445 30 applicable to other liabilities as exhibited in the above state

ment.

It is proper also to remark, that to determine the actual profits of the Bank to this date, the interest on Bonds, Stocks, &c., and also the Dividends on Bank Stock held by this Bank, must be carried to the account of Profit and Loss, as they will be in making up the account for the next semi-annual Dividend. And that on the other hand there must be deducted from the profit side of that account, unclaimed dividends, the amount of which is not at present exactly ascertained, becanse of informalities in the returns of some of the Commissioners who received the Bank instalments, and from the fact that in many cases, certificates of stock have not been taken out, and the Dividends by resolution of the Board of Directors, are only payable in that event. JAMES LEGARE, President. JAMES G. HOLMES, Cashier. On motion of Mr. Brown it was ordered that the foregoing message and accompanying documents be transmitted to the House of Representatives, and that one hundred copies thereof be printed for the use of the Senate,

Mr. Jones of Lincoln presented the memorial of sundry citizens of Lewisburg in Marshall county, in relation to the proceeds of the sale of lots in said town, was referred on his motion to the committee on the Judiciary.

Mr. Marshall introduced

A Bill to define the duty of Rangers and for other purposes, and of fered an amendment thereto in lieu of the fourth section of said bill, was received.

The bill was thereupon read a third time and the question "shall the bill pass," being thereon had, it was determined in the affirmativeayes 21.

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

Messrs. Anderson, Ashe, Balch, Brown, Frey, Gaines, Gillespy, Hardwicke, Jones of Hickman, Jones of Lincoln, Laughlin, Marshall, Reneau, Sevier, Smith, Turney, Warner, Walton, Wheeler, Yoakum and Speaker Love-21.

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

Mr. Laughlin from the committee on the Judiciary, to whom was referred a Bill supplemental to an act passed on the 22d of Dec. 1835 entitled, an act to establish Chancery Courts, reported that the committee have had the same under consideration, and had instructed him to report an amendment in lieu of the whole from the enacting clause, and to recommend its passage.

The said amendment was received, the bill read as amended a second time and passed.

Mr. Laughlin from the same, to whom was referred the petition of Sherod Barber, a man of color, reported that the committee have had the same under consideration, think the prayer of the petitioner reason

able and ought to be granted, and had therefore instructed him to report a Bill concerning the emancipation of slaves, and to extend the benefits of the act of 1835 ch. 81, and to recommend its passage.

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

Mr. Laughlin from the same committee, to whom was referred, a Bill to prohibit the practice of permitting slaves to act as if they were free persons of color, reported that the committee have had the same under consideration, think the provisions reasonable, and had instructed him to recommend its passage.

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

Mr. Gillespy returned with an amendment in lieu of the whole from the enacting clause, a Bill for the relief of such persons as made improvements upon school sections of land in the Ocoee district.

The said amendment was received, the bill read as amended a second time and passed.

Mr. Marshall submitted the following:

Resolved, That the committee on the Penitentiary, be instructed to enquire into the expediency of providing by law, that the superintendent of the Penitentiary shall pass his accounts before the Chancery Court, in which the county of Davidson is from term to term upon a bill filed by the Attorney of the District for the purpose, and that said committee report by bill or otherwise.

And the rule being suspended, said resolution was adopted.

Mr. Reneau reported as correctly enrolled, an Act to extend the corporate limits of the town of Fayettville in Lincoln county, which was signed by the Speaker of the Senate and ordered to be transmitted to the House of Representatives.

Mr. Reneau submitted the following Preamble and Resolution.

Whereas, there are many persons who have grants that have lost the lands for which they issued, and also many persons who have warrants which they say have never been satisfied, and both claim the aid of legislation to enable them to obtain what they alledge is their rights. And whereas also it is unreasonable to legislate for the benefit of one claimant, or one class of claimants without making similar provisions for all, whose claims are equally good with that of the individuals or class of individuals for whose benefit we do legislate, And whereas our legislation to be just and constitutional ought to be general and equal to all, and not special and partial, Therefore,

Resolved, That the committee to whom this subject has been referred be, and they hereby are instructed to inquire into the propriety of adjudicating grants heretofore issued for lands south of French Broad and Holston, and between the rivers Big Pigeon and Tennessee, where the lands for which they issued have been lost, and the issuing of certificate warrants to all 'such claimants; provided that such claimant shall produce a copy of the warrant and which such grant issued; and provided also, that it does not appear that any warrant or certificate has heretofore issued on said grants.

A Bill to amend an act entitled, an Act to dispose of the lands in the

Ocoee district, passed the 29th Nov. 1837, was read a third time and passed-ayes 22, noes 1.

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

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

Mr. Anderson voting in the negative.
And thereupon the Senate adjourned.

THURSDAY MORNING, Nov. 28, 1839. On motion of Mr. Hardwicke the petition of William B. Young & Co. was referred to the committee on the Judiciary.

The petition of James Spencer was referred on motion of Mr. Terry, to the committee on the Ocoee district.

A resolution directory to the Register of the Western District from the House of Representatives, was taken up and read, and amended on motion of Mr. Jones of Lincoln, by adding thereto after the word "accident," the following:

And that when lost or destroyed they had written in the face of each "satisfied or appropriated."

The resolution was again read as amended and adopted.

