Messrs. Aiken, Balch, Gillespy, Hardwicke, Love, Turney, Warner, Wheeler and Speaker Coe-9. Those who voted in the negative were Messrs. Anderson, Ashe, Brown, Frey, Gaines, Jennings, Jones of Hickman, Jones of Lincoln, Laughlin, Marshall, Reneau, Sevier Smith, Terry, Walton and Yoakum-16. And so said motion was rejected. Mr. Marshall thereupon moved an adjournment until to-morrow morning half after nine o'clock. And the question thereon being had, it was determined in the affirmative-ayes 14, noes 11. The ayes and noes being demanded, those who voted in the affirmative were Messrs. Aiken, Anderson, Ashe, Balch, Brown, Frey, Gaines, Gillespy, Jennings, Marshall, Reneau, Sevier, Terry and Walton--14. The negative voters were Messrs. Hardwicke, Jones of Hickman, Jones of Lincoln, Laughlin, Love, Smith, Turney, Warner, Wheeler, Yoakum and Mr. Speaker Coe-11. And then the Senate adjourned. SATURDAY MORNING, Dec. 14, 1839. Mr. Terry presented the petition of sundry citizens of Monroe and Hamilton counties asking the privilige of a turnpike road across Walden's ridge. Which was read and ordered to the table. Mr. Brown presented the memorial of the Militia officers of Henderson county proposing amendments to the militia laws of this State, which was referred on his motion to the committee on Military affairs. Mr. Ashe presented the petition of sundry citizens of Tipton county remonstrating against a repeal of the tippling act of 1837. Which was read and ordered to be transmitted to the House of Representatives. Mr. Speaker Coe presented a communication from the Hon. Felix Grundy declining to accept the office of Senator to the Congress of the United States; to which he was elected on the 19th Nov. last.Which being read, Mr. Ashe moved its reference to the committee on Federal relations with instructions to report thereon. And thereupon the question was had and determined in the negative; ayes 10, noes 14. The ayes and noes being demanded, those who voted in the affirmative were Messrs. Anderson, Ashe, Brown, Frey, Jennings, Marshall, Reneau, Sevier, Terry and Walton-10. The negative voters were Messrs. Aiken, Balch, Gillespy, Hardwicke, Jones of Hickman, Jones of Lincoln, Laughlin, Love, Smith, Turney, Warner, Wheeler, Yoakum and Speaker Coe-14. And so said motion was rejected. Whereupon Mr. Jones of Lincoln moved that it be transmitted to the House of Representatives, which motion prevailed. Mr. Wheeler submitted the following: Resolved by the General Assembly of the State of Tennessee, That the Senate meet the House of Representatives in their hall on Monday the 16th day of this month at 11 o'clock, a. m., for the purpose of electing a Senator to the Congress of the United States in place of the Hon. Felix Grundy, declined. Mr. Wheeler moved a suspension of the rule requiring resolutions to lie one day on the table. Which motion prevailing, 'Mr. Jones of Lincoln moved to amend said resolution by striking therefrom, the words "Monday the 16th day of this month at 11 o'clock, a. m.," and inserting the words "this day at 12 o'clock m." Mr. Terry offered the following in lieu, to wit: Resolved, That the Senate meet the House of Representatives in their hall on this day at 12 o'clock, m., for the purpose of electing a Senator in Congress, in the room of the Hon. Ephraim H. Foster, resigned. On motion of Mr. Turney the said amendment was ordered to the table-ayes 14, noes 10. The ayes and noes being demanded, those who voted in the affirmative were Messrs. Aiken, Balch, Gillespy, Hardwicke, Jones of Hickman, Jones of Lincoln, Laughlin, Love, Smith, Turney, Warner, Wheeler, Yoakum and Speaker Coe-14. Those who voted in the negative were Messrs. Anderson, Ashe, Brown, Frey, Jennings, Marshall, Reneau, Sevier, Terry and Walton-10. Mr. Jennings offered the following in lieu of the said original resolution, to wit: Resolved, That the Senate meet the House of Representatives in their hall at 2 o'clock, p. m. this day, for the purpose of electing a Senator to Congress, said election being rendered necessary by a failure of this General Assembly to elect the Hon. Felix Grundy, owing to an ignorance of the provision of the Constitution of the United States on the part of this General Assembly. Mr. Aiken moved to lay the foregoing