and branches, the Planters Bank of Tennessee and branches, and the Farmers and Merchants Bank of Memphis be, and they are hereby severally directed to resume and continue in good faith the payment of specie for all their notes and other liabilities respectively, on presentation at the place where payable, which are or shall be due at the time presented for payment. Resolved, That in the opinion of this General Assembly the said Union Bank of Tennessee, the said Planters Bank of Tennessee and the caid Farmers and Merchants Bank of Memphis, have violated and forfeited their respective charters of incorporation. Resolved, That should said Union Bank of Tennessee, said Planters Bank of Tennessee and said Farmers and Merchants Bank of Memphis, or either of them fail or refuse to resume specie payment as above directed, then and in that case, the Attorney General for the State shall cause to be issued pursuant to law a scire facias against either or all of said banks so failing or refusing to resume specie payment as above directed, calling on said bank or banks as the case may be, to show cause why the charters thereof shall not be declared forfeited. Mr. Laughlin moved that the joint select committee on the penitentiary turnpike road be discharged from the further consideration of a resolution submitted by Mr. Jennings on the 5th inst., in relation to the charter of said road. And thereupon the question was had and determined in the negative, ayes 6, noes 13. The ayes and noes being demanded those who voted in the affirmative were Messrs. Aiken, Gillespy Hardwicke, Laughlin, Love and Turney—6. The negative voters were Messrs. Balch, Brown, Jennings, Jones of Hickman, Jones of Lincoln, Marshall, Reneau, Sevier, Terry, Warner, Wheeler, Yoakum and Speaker Coe-13. And so said motion was rejected. On motion of Mr. Jones of Lincoln, the Senate took up the report of the committee on the judiciary, made on the 10th inst. in relation to a Bill to provide for the collection and publication of the statutes of this State that have been passed since 1820. The said report being unfavorable to the said bill, it was concurred with, and the bill rejected. Mr. Reneau asked and obtained leave to withdraw for amendment, a Bill to protect county creditors. A Bill from the House of Representatives to increase the tax on Brokers being read, Mr. Laughlin moved to strike out the sum of $2000' for the purpose of inserting the sum of $1000," And thereupon the question was had and determined in the negative, ayes 9, noes 10. The ayes and noes being demanded those who voted in the affirmative were Messrs. Ashe, Brown, Gillespy, Jones of Hickman, Jones of Lincoln, Laughlin, Marshall, Reneau and Sevier-9. Those who voted in the negative were Messrs. Aiken, Balch, Hardwicke, Love, Terry, Turney, Warner, Wheeler, Yoakum and Speaker Coe-10. And so the said proposition was rejected. The said bill was thereupon read a second time and passed-ayes 15, noes 4. The ayes and noes being demanded, those who voted in the affirmative were Messrs. Aiken, Ashe, Balch, Gillespy, Hardwicke, Jones of Hickman, Jones of Lincoln, Laughlin, Love, Terry, Turney, Warner, Wheeler, Yoakum and Speaker Coc-15. The negative voters were Messrs. Brown, Marshall, Rencau and Sevier-4. And so said bill passed its second reading. A bill relative to the internal improvement fund of Lawrence county was read a third time and passed. Mr. Reneau withdrew for amendment a bill for the relief of Hiram Young. Mr. Laughlin returned a bill to consolidate the funds, and to provide but for one instead of two separate classes of public school funds in Lincoln county, and offered an amendment thereto which was re'ceived. The said bill was further amended on motion of Mr. Gillespy, read a third time, passed and ordered to be engrossed and transmitted to the House of Representatives, A bill from the House of Representatives, directing certain duties to be performed by clerks of courts, was read a third time and passed→ ayes 16-noes 2. The ayes and noes being demanded, those who voted in the affirmative were Messrs. Ashe, Balch, Brown, Hardwicke, Jones of Hickman, Jones of Lincoln, Laughlin, Love, Marshall, Reneau, Sevier, Terry, Turney, Warner, Wheeler and Speaker Coc-16. The negative voters were Messrs. Gillespy and Yoakum-2. And so said bill passed its third reading. A bill to abolish the Mayor's court of the city of Nashville, and for other purposes, was read a third time and passed-ayes 17. The ayes and noes being required, those who voted in the affirmative were Messrs. Ashe, Baleh, Brown, Gilley, Hardwicke, Jones of Hickman, Jones of Lincoln, Lang hille, Love, Reneau, Sevier, Terry, Turney, Warner, Wheeler, Yoakum and speaker toe-17. A bill to amend the reverd in of tai citate, in relation to the inspection of tolero, was read a did time and passed; ayes 12, noes 6. The ayes and noes being demanded, those who voted in the affirm ative were Me srs. Ache, Brown, Cilepy, Hardwicke, Jones of Hickman, Jones of Lincoln, Laughlin, Love, Reneau, Sevier, Wheeler and Mr. Speaker Coe-12. The negotive voters were, Messrs. Balch, Marell, Terry, Turney, Warner and Yoakum-6. And to said bill passed its third reading. Mr. Yoakum presented the following protest for himself and others. The undersigned, who opposed in the Senate the passage of a bill entitled, a bill to extend the act of 1537-8, ch. 206, and creating the merchants' insurance and trust company of Nashville, protest against the passage of said bill for the following reasons. 1. The said bill creates a corporation to continue for twenty-nine years, and contains no provision by which any future Legislature may alter, repeal or modify the same. This, the undersigned believe is a material omission, and would seem to how that we have more confidence in the corporation than in the Representatives of the People.— The undersigned do not believe the Legidature have the power (or if they have, it should not be exerci ed) to control the present, much less the future generation by any charter which may become to them a burthen, without, at the same time, reserving to their Representatives power to obtain relief. 