Library of
Emory University
SENATE JOURNAL
OP THE
SECOND EXTRA SESSION, OF THE
THIRTY-THIRD GENERAL ASSEMBLY
OF THE
STATE OF TENNESSEE,
WHICH CONVENED AT
NASHVILLE ON THURSDAY, THE 25th DAY OF APRIL, A. D. 1861
NASHVILLE:
J. O. GRIFFITH AND COMPANY, PUBLIC PRINTERS.
1861.
SENATE JOURNAL.
THURSDAY MORNING, APRIL 25, 1861.
At a meeting of the General Assembly of the State of Ten¬
nessee, begun and held at the city of Nashville, on Thursday,
being the 25th day of April, in the year of our Lord one thousand
eight hundred and sixty-one, in pursuance of a Proclamation of
His Excellency, Isham G. Harris, bearing date the 18th day of
April, A. D. 1861, being the Third Session of the Thirty-Third
General Assembly of said State. On which day, being that
fixed by the Proclamation of the Governor for the meeting of the
General Assembly, Taz. W.Newman, of the counties of Lincoln
and Franklin, the Speaker; John McClarin of the county of Smith,
the Clerk; Franc M. Paul, of the county of Shelby, Engrossing
Clerk ; and the following members of the Senate appeared and
took their seats, viz :
From the district composed of the counties of Johnson, Carter,
Washington and Sullivan; Geo. R. McClellan.
Hawkins, Hancock and Jefferson ; Wm. M. Bradford.
Claiborne, Grainger, Anderson and Campbell.; M. Y. Nash.
Meigs, McMinn, Polk and Monroe ; James T. Lane.
Wilson and DeKalb ; Jordan Stokes.
Rutherford and Williamson; John W. Richardson.
Bedford and Marshall; James M. Johnson.
Warren, Cannon, Coffee, Grundy and Van Buren; Ed. J.
Wood.
Giles, Lawrence and Wayne ; H. W. Hunter.
Maury, Lewis, Hickman and Dickson ; Thomas McNeilly.
Davidson, John Trimble.
Robertson, Montgomery and Stewart ; Judson Horn.
Benton, Humphreys, Perry, Decatur and Henderson; James
E. Mickley.
Madison, Haywood, Lauderdale and Tipton ; R. W. Bumpass.
Henry, Weakley and Obion; B. L. Stovall.
Fayette and Shelby; Robert G. Payne.
Smith and Sumner ; James L. Thompson.
Gibson, Carroll and Dyer; V. S. Allen.
4
Rhea, Bledsoe, Bradley, Hamilton and Marion ; John A. Mmnis.
Knox and Roane ; James S. Boyd. ,
The Senate was called to order at 12 o'clock M., by the
Speaker.
Prayer by the Rev. Joseph Bardwell.
The Proclamation of the Governor convening the General
Assembly was read as follows :
PROCLAMATION BY THE GOVERNOR.
Whereas, an alarming and dangerous usurpation of power by
the President of the United States has precipitated a state of war
between the sovereign States of America:
Therefore, I, IS HAM G. HARRIS, Governor of the State of
Tennessee, by virtue of the power and authority in me vested by
the Constitution, do hereby require the Senators and Representa¬
tives of the two Houses of the General Assembly of said State,
to convene at the Capitol in Nashville, on Thursday, the 25th day
of April inst., 1861, at 12 o'clock M., to legislate upon such sub¬
jects as may then be submitted to them.
~—— . In testimony whereof, I have hereunto set my hand
L S > and caused the great seal of the State to be affixed at
—- ' the Department at Nashville, on this 18th day of April, A.
D. 1861.
By the Governor: ISHAM G. HARRIS.
J. E. R. RAY, Secretary of State.
Ordered that a message be sent to the House of Representa¬
tives informing them that the Senate had assembled, and was
ready for the.transaction of public business.
A message was received from ihe House of Representatives by
their Clerk as follows :
Mr. Speaker :
lam directed to inform the Senate that the House of Repre¬
sentatives is organized and ready for the transaction of public
business
Mr. Payne offered the following resolution, (Senate Resolution
No. I,):
Resolved by the Qfeneral Assembly of the State of Tennessee, That
a Joint Select Committee on Federal Relations be appointed, to
consist of five members on the part of the Senate and mem¬
bers on the part of the House of Representatives ; that a Joint
Select Committee on Military Affairs be in like manner appointed
to consist ol three members on the part of the Senate and <•
members on the part of the House of Representatives ; and also
that a Committee on Ways and Means be in like manner ap-
5
pointed, to consist of five members on the part of the Senate,
and members on the part of the House of Representatives.
Resolved further, That all other Standing Committees of the
regular session be continued in existence during the present ses¬
sion.
On motion of Mr. Payne, the rules were suspended and the
resolution taken up and adopted, and ordered to be engrossed and
transmitted to the House of Representatives.
A message was received from the House of Representatives
by Mr. De Wolf, their Clerk, as follows :
Mr. Speaker :
The House of Representatives has appointed the following
Committee to act in conjunction with such Committee as the Senate
may appoint, to wait upon His Excellency, the Governor, and in¬
form him that the General Assembly is organized and ready for
the transaction of public business, viz :
Messrs. Williams of Hickman, Brazelton, Lea, Davis, and Mr;
East.
The message was taken up, and the Speaker appointed Messrs.
Bumpass, Stokes, and Mr Wood on said Committee.
Mr. Newman, (Mr. Wood in the Chair,) offered the following
resolution (Senate Resolution No 2,):
Resolved by the General Assembly of the State of Tennessee,
That the Secretary of State have purchased and prepared the
flag adopted by the Confederate States, with the coat of arms of
Tennessee on the same, and it shall be placed over the Capitol of
the State.
The resolution lies over under the rule.
Mr. Bumpass from the Joint Committee to wait upon the Gov¬
ernor, reported that the duty had been performed, and that His
Excellency would communicate with the General Assemb y im¬
mediately.
On motion, the rules of the regular session were adopted for
the government of this.
A message was received from His Excellency, the Governor,
by the hands of J. E. R. Ray, Secretary of State, and read as
follows :
Executive Department,
Nashville, April 2, 1861.
Gentlemen of the Senate
and House of Representatives :
The President of the United States—elected according to the
forms of the Constitution, but upon principles openly hostile to
its provisions—having wantonly inaugurated an internecine war
6
between the people of the slave and non-slave holding States,
I have convened you again at the seat of Government, for the
purpose of enabling you to take such action as will most
likely contribute to the defence of our rights, the preserva¬
tion of our liberties, the sovereignty of the State, and the safety
of our people; all of which are now in imminent peril by the
usurpations of the authorities at Washington, and the unscru¬
pulous fanaticism which runs riot throughout the Northern
States.
The war thus inaugurated is likely to assume an import¬
ance nearly, if not equal, to the struggle of our revolutionary
fathers, in their patriotic efforts to resist the usurpations and
throw off the tyrannical yoke of the English Government; a war
the duration of which and the good or evil that must result from
it, depends entirely, in my judgment, upon the readiness with
which the citizens of the South harmonize as one people, and
the alacrity with which they respond to the demands of patriot¬
ism.
I do not think it necessary to recapitulate, at this late hour,
the long train of abuses to which the people of Tennessee, and
our sister States of the South have been subjected by the anti-
republican spirit that has for many years been manifesting
itself in that section, and which has at last declared itself our
open and avowed enemy. In the message which J addressed
to you at*your called session in January last, these things were
somewhat elaborately referred to, as constituting, in my judg¬
ment; the amplest reason for considering ourselves in imminent
danger, and as requiring such action on the part of the Legis¬
lature as would place the State in an attitude for defence,
whenever the momentous crisis should be forced upon us ; and,
also, as presenting to the North the strongest argument for
peace, and if possible, securing a reconstruction of the Union,
thus already dissolved by the most authoritative, formal? and
matured action of a portion of the slaveholding States. Minor
differences upon abstract questions—the ardent devotion of our
people to the preservation of the Union, originating with their
great loyality to the Government—and a more hopeful view of
the subject than I had been able to take, coupled with the sup¬
posed peaceful intentions of the authorities at Washington,
have resulted in leaving the State poorly prepared for the sad
realities which are now upon us.
