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Messrs. Anderson, Brown, Frey, Sevier, Turney and Warner-6. And so said bill passed a third time, was ordered to be engrossed and transmitted to the House of Representatives.

Mr. Laughlin from the same, to whom was referred a Bill to prevent Grand Juries from making presentments, reported that the committee have had the same under consideration, think its provisions unreasonable, and had instructed him to recommend its rejection.

Whereupon the said bill was read and rejected-ayes 17; noes 5. The ayes and noes being demanded, those who voted in the affirmative were'

Messrs. Aiken, Anderson, Brown, Coe, Frey, Hardwicke, Jones of Hickman, Jones of Lincoln, Laughlin, Marshall, Sevier, Smith, Turney, Warner, Yoakum and Mr. Speaker Love-17,

The negativé voters were

Messrs. Balch, Gaines, Gillespy, Reneau and Wheeler-5.
And so said bill was rejected.

Mr. Yoakum submitted the following:

Resolved by the General Assembly of the State of Tennessee, That the Joint Select committee on the Common School Fund, be authorized to employ a clerk for such time as they may need his services. And the rule being suspended, said resolution was adopted.

Ordered, That the clerk acquaint the House of Representatives therewith and ask their concurrence therein.

Mr. Speaker Love introduced

A Bill to incorporate a Turnpike and Bridge Company from Johnsville across Reelfoot lake to the Mississippi river, which was read a first time, passed, and referred to the committee on Internal Improve

ments..

Mr. Turney introduced

A Bill to amend an act entitled an act to establish a State Bank, to raise a fund for internal improvements, and to aid in the establishment of a system of education, passed January 19th 1838, and an act supplemental thereto, passed January 26th 1838, which was read a first time, passed, and referred to the committee on Banks.

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

Mr. Speaker: The House of Representatives concur with your resolution authorizing the Joint Select committee on the Common School Fund to employ a clerk.

And then he withdrew.

Mr. Smith submitted the following:

Resolved by the General Assembly of the State of Tennessee, That a Joint Select Committee be appointed on agriculture and manufactures, to whom all memorials and other communications on that subject shall be referred. And

Mr. Coe the following:

Resolved, That the committee on Privileges and Elections, be instructed to enquire into the expediency of reporting a bill so to alter the mode of elections, that a third clerk shall be appointed, whose duty it

shall be to receive from the sheriff or other officer holding the election, the ballot of each voter, and to endorse upon the back of such ballot, the number of figures opposite the name, upon the clerk's record, of the voter giving it. Also directing that all the votes given at any precinct shall, immediately after the same shall have been counted, be again deposited in the box, together with one copy of the clerk's list certified by the Judges, and sealed up carefully by the Judges and kept during the period of thirty days, after which time if no one gives notice that the election will be contested, the same shall be taken out and burned, and in case any election is contested, that said committee in their bill report a plan for conducting the same.

Mr. Laughlin submitted the following:

Resolved, That the Judiciary Committee, be instructed to enquire and report by bill or otherwise, whether it is necessary and proper that any of the Chancery Courts now authorized by law, ought to be consolidated so as to lessen the number of said courts, or whether other and additional courts ought to be created, and whether it is necessary and expedient to create new Chancery districts or divisions of said courts, so as to enable the said courts to decide, and more speedily determine the chancery business of the people of the State.

And the rule being suspended said resolution was adopted.
Then the Senate adjourned.

TUESDAY MORNING, Nov. 19, 1839.

Mr. Frey, from the Committee on Ways and Means, to whom was referred a Bill to appropriate money to the payment of the debt due the Union Bank, reported that 'the committee have had the same under consideration, had instructed him to report an amendment thereto, in lieu of the first section thereof, and with the amendment to recommend its passage.

Whereupon the said amendment was read and accepted. The bill was read as amended a second time and passed.

Mr. Frey from the same, to whom was referred a Bill to define the tax laws of this State.

And

A Bill to give to the several counties in this State the fines and forfeitures arising from the prosecutions for misdemeanors, reported that the committee have had the same under consideration, think their provisions unnecessary and unreasonable, and had instructed him to recommend its rejection.:

Whereupon the said bills were severally read and rejected.

Mr. Warner from the committee on claims, to whom was referred a Bill to provide for the payment of twenty-five dollars to Holman' and Hollingsworth for services rendered the State, reported that the committee have had the same under consideration, think ts provisions reasonable, and had instructed hinf to recommend its passage.

Whereupon the said bill was read a second time and passed.

Mr. Gillespy from the committee on Internal Improvements, to

whom was referred a Bill to incorporate a Turnpike Bridge Company from Johnsville, across Reelfoot lake to the Mississippi river, reported that the committee have had the same under consideration, and had instructed him to report an amendment thereto, and with the amendment to recommend its passage.

The said amendment was accepted, the bills read as amended a second time and passed.

Mr. Laughlin presented the petition of Sherod Barber a man of color, praying to be emancipated, which was read and referred to the com

mittee on the Judiciary.

On motion of Mr. Yoakum.

Ordered, That the committee on Education and Common Schools, be discharged from the further consideration of the Comptroller's report in relation to the defalcation of the late Joel Parish, cashier of the State Bank of Tennessee, and that the same be referred to the Joint Select-Committee on the Common School Fund.

