ROBERT W. WOODRUFF
LIBRARY
JOURNAL.
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Jlfactrrntti ©rueral asmmWi»,
HELD AT NASHVILLE.
F. S. HEISKELL & A. A. IIALL,
PRINTERS TO THE STATE.
"KNOXVILLE REGISTER" OFFICE,
». 8. HE1SKELE, PRIJ1TER.
IS3L
J O U B If A ll
or TH*
Journal of the Senate at a Session of the General Assembly of the State
oj Tennessee, began and held at Nashville, on Monday the 19th day
of September, A. D. 1831, being the first Session of the Nineteenth
General Assembly of this Stale.'
The following named members of the Senate appeared, prodttc-
«^d their credentials, arid took tlieir seats, the oaths required .by the
Constitution being administered by Robert C. Foster, Esq., one
of the Justices of the Peace for Davidson County.—[To wit:)
From the Counties of Carter, Sulliv.an and Hawkins.—Abraham
McCltllan.
11 Washington, Greene, Cocke and Sevier—
James W. Wyly.
" Grainger, Claiborne, Campbell and JefTer-
son—John M. Brabson.
" Blount, Monroe and McMinn—John F. Gil-
lespy.
" Anderson and Knox—Robert M. Anderson.
" Morgan, Roane, Rhea, Bledsoe, Marion and
Hamilton—James I. Greene.
" Franklin and Warren—Isham Perkins;
" White, Overton, Fentress and Jackson—
James T. Holman.
" Smith and Sumner—David Burford.
" Wilson—Burchelt Douglass.
" Rutherford .and Williamson—-Robert Jetton.
" Bedford—Theo. F. Bradford.
" Lincoln and.Giles—William H. Field.
" Maury—Lucius J. Polk
" Davidson—William Lylle.
" Robertson, Montgomery and Dickson-.-i/m-
ry Frey.
u Hickman, Lawrence, Wayne, Hardin and
M c Na i ry— William Davis.
" Stewart, Humphreys, Perry and Henderr
son—Cullen Andrews.
" Henry, Carroll, Dyer, Obion, Weakly and
Gibson—Robert Murray. ' '
" Madison, Hardeman, Fayette, Shelby, Tip-
ton and Haywood—Duncan Mcher,
4
The Senate then proceeded to the election of a Speaker, when
on collecting anrl counting out the ballots, it appeared that Bur*
chetl Douglass, i ,e Senator from tile County of Wilson v\as duly
elected Speaker, oho thereupon took the chair.
The Senalejuuxt proceeded by ballot < j toe » bo ,ion of a 't '
pal Clerk. Wlten upon coliecli g ,m<i cwuuiifig ilie ball<',!!i
William k. Mill wa-duly and constitutionally elec.ud. Where
upon an oa'h'to support the constitution of the. United States
and of lite State of Tennessee, together with an oath of ollit"e
were administered to him by Robert C. Foster, Esq., and then
Be took his seat at the Clerk's table.
The Senate next proceed by ballot to the appointment of an
engrossing Clerk, and on collecting and counting out the ballots
upon the tenth balloting it appeared that Luke Lea, Jun. was duly
elected, who thereupon took an oath to support the constitution
of the United States, and of the State of Tennessee, together with
the oath of office, and then he took his seat, at the clerk's table.
The Senate next proceeded by ballot to the election of a door
keeper, when on collecting and counting out the ballots, upon
the 15lh balloting, it appeared that James Mickey was duly elect-
ed, who was ordered to give his attendance accordingly.
Ordered, t•>at the Clerk do by message inform the House of Re-
preseutattves that the Senate have formed a quorum, and of the
appointment of its several officers, and are ready to proceed to
business.
The following message was then received from the House of
Renresentativ«.< hv Mr. Campbell their clerk.
MR. SPEAKER,
I am directed to inform the Senate that a
quorum of the House of Representatives have litis day assembled
in pursuance of the constitution of the State of Tennessee.
They have chosen' Mr. Frederick W. Huling, the Represents-
tive from Montgomery County., their Speaker,. Thomas J. Camp-
hell, their Clerk, James A. Whiteside, their Assistant Clerk,
James McDowell, their Door Keeper, and Joseph Mickey, their
Assistant, and are ready to proceed to business.
They have adopted a resolution directing the appointment of a
select Committee to join such Committee as may be appointed
on the part of the Senate, to wait on his Excellency the Govern-
or, and inform Itini that, the two "brandies of the General Assent-
tdy are ready to receive any communication lie may think proper
to make them, and have appointed Mr. Inge, Mr. McLean, Mr.
Hurst, Mr. Dunlap, Mr. Holland and Mr. Cheatham, said commit-
tee on their part. And then lie withdrew.
The Senate concurred with said resol 11io i and appointed on
their p3rt, Mr. Frey., Mr. Greene and Mr. Wyly.
Mr. Bradford submitted the following resolution.
5
Resolved, That a select Committee be appointed to draft rules
of order and decorum for the government, of the Senate, which
was adopted, and the Speaker appointed Mr. Bradford and Mr.
Frey said committee-.
Mr BurfoYd the following, which was adopted;
Resolved, That a select committee be appointed«to contract for
such Job Printing as may be ordered try the senate .during the
present session of the General Assembly. The Speaker appoint-
ed Mr Burford and Mr; Mclver said committee.
Mr. Burford also submitted the following, .
Resolved, That the rules adopted for the government of the Sen-
ate at the last session of the Legislature, be in force and use for
the government of the present Senate, until altered or amended,
which wa§ adopted.
And then the Senate adjourned until to-morrow morning 9
o'clock.
TUESDAY, SEPTEMBER 20th, 1831.
Mr. Bradford submitted the following resolution;
Resolved, That a Committee be appointed to draft rules for the
government of the intercourse of the two houses of the General
Assembly, and that they act jointly with the committee on the part
of the House of Representatives.
Mr. Frey the following,
Resolved, That the following Standing Committees be appointed,
(to wit:)
Committee on Privileges and Elections.
44 on Propositions and Grievances.
41 on Land Claims.
44 on Claims.
44 on the Ju-diciary.
" on Banks.
44 on Education and Cdmmon Schools.
44 on the Penitentiary.
44 on Enrollments.
44 on the Militia.
44 on Internal Improvements..
44 on Justices of the Peace and Captain's Companies.
44 on Public Printing.
44 on Divorces.
And that a Joint and Select Committee be-appoitited on Finance.
Mr. Frey also submitted the following,
Resohcd, That a Select Committee, be appointed to contract
for Stationary for the use of the Senate during the present ses*
sion; and the rule requiriug resolutions to lie one day on the ta-
6
ble, being suspended, said resolutions were adopted. The Speak-
er appointed Mr. Bradford, Mr. Polk and Mr. Davis, the commit-
tee on Mr. Bradford's resolution. And Mr. Frey, Mr. Murray and.
Field on Mr.. Frev's last resolution.
Mr. Gillespy submitted the following:
Resolved, by the General Assembly of the Stale of Tennessee, That
the Secretary of State furnish the General Assembly with any acts
and journals of the several Legislatures of this" State that may be
in his office; and that he furnish each Bouse of this General As-
sembly. with a copy of Haywood and Cobb's Bevisal for the use of
the Members. And the rule being suspended, said resolution was
adopted, arid the Clerk ordered to acquaint the House of lie pre-
sentatives therewith, and ask their concurrence therein.
Mr. Frey from the committee appointed to wait upon liis Excel-
leney the Governor, reported, that the committee had perfoimed
that duty, and that his Excellency would forthwith make his com-
munieaiion;
Whereupon the following message was received from his. Ex-
cellency, by Thomas H. Fletcher, Esq. Secretary of State, and
read at the clerk's table:
Felioio citizens oj the Senate,
and of the House oj Representatives,
The circumstance of your assembling together, clothed with
authority by a free people, to deliberate and decide on their dear-
est interests, is a spectacle calculated to excite the most pleasing
emotions in the breast of every real patriot.—This tiigh privilege
is only enjoyed to the same extent by the citizens of our great
republic; and it furnishes a happy illustration of the principle,
that the people do in fact govern' themselves.
Ir: your deliberations, you may rely upon my cordial support in
all measures that are calculated to advance .the happiness and
prosperity-of our beloved country. And the opinions which I en-
terrain upon the.subjects which I shall bring to your considera-
tjon, shall be offered briefly, but with candor. It will be for you
to determine upon their correctness, and to sustain or oppose
them as your better judgments may direct.
Iu the communication which I made at the commencement of
the last session of tlie General Assembly, 1 urged the propriety
of a strict examination of the affairs of the State Bank, from a
conviction that many of its officers and agents had disregarded
the trust reposed in them, by using the public funds for their own
private advantage. The joint committee, to whom was releired
the duty, of inquiring into the condition of tfie bank, discovered
that the officers of the principal institution at Nashville, were de-
faulters to a large amount; but'tbe near approach of the lermiua-
tion of the session, when this information was obtained, rendered
it impracticable, at that time, to ascertain the precise deficiency
7
The new directory however were authorized to bring the business
to a close as soon as possible; this they have not yet entirely ac-
complished, although great diligence has been used for that pur-
pose. Nearly two hundred thousand dollars have been obtained
from the cashier and clerk, and it is to be feared that there is still
a considerable sum in default. When it shall be accurately
known, a hope is entertained, that the securities of the cashier
will be disposed to settle, in a manner satisfactory to the State.
Although there is every reason to apprehend that a loss will be
sustained at the principal bank in Nashville, yet it is believed that
a much greater proportiorwable deficiency will be found to exist
at-the agencies. The report of General Smith, of the esamina-
tion which he has made of the agencies in West Tennessee, is
now before me, and it exhibits extensive insolvencies on the part
of the debtors and great inaccuracies in the . transaction of the
publicbusiness by most of the agents. The amount due at the agen-
cies in est Tennessee is about two hundred and fifty thousand
dollars, and of this sum at least sixty thousand dollars, and prob-
ably more will be certainly lost. The gentleman appointed to ex-
amine the East Tennessee agencies, has not reported/but it cannot
be olhervvise, than that some loss will also be sustained in that
end of the State. From this view of the subject, it is palpable,
that the State has already incurred a heavy injury, and that most
of its funds are in great jeopardy. What then can he done to se-
cure the interest of the country? The answer is obvious. Mens-
ures must be immediately adopted to close the affairs of the bank
with as little delay as possible, taking care not to oppress the
debtor part of society. The belter to secure this purpose, I would
recommend that an agent of industry and talents be appointed to
visit the agencies, fully authorised to settle with each debtor; al-
lowing a reasonable indulgence for payment to all those who may
give unquestionable security for the discharge of their debts.
Where the.debtor should refuse to accede to these terms, suit
should be instituted against him, in order that a period might be
looked to when the affairs of the bank would be finally closed.
No objection can well be made to this course, more especially as
the community can receive no benefit, from continuing the opera-
lions of the institution, as it is at present organized. And the
great expense of the principal bank and its numerous branches,
imposes a heavy tax upon the industry of the people without the
least equivaleut. I' is a principle well supported by experience,
that the farmer engaged in the peaceful cultivation of the soil can-
not afford, by the small profits of his labor, to pay the ordinary
interest of six per cent. How then can he borrow from the Slate
Bank without almost certain ruin, when the lawful inferes't in most
instances, is not half the charge to which he is'made liable. He
can borrow but a small amount, and when be obtains the money/
8
as well as at every renewal, he has to pay for a blank note and
a power of'attorney. In addition to this, the borrower and his
securities lose twelve days labor in each year, by attending at the
agents every three months to renew their notes. And on failure ■
to comply with the requisitions of the bank, the president is au-
thorised to confess judgment against the principal and his se-
curities, which in some instances creates a charge for costs equal
to the debt. The farmer who wishes to he prosperous and happy,
must neither borrow money nor contract debts founded upon the
anticipated proceeds of hisdabor. His success depends upon in-
dustry and economy—up.on his living almost exclusively within
his own means, and manufacturing at home, most of the articles
of clothing essential to the wants of his family.
There is an additional reason for closing the affairs of the bank,
entitled to great weight. A very laudable spirit prevails through-
out the State in favor of internal improvements; but this object
cannot be accomplished without the aid of money. Sound policy
would therefore seem to dictate the propriety of collecting the
funds of the bank as speedily as possible, and applying a portion
of them at least, in the construction ot roads and improving the
navigation of our rivers. There is no State in the Union, where
the materials for making roads are in greater abundance; and yet
at that season of the year when the produce of the country is,
brought to market, our present roads are almost impassable. With
a view to their improvement, I would recommend the propriety of
incorporating companies, imposing such restrictions and extend-
ing to them such privileges, as are approved by the experience of
other States, where such companies have long existed; and for
the purpose of encouraging that kind of associations, the State
should be authorised to subscribe one half, or at least one third
of the stock. This plan has been successfully pursued in Perm
sylvania for the last fifteen years, and the extent of her improve-
ments during that time has been without example in the history
of any country, in proportion to her population. Good roads and
the certain navigation of our rivers, have such an important bear-
ing upon agriculture, commerce and the, growing prosperity of
our State, that I cannot but earnestly recommend to your atten-
tion, the propriety of adopting such a system of internal improve-
ments, as we can certainly achieve by our own resources.
The commissioners appointed at the last session to constitute a
board of internal improvements, held their first meeting at Nash-
ville, in May 1830. Measure's were then taken to employ an En-
gineer, for the purpose of making surveys and estimates of the
expense of constructing roads and improving the navigation of
our rivers. A gentleman was engaged for that purpose, who was
expected to enter the service of Tennessee, on his having com-
pleted some work he had previously undertaken to perform. It
9
was contemplated that he would be able to commence his labor*
for us, earl}' in the past summer; but owing to iil health, lie was
obliged to decline all attention to busiuess, of which fact he ad
vised us last spring. 1 am pleased to state, however, that the
services of another gentleman have been procured, who has been
recently employed in making a survey of the Suck, Boiling Pot and
Tumbling Shoals of Tennessee Fiver: and it is thought that he will
also be able* to make an examination of Harpeth shoals on Cum-
berland river, in time for all his reports to be laid before your
body, at the present session. Those two rivers being the princi-
pal outlets to the produce of East and Middle Tennessee, the re-
moval of obstructions in them, would seem to be entitled to your
first attention.
In compliance with the act of the last session, authorizing the
building of a Penitentiary, the commissioners who were appoint-
ed to superintend the erection of a suitable edifice, entered upon
the duties assigned to them immediately after the adjournment of
the Legislature, in January, 1830. That they might avail them-
selves of all the improvements which experience bad made mani-
fest, plans of the best constructed eastern peniten tiaiies were
procured, by an agent sent specially for that purpose. A site
was obtainedupon which to erect the buildings, a mile south-west
of the court house in Nashville, uniting more advantages than
any other which could be had in the vicinity". At the commence-
ment of the work, a question of some delicacy presented itself
for the consideration ol the commissioners, whether it should be
upon a plan that could be finished for the amount appropriated, or
so extensive that it would answer the purposes of the State for a
long period to come, without there being a necessity of making
alterations or additions hereafter. The difficulty of adopting a
course to be pursued, was greatly lessened by the known and oft-
en expressed opinions of the members of the last legislature. No
one of them entertained a belief that a penitentiary could be
erected with sufficient accommodations, for double the sum ap-
propriated; and it was expected by all, that a large additional
sum to complete it, would have to be granted. The commission-
en; therefore conceived it proper to commence the buildings upon
a plan so extensive, that no future appropriations would be re-
quired, to erect additional houses, as the convicts increased in
number. I could not but cordially approve of this course, as I
was sensible that the amount appropriated, was wholly inade-
quate to erect an institution suitable to our future wants; and if
the work had been discontinued when the appropriation was ex-
hausted, the buildings would have sustained great injury by time
and weather, before the meeting of the present General Assem-
bly. The work was commenced on the first of April 1830; and
proceeded with so much rapidity, that I was enabled on the first
10
of January last, in compliance with the law, to issue a proclama-
tint., -eitmg forth that the penitentiary was in a state -anrl condi-
tio'i tor )lie reception ol convicts. Since then nineteen convicts
have been received, who conduct themselves with great proprie-
ty, arid riiore than cover ail their expenses by the profits of their
labor. During the preseut year, two carpenters and a part of
the convicts have been employed in finishing the buildings, and
the Penitentiary is now complete with the exception of some cell
doors, work shops and out houses, all of which can be done by
the convicts at a small expense. The whole amount expended is
less than fifty thousand dollars, arid it is confidently asserted that
no establishment of the kind in the United States, of equal dimen-
sioris, has been built on terms so reasonable. Jt is due to the
commissioners to say, that much of their time was employed in
superintending the work; and that to their zeal and con ect knoi\ 1-
edge of the value of meclranrcal labor, may be attributed in a great
degree, the celerity with which the buildings were erected, arid
the economy which prevailed in their construction.
For many years I have advocated the Penitentiary system from
a full conviction that it afforded the best means, not only of gradu-
atirig punishment according to the magnitude of crime, but also
of reforming the guilty. The circumstances which devrlope
themselves on the trial of an individual charged with a criminal
offence, afford an opportunity of judging of his depravity, and the
time of his imprisonment can be determined by fhe jury accord-
ingly. Not so under the old law. The guilty, whether a young
and pliant offender, or an old and hardened transgressor, was
alike subject to the punishment of the whipping post and the
branding iron. Will such cruelty produce reformation? Is it
not much more reasonable to expect that the unfortunate victim
of the law, feeling his degraded condition, will go forth armed
with the spirit of revenge, determined to commit new outrages
upon that community by whose laws he has been rendered infa-
mouf? If reformation can be produced it is most reasonable to
expect it under the iufluence of the penitentiary system. The vi-
olalor of the law of his country is shut up within the walls of a
prison—secluded from a knowledge of passing events, obliged to
labor throughout the day, without an opportunity of holding con-
verse with his fellow convicts, and when his daily labor is over,
is lucked up in a cell, with no other companion than his bible and
his own thoughts. Surely in his retirement be will reflect on the
follies of tiis past ill spent life—if reformation do not follow, he
will at least be making some atonement to the community he has
inpired by laboring for his support, and however ungovernable
and ref'i actory his disposition may be, he will be prevented from
the commission of crime during his confinement.
It cannot be expected that the expense of the institution, for
11
some time to come, will be fully defrayed by the labor of the con-
victs; but when the workshops are completed and other improve,
merits are made, the prisoners will all be constantly engaged iri
some mechanical employment, which will produce a profit on
their labor. When their number is increased to thirty-five or
forty, if well managed, the prison will be no longer a charge on
the State. It is believed that its clear gain will cover the salary
of officers, and all other contingent disbursements. I his conclu-
sion is sustained by the experience of all well conducted peni
tentiaries. The proceeds of thq labor of the average number of
about one hundred and fifty prisoners at Weathersfield, Conrmc
ticut, exceed the whole expense of their support, including ihe
salary of the officers, more than five thousand dollars a year. At Bah i
more, for the last seven years the average profits of the peniteniia-
ry has been upwards of ten thousand dollars annually- Other insti-
lutions present the same favorable results,and there is every reason
to believe that we may soon calculate on similar advantages Even
now, at the commencement of its operations, the prison is less
expensive to the State, than was our old system of criminal law.
A few years ago I addressed letters to the clerks of the county and
circuit courts, requesting an account of the expense of the con-
finement of criminals in the county jails after conviction. The
result of my inquiry was, that it was little short of twelve thons
and dollars a year. From this charge we are now entirely reliev-
ed. The present criminal, code maybe defective; if so. the ptnv-
erof correcting it is with you. In conclusion, I must be permit-
ted to arid, that the Penitentiary system has been adopted in this
State, by the representatives of the people—that an ardent hope
is entertained that it will answer all the purposes of usefulness
that were predicted by its friends; and that those who have been
heretofore honestly opposed to it, will, now that it is in operation,
be disposed to give it a fair trial, and not assail or abandon it,
until we have a clear manifestation of its inutility.
It is a source of melancholy regret that three fourths of the un-
happy inmates of prisons acknowledge, that the too free use of
ardent spirits was the leading cause of the commission of the
crimes for which they were convicted. Nor is it less a subject of
regret that nine tenths of the pauperism in the Eastern cities,
arises from intemperance. Is there no remedy for this alarming]
evil, which cuts off so many citizens in early life, and brings so
much sorrow and misery on inocent families? 1 answer that
there is. Pass a law prohibiting the county courts from granting
to any one, a license to retail spiritous liquors, unless he be a
man of known character for honesty, whose business is that of an
inn keeper, with suitable accommodations for travellers; and
punish with severity those who violate the law. Little hesi-
tation should be felt ia adopting this course, especially as it is well
It
known, that drunkenness, theft, robbery, gambling and murder,
generally have their origin in thegrogshops of our towns and villa-
ges. When we see (he wise and the virtuous every where uniting
their influence for the suppression of intemperance, and when we
consider its destructive effect upon the peace and morals of socie-
ty, it is surely our duty to aid in countering its influence.
A general wish appears to prevail that some change should be
made in our Judiciary system. If experience has proved that the
present system is insufficient ior the prompt discharge of public
business, there is, as 1 apprehend, no constitutional prohibition to
a radical change, but if the object be to make partial alterations,
witli a view to the removal of any of the judiciaal incumbents, I would
respectfully suggest that such a course is fraught with hazardous
consequences.. Whatever has a tendency to weaken the inde-
pendence and stability of the judicial branch of the government
is dangerous to the rights and liberties of the people: for can it
be supposed that a Judge who holds his appointment subject to
the control of the Legislature at every session, is as well quali-
fled to make impartial decisions, as one who has a reasonable cer-
tainty of the undisturbed possession of office during bis good be-
haviour.
By the third article ol the convention of eighteen hundred and
twenty, regulating the boundary between the states of Kentucky
and Tennessee, it is provided that whenever the Governor of
either state, shall deem it expedient to have the line between
the two Slates run and plainly marked, he shall cause a notifica-
lion tberof to be communicated to the Governor of the other
State, and thereupon two surveyors shall be appointed, one by
the Governor of each State to ascertain, survey and plainly mark
what is known by the name of Walker's line. The Governor of
Kentucky, in accordance with this stipulation, notified me early
in September last, that he was desirous to have the line run, and
marked adjoining the counties of Trigg, Simpson and Allen, and
solicited the co-operation of this State. Mr. James Bright was
accordingly appointed surveyor in behalf of Tennessee, and he
and Dr. Mum-ell of Kentucky, commenced the duty assigned them
early in November.—On tracing and marking the line, it was dis-
covered that at a certain beach tree near Drake's creek, the repu-
ted line took an ofiset south sixty-two degrees west to a black
jack, on the road leading from Nashville to Lexington, and thence
it took another offset northwardly to a gum tree, standing in
Walker's original line. The surveyors continued the line and
found no other difficulty, till within a mile of Cumberland river,
where it terminated; but they extended it according to its course
at its termination across the Tennessee river. On runniug a line
due north from where they struck the Tennessee, they intersected
a line said to have been run by Walker. The citizens west of
it
Cumberland river between those two lines, have been consider-
ed as belonging to Tennessee, and have always been subjected
to the jurisdiction of her laws. The Legislature of Kentucky in
acting upon the subject, admit the north line between the riv-
ers, Cumberland and Teunessee, as the permanent division line
between the two States at this point; and claim their right to the
triangular territory on the road leading from Nashville to Lexington.
As this arrangement is in perfect accordance with what has been
hiiherto known and acted upon as Walker's line by the border
settlers of each State, I recommend that the line as run by Munsel
and Bright, and ratified by the State of Kentucky, be recognized
by you as the true and permanent line of boundary between the
two States. As there is no law authorising the payment of the
surveyor, chain carriers and markers, an appropriation for that
purpose will he required at the present session.
The Generat Assembly of Mississippi passed a resolution at
their last session, directing the Governor to appoint a suitable
person to ascertain and designate the point, where the 35lh de-
gree of north latitude crosses the Mississippi river, for the pur-
pose, as is alleged, of hereafter establishing the line between that
Stale and Tennessee. The Governor addressed a letter to me,
requesting the co operation of Tennessee in accomplishing the
business. Ir. reply. 1 informed him that I had no-authority to
make an appointment for that purpose; and requested him to de-
lay the execution of the work, until after the commencement of
your present meeting, expressing a conviction that you would
authorise the appointment of some person to aid in procuring the
information which he desired. Notwithstanding it is believed that
the line as established by the commissioner of the United States
in IS!2, was run with gieat care and accuracy, yet the courtesy
which is due to a sister State, would seem to require that some
person of scientific attainments should be appointed to aid in as-
ceriaining the true, point at which the 35th degree of north lati-
tude crosses the Mississippi.
It will bp necessary at the present session to pass a law author-
isingthe choice of electors to vote for President arid Vice Presi-
dent of the United Stales; and in the performance of this duty,
regard must he had to the act of Congress fixing the time at which
the election is to be held, and also the period when the electors
must meet for the purpose of voting. In order that we may have
our full weight in the elections for President and Vice President
hereafter, 1 would recommend that the general ticket system be
adopted. It is true that no danger of division is to be apprehend-
ed at the approaching election; but in future when we may differ
in our choice, an individual by the force of circumstances, may,
uuder the arrangement by districts, obtaio a plurality of electo-
14
ral votes, to whom a majority of the States may be decidedly
opposed.
Since the close of the last session, the following temporary ap-
pointments have been made;—William A. Cook, Esquire, Chan-
cellor; Thomas II. Fletcher, Esquire, Secretary of State; Broom-
field L. Ridley, Esquire, Attorney General for the fifth Solicitorial
District; and Gideon J. Pillow, Esquire, Attorney General for the
ninth Solicitorial District. These appointments were made to fill
vacancies occasioned by the resignations of the former incum-
bents. As the commissions under which the present officers act,
will expire at the end of this session, the duty of making
permanent appointments will devolve upon you before your ad-
journment.
In casting a glance at the present condition of our State it is
gratifying to observe its eminent prosperity. The rapidity of its
recent growth, the important relative position it has attained
among its sister States—the fertility of its soil, and the industry
and enterprise of its citizens, afford abundant cause for grateful
reflection and mutual congratulation. At no former period has
the general welfare of our citizens been more obvious and satis-
factory With a rich profusion of the necessaries arid comforts
of life, the hand of labor is now uniformly rewarded with an ade-
quate return. Poverty and distress are unknown except as the
result of indolence, crime, or of some peculiar casualty from the
effects of which, relief is almost instantly attainable. It is a
source likewise, of the utmost satisfaction, that in extending our
views beyond the limits of our own State, we find ourselves citi-
zens of a great federal republic, whose progressive improvement
has been rapid and extensive beyond the example of any oiher na-
tion, and whose condition at present, under the auspices of a
chief magistrate, selected from among our own fellow citizens,
aftords all the blessings of freedom and protection at home, and
furnishes an object of admiration and respect to the rest of the
world.- Blessed with peace, and the prospect of preserving it, and
yet fully prepared for all the dangers and privations of war, with
a commerce that renders tributary to us the resources of other
nations—with a rich and overflowing treasury, and a national
debt nearly extinguished, we have abundant cause of gratitude
for the unprecedented success which has attended the experiment
of our peculiar form of government, combining as it does, the
strength and energy for national security and greatness, with the
most perfect freedom and protection to the rights and interests of
all. YVM. CARROLL.
Ex ecutive Office, )
JVashviUe, September 19, 1831. ^
Mr. Bradford submitted the following.
Resolved, That a committee be appointed to take into considera-
15
tlon that part of the"'Governor's Message, in relation to the elec-
(ion of a Present and Vice President of the United States.
Mr. Burford (he following:
Resolved, That a select committee be appointed to take into con-
sideraiion so much ot lh" Governor's Message as relates.to the
boundary line between the States of Tennessee and Kentucky.
Mr. Burford from the committee appointed to contract for such
Job Printing as may be ordered by the Senate during the present
session, made the following report:
That the. committee have consulted theseveral printers in Nash-
ville on that subject, and have received propositions, or otfers,
froth the Editors of the "Whig & Banner," "Republican" and Her-
aid," all of which propositions are the same as to the price for
the different kinds of printing, and on a consultation with a simi-
lar committee appointed by the House of Representatives, have
agreed to recommend a division of the Job Printing ot the two
Houses; and we on onr part recommend the acceptance of the
proposition,or offer, of"Hunt, Tardiff'& Co." editors of the "Whig
& Banner," which proposition the committee herewith submit to
the Senate.
Office of the Whig & Banner, )
Nashville, 19th September, 1S3I. )
Gentlemen,
We will execute the Job printing for the Senate
during the present session of the General Assembly on Ihe same
terms as that of the last session was executed.
(To wit:)
One dollar and twelve and a half cents for 1000 ems for
composition, and one dollar and twelve and a half cents per token
for press work.
Rule and figure work double price. Work partly plain and
partly in figures fifty per cent, addition to the price of plain
work.
Paper ten per cent, advance on cost.
Very Respectfully,
Your ob't servants,
HUNT, TARD1FF & Co.
Said report was read and concurred with, and the proposition
accepted.
Ordered,That the Clerk procure such Job Printing from Messrs.
Hunt, Tarddf, & co.
On motion of Mr. Frey,
Ordered, That four thousand copies of the Governor's message
be printed for the use of the Seriate.
A message from the House of Representatives by Mr. Campbell
their Clerk.
t«
MR. SPEAKER,
The House of Representatives,have read
and adopted a resolution directing the President arid Directors of
the Bank of the State of Tennessee toreport the arnountof the avail-
able funds in said Bank, and its Agencies and for other purposes,
to which they ask your concurrence, and then lie withdrew.
Said Resolution was on motion of Mr. Bradford ordered to lie
on the table.
Mr Anderson submitted the following^
Resolved, That so much of the Governor's message as relates to
Internal Improvement be referred to the Standing Committee on
that subject.
Mr. Davis the following,
Resolved, By the General Assembly of the State of Tennessee,
that the Senate meet, the House of Representatives in the Repre-
sedative Hall on Saturday the 24th instant, for the purpose of
electing an Attorney General for the 12th Solicitorial District of
the State of Tennessee.
Mr. Gillespy the following,
Resolved, By the General Assembly of the State of Tennessee,
that the President and Board of Commissioners of the Penitentia-
ry of this State, report to this General Assembly the amount of mo-
nies by them expended in the erection of the Public Jail and Peni-
tentiaryof this State; the amount by them drawn from the Bank
of the State of Tennessee for that purpose and by what authority
the same has been drawn.
Agreeable to the rule of the Seriate said resolutions lie upon the
table one day.
Mr. Bradford from the joint select committee, appointed to draft
rules for the government of the intercourse between the two bran-
ches of the General Assembly.
Reported the following;
Rule 1. All communications from one House to the other shall
be transmitted by the Clerk's respectively,and the clerk who bears
the communication shall address the Speaker at the bar of the
House to which he goes, and inform htm of the object of bis mes-
sage.
Rule 2. All Bills introduced into either house of the General
Assembly shall be read, and if passed endorsed by the Clerk and
transmitted to the other house according to the rules of each
house.
Rule 3. Each house shall mature its own bills and resolutions
previous to their being transmitted to the other house.
Rule 4. Committees of Conference shall be appointed at the
discretion of each Blouse.
THEO. F. BRADFORD,
Chairman.
11
Said Report was concurred in by the Senate, with the excep-
tion of the third rule, which was, on motion of Mr. Gillespy, orr
dered to lie on the table.
And the Senate adjourned until tomorrow morning 9 o'clock.
WEDNESDAY, SEPTEMBER 21st, 1831.
Mr. Frey from the committee appointed to contract for Station-
aryfor the use ol the Senate during the present session, made the
following report:
That the committee had received proposals from Duncan, Rob-
•wis & son, and from Eichbaum & Norvell, and that they were of
opinion that the proposals made by the latter ought to be acceded
to They have therefore contracted with Eichbaum & Norvell to
furnish Stationary at the following prices: (to wit.)
Best Writing paper, $5 00 per ream.
Best Letter, 4 25 u "
Quills, No. 50, 2 12 12
Writing Ink, 1 00 per gallon.
Wafers, 1 50 u pound.
Sperm Candles, " 33 1-3 "
Post Office paper, 6 00 " ream
Sand, u 75 00 doz.
And all other articles that may be necessary at the lowest sell-
ing prices.
All of which is respectfully submitted.
H. FREY, Chairman.
Mr. Anderson presented the return of the clerk of the circuit
court of Knox county in pursuance of a resolution of the General
Assembly of 1 S29.
The amount of State fax paid to the Treasurer of East Tennes-
see for the years ending 182D & 1830, by said clerk, and aho the
return of the clerk of the enmity court of said county, on the same
subject, which were, on motion of Mr. Anderson referred to the
committee on finance.
Mr. Anderson also presented the return of the clerk of the r.oun
1y court of Knox county of tin* number of .1 isiices of t m Peace
and captain'.s companies in <uht c.<»un»v, u liic.lt'was referred, „t,
motion of Mr. Anderson, to the committee on captain's companies,
and Justices of the Peace.
Mr. Polk presented the return of the Maury county chancery
clerk, the returns of the sheriff and of the county court clerk of
said county, shewing the amount of revenue and tax, together with
the return of the clerk, shewing the number qf Justices of the
C
13
Peace and captain's companies in said county; all of which were
on motion of Mr. Polk, referred to lheir appropriate committees.
Mr.Maury, the returns of the clerk of the county court ol Car-
roil, shewing the aggregate amount of (axes, and the dumber of
Justices of the Peace and captain's companies in said county.
Mr. Holman, the return of Trent C. Connor clerk of the
Supreme Court af Errors and Appeals.
Mr. Davis, the returns'of thT? county court clerk of Laurence
county, shewing the amount of revenue and taxes, the number of
Justices of the Peace in said county, and also the return of the
circuit court clerk of McNairy county, shewing the number of
causes docketed in said county from May term 1826 to May
term 1831.
Mr. Greene, the returns of the county court clerk of Roane
county, and the said circuit court clerk of said'county, shewing the
amount of revenues and taxes, and the number of Justices of the
PeacC in said county, and also the return of tl,ie clerk of the chart-
eery court at Kingston, giving a statement of the amount of taxes
collected on suits for the years 1829 and 1830.
Mr. Frey, the return of John Montgomery, clerk.-and master
of the chancery court at Charlolt, shewing the amount of taxes by
htm collected and owing.
Mr. Gillespy, the returns of the clerk of the court of Pleas and
quarter sessions for Monroe county, and the returns of the clerk
of'he routuy court of Mc.Minn county, shewing I lie amount of
revenues and taxes, Justices of the Peace and Captain's Compa
dies in said counties. All of which were referred to their appro-
priatp committees.
Mr. Bradford's resolution of yesterday, appoinfinga committee
to take into consideration that part of the Governor's message
which relates to the election of the President and Vice President
of the United States, was taken up and read. Mr. Gillespy moved
to amend said resolution by making it joint—which motion was
lost. The resolution was then adopted, and the Speaker appoint-
ed, Mr. Bradford, Mr. Anderson, Mr. Perkins, Mr. Andrews and
Mr. Frey, said committee.
Mr. Burford's resolution of yesterday, appointing a committee
to take into consideration so much of the Governor's message as
relates to the boundary line between the States of Kentucky and
Tennessee was taken tip, read and adopted.'—The Speaker ap-
pointed Mr. Burford, Mr. Frey, Mr. Holman and Mr. VVyly, said
committee.
Mr. Gillespy's resolution of yesterday directory to the commis-
sioriers appointed to superintend the building of the Penitentiary
was taken up and read, and on motion of Mr. Greene, ordered to
lie on the table.
Mr, Anderson's resolution of yesterday, referring so much of
\9
the Governor's message as relates to Internal Improvement, to the
Standing Committee, on that subject, was adopted.
Mr. Davis' resolution of yesterday, to meet the House of Repre-
seritatives in their Hall on Saturday next for the purpose of going
into the election of an Attorney General for the 12tji district, vvas,
on motion of Mr. Davis, ordered to lie on the table.
The third rule, as reported by the committee for the govern .
ment of the intercourse of the two branches of the General Assent-
bly, was taken up and read. Mr. Gillespie moved a nonconcur-
renoe therewith, on the part of the Senate—which motion, was
lost. Mr. Burford moved to lay it again upon the table—which
prevailed.
A message from the House of Representatives by Mr, Camp-
bell their clerk.
Jl/R. SPEAKER,
The House of Representatives nonconcur with your resolution
directory to the Secretary of State. And then he withdrew.
Mr. Giilespy submitted the following:
Resolved, That the Secretary of Stale be hereby directed and i p-
quired to furnish the Senate with any acts and journals of the Le-
gislature of this State that may be in his office when called on for
that purpose, and also with six copies of Haywood's and Cobb's
Revisal for the use of the members of the Senate; and the rule
being suspended, said resolution was adopted.
Mr. Bradford from the committee appointed to draft rules for
the government of the Senate, reported the following:
Rule 1. When the Speaker is it) the chair, every member
shall come into the House with his head uncovered, and shall con-
tinue so at all times, when the Senate is in session.
2nd. When the Speaker has taken the chair, and two thirds of
the members present, the clerk shall reacj the Journal of the pre-
ceding day.
Srd. When the Journal or other public documents are reading,
and,
YVhen a member is speaking, there shall be no interruption.
The attendance of each member is expected.
4th. Each member when he speaks shall address himself to
the Speaker or Chairman (as the Case maybe) who shall give his
attention by naming the member, who, when he has finished, shall"
sit down.
5th. When any motion shall be before the Senate and not
properly understood, the Speaker may explain, but shall not, in
such explanation, use arguments.
6th. If two or more members shall rise to speak at the same
time, the Speaker shall decide which shall have preference.
7th. The Speaker may debate ou any queslioa proposed ac-
20
cording to the rules of the Senate, provided he leaves the chair
nud -peak* b< fore lite argument is closed.
8th. An)* member digressing from the subject, or using per-
sonal observations or reflections, shall be called to order by the
Speaker, Chairman or any member present.
9t1». All motioins of a general nature shall be committed to
writing, and seconded before they shall be considered in the pos-
session of t he Senate. h
lOib. No member shall speak "more lhan twice on the same
subject, without leave of the Senate, unless in committee of the
whole.
11th. No member shall absent himself from the service of the
Senate without leave first obtained.
12th. No member shall pass between the Speaker an.d any
member while speaking.
13th. "When the vote upon any question before the Senate is
taken, those in favor of the question shall express their assent by
rising or saying "aye," and those against it by sitting, or saving
unay," as required by the Speaker.
14th All bills withdrawn for amendment or other purposes,
shall'be returned within three days.
15th, It shall be deemed out of order tor any member to be on
his feet when the Speaker is addressing'the Senate.
16th. 'rite first member named on any committee' shall be
deemed, and shall act, a» Chan man of said committee.
I7tb. On motion of any member ami such motion seconded,
the tote shall betaken by "\eas" and "nays" provided the motion
i- made before the division of the question is pronounced by the
Sjieakei.
IGifi When any question before the Senate shall be decided in
the'affirmative or begative, it shall be in order for any member of
the ma jority to move fora re consideration thereof within the same
(lay, and no question shall b<^ reconsidered more than once;
I Dili. It shall be the duty of the doorkeeper to keep all persons
from mixing with the members while in session, unless specially
invited to sit within llie bar of the Senate.
20th. Petitions are to be called for by counties each morning,
first in order after reading the journal, beginning with the most
ftastwardly and progressing westwardly. Tax returns may be
presented at the same time and in the same order with petitions,
21st. Reports from standing committees shall be next in or-
der, and reports from select committees shall be next in order.
Reports from the committee of enrolments may be made at any
time.
22nd. No amendment shall be made to any bill which contains
provisions distinct and Unconnected with the subject matter of
said bill.
21
23rd. The Senate, when a majority shall so direct, may be re-
solved into a committee of the whole for the discussion of any
question that may be depending before it.
24(h. In all questions before the Senate, the Speaker shall
vote, and in all questions where there is an equal vote, or tie, the
question shall fail.
25th. The Senate shall at all times be considered in session
when the Speaker takes the chair, and the roll shall never be
called, unless on motion seconded.
26th. From the decision of the Speaker, upon all questions
coming under these rules, any member dissatisfied therewith may
appeal to the Senate.
27th. The regular hour for the meeting of the Senate, every
morning, shall be 9 o'clock, unless otherwise ordered.
2Sth. All resolutions submitted to the Senate, shall lie one
day on the table for consideration.
29ih. All bills of a public and general nature, after being en-
grossed, shall be read to the Senate by the clerk before they are
presented to the Speaker for his signature.
30lh. An indefinite postponement of any bill or resolution, shall
be considered a rejection, and shall not again be acted upon
during the present session.
31st. When a question is under debate, no motion shall be re-
ceived but to adjourn, to lie on the table, for the.previous question,
to postpone for a certain day, to commit, or amend; which sever-
al motions sliall have precedence, in the order they stand arrang-
ed.
Mr. Gillespy proposed the following amendment thereto.
Sect. 32. When the Ajes and Noes, are demanded on any
question before the Senate, it shall he the duty of the clerk to re-
cord the name of the member, making the motion, and also the
name of the member seconding the same.
All of which was concurred with and adopted.
On motion of Mr. Gillespy,
Ordered, That 25 copies of the foregoing rules be printed for
the use of the Senate.
A message from the House of Representatives by Mr. Campbell
their clerk.
MR. SPEAKER,
The H. of R. have adopted a resolution, that
the President and Directors of the Bank of the State of Tennes-
see, be allowed until Monday next, to make their report of the
state of the bank, in which they ask your concurrence, said re-
solution was non concurred with by jhe Senate. The House of
Representatives have adopted a resolution that the Seriate meet
them in the Representative Hall, on Thursday the 29th jnst. for
n
the purpose of going into the election of a Secretary of State.—
They have also adopted the following resolution;
Resolved, By the General Assembly of the State of Tennessee,
that Thomas P, Holman, James M. Cloyd, James M. Martin,
Fergus S. Harris, Tavner Spradlin, Sbadrick G. Smith and Silas
Tarver, be appointed Justices of the Peace for Wilson County, to
all of which they ask your concurrence. And then be withdrew.
Ordered, That said message lie on the table.
The Speaker appointed the following Standing Committees
(to w i t:)
Committee on Privileges and Elections—Mr. Lytle, Mr. Per-
kins ami Mr. Mclver.
Committee on Propositions and Grievances—Mr. Mclver, Mr.
Jetton and Mr. Andrews.
Committee on Claims—Mr. Frey, Mr. Holman and Mr. Wyly.
Commjttee on the Judiciary—Mr. Gillespy, Mr. Anderson, Mr.
Burford, Mr. Wyly, Mr. Bradford, Mr. Holman and Mr. Field.
Committee on Education and Common Schools—Mr. Jetton,
Mr. Greene, Mr. Andrews, Mr. MoClellan, Mr. Brabson and Mr.
Polk.
Committee on the Penitentiary—Mr. Holman, Mr. Burford, Mr-
Frey, Mr. Brabson and Mr. Davis.
Committee 011 Enrollments—Mr. Polk and Mr. Field.
Committee on the Militia—Mr. Wyly, Mr. McClellan, Mr. Per-
kins and Mr. Brabson.
Committee on Land Claims—Messrs. Davis, Lytle, Brabson,
Field.
Committee on Internal Improvement—Mr. Greene, Mr. Per-
kins, Mr. McClellan, Mr. Jetton and Mr. Andrews.
Committee on Justices of the Peace and Captain's Companies
—Mr. Field, Mr. Da-is, Mr. Mclver and Mr. Wyly.
Committee oil Public Printing—Mr. Bradford, Mr. Gillespy and
Mr. Lytle.
Committee on Divorces'—Mr. M'Clellan, Mr. Anderson and Mr.
Murray.
Committee on Finance—Mr. Frey, Mr. Gillespy and Mr. Green
Committee on Banks—Mr. Burford, Mr. .Murray, Mr. Polk
Mr. Bradford, .Mr. Anderson and .Mr. Gillespy,
Mr. Greene submitted the following,
Resolved, That so much of the Governor's message as relates
to the winding up and bunging the the concerns of the Bank of
the State of Tennessee to a close, be referred to the Committee
011 Banks, and that tl ey report thereon by bill otherwise.
Mr. .Murray, the following,
Resolved, That a Committee be appointed to take into conside-
ration that part of the Governor's message which relates to the
dividing line between the State of Tennessee and .Mississippi.
*5
.Afr. Gillespy the following
Resolved, That a Standing Com nittee of the Senate be raised,
to he denominated, the Co n niltee on the Hiwassee District.
J\Ir. Greene, ttie following,
Resolved, That the Committee on Internal Improvements be in-
slructed to inquire into the expediency of placing such 'portion of
Hie funds as were set anar.t hv the last Legislature for the purpose
of Internal Improvement in East Tennessee, in the hands of the
board of Internal Improvement, as may be deemed adequte to the
removal of the obstructions to navigation in the Tennessee river,
from the foot of the Boiling Pot to Knoxville, and that they report
thereon.
Mr. Giilespy, the following,
Resolved,That the Committee of Internal Improvement be in-
structed to inquire into the expediency of providing by law for
the appointment, of a separate and independent board of Internal
Improvement for East Tennessee.
And ,l\Ir. Frey the following,
Resolved, That so much of tin Governor's message as relates to
the Penitentiary, be referred to the Committee on that subject.
Jl/r. Greene' presented, the' report of the Commissioners ap-
pointed at the last session of the Legislature, to superintend the
building of the Public Jail and Penitentiary, which was read, and
on motion of Mr. Gillispie ordered to lie on the table.
And then the Senate adjourned until to-morrow morning 9
o'clock
THURSDAY, SEPTEMBER 22d, 1831.
Mr. McClellan presented the returns of the Clerk of Sullivan
County Court, shewingtlie amount of Taxes chargeable against
said County, and also the number of Captain's Companies and
Justices of the Peace.
Mr. Ilol.man presented the returns of the Clerk and Sheriff of
White County, shewing the amount of revenue and tax of said
County for the years 1829 and 1330.
Mr. Davis presented the returns of the Clerks of the Circuit and
County courts of J/cNairy county, shewingtlie amount of reve-
nue and tax of said county for the years 1828, 1829 and 1830.
Mr. Lytle presented the returns of the Clerk of the County
Court of Davidson, shewing the amount of Taxes chargeable to
the S'leriff ami Treasurer for the years 1829 and 1830; and the
number of Justices of the Peace and militia companies in said
county.
Mr. Murray presented the returns of the Clerk of Henry Coun-
ty circuit court, and the returns of the Clerks of the circuit courts
of Weakly county shewing the amount of taxes and militia com-
24
panies in said counties. All of which were referred to their ap-
propriate committees.
Mr Frey presented the .petition of numerous citizens of Rob-
ertson county, in behalf of William Boyles, which was referred on
motion of Mr. Frey to the committee on propositions and griev-
ances.
Mr. Greene presented the petition of Francis Ellis; the petition
of William Johnson, and the petition of James Harrison, praying
relief for lands and improvements lost by them in the Hiwassee
district. All of which -on motion of Mr. Greene referred to the
committee on the Hiwassee District.
Mr. Greene also presented, the petition of Alexander Dogger
for a turnpike road, which was referred on motion of Mr. Greene
to the committee on Internal Improvements.
The Senate concurred with the resolution from the House of
Representatives to go into the. election of Secretary of State on
Thursday next, and in their resolution appointing justices of the
peace for Wilson county. Ordered, that the clerk acquaint the
House of Representatives therewith.
The following message was received from his Excellency, Wm.
Carroll, by ThomasH. Fletcher,. Esq. Secretary of State.
Fellow• Citizens of the Senate
and of the House of Representatives,
I transmit herewith the report of Samuel
G. Smith, Esq. of the examination of the Agencies of the State
Bank in West Tennessee, made in compliance with a resolution
of the last session. Also the report of Captain Dumeste of a sur-
vey and estimate of the expense of removing the obsructions to
navigation at the Suck, Boiling Pot and Tumbling Shoals in the Ten-
nessee River.
WILLIAM CARROLL.
Executive Office, )'
Nashville, Sept. 22d, 1831. (
Said reports were received and read, and ordered to be trans-
mitted to the House of Representatives.
On motion of Mr. Greene, seconded by Mr. Gillespy, it was
ordered that
One thousand copies of the report of Captain Dumeste (the
Engineer) be printed for the use of the Senate.
On motion of Mr. Bradford it was ordered that two thousand
copies of the report of Samuel G. Smith, (Bank Commissioner)
be printed for the use" of the Senate; and that a copy thereof be
referred to the Committee on Banks.
Mr. Greene's resolution referring so much of the Governor's
message as relates to winding up the concerns of ihe Bank of
the State of Tennessee, to the committee on Banks, was taken
up, read and adopted.
25
A resolution submitted on yesterday by Mr. Gillespy instructing1
the committee on internal improvement, to inquire into the ex*
pediency of providing by law for the appoininient of a separate
and independent board of internal improvement for East Tonnes*
see, was taken up, read and adopted. " ~ " .
•A resolution submitted yesterday by Mr. Murray, appointing a
committee to take into consideration, that part of the Governor's
message, which relates to tne'dividing line between the States of
Tennessee and Mississippi,was taken up j?ead and adopted. The'
Speaker appointed Mr. Murray, Mr. Davis, Mr.'Andrews, and Mr.
M'lver, said committee. *
A resolution submitted yesterday by Mr,.Frey, referring so much
of the Governor's message as relates to the Penitentiary,, to the
committee on that subject,'was taken up, read and adopted. •
A resolution, submitted by Mr. Gillespy on yesterday, propos-
ing to raise a standing committee.on the Htwassee District was
taken up and read. Mr. Greene moved an amendment thereto
by adding "And that a select committee' of five be appointed on
Indian reservations,"said amendment was received, and the reso*
lution adopted. The Speaker appointed Mr. Greene; Mr. Perkins,
Mr. Frev, Mr. Davis and Mr. Polk, the committee on the Hiwas*-
see District; and Mr. Anderson, Mrr Gillespy, Mr. Lytle, Mr. Bur-
ford and Mr. Brabson-, the committee, on. Indian reservations.
A resolution submitted yesterday by Mr. Greene, instructing the
committee on internal improvements, to inquire into fh*e exnedt-
ency of placing such portion of the funds in ihe hands'of the hoard,
set apart by the last Legislature for the, object of intermjf im-'
provement, in East Tennessee, as mnvhe deemed admju »t*> fie'
removal of the obstructions rn navigation in the TVnnpssee*river; .
from the foot of the Boiling Pot to ICnoxville, was taken. up,, read*
and adopted. '
Mr. Burford introduced
A bill to equalize the tax on merchants a.nd nne lio.iepr*, and
more effectually to secure thp revenue'from merchants an l iin,c.-
tioneers; w.hieh was read tlie lirst time and passed.
Mr. Wyly submitted tlie following resolution. ;
Resolved, That a select committee consisting of' four members
be appointed, to be ■denominated a commjilee of retrenchment.
Mr. Bradford, the following:
Resolved, That acommittee he appointed to fake into consider-
alion, the propriety of passing a law establishing a comptroller's,
office, and providing for the election, of a comp.roller or Auditor
of public accounts. ' <
' On /notion of Mr. Jetton the Senate look up and proceeded 16
the consideration-of the 3rd rule as reported,by the committee
appointed to dra'ft rules for the government of the intercourse
of the two branches of the Legislature,^which provides that each
D . . .
House shall mature its own bilh and resolutions previous to their
being transmitted to the other. And on the question, "Will the
Senate adopt 'said rule," it was decided in the negative. Ayes
10, Noes 10. The Ayes and Noes being required by the consti-
tutional number.
Those who voted in the affirmative are,
Messrs. Speaker, Andrews, Bradford, Burford, Davis, Holman,
Jetton, Murray, Perkins and Polk, 10.
Those who voted in the negative, are,
Messrs. Anderson, Brabson, Field, Frey, Gillespy, Greene, Ly-
tie, McClellan, M'lver and Wyly, 10.
And so said rule was not adopted.
A message from the House of Representatives by Mr. Campbell
their clerk:
MR. SPEAKER,
The Speaker of the House of Representatives did this day sign
an enrolled resolution appointing Justices of the Peace for the
county of Wilson, which I am directed to deliver to the Senate to
receive the signature of their Speaker. And then he withdrew.
The Speaker of the Senate signed said resolution, and ordered it
to be deposited in the office of the Secretary of State.
On motion of Mr. Davis, the Senate took up a resolution here-
tofore submitted by him proposing to meet the House of Repre-
sentatives in their Hall on Saturday the 24th inst. for the purpose
of electing an Attorney General for the 12th Solicitorial District.
Said Resolution was read and rejected.
On motion of Mr. Jetton,
Ordered, that the report of the Penitentiary Commissioners be
taken up and transmitted to the House of Representatives.
Mr. Murray presented the return of the clerk of the Circuit
court 0^ Weakly county, shewing the number of causes docketed
from the May term, 1825, to May term 1831 inclusive; which
were on motion of Mr. Murray, ordered to be referred to the Judi-
ciary committee.
The Senate then adjourned until tomorrow morning'. 9 o'clock.
FRIDAY, SEPTEMBER 23d, 1831.
Mr. McClellan presented the report of the school commission-
ers of Sullivan county, which was on motion of Mr. McClellan
referred to the committee on eduction and common schools.
Mr. Gillespy presented the petition of Henry Matlock, .which
was on motion of Mr. Gillespy referred to the committee on the
Hiwassee District;
Mr. Greene presented the petition of a number of citizens ask-
27
ing relief for Lucinda Allen, which was referred on motion of Mr.
Greene to the committee nn propositions and grievances.
Mr. Lytle presenied the return of the clerk of the Supreme
Court of Errors and Appeals at Nashville, showing the amount of
tax on suits in the Supreme court between the 1st day of October
1S2S, and the 1st day of October 1830, and which was paid over
by him to the Treasurer of West Tennessee, which was. referred
on motion of Mr. Lytle to the committee on Finance.
Mr. Davis presented the petition of Nathan Jobe, a citizen of
Lawrence county, and the petition of George W. Shackelford, a
citizen of the same county, praying.to be released froma forfeited
recognizances, and to have the amount already paid by them res-
pectively, refunded; both which of memorials were, on motion of
Mr. Davis referred to the committee on claims.
A resolution submitted yesterday by Mr. Bradford proposing to
establish a comptroller's office and providing for the election of a
comptroller or auditor of public accounts, was taken up and read
and on motion of Mr. Bradford ordered to lie on the table until
Monday next. ' '
A resolution submitted yesterday by Mr. Wyly, proposing to ap-
point a committee of four to be denominated the committee on
retrenchment, was taken up read and adopted, th.e Speaker ap-
pointed Mr. Wyly, Burford, McClellan, Jetton and Bradford said
committee.
Mr. Greene submitted the following Resolution..
Resolved, That the Senate meet the House of Representatives in
their Hall on Saturday next, for the purpose of comparing the
votes given a'"the last Election for Governor of the State of "Ten-
nessee. And'the rule requiring, resolutions to lie one day on the
table being suspended, on motion of Mr.. Greene said resolution
was adopted.
Ordered, That the clerk acquaint the House.of' Representatives
therewith and ask their concurrence therein.
Mr. Greene submitted the following,
Resolved, By the General Assembly of the State of Tennessee,
that the Treasurer of middle Tennessee be required to report to
this General Assembly, the exact amount of revenue remaining in
the Treasury, (if any) at the close of the session of 1827. Also
what amount (if any) remained-unexpended at the close of tlje
session of 1829 and 1830, and if a deficit existed in the revenue of
the State, at the last named period, to what extent, and by what
authority, and from whence the money was. obtained to supply
such deficiency.
Mr. Andrews the following,
Resolved, That a Standing Committee be appointed to take into
consideration the equitable distribution ; and disbursement of
that portion of the internal improvement fun.d, get apart by the
28-
last Legislature for making internal improvements in the Wes-
lerii District o! Tennessee,-and that they report a Bill according-
Iv.
Mr. Bradford,the following,
Resolved, That the Committee on Finnncp in settling with the
different Treasurers make annual instead of biennial sette-
merits as heretofore; shewing the actual situation of the Public
Treasury at the close of each fiscal year.
Mr. McClellan, the following,
Resolved, By the General Assembly of the State of Tennessee,
that the President and Directors of the Bank of the Slate of Ten-
nessee report to this General Assembly t e names of all persons
who are or have been over-checkers in said bank, and that they
give the names and amount of each as it stands on the' books of
said bank,-that they-report such as have been settled, and in what
way such settlements have been made, that they report such debts
as are not settled with the probability of collecting the same.
Mr. Davis the lollowing,
Resuhtd, Bv the General \ssemhly of the State of Tennessee,
That Jobn G. Me D«»nah1, Daniel Kuict , Y\ in Railitl. Richard A.
Massay and Fielder. Woodard, be and they are hereby appointed
, Justices of the peace for the county of Laurence.
Mr. Mclver intioduced A bill to amend the laws on the subject
of delivery bonds.
Mr. Dolman, A bill to repeal an act e n' it led an act providing a
method to help and speed poor persons in obtaining their just
lights.
A lull for the relief of James Scarbrough, and
A hill to repeal an act entitled an act more amply to provide for
the p'oor, passed on the -i 5th November, 1827.
Mr. Bradford A bill gi\ing further time for surveying entries
and obtaining grants thereon.
Mr. Greene A bill to extend the corporation laws of the town of
Kingston in the county of Roane.
Mr. Burlord A bill to repeal an act passed, December 7tlfl829,
chapter 29, more effectually to provide for emancipating slaves.
Mr. Andrews, A bill lor tl e benefit of Cuslus Oneal.
Mr. Anderson, A bill to amend the laws of this State on the sub*-
jcel of public roads, and
A bill to re pi al part of the act of 18*39, chap. 9. And
J)h. VV\ 1 y,
A bill to amend an act for the relief of Sheriffs, passed Novem-
berCth, 1811.
All of which were severally read the first time and pass-
ed.
Received from the House^of Representatives,
A bill giving further time for surveying entries and obtaining
29
grants thereon. Said bill was.read, and on motion of Mr. Brad-
ford ordered to lie on the table.
Received from the House of Representatives,
A bill for the benefit of Securities.
A bill further to define and extend the jurisdiction of Justices
of the Peace.
A bill for the relief of the occupants south and west of the re-
servation, and for other purposes.
A bill to authorise R. William Martin to build a bridge across
Collins' river in Warren county.
A bill more etfeclu.al!y to prevent fraud, and to extend the rem-
edy against hardships.
A bill to alter the name of Eli Slinker Murray to that of Eli
Murray.
A bill to establish a separate battallion in the county of Hay-
wood, and for other purposes.
A bill 10 repeal an act entitled an act to explain and amend an
act entitled an act regulating certain proceedings on executions
and for other purposes, passed Nov. 27, 1729.
A bill to appropriate certain money to the improvement of the
navigation of Big Sandy river.
A bill to abolish imprisonment for debt.
A bill to amend the laws now in force, regulating appeals in
equity.
A bill concerning the distribution of Haywood and Cobb's
Revisal of the statues of this State, and for other purposes.
A bill to amend an act passed on the fifth day of January, 1830,
entitled an act to authorize a tax to be laid in the county of Flaw-
kinsto build a court house.
A bill to amend the stray laws.
A bill to prevent clerks, sheriHs and constables, from speculat-
ing upon funds in their offices and for other purposes.
A bill giving the purchasers and enterers of land in the Hiwas-
see District further time to obtain their grants.
A bill to extend -the jurisdiction of Justices of the Peace.
A bill to allow Justices of the Peace compensation in cases of
damages and bastardy. And
A bill to incorporate an Academy in the County of Hamilton,
all of which were severally read thp first time and passed.
Mr. Gillespy submitted the following:
Resolved by the General Assembly of^ the State oj Tennessee, That
the Board of Trustees of the Nashville University, and the Board
of Trustees of East Tennessee College, be, and they are hereby
directed and required severally to report as soon as practicable to
this General Assembly the amount of monies they, or either of
them, may at any time heretofore have received, whether of mo-
Dies collected from the people south of French Broad and FIol-
30
ston, or of monies of any other description and the date of such
receipt or receipts, and that said boards further severally report
the quantity date and value of any donation of any land warrants
or land certificates; also the quantity, quality, supposed value and
date of any donation of real or personal estate, or the donations,
if any, the nature and date thereof of any other description that
may have heretofore been made to said institutions, or either of
them, and by whom made—That said Boards further report the
amount or amounts of monies by them, or either of them at any
time heretofore expended, for what purp'ose, and at what time
such expenditures were by them, or either of them- made, whelh-
er made in the payment of the salaries of teachers, tutors, &c. in
the purchase of books, charts &c. or of philosophical, astronomi-
cal or chemical apparatus, or of other necessaries or conveniences
for the benefit of said institutions or either of them, and how much
has been expended (or each purpose respectively.—That the said
Board report severally the amounts expended by them.respective-
]y in the purchase of real or personal estate; where the same is
situated, and the supposed value thereof.—That said. Boards fur-
ther report the quantity, description and situation of any real or
personal estate, they or either of them may have sold; for what
price each article or tract may have been sold, and to whom sold?
whether for money advanced,or upon a credit,and if upon a credit,
whether the same has been collected? If not, how the debt is se-
cured?—That said Boards report the amount of debts due to them,
or either of them, the time at which the same became due, and
from whom due; the amount of debts due from them, or either of
them, to whom due, and the time the same became due.—That
said Boards severally report the description, quantity, supposed
value and situation of any personal or real estate at present belong-
ing to said institutions, or either of them, and whether the same
or any part thereof is unincumbered with any deeds of trust., mort-
gages or any other liens of any other character or description
whatever? If so, by whom such liens are held? and for what
amounts, and what arrangements are making to remove the same?
whether any estate, real or personal, of said institutions or either
of them have been sold or otherwise disposed of under such liens?
if so that said boards report the quantity, description, supposed val-
ue and situation of such estate ? for whose benefit and for what
amount sold or disposed of?—That said Boards severally report
the number of teachers, tutors, and other officers who receive sal-
aries or pajqbelonging to sa'fd Institutions respectively. The name,
grade and salaries,or pay by them respectively received at each
institution.—That said Boards further severally report, the terms
of tuition, the amount paid at entering, the amount paid for di-
plomas, and who receives the same at each institution respective-
ly—that they report the amount of funds now on hands, the nura-
31
ber and the grade of the students belonging to each institution
respectively.
Resolved, That the Secretary of State be directed to furnish the
board of Trustees of the Nashville University, and the Board of
trustees of East Tennessee College forthwith with a copy of* the
foregoing resolution.
And the Senate adjourned until tomorrow morning 9 o'clock.
SATURDAY, SEPTEMBER 24th, 1S31.
Mr. McClellan presented the returns of the common shool com-
missioners of Hawkins county, for the years 1830 and 1831,
which were on motion of Mr. McClellan referred to the committee
on Education and common schools.
Mr. Brabson presented the returns of the clerk of the county
court of Claiborne; shewing the amount of revenue and taxes and
the number of militia companies and Justices of the peace in said
county, which were on motion of Mr. Brabson referred to their
appropriate committees.
Mr. Davis presented the returns of the clerk of the circuit
court of Lawrence county, shewing the number of causes tried
and the amount taxed thereon in said county for the years 1828,
1829 and 1830, which were on motion of Mr. Davis referred to
the committee on Finance.
Mr. Andrews presented the petition of Polly Johnston and oth-
ers heirs of John Alston deceased asking relief for land lostio the
1st District in the county of Humphreys, which was referred on
motion of Mr. Andrews to the Committee on Land claims.
A resolution submitted on Friday last by Mr. Andrews propos-
ings to appoint a standing committee, to take into consideration
the equitable distribution and disbursement of that portion of the
Internal Improvement fund, set apart by the last Legislature, for
making improvements in the Western District, was taken up read
and adopted.
The Speaker appointed Messrs. Andrews, Polk'and Field, said
committee.
A resolution submitted on yesterday by Mr. Davis, appointing
Justices of the Peace for Laurence county, was, on motion of
Mr. Davis, referred to the committee on captains'companies and
Justices of the Peace.
A resolution submitted on Friday last by Mr. M'Clellan, direc-
tory to the President and Directors of the Bank of the State of
Te nnessee, was taken up, read and adopted.
Orderedy That the clerk acquaint the House of Representatives
therewith, and ask their concurrence therein.
32
• A resolution submitted on yesterday by Mr. Bradford, instruct-
ing the committee on Finance to make annual instead of bienni,
al settlements (as heretofore) with the Treasurers of this State
was taken up, read and adopted.
A resolution submitted by Mr. Greene on yesterday requiring
the Treasurer of Middle Tennessee to report to this General As-
semblv, the amount of revenue remaining in the Treasury at the
close of the sessions of 1827, 1829 and 1830, was taken up and
read—Mr. Bradford, moved to amend said resolution, by adding
thereto the following: "excluding the receipts of revenue arising
in the year 1829." Mr. Burford offered an amendment to said
amendment in the words following: "Also exclude from his re-
port of the revenue for 1829 and 1830 all the revenue which was
. received in those years, but was due to, and unpaid in, the years
1827 and 1828." Mr. Jetton then moved to lay the resolution and
amendments on the table until Monday next, which motion was
lost, The question next recurred upon the amendment offered by
Mr. Burford, and the sense of the Senate being thereupon had,
said amendment was rejected.
The motion of Mr. Bradford being next in order, the question
was put, "Will the Senate receive said amendmem ?" and decided
in the negative—Ayes 10, Noes 10. The Ayes and Noes being
demanded by the constitutional number,'those who voted in the
affirmative are,
Messrs. Speaker, Anderson, Andrews, Brabson, Bradford, Field,
Jetton, M'lver, Murray and Polk, 10.
Those who voted in the negative are,
Mr. Burford, Davis, Frey, Gillespy, Greene, Holman, L\tle,
McClellan, Perkins and Wyly, 10.
Arid so said amendment was rejected.
The resolution was then put upon its passage and on the ques-
lion "will (he Senate adopt said resolution" it was decided in the
affirmative. Ayes 17, Noes 3—The Ayes and Noes being demand-
ed, those who voted in the affirmative are—Mr. Speaker, Ander-
son, Brabson, Burford,'Davis, Field, Frey, Gillespy, Greene. Hoi-
man, Jetton, Lytle, McClellan, Mclver, Perkins, Polk and Wyly,
17.
Those who voted in the negative are Mr. Andrews, Bradford
and Murray 3.
And so said resolution was adopted.
Ordered, That the clerk acquaint the House of Representatives
therewith, and ask their concurrence therein.
Mr Davis submitted the following:
Resolved, That the clerk of the Senate keep a record of the re-
turns of the several sheriffs of this State of the votes of Governor
as opened in the presence of both Houses, and enter the same
32
upon the Journals of the Senate. And the rule being suspend-
ed, said resolution was adopted.
A resolution submitted by Mr. Gillespy on yesterday, directory
to the Boards of Trustees of the Nashville University, and of East
Tennessee College, was taken up and read, amended by Mr. Gil-
lespy and adopted.
Ordered, That the clerk acquaint the House of Representatives
therewith, and ask their concurrence therein.
Mr. Gillespy submitted the following:
Resolved, By the General Assembly of the State of Tennessee, That
the Judge of the 7th Judicial Circuit of the State of Tennessee,
appointed commissioner under an act of the General Assembly,
entitled "an act for the relief of certain improvers of land in the
Ilivvassee District," passed the 13th of January 1830, for the pur-
pose of adjudicating the value of certain improvements and other
purposes in said act specified, be, and he is hereby directed to
report as soon as practicable to this General Assembly the aggre-
gate number and value of the improvements by him adjudicated;
the manner and principle upon which the valuation of such im-
provements were ascertained; the character and description of
such improvements as were passed, and of such as were rejected.'
—That he report the names of such improvers, and the value of
their improvements by him adjudicated as he shall consider, and
believe entitled to relief, but whose cases were believed by him
not to be embraced within the provisions of said act—That he
be required to recommend such other and further relief as he may
believe, if any, should in justice be provided by law* for the bene-
fit of said improvers; and that he report all such other matters
and things as he may deem right and proper for the information
of this General Assembly.
Resolved, That the Secretary of State be directed to transmit
forthwith a copy of the foregoing resolution to the Judge of the
7th Judicial circuit.
And the rule being suspended, said resolution was adopt-
ed.
Ordered, That the clerk acquaint the House of Representatives
therewith, and ask their concurrence therein.
Mr. Bradford submitted the following resolution:
Resolved, That the Treasurer rpport to this General Assembly,
the amount of revenue on hand at the close of the last General
Assembly, including the expenses of that session qf the Legislature
and excluding from said report the amount of revenue received
by him arising during the year 1829.
Mr. M'Clellan, the following:
Resolved, That the committee on ibternal improvement, inquire
into the expediency of authorising the county courts to lay a tax
for the purpose of keeping up the public roads in this State.
E
B4
Mr. Gillespy, the following:
Ihsolrtd, That a select committee consisting of five members of
the Senate, be raised, to be denominated a select committee on
school lands.
Mr. Brabson, the following:
Hacked, That the committee on tlie Penitentiary be instructed
to enquire into the defects of the criminal code passed at the last
sexton of the General Assembly; and particularly in relation to
the compensation of Sherifis, guards, &c. in transporting convicts
to the penitentiary, and report by bill or otherwise.
Mr. Davis presented the report of the President and Directors
of the Bank ol t te Slate of Tennessee, »bewing the present situ-
ation of that institution. Which was read at the clerk's table,
and referred, on motion of Mr. Bur lord, to the committee on
Banks;
On motion of Mr. Eurford,
Ordered, 'That 2,000 copies of said report be printed for the
use of the Senate.
Mr. l.yile piest nted the repqrt ol the Inspectors, and the report
ol the keeper cf the Penitentiary, shewing its present situation,
the number of convicts therein, their ages, crimes, occupations,
&.c. which were read and ordered to be transmitted to the House
of Representatives.
A message frotn the House of Representatives by Mr. Camp-
beil their clerk.
MR. SPEAKER,
* The House of Representatives concur with
the Senate's resolution directory to the Judge of the 7th Judicial
Circuit. And then he withdrew.
Mr. Burford introduced
A bill to extend the Jurisdiction of justices of the peace, to
pay them for their services and for other purposes.
Mr. McClellan
A bill to repeal the 4th section of an act passed the 1st of Jan-
uary, 1830, entitled an act to amend an act for the benefit of the
Bean Station Turnpike.
Mr. Gillespy
A bill for the benefit of Miller Isbel and others, therein named.
Mr. Murray,
A bill for laying a tax on the sale of Lottery tickets in this State.
Mr. Holman,
A bill respecting the sale of Goods, to prevent venders and
mortgagers from secreting; changing and covering property by
fraud, and
A bill to explain an act,entitled an act to prescribe the mode of
obtaining appeals in certain cases,passed December the Sth 1827.
And Mr. Andrews,
<•
A bill lo change the time of holding the Regimental muster in
the 7Gth Regiment of Tennesssee militia.
All of which were severally read a first time and passed.
Received from the House of Representatives,
A bill making provisions for guardians,
A bill to secure to poor persons the means of supporting their
families.
A bill for the benefit of the heirs and creditors of James Peak
deceased, of White county.
A bill to amend an act passed December 11th, 1827, entitled
an act for the relief of the heirs of persons dying intestate.
A bill for the benefit of Aaron Higgiubothem.
A bill to authorize the entry taker of Perry county, to keep his
office at his own house.
A bill concerning guardians.
A bill more effectually to secure the payment of jiint debts.
A bill for the relief of Arky Y. Parlee and Bersheba G. Parlee,
late Cersheba G. Rounseville of the county of Maury.
A bill for the benefit of Carrick W. Nelson, of Carter county.
A bill for the relief of Elizabeth Young, administrator of \Vm.
Younsr, deceased.
A bill to amend an act of the last session of the General Assem-
bly of the State of Tennessee, on the. subject-of delivery bonds.
A bill to amend the several laws relating to judgments and ex-
ecutions rendered by justices of the peace after such justices have
gone out of office. And
A hill to extend an act concerning the register of the Hiwassee
District, passed 2nd October, 1827.
All of which were severally read the first time and passed.
The Senate then adjourned until Monday morning 9 o'clock.
MONDAY MORNING, SEPTEMBER 26th, 1831.
Mr. McClellan presented the petition of Joseph Rogers, a citi-
zen of Hawkins County, asking relief which was on motion of
Mr. McClellan, referred to the committee on Land Claims.
Mr. McClellan, also presented the petition of Montromery Ir»
vine, and the report of the Jail commissioners for Sullivan coun-
ty, which were referred on motion of Mr. McClellan to the com-
inittee on claims.
Mr. Perkins presented the petition of John Clendennon praying
to be divorced from his wife Elizabeth, which was on motion of
Mr. Perkins referred to the committee on divorces.
Mr. Davis presented ilie petition of Nancy Lindsay, of Lau-
rence county, praying to be divorced from her husband Jefferson
Lindsay, which was referred to the committee on Divorces.
3$
Mr. Greene presented the petition of sundry citizens of Morgan
and Fentress counties, praying the passage of an act authorizing
Amos Marney to open a turnpike road, which was on motion of
Mr. Greene referred to the committee on internal improvement
Mr. Greene also presented the petition of the personal repre-
tatives of John McEwen, deceased^ late of Roane County, and
James McAmy, deceased, late of McMinn county, which was re-
ferred on motion of Mr. Greene to the committee on propositions
and grievances.
Mr. Polk from the committee of enrollments, reported as cor-
recily enrolled, a resolution directory to the Judge of the 7th Ju-
dieiis! circuit. Said resolution was signed by the Speaker of the
Senate, and ordered to be transmitted to the House of Representa-
tiveslo it ceive the signature of their Speaker.
The order made on Saturday last to print 2000 copies of the re-
port, of ti e President and Diitictors of the bank of the State of
Tennessee was on motion of Mr. Burford recinded, and an order
to print one thousand copies substituted in its stead.
Received by Thomas H. Fletcher, Esq. Secretary of State, a
communication from his Excellency, William Carroll, accompa-
nied by a copy of the Will of Mason Lea, deceased, late of South
Carolina.
And the resignations of the Attorney's General for the 11th and
12th Solicitorial Districts of this State, which were severally read
at the clerks table and ordered to be transmitted to the House of
Representatives.
A resolution submitted by Mr McClellan on Saturday last direct-
ing the committee on Internal Improvements to inquire into the
expediency of authorizing the County courts to lay a tax for
the purpose of keeping in repair the public roads of this State,
And .
A resolution submitted at the same time by Mr. Brabson in-
strucling the committee on the Penitentiary to inquire into the
defects of the criminal code passed at the last session of the
General Assembly of this State, and more particularly in re-
lation to the compensation of sheriffs, guards, &c. employed in
transporting convicts, iVere taken up, severally read and adopt-
ed.
A resoluiion[submitted by Mr. Gillespy, on Saturday last propo-
sirg to raise a select committee of five members to be denomina-
ted a select committee on School lands, was taken up, read and
adopted.
The Speaker appointed Messrs. Gillespy, McClellan, Davis,
Jetton and Andrews, said committee.
On motion of Mr. Bradford, the Senate took up and proceeded
to the consideration of a resolution submitted by him on Saturday
last, requiringjhe Treasurer to report to this General Assembly,
S7
the amount of revenue in his hands at the close of the last session
of the Legislature. Mr.Gillespy offered the following as an amend-
ment thereto, "And that said Treasurer also report, the receipts
of revenue of the year 1829, and the amount of monies (if any)
remaining unexpended in his office at the adjournment of the last
session of the General Assembly, of this State," and thereupon
the question was put, "Will the Senate receive said amendment"
and determined in the negative. There being Ayes 5, Noes 15.
The Ayes and Noes being demanded by the constitutional num-
ber, those who voted in the affirmative are,
Messrs. Frey, Gillespy, Greene, Lytle and McClellan, 5.
Those who voted in the negative are
Messrs. Speaker, Anderson, Andrews, Brabson, Bradford, Bur-
ford, Davis, Field, Holman, Jetton, M'lver, Murray, Perkins Poll',
and Wyly, 15.
And so said amendment was rejected. Said resolution was thei
again read and adopted-
A resolution submitted by Mr. Bradford, proposing to appoint i
committee to take into consideration the propriety of passing a lav
establishing a comptroller's office and providing for the electioi
of a comptroller or auditor of public accounts, was taken up anl
read. Mr. Gillespy, offered the following amendment thereto,
"And the accounts of the Bank of the State of Tennessee." Sail
amendment was received and the resolution adopted.
The Speaker appointed Messrs. Bradford, Polk and Field, said
committee.
A messsage from the House of Representatives by Mri Campbell
their clerk.
MR. SPEAKER,
The House of Representatives concur with your resolution di-
rectory to the Treasurer of Middle Tennessee and, w th yopr re-
solution directory to the President and Directors of [he B^'nk of
the State of Tennessee.
They have adopted a resolution appointing John T nsley, John
F.JTass and Henry L. McDonald, Justices of the Pea< e for Jack-
son County, and
A resolution to appoint a select committee to join such commit-
tee as may be appointed on the part of the Senate, ko ascertain
and report the number of votes given for a convention at the late
general elections in this State, with which they ask y jur concur^
rence. And then he withdrew. |
The Senate concurred with said resolutions,. and) appointed
Mr. Greene and Mr. Frey on the part of the Senate ]to be of the
committee to ascertain the number of votes given for a conven-
tion.
Ordered, That the clerk acquaint'the House ol Representatives
therewith.
38
Mr. Murray introduced
A bill to define the liability of endorsers.
Mr. Holman, *
A bill to explain and amend the laws heretofore passed in rela*
lion to sheriffs and constables, and for other purposes. And
A bill to repeal all laws and parts of laws now in force making
ex-officio allowances to clerks and Attorneys Generals.
And Mr. Jetton,
. A bill to alter the name of Temperance M'Millan, and make
her the lawful heir of Thomas Tyblood. All of which were sever-
ally read the first time and passed.
Mr. Gillespy submitted the following:
Resolved, That the committee on Education and Common Schools
le instructed to inquire into the expediency of providing by law,
that the Trustees of the different. Academies in this State be re-
quired to loan the monies that may be at their disposal in sums
not exceeding one hundred dollars, to any one individual.
Mr. Bradford, the following:
Resolved, That the Treasurer of Middle Tennessee report to
his House, if the taxes collected from the 12 1-2 cent and one
eent lands for school purposes, have been uniform on each hund-
ted acres in each of the counties of this State, and what rule has
>een adopted, to ascertain the amount coming into the Treasury
i'rom the different counties. And
Mr. Wyly, the following:
Whereas, the charter of the United States' Bank will expire in
the year 1836, and whereas it is believed that the Stockholders in
said Bank will attempt to secure a re-charter of that Institution.—
And, wherpas it is believed by this General Assembly, that it is
not consistent with sound policy to extend the charter of said
Banl^ therefore,
ResolvedJ By the General Assembly of the Stale of Tennessee,
That our Senators in Congress be instructed, and our representa-
tives reques ted to vote against re-chartering the Bank of the Unit-
ed States, if any attempt should be made in Congress for that pur-
the next session of the General Assembly of this
pose, befpr
State.
Resolved,
acts, so tha
of, and that
That this preamble and resolution be printed with the
the good people of this State may be informed there-
the Secretary of the State furnish a copy of the fore-
going preamble and resolution to each of our Senators and Repre-
sentatives in Congress.
A bill to Authorise William Martin to build a bridge across Col-
lins' river.
A b'll to amend an act passed the 5th day of January, 1830, en-
titled an apt to authorise a tax to be laid in the county of Hawkins
to build a court house. And
39
A bill to incorporate an Academy in the county of Hamilton,
were severally read the second time and passed. 1
A bill to repeal an act entitled an act more amply to provide lor
the po >r, was taken up and read a second time! '
Mr. Holman moved to strike out the amendment from thp House
of liepresentatives, and reinstate the original bill, which motion
prevailed. I
The bill was then put upon its passage; and
On the question, "Shall the bill pass?" it was decided in the
negative. Ayes, 3—Noes, 17. The Ayes and Noes being (called
for by the constitutional number, those who voted in the affirma-
live are,
Mr. Gillespy, Holman and M'Clellan, 3.
Those who voted in the negative are,
Mr. Speaker, Anderson, Andrews, Brabson, Bradford, Burford,
Davis, Field, Frey, Greene, Jetton, Lytle, M'lver, Murray, Per-
kins, Polk and VVyly, 17.
And so said b»ll was rejected.
A bill to appropriate certain money to the improvement of the
navigation ol Big Sandy river, was taken up on its second reading,
and referred, on motion ol Mr. Murray, to the committee on In-
ternal improvement of the Western District.
The Senate then adjourned until tomorrow morning, 9 o'clock.
TUESDAY MORNING, SEPTEMBER 27th, 1831.
Mr. Wylv presented the memorial of a number of citjzens of
Washington county, opposed tore-chartering the Bank'of the
United States, which, together with his resolution upon that sub-
ject, were, on motion of Mr. Wyly, ordered to lie on tie table
until Thursday week.
Mr. M'Clellan presented the petition of Margaret Fickle, pray-
ing to be divorced from her husband, Abraham B. Fickle, which
was referred, on motion of Mr. M'Clellan, to the committee on
divorces. J
Mr. Perkins presented the petition of Henry Rowan,!'which was,
on motion of Mr. Perkins, referred to the committee on proposi-
tions and grievances. I
Mr. Polk from the committee on enrolments, reported, as cor-
rectly enrolled, UA resolution directory to the President and Dif
rectors of the Bank of the State of Tennessee, and 4 resolution
directory to the Treasurer of Middle Tennessee.
Said resolutions were signed by the Speaker of the Senate, and
ordered to be transmitted to the House of Representatives.
Mr. Field from the committee on captains' companies and
40
Justices of the Peace, to whom was referred a resolution submit-
tecji on Friday last by Mr. Davis, appointing Justices of the Peace
for Laurence, reported that the committee had examined the
provisioins of said resolution, and found them reasonable, and ad-
vised the adoption of the resolution.
The resolution was then read and adopted.
Ordered, That the clerk acquaint the House of Representatives
therewith, and ask their concurrence therein.
,A resolution submitted on yesterday by Mr. Qillespy, directing
the committee on Education to inquire into the expediency of
providing by law, that the Trustees of the different Academies in
this State be required to loan the monies that may be at their dis-
posal, in sums not exceeding one hundred dollars, to any one in-
dividual. And,
A resolution submitted at the same time by Mr. Bradford, di-
recting the Treasurer of Middle Tennessee to report to the Sen-
ate the situation of the Taxes collected from the 12 1-2 and one
cent lands for school purposes, and if they have been uniform on
each hundred acres, in each of the counties in this State, were
taken up, severally read, and adopted.
A message from the House of Representatives, by Mr. Camp-
bell their c erk.
MR SPEAKER,
The House of Representatives have adopted a resolution that
the Senate meet them in their Elall on Monday the 3rd day of
October nest, for the purpose of electing a Public Printer, in
which they ask your concurrence. And then he withdrew.
Said message was, on motion of Mr. Jetton, ordered to lie on the
^able until tomorrow.
Mr. Burford submitted the following.
RcsoUed, That the committee on the militia be instructed to en-
quire in o the expediency of repealing alllaws and parts of laws,
now in fprce, requiring battalion and regimental musters, or more
than one company muster annually,and thatsaid committee report
by bill cr otherwise.
Mr. Hplman, the following:
Resolved, That the committee on Internal Improvement be in-
structed to inquire into the expediency of placing such portion of
the fundsias were set apart by the last Legislature for the purpose
of Internal Improvement in Middle Tennessee, in the hands of the
board of internal improvement, as may be deemed adequate to the
improvement of the navigation of Obeds river in the counties of
Fentress and Overton and that they report thereon. And
Mr. Jetton the following
Resolved, By the General Assembly of the State of Tennessee,
That cur Representatives in Congress be instructed, and our Sen-
41
ators requested to use their influence to recharter the tjnited
States' Bank with certain modifications.
2nd. Resolved, That a Branch be located in this State with a
provision that the State shall have a preference over all others,
ninety days after the first meeting of the General Assembly, after
the United States' Bank has been chartered to subscribe for*
stock.
3rd. Resolved, That the citizens of the State shall have a pre-
ference of sixty days for the purpose of subscribing for the stock*
to be taken in this State, over, all others.
4th. Resolved, That the funds belonging to the Bank of the
State of Tennessee be loaned by the Board of President and Di-
rectors, until it shall be known by the General Assembly what
disposition Congress will make of the United States' Bank.
5th. Resolved, That the principal Bank ol the State shall be lo-
cated at Knoxville, and it shall be the duty of the President and
Board of Directors to establish a branch of the Bank of the State*
in the most eligible place in middle Tennessee. Also, a branch
at the most suitable place in the Western District, and no more.;
Resolved, That the agencies in the different counties shall be
brought to a close by said Board of President and Directors, at the
same time extending as much indulgence to the good people of
this State as possible, so as to secure to the State her rights.
Agreeable to a rule of the Senate, said resolutions lie one day,
on the table.
Mr. Davis introduced
A bill to amend the laws relative to the trial of slaves.
Mr. Holman,
A bill to prevent malicious prosecutions of the Peace.
Mr. Murray,
A bill to indemnify such counties in this State as are deprived
of a part of their county revenue by the act of Assembly of 1822,
and the compact entered between the commissioners appointed
by the provisions of said act.
Mr. Greene,
A bill to amend an act entitled an act authorising John Brown
to open and keep in repair a turnpike road, passed the 9th day of
January 1830. And,
A bill to amend and explain an act, entitled an act more effect-
ually to prohibit county officers from speculating in County
claims.
Mr. Gillespy,
A bill to compensate James A. Whitesides for superintending-
the printing of Haywood and Cobb's Revisal.
A bill for the relief of William Kanard and others. And
A bill for the relief of Allen D. Gentry, which were severally
read a first time and passed.
F
42
A bill to repeal an act passed December 7th, 1829, chapter 29,
more effectually to provide for emancipating slaves, was taken up
and read, and the question thereon being taken, "Shall the bill
pass?" it was determined in the negative—Ayes 6, Nays 14.
The Ayes and Noes being demanded,
Those who voted in the affirmative are,
Mr. Burford, Bradford, Holman, Lytle McClellan and Polk, 6.
Those tvhovofed in the negative are,
Mr. Speaker, Anderson, Andrews, Brabson, Davis, Field, Frey,
Gillespy, Greene, Jetton, M'lver, Murray, Perkins and Wyly, 14.
And so said bill was rejected.
A bill to extend the corporation laws of the town of Kingston in
the county of Roane.
A bill to repeal part of the act of 1827, chapter 9.
A bill to amend the laws on the subject of delivery bonds.
A bill to amend the laws now in force regulating appeals in
equity. And
A bill levying a tax on the sale of lottery tickets in this State,
were severally read, and on motion, ordered to be referred to the
committee on the Judiciary.
Mr. Gillespy withdrew and returned with an amendment.
A bill for the relief of Elizabeth Young, administratrix of Wil-
liam Young, deceased. The amendment was received,and the bill
read a second time and passed.
Mr. Gillespy withdrew and returned with an amendment,
A bill concerning the distribution of Haywood and Cobb's Re-
visal of the Statutes of the State of Tennessee—said amendment
was received, and the bill referred, on motion of Mr. Anderson, to
the committee on Public Printing.
A bill to amend the laws of this State on the subject of public
roads, was taken up, read a second time, and rejected.
On motion of Mr. Burford,
Said bill was called up and reconsidered, and referred to the
committee on Internal improvements.
A bill for the benefit of Aaron Higginbotham.
A bill to amend an act entitled an act for the relief of Sheriffs.
A bill to change the time of holding the regimental musters in
the 76th Regiment of Tennessee militia. And
A bill to increase the jurisdiction of .lustides of the Peace to
pay them for their services, and for other purposes, were sever-
ally read a second time and passed.
Mr. McClellan, withdrew for amendment
A bill giving further time for surveying entries and obtaining
grants thereon.
Mr. Brabson withdrew for amendment
A bill to equalize the tax on merchants and auctioners,and more
effectually to secure the revenue from merchants and auctioneers.
43
And Mr. Maury withdrew
A bill to repeal an act entitled an act providing a method to help
and speed poor persons in obtaining their just rights.
A bill for the relief of James Scarbrough, was on motion of Mr.
Holman referred to the committee on claims.
A bill for the benefit of Custus Oneal, was on motion of Mr.
Fieldj referred to the committee on land claims.
Mr. Gillespy withdrew, and returned amended
A bill giving the enterers and purchasers of land in the Hiwas-
see District further time to obtain their grants. Said amendment
was received and the bill referred on motion of Mi. Gillespy to
the committee on the Hivvassee district.
A bill for the relief of Miller Isbel and others therein named.—
And
A bill to extend the provisions of an act concerning the regis-
ter of the Hiwassee district, passed the 2nd October, 1827, were
severally read a second time, and referred on motion of Mr.Gilles-
py to the committee on the Hiwassee District.
Received from the House of Representatives,
A bill to settle up and close the business of the Bank of (he
State of Tennessee, and the distribute the funds to the counties
upon the basis of free white population,
A bill to compel the different clerks in this State to give new se-
curities, for the performance of the duties of their office.
A bill to amend an aet entitled an act to amend the penal laws
of the State of Tennessee, passed December 9, 1829. And
A bill to repeal the law allowing tax fees to attornies, which
were severhlly read a first time and passed.
And then the Senate adjourned until tomorrow morning, 9
o'clock.
WEDNESDAY MORNING, SEPT. 28th, 1831.
Mr. Holman presented the petition of sundry citizens of Jack-
son county, praying the appointment of Denton Plumbee a justice
of the Peace for capt. Plumlee's company of militia, which was
on motion of Mr. Holman referred to the committee on captain's
companies and justices of the peace.
A resolution submitted yesterday by Mr, Holman, instructing
the cornmitte on Internal Improvement to enquire into the expe-
diency of placing such portion of the funds as were set apart by
the last Legislature, for the purpose of internal improvement in
middle Tennessee in the hands of the Board of internal improve-
ment as may be deemed adequate to the improvement of the nav-
igation of Obeds river in the counties of Fentress and Over-
44
ton, and that they report thereon, was taken up read and adopt-
ed.
A resolution submitted on yesterday by Mr. Jetton, on the sub-
ject of recharting the Bank of the United States with certain mo-
difications was taken up, and on motion of Mr. Jetton was laid
on the table until Thursday next.
A resolution submitted on yesterday by Mr. Burford, instructing
the committee on the militia to inquire into the expediency of re-
pealing all laws and parts of laws, requiring Battalion and Regi-
mental musters, or more than one company muster annually, was
taken up, read and adopted.
Mr. Murray submitted the following,
Resolved, That the Secretary of State, be requested to furnish
the Senate a copy of the census of the respective counties in this
State, shewing the white and black population separately if such
enumeration be in his possession.
Mr. McClellan returned with an amendment in lieu of the whole,
a bill giving further time for surveying entries and obaining grants
thereon. The amendment was received, and the bill read a se-
second time and passed.
A message from the House of Representatives by Mr. Camp-
bell their clerk.
MR. SPEARER,
The house of Representative have adopted
the following resolution.
Resolved, By the General Assembly of the State of Tennessee, That
John Depriest, Isaac Low and James-Rhodes, be and they arc
hereby appointed justices of the peace for Hickman county, with
which they ask the concurrence of the Senate.
The Senate concurred with the foregoing resolution, and or-
dered the clerk to acquaint the house therewith.
The House of Representatives have adopted a resolution that
the Senate meet them in the Representative hall on Monday the
3d day of Oct. next, for the purpose of electing a public printer,
in which they ask your concurrence. And then he withdrew.
The Senate nonconcurred with the foregoing resolution and
proposed in lieu thereof to go into said election on Tuesday the
4th of October next. Ordered that the clerk acquaint the House
of Representatives therewith and ask their concurrence therein.
A bill for the benefit of securities was taken up, amended by
Mr. Jetton, read a second time, and on motion of Mr. Field refer-
red to the committee on the Judiciary.
A bill from the House of Representatives for the relief of Eliza-
beth Humphreys.
A bill to establish an additional court martial in the 4th regi-
pnent of Tennessee militia. And
A bill to declare in force all the acts of the States of Pfarth Car-
45
olina and Tennessee, contained in Haywood's and Cobb's Digest,
and Revisal of the Statutes of this State; and that all statutes of a
public nature heretofore in force in this State, not therein con-
tained, declared obsolete and repealed, were taken up, severally
read the first time, and passed. '
A bill to repeal the 4th section of an act passed 1st January,
1S30, entitled "an act to amend an act for the benefit of the Bean
Station turnpike road.
A bill to amend the laws relative to the trial of slaves. And
A bill concerning guardians, were taken up, read severally the
second time and passed.
A message from the House of Representatives, by Mr. Camp-
bell, their clerk.
MR. SPEAKER,
The House of Representatives concur with your proposition to
go into the election of Public Printer on Tuesday the 4th October
next, and then he withdrew.
A bill to repeal all laws and parts of laws now in force making
ex-officio allowances to clerks and attorneys general was taken
up, and, on motion of Mr. Gillespy, referred to the committee on
Finance.
Mr. Field withdrew for amendment,
A bill to incorporate an academy in the county of Hamilton.
A bill to amend an act passed on the 5th day of January 1830,
entitled an act to authorise a tax to be laid in the county of Haw-
kins to build a court house, was taken up, read a third time, and
passed;
And ordered to be enrolled.
Mr. Anderson introduced
A bill for the relief of John Key and Thomas White, of Ander-
son county, Tennessee.
Mr. Murray,
A bill to incorporate Trenton Female Academy in the county of
Gibson.
Mr. M'lver,
A bill to extend the time of making surveys south and west oF.
the Congressional reservation line, which were severally read the
first time and passed.
A bill from the House of Representatives to authorise Jeremiah
Johnson to build a wing mill dam on the French Broad river, was
read the first time and passed.
A bill for the relief of Elizabeth Young, administratrix of Will-
iam Young, deceased, was taken upon its third and last reading,
read and referred, on motion of Mr. Bradford, to the committee
on claims.
A bill to repeal all laws and parts of laws now in force, making
46
ex-officio allowances to clerks and attorneys general, was referr-
ed, on motion of Mr. Gillespy, to the committee on Finance.
Mr. Greene withdrew for amendment
A bill to authorise the entry taker of Perry county, to keep his
office at his own house.
On motion of Mr. Bradford,
The Senate resolved themselves into a court of Impeachment,
on articles and specifications, preferred by the House of Repre-
sentatives at the last session of the General Assembly of this
State, against Joshua Haskell, Judge ©f the 8th judicial circuit,
appointed the Hon. ArahamM'Clellan, Senator from the county of
Sullivan, president of said court, W. K. Hill, their clerk, and
Geoge W. Woods their Sergeant at arms.
The Speaker of the Senate resumed the chair and proceeded
with the business of Legislation.
A message from the House of Representatives, by Mr. Camp-
bell, their clerk.
MR. SPEAKER.
The House of Representatives concur with your resolution ap-
pointing JohnG. M'Donald, Daniel Kutch, William RatlifF, Rich-
ard A. Massey and Fielder Woodard, Justices of the Peace for the
county of Lawrence.
The House of Representatives have adopted a resolution ap-
pointing JoshuaVTally, M. D. L. F. Sharp, Pascal Head, Albert G.
Donoho and Peter Ketring, Justices of the Peace for the county
of Sumner. And then he withdrew.
The Senate concurred with said resolution, and ordered the
clerk to acquaint the House of Representatives therewith.
Mr, Polk submitted the following resolution:
Resolved, That twenty-five copies of the list of the Standing and
Select committees, be printed for the use of the Senate. And the
rule requiring resolutions to lie one day on the table being suspen-
ded, said resolution was adopted.
Mr. Holraan submitted the following.
Resolved, By the General Assembly of the State of Tennessee,
that the Board of Internal Improvement be instructed to cause a
survey and examination of Obeds river, from its mouth to what is
considered the head of navigation in Fentress county, that an es-
timate of the cost of improving the navigation of said river, be
made and report thereon. And
Mr. Murray the following:
Resolved, That a committee of six members be appointed to
take into consideration the propriety of dividing this State into
Congressional Districts under the census of 1830.
The Senate then adjourned until tomorrow morning, 9
o'clock.
47
THURSDAY MORNING, SEPTEMBER 29th, 1831.
Mr Gillespy presented the deposition of Wm. Kanard, Wm,
B. Turney and Wm. Taylor, in relation to the claim of Allen D.
Gentry, a purchaser of land in the Hiwassee District, and the
certificate of J. C. Mitchell and John Lowry in relation to the
claim of Thomas White, and also the petition of Thomas White,
William Kanard, Miller IsbeJ, and Edward Ragsdale, purchasers
of land in the Hiwassee District, which were, on motion of Mr.
Gillespy, referred to the committee on Indian reservattons.
Mr Davis presented the petition of Edmund Lumpkins, praying
to be divorced from his wife, Nancy Lumpkins, and also the re-
monstrance of the said Nancy Lumpkins, against the petition of
the said Edmund Lumpkins, both of which were, on motion of
Mr. Davis, referred to the committee on Divorces.
Mr. Polk from the committee of enrolments, reported as cor-
rectly enrolled, a resolution appointing Justices of the Peace for
Lawrence county. And an act to amend an act passed on the
5th day of January, 1830, entitled an act to authorise a tax to be
laid in the county of Hawkins to build a court house. Said res-
olution and bill were signed by the Speaker of the Senate, and
ordered to be transmitted to the House of Representatives.
A resolution submitted on yesterday bp Mr. Murray appointing
a committee of six members, to take into consideration the pro-
priety of dividing this State into Congressional districts under the
census of 1830, was taken up and read, and on motion of Mr.
Murray, orderek to lie on the table until tomorrow.
A resolution submittted on yesterday by Mr. Murray, requiring
the Secretary of State to furnish the Senate a copy of the census
of the respective counties in this State, shewing the white and
black population separately, if such enumeration be in his posses-
sion. And
A resolution submitted at the same time by Mr Holman instruct-
ing the Board of Internal Improvement to cause an examination
and survey of Obeds river from its mouth to the head of naviga-
tion in Fentress county, were taken up, severally read and adopt-
ed.
Mr. Mclver submitted the following:
Resolved, By the General Assembly of the State oj Tennessee, That
the Senate meet the House of Representatives in their Hall on
Tuesday the 4th day of October next, for the purpose of electing
a Surveyor General for the 11th District.
Mr. Greene returned with an amendment authorizing the regis-
ter of Morgan county, to keep his office at his own house,
A bill to authorize the Entry taker of Perry county to keep his
office at his own house. Said amendment was received, the bill
as amended read a second time and passed.
48
Mr. Field returned with an amendment, upon its 3d and last
reading,
A bill to incorporate an Academy in the county of Hamilton,
said amendment was recieved, and the clerk ordered to acquaint
the house of Representatives therewith.
Mr. Polk introduced
A bill for the benefit of the Register of Maury county. And
Mr. Holm an
A bill to explain and amend the 7th section, chapter 10, of an
act entitled an act to prevent frauds, in the execution of last will9
and testaments; and directing how deeds of gift and bills of sale
shall be executed, authenticated and perpetuated. Passed in the
year 1784. Said bills were severally read a first time and passed.
On motion of Mr. Davis, Ordered that Mr. Murray, be added to
the committee of internal improvements in the Western district.
Received from the House of Representatives,
A bill to inclose the milk sick hills in White county. Said bill
was read a first time and passed.
A bill for the relief of Win. Kanard and others. And
A bill for the relief of Allen D. Gentry, were on. motion of
Mr. Gillespy referred to the committee on Indian reservations.
Mr. Field withdrew for amendment
A bill to explain and amend the laws heretofore passed in rela-
tion to Sheriffs, constables and for other purposes. And
A bill to amend an act entitled an act authorizing John Brown
to open and keep up a turnpike road. Passed the 9th day af Jan-
uary 1830.
A bill to indemnify such counties in this state, as are deprived
of a part of their county revenue, by the act of Assembly of Au-
gust 14th, 1S22, and the compact enterred intobetween the com-
missioners appointed by the provisions of said act, wasordered to
lie on the table.
A message from the House of Representatives, by Mr. Campbell
their clerk.
MR. SPEAKER,
I am directed to inform the Senate, that the House of Repre-
sentatives are now ready to go into the election of Secretary of
State. And then he withdrew.
Whereupon,
The Speaker and gentlemen of the Senate repaired to the Hall
of the House of Representatives, and proceeded to the election
of said officer, when, on collecting and counting the ballots, Sam-
uel G. Smith was duly and constitutionally elected Secretary of
State for the next ensuing four years. And thereupon the Speak-
er and gentlemen of the Senate repaired to their own chamber.
A bill to compensate James A. Whiteside, for superintending
*9
perintending the printing oF Haywood, and Cobb's Revisal was re '
ferred, on motion of Mr. Gillespy, to the committee on claims.
A message from the House of Representatives by Mr. Campbell,
tlieir clerk.
MR. SPEAKER,
The House of Representatives concur with the amendment pro-
posed by the Senate, to
A bill to incorporate an Academy in the county of Hamilton.
And then he withdrew.
Said bill was then read a third and last time in both Houses,
•passed and ordered to be enrolled.
A bill to amend and explain an act entitled an act more effectu-
ally to prohibit county officers from speculating in county claims,
was taken up andkead. Mr. Gillespy offered an amendment.in lieu
of the whole bill, which amendment proposed to repeal the ahove
recited act, and provided, that hereafter it should be the duty of
the sheriffs or collectors in the different counties in this State, to
receive county claims when presented to them in the payment of
taxes or any other county dues, at their nominal value"—and the
question thereon being had "Will the Senate receive said amend-*
ment?" it was determined in the negative—Ayes 5—Noes 15.
The Ayes and Noes being demanded by the constitutional nutn-
ber,
Those who voted in the affirmative are,
Mr. Anderson, Gillespy, Hoi man, Davis and Murray.
Those who voted in the negative are,
Mr. Speaker, Andrews, Brabson, Bradford, Burford, Field, Frey,
Greene, Jetton, Lytle, M'Clellan, M'lver, Perkins, Polk and Wy-
ly, 15. .
And so said amendment was rejected.
The original bill was then read a second time and passed.
A message from the House of Representatives, by Mr. Camp-
bell their clerk.
MR. SPEAKER,
The House of Representatives have adopted a resolution to go
into the election of a surveyor General for the 11th District, and
surveyors for the counties of Hamilton, Knox and Cocke, on
Tuesday the 4th day of October next.
Said resolution was, on motion of Mr. Davis, ordered to lie on
the table.
The House of Representatives have adopted a resolution ap-
pointing Mansfield House, William Maury, William Johnston,
Joshua D. Cloud and Richard Reynolds, Justices of the Peace for
the county of Williamson. And then he withdrew.
Said resolution was concurred with by the Senate, and the
clerk ordered to acquaint the H. of R. therewith.
On motion of Mr. Bradford,
G
50
The Senate took up and read the report and resignation of the
Honorable Hugh L. White, agent for the State of Tennessee, in
reservee cases in the Hiwassee District, which, with its accompa-
nying documents, were referred to the committee on Indian reser-
rations.
Mr. Murray returned with an amendment in lieu of the whole.
A bill to repeal an act entitled an act providing a method to
help and speed poor persons in obtaining their just rights—said
amendment proposed to repeal so much of the above recited act,
as has been construed'to extend to granting appeals, or writs of
certiorari and supersedas, and that hereafter when any person or
persons wishes to avail themselves of the benefit of said act, such
applicant or applicants shall prove, by at least one witness pf good
character, in addition to his or their own oaths, that he, she or
they, are properly and honestly entitled to the benefits contem-
plated by said act.
Mr. Field offered an amendment in lieu of the one offered by
Mr. Murray.
And the sense of the Senate being thereupon bad, said amend-
ment was rejected.
The question then recurred upon the amendment offered by
Mr. Murray,
And the question being put, "Will the Senate receive said a-
mendment," it was determined in' the negative—Ayes 6, Noes
14.
The Ayes and Noes being demanded,
Those who voted in the affirmative are,
Mr. Brabson, Bradford, Frey, Lytle, M'Clellan and Mur-
ray, 6.
Those who voted m the negative are,
Mr. Speaker, Anderson, Andrews, Burford, Davis, Field, Gil-
lespy, Greene, Holman, Jetton, M'lver, Perkins, Polk and Wy-
ly, 14.
And so said amendment was rejected.
The original bill was then put upon its passage,
And on the question being submitted, "Shall the bill pass?" it
was decided in the negative—Ayes 3, Noes 17.
The Ayes and Noes being demanded,
Those who voted in the affirmative are,
Mr. Burford, Gillespyand Holman, 3.
Those who voted in the negative are,
Mr. Douglass, Anderson, Andrews, Brabson, Bradford, Davis,
Field, Fr.ey, Greene, Jetton, Lytle, M'ClellanM.'Iver, Murray, Per-
kins, Polk and Wyly, 17.
And so said bill was rejected.
The Senate then adjourned until to-morrow morning, 9
o'clock.
51
FRIDAY, SEPTEMBER 30, 1830.
Mr. Holnian presented the return of the clerk of the circuit
court of White county, of the amount of monies collected as tax-
es by him on suits, deeds, &c. from the 1st day of October, 1828
up to the 1st of October, 1829, and from the 1st of October 1829
up to the 1st day of October 1830, which was referred to the
committee on Finance.
Mr. Polk from the committee on enrollments reported as cor-
rectly enrolled "An act to incorporate an Academy in the county
of Hamilton," said enrolled act was signed by the Speaker of the
Senate, and ordered to be transmitted to the House of Represen-
tatives.
Mr. Murray from the committee on claims, to whom was refer-
red the petition of Montgomery Irvine, Jailer of Sullivan county;
A bill to compensate James A. Whiteside, for superintending the
printiing and publication of Haywood & Cobbs revisal; A bill for
the relief of James Scarbrougb," and "A bill for the relief of Eli-
zabeth Young, administratrix of William Young, deceased." Re-
ported that the commiitee have had the same under consideration,
that the committee think the claims and the provisions of said
bills reasonable, and recommend the passage of the same.
Mr. Murray also reported
A bill for the relief of Montgomery Irvine, Jailer of Sullivan
county; which was read the 1st time and passed.
The bill to compensate James A. Whiteside, for superintending
the printingofHaywood and Cobbs revisal. And the
Bill for the relief of James Scarbrough, were read a 2d time
and passed,
A bill for the relief of Elizabeth Young, Administratrix of Wm.
Young, deceased, was taken up on its 3d and last reading, and
referred on motion of Mr. Burford to the committee on the Judici-
ary.
Mr. Perkins returned without amendment
A bill to explain and amend the laws heretofore passed in rela-
tion to sheriffs and constables, and for other purposes; which was
read and referred on mbtion of Mr. Gillespy to the Judiciary com-
mittee.
Mr. Holman returned with an amendment
A bill to amend an an act entitled an act authorizing John Brown
to open and keep up a turnpike road, passed the" 9tlfday of Jan.
1830;said amendment was received,and the bill as amended was on
motion of Mr. McClellan referred to the committee on Internal
Improvement.
Mr. Brabson returned without amendment
A bill to equalize the tax on merchants and auctioneers, and
more effectually to secure the revenue from merchants and auc-
. 9%
The Speaker appointed Messrs. Burford, Murray, Greene, Ly-
lie and Frey said select committee.
Mr. Greene presented the petition of Polly Farmer for a di-
vorce—which was referred on motion of Mr. Greene to the com-
mittee on divorces.
A message from the House of Representatives, by Mr. Camp-
bell their clerk.
MR. SPEAKER,
The House of Representatives have adopted a resolution that
the Senate meet them in their Hall this evening, at half afier two
o'clock, for the purpose of comparing the votes for governor, at
the last general elections in this State And then he withdrew.
The Senate concurred with the foregoing resolution, and or-
dered the clerk to acquaint the House of Representatives there-
with.
Mr. Holman returned with an'amendment in lieu of the whole;
A bill to define the liability of endorsers.
Sard bill and amendment were, on motion of Mr. Burford, re-
ferred to the committee on the Judiciary.
A resolution submitted on yesterday by Mr. M'lver, proposing to
meet the House of Representatives in their Hall on Tuesday next
for the purpose of electing a surveyor general for the 11th Dis-
trict, was taken up, read, and, on motion of Mr. Davis, ordered ,to
lie on the table.
Mr. Lytle submitted the following:
Resolved, by the General Assembly of the State of Tennessee,
That it shall, and may be lawful, lor the heirs of Selby Harney,
to file grant, No. 20S6, for 640 acres, granted to said Harney, by
the State of North Carolina, before the commissioners of adjudi-
eating land claims, and if it shall satisfactorily appear to said com-
nnssioners, that said grant is foundedron a good and valid war-
rant, and that no other grant ever issued on said warrant, and that
it is interfered with by an older and better claim,then said commis-
sioners shall issue to the rightful owners, a certificate for said in-
terference.
Mr. Polk, the following;
Resolved, by the General Assembly of the Stale of Tennessee, That
Thomas Wilson, John Gordon, David Fly, George A. Peeler, E. B.
Dooley, Isaac Goff, John Moore, John B. Hamilton and Bernard
Hogan, be, and they are hereby appointed Justices of the Peace
for the county of Maury. And
Mr. Bradford, the following:
Resolved, That the Treasurer ol East Tennessee report to this
General Assembly the amount of money refunded by him to pur-
chasers of land in the Iliwassee District, and whether a release
and transfer of interest to the State required by law, has been in
every instance formally and legally executed.
53
Received from the House of Representatives,
A bill for the relief of Eliza Casey, of Rhea County. And
A bill for the relief of John R. Charter.
Said bills were severally read a first time and passed.
A message from the House of Representatives, by Mr. Campbell
their clerk.
MR. SPEAKER,
The House of Representatives have adopted a resolution ap-
pointing Kincher Matthews, Jesse Wooten; David Ramsey, Fran-
cis Smartt, George Leitz, Michael Dean, John Frazier, Jacob
"YVoodly, Daniel Parkhurst, and William J. Todd, Justices of the
Peace for the county of Warren, and Robert Wade and Thomas
Shepherd, Justices of the Peace for Hickman county. And then
he wtthdrew.
Said resolution was ordered to lie on the table.
The hour having arrived as previously agreed upon,
The Speaker and gentlemen, members of the Senate, repaired
to the Hall of the House of Representatives, and proceeded to
compare the returns of votes given at the last general elections
for Governor of the State of Tennessee, from the following coun-
ties, (to wit.)
Marion, Morgan, Hamilton, Franklin, Hawkins, Tipton,*Knox,-
Stewart, Humphreys, M'Nairy, Wayne, Sumner, Bedford, Blount,
Claiborne, Smith, Jefferson, Grainger, Sevier, Wilson, Giles, Rhea,
Roane, Hardin, Williamson,M'Minn, Lawrence, Greene, Bledsoe,
Anderson,Carter, Davidson, Robertson, Rutherford, Monroe, Hick-
man, Cocke, Maury, Sullivan, Henry, Madison, Gibson, Perry,
Washington, Carroll, Fayette, Hardeman, Overton, Warren.
And upon comparing the polls aforesaid there werefor William
Carroll, fifty-seven thousand one hundred and twenty-five votes,
an d for John Elliff, nine hundred and seventy-three votes.
Whereupon,
The Speaker proclaimed, in presence of both Houses of the
General Assembly, and the assembled multitude, that William
Carroll was duly and constitutionally elected Governor of the State
of Tennessee for the next ensuing two years.
And thereupon the Speaker and gentlemen of the Senate re-
turned to their own chamber.
A bill to explain an act entitled an act to prescribe the mode
of obtaining appeals in certain cases, passed December 8th, 1827,
was read a second time and passed.
Mr. Gillespy introduced
A bill to compel constables to pay poll tax. And
Mr. Murray,
A bill for the relief of the surveyor general of the 13th Dis-
trict of this State.
Said bills were severally read the first time and passed.
5b
A message from the House of Representatives, by Mr. Campbell
their clerk.
MR. SPEAKER,
The House of Representatives have adopted a resolution to ap-
point a Joint Select Committee, to wait upon His Excellency, and
inform him of his election, and to make arrangements for his in-
auguration. And then he withdrew.
Said resolution was concurred in by the Senate.
And the Speaker appointed Mr. M'CI ell an and Mr. Jetton,to be
of said committee on the part of the Senate.
Mr. Lytle presented the following report from Thomas Crutcher,
Treasurer of middle Tennessee, in obedience to a resolution a-
dopted by the Senate at the present session.
The committee of Finance,in settling with the Treasurers, the
revenue for the years 1827 and 1828, reported that a balance re-
mained in the hands of the Treasurer at Nashville, after deduct-
ing all claims then presented, the sum of fifty-seven thousand,
four hundred and sixty-seven dollars, and forty cents. October,
1829— $57,467 40.
The expenses of the last session
of the General Assembly, their
clerks and doorkeepers, $34,464 60. )
Incidental expenses same session, 4,761 82.) $39,226,42.
Balance
Amount paid witnesses, &c. in
the trial of Judges Williams
and Haskell,
18,240 98.
1,621 84
fieaving a balance of $16,619 14
E. E.
Thomas Crutcher.
The revenue for the years 1829 and 1830, to be accounted for
to the present session by the Treasurers.
Said report was read at the blerk's table, and two thousand
copies thereof ordered to be printed on motion of Mr. Lytle for the
use of the Senate.
The Senate then adjourned until tomorrow morning, 9 o'clock.
SATURDAY MORNING, OCTOBER 1, 1831.
Mr. Greene presented the certificate of John Brown relinquish-
ing to Robert Burke his title to the charter of the turnpike road
from Sparta to John Kimmer's, which was on motion of Mr.
Greene referred to the committee on Internal Improvement.
5 5
tioneers, which was referred on motion of Mr. Burford to'a select
committee of five.
Mr. Greene presented the affidavits of Ephraim Prigmore, Mat-
thew Pryor4 Seth Pryor and David J. Shelton, relative to the peti-
tion of Polly Farmer for a divorce, which was on motion of Mr.
Greene, referred to the committee on divorces.
Mr. Andrews presented the petition of Richard A. McRee;which
was on motion of Air. Andrews referred to the committee on
propositions and grievances.
The following resolution submitted on yesterday by Mr. Lytle,
Resolved, By the General Assembly of the State of Tennessee, That,
it shall and may be lawful for the heirs of Selby Harney to file
grant No. 20S6, for six hundred and forty acres, granted to said
Harney by the State of North Carolina, before the commissioners
for adjudicating land claims, and if it-shall satisfactorily appear
to said commissioners that said grant is founded and a good and
valid warrant, and that no other grant ever issued on said war-
rant,and that it is interfered with by an older and better claim,then
said commissioners shall issue to the rightful owners a certificate
for said interference, was taken up and on motion of Mr. Lytle
laid on the table.
A resolution submitted on yesterday by Mr. Polk, appointing
justices of the peace for the county of Maury, was. taken up and
referred on motion Mr. Polk to the committee on captain's com-
panies and justices of the peace.
