Messrs. Aiken, Brown, Coe, Frey, Gaines, Gillespy, Jennings, Reneau, Sevier, Turney and Speaker Love-12.

The negative voters were

Messrs. Anderson, Balch, Hardwicke, Jones of Hickman, Jones of Lincoln, Laughlin, Walton, Warner, Wheeler and Yoakum-10. And so said motion prevailed.

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

And before the Governor shall issue the additional bonds provided for by this act, the stockholders shall give bond binding themselves jointly and severally and individually for the payment of all the stock by them subscribed in the stock of said roads, in lieu of which Mr. Coe offered the following, to wit:

And the State shall have a lien upon the private property of the stockholders to the same extent as provided by the internal improvement law of 1838; which amendment was accepted.

Mr. Jones of Hickman moved to refer the bill to the committee on Internal Improvement.

Mr. Yoakum moved an adjournment until Monday morning 9 o'clock, and thereupon the question was had and determined in the affirmative, ayes 14, noes 9.

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

Messrs. Anderson, Aiken, Balch, Frey, Gaines, Jennings, Reneau, Sevier, Terry, Turney, Walton, Warner, Wheeler and Yoakum-14. Those who voted in the negative were

Messrs. Brown, Coe, Gillespy, Hardwicke, Jones of Hickman, Jones of Lincoln, Laughlin, Smith and Speaker Love-9. And so the Senate adjourned.

MONDAY MORNING, Nov. 25, 1839. Mr. Warner from the committee on Claims, to whom was referred a Bill for the relief of certain purchasers and assignees of purchasers of reservations in the Hiwassee district. And

A Bill to extend the benefits of the first section of the act of 1829, ch. 40, to certain purchasers of land in the Hiwassee district, reported that the committee have had the same under consideration, and had instructed him to report in lieu of said bill from their enacting clauses a bill for the relief of certain purchasers and assignees of purchasers of reservations in the Hiwassee district and for other purposes, and had instructed him to recommend its passage.

Mr. Gillespy moved to amend the fourth section of said reported bill by adding thereto the following:

And they shall in making payment or failing to do so, be entitled to the same benefits, and subject to the same rules, regulations and restrictions of other purchasers and assignees of purchasers in the Hiwassee district, under the first section of an act of 1829, ch. 40, and the

question of acceptance being thereon had, it was determined in the negative-ayes 4, noes 18.

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

Messrs. Gaines, Gillespy, Hardwicke and Terry-4.

The negative voters were

Messrs. Anderson, Brown, Balch, Coe, Frey, Jennings, Jones of Hickman, Jones of Lincoln, Laughlin, Reneau, Sevier, Smith, Turney, Walton, Warner, Wheeler, Yoakum and Speaker Love-18.

And so said amendment was rejected.

Mr. Balch thereupon offered an amendment in lieu of the whole as reported by the committee, and thereupon the question was had and determined in the affirmative-ayes 12, noes 10.

The ayes and noes being demanded, the affirmative voters were

Messrs. Anderson, Balch, Coe, Frey, Gillespy, Hardwicke, Jennings, Jones of Hickman, Laughlin, Sevier, Walton and Yoakum-12. Those who voted in the negative were

Messrs. Brown, Gaines, Jones of Lincoln, Reneau, Smith, Turney, Terry, Warner, Wheeler and Speaker Love-10.

And so said amendment was accepted.

Mr. Laughlin thereupon moved a reconsideration of the vote just taken.

Mr. Anderson moved to lay the whole upon the table, which motion prevailed.

Mr. Warner from the same committee, to whom was referied a Bill for the relief of John W. Fowler, reported that the committee have had the same under consideration, think its provisions reasonable, and had instructed him to recommend its passage. Whereupon the said bill was read a second time and passed.

Mr. Laughlin from the committee on the Judiciary, reported a Bill to provide for the correction of the survey of range 4, west of the basis line in the Ocoee district, which was read a first time and passed.

Mr. Gillespy from the committee on Internal Improvement, to whom was referred a Bill to repeal part of an act passed the 19th of Jan. 1838, entitled an act to establish a State Bank to raise a fund for Internal Improvement and to aid in the establishment of a system of education, reported that the committee have had the same under consideration, and had instructed him to report a bill in lieu of the whole from the enacting clause, entitled a Bill to repeal all laws authorizing the Governor of the State of Tennessee to subscribe for stock or issue bonds of the State of Tennessee, for works of internal improvement not herein provided for, and to recommend its passage.

Mr. Wheeler moved a non-concurrence with so much of said report as relates to the improvement of the navigation of rivers.

Mr. Gillespy moved to lay the report, bill and motion on the table, which motion prevailed.

Mr. Gillespy from the same, to whom was referred 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, reported that the committee have had the same under consideration, think it unreasonable, and had instructed him to recommend its rejection.

Mr. Coe moved to lay the said report on the table, which motion prevailed.

Mr. Gillespy from the same, to whom was referred a Bill to repeal part of an act passed the 11th day of Jan. 1838, entitled an act to distribute one hundred thousand dollars among the several counties in Middle Tennessee and for other purposes, reported an amendment thereto, and with the amendment recommended its passage.

Mr. Laughlin moved to lay the bill and amendment on the table, which motion prevailed.

Mr. Gillespy from the same, to whom was referred a Bill to prevent public county roads from being obstructed by certain turnpike companies and others, reported that the committee have had the same under sonsideration, think its provisions reasonable and just, and had instructed him to recommend its passage. Whereupon the said bill was read a second time and passed.

Mr. Yoakum submitted the following:

Resolved by the General Assembly of the State of Tennessee, That the joint select committee on common school monies, be directed to count the notes of the old State Bank now in the hands of the superintendent of public instruction and to burn the same.

