Messrs. Anderson, Gillespy, Hardwicke, Jones of Hickman, Jones of Lincoln, Laughlin, Marshall, Warner, Yoakum and Speaker Coe-10. And so said motion prevailed. Mr. Ashe moved to amend the amendment of Mr. Gillespy by providing that the benefits mentioned in the 7th and 8th sections of the bill should be extended to the Big Hatchie Turnpike Company, the Ashport Turnpike Company and the Forked Deer Turnpike Company. Mr. Smith moved further to amend by extending the same benefits to the Columbia Central Turnpike Company, both of which were accepted. Mr. Turney offered the following as an amendment to the 8th section of the amendment offered by Mr. Gillespy, to wit: And that ninety thousand dollars be distributed to Middle Tennessee as provided by an act passed by the General Assembly of Tennessee at the session of 1837-8. And thereupon the question was had and determined in the aflirmative-ayes, 19, noes 5. The ayes and noes being demanded, those who voted in the affirmative were Messrs. Aiken, Anderson, Ashe, Brown, Frey, Gillespy, Hardwicke, Jennings, Jones of Lincoln, Laughlin, Love, Reneau, Sevier, Smith Terry, Turney Walton, Warner and Yoakum-19. Those who voted in the negative were Messrs. Balch, Jones of Hickman, Marshall, Wheeler and Speaker Coe-5. And so said amendment was accepted, and Mr. Jennings introduced WEDNESDAY MORNING, Dec. 11, 1839. A Bill to incorporate the Nashville and White's Creek Springs Turnpike Company accompanied with a petition of sundry citizens of David son county on that subject. The said bill was read a first time and passed. Mr. Warner from the committee on claims, to whom was referred a bill making an appropriation of money to Richard G. Scoggin, reportcd 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. Warner from the same, to whom was referred a resolution to refund money to Robert S. Morris clerk of Rutherford county court, reported that the committee have had the same under consideration, think it reasonable, and had instructed him to report, A Bill for the relief of Robert S. Morris, clerk of the county court of Rutherford county, which was read a first time and passed. Mr. Warner from the same, to whom was referred a Bill to refund to John B. Rogers certain mouies paid by him for the use of the State, reported that the committee have had the same under consideration, think it unreasonable, and had instructed him to recommend its rejection. The said report was concurred with and the said bill rejected. Mr. Jennings introduced A Bill to re-appoint Dr. Gerard Troost to the office of Geologist, Mineralogist and Assayer of the State of Tennessee. And A Bill making compensation to John C. McLemore for certain valuable record books, both of which were severally read a first time and passed. The latter of which, was on motion of Mr. Marshall referred to the committee on public lands. A Bill from the House of Representatives to charter the Tazewell and Sevierville Turnpike Company, was read a first time and passed. Mr. Yoakum presented the following correspondence between himself and R. H. M'Ewen, Superintendent of Public Instruction, to wit: SENATE CHAMBER, Dec. 10, IS39. Col. R. II. M'Ewen, Sup't. &c. Sir: I have received a letter from the Secretary of the Nashville, Murfreesboro' and Shelbyville Turnpike Company, informing me that in April 1837, the board paid over to you $3000; (three thousand dollars, as interest on the school fund vested in said road. As I have not seen this item on your books, I desire you will inform ine whether you have charged the same to yourself. Your ob't. scr't, H. YOAKUM. NASHVILLE, Dec. 11, 1839. Hon. H. Yoakum, Sir:-In answer to your enquiry of yesterday, I reply that the Secretary of the Nashville, Murfreesboro' and Shelbyville Turnpike Company, in the month of April 1837, (the particular day will appear in the books of the company) paid to me three thousand dollars being part of the interest then due upon the school fund of Davidson, Rutherford and Bedford counties, advanced to that company under the act of 1831, ch. 46. A very short time, perhaps in one hour after the money had been paid me, the then Secretary of the company, James H. Foster, Esq. came to me and said he had paid me the money by mistake, as it was claimed by the counties out of whose school fund it had arisen, and requested me to place it