A resolution submitted on yesterday by Mr. Bradford, directory
to the Treasurer of East Tennessee, was taken up and on motion
of Mr. Gillespy laid upon the table.
A resolution submitted on the 28th ultimo, by Mr. Murry ap-
pointing a committe of six, to take into consideration, the propri-
ety of dividing this State into Congressional districts under the
census ofiS30 was taken up and adopted.
The Speaker appointed Messrs.Murray,McIver, Frey, Ilolman,
Wyly and Brabson said committee.
Mr. Jetton submitted the following,
Resolved, By the General Assembly of the State of Tennessee,
That John Patterson and Richard Ranson be and they are hereby
appointed Justices of the Peace for the County of Williamson.—
And
Mr. Perkins the following,
Resolved, by the General Assembly of the State of Tennessee,
That John Black be and he is hereby appointed a justice of the
peace for the county of Warren. The rule being suspended, said
resolutions were adopted.
Ordered, That the clerk acquaint the House of Representatives
therewith and ask their concurrence therein.
Mr. Holtnan submitted the following,
56
Resolved, By the General Assembly of the State of Tennessee,
That Denton Plumlee be, and he is hereby appointed a justice of
the peace in capt. John Plumlee's company of militia for the coun-
ty of Jackson.
Agreeable to a rule of the Senate said resolution lies one day
on the table.
Mr. Wyly introduced
A bill relative to the registration of deeds and other purposes,
which was read the first time and passed.,
A bill to indemny such counties in this State as are deprived of a
part of their county revenue by the act of Assembly of Angust 14,
1822, and the compact entered into by the commissioners ap-
pointed by the provisions of said act, was taken up, and, on mo-
tion of Mr. M'Clellan, laid on the table.
Mr. Lytle submitted the following:
Resolved, That the committee on land claims be instructed to
inquire into the expediency of passing a law opening the com-
missioner's office for the adjudication of land claims, and. that they
have leave to report by bill or otherwise.
Mr, M'Clellan from the committee appointed to wait upon His
Excellency, the Governor, to inform him of his election, and to
make arrangements-for his inauguration, reported, that they had
performed their duty, and that 11 o'clock this morning had been
agreed upon for the meetingof the two branches of the General
Assembly, at which time the Speaker and gentlemen of the Senate
repaired to the Hall of the House of Representatives, where an
oath of office was administered to his Excellency, the Governor,
by the Hon. John Catron, one of the Judges of the Supreme Court
of this State.
And thereupon the Speaker and gentlemen of the Senate re-
turned to their own chamber.
A resolution appointing Justices of the Peace for the counties
of Warren and Hickman, was taken up, read and concurred
with.
Ordered, That the clerk acquaint the Houss of Representatives
thereweth.
And then the Senate adjourned until Monday Morning, 10
o'clock.
MONDAY MORNING, OCTOBER 3rd, 1831.
Mr Davis presented the return of the clerk of the circuit court
of Wayne county, shewing the amount of State tax collected by
him for the years 1829 and 1S30, which was referred, on motion
of Mr. Davis, to the committee on Finance.
57
A resolution submitted on Saturday last by Mr. Lytle, instruct-
ing the committee on land claims, to inquire into the propriety of
passing a law opening the commissioner's office for the adjudica-
tion of land claims, was taken up, read and adopted. And
A resolution submitted on Saturday last by Mr. Holman, ap-
pointing Denton Plumlee a Justice of the Peace for Jackson
county, was taken up, read and adopted.
Ordered, That the clerk acquaint the House of Representatives
therewith, and ask their concurrence therein.
A resolution from the House of Representatives proposing to
go into the election of a surveyor general for the 11th District,
and surveyors for the counties of Hamilton, Knox and Cocke,
was taken up, read and amended, on motion of Mr. Anderson, by
striking therefrom the word "Knox," and inserting, in lieu there-
of, the word "Anderson."
And the House of Representatives being informed of said a-
niendment, a message of concurrence was thereupon received.
The resolution, as amended, was then read and concurred with.
Ordered, That the clerk acquaint the House of Representatives
therewith.
A messsage from the House of Representatives by Mr. Campbell
their clerk.
MR. SPEAKER,
The Speaker of the House of Representatives did this day sign
an enrolled resolution, appointing Justices of the Peace for the
counties of Hickman, Jackson and Sumrier,and an enrolled reso-
lution appointing justices of the peace for the countyof Williamson
The Speaker o! the Senate signed said enrolled resolutions, and
ordered them to be deposited in the office of the Secretary of State.
The House of Representatives have adopted a resolution, that
the committees of the two Houses on Finance act jointly in their
settlements with the Treasurers of this State.
They have adopted a resolution appointing John Blair, jr. Jo-
seph Robertson, Richard H. TaliafFero, Jacob Teener, Josiah
Patty and Henry S. Purris, Justices of the Peace for the county
of Roane; Jesse Casev, William Cecil, Thomas S. Lea and Gar-
land Lively, Justices of the Peace for the county of Morgan, "wi
which they ask the concurrence of the Senate. And then.he with-
drew.
Said resolutions were concurred in by the Senate, and the citric
ordered to acquaint the House of Representatives therewith.
Mr. Greene introduced
A bill to incorporate a Board of Internal Improvement east of
the Cumberland mountain, and appropriating thirty thousand do!-
lars to the improving the navigation! of the Tennessee and Hoi-
ston rivers.
H
fi
Mr. Gillespy,
A bill concerning Justices of the Peace,
Mr. Frey,
A bill for the relief of Wilson Sanderlin and others. And
Mr. Perkins,
A bill to repeal the Supreme, Chancery and Circuit Courts.
Said bills were severally read the first lime and passed.
Mr. F ield iriiroduced
A bill for the relief of Joel L. Stone, which vtas read the first
time, and referred, on motion of Mr. Field, to the committee on
propositions and grievances
A bill to authorize the entry taker of Perry county, to keep his
office at his own house, and for other purposes. And
A bill to nuthouse William Martin to build a bridge across Col-
litis' river in Warren county, were severally read the third and last
time in both Houses, passed, and ordered to be enrolled.
Mr. Gillespy withdrew for amendment,
A bill concerning guardians.
Mr. Hoi man,
A bill to repeal an act entitled an act to explain and amend an
act entitled an act to regulate certain proceedings on executions,
and for other purposes, passed Nov. 27, 1829. And
Mr. Anderson,
A bill to repeal the law allowing fax fees to Attorneys.
Mr. Holman returned without amendment,
A bill to repeal an act entitled an act to explain and amend an
act entitled an act 10 regulate certain proceedings on executions,
and for other purposes, passed Nov. 27th, 1S29.
Said bill was withdrawn by Mr. Wyly for amendment.
•A message from the House of Representatives, by Mr. Camp-
bell, their clerk.
MR. SPEAKER,
The Mouse of Representatives concur in the Senate's resolution
appointing Justices of the Peace for "Williamson county.
The Speaker of the House of Representatives did this day sign
an enrolled resolution appointing Justices of the Peace for the
counties of Warren and Hickman. And then he withdrew.
Said enrolled resolution was signed by the Speaker of the Sen-
ate, and ordered to be deposited in the office of the Secretary of
S a'e.
Mr. Frpy introduced
A bill for the relief of William Boyles, which was referred, on
motion of Mr, Frey, to the committee on propositions and griev-
ances.
A bill for the benefit of Aaron Higginbotham, was, an motion
of Mr. Perkins, referred to the committee on internal improve-
merit.
*9
A bill more effectually to prevent frauds, was taken up On Its
second reading, read and rejected.
A bill to establish an additional Court Martial in the 4th Rrgi-
meat of Tennessee militia.
A bill to establish a separate battalion in the county of Hay*
wood, and for other purposes.
A bill to authorise Jeremiah Johnson to build a wing mill dam
on Frencli Broad river.
A bill to amend the stray laws.
A bill to inclose the milk Sick Hills, in White county.
A bill to incorporate Trenton Female Academy, in the county
of Gibson.
A bill to extend the time of making surveys south and west of
the Congressional reservation line, And
A bill for the benefit of the register ol Maury county, were sev.
erally read a second time and passed.
A hill to explain and amend the 7lh section chapter 10, of an
act entitled an act to prevent frauds in the execution of last Wilis
and Testaments, and for directing how deeds of gift and hills of
sale shall be executed, authenticated and perpetuated,"passed in
the year 17S4, was read and rejected.
A bill to amend the laws relative to the trial of slaves.
A bill to repeal the 4th section of an act passed the 1st of Janu-
ary 1830, entitled an act to amend an act for the bent fit of the
Bean Station Turnpike Road.
A bill giving further time for surveying emries, and obtaining
grants thereon.
A bill to amend an act entitled an act for the relief of Sheriffs,
parsed Nov. 6. 1811 And
A bill change the time of holding regimental musters in the
7Gth regiment of T. M. were severally read a third time and
passed.
A bill for ihe relief of John Key and Thomas White, of Ander-
son county, was read a second time, and referred, on motion of
Mr. Anderson, to the committee on propositions and grievances.
A bill to amend and explain an nci entitled an actmore effeclu-
ally to prohibit county officers from speculating rn county claims,
was taken upon its third reading, arid referred, on motion of Mr.
Gillespy, to the Judiciary committee.
Received from the House of Representatives
A bill for the relief of Fdmund Beari. a citizen of* Rhea coun-
A bill to amend an act entitled an act prescribing the mode of
conveying criminals to the .Public Jail and Penitentiary House,es-
tablished in this State, and for their government therein, passed
December 28th, 1829.
A bill to prevent Sheriffs and other ofilcera holding elections
60
from opening the tickets of voters before they are put in the bal-
lot box.
A bill providing for the entry of the forfeited lands in the Hi-
wassee District.
A bill to exempt the militia of the 58th regiment in the county
of Morgan from attending battalion musters.
A bill to amend the militia laws of this State.
A bill to divorce the persons therein named.
A bill to reduce the fees of county registers.
A bill to reduce the salaries of the Judges of the Supreme and
circuit courts.
A bill to establish the Montgomery rangers.
A bill for the benefit of James C. Davidson.
A bill requiring the entry taker of Bedford county to record
certain entries.
A bill for the benefit of William M'Coy.
A bill to extend the limits of the town of Jackson in the county
of Madison.
A bill for the benefit of John Overton. And
A bill for the benefit of Richard C. Napier, which were several*
ly read the first time and passed.
The Senate then adjourned until tomorrow morning, nine
o'clock.
TUESDAY MORNING, OCTOBER 4th, 1831.
Mr. Brabson presented the memorial of a number of citizens
of Claiborne county in behalf of Wesley Simmons, Isham Sim-
moms and others,which was referred, on motion of Mr. Brabson,to
the committee on propositioms'and grievances.
Mr. Davis presented the petition of William Ethbridge, praying
to be divorced from his wife Lucy Ann Tennessee Flake, which,
with its accompanying documents,were referred, on motion of
Mr. Davis, to the committee on divorces.
Mr. Murray presented the petitions of a number of citizens of
Humphreys county, praying llie appointment of certain iridividu-
als of said county to the office of Justices of the Peace, which
were, on motion of Mr. Murray, referred to the committee on mil*
itia companies and Justices of the Peace.
Mr. Gillespy, from the committee on the Judiciary, returned
witli an amendment.
A bill on its third and last reading, for the relief of Elizabeth
Young, administratrix of Win.-Young, deceased, said amendment
was received, and the clerk ordered to acquaint the House of
Representatives therewith, and ask their concurrence therein.
61
Mr. M'lver, from the committee on propositions and grievances,
reported as reasonable,
A bill for the relief of Joel L. Stone.
Mr. Gillespy otFered an amendment thereto, providing for the
relief of Nathaniel Ragan, which was received. The bill as
amended was read the first time and passed.
Mr. Murray introduced
A bill to al'er the time of holding the county courts of Dyer
and Obion counties, and for other purposes.
Mr. Bradford,
A bill to repeal part of an act entitled an act to reform and
amend the penal laws of the State of Tennessee, passed the 9th
December, IS29.
Mr. Anderson,
A bill to amend and explain the law concerning elections.
Mr. Greene,
A bill to secure and provide for the collection of the legitimate
revenue of this State.
And Mr. Burford,
A bill to provide for the payment of the members, clerks and
doorkeepers of the present General Assembly, and to reduce the
pay of the Judges of the supreme, chancery and circuit courts.
Said bills were severally read the first time and passed.
Mr. Bradford submitted the following:
Resolved, That the Treasurer report the different items of ex-
penditure, separately included in the aggregate sum of $39,226
42 cents, stated in his report of the 30lh of September last, and
that he report also the precise amount separately of each of said
items of expenditure.
On motion of Mr. Murray, the Senate took up
A bill to indemnify such counties in this State as are deprived
of a part of their revenue by act of Assembly of the 14th August,
1S22, and the compact entered into betvveeen the commission-
ers appointed by the provisions of said act.
Said bill was read, and, on motion of Mr. Murray, referred to
a select oommittee.
The Speaker appointed Mr. Murray, Mr. Bradford, Mr. M'lver
and Mr. Greene, said committee.
A bill for the relief of John R. Charter, was referred, on motion
of Mr. Davis, to the committee on propositions and grievances.
A message from the House of Representatives by Mr. Camp-
bell their clerk.
MR. SPEAKER,
The Speaker of the House of Representatives
did this day sign an enrolled resolution appointing Justices of the
Peace for the counties of Roane and Morgan.
63
They have received, read and accepted, the resignation of Judge
Catron, herewith transmitted.
The House of Representatives concur with the Senate's reso-
lution appointing John Black a Justice of the Peace for the coun-'
ty of Warren. They have adopted aresolution rescinding the re-
solution providing for the election of a surveyor for Cocke county,
on this day, to which they ask your concurrence. And then he
withdrew.
Said resolution was concurred in by the Senate, and the clerk
ordered to acquaint the House of Representatives therewith.
On motion of Mr. Polk, the resignation of the Hon. John Cat-
ron, one of the Judges of the Supreme Court of Errors and Ap-
peals, was taken up, read and accepted.
The Speaker of the Senate signed an enrolled resolution from
the House of Representatives, appointing Justices of the Peace,
for the counties of.Roane and Morgan, and ordered them to be de-<
posited in the office of the Secretary of State.
A message from the House of Representatives, by Mr. Camp-
bell, their clerk.
MR. SPEAKER.
The House of Representative concur in the
amendment proposed by the Senate to "A bill for the relief of
Elizabeth Young, administratrix of William Young, dee'd. Said
bill as amended was then read a third and last time in both bous-
es, passed and ordered to be enrolled,
1 am directed to inform the Senate that the House of Repre-
sentatives are now ready to go into the several elections set apart
for this day. And then he withdrew.
Wherupon
The Speaker and gentlemen of the Senate repaired to the Hall
of the House of Representatives, and thereupon the two Houses
proceed by joint ballot to the election of a Public Printer, and on
collecting and counting out the ballots it appeared that Allen A.
Hall, of the town of Nashville, and Frederic S. Heiskell, of the
the town of Knoxville were jointly and duly elected.
The two houses next proceeded to the election of a Surveyor
General for the eleventh Surveyors district, and upon collecting
and counting out the ballots it appeared that Edmund W. Tipton
was duly and constitutionally elected surveyor of the eleventh
disiict. The two houses next proceeded to the election of a Sur-
veyor for the county of Anderson, and upon collecting and coun-
ting the ballots, Wyley C. Young was duly elected Surveyor for
said county. The two houses next proceeded by joint ballot to
the election of a Surveyor for the county of Hamilton, and upon
collecting and counting out the ballots Benjamin B. Cannon was
duly elected Surveyor for said county.
63
And thereupon the Speaker and gentlemen of the Senate, on
motion of Mr. Bradford returned to their own chamber.
And then the Senate adjourned.
WEDNESDAY MORNING, 5th OCTOBER, 1831.
Mr. Murray presented the petition of John Standford and Stan-
ly Mitchell, signed by numerous citizens of Weakly county, ask-
ing a preemption and leave to build a mill on the middle fork of
Obion river, which was referred on motion of Mr. Murry to the
committee on Land claims.
Mr.MMver presented the returns of the clerk of the circuit court
of Hardeman county, shewing the amount of taxes collected by
him for the years 1829 and 1830, which was on motion of Mr. Mc-
Iver refered to the committee on Finance.
Mr. Gillespy presented the petition of Nancy Banty praying to
be divorced from her husband Peter Banty, and also a letter to
him on that subject from the said Nancy Banty, which were read
and refered on motion of Mr.Gillespy to the committee on divorces.
Mr. Polk Irom the committee of enrolments, reported as cor-
rectly enrolled "A resolution directory to the President and Di-
rectors of the Bank of the State of Tennessee." A resolution
appointing a Justice of the peace for the county of Warren—And
an enrolled act for the relief of Elizabeth Young, administratrix of
William Young, deceased.
The Speaker of the Senate signed said enrolled Resolutions and
Bill, and ordered them to be transmitted to the House of Repre-
sentatives.
A resolution submitted on yesterday by Mr. Bradford, requiring
the Treasurer to report the different items of expenditures,separa-
trly included in the aggregate sum of $39,226 42 cents, stated iu
his report of the 30th of Sept., and-requires him to report also
the precise, amounts separately of each of said items of expendi-
tures, was taken up, read and adopted.
Mr. Greene from the committee on Internal Improvement to
whom was referred"A bill to amend an act authorizing-John Brown
to open and keep up a turnpike road, passed the 9th day of Jan-
uary 1830; reported that, the committee have had the same under
consideration, consider its provisions reasonable and recommend
its passage with the following amendments, (to wit.) "strike out
thirty seven and a half cents for the United States mail stage, and
insert twenty-five cents,"and for foot passengers strike out six and
a quarter cents, said report was concurred in the Senate, the a-
mendments made and the bill read as amended a second time and
passed.
6%
Mr. Greene from the same, to whom was referred "A bill for
benefit of Aaron Iligginbotham, reported that the committee have
had the same under consideration, consider its provisions rea-
sonable, and advise its passage, with an amendment allowing him
fifty years rights to said Turnpike road, instead of 25 as now provi-
ded in said bill. The Senate refused to extend the time from 25
to 50 years but concurred with the balance of said report—the bill
was then read a third and last time in both houses, passed and or-
derecf to be enrolled.
Mr. Greene from the same, to whom was referred a resolution
instructing said committee to enquire into the expediency of ap-
propriating a portion of the funds allotted to East Tennessee for
the improving the navigation of Tennessee River from the foot
of the boiling pot to Knoxville, and of placing the same in the
hands of the board of Internal Improvement, reported that the
committee had examined the provisions of the same, consider
them reasonable, and had instructed him to report a bill setting
apart and appriating $30,000 to said object.
Mr. Greene from the same to whom was referred a resolution
instructing them to enquire into the expediency of establishing a
a separate and independent board of Internal Improvement for
East Tennessee, reported that the committee have also had
the same under consideration, think the proposition fair, and had
instructed.him to report a bill for that object.
Mr. Greene from the same, to whom was referred "A bill to
amend the laws of this State on the subject of public roads" re-
ported that the committee have had the same under consid-
eration, think its provisions unreasonable, and advise its rejec-
tion. Mr. Holman moved a nonconcurrence with the report; and
thereupon the question was submitted "Will the Senate noneon-
cur with said report" and determined in the negative,—Ayes 9—
Noes 11. The Ayes and Noes being constitutionally demanded by
Mr Gillespy.
Those who voted in the affirmative are,
Messrs. Anderson, Brabson, Burford, Field, Frey, Gillespy,
Holman, M'Clellan, Wyly 9.
Those who voted in the negative are,
Messrs. Speaker, Andrews, Bradford, Davis, Greene, Jetton,
Lytic, M'lver, Murray,Perkins, Polk 11.
And so said motion was overruled,
Mr. Jetton then moved a concurrence with the report of the
committee in relation to the 1st. section of said bill. And the
question thereupon being had,"Will the Senate concur?" itwas de-
termined in the affirmative—Ayes 18, Noes 2.
The Ayes and Noes being constitutionally demanded by Mr.
Holman,
Those who voted in the affirmative are,
65
Mr. Speaker, Andrews, Brabson, Bradford, Burford, Davis, Field
Frev, Gillespy, Greene, Jetton, Lvtle, M'Clellan, M'lver, Murray,
Perkins, Polk and Wyly, 18.
Those who voted in the negative are,
Mr. Anderson, Ilolman, 2.
And so said first section was rejected.
The bill was then read as amended a second time and passed,
A bill to amend an act entitldd an act providing the mode of
conveying criminals to the Public Jail and Penitentiary house of
this State and for their government therein, passed December 28,
1829, was taken up, read and amended by Mr. Burford; the bill
was then read a second time as amended, and passed.
Mr. M'lver introduced
A bill to incorporate Clinton Lodge in the town of Bolivar.
Mr. Murray,
A hill to amend an act entitled an act to establish a board of In-
ternal improvement, and set apurt <$150,000 to be appropriated to the
improvement of the navigable rivers, and other objects of internal
improvement in this State.
Mr. Bradford,
A bill to repeal all laws authorizing the Treasurer to sell orrent
the lands laid oiffor the use of schools in this State, and for other
purposes.
And Mr. Ilolman,
A bill to authorise appeals in cases of fines for contempt.
Said bills were severally read a first time and passed.
Mr. Wyly returned with an amendment in lieu of the whole,
A bill to repeal an act entitled an act to explain and amend an
act entitled an act to regulate certain proceedings on executions,
and for other purposes, passed Nov. 27, 1829
Said bill and amendment were, on motion of Mr. M'lver, refer-
red to the committee on the Judiciary.
On motion of Mr. Greene, it was ordered that the order made
on Friday last, to print two thousand copies of the report of the
Treasurer of Middle Tennessee, made on that day, be re-
scinded.
Mr. Anderson returned with an amendment in lieu of the
whole,
A bill to repeal the law allowing tax fees to attornies, and for
other purposes.
Mr. Bradford moved to strike out all but the first, second and
third sections of said amendment. And the question thereupon
being had, "Will the" Senate strike out?" it was determined in the
negative—Ayes 5, Noes 15.
The Ayes and Noes being demanded,
Those who voted in the affirmative are,
Mr. Andrews, Bradford, Davis Frey, and Jetton—5.
66
These who voted in the negative are,
Mr. Speaker, Anderson, Brabson, Burford, Field, Gillespy,
Greene, Holman, Lytle, M'Clellan,M'lver,Murray,Perkins, Polk,
and Wyly, 15.
And so said amendment was not made.
The question then recurred upon the amendment offered by
Mr. Anderson, in lieu of the whole bill; and being put, it was
determined in the negative—Ayes 5, Noes 15.
The Ayes and Noes being demanded,
Those who voted in the affirmative are,
Mr. Anderson, Brabson, Davis, Holman, Lytle—5.
The negative votes were,
Mr. Speaker, Andrews, Bradford, Burford, Field, Frey, Gilles-
py, Greene, Jetton, M'Clellan, M'lver, Murray, Perkins, Polk,
and Wyly, 15.
And so said amendment was rejected.
The bill was then put upon its passage, and on the question,
"Shall the bill pass?" it was determined in the affirmative—Ayes
16, Noes 4.
The Ayes and Noes being demanded,
Those who voted in the affirmative are,
Mr. Speaker, Anderson, Andrews, Bradford, Burford, Field,
Gillespy, Greene, Holman, Jetton, M'Clellan, M'lver, Murray,
Perkins, Polk, Wyly, 16.
The negative voters are,
Mr. Brabson, Davis, Frey, Lytle—4.
And so said bill passed its second reading.
Mr. Bradford submitted the following:
Resolved, That the door keeper be authorised to have put up
in a suitable manner a stove in the Senate chamber, and that he
furnish the committee on contingent expenses with a bill of the
cost. And the rule being suspended,
On motion of Mr. Bradford, said resolution was adopted.
Mr. Gillespy presented the following report from Thomas
Crutcher, Treasurer of Middle Tennessee.
Nashville, Oct. 4, 1831.
Agreeably to a resolution of tbe General Assembly of the State
of Tennessee, passed the 26th day of September, and this day
received by (me) beg leave to report,
That at the close of the session of 1827,
There remained in the bands of the Treasurer, $36,041 28
The amount of expense of that session, 31,75i 55
Leaving a balance of 4,289 73
That at the close of the session 1829 & 1830, there
appeared in the hands of the Treasurer on a set-
tlement with the committee on Finance for the
67
revenue of 1827 and 1828, the sum of $57,467 40
The amount of expense of that session at the close, 39,226 42
18,240 98
kell, ~ 1,621 84
Witnesses in the trial trial of Judges Williams & Has
16,619 14
Leaving a balance in the hands of the Treasurer, of
sixteen thousand six hundred and nineteen dol-
lars, and fourteen cents. Respectfully submitted
and errors excepted, by
THOMAS CRUTCHER, Treasurer.
And then the Senate adjourned.
THURSDAY MORNING, OCTOBER 6, 1831.
Mr. Bradford from the committee on public printing, to whom
was referred "A bill concerning the distribution of Haywood and
Cobb's Revisal," reported that the committee have had the said
bill under consideration, proposed no change thereto, and had in-
structed him to ask leave to be discharged from the further con-
sideration thereof.
Mr. Bradford moved to fill the blank in said bill with two dol-
lars and fifty cents, which motion was lost.
Mr. Burford then moved to fill the said blank with the sum of
three dollars. And the question thereon being had, it was deter-
mined in the affirmative—Ayes 13, Noes 6.
The Ayes and Noes being constitutionally demanded by Mr.
Murray,
Those who voted in the affirmative are,
Mr. Speaker, Douglass, Brabson, Bradford, Burford, Davis,
Field, Frey, Greene, Jetton, M'Clellan, M'Der, Perkins, Polk, Wy-
ly—14.
Those who voted in the negative are,
Mr. Anderson, Andrews, Gillespy, Holman, Lytle, Murray, 6.
And so said motion prevailed.
Mr. Burford offered an additional section as an amendment to
said bill, making it the duty of each and every Justice of the
Peace, upon receiving a copy of Haywood and Cobb's revisal, to
execute a bond payable to the chairman of their respective county
courts and their successors in office—conditioned that they return
said book to the clerk on their removal, death or resignation.
Mr. Greene offered the following in lieu of the amendment offer-
ed by Mr. Burford, that each Justice of the Peace on the recep-
68
tion of a copy of Haywood and Cobb's revisal, as provided for by
the act of 1827, shall execute his receipt to the clerk of the^coun-
ty court wherein such Justice resides, and shall, on his resigna-
tion, removal or death, return the same as required by the act
above referred to.
And the question thereupon being had, it was determined in the
affirmative—Ayes 14, Noes 6.
The Ayes and Noes being demanded,
Those who voted in the affirmative are,
Mr. Speaker, Andrews, Bradford, Davis, Frey, Greene, Jetton,
Lytle, M'Clellan, lM'Iver, Murray, Perkins, Polk, Wyly—14.
Those who voted in the negative are,
Mr. Anderson, Brabson, Burford, Field, Gillespy, IJolman—6.
And so said amendment was received.
The bill was then read as amended a second time and passed.
Mr. Greene presented the memorial of John Blair, James John-
ston and William Tunnell, citizens of Roane county, which was
read and referred, on motion of Mr. Greene to the committee on
Indian reservations.
Mr. Polk from the committee of enrollments, reported as cor-
rectly enrolled, "An act for the benefit of Aaron Higginbotham.
The Speaker of the Senate signed said enrolled act, and ordered
it to be transmitted to the House of Representatives.
Mr. Frey submitted the following:
Resolved, That a select committee consisting of five members,
be appointed to inquire into the propriety of passing a law at the
present session, making provision for taking the enumeration of
the free male inhabitants in this State, and that they have leave to
report by bill or otherwise.
Mr, Bradford, the following:
Whereas one of the Judges of the Supreme court in a letter
of resignation to this General Assembly, has made suggestions of
what he considers tp be the cause of the great delay which is said
to exist in the trial ofvcauses in said court at Nashville, unfavora-
bleto his associates; knd whereas, upon a subject of such delica-
cy and importance, it is desirable and right, that the opinion of
the remaining Judges, in relation to this matter, should also be ex-
pressed, that the Legislature may be enabled to adopt such a
course of measures, as will obviate the evils, if it shall appear that
such do exist. Therefore,
Resolved, That the Honorabl Jacob Peck, and the Hon. Robert
Whyte, be furnished with a copy of the letter of resignation of the
Hon. John Catron, with a request that they state to this General
Assembly, if great delay does exist in the administration of Jus-
tice in the Supreme court at Nashville, and the causes thereof.
!^nd
Mr. Greene, the following:
69
Resolved, That a select committee be appointed, to consist of
five, to be denominated the committee on forfeited lands, in the
II iwassee District.
On motton of Mr. Burford,
Ordtrtrly That Mr. M'Clellan and Mr. Wylybe added to the se-
lect committee.
()n a bill to equalize the tax on merchants.
The Senate took up, on its third and last reading in both Hotl-
ses,
A bill to amend an act entitled an act prescribing the mode of
conveying criminals to the Public Jail and Penitentiary Housed
established in this State, and for their government therein, passed
December 2Mb, 1S29.
Mr. M'Clellan offered an amendment thereto, allowing sheriffs
or other officers conveying criminals to said Penitentiary, two
d illars and fifty cents for every twenty-five miles' travel, instead
of two d ill ir*, as now provided for in said bill.
Said amendment was received, and the bill being further amend-
cd, it was ordered that the clerk acquaint the House of Repre-
sentatives therewith, and ask their concurrence therein.
A hill for the relief of Elizabeth Casey of Rhea county, was, on
motion of Mr. Murray, ordered to lie on the table.
A bill relative to the registration of deeds, and other papers,
was withdrawn, by Mr. M'Clellan, for amendment.
Mr Cillespy withdrew7 for amendment
A bill to compel constables to pav a poll tax.
Mr. Ilol man withdrew and returned with an amendment,
A hill to reduce the fees on marriage license.
The amendment was rejected, the bill read the first time and
passed.
Received from the House of Representatives,
A bill for the benefit of \Ym. Motherhead.
A bill to authorise the construction of a bridge across Cumber-
land river at Nashville, above the mouth of Broad street.
A hill authorizing imprisonment for misdemeanors in certain
cases.
A hill repealing all laws taxing suits at law and equity. And
A bill to incorporate the town of Lagrange in the county of Fay-
ette.
Said hills were severally read a first time and passed.
Mr. Wyly introduced
A bill to authorise Justices* of the Peace to take bail in certain
cases.
Mr. Hilkspy,
A bill to regulate the academies in this State.
Mr. Anderson,
A bill to amend an act passed the 13th day of January 1830, en-
70
titled an act to prescribe the manner of holding elections to elect
members of the Genera] Assembly, members of Congress and elec-
tors, to elect a President and Vice President of the United States.
Mr. Hoi man
A bill to prevent the bringing of law suits and for the benefit of
defendants.
And Mr. Mclver,
A bill to authorize the Sheriff of Hardeman county to pay over
certain monies—all of which were severally read the first time
and passed.
Mr. Anderson withdrew for amendment,
A bill concerning guardians.
Received from the House of Representatives,
A bill to encourage the raising of good horses, which was read
a first time and rejected.
A bill to provide for the payment of the members, clerks and
door keepers, of the present General Assembly, and to reduce the
salaries of the Judges of the Supreme, Chancery and Circuit
courts, was on motion of Mr. Burford ordered to lie on the table.
A bill for the relief of the Surveyor general of the 13th District
in this State, was read a 2nd time and passed.
Mr. Bradford introduced
A bill to do away jury trials in county courts. And
Mr. Murray,
A bill to authorize the Register of Carroll county to keep his
office at his own house. Said bills were severally read a first
time and passed.
The Senate then adjourned.
FRIDAY MORNING, OCTOBER 7, 1830.
Mr. McClellan presented the petition of William Hartman, Jail-
er of Sullivan county, accompanied with said Hartman's account
for keeping William Crutchfield, which were refered on motion
of Mr.McClellan, to the committee on claims.
Mr. Davis presented the petition of Mitchell & Banks, praying
to be released from the payment of a part of the Stale tax on their
merchants license, which was referred on motion of Mr. Davis to
the committee on propositions and grievances.
Mr. Andrews presented the petition of a number of citizens of
Henderson county, praying that David Wilson be appointed a jus-
tic.e of the peace, for said county, which was refered on motion
of Mr. Andrews to the committee on militia companies and jus-
tices of the peace.
Mr. Gillespy from the Judiciary committee reported,
*1
A bill to compensate justices ofthe peace for the services therein
named. Said bill was read a first time and passed.
Mr. Gillespy from the same to whom was refered,
A bill for the benefit of securities, reported that the committee
have had the same under consideration, consider its provisions
unreasonable and had instructed him to advise its rejection—said
report was concurred with, and the bill accordingly rejected.
Mr. Gillespy from the same to whom was refered,
A bill to increase the jurisdiction of justices of the peace, to
pay them for their services and for other purposes, reported that
the committee have had the same under consideration, believe
some of its provisions unreasonable and had instructed him to ad-
vise the rejection of the 1st, 2d, 3d, 4th and 6th sections of said
bill, and also apart of the 5th section thereof,
Whereupon the question was had,"Will the Senate concur with
the report of the committee in relation to the 1st section of said
bill," and determined in the affirmative,—Ayes 15—Noes 5.
The Ayes and noes being demanded constitutionally by Mr.
Burford. Those who voted in the affirmative are,
Mr. Speaker, Anderson, Brabson, Davis, Field, Frey, Gillespy,
Greene, Jetton, Lytle, Mclver, Murray, Perkins, Polk, Wyly 15.
Those who voted in the negative are,
Mr. Andrews, Bradford, Burford, Holman, McClellan—5.
And so said report was concurred with, and the said first section
of said bill stricken therefrom, the 2d, 3d, 4th and 6th sections
thereof was then read, and the question of concurrence, being put
upon each section separately, the report of the committee was
concurred in and said several sections stricken therefrom.
Mr. Gillespy moved a nonconcurrence with the committee in
relation to the 5th section ofthe bill, which motion prevailed.
Mr. Dolman moved to alter the caption of said bill so as to
read thus "A bill to pay justices of the peace for their services in
certain cases," which motion prevailed.
Mr. Mclver moved to strike out so much of said bill as allows
justices of the peace twelve and one half cents for issuing a war-
rant. Said motion prevailed.
The bill as amended was then read, and the question thereon
being taken, shall the bill pass," it was deteremined in the affir-
mative—Ayes 11—Noes 7.
The Ayes and Noes being constitutionally demanded those who
voted in the affirmative are,
Mr. Andrews, Brabson, Davis, Field, Gillespy, Holman, Lytle,
M'CIellan, M'lver, Murray and Wyly—11.
Those who voted in the negative are,
Mr. Speaker,Anderson, Bradford, Burford,Frey, Jetton, Polk—7.
And so said bill passed its second reading.
72
Mr. Gillespy from the Judiciary committee to whom was refer-
ed,
A bill to amend and explain an act entitled an act more effectu-
ully to prohibit county officers from speculating in county claims,
Reported that the committee have had the same under considera-
tion, think its provisions unreasonable and advise its rejection.
Said bill and report was on motion of Mr. Gillespy ordered to
lie on the table.
A resolution submitted on yesterday by Mr. Greene proposing
to appoint a committee of five to be denominated the committee
on forfeited lands in the Hivvassee district, was taken up, read
and adopted.
The Speaker appointed Messrs. Greene, McClellan, Perkins,
Holman, Bradford:
A resolution submitted on yesterday by Mr. Frey, proposing to
appoint a select committee of five to enquire into the expediency
of passing a law at the present session, making provision for ta-
king the enumeration of the free male inhabitants in this State
with leave to report by bill or otherwise, was taken up, read and
adopted.
The Speaker appointed Mr. Frey, Mr. Polk, Mr. Brabson, Mr.
Anderson and Mr. Murray.
A resolution submitted on yesterday by Mr. Bradford, directory
to the Honorable Jacob Peck, and the Honorable Robert Whyte,
Judges of the Supreme Court of Errors and Appeals was taken
up and read. Mr. Holman offered the following as an amendment
thereto.
Resolved, That the Honorable Robert Whyte and the Honorable
Jacob Peck, be furnished with a copy of the letter of resignation
of the Honorable John Catron, with a request that they tender
their resignations to this General Assembly, containing a state-
mentof the causes of delay (if such exist) in the administration
of justice in the Supreme Court at Nashville.
Mr. Burford moved the indefinite postponement of said resolu-
tion and amendment, which motion was sustained.
And then the Senate adjourned until tomorrow morning 9 o'clock.
SATURDAY MORNING, OCTOBER 8, 1831.
Mr. Frey presented the following reports from Thomas Crutch-
er, Esq. Treasurer of Middle Tennessee.
Nashville, Gth October, 1831.
Agreeably to a resolution adopted in Senate the 27th Septem-
ber, 1831;
The Treasurer begs leave to report, that he has no way by
which he can obtain the information required, as no part of the'
money was made payable to him, neither from the entries made
or taxes laid on the lands, has had neither the receiving of the
money, nor the disbursement thereof. '
Very respectfully, your obedient servant,
THOMAS CRUTCHER, Treasurer.
Nashville, 5th October, 183L.
Agreeably to a resolution of this date, requiring the different
items of expenditures of the session of 1829 and 1830, beg leave
to offer the following report:
Amount paid Senators, 1829 & 1830.
Joel Walker, Speaker, $596 00
Jared S. Allen, 496 00
Davhl Burford, 480 00
James Campbell, 491.20
Newton Cannon, 472 32
Martin Cleveland, 537 60
Henry Frev, 471 36
John F. Gillespy, 521 60
Ceorge Graves, 528 00
James I. Greene, 520 00
Isaac Holman,
Adam Huntsman,
Joseph Johnson,
Edward B. Littlefield,
William Lytle,
John D. Love,
Abram M'Clellan,
Samuel G. Smith,
John Tipton,
Jonathan Webster,
$488 00
512 00
473 28
479 38
464 00
500 48
564, 80
488 00
562 88
481 60
Total, $10,128 48
Paid members of the House of. Representatives.
Ephraim H. Foster, $464 00
Isaac Allen, 546 00
Dixon Allen, 480 00
John W. M. Brazeale, 515 20
William Brady, 474 56
William B. Carter, 569 60
Richard Cheatham, 4J2 00
William Davis, 488 00
James Dobbins, 476 80
Burchet Douglass, 474 24
Richard G. Dunlap, 529 92
Warham Easley, 540 80
Robert C. Foster, ' • 469 76
James Gillespy, 529 92
Berry Gillespy, 497 60
Bolin Gordon, 480 00
Thomas R. Gordon, 484 80
James Gray, 494 40
J
Andrew L. Martin, 598 00
John M'Farland, - 546 24
John M'Gaughey, 556 32
John Miller, 515 40
Samuel Mitchell, 480 00
Cleon Moore, 551 04
John Nelson, . 560 00
Robert Nevins-, 498 00-
Archibald W. Overton, 480 00
William E. Owen, 469 76
James B. Perkins, 488 00
James Robertson, 499 20
David Rogers, 544 00
Jonathan Tipton, 581 60
Samuel Turnev, 496 00
Hopkins L. Turney, 491 20
Miles Vernon, 511 52
Charles Watkins, 471 04
Tit
Fred. W. Huling,
Wm. M. Inge,
480 00 Roger Barton,
488 00 Hugh W. Dunlap,
Am't fron'i the Senate,
521 eo
497 60
^0,160 12
10,128 48
$30,285 60
William K. Hill, prinwpal clerk of the Senate, $696
William Martin, assistant, do. do. 696
Thomas J. Campbell, principal clerk H. Representatives, 696
do.
Edmond W. Tipton, assistant, do.
Cornelius Slater, doorkeeper Senate,
James M'Dowell, principal doorkeeper H. of R's,
Joseph Hickey, assistant, do. do.
696
464
464
464"
Judge Williams1 trial,
Judge Haskell,
Paid Ric'd C.Napier, $106 00
Wm. Garner, 35 87£
Crockett & Park, 146 97
Jesse L. Smith, 22 00
Atkins & Hendon, 11 25
Thomas J. Foster, 240 00
John S. Simpson, 569 32
Alien A. Hull, 652 33
Robertson & Elliott, 837 874
J. llVey Lanklio, 100 00
Joel \Y alktr, 3 38
Wm. M. Berryhill,
Jacob P. Chase,
James A. Whiteside,
Wm. K. Hill,
Cornelius Slater,
Ben. F. Herndon,
Joel H. Webster,
James M'Dowell,
Daniel Graham,
Gideon J. Pillow,
John Austin,
amount,
$4,176 00
30,288 60
,464 60
1,253 62
368 22
$36,086 44
$200 00
300 00
425 00
120 00
30 00
200 00
150 00
72 50
293 00
100 00
146 32
4,761 81
30,086 44
$40,848 25
.£. E. by
THOMAS CRIJTCHER.
Said report was rend at the clerk's table, and, on motion of Mr.
Froy, ordered to lie on the table.
76
Mr. Lytle presented a communication from the President and
Directors of the Bank of the State of Tennessee, made in obedi-
ence to a resolution adopted in Senate on the 26th September
last. Wuioh was read at the clerk's table, and referred, on, mo-
tion of Mr, Bui ford, to the committee on Banks.
A message from the House of Representatives by Mr; Campbell
their clerk.
MR. SPEAKER, .
The Speaker of the House of Representatives did this day sign
an enrolled act entitled an act to change the time of holding the
regimental muster in the 78th regiment of Tennessee militia.
Th«*v concur with the Senate's resolution directory to thfc .Board
ot Trustees of the' Nashville University and of East Tennessee
College.
They have accepted the resignation of William Fitzgerald; At-
torney General for the 16th Solicitorial District. And have adopt-
cd a resolution appointing William Williamson and Hugh W.
Robertson, Justices of the Peace for the county of Wilson, in,
which they usk the concurrence of the Senate. And then.he
withdrew. .
Trie Senate concurred with said resolution, and ordered the
clerk to acquaint the House of Representatives therewith.
The resignation of Wip. Fitzgerald was read and accepted.
On motion of Mr Anderson,
The Senate took up and read
A bill providing for the distribution of Haywood and Cobb's
revisal.
Mr. Davis moved to strike from said bill, that part allowing a"
copy of said revisal to the University at Nashville, and to Wash-
ington and Greeneville colleges.
And the question thereupon being had, it was determined in the
negative—Ayes 7,Noe9 12.
The Ayes and Noes being constitutionally demanded by Mr.
Bradford, . •
Those who voted in the affirmative are,
Mr. Bradford, Davis, Frey, Holmnn, Jetton, M'lver, Perkins,
Those who voted in the negative are,'
Mr. Speaker, Anderson,-Andrews, Brabsop, Burford, Field, G»l-
lespy, G'eenp, Ry'le, M'Ciellao, iVik, Wyly—Hy.
Aid so "mid morion was lost.
Said bill was then read a third and lust timb in ho-b Houses,
passed, and ordered to be enrolled.
a message from the House of Representatives'by Me. Campbell
their cleric.
MR. SPEAKER,
The House of Representatives non-concur in the several amend-
meats proposed by the Senate tcr
76
A bill to amend an act, entitled an act to prescribe the mode of
carrying criminals t© the public jail and penitentiary house estab-
lished in this State, and for their government therein, passed De-
cember 28th, 1829. And then be withdrew.
The Senate receded from said amendments—
Mr. Greene proposed an amendment thereto, making it the du-
ty of the Treasurer to pay to the Sheriff or other officer, convey-
ing convicts to said Penitentiary, all sums by him paid as ferriages
and tolls, for himself and guards.
Said amendment was received and the clerk ordered to ac-
quaint the House of Representatives therewith.
Mr.. McClellan returned'with an amendment,
A bill relative to the registration of Deeds, and for other pur-
poses.
Said amendment was received, and the bill referred on motion
of Mr. Wyly to the Judiciary committee.
Received from the House of Representatives
A bill to incorporate the subscribers to the Bank of the State
of Tennessee; Mr. Gillespy offered an amendment to the 8th
section thereof, which was received. The bill as amended was
read the first time and passed.
A bill to reduce the fees of county Registers, was taken up read
and rejected.
A bill to repeal part of an act entitled an act to reform and
amend the penal laws of this State, passed the 9th of December,
1829, was taken up on its 2d reading. Mr. Gillespy moved to
amend that part of said bill which provides "that the commission
of the 2d and 3d offences mentioned in the fifty-fifth section of
said act, shall not subject the offender or offenders to penitentia-
ry confinement,but to punish them according to the laws in force
and use, previous to the passage of the above recited act," by in-
sertingthe word "hereafter" immediately after the word "that"
and preceding the words "the commission," so as to prevent its
operating in favour of those already guilty of the commission of
said offences; and thereupon the question was had, "Will the
Senate receive said amendment," and determined in the affirma-
tive. Ayes 11—Noes 7.
The ayes and noes being constitutionally demanded by Mr. Gil-
lespy. Those who voted in the affirmative are,
Mr. Brabson, Burford, Davis, Field, Frev, Gillespy, Greene,
Holman, Lytle, McClellan, and Polk—11.
Those who voted in the negative are,
Mr. Speaker, Andrews, Bradford,3 Jetton, Mclver, Perkins,
Wyly—7.
And so said amendment was received,
Mr. Jetton offered an additional amendment thereto, which to-
77
gether with said bill was refered on motion of Mr. Wyly to the
committee on the Penitentiary.
A bill for the relief of Elizabeth Casey, of Rhea county, was on
motion of Mr. Greene referred to the committee on forfeited lands
in the Hitvassee district.
Mr. Gillespy submitted the following,
Resolved, That the committee on education be instructed to as-
certain and report to the Senate the amount of money in the bank
of the State af Tennessee, or its Agencies, to which each of the
Academies in the several counties are entitled.
Mr. Perkins introduced
A bill to authorize the person therein named to retail a small
amount of merchandize free of tax.
Mr. Wyly
A bill to amend an act entitled an act for the relief of Exec®4
tors or Administrators, passed December, 1829.
Mr. Gillespy
A bill to facilitate the transaction.of public business in the Le-
gislature of this State.
Mr. Greene
A bill to authorize Alexander Duggan to open and keep up a
turnpike road.
Mr. Bradford
A bill to repeal an act entitled an act, to settlethe controversy
between the colleges and Academies, and the citizens South of
French Broad and Holston and West Of Big Pigeon rivers, pas-
sed the 3tst of December, 1829. Arid
Mr. Gillespy
A bill for the benefit of Robert Cowan.
Said bills were severally read a first time and passed.
A bill requiring the entry taker of Bedford county to record cer*
tain entries. *
A bill tb establish the Montgomery Rangers.
A bill to alter the time of holding the county courts of the coun-
ties of Obion and Dyer, and for other purposes. And
A bill to secure and provide for the collection of the legitimate
revenue of the state,were severally read the 2nd time and passed.
Received from the House of Representatives.
A bill to incorporate the town of Denmark, in the county of
Madison, which was read a first time and passsed.
SUNDAY MORNING, 9th OCTOBER, 1831.
At a special meeting of the Senate convened by order of the
Speaker,
A message was received from the House of Representatives by
?5
Mr. Campbell their clerk, announcing the death of the Itonora-
ble John Tipton, Representative from the county of Washington,
and requesting the Senate to meet them in their Hall this evening
at half past two o'clock, for the purpose of making such arrange-
incuts as the occasion might require.
Whereupon, the following resolutions were offered by Mr.
Greene and adopted.
Resolved, That the Senate will in accordance with their request
meet the House of Representatives in their Hall this evening at
half past two o'clock, for the purpose of forming the order of pro-
cession, and of entering into such other arrangements as the oc-
casion may require.
■Resolved, That each member of the Senate, wear black crape
upon the left arm for lite space of thirty days, as a tribute of res-
pect to the memory of the deceased.
MONDAY MORNING, OCTOBER 10th, 1831.
Mr. M'Clellan presented the petition of Lucinda Farrow, pray-
ingt o be divorced from her husband John G. Farrow, which was
referred, on motion of Mr. M'Clellan, to the committee on di-
vorces. r •
Mr. Holman presented the petition of Jane Breeding, praying to
be divorced from her husband Lindsey O. Breeding, and asked its
reference to the committee on divorces.
Mr* Polk from the committee of enrollments, reported as cor-
rectly enrolled!,
A bill concerning the distribution of Haywood and Cobb's re-
visa!.
Said enrolled act was read at the clerk's table, signed by the
Spea ker of the Senate, and ordered to be transmitted to the House
of Representatives.
The following message was received from His Excellency, the
Governor, by Samuel G, Smith, Esq. Secretary of State:
Felloic-citizens of the Senate,
and of the. IJov.se of Representnl:zies,
Eva resolution of the General Assembly at the last session, tie
printers of Haywood and Cobb's Digm-i, were dwectcd to have
certain extra printing performed; but no authority, as I conceive,
exists to pay for this extra printing.
As the work lias been executed, the propriety of making pro-
vision for its payment, is submitted to your consideration.
WM. CARROLL.
Executive Office, ?
Nashville, Oct. 8th, 1831. $
r»
Said message was read at the clerk's table, and ordered to be
transmitted to the House of Representatives.
Mr. Holman submitted the following:
R'.iolvedy That the Penitentiary committee be instructed to in-
quire what amendments are u-eessary to be made in the petiai
laws of 1S2J, and report by bill or otherwise.
Aresolutim su'unittjd on Saturday last by Mr. Cillespy, in-
struotingthe committee on E location to ascertain and report the
amount of money in the Panic of the State of Tennessee, or its
agencies, to which eaeh of the Academies in the several counties
are entitled, was taken ' p, lead and adopted.
A resolution heretofore subwit'edby Mr. Bradford, requiring
tbeTreasurer of East Tennessee, to report to the General Assem-
bly the amount ot money refunded by him to purchasers oflaiid
in the Hiwassee District, &c. was taken up, read and adopted.
A message from the House of Representatives, by Mr. Camp-
bell, their clerk.
MR. SPEAKER,
The House of Representatives have adopted a resolution mak-
ing the committees of the two Houses on Indian reservations a
joint committee.
The House of Representatives concur with the amendment pro-
posed by the Senate to
A bill to amend an act entitled an act prescribing the mode
of conveying criminals to the Public Jail and Penitentiary House,
established in this Slate, and for their government therein, passed
December 2Sth, 182G- And then he withdrew.
The Senate concurred in said resolution, and the said bill was
read as amended a third and last time in both Houses, passed, and
ordered to be enrolled.
A bill to regulate the Academies in this State, was taken up and
read.
Mr. Field moved to amend the 4th section of said bill, by strik*
ing therefrom that part thereof, giving to the Trustees the right to
fill all vacancies, an 1 transferring that right to the county courts.
Which motion was sustaititd. „
Said bill, as amended, was, on motion of Mr. Holman, referred
to the committee on Education and Common Schools.
Mr. Greene from the committee on Internal Improvement to'
whom was inferred the petition of Amos Marnev, reported
A bill to authorize Araos Marn'ey to open and keep up a turn-
pike road, and advised its passage. Said'bill was read a first
time and passed.
On motion of Mr. Gilhspy it was ordered that Mr. Greene be
added to the committee on internal improvement.
A bill concerning Justices of the peace was taken up on its
second reading. Mr. Burford moved to refer said bill to the
80
Judiciary committee, and the question thereon being taken it was
determined in the negative. Ayes 8—Noes 10.
The ayes and'noes being constitutionally demanded by Mr.
Greene—those who voted in the affirmative are
Messrs. Bradford, Burford, Field, Frey, Holman, Lytle, McClel-
Ian and Wyly—8.
Those who voted in the negative are,
Messrs. Speaker Douglass,Anderson, Andrews, Brabson, Davis,
Gillespy, Greene, Jetton, Mclver, and Polk—10
And so said motion was lost.
Said bill was then on motion of Mr. Field, ordered to lie on the
table.
Mr. Gillespy withdrew and, returned with an amendment,
A bill to authorise imprisonment in certain cases. Said amend-
ment was received, the bill as amended was read a second time
and passed.
A bill for the relief of Wilson Sanderlin and others, was re-
ferred, on motion of Mr. Frey, to the committee on claims.
A bill to authorise appeals in cases of fines for contempt, was,
on motion of Mr. Field, referred to the Judiciary committee.
A bill to compensate James A. Whiteside for superintending
the printing Haywood & Cobb's revisal, Was amended, on motion
of Mr. Anderson, by striking therefrom the words "five hundred
dollars," and inserting, in lieu thereof, the words "three hundred
and seventy-five dollars."
The bill was then read as amended a third time and passed.
A bill to establish an additional court martial in the 4th regiment
of Tennessee militia. And
A bill to authorise Jeremiah Johnson to build a wing milldam
on the French Broad River, were severally read the third and last
time in both Houses, passed and ordered to be enrolled.
A bill to incorporate Trenton Female Academy in the coqnty
of Gibson, was read a third time and passed.
A bill to authorise Justices of the Peace to take bail in certain
cases.
A bill for the benefit of Montgomery Irvine, Jailer of Sullivan
county.
A bill to authorize the Sheriffof Hardeman county to pay over
certain monies.
A bill to authorize the Register of Carroll county to keep his
office at his own bouse.
A bill to repeal all laws authorising the Treasurer to sell or rent
the lands laid offTor the use of schools in this State, and for other
purposes.
A bill to amend an net pa?sed the 13th day of January 1830, en-
titled an act lo prescribe the manner of holding elections to elect
members of the General Assembly, members of Congress and elec*
81
tors, to elect the President and Vice President of the United State
in the county of Knox. And
A bill to amend and explain the law concerning elections,
were severally read the 2nd time and passed.
A bill to prevent thev bringing of law suits, and for the bene-
fit of defendants, was withdrawn by Mr. Holrnan for amendment.
A bill to incorporate the town of Lagrange in the county of Fay-
ette, was read a second time and passed.
A message from the House of Representatives by Mr. Campbell
their clerk.
MR SPEAKER,
The House of Representatives have taken up, on a third and
last reading in both Houses,
A bill to compensate James A. Whiteside for superintending
the printing Haywood and Cobb's revisal, and propose amending
the same by striking out the words "three hundred and seventy-
five dollars," and insert in lieu thereof the words "four hundred
and fifty dollars." And then he withdrew.
Said message and bill were, on motion of Mr. Anderson,ordered
to lie on the table,
Received from the House of Representatives,
A bill to enable the citizens of Dickson county to build a court
house in said county, and for other purposes.
A bill to release Stephen Johnson of Haywood county, from
the payment of certain monies.
A bill for the relief of the register of East Tennessee.
A bill to establish a town in the county of Henry.
A bill to increase the common school fund.
A bill appointing the time of holding regimental musters in
the 99th regiment of Tennessee militia.
A bill to authorise the Sheriff of Lincoln county to appoint three
deputies.
A bill explanatory of an act entitled an act to provide a method
to help and speed poor persons in obtaining their just rights, and
for other purposes.
A bill to amend an act passed December 3rd, 1829, entitled an
act to extend the corporation of Brownsville, and for other pur-
poses.
A bill to vest the Boards of Internal Improvement with the pow-
er to receive and apply the money set apart for Internal Improve-
ment by the General Assembly of this State in 1829.
A bill to regulate Ordinary and Tavern licenses, and for other
purposes.
A bill to authorise the appointment of a jury to attend the next
county court of Jackson county. And
A bill to amend an act passed in 1829, chapter 52, all of which
were severally read a first time and passed.
K
S3
TUESDAY MORNING, OCTOBER 11, 1831.
Mr. Perkins, presented the petition of Isaac Hurst, of Warren
county, praying to be divorced from his wife Elizabeth. And.
Mr. Murray presented the petition of Sarah . Griffin, praying to
be divorced from her husband, Jesse AY. Griffin, both of which
were referred to the committee on divorces.
A resolution submitted by Mr. Holman on yesterday, instructs
ing the committee on the Penitentiary to inquire what amend-
ments are necessary to be made in the penal laws of 1829, was
taken up, read and adopted.
Mr. Holman submitted the following:
Resolved, That the Senate meet the House of Representatives
in their Hall at 10 o'clock, on Tuesday next, for the purpose of
goihg into the election of a Solicitor General for the 5th Solicito-
rial district.
Mr. Frey, the following:
Resolved, by the General Jlssembly of the State of Tennessee, That
Frederick W. Huling be, and he is hereby appointed, a Justice of
the Peace in and for the county of Montgomery.
On motion of Mr. Holman,
The Senate took up and read the message from the House of
Representatives proposing to amend,
A bill to compenr-ate James A. Whiteside for superintending
the printing and publication of Haywood and Cobb's revisal, by
striking therefrom the sum of "three hundred and seventy-five
dollars,", and inserting in lieu thereof, the sum of "four hundred
and fifty dollars," as compensation for his services.
And the question thereon being had, "Will the Senate concur
in said amendment," it was determined in the negative—Ayes 6,
Noes 14.
The Ayes and Noes being demanded by the constitutional
number,
Those who voted in the affirmative are,
Mr. Speaker, Anderson, Gillespy, Greene, Holman, Lytle—6.
Those who voted in the negative are,
Mr. Andrews, Brabson, Bradford, Burford, Davis, Field, Frey,
Jetton, M'Clellan, M'lver, Murray, Perkins, Polk, Wyly—14.
And so said amendment from the House of Representatives was
non-concurred with.
On motion of Mr. Anderson,
The Senate again took up, on its third and last reading in both
Houses,
A bill concerning Guardians, with the amendment heretofore
offered by Mr. Gillespy, which amendment provides, that hereafter
guardians shall be chargeable with six per cent interest, for such
monies of their wards as shall come into their hands, from the
8 S
time they shall have received the same; provided, nevertheless, if
it shall appear that the guardian received more than six percent
interest upon the money of the ward, then, and in that case, such
guardian shall be made to account for the full amount so by him
received.
And the question thereon being submitted, "Will the Senate re-
ceivesaid amendment?" it was determined in the negative—Ayes
7—Noes 13.
The Ayes and Noes being called, on motion of Mr. Gillespy,
Those who voted in the affirmative are,
Mr. Brabson, Field, Frey, Gillespy, Greene, Lytle, Polk—7.
Those who voted in the negative are,
Mr. Speaker, Anderson, Andrews, Bradford, Burford, Davis,
Holman, Jetton, M'Clellan, M'lver, Murray, Perkins, Wyly—13.
Aud so said amendment was rejected.
Ordered, That the clerk do by message acquaint the House of
Representatives of the amendment proposed to said bill hereto-
fore, and ask their concurrence therein.
Mr. Gillespy returned with an amendment,
A bill to compel constables to pay a poll tax.
Said amendment was received, the bill read as amended a se-
cond time and passed.
Mr. Holman returned with an amendment in lieu of the whole,
A bill to prevent the bringing of law suits, and for the benefit of
defendants.
Said amendment was not received. The bill was then read and
rejected.
On motion of Mr. Bradford, the Senate took up
A bill to do away Jury trials, which was on motion of Mr. Bur-
ford, again ordered to the table.
Mr. Anderson introduced
A bill to divorce John Cox from bis wife Phebe Cox, and others
therein named.
Mr. Holman,
A bill to divorce Jane Breeding from her husband Lindsey O.
Breeding. And
A bill to prevent appeals from before Justices of the Peace in
certain cases, which were severally read a first time and pass-
ed.
A bill for the benefit of Wm. M'Coy. And
A bill for the benefit of the heirs and creditors of James Peake,
deceased, of White county, were severally read the 2nd time and
passed.
A message from the House of Representatives by Mr. Campbell
their clerk.
Mr. SPEAKER,
The Speaker of the Hous^ of Representatives
84
did this day sign an enrolled resolution appointing Justices of the
Peace for Wilson county, an enrolled act to repeal the 4th section
of an act entitled an act to amend an act for the benefit of the Bean
Station Turnpike Road, and an enrolled act giving further time
for surveying entries and obtaining grants thereon.
The House of Representatives have adopted a resolution that
the Senate meet them in their Hall at 10 o'clock A. M. on Thurs-
day next, for the purpose of electing Solicitors General for the
9th 11th and 16th Solicitorial Districts, in which they ask the
concurrence of the Senate. And then he withdrew.
The Speaker of the Senate signed said enrolled resolution and
acts,and directed them to be deposited in the office of the Secretary
of State.
The Senate concurred with their resolution to go into the elec-
tion of Attorneys General on Thursday next, and ordered the
clerk to acquaint them therewith.
A bill for the relief of the Surveyor General of the 13th district
in this State, was withdrawn for amendment by Mr. M'lver.
A bill for the benefit of the register of Maury county, was read
the third time and passed.
Mr. Gillespy introduced
A bill for the relief of Nathaniel Ragan, of Blount county.
Mr. Field withdrew said bill for amendment.
Mr. Murray withdrew for amendment,
A bill for the relief of Joel L. Stone, and others.
Mf. Frey withdrew for amendment,
A bill to amend an act entitled an act for the relief of executors
or administrators, passed December 31, 1829.
A bill to vest the boards of Internal Improvement with the pow-
er to receive and apply the money set apart for Internal Improve-
ment by the General Assembly of this State in 1829. And
A bill to amend an act entitled an act to establish a Board of
Internal Improvement, and set apart one hundred and fifty thou-
sand dollars, to be appropriated to the improvement of the navi-
gable rivers and other objects of internal improvement in this
State, were ordered to the table.
A bill to inclose the Milk Sick Hills in White county, was read
a third and last time in both Houses, passed and ordered to be
enrolled.
Received from the House of Representatives,
A bill to create a fund in each county for common schools.
And
A bill for the benefit of the people living on Cumberland moun-
tain in Warren county, which were severally read a first time and
passed.
85
WEDNESDAY OCTOBER 12, 1831.
Mr. Perkins presented the petition of David Barrett, a citizen
of Warren county, and asked its reference to the committee on
propositions and grievances.
Mr. Anderson from the committee on Indian reservations re-
ported
A bill to provide for the appointing of a board of Commission-
ers of arbitriment for the decision of controversies, arising under
the treaties of 1817 and 1819 concerniag Indian reservations,
and advised its passage. Said bill was then read a first time and
passed.
A resolution submitted by Mr. Holman, on yesterday to go
into the election of Attorney general for the 5th District wast a-
ken up, read and amended on motion of Mr. Holman, by stri-
king out "Saturday," and inserting the word "Tuesday," said re-
solution as amended was adopted, and the clerk ordered to ac-
quaint the House of Representatives therewith, and asktheir con-
currence therein.
A resolution submitted on yesterday by Mr. Frey appointing a
justice of the peace for Montgomery county, was taken up, read
and adopted.
Mr. M'lver returned with an amendment,
A bill for the relief of the Surveyor General of the 13th Dis-
trict in this State—Said amendment was received, the bilfread as
amended a third time and passed.
Mr. Murray introduced
A bill to divorce Sarah Griffin from her husband Jesse W. Grif-
fin, which was read and referred on motion of iMr. Murray to the
committee on divorces
Mr. Murray returned with an amendment, confining those for
whose benefit it was intended, to hawk and peddle in their res-
pective counties.
A bill for the relief of Joel L. Stone, and others—said amend-
ment was rejected. The bill was then put upon its passage, and
the question thereon being taken, "shall the bill pass" it was de-
termined in the affirmative—Ayes 17—Noes 3.
The Ayes and Noes being demanded,
Those who voted in the affirmative are,
Mr. Anderson, Andrews, Brabson, Bradford, Davis, Field,
Frey, Gillespy, Greene, Holman, Jetton, Lytle, M'Clellan, M'lver,
Perkins, Polk, Wyly—17.
Those who voted in the negative are,
Mr. Speaker, Burford and Murray.—3.
And so said bill passed its 2d reading.
86
Mr. Field returned without amendment,
A bill for the relief of Nathaniel Ragan of Blount county—said
bill was read a first time and passed.
Mr. Mclver introduced
A bill to authorize the court of Pleas and Quarter Sessions of
Tipton county, to appropriate any surplus money in the County
treasury for the purpose of building a court house in the town of
Covington. And
A bill for the benefit of Hugh Mclntire, of Tipton county.
Mr. Frey
A bill to authorize Miller Francis, treasurer of East Tennes-
see, to pay certain monies.
Mr. Murray,
A bill to establish a third battalion in the S2d Regiment of the
militia of the State. And
Mr. Greene
A bill for the benefit of the widow and heirs of James Blair, de-
ceased.
All of which were severally read a first time and passed.
A message from the House of Representatives by Mr. Campbell
their Clerk.
MR. SPEAKER,
The House of Representatives have adopted
a resolution that the Senate meet them in their Hall on Tuesday
the 1st day ofNovember next, for the purpose of electing an attor-
ney general for the 12th district. They have also adopted a re-
solution appointing Justices of the Peace for the counties of
Henry, Lincoln and Montgomery, in which they ask the concur-
renceofthe Senate.
Said resolutions were concurred in by the Senate and the clerk
ordered to acquaint the House of Representatives therewith,
The House of Representatives nonconcur in the amendment
proposed by the Senate, to
"A bill concerning guardians." And then he withdrew,
The Senate receded from said amendment, and propose amen-
ding said bill by adding thereto the words, "Not excerfing five per
cent," and directed the clerk to acquaint the House of Represen-
tatives therewith, and ask their concurrence therein.
Mr. Gillespy.from the Judiciary committee to whom was refer-
red "A bill levying a tax on the sale of Lottery tickets in this
State, returned said bill, and asked that the committee be dis-
charged from its further consideration, which being granted the
bill was withdrawn for, and returned with an amendment, by
Mr. Murray—said amendment was not received, the bill was then
upon its 2d reading put upon its passage and rejected.
Mr. Field moved to strike out the 2d section attached by the
House of Representatives, to a bill to compensate justices of the
87
peace for the services therein named;" said motion prevailed—the
bill was then read a second time and passed.
Received form the House of Representatives,
A bill for the benefit of Jesse Savage, Mr Green withdrew and
returned said Bill with an amendment, for, the benefit of John
Witt of Hamilton county, said amendment was received, the bill
read as amended a first time and passed.
A bill further to define and extend the jurisdiction of Justices
of the peace.
A bill to authorize the sheriff of Lincoln county to appointthree
deputies. And
A bill to amend an act entitled an act to amend the penal laws
of the State of Tennessee, passed December 9th,1829, were sev-
erally read a second time and passed.
A bill to amend an act entitled an act for the relief of heiis of per-
sons dying intestate,passed December 11th,1827, was read and re-
jected.
Received from the House of Representatives.
A bill to open and keep in repair the ford road in the counties
of Hawkins and Sullivan.
A bill prescribing the mode of proving deeds executed out of
this State, where the bargainer and witnesses are dead.
A bill to compensate F. S. Heiskell for extra printing and bind-
ing done on Haywood and Cobb's revisal. And
A bill to authorise a lottery for the continuation of Union street
in the city of Nashville, all of which were read the first time and
passed.
THURSDAY, OCTOBER 13, 1831.
Mr. Andrews presented the return of the clerk of the court of
Pleas and Quarter sessions for the county of Henderson, and ask-
ed its reference to the committee on Finance.
Mr. Anderson from the Bank committee reported and submit-
ted the following resolutions:
Resolved, by llie General Jissembly of the State of Tennessee, That
the President and Directors of the State Bank be authorised to
make such contracts for the liquidation and settlement of the re-
maimng balance due from the Nashville Bank to the State bank
by receiving undoubted security or securities for the same, bear-
ing interest and payable semi-annually, so that the whole will fall
due within three years from the 1st day of January next.
Resolved, by the General Jissembly of the State of Tennessee, That
the President and Directors of the Bank of the State ofTennes-
see, report to this General Assembly the amount of money made
88
by the Bank since the last session of the Legislature upon real
transaction loans, and the amount of money (if any) due and to
become due, when due and from whom due, both of which were
read and adopted.
Mr. Anderson from the same, submitted the following:
Resolved!, That Messrs. Polk and Bradford from the Stand ing
Committee on Banks, in the Senate, be appointed a select com-
mittee to act jointly with such committee as may be appointed by
the House of Representatives, to examine the vault s of the prin-
cipal bank at Nashville, to count the funds on hand in said bank,
and report thereon to this General Assembly.
Said resolution was, on motion of Mr. Anderson, ordered to lie
on the table.
A message from the House of Representatives by Mr. Campbell
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 proceeded to the
election of Attornies General for the 11th, 16th and 9th districts.
And on collecting and counting the ballots on the 3rd ballotting,
Samuel Frazier of Rhea county was duly elected Attorney General
for the 11th district. On collecting and counting the ballots on
the 4th.balloting, Joel H. Dyer, of Gibson county, was duly elect-
ed Attorney General for the 16th Solicitorial district. And upon
collecting and counting the ballots on the 5th ballotting, Edmund
Dillahunty was duly elected Attorney General for the 9th Solicito-
rial district of this State. And thereupon the Speaker and gentle-
men of the Senate returned to their own chamber.
A bill to repeal the law allowing tax fees to attornies, was taken
up, on its third and last reading in both Houses.
Mr. Brabson offered an amendment thereto, providing that the
act should not be so construed as to extend to fees allowed now
by law to attornies in State cases.
Said amendment was received, and the clerk ordered to ac«
quaint the House of Representatives therewith, and ask their
concurrence therein.
Mr. Frey returned with an amendment,
A bill to amend an act entitled an act for the relief of executors
or administrators, passed December the 31st, 1829.
Said bill and amendmendment were, on motian of Mr. Field,
referred to the Judiciary committee.
The Senate took up
A bill to amend the laws of the State on the subject of Public
roads.
$9
Mr. Gillespy moved to strike therefrom the last section thereof,
which motion prevailed.
Said bill was further amended on motion of Mr. Anderson,.by
changing the caption thereof so as to read "A bill to repeal so
much of the act of 1829, as exempts paper manufacturers, and
their hands from working on public roads.
Said bill was then read as amended a third time and passed.
The Senate took up and referred to the committee on Finance,
the Report of Thomas Crutcher, Esq- Treasurer of middle Ten-
nessee.
Mr. Holman introduced
A bill to divorce Anderson Hodges from his wife Jane Hodges,
which was read a first time and passed.
And then the Senate adjourned.
FRIDAY MORNING, OCTOBER 14th, 1831.
Mr. Speaker Douglass presented the report of the Common
School Commissioners for Knox county, which was read and or-
dered to be transmitted to the House of Representatives.
Mr. Lytle presented the petition of Maria Harp, praying* to be
divorced from her husband Nathaniel Harp, and introduced a bill
for that purpose, both of which were, on motion of Mr. Lytle, re-
ferred to the committee on divorces.
The Senate took up, on motion of Mr. Burford, "A resolution
submitted on yesterday by Mr. Anderson from the committee on
Banks, proposing to appoint a joint select committee for special
purposes.
Said resolution was read and adopted.
Ordered, That the clerk acquaint the House of Representatives
therewith and ask their concurrence therein.
The Senate took up, on motion of Mr. Bradford,
A bill to do away jury trials in the county courts.
Said bill was, on motion of Mr. Wyly, again laid upon the
table.
A message from the House of Representatives by Mr. Campbell
their clerk.
MR SPEAKER,
The Speaker of the House of Representatives did this day sign
an enrolled resolution appointing Justices of the Peace for the
counties of Lincoln, Henry and Montgomery; and an enrolled bill
entitled an act to compensate James A. Whiteside for superin-
tending the printing and publication of Haywood and Cobb's re-
visal.
Said enrolled bill and resolution were signed by the Speaker of
90
the Senate, and ordered to be transmitted to the office of the Sec-
retary of State.
The House of Representatives non-concur with the Senate's
resolution, appointing a select committee on Banks, to examine
and count the money in the vaults of the bank of the State of Ten-
nessee.
They concur in the Senate's resolution directory to the Presi-
dent and directors of the bank of the State of Tennessee.—In the
Senate's resolution appointing Frederick W. Huling a Justice of
the Peace for the county of Montgomery;—and in the Senate's
resolution to meet them in their Hall at 11 o'clock A. M. on Tues-
day next, for the purpose or electing an Attorney General for
the 5th Solicitorial District.
The House of Representatives have adopted a resolution ap-
pointing Justices for the county of Franklin, in which they ask
the concurrence of the Senate.
The Senate concurred in said resolution, and ordered the clerk
to acquaint the House of Representatives therewith.
The House of Representatives concur with the amendment pro-
posed by the Senate to
A bill to repeal the law allowing tax fees to attornies; and non-
concur with the Senate's proposed amendment to
A bill concerning guardians. And then he withdrew.
The Senate receded from their proposed amendment to the
last named bill in said message, and put the bill upon its passage.
And the question thereon being had, "Shall the bill pass?" it
was determined in the affirmative—Ayes 17, Noes, 3.
Those who voted in the affirmative are,
Mr. Speaker, Anderson, Andrews, Brabson, Burford, Davis,
Field, Frev, Giilespy, Greene, Jetton, Lytle, M'Clellan, Mclver,
• Murray, Polk, Wyly—17.
Those who voted in the negative are,
Mr. Bradford, Holman, Perkins—3
And so said bill passed its third and last reading in both Hous-
es, passed and ordered to be enrolled.
The Senate then took up the bill mentioned in said message,
and to repeal the law allowing tax fees to attornies.
And the question thereon being had, "Shall the bill pass?" it
was determined in the affirmative—Ayes 17, Noes 2.
The Ayes and Noes being demanded,
Those who voted in the affirmative are,
Mr. Speaker, Andrews, Brabson, Bradford, Burford, Davis,
Field, Giilespy, Greene, Holman, Jetton, M'Clellan, M'iver, Mur-
ray, Perkins, Polk, Wyly—17.
Those who voted in the negative are,
Mr. FYey, Lytle, 2.
91
And so said bill passed its third and last reading in both Hous-
eg, and was ordered to be enrolled.
A bill authorising the appointment of a jury to attend the next
county court of Jackson county, was read the 2nd time and pass-
ed.
Mr Perkins introduced
A bill for the relief of Nirnrod Dodson, which was referred, on
motion of Mr. Perkins, to the committee on school lands.
On motion of Mr. Wyly, the Senate again took up
A bill to do away jury trials in the county courts, and referred
the same, on motion of Mr. Field, to the Judiciary committee.
And the Senate adjourned.
SATURDAY MORNING, OCTOBER, 15, 1831.
Mr. Greene presented the petition of William Smith, praying
the passage of a law equalizing the tax on merchants, which was
referred, <on motion of Mr. Greene, to the committee on proposi-
tions and grievances.
Mr. Jetton presented the petition of the grand Jurors, of the
circuit court of Rutherford county, asking the appointment of
Justice of the Peace for James Read, a citizen of said county, and
asked its reference to the committee on Captains' companies and
Justices of the Peace.
Mr. Murray presented the petition of a number of citizens of
Weakly county, asking the extension of the right of occupancy to
several inhabitants of said eounty, which was referred, on motion
of Mr. Murray, to the committee on land claims.
Mr. Polk presented the certificate of Jeremiah Cherry,Mary Guest
and others, heirs at law of Jeremiah Cherry, Sen. deceased, late
of the county of Maury, in behalf of George, a man of color, in
said eounty, which was referred, on motion of Mr. Polk, to the
committee on propositions and grievances.
Mr. M'Clellan, from the committee on divorces, to whom was
referred the petition of Edward Lumpkins, praying to be divorced
from his wife Nancy Lumpkins, reported that the committee have
had the same under consideration, think it unreasonable, and that
the prayer of the petitioner ought not to be granted.
Said report was concurred in by the Senate.
Mr* Polk, from the committee on enrolled bills, reported as
correctly enrolled,
A resolution appointing F. W. Haling a Justice of the Peace for
Montgomery county.
A resolution directory to the President and Directors of the
.Bank of the State of Tennessee.
ss
Enrolled bills entitled
An act to authorise Jeremiah Johnson to build a wing mill dam
on French Broad river.
An act to enclose the Milk Sick Hills in White county.
An act to repeal the law allowing tax fees to attornies.
An act concerning guardians.
An act to amend an act entitled an act to authorise a separate
battalion muster in the 4th regiment of Tennessee militia, pass-
ed October 23, 1829. And
An act to amend an act entitled an act prescribing the mode
of conveying criminals to the publie Jail and Penitentiary House
established in this State, and for their government therein, passed
December 2S, 1831.
Said enrolled acts and resolutions were signed by thg Speaker
of the Seriate, and ordered to be transmitted to the House of Re-
preservatives, to receive the signature of their Speaker.
Mr. Gillespy, from the committee on School lands, returned
with various amendments,
A bill to repeal all laws authorising the Treasurer to sell or
rent the lands laid off for the use of schools in this State, and for
other purposes.
Said amendments were received, and the bill being further
amended, on motion of Mr. Field, was read a second time and
passed.
On motion of Mr. Polk, the Senate took up
A resolution from the House of Representatives relating to the
devise of Mason Lee, deceased, late of South Carolina.
Said resolution was read and concurred in.
Ordered that the clerk acquaint the House of Representatives
therewith.
A message from the House of Representatives by Mr. Campbell
their clerk.
MR. SPEAKER,
The Speaker of the House of Representatives
did this day sign an enrolled bill entitled "An act to repeal so
much of the act of 1829 in relation to public roads, as exempts
paper manufacturers, and their hands, from working thereon.
Said enrolled bill was signed by the Speaker, and ordered to be
deposited in the office of the Secretary of State.
The House of Representatives have adopted a resolution ap-
pointing Justices of the Peace for the counties of Bedford and
Warren, in which they ask the concurrence of the Senate. And
then he withdrew.
The Senate concurred with said resolution, and ordered the
clerk to acquaint the House of Representatives therewith.
A bill to authorise the appointment of a Jury to attend the next
county court of Jackson county. And
95
A bill to establish the Montgomery rangers, were severally read
a third and last time in both Houses, passed and ordered to be en-
rolled.
Mr Holman introduced
A bill to provide the manner in which costs in criminal cases
shall be paid, and for other purposes.
Mr. Murray,
A bill to amend an act entitled an act to incorporate a medical
society in the State of Tennessee, passed the 9th day of Janaury
1830. And
Mr. Polk,
A bill authorising the Governor of the State of Tennessee to
appoint an agent to bring to a close the business of the late Ma-
6on Lee, of South Carolina—all of which were severally read a
first time and passed.
The Senate took up on its third and last reading in both Hous-
es,
"A bill requiring the entry taker of Bedford county to record
certain entries—Mr. Bradford moved to strike from the bill the
amendment made by the House of Representatives, requiring the
county trustee of Bedford county, to pay the fees upon said en-
tries out of the county revenue, and iri lieu thereof to reinstate
the part stricken out by the House of Representatives, which pro-
vided, that the entering fees should be paid by the treasurer of
Middle Tennesse, out of the the revenue of the State. Said mo-
tion prevailed. Ordered that the clerk acquaint the House of
Representatives therewith, and ask their concurrence therein.
, A bill to alter the time of holding the county courts in the coun-
ties of Dyer and Obion, and for other other purposes, was on
motion of Mr. Murray ordered .to the table.
A bill to reduce the fees on marriage license, was referred on
motion of Mr. Jetton to the committee on retrenchment.
A bill to extend the limits of the town of Jackson, in the coun-
ty of Madison. And
A bill to incorporate the town of Denmark, in the county of
Madison, were severally read a 2d time and passed.
And then the Senate adjourned until Monday morning 10 o'clock.
MONDAY MORNING, 17th OCTOBER, 1831.
Mr. Murray presented the petition of Minerva F. White, pray-
ing to be divorced from her husband Thomas J. White, which
was referred on motion of Mr. Murray to the committee on di-
vorces.
Mr. Greene presented the petition of John C. Haley, praying to
9i
be authorized to clear obstructions to the navigation of Tennes-
see river, which was referred on motion of Mr. Greene to the com-
mittee on internal improvement.
Mr. Brabson presented the return of the clerk of the circuit
court of Claiborne county,shewing the amount of tax paid by him
to the treasurer of East Tennessee, which was referred on mo-
tion of Mr, Brabson, to the committee on Finance,.
Mr. Gillespy presented the memorial-of Joshua Jobe and others,
citizens of Blount county, which was referred on motion of.
Mr. Gillespy to the committee on' claims.
Mr. McClellan from the committee on divorces, reported
A bill to divorce Polly Farmer and others. Said bill was read
a first time and passed.
Mr. Davis from the committee on Land claims, reported
A bill for the benefit of Sandford and Mitchell, which was read
a first time and passed.
Mr. Murray from the select committee to whom was referred
"A bill to indemnify such counties in this State as are deprived
of a part of their county revenue by the act of Assembly of August
14,1822,and the compact entered into between the commission-
ers appointed by the provisions of said act, reported that the
committee have had the same under consideration, and are well
satisfied of the great injustice operating upon the citizens of such
counties, including the lands so exempted from taxation until the
year 1850. According to the provisions of said compact, such
counties are entirely deprived of all county tax on said lands, and
consequently have to increase the taxes on other property and otb-
er lands in order to meet the usual and necessary expenses
thereof, and to w hich every other county ih the State are more
or less subjected to, which in effect compels the citizens of
the oppressed counties to pay higher taxes, than those of other
counties, where none such exempted lands are located; there-
fore to remove the burthen thus imposed by said compact, the
committee beg leave to propose the following amendment to the
bill, strike therefrom the words "What the county tax on said
land would have been," and insert thereof the words,"thirty-seven
and a half cents for each hundred acres of land so exempted the
quantity of .such land in each county." And in that form the com-
mittee beg leave to recommend it passage.
Said report was concurred with, the amendment made, the bill
read as amended a 2d time and passed. '
A message from the House of Representatives by Mri Campbell
their clerk.
MR. SPEAKER,
The Speaker of the House of Representatives
did this day sign an enrolled resolution appointing justices of the
peace for the .county of Franklin, and an enrolled act for the ben-
95
efit of the Register of Maury county; the Speaker of the Senate
signed said enrolled resolution and 6aid enrolled act, and order-
ed the clerk to deposit them in the office of the Secretary of State.
The House of Representatives have adopted a resolution appoint-
ing Mathew Johnson and Mathew D. Thomason, justices of the
peace for Williamson county—said resolution was on motion of
Mr. Jetton, ordered to the table. The House of Representatives
have adopted a resolution that the Senate meet them on Tuesday
the 18th inst. in their hall for the purpose of electing Treasurers
for East Tennessee, and for the Western District, in which they
ask your concurrence-—Said resolution .was concurred in by the
Senate, and the clerk ordered to acquaint the House of Repre-
sentatives therewith.
The House of Representatives nonconcur with the amendment
proposed by the Senate to
"A bill requiring the entry taker of Bedford county to record
certain entries." And then he withdrew. On motion of Mr. Brad-
ford, said bill was ordered to the table.
Mr. Anderson withdrew for amendment
"A. bill to provide for the appointment of a board of commis-
sioners of arbitrament for the docision of controversies, arising
under the treaties of 1S17 and 1819, concerning Indian reserva-
tions, arid for other purposes.
Mr. Polk from the committee of enrollments, reported as cor-
rectly enrolled,
"A bill to authorise the appointment of a jury to attend the next
county court of Jackson county—Said enrolled act was signed
by the Speaker of the Senate, and ordered to be transmitted to
the House of Representatives to receive the signature of their
speaker.
Mr. Gillespy submitted the following,
Resolved, by the General Assembly,of the State of Tennessee,
That the committee on internal improvement be instructed to in-
quire into the expediency of making an appropriation out of the
public funds, to pay hands for working on the public roads in the
several counties in this State, and that said committee also in-
quire into the expediency of revising the road laws of this State.
Mr. McClellan the following,
Resolved, by the General Assembly of the State" of Tennessee,
That James Gregg, Michael Weaver, Henry Ketsmiller, Vincent
Easley and Joshua Shipley, be and they are hereby appointed
justices of the peace in and for the county of Sullivan.
Mr. Wyly the following,
Resolved, by the General Assembly of the State of Tennessee,
That Jeremiah Bogart be, and he is hereby appointed a justice
of the peace in and for the county of Washington,
96
Mr. Andrews, the following:
Resolved, by the General Assembly of the State of Tennessee,
That Wilson H. M'Kissickand Samuel A. Wallace be, and they
are hereby appointed, Justices of the Peace in and for the county
of Henderson.
Mr. Gillespy, the following:
Whereas, many of the returns of the clerks of the county courts
in the several counties in this state have been made, to each
branch of this General Assembly, of the number of captains' com-
panies, and the number of vacancies of Justices of the Peace
therein;—and said returns have been made, to the standing com-
mittees on captains' companies and Justices of the Peace of each
House respectively, in consequence whereof, said committees are
unable to report satisfactorily thereon, for remedy whereof,
Resolved, by the General Assembly of the state of Tennessee,
That the standing committee of each branch of this General As-
sembly on captains' companies and Justices of the Peace, be made
a joint committee of both Houses. And the rule being suspend-
ed, said resolution was adopted.
Ordered that the clerk acquaint the House of Representatives
therewith and ask their concurrence therein.
Mr. Burford submitted the following, •
Resolved, by the General Assembly of the State of Tennessee,
That the President and Directors of the Bank of the State of
Tennessee, furnish this General Assembly, with a statement of
the real estate, belonging to the bank, where siuated, from whom
purchased and at what price; whether the same is or is not ten-
anted, and if tenanted by whom and for what time; Also what the
same would likely bringin cash at this time, and what would be
the probable difference between a sale for cash and a sale on cred-
it,together with such other information as the Directory may think
proper to give touching said property.
Mr Gillespy, the following,
Resolved, That thirty copies of. the articles of Impeachment a-
gainst Joshua Haskell, Judge of the 8th Judicial circuit of this
State, his answer and the replication thereto, be printed for the
use of the Court of Impeachment, the managers of the prosecu-
tion and the defendant and his counsel. And the rule requiring
resolutions to lie one day on the table, being suspended, said reso-
lution was adopted.
Mr. Burford, the following:
Resolved, That a joint select committee be appointed to take into
consideration the propriety of recommending to the people of
this State the propriety of voting for cr against a convention at
the next election; and that said committee report to a joint meet-
ing of both branches of this General Assembly, by resolution or
otherwise. And
9T
Mr. M'Clellan, the following:
Resolved, That the committee on public printing enquire into the
propriety of printing (and binding the public acts) of this General
Assembly separate and apart from the local and private laws; and
only two copies of the latter be printed for each county, to be de-
posited—one in each of the county and circuit court clerk's offices
in this State, and that they report by bill or otherwise.
A bill for the benefit of Robert Cowan, was referred, on mo-
tion of Mr. Gillespy, to the committee oh claims.
A bill to authorise the Treasurer of East Tennessee to pay cer-
tain monies.
A bill to authorise the court of Pleas and Quarter sessions of
Tipton county, to appropriate any surplus money in the county
Treasury, for the purpose of building a court house in the town
of Covington.
A bill to establish a 3rd battallion in the 82nd regiment of the
militia of this State. And
A bill for the relief of the widow and heirs of James Blair de-
ceased, were severally read a second time and passed.
Mr. Murray withdrew for, and returned with, an amendment,
A bill for the benefit of Hugh M'Intire.
Said amendment was received, the bill read as amended a 2nd
time and passed.
Received from the House of Representatives,
A bill to compensate Jurors in the county of Sullivan.
A bill for the benefit of John Sharp.
A bill for the relief of the heirs of James Taylor, late of South
Carolina.
A bill to establish a town in the county of Greene.
A bill appointing a commissioner to receive Justices' papers in
Rnox county.
A bill to appoint commissioner's upon Hart's Turnpike road, in
White and Bledsoe counties.
A bill to improve the present circuit court system in this State.
A bill for the relief of the creditors of Anthony Gilliam, de-
ceased.
A bill to amend an act entitled an act to extend the Turnpike
road, granted to William Reynolds, passed November the 25th,
1829, and for other purposes.
A bill to amend an act entitled an act to dispose of certain lands
in Hawkins county, commonly called Simrn's Big Survey.
A bill for the benefit of Nathaniel B. Butler.
A bill for the benefit of Henry Liggett.
A bill to incorporate the Franklin Rail-road Company.
A bill to improve the navigation of Obeds river in Overton and
Fentress counties, and for other purposes. And
A bill to repeal an act passed October the 8lh, 1825, entitled an
M
93
act for the benefit of Jonathan Brown, of Greene county, all of
which were severally read a first time and passed.
Mr. Wyly introduced
A bill to establish a precinct election in Greene county.
Mr. Gillespy,
A bill to amend an act entitled an act for the benefit of common
schools, passed January 1st, 1830.
A bill to appropriate one half of the State tax to county pyr-
poses, upon a basis of free white population.
A bill for the relief of Sally Martin. And
A bi forthe benefit of Daniel D. Foute, of Blount county.
Mr. M'lver,
A bill to incorporate the town of Randolph, in the county of
Tipton, in this State.
Mr. Bradford,
A bill to increase the revenue of the different counties in this
State. And
Mr. M'Clellan
A bill for the relief of the citizens of Ivingsport in the county of
Sullivan, all of which were severally read a first time and passed.
On motion of Mr. Jetton, the Senate took up
A bill for the relief of Peter Chilcut and Augustus "White,
which was read a first time and passed.
On motion of Mr. Davis,
Ordered that Mr. Polk be added to the committee on land
claims.
On motion of Mr. Greene, the Senate took up and read,
A bill to vest the Board of Internal Improvement with the pow-
er to receive and apply the money set apart for Internal Improve-
ment, by the General Assembly of this State, in 1829.
Ordered that said bill be referred to the committee on Inter-
nal Improvement.
A bill to incorporate the town of Lagrange in the county of
Fayette, was read a third and last time in both Houses, passed and
ordered to be enrolled.
A bill to amend an act entitled an act to authorise John Brown
to open and keep up a turnpike road, was read a third time and
passed.
A bill to compensate Frederic S. Ileiskell for extra printing
and binding done on Haywood and Cobb's Digest, was, on motion
of Mr. Jetton, ordered to lie on the table.
And then the Senate adjourned.
TUESDAY MORNING, OCTOBER 18, 1831.
Mr Polk presented the petition of sundry citizens of this State,
59
praying the passage of an act and making distinct the offices
of Sheriffs and tax collectors, which was referred, on motion of
Mr. Polk, to the Judiciary committee.
Mr.? Murray presented the petition of sundry citizens of Hay-
wood county, within the bounds of Captain William Parker's com-
pany, praying the appointment of Justice of the Peace
Moore; and the petition of a number of citizens of Greene county,
recommending Valentine Sevier, as a suitable person for the of-
fice of Justice of the Peace.
Said petitions were, on motion of Mr. Murray, referred to the
committee on captains' companies and Justices of the Peace.
Mr. Andrews presented the return of the clerk of the circuit
court, and the return of the clerk of the county court of Hen-
derson county, shewing the amount of tax collected by them on
law-suits, deeds, &c. for the years 1S29 and 1830, which were re-
ferred, on motion of Mr. Andrews, to the committee on Finance.
Mr. Burford, from the select committee to whom was referred
"A bill to equalize the tax on merchants and auctioneers, and
more effectually to secure the revenue from merchants and auc-
tioneers, reported an amendment thereto in lieu of the whole bill.
Said amendment was received, the bill as amended was read,
and the question thereon being had, "Shall the bill pass?" it
was determined in the affirmative—Ayes 15—Noes 4.
The Ayes and Noes being demanded,
Those who voted in the affirmative are,
Mr. Anderson, Andrews, Brabson, Burford, Davis, Frey, Gil-
lespy, Greene,Holman, Jetton, M'Clellan, M'lver, Murray,Perkins,
Wyly—15.
Those who voted in the negative are,
Mr. Speaker, Bradford, Lytle, Polk—4.
And so said bill passed its 2nd reading.
A resolution submitted on yesterday by Mr. Gillespy, instructing
the committee on internal improvement, to inquire into the expe-
diency of making an appropriation out of the public funds for cer-
tain purposes, and into the expediency of revising the road laws
of this Stale.
By Mr. M'Clellan,
Appointing Justices of the Peace for tke county of Sullivan.
By Mr. Wvly,
Appointing a Justice of the peace for the county of Washing-
ton.
By Mr. Andrews,
Appointing Justices of the Peace for the county of Hender-
son.
By Mr. Burford,
Directory to the President and directors of the Bank of the
State ol Tennessee. And
109
By Mr. M'Clellan,
Directory to the committee on public printing, were taken up,
severally read and adopted.
Ordered, That the Oerk acquaint the House of Representa-
lives therewith, and ask their concurrence therein.
A resolution submitted on yesterday by Mr. Burford, in relation
to ihe expediency of voting for or against a convention at the
next-general elections, was taken up, read, and on motion of r.
Anderson, ordered to lie on the table.
Mr. Anderson presented the memorial and remonstrance of the
President and Directors of the Nashville Bridge Company, which
was read at the clerk's table, and ordered, on motion of Mr. An-
derson, to lie on the table.
A message from the House of Representatives by Mr. Campbell
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, members of the Sen-
ate repaired to the Hall of the House of Representatives, and
proceeded to the election of Treasurers for the Western Depart-
ment of this State, and for East Tennessee, when, upon collecting
and counting the ballots, upon the 1st balloting, James Caruthers
was duly elected Treasurer for the Western Department of Ten-
nessee, and Miller Francis was duly elected Treasurer for East
Tennessee. The General Assembly next proceeded to the elec-
tiou of a Solicitor General for the 5th district, when, on collect-
ingand counting the ballots on the 2nd balloting, it appeared by
the report of the tellers, that Wm. B. Campbell, of Smith county,
was duly and constitutionally elected attorney general for the said
5th Solicitorial .District.
And thereupon the Speaker and Gentlemen of the Senate, on
motion of Mr. Bradford, returned to their own chamber.
A message from the House of Representatives by Mr. Campbell
their clerk.
Mr. SPEAKER,
The.House of Representatives non-concur in
the Senate's resolution, makingthe committee of the two Houses,
on captains' companies and Justices of the Peace, a joint com-
miltee. The Speaker of the House of Representatives did this
day sign an enrolled resolution appointing Justices of the Peace
for ihe counties of Bedford and Warren—An enrolled resolution
relating to the devise pf Mason Lee, late of South Carolina, to the
State of Tennessee—And an enrolled bill entitled an act to incor-
porate Trenton Female Academy in the county of Gibson—which
I am directed to deliver to the Senate to receive the signature
101
their Speaker, Thfe Speaker of the Senate signed said enrolled
resolutions and enrolled bill, and ordered them to be deposited in
the office of the Secretary of State. The House of Representa-
tives have adopted a resolution appointing Jacob Yoorhis, Wm.
B. Young and John B. Brown, Justices of the Peace for the coun-
ty of Dickson—David S. Hobbs and Cornelius D. White, Justices
of the Peace for Hickman county—and Bird Hardy and Joseph
Bowers, Justices of the Peace for Montgomery county. And then
he withdrew.
The Senate concurred in said resolution, and ordered thq clerk
to acquaint the House of Representatives therewith.
Gn motion of Mr. Gillespy,
Ordered, That an insisting message be sent to the House of
Representatives in relation to the resolution making the commit-
tees of the two Houses on captains1 companies and Justices of
the Peace.
Mr. Burford submitted the following:
Resolved, That the committee appointed by the House of Repre-
sentatives, and the committee appointed by the Senate, on so
much of the Governor's message as relates to the Kentucky line,
act jointly upon that subject. And the rule being suspended, said
resolution was adopted.
Ordered that the clerk acquaint the House of Representatives
therewith, and ask their concurrence therein.
On motion of Mr. Jetton, the Senate took up
A hill to compensate Frederic S. Heiskell for extra printing
and binding done on Haywood and Cobb's Digest.
Mr. Davis moved to strike therefrom the words "twelve hund-
red dollars." And the question thereon being had, it was deter-
mined ill the affirmative—ayes 12—noes 6.
The ayes and noes being demanded by the constitutional num-
ber,
Those who voted in the affirmative are,
Mr. Speaker, Andrews, Bradford, Burford, Davis, Field, Frey,
Holman, Jetton, M'lver, Murray, Perkins—12.
Those who voted in the negative are,
Mr. Anderson, Brabson, Gillespy, Greene, Lytle, M'Clellan,
Wyly—7.
And so said motion prevailed.
Mr. Davis then moved to insert in lieu, the words "six hundred
dollars,"
Mr. Jetton moved to insert the words "one thousand dollars,"
which having precedence, the question was thereupon put, will
the Senate fill the blan k by inserting the words "One thousand
dollars" and determined in the affirmative. Ayes 13-—Noes 7.
The Ayes and Noes being demanded constitutionally by Mr.
Davis.
102
Those who voted in the affirmative are,
Mr. Speaker, Anderson, Brabson, Burford, Gillespy, Greene,
Dolman, Jetton, Lytic, McClellan, Murray, Polk, Wyly—13.
Those who voted in the negative are,
Mr. Andrews, Bradford, Davis, Field, Frey, M'lver, and Per-
kins,—7.
And so said motion prevailed, and the amendment wTas made
and thereupon the bill was read as amended a 2d time and passed.
Received from the House of Representatives.
A bill to close the Bank and carry into effect the common
school system, which was read a first time and passed.
A resolution heretofore submitted by Mr, Wyly, relating to the
United States' Bank, was on motion of Mr. Wyly taken up and
read, and after undergoing much discussion was on motion of Mr.
Wyly, ordered to lie on the table until to-morrow.
A message from the House of Representatives by Mr. Campbell
their clerk.
MR. SPEAKER,
The Speaker of the House of Representa-
tives did this day sign an enrolled resolution appointing justices
of the peace for the counties of Dickson, Hickman and Montgom-
try. And then he withdrew.
Said resolution was signed by the speaker of the Senate and
ordered to be deposited in the office of the Secretary of State.
And then the Senate adjourned.
WEDNESDAY OCTOBER 19, 1831.
Mr. McClellan presented a memorial from sundry citizens of
Carter county, asking the appropriation of a sum of money to aid
the completion of a road leading through said county to intersect
a road made by the State of North Carolina, and a memorial
praying the appropriation of money to the improvement of a road
from a certain point on Doe River to Paperville in Sullivan coun-
ty, which were referred, on motion of Mr. M'Clellan, to the com-
rnitteeon internal improvement.
Mr. Wyly presented the petition of Jacob Lowdermilk, pray-
ing to be divorced from his wife Dorcas Lowdermilk, which was
referred, on motion of Mr. Wyly, to the committee on divorces.
Mr. Gillespy presented the petition of Samuel Wear, asking re-
lief for lands lest in Hiwassee District, which was referred, on
motion of Mr. Gillespy, to the committee on claims.
Mr. Jetton presented the return of an election held for Justice
of the Peace in Captain Wm, B. Morris' company of militia,in the
53rd regiment, which was referred, on motion of Mr. Jetton, to
103
the committee on captains' companies and Justices of the Peace
Mr. M'lver presented the petition of Anthony Walk, of Fayette .
county, asking permission to hawk and peddle without license;
and the petition of Jacob Tipton, John T. Brown, George Robin-
son and Nathan Hartsfield, securities of Andrew Greer, clerk of
the court of Pleas and Quarter sessions for Tipton county, and
ask their reference to the committee on propositions and grievan-
ces.
Mr. Bradford presented the petition of sundry citizens of Bed-
ford county, praying an amendment of the patrol law, which was
referred to the committee on propositions and grievances.
Mr. Murray from the committee on claims to whom was refer-
red the petition of George W. Shackelford, and the petition of
Nathan Jobe, reported that the committee have had the same
under consideration, consider them unreasonable and think the
prayer of the petitioners ought not to be granted—said report was
concurred in by the Senate.
Mr. Andrews from the committee on Internal Improvement in
the Western.District to whom was referred, "A bill to appropri-
ate certain money to the improving the navigation of Big Sandy ri-
ver," reported that the committee have had the same under con-
sideration, believe its provisions reasonable and recommend its
passage—said report was concurred in,the bill read a 2d time and
passed.
A message from the House of Representatives by Mr. Campbell
their Clerk.
MR. SPEAKER,
The House of Representatives again non
concur with your resolution proposing to make the committees of
the two houses on captains companies and justices of the peace a
joint committee. They nonconcur with your resolution directory
to the committee on internal improvement. The Blouse of Repre-
sentatives concur in your resolution appointing James Gregg,
Michael Weaver, Henry Ketsmiller, Vincent Easley and Joshua
Shipley, justices of the peace for Sullivan county—and in your
resolution requiring the committees of the two houses, on the
Kentucky line to act jointly on that subject. And also in your
resolution directory to the President and Directors of the Bank
of the State of Tennessee.
Mr. Anderson from the committee on Indian reservations, to
whom was referred, A bill to provide for the appointingof a board
of commissioners of arbitrim'ent for the decision of controversies
arising under the treaties of 1817 and 1819 concerning Indian
reservations, and for other purposes, reported an amendment
in lieu of the whole bill.
Mr. Gillespy asked leave to withdraw said bill and amendment
which was crranfcd.
10*
A bill to compensate Frederic S. Heiskell, for extra printing
and binding done on Hayvrood and Cobb's digest.
A bill for the benefit of Win, M'Coy.
A bill to authorise the Sheriff's of Lincoln and Giles counties
to appoint three deputies.
A bill to amend the stray laws.
A bill to extend the limits of the town of Jackson in the
county of Madison, And
A bill to incorporate the town of Denmark in the county of
Madison, were severally read a third and last time in both houses,
passed and ordered to be enrolled.
A bill for the benefit of the heirs of James Peak, deceased, of
White county, was read, and ordered to the table.
Mr. Gillespy submitted the following,
Resolved, by the General Assembly of the State of Tennessee,
That Messrs. Bradford and Polk from the Standing commtttee on
Banks, be appointed a select committee to act jointly with such
committee as may be appointed by the House of Representatives
to examine the state and condition of the principal Bank at Nash-
ville, to report the amount of funds on hand in said bank and re-
port thereon to this General. Assembly, and to make such other
examination, and report as they may deem right and proper.
Mr. Bradford moved to add Mr. Gillespy to the committee pro-
posed to be raised by said resolution, which motion prevailed,
and the rule requiring resolutions to lie on the table one day being
suspended, said resolution was adopted. Ordered that the clerk
acquaint the House of Representatives therewith, and ask their
concurrence therein.
Mr. Perkins submitted the following,
Resolved, by the General Assembly of the State of Tennessee,
That Samuel Corn and John Staples, be and they are hereby ap-
pointed justices of the peace for the county of Franklin.
On motion of Mr. Wyly, the Senate resolved themselves into a
committee of the whole, Mr. Frey in the chair, on the resolutions
submitted heretofore by Mr. Wyly and Mr. Jetton, in relation to
rechartering the United States Bank, and after much discussion
the committee rose reported progress and obtained leave to sit
again on tomorrow.
Mr. Polk from the committee on enrolled Bills, reported as cor-
rectly enrolled,
A bill to compensate Frederic S. Heiskell for extra printing and
binding done on Haywood and Cobb's digest—Said enrolled bill
was signed by the Speaker of the Senate and ordered to be trans-
mitted to the House of Representatives.
Mr. Gillespy introduced
A bill prescribing certain duties to the clerks of the several
104
courts in this State, which was withdrawn for amendment by Mr.
Greene.
Mr. Gillespy introduced
A bill to appropriate the taxes arising from Shows to county
purposes.
Mr. Hoi man,
A bill to authorize a pecinct election to be held in the county of
Fentress.
Mr. Murray,
A bill to repeal all laws and parts of laws in this State, making
turf racing lawful. And
Mr. Burford
A bill to prohibit the selling of spiritous in a less quantity than
one quart, all of which were severally read a first time and pas-
sed.
Mr. Brabson introduced
A bill for the relief of the clerk of the circuit court of Clai-
borne county, and for other purposes—said bill was read and
withdrawn for amendment by Mr. Wyly.
The Senate took up on a third and last reading in both houses,'
A bill authorizing imprisonment for misdemeanors in certain
cases, and proposed amending the same on motion of Mr. Bur-
ford, by inserting immediately after the word prosecution in the
2d section the following "And the defendant shall have given se-
curity for fine and cost."
Ordered that the clerk acquaint the House of Representatives
therewith and ask their concurrence therein.
A bill for the benfiet of Carrick W. Nelson of Carter county.—
And
A Bill for the benefit of the people living on Cumberland
mountain, in Warren county, were severally read a second time
and passed.
A bill for the benefit of the widow and heirs of James Blair,
deceased, was taken up and read. Mr. Anderson moved to strike
from said bill the preamble thereof, which motion prevailed, the
bill was then read as amended the third time and passed.
A bill for the relief of Edmund Bean, a citizen of Rhea coun-
ty, was on motion of Mr. Greene referred to the committee on
claims.
A bill to open and keep in repair the ford road in the counties
of Hawkins and Sullivan, was on motion of Mr. Anderson refer-
red to the committee on Internal Improvement.
THURSDAY MORNING, 20th OCTOBER, 1831.
Mr. Brabson presented the petition of sundry citizens of Grain-
100
ger county asking that the ford road on the North fork of Hoi-
ston,in the counties of Hawkins and Sullivan, be opened and kept
open, which was referred on motion of Mr. JESrabson to the com-
lntttee en internal improvement.
Mr. Dstvis presented the petition of Thomas Miles for a dupli-
cate warrant, accompanied by a plat and certificate made out by
the Surveyor of Maury county, both of which were referred on
motion of Mr. Davis to the committee on land claims.
Mr. Bradford presented articles of instruction signed by four
hundred and fifty three citizens ofBedford county, instructing the
Senators and Representatives from that county to vote for a reso-
lution rechartering the United States' Bank with certain modifi-
cations, which were ordered to lie on the table.
Mr. Fields from the committee on captain's companies and jus-
tices of the peace, to whom was referred sundry returns from
Clerks, shewing the number of militia companies, and justices of
the peace in their respective counties, made the following report,
(to wit:)
That the county of Claiborne is entitled to five magistrates more
than are now commissioned,
The county of Knox to 5,
The county of lloane 5
The county of Carroll 1
The county of Sullivan 6, including the five that are now in
nomination before the present General Assembly.
Mr. Greene moved a konconcurrence with that part of said-re-
port relating to Roane county, which motion prevailed. Mr. Gil-
lespy then moved to lay the report upon the table, which motion
also prevailed.
A message from the House of Representatives by Mr. Campbell
their clerk.
MR. SPEAKER,
The House of Representatives concur in
the Senate's resolution to appoint a sub committee on Banks, and
Siave appointed Messrs. Boddie, James Gray,Maury, Vernon, Eas-
ley and Dickinson to be of the said committee on their part. The
House of Representatives concur with the amendment proposed
by the Senate to "A bill authorizing imprisonment for misdemea-
nors in certain cases," said bill was withdrawn for further amend-
merit and examination by Mr. Wyly. The House of Representa-
tives have adopted a Resolution appointing Justices of the Peace
for the counties of Hickman and Bedford, a resolution appoint-
ing justices of the peace for the county of Fentress, and a reso-
lution appointing justices of the peace for the county of William-
son, in which they ask the concurrence of the Senate.
The Senate concurred in said resolutions.
The House of Representatives have adopted a resolution ap-
107
pointing a joint select committee to divide this State into Con-
gressional districts, to contain as nearly as may be fifty thousand
inhabitants, including three-fifths of all slaves, agreeably to the
census of 1830—they have also resolved that said committee di-
vide the State into theconstitutional number of Electoral districts,
to elect electors to vote for President and Vice President of the
United States, in which they ask the concurrence of the Senate.
And then he withdrew.
Mr. Gillespy moved a nonconcurrence with that part of the Re-
solution proposing to appoint a committee to divide the State into
Congressional districts, which was determined in the affirmative;
Ayes 15—Noes 4.
The Ayes and Noes being demanded constitutionally by Mr. .Gil-
lespy,
Those who voted in the affirmative are,
Mr. Speaker, Anderson, Andrews, Erabson, Bufford, Davis,
Field, Frey, Gillespy, Greene, Uolman, Jetton, Lytle, M'lver,
Polk—15.
Those who voted in the negative are,.
Mr. Bradford, M'Clellan, Murray, Wyly—4.
And so said- first part of said message and resolution was non
concurred in.
Mr. Burford then moved a non-concurrence with the balance
of said resolution. And the question thereon being had, "Will
the Senate non-concur?" it was determined ki the affirmative—
ayes 15—noes 4.
Those who voted in the affirmative are,
Mr. Speaker, Anderson, Andrews, Brabson, Burford, Davis'
Field, Frey, Gillespy, Greene, Holman, Jetton, Lytle, M'lver,
Polk—15.
Those who'voted in the negative are,
Mr. Bradford, M'Clellan, Murray, Wyly—4.
And so said motion prevailed.
Ordered that the clerk acquaint the House of Representatives
therewith.
Mr. Polk submitted the following:
Whereas, many difficulties are likely to ensue in consequence
of the resignation of Gideon J. Pillow, late pro. tem. solicitor for
the 9th district.
And whereas it is the opinion of the Judge presiding in that
circuit, that Edmond Dillahunty the present incumbent is not
authorised to act as the Representative of the State for the afore-
said district, under his late appointment, until the end of the
present session of the General Assembly, for the purpose there-
fore of relieving the Slate from all difficulties on that subject.
Resolved) by ike General Assembly of the State oj Tennessee, That
i OS
it is the opinion of the General Assembly, that Edmond Dillahun-
ty Esq. became the legally authorised attorney general, to prose-,
cute for and on behalf of the State, in the 9th district, from the
date of his commission.
The rule requiring resolutions to lie one day on the table being
suspended, said resolution was, on motion of Mr. Anderson, or-
dered to lie on the table, until the 1st day of March next.
Mr. Murray from the committee on claims, reported favorable
on a bill for the relief of Wilson Sanderlin and others, which bill
was read a 2nd time and passed.
Mr. Murray from the same, reported unfavorably upon a bill
for the benefit of Robert Cowan.
Said bill was, on motion of Mr. Gillespy, ordered to lie on the
table.
Mr. Greene returned with an amendment, which was received,
A bill prescribing certain duties to clerks of the several courts
in this State.
Said bill was read a first time and passed.
Mr, Wyly returned with an amendment,
A bill for the relief of the clerk of the circuit court of Claiborne
county, and for other purposes.
Said amendment was received, the bill read a first time and
passed.
Mr..Holman introduced
A bill to divorce Elizabeth Walden from her husband John
Walden.
Mr. Gillespy,
A bill to authorise the Register of the Hiwassee District to issue
grants in certain cases.
Mr. Jetton,
A bill to encourage Internal Improvement. And
Mr. Lytle,
A bill to compel guardians to give new securities in certain ca-
ses.
Said bills were severally read a first time and passed.
Received from the House of Representatives,
A bill making compensation to certain enterers and grantees
for their improvements between the two Kentucky lines.
Said bill was read a first time and passed.
A bill for the benefit of Peter Chilcut and A. H. White, was read
a 2nd time and passed.
Mr. Gillespy withdrew for amendment, '
A bill providing for the entry of the forfeited lands in the Hi-
ivassee District.
A bill for the benefit of Jesse Savage and others, was, on mo-
tion of Mr. Murray, ordered to the table.
109
Mr. Polk submitted the following:
Resolved, by the General Jlssembly of the State of Tennessee, That
James M. Baker be, and he is hereby appointed, a Justice of the
Peace for the county of Maury.
Mr. Greene, from the committee on forfeited lands ia the Hi-
wassee District, reported favorable on
A bill for the relief of Elizabeth Casey, made an amendment
thereto, and the question thereon being had, "Shall the bill pass?"
it was determined in the affirmative—ayes 14—noes 5.
Those who voted in the affirmative are,
Mr. Speaker, Anderson, Andrews, Brabson, Frey, Gillespy,
Greene, Holman, Jetton, Lytle, M'Clellan, M'lver, Polk, Wy-
ly—14.
Those who voted in the negative are,
Mr. Bradford, Burford, Davis, Field, Murray—5.
And so said bill passed its second reading.
Mr. Speaker Douglass having obtained leave of absence until
Monday next, Mr. Gillespy moved that Mr. Greene take the chair,
as Speaker, pro. tem. during his absence.
Said motion prevailed.
FRIDAY MORNING, OCTOBER, 2l, 1831.
Mr. Polk presented the petition of Agnes Rodgers, praying to be
divorced from her husband,' Win. Rodgers, which was referred
to the committee on divorces.
Mr. Wyly presented the petition of Dinah Deathridge^ praying
to be divorced from her husband, Russel Deathridge, which was
referred to the committee on divorces.
Mr. Bradford presented the memorial of sundry citizens reside
ing in that portion of country in which it is contemplated by a
bill, to establish a new county to be called De Kalb, asking that a
new county may be centered at the Stone Fort in Bedford county,
and asked that said memorial accompany said bill in its transmis-
sion to the House of Representatives.
Mr. Polk's resolution of yesterday, appointing James M. Baker
a Justice of the Peace for Maury county, was taken up, read and
adopted.
Ordered that the clerk acquaint the House of Representatives
therewith, and ask their concurrence therein.
Mr. Bradford submitted the following:
Whereas, according to the constitution of the United, States,
the apportionment of Representatives among the several States,
in Congress, is required to be made every ten years. And where-
as, according to the late census, it is probable that this Stale will
110
be entitled, either to twelve or thirteen members in the next Con-
gress—Therefore, in order to avoid the necessity of a called
session of the Genera! Assembly, to arrange districts for that pur-
pose. Be it resolved that the committee heretofore appointed to
take into consideration that subject, be instructed to report a bill
laying off" the State into districts for the purpose of electing thir-
teen members, provided Congress at its next session, fixes the ra-
tio So as to entitle this State to that number of Representatives, or
for the election of twelve members, provided Congress fixes the
ratio so as to entitle this State to that number of Representatives,
and that said bill shall require the Governor by proclamation to
notify the sheriffs of the different counties in this State, six months
previous thereto, to hold elections for members, in the districts
corresponding with the number of Representatives allotted to this
State.
And Mr. Wyly, the following:
Resolved, by the General Assembly of the State of Tennessee,
That Ebenezer L. Matthews and John Humphries be, and they
are hereby appointed, Justices of the Peace for the county of
Washington.
Received from the House of Representatives,
A bill to establish the county of De Kalb, in this State.
Mr. Bradford moved to lay said bill upon the'table until Tues-
day next.
Said motion was overruled, the bill read a first time and
passed.
Mr. Anderson withdrew for amendment,
A bill supplemental to an act passed in 1829, authorising Thorn-
as Butler to open a turnpike road. And
A bill to enable the citizens of Dickson county to build a court
house in that county, and for other purposes.
Received from the House of Representatives,
A bill to provide for the taking of the enumeration of the free
male inhabitants of this State.
A bill for the relief of George W. Churchwell.
A bill to amend an act entitled an act to authorise Allen M'Don-
aid to open a turnpike road.
A bill to prevent the destruction of fish by poison.
A bill to divorce Evelina Ball, and others therein named.
A bill, to amend an act entitled an act to incorporate the Nash-
villa and Franklin turnpike company.
A bill for the benefit of the quorum court of Williamson
county.