But unfortunate as this may be, I am nevertheless encouraged
with the belief that we are at last, practically, a united people.
Whatever differences may have heretofore existed amongst us,
growing out of party divisions, as to the right of Secession as
a Constitutional remedy against Federal usurpation, all admit
the moral right asserted by otir fathers, of each and every
7
people to resist wrong, and to maintain their liberties by what¬
ever means may be necessary ; " that Governments derive their
just powers from the consent of the governed, and that when¬
ever any form of government becomes destructive of the ends
for which it was created, it is the right of the people to alter
and abolish it, and to institute a new government, laying its4
foundation on such principles, and organizing its powers in such
form as shall to them seem .most likely to effect their safety and
happiness." Standing by this common sentiment, with the
bloody and tyrannical policy of the Presidential usurper fully
before us; in the face of his hordes of armed soldiery, marching
to the xwork of Southern subjugation; the people of the proud
Commonwealth of Tennessee—true to their honor, true to the
great principles of free institutions, true to the lessons of their
fathers, and true to their brethren of the South, the subjects of a
common oppression—have united, almost with one voice, in
declaring their fixed resolve to resist the tyrant; and in pledg¬
ing their lives, their fortunes, and their sacred honor to the
maintenance of their rights, and the rights of their sister States
of the South.
It cannot be overlooked that, in assuming an attitude of this
character—forced upon us by the remarkable exigency of the
times—we are, in effect, dissolving our connection with the
Federal Union. As established by our fathers, that Union no
longer exists. However much we may have cherished it here¬
tofore, no intelligent and candid man can deny that it has ceased
to be a blessing, and has become a curse; that it is no longer
a high and sacred means of protection, but an engine of op¬
pression ; that it has ceased to be a bond of brotherhood, and
has become a hateful connection between communities at war.
It would be idle, therefore, to speak of ourselves any longer as
members of the Federal Union; and while it is believed by
many, whose opinions are entitled to the highest respect, that,
by reason of the subversion of the Constitution by the author¬
ities in power, inaugurating a revolution between the States
thereof, each and every individual is already released from his
former obligations to that government, yet, as best comporting
with the dignity of the subject, and also from a due regard to
those who may hold a different opinion-—and farther still, that
all the world may be advised of our action—I respectfully sug¬
gest that our connection with the Federal Union be formally
annulled in such manner as shall involve the highest exercise
of sovereign authority by the people of the State, and best se¬
cure that harmony, so much to be desired, in times like the
present, upon questions even of mere detail. Until this is done
many conscientious citizens may feel embarrassed in their ac¬
tion from their supposed relation to the General Government.
8
In emergencies like the present, while it is our duty to act with
due deliberation and prudence, unbiased as far as possible by
excitement or prejudice, it is nevertheless of the highest impor¬
tance that we should act with promptitude and decision.
Whatever grounds of hope may have been supposed to exist
heretofore for an adjustment of the difficulties between the two
sections of the Federal Union ; however anxious we may have
been to continue members of the same common family with
the people of the North, such hope and expectation no longer
exis in the mind of any rational man, who desires to maintain
the honor and equality of the Slate, and the inviolability of
ner peculiar institutions.
The present administration, elected upon avowed purposes
of hostility to the South—purposes which all knew then as well
as now, could not be carried into effect, without an internecine
war and a dissolution of the Union—has exerted every energy,
resorted to every strategy, and disregarded every constitutional
hairier, in order to hasten the accomplishment of the unholy
mission for which the people of the Northern section had ele¬
vated it to power. They have lost no time—they have neither
hesitated nor faltered. The lowT duplicity in which their Ad¬
ministration was inaugurated—trusting, while conceding noth¬
ing, to lull the South into a fatal security, furnishing ground
for divisions in the border slave States, while constant though
secret preparation for the work of subjugation was going on,
is now exposed and leaves us no alternative but independence
out of the Union, or subjugation in it. The dishonorable and
treacherous practices which have so far characterized the au¬
thorities at Washington, admonish us, that in the impending
struggle we are scarcely to expect the rules of honorable war¬
fare. Having its origin in a disordered moral sentiment of the
North—not finding the ordinary restraints of patriotism among
their people—deriving its power from a usurpation and perver¬
sion ot the lunctions of government—having no middle-ground
short of positive subjugation of the South, or a defeat which
exposes its disgrace to ihe civilized world—I fear the time has
passed when peace can be hoped for by the mere moral force
of a united South, without a trial of arms. Having succeeded
in contusing and dividing the border slave States, they have
had ample time for military preparations. The veil which con¬
cealed their recent movements has been thrown aside. The note
of war I as been sounded, and in the imperial proclamation, re¬
cently issued, the people of the Confederate States and all who
sympathize with them are treated as rebels, and twenty days is
allowed them to' disperse" and return to their allegiance to
the authorities at Washington. Without waiting for the expi¬
ration of the twenty days, in addition to the regular army and
9
naval forces, a militia force of seventy five thousand has been
called into the field to execute this edict, by the power of arms.
As if purposely intended to add additional insult to the people
of Tennessee, 1 have been called upon, as their Governor, to
furnish a portion of these troops. 1 have answered that de¬
mand as in my judgment became the honor of the State, and
leave the people to pass upon my action.
The Federal Union of the States, thus practically dissolved,
can never be restored ; or if ever thus restored, it must, by the
very act, cease to be a Union of free and independent States,
such as our fathers establi-hed, It will become a consolidated,
centralized Government, without liberty or equality, in which
some will reign and others serve—the few tyrannize and the
many suffer. It would be the gieatest folly to hope for the re¬
construction of a peaceful Union, upon terms of fraternity and
equality, at the end of an internecine war. There can be no
desirable Union without fraternity. And if we could not have
that, before the unholy crusade which is now being waged
against us, we cannot have it after they shall have wantonly
imbrued their unholy hands in the innocent blood of our peo¬
ple, from no worthier motive than a desire to destroy our equal¬
ity and subvert our liberties.
Therefore, I respectfully recommend the perfecting of an Or¬
dinance by the General Assembly, formally declaring the inde¬
pendence of the State of Tennessee of the Federal Union, re¬
nouncing its authority, and re assuming each and every func¬
tion belonging to a separate sovereignty ; and that said Ordi¬
nance, when it shall have been thus perfected by the Legisla¬
ture, shall, at the earliest practicable time, be submitted to a
vote of the people, to be by them adopted or rejected.
When the people of the State shall formally declare their
connection with the remaining States of the Union dissolved, it
will be a matter of the highest expediency,—I might almost
say of unavoidable political necessity—that we shall at the
same time, or as soon thereafter as may be, connect ourselves
wiih those with whom a common interest, a common sympa¬
thy, and a common destiny identify us, for weal or for woe.
That each of the Southern States, as they throw off their con¬
nection . with the Federal Government, should take an inde¬
pendent position in the contest, without that concert of action
which alone can be secured by political unity, is a proposition
which surely no one wili assent to, who anticipates the dangers
of the hour and the necessity for perfect harmony in the work
of our general defence.
