendment was adopted.
And said bill as amended was read a second time and passed.
Mr. Foster moved to take up the consideration of the message from
His Excellency the Governor of the State of Tennessee, transmitting
his nomination of twelve Directors of the Bank of Tennessee, and
the question " will the Senate now take up and consider said mes-
Sage ?" being had, was determined in the negative—ayes 12, nays 13.
The ayes and noes being demanded,
The atfirmative voters were:
Messrs. Ashe, Bradbury, Foster, Frey, Jennings, Ledbetter, Mot-
ley, Nelson, Peyton, Reneau, Sevier, and Williams—12.
The negative voters were:
Messrs. Gardner, Hardwicke, Johnson, Laughlin, A/aclin, Aiartin,.
A/atthews, .Miller,"Powell, Ross, Warner, Waterhouse andinr. Speak-
er Turney—13.
So said motion to take up the consideration of said message was re-
jected.
The Senate, on motion of mr, Turney took up and considered a
message from the House of Representatives transmitting an amend-
ment made by the House of Representatives ta the bill of the Senate
to divide the State into Senatorial and Representative districts.
Which being read—
Mr. Ashe moved a concurrence in said amendment fo. said bill, and
the question "will the Senate concur in the amendment made by the
House of Representatives to said bill?" being had was determined
in the negative—ayes 10, nays 13.
The ayes and nays being demanded,
The atfirmative voters were :
Messrs. Ashe, Bradbury, Foster, Frey, Jennings, A/olley, Peyton,
Reneau, Sevier and Williams—10.
The negative voters were:
Messrs. Gardner, Hardwicke, Johnson, Laughlin, JJ/aclin, Aiartin,
A/atthews, A/ilier, Powell, Ross, Warner, Waterhouse and mr.
Speaker Turney—13.
So the Senate non-concur in the amendment made by the House of
Representatives to the bill of the Senate to divide the State into Sena-
torial and Representative districts.
Ordered that the clerk announce ta the House of Representatives,
the non-concurrence of the Senate in the amendments made by th^
House to said bill.
The Senate took up and considered a bill from the House of Repre-
sentatives to amend the charter of the Obion Turnpike Company.
Which bill was read a third time, when mr. Foster moved to amend '
said bill by striking out the 3d section of said bill.
Which being read, and the sense of the Senate thereon had, said
amendment was adopted, and said bill as amended was read a third
and last time, and the question upon 'the passage of said bill being had
was determined in the affirmative.
So said bill as amended was passed upon its third and last reading in
the Senate, and ordered to be transmitted to the House of Represe'nta-
tives.
660
JOURNAL OF
Ordered that the clerk acquaint the House with the Senate's amend-
ment made to said bill and ask a concurrence therein.
The committee on the Judiciary, on motion of mr. Laughlin, was
discharged from the further consideration of a bill from the House of Re-
presentatives to amend the laws abolishing imprisonment for debt with
sundry amendments thereto, heretofore submitted by mr. Machn, with
the amendment offered by mr. Laughlin to the amendment of mr.
Mac!in, and referred to said committee.
And said bill was read a third and last time, when mr. Nelson mov-
ed that said bill and amendments thereto, be laid on the table until the
1st day of July next.
And the question thereupon being had was determined in the affirm-
ative—ayes 13, nays 11.
The ayes and nays being demanded,
The affirmative voters were:
Messrs. Foster, Frey, Gardner, Hardwicke, Jennings, Ledbetter,
Miller, Motley, Nelson, Warner, Waterhouse, Williams and mr. Speak-
er Turney—13.
The negative voters were:
Messrs. Ashe, Bradbury, Laughlin, Maclin, Martin, Matthews, Pey-
ton, Powell, Reneau, Ross and Sevier—11.
So said bill with the amendments thereto was laid on the table un-
til the first day of July next.
The Senate took up and considered a bill to amend the Militia Laws
of this State.
Which bill was read a third and last time and the question upon
the passage of said bill was had and determined in the negative—
ayes 6, nays 19.
The ayes and noes being demanded,
The affirmative voters were:
Messrs. Bradbury, Frey, Laughlin, Maclin, Martin, and mr. Speaker
Turney—6.
The negative toters were :
Messrs. Ashe, Foster, Gardner, Hardwicke, Jennings, Johnson,
Ledbetter, Matthews, Miller, Motley, Nelson, Peyton, Powell, Reneau,
Ross, Sevier, Warner, Waterhouse and Williams—19.
So said bill Was rejected upon its third and last reading in the Sen-
ate.
Ordered that the clerk acquaint the House therewith.
The Senate took up and considered a bill from the House of Repre-
sentatives to incorporate the town of Durhamsville, in the county of
Lauderdale.
Which bill was read a third and last time, and the question upon
the passage of said bill being had was determined in the affirmative.
So said bill was passed upon its third and last reading in the Senate,
and was ordered to be transmitted to the House of Representatives for
enrollment.
The Senate took up and considered a bill from the House of Rep-
rejscntatives to dispose of that portion of the monies arising from the
sale of the public lands to which Tennessee may bo entitled under the
THE SENATE.
661
act of Congress of the extra session of 1841, commonly called the dis-
tribution bill.
Which being read, when mr. Foster moved to amend said bill by
striking out of the first line in the 4th section of said bill the word
"fourth" and to insert in lieu thereof the word "half," and by strilc-
ingoutof the first fine of the 4th section the words "three-fourths"
aud to insert in lieu thereof the words " one half," and striking out of
the second line of the 5th section the words "three-fourths," and to
insert in lieu thereof the words " one half."
Which being read, mr. Martin moved to lay said amendments on
table.
And the question thereupon being had was determined in the neg-
ative—ayes 5, nays 18.
The ayes and noes being demanded,
The affirmative voters were :
Messrs. Ashe, Jennings, Martin, Matthews, Warner, and Williams
—5.
The negative voters were:
Messrs. Bradbury, Foster, Frey, Gardner, Johnson, Laughlin,
Ledbetter, Maclin, Miller, Motley, Nelson, Peyton, Powell, Reneau,
Ross, Sevier, Waterhouse and mr. Speaker Turney—18.'
So said motion to lay said amendment on the table was rejected.
The question then recurred upon the adoption of the amendments
proposed by mr. Foster, which being had was determined in the
affirmative.
So said amendments were adopted. '
Mr. Matthews moved to amend said bill by adding thereto the fol-
lowing:
Provided, that nothing shall be understood in this act as an approv-
al of the law passed at the extra session of Congress, commonly called
the distribution law, which proposes to divide the proceeds of the
sales of the public lands amongst the several States, while at the same
time it is proposed by the Secretary of the Treasury to have an in-
creased duty on specified articles above that of twenty per cent., al-
though the proceeds of the sales of the public lands might be withheld
from the State; which being read, mr. Reneau moved to lay said
amendment on the table. And the question thereupon being had,
was determined in the affirmative—.ayes 14, noes 10.
The ayes and noes being demanded,
The affirmative voters were ;
Messrs. Ashe, Bradbury, Foster, Frey, Jennings, Ledbetter, Miller,
Motley, Nelson, Peyton, Reneau, Sevier, Williams and mr. Speaker
Turney—14.
The negative voters were:
Messrs. Gardner, Johnson, Laughlin, Maclin, Martin, Matthews, Pow-
ell,'Ross, Warner and Waterhouse—10.
So said amendment was laid on the table.
And said bill, as amended, was read a third and last time, and the
question upon the passage of said bill was had and determined in th®
affirmative—ayes 19, noes 6.
GG2
JOURNAL OF
The ayes and na.ys being demanded,
The affirmative Voters were:
Messrs. Ashe, 13radl)ury, Foster, Frey, Gardner, Jennings, Laughlin,
Ledbetter, Miller, Motley, Nelson, Peyton, Powell, Reneau, Ross, Se-
vier, Warner, Waterhouse and mr. Speaker Turney—ly.
The negative voters were;
Messrs. Hardwicke, Johnson, Maclin, Martin, Matthews and Wil-
liams—G.
So said bill, as amended, was passed upon its third and last reading
in the Senate, and was ordered to be transmitted to the Plouse of Re-
prescntatives.
Ordered, that the clerk acquaint the House of Representatives with
the passage of said bill.
The Senate, 011 motion of mr. Peyton, took up and considered a
message from the House of Representatives, transmitting the non-
concurrence of the House of Representatives to the sundry amend-
ments of the Senate to the bill of the Plouse to amend the laws now
in force in relation to free persons of color; which being read,
Mr. Peyton moved that the Seriate do recede from the- amendment
made to said bill, and the question thereupon being had, was deter-
mined in the negative—ayes 10, noes 15.
The ayes and noes being demanded,
The affirmative voters were:
il/essrs. Bradbury, Gardner, Johnson, Laughlin, Nelson, Peyton,
Reneau, Sevier, Williams and mr. Speaker Turney—10.
The negative voters were :
Messrs. Ashe, Foster, Frey, Hardwicke, Jennings, Ledbetter, Mac-
lin, Martin, Matthews, Miller, Motley, Powell, Ross, Warner and Wa-
terhouse—15.
So said motion to recede from said amendment to said bill was re-
jected.
Mr. Peyton then moved.that a committee of conference be appoint-
ed on part of the Senate, to act with such committee as may be ap-
pointed on part of the House of Representatives, to whom shall be
referred said bill and amendments.
Ordered, that the clerk acquaint the House of Representatives that
the Senate refuses to concur with the House, and insists upon the pas-
sage of the bill as amended by the Senate, and that the Senate pro-
pose a committee of conference, and have appointed messrs. Peyton
and Nelson of said committee on part of the Senate
A message from the House of Representatives by mr. Mitchell their
clerk:
Mr. Speaker : The Plouse of Representatives have taken up and
read a third and last time and passed
A bill to compel banks to act agreeable to their charters, and for
other purposes; which I am directed to .transmit to the Senate, and
ask a concurrence therein.
The House of Representatives have taken up and considered the
amendment of the Senate to the bill of the House to appoint commis-
sioners of the Bean's Station Turnpike road and for other purposes,
THE SENATE.
663
and non-concur therein; which I am directed to transmit to the Se-
nate.
The Speaker of the House of Representatives did this day sign the
following enrolled bills, entitled as follows, to-wit:
An act to amend and explain part of the second section of an act
passed at the present session to consolidate the funds, and to provide
for but one, instead of two separate classes of common schools in the
Hiwassee and Ocoee Districts, in the State of Tennessee.
An act to incorporate the Tusculurn Academy.
Which I am directed to transmit to the Senate. And then he with-
drew.
Whereupon, the Speaker of the Senate did sign said several enrolled
acts, and ordered that the same be re-transmitted to the House of Re-
presentatives for the further action of the House thereon to be had.
The Senate took up and considered a bill from the House of Repre-
sentatives, directing the Secretary of State to have bound certain
pamphlet acts of Congress, and for other purposes; which being read,
Mr. Powell moved to amend said bill by striking out the proviso in
the 3d section; also, by adding to the end of the 4th section, the fol-
lowing: "and also such further sum, not exceeding fifty dollars, as
may be necessary to fit up shelves and provide desks in the Secretary's
office, for the preservation of the public documents; which being read
and considered, said amendment was adopted.
And said bill, as amended, was read a third and last time, and the
question, Shall said bill pass ? was had and determined in the affirma^
tive.
So said bill, as amended, was passed upon its third and last reading
in the Senate, and was ordered to be transmitted to the House of Re-
presentatives.
Ordered, that the clerk acquaint the House of Representatives with
the Senate's amendment to said bill, and ask a concurrence therein.
The Senate took up and considered the following bills from the
House of Representatives, upon their third and last reading in the Se-
nate, to-wit:
A bill to authorise Samuel Henry, sr., of Blount county, to build a
dam across Little river, in said county.
A bill to legalise marriage license in Jefferson county.
A bill to incorporate the Tennessee Manufacturing Silk Company
and Agricultural School, to teach the art of the culture and manufac-*-
ture of silk, and for other purposes.
Which several bills were read a third and last time, and the ques-
tion upon the passage of said bilLs being severally had, was determin-
ed in the affirmative.
So said bills severally were passed upon their third and last reading
in the Senate, and were severally ordered to be transmitted to the
House of Representatives for enrollment.
The Senate took up and considered a bill from the House of Repre-
sentatives to- compel banks to act agreeable to their charters, and for
other purposes.
Which bill being read a first time, mr. Foster moved the indefinite
664
JOURNAL OF
postponement of said bill, and the question thereupon being had, was
determined in the affirmative—ayes 13, nays 11.
The ayes and nays being demanded,
The affirmative voters were:
Messrs. Ashe, Bradbury, Foster, Frey, Jennings, Martin, Miller,
Motley, Nelson, Peyton, Reneau, Sevier and mr. Speaker Turney—13.
The negative voters were :
Messrs. Gardner, Hardwicke, Johnson, Laughlin, Maclin, Matthews,
Powell, Ross, Warner, Waterhouse and Williams—11.
So said bill was indefinitely postponed upon its first reading in the
Senate.
Ordered, that said bill be transmitted to the Blouse of Representa-
tives, and that the clerk acquaint the House therewith.
The Senate took up and considered a bill from the House of Repre-
sentatives to extend the act of lS37-S,chap. 206, and to create a body
politic and corporate, to be called the Mutual Insurance and Trust
Company of Columbia.
Which being read a third time, mr. Ross moved to amend said bill
by adding thereto the following: " Provided, that any future Legisla-
ture shall have power to alter, amend or repeal said charter, when in
their opinion the public good requires the same to be done.
Which being read, and the question upon the adoption of said
amendment being had, was determined in the negative—ayes 11, naya
12.
The ayes and noes being demanded,
The affirmative voters were :
Messrs. Gardner, Johnson, Laughlin, Maclin, Martin, Matthews, Mil-
ler, Jl/otley, Ross, Warner, and Waterhouse—11.
The negative voters were:
iJfessrs. Ashe, Bradbury, Foster, Frey, Hardwicke, Jennings, Led-
better, Nelson, Reneau, Sevier, Williams, and mr. Speaker Turney—12.
So said amendment was rejected.
J\Jr. Martin moved to strike out the proviso to said bill offered by
mr. Foster, and the question thereupon being had, was determined in
the affirmative—ayes 13, nays 12.
. The ayes and noes being demanded,
The affirmative voters were:
Messrs. Ashe, Gardner, Hardwicke, Johnson, Laughlin, Maclin,
Matthews, A/artin, Afiller, Motley, Ross, Warner, and WTaterhouse—
13.
The negative voters were:
Messrs. Bradbury, Foster, Frey, Jennings, Ledbetter, Nelson, Pey-
ton, Powell, Reneau, Sevier, Williams and mr. Speaker Turney—12.
So said amendment was adopted.
And said bill as amended was read a third and last time, and the
question upon the passage of said bill being had, was determined in
the affirmative—ayes 13, nays 11.
The ayes and noes being demanded,
The affirmative voters were:
Messrs. Ashe, Bradbury, Foster, Frey, Jennings, Ledbetter, Nelson,
THE SENATE.
665
Peyton, Powell, Reneau, Sevier, Williams, and mr. Speaker T&rney
—12,
The negative voters were:
Messrs. Gardner, Hardwicke, Johnson, Langhlin, Maclin, jyat-
thews, Afiller, JUotley, Ross, Warner and Waterhouse—11.
So said bill passed upon its third and last reading hi the Senate;
Whereupon mr. Jennings moved a re-consideration of the vote of
the Senate upon the passage of said bill upon its third and last read-
ing in the Senate, and the question,' will the Senate re-consider the
vote of the Senate upon the passage of said bill upon its tbirad and
last reading ? being had, was determined in the affirmative—ayes- 15„
nays 9.
The ayes and nays being demanded,
The affirmative voters were :
Messrs. Ashe, Bradbury, Foster, Frey, Jennings, Martin, Miller,
Motley, Nelson, Peyton, Powell, Reneau, Sevier, Williams, andmr.
Speaker Turney—15.
The negative voters were:
Messrs. Gardner, Hardwicke, Johnson, Laughlin, Maclin, Mat-
thews, Ross, Warner, and Waterhouse^—9.
So the vote of the Senate upon the passage of said bill' upon its
third reading is re-considered.
Mr. Jennings moved the re-consideration of the vote of the Senate
rejecting a bill from the House of Representatives for the benefit of
William P. Keith, and others.
The Senate took up and considered a bill prescribing the time, place
and manner of choosing Senators to the Congress of the United States
—when, on motion of mr. Foster, said bill was laid on the table.
The Senate look up and considered a bill to incorporate the Wil-
iiamsport Bridge Company.
Which being read, was, on motion of mr. Williams, laid on the ta-
hie until the end of the session.
The Senate took up and considered a bill concerning the seat of
government.
Which bill was read a third and last time—when mr. Hardwicke
moved to amend said bill by striking out Murfreesborough and insert-
ing Charlotte, and the question thereupon being had, was determined
in the negative—ayes 6, nays 18.
The ayes and noes being demanded,
The affirmative voters were:
Messrs. Ashe, Hardwicke, Jennings, Matthews, Waterhouse, and
mr. Speaker Turney—6.
The negative voters were : '
Messrs. Foster, Frey, Gardner, Johnson, Laughlm, Ledbetter, Jl/ac-
lin, Martin, Miller, ,/1/otley, Nelson, Peyton, Powell, Reneau, Ross,
Sevier, Warner, and Williams—18.
So said amendment was rejected.
Mr. Ashe moved to amend said bill by striking out Murfreesboro'
and inserting Jackson—and the question thereupon being had, was
determined in the negative—ayes 9, nays 15.
666
JOURNAL OF
The ayes and noes being demanded,
The affirmative voters were :
Messrs Ashe, Bradbury, Jennings, Johnson, Maclin, Sevier, Water-
house, Williams, and mr. Speaker Turney—9.
The negative voters were :
Messrs, Foster, Frey, Hardwicke, Laughlin, Ledbetter, Martin, Mat-
thews, Miller, Motley, Nelson, Peyton, Powell, Reneau, Ross, and War-
ner—15.
So said amendment was rejected
Jl/r. Peyton moved to amend said bill by striking out Murfreesboro,'
and inserting Gallatin—and the question thereupon being had, was de-
termined in the negative—ayes 7, nays 17.
The ayes and noes being demanded,
The affirmative voters were :
Messrs. Ashe, Jennings, Nelson, Peyton, Sevier, Waterhouse and
«nr. Speaker Turney—7.
The negative voters were:
Messrs. Bradbury, Foster, Frey, Hardwicke, Johnson, Laughlin, Led-
better, Maclin, Martin, Matthews, Miller, Motley, Powell, Reneau, Ross,
Warner, and Williams—17.
So said amendment was rejected.
Mr. Hardwicke moved to amend said bill by striking out Murfrees-
boro' and inserting Clarksville—and the question- thereupon being had,
was determined in the negative—ayes 6, nays 19.
The a\es and noes being demanded,
The affirmative voters were:
Messrs. Gardner, Hardwicke, Jennings, Maclin, Waterhouse and mr.
Speaker Turney—6.
The negative voters were :
Messrs Ashe, Biadbury, Foster, Frey, Johnson, Laughlin, Ledbetter,
Martin, Matthews, Miller, Motley, Nelson, Peyton, Powell, Reneau, Ross,
Sevier, Warner, and Williams—19
So said amendment was rejected.
Mr. Bradbury moved to amend said bill by striking out Murfreesboro'
and inserting Perryville—and the question thereupon being had, was de-
termined in the negative—ayes 9, nays 16.
The ayes and noes being demanded,
The affirmative voters were :
Messrs. Ashe, Bradbury, Gardner, Jennings, Maclin, Sevier, Water-
house, Williams and mr. Speaker Turney—9.
The negative voiers were :
Messrs. Foster, Frey, Hardwicke, Johnson, Laughlin, Ledbetter, Mar-
tin, Matthews, Miller, Motley, Nelson, Peyton, Powell, Reneau, Ross,
and Warner—16.
So said amendment was rejected.
Mr. Motley moved to amend said bill by striking out il/urfreesboro'
and inserting Lebanon, and the question thereupon being had, was deter-
mined in the negative—ayes 10, nays 15.
The ayes and nays being demanded,
THE SENATE.
667
The affirmative voters were :
Messrs. Ashe, Jennings, Martin, Miller, Motley, Nelson, Peyton, Se-
vier, Waterhouse, and mr. Speaker Turney—10.
The negative voters were :
Messrs. Bradbury, Foster, Frey, Gardner, Hardwicke, Johnson,
JLaughlin, Ledbetter, Maclin, Matthews, Poivell, Reneau, Ross, Warner,
and Williams—15.
Sosaid amendment was rejected.
The question then recurred upon the passage of said bill, which be-
ing had, was determined in the negative—ayes 11, nays 14.
The ayes and noes being demanded,
The affirmative voters were :
Messrs. Bradbury, Hardwicke, Johnson, Laughlin, Ledbetter, Maclin,,
Martin, Miller, Ross, Warner, and Williams—11.
The negative voters were :
Messrs. Ashe,Foster, Frey, Gardner, Jennings, Matthews, Motley, Nel-
son, Peyton, Powell, Reneau, Sevier Waterhouse, and mr. Speaker Tur-
ney—14.
So said bill was rejected upon its third and last reading in the Sen-
ate.
Whereupon mr. Matthews moved a re consideration of the vote of
the Senate rejecting said bill upon its third and last reading—and the.
question upon the re-consideration of said vote being had, was deterimn-
ed in the affirmative—ayes .14, nays 11.
The ayes and noes being demanded,
The affirmative voters were :
Messrs. Bradbury, Gardner, Hardwicke, Johnson, Laughlin, Led-
better, Maclin, Martin, Matthews, Miller, Ross, Warner, Waterhouse, and
Williams—14.
The negative voters were :
Messrs. Ashe, Foster, Frey, Jennings, Motley, Nelson, Peyton,
Powell, Reneau, Sevier, and mr. Speaker Turney—11,
So the vote rejecting said bill is re-considered.
Whereupon mr. Johnson moved to amend said bill, and offered the
following in lieu of the whole bill, as follows:
A bill to remove the seat of government from Nashville.
Sec. 1. Be it enacted by the General Assembly of the State of
Tennessee, That the next regular session of the General Assembly
shall beheld in the town of Knoxville, and it shall be the duty of the
Governor and Secretary of State at least sixty days before the first
Monday in October, eighteen hundred and forty-three, to remove,
with all the papers, books, &c., belonging to the respective offices to
the said town of Knoxville, where they shall thereafter reside and
keep their offices until otherwise directed by law.
Sec. 2. Be it enacted, That if in the opinion of the Governor it
shall be necessary to have a called session for the purpose of appor-
tioning the congressional districts, said called session shall be held in
the town of Jackson in the county of Madison, and the Governor and
Secretary of State are hereby required to give their- personal attend-
668
JOURNAL OF
ance at said to wn of Jackson in Madison county, at said called session.
Sec. 3. Be it enacted, That the 7th section of an act passed Feb-
Tuary 1, 1840, be and the same is hereby repealed. '
Which being read, nir. Johnson moved the adoption of said amend-
.lnent.
Mr. Ashe moved to amend said amendment by striking out Knox-
ville and inserting Jackson.
Mr. Maclin moved the previous question, and the question, Shall
4he main question be now put ? being had, was determined in the af-
firmative—ayes 15, noes 10.
The ayes and noes being demanded,
The affirmative voters were:
Messrs. Frey, Hardwicke, Johnson, Laughlin, Ledbetter, Martin,
Miller, Motley, Nelson, Peyton, Reneau, Ross, Warner, Williams and
inr. Speaker Turney—15.
The negative voters were:
Messrs. Ashe, Bradbury, Foster, Gardner, Jennings, Maclin,. Mat-
thews, Powell, Sevier and Waterliouse—10.
So the previous question was sustained, and the amendment pro-
posed by inr. Johnson to said bill was rejected.
Mr. Martin moved a re-consideration of the vote sustaining the
previous question, and the question thereupon being had, was deter-
mined in the negative—ayes 11, noes 14.
The ayes and noes being demanded,
The affirmative voters were:
Messrs. Gardner, Johnson, Ledbetter, Maclin, ilfartin, Matthews,
Miller, RoSs, Sevier, Waterhouse and Williams—11.
The negative voters were :
^Messrs. Ashe, Bradbury, Foster, Frey, Hardwicke, Jennings, Laugh-
lin, Motley, Nelson, Peyton, Powell, Reneau, Warner and mr. Speaker
Turney—14.
So said motion to re-consider the previous question was rejected.
The question then recurred upon the passage of said bill, which be-
ing had, was determined in the negative—ayes 12, noes 13.
The ayes and noes being demanded,
The affirmative voters were :
Messrs. Bradbury, Hardwicke, Johnson, Laughlin, Ledbetter, Mac-
iin, Martin, Miller, Ross, Warner, Waterhouse and Williams—12.
The negative voters were:
Messrs. Ashe, Foster, Frey, Gardner, Jennings, Matthews, Motley,
Nelson, Peyton, Powell, Reneau, Sevier and mr. Speaker Turney—
13.
So said bill was rejected upon its third and last reading in the So-
nate.
Mr. Jl/atthews moved the re-consideration of the vote rejecting the'
bill proposing to locate the seat, of government, and the question
thereupon being had, was determined in the negative—aves 12, noes
13.
The ayes and noes being demanded,
The affirmative voters were;
THE SENATE.
669
Messrs. Bradbury, Hardwicke, Johnson, Lau^hlin, Ledbetter, .TJ/ac-
lin, Martin, Matthews, Ross, Warner, Watethouse and Williams—12..
The negative voters were:
Messrs. Ashe, Foster, Frey, Gardner, Jennings, Miller, Motley, Nel-
son, Peyton, Powell, Reneau, Sevier and mr. Speaker Tramey—13.
So said motion to re-consider the vote of the Senate rejecting, said
bill upon its third and last reading was rejected.
On motion of rhr. Peyton,
The Senate adjourned until to-morroW morning 9 o'clock.
FRIDAY, FEB. 4, 1842.
Mr. Frey, chairman of the committee on enrollments—Reponb'
correctly enrolled the following entitled resolutions, to-wit:
A resolution to authorise the Superintendent of Public Instruction
to keep his office in the Senate chamber after the rise of this General
Assembly.
A resolution denouncing the doctnne of repudiation of State defefis
Whereupon, the Speaker of the Senate did sign said several enrolled;
resolutions, and directed that the same be transmitted to the House ©fT
Representatives.
The Seriate took up and considered a bill from the House of Repre^
sentatives to appoint commissioners on Scott's Turnpike road, leading*
through Fentress county, and for other purposes; which being read,
Mr. Williams moved to amend said biH by striking out the 2d sec-1-
tion of said bill as follows, to-wit:
Sec. 2. jBe it enacted, That it shall be the duty of the said proprie-
tor of said road to build a bridge across Emory river and the Clear
Fork; and it shall be the duty of said commissioners to see that the
same is done in a suitable manner; which being read, and the sense;
of the Senate thereon being had, said amendment was adopted.
And said bill, as amended, was read a second time and passed.
Mr. Hardwicke, chairman of the committee on the Penitentiary,,
submitted the following report, to-wit:
The joint committee upon the Penitentiary, to whom was referrsdl
the Reports of the Keeper and Inspectors of the Penitentiary, ask
leave to report, that although attention to various other important da-
ties has prevented that careful examination of the subject that it de-
serves, yet they have been able to satisfy themselves that the reports
of the Agents and Inspectors arc correct, and that the institution is in
all respects well managed.
Some amendments to the present laws might be enacted which
would advance the interest of the institution; yet at this late period of
the session, they refrain from recommending any action on the subject.
They cannot dismiss this subject without saying, much is due' to the
inspectors, the physician, agent and officers of the institution, for the
able and efficient manner in which they have severally discharged the
duties of their respective stations, ami to elpresj the confident belief,
that under such management, the i ^titution cannot fail to meet the
proudest hopes, and to secure the ima.'ot of the State. The commit-
670
JOURNAL OF
tee ask to be relieved from the further consideration of the subject.—
All which is respectfully submitted.
JONATHAN P. HARDWICKE,
Chairman on part of the Senate.
Which being read, said report is ordered to be enrolled on the jour-
nal of the Senate, and said committee from the further consideration
of said matters be discharged.
Mr. Matthews submitted the following:
Resolved, That the Senate have printed three thousand copies of the
captions of the acts of the present General Assembly, with a synopsis
of their contents, for the use of the members of the Senate; which
being read, and the rule being suspended, said resolution was adopted,
A message from the House of Representatives, by mr. Mitchell their
clerk:
Mr. Speaker :• The Speaker of the House of Representatives did
this day sign the following enrolled bills entitled as folio ws, to-wit:
An act to authorise the refunding of money to Sheriff's and tax
collectors in certain cases.
An act to incorporate the inhabitants of the town of Fort. Pickering
in the county of Shelby.
Which I am directed to transmit to the Senate.
And then he withdrew.
Whereupon the Speaker of the Senate did sign said enrolled act ,
and ordered that the same be re-transmitted to the House of Repre-
sentatives for the further action of the House thereon to be had.
A message from the House of Representatives by mr. Mitchell their
Clerk.
Mr. Speaker : The House of Representatives have taken up, read
a third and last time and passed with amendments, the following bills
of the Senate, which amendments are herewith transmitted, to-wit:
A bill to alter the dividing line between Rutherford and Cannon
counties.
A bill to amend the laws regulating divorces.
A bill for the better security of public ferries.
A bill to alter the county line between the counties of Knox and
Grainger.
A bill incorporating the Union University of Tennessee.
A bill to amend the Militia Laws of this State.
A bill to amend the laws for the collection of taxes of the corpora-
tion of the town of Iinoxviiie and town of Charlotte.
Which lam directed to transmit to the Senate.
And then he withdrew.
The Senate took up and considered a message from the House of
Representatives transmitting the following bills of the Senate amended
by the House of Representatives, read a third and last time and pass-
ed, to-wit:
The amendments of the House of Representatives to the Senate's
bill to alter the dividing line between Rutherford and Cannon counties
being read the Senate concur therein.
The amendments of the House of Representatives to the Senate's
THE SENATE.
671
bill to amend the laws regulating divorces being read the Senate eon-
cur therein.
The amendments of the House of Representatives to. the Senate's
bill for the better security of public ferries being read, the Senate con-
cur therein.
The amendments of the House of Representative <s to the Senate's
bill to alter the county line between Knox and Gj a.inger being read
the Senate concin;.
The amendments of the House of Representatives to the Senate's
bill to.amend the laws, for the collection of taxes of the corporation of
the town of Knoxville and the town of Charlo tte being read the
amendments of the House of Representatives were concurred in, ex-
cept the amendment made to the sixth section^, striking out the words
"and one additional constable," which was non-concurred in.
The amendments of the House of Representatives to the Senate's
bill incorporating the Union University of Ifennessee being read the
Senate non-concur in the amendment made, by striking out the words
" of Tennessee"—the Senate amends by inserting in lieu thereof- the
words "in the State of Tennessee," and with said amendment con-
cur, and ask the concurrence of the House of Representatives.
The amendments of the House of Representatives to tiie Senate's
bill to amend the Militia Laws of the; fjtate being read the Senate non-
concur therein.
Ordered that said several bills am ended by the House of Represen-
tatives and non-concurred in by th.e Senate, bo re-transmitted to the
House of Representatives, and that the elerk announce the non-con-
currence of the Senate to the said several amendments made to said
bills.
The Senate took up and considered a bill from the House of Repre-
sentatives to amend an act passed 11th December, 1837r entitled an
act to amend an act to incorporate the Ash Port Tprnpike company.
Which bill being read, when mr. Ashe moved to amend said bill by
striking out the 3d section as follows:
Sec. 3. Be it enacted, That said company or their grantee is hereby
authorized to mark out such roads to lead from or to said Turnpike
and m such direction and of such distances as may be thought proper,,
and provided Allen Deberry, William IT. Long, U. H. Buck, Absolum.
Deberry and Samuel Neely, or any three of them shall examine such
routes, and upon their oaths report the same to the county court of
ATadison as promotive of the public convenience and advantage, it
shall be the duty of said court to order the same to be forthwith open-
ed, forty-feet wide, and kept in repair as county roads of the first class.
Which being read and the sense of the Senate thereon had said
amendment was adopted.
«71/r. Ashe moved to amend said bill by adding thereto the follow-
ing:
Provided, That the stockholders of said company shall not be en-
titled to the benefits of the first section of this act until said road is
completed, Provided, That nothing in this act shall be so construed as
672
JOURNAL OF
to authorise the stockholders to convey away the rights of the State as
•astockholder in said road.
Which being read and considered said amendment was adopted.
And said bill as amended was read a second time, and the question
upon the passage of said bill being had, was determined in the affir-
xnative—ayes 15, nays 5.
The ayes and noes being demanded,
The affirmative voters were:
.Messrs Ashe, Hardwicke, Jennings,-Johnson, Laughlin, Maclin,
A/artin, Miller, Motley, Peyton, Powell, Ross, Sevier, Waterhouse,
and mr. Speaker Turney—15.
The negative voters were;
Messrs. Bradbury, Foster, Frey, Matthews, Nelson, Reneauand
"Warner—5.
So said bill was passed upon its second reading in the Senate.
The Senate took up and considered a bill from the House of Rep-
resentatives to extend the act of 1837-8, chapter 206, and to create a
body politic, to be called the Aiutual Insurance and Trust Company
of Columbia.
Which bill was read a third and last time, and the question upon
the passage of said bill was had and determined in the affirmative.
So said bill was passed upon its third and last reading in the Senate,
was ordered to be transmitted to the House of Representatives for
enrollment.
The Senate took up and considered the following bills from the
House of Representatives, upon their second reading, to-wit:
A bill to amend an act entitled an act to extend the limits of the
corporation of Brownsville.
A bill to remedy the informality of deeds of conveyance and other
instruments executed by an attorney.
A bill for the benefit of the clerk of the Supreme Court at Jackson-
A bill to create the 23d and 24th brigades of Tennessee Militia, the
23d of the counties of Fayette and Shelby, and the 24th of the coun*>
ty of Maury.
A bill to authorise the refunding of moneys to sheriffs and tax col-
lectors in certain cases.
A bill for the relief of the owners of iron works south and west of
the congressional reservation line.
A bill to amend an act entitled an act to prescribe certain duties to
he performed by the clerks of the several courts in this State.
A bill for the benefit of occupant settlers south and west of the
congressional reservation line in certain cases.
A bill to repeal the 3d section of an act incorporating the town of
Tazewell.
A bill to amcfid and extend the charter of the Whiter Creek Turn-
pike Coinp tiiy.
A bill to amend the several acts in this State respecting costs.
A bill mnki lg allowance to certain purchasers of reservations in the
Hiwassee Dkudct.
THE SENATE.
673
A bill to change tho time of holding the Chancery Court at Sorner-
ville.
A bill to chenge and amend the act of 1839-40, chap. 102, sec. S.
A bill to provide for furnishing the new counties with the statute
laws of Tennessee.
Which bills were severally read a second time and passed.
A m?ssage from Hls Excellency the Governor of the State, trans-
uiitted by John S. Young, Secretary of State for the State of Tennes-
see.
• Executive Department, ?
Nashville, February 4, 1842. 5
Gentlemen of the Senate and House of Representatives:
I have this day received the resignation of W. F. Dougherty, Attor-
ney General of the 14th solicitorial district.
It is therefore necessary and proper that you should fill said vacan-
ry. JAMES C. JONES.
Which being read, was laid on the table.
The Senate took up and considered a bid from the House of Repre-
sentatives to amend an act entitled an act to distribute one hundred
thousand dollars among the several counties of Middle Tennessee, and
for other purposes; which being read a second time,
Mr. Foster moved to adopt an amendment offered by him in lieu of
the bill, as follows:
Be it enacted, That the commissioners, or any one of them, hereto-
fore appointed to superintend and let out the improvement of rivers in
Fentress county, have, under and by virtue of the act of 1837, chap.
115, let out the improvements of the rivers of Fentress county, such
commissioners, or auy of them, may file a petition in open Court, be-
fore the judge of Fentress Circuit court, setting forth the fact of letting
out said improvement, to whom let, what improvement was to be
made, when to be made, by whom to be made, upon what terms, and
in what time said improvement was'to be made. And said judge
shall receive and hear" testimony, and examine all the facts and law;
and if said judge shall be satisfied and convinced that said commis-
sinners did in good faith under said act let, out said improvement; that
said improvement has been agreeably to such letting completed, or in
part completed; and that no pay or compensation has been made to
said commissioners, or any of them, or to the person making said im-
provemeut by the State, or any officer of the State for such iihprove-
merit, then said judge shall give his certificate to said commissioner
filing said petition, certifying the amount of money which, in good
conscience, should be paid by the State for such improvement, or part
of improvement; and upon the presentation of su,ch a certificate, offi-
cially certified to the Comptroller of the Treasury, it shall be his duty
tb issue his warrant for such sum of money to the Treasurer in favor
of said commissioner, to be paid out of any money in the Treasury
not otherwise appropriated : Provided, however, hat the cost of the
proceedings shalL be paid out of the fund also. It shall be the duty of
the Attorney General of circuit to attend to taking proof and
examination of the law and facts in said proceeding in behalf of the
45
674
JOURNAL OF
State; which being read, and the sense of the Senate thereon had,
said amendment was adopted; and said bill, as amended, was read a
third time and passed.
Ordered, that the clerk acquaint the-House therewith.
The Senate took up and considered a bill from the House of Repre-
sentatives to continue Dr. Gerard Troost Geologist, Jliineralogist and
Assayer of the State of Tennessee ; which-being read a second time,
Mr. Gardner moved to amend said bill by adding thereto the follow-
ing, to-wit.:
Sec. 1. Be it enacted, That it be, and is hereby made the duty of
Dj\ Gerard Troost, Geologist and Assayer for the State, within the
succeeding two years to visit the western division of the State, (com-
monly called the Western District,) and analyze some portion of the
soil in at least two of the counties of each Senatorial district in said
division, and report the constituent elements of the soils so by him to
be analyzed, to the next General Assembly of this State.
Sec. 2. Be it enacted, That in passing through said division for the
purposes aforesaid, it shall be the duty of said Troost to make a geo-
logical survey thereof, with a view to discover any .metals or minerals
it may contain, and report the result of such examination to the Legis-
lature at its next regular meeting.
Sec. 3. Be it enacted, That it is hereby made the duty of the Trea-
surer of the State to withhold from said Geologist and Assayer one-
third of his annual salary, until he shall be informed that the survey
and analysis contemplated by this act are in actual progress; which
being read, said amendment was adopted.
Mr. moved to lay said bill ou the table, and the question
thereupon being had, was determined in the negative—ayes 10, noes
14.
The ayes and noes being demanded,
The affirmative voters were-:
Messrs. -Hardwicke, Johnson, Maclin, Afar tin, Matthews, Miller,
JUotley, Warner and Waterhouse—10.
The negative voters were:
Messrs. Ashe, Bradbury, Foster, Frey, Gardner, Jennings, LaughUu,
Ledbetter, Nelson, Peyton, Powell, Reneau, Ross and Sevier—14.
So said motion to lay said bill on the table was rejected.
Which bill, as amended, was read a second time, and the question
then recurred upon the passage-of said bill, which being had, was de-
termined in the affirmative—ayes 13, noes 11.
The ayes and noes being demanded,
The affirmative voters were:
Messrs. Ashe, Bradbury, Foster,, Frey, Gardner, Jennings, Laugh-
lin, Ledbetter, Maclin, Peyton, Powell, Reneau and Sevier—13.
The negative voters were :
Messrs. Hardwicke,-Johnson, Martin, Matthews, Miller, Motley, Ross,
Warner, Waterhouse, Williams and mr. Speaker Turney—11.
•So said bill -was passed upon its second reading.
The Senate took up and considered a bid from -the House of Repr?-
THE senate:
675'
sentatives to incorporate the Kingsport Manufacturing Company;
which hill being read a second time,
Mr. Matthews moved to amend said bill by adding thereto the fol-
lowing: Provided, that nothing in this act shall be so construed as to
prevent any future Legislature from altering, amending or repealing
the same, whenever the same shall be required by the good of the
public, or the will of the people; which being read, and the question
upon the adoption of said amendment being had, was determined in.
the negative—ayes 7, noes 15.
The ayes and nays being demanded,
The affirmative voters were:
Messrs. Johnson, Laughlin, Martin, Matthews, Ross,.Warner and
Waterhouse—7.
The negative voters were:
Messrs. Ashe, Bradbury, Foster, Fkey, Gardner, Jennings, Ledbet-
tcr, Miller, Nelson, Peyton, Powell, Reneau,.Sevier,. Williams and mn.
•Speaker Turney—15.
So said amendment was rejected.
The Senate took up and considered a bill from the House of Repre-
sentatives to revive the charter of the Nashville Bank; which bill be-
ing read a second time, and the question upon the passage of, said bill
being had, was determined in the affirmative—ayes 17, noes 6.
The ayes and nays being demanded,
The affirmative voters, were:
Messrs. Frey, Gardner, Hardwicke, Jennings, Johnson, Laughlin,
Ledbetter, Maclin, .Martin, Miller, Peyton, Powell, Ross, Warner,
Waterhouse, Williams andvmr. Speaker Turney—IX
The negative voters were:
Messrs. Bradbury, Foster, Matthews, Motley, Nelson and Reneau.
—6.
So said bill was passed upon its second reading.
Mr. Gardner.moved, to take up the -consideration of a bill from the
House of Representatives to incorporate the Nashville Dam and Lock
Company upon its second reading in the Senate, and the, question,
Will the Senate take up the consideration of said bill ? being had, was
determined in. the negative—ayes 3, noes 22,
The ayes and noes being demanded,
The affirmative voters were:
Messrs. Bradbury, Gardner and Laughlin—3.
The negative voters were:
Messrs. Ashe, Foster, Ftey, Hardwicke, Jennings, Johnson, Ledbet-
tcr, Maclin, Martin,.Matthews, Miller, Motley, Nelson, Peyton, Pew-
ell, Reneau, Ross, Sevier,. Warner, Waterhouse, Williams and mr.
Speaker Turney—22.
So said motion to take up and consider. said..bill. was rejected.
The Senate, on motion of mr. Peyton, took up and considered a re-
solution by him submitted On the 25th January last, to appoint com-
missioners to examine ipto the condition of the branches of the Bank
ef Tennessee; which being read,
676
JOURNAL OF
Mr. Laughlin moved to insert in lieu of said resolution, by adding
thereto after the word u Resolved," the following':
That a special joint committee to consist of one Senator and two-
members of the House of Representatives, the members of which
committee shall reside in each division of the State, be appointed,
with authority to appoint a clerk, a majority of whom shall constitute
a quorum, whose duty it shall be to sit in the recess of the General
Assembly, and with power to send for persons and papers, and to ex-
amine witnesses on oath, and to summon and compel the attendance
of the same, and whose duty it shall be to examine the condition rf
the offices of the Treasurer, the Comptroller and Superintendent of
Public Instruction, and Secretary of State, and to fully investigate the
books, affairs and condition of said offices, and the manner in which
the incumbents of said offices have discharged the duties of the same;
and it thall moreover be the duty of said committee, with the same
powers to examine into the condition, affairs, books, debts, accounts,
funds, property, dealings in stocks, bonds, notes, bills with individuals
or corporations, and business of the Bank of Tennessee and its s:ver-
al branches, of the Union Bank of Tennessee aud branches, the Plant-
ers' Bank of Tennessee and branches, and the Farmers' and J/er-
chants' Bank of fl/emphis; and the same committee shall have power
to examine the President, Cashier and Clerks of said banks, and all
other witnesses, on oath; and it shall be the duty of said committee to
make a full report of their proceedings, and the facts and proofs by
them collected, to the next session of the General Assembly, whether
the same shall be a called session or a regular session.
2. Resolved, That it shall also be the duty of said committee to fully
investigate and examine into the condition and business, affairs, pro-
gress, debts, liabilities, contracts and dealings of the Hiwassee Railroad
Company, and of the La Grange Railroad Company; and that in
making said investigations, the said committee shall have power to ex-
umine the Presidents and officers of said companies on oath, and to
send for persons and papers, and examine witnesses on oath; and that
said committee take a full account of all the expenditures, including
salaries paid by said companies, and make report of all facts and proof
by them collected to the next session of the General Assembly, whe- '
tlier the same be a called or regular session of the same.
3. JResolved, That .these resolutions shall be a sufficient warrant and
authority to said committee, and that be, and he is hereby
appointed of said committee on the part of the Senate, and —
and on the part of the House of Representatives; and said
members of said committee shall be allowed three dollars each per
day while actually employed in travel or otherwise under these reso-
lutions; which being read, said resolutions and amendment were laid
on the table.
A message from the House of Representatives, by mr. Mitcheil, their
clerk:
Ma. Speaker: The Speaker of the House of Representatives dil
this day sign the following enrolled bills, entitled as follows, to-wit:
THE SENATE.
An act for the correction of certain mistakes in the entry of lands m
the Ocoee District, and for other purposes.
Au act to -impose certain duties on overseers of roads.
An aet to ameud the second section of an net entitled an net. to pre-
vent the poisoning of fish in any of the waters of this State, passi- d
Nov. 19th, 1833, chapter 74.
An act to amend the penal laws of this State.
An act to extend the Rhea Academy in the tow111 of Greensville,
and for other purposes.
An act to amend the law of discounts in certain cases, and for other
purposes.
An act to amend an act entitled an act to amend an act to dispos •
of the lauds in the Ocoee District, passed the 28th of November, 1839,
chapter S.
Au act to restore John Wilson of Blount county, William Hamilton
•of Rutherford, and Alonzo M. t. Bostick of Benton county, to the
privileges of citizenship.
An act giving furtlur time to former Sheriffs to collect arrearages
i f taxes.
An act to repeal an act declaring the Ocoee river navigable.
The House of Representatives have taken up, read and indefinitely
postponed upon its third and last reading a bill from the Senate to
am md an act entitled au act to authorise suits to be. brougut joimly
against the makers and endorsers of provisory notes and otucr ins tint-
men ts.
Aim, a bill from the Senate to encourage the culture of silk in the
Stale of Teupessee read a third time and passed.
Which I am directed to transmit to the Senate.
The House of Representatives have adopted a resolution proposing
that the Senate me 4 the House of Representatives in their Hall on
Saturd ly the 7th instant, for the purpose of electing an Attorney Gen-
era! for the 14th Judicial Circuit.
Which I :un directed to transmit to the Senate and ask a concurrence
therein.
And theu lie withdrew.
Whereupon the Speaker of the Senate did sign said enrolled acts,
and directed that the same be re-transmitted to the House of Repre-
sentatives for the further action of the House thqreoh to be had.
The Senate took up and considered a message from the House of
Representatives, transmitting a resolution proposing that the Senate
meet the Hons 1 of Representatives in their Hall on Saturday the 5th
instant for thj purpose of electing an Attorney General for the lRh
Judicial Circuit.
Which being read the Senate concurtherein.
Ordered that the clerk acquaint the House of Representatives ther^
with.
The Senate took up and considered the report of the committee ct
conference on the disagreement of the two houses on the bill from the
House of Representatives to amend the laws now in force in relation
to free persons of color.
178
JOURNAL OF
Which being read, and the question upon the passage of the bill as
recommended by the committee of confidence, being had was deter,
mined in the affirmative—ayes 13, nays 11.
The ayes and noes being demanded,
The affirmative voters were :
Afessrs. Bradbury, Gardner, Jennings, Johnsonj Laughlin, Nelson,.
Peyton, Powell, Reneau, Ross, Sevier, Williams audmr. Speaker Tur-
ney—13.
The negative voters were :
Messrs. Ashe, Foster, Frey, Ledbetter, Maclin, Martin, Matthews,
Miller, Motley, Warner and Waterhouse—11.
So said bill as amended, was passed upon its third and last reading in
the Senate, and was ordered to be transmitted to the House of Rep-
rcsentatives.
Ordered that the clerk acquaint the House of Representatives there-
with and ask a concurrence in the amendments to said bill, upon the
report of the committee of conference.
Mr. Peyton moved to take up a message from His Excellency the
Governor of the State of Tennessee nominating twelve directors of the
Bank of Tennessee for the next two years.
And the question u will the Senate take up and consider said message?"
being had was determined in the negative—a^es,I2, nays 12.
The ayes and noes being demanded,
The affirmative voters were :
Messrs. Ashe, Bradbury, Foster, Frey, Jennings, Ledbetter, Motley,
Nelsoo, Peyton, Reneau, Sevier, and Williams—12.
The negative voters were :
Messrs. Gardner, Hardwicke, Johnson, Laughlin, Maclin, Matthews,
nailler, Powell, Ross, Warner, Wateihouse and nn\ Speaker Turney—
12.
So said motion to take up and consider said message was rejected.
Mr. Frey, chairman of the committee on enrollments, retried as cor-
rectly enrolled, a bill entitled an act to establish the county of Putnam,
to perpetuate the name and public services of Gen. Israel Putnam ol the
revolutionary war.
Wheieupon the Speaker of the Senate did sign said enrolled act,
and oideredthat the same be transmitted to the House ol Represen-
tat ices.
The Senate took up and considered a bill from the House of Repre-
sentativesfo ampnd the several acts passed heretofore in relation to the
corporation of the town of Jonesborough.
Which bill was read a second time and passed.
The Senate took up and considered the following bills from tbe House
of Representatives, to wit;
A hill to amend and extend the charter of the White's Creek Turn-
pike road.
A hill 1o amend the several acts in this State respecting costs.
A bill to establish the 23rd and 24th Brigades of Tennessee Militia—
THE SENATE.
679
the 23rd of the counties of Fayette and Shelby, and the 24th of the
county of Maury.
Which bills severally were read a second time and passed.
A message front the House of Repiesentalives by mr. Mitchell their
clerk :
Jlu. Speaker : The Speaker of the House of Representatives did
this day sign the following enrolled bills, entitled as follows, to-wit:
An act to impose certain duties on overseers.
An act to amend the penal laws of this State.
An act to amend the second section of an act entitled an act to prevent
the poisoning of fish in any of the watersolthis- S ate, passed November
19th, 1S33, chapter 74.
An act to extend the Rhea Academy in the town of Greeneville, and
for other purposes.
An act to amend the laws of discounts in certain cases, and for other
purposes
An act giving further time to former Sheriffs to collect arrearages of
taxes.
An ar t to restore John Wilson of Blount county, William Hamilton of
Rutherfoid county, anil A'onzo D. Boatick of Benton county, to the priv-
ilege of citizenship.
Which I am directed to transmit to tire Senate.
And then he withdrew.
Whereupon the Speaker of the Senate did sign said several enrolled
acts, and ordered that the same be re transmitted to the ITou-'e of Repre*
sentatives tor the further action of tire House thereon to he had.
A message from the House of Representatives by mr. Mitchell their
. Cleik :
Mr Speaker : The House of Representatives concur in the Senate's
amendment in lieu of a bill from the House to prevent ihe issuing and cir-
culating change bills or tickets of any size or denomination whatever.
The H'»use of Representatives concur in the amendments of the Sen-
ate to the hill of the House to amend an act entitled an act to distribute
an hundred thousand dollars among the several counties of Middle Ten-
nessee and tor other purposes.
The House of Representatives non-concur in the amendment of the
Senate to the hill of the House to amend the charter of the Obion Turn-
pike company.
The Hou-e, of Representatives concur in the amendment of the Sen-
ate to the bill of the House directing the Secretary of State to have
bound certain pamphlet acts and for other purposes.
Which 1 am directed to transmit to the Sena'e.
And then he withdrew.
The Senate took up and considered a bill from the House of Repre-
sentatives to incorporate the Kingsport Wool Manufacturing company.
Which hill was read a second time, when mr. Matthews offered the
following amendment
Beit enacted, That nothing in this act contained shall be so construed
as to prevent any-future Legislature from altering, changing, modifying or
630
JOURNAL OF
repealing this charter, if in the opinion of the Legislature the public
good requires it, or the people demand it. .
Whi :h being read and the sense of the Senate thereon being had said
amendment was rejected.
The question then recurred upon the passage of said bill, which being
had was determined in the affirmative;
So said bill was passed upon its second reading in the Senate.
SATURDAY, FjEB. 5, 1842.
Ordered that the cleric respectfully request the House of Represents-
tives lo re-transmit a bill from the House of Representatives for the re-
lief of James P. Keith and Allen Burdett, rejected in the Senate on its
first reading.
