lection of any debt or debts that may be due any of said Banks, until such banks in good faith resume specie payments.

A bill to distribute the Academy monies was taken up and read.

Mr. Turney moved to amend the second section of said bill by striking therefrom all that part thereof that provides for the distribution of said fund according to the scholastic population, and inserting in lieu thereof the words "equally to cach county."

And thereupon the question was had and determined in the affirmative-ayes 16, noes 5. The ayes and noes being demanded, those who voted in the affirmative were

Messrs. Aiken, Balch, Brown, Frey, Gillespy, Hardwicke, Jennings, Jones of Hickman, Laughlin, Love, Reneau, Sevier, Terry, Turney, Wheeler and Speaker Coe-16.

Those who voted in the negative were

Messrs, Anderson, Jones of Lincoln, Marshall, Walton and Yoakum-5.

And so said motion prevailed, and thereupon the Senate adjourned.

TUESDAY MORNING, Dec. 17, 1839. Mr. Marshall presented the report of the president and directors of the Nolensville turnpike company; which was read and referred to the committee on internal improvement.

Mr. Walton presented the petition of the members of the Baptist church on Dixon's creek, Smith 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. Jennings introduced

A Bill to incorporate the Farmers and merchants' Cotton manufactory company of Tennessee, accompanied by a memorial of sundry citizens on that subject; which was read a first time and passed.

Mr. Marshall, from the committee on the judiciary, to whom was referred a bill to abolish the mayor's court of the city of Nashville, and to provide a substitute therefor, reported that the committee have had the same under consideration, and had instructed him to report an amendment thereto, and with the amendment to recommend its passage. The said report was concurred with, the bill read as amended a second time and passed.

Mr. Marshall from the same, to whom was referred a resolution in relation to administrators on estates of deceased persons in certain cases, reported that the committee have had the same under consideration and had instructed him to report a bill to authorize letters of administration to be granted without security in certain cases, and for other purposes. Said bill was read a first time and passed.

Mr. Jones of Lincoln moved to recommend the said bill to the committee on the judiciary, with instructions so to amend as that the sheriff's shall be, by virtue of their office, administrators or executors, as the case may be; and strike out all that part of the bill which authorizes

the appointment of administrators or the qualification of executors, as the case may be. Which said motion was rejected.

Mr. Marshall from the same, to whom was referred a bill to prevent the embezzlement of the public monies, reported that the committee have had the same under consideration, think it reasonable, and had instructed him to recommend its passage. Whereupon the said bill was read a first time and passed.

The same from the same, to whom was referred a bill to extend the act of 1837-8, chapter 206, and creating the merchant's insurance and trust company of Nashville, reported that the cominittee have had the same under consideration, and had instructed him to report amendments thereto, and with the amendments to recommend its passage.-The said amendments were severally read and adopted.

Mr. Jones of Lincoln offered the following as an amendment thereto, to wit:

Be it enacted, That no part or provision of this act shall ever be so construed as to authorize said corporation to issue or put in circulation any notes, bills, drafts, orders, checks or change tickets intended to circulate as change or currency, the tendency of which will be to circulate as change or currency. And the sense of the Senate being thereon had, it was accepted.

Mr. Jones of Lincoln moved further to amend by adding there to the following, to wit:

Be it enacted, That the individual property, real, personal and mixed of the stockholders in said corporation, shall be liable and subject to. the payment of the debts of the corporation.

And thereupon the question was had and determined in the negative-ayes 11, noes 11. The ayes and roes being required, the affirmative voters were

Messrs. Aiken, Ashe, Ealch, Gillespy, Hardwicke, Jones of Hickman, Jones of Lincoln, Love, Terry, Whecler and Yoakum—11.

Those who voted in the negative were,

Messrs. Anderson, Brown, Frey, Jennings, Laughlin, Marshall, Reneau, Sevier, Turney, Walton and Speaker Coe-11.

And so said amendment was rejected.

Mr. Jones of Lincoln moved to amend by adding the following, to wit:

Be it enacted, That the General Assembly granting this act of incorporation reserves to all succeeding General Assemblies the power to alter, revise, amend or repeal the same.

And thereupon the question was had and determined in the nega tive-ayes 10, noes 12. The ayes and nocs being demanded, those who voted in the affirmative were

Messrs. Aiken, Balchi, Cillespy, Hardwicke, Jones of Ilickman, Jones of Lincoln, Love. Terry, Wheeler and Yoakum-10.

The negative voters were

Messrs. Anderson, Ashe, Brown, Frey, Jennings, Laughlin, Marshall, Reneau, Sevier, Turney, Walton and Speaker Coc-12. And so said amendment was rejected.

Mr. Yoakum thereupon offered the following as an amendment, to wit:

Be it enacted, That whenever said company shall at any time refuse to pay all the claims against them that may be legally adjudged to be just, their charter shall thenceforth be void.

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

Mr. Jones of Lincoln thereupon offered the following as an amendment thereto, to wit:

Be it enacted, That should the aggregate amount of insurances made by said company amount at any one time to a larger sum than the capital stock of the company, then and in that case the stockholders shall be liable in their individual capacity for the full amount of the liabilities of the corporation.

And the question being thereon had, the said amendment was rejected-ayes 8, noes 13.

The ayes and noes being demanded, the affirmative voters were Messrs. Aiken, Balch, Hardwicke, Jones of Lincoln, Jones of Hickman, Love, Wheeler and Yoakum-8.

The negative voters were

Messrs. Anderson, Ashe, Brown, Frey, Gillespy, Jennings, Laughlin, Marshall, Reneau, Sevier, Terry, Turney and Speaker Coe-13. And so said amendment was rejected.