Such a political Union with the people of the Confederate
States is rendered essential, by the fact, t at we have made no
provision for arming, organizing, provisioning, and embodying
10
our military forces, while the Government of the Confederate
States, foreseeing this invasion, has had an eye to the necessi¬
ties of the emergency, and stands prepared generously to lend
us its assistance in this unprovoked and cruel struggle. If we
accept that assistance, we should do it in a spirit of mutual
trust and confidence, prepared to share its burdens equally,
while we avail ourselves of its advantages. A Government
thus perfectly organized can more thoroughly command the re¬
sources and aggregate the revenues of the country than isola¬
ted States, fighting without unity, and moving without a com¬
mon and responsible head. These resources, being thus con¬
centrated, because it is natural intuition to rally round such a
Government, in such an emergency, for self-preservation and
defence, can be disbursed with more efficiency, and with less
cost to the people than when the revenues, necessary to sup¬
port the war, are scattered by divided counsels and not con¬
trolled by a common bureau. The same may be said with re¬
gard to military operations. Unity of movement, to secure
unity of purpose in attack or defence, is absolutely necessary
to success. The people of the whole South, thus united by a
firm political compact, moving under the direction of one Gov¬
ernment, and animated by the sense of common perils and by
a unanimous determination to maintain their rights, liberties,
and institutions, are invincible, and must speedily conquer an
honorable peace. The war must necessarily be protracted or
brief in proportion to the union among themselves.
I, therefore, further recommend that you perfect an ordi¬
nance, with a view to our admission as a member of the South¬
ern Confederacy, (which, it is evident, must soon embrace the
entire slaveholding States of the South,) to be submitted in like
manner, and at the same time, but separately, for adoption or
rejection by the people ; so that they may have the opportu¬
nity to approve the former and reject the latter, or adopt both,
as in their wisdom may seem most consistent with the future
welfare of the State. However fully satisfied the Executive
and Legislature may be, as to the urgent necessity for the
speedy adoption of both these propositions, it is our duty to
furnish the amplest means for a fair and full expression of the
-popular will.
In the opening of a revolution, fraught with such consequen¬
ces, and the close of which no one can foresee, it is a matter
of the highest moment that we determine, as speedily as pos¬
sible our future political relations, delaying only long enough
to reach the will and voice of the people. Under existing cir¬
cumstances, I can see no propriety for encumbering the people
of the State with the election of delegates, to do that which it
is in your power to enable them to do directly for themselves.
11
The most direct as well as the highest act of sovereignty, ac¬
cording to oar theory, is that by which the people vote, not
merely for men, but for measures submitted for their approval
or rejection. Since it is only the voice of the people that is to
be heard, there is no reason why they may not as readily 'and
effectively express themselves upon an ordinance framed and
submitted to them by the Legislature, as if submitted to them
by a Convention. The Southern States, all of whom are now
engaged in resistance to the encroachment of Abolition power,
will necessarily encounter embarrassments, arising from a
want of unity of action, until such time as they shall all be
united under a common Government.
The mode of action suggested, in addition to the advantage
of its being the speediest of all others, will be attended with
less expense to the State, which is of far greater importance
now than at any former period of our history, owing to the
general embarrassment of the people, which must continue at
least during these troubles, and to the heavy appropriations
that you will have necessarily to make to defray the expense
of onr defences.
If, however, it should be deemed advisable that a Conven¬
tion, representing the sovereignty of the people, should be
called by the General Assembly, in preference to submitting
an ordinance of independence directly to them, though I deem
the latter measure more expedient, under.the circumstances, I
am not prepared to say that harmony and unanimity will not
thus be effected. The Senators and Representatives, coming,
as they do, directly from their constituents, are the best judges
of this measure. It cannot be regarded other than a question
of detail, inasmuch as a very large majority of the people re¬
gard themselves as being forever absolved from all obedience
to a Government that has developed the coldest and most de¬
liberate purpose to inaugurate a civil and sanguinary war
among them.
I deem it proper to remark in this connection that the Con¬
stitution of the Confederate States, while it retains all that is
valuable of the Constitution of the former United States, is an
improvement in many essential points upon that instrument, as
conceded by those even who were unfriendly to the mode and
manner in which it originated.
The only additional matter to which I shall call your atten¬
tion—and first in importance—is the necessity of such legisla¬
tion as will put the State upon war footing immediately. I
will not insult your intelligence or question your patriotism so
far as to resort to argum ent to prove the necessity' of this meas¬
ure, but content myself by recommending the passage of a law
radiating the raising and thorough organization of an efficient
12
volunteer force for immediate service, in any emergency which
may arise, and a thorough and perfect organization of the
militia, so that in case of necessity the whole force of the State
can be speedily brought into action.
In my message to your extra session in January last, I laid
hefore you the report of the Keeper of Public Arms, showing
the number, character, and condition of the arms of the State,
to which I refer you for information on that subject. Since
that report was made, I have ordered and received at the arse¬
nal, fourteen hundred rifle muskets. If upon this subject fur¬
ther or more accurate information is desired, it shall be laid
before you by the report of the proper officer.
It requires no argument from me to prove the absolute ne¬
cessity of an immediate appropriation of a sum sufficient to
thoroughly arm and equip such military force as the State may
probably need in the prospective difficulties which lie before us.
In addition to which, I respectfully recommend that you ap¬
propriate a sum sufficient to provision and maintain such
force as is intended for the field, and an ample contingent mil¬
itary fund, to be subject to the order and disbursement of a
Military Board, under such restrictions as you may see proper
to impose.
The establishment of a Military Board, to consist cf at least
three persons, and invested with power to make all needful
rules and regulations for organization and maintenance, I re¬
gard as indispensably necessary to a perfect military organi¬
zation and equipment in the State, and the fact that the Legis¬
lature cannot foresee and provide for the various contingent
expenses necessarily incidental to a state of war, justifies and
makes necessary the contingent military fund referred to.
I trust, gentlemen, that 1 have not so far mistaken your in¬
telligence and patriotism, as to render necessary that I should
invoke you in the name of all that is sacred and dear to us as
a people—even the sanctity of our domestic firesides—to for¬
get past differences, and whatever may tend in the least to
distract your counsels in the present momentous crisis, in which
we have been involvtd by the unprovoked and tyrannical usur¬
pation of a people who, forgetting the lessons of their fathers,
have overthrown the fairest government upon earth, in the
mere wantonness of an unnatural sectional prejudice amount¬
ing to a sectional hate, and a disregard of those great principles
of justice and equality upon which the Federal Union was based.
I trust that to-day there are in Tennessee no Whigs, no Demo¬
crats; but that we are one people—all patriots, all brothers,
recognizing a common interest and a common destiny ; and
that we will stand as one man in defence of our honor and of
our rights. 1 pray you to cultivate a feeling of this kind, and to
13
disseminate it amongst your constituents. It is only by such
united and determined action, on the part of the people of the
whole South, that we can hope to avoid the calamities of the
bloodiest and most devastating civil war that has afflicted any
nation in the history of the civilized world.
I trust that a few days will be amply sufficient to dispose of
the business which I have laid before you. Your presence may
soon be needed in the field, and if not, will be required at home
for counsel among your constituents.
Trusting that an All Wise Providence may watch over your
deliberations, and direct you in the adoption of such measures,
as may most subserve the maintenance of the rights and lib¬
erties of the people, I submit the determination of these mat¬
ters to your hands.
ISHAM G. HARRIS.
SECRET SESSION.
On motion of Mr. Bumpass, the Senate went into Secret
Session.
Mr. Bumpass offered the following resolution (Senate Reso¬
lution No 3.):
Resolved by the General Assembly of the State of Tennessee,
That the Secretary of State be authorized to have published for
the use of the State, two thousand copies of Hardee's and two
thousand of Scott's Military Tactics, to be bound in plain, cheap,
substantial binding, one copy of each to be furnished to each
commissioned and non-commissioned officer engaged in military
duty under the authority of the State, and that the same be
paid for as other public printing ; that the Secretary contract
for the same on the best terms practicable.