resolution on the table. And thereupon the question was had and determined in the affirmative-ayes 14, noes 10. The ayes and noes being demanded those who voted in the affirmative were Messrs. Aiken, Balch, Gillespy, Hardwicke, Jones of Hickman, Jones of Lincoln, Laughlin, Love, Smith, Turney, Warner, Wheeler, Yoakum and Speaker Coe-14. Those who voted in the negative were Messrs. Anderson, Ashe, Brown, Frey, Jennings, Marshall, Reneau, Sevier, Terry and Walton-10. And so said motion prevailed.. The question then recurred upon the motion of Mr. Jones of Lincoln, and being thereon had it was determined in the affirmative. L* Mr. Laughlin moved further to amend the said resolution by adding the words "General Assembly of the State of Tennessee,” which motion prevailed. Mr. Anderson moved to amend the said resolution by striking therefrom, the words "in place of the Hon. Felix Grundy, declined," and insert in lieu thereof, the words "because the Hon. Felix Grundy was heretofore unconstitutionally elected by this General Assembly." Mr. Yoakum moved to lay the said proposition on the table. And thereupon the question was had and determined in the affirm ative-ayes 14, noes 10. The ayes and noes being demanded those who voted in the affirmative were Messrs. Aiken, Balch, Gillespy, Hardwicke, Jones of Hickman, Jones of Lincoln, Laughlin, Love, Smith, Turney, Warner, Wheeler, Yoakum and Speaker Coe-14. Those who voted in the negative were Messrs. Anderson, Ashe, Brown, Frey, Marshall, Jennings, Reneau, Sevier, Terry and Walton-10. And so said amendment was ordered to the table. Mr. Marshall, moved to amend by striking out the word "declined," and insert in lieu the following: "who has declined to accept." Mr. Jones of Lincoln offered the following in lieu of the whole, to wit: Whereas, on the 15th day of November 1839, the Hon. Ephraim H. Foster did resign to this General Assembly his seat in the Senate of the Congress of the United States. And whereas on the 19th day of Nov. 1839, this General Assembly did elect the Hon. Felix Grundy to fill said vacancy. And whereas the said Felix Grundy, by a communication this day made to this General Assembly, declines the ac ceptance of said oflice. Therefore, Resolved, That the Senate meet the House of Representatives in their hall this day at 12 o'clock, m., for the purpose of electing a Senator to the Congress of the United States, to fill the vacancy thus occasioned. Which said amendment was accepted. The resolution was thereupon read and adopted. Ordered, That the clerk acquaint the House of Representatives therewith and ask their concurrence therein. A Bill to regulate the receipt and disbursement of the common school fund being read, Mr. Gillespy moved the following amendment thereto, to wit: Be it enacted, That no issues be made by the principal Bank at Nashville upon the funds received under the provisions of this act, until otherwise provided by an act of this General Assembly.. And the question being thereon had, the said amendment was adopted-ayes 13, noes 10. The ayes and noes being demanded, those who voted in the aflirmative were Messrs. Aiken, Balch, Gillespy, Hardwicke, Jones of Hickman, Jones of Lincoln, Laughlin, Love, Sevier, Terry, Turney, Warner and Speaker Coe-13. Those who voted in the negative were Messrs. Anderson, Brown, Frey, Jennings, Marshall, Reneau, Smith, Walton, Wheeler and Yoakum-10. And so said amendment was received. The said bill was thereupon read a third time and passed-ayes 20, noes 2. The ayes and noes being demanded, those who voted in the affirmative were Messrs. Aiken, Anderson, Brown, Frey, Gillespy, Hardwicke, Jones of Hickman, Jones of Lincoln, Laughlin, Love, Marshall, Reneau, Sevier, Smith, Turney, Walton, Warner Wheeler, Yoakum and Speaker Coc-20. Those who voted in the negative were Messrs. Jennings and Terry-2. And so said bill passed its third reading, was ordered to be engrossed and transmitted to the House of Representatives. Mr. Marshall introduced A Bill to amend the laws in relation to executors and administrators, which was read a first time and passed. Mr. Yoakum introduced A Bill to distribute the Academy monies and for other purposes, which was read a first time and passed, and referred to the committee on Education