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

A Bill giving further time for surveying further entries and obtaining grants thereon, was read a third time and passed-ayes 21.

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

Messrs. Anderson, Ashe, Balch, Brown, Coe, Frey, Gillespy, Hardwicke, Jennings, Jones of Lincoln, Jones of Hickman, Laughlin, Marshall, Reneau, Sevier, Turney, Terry, Walton, Warner, Wheeler, and Speaker Love-21.

And so said bill passed its third and last reading in both Houses.
Mr. Reneau introduced

A Bill to lessen the expenses of settling with guardians in certain cases, which was read a first time and passed.

A message from the House of Representatives, proposing an amendment to the bill to suspend so much of an act entitled an Act to estab lish a State Bank to raise a fund for internal improvovement, and to aid in the establishment of a system of education, passed the 19th Jan. 1838, as authorizes the Governor of the State to issue the bonds of the State, was taken up, read, and non-concurred with.

Ordered, That the clerk acquaint the House of Representatives therewith.

On motion of Mr. Turney the Senate took up and considered the

resolution heretofore ordered to the table, providing for the election of an additional clerk for the Senate when necessary.

Mr. Turney moved to amend said resolution by striking therefrom the words "when necessary," for the purpose of inserting in lieu thereof the words "on to-morrow," which motion prevailed.

-Mr. Jones of Hickman, therefore moved further to amend by providing that the clerk to be elected should not receive for his services a sum exceeding four dollars per day.

Mr. Coe moved to lay said amendment on the table. And thereupon the question was had and determined in the affirmative-ayes 16, noes 6.

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

Messrs. Ashe, Balch, Brown, Coe, Frey, Gillespy, Jennings, Jones of Lincoln, Laughlin, Reneau, Sevier, Terry, Turney, Walton, Warner and Speaker Love-16.

Those who voted in the negative were

Messrs. Anderson, Hardwicke, Jones of Hickman, Marshall, Wheeler and Yoakum-6.

And so said amendment was ordered to the table.

The said resolution was thereupon put upon its adoption, and the question thereon being had, it was determined in the negative-ayes 12, noes 12.

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

Messrs, Aiken, Coe, Gillespy, Hardwicke, Jones of Lincoln, Laughlin, Smith, Terry, Turney, Warner, Yoakum and Speaker Love-12. Those who voted in the negative were,

Messrs. Anderson, Ashe, Balch, Brown, Frey, Jennings, Jones of Hickman, Marshall, Reneau, Sevier, Walton and Wheeler-12. And so said resolution was rejected.

Mr. Jones of Lincoln introduced

A Bill to amend the criminal laws of this State, which was read a first time, passed, and referred to the committee on Ways and Means. Mr. Jones of Hickman introduced

A Bill to protect county creditors, 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 amend an act entitled, "An act to dispose of the lands in the Ocoee district, passed the 29th Nov. 1837.

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. Yoakum submitted the following:

Resolved, That the committee on Education and Common Schools, be instructed to enquire into the expediency of abolishing the distinction between the taxes on school lands and taxes on deeded lands,

so that all the taxes may be collected and accounted for, as of deeded land, and that a specific sum in lieu thereof be appropriated from the Treasury.

A Bill from the House of Representatives to establish the county of Powell, was read a first time and passed.

Mr. Balch asked and obtained leave to withdraw the said bill for amendment.

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

Mr. Speaker: The House of Representatives again non concur with the Senate's amendment to the bill establishing the county of Polk, which proposes to give to the commissioners for the use of said county four instead of two sections of land.

And then he withdrew. Whereupon the Senate receded from their said proposed amendment.

Mr. Balch asked and obtained leave to withdraw for amendment, a Bill to amend the practice in the courts of chancery.

A bill for the benefit of the occupant settlers south and west of the congressional reservation line being read, Mr. Coe offered an additional section as an amendment thereto, which was received.

The bill read as amended a third and last time, and the question 'shall the bill pass," being thereon had, it was determined in the affirmative-ayes 19. The voters were

Messrs. Aiken, Anderson, Brown, Balch, Coe, Frey, Gillespy, Jennings, Jones of Hickman, Jones of Lincoln, Marshall, Reneau, Sevier, Terry, Turney, Warner, Walton, Wheeler and Speaker Love-19. And said bill passed its third reading.

A Bill concerning the emancipation of slaves, and to extend the benefits of the act of 1833, ch. 81, being read, Mr. Coe offered an amendment thereto which was accepted.

Mr. Reneau thereupon asked and obtained leave to withdraw the same for amendment.

A Bill to prevent public county roads from being obstructed by certain turnpike companies and others, was taken up and read.

Mr. Jones of Hickman moved to strike out the word "six," and insert the word "ten," which motion prevailed.

The said bill was thereupon read a third time, and the question "shall the bill pass," being thereon had, it was determined in the affirmative, ayes 15, noes 7.

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

Messrs. Anderson, Ashe, Balch, Brown, Coe, Frey, Hardwicke, Jennings, Jones of Hickman, Jones of Lincoln, Marshall, Reneau, Wheeler, Yoakum and Speaker Love-15.

The said bill was on motion of Mr. Coe ordered to the table.

The petitions of sundry citizens of the fractions of Smith and Sumner counties in relation to a new county, was on motion of Mr. Walton referred to the committee on new Counties and County lines.