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county to be elected on the same days as in other counties in this state, reported that the committee have had the same under consideration, think the provisions of the same unreasonable, and had instructed him to recommend their rejection.

The foregoing report was read and concurred with.

Mr. Laughlin from the same committee, to whom was referred the petition of sundry citizens of the Ocoee District, praying that a preference right of entering a quarter section of land at a reduced price in Bradley county may, be granted by law to William Sears. And also the petition of sundry citizens of Lewisburg in Marshall county, asking for certain privileges to be granted to the incorporated citizens of said town, reported that the committee have had the same under consideration, think their request unreasonable, and ought not to be engrossed.

The foregoing report was also read and concurred with.

Mr. Gillespy returned with an amendment in lieu of the whole, a Bill to establish the county of Polk. The said bill and amendment were on his motion ordered to the table.

A Bill to repeal part of an act passed 1762 in relation to apprentices, was read a third time,

Mr. Yoakum offered the following as an amendment, to wit:
Provided, that nothing in this act

contained, shall affect the rights of any such apprentice in any contract heretofore made.

Mr. Hardwicke moved to lay said amendment on the table, which was lost.

Mr. Gillespy offered the following as an amendment to the said amendment, to wit:

And provided that nothing in this act shall be construed as to limit the discretion of the County Courts in making contracts for the benefit of apprentices, and thereupon the question was had and determined in the negative-ayes 3; noes 19.

The yeas and nays being required, those who voted in the affirmative

were

Messrs. Gillespy, Reneau and Terry-3.
The negative voters were

Messrs. Brown, Balch, Coe, Frey, Gaines, Hardwicke, Jennings, Jones of Hickman, Jones of Lincoln, Laughlin, Marshall, Smith, Sovier, Turney, Walton, Warner, Wheeler, Yoakum and Mr. Speaker Love 14.

And so said amendment was rejected.

The question then recurred upon the reception of Mr. Yoakum's amendment, and being thereon had, the said amendment was received.

Mr. Gillespy thereupon offered an amendment in lieu of the whole bill from the enacting clause, and the sense of the Senate being thereon had, it was rejected.

The said bill was thereupon put upon its passage, and determined in the affirmative-ayes 19; noes 3.

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

Messrs. Balch, Coe, Frey, Gaines, Hardwicke, Jennings, Jones of Hickman, Jones of Lincoln, Laughlin, Marshall, Sevier, Smith, Terry,

Turney, Walton, Warner, Wheeler, Yoakum and Mr. Speaker
Love-19.

Those who voted in the negative were,
Messrs. Brown, Gillespy and Reneau—3.

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

Mr. Jones of Hickman introduced A Bill to prevent public county roads from being obstructed by cer; tain turnpike companies and others, which was read a first time, passed, and referred to the committee on Internal Improvements.

A Bill to extend the right of citizenship to John Brown, and his sons Thomas Brown and William Brown, and his daughter Eliza Brown, Cherokee Indians, was read a second time and passed. And

A Bill to amend the law of descents and distributions, was read a third time, and the question “shall the bill pass?" being thereon had, it was determined in the affirmative-ayes 22.

The yeas and nays being demanded, those who voted in the affirmative were

Messrs. Aiken, Balch, Brown, Coe, Frey, Gaines, Gillespy, Hardwicke, Jennings, Jones of Hickman, Jones of Lincoln, Laughlin, Marshall, Reneau, Sevier, Smith, Terry, Turney, Walton, Warner, Wheel, er and Mr. Speaker Love-22.

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

Mr. Marshall introduced

A Bill to increase the capital stock of the Nolensville Turnpike Company, which was read a first time, passed, and referred to the committee on Internal Improvement.

On motion of Mr. Gillespy,

Ordered, That Mr. Marshall be added to the committee on Internal Improvement.

Mr. Turney introduced

A Bill to amend an act granting Jessee Lincoln a turnpike road, and also a Bill to compel Robert Burke to complete his road and for other purposes, both of which were severally read a first time and passed.

