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our present educational system has not been attended with more satisfactory results. Although common schools have sprang up under its kindly influence in some sections of the State, yet the effect has not been general, and the want of uniformity in its practical operation, occasions dissatisfaction and complaint. As, however, it is the appropriate duty of another officer of the State to bring this interesting subject fully before you, I shall not extend my remarks in relation to it; but I cannot refrain from the expression of an earnest hope, that notwithstanding the comparative insufficiency and futility of past efforts and the magnitude of the difficulties to be overcome, the Legislature will not falter in their exertions, until a system shall be devised and established securing to every free white child in our State the means, at least, of a common school education.
The Penitentiary continues in a prosperous condition, realizing the views of its friends, and promising to become a source of considerable revenue to the State, provided such regulations are adopted and enforced as are necessary to secure the collection of its debts, a portion of which has already been standing for several years. A full settlement, annually, of the debts due the institution, should be required by law, and it might be well, in the sale of articles, to allow such a discount for ready cash as generally to induce persons to make prompt payments. The quarterly settlements and the accounts of the receipts and expenditures of the institution should regularly undergo the examination and supervision of the Comptroller, and the payment of the salaries of its officers should be made in the manner prescribed by law for the liquidation of other demands upon the Treasury of the State. Experience has proved that the compensation allowed the Inspectors of the Penitentiary is insufficient to procure that punctual attention to the duties of their appointment which is necessary to the proper and successful management of its affairs. It is found, also, that the great number of persons visiting the institution for the mere gratification of curiosity, consumes much of the time of its officers, while it subjects the feelings of the unhappy inmates of the prison to increased mortification. I respectfully suggest, therefore, the propriety of exacting a moderate toll from all such visitors, and that the fund thus raised be applied to the support and maintenance of the more indigent families of the convicts, or to such other charitable object as the wisdom and benevolence of the Legislature may prescribe. The present mode of subsisting the convicts, it is believed, ought to be abandoned, and that they should be victualled under the direction of the Superintendent at the expense of the State.
A proper examination of our militia law will show that it still requires various amendments. A careful revision, with a view to its abridgement and simplification, would, doubtless, contribute greatly to its improvement.
The Judiciary of the State, being the ægis by which the dearest rights and interests of the citizens are mainly secured, cannot fail to command at all times, the vigilant attention of an enlightened and patriotic Legislature. The wisdom and excellency of our laws are comparatively of little moment unless they be faithfully and ably administered. No act
of the legislature, therefore, calculated to elevate the character and uphold the virtuc, purity and independence of the Judicial Department of our government, can justly be considered extravagant or injuicious.
I have recently received from the authorities of the General Government a set of "Standard Weights.” They are deposited in the oflice of the Secretary of State, subject to the disposition of your honorable body.
Since the adjournment of the last General Assembly, the following pro tempore appointinents have been made, vir: Ebenezer Alexander, Attorney General of the second Judicial Circuit; James W. McCombs, Inspector of the Penitentiary: Return J. Neigs, Attorney General of the State; George W. Gibbs, Chancellor of the Western Division; N. H. Aller, Attorney General of the Seventhi, and Thomas Manoy, Judgo of the Sixth Judicial Circuit. These officers have been appointed in consequence of the death or resignation of their respective predecessors, and as their cominissions will expire at the close of the present session, the duty of making perinanent appointments devolves on you. It may be proper here to state, that in addition to the foregoing, the llon. Ephraim H. Foster was appointed a Senator in Congress of the United States to fill the vacancy occasioned by the resignation of the Hon. Felix Grundy, whose term expired on the 4th of March last.
In closing this communication, I avail myself of the occasion to tender, through you, to the people of Tennessee my grateful acknowledgements for the distinguished evidences of favor and confidence I have heretofore received at their hands. In retiring from their honorable service, I bear with me the proud consciousness of having faithfully discharged the high trusts committed to my charge, and shall ever cherish an unabated solicitude for their continued prosperity and happiness.
