Messrs. Aiken, Gillespy, Hardwicke, Jones of Hickman, Jones of Lincoln, Laughlin, Love, Smith, Turney, Warner, Wheeler, Yoakum and Speaker Coe--13. * Those who voted in the negative were Messrs. Anderson, Ashe, Brown, Frey, Jennings, Marshall, Reneau, Sevier, Terry and Walton-10. 'And so said vote was reconsidered. The question was then had upon Mr. Jones's motion to strike out, and determined in the affirmative-ayes 13, noes 10. The ayes and noes being demanded those who voted in the affirmative were Messrs. Aiken, Gillespy, Hardwicke, Jones of Hickman, Jones of Lincoln, Laughlin, Love, Smith, Turney, Warner, Wheeler, Yoakum and Speaker Coe-13 The negative voters were Messrs. Anderson, Ashe, Brown, Frey, Jennings, Marshall, Reneau, Sevier,Terry, and Walton-10. And so said motion prevailed. Mr. Jennings thereupon offered the following as an amendment to said bill, to wit: That in the event the seat of Government being removed to Murfreesborough, the electors of President and Vice President of the U. States who may be elected to cast the vote of Tennessee at the ensuing presidential election, shall meet for that purpose at the town of Murfreesborough, at the time prescribed by law. Mr, Turney moved to lay said amendment on the table. And thereupon the question was had and determined in the affirmative-ayes 13, noes 10. The ayes and noes being demanded, those who voted in the affirmative were Messrs. Aiken, Gillespy, Hardwicke, Jones of Hickman, Jones of Lincoln, Laughlin, Love, Smith, Turney, Warner, Wheeler, Yoakum and Speaker Coe-13. Those who voted in the negative were t Messrs. Anderson, Ashe, Brown, Frey, Jennings, Marshall, Reneau, Sevier, Terry and Walton-10. And so said amendment was laid on the table The question then recurred upon a concurrence with the amendment of the House of Representatives as amended by the Senate, and being had thereon it was determined in the affirmative; ayes 12, noes 11. The ayes and noes being required by the constitution, those who voted in the affirmative were Messrs. Aiken, Gillespy, Hardwicke, Jones of Hickman, Jones of Lincoln, Laughlin, Love, Smith, Warner, Wheeler, Yoakum and Speaker Coe-12. The negative voters were Messrs. Anderson, Balch, Brown, Frey, Jennings, Marshall, Reneau, Sevier, Terry, Turney and Walton-1. And so said amendment was concurred with. Resolved by the General Assembly of the State of Tennessee, That the resolution heretofore adopted fixing the day of adjournment of the present session of the legislature on Saturday the 1st day of February, be and the same is hereby rescinded and that the two Houses will close the present session of the General Assembly on the February, 1840. And thereupon the Senate adjourned. day of SATURDAY MORNING, Feb. 1, 1840. Mr. Gillespy submitted the following, to wit: Whereas, grants now in the office of the Secretary of State have been signed by Newton Cannon, former Governor of Tennessee, and during his term of service, not countersigned by the Secretary of State, and sealed by the seal of the State, therefore, Resolved by the General Assembly of the State of Tennessee, That the present Secretary of State be directed to countersign and scal any grant in his office and affix the seal of the State to the same, which has been signed by Newton Cannon, former Governor of this State, and during his term of service, not signed and sealed by the then acting secretary of State: Provided the grants so to be signed by the secretary of State shall have been signed in the office of the secretary, and shall be in the office and actually signed by the said Newton Cannon. And whereas, many grants have been issued by the register of this State, and before the same were signed by the Governor, and countersigned and sealed by the Secretary of State, have been lost destroyed or mislaid, and whereas the registers by law are required when grants are issued by them, to note upon their registers the entries, number and quantity of such grants, and as such grantees cannot obtain a legal title to such lands, wherefore Resolved, That the Register of this State be directed upon the affidavit of any grantor of the loss or destruction of any grant issued in his or her favor by any of the Registers of this State, before the same was signed by the Governor and sealed by the Secretary of State, to issue a duplicate grant for the same quantity of acres, and of the same date and number of the original grant, as the same shall appear from his register, and the Governor is directed to sign and the Secretary of State to countersign and seal the same. And the rule being suspended requiring resolutions to lie one day on the table, the said resolution was read and adopted. Mr. Jennings presented the following, to wit: The undersigned having recorded his vote against a proposition to repeal so much of the law relative to the Corporation) of Nashville as requires the payment of taxes due the corporation, as a qualification in voting for the the officers, here affirms, that said vote was given, not in accordance with his own sentiments, but under the belief that he was acting in obedience to instructions. The undersigned would not have voted for the law in question, had he been a member if the General Assembly at the time of its adoption, and pledgus himself to use his influence ever hereafter to prevent its re-enactment. (Signed) THOMAS R. JENNINGS. Mr. Jones of Lincoln, from the committee on Finance, made the following report, to wit: REPORT OF THE COMMITTEE ON