The Senate by a rule thereon prevailing had directed the further con-
sideration of said bill.
The Senate took up and considered a bill from the House of Repre-
seutatives making allowance to certain purchasers and assignees of pur-
chasers of reservations in the Hiwa*see District.
Which bill was read a third and last lime, and the question upon the
passage of said bill being had was determined in the affirmative—ayes 12,
nays 7.
The ayes and nays being demanded,
The affirmative voters were :
Messrs. Bradbury, Foster, Frey, Gardner, Jennings, Johnson, Miller,
Nelson, Peyton, Rfneau, Sevier, and isr. Speaker Turney—12.
The negative voters were:
Messrs. Laughlin, Macliir, Martin, Matthews, Motley, Ross and War-
ner—7.
Sq said hill was passed upon its third and last .reading in the Senate,
and was ordered to be transmitted to the House of Representatives for
enrollment.
The Senate'took up and considered a message from the Hou-e of Rep-
resentatives, tra'nsmitting the non-concuirence of the House, to the Sen-
ate^s amendments to ihe bill of the House to appoint commissijneis on
the Beans1 Station Turnpike road,
"Which being read, llie Senate re-cede from their said amendment to
said bill.
.Oidered that, the clerk acquaint the House therewith.
The Senat< took up and considered a bill from the House of Repre-
sentatives, for .'he relief of James P. Keith and Allen Burdeth.
Which bil' as read a second time and rejected.
Oidered tl said bill be transmitted to the House of Representatives^
and that the < ik announce to the House of Representatives the rejee-
tion of said bill
The Senate t ^ok up and considered a bill from the House of Repre-
THE SENATE.
081
ecntatives to change the lime of holding the Chancery Courts at Louis-
burg, in the county of Marshall.
Which bill wa« read a third and last time, and the question upon the
passage of said bill being had, was determined in the affirmative.
So said bill was passed upon its third and last reading in the Senate,
and was ordered to be transmitted to the House of Representatives (or
enrollment.
The Senate took up and considered a bill from the House of Represen-
tatives, to amend and extend the charter of the White's Creek Turnpike
company.
Which bill as amended, was read a third and last time, and the ques-
tiomrpon the passage of said bill was had, and determined in theaffirma-
live.
So said bill as amended was passed upon its third and last reading in
the Senate, and was ordered to be tiansmilted to the House tf Represent
tatives.
Ordered that the clerk announce to the House of Representatives the
Senate's amendment to said hill, and ask a concurrence therein.
Mr. Frey, chairman ot the committee on Enrollments, repOits as cor-
Tectly enrolled the following entitled hills, to wit :
An act to alter the county line between the counties of Knox and
Grainger.
An a :t to am »n 1 the act of 1833, chap er 13.
Whereupon the Speaker of (lie Senate did sign said enrolled acts, and
directed that the same he transmitted to the House of Representatives
A message from th'e House of Representatives by mr. Jl/itthell thtii*
clerk :
«3/r, STeaker : The Ilorre of Representatives have taken up and cue-
sidered the following bills fiomthe Senate, which the.House ot Represen-
tatives have rejected upon their third and last Tr ading, to wit :
A bill to make provision for the Supreme couit of Errors and appeals.
A hill )o amend an act, entitled an act, to authorise suits to be broucl t
jointly against the makers ai|d endorsers of promisory notes anil oilier in-
strumenls.
A hill for the relief of Sommerville College.
A bill to authorise the Bank of Tennes ee and branches to ri new ail
notes of two hundred dollars and under, by calling in ten per cent.
A bill to define and make certain the manner of la} ins out private waits
A bill to amend the act.of 1831, chapter 52, and 1827, chapter 49.
The lollowiug bills from the Si nite were indefinitely postpone 1 u] on
their second reading in the House of Representatives, to wit:
A bill to appropriate the State tax of Ilat din county for two years to
county purposes.
A bill to establish the line between the counties of Overton and Jack-
son.
A bill to regulate the fees of Attorney Generals in certain'cases.
A bill for the relief of Humphreys and Benton counties.
■A bill to provide for but two, instead of three annual terms of the Cir-
682
JOURNAL. 03?
cuit court, In each of the counties west of the Tennessee river, and to fix
the time of holding the same.
And the following resolutions from the Senate, were indefinitely post-
poned upon their first reading in the House of Representatives, to wit;
A resolution directory to the keeper and every other officer of the Pen-
iteniiary.
The following bills from the Senate were rejected- upon their third ard
last reading in the House of Representatives, to wit;
A bill to provide for the change of venue in civ.il cases.
A bill to provide for an Entry taker in the county of Polk, and for
other purposes.
A bill to provide for and secure femes covert, in the possession and
enjoyment of property.
A h'll to establish the county of Mulberry, was rejected upon its second
reading in the House of Representatives.
The. Speaker of the House of Representatives did this day sign the
following enrolled hills, entitled as follows, fo wit:
An act for the relief of Abethel Wallace. Sheriff of Stewart county.
An act to establish a University at Lebanon, in Wilson county.
An act to authorise the building of dams across Duck river, above the
town of Columbia, of certain dimensions.
An act for the relief of securities and endorsers in certain cases.
An act to incorporate the Penitentiary Turnpike com}«ny.
An act to amend the charter ot Martin Academy, at Jouesborpugh, and
for ottier purposes.
An act to incorporate the town ot Harrison, in Hamilton county.
A resolution directory to the Governor and Secretary of Slate, re-
quiring them to procure a title to lands on which the Lunatic A>)lum is
situated. Which I am directed to transmit to the Senate.
And then he-withdrew.
Whereupon the Speaker of the Senate did sign said several enrolled
acts and enrolled resolution, and directed that the same be transmitted
to the House of Representatives for the further action of the House
thereon to be had.
Tiie Senate took up and considered a bill from the House of Repre-
sentatives to continue Doctor Gerard Troost Geologist, Mineralogist,
and Assayer of the State of Tennessee.
Which bill being read a third and last time—when mr. Ledbetfer
moved to amend said bill by striking out the third section, and the
question thereon being had was determined in the affirmative.
So said amendment was adopted.
And said bill as amended was read a third and last time, and the
question upon the passage of said bill being had, was determined iu
the affirmative—ayes 13, nays 12.
The ayes and nays being demanded,
The affirmative voters were:
Messrs. Ashe, Foster, Frey, Jennings, Laughlin, Ledbetter, Maclin,.
Motley, Nelson, Peyton, Reneau, Ross, and Sevier—13.
The negative'voters were:
Messrs. Bradbury, Gardner, Hardwicke, Johnson, Martin, Mat-
THE SENATE.
thews, Miller, Powell, Warner, Waterhouse, Williams, and mr. Speak-
er Turney^—12.
So said bill, as amended, was passed upon its third and last reading
in the Senate, and was ordered to be transmitted to the House of Re-
preservatives.
Ordered that the clerk acquaint the House with the Senate's amend-
ment made to said bill and. ask a concurrence therein.
The Senate took up and considered a bill to divide the State into
Senatorial and Representative Districts.
Mr. Ledbetter moved to raise a committee of conference on the dis-
agreement between the two Houses—when the Speaker decjared
said motion as being in order, that q'uestion having been raised—
Mr. Laughlin appealed from the decision of the Speaker to the
Senate—and the question thereupon being.had, was determined in the
affirmative — ayes 11, nays 11.
The ayes and noes being demanded,
The affirmative voters were :
•Messrs. Ashe, Bradbury, Foster, Frey, Jennings, Ledbetter, Mot-
ley, Nelsou, Peyton, Reneau and Sevier—11.
The negative voters were :
Messrs. Gardner, Hardwicke, Laughlin, Maclin, il/artin, Matthews,
Miller, Powell, Ross, Warner, and Waterhouse—11.
' So the decision of the chair was sustained.
The question then recurred upon the raising of a committee upon
the disagreement of the two Houses, which being had was deterrnin-
edin the negative—ayes 12, nays 13.
The ayes and noes being demanded,
The affirmative voters were:
il/essrs. Ashe, Bradbury, Foster, Frey, Jennings, Ledbetter, motley,
Nelsou, Peyton, Reneau, Sevier, and Williams—12.
The negative voters were :
ii/essrs. Gardner, Hardwicke, Johnson, Laughlin, Maclin, il/artin,
Matthews, Miller, Powell, Ross, Warner, Waterhouse, aud mr. Speak-
erTurnev—13.
So said motion to raise a committee of conference o.n the disagree-
ment of the two Houses on said bill was rejected.
The Senate took up and considered a bill from the House of Repre-
sentatives, to amend the several acts in this State.respecting costs.
Mr. moved to amend said bill by striking out the 1st and 2d
sections of said bill, which being read and the sense of the Senate
thereon had, said amendment was adopted.
And said bill as amended was read .a third and last time, and the
question upon the passage of said bill being had, was determined iu
the affirmative—ayes 17, nays 6.
The ayes and noes being demanded,
The affirmative voters were :
Messrs. Ashe, Bradbury, Foster,Frey, Hardwicke, Jennings,Laugh-
lin, Ledbetter, Miller, Motley, Peyton, Powell, Reneau, Ross, Sevier,
Williams and mr. SpeakerTurney—17.
The negative voters were
JOURNAL OP
Messrs. maclin, Martin, Matthews,-Nelson, "Warner, and Waterhousf
—6,
So said bill as amended was passed upon its tliird and last reading n
the Senate, and ordered to be transmitted to the House of Representa-
tives.
Ordered, that the clerk acquaint the House of Representatives with
the Senate's amendments and ask a concurrence therein.
The Senate took up and considered a bill from the House of Rep-
reseutatives to extend the limits of the corporation of ."Brownsville.
Which bill was read a third and last time—and the question, shall
said bill pass? was had and determined in the affirmative.
So said bill was passed upon its third and last reading-in the Semite,
Was orrlered to be transmitted to the House of Representatives for
enrollment.
A message from the House of Representatives by mr. Mitchell tfleir
Clerk.
Mr. Speaker: The House of Represents tives have taken up and
read a third and last time the following entitled bills from the Senate,,
■n -wit:
A bill- to provide for the payment of certain public charges.
A bill to incorporate the Montgomery Wharf Company.
A bill to authorize the Planters1 Bank to discontinue its branch a.
Athens and establish it at Chattanooga, and far other purposes.
A bill to repeal the seventh section of an act entitled an act to m-
orpornte a Literary Institution in the town of J'/aryville, in Blount
lounly, to h > styled the JMaryville College, passed 14th January, l.S4iJ
Which hills were read a third and last time and passed—which I
. n directed to transmit to the Senate.
And then he withdrew.
The Senate took Up and considered a bill from the House of Rep-
r^uffii tives to incorporate the Kingsport Wool Manufacturing Com-
pany.
Wlne'i bill was read a third and last time, and the question upon
? i' passage of said bill was had and determined iti the affirmative.
So said hill was passed upon its third and h st reading in the Sen-
d an I was ord nod to he transmitted to the House of Represeuta-
tiv 'S for enrolluiuR,
Th i Senate too* up and 'considered a bill from the House of Repre-
s utatives to amend an act entitled an act to distribute one hundred
th nisniid dollars among the several counties of Middle Tennessee, and
tor other purposes.
Whi< 'i-biti was read a-third and last time, and the question upon
the passage of said bill was had and determined in the affirmative—
ayes 17, nays 5.
The ayes and nays being demanded,
The affirmative voters were:
Messrs. Ashe, Bradbury, Foster, Frey, Gardner, Hardvvicke, Jen-
lungs, Langhlin, Maclin, Martin, Miller, Powell, Reneau, Sevier, Wa-
tcrhouse, Williams and mr. Speaker Turncy—17.
The negative voters were:
THE SENATE.
685
Messrs. Matthews, Motley, J^elsoiv, Peyton and Warner—5.
So said bill was passed upon its tfiird and last reading in tH 3 Sen-
te, and was ordered to be transmitter I to the House of Representatives
or enrollment.
A message from the House of Representatives by mr. Mitchell their
:lerk:
Mr. Speaker : The House of Repre** erttntives have taken a recess
jreparatory to the going into the election of an Attorney General fon
he 14th Judicial Circuit set apart for thi^ day.
And then he withdrew.
Whereupon the Senate took a recess preparatory to meeting the
House of Representatives in convention to go into the election set
apart for this day under a joint resolution of both Houses of the Gen-
eral Assembly.
The Speaker of the Senate having called the Senate to order, when
A message from the House of Representatives, by mr. jYlUcliell their
clerk:
Mr. Speaker : The House of Representatives are now ready,
awaiting the Senate to meet in convention in the Hall of the House, to
go into the election of Attorney General for the 14th J udiciai Circuit
set apart for this day.
* And then he withdrew.
Whereupon mr. Speaker Turney, and Gentlemen of the Senate re-
paired to the Hall of the House of Representatives and met the House
in convention.
Mr. Speaker Turney and mr. Speaker Douglass in the chair of the
Speaker of the House of Representatives.
And the resolution calLing a convention of both Houses of the Gen-
eral Assembly being read—
When mr Speaker Turney declared that nominations were in or-
der.
Whereupon, N. B. Burrow, H. Strange, A. M. Dougal, Solon E.
Rose, and mr. Mack, were put in nomination for the office of Attor-
ney General for the 14th Judicial circuit.
The convention proceeded viva voce to elect an Attorney General
for the 14th Judicial Circuit.
Senators voting for mr. Burrow were:
Messrs. Ashe and Bradbury, 2.—The votes cast by the House of
Representatives for mr. Burrow as reported being S—in all 10.
Senators voting for mr. JlicDougal were :
wl/essrs. Maclin, Matthews and Miller, 3.—The vote cast by the
House of Representatives for mr. McDougal as reported being 12—in.
all 15.
Senators who voted for mr. Rose were:
Messrs. Jennings, Martin, Motley, Peyton Rencau, Ross and WTiI-
iiams, / — vote cast by the House of Representatives for mr. Rose
as report eing 27—in all 34.
Senator * >ting for mr. Strange were :
Messrs < rdner, Hardwicke, Johnson, Laughlin, Powell, Sevier,
Warner, ^ 'derhouse and mr. Speaker Turney, 9.—The votes cast of
d86
JOURNAL OF
the House of Representatives for jmr. Strange as reported being 18—
in all 27.
Senators voting for mT. Mack were:
Messrs. Foster, Frey, Ledbette'r and Nelson, 4.—The votes cast by
the House of Reprsentatives for mr. .Mack as reported being 9—in all
13.
Neither of said candidates having a majority of all the votes cast
in said Convention the Speaker of the Senate declared that there was
no election; and the question " Shall the convention proceed in said
election ?" being had was determined in the affirmative.
Whereupon, the convention proceeded viva voce, a second time, to
elect an Attorney General for the 14th judicial circuit.
Mr. Ashe voted for rnr. Burrow.
The votes cast by the House of Representatives for mr. Burrow as
reported !being 7—in all 8.
Senators who votejd for mr. McDougal were.
Messrs. Matthews and Miller—2.
The votes cast by the House of Representatives for mr. McDougal
as reported being 9—in all 11.
Senators who voted for mr. Rose were:
Messrs. Bradbury, Foster, Jennings, Martin, Motley, Peyton, Reneau,
Ross and Williams—9.'
The votes cast by the House of Representatives for mr. Rose as re-
ported "being 29—in all 38.
Senators who voted for mr. Strange were:
Messrs. Gardner, Hardwicke, Johnson, Laughlin, Maclin, Powell,
Sevier, Warner, Waterhouse and mr. Speaker Turney—10.
The votes cast by the House of Representatives for mr. Strange as
reported being 22—in all 32.
Senators who voted for mr. Mack were:
Messrs. Frey, Ledbetter and Nelson—3.
The votes cast by the House of Representatives formr. Mack as re-
ported being 5—in all 8.
Neither of said candidates having a majority of all the votes cast in
said convention, the Speaker of the Senate declared that there was no
election, and the question, Shall the convention proceed in said elec-
tion ? being had, was determined in the affirmative.
Whereupon, messrs. Burrow and Mack withdrew their names, and
^declined further canvass for said office.
The convention then proceeded viva voce, a third time, to elect an
Attorney General for the 14th judicial circuit.
Senators who voted for mr. McDougal were:
.Messrs. Matthews and Miller—2.
The votes cast by the House of Representatives for mr. McDougal
as reported being 3—in all 5.
Senators who voted for mr. Rose were :
Messrs. Ashe, Bradbury,Foster, Frey, Jermings, Ledbetter, Motley,
Nelson, Peyton, Reneau, Ross and Williams—12.
The votes cast by the House of Representatives for mr. Rose as re-
ported being —in all 50.
THE SENATE.
68 7
Senators who voted for mr. Strange were:
Messrs. Gardner, Hardwicke, Johnson, Lauighlin, juacliti, Martin,
Powell, Sevier, Warner, Waterhouse and mr. Speaker Turney—II.
The votes cast by the House of Representatives' for mr. Strange as
reported beihg 31—in all 42.
It appearing that Solon E.Rose had the highest number, and a ma-
joritv of all the votes c'ast in said convention, the Speaker of the $e-
nate declared that Solon E. Rose was duly and constitutionally ejected
Attorney General for the 14th judicial circuit, in the State of Tennes-
see, for the next ensuing six years from this day.
Whereupon, the convention rose, and mr. Speaker Turney and gem-
tlemen of the Senate retired to their o wn chamber and resumed their
session; when
The Senate adjourned until 2 o'clock, >p. m.
EVENINU SESSION.
The Senate took up and considered a bill from the House of Repre-
sentatives to amend the law iri- relation to free persons of color; when
Mr. Jennings moved a re-consideration of the report of the commit-
tee of conference upon the disagreement of the two House,s on said
bill; when the Speaker declared and ruled said motion as being out
of order.
The Senate took up and considered a bill from the House of Repre-
sentatives to remedy the informality of deeds of conveyance and other
instruments executed by an attorneys when
Mr. -Foster offered an amendment to said bill, which being read and
considered by the Senate, said amendment- was rejected.
Mr. Lauglilin moved an amendment to said bill, which being read,
said amendment was adopted. And said bill, as amended, being read
a third and last time, and the question upon the passage of said bill
was thereupon had and determined in'the affirmative—ayes-16, noes 7.
The ayes and noes being demanded,
The affirmative voters were:
Messrs. Ashe, Bradbury, Foster, Frey, Hardwicke, Jennings, John-
son, Laugh-Lin, Ledbetter, Jlfiher, Peyton, Powell, Reneau, Warner,
Williams and mr. Speaker Turney—'16.
The negative voters were :
Messrs. Maclin, JV/artin, Matthe ws, Motley, Nelson, Ross and Wa-
tejhouse—7. -
So said hill, as amended, was passed upon its third and last reading
in the Senate, and was ordered to be transmitted to the House of Re-
presentatives.
Ordered, that the clerk acquaint the House of Representatives with
the amendment of the Senate to said bill, and ask a concurrence-there-
in.
The Senate took up and considered a bill from the House of Repre-
sentatives, distinguished by its No 109; when
Mr. Ashe moved to-amend said bill, offering two separate and dis-
tinct amendments thereto, which being tread and considered, said
JOURNAL OF
amendments were adopted. And said bill, as amended, was read a
third and last time, and the question upon the passage of said bill was
'had and determined in the affirmative.
S J said bill, as amended, was passed upon its third and lad reading
in the Senate, and was ordered to be transmitted to the House of lie-
presentatives.
Ordered, that the clerk acquaint the House of Representatives with
the amendments made by the Senate to said bill, and ask a concur-
rence therein.
Mr. Frey, chairman of the committee on enrollments, reported as
correctly enrolled the following entitled bills, to-wit:
An act to amend the laws regulating divorces.
An act to encourage the culture of silk in the State of Tennessee.
An act for the better security of public ferries.
An act to amend the laws now in force in relation to the adminis-
tration of the estates of deceased persons.
An act to encourage domestic manufactures.
Whereupon the Speaker of the Senate did sign said several enrolled
nets, and ordered that the same be transmitted to the House of Repre-
sentatives.
The Senate took up and considered a bill from the House of Rep-
resentatives for the benefit of occupant settlers south and west of the
congressional reservation line, in certain cases. •
Which being read, mr. Ledbetter moved to amend the caption of
said bill by adding thereto the following, after the words—
Which being read, said amendment was adopted.
And said bill as amended was read a third and last time, andtla
question upon the passage of said bill being had, was determined in
the affirmative.
So said bill, as amended, was passed upon its third and last reading
in the Senate, and was ordered to be transmitted to the House of Re-
presentatives.
Ordered that the clerk transmit said bill to the House of Represen-
tatives, and inform the House of the Senate's amendments to said bill,
and ask a concurrence therein.
Tfie Senate took up and considered a message from the House of
Representatives to certain resolutions adopted by the Senate, requir-
ing the Banks of Tennessee to resume and continue specie payments.
Which being read, and the question upon the concurrence of the
Senate in the amendments of the House of Representatives to said
resolution being had, was determined in the negative —ayes 12, nays
13.
The ayes and noes being demanded,
The affirmative voters were :
Messrs. Ashe, Gardner, Ilardwicke, Johnson, Laughlin, Maclin,
A/atthews, Powell, Ross, Warner, Wateffiouse and Williams—12.
The negative voters were :
Messrs. Bradbury, Foster, Frey, Jennings, Ledbetter,Martin, il/iller,
A/otley, Nelson, Peyton, Reneau, Sevier, and mr. Speaker Turney—
13.
THE SENATE.
689
So said amendment was non-concurred in.
Ordered that the clerk acquaint the House of Representatives there-
with.
Mr. Nelson moved that the Senate take up and cotlsider the mes-
sage of his Excellency, transmitting the nomination of twelve persons
as Directors of the Bank of Tennessee for the next ensuing two
years, aud the question thereupon being had, was determined in the
negative—ayes 12, nays 13.
The ayes and noes being demanded,
The affirmative voters were :
Messrs. Ashe, Bradbury, Foster, Frey, Jennings, Ledbetter, Jlfotley,
Nelson, Peyton, Reneau, Sevier, and Williams—12.
The negative voters were:
Messrs. Gardner, Hardwicke, Johnson, Laughlin, aiaclin, Martin,
Matthews, Miller, Powell, Ross, Warner, Waterhouse, and mr.Speaker
Turney—13.
So said motion to take up and consider said message was rejected.
The Senate took up and considered a message from the House of
Representatives, transmitting the amendment of the House to the
Senate's bill to authorize the Planters' Bank to discontinue its Branch
at Athens and establish it at Chattanooga, and for other purposes.
Which being read, the Senate concur in said amendments.
Whereupon mr. Maclin moved to amend said amendments by add-
ing thereto the following:
Provided, the citizens of the town where said Branch is proposed
to be established, shall desire it.
Which being read, and the sense of the Senate thereon being had,
said amendment was adopted.
Ordered that the clerk acquaint the House with said amendment,
and ask a concurrence therein.
The Senate took up and considered a bill from the House of Repre-
sentatives to revive the charter of the Nashville Bank.
Which being read a third and last time—when mr. Jennings moved
to amend said bill by adding thereto the following:
Provided, no claimant against said Bank, other than the State of
Tennessee, sh^all be benefitted by the passage of this act.
Which being read, and the question upon the adoption of said
amendment thereupon being had, was determined in the negative— ■
ayes 10, nays 14.
The ayes and noes being demanded,
The affirmative voters were :
Messrs. Ashe, Bradbury, Foster, Frey, Jennings, Ledbetter, Nelson,
Peyton, Reneau, and Williams—10.
The negative voters were :
Messrs. Gardner, Hardwicke, Johnson, Laughlin, Maclin, Martin, Mat-
thews, Miller, Motley, Powell, Ross, Warner, Waterhouse and mr.
Speaker Turney—14.
So said amendment was rejected.
4G
690
JOURNAL OF
The question then recurred upon tiip passage of said bill, which being
had, was determined in ihe affiimative—ayes^ 17, noes 6.
The a\es and noefi being demanded,
The affirmative voters were:
Messrs. Ashe, Frey, Gardner, Hardwicke, Johnson, Laughlin, Maol'm,
Martin, Miller, Motley, Peyton, Powell, Ross, YVarner, Watei house, Wii-
iiams and ntr. Speaker Turney—17.
The, negative voters were :
Messrs. Btadbury, Foster, Jennings, Matthews, Nelson, and Reneau
—6.
So said bill was passed upon its third and last reading in the Senate,
and was ordered to be transmitted to the House of Representatives for
enrollment.
The Senate took up and considered a bill from the House of Represen-
tatives, to eteate the 2Sd and 24th Biigades of Tennessee »/l/ititia, the
23d of the Counties of Fayette and Shelby, and the 24th of the county
of AJaury.
Which bi^l as amended was read a third and last time and the question
upon the passage of said hilt was had, and detei mined in the alternative.
So said lull as amended was passed upon its third and la>u leading in the
Senate, and was ordered to be liansmit'ed to the llou*e of iUpiesenta-
lives
Ordered that the clerk acquaint the House of Representatives uilh the
Senaie's amendment to said bill, and ask a coneutreme theieiu.
The Senate took up and considered a bill from the House of Repre-
sematives, to appoint commissioners on Scott's Turnpike toad, leading
through Fentress coun'y, and for other purposes.
W hich bill being read a Hitid and last Mine, and the quesi'mn upon the
passage of said lull being had, was d««ei mined >n the affirmative.
So said hU was parsed upon its third and last reading in the Senate,
and was ordered to be tiansmMed to the House of Repiesenlalives lor
enrollment.
Tbe Senate took up and considered a hill firm the House of Repre-
septa'ives to change and amend the act ot 1839-40, chapttr 102, sec-
lion 8.
Which hill was read a tiiiid and last time, and the question upon the
passage of said lull being had, was detei mined m the, affiimative.
So said hill was passed upon its thud aud last reading in the Senate,
and was oidered to he transmitted to the House of liepiesentatives for
enrollment.
The Senate took up and considered a hill from the House of Rcpresrn-
Natives, to repeal the 3d section of an act incorporating the town ol Taze-
>vell.
Which bill was read a third and last t-me, and the question upon the
passage of said hill w as had, and deteinimed in the native.
So said bill ivas rejected upon its third and hst reading in the Senate,
and was ordered to be transmitted to the llom-e of Repiesentatives,and
that the cleib announce to the House the rejection of sa d bill.
THE SENATE.
691
A message from the House of Representatives by mr. .Mitchell their
deik :
J\Jr. Speaker : The House of Representatives have taken up, read a
third and last time, and passed with an amendment, a bill of the Senate,,
Cor the relief of and to refund to Thomas R. Hacke.fi late Sheriff of Rhea
county, the sum of $45 49 cts , in which amendment the House asks the
concurrence of the Senate.
Also, a bill to change the time of holding the Circuit Courts in the
county of Giles, and for other purposes.
Which I aril directed to transmit to the Senate.
The House of Representatives have read a third and last time and
passed with amendments, the Senate's bill for the benefit of the Co-
lumbia, Elkton and Alabama- Turnpike company, and for other pur-
poses.
The House of Representatives concur in the amendment of the Sen-
ate to the amendment made by the House to the Senate's bill as
amended, to amend the charter of the Planters Bank of Tennessee.
And the amendment of the Senate to the amendment of the House
made to the Senate's-bill * * * *
*******
The Senate, on motion of mr. Ross, re-consid"ered the vote of the •
Senate rejecting a bill from the House of Representatives to repeal the
3rd section of an act incorporating the town of Tazewell.
Whereupon said-bill was read a third and last time, and the qnes-
tion upon the passage of said bill being had was determined in the af-
firmative.
So said bill was passed upon its third and last reading in the Se-
nate, and was ordered to be transmitted, to the House of Representa-
tives for enrollment.
The Senate took up and considered a bill from the Ilonse of Repre-
sentatives to authorise the refunding of money to Sheriffs .and tax
collectors in certain cases.
Which bill was read a third and last time, and the question upon the
passage of said bill being had was determined in the affirmative—
ayes 13, nays 6.
The ayes aud noes being demanded,
The affirmative voters were:
Messrs. Ashe, Foster, Frey, Gardner, Ilardwicke, Johnson, Laugh-
iin, Maelin, Matthews, Miffer, Reneau and Ross—13.
The negative voters were :
Messrs. Martin, Motley, Nelson, Warner, Waterhouse and mr.
Speaker Turtiey- G.
So said bill was passed upon its third and last reading in the Sen-
ate, and was ordered to be transmitted to the House of Representatives
for enrollment.
The Senate took up and considered a bill from the House of Repre-
sentatives in regard to School Lands.
Which bill was read a third and last time, and the question upon the
passage of said bill was had, and determined in the affirmative.
So said bill was passed upon its third and last reading in the Senate,
692
JOURNAL OF
was ordered to be transmitted to the House of Representatives for
enrollment.
Mr. Powell submitted the following:
Resolved by the General Assembly of the Slate of Tennesseey
That of the county of be and he is hereby chosen u
Senator in the Congress of the United States to fill out the unexpired
term of the late Felix Grundy, dec'd, for four years from the 4th of
J/arch last
Resolved by the General Assembly of the State of Tennessee,
That of the county of be, and he is hereby chosen a
Senator to the Congress of the United States for six years from the
4th of March last.
Which being read was laid on the table.
The Senate took up and considered a bill from the House of Repre-
sentatives to amend au act. entitled an act to prescribe certain duties to
be performed by the clerks of the several Courts in this State.
Which bill was read a third and last time, and the question upon
the passage of said bill being had was determined in the affirmative—
ayes 12, noes 5.
The ayes aud noes being demanded,
The affirmative voters were:
Messrs. Ashe, Foster, Frey, Gardner, Jennings, Laughlin, Matthews,
Powell, Ross, Warner, Williams and mr. Speaker Turney—12.
The negative voters were:
Messrs. aiaclin, Martin, Miller, Nelson and Waterhouse—5.
So said bill was passed upon its third and last reading in the Sen-
ate, and was ordered to be transmitted to the House of Representa-
lives for enrollment.
The Senate took up and considered a message from the House of
Representatives transmitting an amendment of the House to the Sen-
ate's bill for the relief of and to refund to Samuel R. Hackett late
Sheriff and tax collector for Rhea county, the sum of forty-four dol-
lars and forty-nine cents, and for other purposes.
Which being read, mr. Ledbetter moved to amend the amendment
of the House of Representatives to said bill as follows :
Be it enacted, That the Treasurer of the State be, and he is hereby
authorised upon the warrant of the comptroller of the Treasury,
which warrant the said comptroller is hereby directed to grant, to pay
to Saunders, the Deputy Sheriff of Rutherford county, the
amount that may be due him for bringing a Lunatic pauper from said
county to the Lunatic Asylum at Nashville, according to a resolution
of the General Assembly passed 22d January, 1842.
Which being read and considered, said amendim rt was adopted.
Ordered, that the clerk acquaint the House of representatives with
said amendment and ask a concurrence therein.
The Senate took up and considered a message of the House of Re-
presentatives, transmitting amendments to the fodovi ing bills of the
Senate, to-wit:
A bill to extend the corporate limits of the town cf Dresden, in the
county of Weakley.
THE SENATE.
693
A bill concerning forge or mill dams in. Holston River.
Which amendments to said bills severally being read the Senate con-
cur therein.
Ordered that the clerk acquaint the House of Representatives there-
with.
The Senate, on motion of mr. Martin, took up the consideration of
the message of His Excellency the Governor of the State of Tennes-
see, transmitting to the Senate his nomination of twelve persons nam-
ed as Directors to the Bank of Tennessee for the next ensuing two
years.
Which being read and the question upon the confirmation of said
nomination being had was determined in the negative—ayes 11, nays
13,
The ayes and noes being demanded,
The affirmative voters were:
Messrs. Ashe, Foster, Frey, Jennings, J^edbetter, Motley, Nelson,
Peyton, Reneau, Sevier and Williams—11.
The uegative voters were:
Messrs. Bradbury, Gardner, Hardwicke, Johnson, Laughlin, Mac-
lin, Matthews, Miller, Powell, Ross, Warner, Waterhouse and mr.
Speaker Turney—13.
Mr. Martin stated to the Senate that he voted for mr. Peter W.
Martin of Sumner county, and asked to have his vote recorded upon
the journal of the Senate.
The Senate took up and considered a bill from the House of Rep-
resentatives * * * " * *
*****
Which being read a third and last time—
Mr. Matthews moved to amend the amendment of the House of
Representatives to the 3d section of said bill as follows:
Provided further, That the term luxuries in this section be consid-
ered as including silks, wines, jewelry, vanella, beaus, rattans, tortoise
shell, dye-stuff used by manufacturing establishments, epaulets, and
wings of gol or silver, cord, and rich and costly shades and laces.
Which being read, and the question upon the adoption of said
amendment being had was determined in the negative—ayes 11,
nays 14.
The ayes and noes being demanded,
The affirmative voters were :
Afessrs. Hardwicde, Johnson, Laughlin, Maclin, Martin, Matthews,
Miller, Powell, Ross, Warner and Waterhouse—11.
The negative voters were :
Messrs. Ashe, Bradbury, Foster, Frey, Gardner, Jennings, Ledbet-
ter, Motley, Nelson, Peyton, Reneau, Sevier, Williams andmr. Speak-
er Turney—14,
So said amendment was rejected.
The question then recurred upon the passage of said bill, which be-
ing had, was determined in the affirmative—ayes 21, nays 1.
The ayes and noes being demanded,
The affirmative voters were:
694
JOURNAL OF
Messrs. Ashe, Bradbury, Frey, Gardner, Jennings, Johnson, Ledbet
ter, Maclin, A/art in, Matthews, Miller, Motley, Peyton, Powell, Re-
neau, Ross, Sevier, Warner, Waterhouse, Williams, andtnr. Speaker
Turney—21.
Mr. Nelson voting in the negative—1.
So said bill was ] assed upon its third and last reading in the Senate,
and was ordered to be transmitted to the House of Representatives for
enrollment.
A message from the House of Representatives by mr. Mitchell their
clerk:
Mr. Speaker: The House of Representatives have taken up and
considered the Senate's amendment to the bill of the House to create
the 2.'id and 24th brigades of Tennessee Militia, the 2,';d of the coun-
ties of Fayette and Shelby, and the 24th of the county of A/aury—
and concur therein.
And then he withdrew.
The Senate took up and considered a hill from the House of Rep-
resentatives to provide for furnishing the new counties with the
Statute Laws of Tennessee.
Which bill was read a second time-and passed.
A message from the House of Representatives, by mr. Mitchell their
clerk:
Mr- Speaker: The House of Representatives concur in the seve-
ral amendments of the Senate to the bill from the House, to amend
the law of discounts in certain cases.
The House concurs in the amendments of the Senate to bills of the
following titles:
A bill to authorise and require the Entry Taker of the Ocoee Dis-
trict to refund money in certain cases.
A bill giving further time to former sheriffs to collect arrearages of
taxes.
A bill to restore John Wilson, of Blount county, to the privileges'of
citizenship, and for other purposes. And then he witf.dn w.
Mr. Fiev, chainnan of the committee on enrollments, reports as
correctly enrolled the following bills, entitled :
An act to alter the dividing line between the counties of Rutherford
and Cannon.
An act to incorporate the inhabitants of Hillsboro,' in the county of
Coffee.
W hereupon the Speaker of the Senate did sign said several enrolled
acts, and ordered that the same be transmitted to the House of Repre-
sentatives.
A message from the House of Representatives by mr. Mitchell, their
clerk:
Mr. Speaker: The House of Representatives have taken up and
read a third time and passed with amendments, the followii g entitled
bills of the Senate, to-wit:
A bill to secure the estates of orphans.
A bill to extend the corporate limits of the town of Dresden in the
county of Weakley.
THE SENATE.
695
A bill concerning forge and mill clams in Holston river.'
In which amendments to said bills severally I am instructed to ask
the concurrence of the Senate.
The Speaker of the House of Representatives did this day sign the
following enrolled bills, entitled as follows, to-wit:
An act to legalize certain marriage licenses in the county of Jeffer-,
son.
An act directory to the Secretary of State to have bound certain
pamphlet acts of Congress, and for other purposes.
An act to authorise Samuel Henry, sen-., of Blou'nt county, to build
a dam across Little River iu said county.
An act to incorporate the Tennessee Manufacturing Silk Company
and Agricultural School to teach the art of the culture and mauufac-
tare of silk, and for other purposes.
An act to dispose of that portion of the moneys arising from the
sale of the public lands to which Tennessee may be entitled, under
the act of Congress of the extra session of 1811, commonly called the
distribution bill.
An act to incorporate the town of Durhamsville, in the county of
Lauderdale.
An act to incorporate the District Central Turnpike road, and for
other purposes.
An act to create the 23 1 and 2 4th brigades of Tennessee militia—
the 23 1 of the counties of Fayette andSnelby; the 24th of Maury
county.
Also, a resolution directory to the Attorney General of the State of
Tennessee, to fi e a bill in chancery against the East Tennessee Col-
lege, N is'iville University ai d Luke Lea.
AVnicli enrolled acts and resolution I am directed to transmit to the
Senate. And then he withdrew.
Whereupon, the Speaker of the Senate did sign said several enrolled
acts and resolution, and ordered that the same be re-transmitted to the
House of Representatives for the further action of the House thereon
to be had.
The Senate took up and considered a resolution from the House of
Representatives to amend the 4th section of the 10th article of the
constitution of the State of Tennessee, which being read a third and
last time, aijd the question upon the adoption of said resolution being
had, was determined in the affirmative —ayes 12, noes 9.
The ayes and noes being demanded,
The afiiru ative voters were :
Messrs. Bradbury, Foster, Johnson, Langhlin. Jl/aclin, Peyton, Pow-
ell, R.eueau, Sevier, Waterhouse, Williams and mr. Speaker Turney
— 12.
The negative voters were :
A/essrs. Frey, Gardner, */l/artin, A/atthews, A/iller, A/otley, Nelson,
Ross and Warner—9.
So said resolution was adopted upon its third and last reading in the
Senate, and was ordered to be transmitted to the House of Represen- ■
tatives for enrollment.
696
JOURNAL OF
A message from the House of Representatives, by my. Mitchell, their
clerk:
Mr. Speaker : The House of Representatives concur in the amend-
anents of the Senate to the amendments of the'House to the Senate's
bill to authorise the Planters' Bank of Tennessee to discontinue its
branch at Athens, and establish it at Chattanooga, and for other pur-
poses.
The House of Representatives concur in the amen Iments of the Se-
nate to the amendments of the House to the Senate's bill to authorise
the sale of the bonds of the Stare (known as the River bonds) allotted
to East Tennessee and the Western District by the act'of 1837-8.
♦The House of Representatives concur in the amendments of the Se-
nate to the bill of the House to amend the several acts in this State re-
specting costs.
The House of Representatives concur in the Senate's amendment
to a bill from the House to remedy the informality of deeds of con-
veyance and other instruments executed by an attorney.
The House of Representatives concur in the Senate's last amend-
meut to a bill from the House for the benefit of the Columbia, Pulas-
ki, Elktou and Alabama Turnpike Company, and for other purposes.
And then 'he withdrew.
The Senate, on motion of mr. Hardwicke, took up and considered
the resolution presenting the thanks of the Senate to the Hon. Samuel
Turney, Speaker of the Senate, for his able, disinterested and impar-
tial discharge of the duties of his station.
Which being read, and the question upon the adoption of said reso-
lution being had, was determined in the affirmative—ayes 17, noes 4.
The ayes and noes being demanded,
The affirmative voters were :
Messrs. Foster, Gardner, Hardwicke, Jennings, Johnson, Laughlin,
Maclin, Martin, Matthews, Miller, Motley, Powell, Reneau, Ross, Sevier,
Warner and Williams—17.
The negative voters were :
Messrs. Ashe, Frey, Nelson and Peyton—4.
So said resolution was adopted.
When mr. Speaker Turney delivered the following address to the
Senate, and asked leave of the Senate to have the same enrolled upon
the journal, which was ordered to be accordingly done:
Gentlemen of the Senate:
If is gratifying to me to receive (from a portion of you) your send-
ment of approbation. lean esteem it only as an additional act of
kindness and forbearance, amongst the many which you have from
time to time conferred upon me, and lor which you have my lasting
gratitude.
I was prepared, gentlemen, to receive the sentence of that portion
of you who have voted my condemnation. I was informed of their
unfriendly feelings, and that they had expressly plotted my disgrace.
By what motive they have been actuated, or what gratification it can
afford, is to me unknown; for, if I have at any time shown partiality
in the discharge of my trust, I am unaware' of the time. I rejoice,
THE SENATE.
697
however, that there is a jurisdiction more extensive and intelligent
than theirs or mine, to which I appeal and humbly submit.
I am sensible, gentlemeu, of my want of qualification to preside
over this enlightened body: my humble sphere in life had never per-
mitted me to prepare for, or to aspire to such an elevation ; and if I
have in a tolerable manner performed the duties incumbent upon the
chair, I frankly acknowledge that I am indebted for that performance
to your friendly aid and kind indulgence.
Gentlemen of the Senate, we are now about to close our delibera-
tions—to eud our arduous and exciting session, and to separate, and
perhaps forever. It will be fortunate, if we all shall ever meet again.
Permit me to say to you, that there is not a sentiment in my bosom,
for any of you, other than of the kindest character. If I could feel
any other lingering there, I would hurl it headlong from me, as I would
a viper. And if, at any time, I have committed any act, or used any
expression, that has, or was calculated to irritate the feelings of any
of you, I pray you to attribute the expression to the excitement of the
moment, aud I humbly beg you that you will grant me a pardon, to
be placed with the many favors which I have already received from
your hands. To know that I have received this boon, would be a
prize dearer to ine than all the others. (This 1 particularly address to
those who have placed their stigma upon me on our journals.) W lien
my mind shall involuntarily dwell upon you, and the incidents attend-
ing our deliberations, no bitter associations will mingle there, to cause
me to regret, which your kindness shall not have removed or obliter-
ated from my recollection. Grant-me this, and I shall incur an obli-
gation too deep and too lasting ever to be effaced from my memory.
I pray you, gentlemen, to accept of my highest esteem and regard
for your health, happiuess and prosperity "through life ; it is all that I
have; but this is fully bestowed, of which you may be assured.
Which being read, was directed to be enrolled upon the journal of
the Senate.
Mr. Johnson, chairman of the committee on finance, to whom had
been referred a bill from the House of Representatives, making ap-
pfopriations to defray the expenses of the present General Assembly
—Reports, that said committee have had the same under considera-
tion; that said committee had directed him to report said bill with the
following amendments, and with said amendments, to recommend its
passage; which report and amendments are as follows, to-wit:
Report of committee on finance, showing the mileage &u<\ per diem
allowance to the members and officers respectively of the Senate at
the regular session of the 24th General Assembly, the aggregate
amount received by each, and a detailed statement of the individual
and contingent expenses of the same.
The committee have had the appropriation bill under consideration,
and beg leave to report the same to the Senate, with various accounts
and items of expenditure, without making any recommendation in re-
lation to the same. The committee beg leave to say, that they have
examined all the accounts submitted to them for consideration ; some
of them, as they think, extravagant, and an unnecessary expenditure
698
JOURNAL OF
of public money. They therefore recommend the passage of the fol-
lowing section, to-wit:
Be it enacted, That it shall hereafter be the duty of the Secretary
of State, before the meeting of each session of the General Assembly,
to have the legislative halls fitted up for the reception of the members;
and it shall also be his duty to contract for stationery, fuel and lights
for the use ©f the two houses of the General Assembly, find shall after
each adjournment thereof, take charge of the halls and public furni-
ture: Provided, that in making the contracts aforesaid, said Secretary
shall advertise and receive proposals, and take the lowest bid ; believ-
ing it will save an immense sum to the State in time to come. We
find, in looking over the various accouuts, that the fitting up of the
two halls for die reception of'the General Assembly will cost the State
over $1400. All of which is respectfully submitted to the Senate.
Further amendments reported by the committee on finance, as fol-
lows:
Sec. Be it enacted, That the following sums be allowed and paid
as directed in the first section of this act:
To F. Kezer, for negro man Ned for bringing water, $ 50 00
" " further sum of $25 for services in House, 25 00
" Andrew Hogg, assistant door-keeper for 127 days, at $1, 127 00
" P. W. Maxey, taking down and putting up stoves, &c., 46 38
" John Ikichannan, for 73 cords of wood, 40.1 50
" J. George Harris, for printing job work of Senate present
session, account rendered, 95S .971
" printing report of Comptroller last session, 19 67
" Samuel Turney, Speaker of the Senate, for postage, 1 54
" Perry & Tannehill, for stationery, candles,&c., for Senate, 428 26
" " " " " H. of R., 968 72
" E. Kizor, for ten days services as assistant clerk, 60 00
" J. A. Lane, for 127 days services as principal clerk, at $6, 762 00
" u transcribing unfinished copy of journal af-
ter adjournment of session, 50 00
For this amount paid for washing towels, and stationery, 8 00
To Alexander Caldwell, for 127 days services as engrossing
clerk, at $6, 762 00
" Hays Arnold, 127 days service as door-keeper at $4, 50S 00
" Stephen, hauling water for Senate, 17 12%
*e Hays Arnold, for this sum paid for chairs for use of the
Senate, 8 00
Alexander M. Caldwell, for this amount paid Joseph R.
Mitchell, for copying journal, 24 50
THE SENATE.
699
SJ
>
1 2
>
o
3
Cu =:
3
a
o
o
CD
Zr a*
o
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Members' Names.
3
CD >
S
p
P
w
p
C a
3 JQ
p
3^
5. ©.
P 5
p
John B. Ashe,
127
$508
850
$56
$564
Hezekiah Bradbury,
121
508
250
40
548
Robert C. Fester, jtv, . „
121
508
84
5 44
513 44
Henry Frey,
[21
508
46
7 36
515 36
John A. Gardner,
121
508
260
41 60
549 60
J. P. Hardwicke,
121
508
76
12 16
520 16
Thomas R. Jennings,
127
508
508
Andrew Johnson,
127
508
550
8S
596
Samuel H. Lnughlin,
William Ledbetter, .
127
508
150
21
532
127
508
64
10 20
518 20
Sackfield Maclin,
127
508
400
64 1
572
Barclay Jl/artiti,
127
508
82
13 12
521 12
Thomas J. Matthews, .
L27
508
150
2+ |
532
John Miller,
127
508
, 826
52 16'
560 16
Benjamin Motley,
127
508
68
10 80|
518 80
John R. Nelson,
12
50S
409
61 40
573 40
Joseph R Peyton,
127
50S
1 50
8 |
516
Robert K. Powell, .
127
508
636
101 76
609 76
Lewis Renenu,
127
508
448
71 68
579 63
William C. Ross,
127
508
160
2 I
53 2
Valentine Sevier,
127
508
1
|
Riehard Warner,
127
503
I 88
14 03
522 68
Richard Waterhouse,
127
508
270
43 20
551 20
William Williams,
Samuel Turney, Speaker,
127
508
500
80 |
588
127
' 760
BSm.
Wfii'-li being read,
Mr. Foster moved to amend said bill by inserting therein, to Joseph
R. Jl/ite1iell, two hundred dollars,
And die ques'ion thereupon being had, was determined in the afliima-
live—a\es 15vnoes 10.
The a*es and nays being demanded,
The affirmative voters were :
Messrs. Ashe, Bradbury, Foster, Frey, Jennings, Laughlin, Ledhet-
ter, Motley, Nelson, Be)ton, Powell, Reueau, Sevier, Williams and mr.
Speaker Torney—15.
The negative v'oiers were :
. Messrs. Ganinei, Uardwickp, Johnson, Maclin, Martin, Matthews,
Miller, Ross, Warner and Watei house—10.
So said amendment was adopted.
Mr. Jennings moved that the item of appropriation to Home and Stern-
back, be so amended a» to strike out the sum of $3,75, aud insert the sum
700
JOURNAL OF
of $534 12 1-2, the latter sujn being the amount of the bill rendered
against the General Assembly, by said Home and Steenbaek,
And the question upon the adoption of said amendment being had, was
determined in the negative—ayes 4, noes 19.
The ayes and noes being demanded,
The affirmative voteis were :
Messrs. Bradbury, Foster, Frey and Jennings—4.
The negative voters were :
Messrs. Ashe, Gardner, Hardwicke, Johnson, Langhlin, Ledbetfer,
Maclin, Martin, Matthews, Miller, Motley, Nelson, Peyton, Powell, Ren-
eau, Ross, Warner, Waterhouse, Williams and mr. Speaker Turney—
19.
So said amendment was rejected.
My. Sevier moved to amend said bill by striking out fifty dollars to mr.
Fortner, which being considered, was rejected.
Mr. Martin moved to strikeout twenty-four dollars, reported by com-
mittee, to mr. Fdrtner, which motion prevailing, said amendment was
adopted.
Mr. A/art in moved a re-consideration of said vote, striking from the
account of mr. Falkner the sum of $25, which motion prevailing said vote
was re eonsideied.
Mr. Foster moved to amend said report by striking out of the item of
eight dollais to Jacob A.Lane,
And the question theieupon being bad, was determined in the affirma-
live—ayes 14, noes 11.
The ayes and noes being demanded,
The affirmative voteis were :
Messis. Ashe, Bradbuiy, Foster, Frey, Hardn ieke, Johnson, Laughlin,
Ledbetter, Matthews, Miller, Powell, Reneau, Warner and Wateihouse
—14.
The negative voters were:
Messrs. Gaulner, Jennings, Maclin, Martin, Motley, Nelson, Peyton,
Ross, Sevier, Williams and mr. Speaker Turney— 11.
So said annndment w as .adopted.
A'Ir. Sevier mo\ed to amend said bill by adding thereto the following,
to wit :
Beit enacted, That in addition to the above appropriation, above made,
the sum ot one hundred dollars be paid to Jaeob A. Lane, principal clerk,
and a like sum to Alexander M. Caldwell engiossing clerk of the Senate ;
said sum being heieby allowed to said clerks, in addition to their regular
salaries, as justly due them for their assiduity in the pei formanee of their
duties, and by ihe expenses of the Senate for the hire of cieiks, during
its present session, have been reduced five hundred dollars below the ex-
penses of each of its t wo last sessions on the same account,
Which being read, and the question upon the adoption of said amend-
ment being had, was determined in the negative—ajes 8, noes 15.
The ayes and noes being demanded.
The affirmative voters were:
THE SENATE.
701
Messrs. Ashe, Bradbury, Foster, Jennings, Peyton, Reneau, Sevier
and mr. Speaker Turney—8,
The negaiive voteis were:
JJ/essrs. Frey, Gardner, Hardwicke, Johnson, Laughlin, Ledbetter,
Martin^ Matthews, Miller, Motley, Nelson, Ross, Warner, Waterhouse
and Williams—15.
So said amendment was rejected.
Mr. Turney moved to amend said bill by ddding thereto the following,
to wit;
Be it enacted, That the President of the principal Bank of Tennessee,
shall hereafter have a compensation of twenty-five hundred dollars for
his services and no more, and the Cashiers of the several branches of the
Bank of Tennessee shall have a compensation of twelve hundred dollars
each and no more, and the Presidents of the branches of the Bank of Ten-
nessee shall hereafter have a compensation of twp hundred dollars each
and no more, any law to the contrary notwithstanding. All, laws requir-
ing the President of the branch Banks to give any boud be repealed ; and
the same being read,
Mr. Matthews moved to amend said amendment by striking out the
$2500, as compensation to the President of the Bank,
And the queMiou thereupon being had, was determined in the affirma*
live—ayes 17, noes 6.
The ayes and noes being demanded,
The affirmative voters were :
.Messrs. Ashe, Bradbury, Frey, Johnson, Ledbetter, Maelin, Martin,
Matthews, Miiler, Motley, Nelson, Peyton, Reneau, Ross, Warner, Wa-
terhouse, and Williams—17.
The negative voters were :
Messrs. Foster, Gardner, Jennings, Laughlin, Powell, Sevier and mr.
Speaker Turney—8.
So said amendment was adopted.
Mr. Foster moved to lay the residue of mr. Turney's proposed amend-
ment on the table,
And the question thereupon being had. was determined in the affirma-
tive—ayes 17, noes 8.
The ayes and nays being demanded,
The affirmative voters were :
Messrs. Bradbury, Foster, Frey, Gardner, Jennings, Johnson, Led-
better, Matthews, Miller, Motley, Nelson, Peyton, Powell, Reneau,
Warner, Waterhouse and Williams—17.