On motion of Mr. Bumpass, the rule was suspended, and the
resolution taken up and referred to the Committee on Military
Affairs.
Mr. Newman (Mr. Bumpass in the Chair) offered Senate
Resolution No. 4, as follows:
Resolved, That Messrs. Bradford, Lane, and Wood be ap¬
pointed by the Senate to wait on the Banks of the city and as¬
certain how much money each one can and will loan to the
State, on the faith of a tax on the property of the State, being
levied by this session to refund the same ; that said committee
report immediately.
On motion of Mr. Newman, the rule was suspended, and the
resolution taken up and adopted.
On motion of Mr. Newman, (Mr. Bumpass in the Chair) the
Senate adjourned until to-morrow morning 9 o'clock.
14
FRIDAY MORNING, APRIL 26, 1861.
The Senate met pursuant to adjournment.
The Journal of yesterday was read and confirmed.
S. S. Stanton, Senator from the counties of White, Jackson,
and Macon, appeared and took his seat.
D. Y. Stokely, Senator from the counties of Greene, Cocke, Se¬
vier, and Blount, appeared and took his seat.
Mr. Bradford moved that the members of the Home of Repre¬
sentatives be allowed to enter the Senate chamber during the
hours of secret session, and communicate freely with the Senators
upon the business before them.
Mr. Thompson presented a memorial from Dr. R. Thompson, of
the city of Nashville, in relation to a three barrelled self-loading
cannon, invented by him in 1842. The memorial was read and
referred to the committee on Military Affairs.
Mr. Payne presented a petition from Geo. W. Harris, in rela¬
tion to an important invention in gunnery, recently perfected by
him, asking that it be investigated by the General Assembly.
On motion of Mr. Payne the petition was referred to the Com¬
mittee on Military Affairs.
Mr. Payne offered the following resolution (Senate Resolution
No. 5.) :
Resolved by the Senate, that the Committee on Federal Rela¬
tions be requested to prepare a plan for separating the State of
Tennessee from the States of the Union adhering to the Compact
known as the Constitution of the United States of America, and
for extinguishing the federal authority within the limits of said
State ; said Committee will also prepare apian for fixing the fu¬
ture political relations of the State of Tennessee. Said Commit¬
tee is requested to report at its earliest convenience.
On motion of Mr. Payne, the rule was suspended, and the reso¬
lution taken up and referred to the Gommittee on Federal Rela¬
tions.
Mr. Stanton offered the following resolution (Senate Resolu¬
tion No. 6,):
Resolved by the General Assembly of the State of Tennessee,
That the Governor of this State be, and he is hereby authorized to
make contracts to ration and subsist the military forces of the
State, by such supplies as may be deemed prudent and necessary,
as well as for arms and other munitions as may be important to
equip the military forces of the State, to be procured before fur¬
ther action of this General Assembly, by the passage of acts, &c.,
15
and this Assembly hereby pledges itself to follow up said pur¬
chases or engagements with a bill or act making the necessary
appropriation of money to meet or liquidate the same, and that
the Governor be allowed to appoint such agents as may be neces¬
sary to carry out the provisions of this resolution.
On motion of Mr. Stanton, the rule was suspended, and the reso¬
lution taken up and adopted, and ordered to bp transmitted to
the House of Representatives.
Mr. Minnis introduced Senate Bill No. 1, to submit to a vote
of the people an Ordinance dissolving their connection with the
General Government, which passed its first reading.
Mr. Thompson offered the following resolution (Senate Reso¬
lution No. 1,):
Resolved by the General Assembly of the State of Tennessee,
That the members and officers* of the Legislature be allowed to
draw their per diem and mileage from time to time during the
present extra session.
On motion of Mr. Thompson, the rule was suspended, and the
resolution taken up and adopted.
On motion of Mr. Thompson, the rule was suspended, and the
resolution was ordered to be engrossed and transmitted to the
House of Representatives.
Mr. Newman (Mr. McClellan in the Chair) offered the following
resolution (Senate Resolution No. 8,):
Resolved by the General Assembly of the State of Tennessee, That
a Military Board be created, to consist of the Governor and two
assistants, the assistants shall be immediately appointed by the
Governor, to be confirmed by the Senate. *
Resolved, That the Governor shall proceed immediately to or¬
ganize an Adjutant General's Department, a Commissary Depart¬
ment, a Quartermaster's Department, and a Paymaster's Depart¬
ment. These appointments shall be made outside of, and in ad¬
dition to the present staff officers of the Governor, and eaeh one
of said officers shall bold the rank of Colonel of Infantry, commis¬
sioned and appointed by the Governor, to be confirmed by the
Senate.
Resolved, That the army regulations of the United States of
1857, shall be adopted as far as applicable, in the organization
and regulation of said departments.
On motion of Mr. Newman, the rule was suspended, and the
resolution taken up and adopted, and ordered to be engrossed and
transmitted to the House of Representatives.
A message was received from the House of Representatives by
their clerk, Mr, Campbell, as follows:
16
Mr. Speaker :
The House of Representatives has considered and concurred in
Senate Resolution No. 6, to authorize the Governor to make im¬
mediate purchase of subsistence and rations, arms, &c., for the
State, and ordered its immediate return to the Senate, and the
same is herewith returned.
The Speaker announced the following on the part of the Senate
as the members of the Joint Select Committee provided for by
Senate Resolution No. 1, viz:
On Military Affairs—Messrs. Lane, Bradford and Wood.
On Ways and Means—Messrs. Stanton, McNeilly, Bumpass,
cClellan, and Stovall.
On Federal Relations—Messrs. Payne, Stokes, Richardson, IVfin-
nis, and Allen.
On motion of Mr. McCiellan, Senate Bill No. 1, to submit to
a vote of the people an Ordinance dissolving their connection with
the General Government, was referred to the Joint Select Com¬
mittee on Federal Relations.
Mr. Stokely offered the following resolution (Senate Resolution
No. 9,): ( .
Resolved by the General Assembly of the State of Tennessee, That
the Governor of the State of Tennessee be requested to make
known to Abraham Lincoln, President of the United States, and
to Jefferson Davis, President of the Confederate States of America,
that it is the earnest desire of the people of this commonwealth,
that peace may be preserved between the United States and the
Confederate States of America, and in order to that end, we re¬
quest that all troops and forces of the United States, situated in
the Confederate States, or any other slaveholding State, be with¬
drawn therefrom by the said Abraham Lincoln, and that the said
Presidents are further requested to have all the States belonging
to each Republic, or that they themselves appoint delegates or
commissioners to meet together peaceably, to arrange a fair and
equitable division of the slaveholding States from the non-slave-
holding States and Territories of the former United States of
America, that thereby all the States may obtain their rights with¬
out the shedding of brothers blood.
The resolution lies over under the rule.
A message was received from the House of Representatives, by
their Clerk, Mr. Campbell, as follows:
Mr. Speaker :
The House of Representatives has adopted House Resolution
No. 7, recommending to agriculturalists to devote their lands to the
culture of grain and grasses, and the same is herewith transmit¬
ted for the action of the Senate.
17
The House has adopted Senate Resolution No. 8, to allow
members and officers of the General Assembly to draw their mile¬
age and per diem, as it falls due, and the same is herewith re¬
turned to the Senate for enrolment.
Mr. Mickley, from the Committee on Enrolled Bills, reported
as correctly engrossed Senate Resolutions Nos. 1, 6, 8 and 9.
On motion of Mr. Bum pass, the Senate took a recess until %
o'clock P. M.
AFTERNOON SESSION.
The Senate was called to order at 2 o'clock by the Speaker.
Mr. Bradford from the committee appointed to wait upon the
Banks, and ascertain the amount of money they would loan the
State, submitted a communication from the Presidents and Cash¬
iers of the Planters' and Union Banks; which was read and re¬
ferred to the Joint Select Committee on Ways and Means.
