On motion of Mr. Warner, Ordered, That 200 copies of the foregoing report be printed for the use of the Senate.

Mr. Jones of Lincoln moved that 2000 copies of the said report, be printed for the use of the Senate in addition to the 200 copies already ordered.

And thereupon the question was had and determined in the affirmative-ayes 13, noes 8. The ayes and noes being demanded, those who voted in the affirmative were

Messrs. Anderson, Balch, Gillespy, Hardwicke, Jennings, Jones of Hickman, Jones of Lincoln, Laughlin, Smith, Warner, Wheeler, Yoakum and Speaker Love-13.

The negative voters were

Messrs. Aiken, Ashe, Brown, Frey, Marshall, Reneau, Sevier and Turney-8.

And so said motion prevailed.

Mr. Yoakum submitted the following, to wit:

Resolved, That the committee on the Judiciary, be instructed forthwith to report a bill providing that, if any Treasurer, Sheriff or Clerk of any of the courts in this State-county Trustee, Register, Agent, for the collection of common school monies or any other officer in this State, who is by law entrusted with the collection, safe keeping or disbursement of the public money of this State, shall convert to his own use in any way whatever, or shall use by way of investment in any kind of real or personal property or merchandize, or shall loan with or without interest, any portion of public money by him collected, or entrusted to him for safe keeping, disbursement or transfer or for any other purpose, such oilicer as aforesaid so offending, shall be declared and adjudged guilty of embezzlement of so much of the said money, as shall be thus taken, converted, invested, used or loaned, which embezzlement is hereby declared to be a felony; and any such officer or person convicted thereof in any of the circuit courts, shall be sentenced to imprisonment in the common Goal and Penitentiary house of this State for a period not less than two, nor more than ten years.

Mr. Frey from the committee on enrollments, reported as correctly enrolled, An act to change the time of holding the circuit courts of Robertson county.

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

Mr. Coe introduced

A Bill to amend the acts incorporating the town of Memphis in Shelby county, which was read a first time and passed.

Mr. Turney introduced

A Bill to prevent frauds in entering and selling lands previously appropriated, which was read a first time and passed.

Mr. Frey from the committee on Ways and Means, to whom was referred a Bill to amend the revenue laws of this State, reported that the committee have had the same under consideration, think its provisions reasonable, and had instructed him to recommend its passage. The said bill was thereupon read a second time and passed.

Mr. Frey from the same committee, to whom was referred a Bill giving to Johnson county the State tax for the year 1841, reported that the committee have had the same under consideration, think its provisions unreasonable, and had instructed him to recommend its rejection.

Mr. Aiken moved a nonconcurrence with said report, which motion failed.

1

Mr. Aiken moved to strike from said bill the proviso thereto, which motion also fvailed.

Mr. Laughlin thereupon moved to amend the said bill by adding thereto the following, to wit:

Be it enacted, That in each of the new counties established since the first day of January 1835, and such as are established at the present session, where the proceeds of the sale of lots shall have fallen short, or shall fall short of the amount necessary to erect a Court House and Goal, that the taxes shall be remitted to said counties, and in the same way as is provided in this act for the county of Johnson, and this provision shall include the county of Overton, in which the seat of justice has been removed from the town of Monroe to the town of Livingston.

The said amendment was accepted, and the bill was thereupon read a second time, and the question, shall the bill pass, being had, it was determined in the negative-ayes 7, noes 15.

The ayes and noes being demanded the affirmative voters were Messrs. Aiken, Coe, Gillespy, Laughlin, Sevier, Turney and Yoakum-7.

The negative voters were

Messrs. Anderson, Ashe, Balch, Brown, Frey, Jennings, Jones of Hickman, Jones of Lincoln, Marshall, Reneau, Smith, Walton, Warner, Wheeler and Speaker Love-15.

And so said bill was rejected.

Mr. Warner from the committee on claims, to whom was referred a Bill for the relief of James Vaughn of Monroe county, reported that the committee have had the same under consideration, think its provisions unreasonable, and had instructed him to recommend its rejec

tion.

On motion of Mr. Gillespy the said report and bill were ordered to the table.

Mr. Jones of Hickman returned a Bill to charter the Perryville and Lexington turnpike company and for other purposes, which was read a second time and passed.

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

Mr. Yoakum moved that the Senate resolve themselves into a committee of the whole, on the bill to carry into operation the Lunatic Asylum, which motion being lost, he moved that the committee be discharged from its further consideration, which motion prevailed. He thereupon moved that the Senate take up and consider the said bill, which motion was rejected.