Mr. Laughlin, from the committee on the Judiciary, to whom was referred

A Bill to amend the practice in the courts of Chancery;

A Bill for the relief of females, and to authorize the granting of divorces in certain cases;

A Bill further to amend an act entitled an act more effectually to subject property in this State belonging to non-resident debtors to the payment of their debts due to this and citizens of other States, passed 15th Feb'y, 1836;

A Bill to amend the several laws in this State concerning bastardy; A Bill to protect the owners of mills in the enjoyment of their rights; A Bill to repeal part of the 2d section of an act passed in the year 1835, ch. 4, establishing Chancery courts;

A Bill prescribing the mode in which the laws of other States of this Union shall be received as evidence in this State;

A Bill to amend the 6th section of the act of 1836, ch. 19; and

A Bill for the relief of the citizens of Washington county, reported that the committee have had the same under consideration, think the provisions of said bills 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 committee, to whom was referred a bill to establish the town of Chattanooga, in Hamilton county, asked that the committe be discharged from its further consideration, which request being granted; the said bill was, on motion of Mr. Terry, referred to -he committee on the Ocoee District.

Mr. Laughlin, from the same, to whom was referred a bill and amendment to repeal part of an act passed in 1762, in relation to apprentices, reported that the committee have had the same under consideration, think the provisions of the original bill reasonable, and recommend its passage without the amendment. Said report was concurred with.The original bill was read a second time and passed.

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

Mr. Speaker: The House of Representatives concur with the Senate's resolution, making the committees of the two Houses on Internal Improvements a Joint Committee. Also with your resolution directory to the President and Directors of the Bank of Tennessee; and also with your resolution extending certain powers therein mentioned to the Joint Committee on Banks.

And then he withdrew.

Mr. Balch introduced

A Bill requiring the Union Bank of Tennessee to pay the bonus of one half of one per cent and for other purposes, which was read a first time, passed, and referred on his motion to the committee on Banks.

And a Bill to extend the terms of the Circuit Courts of Sevier county and for other purposes, was read a third and last time, and the ques"shall the bill piss?" being thereon had, it was determined in the affirmative-ayes 25.

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

Messrs. Aiken, Anderson, Ashe, Balch, Brown, Coe, Frey, Gaines, Gillespy, Hardwicke, Jennings, Jones of Lincoln, Jones of Hickman, Laughlin, Marshall, Reneau, Smith, Sevier, Turney, Terry, Walton, Warner, Wheeler, Yoakum and Mr. Speaker Love-25.

And so said bill passed its third and last reading.

A Bill for the relief of Thomas Shirley of Hamilton county, was read a third time, and the question "shall the bill pass?" being thereon had, it was determined in the affirmative-ayes 20; noes 5.

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

Messrs. Aiken, Ashe, Brown, Coe, Frey, Gaines, Gillespy, Hardwicke, Jennings, Jones of Lincoln, Jones of Hickman, Laughlin, Marshall, Reneau, Smith, Terry, Turney, Walton, Warner, and Mr. Speaker Love-20.

The negative voters were,

Messrs. Anderson, Balch, Sevier, Wheeler and Yoakum-5.

And so said bill passed its third reading, was ordered to be engrossed and transmitted to the House of Representatives.

On motion of Mr. Jones of Hickman,

Ordered, That Mr. Balch be added to the committee on claims.
Mr. Gillespy submitted the following:

Resolved, That the committee on Internal Improvements, be instructed to report a bill to authorize the Hiwassee Rail Road Company to surrender up the bonds of the State, that have been issued by the Governor, and received by said company in part payment of stock subscribed in said company on behalf of the State, and to authorize the Governor in lieu thereof to issue for said company sterling bonds to draw not exceeding six per cent interest.

A Bill to carry into effect the Lunatic Hospital, was taken up and read..

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5

Mr. Jones of Hickman offered an amendment thereto in lieu of the whole from the enacting clause.

Mr. Jennings moved that the bill with the proposed amendment, be referred to the committee of the whole, and that fifty copies of the said bill be presented for the use of the Senate.

During the pendency of said motion, the following message was received from the House of Representatives, by Mr. Crockett their clerk: Mr. Speaker: The House of Representatives are now ready to receive the Senate in their hall, for the purpose of going into the election 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, and thereupon the two houses proceeded (viva voce) to the election of a Senator to the Congress of the United States, in the place of the Honorable Ephraim H. Foster resigned. The Honorable Felix Grundy and the Honorable Ephraim H. Foster being in nomination.

Senators who voted for Mr. Grundy, were

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

Those who voted for Mr. Foster, were

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

The vote being continued by the House of Representatives, the aggregate vote was for Mr. Grundy fifty-six; for Mr. Foster forty-four. The Speaker of the Senate thereupon declared the Honorable Felix Grundy, to be duly and constitutionally elected a Senator to the Congress of the United States, from the State of Tennessee, for the term of six years from the fourth of March last.

Whereupon the Speaker and Gentlemen of the Senate returned to their own chamber.

Then the Senate adjourned.

WEDNESDAY MORNING, Nov. 20, 1839. Mr. Speaker Love presented the report of the clerk and master of the Chancery Court at Winchester, made in obedience to a resolution of the Senate adopted on the 19th October, which was referred to the committee on the Judiciary.

Mr. Laughlin from the committee on the Judiciary, to whom was referred

A Bill and petition for the benefit of Charles Lain of Bradley county. And a Bill to give Justices of the Peace jurisdiction to grant writs of certiorari and supercedeas. And

A Bill to restore Joel J. Nutt to his former privileges as a citizen and for other purposes. And

A Bill to exempt guardians from making settlements in certain cases.
And a Bill requiring clerks, registers and other officers of Marshall

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