Friday, December 26.

A message from the Senate, by Mr. Lyon, their secretary:

Mr. Speaker-- The Senate have passed a bill, originating in your House, entitled an act to repeal in part and amend an act, declaring certain roads therein named public roads until otherwise provided by law, passed Dec. 24, 1822.

They concur in the amendment made by your honorable body to the bill, entitled an act to authorize Rebecca Fletcher to emancipate a certain sale therein named.

They have passed bill, originating in your House, of the following titles, to wit;

An act divorcing Drury Connally for from his wife Nancy Connally.

An act divorcing Robert Blassingam from Elizabeth Blassingam;

An act divorcing Jane Kelly from her husband James Kelly;

And then he withdrew.

On motion of Mr. Smith, Resolved, That this House will receive no new business during the remainder of the session.


163

Mr. Perkins, from the select committee, to whom was referred the communication of the Governor accompanying certain resolutions of the legislature of Tennessee, disapproving a congressional caucus nomination of a candidate for the presidency, reported a preamble and resolutions.

Mr. Jones moved that said report lie on the table till the first of March next; which was carried--Yeas 40, Nays 11.

The yeas & nays being called for those who voted in the affirmative, are,

Mr. Speaker

Fields

Lanier

Manly

Salter

Adair

Fitts

McLemore

Martin

Shotwell

Beck

Fleming

McVay

Miller

Sargent

Brown

Goodhue

Moore of Mad.

Phillips

Skinner

Barclay

Hallett

Moore of J.

Philpott

Tindall

Crenshaw

Hill of T.

Moore of mar.

Powell

Vining

Creagh

Jones

Mardis

Peyton

Whitaker

Dale

Lister

Mead

Pickett

Young-40

Those who voted in the negative, are:

Mr. Dennis

Hill of B.

McLaughlin

Smith

Fluker

Haines

Perkins

Weissinger-11

Harvey

Merriwether

Sims

Mr. Martin, from the select committee, to whom was referred a bill, to be entitled an act regulating appeals in criminal cases, reported said bill with amendments, in which the House concurred.

Mr. Moore, of Marion, moved that the further consideration of said bill be indefinitely postponed; which was carried.

Yeas 37.       Nays 15.

The yeas & nays being called for, those who voted in the affirmative, are:

Mr. Adair

Fluker

Lanier

 Phillips

Sims

Ashley

Fleming

Merriwether

 Philpott

Shotwell

Beck

Goodhue

McLemore

 Powell

Sargent

Brown

Harvey

Moore of Mad.

 Peyton

Skinner

Barclay

Hill of T.

Moore of Mar.

Pickett

Vining

Dennis

Hill of B.

Manly

 Perkins

Whitaker

Fields

Haines

Miller

 Salter

Weissinger-37

Fitts

Lister
 

Those who voted in the negative, are:

Mr. Speaker

Dale

McVay

Mead

Smith

Crenshaw

Hallett

Moore of J.

McLaughlin

Tindall

Creagh

Jones

Mardis

Martin

Young-15

Mr. Phillips obtained leave to introduce a resolution directing the Governor to commission the several persons elected as members of the medical boards; which was read a first time, and the rule being suspended, it was read a second and third time forthwith, and passed.

Ordered, That the clerk acquaint the Senate therewith.

Mr. Pickett, from the select committee, to whom was referred a bill, to be entitled an act to repeal the fifth section of an act, entitled an act amendatory of the laws now in force for the relief of insolvent debtors, passed June 16th, 1821, reported the same with amendments, in which the House concurred.

Ordered, That said bill be engrossed, and be read a third time to-morrow.

A bill from the Senate, entitled an act to authorize the administrators of Isaac Edwards, deceased, to comply with the contracts made by their intestate respecting his real estate, was read a second time, and the rule being suspended, it was read a third time & passed.

Ordered, That the clerk acquaint the Senate therewith.

A message was received from the Senate, by Mr. Lyon, their secretary:


164

Mr. Speaker-- The Senate have passed a bill originating in your house, entitled an act to repeal part of an act, entitled an act to appoint commissioners for the counties of Covington and Pike, and have amended the same; in which they desire your concurrence.

They have also adopted the following resolution: Whereas Thomas H. Wiley, who was declared duly and constitutionally elected a commissioner of loans from reference to the journal of the proceedings of the Senate, had not a constitutional majority; therefore, Resolved, That with the consent of the House of Representatives, the Senate will meet in the Representatives Hall to-morrow evening, at 7 o'clock, to elect a commissioner to act with the Governor in obtaining a loan for the bank; and a judge of the county court of Walker county.

They have passed a bill, which originate in their House, entitled an act to declare Bassett's Creek in Clarke county a public highway; in all of which they desire your concurrence. And then he withdrew.

Ordered, That this House concur in said amendment to the first mentioned bill in said message, and also in said resolution.

Mr. Adair, from the select committee, to whom was referred a bill, entitled an act to amend the laws now in force in this state for the punishment of the crime of horse stealing, reported said bill with sundry amendments, in which the House concurred.

Ordered, That said bill engrossed for a third reading to-morrow.