The negative voters were:
Messrs. Ashe, Hardwicke, Laughlin, Maclin, Martin, Ross, Sevier and
mr. Speaker Turney—8.
So said motion to lay said amendment on the table prevailed.
Mr. Martin moved to amend said bill by strikiug out " five dollars and
fifty cents per cord for wood," and to insert in lieu thereof the words,
4< four dollars and fifty cents,"
Which being read and considered, said amendment was adopted.
Mr. Sevier moved to amend said bill by adding thereto the following :
702
JOURNAL OF
Be it enacted, Thai the "branch Bank at Trenton may employ an extra
clerk at (our hmxlrtd dollars per annum,
Which being read, and considered, said amendment was rejected.
Mr. Johnson moved to amend said bill as follows, to wit:
Be il enacted, That it shall be the duly of the Comptroller of the
Treasury to take the memorial of the commissioners of Powell county,
and examine all the items of expense, that lias been expended by them,
m attending to the different suits that has been brought auamst the com-
missioners of said county„ and if Va, his opinion any additional pi oof shall
be necessary to establish the validity of the items as set lonh insaidme-
ffnorial, be shall apply to the commissioners for such proof as he may deem
proper and expedient.
Be it enacted, That tbo Comptroller after making a full and thorough
examination under the whole matter, shall be ot opinion that the items as
set foith in the memorial of said commissioners of Powell county, or any
portion of them are just and equitable, be shall issue his warrant direct-
ing the same to be pawl, out of any money in the Tieasun not otherwise
appropriated, and shall repoit the result of his investigation to the next
Oeneial Assembly of this Slate,
Which being rend, aud the question upon the adoption of said
amendment being had was determined in the negative—ayes 6, nays
17.
The ayes and noes being demanded,
The affirmative voters were^
Messrs. Ashe, Bradbury, Jennings, Johnson, A/aclin and Powell—(L
The negative voters were r
Messrs. Foster, Frey, Gardner, Laughlin, Ledbetter, Muffin, Mat-
thews, Miller, Motley,, Nelson, Peyton, Reneau, Ross, Warner, Wa-
terhouse, Williams and mr. Speaker Turney—17.
So said amendment was rejected. ,
Mr. Jennings moved to amend said bill by adding the following:
45 That the appropriation to Home & Steenback be increased by an
addition of the sum of seventy-five dollars."
Which being read and considered said amendment was rejected.
And said bill as amended being read a third and last time and the
question upon the passage of said bill being had was determined in
the negative—a yes. 9, nays 13.
The ayes and noes being demanded,
The atfirmat: e voters were:
Messrs. Bradbury, Frey, Gardner, Jennings, Peyton, Reneau, Ross,
Warner atul mr. Speaker Turney—9.
The negative voters were :
Messrs Foster, T ihnson, Laughlin, Ledbetter, Macliny Martin, Mat-
thews, wilier, Mr tlev, Nelson, Sevier, Waterhouse and Williams—13.
So said! bill \vu i ju id upon its third and last reading in the Sen-
ate.
Whereupon nr. Vvtin moved a re-consideration of the vote of the
Seriate rejee ring sai J 1 el.
THE SENATE.
.703
Which being considered, and the question thereupon being had
was determined in the affirmative.
So the Senate reconsiders said vote.
Whereupon said bill.as amended being read a third and last time
and the question upon the passage of said bill being had was deter-
mined in the affirmative—ayes 14, nays S.
The ayes and nays being demanded,
The affirmative voters were :
Messrs. Ashe, Bradbury, Foster, Frey, Gardner, Jennings, Mac-
lin, Martin, Motley, Peyton, Reneau, Ross, Warner and mr. Speaker
Turney—14.
The negative voters were:
Messrs. Johnson, Laughlin, Matthews, Miller, Nelson, Sevier, Wa-
terhouse and Williams—8.
So said bill as amended was passed upon its third and last reading in
the Senate, and ordered to be transmitted to the House of Representa-
tives.
Ordered, that the clerk acquaint, the House of Representatives with
the amendments of the Senate to said bill, and ask a concurrence there-
in.
The Senate took up.and.considered a bill from the House of Rep-
resentatives to provide for furnishing the new counties* with the Stat-
utes of the State of Tennessee.
Which bill was read a third and last timej and the question upon the
passage of said bill being had was determined in-the affirmative.
So said bill was passed upon its third and last reading in the Sen-
ate, and was ordered to be transmitted to the House of Representa-
tives for enrollment.
The Senate adjourned until .Monday morning next 9 o'clock.
MONDAY,, FEB. 7, 1842.
Mr. Frey, chairman of the committee on Enrollments reported as
correctly enrolled the following entitled bills, to-yrit:
An act for the relief of John Bell, Sheriff of Coffee county.
An act to amend the act of 1837-8 incorporating the Uniou SemSna-
ry in Maury county.
An act for the payment of two hundred thousand dollars to East
Tennessee and the Western District, in full discharge of the e.aim
against the State for River Bonds under the act of 1837-8, and. for
other purposes.
An act to provide for the inspection of Tobacco.
An act to compel the Judges of the Supreme Court to give written
opinions in all cases in their courts including its present term, and the
reporter of the State to report the same.
An act to secure the estates.of orphans.
An act to incorporate Marshal Academy, in the county of Mar-
Bhal.
An act to ensure a more efficient management of the Lunatic Asy-
him.
704
JOURNAL OF
An act to incorporate the Montgomery Wharf Company.
An act to change the time of holding the circuit courts in the coun-
ty of Giles, and for other purposes.
An act requiring the collecting officers of Hardin county to make
their returns at Jackson.
An act to amend the Militia Laws of this State.
An act to provide for the payment of certain public charges.
An act to allow compensation to certain corporations.
Au act to preserve the original acts and resolutions of the General
Assembly of this State.
An act for the relief of and to refund to Samuel R. Hackett, late
sheriff and tax collector of Rhea county, the sum of fifty-four dollars
and forty-nine cents, and for other purposes.
An hct to incorporate the Alumni Society of the University of
Nashville.
An act to refund to John Hoyall and Thomas McCallie the consid-
eration money paid by them in making Entry No. 521, in the Ocoee
district.
An act to amend the act of 1835, chap. 75.
An act to incorporate the Sycamore Manufacturing Company.
An act to extend the corporate limits of the town of Dresden, in
the couuty of Weakley.
An act to incorporate the Caroline Medicinal Springs, in the county
of Warren.
An act to amend the act of 1817, chap. 05, sec. 4, fixing the com*
pensation of Attorneys General in this State.
An act to amend the charter of the Planters' Bank of Tennessee.
An act to amend an act entitled an act to distribute the Academy
moneys, and for other purposes.
An act concerning forge or mill dams in Holston river.
An act to authorise the Trustees of Huntingdon Academy to dis-
pose of'Lot No. 95, in said town.
An act to authorise the Stock Banks of the State to dispose of their
real estate,to reduce the debt of the State, and for other purposes.
An act for the amendment of criminal laws, and for other purposes.
An act for the relief of sheriffs in certain cases.
An act to amend the act of 1831, chapter 24, in relation to the
granting of letters of administration or letters testamentary on the
estates of non-resident testators or intestates.
An act to amend the la\v for the collection of corporation taxes in
the town of Knoxville and the town of Charlotte, and for other pur-
poses.
An act to amend the act of 1835, chapter 11, sec. 1, providing for
the appointment of Notari o Public.
An act to incorporate the rennessee State Agricultural Society.
An act directing the Infernal Improvement books, records and papers
to be transferred from the r r -e of the Secretary of State to the office
of the Comptroller of tl.t luisury, and for other purposes.
An act to incorpora .e .c Union University of the State of Tennes-
see.
THE SENATE.
703
An act for the relief of the Columbia, Pulaski, Elkton and Ala-
bama Turnpike Company, and for other purposes.
Resolutions of instructions and request to'our Senators (when Sena-
tors shall be elected) and Representatives in Congress, on the subject
of the American tobacco interest.
Preamble and resolutions of request to the Legislature bf Louisiana
on the subject of tobacco inspection.
Preamble and resolutions for the revision and improvement of the
Tobacco inspection system of said State, and the enactment of a law
regulating the charges of warehouse keepers for the storage of this ar-
tide.
Resolution requiring the Banks of Tennessee to resume and con-
tinue specie payments.
Which enrolled acts and enrolled resolutions were severally and re-
spectively this day signed by the Speaker of the Senate, who ordered
that the same be transmitted to the House of Representatives for the
signature of the Speaker thereof.
A message if o'm the House of Representatives, by mr. Mitchell, their
clerk:
Mr. Speaker : The Speaker of the House of Representatives did
this day sign the following enrolled bills and resolutions, entitled as
follows:
An act to amend the laws in relation to forcible entry and detainer.
A bill to amend the several acts in this State respecting costs.
An act to amend an act passed 11th December, 1837, entitled an act
to amend an act to incorporate the Ashport Turnpike Company.
An act to amend the laws now in. force in relation to free persons of
color.
An act to amend the several acts passed heretofore in relation to the
corporation of the town of Jonesboro'.
An act to amend an act entitled an act to incorporate the town of
Memphis, passed the ninth of December, 1826.
An act to appoint commissioners of the Bean's Station Turnpike
Road, and for other purposes.
An act to amend an act entitled an act to extend the limits of the
Corporation of Brownsville.
An act to change the time of holding the Chancery Court at Savan-
nah.
An act to remedy the informality of deeds of conveyance and oth-
er instruments executed by an attorney.
An act to create a body politic and corporate to be called the Mutu-
al Insurance and Trust company of Columbia and Franklin.
A resolution directory to the Secretary of State.
An act to extend the provisions of the act of 11th January, 1840,
entitled an act for the benefit of occupants South and West of the
Congressional reservation line.
An act to continue Doctor Gerard Troost, Geologist, Mineralogist
and Assayer for the State of Tennessee.
An act to prevent and suppress the issuance of change bills and
tickets of any size or denomination whatever.
47
706
JOURNAL OF
An act to authorise the refunding of monies to Sheriffs and tax col-
lectors in certain cases.
An act to revive the charter of the Nashville Bank.
An act to change the time of holding the circuit courts for the coun-
ties of McNairy and Hardeman, and to attach Tipton county to the
tenth judicial circuit.
An act to amend and extend the charter of the White's Creek Turn-
pike company.
An act to amend an act entitled an act to distribute one hundred
thousand dollars among the several counties of Middle Tennessee and
for other purposes.
An act to make allowance to certain persons, purchasers and as-
signee of purchasers of reservations in the Hiwassee District, for mo-
nies paid by them in defending the title of the State and quieting the
Indian title.
A resolution to amend the fourth section of the tenth article of the
constitution of the State of Tennessee.
An act to appoint commissioners on Scott's Turnpike road leading
through Fentress county, and for other purposes.
An act to incorporate the Kingsport Wool .Manufacturing company.
An act to revive an act entitled an act to prescribe certain duties to
be performed by the clerks of the several courts in this State, passed,
Feb. 15th, 1836.
An act to change and amend the act of 1839-40, chapter 102, sec-
tion 8.
An act for the relief of owners of iron works South and west of the
Congressional line.
An act to repeal the third section of an act, entitled an act, to incorpo-
rate the town of Tazewell, passed January 2d, 1830.
An act to provide for furnishing the new counties with the Statute laws
of Tennessee,
Which I am directed to transmit to the Senate for the signature of the
Speaker.
And then he withdrew.
"Whereupon the Speaker of the Senate did sign said several enrolled
acts and resolutions, and directed that the same be re-transmitted to the
House of Representatives for the further action of the House thereon to
be had3
A message from the House of Representatives by mr. Mitchell their
Cleik :
JUr. Speaker : The House of Representatives have taken up and
considered the amendment of the Senate made to the bill of the House,
making appropriations to delray the expenses of the present General As-
semhly, and the House of Representatives concur therein.
And then he withdrew.
Mr. Nelson presented and requested to be read at the clerk's table the
following;
The undersigned protests against the resolutions adopted in the Senate
on the 3d instant, thanking the Speaker for his able and impartial dis-
charge of the duties belongingto that station, because in his opinion these
THE SENATE.
101
resolutions involve a palpable falsehood. They declare the conduct of
the Speaker to have been able, impartial and dignified, when in fact it
was directly the reverse. He desires not to be considered the weak vie-
lim of that overweaning love for parlamentary formalities, which would
betrav him into the gross error of confounding truth and falsehood, vir-
tue and vice. February 7th, 1842. JOHN R. NELSON.
Which being read, was at the request of mr. Nelson enrolled upon the
Senate's Journal.
Messrs. Peyton and Ashe presented the following, which was read at
the clerk's table.
The undersigned respectfully submit the reasons which induce them
to negative so far as they could, the resolutions tendering the thanks of
the Senate to the Speaker thereof, for the able and impartial manner with
which he had discharged the duties of the chair. Their reasons for
withholding the usual tribute of respect from this/ifficer, are founded in
their disbelief that his conduct merits it, they deny that his deportment
has been characterised by either dignity, impartiality or ability, and they
are compelled to assert that the pledges, which they have reason to be-
lieve were given by the Speaker, prior to his election of his total freedom
from party bias, and of his determination to execute the duties of the
chair without reference to party advantage, have been forfeited. Having
been thus grossly deceived, they cannot consistently, with respect for
themselves, or any ordinary regard for truth, subscribe to the fulsome fiat-
tery contained in the resolutions referred to. In conclusion, the under-
signed take occasion to declare that their condufct has not been prompted
by considerations personal to the Speaker, whilst they are at ail times
ready to accord the meed of praise due to meritorious conduct, and there-
by encourage virtue—they are determined at all times to discountenance
deception and vice, whether they present themselves in high or low places.
February 7th, 1842. JOSEPH H. PEYTON.
JOHN B. ASHE.
Which being read, was at the request of messrs. Peyton and Ashe, or-
dered to be enrolled upon the Senate's Journal.
A message from his Excellency the Governor of the State of Tennes-
see, transmitted by JohnS Young Secretary of State for the State of
Tennessee.
Executive Department, 1
Nashville, Feb. 7th, 1842. $
Gentlemen of the Senate :
1 have the honor to acknowledge the receipt of your message
of this morning, by the hands of your clerk, mr. Lane, in which you no-
tify me that the nomination of Directors of the Bank of Tennessee made
to the General Assembly on the 28th ultimo, have been rejected by the
Senate. As the Executive of the State it was my duty to nominate
twelve persons to serve as Directors of the Bank of Tennessee; 1 have
endeavored to discharge this duty in such a manner as to protect the in-
terest of the State, and as far as I could secure the different classes of so-
ciety, a just and fair representation in the direction and management of
an institution in which they have a common interest—in the final solvency
708
JOURNAL OF
of which there is an equal liability, and in the advantages and benefits of
which they have an equal right to participate. How far I may have sue-
ceeded in accomplishing these purposes, it does not become me to say—
I cheerlully submit its decision to the tribunal of our common constituents,
from whose determination there can be uo appeal. I might here content
myself by closing this communication, but it the duly of appointing Di-
rectors for the Bank, which is as obligatory on the Legislature as the
Executive, is to be disregarded, and the plain requirenxnts of the law
are to be set at nought and continued, 1 desire that there shall be no cavil,
as towheie the responsibility shall rest.
You have been pleased to delay your action upon this subject until
within a few hours of the probable close of your session, and ai-
though I might have desired a greater length of time to have matured
my action upon a subject of so much importance to the country, and
responsibility to myself, still I do not, find enough in those circumstanc-
es, embarrassing as they may be, to absolve me from the prompt and
faithful discharge of my duty. I herewith transmit the names of
twelve persons to serve as Directors of the Bank of Tennessee for the
next two years:—
J. J. Gill of Davidson county.
A. W. Yanlier of do.
F. McGavock of do.
E. P. Connell of do.
J. W. McCombs of do.
V. K. Stephenson of do.
J. H. Hough of do.
George Elliott of Sumner county.
Timothy Walton of Smith county.
John Hill of Wilson county.
Wm. H. Smith of Rutherford county.
Andrew Park of Williamson county.
JAMES C. JONES.
And upon the question " will the Seriate agree to said noniina-
tions ?"
The ayes and noes being demanded,
The affirmative voters were:
Messrs. Ashe, Bradbury, Foster, Frey, Jennings, Ledbetter, Motley,
Nelson, Peyton, Reneau, Sevier and Williams—12.
The negative voters were:
Messrs. Gardner, Hardwicke, Johnson, Laughlin, Jl/aclin, Martin,
Matthews, Miller, Powell, Ross, Warner, Waterhouse and mr. Speak-
er Turney—13.
So said nominations were rejected.
A message from the House of Representatives by mr. Mitchell their
clerk.
Mr. Speaker : The Speaker of the House of Representatives did
this day sign an enrolled resolution proposing the admission of Texas
into the Union upon an equal footing with other sovereign States of
this confederacy.
THE SENATE.
709
Which was signed by the Speaker of the Senate and ordered to be
re-transmitted to the House of Representatives.
The Senate, on motion of rnr. Powell, took up the resolutions sub-
mitted by him on the 5th inst. proposing to choose Senators to the
Congress of the United States.
The ayes and noes being demanded,
The affirmative voters were:
Messrs. Gardner, Hardwicke, Johnson, Laughlin, Maclin, ff/artin,
Miller, Matthews, Powell, Ross, Warner, Wate^house and mr. Speak-
er Turney—13.
The negative voters were:
Messrs Foster, Frey, Jennings, Ledbetter, Motley, Nelson, Peyton,
Reneau, Sevier and Williams—10.
The said resolutions being read, mr. Laughlin offered the following
in lieu of said resolutions, to-wit:
Resolved by the General Assembly of the State of Tennessee, That
Whei as, this General Assembly has hitherto failed to choose Senators
in the Congress of the United States ; and whereas, it is desired by both
political parties that Senators should be chosen ; and whereas, the parties
in this Slate are nearly equally balanced ; therefore
Resolved, That in order to compromise the great question in relation ta
the choice of Senators, and in order that the same may be done in the
spirit of harmony, concession and compromise, one Senator shall be cho-
sen from the Whig party and one of the Democratic party, both to be sC-
lected from men who have not been in public life for the last four^years,
and in making the choice the Whig party shall select their own candid-
ate first, from either division of the State, and if he shall reside in East
Tennessee, then the Democratic party shall select then their candidate,
who shall reside in Middle or West Tennessee, but if the Whig party
shall select their candidate in Middle or West Tennessee, then the Dern-
ocratic party shall select their candidate in East Tennessee, and the can-
didates so selected shall forthwith be elected Senators in Congress by
this General Assembly before jts adjournment.
Whereupon mr. Ledbetter ottered the following in lieu of the original
resolution, and the resolution of mr. Laughlin, to wit:
Resolved, That the Senate will meet the House of Representatives
in the Hall of the House of Representatives this day at 2 o'clock, p. m.
to elect two Senators from the State of Tennessee to Congress, one to
fill the vacancy occasioned by the death of the Honorable Felix Grundy,
and the other to serve from the 4th of March last.
And the question being had thereon was determined in the negative—
ayes 12, noes 13.
The ayes and noes being demanded,
The affirmative voters were :
Messrs. Ashe, Bradbury, Foster, Frey, Jennings, Ledbetter, Motley,
Nelson, Peyton, lleneau, Sevier and Williams—12.
The negative voters were :
Messrs. Gardner, Hardwicke, Johnson, Laughlin, Maclin, Martin, Mat-
thews, Miller, Powell, Ross, Warner, Waterhouse and mr. Speaker Tur-
Eev-—13.
710
JOURNAL OF
So the resolution of mr. Ledbetter was rejected.
The question then re-curred on mr. Laughlin's amendment, and being
lhad, was determined in the affirmative—ayes 13, noes 8.
The ayes and nays being demanded,
The affirmative voters were :
Messrs. Gardner, Hardwicke, Johnson, Laughlin, Maclin, Martin,
Matthews, Miller, Powell, Ross, Wainer, Waterhouse andmr. Speaker
Turney—13.
The negative voters were:
Messrs Ashe, Foster, Fiey, Jennings, Ledbetter, Motley, Peyton and
^Sevier—8.
A message from the House of Representatives by mr. Mitchell their
cleik, was received.
A/r. Speaker: The House of Representatives has directed a mes-
sage to be transmitted to the Senate, with information that the House of
.Representatives are now ready to adjourn without day.
And then*he withdrew.
Whereupon mr. Waterhouse moved to strike out of rnr. Laughlin's
o-esolutions the following words, u both to be selected from men who have
not been in public life for the last four years,"
And the question being had on striking out, was determined in the af-
firmative.
So said amendment was adopted.
The question upon the adoption of said resolutions as amended was
1aker\, and determined in the affirmative—ayes 13, noes 12.
The ayes and noes being demanded,
The affirmative voters were:
Messrs. Gardner, Hardvvicke, Johnson, Laughlin, Maclin, Martin, Mat-
thews, Miller, Powell, Ross, Warner, Waterhouse and mr. Speaker
Turney—13.
The negative voters were:
Messrs. Ashe, Bradbury, Foster, Frey, Jennings, Ledbetter, Motley,
Nelson, Peyton, Reneau, Sevier and Williams—12.
So said resolution as amended was adopted, and ordered to be trans-
mitted to the House of Representatives for their concurrence.
Mr. Foster moved that a message be sent to the House that the Senate
is now ready to adjourn sine die,
And the question being had, was determined in the negative—ayes 12,
noes 13.
The ayes and noes being demanded,
The affirmative voters were :
Messrs. Ashe, Bradbury, Foster, Frey, Jennings, Ledbetter, Motley,
Nelson, Peyton, Reneau, Sevier and Williams—12.
The negative voters were :
Jl/essis. Gardner, Hardwicke, Johnson, Laughlin, Maclin, Martin,
Matthews, Miller, Powell, Ross, Warner, YVaierhouse and mr. Speaker
Turney—13.
So the Senate refused to send the message proposed by mr. Foster.
A message from the House of Representatives by par. Mitchel their
elerk:
THE SENATE.
711
Mr. Speaker : The House of Representatives have taken up and cor-
sidered the nomination of Directors of the Bank of Tennessee by his Ex-
cellency the Governor of the State, which nomination is confirmed by
the House of Representatives.
The Speaker of the House of Representatives has this day signed the
following enrolled bill*, to wit :
An act making appropriations for the payment of the present General
Assembly.
An act for the relief of John Bell, Sheriff of Coffee county.
An act to secure the estates ot Orphans.
At act to ineorpoiate Marshall Academy, in .Marshall county..
An act to amend the act of 1837-8, incorporating Union Seminary
in Maury county.
Ati act for the payment, of two hundred thousand dollars to East
Tennessee and the Western District, in full discharge of their claim
against the State for River Bonds under the act of 1837-8, and for oth—
er purposes.
An act to provide for and regulate the inspection of Tobacco.
An act to compel the Judges of the Supreme Court to give written'
opinions in all cases in their court, including its present term, and the
Reporter of the State to report the same.
An act to insure a more effectual management of the Lunatic Asy-
lum.
An act to incorporate the Montgomery Wharf Company.
An act to change the time of holding the circuit courts in the coun-
tyof Giles, and. for other purposes.
An act requiring the collecting officers of Hardin county to make
their returns at Jackson. ,
An act to amend the Militia Laws of this State.
An act to provide for the payment of certain public charges.
An act to allow compensation to certain commissioners.
An act to preserve the original acts and'Resolutions of the General
Assembly of this State.
An act for the relief of and to refund to Samuel R. Hacket, late
Sheriff and tax collector of Rhea county the sum of forty-four dol-
lars and forty-nine cents, and for other purposes.
An act to incorporate the Alumni Society of the University of
Nashville.
Au act to refund to John Hoyall and Thomas McCallie the consid-
oration money paid by them in making entry no. 521, in the Ocoee
District.
An act to ameiid the act of 1835, chapter 75.
An act to incorporate the Sycamore Manufacturing Company.
An act to extend the corporate limits of the town of Dresden in the
county of Weakly.
An act to incorporate the Caroline Medicinal Springs in the county
of Warren.
An act to amend the act of 1817, chap. 65, sec. 4, fixing the com-
pensation of Attorneys General in this State.
712
JOURNAL OF THE SENATE.
An act to amend the charter of the Planter's Bank of Tennessee
An act to amend an act entitled an act to distribute the Academy
monies and for other purposes, passed Jan. 27, 1840.
An act concerning forge and mill dams in Ilolston River.
An act to authorise the Trustees of Huntingdon Academy to dis-
pose of lot no. 95 in said town.
An act to authorise the stock banks of the State to dispose of their
real estate, to reduce the debt of the State, and for other purposes.
An act for the amendment of criminal law, and for other purposes.
An act for the relief of Sheriffs in certain cases.
' An act to amend the act of 1831, chapter 24, in relation to the grant-
ing letters of administration or letters testamentary on the estates of
non-resident testators and intestates.
An act to amend the laws for the collection of corporation taxes
in the town of Knoxville and the town of Charlotte, and for other
purposes.
An act to amend the act of 1835, chapter 11, see. 1, providing for
the appointment of Notary Public.
Preamble and resolutions of request to the Legislature of Louis-
iana on the subject of Tobacco inspection.
Preamble for the revision and improvement of the Tobacco Inspec-
tion System of said State, and the enactment of a law regulating the
charges of the Warehouse keepers for the storage of the article.
Resolution requiring the Banks of Tennessee to resume and to com
tinue specie payments.
An to incorporate the Tennessee State Agricultural Society.
An act incorporating the Union University in the State of Tennes-
see. ' '
An act directing the Internal Improvement books, records and papers
to be transferred from the office of the Secretary of Slate, to the office
of the Comptroller of the Treasury, and for other purposes.
Resolutions of instructions, and request to our Senators, (when Sena-
tors shall be elected) and Representatives in Congress, on the subject of
the American Tobacco interest,-
Preamble and resolutions in favor of the admission of Texas into the
Union with equal rights, and upon an equal footing with the sovereign
States of the United States of America.
, Which enrolled acts and resolution, the Speaker of the Senate directed
to be deposited in the office of the Secretary of State, for the State of
Tennessee.
The Senate then adjourned sine die.
SAMUEL TURNEY,
Test. Speaker of the Senate.
Jacob A. Lane, of Sparta, Term.,
Clerk of the Senate.
APPENDIX
TO THE
JOURNAL OF THE SENATE.
REPORT
Of the Superintendent of Public Instruction for the State of Tennessee,
To the General Assembly of th JStqte ,of Tennessee:
The Superintendent of Public Instruction, in the performance of one
of the duties of his office, has prepared the following Report, which he
begs leave to s-ubmit to your Honorable body :
On the2Jst February, 1840, the Superintendent of Public Jnstruc-
tion received from his predecessor office, Ool. McEwen, the books,
papers, &c. of the office in part, wh\qh enabled him to enter actively
upon the duties of the office. Early in March following, "an act to re-
enact and amend an act to establish a System of Comrpon Schools in
the State of Tennessee," passed January 28, 1840, and an act-to reg-
ulate the receipt and disbursement of the Common School moneys pass-
ed 27th December, 1839, were printed in pamphlet form, under his di-
rection, and a copy thereof.sent to the several County Agents for the
collection of the Common School maneysv— County ■Court Clerks—
County Trustees—Sheriffs—and School districts (throughout the State.
To the County Agents appointed under-the 23d ch apter of the act of
1836, he addressed a letter dated in March, 1840, requesting themse-
verally to report the condition of the School funds -in their hands-rr-to
make settlements, &c. Some of the agents failing to make reports or
to send answers, a second letter -was sent to ?them in August, 1840,
and on the 3d of March, 1841, a-third better was sent to the several
agents in the State, copies of which,, marked A, B, and C, are append-
ed to this report. Whilst it is but just to say, that a portion of the
County Agents promptly complied with their duties and the requisitions
made on them, it must be stated, that others have done so only partial-
ly ; and there are still others, who have altogether failed in this respect.
The progress that has been made in .collecting and in obtaining in-
formation of the amount and condition of the School Funds from the
County Agents, is shown in the. statement marked D. A suit was in-
stituted in the Chancery Court at;Franklin, in 1840, against Robert H.
McEwen, the late Superintendent, and his securities—for the purpose
of recovering such of the-Common School fund as was, or ought
have been, in his hands.
At April term, 1840, it being deemed for the interest of the fund, the
Chancellor appointed Major William Edmondson, of Davidson county,
Receiver, under the direction nf the Court—to take into his possession,
s
and collect, such notes and otherchoses in uelion in the hands of Cad,
McEwen, as belonged to the Common School fund, or had grown out
of it. The receiver has undertaken the trust,'and has already, collected
from these sources, and' paid into the Bank of Tennessee, the .sum of
$17,>114 72, See exhibit E, hereunto annexed.
The Chancery Court at its April term, 7841,"pronounced a decree
against the defendants in the suit-—and they sprayed and obtained an
appeal.to the Supreme Court at Nashville, wheredhe suit is still pend-
ing. A-cqpy of the decree is annexed to this report, marked F, for
the purpose of exhibiting the steps taken to secure this part of the School
fund—the nature of the claim—and the view taken of it by a respeota-
•ble judicial tTibunsd.
The Attorney General of the sixth Judicial Circuit, being one of the
securities of Col. McEwen, the Superintendent of Publio Instruction,
by the advice and consent of the Board of Commissioners of Common
Schools iorthe State of Tennessee, employed W. A.- Cook and Fran-
cis 3. Fogg, Esqrs. to bring and prosecute said suit. No specific fee
has been agreed upon; but a reasonable compensation-for the services
to be rendered was promised.
It is not* perhaps, improper to State that the amount in litigation is
very large, and that amount composed of many complicated accounts
and items involved in doubt. The counsel retained have, up to this
time, conducted the suit with singular care and industry. The School
funds in the several counties may be divided into two classes : the first
class consists of money, notes, and other evidences of debt in the hands
of the county agents, appointed under the 23d chapter of the act of
1836. The second class consists of judgments in favor of the old State
Bank of Tennessee. Of debts of the first class, there was due on the
19th of February, 1840, as shown by the reports of the agents of the
several counties, the sum of $127,387 18—4herewas paid on these debts
between the passage of the act of 1836, -chapter 23, and the 19th of
February, 1840, the sum of $11,347 29-|; and since the 19th of Feb-
ruary, 1840, there has been paid the sura of $55,365 61.
The debts of the second class have been ascertained by an examine-
tionof the books of the office, and-the Records of the County and Cir-
cuit Courts for the counties of Davidson and Knox, and Magistrates'
Dockets of the county of Davidson. The amount appearing due by
these examinations on the 19th of February, 1840, was the sum of
$77,972 .581. It has been ascertained, however, that upon these debts
there was paid previously to the 19th of February, 1840, to the Cash-
ierof the Bank—Bank agents—Sheriffs—&c, the sum of $35,211 64£ ;
but no credits for such payments appear on the Books of the office, or
among the records of said County or Circuit Courts, The omission of
the entry of these payments on the Books of the office in some instan-
ces has arisen from the fact, that Sheriffs have collected money on exe-
cutions and failed to pay over the same, and with their securities have
proven insolvent: in other instances the debts, after judgments, were
renewed by the debtors giving new notes, but no satisfaction was en-
tered on the judgments. At the session of the General Assembly of
1839, a commltUe of the two Houocaj considered the debts of the so-
4
■fcond class in a condition so desperate, that an abandonment of them
was acquiesced, in. But (he Superintendent, finding the most of them
charged on the Books of the office and no reason appearing in most of
the cases why they were not collected, deemed it his duty and the in*
teresi of the fund, to prosecute an enquiry into their condition, and to
note On the Books the result of the enquiry. He caused between three
and four hundred executions to be issued on those old judgments, and
has realised for the Fund therefrom, at Comparatively little expense, the
sum of $2,SOT 73. Injunctions have been obtained against executions
in a few instances, which may be dissolved, and the money made. In
other instances, the Sheriffs in the several counties have failed to return
the executions. A portion of the debt reported by Sheriffs and agents
as desperate, may, by proper management, be collected. The total
amount yet due of both classes, exclusive of interest, which cannot be
reliably stated in many instances, is the sum of $114,007 75. For a
more detailed statement, see exhibit marked D. Before leaving this
subject it is respectfully suggested, that a law be passed giving the
county agents a discretionary poWeV in cases where there has been a re-
turn of no property found by a -sworn officer, to compound with the cred-
itor, or give him time, on the debts being well secured, and make the
agent's compensation a liberal per centum on the sum he shall collect
and pay over. There is a debt owing from the Nashville Bank, bal-
ance due, principal and interest to the first of September last, about the
sum of $31,850. This claim was placed in the hands of the Attorney
General for the proper district, John Trimble, Esq. in 1837, for collec-
tion, and has been since under his management for collection. For the
character of the debt, and steps taken to secure the same, reference is
made to Mr. Trimble. Since ihe 19th of February, there has been re-
ceived for dividends on Union Bank stock, added to a premium of 5
per cent, en $1,166 82 of such dividend, the sum of $3,649 89
and Planters'Bank stock the sum of $14,670. See .exhibit E. There
has been received from the Treasurer of the Nashville, Murfreesbo-
rough, and Shelby ville Turnpike Company, on account of interest for
the Common School fund for Davidson, Rutherford, and Bedford
counties, vested in the stock of said Company, the sum of $3113,
which sum has been distributed in the following manner, viz:—To
Common Schools of Davidson county, the sum of $'1351 29. To
Rutherford county, the sum or $1172 24. To five school districts of
Cannon county, the Rutherford fraction of Cannon county, the sum of
$250 96. To the 8th school district in Fentress county, the sum of
$91 91. To the 9th school district in Warren county, $246 60. The
8th district in Fentress and 9th district in Warren county- were omitted
by oversight, in the general distribution of the funds of the State, made
19th of February, 1841, and as a portion of'the interest due from the
Turnpike -Company belonging to the School fund of the State, the
shares of these, two last districts were taken from the same-
Luke Lea, Esq. Entry Taker for Ocoee Land district, has paid into
the Bank of Tennessee since 19th of February, 1840, the sum of $97,-
347 87. See esdiibit E.
During the same tim& there has been disbursed in the r»avment nf sa*
s
laries to agents, attorneys?"fees, stationery, postages necessarily incurred
by the correspondence of the office,.costs of law suits, &Ci. &c. the sum
of $2212 96. See exhibit E..and K. For. redemption of old Bank of
Tennessee Notes $8. Paid to John- Mongold, agent for Overton coun-
ty, being that amount overpaid by him1, $22 14^, For a more specific
account of the total amount of receipts and disbursements since 19th of
February, 1840, see exhibit marked E. In conformity with the 2d sec-
tion of the act of the Legislature passed 28th of January, 1840, dis-
tribution was made among the several counties of the State for the ben-
efit of Qommon Schools, of the following sums, viz on the third
Monday of July, 1840, the sum of $114,584 77; and on the third
Monday of July, 1841, the sum of $120;449 9,9.. See exhibit L, and
G.
The total amount of the Common Sobool fond available, in Bank
Stock, &c, on the 11th day of October, and the amount of Balance esti-
mated as yet due from all sources, and which may be collected, will ap-
pear by reference to statement marked H. Statement marked (i) shows
the real estate reported by the county agents as belonging to the fund—
it is presumed there arepther lands not reported. In some instances in
the progress of collecting the Common School fund, counsel, other than
the Attorneys General for the district, has been employed, believing the
interest of the fond required that course.
It is provided in the 21st section of the act of 1S39, chapter 38, that
an election should be held in each school district in the Several counties,
on the first Saturday in June, 1840, and forever thereafter, every two
years, for the purpose of electing 3 common school commissioners for
■the district. No other time is prescribed by law at which an election
•by the people may be held. By the 4th section of the same act, when
the returns from the counties or districts shall be so defective that an
apportionment cannot be made by die Superintendent, it is made his
duty to ascertain, by the best evidence in his power, the facts upon
which the ratio of an apportionment shall depend, and make an appor-
tionment accordingly, The effect ©f the latter section is—that the gen-
eral distribution directed on the third Monday in July, in each year, is
made to eaqh Common School district in the State according to what is
believed, from the best evidence, to be the scholastic population of the
respective districts—whether the district is, in point of fact, organized
or not—and the apportionment for each county under the distribution, is
paid to the County Trustees-of the respective counties. Under the for^
mer section, it frequently happens that no election is held at the proper
time, by the negligence of the Sheriff or his deputy, or the failure of
the voters to attend the election, or from accident. It sometimes occurs
that the persons elected refuse to accept the trust. The consequence is,
that the district remains unorganized for two years. Again i it happens
in some instances, after- the Commissioners have been elected, and quali-
fied, that they fail to comply with the requisitions of the law, preparato-
ry to withdrawing the money from the County Trustee. It is manifest,
under these provisions, that considerable sums of money are being accu-
mulated in the hands of the County Trustees, belonging to the districts,
which may remaiu there for a great length of time, or be lost, and the
6
beneficiaries of the public bounty be deprived of the advantage of it
unless the proper corrective be applied by law. The law providing for
the laying off school districts, it is believed, has been a subject of abuse.
In some instances, cases have occurred where the share of the distiict
under a general distribution has not exceeded $13* It is submitted, if
some limit be not placed upon the reduction of the size or school popu-
lation of the district, from this cause, the apportionment will be in dan-
ger of being dissipated or rendered of less utility*
In some cases it will be seen that the amount collected is larger than
the amount reported by the agents as due. The discrepancy is owing to
two causes: first, the amount reported as due is the principal only, and
the interest 13 included in the amount received. Secondlv, they have
reported the Uncollected claims in their hands only, when they had mo-
liey previously collected and not reported. In some accounts yet unset-
tied, the balance that will be due on final settlements Will be much larger
than the amount now stated, Again : in many cases, m paying they have
not designated the interest, and the total amount collected has beencred-
iled as principal, by which the account as it stands on the books would
appear balanced; yet, when properly stated, by charging interest, &e. a
considerable balance would be shown as still due..
Since the Superintendent has been in office his time has been occupied
principally in the collection and securing of the debts due the Fund.—
An examination into its past and present condition will produce the con-
viction, fhdt his duties in these respects have been arduous. Allusionis
made to this subject only,, however, for the purpose of accounting for
his failure to present, to any considerable extent, those plans for the im-
provement of the Common School fund, and for the better organization
of the Common Schools, which the enjoyments of the office and the per-
formance of its ordinary duties might be expected to suggest. In con-
elusion it may be remarked, that whilst it cannot be disguised that in
some parts of the State, there is on the subject of education,-by means
of public patronage, an apathy on the part of the people, it is gratifying
to know that a project so beneficial in its particular effects, and so hon-
orable to those'who have advocated it, is rapidly increasing in popular
favor; and it is trusted that this favor will be universal, and founded on
a consciousness of substantial benefits derived* AH of which is respect-
fully submitted.
R. P, CURRIN,
Superintendent of Public Instruction*
Nashville, (October li, 1841,
r
(A;)'
Cl&'CULAR.-
Office oF Superintendent oF'Public Instruction,- >'
Nashville, March, 1841. y
Sir : At astearly a day as practicable after the receipt of this, you
•frill please prepare and forward' to this office a list of all the claims
placed iti your hands, or that you may haVe had charge of coming due
to the Common School Fund of the State of Tennessee, (from the date
Of your appointment asagent'for your county,) as well those that have
been paid as-those unpaid, with a full statement of eafch particular
claim, specifying which has been paid, in-whole or part, the'date of each
payment, and whether on account of principal or "interest, and the bal-
ance of principal that may yet be due on each claim,- and as far as you
can, designate each as good, bad,-or doubtful.- Annexed you will find a
form that may assist you in your statement.- Also forward a copy of
your vouchers tor any money you have paid over to the late Superin*
tendent or any other person. You'frill see by the third section of a
law (a copy of which J herewith send you) passed at the last session of
the Legislature, that it is made my duty forthwith to have all the mo-
heys due the School Fund of the State' collected. You will, therefore
proceed to urge payment, and if necessary to effect that object, put
each and every claim in suit. I-must also request so soon as the fact is
ascertained if any debtors should prove insolvent, that you will forward
to this office a certified cbpy of the execution", whether from the magis-
trate or Circuit Court with the return of the officer, &c. In all cases
where the debtors to the School Fund are believed by you to be insol-
vent at this time, you will please inform me when they became insolv-
ent, what indulgence if any has been given them by the directions of
the late Superintendent of Public Instruction, and what exertions have
been made to secure the debts, with all the directions given on the sub-
ject of those claims by the Superintendent. It is probable that there
may be land in your county that' has been sold for taxes, &c. and
bought by the trustees of Common Schools, which have not been re-
deemed, the redemption mopey may not have been accounted for; if
so,< please report to this office such lands or claims for money and all
other claims for land, money, or evidence of debts properly belonging to
or constituting th'e Common School Fund. You will see by section 2d,
chapter 39th of an act passed last session, that in future all.moneys col-
kfOtedj-must'be paid into the Bank of Tennessee ; any that you may
hereafter collect and pay over, you will please send to this office a list,
stating from whom it was collected, the amount of principal and inter-
est, each'designated so as to enable me to make proper entries on the
books of - the office.
I am, respectfully,
Your obedient servant,
R. P. CURRIN,
Superintendent of Public Instruction.
8
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S ~ -*
When due.
.1 ■ f i
fl
« k2 3
31 2 3 .
By whom due.
« O 6*
.< o sa
■3
(B.)
Nashyille(J| August 4, 1840.
'Sir : I wrote to you iu March last, requesting you to give roe a state-
ment of the situation of the claims due the Common School Fund in
your hands as Agent for your county. To that letter mo answer has
been received. I must again call your attention to that subject, and
refer you to the provisions of the third section of the law to regulate
the receipts and disbursements of the Common School money, passed
27th December, 1839. . X must ask that you will forward, at an early
day, a statement corresponding as nearly as you can with the requisites
of my letter of March; and at least give a list of each claim yet due—
amount—and whether considered good, bad, or doubtful—and proceed
forthwith to have all claims collected,, or proved bad by process of
law. ' f
Please deposit in Bank any money on hand.
I am, ^respectfully,
Your obedient servaut,
R. P. CURRfN*
Superintendent of Public Instruction.
(C.)
Dffiqe -of Superintendent of' Public' Instruction, \
Nashville, Ten. March 3d, 1841. $
Sir: I wrote you early in March last .on the subject of the Common
School Fund of your County,' impressing upon yo.u, in- compliance
with the 3d section of the law passed 27th of December, 1839, on that
subject, the propriety and importance of enforcing,-'without delay, the
collection of all claims in your hands, as Agent, due ,that fund, so that
the business might be finally closed. I trust yoS have so far progress--
ed in the matter that it will be in your power in a short time to say that
all the solvent claims have been collected, and'the amount paid over to
the Bank of Tennessee; and I must also request, that you will, at an
early day, (not later than the 1st day of September) report to this office
a list of all the claims then ifiyour ha-nds' uncollected, or botes,'judg-
ments, and other evidences of debt due said fund, designating each
claim, on whom, due, when due;, and -amount; and whether, in your
opinion, they are gPod, bad, or doubtful: by which I can mark on the
Register of Claims, on the books here, such as have been paid; as in
many cases, in depositing and paying over money, the aggregate amount
has been given, but the particular claims on which it was collected not
specified. These facts will enable me to report fully to the Legisla*
ture the total amount then uncollected and due to* the Common School
Fund, their character, &c.# I hope you will be particular and prompt
in your report, so that I can comply with my duties, &c.
I am, very respectfully,
Your obedient servant,
R. P. CURRIN,
Superintendent of Public Instruction
10
Statement of the amount of Notes, Judgments7 due the Common School
from the Books of the Office of Superintendent, Reports of the Agents for
said claims, previous to 19th February, 1840—-the amount since paid}
COUNTIES.
\First class cl'fclSecond class
in the hands claims, judg-
lof agents fortnients, due the
Ithe different
counties.
Anderson,
Blount,
Bledsoe,
Bedford,
Cocke,
Claiborne,.
Carroll,
Carter,
Campbell,
Dickson,
Dyer,
Davidson,
Franklin,
Fayette,
Fentress,
Gibson,
Greene,
Grainger,
Giles,
Hardeman,
Henry,.
Humphreys,
Hickman,
Hardin,1
Henderson,
Hamilton,
Haytvood, *
Hawkins,
Jefferson,
Jackson,
Knox,
Lincoln^
Lawrence,
McNairy,
Montg'iwery
Marion,<-
Meigs,-
Maury,
Madison,
65 84
4,424 66
1,853 00
947 00
4,195 00
205 86
440 00
886 36
224 42
12,567 98
4,424' 68
1,560 00
255 69
1,896 82
93 33
80 00
452 07
637 36
112 03
1,649 13
822 18
105 00
46 00
1,788 70
179 66
115 27
732 78
776 SI
3,900. 74
2,063* 14
old State
Bank.
Paid on claims
of the first
class, previous
to 19th Febru-
ary, 1840.
271 53
75 93
5,200 68
654 32
148 88
1,392 35
. 1,414'05
36,503 45 '
1,928 36.i
50 80"
634 14
186 85
415 06
1,273 m
314 20
11 50
163 57
356 43
62 24
53 10
1,321 94
128 00
673 23
30 50
252 Oli
16 62i
1,328 87
4^568 87
327 92
988 94
100 00
8,480 72
316 92
140 00
24 00
Paid on claims of the
24 class previous to
19th Feb. 1840, and
not credited.
1,593 83
l;S63 21
1,414 Oa
13,000 95
1,593 81
440 41
756 90
55 00
57' 14
53 10
600 00
1 S6f
76 63
126 63
427 70
67 82
1,614 19
11"
Fund oj the State of Tennessee, on the 19th February, 1840. Taken
the different Counties, fyc.—showing, the amount that- had been paid on
and the balance yet due and uncollected, fyc.
Received on
claims of the
first class,
since Febru-
ary 19,1840.
1,209 00
1,730 00
1,529 42
59 80
100 00
pOO 00
, 205 37
8,823 29
4,389 97
1,560 00*
91 14
323 21
850 00
99 00
r,025 89
50 00
2,432 42
116 00
147 12
235 40
3V782- 89.
Received on
claims of the
second class
since Feb. 19,
1840.
199 75
420 84
11,000" 00
53 75
Total bal'ce due
65 84
1,595 44
1,014 93
3,258 57
1,601 32
148 88
1,844- 64
1,558 32
340 00
61' 36
65 82
44,787 32
1,185 30
50 80
309 42
2,083 67
415 00
93 33
516 29i
1,408 27
1,814 82 ,
24^53
1,755'56
1,178 51
62 26
14 00
76 43J
615 10
329 80"
305 04i
115 27"
1,872 78
648 94
5,017 93
4,234 93
Balance due,
estimated
good.
1,220 54
763 00
528 01
340 00
61 36
22,081 82
477 52
25 69
' 1,534 36
93 33
608 00
1,778 82
13 03
470 00
822 18
46* 00
124 80
8 00
393 50
648 94
1,895 08
318 00
Balance due,
estimated
bad.
65 84
374 90
252 93
3,258 57
1,601 32
148 88
1,316 63
1,558 32
65 82
22.705 50f
707 78
50 80J
283 73
549 31
415 00
ii
516 29^
500 27
36 00
11 50
1,285 56
356 33§
62 24
14 00
76 43f
569 10
205 00**
305 04i
107 27
-1,469 28
3,122 85
3,916- 93
12
STATEMENT—Continued.
COUNTIES.
First class of
claims in the
hand? ofagt's
for.the differ-
»nt counties.
Second class o
claims judg-
ments, due the
old State Bank.
Paid on claims
of the first class
previous to 19
February, 1840
Paid on claims of
the 2nd class, pre-
vious to 19th Feb.
1840, andnotcred-
ited.
Monroe,
Morgan,
McMinn,
Overton,
Obion,
Perry,
Rhea, t
Rutherford,
Roane,
Sevier,
Sullivan,
Smith,
Shelby,
'Stewart,
Sumner,
Tipton,
White,
Wilson,
"Weakley,
Williamsoil,
Wayne,
Washington,
Warren,
241 00
1,068 19
107 20
300 79
700 00
2,100-00
85 00
2,159 00
4,844 88
,400 00
45 11
2,360 50
3,306 00
5,965 00
256 OS*
15,219 70
2,119 264
* 3,099 00~
2,500 00
127,387 18
78 60
1,160 05
4,251 36
1,056 87
297 67
23 15
1,711 78£
10
41
283
65
2,106 59
1,078 21
140 20
38$ 93
1,162 78
1,066 08f
1,491 064
169 05
■ .66 81
1,606 03i
159 m
259 53'
16 05
245 02
684 32'
77,972 58i
11,347 291
,431 00
124 56
247 67
999 71
123 23
140 20
31 80
42 16
130 55
66 81
132 00
35,211 641
* Balance estimated,
18,000 of this bajapce-, estimated as good, is the principal on a debt due by
thp Nashville Bdnk ; the residue is in suit and executions.
1560, collected in Payette county, from old Bank Agent.
|| Reported by Agent in his hands, October, 1839.
^Estimated, and inthe hands of Samuel Frazier, Attorney General, for cpl'ec-
tiop,
13
STATEMENT—Continued,
Received on
claims of the
first class since
February 19th
1840.
Received on
claims of the
second class
since Feb. 19,
1840.
TbtTb&fcedue
Balance due,
estimated
^oo d.
Balance due,
estimated
bad.
194 25
735 00
2,034 30
50 00
75 00
1,170 00
530 00
•
• '945 65
152 21
1,502 16
91 15
517 25
1,632 31
3,100 00
33 15
712 07^
283 10"
65 41,
3,155 50
5,209 66
333 06
30 15
1,5C0 00
10 00
1,139 00
■ 3,566 97
152 21
1,169 00ff
61 00
517 25
1,632 S'lJJ
600 00)111
23 15
71.2 07i
283 10
65 41
2,016 59
1,642 68}
26 22
164 36
•3,149 98
201 79
14,021 25
768 94
2,534: 60
51 86
129 88
757 13
1,181 67
3,220 06
4,797 06i
.1,551 50"
31 894
'2,501 60
2,119 26.i
1,840 61"
93 47
1,754 96
'3,306 00
•678 50
260 00
2,088 76f
1,783 36
757 13
1,181 67
1,465 10
1,491 06J§§
873 00
31 894
2,241 60"
30 50
57 25
93 47
55,365 61
51.807 73
i 14,007 75
51,001 854
63,005 90
"Moneyr collected by sa^Agent.failed'to report.
^lled t0 report—In h*,ast)f R. R. Reynolds, Attorney General.
118/00of this balance, estimated Gvu?by W.N. Watson, old Bank Agent - his
bond in hands of A. W. O. Totten to* collection. '
|| Agent failed to report, and this balance estimated.
§Agent failed to re.port—rSuit instituted against him.
i!4
RECAPITULATION]
/Amount of claims of First Class, in the
hands of Agents m the different counties, $127,387 IS
Amount of claims of Second Class,*judg«
ments due old State ..Bank, -77,972 58J-
Ditto received on claims of First*-Class,
previous to 19th February, 1840, 41,347 29{
.Ditto received on claims of Secohd Class,
previous to 19th February, lA 840, and
.not credited, .35,211 64J-
yDitto received on claims».of First' Class,
. since 19th February,rdLS40, -.55,365 61
Ditto^received on claims of Second Class,
since 19th February, 1840, 2,807 73
Balance due and estimated good, 51,001 85
Ditto due and^stimated bad, • 63,005 90
*Of the,above.aggregrate of $58,173 34,
received on account of claims of the
JFirst and Second classes, since 19th Feb-
ruary, 1840, there was received, on ae-
count of principal, ■' 50,325 54
. And -on account of interest^ . 7,847 80
$205,359767
46,558 9-3
58,173 34*
,.114,007 75
5S.173 ^
15
(E.)
Total amount of Receipts and Disbursements of the Common'School Fund
of the State of Tennessee from ISth.of February, 1840, to 11th of Oc-
tober, 1841.
Amount rec'd and paid
into the Bank of Ten
nesss on claims of the
1st and 2d class, -
H } 140 shares of
y tr; > Union Bank
• ■ ^ ) Stock transfer-
/ed by order of the
President of the Board
of Common School
Commissioners ofWil-
liamson county.collect-
ed out of first class, j
Amount paid ,to Bank
of Tennessee by En-
try Taker of* Ocoee
Land district,
Div. on Union Bank
stock, - - - -
do Planters'
Amount paid by W:
Edmondi on, Receiver;
on account of .the debt
due by R. H. M'Ew*
en, late Superintend-
ent, - m
Disbursed.
