The Speaker laid before the House the proceedings in a suit in equity in Franklin Circuit Court, between Sarah M. Bracken and James A. Bracken, for a divorce. Ordered, That the same be referred to the committee on divorce and alimony.
The Speaker laid before the House the report of John D. Terrell, who was appointed to examine the Buttahache river, from the point at which the military road crosses it, to the State line. Ordered, That the said report be referred to the committee on inland navigation.
Mr. Armstrong from the military committee to whom was referred the committee of His Excellency the Governor, in relation to the militia laws of this State, reported, that they have had the first subject referred to in his message under consideration, previously to the reception of that communication, and were of opinion, that there was no necessity for any alteration in the existing laws for detailing courts martial, for the trial of contested elections. Your committee cannot believe, that the officers detained for that purpose could so far forget the duty they owed themselves, as honorable men independently of the solemn oath which they are compelled to take, as to permit their prejudices to give an improper bias to their deliberation. This objec-
tion, if it can be viewed as one at all, is not sufficient to counterbalance another, which would most assuredly arise, if the officers were to be detailed from another division. --- The distance of their places of residence from the place where the court martial might assembly, would be so great as to impose an unnecessary burthen of duty on the officers to attend those courts, particularly so, when it is recollected, that no compensation is allowed for such services. They therefore recommend, that the present law should not be altered. His Excellency urges in his message as an argument in favour of an alteration of the existing laws, that should any illegality or other proper cause, render a new court necessary, it would be impossible to detail another court martial of officers of high rank. The case supposed by His Excellency could never happen, because the Executive himself is the officer whose duty it is to detail, through his organ, the adjutant general, the court martial; and it is not to be presumed, that he would detail a court illegally, and then make that illegality of detail a reason for setting the proceedings of the court aside; neither is it believed by your committee, that any other cause can happen, as His Excellency supposes, why the proceedings of the court martial should be set aside; because no clause of the militia law of this State gives the Executive the power to control or revise the proceedings of the court martial in any manner whatsoever.
As respects so much of His Excellency's message as relates to the secrecy imposed on officers composing general courts martial, your committee believe that secrecy in certain parts of those courts in necessary to the order and good government of the same.
The position which His Excellency lays down, that the 38th section of the militia law, passed in December 1821, subjecting the militia of this State, to the government of the rules and articles of war, for the armies of the United States, when called into service, is not applicable to courts martial assemble for the trial of contested elections; if it was, the officers composing it would be entitled to the same pay and emoluments as are allowed to the officers of the United States' army.
In regard to that part of His Excellency's communication, which recommends an annual review of all the regiments in the State, by the adjutant general, your committee are of opinion, that although such a course might ensure a more
uniform system, of discipline, and a better organization of the militia, yet as the salary of that officer would necessarily have to be raised to a considerable sum, we deem it inexpedient at this time, under the embarrassed state of our finances, to incur the additional expense.
Ordered, That the House concur in said report.
Mr. Williams from the committee of ways and means, obtained leave to introduce a bill to be entitled an act to make appropriations for the year 1822; which was read a first time, and Ordered to be read a second time tomorrow.
The House took into consideration the bill to be entitled an act to apportion Representatives among the several counties of this State, and to divide the same into Senatorial districts, according to the late census; which was read a third time and passed.
Mr. Moore moved, that the title be amended by adding after the word "census," the following: "at a ratio of seventeen hundred and thirty, for the representative branch;" which was carried. Ordered, that the words "a bill to be entitled" be stricken out. Ordered, that the same be sent to the Senate for their concurrence.
A bill to be entitled an act to form a sixth judicial circuit, and for other purposes therein named, was read a third time, amended, and passed. Ordered, that the title be as aforesaid. Ordered, that the same be sent to the Senate for their concurrence.
A message was received from the Senate by Mr. Lyon their secretary, informing this House, that they disagree to so much of the sixth additional section proposed by this House as an amendment to the bill entitled an act to establish certain election precincts therein named, and for other purposes, an establishes an additional election precinct at the house of George Roberts, in Blount county.
