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Nichol, President of the Bank of Tennessee, and R. H. M'Ewen, Superintendent of Public Instruction, in relation to the common school fund; which was read and ordered to be transmitted to the House of Representatives.

A bill to incorporate the Shelbyville, Winchester and Jasper Turnpike Company, was read.

Mr. Jones of Lincoln offered the following:

Be it enacted, That the individual property of the Stockholders of the company hereby incorporated shall be liable for the debts of the corporation.

Mr. Yoakum moved to lay said bill and amendment on the table,which motion prevailed.

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

Mr. Speaker: The House of Representatives have adopted a resolution to go into the election of three inspectors for the Penitentiary on this day at three o'clock, p. m., in which they ask your concurrence. And then he withdrew. Thereupon the said resolution was read and concurred with.

Ordered, That the clerk acquaint the House of Representatives therewith.

A bill directory to the Secretary of State, where any person or persons has laid or entered any genuine land warrant or certificate of warrant, and obtained grants thereon, on any land appearing by the books of the entry taker of the county wherein the same may be situated, to be vacant, which was not vacant, to issue to such person or persons duplicate warrants for the amount of such warrant or certificate of warrant, was read a third time and passed-ayes 16, noes 2.

The ayes and noes being demanded the affirmative voters were Messrs. Aiken, Balch, Brown, Frey, Gillespy, Hardwicke, Jones of Hickman, Jones of Lincoln, Love, Marshall, Reneau, Walton, Warner, Wheeler, Yoakum and Speaker Coe--16.

The negative voters were

Messrs. Smith and Turney-2.

And so said bill passed its third reading, was ordered to be engrossed and transmitted to the House of Representatives.

A bill to amend an act entitled, an act to dispose of the lands in the Ocoee district, passed 29th November, 1837, was read a third time and passed-ayes 10, noes 9.

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

Messrs. Aiken, Frey, Gillespy, Hardwicke, Love, Reneau, Smith, Terry, Turney and Walton-10.

Those who voted in the negative were

Messrs. Balch, Brown, Jones of Hickman, Jones of Lincoln, Marshall, Warner, Wheeler, Yoakum and Speaker Coe-9.

And so said bill passed its third reading, was ordered to be engrossed and transmitted to the House of Representatives,

A bill to allow Miller Francis office rent, was read a second time. Mr. Yoakum moved that said bill be indefinitely postponed.

And thereupon the question was had and determined in the negative-ayes 9, noes 12. The ayes and noes being demanded, those who voted in the affirmative were

Messrs. Balch, Jones of Hickman, Jones of Lincoln, Reneau, Walton, Warner, Wheeler, Yoakum and Speaker Coe-9.

The negative voters were

Messrs. Aiken, Ashe, Brown, Frey, Gillespy, Hardwicke, Laughlin, Love, Marshall, Smith and Turney-12.

So the Senate refused to postpone indefinitely.

The question then recurred upon the passage of the bill, and being thereon had, said bill was rejected.

A bill to regulate the salary of the Secretary of State, being read a third time,

Mr. Laughlin moved to fill the blank with the sum of $1200; which motion failed.

Mr. Aiken moved to fill said blank with the sum of $1000; whereupon the bill was read a third time and passed-ayes 14, noes 5.

The ayes and noes being required by the constitution, those who voted in the affirmative were

Messrs. Aiken, Brown, Frey, Gillespy, Hardwicke, Jones of Lincoln, Laughlin, Love, Marshall, Smith, Turney, Warner, Yoakum and Speaker Coe-14.

The negative voters were

Messrs. Anderson, Ashe, Balch, Jones of Hickman, Reneau, Walton and Wheeler-6.

And so said bill passed its third reading was ordered to be engrossed and transmitted to the House of Representatives.

A bill supplemental to an act passed 27th of December, 1839, entitled an act to regulate the receipt and disbursement of the common school monies, was read a third time and passed-ayes 21.

