Resolved, That the Senate proceed forthwith to the election of an additional asssistant clerk.

Mr. Anderson moved to lay the said resolution and amendment on the table.

Mr. Jones of Hickman offered the following as an amendment to that of Mr. Gillespy, to wit:

"To be allowed for his services such sum as the Legislature may hereafter direct, not exceeding four dollars per day."

And thereupon the question was had and determined in the negative-ayes 10, noes 15.

The ayes and noes being demanded, those who voted in the affirmative were

Messrs. Ashe, Brown, Frey, Gaines, Jones of Hickman, Reneau, Turney, Walton, Wheeler and Yoakum-10.

Those who voted in the negative were,

Messrs. Aiken, Anderson, Balch, Coe, Gillespy, Hardwicke, Jennings, Jones of Lincoln, Laughlin, Marshall, Sevier, Smith, Terry, Warner, and Mr.Speaker Love-15.

And so said amendment was rejected.

Mr. Anderson then withdrew his motion to lay upon the table, and the question was had upon the amendment of Mr. Gillespy, and determined in the negative-ayes 10, noes 15.

The ayes and noes being demanded, the affirmative voters were Messrs. Aiken, Coe, Gillespy, Hardwicke, Jones of Lincoln, Laughlin, Smith, Warner, Yoakum and Mr. Speaker Love-10.

The negative, voters were

Messrs.. Anderson, Ashe, Baleh, Brown, Frey, Gaines, Jennings, Jones of Hickman, Marshall, Reneau, Sevier, Terry, Turney, Walton and Wheeler-15.

And so said amendment was rejected.

Mr. Marshall offered the following, in lieu of the original resolution, 'to wit:

Resolved, That the principal clerk of the Senate, when it shall be necessary for the dispatch of public business, employ a transcribing clerk or clerks, at such reasonable prices as may be agreed upon by him. In lieu of which, Mr. Gillespy offered the following:

Resolved, That the Senate, when they shall deem it necessary, shall appoint an additional clerk for the Senate.

Mr. Ashe moved to lay the said amendment of Mr. Gillespy on the table; and thereupon the question was had and determined in the negative-ayes 11, noes 14.,

The ayes and noes being demanded, the affirmative voters were Messrs. Ashe, Brown, Frey, Gaines, Jennings, Jones of Hickman, Jones of Lincoln, Marshall, Reneau, Walton and Wheeler-11. The negative voters were,

Messrs. Aiken, Anderson, Balch, Coe, Gillespy, Hardwicke, Laughlin, Sevier, Smith, Terry, Turney, Warner, Yoakum and Mr. Speaker Love-14.

"And so said proposition was rejected.

P

The question then recurred upon the reception of Mr. Gillespy's amendment in lieu of that of Mr. Marshall, aird being thereon had, it was determined in the affirmative-ayes 16, noes 9.

The ayes and noes being demanded, those who voted in the affirmative were

Messrs. Aiken, Anderson, Balch, Coe, Frey, Gaines, Gillespy, Hardwicke, Laughlin, Sevier, Smith, Terry, Turney, Warner, Yoakum and Mr. Speaker Love-16.

Those who voted in the negative were,

Messrs. Ashe, Brown, Jennings, Jones of Hickman, Jones of Lincoln, Marshall, Reneau, Walton and Wheeler-9.

And so said amendment was received.

Mr. Yoakum thereupon moved to strike from said amendment the words 'when necessary,' and insert in lieu, the words 'Monday next.' And thereupon the question was had and determined in the negative— ayes 10, noes 15.

The ayes and noes being demanded, those who voted in the affirmative were

Messrs. Aiken, Coe, Gillespy, Hardwicke, Jones of Lincoln, Laughlin, Smith, Warner, Yoakum and Mr. Speaker Love-10. ·

The negative voters were,

Messrs. Anderson, Ashe, Balch, Brown, Frey, Gaines, Jennings, Jones of Hickman, Marshall, Reneau, Sevier, Terry Turney, Walton and Wheeler-15.

And so said proposition was rejected.

The question was then had upon the reception of Mr. Gillespy's amendment in lieu of the original resolution, and determined in the affirmative-ayes 19, noes 6.