Mr. Yoakum thereupon offered the following as an amendment to said bill, to wit:

Be it enacted, That a concurrent vote of both houses of the General Assembly may at any time alter, amend or repeal this act."

Mr. Turney moved the previous question, and the proposition shall the main question be now put? being had, it was determined in the negative-ayes 10, noes 11.

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

Messrs. Ashe, Brown, Hardwicke, Jennings, Laughlin, Marshall, Reneau, Sevier, Turney and Speaker Coe-10.

The negative voters were

Messrs. Aiken, Anderson, Balch, Frey, Gillespy, Jones of Hickman, Jones of Lincoln, Love, Terry, Wheeler and Yoakum-11..

And so the call for the previous question was not sustained.

Mr-Gillespy offered the following as an amendment to Mr. Yoakum's amendment:

Be it enacted, That said company shall not be authorized to make insurance under the provisions of this act until twenty-five per cent. upon the capital stock shall be paid to said company by the stockholders therein."

On motion of Mr. Turney, the said amendments were ordered to the table.

Mr. Yoakum thereupon moved the following amendment:

Be it enacted, That any association of two or more individuals, citizens of the State of Tennessee, who may desire to establish an insu

rance office, be and they are hereby incorporated by such name as they may designate, as hereinafter mentioned."

Be it enacted, That when any two or more persons shall desire to come within the provisions of this act, they shall apply to the clerk of the county court of the county in which they may wish to establish their office, who, upon their paying to the said clerk a fee of one dollar and giving to him the name and style of the company desired to be established, shall issue to them a license under which they shall have power: and they are hereby authorized to insure property under the same rules and regulations as are above set forth, for and during the period of twenty years from the date of the issuance of such license.

Be it enacted, That no bonus shall be required of any company so incorporated, but the stockholders of each company shall be individually liable for the debts of their respective corporations, provided that said stockholders shall not be individually liable till an execution against the property of the corporation shall be returned unsatisfied; then an execution shall issue on motion against the individual property of the stockholders.

Mr. Laughlin moved to lay the said amendment on the table.

And thereupon the question was had and determined in the affirmative-ayes 14, nays 7. The ayes and noes being demanded, the affirmative voters were

Messrs. Aiken, Anderson, Ashe, Brown, Frey, Jennings, Laughlin, Marshall, Reneau, Sevier, Terry, Turney, Wheeler and Mr. Speaker Coe-14.

The negative voters were,

Messrs. Balch, Gillespy, Hardwicke, Jones of Hickman, Jones of Lincoln, Love and Yoakum-7.

And so said amendment was ordered to the table.

The said bill was thereupon read a second time and passed—ayes 11, noes 10.

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

Messrs, Anderson, Ashe, Brown, Frey, Jennings, Laughlin, Marshall, Reneau, Sevier, Terry and Turney-11.

The negative voters were

Messrs. Aiken, Balch, Gillespie, Hardwicke, Jones of Hickman, Jones of Lincoln, Love, Wheeler, Yoakum and Speaker Coe-10.

And so said bill passed its second reading.

Mr. Anderson, from the committee on military affairs, to whom was referred a bill requiring the Brigadier General of the 13th Brigade of Tennessee militia to have a brigade drill, reported that the committee have had the same under consideration, think its provisions unreasonable, and have instructed him to recommend its rejection..

Whereupon the said bill was read and rejected.

Mr. Anderson from the same, to whom was referred a memorial of the militia officers of Henderson county, asking amendments to the militia laws of the State, reported that the committee have had the same

under consideration, think it unreasonable, and ought not to be granted. The said report was concurred with..

Mr. Hardwicke moved to suspend the 24th rule for the government of the Senate.

And the question being thereon had, it was determined in the negative-ayes 13, noes 8. 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, Terry Turney, Wheeler and Speaker Coe, 13. The negative voters were,

Messrs. Anderson, Brown, Frey, Jennings, Marshall, Réneau, Sevier and Walton-S.

And so said motion was rejected, it requiring two-thirds to suspend. The Senate resumed the consideration of a Bill to distribute the Academy monies and for other purposes. The said bill was read a second time and passed.

Mr. Gillespy introduced

A Bill to authorize the circuit courts to render judgments for costs. in certain cases, which was read a first time and passed.

Mr. Marshall submitted the following, to wit:

Resolved by the General Assembly of the State of Tennessee, That grant No. 3366 from the State of Tennessee to Luke Lea bearing date the 29th of Dec. 1837, be referred to the Secretary of State, acting as commissioner of land claims for adjudication, and if it shall appear to the Secretary of State as commissioner as aforesaid, that said grant has been interfered with by an older and better title, and that said grant is founded on a good and valid warrant, and that no other grant has been issued on the same, he shall issue a certificate warrant for the number of acres lost, to said Luke Lea, and the said Luke Lea is authorized to enter the same, in any of the land offices South and West of the congressional reservation line.

On motion of Mr. Jones of Lincoln, it was ordered that the clerk respectfully ask the House of Representatives, to return to the Senate the resolution requiring the several Banks of the State to resume the payment of specie so as to enable the Senate to have further action thereon by the following vote, to wit:

Affirmative voters were

Messrs. Aiken, Balch, Gillespy, Hardwicke, Jones of Hickman, Jones of Lincoln, Laughlin, Love, Turney, Wheeler and Yoakum-11. The negative votere were

Messrs. Anderson, Frey, Jennings, Marshall, Reneau, Sevier, Walton and Speaker Coe-S.