2. There is nothing in said bill which makes the stockholders in said company liable in their individual property for claims against the company. Without this provision the under igned can see no means by which the honest creditors of said company can collect their debts.-There will be nothing tangible upon which to levy and make satisfaction, and it would depend entirely upon the houe ty of the corporators whether they pay the claims against them or not. The undersigned cannot believe that corporations of any kind.are mere ouest than individuals. If we have an efficient remedy against the latter, why not also against the former? As corporators divide among them, and enjoy individually the premium paid into the citce, they ought to be liable individually for losses sustained upon property in ured. The foregoing reasons the undersigned desire may be entered upon the journals. December 20, 1939. II. YOAKUM.. A message from the House of Representatives, proposing an amendment in lieu of the whole from the enacting clause to the bill to establish the town of Chattanooga, in Hamilton county, and to incorporate the inhabitants thereof, and also proposing an amendment to the bill to protect the owners of mills in their just rights, was taken up, severally read and concurred with. A bill to incorporate the town of Morganton, in the county of Blount, was taken up and read. Mr. Marshall moved to amend by striking from said bill all that part thereof providing for the election of a justice of the peace; which motion prevailed. On motion of Mr. Reneau, the said bill was ordered to the table. A bill to authorize the Clerk and master at Sommerville to appoint a deputy, was read a third time, passed and ordered to be transmitted to the House of Representatives. A bill for the benefit of sheriffs, and to pay the guard necessary for carrying prisoners to jail, was read a third time and passed-ayes 16, noes 3. The ayes and noes being demanded, those who voted in the affirmative were Messrs. Ashe, Balch, Brown, Gillespy, Hardwicke, Jennings, Laughlin, Love, Marshall, Reneau, Sevier, Turney, Warner, Wheeler, Yoakum and Speaker Coe-16. The negative voters were, Messrs. Jones of Hickman, Jonés of Lincoln and Terry-3. And so said bill passed its third reading, was ordered to be en rossed, and transmitted to the House of Representatives. Mr. Warner moved a reconsideration of the vote on Mr. Marshall's motion to strike out so much of the bill incorporating the town of Morganton as provides for the election of a justice of the peace; which motion prevailing, . Mr. Warner asked leave to withdraw the said bill for further amend ment. The Senate concurred with the amendment proposed by the House of Representatives to a bill to prevent slaves from acting as though they were free persons of color. A bill to amend the acts incorporating the town of Memphis, was read a third time, passed, and ordered to be engrossed and transmitted. to the House of Representatives. Mr. Jones of Lincoln submitted the following: Resolved, That it shall be a standing rule of the Senate that after the transaction of the morning's business under the existing rules, business shall be done in the following order, to wit: 1. The introduction of Resolutions and Bills. 2. Resolutions which have been introduced shall be considered. 3. House bills on their first reading. 4. House bills on their second reading. 5. House bills on their third reading. 7. Senate bills on their third reading. And that the Speaker shall direct the business to be taken up accordingly, and that no bill or resolution shall be introduced or considered otherwise than prescribed in this resolution. Then the Senate adjourned. SATURDAY MORNING, Dec. 21, 1839.. Mr. Laughlin presented a petition signed by Hugh O. Neal and sun. dry citizens of the 10th Civil District of Coffee county on the subject of herding cattle. Which was read and ordered to be transmitted to the House of Representatives. Mr. Warner from the committee on claims, to whom was referred, a Bill for the benefit of the citizens of Hickman county and for other purposes, reported 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. Jones of Lincoln from the committee on Banks, to whom was referred, a Bill to remove the Branch of the Bank of Tennessee from Clarksville in the county of Montgomery, to the town of Sparta, in the county of White, reported that the committee have had the same under consideration, think its provisions reasonable, and had instructed him to recommend its passage. On motion of Mr. Turney the bill was laid on the table. Mr. Turney returned with an amendment, a bill to regulate and alter the time of holding certain Chancery courts and Circuit courts and for other purposes. On motion of Mr. Yoakum the said bill and amendment were ordered to the table. Mr. Hardwicke introduced A Bill supplemental to an act passed Jan. 19th 1838 to charter the White's Creek Springs, which was read a first time and passed. Mr. Warner returned with an amendment to the bill to incorporate the citizens of the town of Morgantown in Blount county, which amendment is as follows, to wit: Be it enacted, That each incorporated town in this State shall be entitled to at least one resident Justice of the peace within the bounds of said corporation, and in case any such corporation have no resident justice of the peace within the bounds thereof, the qualified voters of the civil district in which such corporation is situated, shall elect such justice of the peace under the same rules, regulations and restrictions that other justices of the peace are elected to fill vacancies. And if such justice of the peace shall remove without the limits of said corporation, his office shall become void, and his functions cease. On motion of Mr. Reneau the said bill and amendments were ordered to the table. Mr. Ashe introduced A Bill for the relief of femes covert, which was read a first time and passed. Mr. Jones of Lincoln moved to take up a resolution offered by him on yesterday to amend the standing rules of the Senate, which was ordered up and read. On motion of Gillespy the last resolution was ordered to be stricken put. Mr. Yoakum moved to amend by adding to the third rule, 'bils |