A bill to incorporate the Tennessee manufacturing company.
A bill to divorce Joab Brooks from his wife Sally.
A bill to change the time of holding regimental drill musters.
.111
A bill to release Hale's turnpike from the payment of a State
tax.
A bill explanatory of an act entitled an act authorizing the en-
tering and obtaining grants thereon for any quantity of land under
five thousand acres, and for other purposes.
A bill to incorporate the town Cornersville, in the county of
Giles.
A bill to encourage, toe manufacture of iron.
A bill for the relief of A.bert Thomas of Weakly county.
A bill to authorize Cain Broylesto open and establish a turn-
pike road across Paint mountain. And
A bill for the relief of Joseph Brown—said bills were severally
read a first time and passed.
A message from the House of Representatives by Mr. Campbell
their clerk.
MR SPEAKER,
The Speaker oi the House of Representatives did this day sign
an enrolled resolution appointing Justices of the Peace for the
counties of Fentress, Williamson^ Bedford and Hickman.
And then he withdrew.
The Speaker of the Senate signed said enrolled resolution,
and ordered it to be deposited in the office of the Secretary of
State.
Mr. Mclver introduced
A bill to amend an act entitled an act to authorize a lottery for
the benefit of the Covington Academy. And
A bill for the relief of the Covington Sentinels. And
Mr. Bradford
A bill to prevent members of the General Assembly from 'being
elected to any office created by the Legislature of which they are
members, during' the period for which they were elected. Said
bills were severally read a first time and passed.
Mr. Murray withdrew for amendment,
A bill to amend an act entitled an act to incorporate- a medical
society in the State of' Tennessee, passed the 9th day of Janua-
ry, 1830.
A bill to incorporate the town of Randolph in the county of
Tipton in this State.
A bill to divorce Anderson Hodges from his wife Jane Hodges.
And
A bill to divorce Jane Breeding from her husband Lindsey O.
Breeding-r-were severally read a 2d time and passed.
Mr. Murray returned with an amendment,
A bill for the benefit of Sandford & Mitchell, said amendment
was received, the bill read a second time and passed. .
Mr. Murray also returned with an amendment,
A bill for the relief of the citizens of Kingsport, in Sullivan
112
county. Said amendment was rejected, the bill read a second
time and passed.
A bill concerning justices of the peace. And
A bill to prevent Sheriffs and other officers holding elections
from opening the tickets of voters, were read and on motion or-
dered to lie on the table.
Mr. Anderson returned with an amendment,
A bill to enable the citizens of Dickson county to build a court
house, and for other purposes—said Bill and amendment were on
motion of Mr. Davis ordered to lie on the table.
And the Senate adjourned.
SATURDAY MORNING, OCTOBER 22nd, 1831.
Mr. Greene presented the petition of John Duncan, praying to
be divorced from his wife Elizabeth, which was referred, on mo-
•tion of Mr. Greene, to the committee on divorces.
Mr. Greene also presented the petition of John Grayson, asking
the privilege to hawk and peddle without paying a tax therefor,
vvhich -was referred, on motion of Mr. Greene, to the committee
on propositions and grievances.
Mr. Anderson from the committee on Indian reservations, to
whom was referred a bill for the relief of Miller Isbel and oth-
ers therein named—a bill for the relief of Allen D. Gentry—and,
a bill for the relief of William Kanard—reported that the com-
mittee had had the same under consideration, think the provisions
contained in said bills reasonable, and had instructed him tore-
commend their passage.
Said report and bills were, on motion of Mr. Anderson, ordered
to lie on the table.
Mr, Wyly from the committee on retrenchment, to whom was
referred a bill to reduce the fees on marriage license, reported that
the committee have had the same under consideration, and recora-
mend the rejection of the 2nd section of said bill, and in that
shape the passage of the bill.
Said report was concurred in so far as relates to the said 2nd
section, and the amendment made.
Mr. Davis moved to strike from the said bill the words "twenty-
five cents," which motion prevailed—ayes 11—noes 4.
The ayes and noes being constitutionally demanded by Mr. Gil-
lespy, _
Those who voted in the affirmative are,
Mr. Speaker, Greene, Brabson, Bradford, Holman, Lytle,
M'Clellan, M'lver, Murray, Polk, Davis, Field—11.
US
Those who voted in the negative are,
Mr. Anderson, Andrews, Gillespy, Wyly—4.
And so said motion prevailed.
Mr. Davis then moved to fill the blank occasioned by said strik-
ing out, by inserting the words "fifty cents," and thereupon the
question was had, and determined in the affirmative—ayes 8—-
noes 7.
The ayes and noes being demanded,.
Those who voted in the affirmative are,
Mr. Speaker, Greene, Brabson, Bradford, Davis, Holman, M'-
Clellan M'lver, Murray—8.
Those who voted in the negative are,
Mr. Anderson, Andrews, Field, Giilespy, Lytle, Polk, Wyly—7.
And so said motion prevailed, and the bill read as amended
a 2nd time and passed.
A resolution submitted on yesterday by Mr. Wyh, appointing
Justices of the Peace for Washington county, was taken up, read
and adopted.
The preamble and resolution submitted 6n yesterday by Mr.
Bradford, directory to the select committee appointed heretofore
to enquire into the expediency of laying off the congressional dis-
tricts in this State, agreeably to the census of 1830, was taken
up, read, and, on motion of Mr. Bradford, ordered to the table.
Mr. Anderson returned with an amendment in lieu of the
whole,
A bill supplemental to an act passed November 1819, authoriz-
ing Thomas Butler and others to open a turnpike road.
Said amendment was received, the bill read a first time and:
passed.
A bill authorising the Governor, to appoint an agent to bring
to a close the business of the late Mason Lee, of South Carolina,
was read a 2nd time and passed.
Mr. Murray introduced
A bill to divorce Robert Baker from his wife Charlotte, and for
other purposes. And
Mr. Andrews,
A bill to change the time of holding the court of Pleas and
Quarter sessions for Henderson county.
Said bills were severally read a first time and passed.
Mr. Gillespy returned with Mr. Anderson's amendment,
A bill to appoint a Board of Commissioners ,of arbitrament, for
the decision of controversies arising under the treaties of 1817
and 1819, concerning Indian reservations, and for other purpos-
es.
Said bill and amendment were, on motion of Mr. Brabson, or«
dered to lie on the table.
Received from the House of Representatives,
0
114
A bill making an appropriation for the completion of the peni-
tentiary established in this State.
A biil to authorise Timothy Dotson to build a bridge ocross
Stone's river, at or near the ford at Clover Bottom.
A bill to establish a new militia company in the county of Wil-
eon, and for other purposes.
A bill to tax the retailers of spiritous liquors, and to appropri-
ate the money arising therefrom to common schools.
A biil to exempt certain citizens of Humphreys county from be-
ing subject to toll at Sandy Bridge. And
A bill for the relief of Wm, Pope, all of which were severally
read a first time and passed.
The Senate then adjourned until Monday morning, 10 o'-
clock.
MONDAY MORNING, OCTOBER 24, 1831.
Mr. M'Clellan presented the report and memorial of John O'-
Bneu, Caleb Smith, James J. Tipton, and Wm. Gott, commis-
sinners 1o superintend the building of bridges across Doe river
at certain fords, asking a further appropriation of one hundred
and twenty dollars, which was referred, on motion of Mr. M'Clel-
lan, to the committee on Internal Improvement.
Mr., Wyly presented a letter from Joshua Boreing, protesting
against the petition of Jacob Lowderinilk for a divorce from his
wife Dorcas, and requested that the same might accompany said
petition.
Mr. Wyly also presented the return of the clerk of the county
court of Washington county, shewing the number of captains'
companies and Justices of the Peace in said county, referred, on
motion of Mr. Wyly, to the committee on captains companies;.and
also the returns of said, clerk, shewing the amount of taxable
property in said county, for the years 1829 and 1830. Mr. Wyly
remarked that said returns were found among the papers of the
Hon. John Tiptori since his decease, and moved that the same be
referred to the committee on Finance, which reference was made.
Mr. Wyly also presented the memorial of sundry citizens of
Washington and Greene counties, asking the passage of a law al-
lowing Justices' cf the Peace compensation for' their services;
which was referred, on motion of Mr. Wyly, to the Judiciary com-
mittee.
Mr. Brabson presented the petition of Noah Miller, praying to
be divorced from his wife Alcy Miller; which was referred, on
motion of Mr. Brabson, to the committee on divorces.
Mr. Lytic presented the petition of Julia Jones, of Davidson
*15
county, praying to be divorced from her husband, t)erasey Jones.
Said petition was referred, on motion of Mr. Lytic, to the com-
mittee on divorces.
Mr. Andrews presented the memorial of William Eaton, asking
permission to hawk and peddle south and west of the congression-
al reservation line, without obtaining license therefor.
Said memorial was referred, on motion of Mr. Andrews, to the
committee on'claims,
A bill authorising the Governor of the State of Tennessee to
appoint ail agent to bring to a close the business of the late Ma-
son Lee, of South. Carolina, and for other purposes, was read a
third time and passed.
Mr. Wyly returned without amendment,
A bill authorising imprisonment for misdemeanors in certain
cases.
Said bill was, on motion ofMr. Field, ordered to the table.
A bill concerning Justices of the Peace, was taken up, on its
2nd reading. And the question thereon being had, "shall the bill
pass?" it was determined in the negative—ayes 7—-noes 9
The ayes and noes being demanded constitutionally by Mr. Gil-,
lespy,
Those who voted in the affirmative are,
Mr. Speaker, Greene, An.derson, Andrews, Bradford, Burford,
Gillespy, Wyly—7.
Those who voted in the negative are,
Mr. Brabson, Davis, Field, Holman, Lytle, M'Clellan, M'lver,
Murray, Polk—9*
And so said bill was rejected.
Mr. Polk from the committee of enrolments, reported as correct-
ly enrolled,
An act to extend the limits of the town of Jackson, in the coun-
ty of Madison. And
An act to incorporate the town of Denmark, in the county of
Madison.
The Speaker of the Senate signed said enrolled bills, and or-
dered them to be transmitted to the House of Representatives, to
receive the signature of their Speaker.
A message from the House of Representatives by Mr. Campbell
their clerk.
MR. SPEAKER,
The Speaker of the House of Representatives did .this day sign
an enrolled bill entitled
An act for the benefit of the widow and heirs of James Blair,
deceased.
An act to amend an act entitled an act authorising John Brown
to open and keep up a turnpike road, passed the 9th day of Janu-
ary, 1831). And
116
An act authorising the Governor of the State of Tennessee to
appoint an agent to bring to a close the business of the late Mason
Lee, of South Carolina,and for other purposes.
The Speaker of the Senate "signed said enrolled bills, and or-
dered them to be deposited in the office of the Secretary of State-
The House of Representatives have adopted 'resolutions ap.
- pointing Justices of the Peace for the counties of Hamilton arid
Madison, in which they ask the concurrence of the Senate. And
then he withdrew.
" " The Senate concurred with said resolutions, and directed the
clerk to acquaint the House of Representatives therewith.
Q.n motion of Mr. Bradford,
Ordered that the following be added to the rules for the govern-
merit of the Senate.
Rule.—All bills of a general nature shall be taken up and read
in the forenoon, and bills of a local and private nature, shall be
taken up and read in the afternoon of each day.
A bill to secure and provide for t he collection of the legitimate
revenue of this State was read a third time and passed.
. Mr. Hoi man moved the Senate to reconsider said bill, which
was determined in the affirmative—Ayes 11—noes—6.
The ayes and noes being demanded constitutionally by Mr.
Greene,
Those who voted in the affirmative are,
Mr. Speaker, Anderson, Andrews, Brabson, Bradford, Burford,
Field, Holman, M'Clellan, Polk, Wyly—11.
Those who voted in the negative are,
Mr. Davis, Gillespy, Greene, Lytle, MTver, Murray—6.
And so said bill was reconsidered.
Mr. Field moved to strike from said bill the 1st section thereof,
which motion prevailed—ayes 9, noes S.
The ayes and noes being demanded,
Those who voted in the affirmative are,
Mr. Anderson, Brabson, Bradford, Burford, Field, Holman,
M'Clellan, Polk, Wyly—9.
Those who voted in the negative are,
Mr. Speaker, Andrews, Davis, Gillespy, Greene, Lytle, M'lver,
Murray—8.
And so said first section was stricken therefrom.
Mr. M'Clellan then asked and obtained leave to withdrew said
bill for amendment.
A bill*to compel constables to pay a poll tax and to work on
public roads, Was read a third time and passed.
• A bill to prevent appeals in certain cases from before Justices
of the Peace in certain cases, was taken up on its second read-
ing, and the question thereon being had, "shall the bill pass?" it
was determined in the negative. Ayes 3—Noes 13.
117
The ayes and noes being demanded,
Those who voted in the affirmative are,
Mr. Bradford, Holman, M'Clellan—S.
Those who voted in the negative are,
Mr, Anderson, Andrews, Brabson, Burford, Davis, Field, Gih
lespy, Greene, Lytic, M'lver, Murray, Polk, Wyly—13. '
And so said bill was rejected. , j
A bill for the benefit of Carrick W. Nelson, was taken up, op
its third and last reading in both Houses, and thereupon the ques-
tion was had, "shall the bill pass?" and determined in the negq-
tive—ayes 8—noes 9. i
The ayes and noes being constitutionally demanded by Mr.
M'Clellan, ^ f
Those who voted in the affirmative are, '
Mr. Anderson, Andrews,Gillespy, Holman, Jetton,Lytle,M'CleI-
lan, Murray—8.
Those who voted in the negative are,
Mr. Speaker, Brabson, Burford, Davis, Field, Frey, Greene,
M'lver, Wyly—9.
And so said bill was rejected.
Mr. Wyly moved a reconsiderstion of the vote just given,
which prevailed.
Mr. Davis then asked and obtained leave to withdraw sajd bill
for amendment. • I
Mr. Greene submitted the following, I
Resolved, That any member moving to lay a bill or resolution
on the table except to a definite day, shall be required to call it up
within two days for consideration. I
Resolved, That no bill shall be reconsidered the second timeL and
that the foregoing when adopted shall be added to the rules of
the Senate, and the rule being suspended requiring resolutions to
lie one day on the table, Mr. Burford moved a division' of the
question, which being sustained the-first resolve was put upon its
adoption and determined in the negative. Ayes 8—Noes 10.
The ayes and noes being demanded,
Those who voted in the affirmative are,
Mr. Speaker Douglass, Andrews,Davis, Frey, Gillespy, Greene,
Lytle, M'lver—8.
Those who voted in the negative are, ,
Mr. Anderson, Brabson, Bradford, Burford, Field, Doltoan,
M'Clellan, Murray, Polk, Wyly —10.
And so said first resolve was rejected.
The question was then taken upon the adoption of the second
resolve, and determined in the affirmative. Ayes 15—Noes 3.
The ayes and noes being demanded,
Those who voted in the affirmative are,
Mr. Speaker Douglass, AndersoD, Andrews, Burford, Davis,
118
Field, Frey, Gillespy, Greene, Lytle, McClellan, M'lver, Murray,
Folk, Wyly—15.
Those who voted in the. negative are,
Mr, Brabson, Bradford, Ho'.mao—3.
And so said 2d resolve was adopted.
, A bill to prescribe the manner in which costs in criminal cases
anal! be paid, and for oilier purposes, was on motion of Mr. Hoi-
mart ordered to lie on the table.
Mr. Ho)man introduced
A bill for the benefit of Overton county. And
i Mr. Murray
A bill to incorporate the town of Troy in the county of Obion.
jSaid hills were severally read a lirst time and passed.
Received from the House of Representatives,
A bill to suppress open and notorious lewdness and for other pur-
poses.
A bill to authorize the commissioners of the Bean Station turn-
t pike road to pay interest on certain money.
A bill for the encouragement of Salt works.
A bill to repeal part of an act entited an act to make two regi-
men is by .a division of the 5th regiment, passed Oct. 12th, 1829.
A bill for the benefit of John Jett, John Chism, Thomas Bounds
and John Lyon.
A bill for the benefit of William Moore of Gibson county.
A bill for the rel ief of Amy Wherry of the county of Wilson.
A bill to authorize the county court of Knox county to levy a
tax to aid in erecting a court-house.
Ajbill for the relief of Demsey Corbit and others.
A lb i 11 for the relief of Eliza Ditmore.
A bill for the benefit of Isaac Low and D. C. Chamberlain. And '
A bill to incorporate the Sommerville Female Academy.
All of which were severally read a first time and passed.
A bill for the relief of the clerk of the circuit court of Claiborne
county, and for other purposes.
A bill to incorporate the Trustrees of Brownsville academy in
the county of Haywood.
A bill to authorise a precinct election to be held in the county
of Fentress, and for other purposes.
A,bill for the benefit of Nathaniel W. Butler.
A bill to exempt the militia of th 5Slb Regiment in the county
of Morgan, from attending Battalion musters.
A bill to amend an act entitled an act to extend the turnpike
road granted to-William Reynolds, passed Nov. 25th, 1829, and
for other purpose.
A bill for the relief of Sallv Martin.
A bill to authorize Amos Marney to open and keep up a turn-
pike road. And
1J9
A bill to establish a precinct election in Greene county,—were
severally second time and passed.
And then the Senate adjourned.
TUESDAY MORNING, OCTOBER 2B, 1831.
Mr Polk from the committee on enrollments reported as cor,-
rectly enrolled "A resolution appointing Justices of the peace frjr
the county of Sullivan," said resolution was signed by the Spe^-
ker of the Senate, and ordered to be transmitted to the House of
Representatives.
Mr. M'Clellan from the committee on divorces to whom was refer-
ed,A bill to provide for the divorce of Maria Harp from her husband
Nathaniel Harp, reported that the committee have had the same
under consideration, think its provisions reasonable, and advise its
passage—said bill was read a first time and passed.
Mr. McClellan from the same to whom was referred the petition
of Dinah Deathrklge, the petition of Lucinda Farrow, and the pe-
tition of Noah Miller, praying for divorces, reported that the com-
mittee have had the same under consideration, think them rea-
6onable, and had instructed him to report A bill to divorce Noah
Miller from his wife Alcy Miller, and for other purposes, and to
recommend its passage—said bill was read k first time and pas-
sed.
Mr. McClellan from the same, to whom was referred the peti-
tion of Minerva F. White, and the petition of Jacob Lovvdermilk,
reported that the committee have had the same under considera-
tion, think the prayer of the petitioners unreasonable and ought
not to be granted—said report was concurred in by the Senate.
Mr. Field from the committee on captain's companies and jus-
tices of the peace, to whom was referred the return of the clerk
of the county court of Maury county, shewing the number of jus-
tices of the peace and militia companies in said county, and a re1"
solution appointing justices of the peace for said county of Maury,
reported that the committee have examined the same, and had in-
structed him to advise <he adoption of said resolution—said reso-
lution was read and adopted. 1
A resolution heretofore submitted bv Mr. Perkins appointing
justices of the peace for the county of Franklin, j was taken up,
read and adopted. Ordered, that the clerk acquaint the House of
Representatives therewith, and ask their concurrence therein.
Mr. Lytle submitted the following, ,
Resolved, by the General Assembly of the State of Tennessee,
That Jonathan Browning, John G. Bowers, Williarn James, John
Wright, James Sims, Howell Harris, Francis 3^1'Gavock, James
120
Thompson, Wffi. II. Hagans and Joseph W. Horton be, and they
are hereby-appointed, Justices of the Peace for the county of Da-
tidson.
Mr. Field introduced
A bill for the benefit of Garnishees, which was read a first time
and passed.
Mr. Gill espy returned with an amendment which was received,
A bill providing for the entry of the forfeited lands in the Mi was-
spe district.
^ Mr. Anderson asked and obtained leave to withdraw said bill
fgr further amendment.
< A bill to incorporate a board of internal improvement east of
• Cumberland mountain, and for improving the navigation of the
Tennessee and Holston.rivers, was, on motion of Mr. Greene, re-
ferred to the .committee on internal improvements.
A bill authorising imprisonment for misdemeanors in certain
cases, was taken up on a third and last reading in both Houses,
and thereupon the question was had, "shall the bill pass?" and
determined in the negative—ayes 7—noes 13.
The ayes and noes being demanded,
Those who voted in the affirmative are,
Mr. Andrews, Burford, Frey, Gillespy, Greene, Lytle, Mur-
ray—7.
Those who voted in the negative are,
Mr. Speaker, Douglass, Anderson, Brabson, Bradford, Davis,
Field, Holman, Jetton, M'Clellan, M'lver, Perkins, Polk, Wy-
ly—13.
And so said bill was rejected.
A bill to enable the citizens of Dickson county to build a court
house in said county, and for other purposes, was, on motion of
Mr. Davis, referred to the committee on Finance.
Mr, Field from the committee of enrolments, reported as cor-
reclly enrolled, a resolution appointing Justices of the Peace for
Henderson county.
The Speaker of the Senate signed said resolution, and ordered
it to be transmitted to the House of Representatives.
A bill for the benefit of the citizens living on Cumberland rrioun-
tain in Warren county.
A bill for the. relief of Elizabeth Casey, of Rhea county. And
A bill to appropriate certain money to the improvement of the
navigation of Big Sandy river, were severally read a third and last
time in both houses, passed and ordered to be enrolled.
Mr.'Holrnan introduced
A bill to authorise Jose C. Dew & Co. to build a toll bridge
across the falling Water in White county. And
Mr. Murray,
A bill to regulate the toll at Robert Jetton's turnpike gate at
121
Sandy Bridge, which were severally read a first time and passed.
Received from the House of Representatives
A bill to authorise James M'Kinley and Lewis Fletcher, to open
a turnpike road.
A bill to authorise David S. Shelton, to build a wing mill dam
on Sequatchee river. And
A bill to authorise the proprietors of the Unicoy turnpike road
company to enter certain lands heretofore reserved to said com*
pany; which were severally read a first time and passed.
Mr. Davis introduced
A bill to amend an act entitled an act to compel the corrimis-
sioners of the town of Lavvrenceburgh fo close tue business, and
to appropriate the monies in their hands to county purposes,
passed December 7th, 1829; which was rhad a first time and
passed.
A bill to authorise a lottery for the continuation of Union
street in the city of Nashville.
A bill for the benefit of Daniel D. Foute, of Blount county.
And
A bill to authorise the register of the Hiwassee district to is-
sue grants in certain cases, were severally read a second time ?md
passed.
A bill for the relief of Montgomery Irvine, Jailer of Sullivan
county. And
A bill to amend an act passed the 13th January, 1831, entitled
an act to prescribe the manner of holding elections to elect rriein-
bers of Congress, members of the General Assembly, and elec-
tors, to elect the President and Vice President of the United
States, in the county of Knox, were severally read a third time
and passed.
Mr. Murray returned
A bill to amend an act to incorporate a medical society in the
State of Tennessee; which was, on motion of Mr. Murray, order-
ed to lie on the table.
Mr. Davis returned with an amendment providing for Hezekiah
B. Mitchell and James Banks—A bill for the benefit of Carrick
W. Nelson, of Carter county.
Said amendment was received—Mr. Burford offered an addi-
tional section thereto for the benefit of John Walters, of Smith
county; which was also received.
Mr. Greene asked and obtained leave to withdraw said bill for
further amendment.
Mr. Holman withdrew for amendment,
A bill to appoint commissioners upon Plale's Turnpike road,
in White and Bledsoe counties. And
A bill making compensation to certain enterers and grantees,
for their improvements between the two Kentucky lines.
122
A bill for the benefit of Henry Liggett. Aud
A bill to authorise Alexander Dugger taopen and keep up a
turnpike road, were, on motion, ordered to lie on the table.
And then ttie Senate adjourned.
WEDNESDAY, OCTOBER, 26, 1331.
Mr Greene asked and obtained leave to enter the following pro-
te*t
lit the exercise of the sacred privilege secured by the constitu-
tion of our common country, 1 feel that 1 do no more than duty
and justice require, in submitting the reasons that influenced me
to oppose and vote against the motion of the Senator from Giles,
to strike out the first section of the bill to provide for the collec-
tion of the legitimate revenue of the State. By the provisions of
that section, the grantee was required to ascertain and list for
taxation the true quantity of land, covered by the mammoth grants
issued by the Slate of North Carolina, (according to the true butts
and hounds specified therein) which, upon examination, might be
found to exceed the quantity called for.
It is a remarkable fact, that notwithstanding the said first sec-
lion lias been stricken from the bill, the propriety, justice, aad
equity of its provisions have not been, nor can they be, ques-
tinned. Confronted as we are, by the plain language of the 26th
sect ion * i line 1st article of- the constitution of our State, which
provides that all lands liable to taxation in this State, held by
deed, grant or entry, shall be taxed equal and uniform, in such
manner that no One hundred acres shall be taxed higher than ano-
tlier, is so obvious, clear and distinct, that the injustice done the
State, as well as the counties in which such grants are located,
by the destruction of said 1st section, is too manifest to require
further illustration. With the single view to avert the frauds
practised on the State and county revenue, (by evading the pay-
merits of the legitimate tax,on the excess of lands held under such
grant*,) was thai section penned; by its destruction the true and
ostensible object of the whole bill is defeated. I therefore ask
leave to.record, this my protest, against so invidious an opera-
tion of our land laws, in the unequal taxation thus recognized in
of the lew, but wealthy and large landholders, to the evi-
h nt oppression of the many, but poorer class of citizens, by the
>>• < ( ,.;;uv .tud unavoidable increase of taxation on them, to sup-
pi) tite lieiicieircy, resulting from the exemption of many hund-
red thousand aoressgof land from taxation held by grants from
North Carolina.
JAMES I. GREENE.
123
Mr. Speaker Douglass presented the resignation of Wm. Sea-
well, a Justice of the Peace for the county of Wilson, which waa
read, accepted, and ordered to be transmitted to the House of Re-
preventatives,
Mr.Field presented the return of the clerk of the circuit court
of Giles county, shewing the amount of tax colim-'i d by him on
suits, deeds, &c. from October 1st 1829 to the I *i of Octoner 1830,
which was referred, on motion of Mr. Field, to the committi e on
Finance.
Mr. Murray presented the petition of Robert Baker, praiingto
be divorced from his wife Charlotte, which was referred, on mo-
lion of Mr. Murray, to the committee on divorces.
Mr. Murray also presented a memorial from sundry citizens of
Henry county, asking the passage of a law allowing Justics of
the Peace compensation for tneir services, which was refined,
on motion of Mr. Murrav, to the Judiciary committee.
Mr. M'l ver, from the committee on propositions and grievan-
ces, to whom was referred the petition of John Grayson, of Mon-
roe county, reported that the committee have had the same utnbr
consideration; that they believe the prayer of the petit'tom r rea-
sonable, and had instructed him to report a bill for the benefit of
John Grayson, of Monroe county.
Said bill was read a first time and passed.
Mr. M'lver from the same, reported favorable on the petition
of R. A. M'Ree, which was ordered to be transmitted to the House
of Representatives on motion of Mr. Andrews.
Mr. M'lver, from the same, reported unfavorable on the peti-
tion of Lucinda Allen.
Mr. Greene moved a non-concurrence with said report, which
prevailed, and asked, and bblained leave, to withdraw the same.
Mr. M'lver, from the same, reported favorable on the petition of
M'Ewing and M'Amy, which was concurred in by the Senate.
Mr. M'lver, from the same, to whom was referred a bill for the
relief of John R. Charier, of Hickman county, reported that the
committee have had the same under consideration, think its pro-
visions reasonable, and recommend its passage.
Said bill was then read, and the question thereon being had,
"shall the bill pass?" it was determined in the affirmative—Ayes
11—noes 8.
The ayes and noes being constitutionally demanded by Mr. Wy-
T! lose who voted in the affirmative are,
Mr. Anderson, Andrews, Bradford, Davis, Gillespy, Greene, Jet-
ton, Lytle, M'lver, Perkins, Polk—11.
Those who voted in the negative are,
Mr. Speaker, Douglass, Brabson, Burford, Field, Frey, M'Clel-
lan, Murray, Wyly—8.
124
And so said bill passed its second reading.
A message from the House of Representatives by Mr, Campbell
their clerk.
MR. SPEAKER,
The House of Representatives concur with
the Senate's resolution appointing Justices of the Peace for the
county of Franklin.
The Speaker of the House of Representatives did this day sign
an enrolled resolution appointing Justices of the Peace for the
counties of Madison and Hamilton. And then he withdrew.
The Speaker of the Senate signed said enrolled resolution, and
ordered it to be deposited in the office of the Secretary cf State.
Mr. Lytle's resolution of yesterday appointing Justices of the
Peace for Davidson county, was taken up, read and adopted.—
Ordered that the clerk acquaint the House of Representatives
therewith, and ask their concurrence therein.
Mr. Greene returned with an amendment,[a bill] for the benefit
of the heirs and legal representatives of John McEwen, deceased,
and James McArny, deceased.
"A bill for the benefit of Carrick W. Nelson , of Carter county."
Mr. Burford offered an additional amendment thereto, for the
relief of John Walters of Smith county, and Mr. Davis an amend-
ment for relief of Hezekiah B. Mitchell and James M. Banks, all
of which were received, and the bill being upon its third and last
reading in both Houses, it was ordered that the clerk by message
acquaint the House of Representatives therewith, and ask their
concurrence therein.
Mr. McClellan returned with an amendment in lieu of the whole
from the enacting clause, A bill to secure and provide for the col-
lection of the legitimate revenue of this State—said bill and
amendment \vere withdrawn by Mr. Burford for further amend-
irient.
Mr. Murray submitted the following,
Resolved, by the General Assembly of the State of Tennessee,
That John Thomas, Stephen Goolsby, Paul M. Palmer, Ebenezer
Craig, James D. Thomas, William Todd, John Sarett and John F.
Cavette, be and they are hereby appointed Justices of the peace
for the county of Weakly.
Mr. Gil!espy the following,
Resolved, by the General Assembly of the State of Tennessee,
That the keeper of the Penitentiary is hereby authorized to admit
visiters to the interior of said Penitentiary, according to his own
discretion, during the present session of this general assembly.
Mr. Anderson the following,
Resolved, That the President and Directors of Bank of the State
of Tennessee, at Nashville report to this General Assembly, what
the prospects are of having an amicable adjustment with the late
135
cashier of the Bank of State of Tennessee at Nashville and his
securities so as to secure the amount that said cashier is charge-
able with. W hat are the precise propositions that have been
made, if any such have been made by said cashier or his securi-
ties to secure the amount due from said cashier to said Bank; arid
in fine to report every reason, term, proposition and offer which
have induced the board of Directois to delay bringing suit against
said Cashier and his securities; and what offers are now made to
secure said debt. Also to state whether said Cashier has given
more, than one bund to the Bank, and if so to state the dates of
the bonds, the amount of the penalty in each, and the names of
the securities to the several bonds that may have beeu given.
And Mr. Brahsnn the following,
itcsolvcd, Thai the Senate will hereafter take up bills on their
3d reading fust; then hills o.i their 2d reading, and next bills on
their 1st reading, and that they shall be kept filed according to
the foregoing order, and that it shall not be in order for any mem-
ber to call uphills out of their respective classes, but they shall
be put to the Senate each in tiieir turn according to the above
rules, as well those of a private as of a public character.
A bill making an appropriation for the completion of the Peni-
tentiary established in this State, was referred on motion of Mr.
Burford to the Penitentiary committee.
A message from the House of Representatives by Mr. Campbell
their Clerk.
MR. SPEAKER,
The House of Representatives nonconcur with the several
amendments proposed by the Senate to a bill for the benefit of
Cairick W. Nelson of Carter county. And then he withdrew.
The Senate receded from said proposed amendments, and the
bill was read a third and latU time in both Houses, passed and or-
dered to be enrolled.
The Senate took up a bill to reduce the salaries of the Judges
of the Supreme Court to one thousand dollars. Mr. Davis mov-
ed to strike out the words one thousand dollars, for the purpose
of inserting five hundred dollars, which motion was lost.
Mr. Bradford offered the following as an amendment thereto,
Be it enacted, That the salary of the Circuit courts Judges of
this State, be henceforward one thousand dollars and no more;
and thereupon the (piestion was had,"Will the Senate receive said
amendment," and determined in the affirmative. Ayes 12—Noes
8.
The ayes and noes being demanded,
Those who voted in the affirmative are
Mr. BradiOrd. Burford, D»vis, Gillespy, Greene, Holman, Jet-
ton, Lytle, McClellan, Mclver, Perkins, Wyly—12.
126
Those who voted in the negative are
Mr. Speaker Douglass, Anderson, Andrews, Brabson, Field,
Frey, Murray, Polk—8.
And so said amendment was received.
Mr. Gillespy offered an amendment to said bill fixing the sala-
ries of the Chancellors of this State,-to one thousand dollars, and
the question thereon being had it was determined in the negative.
Ayes 9—Noes 11.
The ayes and noes being constitutionally demanded, .
Those who voted in the affirmative are
Mr. Bradford, Gillespy, Greene, Holman, Jetton, McClellan,
Melver, Perkins and Wyly—9.
Those who voted in negative are
Mr. Speaker Douglass, Anderson, Andrews, Brabson, Burford,
Davis, Field,Frey, Lytle, Murray, Polk—11.
And so said amendment was rejected.
Mr. Brabson then moved the indefinite postponement of the bill,
and thereupon the question was put, and determined in the neg-
ative. Ayes 8—Noes 12.
The ayes and noes being demanded,
Those who voted in the affirmative are,
Mr. Anderson, Andrews^ Brabson, Field, Frey, Jetton, Mclver,
Murray—8.
Those who voted in the negative are,
Mr. Speaker Douglass, Bradford, Burford, Davis, Gillespy,
Greene, Holman, Lytle, McClellan, Perkins, Polk, Wyly—12.
And so said motion was lost.
The bill was then put upon its passage and carried. Ayes 12—
Noes 8.
The ayes and noes being demanded,
Those who voted in the affirmative are
Mr. Speaker Douglass, Bradford, Burford, Davis, Gillespy,
Greene, Holman, Lytle, McClellan, Perkins, Polk and Wyly—12*
Those who voted in the negative are,
Mr. Anderson, Andrews, Brabson,Field, Frey, Jetton, Mclver,
and Murray—8.
And said bill passed its second reading.
A bill for the relief of the occupants south and west of the
congressional reservation line;
A bill for the relief Wm. Pope.
A bill to-amend an act passed December 23d, 1829, entitled an
act to extend the town of Brownsville, and for orher purposss.
A bill to establish a town in the county of Henry. And
A bill to compensate Jurors in Sullivan county, were severally
read a 2d time and passed.
Mr. Anderson returned with an amendment,
A bill providing for the entry of the forfeited lands in the Hi-
127
wassee district, said bill was on motion of Mr. Anderson ordered
to lie on the table.
A bill to amend the Judicial system of the State of Tennessee,
was on motion of Mr. Ander&on iekrred to the Judiciary commit-
tee.
Mr. Perkins introduced,
A bill for the benefit of Nancy McClanathan, which was read a
first time and passed.
Received from the House of Representatives.
A bill providing for the leasing of lands which have been set
apart for common schools and for the keeping of common English
schools on the same.
A hill to appropriate the school lands in the Hiwasgee district
to the use of schools for the instruction of children therein.
A bill for the benefit of Wm Gibson.
A bill to establish the 17th Solicitorial district in this State.
A bill for the benefit of George Wallis of Wayne county. And
A bill for the benefit of Richard Locke, all of which were sev-
erally read a first time and passed.
The Senate took up,
A bill for the relief of Peter Chilcut and A. H. White,
Mr. Bradford offered an amendment thereto, requiring the said
Chilcut & White to make oath before some justice of the peace,
that they have not been indemnified in their securityship by St.
Leger, before they receive the benefit intended by said bill.
And Mr. Gillespy an amendment for the relief of James Rose
and others, securities of Hiram M. Marray.
Said amendments were received, and the bill being upon its 3d
and last reading in both Houses, it was ordered that the clerk ac-
quaint the House of Representatives therewith and ask their con-
currence therein.
Mr. Holman returned without amendment,
A bill to appoint a commissioner upon Hail's turnpike road
in White and Bledsoe counties
Said bill was read a first time and passed.
A bill to divorce Robert Baker from his wife Charlotte, was re-
ferred on motion of Mr. Murray to the committee on divorces.
Mr. Perkins withdrew for amendment,
A bill to establish the county of De Ifalb, in this State.
And the Senate adjourned.
THURSDAY MORNING, OCTOBER 27, 1831.
Mr.M'Clellan presented the petition of Montgomery Irvine, ask
12S
king compensation for keeping William Crutchfield in the Jail of
Sullivan county, and also the petition of sundry citizens of Sulli-
van county, asking relief for the witnesses on the part of the State
in the case of the. State, vs. James Havron; both of which were
referred, on motion of Mr. M'Clellan, to the committee - on
claims.
of r. (a 111 espy presented returns of elections for Justices of the
Peace for Monroe county, and asked their reference to the com-
notice on militia companies and Justices of the Peace.
Mr. GiiJespy also presented tee petition and remonstrance of
James Houston, accompanied by other instruments, which was
referred, on motion of Mr. Gillespy, to the committee on propo-
sitionsand grievances.
Mr. Mutray from the committee on claims, to whom was re-
ferred the petition of William Eaton, reported that the committee
have had the same under consideration, think the prayer of the
petitioner reasonable, and had instructed him to report UA bill for
the relief of William Eaton of Henderson county. Said bill was
read a first time and passed.
31 r. M'Clellan from tlie committee on divorces, to whom was re-
ferred a bill to divorce Robert Baker from his wife Charlotte, and
for other purposes, reported that the committee have had the
same under consideration, think its provisions reasonable, and had
instructed him to advise its passage.
Said bill was read a 2nd time and passed.
Mr. Giliespy from the committee on school lands, to whom was
referred a bill for the relief of Nimmd Dodson, reported that the
committee have examined the provisions of the same, think them
reasonable, and had instructed him to recommend its passage with
an amendment, requiring the Treasurer to pay him out of monies
arising from school lai.ds in Warren county, instead of West Ten-
nessee. Said report was concurred in, the amendment, made, and
the bill withdrawn by Mr. Perkins, for further amendment
Mr. Greene from the committee on internal improvement, re-
ported that the committee have had under consideration, the bill
to them referred, providing for the establishment of three boards
of interna! improvement, and for placing the funds of the State set
apart, and appropriated by the 18th General Assemby, for the irn-
provement of the navigable rivers and other objects of internal im-
provement in this State, in the hands of said boards with directions
for making surveys and estimates, lor rail roads, &c. and beg
leave to bring t.o the view of the Senate, in making their report,
that the great and growing interest felt by all classes of the com-
111 unity, that some ' ibcimt and practical system of internal im-
provement should be adopted by the Legislature, urges your com-
mittee, in submitting their views, to enter more in detail than
129
would be deemed necessary on ordinary subjects.
The policy of improving the natural, and of opening artificial
facilities to intercourse for the promotion of commerce "and Oth-
er objects of general welfare, lias at'all times very justly been
considered, by civilized communities and enlightened statesmen,
of vital importance to the high interest of a free government, as
having a direct tendency to develope the latent resources of the
State, by giving an additional spring to industry and enterprise,
and thereby advancing the prosperity, and opening up new sour-
ces of wealth to the citizen.
But, in adopting a system of internal improvement, it should be
ever borne in mind, that all works of that kind, are, and of neces-
sity must be, progressive; and so far as legislative aid is concern^"
ed, it seems obvious that their extent should be limited to the
means which the State can safely apply to that interesting ob-
ject. With reference, therefore, to the available funds of the
State, in connection with the objects proposed for improvement,
should all legislative aid be directed; always selecting such eb-
jects, and commencing the works at such points of obstructions as
present the most serious impediments to intercourse, and which
obviously promises the most certain and immediate benefit to the
commercial and agricultural interests of the country.
However desirable, therefore, it is to carry works of inter-
nal improvement to the full extent of which our numerous rivers
and public roads are susceptible, it cannot be denied that our
funds are at this time wholly inadequate to a successful prosecu-
tion of any system of improvements predicated on so large a
plan as is contemplated by the bill referred to your committee.
To attempt, therefore, a system of improvements embracing the
whole range of the diversified interest of the State, by ordering
surveys and estimates preparatory to the construction of rail roads
turnpikes, flic., a work requiring the expenditure of many millions
of dollars, with a capital of less than one mill ion,can not but appear
to your committee as highly injudicious and visionary.
Your committee therefore think it would be an improvident ex-
penditure of the public money, by exhausting the already scanty
means of the Slate, in making surveys for rail roads, while it is
evident beyond contradiction that the State does not, nor cannot,
on any assumable data, possess the funds, for a longtime to come,
to construct works of such expensive magnitude.
That a loan could be negotiated on the faith of the State, at rea-
sonable interest, your committee do not doubt. But, in a com-
munity isolated as that of Tennessee is, emphatically agricultural
and comparatively participating but slightly in commercial enter-,
prise, it is believed that a resort to borrowing would be a bazar-
dous experiment, not called for by the interest of the community,'
i50
- And your committee deprecate a policy that must eventuate in
fixing on the present and coming generations an onerous debt
without the prospect of its bringing With it an equivalent benefit
to the State.
And if we turn our eyes to the general government for aid, we
see that by the wise and cautious provisions of the palladium of
our liberties, nb power is vested in that government to dispense
the national funds, either directly by appropriation, nor indirectly
by distributions to the States, other than forworks which in their
character are clearly national.
In support of this important truth, your committee would beg
leave to refer to the doctrine of constitutional law laid down by
Mr. Monroe in his veto message, and especially to the more re-
pent, intrepid and luminous expose of the true reading of the
Federal Constitution as contained in President Jackson's veto
message on the Maysville turnpike road bill. It follows, then,
that until the federal constitution is so amended as to authorise
it, the general government cannot extend its aid by appropriations,
and much less it would seem in the absence of all power, can
that object be effected indirectly by a distribution of the national
revenue for the proniotion of local or State improvements, this
being clearly among the reserved rights with which the States
have not parted, and in which the general government cannot
participate without an assumption of power not guaranteed, and
the exercise of which it is believed would be highly dangerous, if
not fatal, to the existence of the confederation. Each State, there-
fore, under the wise and wholesome checks and balances, fixed
in the constitution of this Union, must look to its own resources,
for the means of effecting all such improvements as are of a local
or State character. What, then, are the funds possessed by the
Slate of Tennessee, and which may be relied on and safely ap-
plied to the interesting objects of internal improvements? In
answer to this enquiry it will be found that the whole available
funds of the State do not exceed seven hundred and fifty thous-
and dpilars, or thereabouts; all of which, by an act of the 17th
General Assembly,.was vested in a common school fund, except
the one half of the monies arising from the sales of the Hiwassee
lands,amounting, after deducting the remittances made to the pur-
chas ers, at said sales, to about one hundred and seventy-five thou-
sand dollars, of which last named sum, one hundred and fifty
thousand dollars was set apart and appropriated by an act of the
18th General Assembly, for the improvement of the navigable
rivers, and other objects of internal improvement in this State.
Hence it is seen that the funds applicable to the objects of inter-
nal improvement, in fact amounts to only one hundred and fifty
thousand dollars, and until a further provision shall be made by
131
the Legislature, it is manifest that but little can be done in the
way of improvements with so small a sum.
Your committee, however, entertain strong hopes, that some*
thing may be done even with this small amount, by way of com-
mencing a system of internal improvement, well be calculated to
afford important facilities to the present commerce of the country
by an immediate application of the funds set apart to that object
in each division of the State, to the removing of such obstructions
in our rivers as present the greatest difficulties to navigation, and
to the melioration of such public roads, in any particular section,
as it is believed would conduce most to public utility. But with
a view to a satisfactory and beneficial application of the funds set
apart to each, it is believed that the several divisions of the State
should have separate and independent boards of commissioners,
with authority under the direction of the Legislature, to apply the
funds appropriated to each section to such objects of improvement
as shall be judged most important to the advancement of the pub-
lie interest in each respectively.
Your committee further beg leave to suggest that in the event
the legislature should determine to prosecute a system of internal
improvements, beyond the means already appropriated to that ob-
ject, the propriety of vesting the capital now funded for the sup-
port of common schools, and amounting to about six hundred
thousand dollars in State stock, with a view to its application irt
constructing works of improvements commensurate with the wants
and interest of the community throughout the State.
The policy of ameliorating the natural and achieving artificial
channels of intercourse for the facilitating trade, being, as above
premised, in its nature progressive, it is believed that from fifty
to seventy-five thousand dollars, would be as large a sum as would
be required, annually, in the prosecution of this paramount object.
By rescinding the charter of the Bank of the State, and calling
in theoutstanding debts due that institution, in annual instalments
of ten or fifteen per cent, an amount equal to the sum above
named, would be placed at the disposal of the government, and
could be expended each year, in the construction of works of
improvement; while the money thus called in and expended on
this plan, would combine the important advantages of returning
in the very action of its useful expenditure again to the people,
in a natural way for their labor and breadstuff's, thereby effecting'
at once the recuperation of the circulating medium of the country,
and also supplying to the debtor class the means of meeting the
next annual call. But should the Legislature adopt the policy of
converting the whole or any portion of the school fund into State
stock, as above suggested, provisions should at the same time be
made for paying over to the support of common schools, a divi-
132
dend of five per cent, on the amount so withdrawn, and convert-
ed into State stock, so that the laudable object of educating the
rising generation in the elementary branches might sustain no
injur}' by the new application thus given to a portion of the funds
set apart for that object.
In accordance with the above view of the subject, the commit-
tee have had under consideration, a bill to vest the boards of in-
ternal improvement with the power to receive and apply the mo-
ney set apart for internal improvement by the General Assembly
of this State in 1829—And, a bill to incorporate a board of inter-
nal improvement east of Cumberland mountain, and for appro-
printing thirty thousand dollars to the improvement of the naviga-
tion of the Tennessee and Ilolston rivers. Which said bills were
to them referred, and have instructed me to report the same with
an amendment in lieu of them both, and recommend that the
amendment be received and passed.
JAMES I. GREENE, Chairman.
Said report, bills and amendment were,on motion of Mr. Greene,
laid upon the table, and made the order of the day for Saturday
next.
A resolution submitted on yesterday by Mr. Anderson, directo-
ry to the President and Directors of the bank of the State of
Tennessee.
A resolution' submitted on yesterday by Mr. Gillespy, author-
ising the keeper of the Penitentiary to admit visitors to the inte-
rior thereof according to Iris own discretion.
A resolution submitted on yesterday by Mr. Murray, appointing
Justices of the Peace for t'.ie county of Weakly. And
A resolution submitted on yesterday by Mr. Brabson, adopting
new rules in relation to bills on their several readings in the Sen-
ate, were, severally taken up, read and adopted.
Mr. Bradford submitted the following:
Resolved, That the cashier of the State bank report the amount
of interest which has been received from the agencies at the
principal bank since its establishment down to the period at which
the late cashier ceased to act; and also to shew in said report,
what should have accrued upon the funds sent to the agencies to
the same period, and that the same be exhibited by a general ac-
'count, shewing the interest up to the several periods of curtail-
merit of loans at the agencies.
Mr. Bur ford, the following:
Resolved, by the General Assembly of (he State of Tennessee,
That the sub-committee on banks be, and they are hereby direct-
ed, to count all change notes of a less denomination than one
dollar, and after having the amount of the notes of each denomina-
153
tion first entered on the books of the bank, said committee shall
burn the same.
Mr. Field submitted the following1,
Resolved, by the General Assembly of the State of Tennessee,
That Robert G. Abernathy, Tilman R. Daniel, Peter Gorland,
Simpson H. White, John Dicky, Nathaniel Graves, James E. Ma-
son, James McCollum, Robert R. Harney, Andrew Gordon and
Robert M. Bugg be, and they are hereby appointed justices of the
peace for the county of Giles. And
Mr. Mclver the following,
Resolved, by the General Assembly of the State of Tennessee,
That John Nicholson, William C. Hajer, Solomon D. Spain, Ash-
er Branch and William Simpson be, and they are hereby appoint-
ed justices of the peace for the county of Tipton.
Mr. Murray introduced,
A bill to establish the rate of county tax on lands in this State,
and for other purposes.
Mr. Brabson,
A bill to amend the laws now in force and use in this State, au-
thorizing persons to sell groceries which they may have purchas-
ed with produce.
Mr. Mclver,
A bill to authorize the drawing of a lottery for the benefit of
Somerville male and female academy. And
Mr. Greene
A bill for the relief of the personal representatives and legal
heirs of John McEwen, deceased, and James McKamy, deceased.
Said bills were severally read a first time and passed.
Mr. Holman returned without amendment,
A bill making compensation to certain enterers and grantees
for their improvements between the two Kentucky lines. Said
bill was read a second time and passed.
Received from the House of Representatives,
A bill to amend an act incorporating the town of Bolivar ia
Hardeman county.
A bill for the relief of Frederick Sawyers and George Wallace
of Overton cou r/y.
A bill to extend the town of Sparta.
A bill to amend an act entitled an act to incorporate the Galla-
tin turnpike company.
A bill for the benefit of Thomas II. Fletcher and Dempsey
Powell.
A bill to authorise William Simpson to open and .establish a
toll bridge and turnpike road across Hatchie River.
A bill to amend the several laws incorporating the town of
Nashville.
134
A bill for the benefit of Isaac West, and for the encouragement
of iron works in the Western District.
A bill for the relief of Cullen and Willie Bayliss.
A bill authorizing Jesse Lincoln and company to open a turn*
pike road.
A bill to incorporate the Franklin and Columbia turnpike road.
And
A bill for the relief of James H. Mosely of Franklin county.
Said bills were severally read the first time and passed.
A bill providing for the leasing of lands which have been set
apart for common schools, and for the keeping of common En-
glish schools on the same.
A bill to appropriate the school lands in the Hiwassee district
to the use of schools for the instruction of children therein.
A bill for the relief of George W. Churchwell and others.
A bill for the benefit of Richard C. Napier.
A bill to provide for the divorce of Maria Harp from her bus-
band Nathaniel Harp.
A bill to establish a new militia company in the county of Wil-
son and for other purposes.
A bill to establish a town in the county of Greene.
A bill appointing a commissioner to receive justices papers in
the county of Knox.
And
A bill for the benefit of Jesse Savage of Warren county, vrere
severally read a second time and passed.
A bill for the benefit of Daniel D. Foute of Blount county, was
taken up, read the third time and passed.
A bill to authorize a lottery for the continuation of Union street
in the city of Nashville, was taken up on its third and last reading
in both houses, and withdrawn by Mr. Murray for amendment.
A message from the House of Representatives by Mr. Campbell
their clerk.
MR. SPEAKER,
The Speaker of the House of Representatives
did this day sign an enrolled bill entitled an act for the relief of
Montgomery Irvine, Jailer of Sullivan county, and an enrolled
bill, entitled an act to amend an act, passed 13th January 1330,
prescribing the manner of holding elections in Knox county.
Said enrolled acts were signed by the Speaker of the Senate,
and ordered to be transmitted to the office of the Secretary of
State.
The House of Representatives concur with the resolution ap-
pointing justices of the peace for the county of Davidson, they
have adopted a resolution appointing justices of the peace for the
county of Jackson, and a resolution appointing justices of the
135
peace for the county of Claiborne, in which they ask the concur-
rence of the Senate.
The Senate concurred with said resolutions, and ordered the
clerk to acquaint the House therewith.
The House of Representatives concur with the amendment
proposed by the Senate, to a bill for the relief of Peter Chilcut &
Augustus K. White, requiring them to make oath that they have
not been indemnified by St. Leger, the person for whose appear-
ance they were securities, and non-concur with their amendment
to said bill for the relief of James Rose and other securities of Hi-
ram M. Murray. And then he withdrew.
The Senate receded from the last mentioned amendment.
The Bill was then read a third and last time in both Houses, pas-
sed and ordered lobe enrolled.
And the Senate adjourned.
FRIDAY MORNING, OCTOBER 28, 1831.
Mr. Gillespy presented the petition of sundry citizens of Mon-
roe county, praying that Thomas J. Caldwell be appointed a jus-
tice of the peace for said county, which was referred on motion
of Mr. Gillespy to the committee on militia companies and justices
of the peace.
Mr. Davis presented the petition of John Watson, asking the
exclusive privilege of building a saw and grist mill on Hardin's
creek, which was referred on motion of Mr. Davis to the commit-
tee on propositions and grievances.
Mr. Frey presented the petition of B.R. Powell and the peti-
tion of Stephen Smith, both asking leave to hawk and peddle with-
out obtaining license therefor—said petitions were referred on mo-
tion of Mr. Frey to the committee on propositions and grievances.
Mr. Gillespy from the committee on the Judiciary to whom was
referred a bill to define the liability of endorsers, reported that
the committee have had the same under consideration, think its
provisions unreasonable and recommend its rejection.
Mr. Holman moved a nonconcurrence with said report, and the
question thereon being taken, it was determined in favour of said
motion. Ayes 11—NoesS.
The ayes and noes being demanded constitutionally by Mr. Hoi-
man,
Those who voted in the affirmative are
Mr. Speaker Douglass, Andrews, Burford, Davis, Frey, Greene
Holman, Jetton, McClellan, Mclver, Murray—11
Those who voted in the negative are,
136
Mr. Anderson, Brabson, Bradford, Field, Gillespy, Lylle, Polk,
Wyly—8
And so said motion prevailed.
Mr. Murray moved to strike from said bill the amendment made
thereto by the House of Representatives, which motion pre-
vailed.
Mr Hoi man then offered an amendment in lieu of the whole,
which was rejected.
Mr. M'lver offered an amendment in lieu of the whole from
the enacting clause, which motion carried—ayes 12, noes S.
The ayes and noes being demanded by Mr. M'lver,
Those who voted in the affirmative are,
Mr. Speaker, Douglass, Burford, Davis, Gillespy, Greene, Hoi-
man, Jetton, Lytic, M'Clellan, M'lver, Perkins, Polk—12.
Those who voted in the negative are,
Mr. Anderson, Andrews, Brabson, Bradford, Field, Frey, Mur-
ray, Wyly—8.
And so said amendment was received.
The bill was then read as amended, and thereupon the question
was had, "shall the bill pass?" and determined in the negative—
ayes 9—noes 11.
The ayes and noes being demanded,
Those who voted in the affirmative are,
Mr. Speaker Douglass, Burford, Davis, Greene, Dolman, Jet-
ton, M'Clellan, M'lver, Perkins—9.
Those who voted in the negative are,
Mr. Anderson, Andrews, Brabson, Bradford, Field, Frey, Gilles-
py, Lytic, Murray, Polk, Wyly—11.
And so said bill was rejected.
Mr. Gillespy from the same, to whom was referred "A bill to
authorise appeals in cases of lines for contempt,' 'reported an
amendment thereto in lieu of the whole bill from the enacting
clause.
Mr. Anderson asked and obtained leave to withdraw forexami-
nation and further amendment, said bill and amendment.
Mr. Gillespy from the same, to whom was referred "A bill rel-
ative to the registration of deeds and for other purposes—and "A
bill to do away jury trials in the county court," reported the same
with amendments, and moved to lay them on the table, which mo-
tion prevailed.
Mr. Gillespy from the same, to whom was referred "A bill to
repeal part of the act of 1827," reported that the committee have
had the same under consideration, think its provisions reasonable,
and had instructed him to recommend its passage.
And thereupon the question was had, "Will the Senate concur
with said report?" and determined in the negative- ayes 8—
noes 12.
137
The ayes and noes being constitutionally called for by Mr. Mur-
ray,
The affirmative voters are,
Mr. Speaker Douglass, Anderson, Brabson, Burford, Frey, Gil-
lespy, Holman, Jetton—8.
Those who voted in the negative are,
Mr. Andrews, Bradford, Davis, Field, Greene, Lytle, M'Clel-
lan, M'lver, Murray, Perkins, Polk, Wyly—12.
And so said bill was rejected.
Mr. Gillespy from the same committee, to whom was referred
"A bill to amend the Judicial system of this State," reported that
the committee have examined the provisions of said bill, and had
instructed him to recommend the passage of the first ten sec-
tions, and the rejection of the balance of the bill.
Mr, Holman moved that the question , of concurrence be taken
as to the seven first sections of the bill; which motion prevailed.
Said sections provided, that hereafter the circuit courts of this
State shall have and exercise exclusive jurisdiction over all ac-
tions of trespass, detirtue, trover, accounts and on the case, at-
tachments- on debts" of which the courts of Pleas and Quarter
sessions in this State now have jurisdiction, except actions of
debt and assumpsit, founded on bills, bonds, promissory notes, or
liquidated accounts signed by the parly intended to be charged
therewith. That the last mentioned actions of debt and assump-
sit, may hereafter be brought in the county courts as heretofore,
and regularly docketed and tried by the Justices holding said
courts without a jurv, and without any declaration or pleading in
writing on either side. That such causes shall stand for trial at
the first term, to which they may be returned, (unless for good
cause shewn) by affidavit for continuance. That when any such
cause shall be heard and determined at the first term, (if the de-
fendant shall desire no appeal thereon) he shall have the priyi-
lege to stay such judgment, until the rise of the second term next
after the one in which the said judgment shall have been render-
ed, on giving good and sufficient security for such stay, and said
security then and there confessing a judgment for the amount.
That where any such cause shall be continued until the second
term, and then tried, the stay shall be abridged or shortened in
the same proportion. And if the same shall be continued beyond
the stay allowed, then no stay whatsoever shall be allowed. That
if any defendant or defendants shall desire a jury trial in any
6uch actions of debt and assumpsit, it shall be the duty of the
court to cause a jury of bystanders to be summoned, instanter, to
try any issue or issues that may be made up by parol. That all
laws and parts of laws requiring the appointment and attendance
of grand jurors or traverse jurors, to the courts of Pleas and Quar-
ter sessions, be repealed.
138
Whereupon the question was submitted, "Will the Senate con-
cur in the report of the committee?" and determined in the neg-
ative—ayes 8, noes 12.
The ayes and noes being constitutionally demanded by Mr. Hoi-
man,
The affirmative voters are,
Mr. Speaker Douglass, Anderson, Andrews, Bradford, Davis,
Field, Holman, Perkins—8.
The negative voters are,
Mr. Brabson, Burford, Frey, Gillespy, Greene, Jetton, Lytle,
M'Clellan, M'lver, Murray, Polk, Wyly—12.
And so said seveu sections were stricken from the bill.
The Senate then proceeded to the consideration of the 8th and
9th sections of said bill, which provide, that all jurisdiction in
criminal causes, of every description heretofore exercised by the
county courts shall hereafter be vested in, and be exercised by,
the circuit courts, and the j'udges and grand jurors therein to
have and to use all means, powers and process now used and ex-
ercised by the county courts for the purpose of carrying into ef-
feet the jurisdiction thereby transferred. And that it shall be the
duty of each and every county court clerk in this State, to trans-
mit and deliver to the clerks of the circuit courts, all original and
other papers, pertaining to any cause pending and undetermined,
(the jurisdiction of which, being transferred by the foregoing
provisions) to the circuit courts; and that when any order shall
have been made on any of the said causes, it shall be the duty
of the clerks aforesaid, to certify and send up the same with the
original papers.
Whereupon the question was submitted, "Will the Senate con-
cur with the report of the committee, in relation to the 8th and
9th sections of the bill; and determined in the negative—ayes 10,
noes 10.
The ayes and noes being demanded constitutionally by Mr. Wy-
iy>
The affirmative voters are,.
Mr. Speaker Douglass, Anderson, Andrews, Bradford, Davis,
Frey, Gillespy, Greene, Holman, Perkins—10.
The negative voters are,
Mr. Brabson, Burford, Field, Jetton, Lytle, M'Clellan, M'lver,
Murray, Polk, Wyly—10.
And so the said 8th and 9th sections were stiicken from the
bill.
The Senate next proceeded to the consideration of the tenth
section of the bill, which provides, that each of the Judges of the
circuit courts, shall hold three terms in each of the counties com-
posing his circuit, and shall have and exercise the same jurisdic-
189
tion in law and equity at each and all of said terms which they
now have and exercise.
And thereupon the question was submitted, "Will the Senate
concur with the report of the committee in relation to the 10th
section of the bill, and determined in the negative—ayes 8, noes
12.
The ayes and noes being demanded constitutionally by Mr.
Wyly,
The affirmative voters are,
Mr. Bradford, Burford, Davis, Field, Frey, Gillespy, Holman,
Lytle—8. * .
The negative voters are,
Mr. Speaker Douglass, Anderson, Andrews, Brabson, Greene,
Jetton, M'Clella^M'Iver, Murray, Perkins, Polk, Wyly—12.
And so said 10th section was rejected.
The" Senate next proceeded to the consideration of the 1 lfh
section of said bill, upon which the committee had reported unfa-
vorably, and which provided "that all laws and parts of law re-
quiring the election of Chancellors, and providing for their com-
pensation, and which establishes separate and distinct chancery
courts, and requires the same to be holder), be repealed.
And the question thereon being had, "Will the Senate concur
with the report of the committee?" it was determined in the affir-
raative—ayes 13, noes 7.
The ayes and noes being demanded constitutionally by Mr. Wyly,
The affirmative voters are,
Mr. Speaker Douglass, Andrews, Brabson, Burford, Field,
Frey, Greene, Lytle, M'lver, Murray, Perkins, Polk, Wy-
ly—13.
The negative voters are,
Mr. Anderson, Bradford, Davis, Gillespy, Ilolman, Jetton, M'-
Clellan—7.
And so said eleventh section was stricken out.
Mr. Greene offered the following additional section as an a-
mendment to said bill—(to wit.)
Be it enacted that all equity jurisdiction horetofore exercised
and used, by the circuit courts in this State be, and the same is
hereby transferred to the chancery courts, and the clerks of the
several circuit courts, are hereby required to transfer and deliver
all papers and documents relating to equity cases, in their respec-
tive offices, to the clerk of the chancery courtin the. district where
such case or cases originated. And the chancery courts shall
hereafter have and exercise exclusive jurisdiction in and over all
equity cases. ,
And thereupon the question was submitted, "Will the Senate
receive said amendment, and determined in the negative—ayes 5,
noes 15.
140
The ayes and noes being demanded constitutionally,
The affirmative voters are,
Mr. Andrews, Frey, Greene, Lytle, Polk—5.
The negative voters are,
Mr. Speaker Douglass, Anderson, Brabson, Bradford, Burford,
Davis, Field, Giliespy, Holman, Jetton, M'Clellan, M'lver, Mur-
ray, Perkins, Wyly—15.
And so said amendment was rejected.
The question was next taken upon a concurrence with the re-
por^of the committee, in relation to the twelfth and thirteenth
sections of the bill. And the sense of the Senate being thereup-
on had, it was in accordance with the report of the committee.
Whereupon it was ordered that the said twelfth and tnir-
teenth sections be stricken from the bill.
Mr. Giliespy then moved to lay the balance of said report and
bill on the table, which motion prevailed.
Mr. Frey from the committee on Finance, to whom was refer-
red a bill to enable the citizens of Dickson county to build a court
house, and for other purposes, reported that the committee have
carefully examined the provisions of said bill, think them reason-
able, and had instructed him to recommend its passage.
Said bill was, for the present, on motion of Mr. Frey, ordered
to lie on the table.
Mr. Field from the committeee on enrolled bills, reported as
correctly enrolled, a bill for the benefit of Peter Chilcut and Au-
gustus H. White: said bill was signed by the Speaker of the Sen-
ate, and ordered to be transmitted to the House of Representa-
lives.
And then the Senate adjourned.
SATURDAY MORNING, OCTOBER 29th, 1831.
Mr. Brabson presented the petition of James Shields of Grainger
county, praying for the passage of.a law to authorize the Execu-
tors of John Shields, deceased, to convey to him a certain tracl of
land, which was referred on motion of Mr. Brabson to the Judici-
ary committee.
Mr. Davis presented the petition of sundry citizens of Wayne
county, praying that the county courts may be abolished, which
was referred on motion of Mr. Davis to the Judiciary committee.
Mr. Murray presented the petition of sundry citizens of Weak-
ly county for the right of occupancy, which was referred on mo-
tion of Mr. Murray to the committe on land claims.
A resolution submitted on the 27th inst. by Mr. Field appointing
justices of the peace for Giles county, was taken up, read and
141
adopted. Ordered that the clerk acquaint the House "of Repre-
sentatives therewith and ask their concurrence therein.
Mr. Gillespy's report of yesterday from the Judiciary commit-
tee relating to a bill relative to the registration of deeds, and for
other purposes, was taken up, read, and on motion of Mr. Iiolman
again laid upon the table, aftd made the order of the day for Wed-
nesday next.
Mr. Speaker Douglass presented the following report from hi3
Honor Charles F. Keith.
REPORT, &c.
In obedience to a resolution by the honorable the General As-
sembly of the State ot Tennessee, adopted on the 24th of Septem-
ber, 1331, "Directing me to report to them as soon as practicable,
the aggregate number and value of the improvements by meadju-
dioated, (under the provisions of a law passed the 13th January,
1830,) the manner and principle upon which the valuation was
ascertained; the character and description of such improvements
as were passed, and such as were rejected: That I-report the
names of such improvers, and the value of their improvements by
me adjudicated, as I shall consider and believe entitled to relief,
but whose cases were believed by me not to be embraced within
the provisions of said act: That I be required to recommend such
other and further relief, as I may believe, if any, should, injustice,
be provided by law for the benefit of said improvers, and that I
report all such other matters and things as I deem right and pro-
per for the information of the General Assembly;" I beg leave to
make the following report:
By a reference to the act passed the 13th of January, 1830, ma-
king provision for certain improvers in the Hiwassee District, it
will be perceived, that the law is somewhat ambiguous and ob-
scure, and I had necessarily to resort to construction to effectuate
the laudable intention of the legislature.
The General Assembly seemed to have had one of two objects
in view at the time the law passed, to wit: To refund to the im-
prover the probable increase price the land sold for, in conse-
quence of the improvements, at the land sales, and which was re-
ceived by the Treasurer of the state: Or, to remunerate those
who had settled in the county, bestowed labor and made improve-
ments in the District, after the extinguishment of the Indian title,
and before the sales, but who were unable to compete successful-
ly with the capitalist at the public auction. The act, in terms,
excluding all who had received compensation from the purchaser,
on the sale, induced me to give the latter construction to the law,
and I excluded all from the benefit of the act, who had bought
his own improvement at the public sales, either in person or by
agent.
1*3
The accompanying document, marked A. contains the aggre-
gate number and value of the claims adjudged valid: It also con-
tains a copy of the petition filed in one case, to show the charac-
ter of the claims, for they were similar in all material parts, the
evidence, as taken down, is likewise copied, that the legislature
may see the proof required, and on which the award was made.
Claimants were permitted to file their petitions till the 13th of
July, 1830, inclusive, varying from the copy furnished only as the
facts might necessarily vary it. After the time expired for filing
claims, notice was given for the claimants to produce their testi-
mony, which was taken down in each case and recorded in a
book kept for that purpose, after the fashion prescribed in the
document referred to.
When the evidence was closed, I placed the land in three gen-
eral classes; 1st, timbered bottom land; 2d, untimbered bottom or
savannaland; and 3d, upland. The 1st class was fixed at $6 per
acre for clearing and fencing; the 2d class at $1 per acre; and
$1 per hundred for all the rails that were used in enclosing the
land; the 3d class at $4 per acre for clearing and fencing, subject
to an increase or diminution, dependent on the manner the work
was done. The other items of improvement were estimated ac-
cording to the evidence in each particular case, having regard to
improvements made after the 1st day of January, 1818, and before
the land sales in 1820; when partail compensation had been
made by the purchaser, it was ascertained and deducted accor-
dingly. No use of the lands before the sales was esteemed
compensation, or taken into the account either way.
The document marked B, shows the name of each individrial,
and the amount of his claim, (though adjudged invalid.) The
claims from No. 1 to 7, inclusive were rejected, because they had
the benefit of their improvements, the possession of the land re-
maining with them, and all the laws passed allowing discounts to
the purchasers,equally extended to them;and their cases fell with-
in the construction 1 put upon the law, as stated in a previous part
of this report. If that construction is inconsistent with the inten-
tion of the legislature, those claims ought to pass. No's. 8, 9,
10 and 11 were not allowed, because compensation had been
made by the purchasers. No's. 12 and 13 were rejected, because
the land was not/sold at the sales in 1820, but have been sub-
sequently entered, underthe entry laws. No. 14—the claimant
never settled himself in the. district of country for which those
laws were made to apply. No. 15 is peculiarly circumstanced;
William II. West, the claimant, bid oft'the lands at the sale of 1820
hut was unable to pay the sum required by law; and rather than a
forfeiture should be entered against him, he surrendered the land
to a third person,, without any advance, or any compensation for
143
his improvements, and in justice is entitled to remuneration; but
he was the purchaser, and there my inquiry ceased.
In answer to the last requirements in the resolution, I can only
state that the claimants have been put to much trouble and some
expense in procuring testimony to establish their demands. At the
time the improvements were made, the country was thinly popu-
lated; and immediately after the sales, the great influx of people
and the rapid improvement of the country, in a short time rernov-
ed the marks of the first improvers, and they were compelled to
search for those who had encountered (with themselves) the pri-
vations incident to settling a new country, to furnish probable ev-
idence to identify their claims. In many instances their propor-
tion of the appropriation would not more than indemnify them
for their trouble. If the legislature, in their discretion, should be-
lieve it just for the claimants to receive, in any manner, the resi-
due of their claims as awarded, they can be furnished with the ev-
idence of claim in any form the General Assembly, in their wis-
dom, may dictate. If there was merit in the claims as present-
ed to the legislature in 1829and '30,1 presume they have not been
impaired in the endeavor to ascertain the amounts.
I will take the liberty here to remark, in making the allowance
to the Clerk of M'Minn Circuit Court,for the services rendered by
him in the performance of the duties, as umpire imposed on me
by the law,that the compensation was inadequate; but as it was to
come out of the sum appropriated for the benefit of the improv-
ers, I did not feel myself justified in going beyond the sum allow-
ed; presuming, if the subject were again legislated upon, they
would do him justice.
I hope the foregoing statements will furnish the desired infor-
mation, and as such they are submitted, with great respect, to the
consideration of the General Assemblv.
"CHARLES F. KEITH.
Judge of the seventh judicial circuit.
October 21st, 1831.
Aule.—I cannot inclose this report in an envelope without sfa-
ting the situation of two claims, as furnished in the evidence, to
wit: One of Isaac Johnston, of Roane county—the other of How-
ell White, of Monroe county. These claims were filed for all the
improvments made on the quarters, described in the petitions.—
The evidence showed thct William Johnston had jointly made
the improvements with the petitioner, and only a moiety was
awarded to him. In the other case, the evidence showed that
the petitioner was only entitled to one third of the improvements,
and that was adjudged to him. If any thing should be done by the
General Assembly, those cases require enactments.
CHARLES F. KEITH, Judge, &c.
14*
A.
To the honorable Charles F. Keith, Judge of the seventh Judicial Cir-
cuit of the State of 'Tennessee.
Your petitioner, Jacob Johnson, represents to your honor, that
he settled upon the northwest quarter of section eighteenth, town-
ship fifth, range'first, west of the meridian, in the Hiwassee Dis-
trici; that said land was surveyed by the surveyor general of said
district previous to the land sales in 1820; that no special act has
heretofore passed in his. favor for the labor and improvements
set forth in this petition, and that he has not received a full, or
any, compensation from the purchaser for said labor and improve-
nients; that said labor arid improvements, stated in this petition,
were made bona fide for himself after the first day of January,
1818, and before the land sale in 1S20; that your petitioner made
the following improvements on said quarter, to wit:
Built one house, 18 by,20 feet, covered with boards, floor of
puncheons, logs hewed on the inside. One smoke-house of split
logs, ten feet square, also, one stable, 12 by 18 feet, covered with
boards. Cleared on said quarter, two acres of land—made and
put up 120Q rails.
Your petitioner also made the following improvements on the
south-west quarter, section seventh, township fifth, range first,
west of the meridian, to wit: Cleared twenty-eight and a half
acres of land, timbered as upland is usually in the district, enclos-
ed with a fence 6 or 7 rails high—made and put up on said quar-
ler 6000 rails."
1 House, supposed to be worth $20 00
" Srrioke-house, 5 00
"Stable, 10 00
302 acres of land, worth $2 50 per acre, 76 50
7200 rails, worth 75 cents per 100, 5* 00
$165 50
State of Tennessee, ) This day personally appeared Jacob
JS'PMinn County. ) Johnson before me, Charles F.' Keith,
Judge of the seventh Judicial Circuit of the State of Tennessee,
and made oath, that the facts set forth in the foregoing petition
are true, to the best of his knowledge.
JACOB JOHNSON.
Subsciibed and sworn to before me, this first day of March,
1830. '
CHARLES F. KEITH, Judge. ,
Endorsed "No. 2," Jacob Johnson's petition, filed "March 1st,
1830."
4,45
Copy of the Docket.
"•No. 2—Jacob Johnson, Petition .filed March 1st, 1831.
N. East quarter, section 5th,
Range 1st, West. This claim*
is valid for $129; a certificate
issued for $64 24
Copy of Testimony, as recorded.
No. 2—Jacob Johnson j
Reuben Casada, a vyitness introduced by petitioner, and svrorn,
stated that the petitioner settled on the land in 1820, in the win-
ter. •
A. C. Robison, a witness sworn; proved the quarter settled on
and the one stated in the petition, to be the same—saw the peti-
tioner on it in 1820—supposes the house to be 20 by 22 feet, and
worth , $20 00
Stable worth 6 00
Smoke-house worth 4 00
30 acres of land cleared on. the second quarter, worth ) qq
two dollars per acre, ' $
3950 rails, worth one dollar per hundred, 39 50
The land was bought at the land sale by Alexander C. Robison;
the petitioner received no compensation for his labor and improve-
ments.
R. Casada, the first witness, concurred as to the value of the
improvements.
Copy of receipt.
No. 2. ^ $64 24
Received of the'State of Tennessee, by the hands of Charles F.
Keith, a certificate for the sum of sixty-four dollars and twenty-
four cents, payable as directed by an act of the General Assembly,
passed the 13th day of January, 1830; which is in full satisfaC-
tion and discharge of all claims I have against the State for labor
done and improvements made in the Hiwassee District after the
1st day of January, 1818, and before the land sales of 1820. Giv-
en under my hand, this 9th day of February, 1831.
JACOB JOHNSON.
Test: Samuel M. Gantt.
No. 2. $64 24
I certify there is due from the State of Tennessee to Jacob
Johnson the sum of sixty-four dollars and twenty-four cents, ad-
judged to him for his labor done and improvements made in the
Hiwassee District after the 1st day of January, 1818, and before
the land sale in 1820, to be paid as directed by an act of the Gee
eral Assembly, passed the 13th day of January, 1830; tfiat being
the amount of his proportion of the $6000 appropriated by said
s •
146
act for that purpose. Given under my hand, this 14th day of
January, 1831.
.CHARLES F, KEITH, Judge, &c. «
There were 208 petitions filed, of which 193 were adjudged
valid, amounting to $11,742'
Sum appropriated, $6000
Clerk allowed 150
Amount to .be divided, 5,850-— 5,850
Valid claims unsatisfied, * 5,6921
B.
Fifteen claims'were adjudged invalid. The names of the peti-
tioners and the amount claimed by each, according to the mode
of calculation adopted in the adjudication of said claims, are as
follows:
ct.
9
Sarah Kelsoe,
433
00
10
John Pierce,
39
00
11
Samuel Carson,
47
00
12
Daniel Baine,
136
00
13
John Doberty,
127
00
14
Samuel Utter,
67 00
15
William H. West
, 74
00
1 Benjamin Bond,
2 David Pierce,
3 George Colville,
4 Lewis Carter,
5 Micajah Carter,
6 William Porter,
7 Jeremian Read,
8 James Hawkins,
$ cts
94 00
38 00
101 00
60 00
58 00
87 00
88 00
30 00
$556 00
923 00
556 00
Tbtal, $1,479 00
On motion of Mr. Greene, Ordered that twenty-five copies of
the foregoing report be printed forthwith for the use of the Sen-
ate.
The Senate took up the report of Mr. Frey from the commit-
tee on Finance, relating to the bill to enable the citizens of Dick-
son county to erect a court house in said county, and for other
purposes.
The committee having reported unfavorable upon the amend-
ment of Mr. Anderson to enable the citizens of Anderson county,
to build a jail,. Mr. Anderson moved a nonconcurrence with part
of the report of the committee, which motion was sustained, the
amendment received and the bill after undergoing further amend-
meats, in accordance with the report of the committee, was read
: *-"cond lime and passed.
A res.'lotion heretofore submitted by Mr. Mclver, appointing
justices of the peace for the county of Tipton, was taken up, read
and adopted.
14*
Ordered that the clerk acquaint the House of Representative!
therewith and ask their concurrence therein. *
A resolution heretofore submitted by Mr. Bradford directory to
the cashier of the Bank of the State of Tennessee, was taken up,
read and adopted.
Mr. Burford offered the following in lieu of the resolution of-
fered by him on Thursday last, directory to the sub-committee on
Banks.
Resolved, hy the General Assembly of the State of Tennessee,
That the sub-committee on Banks be directed to count all jiotes
of a less denomination than five dollars, or so many thereof as
be practicable, and when So counted and the amount entere^ up-
on the books of the Bank, said committee shall burp the same
and report accordingly; and the rule requiring resolutions to lie
one day on the table, being suspended, on motion of Mr. Burford,
said resolution was adopted.
Ordered that the clerk acquaint the House of Representatives
therewith, and ask their concurrence therein.
A message from the House of Representatives by Mr. Campbell
their Clerk.
MR. SPEAKER,
The House of Representatives concur with your
resolution appointing justices of the peace for Giles county, iq
your resolution authorizing the keeper of the Penitentiary to ad-
rnit visitors into the interior thereof according tohis own discre-
tiom, and-in your resolution directory to the President and Hirec-
tors of the Bank of the £tate of Tennessee. The Speaker of the
House of Representatives did this day sign an enrolled resolution
appointing justices of the peace for the counties of Jackson and
Claiborne.
And then he withdrew.
The Speaker of the Senate signed said resolution and ordered
it to be deposited in the office of the Secretary of State.
On motion of Mr. Jetton,
Ordered^ that the ruld requiring the Senafetotake uphills of a
public nature in the forenoon, and bills of a private or local na-
ture in the afternoon of each day be rescinded,
Mr. Jetton moved the Senate, to rescind the rule requiring*the
classification of bills, and requiring them to be taken up and act-
ed upon according to their respective classes, which motion was
last.
Mr. Brabson submitted the following,
Resolved, That all bills relating to turhpike and rail roads, be
considered as of a private nature, and the same shall not be acted
on in the forenoon of each day; arid that all bills for an appropri-
ation of money out of the State treasuries, be also considered of
148
a private nature, and the rule being suspended, said resolution
was rejected.
Mr. Gillespy submitted the following,
Ilesolved% by the General Assembly of the State of Tennessee,
That a joint select committee be appointed to consist of three, on
the part of the Senate, to take into consideration the report of the
Hon. Charles F.Keith, commissioner to adjudicate Hiwassee
improvements.
And '
Mr. McClellan the following,
.Resolved, by the General Assetiibly of the State of Tennessee,
That Richard Murrell be, and he is hereby appointed a justice of
the peace ip and for the county of Sullivan.
Mr. Gillespy introduced
A bill for the relief of Henry Matlock,
And
Mr. Mclver,
A bill for the benefit of the purchasers of lots.in the town of So-
merville, which were severally read a first time and passed.
A bill providing for the leasing of lands which have been set
apart for common schools and for the keeping of common English
schools on the same, was read a third and last time, and the ques-
tion being taken, "Shall the bill pass," it was determined in the
affirmative. Ayes 15—Noes 4.
' The ayes and-noes being demanded by Mr. Wyly,
Those who voted in the affirmative are,
Mr. Speaker Douglass, Andrews, Brabson, Bradford, Davis,
Field, Frey$ Gillespy, Greene, .Hoi man., * Jetton, Lytle, Murray,
Perkins, Polk—15.
, The negative voters are,
Mr. Burford,- McClellan, Mclver, Wyly—4.
And so said bill passed its third and last reading in both hous-
es, and was ordered to be enrolled.
Mr. Jetton returned without amendment
A bill to incorporate the Franklin rail ro*ad company, said bill
was read a second time and passed. •
Mr. Polk from the committee on enrollments, reported as cor-
rec'tly enrolled,
A resolution appointing justices of the peace for Giles county,
said resolution was then signed by the Speaker and ordered to be
transmitted to the House o: Representatives.
Mr. Dolman returned with an amendment,
t A bill to authorize James McKinley and Lewis Fletcher to open
a turnpike road, said amendment was received, the bill read as
amended a second time and passed.
Mr. Anderson returned with an amendment,
149
A bill to authorize appeals in cases of fine for contempt, which
was laid upon Ihe table on motion of Mr. Anderson.
The Senate took up on its third and last reading- in both hoUSr
es a bill to appropriate "the school lands in the Hiwuf see district to
the use schools for the instruction of children therein, ahd after
somb time spent in discussing the provisions of the same, the
Senate adjourned until Monday morning 9 o'clock.
MONDAY MORNING, OCTOBER 31, 1S31.
Mr. McClellan presented the petition of Jacob Sampson asking
the privilege to hawk and peddle without obtaining license there-
lor, which was referred on motion of Mr. McClellan to the com-
mittee on propositions and grievances.
Mr. Burford presented the petition of sundry citizens residing
between the two Kentucky lines; Mr. Burford moved that so
much of said petition as relates to claimants of lands entered un-
der the ■Authority of this State, at 12i and one cent per acre, ^ie
referred to the committee on the boundary line between the
States of Kentucky and Tennessee. That so much thereof as re-
lates to the Judiciary be referred to the committee on that sub-
ect, and that so much thereof as requires the reduction "of the
salaries of the governor, judges and other officers, and to the re-
duction of the pay of tlje members of the Legislature and their
officers, be referred to the committee on retrenchment, all of
which references were ordered to be made.
Mr. Davis presented the petition of John Watson and others,
citizens of Hardin county, praying a preference of an entry for a
Methodist church.
Said petition was referred, on motion of Mr. Davis, to the com-
mittee on land claims.
Mr. Murray presented the petition of sundry citizens of Gibson
county praying that the act of 1825, declaring the North Fork of
the Forked Deer river navigable from its mouth to Page's Mill, in
Gibson county, be continued in force and effect; which was re-
ferred, on motion of Mr. Murray, to the committee on internal
improvements in the Western District.
A resolution submitted on Saturday last by Mr. M'Clellari, ap-
pointing Richard Murrel a Justice of the Peace for Sullivan coun-
ty; and a resolution submitted at the same time by Mr. Gillepy ap-
pointing a joinf select committee on'the report of the Plon.
Charles F. Keith commissioner to adjudicate HiwasSee improve-
ments; were taken up, severally read and adopted.
Ordered that the clerk acquaint the House of Representatives
therewith, and ask their concurrence therein.
150
Mfr, Murray introduced
A bill for the benefit of Hugh Dunlap; which was referred, on
motion of Mr, Murray, to the committee on land claims.
Mr.-Perkins returned
A bill for the relief of Nimrod Dodson.
Mr. Davis moved to lay said bill on the table until the 1st day of
January nest. . .
Said motion prevailed.
Mr. Greene submitted the following:
Hcsolved, That a select committee be appointed on new coun-
ties and county lines. And the rule being suspended, said res'o-
lution was adopted.
The Speaker appointed Mr. Greene, Perkins, Bradford, Mur^
ray and Holman said committee.
Mr. M urray returned
A bill to authorise a lottery for the continuation of Union street
in the city of Nashville, with an amendment prohibiting the intro-
duction and sals of tickets in said'lotterys in the counties of Henry,
Carroll, Weakly, Dyer, Obion and Gibson.
.Said amendment was received, and the bill being upon its
third and last reading in both Houses, it was ordered that the
clerk acquaint the House of Representatives therewith and ask
their concurrence therein.
On motion of Air. Gil 1 espy, the Senate took up
A hill to appropriate the school lands in the Hiwassee District
to the use of schools for the instruction of children therein.
Mr. Murray moved to amend said bill by inserting in the 10th
section thereof the words "or agents" immediately after the words
"school lands."
And thereupon the'question was had, "Will the Senate make
said amendment?" and determined in the affirmative—ayes 12—
noes S, •
The gyes and noes being demanded constitutionally by Mr. Gil-
lespy,
The affirmative voters are,
Mr. Speaker Douglass, Anderson, Brabson, Burf'ord, Davis,
Frey, Jetton, M'Clellati, M'lver, Murray, Polk, Wyly—12.
The negative voters are,,
Mr. Andrews, Bradford, Field, Gillespy, Greene, Holman, Ly-
tie, Perkins—8.
And so said amendment was received.
Ordered that the clerk do by message acquaint the House of
Representatives therewith and ask their concurrence therein.
Mr. Perkins returned
A bill to establish the county of De Kalb in this State.
Said bill was read, and referred, on motion of Mr. Murray, to
the committee on new counties and county lines.
151
Mr. Burford returned with Mr. M'Clellan's amendment in lieu
of the whoje from the preamble,
A bill to secure and provide for the collection- of the legitimate
revenue of thi§ State.
Said amendment being amended,
On motion of Mr. Gillespy, the question was submitted, "Will
the Senate receive said amendment?" and determined in the af-
firmative—ayes 15, noes 4.
The ayes an'd noes being demanded constitutionally by Mr.
Greene,
The affirmative voters are,
Mr. Speaker Douglass, Anderson, Andrews, Brabson, Bradford,
Burford* Davis, Field, Frey, Gillespy, Jetton, M'Clellan, M'lver,
Perkins, Polk, Wyly—15.
The negative voters are,
Mr. Greene, Holman, Lytle, Murray—4.
And so said amendment was received.
Mr. Anderson then moved to strike from the said bill the pre-
amble thereof, which motion was sustained. Ayes 14, noes 5.
The ayes and noes being demanded constitutionally by Mr.
Greene,
The affirmative voters are,
Mr. Speaker Douglass, Anderson, Andrews, Brabson, Bradford,
Burford, Davis, Field, Ftev, M'Clellan, M^Iver, Murray, Perkins,
Polk, Wyly—15.
The negative voters are,
Mr. Gillespy, Greene, Jlolman, Jetton, Lytle—5.
And so said preamble was stricken out.
The bill was then read a third time as amended,
AncTthe question thereon being had, "Shall the^bill pass?" it
was determined in the affirmative—ayes 14, Ooes 5. k
The ayed and noes being demanded constitutionally by Mr.
Greehe,
The affirmative voters are,
Mr. Speaker Douglass, Anderson, Andrews, Brabson, Burford,
Field, Frey, Gillespy, Greene', Lytle, M'Clellan, M'lver, Polk, Wy-
ly—14.
The negative voters are,
Mr. Bradford, Davis, fjolman, Jetton, Murray—5. '
And so said bill passed its third reading.
A message from the House of Representatives by Mr, Campbell'
their clerk.
MR. SPEAKER,
The House of Representatives non-concur with
your resolution directory to the sub-corqimttee'on banks. They
concur with your resolution appointing Justices pf the Peace for
Tipton county. They have adopted resolutions appointing Jus-
1&2
tices of the Peace for the counties of Wilson, Weakly, Hawkins,
Robertson and Maury, in which they ask the concurrence ot the
Senate. ' .
The Senate concurred in the foregoing resolutions, and order-
ed the clerk to- acquaint the IJou^e of Representatives there-4
with.
The House of Representatives have adopted a resolution ap->
pointing Justices of the Peace for the counties of' Hamilton and
M'Nairy, in which they also ask the concurrence' of the Senate
And then he withdrew.
The Senate non concurred with that part of said resolution ap-
pointing Justices of the Peace for M'Nairy county, and ordered to
the table that part appointing a Justice of the Peace for Ham-
ilton county.
Mr. Gillespy introduced
A bill to establish a precinct at which to hold elections in the
county of M'Minn.
Mr. Burford,
A bill to close the affairs of the Bank of the State of Tennes-
see to appropriate the funds therein, and for other purposes.
Mr. Hoi man,
4 bill for the relief of Joseph Herd of White County.
Mr. Andrews,
A bill directory to the Register of the Western District in this
State.
Mr. Burford,
A bill to explain and amend an act passed December 7th, 1829,
chapter 29, more effectually to provide for emancipating slaves.
And ...
Mr. Frey, ^
A bill to amend the revenue laws of this 'State. All of which
were severally read a first time and passed.
Mr. Polk from the committee of enrolments, reported as 'cor-
rectly enrolled,
An act providing for the leasing of lands set apart for common
schools, and for the keeping of common English schools on the
same in Middle Tennessee. And
A "resolution appointing Justices of the Peace for the county of
Davidson.
Said enrolled act and resolution were signed by the Speaker of
the Senate^, and ordered to be transmitted to the House of Repre-
sentatives.
A"""bill to amend an act entitled an act to authorise Wm. Rey-
nolds, of the county of Greene, to open and establish a turnpike
road across Paint mountain, passed December 6tb, 1825, was, on
motion of Mr. Wyly, ordered to lie on the table.
A bill to reduce the fees on marriage license.
155
Abill for the relief of the occupants south and-west of the con-
gressional reservation line, and for other purposes. And
A bill to establish a new regiment in the county of Haywood,
and for other purposes, were severally read the third and last time
it> both Houses, passed and ordered to be enrolled.
On motion of Mr. Gillespythe Senate took up
Abill to establish and incorporate three boards of internal im-
provetnent in this State, and made it the order of the day for to-
morrow.
The Senate took up on its third reading,
A bill to authorise Justices of the Peace to take bail in certain
cases.
Air. Field offered an amendment thereto, which was received.
Mr. Murray then withdrew and returned the same with an a-
mendment, proposing to strike out the words "any two acting jus-
tices of the Peace resident in the county where the accused has"
for the purpose of inserting in heu thereof the words "for the Jus-
tice or Justices before whom any person or persons has."
And thereupon the question was submitted, "Will the Senate
make said amendment?" and determined in the negative—ayes 8.
noes 11.
The ayes and noes being constitutionally demanded,
Those who voted in the affirmative are,
Mr. Speaker Douglass, Andrews, Brabson, Bradford, Holman,
Jetton, Murray, Perkins, 8.
The negative voters are,
Air. Anderson, Burford, Davis, Field, Frey, Gillespy, Greene,
Lytle, M'Clellan, Polk, Wyly, 11.
And so said amendment was rejected.
Air. Gillespy then offered an amendment thereto.
And the Senate adjourned until tomorrow morning 9 o'clock.
TUESDAY MORNING, NOVEMBER 1st, 1831.
Mr. Alurray presented the petition of sundry citizens of Weak-
ly county, asking aid to enable them to make a road, from Dres-
den in said county of Weakly, in a direction to Mill's Point on
the Mississippi river; which was referred, on motion of Mr. Mur-
ray, to the committee on internal improvement in the Western
District.
Mr. Murray also presented the report of Hugh W. Dunlap,
Chairman of the board of common school commissioners for the
county of Henry: which was referred, on motion of Mr Murray,
to the committee on Education and common schools.
Mr. M'lver presented the petition of Wm. Crane, a citizen of
T
154
Hardeman county, praying to be released from a part of the costs
of a judgment recovered against him in relation to merchants'
license: which was referred, on motion of Mr. M'lver to the com-
mittee on propositions and grievances.
Mr. M'lver also presented the resignation of John Robinson,
a Justice of the Peace lor Tipton county; which was read and ac-
cepted.
Mr. Gil 1 espy presented the remonstrance of Miller Isbel, and
others, against the appointment of Thomas White as a Justice of
the Peace for Monroe county; which was referred, on motion of
Mr. Gillespy, to the committee on captains' companies and Justi-
ces of the Peace.
Mr. Gillespy introduced
A bill to provide for the appointment of county surveyors for
the counties of Monroe and M'Minn. And
Mr. Holtnan,
A bill to appoint solicitors general for each county in this
State; which were severally read a first time and passed.
On motion of Mr. Wyly, the Senate took up and read
A bill to authorise Justices of the Peace to take bail in certain
cases.
The amendment offered thereto on yesterday by Mr. Gille&py,
was read.and rejected.
Mr. Bradford moved to strike from the bill the words "for any
two acting Justices of the Peace," and insert in lieu thereof the
words "for the committing magistrate or magistrates or the sher-
iff of the county."
Mr. Holman offered the following in lieu of the amendment pro-
posed by My. Bradford, that, hereafter in all criminal prosecu-
tions, where the examining magistrates shall commit the de-
f'endant fo jail in bailable cases, for the want of sufficient bail
being offered by the defendant, it shall be the duty of such exam-
ining magistrates to send with the officer who conducts said crim-
inal to jail, to the jailer of the county wherein he may be com-
mitted, a mittimus to said jailer, stating the nature and cause of
tl e offence with which the defendant is charged, and the sum in
which he and his securities are required to be bound for the de-
fendarit's appearance at the court to which he is bound. And it
shall be the duty of the sheriff, by himself or deputy jailer, to take
such hail at any time before the arrival of the court to which the
accused is bound to appear.
And thereupon the question was had, "Will the Senate receive
said amendment?" and determined in the negative. Ayes 4, noes
16. , • '
The ayes and noes being demanded constitutionally by Mr. An-
derson,
Those who voted iu the affirmative are,
155
Mr. Gillespy. Holman, Jetton, Lytle, 4.
The negative voters are,
Mr. Speaker Douglass, Anderson, Andrews, Brabson, Bradford,
Burforcl, Davis, Field, Frey, Greene, M'Clellan, M'lver, Murray,
Perkins, Polk, Wyly, 16.
And so said amendment was rejected.
The question then recurred upon the amendment proposed by
Mr. Bradford. And the sense of the Senate being thereupon had,
it was determined in favor of said amendment.
The bill was then read as amended a third time and passed.
Mr. Gillespy submitted the following:
Resolved,,' by the General Assembly of the State of Tennessee,
that grant No. 214, issued by live State of North Carolina to Caleb
Carter be referred to the Secretary of State for adjudication; arid
if it shall be made satisfactorily to appear to said commissioner
that said grant issued upon a good and valid warrant, and has been
issued for lands lying south of French Broad and Holston, he
shall issue a certificate for the quantity of land contained in said
grant to John McGhee, provided he make proof that he has the
equitable right to the same.
A message from the House of Representatives by Mr, Campbell
their clerk.
Mr. SPEAKER,
The House of Representatives are now rea-
dy to go into the election set apart for this day. And then he
withdrew.
Whereupon the Speaker and gentlemen, members of the Sen-
ate, repaired to the hall of the House of Representatives, and two
branches of the General Assembly proceeded by joint ballot to the
election of an attorney general for the 12th solicitorial district of
this State; and on collecting and counting the ballots on the 5th
balloting, Alexander M. Hardin was duly and constitutionally
elected attorney general for saiyl district.
And thereupon the Speaker and gentlemen of the Senate re-
turned to their own chamber.
A message from the House of Representatives by Mr. Campbell
their clerk.
MR. SPEAKER,
The House of Representatives non-concur with
the amendment proposed by the Senate to "A bill to appropriate
the school lands in the Hivvassee District to the use of schools for
the instruction of4children therein. And then he withdrew.
Mr. Murfay moved the Senate to send an insisting message to
the House of Representatives, in relation to said amendment;
which motion was lost.
The bill was then put upon its passage,
156
And the question thereon being had, "Shall the bill pass?" it
was determined in the affirmative—ayes 12—noes 8.
The ayes and noes being called for constitutionally by Mr. Wv-
ly'
The affirmative voters are,
Mr. Speaker Douglass, Andrews, Bradford, Field, Frey, Gilles-
py, Greene, Holman, Jetton, Lytle, Perkins, Polk—12.
The negative voters are,
Mr. Anderson, Brabson, Burford, Davis, M'Clellan, M'lver,
Murray, Wyly—8.
And so said bill passed its third and last reading in both Hous-
es, and was ordered to be enrolled.
Mr. Greene introduced
A bill for the relief of John Kelly, of Marion county.
Mr. M'lver,
. A bill to amend an act passed at Nashville at the 18th General
Assembly,to incorporate the Hatchee turnpike company. And
Mr. Holman,
A bill to appoint Trustees of Mount Cumberland Academy, of
Fentress county; all of which were severally read a first time and
passed.
A bill for the benefit of Jesse Savage.
A bill to enable the citizens of Dickson county to build a court
house in said county, and for other purposes. And
A bill to amend an act entitled an act to authorise Wm. Rey-
nolds of the county of Greene, to open and establish a turnpike
road across Paint Mountain, passed December 6th, 1825, were
severally read a third and last time in both Houses, passed and
ordered to be enrolled.
Mr Brabson withdrew for amendment,
A bill for the benefit of Nathaniel B Butler.
The Senate took up the bill (set apart for this day) to establish
three boards of internal improvement in this 8tate. And after
some time spent.in its discussion, the Senate adjourned until to-
inorrow morning 9 o'clock.
WEDNESDAY NOVEMBER 2nd, 1831.
Mr. Holman presented the petition of Joseph Herd, coroner of
White county, 'and asked its reference to the committee on
claims.
Mr. Brabson presented the petition of sundry citizens of Clai-
borne county, asking for a law to be passed allowing Justices of
the Peace compensation for theirservices; which was referred, on
motion of Mr. Brabson, to the committee on the Judiciary.
isr
Mr. Holman from the committee on the Penitentiary, to whom
was referred a bill with an amendment, to repeal part of an act
entitled an act to reform and amend the penal laws of <he State
of Tennessee, passed the 9th of December, 1829, reported that
the committee have had the same under consideration, think thejr
provisions unreasonable, and had instructed him to recommend
their rejection.
Your committee beg leave further to report, that the law which
said bills proposes to repeal, provides that^no person shall unlaw-
fully and maliciously put out an eye, slit, cut off, or bite off, the
nose, ear or lip, of another, or any part or either of them, where-
by any person shall be maimed, or" disfigured.-—That no person
shall unlawfully and maliciously cut off, or disable the hand, arm,
leg or foot of another, or any part or either of them, whereby the
person so injured shall lose the proper use of any of those mem-
bers,—That whoever shall commit any of the offences herein enu-
merated, shall undergo confinement in the Jail and Penitentiary
House for a period not less than two, nor more than ten, years.
Your committee believe that the law which this bill proposes to
repeal, constitutes a very important part of our penal code, and
one which is highly necessary to the safety and well being of ci-
vil society. They are of opinion that cases of hardship will be
very rare, growing out of the operations of this law, for all offend-
ers are excused from the operation of the Statute, where the of-
fence is committed in self-defence, or without malice aforethought,
so that none are punished for the commission of the offences, pro-
posed to be repealed by said bill, but those who with malice afore-
thought commit such offences. And your committee are of opin-
ion that those offenders, (who with malice aforethought) bile off
their neighbors' ears, or nose, ought not to be viewed as light of-
fenders of the laws of their country. They believe that a jury of
the country will seldom, if ever, convict a man charged with the
commission of any such offences, unless he deserves severe pun-
ishment.
Your committee further beg leave to report, that pursuant to
the instructions of the Senate, they have gone into a critical ex-
amination of the. criminal code of last session. They have exam-
ined with much care and attention the several offences therein
enumerated, and the punishment annexed to the commission of
each, and are unanimously of the opinion that it would be impol-
itic at this time to make any alterations in that code. They are
aware that objections are raised to some parts of it, and are frank
to admit that this code like all other human institutions, has its
defects, but upon the whole think that this has fewer than any
other part of our laws of the same length. They believe that fre-
quent alterations in the penal laws, are productive of more evils
to society than good; and are fully persuaded that if our present
1&8
penal code be sufficient to remain unaltered a few years, society
will come to acquiesce generally in its wholesome and salutary
provisions, and that it will reflect honor on the Legislature of
1829 and 1830.
All of which is respectfully submitted.
JAMES T. HOLMAN, Chairman.
Said report, bill and amendment were, on motion of Mr. M'Clel-
lan, ordered to lie on the table.
Mr. Greene from the joint select committee, appointed to count
the votes given at the last general State elections, for and against
a convention, reported that no returns have, been received from
the counties of Campbell, Dyer, Fentress, Giles, Hardeman, Haw-
kins, Hay wood, Jackson, Lincoln, Marion, Obion, Overton, Da-
vidsori, Robertson, Shelby, Tipton, Washington and Wilson, and
that in the counties from which returns have been received on
that subject, a list of which is herewith submitted, there appears
to have been forty-four thousand three hundred and ninety-six
votes polled for Representatives in the General Assembly, and
twenty-eight thousand nine hundred and thirty-eight for the call
of a convention, which is respectfully submifted.
JAMES 1. GREENE,Chairman.
Said subject and report was on motion of Mr. Davis recommit-
ted to the committee for further investigation.
Mr. Polk from the committee on enrolments, reported as cor-
rectly enrolled, a bill to appropriate the school lands in the Hi-
wassee district, to the use of schools, for the instruction of cliil-
dren therein, and a resolution appointing a justice of the peace
for Sullivan county. Said enrolled bill and resolution were sign-
ed by the Speaker of the Senate, and ordered to be transmitted
to the House of Representatives.
A resolution submitted on yesterday by Mr. Gillespy, relating
to Grant No. 214, and directory to the Secretary of State, was
taken up read and referred to the committee on land claims.
Mr. Bradford submitted the following,
Resolved, That a joint committee be appointed to ascertain the
amount of academy money chargeable to the State Bank, inclu-
ding principal and interest, and that they apportion the amount
among the different counties, and that the same be paid by the
cashier to the trustees of the different academies accordingly.
Mr. Jetton introduced
A bill for the benefit of Burwell Carter.
Mr. Mclver,
A bill to establish the 124th Regiment of Tennessee militia in
this Slate. And
Mr. Murray,
A bill to authorize the commissioners of the Western district
turnpike road to rescind the contract existing between said com*
159
missioners and John Thomas, jun'r., and for other purposes, aH
of which were severally read a first time and passed.
Mr. Bradford submitted the following,
Resolved, That the Speaker of the Seriate, do hereafter, when
the hour arrives to which the court oi impeachment may have ad-
journed, announce the some, and invite the President thereof to
to the chair, and the rule being suspended, said resolution was
adopted.
A message from the House of Representatives by Mr. Campbell
their clerk.
MR. SPEAKER,
The Speaker of House ol Representatives, did
this day sign an enrolled resolution appointing justices of the
peace for the counties of Wilson, Weakly, Hawkins, Robertson,
and Maury. And then he withdrew.
The Speaker of the Senate signed said enrolled resolution and
ordered it to be deposited in the office of the Secretary of State.
Mr. Greene moved the Senate to take up the bills establishing
separate, boards of internal improvement in this State, together
with the report of the committee on that subject, which were laid
upon the table on yesterday, and made the order of the day for
this day, which motion was sustained. Ayes 12—Noes 8.
The ayes and noes being demanded constitutionally by Mr.
Greene,
The affirmative voters are,
Mr. Speaker Douglass, Anderson, Brabson, Frey, Gillespy,
Greene, Jetton, Lytle, McClellan, IVl'Iver, Murray, Perkins—12.
Th e negaiive voters are,
Mr. Andrews, Bradford, Burford, Davis, Field, Holman, Polk,
Wyly—8.
And so said motiofi prevailed.
The bill reported by the committee in lieu of the bills to them
referred , to establish and incorporate three boards of Internal Irn-
provement in this State, was read.—Said bill provided that, there
should be three boards of internal improvement established in the
State; one for East, one for Middle, and one for West Tennessee,
and that each board should consist of three commissioners to
be appointed by joint ballot of both houses of the General Assem-
bly, and that said boards should act separately and independent-
ly of each other, and that they should respectively manage, con-
trol and apply the internal improvement fund in the manner set
apart and made to the three several divisions of this State, by an
act passed at the 18th General Assembly, entitled an act for the
improving the navigable rivers and other objects of improvement
in this State, requiring, however, that the whole of the sixty thou-
sand dollars, allotted to Easi Tennessee, should be expended in
removing obstructions to navigation in the Tennessee and Holston
160
rivers and their tributaries, and giving to said boards respectively
all the rights, powers and privileges usually vested in corpora-
tions, subjecting them nevertheless, to the further control and
management of the Legislature. Said bill authorized the Presi-
dent of said board, (a majority of the commissioners, concurring
therein) to draw on the cashier of the bank of the State of Tennes-
see at Nashville,and on the cashier of the branch Bank at Knoxville
for such portion of the sums to the several decisions allotted, as
to them might seem requisite to the successful prosecution and
speedy completion of such contracts as might be enterred into,
allowing said commissioners two dollars each, per day for their
services, and two for every twenty-five miles travelling to and re-
turning from the place of their meeting; and requiring said com-
missioners to be elected every two years.
To which Mr. Bradford offered the following amendment,(towit:)
Be it enacted, that it shall not be lawful for the cashiers of the
Bank of the State at Nashville and Knoxville to pay any portion
of the money, hereby directed to be paid to said boards of com-
missioners unless they are satisfied, that by so doing, the money
set a apart for common schools will not be interferred with les-
sened or reduced.
And the question of acceptance being had, and the ayes and
noes being taken thereon, the Senate were unanimous in favor
of said amendment.
Mr. Greene offered an amendment in lieu of the whole bill, as
reported by the committee, and in lieu of those to them referred,
which being objected toby Mr. Field on the ground that the bills
referred had not been read, Mr. Greene withdrew his amendment.
Mr. Holman then moved the Senate to adjourn until the usual
hour, and the question thereon being taken it was determined
against said motion. Ayes 9—Noes 11.
The ayes and noes being demanded constitutionally by Mr.
Greene,
Those who voted in favor of said motion are,
Mr. Anderson, Andrews, Bradford, Davis, Field, Holman, Jet-
ton, Perkins, Polk—9.
Those voted against said motion are,
Mr. Speaker Douglass, Brabson, Burford, Frey, Gillespy,
Greene, Lytle, M'Cleilan. Mclver, Murray, Wyly—11.
And so said motion was lost.
Mr. Holman moved to lay the bills and report upon the table,
and the quetion thereon being taken it was determined in the neg-
ative. Ayes 6—Noes 14.
The ayes and hoes being demanded by Mr. Davis, those who vo-
ted in the affirmative are,
Mr. Andrews, Bradford, Davis, Holman, Mclver, Perkins- 6*
Those who voted in the negative are,
161
Mr. Speaker Douglass, Anderson, Brabson, Burford, Field,Frey
Gillespy, Greene, Jetton, Lvtle, M'CIellan, Murray, Polk, Wyly—*
14.
And so said motion was overruled.
Mr. Murray moved to strike from the bill reported by the com*
initiee, all and every part thereof that related to the Western Dis-
trict, and to the appropriation made to that section; which motion
was sustained.
Mr. Dolman moved to strike out all that part relating to Middle
Te nnessee.
And the question thereon being had, it was determined in favor
of 6aid motion. Ayes 14, noes 6.
The ayes and noes being demanded,
The affirmative voters are,
Mr. Speaker, Andrews, Burford, Davis, Field, Frey, Gillespy,
Greene, Holman, M'CIellan, M'lver, Murray, Polk, Wyly—14.
The negative voters are,
Mr. Anderson, Brabson, Bradford, Jetton, Lytle, Perkins—6.
And so said motion prevailed.
Mr. Greene then offered in lieu of the whole,
A bill to establish and incorporate a board of internal improve-
ment in that part of the State east of Cumberland mountain;
which being amended, on motion of Mr. Burford, the question
was thereupon had, "Will the Senate receive said bill in lieu of
the whole?" it was determined in the affirmative—Ayes 17,
Noes 2.
The ayes and noes being demanded by Mr. Greene,
The affirmative voters are,
Mr. Speaker, Anderson, Andrews, Brabson, Burford, Davis,
Frey, Gillespy, Greene, Holman, Jetton,Lytle, M'CIellan, M'lver,
Murray, Perkins, Wyly—17.
The negative voters are,,
Mr. Bradford, Field—2.
And so said bill was received in lieu of the whole.
Mr. Murray then offered the following additional section as an
amendment thereto.
Be it enacted that the sum of thirty thousand dollars heretofore
appropriated for the Western District by act of Assembly of 1830,
chapter 75, be, and tfie same shall be paid over to such board
or boards of internal improvement commissioners as may be pro-
vided for during the present session of the Legislature, under
the same rules and regulations as govern the board of internal
improvement commissioners for East Tennessee as herein provi-
ded for, in drawing the amount set apart for that section for the
purposes of internal improvement. Which sum of thirty thousand
dollars shall be equally divided among the several counties Jyiug^
west of Tennessee river.
U
163
Which said amendment was received.
Mr. Bradford offered the following amendment thereto:
Be it enacted th it such portion of money allotted to Middle Ten-
nessee by the act of 1829 be paid over by the cashier of the State
Bank to the county Trustees, of each of the counties therein con*
tained, according to the census of free white population, recently
made under the authority of an act of Congress to be appropriated
by the respective county courts for internal improvements.
And the question thereon being had, "Will the Senate receive
said amendment?" it was determined in the negative—ayes 2,
noes 17.
The ayes and noes being demanded,
The affirmative voters are,
Mr. Bradford, Davis—2.
The negative voters are,
Mr. Speaker, Anderson, Andrews, Brabsoo, Burford, Field,
Frey, Gillespy, Greene, Jetton, Lytle, M'Clellan, M'lver, Murray,
Perkins, Poik, Wyly—17.
And so said amendment was rejected.
Mr.Perkins then moved the Senate to adjourn; and the ques-
tion thereon being taken, it was determined against said motion,
ayes 3, noes 16.
The affirmative voters are,
Mr. Speaker, Jetton, Perkins—3.
Negative;
Mr. Anderson, Andrews, Brabson, Bradford, Burford, Davis,
Field, Frey, Gillespy, Greene, Lytle, M'Clellan, M'lver, Murray,
Polk, Wyly—16.
And so said motion was rejected.
The bill was then put upon its passage,
And the question thereon being had, "Shall the bill pass?" it
was determined in the affirmative—ayes 16, noes 2.
The ayes and noes being demanded constitutionally by Mr.
Greene,
The affirmative voters are,
Mr. Speaker, Anderson, Andrews, Brabson, Burford, Davis,
Frey, Gillespy, Greene, Lytle, M'Clellan, M'lver, Murray, Perkins,
Polk, Wyly—16.
The negative voters are,
Mr. Bradford, Field—2.
And so said bill passed its second reading.
THURSDAY MORNING, NOVEMBER 3rd, 1831.
Mr. Greene presented the petition of Robert Burke, jr. for au-
16S
thority to open a turnpike road; which was referred, on motion
of Mr. Greene, to the committee on internal improvement.
Mr. Greene also presented the petition of sundry citizens of
Hamilton, Eledsoe and Marion eoumies, praying that compensa-
tion be allowed to John C. Haley and son, for work done in re-
moving obstructions to navigation in Tennessee river; which was
referred, on motion of Mr. Greene, to the committee on internal
improvement.
Mr. Andrews presented the petition of sundry citizens of Perry
counfy, praying that a preference be given to the Methodist Epis-
copal Church in said county to enter ten acres of land.
And introduced
A bill for the benefit of the Methodist Episcopal Church in Per-
ry county.
Said petition and bill were referred, on motion of Mr. Andrews,
to the committee on claims.
Mr. Gillespy presented the petition of Henry Matlock; which
was laid on the table on motion of Mr. Gillespy.
Mr. Polk from the committee of enrolments, reported as cor-
rectly enrolled,
A bill for the relief of occupants south and west of the congress-
ional reservation line, and for other purposes.
The Speaker of the Senate signed said enrolled bill, and order-
ed it to be transmitted to the House of Representatives.
The resolution submitted on yesterday by Mr. Bradford, ap-
pointing a joint committee to ascertain the amount of Academy
money chargeable to the Stale Bank, and for other purposes, was
taken up and adopted.
The Speaker appointed Messrs. Bradford, Burford and Brabson
said committee on the part of the Senate.
A bill making compensation to certain enterers and grantees of
land between the two Kentucky lines, was taken up on its third
and last reading in both Houses, read and passed with an order
to be enrolled.
The Senate then adjourned until to-morrow morning, $ o'-
clock.
FRIDAY MORNING, NOVEMBER 4th, 183!.
Mr. Gillespy presented the report of the clerk of the circuit
court of M'Minn county, shewing the number of suits docketed
in said court, from April Win, 1826, to October term, 1830; which
was referred, on motion of Mr. Gillespy, to the committee on the
Judiciary.
Mr. Greene presented the petition of sundry citizens oi Marion
164
county, praying that the laws be extended over the Cherokee In-
dians within the chartered limits of this State.
Said petition was, on motion of Mr. Greene, laid on the table.
Mr. Murray asked leave to withdraw the petitions from citizens
of Haywood county, referred by him to the committee on cap-
tains'companies and Justices of the Peace.
Leave being granted, said petitions were, on motion of Mr.
Murray, laid upon the table.
Mr. Field moved that the committee on captains' companies and
Justices of the Peace be discharged from the further consideration
of all petitions referred to them; which motion was sustained.
Mr. Jetton moved that such petitions as have not been acted
upon by said committee, be transmitted to the House of Repre-
sentatives.
The motion was sustained, and the clerk ordered to transmit
the said petitions accordingly.
A bill for the relief of George W. Churchwell and others, was
taken up, and on motion of Mr. Davis, referred to the committee
on claims.
Mr. Gillespy introduced
A bill for the relief of Jeremiah Frazier.
Said bill was read the first time and passed.
Mr. Greene submitted the following:
Resolved, That a joint select committee of both Houses be ap-
pointed to take into consideration the expediency of extending the
civil jurisdiction of this State over the Cherokee Indians within
the chartered limits thereof; and that they report thereon by bill
or otherwise.
The rule being suspended on motion of Mr. Greene, the resolu-
tion was adopted.
The Speaker appointed Messrs. Greene, Frey, Lytle and Wyly,
said committee on the part of the Senate.
A message from the House of Representatives by Mr. Campbell
their clerk.
MR. SPEAKER,
The House of Representatives have adopted a
resolution to go into the election of a chancellor for the Western
division, on the 4th instant. And then he withdrew.
The Senate non-concurred with said resolution, and ordered
the clerk to acquaint the House therewith.
The Senate then adjourned until to-morrow morning, So'-
clock.
SATURDAY MORNING, NOVEMBER 5th, 1831.
Mr. Murray presented the petition of Thomas Ross for a di
109
vorce; which was referred, on motion of Mr. Murray, to the"com-
mittee on divorces.
Mr.Murray presented the depositions o. Lawrence L.Cook, VVtit.
King, Thomas L. Daniel and Blake BarfieUi, in relation to the
case of Sarah Griffi i; which were also referred to the committee
on divorces.
Mr. Murray presented the petition of sundry citizens of Carroll
county, praying that Wm. VV. Foreman arid Thomas J. N. Bridges
be appoin ed Justices of said county.