Expense account.-—'
See exhibit K,
Redeemed notes, old
State Bank
Refun'dtoJ. Mangold,
agent of Overton cO.
Principal.
Interest.
Tottl.
133,325 54
7^847 80
14,000 00
,50,325 54
7,,847 80 '
.'58,173 34
97,347 .87
97,347 87
3,649 99
14,670 00
18,319 99
17,017 35
•97 37
17,114 72
$164^690 76''
26,265 16
190,955 92
2,182 81*
N 8 00
22 14a
2,212 951
16
(F.)
James K. Polk, Gov. and otters, ) In Chancer)r at FranUnn,
Robert H. McEwen, and others, ) April Term, 1841.
This Cause came on at a forrherday of this term, and also on this clay,
to be heard before Hon. L. M. Bramjett, upon bill, answers, replica*
tions, exhibits and the proof in the Cause—when it appeared to the
Court, that the defendant was appointed Superintendent of Public In-
struction by the Legislature of Tennessee, on th-e 28th of February,
18^6, and was re-elected in February, 1838—executed his official
bonds, copies of which are exhibited with the bill—took the oath of of-
fice as required by law, and entered upon the duties of his office; that
said Robert H. McEwen, during the tipe he was Superintendent, re-
eeived large sums of money belonging to and accruing to the Common
School fund by the Constitutipn and laws of this State—and, also, sev-
eral sums of money belonging or appropriated to use of Colleges and
Academies. It also appeared to the Court, that said Superintendent
had previously, to the time of suspension bf specie, payments by the
Ranks, in May, 1837, invested large sums! of money which he had col-
lected, in stock of the Planters' Bank of Tennessee—and after the ere-
ation of the Bank of Tennessee, had invested large sums of money in
the stock of the Bank of Tennessee, -as required by law; and that he
had, from time to time, collected large sums of money, over and above
expenses and disbursements, which had not been, invested, either in
stock of the Planters'Bank or Bank of Tennessee—and that he had
loaned out to different persons, at different times, large sums of money
so collected-r-and particularly to John Scott, with wbo-m he was con-
nected in business, and McEwen, Whiteman & Co. of which firm he
was a partner. It is ordered, adjudged and decreed that it be referred
to the Clerk and Master to take an account of ah sums of money col-
lected by said Robert H. McEwen, as Superintendent of Public Instruc-
lion, belonging to the Common School fund, Colleges, or Academies,
during the time of his continuance in office; or which by reasonable
diligence he might have collected—and of whom and when the same
was received, and how invested, and disposed of, and what reasonable
'expenses were paid by him, and disbursements made, and how much
was invested in Planters' Bank stock, and when, and how much, was
'invested in stock of the Bank of Tennessee, or deposited in said Bank,
and at what time. And in taking said account, the Clerk and Master
may examine the defendant on oath, and require the production of all
books, papers and vouchers, and take the depositions of witnesses for
plaintiff and defendant, and state separate accounts for the first two
years, to the time of executing the second bonds, and an account sub-
-sequent from the date of the second bond. And the following diree-
tion will be observed by the Clerk and Master, in taking and stating
theaccount, upon the money loaned John Scott, compound interest will
be calculated with annual interests ; and also, upon the money loaned
■to McEwen, Whiteman & Co.; and,,, aLn, if. anyJ^W<*g^^raained ia
17
his hands over six thousand dollars (which sum the 'Court think itrea-
sonable for him to retain in his hands, for the redemption of the notes of
the old Bank of Tennessee and other-contingent expenses,) before the
time of the suspension of specie payments in May, 1837, which was
not invested in the stock of the Planters' Bankof Tennessee, compound
interest should be calculated, in the same manner. The Courtis also of
the opinion, that the investment in Planters' Bank stock should have
been made in a reasonable time after-the reception of the money-r-which
would be one month—and interest shouM be calculated after such peri-
od had elapsed, and subsequent to May, 1837: it was no breach of trust
to cease to invest the moneys collected in Planters'Bank stock, as the
same had become depreciated. This Court is also of opinion that the
defendant had a right to receive of all his agents, such funds as were
received by them previous to the suspension of specie payments, if the
same wete current and passing at par when they received them, and
for a reasonable time afterwards; and the defendant was authorised to
loan such uncurrent funds with or without interest, for a reasonable time,
to be returned in good funds : but if any loans were made before the
month of May, 1837, they were unauthorised ; and the defendant is to
be liable therefor, as the paper was up to such time current. Defendant
is not liable for receiving in depreciated Bank paper any debts, if the
same were doubtful as to the solvency of the debtors, if he used such
means as a prudent man would-have done in his own business under the
like circumstances, or if he used the same mode of collection as other
agents of moneyd institutions ; and defendant vtfill be permitted to show
the kind of funds he received in payment of any debts, and the circum-
stances under which the same was received ; and if it shall appear he
acted with a View to the security of the fund in such particular case, then
he is not to be charged with good Tunds, where he received the debts in
depreciated paper, except from the time when he converted the same in-
to good funds afterjhe suspension of specie payments; unless the debts
were well secured—in which event, he was not authorised to receive
uncurrept money. The Court is of opinion, that the defendant was not
authorised to loan money, or funds, to the Holly Springs Bank, or to
other persons, in Mississippi, and is properly chargeable with any loss
that happened thereby. The defendant is not to' be"charged with in-
terest on any money in his hands after the suspension of .specie pay-
ments, to the time when the State Bank went into operation, in 1838,
unless the said money was loaned Or used by him in his own business,
orb? trade" and when interest or profit was receivable, defendant must
aeeount for principal and interest received—except in case where de-
fendant can show before the Master that the fund thus loaned was re-
ceived in depreciated paper, under the circumstances before stated, and
the object of the loan was to convert it into good funds; and then, if
the same was secure and deemed good at the time? then the defendant is
not to be charged there with, except as before stated ; but all other loans
would be without authority. The Clerk and Master will charge the de-
fendant. with simple interest in all cases, except the money loaned to
John Scott and McHwen, Whiteman, & Co, and when it appears to
have been used by defendant himself, in his own trade or speculation ;
18^
and the Clerk.and Master*.will take an account of'all the • property of
©very description belonging to the Common School fund,.. Colleges or
Academies, which were under the control of .the defendant during the»
time of his continuance in offic'e—making to the defendant all just al—
lowances—and will make his report to the nefct terra of this Court: un-
til which .time all other matters -are reserved..
AiCopy. Attest:
BENJ. LITTON,.,.Clerk, &c.
By James M-Glexx. .
(G.).
Statement of the amount of Common School Funds distributed in the dif- -
ent counties of the State, on the third Monday, 19th July, 1841., in con- -
formily to the act of the Legislature passed 2Qth of January y 1840, and
Jrom what sources derived, (to wit:)
Annual appropriation*by the State, $100,000 CO r
On account School Land tax, 1839,, $952 03.
Bonus on Farmers? and Merchants'
Bank of Memphis, 1838, 3,000 00
do do do 1839, 3,000*-00
do do Planters'Bank, 1840, 10,000.00'
do from Marine and Fire In-
surance Company, 1840, 750 00
do from Life and Trust Company,,
1840, 750 00 .
Appropriated by the State In lieu of
Tax on School Land, (see act
of the Legislature, 27th Dec,,
1837,.chap. 39, sec. 10A 2,000 00
* 20,452 06
$120,452 06.
i r
COUNTIES.
Popu-
lation.
Dolls, i
Cts.
Anderson,
1699
1,099
67
Benton,
1405
909
37
Blount, -
3068
1,985
75-
Bradley,
2002
< 1,295
78-
Bledsoe,, - --
1558
1,008
41
Bedford, - - .
481-2
3,114
54
Cannon,
2006
1,298
39
Goeke, - - -
1876
1,214
23"
Claiborne,
2479
1,604
52
Carroll,
3154
2,041
41
Carter, ....
1339
866
67
Coffee, -
2305
1,491
87
CampbelL. - -- -
1679
1,086
73
Be Kalb. - - • -
1758
1,137
86
Dickson,
1423
921'
05
Dyer,
Davidson,. -
1006
651
la
4475
2-896
43
Franklin,. -
2575
1,666
67
Fayette, - - ,
2807
1,816
83
Fentress, -----
853
552
11
Gibson, - -■ -• -
3244
2,099
69
Greene,
4051
2,622
00
Grainger,,
' 2762
1,787
64
Giles, -
3542
2,292
56-
Hardin, - -
2360
1,527
49
Hardeman, -* -c
25Sl
1,642
06
Henry,
3360
2,174
77
Humphreys,
1 1223
791
58
Hickman,' - - - - • "
2254
1,458
90
Henderson,
3049
1,973
4&.
Hamilton,
2160
1,398
07,
Haywood,
1998
1,293
24.
Hawkins, J
37187
2,451
13
Jefferson,
3125
2,021
63
Johnson,
73(
476
37-
Jackson,t
348'
2,257"
61
Knox-, - - ■ —
3*711
2,407"
11
Lincolii, %
' 4916
3,181!
9q
Lauderdale, - T"
56c
3 G4r
41.
Lawrence,
183(
ljl&L
45,
McNairy, j 41
2757
* r,7S4 ■
4<j
Montgomery, - ■-
Maripn, -
2442
1721
1,580
K,113
57
91
Meio-s.
1450
938
52
a
So
1
8
1
4636
3,002
04.
20
COUNTIES.
Marshall,
Madison,
Monroe,
Morgan,
ATM inn,
Overton,
Obion,
Rhea,
Robertson,
Rutherford, ,
Roane,
Sevier,
Sullivan,
Smith,
Shelby,
Sumner,
Stewart,
Tipton,
White,
Warren,
Wilson,
Williamson,
Weakley,
Wayne,
Washington,
Polk,
Perry
Van Buren,
Popu-
lation.
JDols. Cts.
3184
i 2,060 83
3176
2,055 66
3303
2,137 87
448 54
693
3760
2,433 67
2511
3,625 25
1201
777 36
1033
668 60
3041
1,968 2S
4143
2,681 54
2906
1,880 91
lS7i
1,211 22
2737
1,771 51
4819
3,119 09
2111
1,366, 36
4067
2,632 36
1674
1,083 50
796 12
1230
2869
1,856 96
2408
1,558 59
5240
3,391 38
4363
2,823 93
2676
1,732 00
2111
1,366 35
3024
1,957 27
660 84
1021
2394
1,549 50
540
349 52
186097
$120,449 99
School population of Jhe State, - 186,097
Amount of money distributed, , - - - $120,452 06
To each child, - - 64 11-16 cts.
„July 19, 1841.
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.(i.)
IListrof Real Estate belonging 1to tthe Common School Fnnd reportedly
the County Agents.
-* i ■» 1 ■ .
280 acres of Land in Dyer County, conveyed by Solomon Clark to the
Bank of the State-of Tennessee—see Deed.
Cost, - - - $980
Estimated worth of do -
•2 Lots in the town of Clinton, Anderson Gounty, Tennes-
nessee—no value.
1 Town Lot m Williamsport, Maury County, ^Escheat-
ed,) estimated value,
Apres of/Land supposed to have Escheated, lying in
Campbell'County, Airider the »ca!re of Gray Garrett, At-
torney. General-^-estimated, - - ' -
.;250 Acres of .Land ,in Anderson Gounty^testimated,
$560 00
400 00
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100 00
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-36
(L.)
'Statement of the* amount of CommonSchool'^Funds distributed in the differ-
ent counties' of the State, on the third Monday, 20th July, 1840, in con-
formityto the act of the Legislature^passett 28th January, 1840, and
, from what sources derived, (to wit :>)
-Annual appropriation by the State, $100,000 00
On account School Land tax, Tippling tax,13bonus from In-
surance'Companies and Planters' Bank, 14,590 46
$114,590 46
COUNTIES.
Popula-
ition.
Dolls. Cts.
.Anderson,
Benton,
Blount,
Bradley,
Bledsoe,
Bedford,
-Cannon,
Cocke,
Claiborne,.
Carroll,
'Carter,
Campbell,
Coffee,
JDeJCalb,
'Dickson,
Dyer,
Davidson,
Fraiaklin,
Fayette,
Fentress,
Gibson,
Greene,
Graingey, :
Giles,
Hardin, -
Hardeman, s
Henry, :
.Humphreys,:
Hickman, :
Henderson,:
Hamilton, *:
Haywood, :
Hawkins, :
Jefferson, :
Johnson, :
1519
1318
2034
2193
1626
4605
1923
18 42
2449
3132
1357
1629
2173
1682
1439
696
4246
6575
2763
996
3061
.3976
2336
3542
2188
2481
3093
1193
2278
2864
2042
2028
3503,
2997,
7151
27
COUNTIES.
3438
3761
4716
563
1768
2619
2435
1819
1442
3166
4742
3184
3303
658
3669
,2515
1245
2146
1033
3041
4331
295J
1765
2489
4829
19 6
1716
4067
1163
2786
2870
5064
2300'
43651
20581
2846
Dolls. Cts.
Jackson, :
Knox, :
Lincoln, * :
Lauderdale,:
Lawrence, :
McNairy.,
Montgomery,
.'Marion, :
'Meigs, :
Marshall, :
Maury, ^
Madison,
Monroe, :
Morgan,
McMinn, :
Overton,
Obion, •:
Perry, :
Rhea, :
Robertson,::
Rutherford, :
Roane, :
Sevier, ^
Sullivan,
Smith, :
Shelby, ; *
Stewart, t
Sumner, :
Tipton, :
White, :
W arren, x
Wilson, x
Weakley, ::
Williamson,
Wayne, r:
Washington,
416 9'
2325 0!
1593 71
788 91
1350 91
654 63
1927 l«
2744 5£
1870 01
1118 51
1577 30
3060 16
1243 33
1087 44
2577 39
736 98
1765 51
1818 73
3209 12
1457 53
2766 16
1304 15
1803 54
[ 180,8101 $114,584 77
School population of the State,, - - J ISO,819
Amount of money distributed, -- I $114,584
To each child, - - - <63 .5-16 cts.J
July 20, 184&
2&
REPORT
Of the Bank of Tennessee, to the General Assembly oj the State of Ten->-
nessee, Oclober 8thy 1841.
Bank of Tennessee, )-
Nashville, Oct.8th, 1841. $
To the General Assembly of the Slate of Tennessee:
In obedience to the requisitions of the charter, I transmit herewith a
statement of the condition of the Bank of Tennessee and its Branches,
(marked A) the details of which will, I trust, meet your entire appro-
bation.
Since my communication of the 7th October, 1839, no material change
has taken place in-the situation of the Bank, nor have any circumstances
transpired, calculated to cause any alteration in the views and opinions
then submitted to your consideration. To the system of action, and the
different amendments th'en suggested, I beg leave again most respectfully
to direct your attention'; but particularly do I invite your notice to that
portion of my report relative to the interest on the State Bonds, issued
for the purpose of creating a banking capital. ,
This interest, in my opinion, should be charged to the expense account
of the principal Bank and the several Branches,in their proper and just
proportions ; thereby constituting the debt thtrs stated-an obligation first
to be discharged by each.
It will be remembered by your honorable body, that the Banks in Ten-
nessee including this institution, suspended specie payments in the month
of October, 1839. Throughout the Union all other Banks, with but few
exceptions, shared the same late*, and it remains at this late day extreme-
ly uncertain when a general resumption will lake place.
This, with other developments affecting the character of the whole
paper system, as it is now in operation, has caused many of our most in-
telligent citizens to entertain strong doubts'of the utility, the durability,
and the permanency of our Banking institutions. Situated as our coun-
fry is, however, doomed to the use of paper money, or destined to es-
cape it at the risk ofimmense sacrifice in some form orother, these pain-
ful reflections should not deter us from attempting to discover and cor-
vect the defects of that system ; and this I hope will be my sufficient
applogy for the few suggestions I shall venture to lay before you, rela-
live to the future policy of the institution'over whloh it has been my hoi>
59
or to preside from its first organization. They are, as I conceive, em-
inently calculated in their effects, to guard against fraud, peculation and
corruption. They are intended also to secure harmony of action be-
tvveen the principal Bank and its Branches—a state of things essential to
the prosperity of the whole concern, and in the absence of which we
can never reasonably hope to accomplish the great objects contempla-
ted by your predecessors, in the original establishment of the institution.
And first of all do I advise legislative interposition, prohibiting all sal-
ary officers from enjoying, or in any wise participating in the loans, dis-
counts or accommodations of the Bank or Branch over which thfey may
preside, or be employed ; thus we may be permitted to indulge the hope
.in the efficacious tendency of such a step to secure the institution againsi
many serious and disastrous abuses; and if it could be made to comport
tvith the means and ability of the Bank to have the same salutary provis-
ion enforced upon all the Directors, the fruitful cau.se of much evil would
■be avoided, and we might congratulate ourselves upon the removal of inr
iluences which havejeopardized the solvency of many of our best mon-
• eyed institutions. It would be impossible! however, under such restric-
tions to command the services of competentindividuals at the several dis-
count Boards, without suitable compensation; and this under our present
organization would absorb so large a portion of the profits of the institu-
lion,-.as to fqrbid its adoption, unless a reduction of the number of Di-
rectors and Branches, was deemed by your honorable body desirable and
proper. I do not feel prepared to advapce such an experiment, but con-
tent myself by stating the evil and the remedy, leaving it to the wisdom
of the Legislature to determine whether the remedy in the end rpight not
prove worse than the disease. n
The experience of the last two years has added nothing to the evidenoe
of a successful capacity, on the part of the Bank to sustain itself, under
its present organization, or of its ability to accomplish the purposes for
which it was created; nor can the experiment be fairly tested whilst the
operations of the institution continue to be facilitated by the suspension
of specie payments, the existence of w^ich necessarily favors expansion^
and keejis up or-increases the profits accruing from the business of the
Bank. Such a state .of things, however, ought never to be encouraged—
it must end sooner- or later—for there is nothing more certain, than that
the community, will only continue to receive and give circulation to-an in-
fenor currency—regardless of its real value so long as thai currency will
pass readily in the liquidation of debts, and no longer j or until a better
is furnished in a sufficient quantity to meet all the purposes of trade.—
The experience of the past, also, painfully proves the great danger to
he apprehended,'both to the community and the Banks, from sanction-
ing or sustaining for.any considerable length of lime, the suspension of
specie payments. I need not stop to remind your honorable body, that
every dictate of honor and prudence, admonishes us to be prepared for
the wholesome and necessary change, for come that change.will sooner
or later; and I respectfully submit that it is the imperative duly of those
whose province it is to guard and protect the best interest of the people,
to examine, ere it be too late, their monetary system, ?nd upon mature
and deliberate reflection, to correct any imperfection which may threat-
3CP
en the existence o,r utility of that systemj The character of the State;,
the future security of a large-public capital, and the great and beneficial
objects sought to be secured'through its instrumentality, are to a consid-
erable extent identified with the success or failure of the Bank; To de*
lay an immediate scrutiny, and a prompt remedy for some of the defects
which, to my humble view-y seriousl" endanger the successful operation
of the institution, would-be to jeopardize all those great interests, and
whilst I seek to fulfil my official obligations by suggesting these defects,,
I am happily persuaded that no temporary inconvenience or sectional
feelings will'divert the Legislature from'a strict investigation of the whole-
subject, and the extension of fhose healing influences which it is alone in
your power to apply.
The capital of the Bank of Tennessee was created, or stands secured,'
by the united responsibility bf the State. It is consequently the com-
mon property of the people, and was invested by their representatives
for great and useful purposes. If the large amount pf money thus ^brought
together, and all accruing interest, is not guarded and applied with scru- -
pulous watchfulness and economy by some responsible and competent
head, and if this head in its turn is not governed by wise and judicious
laws, together with the constant and jealous supervision of the Legis-
lature, it does not require jthe spirit of prppliecy to foresee a disastrous
failure of the whole experiment- A. few years of apparent prosperity
may inspire hopes, but defects which lie at the bottom of a system, will
secretly, but surely undermine it^ and an an,hour when the country least
expects the catastrophe, a total explosion may convince us, when too
late, of defects which have been improvidently overlooked or disregard- -
ed, and involve the people of Tennesseerin calamitous losses.
With the deliberate convictions which impress me, Tsheuld be crim-
inally indifferent to the duties which«the- charter imposes upon the Pre-
sident of the Bank, if I did not state to, your honorable body, that I es-
teem the absolute independence ofdhe Branches, one of the most danger- -
ous and threatening imperfections-that attends the system. In making
this declaration, itiS possible* I am attacking honest prejudices, and I
may subject myself to severe censure for attempting to set up a central'
ppwer, calculated-!or designed'{as- some may be disposed to believe) to *
exert an unjust ar.cjl injurious control over the rights-,- the-interests, and
the privileges of that portion of the citizens who live at a distance;
this objection is, however, shorn of all its plausibility, if w'e but stop to*
consider- thact a power thus conferred will not ber permanent' and irre-
pealable.. When granted, as a matter of course, ifwill be wisely mea-
sured oat and regulated by some general restrictive principles. These-
will be.dictated by the combined knowledge, prudence, and foresight of
the Legislature, and if, upon trial, the experiment shall turn out to be
injudicious or oppressive,-if will b"e always at the opt ion-of the General^
Assembly to alter, amend, or altogether abrogate the innovation. But
of theconseqpence and vital necessity of such a change-in- the structure ■
of the institution, my mind cannot entertain a doubt, where every reason >
drawn from experience Or analogy proves ufs importance..
The Bank of Tennessee, wherever its capital is located or distributed'
among various Branches, and however defective its existing organiza-
3T
Dion, is--in the contemplation >of the charter am integral" institution, be-
longing to the same people, and having common objects to accomplish.
The fate of any one of its membersffor evil as well as for good, must
necessarily affect the whole.
In such an institution, harmony and union of action are essentiaLto
prosperity, and all must acknowledge that these cannot be attained-in
absence of the intervention and agency of* central power. The Bank
should be in fact what it was designed to be—a machine made up of dif-
ferent parts, each depending upon the other, the whole again managed
and sustained by a concert of design'and obedience in all its parts.
I will now call your attention to that clause in the. charter which re-
stricts the principal Bank and its Branches, respectively^ffrom.having a
larger line of Discounts in Bills of Exchange than they .are permitted to
have in Notes and Bills single. It was doubtles^ the original design of
the clause to secure to two great classes of the community—the produ-
cer and the trader—an equal participation-in the favors of the Bank.—
Nor is it my intention nowto question or disapprove the wisdom of the
policy which dictated this distinction ; but the restriction has ■ affected
.materially the profits of this institution, yearly burdened,.as it is, with
extraordinary pecuniary obligations; and it seems to me not improper
to urge upon your Consideration at this time, the propriety of'.removing
all embarrassing restrictions} and of permitting the .Bank hereafter—
like its neighbors—to gather legitimate revenue from the most safe and
profitable channels. Aside, too, from the prejudicial effects of such a
restriction, the injunction cannot operatcwith uniformity-all .over the
State ; at some points there are few or no-Bills in the market, at others
there are more Bills than Notes offered, whilst at no place are they equal-
ly divided. If no mdre will be granted,-.lido earnestly,but respectfully
invite-the Legislature, sodo amend"1 the law as to allow the principal
Bank and its Branches, collectively, to invest in Bills of Exchange a
sum as large as the amount vested in" Notes.. The Banks in the interi-
or must mainly furnish and replenish their vaults wTith specie by the in-'
strumentality of Bills of Exchange, predicated upon the produce of the
country,.without which no sure and positive reliance can be.placed in the
ability ,of our institutions to resume and continue the- payment of spe-
eie, permanently.. Aside from this important-consideration, and jn ad- -
dition, the Bhnk might with.'safety-extend its line of Discounts on Bills .
at short dates, predicated on actual shipments, without materially affect-
ing its ability to discount notes, from which the merchant would be en-
abled to purchase -the prodilce -of the • country, and 'thereby increase
competition in the market} and secure to the -planterffull.value at home,
for his labor.
If it shall please your honorable bod^-to engraft upon the Charter of
the,Bank the salutary amendments now submitted} permit me to add,
one other proposition, tfie novelty-and magnitude of which will not," I
trust, excite alarm or credulity.
The scheme is feasible. And'I am now prepared to say—after ma-
tare deliberation—that if faithfully adhered to, will secure to the State
a sound, permanent, and uniform currency. The circulation, and con-
sequently the profits of the Bank, will be increased, rather than dimia-
32
.ished, and we will 'be able t® -resume specie payments op our whole is-
sues, at least at as early a day as any other institution in the State. I
do not hazard the opinion without much thought and examination, and
the suggestion will not fail, I trust, to attract the serious consideration
of your honorable body.
I submit then that you give the Directors of the principal Bank au-
thority at their discretion, to decree the redemption of the entire circu-
Jation of the institution at their counter in Nashville. If this suggestion
should be approved it will become essential, in order to secure the
(success of the project now under consideration, that every practicable
facility should be furnished the principal Bank, by giving it the control
or custody of alHhe immediate or available funds of the institution, not
indeed on account of her own present liabilities, for I am happy to say
Sve have kept ourselves, at all times, sufficiently fortified to meet auy
emergency whatever, but to provide surely and promptly lor the as-
sumed liabilities on account of the Branches. And permit me here to
.assure you, that if this plan should be approved of by your honorable
body, the interest of the institution and convenience of the communily
would prompt the managers of the principal Bank, to place at each of
the Branches a portion of exchanges sufficient to supply the want of
their immediate citizens, and .also specie to answer their convenience,
and at points too, where none can be obtained from their ordinary Bank
transactions.^
I could readily anticipate some of the objections that may be urged
against the important alterations in the fundamental law of the Bank,
which I have thus deemed it a solemn duty to commend to your con-
sideration. It does not become me, however;, to swell this cotnmuni-
cation, by combatting in advance, arguments which may or may not, be
raised my proposition. If it should be, hereafter, necessary, others
perhaps, who are better qualified for the task th^n I am, and who are
now doubly charged, by their honorable station, with the future welfare
and security of the public money, will meet and answer all objections.
1 therefore dismiss this branch of my subject, only asking in behalf of
n:y opinions, that charity which I am always free to grant. If they are
unwise, I know they are sincere and well intended : and ad I design no
local advantage or personal benefit, I hope no offence or exceptions will
be taken in any quarter whatever wfith the frankness of my suggestions,
or the zeal with which they ?ire pressed upon your notice. Every
day7s experience strengthens me in the conviction, that the safety of the
Bank and its permanent usefulness depend upon their adoption ; and 1
could not discharge my obligations 'to the public without submitting"
my views to the judgment and decision of your honorable body.
I cannot forbear bringing under consideration, a subject connected
♦with the circulation of the Bank, during the suspension of specie pa)'-
ments.
In a laudable determination to keep up a sufficient metallic currency
to supply the inferior channels of trade and industry, it has been judged
expedient by many authorities to prohibit altogether the issue of small
Bank notes. Most generally the lowest denomination has been fixed at
bat with us since the first of January last the decimal has been en-
33
joined by the act of incorporation, and we can emit'nobdl now of a less
denomination than $10. In ordinary limes, the excellence and utility
ofthii principle would be questioned by but very few, and the absolute
scarcity of the precious mptals can alone excuse me lor suggesting the
thought of a contrary policy.
The necessities of the country, apdthe exigencies of tra 16, ""or several
years past have demanded, and still lequire a Supply of small notes ;
and who has furnished that supply ? or what stamp of c edit has the
heterogeneous mass of our inferior currency been? Some of it, I fid-
mit, emanated from responsible sources ; and its character being above
suspicion, left no fears or uncertainty, on the minds of tho^e who were
under the necessity of using it. Much of it again has been of a doubt-
ful or valueless mark, or of distant importation, well calcula od to vex
and ensnare the ignorant and unwary ; and consequently to discourage
industry and economy in that useful and deserving portion of society,
whose humble circumstances compel them to deal mostly in small sums
of mopey.
Government always fails in an important purpose of its creation,
when such evils are suffered to exist without some attempt, at least, to
correct or remove them. The remedy is in your hands, and I respect-
fully recommend a suit blc enactment, authorising this Bank—during
the suspension of specie payments—to issue, at discretion, notes of any
denomination not less than one dollar. '
The necessity and obvious propriety of the step, can hardly be
doubted; and besides, the protection and convenience such a measure
would confer upon the public, all.the advantages of a privilege—which
has been frequently purchased, at -a high premium—would be secured to
3 our own institution.
It will be seen from one of the accompanying reports, that under the
provisions of an act pf the last Legislature, a Branch of the Bank has
been, established at Spait.i, in the county of White.
The Directors of this institution have, by the concurring advice and
direction of his Excellency, the. Governor of the State, c pmed suit to bo
instituted against the securities of E. W. Dale, la'e Cashier of the
Branch at Columbia, for deficiencies in his Cash account amonnting'to
(on careful, examination of the Books) $3G,CC0 17.
We have no good reason, as yet, to doubt the liability of his sequri-
ties, to whom the State must look for indemnity.
As the revenue law only requires the Clerks and Sheriffs to settle an-
nually with the Treasurer, it follows that considerable s m.s of money
belonging to the State remain in the hands of those officers, idle and
unproductive for a cahsiderable portion of the year. The convenient
location of the Branches of this Bank, would enable these officers —
with little or no sacri'icc—to make quarterly deposits Of the public re-
venue; and I respectfully recommend the change. Under this system,
if it shall be adopted, a certificate of deposit can be made to represent
its amount in cash,.in the pearly settlements with the Tr 'asurer; and
the State would reap the double advantage, o" assuming the early custo-
dy and use of its own money.
It gives mq pleasure to assur your honorable body, that t e B .nk has
34
uniformly maintained the public faith inviolable, by promptly paying at
maturity the interest accruing upon the State Bonds; and I have the
further gratification to add, that besides meeting with fidelity, those and
other onerous charges upon the profits of the institution, it has been en-
abled to realize to the country, a surplus fund amounting to $278,534 39
including interest on State Stocks, &c.
We have not as yet.found purchasers, at the par value, for any por-
tion of the Bonds, issued for the improvement of rivers, &c. conse-
quently they remain in our possession, without having worked any ex-
penditure on interest qccount.
The Union and Planters' Bank have fulfilled the stipulations with the
last Legislature, by discharging, at the times agreed upon, the whole
balance of the surplus revenue heretofore deposited in their vaults.
In the general internal police of the principal Bank—and in the man-
agement and-.disposition of its funds, the -Directors have endeavored
scrupulously, so far as practicable, to observe the requisitions of the
charter, and" the-different injunctions subsequently imposed upon them
by the Legislature.
I will be prepared, at any moment, to furnish any information that may
be required, and confidently invite a most thorough and searching in-
vestigation of. all the affairs and transactions of the institution.
I have the honor to be,
most respectfully ?iyour obedient servant,
W. NICHOL, .President,
35
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37
AMOUNT OF NOTES UNDER DISCOUNT AT THE BANK OF
TENNESSEE, AT NASHVILLE.
DATE.
AMOUNT.
REMARK q.
1339,
1840,
October SO,
November 27,
December 31,
January 29,
February 26,
March 31,
April 29,
May 27,
June 30,
July 29,
August 26,
September 30,
October 28,
Nhvember 30,
December 30,
1841, January 27,
February 24,
March 31,
April 28r
May 26^
June 30,
July 28,
August 31,
September 30,
608,964
576,240
573,490
59^,586
665,539
714,943
751,029
765,396
778,387
778,651
782,128
815,047
812,1S4
821,453
803,504
760,717
742,547
805,318
800,281
808,836
833,058
864,822
850,862
871,578
72
6£
65
55
81
20
74
56
20
44
23
40
59'
14
99
18
47
08
14
61
31
02
47
23 I
38
AMOUNT OF DOMESTIC BILLS UNDER DISCOUNT AT THE
BANK OF TENNESSEE, AT NASHVILLEE.
AMOUNT.
REMARKS,
1839, October 30,
, November 27,
December 31,
1840, January 29,
February 26,
March 31,
April 29,
May 27,
June 30,
July 29,
August 26,
September 30,
October 28,
November 30,
December 30,
1841, January 27,
( February 24,
March 31,
April 28,
May 26,
June 30,
July 28,
August 31,
September 30,
323,110
322,862
327,698
300,444
302,555
254,109
201,231
196,087
165,453
134,413
140,775
129,084
117,775
149,074
199,251
216,734
236,644
243,265
272,114
255,809
234,607
234,691
261,962
269,067
08
17
09
46
33
11
22
61
50
99
72
52
20
38
53
53
53
28
11
79
01
41
05
82
AMOUNT OF STATE BONDS PURCHASED AT THE BANK
OF TENNESSEE, AT NASHVILLE.
1841, September 30, $34,000 00
39
AMOUNT OF BILLS AND*NOTES IN SUIT AT THE BANK
OF TENNESSEE, AT NASHVILLE.
date.
.. .. i
amountI,
4
remarks.
1839,
October 30,
22,869
92
November 27,
23,457
92
December 31,
23,457
92
1S40,
January 29,
25,284
84
February 26,
, 38,966
36,059
92
March 31,
08
April 29,
34,594
35,5Q6
65
May 27,
65
June 30,
43,198
24
July 29,
42,965
46
August 26,
42,134
89
September 30,
'46,690
75
October 28,
69,609
82
November 30,
64,946
63,024
86
December 30,
86
1841,
January 27,
67,633
90
February 24,
70,893
98
March 31 ^
68,079
73
April 28,
74,514
98
May 26,
66,372
30
June 30i
60,531
42
July 28,
57,036
42
August 31,
September 30,
48,082
35
48,811
00
.
40
AMOUNT OF EXPENSE ACCOUNT AT THE BANK OF TEN-
NESSEE, AT NASHVILLE.
DATE.
1 AMOUNT.
REMARKS.
1830,
October 30, *
November 27,
5,270
95
6,654
13
December 31,
10,556
11
1840,
January 29,
10,700
09
February 26,
12,374
07
March 31,
14,010
02
April 29,
14,634
50
May 27,
June 30,
July 29,
15*411
19
17,098
18
441
54
August 26,
September 30,
1,220
16
3,424
90
October 28,
November 30,
3,900
71
5,669
13
December 30, •
6,637
40
1841,
January 27,
7,744
88
February 24,
8,927
23
March 31,
10,940
78
April 28,
11,009
88
May 26,
11,941
40
June 30,
13,607
38
July 28,
416
67
August 33,
1,894
65
September 30*
3,269
81
41
AMOUNT DUE FROM BANKS TO THE BANK OF TENNES-
SEE, AT NASHVILLE.
DATE.
1839, October 30,
November 27,
December 31,
1840, January 29,
February 26,
March 31,
April 29,
May 27,
June 30,
July 29,
August 26,
September 30,
Oqtober &8,
November 30,
December 30,
1841, January 27,
February 24,
March 31,
April 28,
May 26,
June 30,
July 28,
August 31,
September 30,
amount-
418,706
426,963
465,898
528,223
453,664
244,304
413,498
448,179
650,521
583,917
528,038
■ 527,498
426,775
398,266
297,055
429,013
428,924
370,259
443,912
464,940
436,158
456,396
402,274
356,171
46
84
66
31
05
46
91
38
99
50
95
86
29
29
07
59
07
41
77
68
23
56
65
31
REMARKS.
42
AMOUNT OF NOTES OF OTHER BANKS ON HAND AT THE
BANK OF TENNESSEE, AT NASHVILLE.
DATE.
AMOUNT.
REMARKS.
,1839,. October 30y
November 27,
December 31,
1840, January 29,
Februaiy 26-,
March 31,
April 29,
May 27,
June 30,
July 29,
August 26,
September 30,
October 28,
November 30?
December 30,
1841, January 27,
February 24,
March 31,,
April 28,
May 26,
June 30,
July 28,
August 31,
September 30,
222,781
218,258'
154,904
180,442
642,522
582,993
430,420
320,525
97,469
220,508
192,423
107,180
181,688
195,049
269,453
191,223
183,538
154,452
106,971
102,305
93,230
84,518
102,247
131,781
00
43
02
78
68
76
13
49
96
79
21
38
21
66
05
53
07
46
85
00
97
40
42
34
43
AMOUNT OF SPECIE ON HAND AT THE BANK OF TEN-
NESSEE, AT NASHVILLE.
DATE.
AMOUNT.
REMARKS.
October 30,*
138,965
29
November 27,
139,351
23
December 31,
140,559
18
January (29,
138,266
41
February 26,
139,364
08
March 31,
133,384
36
April 29,
134,171
55
May 27,
133,042
87
June 30,
131,668
49
July 29,
August 26,
132,183»
70
136,130'
20
September 30,
136,366
22
October 28,
133,657
15
November 30,
130,485
31
December 30y
130,389
12
January 27,
139,975
52
February 24,
141,199
92
March 31,
138,293
41
April 28,
136,544
42
May 26,
132,542
62
June 30,
130,270
22
July 28,
August 31,
138,844
89
136,420
85 .
September 30,
144,106
90
44
AMOUNT OF INTEREST PAID ON BANK AND INTER.
NAL IMPROVEMENT BONDS BY THE BANK OF TEN-
NESSEE, AT NASHVILLE.
jDATB.
Bank Bonds. lmP™™;»ent
Bonds.
TOTAL.
1839, October 30,
November 27,
December 3-1,
1840, January 29,
February £6,
March 31,
April 29,
May 27,
Jun^ 30,
July 29,
• August 26,
September 30,
October 28,
November 30,
December 30,
1841, January 27,
February 24,
March 31,
April 28,
May 26,
June 30,
July 28,
August 31,
September 30,
40,750 00
70,750 00
70,750 00
70,750 00
70,750 00
70,750 00
70,750 00
100,750 00
100,750 00
100,750 00
100,750 00
100,750 00
100,750 00
100,750 00
100.750 00
100,750 00
130,750 00
130,750 00
130,750 00
160,750 00
160,750 00
160,750 00,
160,750 00
160,750 00
9,524 99
12,340 61
13,219 36
15,070 36
16,702 89
17,434 11
20,714 11
27,082 52
36,729 01
38,559 01
41 437 96
42,101 48
43.219 34
51,217 01
57,751 14
59\1.39 50
64,933 00
68,138 42
71,782 56
74,472 99
75,481 05
76,676 18
94,709 30
94,989 30
50,274 99
83,090 61
83,969 36
85,820 36
87,452 86
88,184 11
91,464 11
127,832 52
137,479 01
01
96
48
34
01
14
50
00
42
56
99
05
18
139,309
142,187
142,851
143,969
151,967
158501
160,489
195 6S3
198,88S
202,532
235,222
236,231
237,626
255,459 30
255,739 30
45
AMOUNT OF CAPITAL STOCK OF THE BANK OF TEN-
NESSEE, AT NASHVILLE. >
date.
amount.
remarks.
1839, October 30,
November 219
December 31,
1840, January 29,
February 26,
March 31,
April 29,
May 27,
June 30,
July 29,
August 26,
September 30,
October 28,
November 30,
December 30,
1841, January 27,
February 24,
March 31,
Apnl 28,
May 26,
June 30,
July 28.
August 31,
September 30,
944,753
1,007,172
1,007,172
1,014,771
1,182,136
*1,210,344
1,210,344
1,210,344
1,214,780
1,216,922
1,216,922
1,216,922
1,216,922
1.216.922
1.216.923
1,221,082
1,221,082
1,221,OS 2
1,221,082
1,221,082
1,221,082
1,238,706
1,238,706
*1,238,706
17
38
38
68
77
03
03
03
28
13
13
13
13
13
13
41
41
41
41
41
41
08
08
08
* $300,000 of this amount is floating Capital.
AMOUNT OF NOTES IN CIRCULATION OF THE BANK
OP TENNESSEE, AT NASHVILLE.
DATE.
AMOUNT.
REMARKS.
1839, October 30,
161,203
135,593
November 27,
December 31,
115,737
1840, January 29,
100,674
February 26,
94,774
March 31,
* 115,807
April 29,
110,113
May 27,
115,260 .
June 30,
145,658
* July 29,.
August 26,
131,174
118,625
September 30,
108,008
101,576
October 28,
Novembpr.30,
99,582
December 30,
87,029
1841, January 27,
81,938
February 24,
76,656
March 31,
70,515
April 28,
55,720
May .26,
50,930
June .30,
46,618
July 28, '
August 31,
44,633
41,420
September 30,
38,801
4-
47
AMOUNT DUE TO BANKS BY THE BANK OF TENNES-
SEE, AT NASHVILLE.
DATli.
AMOUNT.
REMARKS.
1839, October 30,
November 27,
December 31,
1840, January 29,
February 26,
March 31,
April 29,
May 27,
June 30,
July 29,
August 26,
September-30,
October 28,
November .30,
December 30,
1841, January. 27,
February 24,
March 31,
April 28,
May 26,
June 30,
July 28,
August 31,
September1 30,
62,066 43
40,944 90
48,157 86
48,503' 06
355,743 -87
239,469 63
219,185 29
171,199 53
108,448 93
88,287 65
44.535 19
30.536 77
28,048 49
20,321 24
39,303 60
5,395 24
57,446 79
32,487 31
16,670 97
24,765 97
14,432 19
15,968 58
20,544 18
26,435 m
48
AMOUNT OF INDIVIDUAL DEPOSIT? AT THE BANK OF
TENNESSEE, AT NASHVILLE.
DATE.
AMOUNT.
REMARKS,
1839, October 30,
90,601
66
November 27,
80,426
25
December 31,
78,815
85
•1810, January 29^ *
February 28,
98,532
37
156,869
78
March 31,
134,515
154,514;
93
April 29,
85
May 27,
159,532
66
June 30,
163,717
28
July 29,
158,673
93
August 26, ,
180,435
32
September 30,
157,330
96
October 28,
152,957
23
November 30,
1S8,407
57
December 30,
19 J,113
60
1S41, January 2^
190,215
60
February 24,
181,701
64
March 31,
166,576
38
April 28,
251,650
26
May 26,
273,338
50
June 30,
225,339
23
July 28,
211,428
48
Augist 31,
228,137
42
September 30, l
244,174
08
,
49
AMOUNT OF POST NOTES ON TIME DUE BY" THE BANK
OP TENNESSEE, AT NASHVILLE.
DATE.
1839, October 30,
November 27,,
December 31,
1840, January 29.,
February 26,
March 31,.
April 29,
May 27,
June 30,
July 29$
August 26,
September 30,,
October 28,
November 30,
December 30,
1841, January 27,.
February 24,
March 31,
April 28,.
May 26,-
June 30,
July 28,
August 31,
September 30,
AMOUNT.
218,120
218,120
208,620
199,620
193,060
5,400s
5,400
3,200
3,200
1,500
1,500
1,500
1,500
1,500
1,500
1,500
1,500
1,500
1,500
1,500
1,500
. 1,500
1,500
81
81
81
81
65
00
00
00
00
00
00
00
00
00
00
00
00
00
00
00
00
00
00
REMARKS.
4SA-
so
AMOUNT DUE TO THE TREASURER OF TENNESSEE BY
THE BANK OP TENNESSEE, AT NASHVILLE.
DATE.
AMOUNT.
B.EMAKS.
1839, October 30^
November 27,
December 31,
1840, January 29,
February 2$,
March 31,
April 29,
May 27,
June 30,
July 29, .
"August 26,
September 30,
Qctober 28,
November 30,
December 30,
1841, January 27,
February 24,
March 31,
April 28,
May 26,
June 30,
July 28,
August 31,
September 30,
124,349
118,908
121,763
155,715
87,882
81,504
77,947
77,822
50,630
45,811
149,955
118,039
104,645
95,153
85,864
104,372
102,198
99,281
94,369
103,025
96,125
90,233
154,906
165.466
76
13
83
37
47
92
68
97
86
19
66
04
69
15
06
91
90
02
16
29
26
34
47
47
51
AMOUNT DUE TO STATE OF TENNESSEE, BY THE BANK
OF TENNESSEE, AT NASHVILLE.
date.
amountt
remarks.
1839, October 30,
43 -©0
November 27,
43 00 •
December 31,
43 00
1840, January 29,
43 00
February 26,
43 00
March 31,
43 00
April 29,
43 00
' May 27,
43 00
52
Amount due superintendent of public instruct-
tion by the bank of tennessee, at nashville,
DATE..
AMOUNT.
REMARKS.
1839;
October 30,
3,050
00
November 27',
5,517
46
December 31,,
6,202
98
1810,
January 29,
February 26,
6,202
96
'
March 31j.
297
91
April 29,
2,691
81
May 27,
2,994
34
Jane 30,\
> 3,494
56
July 29, .
84
75
August 20;
1,276
16
September 30;,
4,398
08
October 28,
5,545
19
November 30,
9,796'
10,449
88
December 30,
88
1841,
January 27,
3,275
32
February 24;,
4,794
44
March 31,.
7*917
31
April 28,
8,862
61
May 26;
9,828
61
June 30,.
11,635
94
July 28;
3,113
00
August 31',
September 30;
1,262
47
7,446
89
53
AMOUNT OF SINKING OR CONTINGENT FUND AT THE
.BANK OF TENNESSEE, AT NASHVILLE.
date.
1839,
1840,
October 30,
November 27,
December 31,
January-20,
.February 26,
March 31,,
April 29.,
May 27,
June SO,
July 29,
-August 26,
September 30,
October 28,
November .30,
(December iSQ,
1844, January 27,
.February 24,
March 31,,
April 28,
May 26,
June 30,
July 28,
August 31,
September 30,
amount.
remarks.
132,285
132,285
132,285
132,285
'132.285
132,385
132,828
132,779
152,820
152,847
152,677
153,811
153,838
154,633
154^633
154,733
155,049
155,573
155,942
156,022
171,006
174,701
174,501
175,266
34
34
34
34
34
51
36
i68
20
24
12
v07
53
26
<03
SO
12
.'84
14
70
59
-53
86
43
54
amount of discounts receieved, exchange, in.
.terest and damage account, at the bank of
tennessee, at nashville.
Discounts
Exchange
Interest
Damages
received.
account.
account.
received.
1839, October 30,
November 27,
December 31,
1840, January 29,
February 26,
March 31,
April 29,
May 27,
June 30,
July 29,
August 26, ^
September 30,"
October 28,
November 30,
December 30,
1841, January 27,
February 24,
March 31, '
April 28,
May 26,
June 30,
July 28,
August 31,
September 30,
13,714 80
15,422 47
17,747 II
22,256 43
27,274 61
31,848 17
34,814 17
37,486 67
40,905 50
5,001 56.
9,931 10
14,874 56
17,833 32
21,457 64
24,206 64
27,872 38
32,118 18
37,775 54
40,977 15
45,102 47
49,060 87
4,408 60
10,720 31
15,345 91
25,497 74
27,153 91
28,672 09
29,886 95
33,421 39
37,039 95
36,610 65
47,540 43
53,488 27
24,838 84
11,101 22
12,877 72
13.685 96
15,809 44
20,221 61
21,267 28
23,960 70
24,605 38
25,770 84
23,224 26
25,739 59
3,287 69
7,447 41
14,444 76
2,874 04
2,907 71
2,934 13
9,274 53
22,695 62
22,906 18
26,562 81
26,705 04
26,879 02
4,614 56
4,830 27
5,826 56
8,143 15
8,427 85
8,623 87
22,735 29
22,935 99
23,178 08
26,465 37
26,839' 38
32,382 12
1,976 28
3,170 29
3,346 67
55
AMOUNT OF PROFIT AND LOSS ACCOUNT AT THE BANK
OF TENNESSEE, AT NASHVILLE.
DATE.
AMOUNT.
REMARKS.
1839, October 30,
November 27,
December 31,
1840, January 29,
February 26,
March 31,
April 29,
May 27,
June 30,
July 29,
August 26,
September 30,
October 28,
November 30,
December 30J,
1841) January 27
February 24',.
March 31,
April 28, ,
May 26,
June 30,
July 28,
August 31,
September 30,,
, 11,349
11,319
11,319
49,952
55,143
55,153
55,143
55,143
' 55,143
200,755
82,755
82,755
82,755
82,755
82,755
136,053
145,847
145,847
145,847
138,919
138,919
282,579
174,406
174,406;
70
76
76
51
01
01
01
01
01
78
78
78
78
78
78
14
14
14
14
14
14
57
75
75
56
'AMOUNT OFlINTERNAL IMPROVEMENT DIVIDEND RE-
CEIVED AT THE BANK OF TENNESSEE, AT NASHVILLE.
'DATE.
AMOUNT.
REMARKS.
<1840, October $8,
.'November 30,
^December 3Q,
.1841, January 27,
February 24,
*March 31,
.April 28,
May 26,
June 30,
July 28,
'August 31,
September 30, <'
720 00
720 00
720 00
1,620 00 -
1,620 00
1,620 00
1,620 00
1,620 00
1,620 00
1,620 00
1,620 00
1,620 00
Received from • the
Nashville and Char-
lotte Turnpike Com-
pany.
57
amount of suspense account on state bonds, at
the bank of tennessee, at nashhille.
date.
am ount.
remarks.
1841, September 30,
8,375 00
53
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111 -s£St£*
CONMlTON
OP THE
BRANCHES OF THE BANK OF TENNESSEE,
FROM OCTOBER, 1839, TO SEPTEMBER, 1841.
ti&Me exhibiting the state of the H3xcm.dk >of (She HS&tib i<
\(f Temesm c&
SEH35E.
Discounted
Notes.
IDttnwtfb
lEUUsu
IResil lEstate.
(Qctober ,31,
November 'SO
December ;3l.
January 31,
February 29,
March 31,
April 30,
May 31,
June 30,
July 31,
August 31,
September SO,
October 31,
"November 30,
September .31,
January 31,
February 27,
Mar.e'h .31,
April .30.,
M;ay 31,
June ;S0.,
August. 31,
September 30,
197,975
200,540
199,287
194,525
185,741
192,307.
199,139
•232,433
273,497
277,2.60
289,793
291,556
282.774
270,364
259,363
245,197
232,811
249,325
263,899
203,984
261-,' 999
267,791
260,880
274,380
.00
:50
00
00
.00
0©
20
.74
38'
.38
m
39
75
"00
00
CO
00
16
16
16
16
.5©
06 ,-467 :92
■06,4:67 192
00,467 m
06,4(67 m
57/996 -40
on,"7&1 (00
,49,754 (GO
.49*454 (00
23/055 :37
23/055 67
23/055 :37
17,538 (66
H'3702 66
3 3,702 (66
ua,702 m
13702 <66
42,702 m
18/G6B (66
24/662 (60
24/912 160
24/9B2 (00
24,055 i00
■M&fc ®6
(66
m
i
jjP<ogjersv%Uei>((tl'the<en}l< ofleadhmtQtitk^frQm the jirst day of .October} 1832,
'Interest
Account.
Suspense
Account.
;Susrp«na?$
IRdht.
•Protest
Account.
Expense
Account.
£61 18
♦665 (7 8
*
799 86
-1,468 26
,573 83 ,
,571 89
,537 ;57
1982 71 -
198,1' 47 '
(£37 9,4
$09 41 '
(97 53 '
;91.57 '
:396 81 !
389 &$ [
# *
395.53 1
n76 -8:1 I
347 Hi I
20,550 11 |
15^65.8 (6! ;
.4,8:15 115 !
i
E
1 '655 00
17,625 00
3,450 00 .
:.3^50 (00 '
j
!
|
mo (oo
-400 m
, 400 (001
400(001
1,400 (00 ]
4,451 00 j
:i;77ii 00!
'9,6.76 00 i
12,4117 (SO1
2Q,'1(96 00 |
> 19,-794 00
49,394 00 j
20*602 00 i
$2(640 ;m |
21,867, 27 ■
54,867 ;27
:2§$58 57
;28,9"34 .27
52 50
02 50
52 50 *
147 50 '
147 50
147 50
,107 00
?66 00
(66 QO !
-66 00
66 00
66 00 ■
'66 00
66 00
(66 00
, 66 00
,66 00
(66 00 ,
66 00
177 63
(326 44
.376 44
562,92
664 17
2,012 36'
51 31
671 74
681 93
819 18
1,062 €0
172 70
• 341 78
504 86
747 02
906 10
160 48
331 38
410 11
Jt table exhibiting'the state of the BrantH» eejj tHer Batik: cff Tennessee^ ai
Discounted'
1 Dbmesdc:
State
' Suspended.
DATE,
Notes.
t Billk.
f
Bonds*
1 Debt.
1839,
October 31,,
178,640!
49
1.27; nm
70
j
18,246'
November 27,
163,08#
13
135^559!
