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jected. Mr. Jones of Lincoln thereupon moved the following as an amendment to that of Mr. Turney's, to wit:
Provided always, should the criminal decline or refuse to make such election, then the court shall determine to what county the cause shall be removed for trial, which was accepted by Mr. Turney.
The said amendment was thereupon received as a part of said bill.
Resolved, That the committee on the Penitentiary, be instructed to examine and report to this General Assembly, whether or not there has been any injustice done the State of Tennessee by any agent or agents of the Penitentiary in buying articles for the use of said institution, or in selling articles manufactured therein, or whether any agents thereof are making for themselves by buying or selling any articles as aforesaid contrary to the interest of the State, and whether all articles are purchased as aforesaid contrary to the interest of the State, and whether all articles as aforesaid are purchased and sold upon as good terms as practicable. And whether it is expedient to appoint an agent whose duty it shall be to buy all articles needed at the Penitentiary, and to sell all articles manufactured thereat, with such other duties as said committee shall deem expedient to assign to such agent, Said committee are hereby invested with power to send for persons and papers and to compel such persons to testify to and answer any interrogations propounded to them by said committee. The chairman of which is hereby authorized to administer oaths to any person brought before them as aforesaid.
And the rule being suspended, said resolution was adopted.
A Bill supplemental to an act passed on the 22d day of Sep. 1835, entitled an act to establish Chancery Courts, which was read a first time passed and referred to the committee on the Judiciary.
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 allow an additional civil district to counties in this State under certain restrictions."
And then he withdrew. Whereupon the Speaker of the Senate signed said enrolled act, and ordered it to be deposited in the office of the Secretary of State.
Mr. Wheeler submitted the following Preamble and Resolutions, to wit:
Whereas, The Union Bank of Tennessee, the Planters Bank of Tennessee and the Farmers and Merchants Bank of Memphis were chartered by the Legislature of the State of Tennessee, for the purpose of creating mutual advantages to the good people of said State and to the stockholders of said banks respectively, And whereas honesty and fair dealing require that said banks should in good faith, for the benefits and advantages conferred on said institutions save inviolate their char. ters; And
Whereas, said banks did in the spring of 1837 suspend specia payments, and refused to redeem their notes in gold and silver coin when presented at their counters, as by their charters they were bound to do for the time of
months, during which time the note holders of said banks respectively suffered great loss and much inconvenience, and during which time said banks were realizing larger than usual profits. And again on the morning of the
of October last, said banks suspended specie payments and again refused to redeem their notes in gold or silver coin when presented at their counters, much to their immediate advantage and greatly to the disadvantage and a pecuniary loss to the citizens of Tennessee and contrary to every principle of right, justice, and honesty, And
Whereas by such suspensions, together with other wrongs believed to have been committed by said banks, this General Assembly have deliberately resolved and determined that said banking institutions have respectively forfeited their charters. But believing also, that the interest of many of the citizens of the State of Tennessee are identified with the continuation of the corporate existence of said banks; and that by causing said banks to wind up their business speedily, somé inconvenience or embarrassment might arise to many of the citizens aforesaid. Therefore
Be it resolved by the General Assembly of the State of Tennessee, That the following propositions be made to the several banks aforesaid, and that they be allowed thirty days to accept or reject the same, and if accepted, it shall become one section of their respective charters in manner hereinafter specified, viz:
Section-Be it further enacted, That within sixty days from the adoption of the aforesaid resolution by this General Assembly, the Union Bank of Tennessee, the Planters Bank of Tennessee, and the Farmers and Merchants Bank of Memphis, shall each resume in good faith specie payment, and should either of said banks or any of their branches again suspend and again refuse to redeem their notes in gold or silver when presented agreeably to their charters, for the space of more than thirty days in one year, then and in that case the charter of said bank is declared null and void; and it shall be the duty of the Governor for the time being, by proclamation, to declare such corporation dissolved and said bank with all its branches shall be wound up as soon as justice and propriety will permit, having due regard to the interest of the bank and its debtors in manner hereinafter directed. And said banks shall not issue any note intended for circulation after the first day of January 1841, of a less denomination than ten dollars. And if any or either of said banks shall forfeit its charter by suspension or in any other manner to be declared by the decision of the courts as provided for in the respective charters, then and in either of said cases the Governor of the State shall appoint nine commissioners who shall act as directors, and shall be good and responsible men and not in any wise interested in said bank, and who shall be under the same rules, regulations and restrictions as the directors whom they supercede, and shall have the same powers and privileges to wind up said banking concern;
and shall continue the cashier or appoint another in his stead as they may think the interests of the bank and the community may require. And should the President or directors or any of them refuse to surrender up all and every thing which pertain to said bank for the purpose of preventing said commissioners from speedily bringing the affairs of said banking corporation to a close, or withold any money, note, check, or other thing of value which belongs to said banking company, then and in either of said cases such person or persons shall be held and deemed guilty of felony, and shall upon conviction thereof be sentenced to confinement in the Jail and Penitentiary of this State for a period of not less than five nor more than twenty years. And it shall also be the duty of the Governor to appoint five commissioners at each of the branches of said banks as directed for the principal bank, who shall have the same powers as those appointed at the principal bank, and shall be under the direction of the commissioners of the principal bank with regard to the management of said branches respectively; and the President and Directors of the respective branches shall surrender up all and every thing as required of the President and Directors of the principal bank, and on refusal shall be subject to the same fines and penalties as prescribed for the President and Directors of the principal bank, and it is hereby made the duty of said commissioners to close said banking corporation in striet conformity with the charter of said bank. And the Governor shall make such allowance to said commissionera for their respective services as he shall think reasonable and right, to be paid out of the funds of said bank. Now therefore,
Be it further resolved, That if said banks or any or either of them shall agree within the thirty days before mentioned to receive the above section as an additional section to their respective charters, each one of them so accepting shall make the same known by the President thereof to the Governor of the State; who shall forth with by proclamation make known the same to the people of the State of Tennessee, by having the same published in some of the newspapers in the town of Nashville, and from thence forward such section shall be taken and held as an additional section to each bank so as aforesaid accepting. And
Resolved further, That if said banks, or any or either of them shall refuse to accept the additional section to their respective charters, then and in that case at the expiration of the thirty days, it shall be the duty of the Attorney General for the State to apply to the Supreme Court of Errors and Appeals for a scire facias to issue as directed by the respective charters of the Union Bank of Tennessee and Planters Bank of Ten., to show cause why their respective charters are not forfeited. And it is also made the duty of the Circuit Court of Shelby county to issue a scire facias against the Farmers and Merchants Bank of Nemphis in conformity of the 13th section of the charter of said bank, and it is hereby made the duty of the Attorney General for the district to prosecute said suit to judgment. And the said courts respectively shall specify in either respective scire facias as the ground upon which said forfeiture of charter is claimed, the suspension of said banks in 1937, their suspension at the present time, their having
over issued and their having granted accommodations not authorized but prohibited by their charters; and it shall be the duty of the Attorney General for the State to prosecute the scire facias against the Union and Planters Banks to final judgment.
