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coln, Laughlin, Love, Sevier, Smith, Turney, Warner and r Speaker Coe-12.

Those who voted in the negative were

Messrs. Anderson, Balch, Frey, Gillespy, Jennings, Marshall, Reneau, Terry, Walton, Wheeler and Yoakum-12.

So said amendment was rejected.

The question then recurred upon the passage of the bill, and being thereon had, said bill was rejected-ayes 12, noes 12.

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 Warner, Wheeler and Yoakum, 12. Those who voted in the negative were

Messrs. Anderson, Ashe, Brown, Frey, Jennings, Marshall, Reneau, Sevier, Terry, Turney, Walton and Speaker Coe-12.

And so said bill was rejected.

The Senate took up and considered the amendment proposed by the House of Representatives to the bill to distribute the academy monies, and for other purposes.

Mr. Yoakum moved a nonconcurrence with so much thereof as proposes to strike out the words 'Murfreesborough Female Academy,' and so much as proposes to strike out a part of the second section of said bill: which motion prevailed.

Mr. Turney moved a nonconcurrence with so much of said proposition as prescribes the manner in which vacancies shall be filled; which motion failed.

Mr. Aiken moved a nonconcurrence with so much of said message as proposes to strike from said bill the name of "Balch," and insert the the name of "Emmet:" which motion prevailed.

The remainder of the message was read and concurred with.

Mr. Jones of Hickman moved a further amendment to the amendment of the House to said bill; which was accepted.

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

Mr. Anderson introduced a bill to authorize the Cumberland and Stone's River Turnpike Company to surrender a part of their charter for a part of said road; which was read a first time and passed.

Mr. Laughlin submitted the following, to wit;

Whereas, it is the opinion of this General Assembly that the Union Bank of the State of Tennessee and the Planters Bank of Tennessee, and the Farmers and Merchants Bank of Memphis have violated their charters respectively, and that the same have been respectively forfeited.-Therefore

Resolved by the General Assembly of the State of Tennessee, That the Attorney General be, and he is hereby directed, unless said Banks and their brances respectively, shall well and truly resume specie payments for all their notes and liabilities, according to the tenor thereof, on or before the first day of June, 1840, to issue writs of scire facias respectively against said Union Bank of Tennessee, said Planters Bank

of Tennessee and said Farmers and Merchants Bank of Memphis, from the Supreme Court of the State at Nashville, specifying with precision the nature of the complaint, according to the right reserved to issue and prosecute such writs in the respective charters of said banks, and shall prosecute such writs to judgment according to law and the provisions of the charters of said banks respectively.

A bill to locate additional branches of the Planters bank, and for other purposes, was taken up and read.

Mr. Marshall offered an amendment in lieu of the whole.

Mr. Anderson moved to lay said amendment on the table, which motion prevailed.

Thereupon the bill passed its second reading."

Mr. Frey, from the committee on enrollments, reported as correctly enrolled, an act to establish a branch of the Bank of Tennessee at Sparta, in the county of White.

There on the Speaker of the Senate signed said enrolled act, and ordered it to be transmitted to the House of Representatives.

A bill for the relief of Allen D. Gentry, of Monroe county, was read a third time and passed-aycs 14, nays 9.

The ayes and noes being demanded by the constitution, the affirmative roters were

Meesra. Aiken, Anderson, Frey, Gillespy, Hardwicke, Jennings, Laughlin, Love, Marshall, Reneau, Sevier, Smith, Walton and Wheeler-14.

Those who voted in the negative were

Messrs.Balch, Brown, Jones of Hickman, Jones of Lincoln, Terry, .. Turney, Warner, 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.

Mr. Turney moved a reconsideration of the vote respecting the bill to regulate banks and banking in this State.

Mr. Marshall moved a reconsideration of the vote rejecting the bill to incorporate the Tazewell and Sevierville turnpike company; which motion prevailed-ayes 15, noes 7.

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

Mesors. Aiken, Anderson, Ashe, Frey, Gillespy, Hardwicke, Jennings, Laughlin, Marshall, Reneau, Sevier, Smith, Terry, Walton and Speaker Coe-15.

Those who voted in the negative were

Messrs. Balch, Jones of Hickman, Joncs of Lincoln, Turney, Warner, Wheeler and Yoalum-7.

Ro said vote was reconsidered.

Mr. Renon offered the following amendment to the third page, at the end of the provi o in the first section, to wit:

And provided also, that said company shall not erect any toll gate on any second class road, or in any way obstruct or hinder the citizens from passing and repassing on such second class road free of toll, unless the county court of the county where such second class road lies, a

majority of the justices being present, shall permit and authorize the said company so to do.

Which amendment was adopted.

The said bill was thereupon read a third time and rejected—ayes 11, noes 11.

The ayes and noes being required by the Constitution, the affirmative voters were

Messrs. Anderson, Ashe, Brown, Frey, Gillery, Jennings, Marshall, Reneau, Terry, Walton and Speaker Coe-11.

The negative voters were

Messrs. Balch, Hardwicke, Jones of Hickman, Jones of Lincoln, Laughlin, Sevier, Smith, Turney, Warner, Wheeler and Yoakum-11I. So said bill was rejected.

A bill to authorize the county courts of Bradley and Polk counties to elect surveyors, and for other purposes, was read.

Mr. Gillespy offered the following amendment, to wit:

Be it enacted, That the militia of the county of Tolk shall constitute the 152 regiment, and shall be attached to the.Gth brigade of Tennessee militia; and an election shall be held in the manner and at the places prescribed by law on the 24 Thursday of September next, in said county, for the appointment of militia oflicers for said regiment.