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

Messrs. Aiken, Anderson, Ashe, Balch, Brown, Frey, Gillespy, Hardwicke, Jones of Hickman, Jones of Lincoln, Laughlin, Love, Marshall, Sevier, Smith, Turney, Walton, Warner, Wheeler, Yoakum and Speaker Coe-21.

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And so said bill passed its third reading, was ordered to be engrossed and transmitted to the House of Representatives.

Mr. Jones of Lincoln moved a reconsideration of the vote rejecting the bill to make penal the misuse or misapplication of the public money; which motion prevailed.

Mr. Yoakum moved a reconsideration of the vote accepting the amendment of Mr. Jones of Lincoln in lieu of the bill; which motion prevailed.

Thereupon Mr. Jones of Lincoln moved to lay said amendment on the table.

And thereupon the question was had and determined in the affirmative-ayes 19. The ayes and noes being demanded, those who voted ⚫ in the affirmative were

Messrs. Anderson, Ashe, Brown, Frey, Gillespy, Hardwicke, Jones of Hickman, Jones of Lincoln, Love, Marshall, Reneau, Sevier, Smith, Turney, Walton, Warner, Wheeler, Yoakum and Speaker Coe-19. So said amendment was laid on the table.

Mr. Gillespy offered the following amendment to the original bill,to wit:

Provided the provisions of this act shall not extend to sheriffs, constables, county trustees, or clerks of the several courts in this State.

Mr. Yoakum moved to lay the foregoing amendment on the table. And thereupon the question was had and determined in the affirmative-ayes 11, noes 8. The ayes and noes being demanded those who voted in the affirmative were

Messrs. Ashe, Hardwicke, Jones of Hickman, Jones of Lincoln, Love, Smith, Turney, Warner, Wheeler Yoakum and Speaker Coe-11. The negative voters were

Messrs. Anderson, Brown, Frey, Gillespy, Marshall, Reneau, Sevier and Walton-8.

So said motion to lay on the table was sustained.

Mr. Marshall offered an amendment in lieu of the whole bill, to wit: That no public officer or other person, to whom the money, property or effects of this State is or shall be entrusted, shall fraudulently take, secrete or embezzel the same with intent at the time of such fraudulent taking, secreting or embezzelment, to defraud the State of such money, property or effects; and if any public officer or other person shall violate the provisions of this act, he shall be adjudged guilty of felony, and shall undergo confinement in the public jail and penitentiary house established in this State, for a period not less than three nor more than fifteen years.

To which Mr. Yoakum offered the following:

Provided that the appropriation by such officer of such public money to any other use or purpose than that prescribed by law, shall be taken and deemed as with fraudulent intent within the meaning of this

act.

And thereupon the question was had and determined in the negative-ayes 6, noes 13. The ayes and noes being demanded, the affirmative voters were

Messrs. Hardwicke, Jones of Lincoln, Smith, Turney, Wheeler and Yoakum-6.

Those who voted in the negative were

Messrs. Anderson, Ashe, Brown, Frey, Gillespy, Jones of Hickman, Love, Marshall, Reneau, Sevier, Walton, Warner and Mr, Speaker Coe-13.

And so said amendment was rejected.

Mr. Ashe offered an amendment to the original bill, which was accepted.

Mr. Reneau offered the following amendment to the original bill, to wit:

And provided that in no case shall the penalty of this act be incurred by any person charged, unless it shall appear in evidence on the trial

that the party charged intended to commit fraud, either against the State or some county in the State.

Mr. Yoakum moved to lay the bill and amendment on the table, which motion prevailed.

A bill to provide for appointing judges to hold county elections and for other purposes, was read a second time and passed.

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

Mr. Speaker: The House of Representatives are now ready to receive the Senate for the purpose of going into the election of Inspectors of the Penitentiary.

And then he withdrew. Whereupon the Speaker and Gentlemen of the Senate repaired to the hall of the House of Representatives, and being assembled in convention, the two houses proceeded to the election of said inspectors.