Mr. Terry submitted the following:
Resolved by the General Assembly of the State of Tennessee; That the joint committee on Banks, be instructed to report a bill requiring the Bank of Tennessee and its several branches to suspend the collection of discount on their loans for the term of two years.
Mr. Marshall introduced
A Bill to repeal all laws authorizing the Governor to subscribe for stock on behalf the State in any internal improvement and for other purposes, which was read a first time, passed, and one hundred copies thereof ordered, on motion of Mr. Jones of Lincoln, to be printed for the use of the Senate.
A resolution heretofore submitted by Mr. Laughlin, directory to the eommittee on the Penitentiary in relation to the manufacture and sale of articles by the convicts in said institution, was taken up, read and adopted.
Mr. Gillespy introduced
A Bill to authorize Thomas Neal and David McNabb to enter two quarter sections of land in the Ocoee district.
A Bill to amend an act entitle an act to incorporate the Hiwassee Rail Road Company passed in 1836, both of which were severally read a first and passed.
A Bill to carry into operation the Lunatic Hospital, was taken up, and the motion of Mr. Jennings heretofore made to print five copies thereof for the use of the Senate, was put and determined in the affirmativeayes 12, noes 9.
and noes being demanded the affirmative voters were Messrs. Balch, Brown, Gillespy, Hardwicke, Jones of Lincoln, Laughlin, Marshall, Sevier, Smith, Warner, Yoakum and Speaker Love-12.
The negative voters were,
Messrs. Anderson, Coe, Frey, Gaines, Jones of Hickman, Reneau, Turney, Walton and Wheeler-9.
And so said motion prevailed.
On motion of Mr. Laughlin the said bill was referred to the commitof the Whole, and made the order of the day for Friday next.
A message from the House of Representatives proposing two several amendments to the bill to establish the county of Polk, was taken up and read. The first proposition to amend the fifth section of the said bill by adding there to the names of Thomas Harper and John Hannah as commissioners was concurred with. And the second proposition to amend the 17th section by striking out the word "four” and inserting the word “one,” was non-concurred with.
Ordered, That the clerk acquaint the House of Representatives therewith.
Mr. Turney submitted the following:
Resolved, That after the morning's business, the bills upon the table shall be taken up and acted upon in the order in which they stand.
And the rule being suspended said resolution was adopted.
A Bill to amend an act entitled an act to dispose of the lands in the Ocoee district passed the 29th November 1837, being read, Mr. Gillespy offered an amendment thereto which was accepted.
The bill was read a second time and passed.
A Bill for the relief of John H. Johnson, was referred on motion of . Mr. Turney to the committee on Claims.
A Bill from the House of Representatives to alter a part of the dividing line between the counties of Blount and Sevier.
A Bill to give to Jackson College the Academy fund of Maury county and for other purposes.
A Bill to encourage the growth and manufacture of silk in the State of Tennessee.
A Bill giving Johnson county the State tax for 1840 and '41.
A Bill to give to the citizens residing in the fractional parts of Marshall county, the privilege to file bills and answers in chancery in either courts held in Shelbyville, Fayetteville or Columbia, all of which was severally read a first time and passed.
The bill giving to Johnson county the State tax for the year 1840 and '41, was referred on motion of Mr. Frey to the committee on Ways and Means.
A Bill for the relief of Erby Boyd of Bradley county, was read a second time and passed.
A Bill to incorporate the Bersheba Calebiate Springs in the county of Warren being read, Mr. Laughlin offered an additional section as an amendmens thereto, which was received.
The bill read as amended a second time and passed.
A Bill for the benefit of James Vaughn of Monroe county, was referred to the committee on Claims.
A Bill for the relief of the citizens of Washington county, was read a third time, and the question "shall the bill pass,” being thereon had, it was determined in the affirmative-ayes 16, noes 5.
The ayes and noes being demanded, those who voted in the affirmative were
Messrs. Aiken, Ashe, Brown, Coe, Gaines, Gillespy, Hardwicke, Jennings, Jones of Lincoln, Laughlin, Reneau, Terry, Turney, Walton and Speaker Love-16.
Those who voted in the negative were
And so said bill passed its third reading, and was ordered to be engrossed and transmitted to the House of Representatives.
The resolution heretofore submitted by Mr. Speaker Love, directory to the Secretary of State in relation to land warrant, No. 1239, was taken up and read.
Mr:Reneau offered the following amendment thereto, to wit: