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read a first time, passed, and referred on motion of Mr. Yoakum to the committee on education and common schools.

The Senate resumed the consideration of the preamble and resolutions directory to our Senators in the Congress of the United States, and after some discussion being had thereon, the Senate adjourned until half after two o'clock this evening.

Half after two p. m. the Senate took up and considered the insisting message from the House of Representatives to elect a register for the Mountain District on to-morrow.

Mr: Smith moved a non-concurrence which prevailed.

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

A Bill from the House of Representatives to suspend so much of an act entitled an "act to establish a State Bank, to raise a fund for internal improvement and to aid in the establishment of a system of education, passed the 19th day of Jan. 1828, as authorizes and requires the executive of the State to issue the bonds of the State," was read a first time and passed.

The Senate again resumed the consideration of the preamble and resolutions directory to our Senators and Representatives to the Congress of the United States, and after some time spent in the discussion thereof,

Then the Senate adjourned.

WEDNESDAY MORNING, Nov. 6, 1839. The petitions of sundry citizens of Giles county, remonstrating against a repeal of an act, entitled "an act to repeal all laws licensing tippling houses and for other purposes, was on motion of Mr. Jones of Lincoln, ordered to be transmitted to the House of Representatives.

Mr. Speaker Love presented returns from James B. Rutland, clerk and master of Wilson chancery court; D. L. Morrison, clerk and master of the chancery court at Pulaski; and Robert P. Harrison, clerk and master of the 6th chancery district; made in obedience to a resolution of the Senate, adopted the 19th Oct. 1839, sohwing the number of suits transferred to their respective courts from the different circuit courts, which was ordered to be referred to the committee on the judiciary.

A Bill to suspend so much of an act entitled an act to establish a State Bank, to raise a fund for internal improvement, and to aid in the establishment of a system of education passed the 19th Jan. 1838, as authorizes and requires the executive of the State to issue the bonds of the State, was taken up on its second reading.

Mr. Gillespy moved to amend by striking from the proviso, all that part thereof after the words "recited act."

Mr. Balch thereupon asked and obtained leave to withdraw the same for amendment.

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 several elections set apart for this day.

And then he withdrew. Whereupon the Speaker and Gentlemen of the Senate repaired to the Hall of the House of Representatives, and thereupon the two Houses proceeded viva voce, to the election of an Attorney General for the State; West H. Humphries and Return J. Meigs being in nomination.

Those who voted for Mr. Humphries were

Messrs. Aiken, Balch, Coe, Hardwicke, Jones of Hickman, Jones of Lincoln, Laughlin, Smith, Turney, Warner, Wheeler, Yoakum and Mr. Speaker Love-13.

Those who voted for Mr. Meigs were

Messrs. Anderson, Ashe, Brown, Frey, Gaines, Gillespy, Jennings, Marshall, Reneau, Sevier, Terry and Walton-12.

The votes being continued by the House of Representatives, it appeared that the aggregate vote was for Humphries-51; for Meigs47; two scattering. Whereupon the Speaker declared West H. Humphries of the county of Fayette, duly and constitutionally elected Attorney General of the State of Tennessee.

The two Houses proceeded in like manner to the election of Comptroller of the Treasury. Daniel Graham Esq. alone being in nomination, received the entire vote of the Senate (except Mr. Jennings,) who voted for Mr. Meigs.

The vote being continued by the House of Representatives, the aggregate vote was for Graham, 97. Whereupon the Speaker of the Senate declared Daniel Graham, to be duly and constitutionally elected.

The two Houses proceeded in like manner to the election of a Treasurer for the State. Miller Francis, Joel M. Smith and E. Dibrell Esqs. being in nomination.

Those who voted for Mr. Francis, were

Messrs. Aiken, Ashe, Anderson, Balch, Brown, Frey, Gaines, Gillespy, Jennings, Jones of Hickman, Laughlin, Reneau, Sevier, Terry, Turney, Walton, Wheeler and Mr. Speaker Love-18.

Those who voted for Mr. Smith, were

Messrs. Coe, Hardwicke, Jones of Lincoln, Marshall, Warner and Yoakum-6.

Mr. Smith voting for Mr. Dibrell-1.

The voting continued by the House of Representatives. The aggregate vote stood for Francis, 61;, for Smith, 32; for Dibrell, 5; two scattering. Whereupon the Speaker of the Senate declared Miller Francis, Esq., duly and constitutionally elected Treasurer of the State

of Tennessee.

And thereupon the Speaker and Gentlemen of the Senate returned to their own chamber.

Mr. Balch returned with an amendment, in lieu of the whole from the enacting clause, a Bill to suspend so much of an act, entitled an

M

act to establish a State Bank, to raise a fund for internal improvement, and to aid in the establishment of a system of education, passed 19th Jan. 1838.

The said Bill and amendment were on motion of Mr. Balch, ordered to the table.

The Senate again resumed the consideration of the preamble and resolutions directory to our Senators and Representatives in the Con gress of the United States, and after spending some time in the discus sion thereof,

The Senate adjourned.

THURSDAY MORNING, Nov. 7, 1839.

Mr. Jones of Lincoln introduced

A Bill to extend the corporate limits of the town of Fayetteville, in Lincoln county. Which was read a first time and passed.

The petition of sundry citizens of Dallas, praying certain privileges therein named, heretofore presented by Mr. Terry, was on his motion taken up and ordered to be transmitted to the House of Represen

tatives.

Mr. Hardwicke submitted the following:

Resolved, That the superintendent of the Penitentiary make to this Senate the report he is directed by law to make to the General Assembly, as soon as practicable.

And the rule requiring resolutions to lie one day on the table being suspended, the said resolution was adopted.

The Senate then resumed the preamble and resolutions directory to our Senators and Representatives in the Congress of the United States, and after some time spent in the discussion thereof,

The Senate adjourned.

FRIDAY MORNING, Nov. 8, 1839.

Mr. Smith, from the committee on enrollments, reported as correctly enrolled, an act to repeal the second section of an act entitled an act to extend the corporation of the town of Murfreesborough and for other purposes; passsed the 26th day of December, 1837. And also

An act to authorize the county courts to purchase and hold sites for offices for clerks of the county courts, and other county officers. Both of which were signed by the Speaker of the Senate and ordered to be transmitted to the House of Representatives.

Mr. Gillespy introduced,

A Bill for the benefit of Charles Lain of Bradley county, accompanied with a memorial from that individual which was read a first time, passed, and on motion of Mr. Reneau ordered to be referred to the committee on the judiciary.

A Bill to extend the corporate limits of the town of Fayetteville in Lincoln county, was read a second time and passed.

Mr. Laughlin submitted the following:

Resolved, That the Comptroller of the Treasury be required to report to the Senate at as early a day as practicable, what amount has been ascertained by judgment or award to have been duc from the late Joel Parish as cashier of the late State Bank and his securities to the State of Tennessee, or to the Common School Fund, and when the amount of the same has been ascertained to be due, from what persons as securities the same has been ascertained to be due, with the proportion of each, and the amount of such judgment or award which has been paid, and by whom paid, and the balance or balances due, and from whom due.

And the rule being suspended, on motion of Mr. Laughlin, said resolution was adopted.

The Senate again resumed the consideration of the preamble and resolutions directory to our Senators and Representatives in the Congress of the United States, and after some time spent in the discussion thereof, the Senate adjourned until half after 6 o'clock this evening.

Half past 6 p. m. the Senate met according to adjournment, and resumed the consideration of the Instructing Preamble and Resolutions, and after some discussion had thereon, the amendment of Mr. Jennings offered on the 31st Oct., was taken up and read.