Similar petitions from citizens of said county, praying the ap-
pointment of John Stewart, Samuel Benton and John K. Clarke,
Justices of the Peace therefor.
And the certificate of Richard Greene, certifying to the election
ef William Elmore as a Justice of the Peace for Carroll coun-
ty\ .
Said petitions and certificate were, on motion of Mr. Murray,
referred to the committee on captains' companies and Justices of
the Peace.
Mr. Murray introduced
A bill for the benefit of Robert Jetton and others. And
A bill to amend an act entitled an act to establish turnpike bridg-
es in the Western District. And
Mr. Frey,
A bill to regulate the proceedings of courts of Justice in cer-
tain cases.
Said bills were severally read the first time and passed.
Mr. Brabson returned with an amendment,
A bill for the benefit of Nathaniel B. Butler; which, together
with the amendment, were, on motion of Mr. Brabson, laid upon
the table.
A bill to authorize a lottery for the continuation of Union street
in the city of Nashville, was taken up on its third and last read-
ing in both houses, passed and ordered to be enrolled.
The yeas and nays being constitutionally demanded by Mr.
Murray.
The affirmative voters are
Mr. Speaker Douglass, Anderson, Andrews, Brabson, Brad-
ford, Field, Gillespy, Greene, Holman, Lytle, M'lver, Polk and
Wyly—13.
The negative voters are
Mr. Davis, Frey, Jetton, McClellan and Murray—5.
And so said bill passed its third and last reading.
Mr. Davis introduced
A bill for the benefit of Nathan Jobe, which was read the first
time and passed
Mr. Andrews submitted the following,
166
Resolved, That this Senate meet regularly at 8 o'clock in the
forenoon on each day.
Mr. Greene the following,
Resolved, That no bill shall be introduced into this House after
the 15ih day of this inst. during the present session of this Gen-
eral Assembly, except through the regular committees on sub-
jects that are or may be referred to them.
And
Mr. Murray the following
Resolved, by the General Assembly of the State of Tennessee,
That Nathan L. Norvelle, Moses T. Span and James Bourland
be, and they are hereby appointed justices of the peace for Weak-
ly county.
A message from the House of Representatives by Mr. Campbell
their Clerk.
MR. SPEAKER,
The House of Representatives have adopted are-
solution appoining justices of the peace for the counties of Carter,
Montgomery and Stewart, in which they ask the concurrence of
this House.
And then he withdrew.
The Senate concurred with said resolution, and ordered the
clerk to acquaint the House of Representatives therewith.
The Senate took up on its third and last reading,
A bill to incorporate the Franklin Rail Road company.
Mr. Field proposed an amendment to the ninth section by add-
ing thereto the words "or to the public," which was received.
Mr. Gillespy and Mr. Field offered additional amendments,
which together with the bill were on motion of Mr. Gillespy laid
upon the table.
On motion of Mr. Gillespy,
Ordered, That the rule of the Senate requiring bills upon their
third reading to be first taken up and acted upon, be rescinded.
Received from the House of Representatives.
A bill to extend the time allowed by law for the erection of cer-
tain turnpikes and bridges in the Western district.
A bill to suppress the passing of Treasury notes and change
tickets.
A bill to alter the time of holding musters in the 112th regi-
tnent ofTennessee militia.
A bill for the benefit of Montgomery Bell.
A bill to authorize Elijah Anthony of Giles county to build a
mill.
A bill for the benefit of Elizabeth C. Jkll. And
A bill the relief of those persons who are about to be injured by
the loss of papers, records, &c. by the hurricane at Charlotte in
1830, all of which were severally read a first time and passed.
1(57
A message from the House of Representatives by Mr. Campbell
their clerk.
MR. SPEAKER,
The. Sp.^kei- oi the House of Represents-
lives did this dsy sign au et mil -.1 r^nluiion appointing justices
of the ^ e fc r the couiu s if 1'arit i, Montgomery and Stewart.
At il then lie vv Itlirire w.
Sain Resolution tv is then signed hy the Speaker of'the Senate,
and ordered to be deposited in the office of the Secretary of State.
Mr. Frey submitted the following, *
Resolved, by the General Assembly of the State of Tennessee,
That Miekins Carr be, and he is hereby appointed a justice of the
peace in and for the county of Dickson.
Received from the House of Representatives.
A bill for the benefit of Aaron Lancaster of Hickman county,
v\hu k was lead, and the cpiestion thereon being had, "shall the
hill | <ss?1'it vvus determined in the affirmative—ayes 13—Noes 7
lie yt s and noes being demanded constitutionaily by Mr.
Bradford.
The affirmative voters are,
Mr. Speaker Douglass, Andrews, Brabson, Bradford, Davis,
Frey, Giilespy, Greene, Jetton, Lytle, Murray, Perkins, Polk—13.
The negative voters are,
Mr. Anderson, Burford, Field, Holman, McClellan, Mclver, Wy-
ly—7.
And so said bill passed its first reading.
Mr. Holman returned with an amendment providing for tfie re-
lief of Martha Mclbry of White county, A bill for the benefit of
Sally Martin—said amendment was recevied—the bill read as a-
mended, and the question thereon being had, "shall the bill pass?"
it was determined in the affirmative—ayes 15—noes 3. <
The ayes and noes being demanded constitutionally by Mr.
Field,
The affirmative votere are,
Mr. Speaker, Andrews, Brabson, Burford, Davis, Frey, Giilespy,
Greene, Holman, Jetton, Lytle, McClellan, Murray, Perkins, Polk
—15.
The negative voters,
Mr. Anderson, Field, Mclver—3.
And so said bill passed its third reading.
A bill for the benefit of Nancy McClanalhan,
A bill to amend an act entitled an act to compel the commis-
Bionersof the town of Lawrenceburgh to close their business and.
to appropriate the monies in their hands to county purposes, pas-
6ed December 7th, 1830.
A bill to change the time of holding the county courts of Hen-
derson county.
ICS
A bill for the relief of the personal Representatives and legal
heirs of John McEwen and James McAmy, dec'd.
A bill providing for the entry of the forfeited lands in the Hi-
wassee district.
And
Ab:!l to incorporate the town of Troy in the county of Obion,
were severally read a second time and passed.
A bill to establish a new militia company in the county of Wil-
set, and for other purposes, was read a third and last time in
both Houses, passed, and ordered to be enrolled.
Mr. Wyly introduced
A bill tor the benefit of the citizens of the counties of Washing-
ion and Greene, which was read a first time and passed.
The Senate then adjourned until Monday morning, 9 o'-
clock.
MONDAY MORNING, NOVEMBER 7th, 1831.
Mr. Brabson presented the petition of Delany Mitchell, praying
to be divorced from her husband, Robert Mitchell; and also a
copy of the record of the case of the State against the said Robert
Mitchell; which were referred, on motion of Mr. Brabson, to the
committee on divorces.
Mr. Gillespy,
The petition of John N. Smith, praying the passage of a law
allowing him to hawk and peddle without obtaining license there-
for.
Mr Anderson,
The petition of sundry citizens of Knox county, praying that
the militia laws of this State be so amended as to require but one
company muster in the year; which was referred, on motion of
Mr. Anderson, to the committee on the militia.
Mr. Andrews presented the petition of Briggs Barker, praying
to be divorced from his wife Elizabeth.
And introduced
A bill for that purpose; both of which were referred, on motion
of Mr. Andrews, to the committee on divorces.
Mr. Murray presented a letter from Thomas Ross, on the subject
of a divorce; which was referred, on motion of Mr. Murray, to the
committee on divorces.
Mr. Polk from the committee of enrolments reported as correct-
ly enrolled,
An act for the benefit of William M'Cay.
An act for the relief of Elizabeth Casey of Rhea county.
169
An act to authorise the Sheriffs of Rhea and Lincoln counties to
appoint three deputies.
An Act to amend to amend an act passed on the 28th day of
December, 1829, to revise and amend the stray laws of this
State.
An act for the benefit of Carrick W. Nelson, of Carter coun-
ty- .
An act to reduce the fees on marriage license.
A resolution appointing Justices of the Peace for the county of
Tipton. And.
A resolution appointing Justices of the Peace for Franklin
county.
Said enrolled bills and resolutions were signed by the Speaker
of th e Senate, and ordered to be transmitted to the House of Rep-
reseutatives.
A resolution submitted on Saturday last by Mr. Murray, ap-
pointing Justices of the Peace for thecnqnty of Weakly. And
A resolution submitted by Mr. Frey, appointing a Justice of the
Peace for Dickson county, were taken up, severally read and
adopted.
Ordered that the clerk acquaint the House of Representatives
therewith, and ask their concurrence therein.
A resolution submitted on Saturday last by Mr. Greene, prohib-
iting the introduction of bills after the 15th day of this month,
was taken up and read.
Mr. Davis moved its indefinite postponement. And the sense
of the Senate being thereupon had, it was determined in the nega-
tive—ayes 7, noes 12.
The ayes and noes being demanded constitutionally by Mr.
Greene,
The affirmative voters are,
Mr. Brabson, Davis, Gillespy, Holman, Jetton, Lytle, M'lver
—7.
The negative voters are,
Mr. Speaker, Anderson, Andrews, Bradford, Burford, Field,
Frey, Greene, M'Clellan, Murray, Polk, Wjly—12.
And so said motion was overruled.
Mr. Jetton then moved to lay said resolution on the table until
Monday next, which motion prevailed.
A resolution submitted on Saturday last by Mr. Andrews, re-
quiring the Senate hereafter to meet at 8 o'clock regularly in the
forenoon of each day, was taken up and read.
Mr. Holman moved its indefinite postponement, which motion
was lost.
Mr. Brabson moved to amend said resolution, by requiring the
Senate to meet regularly at 7 o'clock in the morning, and at one
Y
170
o'clock in the evening; which motion wa3 sustained—ayes 12,
noes 5.
The ayes and noes being demanded constitutionally by Mr. Brab-
son-
The affirmative voters are,
Mr. Speaker, Brabson, Bradford, Davis, Frey, Greene, Holman,
Jetton, Lytle, M'Cle.llan, M'lver, Wyly—12.
The negative voters are.
Mr. Anderson, Andrews, Murray, Perkins, Polk—5.
And so said motion prevailed.
Whereupon it was ordered that the Senate meet regularly here-
after at seven o'clock in the morning, and at one o'clock in the
evening of each day of the present session.
Mr. Muraay from the committee on claims, to whom was re-
ferred,
A bill fcr the benefit of George W. Cburchwell and others,
reported that the committee had carefully examined its provisions,
and had instructed him to offer the following amendment in lieu
of the 2nd section thereof.
Be it enacted that the school commissioners for Warren county
pay to Nathan Haggard the sum of seventy-five dollars out of any
monies in their hands arising from rents and profits of school
lands in said county, not otherwise appropriated; and in that
shape to recommend the passage of the bill.
Whereupon the sense of the Senate was thereupon had, and
determined against said amendment.
Mr. Holman then offered the following in lieu of the said 2nd
section, (to wit:)
Be it enacted that it shall be the duty of the bank agent of War-
ren county, to pay to Nathan Haggard seventy-five dollars, out
of the common school fund for said county. And the receipt of
said Haggard sball.be a good voucher in the settlement of his ac-
counts.
Said amendment was read and rejected.
Mr. Bradford then moved to amend said 2nd section, by requir-
ing the^cashier of the bank of the State of Tennessee, to pay the
said sum of seventy-five dollars to the said Nathan Haggard, out
of the common school fund.
And the question thereon being had, "Will the Senate make the
amendment?" it was determined in the negative—ayes 3, noes
i7.
The ayes and noes being demanded constitutionally,
Those who voted in the affirmative are,
Mr. Bradford, Holman, Perkins—3.
The negative voters are,
Mr. Speaker, Douglass, Anderson, Andrews, Brabson, Burford,
171
Davis, Field, Frey, Gillespy, Greene, Jetton, Lytle,. M'Clellan,
M'lver, Murray, Polk, Wyly—17.
And so said amendment was rejected.
Mr. Bradford offered an amendment to said bill, requiring the
Treasurer of West Tennessee to pay to George W. Gibbs the sum
of seventy-five dollars, for services rendered in defending the
title of the school lands against the act of the General Assembly
directing said Treasurer to sell the same, and tvhich was recently
determined against the State in the Supreme court at Nashville.
Mr. Gillespy, with the consent of Mr. Bradford, added to said
amendment a provision requiring the Treasurer of East Tennes-
see to pay to Return J. Meigs seventy-five dollars for services ren-
dered for prosecuting a bill of injunction in the chancery court at
Kingston and the Supreme court at Knoxville, inhibiting the said
Treasurer from selling a schopl section of land in the county of
M'Minn, under an act of Assembly passed in the year 1825.
And thereupon the question was submitted, "Will the Senate
receive said amendment?" and determined in the negative—ayes
5, noes 15.
The ayes and noes being demanded constitutionally,
The affirmative voters are,
Mr. Bradford, Gillespy, Holman, Lytle, Perkins, 5.
The negative voters are,
Mr, Speaker, Anderson, Andrews, BrabsoD, Burford. Davis,
Field, Frey, Greene, Jetton, M'Clellan, M'lver, Murray, Polk, Wy-
ly—15.
And so said amendment was rejected.
Mr. Davis then moved to strike the 2nd section from the bill
which motion was sustained—ayes 13, noes 7.
The ayes and noes being demanded constitutionally by Mr. Da-
vis,
The affirmative voters are,
Mr. Anderson, Andrews, Brabson, Davis, Field, Frey, Greene,
M'Clellan, M'lver, Murray, Perkins, Polk,.Wyly—13.
The negative voters are,
Mr. Speaker, Bradford, Burford, Gillespy, Holman, Jetton, Ly-
tie—7.
And so said motion prevailed.
And the bill being upon its third and last reading, it was order-
ed that the clerk acquaint the House of Representatives there-
with, and ask their concurrence therein.
On motion of Mr. Wyly,
The Senate again resolved themselves into a committee of the
whole—Mr. Frey in the chair, on the preamble and resolution
heretofore submitted by him in relation to the Bank of the United
States. And after some time spent in discussing the same, the
173
committee rose, reported progress, and asked leave to sit again on
Monday next.
A message from the House of Representatives by Mr. Campbell
their clerk.
MR. SPEAKER,
The House of Representatives concur in your
resolution appointing a joint committee to ascertain the amount
of Academy money chargeable to the State bank, and for other
purposes. They have adopted a resolution appointing Justices of
the Peace for the county of Carter, in which they ask the con-
currence of the Senate. And then he withdrew.
The Senate concurred in said resolution, and ordered the clerk
to acquaint the House therewith.
TUESDAY MORNING, NOVEMBER 8th, 1831.
Mr. Anderson presented the petition of Larkin H. Bowling, of
Anderson county, and introduced a bill for his relief; which were,
on motion of Mr. Anderson, referred to the committee on proposi-
tions and grievances.
Mr. Gillespy presented the petition of Wm. Henry; which was
referred, on motion of Mr. Giilespy, to the select committee on the
report of the Hon. Charles F. Keith.
Mr. Davis from lite committee on claims, to whom was referred
a bill for the relief of the heirs of James Taylor, Sen. late of Co-
lumbia, Siuth Carolina, reported that the committee have had
the same under consideration, think its provisions reasonable,
and recommend its passage with slight amendments.
Said amendments were received, and the bill passed its second
reading.
Mr. Frey from the committee on Finance, to whom was referred
a bill to repeal all laws and parts of laws making ex-officio allow-
ances to clerks and attorneys general, reported that the committee
have had the same under consideration, think its provisions un-
reasonable, and recommend its rejection.
Mr. Gillespy moved to lay the report on the table, which motion
was lest.
The question was thereupon submitted, "Will the Senate con-
cur with the Report of the committee?" and determined in the af-
firrnative—yeas 15, nays 5.
The yeas and nays being constitutionally demanded by Mr. Hoi-
man,
The affirmative voters are,
Mr. Speaker Douglass, Anderson, Andrews, Brabson, Burford,
173
Davis, Field, Frey, Gillespy, Jetton, Lytle, M'lver, Murray, Polk
and Wyly—15.
The negative voters are,
Mr. Bradford, Greene, Holman, M'Clellan and Perkins—5.
And so said report was concurred with.
Wl lereupon the hill v as put upon its passage and rejected.
Mr. Holman, from the committee on the Penitentiary, to whom
was referred
A biil making an appropriation for the completion of thePeni-
tentiary established in this Stale, reported that the committee have
had the same under consideration,-think its provisions reasonable
and recommend its passage.
Mr. Bradford moved a non-concurrence with said report; which
motion was lost—yeas 6, nays 14. .
The yeas and nays being constitutionally demanded by Mr.
Bradford,
Those who voted in the affirmative are,
Mr. Brabson, Bradford, M'Clellan, Wyly, Field and PerkiDS,
—6.
The negative voters are,
Mr. Speaker Douglass, Anderson, Andrews, Burford, Davis,
Frey, Gillespy, Greene, Holman, Jetton, Lytle, M'lver, Murray
and Polk—14.
And so the Senate refused to non-concur with the report of the
committee,
Mr. Field moved to strike out the third section of the bill; which
motion was lost—yeas 6, nays 14.
The yeas and nays being constitutionally demanded by Mr.
Field,
The affirmative voters are,
Mr. Brabson, Bradford, Field, McClellan, Perkins and Wy
ly—G.
The negative voters are,
Mr. Speaker Douglass, Anderson, Andrews, Burford, Davis,
Frey, Gillespy, Greene, Holman, Jetton, Lytle, M'lver, Murray
and Polk,—14.
And so said 3d section was not stricken out.
The Bill was then put upon its passage, and the question being
had, "shall said bill pass?" it was determined in the affirmatiive.
Yeas 16— Nays 4.
The yeas and nays being constitutionally demanded by Mr.
Brabson.
The affirmative voters am,
Mr. Speaker Douglass, Anderson, Andrews, Burford, Davis,
Field, Frey, Gillespy, Greene, Holman, Jetton, Lytle, M'lver,
Muray, Perkins, Polk—16.
The negative voters are,
17k
Mr. Brabson, Bradford, M'Clellan, Wyly—4.
And so said bill passed its second reading.
Mr. Polk from the committee of enrollments, reported as cor-
rectly enrolled, A bill to amend an act to authorizes William Rev-
nolds of the county of Greene, to open and establish a turnpike
road across Paint mountain, passed Dec. 6, 1325.
The Speaker of the Senate signed said enrolled bill and order-
ed it to be transmitted to the House of Representatives.
On motion of Mr. Murray,
Ordered, That the rule requiring the Senate to meet regularly
at 7 o'clock A. M, and at one o'clock P. m, be rescinded.
The Senate then adjourned until to-morrow morning 9 o'clock.
WEDNESDAY MORNING, NOVEMBER 9, 1831.
Mr. Perkins presented the return of the clerk of the Circuit
court clerk of Warren county, shewing the amount of State Tax
collected by him for the years 1S29 and 1830. which was refer-
red on motion of Mr. Perkins to the committee on finance.
Mr. Murray presented the returns of the clerk of Dyer county
court, shewing the amount of taxes collected by him for the year
ending the 1st day of October 1829 and 1830, and also the state-
meutof said clerk, shewing the amount and description of taxa-
ble property and polls, listed and returned for the year 1829, and
which is chargeable to the Sheriff'of said county, which were re-
ferred on motion of Mr, Murray to the committee on finance.
Mr. Murray also presented the petition of sundry citizens of Car-
roll county, asking the appointment of justices of the peace be giv-
en to WyettR. Scales, which tvas referred on motion of Mr.
Murray to the committee on captain's companies and justices of
the peace.
Mr. Frey submitted the following,
Resolved, by the General Assembly of the State of Tennessee,
That Samuel Russell be, and he is hereby appointed a justice of
the peace.in and for the county of Dickson.
Mr. Burford introduced
A bill for the benefit of John Walters of Smith county.
Mr. Anderson
A bill to repeal an act passed in 1827, authorizing Isaac and
Lewis Miller to erect a mill dam on Clinch river.
Mr. Brabson
A bill to amend an act entitled an act to authorize Thomas
Wheeler of Campbell county, to Open a turnpike road, passed the
13th December, 1827.
Mr. Perkins,
175
A bill to explain an act entitled an act more effectually to res-
train the taking of excess.^ e usury, passed at Murfreesborough on
the 13th of November, 18 19.
Mr. Hoi man,
A bill to amend the laws now in force regulating the manner of
granting writs of certiorari and supercedeas, and for other pur-
poses. And
A bill to provide for the payment of the Record books of the
clerks of the Supreme courts of this State, all of which were sev-
erally read a first time and passed.
Mr. Perkins introduced
A bill to authorize the clerks of the county courts, in this State
to enter up judgments upon feited delivery bonds in certain cases,
which was read and referred on motion of Mr. Gillespy to the ju-
diciary committee.
A bill for the relief of persons who may have married, within
the degrees prohibited by law, was taken up and amended by Mr.
Davis, read a second time and passed.
Mr. Murray introduced
A bill for the benefit of the executors and legal representatives
of Robert Henry Dyer, deceased, which was read and referred
to the committee on propositions and grievances.
A bill to authorize Jose C. Dew & company to build a toll
bridge across the falling Water in White county, was read a se-
cond time and passed.
Received from the House of Representatives,
A bill concerning trustees.
A bill to extend the corporation of the town of Knoxville.
And
A bill concerning free persons of color, and for other purposes,
all of which were severally read a first time and passed.
The Senate took up on motion of Mr. Jetton, on its third and
last reading in both Houses, A bill to incorporote the Franklin
rail road company. Mr. Jetton moved to extend the corporation of
said company to 150 years—"lost."
Mr. Gillespy offered an arnendmeut thereto, limiting the corpo-
ration of said company to ninety-nine years.
Mr. Field an amendment, providing that in no case shall
the powers therein granted be construed to extend to and prohi-
bit the courts of the counties through which said road may pass,
from constructing public roads, crossing the same at such places
as may be deemed necessary by said courts for the utility of the
public, both of said which amendments were received.
Mr. Murray then asked and obtained leave to withdraw said bill
for further amendment.
Mr. Mclver introduced
176
A bill to regulate the taxation of lands in this State and to en-
force the collection of the same. And
Mr. Bradford
A bill to divorce Elias Moore from his wife Permelia, which
were severally read a first time and passed.
A bill to explain and amend an act passed December 7th, 1829,
chapter 29; more effectual!}' to provide for emancipating slaves,
was read a second time and passed.
Mr. Wyly introduced
A bill to repeal part of the fourth section of an act entitled an
act to establish the Gth judicial circuit, and for other purposes.
Mr. Brabson
A bill to divorce Delaney Mitchell of Grainger county from her
husband Robert Mitchell.
And
Mr. Anderson
A bill to provide for the circulation and preservation of the
journals of the congress of the United States'and for other purpo-
ses, all of which were severally read a first time and passed.
The Senate then adjourned until to-morrow morning 9 o'clock.
THURSDAY MORNING, NOVEMBER 10, 1831.
Mr. Anderson presented the petition of James M'Millan, deputy
sheriff of Knox county, praying compensation for taking Charles
McNally from the jail of M'Minn county to Knoxville: and also, a
certified copy of the order of the Supreme court at Knoxville con-
cerning the costs in the case of the State ofTennessee vs. Charles
McNally, which wererefererd on motion of Mr. Anderson ,to the
committee on claims.
Mr. Murray presented the petition of Henry Staples, praying
that he be allowed a preference overall others to a certain tract
of'and therein specified; which was referred, on motion of Mr.
Murray, to the committee on land claims.
The resolution submitted on yesterday by Mr. Frey, appointing
a Justice of the Peace for Dickson county, was taken up and
adopted.
Mr. Anderson introduced
A hill concerning the publication of the decisions of the Su-
preme court of the State of Tennessee; which was read the first
time and passed.
Mr. Murray returned with an amendment,
A bill to incorporate the Franklin rail road company, which
amendment provided that said company should have the power to
sue and be sued, plead and he impleaded; and that service on the
177
President or any two of said company should be equivalent to
service on all.
The bill being upon its third and last heading in both Houses,
and said amendment having been received, it was ordered that
the clerk acquaint the House of Representatives therewith, and
ask their concurrence therein.
A bill to provide for the appointing of a board of commission-
ers of arbitrament, for the decision of controversies arising under
the treaties of 1817 and 1819, concerning Indian reservations,
and for other purposes, was taken up and read.
Mr. Gillespy offered an amendment in lieu of the whole bill,
which, together with the bill, was ordered to the table.
A message from the House of Representatives by Mr. Campbell
their clerk.
MR. SPEAKER,
The Speaker of the House of Representa-
tives did this day sign an enrolled resolution appointing justices
of the peace for Carter county. A bill to secure and provide for
the collection of the legitimate revenue of the State. A bill for
the benefit of Daniel D. Foute, of Blount county. A bill to au-
thorise Justices of the Peace to take bail in certain case. A bill
for the relief of Sally Martin and Martha M'llroy—And a bill to
amend an act entitled an act for .the relief of Sheriffs, passed
Nov. 6, 1811.
The Speaker of the Senate signed said enrolled resolution and
bills, and ordered them to be deposited in the office of the Secre-
tary of State.
The House of Representatives have adopted a resolution ap-
pointing a Justice of the Peace for the county of Bledsoe,
The Senate concurred with said resolution, and ordered the
clerk to acquaint the House of Representatives therewith.
They have adopted a resolution appointing Justices of the Peace
for the county of Knox. And then he vnthdrew.
Said resolution was, on motion of Mr. Anderson, laid upon the
table.
A message from the House of Representatives by Mr. Campbell
their clerk.
MR. SPEAKER,
The Speaker of the House of Representatives
did this day sign an enrolled resolution appointing a Justice of
the Peace for Bledsoe county. And then he withdrew.
The Speaker of the Senate signed said enrolled resolution, and
ordered it to be deposited in the office of. the Secretary of
State.
The Senate then adjourned until to-morrow morning, 9
o'clock.
W
178
FRIDAY MORNING, NOVEMBER 11th, 1831.
Mr. Gillespy presented the petition of sundry citizens of M'-
Mien county, praying that John ML Neal and Wm. Thompson be
authorised to draw a lottery, which was referred, on motion of
Mr. Gillespy, to the committee on propositions and grievances.
Mr.-Holrnan presented the report of the commissioners of the
Penitentiary, which was ordered, on motion of Mr. Holman, to be
filed with the bill making an appropriation for the completion of
the Penitentiary established in this State,
Mr. Murray presented the return of the clerk of the county
court of Carroll county; which was referred, on motion of Mr.
Murray, to the committee on captains' companies and Justices of
the Peace.
Mr, Polk from the committee of enrolments reported as cor-
rectly enrolled,
A bill making compensation to certain er.terers and grantees,
for their improvements between the two Kentucky lines.
A bill to incorporate the town of Legrange in the county of
Fayette. And
A bill to establish a new regiment in the county of Haywood,
and for other purposes.
The Speaker of the Senate .signed said enrolled bills, and or-
dered them to be transmitted to the House of Representatives.
Mr. Davis from the committee on claims, to whom was refer-
red a bill for the benefit of Custus Oneal, reported that the com-
mittee have had the same under consideration, and have instruct-
ed him to report an amendment in lieu of the whole bill, and re-
commend its passage.
The amendment was received, and the bill passed its second
reading.
Mr. Greene from the committee on the Hiwassee District, re-
ported that the committee have had under consideration a bill to
them referred, giving further time to purchasers and enterers of
lands in the Hiwassee district to obtain their grants; advise the
striking out of the 4th section thereof, and recommend the pas-
sage of the bill in that form.
The report of the committee was concurred in, and the bill
passed its second reading.
Mr. Greene, from the same committee, reported that they have
had under consideration
A bill to extend the provisions of an act concerning the register
of the Hiwassee district, passed 2d October, 1827, think its pro-
visions reasonable, and recommend its passage.
Said report was concurred Id, and the bill passed its second
reading.
Mr. Greene, from the same, to whom was referred the petition
179
of Henry Matlock and others, reported that the committee have
had the same under consideration, think the prayer of the peti-
tioners unreasonable, and that it ought not to be granted.
The report and petition were, on motion of Mr. Gillespy, laid
on the table.
Mr. Greene, from the same .committee, asked to be discharged
from the further consideration of the petitions of James Harrison,
William Johnson and Francis Fllis.
The two former were, on motion of Mr. Greene, referred to tire
committee on the report of the Hon. Charles F. Keith; and the
latter to the committee on torfeiled lands in the Hiwassee Dis-
tnct.
Mr. Polk introduced
A bill to incorporate the Columbia Rail Road Company; which
was read the first time and passed.
And then the Senate adjourned until to-morrow morning, 9
o'clock.
SATURDAY MORNING, NOVEMBER 12th, 1831.
Mr. Polk presented the petition of Willis Ridley, agent of Sam-
uel D. Rawlings, in relation to grant No. 384, issued by the State
of North Carolina, to Anderson Hunt; which was referred, on mo-
tion of Mr. Polk, to the committee on land claims.
Mr. Davis presented the petition of Elizabeth E.Stewart, pray-
ingr to be divorced from her husband Joshua Stewart; which was
referred, on motion of Mr. Davis, to the committee on divorces.
Mr. Murray presented the petition of sundry citizens of Car-
roll county, asking the appointment of Justice of the Peace for
Wilson Nesbett; which was ordered to be referred, on motion of
Mr. Murray, to the committee on captains' companies and Jus-
tices of the Peace.
Mr. Murray also presented the resignation of T. jBowdeh, a Just-
ice of the Peace for Henry county; which was read, accepted,
and ordered to be transmitted to the House of Representatives.
Mr. Andrews introduced
A bill to lay off and establish the brigade of Tennessee
militia.
Mr. Bradford,
A bill for the benefit of the common schools therein men-
tioned.
Mr. Murray,
A bill for the relief of Jonas B. Liles, of Obion county.
And
180
A bill to establish boards of internal improvement in the sever-
al counties of this State west of Tennessee river.
Mr. Andrews,
A bill to encourage the manufacture of iron in this State.
And
Mr. Holman,
A bill to establish a Treasury Department for the mountain dis-
trict. All of which were severally read a first time and passed.
' The Senate took up and read, on its third and last reading,
A bill for the relief of persons who may have married within
the degrees prohibited by law.
And the question thereon was had, "Shall the bill pass?" and
determined in the affirmative—ayes 16, noes 2.
The ayes and noes being demanded constitutionally by Mr.
Brabson,
The affirmative voters are,
Mr. Speaker, Anderson, Andrews, Burford, Davis, Field, Frey,
Gillespy, Greene, Holman, Jetton, Lytle, M'lver, Murray, Polk,
Wyly—16.
The negative voters are,
Mr. Brabson, M'Clellan—2.
And so said bill passed its third and last reading in both Hous-
es, and was ordered to be enrolled.
Mr. Murray submitted the following:
Resolved, That the Judiciary committee be instructed to inquire
whal amendments or alterations are necessary or expedient in the
laws concerning attachments and roads, and that they report by
bill or otherwise.
A message from the House of Representatives by Mr. Camp-
bell their clerk.
MR. SPEAKER,
The House of Representatives concur with your resolution ap-
pointing Justices of the Peace for the counties of Dickson and
Weakly. They have adopted a resolution appointing Justices of
the Peace for the counties of Monroe and Claiborne; in which
they ask the concurrence of the Senate.
The Senate concurred in said resolution, and ordered the clerk
to acquaint the House therewith.
The Speaker of the House of Representatives did this day sign
an enrolled bill entitled an act to compel constables to pay a poll
tax, and to work on public roads.
The Speaker of the Senate signed said enrolled act, and order-
ed it to be transmitted to the office of the Secretary of State.
The House of Representatives concur with the several amend-
ments proposed by the Senate to a bill to incorporate the Frank-
Sin Rail road company. And a bill for the relief of George W.
Churchwell and others. And then he withdrew.
181
Said bills were then severally read as amended the third and
last time in both Houses, passed and ordered to be enrolled.
A bill making an appropriation for the completion of the peni-
tentiary established in this State; was read a third and last time in
both Houses, passed and ordered to beenrolled.
Mr. M'lver returned, amended,
A bill to authorise the drawing of a lottery for the benefit of tn e
Somerville male Academy.
The amendment was received, the bill read as amended the
second time and passed.
A bill to authorise the administration of the estate of Samuel
Hannah to convey a certain tract of land to the person therein
named; was, on motion of Mr. Wyly, ordered to the table.
Mr. Bradford withdrew and returned with an amendment, which
was received,
A bill to authorise the drawing of a lottery to clear out the ob-
structions in Obeds river, and to build a bridge across the same.
Said bill was read a first time and passed.
Received from the House ofRepresentatives,
A bill for the relief of Wm. S. Wisdom.
A bill to exempt certain persons from mustering in Rhea coun-
ty.
A bill for the benefit of Jacob Hackney, of Hawkins county.
A bill for the benefit of the people of Henderson county.
A bill to repeal the tax upon the probate of deeds, mense, con-
veyances, and for other purposes.
A bill providing for the removal of obstructions in Elk river.
A bill for the benefit of the Judge of the 4th circuit.
A bill for the benefit of David Larkin.
A bill relating to water craft, that may be stopped when adrift,
on any of the waters of this State.
A bill to amend the revenue laws, and to reduce the taxes on the
good people ef this State.
A bill to change the time of holding regimental musters in the
32nd regiment of Tennessee militia.
A bill for the benefit of Joseph Hicks, Jailer, of Hawkins coun-
ty-
A bill to protect the estates of orphans, and for other pur-
poses.
A bill for the relief of Wm. Carter, former sheriff of Carter
county.
A bill to authorise Andrew Taylor, Jr. to build a fish trap.
A bill to give jurisdiction to Justices of the Peace, in cases of
assaults and batteries by consent of parties.
A bill to establish a town on the lands of Robert Robson, in the
county of Hardeman.
A bill for the benefit of Thomas Travis, of Fentress county.
±82
A bill for the benefit of James Johnson.
A bill for the benefit of Joseph Dwyer.
A bill authorising letters of administration to be granted in cer-
tain cases.
A bill to regulate the practice on.writ's of Mandamus.
A bill for the relief of James Boyd, a citizen of Wayne county.
A bill to prevent the delay of justice, and to prevent appeals
from the county to the circuit courts in certain cases.
A bill to appoint a Geologist,"Assayer and Mineralogist for the
State of Tennessee.
A bill to repeal all laws heretofore passed incorporating the
town of Athens, in the county of M'Minn, and for other purposes.
A bill to authorise Thomas Tipton and Zachariah Clark, of
Blount county, to open a turnpike road.
A bill to alter the line between Overton and Fentress, so as to
include Wm. Huddleston in Overton county.
A bill to authorise the Sheriff of Jackson county to appoint three
deputies.
A bill to set apart twenty-five acres of land for a school house
in Henderson county,
A bill to incorporate the city hotel.
A bill to regulate the discount on negotiable paper.
A bill further to provide for the order and decorum of religious
assemblies,
A bill for the benefit of the heirS of Daniel Wheaton and James
Tisdel.
A bill to dispose of the public square,lots and other public prop-
erty in old Montgomery, the former county seat in Morgan county.
A bill to amend the laws on the subject of the chancery courts
of this State.
A bill to change the time of holding muster in the 116th Reg-
iment.
A bill to repeal part of the act of 1827, entitled an act to reduce
into one the several acts concerning county renenue.
A bill for the benefit of John Vincent.
A bill for the benefit of Unice Cummings.
A biil to amend the laws now in force in relation to the turn-
pike road across Cumberland mountain, of which Samuel Harris
is proprietor.
A bill for the relief of the citizens of Morgan and Anderson,
counties.
A bill to amend an act entitled an act to authorize Moses Fisk
to open a turnpike road, passed November 24th, 1817, and for
other purposes.
A bill to authorize the Register to issue a certain grant.
A bill for the benefit of Field Farrer, clerk of Dickson county.
18$
A bill to change the time of holding the courts therein mention-
ed.
A bill to amend the laws now in force regulating the taxation
of costs.
A bill to repeal part of an act passed 13th January, 1830.
A bill to establish an independent volunteer company in Knox-
ville.
A bill to establish a turnpike bridge across Hatchie river in
Haywood county.
A bill for the benefit of McNairy county.
A bill for the benefit of the Samuel Houston and Lafayette aca-
demies in the counties of Marion and Bledsoe.
A bill to authorize Doctor John McNeal and Wm. Thompson of
M'Minn county to raise twenty-five thousand dollars by lottery.—
And
A bill for the benefit of James Young of Sparta, all of which
were severally read a first time and passed.
Mr. Folk from the committee of enrollments reported as truly
enrolled, An act for the relief of persons who may have married
within the degrees prohibited by bylaw. Said enrolled act was
signed by the Speaker of the Senate, and ordered to be transmit-
ted to the House of Representatives.
A bill for the relief of Thomas L. Gray of Haywood county,
was on motion of Mr. Davis referred to the committee on Land
claims. r#
A bill to provide for the establishment of the Southern bounda-
ry of this State, was referred on motion of Mr. Murray to the com-
mittee on the dividing line between this State and Mississippi.
Mr. Brabson withdrew for amendment,
A bill for the relief of James Drennen of Wilson county.
Mr. Andrews moved the Senate to adjourn until Monday next,
9 o'clock, A. m. And the ayes and noes being constitutionally
demanded by Mr. Mclver the question was thereupon put, and de-
termined in the affirmative. Ayes 12—Noes 8.
The affirmative voters are,
Mr. Speaker,Andrews, Brabson, Bradford,iBurford, Frey* Gilles-
py, Holman, Jetton, Perkins, Polk, Wyly—12.
The negative voters,
Mr. Anderson, Davis, Field, Greene, Lytle, McClellan, Mclver,
Murray—8.
And so said motion prevailed.
Whereupon, it was ordered that the Senate adjourn until Men-
dav morning 9 o'clock.
184
MONDAY MORNING, NOVEMBER 14th, 1831.
A resolution submitted on Saturday last by Mr. Murray directo-
ry to the committee on the judiciary, was. taken up read aad
adopted.
Mr. Field introduced
A bill limiting prosecutions for misdemeanors,
Mr. Burford
A bill to appropriate one half of the State tax to county purpo-
ses.
Mr. Davis introduced
A bill to fix the time of holding regimental musters in the 11th
Brigade of Tennessee militia, and for other purposes. And
A bill to regulate the State tax on law suits.
And Mr. Gillespy,
A bill supplemental to an act. entitled an act to appropriate the
school lands in the Hiwassee district to the use of schools for the
instruction of children therein, passed at the present session of
the General Assembly, all of which were severally read a first
time and passed.
A bill to divorce Robert Baker from his wife Charlotte and foro-
ther purposes,was taken up andjread. Mr. Gillespy moved to strike
therefrom the 2nd section thereof, which provides that Zemiri,
son of said Charlotte, born after her marriage with the said Rob-
ert, be rendered incapable of holding property by descent as the
heir at law of said Robert Baker, either in law or equity. And
thereupon the question was had, Will the Senate strike out the
said 2d section and determined in the. negative. Ayes 8—Noes
10.
The ayes and noes being constitutionally demanded by Mr. Gil-
lespy,
Those who voted in the affirmative are,
Mr. Anderson, Brabson, Burford, Davis, Field, Frey, Gillespy,
Greene—8-
The negative voters are.
Mr. Speaker, Andrews, Bradford, Holman, Jetton. Lytle, Mc-
Clellan, Mclver, Murray, Wylv—10.
And so said motion was overruled.
The bill was then again read a third time and passed.
Received from the House of Representatives,
A bill for the benefit of Joseph Davy, of Hickman county.
A bill to incorporate a Female Academy at Athens.
A bill to authorise Peter N. Smith, of Franklin, Williamson
county, to sell or dispose of a certain tract of land and slaves for
the benefit of James Scott, deceased.
A bill for the benefit of mechanics and practising physicians.
A bill for the preservation of decency and morality;
IS*
A bill to authorise females to obtain divorces in courts with-
out costs.
A bill to distribute the infantry tactics for the use of the mili-
tia.
A bill for the relief of sheriffs and others who have heretofore
conveyed convicts to the Penitentiary. ■
A bill to secure the attendance of Justices of the Peace for
the discbarge of their duties in the companies for which they were
appointed.
A bill td release from taxation the real estate belonging to the
State Bank of Tennessee, And
A bill to repeal the act of 1827, chap. 37. All of, which were
severally read a first time and passed.
A bill for the benefit of the purchasers of lots in the town of
Somerville. And
A bill for the benefit of Wm. Moore, of Gibson county; were
severally read a second time and passed.
A bill for the benefit of the heirs of James Taylor, sen. late of
Columbia, South Carolina; was read a third and last time in both
Houses, passed and ordered to be enrolled.
A bill for the benefit of Overton county. And
A bill for the benefit of Burvvell Carter; were severally read a
second time and passed.
Mr. Brabson returned without amendment,
A bill from the House of Representatives, for the relief of James
Drennen, of Wilson county.
Said bill was read a first time -and passed.
And then the Senate adjourned.
TUESDAY MORNING, NOVEMBER 15th, 1831.
Mr. Murray presented the petition of Thomas Fite, praying
the passage of a law authorising the register of the Western Dis-
trict to issue a grant to Jourdan Hassell; which was referred, on
motion of Mr. Murray, to the committee on land claims.
Mr. Polk from the committee of enrolments, reported as cor-
rectly enrolled,
An act making an appropriation for the completion of the Pen-
itentiary established in this State, And
An act for the relief of James Taylor, late of Columbia, South
Carolina.
The Speaker of the Senate signed said enrolled acts, and order-
ed them to be transmitted to the House of Representatives.
Mr. Wyly introduced
A bill to amend the militia laws of this State. And
X
1SS
Mr. Gillespy,
A bill to relieve the distresses of the good people of this State.
Said bills were severally read a first time and passed.
A message from the House of Representatives by Mr. Campbell
their clerk.
MR. SPEAKER,
The House of Representatives have adopted a resolution ap-
pointing Justices of the Peace for the counties of Hickman and
Robertson. And then he withdrew.
The Senate concurred with said resolution, and ordered the
clerk to acquaint the House of Representatives therewith.
On motion-of Mr. Bradford,
Ordered, that Mr. Speaker Douglass and Mr. Davis be added to
the sub-committee on banks.
A bill for the benefit of Nathaniel B. Butler, was read a third
and last time in both Houses, passed and ordered to be enrolled.
A bill to provide for the appointment of county surveyors for
the counties of Monroe and M'Minn.
A bill to appoint Trustees of Mount Cumberland Academy, in
Fentress county.
A bill for the relief of the Covington Sentinels.
A bill to amend an act entitled an act to authorise a lottery for
the benefit of Covington Academy, passed in 1827.
A bill for the relief of Nathaniel Ragan, of Blount county.
And
A bill to incorporate the town of Cornersville, in the county
of Giles, were severally read a second time and passed.
Mr. Wyly withdrew for amendment,
. A bill to create a fund in each county for common schools.
And
Mr. Murray,
A bill directory to the Register of the Western District of this
State.
Received from the House of Representatives,
A bill for the benefit of Thomas Blake, of Roane county.
A bill providing for the more faithful discharge of public trust,
connected with the collection and disbursement of the revenue
of the State, and of the several counties and other incorporated
companies or bodies therein.
A bill to amend an act entitled an act to incorporate a medical
society in the State of Tennessee.
A bill to amend an act entitled an act to establish a system of
common schools in this State.
A bill for the benefit of securities incases of Peace warrants.
And
A bill to amend an act entitled an act to amend and reduce into
187
one the several acts concerning the county revenue, all of which
•were severally read a first time and passed.
A 'bill to establish precinct elections in Greene county,, and at
other places therein named, was read a third lime and passed.
A message from the House of Representatives by Mr. Campbell
their clerk.
MR. SPEAKER,
The Speaker of the House of Representatives
did this day sign an enrolled resolution appointing Justices of the
•Peace for the counties of Robertson and Hickman. And an en-
rolled resolution appointing Justices of the Peace for the counties
of Knox, Anderson and Fayette. And then he withdrew.
The Speaker of the Senate signed said enrolled resolutions,
and ordered them to be deposited in the office of the Secretary
of State.
And the Senate adjourned until tomorrow morning 9 o'clock.
WEDNESDAY MORNING, NOVEMBER 16th, 1831.
Mr. M'Clellan presented the petition of sundry citizens of Sul-
livan county, praying that the law relating to common schools,
may be so altered as to extend to them some of its benefits; which
was referred, on motion of Mr. M'Clellah, to the committee on
common schools and education.
Mr. Davis from the committee on captains' companies and Jus-
tices of the Peace, submitted the following:
Resolved, by the General Assembly of the State of Tennessee,
That John If. Clark, William Ellmore, Wilson Nesbett, John
Stewart and William W. Foreman be, and they are hereby ap-
pointed, Justices of the Peace in and for the county of Carroll.
Mr. Speaker Douglass presented a communication from the
cashier of the Bank of the State of Tennessee; which was re-
ferred, on motion of Mr. Bradford, to the sub-committee on banks.
A message from the House of Representatives by Mr. Campbell
their clerk.
MR. SPEAKER,
The House of Representatives have adopted a resolution ap-
pointing Justices of the Peace for the counties of Perry, Hum-
phreys and Bedford, in which they ask the concurrence of the
Senate.
Said resolution was concurred with by the Senate, and the
clerk ordered to acquaint the House of Representatives there-
with.
The House of Representatives have taken up on a third and
last reading in both Houses,
188
A bill for the relief of the Surveyor General of the 13th District;
and propose amending the same by substituting the amendment
herevvitir transmitted in lieu of the second section thereof. And
then lie withdrew.
The Senate non-concurred with the proposition to amend said
bill, and ordered the clerk to acquaint the House of Representa-
tives 1 herewith. ' .
A bill for the relief of Albert Thomas.
A bill for the benefit of the Quorum Court of Williamson coun-
ty.
A bill to amend an act passed in 1829, chapter 52.
A bill to revive the act incorporating the Turnpike Company
from Nashville to Murfreesboro, and for other purposes.
A bill for the relief of Anthony Gilliam, deceased.
A bill to amend an act entitled an act to incorporate the Galla-
tin turnpike company.
A bill to extend the town of Sparta.
A bill to authorise Cain Broyles to open and establish a turn-
pike road across Paint mountain.
A bill to amend an act entitled an act to dispose of certain
lands in Hawkins county, commonly called Simms' JB'S Sur-
vey.
A bill to encourage the manufacture of iron.
A bill to authorise Timothy Dodson to build a bridge.
A bill to incorporate the Tennessee manufacturing company.
And
A bill to repeal an act passed October 8th, 1825, entitled an
act for the benefit of Jotham Brown,of Greene county, were sever-
ally read a second time and passed.
Mr. Anderson withdrew for amendment.
A bill for the benefit of John Sharp. And
Mr. Polk,
A bill to incorporate the Franklin and Columbia Turnpike
Company.
A bill to incorporate the trustees of the Brownsville Academy
in the county of Haywood, and for other purposes, was read a
third and last time in both Houses, passed and ordered to be en-
rolled.
A bill to change the time of holding the county courts in Hen-
derjon county.
A bill for the relief of the personal heirs and legal representa-
tives of John M'Evven and James M'Kamy, deceased.
A bill to incorporate the town of Troy in the county of Obion.
A bill to authorise Amos Marney to open a turnpike road.
A bill to authorise the register of Carroll county to keep his
office at his own house.
189
A bill to incorporate the town of Randolph in the county of
Tipton.
A bill to extend the time of making surveys south and west of
the congressional reservation line,
A bill to authorise the court of Pleas and Quarter sessions of
TFip'pn county, to appropriate any surplus money in the county
treasury for the purpose of building a court house in the town of
Covington.
A bill for the relief of the clerk of the circuit court of Clai-
borne county.
A bill to authorise a precinct election to be held in'the county
of Fentress. * •
A bill appointing the time of holding regimental musters in
the 99th regiment of Tennessee militia. And
A bill for the benefit of Hugh M'Intire, of Tipton county; were
severally read a-third time and passed.
Mr. Murray introduced
A bill to allow the sheriffs of Obion and Dyer counties longer
time for the payment of certain taxes; which was read a first
time arid passed.
A bill to amend the several laws incorporating the town of
Nashville; was referred, on motion of Mr, Lytle, to the commit-
tee on propositions and grievances. .
Mr. Burford withdrew for amendment,
A bill for the benefit of Nancy McClanathan and others therein
named.
A bill to exempt certain citizens of Humphreys county from
being subjected to pay toll at Sandy Bridge, was taken up, read
and rejected.
A bill for the relief of Joseph Bro.wn, was referred, on motion
of Mr. Davis, to the committee on land claims,
A bill to amend an act entitled an act to incorporate the Frank-
lin and Nashville turnpike company, was referred on motion pf
Mr. Burford to the committee on Internal Improvement.
On motion of Mr. Gillespy,
Ordered, that the committee on education be .discharged from
the further consideration of a bill to regulate the academies in
this State.
A bill to amend an act entitled an act to" extend the corpora-
tion of the town of Brownsville and for other purposes, was read
a third and last time in both houses, passed and ordered to be en*
rolled.
The Senate then adjourned until to-morrow morning 9 o'-
clock.
190
THURSDAY MORNING, NOVEMBER 17,1831.
Mr- IIol man presented the petition of John Taylor praying the
passage ofadaw authorizing him to hawk and peddle without ob-
taining license therefor.
A resolution submitted on yesterday by Mr. Murray, appointing
justices of the peace for the county of Carroll, was taken up, read
and.adopted. Ordered that the clerk acquaint the House of He-
presentatives therewith and ask their concurrence therein.
Mr. Polk submitted the following,
Resolved, by the General Assembly of the State of Tennessee,
That John YV. Briscoe be, and he is hereby appointed a justice of
the peace in and for the county of Maury.
Mr Jetton introduced
A bill to provide for the payment of patrols.
Mr. Holm an
A bill for the relief Nathan Haggard of White county.
Mr. Gillespy
A bill to amend an act entitled an act to make entries liable to
execution in the Iliwassee district, passed December 12th, 182f.
And
Mr. Andrews
A bill for the relief of those who may have balances of land
warrants unappropriated in the offices of the several districts
south and west of the congressional reservation line, which were
severally read a first time and passed.
Mr. Burford withdrew for amendment,
A bill to explain and amend an act, passed December 7th, 1829,
ch. 29, more effectually to provide for emancipating slaves.
. Mr. Polk returned with various amendments which were receiv-
(ed, A bill to incorporate the Franklin and Columbia Turnpike
company—said bill was read as amended a 2d time and passed.
A bill for the benefit of common schools therein named, was
taken up and read, and the question thereon being had, "shall the
bill pass?" it was determined in the negative. Ayes 9—Noes
IE .
The ayes and noes being constitutionally demanded by Mr
Burford,
The affirmative voters are,
Mr. Speaker Douglass, Anderson, Bradford, Gillespy, Hoi-
man, Jetton, M'Clellan, Perkins, Wyly—9.
The negative voters are,
Mr. Andrews, Brabson, Burford, Davis, Field, Frey, Greene,
Lytle, M'lver,Murray, Polk—11.
And so said bill was rejected.
Mr. Murray'submitted the following
Resolved, by the General Assembly of the State of Tennessee,
191
That John D. Eove be, and he is hereby appointed a jus.tice of
the peace in and for the county of Henry.
A message from the House of Representatives by Mr. Campbell
their clerk.
MR. SPEAKER,
The House of Representatives concur in your re-
solution appointing justices of the peace for the ..county of Car-
roll. The Speaker of the House of Representatives did this day
sign an enrolled bill entitled an act to divorce Robert Baker from
his wife Charlotte, and for other purposes. And then he withdrew.
The Speaker of the Senate signed said enrolled act and order-
ered it to be deposited in the office of the Secretary of State.
Received from the House of Representatives,
A bill to ascertain the centre of Overton county, and to remove
the seat of justice therein.-
A bill directing the payment of the cost therein named.
A bill to divorce Elizabeth Linn from her husband Jacob Linn.
A bill to legitimatize Armstead Parrott of Claiborne county. And
A bill to authorize Hastings. Poe and Asahel Rawlings to open-
a turnpike road, all of which were severally read a first time and
passed.
Mr. Burford returned A bill for the relief of Nancy McClana-
than, and moved to strike therefrom the 2d section thereof, which
motion prevailed; the bill was then read as amepded a 3d time
and passed.
The Senate then adjourned until to-morrow morning 9 o'-
clock.
FRIDAY MORNING, NOVEMBER 18th, 1831.
Mr. Murray presented the petition of John McKernan, Samuel
Ingram and James H. Gee, citizens of the town of Huntingdon
which was referred on motion of Mr. Murray to the committee on
propositions and grievances.
Mr. Murray also presented the petition of James Young, pray-
ingthe passage of a law authorizing him to make void a certain
entry in the 12th Surveyors District, and for other purposes, which
was referred on motion of Mr. Murray to the committee on land
claims.
Mr. Murray also presented the petition of Rbody Murphree
praying to be divorced from her husband Nirarod Murphree,
which was referred on motion of Mr. Murray to the committee on
divorces.
Mr. Polk from the committee of enrollments, reported as
truly enrolled an act to incorporate the trustees of the Browns-
193
ville ac.ademy in the county of Haywood; and 'an enrolled resolu-
tion appointing justices of the pCace for the county of Carroll.
Said act and resolution was signed by the Speaker- of the Sen-
ate and ordered to be transmitted to the House, of Representatives.
Mr. Murray's resolution of yesterday appointing^ justice of the
peace for Henry county, and Mr. Polk's resolution of the same day
appointing a justice of the peace for Maury county, were taken up
severally read and adopted.
Ordered that the clerk acquaint the house of representatives
therewith and ask their concurrence therein.
A message from the House of Representatives by Mr. Campbell
their clerk.
MR. SPEAKER,
The House .of Representatives have adopt-
ed a resolution directory to the Governor of this State, and a re-,
solution relative to the inspection of Tobacco in the city of New
Orleans, in which they ask the concurrence of the Senate. And
then he withdrew.
The Senate concurred in said resolutions and ordered the clerk
to acquaint the house of represenatives therewith.
Mr. Lytle introduced
'A bill to make lawful grants and entries within five miles of
the narrows of Harpeth; which was read a first time and passed.
Mr. Ilolman introduced .
A bill to provide for the holding of a chancery court in the town
of Monroe, which was withdrawn by Mr. Field for amendment.
Mr. Murray introduced
A bill to authorise the erection of turnpike bridges and cause-
ways across the middle and little North Forks and Bottoms of
Forked Deer river in Gibson county. And
Mr. Gillespy,
A bill to protect sheriffs, coroners and constables in the dis-
charge of their duty; both of which were severally read a first
time and passed.
Received from the House of Representatives,
A bill to regulate and designate the line between the counties of
Rhea and M'Minn.
A bill for the benefit of the former jailer of Marion county.
A bill authorising executors to sell real estates in certain ca-
ses.
A bill for the relief of Sally Hobson, of Claiborne county,
A bill to amend the laws now in force regui-niug the town-of
Jonesboro, in the county of Washington.
A bill-to authorise county courts to elect Trustees for county
academies.
A bill to authorise a lottery for the purpose of building a bridge
across Roaring river in Jackson county.
493
A bill to amend the fifty-sixth section of an act entitled an-ocL
to reform and amend the penal laws of the State of Tennessee.
And J
A bill for the relief of the securities of Joseph Stone; all .of
which were severally read a first time and passed.
A bill to incorporate the Franklin and'Columbia turnpike com-
pany, was read a third and fast time ;in both Houses, passed and-
ordered to be enrolled.
SATURDAY MORNING, NOVEMBER 19tb, 1831..
Mr. M'CIellan presented the-petition of .sundry citizens of
Sullivan county, asking the adoption of a resolution advising
the rechartering the Bank of the United States; which was re-
ferred, on motion of Mr. M'CIellan, to the committee on banks.'
Mr. Anderson' presented the petition of, Leonard Garden, a
citizen of Monroe county, in relation to an entryin the Hiwas-
see District; which was referred, on motion of Mr. Anderson,
to the committee on claims.
Mr. Perkins presented the return of the clerk of the chan-
eery court at M'Minnville, shewing the amount of State revd-
nue collected by him for the years 1830 and 1831; which was
referred, on motion of Mr. Perkins, to the committee on li-
nance.
Mr. Murray submitted the following resolution;
Resolved, by the General Assembly of the State of Tennessee,
That John C. Gillespy, Daniel W. Pound and Jeremiah P; Tin-
kle be, and they are hereby appointed, Justices of the Peace
for the county of Gibson.
Mr. Field introduced
A bill concerning the correctiod of grants, platts and certi-
ficates, and for other purposes.
Mr. Hoi man,
A bill for the relief of Joseph P. Neelev and Jane C. Nee-
ley, ot the county of Jackson. And
Mr. Gillespy,
A bill to compensate Samuel G. Smith, for services perform-
ed and monies expended in the service of the State. All of
which were severally read the first time and passed.
A bill to establish a third battalion in the 82nd regiment of
Te nnessee militia, was read the third time and passed.
Received from the House of Representatives,
A bill to prevent trespasses upon school lands in Warren coun-
ty-
A bill for the benefit of Azer Wyly.
Y
194
■ A-bill to incorporate the town of Liberty, in the county'of
Smith.'
A bill to amend and explain the acts now in force in this
State to suppress the odious practice of gaming, tipling, and
trading with slaves. ' '
A bill to amend the penal laws of this State, passed in 1829
and 1830. And
A bill to incorporate the Clarksville and Russellville rail road
company; all of which were severally read a first time and
passed. -
A message from the House of Representatives by Mr. Camp-
bell their clerk.
MR. SPEAKER, f
The House of "Representatives have adopted a resolution di-
re.cting the- manner in which the witnesses shall be paid, who at-
tended the committee of the-House of Representatives previous
to the exhibition of the articles of impeachment against Judge
Joshua HaskelL And then he withdrew.
Said resolution was concurred in by the Senate, and the clerk
ordered to acquaint the House of Representatives therewith.
A bill to establish boards of internal improvement in the sever-
al cohnties of this Slate, west of Tennessee river, was, on mo-
tion of Mr.- Mclver, referred to the committee on internal im-
provement in the Western District.
A bill to authorise the administrator of Samuel Hannah to con-
vey a certain tract of land to the person therein named, was read
a second time and passed.
A hill to-regulate the taxation of lands in this State, and to en-
force the collection of the same. And
A bill to amend the revenue laws of this State, were, on mo-
tion of Mr. Murray, referred to the committee on finance.
On motion of Mr. Gillespy, the Seriate took up, with the several
amendments heretofore offered,
A bill for the appointing of a board of commissioners of arbi-
trament for the .decision of controversies arising under the trea-
ties of 181T and 1819, concerning Indian reservations, and for
other purposes-
Said bill and amendments were withdrawn by Mr. Bradford for
amendment.
A bill to appropriate one half of the State tax to county pur-
poses.
A bill to regulate the State tax on law suits.
A bill to establish the rate of county tax on lands in this State,
and for other purposes.
A bill to appropriate one half of the State tax to county pur-
poses, upon a basis of free white population. And
A bill to ^appropriate the taxes arising from shows, to county
195
purposes, were referred, on motion of Mr. Frey, to the commit*
tee on finance. ' • ,
A bill to establish a town in the county of Greene, was read a
third and last time in both Houses, passed, and ordered tojbe e,n-
rolled.
Mr. Perkins introduced
A bill to amend an act passed at'the present session, of (he.
General Assembly, entitled an act giving ^further time for survey-
ing entries and obtaining grants thereon;vvvhich was rjeacKa 'first-
time and passed.
A bill to authorise Jose C. Dew and "company, to build a'toll
bridge across the Falling Water, in White county, was read a
third time and passed.
Mr. Wyly returned
A bill to incorporate aboard of Internal improvement an that
part of the State east of Cumberland mountain, and moved to
strike from the 4th section of said brll that part thereof which re-
quires the commissioners to commence the improvement at the
lowest point of obstruction to navigation, for the purpose of in-
6erting in, lieu "thereof the following, (to wit:) '
Commencing at such place or places as said commissioners may
think the public good most requires.
And thereupon the question was had, "Will the Senate make the
amendment?" and determined in the negativfe—ayes 3,. noes 14.
The ayes and noes being demanded constitutionally by Mr..
Greene, -
Those who voted in the affirmative are,
Mr. Andrews, Burford, Wyly—3.
Those who voted in the negative are,
Mr. Anderson, Brabson, Davis, Field, Gillespy, Greene, Hoi*
man, Jetton, Lytle, M'Clellan, M'lver, Murray, Perkins, Polk, 14.
And so said motion was lost.
Mr. Davis at the hour of 1 o'clock, P. m. moved the Senate to
adjourn until two o'clock, P- m.
And thereupon the question was submitted, "Will the Senate
adjourn?" and determined in the affirmative. Ayes 10, noes 6.
The ayes and noes being demanded constitutionally,
Those who voted in the affirmative are,
Mr. Andrews, Bradford, Burford, Davis, Jetton, Lytle, Me-
Clellan,Murray, Perkins, Wyly—10.
The negative voters are,
Mr. Anderson, Brabson, Field, Gillespy, Greene, M'lver—6.
And so said motion prevailed.
Whereupon the Senate adjourned until two o'clock, P. m.
Two o'clock, P. m. Senate met according to adjournment.
On motion of Mr. Gillespy,
The Senate resumed the consideration 6f the hill to incorpo-
4 OS
~rat« a board of internal improvement in that part of the State
•east of Cumberland mountain. , ' .
Mr' Murray moved to strike therefrom the 6th and 9th sec-
tions thereof.
- . Mr. Giilespy moved a division of the question, which prevailed.
And the sense of the Senate was thereupon had, in relation to
the motion to strike out the said 8th section, which carried.
Mr. Murray then ^withdrew his motion in relation to the said
9th, section.
Mr. Wjly then moved to strike from said bill that part thereof
which requires the said Commissioners to be elected by the joint
ballot Of both Houses of the General Assembly, for the purpose
of appointing and inserting in lieu thereof the name of Solomou
D. Jacobs, John Obrien, Peter Brown and Return J. Meigs, who
should act as said commissioners until the next regular session
of the General Assembly. And the question was thereupon had,
"Will the Senate make the amendment?" and determined in the
negative. Ayes .5, noes 12.
The" ayes and noes being constitutionally demanded by Mr. Wy-
h', . .
The affirmative voters are, "
Mr. Jettom, Lytle,M'Clellan, Murray, Wyly, 5.
The negative voters are,
Mr. Anderson, Andrews, Brabson, Burford, Davis, Field, Gil-
lespy, Greene,' Iiolman, M'lver, Perkins, Polk, 12.
And so said-motion was lost.
On motion of Mr. M'Clellan, said blank in said bill was filled
so as to provid e for the election of three commisssioners.
The bill was then put upon its passage, and the question there-
upon being had, "Shall the bill pass?" it was determined in the
affirmative. And so said bill passed its third reading.
MONDAY, NOVEMBER 21st, 1831.
, Mr. Anderson presented the petition of sundry citizens of Se-
vier county, praying that a portion of said county be attached to the
county of Jefferson; which was referred, on motion of Mr. Ander-
son, to the committee on new counties and county lines.
Mr. Polk presented the petition of Fortune Dodson, praying to
be divorced from his wife Patience; which was referred, on mo-
tion of Mr. Polk, to the committee on divorces.
Mr. M'lver presented the petition of sundry citizens of Madison
county, praying the passage of a law securing to them the free
navigation of the south fork of Forked Deer river; which was re-
197
ferred, on motion of Mr. M*lver, to tile committee on internal
improvement in the Western District.
Mr. Speaker Douglass presented the return of the sheriff of
Wilson county, shewing the number of votes polled in said coun-
ty for representatives, and the number of those voting for and
against the call of a convention; which was referred, on motion
of Mr. Speaker Douglass, to the'committee on that subject. 1 ^
A resolution submitted on Saturday last by Mr.-Murraly, ap-
pointing Justices of the Peace for the county of Gibson, was ta-
ken up, read and adopted.
Mr. Burford submitted the following:
Resolved by the General Assembly of the .State of Tennessee,
That the present session of the General Assembly Shall terminate
on Monday the 12th day of December next; and no bill shall be
introduced or reported in either branch of the Legislature after
the 1st day of December next.
Mr. Field introduced
A bill declaratory of the law concerning contempts, and for
other purposes; which was read the first time and passed.
Mr. Wyly returned with an amendment in lieu of the caption
thereof,
A bill to create a fund in each county for common schools;
which amendment was received.
Mr. Jetton moved to strike from said bill the word "one," with
a view of inserting "two;" which motion was sustained.-
And thereupon the question being bad, "Shall-the'billepass?" it
was determined in the negative. Yeas 5, nays 15. •
The yeas and nays being constitutionally demanded'by Mr. Bur-
ford,
The affirmative voters are,
Mr. Anderson, Brabson, Burford, Gillespy and Holman, 5.
The negative voters are,
Mr. Speaker Douglass, Andrews, Bradford, Davis, Field, Frey,
Greene, Jetton, Lytle, M'Clellan, M'lver, Murray, Perkins, Polk
and Wyly, 15.
And so said bill was rej'ected.
A message from the House of Representatives by Mr. Campbell
their clerk.
MR. SPEAKER,
The Speaker of the House of Representatives
did this day sign enrolled bills of the following titles, to wit:
An act to extend the lime of making surveys and entries south
and west of the congressional reservation line.
An act to incorporate the town of Troy in Obion county.
An act to authorize precinct elections in the counties of Fen-
tress and Franklin.
,198
An act to divorce Robert Baker from his wife Charlotte, and
for other purposes.
An act to authorize Amos Marney to open a turnpike road.
An act for the relief of the clerk of the circuit court of Claiborne
county, and for other purposes.
An act to authorize the county court of Tipton to appropriate
certain money for building a court house in Covington.
An act for the relief of the personal representatives ©f John M,->
Evvin and James M'Atny. And
An act to authorize the Register of Carroll county to keep his
office at his own house. And then he withdrew.
The Speaker of the Senate signed said enrolled Bills and or-
deredthem to-be deposited in the office of the Secretary of State.
Received froni the House of Representatives by Mr. Campbell
their clerk, a resolution adopted by that House inviting the Senate
while sitting as a court of impeachment to occupy their hall, said
invitation was read at the clerks table and accepted. Mr. Jetton
moved a reconsideration, and thereupon the question was submit-
ted "will the Senate reconsider?" and determined in the negative.
Ayes 6—Noes-12.
The ayes and noes being constitutionally demanded by Mr.
Bradford,
Those who voted in the affirmative are,
Mr. Brabson, Bradford, Burford, Jetton, Lytle, Murray—6.
The .negative voters are,
Mr. Anderson, Andrews, Field, Frey, Gillespy, Greene, Hoi-
man, M'Clellan, M'lver, Perkins, Polk, Wyly—12.
And so said motion was overruled.
TUESDAY, NOVEMBER 22, 1831.
Mr. Burford resolution of yesterday limiting the present ses-
sion of the General Assembly to the 12th, and prohibiting the
introduction of bills into either branch of the Legislature after the
1st of December next, was taken up and laid upon the table on
motion of Mr. Brabson until the final adjournment of the court
of impeachment.
Whereupon the senate adjourned till Thursday morning 9 o'clock.
THURSDAY, NOVEMBER 24, 1831.
The court of impeachment still being in session and the argu-
ment of the cause not yet concluded, it was ordered on motion of
Mr. Gillespy that
The Senate adjourn until Monday morning, 9 o'clock..
199
SATURDAY MORNING, NOVEMBER 26th, 1831,
The court of impeachment having adjourned at 11 o'clock,until
Monday morning,
Mr. Field moved that the rule of the Senate allowing but one
day for reconsidering a vote be suspended; which motion being
sustained, the vote of Thursday last, adjourning the Senate until
Monday next, was on motion of Mr. Bradford, reconsidered -and
the order rescinded.
Mr. Davis submitted the following,
Resolved, by the General Assembly of the State of Tennessee,
That William B. Henry, Ephr.aim CThurchvvell, Wallace Hays,
Samuel Seaton, Benjamin F. Liddens, Wiljiam B. Curtis, William
Hinkle, James Kyle, Elijah Blackshear and Alfred Haggard, be ,
and they are hereby appointed justices of the peace for the coun-
ty of Wayne, and the rule being suspended on motion of Mr. Da-
vis, the resolution was adopted. • '
Mr. Holman moved that the Senate adjourn until Monday mor-
ning 9 o'clock, which motion was lost. The yeas and nays, on
the question being cdnstitutionally demanded by Mr. Gillespy, the.
affirmative voters are,
Mr. Holman, Lytle, Murray, Polk,—4.
The negative voters are,
Mr. Speaker Douglass, Anderson, Andrews, Brabson, Bradford,
Burford, Davis, Field, Frey, Gillespy, Greene^ Jetton, M'CIel-
lan, M'lver, Perkins, Wyly—16.
And so said motion was overruled.
Received from the House of Representatives,
A bill to appoint Hugh Houston commissioner for the town of
Rutledge.
A bill to amend the laws heretofore passed in this'State, author-
izing each county to establish and control a poor house.
A bill to refund certain moneys to Samuel Box. .
A bill supplementary to an act passed December 6th, ,1825, en-
titled an act to authorize William Reynolds of the county of
Greene, to open and establish a road across Paint mountain.
A bill to establish a house of correction.
A bill for the relief of Elisha Askew. And
A bill for the relief of John Gray Blount and Thomas Blount, all
of which were severally read a first time and passed.
A bill giving further time for surveying entries and obtaining
grants thereon, was taken up, and on motion of Mr. Bradford in-
definitely postponed.
Mr. Murray introduced
A bill to amend an act entitled an act for the relief of the occu-
pants south and west of the congressional reservation line, passed
200
at Nashville the 30th of December, 1829, which was read the
first time and passed.
A bill to prevent Ihe violation of graves and the disturbance of
the bodies of the dead. And
A bill for the benefit oi garnishees, were severally read a se-
cond time and passed.
The Senate took up on its third and last reading,
A bill to alter the time of holding the county courts of Dyer and
Obion. Mr. Murray moved to amend the same by striking from
the 2d sec. thereof the words "third Monday's of the aforesaid
months," and inserting "first Monday's in January, April, July
and October," which amendment was received and the bill
passed.
A bill to improve the navigation of Obed's river in the counties
of Fentress and Overton, and for other purposes, was taken up
aqd on motion of Mr. Hoi man laid upon the table.
Mr. Burford returned with an amendment in lieu of the whole,
A.bill to explain and amend an act passeii 7th Dec. 1829, ch,29,
more effectually to provide for emancipating slaves, said amend-
ment was received and the bill passed its third reading.
A bill, to authorize the Sheriff of Hardeman county to pay over
certain monies. Aud
A bill to authorize the Treasurer of East Tennessee to pay cer-
tain monies, were severally read a third time and passed.
A message from the House of Representatives by Mr. Campbell
their clerk.
MR. SPEAKER,
The House of Representatives have adopted a resolution for
an adjournment of the Legislature sine die, on Thursday, the 15th
of December, in which they ask the concurrence of the Senate.
The Speaker of the House of Representatives did this day sign
enrolled resolutions of the following titles, viz:
A resolution directory to the Governor of this State. A resolu-
tion directing the manner in which certain witnesses shall be paid.
And a resolution concerning the inspection of tobacco at New
Orleans. And then he withdrew.
The Speaker of the Senate signed said enrolled resolutions,
and ordered them to be deposited in the office of the Secretary of
State. .
A bill to authorise the drawing of a lottery to clear out the ob-
structions in Obeds river, and to build a bridge across the same,
was taken up on its second reading, amended by Mr. Bradford and
passed.
A bill to compensate Jurors in the county of Sullivan.
A bill to establish a town in the county of Henry.
A bill appointing a commissioner to receive Justices' papers
in Knox county. And
201
A bill to exempt the militia of the 50th regiment in the county
of Morgan from attending battalion musters, were severally read
a third and last time in both houses, passed and ordered to be
enrolled.
A bill to ind-mnify such counties in this Stale as have been de-
prived of a p3rt of their county revenue by the act of A-*«-mhly
of August lith, 1822; and the compact entered into by l;>e com
Jijissioners appointed by the provisions ol said act, was taken up
oh its third reading in the Senate.
Mr. Gillespy idle red an amendment thereto; which, together
with the bill, was, on (notion of Mr. Gillespy, laid upon the ta-
ble.
Mr. Murray withdrew for amendment,
A bill to explain an act entitled an act more effectually to re-
strain the taking of excessive usury, passed at Murfreesboro, on
Ibe 13th of November, 1819.
And the Senate adjourned until Monday morning next, half
after 8 o'clock.
MONDAY MORNING, NOVEMBER 28th, 1831.
Mr. Anderson presented the petition of Wm. Plumlee, a cifi-
zen of Knox county, praying the passage of a law authorising
him to hawk and peddle without obtaining license therefor;
which was referred, on motion of Mr. Anderson, to the committee
on propositions and grievances.
Mr. Davis presented the petition of sundry citizens of Wayne
county, asking permission to raise funds by 'ottery to build a jail
in said county; which was referred, on motion of Mr. Davis, to
the commit ee on propositions arid grievances.
Mr. Davis, from the committee on land claims,io whom was re-
ferred a bill for the relief of Joseph Brown, reported that the com-
mitteehave had the same under consideration, and had instruct-
ed him to report, in lieu thereof, a bill to enable the occupants
of the Western District to save their occupancies, and for other
purposes. *
Said bill was read at the clerk's table, and, on motion of Mr.
Bradford, was ordered to lie on the table.
Mr. Speaker Douglass presented the report of the President and
Directors of the Bank of the State of Tennessee, made in obedi-
erice to a resolution adoptee1 in Senate, the 31st October, 1831;
which was read and ordered to the table, on motion of Mr. An-
derson.
Mr. Burford submitted the following:
Resolved, That the Senate meet the House of Representative*
Z
202
in their hall on Saturday the 15th day of December next, for the
purpose of considering the propriety of recommending to the peo-
pie of the State of Tennessee, at the next general election, to vote
for or against a call of a convention. And
Mr. Gillespy the following:
Resolved, by the General Assembly of the State of Tennessee,
That the President and Directors of the Batik of the State of Ten-
nessee, inform this General Assembly forthwith, the reason why
they have not reported in pursuance of a resolution of the pre-
sent General Assembly, the names, amounts and dates of the over-
checkers, and drawers, upon the bank, of those having no de-
posits therein since its establishment.
Mr. Gillespy introduced
A bill for the benefit of John McCrosky, former sheriff of Mon-
roe county.
A bill for the relief of Judy B. F. Perrin, of M'Minn county.
And
A bill for the benefit of Daniel McKanlass, of Blount co unty
Mr. Frey,
A bill to amend an act passed 9th November, 1817, regulating
the town of Charlotte, in the county of Dickson. And
Mr. Ilolrnan,
A bill for the relief of Martin Mooney and Wan. Mooney, .of
White county: all of which were severally read a first time and
passed.
A bill to amend an act entitled an act to dispose of certain
lands in Hawkins county, commonly called Simms' Big sur-
vey.
A bill for the relief of Albert Thomas.
A bill to amend an act passed in 1829, chapter 52.
A bill for the benefit of the Quorum Court of Williamson
county.
A bill appointing the time of holding regimental musters in the
99th regiment of Tennessee militia.
A bill for the relief of the creditors of Anthony ^Gilliam, de-
ceased.
A bill to repeal an act passed October 8tb, 1825, entitled
an act for the benefit of Jotham Brown, of Greene county.
A bill to incorporate the town of Cornersville, in the county
of Giles.
A bill to amend an act entitled an act to incorporate the Gal-
latin turnpike, company.
A bill to extend the town of Sparta.
A bill to authorise Cain Broyles, of Greene county, to open and
establish a turnpike road across Paint mountain.
A bill to appoint a commissioner on Hale's turnpike road in
White and Bledsoe counties.
203
A bill for the relief of Wm. Pope. And
A bill for the benefit of Richard C. Napier, were severally
read a third and last time in both Houses, passed and ordered
to be enrolled.
A bill to amend an act entitled an act to compel the commis-
sioners of the town of Lawrenceburgh, to close their business,
and to appropriate the monies in their hands to county purposes,
passed December 7th, 1821, and fo,r other purposss. And
A bill to authorise the register of the Hiwassee District to is--
sue grants in certain cases, were severally read a third time and
passed.
A bill to extend the time allowed by law for the erection of cer-
tain turnpikes and bridges in the Western District.
A bill to regulate the receiving toll at Robert Jetton and John
Elliott's turnpike gate, at Sandy Bridge, in Carroll county.
A bill to change the time of holding regimental drill musters.
And
A bill to incorporate a Female Academy at Athens, were sev-
erally read a second time and passed.
Mr. McCIellan withdrew for amendment,
A bill for the benefit of Joseph Hicks, Jailer of Hawkins coun-
ty. And
Mr. Bradford,
A bill to incorporate the Tennessee manufacturing company.
The Senate took up, on its third and last reading in both hous-.
es,
A bill providing for the entering of the forfeited lands in the
Hiwassee District.
Mr. Anderson moved to strike therefrom so much of the pro-
viso of said bill as excludes ncn residents from its benefits.
And thereupon the question.was submitted, and determined in
the affirmative—ayes 14, noes 6.
The ayes and noes being constitutionally demanded by Mr.
Gillespy,
The affirmative voters are,
Mr. Speaker, Anderson, Andrews, Brabson, Bradford, Burford,
Davis, Field, Greene, Holman, M'lver, Perkins, Polk, Wyly—14.
The negative voters are,
Mr. Frey, Gillespy, Jetton, Lytle, M'Clellan, Murray—G.
And so said motion prevailed.
Said bill was then withdrawn for amendment by Mr. Ander-
son.
Mr. Gillespy withdrew and returned with an amendment in
lieu of the second section,
A bill for the relief of John R. Charter.
Said amendment was received; and the bill being upon its third
and last reading in both houses, it was ordered that the clerk ac-
304
quaint the House of Representatives therewith, and ask their con-
eurrence therein.
A bill explanatory of an act entitled an act to authorise the en-
tenng and obtaining grants.tor any quantity of land under 5000
acres, and for other purposes, was, on motion of Mr. Anderson,
iiidefinitely postponed.
A resolution from the House of Representatives proposing to
adjourn the Legislature sine die, on Thursday the 15th of Decern-
ber next, was, on motion of Mr. Burford, taken up and read.
Mr. Anderson moved to lay it upon the table for the present.
And the question thereon being had, it was determined in the neg-
alive—ayes 10, noes 10.
The ayes and noes being demanded constitutionally by Mr.
Burford,
The affirmative voters are,
Mr. Anderson, Brabson, Davis, Gillespy, Greene, Holman,
Jetton, M'lver, Murray, Perkins*—10.
The negative voters are,
Mr. Speaker Douglass, Andrews, Bradford, Burford, Field,
Frey, Lyiie, MeClellan, Polk, Wyly—10.
And so said motion was lost,
Mr. Bradford then moved to lay the resolution upon the table
until Thursday next; which motion prevailed. Ayes 12, noes 8.
The ayes and noes being constitutionally demanded,
. The affirmative voters are,
Mr. Speaker, Anderson, Brabson, Bradford, Davis, Gillespy,
Greene, Holman, Jetton, Mclver, Murray, Perkins, 12.
The negative voters are,
Mr. Andrews, Burford, Field, Frey, Lytle, M'Clellan, Polk, Wy-
ly—8.
And so said resoletion was ordered to the table until Thursday
next.
On motion of Mr. Bradford,
The Senate took up and read the resolution heretofore submit-
ted by him proposing to lay off and define the congressional dis-
trieis in this Siate at the present session of the General Assem-
bly.
And thereupon the question was submitted, Will the Senate
adopt the resolution," and determined in the negative—ayes 5,
noes 15.
The ayes and noes being demanded constitutionally by Mr.
Bradford,
Those who voted in the affirmative are,
Mr. Speaker, Bradford, MeClellan, Peikins, Wyly—5.
The negative voters are,
Mr. Anderson, Andrews, Brabson, Burford, Davis, Field, Frey,
Wo
Gillespy, Greene, Holman, Jetton, Lytle/Mclver, Murray^ Polk
—15.
And so said resolution was rejected.
And then the Senate adjourned until to-morrow morning, 9
o'clock.
TUESDAY MORNING, NOVEMBER 29th, 1831.
Mr. Davis, from the committee on land claims, to whom was
referred a bill for the benefit of Thomas L. Gray, of Haywood
county, reported that the committee have had the same under
consideration, and had instructed him to annex thereto, a pro-
viso protecting occupants from the claim of said Thomas L. Gray;
and with that amendment thereto, to recommend the passage of
the bill.
Said report was concurred with, the bill read as amended the
first time and passed.
Mr. Burford's resolution of yesterday, proposing to meet the
House of Representatives in their hall on the 1 Oth day of Decern-
ber next, for the purpose of recommending to the people the pro-
priety of voting for the call of a convention at the next General
elections in this State. And Mr. Gillespy's resolution of the
same day directory to the President and Directors of the Bank
of the State of Tennessee, were taken up, severally read, and or-
dered to lie ori the table.
Mr. Brabson submitted the following:
Mesolved, That the Senate nu-et the House of Representatives
in their hall on the 10th day of December next, for the purpose of
electing an entry taker for the county of Claiborne.
A message from the House of Representatives by Mr Campbell
their clerk.
MR. SPEAKER,
The House of Representatives hsve adopted a
resolution appointing Justices of the Peace for the counties of
Gibson, Dyer, Sumner, Giles and Campbell.
Said resolu'ion was concurred in by the Senate, and the clerk
ordered to acquaint the House of Representatives therewith.
The Speaker of the House of Representatives did this day sign
enrolled bills ar.d resolutions of the following titles, (to wit,)
An act for the benefit of Nancy McClanathan and Rebecca Mc-
Intosh.
An act to establish a third battalion in the S2d Regiment of the
militia of this State.
An act to incorporate the inhabitants of the town of Randolph
in the county of Tipton.
206
A resolution appointing a justice of the peace for Hickman
county.
A resolution directory to the Governor of this State. And
A resolution directing the manner in which certain witnesses
shall be paid. And then he withdrew.
The Speaker of the Senate signed said acts and resolutions, and
ordered them to be deposited in the office of the Secretary of
State.
Mr. Field returned with an amendment in lieu of the whole
from the enacting clause, A bill to provide for the holding of a
chancery court in the town of Monroe in Overton county, said
amendment was received, and the bill withdrawn for further a-
inendment by Mr. Burford.
Mr. Jetton introduced
A bill for the benefit of James Childress.
Mr. Brabson
A bill for the relief of Vredenburgh Thompson of Jefferson coun-
ty, and for other purposes.
And Mr. Jetton
A bill to prevent fraudulent practices by the possession and re-
moval of personal property in this State, which were severally
read a first time and passed.
Mr. M'Clellan returned with an amendment providing for Mont-
gomery Irvine former Jailer and Wm. Hartman present Jailer of
Sullivan county, A bill for the benefit of Joseph Hicks Jailer of
Hawkins county, said amendment was received, the bill read as
amended a second time and passed.
Received from the House of Representatives,
A bill to authorize the drawing of a lottery for the purposes
therein mentioned, which was read a first time and passed.
A bill to provide lor the permanent establishment of the seat of
Justice in Overton county, was read a second time and passed.
Mr. Bradford returned with an amendment in lieu of the whole,
A bill to provide for the appointing of a board of commissioners
of arbitrament for the decision of controversies, arising under
the treaties of 1817 and 1819 concerning Indian reservations, and
for other purposes, said bill and amendment were on motion of
Mr. Bradford oadered to lie on the table.
M[r. Murray returned A bill to explain an act entitled an act,
more effectually to restrain the taking of excessive usury, and
offered as anamendment thereto the following, to wit:
Be it enacted that the taking and receiving usurious interest
shall not be indictable in any court of record in this State,and that
all laws or parts of laws coming within the meaning of this sec*
tion be and the same is hereby repealed, and thereupon the ques-
lion was had "Will the Senate receive said amendment?" and
determined in the negative. Ayes 7—Noes 13
207
The ayes and noes being constitutionally demanded by Mr. Brab-
son,
The affirmative voters are,
Mr. Bradford, Davis, Holman, Jetton, Lytle, Murray, Perkins
—7.
The negative voters are,
Mr. Speaker, Anderson, Andrews, Brabson, Burford, Field,Frey
Gillespy, Greene, McClellan, Mclver, Polk, Wyly—13.
And so said amendment wa3 rejected.
Mr. Gillespy then offered the following additional section as atl
amendment to said bill, to wit:
Be it enacted, that r.o person shall be shall be subject to indict-
ment for taking usurious interest, unless such indictment sMllbe
prefered within twelve months after such offence shall have been
committed, and thereupon the question was submitted, "Will the
Senate receive said amendment?" and determined in the affiyma-
tive. Ayes 11—Noes 9.
The ayes and noes being demanded constitutionally by Mr.
Greene,
Those who voted in the affirmative are,
Mr. Speaker, Anderson, Bradford, Burford, Frey, Gijlbspy,
Holman, Jetton, Lytle, Murray, Perkins—11.
The negative'voters are,
Mr. Andrews, Brabson, Davis, Field, Greene, McClellafl, 'Mc-
Iver, Polk, Wyly—9.
And so said amendment was received. Said bill was then read
as amended a second time, and the question thereon being had,
"Shall the bill pass?" it was determined in the affirmative. Ayes
11—Noes 9.
The Ayes and Noes beihg demanded constitutionally by Mr.
McClplIan,
The affirmative voters are,
Mr. Speaker, Anderson, Brabson, Bradford, Burford, Frey, Gil-
lespy, Holman, Lytle, Murray, Perkins—11.
The negative voters are, j
Mr. Andrews, Davis, Field, Greene, Jetton, McClelan, Mclver,
Polk, Wyly—9.
And so said bill passed its second reading.
The Senate took up on its second reading,
A bill to authorize the construction of a bridge across Cumber-
land River at Nashville, above the mcuth of Broad StreetJ Said
bill being read and having undergone much discussion, Mr. An-
derson moved to lav it upon the table, which motion was lost.—
The Bill was then put upon its passage, and the question thereon
being had, "shall the bill pass?" it was determined in tbt affir-
mative. Ayes 13—Noes 7.
205
Tht ayes and noes being constitutionally demanded by Mr.
Burford,
Those who voted in the affirmative are,
Mr. Speaker, Bradford, Burford, Davis, Frev, Gillespy, Greene
Lytle, Mclver, Murray, Perkins, Polk, Wyly—13.
Those who voted in the negative-are,
Mr. Anderson, Andrews, Brabson, Field, Ilolman, Jetton, Mc-
Clellan—7.
And so said hill passed its second reading.
Mr. Mclver introduced
A bill for the benefit of Wm. Lamb.
Mr, Gillespy,
A bill more speedily to procure the distribution of the public
funds in the several counties in this State upon a basis of free
white population.
And Mr. Greene,
A bill to explain and amend the laws concerning executions
issuedjby Justices of the Peace on attachments, which were sev-
erally'read a first time and passed.
A bill to amend an act entitled an act to establish turnpike
bridges in the Western district.
A bill to amend an act entitled an act to incorporate the Big
Hatebie turnpike company. And
A bill to incorporate the Columbia rail road company; were sev-
erallyread a second time and passed.
A bjll to authorise James McKinley and Lewis Fletcher to open
a turnpike road, was read a third and last time in both houses,
passed and ordered to be enrolled.
Mr. Gille spy withdrew, a»d returned with an amendment,
A bill to extend au act concerning the register of the Hiwassee
district, passed the 2d October, 1827.
Said amendment was received, and the bill being upon its third
and last, reading in both Houses, it was ordered that the clerk ac-
quaint the House of Representatives therewith, and ask their con-
curfence therein.
A bill to authorise the drawing of a lottery to clear out the ob-
structions in Obeds river, and to build a bridge across the same,
was taken up on its third and last readiig. And the question
thereon being had, "-Shall the bill pass?" it was determined in the
affirmance—ayes 12, noes 8.
The ayes and noes being demanded constitutionally by Mr.
Murray, ^
The affirmative voters are,
Mr. Speaker, Atidfrsou, Andrews, Bradford, Gillespy, Greene,
Holman, Lyile, Mclver, Perkins,Polk, Wyly—12.
The negative voters are,
209
Mr. Brabson, Burford, Davis, Field, Frey, Jetton,McClellan,
Murray—8.
And so said bill passed its third and last reading in both Houses,
with an order to be enrolled.
Mr. Anderson returned with an amendment,
A bill providing for the entering of the forfeited lands in the
Hiwassee District.
Said amendment was amended by Mr. Gille&py, and received.
And the bill being up'on its third and last reading in both Hous-
es, it was ordered that the clerk acquaint the House'of Repre-
sentatives therewith, and ask.their concurrence therein.
Mr. Davis submitted the following:
Resolved, That the Judiciary committee be instructed to enquire,
whether the Judges of the circuit courts in this Stale have jurisdic-
tion in the county where a judgment is rendered in favor of a non-
resident of said county to enjoin said judgment, and hear and de-
termine said cause'or not,and that they report by bill or otherwise
Mr. Bradford returned
A bill to incorporate the Tennessee manufacturing company,
with an amendment, which proposes to establish and incorporate
a company in the town of Shelbyville,-to be styled the Western
Manufacturing Company.
Said amendment was received, and the bill being upon its last
reading in both Houses, it was ordered that the clerk acquaint
the House of Representatives therewith, and ask their concur-
rence therein.
Mr. Polk from the committee of enrolments, reported as truly
enrolled,
A resolution appointing Justices of the Peace for the county of
Weakly.
A resolution appointing a Justice of the Peace for the county of
Dickson.
A resolution appointing Justices of the Peace for Gibson
county.
A resolution appointing a Justice of the Peace for the county of
Dickson.
A resolution appointing a Justice of the Peace for the county of
Henry.
A resolution appointing a Justice of the Peace for the county of 1
Maury. And
An act to establish a town in the county of Henry. All of
which were signed by the Speaker of the Senate, and ordered to
be transmitted to the House of Representatives.
A message from the House of Representatives by Mr. Campbell
their clerk.
Aa
£10
MR. SPEAKER,
The Speaker of the House of Representatives did this day sign
enrolled bills of the following titles, (to wit:)
An act to authorise the Treasurer of East Tennessee to pay
certain monies.
An.act to authorise the Sheriff of Hardeman county to pay over
certain monies.
An act to alter.the time of holding the county courts of Dyer
and Obion counties, arid for other purposes.
An act to explain and amend an act passed in 1829, moreef-
fectually to provide for emancipating slaves And
An act to incorporate a board of internal improvement in East
Tennessee. And
An enrolled resolution appointing Justices of the Peace for the
counties of Gibson, Dyer, Sumner, Giles and Campbell. And then
he withdrew.
The Speaker of the Senate signed said enrolled bills and reso-
lution, and ordered them to be deposited in the office of the Sec-
rctary of State.
Mr Burford presented the resignation of James Blackmore,
surveyor of Sumner county, which was read, accepted, and order-
ed to be transmitted to the House of Representatives.
Mr. Burford also prerented the report of the President and Di-
rectors of the Bank of the State of Tennessee, made in obedience
toa resolution adopted by the General Assembly on the 19th Oc«
tober last, requiring them to furnish a statement of the whole of
the real estate belonging to the Bank* which was read and order-
ed to be transmitted to the House of Representatives.
On motion of Mr. Murray,
Ordered, That Mr. Davis be added to the committee on internal
improvement in the Western District.
WEDNESDAY, NOVEMBER 80th, 1831.
Mr. McClellan presented the petition of J. R. Delaney and
William K. Blair, asking compensation for guarding Labun B.
Williams to the jail of Hawkins county; which was referred, on
motion of Mr. McClellan, to the committee on claims.
Mr. Gill espy presented the petition of George W. Price; which
was referred, on motion of Mr. Gillespy, to the committee on the
Hivvassee district.
Mr. Davis' resolution of yesterday directory to the committee
on the Judiciary. And
Mr.>BrabsoQ78 resolution providing for the election of entry-
211
takers for the counties of Claiborne and Sumner, were taken up,
severally read and adopted.
Mr. Polk from the committee of enrolments, reported as cor-
rectly enrolled,
An act to incorporate the Franklin Rail Road company.
An act to authorise the drawing of a lottery to clear out obstruc-
tions in Obeds river, and to build a bridge across the same.
And
An act to extend the town of Sparta.
The Speaker of the Senate signed said enrolled bills, and or-
dered ityem to be transmitted to the House of Represents-
tives.
A message from the House of Representatives by Mr. Campbell
their clerk.
MR. SPEAKER,
The House of Representatives concur with so
much of the Senate's resolution appointing Justices of the Peace
for Wayne county, as relates to Ephraim Churclivveli, Wallis Hays,
Samuel Seaton, Benjamin F. Sidden, Win. B. Curtis, William Hiri-
kle and Elijah Blackshear, and non-concur as to the balance.
They have adopted a resolution appointing Justices of the
Peace for the counties of Shelby, Hardin and Franklin, in which
they ask the concurrence of the Senate. And then he withdrew.
Mr. Polk introduced '
A bill for the relief of Mary Guest, widow and relict of Joshua
Guest, deceased, late Jailer of Maury county; which was read a
first time and passed.
A bill for the relief of Joseph Brown, was taken up, and the
amendment heretofore reported by the committee iu lieu of the
whole was received.
Said bill was further amended by Mr. Field, Mr. Perkins and
Mr. Burford.
Mr. Bradford moved to strike out the second section thereof;
which motion was lost—yeas 5, nays 15.
The yeas and nays being constitutionally demanded by Mr.
Bradford,
Those who voted in the affirmative are,
Mr. Andrews, Br idford, Greene, Mclveraud Wyly—5.
The negative voters are,
Mr. Speaker Douglass, Anderson, Brabson, Burford, Davis,
Field, Frey, Gillespy, Holman, Jetton, Lytle, M'Clellan, Murray,
Perkins and Polk—15.
And so said second section was not stricken out.
The question thereupon being had, "Shall said bill pass?" it was
determined in the affirmative—}eas 12, nays S.
The yeas and nays being constitutionally demanded by Mr. Brad-
ford,
213
Those wh'o voted in the affirmative are,
Mr. Speaker Douglass, Anderson, Brabson, Burford, Davis,
Field, Frey, Gillespy, Hoi man, Lytle, Perkins and Polk—12.
The negative voters are,
Mr. Andrews, Bradford, Greene, Jetton, McClellan, Mclver,
Murray and VVyly—8.
And so said bill passed its second reading in the Senate.
A bill to authorise Timothy Dotson to build a bridge, was read
a third and last time in both Houses, passed and ordered to be
enrolled.
Ordered, on motion of Mr. Polk, that Mr. Murray and Mr. An-
drews be added to the committee of enrolments.
Mr. Greene submitted the following:
Resolvtd by the General Assembly of the State of Tennessee,
That the President and Directors of the bank of the State of Ten-
nessee, report to this General Assembly the exact amount of the
principal sum received from the one half of the sales of the Hi-
wa9see lands, and which was not appropriated by the act of 1827.,
chapter 64, for the support of common schools in this State;shew-
ing first the amount of deductions allowed by the acts of 1827 and
1829, on the same. Secondly, whether the monies appropriated
for the building of the Penitentiary, has been taken from the sum
so received by the act of 1827 aforesaid; and if so, what amount;
and thirdly; what is the amount of the balance of the said one half
of the monies received from the sales of the Hiwassee lands now
subject to the appropriation of the Legislature.
And then the Senate adjourned.
THURSDAY MORNING, DECEMBER 1st, 1831.
Mr. Greene's resolution of yesterday directory to the President
and Directors of the bank ot the State of Tennessee, was taken
up, read and adopted.
Mr. Frey introduced
A bill to remove the sittings of the Supreme court of errors
and appeals, from Reynoldsburgh to Clarksville. And
Mr. Davis,
A bill to remove the Supreme court from Reynoldsburgh to
Centreville; both of which were read a first time and passsd.
Mr. Burford submitted the following:
Resolved, by the General Assembly of the State of Tennessee,
That Berrym? n Turner and Thomas W. Page be, and they are
.hereby appointed, Justices of the Peace in and for the. county of
Smith, And the rule being suspended, said resolution was adopt-
ed.
213
Ordered that the clerk acquaint the House of Representatives
therewith, and ask their concurrence therein.
Rlr. Gillespy submitted the following:
Reached, That the record ol the proceedings of the trial of the
Honorable Joshua Haskell, Judge of the 8th Judicial circuit of
this State, before the court of Impeachment of the State of Ten-
nessee, be annexed to, and published with, the Journals of the
Senate.
Mr. Davis introduced
A bill for the benefit of Hardin county. And
Mr. Greene,
A bill to compensate George W. Woods, Sergeant at arms, to
the court of impeachment, on the trial of Joshua Haskell, Judge
of the 8th'Judicial circuit.
Said bills were severally read a first time and passed.
A bill to revive an act incorporating the turnpike company from
Murfreesboro to Nashville, was amended by Sir. Bradford, read
the third time and passed. *
Ordered that Mr. Greene and Mr. Mclver be added to the com-
mittee on Internal Improvement in the Western District.
Received from the House of Representatives,
A bill to incorporate a Female academy in the county of Rhea,
A bill to repeal the 13th section of an act passed 1799, chap-
ter 10.
A bill to appoint additional Trustees for the Bolivar Academy
in the county of Hardeman.
A bill to compel the owners of turnpike roads and toll bridges
to keep the same in repair.
A bill declaratory of the law concerning contempts of courts.
A bill exempting citizens of Marion county attached to a troop
of cavalry from attending regimental musters.
A bill to divorce Henry Anderson from his wife Fanny.
A bill to reduce the tax on Pedlars.
A bill to authorise M. H. Howard and others to build a- mill or
iron works across Big Sandy river, in the county of Henry.
A bill for the relief of Orange Ham, of Williamson county.
A bill to provide for the holding of a chancery court in Overton
and Giles county.
A bill for the benefit of John B. Rogers and Archibald C. Ro-
gers of Fentress county.
A bill for the relief of Charles McNally of McMinn county.
A bill to authorize George W. Wood to open a turnpike road.
A bill to reduce the fees of clerks in certain cases.
A bill to amend an act entitled an act to establish a system of
common schools, and to appropriate the common school funds of
the State, passed January 14th, 1830.
A bill supplemental to an act entitled an act providing for the
214
leasing of lands which have been set apart for the use of common
sohools and for-the keeping of common English schools on the
same in Middle Tennessee, passed October 29th, 1831.
A bill to repeal an act entitled an act to provide a permanent
office for the public papers of the State.
A bill to distribute the surplus books in the Secretaries office
and for other purposes.
A bill to grant a preference of Entry for a meeting house and
camp ground.
A bill for the benefit of Daniel Madding.
A bill for the benefit of Samuel Ingham of Carroll county.
A bill to restore James Carroll of Campbell county to legal pri-
vileges.
A bill to repeal an act authorizing the mayor and aldermen of
the town of Huntingdon to sell certain alleys, and for other pur-
poses. And
A bill to prevent non-residents from grazing their stock in the
the counties of Claiborne and Campbell, all of which were sever-
ally read a first, time and passed.
Mr. Gillespy introduced
A bill to do justice to the several counties in thie State in
which school taxes are collected. And
A bill for the benefit of the Regiment of Cavalry attached to
the 12th Beigadc Tennessee militia, which were severally read a
first time and passed.
Mr. Polk from the, committee on enrollments reported as tru-
ly enrolled, a resolution appointing justices of the peace for the
county of Smith. Said resolution was signed by the Speaker and
ordered to be transmitted to the House of Representatives.
A bill to indonotify such counties in this State as are deprived of
apart ofihcr «v'<rpv revenue by the act of assembly of August 14,
1822, and too \ ompact entered into by the commissioners appoint-
ed by the provisions of said act, was taken up on its third reading
and the question thereon being had "shall the bill pass?" it was
determined in the affirmative. Ayes 13—Noes 6.
The yeas and nays being constitutionally demanded by Mr. M'-
Clclian,
The affirmative voters are,
Mr. Speaker, Andrews, Bradford, Davis, Frey,Gillespy Greene,
Holman, Jetton, Lytle, M'Jver, Murray, Perkins—13.
The negative voters are,
Mr. Anderson,"BrabsonJ Field, M'Clellan, Polk and Wyly—6.
And so said bill passed its third reading.
A bill to author'ze the construction of a bridge across the
Cumberland river ut Nashville above the mouth of Broad street.
A bill to extend an act concerning the Register of the Hiwas-
see district, passed 2d October, 1827.
215
A bill providing for the entry of the forfeited lands in the Hi-
wassee district.
A bill to incorporate the Tennessee ^manufacturing company
and for other purposes. And
A bill for the relief of John R. Charter, were severally read a
third and last time in both houses, passed and ordered to be en-
rolled.
A bill to relieve the distresses of the good people of this State,
was taken up on its second reading, and thereupon the question
was had, "shall the bill pass?" and determined in the negative;
Ayes 3^—Noes 17.
The ayes and noes being constitutionally demanded by Mr.
Murray,
The affirmative voters are,
Mr. Andrews, Gillespy, M'Clellan—3.
The negative voters are,
Mr. Speaker, Anderson, Brabson, Bradford, Burford, Davis,
Field, Frey, Greene, Holman, Jetton, Lytle, M'lver, Murray,
Perkins, Polk, Wyly—17.
And so said bill was rejected.
Mr. Holman introduced
A bill to authorise Elizabeth Kenner of the county of Jackson
to sell certain lands which was read a first time and passed.
A message from the House of Representatives by Mr. Campbell
their clerk.
MR. SPEAKER,
The Speaker of the House of Representatives
did this day sign enrolled bills of the following titles, to wit:
An act to amend an act entitled an act to corr.^.el the oommis-<
sioners of the town of Lawrenceburg to close t heir business and to
appropriate the monies in their hands 1o county purposes, pas-
sed December 7th, 1829, and for other purposes.
An act for the relief of the Surveyors general of the 13th and
11th districts. And
An act to establish precinct elections in th^ places therein
mentioned.
The House of Representatives have adopted a resolution ap-
pointing justices of the peace for the counties or C| clHy, Hardin
and Franklin in which they ask the concurrc ( ' \te Senate.
The houseconcur with theSenate's R^-ulohon a- ."'Justices
of the peace for the county of-smith. And then
Whereupon
The Speaker of the Senate sianed said enrolled bills, and
ordered thein to be deposited in the office of the Secretary of
State.
Ordered, That the Senate concur in the Resolution from the
House of Representatives appointing justices of the peace for the
216
counties of Shelby, Hardin, and Franklin, and that the clerk ac-
quaint the House of Representatives therewith.
The Senate took up on motion of Mr. M'Clellan, the resolution
from the House of Representatives proposing to adjouru the pres-
ent General Assembly sine die, on Thursday the 15th day of this
month, and prohibiting the introduction of any and all bills into
either branch of the Legislature, after the 5th day of the same
month. Mr. Field moved a non-concurrence, with so much of
said resolution as prohibits the introduction of bills after the said
5th day, which motion prevailed. Ayes 13—Noes 7.
The Ayes and Noes being demanded constitutionally by Mr.
McClellan,
The affirmative voters are,
Mr. Anderson, Brabson, Davis, Field, Frey, Gillespy , Greene,
Holman, Jetton, Lytle, Mclver, Murray, Perkins—13.
The negative voters are,
Mr. Speaker, Andrews, Bradford, Burford, M'Clellan, Polk,and
Wyly—7
And so said motion prevailed.
Mr. Gillespy then moved the indefinite postponement of the re-
mainderofthe resolution; which motion was lost—ayes 10, noes
1°.
The ayes and noes being demanded constitutionally by Mr.
McClellan,
The affirmative voters are.
Mr, Brabson, Davis, Gillespy, Greene, Holman, Jetton, Lytle,
M'lver, Murray, Perkins—10.
The negative/voters are,
Mr. Speaker, Andrews, Anderson, Bradford, Burford, Field,
Frey, McClellan, Polk, Wyly, 10.
And so said motion was overruled
Mr. Anderson then moved a non-concurrence. And thereupon
the question was had, "Will the Senate non-concur?" and deter-
mined in the affirmative. Ayes 11, noes 9.
The ayes and noes being demanded constitutionally by Mr.Mc-
Cleilan,
The affirmative voters are,
Mr. Andrews, Anderson, Brabson, Davis,Gillespy, Greene, Hoi-
man, Jetton, Lytle, Murray, Perkins, 11.
The negative voters are,
Messrs. Speaker, Bradford, Burford, Field, Frey, M'Clellan,
Mclver, Polk and Wylj—9.
And so said motion prevailed.
The Senate took up the resolution heretofore submitted by Mr.
Burford, proposing to adjourn the present session of the General
Assembly on the 10th day of December, inst. and prohibiting the
introduction of bills after this day.
317
Mr. Davig moved to strike oat the word "tenth," forthe purpose
of inserting the words "twenty-second;!'which motion prevailed,
ayes 1 i, noes 0.
The ayes and noes being constitutionally .demanded by Mr.
Bradford,
The affirmative voters are,.
Mr. Urab-nn, Davis, Gill^spy, Greene, Holman, Jetton, Lytle,
Meher,, Murray, Perkins, Folk—il."
The negative viters are,
Mr. Speaker, Andrews, Anderson, Bradford, Burford, Field,
Frey, McClellon, Wyly—9.
And so said motion prevailed.
Said resolution was further amended, on motion of Mr. Gil-
lespy, by striking therefrom the first day of December, and sub-
stituling in lieu thereof the 12th day of December, as the time
limited for the introduction of bills, unless reported by a com-
miitee. The resolution was then read as amended and* adopted.
Ordered that the clerk acquaint the House of .Representatives
therewith, and ask tfieir concurrence therein.
A message from the House of Representatives by Mr. Campbell
their clerk.
MR. SPEAKER,
The House of Representatives concur in your
resolution, appointing a joint select committee to enquire info the
expediency of extending the laws of this State to the southern
boundary thereof, over tlie territory at present occupied by the
Cherokee Indians; and have appointed Mr. Brown, Dunlap, Hoi-
land, Gordon, Hurst and Mr. Watkins, to be of said committee
on the part of the House of Representatives. And then lie with-
drew. .
Whereupon the Speaker appointed Mr. Greene, Brabsqn, Da-
vis and Gillespy, to be of said-committee on the .part of the Sen-
ate.
A bill for the relief of Nathan Jobe.
A bill to incorporate the Clarksville and Russellville rail road
company,
A bill for the benefit of Joseph Daney.
A bill supplemental to an act entitled an act to appropriate the
school lands in the Iliwassee District to the use of schools for the
instruction of children therein; passed at the present session of
the General Assembly.
A bill to provide for the payment of patrols.
A bill for.the relief of Cullen. and Wyly Bayles, and for other
purposes.
A bill concerning tho correction of grants, plats and certifi-
cates, and for other purposes.
Bb
Z18
A bill for the benefit ot Field Farrow, clerk of Dickson county
court.. . ,
. A bill to authorise the commissioners of the Western District
•turnpike road, to rescind the contract existing between said corn-
missioiiers. and John Thomas, jr. and for other purposes.
A bill to provide for the'pa.ymeni.-ot the members, clerks and
doorkeepers, of.the present General Assembly,.and to reduce the
pay of the Judges of the Sdpieme, chancery .and circuit courts.
•A bill to compensate Samuel Cf. Smith for services performed,
and monies expended, in the servile of * lie State.
, A bill to-tax'the retailers of spiriurus liquors, and to appropriate
the monies arising therefrom to common schools.
A bill prescribing certain duties to the clerks of the several
ourts in this State. * ,
.A bill to repeal an act passed in the year .1827, authorising
Isaac and Lewis Miller to erect a mill dam pn Clinch river.
A bill concerning the publication of the decisions of thp Su-
]|reme court of this State. And •
A bill to provide for the circulation and preservation of the
Journals of the Congress of the United Stales, vvere'severally read
a second time .and passed.
Mr. Brabson withdrew for amendment,
A bill relative to the registration, of deeds, and for other pur-
poses. And
Mr. Anderson,
A bill to increase the revenue in the different counties in this
State.
And then the Senate adjourned.
FRIDAY MORNING, DECEMBER 2nd, 1831.
Mr. Murray presented the petition of sundry citizens of Car-
roll county, praying an alteration in the laws of the State in re-
lation to Bastardy, which was referred, on motion of Mr. Murray,
to the committee on the Judiciary.
Mr. Murray also presented the return of the clerk of the county
court of Obion oounty, shewing the quantity of land listed for
taxation in said county for the year 1830, and the amount of tax
collected by him for the same year; which was referred, on mo-
tion of Mr. Murray, to the committee on finance.
Mr'. Murray also presented the certificate of said clerk, shew-
ing the number of captains' companies and Justices of the Peace
in said county; which was referred to tb^ committee. And also
the resignation of John Cooper, Justice df the Peace for Carroll
epunty; which was, on motion of Mr. Mqrray, ordered to be at-
219
tached to a resolution submitted by him, appointing a Justice of
the Peace for said county, and a Justice of the Peace tor Carroll
coun'y
.Mr. Polk from the committee .of enrolments, reported .as truly
enrolled, • ■
An net to authorise James MeKinley and Lewis Fletcher to
open a turnpike road,and for other purposes.
An act appointing a commissioner to receive Justices' papers
in Knox county.
An act to incorporate the Franklin and Columbia turnpike corn-
pany. •
An act to establish the Montgomery Rangers.
A:i act for the benefit of Nathaniel B. Butler.
An act for the relief of George W. Churchwell.
An act to amend an act entitled an act to extend the corpora-
tion of the town of Brownsville, passed December 23, 1829.
An act to authorise a lottery for the continuation of Union
street in the city of Nashville. And
An act to exempt the militia of the 53th regiment, in the coun-
ty of Morgan, from attending battalion musters.
Said enrolled bills were signed by the Speaker of the Senate, •
and ordered to he transmitted to the House of Representatives.
Mr. Mclverfrom the committee on propositions and grievances,
to whom was referred, a bill for the relief of John Key and Thotn-
as White, of Anderson county, and William Piumlee .of Knox
county, reported that the committee have had the same under
consideration, think its provisions reasonable, and had instructed
him to advise its passage.
Mr. Murray moved to amend said bill by inserting a provision
therein for the benefit of Simpson Organ, of Wil.son county. .'
Mr. Greene moved further to amend by extending its provisions
to John Grayson, of Monroe county; both of which amendments
were received, the bill read as amended a second time and pass-
ed.
Mr. Mclver from the same committee, to whom was referred
a bill for the benefit of Mitchell and Banks—a bill for the relief of
Larkin II. Bowling—a bill for the benefit of Benjamin Duvh, of •
Henry county—and a bill for the benefit of the executor* and !e*
gal representatives of Robert H. Dyer, deceased-—reported that
tile committee have had the same under consideration, think the
provisions uf said bill reasonable, and had insiruc'ed him to re-
commend their passage.
Said report was concurred in, the bills severally read a first
time and passed. •
Mr. Greene from the committee of internal" improvement, to
whom was referred, a bill to open and keep in repair the ford
road in the counties of Sullivan and Hawkins, reported that th«
220
committee have had the same under consideration, and had in-
structed him to advise the rejection of the second section thereof,
and the passage of the remainder.
Mr. Gdlespy moved add the following ta the first section
thereof, (to wit:) '"And that said road is hereby declared to be a
public road of the second class;" which motion prevailed.
The said bill was further amended, on motion of Mr. Brabson,
by striking therefrom the words "fifty dollars," and inserting in
lieu thereof the words "twenty five dollars," as a fine upon over-
seers failing to keep said road in repair.
And thereupon the question was submitted, "Will the Senate
concur with tl.ie report, of the committee?" and determined in
the affirmative—ayes 11, roes 9.
The ayes and noes being demanded constitutionally by Mr.
Brabson, .
The affirmative voters are,
Mr; Speaker, Anderson, Burford, Field, Greene^ Holman, Jet-
ton, M'Clellan, Perkins, Folk, Wy.ly —11.
The negative voters are,
Mr Andrews, Brabson, Bradford, Davis, Frey, Gillespy, Lylle,'
Mclver, Murray—9.
And so said report was concurred in.
Whereupon the said second section was stricken out, the bill
read as amended a second time and passed.
Mr. Greene from the same committee, to whom was referred
a bill to amend an act entitled an act to incorporate the Nash-
viile and Franklin turnpike company, reported that the commit-
tee have had the same under consideration, think its pro-visions
reasonable, and had instructed hi in to recommend its passage.
Said bill was then read a second time and passed.
Mr. Greene from the same reported favorably on a bill for the
relief of the commissioners appointed by the General Assembly
of 1829, to superintend the erection.of bridges across Doe river
in the county of Carter.
Said bill was read a first time and passed.
Mr. Greene from the same, to whom was referred the petition
of Robert Burke, jr.—and a resolution directory to the said com-
mitlee instructing them to enquire into the expediency of making
an appropriation out of the public funds to pay hands for work-
ing on the public roads in the several couniies in this State, re-
ported that (he committee have had the same, under considers-
Hon, think them unreasonable, and recommend their rejection.
Said report was "concurred in by the Senate.
Mr. Gi-lespy's resolution of yesterday, in relation to attaching
the records .of the'court of impeachment to the Journals of the
Senate, was ordered to lie on the table.
Mr. Murray submitted the following:
'521
Resolved, by the General. Assembly of the Stafe of Tennessee,
That Thomas J. N. Bridges be, and he is hereby appointed, a
Justice of the Peace lor the county of Gajroll; arid that Henry D,
Logan be, and is hereby appointed, a Justice of the Peace for the'
county of Obion. And the rule being suspended on rnotiori of
Mr. Murray,said resolution was adopted.
Ordered^ That the clerk acquaint the House ot Representatives
therewith, and ask their concurrence therein*
Mr. Davis introduced '
A bill for the benefit of Daniel Beeler. ~ And
A bill for the relief Of John Baylor; which were severally read
a first time and passed. - .
Mr. Gillespy from the committee oh the Judiciary, to whom
was referred a bill to repeal an act entitled an actio explain and
amend an act entitled ah act to regulate certain proceedings on
executions, and.for pther purposes; passed November 27th, 1829,
reported that the committee have had the same under considera-
tion, and bad instructed him to report an amendment in lieu of the
whole from the enactingclause.
Said amendment was received, read as amended, and passed
its second reading.
A message from the House of Representatives by Mr. Camp*
bell their clerk.
MR. SPEAKER,
The Speaker of the House Of Representatives did this day sign
an enrolled bill entitled, an act to authorise Jose C. Dew & co.
to build a toll bridge across Falling Water, in White county.—
The House of Representatives have adopted a resolution appoint-
ing Justices of the Peace for tbe counties of Sumner, Perry, Mau-
ry,Grainger and Anderson, in which thty ask the boncurrence of
the Senate. And then he withdrew.