and Common Schools. The Speaker appointed Mr. Laughlin one of the special committee on the penitentiary turnpike. A message from the House of Representatives by Mr. Crockett, their Clerk: Mr. Speaker. The House of Representatives concur with your resolution proposing to go into the election of a Senator to the Congress of the United States on this day at 12 o'clock, m. And then he withdrew. Mr. Jennings introduced A Bill to abolish the Mayor's court of the city of Nashville, and to provide a substitute; which was read a first time and passed, and referred on motion of Mr. Marshall to the committee on the Judiciary. Mr. Speaker Coe presented a communication frota John C. Keneday in relation to the survey of the 4th range west of the basis line in the Ocoee District, which was read and ordered to be transmitted to the House of Representatives. On motion of Mr. Anderson the Senate took up and considered the resolution from the House of Representatives requiring the several banks of this State to resume the payment of specie-and the same being read, Mr. Jones of Lincoln offered the following in lieu thereof, to wit: Resolved by the General Assembly of the State of Tennessee, That the Bank of Tennessee and Branches, the Union Bank of Teimessee and the Branches, the Planter's Bank of Tennessee and Branches, and the Farmer's and Merchant's Bank of Memphis, should in the opinion of this Legislature, and are hereby respectively directed to resume and continue in good faith, the payment of specie for all their notes, and other liabilities which are or shall be at the time of presentation due and payable on demand when presented for payment at the place where from the face of such note or other liability the same shall purport to be payable. Resolved, That it is the opinion of this Legislature, that the said Union Bank of Tennessee, the said Planter's Bank of Tennessee, and the said Farmer's and Merchant's Bank of Memphis, have violated and forfeited their respective charters. Resolved, That should the said Union Bank of Tennessee or the said Planter's Bank of Tennessee fail or refuse to comply with the request made in the first of these resolves within ten days after the adoption thereof, then it shall be the duty of the Attorney General for the State, and he is hereby required to cause to be issued in pursuance of the charters of said banks from the Supreme Court of the State, a scire facias against said Union Bank of Tennessee or said Planter's Bank of Tennessee, (or both as they may be) so failing or refusing to comply with said requisitions, calling upon said corporation or either of them, to show cause why the charters thereof shall not be declared forfeited. · Resolved, That should the said Farmer's and Merchant's Bank of Memphis, fail or refuse to comply with the request made in the first of these resolves within ten days after the adoption thereof, then and in that case it shall be the duty of the Attorney General of the eleventh Solicitorial District in this State, and he is hereby required to cause to be issued from the Circuit Court of Shelby county in pursuance of the provisions of the charter of said bank a scire facias, calling upon said corporation to show cause why the charter thereof shall not be declared forfeited. Mr. Terry moved to lay the said resolutions and amendment on the table, and make them the order of the day for Thursday next. And the question being thereon had, it was determined in the negative-ayes 10, noes 13. The ayes and noes being demanded, those 'who voted in the affirmative were Messrs. Aiken, Brown, Gillespy, Hardwicke, Laughlin, Reneau, Terry, Warner, Yoakum and Speaker Coe-10. The negative voters were, Messrs. Anderson, Balch, Frey, Jennings, Jones of Hickman, Jones of Lincoln, Love, Marshall, Sevier, Smith, Turney, Walton, and Wheeler-13. And so said motion was rejected. Mr. Gillespy thereupon moved to lay the said resolution and amendment on the table. And thereupon the question was had and determined in the negative; ayes 8, noes 15. The ayes and noes being demanded, those who voted in the affirmative were Messrs. Aiken, Gillespy, Hardwicke, Laughlin, Reneau, Smith, Terry and Speaker Coe-S. The negative voters were Messrs. Anderson, Balch, Brown, Frey, Jennings, Jones of Hick |