The ayes and nocs being demanded, those who voted in the affirmative were

Messrs. Aiken, Anderson, Balch, Brown, Coe, Frey, Gaines, Gillespy, Hardwicke, Jennings, Jones of Hickman, Jones of Lincoln, Laughlin, Sevier, Smith, Warner, Wheeler, Yoakum and Speaker Love-19. Those who voted in the negative were

Messrs. Ashe, Marshall, Reneau, Terry, Turney and Walton,-6. And so said amendment was received.

Mr. Jones of Hickman thereupon moved to lay the said resolution on the table. And the question thereon being had, it was determined in the affirmative-ayes 13, noes 12.

The ayes and noes being demanded, those who voted in the affirmative were

Messrs. Ashe, Coe, Frey, Gaines, Jennings, Jones of Hickman, Jones of Lincoln, Laughlin, Sevier; Smith, Walton, Wheeler and Speaker Love-13.

Those who voted in the negative are

Messrs. Aiken, Anderson, Balch, Brown, Gillespy, Hardwicke, Marshall, Reneau, Terry, Turney, Warner and Yoakum-12.

And so said motion prevailed..

A Bill to repeal all laws authorizing the sale of the bonds of the State,

the proceeds of which are to be used for the purpose of removing the obstructions in the rivers in the State of Tennessee, was referred on motion of Mr. Gillesp, to the committee on Internal Improvement. Mr. Coe introduced

A Bill for the relief of John W. Fowler; which was read a first time, passed and referred to the committee on claims.

The resolution heretofore submitted by Mr. Speaker Love, directory to the Secretary of State, in relation to the adjudication of land warrant No. 1239, was referred on motion of Mr. Yoakum to the committee on Public Lands.

Mr. Jennings presented a communication from the Hon. E. H. Foster, containing his resignation as Senator in the Congress of the United States, which was received and read.

Mr. Reneau moved that the said communication be entered upon the journal of the Senate. And thereupon the question was had and determined in the negative-ayes 11, noes 14.

The ayes and noes being demanded, those who voted in the affirmative were

Messrs. Anderson, Ashe, Brown, Frey, Gaines, Jennings, Marshall, Reneau, Sevier Terry and Walton-11.

The negative voters were

Messrs. Aiken, Balch, Coe, Gillespy, Hardwicke, Jones of Hickman, Jones of Lincoln, Laughlin, Smith, Turney, Warner, Wheeler, Yoakum and Mr. Speaker Love-14.

Mr. Smith 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 Mon-... day next at 11 o'clock, a. m. for the purpose of electing a Senator to the Congress of the United States, in place of the Hon. Ephraim H. Foster, resigned.

Then the Senate adjourned."

SATURDAY MORNING, Nov. 16, 1839. Mr. Gillespy presented the petition of one hundred and seventeen citizens of Bradley county, praying a repeal of the tippling act of 1837. And Mr. Sevier the petition of one hundred and nineteen citizens of Gibson county remonstrating against a repeal of the said act, both of which was read and ordered to be transmitted to the House of Repre

sentatives.

Mr. Frey introduced

A Bill to incorporate the Union College in Robertson county, which was read a first time, passed, and referred on his motion to the com mittee on Education and Common Schools.

Mr. Smith's resolution of yesterday, providing for the election of a Senator to the Congress of the United States, in place of the Honorable Ephraim H. Foster, resigned, was taken up and read..

Mr. Anderson moved to strike out the words "Tuesday next," which motion prevailed.

The said resolution was thereupon read as amended, and adopted. Ordered, That the clerk acquaint the House of Representatives therewith and ask their concurrence therein.

The resolution from the House of Representatives directory to the Banks of the State of Tennessee to resume the payment of specie, was taken up, read and referred on motion of Mr. Warner, to the committee on Banks.

A Bill to exempt persons disabled from sickness or other causes from working on roads, was read a second time and passed.

A Bill to prevent the unlawful assemblage of slaves, was taken up and read.

Mr. Coe moved to postpone it until the first day of March, and the question being thereon had, it was determined in the affirmative-ayes 16; noes &.