70
! :
: 17,440
68%
December 31,
150,146
88
84
I44;0:i6,
70
l!3,87.8
6$
1,810,
January 29,
163,743
190,090
105; 095;
20;
i
13,376*
6fe
February 26,
17
9244411!
54
\
13:37.0
68)
M arch 31,.,
202,065
96
' 734509')
86
i
13;37.6'
63)
April 29,'
232,574
4'0'
48,44'#
47, 124J-
85
1
30,693
Hi
May 27,
272,579
16
03
i
27,026.
lli
June 30,"
28L525
12
45{7J)4-I
09
i
\
27,026
Hi
July 29,
.305,728
28
4Q;687
71
i r,ooo
'34,119
IB
August 26-,
September 30,
287,066^
99
. 63,336)
99
1 1,000
| J.ooo
43,832'
262,274
59
98
-42,013'
W
October 28,
233,294'
66
138;407)
59
1 1,001
40;263;
is;
November 30,
215,060
59
i.60'959^
89
j 3:',0G0
40,283.
December 30,
194,769
40
1.H7,$-35;
26
1 1,080
40,414
£0)
1841,
January 27,
183,207
2*2
l87;2&77
51.
I,GOO
39;593;
§e>
"February* 24,
180,T"20'
78
I64,965>
26
J- l',C0C
-37,138'
67
March" 3lr
166,712
47
129:,7.94
47
] i;,ooo
45,895
75)
April 28,-
201,749'
80
107,717
59
p 1,000
57,17.0.
67?
May 26,-
273,094'
20
:'66>,91I8"
24;
j 1.000
43;754
83)
Jlme 30,
•305,292
53
1 54t>0M
27
1 1,0OC
'40|809:
<9$
July 28,
312,668*
91
, 67,64&
It05;575")
jh50J45$
27
! 1,000
5^901'
m
August 31'i
279,552:
57
27
1 1,000
| n,oor
53)648:
411
September 30,.
250,028
¥
27
<50^261
j 9
the
29
29
17
30
10
10
07
68
56
48
37
30
58
28
27
22
60
60
60
60
60
60
60
end of each tiionth, from the first day of October, 1839.
Interest^
Account.
Exchange
Account.
Protest
Account.
Expense
Account.
S86
84
30
1,397
46
339
51
86
1,428
96
138
84
63
1,861
68
59
61
97
328
91
36
173
32
323
27
142
956
56
153
85
231
1,446
05
47
17
220
50
1,687
94
253
262
370
79
206
50
595
75
181
66
1,070
26
1,466
55
279
1,415
04
326
50
482
73
340
188
16
391
94
413
274
10
176
17
564
50
608
42
840
93
562
50
820
08
342
10
628 52
520
1,114
92
446
63
33
384
489
01
446
51
307
959
42
i
74
A TABLE
^ _ | Other Bank '
Due from Noteg & Check>s
Banks.
on hand.
Specie.
1839, October 31, 37,097
November 30, 30,4S9
December 31, 36,814
1840, January 31, 72,110
February 29, 156,497
March 26, 154,317
April 30, 127,046
May 30, 101,388
June 30, 59,747
July 31, ' 75,688
August 31, 59,363
September 30, 88,562
October 31, 83,584
November 30, 76,185
December 31, 76,186
1841, January 31, 75,508
February 27, 90,529
March 31, 131,473
April 30, 143,452
May 31, 100,683
June 30, . 108,495
Juiy 31, 114,369
August 31, 112,786
'September 30, 126,642
61'
66
36
06
501
84
32
09
03
56
12
52
10
61
69
11
88!
49
53
32
57
33
91
15
•6,803
4,348
4,076
4,944
9,033
6,522
10,600
36,030
14,833
1,193
8,993
1,193
1,193
33,068
2,768
33,136
25,626
.25,239
23,633
48,163
15,'633
13,559
4*877
9,197
33
45,219
44,676
43,364
42,443
42,331
41,403
42,232
42,448
42,319
42,158
41,924
41,742
43,219
32,024
41,884
42,015
41,945
41,882
41,691
40,236
40,093
39,647
39,391
39,187
16
66
87
97
15
50
25
24
31
08
05
14
25
64
69
73
77
20
37
57
79
64
62
41
ti.
91,
91
91
91
91
91
91
91
91
91
91
91
91
91
91
91
91
91
nks.
59
42
5G
35
17
4S
80
63
18
10
04
81
67
49
41
06
16
74
91
8S
07
88
11
40
ch.
75
Circulation.
Individual
Deposites.
Discounts re-
ceived, Int'st
Exchange &c
Profit &. Loss
151,971
157,289
153,942
160,825
.173,047
175,597
196,446
206,831
160,547
182,984
188,376
209,024
201,571
20g-,6l8
209,772
230,956
216,949
225,472
248,768
236,529
246,80
269,268
272,280
287,726
7o,252
40,304
45,676-.
52,008
69,56a
48,252
38,06-9
51,864
41,874
56,709
39,500
59,142
42,339
45,617,
40,288-
49,911
48,115.
50,540
70,429
54,7^5<
47,623'
64,383
53,944
67,176
80
43
10
43
55
00
12
95
34
71
22
51
30
41
18
96
82
83
7.3
29
15
59
16
99
12,388 56
13,418 74j
14,405 52
8,646 24
11,286 68
12,409 29
14,980 13
18,385 40
18,208 79
12.631 90
15,654 60
18,763 38
20,347 96
22,532 90
22,052 84
13,092 62
15,064 41
15,474 51
16.632 04]
20,857 70
24,928 05
18,193 12
22,977 71
27,432 72
Statements furnished by the Cashier of
JOS. W. HQRTO*
76
table exhibiting the state of the Branch of the Bank of Tenwessce, at
Discounted
Notesv
1839, October 31,
November 30,
December 31,
1840, January 31,
February 29,
^Vlarch 31,
April 30,
May 31,
June 30,
July 31,
August 31,
September 30,
October 31,
November 30,
December 31,
1841, January 30,
February 27,
March 31,
April 30,
May 31,
June 30,
July 31,
August 31,
September 30,
144,966
127,917
133,042
139,715
159,907
171,447
176,757
178,180
187,314
168,531
200,546
191,509
185,081
176,468
147,187
138,133
130,169
122,932
111,226
128,689
148,205
161,456
166^680
167,557
State Bonds,
09
50
91
35
54
27
53
80
87
56
43
39
72
10
89
31
18
45
86
95
30
95
35
48
Domestic
Bills.
83,496
89,721
100,271
120,812
94.536
85^576
78,777
72,956
52,941
2,500
34,056
36,336
46,943
46,943
48,724
48,724
51,284
49,205
37,457
29,833
27,603
36,308
49,729
46,137
1,500
64
64
64
20
25
04
38
06
67
00
30
99
49
49
93
93
43
30
80
55
55
15
90
10
no
Zj (Z
led
68
80
60
81
20
49
09
73
03
54
08
47
67
91
91
28
56
67
94
44
19
77
end of each month, from the first day of October, 1839,
Expense
Account.
42
1,128
22
42
1,185
1,454
35
42
10
42
S&3
07
42
1,156
83
42
1,855
43
42
2,265
23
42
2,267
98
42
3,576
62
10
00
755
18
07
4,572
44
17
4,848
05
17
5,014
03
17
5,331
05
17
197
00
17
830
67
17
1,252
17
17
1,810
30
17
1,994
71
17
2,253
75
17
166
02
17
527
20
17
816
95
Interest
Account.
594 89
437 62
415 64
967 55.
962 28
855 67
SOS 45
320 10
201 12
104 Oft
70 59
4,575
2,352
1,905
2,554
7,500
14,003
21,852
30,237
33,766
24,587
25,496
28,378
27.899
27.881
28,323
33,095
41,357
47,798
49,236
21,724
23,543
30,662
23,621
31,369
78
A TABLE
DATE*
Other Bank
Notes and
Checks on
hand.
Specie.
1839,*. October 31,
Novertiber 30,-
^December 31,
1840^. January 31,
February 29,
March 31,
April 30,
May 31,
June 30,.
July 31,.
August 31',
September 30,.,
October 31,
November. 30,
December 31,
1841,, January 30,
February 27,
March 31,
April 30,
May 31,
June 30,
July 31,
August 31,
September 30,
5,165* 00
2,800 00
1,460- 00
♦ 5,521 83
l0,394 50
9,575 00
3,635 00
: 2,975 00
5,885 00
144,771 69
6,061 95
5,421 00
1,770 00
4,944 00
6,017 00
8,238 00
7,605 00
6.841 00
5,608 00
2,668 00
1,185 00
4,817 00
2,003 00
1,840 00
20,322 19
20,66-4 88
22,325 16
25,132 64
26,720 73
30,562 21
32,509 34
33,884 33
33,951 47
33,815 81
31,350 80
31,820 42
31,920 66
31,790 25
31,195 16
31,055 36
30,700 68
30,600 97
30,020 57
28,839 27
28,518 75
28,374 02
28,206 00
—Continued.
79
Individual
Deposites.
Due to Banks.
Discounts, Bx-
change, Int. &c.
Profit & loss act,
Post Notes and
Checks on time.
8,831 52
6,965 91
7,0.86 92
11,153 47
20,994 74
17,936 10
21,059 52
30,384 52
26,708 54
29,111 01
35,408 93
35,025 29
32,252 92
26,151 81
31,941 35
29,245 60
27,386 63
26,634 86
20,643 00
24,916 96
26,670 83
29,383 62
31,846 00
24,972 23
34,823 75
30,966 41
37,822 82
45,952 07
26,037 09
19,917 35
14,885 19
14,768 46
13,231 10
23,624 57
24,173 82
9,297 58
4,888 69
5,421 35
6 00
129 58
13,837
14,065
16,781
10,914
12,547
27.498
16,261
17,131
17,975
622
5,501
24.499
26,669
27,165
27,893
23,005
24750
25,239
56,202
27,888
30,441
30,573
32,443
33,490
04
17
57
86
18
07
56
65
80
50
73
80
49
98
30
23
43
19
16
82
32
53
34
20
Taken from the Statements furnished by the Cashier of this Branch,
JOS. w. HORTQN, Cashier.
80
A table exhibiting the state of the Branch of the Bank of Tennessee, at
Discounted
Notes.
Domestic
Bills.
Real
Estate.
1839,
1840,
1841,
October 31,
November 30,
December 31,
January 31,
February 29,
March 31,
April 30,
May 30,
June 30,
July 31,
August 31,
September 30,
October 31,
November 30,
December 31,
January 31,
February 27,
March 31,
April 30,
May 31,
June 30,
July 31,
August 31,
September 30,
174,980 26
169,258 57
154,300 09
148,536 81
156,294 89
183,384 55
197,002 35
206,551 66
216,895 57
216,298 33
232,042 78
230,779 98
237,599 33
225,391 93
225,123 40
229,716 06
218,547 61
r 237,213 07
228,707 20
223,252 82
240,735 68
237,498 47
24§,044 65
2 40,093 91
57,202 60
52,652 15
64,382 79
76,450 64
82,640 64
80,590 64
69,257 75
47,532 75
28,021 18
19,840 23
21,700 90
30,740 90
41,256 71
58,819 91
69,971 74
86.821 74
83,259 43
81,498 15
74,360'73
64,910 73
69,064 53
58,364 53
75,161 40
101,439 85
2, 00
2, 00
2, 00
2,500 I
2,500
8
ClaricsvuLC, at the end of each month, from the firs,L day oj Oct., 1830*
Interest
Expense
Due from
Other Dank
A "i M it,
Account.
Dunks.
JNote&iiC. CL'ks.
(Hi hum!,
1,106
91
8,370
68
11,457
1,512
27
1,358
13
12,255
1, 94
85
8,737
91
39,203
254
56
5,535
88
27,103
531
22
5,788
01
9,430
357
83
8 ii3
84
4,877
63
15,695
till
23'
1,118
55
25,403
70
10,27 4
573
90
1,350
38
39,275
07
16,571
*83
57
1,614
21
48,440
79
3,435
25 1
57
54,306
72
6,930
430
90
23,797
45
30,215
»
638
85
40,651
74
7,333 29
857
43
25,019
90
305
1,028
51
15,753
18,635
23
2,224
1^291
97
21
15,368
83
88
201
64
12,552
8,433
72
21,315
6
63
209
59
88
8,798
597
92
17,227
03
2,396 71
873
21
40,727
06
3,370
1,031
54
59,471
26
5,660
1,250
87
, 58,045
88
5,243
j245
83
70,749
99
8,705
, 243
S3
50,236
00
20,014
765
OJ
' 595
12
23,475
63
6,149 '
7SA
98
A TABLE
1839, October 31,
November 30,
December 31,
1840, January 31,
February 29,
March 31,
April 30,
Mry 3J,
June 30,
July 31,
Augmt 31,
Sep!Liuber 30,
October 31,
November 30,
December 31,
1841, January 31,
February 27,
March 31,
April 30,
May 31,
June 30,
July 31,
August 31,
September 30,
31,232 14
31,513 27
30,854 22
30,349 12
30,314 93
28,516 SO
28,354 51
28,191 74
29,227 87
29,059 71
29,959 07
39,842 32
28,506 11
28,531 38
28,448 83
28,457 18
27,684 04
28,246 87
28,116 12
28,033 78
28,727 52
28,057 68
28,140 15
28,107 58
50
172,305
183,655
183,655
155,037
509,777
214,769
214AC9 CO
214,709 50
215>,554 50
215,933 59
215,933 5°
215,933 50
215,933 50
215,933 50
215,933 50
216,009 93
210,069 93
216,GOO 93
210,009 93
216,609 93
310,669 93
219,786 93
219,786 93
219)780 93
— Continued,
83
Individual
Discounts,
In-
Deposites.
terest, Ex-
Due to Baahs.
♦
change, kc.
3,473
53
41,083
62
22,087 47
3,256
49
11,619
33
21,898 97
25,860
93
13,160
63
20,821 25
15,185
61
5,517
07
37,253 74
16,958
18
6,817
92
15,201
01
3,5 i4
49
584 80
18,392
85
9,806
07
33,639
85
11,137
98
18,388
00 •
12,903
18
2 0 !
15,733
97
4,797
40
9,327 1
13,039 11
10,^89
33
7,780
70
16,801
59
10,693
43
320 09
13,437
S3
12,184
48
12,345 18
7,035
88
14,427
13
19,881 9)
12,395
53
16,833
02
21,705 5"
24,240
39
8,590
25
18,444 14
8,482 97
13,6-35
37
9,635
90
23,153
OS
11,769
73
22,037
54
12,916
84
. 19,272
43
14,040
76
43,247
25
15,060
29
lOO
35,853
53
8,852.
75
33,051
42
1 12,404
42
8,040 59
8,316
31
15,915
40
22,436 83
Taken from the Statements furnished by the Cashier of this Branch*
JDS. W. IlDRTON;, Cashiir,,
A
84
table exhibiting the state of the Branch of the Bank of Tennessee, at
Discounted
Domestic
State
Bills & Notes
DATJE. '
Notes.
Bills.
Bonds.
in suit.
1839, October 31, 111,938 32
November 30,111,237' 12
December 31, 115,145 56
1840, January 31, 117,806 48
February 29, 139,837 00
March 31, ' 162,186 08
April 30, 187,180 79
May 30, 209,130 77
June 30, 231,517 38
July 31, 223,257 41
August 31, 224,277 93
September 30 216,203 12
October 31, 209,596 47
November 30, 201,780 52
December 31, 159,617 48
1841, January SO, 183,50S 87
February 27, 1GS,324 33
March 51, 207,116 44
April 30, 215,100 94
May 31, 212,412 4/
June 30, 215,144 28
July 31, 212,081 67
August 31, 1198,640 26
September 30,193,034 50
106,280
107,484
102,234
113,027
102,4*48
87,793
78,463
68,893
59,119
60,249
80,329
104,771
143,035
149,939
154,799
15.0,337
157,347
140,897
7,401
108,218
77,129
82,559
402,193
114,146
00
86
86
70
42
31
73
73
55
55
08
08
71
71
71
81
41
69
45
34
7,0C0
1,000
22.000
22AQ0
22,000
22,000
76 22,OCO
01 22,000
73 22.000
78 22,000
18,069
19,069
23,233
23,233
25,601
25,499
26,065
24,729
29,558
33,093
28.975
31,376
25,078
23,963
23,968
23,968
23,968
24.976
24,976
28,682
35,549
34,125
46,004
48,805
25
25
25
23
25
25
75
41
58
03
08
53
91
91
91
01
91
91
91
73
03
53
68
V
85
Trenton, at the end of each month, from the first day of October, 1839.
Real Estate.
500
500
500
500
500
500
500
2,075
2,075
2,075
2,075
2,075
2,575
2,075
3,330
3,050
3,050
3,050
3,050
3,650
3,650
7,500
7,500
7,522
Interest
Account.
31
300 24
141 25
425 86
Protest
Account.
Expense
Account.
HI so
153 50
182 00
227 50
252 00
318 00
312 00
201 00
252 50
286 50
320 50
340 00
326 00
328 50
306 50
460 50
4/0 50
576 00
576 00
607 54
614 54
559 54
352 90
330, 40
935
17
1,32
14
25
78
276
547 94
749 55
1,079 93
1,317 71
1,529 67
2^5 29
425 47
1,311 2^
1,563 29
1,733 76
1,917 01
278 00
1,000 73
1,581 53
1,799 10
2,114 43
2,372 36
227 43
390 75
729 44
Due from
Banks.
20,123
17,391
10,952
13,553
72,915
82,045
81,234
85,178
59,861
55,3(j0 '
36.610
40jl71
37,322
29,617
28,570
22,405
5,964
16,512
27,834
45.0S0 81
68,890 71
50,664 08
45,633 07
53,375 24
07
15
81
74
94
36
53
48
77
19
28
74
01
60
30
12
05
65
44
86"
A TABLE
(Jtluer Bank
Notes and
Checks on
hand.
Specie.
Capital Stock.
1839,
1340,
1341,
October 81,
November 30,
December 31,
January 31,
February ^9,
J]atcit 31,
April 30,
May 31,
June 30,
July 31,
August 31,
September 30,
Oo obrr 31,
Not ember 30,
December 31,
January 30,
February 27,
March 31,
Apt il 30,
May 31,
June 30,
July 31,
August 31,
September 30,
4,233
5,003
3,026
4,321
7,849
4,603
7,893
3,637
5,111
9;802
2,470
5,173
5,561
3,214
7,719
11,077
10,451
14,5^0
3,lS9
6,944
5,660
1,535
4,005
3,457
23,374 52
23,513 00
23,602 87
24,294 10
24,882 62
24,172 33
24,389 27
24,285 86
24,316 03
24,982 20
24,837 '20
23,829 ,91
23,882 59
25,300 33
25,285 29
25,462 52
20,002 28
25,685 44
25,756 49
26,330 76
26,291 46
26,500 62
26,451 09
26,000 35
172,305
183,655
183,655
185,037"
238,138
238,133
243,5(5 91
213,805 91
244,097 91
245,127 91
245,127 91
245,127 91
245,127 91
245,127 91
245,127 91
245,5 G3 91
245,963 91
245,963 91
245,903 91
245,963 91
245,963 91
249,508 91
249,508 91
249,508 91
lire ul
91,
78.
75.
93,
U3,
126,
141.
119.
134,
133,
122,
140.
I4fi.
150
12 2.
114.
103,
ISO.
149.
151
155,
155!
152.
165.
8.7
Individual
Deposites.
Lhscoun is, t£x-
change, Interest,
Stq.
Due to Bank:
46
29
27
81
29
45
62
SO
25
88
19
23
17
71
66
82
09
20
41
84
00
42
40
43
7,647
8,315
8,897
5,647
8,964
11,308
12,537
14,208
16.276
7,395
11,536
14,558
17,402
18,833
22,016
11,404
16,117
19,437
21,073
22,658
23,967
15,547
19,101
22.277
71
21
86
24
88
43
53
29
94
53
78
91
96
98
65
01
53
78
77
56
67
07
12
81
280 63
274 63
200 00
69
69
155
3,815
853
16,629
5,488
38,222
49,170
31,455
16,713
5,670
5,588
73S
359
2,301
Statements furnished by the Cashier of this Branch.
JOS. W. H OR TON, Cashier.
88
Jl table exhibiting the state of the Branch of the Bank of Tennessee, at
Discounted
Domestic
IHTE
iMuleS.
Dills,
t?u.>]ieiJ Jed Debt.
1839, Oebber 81,
185,243 54
69,121 30
5, J / 8 08
Novuulu r 80,
148,050 03
7<J,(I2O 31
6,i 70 68
33 'c^t .ben1 M,
172,021 00
78,023 31
9,5 L 2 08
1840, 8 miMi y _> 1,
131,741 J3
i I 4 O «Jo
15,. 24 80
F J- a/ 59,
101,054 24
82,457 51
18jl.^4 OO
j. .111 i 04,
1. 0,822 41
88,645 57
13.5 ci 0 36
Apt A
223,139 38
7 8,4L 2 57
11,105 cG
, ay ;o,
2^0,114 05
67,637 07
D,G51 80
J ieOH,
228,088 50
75,158 57
19,180 54
July 81,
250,503 53
76,450 05
1^,6^0 54
Aigi.'tSl,
22 b,435 28
86,212 19
23,v70 37
{September 00,
2J1;150 70
91,107 91
22,-39 55
October
221,120 76
90,810 05
19,230 05
November 00,
211,073 53
97,502 91
25,223 29
December 31,
210,125 73
100,007 52
25,071 94
1841, January 30,
220,781 68
101,369 56
23,307 CO
February 27,
222,125 46
92,783 30
20,693 23
March 31,
227,289 86
77,211 76
21.153 2g
April 30,
243,614 82
63,816 02
26,005 23
May 31,
239,380 28
58,914 02
30,988 90
June 30,
243.703 5S
59,291 44
27,716 58
July 31,
260,244 46
254,762 24
55,640 26
27,633 58
August 31,
64,597 17
29,500 20
27,935 50
September 30,
235,345 94
76,128 60
89
Shelbyvllle, at the end of each month, from the first day oj Oct., 1839.
Expense
Protest
Due from
Real Estate.
Account.
Account.
Banks.
200
598 73
11,754 91
2Q0
803 35
10,129 79
200
„ 1,837 68
8,600
351 95
1 472 81
8,640
553 82
I 9,403 49
8,SOS
816 05
25,953 18
8,997
1,017 16
27,897 53
8,997
1,243 73
25,636 09
8,997
25,430 23
9,001 50
154 45
23,910 78
9,002 25
306 95
30,391 07
9,002 25
435 40
24,907 38
9,002 25
593 70
32,349 79
9,002 25
768 58
5,648 95
9,029 75
27,487 39
9,034
. 234 40 ■
24,492 49
9,174 25
383 40
20,722 56
9,174 25
607 71
431 75
33,117 92
9,176
798 37
427 25
34,454 65
9,177 75
927 87
421 75
34,081 97
9,1 S3 25
396 25
29,323 44
9,183 25
607 87
359 75
16,570 23
9,183 25
765 37
354 75
14,022 43
9,183 25
890 37
358 25
12,517 47
8SA
90
A TABLE
Capital Stock.
October 31,
4,165
November 30,
1,275
December 31,
250
January 31,
475
February 29,
235
March 31,
April 30,
May 30,
June 30,
July 31,
August 31,
September 30,
October 31,
November 30,
22,152 05
December 31,
January 30,
February 27,
March 31,
April 30,
May 31,
June 30,
July 31,
August 31,
September 30, .
71,021 59
SO,141 48
86,101 67
86,502 57
83,897
90,377
92,417
92,255
• 92,599
93,432 83
93,070 95
92,720 25
93,688 IS
93,761 73
96,355 35
97,785 40
97,776 09
98,829 33
99,476 01
100,132 23
100,114 53
100,150 81
101,207 43
101,52 2 3
172,305
183,655
183.655
185,037
'209,777
214,769 50
214,769 50
214,769 50
215,554 50
215,933 50
215,933 50
215,933 50
215,933 50
215,933 50
215,933 50
216,669 93
216,669 93
216,669 93
216,669 93
216,669 93
216,669 93
219,786 93
219,786 93
219,786 93
91
-■Continued.
Individual
Deposites.
Discounts, Ex-
change, Interest,
&c.
4,683 60
9,924 94
6,316 33
11,245 20
11,013 58
6,447 76
11,582 73
22,212 2S
6,129 08
15,249 14
7,335 01
7,689 26
8,198 42
6,478 78
10.631 43
12,557 82
9,896 02
22,533 60
17,372 52
8,282 24
4,744 64
5,502 23
3,067 09
7,301 71
12,088
12,266 61
5.721 46
6,348 16
4.722 78
11,205 33
12,850 00
15,300 55
7,184 43
9,039 90
13,179 14
15,325 21
16,757 09
18,621 64
12,743 46
14,344 71
16,800 59
17,913 35
19,352 67
21,227 60
16,697 91
20,590 25
22,456 56
23,995 56
Taken from the Statements furnished by the Oashier of this Branch.
JOS. W. HORTON, Cashier>
92
A table exhibiting the state of the Branch oj the Bank oj Tennessee, at
Discounted
Domestic
Bills &. Notes!
ReaL
DATE.
Notes.
Bills.
in suit. 1
Estate
1840, March 25,
48,335
April 22,
90,832
19
May 31,
131,168
96
June 30,
150,633
96
July 31,
183.539
91
•
August 31,
197,532
37
1,200
00
September 30,
196,949
60
1,200
00
October 31,
206,359
60
1,200
00
1,480
November 30,
212,501
83
2,700
00
3,855
December 31,
228,510
87
2,700
00
2,855
1-841, January 31,
221,110
92
3,700
00
7,690
February 27,
235,503
87
6,050
00
8,940
March 31,
240,683
27
5,350
00
9,470
April 30,
240,240
27
3,850
00
11,675
May 31,
239,980
96
3,850
00
14,725
June 30,
236,983
11
3,850
00
20,020
July 31,
248,780
52
3,500
00
21,084 97
August 31,
237,490
52
3,500
00
30,133 97
1,500
September 30,
246,166
27
3,100
00
30,418 97
1,500
93
Sparta, at the end of each month, from the frst day of October, 1839.
Expense
Due from
Other Bank Notes
Account.
Banks.
and Ch'ks on hand.
551'
50
155,989
03
19,275
1,402
38
128,066
41
26,020
2,397
93
126,941
52
2,939
2,585
20
94,674
73
12,530
210
82
70,742
58
7,402
385
14
23,121
17
30,886
385
14
24,351
28
26,541
697
64
22,535
19
11,951
7,853
93
875
44
14,973
19
06
1,039
16
12,535
71
7,005
67
168
84
12,213
29
2,255
90
594
16
3,920
98
767
48
2,145
24
3,423
86
967
29
2,863
47
4,095
76
1,128
61
6,544
46
1,288
93
10,090
59
173
84
3,496
54
411
354
41
6,148
577
83
3,283
77
3,444
94
A TABLE
DATE.
Specie.
Capital Stock.
Circulation.
1840, March 25,
6,217
25
209,777
18,790
April 22,
8,812
19
214,769
50
36,305
May 31,
'9,900
10,515
06
214,769
50
50,850
June 30,
29
215,554
50
48,125
July 31,
13,704
21
215,933
50
56,050 •
t * August 31,
13,994
35
215,933
50
42,965
September 30,
14,521
08
215,933
50
37,915
October 31,
16,102
17
215,933
50
33,665
November 30,
15,943
51
215,933
50
31,035
December 31,
16,729
77
215,933
50
42 900
1341, January 31,
19,380
71
216,669
93
46,360
February 27,
22,233
07
216,669
93
50,925
March 31,
23,954
83
216,669
93
61,340
April 30,
26,885
12
216,669
93
65 930
May 31^
28,546
80
216,669
93
62,580
June 30,
30,446
10
216,669
93
69,880
July 31,
31,393
64
219,781
93
84,166
August 31,
31,717
2*
219,781
93
75,660
September 30,
32,162
52
219,781
93
88,685
— Continued.
95
Individual
Discounts, In-
Deposites.
terest, Ex-
change, &c.
' v*
406
84S
963
2,941
1,758
2,357
3,402
2,535
2,311
1,887
869
5,035
3,166
1J951
1,678
1,109
2,958
5,232
6,525
31
6.2
45
61
93
45
70
55
44
04
30
83
82
52
35
99
53
55
31
1,400
3,570
3,764
4,274
1,424
3,861
5,..44
6,994
8,133
9,143
1,200
2,310
4,210
5,603
6,718
7,564
1,558
2,501
4,642
47
10
52,
13
09
75
90
53
11
64
09
01
64
67
40
99
20
57
13
Taken from the Statements furnished by the Cashier of this Branch
JOS. W. HORTON, Cashier.
sa
jfa table exhibiting the state of the Branch of the Bank of Tennessee, at
Discounted
Notes.
Domestic
Bills.
Slate Bonds.
1839, October 31,
November 30,
December 30,
1840, January 31,
February 29,
March 31,
April 30,
May 30,
June 30,
July 31,
August 31,
September 30,
October 31,
November 30,
December 31,
1841, January 30,
February 27,
March 31,
April 30,
May 31,
June 30,
July 31,
September 30,
251,193 40
248,015 53
241,*62 53
238,233 13
265,696 13
303,950 31
302,240 63
304.923 63
3} 8,997 48
357,648 54
321,253 97
326,229 72
334,527 53
355,499 82
371,783 51
370.992 29
372,781 01
404.993 20
413,291 82
412,706 82
420.924 62
392,289 93
377,178 07
22,700 00
11,200 00
59,951 00
65,951 38
62,376 63
43,814 48
41,170 75
3S,605 75
38,010 44
36,411 19
29,707 69
29,709 44
29,709 44
29,809 44
36,211 19
35,832 07
35,832 07
27,832 07
23,509 94
18,911 69
22,911 69
21,309 94
21,309 94
i
cpende
Debt.
402
402
402
402
402
402
402
402
402
402
402
402
402
402
402
402
402
402
the end of each month, from the first day of October, 1839.
Real
Estate.
luterept
Account.
Expense
Account.
90
90
05
2,998 80
6,000
6,000
6,000
6,500
6,500
7,000
7,368
9,331
9,331
9,432
9,582 05
9,910 75
10,309 05
10,684 05
10,681 05
10,684 05
11,003 74
11.172 93
11,472 93
11,572 93
11,572 33
11,572 93
962 82
957 49
953 75
823 53
817 97
810 32
2.093 23
2,088 14
2,078 66
363 55
331 77
323 50
1,077 63
161 23
731 34
725 74
724 26
1,382 23
1,379 55
3,378 43
753 24
416 96
1,853 63
2,204 38
2,358 75
437 25
788 25
971 58
1.397 26
1,685 09
1,915 58
1,017 71
588 10
728 09
842 66
1,339 87
1,151 94
1 50
331 48
694 30
716 11
993 69
1,127 80
873 99
1,162 43
Due from
Banks.
92,490
61,586
13,346
5 926
6,893
2,174
954
3,434
3,434
3,434
3,434
55
24
92
92
22
21
89
•82
82
82
82
12,925 CO
50,518 94
37,971 17
33,403 45
27,633 43
20,980 01
491 15
242 90
222 18
222 18
216 18
A TABLE
DATE.
1839, Octet cr 31,
November CO,
December 30,
1840, January 31 r
February 29,
jVarth 31,
April CO,
2-wny 30,
June 30,
July 31,
August, 31',
,S rtr nberSO,
O' JicrSl,
November 30,
Tec ember 31,
1841, J muary 30,
I\biliary 27,
ILrAi 31,
April SO,
May 31,
J una CO,
July SI,
September 31.
8 018
CO,441
£2,416
17,4b 7
47,007
7,2i8
17/.0?
6,117
8,710
14,C1J
17,4"0
0,77 4
19,217
2,740
2,207
1,435
2,0 0
5,0 CO
"8,512
2 022
52N0
J 2,003
11,147
—
57,754 18
172,805
„ ',£59 03
173,3 5
89,732 . 'J
lb 0655
40 573 01
L ,5/ 57
4f 717 24
5 J ,7 j 45
£8 or 1
5 V C4 53
213,/ 5 91
57 141 08
21./' '5 91
U ,f [5 ..O
. 14,7 7 31
81
57,N7 51
£15,127 91
07
57/ r> 1 43
...15 127 91
t4
t ,■ i i°
£45 127 91
61/ 77 01
245 127 31
02 373 71
245.177 91
61/21 07
215,f27 01
40
rs i •) st
215 279 56
cr,,-:. 3 r,o
245,777 66
G8,o"7 15
215 073 60
73, "2 53
215/J73 GO
71, ICS 11
245 079 66
73,023 54
245 679 66
76,-' 14 73
245,679 00
78,231 69
£49.224 06
—Continued.
99
Circulation.
Individual
Depositors.
Discounts re-
ceived, Infst.
Exchange &c
Protit & Loss.
Public Officer*.
124,014 SO
12,837 39
23,465 09
35,489 61
5,914 58
29,341
30,251
15,237
10,930
21,161
13,4-48
9,0G8
Ol Olio
21^3
14,608
15,346
30,944
21,109
Id,298
83,082
48,483
14,228
i
9C
04
89
81
77
61
71
o;
56
89
6,628 34
8,345 55
11,913 72
2,776 93
4,383 11
8,613 91
10,901 84
11.933 33
14,061 55
2,831 06
14,581 29
18,359 91
19,759 13
12.934 47
16,465 90
6,260 70
7,858 90
11,869 11
15,736 42
16,969 57
18,744 28
25,480 89
27,869 7~
60
101,363 08
79,247 40
86,293 56
102,269 75
50,007 10
40,672 90
42,250 86
51,035 9c
65,437 96
50,981 39
4'J,919
73,203
50,764
57,086
70,323
67,423 05
67,716 03
62,8: 3
64,5, 8
05,412
102,756
101,682
Taken from the Statements furnished by the Cashier of this Branch.
JOS. W. HOKTON, Cashier.
REPORT
Of the Comptroller of the Treasury of Tennessee, to the twenty fourth
General Assembly of the State.
To the General Assembly of the State of Tennessee :
In conformity with the provisions of the 6th section of ktAn act te>
provide for the electing a Comptroller of the Treasury and to prescribe
his duties," I have the honor to state that within the two years from
the first Monday of October, 1839, to the first Monday of October,
1841, there has been paid into the Treasury five hundred and forty-
three thousand seven hundred and thirty-nine dollars and seventy^nine
cents, vi/,:
Ordinary Revenue:
By County Court Clerks, 90,982 63
Circuit " " 24,793 34
Chancery " u 2,772 95
Supreme u " 4,075 85
Sheriffs, 125,617 95 248 ?42 72
Miscellaneous or Extraordinary Receipts—viz :
Lagrange and Memphis Rail Road inter-
est refunded, 105
Life and Trust Co. bonus of 1839, 750
Yeatman, Woods & Co. banking privi-
leges, 1839, 500
Marine and Fire Co. bonus, 1839, 750
Planters Bank, Bonus, 1839, 10,000
Planters Bank, interest on If. S. depos-
ites to 1st January, 1840, 9,116 61
Union Bank, interest on U. S. deposites
to 1st January, 1840, 10,610
Memphis Bank, interest on U. S. depos- '
itt-s to 1st January, 1840, 518 20
Memphis Bank, bonus of 1838, 3,000
Memphis Bank, bonus of 1839, 3,000
Bank of Tennessee, dividend of 1840, for
Common School distribution, 100,000
Bank of Tennessee, dividend of 1840,
for Academies, 18,000
Planters Jfamfay bonus <?f lS4Qj -n 10,000
102
Marine and Fire Co. bonus, 1840, 750
Life and Trust Co. bonus, 1840, 750
Yeatman, Woods & Co. banking privi-
leges, 1840, 500
Memphis Bank, bonus, 1840, 3,000
Wm. Fennell, Hiwassee purchaser, 304 45
James Johnston, " ic 231 25
Eli Cleveland, " " 28 24
Insurance and Trust Co. bonus of 1840, 250
Bank of Tennessee, dividend of 1841 for
Common School distribution, 100,000
Bank of Tennessee, dividend of 1841 for
Academies, 18,000 ——290,163 75
Penitentiary, 5,333 32 5,333 32
Total amount received, $543,739 79
Balance in the Treasury at last report, 116,599 43
$660,339 22
Within the same period the disbursements have been four hundred
and seventy thousand seven hundred and forty-eight dollars and seven-
ty-five cents, viz:
Legislative Expense. 64,831 60
Judicial, viz : Supreme Court, 10,604
Chancery, u 11,500
Circuit, " 40,351 44
Attorneys, « 5,212 48 67,667 92
Executive, - 14,299 47
Costs of criminal prosecutions, 50,529 27
Penitentiar}T, 6,495 35
Public Printing, -------- 9,420 83
Wolf scalps, - 1,266
Meigs' Reports, ------- - 2,109 75
Humphreys' Reports, - 46 07
Tax aggregates, 1,672
Lunatic Hospital, ------- 6,600
Public Arms, - 729
County Commissioners, 5
Internal Improvements, ------ 1,722 62
Geology, -------- i}20S 32
School'Fund, - 191,576 82
Academy Fund, - - < - - - - 24,240
Sinking Fund, - 20,244 8?
Electors of President and Vice President, - - - 628 A^
Enumeration of 1841, ------ 2,454
Miscellaneous, viz:
Annuity of 1839 to Daniel Fox, 40 00
103
do.
309 50
do.
200
do.
196
do.
500
do.
500
do.
200
Winston & Moore,for reprehending a fugitive, 300
K. G. Sooggiii,
Geo. AV. Latimer,
J110. W, Fowler,
A. L. Grossman,
T. B. Iiagsdale,
James Miller,
Jno. AV. JLheazeale, special printing, 4 50
Jas. II. Graves, running county lines, G 73
Henry fc'Lephens, Iliwassee pui chaser, 104 35
Holman & iiolliugsworlh, attorneys in suit
for Treasurer, 25
Eichbauai Cl Barnard,for binding old Acts
ami Journals, 357 50
It. B. Jones, tax refunded, • 23 70
Daniel Fox, annuity'for 1840, 4,0
R. II Campbell, apprehending a fugitive, 200
Eichbaum Ik. Barnard, binding Acts and
Journals, 103 75 3,021 05
$470,74S 75
AArhich being taben from the amount received, 060,339 22
Leaves at tnis day a balance in the Trea- —
sury of $189,590 47
The whole amount of warrants issued and re-
ceivable into the Treasury, $546,556 78
Of which there has been received, 536,243 21'
Leaving amount not yet received, $11,313 56
The whole amount of warrants issued and *
payable out of the Treasury, -$493,021 67
Of which the Treasurer has paid 468,722 80
Leaving unpaid and outstanding against
the Treasury, . $27,29S 87
That portion of the receipts into the Treasury which may properly
be designated Ordinary Revenue is collected by the Clerks of the. dil'-
ferent Courts and Sheriffs. Clerks of the County Courts are charged
with the collection of a tax on merchants, grocers, jewellers, pedlars,
showmen, and others who exercise privileges for which license is given.
Clerks of the Circuit, Chancery and Supreme Courts collect fines,- for-
feitures, and a tax on each suit determined in their respective Courts.
Sheriffs collect the tax on lands, town lots, slaves, pleasure carriages,
white polls, and the tax on money employed m the purchase of bills,
bonds, or notes at a rate of discount greater than six per cent.
.Miscellaneous or Extraordinary Receipts are such as accrue from ir-
regular sources, or which, when collected, are transferred to other uses
than the. ordinary support of Government.
104
The sum of $105 stated to have been received fron: the La Grange
and Memphis Rail Road Co. was so much refunded by them on ae-
eoUnt of interest previously paid out of the Tieasury on bonds issued
for the benefit of that Company.
The bonus received from, the Planters and Memphis Ranks, and from
the different Insurance Companies, is paid as annual tax on their cor-
poration privileges, and together with the 100,000 dollars set apart by
the Bank of Tennessee, and the $*200,000 in lieu of the tax on School
l^ands, constitutes the fund annually distributed for the support of Com-
mion Schools.
The two items of $500 each, received from Yeatman, Woods & Co.
was for a banking privilege enjoyed by them under a general law
which expired by limitation on the first day of the present year.
The amount recehedfrom the Union, Planters and Memphis Banks
dn account of United States surplus deposites, are for interest on the
portion of that lurid which remained in those Banks on the Lt day of
January, 1310.
The sum stated to have been received from Iliwnssee purchaser
were found to bo due, and weie audited under the general provisions of
an act passed at the last session of the General Assembly.
The Rani; of Tennessee has annually, as provided for in the chatter, Set
apart $ IS,000 to be distributed equally amongst the several county
academies. This sum passes through the Treasury and amounts to
about ft210 per annum to each academy. Some of the Academics have
drawn the whole amount to which they are entitled; some have drawn
a portion only, and a few have yet omitted to apply for any portion of
it. Such of (hem as have drawn none have now standing to their
credit the sum of seven hundred and twenty dollars eac-ln
The amount received from the Penitentiary has been paid by the
-keeper under the provisions of the act of last session, directing that the
surplus profits as they accrue ftom the labor of the convicts, shall be
paid into the Treasury ; and as the condition of that establishment has
now assumed its permanent character, and promises certain profits an-
mi ally, the receipts from that source may hereafter be classed with the
items of ordinary revenue.
The disbursements from the Treasury have been made as slated in
the lists of accounts. Legislative Expense includes the whole appro-
priation required for the payor members, together with every incidental
charge of the last session.
Judu hi includes (he salaries of the different Judges and Attorneys
General of all the Courts.
Exc it live Ejpe? scs are for salaries of the Governor, Secretary of
State, Comptroller and Treasurer, and foi* stationery used in their re-
speetivo offices, and for postage on public letters.
Costs rf Criminal Prosecvticns are paid out of the Treasury in all
cases above the grade of petit* larceny where the defendant is acquit-
tod, or insolvent when convicted. This item, as will be seen, constitutes
a heavy charge on the revenue.
105
Penitentiary is exclusively for pay to the officers and guard em-
ployed in transporting convicts from the place of conviction to the
public prison.
Wolf Scalps is a premium of three dollars for the killing of each
wolf over four months old, and of two dollars for each wolf under four
months old, in any county in the State.
Public. Printing is for publishing and distributing the acts and jour-
»als of the last session.
Meigs"1 and Humphreys' Reports—For expense in reporting and pub-
fishing* the decisions of the Supreme Court by the Attorney General, as
required by the act of 1831.
Tax Aggregates—A fee of seventy-five cents for each civil district
in a county is paid to the Clerk of the County Court for furnishing the
Comptroller's office with an aggregate of the public property and polls
subject to payment of public tax.
Lunatic Asylum.—This expenditure is from an appropriation of
"$4,500 made at the last session for the general purposes of the Hospital
■and for additional salaries of agents and officers.
Public Arms.—Charge for transporting arms from Nashville to
Jackson, and for storage at Jackson and Knoxville.
County Commissioners.—Fees paid to two Commissioners in Carter
County for services rendered in settling with the clerk of the count}
court for *1839.
Internal Improvement.—^This sum is entirely composed of interest
paid at the Treasury on bonds issued for the benefit of the Lagrange-
and Memphis Rail Road Co., no part of which has been refunded by
them as required by Taw.
Geology.—Salary paid to G. Troost
School Fund and Academy Fund.—Distributive proportions paid to
the respective counties as called for out of the fund specified in explnn-
ytion of receipts into the Treasury.
Sinking Fund is composed of interest paid into the Treasury by the
Union, Planters and Memphis Banks on such portion of the I. nited
States surplus deposites as was held by these Banks on the 1st January,
1840, and which interest has been transferred from the Treasury to
the Bank of Tennessee to constitute a part of the sinking fund of
that Bank.
jElectors of President and Vice President.—Compensation paid to .
Electors who convened at Nashville in December, 1840.
Enumeration of 1841.—Compensation to. county agents who are
appotnle 1 by the county courts respectively, and who have taken-an
enumeration of the free white male, inhabitants, as provided for by an
act of.the last session of the General Assembly.
The difficulty of enforcing collections of revenue where there is an
unwillingness to pay punctually the public dues, makes it desirable to
have some modification of the Statutes on that subject. In many
instances evasions occur from the want of specific direction as to the
person or public officer to whom is assigned the <sl.;ty of enforcing pen-
allies or instituting prosecutions for violations of the revenue laws.
10G
From some defect whiah deserves to be corrected, the law oil the subject
of reporting lands for the non-payment of taxes is wholly inoperative,
and in some of the .counties west of Tennessee river the annual loss to
the State and to the respective county treasuries is from that cause alone
quite considerable.
The revenue derived from the tax on property and polls still remains
with very little variation, notwithstanding the continued downward
tendency of estimates on the value of taxable estate. Whilst the get-
tlements, as they are now daily made with the clerks of the county courts
for the revenue of the current year, exhibit deficiencies in the irnpor-
tant item of receipts from merchants below what could have been anti-
cipated two years ago. The falling off had then been so great for the
two preceding years, that we ventured to hope that it had reached its
lowest point; and in order that a comparative view may be had of
different periods, I have placed in the last columns of the annexed table
the revenues©f clerks and sheriffs as settled in the year 1837, when the
taxes 6n merchants' license were more productive than atjiny othci
period.
The annexed tabular statement exhibits separately the quality and
value of each description of taxable property and the number of polls
for the year 1S40; the amount of taxes paid by^tiie sheriffs and clerks ;
the average value of land and taxable slaves; and finally, the entire
estimate for the whole State in one view. It would have been more
satisfactory had the statistics been prepared for the returns of the present
year, but these are yet deficient, and, so far 'as they have been made,
vary so little from those of 1840, that the plan adopted was deemed the
most likely to be of public value.
Respectfully submited,
DANIEL GRAHAM,
Comptroller of the Treasury.
Comptroller's Office, )
Nashville, Tenn. 6th Oct. 1841. \
OF THE
COMPTROLLER OF THE TREASURY OF
TENNESSEE,
TO THE TWENTY-FOURTH GENERAL ASSEMBLY OF THE STATE.
108
, I Tabular Statement of the Taxable Property, fyc* within The State of
east tennessee.
counties.
Acres pf
Land.
Value.
Town
Lots.
Value.
Anders-on,
Bledsoe,
Blount,
Bradley,
Campbell,
Carter,
Claiborne,
Cocke,
Grainger,
Greene,
Hamilton,
Hawkins,
Jefferson,
Johnson,
Knox,
M'Minn,
Marion,
Meis's,
Monroe,
Morgan,
Polk,
Ithra,
lloane,
Sevier,
Sullivan,
Washington,
317,4\
306,65
431,182
56,194
433,864
198,524
250,855
' 2125598
382,980
132,442
347,114
227,539
198,296
287,36
217,973
405,3 90
100,392
259,762
450,064
36,404
188,720
238.547
332.548
255,627
203,845'
6,540,371
332,681
449,773
914,142
255,571
348,254
585,758
537,404
763,017
1,39 ,100
504,959
1,064,921
1,129,841
216,445
1,318,121
1,020.270
426,368
37t», i
1,872,56
128,067
163,053
315,637
916,979
330,136
1,010.429
1,110,043'
16,477,320
56
52
184
293
48
68
51
93
321
108
235
33
210
223
83
104
161
c
48
71
82
44
423
126
3,171
1,318,467
w
ives.
to 50
201
250
424
172
112
285
282
433
483
202
657
536
79
887
566
180
126
388
38
100
165
556
179
517
449
,267
109
he year One Thousand Eight Hundred and Forty.
139,850
122,100
196,875
202,880
104,325
302,500
25 J,355
27,900
382,377
278,500
95.500
62^850
163,352
16,650
44,950
80,000
269,663
82,550
218,890
199,090
3,815,825
2
1
2
7
3
4
9
140
820
1305
1540
900
2928
13255
265 0
300
700
150
200
400
U85
300
1100
1800
30,333
statement
EAST TENNESSEE.
White
Nett Revenue
Nett Revenue
'
Polls.
of
COUNTIES.
21 to 50.
Sheriffs.
Clerks.
Anderson^
687
282
76
263 59
Bledsoe,
591
358
43
336 62
Blount,
1401
695
32
447 31
Bradley,
756
273
40
294 60
Campbell,
675
272
92
302 19
Carter,4
353
25
Claiborne,
1111
487
95
521 66
Cocke,
750
410
90
234 86
Grainger,
1181
602
19
409 21
811 58
Greene,
1982
1003
19
Hamilton,
855
438
82
409 £0
Hawkins,
1728
873
08
505 23
Jefferson,
1329
835
537 69
Johnson,
333
157
40
' 28 19
KnoX,
1818
1154
62
5083 54
M'Minn,
1372
037
35
637 <83
Marion,
639
339
78
237 31
Meigs,
528
277
93
507 91
Monroe,
1310
766
50
633 77
Morgan, 1
292
103
90
118 77
Polk,
328
146
07
21
PJiea,
450
253
67
507 71
Roane,
1126
703
32
439 55
Sevier,
718
833
26
347 16
Sulliivan,
1268
727
66
672 55
Washington,
1341
812
37
643 97
24,599
13,484 04
11,764 10
Ill
— Continued.
Average value
Average value of
Nett Revenue
Nett Revenue
Land pur
of Sheriffs,
of Clerks.
Acre.
Slaves.
1837.
1837. 4
1 04
43
253 50
381 43
1 47
» 595
275 32
577 92
2 12
4C7
C27 75
872 81
4 54
486
112 92
469 70
80
506
226 66
377 27
800 03
-24 37
2 94
490
338
800 94
2 14
431
375 34
424 31
3 5S
454
568
556 81
3 64
413
911 16
1503 21
3 81
538
181 07 j
958 15
3 C6
450
817 88
1102 23
5
405
752 CO '
1126 90
1 09
r~3
138 06
118 59
4 53
m
1100 56
2G44 50
4 11
49 2
805 67
IOC6 47
. 1 04
550
523 54
3 GO
499
216
356 97
3 35
" 421
675 33
1218 30
23
488
45 63
136 26
4 51
: •
1 14
I 484
238 04
448 C2
3 41
485
C79 86
976 15
19
461
532 13
457 13
3 95
423
697 2G
1173 63
5 49
443
789 82
971 23
2 53
i • 462
11,524 35
18,05° 58
112
J2 tabular statement of the tunable property, fyc. within the State of
MIDDLE TENNE6SEE,
Acres of
Value.
Town
COUNTIES OF
Land.
Lots.
Bedford,
Cannon,
259,369
1,974,771
168
167,833
. 462,410
CO
Coffee,
344,667
723,011
89
Davidson*
399,189
4,337,936
913
De Kalb,
204,731
335,355
143
Dickson,
260,063
533,553
7L
Fentress*
287,179
184,031
49
Franklin*
240,985
1,048,605
122
Giles,
302,326
4,991,850
337
Hardin,
81,584
330,297
86
Hickman, ,
196,310
472,439
94
Humphreys*
300,000
493,231
101
Jackson,
407,307
793,877
1S5
Lawrence,
37,225
274,465
64
Lincoln,
348,833
1,907,258
155
Marshall,
210,203
1,492,816
igo
Maury,
Montgomery,
388,006
3,529,212
422
434,007
1,529,446
219
Overton,
1,097,411
89
Robertson,
293,676
Rutherford,
329,828
2,974,412
199
Smith,
330,385
1,482,326
204
Stewart,
• 287,477
558.623
94
vSumner,
319,513
2,395,998
271
Van Buren,
79,885
92,700
69
Wrren,
412,534
728,152
269,836
Wayne,
White,
36,718
59
361,239
686,874
73
Williamson,
347,742
3,380,389
277
Wilson/
356,202
2,417,093
170
Totals.
'
8,055,018
38,504,377
4,953
113
State., of Tennessee, for the year one thousand eight hundred and fortyv
Slaves,
i
yalue.
Value.
<P
oo 2.
Value.
12 to 50,
c 5'
31
S7,S31
1,978
1,124,425
30
5,535
33,672
260
144,82 i
1
100
20,391
493
241,592
3
630
3,718,321
5,156
2,735,164
170
50,507
25,266
196
104,150
1
37
19,425
665
379,509
3,683
41
20,900
87,335
1,301
723,625
23
7'150
223,540
2,798
1,633,400
11
5,2 0
22.575
341
164,125
3
532
11,050
607
338,400
4
800
13,252
295
171,100
23,088
588
269,100
2
580
' 22,575
309
190,150
11
1,280
131,225
1,763
1,007,600
30
7,375
42,444
1,347
791,000
9
2,150
506,364
4,893
2,353,040
94
33,481
" ' 244,860
2,979
1,597,692
53
16,153
47,985
1,775
960,257
14
4,175
211,233
4*030
2,302,008
62
22,280
47,591
1,357
, 1,100,598
4
1,375
29,930
808
4-47.630
2
350
265,519
3,220
1,794,680
47
14,421
39
17,500
2
65
70,250
573
317,000
5
1,400
15,180
241
103,620
3
760
30,773
427
205,122
8
850
315,425
4,878
2,703,690
' 82
23,210
156,4:89
2,737
1,600,679
10
3,225
rnr
. ....