NEWTON CANNON. EXECUTIVE DEPARTMENT, OCT. 3, 1939.
On motion of Mr. Wheeler, it was Ordered, that five thousand copies of the foregoing message be printed for the use of the Senate. And
On motion of my Terry, the message was laid on the table, and made the order of the day for a londay next,
And then the Senate adjourned.'
WEDNESDAY MORNING, Oct. 9, ISS9. The morning's hu-iness being through,
Mr. Irey offered the following:
Resolved, That a select committrc, to consist of five members, be appointed, to which shall be referred all proposals which shall be made under the act of 1936, ch. 69, for the printing the laws and joint resolutions which may be passed during the present session of the General Assembly, and for the printing of the journals of both llouses; and also such proposals as may be made under said act for the execution of
the printing and for furnishing stationery and fuel, and that the said committee have leave to report by resolution or otherwise.
And the rule requiring resolutions to lie on the table one day being suspended--In lieu of which,
Mr. Yoakum submitted the following:
Resolved, That a joint select committee to consist of three members on the part of the House of Representatives, he appointed to contract for the printing of the laws and joint resolutions which may be passed at the present session, and for the printing of the journals of both flouses of the General Assembly, and for such job-printing as niay be ordered by the two branches of the Legislature jointly, and that the report of the Secretary of State, with its accompanying proposals, made in pursuance of an act of the General Assembly, passed 19th February, 1836, be referred to said committee:
Mr. Gillespy moved to lay the resolution and amendment on the table.
Mr. Anderson moved a division of the motion of Mr. Gillespy, so as to obtain the sense of the Senate, first, upon laying the amendment upon the table, which being overruled, the question recurred upon the motion of Mr. Gillespy, and the sense of the Senate being thereupon had, the resolution and amendment were ordered to the table.
A message from the House of Representatives by Mr. Crockett, their Clerk:
Mr. Speaker: I am directed to inform the Senate that the House of Representatives have adopted a resolution appointing a joint comunittee to contract for printing the laws and joint resolutions that may be passed at the present session, and for the printing of the journals of both Houses of the General Assembly, and for such job-printing as may be ordered by either or both Houses jointly, and that the report of the Secretary of State, with its accompanying proposals, made in pursuance of an act of the General Assembly, passed 19th February, 1836, be referred to said committee, and have appointed Messrs. Fletcher, Stokes, Barry, Northcuit and Williamson to be of said committee on their part, and ask the concurrence of the Senate therein.
And then he withdrew. Whereupon the said messaye was read and concurred with.
The Speaker appointed Messrs. Frey, Laughlin and Coe to be of said committee on the part of the Senate.
Ordered, That the Clerk acquaint the House of Representatives therewith.
Mír. Jones of Hickman submitted the following:
Resolved by the General Assembly of the State of Tennessee, That the Secretary of State be directed to report to this General Assembly, as soon as practicable, the precise cost of the survey of the route for a Central Railrond and M’Adamized road route through the State, as provided for by an act passed at the called session of the Legislature of 1836--And also, to report to this General Assembly in like manner, the cost of the survey of the route for a capal from Tennessee river, intersecting the Hatchie river, as provided for by an act of the General As
sembly at the late session, and that he set ferth in said report, separately, each item of expense, and by whom paid.
And the rule being suspended, the said resolution was adopted.
Ordered, That the Clerk acquaint the House of Representatives there with, and ask their concurrence therein.
Mr. Gillespv introduced
A Bill to authorize James Vaughn and James Ghormley to open and keep up a turnpike road. And
Mr. Wheeler, a Bill giving further time for securing entries and obtaining grants thereon. And
Mr. Ilardwicke, a Bill to repeal part of an act passed in 1762, in relation to apprentices. All of which were severally read a first time and passed.