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. Yoakum from the committee on public lands, to whom was referred a resolution directory to the register of the Western District, and a resolution directory to the Secretary of State, reported that the committee have had the same under consideration, think them reasonable, and had instructed him to recommend their adoption.

On motion of Mr. Coe the said report was ordered to the table.

Mr. Yoakum from the same committee, to whom was referred a Bill for the benefit of the occupant settlers south and west of the congressional reservation line, reported that the committee have had the same under consideration, and had instructed him to report several amendments thereto, and with the amendments to recommend its passage.

Mr. Gillespy offered the following amendment thereto, to wit:

Provided that no such occupant shall be entitled under this act, to more than one entry by virtue of an improvement.

Mr. Coe moved to lay the said amendment on the table. And thereupon the question was had and determined in the affirmative-ayes 18, noes 5.

The ayes and noes being demanded, the affirmative voters were

Messrs. Aiken, Ashe, Anderson, Brown, Balch, Coe, Frey, Gaines, Hardwicke, Jennings, Jones of Lincoln, Jones of Hickman, Laughlin, Marshall, Sevier, Terry, Wheeler and Speaker Love-18.

The negative voters were,

T

Messrs. Gillespy, Reneau, Smith, Turney and Warner-5. And so said amendment was ordered to the table.

Whereupon Mr. Gillespy offered an amendment to said bill providing that the several county offices shall remain open for the purpose of making occupant entries and making the same on the general plan until the first day of Sept. 1841; and providing further, that no entries shall be made south and west of the congressional reservation line after the said first day of Sept'r. 1841, except by virtue of a bona fide, warrant or certificate.

Mr. Coe moved to lay the said amendment on the table. And thereupon the question was had and determined in the affirmative-ayes 19, noes 4.

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

Messrs. Aiken, Anderson, Ashe, Balch, Brown, Coe, Frey, Gaines, Hardwicke, Jennings, Jones of Hickman, Jones of Lincoln, Marshall, Reneau, Sevier, Turney, Warner, Yoakum and Speaker Love-19. Those who voted in the negative were,

Messrs. Gillespy, Laughlin, Smith and Wheeler-4.

And so said amendment was ordered to the table.

Mr. Ashe thereupon offered an amendment in lieu of all that part of the seventh section of said bill after the words "have the same." And the sense of the Senate being thereon had, the said amendment was accepted.

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

Mr. Reneau reported as correctly enrolled, an act to ascertain and equalize the prison bounds throughout the State.

The said act was signed by the Speaker of the Senate and ordered to be transmitted to the House of Representatives.

Mr. Jennings moved that all bills and resolutions relating to internal improvements with all proceedings thereon, together with so much of the messages of the late and the present Governor as appertains to the same subjects, be referred to the committee on Internal Improvements, with instructions to report a single bill embracing in its provisions all amendments and alterations heretofore proposed, or that said committee shall think proper to propose in the existing laws on the subject herein mentioned.

To which Mr. Coe offered the following as an amendment, to wit:

Except the bill to amend an act entitled an act to incorporate the Lagrange and Memphis Rail Road Company, passed Dec. 14th 1838, and the internal improvement acts of 1836 and 38, which amendment was accepted by Mr. Jennings.

Mr. Coc moved further to amend by providing that the Internal Improvement committee be remodeled and reduced to five.

Mr. Wheeler moved to strike out the amendment in relation to the Lagrange and Memphis Rail Road bill, during the pendency of which, on motion of Mr. Warner,

The Senate adjourned.

TUESDAY MORNING, Nov. 26, 1839.

Mr. Gillespy presented the communication of the Trustees of Oak Grove Academy in Bradley county in relation to their portion of the Academy fund, which was read and referred on his motion to the committee on Education and Common Schools.

Mr. Hardwicke presented the petition of W. B. Young & Co., which was read and ordered to the table.

Mr. Speaker Love presented a communication from John Smith, advising many amendments to the laws of registration and probate, which was read and ordered to the table.

Mr. Anderson presented a remonstrance of 106 individuals of Wilson county against a repeal of the tippling act of 1837, which was ordered to be transmitted to the House of Representatives.

Mr. Laughlin offered the following:

Resolved, That the committee on the Judiciary, be instructed to en- . quire and report by bill or otherwise, whether it is proper and expedient to make some provision by law for administration on estates of deceased persons, where the next of kin, creditors and other persons now entitled by law to the right of administration shall fail or refuse to administer.

And the rule being suspended said resolution was adopted.

Mr. Hardwicke returned a Bill to amend the act of 1827, ch. 30, entitled an act in relation to the change of venue in criminal causes, with an amendment thereto, providing for a repeal of so much of the act of 1835, ch. 78, as requires the oath of three disinterested persons in civil causes.

The said amendment was accepted.

Mr. Jones of Hickman moved a reconsideration of the vote just taken accepting the said amendment, which motion prevailing Mr. Brown offered the following as an amendment to the said amendment, to wit:

In all cases where the venue is changed from one county to another and the party changing the same fails to prosecute his suit with effect, he shall pay the opposite party one dollar per day and all reasonable expenses by him or them expended while attending any suit so charged. Mr. Turney moved to lay said amendment on the table, which motion prevailed.

Mr. Turney thereupon offered the following as an amendment to said bill, to wit:

Provided that in all cases where it shall become necessary under the provisions of this act to change the venue, the defendant shall have the privilege to choose and select to which county in the district or circuit his cause shall be changed for trial.

To which Mr. Wheeler offered the following as an amendment thereto, to wit:

And provided further, nothing in this act contained, shall be so construed as to authorize the change of venue until two ineffectual trials to empanel a jury have been had in the county where the offence was committed; unless changed by the consent of the defendant. And the sense of the Senate being had on the said last amendment, it was re