Whereupon the Speaker signed said enrolled bill, and ordered
it to be deposited in the office of the Secretary of State.
On motion of Mr. Brabson,
Ordered, That so much of the resolution appointing James
Boyd and othefs, Justices of the Peace for Grainger county, be
laid upon .the table. The remainder of said resolution was then
read arid concurred in.
Ordered that the clerk acquaint the House of Representatives
therewith.
Received from the House of Representatives,
A bill to change the lime of holding battalion musters in the
22rid mriment of Tennessee militia. A bill to explain and amend
the acts of -1824, chapter 17, ami 1825, chapter 57fconcerning
insolvent debtors. A bill to cornp.el certain persons to pay for
the use and occupation of lands in certain cases. A bill to de-
clare navigable, Knobb creek in the county of Sevier. A bill to
222
prevent impostions from being practised by the citizens of one
county upon those of another. A bill for the relief oi Wm. Polk.
A bill for the relief of David Weir, of Carroll county. A bill re-,
quiring the acts of a general and public nature to be bound. A
bill for the benefit of Henry I.'ghlfoot and Joseph Hodge. A bill
for the. relief of the heirs of Thomas Alsup, deceased.- A bill to
establish the town ofBatavin, iri Carroll county, A bill to include
the residence of John Andrews in the county of Giles. A bill to
authorise Jesse Matlock to erect ivatt-r works on a sluice in the
Tennessee river; all of which were severally read a first time and
passed.
Mr. Anderson returned with an amendment,
A bill to increase the revenue of the ditferent counlies in tliis
State..
Said amendment was received, and the bill referred, on motion
of Mr. Burford,. to a select-c-»n»niittee. Tne Speaker appointed
Mr. Burford, Anderson, Perkins, Giliespy, Greene and Murray,
said committee.
The Senate took up a bill concerning free persons of color,
and for other purposes. Mr. Burford offered the following a-
mendmeot, to wit: Be it enacted, that all laws and parts of laws
heretofore passed giving to any of the courts in this State the right
or power to emancipate slaves be, and the same is hereby repeal-
cd, and thereupon the question was had " Will the Senate receive
said amendment?" and determined in the negative. Ayes 5—
Noes 15. ,
The ayes and noes being demanded constitutionally by Mr.
Gillespy,
Those who voted in the affirmative are,
Mr. Bradford, Burford, Holman, Lytle, McClellan,—5.
The negative voters are,
Speaker, Andrews, Anderson, Brabson,Davis, Field, Frey, Gil-
lespy, Greene, Jetton, Mclver, Murray, Perkins, Polk, Wyly—15.
And so said amendment was rejected.
Mr. Bradford moved to amend by striking out so much of said
bill as provides for selling such free persons of color, under cer-
tain circumstances, and thereupon the question was .submitted
*• Will the Senate make the amendment?" and determined in the
affirmative. Ayes 17—Noes 3.
The ayes and noes-being constitutionally demanded by Mr. Bur-
ford,
The affirmative voters are,
Mr. Speaker, Andrews, Anderson, Brabson Bradford, Davis,
Field, Frey,-Gillespy, Jetton, Lytle, McClellan, Mclver, Murray,
Perkins, Polk, Wyly—17.
The negative voters are,
Mr. Burford, Greene, Holman—5.
325
And so said motion prevailed.
Mr, Murray then asked and obtained leave to withdraw said bill
for further amendment,
Mr. Greene introduced
A hdl «o co.ripeusHte John C. Haley and his son John Haley,
for miney expanded and Ubor done in removing obstructions in
the Tennessee river, which was read'a first time and passed.
Mr. Davis withdrew for amendment
A 'oil for the relief of Joseph F. Neely and James C. Neely of
Jackson county. •
A lull to extend the time allowed by law for the erection of cer-
tjain turnpikes and bridges in the Western district, and for other
purposes.
A bill to prevent the violation of graves and the disturbance of
the dead.
A bill to incorporate a female academy in the town of Athens.
And
A bill for the benefit of Wm. Moore of Gibson county, were
severally read a third and last time and ordered to be enrolled.
Received from his Excellency William Carroll, a communica-
tion in relation to the South boundary line of this State, toge-
ther with t1 e correspondence between hirnselfand the governor
of the Slate ol Mississippi, and the report of J; Thomson upon
that subject, which were read and referred on motion of Mr. Bur-
ford to the committee on the dividing line, between the States of
Tennessee and Mississippi.
A bill to provide for ttie taking of the enumeration of the free
male inhabitants of this State,was referred on motion of Mr.
Frey to the committee on that subject.
A bill to release Hales' turnpike road from the payment of a
State tax.
A bill to provide the manner in which cost shall be paid in
crinrnal cases and for other purposes.
A bill for the benefit of John Wallers of Smith county.
A bill for the relief of persons who are about to be injured by
the hurricane at Charlotte in 1S30.
A bill for t he relief of Jonas B. Lyles of Obion county.
A bill for the benefit of Robert Jetton and John Elliot.
A bill to allow the Sheriffs of Dyer and Obion counties,- longer
time for the payment of certain taxes. And
A bill to encourage the manufacture of Iron in. this State, were
severally read a second time and passed.
Mr. Wyly withdrew for amendment,
A bill to authorize the county courts to grant license to retail
mercuandize in certain cases.
A bill for the benefit of the purchasers of lots in the town of
Somerville, was read a third time and passed.
22*
' A bill to provide for the permanent establishment of the seat of
justice in Overton county, ,
A bill to'define and extend tfie jurisdiction of' justices oft e
peace. .
A bill for the heirs' and, creditors of James Peake, dec'd. of
White county, were taken up on their third and lastreadingin both
houses, sevei ally read and amended.
Ordered that the clerk acquaint the House of Representatives
therewith and ask their concurrence therein.
And the Senate adjourned.
SATURDAY MORNING, DECEMBER 1, 1831.
Mr. Davis presented the petition of Colia Tanner, praying to be
divorced from her husband John Tanner, which was referred on
motion of Mr. Davis to the committee on divorces.
Mr. Murray presented a copy of a grant from the State of North
Carolina to Samuel M'Graw, with other papers relating to said
claim which was referred on motion of Mr. Murray to the commit-
tee on land claims. • •
.Mr. M'lver presented a memorial from the merchants and other
citizens of Madison county, praying the establishment of a bank
in this State, which whs read and on motion of Mr. Mclver or-
dered to be transmitted to the House of Representatives.
Mr. Frey from the committee on Finance to whom was referred
A bill to appropriate the taxes arising from shows to county pur-
poses, reported that.J.lie committee have had the same under con-
sideration, think-its provisions reasonable and had instructed him
to recommend its passage, said report was concurred in, the
Bilfread a second time andpass ed.
^ Mr. Davis from the committee on Land claims, to whom was
referred A bill for the benefit of Hugh Dunap reported that the
committee have had the same under consideration and had instruct-
ed him,to report an amendment in lieu of the. whole; on motion
of Mr. Brabson, ordered that the said bill and report be laid upon
the table. *
Mr. Greene from the committee on internal improvement, to
whom was referred, A resolution directing said committee to in-
quire into the propriety of authorizing the county courts to lay a
tax for the-purpose of keeping up the public roads, reported A
bill to authorize the-county courts in the several counties in this
State to lay a tax to keep up the public roads in lhi3 ' state; said
bill was read-a first time and passed.
Mr. Polk from the-committee on enrollments reported as tru-
ly enrolled, *
22*
An act to incorporate the Tennessee manufacturing company,
and for other purposes.
The Senate took up,
A Bill to repeal part of an act entitled an act to reform and
amend the penal laws of the State of Tennessee; passed the 9th
December, 1829. Upon which, Mr. Holman, as chairman of the
committee on the penitentiary, had heretore, (to wit:) on the se-
cond day of November last, reported unfavorable
Mr. Bradford offered the following amendment thereto:
That the provisions of said act, which subject persons to peni-
tentiary confinement, who may in personal combat bite off the
finger or thumb of his adversary be, and the same is hereby re-
pealed; and that offenders of this description be punished in the
manner provided for by law previous to the passage of an act es-
tablishing a penitentiary.
And thereupon the question was submitted, "Will the Senate
receive said amendment?" and determined in the negative—ayes
8, noes 11.
The ayes and noes being demanded constitutionally by Mr.
Bradford,
The affirmative voters are,
Mr. Speaker, Bradford, Field, Jetton, M'Clellan, Murray, Per-
kins, Wyly—8.
The negative voters are,
Mr. Anderson, Brabson, Burford, Davis, Frey, Gillespy, Green,
Holman, Lytle, Melv-er, Polk—11.
And so said amendment was rejected.
Mr. Bradford then offered the following amendment thereto,
(to wit:)
That the commission of any of the offences enumerated in the
55th section of the law establishing a penitentiary, shall not be
considered malicious, unless express malice is proved by the
State.
And thereupon the question was had, "Will the Senate receive
said amendment?" and determined in the negative—ayes 8, noes
11.
The ayes and noes being demanded constitutionally by Mr.
Bradford,
Those who voted in the affirmative are,
Mr. Speaker, Bradford, Field. Jetton, McClellan, Murray, Per-
kins, Wyly—8.
The negative voters are,
Mr. Anderson, Brabson, Burford, Davis, Frey, Gillespy, Greene,
Ilolman, Lytle,M'Iver, Polk—11.
And so said amendment was rejected.
Mr. Bradford then offered the following as an amendment there-
to, (to wit:)
Cc
22S
That no conviction for the offence included in the ,55th section
of the act establishing a penitentiary for biting off a finger or
thumb in personal combat shall be had, unless express malice he
proved.
And thereupon the question was had, u\Vill the Senate receive
the amendment?" and determined in the negative—ayes 8, noes
11
The ayes and noes being demanded constitutionally by Mr.
Bradford,
The affirmative voters are,
Mr Speaker, Bradford, Field) Jetton, M'Clellan, Murray, Per-
kins, Wyly—8.
The negative voters are,
Mr. Anderson, Brabson, Burford, Davis, Frey, Gillespy, Greene,
Holrnan, Lytle, Mclver, Polk—11.
And so said amendment was rejected.
Mr. Boiford then moved a concurrence with the report of the
committee.
And thereupon the question was submittdd, and determined in
the affirmative—ayes II, noes 8.
The ayes and noes being demanded,
Those who voted in the affirmative are,
Mr. Anderson, Brabson, Burford, Davis, Frey, Gillespy, Greene,
Iiolman, Lytle, Mclver, Polk—11.
The negative voters are,
Mr. Speaker, Bradford, Field, Jetton, McClellan, Murray,Per-
kins, Wyly—8.
And so said bill was rejected.
A bill to make lawful grants and entries within five miles of
the narrows of Harpelh.
A bill for the benefit of the former jailer of Marion county.
A bill for the benefit of Azer Wyley.
A bill to amend the penal laws in this State; passed in 1829
and 1830.
A bill to incorporate the town of Liberty, in Smith county.
A bill to prevent trespasses upon school lands in the county of
Warren.
A bill to amend the laws on the subject of the chancery courts
ill this Slate.
A bill to alter the line between Overton and Fentress counties,
so as to include Willis Huddlesfon in Overton county.
A bill lo amend the laws now in force, regulating the town of
JoMcshovo, in the county of Washington.
A hill to anmud an act entitled an act for the relief of occupants
sotnh and west of the congressional reservation line, passed at
Nashville, the 30th December, 1S29.
A bill to amend an act entitled an act to make entries liable to
227
execution in the Hiwassee District; passed December 12th,
1827.
A bill to authorise the erection of turnpike bridges and cause-
ways across the middle and little north forks and bottoms of Fork-
ed Deer river, in Gibson county.
A bill for the benefit cf Wm. Lamb. And
A bill to explain and amend the law concerning executions is-
sued by a Justice of the Peace on attachments, were severally
read a second time and passed.
Mr. Murray returned with an amendment,
A bill concerning free persons of color, and for other purposes.
Said bill and amendment were, on motion of Mr. Bradford,
ordered to the table.
Mr. Polk introduced
A bill to incorporate the Columbia Female Academy.
Mr. Gillespy,
A bill to encourage manufactures in this State. And
Mr. Perk ins,
A bill to establish a board of internal improvement for the
mountain District, which were severally read a first time and
passed.
Received from the House of Representatives,
A bill to appropriate a sum of money to aid free persons of col-
or to remove to Liberia in Africa. A bill to establish a company
to be called the Nashville Greys. A bill to amend the Judiciary
system of this State. A bill appropriating funds and organizing
a board to improve Cumberland river. A bill for the relief of
Robert P. Harrison, surveyor General of the second surveyor's
d"strict. A bill to authorise a division in the 1st regiment in the
county of Washington. A bill to incorporate a company to open
a turnpike road in a direction from Nashville to Harpeth river, via
Charlotte, to the Western District. A bill to render competent
freeholders arid householders, to set on the trial of slaves. A bill
for tl e relief of Wm. Thompson, and oihers. A bill for the ben-
efit of James O. K. Wood. And a bill supplemental to an act
passed at 4he present session of the General Assembly, to dispose
of the forfeited lands in the Hiwassee District; all of which were
severally read a first time and passed. .
A bill for the relief of Wilson Sanderlin and others, was read a
third time and passed.
And then the Senate adjourned.
DECEMBER 5th, 1831.
Mr. Gillespy presented the. petition of sundry citizens of the
22S
third fractional township, and 3rd range, east of the meridian Hi-
wassee district; which was referred, on motion of Mr. Gillespy,
to the committee on education.
Mr. Polk from the committee on enrollments, reported as truly
enrolled.
An act to enable the citizens of Dickson county to build a
court house in said county, and for other purposes.
An act to establish a town in the county of Greene,
An act for the benefit of the people living on Cumberland
mountain in Warren county.
An act to establish a new militia company in the county of Wil-
son, and tor other purposes.
An act to compensate Jurors, in the county of Sullivan.
An act to appropriate certain money to the improvement of the
navigation of Big Sandy River.
An act for the benefit of Jesse Savage.
A resolution appointing Justices of the Peace for the county of
Maury. And
A resolution appointing Justices of the Peace for the counties
of Carroll and Obion.
Said enrolled bills and resolutions were signed by the Speaker
of the Senate, and ordered to be transmitted to the House of Re-
presentatives.
Mr. Field submitted the following:
Resolved, by the General Assembly of the State of Tennessee,
that a joint select committee on captains' companies and Justices
of the Peace, be appointed, who shall furnish the Secretary of
State with the number of magistrates now in commission in each
county of this State; and that the Secretary distribute Haywood
and Cobb's Revisal as well as the acts of this General Assembly,
in accordance with such list of magistrates as may be reported
by said committee.
And the rule being suspended, on motion of Mr. Field said re-
solution was adoptod.
Ordered that the clerk acquaint the House of Representativea
therewith, and ask their concurrence therein.
Mr. Gillespy submitted the following:
Resolved, by the General Assembly of the State-of Tennessee,
That the cashier of the Bank of the State of Tennessee be, and
he is hereby required, to furnish the General Assembly with the
names of all such persons as have notes now in bank under dis-
count, and which have not been renewed within the last six
months.
And also the following:
Resolved, by the General Assembly of the State of Tennessee,
That certificate land warrant, No. 935, for three hundred acres
of land, be referred to the Secretary of State for adjudication;
229
and if the same shall appear to have been issued agreeably to
law, he shall issue a certificate for the quantity of land therein,
to the person entitled to the same, to be located on any, lands south
and west of the congressional reservation line, not otherwise ap-
propnated.
On motion of Mr. Murray, the Senate took up and read
A hill to amend the laws in force in this State on the subject
of turf racing.
Mr. Murray moved to amend by striking therefrom the amend-
ment made thereto by the House of Representatives, for the pur-
pose cf reinstating the original bill-
And thereupon the question was had, "Will the Senate make the
amendment?" and determined in the negative—ayes 7 noes 11.
The ayes and noes being demanded constitutionally by Mr.
Murray,
The affirmative voters are,
Mr. Speaker, Bradford, Davis, Gillespv, Jetton, Lytle, Murray,
Wyly—8.
The negative voters are,
Mr. Andrews, Anderson, Brabson, Burford, Field, Frey, Hoi-
man, M'CIellan, M'lver, Perkins, Polk—11.
And so said amendment was rejected.
Mr. Holman then moved the iudefinite postponement of said
bill, which motion prevailed.
Mr. Perkins introduced
A bill for the encouragement of domestic manufactures. And
Mr. Holman
A bill to extend the 12th judicial circuit of this State, which
were severally read a first time and passed.
Received from the House of Representatives,
A bill to amend the Judiciary system of the State of Tennessee.
Mr. Field offered an amendment thereto, in lieu of the whole,
which was received, the bill was then read as amended a first
time aud passed.
Mr. Davis returned with an amendment which wras received,
A bill for the relief of James P. Neally and James C. Nealy of
the county of Jackson, said bill was read a second time and pas-
sed.
Mr Murray introduced
A bill for the relief of the persons therein named, which was
read a first time and passed.
Mr. Anderson withdrew A bill limiting prosecutions for misde-
meanors.
The Senate took up on its 2d reading,
A bill to regulate the Academies in this State; Mr. Gillespy of-
fered the following as an amendment, to wit:
And the appointment thus made by said trustees shall be by
•2S0
said board of trustees, reported to the next session of the Gener-
al Assembly for confirmation or rejection, and if the legislature
shall fail 'o.ronfiim said appointments, or to appoint another, or
others in their stead such appointments, or appointments shall be
considered nul' ami void, and thereupon the question was submit-
ted, "Will the Senate receive said amendment?"'and determined
in the negative. Ayes 3—Noes 16.
The ayes and noes being demanded constitutionally by Mr.
Burford,
The affirmative voters are,
' Mr. Gillespy, Greene, Lytie—3.
The negative voters are,
Mr. Speaker, Anderson, Brabson, Bradford, Burford, Davis,
Field, Frev, Ilolman, Jetton, McClellan, Mclver,Murray, Perkins
Polk, Wyfy—16.
And so said amendment was rejected, said bill was then read a
second lime and passed.
Mr. Murray withdrew for amendment,
A bill to amend an act entitled an act for the benefit of com-
ffion schools, passed January 1st, 1S30.
Mr. Davis from the committee on Land claims reported, A bill
for the relief of Thomas Fite and Jeptha Billingsly, said bill was
read a first time and passed.
Mr. Brabson introduced
A bill for the repeal the 1st section of an act entitled an act to
prevent appeals in cases of roads operating as supercedas^ pas-
sed January 1330.
Which was read the first time and passed.
The Senate took up on its second reading.
A bill to amend an act entitled an act to authorize Allen Mc-
Donald to open a turnpike road; Mr. Bradford offered the follow-
iug as an amendment thereto, to wit:
Be it enacted, that the Western manufacturing company crea-
ted by an act of the present General Assembly at Shelbyville shall
have and enjoy aright at the office which they may open for the
transaction of their business and the sale of the manufactured ar-
tides; to vend such other articles not the growth or manufacture
of this State, as they may think proper; or which will add to the
general utility of said company by exchanging them for raw ma-
terials, any law usage or customs to the contrary notwithstand-
ing. And thereupon the question was had "Will the Senate re-
ceive said amendment and determined in the negative. Ayes 6—
Noes 10.
The Ayes and Noes being demanded constitutionally by Mr.
Burford,
The affirmative voters are, 1;
Mr. Speaker, Andrews, Bradford," Holman, Lytle, Murray, 6.
231
The negative voters are,
Mr. Brabson, Burford, Fie}d, Frey, Gillespy, Greene, McClel-
lan, Mclver, Polk, Wyly, 10.
And so said amendment was rejected, and thereupon the said
bill was read a second time and passed.
Mr. Brabson returned a bill to improve the navigation of Obeds
river in the counties of Overton and Fentress, and offered there-
to the following amendment,
Be it enacted, that the Treasurer of East Tennessee be, and
he is hereby authorized to pay to the commissioners of the Bean
Station turnpike road five hundred dollars, to complete said road
over Clinch mountain out of any money in the Treasury not oth-
erwise appropriated, and the receipt of said commissioners, shall
be a good voucher on the settlement of his accounts. And there-
upon the question was submitted, "Will the Senate receive said
amendment?" and determined in the negative. Ayes 5—Noes 15.
The ayes and noes being demanded constitutionally by Mr.
"VVyly,
The affirmative voters are,
Mr. Brabson, Holman, Lytle, McClellan, Perkins, 5.
The negative voters are,
Mr. Speaker, Anderson, Andrews, Bradford, Burford, Davis,
Field, Frey, Gillespy, Greene, Jetton, Mclver, Murray, Polk, Wy-
ly, 15.
And so said amendment was rejected, whereupon the said bill
was read a second time and passed.
A message from the House of Representatives by Mr. Campbell
their clerk.
MR. SPEAKER,
The House of Representatives concur in
your resolution appointing a Justice of the Peace for the.county of
Obion, and a justice of the peace for the County of Carrol!. They
concur with your resolution directory to the President and Di-
rectors of the bank of the State of Tennessee. They have accept-
ed the resignation of Valentine D. Barry, attorney general for the
15th Solicitorial district. They have adopted a resolution refer-
ring grants No. 353, 575 and 640 to the Secretary of State for ad-
judication, and a resolution appointing justices of the peace for
counties of Humphreys and Wayne, in which they ask the con-
currence of the Senate. The Speaker of the House of Represen-
tatives did this day sign an enrolled resolution appointing Justi-
ces of the Peace for the counties of Sumner, Perry, Maury and
Anderson. The House of Representatives concur with the amend-
ments proposed by the Senate to a bill to provide for the perma-
nent establishment of the seat of Justice in Overton county; and
in the amendment proposed to a bill for the benefit ofthe heirs
and creditors of James Peak, deceased, of White county. And
then he withdrew.
Whereupon the resignation of Valentine D. Barry, was read and
accepted.
The resolution referring grants No. 358, 575 and 640, to the
Secretary of State; and so much of the resolution as appoints Jus-
tices of the Peace for Wayne county, were, on motion of Mr. Da-
vis, ordered to the table.
The Speaker of the Senate signed the resolution appointing
Justices of the Peace for the counties of Sumner, Perry, Maury
and Anderson, and ordered it to be deposited in the office of the
Secretary of State.
The bill to provide for the permanent establishment of the seat
of Justice in Overton county, was then read as amended a third
and last time in both Houses, passed and ordered to be enrolled.
And the bill for the benefit of the heirs and creditors of James
Peak, deceased, of White county, was, on motion of Mr. llolman,
ordered to the table.
Received from the House of Representatives,
A bill to extend the Lynchburgh and New River Rail Road to
Knoxville. And
A bill to render the lands lying between Walker's and the true
line of North 36° 30' subject to taxation; which were severally
read a first time and passed.
A bill explanatory of an act entitled an act to help and speed
poor persons in obtaining their just rights, was, on motion of Mr.
Burford, indefinitely postponed.
A bill to exempt certain persons'frotn mustering in Rheacoun-
*y-
A bill to prevent sheriffs and other officers holding elections
from opening the tickets. And
A bill for the relief of Mary Guest, widow and relict of Joshua
Guest, deceased, late jailer of Maury county, were severally read
a second time and passed.
The Senate took up
A bill for the relief of Miller Isbel and others therein named.
Mr. Field moved to amend said bill by striking therefrom all
that part thereof which provides for the payment of attornies'
fees.
And thereupon the question was had, "Will the Senate make
the amendment?" and determined in the negative—ayes 5, noes
15.
The ayes aad noes being demanded constitutionally by Mr.
Bradford,
The affirmative voters are,
Mr. Speaker, Bradford, Davis, Field, Perkins—5.
The negative voters are,
233
Mr. Andrews, Anderson, Brabson Burford, Frey, Gillespy,
Greene, Ilohnan, Jetton, Lytie, McClellan, Mclver, Murray,
Folic, VVyly—15
And so said amendment was rejected.
"Whereupon said bill was read a second time and passed.
The Senate took up and read, on motion of Mr. Holman,
A bill for the benefit of the heirs and creditors of James Peak,
deceased, of White county.
And thereupon the question was submitted, "Shall the bill
pass?" and determined in the afiirmative—ayes 11, noes G.
The "ayes and noes being constitutionally demanded by Mr.
Gillespy, ^
The affirmative voters are,
Mr. Speaker, Andrews, Brabson, Bradford, Frey, Ilolman, Jet-
ton, Lytle, Mclver, Perkins, \Y)ly—11.
The negative voters are,
Mr. Davis, Field, Gillespy, Greene, McClellan, Murray,—G.
And so said bill passed its third and last reading, with an or-
der to he enrolled.
A bill for the relief of Wm. Kanard and others, was, on motion
of Mr. Wyly, ordered to the table.
Mr. Anderson introduced
A bill to provide for holding chancery courts at Knoxville and
At ier>s.
And thereupon the question was had, "Shall the bill pass?" and
determined in the affirmative—ayes il, noes 7.
The ayes and noes being demanded constitutionally by Mr.
Greene,
The affirmative voters are,
Mr. Speaker, Anderson, Bradford, Davis, Frey, Gillespy, Hoi-
man, Jetton, McClellan, Murray, Polk—11.
The negative voters are,
Mr. Andrews, Brabson, Greene, Lytle, Mclver, Perkins, Wy-
]y~r
And so said bill passed its first reading.
Mr. Holman introduced
A hill to explain an act on the subject of turf racing, which was
read a first time and passed.
And then the Senate adjourned.
TUESDAY MORNING, DECEMBER 6th, 1831.
Mr. Murray presented the report of the clerk of the court of
Pleas and Quarter sessions for Obion county, shewing the amount
of property listed for taxation, and the amount of taxes collected
Dd
23*
by him for the year ending the 1st of October, 1831; which was
referred, on motion of Mr. Murray, to the committee on finance.
Mr. Field presented the return of the sheriff of the county of
Giles, shelving the number of votes givea at the last general elec-
tion for Representatives and for the convention in said county;
which was referred, on motion of Mr. Field, to the appropriate
com mi' tee.
Mr. Murray from the committee on claims, to whom was refer-
red, a bill for the relief of Edmond Bean, a citizen of Rhea coun-
ty, reported that the committee have had the same under consider-
ation, think ifs provisions reasonable, and had instructed -him to
recommend its passage.
Said report was concurred in, the bill read a second time and
passed.
Mr. Murray from the same, reported
A bill for the relief of ffm. Anderson, clerk of Sullivan circuit
court; which was read a first time and passed.
Mr. Murray from the same, to whom was referred a bill for the
benefit of the Methodist Episcopal Church in Perry county, re-
polled that the committee had instructed him to ask to be dis-
ciiarged from the further consideration thereof.
On motion of Mr. Andrews, aaid bill was read a first time and
passed.
Mr. Murray from the same, to whom was referred the peti-
tion of James McMillan, asking compensation for services ren-
dered in carrying Charles McNally from'the jail of McMinn coun-
1_y to Krioxville, reported that the committee have had the same
under consideration, think its provisions unreasonable, and re-
commend its rejection.
Mr. Anderson moved a non-concurrence with said report;
which prevailed.
Mr. Murray from the same, to whom was referred the petition
of R. Delaney and W. K. Blair, reported that the committee have
had the same under consideration, think its provisions unreasona-
able, and recommend its rejection.
Mr. McClelian moved a non-concurrence with said report;
which motion was lost.
Mr. Mclver from the committee on propositions and grievan-
ces, reported
A bill for the relief of Wesley Simmons and ethers, of Clai-
borne county.
Said bill was read a first time and passed.
Mr. Frey from the committee on finance, to whom was referred
a bill to regulate the State tax on law suits, reported an amend-
inent thereto, which was received.
Said bill was read as amended a second time and passed.
Mr. Greene from the committee on internal improvement, to
235
w hom was referred the petition of sundry citizens of Carter court-
ty, asking an appropriation to enable them to make a certain robd,
reported
A bill to appropriate money and appoint commissioners to su-
perintend the opening a public road from Shawn's cross roads to
I'apersville; which was read a firstlime and passed.
A resolution submitted on yesterday by Mr. Gillespy, directory
to the cashier of the Bank of the State of Tennessee, was taken
up, read and adopted.
Ordered that the clerk acquaint the House of Representatives
therewith, and ask their concurrence therein.
Mr. Gillespy's resolution of the same day was read and ordered
to the table.
Mr. Andcison submitted the following:
Resolved by the General Assembly of the State of Tennessee,
That the President and Trustees of the Nashville University, re-
port immediately to this General Assembly, the present number
of Trustees of 6aid institution, with their names and places of
residence and date of their appointment; and also report the
nanus of those who are active in the discharge of the duties of a
Trustee, and attend the meetings of the board; and the names of
the Trustees who do not attend, if any such there be.
And the rule being suspended, said resolution was adoped.
Ordered that the clerk acquaint the House of Representatives
therewith, and ask their concurrence therein.
Mr. Bradford submitted the following:
Resolved, That the Treasurer of East Tennessee, as heretofore
required, report to this General Assembly as soon as practicable,
whether he has upon all occasions required by law, taken assign-
merits and transfer of interest of purchasers from the State, of
lands in the Iliwassee District, to whom he repaid the money
paid by them into the public treasury for lands claimed by Indian
reserves.
A bill to amend an act entitled an act to establish a board of
internal improvement, and set apart one hundred arid fifty thou-
sand dollars to be appropriated to the improvement of the naviga-
ble rivers and other objects of internal improvement in this State,
was taken up and read.
And thereupon the question was had, "Shall the bill pass?" and
determined in the negative—ayes 6, noes 14.
The ayes and noes being demanded constitutionally by Mr. Bur-
ford,
The affirmative voters are,
Mr. Andrews, Davis, Jetton, Lytle, PJcIver, Murray—6.
The negative voters are,
Mr. Speaker, Anderson, Brabson, Bradford, Burford, Field,
236
Frey, Gillespy, Greene, Holman, McClellan, Perkins, Polk, Wy-
ly—14.
And so said bill was rejected.
Mr. Polk from the committee of enrollments, reported as truly
enrolled.
An act to extant! the time allowed by law for the erection of
certain turnpikes and bridges in the Western District, and for
other purposes.
An act for the relief of Albert Thomas.
An act to authorise the construction of a bridge across Cum-
berland river at Nashville, above the mouth of Broad street.
An act to amend an act entitled an act to incorporate the Gal-
latin turnpike company.
Art act to incorporate a Female Academy at Athens.
All act to incorporate the town of Cornersville, in the county of
Giles.
An act to amend an act entitled an act to dispose of certain
lands in Hawkins county, commonly called Simms' Big Survey.
And
An act for the benefit of Wm. Moore, of Gibson county.
Said enrolled bills were signed by the Speaker of the Senate,
and ordered to be transmitted to the House of Representatives
A message from the House of Representatives by Mr. Camp-
bell their clerk.
MR. SPEAKER,
The House of Representatives concur in your resolution ap-
pointing a joint select committee on captains' companies and Jus-
tices of the Peace for special purposes; and have appointed Mr.
Stephenson, Dobbins, Gordon, James Gray, Rogers and Dew, to
be of said committee on them part. They have adopted a resolu-
tion appointing Justices of the Peace for the county of Greene; in
which they ask the concurrence of the Senate.
The Speaker of the House of Representatives did this day sign
an enrolled resolution appointing Justices of the Peace for the
county of Humphreys. And then he withdrew.
The Speaker of the Senate signed said enrolled resolution,
and ordered it to be deposited in the office of the Secretary of
State.
The Senate concurred in (he resolution from the House of Re-
presentatives appointing Justices of the Peace for the county of
Greene. The Speaker appointed Mr. Field, Bradford and Brab-
son, <o be c-f the committee on the part of the Senate, upon the
resolution appointing a joint select committee on captains' com-
parries and Justices of the Peace.
Mr. Greene introduced
A bill tor the benefit of Lucinda Allen, widow and relict of
237
Wm. Allen, deceased, or the legal representatives of said de-
cedant.
Mr. Anderson,
A bill concerning the taxation of costs in the Supreme court.
And
A hill for the relief of Collins Roberts.
Mr. Uleene,
A bill to provide for the payment of the unsatisfied claims ad-
judged valid for improvements made in the Iliwassee District.
And
Mr. Andrews,
A hill to provide for the building of a Female Academy in the
county of Henderson; which were severally read a first time and
passed.
Received from the House of Representatives,
A hill to authorise Austin Crecsham to sell a certain slave. A
bill to transfer a cause now pending in the Supreme court of this
State at Jackson in the county of Madison to the Supreme court
at Nashville. A bill for the benefit of the estate of Robert V. M'-
(iimpsey. A bill concerning the seat of justice in the county of
Wayne. A bill to extend the benefits of the 1st section of the act
of 1829, chapter 40, passed the 30th December, 1829. A bill to
repeal the act entitled an act to create a new militia company in
the county of Wilson. A bill to amend the registration laws, and
for other purposes. A bill to regulate the fees of the clerks and
masters in equity in this State. A bill for the benefit of the heirs
of William Sliinnault, dee'd. A bill directory to the Treasurer of
the Western district. A bill for the benefit of Robert M. Waller,
of Bedford county. A bill to regulate ware houses. A bill to al-
ter the time of holding the county courts in the county of Wash-
irigton. A bill to incorporate the Memphis rail road company. A
bill to reduce the lees of clerks for recording an account current
rendered by a guv-rdian. A bill to regulate the fees of the clerks
of the different courts in this State. A bill to amend an act en-
titled an act to amend to laws now in force prescribing the mode
of making partition of lands, passed October 26th, 1799. A bill
change the time of holding the Supreme court at Jackson. A bill
to provide the means by which the existence and locality of Ma-
thews'line, is to be established. A bill to authorize John Martin
and John B Perkins to build a bridge across the Caney Fork. A
bill lor the benefit of the heirs of John Tipton, late of the house
of representatives. A h'dl to amend the 1st sechon of an act en-
itled an act ro compel the ewers of mill darns on Little Pigeon
river in Sevier county to put si .pes therein. A bill to alter the
time of holding the circuit courts in the eleventh judicial circuit.
A bill for the relief of Samuel Hunt late sheriff of Washington
county, and James P. M'Carty of Hawkins county. A bill for the
238
benefit of Richard Rushing and Anderson Smith. And a bill to a-
mend the laws of this State in relation to the government of slaves
and free persons of color.
All of which were severally read a first time and passed.
A bill to authorize the administrator of Samuel Hannah to con-
vey a certain tract of land to the person therein named, was read
a third time and passed.
Mr. Brabson returned without amendment,
A bill relative to the registration of deeds, and for other purptf-
ses. Mr. Field offered the following as an amendment thereto,
to wit:
And provided also that it shall not effect subsequent purcha-
sers for a valuable consideration. And thereupon the qilstion was
had "Will the Senate receive said amendment," and determined
in the negative. Ayes 4—Noes 14.
The Ayes and Noes being demanded constitutionally by Mr.
Wyly,
The affirmative voters are,
Mr. Davis, Field, Fray, Hoi man, 4.
The negative voters are,
Mr. Speaker, Anderson, Andrews, Brabson, Burford, Gillespy,
Greene, Jetton, Lvttle, McClellan, Mclver, Perkins, Polk, Wy-
ly, 14.
And so said amendment was rejected.
Mr. Bradford moved to amend said bill by confining its provis-
ions to the counties of Washington, Greene, Cocke and Sevier,
said motion prevailed, the mnemimeut.was made, the bill read as
amended a second time and passed.
A bill for the benefit of James Childress.
A bill more speedily to procure a distribution of the public funds
in the several counties in this State, upon a basis of free white
population.
A bill to prevent fraudulent practices by the possession and re-
moval of personal property in this State.
A bill for the relief ofVredenburg Thompson of Jefferson coun-
iy'
A bill to amend an act passed 19th October, 1SI7, regulating
the town of Charlotte in the county of Dickson.
A bill to amend an act passed at the present session of the Ge-
neral Assembly, entitled an act giving further time for surveying
entries and obtaining grants thereon. And
A bill to legit imatize Armistead Parrot of Claiborne county, and
for other purposes^ were severally read a second time and pas-
sed.
A bill for the relief of Martin Mooney and William Mooney, jr.
of White county. And
239
A bill regulating the rank of staff officers, were severally read
and rejected.
Mr. Davis withdrew for si me ml met t,
V bill to enu d™ t h cru / tnfs of the Western district to secure
their ocrupnnies, and for other purposes.
Mr. Burf rd returned
\ bill to authorize tlie county courts to grant license to retail
merchandize in certain cases, and moved to strike therefrom the
amende < i t iim 1c by the Ilou-e of Representatives for the purpose
of reimtifin f e original bill—*url motion prevailed. Mr. Bur-
ford inov d I i liter to amend, by changing the title of said bill, so
as as to rra I, A bill for the be relit of persons therein named, said
motion also pr -vailed, the amendments were made-; the bill read
as amended i third time and pasud.
Mr. Field introduced
A bill direct try to the fecrotary rf Stale, which was referred
on mo ion ol Mr. Field to the committee' on land claims.
Mr. Burf. rd returned with an amendment in lieu of the whole,
A bill to release from taxation the real estate belonging to the
State Bank of Tennessee, said amendment was received, ,and
provides that the Treasurer of middle Tennessee, shall sell the
6aid real estate, upon certain specified terms, said bill was then
read as amended a second time and passed.
And then the Senate adjourned.
WEDNESDAY, DECEMBER 7th, 1831.
Mr. McClellan presented Resolutions in relation to the militia
laws of this State adopted by the olhcers of the 2d regiment of
Tennessee militia, which were referred on motion of Mr. M'Clel-
lan to the military committee.
Mr. Mclver presented the return of the clerk of the circuit court
of Tipton county, shewing the amount of revenue collected by him
for the year 1829, which was referred on motion of Mr. Mclver to
the committee on finance.
Mr. Wyly presented the petition of Alfred M. Carter, Wm. B.
Carter, George W. Carter, James P. Taylor, Benjamin Brewer &
George T. Gillespy, heirs and Jegal representatives of Laridon
Carter, dee'd, together with a number of accompanying docu-
ments, which were referred on motion of Mr. Wyly to the com-
mittee on bind claims.
Mr. Davis from the committee on claims to whom was referred
A bill to encourage the manufacture of Salt, reported that the
committee have hud the same under consideration, think its pro-
2i0
visions reasonable and recommend its passage, said report was
concurred in, the bill read a first time and passed.
Mr. Frey from the committee on finance, to whom was refer-
red, a bill to establish the rate of county tax on land in this State
and for other purposes, reported that the committee had carefully
examined the provisions of said bill, and had instructed him to re-
port an amendment thereto in lieu of the whole bill from the en-
acting clause.
Said amendment provides that each hundred acres of land shall
be taxed forty-three and two fourth cents; each town lot, fifty
cents; each white poll, twenty-five cents; each slave between the
age of twelve and fifty years, fifty cents; each stud horse or jack
kept for mares,-one fourth of the season of one mare; each four-
wheeled pleasure carriage, one dollar; each two-wheeled pleasure
carriage, fifty cents; and repeals all laws and parts of laws now in
force authorising the county courts to lay or assess a county tax;
and makes it the duty of the several clerks of the county courts in
this State, to certify to every stated session of the General Assem-
bly, the result of the settlement made by the county commission-
ers with the Trustees of their respective counties, in the same
manner they are now required to do.
Mt. Greene moved the indefinite postponement of the bill and
amendment.
And thereupon the question was had and determined in the af-
fimative—ayes 14, noes 6.
The ayes and noes being demanded constitutionally by Mr.
Frev,
The affimalive voters are,
Mr. Speaker Douglass, Anderson, Andrews, Bradford, Burford,
Field, Greene, Hohnan, Jetton, McClellan, Mclver, Perkins, Polk,
Wyly —14.
The negative voters are,
Mr. Brabson, Davis, Frey, Gillespy, Lytle, Murray—S.
And so said bill and amendment were rejected.
Mr. Andrews from the committee on internal improvement for
the Western District, to whom was referred, a bill to establish
boards of internal improvement in the sevexal counties in this
State lying west of Tennessee, and for other purposes, reported
that the committee have had the same under consideration, and
had instructed him to report several amendments thereto, and to
recommend its passage.
Said amendments were received.
Mr. Mclver o lie red as an amendment inlieu thereof,
A bill to establish a board of internal improvement in that part
of the State West of Tennessee River, denominated West Ten-
nessee and thereupon the question was submitted, and deterniin-
ed in the negative. Noes 9—Ayes 11.
241
The ayes and noes being demanded constitutionally by Mr.
Andrews,
The affirmative voters are, .
Mr. Anderson, Andrews, Brabson, Burford, Greene, McClellan,
Mclver, Polk, Wyly—0.
The negative voters are,
Mr. Speaker, Bradford, Davis, Field, Frey, Gillespy, Holman,
Jetton, Lytle, Murray, Perkins—11.
And so said amendment was rejected.
* Said bill was further amended, oa rtiotion of Mr. Field, read a
socond time and passed,
Mr. Bradford's-resolution of yesterday directory to the Treas-
urer of East Tennessee, was taken up, read and adopted.
A resolution heretofore submitted by Mr. Burford, proposing
to meet the House of Representatives in their hall on the 10th
day of the present month for the purpose of recommending to the
people the propriety of voting for or against the call of a con-
vention at the next general elections, was taken up, read, amend-
ed on motion of Mr. Burford, by inserting the 15th in lieu of the
10th, and adopted.
Ordered that the clerk acquaint the House of Representatives
therewith, and ask their concurrence therein.
Mr. Speaker Douglass presented a communication from his
Excellency,'William Carroll, in relatiorr to the public arms; which
was read, and, on motion of Mr. Burford, ordered to the table.
Mr. Greene introduced
A bill to divorce Patsey Falls, late Patsey Love, from her bus-
band.
Mr. Gillespy,
Aill to exempt non-slaveholders and non-landholders from the
payment of a free poll tax for State or county purposes.
Mr. Brabson,
A bill to authorise the circuit court of Grainger county to de-
cree a title for a certain tract of land to James Shields,, jr.
Mr. Anderson,
A bill to provide for th.e payment of the cost of a suit, the State
against (Jhailes McNally.
Mr. Wylv,
A bill to regulate the proceedings in chancery in this State.
And
Mr. Holman,
A bill to regulate the manner of partitioning the slaves belong-
ing to intestates among those entitled thereto, and for other pur-
poses; which were severally read a first time and passed.
A message from the House of Representatives by Mr. Campbell
their clerk.
Be
242
MR. SPEAKER
The House of Representatives have adopted a
resolution proposing to adjourn the present General Assembly
without day, on the 19tb inst. and prohibiting the introduction of
bills into either House after the 10th inst. in which they aslc the
concurrence of the Senate. The Speaker "of the House of Re-
presentatives did this day sign an enrolled bill entitled an act to
authorise the administrator of the estate of Samuel Hannah to
convey a certain tract of land to the person therein named. And
then he withdrew.
Whereupon the Speaker of the Senate signed said enrolled bill,
and ordered it to be deposited in the office of the Secretary of
State.
The resolution proposing to adjourn the two Houses of the Le-
gislature, was taken up, read and concurred in.
Ordered that the clerk acquaint the House of Representatives
therewith.
Mr. Frey submitted the following:
. Resolved, That a joint select committee be appointed to make
an estimate of the expenses of this General Assembly to include
Monday the 19th inst. and no longer.
Mr. McClellan, the following:
Resolved, That the Judiciary committee be instructed to en-
quire into the expediency of passing a law prohibiting the intro-
duction of any slave or slaves in this State for sale after the 1st
day of January next; and that they report by bill or otherwise.
Mr. Murray, the following:
Resolved, That the Senate meet at seven o'clock, P. M. for the
purpose of having night sessions during the remainder of the
session.
Mr. Murray also submitted the following:
Resolved, That all bills shall be taken up and acted upon in the
order in which they lie on the Speaker's table, or at the election
of the Speaker, so that one shall not have the preference of ano-
ther.
Mr. Anderson introduced
A bill to incorporate the Knoxville and Southern Rail Road
Company; which was read a first time and passed.
A bill to equalize the tax on wholesale and retail merchants,
jewellers, grocers and auctioneers, was taken up, oil motion of
Mr. Bhrford, and read.
Mr. Burford offered the following amendment thereto, (to
wit:)
Beit enacted, That the manufacturing companiesdncorporated
at this session of the General Assembly, or which may hereafter
be incorporated, shall, at the different offices they may open to
transact their business, have a right which is hereby vested in
243
them, wher\ selling or exchanging their own articles for ravV ma-
terials, to vend such other articles as they may think proper, not
exceeding ten thousand dollars per annum, any law usage or cus-4
torn to the contrary notwithstanding.
And thereupon the question was had, "Will the Senate re-
ceive said amendment?" and determined in the negative—ayes
8, noes 12.
The ajes and noes being demanded constitutionally by Mr.
Meridian,
The affirmative voters are,
Mr. Speaker, Bradford, Burford, Davis, Field, Holman, Lytle,
Perkins—8.
The negative voters are,
Mr. Anderson, Andrews, Brabson, Frey, Gillespy, Greene, Jet-
ton, M'Clellan, Mclver, Murray, Polk, Wyly—12.
And so said amendment was rejected.
Whereupon the said bill was put upon its passage,
And the question thereupon being submitted, "Shall the bill
pass?" it was determined in the affirmative—ayes 12, noes 8.
The ayes and noes being demanded constitutionally by Mr.
Field,
The affirmative voters are,
Mr. Anderson, Andrews, Brabson, Burford, Gillespy, Greene,
Holman, McClellan, M'lver, Murray,Perkins, Wyly—12.
The negative voters are,
Mr. Speaker, Bradford, Davis, Field, Frey, Jetton, Lytle,
Polk—8. _
And said bill passed its third reading.
Mr. Burford submitted the following:
Resolved, That the engrossing clerk of the Senate be authorised
to employ an assistant, provided he shall hot be paid more than
three dollars per day by the State.
And the rule being suspended, on motion of Mr. Burford, said
resolution was adopted.
On motion of Mr. Wyly,
The Senate took up the resolution heretofore submitted by him
in relation to the United States Bank.
Mr. Wyly moved that it be made the order of the day for to-
morrow.
Mr. Holman moved that the consideration of said resolution be
postponed, and set for Monday night next; which latter motion hav-
ing precedence, prevailed; and being so announced by the Speak-
er, Mr. Brabson moved a reconsideration,
Whereupon the question was submitted, "Will the Senate re-
consider?" and determined in the negative—ayes 9, noes 11.
The ayes and noes being demanded constitutionally by Mr. Brad-
ford,
244
The affirmative voters are,
Mr. Anderson, Brabson, Gillespy, Greene, Jetton, Lytle, Mc-
Clellan, Polk, Wyly—9.
The negative voters are,
Mr. Speaker, Andrews, Bradford, Burford, Davis, Field, Frey,
Holman, Melver, Murray, Perkins—11.
And so said motion to reconsider was overruled.
A bill to repeal part of the 4th section of an act entitled an act
to establish the sixth Judicial circuit, and for other purposes, was
taken up and read.
Mr. Wyly moved to amend the caption of said bill so as to read
'A bill to repeal all laws giving attornies general in this State
compensation out of the State Treasury for their services;' which
motion prevailed.
Said bill was further amended by Mr. Wyly,
And thereupon the question was submitted, "Shall the bill
pass?" and determined in the negative—ayes 7, noes 12.
The ayes and noes being demanded constitutionally by Mr.
Wyly,
The affirmative voters are,
Mr. Greene, Holman, Jetton, Lytle, McClellan, Perkins, Wy-
ly—7.
The negative voters are,
Mr. Speaker, Anderson, Andrews, Brabson, Burford, Davis,
Field, Frey, Gillespy, Mclver, Murray, Polk—12.
And so said bill was rejected.
A bill to amend the militia laws of this State. And
A bill limiting prosecutions for misdemeanors, were severally
read a second time and passed.
A bill concerning free person of color, and for other purposes,
was takon up and read.
Mr. Brabson moved to amend said bill by striking therefrom the
4th section thereof.
And thereupon the question was submitted, "Will the Senate
make the amendment?" and determined in the negative—ayes 8,
noes 12.
The ayes and noes being demanded constitutionally by Mr.
Field,
Thhe affirmative'voters are,
Mr. Speaker, Anderson, Brabson, Davis, Gillespy,Mclver, Per-
kins, Wyly—8.
The negative voters are,
Mr. Andrews, Bradford, Burford, Field, Frey, Greene, Holman,
Jetton, Lytle, M'Clellan, Murray, Polk—12.
And so said motion was overruled.
Mr. Murray then moved to strike from said bill the first section
thereof,
245
And thereupon the question was had, and determined in the neg.
ative—ayes 9, noes 11.
The ayes and noes being demanded constitutionally by Mr.
Murray,
The affirmative voters are,
Mr. Speaker, Anderson, Brabson, Davis, Gillespy, Iiolman, Mc-
Iver, Murray, Wyly—9.
The negative voters are,
Mr. Andrews, Bradford, Burford, Field, Frey, Greene, Jetton,
Lytle, McClellan, Perkins, Polk—11.
And so said motion was lost.
Said bill was then put upon its passage,
And the question thereupon beingMiad, "Shall tthe bill pas?" it
was determined in the affirmative—ayes 12, noes 8.
The ayes and noes being demanded constitutionally by Mr.
Field,
The affirmative voters are,
Mr. Speaker, Andrews, Bradford, Burford, Field, Frey,Greene,
Jetton, Lytle, McClellan, Perkins, Polk, 12.
The negative voters are,
Mr. Anderson, Brabson, Davis, Gillespy, Holraan, Mclver, Mur-
ray, Wyly, 8.
And so said bill passed its second reading.
A message from the House of ^Representatives by Mr. Campbell
their clerk.
MR. SPEAKER,
The Speaker of the Senate did this day sign an enrolled
Resolution appointing justices of the peace for the county of
Greene. And then he withdrew.
Whereupon the Speaker of the Senate signed said enrolled re-
solution, and ordered it to be deposited in the office of the Secre-
tary of State.
And then the Senate adjourned.
THURSDAY MORNING, DECEMBER 8th, 1831.
Mr. Polk from the committee on enrollments, reported as tru-
ly enrolled,
An act to provide for the permanent establishment of the seat
of Justice in Overton county. An act appointing the time of hold-
ing regimental musters in the 99th regiment of Tennessee militia.
An act for the benefit of the heirs and creditors of James Peake,dec.
ol White county. An act for the benefit of Richard C. Napier.
An act to repeal an act passed October 8th, 1825, entitled an act
for the relief of Jotham Brown. An act for the relief of William
2iG
Pope. An act for the benefit of the quorum court of Williamson
county. An act to appoint a commisioner on Hales' turnpike
road. An act to amend an act passed in the year 1829, chapter
52. An act to authorize Timothy Dotson to build a bridge. An
act for the relief of creditors of Anthony Gilliam, deceased. An
act t6 authorize Cain Broyles of the county of Greene to open a
turnpike road across Paint mountain. An act to extend the pro-
visions of an act concerning the Register of the Hiwassee district.
And a resolution appoining justices of the peace for the county of
Wayne, all of which were signed by the Speaker and ordered to
be transmitted to the house of representatives.
Mr. Mclver from the committee on proposition^ and grievances
to whom was referred, A bilfrto amend the several laws mcorpo-
rating the town of Nashville, reported that the committee have
had the same under consideration, and had instructed him te re-
port its provisions reasonable and to recommend its passage.
Said bill was on motion of Mr, Lyile ordered to lie on the table.
Mr. Mclver from the same to whom was referred sundry peti-
tions reported that the committee have had the same ander consid-
eration, consider them reasonable and had instructed him to re-
port a bill for their relief, entitled a bill for the benefit of Anthony
Walker, and others therein named, said bill was read a first
time and passed.
Mr. Mclver from the same to whom was referred sundry other
petitions reported that the committee have had the same under
consideration, think the prayer of the petitioners unreasonable
and ought not to be granted, said report was concurred in.
A resolution submitted on yesterday by Mr. Murray, proposing
to hold night sessions, was amended on motion of Mr. Burford by
striking out "7 o'clock," and inserting in lieu "half after six,"
said resolution was read and adopted.
A resolution submitted by Mr. Murray providing the mariner in
which bills shall be taken up and acted upon. And
A resolution submitted by Mr. McCllellan directory to the Ju-
diciary committee, were severally read and adopted.
A resolution submitted on yesterday by Mr. Frey appointing a
joint select committee to make an estimate of the expenses of this
General Assembly, was taken up read and adopted. The Spea-
ker appointed Mr. Frey, Burford, and Murray to be of said com-
mittee on the part of the Senate.
Ordered, That the clerk acquaint the House of Representatives
therewith, and ask their concurrence therein.
Mr. Davis returned a bill to enable the occupants of the Wes-
tern District to secure their occupancies, and proposed amend-
ing the same by reinstating that part of the bill stricken out by the
House of Representatives, and thereupon the question was had
2i7
"Will the Senate make the amendment," it was determined in
the aflinnative—Ayes 17—Noes 3.
The Ayes and noes being demanded constitutionally by Mr. Da-
vis.
The affirmative voters are,
Air. Sj i .iker, Anderson, Andrews, Brabson, Burford, Davis,
TVId, (iillesjtj, Greene, Hulman, Jetton, Lytle, Mclver, Murray,
Peikms, Polk, Wjlj—17.
The net^ative voters are,
Mr. Bradford, Frey, M'CIellan—3.
And so said motion prevailed.
Said bill was further amended on motion of Mr. Field and Mr.'
Gillespy arid being on its last reading iu both houses, it was or-
den d that the cleik acquaint the House of Representatives there-
w ilh ar d ask their concurrence therein.
Air. MoChllun from the committee on divorces, to whom was
referr ed sundry petitions, reported that the committee have had
the same under consideration, and had instructed him to report a
bill to divorce Sarah Griffin from her husband Jesse W. Griffin
and others therein named, and to recommend its passage. Where-
upon said bill was read a first time and passed.
A message from the House of Representatives by Mr. Campbell
their clerk.
MR. SPEAKER,
The Speaker of House of Representatives did
this day sign enrolled bills and resolutions of the following titles,
to wit:
A resolution appointing Justices of the peace for the counties
of Shelby, Franklin and Sumner. An act for the relief of Wilson
Sanderlin and others. And an act for the benefit of the purcha-
sers of lots in the town of Somerville.
The House of Representatives have adopted a resolution that
the Senate meet them in their hall on Wednesday next, at 11 o'-
clock, A rn. forthe purpose of electing a chancellor for the Wes-
tern division of this State, a Solicitor general for the lbtii district,
surveyors for the counties of Cocke, Humphreys, Sumner and
Marion;—commissioners forthe board of internal improvement
for East Tennessee;—a treasurer for Middle Tennessee—and en-
try-takers for the counties of Bedford, Humphreys, Lincoln
and Claiborne. They have taken up, on a third and last reading
in both Blouses, a bill to change the time of holding the county
courts of Henderson county, and propose an amendment thereto,
in which they ask the concurrence of the Senate. And then he
withdrew.
Whereupon the Speaker signed said resolution and enrolled
bills, and ordered them to be deposited in the office of the Secre-,
tary of State.
2*8
The Se nate non-concurred with the amendment proposed by
the House of Representatives, to a bill to change the time of hold-
ing the county courts of Henderson county.
On motion of Mr. Frey,
The Senate non-concurred with so much of the resolution men-
tioned ia the foregoing message, as proposes to go into the elec-
tion of a Treasurer for Middle Tennessee; and concurred with
the remainder of said resolution.
Ordered that the clerk acquaint the' House of Representatives
therewith.
A bill for the relief of tho counties of Morgan, Anderson and
others, was taken up and read.
Mr. Murray moved to amend said bill by inserting a provision
for the relief of the citizens of Dyer, Obion, Carroll and Gibson.
Mr. Davis moved to amend further by inserting a provision for
the relief of the citizens of Wayne county; both of which amend-
ments were received.
Said bill was then put upon its passage, .
And thereupon the question was had, "Shall the bill pass?" it
was determined in the affirmative—ayes 12, noes S.
The ayes and noes being demanded constitutionally by Mr. Brab-
son,
The affirmative voters are,
Mr. Anderson, Bradford, Davis, Frey, Greene, Holman, Jetton,
Lytle, McClellan, Mclver, Murray, Wyly—12.
The negative voters are,
Mr. Speaker, Andrews, Brabson, Burford,'Field, Gillespy, Per-
kins, Polk-—8.
And so said bill passed its second reading.
A message from the House of Representatives by Mr. Campbell
their clerk.
MR. SPEAKER,
The House of Representatives concur in your resolution direc-
tory to the President and Trustees of the Nashville University—
and in your resolution in relation to a convention. The House
of Representatives have adopted a resolution appointing a notary
public for Davidson county—and a resolution for the benefit of
Mark Christian; in which they ask the concurrence of the Senate.
And then he withdrew.
Ordered that the Senate concur with the resolution appointing
a notary public for Davidson county,'—and non-concur with the
resolution for the benefit of Mark Christian.
Ordered that the clerk acquaint the ^louse of Representatives
therewith.
Mr. Greene submitted the following,
Resolved, That the Committee on Banks be instructed to inquire
into the expediency of distributing the stock belonging to the
2i9
State in the old Knoxville Bank to the several counties of the
State, on the basis of free white population in each, on the same
principle cf other school funds in this Slate,. and that said com-
m'tlee report by bill or otherwise, without delay, and the rule be-
ins suspended, on motion of Mr. Greene said resolution was a-
d ij ♦ 1
A bill to establish an independent volunteer company in Knox-
ville. A bill to extend the limits of the corporation ot the town
ol Knoxville. A bill for the benefit of Charles Metcalf.. A bill
for the benefit of John McCrosky, former Sheriff of Monroe coun-
tv. A bill to incorporate the Columbia Female Academy. A
bill for the relief of those who p»&y have balances of land war-
runts unappropriated in the *>tfices of the several surveyor's dis'
tricts south and west of the congressional reservation line. A
bill to authorise Wm. Simpson to open and establish a toll bridge
an 1 turnpike road across Hatche'e river. A bill for the benefit
ofUnioe Ci^mmings. A bill for the benefit of John Vincent. A
bill to authorise the register to issue a certain grant. A bill to
repeal all laws heretofore passed incorporating the town of A-
theris, in the county of McMinn, and for other purposes.- A
bill to authorise Thomas Tipton and Zechariah Clarke, of Blount
county, to open a turnpike road. A bill to change the time of
holding muster in the 116th regiment bf Tennessee militia. A
bill to incorporate the city hotel. A bill to authorise the sheriff
of Jackson county to appoint three deputies. And A bill for tbe
relief of sheriffs and others who have heretofore conveyed con-
viots to the penitentiary, were severally read a second time and
passed. . •
A bill for the benefit of Thomas Blake, of Roane bounty, wai
taken up and read,
And thereupon the question was had, "Shall the bill pass?" and
determined in the negative—ayes S, noes 12.
The ayes and noes being demanded constitutionally by Mr.
Bradford,
The affirmative voters are,
Mr. Andrews, Brabson, Qillespy, Greene, Holman, Jetton, Ly-
tie, McClellan—8.
The negative voters are,
Mr. Speaker, Anderson, Bradford, Burford, Davis, Field, Frey,
Mclver, Murray, Perkins, Polk, Wyly—12.
And so said bill was rejected.
Mr. Wyly introduced
A bill to amend the common school laws of this State.
Mr. Holman,
A bill to revive suits which have abated by the-death of the
parties.
Ff
250
Mr, Bradford,
A bill making the bridge at Shelbyville free, and for other pur-
poses.
Mr. Gillespy,
A bill to amend the certiorari laws. And
A bill to compel the commissioners of the county seat of Mon-
roe county to make settlement; all of which were severally read
a first time and passed.
A bill to do away jury trials in the county courts, was taken
up on its second reading.
Mr. Murray moved its indefinite postponement,
And thereupon the question was submitted, "Will the Senate
postpone the said bill indefinitely?"' and determined in the affir-
mative—ayes 13, noes 7.
The ayes and noes being constitutionally demanded by Mr.
Bradford,
The afllmative voters are,
Mr. Andrews, Brabson Burford, Field, Frey, Greene, Jetton,
Lytle, McClellan, Mclver, Murray, Folk, Wyly—13.
The negative voters are,
Mr. Speaker, Anderson, Bradford, Davis, Gillespy, Holman,
Perkins—7.
And so said bill was indefinitely postponed.
A bill to provide for the payment of the unsatisfied claims ad-
judged valid for improvements made in the Hiwassee district,
was, on motion of Mr. Anderson, ordered to the table.
Mr. Wyly introduced
A bill to amend an act entitled an act for the relief of execu-
tors and administrators, which was read a first time and passed.
A bill to regulate the discount on negotiable paper, was read
and rejected.
A bill to appoint solicitors general for the different counties in
this State, was taken up upon its second reading.
Mr. Field moved its indefinite postponement,
And thereupon the question was submitted, "Will the Senate
postpone said bill indefinitely?" and determined in the affirma-
tive—ayes 12, noes 8.
The ayes and noes being demanded constitutionally by Mr.
Bradford,
The affirmative voters are,
Mr. Speaker, Anderson, Andrews, Brabson, Davis, Field, Frey,
Gillespy, Mclver, Murray, Polk, Wyly—12.
The negative voters are,
Mr. Bradford, Burford, Greene, Holman, Jetton, Lytle, Mc-
Clellan, Perkins—8.
And so said bill was rejected.
Mr. Gillespy submitted the following:
:Z&1
-Revofi'eH!, That the clerk of the Senate be, and ke is hereby &u-
thorised, to employ a clerk to assist him in the discharge of the
duties of his ollice.
And the rule hi ing suspended, on motion of Mr. Gillespy, said
resolution was adopted.
A bill requiringthe entry taker of Bedford county to record cer-
tain entries. A bill for the benefit of Joseph" Daney, of Hick-
man county. A bill to release Hale's turnpike road from the
payment of a State tax. A bill to amend an act entitled an act
to authorise Allen McDonald to open a turnpike road. A bill to
exempt certain persons from mustering in Rhea county.' A bilk
for the benefit of Field Farrow, clerk of Dickson county court.
A bill for the relief of Cullen and Wyly Bayles, and for other
purposes. A bill for the relief of those persons who are about
to be injured by the loss of papers, records, &c. by the hurricane
at Charlotte, in 1S30. A bill to incorporate the Clarksville and
Rus-^ellville rail road company. A bill for the^relief of Edmond.
Bean, a citizen of Rhea county. A bill for the benefit of Joseph
II icks, Jailer of Hawkins county. A bill authorising courts to
sell real estate in certain cases. A bill to change the time of
holding regimental drill musters. And
A bill to repeal an act entitled an act to amend and explain an
act entitled an act" to regulate proceedings on executions, and for
other purposes; passed November 27th, 1829, were severally read
a third and last time in both Houses, passed and ordered to be en-
rolled.
On motion of Mr. Gillespy, it was ordered that the resolution
adopted on yesterday, requiring the engrossing clerk to employ
an assistant, be rescinded.
A bill to provide for the divorce of Maria Harp from her bus-
band Nathaniel Harp, was taken up and read.
Mr. Lytle offered an amendment thereto extending the same pro-
visions to Julia Jones.
Said amendment was received, the bill read as amended a third
time and passed.
A bill to improve the navigation of Obeds river in Overton and
Fentress counties, was, on motion of Mr. Perkins, ordered to the
table. A bill for the benefit of Overton county. A bill to pro-
vide for the appointment of a county surveyor for the county of
Monroe. And A.bill for the relief of the Covington Sentinels,
were severally read a third time and passed.
A bill for the relief of Joseph Herd, of White county, was, on
motion of Mr. Holman, referred to thecommittee on claims.
On motion of Mr. Greene, it was ordered that the committee
on the Judiciary be discharged from the further consideration of
A bill to extend the corporation of Kingston.
Received from the House of Representatives,
A bill for the benefit of Gabriel Foulks. A bill for the relief
of the 77th regiment of Tennessee militia. And a bill to explain
the first section oi the 35th chapter of lite -acts of 1827, allowing
commissions to constables. Which were severally read a first
time and possed.
Mr. Folk movt d the Senate to adjourn until 9 o'clock tomorrow
morning.
Mr. McClellan called for the ayes and noes,
And thereupon the question was had, "Will the Senate ad-
journ?" and determined in the affirmative—ayes 11, noes 9.
The affirmative voters are,
Mr. Anderson, Brabson, Bradford, Davis, Frey, Gillespy,
Greene, Hoi man, Mclver, Perkins, Polk—U.
The negative voters are,
Mr. Speaker, Andrews, Burford, Field, Jetton, Lytle, McClel-
lan, Murray, WTyly—9.
Whereupon the Senate adjourned until tomorrow morning 9 o'-
clock.
FRIDAY MORNING, DECEMBER 9th, 1831.
Mr. Murrrav, from the committee on claims, reported a bill for
the benefit of Leonard Curdin, of Monroe county; which was read
a first time and passed.
Mr. Murray, from the same, to whom were referred the memo-
rial of Joshua Jobe and others, and the petition of Samuel Wear,
reported that the committee have had the same under considera-
tion, and have instructed him to ask that the committee be dis-
charged from the further consideration thereof; which was agreed
to, and, on motion of Mr. Gillespy, said memorial and petition were
ordered to lie on the. table.
Mr. Jetton from the committee on Education, reported a bill
to revise arid amend an act entitled an act to establish a system
of common schools and to appropriate the school funds, which
was read a first time and passed.
Mr. Gillespy from the commiitee on the Judiciary, reported a
bill fo.r the benefit of defendants in certain cases, and that the
committee recommend the passage thereof, on which- Mr. Gil-
lespy moved a nonconcurrence with said report which was agreed
to; Ayes 11—Noes 9. ,
And the ayes and noes on said question being constitutionally
demanded by Mr. Gillespy,
Those who voted in the affirmative are,
Mr. Andrews, Brabson, Bradford, Davis, Frey,rGillespy, Greene
Ilolinan, Lytle, Mclver, and Wyly—11.
253
The negative vDters are,
Mr. Speaker, Anderson, Burford, Field, .Jetton, McClellan,
Murray, Perkins, and' Polk-—9.
So paid bill was rejected.
Mr. Gillespy from the name, reported a bill to extend the cor-
poralion laws of the tov\n of Kingston, that eaid committee have
instructed hitn to report that they recommend that they first sec-
lion he stricken fiom s.vid hill andtiatthe two last sections are
reasonable and in their opinion ought to be passed.
Mr. Field moved a noneoncurrehce with said report as to the
seebnd section of said bill, which was refused—Ayes 4—Noes
13.
The ajes and noes on said motion being constitutionally deman-
ded hy Mr. Greene.
Those who voted in the affirmative are,
Mr. Anderson, Davis, Field, Murray—4.
The negative voters are,
Mr. Andrews, Brabson, Burford, Frey, Gillespy, Greene, Hoi-
man, Jetton, Lytle, McClellan, Alclver, Perkins, VVyly-—13.
So said report was concurred in, and the bill was read a second
time and passed.
Mr. Gillespy from the same, repoi ted favorably on a bill to au-
thorize the clerks of the county Courts in this State to enter up
judgments on forfeited delivery bonds in certain cases, which
was read a first time and passed.
Mr. Gi'lespy from the same, reported favorably on a bill to a-
mend the law now in force regulating appeals in Equity, which
was read a second time and passed.
Mr. Gillespy from the same, reported unfavorably on a bill to
explaiu and amend the lawrs heretofore passed in relation to she-
riffs and constables, and for other purposes.
A bill to amend and explain an act entitled an act more effec-
tually to prohibit county officers from speculating in county
claims.
And on a bill to amend the laws on the subject of delivery bonds,
which were severally read and rejected.
Mr. Gillespy from the same, reported unfavorably on sundry
memorials, praying that compensation be granted to justices of
the peace.
A petition from citizens of Maury county, for a division of the
offices of sheriffs and tax collectors; and
A petition of 223 citizens of Wayne county, praying that the
county courts may be abolished, which was concurred in.
Mr. Gillespy from the same, reported favorably on a bill to a-
mend an acf entitled an bet for the relief of executors or adminis-
trators passed Dec. 31st, 1829, and recommend its passage; said
bill was read a second time and passed.
25i
Mr. Gillespy from the same^ also reported that a resolution di-
rectory to said committee instructing it to'enquire what amend-
ments or alterations were necessary or expedient in the laws con-
cerning attachments and roads, and that they be requested to re-
port by bill or otherwise, came to hand too late to act on.
Mr. Murray introduced
A bill prescribing the duties of.sheriffs in cetain cases and for
other put poses.
Mr. Anderson
' A bill prescribing the duties Of circuit judges in certain cases,
And
A bill authorizing.sheriffs and other collecting officers of this
State to make sets off in certain cases.
Mr. Andrews,
A bill to repeal part of an act, passed 7th January, 1830, chap-
ter 76.
And Mr. Greene
A bill fcr the benefit of William II. West, Isaac Johnson and
Howell White, and for other purposes, which were.severally read
a first time and passed.
Mr. Davis submitted the following,
llesolved, That the Secretary of State shall make out and report
to the Senate, the captions of all public acts, and a brief abstract
of the provisions of each public act following the caption; and the
caption of each private act and resolution, without an abstract,
and that the said acts and resolutions are filed in his office, as
acts and resolutions of the present legislature signed by the res-
pective speakers; and that two thousand copies of said report be
printed for the use of the Senate, and the rule re-quiring resolu-
tions to lay one day on the table being suspended on motion of
Mr. Davis, said resolution was adopted.
Ordered, that the clerk furnish the Secretary of Slate with a
copy thereof.
A bill to provide for the payment of the expenses incurred in
the. trial of Judge Haskell was taken up on its second reading.
Mr. Greene moved to fill the blank in said bill with four
dollars as the per diem allowance to the sergeant at arms, which
was agreed to. Mr. Greene then offered an amendment allowing
said sergeant four cents per mile for travel which was agreed to,
ayes 10—noes 8.
And the ayes and noes on said question being constitutionally
demanded by Mr. Bradford.
Those who voted in the affirmative are,
Mr. Speaker, Andrews, Anderson, Brabson, Greene, Holinan,
Jetton, Mclver, Murray and Perkins—10.
The negative voters are,
255
Mr. Bradford, Burford, Davis, Field, Frey, McClellan, Polk and
W yly—8.
So the blank was filed with four dollars.
Mr. Me lver inn' nl the following as an amendment:
Ee it enacie J that the Treasurer of West Tennessee, pay to the
witnesses summoned in the trial of Judge Haskell, (and who were
summoned by sail liable 11) two dollars per day for each day they
were in attend nice; and four cents per mile for each mile they
travelled in going to, and returning from, said trial; upon their
producing aeertiticafe of the clerk of the court of impeachment,
which shall he a good voucher for him in the settlement of his
accounts; which was rejected—ayes 4, noes 10.
And the Ayes and Noes on said question being constitutionally
demanded by Mr. Bradford,
Those who vot'd in the affirmative are,
Mr. And reus, Jetton, Mclver and Murray—4.
The negative voters are,
Air, Speaker, Anderson, Brabson, Bradford, Burford, Davis,
Field, Frey, (Jillespy, Greene, Flolman, Lytle, McClellan, Per-
kins, Polk anii Wyly"—10.
So said amendment was rejected.
Mr. Murray offered an amendment providing for the payment of
ten dollars to Robert E. C. Dougherty for services as deputy ser-
geant at arms; to which Mr. Gillespy offered an amendment pro-
viding for the payment of the witnesses on the part of the de-
fendunt, one dollar and fifty cents per day for attendance, which
was rejected—ayes 4, noes 15.
And the ayes and noes on said question being constitutionally
demanded by Jlr. Burford,
Those who voted in the affirmative are,
Mr. Andrews, Gillespy, Jetton and Mclver—4.
The negative voters are,
Mf. Speaker, Brabson, Bradford, Burford, Davis, Field, Frey,
Greene, Holman, Lytle, McClellan, Murray, Perkins, Polk and
Wyly 15.
So the amendment to the amendment was rejected, and the
amendment moved by Mr. Murray was received.
The bill was then read a second time and passed.
Mr. Polk from the committee on enrollments reported as truly
enrolled.
An act to repeal an act to explain and amend an act entitled an
act to regulate certain proceedings on executions, and for other
purposes, parsed November 27th, 1829; which was signed by the
Speaker, and ordered to be transmitted to the House of Represen-
tatives.
Mr. Wyly moved to suspend the ISth rule for the government of
the Senate, which provides, that a motion for the reconsideration
256
of any question shall be mads within the same day on which said
question was determined; which motion was agreed to, and the
rule suspended.
Mr. Wyly moved to reconsider a bill for the benefit of Thomas
Blake of Roane eounR,. which was rejected on yesterday; which
motion was lost—\yes S—:Noes iO.
And the ayes and noes on said motion being constitutionally
demanded by Mr. Bradford.
The affirmative voters are,
Mr/Andrews, Brabson, Giilespy, Greene, Holman, Jetton, Ly-
tie, Mclver and Wyly—9.
The negative voters,
Mr. Speaker, Anderson, Bradford, Burford, Davis, Field, Frey,
McClellan, Murray and Perkins, 10..
So the Senate refused to reconsider said bill.
A message from the j^ouse of Representatives by Mr. Camp-
bell their clerk.
MR. SPEAKER,
The" House of Representatives have adopted a resolution ap-
pointing Justices of the Peace for the counties of Cocke, Sevier,
Giles, Marion and Stewart, in which they ask your concur-
rence.
They concur in your resolution appointing Justices of the Peace
for Washington, county, with the exception of Samuel Bogart,
and non-concur as to him.
They also concur in your resolution for the appointment of a
joint select committee to make an estimate of the expenses of this
General Assembly; and have appointed Mr. Cheatham and Mr.
Stephenson, of said committee on the part of the House of Repre-
sentatives.
The Speaker of the House of Representatives did this day sign
an enrolled resolution appointing Henry Magan a notary public
for the county of Davidson. And then he withdrew.
The Senate concurrred in the resolution appointing Justices of
the Peace for the counties of Cocke, Sevier, Giles, Marion and
Stewart—and in striking out Samuel Bogart from the resolution
appointing Justices of the Peace for Washington county.
The Speaker signed the enrolled resolution appointing Henry
Hagan a notary public for Davidson county, and ordered it to be
deposited in the office of the Secretary of State.
Mr. Gillespy introduced
A bill to compensate Charles F. Keith, a commissioner to ad-
judicate claims to land in the Hivvassee District; which was read
a first time and passed.
Mr. Davis introduced
A bill to repeal part of the 55th section of an act to reform
and amend the penal laws of the State of Tennessee; passed 9th
2 a 7
December, 1S30; which was read a' first lime and passed—ayes
10, noes 8.
And the ayes and noes on the passage of said bill being con-
Slit j ion 11 y demanded by Mr. Davis,
Tim- a li nnati/e voters are,
Mr. I) radlord, Davis, Field, Frey, Gillespy, Jetton, McClellan,
r< rhir s, Folk and Wyly—10.
Tt osc wIil) v >ted in the negative are,
Mr. Anderson, Andrews, Brabson, Burford, Greene, Holrnan,
Lytleand Mrlver 8.
So said bill passed a first reading.
A bill to amend the several laws incorporating the town of
Nashville; and a bill to establish a board of internal improve-
merit for the mountain District; were severally read a second
time and passed.
Mr. Gillesp) withdrew for amendment,
A bill supplemental to an act entitled an act providing for the
leasing of lands whicli have been set apart for the use of com-
inon schools, and for the keeping of common English schools on
the same in Middle Tennessee; passed 20th October, 1831.
The Seriate concurred with a resolution from the House of
Representatives appointing Justices of the Peace for Grainger
county, with the exception of John Dennis, on motion of Mr.
Brabson.
Mr. Field returned with an amendment,
A bill to abolish imprisonment for debt, except in cases of
fraud.
Mr. Brabson moved to strike out the preamble from said bill;
which motion was lost.
Mr. Davis offered an amendment in lieu of the whole bill, that
from and after the passage of this act, no person shall be impris-
oned for debt upon original or final process; which was rejected,
ayes 5, noes 15.
And the ayes and noes on said motion being constitutionally
demanded by Mr. Davis,
Those who voted in the affirmative are,
j\lr. Davis, Frey, Greene, Lytle and Perkins—5.
The negative voters are,
Mr. Speaker, Anderson, Andrews, Brabson, Bradford, Burford,
Field, Gillespy, Ilolman, Jetton, McClellan, Mclver, Murray, Polk
and Myly—15.
So said amendment was rejected.
Mr. Wyly moved to strike out all but the first section of said
bill; which was lost—ayes 8, noes 12.
And the ayes and noes on said question being constitutionally
demanded by Mr. Holman,
The affirmative voters! are,
Gg
253
Mr. Bradford, Davis,. Frey, Greene, Lytic, McClellan, Perkins
and Wyly—8.
Those who voted in the negative are,
Mr. Speaker, Anderson, Andrews, Brabson, Burford, Field,
Gillespy, Holman, Jetton, Mclver, Murray and Polk—12.
So said motion was lost.
And the bill passed a second reading—ayes 12, noes 7*
The ayes and noes being demanded constitutionally by Mr.
Davis,
Those who voted in the affirmative are,
Mr. Speaker, Anderson, Andrews, Brabson, Burford, Field,
Gillespy, Holman, Jetton, Mclver, Murray and Polk—12.
The negative voters are,
Mr. Bradford, Davis, Frey, Greene, Lytle, M'Clellan and Per-
kins—7.
So said bill passed its second reading.
Mr. Brabson submitted the following:
Resolved, by the General Assembly of the State of Tennessee,
That William Sharp be, and he is hereby appointed, a Justice of
the Peace for Grainger county.
And the rule requiring resolutions to lie one day on the table
being suspended, on motion of Mr. Brabson said resolution was
adopted.
Mr. Greene returned with an amendment,
A bill for. the relief of Charles Metcalf, extending the benefit of
its provisions to John Brown, of Roane county.
And the question being put, "Shall this bill pass?" it was de-
termined in the negative—ayes 5, noes 14.
And the ayes and noes on said question being constitutionally
demanded by Mr. Field,
Those who voted in the affirmative are,
Mr. Speaker, Gillespy, Greene, Holman and Lytle—5,
Those who voted in the negative are,
Mr. Anderson, Andrews, Brabson, Burford, Davis, Field, Frey,
Jetton, McClellan, M'lver, Murray, Perkins, Polk and Wyly—14.
So the bill was rejected.
On motion of Mr. Murray,
A bill to repeal an act authorising the mayor and aldermen of
the town of Huntingdon to sell certain allies, and for other pur-
poses; was referred to the committee on propositions and griev-
ances.
Mr. Wyly introduced
A bill to authorise the county court of Greene county to grant
to Robert Gordon the privilege of erecting a toll bridge across
Lick creek, which was read a first time and passed.
Mr. Holman introduced
A bill to repeal the penal part of the lajvs on the subject of
359
card playing; on which Mr. Greene moved an indefinite postpone-
met; which was agreed to—ayes 14, noes 6.
And the ayes and noes on said question being constitutionally
demanded by Mr. Murray,
Those who voted in the affirmative are,
Mr. Sppaker, Anderson, Andrews, Bradford, Burford, Davis,
Field, Greene, Jetton, M'Clellan, Mclver, Murray, Polk and Wy-
ly—14.
The negative voters are,
Mr. Brabson, Frey, Gillespv, Holman, Lytle and J Perkins—6.
So 6aid bill was indefinitely postponed.
Mr. Gillespy introduced
A bill to provide for the collection of the monies due the acad-
emies of this State from Elijah Embree and Walker Kennedy;
which was read a first time and passed.
Mr. McClellan introduced
A bill more effectually to compel clerks of the different courts
in this State to issue executions in proper time; which was read
a first time and passed.
Received from the House of Representatives,
A bill to divide the 25th regiment of Tennessee militia into
three battalions. A bill for the relief of William B. Loftin, Ste-
phen Lacy and Leonard P. Cheatham. A bill for the benefit of
the Memphis hospital. A bill for the relief of Peter North, of
Jefferson county; which were severally read a first time and pass-
ed.
A bill for the relief of James Drennen, of Wilson county. A
bill to reduce the fees of clerks in certain cases. A bill for the
benefit of Daniel Maiding. A bill to amend an act entitled an act
for the benefit of common schools. A bill for the relief of Wes-
ley Simmons and others, of Claiborne county. A bill for the ben-
efit of Lucinda Allen, widow and relict of William Allen, de-
ceased, or the legal representatives of said decedent. A bill for
the relief of William Anderson, clerk of Sullivan county court7
A bill concerning the taxation of costs in the Supreme court. A
bill for the benefit of Thomas Fite and Jeptha Billingsly. And a
bill authorising Elijah Anthony, of Giles county, to build a mill;
were severally read a second time and passed.
Mr. Brabson withdrew for amendment,
A bill to amend the Judiciary system of the State of Tennes-
see.
A bill to encourage the manufacture of iron in this State. And
A bill to extend the provisions of an act passed in 1823, chap.
7; were severally read a third time and passed.
A bill giving the purchasers or enterers of land in the Hiwas-
see District further time to obtain their grants; was read a third
and last time in both houses; passed and ordered to be enrolled.
200'
Mr. Field withdrew and returned with an amendment,
A bill to improve the navigation of Obeds river in Overton and
Fentress counties, and for ether purposes.
Said amendment, providing uthat should any losses be found in
the fund for internal improvement set apart for middle Tonnes-
see, the Treasurer or other person holding said fund, shall pay
to the said commissioners a rateable proportion only of said fund,
agreeably to the ratio of free white population in said county.
Provided also, that no payment shall be made under the provis-
ions of this act of more than the proportion to which such county
shall be entitled of the sixty thousand dollars appropriated for in-
ternal improvement in middle Tennessee, agreeably to the free
white inhabitants in said county; said county losing its proportion
of said fund, should any loss of said fund be sustained," which
amendment was rejected—ayes 4, noes 14.
And the ayes and noes on said question being constitutionally
demanded by Mr. Field,
The affirmative voters are,
Mr, Burford, Davis, Field and Frey—4.
Those who voted in the negative are,
Mr. Speaker, Anderson, Andrews, Brabson, Gillespy, Greene,
Holman, Jetton, Lytle, McCiellan, Mclver, Murray, Perkins and
Wyly—14.
So the amendment was rejected.
And the bill passed a third and last reading in both houses, and
was ordered to be enrolled.
A bill for the relief of Samuel Ingham, of Carroll county, was
taken up omits second reading; to which Mr. Bradford offered an
amendment authorising the Shelbyviile manufacturing company,
to raise ten thousand dollars by lottery, which was received, and
the bill passed a second reading.
A bill for the relief of Henry Matlock, was read a second time
and passed.
A bill to compensate Samuel G. Smith for services performed
and monies expended in the service of the State, was read a third
lime and passed.
A resolution from the House of Representatives in relation to
the rechartering of the Bank of the United States, was received,
read, and, on motion of Mr. Bradford, was laid on the table until
Monday night next.
Mr. Burford, from the select committee, to whom was referred
a bill to increase the revenue of the different counties in this State,
reported that the committee have had the same under considera-
lion, and had instructed him to report an amendment in lieu of
the whole, from the enacting clause.
Mr. Murray offered an amendment to the amendment reported
by the committee; which provides, "that it shall be the duty of
261
(he clerk and Treasurerof the common school Commissioners itt
each county annually to re port the amount of monies he shall have
received under the provisions of this 'act; and it shall be the duty
of the Piesident and Directors of the Bank of the State, in hp-
portioning the school funds in the several counties upon a basis of
free ivhile population, to charge each county with the amount re-
ceived as provided in this act;" which amendment was received,
ayes 11, noes 8.
knd the ayes and noes being constitutionally demanded by
Kir. Gillespy,
Those who voted in the affirmative are,
Mr. Andrews, Brahson, Davis, Frey, Gillespy, Greene, Jetton,
Lytle, McClellan, Mclver, Murray—11.
The negative voters are,
Mr. Speaker, Anderson, Bradford, Burford, Field, Perkins, Polk
and W}ly—8.
So said amendment was received.
And Mr. Field asked and obtained leave to withdraw (he bill and
amendments for amendment.
A bill to repeal the act of 1827, chapler 37, was withdrawn
by Mr. Murray, for amendment, ,
A bill to amend an act entitled an act to amend and reduce in-
to one the several acts concerning the-county revenue, was taken
up, read, and motion of Mr. Bradford, indefinitely postponed.
A bill for the benefit of Montgomery Bell was taken up, read,
and motion of Mr. Burford indefinitely postponed. 1
A bill to dispose of the public square and lots and other public
property in old Montgomery, the former county seat in Morgan
county, was read a second time and passed.
A message from the House of Representatives by Mr. Campbell
their clerk.
MR. SPEAKER,
The House of Representatives concur in
your resolution appointing a joint select committee to ascertain
the expenses of the present session of the general assembly.—
Tbey have adopted a resolution appointing a joint select commit-
tee to ascertain and report what number of the acts and journals
each county is entitled to, in which they ask your concurrence*
And then he withdrew.
Thereupon the said resolution was read and concurred in —
The Speaker appointed Messrs. Greene, Lytle, McClellan, Mc-
Iver, to be of said committee on the part of the Senate.
Ordered that the clerk acquaint the House of Representatives
therewith.
Mr. Burford moved an adjournment until tomorrow morning 9.
o'clock, and thereupon the question was submitted, "Will the sen-
262
ate adjourn?" and determined in the affirmative. Ayes 12—noes
8.
The ayes and noes being demanded constitutionally by Mr. Brab-
son,
Those who avoted in the ffirmative are,
Mr. Speaker, Anderson, Andrews, Burford, Frey, Greene,
Holman, Jetton, Mclver, Murray, Perkins, Polk—12,
The negative voters are,
Mr. Brabson, Bradford, Davis, Field, Gillespy, Lytle, "McClel-
lan, Wyly—8.
And so said motion prevailed.
Thereupon the Senate adjourned until tomorrow morning 9 o'-
clock.
The said motion being made at half past 9 o'clock in the ^even-
ing.
SATURDAY MORNING, DECEMBER 10,1831.
Mr. Polk presented the petition of sundry citizens of {Maury
county, praying for the passage of more efficient laws on the sub-
jeet of patrols, which was on motion of Mr. Polk laid on the table.
Mr. Andrews presented the petition of John Aut, of Henderson
county, which was on motion cf Mr. Andrews referred to the com-
mittee on Land claims.
Mr. M'lver from the committee on propositions and grivances,to
which was referred a petition of sundry citizens of the town of
Huntington, together with a bill to repeal an act authorizing the
mayor and aldermen of the town of Huntingdon to sell certain al-
leys and for other purposes; reported that the committee have had
the same under consideration, that they hare instructed him to re-
port that they consider said petition unreasonable and recommend
the rejection of said bill; which report was concurred in and said
bill was rejected.
Mr. Brabson returned without amendment,
A bill to amend the judiciary system of this State; Mr. Burford
moved to strike out the 4th section of said bill, which provides for
a tax on suits in the Supreme court which motion prevailed. Or-
dered that said 4th section of said 4th section be stricken from
the bill. Mr. Burford moved an amendment,providing for the ap-
poinlment of on additional judge, so that the Supreme court shall
consist of five judges which was carried. Ordered, that said a-
inendment be made. Mr. Field moved to reconsider the vote on
striking out the 4th section of said bill, lie having voted in the ma-
jority on said queston, which was agreed to, and said vote was
reconsidered. Whereupon the questionwas put,"shall the 4th sec.
263
of the bill authorizing a tax on suits in the Supreme court which
was heretofore stricken therefrom, be reinstated," and determin-
ed in the negative. "Ayes 9—noes 11.
And the ayes and noes on said question being constitu-
tionally demanded by Mr. Field,
Those who voted in the athrmative are,
Mr. Speaker, Andrews, Field, Gillespy, Holman, Lytle, Murray,
Perkins, Folk, 9.
Tl e negative voters ore,
Mr. Anderson, Eiuh^on, Eradlord, Burford,Davis, Frey, Greene
Jetton, MeClellun, Moiver, Wyly, 11.
And the Senate refused to reinstate said 4th section, and there-
upon the question was had, "Shall the bill pass?" and deter-
mined in the affirmative—ayes 11, noes 9.
The ayes and noes on the question of the passage of the bill
being censtitutionally demanded by Mr. Bradferd,
Those who voted in the affirmative are,
Mr. Speaker, Andrews, Burford, Field, Frey, Holman*, Lytle,
Mclver, Murray, Perkins, Polk, 11.
The negative voters are,
Mr. Anderson, Brabson, Bradford, Davis, Gillespy, Greene,
Jetton, McClellan, Wyly, 9.
And so said bill passed its second reading.
A bill for the benefit of John B. Rogers and Archibald C. Ro-
gers, of Fentress county. A bill to divorce Henry Anderson
from his wife Fanny Anderson. A bill supplemental to an act
passed December 6th, 1825, entitled an act to authorise Wm.
Reynolds, of the county of Greene, to open and establish a turn-
pike road. A bill for the benefit of Elisha Askew. A bill to ap-
point Hugh Houston a commissioner for the county of Rutledge.
A bill for the relief of Orange Ham. A bill for the relief of
Charles McNally, of McMinn county. A bill to restore Joseph
Carroll, of Campbell county to legal privileges. A bill to repeal
an act entitled an act to provide a permanent office for the pub-
lie papers of the State. A bill to compel the owners of bridges
and turnpikes to keep them in repair. A bill to exempt citizens
of Marion county attached to a troop of cavalry from attending
regimental musters; were severally read a second time and pass-
ed.
Mr. Anderson introduced
A bill to amend the laws for the emancipation of slaves.
Mr. Bradford,
A bill to establish a comptroller's office in this State; which
were severally read a first time and passed.
Mr. Greene introduced
A bill to provide for extending the laws of this State over the
264
Cherokee Indians within the chartered limits thereof; which, on
motion of Mr. Greena, was laid on the tabic until Monday next.
A bill to authorise John II. Howard and others, to build a mill
or iron works across Big Sandy river, in Henry county, was tak-
en up on its second reading.
Mr. Jetton moved an amendment so as to prohibit the injury of
the navigation of the river; which motion was carried—ayes 12,
noes 4.
And the ayes and noes on said question being constitutionally
demanded by Mr. Murray,
Those who voted in the affirmative are,
Mr. Speaker, Brabson, Bradford, Davis, Greene, Holman, Jetton,
Lytle. McCleilan, Mclver, Perkins, Wyly—12.
The negative voters are,
Mr. Burford, Frey, Murray, Polk—4.
And so said amendment was ordered.
Whereupon said bill was read a second time and passed.
A bill from the House of Representatives for the benefit of Jo-
seph Nolen, was read a first time and passed.
A bill declaratory of the law concerning contempts of court.—
A bill authorizing appeals in cases of fines forconterr.pt. And a
bill declaratory of the law concerning contempts and for other
purposes, were taken up on their second reading and on motion
of Mr. Anderson were referred to the judiciary committee.
Mr. Mcivcr moved a reconsideration of the question on the
rejection of a bill to repeal an act authorizing the mayor and
aldermen of the town of Huntingdon to sell certain alleys and for
other purposes, which was rejected this morning, he having vo-
<ed with the majority on said question, which was agreed to. Or-
dered that said bill be reconsidered.
Whereupon Air. Murray offered an amendment, viz: That no-
thing herein contained shallbe so construed as to effect any purchase
or purchases of any alley or alleys or parts thereof, made under or
by the authority of said act which this is intended to repeal, which
was received.
And thereupon said bill was read a second time and passed.
A bill to distribute the surplus books in the Secretary's office,
was, on motion of Mr. Burford, referred to the committee on fi-
nance.
Air. Anderson returned with an amendment,
A bill to provide for holding a chancery court at Knoxville and
Athens; which bill and amendment were withdrawn by Mr. Gil-
lespy, for further amendment.
Mr, Field returned without amendment,
A bill to increase the revenue of the different counties in this
State; which was laid on the table.
265
the county of Blount; and in the resolution to go into an election
of a surveyor for Monroe county at II o'clock this day.
Mr. Gillespv presented a report from fhe President and Trus-
tets of the University of Nashville; Which was read and or-
dered to be transmitted to the House of Representatives.
A message from the IJouse of Representatives tiy Mr. Campbell
their clerk,
MR. SPEAKER,
The House of Representatives are p-o.w fea-
dy to receive the Senate for the purpose of going into the several
cleciions^et apart for the day. And theu he Withdrew.
Whereupon, the Speaker and gentlemen of the Senate repaired
to the hall of the House pf Representatives, and proceeded to the
election of a Chancellor for the western division, and on collect-
in* and counti ig out the ballots, William A. Cooke,was duly and
contitutionally elected chancellor for the said western division of
this Stale. The two house? next proceeded by joint ballot, to the
election ofan Attorney General lor the 15th district, and on col-
lecting and counting onuhe ballots it appeared that Roger Barton,
a citizen of Hirdeman county, wa<* duly,and constitutionlly elect,
ed Attorney General for the said 15th solicilorial district. The
two houses next proceeded by joint ballot to the election of a
board of Interna! Improvement for East Tennessee, and Upon col-
lecting and counting the ballots, it appeared that Solomon D. Ja-
cobs, William E Cocke and David Deaderiek were duly and
constitutionally elected commissioners of said jbpard of internal
improvement. T e two houses next proceeded, to the election of
Entry takers for tie counties of Lincoln, Bedford, Claiborne, and
Humphreys, and on c dlectiog ami counting out the ballots it ap-
pe nred that Win. T. Ross was duly elected Entry taker for Lin-
coin county, Win. B. Sutton for Bedford county, Joshua H. Chap-
man for Claiborne county,and Stephen C. Pavatt for the county of
Hu mphreys. The uvo houses next proceeded by joint ballot to the
election of Surveyors for the counties of Cocke, Humphreys, Ma-
rion, Sumner and Monroe, and upon collecting and counting the
ballots, it appeared that John Fowler was duly elected Surveyor
for the county of Cocke, Isaac Little for the county of Humphreys,
Nicholas S. Peck for the county of Monroe, Thomas Anderson
for the county of Sumner, and Stephen Hicks for the county of
Marion.
Whereupon lite Speaker and gentlemen of the Senate returned
to their n« n chamber.
Mr. Muiray returned a bill to tax the retailers of Spiritous li-
quors, and moved to amend fhe same by striking out fifteen dol-
larsfor the purpose of inserting twenty-five dollars.
And the question thereupon being had, was determined in the
negative. Ayes 8—$oes 12.
The ayes and noes being constitutionally demanded by Mr.
Bradford,
The affirmative voters are,
Mr. Speaker, Andrews, Davis, Holman, Jetton, Lytle, Mur-
ray, Polk, 8.
The negative voters are?
Mr., Anderson, Brabson, Bradford, Burford, Field, Frey,Gilles-
py, Greene, Mc.GI ■ 11 <1 :v, Mclver,. Perkins, VVyly—12.
And so said amendment was rejected.
Mr. Murray ai-o moved to amend said bill by striking out the
words, other than regular licensed tavern keeepers, which was
agreed to; and the bill being upon its. third and last reading in
both houses.
Ordered that the clerk acquaint the House of Representatives
with said proposed amendment and ask their eoncurrence there-
with.
Mr. Field returned without amendment,
A bill to reduce the fees of clerks in cetain cases, which was
read a third and last time in both houses, passed aud ordered to
be enrolled.
A message from the House of Representatives by Mr. Campbell
their clerk.
MR. SPEAKER,
The House of Representatives have had under con-
sideration a bill to compensate Samuel G. Smith for services ren-
dered and money expended in the service of the Slate, and the
message of the Senate nonconcuring with the amendment here-
tofore proposed by the house of representative^ to said bill, and
have instructed me to inform the Senate that they insist upon said
amendment.
Whereupon the question was had, will the Senate concur with
said proposed amendment? and determined in tfiie negative. Ayes
S—Noes 12.
The ayes arid noes being constitutionally demanded by Mr.
Brabson,
The affirmative voters are,
Mr. Speaker, Brabson, Davis, Frey, Greene, McClellan, Per-
kins,Wyly—8.
The negative voters are,
Mr Anderson, Andrews, Bradford, Burford,, Field, Giliespy,
Holu.cn, Jetton, Pile, Mclver, Murray, Polk,—T2.
And so said amendment ivas nonconcurred with.
Ordered that the clerk acquaint the House of Representatives
therewi'h.
A bill for the benefit of Thomas II. Fletcher and Demsey Pow-
ell. A bill for the benefit, of George Wallace of Wayne county.
A bill for the benefit of William Gibson. A bill for the relief ol
26f
Dempsey Cobet and others. A bill for the relief of Eliza Dit*
more. A bill for the relief Amy Wherry. A bill to authorize the
commissioners of the Bean Station Turnpike road to pay interest
oi) certain money. A bill for the relief James 1L Mosely of Frank*
lin county. A bill for Jim benefit of Isaac West, and for, the cn-
couragement of Iron works in the Western district. A hilt to a*
mend the act incorporating the towh of Bolivar. A bill to amend
an act entitled an act to authorise Closes Fisk to open a tn.ri/pike
road, passed Nov. 24, !S17,aiKl for other purposes. A bill toestab^
Iish- a town on the land of Robt. Ilobson of Hardeman county. A
bill to authorize Andrew Taylor, jr. to bpild a tish trap, A bill tor
the benefit of Thoma<- Travis of Fentress county. A bill for the
benefit of James Johnson. A bill to authorise letters of adntin^stra-
tion to be granted in cetain cases. A bill for the benefit of Joseph
Dwyer. A bill to distribute the infantry tactics for the use of the
militia. A bill for the relief of Isaac Low and 0. C. Chamberlain.
A bill for the relief of the securities of Joseph Stone. A bill for
the benefit of securities in ca^es of peace warrants. A bill to
repeal part of an act entitled an act to make two regiments, by a
division of the 5th Regiment, were severally read a second time
and passed.
A bill to authorise Jpsse Lirtcoln and company to open a turn*
pike road, was laid on the table.
A bill for the benefit of Jo! ti Sharp was taken up.
Mr, Anderson offered an amendment thereto, which was re-
ceived.
The bill was then read a second time and passed.
A bill for the benefit of Ilenry Liggett. And
A bill to repeal part of an act of 1827, entitled an act to reduce
into one the several acts concerning county revenue; were sever-
ally read, and indefinitely postponed.
A bill providing for the removal of obstructions in Elk river,
was withdrawn by Mr. Field for amendment.
A bill to incorporate the Columbia Rail Road Company, was
read a third time and passed.
A bijl directing the payment of costs therein mentioned,, was
read arid rejected.
Received from the House of Representatives,
A bill to close the different agencies and wind up the concerns
of the Bank of the State; which was read a first time and pass-
ed.
A bill for the benefit of John Vincent. A bill for the benefit
of Unice Cummings. A bill for the relief of sheriffs and others
who have heretofore conveyed convicts to the Penitentiary. A
bill to authorise Tboir.as Tipton and Zeehariab Clarke, of Elount
county, to open a turnpike road, A bill -to authorise the sheriff of
Jackson county to appoint three deputies, and for ether purposes.
268
A bill to change the time of holding musters in the 116th regi-
inent Tennessee militia.
A bill to repeal all laws heretofore passed incorporating the
town of Athens in the county of Me Minn, and'for other purpose#.
A bill to authorise William Simpson to open and establish a
turnpike and toll bridge across Uat.chee l iver. And a bill to au-
thorise the register of West Tennessee to issue a certain grant,
were severally read a third and last time in both Houses, passed
and crdesed to be enrolled. . *;•
A bill to appoint Trustees of .Mount Cumberland Academy, in
Fentress county. And r
A bill to.regulate receiving toll at Robert Jetton's and Jphn
Flliotl's turnpike gate at Sandy bridge in Carroll, county; were
severally withdrawn by Mr. Murray,for/amendment.
The* Senate took up, on motion of Mr. Wyiy,
A preamble and resolution from the House of ilepresentatives,
instructing our Senators and requesting our Representatives in
Congress to oppose the recbartering of the Rank of the United
States. . - '
Mr. Field moved a concurrence.
. Mr. Bradford offered 'the following in lieu thereof:
Resolved, by the General Assembly of the State cf Tennessee,
That the" Senators from this State in the Congress of the United
State be instructed, and the Representatives requested, to vote
for rechartering ,the Bank of the United States, with a provision
therein, authorising the different States to subscribe for stock
equal in amount to one fourth of the original stock of said institu-
tion, with a further provision effectual in its character, prohibit-
ing foreigners from subscribing for, or holding stock "in, said
bank," with such other modifications as they, in their opinion, may
think best calculated to promote the interests of this State, and
of the United States.
Mr. Burford moved an indefinite postponement of the Resolu-
tion from the House of Representatives, together with the fore-
going one submitted in lieu by Mr. Bradlord.; which being pro-
nounced out of order by the chair, an appeal was taken by Mr.
Burford to the Senate. .
And thereupon the question was submitted, "Is the decision of
the chair incorrect?''
And determined in the negative.
The ayes and noes being demanded,
The affirmative voters are,
Mr. Bradford, Burford, Davis, Frey, Gillespy, FIolman, 'Jetton,
Perkins—S.
The negative voters are,
Mr. Speaker, Anderson, Andrews,.Brabson, Field ,Greene, Ly-
tie, McClellan, Mclver, Murray, Polk and Wyly—12.
269
And so said decision of the chair was pronounced by the Sen-
ate to be correct.
M-\ Bradford then moved-the adoption of the resolution submit-
ted by him in lieu of the one Irorn the house of representatives;
and that a message be sent to the house, informing them there-
with; which being decided out of order by the chair, the sense
of the Senate was not thereupon had.
Mr. Drub son called for the previous question,
Ind thereupon the question was had, "Will the Senate consid-
er the previous question?" and determined in the negative—raves
7, noes 13.
The ayes and noes being demanded,
Those who voted in the affimartive are,
Mr. Andrews, Brabson, Field, Greene, McClellan, Polk, Wy«
ly—7.
Those who voted in the negative are,
Mr. Speaker, Anderson, Bradford, Burford, Davis, Frey, Gil-
lespy, Ilo! man, Jetton, Lytle, Mclver, Murray, Perkins—13.
And so said call was overruled.
11 o'clock, P. m. Mr. Brabson moved the Senate to adjourn un-
til the usual hour tomorrow morning.
And thereupon the question was submitted, "Will the Senate
adjourn?" and determined in the negative—ayes 9, noes II.
The ayes and noes being demanded,
Those who voted in the affirmative are,
Mr. Bradford Burford, Frey, Holman, Jetton, Mclver, Murray,
Perkins, Polk—9.
Those who voted in the negative are,
Mr. Speaker, Anderson, Andrews, Brabson, Davis, Field, Gil-
lespy, Greene, Lytle, McClellan, Wyly—11.
And so said motion was lost.
Mr. Burford then moved to lay the resolution from the House
of Representatives, as also the resolution submitted by Mr. Brad-
ford, upon the table until Monday next.
And thereupon the questiou was had, and determined in the
negative—ayes 7, noes 13.
The affirmative voters are,
Mr. Bradford, Burford, Davis, Frey, Holman, Perkins, Polk
—7.
The negative voters are,
Mr. Speaker, Anderson, Andrews, Brabson, Field, Gillespy
Greene, Jetton, Lytle, McClellan, Mclver, Murray, Wyly—13.
And so said motion was overruled.
Mr. Brabson moved the previous question.
And thereupon the question was had, "Will the Senate consid-
er the previous question?" and determined in the affirmative—ayes
11, noes 9.
Il
270
The ayes arid noes being demanded constitutionally,
The affirmative vqters are,
.Mr. Speaker, Anderson, AndreWvS, Brabson, Field, Gillespy
Greene, Ljlie, McClellan, Polk Wyly—11.
The negative voters are,
■ Mr, Bradford, Burford, Davis, Frey, Holman, Jetton, Mclver,
Murray, Perkins,—9.
And so said motion prevailed.
Whereupon the question was submitted, "Will the Senate con-
cur with the resolution from the House of Representatives?" and
determined it the negative—ayes 10, noes 10.
The ayes and noes being demanded,
Those who voted in the affirmative are,
Mr. Anderson, Andrews, Brabson, Field, Gillespy, Greene,
Lytle McClellan, Polk, Wyly—10.
The negative voters are,
Mr. Speaker, Bradford, Burford, Davis, Frey, Holman, Jetton,
Mclver, Murray, Perkins - 10.
And so said preamble and resolution were non-concurred
with.
Ordered that the clerk acquaint jhe House of Representatives
therewith.
And the Senate adjourned until tomorrow morning, 9 o'-
clock.
TUESDAY, 13th DECEMBER, 1831.
A resolution submitted yesterday by Mr. Burford concerning
the publication and distribution of part of the acts of the present
session of the General Assembly, ivas taken up and amended, on
motion of Mr. Anderson, by striking out "two," and inserting
"six," before the words "copies of the private acts only." And,
on motion of Mr. Field, by providing that "all acts of incorpora-
tion" be printed with the private acts.
The resolution was then read as amended—adopted.
Ordered that the clerk acquaint the House of Representatives
therewith, and ask their concurrence therein.
Mr. Greene, from the joint select committee appointed to count
the votes given at the last elections for Representatives, and for
the call of a convention, made the following report:
"That they fiave performed that duty so far as returns have
been received, and find that 70,345 votes have been polled in the
55 counties from which returns have been received for Represen-
tatives, and 32,882 votes appear to have been polled for the call
271
of a convention, leaving a majority of 2,290 votes against the call
of a convention in said 55 counti.es.
"No returns have been received by your committee from either
of the counties of Carroll, Claiborne, Anderson, Hawkins, Dy^r,
Obion and Marlon for Representative, but that there appears to
have been 2,145 voles given id the above named seven counties for
the Call of a convention.
JAMES I. GREENE, Chairman,
Counties. No? votes No. votes Counties. No, votes No. votes
for Rep.
for Con»
for Rep.
for Con
Smith, 2634
794
Wayne,
901
546
Sullivan, 1395
100
Williamson,
2746
1541
Warren, 2000
1776
Carter,
1013
75
Sumner, 2450
250
Roane,
1592
1133
Rhea, 1155
655
McMinn,
2123
1007
Jefferson, 1728
193
Knox,
2238
526'
Maury, 34.84
2466
Weakly,
752
184
JMcNairy, 906
647
Gibson,
942
359
Ruth'fo\l,3056
1977
Dickson,
819
■ €85
Rlount, 1712
545
Stewart,
Humphreys,
787
330
Grainger, 1476
169
784
191
Hardin, G94
241
Montgomery, 1620
858
Greene, 2286
22
Davidson,
2213
' 2
Bledsoe, 801
704
Shelby,
838
144
Madison, 1564
756
Campbell,
721
47
Cocke, > 1577
352
Overton,
960
443
Sevier, J
Giles,
2248
657
Monroe, 1925
995
Robertson,
850
22 9
Hamilton, 395
137
Hardiman,
1269
444
Morgan, 300
293
Lincoln,
2246
507
.White, 1187
1137
Wilson,
2815
989
Hickman, 951
839
Haywood,
806
207
Franklin, 2118
1690
Washington,
1668
4
Henry, 1885
325
Tipton,
635
186
Perry, 833
506
Jackson,
1282
711
Lawrence, 880
510
Bedford,
3434
481
Fayette, 803
398
Henderson,
1376
639
Fentress,
872
325
70,345 32,882
35,172
Majority against convention, 22,90
272
Counties.
Carroll for Governor,
Claiborne, do.
Anderson, do.
Hawkins, do.
Dyer, do.
Obion, do.
Which was read and ordered to be spread on the records of the
Senate, and transmitted to the Douse of Representatives.
Mr. Murray returned with an amendment,
A bill to repeal the act of 1827, chap. 27; which amendment
was agreed to, and the bill was withdrawn by Mr. Burford for
further amendment.
Mr. Murray withdrew and returned with an amendment,
A bill for the benefit of Elizabeth C. Bell; which amendment
was agreed tc, and the bill was read as amended a second time
and passed.
A bill relating to water craft, that may be stopped when adrift
on any of the waters of this State.
A bill to alter the time of holding regimental musters in the
32nd regiment of Tennessee militia.
A bill to incorporate the Knoxville and Southern rail road com-
pany.
A bill authorising sheriffs and other collecting officers of this
State to make sets off in certain cases.
A bill to provide for the payment of costs in the suit, the State
vs. Charles McNally.
A bill for the benefit of Leonard Garden, of Monroe county, as
amended on motion of Mr. Anderson. And
A bill for the relief of William Kennard and others, were sev-
erally read a second time and passed.
A bill to amend the Judiciary system ot this State was, on mo-
lion of Mr. Murray, laid on the table until Thursday next.
A bill to amend the sixty-fifth section of an act entitled an act
to reform and amend the penal laws of the State of Tennessee,
was, on motion of Mr. Field, indefinitely postponed.
A message from the House of Representatives by Mr. Campbell
their clerk.
MR. SPEAKER,
The House of Representatives have unani-
mously adopted a preamble and resolutions approving the course
of the admistration of the General Government; in which they
ask your concurrence. And then he withdrew.
Whereupon the question was had, "Will the Senate concur
with the preamble and resolutions adopted by the House of Re-
presenlatives?" and determined unanimously in the affirmative.
Governor Rep.
Con.
1373 _
705
1066
51
618
372
1115
17
190
150
350
250
2T3
And the ayes being constitutionally demanded by Mr. Frey,
The affirmative voters are are,
Mr. Speaker, Anderson, Andrews, Brabson, Bradford, Bur-
fold, Davis, Field, Frey, Gillespy, Greene, Holman, Jetton, Lytle,
MrCIellan, Mclver, Murray, Perkins, Polk, Wyly—20.
There were no voters in the negative.
And so said preamble and resolutions were unanimously con-
curred with.
Ordered that the clerk acquaint the House of Representatives
therewith.
Mr. Jetton moved that the Senate go into committee of the
whole on the resolutions heretofore submitted by him in relation
to the rechartering of the Bank of the United States.
Whereupon the question was had, "Will the Senate go into
committee of the whole on said resolutions?" and determined in
the negative—ayes 6, noes 9.
The ayes and noes on said question being constitutionally de-
manded by Mr. Gillespy,
The affirmative voters are,
Mr. Speaker, Bradford, Frey, Holman, Jetton, Murray—6.
The negative voters are,
Mr. Anderson, Andrews, Brabson, Davis, Field, Gillespy,
Lytle, M'Clellan Mclver—9.
And so said motion was lost.
A message from the House of Representatives by Mr. Campbell
their clerk.
MR. SPEAKER,
The Speaker of the House of Representatives
did this day sign enrolled bills and resolutions of the following
titles, (to wit:)
An act for the relief of Mary Guest, widow and relict of Joshua
Guest, deceased, late Jailer of Maury county. An act prescribing
certain duties to the clerks of the several courts in this State.
An act for the benefit of Robert Jetton and John Elliott. An act
for the benefit of Custos O'Neal. And a resolution appointing
Justices of the Peace for the county of Blount. And then he with-
drew.
Whereupon the Speaker signed' said enrolled bills and resolu-
tion, and ordered them to be deposited in the office of the Secre-
tary of State.
Mr. Gillespy submitted the following preamble and resolutions:
Wh ereaB it has become the practice of the several States of
this Union, to make an expression of public sentiment by legisla-
tive resolutions upon many of the important measures of the Gen-
eral Government: And whereas it is deemed expedient by this
General Assembly to express their opinion in relation to the
course of the present Executive Of the United States upon th<
274
policy and constitutionality of a renewal of the charter of the
Bank of the United Stales after its expiration in the year 1836:
Therefore, '
Resolved, by the General Assembly of the State of Tennessee,
That this General Assembly most decidedly approve of the coarse
of President Jackson, and of his views and sentiments expressed
in bis messages communicated to the first and second sessions of
the 21st Congress of the United States, opposing a rechartering
of the present Bank of the United States.
Resolved, That our Senators in Congress be instructed, and our
Representatives requested, to use' their exertions in supporting
the President of the United States, in opposing a recharter of the
Bank of the United States, should any attempt be made in Con-
gtess for that purpose.
• - Resolved, That the Secretary of State furnish each of our Sen-
ators and Representatives in Congress with a copy of the forego-
ing preamble and resolutions. ' '
A bill to provide for the payment of the unsatisfied claims ad-
judged valid for improvements in the Hiwassee district, was taken
up and read a second time. Whereupon the question was had,
shall this bill pass? and determined in the affirmative. Ayes 9—
noes 8,
And the ayes and noes on said question being constitutionally
demanded by Mr. Field,
Those Who voted in the affirmative are,
Mr. Andrews, Brabson, Burford, Gillespy, Greene, Holman,
Jetton, Lytie, M'Clell.an—9.
The negative voters are,
Mr. Bradford, Davis, Field, Frey, Mclver, Murray, Perkins,
Polk—8.
' And so said bill passed its second reading.
Mr. Gillespy returned without amendment,
A bill to appropriate money, and to appoint commissioners to
superintend the openinga public road from Shovvns' cross roads.
Whereupon said bill was rejected.
A bill for the relief of Allen D. Gentry. A bill to authorize
vDavid S. Shelton to build a wing mill dam on Sequatchee river.
A bill for the benefit of James Young of Sparta. And a bill for
the relief of Sally Ilobson bf Claiborne county, were read sev-
erally a second time and passed.
Mr. Greene from the joint select committee to which was re-
ferred the memorials of the citizens of McMinn, Hamilton and
Marion praying that the civil jurisdiction of the laws of this
State be extended over the Cherokee Indians within our borders,
have had the same under consideration, and have instructed me
to report the same reasonable and expedient; with a bill to extend
the operation of the laws of this State over that portion of the
273
State included within the bounds of the Cherokee nation in cer-
tain cases and under certain restrictions, the passage of .which
they recommend.
Whereupon said bill was read a-first time and passed.
A bill to amend art an entitled qd act to incorporate the Nash-
vill and Franklin turnpike company, u as read a third and last
time in botli houses; passed and ordered to be enrolled.
A bill trt abolish imprisonment Jor debt, except in cases oT
fraud, was on motion of Mr. Murray, laid on the table. •
Mr. Bui-ford returned with amendment
A bill to repeal the act of 18y7, chapter 37; the amendment
was received and the bill as amended, read a 2d time and passed.
Mr. Murray returned without amendment,
A bill to regulate the receiving of toll at Robert Jetton and John
Elliots' turnpike -gate at Sandy bridge, in Carrol! county.
Wliereup mi the hill was read a third time and passed.
Mr. Bradford from the joint select committee appointed to as-
certain the amount of the Academy fund, and tfie amount due
each of the counfies in this State, Reported that the committee
have carefully examined the subject matter to them referred, and
had instructed him tomake the following report: That the whole
amount of said fund paid into the ~State- Bank, is seventy thousand
6ix hundred and sixty-five dollars and twelve cents.- The propor-
tion of each county then is $1139 76.