5,432,844
46,655
25,909,70;
684
204,621
10SA
114
STATEMENT
SXHMJRE TENNESSEE.
COUNTIES OF
White
Polls.
21 to 50.
Nett Revenue
of
Sheriffs.
Nell Revenue
of
0 lerks.
Telford,
Ca.iri.on,
Ccflee,
D<i\ idhon,
JDe K:i\
Dickson,
Fcntieas,
Franklin,
G;Ies,
Hat dirt,
Hrctirann,
ilu nphreys, .
Jackson,
Lawrence,
Lincoln,
Larauail,
naury,
Tum^ tmery,
Ovetloa,
Robertson,
lluthenorJ,
'Lnith,
wait,
i'iHAiw,
\(ih Eur en,
Van viu
V -Lytic,
mvhi!e,
/ilii.Rl'.SCtX.
t» Isim,
Tc:t?t3s.j
2026
7S'j
943
£324
0515
Cl'5
4J6
1680
r/58
sso
in
497
1389
743
2175
1450
2129
1324
1340
200 a
2185
1813
£03
1063
832
1022
£007
2432
38,002
1139 25
288 50
129
4741 83
200 11
509 20
145 20
1004 24
U82 17
29
489 19
275 65
013 29
320 82
161D
12G6 C3
3644 IS
1731 19
452 89
1149 20
2859 84
1493 10
522 67
2314 22
77 27
620 45
224 40
554 IS
3282 39
£247 71
b,es3 76
Jontin
< £3
•2-3
£Lp
7 61
2 75
2 09
0 87
3 63
2 05
94
3 35
6 53
4 16
2 40
1 66
1 94
7 37
5 46
7 10
0 09
3 52
3 73
9 04
4 43
1 95
6 85
1 13
1 73
7 34
1 81
9 74
6 78
4 84
115
Nett Revenue
of Sheriffs,
1747.
Nett Revpiii
of Clerks,
l$h7.
1528 75
491 14
295 50
4824 93
549 69
152
1113
2281 81
370 34
425 SS
258 24
553 80
268 13
1554 19
1147 59
3442 89
1927
400
1102 39
2933 92
1462 50
606 65
2300
271 35
.578 57
3300 73
2171 90
36,215 38
S3,878 38
I
116
A Tabular Statement of the Taxable Property, fyc. within the State oj
Acre# of
Land.
Value.
Town
Lots.
Benton,
39,763
118,474
72
8,681
Carroll,.
206,772
667,157
150
52,941
Dyer,
295,550
675,057
74
19,010
Fayette,
330,992
2,174,119
448
317,842
G b-ion,
349,349
965,892
139
46,431
Har'ieman*,
176,507
1,040,687
183
87,252
Henderson*
. 117,349
454,796
131
40,945
Henry,
Haywood,.
213,348
961,510
133
85,680
401,763
116,830
B uderdale,
258,893
745,720
432
58,514
M'N iiry,
39,479
126,335
86
24,030
fr.hihson,
308,655
1,414,893
307
319,750
Ou.in,
353,607
• 126,678
859,507
78
17,780
f.YVU
359,755
98
12,198
SUl >y,
376,684
236,164
2,002,157
631
627,780
1 tr Ml,
1,212,318
476
19 ',932
t euley,
. 226,443
548,476
88
33,890
We* Tennessee,
3,656,233
15,726,616
' 3,576
2 074,480
i.ii ).• Tennessee,
8,055,018
38,504,377
4,953
5,422,844
Ea* LYnnesseee,
6,540,371
16,477,3.0
3,171
1,318,467
Grand Total,
.18,251,622
70,708,315
11,700
8,8x5,797
117
Tennessee s for the year One Thousand Eight Hundred and Forty, ,
Slaves.
m
" &
5 ^
Valve.
Valvb.
12 to 50
£ «
91
932
418
5,066
1,248
2,522
867
1,541
450
345
2,650
246
298
3,106
1,363
671
21,817
46,555
8,267
76,639
50,625
499,635
203,950
2,873,688
628,610
1,459,969
460,700
835,380
1,405,558
231,150
169,535
1,482,005
134,500
152,650
1,501,781
819,691
348,800
13,258,227
25,999,708
3,815,825
43,073,760
7
2
119
10
57
9
S2
6
2
48
1
71
29
6
399
684
140
1,223
3,450
350
-30,735
1,875
13,905
2,025
$,145
18,965
1,500
200
32,741
150
17,675
$,125
1,075
116,800
204,621
30,333
351,754
lis
STATEMENT
White
Polls.
21 to 50.
464
1278
478
1489
1297
1169
1293
1370
1037
353
1C05
. 1235
557
829
1158
C48
983
16.643
38,002
24 590
79,244
Nett Revenue
of
Sheriffs.
140
706 57
420
2703 87
845 74
1S50 29
588 47
1052 33
1381 16
399 03
267 59
1679 47
' 382 53
346 93
1942 83
1023 98
. 578 13
15,807 99
37,883 76
13,484 04
67,175 79
— Continued.
119
Average v tlue of
Average value of
Nett Revenue
JMett Revenue
L i ) 1 p M
of Sheriffs,
of Clerks,
At re.
Slaves.
1837.
1337.
2 9 \
'• 533
343 12
293 63
3 32
531
758 86
S31 50
2 21
45
439 38
?27 20
G 3 >
533
2778 87
3533 35
2 17
5)3
827 20
1234 30
5 1)
083
1392 41
1340 16
3 57
531
642 43-
1C25 48
4 5)
543
1074 50
1706 10
' 1529 94
1861 23
2 33
513
353
187 45
3 U
491
261 29
21 20
4 52
555
1820 47
2525 48
2 43
543
483 26
485 42
2 31
512
298
657 66
5 31
433
1584
1800 14
5 13
601
1154 56
1053 86
2 31
520
564 34
774 40
4 19
541
16,110 63
19,763 56
4 84
558.
35,215 38
53,873 28
2 53
461
*11,524 95
18,853 58
3 81
543;
63,850 96
92,495 42
REPORT.
To the General Assembly of the State of Tennessee :
In performing a duty enjoined by the provisions of the ninth section
of an act passed on the 25th of January, 1840, entitled M an act more
effectually to provide for the collection of the public revenue Irom de-
linquent officers, I have the honcjr to submit the annexed list of collect-
ing officers, with the sums due from each, (so far as ascertained,) for
18*0, and the preceding years.
The list exhibts an extent of delinquency much to be regretted, and
will doubtless attract the serious attention of the Legislature.
A record of the correspondence with the attorneys of the several ju-
dicial circuits, who have that portion of the public interest in charge,
is submitted, to be used as the General Assembly may direct, and it is
believed that the facts and circumstances disclosed in the communica-
tons of the attorneys will greatly assist in developing the causes of
defalcation or delay.
121
IN THE FIRST JUDICIAL CIRCUIT-
COUNTIES.
Greene,
Washington,
Carter,
Johnson,
Sullivan,
Hawkins,
NAMES.
JVI. G. Fellers, sheriff, for 1839,
The clerk of the circuit court, from
the 1st of October, 1835, to March
1836,
John Bricker, sheriff, for 1S39,
A. M. Carter, clerk 'of the circuit
court, from 1st October, 1835, tc
March, 1836,
M. N. Foisom, clerk of the count)
court, 1837,
M. N. Foisom, clerk of the count)
court, 1838,
M. N. Foisom, clerk of the count)
court, 1839, and to the first of May
1840,
Abraham Tipton, sheriff, for 1839,
R. C. White, clerk of the Gounty
court, 1839,
Reuben Miller, sheriff, for 1839,
R. C. White, clerk of the county
court, from September, 1839, to 6th
of April, 1840,
County court clerk, from
October, 1835, to March, 1S36,
J. C. M'Carty, sheriff, for 1839, "
J. C, M'Carty, sheriff, for 1840,
W. R. Mitchell, clerk of the circuit
court, from the 1st of September
1839, to 23d of March ' 1840,
AMOUNT.
$1,064 57
875 Ct
* 22S 7
365 61
59 G<
167 4
7 1
914 0
928 8
23 1
122
IN THE SECOND JUDICIAL CIRCUIT.
NAMES.
Robert M'Knmy, sheriff, for 1840,
William C. Everett, collector, fo:
183 J,
A. P. Cromwell, circuit court cleric,
1837,
41 from September, 1837, ti
March, 1838, ■
Unknown, county court clerk, 1830
Jnkitown, circuit court clerk, fron
the month of September, 1839, u
March, 1840,
E. II. Wear, circuit court clerk, fron
Ihe month of September, 1S39, t<
Ma v, 1849,
rl. If. Wiley, county court clerk
1839,
IN THE. THIRD JUDICIAL CIRCUIT.
COUNTIES.
Samuel L. Story, circuit court clerk.
1839,
William Jones, sheriff, in part, 1837,
William Jones, do 1838,
William Jones, do 1839,
A. M. Rogers, do 1839,
J. M. Anderson, do 1840,
William Kerr, county court clerk,
for 1S39,
William M. Rogers, county court
plerk, from. September,. 1839, to
April, 1840,
AMOUNT.
157 08
305 75
334 30
251 05
466 82
401 45
233 9?
123
IN THE FOURTH JUDICIAL CIRCUIT.
counties.
names. •
amount;.
White,
Jackson,
f. A. Lane, county court clerk, from
1st of October, 1835, to March.
1836, a valance,
J. T. Bradley, sheriff, 1810,
f. S. Turner, county court clerk, 1st
September, 1839, to the 7th April.
1840,
589 &5
IN THE FIFTH JUDICIAL CIRCUIT.
names.
Benjamin S. Mabry, sheriff, 1333,
Same,. . do 1839,
John R. Lau<rhlin, county court clerk
October, 183.3, to March, 1836,
J. VV. Jetton, chancery, court clerk,
1833,
G. S. Crockett, chancery court clerk.
1840,
I. M. Brown, county court clerk,
October, 1833, to April, 1840,
I. O. George, sheriff, 1840,
Win. D. Orr, county court clerk, Oe
tober, 1839, to> April, 4840,
124
IN THE SIXTH JUDICIAL CIRCUIT.
NAMES.
Thomas Hardeman, circuit court cl'k.
October, 1835, to March, 1836,
John W. Allen, circuit court clerk,
from September, 1839, to March,
1810,
William Rice, Sheriff, for (a balance)
I 1840,
Smith Crtddle, county court clerk,
i (balance,) 1839,
IN THE SEVENTH JUDICIAL CIRCUIT.
COUNTIES.
Robertson,
Montgomery,
Diekson,
Stewart,
Humphreys,
NAMES.
William Shelly, county court clerk
From September, 1838, to March,
1839,
A. Vance, county court clerk, from
October, 1835, to March, 1836,
circuit court clerk, from Oc-
tober, 1835, to March, 1836,
Upton Orgain, Sheriff, 1838,
■— county court clerk, from Oc-
tober, 1835, to March, 1636,
— chancery clerk, from Octo-
ber, 1835,.'to March, 1836,
H. II. Gorin, county court clerk,
1839,
H. H. Gorin, county coart cl'k 1840.
B. B. Spicer, Sheriff, 1840,
125
IN THE EIGHTH JUDICIAL CIRCUIT -J\*OJYE.
IN THE NINTH JUDICIAL CIRCUIT.
COUNTIES.
NAMES.
Peleg Terrell , sheriff, IS J;?,
Rinchen Williams, county court cl'k.
1839,
Joel S. Enlqe, sheriff, 1835,
William S. S. Harris, county court
clerk, 1838,
William S. S. Harris, county court
clerk, 1839,
William S. S. Harris, county < ourt
1 clerk, 1840,
H. Clarke, sheriff, reported lands of
1839,
Asa Fovrlkes, Sheriff, 1840,
VI. M'Laurine, sheriff, 1838,
M. M'Laurine, sheriff, 1839,
IN TIIE TENTH JUDICIAL CIRCUIT.
name p.
3. Co<e nan, circuit court clerk, ii
UoN
e». Coleman, circuit court <leik,fnm
the 1st September, Hoi), to leb-
ruar}, I -ȣ),
Munsti-id "./itjCj Shciiff, 1885,
Littleton Ji yuer, county court clerk.
1L37,
>. Id. Carson, sheriff, balance, 183b,
E. H. TTrrant, circuit court clerk
1835.
IN THE ELEVENTH JUDICIAL CIRCUIT.
names.
John K. Bakb, sheriff, 1855,
VV. C. Terry, Sheriff, 1835,
lames Boyd, Sheriff, 18S7,
denjamin Jones, county court clerk,
1836,
Mdclin* Cross, county court clerk in
part, 1838,
Samuel Glass, sheriff, 1838,
Same, do 1830,
Frederick R. Smith, county court
clerk, 1838,
Frederick 11. Smith, county court
clerk, September, 1839, to April,
mo.
A. G. Neilson, county court clerk,
October, 1839, to April, 3840,
E. R. Belcher, circuit court clerk,
September, 1SS9, to March, 1840,
127
IN THE TWELFTH JUDICIAL CIRCUIT.
names.
A. Fine, sheriff, 1840,
Joseph Peter.on, circuit court clerk,
lrom September, 1833, to May
lb 40.
0. H. lJ- Hill, county court clerL
1840,
comity court clerk, 1st July
to 1 st September, 1830,
Ch. Cowan, sheriff, lb 10,
a mo on t.
410 ff)
IN THE THIRTEENTH JUDICIAL CIRCUIT.
counties.
names.
William C. Dlalre, sheriff, 1839,
J. W. Richardson, circuit court ci'k
183S,
D. M'Lcan, county court clerk, Sep
tmnber, 1889, to June, 1840,
L. Ferrell,, sheriff, 1835,
John Urovb, sheriff, 1S37,
P. Henderson, circuit court clerk,
October, 1834, to March, 1833.
William Armstrong, county eour
clerk, 1833,
vVm. Armstrong, county court clerk.
1839,
Wm. Armstrong, county court clerk,
1st September, 1839, to Decern
her, 1840.
amount.
128
IN TOE FOURTEENTH JUDICIAL CIRCUIT,
NAMES.
S. J. Alexander sheriff, 1839,
R. YV. Alton, county court clerk,
1839,
James Robinson, sheriff, 1835,
Alexander Nevill, sheriff, 1838,
Same, do. 1839,
Daniel Smilh, sheriff, 1840,
Madison Harris, sheriff, 1835,
Wm, Welch, sheriff, 1838,
Same, do 1839,
John West, county court clerk, m
1833,
George R. Hern, county court clerk,
1838,
George R. Hern, county court clerk.
1839,
A. J. Neely, sheriff, 1837,
1. II. Gee, circuit court clerk from
1st September, 1839, to 20th Jan-
uarv, 1840,
J. M. Henderson, circuit court clerk.
from January to May, 1840,
Thomas Jones, sheriffj 1840,
129
ASCERTAINED AMOUNTS DUE.
In the First Circuit, 4,835 05
" Second Circuit, 1,155 95
« Third Circuit, 2,150 48
" Fourth Circuit, 589 55
Fifth Circuit, 5,187 61
M Sixth Circuit, 561 93
u Seventh Circuit, 3,544 44
" Eighth Circuit, none.
u Ninth Circuit, ^,054 91
u Tenth Circuit, 3,294 85
a Eleventh Circuit, 6,789 09
44 Twelfth Circuit, 1,096 61
u Thirteenth Circuit, 6,121 35
u Fourteenth Circuit, -4,849 32
Total amount, $44.231 15
This sum, large as it is, does not include the several delinquencies
which appear in the list, where the amount due has not been ascer-
taiaed, nor the amount collected by Wm. B. Miller, former Attorney
General of the 10th Circuit, and reported by his successor in, office as
wholly lost to the Treasury.
Respettfully submitted,
DANIEL GRAHAM,
Q)pipti oiler ojf the Treasury.
Comptuol.leb'b Office, )
Nashville, Te., Oct. 13, 1841. J
USA
LUNATIC ASYLUM.
Report of the Attendant Physician to the Honorable General Assembly of
the State of Tennesste.
Gentlemen :—More than sixteen months have elapsed since the Lu-
natic Asylum of Tennessee was put in operation, and during this time,
I am happy to inform you, our Institution has been blessed with a high
degree of prosperity. Its inmates, the objects of our peculiar regard,
have, with but few exceptions, enjoyed most excellent health ; and have
been favored with every comfort which we could bestow, or they ap-
preciate, and our efforts for their intellectual and moral improvement,
have been crowned with a success, which, whilst it demands oUr
sincere gratitude to the bountiful giver of ail good, cannot fail also to en-
courage us to continued and more vigorous exertions in the same benevo-
jent and holy enterprise.
132
Tables exhibiting the number of patients remaining at the date of this-
report, the number discharged during the same period, cured, died, elop-
ed, the civil condition of patients, and respective ages of patients.
Table 1.
males.
females.
total.
The number of Patients remaining
at the date of this Report,
12
4
16
Table 2.
There have been discharged during
4
the same period, cured,
6
4
10
Have died,
c%
o
3
4
Eloped,
1
0
1
There being in Che Institution during
15
the past year,
—
\
31
Table 3.
The civil conditions of patients have
been of those
Married,
7
9
16
Single,
15
0
15
31
Table 4.
Respective ages of patients:
Those under 20 years,
2
Between 20 and 30 "
10
u 30 and 40 u
10
« 40 and 50 "
5
'
u 50 and 60 "
3
« 60 and 70 «
0
" 10 and 80 "
1
31
Such is the present condition of this Institution. It remains that we
now speak of its wants and future prospects.
To render the benevolence of the Legislature fully effective, large-.'
donations should be annually made until this Institution embrace withii*
its enclosures all the sanative means, diversified to meet the infinite va-
lietiesof mental aberration which the benevolence of an enlightened
age, the experience of the faculty, and the advanced state of knowledge
touching intellectual disorders so imperatively call for.
The establishment of the institution is not a monejed speculation in
volv eg the usual hazards and fluctuations of monetary affairs, hut is the
outpuu utgof the trrepressible emotions of sympathy for the sufferings-
of humanity. Nor has itrefe-reucc to a mala'dv of a temporary nature-
133
which to-day is, and to-morrow ceases forever, but to a perennial stream,
the fountains of which arise in the constitution of man, and will contin-
ue while men and human institutions exist. This institution, moreover,
has no connexion with party, but rises immeasurably above all partizan
views, soars far beyond the reach of sectarianism, the low intriguer, or
the arts of the demagogue. Its permanence is based upon the unchang-
cable nature of man, which, as it has been subject to this malady from
the earliest period, so will continue to the latest moment of his existence.
The remedial means resorted to in modern times are as various as the
causes of the disease.
An enclosure of thirty acres would scarcely suffice to render efficient
these means. It must be obvious to every member of this body that,for
an unsound mind to inhabit a sound body is incompatible with reason
and experience iully sustains the deduction.
Hence it happens that to cure insanity it is only necessary to restore
the general health or heal a local disorder. To effect this removal from
customary associations and change of habit and diet, with other moral
causes brought to bear upon the patient, are indispensable.
It appears from all the information thai we can collect, that there are
in Tennessee between seven and eight hundred iPauper Lunatics, depriv-
•ed of the inestimable blessing of reason—of these our means have ena-
bled us to give relief to but some fifteen or twenty ; that is, only one six-
teenth part of this vast amount of human suffering is mitigated by the
bounty of the State of Tennessee. Well may we inquire whether it
comports suitably with the honor, the dignity, or interest of one of the
largest States of the Union, thus to neglect the calls of humanity in be-
half of her suffering poor. Is Tennessee poor in resources physical?-—
Is it in meagreness and sterility of soil, or poverty of spirit; is it physi-
cal inability, or a stinted endowment of liberal and enlightened views,
that withholds from the stricken wanderer, from the houseless and she]-
terless, a refuge in his bereavement! Dire arbitrement indeed, if when
reason forsakes us the portals of sympathy shall also be closed and com-
tnisseration be effaced from the heart.
" Lives there a man with soul so dead,
Who never to himself hath said,
This is my own, my native land!"
Why should any man be proud of his native land ? We answer,
among other reasons, for this pre-eminently, for its institutions dedicated
to theeause of humanity ! What objects first attract the notice and ad-
miration of strangers and foreigners? The operation of our political
and social system, its bearing upon the prosperity, morals, and happiness
of the people can be understood only after patient observation and care-
ful study of its mode of action ; but of our institutions of humanity they
need make no such laborious examination, no inductive process is to be
instituted; such institutions are palpable if they exist at all, and stand
forth in bold relief, monuments, not of civilization merely, but of the
highest refinement of the moral sense of which it is susceptible; could
the great and good that have died long since, rise from the tomb, and
^ass through your State, what object would most dilate their benevolent
I e arts? Thty Ihlghi ad why 15JB iuielit$ence of the people, be struck
134
with the abundant proofs of plenty and contentment which every where
smile benignant around, and philosophize profoundly upon the nature of
our government, which secures to every man the appreciable blessings
of freedom, the blessings of life, liberty, and the pursuit of happiness.—
All these might arouse their complacency, but to endear this peo-
pie to their hearts they must find more than political prosperity, they
must see the banner of humanity wave triumphant from the domes of your
asylums; point them to your penitentiaries, to your deaf and dumb re-
treats, to your hospitals for the homeless mariner, to your poor houses
for the reception ot helpless age and decrepitude—for poverty and de-
spair point them, to your lunatic asylums, in fine, these would fill the
measure of their admiration, and their only exclamation would be, it is
enough!
To what higher note of praise can the ambition of a generous people,
legislatuie, statesmen, aspire, than the approbation of such judges?
Su *h sentiments are not compatible merely with the general notions of
men, they are the spontaneous effusions of all hearts, in all countries, and
n evmy u/o, they are the voice of nature which points man to the ca-
lanities of his biotlur man, and whispers to him that such, perchance,
may be hi? own alotment—the promptings, in a word, of the monitor
with'n, uhi-h warns bin of his own frailty, and of the wisdom of pro-
riding for its cnrinlfies.
A< the c immunity in general, and particularly thorn who are remote
from our instbufi ml, and most lamentably ignorant with respect to the
mo le ii which its inmates are managed, and as letters are frequently re-
ceived containing inquiries in relation thereto, it may be Well to commu-
nica'e such information upon the Subject as can be condensed into a bra-
ited report Hire the present. The whole system of treatment to which
the i mud are herd subjected, is divided of necessity into medical and
moral—hut as particulars relating to the former could be supposed only
to interest the medical practitioners, I will confine my remarks exclu-
sively to the latter branch of this division.
By the term moral treatment, then, we mean every tiling connected
with the management of such an Asylum, not strictly medical; as for in-
stance, babitati an, nourishment, occupation, exercise, amusement, re- -
strainf, &c., and of them I will speak separately, in the order 'they have
been mentioned.
1. Habitation—Our building is situated upon a pleasant and salubrious
eminence, about oirn mile from the city, and overlooks several of the
principal roads leading thereto. For architectural beauty it is not sur-
passed by any similar institution in the valley ot the Mississippi, and i\s
internal arrangements, had wc tiie means, could be made well calculated
to promote both the comfort and health of its occupants, combining the
several requisites—.ample space, proper ventillation, and a due regulation
of light and heat, and withal, presenls an appearance of neatness and
cleanliness, which is but rarely, if ever excelled in the private dwellings
of our cities and towns.
2. Nourishment—The patients are allowed not merely such a supply
of food as might be deemed sufficient to sustain animal existence, but are
abundantly supplied with wholesome and nutricious diet—consisting, in
part, of wheat and corn bread, tea, crtTlMJ, Ullik, bULLbr, btll'Ulh'HjGef,
103
•veal, mutton* poultry, and the various fruits and vegetables with which
•our country abound. Tho only restriction imposed, either as to quality
or quantity, results from medical interference. The most genteel and
orderly class of patients eat at the table witl? the Steward and his fanfi
ly; a number of others, each being confined to their respective depart
ments, eat together at a table, which is regularly and neatly spread lor
their use—and a third class, which is composed ot the violent a.id noisy,
have their, provisions furnished in their rooms. About one half of the
whole number of patients in the Asylum are permitted to partake of their
meals at table, and although allowed the use of knives and foiK, no of-
fort has been made to abuse the privilege thus grafted them; on the
contrary, they conduct themselves uniformly yvith as much order and
decorum as is usually observed in well regulated families.
3. Occupation—And for the sakG of brevity, I will include under tit's
head the important auxiliaries, amusement and fxmcise. VI briber ro-
garding the universal opinion of those who have written upon this sub-
jeetwhhin the last quarter of a century, or Cu^uliiug our own cxm"-
rience as to tho eHicacy of employment in some Icim, in affording coin-
fort and contentment to the incurable, as well as ; coeleialing t! e lOrev-
CTy of the convalescent, we wouM deem ourselves highly culpable did
we fail to afford our patients every facility practicable fcr the rcccm-
plisliment of so important an end. It Ins boon euraim to a ilu id suflieici t
.exercise both to body and mind, and the result lies Ken that, in many in-
stances, both have been strengthened—and wo have olicn observe d that
the attention which occupation or amusement required, lias produced a
moral revulsion,, and prevented the topic of hallucination from so fie-
quently recurring, or when it did return, from soent'nely engrossing tV>
individualhs mind. Of course we ought to vary the mods of occupation
or amusement, to suit the taste and inclination of those tor whom it w as
intended. A man of refined education, for instance, would derive hut
little benefit from digging, whilst the common day laborer wcuhl fnl it
both exercise and amusement well calculated to diveit his moibul ideas.
The latter would pass through beautiful scenery, or sec a fine picture
without being pleased or attracted; the former, however, might be en-
chanted by .such objects, and completely, whilst at least lie beheld them,
forget his illusions. For these reasons, therefore, although we have en-
deavored to occupy all, it has been our object to please all.
4 Restraint.—This is the last point in reference to our system of mmv
al management upon which I shall speak ; and here X must express the
hope, that no one will for a moment confound jhis term with coenioa.—r
Kothing could be more dissimilar, either in the objects for which they
are designed, or in the effects which they produce; the one being an el'-
ficaeious remedy, the other an aggravating torment—and hence might
as well morality and immorality, or virtue and vice, be considered as sy-
nonymous terms. Upon this point I deem it extremly important that
our views and practice should be well understood ; for in regard to it I
am well persuaded, the most mistaken and pernicious opinions pervade
the community, to the deep prejudice of such instructions and the last-
ing infamy of those for whose benefit they are established. Would that
those impressions had originated in error, as they are now surely kept
alive thrpSjjli IgHtdjm'l! J Kit 111) l\Jl I mutely, a regard for truth compels
156
*s to admit the reverse The lime was certarrvly, (and, there is much
reason to fear, still, in reference to some places,) that Asylums for the
insane, were nothing more than prisons, in which it is impossible to con-
template without horror the barbarous treatment to which the unfortu-
nate inmates were subjected. Indeed, these 'establishments were infi-
nitely worse than prisons, and the treatment of their occupants more
inhuman than that of wild beasts. The opinion then prevailing, (and
■there are persons and practitioners sufficiently ignorant still to believe,)
that the insane should fear, since blows and stripes were resorted to as
the best method of producing a permanent impression, or the equally
absurd, and more inhuman idea was held that they were untamable be-
ings, and hence they were immued in solitary dungeons, loaded with
heavy chains, exposed to cold and hunger, and left to sleep on the
ground or on straw, covered with filth and vermin, and so were they per-
wiitted to remain until the welcome close of a life thus wretched rescued
them from their misery, and they were transferred from the dismal cells
of a mad house to the chamber of the grave. We turn, however, with
delight from the contemplation of such scenes, and congratulate our-
selves, that we can hold up at the present day such treatment for public
■execration, and consign it to a place amongst those other prejudicies,
which, in times gone by, have degraded the character and pretensions
of the human species. In this institution, nothing which bears the
least resemblance to coercion is ever permitted, when it can possibly
be helped, for experience and humanity have taught us the greater ef-
fieacy of milder means. The most tender method, we have found al-
most invariably to produce the best effect, and hence, of course, it is
adopted. No resentment or return of injury ever is allowed, and any
thing like seventy on the part of any officer or attendant, towards a pa-
tient, would doubtless be punished with instant banishment from the
premises. We allow every patient the latitude of personal liberty, con-
sistent with his safety, and no restraint is ever imposed, except what is
rendered absolutely necessary by the violence of the patient, and his dis-
position to injure himself or others, and when thus neeessary, the only
means used for effecting it, is the cold baths, straight waistcoat, or a
large chair. During the last year, these have been resorted to but in ve-
ry lew instances ; and, at the time I write, not a single individual, out
of about twenty, are trameled by either of them.
In contemplating these salutary reforms in the moral management of
the insane, we cannot repress our feelings of gratitude, to the learned
and humane Pinel, who having observed the cruelties to which this un-
happy class were exposed, and heard the cries, howlings and tumults
jvbich constantly echoed throughout the gloomy apartments of the in-
sane institutions of Paris, now less than half a century since,, determin-
-ed to oppose this revolting system ; and who in carrying into effect so
praiseworthy a resolve, evinced a degree of boldness, judgment, and
philanthrophy, which has elevated him to a dignified rank among the
wise, the great and good, and secured to his name the heartfelt praises
of generations yet unborn. If your patience be not already exhausted
bear with me, whilst I attempt, to detail one or two incidents which or-
curred during this important and hazardous experiment. TW-wer*
137
published by M. Sclpion Pinel, the son of the great Teformer, and not
long since were presented in a forcible and impressive manner, by a
•committee in an u Appeal to the People of Pennsylvania, on the subject
•of an Asylum for the insane poor of that State." In the latter months
of the year 1792, Pinel, who had been] for some time chief Physi-
cian to the BiCetre, begged repeatedly of the public authorites, to per-
mit him to remove the chains from the furious. His applications hav~
ing been unsuccessful, he presented himself before the Commune of Pa-
ris, and repeating his objections with increased warmth, urged a reform
of such treatment.
<c Citizen," said one of the members to him, " I will go to-morrow
to visit the Bicelre, but wo betide thee if thou deceivest us, and if thou
concealest any of the enemies of the people amongst the insane."—
This member of the Commune was Cauthon, who was, perhaps, him-
self as strange a spectacle as any whom he visited deprived of the use
of his lower extremities, and compelled to be borne on the arms of others,
he appeared, says, Pinel, a fraction of humanity implahted on another's
body, and from out of his deformity, pronounced in a feeble and femin-
ine voice, merciless sentences proceeded. Sentences of death ; for death
was the only logic that then prevailed. Cauthon the next day went to
the Bicetre. He visited the insane in succession, and questioned them
himself, but he received only imprecations, amidst the clanking of
chains on floors disgustingly filthy, from the evacuations of the misera-
ble occupants.
Fatigued with the monotony and revolting character of this Spectacle,
Cauthon returned to Pinel, " Citizen," said he to Pinel, " art thou thy-
self mad to desire to unchain such animals."
"Citizen," replied Pinel, "I am convinced that these lunatics are
only intractable from being deprived of air and liberty, and I expect
much from a different course."
" Well," said Cauthon, " do as thou likest, I leave them to thee.—
But 1 am afraid thou wilt fall a victim to thy presumption." Master of
his own actions, Pinel commenced his undertaking on the very day,
fully aware of all its real difficulties, for it regarded the setting at liber-
.ty about fifty furious maniacs, without injurious or dangerous conse-
quences resulting to the other peaceable inmates of the establishment.—
He determined to unchain no more than twelve at the first trial had an
equal number of straight jackets prepared, made of strong linen, with
Jong sleeves which could be tied behind the back of the maniac, should
it "become necessary to restrain him from committing acts of violence.
The first person to whom Pinel addressed himself, had been a resident
for the longest period in this abode of misery. He was an English
Captain, whose history was unknown, and who had been chained there
for forty years. He was looked upon as the most terrible of all the in-
sane. His attendants always approached him with the greatest circum-
spection, for in a paroxysm of fury he had struck one of the servants on
the head with his manacles, and killed him on the spot. He was con-
fined with more rigor than many of the others, whieh circumstance,
combined with almost total nesdect on the part of the keepers, had ex-
asp
* 138
Pinel entered his cell alone, and approached him calmly. " Captain/7
said he, " if I were to remove your chains and give you liberty to walk
in the court, would you promise me to be rational, and to do harm to no
one?" " I promise thee. But thou mockest me." "Assuredly not,
I have no fear, for I have six men at had to make me respected, should
it be necessary. But believe my word; be confiding and docile. I will
give you liberty, if you will allow me to substitute this straight waist-
-coat for those ponderous chains."
The captain yielded with a good grace to everything required of him
'shrugging his shoulders, however, but without uttering a word ; in a
few minutes his irons were completely removed, and Pinel withdrew,
leaving the door of the cell open ; several times the maniac raised him-
self from his seat, but fell again. Fie had kept the sitting posture so
long, that he had lost the use of his legs: At length, in about a quar-
ter of an hour, and.after repeated attempts, he succeeded in retaining
his equilibrium, and from the depth of his dark cell, advanced, stagger-
ing towards the door. ' His first action was to look at the sky, and to
exclaim in extacv, "how beautiful!" Through the whole day he ran
about, ascending and descending the stain*,, and constantly repeating the
exclamation, " how beautiful, how good !" In the evening, he return-
ed to hi.-, cell, slept tranquilly on a better bed, which had been provided
for him ; and during the two addition .1 years, which he passed in. the
Bicetre, ho had no paroxism of fuiy. lie rendered •himself, indeed,
useful in the establishment, by exerting a certain degree of authority
over the patients, whom -he governed after bis own fashion, and over
whom he elected himself a kind of superintendent.
II iving already taxed your patience so heavily, prudence would seem
to require that this communication should be here closed. There is one
other topic, however, with regard to which I feel the-utmost degree of
solicituJe, and the great importance of which, as well to the communi- •
ty at large, as to the cause wo all have so much at heart, wiJI, I trust,
successtul.y plead my apology for trespassing a few moments on your
kind indulgence.
Every day's experience adds but new proofs of the fatal cons.equen-
ees resulting to the insane," from those mistaken feelings of kindness
and humamtjq on the part, of their kindred and friends, by which they
are retained beyond tire influence of the means provided in well manag-
ed Asylums, until their disease becomes confirmed, and their recovery
hopeless. And a sense of duty constrains me to call upon all, whateveV
may be their circumstances or condition in life, to ponder well the eon-,
Sequences, ere they decide to persevere in a course as irrational and ill-
judged 011 their parts, as it is detrimental to the best interests of those
for whose good they profess to act.
In one of the French Hospitals, of 2005 apients received 'duringa
specified time, 601 were cured during the first year of the malady—491
during the secDnd year, and only 127 in the succeding eight years. In
the York Retreat, of forty-two patients placed under treatment within
three months of their attack, forty were cured—of forty-five admitted,
who had been insane between three and twelve months.* twpniv fix-o
covered—and seventy-nine, whose
139
year, only fourteen were cured. In the West Riding Asylum, 31'2 ad-
mitted within the first three months of their insanity, 200 recovered,
whilst of 318, whose disease had existed longer, only twenty-six were
cured.
In the Massachusetts State Asylum, of 334 recent cases admitted,
294 were cured or deemed curable—of 198 received during the second
year of their malady, seventy-nine Were cured or reported as curable—
and of 353, whose disease had exceeded two years, sixly-one only
deemed curable. In the Bloomingdale Asylum, out of sixty-eight re-
cent cases, fifty-two were cured, whilst of 178 of longer duration than
one year, only five recovered,
In View then of all that has been said and exhibited, the truth is irresist-
able, tbat reason and experience combine to enforce the absolute impor-
tance of not only placing our friends in such institutions, but of doing
so, at the earliest period practicable^ after their disease has been observed.
Should we not, therefore, u ,vith a loud and earnest voice, call the at-
tention of the public to the utility,.the humanity, and the necessity of
attending to the earliest indications of insanity, in \\ha1e\er loim it may
appear ?" The facts above disclosed, most iorcibly admonish ur, never
to sutler the favorable season for recovery, to pass by unimproved. u li
the broad avenues through which this ioimidaLle erjei ry makes its at-
tacks, are, (and they'will be,) left open ; if it is permitti (1-to make un-
resisted incursions .into the domains of the ronl ; then, when Ike citadel
of reason is first seen to totter under its assaults, and the pillais cf judg-
ment are shaken and torn from their places ; and the passions are set on
fire, to consume all the treasures of joy and of hope, which -htne been
garnered up foryeais, then let all human energy and alertness be in si tin-
taneoiLshj put forth, to rescue the scene from so total and remediless be-
solatio'n.
JOHN D. KELLY, M. D.
October 22, 1811.
COMMUNICATION
From the President of the IJiwassee Rail Road Company, the to General
Assembly of Tennessee.
To the Honorable, the General Assembly of Tennessee:
The resolution propounding certain' questions to the President an#
Directors ot'lhe several Internal Improvement Companies in the State,
adopted by your Honorable body on the 5th instant, having been placed
in my hands, as well as published in the newspapers of ihe day, I feel
it due to the Company, of which I have the honor to be President, as
well as to the General Assembly, promptly to respond to such of the
questions propounded as I hav« the means, at this time, of answering.
It will be readily perceived that the 2d, 3d, 4th, 5th, 8lh, 10th, and
13th interrogatories which relate to the payments of stock by individ-
uals, salaries of officers, &c,, can only be answered at the office and
with the aid of the books of the Company. But I beg your honorable
body to be assured that full, and 1 doubt not, satisfactory answers, so
far as our Company is concerned, will be furnished to the Legislature
at as early a day as practicable. As however, these resolutions or in-
terrogatories are, in their very nature calculated, (though certainly not
so intended) to cast such suspicion on a comDany embarked in the con-
struction of an extensive apd important public work, as may injuriously
effect their application for additional aid from the State, I trust your
Honorable body will not deny me, as the representative of that Compa-
ny, the privilege of giving at this time, general answers and explana*
tions to such of the interrogatories as do not require an inspection of the
books of the Company. It was hoped that the report of the Comrnis-
fdoners, appointed by ex- Governor Polk, under the provisions of the
10th section of an Act passed 25th of Janhary, 1840, a copy of which
was appended to the memorial of the Hiwassee Rail Road Company, at
an early period of the session laid before your Honorable body, would
have been entirely satisfactory as to the management Of that Company;
but as it may not have attracted very particular notice, I beg leave-to
append to this communication, and ask that it be read, a certified copy
of that report, now on file in the office of the Secretary of'State. By
reference to that report, the information, in general terms, in relation
to the amount of stock owned and paid in by individual stockholders,
up to that time, the amount of work actually done on" said road, and the
faithful manner in which every thing has been done.connected with the
Company, can be obtained. And I may be allowed to add, with full
confidence in the correctness of the statement, that under similar cir-
cumstances, no company has ever done more work at less exnense of
salaries.
141
In answer to the first interrogatory I remark, that it is not in my pow-'
erto state, at this time, the precise clay on which the Hiwassee RaiJ
Road Company was organized; but can say that the books were open-
ed, the required amount of stock taken, and the company organized in
all respects within the lime and manner pres«nbed by the charier.
In relation to the 6th and seventh interrogatories, I reply that $357-
000 in Bonds have been issued by the State and received in payment of
so much of her stock in the Hiwassee Rail Road Company. The first
payment made to that Company by ihe State, in Bonds, was in No--
vember, 1838. At that time 5 per cent State Bonds could not be sold,
as far &S we had the means of ascertaining, at any, unless it was a ru-
iuous price; and being unable to make any satisfactory arrangement
with our own Banks, those Bonds were hypothecated with the Georgia
Rail Road Bank, by 'which a portion of their amount was.obtained; and
those Bonds being afterwards sold by that Company, without charge,
in Philadelphia and New York, as well as I now recollect, at 73 to 77
cents in the dollar, the balance of the proceeds were promptly paid over
to the Hiwassee Rail Road Company. Of the other Bonds received
from the State, some were disposed of to contractors and others in our
own State at 80 cents, a small amount at 85 cents, some were sold in
the Eastern market at 77 and 78 cents in the dollar, exclusive of inter-
est, due at the time of sale, (the interest being received in specie was-
sold in Philadelphia, for city funds at a premium, for the benefit of the
Company,) 5nd $80,000 of the last Bonds received were conditionally
transferred to the Branch of the Bank of Tennessee, at Athens, and on
which an advance was made by that Bank to the Company. ' The total
amount which the Hiwassee Rail Road Company have realized from
the $357,000 of Bonds received from the State, is $279,288 72, bein^
a loss of $77,711 28; and it is believed those Bonds have been sold,
unless when disppsed of by contract to contractors, on an average at as
full prices as any similar Bonds which have been offered in market.—
How then stands the case between the State and individual stockholders ?
Simply thus, while the State is paying her stock in that which is only
worth about SO cents in the dollar, the individual stockholders are re-
quired to pay, and that too in advance of the State, 100 cents for every
dollar of stock owned by them; and it is respectfully submitted to your
Honorable body whether this does not constitute at least an additional
and strong argument in favor of the application of our Company for fur-
ther assistance from the State. But it may be urged, 'hat in 1837,
when the State became equally interested in certain public works, it
Was generally believed that 5 per cent State Bonds, so far from being at
a discount, would command a premium. This is true, but did the
State intend to propose that this premium, if any, should accrue to the
Internal Improvement Companies for whose bent fit the Bonds might b<?
issued ? Certainty not—for the Legislature, iciih an eye single to thai
very mutter, provided bv the 5ih section of the Bank and Internal In)-
provement Law, passed 19th January, 183S, that the Bonds of the
State issued to Internal Improvement Companies, should be turned
«ver to the State Bank with authority to dispose of the same, and ex-
pressly directed that any vremhim for which those Bonds might be sold
142
should "mureto the benefit of the State;" but if after retaining them
.three months, the, Bank could not dispose of them for a premium, then
they were to be turned over to the Company for whose benefit they
were issued. Thus it is evident that the Legislature believed, at the
time it was agreed that the State should become an equal partner in,
certain public works, if she paid her subscription to the companies di~
rectly in State Bonds, she would be virtually paying more than she
agreed to pay, and therefore carefully provided that the profit or bene-
fits arising from the sale of her Bonds should "inure to the State " and
not to individuals. But the state of the case being now reversed, her
Bonds being at a heavy discount instead of a premium, she actually
does not contribute, as she virtually promised to do, dollar for dollar
with her individual citizens with whom she is jointly and equally con-
cerned in the construction of public works. In addition to this it may
be remembered that the State has not only a lien on the property of
individual stockholders to secure the payment of their stock, but the
profits which may arise from their investments are subject to be appro-
printed to the payment of the interest on the very Bonds issued by the
State, in payment of her stock, provided the State Bank shall be unable
to meet it. But the Bonds, whether good or bad, are the kind of pay-
meats stipulated on the part of the State, and a Shylock would stick to
the contract and take, not only the pound of flesh, but the blood also;
but a patriotic and enlightened Legislature, such as your honorable
body, will doubtless take a more liberal and equitable view of things.
These statements are not made by way of complaint, or with the view
of presenting claims against the State, but simply by way of argument
to sustain the petition of the Hiwassee Rail Road Company, for addi-
tional aid in the prosecution of their enterprise; for hard as the contract
between the State and that Company may be, and subject as her Bonds
are, and will probably continue to be, for some time to come, to heavy dis-
counts, they candidly stated m their memorial that the Company was
too poor to complete their work without additional assistance from the
State; and \vithoiit this outlet for her products, East Tennessee must
remain poor, dependent and depressed.
In reply to the 11th interrogatory, I remark, that the Hiwassee Rail
Road Company, having become satisfied of the propriety, not to say
necessity* of manufacturing their own Rail Road Iron, have recently
commenced the erection of an establishment on the Hiwassee river, in
the immediate vicinity of their road, and in the midst of immense beds
of iron ore, for that purpose; but distinctly state, that they do not now
nor ever have owned a steamboat—fliat they are not and never hare
been engaged"in any other work or works or business, than the construe-
tiOn of said road." The original estimated cost of the iron works pro-
prosed to be built by ihe Company was $55,000, but, for reasons which
will hereafter be shown, the rolling mill part of the works having been
dispensed with, the remainder of the establishment will, it is presumed,
cost less than one half that sum. The "authority" for the erection of
iron works is derived from the charter of the Company. On this sub-
ject there was neither a desire nor was there any necessity for conceaL
inent. Conscious that they were ~ >
143
power, but that they were about to exercise that power for the benefit
of the State and the individual stockholders, and without detriment to
a single individual, the whole subject \vas laid before the public by the
directory, in the publication of a report, I had the honor to submit to
them in April last, a copy of which was laid on the table of the members
of the present General Assembly. As the right or "authority" of the
Company to manufacture their own Rail Road iron, is there fully stated
and explained, I will take leave to submit an extract from the report,
-as it may have escaped the notice of your honorable body.
"The right or constitutional power of the Company to make their own
iron may possibly be honestly questioned by those who have not care-
fully and dispassionately investigated the subject; and while it may be
my duty briefly to advert to the question, I must be distinctly under-
stood as disclaiming any wish or intention of entering into any contro-
versy on this or any other subject connected with the road. But as like
all other public works it is more or less dependent on public favor, the
community have a right to know the reasons by which tfie Directory
:are actuated in every prominent meashre connected with the improve-
ment over-which they have the supervision. In examining the written
constitutions of different governments, by which the lives and properly
of the citizens is protected, we will perhaps not find a single one in
■which all the powers intended to be delegated by the people to their
Tulers are explicitly designated; hence it sometimes happens that it is
only practicable to carry out those expressly delegated by the exercise
•of incidental powers, or such as necessarily grow outof those expressed".
This is emphatically true in relation to our government. Thus the
power which is delegated to Congress "to lay and collect taxes, duties,
&c." and "to establish Post Offices and Post roads," necessarily carries
with it the power to appoint individuals to collect those taxes and to
preside over those Post Offices. Congress has power "to provide and
maintain a Navy." Now this power can be carried out and a Navy
provided and maintained by contracting with individuals fof building*
vessels, without the Government entering into competition with ship-
builders, and providing her own materials and workmen, and building
her own vessels; and yet this is the constant practice of the Government,
and no one ever thinks of condemning it as an infringement of the Con-
stitution. So likewise is it with incorporated companies; for it being
extremely difficult, if not impossible, to define all the powers necessary
to effect the object contemplated in the act of incorporation, they must
often be left to exercise powers, which,'though not expressly given, ob-
viously grow opt of those delegated; and when such implied powers as
are fairly and legitimately deduced, are exercised for the accomplish-
ment of the object contemplated, and without infringing on the lawful
rights of others, no valid exception can be taken thereto.. Hence we
see companies incorporated to make Turnpike roads, instead of letting
them out to contract, as is most usual, purchasing negroes or liiiing
laboiers, sawing lumber for bridges, breaking rock, and literally making
their own road, because it is most economical to do so. The powers of
the Hivvassee Rail Road Company are not Jess extensive; and it is not
preS irc^Hlp that anv -will nupstirm hpr rin-ht, was she so disposed, to
IU
purchase slaves or procure laborers, and thus complete the grading on
the road. Now if the Company has the power to do one part of the
work necessary to complete a rail road, it would be very strange if- the
same power did not extend to the whole. But fortunately we are not
left entirely to conjecture or inference as to our powers: for in the 13th
section of our charter, we find the following words—"and they may
cause to be made, or contract with others for making of said road or
any part thereof; and they or their agents or tho. e with whom they
may contract for making any part of said road, may enter upon, use
and excavate any land which" may be laid out lor the site of said-
road, or the erection of work houses, engine-arbors, reservoirs, booths,
officers' and mechanics' shops, or other works necessary or useful in the
construction or repair thereof or its works. They may fix scales and
weights, build bridges, lay rails, make embankments, and may use any
earth, ground, rock, timber or other material, which may be wanted for
the construction and repair of any part of said road." Now the obvious
import of this language is, that if the Company cannot construct the
road, or any part thereof, by letting it to contract at fair prices, they
are invested with full powers to do it in such other way as they may
select, provided in so doing they do not injuriously affect the interests of
others: They are allowed to build their own bridges, and to use "tiro-
ber" in their construction; now suppose where the Compauy intended to
build a bridge there was no saw-mill, or if there was, and the "timber"
could not be .had for less thair double the price it might be furnished foi>
could any doubt exist as to the right of the Company to erec't a saw-mill
and cut their own lumber? Iron is an essential item in the consruction
of a i ail way; by the express words of the section above quoted we find
that the Company are permitted notonly to erect mechanic shops or other
works, but to use rock, timber, or other material, necessary for be con-
Btruction of the road; hence the conclusion is-plain and undeniable, that
in tire "works" they are authorised to "erect," and the "material" they
are permitted to "use," they may make "or cause to be made" the iron
necessary for their road. Were the Company about to abandon the
roadr and under their charter to commence the manufacturing of iron for
market, the right to do so might be questioned with spme propriety; but
apprehensions of this kind need not be entertained, either now or here-
after, because in the construction of freight and burden cars and loco<
motives, and in repairs of the road", after it is completed, the Company
will find sufficient employment without engaging in a separate iron bu-
siness "
Of the expediency or propriety of the Company"^ manufacturing their
own rail road iron there can be no doubt. Every effort was made to
procure it in East Tennessee, and after issuing pioposals and advertising
several months, only one offer was made to furnish a small quantity at
$110 per ton; this offer was accepted by the Company, but was sub-
aequently withdrawn by the individual who made ir, and although some
others talked o'f furnishing it at $125 to $135 per ton, yet no tangible
offer was ever made at those or any other prices. Hence the Com-
pany were driven to the necessity of choosing between importing their
^roei from England at a cost delivered on their ro.td, located as vt is far in
145 -
the interior, of $110 per ton, or of manufacturing it themselves. That"
they have acted wisely in adopting the latter alternative will be present-
]y shown from actual estimates or calculations.
It is stated above that the Company had determined to dispense with
the rolling-mill part of their iron works. The reason is this : Experi-
inents were for some time in progress in the State of Pennsylvania in
relation to the cast iron-rail, which, after the most complete and satis-
factory tests, proved eminently successful. Being at all times willing
to avail ourselves of all improvements in the construction Of rail-ways,
particularly where economy would be Consulted in so doing, our Com-
panv determined to adopt the cast, instead of the wrought iron rail, and
our Engineer in chief has projected one which &o effectually combines
strength, durability and economy, that not a doubt can exist that it will
be at least equal to any rail heretofore used in the construction of rail-
ways. It is also stated above that rail road iron could not he procured
in East Tennessee, and that to have imported it from England it would
have cost $110 per ton, or for the whole road $770,000. By erecting
a rolling mill and manufacturing it ourselves, the torought rail could be
furnished at $60 per ton, and thus about $300,000 be saved to the
Company. But by adopting the cast instead of the wrought rail it can
he furnished at $30 per ton, and although the quantity required per
mile will he greater, yet the saving to the Company will be yet more
considerable. To illustrate this position, I beg leave to present the fol-
lowing calculations or extract from a private communication recently
received from our Engineer, J. C. Trautwine:
"I wrote you a few days ago, and hardly expected to trouble you
again so soon; but as I have been able to prepare a statement ®f the
accurate comparative costs of our rail road, with cast and rolled rails,
a matter in which I know you feel a deep interest, I thought 1 would
send you some of the leading items.
Estimate of rolled rail per mile, manufactured by tie Company.
72 tons rails at $60 :::::: $4,320 00
t 12 tons cast chairs at $40, on a'ct of extra trouble, 4S0 00
Cost of rolled iron rails per mile, ; : : : $4,800 OQ
Estimate of cast rail per mile.