again in his hands. I replied to him in substance, that I thought it constituted a part of the perpetual school fund; but as it was claimed by the counties as their exclusive property, I shall not mingle it with the perpetual fund, but hold it till the question could be judicially or otherwise determined to which of the claimants it belonged. It has accordingly never been carried into my books, but stands charged to me on the books of the company. To which of the claimants it does belong is regarded by those qualified to judge as matWith due respect, ter of much doubt. ROBERT H., M'EWEN, Supt. &c. On motion of Mr. Laughlin it was Ordered, That the foregoing correspondence be referred to the committee on education and common schools; and that said committee have power to send for persons and papers, and examine testimony on oath, and to report by bill or otherwise, what incasures may be proper to take, in order to compel the collection, disbursement and investment of the sum of money and interest due thereon, mentioned in said correspondence, and to whom it belongs. The Senate resumed the consideration of the bill to repeal all laws authorizing the Goven or to subscribe for stock on behalf of the State in any internal improvement company and for other purposes. The amendment offered by Mr. Gillespy on yesterday in lieu of the whole, being under consideration, Mr. Gillespy moved further to amend by adding the following to his said amendment, to wit: Provided that the Governor in issuing said sterling bonds, is to estimate the pound sterling at four dollars and eighty-six cents. And provided further, That the same lien is hereby given to the State upon the private property of the stockholders in the Memphis and Lagrango rail road company, upon acceptance of the amendments proposed in this act, that is given by the internal improvement laws of 1537 and 38 upon the private property of stockholders in other roads, which amendment was accepted to the said amendment, And then the Senate adjourned. THURSDAY MORNING, Dec. 12, 1839. Mr. Yoakum from the committee on education and common schools, to whom was referred a Bill to prevent the waste of the common school moniés, reported that the committee have had the same under consideration, and had instructed him to report an amendincat to the caption thereof so as to read A Bill to regulate the receipt and disbursement of the common school monics, and with the araendment to recommend its passage. The said amendment was received, the bill read as amended a second time and passed. Mr. Yoakum from the same, to whom was referred a Bill to give to Jackson College the Academy fund of Maury county and for other purposes, reported that the committee have had the same under consideration, and had instructed him to recommend its passage. On motion of Mr. Smith the said bill and report were ordered to the table. Mr. Yoakum from the same, to whom was referred the petitions of sundry citizens of Monroe county, praying provision by law to secure them the benefits of the school section they claim in said county, reported that the committee have had the same under consideration, and had instructed him to ask to be discharged from its further consideration. The said request was granted. Mr. Turney returned with an amendment in lieu of the whole, a D* Bill to locate permanently the seat of justice in Hamilton county. The said amendment was accepted. The bill read a third time and passed-ayes 22. The ayes and noes being demanded the affirmative voters were Messrs. Aiken, Anderson, Ashe, Balch, Brown, Frey, Gillespy, Jennings, Jones of Hickman, Jones of Lincoln, Laughlin, Love, Marshall, Reneau, Sevier, Terry, Turney, Walton, Warner, Wheeler, Yoakum and Speaker Coe-22. And so said bill passed its third reading, was ordered to be engrossed and transmitted to the House of Representatives. Mr. Gillespy submitted the following: Resolved, That at 9 o'clock each morning the Speaker of the Senate take his seat and order a call of the roll of the Senate, and that the names of the absentees be entered upon the journal of the Senate. And the rule being suspended, Mr. Yoakum moved to amend by providing that the Speaker should take the chair at 9 instead of 9 o'clock in the morning, which metion prevailed. Mr. Yoakum moved the following further amendment, to wit: And that the