That the county of Bedford is entitled to after deducting pay-
ments heretofore made, and adding interest upon the balance due
since the debt was funded, and discounting interest on the amount
paid heretofore since, the same period, $977 91
Franklin c'ty entitled to 977 91 Gibson 439 76
Giles 439 76 Sumner 192 jtl
Robertson 354 80 Overton 439 76
Jackson 966 70 Fentress 1139 76
Williamson 766 26 Smith 1139 76.
Davidson 965 46 Wayne 1139 76
Maury 890 76 Hardin 1139 76
Dickson 390 76 Hickman 1139 76
White 75 76 Montgomery 1139 76
Warren 414 76 Stewart 1139 76
Lawrence 364 76 Perry 1139 76
Carroll 3G4 76 Wilson 25 14
Obion 364 76 Henderson 1139-76
Humphreys 664 76 Dver 1139 76
Henry 661 76 Madison H39 76
Tipton 664 76 Haywood 1*69 76
Lincoln 231 59 Hardeman 1139 76
Weakly 439 76 Fayette 1*39 76
McNairy 439 76 Shelby 1*39 76
25S
Rutherford, (i£ appears by ao act of Assembly)the sum of $600
was loaned to Joseph Dickson of said county by the Treasurer of
West Tennesse, of the amount going to Bradley
Academy, - $600 00
And amount paid since by Treasurer, 216 00
$816 00
Add interest from time funded, 199 92
Total, 1015 92
Cash paid by present Cashier, 775 00
1790 92
Deduct its.proportion, 1139 76
Balance due State by said county, $651 16
Each county in East Tennessee being entitled as above shewn
to $1 1-39 76, no attempt has been made, to see how much has
been paid to said counties or how much may be actually due at this
time as ail the evidence of this fact, is in the branch bank at Knox-
ville, the cashier of which must of necessity be authorized to set-
tie and pay such balances according to the above estimate, all of
which is respectfully submitted.
The committee beg leave to submit the following resolution,
lie-solved, by the General Assembly of the State of Tennessee,
That the Cashier of the Bank of the State, consider the above es-
timate as the proportion due to each of the counties therein spe-
cified and that he pay the same as is provided for by law. Mr.
Jetton moved a nonconcurrence with said report so far as relates
to the county of Rutherford, and thereupon the question was had,
will the Senate nonconcur, and determined in the negative, ayes
3—noes 16.
The ayes and noes being demanded constitutionally by Mr.
Burford,
The affirmative voters are, -
Mr. Gillespy, Jetton, Lytle, 3.
The negative voters are,
Mr. Speaker, Anderson, Andrews, Brabson, Bradford, Burford,
Davis, Field, Frey, Greene, Holman, McClellan, Mclver, Mur-
lay, Polk, Wyly, 16.
And so said motion was lost.
Whereupon on motion of Mr. Burford said report was concur-
red in and ordered to be transmitted to the House of Represen-
tatives. And said resolution was adopted.
377
WEDNESDAY MORNING, I4(h DECEMBER, 1831.
Mr. Polk from thq committeo on enrolments, reported as truly
enrolled.
An act to dispose of the public square and lots and other pub*
lie property in old Montgomery, the former county seat in Mor-
gan county, and for other purposes An act for the benefit of Jo-
aeph Hick*, Jailer of-Huvkins county, and for other purposes.
An act to change the time of holding regimental drill musters.
An act to exonerate all persons Jiving on .Waldren's ridge in
Rhea county, near Gordon's road, from mustering. An act to
incorporate the Clarksville and Russellvtlle rail road company.
An act t-o authorise William Simpson to open arid establish a toll
bridge and turnpike road across Hatchee river arid bottom. An
act to repeal all laws heretofore passed incorporating the tovvn
of Athens in the county of Monroe, and for other purposes. An
act to reduce the fees of clerks in certain cases. An act to a*
mend the laws noiv in force regnl itiug appeals in eq ti y. An act
to prevent sheriffs and other officers holding elections, from
Opening the tickets of voters before they are put in the ballot
boxes. An act for the benefit of CJuice Cumui'mrs. An act for
the benefit of Joseph Vincent. An act for the relief of sheriffs
and others who have heretofore conveyer! convicts lo the pent-
tentiary. An act for the relnf of those persons who are about to
be injured by the loss of papers, records, by the hurricane at
Chailotte in IS30 An act authorising tlie county court of Giles
county, to grant permission to Elijah Anthony, of Giles county,1-
to build a mill. An act to authorise the register to issue a c^r-
tain grant. An act to authorise the sheriff of Jackson coun'y -to
appoint three deptt i *s. An act to change the time of holding
musters in the 110th regiment of Tennessee mili'ia. An act to
authorise Thomas Tipton and Zechariab Clarke, of Blount conn-
ty, to open a turnpike road. And an act to extend the limits of
the corporation of the town of Knoxville.
Whereupon said acts were signed by tbe Speaker, and ordered
to he transmitted to the House of Representatives.
Mr. Frey from the committee on finance, to which was referred
a bill 'o distribute the surplus books in the Secretary's office and
for other purposes, reported the same with slight amendments,
and recommended its passage.
Whereupon said bill was read as amended a second time and
passed. -
Mr. Gillespy from the Judiciary committee, reported,
A bill declaratory of the law concerning contempts of courts
and recommended its passage. And
A bill authorising appeals in cases of contempts with an amend-
ment in lieu of the whole thereof.
Jj
27 S
Whereupon said report was concurred in, the amendment a-
dopted, and said bills read a second time aqd passed.
Mr. Gillespy, from the same, also reported,
A bill declaratory of the law concerning contempts of court,
and recommend its rejection.
Whereupon said bill was rejected.
The preamble and resolutions submitted on yesterday by Mr.
Gillespy, approving the course of President Jackson, and his
views and sentiments as expressed in his messages communicated
to the 1st and 2nd sessions of the 21st Congress of the United
States upon that subject, and instructing our Senators, and re-
questing our Representatives in Congress to support the Presi-
dent of the United States in his opposition to the rechartering of
the present United States' Bank, was taken up and read.
Mr. Davis moved the indefinite postponement of said preamble
and resolution.
And thereupon the question was had, "Will the Senate post-
pone indefinitely said preamble and resolution?" it was deter-
mined in the negative. Ayes 10—Noes 10.
The ayes and noes being demanded constitutionally by Mr.
Anderson,
The affirmative voters are,
Mr. Speaker, Bradford, Burford, Davis, Frey, Holman, Jetton,
Melver, Murray, Perkins—10.
The negative voters are,
Mr Anderson, Andrew s, Brabson, Field, Gillespy, Greene, Ly-
le, McClellan, Polk and Wyly—10.
And so said motion was overruled.
Whereupon Mr. Wyly moved the adoption of said preamble and
resolutions.
And the question being had, "Will the Senate adopt said pre-
amble and resolutions?" it was determined in the negative—yeas
10, nays 10.
The yeas and nays being constitutionally demanded by Mr. Wy-
The affirmative voters are,
Mr. Anderson, Andrews, Brabson, Field, Gillespy, Greene, Ly-
tie, McClellan, Polk and Wyly—10.
The negative voters are,
Mr. Speaker, Bradford, Burford, Davis, Frey, Holman, Jetton,
Mclver, Murray and Perkins—10.
And so said preamble and resolutions were not adopted.
Mr. Speaker Douglass presented a report of the common
school commissioners for Wilson county, which was read and or-
dered to be transmitted to the House of Representatives.
A message from the House of Representatives by Mr. Campbell
t heir clerk,
279
MR. SPEAKER,
The House of Representatives have had under
consideration a bill to compensate Samuel G. Smith for servi-
ces rend 're 1 t n i in mey expanded in the service of the State, to*
gether with Hj : in s-^ge from the Senate riori concurring in the
proposed a ri -n Iment of the llmsr of Representatives, by strik-
ing out $10 )l), and inserting $700, and have instructed nie to in-
form the Senate that they again insist upon said amendment, and
ogiin ask the concurrence of the Senate therein.
Whereupon the -question was had, "Will the Senate concur
with said proposed amendment?" and determined in the nega-
tive.
Ordered that the clerk acquaint the House of Representatives
therewith.
A bill further to define and extend the jurisdiction of Justices
of the IVae.e. And
A bill for tbereliifof James Drennen, of Wilson county, were
severally read a third and last time in both Houses, passed and
ordered to be enrolled.
Mr. Gillespy submitted the following preamble and resolu-
tioris;
Whereas it is believed by this General Assembly, that a crisis
has arrived in the administration of the affairs, and the exercise of
the powers of the General Government of this Union, when it has
bacorne proper to express by Legislative resolution of the several
States, the opinion entertained of the power assumed by Con-
gress under the constitution of the United States, to make inter-
nal improvements in the several States without their consent,
and to authorise the executive of the United States to subscribe,
stock in State incorporations for the benefit of local objects of
internal improvement:—And whereas it is believed this power
Ins been exercised by the Congress of the United States to an
Unwarranted extent under the federal constitution of this Union:
Therefore,
Resolved, by the General Assembly of the State of Tennessee
That this General Assembly most decidedly deprecate the exer*
cise of the power which has been assumed by Congress, of ap-
propriating money out of the treasuryof the United States, to be
expended upon local objects of improvement within the several
Slates, and in subscribing for stock under State incorporations.
Resolved, That this General Assembly most cordially approve
of the views and sentiments of President Jackson in relation to
internal improvement by the General Government, communicated
to the Congress of the United States ip his message, putting u
veto upon the Lexington and Maysville turnpike road bill.
Resolved, That the Secretary of State furnish a copy of the fore-
going preamble and resolutions to each of our Senators and Re-
S8Q
preservatives in Congress, and to the executives of the several
States of t'.e Union.
Whereupon Mr. Gillespy movpd that the rule requiring resolu-
tions to lie one day upon the table be suspended, and said pre-
amble and resolutions be put upon their passage; which motion
was agreed to:
And the question put, "Will the Senate adopt the preamble and
resolutions?" and determined in the affirmative—ayes 19, noes
none.
And the ayes and noes on said question being constitutionally
demanded by Mr. Murray,
Those who voted in the affirmative are,
Mr. Speaker, Anderson, Andrews, Brabson, Bradford, Burford,
Davis, Fn Id, Frey, Gillespy, Greene, Jetton, Lytle, MeClellan,
Mclver, Murray, Perkins, Polk, Wyly—19.
The negative voters were none,'
And thus said preamble and resolutions were adopted.
Ordered that the.clerk acquaint the House of Representatives
therewith, and ask their concurrence therein.
A bill to tax the retailers of sqiritous liquors, and to appropriate
the monies arising therefrom to the use of common schools, was
'taken up, on its third and last reading in both bouses.
Mr. Brabson moved an indefinite postponement of said bill;
Which motion failed—ayes 7, noes 12,
And the ayes and noes on said question being constitutionally
demanded by Mr. Davis,
The affirmative voters are,
Mr. Douglass, Andrews, Brabson, Bradford, Burford, Frey, Per-
kins—7,
The negative voters are,
Mr. Anderson, Davis, Field, Gillespy, Greene, Holman, Jetton,
Lytle, MeClellan, Mclver, Murray, Wyly—12.
Arid so the Senate refused indefinitely to postpone said bill.
And thereupon the question was had, "Shall this bill pass?" and
determined in the affirmative—ayes 12, noes S.
The ayes and noes on said question being constitutionally de-
manded by Mr. Andrews,
Those who voted in the affirmative are,
Mr. Anderson, Davis, Field, Gillespy, Holman, Jetton, Lytle,
MeClellan, Mclver, Murray, Polk, Wyly—12.
The negative voters are,
Mr Speaker, Andrews, Brabson, Bradford, Burford, Frey,
Greene, Perkins—8.
And so said bill passed a third and last reading in both Houses,
with an order to be enrolled.
A bill concerning free persons of color, was taken up on its
third and last reading.
231
Mr. Greene moved to strike all of the 4th section after the words
"forthwith remove from this Stat?;" which was agreed to.
Ordered that the clerk acquaint the House of Representatives
therewith, and ask their concurrence with said amendment.
A bill to abolish imprisonment for debt, except in cases of
fraud, was taken up and read a third and last time in both houses,
And the question was had, "Shall the bill pass?" and determin-
ed in the affirmative—ayes li, noes 6.
The ayes and noes on said question being constitutionally de-
manded by Mr. Brabson,
The affirmative voters are,
Mr. Speaker, Anderson, Andrews, Burford, Field, Gillespy,
Gieene, Ilolman, Jetton,cMClellan, Mclver, Murray, Polk, YY'y-
ly—14.
Those who voted in the negative are,
Mr. Biabson, Bradford, Davis, Frey, Lytle, Perkins—6.
Arid so said bill passed a third and last reading in both Houses
with an order to be enrolled.
A hill to authorise the commissioners of the Western District
turnpike road to rescind the contract existing brtween said com-
mis.'ioners and John Thomas, jr. and for other purposes.
A bill to amend an act entitled an act to establish turnpike roads
and toll bridges in the Western District, were read a third time
and passed.
Mr. Field returned wifh an amendment,
A hill to enable t ie occuoants of the Western District to secure
their occupancies, and for other purposes.
Thereupon the question was had "Will the Senate make the
amendmeut proposed, by striking out '1st Jmuary, 1833,1 for the
purpose of inserting'1st of September, 1S32.'" and determined
in the negative—ayes 9, noes II.
The ayes and noes on said question being constitutionally de-
manded by Mr. Field,
Those who voted in the affirmative are,
Mr. Speaker, Anderson, Brabson, Field, Gillespy, Ilolman , Ly-
tie, MoClellan, Polk—9.
The negative voters are,
Mr. Andrews, Bradford, Burford, Davis, Frey, Greene, Jetton,
Mclver, Murray, Perkins. Wyly—11.
And so the Senate refused to make said amendment.
Mr. Gillespy moved to reinstate the second section of said bill
which had heretofore been stricken out.
Whereupon the question was had, "Will the Senate reinstate
the second section of said bill?" and determined in the negative—
ayes 6, noes 13.
The ayes and noes on said question being constitutionally de-
manded by Mr. Wyly,
2S:2
The affirmative voters are,
Mr. Brabson, Field, Gillespy, Holman, Lytle,Polk—6.
Those who voted in the negative are,
Mr. Speaker, Andrews, Bradford, Burford, Davis, Frey, Greene,
Jetton, McCleilan, Mclver, Murray, Perkins, Wyly—13
And so the Seriate refused to reinstate said second section.
Whereupon the question was had shall thie bill pass? and deter-
mined in the negative. Ayes 6—Noes 14.
The ayes and noes on said question being constitutionally de-
manded by Mr. Field,
Those who voted in the affirmative are,
Mr. Brabson, Field, Gillespy, Holman, Lytie, Polk, 6.
Those who voted in tfie negative are,
Mr. Speaker, Anderson, Andrews, Bradford, Burford, Davis,
Frey, Jetton, Greene, McClellan, Mclver, Murray, Perkins, Wyly
—12.
And so the bill was rejected.
A bill making the bridge at Shelbyville toll free forever and for
other purposes. A bill for the relief of Jonas B. Liles of Obion
county. A bill for the relief of John W. P. McGimpsey and Flora
McGitnpsey were severally read a second time and passed.
Deceived from the House of Representatives,
A bill appointing commissioners to run and mark the line be-
tween the counties of Bedford and Maury.
A bill creating a board of Internal improvement for the conn-
ties of Giles, Lincoln, Franklin and Rutherford, which were sev-
erally read a first time and passed.
A bill to establish boards of internal improvement fer the sev-
cral counties of this State, west of the Tennessee river, was ta-
ken up, Mr. Davis moved to reinstate the amendment stricken
out in the Mouse of Representatives, which was agreed to.
Ordered that said amendment be reinstated; Mr. Greene then
withdrew ihe bill for amendment.
A bill for the bene tit of the former jailer of Monroe county, was
read a third and last time in both houses, passed and ordered to
be enrolled.
Mr. Gillespy then moved that the Senate adjourn till tomorrow
morning 0 o'clock. Thereupon the question was had, will the
Senate adjourn as moved? and determined in the negative. Ayes
9—noes iO.
The ayes and noes on said question being 'constitutionally de-
manded by Mr. Burford,
The affirmative voters are,
Mr. Davis, Gillespy, Greene, Holman, Jetton, Mclver, Murray,
Perkins, Polk—9.
The negative voters are,
283
Mr. Speaker, Anderson, Andrews, Brgbson,- Bradford, Burfotd,
Field, Frey, Lvtle, and "Wyly—10.
And so the Senate refused to adjourn.
Mr. Anderson having voted in the negative on the question of
passing A bill to enable the occupants of the Western District to
secure the occupancies and for other purposes; which bill was
rejected to day, moved a reconsideration of said question.
Whereup >n the question was had will the Senate reconsider
the vote rejecting said bill, and determined in the affirmative.
Ayes 11—noes 6.
The ayes and noes on said question being constitutionally de-
manded by Mr. Mclver,
The affirmative voters are,
Mr. Speaker, Anderson, Brahson, Field, Frey, Gillespy,Greene,
Lytic, Perkins, Folk, Wyly—11.
Those who voted in the negative are,
Mr. Andrews, Bradford, Burford, Jettpn, Mclver, Murray—6.
And so (lie Senate agreed to reconsider the vote rejecting said
bill and it was withdrawn by Mr. Anderson for amendment.
A bill to regulate the Academies in this State, was read a third
time and pased.
.Mr. Greene returned with an amendment A bill to establish
boards of internal improvement in t^e several counties of this
State, west of the Tennessee river and for other purposes, which
amendment was agreed to. Mr. Andrews then tpoved that the ofi-
ginal bill be reinstated.
Whereupon the question was had, will the Senate reinstate the
original bill? and determined in the affirmative. Ayes .16-—noes
2.
The ayes and noes on said question being constitutionally de-1
manded by Mr. Mclver, *
The affirmative voters are,
Mr. Speaker, Anderson, Andrews, Brabson, Bradford, Burford,
Field, Frey, Gillespy, Greene, Holman, Jetton, Lytle, Murray,
Polk, Wyly—16.
The negative voters are,
Mr, Mclver, Perkins—2.
And so the Senate determined to reinstate the original bill.
Mr. Mclver then moved that the bill be laid on the table
until thei tenth day of the'next session of the General Assem-
bly. Thereupon thq question Was had "Will the Senate lay the
bill on the table as proposed?** and deterrftined in the negative,
ayes 5—noes 14.
The ayes and noes being constitutionally demanded on said
question by Mr. Mclver,
The affirmative voters are, >
Mr. Burford, Gillespy, Kolman, Mclver, Polk* 5.
234'
Those who voted in the negative are,
Mr. Speaker, Anderson, Andrews, Brabson, Bradford, Davis,
Field, Frey, Greene, Jeiton, Lytle, Murray, Perkins, Wyly, 14.
Arid so the' Senate refused to lay the bill on the table.
Whereupon the question vvas h id '-shall the bill pass?" and de^
termined in the adirmative.. Ayes 18—noes 1.
The ayes and n ,>es being constitutionally demanded by Mr.
Mclver,
Those who voted in the affirmative are,
Mr. Speaker, Anderson, Andrews, Brabson, Bradford, Burford,
Davis, Field, Frey, Gillespy, Greene, Holinan, Jetton, Lytle,
Murray, Perkins, Polk, Wyly, 18.
The negative voter is,
Mr. Mclver.
And so said bill passed a third reading in the Senate.
A bill to amend the militia laws of this State was taken up on
its second reading. Mr. Gillespy moved an amendment making
the provost marshal, the officer to collect all moneys called for by
the executions issued by judge advocates, which amendment was
rejected, and the bill read a second time awd passed.
A bill to provide for the holding of a chancery court at Mon-
roe in Overton county, and for other purposes. A bill for the ben-
efit of William Motherhead. A bill to establish a turnpike bridge
across Hatclve river in Haywood county. And A bill to regulate
proceedings in chancery in this State, were read a second time,
and severally passed.
A bill relative to the registration of deeds and for other purpo-
ses, was read a third time ana passed.
A bill to establish a volunteer company in Knoxville. A bill
for the benefit of Azer Wyly. A bill supplemental to an act, pas-
see Dec. G, 1825, entitled an act to authorize Wrri. Reynolds of
Greene county to open a turnpike road. A bill to' amend the
laws now in force regulating the town of Jonesboro' in the coun-
ty of Washington. A bill for the benefit of securities in cases of
peace warrants. And A bill for the relief of t he securities of Jo-
seph Stone, were severally read a third and last time in both
houses, passed and ordered to be enrolled.
A bill to regulate the practice on writs of mandamus. A bill
for the benefit of the heirs of Daniel Wheaton and James Tisdale.
And a bill to alter the time of holding the regimental muster in the
] 12th regiment, were severally read a second time and passed.
A bill limiting prosecutions for misdemeanors, was read a third
time and passed.
A bill to authorise the county court of Greene to grant to Rob-
ert C. Gordon the privilege of erecting a toll bridge across Lick
creek in the county of Greene, was read a second lime and pas-
sed.
2S5
Mr. Greene withdrew and returned with an amendment,
A bill to amend an act to authorise Thomas Wheeler of Camp-
bell county to open a turnpike road, passed December 15th 1827;
which am nlment was agreed Jo, and said bill read a secoud
lime «ll» t p ta-ed.
A hill to amei-td the laws now in force in relation to Harris's
turnpi.ce roid across Cumberland mountain, \vm read a second
time ami pa-*i .1.
IJcCCH *d /V, in ihe II >use of Representatives,
\ hill ft r »hc bcnelii of Su^an K. Ibstplc. A bill for the re-
lie! ot J dm Cbarl'ou ami ottiers. A hill for the benefit of Win.
P. Steagauld, A L»iil supplemental to an act passed at the pre*
sent session of the General Assembly entitled an act to dispose
of the forfeited lauds in the llivvassee District. A bill authoris-
ing the establishment of fire companies. A bill to release Card-
ner'» turnpike from the payment of a State tax. A bill to change
the name and make legitimate the persons therein named. At
bill for the relief of the heirs of Wm. Gant. And a bill to raise
twenty thousand dollars to authorise Jpsse Allen to build a
bridge across the Caney Fork; all of which were severally read a
first time and passed.
THURSDAY, 15th DECEMBER, 1831.
Mr. Greene presented a petition of Joseph G. Smith and Thorn-
as Riddle, for leave to establish a turnpike road; which was^ead
and referred to the committee on iniernal improvement.
Mr Frey from the select committee appointed to take into eo.n*
sideration the propriety of faking the enumeration of the free
male inhabitants of tnis State, reported, with several amend-
nients,
A bill, to them referred, to provide for taking the enumeration
of the free male inhabitants of this State, and recommend its pas-
sage.
Whereupon said report was concurrred in, and said bill read
a second time and passed.
Mr. Greene, from the committee on new counties and county
lines, to which was referred a bill to establish the county of De
Kalb in -this State, recommended the reinstating of the original
bill and its passage in that State; which was concurred in, and
said original bill reinstated.
Mr. Bradford moved an indefinite postponement of the bill;
which motion was lost.
Whereupon the question was had, "Shall the bill pass?'' and
determined in the affirmative-*-ayes 14* noes 5.
Kk
286
The ayes and noes on said question being constitutionally de-
manded by Mi. Bradford,
Those who voted in the affirmative are,
Mr. Speaker, Anderson, Burford, Davis, Frey, Gillespy, Greene,
Holinan, Jetton, Lytle, McClellan, Mclver, Perkins, VV'yly—14.
The negative voters are,
Mr. Andrews, Brabson, Bradford, Murray, Polk--5.
And so said bill passed a second reading.
Mr. Gillespy returned with an amendment in lieu of the
whole,
A bill tp provide for holding a chancery court at Knoxville and
Athens.
Mr. McClellan moved to strike out that part providing for the
removal of the court from Rogersville, in Hawkins county, to Rut-
ledge, in Grainger county.
And thereupon the question was had, "Will the Senate strike
out as proposed?" and determined in the affirmative—ayes 9,
noes 8.
And the ayes and noes on said question being constitutionally
demanded by Mr, Brabson,
The affirmative voters are,
Mr. Anderson, Andrews, Field, Holman, Jetton, Lytle, McCIel-
lan, Perkins, VVyly—9.
The negative voters are,
Mr. Brabson, Bradford, Davis, Frey, Gillespy, Mclver, Murray,
Polk—8.
And so said provision was stricken out.
Mr. Murray then moved that the bill be laid on the table until
tomorrow night, which was agreed to.
Mr. Field returned, without arnendmenment,
A bill providing for the removal of obstructions in Elk river.
Mr. Burford moved that the preamble be stricken from said
bill; which motion was agreed to, and the bill read as amended a
second time and passed.
Mr. Mclver submitted the following:
Resolved, by the General Assembly of the State of Tennessee,
That Thomas James he, and hereby is appointed, a Justice of the
Peace for the county of Madison.
Mr, Anderson returned, without amendment,
A bill to enable the occupants of the Western District to se-
cure their occupancies, and for other purposes; which was laid
on the table.
A bill to provide for the payment of the expenses incurred in
the trial of Judge Haskell, was taken up.
Mr. Gillespy moved to reinstate "one hundred dollars," as the
compensation to the clerk of the court of impeachment striking
287
out "fifty dollars," which had been substituted therefor in the
House of Representatives; which was agreed to.
Ordered that one hundred dollars be reinstated.
Mr. Greene moved to reinstate the provision allowing the Ser-
geant at arms four cent3 per mile for travelling in serving subpoe-
lias; which provision had been stricken out in the House of Re-
presenlatives.
Thereupon the question was had, "Will the Senate reinstate as
moved for?" and determined in the affirmative-— ayes 12, noes 8.
The ayes and noes on said question being constitutionally de-
raanded by Mr. Bradford,
Those who voted in the affirmative are,
Mr. Speaker, Anderson, Andrews, Brabson, Gillespy, Greene,
Ilolman, Jetton, Lytle, Mclver, Perkins, Polk—12.
The negative voters are,
Mr. Bradford Burford, Davis, Field, Frey, McClellan, Murray,
Wyly—8.
And so the Senate ordered that said provision be reinstated.
And the bill was read a third time and passed.
A bill to amend the Judiciary system of the State of Tennessee,
was taken up on its third and last reading in both Houses, and
amended on motion of Mr. Jetton and Mr. Davis.
Mr, Bradford moved to strike out "twelve," for the purpose of
inserting "three" dollars, as the forfeiture of the Judges for failing,
to attend at court at any day during session; which was rejected
—ayes 3, noes 16.
The ayes and noes on said question being constitutionally de-
manded by Mr. Bradford,
The affirmative voters are are,
Mr. Andrews, Bradford, Murray—3.
Those who voted in the negative are,
Mr. Speaker, Anderson, Brabson, Burford, Davis, Field, Frey,
Gillespy, Greene, Holman, Jetton, Lytle, McClellan, Mclver, Polk,
Wyly—16.
And so the Senate refused to make said amendment.
Mr. Bradford moved that so much of said bill as speaks of a
Chief Justice be stricken out.
And thereupon the question was had, "Will the Senate strike
out as proposed?" and determined in the negative—ayes 6, noes
13.
The ayes and noes on said question being constitutionally de-
manded by Mr. Bradford,
The affirmative voters are,
Mr. Andrews, Brabson, Bradford, M'CJellan, Mclver, Mur-
ray—6.
The negative voters are,
585
Mr. Speaker, Anderson, Burford, Davis, Field, Frey, Gillespy
Greene, Holrnan, Jetton, Lytle, Polk, Wyly—13. '
And so the Senate refused to make said amendment.
Ordered that the clerk acquaint the Mouse of Representatives
with the amendment proposed by the Senate to said bill, and ask
their concurrence thereki.
A message from the House of Representatives by Mr. Campbell
their clerk.
MR. SPEAKER, -. . .
The Speaker of the House of Representatives did this day sign
enroljed bills of'the following titles, (to wit:)
An act to appoint Trustees of Mount Cumberland Academy,
of FentresS county. An act to incorporate the Columbia rail road
company. And an act for the relief of Nathan Jobe. The House
of Representatives have adopted resolutions appointing Justices of
the Peace for Grainger,,, Rhea, Fentress, Hardeman, Henderson,
Overton, Morgan, Haywood, Wuite and Smith; in which they ask
the concurrence of the Senate. The House of Representatives
unanimously concur with the several amendments proposed by
the Senate to a bill to amend the Judiciary system of this State.
And then he withdrew.
Whereupon the Speaker of the Senate signed said enrolled bills
and ordered them to be deposited in the office of the Secretary
of State.
The Senate concurred in the resolutions mentioned in the fore-
going message.
Ordered that the clerk acquaint the House of Representatives
therewith.
The Senate then took up and read as amended, the bill to amend
the Judiciary system of the State of Tennessee.
And thereupon the question was had, "Shall the bill pass?"
and determined in the affirmative—ayes 13, noes 8.
The ayes and noes being demanded constitutionally by Mr.
Wyly,
The affirmative voters are,
Mr. Speaker, Andrews, Davis, Field, Frey, Gillespy, Holman,
Jetton, Lytle, Molver, Perkins, Polk—13.
The negative voteis are,
Mr. Andrr-oo, Brabson, Bradford, Burford, Greene, McClellan,
Murray, W^jy—8.
And so said hill passed its third and last reading, with an or-
<!er <o be enrolled,
A bin to rejr al part of an act passed 7fh January, 1830, chaD-
ter 7G, uhs road a ^eer.nd tim« and passed.
A bill for the beneiir of the Methodist Episcopal Church ill Per-
ry couuty, Was taken up on its second reading,
289
And thereupon the question was had, "Shall the bill pass?" and
determined in the affirmative—ayes 15, noes 5.
The ares and noes being constitutionally demanded by Mr.
r»H i,
Tnn-e who voted in the affirmative are,
Mr. Speaker, Andrew?, Dtad.'ord, Burford, Davis, Gillespy,
Greene, Holmm, Jetton, Lj tie, MoCiellan,.McIver, Murray, Per-
kin«, Wyly—15.
T ie negative voters are,
Mr. Anderson, Urabson, Field, Frey, Polk—5.
And -to said bill p issed a second reading.
A bill to amend aq act passed 7th Oct. 1817, regulating the
town of Chai lotto in the county of Dickson. A bill to regulate
the St tie tax on law suits. And a bill for the benefit of Rob-
ert Y\ MiGtmpsey, uete severally read a second time and passed.
A bill lor the benefit of Daniel Madding. A bill to repeal an
an art authorizing the tn lyor and aldernirn of the town of Hunt-
iugdon to sell -certain alleys end for other purposes. A bill rela-
ting to water crafts that may be stopped when adrift on any of the
waters of tins Stale. A hill for the benefit, of John Chism, John
Jeti, Thomas Bounds ami John L)on. A bill for the benefit of
Richard Locke. And A bill to alter the time of holding regimen-
tal muster in the 32d regiment of Tennessee militia, were sev-
erally read a third and last time in both houses, passed and order-
ed to he enrolled.
Mr. Polk submitted the following,
Resolved, That the Senate meet the House of Representatives in
the Representative Hall on Monday the 19th instant, at 10 o'clock:
A.tM. for the purpose of electing a chief justice, and also an asso-
ciate judge of the Supreme court of Errors and Appeals, in place
ol John Catron resigned, and also a reporter of the decisions of
the Supreme court, and a Treasurer of middle Tennessee.
Whereupon the rule requiring resolutions to lie one day on the
table being suspended, on motion of Mr. Polk said resolution was
adopted.
Ordered that the clerk acquaint the house of representatives
therewith, and ask their concurrence therein.
Mr. Gillespy submitted the following,
Resolved, by the General Assembly of the State of Tennessee,
Th at the resolution of this General Assembly proposing an' ad-
journment of both .Houses of this General Assembly on Monday
next be, and the same is hereby rescinded; and that the two
branches of this General Assembly adjourn on the instant.
A bill to suppress open and notorious lewdness, and for other
purposes, was taken up on il3 third and last reading in both bous-
es and rejected.
A bill to remove the sittings of theSupreme court from Hey-*
290
noldsburg (o Clarksville was taken up on its second reading, and
thereupon the question was had, shall this bill pass? and deter-
mined in the negative. Ayes 5—noes 12.
The ayes and noes on said question being constitutionally de-
roanded by Mr. Frey,
Those who voted in the affimartive are,
Mr. Brabson, Burford, Frey, Gillespy, Lytle, 5.
The negative voters are,
Mr. Speaker, Andrews, Bradford Davis, Field, Greene, Jet-
ton, McClelian, Mclver, Murray, Polk, Wyly, 12.
And so said bill was rejected.
Mr. Davis having voted in the majority on the question of the
passage of said bill, moved a reconsideration thereof, which was
agreed to. Mr. Frey then withdrew said bill for amendment.
Mr. Gillespy submitted the following,
Resolved, That the, Senate meet the House of Representatives
in the Representative Hall on Monday next, for the purpose of
electing three inspectors of the public jail and penitentiary of this
State, and also for the purpose of electing a President, Cashier
and Directors of the Bank of the State of Tennessee.
Whereupon the rule requiring resolutions to lie one day on the
table being suspended, on motion of Mr. Bradford said resolution
was adopted.
Ordered that the clerk acquaint the House of Representatives
therewith, and ask their concurrence therein.
"A bill to appoint additional trustees for the Bolivar Female Aca-
demy in the county of Hardeman. A bill to repeal an act to pro-
vide a permanent office for the public papers of this State. A bill
to appoint Hugh Houston a commissioner for the town of Rut-
Jedge. A bill for the benefit of Elisha Askew. A bill for the re-
lief of Orange Ham of Williamson county. A bill to restore
James G'arroli of Campbell county to legal privileges. A bill to
change the time of holding the Supreme court at Jackson. A
bill to authorise George VV. Wood to open a turnpike road. A
bill for the benefit of Elizabeth C. Bell and others. A bill to in-
corporate the town of Liberty in the county of Smith. A bill to
open and keep in repair the ford road in Hawkins and Sullivan
county. A bill to amend the laws on the subject of the Chance-
ry courts in this State. A bill for the benefit of Thomas L. Gray
of Haywood county. A bill to prevent non residents from grazing
their stock in the counties of Claiborne and Campbell. A bill to set
apart twenty-five acres of land in Henderson county for a school
house. A bill to amend the penal laws of this state, passed in
1S29, '30. A bill to repeal the 13th section of an act, passed in
1779, chapter 10. And a bill exempting certain citizens of Ma-
rion county from attending regimental musters; were severally
291
read a third and last time in both, passed and ordered to be en-
rolled.
A bill to divorce Henry Anderson from his xvife Fanny Ander-
son, arid lor cither purposes, was iv iihdrawn by Mr. Davis for a-
me mlir ent.
A till f< r the benefit of John B.Rogers arid Archibald C. Ho-
gers of Fnitress c< nr iy. A bill to compel the owners of turnpike
roads and tell bruits to keep them in repair. A bill to prevent
tr< ppassps upon school lands in Warren county. A bill for the re-
Jicl of Eliza Dittriore. A bill for the relief of Amy Wherry of
Wil son county. A bill for the benefit of Win. Gibson. A bill to
incorporate a Female academy in *he county of Rhea. A bill for
the relief of James H. Mosely of Franklin county. A bill to au-
thorize the commissioners of the Bean Station turnpike road to
pay interest in certain cases. A hill to authorize: Andrew Taylor,
jr. to build a fish trap. A bill for the benefit of James Johnston.
A bill for the relief ol Demnsey Corbet, and others. A bill for
the benefit of Thomas Travis of Fentress county, were severally
read a third and last time in both houses and ordered to be en-
rolled.
A bill to alter the line between Overton and Fentress county,
so as to include Willis Huddleston in Overton county, was taken
up on its third and last reading in both Houses. Mr. Field offer-
ed an amendment to said bill, which was agreed to.
Ordered that the clerk acquaint the House of Representatives
with said proposed amendment and ask their concurrence there-
in.
Mr. Davis returned a bill to divorce Henry Anderson from his
wife Fanny Anderson, and for other purposes, with an amendment
thereto. Mr. Brabson offered an amendment to said amendment:
which amendments were agreed !o, said bill being on its third and
last reading in both houses,
Ordered that the clerk acquaint the House of Representa-
tives with said proposed amendments and ask their concur-
rence therein.
A bill to compel the commissioners of the county seat of Mori-
roe county, to make a settlement, was read a second time and
passed*
Mr. Frey returned A bill to authorize the counties of Robort-
son, Montgomery and Dickson to take appeals to the Supreme
court at Nashville as an amendment in lieu of a bill to remove
the sittings of the Supreme court of Errors and Appeals from
Reynoldsburg to Clarksville from the word A bill which amend-
ment was agreed to, and said bill read as amended a second time
and passed.
A bill authorizing letters ofadministration to be issued in cer-
tain cases, was withdrawn by Mr. Holmaif for amendment.
.292
A bill to establish a town on the lands of Robert Robson in Har*
deman county. A bill to repeal part of an act-entitled an act to
make two regiments by a division of the 5 h regiment; passed
12th October, JS20. A bill for die rein f of Thomas H. Fletcher
and Denipsev Powell. A bill to authoiise IPoo'ina* Poe arid A*a*
hel Raw lings to open a turnpike toad. A bill tor the hervefit of
Joseph Bwyor. A'nil to amend an act on bled an act to author*
ise Moses Fisk to open a turnpik road, pas-ed 2iih November, 1
1817, and for other purposes. A bill 'o ameud an act incorporat-
ing the town of Bolivar,in Hardeman county. A hill tor the hen*
e fit.of Isaac LOweand D. C. Ohuuibcriit. A bill tc authorise fe-
males to obtain divorces in court wit bout costs. A bill to author*
ise the Somerville Female Academy. A bill for the belief
Charles MeNaily, of MeMinn countv, and Jonathan Crawford,
And a bill for tite benefit of Isaac West, and for the encourage*
merit of iron works in the Western District; were severally read
a third and last time ip both Houses, passed and ordesedto been*
rolled.
A bill for the relief of Miller Isbel and others therein named,
was, on motion of Mr. Davis, laid on the table.
A bill to amend an act to incorporate the Big Hatchee Turnpike
Company, was read a third time and passed.
A bill for the relief of Miller Isbel and others therein named.
A bill for the benefit of James Childress. And a bill to allow
the sheriffs of Obion and Dyer counties further time for the pay-
ment of certain taxes: were severally read a third time and pass-
ed.
A bill to give jurisdiction to Justices of the Peace in cases of
assaults and batteries by consent of parties, was read a second
time.
Whereupon the question was had, "Shall this bill pass?" and
determined in the negative—ayes 9, noes 10.
The ayes and noes on said question being constitutionally de-
manded by Mr. Brabson,
The affirmative voters are,
Mr. Andrews, Burtord, Gillespy, Jetton, Lytle, M'Irer, Murray,
Pe rk i n s, Wy 1 y—9.
The negative voters are,
Mr. Speaker, Anderson, Brabson, Davis, Field, Frey, Greene,
Hoi man, McClellan, Polk—10.
And so said bill was rejected.
A bill to compensate Charles. F. Keith for services in adjudi-
eating Hiwassee improvements, And
A bill for the relief ot Peter North, of Jefferson county, were
severally read a second tjme and passed.
A bill supplemental to an act entitled an act to appropriate
the school lands in the Hiwassee District to the use of schools
S?93
*
for the instruction of children therein; passed at the present ses-
feion of the General Assembly.
A bill tn |»r>virf^ for the circulation and preservation of the
Jo lin iU of tli» <1 mgtt.ss of the United States, and for other p<jr-'
po»es, vVas amend it, on motion of Mr McCleilab, by providing
that the J mi nnls should be dMributed to the captains of compa-
hiesr i isteai^ of to Justices of the Ftjace; read a third time and
p'i*»si d. 1
A bill concerning the publication of the decisions of the Supreme
c6«rls»f tln«» State.. And. ' „
A bill for the rehef of Joseph P. Neally and James G. Neatly,
of thol-ouiity of Jackson, were severally read a third tjuie a«d
passed.
Mr.trillpspy submitted the following.
Rnn/ivd, by fh^ General Assembly of the State of Tennessee*
That E. H. Weir bo, and he is hereby appointed, a notary public
for the county of Monroe,
A bill to prevent the lapse of a year and mday from nullifying
judgments rendered by Justices of tSw Peace, was, on motion of
Air. Greene, indefinitely postponed. h
A bill to reduce, the fees of .Clerks for recording an accpunt curV
rent rendered by a guardian, was read a second time and
passed.
Bills from the House of Representatives; viz,
A bill to divorce Anna Ball from her husband Wjlliam Ball.,
A bill for the relief of Lewis Ross. A bill for the befiejU of John
Brown. A bill regulating the returns of writs of the supreme
court. A bill to repeal the 112th section of the 69th chapter of
the act of 1825, and to compel the officers and privates of volnn»
teer companies to keep the public arms in good order and eondi-
tion. A bill for the relief of Matthevv McClamahan, late sheriff of
Rutherford county. A bill tn extend the north boundary line of
the corporation of the town of Lebanon, A bill to furnish Major
Charles Abel's volunteer company of cavalry, Of Lincoln, with
swords and pistols. And a bill to.establjsn a circuit court of law
and equity for the county of Davidson, were severally read a first
time and passed.
A message from the House of Representatives by Mr. Campbell
their clerk,
MR. SPEAKER, « ,
The House of Representatives are now ready,
to receive the Senate, for tiie purpose of considering the proprie-
tyof recommending to the good people Of this State, to vote for or
against the call of a convention at the next general elections in
this State. And then Be- wittidtew.
Whereupon the Speaker^ifd gentlemen, members of the Senate
repaired to the- hall of'the House of Representatives,
Ll
29 &
And .thereupon Mr. Dunlap offered the following resolution,
(to wit:)
Resolved, That the proceeding of the committee of the whole,
of the two houses, on the subject 'of a convention be recorded by
the clerks of the Senate and House of Representatives in the jour-
nalof each house.
Whereupon the question was submitted; "Will the committee
adopt the resolution?" and determined in the affirmative.
And thereupon Mr/ Dunlap submitted the following preamble
and resolulion, to wit: ' '
Whereas the good people of this State at the late election, man-
ifested a strong inclination in favor of calling a convention, (there
being only about two thousand less than was necessary under the
constitution.) And whereas it is believed, in many of the coun-
ties of the.Slate, many persons favorable to a convention, did not
vote for the same under a mistaken belief, that the resolution of
the last session had not been signed and enrolled, so as to author-
ise the people to vote for or against a convention. Under these
circumstances, the present, Genera] Assembly, believing that a
majority of the people are in favor of calling a convention; and
that the constitution requires amendment;
Therefore,
Resolved, by the General Assembly of the State of Tennessee,
(two thirds of the General Assembly concurring therein,) That it
be, and is hereby recommended to the good people of this State,
at the next general election for members of the General Assem-
bly, to vote for or against the calling of a convention to revise
and amend the constitution of the State of Tennessee.
Resolved, That it shall be the duty of the officers holding the
elections aforesaid to read the foregoing resolution at the place
of holding the elections at the opening of the polls, and at two
o'clock, P. m on each day of such elections.
And thereupon the question was submitted, "Will the commit-
tee adopt the said preamble and resolutions?" and determined in
the affirmative, ayes 52, noes 7.
Those who voted in the affirmative are.
Mr. Speaker Douglass, Anderson, Andrews, Bradford, Burford,
Davis, Field, Frey, Gillespy, Greene, Holman, Jetton, Lytle, Mc-
Iver, Murray, Perkins and Polk, of the Senate—And, Mr. Speak-
er, rluling, Allen, Boddie, Brown, Carriger, Cheatham, Claiborne,
Dew, Dickinson, Dobbins, Dunlap, Gillespy, Gordon, Gowen,
James Gray, George Gray, Hatley, Hardin, Holland, Hurst, Inge,
Kincade, Maurv, McClean, Nevins, Parris, Roberson, Alexrnder
E. Smith, Joel R. Smith, Stockton, Turney, Vernon, Watkins,
Wright and Young, of the House of Representatives.
Those who voted in the negative'are,
29S
Mr. Erabson, McClellan and Wyly, of the Senate—And Mr.
Eislcy, MeTai'land, McGaughy and Stephenson, of the House of
Representatives.
FRIDAY, 16th DECEMBER, 1S31.
A rcsMuti ni submilted yesterday by Mr. Mclver, appointing
Thmids James a Justice of the Peace for the county of Madison,
was read and adopted.
Ordered that the clerk acquaint the House of Representatives
therewith, and ask their concurrence therein.
A message from the House of Representatives by Mr. Campbell
their clerk
Mr. SPEAKER,
Tiie House of Representatives concur in your
resolution to meet the House of Representatives in their Hall on
Monday next for the purpose of electing three inspectors for the
penitentiary, and a President, Cashier and Directors of the Bank
of the State of Tennessee; and in your resolution providing for
an election at the same time of a Chief Justice and an as-
sociate Judge of the supreme court of Errors and Appeals, in
the place of John Catron, resigned: and also a reporter of the de-
cisions of the Supreme court, and a Treasurer of Middle Tennes-"
see.
The Speaker of the House of Representatives has signed an
enrolled resolution appointing Justices of the Peaee for the coun-
ties of Henderson, Overton, Morgan, Haywood, White, Grainger,
Smith, Rhea, Fentress and Hardeman; and an enrolled resolution
recommending the call of a convention.
The House of Representatives have adopted a resolution ap-
pointing Justices of the Peace for the counties of M'Minn and
Hardeman and a resolution appointing Justices of the Peace for
Hardeman county; in which they ask your concurrence. And
then he withdrew.
Whereupon the Speaker of the Senate signed said enrolled
resolutions, and ordered them to be deposited in the office of the
Secretary of State.
And the Senate concur in the resolutions appointing Justices
of the Peace for the counties of Me Minn and Hardeman.
Ordered that the clerk acquaint the House of Representatives
therewith.
Mr. McClellan returned without amendment,
A bill to regulate the fees of clerks and masters in equity in
this State; which was then withdrawn,by Mr. Wyly, for amend-
ment.
,29S
A bill to regulate the proceedings of courts of Justice in cer-
tain cases, wajs, on motion of Mr, Frey, referred to the committee
on'the'Judiciary. _ , • .
A bill to authorise the counties ol Robertson, Montgomery and
Dickson, to take appeals to the supreme court at Nashville,
And * .
A bill for the relief of Larkin H. Bowling, of Anderson county,
were severally read a third tube and passed.
Mr. Brabson submitted the following: . c ,
Resolved,, That one thousand copies of the .'list of overcheckers
in1 the Bank of the State, as-reported to th}£ "General Assembly, be
printed tor the use "of the Senate.
Whereupon, on motion of Mr: Bradford, the rule'requiring reso-
lutions to be laid for one day on the tablef/vvas suspended, and
said resolution was adopted.
A bill concerning Indian reservations in the Hivvassee District,
was taken up on its second reading,' '
Mr. Bradford offered an amendment in lieu of the whole.
Mr. Gillespy offered an amendment in lieu thereof,
h 'Whereupon the question was had, "Will the Senate make the
amendment to the proposed amendment?" and determined in the
negative—ayes 7, noes 12.
The ayes and noes on said question being constitutionally de-
manded by Mr. Bradford, L
Those vvho voted in the affirmative are,
Mr. Anderson, Gillespy, Greene, Holman, Lytle, McClellan,
Wyly—7.
The negative voters are,
Mr. Speaker, Andrews, Brabson, Bradford, Burford, Davis,
Field, Jetton, Mclver, Murray, Perkins, Polk—12.
And so the Senate refused to make said amendment.
Mr. Bradford then moved the adoption of the amendment offered
by him iu lieu of the whole bill,
Whereupon the question was had^ "Will the Senate amend as
proposed?" and determined in the affirmative—ayes 15, noes 4.
The ayes and noes on said question being constitutionally de-
manded by Mr, Bradford,
The affirmative voters are,
Mr Speaker, Anderson, Andrews, Brabson, Bradford, .Bur-
ford, Davis, Freld, Jetton, McClellan, Mclver, Murray, Perkins,
Polk, Wyly^-15.
The negative voters are,
Mr Gillespy, Greene, Holman, Lytle—4.
And so said amendment was adopted.
The bill was then read a second time as amendedand pass-
ed. *
Mr. Greene submitted the following:
297
Resolvedy That two thousand bopies of the report of the Treas-i-
tirer of middle Tennessee, as reported to the committee of finance
be punted or the use of the Senate*.
Wmueup jt> lite rule requiring resolutions to be laid on the table
/til one rtas stiipepdej, ami said Resolution read and adopt-
ed.
A message from the House of Representative by Mr. Campbell
their clerk.
MR. SPEAKER,
The Ho ise of Representatives have adopted a
resolution appoiniiig Justices of the Peabe for Bedford county;
in which they a*k your concurrence* Ahd thtln. he with-
drew.
Whereupon «aid resolution was re^d and concurred in.
Mr. <; illesft) \vittidie\v lor amendment,
A bill for the purposes therein mentioned, which had heretofore,
been laid on the ldl>le;ahd jentrned the same with an amendment,,
which was agreed to, and the hill regd "a first lime and passed;
A bill concerning free persons of .color. And
A bill lo alter the line between Overton and Fentress county,
8) as to include Willis Huddleston, in Overtou county,, were Sev-
erally read a third and last time in both houses, passed, arid order-
ed to be. enrolled.
Mr. Polk from the committee of enrollments reported as truly*
enrolled,
An act to abolish imprisonment for debt except in cases of fraud.
An aci fur the benefit of Elizabeth C. Bell and others. An act to.
alier the time of holding regimental muster it) the S2d regiment
Tenp essee militia. An act to prevent non residents from grazing
their stock in Claiborne and Campbell counties. An act for the
benefit of John Jett, John Cliisrn, Thomas Bounds and John Ly-
on. An act exempting citizens of Marion county, Httached to a
troop of cavalry, from attending regimental musters. An act to
appoint Hugh Houston a commissioner for the towr) of Rulledge.
— r\n act to appoint additional trustees for the Bolivar Female
Academy in the county of Hardeman Aa act to amend an act
enti led an act to keep in repair the ford road in Hawkins and
Sullivan counties. An act to set apart tvyenfy-five acres of land
for a school house in Henderson county,, An act for the relief of
Orange Ham of Williamson-county. An act for* the benefit of
Elizabeth Askew. An act for the benefit of Daniel Madding.
Au act to amend the laws on the subject of the Chancery courts
in this State. An act to incorporate the stockholders of the city
hotel company in the city of Nashiille. Anactto incorporate the
town of Liberty in Smith county. An act for the benefit of Rich-
ard Locke. An act to repeal the 13th section of an act, pass-
ed 1779, chapter 10. Au act to restore James Carroll of Camp*
298
bell county to legal privileges. An act relating to water crafts
that may be stopped when adrift on any of the waters of this
Slate. An act to repeal an an act authorizing the mayor and
aldermen of the town, of Huntingdon to sell certain alleys and for
■other purposes. An act to. repeal an Act entitled an act to provide,
for a permanent office for the public papers of this State. And
An act to establish a volunteer company in Knoxville*
Whereupon the speaker signed said enrolled acts.
Ordered that they be transmitted to the House of Representar
lives,
A bill to distribute the infantry tactics for the use of the militia,
was read a third and last time in both houses, passed and ordered
to be enrolled. '
A bill prescribing the duties of sheriffs'.in certain cases, and
for other purposes. A bill for the relief of persons therein nam-
ed. A bill to render the lands lying between Walker's line and
the line of North 36° 30' subject to taxation. A bill to authorise
a division of the first regiment of, Tennessee militia in the county
of Washington into two distinct regiments. A bill establishing
a company to be called the Nashville Greys. A bill to appropri-
a sum of money to aid free persons of color to remove to Liberia
in'Africa. A bill concerning the seat of Justice in the county of
Wayne. A bill for the benefit of the heirs of Col. John Tipton,
late of the House of Representatives. A bill to extend the bene-
fits of the first section of the act of 1829, chapter 40. A bill to
regulate warehouses. A bill to amend the laws of this State in
relation to the government of slaves and free persons of color A
bill to provide for the payment of the record Rooks of the clerks
of the Supreme and Chancery courts in this State. And a bill to
extend the operation of the laws of this State over that portion of
the State included within the bounds of the Cherokee nation in
certain cases and under certain restrictions, were severally read
a second time and passed.
Mr. Wyly returned with an amendment in lieu of the whole,
A bill to regulate the fees of the clerks and masters' in equity in
this State; which amendment was rejected, and thereupon the
question was had "shall the bill pass a second reading?" and de-
termined in the affirmative, ayes 10—noes 8.
The ayes and noes on said question being constitutionally de-
manded by Mr. Wyly,
The affirmative voters are,
Mr. Brabson, Bradford, Burford, Field, Gillespy, Greene, Mc-
Clellan, Perkins, Folk, Wyly—10.
Tire negative voters are,
Mr. Speaker, Anderson, Andrews, Davis, Jetton, Lylle, Mclver,
Murray,—8.
And so the said bill passed a second reading.
A bill to amend the judiciary system of this State, was read and
on motion of Mr. Brabson indefinitely postponed.
A bill tor the benefit of John McCrosky ^ormer sheriff of Moo-
roe county. A 1 ill for the relief of William Anderson clerk of
Sul ivan circuit couit. \nd a hill to repeal an act passed in the
)ear 1SJ7, authorizing Isaac arid Lewis Miller to erect a mill dam
on Clinch liver, were severally read a third time and passed.
T Is fiom the House of Ih prr serdative«, viz:
V. bill to provide lor the establishment of the Southern bounda-
ry line of this State. And a bill to prevent the entry or settlement
of lands lying south of Winchester's line, Here severally read a
fir*st time and passed.
On motion of Air. Murray, the committee on the Southern
boundary line of this State were discharged from the further con-
bideration of the matters and things to them referred.
Mr. Pulk from the committee on enrollments reported as truly
enrolled,
A resolution appointing a justice of the peace for the county of
Madison.
Wh ereupon the Speaker signed said enrolled resolution.
Ordered that it be transmitted to the Mouse of Represents"
tives. k
Mr. Ilolman returned a bill authorizing letters of administra-
tion to be granted in certain cases, winch "together with a bill for
the benefit of the estate of Robert V. McGimpsey, were several-
ly read a third and last time in both houses, passed snd ordered
to be enrolled.
A bill to increase the revenue of the different counties in this
State was taken upon its second reading. Mr. Gillespy offered an
amendment makingitthe dutyof the clerk and treasurerof thecorn-
inon school commissioners to report annually to the bank of the
State the amount of monies received under the provisions of this
act, and the duty of the President and Directors of said Bank to
charge each county with the amount so received, which was re-
jected. Ayes 8—Noes II.
The ayes and noes on said question being constitutionally de-
manded by Mr. Gillespy,
Those who voted in the affirmative are,
Air. Andrews, Brabson, Gillespy, Greene, Holman, McClellan,
Mclver, Murray,—8.
The negative voters are,
Air. Sp eaker, Anderson, Bradford, Burford, Davis, Field, Jet-
ton, Ly tie, Perkins, PolkpWyly 11.
And so said amendment was rejected.
Mr. Brabson then offefed an amendment in lieu of the whole bill,
Whereupon the question was had, will the Senate agree to said
amendment? and determined in the negative. Ayes 9—noes 10.
soo,
The ayes and.noes on said question being constitutionally de-
manded bv Mr. Gillespy,
„ -TCe affirmative voters are,
•Mr. Anderson, Andrews,Brabson, Burford, Gillespy, Greene,.
Dolman, .MeClellan, Murray,—9.
The negative voters are;
Mr. Speaker, BradfoH, Davis, Field, Jetton, Lytle, Mclver,
Perkins, Polk, Wyly—IB. ' " '
And so said amendment was re jected.
Air. Perkins their ofterqd an ani«ndiiient to said ^bill which was'
agreed to. rirereupou the question was had, shaii the bill pass ?
and determined in the "affirmative. " . ^•
' The ayes and noes on said question'being constitutionally de-
manded by Mr. Gillespy,
The affirmative voters are, . .
Mr. Speaker, Anderson, Brabson, Bradford, Bufford, Holman,
Lytle, MeClellan, Perkins, Wyly-*-lO. '
The negative, voters are, .
Mr. Andrews, Davis, Field. Gillespy; Greene, Jetton, Mclver,
Murray,. Polk—9.
And so, said bill passed a second reading.
A.bill to revise and arpen I an act entitled an act to establish a
system" pf,common schools, and to appropriate school funds in
this State was taken up.
Mr. MeClellan moved an amendment thereto which was agreed
to. Mr. Field then withdrew the bill for further amendment.
r On motion of Mr. Greene,
Ordered, That
The committee on forfeited lands,
The committee on [the] Hiwassee district,
The committee ou Internal Improvement, and
The committee on new counties and county lines, be discharg-
ed from the further consideration .of the matters and things to
them referred. ^
On motion of Mr. Murray,
Ordered, That Messrs. Wyly and Brabson be added to the com-
mittee on enrollments.
On'motion of Mr. Murray,
Ordered, That the committee on claims be discharged from the
further consideration of the matters and things to them referred.
' *Mr. Brabson then moved to adjourn until tomorrow morning,
at 9 o'clock.
Whereupon.the question was bad, "Will the Senate adjourn
as moved," and determined in the negative—-ayes 9, noes I I.
[^iThe ayes and noes on said question beutg constitutionally de-
manded bv Mr. MeClellan,
sol
Those who voted in the affirmative are,
Mr Anderson, Biabson, Bradford, Davis, Gillespy, Greene,
H dman, Jetton, Perkins—9.
I' ie negative voters are,
Mr. speaker, Andrews, Burford,Field, Lytle, ^IcClellan, Mo
Jver, Mnrra), Polk and \V 31)—-It)
And sq the SensftP retu»ed to adjourn.
A bill to amend the laws now in force in relation to the turn-
pike road across Cumberland mountain, of which Samuel Harris
proprietor. bill to alter the time of holding the regimental
muster in the 112tli regiment. A bill to regulate the practice tip-
on writs of Mandamus; were severally read a third and lasttime
in both Houses, passed and ordered to be enrolled.
A bill was taken up, on its third reading, to incorporate the
Columbia Female Academy.
Mr. Mcl ver otfeiedari amendment thereto, which was received
and agree! to, ami the bill passed a third reading.
A bill to provide for enumerating the free white male inhabit-
ants in this State. A bill to extend the Lynchburg and jMew riv-
er rail road to Knoxville; were severally read a'third and last,
time in both houses, passed and ordered to be enrolled.
A bill creating a board of internal improvement for the <courity
of Gil es, was taken up on its second reading.
Mr. Polk offered an amendment thereto, ^hiclv was agreed toj
and the bill read as amended a second time and passed,
A bill for the benefit of MoNairycounty. AbiU'for^lie relief
of John Rayburn. A bill to amend the laws incorporating th6
inhabitants of the town of Alexandria in Smith county, and for'
a precinct election at Commerce, in Wilson county. A bill to
incorporate the town of Williamsport in the county of Maury,
and to extend its limits. A bill concerning Trustees. A bill for
the benefit of Henry Lightfoot and Joseph Hodge. A bill for
the relief of David Weir, of Carroll county. A bill, for the ben-
efit of Richard Rushing, jr. and Anderson Smith. And a bill for
the relief of Samuel Hunt, late sheriff of Washington county,
and for other purposes; were severally read a second time and
passed.
A bill to distribute the surplus books in the Secretary's jbfficev
arid for other purposes. A bill for the encouragement «of 6a«lt
works. A bill to authorise the county court of Knox, to levy a
tax to aid in erecting a new court house, and for other purpose;?1.
A bill for the benefit of William Mothershead. A bill to amend'
the laws heretofore passed in this Stale, authorising each county
to establish and control a poor house,Vvere severally read a third
and last time in both houses, passed and ordered to be enrolled.
A bill for the relief oP Thomas File and Jeplha Billmgsly. A
bill for the benefit of John Waters, of Smith county. And a bill
JVIM
2>G2
. for the relief of Wesley Simmons and others, of Claiborne coun-
<y; were severally read a third time and passed,
- A hill to trail-de r a cause now pending in the supreme court of
this State at Jackson, in the county of Madison, to the supreme
court at Nashville, iri the county of Davidson, was taken up pn Us
second reading,and, on motion of Mr. Murray, indefinitely post-
'ponrd.
Mr; Greene withdrew for amendment,
, A bill to amend an act entitled an act to establish a system of
'common schools, and to appropriate the school funds of this State;
passed January 14th, 1830. ...
v ..A'bilt for the benefit of John Sharp, was read a third and last
time in both houses, passed and ordered to be enrolled.
A hill to authorise the ,militia officers of the different regiments
in this State to divide the same into three battalions if they think
proper, provided the regiment contains twelve or more militia
companies. A bill to incorporate the Memphis rail road compa-
ny. A bill requiring the acts of public and general nature to
be bound. A bill to amend the laws now in force and use in this
State authorising persons to sell groceries which they may have
purchased with produce. A bill for the benefit of the regiment of
cavalry attached to the 12tb brigade Tennessee militia. A bill to
alter the, time of holding ihe county courts in the county of
Washington. And a bill'for the relief of Vredenburgh Thotnp-
son of Jefferson count}-, add for other purposes, were severally
read a second time and passed.
A bill to regulate the fees of clerks, was taken up on its sec-
-ond reading,
And thereupon the question was bad, "Shall this bill pass?'*
and determined in the affirmafive—ayes 12. noes 7.
The ayes and noes upon said question being constitutionally
demanded hyMr. Davis,
Those who voted in the affirmative are,
Mr. Anderson, Andrews, Brabson, Bradford, Burford, Field,
Gillespy, Greene, Molman, McClellan, Perkins, Wyly—12.
The negative voters are,
Mr. Speaker, Davis, Jetton, Lytle, Mclver, Murray, Polk—7.
And so said bill passed a second reading.
SATURDAY, 17th DECEMBER, 1831.
Mr. Wyly presented a petition from J. Newnan, which was
read, and on motion of Mr. Field, laid on the table.
Mr. Polk from the committee oh enrollments, reported as cor-
rectly enrolled, 1
SOS
An act for the benefit of the estate of Robert V. McGimpsey.
An act to authorise Andrew Taylor, jr. to build a fish trap. An
act for the benefit of Thomas Travis, of Fentress cmwity. An act
to repeal part of an act entitb d an ant to make two regiments by
a division of the 5th regimen , passed J2'h October, 1829. An
act for the relief of Jaws H Mosly. An act for the relief of
Charles McNally, of McMiirri county. An act for the relief of
Dempsey Corbet and Christopher Corbet, and others. An act
for the relief of James Johnston. An act for the relief of A»ny
Wherry. An act to regulate the practice on writs of Mandamus.
An act for the benefit of Isaac West, of Henderson county, and
for the encouragement of iron works in the Western district.
An act for the benefit of the former jailer of Marion county. An
act for the Felief of Eliza Ditinme. An act to authorise the es*
tablishment of a town on the lan 1 of Robert Robsor), of Hardeman
county. An act to amend the laws i ow in force in relation to the
turnpike road across Cumberland mountain, of which Samuel Har-
ris is proprietor. An act authorising letters of administration! to
be granted in certain cases. An act /or the benefit of John B.
Rogers and Archibald C. Rogers, of Fentress county. An act to
distribute the infantry tactics for the use of the militia. An act
to authorise the commissioners of the Bean Station turnpike road
to pay interest on certain monies. An act to amend the penal
laws of this State, passed in 1S29—30. An act to amend'an act
entitled an act to incorporate the Franklin turnpike company, arwl
for other purposes. An act to alter the line between Overton and
Fentress counties. An act to amend the laws now in force regu-s
latingthe townof Jonesboru, in the county of Washington. An
act to compel the owners of turnpike roads arid toll bridges to.
keep the same in repair. Art act for thebeneht of securities in-
cases of Peace warrants. An act to tax-retailers o! spiritous li-
quors, and to appropriate the monies arising there'Vom to the use
of schools. An act for the benefit of James Drerinen, of Wilson
county. An act to prevent trespasses upon school lands in Wil-
son county. An act further to define and extend the jurisdiction
of Justices of the Peace. An act for the benefit of Aser Wylv.
An act for the relief of the securities of Joseph Stone. And an act
concerning free persons of color, and for other purposes.
Whereupon the Speaker signed said acts, and ordered them to
be transmitted to the House of Representatives.
Mr. Holman submitted the following:
Resolved, by the General Assembly .of the State of Tennessee,
That James Taylor be, and he is hereby appointed, a Justice of
the Peace in and foi*"the county of Jackson.
Whereupon the rule'requiring resolutions to be laid on the tat
ble for one day was suspended—on motion of'Mr. Holman,said ?£•
solution adopted'
304
Ordered that the clerk acquaint the House of Representatives
therewith, and ask their concurrence therein.
A message from the House ol Repi esentalives by Mr. Campbell
their clerk.
MR. SPEAKER,
The House of Representatives non-concur in
your amendments proposed to a bill to divorce Henry Anderson
from his wife Fann} Anderson, and for other purposes. And
then he withdrew.
Whereupon the Senate receded from said proposed amend-
merits, and the bill was read a third and last time in both hous-
es, passed and ordered to be enrolled.
Mr. Field withdrew for amendment,
A bill to incorporate the holders of stock in the bank of the
State of Tennessee.
A message from the House of Representatives by Mr. Campbell
their clerk.
MR. SPEAKER,
The Speaker of the Senate did this day sign
enrolled bills and resolutions of Jie following titles, (to wit:)
An act to provide for the payment of the expenses incurred on
the trial of Judge Haskell. An act to allow the Sheriffs of Obion
and Dyer counties, longer time for the payment of certain taxes,
and for other purposes. An act to compensate Samuel G. Smith
for services rendered and moneys (.xperm'ed in the strvice of the
State. An act supplemental to an act entitled an act to appro-
priate the school lands in the Hiwassee District lo the use of
schools for the instruction of children therein, passed at the pre-
sent session of the General Assembly. An act limiting prosecu-
tions for misdemeanors. An act relative to the registration of
deeds and mesne conveyances. An act for the benefit of Jonas B.
Silis of Obion county. An act for the benefit of the citizeus of
the town of Kingsport in the county of Sullivan, and for other
purposes. An act for the Benefit of John Sandford and Stanley
Mitchell and others An act to regulate receiving toll at Robert
Jetton's and John Elliott's turnpike gate at Sandy bridge in Car-
roll county. An act for the benefit of James Childress. And a
resolution appointing justices of the peace for the counties of Bed-
ford, McMinn and Hardeman.
The House of Represem atives have adopted a resolution ap-
pointing j ustices of the peace for the counties of Rutherford, Jef-
ferson and Henry, in which they ask your concurrence. And
then lie withdrew.
Whereupon tne Speaker signed said enrolled bills and ordered
theni to he deposited in the office of the Secretary of State.
And the Senate concurred in the resolution appointing justices
of peace for the counties of Rutherford, Jefferson and Henry.
SOS
Ordered that the clerk acquaint the Hotfse of Representatives
therewith.
A bill to change the time of hoi ling the Supreme court at Jack-*
son. Vnd a tu 1 tnrt'ie bepefit of James Young of Sparta, were
severally read a third and last time in boil) houses, passed, and
ordered to b« enrolled.
A bill for the ben (Vet of the heirs of William Shinnault. A bill
to amend the Registration laws, arid for other purposes. And
a bill to encourage the manufacture of Salt, were severally read
a second time and passed.
A bill fop the relief of t .o»e who may have balances of land war-
rants unappropriated in the offices of the several Surveyors Gen-
eral South and West of the Congressional reservation line. And
a bill to establish aboard of internal improvement for the tnoun-
tain District, were severally read a third time and passed.
A bill for the relief ol William Kanardaqd others, Was read a
third tune mid rejected.
The ayes and noes upon the-question of passing said bill being1
constitutionally demanded by Mr. Field,
The affirmative voters are are,
Mr. Andrews, Gillespy, Greene, Doltnan, Lytle, 5.
The negative voters are,
Mr. Speaker, Anderson, Brabson, Bradford, Burford, Davis, Field,'
McClellan, Mclver, Murray, Perkins, folk, Wyly—12.
And so said bill was iejicted. i
Mr. Bradford offered a protest against the printing of theTrea*
surer's report as resolved upon yesterday, and demanded that thO'-
same be spread upon the records.of the Senate.
Whereupon the question was had, shall the protest be spread,
upon the Records? and decided in the affirmative. Ayes 17-^
noes 2.
The ayes and noes on said question being constitutionally de-
manded by Mi. Bradford, *
Those who voted in the affirmative are,
Mr. Anderson, Andrews, Brabson, Bradford, Burford, Davis,
Field, Gillespy, Holman, Jetton, Lytle, McClellan, Mclver, Mur-
ray, Perkins, Polk, Wyly—17.
The negative voters are,
Mr. Speaker, Greene, 2.
And so said protest wras ordered to be spread upon the records,
and is in the words following, viz:
I protest against the printing of the Treasurer's report of the
2«3d day of September, professing to give an estimate of the siiua-
lion of the treasury at, the cldse of the last General Assembly, be-
Cause I believe that many items of expense incurred before the ad-
journment of that Legislature are not included; nor were they in-
eluded in his report made upon a subsequent call, Therefore be-
&06 *
•lieving the report of the committee of Finance at this session,
which has unfortunately not yet been made, tvonld prcse.pt the
whole facts about the situation of-the public treasury at that time,
and i hkt the report ordered to be .published does not. give a full
exposition of its situation-, I protest against its being published.
.(Signed,)'
THEO. F. BRADFORD.,
A bill to provide for the establishment of the Southern boundar
ry line of this State-, A bill'for the purposes therein mentioned.
And a bill for the benefit of the executor and legal representatives
of Robert Henry Dyer, deceased, were severally read a seco.nd
time and passed.
Mr Greene submitted the following:
- Resolved^ by the'General Assembly of the State of Tennes&ee,
That Robert McCrea be appointed a Justice of the Peace for the «
county of Hamilton; .
Resolvid, That John Parda be appointed a Justice of the Peace-
, for the county of Rhea. .. >
And on motion of Sir. Greene, the rule requiring resolutions
to be laid on the table for one. day being suspended, said resolu-
tions were adopted.
Ordered that the clerk acquaint the House of Representatives
therewith, and ask their concurrence therein.
■ Mr. Bradford submitted the following,
Whereas, according to the report of the committee appointed
to ascertain the amount due to the different academies in this
State, the Bradley academy in Rutherford county is charged with
six hundred dollars loaned to Joseph Dickson, many years ago:
And whereas it is believed that the' said Joseph Dickson long
&ince paid the said sum of six hundred dollars, and that said a-'
cademy is only chargeable with the interest, therefore, be it re-
solved, that the cashier of the State Bank, in adjusting the ac-
count with said academy, do charge it only with two hundred
and sixteen dollars and the interest arising on that amount from
the time the academy money was funded in bank, until the same
was authorised to be drawn therefrom.
Whereupon, on motion of Mr. Bradford, the rule requiring res-
olutions to be laid on the table for one day, was suspended, and
said preamble and resolutions were adopted.
Ordered that the clerk acquaint the House of Representatives
therewith, and ask their concurrence therein.
A bill for the Benefit of John W. P. Mc.Gimpsey and Flora Mc-
Gimpsey. A bill to amend an ac.t entitled an'act for the relief of
executors or administrators; passed December 31, 1829. A bill
to authorise the county court of Greene, to grant to Robert C.
Gordon the privilege of erecting a toll bridge across Lick creek,
in the county of Greene* A bill to amend the laws incorporating
sor
the Inhabitants of the town of Alexandria, in Smith county* and'
for a precinct election at Commerce, in Wilson county, A bill-
to icn Icr tlif 11 i Is jyirg b 't,n urt lValker\ line- anil the Jlrue line
of \T» t i 35°, 3 I' su ij< ct t« t ixition. A hill to regulatq the pro4
Cec li j;<* i i <■ u eery in thra State. A bill to incorporate the
K i >xu leunrt S hi cru rail mail cn nparif. And a-bill-to amend
en «»<t i ntiil d a i act to t u I * ori.se Thomas. Wheeler, of Campbell
c hi"C, t ><>pen a t irnpike roni, passed December 13, iS27;were
brverrtll y r» a J a tLijr I tiwie a id p issed.
A bill to cinptf guaidians to give new securities in cerfaift
cases. A hill tor the relief of William Polk. A bill to divorce
Anna Ball from her hosband William Bill. And a bill to incor-*
porato a co npany fi r opening a turnpike road; were severally
read a second time and p issed.
A bill f >r tbe benetj of tile heirs of Col. John Tipton, late of
the llo i-e of II epn s ntttives, deceased. And a bill -concerning,
the 8' a' of justice in I ie Co intv ol Wayne; were severally readta-
thir 1 and la*«t ti n»- in bo h Houses, an 1 passed with an order to be
enrolled. ,
Mr. Field from the joint select committee bn captains'- -compa*
nies and justices of the peace, made a report'which was read and
ordered to be transmitted to the House of Representatives,
A bill to provide for the removal of obstructions in Elk riverl
tvas taken up on its third and last reading in both houses. ' Mr.
Field presented sundry documents in relation to said bill which
were received.
On motion of Mr. Wyly said bill and documents were referred
to a select committee.
The Speaker appointed Messrs. Brabson, Andrews and Mc-
Clellantobe of said committee.
A message from the House of Representatives by Mr. Campbell
their clerk.
MR. SPEAKER,
The Kouge of Representatives concur in
your resolution appointing a justice of the peace for the county
of Hamilton and a justice of the peace for the county ol Rhea.—
They have taken up on a third and last reading in both houses, A
bill to establish "a board of internal Improvement for the counties
therein named, and have adopted an amendment in lieu of the
whole thereof, in which they ask' your concurrence. And then
he withdrew. *
Whereupon the Senate concur in said amendment.
Ordered that the clerk acquaint tbe House of Representatives
therewith.
A bill to provide for holding a chancery Court' in the town of
Monroe in Overton county. A bill to provide for the payment of
the costs in the suit of the State vs. Charles McNally. A bill to
305
amend an act entitled an act for the relief of occupants south and
west of the congressional reservation line. And a bill for the
benefit of Leonard Cardin of Monroe county, were severally read
a third time and passed.
A bill for the relief of William Carter, form*r sheriff of Carter
county, was read a third and last time in both houses, passed and
ordered to be enrol led.
A bill to compensate Charles P. Keith for services as comrnis-
sioner in adjudicating Hiwassee improvements was taken up.-Mr.
Greene offered an amendment providing for paying George 'W.
Woods for moneys expended for horse hire, ferriage, &c. in serv-
jng process in the. case of the trial of Joshua ilaskell, which was
received, and the bdl was read a third time aiid passed,
A bill to authorise (be erection of turnpike bridges and cause-
ways across the middle and little north forks and bottoms of Fork-
ed Deer river, in Giosun county,'was read a second time and
passed.
A bill to authorise a division of the 1st regiment of the Tennes-
see militia in the county of Washington, into two distinct regi-
ments, was read a third and last time in both houses, passed,
and ordered to be enrolled.
A bill for'the relief of Nathan Haggard, was taken upon its
third reading,
Mr. Perkins offered an amendment in favor of Nimrod Dodson;
which was xeeeived.
Thereupon the question was bad, "Shall the bill pass?" and de-
cided in the affirmative—ayes 8, noes 7.
The ayes and noes on said question being constitutionally de-
manded by Mr, Murray,
Those who voted in the affirmative are,
Mr. Andrews, Bradford, Gillespy, Holman, Jetton, Lytle, Per-
kins, Wyly—8.
The negative voters are,
Mr. Anderson, Brabson, Burford, Field, McClellan, Mclver,
Murray—7.
And so said bill passed a third reading.
A bill establishing a volunteer military company, to be called
the Nashville Greys, was read a third and last time in both bous-
es, and ordered to be enrolled.
A bill to provide for holding a chancery court at Knoxville and
Athens, was taken up on its second reading.
Mr. Anderson offered an amendment in lieu of the whole.
Whereupon Air. Greene moved an indefininite postponement of
the bill and amendment.
Whereupon the question was had will the Senate indefinitely
postpone said bill and amendment? and determined in the nega-
tive. Ayes 8—noes 10.
309
The ayes and noes being constitutionally demanded Upon said
question by Mr. Anderson
The affirmative voters are,
Mr. Andrews, Brabson, Gillespy,Greene, Mclver, Murray, Pef-
kins,
The negative voters are,
Mr, Speaker, Anderson, Bradford, Burford, Field, Holman, Jet-
ton, Lytjer McCiellan, VV^Iy—Id.
And so the Senate refused to postpone indefinitely.
Mr Greene then moved to strike out Anderson county.
WJiereupon the question was had, will the Senate strike out as
movedfand determined in tfie negative. Ayes 9—noes 9. .
TJie ayes and noes on said question be^ng constitutionally de*
manded by Mr. Greene,
Those who voted in the affirmative are,
Mr. Speaker, Andrews, Brabson, Burford, Gillespy, Greene,
Lytle, Mclver, Perkins—9,
The negative voters are,
Mr. Anderson, Bradford, Field, Holman, Jetton, M-cClellan*
Murray, Polk, Wyly—9.
And so, there being an equal division, said motion was lost.
Mr. Gillespy moved to strike out the county of Blount, which
was agreed to.
Mr. Gillespy and Mr. Murray severally offered amendments "to
the amendment offered by Mr, Ahderson, which were agreed
to.
Mr. Brabson offered an amendment in lieu of the whole, pro-
vidiog for the repeal of all laws establishing chancery courts,
and for the transfer of the. caused therein pending to the circuit
courts. , *
Whereupon the question was had, "Will the Senate receive said
amendment?" and determined in lhc negative—ayes 2, noes 14.
The ayes and noes on said question being constitutionally de-
manded by Mr,. Brabson, k
The affirmative voters are,
Mr. Brabson, Bradford—2. ^
Those who voted in the negative are,
Mr. Speaker, Anderson., Andrews, Burford, Field, Gillespy,
Holman, Jetton, Lytle, McClellan, Mclver, Blurray, Perkins, Wy*
ly—14.
And so said amendment was wjected,
The amendment offered in We'if of tbejwhole bill by Mr.' Ander-
son, was then agreed to as amended,-and the bill as amended read
a second time and passed. , •,
Mr. Polk from the cou*mi4.tee» on enrollments, reported as truly
enrolled,.bills and resolutions of the following tilled, (to wit:)
An act for the benefit of Thomas PL FJetchfr and Dempsey
Nn
540
,Powell. An act supplemental to an act passed December 6th,
1825, entitled an act to authorise Win. Reynolds, of the county
of Greene, t0 open and establish a turnpike road across Paint
mountain. , An act to amend the Judiciary system of the State pf
Tennessee. An act for the benefit of Joseph Dwyer. An act to
amend tlie act incorporating the town of Bolivar, in Hardeman
county. An act for tpe benetit of Thomas L. Gray, of Haywood
county. A resolution appointing a Justice of the .Peace for Ham-
ilton county. A resolution appointing James Taylor a Justice of
the Peace for Jackson county. And a resolution appointing a
Justice of the Peace for Rhea county.
The Speaker signed said enrolled bills and resolutions, and or-
dered them to be transmitted to the House^ of Representa-
tives.
A bill for the< benefit of Wrn. P. Steagauld. A bill to revise
and amend the act entitled an act to establish a system of com-
mon schools, and to appropriate the. echo,ol lar/ds of this State.
A bill to extend the north boundary line of the corporation of the
town of Lebanon. A bill to protect the estates of orphans, and
for other purposes. A bill to provide the means by which the ex-
istence and locality of Matthews'line is established. A bill to
authorise the clerk of the circuit court of Fentress county, to
keep his ollice at his own house. A bill for the benefit of Wm.
15. Loftjn, Leonard P. Cheatham and Stephen Lacey. And a bill
.directory to the Treasurer of the Western District; were severally
read a second time and passed.
A bill to establish the Memphis railroad company7. A bill for
the relief of the citizens of Carter, Fentress, Morgan and others
therein named. A bdi concerning Trustees. A bill to regulate
the fees of clerks. A bill to reduce the fees of clerks lor record-
ing an account current. A bill for the relief of Peter North, of
.Jefferson county. And a bill to regulate Ware houses; were sev-
erallyread a third and last time in both houses, passed and or-
dered to be enrolled.
A bill for the benefit ofLucinda Allen, widow and relict of
William Allen, deceased, or legal representatives of said dece-
dent. A bill making the bridge at Shelbyvil!e toll free, and for
other purposes A bill to repeal part of an act passed the 7ih
January, 1830, chapter 86. A bill to explain and amend he law
concerning executions issued by a Justice of the Peace on at*
tachments. A bill declaratory of (he law concerning contempts,
arid for other purposes. bill to amend an act passed 9th Octo-
her, L517, regulating the town of,'Charlotte, in the (jounty of Dick-
son. A hill to authorise appeals from judgments for contempts.
A hill for the relief of John Rayburn. A bill to make lawful
grants and entries within five miles of the narrows of Harpeth.
And a bill for the relief of Vredenburgh Thompson, of Jeff'er-
341
son county, and for other purposes, tvepe severally read" a third
time and passed*
Mr. Fitdd returned without an aijj*n<Jrpf:nt,
A bill to lncr riu>r tetlm subscribers to the bank of Tennessee.*;
which was tnV u i » ctj Us scgoud reading; and Several, amend-
meats otfered It r tn, v\ fch were u 'gfed to.
The bill was then read as amended a second time.
Thereupon the question .was had, "-Shall this hill pa&s?" add
determined, in the affirmative—ayes 14, eoCs 3.
The ayes and noes on «ai<d question heijng con$tittitiona])y dm
manded by Mr. Brabson,
Those who voted 1n the' affirmative are, ,
Mr* Speaker, Anderson, Andrews, Davis, Field* feilWpy, Hoi-
man, Jetton, Lytle, McClellan, Mclvfer, Murray, Polk, Wyly—14.
The negative voters are,
Mr. Brabson, Bradford, Burford, Greene, Pferkkis—6.
And so said bill passed a second reading. '
Mr. Polk, from the committee on ehrollmefftS, reported as truly
enrolled, ' '
An act authorising George IV. Wood td open a turnpike road.
Whereupon the Speaker signed said enrolled bill, a-pd ordered
that it be transmitted to the House ofRepresentatives. \
A bill to establish the 124th regiment of Tennessee militia wai,
on motion of Mr. Mclver, indefinitely postponed.
A bill -to establish a circuit coAri of Law and equity for flie
county of Davidson. A bill fo/the benefit of John BrowD* A
bill for the relief of the heirs op Thomas Alsup, deceased. A bill
to furnish Major Charles AbeJs volunteer company of cavalry, of
Lincoln couqty, with sword*-and pistols. A bill regulating re-
turns of writs to the suprftne coprt. A bill to prevent the entry
or settlement of lauds ]/in% south of Winchester's line. A bill
to change the time of folding battalion musters ib the 22nd regi-
ment of Tennessee mkitia. A bill to change the pirnes and make
legitimate the persons therein named. A bill for the benefit, of
Gabriel Foulkes. And a bijl fof the benefit of Mitchell & Banks;
were severally read a second lime and passed.
A bill for the benefit of the regiment of cavalry attached to the
12th brigade Tennessee militia. A bill to incorporate the town of
Williamsport in the county of Maury» and to extend its limits.
A bill to amend an act entitled "ao act tpmak^j entries liable to
executions in the Hiwasseq District; pfis?ml December 12th, 1837.'
And a bill to compel the commissioneVs of,the 6o0nty &eat of
Moilroe county to make settlement, were, geierully, read a third
time and passed. « 1
A bill to raise twenty thousand dblhrs to Jesse Allen to build a
bridge across Ca.ney Fork, was taken up on its second read-
iQS'
312
.And (hereupon the 'question was had, Shall the bill pass? and"
determined in the negative—ayes 8, noes 9. . : '
The ayes and noes, being demanded constitutionally by Mr.
Murray, . .
The affirmative voters are,-. , , t
Mr. Andrews, Bradford, Fiel^l, Gillespy, IXolrnan, Lytle, Mcjyqr,
Perkins^—8. ,. s
The negative voters are,
"Mr. Speaker, Brabsony Burford, Davis, Greene^ Jetton, McClel-
lap, Murray, -Wylyr—9. . - , *
And sp said bill was rejected. . , , ,
A bill to repeal (he act entitled an actio cr,eate a new.militia
company ih-the pounty of Wilson, , was read a -second tipie and
passed. . . ' ' „ • ,
Mr. Hoi man vtnove.d a suspension of a rule prohibiting the re-
consideration of bills rejected, after Jhe aspiration of one day;
which motion prevaded. . ■ ,. ■ • -
Whereupon Mr. Hqlman proved the reconsideration of
A bill to transfer a c^use IVom the supreme court at Jackson
to the supreme court atN^ashviile.
And, thereupon the question was bad, Will the Senate recon-
eider said bill? anddetermihyd in the negative—ayes 8, noes 9.
The ayes and noes being^demanded constitutionally by Mr.,
Brabson, v
The affirmative voters are,
Mr. Speaker, Anderson, Bradford, Field, Holman, Lytle, Per*
kins, Wyly—8. . , \
The negative voters are, \
Mr. Andrews, Brabson, Burford,vGir^spy, Greene, Jetton^ Mc-
Clellan, Mclver, Murray—9. \
And so said motion was overruled.'
A bill to repeal a part of the 55th sections of an act to reform
and amend the penal laws of tlie State of,Tennessee, was taken
up on its second reading.
And thereupon the question was bad, Shall tin bill pass? it was
determined in the affirmative—ayes 11, noes 3,
The ayes and pops being constitutionally demanded by Mr.
Brabson,
. The affirmative voters are, >
Mr, Andrews, Bradford, Field, Gillespv, Dolman, Jetton, Ly-
tie, McClelbm, durfay., Perkins, Wyly — U.
The negative vceers ar^,
Mr. Anderson," Brandon, Burford—3.
And so said bill passed its second reading.
sis
MONDAY, 19th DECEMBER, 1831.
Oiv.motion of Mr. G'llespy Ids resolution proposing to rescind
a res lintioii licrsfd'orc a.lupted, thafrftiis General Assembly do
aijojrn ofi IMondiv UHb inst, whi6b wasdard on the table, was
t«*ke» up. Mr. Gidespy moved to filltlle blank insaid resolution
with Thursday Slstin-st-. , *
Whereupon lh« question was hael, shall the blank be filled as
moved, and determined jfi the negative. Ayes fi-rmoes 12,
The &ye$ and rtoe» P" Mtid^uesttion^eihg constitutionally de-
manded by Mr.Bradldid,
ThbseWfio voted in tho affirmative are,
Mr. Brabson, Davis^ Frey, Gillespy, Holman, S.
The negative voters are,
Mr. Speaker, Anderson, Andrews, Bradford,-Burford^ Field,
Jetton, Lytle, Mclver, Murray, Folk, Wyly-^l^.
And so said motion tvas losti "> \ .
Mr. Burford moved to fill the blank in said resolution with Wed-
nesday next. - 1
Whereupon the question was bad "shall thd blank be filled as
moved, and determined in the affirmative. AyeS l^r-poes 5.
The ayes and noes on said question being constitutionally de-
manded by Mi. Bradford,
Those who voted in the affirmative are,
Mr, Speaker, Brabson, Burtord, Davis, Field, Frey, Gillespy,
Holinan, Jetton, Mlver, Murray,Polk—12.
The negative voters are,
Mr. Anderson, Andrews, Bradford, Lytle, Wyly—5.
And so said blank was ordered to be filled with Wednesday
next. . '
Whereupon said resolutions were adopted.
Ordered, that the clerk acquaint the House of Representatives
therewith and ask their concurrence therein.
Mr. Frey offered the following resolution,
Resolved, That so much of a Resolution adopted, requiring the
two branches of the General Assembly to meet on this day for the
purpose of electing Judges, &c. as relates to the election of Trea*
surer and Reporter be rescinded- * ,
And that the Senate meet the House of Representatives in their
hall on Wednesday next, at 10 o'clock for the purpose of elect-
ing a treasurer for middle Tennessee, and a Reporter* and a Casli-
ier and Directors of the Bank of this State'. ,
And moved that the rule requiWng resolutions to be laid on the
table for one day be suspended; which was agreed 16.
Mr. Gillespy then submitted the following in lieu Of said reeo-
lution.
Resolved, That a resolution afiopled requiring the two branches
fo meet on this day for the purpose 'of electing a chief Justice,
' and an associate Judge of the Supreme court—a Reporter of the
decisions of the Supreme court—and a' Presi lent and Directors of
of the 'Bank of the State o'f Tennessee be reeinded.
And that the Senate meet the House of Representatives in their
Hah on Wednesday next at 1 i okilook, for the purpose of elect-
ing a chief Justice arid an associate Judge of the Supreme court,
a Reporter and a President, Cashier and Directors of the Bank -of
the State of Tennessee,. ancTTnspfectors of the public jail and pen-
itentiary of this State, and a Treasurer of middle Tennessee. •
, • Whereupon the question was had, will the Senate receive the
substitute iti lieu of,the Resolution submitted? and determined in
the negative!! Ayes S—noes 10.
The ayes and noes on said questipn being constitutionally de-
marided by Mr. Wyly;
Thdse who voted in the affirmative.are? *'
Mr. Brabson, Bradford, Davis, Frey,Gillespy, Holman, Murray,
Tqrkiris, 8.' ^
The negative vofers are,
Mr. Speaker, Andersom, Andrews, Burford, Field, Jetton, Ly«
tie, Mclver, Polk, Wyly, 10.
And so the Senate refused to receive said substitute.
The resolution submitted by Mr. Frey was then on motioq of
Mr. Burford, read and adopted.
s Ordered that the clerk acquaint the House of Representatives
therewith and ask their concurrence therein,. ' •
A resolution heretofore received from the House of Represen-
tatives, to authorize'the appointment of a surveyor or com mis*
sioners to run and mark the Southern boundary tine of this State;
was taken up, read and concurred in.
A bill for the relief of Mathew M'Clanahan, late sheriff of Ru-
therford county; And a bill to do justice to the several counties
in this State in which school taxes are collected, were severally
read a second time and passed.
A bill for the relief of Martin Mooney and William Mooney, jr.
of White county. A bili to amend an act - passed at the present
session of the General Assembly entitled -an act giving further
time for surveying entries and obtaining grants thereon. And a
bill to prevent fraudulent practices in the possession and removal
of personal property, were severally read and rejected.
Mr. Field from the committee on enrollments reported as truly
enrolled,
An act to extend the Lynchbtjrgh and New River rail road to
Knoxville. An act for the relief of Peter North of Jefferson coun-.
tv. An act to reduce the fees of clerks for recording an account
current rendered by guardians. An act to authorise a division of
the 1st regiment of Tennessee militia in the county of Washing-
515
toft intotWo'distinct Regiments. An act to distnbftfe-tlie surplus
books in the Secretary's office, and for other purposes. An act
for the benefit of William Mothershead. An act to amend the
1 iws heretofore parsed in^his^tate hutborising each county to'es-
tablishmnd control a poor house. An ae.t for the relief of the cifi*
?enk of Carter, Fe*ti ess,Morgan and Ahdefsjon. An .act conberhn
ing trustees. An act to »h«r the time-of Atfldiog lb e regimental
musters in the 112th regiment. An. act distribute the infantry
tactics/or |hp use of the militia. An act to regulate warehouses.'
An acn to incorporate the Memphis rail road company
Whereupon the Speaker signed said acts# » r
O/dcredy. that they he transmitted to the IJouse of Representa-
tiv.es. f , 'f " ' „
A bill to'remove the Supreme'court 'from Reyiloldsburgh to
Centerville, was takejo up on its second reading. «
Mr. Davis moved to* amend thd sapae by striking out "Robeyt-
6on, Montgomery, Dickson," Which was- agreed la.
The question was then had, Shall this bill pass? arid determine
ed in the negative—ayes 3, noes 12. ' , '
Tjie ayes and noes on said question being constitutionally de-
manded by Mr. Davis,
Those who voted in the affirmative are,
Mr, pavis. Lytic, Polk—3.
The negative voters are,
Mr. Speaker, Anderson, Andrews, Brabson, Burford, Frey, Gil-
lespy, Jetton, McClellan,* Mclver, Perkins, Wyly—12.
And so said bill was rejected.
A bill prescribing the duties of sheriffs, in certain cases, and
for other purposes, was taken up.
Mr, Murray moved to reinstate tbe-originhl of said bill, which
was agreed to, ahd the bill read a third timemftd passed.
A message from the House of Representatives by Mr. Campbell
their clerk,
MR. SPEAKER,
The House of Representatives are now ready to
receive the Senate for the purppse of going into the several elec-
tions set apart for this day. And then be withdrew.
Whereupon tltq Speaker and gentlemen, members,of the Sen-
te, repaired to ttye hall of the Hous§ pf Representatives. And
thereupon the two hodses proceeded .by joint ballot to,the election
of a-chief Justice. Arid dpoiVdollectirg ,and countrngthe ballot^
it appeared that John Catron ,was duly elected chief justice of the
State of Tennessee,
The two houses next proceeded by joint ballot, to 'the election
of an associate judge to the Supreme bench of this State; and tip-
On collecting and counting the ballots upon the 5th balloting, Na-
than Greene was declared duly &nff<copstitutioUnlly elected.
316
' The ttyo Houses next proceeded by joint ballot to the election,
of inspectors for the penitentiary for the next ensuing two years;
and upon. collecting the Ballots, Robert'C. Foster, Sen., Moses
Ridley and Joseph Woods, were declared to be duly elected.
The two houses next proceeded to the-election of a President of
the Rank of the State of .Tennessee: And upon collecting and
counting the hallots, Eastin Morris .was declared to. he duly and
constitutionally elected.
. The two houses next proceeded by joint ballot to -the election of
a cashier and directors of said bunk. And upon'collecting and
counting the'ballots, Nicholas Mohson was declared-to be duly
find constitutionally elected cashier; and 'Win.-Williams, Willo.
Williams, James Barrett, Samuel G. Smith, E D. Hicks and E.
P. ConnellfDirectors of the said Bank of the State ofTennes-
see. '
... Whereupon the Speaker and gentlemen of the Senate repaired
to their own chamber:
A message from the House of Representatives by Mr. Campbell
their clerk
Mr. SPEAKER, .
The House of Representatives concur in your
resolution rescinding the joint resolution heretofore adopted, fix-
ing this day for the adjournment of this General Assembly. They
also concur in your resolution fixing Wednesday night next for
an adjournment of both Houses of the Legislature. And then he
withdrew.
Mr. Brabson from the select committee, to which was referred,
A bill providing for the removal of obstructions in Elk River
with sundry documents in relation thereto; reported the same
with amendments which they propose^ and recommend the pas-
sage of the bill as amended.
Mr. Perkins moved that the Senate non-concur with said a-
mendments, which motion was agreed to.
Mr. Field moved to strike out the word "Locks,"
Whereupon the question was had, will the Senate strike out as
moved? and determined in the negative; Ayes 7—noes 11.
The ayes and noes being constitutionally demanded by Mr.
Field,
Those who voted in the affirmative'are,
Mr. Field, Lytie, McClellan, Mclver, Murray, Polk and Wy-
The negative voters are,
Mr. Speaker, Anderson, Andrews, Brabson, Bradford, Burford,
Frey, Gillespy, liolman, Jetton and Perkins—11.
And so the Senate refused to strike out.
Mr. Field then offered an amendment in lieu of the whole bill
517
which was rejected. The bill was then read a third and last
time in both houses, passed and ordered to be enrolled.
A message from the House of Representatives by Mr. Campbell
their cleric.
MR. SPEAKER, . .
The House of Representatives concur in
the amendment proposed by the Senate to a bill to extend the
benefits of the 1st section of the act of'1829, chapter 40, passed
30th December, 1S29.
They have adopted a resolution appointing a Justice of the
Peace for Cocke county; in which they ask your concurrence.
They have received the resignation of Nathan Green, of the
■office of chancellor of the eastern division of this State; which
they have read and accepted, and ordered to be. transmitted to
the Senate. And then he withdrew.
Wh ereupon the Senate read a third-and last time,
A bill to extend the benefits of the 1st section of the act of
1829, chapter 40, passed 30th December, 1829; and ordered
that it be enrolled.
Concurred in the resolution of the House of Representatives
appointing a Justice of the Peace for the county of Cocke; arid
Read and accepted the resignation of Nathan Green, as chart-
cellor of the eastern division of this State.
Mr. Polk from the committee on enrollments, reported as truly
enrolled,
An act to authorise the county court of Knox county to levy a
tax to aid in erecting a new court house, and for other purposes.
And
An act for the benefit of John Sharp.
Whereupon the Speaker signed sa;d acts, and ordered them to
be transmitted to the House of Representatives.
Mr. Bradford submitted the following.
Whereas it is believed that the General Government can never
realize any thing from the remnant of land transferred to her by
the State of North Carolina, lying in the western district of Ten-
nessee, after the bone fide warrants, chargeable thereon, are sat-
isfied:—Therefore, be it resolved that our Senators in Congress
be instructed, and our Representatives requested,-to use their
exertions to procure a relinquishment by the General Govern-
rnent of said lands for the use of common schools in Tennessee.
Resolved, That in order to enable our Representatives in Con-
gr«*ss, to have the necessary information in relation to the sub-
ject; andk-sball be the duty of the Secretary of State to report to
them the arpount of North Carolina warrants* filed and unsatisfied.
And-that the surveyors south and west of the congressional res-
ervation line, report as near as they can ascertain, the amount of
vacant lands in their respective districts fit for cultivation, end
Oo
318
transmit the same to the Representatives in Congress from this
State. ' . -
Mr. Bradford moved that the nil^ requiring resolutions to he
laid on the table for one day, be suspended; which wasN agreed
to. .
Mr Murray moved to strike out tl\e words "in Tennessee," at
the end oi* the preamble, and to insert, in lieu thereof, "in the
W est**rn District of Tennessee." •
Thereupon the question was had, Will the Senate strike out and
insert as moved? and determined in the negative. Ayes 5—noes
12.
The ayes and no^s upon said question being constitutionally
demanded hy Mr. Murray,
The affirmative voters are,' .
Mr. Andrews, Gillespy, Lylle, McTyer, Murray—5.
The negative voters are,-
Mr. Speaker, Anderson, Brahson, Bradford, Burford, Davis,
Field, Ftey, Jetton, McClejian, P.-lk, Wyly—\2.
And so the Senate refused to make said amendment.
The question was then had will the Senate adopt the resolu-
tiou? and dttermined in the affirmative. Ayes 15—noes 3.
The ayes and noes on said question being constitutionally de-
manded by Mr. Murray,
The affirmative voters are,
Mr. Speaker, Anderson, Andrews, Brahson, Bradford, Burford,
Davis, Field, Gillespy, Jetton, Lytle, McCIellan, Perkins, Polk,
Wyly—15.
Those who voted in the negative are,
Mr. Frey, Melver, Murray*—3.
And so said preamble and resolution were adopted.
Ordered that the clerk acquaint the House of Representatives
therewith, and ask their concurrence therein.
A hill to establish the 12th Judicial circuit in this State, was
read a second time and rejected.
A bill to authorise M II Howard to build a mill or iron works
across Big Sandy, in the county of Henry. A bill for the benefit
of Richard Rushing, jr. and Anderson Smith. A bill to author-
ise Peter N. Smith to dispose of a certain tract of land and
slaves for the benefit of James Scott, deceased. A bill to alter
the time of holding the county courts in the county of Washing-
ton. And a bill for the relief of Samuel Hunt, late sheriff of
Washington county, were severally read a third and last time in
both Houses, passed and ordered to be enrolled.
A bill to authorise Alexander Dugger to open and keep up a
turnpike road, was read a second time and passed,
A bill for the benefit of the executor and legal representatives
of Robert Henry Dyer, deceased; and a bill to provide for bold-
$19
in? a chancery court at Knoxville and Madisohville, were sever-
ally read a third time and passed.
A bill to authorise Eii^ibetn Kertner, of the county of Jackson,
to sell certain lands. A bill to change the time of holding regi-
mental musters in the llih brigade of Tennessee militia. A bill
for the benefit ot Susan II. Pistole. A bill,for the relief of vVm.
Thompson and others. A bill for the relief Ot" Lewis floss. A
t»ill to appoint a Geologist, Mineralogist and Assayi$t for the State
of Tennessee. A bill to provide for holding a chancery court in
the totvn of-Monroe, in Overton county. A hill to divorce Dela-
ney Mitchell, of Grainger county, from fmr lul-ffiand, and for oth-
er purposes; were severally read a second time ami passed*
A bill to establish a treasury department fpr the mountain dis-
trict, was taken up on its second reading.
Mr. Brabson moved an indefinite postponement.
Whereupon the question was had, shall the bill be iridefi-
nitely postponed? and determined in the affirmative. Ayes 13—
noes 4.
The ayes and noes upon said question being constitutionally
demanded by Air. Holman,
Those who voted in the affirmative are,
Mr. Andrews, Brabson, Bradford, Burford, Davis, Frey, Jet-
ton, McClellan, Mclver, Murray, Perkins, Polk, Wyly—13.
The negative voters are,
Mr.,Speaker, Gillespy, Holman, Lytle—4.
And so said bill was indefinitely postponed.
A bill to prescribe the duties.of sheriffs in relation to the call
of a convention, was taken tip on its third reading.
Mr. Field offered an amendment thereto, providing for print-
ing ?00 additional copies of the report of the decisions of the
supreme courf, which was agreed to—ayes 12, noes 4,
The ayes and noes upon said question being constitutionally de-
ma ruled by Mr. McCleiian,
Those who voted in the affirmative are,
Mr, Speaker, Anderson, Andrews, Brabson, Burford, Davis,
Field, Gillespy, Jetton, Lytle, Mclver, Polk—12.
The negative voters are,
Mr. MeClellan, Murray, Perkins, Wyly—4.
And so said amendment was received.
The bill was then read as amended a third time and passed.
A bill authorising Jesse Lincoln and company to open a turn-
pike road, was read a second time and passed.
Mr. Burlord from the joint select committee on the boundary
line between ibis State and Kentucdy, made ihe following
Report: Of the joint select committee on that part of the line
of boundary and separation between the States of Kentucky an4
330
Tennessee, commonly called Walker's line, as run, retraced, and
marked by Messrs Munsell & Bright, commissioners in the year
1830.
The c.oin mil tee have instructed me to report that from a careful
and minute examination of the report of Messrs. Munsell &. Bright
-commissioners appointed by their respective States to run, retrace
and mark, part of. the boundary line between the two States, com-
monly. called Walker's line; and also from the plait of said line
made out by said commissioners, as run and re-marked, which the
committee have bad before them; the committee would feel per-
fectly well satisfied to recommend the adoption of said report, and
the boundary line as recommended to be established by said com-
missioners in their report, except, that part of the- report which
recommends that the State of Tennessee should yield to the State
of Kentucky, the triangular territory included and described in
the platt, and which lies south of a straight line running west
from the beech tree to the gum tree, as represented on said platt;
and adjoining Simpson county in Kentucky, and Sumner and Rob-
ertson counties in Tennessee. It seems that the commissioners
recommend that Tennessee should yield her claim to the territory
represented on the plat by the triangular space between the
beech, blackjack and gum; not because there was any trace or
appearance of a line from the beech south to the black jack, and
from thence north to the gum; but upon the express grounds,
sithat they had been informed, and believed thai the State of Kentucky had
ever exercised jurisdiction over the former," (meaning over the terri-
tory as described and included in the triangular space) "and the
inhabitants amounting to between ten and fifteen families, have ever con-
sidered themselves as citizens of that state, and acted accordingly."
The committee have made such enquiries respecting the knowl-
edge and wishes of the inhabitants living within, and adjoining,
the triangular territory as laid down on the plat between the
beech, black jack and gum, as their situation and opportunities
would permit them to do, and have received several communica-
lions upon that subject from the citizens living within the limits,
or adjoining the territory as described in the triangular part of
the platt; which statements are contradictory,—so much so that the
committee deem it best to postpone making a full report upon the
subject until the next session of the Legislature, by which time
they hope and expect to be able to procure such full and satisfac-
tory information upon the subject as will enable them to come to
a conclusion and make a report, which will not. only be satisfacto-
ry to the States concerned, but to the inhabitants more directly
interested.
It may not be improper, however, at this time to state, that, so
far as the committee have been able to ascertain the sentiments of
those families who reside within the territory as above mentioned
321
and described, there is a decided majority wlio have always con-
sidered themselves as living within the limits of the State of Ten-
nessee, and who protest against being transferred to the State"of
Kentucky, aud being amenable to her laws.
All which is respectfully submitted.
D. BURFOilD, Chairman.
Whereupon it was ordered that said report be spread upon the
records and said committee be discharged.
Ordcredy that the report be transmitted to the House of Repre-
sentatives.
Mr. Frey from the committee on Finance reported,
A bill to amend the revenue laws of this State, that the commit-
tee consider the same reasonable and recommend its passage: also
A bill to regulate the taxation of lands in this State, and to en-
force the collection of the same, unreasonable and recommend
its rejection. And a bill to appropriate one half of the State tax
to county purposes, upon a basis of free white population. And
a bill to appropriate one half of the State tax to county purposes,
from the further consideration of both of which last mentioned
bill they ask to be discharged.
Whereupon the committee were discharged from the further
consideration of said bills.
A bill to amend the revenue laws of this State. And a bill to
appropriate one half of the Stale tax to county purposes, were
severally read a second time and passed.
A bill to regulate the taxation of lands in this State, and to'en-
force the collection of the same, was read and rejected.
A bill to appropriate one half the State tax to county purposes
upon a basis of free white population, was read a second time;
And thereupon the question was had, shall this bill pass? and de-
termined in the affirmative. Ayes 10—noes 8.
The ayes and noes upon said question being constitutionally
demanded by Mr. Gillespy,
The affirmative voters are,
Mr, Speaker, Gillespy, Holman, Jetton, Lytle, McClellan, Mc-
Iver, Murray, Perkins, Wyly—10.
The negative voters are, 0
Mr. Andrews, Brabson, Bradford, Burford, Davis, Field, Frey,
Polk—8.
Aud so said bill passed a second reading.
A message from the Mouse oi Representatives by Mr. Campbell
their clerk.
MR. SPEAKER,
The House of Representatives have adopted a
resolution that the Senate meet the House of Representatiues in
the Representatives hall on Tuesday the 20th inst. at 3 o'clock,
P. M. for the purpose of going into all elections to be made by
322
the General Assembly at the present session. In which they ask
the concurrence of the Senate.
They have also adopted a resolution requesting the Governor of
this State to transmit copies of certain acts to the Governor's, of
other States. In which they also ask the concurrence of the Senate.
Whereupon the Senale.concurred in said resolutions.
Ordered that the clerk acquaint the House of Representatives
therewith. t '
Mr. Jetton having voted with the majority on the passage of the
bill to appropriate one half of the State tax to county purposes
upon a basis of free white population nmved a reconsideration
thereof, in consequence of a mistake on the part of himself and
some others who voted in the affirmative, as to the bill on which
thev were then voting on; which motion was sustained and1 said
reconsideration ordered.
Whereupon the question was had, "Shall this bill pass?" and
determined in the negative—ayes 7. noes 12.
The ayesand nays on said question beiug constitutionally de-
manded by Mr. Jetton,
Those who voted in the affirmative are,
Mr Anderson,. Brabson, Gillespy, IJolman, McClellan, Murray
and Wyly—7.
The negative voters are,
Mr. Speaker, Andrews, Bradford, Burford, Davis, Field, Frey,
Jetton, Lytle, Mclver, Perkins, Polk—12.
And so said bill was rejected:
A bill to abolish the Chancery courts of this State.
A bill to amend the laws now in force regulating the manner
of granting writs of certiorari and supereedeas, and for other pur-
poses. And a'bill for the benefit of the heirs of Daniel Wheaton
and James Tisdale, were severally read and rejected.
A bill to explain an act on the subject of turf racing, passed
13th July, 1820, was taken up on its second reading.
Thereupon the question was had, shall this bill pass? and deter-
termined in the negative. Ayes 3, Noes 14.
The ayes and noes upon said question being constitutionally
demanded by Mr. Murray,
Those who voted in the affirmative are,
Mr. Brabson, Holman, Perkins, 3.
The negative voters are,
Mr. Speaker, Anderson, Burford, Davis, Field, Frey, Gillespy,
Jetton, Lytle, McClellan, Mclver, Murray, Polk, Wyly, 14.
And so said, bill was rejected.
A bill for the relief of Henry Matlock was taken up on its 3d
reading.
Thereupon the question was had, shall the bill pass? and deter-
mined in the negative. Ayes 6, Noes 10.
333
The ayes and noes being constitutionally demanded by Mr-
Murray,
Those who voted in the-affirmative are,
Mr. Anderson, Andrews, Brabson, Gillespy, Holmaa, Lytle, 6.
The negative voters are, *
Mr.'Speaker, Burford, Davis, Field, Frey, Jetton,. McClellan,
Melver, Murray, Perkins, Polk, Wy ly, 12.
And sO said bill was rejected.
Mr. Murray returned with an.amendment proposing the appro-
priatiOn of live hundred dollars for the purpose of enabling the.
county of Carroll to purchase the turnpike bridge and causeways
belonging to Adam Huntsman and Henry H. Brown.
A bill'for the relief of the commissioners appointed by the Gen-
eral Assembly of 1829 to superintend the erection of bridges a-
cross Doe river in the county of Carter.
And thereupon the question was had, "snail the amendment be
received?" and determined in the affirmative, Ayes 12; noes 2.
The ayes and noes on said question being constitutionally de-
manded by Mr. Brabson,
The affirmative voters are,
Mr. Speaker, Andrews, Bradford, Davis, Gillespy, Holmap, Jet-
ton, Lytle, McClellan, Mclver, Murray, Perkins, 12.
The negative voters are
Mr. Brabson, Polk, 2.
And so said amendment was received.
Said bill was withdrawn for further amendment by Mr. Brab-
son.
A bill requiring the acts and journals of the present General
Assembly to be bound, was taken up on its second reading. Mr.
Murray moved to strike out six copies for each county, for the
purpose of inserting one copy for each justice of the peace. *
Thereupon the question was had, will the Senate amend as mov-
ed? and deiermined in the negative. Ayes 6, noes 12.
The ayes and noes upon said question being constitutionally
demanded by Mr. Burford,
Those who voted in the affirmative are,
Mr. Anderson, Gillespy, Dolman, Jetton, Mclver, Murray—6,
Those who voted in the negative are,
Mr. Speaker, Andrews, Brabson, Bradford, Burford, Davis,
Field, Frey, Lytle, McClellan, Pet kins, Wy ly—12.
And so the Senate refus d to make said'amendment.
Whereupon said bill was read a second time and passed.
A.bill to repeal the 112th section of the 67th chapter of the act
of 1825, and to compel the officers and privates of volunteer
companies to keep the public arms in good order and condition,
was taken up and read a second time.
32%
Thereupon the question was had, Shall this bill pass? and de-
termined in the affirmatives-ayes 8, noes 7.
The ayes and noes upon said question being constitutionally de-
manded by Mr. Murray,
The affirmative voters are,
Mr. Speaker, Anderson, Andrews, Brabson, Burford, Frey, Gil-
lespy, Holman—8.
The negative voters are,. ,
Mr.'Field, Lytle, Mclver, Murray, Perkins, Polk, Wyly—7.
And so said bill passed a second reading.
A bill to compel -certain persons to pay for the use and oceu-
patiun of land in certain cases. A bill to release Gardener's turn-
pike from the payment of a State tax. A bill authorising the es-
tablishment of fire companies. A bill for the relief of John Charl-
ton and others. A bill for the relief of the heirs of William W.
Gant. A bill to declare navigable Knob creek in Sevier county.
A bill to include the residence of John Andrews within the coun-
ty of Giles. And a bill to legitimate Franklin CoJeburn, of Blount
county; were severally read a second time and passed.
A bill for the relief of William Polk, was taken up on its third
reading.
Whereupon the question was had, "Shall this bill pass?" and de-
termined in the affirmative—ayes 13, noes 2.
The ayes and noes on said question being constitutionally de-
manded by Mr. Murray,
The affirmative voters are,
Mr. Speaker, Anderson, Andrews, Brabson, Bradford, Burford,
Field, Gillespy, Holman, Lytle, McClelian, Mclver, Wyly, 13.
The negative voters are,
Mr. Murray, Perkins, 2.
'And so said bill passed a third reading.
A bill fortlie relief of Mitchell and Banks. A bill to repeal part
of the 55th section of an act to reform and amend the penal laws
of this Stale, passed 9th Dec. 1829. A hill to compel guardians
to give new security in certain cases. And a bill to extend the
corporation laws of the towu of Kington, were severally read a
third time and passed.
A bill to authorise the militia officers of the different regiments
in this State to divide the same into three battalions. A bill for
the relief of the heirs of Thomas Alsup, deceased. A bill incor-
porating a board of internal improvement for the counties of Lin-
coin, Giles and Franklin. A bill for the benegt of Henry Light-
foot and Joseph Hodge. And a bill to provide for the establish-
ment of the southern boundary line of this State; were severally
read a third and last time in both houses, passed and ordered to
be enrolled.
S2S
MR. SPEAKER,
The Speaker of tlje House of Representatives did
this day sign enrolled bills and resolutions of the following titles,
(to wit:)
An act for the relief of Joseph P. Neally and Jane C. Neally,
of the county of Jackson. An act to provide for the circuia-
tion and preservation xff the Journals of'Hie Congress of the Unit-
ed States. An act for the relief of William Anderson, clerk of
Sullivan county court. An get to authors the coihmissioners of
the Western District turnpike road to rescind the contract exist--
ing between said commissioners and John Thomas, jr. and for*
other purposes. An act for the relief of Nathan Haggard apd
Nimrod Dodson. An act to amend the militia laws of this State.
An act for the relief of Wesley Simmons and others, of Claiborne
county. An act to amend an act entitled an act to establish turn-
pike bridges in the Western District.. An act to authorise the
counties of Robertson, Montgomery and Dickson, to lake appeals
to the supreme court at Nashville. An act for the relief of Mill-
er Isbel, and others therein named. An act for the benefit of
John McCrosky, former sheriff of Monroe county. An act for
the relief of Thomas Fite and Jeptha Billingsly. An act to repeal
an act passed in 1827, authorising Isaac arid Ltewis Miller to
erect a mill dam on Clinch river. An act for the relief of Lar-
kin H. Bowling, of Anderson county. An act concerning the tax-
ation of costs in the supreme court. An act to establish a board
of internal improvement for the mountain district. An act for
the benefit of John Walters, of Smith county, and others. An
act to incorporate the Columbia Female Academy, and for other
purposes. An act for the benefit of Lucinda Allen, widow of
William Allen, deceased, and the heirs arid legal representatives
of said decedent. An act to establish boards of internal improve-
ment in the several counties lying west of Tennessee river, and
for other purposes. A resolution appointing Justices of the Peace
for the counties of Rutherford, Jefferson and Henry. A resolu-
tion appointing a Justice of the Peace for Cocke county. And
then he withdrew.