110 tons cast rails (no chairs required) at $30, $3,300 00
"Difference in favor of cast rail $1,500 per mile, or on
die entire length of the road, 94^- miles, say : : $141,750 00 •
Besides this $1,500 per mile, there is a saving by
adopting piles and diminishing cost of iron, amounting
to $500 per mile, or : : : : : : 47,250 00
Being an entire saving of $2000 per mile, or on the
whole road $189,000 00
"X wish it were possible for such persons as are opposed to our iron
works to contrast this estimate with' our offers from England and Erst
146
"Tennessee, which you remember amounted to §110 to $125 per toh,
. -making as follows :
72 tons rails at §125, • §9,000 00
12 tons chairs at §40, : : 480 00
$9,430 00
per mile, instead of §3,300 per mile, as for our cast rail. It is true,
had we used English iron, or any other than our own, we should have
used a light rail. But that is a proceeding so entirely at vaiianre with
the results of every day's experience, that nothing but the most urgent
necessity could justify it. But even in the event of our having been
-compelled to adopt a light rail, and imperfect superstructure, the ex-
pen^e would have been greater, considerably, than our pifsent plan
incurs. Our fiat bar, you remember, -weighed 37 tons per mile, which
at §125 a ton, amounts to §4,625 per mile, or §1,325 per mile more
than our cast rail. I see the Eastern papers are praising us liberally for
our efforts to make our own iron, and put an end to our dependnce eon
England for rails. What a pity it is, that while others are applauding
us and the State, on the score of setting a good example, that all those
upon whose fiat the project .depends, should not view it in a favorable
light."
From the above statements it is manifest that by the erection of a
simple blast furnace alone and casting their rails, instead of purchasing
even the jlai bar, the Company would save from a hundred and twenty
to a hundred and fifty thousand dollars; if they adopted and imported
the edge rail, the saving would be, on the entire length of the road, from
four to five hundred thousand dollars. But allow me to add, that there
is not a single rail road company of any magnitude in the Union, or
probably not in the World, which has not its own work, or machine
shops, for the purpose of building and repairing their cars, and some
even for building locomotives, the machinery of which is propelled by
steam. These machine shops are so essential that no rail road com-
pany can dispense with them. Now, our works being located in the
immediate vicinity of the road, is precisely such an establishment or
such machinery as we should erect for the manufacture arid repair of
cars, and repairs of the road, even if we .never made a foot of rail road
iron; and to those uses it will be certainly applied so ^oon as the iron for
the road is completed. In view then, of all these facts, the retaining
several hundred thousand dollars in the country, which must otherwise
be sent abroad for iron—and the immense saving to the State and indi-
vidual stockholders, is not the Company justified in making their own
rail road iron ? Such, and such only, as prefer the sending abroad the
■capital of the counlry to sustain the manufacturing population of other
countries, instead of their own—who desire a continuance of our ruin-
flits and humiliating dependence on England for this indispensable ar-
tide in the construction of rail ways, (I speak respectfully, and certainly
without any personal allusion,) can disapprove of this enterprise of the
JHiwassee Rail Road Company.
In reply to the 12th interrogatory, I distinctly state that the work on
«ur rail road has only in part, but has ^ever been entirely supendecl—»
147
"that one of the contractors for grading a small part of tlie ro^J, may
hare by this time completed his contract, but was working when I left—
that the delivery of timber for the superstructure of the road was but a
'shprt time sinpe suspended—that the bridge across Hivvassee river, has
at no time been suspended, but it is now being vigorously prosecuted—*
that every thing that industry and energy can effect is being done to
erect a furnace and make other preparations for casting our rails—and
that there having been no suspension of the work, except grading, as
much of which has'already been done as should be completed before
laying down the superstructure, consequently no salaries have either
"continued to accrue or been paid when the actual work has been in a
state of suspension." And I will add, that the Engineer corps, which
originally consisted of a principal and four assistants, is now reduced
to a single one, the Chief Engineer, whose services cannot be dispensed
with, while the bridge referred to is being constructed.
In reply to the 14th and last interrogatory, I state that a few appli-
cations have been made by land holders to court for jurors to assess
land damages, but if any costs have been paid by the Company in such
cases, of which I am not now certain, it is very inconsiderable.—
Several suits have been instituted by the Company against delinquent
stoekho'ders, une of which against a stockholder owning the largest
amount of stock of any of those sued, was dismissed by the individual
himself and all the calls due on his stock paid up. The other suits re-
ferred to having neither been dismissed nor brought to an issue, no at-
torneys' fees have either become due or been paid in those cases, nor in
any oilier instance that I have any knowledge of. There is no salaried
attorney in the employment of the Company, but they will be paid for
services when rendered, as other institutions or individuals pay them.
Perhaps I owe an apology for the length ofthis communication; if so,
every candid and liberal mind will find it in the desire, which it is both
natural and proper I should feel, to remove whatever doubts or sus-
pinion's the resolutions or interrogatories I have, in part, attemp'ed to
.answer, might otherwise be calculated to cast over the Hiwassee Ral
iRoad Company.
S. D. JACOBS,
President Hiwassee Rail Road Co,
[Nashville, January f>, 1842.
The undersigned, William Cowan, James W. Netberland, and Jatne1*
'Berry, Commissioners appointed by the Governor of the State of Ten-
nessee, in pursuance of an act passed on the 25th day of January, 1840,
•entitled "an act to repeal all laws authorising the Governor of this
this State to subscribe for stock in any Internal Improvement Compa-
nies, on behalf of the State, and for other purposes," to examine and
inspect the work actually done and performed on the Hivvassee Rail Road
by the actual expenditure of money paid in by individual stockholder*
148 *
?nd the State bonds issued for the benefit of the Company by the State,
have proceeded to perform the duty assigned them, and now report to
the Governor, Comptroller, and Attorney General, that they have exam-
inedand inspected the wotk actually done and performed on said road,
and find thai work has been actually done and performed on said road
to the amount of four hundred and ninety-nine thousand nine hundred
and seventy-seven dollars twenty-nine cents, in survey, location, and
grading, which is completed a distance of sixty miles, measuring bridges,
timbers ibr superstructure, iron and fencing, which we consider 4.0 have
been done at fair and moderate prices, and which has been done by
stockholders in payment of their stock, to the amnunt of forty-seven
thousand eight hundred and sixty dollars, ($47,860;) and by contrac-
tors to the amount of four hundred and fifty-two thousand one hundred
and seven dollars twenty-nine cents, and been paid for by the Company,
and that in executing the aforesaid work, there has been an actual ex-
penditure of money paid in-by individual stockholders and State Bonds
heretofore issued for the benefit of said Company, the sum of five hun-
dred and twenty-seven thousand and fifty-five dollars thirty-nine cents,
nf wiiich the sura of two hundred and sixty-seven thousand and fifty-
five dollars thirty-nine cents has been paid in money, except the sum of
forty-seven thousand eight hundred and sixty in work, as above stated,
by the individual stockholders, and two hundred and sixty thousand
dollars in the Bonds of the State,
The undersigned Commissioners as aforesaid, do further certify, that
in their opinion the work on said road has been done according to the
provisions of the charter of said Hiwassee Hail Road Company.
And they do further certify that they are satisfied from the oath of
S. D. Tacobs, President, and A. M. Coffee, Treasurer of said Compa-
ny, whose depositions are hereto annexed, that the additional sum of
one hundred and two thousand five hundred and eighty-nine dollars ten
cents, has been paid in by the individual stockholders to the Treasurer
of said Company, and that said additional sum has been bono fide paid
in by them, and is intended to be bona fide applied to the construction
of said road, and they do further certify that they are Satisfied that no
fraud has been practised by said Company on the State. And they do
further certify that they have investigated the affairs and accounts of
said Company, according to the provisions of the act heretofore refer-
led to, and find that the capital stockholders amounts to G,500 shares,
or $j50,009, upon which, calls to the amount of 65 percent, or $422,-
5 S.4 10 have been made, and payment made to the amount of $362,-
589 10, leaving a balance yet due from stockholders, on calls already
made, of $59,910 90, and that, the amount of $527,055 39, as above
stated, has bpen expended for survey and location, grading, masonry,
bridges, timber, fencing, iron, printing, postage, real estate, right of
way, salaries, incidental damages, &c., and would add, that on the
location and execution of the work, they find evidence of superior skid
and scientific attainment in the Chief Engineer^ under whose imrnedi-
ate contract and supervision the whole has been performed, and that
*bey believe the institution, in it? various departments, to have been
149
managed prudently, faithfully, and with due regard to economy, to the
interests of the State and individual stockholders.-
VVM. COWAN, >
J. W. NETHERLAND, > Commissioners.
JAMES BERRY, )
Sworn to and subscribed before A. Slover, a Justice of the Peace f©r
McMinn county.
A true copy from.the original on file in my Office,
, JOHN S. YOUNG,
Secretary of Stats.
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SIXTH GEOLOGICAL REPORT
To the twenty-fourth General Assembly oj the State o* Tennessee, made
October, 1S41, by G. Troost, M. D., Geologist to the State, Professor *
of Chemistry,Mineralogy and Geology in the Jfashville University;,
and member of the Geological Societies of France and Germany.
To the General JPssembly of th? State of Tennessee:
Honorable Gentlemen :—Since my last report, 1 have directed my
investigations to Middle and East Tennessee. I had, during last spring,
made preparations to visit West Tennessee, and had actually set Iput
thither, and proceeded as far as the/western extremity of Perry county,
when the weather becoming unfavorable and'the roads impracticable^ I
was prevented from making any observations; My examination of that
part of the State, has, therefore,,been;postponed to the present Autumn.
In my last report, I. gave a general outline of the geology of the vvhqle
State, and elucidated-it by sections and a maps When I wrote that p^rt
of the report, I was not acquainted with the late discoveries, innovations,
and publications in Europe, particularly those of Professor Sedgwick,
and more particularly those of Murchison on the Silurian system. In
this work we find a new arrangement'of! the series of rocks which com--
pose more than three fourths of the Stateof Tennessee, and which have
been described in my fifth report under the following denominations;
1st. Transition, composed' of strata" ol grauvvacke, slate, lime-i
stone and sandstone, alternating with each other, extending from thecul-
minating point of the great Smoky mountain or the State line, to the west
of Kingston, where those strata are covered by the Cumberland Moui>-
lain.
2dly. Mountain Limestone, commencing on the eastern declivity
of the Cumberland Mountain, and forming its ba-^e, making its appear--
ar.ce above-ground about Sparta, and extending thence westward; and
forming the whole of Middle Tennessee, and a small part of the West-
ern District.
3dly. Coal Measures, forming the whole of the Cumberland'
Mountains..
After having pointed out, in my last report, the line of junction of the-
primordial or crystalline rocks in East Tennesse°, I mentioned that the-
country west of the line, which separates Tennessee from the S ate of ,
North Carolina, is composed of grauvvacke,slate, limestone, etc AH
this country, according to the views of Murchison and Sedgwick, be--
longs to a new division, which they call the Cambrian System.-
158
This series of strata contains few organic remains; in fact, I havt
carefully examined, in this respect, the Tennessee strata, and have nevei
discovered any in them. As to the mineralogical characters, by which
this graUwacke series formerly was distinguished, they are indeed vague;
in fact, the characters of grauwacke* could be applied, not only to all
the different strata of sandstone belonging to this series, but also to sev-
©ral rocks belonging to modern groups.
The range of Mountains known by the name of Bay's Mountain—
which extends in Tennessee for about one hundred miles in a north east
and south-west direction through East Tennessee, separating part of
Blount county and Sevier county from Knox county, then traversing Jef-
ferson county, then separating Greene county from Hawkins county, and
forming there the Chimney Top Mountain, proceeding thence in a more
northern direction towards Kingsport, in Sulhivan county, where it runs
for some distance along the Holston river, and terminates in Sullivan
county—I consider the termination of the Cambrian System towards the
west. This System commences, as already observed, about the line
which separates the State of Tennessee from North Carolina; and, as
mentioned in my preceding reports, is also, with a tew exceptions, the
line of separation between the transition and primordial strata. It runs
sometimes a few miles into North Carolina; sometimes penetrates, for a
few miles into Tennessee, forming the great Uriica or Smoky Mountain,
Bald Mountain, and Iron Mountains; but the culminating ridge of this
Mountain chain is mostly composed of the Cambrian rocks, while south
of it the chrystalline or primordial rocks are found.
Leaving this ridge in a north or rather northjwest direction, we have a
series of slaty rocks, containing here and there chlorite, passing intotal-
cose slate—or into quarfzite. This series seems to be equivalent to
Sedgwick's lower Cambrian series; some extensive strata, mostly of
brown, or reddish brown, fine grained limestone, occur occasionally in
this series; such a stratum is seen about five miles west from the primor-
•dial rocks, crossing, near the Warm Springs in Buncombe county, fhe
French Broad river. We have then a series of strata of slates and sand-
stone, and about 4 or 5 miles west of Newport, a limestone stratum ap-
ppears again, extending through Cocke and Sevier counties, parallel to
the above-mentioned high chain. I suppose the lower Cambrian System
terminates there.
Upon the lower Cambrian rocks follows another series. It is com-
posed of roofiing slate, glossy aluminous slate, and sandstone. A ridge
of fine roofiing slate crosses Sevier county I believe that this series
commences with Star's, Tellico, and Chilkowee mountains in McMinn,
Monroe,-and Blount connties, ranging parallel with the great Smoky
*Geologists will rejoice that henceforth the name of grauwacke will bedoome
to oblivion. This word was in geology, what the words spar or spath, and schorl
two words of German origin, were in mineralogy. These two words engrossed
almost every thing in the mineral kingdom: all the minerals that had a camellaf
structure was spar. The Diet, des Sciences Nut. enumerates 73 kinds of spars.—
The name of schorl was applied to every thing crystallized in prisms: the same
work has 40 kind of-schorls. The latter word is at present pretty well forgotten,
but the word spat has even been extended by Mohs, and his English and American
followers.
1ST
Mountain, extending in a south-eastern direction through Sevier county.
It have not been able to trace it farther to the north-east. This series
seems to be equivalent to the middle Cambrian.
These series of rocks terminate towards the north in the above-men-
tioned range, called Bay's mountain. This whole chain is composed of
sandstone, in which I have never discovered any organic remains—it is
generally of a gray color, and of a pretty 'fine grain. I have not been
able to decide whether it belongs to the upper Cambrian System, or
whether1 it must be considered as the old red sandstone. All the above-
mentioned strata are much inclined, approaching to the vertical.
North of the above described series, we come to a system of lime-
stone strata, in which the organic remains become more ahd more abun-
dant. The first well determined fossil that I found north of Bay's moun-
tain, on the right bank of Holston river, at Kingsport, is a species of
EuomphaluSy first described by Lesueur under the name of Maclurites,
which he found near Lake Superior. These strata of limestone are still
more or less inclined, but now approach to the horizontal, and become,
very soon, entirely horizontal.
I consider, as stated above, that Bay's mountain forms the upper part
of the Cambrian System—or, that it perhaps belongs to the old red
sandstone—that thence towards the north of that mountain chain, another
formation commences, which is the Silurian System of Murchison, and
extends northward as far as the line which separates this State from Vir-
ginia—in fact, it continues into that State. 1 have not yet carefully ex-
amined the mountain range which runs parallel to the Bay's mountain,
and which seems to originate in Knox county, and extends through Grain-
ger and Hawkins counties, the principal ridge being known under the
name of Clinch mountain. It isgenerally composed of sandstone, bull
am not prepared to say whether it belongs to the coal measures or to
the same formation as Bay's mountain; part of it, particularly in the vi-
cinity of Lea's springs, where the glossy aluminous slate prevails, does
belong to the Cambrian rocks. In the latter case, the above-mentioned
Silurian strata of limestone, rest upon the strata which compose Clinch
mountain; and in the former case, that is,-if Clinch mountain belong to
the coal measures, it must cover these limestone strata.
I have not yet been able to determine to which of the divisions form-
cd by Murchison in \x\» Silurian System, the stiata,.which prevail through
the above-mentioned part of East Tennessee, belong. There is no doubt
but that they form the lowest division of that System m the State of
Tennessee; but I am uncertain whether they are equivalent to what Mur-
chison calls Llandeilo flags.
The Cumberland Mountains, which traverse the State of Tennessee
irr a south-west and north-eastern direction, overlay the strata of East
Tennessee. This whole System, composed of several subordinate ran-
ges, as Crab-orchard mountain, Walden's ridge, Brimstone mountain, etc.
is composed of coal measures. I am not prepared to say, whether the
limestone which is found near the Crab-orchard, and which is distinctly
separated from the coal sandstone by which the limestone is covered,, or
the limestone which is visible immediately on the western declivity of
the -Cmr.beiland mountain, belongs to the caibonifircus limestone or to
158
the Silurian System. B ut the limestonein the Sequatchy valley, undoubt"
edly belongs to two of the Silurian divisions—the south-eastern part to
the one tliat prevails in East Tennessee, and the north-western part to
that which prevails in Middl eTennessee so that the junction of two di-
visions of the Silurian in Tennessee, takes place in this Valley, and ex-
lends farther under the Cumberland Mountains,
Towaids the west of the -Cunibpiland Mountains, we have another
division of the Silurian System. But I am as yet undecided in what di-
vision to place the strata which lie immediately west of these mouutain?.
They are very well developed east of Sparta, in White county, and ai
several other places below the .western declivity of the Cumberland
Mountains. These strata are principally limestone, and wherever I have
found them, undei lay the coal measures. I found them no where alter-
natieg with the coal-measures; nor with the limestone of Middle Ten-
nessee, which indubitably belongs to one of the divisions Ofthe Silurian
System. This limestone has generally an oolitic structure; is character-
lzed by Pentremiies, and is covered by siliqeous strata.
These oolitic limestone and siliceous strata rest upon another division
of the Silurian System, more generally known under the name of moun-
tain limestone. It extends over the whole of Middle Tenuesi-ee, to a
few miles east of the Tennessee river, as may be seen in Perry county,
where another division of the Silurian System makes its appearance,
and this division is lost under the cretaceous strata, which make their
appearance about ten miles west of the Tennessee river, in Peiry coun-
t?'
I have thought it necessary to give this brief view of the general ge-
ological features of the State of Tennessee, according to the most re-
cent and philosophic innovations in geology, having in my forme reports
described our State according to the System of Transition and Moun-
tain limestone, that then obtained. Tennessee, perhaps more than any
other State, displays various divisions of the philosophic system introdu-
ced by Murchison a nd perhaps no body has collected so many mate-
rials to identify our strata with those of the European Silurian, as I have
icollected in Tennessee. When I shall give a descriptu n of c ach county
in particular, I expectto be able to show in what division of this fcystefa
each must be placed.
It will not, I suppose, be considered superfluous to enumerate and de-
scribe a few fossils which have enabled me to determine t e c. tegory to
which the above described strata belong; it is only by their aid, that we
can identify our strata with those of Europe.
So far as I have been able to decide, three, or perhaps four d visions
of the Silurian System of Murchison, occur in Tennessee. The lower
division is found between the Bays and Cumberland Mountains, and is
characterized by a fossil which, as observed above, was first discovered
by Lesueur near Lake Superior, and described by him as Maclurites, but
which properly belongs to the genus Euomphalusof Sowerby; and if I
am not mistaken, has been mentioned somewhere by Brongniart, as:
euomphalUs maclurii.
This, as already mentioned, is the first well characterized fossil we
meet with in the lower division of this Svstem 1 sav rimnr-if-
1T>9
ized fossil, because this limestone contains several olher fossils, but they
are so intimately incorporated with the rocks in which they are epbed-
ded, that it is impossible to decide to what genera they belong, Some
fossils, nevertheless, which are always reco0nuable in whatever state of
-mutillation, show that some Species of Oithccera are amongst the num-
her. Another well preserved fossil is
LITUITES MURCHISONI NQE1S.
This fossil differs from L. convolvens Schloth. in which the section of
the convolutions is transversely elhpt cal, (see Bronn Lethasa Geognos-
tica pi. 1, fig. 3,) whereas, in the L. Murehisoni this section is circular,
-which makes it specifiically distinct from L. convolvens; and I dedicate
it to him who has spread so much light upon 1he formation in which I
have discovered it. My specimen seems long, being more than 5| inch-
es in diameter. I found Only one specimen in Washington county.
As already observed, in proportion as' we leave the Cambrain rocks,
the fossils become more abundant, consisting mostly of zoopbites; in
some places the limestone strata, as the marble which is worked at Rog-
ersville in Hawkins county, is entirely composed of them, but it is im-
possible to determine the genera or species to which they belong.
The next division occupies the whole of Middle Tennessee. It is
-composed of numerous strata of limestone, differing in texture from
compact to coarse granular—and in color, from ash-gray to blackish-
gray and almost black—some of them are nearly pure carbonate of lime,
others are very argilaceous, having even an earthy smell when moistened,
some having a marly appearance, are very subject to disintegration—
while others are not sensibly acted upon by atmospheric agencies; some
are without any organic remains, while others again are entirely made up
Of fossils. I consider this heterogeneous Series of strata as belonging to
one formation, because I have seen them alternate one with another, and
have often found the same organic remains in strata which were separa-
tfed from each other by several strata, diffeiing in texture and color.
The fossils which I have discovered in this series are:
CRUSTACEA.
Gytherina Calthia? Hisinger Lethaea Svec. tab. I, fig. 2.
Davidson county.
Galymena Blumenbachii Brongn. Same locality.
Isotellus gigas Dekay. Nileus gigas Dalm. Asaphus gigas Brcna.—• •
Middle Tennessee.
planus Dekay. Davidson county.
MOLUSCA.
Bellerophon Nasheillensis nobis. Davidson county.
acutus? Murchison, Middle Tennessee,
several undetermined species. Middle Tennessee.
Lituites.
Polycrinites Haanii nobis. Davidson rnn~*~ and Ohio State.
ica
©rthoceratites duplex?
Conotubularia Cuvieri,
Goldfussii.
Brongniarti.
Phragmoceras ?
Cyrtoceras capricornulus nobis.
undetermined speCieg
Conularia quadrisulcata Sow.
Gonialitqs—new species.
Trochus-—undetermined species.
underte.rmined species.
Euomphalus—two new species.
Solarium Leaii nobis.
two new species.
Inachus ? Hisinger.
Turbo bicarinatus not of Vahlenbeig.
Turrittella cingulata Hisinger.
-obsoleta.
Modiola antiqua ? Murch.
undetermined species.
Venus ?
Lardium alaeforme.
elongatum Sow
Leptsena rugosa Dalm.
depressa Sow.
sericea.
several undetermined species.
Trigonotreta speciosa Schlot.
ostiolata.
testudinaria.
aperturaia.
1. Cyrliagigas nobis.
Gypidia laavis Dalm.
Terebratula reticularis Dalm.
several new species ?
Pinna—new species.
ECHINOEERMATA.
Asterias antiqua nobis.
ZOOPH1TES.
Siphonia.
Catenipora escharoides Lara
labyeinthica Goldf.
Synngopora.
Favosites GothlandicA
basaltica.
spongites.
Heliopora interstineta Br«a .
Davidson county
same locality.
u
«
u
C(
((
(i
Middle Tennessee,
same locality.
n
n
White county.
Davidson county.
Middle Tennessee.
Smith county,
same locality
a
a
u
a
ti
Davidson county ^
tt
«<
«(
♦<
It
<<
Davidson county.
Middle Tennessee
same locality,
u
Davidson county
Kt.i/Lilo rTAnri«ccr>£<'
161
Columnaria Sulcata.
alveolata.
Turbinolia mitrata.
cuiieata.
Cyathophyllum vermiculare.
Strombodes plicatus.
Ecbaria ovatopora nobis,
reticulata nobis.
Fucoides ?
Tentaculites.'
Observations on the above enumerated Fossils.
1. I noticed this fossil in my last report under the name of Spirifer
Cuspidatus Sow. because it resembles, more or less, the figure of that
fossil in the JLTanual of De la Beche. I am now convinced that it
cannot be the S. Cuspidatus; it must belong to the genus Cyrtia
Dalm. having the deltidium and area characterizing that genuS. This
deltidium, from its base at the hinge to its apex at the beak, is about
two-inches. The area or hinge is upwards of four inches in length;
It is longitudinally ribbed, ahd resembles somewhat in figure the cal-
ceola heteroclyta Defrance. I believe it is the largest known of that
genus.
2. Pinna. I doubt whether any species of the genus Pinna have
been found in any of die old strata in Europe. In Middle Tennessee,
parts of an undeserved species of the genus are found in the silicious
stratum, which is separated from the great series of limestone strata
by a stratum bf Aluminous slate. This silicious stratum extends in
some places for miles without any fossil being discovered in it; in oth-
er places it is entirely made up of organic remains, amongst which
gorgonia andqua prevails. I have also found in it Trilobites, Leptena
rugosa, wkich shows at once that the stratum belongs to an old series.
I find occurring with the Pinna, pens of echini and hexangular pieces,
as represented by Goldfuss in his figure of asterias quinqueloba. Ac-
cordiizg to Goldfuss, the genus Pinna first makes its appearance in
Eeuper, Lias and Oolite.
Heliopora interstincta Bronn. Porites pyroformis Ehrenberg,
Astrsea porosa Goldfuss. This coral is of rare occurrence^ in Middle
Tennessee ; I found only one specimen on the bank of the Cumber-
land river; but it characterizes eminently one of the marly limestone
strata in Perry county, which belongs to a more recent division of the
Tennessee Silurian. I have collected specimens there of all ages and
shapes, some almost globular, others elongated, and others again dish-
shaped.
It seems as yet not exactly decided amongst Paleontologists, to
what genus these fossils belong. Those found in Tennessee, coincide
pretty much with the description given by De Blainville of the genus
Heliopora, (Manuel D'Achnologie, page 392,) except that the pores in
the interstices of the round semi-lamellated tubes are, in our speci-
mens, perfect capillary tubes, furnished with transverse septa; these
tubes differ from those of the Astrma poro j from Eifel, of which I
have a specimen in my Cabinet. In the specimen from Eifel, the
162
pores are exhibited on the surface as small and round points; in the
Tennessee specimens, the pores are angular.
It seems to belong to two divisions of the Silurian in Tennessee.
In England, it occurs in .Middle Ludlow Rock, Wenlock limestone and
Caradoc sandstone.
A third division of the Silurian System is particularly developed in
Perry county, east and west of the Tennessee river. It is composed
of strata of red, gray and brown granular limestone, the upper part
consisting mostly of strata of earthy or marly limestone, which easily
disintegrate, and contain a vast numbe;r of fossils, amongst which arc.
many that are new. Those which I consider as characteristic, are
crustacea.
Calymeua Blumenbachii.
non-determined.
Asaphus megalopthalmus nobis.
— Hausinani.
gemmeliferus.
1. caudatus ?
molusca.
Orthoeeratites Defrancii nobis.
2. regularis.
•3. Spirula Mortonii.
Terebratula Wilsonii,
aspera.
Leptena depressa.
Trigonotreta oblata,
Calccola saudaliua.
Delthyris cardispermiforrnis.
4. Atrypa galeata JDalm,
Avicula reticulata.
Natica—N. Sp.
echinodermata.
Pentremites Reinwardtii,.
Verneuili.
Eugeniacrinites mispiliformis.
5. Echinodermata.
zoophites.
Tragos capitatum.
Achilleum fungiforme ?
Cheirotonum.
Cnemidium rimulosum.
0. Oyathophyllum ceratites.
7. Limaria clathrata Steininger.
8. Tennessise nobis.
Heliopora interstincta.
Aulopora serpens.
9. Caryphyllia cespitosa.
10. Cystiphyllum.
Catenipora labyrinthic:..
meaudrina nobis.
163
Favosites favosa.
Basaltica.
Alveolaris.
11. Spongites.
Flustra.
13. Fucoides ? Adorica foleacea ?
Observations on the above enumerated Fossils.
1. Asaph us caudatus ? Brongn. It is very uncertain whether this
trilobite is A. caudatus of B.' I give it for the present this name, be-,
cause the caudal portion is terminated in a tail which, in my specimen,
is bent upwards, and the central lobe furnished with tnbercules.
2. Orthoceratites regularis. This orthoceratjtes occurs in Several
places in Perry and W ayne.counties, neap the Tennessee river. It re-
sembles the 0. regularis as described by Brohn (Lethsea Geognostica,
p. 100, tb. 1, fig. 10,) the size is not mentioned by that author; those
found in Tennessee are long and slender. I have one' which is., about
two feet long, and its two extremities being wantiug, it must have
been much lo.nger when alive—the diameter of the upper end is 31
inches, that of the lower 1 3-5; in these two feet are forty septa, so
that each joint is 3-5 of an inch long. The syphon is central. It is
mentioned by Broun and Hisinger, that this syphon has a very small
diameter, (filiformis)—the syphon in my specimens is small, but not
filiform—where the diameter of the shell is 1 1-5 inch, that of the
syphon is 3-10 of an inch ; the convexity of the septa is very greah
3. Spirula Mortonii. Under this name I have enumerated, in my
preceding report, a fossil which I ^discovered in a marly limestone in
Perry county. I am uncertain whether it is really a spirula, since r
have learned that the syphon is always dorsolateral; Bronn say.,,
(Lethsea Geogn. p. 103,) "die nervenrohre, wo jchre lage bekannt,
fast immer am dorsal-rande befindlicli ist." In my specimen, the sec-
tion of the convolutions is transversely elliptical, and the syphon een-
tral. I have another species, differing in several particulars from the
S. Mortonii, and which has its syphon dorso-lateral—the latter occurs,
also, in Perry county, but more abundantly uear Columbus, Ohio.
4. Atrypa galeata Balm. This fossil characterizes the marly lime-
stone of Perry county, particularly on the western hank of Tennessee
river; and I found-severalsingle valves of them. These valves show
that they do not generically differ from Gypidia conchidilun Dalm.
Pentamerus Sowerb. according to Hisinger, (see Lethaea Svecica p.
74,) the generic character which separates Gypidea from Arrypa is
"sub rostro c.atiali triangulari instructa, intus bilocularis, dissepimenfo
longitudinali." Now, the Atrypa galeata found in Perry county,
when the two valves are connected, coincide exactly with the figure
and description of that fossil in Kissinger; (p. 76, pi. xxii, fig. I,) but
when We examine the interior of the shell, then, we find in the larger
valve the triangular channel, (" canali triangulari,") and the septum
which runs longitudinally through the large valve; (dissepimenfo Ion-
gitudinali;) it differs only from the Gypidea in its proportions—the
triangular, or rather, rhomboidal channel, in our specimen is small, but
164
it commences on the beak and terminates at the septum; whereas, in
Gypidea, this channel is long.
5. Echinodermata. 1 have discovered many fossils belonging to
crinoidea, in Tennessee; amongst which, are a number of new generk
and species. These cannot be described without figures, and conse-
quently they are not enumerated in this report. I am now preparing
a description of them, which will be published with figures, in some
scientific compilation.
6. Cyathophyllum: Lonsdale says, (see the Silurian System, by R.
S. Murcbison, London, 1839, p. 690.) " Only those turbinated corals,
which present a central structure resembling the chambers of the
Nautilus, have been placed in this genus," I had supposed, that our
Silurian rocks were very rich in Cyathophylla, but if we adopt the
characters mentioned by L., they contain but few Cyathophylla. The
central, horizontal laminse, exist in only a few ; those that I had con-
sidered as belonging to the genus Cyathophyllum, have vertical iami-
lice, originating in the very centre of the fossil. It is true, they resem-
hie, in this respect, the Turbinolia and one of the distinguishing char-
acters of that genus, namely, the small projections or turbexcules on
the la minus of the Turbinolia, are visible on some Cyathophylla. This
uncertainty has, as yet, prevented me from investigating thoroughly
these fossils. I.am very much inclined to adopt the division made by
Hisinger, in his Lethma Svecica, p. 100, et seq. where the genus Cya-
thophyllcun of Goldfuss, is subdivided into Turbinolia, Caryophyllia
and Cyathophyllum ; amongst the Turbiuolia, he places the Cyatho-
phylhuii cerastites Goldfi, though its section shows the horizontal la-
mince. (See pi. xvii, fig. h.) Steininger (t.em. Soc. Geol, France, vol.
1, 2d part, p. 344,) places amongst the Turbinolia, the Cyathophyllum
Turbine turn, Goldf. C. lielianthoides, fig. 2, a—h, Goldf. C. flexuosum,
Goldf. in the genus Caryophyllia, c. quadrigeminum Goldf. C. helian-
thoides, fig. 2, i, k, Goldf. C. hcxagonurn Goldf. he places in the genus
Astra? a.
My collection of them is pretty numerous—having been procured,
some near the falls of the Ohio, but most of them in Perry and David-
son counties.
In my preceding Report, page 61, I have enumerated the Cyatho-
phyllutn plicatum, lielianthoides, exentricum, vermiculare, all of Gold-
fuss and 0. gracile nobis; hut several others occur in Tennessee, in
toe Silurian rocks.
7. Limaria clathrata Steininger. Mem. Soc. Geol. France, vol. 1,
p. 339, pi. xx.
Madrepora repens nobis, 5th Report, p. 64.
I desenbed this fossil, in my preceding Report, under the name of
Madreopora repens, a name under which it was described in the cata-
logueof iny Cabinet ten years ago. Having since become acquainted
with the labors of Steininger, published in 1834, and those of Murchi-
son, I find the same described under the above-mention^ name ; I
think it very proper, therefore, to separate it from the genus madrepo-
ra, in which I reluctantly placed it at first.
In my specimens, this coral is spread over rocks, which seem entirely .
165
Composed of fragments of fossils, or over zoophiles. I possess one
specimen, having a reticular expansion of about four inches square,
which spreads over the inferior surface of a Favosites gothlandica;
another, over F, polymorpha. It is not uncommon, to find this coral
attached to the lower surface of these fossils. I never saw it on the
upper surface; Steininger says, "Elles (Limaria) sont des deux cote
du reseau garnies de pores, ce qui prouve que ces polypiers n'etaient
point encroutans, ainsi que leur adherence au calcaire pourrait le faire
croire;" if such were the case, the Favosites must have attached it-
self to the Limaria.
They occur, as mentioned in preceding Report, near Brownsport,
Ferry county. For foreign localities, Wenlock; limestone Dudley,
Wenlock, Ledbury, etc. Murchison—Eifel Steininger.
Limaria fruticosa Steininger.
Branches of this species, not forming reticular expansions, are often
found on slabs of limestone at the same locality.
8. Limaria Tennessee nobis.
The branches of this Limaria have only one-third of the diameter
of the preceding species; this cannot be attributed to accident or qge—
it must be a permanent character, because, if they increased with age,
the meshes, formed by the junction of these branches being very small,
would disappear, and form a solid incrustating expansion.
9. Caryophyllia cespitosa Steininger, Mem. Soc. Geol. France, vol.
1, p. 342.
Lithodendrum cespitosum. Goldf. tab. xiii, fig. 4, The fossil which
I consider, for the present, as Caryophyllia'cespitosa, resembles, in se-
veral respects, the figures published in Murchison's Silurian System
and Goldfuss' Icones, it being composed of radiating laminse, having
a striated surface, and composed of branches; but the mode of in-
crease or re-production is not represented in the figures of these au-
thors. In my specimens—and I have examined a great number—the
young individuals originate invariably from the terminating cells,
whereas in the above-mentioned figures, the'branches dichotomise at
Undetermined intervals; not one of these sub-divisions takes place in
our fossil, but the prolification from the terminating cells (as observed
above) is numerous, giving often four lateral sprouts from one cell,
while the central one sometimes continues. In this respect, our fossil
approaches to the Cyathophyllum, if this genus was not now charac-
terized by transverse septa, as in the Nautilus—but this seems also to
be the case in fig. 7, pi. xvi of Murchison, though nothing is mentioned
of this structure in the description of it.
The C. cespitosa is often accompanied by a fossil which resembles the
Achillum, and no figure could be made of it which would represent it
better than that of Achilleum cbeirotonum Goldf. (See Icones, pi. xxix.
fig. 5,) but I have already observed in my preceding Report, (seepage
60,) that the internal stricture is entirely obliterated, and I doubt whether
any of the Achilla have yet been found in our Silurian rocks.
10. Cystiphyllum—Lonsdale.
The generic characters ot the Cystiphyllum, as laid down by Lons-
dale, (Murchison Silar. Sys. page 691,) are ''Turbinate, or cylindrical,
166
fixed, single, or united in groups by secretions from the«animal while liv-
ing. Externally, siiia'ed; inteinally, composed of small bladderlike
cells. No distinct centre. Terminal cup deep, surface uneven conform-
ing to the shape of the cell, and traversed by interrupted striae.
Cystiphyllum eyliiidricum Lonsd.
Irregular conical, fixed, furnished with rpots when young ; at an ad-
vanced age, cylindrical, straight or curved ; externally rugose and stria-
ted, internally, wholly vesicular; terminal cup (not deep in our speci-
mens,) surface large, proturberances traversed by dotted rays ; no dis-
tinct centre.
The specimens in my collection are of various sizes, from young small
cups, to the size of 7 inches. They are all silicious,-and when the ex-
teinal suifaceis worn off, they have an appearance as if they were com-
posed of cones thrust the one into the other ; on the external surface of
which, the above mentioned vesicular structure is plainly visible, in fact
the tubercules or protuberances mentioned, produce this vesicular struc-
lure
They are rare near Harpelh river, Davidson county, and in Perry
county—more abundant at the Falls of the Ohio, Kentucky. Foreign
localities, England, in the Wcnlock limestone, Benthalledge.
11. Favosites Spongites Lonsd.
Lonsdale in Jiis description of corals,(il/urchison's Siluriam System,
page G84,says : " This fossil is retained among the Favosites, because of
its connecting lateral formina; and because it does not consist of concentric
incrusting layers of short tubes, the essential character, according to La-
marck, of the genus Alveolites. Steininger, on the contrary, speaking of
this genus says : " Ce polypier se compose toujours de couches cellula-
ries dont Tune couvre l'ature, de maniere que le bord de la couche super-
ieure depasse la couche inferieture, el que la partie inferiure du polypier
indique par des rides concentriques cette superposition des couches."
(Steininger Jl/em Soe. Geo!. France, Tom. 1. part 2d, page 336 ) Most
of my specimens of Favosites, belonging to different species, confirm the
statement of Steininger, and these concentric ridges are particularly dis-
played in the F. Sptmgites and F. fibrosa.
12. Fucoides.
The form of these vegetable remains is very beautiful; it is about'3
1-4 inches in length, and 3 inches in width, its numerous ramifications are
spread over the stone in as elegant a manner as the most dextrous bolan-
ist could have fixed such a plant in his hortus siccus. Sometimes the
leaves are single; at other times one is upon several others, but always in
such a manner as to show the perfect figure of the plant, evincing that
it, was in its unaltered state. It shows more or less the shape of the Fu-
coides antiqus -of Hisinger—not being in possession of the works on fos-
sil plants, I am uncertain whether it has been described.
Two other plants, belonging, perhaps, to some other genera, are found
in Tennessee, and consequently belong to a lower silurian division. The
formation of Perry county, above described, is covered towards the west
by a series of rocks belonging to the cretacebus groupe ; it is composed
of ferruginous sandstone without any fossils, green sand, earthy marl,
167
-characterized by fossils like analagous strata, in New Jersey and Mary-
land, and which extends as far west as the Mississippi river. YVheth-
•erthe Perry county strata are to be considered as the superior of the Si •
lurian -divisions in Tennessee, or whether the above mentioned (page —)
oolitic strata are the superior of that system, is a question which I am not
prepared to answer.
This oolitic stratum, and its coeval silicious strata, are well character-
ized by organic remains. The oolitic limestone is principally character-
sized by several specimens of Pentremites—of which the P. florealis and
P. pyriformis are abundant.
It seems as'yet uncertain to what geological epoch the Pentremites be-
longs. I cannot find in the recent woiks on geology in my possession.
Bronn (Lethaea Georgn.) says it occurs in Kohlen kalk—hut what is his
Kohl&n kalk? It include's all the strata between zechstein (magnesian
limestone) and the primordial strata. De La Beche places ft also in the car-
boniferous limestone, but his carboniferous group comprehends the coal
measures, the mountain limestone, part of the transition limestone, and
the old red sandstone. In fact this fossil seems so rare in Europe, that it
cannot be considered there a charterizing fossil.
The Pentremites undoubtedly characterizes the limestone which oc-
curs to the east of Sparta, in White county, Tennessee, that which
forms the superior strata of il/ount Sano, near Huntsville, Alabama, and
at several places in Kentucky. It is at the same time characterized by
its oolitic structure, which is not possessed by any of the other limestone
strata in Tennessee. It is never found alternating with or overlaying any of
the coal strata, It is also very distinct from the lower strata, which are
mountain limestone belonging to the Silurian rocks. The question now
is, whether this oolitic limestone belongs to what Murehison calls the up-
per Silurian, or whether it belongs to the carboniferous limestone men-
tioned by the same author?
That the above described stratum must be coeval with the stratum of
aluminous slate, and with a series of silicious strata by which it is cover-
ed, and. which foims all the ridges and table lands in Middle Tennessee,
is shown by the identity of the fossils which are found in both stratifica-
tions. The fossils which characterize the oolitic limestone are also found
in the silicious strata, while the aluminous slate, which lies between Lhem
is free of organic remains, and consequently these three different rocks
must belong to the same geological epoch.
Besides the Pentremites of which I have spoken above, the oolitic
limestone in Tennessee, is characterized by a genus of fossils which is
very rare in Europe, and very abundant in Tennessee and some other
western States, where the series of rocks now under consideration oc-
curs, namely, by the genus strombodes, which will be described in the se-
quel; these fossils we always find on the tablelands formed by the silicious
strata and in.lhe oolitic limestone; they are always silicious and not only
are the fossils in this limestone silicious, but as 1 have already observed
in a preceding Report, (5th Report, page 7,) the oolitic* limestone is, in
some places, also changed in silex.
As the above mentioned silicious strata contain our most important
168
Iron ores, it is necessary to give a more particular account of it. It
has sometimes the appearance of siiicious compact sandstone, at other
times of chert or hornstone, again at other times of an argillacious
sandstone, assuming here and there an earthy appearance so
as to resemble the- substance used on the continent of Europe, un-
der the name of Tripoly,for the same purpose as in England and in this
country, the ro-ttenstone is used. It is in some places wholly destitute
of organic remains. I have examined it for miles for that purpose,
and found not a single fossil, while in other places the organic remains
are abundant—the whole of the rock being composed of these remains,
consisting generally of gorgonia, syringopora, stronebodes, etc.
I mentioned above that the siiicious strata contained the most inter-
esting deposit of iron ore in Middle Tennessee. I do not consider these
deposits as coeval with the siiicious rock; there is no doubt but that
these iron ores-were deposited posterior to all the rocks in Tennessee
east of the cretaceous strata in West Tennessee or Western District,
and they must have been deposited anterior to the strata of Greenland;
that such is the case is plainly seen near the iron Works of Mr. Va-
leer, in Perry county,where the rocks containing the iron ore are cover-
ed by the cretaceus strata. This iron ore which is composed of the va-
rious species of hydroxide of iron, as brown iron stone, haematite, etc,
is only found in places where the siiicious strata have been disturbed
and broken up—hereby very extensive vacuities have been formed,
which are now filled with a ferruginous siiicious earth, and the above
mentioned varieties of iron ore. This iron ore has an appearance as
if it had filtered from above into these cavities, and exhibits in sever-
al places a stalactical form—the fragments of the siiicious rocks, some-
times only its fossils, being imbedded in the masses of iron ore. The
ore never penetrates the limestone stratum upon which the siiicious
stratum rests. That the Tennessee iron ore is posterior to the forma-
tion of the limestone is shown more clearly in East Tennessee, in one
of the ore banks of General Carter, in Carier or perhaps Johnson coun-
ty, in Shady Valley. As already mentioned in the preceding pages,
the formation of the limestone strata of that part of Tennessee is ante-
rior to that of the strata of Middle Tennessee, and coeval with the
strata of slates, etc., belonging to the Cambrian rocks. In this lime-
stone I never found any traces of organic remains. It would seem
that these limestone strata in East Tennessee, have been exposed for
a great while to the action of currents of water, whereby they have
been cut up in every direction, forming furrows and channels and con-
sequently elevations in ridges, cones and pyramids of more than six and
eight feet high and of various diemensions, having all rounded edges,
angles and summits, and showing unequivocally traces of the action
of water ;• in this State they have been covered with iron ore. When
the workmen arrive at this limstone, they go no deeper, and it is by
their operations that these water-worn rocks have become visible.—
The iron ore of Shady Valley is similar to that of Middle Tennessee;
so that it seems that the Cambrian rocks of E. Tennessee were exposed
the same circumstances as the upper Silurion rocks of Middle Tennes-
see, and that during the long interval between the Cambrian period
169
and ths upper Silurian deposits in Middle Tennessee, no depositions
have fitken place in East Tennessee, and that these depositions have
re-conimenced with the period, of the formation of the iron ores in
Middle Tennessee.
As I have observed above, the latter strata are charactized by fos-
sils, and some of the in seem to characterise the Silurian system—the
most interesting of them are :—
Pentremites.
Gorgonia mfundibulifcrmis.
antiqua.
Syrnigopora ramulesa, Goldf. near Eddyville.
St.ro mbodes.
Bellerophon hiulcus.
Observations on the above enumerated Fossils.
Strombodes pentagonus Goldf
The characters of the genus Strombodes are : calcareous- polypa-
rium, composed of conical stellated cells constructed of parallel verti-
cal lamellae proceeding from the centre, from which rises an inverted
cone. These cells stand parallel and vertical one next to the other, and
are by the junction of their expanded border connected in horizontal ex-
pa'nsions, from each of which shoots up a second and third conical cell,
having all the same height. As the broad borders are likewise in con-
tact with each other, the coral assumes the appearance of a horizontal
series of small vaults, supported by columns transfixing all the lamellae.
To these characters Lonsdale adds: "The centre consisting not of
transverse plates, resembling the cepta of a nautilus, or of bladder-
like cells, but of lamellae contorted spirally." [Murchison Silur. Syst,
page 691.] And he places in this genus the Cyathophyllum plica-
turn of Goldfuss.
If the above stated characters constitute Strombodes, a genus which
seems to be very rare in Europe, [Bronn and Goldfuss mention only
Drummond's Island, in Lake Huron, as a locality where it occurs,]
they are applicable to an extensive and interesting series of Western
fossils, emineutly characterizing, not only some of the superior strata
of Tennessee, but extending from Lake Huron to Alabama. Les-
ueur and myself found this fossil in 1825, South of Merrimae river,
in Missouri; this Naturalist, conceiving some resemblance between
the spiral elevation of the centre of the cells of this fossil and that of
the genus Stylina of Lamark, considered it as Stylina, and I have' of-
ten in my writings mentioned it under that name. But having since
become acquainted with the works of Goldfuss, Brown, Murchison and
others, and having found a water-worn specimen, which happened to
be exactly like that figured by Goldfuss, under the name of Strom-
bodes pentagonus, I have no doubt that all these supposed Stylinse be-
long to the genus Strombodes.
Several well determined species of this genus occur in Tennessee
and the adjacent States, Alabama, Kentucky and Missouri, in fact I
do not know any genus which occupies so extensive a geological range
in the United States. It is not only abundant, but the varieties inci-
dent to its growth are numerous. Large masses of it are found, and
in a good state of preservation, I have one which is about 2 feet in
170
length and recollect having seen a mass of it projecting from the roof
of a cave through which runs a fine stream of water, near Eddyville,
Kentucky, which I believe is about five feet square. I possess sever-
al species of this coral which I should have described if it could have
been done without plates.
SEVIER COUNTY.
Sevier county is, in a geological point of view, pretty much the
same as Cocke county, of which I gave a description in my preceding
Report. The southern part of it. is very mountainous, and terminates
in the high ridge called the Great Smoky mountain, which forms the
state line between North Carolina and Tennessee. The mountains in
this part are rather more precipitous and craggy than those of Cocke
county; they contain fewer table lands, and belong to what modern
geologists call the Cambrian System, composed of highly inclined,
and sometimes vertical strata of various kinds of slate. Amongst
these slaty rocks, are some which contain pyrites, which is very mi-
nutely dispersed through them, so as to be imperceptible to the eye,
and renders them susceptible of decomposition; in fact large tracts of
them are decomposed to a great extent. These rocks show, for sever-
al miles, decomposition, being worn out in the most fantastic manner,
sometimes forming rock houses, (as they are called there) at other
places they are perforated by holes twenty or thirty feet wide; at oth-
ers, again, they exhibit the appearance, at a distance, of the ruins of
old feudal castles. It is in these rock houses that the materials for the
fabrication of alum, Epsom salts, and saltpetre are now found. The
above-mentioned slaty rocks alternate with various strata of sand-
stone or grauwacke. This series, which forms the most moun-
tamous part, terminates in a stratum of roofing slate, about ten miles
north of the Smoky mountain. At this poiut commences a series of
limestone strata, which do not contain any organic remains, and must
belong to the same Cambrian System, because we find it covered
again towards the north (upwards of ten or eleven miles) by another
stratum of roofing slate, like the one above.
In this stratum of limestone I found some of the finest variegated
marbles. Not far from the old iron works of Mr. Love, somewhere
near the west fork of Little Pigeon, occurs a variety of Breccia mar-
ble, which I admired very much, and should have been glad to have
carried home with me some fragments to be polished. This marble is
at the same time very interesting in a geological point of view. The
marble called breccia, is composed of fragments of rocks of anterior
formation, which are joined together with a calcareous cement. The
fragments in the marble under consideration, are of the same calcare-
ous nature as the. cement. Now, the stratum of slate upon which this
limestone immediately rests, does not seem to have undergone any
fracturing; this is the case also with the stratum which lies upon it,
so that the causes by which the rocks were broken, the fragments of
which now form the breccia, existed only during the formation of this
stratum. As I observed above, so far as I could ascertain from ex-
amination on the spot, I found that all the fragments were calcareous,
171
and as they were all angular and not water-worn, they must have been
cemented together shortly after having been broken up.
This limestone continues to a few miles north of Sevierville, where
it is covered by another stratum of slate.
Upon this stratum of slate follows one of quartzite, which again
disappear before reaching Frenchbroad river, the bed of which is
limestone ; this limestone also terminates before reaching Bay's moun-
tain, which is silicious, mostly sandstone, and is perhaps coeval with
what Murchison calls upper Cambrian. North of this mountain
range, Sevier county runs out to a point as far as Holston river. This
point is limestone, similar to that of Jefferson county, which I consider
as the lower Silurian of Blurchison.
As I observed above, the mountainous parts of Sevier county are
very precipitous and craggy, and covered with forest; it is therefore
difficult, if not almost impossible, to find out the ores that are hidden
in these mountains. Several indications of iron are here and there
seen on the surface. In my first visit to this county, I pointed out a
bed of iron ore to Mr. Love, who was then working a ratiier indif-
ferent quality. This gentleman has since erected works on that place,
which are still in operation, and if I am not mistaken, belong now to
Col. Micajah C. Rodgers, of Sevierville. There is no doubt but that
iron ore will be found in other places. Large veins of sulphate of
barytes cross some of these mountains, which probably contain some
metal.
Perhaps, judging from the similarity of the rocks in the vicinity of
the heads of the west fork, and those near Coqua creek in the Qcoee
District, some gold may be obtained by washing from the earth of the
rivulets and low places in that part of the county.
As regards the forests, they are composed of trees somewhat similar
to those of Cocke county, namely, white oak, rock or chesnut oak,
chesnut, wild cherry, black walnut, mountain black birch,yellow pine,
white pine, all of which grow very luxuriantly, and change with the
elevations of the mountains. In the less mountainous parts, we have
white beech, buckeye, several species of magnolia, poplar (lirioden-
dron tulipifera,) sugar maple. Where the land becomes level, it be-
comes more fertile, and sugar maple and other trees, that commonly
grow in river bottoms, and shrubs of great variety Cover the ground.
The lands in the coves and near the creeks and rivers are of a good
quality, and by proper cultivation yield well. Though the mountains
do not contain any extensive table lands, nevertheless, the ranges for
cattle and stock of every description are not surpassed in excellence
by those of any other county.
Roofing Slate.—One of the most interesting mineral products of
Sevier county is the Roofing Slate, of which it contains extensive
ranges. A stratum of it may be seen on the map of that county, ly-
ing between Frenchbroad river and the fork of Little Pigeon, a few
miles north of Sevierville, and crossing the Little Pigeon near this
town. How far it extends, I have not been able to ascertain ; but a
more extensive stratum is situated towards the south, or rather the
172
southeast of Sevierville, running from southwest to northeast, nearly-
parallel to the Great Smoky mountain, and being perhaps a continua-
tion of the Chilhowee mountain in Blount county. As I have ob-
served above, this is a very extensive tract of slate, and from the su-
perficial examination to which 1 could subject it, no quarries having
yet been made in it, seenls to be of an excellent quality. I have seen
slabs of it, which had been detached by some natural cause, from ten
to twelve feet square, and of uniform thickness—perfectly level and
sonorous. To the enterprising citizens who shall penetrate this bed,
it will perhaps yield some other varieties of this useful substance.