Also, that they had read a third time and passed, an act authorizing Abraham Skidmore and others, to sell certain real estate; in which they desire the concurrence of this House. Ordered, that the house concur in the disagreement of the Senate to the bill to be entitled an act to establish certain election precincts therein named.
The House then took up the bill to be e tilted an act to raise a revenue for the support of government for the year 1822, --- the blanks being under consideration. The question being put of filling the blank in relation to billiard ta-
bles, in the third section, where it occurs in this line: ---
"for every billiard table kept for play, dollars;" with "one thousand."
The ayes and nays being called for, it was decided in the negative. Ayers 8, nays 44.
Those who voted in the affirmative, are.
Messrs. Clay, Duckworth, Murrell, Morton, Martin, Skinner, Tagert, Williamson.
Those who voted in the negative are,
Mr. Speaker, Allen, Anderson, Armstrong, Ayers, Bagby, Barclay, Bene, Brown, Carr, Crenshaw, Craig, Dabney, Davis, Edmondson, Evans, Elmore, Fitzpatrick, Fleming, Greening, Graham, Hardwicke, Holderness, Hopkins, Jones, Kennedy, King, Leake, Montgomery, Magoffin, Masterson, Miller, Moore, McHenry, Norwood, Pickett, Philpott, Perry, Parham, Smith, Thompson, Vining, Weedon, Williams.
Mr. Moore moved to fill the said blank with "two hundred; which was lost. The blank was then filled with "one hundred dollars."
Mr. Davis, moved to reconsider the voted on filling the blank in the third section, in relation to billiard tables, where it occurs in this line:" for every billiard table kept for play, dollars," with "one hundred;" which was decided in the negative.
The question being taken on filling the blank in the 4th section, where it occurs in this manner; "on every retailers of spirituous liquors in the country, or on the road or highways, without keeping accommodations for man and beast, dollars;" with "ten." It was decided in the negative. Ayes 19, nays 34.
The yeas and nays being called for, those who voted in the affirmative are,
Messrs. Bagby, Crenshaw, Davis, Evans, Elmore, Greening, Holderness, Montgomery, Magoffin, Murrell, Moore, Martin, Norwood, Powell, Perry, Parham, Smith, Thompson, Williams.
Those who voted in the negative are,
Mr. Speaker, Allen, Anderson, Armstrong, Ayers, Barclay, Beene, Brown, Carr, Clay, Craig, Dabney, Duckworth, Edmondson, Fitzpatrick, Fleming, Graham, Hardwicke, Hopkins, Jones, Kennedy, King, Leake, Masterson, Miller, Morton, McHenry, Pickett, Philpott, Skinner, Tagert, Vining, Weedon, Williamson.
Mr. Armstrong offered the following amendment, by way of rider:
And be it further enacted, that Samuel Dale and his associates, be, and the same are hereby exonerated and discharged from all liability, for the sum of two hundred and ninety-nine dollars, and four and one fourth cents, being the balance due by the said Samuel Dale, as collector of taxes
for Monroe county for the year one thousand eight hundred and seventeen; which was adopted.
Mr. Tagert offered the following amendment, by way of rider:
"Provided, that the gross amount of compensation to the member or members of the legislature from any county, shall not exceed the amount of the taxes assessed in such county." which was decided in the negative --- yeas 3. nays 48.
The ayes and nays being called for, those who voted in the affirmative, are
Messrs. Moore, Tagert, Weedon, --- 3.
Those who voted in the negative, are
Mr. Speaker, Allen, Anderson, Ayers, Bagby, Barclay, Beene, Brown, Carr, Clay, Crenshaw, Crag, Dabney, Davis, Duckworth, Edmondson, Evans, Elmore, Fitzpatrick, Fleming, Greening, Graham, Hardwicke, Holderness, Hopkins, Jones, Kennedy, King, Magoffin, Murrell, Masterson, Miller, Morton, Martin, McHenry, Norwood, Pickett, Powell, Philpott, Perry, Parham, Skinner, Smith, Thompson, Vining, Williams, Williamson --- 48.
The House then adjourned.