Mr. Laughlin submitted the following:
Resolved, That the joint select committee appointed to draft and report rules for the government of the intercourse of the two Houses of the General Assembly be instructed on the part of the Senate to draft and report a rule for the appointment of a joint standing committee on Federal Relations, to consist of three on the part of the Senate and five on the part of the House of Representatives.
And the rule being suspended, the resolution was adopted.
Resolved, That a select committee of three be appointed by the Senate to contract for stationery and fuel during the present session, and that the report of the Secretary of State, with such of its accompanying proposals as relate to that subject, made in pursuance of an act of the General Assembly, passed February 19, 1836, be referred to said committee.
And the rule being suspended, the resolution was adopted.
The Speaker appointed Messrs. Yoakum, Ashe and Aiken said committee.
On motion of Mr. Laughlin,
Ordered, That Mr. Jones of Lincoln be added to the committee to draft and report resolutions for the government of the intercourse between the two Houses of the General Assembly.
A message from the House of Representatives, by Mr. Crockett their Clerk:
Mr. Speaker: The House of Representatives have adopted a resolution that the Senate meet them in the Hall of the House of Representatives at 10 o'clock on Thursday the 10th instant, for the purpose of comparing the vote for Governor at the late General Elections, and ask your concurrence therein.
And then he withdrew. Whereupon the said resolution was read and concurred in.
Ordered, That the Clerk acquaint the House of Representatives therewith.
The Speaker presented the Report of the Comptroller of the State, which was, on motion of Mr. Turney, ordered to the table.
Mr. Gillespy moved the printing of twenty-five copies thereof, which
was superceded, on motion of Mr. Rencau to print 5000 copies---during the pendency of which motion,
The Senate, on motion of Mr. Coe, adjourned.
THURSDAY MORNING, October 10, 1839. Mr. Frey presented the following report of Miller Francis Esqʻr. Treasurer of Tennessee:
Nashville, Octber 5, 1839. To the Honorable the General Assembly of the State of Tennessee:
"In obedience to an act of the General Assembly of the State of Tennessee passed on the 2nd day of February 1836, to provide for electing a Treasurer of the State of Tennessee and to define his duties,"
I have the honor to report, that there has been received in the Treasury since the 1st Monday in October, 1837, to the 5th of October 1839, inclusive, the sum of six hundred and nine thousand three hundred and fifty-eight dollars and three cents, say $609,358 03—there has been · also paid out for claims against the State, for the same period, the sum of four hundred and ninety-two thousand seven hundred and fifty-eight dollars and sixty cents, $ 192,758 60; leaving a balance in the Treasury of one hundred and sixteen thousand five hundred and ninety-nine doliars and forty-three cents, $116,599 43.
I have the honor further to report that I have taken stock in the Union Bank of the State of Tennessee in the same period, fourteen hundred and sixty-six shares, amounting to one hundred and forty-six thousand six hundred dollars, say $146,600 00; which sum accrued on State stock and bonus in said Bank up to the 6th day of July, 1839.
Treasurer of Tennessee. The foregoing report was read at the clerk's table and ordered to the table.
Mr. Jennings presented the report of John Sommervile, Cashier of the Union Bank of Tennessee, relating to the condition of said Bank and Branches, and also the report of Robert H. McEwen, superintendent of Public Instruction, which were on his motion ordered to the table.
Mr. Marshall introduced,
A Bill to amend an act entitled “An Act to reform an amend the penal laws of the State of Tennessee, passed the 9th day of December 1829, which was read first time and passed.
Mr. Gillespy asked and obtained leave to withdraw for amendinent, “A Bill to repeal part of an act passed 1762 in relation to apprentices."
Mr. Wheeler submitted the following: Resolved,
That his Excellency the Governor, be requested as soon as he may find it convenient, to furnish the Senate with copies of al or any correspondence which may have passed between himself and the Hon. Hugh L. White in all the months of October, November, and December of the year 1938, touching the resignation of the said H. L. White as