Said amendment was accepted.

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

A bill prescribing the mode of choosing clectors to vote for President and Vice President of the United States, was road and passed a first time in Senate..

A bill to make penal the misuse and misapplication of the public monies, was taken up and read.

Mr. Warner offered an amendment, to wit:

Provided, that no clerk, sheriff, constable or other county officer in this State shall be subject to the punishment inflicted under the provisions of this act, provided such clerk, sheriff, constable or other county officer, or either of them, shall faithfully and punctually pay over ail monies by them collected, as the law directs.

Which amendment was adopted-aves 17, noes 4.

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

Messrs. Aiken, Anderson, Brown, Frey, Hardwicke, Jennings, Jones of Hickman, Laughlin, Love, Marshall, Reneau, Smith, Turney, Warner, Wheeler and Speaker Coe-17.

The negative voters were

Messrs. Balch, Gillespy, Jones of Lincoln and Yoakum-4.

And so said amendment was adopted.

Mr. Yoakum offered an amendment, to wit:

Provided, That if any officer entrusted with puble monies shall ap ply any part of such monies to any other purpose, than that prescribed. by law, he shall be deemed guilty under this act.

Said amendment was rejected--ayer 7, toes 10.

The ayes ative were

and noes being demanded those who voted in the affirm

Messrs. Balch, Hardwicke, Jones of Lincoln, Laughlin, Smith, Wheeler and Yoakum-7.

Those who voted in the negative were

Messrs. Aiken, Anderson, Brown, Frey, Gillespy, Jennings, Jones of Hickman, Marshall, Reneau, Sevier, Turney, Warner and Speaker Coe-16.

So said amendment was rejected.

The question then recurred upon the passage of the bill, and being had thereon said bill passed its third reading-ayes 12, noes 10.

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

Messrs. Aiken, Gillespy, Hardwicke, Jones of Hickman, Laughlin, Love, Smith, Turney, Warner, Wheeler, Yoakum and Speaker Coe, 14, The negative voters were

Messrs. Anderson, Balch, Brown, Frey, Jennings, Jones of Lincoln, Marshall, Reneau, Sevier and Terry-10.

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

WEDNESDAY MORNING, Jan. 22, 1840. Mr. Speaker Coe presented a communication from Luke Lea, entry taker, addressed to the General Assembly of the State of Tennessee, which was read and ordered to be transmitted to the House of Representatives,

Mr. Smith presented a memorial from sundry citizens of Maury county, praying for the incorporation of a company to be called the "Duck river steam navigation company." And

Introduced a bill to incorporate the "Duck river steam navigation company," which was read a first time and passed.

Mr. Frey, from the committee of Ways and Means, to whom was referred, a bill to give to Coffee county the State tax for the year 1840, reported that the committee have, had the same under consideration, and had instructed him to report the provisions thereof unreasonable and recommend its rejection:

Mr. Warner moved a non-concurrence with said report, which motion failed, and thereupon raid report was concurred with-ayes 8, noes 15.

The ayes and noes being demanded, the affirmative voters were Messrs. Gillespy, Laughlin, Sevier, Terry, Turney, Warner, Wheeler and Yoakum-S.

The negative voters were

Messrs. Aiken, Anderson, Ashe, Balth, Brown, Frey, Hardwicke, Jones of Hickman, Jones of Lincoln, Love, Marshall, Reneau, Smith, Walton and Speaker Coe-15.

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So said motion to non-concur failed, whereupon the bill was read and rejected.

Mr. Aiken from the committee on education and common schools, to whom was referred, a bill for the relief of such persons as made improvements upon school land in the Ocoee district, reported that the committee have had the same under consideration, and had instructed him to offer an amendment in lieu of the bill and recommend its passage.

And thereupon the question was had and determined in the affirmative-ayes 16, nays 6. The ayes and noes being demanded, the affirmative voters were

Messrs. Aiken, Anderson, Ashe, Balch, Frey, Gillespy, Hardwicke, Laughlin, Love, Reneau, Sevier, Smith, Terry, Turney, Walton and Yoakum-16.

Those who voted in the negative were

Messrs. Jones of Hickman, Jones of Lincoln, Marshall, Warner, Wheeler and Speaker Coe-6.

So said report was concurred with.

The question was then had upon the passage of the bill, and determined in the affirmative-ayes 12, noes 11.

1

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

Messrs. Aiken, Ashe, Balch, Gillespy, Hardwicke, Laughlin, Love, Reneau, Sevier, Smith, Terry and Turney-12.

Those who voted in the negative were

Messrs. Anderson, Brown, Frey, Jones of Hickman, Jones of Lincoln, Marshall, Walton, Warner, Wheeler, Yoakum and Mr. Speaker Coe-11.

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

Mr. Frey from the committee of enrollments, reported as correctly enrolled, an act to incorporate the Nashville and White's creek springs turnpike company.

Thereupon the Speaker of the Senate signed said enrolled act, and ordered it to be deposited in the office of the Secretary of State. Mr. Terry submitted the following, to wit:

A resolution to amend the fourth section of the tenth article of the Constitution of this State.

Resolved by the General Assembly of the State of Tennessee, That the fourth section of the tenth article of the constitution of this State, be so amended that the counties of Bledsoe and Marion shall come under the general provisions of the constitution in forming new counties.

Mr. Jennings moved that the resolution heretofore offered by him,' proposing an amendment to the constitution be taken up, which was so ordered, and on his motion said resolution was read and rejected.

Mr. Jennings then moved that the rule requiring resolutions to lie one day on the table be suspended, for the purpose of considering the resolution offered by Mr. Terry, which being suspended, Mr. Jennings

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