Senate will hereafter hold night sessions-meeting at 94 o'clock, p. m. Mr. Brown moved to amend Mr. Yoakum's amendment by adding the words, "and shall continue in session until half past 12 o'clock." And thereupon the question was had, and determined in the negative-ayes 10, noes 11. The ayes and noes being demanded, those who voted in the affirmative were Messrs. Anderson, Aske, Brown, Frey, Gillespy, Jennings, Laughlin, Sevier, Terry and Turney-10. Those who voted in the negative were, Messrs. Aiken, Jones of Hickman, Jones of Lincoln, Love, Marshall, Smith, Walton, Warner, Wheeler, Yoakum and Speaker Coe-11. And so said amendment was rejected. Mr. Jones of Hickman thereupon offered the following in lieu of Mr. Yoakum's amendment, to wit: And sit until one o'clock, meet again at two o'clock and sit until sun down. Mr. Wheeler moved to lay the resolution and amendments on the table. And thereupon the question was had and determined in the affirmative-ayes 14, noes 9. The yeas and nays being required, those who voted in the affirmative were Messrs. Aiken, Ashe, Brown, Frey, Jcues of Lincoln, Love, Reneau, Sevier, Smith, Turney, Warner, Walton, Wheeler and Speaker Coc-14. Those who voted in the negative were Messrs. Anderson, Balch, Gillespy, Jennings, Jones of Hickman, Laughlin, Marshall, Terry and Yoakum-9. And so said resolution and amendments were ordered to the table. Mr. Jones of Hickman asked and obtained leave to withdraw for amendment, a Bill to protect the owners of mills in their just rights. A message from the House of Representatives by Mr. Crockett, their clerk. Mr. Speaker: The Speaker of the House of Representatives did this day sign an enrolled act entitled, An act to incorporate the trustees of the Ashland Academy in Wayne county and for other purposes. And then he withdrew. Whereupon the Speaker of the Senate signed the said enrolled act, and ordered it to be deposited the oflice of the Secretary of State.. The Senate resumed the consideration of a bill to repeal all laws authorizing the Governor to subscribe for stock on behalf of the State in any internal improvement companies, and for other purposes. Mr. Smith offered an amendment in lieu of the 1st, 2d, 3d, 4th, 5th, and 6th sections of Mr. Gillespy's amendment. Mr. Laughlin moved to print 50 copies of Mr. Smith's amendment, and so much of Mr. Gillespy's as the said amendment proposes to retain. On motion of Mr. Smith, the said bill, amendments and motion were ordered to the table. On motion of Mr. Smith, the resolution from the House of Representatives, requiring the Bank of Tennessee and its branches to suspend the payment over to the Superintendent of Public Instruction of this State, or to his orders or checks any money or monies belonging to the common school fund of this State, which may have been or may be deposited under the laws of this State to his credit in said bank or its branches, and that said monies be retained by the bank and its branches until otherwise directed by law, or until the rise of the present General Assembly, was taken up and read. Mr. Yoakum moved to lay the said resolution on the table, which motion prevailed. The Senate again resumed the consideration of the bill to repeal all laws authorizing the Governor to subscribe for stock en behalf of the State in any internal improvement companies and for other purposes, together with the several amendments there to and motions thereon. Mr. Laughlin amended his motion by moving that fifty copies of the amendment offered by Mr. Gillespy, and fifty copies of the ameudment offered by Mr. Sinith be printed for the use of the Senate. And thereupon the question was had and determined in the affirmative-ayes 12, noes 11. The ayes and noes being demanded, the af firmative voters were Messrs. Aiken, Ashe, Brown, Frey, Gillespy, Jennings, Laughlin, Love, Rencau, Smith, Turney and Speaker Coc-12. The negative voters wel Messrs. Anderson, Balch, Jones of Hickman, Jones of Lincoln, Marshall, Sevier, Terry, Walton, Warner, Wheeler and Yoakum-11. And so said motion prevailed. Mr. Reneau thereupon offered an amendment to the Sth section of the said amendment of Mr. Cillespy's providing that the benefits extended to the Louisville, Cincinnati and Charleston rail road company. should be extended to all other internal improvement companies in this 1 |