Charter for a McAdamised Turnpike-road from Nashville to Stewart's Ferry, which was received and referred to the Committee on Internal Improvement.

The Senate took up the order of the day, it being a Resolution to go into the election of a Senator to Congress for six years, from the 4th day of March, 1839, together with a motion of Mr. Mitchell; that said resolution be postponed until the 2nd day in October, 1839; and the question being had upon the motion to postpone, it was determined in the negative.-Ayes 12— Noes 13.

The ayes and noes being demanded by Messrs. Guild and Mitchell,

The affirmative voters, are Messrs. Speaker Cahal, Balch, Carriger, Caruthers, Coe, Guild, Harkwicke, Johnson, Jones, Ledbetter, Lowry, and Mitchell-12.

The negative voters, are Messrs. Anderson of Davidson, Anderson of Wilson, Armstrong, Atkinson, Bradford, Bratcher, Brown, Dougherty, Frey, Graves, Marshall, Wear, and Whiteside-13.

The question then recurred upon the adoption of the resolution.

Mr.Whiteside moved to amend said resolution, by striking out the "14th” and insert in lieu thereof the "21st," which motion prevailed.

The resolution, as amended, was then read and adopted.-Ayes 13-Noes 12. The ayes and noes being demanded by Messrs. Guild and Bratcher,

The affirmative voters, are Messrs. Anderson of Davidson, Anderson of Wilson, Armstrong, Atkinson, Bradford, Bratcher, Brown, Dougherty, Frey, Graves, Marshall, Wear, and Whiteside-13.

The negative voters, are Messsrs. Speaker Cahal, Balch, Carriger, Caruthers, Coe, Guild, Hardwicke, Johnson, Jones, Ledbetter, Lowry and Mitchell-12. So said Resolution was adopted.

Ordered, That the Clerk acquaint the House of Representatives therewith, and ask their concurrence therein.

Mr. Anderson of Davidson introduced

A Bill to amend the Penal Laws of this State, which was read a first time, passed, and referred to the Judiciary Committee.

The Senate took up

A Bill from the House of Representatives, to declare Buffaloe river navigable from Bairdstown,, in Perry County, to its mouth, which was read a first time, passed, and referred to the Committee on Internal Improvement.

The Senate took up

A Bill to amend an Act, entitled "An Act to establish Circuit Courts," passed January 25, 1836, which was read a second time and passed.

On motion of Mr. Garriger, the Senate took up

A Bill to extend the jurisdiction of Justices of the Peace, and on his motion, he had leave to withdraw the same for amendment.

Mr. Caruthers introduced

A Bill to alter and amend so much of an Act, passed the 5th day of February, 1836, chapter 14, section 5," as compels persons owning property, or their agents, to attend in the district where the property lies, and list it with the Revenue Commissioner of that district, which was read a first time and passed.

Mr. Bratcher submitted the following:

Whereas, the Constitution of the State of Tennessee, plainly says, "that knowledge, learning and virtue, being essential to the preservation of Republican Institutions, and the diffusion of the opportunities and advantages of Education throughout the different portions of the State, being highly conducive to the promotion of this end:" And whereas, the Constitution expressly says, "it shall be the duty of the General Assembly, at all future periods of this Government, to cherish Literature and Science:" And whereas, the Constitution further says, "that the fund, called the Common School fund, and all the lands and proceeds thereof, dividends, stock, and other property of every description whatever, heretofore by law, appropriated by the General Assembly of this State,for the use of Common Schools; and all such as shall hereafter be appropriated, shall remain a perpetual fund, the principal of which shall never be diminished by Legislative appropriations." And whereas, at the present session of the General Assembly, it is manifestly known,that the people of the State expect some relief by Legislative enactment: And whereas it is expected that something shall be done torelieve the people generally; Therefore,

Resolved, That it is expedient, in order to carry those reliefs into speedy action, that the law calling in the fund, passed at the last regular session of the General Assembly of this State, be forthwith repealed. And the small amount of said fund, which now remains amongst the people of the respective Counties, remain there. And that it is expedient that the law be passed forthwith, giving to the respective counties in this State, a portion of the surplus revenue; and all the monies from every source whatever, belonging to said fund, be divided amongst the different Counties, according to their free white population.