Messrs. William Carroll, Robert C. Foster, John Harding, Benjamin F. Weller, James Peacock and John D. Goss being in nomination, Senators who voted for Mr. Carroll, were

Messrs. Brown, Frey, Gillespy, Hardwicke, -Jones of Hickman, Jones of Lincoln, Laughlin, Love, Marshall, Sevier, Smith, Turney, Walton, Warner, Wheeler, Yoakam and Speaker Coe-17.

Senators who voted for Mr. Foster, were

Messrs. Anderson, Brown, Frey, Gillespy, Hardwicke, Jennings, Jones of Hickman, Jones of Lincoln, Laughlin, Love, Reneau, Smith, Turney, Walton, Warner, Wheeler, Yoakum and Speaker Coe-18. Those who voted for Mr. Harding, were

Messrs. Gillespy, Hardwicke, Jones of Hickman, Jones of Lincoln, Laughlin, Love, Smith, Turuey, Warner, Wheeler, Yoakum and Speaker Coe-12.

Those who voted for Mr. Weller, were

Messrs. Anderson, Brown, Frey, Jennings, Marshall and Sevier-6.
Those who voted for Mr. Peacock, were

Messrs. Anderson, Jennings, Marshall, Reneau and Sevier--5.
Those who voted for Mr. Goss, were

Messrs. Reneau and Walton-2.

The call being continued by the House of Representatives, the aggregate vote was for Carroll, 68 votes; for Foster, 74 votes; for Harding, 51 votes; for Weller, 15 votes; for Peacock, 23 votes; and for Goss, 5 votes.

Whereupon the Speaker of the Senate declared Messrs. Carroll, Foster and Harding duly and constitutionally elected inspectorrs of. the penitentiary for two years, aud to hold their offices until new appointments be mrde. And thereupon the Speaker and Gentlemen of the Senate returned to their own chamber.

The Senate took up a bill to incorporate the Shelbyville, Winchester and Jasper turnpike company.

The question then recurred upon the amendment heretofore offered by Mr. Jones of Lincoln, and being thereon had said amendment was rejected. The bill was then read a third and last time and passed, or

dered to be engrossed and transmitted to the House of Representatives. A bill for the relief of Allen D. Gentry of Monroe county was read and passed a second time.

A bill for the relief of Edward Sharp was read.

Mr. Jones of Hickman moved to strike out the words "same kind of funds."

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

Messrs. Anderson, Ashe, Brown, Jones of Hickman, Jones of Lincoln, Laughlin, Reneau, Warner, Yoakum and Speaker Coe-10.

Those who voted in the negative were

Messrs. Balch, Frey, Gillespy, Hardwicke, Love, Marshall, Sevier, Smith, Terry, Turney, Walton and Wheeler-12.

So said motion to strike out was rejected.

The question then recurred upon the passage of the bill, and the question 'shall the bill pass?' being put, it was determined in the affirmative-ayes 16, noes 6.

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

Messrs. Anderson, Frey, Gillespy, Hardwicke, Laughlin, Love, Marshall, Reneau, Sevier, Smith, Terry, Turney, Walton, Wheeler, Yoakum and Speaker Coe-16,

Those who voted in the negative were

Messrs. Ashe, Balch, Brown, Jones of Hickman, Jones of Lincoln and Warner-6.

So said bill passed its third reading, was ordered to be engrossed and transmitted to the House of Representatives.

The Senate resumed the consideration of the bill to make penal the misuse or misapplication of the public money.

And the question being upon the amendment offered by Mr. Reneau, 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, Ashe, Brown Frey, Gillespy, Marshall, Reneau, Sevier, Terry and Walton-10..

Those who voted in the negative were

Messrs. Balch, Hardwicke, Jones of Hickman, Jones of Lincoln, Laughlin, Smith, Turney, Warner, Wheeler, Yoakum and Speaker Coe-11.

So said amendment was rejected.

The question then recurred upon the amendment offered by Mr. Marshall, and being thereon had it was determined in the negative ayes 11, noes 11.

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

Messrs. Anderson, Brown, Frey, Gillespy, Love, Marshall, Reneau, Sevier, Terry, Walton and Warner-11.

Those who voted in the negative were

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