FINANCE, Showing the mileage and per diem allowance of the members and officers respectively of the Senate at the regular Session of the 23d General Assembly, the aggregate amount received by each, and a detailed statement of the incidental and contingent expenses of the 18.50 F. G. Roache, Sergeant at Arms to attend committee R. D. Casey, amount paid S. P. Hunt for keepinging R. D. Casey, amount paid for sawing wood for the Senate, 85 00 8 25 $15,698 08 CONTINGENT EXPENSES. To F. R. Raines, for wood furnished the General Assembly, 72.00 do do 30 00 Eichbaum and Bernard, for Books and Stationery, 14 50 on school monies, at $4 per day, 56 00 J. B. Clements, witness before do do 4.00 George W. Dennis, Thomas S. Bullock, for fitting up Senate chamber, at the commencement of present session. Berry and Tannehill, for candles and stationary for the Senate, Timothy Kezer, for hire of black man, Ned, to make fires and keep water in Senate, &c. 20 00 447 54 87 75 $16,466 87 All of which is respectfully submitted, GEORGE W. JONES, Chairman of Senate's Committee on Finance. Which was read and concurred with. Mr. Jennings from the Joint Select Committee on the Penitentiary, made the following report, which had heretofore been sumbitted to the Senate, but not then spread upon the journal, to wit: The joint select committee of the Senate and House of Representatives to whom was referred the memorial of the Penitentiary Turnpike Company, together with all bills, resolutions and other papers relating thereto, in the performance of the duties assigned to them, have made careful research in addition to having heard and weighed much testimony. The result of their labors will be found in the following statement of facts and inferences, sub mitted with the hope, that it will enable this General Assembly to form correct conclusions, in respect to the course of proceedure best adapted to terminate the unhappy controversy which gave rise to the present tedious and perplexing investigation. At the very outset of this report the committee think it right, that attention should be directed to the charter of the road which the Penitentiary Turnpike Company is authorized to construct. The improvement contemplated cannot with propriety be regarded as a work of great public utility. It is a thing of mere neighborhood convenience, and should be so esteemed and treated by this Legislature. It is a M'Adamized road, which, when incorporated, will not contribute to the interest of general commerce, neither by its course nor its extent, nor the facili ties it will afford to travel and the transportation of merchandize. On the contrary, it is to commence at the limits of the corporation of Nashville, and is to be extended only five miles, and that too, in the direction of no important current of trade or channel of intercourse. The chief advantages arising from it, would accrue to the traffic in its immediate vicinity, consisting, for the most part, in an exchange of wood, forage and other heavy articles of country produce, for the manufactures and imports of our metropolis. The committee are firm in the belief that the direction indicated, is one, the existence of which will be immediately admitted, at the same time, that it will be made the subject of constant reference in all future deliberations touching the matter now under discussion. The Legislature cannot fail to be struck with the truth, as well with the importance of the position, that all action on the part of that body, which would affect the great and all-pervading interest of general commerce, should be guided by rules and principles very different from those which should govern it in its determinations respecting works of improvement, which are as much limited in respect to their extent as to their beneficial results and tendencies. Projects of the former character should have countenance, and be fostered in despite of that hostility, which, though manifested by a large number of individuals, would be insignificant when the great resulting benefit to the community at large was taken into consideration. On the other hand, schemes of the kind last described, as they are confined in their operation, whether for good or for evil, should not be undertaken without the consent of at least a majority of those who are to be affected, either in their interest or their wishes; for the committee cannot assent to the proposition that under a representative form of government, there should be in such cases, the slightest manifestation of a disregard of public opinion. No sanction can be given here, to the notion that it would be right to force any portion of the community to adopt a project like that now under consideration, even though its usefulness to all parties concerned, might be established by proof amounting to proofs of the clearest demonstration. The reasons why the distinctions just pointed out are so plainly defined, and so strenuously insisted upon, will be readily perceived and appreciated where it is situated that a measure will be recommended in relation to the Penitentiary Turnpike, which the committee would not, without much hesitation, advise respecting any of our new extended works of public improvement. That measure is developed in a bill lately introduced by the Senator from Hickman county (Mr. Jones) as well as in another bill varying in form and phrase, but substantially the same, on the score of provisions, presented a few days since, by one of the Representatives of Davidson county (Mr. 1 |