Resolved further, That any further action upon this subject be postponed for a few days; and that a Select Committee be raised to enquire into the expediency of passing a law, making said distribution among the respective Counties. and that they report by bill or otherwise.

And then the Senate adjourned.

FRIDAY, OCTOBER 20, 1837.

Mr. Anderson of Wilson presented

The Petition of sundry citizens of Wilson County, asking the grant of a Charter to a McAdamised Turpike-road from Lebanon, via Alexandria and Liberty, to Snow Hill, which was received, and referred to the Committee on Internal Improvement.

Mr. Hardwicke presented

The Petitions of sundry citizens of Humpreys County, praying the passage of a law, permanently locating the Seat of Justice for said County, which was received and referred to the Committee on New Counties and County lines.

Mr. Bradford, from the Committee on Internal Improvement, to which was referred a Bill to build a Bridge in the town of Blountsville,

Reported, that the Committee have had the same under consideration, and

had instructed him to report the provisions of the Bill unreasonable, and to recommend its rejection.

The report of the Committee was concurred in, and the bill rejected.

Mr. Bradford, from the Committee to which was referred a Bill to declare Buffaloe river navigable, up to Bairdstown in Perry County,

Reported, that the Committee have had the same under consideration, and had instructed him to report the provisions of the bill reasonable, and recommend its passage.

Said report was concurred in, and the bill read a second time and passed.

Mr. Dougherty, from the Committee on Public Lands, to which was referred a Bill to extend an Act, 'entitled "An Act for the relief of Occupants South and West of the Congressional reservation line, and North of Winchester's line, and for other purposes," passed the 19th day of February, 1836,

Reported, that the Committee have had the same under consideration, and had instructed him to report the provisions of the bill reasonable, and recommend its passage, with an amendment to the second section of the bill, coming in after the words "proper officers" in said section.

The report, as to the amendmert, was concurred in, and

On Mr. Coe's motion,

The bill was ordered to the table.

Mr. Dougherty, from the same Committee, to which was referred

A Bill to authorize the Register of the Western District to issue a Grant to Wilson M. Sarratt,

Reported, that they have had the same under consideration, and had instructed him to report the provisions thereof reasonable, and to recommend its passage with an amendment, as an additional section to the bill.

The report, as to the amendment, was concurred in, and the bill, as amended, was, on Mr. Hardwicke's motion, ordered to the table.

Mr. Dougherty, from the same Committee, to which was referred

A Bill giving further time for surveying entries, and obtaining grants thereon,

Reported, that the Committee have had the same under consideration, and had instructed him to report the same reasonable, and to recommend its passage, with the following amendment-strike out the word "Register" in the third line of the third section, and insert "Entry Taker." Also an additional section.

The report of the Committee, as to the amendments, was concurred in.
The bill, as amended, was read a second time and passed.

Mr. Mitchell introduced,

A Bill to provide for the distribution of the Laws of Tennessee," which was read a first time and passed, and referred to the Judiciary Committee. Mr. Johnson submitted the following:

Resolved, That the Committee on Public Lands, enquire if it is not necessary, that the several Entry Takers, South and West of the Congressional reservation line, who have the general plans and papers of the District Surveyors deposited in their offices, should not return the original plats of survey and cer

tificates of Occupants, to the several counties where the land lics, and that they report by bill or otherwise.

Mr. Bratcher introduced

A Bill for the benefit of William McKamy of Anderson County, which was read a first time, passed, and referred to the Committee on Claims.

The Senate took up

A Bill (from the House of Representatives) to amend the Charter of the Nashville and Lebanon Turnpike Company, which was read a first time and passed.

The Senate took up

A Bill (from the House of Representatives) making the South Fork of the Obion river, the dividing line between the Counties of Gibson and Weakley, and for other purposes, which was read a first time and passed, and referred to the Committee on New Counties and County Lines.