House Resolution No. 7, recommending agriculturalists to de¬
vote their lands to the culture of grains and grasses, was taken up
and adopted.
Mr. Payne moved that the vote adopting the resolution be re¬
considered, which was agreed to.
On motion of Mr. Payne, the resolution was laid on the table.
Mr. Stovall offered the following resolution (Senate Resolution
No. 10,):
Resolved by the General Assembly of the State of Tennessee, That
the Governor of the State be, and he is hereby authorized to order
immediate organization of all the regiments and companies ten¬
dered to him in the State ; that they be drilled by their respective
officers, and held in immediate readiness for service in the State,
if necessary, or to assist any of our sister Southern States in the
present revolution, in defence of liberty and justice.
On motion of Mr. Stovall, the rule was suspended, and the res¬
olution taken up and referred to the Joint Select Committee on
Military Affairs.
On motion of Mr. Bradford, the message of his Excellency, the
Governor, was taken up, and its several recommendations referred
to the appropriate committees.
On motion of Mr. Payne, the Senate adjourned until to mor¬
row morning, 10 o'clock.
2 s
18
SATURDAY MORNING, APRIL 27, 1861.
The Senate met pursuant to adjournment.
Prayer by the Rev. Dr. Quintard.
The Journal of yesterday was read and confirmed.
Mr. Payne from the Joint Select Committee on Federal Rela¬
tions, reported back Senate Resolution No. 9, to bring about, if
possible, a peaceable settlement ot present political difficulties,
and asked to be discharged from its further consideration.
Mr. Lane from the Joint Select Committee on Military Affairs,
reported as follows:
The Joint Select Committee on Military Affairs, have had under
consideration the petitions of Geo. W. Harris and Dr. R.Thomp¬
son, and recommend that a Special Committee be raised for their
further consideration. The Committee have also had'under
consideration Senate Resolution No. 10, and recommend its pas¬
sage. J. T, LANE, Chairman.
Mr. Mickley from the Committee on Enrolled Bills, reported
as correctly enrolled joint resolutions to allow members and
officers of the General Assembly to draw their mileage and per
diem, and to authorize the Governor to make immediate, purchases
of subsistence and rations, arms, &.C., for the State.
Mr. Trimble asked and obtained leave of absence during
the day.
Mr. Payne offered the following resolution (Senate Resolution
No. 11,):
Resolved by the Senate, That his Excellency, the Governor, be
requested, if compatible with the public interest, to communicate
to this body in secret session, whether he has any facts in his
possession going to show that the commerce of this State has been
obstructed, or goods intended for Tennessee detained or confis¬
cated by persons acting under Federal authority. It is respect¬
fully asked that he will give all the information he has to this
body relative to the foregoing inquiry.
On motion of Mr. Payne, the rule was suspended, and the reso¬
lution taken up and adopted.
Mr. Minnis introduced Senate Bill No. 2, for the relief of the
various Railroad Companies of the State of Tennessee; passed
first reading.
A message was received from the House of Representatives
by Mr. Campbell, their Clerk, as follows :
19
Mr. Speaker:
The House of Representatives has considered and concurred
in Senate Resolution No, 1, providing for Joint Select Commit¬
tees on Federal Relations, Military Affairs, and on Ways and
Means, and the Speaker of the House of Representatives has
appointed Messrs. Caldwell, Vaughn, Dudley, Baker of Perry,
Porter, Williams of Hickman, East, and Farley, on the Committee
on Federal Relations; Messrs. Gantt, Farrelly, Hurt, Mayfield,
and Ewing, upon the Committee on Military Affairs ; and Messrs.
Lea, Wisener, Whitmore, Barksdale, Davis, Harris, Doak, and
Guy, on the Committee on Ways and Means.
Mr. Stanton offered the following resolution (Senate Resolu¬
tion N o. 12,) :
Resolved by the General Assembly of the State of Tennessee, That
this Assembly will hereafter sustain any reasonable expenses in¬
cident to the stationing of squads, as guards, at any and all rail¬
road bridges and depots, within this State, whenever, in the judg¬
ment of the Governor, it becomes necessary.
On motion of Mr. Stanton, the rule was suspended, and the
resolution taken up and adopted, and ordered to be engrossed and
transmitted to the House of Representatives.
A communication was received from the Governor, and read
as follows :
Executive Department, )
Nashville, April 27, 1861. )
Gentlemen of the Senate:
In answer to your resolution of this date, I have to communi¬
cate the fact that some days since, one hundred tons of lead were
ordered from St. Louis by the steamer Hillman, for the use of the
State. On yesterday I received a dispatch from Capt. H. H.
Harrisqn, giving an account of the seizure and plundering of the
boat of a part of its freight, which was the property of the State
and citizens of Tennessee, which dispatch I herewith transmit
for your examination. I have further to state that Capt. H. H.
Harrison has reached the Capital, from whom you can get a more
full report if desirable.
ISHAM G. HARRIS.
On motion of Mr. Stanton, the Doorkeeper wa3 ordered to re¬
quest Capt. Harrison to come before the Senate and give a more
detailed account of the seizure of the steamer Hillman and her
cargo.
Mr. Richardson asked and obtained leave of absence for the
remainder of the day.
20
A message was received from the House of Representatives,
by Mr. Campbell, their Clerk, as follows :
Mr. Speaker :
I am directed by the House of Representatives to transmit to
the Senate a series of resolutions which were adopted in Wilson
county, and the same is herewith transmitted to the Senate.
The House of Representatives has adopted House Resolution
No. 5, approving the action of the Governor, in refusing troops to
Abraham Lincoln, and ordered its immediate transmission to the
Senate; and the same is herewith transmitted.
House Resolution No- 5, approving the action of the Governor
in refusing troops to Abraham Lincoln, was taken up and adopted,
and ordered to be returned to the House of Representatives for
enrolment.
Senate Resolution No. 10, authorizing the Governor to organize
the regiments and companies tendered to him, and hold them in
readiness for service, was taken up.
Mr. Newman (Mr. Allen in the Chair,) offered the following
amendment:
Be it further resolved, That each regiment and independent
company as organized, shall report the field and company officers
with non-commissioned officers and privates to the Secretary of
State, and the commissioned officers shall be commissioned* by the
Governor, and entered into the service, first by regiments and
battalions, and then by companies according to the date of the
organization.
Which amendment was adopted.
On the adoption of the resolution, Mr. Boyd demanded the ayes
and noes, which were ordered, and resulted :
Ayes * 17
Noes 2
Senators voting in the affirmative are :
Messrs. Allen, Bradford, Bumpass, Horn, Hunter, Johnson, Lane,
Miekley, Minnis, McClelJan, McNeilly, Payne, Stanton, Stovall,
Thompson, Wood, and Mr. Speaker Newman—17.
In the negative :
Messrs. Boyd and Nash—2.
So the resolutions were adopted.
On motion of Mr. Bumpass, Mr. Stokely was excused from
voting on the resolutions.
On motion of Mr. Payne, the rule was suspended, and the reso¬
lutions ordered to be engrossed and transmitted to the House of
Representatives.
The Speaker presented a communication from the officers of
21
the Bank of Tennessee, in relation to a loan by the bank to the
State, which was read and referred to the Committee on Ways
and Means.
On motion of Mr. Payne, the Senate took a recess until 3 o'clock
P. M.
AFTERNOON SESSION.
The Senate was called to order at 3 o'clock by the Speaker.
Mr. Mickley from the Committee on Enrolled Bills, reported
Senate Resolutions Nos. 10 and 12 as correctly engrossed.