The ayes and noes being demanded, the affirmative voters were

Messrs. Aiken, Ashe, Balch, Brown, Coe, Frey, Gaines, Gillespy, Hardwicke, Jennings, Jones of Lincoln, Marshall, Rencau, Sevier, Terry and Mr. Speaker Love-16.

The negative voters were

Messrs. Anderson, Jones of Hickman, Laughlin, Smith, Turney, Warner, Wheeler and Mr. Yoakum-8,

And so said motion prevailed.

Mr. Coe introduced

A Bill to amend an act entitled an act to incorporate the Lagrange and Memphis Rail Road Company, passed Dec. 14 1835; and the Internal Improvement act of 1837-38, was read a first time, passed, and referred to the Joint Select Committee on the Lagrange and Memphis rail road.

And then the Senate atljourned.

MONDAY MORNING, Nov. 18, 1839. Mr. Warner from the committee on Claims, to whom was referred a Bill for the relief of Thomas Shirley of Hamilton county, reported that the committee have had the same under consideration, think its provisions reasonable, and had instructed him to recommend its passage.

Mr. Gillespy moved to amend the said bill by striking out the words "entry taker of said district," and insert in licu thereof the words "Branch Bank of Tennessee," which motion prevailed. The said bill was thereupon read a second time and passed."

Mr. Marshall presented a communication from sundry citizens of Rutherford county, in relation to alledged illegal voting at the last general elections in said county, which was read and referred on mo tion of Mr. Yoakum to the committee on Privileges and Elections.

A message from the House of Representatives by Mr. Crockett, their Clerk:

Mr. Speaker: The House of Representatives coneur with the Sen

ate's resolution appointing a Joint Select Committee on the subject of the Common School Fund, and have appointed Messrs. Johnson of, Greene, Martin of Maury, Fain, Buchanan of Lawrence, and Parker to be of said committee on their part. They also concur with the Senate's resolution to go into the election of a Senator to the Congress of the United States on Tuesday next, in the place of the Ilonorable. Ephraim H. Foster, resigned.

And then he withdrew.

At the request of Mr. Yoakum,

Ordered, That he be excused from serving further on the committee on Privileges and Elections.

Mr Laughlin, from the committee on the Judiciary, to whom was referred "a Bill providing for the appointment of a commissioner or commissioners of the State of Tennessee, in any of the States of the United States of America, for the purpose of taking acknowledgments or probate deeds and other instruments to be recorded in this State, and of taking affidavits to be used or read in evidence in any of the courts of this State. And

A Bill to provide for the probate and registration of deeds executed beyond the limits of the United States and for other purposes, reported that the committee have had the same under consideration, and instructed him to report in lieu of the two; a Bill to provide for the probate and registration of deeds and other instruments executed beyond the limits of the United States and for other purposes, and respectfully to ask its passage. Whereupon the said bill was read a second time and passed.

Mr Laughlin, from the same, to whom was referred a Bill to amend an act to reform and amend the penal laws of the State of Tennessee, passed the 9th day of December, 1829. A Bill to amend the law of descents and distributions, And a Bill to amend the act of 1827, ch. 30, entitled an act in relation to the change of venue in criminal cases; reported that the committee have had the same under consideration, think their provisions reasonable, and had instructed him to recommend their passage.

Whereupon the said bills were severally read a second time and passed.

Mr. Laughlin from the same, to whom was referred a Bill to authorize aliens to hold, convey, mortgage, lease and inherit real estate, lands and other property and for other purposes, reported that the committee have also had the same under consideration, and had instructed him to recommend its passage.

Whereupon the said bill was read a third time, and the question "shall the bill pass;" being thereon had, it was determined in the affirmative-ayes 16; noes 6.

The ayes and noes being demanded the affirmative voters were

Messrs. Aiken, Balch, Coe, Gaines, Gillespy, Hardwicke, Jennings, Jones of Hickman, Jones' of Lincoln, Laughlin, Marshall, Reneau, Smith, Wheeler, Yoakum and Mr. Speaker Love--16. Those who voted in the negative were