ing thereto the words 'as set forth in the 17th section of said charter.' Mr. Gillespy moved that the said resolution be referred to the committee on Banks, and the sense of the Senate being thereon had, the said motion was lost.

The question being about to be had upon the adoption of the resolution, Mr. Jennings moved a division thereof, which motion was lost. Mr. Gillespy offered the following in lieu of all that part of said resolution after the words 'General Assembly of the State of Tennessee,' to wit:

That the committee on Banks he instructed to report a bill providing for a fair apportionment of the banking capital of this State.

Mr. Jennings moved to strike from said amendment the word 'fair' and insert in lieu thereof the words "legal and equitable." And thereupon the question was had and determined in the negative-ayes 8, noes 16.

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

Messrs. Anderson, Brown, Frey, Jennings, Marshall, Reneau, Sevier and Walton-8.

Those who voted in the negative were

Messrs. Aiken, Balch, Coe, Gaines, Gillespy, Hardwicke, Jones of Hickman, Jones of Lincoln, Laughlin, Smith, Terry, Turney, Warner, Wheeler, Yoakum and Speaker Love—16.

And so said proposition was rejected.

The question then recurred upon the reception of the amendment offered by Mr. Gillespy, and being had thereon, it was determined in the affirmative-ayes 13, noes 11.

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

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

Those who voted in the negative were

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

And so said amendment was accepted.

Mr. Anderson thereupon moved to amend the said resolution by adding thereto the words 'in proportion to the free white population,' and thereupon the question was had and determined in the negative~ ayes 10, noes 14.

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

Messrs. Anderson, Brown, Frey, Jones of Hickman, Laughlin, Marshall, Reneau, Sevier, Walton and Warner-10.

Those who voted in the negative were,

Messrs. Aiken, Balch, Coe, Gaines, Gillespy, Hardwicke, Jennings, Jones of Lincoln, Smith, Terry, Turney, Wheeler, Yoakum and Speaker Love-14.

And so said proposition was rejected.

Mr. Marshall thereupon moved to amend the said resolution by adding thereto the words 'and to ascertain and report whether a change of the location of the banking capital would not add to the pecuniary embarrassments under which the country is suffering," and the sense of the Senate being thereon had, the said amendment was rejected. Mr. Marshall thereupon offered the following as an amendment thereto, to wit:

And that said committee be instructed to report by bill or resolution the time when the Bank of Tennessee shall resume specie payments. In lieu of which Mr. Gillespie offered the following, to wit:

That said committee be instructed to report, providing that note and bill holders on the Bank of Tennessee shall recover ten per cent. per annum interest, and the cost of protest from said bank, from the time such bill or note shall be presented to the bank or branches thereof, where the same may be payable and payment refused, until the same shall be paid.

Mr. Coe moved to lay the said amendments on the table, and thereupon the question was had and determined in the affirmative-ayes 12,

noes 8.

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

Messrs. Coe, Gillespy, Hardwicke, Jones of Hickman, Jones of Lincoln, Laughlin, Smith, Terry, Turney, Warner, Wheeler and Speaker Love-12.

The negative voters were,

Messrs. Anderson, Brown, Frey, Gaines, Marshall, Reneau, Sevier and Walton-S.

And so said motion prevailed.

Mr. Marshall moved to amend the said resolution by adding after the word 'State' the words 'within the control of the Legislature.'

Mr. Coe moved to lay the said amendment on the table, and thereupon the question was had and determined in the affirmative-ayes 13, noes 8.

The ayes and noes being demanded, the affirmative voters were, Messrs. Balch, Coe, Gillespy, Hardwicke, Jones of Hickman, Jones of Lincoln, Laughlin, Smith, Terry, Turney Warner, Wheeler and Speaker Love-13.

Those who voted in the negative were

Messrs. Anderson, Brown, Frey, Gaines, Marshall, Reneau, Sevier and Walton,-8.

And so said amendment was ordered to the table.

Whereupon Mr, Laughlin offered the following as an amendment to the said resolution, to wit:

Provided, That if any new distribution of the capital of the Bank of Tennessee to the several divisions of the State be made, or to different sections of the same division, that loans shall continue to be made as now directed by law to the people of the several counties of this State, according to the provisions of the 17th section of the bank charter.

Mr. Gillespy moved to lay the said amendment on the table, and

R

thereupon the question was had and determined in the negative; ayes 10, noes 14.

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

Messrs. Aiken, Coe, Gaines, Gillespy, Hardwicke, Jones of Lincoln, Terry, Wheeler, Yoakum and Mr. Speaker Love-10.

The negative voters were

Messrs. Anderson, Balch, Brown, Frey, Jennings, Jones of Hickman, Laughlin, Marshall, Reneau, Smith, Sevier Turney, Walton and Warner-14.

And so said motion was rejected.

Mr. Gillespy then moved to amend the said amendment by striking therefrom the words "shall continue," and inserting in lieu thereof the word "thereafter," which motion prevailed.

The said amendment was further amended on motion of Mr. Coe, by striking therefrom the word "now" and the words "by law."

The question then recurred upon the reception of the said amendment, and being thereon had, it was accepted.

Mr. Jennings moved further to amend the said resolution by adding the following, to wit:

And provided nothing herein contained, shall be construed to alter the apportionment of the Union, Planters or Memphis Banks, if such alteration shall interfere with vested rights.