Whereupon the Speaker of the Senate signed said enrolled
bills arid resolutions, and ordered them to be deposited in the of-
fice of the Secretary of State.
Mr. Murray submitted the following:
Resolved, by the General Assembly of the State of Tennessee,
That the Secretary of State be required-to adjudicate and issue
to Hugh Dunlap, five thousand acres of land warrants, for a grant
that was issued to him by the State of North Carolina for five
thousand acres of land lying in the Eastern District, in Cade's
Cove, on the waters of the Tennessee river; which land now
lies south of French Broad and Holston,in Blount [county—Pro-
326
vided th.at the said Dunlap shall make it appear to the satisfac-
tion of said Secretary, that said grant issued on a good and valid
warrant; and that the same has not issued to the said Dunlap, or
any person authorised by him to receive it; and that no other
grant has issued thereon. • >
And then the Senate adjourned till 9 o'clock; tomorrow morn-
ing.
TUESDAY, 20th DECEMBER, 1831.
Mr. Polk from the committee on enrolments, reported as truly
enrolled, .
An act to alter the time of holding the county courts in the
couuiy of Washington. An act for the relief of Samuel Hunt,
late sheriflfof Washington county. An act for the benefit, of Rich-
ard Rushing, jr. and And rson Smith. An act to incorporate the
Somerville Female Academy. An act to amend an act entitled
an act to authorise Moses Fisk to open a turnpike road; passed
Nov. 24, l8!7, and for other purposes. An act to incorporate a
Female Academy in the county of" Rhea. An act for the benefit
of Istac Low and D. C. Chamberlm. An act for the benefit of
William Gibson. An act for the encouragement of salt works.
An act authorising Hastings Poe and Asahel Rawlings to open a
turnpike road. An act to authorise females to obtain divorces in
court without cost. An act to alter the time of holding the su»
preme court of errors and appeals at Jackson. An act to regu-
late the fees of the clerks of the different courts in this State.
An act to provide for taking the enumeration of the free male in-
habitants of the Slate. An act creating a board of internal im-
provemerit for the counties of Giles, Lincoln arid Franklin. An
act to repeal the act entitled an act to create a new militia com-
party in the county of Wilson. An act to authorise Peter N.
Smith to sell or dispose of a certain tract of land and slaves for
the benefit of James Scott, deceased. An act to extend the ben-
efi'sof the 1st section of the act of 1829, chapter 40, passed 30th
December, 1829. And an act to repeal ll2ti; section of the 69th
chapter of the act of 1825, and to compel the officers and privates
of volunteer companies, to keep the public arms in good order and
condition.
Whereunon the Speaker of the Senate signed the said enrolled
bills.
Ordered that fhey be transmitted to the House of Representa-
tives.
A message from the House of Representatives by Mr. Campbell
their clerk.
S27
Mr. SPEAKER,
The Speaker of the House of Representatives has
signed enrolled bills, arid resolutions of the follow ing titles, viz:
A resolution appointing Justices of the peace for Lincoln conn-
ty, Wayne county and Bedford county^ A resolution appointing
Justices of the Peace for McNairy county. A resolution directo-
ty to the President and directors.of the Bank of lite State. A
resolu'ion referring warrant No. 39J for adjudication. An act
.presetihing the duties of sheriffs in certain cases, and for other
purposes. An act for the benefit of John VV. P MoGimpsey and
Flora McGitnpsey, An act for the relief of Vrcdenburgh Thomp-
son, and for other purposes. An act to amend an act regulating
the town of Charlotte, in the county of Dickson. An act to amend
the laws incorporating the town of Alexandria, in Smith county,
and for bther purposes. An act creating'a board of internal im*
provement for the counties of Giles, Lincoln and Franklin. An
act to compel guardians to give new security in certain cases.
An act making the bridge at Shelbyville 'toll free, and for other
purposes. An act for the relief of Mitchell and Banks. An act
to repeal part of the 55th section of an act to amend the penal
laws of this State, passed 5th December, 1829. An act to amend
an act entitled an act to make entries liable to execution in the
Hiwassee District, passed 12th Dec, 1827. An act to amend an
act to incorporate the Big Hatchee Turnpike Company. An act
to establish a board of internal improvement therein named, and
for other purposes. An act to change the time of holding the
supreme court at Sparta, and for other purposes. An act to amend
an act to authorise Thomas Wheeler to open a turnpike road.
An act for the benefit of John Rayburn. An act to provide for the
holding of a chancery court at Knoxville and at Madisonville.
An act to equalize the tax on wholesale and retail merchants,
jewellers, g'ocers and auctioneers. An act to provide for the
payment of costs in the suit, State vs. Charles McNally. An act
to repeal part of an act to compel owners of mills west of Ten-
nessee river to cut down and remove standing or decaying timber
in their mill ponds. An act declaratory of the law concerning
contempts of court, and for other purposes. An act for the relief
of those who may have balances of warrants unappropriated in the
offices of the several surveyors south and West of the congress-
ional reservation liue. And an act to explain and amend the laws
concerning executions issued by justices of the peace. And then
he withdrew.
Whereupon the Speaker of the Senate signed said enrolled bills
and resolutions.
Ordered, That they be deposited in the office of the Secretary of
State.
328
A bill for the benefit of the Memphis hospital, was taken up on
its second reading.
Mr.Brabson moved an indefinite postponement,
Whereupon the question was had, Will the Senate indefinitely
postpone said bill? and determined in the negative. Ayes 3—noes
12. -
The ayes and noes upon said -question being constitutionally
demanded by jVfr. Brabso-n,
Those who voted in the affirmalive are,
Mr. Brabsori, Burford, McClelian—3.
The negative voters are,
Mr. Speaker, Andrews, Bradford, Field, Gillespy, Jetton, Ly-
tie, Mclver, Murray, Perkins, Polk, Wyly—12.
Arid so the Senate refused indefinitely to postpone said bill.
And thereupon said bill was read a,second June and passed.
A bill to amend and explain.an act now in force in this State to
suppress the odious practice of gaming, tipling and trading with
slaves, was taken up.
Mr. McClelian mbved that said bill be indefinitely postponed.
Whereupon the question was had, Will the Senate indefinitely
postpone, said bill? and determined in the affirmative.
And so said bill was indefinitely postponed.
On motion of Mr. Murray,
Ordered that the clerk deposite a copy of the enumeration made
out by the clerk of the federal court, in the office ot the Secre-
tary of State.
A message from the House of Representatives by Mr. Campbell
their clerk,
MR. SPEAKER,
The House of Representatives concur in your re-
solution concerning Uie Academy money chargeable to the Brad-
ley Academy in Rutherford county.
They also concur in your preamble and resolutions concerning
the exercise of certain powers by the General Government.
They have adopted a resolution appointing Andrew Brown a
Justice o( tlie Peace for tfie county of Wayne.
They have adopted a resolution appointing Justices for McNai-
ry and Lincoln counties
They have adopted a resolution of instruction to the President
and directors of the Bank of the State.
They have adopted a resolution referring warrant No. 393 to the
Secretary of Slate for adjudication.
In which several resolutions they ask your concurrence. And
then he withdrew.
Whereupon it is ordered that the resolution concerning the
academy money chargeable to the Bradley academy injiuther-
ford county, And
329
The preamble ana resolutions concerning the exercise of cer-
tain powers by the General Governm-nt, be enrolled.
The Senate concur in said several rctmluti' ns, except so much
of one of them as relates to the appointment rf Justices of the
Peace for Lincoln county, which is laid on the table.
Ordered that the clerk acquaint the Bouse of Representatives
t herewith.
A bill to authorise Elizabeth Keener, of the county of
Jsckson to sell certain lands, was read a third time and
passed.
A bill to revise and amend an act entitled an act to establish a
system of common schools, and to appropriate the school funds in
this State was taken upon'its third reading. Mr. Field proposed
an amendment thereto, to which Mr. Wyly offered the following
amendment,
That soon as the amount of the school fund due each-county is1
ascertained and regulated agreeably to the provisions of this act
upon a basis of free white population with the deduction of those
residing wit bin the several counties wherein school lands are sit-
uated.
Whereupon the question was had, will the Senate receive the
proposed amendment to the amendment? and determined in the
affirmative—ayes 18—noes 2.
The ayes and noes.cn said question being constitutionally de-
manded by Mr. VVylv,
The affirmative voters are,
Mr. Speaker, Anderson, Andrews, Brabson, Bradford, Burford,
Davis, Frey, Greene, Dolman, Jetton, Lytle, McClellan, Mclver,
Murray, Perkins, Polk, Wyly—18.
The negative voters are,
Mr Field, Gillespy,—2.
And so said amendment was agreed to.
Mr. Wyly then proposed the following as an additional section
to said proposed amendment.
Be it enacted, That the common school funds which have been
specially vested by any law passed at the present session of
this General Assembly shall not be appropriated until the equali-
zation of the school fund takes place agreeably to a basis of free
white population as herein before provided for.
Thereupon the question was had, will the Senate receive said
proposed additional section? and determined in the affirmative—
ayes 17, noes 2.
The ayes and noes on said question being constitutionally de-
manded by Mr. Wyly,
The affirmative voters are,
Mr. Speaker, Anderson, Andrews, Brabson, Bradford, Davis,
330
Field, Greene, Holman, Jetton, Lytle, McClellan, M'lver, Mur-
ray, Perkins Polk, Wyly_n.
The negative voters are,
Mr. Bnrtord, Giilespy-—2.
And so said additional section was adopted.
Mr. Bradford moved the following amendment,
Be it enacted, That the provisions of this act requiring the
common school funds to be paid over to commissiners of the dif-
ferent counties shall not apply to those counties the funds of which
have been specially vested in turnpike roads until the equaliza-
tion is made.
Whereupon the question was had, "Will the Senate receive said
proposed amendment?" and determined in the negative—ayes.6,
noes 14.
The ayes and noes on said question being constitutionally de-
manded by Mr. Wyly,
The affirmative voters are,
Mr. Andrews, Bradford, Field, Jetton, Lytle, Perkins, 6.
The negative voters are;
Mr. Speaker, Anderson, Brabson, Burford, Davis, Frey, Gilles-
py, Greene, Holman, McClellan, Molver, Murray, Polk, Wyly
—14.
And so said proposed amendment was rejected.
Mr. Giilespy then moved the following amendment,
Be it enacted, That it shall be the duty of the several Bank
Agents of this State not to pay over to the common school com-
missioners as provided in this act, more than the amount to which
each county shall be entitled upon a basis of free white popula-
tion, nor shall the interest upon more than the amount to which
such county may be entitled,be paid over as aforesaid
Whereupon the question was had, shall this amendment be re-
ceived? and determined in the negative—ayes 4—noes 15.
The ayes and noes on said question being constitutionally de-
manded by Mr, Giilespy.
Tl iose who voted in the affirmative are,
Mr. Burford, Field, Giilespy, Murray, 4.
The negative voters are,
Mr. Speaker, Anderson, Andrews, Brabson, Davis, Frpy, Greene,
Holman,Jetton, Lytle, M'CleH'an, M'lver, Perkins, Polk, Wyly, 15.
And so said proposed amendment was rejected.
Whereupon the amendment proposed by Mr. Field was agreed
to as amended.
The bill was then further amended on motion of Mr. Murray.
Mr. Giilespy then moved the following further amendment to
said bill:
Be it enacted, That the operation of this act shall be suspend-
ed until an apportionment of the school fund shall be made in the
331
several counties in this State upon a basis of free white popula-
tion.
Whereupon the question was hail, shall the amendment be re-
ceived? and determined in the negative—ayes G—-noes 12.
The ayes and noes upon said being constitutionally demanded
question by Mr. Gillespy,
Those who voted in the affirmative are,
Mr. Andrews, Bradford, Gillespy, Holuian, Lytle, Murray, 6.
The negative voters are,
Mr. Speaker, Brahson, Burford, Davis, Field, Greene, Jetton,
McClellan, Mclver, Perkins, Polk, Wyly—12,
And so the Senate refused to receive said amendment.
Whereupon the question was had,.shall this bill pass? and de-
termined in the affirmative. Ayes 1$, No 1.-
The ayes and noes being constitutionally demanded by Mr.
Murray,
The affirmative voters are,
Mr. Speaker, Anderson, Andrews, Brahson, Bradford, Burford,
Davis, Field, Gillespy, Greene, Holman, Jetton, Lytle, McClellan,
Mclver, Perkins, Polk, Wyly—IS. <
The negative voter is,
Mr. Murray.
And so said bill passed a third reading as amended.
The Resolution submitted yesterday by Mr. Murray, directory
to the Secretary of State, was taken up and read.
Thereupon the question was had, will the Senate adopt this
Resolution? and determined in the negative—ayes 7, noes 11.
The ayes and noes upon said question being constitutionally de-
manded hy Mr. Burford,
Those who voted in the affirmative are,
Mr. Anderson, Andrews, Brabson, Gillespy, Lytle, Murray, Polk
—7.
The negative voters are,
Mr. Speaker, Bradford, Burford Davis, Field, Jetton, Holman,
McClellan, Mclver, Perkins, Wyly—11.
And so said resolution was rejected.
A hill establishing the town of Batavia in Carroll county. A
bill for the relief of the seventy-seventh Regiment of Tennessee
militia. A hill to amend an act entitled an act to amend the laws
now in force precribing the mode of marking the partition of
lands, passed Oct. 26, 1799. A bill supplementary to an act pas-
sed at the present session of the General Assembly to dispose of
the forfeited lands in the Hivvassee district. A bill to authorize
John Martin and John B. Perkins, to build a bridge, across the
Caney Fork. A bill for the benefit of James O. K. Wood. A
bill to authorise Austin Gresham to sell » certain slave. A bill to
amend the first section of an act entitled an act to compel owners
332
of Mill dams on little Pigeon river in Sevier county to put slopes
therein.- A bill to divorce Elizabeth Linn from her husband Ja-
cob Linn. A bill to compensate John C. Haley and his son John
Haley for money expended arid labor done in removing obstruc-
tions to navigation at the boiling pot arid suck in the Tennessee
river. A bill to repeal part of an act-passed 13th January, .1S3U.
Arid a bill for the benefit of the commissioners appointed by the
General Assembly of 1339 to superintend the erection of bridges
across Doe river, in the county of Carter; were severally read a
second time and passed.
A bill to amend the revenue laws of this State. A bill for the
benefit of Garnishees. A bill concerning Indian reservations in
the Hivvassee District. And a bill for the benefit of the persons
therein named; were severally read a third time and passed.
A bill to appropriate one halt the State tax to county purposes;
was taken upon its third reading.
iMr. Gillespy moved so to amend said bill as to except black
polls.
Whereupon the question was had, Will the Senate amend as
moved? and determined in the negative—ayes 6, noes 11.
The ayes and noes upon said question being constitutionally de-
manded by Mr. Gillespy,
Those who voted in the affirmative are,
Mr. Anderson, Brabson, Gillespy, Holman, McClellan and Wyly
—6.
The negative voters are,
Mr. Speaker, Andrews, Burford, Davis, Field, Jetton, Lytle,
Mclver, Murray, Perkins, Polk—11.
And so the Senate refused to make said amendment.
The bill was then read a third time and passed.
A bill supplemental to an act passed at the present session of
this General Assembly,entitled an act to dispose of the forfeited"
lands in the Hiwassee district. A bill appropriating funds and organ-
izing a board to improve Cumberland river. A bill for the benefit of
the heirs of Wm. W. Gant. A bill to establish a comptroller's office.
A bill for the relief of John Charlton and others. A bill to com-
pel the President and Directors of the branch Bank at Knoxville to
refund to the county common school commissioners of Roane
county, monies wrongfully withheld from said commissioners.
Arid a bill to lay off and establish the brigade of Tennessee mili-
tia,
Were severally read and rejected.
A bill to repeal the act entitled an act to create a new militia
company in the county of Wilson. A hill to repeal the 112th sec-
tion of the 69th chapter of the act of 1825, and to compel the offi-
cers arid privates of volunteer companies to keep the public arms
in good order and condition. A bill to declare navigable Knob
333
creek in the county of Sevier. A bill to encopragethe manufac-
ture of salt. A bill to regulate the fees of clerks and masters in
chancery in this State. A bill to authorise David S. Shelton to
build a wing mill dam on Sequachte river. A bill to legitimate
Franklin Colburn. A bill for the relief of Matthew McClana-
han, Jate sheriff of Rutherford county. A bill to incorporate a
company for opening a turnpike road. And a bill to extend the
north boundary line of the corporation of the town of Lebanon,
were severally read a third and last time in both houses, and
ordered to be enrolled.
A bill to extend the operation of the laws of this State over that
portion of the State included within .the bounds of the Cherokee
Nation in certain cases and under certain restrictions; was taken
up and read.
Thereupon the question was had, Shall this bill pass? and de-
termined in the negative—ayes 6, noes 11.
The ayes and noes upon said question being constitutionallyde-
inanded by Mr. Bradford,
The affirmative voters are,
Mr. Gillespy, Greene, Holman, Lytle, McClellan, Wyly—6.
The negative voters are,
Mr. Speaker, Anderson, Andrews, Bradford, Burford, Davis,
Jetton, Mclver, Murray, Perkins, Polk—11.
And so said bill was rejected.
The message from the House of Representatives appointing
Justices of the Peace for Lincoln county; which was this day laid
on the table, was taken up, read and concurred in.
Ordered that the clerk acquaint the House of Representatives
therewith.
Mr. Jetton having voted with the majority on a resolution sub-
mitted yesterday by Mr. Murray directory to the Secretary of
State; which was rejected this morning; moved a reconsideration
of said question, which was agreed to.
Mr. Jetton then moved the adoption of said resolution.
Whereupon the question was had, will the Senate adopt said re-
solution? and determined in the affirmative—ayes 10, noes 6.
The ayes and noes upon said question being constitutionally
demanded by Mr. Mclver,
The affirmative voters are,
Mr. Speaker, Anderson, Andrews, Brabson, Gillespy, Jetton,
Lytle, McClellan, Murrav, Polk—10.
The negative voters are,
Mr. Burford, Davis, Frev, Holman, Mclver, Perkins, 6.
And so said resolution was adopted.
Ordered that the clerk acquaint the House of Representatives
therewith, and ask their concurrence therein.
Mr. Davis submitted the following;
Qq
33i
Resolved, by the General Assembly of the State of Tennessee,
That ii shall be the duty of the Register of the Western District to
issue crams to Hie rightful owner or owners, upon entries No.
785. No. 557, N,o. 755 and. No. founded upon warrants No.
2081, arid No. 754, and No. 5543, upon the production of a plat
and certificate of survey upon said entries, and proving to the
satisfaction of ttie register that said warrants are lost, and that
when lust they had written in the face of each appropriated in my
office, signed be the principal surveyor of the district in which
stiid entries were made.
Resolved, That the Register of the Western District issue to
James Whitsit a grant on entry No. 851, in the tenth district, up-
on the production ot the proof required in the first member of this
resolution.
Whereupon, the rule requiring resolutions to be laid on the
table for one day, being suspended on motion of Mr. Davis, said
je>' lotions w< re adopted.
Ordered that the clerk acquaint the House of Representatives
the ewith, and ask their concurrence therein.
On motion of Mr. Greene, he was discharged from the com-
mittee on the distribution of the acts and Journals of the present
session of the General Assembly, and Mr. Eurford appointed
chairman of said committee in his stead.
A bill to appoint a Geologist, Mineralogist and Assayer for the
State of Tennessee. A bill to provide the means by which the
existence and locality of Matthews' line is to be established. A
bill tor the relief of William Thompson and others. A bill to
change the time of holding battalion musters in the 22rid regi-
itient Tennessee militia. A bill to release Gardners turnpike
from the payment of a State tax. A bill authorising the estab-
lishment of tire companies. A bill to compel certain persons to
pay for the use and occupation of land in certain cases. A bill
to amemli n act entitled an act to amend the penal laws of the
State of Tennessee, passed 9th Dec., 1829. A bill to include
the residence of John Andrews within the county of Giles. A bill
for the relief of Sally IJopson. A bill supplemental to an act en-
lit led an act providing for the leasing ofl an ds which have been set
apart for the use of common English schools on the same in Mid-
die Tennessee. A bill to make legitimate the persons therein
named, and for other purposes. A bill for the benefit of Win. P.
Steagauld. A bill regulating the return of writs to the supreme
court. A bill directory to the Treasurer of the Western District.
And a bill for the relief of Susan R. Pistole; were severally read
a third and last time in both Houses, passed and ordered to be en-
rolled.
Mr. Frey from the committee on finance presented the follow-
ing Exhibit;
335
Expenses of the session of .the General Assembly of 1829.
To this sum paid Senators for services and mile-
age, 10,128 48
Representatives, 20,216 80
Clerks and doorkeepers, 4,176 00
Miscellaneous expenses for stationary, fuel,&c. 4,765 82
, > $39,343 50
Expenses of Williams' and Haskell's trials during
the last session for witnesses, sergeant at arms,
&c. 1,622 09
$40,965 19$
This sum due from Treasurer on settlement of his
account for the years 1827 & '28, as appears by
reference to the settlement made with the com-
mittee of last session, 57,467 40
$16,503 21$
Balance in the Treasury after all payments of the
foregoing session,
Balance in the Treasury on present settlement for
the years 1829 and '30, to be accounted for at the
next stated meeting of the General Assembly, $62,233 42$
S!gned, H. FREY,
THO. CLAIBORNE, Committee of finance.
Whereupon, ordered that said Exhibit be spread upon the re-
cord, and transmitted to the House of Representatives.
A message from the House of Representatives by Air. Campbell
their clerk.
MR. SPEAKER,
The House of Representatives have adopted a
resolution appointing Joseph Rayburn a Justice of the Peace for
Bedford county.
They have adopted a resolution rescinding the appointment of
Thomas James as Justice of the Peace for Madison county.
They have adopted a resolution of thanks to the county court
of Davidson county. And then he withdrew.
Whereupon the Senate concurred in the resolution appointing
a justice of the peace for Bedford county; and in the resolution
of thanks to the county court of Davidson county. And, on mo-
tiori of'Mr. Mclver, the Senate non-concur in the resolution of the
House of Representatives rescinding the appointment of Thomas
James, as a Justice of tlie Peace for Madison county.
Ordered that the clerk acquaint the House of Representatives
therewith.
SS6
Mr. Lytle presented an order of the county court of Davidson
county, appropriating the two large rooms in the third story of
the court house now occupied by the Senate and House of He pre-
sentatives of the General Assembly of the State of Tennessee,
for the excl usive use of the Legislature, so long as they may think
proper to continue their session in Nashville; which was read and
laid on the table.
A message from the House of Representatives by Mr. Campbell
their clerk.
MR. SPEAKER,
The House of Representatives have adopted
a resolution appointing a joint select committee to wait on the
Governor, and inform him that the two houses are about to ad-
journ without day, and to enquire of him whether he has any
further communication to make to the General Assembly, arid
have appointed Mr. Alexander E. Smith, Mr. Inge, A'r. Alien,
Mr. Gillespy and Mr. Joel R. Smith of said committee on the
part of the House ofi Representatives. And then he with-
drew.
Whereupon thn Senate concurred in said resolution, and the
Speaker appointed Mr. Bradford, Mr. Burford and Mr. Brabson,
of said committeee on the part of the Senate.
Ordered that the clerk acquaint the House of Representatives
therewith.
A bill to authorise Jesse Lincoln and others to open a turnpike
road; was taken up on its third and last reading in both lious-
es,
And thereupon the question was had, Shall this bill pass? and
determined in the negative. Ayes 8, noes 8.?
The ayes and noes upon said question being constitutionally
demanded by Mr. Perkins,
Those who voted in the affirmative are,
Mr. Speaker, Anderson, Burford, Gillespy, Holman, Lytie,
Polk, Wyly—8.
The negalive voters are,
Mr. Brabson, Bradford, Davis, Frey, Jetton, McClellan, Mur-
ray, Perkins—8.
And so, there being an equal division, the question failed and
said bill was rejected.
A message from the House of Representatives by Mr. Campbell
their clerk.
MR. SPEAKER,
The House of Representatives concur in your
resolution directory to the Register of the Western District; and
in your resolution directory to the Secretary of State. And then
he withdrew.
Whereupon, ordered that said resolutions be enrolled.
337
A bill for tbe benefit of Gabriel Foulkes. And a bill authoris-
ing the Secretary of State to receive and file for adjudication
certain certificates therein mentioned: were read a third and last
time in both Houses and ordered to be enrolled.
A bill concerning the troop of cavalry at Pulaski, was read a
third time and passed.
A message from the House of Representatives by Mr. Campbell
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 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 by joint ballot to the election of a chancel-
lor for the eastern division; and upon collecting and counting
the ballots, Win. B. Reese was declared to be duly and constitu-
tionally elected.
The two houses next proceeded by joint ballot to the election
of a Treasurer of middle Tennessee, and a reporter for the State
of Tennessee; and upon collecting and counting the ballots,
Thomas Crutcher was declared to be duly elected Treasurer, and
George S. Yerger, Reporter. *
Whereupon the Speaker and gentlemen of the Senate repaired
to their own chamber.
A bill to amend the registration laws, and for other purposes,
was taken up on its third and last reading in both Houses.
Thereupon the question was had,Shall this bill pass? and deter-
mined in the affirmative. Ayes 13—noes 5.
The ayes and noes upon said question being constitutionally
demanded by Mr. Bradford,
Those who voted in the affirmative are,
Mr. Speaker, Anderson, Brabson, Burfor.d, Davis, Field, Frey?
Gillespy, Hoi man, Lytie, McClellan, Murray, Wyly, 13.
The negative voters are,
Mr. Andrews, Bradford, Jetton, Mclver, Polk—5.
And so said bill passed a third and last reading in both houses,
with an order that it be enrolled.
A bill to incorporate subscribers to the bank of Tennesssee was
taken up on its third and last reading in bo'h houses.
Thereupon the question was had, shall this bill pass? and deter-
termined in the affirmative. Ayes 11, Noes 9.
The ayes and no^s on said question being constitutionally de-
manded by Mr. Bradford,
Those who voted in the affirmative are,
Mr. Anderson, Andrews, Field, Gillespy, Holman, Ly tie, Mc-
Clellan, Mclver, Murray, Polk, Wyly, 11.
S38
The negative voters are,
Mr. Speaker, Brabsort, Bradford, Burford, Davis, Frey, Greene
Jetton, Perkins, 9.
And so said bill passed a third and last reading in both houses,
with an order that it be enrolled.
Mr. Frey from the select committee to which was referred, A
bill to nrovide for the payment of the Speakers, Members, Clerks
and Doorkeepers, of the present session of the General Assembly
and for other purposes, reported in lieu thereof,
A bill making an appropriation of money to defray the expenses
of the 1st session of the 19th General Assembly of the State of
Tennessee.
Whereupon the report of said committee was concurred in, the
amendment received and said bill on motion of Mr. Frey, laid on
the table.
Mr. Murray having voted in the negative on the question of pas-
sing an act'authorizing Jesse Lincoln and company to open a
turnpike road, which Bill was rejected to day, moved a reconsid-
eraiion of said question, which was agreed to.
Where upon, on motion of Mr. Murray, said bill was laid on the
table.
Mr. Burford from the joint committee, appointed to wait upon
his Excellency, the Governor, made the following
REPORT:
The joint committee of both houses, appointed to wait upon his
Excellency the Governor, and inform him that the General As-
sembly have gone through the business submitted to their con-
sideration, and are about to close the session and to enquire if
he has any other business to submit to their consideration, or ad-
ditional communication to make, have performed that duty, and
have received in answer from the Executive, that he has no oth-
er business to lay before the Legislature at the present session,
nor any communication of a public nature to make. He tenders
through the committee to the Legislature his kindest feelings and
sentiments of respect and esteem, which he requests may be
borne by each respective member to his family and constituents.
Whereupon it was ordered that said report be spread on the
records andytransmitred tothellouse of Representatives.
Mr. Gillespy submitted the following,
Resolved, That the clerk of the Senate employ as many clerks
as he may deem necessary to assist in enrolling bills which have
passed the third and last time in both > ouses.
And the rule requiring resolutions to be laid on the table for
one day being suspended on-motion of Mr. Gillespy, said resolu-
lion was adopted.
And the Senate adjourned until 9 o'clock to-morrow morning.
339
WEDNESDAY, 21st DECEMBER, 1831.
Mr. Burford'submitted the following,
Resolved, hy ihe General Assembly of the State of Tennessee.
That the President and Directors of the old State Bank of Tennes-
see pay over to the President and Directors of the Bank of the
State of Tennessee the twenty-thousand dollars subscribed on the
part of the State in the old State Bank, and that the said sum of
twenty-thousand dollars and all the dividends arising therefrom in
the hands of the Treasurer or elsewhere be apportioned amongst
the several counties in this State, agreeably to the 20th section of
an act, passed Jan. 14, 1830, chapter 107, for the use of common
schools, or for such other objects as this Legislature may have
specially directed in any of the counties of this State.
Whereupon the rule requiring resolutions to be laid for one
day on the table being rescinded,^
Said resolution was adopted.
Ordered that the clerk acquaint the House of Representatives
therewith.
Mr. Frey from the committee appointed to make an estimate of
the expenses of this session, made the following report in part,
, Speaker Douglass, 94 days, 64 miles,
$480 24
Anderson,
441 60
Andrews,
416 00
Brabson,
454 40
Bradford,
392 00
Burford,
332 00
Davis,
400 00
Field,
399 04
Frey,
383 36
Gillespy,
433 60
Greene,
427 20
Hoi man,
404 80
Jetton,
386 24
Lytle,
376 00
McClelltn,
476 80
Molver,
440 00
Murray,
409 60
Pei ki ns,
399 04
[Polk,
366 66
Wyly,
465 50
William K. Hill, Clerk, $564
Luke Lea, clerk, 564
James Hickey, Door keeper, 376
Which was received, read and ordered to be spread upon the
records.
3*0
The committee on enrollments reported as truly enrolled,
An act to extend the North boundary line of the town of Leba.
noil. A resolution concerning the Academy in Rutherford coun-
ty. An act to authorize M. I J. Howard to build a mill or iron
works,across Big Sandy river in the county of Henry. An act to
include the residence of John Andrews within the county of Giles.
An act for the benefit of Henry Light foot and Joseph Hodge. An
act directory to the Treasurer of the Western district. An act
for the benefit o'f Susan R. Pistole. A resolution directory to the
Secretary of State. An act for the benefit of Win. P. Steagald.
An act to legitimate Franklin Colburn otherwise Franklin Col-
burn. An actio declare navigable Jfnohb creek in the count}' of
Sevier. A resolution directory to the Register of tfie Western
district. An act concerning-the seat of Justice in the county of
Wayne. An act for the bepefit of Gabriel Fowkles. An act to
incorporate a company for opening a turnpike road from Nash-
ville to the top of the ridge about one mile from Elijah Robert-
son's in a direction from Nashville via Charlotte to the Western
District, and for other purposes. An act to compel certain per-
sons to pay for the use and occupation of land in certain cases. An
act to divorce Elizabeth Linn from her husband Jacob Linn. An
act to change the time of holding battalion musters in the twenty
second regiment of Tennessee militia. An act for the relief of
William Thompson, and others. An act authorizing the es.tab-
lishment of fire companies. An act for the relief of William
Polk An act to establish the Southern boundary of this State.
An act establishing a company to be called the Nashville Greys.
An act to amend an act entitled an act to amend the penal laws
of the State of Tennessee, passed Dec. 9, 1829. An act. to pro-
vide the means by which the existence and locality of Mathews'
line is to be established. An act to authorise the militia
officers of the different regiments in this State, to divide the
same into three batallions, if they think proper, provided the re-
giments contain twelve or more militia companies. An act to
change the names and make legitimate the persons therein ham-
ed. An act for the relief of Lewis Ross. An act for the relief
of the heirs of Thomas Alsup, deceased. A resoluRon in relation
to the exercise of certain powers by the Genera! Government and
for other purposes. An act autohrizing the Secretary of State to
receive and file for adjudication certain certificates therein nam-
ed. An act to incorporate the subscribers to the bank of Tennes-
see. An act supplemental to an act entitled an act providing for
the leasing of lands set apart for the use of common schools and
for the keeping of common English schools on the same in mid-
die Tennessee. An act to prevent the entry or settlement of
lands lying South of Winchester's line. An act for the benefit of
Ml
heirs of Col. John Tipton, late of the House of Representatives.
An act for the relief of James Young', of Sparta. An act provid-
ing for the removal of obstructions in Elk river. An act to ex-
lent) the corporation laws of the town of Kingston, in the county
of Roane. An act to divorce Henry Anderson from his wife, and
for other purposes. An act to render the lauds lying between
Walker's line arid the true line of North 36° 30' subject to taxa-
tion. An act for the relief of William Carter, former sheriff of
Carter county. An act for the relief of Matthew McClanahan,
late sheriff of Rutherford county. An act to release Gardner's
turnpike road from the payment of a State tax.
Whereupon the Speaker signed said enrolled acts and resolu-
tions, and ordered them to be transmitted to the House of Re-
presentatives.
Mr. Gillespy submitted the following:
Resolved, That the Speaker of the Senate is entitled to the
thanks of this House, for the able, impartial and disinterested
manner in which he has discharged the duties of the chair during
the present session of the General Assembly.
YVhich was unanimously adopted.
Whereupon the Speaker of the Senate, Mr. Douglass, rose and
said;
Gentlemen of the Senate,—I thank you most sincerely for the unmer-
ited expression of respect with which you have been pleased to
notice the duties assigned to the chair during the present session.
I entered upon the arduous duties of this seat to which I was
invited by your unmerited partiality, with much fear, lest I should
be unequal to the expectation which induced to your choice.
I was aware that whatever success might be ascribed to my la-
bors, would depend mainly upon the aid and support that you
might afford, and to that cordiality and forbearance one toward
another, which is so indispensable to the labors and success of all
deliberative assemblies. Gentlemen, it gives me pleasure on the
present occasion, to bear testimony to the courteous and dignified
manner with which you have treated each oilier throughout your
public services here, and more especially for the indulgent and
charitable feeling which you have always exercised toward the
imperfections of the chair.
Let me assure you, gentlemen, that none of the errors into
which I may have fallen, in administering the rules which cus-
torn and your commands have established for the good order of
the Senate, have been owing to any preference for 'men or meas-
ures; my only desire lias been, between ail the members of this
body to hold the scale of justice with a steady and impartial hand.
That, you each may return to the bosom of a cheered and cheering
family, and receive the approbation of your respective constitu-
ents, is the fervent desire of one who has so much cause on the
Er
542
present occasion to thank you for the respect and confidence dis-
played toward him throughout the session, which it now becomes
my duly ou your part to close.
A message from the House of Representatives by Mr. Campbell
their clerk.
MR. SPEAKER,
The Speaker of the House of Representatives
has signed enrolled bills and resolutions of the following titles,
(viz:)
An act to compensate John C. Haley and John Haley, and for
other purpose?. An act concerning Indian reservations in the
Hiwassee District. An act to provide for the holding a chance-
ry court in Overton and Giles counties, and for other purposes.
An act to compensate Charles F. Keith, commissioner appointed
under an act of the last General Assembly, (or his services in ad-
judicating Hivvassee Improvements. An act for the benefit of
the regiment of cavalry ettached to the 13th brigade ofTennes-
see militia. An act to make lawful grants and entries within
five miles of the narrows of Harpeth. An act to amend the rev-
enue laws of this State. An act to amend an act entitled an act
for the relief of occupants south and west of ttie congressional
reservation line, passed December 30th, 1829, and for other pur-
poses. An act to regulate the proceedings in chancery in this
Slate, and for other purposes. An act to incorporate the town of
Wilhamsport, in the county of Maury, and to extend its limits.
An act to authorise Greene county court to authorise Robert O.
Gordon to erect a toll bridge across Lick creek, in Greene coun-
ty. An act to encourage the manufacture of salt. An act for tie
relief ofthe persons therein named. An act to appropriate one h Uf
of the State tax to county purposes. An act prescribing the du-
ties of sheriffs in relation to the call of a convention, and for
other purposes. An act to compel the commissioners of the
county seat of Monroe county to make settlement. A resolution
relative to the public lands of the United States. An act con-
cerningthe troop of cavalry at Pulaski. An act for the benefit
of Leonard Cardin and Absalom Looney. An act to repeal the
act of 1827, chapter 27, and for other purposes. An act to re-
vise and amend an act entitled an act to establish a system of
common schools, and to appropriate the school funds of this State.
An actio incorporate the Knoxville and Southern Rail Road
Company. And then he withdrew.
Whereupon the Speaker of the Senate signed said acts and
resolutions, and ordered them to be deposited in the office ofthe
Secretary of State.
A bill to compensate John C- Haley and his son John Haley,
for labor done and money expended on the boiling pot and suck
in the Tennessee river, was read a third time and passed.
Ii-3
A bill to amend an act entitled an act to establish a system of
common schools, and to appropriate the school fuhd of this State;
passed Jan. 14, 1830, was read and rejected.
A message from the House of Representatives by Mr. Campbell
their clerk.
MR. SPEAKER,
The House of Representatives have adopted the
following resolution:
Resolved by the General Assembly of the State of Tennessee,
That the Secretary of State be directed, and it is hereby made his
duty, to take possession of the hall of the House of liepresenta-
tives and the chamber of the Senate, together with the furniture
of the two houses, and that he cause the same to. be carefully
preserved for the use of the State; in which they ask your concur-
rence.
And then he withdrew.
Whereupon the Senate unanimously concurred in said resolu-
tion.
Ordered that the clerk acquaint the House of Representatives
therewith.
A message from the house of Representatives by Mr. Campbell
their clerk.
MR SPEAKER,
The House of Representatives concur in your
resolution directory to the President and Directors of the old
bank of the State.
And then he withdrew.
Whereupon, ordered that said resolution be enrolled.
Mr. Burford from the committee on the distribution of the acts
and journals of the present se-sion, made a report, which was
read, and on motion of Mr. Bu'ford, transmitted to the House of
Representatives,
Mr. Perkins submitted the following;
Whereas it is believed that the removal of the seat of Govern-
mentto Murfreesboro', would expedite the despatch of public bu-
siness:
Therefore,
Resolved, by the General Assembly of the State of Tennessee,
That the next meeting of the General Assembly shall be in the
town of Murfreesboro:—And it shall be the duty of the Secreta-
ry of State, on or before the 1st day of March, 1332, to remove
the records and papers of office, to the said town of Murfrees-
boro.
And thereupon the question was had, Will the Senate adopt
said preamble and resolution? and determined in the negative.
Ayes 3, Noes 17.
14^
The ayes and noes upon said question being constitutionally de-
Wianded by Mr. Bradford,
Those who voted in the affirmative are,
Mr. Bradford, Jetton, Perkins—3.
The negative voters are,
Mr. Speaker, Anderson, Andrews, Brabson, Burford, Davis,
Field, Frey, Giilespy, Greene, Holrnan, Lytic, McClellan, Mo-
Jver, Murray, Polk, YVyly—17.
And so said preamble and resolution were rejected.
A bill to divorce Elizabeth Linn from her husband Jacob Linn.
A bill to authorise John Martin and John B. Perkins to build a
bridge across Caney Fork. A bill to amend the laws in this
State in relation' to the government of slaves and free persons of
color. A bill for the benefit of tire Memphis Hospital. A bill to
amend the first section'of an act entitled an act to compel owners
of mill dams on little Pigeon river in Sevier fcounfy, to put slopes
therein. A bill to authorise Austin Gresham to sell a certain
slave. A bill supplementary to an act passed the present session
of the General Assembly to dispose of the forfeited lands in the
Iliwassee District. A bill requiring tire acts of a public and gen-
eral natureof this General Assembly to be bound. A bill to es-
tablish the town of Batavia in the county of Carroll. A bill for
the relief of the 77th regiment of Tennessee militia. A bill to
amend an act entitled an act to amend the laws now in force pre-
scribing the mode of making partition of lands, passed 26th Oc-
lober, 1799. A bill to repeal part of an act passed 13th January,
1830. A bill for the benefit of James O. K. Wood, were severally
read a third and last time in both bouses, passed and ordered to
be enrolled.
A bill making an appropriation of money to defray the expens-
es of the 1st session of the 19th General Assembly of the State of
Tennessee, was read a third time and passed.
The committee of enrollments reported as correctly enroll-
ed,
An act supplementary to an act passed at the present session
of the General Assembly, to dispose of the forfeited land in the
Hiwassee district. An act to appoint a Geologist, Mineralogist
and Assayer for the State of Tennessee. An act to authorise Aus-
tin Gresham to sell a certain slave. An act to amend an act to
compel owners of mill dams on Little Pigeon river in Sevier coun-
ty, to put slopes therein. An act to regulate the fees of the clerks
and masters in equity in this State. A resolution directory to the
president and directors of the old bank of the state of Tennessee. An
act for the relief of Sally Uopson, of Claiborne county. An act to
r mend the registration laws and for ofherpurposes. An act for the
relief of the 77th regiment of Tennessee militia. An act to au-
thorise David S. Shelton to build a mill dam on Sequatchee river.
s%&
An act to amend an act entitled an act to amend the laws now
in foce prescribing the mode of making partition of lands , pass-
ed 26th, 1199. An act to amend the laws 6( this State in
relation to the government Of slaves and free persons of color.
An act to authorise John Martin, John B. Perkins and John W.
Simpson to build a bridge across Caney Fork. An act for the
benefit of James O. K. Wood. An act establishing the town of
Batavia in the county of Carroll. An act for the benefit of the
Memphis hospital. An act to repeal part of an act passed 13th
January, 1830. An act regulating the returns of writs to the su-
pretne court. And an act requiring the acts of a public and gen-
eral nature of the General Assembly of the State of Tennessee, to
be bound,
Whereupon the Speaker signed said enrolled bills and resolu-
tions and ordered that they be trasmitted to the House of Repre-
sentatives.
A message from the House of Representatives by Mr. Campbell
their clerk.
Mr. SPEAKER,
The Speaker of the House of Representatives
has signed enrolled bills of the following titles:
An act to incorporate the Knoxville and Southern rail road
company. An act making an appropriation of money to defray
the expenses of the first session of the I9ih General Assembly.—
An act to authorize the erection of turnpike bridges and cause-
ways across the middle fork and bottom,and across the little north
fork and bottom of Fdrked Deer river in Gibson county. And an
act to amend an act entitled an act for the relief of Executors and
Administrators, passed Dec. 31, 1829. And then lie withdrew.
Whereupon the Speaker of the Senate signed said acts.
Ordered, that they be trasmitted to the Secretaries office.
Mr. Gillespy submitted the following,
Resolved, That the Treasurer of Middle Tennessee, pay Isaac,
a man of color, twenty dollars for his services in vyaiting upon
this General Assembly, during the present session in addition to
all allowances already made.
Whereupon said resolution was adopted.
Ordered that the clerk acquaint the House of Representatives
therewith and ask their concurrenc therein.
A message from the House of Representatives by Mr. Campbell
their clerk.
MR. SPEAKER,
The House of Representatives unanimously
concur in your resolution to pay Isaac. And then he withdrew.
Ordered that said resolution be enrolled.
Mr. Frey from the committee on Finance, made the following
report, which was read and concurred in.
S40
REPORT.
Ms. Fk£y from the Joint Committee on Finance made the fol-
^ * lowing report:
The J.'int Committee on Finance have/had the( accounts of the
several Treasurers, of this State under consideration, and. beg
leave io report that they find the Following to be the state and con-
dition of t!|6 funds of Cue State, to wit:
' The tabular statement marked A; appended to this report,.ex-
hibits the state ot the Treasury in the Western District for the
years 1829 and 1830, irom which if appears that the receipts into
the Treasury of that Department, after deducting ail Commissions
for collecting the same, amount-to the sum of $41,239 82 cents;
and that the disbursements, including'. Treasurer's commissions,
amount to the sum of$21,61 I, leaving a balance of $i9,628 82
unappropriated "for which sum said Treasurer has produced the
receipt of the Treasurer of West Tennessee.
The statement marked R. exhibits the statement of the Treasu-
ry of East Tennessee for the years 1829 and 1830 from which it
appears, that-the receipts into the Treasury, after deducting all
commissions for collecting the same, amount to the sum of $38,-
554 55 cents; and that the disbursements, including the Treasur-
er's commissions, amount to the sum of $28,738 15 cents, leav-
inga balance of $8,474 15 cents unappropriated, for which sum
said Treasurer lias produced the receipt of the Treasurer of West
Tennessee. It, further appears by reference to said statement,
that there remains uncollected a balance of $320 51 cents, upon
a judgment rendered against, the sheriff of Cocke county for the
year 1830, which will constitute a charge againt ths Treasurer in
the next settlement of his accounts; also the sum of $900 07 cents
on judgments previous to the year 1829, which will also consti-
tute a charge agai'ust said Treasurer in the next settlement of bis
accounts. "
The Statement marked C. exhibits the state of the Treasury of
West Tennessee for lite years 1S29 '30, from which it appears
that the receipts into the Treasury, for the ordinary revenue, af-
ter d"ducting commissions-for collecting, and also that portion
thereof appropriated by ky.v to the use of the counties, amount to
the sum of $81,499 64$ cents, also $4,685 -57 cents the balance,
of uncollected revenue at the last settlement; also $19,638 82 cts.
front the Treasurer of the Western District, and $8,474 15 from the
Treasurer of East Tennessee heretofore referred to; also the sum
of $57,-167 40 cents, the balance of revenue unappropriated
and in the hands of the Treasury at the last settlement;—making
in all the sum of $181,756 03! cents; and that the disbursements
347
by the Treasurer of West Tennessee, including commissions, a-
mount to the sum of of $12! ,0C>9 12 3-1 cent s; iea viog a balance
in the Treasury ol $o'3 022 S3 cents Unappropriated. The ec In-
niittee further report, *a balance due upon judgments rendered a-
gainst sundry olhcers prpiions to the year 1827, amounting to the
sum of$3,3<5 1G most or oil of which is cither very douh*;«l, or
actually lost to the Treasury by insolvency and judicial decisions.
Also 1300 in Kentucky notes loaned to individual, and ^ 154 in
Fayetteville note;, vv hich are not collected, and will constitute a
charge against the Treasurer on his next settlement.
The committee further report,-that the Treasurerof East Ten-
nessee produced the receipt of Robert.King, Treasurerof East
Tennessee eoIleg&, for the sum of $522 43 cents—monies collect-
ed for the use of academies; he also reported as collected by him
the sum of $10,8G0 74 cents for the use of colleges, for which lie
has produced the receipts of said Rober* King, Treasurer as
aforesaid. The Treasuter of East Tennessee also reported the
sum of $2,838 33 cents received by liirn for leases and rents of
school lands; and that lie lias paid to agents for superintending
the skme, the. sum of $377 99 cents, leaving a balance after de-
ducting his commissions, of $1,860 34 cen s, for which he has
..produced the seat of the cashier of the Branch Bank at Knoxvilie.
Said Treasurer further reported that be had received the sum of
$94,033 29 cents for lands in Hiwassee, since the 17ih of Sep-
tember, 1829, and has produced tire receip.t of the cashier of said
Brand) Bank, for the sum of $88,222 G4 cents—he has paid ex-
perises for printing done, and selling said lands, the sum of $151
50 cents; he has also produced the certificates and vouchers for
allowances made under an act of the General Assembly for im-
provemeots, aud paid by liim,f'or the sum of $3,S4S 42 cents.
All of which is respectfully submitted.
O. FREYj Chairman.
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S53
Ordered that said report be transmitted to the House of Repre-
gentatives.
On motion of Mr. Frey,
Ordered that said report he appended to the journals of the Sen-
ate, arid printed therewith.
Mr. Bradford offered the following:
I protest against receiving the report of the committee of fi-
nance; because, owing to the late hour at which it was made, I
am unable to make the necessary examination of it.
T. F. BRADFORD.
Which was read and ordered to be spread on the records.
Mr. Frey having voted with the majority pn the concurrence
with the re port of the committee on finance, moved a reconsid-
eration thereof, which was agreed to. The question was then
had, Will the Senate concur with said report? and determined in
the affirmative—ayes 15, noes 1,
The ayes and noes on said question being constitutionally de-
inanded by Mr. Frey,
Those who voted in the affirmative are,
Mr. Speaker, Brabson, Burford, Davis, Field, Frey, Gillespy,
Holman, Jetton, Lytle, McClellan, Mclver, Murray, Perkios,
Polk—15
The negative voter is,
Mr. Bradford,
And so said leport was concurred in.
Mr. Murray, from the committee on enrollments, reported as
truly enrolled, A resolution to pay Isaac.
VVhereupon the Speaker signed said resolution, and ordered
that it be transmuted to the House of Representatives.
A message from the House ot Representatives by Mr. Campbell
their clerk.
MR. SPEAKER,
The Speaker of the House of Representatives has
signed a resolution to pay Isaac.
And then he withdrew.
Whereupon the Speaker ordered that said enrolled resolution
be deposited in the office of the Secretary of State.
A message from the House of Representatives by Mr. Campbell
their clerk.
MR. SPEAKER,
The House of Representatives have closed the business before
them, and are now ready to*adjourn without day.
And then he withdrew.
The Senate having disposed of all the business before them, it
was, on motion of Mr. Burford, ordered that the Senate adjourn
nne die. BURCHET T. DOUGLASS, Speaker.
Wrn. K. HILL.
December 21sf, 1831.
JOURNAL
OP THE
OOTJUT OP IMPEACHMENT,
THE STATE OF TCMF]&;SEB,
rs.
JOSHUA HASKEEt,.
P. S. HEISKELI, & A. A. HALL,
PRINTERS TO THE STATE.
"KNOXVILIJE ■REGISTER" OFFICE,
P. 8. HE1SK.ELL, PRINTER.
1831.
SENATE CHAMBER, 24th DECEMBER, 1329.
The Senate at the hour of ten o'clock, A. M. Resolved themselves
into a Court on the the trial of Joshua Haskell, Esquire, Judge
of the 8th Judicial Circuit, on the articles of Impeachment exhib-
ited against him by .the House of Representatives, which are in
the'words and figures following, (to.wit:)
TicisJE® OW IJMFEJS. cssjmia r,
Exhibited by the House oj Representatives in the name of the State of Ten-
neisee, and of the people of the said State against JGSHUJi JiJlS-
KELL, Judge of the eighth Judicial Circuit in and for said State,
and of the Circuit Court of said State.
Whereas, the said Joshua Haskell was on the fourteenth day
of November eighteen hundred and twenty-one, constitutionally
and legally elected Judge of the eighth judicial circuit of the
State of Tennessee, and of the Circuit Courts of said State, vyith ail
the rights, privileges and emoluments, power, obligation and du-
ties pertaining to his office, was duly commissioned, took the sev-
eral oaths prescribed by the constitution, and the laws of the
land to be taken by him, in manner and form as prescribed, and
among others this: UI do solemnly swear that I will support
the constitution of the United States and of the State of Ten-
nessee, and that I will administer justice without respect to per-
sons, doing equal right to the poor and the rich, and that I will
faithfully perform and discharge all the duties incumbent on me,
as a Circuit Judge, according to the best of my skill and abili-
ties, So help me God"—forthwith entered upon the exercise of his
office, and discharge of the duties thereof, and from thence to
the present time has so continued; but becoming negligent and
capricious, and unmindful of the solemn duties of his office, and
of the obligation by which be was bound faithfully, and impar-
tially to the best of his skill- and abilities to discharge them, he
has in his Judicial capacity been guilty of the misdemeanors and
misbehaviour enumerated and charged in the following articles
and specifications:
ARTICLE FIRST.
On the trial of causes in the circuit courts holden by him as
Judge, he has negligently and illegally omitted, failed and refused
to hear, attend to, and superintend the testimony given by wit-
nesses, and to hear, attend to, and superintend the argument of
counsel upon such trials; but has on the trial of such causes neg-
igently and illegally departed from the court house, the place of
360
holding court, and of trial, left jury, witnesses and counsel to pro-
ceed without his presence, hearing, attention and superintend-
erice, and engaged in divers business, conversation, and amuse-
ments, to the great damage of the State of Tennessee, of the
counties in which such trials were had, and of the parties to the
causes so tried.
Specification first.
A circuit court was begun and holden in and for the county of
Henderson at the court house thereof, by the said Joshua Haskell
as Judge, on the second Monday of April eighteen hundred and
twenty eight, and continued to be so holden during the term as
prescribed by law; and then, to wit, on the sixteenth day of April
eighteen hundred and twenty eight, and there, was tried in and
before said court a certain cause, ihe State of Tennessee against
William Walden on an indictment for murder, and ori the trial of
said cause, being a trial by jury, before said court, and during the
examination by counsel of witnesses giving testimony in said
cause, and during the arguments of counsel then and there made
in said cause, he, the said Judge, then arid there, did negligent-
ly, capriciously and il'egally omit, fail and refuse to hear, attend
to, and superintend the testimony of said witnesses, then and there
given in, upon said trial,and. the arguments of cowsel so made on
said trial, and then and there did negligently, capriciously and il-
legally go off, out of hearing from the counsel, witnesses and
jury, then and there engaged in said trial, employ himself in coti-
versation and business with divers persons unknown, and so re-
mained out of hearing as aforesaid for a long time, to wi«, for
two hours; to the great damage of said William Walden, of the
said county of Henderson, and of the State of Tennessee.
Specification Second.
A circuit court was begun and holden in and for the county of
Montgomery, at the court house thereof, by the said Joshua Has-
kell as Judge, on the third Monday of August eighteen hundred
and twenty eight, and continued to be so holden for the term as
prescribed by law; and then, to wit, on the twenty-first day of
August eighteen hundred and twenty-eight, and there, was tried
in and before said court, by jury, a certain cause, the- State of
Tennessee against Andrew Johnson, on art indictment for horse-
stealing feloniously, and he the said Judge so holding said court
upon said trial, then and there, did negligently, capriciously and
illegally, omit, fail arid refuse to hear, attend to, and superintend
the testimony of witnesses who then and there gave testimony on
said trial; and then and there did negligently, capriciously and il-
legally, omit, fail and refuse to hear, attend to, and superintend
361
the arguments of counsel, which were then and there made or*
said trial; and then and *here did negligently, capriciously and
illegally, withdraw himself from the business of said trial during
the progress thereof, and engaged in various conversations and
business with divers persons unknown; to the great damage of
the said Andrew Johnson, of said county of Montgomery, and of
the State of Tennessee.
Specification Third.
A circuit court was begun and holdeain and for the county of
Hickman, at the court house thereof, on the second Monday of
September eighteen hundred arid twenty eight, by the said Joshua
Haskell aS Judge, and continued to be so holden lor the term
prescribed by law; and tlffen, to wit, on the twelfth day of Septern-
ber eighteen hundred and twenty-eight, and there, was. tried by
jury in and before said court, a certain cause, the State of Ten-
nessee against George W. Garrett on an indictment for perjury,
and on the trial of said cause, in and before said court and during
the examination by counsel of witnesses, then and there giving
testimony in said cause, and during 'the arguments of counsel
made on the trial of said cause, he, the said Joshua Haskell Judge
as aforesaid, then and there, did negligently, capriciously and il-
legally, omit, fail and refuse, to hear, attend to, and superintend
"the testimony of the witnesses, then and there given in upon said
trial, and then and there, did negligently, capriciously and iile-
gaily omit, fail, and refuse to hear, attend to, and superintend the
arguments of the counsel then and there made upon said trial;
be, the said Judge being, during the time of such testimony given
an, and of such arguments made, engaged in conversation and
business with divers persons, unknown, sometimes in the court
house, the place of trial, sometimes out of if, and sometimes out
of sight and hearing from said court house, to the great damage of
Hhe said George W. Garrett, of the prosecutor on said indict-
ment, of said county of Hickman,-and of the Stale cf Tonnes-
see.
Specification- Fourth.
A circuit court was begun and holden in and for the county of
Humphreys, at the court house thereof, on, the third Monday of
September eighteen hundred and twenty eight, by the said Joshua
Haskell as Judge, and continued to be so holden for the term pre-
scribed by law; and then, to wit, on the seventeenth day ^of Sep-
ternber eighteen hundred and twenty eight,-and there, was tried
by jury, in and before said court, a certain cause, the State of
Tennessee against Nimrod Hooper, on an indictment for feloni-
S63
on sly stealing bank notes, and during the examination by counsel
of witnesses, then and there giving testimony in said cause, and
during the arguments of counsel made on the trial of.said cause,
he, the said Joshua Haskell, Judge as aforesaid, then and there,
did negligently, capriciously and illegally, omit, fail, and refuse
to hear, attend to, and superintend the testimony of the witnesses,
then and there-given in upon said trial; and then and there, did
negligently, capriciously, and illegally omit, fail and refuse to
hear, attend to, and superintend the arguments of the counsel,
then and there made upon said trialj he, the said Judge being,
'during the time of such testimony given in, and of such argu-
meats made, engaged in conversation and business with divers
persons unknown, sometimes in the court house, the place of
Irial, and sometimes out of sight and hearing from the court
house, to the great damage of the said«Nimrod Hooper, of the
said county of Humphreys, and of the State of Tennessee.
Specification Fifth.
A circuit court was begun and holden in and for the county of
Dickson, at the court house thereof on the first Monday of Sep-
tember eighteen hundred and twenty eight, by the said Joshua
Haskell as Judge, and continued to be so holden for the term
prescribed by law; and then, to wit, on the fifth day of Septein-
ber eighteen hundred and twen'y eight, and there, a certain cause,
the Slate of Tennessee against Ausemus S. Merrill, on an in-
dictment for negro stealing, was tried by jury, in and before said
court, and on the trial of said cause, and during the examination
by counsel cf witnesses, and during the arguments of counsel on
the trial of said cause, he, the said Joshua Haskell, Judge as a-
foresaid, then and there, did negligently, capriciously and illegal-
ly omit, fail and refuse to hoar, attend to, and superintend the
testimony of the witnesses, which, then and there was given in
upon said trial, and then and there, did negligently, capriciously
and illegally omit, fail and refuse to hear, attend to, and super-
intend the arguments of counsel, which, then and there were
made on said trial; he, the said Judge being, during the time of
such testimony given in, and of - such arguments made, engaged
in conversation and business with divers persons unknown, some-
times in the court house, the place of trial, sometimes out of if}
and sometimes out of sight and hearing from the court house, to
the great damage of the said Ausemus S. Merritt, of said county
of Dickson, and of the State of Tennessee.
Specification Sixth.
A Circuit Court was begun and holden in and for the county
363
of Madison, at the court house thereof, by the said Joshua Has-
kelll as Judge, on the the third Monday of July eighteen hun-
dred and twenty-seven, and continued to be holden for the
term prescribed by law; and then, to wit on.the nineteenth day
of July eighteen hundred and twenty seven, and there a certain
Cause, the State of Tennessee against James Wright, on an in-
dictment for murder was tried by a jury in and before said court,
and on the trial of said cause and during the examination by coun-
sel of witnesses, then'and there giving testimony in said cause,
and during the arguments of couunsel made on the trial of said
cause, he, the said Joshua Haskell, Judge as aforesaid, then and
there, did negligently, capriciously and illegally omit, fail and re-
fuse to hear, attend to, and superintend the testimony of witness-
es, then and there given in on said trial, and then and there did
negligently, capriciously and illegally omit, fail and refuse to hear,
attend to, and superintend the arguments of counsel, then and
there made on said trial; he, the said Judge being, during the
time of said testimony given in, and of said .arguments made,
engaged in conversation and business with divers persons un-
known, sometimes in the courthouse, the place of trial, some-
times out of it, and sometimes out of sight and hearing from said
court house, to the great damage of said county of Madison,, and
of the State of Tennessee.
Specification Seventh.
A Circuit Court was begun and holden in and for the county of
Madison, at the court house thereof, by the said Josh&u Haskell as
Judge, on the third Monday of February, in the year eighteen
hundred and twenty eight, and continued to be 60 bolden for the
term prescribed by law; and then, to wit, on the twenty-first day
of said February, and there, a certain cause, the State of Tennes-
see against John Nevvbold, on an indictment for murder, was tried
by jury, in and before said court, and on the trial of said cause,
and during the examination by counsel of witnesses giving testi-
mony in said cause, and during the arguments of counsel on the
trial of said cause, he, the said Joshua Haskell, Judge as afore-
said, then and there did negligently, capriciously and illegally
omit, fail and refuse to hear, attend to, and superintend the testi-
mony of the witnesses, which tyas then and there given in upon
said trial, and then and there, did negligently, capricously and il-
legally omit, fail and refuse to hear, attend to, and superintend
the arguments of counsel, which were then and there made on
said trial; he, the said Judge, being, during the time of such tes-
• timony given in, and of such arguments made, engaged in conver-
sation, and bdsiness with divers persons unknown, sometime in
the court house, the place of trial, sometime out ot it, and some-»
301/
times out of sight and hearing from said court house; to the great
damage of the said John Newbold, of said county of Madison, and
of the State of Tennessee.
Specification Eighth.
A. Circuit Court was begun and holden in and for the county of
Haywood, at the court house thereof, by the said Joshua Haskell
as Judge, on the first Monday of July eighteen hundred and twen-
ty eight, and continued to be soholden for the term prescribed by
law; and then, to wit, on the eighth day of said July, and there, a
certain cause, the State of Tennessee against Stephens
fhis christian name being now unknown) on an indictment for
Mayhem, (being the only case of the State of Tennessee against a
man by the sirname of Stephens, then and there pending) was
tried by jury, in and before said court, and on the trial of said
cause, and during the arguments of counsel, then and there made
for the defendantpn said trial,he, the said Joshua Haskell Judge as
aforesaid,then and there,did negligently, capriciously and illegally
omit, fail & refuse to hear, attend to, and superintend the arguments
of said counsel, which then and there was made on said trial, he,
the said Judge, being, during the time of said arguments made,
engaged in conversation witn Pleasant M. Miller, and divers other
persons unknown, at a distance from the court house, the place of
trial, and of said arguments out of hearing, to the great damage
of the defendant, of said county of Haywood, and of the State of
Tennessee.
Specification Ninth.
A Circuit Court was begun and holden in and for the county of
Mad ison, at the court house thereof, by the said Joshua Haskell
as Judge, on the third Monday of February, eighteen hundred and
twenty nine, and continued to be so holden for the time prescrib-
ed by law; and then, to wit, on the twenty first day of said Feb-
ruary, and there a certain cause, Elijah Foster plaintiff, against
Henry Smith defendant, was tried by jury in and before said court
and on said trialof said cause, and during the examination by
counsel of witnesses, giving testimony in said cause, he, siad
Joshua Haskell, Judge as aforesaid, then and there, did negli-
gently, capriciously and illegally omit, fail, and refuse to hear, at-
tend to, and superintend the testimony of said witnesses, then and
there given in upon said trial, but, did then and there negligently,
capriciously and illegally, go off, out of sight and hearing from the
counsel, witnesses, and jury, then and there engaged in said trial •
employ himself in conversation and business, with divers persons
3G5
unknown, and remain so out of sight and hearing as aforesaid,
two hours; to the great damage of the parties in that cause, of
the county of Madison, and of the State of Tennessee.
Specification Tenth.
And in and before the oourt so holden as in the last preceding
aecification is mentioned, a certain cause, the State of Tennes-
ee against Solomon Stone, on an indictment for feloniously pass-
jng a counterfeit bank note; then, to wit, on the twenty first day
of February, eighteen hundred and twenty nine, and there, was
tried by jury, and on the trial of said cause, the said Judge then
and there, did negligently, Capriciously and illegally, omit, fail,
and refuse to hear, attend to and superintend the testimony of wit-
nesses then and there given in on said trial, and the arguments
of counsel then and there made on said trial, but did negligently,
capriciously and illegally, go off, out of hearing from the court
house, during the time of the testimony given in by witnesses,
and of the arguments made by counsel on said trial, to the great
damage of the said Solomon Stone, of said county of Madison,
and of the State of Tennessee.
Specification Eleventh
A circuit court was begun and holden in and for the county of
Hardin, at the court house thereof, by the said Joshua Haskell as
Judge, on the second Monday of May, eighteen hundred and
twenty nine, and continued to be so holden for the term prescrib-
ed by law; and then, to wit, on the fifteenth day of said May, and
there, was tried by jury, in and before said court, a certain cause,
John Thompson against William Sloan, and on the trial of said
cause before said court, and during the examination by counsel
of witnesses, then- and there giving testimony on said trial, and
during the arguments of counsel, then and there made on said
trial, he, the said Joshua Haskell, Judge as aforesaid, then and
there did negligently, capriciously and illegally, omit, fail and re-
fuse to hear, attend to, and superintend the testimony of the wit-
nesses which was then and there, given on said trial, and then
and there did negligently, capriciously and illegally omit, fail, and
refuse to hear, attend to ami superintend the arguments of coun-
sel which were then and there made on said trial, hd, said Judge
being, during the time of said testimony given, and of said argu-
ments made, engaged in conversation and business with divers
persons unknown, at a distance beyond hearing from the place of
trial; to the great damage of the parties in said cause, of said
county of Hardin, and of the State of Tennessee.
3 66
ARTICLE SECOND.
He has negligently and illegally omitted, failed and refu-sed to
have, arid to hear read in open court, the minutes of courts in
which he has presided as Judge, and has, as a Judge, signed them
as records of said courts, without having and hearing them read,
and without knowing whether they were true or false.
Specfication First.
A -circuit court was begun and holden in and for the county of
McNairy, at the court house thereof, by the said Joshua Haskell
as Judge, on the third Monday of May, eighteen hundred and
twenty-nine, and continued to be so holden for the term prescribed
by law, and on the twenty first day of said May, the minutes of
the proceedings.of said court for the previous day, not read or
signed, were produced by the proper officer and offered to be read
in open court, and he, the said Judge then and there, did negli-
gently and illegally omit, fail and refuse to have and to hear the
same read,kud then and there did negligently and illegally sign
them as true records of said court, without knowing whether
they were, or were not true—contrary to the form of the statute
in melt cases made and provided, to the great damage of the peo-
pie of this State, and of the State of Tennessee.
Specification Second.
A circuit court was begun and holden in and for the county of
Hickman, at the, court house thereof, by the said Joshua Haskell
as Judge, on the second Monday of September, eighteen hundred
and twenty eight, and continued to be so holden for the time pre-
scribed by law, and on the last day of said court, to wit, on the
twelfth day of said September, the minutes of the proceedings of
said court, then and there had, for the said last day, not read or
signed, were by the proper officer produced before the said Judge
in open court, raid he, said Judge, then and there did negligently
arid illegally omit, fail, and refuse to have and hear said minutes
read, and then and there did negligently and illegally sign said
minutes, as true records of the proceedings of said court, without
knowing whether said minutes were true or false, contrary to the
form of the statute, in such cases made and provided, to the great
damage of the people of this State, and of the State of Tennes-
iC(\
.111 and ryery of which aforesaid misdemeanors and misbeha*
viour, the House'of Representatives of the General Assembly of
the State of Tennessee say, the shid Joshua Haskell, Judge as
fifort said, ho;- committed and been -guilty of, to the evil example of
S67
all others in like case3 offending, and against the peace and dig-
nity of the State.
And the said House of Representatives of the General Assem-
bly of the Slate of Tennessee, by protestation, saving to them-
selves the right of exhibiting at any time hereafter, any further ar-
ticles or other accusations or impeachments against the said Josh-
ua Haskell, and also of replying to his answers, which he shall
make unto the said articles, or any of them, and offering proof to
all and every the aforesaid articles, and to all and every other ar-
ticles of impeachment or accusation, which shall be exhibited by
them, as the case shall require, do demand that the said Joshua
Haskell, Judge as aforesaid, nmy be put to answ'er the said articles
of misdemeanors and misbehaviour, and that such proceedings,
examinations, and trials and judgments may be thereupon had as
are agreeable to law and justice, and the constitution of the State
of Tennessee.
A. W. OVERTON,
1
1
B. GILLESPIE,
55
ROGER BARTON,
>
1
>
a
TVM. M. INGE,
pi
to
DIXON ALLEN,
J
cn
House of Representatives, December 21, 1829. )
Read and unanimously adopted. )
EPHRAIM H. FOSTER,
Speaker of the House of Representatives.
JVttcst
THOMAS J. CAMPBELL, Clerk.
The following oath was administered by Robert C. Foster, Esq.
a Justice of the Peace for Davidson county, to the honorable Pre-
sident and gentlemen of the court, except Mr. Walker, who was
absent from indisposition, to wit:
"You and each of you do solemnly swear upon the Holy Evan-
gelist of Almighty God, that in all things appertaining to the trial
of Joshua Haskell, Judge of the 3th Judicial circuit, you will do
impartial justice, according to law and evidence—So help vou
God."
And the following oath was administered by the same to the
clerk and sergeant at arms:
"You and each of you do solemnly swear upon the Holy Evan-
gelist of Almighty God, that as officers of this Court of Impeach-
merit, you will faithfully perform the duties pertaining to your of-
fices respectively, to the best of your skill and abilitis—So help
you God.'.
Ordered, That the Sergeant at arms forthwith notify the mana
gers on the part of the House of Representatives, and also the de
368
fendant, that the court are now organized, and ready to proceed
in the trial of said cause.
After the lapse of a few minutes, the managers on the part of
the House of Representatives, and the defendant and his counsel,
Mr. Fletcher, appeared and were invited to seats within the bar
of the Senate.
Whereupon the Honorable John Tipton, President of the court,
addressed the defendant in the following words, to wit:
"Judge Haskell, you have been summoned before ihe Senate of
the State of Tennessee, now acting as a court, on articles of im-
peachment, preferred against you by the House of Representa-
tives. The court are now ready to proceed in the investigation of
said charges, and to hear any answer you may think proper to
make by yourself or counsel, and are willing to extend to you all
the rights and privileges, guaranteed by the constitution and laws
of our State."
Mr. Huntsman submitted the following:
"In tiie impeachment of the Honorable Joshua Haskell, before
the Senate of the State of Tennessee, Adam Huntsman, one of
the Senators, states, that he has been summoned as a witness a-
gainst the defendant; that he has been examined before the inves-
tigating committee, and expects to be examined as a witness be-
fore the Honorable Senate when sitting as a court.
The delicacy of the situation of the same person sitting as
Judge, Juror and Witness; and furthermore it being his duty to
weigh the extent and application as well as the credibility of his
owti testimony, is so contrary to the spirit of our laws and consti*
tution, that it ought never to be exercised by the same person un-
der any circumstances, as it is wholly repugnant to the princi-
pies of our government He therefore prays to be excused from
sitting as a member of this court.
Mr. Campbell moved that Adam Huntsman be excused from
setting as a member of this court on the trial of Joshua Haskell
and the question thereon being taken it was determined in the
negative—Mr. Campbell only voting in favor of the motion, and
Messrs. President, Allen, Burford, Cannon, Cleveland, Frey, Gil-
lespy, Graves, Greene, Holman, Johnson, Littlelield, Love, Lytle,
McClellan, Smith and Webster—17—against it.
Ordered, that the rules governing the court, on the trial of N.
W. Williams, be adopted for the government of this court.
Mr. Campbell moved the court to adjourn until Monday next,
10 o'clock, A. M. and that the defendant be allowed until that
time to prescribe the course he intends taking in his defence,
which motioti prevailed.
Whereupon it was ordered that the court adjourn until Monday
morning 10 o'clock. JOHN TIPTON, President.
William K. Hill, Clerk.
369
MONDAY, 2Sth DECEMBER, 1829.
Court met according to adjournment.
The Honorable John Tipton, President thereof in the chair,
the respective members in their seats, the managers on the part
of the House of Representatives and also the Respondent and his
counsel being present,
Mr. Gillespy on the part of the managers moved to amend the
7th, 9th and 10th Specifications of the first article, by striking
from said Specifications, the words, 'third Monday in February,'
and inserting in lieu thereof the words "third Monday in Janua-
ry, and 23d day of January," and the defendant by his counsel
agreeing thereto, it was ordered by the court that said amendment
be made.
Mr. Fletcher as counsel for the defendant, moved the court to al-
low him until Monday the 4th of Jan. 1830, to file his answer and
pleas to the charges and specifications preferred against him by the
house of representatives, which motion was sustained by the unan-
imous consent of the Court.
Whereupon it was ordered on motion of Mr. Huntsman that this
court adjourn until Thursday next, 10 o'clock, A. M.
JOHN TIPTON, President.
William K. Hill, Clerk.
THURSDAY, 31st DECEMBER, 1829.
Court met according to adjournment.
The Honorable John Tipton, President thereof in the chair, the
respective members in their seats, the managers on the part, of the
House of Representatives, and also the defendant and his coun-
sel being present,
Mr. Gillespie on the part of the managers, moved further to
amend the 7th, 9th and 10th Specifications of the 1st article by
adding to each of said Specifications the words "and twenty-third
day of January," and the defendant by his counsel agreeing
thereto, it was ordered by the court that said amendment be
made.
Mr. Huntsman then moved the court to adjourn until Monday
next, 10 o'clock, A. M. which motion was sustained.
Wherenpon it was ordered that this court adjourn until Mon-
day next, 10 o'clock, A. M. the 4th of January.
JOHN TIPTON, President.
370
MONDAY, 4th JANAUARY, 1830.
Court met according to adjournment.
The Honorable John Tipton, President thereof in the chair, the
respective members in their seats, the managers on the part of the
House of Representatives, and also the defendant and his coun-
sel being present.
State of Tennessee,
vs.
Jo shua Haskell, Julge of the 8th Judicial circuit,
This respondent in his proper person comes into the
said court, md protesting that there is no misdemeanor, or mis-
behaviour, particularly alledged in the said articles of impeach-
ment, to which he is or can be bound by law to answer, and sav-
ingto himself, now and at all times hereafter, all benefit of ex-
ception to the insufficiency of the said articles and specifications,
arid each of them, aricf to the defects therein appearing in point of
of law or otherwise.
For plea to the said first article of impeachment, and to the said
specifications therein set forth, sailh that lie is not guilty of any
misdemeanor or misbehaviour, as in and by the said first article
and said specifications is alledged; and this he prays may be en-
quired of, by this Honorabe court, in such manner as law and jus-
tice shall seem to require.
And the said Joshua Haskell to the said second article of Im-
peachment, and to the said specifications therein set forth, saith
that he is not guilty of any misdeanor, or misbehaviour as in and
by the said second article, and the said last mentioned specifica-
lions is alledged, and this lie prays may be inquired of by this
honorable court, in such manner, as law and justic shall seem to-
them to require.
And the managers on the part of the House of Representatives
doth the like.
Mr. Burford submitted the following,
Whereas the General Assembly have nearly closed the bus-f-
ness of the present session, and whereas the Defendant states,,
that it will not be possible for him to be ready for trial in a less
time than two weeks, which time the court think reasonable;
Therefore in order to relieve the State of great expense from the
procrastination of the session, arid by the consent of the defend-
ant and the managers on the part of the House of Represents-
tives; Mr. Burford moved that the trial of the Honorable Joshua
Haskell be postponed until the second Monday of the next regular
or called session of the General Assembly, which motion was sus-
tained.
Ayes—Mr. President, Allen, Burford, Campbell, Cannon,
371
Cleveland, Frey, Glllespy, Graves, Greene, Holman, Huntsman,
Love,Lytle, McClellan, Smith and Webster, 17.
Noes—Messrs. Johnson and Littlelieid, 2.
Whereupon it was ordered by the court, that this cause be sns-
pended, until the second Monday of the uext meeting of the Le-
gislature.
On motion of Mr. Huntsman,
Ordered that this court adjourn until tomorrow morning ten o'-
clock.
JOHN TIPTON, President.
Wjji.K. Hill, clerk.
TUESDAY, 5th JANUARY, 1S30.
The court met according to adjournment.
The Honorable John Tipton, president thereof, and the respec-
tive members in their seats.
State of Tennessee, ^
vs. . >
Joshua Haskell, Judge of the 8th Judicial circuit. )
This cause being continued until the 2d Monday of the next meet-
ing of the Legislature, it is ordered by the court, that the clerk is-
sue to the order of the managers on the part of the House of Re-
preservatives, and also to the order of the Respondent and his
counsel, any and ail subpeonas by them applied for, directed
to the Sheriffs or Coroners of the several counties in which such
witnesses may reside returnable on the said 2d Monday of the
next meeting of the General Assembly.
Ordered that litis court adjourn until the said 2d Monday of
the next meeting of the Legislature.
JOIIN TIPTON, President.
W. K. HILL, Clerk.
WEDNESDAY, SEPTEMBER 28th, 1831.
The Seriate resolved themselves into a court of impeachment
on the articles and specifications preferred by the House of Re-
preservatives at the last, session of the General Assembly, against
Joshua Haskell, Judge of the 8th Judicial circuit in and for the
State of Tennessee, and of the circuit courts ot said State; ap-
pointed lire Honorable Abrarn McClellan, .Senator from the county
of Sullivan, President thereof, William K. Hill, their clerk, and
George W. Woods, their Sergeant at arms.
373
The following oath was thereupon administered by Thomas
Stewart, Esq. one of the Judges of the circuit courts of the State
of Tennessee, to the honorable President and gentlemen of the
court, except Mr. Davis and Mr. Douglas, to wit:
"You and each of you do solemnly swear upon the Holy Evan-
gelist of Almighty God, that in all things appertaining to the trial
of .loshua Haskell, Judge of the 8th Judicial circuit, you will do
impartial justice, according to law and evidence, So help you
God.
The following oath was administered by the same to the clerk
and sergeant at arms.
"You and each of you do solemnly swear upon the Holy Evan-
gelist of Almighty God, that as officers of this court of impeach-
ment, you will faithfully perform the duties pertaining to your
offices respectively, to the best of your skill and abilities, So help
you God.
On motion of Mr. Bradford,
Ordered, that the clerk of this court, notify the House of Re-
presentatives that the Senate have, resolved themselves into a
Court of Impeachment, and are now ready to proceed in the trial
of the cause set for hearing. And
On motion of Mr. Greene it was further ordered, that the Ser-
geant at Arms forthwith give the same notification to the Respon-
dent Judge Haskell.
On motion of Mr. Greene,
Ordered, that the rules adopted for the government of the Court
of Impeachment on the trial of Judge Nathaniel W. Williams, be
adopted as the rules for the goverment of this court.
Mr. Bradford submitted the following for the consideration of
the court:
Whereas Burchet Douglass and William Davis, two members
of the Senate, have claimed to be excused from serving as mem-
bers of this court, for the reason, that they were formerly mem-
bers of the committee of the House of Representatives, who pre-
ferred the articles of impeachment now pending against the Judge
of the 8th Judicial circuit.
Upon consideration, the reason assigned is deemed sufficient
by the court.
About which the court made no order.
Received from the House of Representatives, by Mr. Allen, one
of the managers on their part, the following message, to wit:
Mr. President,
I am directed to inform the court of impeachment that the
House of Repvetentatives are not now ready to proceed with the
trial of Judge Haskell, and request a continuance of said cause
until Monday next.
The respondent ?\nd his counsel being present, and consenting
373
to,the request of the House of Representatives, it is therefore,
Ordered, that this court adjourn until Monday morning next,
10 o'clock:
A. McCLELLAN.
William IC. Hill, clerk.
MONDAY, OCTOBER 3rd, 1831.
Court met agreeable to adjournment.
The Honorable Abram McClellan, President thereof, in the
chair, the respective members in their seats, the managers on the
part of the House of Representatives, and also the respondent
and his counsel being present.
Mr. Bradford asked leave to withdraw the motion made and
submitted by him on Wednesday last, for the consideration of the
court; which was granted.
Messrs Douglass and Davis offered the following as the cause
of their refusing to serve as members of this court, and obtained
leave to have it spread upon the Journal:
"The undersigned Senators would respectfully represent to the
court of impeachment notv in session for the trial of the Judge of
the 8th Judicial circuit of the State of Tennessee, that they were
members of the House of Representatives of the last General As-
sembly, and members of the committee who examined the witness-
es on the part of the State; and upon whose testimony the arti-
cles of impeachment were voted, upon which the defendant is
now before this court for trial.—And for as much as the custom
in all criminal prosecutions, founded in propriety, forbid that
prosecutors should be judges: They therefore ask to be ex-
cusedTor their refusal to set as members of the present court,
and that the foregoing be spread upon the records of the
court.
BURCHET DOUGLASS.
WILLIAM DAVIS.
Mrl Fletcher as counsel for the defendant, moved the court to
make an order, authorising the sergeant at arms to depute per-
sons to serve subpoenas in behalf of the respondent in cases where
he cannot conveniently serve them himself.
Mr. Claiborne, one of the managers on the part of the House
of Representatives, moved the court to extend the order, so as to
authorise the sergeant at arms to depute persons to serve subpoe-
nas on the part of the State also, when he cannot conveniently
do so himself: both of which motions being sustained,
It was ordered by the court, that the Sergeant at arms depute
persons to serve subpoenas as well on the part of the State as of
Ww
37*
the defendant, in all esses where he cannot conveniently do so
himself.
Mr. Claiborne moved the court to allow the managers until
Monday next to prepare for the trial ot Joshua Haskell, Judge,
&c. which motion being also sustained,
It was ordered, on motion of Mr. Burford, that this court ad-
journ until Monday next, 10 o'clock, A. M.
A. McCLELLAN.
WAL K. HILL, Clerk.
MONDAY MORNING, OCTOBER 10th, 1831.
Court met agreeable to adjournment.
The Honorable Abram McClellan, president thereof, in the
chair, the respective members in their seats; the managers on the
part of the House of Representatives, and also the respondent and
his counsel being present.
Mr. Claiborne, one of the managers on the part of the House
of Representatives, informed the court they were ready to pro-
ceed in the trial of Joshua Haskell, Judge of the 8th Judicial
circuit.
Thomas H. Fletcher, Esq. as counsel for the rsspondent, moved
the court to allow the defendant until Monday the 31st day of
this month, to procure the attendance of his witnesses
Which being considered reasonable, and the managers agreeing
thereto, it was ordered by the court, that the indulgence asked
for by the defendant be allowed him, and that the clerk issue sub-
poenas returnable on that day.
Ordered that this court adjourn until Monday next, 2 o'clock,
P. M.
A. McCLELLAN, Chairman.
WM. K. MILL, Clerk.
MONDAY, OCTOBER 17th, 1831.
Court met according to adjournment.
The Honorable Abram AlcClellan, president thereof, in the
chair, the respective members in their seats, Mr. Inge, Mr. AI-
len, Air. Dunlap. ^r* Turriey and Mr. Claiborne, managers on the
part, of the Hoi'se Representatives; and also the respondent
and his counsel? W7m. E. Anderson, Alfred Balch and Thomas
H. Fletcher, Esq1"16* beillS present.
$7 *
The State of Tennessee, )
Vs. C
Joshua Haskell, Judge of )
the 8th circuit.
This cause being continued by consent of the parties, until
Monday next, 2 o'clock, P. M. it is ordered that the court adjourn
until that time.
A. McCLELLAN.
WM. K. HILL.
MONDAY EVENING, 2 o'clock, OCTOBER 24th., 1831.
Court met according to adjournment.
The Honorable Abrara McClellan, president thereof, in the
chair, the respective members in their seats, the managers on
the part of the House of Representatives, and also the respond-
ent and his counsel being present.
The State of Tennessee, }
vs. > Impeachment.
Joshua Haskell, Judge of the )
8th Judicial circuit.
The trial of this cause being set for Monday next, it is order-
ed that this court adjourn until that dav 10 o'clock, A. M.
A. McCLELLAN.
WM. K. HILL, Clerk.
MONDAY MORNING, OCTOBER 31st, 1831.
Court met according to adjournment.
The Honorable Abram McClellan, president thereof, in the
chair, the respective members in their seats, the managers on the
part of the House of Representatives, and also the respondent
and his counsel being present.
Pleasant M. Miller, Esq. one of the counsel for the defendant,
also appeared, and took his seat within the bar of the Senate.
State of Tennessee,
vs.
Joshua Haskell, Judge of
the 8th Judicial circuit
Mr. Inge on the part of the House of Representatives, moved
the court to adjourn until Wednesday next, 10 o'clock, A. &!.
Which motion being sustained, it was thereupon ordered that this
court adjourn untii that time.
A. McCLELLAN.
WM. HILL, Clerk.
WEDNESDAY MORNING, NOVEMBER 2nd, 1831.
Court met according to adjournment.
The Honorable Abram McClellan, president thereof, in the
chair, the respective members in their seats, the managers on the
part of the House of Representatives,and also the respondent and
bis counsel being present.
State of Tennessee, }
vs. > Impeachment.
Joshua Haskell, Judge of )
the 8th Judicial circuit.
Mr. Allen, one of the managers on the part of the House of
Representatives, moved the court to adjourn until Monday the
14lhinst., alleging that they, on the part of the State, were not
prepared to enter into the trial of said cause, on account of the
absence of important witnesses, on the* part. of the prosecu-
tion.
The motion was advocated by Mr. Allen, Mr. Claiborne, Mr.
Turney and Mr. Inge, and objected to by the defendant's counsel.
And the argument being unfinished, on motion of Mr. Bradford,
Ordered that this court adjourn until tomorrow morning, 10
o'clock.
A. McCLELLAN.
WM. K. HILL, Clerk.
THURSDAY MORNING, NOVEMBER 3rd, 1831.
Court met according to adjournment.
The Honorable Abram MeClelian, president thereof, in the
chair, the respective members in their seats, the managers on the
part of the House of Representatives, and also the respondent
and his counsel being present.
State of Tennessee, "J
vs. > Impe't.
Joshua Haskell, Judge of the 8th Judicial circuit. J
The argument on the motion of Mr. Allen, was resumed, and
continued for some time, when the managers on the part of the
House of Representatives proposed to amend the motion by sub-
$77
stituting Wednesday the 9th Mn5tead 0f Monday 14th, alleging
that their sole object in asking the postponement of this cause un-
til Wednesday next, is because* ^ey are noj- prepared at -this time
for trial on account of the abse nce several of their most import-
ant witnesses; some of whom 'have been regularly summoned, but
do not attend; others have bee n returned not found, who are ma-
terial witnesses for the State; a^nd they believe that their presence
can be had in eight or ten days,. an(j therefore move the court to
postpone the trial of this cause until^Wednesday next. \ And after
argument being heard as well vjn support of as against the motion,
tion, the question was submitted ancj determined in the negative,
Noes 10, Ayes 8. " '
Those who voted in favor the motion are
W^iry_rr8eSident' Brabson' Flt^ld> Frey> Giilespy, Lytle, Polk and
Those who voted against the motion are
t ^r' Anderson, Andrews, Bi,acjforci5 Burford, Greene, Holm an,
Jetton, Mclver, Murray and Pe r[jjns
And so said motion was ove*>ru]e(j
Mr. Joseph H. Talbot, a wiyness on t^e ^ ^ gta(e being
sworn,
F'a^.orne one of the• ™ anagers on the part of the State,
asked the witness to state nil Ke feSew in relation to the conduct
of the accused, on the trial of Wniiain Walden, on an indictment
for murder in the Henderson , , b d h ,d ,
2d Monday in April, 1828 which Mr. Fletcher as counsel
for the Respondent objected %ndaubraitledlhe fol]owing as bis
reasons tor such objection; °
1st. That for the purpose o^8hewi thatlheco ta „,enlioned
m the specifications were ,e,d a( ,h» £eceral ,imes ch d and
for the counties charged, the honorabIe managers must vbroduce
properly authenticated recort,s of Baid court8 °and lhat a£y other
testimony™ incompetent and inadmissible.
(0rt^e PurP°se jewing that the suits mentioned in the
specifications were tried in tl^e courts mentioned therein, and at
the times charged,and that on ^eir ^rja| the respondent presided as
Judge, the honorable manage^ ,nust produce authenticated trans-
cripts of the record of each cage g0 charged, and that any other
testimony is incompetent inadrnissible, and therefore the
counsel for the respondent mDVe jj)e courj t0 reject any and all
testimony touching said fa'cta^ gave transcripts aforesaid.
And after hearing argumeq^g as we]j jn SUpp0rtof as against
said motion, the court adjouine(j untjj to>morrow morning 10 o'-
clock, A.M.
Tr , , A. McCLELLAN.
Wm. Ii. Hill, clerk.
278
Mr. Ilolman's reasons for his vote on the motion of Mr. Allen
to postpone till Wednesday:
The Managers on the part of the House of Representatives niov-
ed the court to continue the trial of this Impeachment until WeiU
nesday the 9lh instant, alleging that many of their witnesses were
absent, some of whom, (they said) had been summoned, others
returned not found, and that those witnesses were material for
the State, &c. The Respondent's counsel objected to this con-
tinuance arid demanded a trial.
I am of opinion that this motion for a continuance ought not to
sustained. The House of Representatives have exhibited articles
of impeachment against this /Respondent, they have appointed
their Managers; the ■ Senate have organized themselves into a
court of Impeachment; the managers have appeared before them,
and this cause is now properly before the court, and beyond the
reach and control of the House of Representatives. The ques-
lions then before this court for their determination are,
First, is this court governed by the same rules of law that" gov-
ern criminal prosecutions in courts of common law? and if so,
have the managers shown good cause for a continuance?
In the first place, I am of opinion that the same rules of law
which govern all proceedings in courts of common law govern
this court It is futile to say, that because this is the highest court
in the land, that consequently it is not bound to obey those rules
of law, by which courts of justice are governed. Its elevation
and the supposed wisdom of its judges, is one reason why it is
expected that this court should in its decisions rigidly adhere to
the laws of the country.
Secondly, It has not been shown to the satisfaction of my mind,
that the evidence of those absent witnesses is material for the
State, or that the facts which they would prove cannot be proved
by other witnesses present. Judge Greene and Mr. Dyer, it is
said are material witnesses for the State; but upon inquiry it Fis
ascertained that neither of them have been subpeoned to attend
this trial. We have no affidavit before us, showing the materiality
of any absent witness, or that the managers cannot go safely 10
trial without the testimony of the absent witnesses. The contin-
uance of this trial will produce a considerable amount of cost,
both to ths State and to the Respondent. He demands "a speedy,
hasty trial," to which the constitution entitles him, and as I be-
lieve sufficient cause has not been shown for a continuance. I, as
one of the members of this court, will not grant it.
JAMES T. IIOLMAN.
379
FRIDAY MORNING, NOVEMBER, 4th 1831.
Court met according to adjournment.
The Hon. Abram MeClellun, President ihereof in the chair, the
respective members in their seats, the managers on the part of the
House of Representatives, and also the respondent and his conn-
sel being present.
St ate of Tennessee, if
vs. > Impediment.
Joshua Haskell, Judge of the 8th Judicial circuit, )
The argume.nt on Mr. Fletcher's motion of yesterday was re-
sumed,and continued until 5 o'clock in the evening, and not ha-
ving been concluded, it was on motion of Mr. Bradford,
Ordered, that the further arguments on said motion be suspend-
ed, and that this court adjourn until tomorrow morning 10 o'-
rlnrlr
A. McCLELLAN.
Wm.K. Hill, clerk.
SATURDAY MORNING, NOVEMBER 5th, 1831.
Court met according to adjournment.
The honorable Abram MeClellan,President thereof in the chair,
the respective members in their seals, the managers on the part
of the house of representatives, and also the Respondent and his
counsel being present.
The State of Tennessee,
vs. *>
Joshua Haskell, Judge of the 8th Judicial circuit,J
The argument on Mr. Fletcher's motion was resumed by Mr.
Andersou during the progress of which he waived the first branch
of the grounds taken by Mr. Fletcher in his objections to the-ques-
tion asked the witness; at the conclusion of which the question
was submitted, will the court sustain the motion, and determin-
ed unanimously in the affirmative.
On motion of Mr. Holmanitwas ordered that the following
rules be adopted for the government of the court.
Rule 1st. The President of the court, so soon as the Speaker of
the Senate leaves the chair shall assume his seat and call the
members of the court to order.
2d. Not more than one of the counsel for the Respondent, nor
more than one on the part of the State, shall examine any one wit-
ness. And on all collateral questions which may come before the
court, such as upon the competency or admissibility of testimony
380
not more than two on either side shall speak on the same ques-
tion.
3d. All motions made by the counsel on either side shall be
in writing and shall be enterred of record.
4th. Should the counsel for the Respondent, or the managers
on the part of the house of Representatives, deviate in argument,
from the point before the court, it shall be the duty of the President
or any member of the court to call him to order.
5th. No member shall argue ahy point before the court, but may
when called upon for a decision, state the reasons of his opinion
or peliver them in writing.
6'th. When any decision is made by the court the President shall
announce the result, but no decision shall be announced unless
Concurred in by a majority of the court.
7th. The President shall collect arid deliver the opinion of the
court, and decide the points of order between the counsel of the
Respondent and the managers on the part of the State, or may
submit the same to the court for determination. The opinion of
each member shall be called for and given separately if required;
and the ayes and noes shall be taken by the clerk on every ques-
tidn, and the result shall be announced by the President.
Mr. Allen one of the managers for the prosecution moved the
court to delay the further trial of the cause until 10 o'clock, A. M ■
Tuesday next, that the managers might have time to procure cer-
tain records required by the dscision of the court just made, and
which they had sent for to Charlottte, Clarksville, and to Hick-
man county, and which they expect to receive by Monday evening
next.
And after hearing arguments, as well in suppors of as against
said motion, the question was submitted, Will the court sustain the
motion? and determined unanimously in the affirmative.
Whereupon it was ordered that this court adjourn until Tues-
day morning next, 10 o'clock.
A. McCLELLAN.
WM, K. II1LL, Clerk.
TUESDAY MORNING, NOVEMBER Sth, 1831,
Court met according to adjournment.
The Honorable Abram McClellan, president thereof, in the
chair, the respective members in their seats, the managers on the
part of the House of Representatives, and also the respondent and
his counsel being present.
SSI
State 6f Tennessee,
vs.
Joshua Haskell, Judge of the 8th Judicial -circuit.
Mr. Cave Johnson, a witness on the part of the State, was in-
Produced, sworn and examined; during the progress of whose ex-
amination, he was asked by Mr. Claiborne, one of the managers,
"If Judge Haskell left .the bench during the, trial of other causes
than those specified in the 2nd specification, of the 1st article, to
wit, that of the State against Andrew Johnston?" to which the
counsel; for the defendant objected, as the trials referred to were
not set forth in any specifications.
And after arguments being beard as well in support of as against
tlie objection, the question was submitted, Will the pourt sustain
the objection made by defendant's counsel? apd determined in the
affirmative—ayes 13, noes 5.
Those who voted in the affirmative,are,
Messrs. President, Anderson, Andrews, Brahson, Field, Gil-
lespy, Greene, Holman, Jetton, Murray, Perkins, Polk and Wy-
ly, 13. <
The negative voters are,
Mr. Bradford, Burford, Frey, Lytle and Mclver, 5.
And so the objection taken was sustained.
The witness, Mr. Johnson, after stating the fact of the absence?
of the Judge from the court while the 1 rial was progressing, in the
case of the State, vs. Andrew Johnson, went on to state the pecu-
liar circumstances and facts, which fixed in his recollection the
fact of the absence of the Judge; to the statement of which pecu-
liar circumstances and facts, (they not being specified in any spe-
cification, the counsel of the respondent objected, arid moved the
court to exclude the testimony; which motion was overruled, ayes
3, noes 15.
Mr. Bradford, Mr. Lytle and Mr. Perkins, 3, voting in the af-
firmative, and Mr. President, Andrews, Anderson, Brahson, Bur-
ford, Field, Frey, Gillespy, Greene, Holman, Jetton, Mclver, Mur-
ray, Polk and Wyly, voting in the negative.
The managers introduced a copy of the record in the case of
the State, vsf Ausemus S.Merrilt, mentioned in the 5th specifica-
tion of the 1st article, and proposed to read the same as evidence
in support of the prosecution.
To which the counsel for the respondent objected, on the ground
that there is a variance in the record, arid the case specified in the
said 5th specification,in tins: that the given name of the defendant
is spelled "Orsemus" in the record, and uAust'mus"in the said 5u'i
specification and moved the court to prohibit the reading of the
record as evidence against the accused.
Whereupon the question was submitted, Will the court sustain
the said rhotion? and determined in the negative, Mr. Gillespy andl
Xx
3 S3
Mr.'Murray voting; in the affirmative, and Mr. President, Ander.
son, Andrews, Brabson, Bradford, Burford, Field, Frey, Greene,
llohnan, Jetton, Lytle, Melver, Perkins, Polk and Wyly—•16, in
the negative.
The examination of I\Ir. Cave Johnston was resumed; in the
course of which, the managers requested the witness to state all
lie knew in relation to the charges and specifications set forth in
theoih specification. •
The defendant's.courisel objected to the introduction of any les-
timony under the said■ fifth specification, going to show that the
respondent was absent from the court house, during the electing,
empanneling or swearing of the jury in the case therein specified;
alleging that no such charge was contained in said specification.
And after hearing arguments as well in support of as against
said objection, the quesuon was submitted, Will the Seriate sustain
the objection made by defendant's counsel? and determined in the
negative.
Mr. Anderson, Andrews, Bradford, Field, Holman, Mclver, Mur-
ray, 7, voting in the affirmative; and,
Mr. President, Brabson, Burford, Frey, Gillespy. Greene, Jetton,
Lytle, Perkins, Polkund VVylv, If, votinginthe negative.
Ordered that this court adjourn until tomorrow morning, 10
o'clock.
A. McCLELLAN.
WM. K. HILL.
WEDNESDAY MORNING, NOVEMBER 9th, 1S3L
Court met according to adjournment. '
The Honorable Abram McClellan, president thereof, in the
chair, the respective members in their seats, the managers on the
part of the House of Representatives, and also the respondent and
his counsel being present.
The State of Tennessee,
vs.
Joshua Haskell, Judge of the Sth Judicial circuit.
The examination of Mr. Cave Johnson was again resumed,in
the progress of which, Mr. Claiborne one of the managers on the
part of the prosecution, asked the witness to state, what the gener-
eral conduct of the Judge was, in relation to his leaving the bench
during the trial of causes' at the Montgomery and Dickson courts
during the terms mentioned in the 2nd and 5th specifications—
stating that this question is asked, because the respondent's coun-
sel asked the witness whether any exceptions were taken to the
respondent's opinions, and whether there was not as much busi-
S8S
ness done at those courts as usual. To which respondent's coun-
sel objected, and submitted the question without arguments to the
court.
The objection" was overruled;
Mr. Murray voting to sustain the objection; and
Mr. President, Andersoh, Andrews, Brabson, Bradford, Bur-
ford,Field, Frey, Gillespy, Greene, Holman, Jetton, Lytle, Mclver,
Perkins, Polk and Wyly, voting against the objection.
Nathaniel II. Allen, a witness on the part of the State,was in-
troduced, sworn and examined; at the conclusion of which lie was
finally discharged.
Joseph Hise and Leonard P. Cheatham were introduced, sworn
and examined in support pf the prosecution.
Ordered that the court adjourn until tomorrow morning1" 10 o'-
plnplr
A. McCLELLAN.
THURSDAY MORNING, NOVEMBER lOth, 1831.
Court met according to adjournment.
The Honorable Abram McClellan, president thereof, in the
chair, the respective members in their seats, the managers on the
part of the House of Representatives, and also the respondent and
his counsel being present.
State of Tennessee, }
vs. V Impeacbm'nt
Joshua Haskell, Judge of the 8th Judicial circuit. )
Mr. Samuel Sebastian was introduced, sworn and examined
in support of the prosecution; at the close of whose examination he
was finally discharged.
On motion of Mr. Bradford,
Mr. James McDowell was appointed assistant sergeant at arms
who was thereupon ordered to remain without the bar of the
couit, for the purpose of securing silence and preserving good or-
der in the lobby of the Senate.
Gabriel Fowlkes and Henry Nixon, witnesses on the part of the
State, were introduced, sworn and examined.
Andrew L. Martin, a. witness on thq part of the prosecution,
was introduced and examined; in the progress of whose examina-
tion, he was asked by Mr. Claiborne, if the respondent was not in
the habit of leaving the bench during the trial of causes? To which
respondent's counsel objected, upon the ground that the habit re-
lates to cases not contained in anyone of the articles of impeach-
ment or specifications attaqhecj thereto; and moved the court to
exclude the testimony.
SS4
Whereupon the question was submitted,"Will the court sustain
the motion? and determined in.the affirmative—ayes 11, noes 7.
The affirmative voters are,
Mr. President, Anderson, Andrews, Brabson, Field, Greene,
iLolnsan, Murray, Perkjns, Polk and VVyly—1I.
'Jdie negative voters are,
Mr. Bradford, Burford, Frey, Gillespv, Jetton, Lylle and Mcl-
vet—7. .
And so said motion was sustained. , J
'Adam Huntsman, a witness on the part of the State, was intro-
dueed, sworn and examined; but his examination not being con-
eluded, it was ordered that further proceedings in this cause be
suspended until tomorrow morning, 10 o'clock;'to which time the
court adjourned.
A. McCLELLAN.
FRIDAY MORNING, NOVEMBER 11th, 1831.
Court met according to adjournment.
-The [lon'ble Abram McClelian, President thereof in the chair,
the respective members in their seals, the managers on the part of
the House of Representatives, and also the respondent and his
counsel being present,
The State of Tennessee, 1 -
vs. wmpeach'nl.
Joshua Haskell, Judge of (he Sth Judicial circuit, J
The managers on the part of the House of Representatives
moved the court to reconsider the decision made and vote given
by idem on yesterday, upon the question asked by the managers
in relation to the general conduct of tire respondent.—
And after hearing argument, in support of said motion, the ques*
lion was submitted, and determined in the negative.
Mr. But ford, Fre v, Gillespy, Jetton, Lytle and Mclver—C, vot-
ing in the affirmative; and,
Mr. President, Anderson, Andrews, Brabson, Bradford, Field,
Greene, liolman, Murray, Perkins, .Polk and Wyly—12, in the
negative.
{So said motion was overruled.
Mr. Greene moved the court to make an order, that the further
reading of the records of the several courts be dispensed with on
the part ot the State, and that the respondent be furnished with
said records for inspection when required, by and with the consent
of the m? nagers,
Whereupon the question was submitted, Will the court make
the order? and determined in the negative. Ayes 7, noes il.
385
The affirmative voters are, ,
Mr. President, Anderson, Greene, Holman, Jetton, Lytle, Wy-
Jy.
The negative voters are,'
Mr. Andrews, Brabson, Bradford, Burford, Field, FVey, Gilles*
py, Mclver, Murray, Perkins and Polk.
And so said motion was' overruled.
The examination of Mr. Huntsman was resumed add con-
eluded. ' 1
Mr. Andrew L. Martin, a witness on the part of the prosecu-
tion, being under examination; Mr. ,Dundap one of the managers
on the part of the House of Representative, asked the witness,
Was not Judge Haskell's general negligence and inattention to the
duties of his office in term time of such a character as to bring
both him and the administration of the lawiniiis circuit into dis-
repute among the people?" To which the counsel of the res-
pondent objected.
The question was thereupon submitted, Will the court sustain
the objection?" and determined iQ the affirmative—ayes 15,
noes 3.
The affirmative voters are,
Mr. President, Anderson, Andrews, Brabson, Bradford, Field,
Gillespy, Greene, Holman, Jetton, Lytle, Murray, Perkins, Polk
and Wyly—15.
The negative voters are,
Mr. Burford, Frey and Mclver—3.
And so said objection was sustained.
Joseph H. Talbot was introduced, examined on the part of the
prosecution, and assigned over to defendant's counsel. At the
conclusion of his cross examination, Mr. Claiborne asked the wit-
ness, "If the Judge had not been sent for in the day^ and Whether
the argument of the cause had not commenced after night—al-
leging that the respondent's counsel, Mr. Miller, in his cross ex-
animation, had attempted to show a discrepency in the statement
of the witness?" To which the respondent by bis counsel ob-
jected. /
Whereupon the question was submitted, Will the court sustain
the objection? and determined in the negative—ayes'8, noes 10.
The affirmative voters are,
Mr. President, Anderson, Andrews, Bradford, Burford, Field,
Holman and Jetton—8.
The negative voters are,
Mr. Brabson, Frey, Gillespy, Greene, Lytle, Mclver, Murray,
Perkins, Polk and Wyly—10.
Alexander B. Bradford was introduced, sworn and examined in
support pf the prosecution.
386
Robert Marshall, a witness on the part of the State, was intro-
duced, sworn and examined.
The court then adjourned until tomorrow 10 o'clock, A. M. -
A. McCLELLAN.
W. K. HILL, Clerk.
Mr. Gillespy's reasons for voting for a reconsideration of the
decision of the court on yesterday.
"Mr. Claiborne o>ne of the managers of the house of represen-
tatives, asked Andrew L. Martin, vvitriess of the State, what ,was
the habit of Judge Haskell in leaving the bench in the trial of
causes. To the answering of which question the counsel for the
defendant objected. I voted against sustaining the objection, be-
cause the respondent by his counsel, when Mr. Cave Johnson,
one of the witnesses for the State, when on his cross examination
was asked by the counsel for the defendant, whether as much
business was not done in the circuit courts of Montgomery and
Dickson as usual; for the purpose as I understand of raising a
presumption in favor of the defendant, as to his general good of-
hcial conduct. He selected the courts of Montgomery and Dick-
son counties to prove his general good conduct in the trial
of causes, and thereby put his character in the trial of causes
directly in issue, which I believe he had a right to do, but
in so doing he opened the door to the State, to introduce any tes-
timony as to defendant's conduct as judge in the trial of causes
which the managers may believe calculated to rebut the presump-
lion which defendants testimony may have raised in his favor, and
in so doing the managers ought not to be confined to the same
times or the same places that defendant selects to establish his
general good conduct; nor would it be reasonable to suppose that
to the limes and places selected to establish a general good con-
duct the law would limit, the testimony it allows to rebut that pre-
sumption; but that it is competent for the managers to prove the
defendants general official conduct. I therefore now vote lor a re-
consideration of the vote given yesterday, as I believe the decis-
ion of the court upon that question erroneous."
MR. MURRAY'S PROTEST.
I believe it to be my duty, as well as. my privilege secured by the
constitution, to enter my protest against the order adopted by the
court ofimpeachmeut on Thursd ay 1st inst. permittingthe seve-
ral members of said court, to enter their reasons at length upon,
and making them part of the Journal of the Senate, and my rea-
son's for voting against said order, are
1st. Because this course of proceeding is without a precedent
in courts of impeachments, as far as I can ascertain, (save in the
trial of Judge Williams at the last session of the Legislature of
this State,) either in the United States or in England, and I be-
lieve it will be be injurious to the public and cannot produce any
good effect. * '
2d. Suppose every member of jtbe court to enter an opinion of,
say fifteen pages, it would take a volume of 270 pages to contain
these opinions alone; this addition to-each copy t of the Journals
of the Senate, say; fifteen hundred copies, which I presume is not
extravagant, and it will cost the State from seven hundred to one
thousand dollars, to print these opinions, which in my opinion" is
wholly unnecessary. But it is insisted that it i9 a constituional
privilege, the constitution says, that "any member of either house
of the General Assembly, shall have liberty to dissent from, and
protest against any ^act or resolve which he may think injurious
to the public or any individual, and have the reasons of his dis-
sent enterred on the Journals/* I know of no case where any
member ever yet protested against what be himself helped to do.
What propriety can there be in any person voting in the majority,
to enter a dissent or protest, yet in this case ihere is no distinc-
tion ,all are'permitted to enter their reasons, as well those voting in
the majority, as those in the minority, and 1 suppose where there
was an unanimous vote of acquital, reasons will be enterred un-
der this construction of this clause of the constitution; if the pnv-
lege of protesting against any act or resolve, can be construed to
extend to this case, it can with equal propriety be extended to
any, and every vote that a member may give during the session,
whether in the majority or minority, which to my mind is prepos-
terous and absurd. I believe that to construe this clause of the
constitution, to apply to any except those voting in the. minority,
is a forced and latitudinarian construction to which 1 cannot sub-
scribe. ROBERT MURRAY.
SATURDAY MORNING, NOVEMBER 12, 1831.
Court met according to adjournment. *
The Hon'ble A. McClellan, President thereof in the chair,
the respective members in their seats, the managers on the part
of the House of Representatives and also the Respondent and his
counsel being present*
The State of Tennessee, )
vs. > Im'ment.
Joshua Haskell, Judge of the 8th Judicial circuit. )
Mr. Claiborne one of the managers on the part of the prosecu-
tion, stated to the court that the Sergeant at arms, bad not return-
ed, nor had the witnesses for whom he was sent, (to wit:) Judge
Turley, Austin Miller, William Stoddart, Hugh W. Dunlap and
3S3
J. W. Cooke or either of them arrived, that the managers confi-.
dently expect the arrival of these witnesses by or before Monday
next. That they have received the record from the county of
Humphreys referred to in the 4th specification of the 1st article,
but without General Cooke, Mr. Dunlap and Judge Turley, or
some of them, they have not a witness to examine in relation to it,
and therefore they ask the court to adjourn until Monday morn-
ing next.
This was objected to by Respondent's counsel and the ques-
lion was thereupon had, will the court sustain the objection?" and
determined in the negative. A)'es 4—noes 14.
The affirmative voters are,
Mr. Andrews, Holman and Lytle, 3.
The negative voters are,
Mr. President, Anderson, Brabson, Bradford, Burford, Field,
Frey, GiUespy, Greene, Jetton, Mclver, Murray, Perkins, Polk,
Wyly, 15..
And so said objection was overruled.
Whereupon it was ordered that this court adjourn until Mori-
day morning next, 10 o'clock.
Wm. K. Hill, clerk.
MONDAY MORNING, NOVEMBER 14th, 1831.
Court met according to adjournment.
The Honorable Abram McClellan, president thereof, in the
chair, the respective members in their seats, the managers on the
part of the House of Representatives, and also the respondent and
his counsel being present.
The State of Tennessee,
Joshua Haskell, Judge of the 8th Judial circuit.
Mr. Claiborne informed the court, that owing to the absence of
witnesses who have been regularly summoned, and the failure of
the clerk Of the Madison circuit court, to furnish the records ap-
plied for, the managers were compelled to abandon the charges
and specifications set forth in the 4th, 6th, 8th, 9th and 10th spe-
cifications of. the first article, and the first specification of the 2nd
articles.—And that therefore the testimony in chief on the part of
the prosecution was closed,
Judge John Overton was introduced, sworn and examined on
the part of the defence; in the course of whose examination, the
witness was asked by Mr. Miller, one of respondent's counsel, "If
he, when a Judge, ever left the bench while the business of the
A. McCLELLAN.
vs.
lit
court was going on, and if yea, what Was his course of conductor*
such occasions to the bar?" To the answering of which the man-
agers objected.
And the question was thereupon submitted, "Will the court
sustain the objection? and determined in the affirmative—ayes ll
noes 7.
The affirmative voters are,
Mr. Anderson, Andrews, Brabson, Burford, Field, Greene, Hcl-
man, Jetton, Murray, Polk and Wyly—11.
The negative voters are.,
Mr. President, Bradford, Frey, Gillespy, Lytle, Mclver and
Perkins—7.
And so said objection was sustained.
The respondent's counsel,.Mr. Miller, then asked witness What
was the general practice of lawyers engaged in cases, when the
Judge presiding left the bench during the progress of the trial of
such causes? To the answering of which, the managers object-
ed.
Mr. Anderson, as counsel for respondent, withdrew the fore-
going interrogatory, and moved the court to reconsider the vote
given and decision made in relation to the first question asked the
witness.
And the question was thereupon had. Will the court reconsid-
er? and determined in the negative—ayes 7, noes 11*
Mr. President, Bradford, Frey, Gillespy, Lytle, Mclver and Per-
kins voting in the affirmative; and,
Mr. Anderson, Andrews, Brabson, Burford, Field, Greene, Ilol-
man, Jetton, Murrray, Polk and Wyly—11, voting in the nega-
tive.
Mr. Miller, as counsel for respondent, then propounded the
following questions to the witness, to wit:
"What has been the general practice of courts in which you
have practised in regard to leaving the bench while a cause was
on trial in and before safd court—And what has been the general
practice of counsel when Judges may have left the bench on the
trial or argument of causes in this State." To the answering of
which, the managers on the part of the prosecution objected.
And after argument being had, as well in support of as against
the objection made, the question was submitted, Will the court
sustain the objection? and determined in the affirmative—ayes 10,
noes 8.
The affirmative voters are,
Mr, Anderson, Andrews, Brabson, Burford,Field, Greene, Hoi-
man, Murray, Polk and Wyly—10.
The negative voters are,
Mr. President, Bradford, Frey, Gillespy, Jetton, Lytle, Mclver
and Perkins—8. So said objection was sustained.
Zz
590
MR. HOLM AN.
Judge Jno. Overton was asked, by Mr. Miller, one of the res-
potulenPs counsel, if he, when a Judge, ever left the bench while
the business of the court was going on; and if so, what was his
course of conduct on such occasions to the bar? " To the an-
swering of which, the managers objected.
1 am of the opinion that this question is illegal and entirely ir-
.relevant to the issue. This respondent stands charged with high
misdemeanors and misbehaviour, particularly enumerated in spe-
cificalions, to which he lias responded, and 1 think the exaroina-
tion ought to be confided to the charges mentioned in the articles
and specifications. It is not admissible for an individual who
stands with a crime or misdemeanor, in order to extenuate his
guilt,to prove by other individuals that they have committed the
same crime or misdemeanor with impunity. Suppose that this
witness should prove that lie acted for a long tune as Judge; and
that during the time he acted as Judge, he not unfrequently left
the bench while the business of the court was going on, without
suspending the examination ot witnesses in his absence—that he
had no good reason for thus having left the bench, and for which
he was not impeached, &c. This could not have lfie smallest in-
fiuence on the determination of this trial.—Or suppose that in
one of those specifications the respondent was charged with hav-
ing obstinately and wilfully neglected and refused to hold one of
his courts, without any lawful excuse, for one whole year—would
it be admissible to prove that other Judges had done the same thing,
and for which they , were not impeached? If evidence of this kind
were admissible, Judges could by their vices and misdemeanors
establish a rule, which would forever shield them from the punish-
meet due to their crimes.
But it is said that the practice and decisions of the Judges rre
declaratory of the common law;and the highest evidence of what
the common law is.—This is true, so far as relates to those cases
upon which they judicially act as Judges; but the rule docs not
extend toa the commission of crimes, or the omission of their
duty.
JAMES T. HOLMAN.
MR. GILLESPY S
REASONS FOR IIIS VOTE ON THE FOREGOING QUESTION.
The witness is asked, What has been the general practice of the
courts in which he has practised in this State in regard to leaving
the bench while a cause was on trial in and before said court, and
what the general p'aetice of counsel when Judges may have left
the bench on the trial, or argument of causes, which is objected
to by the managers.