Mr. Dougherty presented the petition of sundry citizens of the Counties of Gibson and Weakly, praying that the South Fork of the Obion river, be made the dividing line between the two Counties, which was received and referred to the Committee on New Counties and County Lines.

The Senate took up

A Bill to alter and amend so much of an Act, passed the 5th day of February, 1836, chapter 14, section 5, as compels persons owning property, or their agents, to attend in the districts where the property lies, and list it with the Revenue Commissioner of the District.

On motion of Mr. Dougherty,

Said bill was referred to the Committee on Ways and Means.
Mr. Brown submitted the following:

Resolved by the General Assembly of the State of Tennessee, That the Com-
mittee on Banks be instructed to inquire into the expediency of sending a Sub-
Committee to examine into the condition of the
Bank at Memphis; and

also the different branches of the Union Bank, and report accordingly. Mr. Atkinson submitted the following:

Resolved, That the Committee on Internal Improvement, be directed to enquire into the propriety of appropriating five thousand dollars, to clear out the obstructions, to the navigation of the Hiwassee river, and that they report by bill or otherwise.

A message from the House of Representatives, by Mr. Mitchell, their Clerk: Mr. Speaker: I am directed to inform the Senate, that the House of Representatives are now ready to receive them, for the purpose of going into the election set apart for this day.

Whereupon, Mr. Speaker and gentlemen of the Senate repaired to the IIall of the House of Representatives.

The Speaker of the Sanate having stated the purpose for which the Houses had convened, the Convention proceeded to the election of a Judge for the Eleventh Judicial Circuit for the State of Tennessec.

Messrs. Valentine D. Barry, Benjamin R. Montgomery, and Orville Harrison in nomination.

The vote of the Senate was,

For Barry, Messrs. Speaker Cahal, Anderson of Wilson, Bradford, Carriger,

Caruthers, Coc, Dougherty, Hardwicke, Jones, Marshall, Mitchell, and Wear12.

For Montgomery, Messrs. Balch, Bratcher, Graves, Johnson, Ledbetter, Lowry, and Mitchell--7. And

For Harrison, Messrs. Anderson of Davidson, Atkinson, Brown, Frey, and Guild-5.

It being reported to the Convention, by Mr. Mitchell, Clerk of the House of Representatives, that the vote in the House of Representatives in said election,

was,

For Valentine D. Barry, thirty-seven votes;

For Benjamin R. Montgomery, seventeen votes; and

For Orville Harrison, seventeen votes.

And it appearing to the Convention that Valentine D. Barry had a majority of all the votes given in said election;

The Speaker of the Senate thereupon declared Valentine D. Barry duly and constitutionally elected Judge of the Eleventh Judicial District of the State of Tennessee for eight years, from the rise of the present session of this General Assembly, vice Austin Miller resigned.

Thereupon, the Speaker and Gentlemen of the Senate returned to their own Chamber.

Mr. Carriger submitted the following;

Resolved, That the Committee on Ways and Means, be instructed to enquire into the propriety of so amending the Revenue Laws, as to make it the duty of the Revenue Commissioner, in all cases, where any person returning tax lists, does not return the fair neighborhood cash value, to assess the same, as near as may be thereto, and to notify the person thereof, who may appeal therefrom, to the County Court, next thereafter.

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

Mr. Anderson (of Wilson) from the Committee on Enrollments, reported as "correctly Enrolled" a resolution accepting the proposals of S. Nye & Co., Ramsey & Craighead, and F. K. Zollicoffer, to print the Acts and Journals of the present session, of the General Assembly.

And then the Senate adjourned.

SATURDAY, OCTOBER 21, 1837.

A message from the House of Representatives by Mr. Mitchell their Clerk. Mr. Speaker: I am directed to inform the Senate, that the House of Representatives concur with the Senate's resolution, to go into the Election of a Senator to the Congress of the United States from this State, for the term of six years, commencing on the 4th day of March 1839.

Mr. Guild presented the Memorial of Thomas Anderson in behalf of sundry citizens of Cannon County; which was received, and referred to the Committee on Claims.