A bill from the Senate, entitled an act to declare Bassett's Creek in Clarke county a public highway, was read a first time, and ordered to be read a second time to-morrow.

The speaker laid before the House a report of the comptroller made in pursuance of a resolution of this House directing him to lay before this House a statement of the annual expenditures of the government, and the amount of revenue received into the treasury for each year, commencing with the territorial government, and including the present year.

Ordered, That one hundred copies of said report be printed for the use of this House.

Engrossed bills of the following titles, to wit:

An act to authorize the Governor to direct a suit against the Huntsville Bank;

An act to amend an act, entitled an act to appoint commissioners to lay out certain roads therein specified, and for other purposes;

An act to incorporate Flint River Navigation Company, in Morgan county;

An act requiring security for costs in any suit at law or in chancery;

An act to prevent abuses in granting letters of administration on the estates of deceased persons;

An act to authorize Young A. Gray to convey certain real estate therein mentioned.

An act to establish certain election precincts therein named; were severally read a third time and passed.

Ordered, That the titles be as aforesaid.

Ordered, That the clerk acquaint the Senate therewith.

A bill from the Senate, entitled an act to repeal so much of an act, passed on the 15th day of December, 1821, as allows Samuel Dale, for life, the half pay of a colonel in the army of the U. States, was read a third time and passed.

Ordered, That the clerk acquaint the Senate therewith.

And then the House adjourned till this evening, half past two o'clock.


165

Evening half past 2 o'clock.

An engrossed bill, entitled an act to allow the administrators of Aaron Murphy, deceased, to convey a certificate therein mentioned, was read a third time and passed.

Ordered, That the title be as aforesaid.

Ordered, That the clerk inform the Senate thereof.

A bill, entitled an act authorizing Claiborne Wright and his associates to open a channel in a certain part of the Tennessee river, was read a third time, and laid on the table.

A message from the Senate by Mr. Lyon, their secretary;

Mr. Speaker-- The Senate have rejected a bill, entitled an act to alter and amend an act to provide for assessing and collecting the taxes of this state, passed December 17, 1821, which originated in your House.

They have passed a resolution, which originated in your House, entitled a resolution directing the Governor to commission the several persons elected members of the medical boards.

They have passed bills which originated in their House, entitled.

An act to enable the mayor and aldermen of the city of Mobile to pass quarantine laws;

An act to authorize the stockholders of the Tombeckbe Bank to remove the same: in both of which they desire your concurrence.

And then he withdrew.

Mr. Jackson moved, that this House do now take up a bill, entitled an act to regulate the commissions of assessors and tax collectors; which was carried.

The said bill was then read a second time, and ordered to be engrossed for a third reading to-morrow.

An engrossed bill, entitled an act to revise and amend an act, entitled an act to revise, consolidate and amend the several acts in relation to the militia of this state, was read a third time.

Mr. Fleming moved that the further consideration of said bill be postponed till the first day of March next; which was lost.

Yeas 7         Nays 46.

The yeas & nays being called for, those who voted in the affirmative are:

Mr. Adair

Dale

McLemore

Peyton-7

Barclay

Fleming

Moore, of Mar.

Those who voted in the negative, are:

Mr. Speaker

Goodhue

Merriwether

Phillips

Smith

Ashley

Hallett

McVay

Philpott

Tindall

Beck

Harvey

Moore of Mad.

Powell

Vining

Brown

Hill of T.

Moore of J.

Pickett

Whitaker

Crenshaw

Hill of Bibb

Mardis

Perkins

Weissinger

Creagh

Harrison

Mead

Salter

Young-45

Dennis

Jackson

McLaughlin

Sims

Fields

Jones

Manly

Shotwell
 

Fitts

Lister

Martin

Sargent
 

Fluker

Lanier

Miller

Skinner
 

Mr. Adair moved the following amendment, by way of rider: "And be it further enacted, that from and after the passage of this act no freeman of this state shall be fined for not parading at any muster authorized by this law, provided he answers to his name when called or if any person present will vouch for his being still in the bounds of his proper company, battalion or regiment, as the case may be;" which was rejected--Yeas 8, Nays 45.

The yeas and nays thereon being called for, those who voted in the affirmative are:

Mr. Adair

Fitts

Moore of Mar

Martin

Barclay

Hallett

Mead

Peyton-8


166

Those who voted in the negative, are:

Mr. Speaker

Fluker

Lister

Manley

Shotwell

Ashley

Goodhue

Lanier

Miller

Sargent

Beck

Harvey

Merriwether

Phillips

Skinner

Brown

Hill, of T.

McLemore

Philpott

Smith

Crenshaw

Hill, of B.

McVay

Powell

Tindall

Creagh

Harrison

Moore, of Mad.

Pickett

Vining

Dale

Jackson

Moore of J.

Perkins

Whitaker

Dennis

Jones

Mardis

Salter

Weissinger

Fields

King

McLaughlin

Sims

Young-45

The bill was then passed.

Ordered, That the title be as aforesaid.

Ordered, That the clerk acquaint the Senate therewith.