The last mentioned bill was withdrawn by Mr. Terry.

Mr. Jones of Hickman returned with an amendment, which was accepted.

A Bill to protect the owners of mills in the enjoyment of their rights.

Mr. Smith offered the following proviso as an amendment thereto, to wit:

Provided nothing in this act contained, shall be construed to limit, abridge, or alter any rights heretofore secured by law to James D. Freeland, and the sense of the Senate being thereon had, the said amendment was rejected.

The said bill was thereupon read a third time, and the question "shall the bill pase?" being thereon had, it was determined in the affirmative, ayes 22; noes 1. The

ayes and noes being demanded, the affirmative voters were

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Messrs. Aiken, Balch, Brown, Coe, Frey, Gaines, Gillespy, Hardwicke, Jennings, Jones of Hickman, Jones of Lincoln, Laughlin, Marshall, Reneau, Sevier, Terry, Turney, Walton Warner, Wheeler, Yoakum and Mr. Speaker Love--22.

Mr. Smith voting in the negative.

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

Mr. Balch returned a Bill to repeal part of the 7th section of an act passed in the year 1935, establishing Chancery courts.

Mr. Balch offered an mendment thereto, providing that the consent of the parties litigant should be obtained before the removal of a cause from the Rogersville Chancery Court to the Taswell Chancery Court, which motion to amend was rejected.

Mr. Balch thereuron moved to amend by providing that the consent of the causes upon either side should be obtained before such removal, which proposition was also rejected.

The said bill was thereupon read a second time and passed.

Mr. Coe from the Select Committee on the Lagrange and Memphis Rail Road, to whom was referred a Bill to amend an act entitled an act to incorporate the Lagrange and Memphis Rail Road Company passed Dec. 14th 1835, and the Internal Improvement acts of 1836 and '38, reported that the committee have had the same under consideration, think its provisions reasonable, and had instructed him to recommend its passage with an amendment providing for the issuance of 'sterling bonds.

Mr. Gillespy ofered an amendment thereto, providing that the President and Directors of the Hiwassee Rail Road Company, or the holders of any of the bonds heretofore issued for and on account of said road, may surrender the same or any part thereof to the Governor, and upon such surrender requiring the Governor to issue sterling bonds for a like sum so surrendered. The said amendment was rejected.

On motion of Mr. Marshall the said bill was ordered to the table.

A Bill to incorporate a Turnpike and Bridge Company from Johrisville across Reelfoot lake to the Mississippi river, was taken up and read.

Mr. Balch offored the following as an amendment thereto, to wit:

Be it enacted, That nothing in this act contained, shall be so construed as to prevent the stockholders in said company froin being individually liable for all demands against said corporation; and the sense of the Senate being thereon ind, the said amendment was rejected.

On motion of Mr. Smith the said bill was amended by adding the name of McKay W. Campbell of the county of Maury as one of the commissioners.

Mr. Yoakum moved further to amend by adding the following, to wit:

Be it enacted, That nothing in this act contained, shall prevent the Legislature of this State from repealing the same whenever they shall think the interest of the country shall require it.

During the pendency of which the Senate adjourned.

THURSDAY MORNING, Nov. 21, 1839. Mr. Terry presented the petition of sundry citizens of the 4th civil district of Hamilton county, praying the continuance of the seat of justice at Dallas; which was on his motion referred to the committee on New Counties and County Lines.

Mr. Hardwicke introduced a bill, accompanied by a memorial of sundry citizens on the subject, to define the duties of Rangers and for other purposes; which was read a first time and passed, and referred to the committee on Finance.

Mr. Speaker Love presented a report of the President and Cashier of the Bank of Tennessee, in relation to the bonds issued by the State made in pursuance of a resolution heretofore adopted by the Senate, which was read and referred to the committee on Internal Improvement.