Mr. Jones of Hickman moved to lay the said amendment on the table, and thereupon the question was had and determined in the affirmative-ayes 12; noes 11.

The ayes and noes being demanded, the affirmative voters were

Messrs. Aiken, Balch, Coe, Hardwicke, Jones of Hickman, Jones of Lincoln, Laughlin, Smith, Warner, Wheeler, Yoakum and Mr. Speaker Love-12.

Those who voted in the negative were,

Messrs. Anderson, Ashe, Brown, Frey, Gaines, Gillespy, Jennings, Marshall, Reneau, Sevier and Terry-11.

And so said amendment was ordered to the table.

'Mr. Wheeler moved the adoption of the two first sections of the preamble. And thereupon the question was had and determined in the affirmative-ayes 13, no33 10:

The ayes and nays being demanded, the affirmative voters were Messrs. Aiken, Balch, Coe, Gillespy, Hardwicke, Jones of Hickman, Jones of Lincoln, Laughlin, Smith, Warner, Wheeler, Yoakum and Mr. Speaker Love-13.

The negative voters were

Messrs. Anderson, Ashe, Brown, Frey, Gaines, Jennings, Marshall, Reneau, Savier and Terry--10.

And so said first two sections were adopted.

The third section was thereupon read and adopted-ayes 22. The ayes and nays being demanded, the affirmative voters were Messrs. Aiken, Anderson, Ashe, Balch, Brown, Coe, Frey, Gaines, Gillespy, Hardwicke, Jennings, Jones of Hickman, Jones of Lincoln,

Laughlin, Marshall, Reneau, Sevier, Smith, Terry, Warner, Wheeler Yoakum and Mr. Speaker Love~22.

And so said third section was adopted.

The fourth section of the said preamble being read, Mr. Jennings offered an amendment in lieu of the same, in lieu of which he accepted the following offered by Mr. Brown, to wit: "But this General Assembly deem no time proper for officers depending upon the Executive of the U. States to attempt to control or influence the free exercise of the elective right-freedom of election being essential to the mutual independence of Government, and of the different branches of the same Government, so vitally cherished by most of our Constitutions; and that no officer ought to attempt to influence the votes of other men, or take any part in the business of electioneering, that being inconsistent with the Constitution and his duty. And because the Constitutional remedy by the elective franchise becomes nothing if it may be smothered by the enormous patronage of the General Government, therefore any interference with elections by the officers of the General Go vernment ought to be deemed cause of removal.

Mr. Wheeler moved to lay the said amendment on the table, and the question being had thereon was determined in the affirmative; ayes 12, noes 10.

The ayes and noes being demanded, the affirmative voters were

Messrs. Aiken, Balch, Coe, Gillespy, Hardwicke, Jones of Hickman, Jones of Lincoln, Laughlin, Smith, Wheeler, Yoakum and Mr. Speaker Love-12.

The negative voters were

Messrs. Anderson, Ashe, Brown, Frey, Gaines, Jennings, Marshall, Reneau, Sevier and Terry-10.

And so said amendment was ordered to the table.

Mr. Jennings thereupon moved to strike from the said original section the word 'invaded' and insert in lieu thereof the word 'affected,' and thereupon the question was had and determined in the negativeayes 10, noes 13.

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

were

Messrs. Anderson, Ashe, Brown, Frey, Gaines, Jennings, Marshall, Reneau, Sevier and Terry-10.

The negative voters were,

Messrs. Aiken, Balch, Coe, Gillespy, Hardwicke, Jones of Hickman, Jones of Lincoln, Laughlin, Smith, Warner, Wheeler, Yoakum and Mr. Speaker Love; 12.

And so said motion was rejected.

The question then recurred upon the adoption of the said original fourth section, and being thereon had it was determined in the affirmtive-ayes 13, noes 10.

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

Messrs. Aiken, Balch, Coe, Gillespy, Hardwicke, Jones of Hickman,

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