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

Mr. Speaker: The House of Representatives concur with your resolution directory to the Entry Taker of the Ocoee District.

And then he withdrew.

Mr. Coe returned a Bill to preserve the purity of elections, and moved to strike out the 8th and 9th sections thereof, which motion prevailing, Mr. Marshall offered two additional sections in lieu of the said 8th and 9th sections, which being amended on motion of Messrs. Coe and Wheeler was adopted.

Mr. Wheeler moved further to amend by striking from the said bill the words, "or offered to vote," which motion prevailed.

Mr. Yoakum offered an amendment, which was received.

Mr. Coe offered sections 12 and 13 as an amendment to the said bill, which were also received.

Mr. Turney moved further to amend the said bill by striking therefrom the 4th section thereof

And thereupon the question was had, and determined in the negative--ayes 4, noes 18. The ayes and noes being demanded, those who voted in the affirmative were

Messrs. Aiken, Balch, Gillespy and Turney-4.

The negative voters were

Messrs. Ashe, Anderson, Brown, Frey, Hardwicke, Jennings, Jones of Hickman, Jones of Lincoln, Laughlin, Marshall, Reneau, Sevier, Smith, Walton, Warner, Wheeler, Yoakum and Speaker Love-18. And so said motion was rejected.

Mr. Warner offered an amendment to the 4th section of said bill, providing that persons residing in fractions of new counties shall have the right to vote at any precinct in the county from which said fraction was taken, at any election which shall be held before the next apportionment of representation.

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

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

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

Mr. Speaker: The House of Representatives did this day sign an enrolled bill entitled, An act to repeal an act. passed Oct. 23d 1837, ch. 210 declaring Buffalo river navigable up to Beardstown in Perry county, and an act to establish the county of Powell.

And then he withdrew. Whereupon the Speaker of the Senate signed said enrolled acts, and ordered them to be deposited in the office of the Secretary of State.

Then the Senate adjourned.."

FRIDAY MORNING, Dec. 6, 1839.

Mr. Walton presented the memorial of 455 citizens of Smith and Sumner counties remonstrating against the establishment of the county of Macon, which was referred on his motion to the committee on new Counties and County lines.

Mr. Reneau from the committee on enrollments, reported as correctly enrolled, An act to incorporate a turnpike and bridge company from Johnsonville across Reelfoot lake to the Mississippi river.

The Speaker of the Senate signed the said enrolled act, and ordered it to be transmitted to the House of Representatives.

Mr. Jones of Lincoln introduced

A Bill making an appropriation of money to Richard G. Scoggin, which was read a first time and passed, and with its accompanying documents referred to the committee on claims.

The business of the morning being through, Mr. Speaker Love rose and tendered his resignation as Speaker of the Senate in the following words, to wit:

Gentlemen of the Senate:

I feel grateful to your honorable body for the honor conferred upon me at the opening of the present session, when you selected me to preside over your deliberations. I feel, however, after the experience of several weeks, that at my advanced age and with my declining health, I am not fully able to undergo the arduous labors which devolve upon the Chair, and in justice to you as well as to myself, I have made up my mind to resign into your hands, as I now do, the office of "Speaker of the Senate."

You will, no doubt, be able to select some other Senator better qualified to discharge the duties of the station than myself. I have endeavored to discharge my duties with honesty, faithfulness and impartiality. If I have erred, (as no doubt I have) it was an error of the head, not of the heart-it was not intentional. If, in the discharge of my duties, it has been my misfortune to wound the feelings of any member of this Senate, I beg his forgiveness. And should it please Divine Providence to spare each member of this body until we shall have finished the business of this present session, and shall depart from the Chamber to return to our homes and our families-and many of us part, in all human probability, never to meet again-it will be my sincere prayer, as it now is, that it may be the will of God to grant his blessing to each and all of you.

Before leaving this Chair allow me, gentlemen, to offer you my sincere thanks for the kindness received at your hands: and especially for the aid and assistance which you have uniformly rendered me in the discharge of my duties-and permit me also to tender to you individually my warmest affections and most heartfelt gratitude together with the assurance that I shall not cease to remember your indulgent kindness to the latest hour of my life.

Whereupon Mr. Frey was called to the Chair on motion of Mr. Aiken.

The Senate then proceeded to the election of a Speaker. Mr.