On motion of Mr. Stovall, it was ordered that the Secretary of
State be admitted to the Senate Chamber during the secret ses¬
sions, and the Clerk was directed to request him to keep'private
all bills or resolutions filed in his office, until such time as the
secrecy attaching to the same shall be removed.
Mr. McClellan, from the Committee on Military Affairs, reported
back Senate Resolution No. 34, directing the Secretary of State
to have printed two thousand copies each of Hardee's and Scott's
Tactics, and recommend its adoption.
The resolution was then taken up.
Mr. McClellan moved to strike out the word " non-commis¬
sioned" when it occurs in the resolution ; which motion was
agreed to.
The resolution as amended was adopted.
On motion of Mr. Minnis, the rule was suspended, and the reso¬
lution ordered to be engrossed and transmitted to the House of
Representatives.
Senate Resolution No. 9, to bring about if possible, a peaceable
settlement of present political difficulties, was taken up.
On the adoption of the resolution, Mr. Stokely demanded the
ayes and noes which were ordered, and resulted :
Ayes 11
Noes 8
Senators voting in the affirmative are :
Messrs. Boyd, Bradford, Horn, Lane, Minnis, McClellan, Nash,
Stokes, Stokely, Stovall, and Mr. Wood—11.
22
Those voting in the negative are:
Messrs. Bumpass, Hunter, Johnson, Mickley, McNeilly, Payne,
Thompson, and Mr. Speaker Newman—8.
So the resolution was adopted.
Mr. Wood moved to reconsider the vote adopting the resolu¬
tion ; on which motion, Mr. Horn demanded the ayes and noes,
which were ordered and resulted ;
Ayes
Noes
Senators voting in the affirmative are :
Messrs. Bradford, Bumpass, Hunter, Johnson, Lane, Mickley
McClellan, McNeilly, Nash, Payne, Stanton, Stovall, Thompson?
Wood, and Mr. Speaker Newman—15.
Those voting in the negative are :
Messrs. Allen, Boyd, Horn, Minn is, Stokes, and Mr. Stokely—6.
So the motion to reconsider prevailed.
Mr. Stanton then asked and obtained leave to withdraw the
resolution for examination.
On motion of Mr. Horn, the Senate adjourned till Monday
morning 11 o'clock.
15
6
MONDAY MORNING, APRIL 29, 1801.
The Senate met pursuant to adjournment.
The Journal ofSatu;day was read and confirmed.
Reeve T. Hildreth, Senator from the counties of Overton, Fen¬
tress, Morgan and Scott, appeared and took his seat.
The Speaker tendered the resignation of John E. Bennett, as
Doorkeeper of the Senate.
On motion of Mr. Stovall, the resignation was accepted, and
the Senate went into the election of a doorkeeper to fill the va¬
cancy occasioned by the resignation of John E. Bennett.
Mr. Bradford nominated Mr. J. D. Swan, of the county of Da¬
vidson.
No other nominations being made, the roll was called.
Senators voting for Mr. Swan are :
Messrs. Boyd, Bradford, Bampass, Hildreth, Horn, Hunter,
23
Johnson, Lane, Mickley, Minnis, McClellan, McNeilly, Nash,
Payne, Richardson, Stanton, Stokely, Stovall, Thompson, Trimble,
Wood, and Mr. Speaker Newman—22.
Mr. Mickley from the Committee on Enrolled Bills, reported as
correctly engrossed Senate Resolution No. 3, and as correctly en¬
rolled Joint Resolution to provide for the raising of Joint Select
Committees on Federal Relations, Military Affairs, and Ways and
Means.
A message was received from his Excellency, the Governor, by
the hands of J. E. R. Ray, Secretary of State, as follows:
Executive Department,
Nashville, April 29th, 1861.
Gentlemen of the Senate
and House of Representatives :
I deem it proper to announce to you the fact" that the Hon.
Henry Washington Hilliard, of Alabama, who is accredited to
Tennessee by the President of the Confederate States of Ameri¬
ca, and charged with the duty of representing the views and
policy of that government is now at the Capitol, and ready to
confer with the Legislative Department of the State upon ques¬
tions of interest and importance to the State of Tennessee and
the Confederate States, at such time as you may see proper to
fix upon for such conference.
Respectfully,
ISHAM G. HARRIS.
Mr. Swan, the Doorkeeper elect of the Senate, appeared and
was sworn into his office by R. L. Crenshaw, Esq., one of the Jus¬
tices of the Peace of Davidson county.
Mr. Payne, from the Joint Select Committee on Federal Rela¬
tions, reported back Senate Bill No. 1, to submit to a vote of the
people an Ordinance dissolving their connection with the General
Government, with a bill in lieu, entitled a bill to submit to a vote
of the people a Declaration of the State of Tennessee, and to call
a Convention of the State, and recommend its adoption.
A message was received from the House of Representatives by
their clerk, Mr. Campbell, as follows .
Mr. Speaker:
The House of Representatives has considered and concurred in
Senate Resolution No. 10. authorizing the Governor to organize
the regiments and companies tendered him, and hold them in
readiness for service.
The House of Representatives has also concurred in Senate
24
Resolution No. 12, providing for stationing guards at railroad
bridges, and the said resolutions are herewith relumed to the
Senate for enrollment.
I am also directed by the House of Representatives to transmit
to the Senate a series of resolutions forwarded to this General As¬
sembly from Knox county, recommending the attitude Tennessee
should assume in the present crisis ; also, another series of resolu¬
tions on the same subject from Jefferson county, and they are
herewith transmitted.
Mr. Trimble offered the following resolution (Senate Resolu¬
tion No. 13,) :
Resolved by the General Assembly of the State of Tennessee, That
the Congress of the United States be requested to call a conven¬
tion for proposing such amendments to the Constitution of the
United States as are necessary to give peace to our country, and
restore harmony among the States, and that a copy of this resolu¬
tion be transmitted to the Congress of the United States.
On motion of Mr. Trimble, the rule was suspended and the
resolution taken up.
Mr. Allen moved that the resolution be referred to the Joint
Select Committee on Federal Relations, which was disagreed to.
On the adoption of the resolution, Mr. Trimble demanded the
ayes and noes, which were ordered and resulted:
Ayes . 8
Noes 16
Senators voting in the affirmative are :
Messrs. Allen, Boyd, Bradford, Hildreth, Horn, Nash, Stokely,
and Mr. Trimble—8.
Those voting in the negative are :
Messrs. Bumpass, Stanton, Johnson, Lane, Mickley, Minnis,
McClellan, MciNeilly, Payne, Richardson, Stanton, Stokes,Stovall,
Thompson, Wood, and Mr. Speaker Newman—16.
So the resolution was rejected.
A message was received from the House of Representatives by
Mr. Campbell, their clerk, as follows :
Mr. Speaker :
The House of Representatives has adopted House Resolution
No. 10, raising a committee of three on the part of the House,
consisting of Messrs. Lea, Davis, and Porter, to confer with such
committee as may be appointed on the part of the Senate, to con¬
fer with Hon. H. W. Hiilard,in connection with the Governor, on
the subject matter of his mission from the Confederate States, and
the same is herewith transmitted to the Senate for its action
thereon.
On motion of Mr. Stanton, House Resolution No. 10, to raise a
25
Joint Select Committee to confer with the Hon. H. W. Hilliard,
Commissioner from the Government of the Confederate States,
was taken up.
On motion of Mr. Bumpass, the resolution was so amended as
to provide for three members of said committee on the part of the
Senate.
The resolution as amended was adopted.
The Speaker appointed on said commiltee on the part of the
Senate, Messrs. Bumpass, Stanton, and McCJellan.
Mr. Payne offered the following resolution (Senate Resolution
No. 14.):
Resolved by the General Assembly of the State of Tennessee, That
a Joint Select Committee be appointed to consist of five members
on the part of the Senate, and members on the part of the
House ot Representatives, whose duty it shall be to prepare an
address to the people of Tennessee upon the dangerous crisis in
our affairs, and the necessity for prompt and decisive action.