A communication was received from the Governor, by Mr. Pleasants, secretary of state, notifying this House that the Governor did, on this day approve and sign,

An act to provide for the choosing elections of President and Vice President of the United States;

An act to divorce Margaret Toney from her husband, Charles Toney;

An act to divorce Mary H. Judge from her husband, Wm. Judge;

An act to divorce Sarah Ann Newman from her husband, Francis Newman; and

An act to divorce Tempy Williams from her husband, George Williams; all of which originated in the House of Representatives,

And then he withdrew.

Mr. Fitts, from the joint committee on enrolled bills, Reported that the committee had examined and found correctly enrolled a bill, entitled an act to establish a certain county therein named:

An engrossed bill, entitled an act to amend the laws regulating judicial proceedings, was read the third time and rejected.

Yeas 9.       Nays 43.

The yeas and nays being required thereon, those who voted in the affirmative, are:

Mr. Speaker

Creagh

Moore of J.

Mead

Young-9

Ashley

McVay

Mardis

Martin

Those who voted in the negative, are:

Mr. Adair

Fluker

Jones

Miller

Sargent

Beck

Fleming

King

Phillips

Skinner

Brown

Goodhue

Lister

Philpott

Smith

Barclay

Hallett

Lanier

Powell

Tindall

Crenshaw

Harvey

Merriwether

Peyton

Vining

Dale

Hill, of T.

Moore of Mad.

Perkins

Whitaker

Dennis

Hill of Bibb

Moore of Mar.

Salter

Weissinger-43

Fields

Harrison

McLaughlin

Sims

Fitts

Jackson

Manly

Shotwell
 

An engrossed bill, entitled an act to authorize Claiborne Wright and his associates to open a channel in a certain part of the Tennessee River; was read a third time and passed--Yeas 42, Nays 11.

The yeas and nays being required thereon, those who voted in the affirmative, are:

Mr. Speaker

Fields

McLemore

Powell

Tindall

Adair

Fluker

Moore of Mad.

Peyton

Vining

Ashley

Fleming

Moore of J.

Pickett

Whitaker

Beck

Hallett

Moore of Mar.

Perkins

Sims

Brown

Harvey

Mardis

Salter

Young

Barclay

Hill, of T.

Mead

Shotwell

Weissinger-42

Crenshaw

King

McLaughlin

Sargent

Dale

Lister

Martin

Skinner
 

Dennis

Lanier

Phillips

Smith
 


167

Those who voted in the negative, are:

Mr. Barclay

Harrison

Merriwether

Miller

Fitts

Jackson

McVay

Philpott-11

Goodhue

Jones

Manly

Ordered, That the title be as aforesaid.

Ordered, That the clerk inform the Senate thereof.

A message from the Senate by Mr. Lyon, their secretary: Mr. Speaker, The Senate have passed bills, which originated in your house, of the following titles, to wit: An act to establish certain election precincts therein named; An act to amend an act, entitled an act to appoint commissioners, to lay out certain roads therein specified, and for other purposes.

They disagree to the amendments made by your honorable body to the bill, entitled an act to repeal so much of an act passed on the 15th day of December, 1821, as allows Samuel Dale for life the half pay of a colonel in the army of the United States. And then he withdrew.

A bill from the Senate, entitled an act to authorize the mayor and aldermen of the city of Mobile, to pass quarantine laws; was read a first time. And the rule being suspended, it was read a second and third time and passed.

Ordered, That the clerk acquaint the Senate therewith.

A bill from the Senate, entitled an act to authorize the stockholders of the Tombeckbe Bank, to remove the same; was read a first time: and the rule being suspended, it was read a 2d and 3d time & passed. Ordered, That the clerk inform the Senate thereof.

A message from the Senate by Mr. Lyon, their secretary;

Mr. Speaker, the Senate have passed a bill, which originated in their House, entitled an act for the relief of the tax collectors of certain counties therein named; in which they desire your concurrence.

They have passed a bill, which originated in your House, entitled an act to authorize the administrators of Walter Otey, deceased, to sell certain real estate. And then he withdrew.

Mr. Adair moved that the bill, entitled an act to repeal so much of an act, passed on the 15th day of Dec'r 1821, as allows Samuel Dale for life, the half pay of a colonel in the army of the United States, lie on the table; which was lost- Yeas 25, Nays 27.

The yeas & nays being called for, those who voted in the affirmative, are:

Mr. Speaker

Crenshaw

Harvey

Lanier

Martin

Adair

Creagh

Hill, of T.

McLemore

Phillips

Ashley

Dennis

Jackson

Moore of J.

Pickett

Beck

Fields

Jones

Mardis

Salter

Barclay

Hallett

Lister

Mead

Young-25

Those who voted in the negative, are:

Mr. Brown

King

Manly

Sims

Vining

Fitts

Merriwether

Miller

Shotwell

Whitaker

Fluker

McVay

Philpott

Sargent

Weissinger-27

Goodhue

Moore, of Mad

Powell

Skinner

Hill of B.

Moore, of Mar.

Peyton

Smith
 

Harrison

McLaughlin

Perkins

Tindall
 

And then the House adjourned till to-morrow morning, 10 o'clock.