Mr. Coe moved to lay the foregoing amendment on the table, and thereupon the question was had and determined in the affirmative; ayes 14, noes 9.

The ayes and noes being demanded the affirmative voters were

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

Those who voted in the negative were

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

And so said amendment was ordered to the table.

Mr. Marshall thereupon offered the following amendment to the said resolution to wit:

Provided nothing herein contained, shall be construed into an authority to increase the banking capital of the State, and the sense of the Senate being thereon had, the said amendment was accepted.

The reading of the said resolution was then called for (as amended) which is in the following words, to wit:

Resolved by the General Assembly of the State of Tennessee, That the committee on banks, be instructed to report a bill providing for the fair apportionment of the banking capital of this State; provided, that if any new distribution of the capital of the Bank of Tennessee to the several divisions of the State be made, or to different sections of the same division, that loans shall thereafter be made as directed to the people of the several counties of this State, according to the provisions of the 17th section of the bank charter. And provided nothing herein

contained, shall be construed into an authority to increase the banking capital of the State.

The question was then had upon the adoption of the said resolution, and determined in the affirmative-ayes 18, noes 5.

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

Messrs. Aiken, Anderson, Balch, Brown, Coe, Gaines, Gillespy, Hardwicke, Jones of Hickman, Jones of Lincoln, Laughlin, Reneau, Terry, Turney, Warner, Wheeler, Yoakum and Speaker Love-18. The negative voters were

Messrs. Frey, Jennings, Marshall, Sevier and Walton-5.

And so said resolution was adopted.

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

A Bill from the House of Representatives to amend an act entitled an act to dispose of the lands in the Ocoee District, passed the 19th November 1837, was read.

Mr. Gillespy offered an amendment thereto which was received; the bill was thereupon read as amended a first time and passed.

A resolution from the House of Representatives proposing to raise a Joint Select Committee on the subject of medical societies, was on motion of Mr. Aiken taken up, read and concurred with. The Speaker appointed Messrs. Walton and Jennings to be said committee on the part of the Senate.

A Bill to incorporte a Turnpike and Bridge company from Johnsville across Reelfoot lake to the Mississippi river, was amended on motion of Mr. Marshall, so as to increase the capital stock of said company if necessary to the sum of forty thousand dollars.

The said bill was thereupon read a third time, passed, and ordered to be transmitted to the House of Representatives.

And then the Senate adjourned.

FRIDAY MORNING, Nov. 22, 1839.

Mr. Speaker Love presented the report of the President and Directors of the Hiwassee Rail Road, made in obedience to certain resolutions of the General Assembly of the State of Tennessee, which was read and referred to the committee on Internal Improvement.

A resolution from the House of Representatives, directory to the Register of the Western District was taken up on motion of Mr. Jones of Lincoln, read and referred to the committee on Public Lands.

A Bill to establish the county of Polk was taken up and read. Mr. Gillespy offered an amendment thereto in lieu of the whole from the enacting clause.

Mr. Yoakum moved to amend the said amendment by striking therefrom the 17th section thereof, which motion was lost.

Mr. Turney moved to amend the said amendment by striking out the name "Benton," wherever it occurs in the same, and inserting in

lieu the name of "Keith," and thereupon the question was had and 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, Gaines, Jennings, Marshall, Reneau, Sevier and Terry-9.

Those who voted in the negative were,

Messrs. Ashe, Balch, Coe, Gillespy, Hardwicke, Jones of Lincoln, Jones of Hickman, Laughlin, Smith, Turney, Walton, Warner, Wheeler, Yoakum and Speaker Love-15.

And so said motion was rejected.

Mr. Yoakum thereupon offered an amendment to the said amendment providing for the holding an election at the different precincts in the fractions taken from the counties of McMinn and Bradley; and if a majority of the qualified voters in each fraction shall be in favor of a new county, then the same shall be established, and thereupon the question was had and determined in the affirmative-ayes 14, noes 9. The ayes and noes being demanded, the affirmative voters were

Messrs. Anderson, Balch, Brown, Frey, Gaines, Jennings, Jones of Lincoln, Jones of Hickman, Marshall, Reneau, Sevier, Turney, Warner and Yoakum--14.,

The negative voters were

Messrs. Aiken, Coe, Gillespy, Hardwicke, Laughlin, Smith, Walton, Wheeler and Speaker Love-9.

And so said amendment was accepted.

Mr. Gillespy thereupon moved to lay said bill and amendment on the table, which motion prevailed.

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

Mr. Speaker: The House of Representatives did this day sign an enrolled act, entitled "an act to make more public an act passed Dec. 11th 1837, establishing De Kalb county.

The act was signed by the Speaker of the Senate, and ordered to be engrossed in the office of the Secretary of State.

Mr. Marshall introduced

A Bill to preserve the purity of elections, which was read a first time and passed.

Mr. Turney introduced

A Bill to make indictable all horse racing where the distance to be run is less than one mile and for other purposes. And

Mr. Marshall introduced

A Bill to restore certain persons to the rights and privileges of citizens; both of which were read a first time and passed.

The resolution heretofore submitted by Mr. Smith, proposing to appoint a Joint Select Committee on agriculture and manufacture, was taken up, read and adopted. The Speaker appointed Messrs. Smith, Wheeler and Sevier to be of said committee on the part of the Senate. Ordered, That the clerk acquaint the House of Representatives therewith and ask their concurrence therein.