Mr. Payne moved that the rule be suspended and the resolution
taken up ; on which resolution Mr Boyd demanded the ayes and
noes, which were ordered and resulted :
Ayes 10
Noes 9
Senators voting in the affirmative are :
Messrs. Hunter, Johnson, Lane, Mickley, Minnis, Payne, Sto-
vall, Thompson, Wood, and Mr. Speaker Newman—10.
Those voting in the negative are: 4
Messrs. Allen, Boyd, Hildreth, Horn, Nash, Richardson, Stokes,
Stokely, and Mr. Trimble—9.
The motion to suspend the rule was disagreed to, two-thirds not
voting in the affirmative.
M>\ Bradford offered the following resolution (Senate Resolu¬
tion No. 15,):
Resolved by the Senate of Tennessee, That the injunction of se¬
er esy be removed.
The resolution lies over under the rule.
Mr. Thompson offered the following resolution, (Senate Resolu¬
tion No. 16.) :
Whereas, By order of the Governor of Illinois, the steamer C.
E. Hillman, laden from St. Louis to Nashville, with sundry pur¬
chases, was boarded and dispossessed of all her cargo by troops
concentrated at Cairo ; therefore,
Resolved by the General Assembly of the State of Tennessee, That
Governor Harris be, and he is hereby requested, immediately to
open a correspondence, by telegraph, with the Governor of Illi¬
nois, making a demand for a restitution of the cargo of the C. E.
28
Hillman and such damages as have resulted to the owners of
said boat by such unjust and lawless conduct of the Illinois troops.
Resolved, That should no satisfactory answer from the Gover¬
nor of Illinois be forthwith received, the Governor of Tennessee
immediately issue an older to the proper authorities to seize and
possess any property, lands, notes, bonds, moneys, or any effects
whatever, belonging to any citizen or citizens of the State of Illi¬
nois, and to pursue such other course as his wisdom may dictate
to redress the grievance or vindicate the outrage perpetrated upon
the citizens, and the insult and indignity offered to the State of
Tennessee.
The resolutions lie over under the rule.
Mr. Stokely introduced Senate Bill No. 3, to amend the militia
laws of the State, requiring captains to give notice, which passed
its first reading.
Mr. Wood introduced Senate Bill No. 4, to establish a military
organization, and arm and equip the State, which passed its first
reading.
Mr. Payne introduced Senate Bill No. 5, to amend the charter
of the city of Memphis, which passed its first reading.
Mr. Thompson moved to appoint a Special Committee of three,
to whom should be referred the petitions of Dr. R. Thompson and
G. W. Harris, in relation to inventions in gunnery made by them,
which motion was agreed to.
The Speaker appointed Messrs. Thompson, Johnson and Brad¬
ford on said committee.
On motion of Mr. Minnis, the Senate took a recess until 2
o'clock P. M.
AFTERNOON SESSION.
The Senate was called to order by the Speaker at 2 o'clock.
Senate Resolution No. 2, directing the Secretary of State to
purchase a flag for the Capitol, was taken up ; and,
On motion of Mr. McClellan, was referred to the Committee
on Federal Relations.
Senate Bill No. 1, to submit to a vote of the people an Ordi¬
nance dissolving their connection with the Federal Government,
was taken up on second reading.
27
The bill offered in lieu by the Joint Select Committee on Federal
Relations, being a bill to submit to a vote of the people a Decla¬
ration of the State of Tennessee, and to call a Convention of the
State, was adopted, and the bill passed its second reading; and, !
On motion of Mr. Minnis, was re-committed to the Joint Select
Committee on Federal Relations.
Senate Bill No, 2, for the relief of the Various railroads in Ten¬
nessee, was taken up on second reading.
Mr Minnis offered a bill in lieu, entitled a bill in relation to
the payment of interest on State bonds owned by parties in North¬
ern States, which was adopted, and the bill passed its second read¬
ing; and,
On motion of Mr. Payne, was referred to the Committee on
the Judiciary.
Mr. Mickley, from the Committee on Enrolled Bills, reported as
correctly enrolled joint resolutions to authorize the Governor to
organize the regiments and companies tendered him, and hold
them in readiness for service; and joint resolution to provide for
stationing guards at railroad bridges in this State.
Mr. Bumpass, from the Joint Select Committee to. wait upon
Hon. H. W. Hilliard, Commisioner from the Confederate States
of America, reported that the Committee had waited upon Mr.
Hilliard, and had been informed by him that he would address
the General Assembly at any time that body might designate, in
reference to the objects of his mission, and the Committee had
named to-morrow at 11 o'clock, in the Hall of Representatives, as
the time and place for the delivery of said address.
Mr. Bumpass moved that the address be delivered in public,
and that all the proceedings connected with the reception of the
Hon. H. W. Hilliard, and his invitation to address the General
Assembly be made public; which motion was agreed to.
A message was received from the House of Representatives by
their Clerk, Mr. Campbell, as follows :
Mr. Speaker :
The House of Representives has adopted House Resolution
No. 11, proposing a Convention of the two Houses, on to-morrow
at 11 o'clock, for the purpose of hearing an address by the Hon.
H. W. Hilliard, Commissioner from the Confederate States of
America ; and House Resolution No. 12, authorizing the Adju¬
tant-General to have the use of the Archive room in the Capitol,
both of which are herewith transmitted for the action of the
Senate.
The Speaker of the House of Representatives has signed the
following enrolled joint resolutions, and they are herewith re¬
turned for the signature of the Speaker of the Senate, viz;
28
Joint resolution approving the action of the Governor in refus¬
ing troops to Abraham Lincoln ;
Joint resolution providing for the stationing of guards at rail¬
road bridges in this State;
Joint resolution to authorize the Governor to organize the regi¬
ments and companies tendered him, and hold them in readiness
tor service;
Joint resolution to authorize the Governor to make immediate
purchases of subsistence and rations, arms, &c., for the State ;
Joint resolution providing for raising Joint Committees on Fed¬
eral Relations, Military Affairs, and Ways and Means.
House Resolution No, 11, proposing a Convention of the two
Houses on to-morrow at 11 o'clock, for the purpose of hearing
communications from Hon. H. W. Hilliard, was taken up and
concurred in by the Senate.
House Resolution No. 12. authorizing the Adjutant-General to
have the use of a room in the Capitol, was taken up and con
curred in by the Senate.
On motion of Mr. Stovall, the rule was suspended, and House
Resolutions Nos. 11 and 12, ordered to be returned to the House
of Representatives for enrollment.
A series of resolutions adopted at a mass-meeting of the citi¬
zens of Wilson county, were read and ordered to lie on the table.
On motion of Mr. Bumpass, the Senate adjourned until to¬
morrow morning 9 o'clock.
TUESDAY MORNING, APRIL 30, 1861.
The Senate met pursuant to adjournment.
The Journal of yesterdat7 was read and confirmed.
The Speaker submitted a communication from the Central
Bureau of Military Supplies, in relation to the aims and objects of
said association, which was read ; and on motion of Mr. Trimble,
was referred to the Committee on Military Affairs.
Senate Resolution No. 16, requesting the Governor to inquire
into the seizure of the cargo of the steamer C. E. Hillman, was
taken up.
29
Mr. Stanton moved that the preamble to the resolution be
amended by inserting after the word " whereas" the words we
are informed; which motion was agreed to.
On motion of Mr. Hildreth, the further consideration of the
resolution was postponed until this afternoon.
Mr. Payne from the Joint Select Committee on Federal Rela¬
tions, reported as follows:
The undersigned begs leave to report that the Joint Select Com¬
mittee have under the direction of the Senate, instructed him to
report a bill entitled, a bill to submit to a vote of the people a
Declaration of the State of Tennessee, and to call a Convention
he State.