Mr. Laughlin submitted the following:

Resolved, That the committee on the Penitentiary be instructed to enquire into the propriety of prohibiting the sales by retail at the Penitentiary, of articles manufactured by the convicts on credit, and also into the propriety of increasing the manufacture of articles in the establishment not usually manufactured by the people of this State.--And that said committee enquire into and report what articles of both classes above named, if any, may be profitably manufactured in the establishment. And that said committee report by bill or otherwise.

A resolution from the House of Representatives, designating the number of acts and journals of the present General Assembly to be printed, was taken up, read and concurred with.

Mr. Laughlin presented a communication from Jonathan Webster, asking a charter of incorporation for the Hillsborough Chalybeate Springs, in Coffee county; which was read and ordered to be transmitted to the House of Representatives.

Mr, Coe submitted the following:

Resolved by the General Assembly of the State of Tennessee, That the joint committee on Banks be instructed to report bills providing for à fair and equal distribution of the existing banking capital to the several grand divisions of the State, so that the portion allotted to each will be proportioned as near as can be ascertained, to the exports of said division; and the faith of this General Assembly is hereby pledged that a fair distribution upon the principles aforesaid shall be made.

And the rule being suspended, Mr. Wheeler offered the following amendment thereto, to wit:

Provided, that the capital of the Bank of Tennessee is to be apportioned as per original act creating said Bank.

And the sense of the Senate being thereon had, the said amendment was adopted.

Mr. Jones of Hickman thereupon moved to strike from said resolution the words "to the exports of such division," and thereupon the question was had and determined in the negative-ayes 11, noes 13.

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

1

Messrs. Anderson, Brown, Frey, Jennings, Jones of Hickman, Marshall, Reneau, Sevier, Smith, Walton and Warner-11.

Those who voted in the negative were

Messrs. Aiken, Balch, Coe, Gaines, Gillespy, Hardwicke, Jones of Lincoln, Laughlin, Terry, Turney, Wheeler, Yoakum and Speaker Love--13.

And so said proposition was rejected.

Mr. Jones of Hickman moved to strike from said resolution all that part thereof which proposes to pledge the faith of the General Assembly. And thereupon the question was had and determined in the affirmative-ayes 16, noes 8.

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

Messrs. Anderson, Brown, Frey, Gillespy, Hard wicke, Jennings, Jones of Hickman, Jones of Lincoln, Marshall, Reneau Sevier, Smith, Terry, Walton, Warner, and Yoakum-16.

Those who voted in the negative, were

Messrs. Aiken, Balch, Coe, Gaines, Laughlin, Turney, Wheeler and Mr. Speaker Love-S.

And so said proposition prevailed.

Mr. Anderson moved to strike from said resolution the words to the exports of such division, and insert in lieu thereof the words to the number of qualified voters.' And thereupon the question was had and determined in the affirmative---ayes 14, noes 10.

The ayes and noes being demanded, the affirmative voters were Messrs. Anderson, Balch, Brown, Frey, Gillespy, Jennings, Jones of Hickman, Laughlin, Marshall, Reneau, Sevier, Terry, Walton and Warner-14.

The negative voters were

Messrs. Aiken, Coe, Gaines, Hardwicke, Jones of Lincoln, Smith, Turney, Wheeler, Yoakụm and Mr. Speaker Love-10.

And so said proposition prevailed.

Mr.Jennings thereupon offered the following as an amendment thereto, to wit:

And provided further, that nothing herein contained shall be so construed as to affect the rights of the Union, Planters or Merchants and Farmers Bank of Memphis.

And the question Will the Senate accept the amendment? being thereon had, it was determined in the negative-ayes 9, noes 15.

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

Messrs. Anderson, Brown, Frey, Jennings, Laughlin, Marshall, Reneau, Sevier and Walton-9,

Those who voted in the negative were

Messrs. Aiken, Balch, Coe, Gaines, Gillespy, Hardwicke, Jones of Hickman, Jones of Lincoln, Smith, Terry, Turney, Warner, Wheeler, Yoakum and Speaker Love--15.

And so said amendment was rejected.
The said resolution was amended on motion of Mr. Warner, by add-

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