The defendant stands charged before this court with a dere-
S31
liction of bis duty as Judge, in leaving the bench during the trial
of causes. We have no express statute specifying the duty of a
Judge on this particular point, but he must be governed in his
practice either by the common law, the established, practice and '
custom of the courts, or by some principle, that is inseparably
connected with the nature and character of his office. We have
been furnished with no rule of the common law to enlighten us up-
on this subject;—and as to the principle inseparably connected
with the nature and character of the office, which should goverrt
a Judge in the discharge of this branch of his official duty, I can
fix upon no better rule to arrive at, and determine its extent, than
that furnished by the general practice of the courts in similar sit-
uations. It is, or would be, a practical expression of a judicial
opinion of what was considered the duty of a Judge in the dis-
charge of this part of his functions.
If the Judges of our courts have, since the year 1789, when the
witness has informed us he commenced the practice oflaw in this
State, been in the practice of leaving the bench during the trial
of causes, and the practice has been acquiesced in until now since
the formation of our government, it certainly would deserve some
consideration in the examination of the charges exhibited against
the defendant; if for no other purpose, the testimony would be
proper in extenuation of the offence charged, and in mitigation of
the judgment that may be pronounced by the court, should the ev-
idenee warrant a conviction.
The court then adjourned until tomorrow morning 10 o'clock.
Win. K. Hill, clerk. A. McCLELLAN.
TUESDAY MORNING, NOVEMBER 15th, 1831.
Court met according to adjournment.
The Honorable Abram McClellan, president thereof, in the
chair, the respective members in their seats, the managers on the
part of the House of Representatives, and also the respondent and
his counsel being present.
State of Tennessee, "j
vs. I Impe'f.
Joshua Haskell, Judge of the Sth Judicial circuit. J
The managers on the part of the House of Representatives ask-
ed leave to introduce and examine in support of the prosecution,
Mr. Austin Miller, who has now for the first time appeared in this
court, he is offered as evidence to the lltli specification of the 1st
article, and to show that he as a lawyer was referred to to decide
a collateral question in consequence of the absence of Judge Has-
tell in the case of Thompson, vs. Sloan, in Hardin circuit court;
xm
and further to show that upon the application for a new trial in
that case, he was called on for his statement of the testimony to
enable the Judge todetermine the question.
The respondent by his counsel, Mr. Anderson? objected to the in-
troduction of testimony in chief by the managers, on the ground
of their having closed, and the respondent having on yesterday in-
troduced his witnesses and commenced their examination.
And after argument had, as well in support of as against the
objections made, the question was submitted, Will the court sustain
life objection? and determined in the negative—ayes 8, noes 10.
The affirmative voters are,
f Mr. President, Andrews* Brabson, Bradford, Holman, Jetton,
Mclver and Marray, 8.
The negative voters are, ,
Mr. Anderson. Burford, Field, Frey, Gillespy, Greene, Lytle,
Perkins, Polk, and Wyly, 10.
And so said objection was overruled.
Whereupon the witness was introduced, sworn, examined and
discharged.
Mr. Bradford asked and obtained leave to spread the following
upon the journal of the court, to wit:
Upon the application made by the managers to introduce and
examine Austin Miller in support of the prosecution, 1 am of o-
pinion that as the testimony on the part of the state was closed by
managers, they have no right now, to go into the examination in
in chief of any additional witnesses. Independent of its illegality
(as I believe) if the privilege of permitting the managers to intro-
duce and examine witnesses, after having closed the examination
on their part is granted, the same right cannot be denied the res-
pondent, And further, after the testimony is closed on both sides
and argument commenced, this court may with the same proprie-
ty be asked to permit the introduction and testimony of other and
new witnesses by either party, and in this way it is easy to per-
ceive that this trial will be prolonged from time to time, to a vexa-
tiouslength, and to the great detriment of public good.
T. F. BRADFORD.
"Wm. Armour a witness on the part of the defence,was introduc-
cd sworn, examined and discharged.
Hezekiah Bradberry a witness on the part of the defendant was
introduced, sworn and examined, in the progress of whose ex-
amination, the following question was propounded to the wit-
ness by Mr. Anderson one of jhe counsel for the respondent,
to wit:
"What is the character and standing of Judge Haskell in your
county, and the estimation in which he is held by the people gen-
erally as a Judge."
To which the managers objected on the ground that it is impro-
JS9S
per that any thing should be said of the conduct or character of
the Respondent since the exhibition of the articles ol Impeach-
rnent: And afterhearing argument as well in support of as against
the objection, the question was submitted, "Will the court sns-
tain the objection," and determined iti the affirmative. Ayes 12,
Noes 6. Mr. President, Brabson, Burford, Field, Frey, Greene,
Hulman, Lytle, Murray, Perkins, Polk and Wj |y, voting in the
affirmative, and Mr. Andeison, Andrews; Bradford, Giilespy, Jet-
ton, and Mclver voting rn the negative—6.' And so said objec-
lion was sustained.
The court then adjourned until tomorrow morning, 10 o'clock,
on motion of Mr. Miller, one of respondent's counsel,
A. McCLELLAN.
WEDNESDAY MORNING, NOVEMBER I6th, 1831.
Court met according to adjournment.
The Honorable Abeam McClellai, president thereof, in the
chair, the respective members in their seats, the managers on the
part of the House of Representatives,and also the respondent and
his counsel beimr present.
The State of Tennessee, }
vs. ~ > Impeachment.
Joshua Haskell, Judge of )
the 8th Judicial circuit.
Mr. Nicholas P. Perkins a witness on the part of the Respond-
ent was introduced, sworn, examined and discharged,
Nicholas P. Perkins, Joel Walker, Herbert S. Kimble, Wm.
H. Dortcb, George W. Terrell and William R. Harris, were in-
trodueed, sworn and examined on the' part of the defendant.
Mr. Giilespy moved the court to adjourn until the regular hour
tomorrow. And the question was thereupon had, will the court
adjourn, and determined in the negative
Mr. Brabson, Giilespy, Holman, Lytle and Polk voting in the af-
firmative; and Mr. President, Anderson, Andrews, Bradford, Bur-
ford,Frey, Greene, Jetton, Mclver, Murray, Perkins and Wyly in
the negative.
Herndon Harrelson, Samuel P. Ashe, Blackman Coleman and
Nicholas P. Perkins, were introduced sworn and examined on the
part of the Respondent and discharged.
The court then adjourn until tomorrow morning 10 o'clock.
A. McCLELLAN, President.
Wm.K. Hill, clerk.
as*
THURSDAY MORNING,NOVEMBER 17th, 1S3J.
Court met according to adjournment.
The Honorable Abram McClellan, president thereof, in the
chair, the respective members in their seats, the managers on the
part of the House of Representatives, and also the respondent
and his counsel being present.
State of Tennessee,
Joshua Haskell, Judge of the 8th Judicial circ.
Henry Nixon was introduced, sworn & examined in behalf of the
defendant in the progress of whose examination, he was asked hy
respondent's counsel, if he was present, when a man called Wil-
liam Johnson, alias Putnam was tried and convicted for horse
stealing in the county of Perry. To the answering of which the
managers objected on the ground, that if such trial took place it
is matter of record, and the record being the best evidence must
be produced; and after bearing argument as well in support of, as
against the objection, the question was submitted, will the court
sustain the objection and determined in the negative. Ayes 3—
Noes 15.
Mr. Burford, Gillespy and Lytle voting in the affirmative, and
Mr. President, Andrews, Brabson, Anderson, Bradford, Field,
Frey, Greene, Holman, Jetton, Mclver, Murray, Perkins, Polk
and Wyly, voting in the negative.
So said objection was overruled.
In the further progress of the examination, the witness was ask-
ed by Respondent's counsel, if Judge Haskell told him before the
exhibition of the articles of impeachment, that Johnson who was
tried and convicted for horsestealing at Clarksville, was the same
man who was tried and convicted at Perry, and committed for tri-
al by respondent. To which the managers objected on the ground
that respondent's statement cannot be received as evidence for
himself, and the question was thereupon submitted,will the court
sustain the objection, and determined in the affirmative. Ayes
12—Noes G.
Mr. President, Brabson. Burford, Field, Frey, Gill espy, Greene,
Holman, Lytle, Murray, Polk and Wyly voting in the affirmative,
and Mr Anderson, Andrews, Bradford, Jetton,Mclver and Perkins
voting in the negative.
Ja mcs R. White a witness on the part of the respondent being
under examination, and having stated that he went to Henderson
county iri the month of June 1S30, and that Judge Haskell had not
been therefrom the time of bis impeachment. He was asked by
Respondent's counsel the following question, what was, the char-
acter and standing of Judge Haskell with the people of Hender-
son county 4 when he went there and which he had acquired be-
• vs.
39$
fore the preferring of the articles of impeachment, to the answer-
ing of which the managers objected, under a former decision of
the court. The question was t tereupon submitted, will the. court
sustain the objection, and determined in the negative. Ayes 4—
N.ies 14.
Mr. tlolman, Lytle, Murray and Polk, voting in the affirmative;
and,
Mr. President, Anderson, Andrews, Brabson, Bradford, Burford,
Field, Frey, Gillespy, Greene, Jetton, Mclver, Perkins and Wy-
ly n the negative.
And so said objection was overruled.
Henry Nixon, John Iieid, Jacob Tipton, Daniel A. Denham,
Thomas H. Fletcher, Granville D. Searcy, David Dunn, Samuel
R. Brown, John K. Balch, Joel L. Jones, Washingtou L. Hannum,
Joseph Philips, Thomas J. Hardeman, Valentine D. Barry, Adam
R. Alexender, Edward R. Belcher, Robert C. McAlpin, James C.
Mitchell, VVm. White, Benjamin Wright, Robert Marshall, Mica-
jali Bullock, Thomas Stewart, John Purdy, Jared S. Allen and
William Carroll, were severally introduced, sworn and examined
on the part of the respondent.
The court then adjourned until tomorrow morning 10 o'clock.
A. McCLELLAN, President.
WM. K. HILL, Clerk.
FRIDAY MORNING, NOVEMBER ISth, 1831.
Court met according to adjournment.
The honorable Abram McClellan, President thereof in the chair,
the respective members in their seats, the managers on the part
of the house of representatives, and also the Respondent and his
counsel being present.
State of Tennessee, V .
vs. v Imp'chment.]
Joshua Haskell, Ju Ige of the 8th Judicial circuit, )
John C. McLemore, Charles D. McLean, James Gray, R. E. C.
Dougherty, Lewis H. Broyles and Josiah Hatley were introduced,
sworn and examined on the part of the defendant.
Pleasant M. Miller, a witness on the part of lite defendant, being
under examination, he was asked by defendant's counsel, "If he
had not spoken in moments of feeling and excitement, as intempe-
rate of other Judges in the State, as of Judge Haskell?" To the
a.isweringof which, the managers objected.
And thereupon the question was submitted, Will the court sus-
tain the objection, and determined in the negative, ayes 9, noes
9.
195
Mr. President, Brabson, Burford, Frey, Greene, Hoi man, Lytle,
Murray and Polk, voting in the affirmative; and,
Mr. Anderson, Andrews, Bradford, Field, Gillespy, Jetton, c*
Iver, Perkins ai:d Wyly, voting in the negative.
Alfred Balch, James Collingsworth and William E. Anderson
were introduced, sworn and examined on the part of the defend-
ant; at the conclusion of which, Mr. Anderson informed the court
that the testimony on the part of the Respondent was clos-
ed.
Adam Huntsman, James C. Mitchell, Joseph H. Tolbert and
Wm. Sioddert, were introduced, sworn" and examined, in support
of the prosecution; at the conclusion of which, the managers on
the part of the House of Representatives, informed the court that
they had closed their testimony.
Mr. Bradford, a member of the court, submitted the follow-
ing:
Ordered, by the court, that but two counsel argue this cause oti
the part of the House of Representatives, and but two on the
part of the respondent.
And thereupon the question was had, Will the court make the
order? and determined in the negative—ayes 4, noes 14.
Mr. Bradford, Lytle, Perkins, and Wyly, voting in the affirmative;
and,
Mr. President, Anderson, Andrews, Brabson, Burford, Field,
Frev, Gillespy, Greene, Hohnan, Jetton, Mclver, Murray and Polk,
voting in the negative.
On motion of Mr. Murray,
With the consent of the parties, it was ordered by the court that
two of the managers open the argument in this cause—be follow-
ed by two of Respondent's counsel—then two other?, on the side
of the prosecution, shall address the court, who shall be followed
by the remaining two of Respondent's counsel, and the remaining
manager shall close the argument.
On motion of Mr. Burford,
Oidered that this court adjourn until Monday morning next, 10
o'clock.
A. McCLELLAN, President.
MONDAY MORNING, NOVEMBER 21st, 1831.
Court me« according to adjournment.
Toe Honorable Abrarn McClellan, president thereof, in the
chair, the respective members in their seats; the managers on the
part of the House of Representatives, and also the respondent and
bis counsel being present.
38 7
Mr. Bradford moved the court to make an order that this court
meet regularly at half past eight o'clock in the morning, and that
they hold night Sessions during the argument of counsel.
Mr. Anderson moved a division of the question so as to test the
sense of the Senate, pn the first branch of the motion made by
Mr. Bradford; which motion prevailed.
The question was thereupon submitted, Will the court hereaf-
ter meet regularly at half past eight o'clock in the morning? and
determined in the affirmative—ayes 16, noes 2.
Mr. President, Anderson, Andrews, Bradford, Burford, Field,
Frey, Greene, Holnian, Jetton, Lytle, Mclver, Murray, Perkins,
Polk and Wyly, voting in the affirmative; and,
Mr. Brabson and Mr. Gillespy voting in the negative.
Whereupon it was ordered that this court meet regularly at half
past 8 o'clock, A. M. during its session.
The question then recurred upoa the second proposition con-
tained in Mr. Bradford's motion,
And thereupon the same being had, Will the court hold bight
sessions during the argument of counsel, it was determined in the
negative—ayes 9, noes 9.
Mr. President, Andrews, Bradford, Burford, Jetton, Lytle, Mc-
Iver, Murray and Wyly, voting in the affirmative; and,
Mr. Anderson, Brabson, Field, Frey, Gillespy, Greene, Holman,
Perkins and Polk, voting in the negative.
And so said motion was overruled.
Mr. Field offered as the reason of his voting in the negative,
that the court have the right and power to adjourn and meet upon
such adjournment without any order upon the subject.
The court having received an invitation from the House of Re-
preservatives, to occupy their //all during the argument of coun-
6e! in this cause,
ftlr. Greene moved the court to make an order that the invitation
be accepted, and that the court now adjourn to the hall of the
House of Representatives, by and with the consent of the inana-
gers, and the counsel for the respondent.
And thereupon the question was submitted, Will the court ac-
cepi the invitation and make the order/and determined in the af-
Imitative—ayes 14, noes 4.
Mr. President, Anderson, Andrews, Burford, Field, Frey, Gil-
lespv, Greene, Holman, Jetton, Mclver, Perkins, Polk and Wyly,
voting in the affirmative; and,
Mr. Brabson, Bradford, Lytle and Murray, voting in the nega-
tive.
Whereupon, the consent of the parties being thereto given, the
President and gentlemen of the court repaired to the Hail of the
House of Representatives.
Aaa
sss
The State of Tennessee, A
vs. t Impeach'nt.
Joshua Haskell, Judge of the 8ih Judial circuit. J
Mr.'Allen, one of the honorable managers on the part of the
Ilou-m of Representatives, opened the argument in support of the
prosecution, who was followed by Mr. Dunlap, another of the
honorable managers, who, not having concluded, it was ordered
by the court that the further argument of this cause be suspended,
and that this court adjourn until half after eight o'clock, tomor-
row morning.
A. McCLELLAN, President.
TUESDAY MORNING, NOVEMBER 22nd, 1831.
Court met according to adjournment.
The Honorable Abrarn McClellan, president thereof, in the
chair, the respective members in their seats, the managers on the
part of the House of Representatives, and also the respondent and
his counsel being present.
Stale of Tennessee, }
vs. v Impeachm'nt
Joshua Haskell, Judge of the 8th Judicial circuit. )
The argument in support of the prosecution was contiuued by
Mr. Dunlap, who was followed by Mr. Miller, on the part of the
defendant, who having closed his argument, it was ordered that
the further argument of this cause he suspended, and that this
court adjourn until half after eight o'clock tomorrow morn-
ing.
A. McCLELLAN, President.
WEDNESDAY MORNING, NOVEMBER 23rd, 1831.
Court met according to adjournment.
The Honorable Abram McClellan, president thereof, in the
chair, the respective members in their seats, the managers on the
pari of the House of Representatives, and also the respondent and
his counsel being present.
The Slate of Tennessee, ")
vs. llm'ment.
Joshua Haskell, Judge of the Sib Judicial circuit. J
The argument in support of the answer and pleas of the res-
pondent, to the articles and specifications preferred against him
399
by the House of Representatives, was returned by Mr. Raich, who
was followed by Mr. Inge, in support of the prosecution, and who
having concluded, it was ordered that the further argument in
this cause be suspended, and that this court adjourn until tomor-
row morning, 9 o'clock.
A. McCLELLAN, President.
THURSDAY MORNING, NOVEMBER 24th, 1831.
Court met according to adjournment.
The Honorable Abratn MaCiellan, president thereof, in the
chair, the respective members in their seats, the managers on
the part of the House of Representatives, and also the respond-
ent and his counsel being present.
The State of Tennessee. )
vs. > Impeachment.
Joshua Haskell, Judge of the )
8th Judicial circuit.
The argument in support of the prosecution was continued by
Mr. Tu rney, who was followed by Mr. Fletcher on the part of
the defendant, who not having concluded at 5 o'clock, P. M. it
was ordered that the further argument in this cause be suspended
and that the court adjourn until tomorrow morning 9 o'clock.
A. McCLELLAN, President.
FRIDAY MORNING, NOVEMBER 25th, 1831.
Court met pursuant to adjournment.
The Hon'ble Abram McClelian, President thfereofin the chair,
the respective members in their seats, the managers on the part of
the House of Representatives, and also the respondent and his
counsel being present,
The Stale of Tennessse, "]
vs. llmpeach'nt.
Joshua Haskell, Judge of the 8th Judicial circuit,J
Air. Fletcher having resumed and concluded his argument on
the part of the defendant, was followed by Mr. Anderson, another
of respondent's counsel, who not having closed, it was ordered
that the court adjourn until tomorrow morning, 9 o'clock.
A. McCLELLAN, President.
409
SATURDAY MORNING, NOVEMBER 2G, 1831,
Court met pursuant to adjournment.
The Hon'ble A. MeCleilan, President thereof in the chair,
the respective members in their seats, the managers on the part
of the Mouse of Representatives and also the Respondent and his
counsel being present.
The State of Tennessee,
Joshua Haskell, Judge of the 8th Judicial circuit.
Mr. Anderson having resumed and concluded his argument on
the part of the defendant, at 11 o'clock, A. M.
Mr. Bradford moved that the court adjourn until Monday morn-
ing, 9 o'clock.
And the question being submitted, it was determined in the af-
firmative, yeas 13, nays 5.
Those who voted in the affirmative are,
Mr. President, Anderson, Andrews, Brabson, Bradford, Frey,
Gillespy, Greene, Jetton, Mclver, Perkins, Polk and VVyly.
The negative voters are,
Mr. Burford, Field, Ilolman, Lvtle and Murray.
Whereupon it was ordered that-the further argument in this
cause be suspended, and that the court adjourn until Monday
morning 9 o'clock.
Court met according to adjournment.
The Honorable Abram MeCleilan, president thereof, in the
chair, the respective members in their seats, the managers on the
part of the House of Representatives, and also the respondent
and his counsel being present.
The State of Tennessee,
vs. J>Jm'raent.
Joshua Haskell, Judge of the 8th Judicial circuit,J
The argument in support of the charges and specifications pre-
ferred by the House of Representatives against the respondent,hav-
ing been concluded-by Mr. Claiborne, it was, on motion ot Mr.
Ordered that this court adjourn until Wednesday evening next,
2 orctock.
vs.
A. McCLELLAN, President.
MONDAY MORNING, NOVEMBER 2Sth, 1 S3?.
A. McCLELLAN/President.
Wm. K. Hill, Clerk.
401
Mr, Anderson, of Knox.
I move that in taking the vote of guilty or innocent, the Presi-
dent shall propound the question as follows: Is the defendant
guilty of the charges contained in the first article.
WEDNESDAY, NOVEMBER 30th, *2 o'clock.
Court met according to adjournment.
The Honorable Abrarn McClellan, president thereof, in the
chair, the respective members in their seats, the managers on the
part of the House of Representatives, and also the respondent and
his counsel being present.
State of Tennessee. 1
vs. v Impeachment.
Joshua Haskell, Judge of )
the Sth Judicial circuit
The argument as well in support of the articles and specifica-
tions preferred by the House of Representatives as of the answer
and pleas of the respondent thereto having been concluded,
Mr. Burford moved the court that the question be taken upon
the guilt or innocence of the respondent on each specification
separately, in support of which proof had been adduced, com-
mencing with the first specification of the first article, and so on
throughout the whole in the order in which they stand charged;
after which, to take the sense of the court on the articles as charg-
ed.
Mr. Anderson, one of defendant's counsel, moved the court to
propound the following in lieu of the preceding proposition, to
wit:
"Is the said Joshua Haskell guilty of the misbehaviour and mis-
demeanors, as charged against him in the 1st article and lstspe-
cification?" which latter motion prevailed—ayes 10, noes 8.
Mr. President, Andrews, Bradford, Gillespy, Hoi man, Jetton,
Mclver, Murray, Perkins and Wyly, voting in the affirmative;
and,
Mr. .Anderson, Brabson, Burford, Field, Frey, Greene, Lytle
and Polk, voting in the negative.
Whereupon the said 1st article and specification under it were
read.
And thereupon the question was propounded by the President,
"Is the respondent guilty of the misbehaviour and misdemeanors
as charged in the 1st specification of the 1st article?" and deter-
pained, in the negative—ayes 9, noes 9.
4G2
Mr. President, Anderson, Brabson, Burford, Field, Frev, Greene,
Holman and Polk voting in the affirmative; and,
Mr. Andrews, Bradford, Giilespy, Jetton,Lyt!e,McIver, Murray,
Perkins and Wyly, voting in the negative.
The second specification of the same article was then read, and
the president propounded the following:
"Is the respondent guilty of the misbehaviour and misdemeanors
as charged in the said 2nd specification of the 1st article?" and
determined in the negative—ayes 9, noes 9.
Mr. President, Anderson, Brabson, Burford, Field, Frcy, Greene,
Holman and Folk, voting m the affirmative, and,
Mr. Andrews, Bradford, Giilespy, Jetton, Lytic,Mclver, Murray,
Perkins and Wyly, voting in the negative.
The third specification of the same ariiclo was nest read.
And thereupon the question was submitted, "Is the respondent
guilty in manner and form as charged in the third specification?"
and determined in the negative— ayes 8, noes 10.
Mr. President, Anderson, Burford, Field, Frey,';Greene, Holman
and Polk, voting in the affirmative; and,
Mr. Andrews, Brabson, Bradford, Giilespy, Jetton, Lytle, Mcl-
ver, Murray, Perkins and Wyly, voting in the negative.
The 5th specification was then read, and thereupon the ques-
tion was submitted,Is the respondent guilty of the misbeiiavour and
misdemeanors as charged in the said 5th speciucation, aud deter-
mined >n the negative. Ayes 9—Noes 9.
Mr. President, Anderson, Brabson, Burford, Field, Frev, Greene
Holman and Polk voting in the affirmative. And Mr. Andrews,
Bradford, Giilespy, Jetton, Lytle, Mclver, Murray, Perkins and
Wyly voting the negative.
The 7tb specification of the said 1st. article was next read, and
the question thereupon being had, Is the respondent guilty of the
misbehaviour and misdemeanors in manner and form as charged
in the 7th specification, and determined unanimously in the neg-
alive.
The 11th specification of the same article was then read, and
the question was thereupon submitted, Is the Respondent guilty
jn manner and form as charged in said 11th specification, and
determined in the negative. Ayes9—Noes 9.
Mr. President, Anderson, Brabson, Burford, Field, Frcy, Greene,
Holman, and Polk voting iu the affirmative, and Mr. Andrews,
Bradford, Giilespy, Jetton, Lytle, Uelver, Murray, Perkins and
Wyly voting in the negative.
The 2d specification of (he 2d article was next read, and the
question thereupon being had, Is the Respondent guilty of the
misbehaviour and misdemeanors, as in and by said 2d article and
2d specification he is charged, it was determined unanimously in
403
the negative. The other specifications charged in the articles of
impeachment having been heretofore abandoned by the managers
on the part of house of Representatives; and there not being a
constitutional maj M'ity voting the guilt ot the respondent, Josh-
ua Husk1!! upon' any one of the specifications charged, it was
Ordered, hy'lhe court, that lie be discharged and permitted to
depart hence without day, and that the court adjourn until tomor-
row morning 10 o'clock.
A. McCLELLAN, President.
WM. K. IIILL, Clerk.
THURSDAY MORNING, DECEMBER 1st, 183U
Court met according to adjournment.
The President and gentlemen members thereof being present.
Mr. Gillespy moved the court to make an order, that any mem-
ber wishing to enter upon the Journal of the court his reasons for
any vote given by him on the trial of the Respondent, Joshua Has-
kell be permitted to do so at any time after the adjournment of the
court und previously to the adjournment of the present session of
the General Assembly.
Mr. Murray moved the court to make the following order in
lieu of the one proposed by Mr. Gillespy, to wit:
Ordered, by the court that.it is inexpedient to spread the opinions
of the members of this court on the Journals thereof on account
of the enormous expense that will necessarily accrue in publish-
ing the same, Therefore
Ordered, That the entering of the same upon the Jouruals of
the court be dispensed with.
Mr. Bradford moved that the following be added to said order,
to wit:
"But that the same may be filed with the records of the court in
the office of the Secretary of State,and thereupon the question was
submitted, will the court make the last mentioned order, and deter-
mined in the negative. Ayes 4—Nogs 14.
Mr. Ilolman, Murray, Perkins, and Wyly—4, voting in the af-
fimative; and,
Mr. President, Anderson, Andrews, Brabson, Bradford, Bur-
ford, Field, Frey, Gillespy, Greene, Jetton, Lytle, Mclver, and
Polk—14,in the negative.
The question then recurred upon the proposition submitted by
Mr. Gillespy, and thereupon the question was had, will the court
make the order, and determined in the affirmative. Ayes 15—
Noes 3.
Mr, President, Andrews, Anderson, Brabson, Bradford, Bur-
&(}•&
ford, Field, Frey, Gillespy, Greene, Jetton, Lytle, Mclver, Per-
kins, and Polk voting in the affirmative.
Mr. Holman, Murray, and Wyly—3, voting in the negative.
On motion of Mr. Gillespy.
Ordered, that this court be dissolved, and that the same be ad-
journed without day.
A. McCLELLAN, President.
Test;
WM. K. HILL, Clerk.
Witnesses who proved their attendance on committee of en-
quiry at the last session.
Adam Huntsman 1 day
Robert Marshall 4 days, 250 miles, $18 00
Nicholas P. Perkins 15 " 36 miles.
State Witnesses,
Cave Johnson proved 0 days attendance and 90 miles
travelling,
Nathaniel H. Allen 2 days, 100 miles
Joseph II. Talbot 19 days, 300 miles, issued,
Joseph Hise, 17 days, 94 miles, issued.
Leonard P. Cheatham.
Samuel Sebastian, 2 days, 10S miles,
Gabriel Fowlks, 2 days, 108,
Andrew L. Martin 11 days, 300,
Henry Nixon, 1 day, 108,
Alexander B. Bradford-, 17 days, 300, issued.
Adam Huntsman, 16 days, 300 miles,
Robert Marshall, 15 days, 250 miles, issued.
Austin Miller, 1 clay, 344 miles,
Benjamin Wright, 280 miles, 4 days attendance
Nicholas P Perkins, 40 miles, 4 days,
REBUTTING.
Ailam Huntsman,
James C. Mitchell, 2 days, 35 miles.
Joseph H. Tolbot,
Wm. Stoddert, 4 days, 300 issued.
Joel 11. D yer, 19 days, 300 issued to self,
Defendant's Witnesses,
Andrew Hays, proved, 12 days attendance, issued to self.
Austin Miller,
Wm. Armour, 17 days, 300 miles,
Hezekiah Bradherry, 17 days, 250 miles, issued to Barry.
Nich. P. Perkins, 17 days, 36 miles, issued.
Joel Walker, 12 days, 25 miles, issued.
$15 60, issued.
8 00, issued.
8 32, issued.
8 24, issued.
34 00, issued.
6 32, issued.
44 00, issued.
15, 76, issued,
issued,
issued, recalled.
405
Herbert S. Kimble.
Wm. H. Dortch.
George W. Terrell. 20 days, 210 miles.
William R. Harris, 17 days 210 miles.
Ilerndon Harreison 2 days, 180 miles.
Samuel P. Ashe, 16 days, 880 wiles, issued to himself.
Blackman Coleman, 5 days, 850 miles.
Nicholas T. Perkins, 17 days, 360 miles.
Henry Nixon 4 days, issued,
John Ried 15 days, 300 miles, issued to self.
Jacob Tipton 17 days, 400 mile's, issued-.
Daniel A. Denham, 16 days, 400 miles, issued,
Thomas H. Fletcher,
Granville D. Searcy, 17 days.
John Bullock, 2 days, 108 miles.
David Dunn, 17 days, 480, issued to Barry.
Samuel R. Brown, 17 days, 4G0 miles, issued to Barry.
John K. Balch, 11 days, 240 miles, issued to Barry.
Joel L. Jones, 18 days, 200 miles, issued to Barry.
Washington L. Hannum, 200 miles, 18 days
Joseph Philips 13 days, issued.
Thomas J. Hardeman, 18 dajs, 360 miles, issued to Barry.
Valentine D. Barry, 19 days, 360 miles, issued.
Adam 11. Alexander, 11 days, 180 miles, issued V. D. Barry.
Edward R. Belcher 19 days, 360 miles, issued to V. D. Barry.
Robert C. McAlpin, 13 days, 4S0 miles, issued to self.
James C. Mitchell.
William White, 17 days issued to self.
Benjamin Wright 19 days, 280 miles.
Robert Marshall.
Micajah Bullock, 16 days, 250 miles.
James R. White, 15 days, 250 miles, issued.
Thomas Stewart.
John Purdy, 8 days, 138 miles, issued.
Jared S. Allen, 15 days, 200 miles.
Wm. Carroll.
Daniel Cherry 15 days, 173 miles.
John C. McLemore.
Charles D. McLean.
James Gray.
R. E. C. Doberty 19 days, 240 miles, issued to V. D. Barry.
Lewis H. Broyles 1 day, 230 miles, issued.
Josiah Hatley,
Pleasant M. Miller, 19 days,280 miles, issued.
Alfred Balch.
James Collingsworth.
Win, E. Anderson.
Robert Watt, 1 day, 230 miles, issued.
Bbb
OPINION OF JOHN F. GILLESPY & JAS. W. WYLY,
Joshua Haskell, Judge of the.Sth Judicial cir
In this case, articles of Impeachment were prefered by the house
of representatives of the last General Assembly before the Senate
of the State of Tennessee then sitting as a court of Impeachment
against the respondent, charging him, in the first article, of negli-
gently, arid illegally omitting, jailing and refusing, in the courts hold-
en by him, id hear, attend to and superintend the testimony of wit-
nesses, and the argument of counsel in the trial of causes; and that
he negligently and illegally absented himself from the court house
and left the Jury, Counsel and witnesses to proceed without his
presence.
Under this article there are 11 specifications, charging the sev-
eral times, places, and cases in which the Judge is alleged to have
been guilty of negligent and illegal conduct as contained in the gen-
eral charge of the first article.
The second article of impeachment charges the respondent
with failing and refusing to have and hear the minutes of the courts
in which he presided, read in open court, and with signing the
records wituout having them read or knowing whether they were
true or false. Under this article there are two specifications, one
charges respondent with such a delinquency as is alleged in the
article, at September Term of the Circuit Court of Hickman
County 1828. The other specification has been abandoned by the
Managers. ciu
To the foregoing articles of impeacbm and the several spe-
cifiealioiis under tfem, the respondent, protesting that there is no
misdemeanor particularly charged against him therein, answers
by plra and sa\s lie is not guilty of any misdemeanor, or misbe-
haviour as alleged in said articles and specifications, and prays
that the same maybe inquired of by the court; and upon this plea
the House of Representatives by their managers joined issue.
Alter issue was joined in this case, there was' introduced in the
House of Representatives of the lust General Assembly, on the 25th
December lb»29 (see Journals of the House of Representatives for
1S29, page. b"41) a pieumble. and resolution, to instruct their man-
ogers to ask leave of the Senate to continue over the trial of this
cause until the next session of the General Assembly, declaring
IN THE CASE OF
The State of Tennessee,
vs..
407
therein, among others, as a cause of continuance, that no dishones-
ty or corruption was imputed to fhe respondent in the charge a-
gainst him. The resolution to asl< leave-of the Senate to continue
over the case, was, on a subsequent day of the session, adopted;
and a continuance moved by lite managers'uiitil the next session
of the General Assembly, which was granted by the Senate then
sitting as a court of Impeachment, With the consent of the re-
spondent.
At the present session of the Legislature, the Senate have again
been organized into a court of impeachment for the trial of the
same cause, upon the articles of impeachment preferred at the
last session.
The first question arising in this case made by Respondent's
Counsel is, whether the present Senate sitting as a court of.im-
peachment after a dissolution, under the operation of tub consti-
tution, of the former General Assembly, are competent to try the
cause, and whether the same has abated. Umb-r the constitution
of the State, the General Assembly consisting of the Senate and
House of Representatives is a component part, and constituent
member of the machinery of our government, and not being de*
pendent for its identity upon the particular individuals who may
compose its number, or the length of time they may be in office,to
preserve its existence, but upon its peculiar organization under
the constitution, whereby the expiration of one term is but the com-
mencement of another, and not thereby ceasing to exist, it may be
said to be always in esse, and for all legal and constitutional pur-
poses, according to the view we have of the subject, may very
properly be considered the same General Assembly, although a
term may have expired.
The same question was made before the House of Lords in
Great Britain, in the trial of Warren Hastings under articles of
impeachment preferred against him. Fending that trial the Far-
liament was dissolved by order of the King. The prosecution
hung up for some six or eiget years. It was insisted by the de-
fendant's counsel in that case, that the dissolution of the Parliu-
ment had abated the cause, and that a new Parliament was incotn-
peteut to try him. The House of Lords, after mature deliberation,
determined, that a dissolution cf the Parliament and the election
of new members did not abate the cause, but proceeded to hear
and determine the same<—wide the trial of Warren Hastings, Burke's
Works 7 vol. page tve are, from the best consideration,we ha^e
been able to give this question, decidedly of opinion, that the pre-
sent Senate sitting as a Court of Impeachment are competent to
try the cause before us.
This brings us next to an examination and consideration of the
testimony introduced in support of the articles of impeach-
merit.
408
The 4th 6th 8th 9th and 10th specifications of the 1st article and
the 1st specification of the 2nd article have been abandoned by the
managers.
In support of the 1st specification of the 1st article it is, sob-
staritialiy, proved by witnesses Huntsman, Martin and Talbot, that
during the trial of William Walden for murder, at the April term
1828 of Henderson Circuit Court, the Judge was absent from the
bench for the space of half an hour, and at one tune was seen se-
venty or eighty yards from the court house, looking at some hors-
es; but whether it was during the examination of witnesses in chief,
or the argument of counsel, the witnesses are unable to say, but
thought the charge of the Judge to the Jury was a good one, and
that neither the State nor defendant suffered any injury.
On the 2d specification of the 1st article it is proved, by wit-
nesses Johnson and Rise, that during the trial of Andrew John-
ston upon an indictment for horse stealing at August Term of
Montgomery Circuit court, 1528 die Judge was absent from the
bench about 9 or 10 o'clock at night, during the argument of
counsel, for about the space of half an hour—atone time he was
seen behind the bar—at another out of the court house-—that the
weather was extremely warm, and the trial had continued fourteen
hours—that the Judge charged the law correctly—and that no in-
jury was suffered either by tlse State or the defendant.
In support of the third specification of the 1 st article,it is proved
by witnesses Sebastian, Foulks & Nixon, that, during the trial of
George W. Garrett, on an indictment for perjury, at the Septem-
ber term 1828, of Hickman Circuit Court, the Judge was absent
from the bench twice—at one time, when a witness was under ex-
amination, about ten minutes, but the witnesses are not certain
whether it was an examination in chief, or the witness had been
called back, nor whether the testimony was material to the cause;
nor do they know whether the Judge was out of the court house:
At another time the Judge was absent from tiie bench, during the
argument of counsel for some time. Witnesses all thought the
prosecution was frivolous, and that no injury was suffered by any
delinquency of the Judge.
In support of the 5th specification of the 1st article, it is proved,
by witnesses J ihnson, Allen and Cheatham, that the Judge, dur-
iug the trial of Ausemus S. Merrett, on an indictment for negro
stealing, at Sept. term 1828 of Dickson circuit court, was absent
from the bench from one half, to near an hour; but they do not
agree as to the precise length of time he was absent—that he was
seventy or eighty yards from the court house; one witness thinks
that it was during the examination of a witness—the other, that
it was while the jury was impannelling, but a!! concur in saying
that the Judge charged the law, and that no injury was suffered by
the State or defendant.
409
In support of the 7th specification of the 1st article, it is proved
by witnesses Martin, Huntsman and others, that during the trial of
John Newbold upon an indictment for murder, at February term,
1828,of the Circuit Court of Madison county, the Judge left the
bench for a short time, and was out of the court house near the
close of the argument of counsel. It is proved that no injury vvaS
done to the State or defendant; ahd that the Judge had, by the
despatch of public business, acquitted himself well at that term,
and done himself much credit on that trial—that he read his
charge to the jury, prepared in writing. Witness Armour, who
was a juror on that case, had not noticed tlfce Judge's absence from
the beach, but thought he had been remarkably attentive during
the trial.
In support of the 11th specification of the 1 st article, it is proved
by witnesses Nixon and Miller and perhaps others, that in the case
of Thompson vs. Sloarw, at the May Term 1S29 of Hardin Circuit
Court, the Judge left the bench near the commencement of the
examination of the witnesses, and remained otl'the bench until the
argument of counsel was closed. Witness Miller 1 recollects to
have seen the Judge in the court house at the back of the bar
during the trial. The cause was an appeal from a Justice of the
Peace, and the matter in controversy about twelve dollars. Wit-
ness Nixon proved, that the Judge charged the jury from the end
of the bar—that the charge was a good one, and better than he
thought a Judge could give without hearing the testimony—sup-
posed the Judge had been about the door of the court house;—that
the bouse in which the court was held was a very uncomfortable
one—occupied by hogs in the recess of the court, and infested
with fleas.
In support of the second specification of the 2d article, Doctor
Sebastian has been 6xamined, who cannot tell whether the min-
utes were read or not, except the last judgment, which he recol-
lects was read.
The witnesses, so far as we recollect,all concur in saying that the
Judge regularly attended and held the courts over which he was
required by law to preside:—Think he impartially administered
the law in the causes tried before him:—That he disposed of the
suits upon the dockets of his courts with much despatch:—That
there was no complaint against him among the suitors in his
courts; but that his decisions and conduct in the trial of their caus-
es, had given general satisfaction to the parties litigant.
In relation to the private as well as official character of the re-
spondent, a numerous train of witnesses of the most respectable
men in the State have been called upon to give evidence, who cor.-
cur in representing the respondent from the time he became a cit-
izenofthe State in the year 1811, as being in private life, in all
the social relations, humane,.kind, generous and hospitable, and in
MO
the language of one of the witnesses, (Gov. Carrol) "possessing
some of the finest feelings of the human heart"—that his charac-
ter for honesty and integrity has always been unsuspected and un-
blemished:'—-That in the late war, he distinguished himself for his
intrepidity and gallantry as a soldier:—That as a lawyer, he had
been attentive to the business entrusted to his care, and had been
successful in his profession:—That, as a Judge, he was extremely
popular with the great body of the citizens of his Circuit, who
were well please,d with his administration of the law among them;
That in all his official acts, they believed him to have been gov-
erned by the strictest impartiality and integrity; and that the citi-
zens of his circuit were generally most warmly opposed to his re-
in oval from office.
From the foregoing statement of the case, and the evidence ad-
duced, the main question arising for the determination of the
court, and in fact the only one which we conceive to be involved
in the cause, is whether the proof (which we believe to have been,
satisfactorily made) of short intervals of absence from the bench
by the respondent, during the trial, in the courts in which be pre-
sided, of the causes mentioned in the 1st, 2d, 3d, 7th and 11th
specifications of the first article of impeachment; in some instan-
ces during the examination of witnesses, and at other times during
the argument of counsel, without any evidence of evil or wicked
intent, or of any injury suffered by any of the parties litigant, con-
stitutes such misbehaviour in office as amounts to a misdemeanor
under the constitution of the State. The 4th section of the 4th
article of the constitution declares, "that the Governor and all ci-
vil officers under the State shall be liable to impeachmeni for any
misdemeanor in office." The 2d section of the 5th article declares
"That the Judges of the several courts" &c. shall hold their offi-
ces during good behaviour.
To constitute a misdemeanor under the constitution it is not ne-
sary, according to the view we have of the subject, that the mis-
behaviour of the Judge shall be such an offence as would subject
him to indictment at common law, as has been very plausibly urg-
ed by defendant's counsel.
A Judge might fail to attend some of his courts altogether, with-
out any reasonable excuse—yet he could not be indicted at com-
inon law. He might refuse to render judgments upon causes
tried before him—yet he could not be indicted at the common law.
He might, without any legal excuse, refuse to permit the causes
of parties in his courts to be tried before him—yet he could not be
indicted at common law. He might fail and refuse to sign there-
cords of his courts—yet not be subject to indictment. He might
pronounce judgment without permitting the parties to be heard, by
themselves or counsel—yet for this, and many other acts, which
might be enumerated equally flagrant, be could not be indicted at
411
the common law. But in these cases there would be such a total
dereliction of official duty—such a wanton prostitution of judicial
authority; and such a palpable violation of express law, as would
at once constitute satisfactory evidence of such guilt—of such evil
or wicked intent—as would warrant under the constitution an'im-
peachment and removal from office; Vide 7. Dane's Abri. 365. Art.
8. When a Judge enters upon the discharge of the important du-
ties assigned him by the constitution and laws of the country, he
takes an oath that he will, among other things, "administer just-
ice, without respect to persons, doing equal right to the poor and
to the rich, and that he will faithfully discharge the duties incum-
bent on him as Judge." Whenever a Judge wilfully does an act
grossly inconsistent with a faithful discharge of the duties of his
office, as prescribed and defined by the constitution and laws of
the land, although in such case he might riot.be indictable at law,
yet in a moral point of view he would be guilty of perjury, and his
conduct would constitute such misbehaviour, as, we entertain no
doubt, was designed by the framers of the constitution should bd
regarded as a misdemeanor in office, for which he might be remo-
ved.
We hold the correct rule to be, that where the act of the judge
is of itself evidence of corruption, or, as it is technically termed,
malum in se, or is in violation of express law, either in omitting
something enjoined, or in doing something prohibited, from which
an evil or corrupt intent may be implied; or where the act, al-
though not in violation of any positive rule of municipal law, is
proved to have been accompanied by a wicked purpose of heart,
to occasion injury either to the public or to private individuals, or
is such a wilful neglect of duty, that tiie public or that private in-
dividuals are damaged thereby, in all such cases it would be a
misdemeanor or misbehaviour in office by the Judge, and subject
him to impeachment under the constitution. But where the act
of the Judge is not immoral or corrupt it itself—where it is in
violation of no known and positive rule of municipal law, and is
not proved to have been accompanied by any wicked purpose of
heart whatever, and more especially, if it be proved that no dam-
age or injury attended it, we believe it would not constitute such
misbehaviour in a Judge a? would subject hitn to impeachment
for a misdemeanor in office. The principle we have here laid
down we have not found controverted, and we believe it to be
clearly sustained by all the authorities which we have been ena-
bled to examine. Vide 4. Blackston's £om. 5-6-20; 1. Kent.
Com. 276; 4 Burrow 2004-2005-2007; 2. Lord Raym. 1237; 3.
Dane. Abri. 6. sec. 3,4, 6, 7, 1. Modern Rep. 248; 2. Hawkins P.
C. chapt. 1. sect. 17; 1. Mod. Rep. 184-5; 2 Mod. Rep. 220, 221;
Cooke Rep. 181; 1. Kent 278; 9 John. Rep. 435; In Dal. 334 the
doctrine is assumed, that corruption, such as bribery and wilful
412
infractions of the law, are the only causes of impeachment, It
is however admitted, that in some flagitious cases, the law may in-
fer corruption, where the Judge acts without the sphere of his of-
ffice; but t!ie offence must be proved.
The above authorities, we think, clearly establish the posi-
tion assumed, that the conduct of a Judge for which he would for-
feit his office, and be liable to impeachment must be corrupt in it-
self, or in violation of express law, from which corruption may be
implied; or, must be attended by a wicked design to do a public or
private injury; and, that the negligence of a Judge, which would
constitute a misdemeanor in office must be a wilful neglect of du-
ty from which public or privale damage is sustained.—This brings
us to the examination of an authority which has been repeatedly
read to the court, and has been much relied upon by the Managers
in this prosecution. Lord Coke, in his commentary on Littleton
assumes the principle, that "non user of itself without some spe-
cial damage is no forfeiture of private oflice; but nonuser of public
offices, which concern the administration of justice, or the corn-
monwealth is of itself a cause of forfeiture." Vide Coke on Lit.
233.
This authority we do not consider to have any direct bearing
upon the case before us. The doctrine as advanced by Lord
Coke is in relation to the non user of an office concerning the ad-
ministration of justice, whereas the charges before us are not for
si non user, but rattier an abuser of office, for not discharging the
duties thereof correctly. But, even this opinion of Lord Coke,
lias been declared to be incorrect by more recent authorities.
Sergeant Hawkins, in his treaties upon offences against public
justice, says "some have gone so far, as to hold, that an office
concerning the administration of justice, or the commonwealth
shall be forfeited for a bare non user, whether any special damage
be occasioned thereby, or not; but this opinion doth not appear
to be warranted by any resolution in point, and the anthorities
which are cited to maintain it, do not come up to it." The same
authority also ad vances the principle, that an officer forfeits his
office for "neglecting to attend to his duty at all usual, proper
and convenient times, and places, whereby any damage
shall accrue to those by, or for whom he was made an officer,"
vide Hawk P. C. 412. The damage in cases of negligence by a
public officer is considered by this learned jurist, as an essential
ingredient in the offence. And of the same opinion is Lord Mans-
field, who upon this point, says, the law is well laid down by Ser-
geant Hawkins, vide 4th Burrow, 2001, 1 Chit. Cr. L. 510, 4
Black. Corn 5, 6 & 20. Conference Rep. N. C. 52. Hawkins'
Pleas of Cr. 310. Having laid down the general principles of
law, so far, as we consider them involved in the present investi-
-gation, we will proceed to examine the case before the court as
its
the proof has presented it. It has been proved Ibaf, the defend-
ant attended at the regular times and places to hold the courts*
over which he was required, by law, to preside. It is, also prov'.
ed, that the business of his courts was done with much despatch;
that it was believed his decisions as a Judge were correct; that, al-
tho' it is clearly proved, that during the trial of the causes charged
in the 1st, 2d, 3d, 7th and 1 tth specifications of the 1 st art. of Im-
peacliment, the Judge was absent for short intervals from the
bench while the trials progressed; yet, it is "also proved, no public
or private injury was sustained; that it was believed by all the wit-
nesses who were present, that there was no corruption—no wicked,
or evil intent, which had influenced the conduct of the Judge;
thatthe parties to the suits were content; and, that, in the admin-
istration of the law in his circuity he had given general satisfae-
tion to all, except the lawyers,, who, thought that his conduct in.
leaving the bench during the progress of trials, was-uncourteous
to them and in violation of his duty as a Judge, and was calcuiat-
ed to bring the administration of the law into contempt. The
managers have relied mainly on the ground, that the conduct of
the Judge was a violation of his duty, and therefore a misdemean-
or in office. This raises the question, which of the duties of the
Judge it violated? It is not pretended, that the conduct of the
Judge was corrupt in itself; that it was attended by any wicked in-
tent to do injury, or that any damage was sustaiued; and we know
of no express rule of law, that inhibits a Judge from stepping down
from the bench, for a short time, during the progress of a trial, if
no injury public or private is sustained thereby. And, if we un-
dertake to raise the duty by implication, it ought to be clearly
shown that a correct and impartial administration of the law re-
quired its enforcement. But, when it is satisfactorily proved, as
in this case, that right and justice were promptly administered,
and that no injury was suffered, all implied, as well as express du-
ties, a violation of which would be an impeachable offence, we
consider to have been performed. But, it lias been insisted that
the Judge has taken an oath,faithfully to discharge the duties of his
office, &c. and that his conduct was in violation of his oath in not
faithfully discharging his duty. The oath requires nothing more
than the discharge of duly faithfully; and, again involves the inqui-
ry, what rule of the moral or municipal law has been violated? It
may be proper to inquire, was the Judge's presence on the bench at
the several times he is proved to have been absent, necessary?That
no public or private injury was suffered, raises a presumption, that
his presence was not necessary, and,the presumption is greatly
fortified'bythe consideration, that "the lawyers, to whom the par-
ties litigant had intrusted the cat"? and management of their suits,
and who were conducting the trials, are also sworn officers of the
law; are bound to demean themselves honestly in the practice
Ccc
ilk
thereof, and sustain a very important, and responsible relation to.
their clients.—They, we feel bound to presume, as the law does
in favor of all officers, until the contrary is shown, did not violate
their duty, by proceeding in the trial of the causes of their cli-
ents,in the absence of the Judge from the bench, if his presence
were essential or necessary. But, it is said, that the conduct of
the Judge was calculated to bring the administration of the law
into contempt, and is, therefore, such misbehaviour in office, as
constitutes an impeachable offence under the constitution. We
regard such conduct on the part of the Judge as highly imprudent
and reprehensible, and such as should be most indignantly repro-
bated by the community, and its tendency, most probably, may
have been,as has been urged by the managers; but however good
this argument might be before this bouse, sitting in another capa-
city, in support of legislative interposition to provide a remedy by
law to correct the evil complained of, yet as it is not in violation
of any positive rule of any known law, prescribing the duty of a
Judge, and as no'damc(gc,public or private, has accrued from it, we
do not believe the conclvision is warranted, under the constitution
and laws of the land, that has been attempted to be deduced from
it.
We will proceed next to an examination of the acts of Assem-
b\y of this State, that have been read and relied on, in the trial of
this cause.—The act of 1796 chap. 1. sec. 1. provides, that, "it
shall be the duty of each and every of the judges to attend each
and every term" of the courts, over which they are required to
preside, "and in case of failure so to attend, without sufficient cause
for such failure be shown, it shall be deemed a misdemeanor in
office"—Yide 1. Scott's Rev. 545. This provision of the act of
1796 had respect to the judges of the superior court, and the act
of 1809, chap. 49, sec. 4 gives the same powers to, and imposes
the same conditions upon the circuit Judges, that had been pos-
sessed by, and imposed upon, the Judges of the Superior Court,
whereby a failure to attend any of the terms of the Circuit Courts
without some legal excuse, on the part of the Circuit Judges would
be a misdemeanor in office. But, it is not pretended that the re-
spondent in this case failed tp attend any of the terms of his
courts, and of course cannot be regarded as having committed a
misdemeanor under the act of 1796. The act of 1817 chap. 82,
sec. 9 provides, that, "the Judges of the Supreme and circuit
courts shall sif, hear and determine all causes that may come before
them, unless the parties litigant are related" &c. Vide 2, Scott
363. It has been urged by defendant's counsel, that inasmuch as
the preceding sections of the act of 1817 were limited in their pro-
visions to the transfer of special causes to the Supreme court,—to
the appointment of special Judges of the Circrit Court for the pur-
pose of trying a particular class of causes therein mentioned, and
415
the manner of proceeding therein; and as the caption of the act
was entitled, "an act fo„r the trial of certain causes in the Circuit
Courts," the 9th section before recited was designed by the Le-
gislature to have respect only to the special class of causes men-
tioned in the act, and to the courts in which they should be tried.
This construction of the 9th sec. of the act of 1817 we do not be-
lieve is warranted by a careful examination of the whole act. The
3rd sec. of the same act provides, how the Judges designated to
hold these special courts should try thp causes therein, and is in
the following words, that "it shall be the duty of every Circuit
Judge required by the Governor to hold a special term of any
Circuit Court in pursuance of this act, to attend accordingly, and
proceed to try and determine the causes,for the trial of which
said court was directed, in the same manner as if the same were a reg-
ular term of said court." Ilere the duties of the Judge, in conduct-
iogthe trials of the causes in these special courts, are expressly
declared to be the same as at the general terms of the Circuit
Courts; and to impose any other duties, or require any greater at-
tention on the part of the Judge holding these special courts, than
are imposed upon, and required of the Judge holding the general
terms, would be to give the 9th sec. a construction that would be
incompatible with the provisions of the 3d sec. and make the act
inconsistent with itself; and to say the 9th sec. was intended to re-
quire of the Judges of the special courts precisely the same duties
the third section requires, would be to make the 9th section to-
tally unnecessary. Therefore, to avoid the incongruity involved
in such a construction of the 9th sec. we feel bound to believe it
was designed by the legislature to prescribe the duty of the 6u-
preme and Circuit Courts generally; and its chief object was ra-
ther to make itjthe duty ot these courts to try all causes that came
before them, unless within the exceptions therein specified, than
to point out the manner of such trials,—that it had respect rather
to the kind of cases they should be competent and incompetent to
try, than the mode of conducting such trials.—But it is insisted that
in the 9th sec. it is expressly made the duty of "the Judges of the
Supreme and Circuit Courts to sit, hear and determine all causes
that may come before them" &c; that any, the shortest absence
from the bench, is in violation of this express provision. In the
construction of an act of the Legislature, in order to ascertain the
extent of its meaning, it is proper, as laid down by Blackstdne in
his commentaries, and Bacon's Abr. (vide title statute) to consid-
er the subject matter to which it relates, and the object to be at-
tained. This act relates to, and declares the duties of the Judi-
cial department of our government; and the object to be attain-
ed is the administration of justice between the parties litigant, in
the courts. §uch reasonable construction then of the act, as will
accomplish the end according to the terms and spirit of the consti-
410
tution, we believe to be all that ever was intended by the Legisla-
ture, that passed it. To say the Judge must sit still during the
trial of a cause, and not move his position, or that he must not
stand, should-he feel inclined to do so, would not be a reasonable
construction of the act, because, lie might thereby become so much
fatigued, as to be physically disabled to administer justice so. well,
as if he were to stand, or walk, as he might choose, and the ends
of justice consequently not so well attained. To say the Judge
must hear every word uttered, in relation to a cause during the
progress of a trial, would also be an unreasonable construction, be-
cause, besides being unnecessary to a correct understanding of
the cause, it would be a means of greatly delaying the adminis-
tration of justice, by the time it would of necessity consume in the
repetitious it would unavoidably occasion, and produce much per-
plexity and copfusion in the mint! of the court, in attempting to
hear ail the words of useless jargon, that will be spoken during
the trial of causes. Nor would it be a reasonable construction to
say, that the words "determine all causes that come before them",
must be taken literally; that when a case comes before the Judge
which lie is not made incompetent to try, he must determine it;
because the ends of Justice frequently require that a continuance
should be granted until another term, when some other Judge may
try the cause. For the same reason mis-trials must frequently
be entered, and another Judge may try the causes. Yet, it has
never been thought, and we imagine will not be seriously insist-
ed, that in such cases, the Judges violate their duty under the act
of 1817, in not trying the same. Therefore, the words, sit, hear
and determine, employed in the 9th section of the 82 chap, of the
act of 1817, could riot have been intended by the Legislature to be
taken in their strict literal sense, but were designed to be under-
stood as figurative terms, used to express a general duty imposed
upon the Judges of the Supreme and Circuit Courts, to try all
causes that came before them, unless where they were made in-
competent in such manner as would "administer right and justice
without sale, denial or delay. But were we to concede the most
literal construction contended for the act under consideration, no
clause is found declaring the Judge shall "sit" upon the bench,
"hear"on the bench, or "determine"/rom the bench, to the exclusion
of any other part of the court house. We therefore believe that
a reasonable construcfion of the act, according to the rules pre-
scribed, and laiu down for the construction of statutes, requires
nothing more on the part of the Judges than such a sitting, hearing
and determining of the causes that may come before them "as shall
administer right and justice without sctle, denial or delay. When
this shall have been done, and more especially if done to the sat-
isfaction of the parties litigant, we consider the Judge to have
accomplished the end of his olilce—to have discharged bis duty
w
under the constitution—and to have sufficiently complied with the
spirit and intention of the act of 1817. This ha3 all been done,
according to the proof in the cause before the court on the part of
Judge IlaskelL When it has been proved that justice was
promptly administered by the Respondent, generally, as well as in
the causes complained of, and to the satisfaction of the parlies liti-
gant in the courts in which he presided—when his conduct has
violated no rule of moral or municipal law—when no corrupt or
impure motive is imputed—when no public or private injury has
been suffered—when bis official decisious are believed to have
been correct- when his impartiality and integrity as a Judge, and
his honesty, benevolence and compassion as a man have been so
clearly established, and without contradiction by a numerous train
of witnesses in this Cause—when :o general a satisfaction has been
given in the administration of the law among them to the great
body of the people of his circuit—and when so*general a desire
seems to prevail among those over whom he presides as Judge
that he should not be removed from office,—shall we take upon
ourselves from the proof in this cause,—the oath we have taken,
and the duty we owe to ourselves and the public, to find the de-
fendant guilty of a misdemeanor in office. Can we from such
proof seize upon one of the most important functionaries of our
government, standing in all his private, social and official rela-
tions to society, uncharged and unsuspected of guilt, hurl him
from office, consign him to infamy and disgrace, and his reputable
family to degradation? Should this court take such a responsibil-
itv upon themselves in the face of an admission by the managers
of this prosecution in their report to the House of Representatives,
that if the doctrines established in the highest tribunal of this union
in the trial of Judge Peck, in a much more aggravated case should
be adhered to, that the respondent must be acquitted? For our-
selves we think not—we do not feel disposed to disturb this de-
cision of the Senate of the United States, but believe it to have
been correct. From the best consideration therefore, we have
been able to give this cause, we feel ourselves bound in the dis-
charge of a duty we owe to ourselves, to the public and to the res-
pondent to find him not guilty generally of misbehaviours or mis-
demeanor in office as charged in the first and second articles of
impeachrnent and in the several specifications under them.
, OPINION OF MR, PERKINS,
Delivered in the Court of Impeachment on the tried of Hon. Joshua Has-
keif Judge of the Sih Judicial Circuit.
The first specification' of the first article of this Impeachment,
418
charges, that at a court holden for-the county of Henderson, at
the court house thereof, on the second Monday in April, 1828,
and on the trial of William Walden on an indictment for murder,
during the examination of witnesses by counsel, and during the
argument of counsel, Judge Haskell absented himself from the
court, out of hearing of the counsel, witnesses, and jury, to the
great damage of the defendant Walden, the county of Henderson,
and State of Tennessee.
It is in evidence upon this specification, that the .ludge was ab-
sent during the aforesaid trial about a half hour; that a witness
was examined during his absence; that the Judge was sent for to
decide a dispute that arose during the examination; the sheriff
says he found him not far from the door of the court house, and
that the Judge followed him into court. It is not settled whether
the witness was under examination in chief, or whether it was af-
ter the argument commenced.
On the second specification of the same article, it is proved,
that at a court holden for the county of Montgomery; and on the
the trial of Andrew Johnston, the Judge after night absented him-
self from the bench about a half hour; that he was seen walking at
the back of the bar, at one time, and at the back of the court-
house at another; his absence was during the time that one of de-
fendant's counsel was arguing the case; the trial had lasted four-
teen hours, the weather very warm—the Judge charged the law,
and that there was no injury done to any party.
And on the third specification, the evidvence is, that at a court
holden for the county of Hickman, on the second Monday in
September, 1828, and during the trial of George W. Garrett for
perjury, the Judge was absent a short time, supposed to be about
ten minutes, during the examination of a witness, but it is not re-
collected what witness or whether material to the cause, and it
is not proved whether he was ever out of the house. It is also,
in proof that the Judge was absent for a short time during tne lat-
ter part of the argument of counsel; the witnesses unite in saying
the prosecution was frivolous, that the case was not a litigated
one, and that no injury resulted to any party in consequence of
his absence.
On the fifth specification of the same article, it is in evidence
that at a court holden for the county of Dickson, at the court
house thereof on the 1 st Monday of September, 1823, and on the
trial of Ausemus S. Merritt, on an indictment for negro stealing,
the Judge was absent some tiffie during the trial; the witnesses
do not agree upon the length of time. One says about a half
an hour, and another near an hour; ihat difficulties arose during
the absence of the Judge, which was compromised by counsel;
the evidence conflicts with respect to the part of the trial in
which those difficulties arose, and in which the Judge was absent.
419
One of the witnesses says that it*was during the time the bar Was
select'.ng and empanelling the jury—another says he thinks the
difficulty spoken of that was adjusted by counsel, arose out of the
examination of a witness; they both agree that the Judge charged
the law—and that there was no injury done to any party.
On the same article and 7th specification, at a court holden for
the county of Madison, at the court-house thereof, on the third
Monday of February, 1828, and on the trial of the State vs. John
Newbold, for murder, there is some evidence of his having been
off the bench during the trial, though a short time; one witness
saw him out of the house about the conclusion of the argument
of counsel; all the witnesses agree, lhat no injury resulted to any
party, and some of them say he acquitted himself with credit on
that trial and during that term of the court.
1st art. 11 specification—case of Thompson vs. Sloan,—cause
of action about twelve dollars, tried at a court holden for the
county of Hardin at the court house thereof, on the second Mon-
day of May, 1829; upon this specification, the evidence of Mr.
Nikon is, that the Judge left the bench about the commencement
of the examination of witnesses, and was not present until about
the close of the argument, at which time he was at the end of the
bar, and charged the jury; he considered the charge a correct one,
and that it was better than any man could have given that did not
hear the evidence; he saw him once out of the court-house, but
don't know how long he stayed out. The evidence of Mr. Miller,
is, that he was present at the trial, that he believes the Judge was
there most of the time during the trial, that a bill of exceptions
was prepared, and that a reference was made to him about the
facts and testimony; the Judge was absent some part of the time,
and that he was absent when the reference was made, he believes
about the door some where; that it was made without the Judge
being called upon, or knowing any thing of it.
The 4th, 6th, 8th, 9th and 10th specifications of the first article
has been abandoned by the managers.
All the specifications contained in this article, and upon which
proof has been offered are very much the same, both as to the na-
ture of the charges, & the manner in which they have been sustain-
ed, and it would seem to me that the same principles are involved
in, and should govern them all. In pleading to these charges, the
respondent does not take issue upou the facts of his having tern-
porarily left the bench, butdenies having been* guilty of such a mis-
demeanor as would justify an impeachment. In coming to a deter-
ruination of what we should do in this matter, one inquiry with
me is, to what extent, or whether he has in leaving the bench,vio-
lated any known and prescribed rule of law; it is always under-
stood that the judges shall hold their courts at the times and pla-
ces prescribed by the statutes of the State, and the act of 1817,
420
creating the circuit courts, says the judges shall sit, hear and de«
terinine all causes that may come before them, unless the parties
litigant shall be related, &c.
I know of no express la w that applies better to this case than
the one mentioned. Now can this be so construed as to mean
that a judge shall sit alt the time, or that he shall not leave the
bench during the session of court, or that in hearing and deter-
mining the causes lie should hear every tiling said? I ain satis-
fied for my part that no such thing was meant, neither has any
law been read that to my mind, could be so construed; for under
a construction of that desription, 1 know no judge that could not
be removed; neither could there be any statute or prescribed rule
of law thatcouldm-onsisfent with the nature of the duties of a judge,
bro't to bear directly upon this case. In the nature of the thing a
discretionary power must be left with the court, as to what time
they shall leave the bench, and if in the exercise of that ,discre-
tion it should be abused an 1 injury ensue to either government or
individual, it would then be good reason for an impeachment.
, Did he determine, then, all the causes that came befoie him
during the courts at which he is charged? It is not pretended
that he did not; but it is in evidence that be did. Almost all the
witnesses that were introduced, as well for the State as for the
respondent, concur in saying that he despatched the business ex-
peditiously and correctly. I cannot therefore, upon this view
of the subject, see any data, upon which to tix it in a way that
would justify me in saying that he has been guilty of such a mis-
demeanor in office as would authorise his removal, unless his
conduct in leaving the bench is so connected with other cir-
cumstances, as to render it a criminal misdemeanor—such as
corrupt intent, or in the absence of corruption, injuries resulting
to parties concerned in consequence of his having left the bench.
So far as respects corruption or corrupt intent, he is not charg ed
with it, neither has it been attempted to be proved so far as I re-
collect. With respect to injury resulting from his absence,
there is no proof to that effect, it is not proved thatffinjury was
dene to any parly in anyone instance.
But though no injury is proved to have resulted to any party in
consequence of his absence, yet it is a matter in my opinion wor-
thy of consideration, whether his absence was likely to produce
mischief, in order to rivet upon the respondent that gross negli-
gence that would seem to attack to him upon first view of the
subject, and that might amount to such a misdemeanor, as would
authorise this court lo remove him from Office. With a view
to that, it would in my opinion be very material to shew at what
time he was absent, at what stage of trial,if during examination of
witnesses, what witness and what the witness was detailing when
absent, whether essential to a correct determination of the
i21
suit, &c. Nothing of this kind has been proved. Then tak-*
ing these specifications separately, and unable as I am to find that
on any one of them there is proofof his having acted in direct vi-
olation of the constitution of the State, of any statute of the State,
to any prescribed and knovVn rule of law, and corrupt motive not
having been proved or ascribed to him, and it not having appear-
ed that injury resulted to any party during those trials in the spe-
cifications mentioned, I am unable to take up any one of them*
ayrd say that his conduct upon that was such as will justify me
if) finding him guilty of such a misdemeanor as would remove
him from office.
And though I cannot feel myself justified in voting for a remo-
val from office, on any one of the specifications taken separately
in consequence of the absence of proof eithe^of a violation of a
prescribed rule of law, corrupt motive, or of damage having ac-
crued to some party; yet I have no hesitancy in believing that thq
iudge might not act as to authorise bis removal without either, 7
A general neglect or refusal to attend to the duties of his office,
though there should be no direct proof of corruption, or of spe-
cial damage to an individual,yet as that general neglect or refusal
necessarily produces public damage, it would in my opinion be
sufficient cause for removal. This part of the subject will, as I
think, let in the evidence of his general character as a Judge; for
if the proof of his general conduct as a Judicial officer is such
as to warrant this court in saying, that he has so abused nis office,
as to make it apparent, that the country is in danger of suffering
in consequence of his negligence—or that he has failed to aq-
svver th? purposes for which that office was created, or that public
or private damage has ensued in consequence of his not attend-
ing to the business of his court, it would form good ground forrer
pioval.
Upon this part of the subject then, let us look to the evidence
adduced for his general conduct as a Judge, of which there is a-
bundance, from the people of his circuit, and over whom he pre-
sides.—Many witnesses of first respectability have been examined
to that point, most of whom say that he dispatches business as
fast as most Judges, and that his decisions are generally under-
stood to be correct and satisfactory; that,the body of the people
of his circuit is satisfied with him, and wishes to retain him, that
some take exceptions to his want of dignity when off the bench;
that some of the members of the bar complain of him on the ground
of his want of dignity when off the bench, and his shewing disre-
spect to them when on it.
Then upon the best view I have been able to give the subject,
I am not satisfied, that the evidence offered in support of the first
article or any of the specifications thereof, has been such as would
authorise me to find him guilty of such a misdemeanor as would
Ddd
422
remove him from office. I therefore vote upon this article and
all its specifications,—not guilty.
The first specification of the second article has been abandon-
ed.
The second specification of the same article charges, that at a
court bolden for the county of Hickman at the court house there-
of on the second Monday of Sept. 1828, and on the last day of the
term, he the said Judge, did negligently and illegally omit, fail and
refuse to have and hear the minutes read, and that he signed llfld;
minutes, as true records of the proceedings of the court without
knowing whether they were true or false. The only witness in-
troduced in support of this specification, is, Dr. Sebastian, the
clerk of the court, who says he does not know whether the min-
Utes of the day were read or not with the exception of the lastjudg-
merit, which he knows was read. I, therefore, consider that the
charge, in Ibis specificntion has not been proved, and, therefore,
vote upon it,—not guilty.
OPINION OF MR. IIOLMAN.
The managers on the part of the House of Representatives have
abandoned the charges and specifications set forth in the 4, 6, 8,
9 and 10 specifications of the first article of this impeachment,
and the first specification of the second article. It now becomes
our duty to decide whether the remaining articles and specifica-
tions of this charge, have been proved as exhibited against this res-
pondent, and if so, whether they constitute such misdemeanors
as to disfranchise him of his office.
In the first specification of the first article, on the trial of Will-
iam W'alden for murder in the county of Henderson, on ibe 16th
day of April, 1828, the Judge is charged with having negligently,
capriciously and illegally absented himself from the bench during
the examination of witnesses, and during the argument of coun-
sel,—and going out of their hearing, and engaging in conversa-
tion, &c. to the great damage of the said William Walden, of the
said county of Henderson, and of the State of Tennessee.
In the second specification of the first article on the trial of An-
drew Johnson for horse-stealing, in the county of Montgomery on
the 21st day of August 1828, the Judge is charged with having
negligently, capriciously and illegelly withdrawn himself from the
business of said trial during the progress thereof, and engaged in
various conversations, &c. and with having omitted, failed and re-
fused to hear, attend to and superintend the testimony of witness-
es, and the argument of counsel, &c.
In the third specification of the first article, on the trial of George
423
*W. Garrett for perjury, in the county of Hickman, on the 12th
day of September 1828, he is charged with having negligently,
capriciously and illegally omitted, failed and refused to hear, at-
tend to, and superintend the testimony of witnesses, and the argu-%
ment of counsel, he, the said judge being, during the trial of such
testimony given in,&argumentsof counsel, engaged in various busi-
ness and conversation, sometimes in the court house, sometimes
out of it, sometimes out of sight and hearing from said court
house, &c. ,
In the fifth specification of the first article, on the trial of Au-
semus S. Merritt for negro stealing, in the county of Dickson, on-
the fifth day of September 1828, he is charged with having negli-
gently, capriciously and illegally omitted, failed and refused to
hear, attend to, and superintended the testimony of witnesses, and
the argument of counsel, he, the said Judge being, during the
time of such testimony given in, and such arguments of counsel,
engaged in conversation and business, sometimes in the court
house, sometimes out of it, and sometimes out of sight and hearing
from the court house, &c.
In the seventh specification of the first article, on the trial of
John Newbold for murder, in the county of Madison on the 21st
day ofFebruary 1828, he is charged with having negligently, ca-
priciously and illegally omitted, failed and refused to hear, attend
to and superintend the examination of witnesses and the argu-
ment of counsel, he being, during the testimony given in, and ar-
gument of counsel, engaged in conversation, sometimes in the
court house, and sometimes out of it, &c.
In the 11th specification of the first article, on the trial of John
Thompson vs. William Sloan, in the county of Hardin, on the 15th
day of May, 1829, he is charged with having negligently, capri-
ciouslyand illegally omitted, failed and refused to hear, attend to,
and superintend the testimony of witnesses, and the argument of
counsel, he being engaged in conversation and business with di-
vers persons at a distance beyond hearing from the place of tri-
al, &c.
All the specifications conclude to the great damage, &c. as in the
first specification.
Without entering into a detail of the testimony, I will here re-
mark that the substance of the charges set forth in the several spe-
cifications are proved to the satisfaction of my mind. It has been
clearly proved that during the trial of several of tiie causes therein
set forth, and while witnesses were under examination, and the
arguments of counsel going on before the jury, the Judge negli-
gently and wilfully absented himself from the court house, the place
of trial, frequently out of hearing from the court house, without
suspending the business of the court in his absence, and engaged
in divers conversations and business with persons in the cour
424
yard—that in bis absence disputes sometimes arose between tbe
^counsel about tbe testimony of witnesses—and that the Judge had
full knowledge that the business of the court was progressing
while he was thus absent, &c.
It is proven that he was absent during some part of every trial
mentioned in tbe specifications,—either while the testimony of
witnesses was given in, or while tbe arguments of counsel were
going on.—And on the trial of Thompson vs. Sloan, it is in proof
that the Judge was absent from the time the jury was impannelled
until the close of the arguments of counsel.
The second specification of the second article, relative to the
charge of having signed the minutes ot the Hickman circuit court
as true records, without having thein read, is not sustained by sat-
isfactory evidence—I therefore on this specification vote—not
guilty.
Upon this statement of facts, is Judge Haskell impeachable for
misdemeanor in office? His counsel urge with great ability in his
defence, that a Judge cannot be impeached except for such offenc-
es.as are indictable at the common law—that crime and misde-
meaner are synonimous terms—and that no act of a Judge is im-
peachable, unless an offence against some known law or rule pre-
scribed by the municipal regulations of the country, or an infrac-
lion of the moral law. Let us advert to the constitution of our
own State, and see for what offence a Judge is liable to impeach-
ment.
The second sec. of the 5th art. of the constitution prescribes,
"that the Judges of the several courts of law and equity, shall hold
their respective offices during their good behaviour."—And the
4th article, sec. 4, makes them "liable to impeachment for any
misdemeanor in office." These two clauses in the constitution be-
ing in pari materia must be in direct opposition to each other.
With this view of the subject, it is very evident that misbehaviour
in office, and misdemeanor in office mean the same thing, and this
principle of construction was agreed to on all hands, in the great
and important trial of Judge Chase, 7. Dane's Abr. 365. I believe
lhat a Judge may so misbehave in office, as to be liable to impeach-
ment and removal, and not be guilty of an indictable offence. "Ha-
bitual drunkenness in a Judge is not an indictable offence, but the
Senate removed from office Judge Pickering for this offence," 7
Dane 365. Suppose a Judge should negligently refuse to hold
some of the terms of this court, or at each term, should open and
hold court only one hour on each day without any reasonable ex-
cuse for not sitting longer, yet for such misconduct he.could not
be indicted at the common faw. He might during the progress of
trials in court, while on the bench, sing obscene songs, relate mar-
vellous and ridiculous tales, and do a great many acts well caicu-
lated to bring disgrace upon the public justice of the country, for
•425
which he would not be indictable at common law. Great stress
has been laid on the word ''misdemeanor by respondent's court-
sel. They contend that the tenure by which the Judges hold their
offices in this country is prescribed by the constitution, and not by
the common law—and that the authorities read by the managers on
the forfeiture of offices in England are not applicable to impeach-
ments here. Judge Blackstone says, "the fairest and most ra-
tional method to interpret the will of theLegislator, is by exploring
his intentions at the time when the law was made, by signs the
most natural and probable." By exploring the intention of the
framers of the constitution, it is not to be supposed that they in-
tended that the wofd "misdemeanor*' in office, should have a dif-
ferent meaning to offences which would render offices liable lo
forfeiture at the common law. We derived all our legal notions
from the common law of England, and we commonly advert to the
laws of that country, in order to aid us in acquiring information
as to the proper meaning of every doubtful legal phrase. The de-
finition of misdemeanor in office, is laid down with great perspi-
cuity in 1 Dane's Abr. 366. "What is good behaviour in office
is certainly a very general and indefinite question, not defined by
any statute, constitution or adjudged cases, nor can it be in the
nature of things; but what is good behaviour or not in office must
ever essentially depend on the actions of the officer, and circum-
stances of the particular case, too numerous and various to be re-
duced within any known law, in the proper sense of the expression."
So that I am clearly of the opinion that a Judge may be impeach-
ed and removed from office for an offence not defined either by
statute, constitution, or adjudged cases. And this principle is
in perfect accordance with the genius and spirit of our govern-
ment and constitution; for I believe, (as urged by Mr. Allen,one
of the managers) that in the grant of every office to every Judge
in this State, there is a condition implied between the State and
the officer, that lie shall hold his office so long as he continues
diligently and faithfully to demean himself as a Judge—but that
whenever he manifests a wanton disregard of his oath, and the
solemn duty and dignity of his station, he violates the contract
and forfeits his office.
This principle has been recognized as the common law of En-
gland ever since the days of Lord Coke. It is a general rule, that
if a person does an act which is contrary to the nature and
duty of his office, or refuses to perform the duties annexed to it,
the office is forfeited; for in the grant of every office, there is a
condition implied, that the grantee shall execute it faithfully and
diligenify—3 Cruise's Dig. 90,—1 Haw. PI. C. 412,—2 Roll. Abr.
155,-3 Mod. Repts. 143,—Co. Litt. 233.
And the experience of ages has demonstrated, that these prin-
ciples are perfectly compatible with the good of offices, and aux-
426
iliary to the purest ends of justice. Any other doctrine than
this is contrary to the principles of our government. The princi-
pie of responsibility fer neglect of duty in office, pervades every
department of a free government; for wherever responsibility
ends, there tyranny begins. It would have swelled our constitu-
tion to an enormous size, to have enumerated all the particular
instances wherein a Judge may be impeached, and it is beyond the
power and foresight of the Legislature to enact laws to meet eve*
ry particular instance in which a judge might misbehave in office.
In the case of Field vs. the State of Tennessee, 2 Mar. & Yerger's
Repts.. 188, I find an excellent rule laid down on this subject. The
learned judge who delivered the opinion of the court, observes,
""that the Sessions in England have power to displace a Constable
for good cause, but, what such good cause is cannot be very clear-
]y ascertained." "Any abuses that bring disgrace upon the jus-
tice of the country, were considered sufficient." Admit that this
respondent has not violated any known law, or prescribed rule for
the government of his conduct as judge, yet the course which he
has pursued in the exercise of his office, is well calculated to bring
disgrace upon the public justice of the country.
But the counsel for Judge Haskell contended that an office con-
cerning the administration of justice, cannot be forfeited for a
bare nonuser, without showing some special damage occasioned
thereby. They contended that as the managers had not proved
special damage either to the State, the counties or the parties
mentioned in the specifications as charged, that this impeachment
could not be sustained. There appears to have been some diver-
sity of opinion even among the most learned jurists on this subject.
But I believe the rule is now well settled that non-attendance of
a public office is a cause of forfeiture, without showing special
damage occasioned thereby. Lord Mansfield lays down the rule
to be this, "that in a public office, concerning the administration
of justice, the officer is bound to attend to the duties of it at his
peril: and non-attendance is a cause of forfeiture of his office,
though no inconvenience ensue by such non-attendance. And
the difference is between public and private offices." 4 Bur.
Repts. 200G, and so is 2 Co. Litt. 233,—9 Co. 50,—2 Ld. Rym.
Repts, 1237,—5 Com. Dig. 222.
But I believe that in cases like this, the law will imply an injury.
Was there no injury sustained while the counsel were quarrelling
about the admissibility of evidence before the jury, in the ab-
sence of thejudge? and did the dignity of the State and public
justice receive no injury while witnesses were under examination
—the lawj?ers pleading before the jury on the lives and liberties
of men,—and the judge at the same time so regardless of his duty
and the importance of the causes on trial—as to withdraw him-
self 80 or 100 yards from the court house, the place of trial, and
427
there engage inconversation abouthorse swapping?It is admitted by
one of Resp'dt's counsel, that if the judge saw that injury was the
apparent or likely consequence of his leaving the court house du-
ring the trial of causes, it would be immaterial whether injury en-
sued or not—for that his wanton disregard of his duty in thus wil-
fully endangering the rights arid liberties of those in court, would
render him ps guilty, as though injury had resulted therefrom.
Assume then, that this position is correct, and we are obliged to
remove him from office; for how can it be made appear that Judge
Haskell could not discover that injury was likely to ensue every
moment he was absent ? I am furthermore of opinion that the al-
legation of damage set forth in the specifications is surplusage,
ahd can neither do good nor harm. Sec. 2 Lord Ray. I1S9—Sal.
Refits. 380.
Now let us turn our attention to the constitution and laws of
the land, and see whether the respondent has violated any rule
prescribed. The act of 1S09, Chap. 49, Sec. 7, requires each
Circuit Judge in this State, before lie proceeds to discharge the
duties of his office, to take an oath "that he will faithfully and im-
partially discharge arid perform all the duties incumbent on him as
Circuit Judge, according to the best of his skill and ability." This
oath respondent took before he entered upon the exercises of his
bffice.
The 9th sec. of the act of 1817, chap. 82, prescribes (hat, "the
Judges of the Circuit courts shall sit, hear and determine all cau-
ses that may come before him, unless the parlies litigant are re-
lated to said Judges either bv the ties of affinity or consanguinity
Or where said Judge may have been employed in said causes as
counsel." It ?s contended that this is a local act,and relates on-
!y to the duties of the Judges of a Special court in East Tennes-
nessee. I have not had an opportunity ofsatisfying my mind as
tb the correctness of this statement; hut I am well assured that
this has been the law in relation to Judges for ages—and that the
statute is only declaratory of what the duty of the Judges was be-
fore its passage. The 9th sec. of the Declaration of Rights pro-
vides, "That in all criminal prosecutions the accused has a tight
to be heard by himself and his counsel,&c." From these provisions
and rules, one of the first questions which naturally arises is, did the
Judge faithfully and impartially sit, hear and determine all the
causes mentioned in the articles and specifications, according to
the best of his skill and ability? or did he manifest on the trial of
those causes such a total and direct neglect and omission ofhisdu
ty,as to amount to a virtual violation of his oath? I am of the opiti-
ion, that no one who heard the testimony in this cause, can be-
lieve for one moment that the Judge attendedlto,heard and superin
tended the examination of witnesses, and the arguments of coun-
eel on the trial of the causes set forth in the specifications, to the
428
best of liis skill and ability. He then in a moral point of view,—in
foio conscientie, has disregarded the solemn duties of his oath.
The Judge without pretending to set up any excuse, has viola-
ted the positive injunctions of the act of IS 17 and the 9th sec. of
the Declaration of Rights. The word "hear" in the statute is as
obligatory as the word "determine"—and no one will pretend to
say, that if the Judge had wilfully refused to determine those cau-
ses, although he heard all the evidence and argument of counsel,
and faithfully performed his duty in every other respect, but that
he would be impeachable. What rendered it the more important
that he should have faithfully ^tended to the trial of the causes
mentioned in the specifications is, that the most of them were
criminal prosecutions, which the constitution as well as the sta-;
tute required him to hear; for the only reasonable construction
that can be given to the Oth section of the Declaration of Rights
is, "that in ail criminal prosecutions it shall be the duty of the
court, to hear the accused by himself and his counsel." So that
the act of 1817, is only declaratory of the true meaning of that
part of the constitution. It is admitted on all hands, that if a judge
tails to attend any of the terms of his court, without sufficient
cause for such failure, he would be liable to impeachment for $
misdemeanor in office. If the judge then, would not be excusable
for fail iug to attend one of the terms of his court, how can he be
excused for having wilfully and negligently omitted to hear., and
attend to the examination of witnesses, and the arguments of
counsel, and for suffering the business of the court to pro-
gress in his absence? In the former case, he would only be guil-
ty of neglecting to do what the law required him to do, but in the
latter, he is guilty, not only of neglecting to do what is required
of him by the law, but of having entered on the exercise of his
duty, and then wilfully and negligently refusing to perform it, at
a time when great and apparent mischief was likely to result
to the State and to the parties in court, and (o the contempt and
disgrace of the Judicial department of the government. It is very
evidentthen, that Judge Haskell has wilfully violated some of the
prescribed duties of his office. It is nugatory to say there is no
pres iibed law prohibiting a Judge from leaving the bench during
the progress of business in court, and going off and engaging in
conversation and amusements with the populace in the streets, or
the tippling house-—for the law is, that "an officer is liable to a
forfeiture of his office, not only for doing a thing directly contrary
to the design of it, but also for neglecting to attend to his duty at
all usual, proper, and convenient times and places." 1 Hawk. PI.
C. 142.
Mr. Fletcher, one of Respondent's counsel took this ground.—
He contended that this was a special court, and that sosoonasjthe
429
legislature should adjourn, the court tfould cease to exist—and
that as the articles of impeachment were foun I by the House of
Representatives at the last General Assembly, that this impeach-
mentis abated by the dissolution of the last session, lamofopin-
ion that this court is no- more special, in the legal sense of the
phrase, than the circuit or supreme courts. By the 2 l sec. of the
4th art. of the constitution, "-All impeachments shall be tried by
the Senate." The Senate then exists, as long, as our constitution
and present form of government shall continue to exist, although
the members who compose it may change. It is said that almost
all the legal characters in eac i house of Parliament voted that
the impeachment of Warren Hastings, had abated by the disso-.
lution of the Parliament. I cannot see the reasons upon which
they founded their judgment—I believe that this impeachment has
not abated, and that this court lias jurisdiction of it.
It is due to the house of representatives and their honorable
managers to say, that it is not reasonable to suppose that they pro-
secuted this impeachment inconsiderately upon light and uncer-
tain grounds; for they have substantially proved all but one of the
charges upon which they relied.—xAnd the responsibility now
rests with the Senate to say, by their decision, whether the con-
stitution and the laws of this country hold a Judge accountable
for such conduct as this, and whether the crtl'ier Judges of this
State may commit like offences with impunity.
Respondent's counsel have in feeling terms appealed to the liu-
manity of this court. They tell us that respondent has maintain-
ed an unblemished character as an honest man—that he is poor
and has a worthy family who look to him for support—that he is
popular among the people of his circuit—that they wish to retain
him as their Judge—-and that these considerations ought to have
great weight with us in our deliberations. These reflections have
had some bearing on my mind;but I cana >t let sympathy or popular
opinion influence my determination in a case like this. I cannot
say to every other Judge in the State, that you may conduct
yourself in the exercise of your office as Judge Haskell has done,
without responsibility. I consider the decisioa of ttiis case as
extending beyond the happiness or infamy of this Respondent;
that it will decide whether judicial irresponsibility may bid defi-
ance, at pleasure, to the constituted author'tes of the State, and
whether the Judicial tribunals of the country, heretofore, so much
looked to as the safeguards of our lives, our liberty and our proper-
ty, shall be brought into disgrace and contempt. I therefore feel
bound by the obligations of my oath, to find the respondent—
guilty.
Eee
430
The State of Tennessee, vs. Joshua Haskell, Judge of the Slh Judicial
Circuit.
OPINION OF ROBERT M. ANDERSON,
AND OTHERS.
The House of Representatives at the session of 1829 preferred
articles of impeachment against the Respondent, charging him
with having negligent!}7, capriciously and illegally left the bench
and court house, during the progress of trials before him, and
while witnesses were under examination, and while counsel were
arguing. Under this article, there are eleven specifications set-
ting forth the particular times, places and trials in which he had
been guilty of the facts charged.
The second article in the impeachment charged him with hav»
jng negligently, capriciously and illegally omitted, failed and re-
fused to have, arid to have read in open court the minutes of courts
in which lie had presided as Judge, and having signed said records
without knowing whether they were true or false. There are two
specifications under this article setting forth times and places.
Managers were appointed on behalf of the State, by the House
of Representatives of 1S29 who exhibited these charges before
the Senate of IS29. The Respondent appeared before that Senate
and filed his plea of not guilty of any misdemeanor or misbeha-
viour as in and by the said articles and specifications, is alleged,
and issue thereon was taken by the managers on the part of the
House of Representatives. The cause was then continued on mo-
lion of Mr. Burford, one of tite Senators, and by and with the con-
sent of the respondent, until the next regular or called session of
the General Assembly: and now at the session of the General As-
sembly of 1831, the cause is prosecuted by managers appointed
on behalf of the State by the House cf Representatives of 1831.
It is insisted by Respondent's counsel, that tiiis court hasnoju-
risdiction of this cause, because the articles of impeachment were
exhibited, and issue taken thereon at a former session of the Le-
gislature. That when that Legislature adjourned, the cause abat-
ed, and a subsequent Legislature to which the cause had been
continued, had no jurisdiction and could not try it.
In support of this position, the following authorities are cited
by Respondent's counsel:—4th Blackstone's com. p. 260. (An-
drew Blair's case.)—4th Blackstone's com. p. 400. (Case of War-
ren Hastings,) Sir Thomas Raymond, page 120—1st Levirig 165,
5th vol. of Jacob's Law Dictionary, page 91. It seems that in
Blair's case first above quoted, it was conceded that the dissolu-
lion of the Ruiliament before which the impeachment was com-
menced, abated the cause. In the trial of Warren Hastings, how-
45A
ever, this point was again made and discussed, and it was decided
that a subsequent Parliament bad jurisdiction.
This 1 believe to be the correct doctrine. It is said that tbe
legal characters who were in tbe Parliament that tried Warren
Hastings, voted that tbe cause had abated; and although they.were
in the minority on that question, yet the Parliament felt the oe-
cessity of, and did pass an act at that very session on the subject,
declaring that the dissolution of a Parliament should not be an a-
batement of impeachments pending before Parliament. Without
stopping to enquire into the difference in the nature, character and
organization of the two Governments, or to ascertain whether this
act of Parliament is in force in this State, I will examine the ques-
tion with a view solely to our own constitution.
The constitution of Tennessee, Article 4. Section l.arrd 2. says,
"The House of Representatives shall have .the sole power of im-
peachrnent. All impeachments shall be tried by the Senate."
The constitution requires us to elect members of the Senate and-
House of Representatives once in two years, and the time of elec-
tionsis fixed by the constitution. I hold that when members are
thus elected, they are members of the Senate for two years, unless
they die or resign. The executive has the power to issue writs
of election to supply vacancies occasioned by the death or resign
nation of members, and the power to convene the Legislature when
occasion may require; and when thus convened they have the
same power and authority, that they have when they convene on
the day pointed out by the constitution when they shall convene.
In point of fact, and in the contemplation ofthe constitution, there
always is a Senate, and a change of members of that body by the
election of different men, does not affect the existence, powers or
privileges of the Senate. The Legislature is a distinct, inde-
pendent co-ordinate department of our government that never dies.
The Senate is not a special court clothed with power for the
trial of a particular cause, and whose jurisdiction and authority
end with the trial of the particular cause, but it is a court that is
always in being though not always in session. There is no point
of time when the people of this State have not a court in the Sen-
ate of the State for the trial of such impeachments as may be
constitutionally brought before them. I am therefore of opinion
that this Senate has jurisdiction of the cause.
This being a preliminary question in my opinion, and necessary
to be first settled, and being satisfied in my own mind on the ques-
tion of jurisdiction, I am ready to proceed and give my opinion on
the question of guilt or innocence of the accused, on the several
articles and specifications contained in the impeachment.
The first article charges the Respondent with having negligent-
ly and illegally left the bench and court house during the progrees
of trials that were had before hirn as Judge, and remaining ab-
432
sent, engaged in conversation, business and amusements while
witnesses were examing, and counsel arguing in said causes.
The first specification charges him with being guilty of these
acts on the trial of William Walden, for murder before him as
Judge, at the April term 1828, of the circuit court for Henderson
county.
Adam Huntsman states—that he was present at the trial of Wil-
1 iaf 1*1 Walden, and after the cause Was taken up for trial; the Judge
was absent at the tavern seventy-five or one hundred yards from
the court house,—and saw him afterwards looking at some hors-
es some distance from the court house, perhaps 80 or one hund-
red yards;—he does not know what was going on when the Judge
left the bench, but knows the trial was progressing. The Judge
remained absent more than half ah hour. Witness was not cer-
tair. that the Judge was absent during the examination of witness-
es, but is certain he was absent during the examination of witness-
es, or the argument of counsel. Witness was present in the court
house when a difficulty arose between the counsel employed, as to
what a witness AacJsaid or should say. The Judge was absent out of
the court house and was sent for. He then came into the court.
This was in the latter part of the day. It is usual for Judges to
attend the whole of a trial that is had before them. It was proved
that this trial lasted until about 12 o'clock iu the night on Satur-
day night, and the jury could not agree. The Judge then dis-
charged them. At the next term, the prisoner was arraigned and
a jury were impannelled to try whether the prisoner Walden was
then insane, who found that he was then insane and a Nole Pros-
equi was then entered, and the prisoner discharged. Witness af-
terwards saw the Judge at a stall where cakes and cider were
sold—the distance from the court house not stated.
Andrew L. Martin, proves that he was present at the trial of
Walden, and that the Judge was out of the court house during the
progress of the trial, at least, as long as Huntsman states. The
Judge was looking at some horses, perhaps seventy or eighty yards
from the court house. He does not know whether the Judge was
absent more than once during ibis trial, nor that he said any thing
when he left the bench. He does not recollect whether witnesses
were examining or counsel arguing, when the Judge was absent,
but recollects that a witness was before the court when the Judge
was absent, and had to be sent for—though he is not certain whe-
ther the witness was on his first examination, or was brought in
to explain his testimony.—Believes the Judge's absence was be-
fore argument of counsel, and when a difficulty arose about the
examination of witnesses.
Joseph W. Talbot—states that he was present at the trial of
Walden, and that the Judge was absent half an hour during the
progress of that trial. He does not know where the Judge was—
43*
some difficulty arose between the counsel, but does not recollect
what the question was:—The Judge was absent from the court
house. 'I he question was referred to sorr.e lawyer who declined
making a decision, saying the State had appointed a man for that
purpose, and the Judge was then sent for. The Judge's absence
was before the argument of counsel commenced.—Believes he was
absent during the examination of witnesses, but is not positive as
to that.
Alexander B. Bradford—states that he was present and engaged
as counsel in the trial of YValden. A witness was before the jury
and the Judge was absent. In the examination of the witness a
difficulty arose between B* ad ford and the defendant's counsel,
some altercation took place, and he sent for the Judge—does not
know how long the Judge was absent. Witness finished his argu-
inent before night—cannot state positively w hether it was before
the argument of counsel commenced Ihat the Judge was sent for,
but is sure it was in the examination of a witness—believes the
sending for the Judge was before the storm which happened on
that day, and he did not commence the. argument until after the
storm—Does not recollect what witness it was about whom the
difficulty arose—Identity of the prisoner Walden was the only
question involved in the cause—Cannot state what was going on
when the Judge left the bench.—The difficulty about which the
Judge was sent for, happened before night. The dispute arose
between the defendant's counsel Talbot and myself during the ex-
ami nation of a witness—The witness Bradford thought Talbot
wished to take advantage in the examination, because of the ab-
sence of the Judge, and sent for him.
Robert Marshall—states that he was the sheriff of the county,
and was present at the trial of Walden. The Judge was absent
when- the dispute arose between the counsel about the examination
ofa witness, and as he believes, when the witness was called back.
He was sent for the Judge, and he found him twenty or thirty
steps from the court house looking at a horse—Thinks the storm
spoken of by Bradford was after dinner.—Does not know what
was going on when the Judge left the bench—Believes that the
sending for the Judge took place before the argument of counsel
commenced,
Hezekiah Bradbury, a witness for Respondent, as to this spe-
cification—states that he was a Juror on the trial of Walden—The
Judge was not absent as he remembers, but once, and that but a
few minutes in the evening—not certain whether it was on the
first examination or when a witness was called back—Judge was
standing at the door as some one said—Judge was not absent
half an hour—Judge's standing in the county where witness re-
sides is very^ good—Does not recollect certainly what was going
i3i
on during the few minutes he was absent, but believes the coun-
sel were disputing about the evidence.
On this specification I find the Respondent guilty.
On the second specification of the first article, which charges
the same facts in the trial of Andrew Johnston for horse stealing
in Montgomery county at the August term 1828.
Cave Johnson, who prosecuted on the part of the State, proves
that Respondent was absent during the argument of counsel in
this cause more than half an hour, but does not recollect of his ab-
sence during the examination of witnesses—bis absence was in the
night, during the argument of defendant's counsel—his absence du-
ring the trial ofcauses at that term, attracted attention generally.
Joseph Ilise—proves that he was counsel for defendant, and the
Judge was off the bench and out of the court house a considers-
ble time during the argument of counsel—Judge left the bench
while he was addressing the jury; believe he was off the bench
from between 9 and 10 o'clock until 12 o'clock—witness was not
always in the court house, but was frequently in and out, and did
not see the Judge on the bench. The Judge ate a part of a water-
melon with witness at the end of the court house, and outside of
the court house, during the argument of counsel in this cause.
William EJ. Dortch, a witness for respondent—Witness was em-
ployed to prosecute, and was in the court house from the com-
mencement of the trial until the jury retired, which was about 11
o'clock—Saw nothing wrong in the Judge, and he did not absent
himself from the bench as witness recollects—Did not see the
Judge absent himself during this trial, and believes that if he had
been absent 10 minutes he would have noticed it—that he was ac-
quainted with the character of Cave Johnson, and would give him
full credit.
Herbert H. Kimble, another witness for respondent—proves, that
he was one of the prosecuting counsel—saw respondent once off
the bench during this trial behind the bar—Does not think the
Judge was absent from the bench as long as stated by Johnson, but
supposes he might be absent twenty minutes, which was during
the argument of counsel—Can safely say that the Judge was not
absent during the examination of witnesses, and would not have
noticed his absence at all, but from his accidently touching witness'
el bo iv.
From all the testimony in this cause I feel bound to find the
Respondent guilty in this specification.
The third specification charges the same offences on the trial
of George W. Garrett for perjury in Hickman county, September
term 1828.
Doctor Samuel Sebastian—slates that as soon as the jury was
empannelled, the Judge absented himself, and was absent during
the examination of some of the witnessess. He was absent twice
435
during this trial—was absent in the yard conversing with others
more than ten minutes at each time-7-Nixon was the attorney for
the State, and the Judge was absent while he read the bill of in-
diclment, and until he made considerable progress in his argu-
ment. When the judge left the bench he told them to proceed.—
The judge was present when the testimony commenced, but was
absent in ,the examination of some witnesses in chief. Nixon, the
Attorney General, had to send for the Judge to hear some part of
his argument that was addressed to the court. Does not know
that the witnesses that were examined in the judges absence were
material. The judge stayed untilwitness was satisfied from the
testimony that the defendant was not guilty, and the prosecution
was frivilous—does not know of any harm happening to any per-
son on account of his absence— does not know that the Judge was
out of the court house during the examination of any of the witnes-
ses, as he did not see him go out of the door, but saw him leave
the bench. A difficulty arose between the counsel,in the examina-
tion of witness^*, the difficulty vVas adjusted by the counsel. The
Judge being absent and fhe cause progressed. Witness states that
the Judge was absent during the latter part of the trial and while
the counsel were arguing, more than half an hour. He once saw
the Judge 10 or 15 teet from the court house doofduring this trial
—The Solicitor at onetime, stated that they had no court and
could not proceed: Johnson replied that they could do as well
without the Judge as with him.
Gabriel Fowlkes—says be don't recollect of the Judge being
absent but once during the trial of Garrett—He was sent
for the Judge at that lime, and found him either at the show or in
the court yard and not certain which.
Henry Nixon—states that the Judge was off the bench in the
progress of the trial, but does not know whether he was out of the
court house. He was off the bench during the argument of coun-
sel and the examination of witnesses, but does not know whether
he was out of the court house—In the progress of the trial wit-
ness had to send for the Judge, and bis was when witness was
making his argument and he recollects that lie was out of the
court house then. Believes be saw him talking with Judge Green
at the Tavern 60 or 70 yards from the court house before he
charged the jury.
Nicholas T. Perkins—states that he defended Garrett. The
Judge was absent a fen minutes at a time, two or three times
during the trial—The prosecution was frivolous and witness di,d
not think, that the Judge did any wrong in absenting himself from
the bench in that trial—Witnes states that Haskell frequently left
the bench at that court during the progress of trials. The evi-
dence introduced by respondent is of a negative character—Doct.
Walker was present at this trial and does not recollect to have seen
456
the Judge off the bench but one time and that but a few minutes.
This specification I believe to be fully proved and find him guil-
ty as therein charged.
The fifth specification alleges the sa ne offences against the
respondent on the trial of Ausemus S. Alerritt, for negro steal-
ing, at the September Term of the Circuiteourt for Dickson coun-
ty, 182S.
Cave Johnson—states that the Judge was absent and out of the
the court house perhaps an hour, and he believes that this was in
the selecting and empannelling the jury totry Merritt. He was se-
venty or eighty yards from the court house, in conversation with
some gentlemen. While the Judge was absent some difficulty a-
rose between the counsel, with regard to empanelling the Jury,
as witness believes; some sparring took place between the Judge
and witness, with regard to his absence, the Judge insisting that
he had a right to sit in any part of the court house he saw proper.
The judges habits for leaving the bench, was llie subject of gen-
eral remark.
Nathaniel H. Allen was engaged as counsel in the trial of Mer-
ritt and the Judge was absent during the trial he thinks half an
hour. He differs with Johnson as to the time the Judge was ab-
sent, as he believes it was not in the selecting of the Jury but when
a difficulty arose between counsel as to the examination of a wit-
ness. The judge was also absent while witness was making his
argument to the jury and on a point of la w that arose in the case;
the same question had been made and argued by counsel who
had preceded him, and when the judge was on the bench. He
does not know what was going on at the moment when the judge
left the bench, nor does he know of any particular harm to any
person on account of his absence. Witness states that when tiie
judge first presided in the circuit and would leave the bench tbev
used to suspend business until he would return. After some time
the Judge directed them to continue without him when he was
about to leave the bench. They soon became accustomed to it
and then proceeded without him if he absented himself. No re-
butting evidence has been introduced as to this specification—I
find him guilty as therein charged.
On the 7th specification under the first article, the testimony
I think is contradictory a.id by no means satisfactory, and after a
careful examination of the whole of the testimony I pronounce the
accused not guilty.
Art. 1 specification 11. The charges laid in this specification
are more fully and completely proved, in my opinion, than in any
specification under this article. !
Henry Nixon states that the Judge left th^ court house about
the time that the first witness was introduced and remained away
until the close of the argument. At the close ot the argument the
437
Judge came into the court house, and the witness told hlai that
the jury were ready for the charge. The Judge, standing at the
end of the bar, gave a short general charge to the jury, which he
thought a very good charge for one who had not heard the testimO'
ny. Witness-was of counsel for* the plaintitF Thompson, and a
verdict was rendered in his favor at this trial. On the next day as
be was informed, a new trial was granted by the Judge, but on
what grounds the witness does not know. At a subsequent term
Thompson lost the cause; ii'i the trial of this case of Thompson
against Sloan, a difficulty arose between the counsel employed as
to the admissibility of testimony; the question was referred to Aus-
tin Miller, the Judge being absent, who gave a decision and the
cause progressed.
Austin Miller is the attorney to whom the question'referred to
in Nixon's testimony was submitted. He gave a decision on the
point, and the cause progressed in the Judge's absence; the tes-
timony of this witness corroborates and confirms the testimony of
Nixon in all material points. A new trial was granted by the
Judge on the next day after Nixon, one of the counsel, had left the
court.
There is no testimony introduced by the Respondent to rebut,
contradict or explain the testimony given by Nixon and Miller on
this specification. I believe the charge fully sustained by the
proof, and find Yiim guilty on this specification.
The 4th 6th 8th 9th and 10th specifications under this article
are withdrawn by the managers, and the first specification under
the second article.
The second specification under the second article I believe is
not proved, and I find him not guilty as in said article and specifi-
cation he is charged.
It is proved by several witnesses, both on behalf of the State
and the Respondent, that the Judge was in the habit of leaving
the bench and court house in the progress of trials that were had
before him, both in the examination of witnesses and the argu-
ment of counsel.
It was also proved by several witnesses that the Respondent
was of good general character, prompt in the despatch of his bu-
siness, and generally correct and satisfactory in his decisions.
Upon the foregoing testimony the question arises—is the Res-
pondent guilty of a misdemeanor in office according to the consti-
tution and laws of this State.
The constitution of Ter^nesse, Art. 4, sec, 4 says:
"The Governor, and all civil officers under the State shall be
liable to impeachment for any misdemeanor in office: but judg-
ment in such cases shall not extend further than to removal from
office and disqualification to hold any office of honor trust or prof-
it under this State."
Fff
438
The language here used is worthy of special notice.—Any mis-
demeanor in office.—The lowest and least misdemeanor in office;
subjects the offender to impeachment and removal.—What was
the object of the framers of the constitution in the adoption of this
article? Answer that "It was to provide a speedy, plain and effect-
ual plan for the people of Tennessee to arraign and punish any
misbehaviour or misdemeanor in the official conduct of their civil
officers. The framers of our constitution did mean that misde-
meanors should be sealed, and their degree of turpitude or their
probable tendency to do personal mischief should be the criterion
by which the liability to impeachment of their officers should be
determined. If the facts charged amount to a misbehaviour or a
misdemeanor in office, it is sufficient to sustain an impeachment.
Under this view of the constitution, it becomes necessary to en-
quire what are the duties of a Circuit Judge in this State—the
constitution of the State does not pretend to define the duties of a
circuit Judge in detail; in vain will we look into the constitution
to learn whether a Judge is allowed or forbidden to leavethe bench
and court house during the progress of a trial before him. We
musi learn his duty by reference to some other rule of conduct.
It is somewhat strange that so little is found in the Statutes of the
State prescribing the duty of a circuit Judge in the trial of causes
that may be brought before him. The only act which has been pro-
duced by the counsel being the act of 1S17, chap. 83. sec. 9; this
section is in the following words: Be it enacted that theJudges of the
Supreme and Circuit Court shall sit, hear and determine all caus-
es that may come before them, unless the party or parties litigant
are related to said Judges either by the ties of affinity or consan*
guinity, or where said Judges may be employed as counsel in said
causes, and have actually received the fee for the same.
We are told, that we have not a rule of conduct laid down in the
above recited act, for the Circuit Judges of this State, because it
is said, that this is a special law creating a special court for the
trial of particular causes therein named, and is not intended for a
general law, prescribing a general rule for the Circuit Judges in
this State."
Let us examine this act and see what is the proper construction
to be given to the section above quoted.
The first section of this act provides for the removal of such
equity causes from the Circuit to the Superior courts as the Judges
of the Circuit Courts are not competent to try.
The second section gives the Judges of the Superior courts ju-
risdiction, and requires them to try said causes.
The third section enacts that "whenever all the Judges who may
be directed bylaw to hold any circuit court in this State, shall be
incompetent to sit on the trial of any cause at law depending in
such Circuit Court—it shall be the duty of said Judges to notify
459
the Governor and furnish him with a list of such causes, and if
said causes or any of them shall be depending in East Tennessee,
it shall be the duty of the Governor to require some other Circuit
Judge to hold a special Term of the Circuit Court for the county of
Knox, and a similar provision is made for the trials of causes at
Nashville.
The 4th section directs clerks to make out and transmit copies
of records, &c.
The fifth section directs the manner of summoning jurors to
these special courts. The 6th section authorizes the Judges to
adjourn the special courts to another time, &c. The 7th section^
provides for challenges of jurors. The 8th section gives an ap-
peal from the decision of the special court to the superior court.
And then comes the 9th section as above quoted. Now I would
ask what is the meaning of this Statute? What does it provide
for? Not that the Governor should appoint special Judges, be-
cause in the 3d section the Governor is directed to require some
other circuit Judge, &c. The Legislature were making provis-
ions in this act for the trial of certain causes which the Judges of
the several circuits where they were pending, were incompetent)
to try. The Legislature in this act, are directing how such causes
if they be chancery causes, should be transmitted to the superior
court for trial. If they be law causes, how they should be trans*
mitted to Kooxville and Nashville to be tried in the special courts
which should be held at those plaoae when the Governor should
require, by some of the circuit Judges of the State. The Legisla-
ture are speaking to Judges already in being—those who had been
regularly and constitutionally elected Judges and then in office.
The language is general, and each and every Judge in the State is
subject to perform the duties required in this act, should the Gov-
ernor require him.
In the second section of this act, the Judges of the superior
court are required "to procded to hear aud determine" such equi*
tv causes as might be referred to them, as directed iri the firstsec-
tion. In the third section the Judges who maybe required by the
Governor to hold a special term of the circuit court in pursuance
of this act, are required "to attend accordingly and proceed to try
and determine the causes." And in the sixth section which au-
thorises the Judges to continue said special term from time to time,
&c. it is made his duty "to attend and proceed to the trial and de-
termination of said causes."
Here then the law for the trial of particular causes by these
special courts is complete without the ninth section of this act.
The places of holding courts"are pointed out; the kind of causes
they are to try; the manner in which these causes are to be brought
before them; and they are directed and required to "hear, try and
determine" said causes.
4iO
Now let roe ask, wherefore enact the 9th section of this act if
that section relates only to the Judges in holding these special terms
for the trial of particular causes? The law was perfect for that
purpose without the 9th'section, and the same requirements con-
tained in that section arc contained in three of the former sections
of the act directing the duty of the Judges in holding the special
terms. Are we to suppose the Legislature passed this section just
lor the sake of repetition? .Surely not. To whom were the Le-
gislature speaking in the 9th section? Most certainly to all the
superior and circuit Judges in the State, prescribing a rule to gov-
ern their official conduct, not in the trial of causes at the special
terms as that rule had been clearly laid down in former parts of
the act, but in the trial of all the causes in all the courts in the
State.
But there is an additional, and to my mind a conclusive argument
proving that the 9ih section is, and was designed to be, a general
law. The Legislature in this section are creating, for the first
time, an additional disqualification, to those mentioned in the con-
stitution, to circuit Judges hearing and determining causes. The
constitution had provided that no Judge shall sit on the trial ofi
any cause where the parties shall he connected with him by af-
fioity or consanguinity, or where they may be interested in the
event of the cause. The Legislature had, before the passage of
this section, enacted an additional disqualification asto the Judges
of the superior court, to vvitmhetr having been employed as coun-
sel in the cause. In this section of tlie act, the Legislature ex-
tends their disqualification to circuit Judges. In the first and third
sections of this act, provision is made wherever the circuit Judges
are incompetent by law to hear and determine the causes before
them, they shall transfer them to tlie superior court if they be
equity causes, and if they be law causes to Knoxville and Nash-
ville to be tried at the special terms provided for. Here all the
circuit Judges of the State are required to do a particular duty.
What is that duty? It is to transfer all causes that they are not
competent to try to certain courts for trial. By what rule are
they to determine what causes they are not competent to try ? They
know the disqualificatioes made by the constitution, but the Le-
gislature determined to disqualify them to try causes in which they
had been employed as counsel, and when the circuit Judges meet
to hold their dourts, they are to examine and transfer from their
dockets all causes in which they have been employed and paid.
Can it be supposed for a moment that the State of Tennessee would
say to her circuit.Judges, "when you hold a special court as di-
rected by this act. you shall not try causes in which you had been
employed and paid, but when you hold the regular courts in your
own circuit you may try such causes? Has the Legislature in
this act said to the citizens of the Slate—"When you may have a
441
cause that is transmitted to the special court held at Knoxville
and Nashville for trial, you shall have a Judge to try it who shall
be free from any bias from having been employed in the cause, and
we will require him to sit, hear and determine your cause, but
when you may have a cause pending and to be tried in the reg-
ular court, and by this very same Judge, he may try it although
he had been employed and paid by your adversary, and in the trial
of that cause we will not require him to sit, hear and determine it.
To give the construction to this act contended for by the Res-
pon dent's counsel, to wit; that it does not apply to the Circuit
Judges, except when they may be engaged *n holding Special
Courts as directed in said act, would be to involve the Legisla-
ture in negligence, absurdity, folly, partiality and crime.
This never fehould be done, and particularly when a different
construction can be given which is consistent, just, and sensible.
I am very well convinced in my own mind that the 9th section of
the act of 1817, chapter 82 is a general law laying down a rule
which is to govern the official conduct of all the Supreme and
Circuit Judges of this State, in all the Courts which they may be
directed to hold.
It was admitted by counsel on both sides of this trial, and
very correctly admitted, that if there was a breach of any known
prescribed law, the Respondent would be guilty, no matter what
were his moiiv*a% or -wk«thf>r any individual injury resulted. If an
individual fail to comply with the rules lam a uwra ir» a-plain pre-
scribed law he is liable to be punished as the constitution and laws
may direct, and the law does not admit of an investigation into his
motives in doing the act or of the individual injury that may have
resulted from the act, with a view to determine whether he be
guilty. If the motive should be good and no personal injury done,
still, there is a violation of a posiiive law—motive or injury, or
the absence of either cannot repeal a Statute.
The evidence heard on this trial proved that the Respondent
left the bench and court house while causes were on trial before
him. In some instances he directed the counsel to proceed with the
trialin his absence. At different times he continued absent for a
considerable length of time, while witnesses were examining, and
counsel arguing in causes that were on trial before him. I would
ask is such conduct proper in an officer who is sitting in judg-
ment on the lives and liberties of our citizens? Is it consistent
with his duty as prescribed in the act above alluded to? I think
it is not, and therefore find him guilty on the first articles as before
stated.
Were there no such statute in our statute book as this act of
1817, yetl believe a rule could be found in the common law, in the
nature and character of the office of a circuit Judge,which pro-
bibits such conduct in a Judge & subjects him to an impeachment
442
for a misdemeanor in office. It is not necessary to quote authorities
in support of this position. Many might be and were quoted in
argument, on this point, but being well satisfied on the first point
I will say nothing more on this.
It is due to the accused to say in conclusion, that as no corrup-
tion was alleged against hiin in the articles of impeachment, nei-
ther has any corruption been proved on him in the whole course
of the examination.
ROBT. M. ANDERSON.
The undersigned,1 members of the court of Impeachment, con-
cur in the above opinion delivered by Mr. Anderson, one of the
members of the court, as to the (acts and law stated in said opin-
ion; and we feel it due to ourselves to state, that the evidence as
recapitulated by Mr. Anderson, as given on each specification,
corresponds with the evidence as understood and taken by each
and every one of us during the examination of witnesses.
JAS. I. GREENE,
H. FREY,
D. BURFORD,
WM. H. FIELD,
A. McCLELLAN,
LUCIUS J. POLK.
Senate Chamber, )
Nashville, net., i, leoi. 5
I concur with Mr. Anderson, in opinion on the questions of
of law in the cause—the State vs. Joshua Haskell, Judge of the
8th Judicial circuit, and in all the specifications on the first and
second articles—except the third specification on the first arti-
cle;on which specification, from my notes I was led to doubt and
voted in the negative.
J. M. BRABSON.