In order to give an idea of the usefulness of this slate, and to point
out its real characters, I beg leave to state that we distinguish the dif-
ferent kinds of slate, only by their exterior character, namely, their
smoothness or minilteness of grain, weight, durability, color, extent of
the slabs, etc. But the naturalist, who looks to the nature of the rock,
considers more particularly its geological position, as forming the low-
est of the fossiliferous, or sometimes, perhaps, the uppermost of the
non-fossiliferous strata, and distinguishes it, therefore, from another
kind of slate which belongs to a more recent formation. But to the
architect these considerations are unimportant.
The good roofing slate has a dark gray, approaching to a bluish co-
lor—showing, when polished, an infinite number of small brilliant
points, lying in the direction of the slaty structure. Such slate is so-
norous, is not acted upon by acids, and gives a whitish gray'mark,
when scratched with iron, or a piece of the same slate.
Slate is not susceptible of a high polish like marble, but it ma'y be
brought to a very smooth surface by pumice stone or similar materials,
and in this case it is unctuous to the touch. Moreover, all 'slates, or
similar rocks, pf whatever color, may be made fit for roofiing, if they
can be divided into thin laminae or slabs, which are level and sonorous,
and susceptible of being trimmed and pierced with the proper ham-
mer, without breaking, and if they absorb no water, when they have
been for some time submerged in this fluid. Because, if this were the
case, the frost would soon destroy them, whatever might be their oth-
er good qualities.
The strata of slate in Sevier county are very much inclined, ap-
proaching almost to a vertical position. It is this inclination, together
with the thickness of the strata, that determines the mode of extract-
ing the slate; we can therefore prescribe 110 general rule for working
these quarries; some require subterraneous galleries, others perpen-
dicular shafts—while others again may be worked above ground, as
in common stone quarries. These are therefore circumstances, which
are entirely local.
The leaves of which the strata of slate are composed, are sometimes-
parallel to these strata, but oftener perpendicular to them.
In most cases, the slate on the surface of the stratum, or even for
several feet below the ground, is of an inferior quality; I learned this
fact in the slate quarries of Angers, in the department of Maine and
Loire in France. This quarry, which for a long while produced slate
of an inferior quality, furnished a superior kind after the works had
173
reached some depth. Immediately undei; the vegetable soil, is found,
a kind of rotten slate, which is called cosse, then follows a slate, which
cannot be divided in thin leaves, which is used for building stone—at
ab'out fifteen feet below the surface, the good slate commences, which
they call franc quartier, and which is quarried in cuts four hundred
feet long, and three hundred feet deep. The part below this, which is
of an unknown depth, has not been quarried, which is to be regretted*,,
as it contains slate of a superior excellence.
It is necessary that the slate should he split up in laminae in the quar-
ry, as soon as it is separated from the stratum, because, whenever itr
has lost the natural humidity which pervades the rocks in their natural
position, it becomes difficuLt to split.
It is not necessary to enumerate all the purposes for which slate
may be used. A roof made of slate lasts fifty years without repairs,,
and when repaired will last fifty years longer. It is impermeable to
rain and entirely fire-proof. It will not melt like zinc, when exposed
to heat, nor rust as do tin roofs, wherever the tin, by some accident, is,
removed from the iron, nor burn as do our common shingle roofs.—
When a fire takes place in a house, it is often the case that the fire is;
communicated by the roof to the next—fit is seldom the case, therefore,,
in our towns and cities, that one house alone is destroyed by fire, but
generally several at a time. In Europe, where the houses are covered
with tiles or slatp, these extensive conflagrations seldom-take place.
The slate may be used for stoves and fire-places, for cisterns, eva-
porating pans which are heated by steam, and the coarse kinds make-
the best flag-stones—and when polished, slate forms fine taJfles and
tablets for writing.
It forms an extensive branch of commerce in Europe, where the
slates of England have been long known. In France, it is only since
the commencement of the Revolution, that slate quarries have been
properly worked. Before the year 1789, they imported 36,000 francs'
worth of slate, and in the years 1816 and 1817, they exported 55,000,-
000 of slates, (Heron de Villefosse.) The slates of Angers, which are
8 by 13 inches, sell in Paris from 42 to 45 francs the 1000; the smaller
sized, which are called carlelette> sell for from 18 to 20 francs tire
1000.
Alum.—Although we have inexhaustible quantities of the materr-
als from which Alum can be prepared, in our State, and though I have
repeatedly advised some of our citizens to undertake the manufacture
of it, and have shown them the manner of preparing it, this source of
industry and profit is nevertheless neglected. So far as I know, na
Alum is prepared west of the Alleghany mountains—we still import
from the east this article, which is manufactured there or imported
from Europe. I established, in the year 1S11, the first manufactory
where Alum was prepared from natural products, in Maryland, be-
t ween Annapolis and Baltimore. Since that time, other establishments
have been erected, where Alum is piepared in an artificial manner,
which is, however, very expensive; and the establishment in Mary-
land, as to local advantages, is not to be compared with the advan-
174
tages which are offered in the localities in Tennessee;, where these ma-
terials occur.
The substance from which Alum is manufactured is the aluminous
slate, which is so abundant in several parts of Middle and East Ten-
nessee, and which has been mentioned in all my reports. It has been
erroneously considered by many of our citizens as stone coal; several
persons have actually made extensive excavations in it, in search of
this combustible, and, if I am not mistaken, a citizen of Davidson
county is still engaged in this unprofitable operation.
Those Who are initiated in the science of chemistry, know that Al-
urn is composed of sulphuric acid, alumina, potash and water. Now,,
these ingredients, as such, are not contained in, the above-mentioned
slate, but, the potash excepted, are produced during its exposure to
the action of atmospheric agencies. This slate, before it is altered by
the above-mentioned atmospheric action, is composed of much alumina
and imperceptible particles of sulphuret of iron. Now, it. is kuown to
mineralogists, that most of these compounds of irou and sulphur (py-
rites or sulphuret of iron) combine with the oxygen of the atmospheric
air or of water; hereby the sulphur is changed into sulphuric acid,
and the iron into oxyde of iron, and form sulphate of iron ; but a su-
perabundance of sulphuric acid, at least more than is necessary to the
formation of iron, is formed; this superabundance of acid enters into
combination with the alumina, and we have the principal constituent
of Alum, namely, the sulphate of alumina—this sulphate is yet in-
creased by the decomposition of the sulphate of irou when it is.ex-
posed to the action of the air; the iron, combining with another pro-
portion of oxygen, becomes a kind of copperas or sulphate of iron,
which is more susceptible of decomposition, and produces hereby an
additional quantity of sulphuric acid, to combine with the alumina.
Such is the formation of the sulphate of alumina, one of the con-
siituents of alum, when it is formed spontaneously by the action of
air and moisture alone; and the quantity thus formed is often sufii-
dent for an Alum establishment. Sometimes, nevertheless, this pro-
cess goes on too slowly to make it answer the purpose ; in this case
wc have it in our power to accelerate the production of the acid, by
exposing the slate to an operation called roasing. This roasting must
be moderate, in order to prevent the formed salt from decomposing —
for which purpose we mix the broken alum slate with wood, and set
it on fire ; when the combustion is over, the residual matter, consisting
of eafth, oxide of iron and sulphate of alumina, is lixiviated with wa-
ter and the sulphate of alumina is dissolved; to this must now be ad-
ded the potash, which may be procured here by the superabundance
of wood contained in our forests, and we have ail the ingredients nc-
eessary for the making of Alum.
This process is very simple, and does not require much skill, but, for
the benefit of those who may wish to engage m this profitable branch
Of industry, I will give a more complete description of the process.
I haiTe observed above, that during the disintegration or decompo-
sihou u ' the alum slates the sulphate of iron is first formed; this sub-
stance la the copperas or green vitriol of commerce. If the aluminous
175
slate contains large quantities of pyrites,* and it is an object to prepare
the copperas, then the aluminous slate must not be roasted, because
this salt is decomposed by heat. It should then be simply exposed
when broken up, to the action of the air and moisture, care being ta~
ken that the moisture- is not so great as to dissolve the formed salt and
wash it off; this precaution, nevertheless, is not exactly necessary if
the materials (aluminous slate, or pyrites) are placed on a clay floor
which is impregnable to water, and. with which is connected a trough
to conduct the fluid into-a cistern ; from the cistern it is conveyed into
proper evaporating pans to bring it to a proper consistency to be crys*.
talised. But, as copperas is already manufactured at several places
on this side of the mountains, I will confine myself to the process ne-
cessary in the manufacture of Alum.
At some places where this aluminous slate is exposed to. the atmos-
pheric agencies in such manner as to be protected from the rains, (I
, have found several such places in Tennessee,) many wagon loads of
decomposed materials, which will produce more than their own
weight in Alum, may he collected. Of course, in such places, the es-
tablishment may be productive as soon as it is in operation; at the-
same time some of the unaltered slate may be broken up, and exposed'
to the action of the air and moisture in places as above mentioned,
where-the rain cannot wash away the formed salt. In a short time,
(three or fonr mouths,) longer or shorter according to the Reason, the
slate begins to swell or exfoliate, and a saline efl'erveAuiee is formed-
the slate may now be lixiviated (licked, as it is vulgarly called,) in
large hoppers, constructed in such manner that the fluid may be receiy-
ed into large cisterns, where it subsides. The insoluble residue after
the lixiviation, spread out in such manner-that the air and moisture
cdn act upon it, may, after a sufficient time, be lixiviated again, and a
fresh crop will be produced.
In case the materials do riot readily effloresce, a moderate roasting,
as observed above, will be necessary. This may be performed by plac~.
ing a number of layers of wood and slate alternately the one upon
the other; during'the combustion the-sulphur of the pyrites is changed
into sulphuric acid, which combines with the alumina, and the iron,
is brought to a high state of oxidation, and therefore, not soluble in
the acid. This roasted material is lixiviated, as mentioned above.
The lixivium, or lie, should be as strong, or concentrated, as praetK
cable, which may be done by keeping only the first run for use while
the latter part is thrown again on fresh materials.
As I have observed above, we have here only one constituent of
Alum. The other constituent is the potash, and the mode of procur-
ing it, is pretty well known to those who have been engaged in the
manufacture of saltpetre from our caves—it is necessary only to likiv-
iate our common ashes, and if enough of ashes cannot be obtained, to
♦Pyrites, or sulphuretof Iron",-is a compound of sulphur and Iron ; it i*3 soma-
limes called brasses, or simply sulphur; it has generally a metallic lustre, approach-
ing the color of brass—it gives fire when struck with steel—and when heated,
gives out the odor of suljhur.
176
foam the -wood for that purpose. The lixivium of the potash must al-
so be made as -strong as practicable., and must be poured into the lix-
-ivium. of the aluminous slate, as long as any alum falls to the bottom.
The rationale of this process is Very obvious. As I have already
observed, a superabundance of sulphuric acid is formed during the
decomposition of the aluminous slate, this acid enters into combina-
tion with the potash, forming sulphate of potash, which, combining
with the sulphate of alumina, forms the Alum. Now, the Alum is a
■crystalijsable salt, and requires between forty-six and forty-seven per
■cent, of watery and precipitates mostly in a crystalline powder; the
liquid may then be decanted, by means of cocks which are placed at
different distances from the bottom ;• the powder must be washed with
-'a little cold water, which deprives it of nearly all the sulphate of iron,
which is the principal and most injurious impurity that it contains.
The decanted lixivium may thpu be evaporated, and another crop
■of Alum obtained. The liquid is now pretty free of Alum, but often
contains some free sulphuric acid, or sulphate of iron; and it may,
therefore, be thrown on the hoppers, where the sulphuric acid will
combine with the alumina, or the sulphate of iron will be decomposed,
and, consequently, will augment the product of the following opera-
tion.
The Alum thus formed^ when dried, will answer for many purpos-
cs, but it is not the Alum of commerce; to render it soluble, it must
undergo another process, which is called refining. For this purpose,
a few hundred pounds of the crude Alum are put into a copper pan,
with as much soft water as is just sufficient for its solution when boil-
ing hot; some manufacturers add some bullock's blood after the solu-
tion is effected, for the purpose of clarification, and after a short time,
when the Alum is held in solution by only a little more fluid than its
own water of crystalization, the liquor is run into casks where it con-
•cretes almost entirely in a single mass. After ten or twelve days, the
residual liquor is poured out, and the Alum, being broken into pieces
of about a hundred weight, is ready for sale.
The vessels for evaporation, crystalization, etc., used in the prepar-
ution of Alum on a large scale, require some consideration. As there
is always some free acid in the liquor from which the Alum is pre-
pared, which acts upon iron, and as iron is injurious in Alum, boilers
of that metal cannot be used. Copper would answer; but as the
evaporating pans for this salt are very large, it would be too expensive
to have them of this metal. All this is obviated by lead, as the acid
does not act upon it, and the price is moderate, and the lead of the
same value after it has been used for these purposes. The evaporat-
ing pans which 1 found best, were twenty feet in length, and five or
six feet in width—the bottom was what is called scupper lead, of the
thickness of 4-5 or 1-2 inch, ths edges of which are raised so as to
form a rectangular box, and some thinner sheet-lead soldered upon
these edges to give it the requisite height, which may be from two to
three feet. These pans must be placed upon iron plates, which are
supported by the walls which form the flues and fire-place below the
boiler or pan. This precaution of the iron floor is necessary to pre-
177
serve the pan, because the weight which it supports is very great, and
the lead, when hot, becomes soft, so that if not properly supported,
the lead will bulge out, become thinner, and consequently weaker,
and the fluid run through the bottom. If the fluid does not deposit
earthy matter, so as to incrust the bottom of the pan, it will last a
great while; this must be taken off by hammers after every opera-
tion, so that the bottom may not suffer, and require to be sooner re-
newed. The evaporation must proceed uninterruptedly night and
day, because when suffered to cool, a sediment attaches itself to the
bottom, so that the fluid is not. in immediate contact with the lead, and it
becomes so hot as to melt. Each operation ought to be so conducted
as to last 110 longer than between three and four days.
In regard to Potash, these establishments have some advantage
when erected in the vicinity of large places. There are several refuse
articles of chemical and other factories, which contain potash or am-
monia (which serves the same purpose) that may be got cheap—as the
residue of aqua fortis and of sulphuric acid, both of which are sulphate
of potash: the refuse ley of the hard soap manufacturers, which is pro-
duced when common salt is added, by which a solution of muriate of
iotash is formed—these, and all similar substances, may be used in
;he preparation of Alum. In our country, particularly in the moun-
•;ainous districts, where the aluminous slate is found, we have immense
quantities of wood, which in these places is of no value, so that suffi-
dent quantities of potash may be made to answer all purposes.
I stated above, that large quantities of materials for the preparation
of Alum occur in our State, Besides the unaltered aluminous slate,
arge quantities of the efflorescence of this slate (the result of sponta-"
neous decomposition) are found in several places. Amongst the most
conspicuous localities are, those already mentioned in Sevier county,
where wagon loads of these efflorescences may be obtained; several
places on the Cumberland mountains, particularly at the crossing of
Walden's ridge from Pikeville to Washington; in several places where
the black slate occurs in Middle Tennessee, as near Paradise Hill
in Davidson, and several places in Williamson and Maury counties; in
fact, in almost all the places where the black slate occurs. And these
products are generally known and used as alum, or copperas*, by the per-
sons living in these vicinities; indeed, these efflorescences contain both
these salts, and perhaps in undetermined proportions. But the most com-
mon constituents, as 1 have ascertained by an analysis of a specimen from
Cocke county, and of one from the Cumberland mountain, ten or twelve,
miles north from Pikeville, in the Sequatchee valley, are
Alumina,
Sulphuric acid.
Water,
Oxide of Iron,
FROM PIKEVILLE.
9
35
44
1&
SEVIER COUNTY.
14
36
41
9
100
100
14SA
178
In oilier specimens, I have found 21 per cent.of oxide of iron; in fact,
some very fibrous and silky varieties 1 found almost entirely composed of
6ulpbate of iron, or copperas.
When iron is considerable in its composition, it is more advantageous
to evaporate the fluid obtained Irom the lixiviation, and crystalize first the
sulphate of iron, (copperas,) and to the remaining fluid, which contains
the sulphate of alumina, the potash is added, and the mixture is then
treated as mentioned above.
S ulphate of Magnesia,—The Sulphate of Magnesia, generally
known under the names of Epsom or Seidlitz salt, is another substance
which is found in the rock houses, as efflorescence produced by the de-
composition of some of the slaty rocks in our State. An interesting lo-
cality of it is found in the vicinty where the aluminous materials, describ-
ed in the preceding pages, in Sevier county, are found. Another locality
of it is in the Cumberland mountains, one or one and a half miles west
from Piney creek. It occurs as efflorescence, or as fibrous, crystaline
masses, in the cavities of the slaty rocks; and as it is produced by the
decomposition of these rocks, the product may be augmented by expos*
ing the rocks, broken in pieces in such situations that moisture and air
can act upon it, but where t}ie ia|n cannot dissolve the salt.
In order to prepare this salt for commerce, it is only necessary to lix-
iviale the decomposed rock, evaporate the fluid and crystalize it. But,
according to analyses which I have made of specimens from several lo-
calities, it also contains, besides the sulphate of magnesia, some sulphate
of iron and sulphate of alumina—the latter being incrystalizable, remains
in the mother water; and as the sulphate of magnesia is more crystaliza-
hie lhan the sulphate of iron, and as the latter becomes still less crystal-
izable during the process, it will also, for the most part, remain in the
mother water, and a second solution and crystalization of the sulphate of
magnesia is, therefore, necessary to render it pure and fit for sale.
Saltpetre.—Several of the rock houses so abundant in the mountain-
ous part of Sevier county, will furnish Saltpetre. The mode of extraetr
ing this substance from the earthy materials, and of bringing it to a solu-
ble state, is well known to the people of Tennessee, many of whom were
engaged in manufacturing it during the late war.
Iron Ore.—One of the principal objects of my investigations, has
been the Iron Ores; and I become more .and more convinced, that the
quantity of these Ores in the State of Tennessee is immense. I found
extensive deposits of them in Lawrence county, which, from their con-
venient proximity to navigation, are very valuable. I made some ar-
rangements when in that county to obtain some of the ore for analysis,
and to prepare a map, exhibiting its different localities and the nature of
the water power ; but I have been disappointed in receiving the necessa-
tv information. I have, therefore, been obliged to delay the description
of that county till my next report.
I have al?o searched for Iron Ore in the vicinity of Manchester, in
179
Marshall county. This locality is very interesting in several points of
view. The town is situated near the Barren Pork of Duck River and
Bark-camp or Berry's creek, which furnishes water power for many
excellent milL-seats. It also contains one of the most remarkable re-
mains of Indian antiquities in Tennessee, namely the Stone fort, which
is situated in the fork, formed by the junction of Barten Fork and
Bark-camp creeks. This fork, which contains about thirty-three acres
of ground, is placed in such manner, that it is defended towards the
north, west and south, by the two creeks above mentioned, and has
somewhat the form of a bastion, the gorge, or the eastern part of which
is defended by eight square elevations, placed in two lines. These
defences have been formed of rough stones, and the other parts of the
fort adjacent to the creeks are surrounded by stone walls, whiyh may
have served as breastworks ; these walls, having been constructed of
rough stones, are fallen down aud in ruins. There is no doubt but
that this structure was a military stronghold; the surrounding country
still shows the marks of military operations against it. About two
miles below this fort, are to be seen, the traces of large encampments
of Indians; great quantities of stone arrow-heads and pieces of In-
dian pottery, are everywhere ploughed up, and large piles of the shells
of melania and paludina (generally called perry or penny-winkles)
are yet here and there to be seen. It seems that these shell-fishes were
used for food by ihe Indians; I have observed such deposits of shells
at several places, where they have evidently encamped for some
time.
But this vicinity is still more interesting, for the great quantity of
Iron Ore, and the materials for the preparation of Alum. The ah
minous slate, crops out below the lowest fall of the Barren Fork—
the stratum seems about thirty-feet thick. The great quantity of ef-
florescences shows that the slate would easily yield to the decompos-
ing agencies of the atmospheric air.
As to the quantity of iron ore, I can say nothing with certainty, no
excavation having been made ; and at the time of my excursion, I
could make only a superficial examination: but the quality of the
ore on the surface of the ground, is good with a few exceptions.
The ore in the bottom of the creek, is too much contaminated with
manganese, and too poor in Iron. Another ore, not far from the
creek, imbedded in sandstone, is what iron masters call honey-comb
ore. I found it by analysis, not rich in iron; but if it is found in large
quantitiesj as this kind of ore is generally easily melted, it may yet be
profitable. It is composed as follows :
Peroxide of Iron, 60, equal to 42 per cent, pure iron.
Silicia, 26
Water, 14
100
The great quantity of Silicia im this analysis, is produced by the
sand which it contains.
80
Another variety of ore, and which seems to be very abundant, is
found on a more elevated ground; it is what Mineralogists call com-
pact, brown iron stone, and of a better quality than the above-men-
tioned ore. It is composed of:
Peroxide of Iron,
Manganese,
Silica,
Water,
79, equal to 56 per cent, pure iron.
2
4
15
100
There seems to be no doubt but that this locality will furnish sufficient
ore for a high-furnace, and, as for water power, no place can be more
eligible. Though the Barren fork (of Duck river) rises only about eight
or ten miles above Manchester, having its source in some large springs,
it furnishes, even at this place, never-failing water for mill-seats ; and ah
though the rocks here are mostly silicious, limestone may, nevertheless,
be obtained to any amount, below the fort.
About the head of Puley's creek, the country abounds in timber—suf-
ficient for the supply of iron works.
A more careful investigation would bring to light many other deposits
of ore—as near Brewer's creek, and near Little Duck river—but it is
necessary to dig into the earth to ascertain the best localities.
Mr. S. Vanleer's Works, situated at Brownsport, on the Tennessee
river, in Berry county, are carried on by steam. The ore is very abund-
ant *, massive cliffs of it project above the ground, about one or two miles
from the furnace. The ore is compact, brown iron stone, of a liver
brown color, and of a conchoidal fracture. It is composed of
Peroxide of Iron, 80, equal to 56 per cent, pure Iron.
Silica, 8
Water, 12
100 '
The works of Mr. Vanleer, sr., are situated on Barton's creek, which
furnishes sufficient water to keep the furnace in operation for about ten
months in the year. They are composed of one high-furnace—the forges
being at some distance from the works—and produce upwards of thirty-
five tons of iron per week, when in full blast.
The Ore is in great abundance; and, as is usual in Middle Tennessee,
occurs in the silicious stratum described in this Report, p. —. The sili-
cious strata here, have been convulsed and broken up in every direction,
and form, near the furnace, an elevated bank, composed of masses of this
rock, and reddish and white clay. The Iron Ore is contained in the
fractured part of the stratum. It seems as if it had filtered through the
superincumbent materials, and filled the interstices to a great extent; so
hat several of these silicious fragments, with their characterizing fossils,
l&l
as gorgonia antiqua, etc., are imbedded in the ore, which shows, as wi
have before mentioned, that the formation of the iron ore was posterior*
to the formation of the rock. The whole stratum containing the ore,
rests upon a stratum of limestone, which in some places is entirely com-
posed of crinoidea, but well preserved specimens of these fossils can very
seldom be obtained in this limestone. The iron ore never penetrates this
limestone in any part of Tennessee. .
The ore is composed of a. mixture of compact, brown iron stone, and
brown haamatite interspersed with the pulverulent varieties of this ore,
and gives, on an average of the whole mixture.
Peroxide of Iron, 79, equal to about 56 per cent, pure Iron,
Silica, 4 5
Water, ' 16 *
100
MINERAL WATERS.
CASTILIAN SPRINGS, IN SUMNER COUNTY.
Sulphuretted hydrogen,
Sulphate of Magnesia,
Lime,
Hydrochlorate of Soda.
\V. WEEM'S SPRINGS—HICKMAN COUNTY.
20 fluid ounces contain:
Sulphuretted hydrogen, 45 cubic inches,
Sulphate of Lime, 12 grains,
Hydrochlorate of Soda, 2 grains,
Sulphate of Magnesia? a trace.
TYREE's SPRINGS DAVIDSON COUNTY.
20 fluid ounces contain:
Sulphuretted hydrogen, 3.0^ cubic inches.
Carbonic acid, 1,10 "
30 grains of solid matter composed of:
Sulphate of Lime,
Magnesia,
Carbonate of Lime,
Hydrochlorate of Soda.
DUN'S SPRING—DAVIDSON COUNTY.
Sulphuretted hydrogen.
Hydrochlorate of Soda.
WARM SPRINGS—BUNCOMBE COUNTY.
10 pounds of water contain:
• Nitrogen gas, 4 1-10 cubic inches,
Carbonic Acid, a trace,
182
Sulphate of Lime, 25 grains,
Hydrochlorate of Lime, trace.
WHITE CREEK SPRING—DAVIDSON COUNTY.
20 fluid ^ounces contain:
Sulphuretted hydrogen, 6.25 cubic inches,
Carbonic acid, 5.90 "
Solid matter, 16 grains,
Carbonate of Lime, 5.5 grains,
Sulphate " 3.5
— Soda, ^ 2.5
Magnesia, 3.0
Hydrochlor. of Soda, 1.1
15.6
Loss, .4
FRENCH LICK SPRING—NASHVIUJL.
Sulphuretted hydrogen,
Carbonic Acid,
Hydrochloric Acid,
Sulphuric Acid,
Magnesia, as Sulphate,
Soda, as hydrochlorate.
WINCHESTER SPRING.
20 fluid ounces:
Sulphuretted Hydrogen, 6 cubic ounces.
BROWN'S SPRINGS.
20 fluid ounces:
Sulphuretted hydrogen, 8 cubic inches,
Solid materials, 3.25 grains, composed of:
Hydrochlorate of Lime, 1.5 grain,
Soda, 0.5
Sulphate of Soda, 1.0
MAYFIELD's SPRINGS WILLIAMSON COUNTY.
20 fluid ounces:
Sulphuretted hydrogen, 6 cubic inches,
Hydrochlorate of Soda, 6 grains,
Sulphate of Lime, a trace.
SAM'S -CREEK SPRING DAVIDSON COUNTY.
20 fluid ounces:
Sulphuretted hydrogen, 8.5 cubic inches,
Carbonic Acid, 1,5
Solid materials, 6 grains, composed of:
Sulphate of Lime,
Hydrochlorate of Soda.
1S3
II AGE it's SPRING—SUMNER COUNTY,
20 fluid ounces:
Sulphuretted hydrogen, 8.5 cubic inches,
Carbonic acid, 5.0
0 grains of solid matter, composed of:
Sulphate of Lime.
ANOTHER SPRING IN THE SAME VICINITY AS THE PRECEDING.
20 fluid ounces;
Sulphuretted hydrogen, 13.5 cubic inches,
Carbonic Acid, 2.0
34 grains of solid matter, composed of:
Sulphate of Lime.
These two Springs, though situated some distance from each other,
have much similarity in their composition ; in fact, they differ only in the
{relative quantity of their constituents. It is very probable, that they ori-
ginate from the same source—the first being the more distant from it.
»
TERRIES1 SPRINGS —RUTHERFORD COUNTY.
20 fluid ounces:
Sulphuretted hydrogen, 10.5 cubie inches,
Sulphuric acid, 5.01 grains,
Hydrochloric Acid, 2.21
Lime, 5.34
ANOTHER ANALYSIS OF THE SAME WATER.
20 fluid ounces : >
Sulphuretted hydrogen, 3 cubic inches,
Carbonic Acid, 2
Sulphuric Acid, 15 grains,
Hydrochloric Acid, 9
Lime, 10
According to Mr. Terries, these two quantities of water were from
the same Spring ; nevertheless, the results of the analyses differ greatly;
in the one I obtained carbonic acid, in the other I found noqe. Perhaps one
had been exposed a long while to the air, while the other was secured
immediately, as it came from the spring—in the first case, the Carbonic
Acid may have been dissipated, but this does not account for the greater
quantity of sulphuretted hydrogen.
All of which is very respectfully submitted.
Cx. TROOST,
Geologist of the State.
184
memorial
To the Legislature of Tennessee:
The subscribers most respectfully represent, that they are prepared to
lay before your honorable body a plan for creating immediately, above
the city of Nashville, a Water Power of immense value for manufactur-
ing purposes of every kind. And this it is proposed to accomplish, in a
way that shall improve the navigation of the Cumberland river; consti-
tuting the first of a series of works, the best and least expensive that can
be devised for the benefit of the State at large, and especially of the
upper river1 counties. In these views, your Memorialists doubt not your
honorable body will fully concur, upon examining the following state-
nients :
And first, taking a well known work of a similar character, as a stand-
ard of comparison, by which means a more definite idea may be formed
of that herein proposed, it has been ascertained, by the following accu-
rate calculations,
That the water power of the Cumberland at Nashville exceeds
that of the Schuylkill at Philadelphia, by nearly one thousand, four
hundred horse power, (14Q0.J
We gauged the Cumberland river at the Island, about three miles above
Nashville, on the 16th of August, 1841 : the river being about one foot
higher than the lowest known water.
The length of the Cross-section, at the place where we measured the
river, was 118 feet, mean depth 7 feet, mean velocity 2.5 feet, and the
discharge 2,065 feet of water per second.
Now, since the mean velocities of the waters in a river are as the square
roots of the depths, the mean velocity of the water at the lowest stage of
the Cumberland river, is 2.3 feet; and taking the area of the Cross-sec-
lion at 684 square feet, the dischaige at the lowest stage of the river will
be 1,573 cubic feet per second.
The greatest rise of the Cumberland river, counting from the lowest
water, may be estimated at fifty feet. The duration of the highest flood
constitutes, however, but a few hours in the year, and happens once in
the course of ten or fifteen years. The height even of forty feet, consti-
tutes but a very small proportion of the year.
The total fall of water of a hydraulic machine is the difference between
the upper level of the water in the pond or race, and the lower level in
the canal or tail-race.
The power is the product of the weight of water which the machine
expends per second, multipled by the total fall.
Let, for instance, the expenditure of one of the breast-wheels at the
Philadelphia water works be 60 cubic feet of water per second, the to-
tal fall 8.5 feet, and the weight of a cubic foot of water 62.5 pounds, the
power will be 60, multiplied by 8.5 multiplied by 62-5—equal 31,875
lbs., or, expressed in horse power, —j2—equal 58.
The effect of the above breast-wheel, is 1 he product of the weight
which it can raise, multiplied by the velocity per second.
Suppose the weight of water on the piston of the double acting forag-
1S5
ing-pump at the Philadelphia water works, be 128 cubic feet, when at
work, and that the breast-wheel make with this load 12 revolutions, or
that the pump make 12 double strokes per minute of 5 feet each, or,
that it gave to the load 2 feet motion per second, the effect would be 128,
multiplied by 2 multiplied by 62.5—equal 19,000 lbs., or, in horse povv-
er, 29.
The ratio of the effect to the power would be —equal 0.5—or, one
half of the power, lost in overcoming resistance,'&c.
The power of a water course, is the product of the weight of the
water which it discharges per second, multiplied by the total fall.
The Cumberland river discharges, according to the above measure-
meat and calculation, at the lowest stage of the river, 1,573 cubic feet
of water per second, and assuming the total falL at 10 feet, the water
power will be 1,573, multiplied by 10 multiplied by 62.5—equal 983,-
125 lbs. or, in horse power, —equal 1,787.
If we assume the total fall at 15 feet, the water power would be
1,573, multiplied by 15 multiplied by 62.5—equal 1,474,687 lbs. or, in
horse power, M^6R7—equal 2,681.
Hence it follows, that the increase of the Quantity of water, as well
as that of the fall of water, augments the water powerj
The river Schuylkill, at Philadelphia, discharges at the lowest state
of the water, 380 cubic feet of water per second, the total fall being
8.5 feet, the water power will be 380, multiplied by 8.5 multiplied by
62.5—201,S75 lbs. or, in horse power, 367.
From which it appears, that the water power of the Cumberland
river, the total fail being 10 feet, exceeds that of the river Schuylkill,
with a fall of 8.5 feet by 1,417 horse power.
From the foregoing it must be evident, that the Cumberland riveT
affords, at all times, an abundant water power for manufacturing pur-
poses.
The manner in which it is contemplated to create this water power
without obstructing the navigation, is by means of a Dam and Lock.
The Dam can' be built across the river 011 solid rock; and is, therefore,
not liable to the objections, that the foundation of the Dam would be
expensive and unstable, and apt to be undermined.
The right bank of the river is solid rock, and the left can easily be
protected by a strong abutment.
As to the construction of the Canal from the mouth of Brown's
Creek to the river at the Water Works, we have surveyed and exam-
ined the ground, and are convinced of its practicability.
Having thus shown the practicability of the plan, your Memorial-
ists beg leave to show that it is also expedient, both as being greatly
superior to steam power, or any other, and as requiring an outlay ex-
• ceedingly small when compared with its certain, widely extended ben-
•efits to the State.
Nature presents no cheaper means, to propel machinery than a fall
- of water. This may be illustrated in the following manner:
The effect of a Steam-engine of 20 horse power is equal to the ef-
feet of 25 cubic feet of water per second, falling from a height of 10
186
feet. But the yearly expense of a Steam-engine of this power is
about $6,000.
Supposing the quantity of water discharged by the Cumberland riv-
er at the lowest stage to be 1,573 cubic feet per second, and. the total
fall 10 feet, the water power of the Cumberland would, therefore, be
eqeal to about 63 steam-engines of 20 horse-power, and if this power
were produced by engines, the yearly expense would be $378,000.
The cost of working one Steam-engine and pump at the Philadel-
phia Water Works, for one year, was $30,800; and it was found that
with this expenditure not more than 1,600,000 gallons of water could
be raised into the Reservoir in 24 hours.
The present 6 water-wheels and pumps can raise into the reservoir
7,500,000 gallons per 24 hours, at a yearly expense of about $1500 ;
while, if this quantity were required to be raised by steam-engines, the
annual expense would be at least $1*50,000.
At the Lowell manufactories the number of spindles is, according to
the statistics of January 1, 1841, 178,S6S; and counting 12,800 spin-
dies, with the accessary works, to require a steam-engine of 25 horse
power, the above spindles would require 14 steam-engines of 25 horse
power; and calculating the yearly expense of one steam-engine at
$7,800, the annual expense would be $109,200.
The diameter of the double-acting forcing pump of the Nashville
Water Works is 9 inches, length of stroke'6 feet, and number of
strokes 20. The quantity of water raised into the Reservoir may be
estimated at 100 cubic feet per minute, or 882,380 gallons per 24 hours,
and calculating the supply at 200 gallons to each private family the
supply will be equal to about 4,J12 private families.
Supposing the weight of water on the piston to be 89 cubic feet of wa-
ter, and it gave to the load 4 feet of motion per second-, the effect of the
steam-engine will be 89 multiplied by 4 multiplied by 62.5—equal to
22,250 lbs., or, expressed in horse power, —equal 40.
This steam-engine will consume 165 bushel^ of coal per 24 hours, at
25 cents, will be $41 25; and the yearly expense would be $41 25mul-
tiplied by 300—equal $12,375.
The relative expense of steam and water power, may be practically
understood by comparing the cost of supplying Philadelphia and Nash-
ville with water. In the Encyclopaedia of Geography, published in
Philadelphia, in 1837, it is stated that 18,704 tenants were supplied with
water in that city that year, at an annual expense of $14,000; and that
they paid $92,116 rents. According to these data, the annual water tax
of these 18,704 Philadelphia tenants, was then $5 67.
In Nashville, the annual expense of the water works, including rents
and charges, amounts to $9,606-—dividing this among 284 heads of fami-
lies, is $33 82 for each tenant.
With respect to the expense, your Memorialists add the following
statement:
The Dam should be built across the river, on the solid rock, in the
most substantial manner.
Injurious inundations are not usual in the Cumberland above Nashville;
187
and in order to prevent those which the Dam might tend to occasion,, ef-
fectual arrangements must be made.
The Lock should be of sufficient size for the passage of steamboats.,
and all other crafts, and built of substantial masonry.
Along the canal, to be excavated from the mouth of Bro wn's creek
to the river at the water works, the. different contemplated establish-
hients can be erected. The canal should have a very small fall, in
order to preserve the total fall along it as great as possible.
The entire cost of the Dam, Lock, Canal and other necessary works,
will not exceed $ 150,000.
When a work of this nature is proposed, certain popular objections
are frequently urged by those of limited observation and experience.
Your Memorialists submit to your honorable body, with the greatest
1 confidence in your enlightened and liberal views, a few observations-
touching the general utility of the contemplated public works, their
connexion with the navigation of the Cumberland river, and the in-
fluence of such improvements upon the health of the neighboring dis-
tricts.
The navigation of the Cumberland, (as well as all other rivers of
the State,) at all times of the year, can only be properly effected by
Dams and Locks. The particular undertaking now proposed, is of
the utmost importance, not only to the prosperity of Nashville, but the
whole middle portion of the State is interested in it; and it deserves,
therefore, the most considerate attention of the Legislature.
By means of Dams and Locks, the depth of the water may be re-
gulated in such manner that steamboats may ascend and descend the
river at all times of the year; and, consequently, the communication
between the different points of the river will be rendered regular—the
delays may be correctly estimated—and the arrivals of boats antici-
pated with certainty. The delay in passing through a Lock, may be
estimated at one minute for each foot lift; and is, therefore, of little
importance.
The ascending navigation in the present state of the river is attend-
ed, at a low stage of the water,, with great waste of power and time
—and the descending navigation with danger.
The Cumberland river and its tributaries carry along hardly any
heavy matter; and, therefore, not the least danger is to be apprehend-
ed that the ponds between the dams will be filled up by the deposits;
which will, also, be prevented by proper arrangements. The erection
of a Dam and Lock in the Cumberland river, about three miles above
Nashville, will be the beginning of a judicious improvement of the
navigation of the river, and at the same time will create a water pow-
er, l;he benefits of which will be incalculable to Nashville and the sur-
rounding country. And the opening thus effected for the transporta-
tion of produce, will greatly increase the value of property in the up-
( per river counties.
"■ The establishment of hydraulic works at Nashville, will open a ready
market for the produce of the upper country along the river. The
saw-mills will consume the timber which is brought down the river,
—the grist and corn-mills, the wheat and corn,—the rolling-mills and
186
other similar establishments, the pit and charcoal,—the' cotton manu
factories, the cotton, &c.,—and, in fact, this improvement is now per
haps the only means of opening the resources of the counties up tht
river, by establishing an easy and safe conveyance.
The improvement of the navigation of the river by a Canal, u
by far inferior to that of Dams and Locks; and even in the case 01
the construction of a Canal, Dams, with flood-gates or sluices, will be-
come necessary.
The improvement of the navigation of a river does undoubtedly
demand more science and skill, than the construction of a Canal; and
for this reason it is very probable that the latter is often preferred.
The Canal has to pass through the lands of different owners, from
which it must be purchased; whereas, in rendering the river naviga-
ble, the greatest part of the required ground exists in the bottom and
sides of the river, and is public property.
As the Canal crosses many private grounds, roar's, ditches, creeks,
&c. the Canal requires, therefore, the erection of many new bridges,
and roads, and culverts, above or below the Canal; at the river we
find, however, all these depositions already made by nature, or the in-
dustry of the inhabitants of the vicinity; and require, perhaps, only
some unimportant improvements; from which it will also appear,
that THE CANAL NAVIGATION IS MUCH MORE EXPENSIVE THAN THAT
OF A RIVER IMPROVED BY DAMS AND LOCKS.
The most important advantage of the river navigation, consists in
the greater quantity of water, and in the use of Steamboats. -The
channel of the river is every where the lowest, and receives the wa-
ter of the tributaries, while a Canal along a river is located higher, or
is purposely placed higher to be beyond the reach of floods. It is,
therefore, very natural that the want of water in a dry season will
happen oftener with a Canal than a river. A sufficient qitantity of
water a most essential part of the navigation, and a .superfluity in
times of floods is by no means so injuries, as the want of the same in
a Canal dried up, The navigation of rivers has been improved by
Dams and Locks in France, Germany, Italy, in this and many other
countries. And, in every instance, has a proper improvement of the
navigation of a river by Dams and Locks, proved to be rather benefi-
cial than prejudicial to the health of the surrounding country.—
The many Dams erected across the rivers of this country, for the pur-
pose of feeding Canals and working mills, verify the correctness of
this statement.
In situations, however, where Dams are usually erected for milling
purposes, to gather the water of springs and rain, by which means,
large tracts of low lands are inundated and changed into marshes,
which are sometimes overflown and again almost dry, and this prinei-
pally in the summer and fall—it is natural that the health of the sur-
rounding country should suffer from such establishments. But, let it be
remembered, that the water in the pond above the Dam, in the river,
does not become stagnant; for it flows even at the lowest stage of the
river, with a considerable velocity, and the height of the surface of the
river remaining always nearly the same, that circumstance itself, very
189
Materially contributes to the preservation of health along the water
bourses.
In the present state of the river, the alluvial margins become expos-
ed in the dry seasons to the hot sun, which produces more or less in-
jurious effects; and these, by the erection of a Dam, would be effectu-
ally counteracted.
The inundations above the Dam in time of a flood, will not be
greater after the erection of the Dam, than they were before; and in
this respect also, the dam cannot be an injury to the low lands on the
margin of the river, and its tributaries.
And, finally, as the improvement of the navigation of a river by
Dams and Locks has been successfully practised from the oldest times
—and, in the. case of the Cumberland, is far preferable to that of a
Canal, your Memorialists cannot doubt that your'honorably body will
look upon this first proposed improvement with the greater favor, as
a sort of "parent action " which shall .produce its like—an enterprise
beneficent in all its bearings'upon the Commonwealth.
Your Memorialists beg leave to add, in conclusion, that though the
improvement which they propose is designed primarily for manufac-
turing purposes, yet as the Dam and Lock which they ask permission
to erect will form One of a series of constructions adapted to the im-
provement of the whole river, it may not be amiss to remipd the Le-
gislature of what has already been done upon the subject; and to sug-
gest the fitness of the present occasion, to consider the adoption of a
general system of internal navigation for the entire State. On the 26th
of April, 1834, Congress passed a resolution ipstructing the Secretary
of War " to send an engineer to extend the navigation of the Cumber-
land river from Nashville up to the falls, or to the highest point on
said river susceptible of being made navigable for steamboats; and
that he report to the npxt session of Congress the result of his exam-
ination as to the practicability of improving the navigation of said
river, and the advantages, in his opinion, to the citizens of the States
of Tennessee and Iventucky, and to the community generally, by the
improvement aforesaid." An engineer was sent, and we beg leave
most respectfully to refer the Legislature to his report in the Execu-
tive Documents of 1834-5, Doc. No.,171, and accompanying maps
and plans, both as containing much important information as to the
navigation of the Cumberland above Nashville, and as a complete an-
swer to the objection which considers Dams as an obstruction to navi-
gation. The other divisions of the State are equally interested in sim-
ilar improvements of their rivers, none of which, in their natural state,
are sufficient for the transportation.of the bulky products of Tennessee
industry, whether mineral or agricultural. The adoption, therefore,
of a uniform system of internal navigation, to embrace, in the first
place, the chief navigable streams of the State, or, in the end, all that
tan be made so, seems to commend itself to your honorable body as
tn object worthy of enlightened patriotism. The wisdom of our State
•overnment has hitherto happily avoided contracting a public debt,
ven for this important purpose; and the late action of the General
Government has now placed in our hands an annual fund—our shard
190
of the proceeds of the public lands, which will enable us, without
risk, to embark in such enterprises as may promise useful results, and
to pay the expenses incurred in them pari passu with their advance-
ment. The patriotic heart dilates with intense delight in contemplat-
ing the beneficent effects which, by a wise application of this fund,
will be produced upon the physical and moral interests of'the people
of our beloved State. While the principal may be made to perfect
the communications of the State, and provide for every citizen, as near
as possible to his own door, a permanent, easy -and cheap high way
for the transportation to market of the products of his industry, the
interest, in the shape of tolls, will be distributed to the Common
Schools, and give to every child in the State the rudiments of a sound
education. Thus may this fund be made to produce the happiest ef-
fects upon the well-being of the people whose felicity is the sole object
of every truly republican constitution. But we perceive that we have
been seduced, by this fascinating theme, from the proper object of this
Memorial—which is, to pray that ybur honorable body Will, for the
reasons hereinbefore assigned, allow us to erect, in the Cumberland
river above Nashville, a Dam for the creation of a water power for
manufacturing purposes, to be provided with a Lock sufficient for the
passage of all vessels, rafts, &c., used on the river, free of tolls.
All which is respectfully submitted.
JNO. M. BASS,
R. J. MEIGS, '
JAMES WOODS,
ALBERT STEIN,
J. SHELBY.
191
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REPORT.
Secretary oe State's Office,
October 21, 1841. 3
To the Honorable Speaker of the House of Representatives:
Sir : In obedience to two resolutions adopted by your honorable
body on the 15th instant, containing several subjects of inquiry in rela-
tion to Internal Improvement Companies, in which the State is inter-
ested, I have the honor to make the following Report:
In answer to the first subject of inquiry which requires me to show
the amount subscribed by the State, and the amount of State bonds is-
sued by the Governor to each Internal Improvement Company, with
the aggregates in both cases, I beg leave to present the annexed table
marked A, which gives the information desired, with the date of the
charters of each Company.
The answer to the second subject of inquiry which requires me to
separate and distinguish the amount subscribed by the State, and the
amount of State bonds issued to Companies in each of the three grand
divisions of the State, will be found in the three annexed tables mark-
ed B, C and D.
From the tables referred to, it will be seen that the total amount sub-
scribed by the State to Internal Improvement Companies, is three mil-
lions, sixteen thousand, six hundred and sixty-six dollars, sixty-six
cents; and the total amount of State bonds issued is one million, five
hundred and sixteen thousand, nine hundred and sixteen dollars and
sixty-six cents; the total amount subscribed by the State to Compa-
nies in the Eastern Division of the State is one million, three hundred
thousand dollars, and the total amount of State bonds issued to the
same, is three hundred and eighty-nine thousand dollars.
The total amount subscribed by the State to Companies in the Mid-
die Division of the State, is one million, three hundred and seventy-
seven thousand, one hundred and sixty-six'dollars, and sixty-six cents;
and the total amount of State bonds issued to the same, is eight hun-
dred and eighty thousand, one hundred and sixty-six dollars and six-
ty-six cents j the total amount subscribed by the State to Companies in
the Western Division of the State is, three hundred and thirty-nine
thousand, five hundred dollars; and the total amount of State bonds
issued to the same is, two hundred and forty-seven thousand, seven
hundred and fifty dollars.
I have not included in the above estimates, three hundred thousand
dollars in River bonds, which were issued on the 2d day of July, 1839,
one hundred thousand dollars of which were set apart for the im-
provement of the rivers in each of the three grand divisions of the
197
State. These bonds have not been appropriated, but still remain in
the Bank of Tennessee, (\vith the interest which has accrued upon,
them,) subject to such legislative-action as may be luopted in relation
to them.
In answer to the third subject of inquiry, which requires me to give
such information as may be in my power, as to the progress makings
by each Company, I have to state, that the State huo granted charters
to twenty-eight Companies; of this number, tweuty-tour have com-
menced the construction of the roads contemplated by their charters,
and have received the bonds of the State, in the whole or part of the
State subscription.
The following six Companies, viz., the Nashville, Murfreesborough
and Shelby ville, the Gallatin, the Lebanon and Nashville, the Clarks-
ville and Russellville, the Franklin and Columbia, and the Nashville-
and Charlotte Turnpike Companies, have completed the construction,
of their respective roads, and toll gates have been erected in conformi-
ty with the charters.
The three following Companies, viz., the Columbia, Pulaski, Elkton
and Alabama, the Nolensville, and the Nashville and Kentucky Turn-
pike Companies, are progressing rapidly, and will finish their respec-
tive roads during the ensuing winter or spring.
The five following Companies, viz., the Lebanon and Sparta, the
Columbia Central, the Cumberland and Stone's River, the Fulton, and
the Gallatin and Cumberland Turnpike Companies, are progressing
with their roads, and will most probably complete them during the
next year.
The Jefferson Turnpike Company have, it is believed, been com-
pelled to suspend their work, on account of a law-suit now pending
between that Company and the State. So soon as the cause of sus-
pension is removed, the road, no doubt, will be completed in a short
time.
The two following Companies, viz., the Chambers and Purdy, and
the Pelham and Jasper Turnpike Companies, were both chartered in
the year 1838, and both during that and the ensuing year received
bonds from the State, the former the whole amount of the State's sub-
scription. Both the works, if they ever have been commenced, are in
a suspended state, and there is not much reason to believe that they
will ever be otherwise.
I am without any information as to the situation of the following
four Companies, viz., the Harpeth, the Forked Deer, the Big Hatchie,
and the Ashport Turnpike Companies.
The three following Companies, viz., the Fayetteville and Shelby-
ville, the Livingston, and the Harpeth and Farmington Turnpike Com-
panies,have not, as yet, commenced their works, and it is thought never
will. To the first named of these Companies, the Governor issued
sixteen thousand dollars in bonds, in November, 1838, the bonds are
still in the Bank of Tennessee, subject, of course, to the order of the
Company. k
The Murfreesborough, Manchester and Winchester Turnpike Com-
pany have not, as yet, commenced their work, but will, I am inform-
ed, do so in a short time.
198
The Louisville, Cincinnati and Charleston Railroad Company have
abandoned their work, so far as Tennessee is concerned, and a propo-
; sition has been made to return to the State the bonds heretofore issued
mpon certain conditions.
The Hiwassee Railroad is believed to be in progress; the last issue
of State bonds was made in May last, upon a report made by com-
missioners, under the act of the 25th January, 1840, showing a strict
compliance with the provisions of the charter up to that period.
As to the progress making by the Lagrange and Memphis Railroad
Company, I am uninformed.
In answer to the fourth subject of inquiry, which requires me to
state the amount of the State subscription that will be exhausted by
the several works now in progress, I have to state that this cannot Jbe
done with perfect accuracy, but a pretty correct result can be obtained
by subtracting eight hundred and forty-two thousand five hundred dol-
lars, being the subscriptions made to the Louisville, Cincinnati and
Charleston Railroad Company, the Fayetteviile and Shelbyville, the
Chambers and Purdy, the Pelham and Jasper, the Livingston, and the
Harpeth and Farmington Turnpike Companies, from the whole amount
subscribed, which will leave two millions, one hundred and seventy-
four thousand, one hundred and sixty-six dollars and sixty-six cents,
as the amount which will be exhausted; there is no reason to believe
that it can possibly exceed this sum.
In answering the fifth and last subject of inquiry, which requires
me to estimate the unexpended balances that will remain to each of
the three grand divisions of the State out of the fund set apart for pur-
poses of Internal Improvement by the act of the 19th January, 1838,
J have to state, that the whole amount appropriated by the act referred
to, was four millions of dollars; of this sum, one million, four hun-
dred thousand dollars were set apart for the Eastern Division of the
State. Deduct from this sum, six hundred and fifty thousand dollars,
being the amount of subscription to the Hiwassee Railroad, will leave
seven hundred and fifty thousand dollars, as the unexpended balance
in favor of the Eastern Division of the State.
The portion of funds referred to, set apart to Middle Tennessee, was
one million, six hundred thousand dollars. Deduct from this sum,
eleven hundred and eighty-two thousand dollars, being the amount of
subscriptions to works which it is believed will be prosecuted to com-
pletion, will leave four hundred and eighteen thousand dollars, as the
unexpended balance in favor of the Middle Division of the State.
The portion of the fund alluded to, set apart to the Western Division
of the State, was one million of dollars. »Deduct from this sum, three
hundred and thirty-two thousand dollars, being the amount of sub-
scription to works which will probably be completed, will leave six
hundred and sixty-eight thousand dollars, as the unexpended balance
in favor of the Western Division of the State.
Very respectfully,
JOHN S. YOUNG,
Secretary of State,