R. G. PAYNE, Chairman.
On motion of Mr. Payne, the order of business was suspended,
and the bill reported by the Joint Select Committee, taken up on
its third reading.
Mr.Minnis moved that the bill be considered section by section ;
which motion was agreed to.
The first section of the bill was read; the committee recom¬
mended the filling of the blank with the 1st day of June.
Mr. Hildreth moved to fill the blank with the 4th Monday in
June ; on which motion he demanded the ayes and noes, which
were ordered and resulted :
Ayes
Noes
Senators voting in the affirmative are :
Messrs. Boyd, Bradford, Hildreth, Nash, Richardson, Stanton,
and Mr. Trimble—7.
Those voting in the negative are:
Messrs. Allen, Horn, Hunter, Johnson, Lane, Mickley, Minnis,
McClellan, McNeilly, Payne, Stokes, Stokely, Thompson, Wood,
and Mr. Speaker Newman—15.
So the motion was disagreed to.
Mr. Stokely moved to fill the blank with the 15th of June ; on
which motion Mr. Trimble demanded the ayes and noes, which
were ordered and resulted :
Yeas • 10
Nays 10
Senators voting in the affirmative are :
Messrs. Allen, Boyd, Bradford, Hildreth, Horn, Nash, Richard¬
son, Stokes, Stokely, and Mr. Trimble—10.
Those voting in the negative are:
Messrs. Hunter, Johnson, Lane, Mickley, Minnis, McNeilly,
Payne, Thompson, Wood, and Mr. Speaker Newman—10.
So the motion was disagreed to.
7
15
30
On motion of Mr. Horn, the blank was filled by iserting the
8th day of June.
The second section of the bill was read, when Mr. Lane moved
to strike out the preamble to the said section.
Pending the question to strike out, the hour of eleven o'clock
having arrived, the Senate proceeded in a body to the Hall of the
House of Representatives, ^o hear the address of the Hon. H.
W. Hilliard, Commissioner from the Confederate States of
America.
IN CONVENTION.
The President of the Convention called the same to order, and
directed the Clerk to read the resolution providing for the assemb¬
ling of the Convention.
The Hon. PL W. Hilliard, was then introduced to the Conven¬
tion, and delivered an address upon the object of his mission to
the State of Tennessee.
The object for which the Convention was called, having been
accomplished, the President declared it dissolved.
The Senators returned in a body to their Chamber.
On motion of Mr. Wood, the Senate took a recess until 2 o'clock
P. M.
AFTERNOON SESSION.
The Senate was called to order at 2 o'clock by the Speaker.
The consideration of Senate Bill No. 1, to submit to a vote of
the people, a Declaration of the State of Tennessee, and to call a
convention of the State, was resumed ; the question being upon
the motion of Mr. Lane to strike out the preamble to the second
section of the bill.
The motion to strike out prevailed.
Mr. Bumpass moved to strike out the wordsa and of right
ought to be" where they occur in the section ; which motion was
disagreed to.
On motion of Mr. Payne ,the words " and ordinance" in the last
line of the section were stricken out.
31
On motion of Mr. Stokely, the words " of the State of Ten¬
nessee," were striken out of the section.
The second section of the bill as amended was then adopted.
The third section of the bill was then taken up for considera¬
tion.
Mr. Horn moved to strike out the words " Declaration or No
Declaration" where they occur in the section ; which motion was
disagreed to.
Mr. Stokely moved to strike out " 17th" where it occurs in the
section, and insert 24th ; which motion prevailed.
The third section as amended was adopted.
Section 4 was then taken up for consideration.
The recommendation of the Committee to strike out the —, sec¬
tion was concurred in, and the section striken out.
The Committee through Mr. Minnis, offered the following sec¬
tion in lieu :
Section 4. Be it further enacted, That in the election to be held
under the provisions of this act, upon the Declaration submitted
to the people, all volunteers and other persons connected with the
service of this State qualified to vote for members of the Legisla¬
ture in the counties where they reside, shall be entitled to vote in
any county in the State where they may be in active service, or
under orders, or on parole at the time of said election ; and all
other voters shall vote in the county where they reside, as now re¬
quired by law in voting for members to the General Assembly.
Upon the adoption of the section in lieu, Mr. Stokely demanded
the ayes and noes, which were ordered and resulted :
Ayes 18
Noes 5
Senators voting in the affirmative are:
Messrs. Allen, Bumpass, Horn, Hunter, Johnson, Lane, Mickley,
Minnis, McClellan, McNeilly, Payne, Richardson, Stanton, Stokes,
Stovall, Thompson, Wood, and Mr. Speaker Newman—18.
Those voting in the negative are :
Messrs. Boyd, Bradford, Hildreth, Nash, Stokely, and Mr, Trim¬
ble—5.
So the section in lieu offered by the committee was adopted.
Section 5 of the bill was taken up, read and adopted.
Section 6 of the bill was taken up and read.
Mr. Payne moved to strike out" 10th" where it occurs in the
section, and insert " 17th;" which motion was agreed to.
M r. Richardson moved to amend the section by adding the fol¬
lowing :
Provided, That a majority of the votes cast shall be for the Decla¬
ration.
32
Upon the adoption of the amendment, Mr- Boyd demanded the
ayes and noes, which were ordered, and resulted :
Senators voting in the affirmative are :
Messrs. Allen, Boyd, Bradford,Bumpass, Hildreth,Horn, Hunter,
Johnson, Lane, McClellan, Nash, Richardson, Stanton, Stokes,
Stokely, Stovall, and Mr. Trimble—17.
Those voting in the negative are :
Messrs. Mickley, Minnis, McNeilly, Payne, Thompson, Wood,
and Mr. Speaker Newman—7.
So the amendment was adopted.
The section as amended was adopted.
The seventh section of the bill was read and adopted.
Mr. Trimble offered the following additional section to the bill.
Sec. —. Be it further enacted, That if the Convention make any
change in the present Constitution of the State of Tennessee, the
same shall be submitted to the legal voters of the State of Ten¬
nessee, and be approved of by a majority of them before the same
shall take effect or have any force ; which was adopted.
Mr. Stanton offered the following as a preamble to the decla¬
ration in the second section of the bill.
In view of the existing state of federal or political affairs, sur¬
rounding and affecting the rights, safety, sympathy and honor of
Tennessee, we, the people of said State deem it a right as well as
our duty to adopt and proclaim to the world the following decla¬
ration :
Upon the adoption of the amendment, Mr. Stanton demanded
the ayes and noes, which were ordered and resulted:
Ayes 8
Senators voting in the affirmative are:
Messrs. Johnson, Lane, McClellan, McNeilly, Stanton, Thomp¬
son, Wood, and Mr. Speaker Newman—8.
Those voting in the negative are:
Messrs. Allen, Boyd, Bradford, Bumpass, Hildreth, Horn, Hunter,
Mickley, Minnis, Nash, Payne, Richardson, Stokes, Stokely, Sto¬
vall, and Mr. Trimble—:16.
So the amendment was rejected.
Mr. Minnis moved to amend the 6th section of the bill by strik¬
ing out the 17tli of June and inserting the first Monday in July,
which was agreed to.
The bill as adopted and amended then passed its third reading.
Ayes 20
Noes 4
Ayes
Noes.
17
7
Noe
16
33
Senators voting in the affirmative are:
Messrs. Allen, Bradford, Bumpass, Hildreth, Horn, Hunter,
Johnson, Lane, Mickley, Minnis, McClellan, McNeilly, Payne,
Richardson, Stanton, Stokes, Stovall, Thompson, Wood, and Mr.
Speaker Newman—20.
Those voting in the negative are :
Messrs. Boyd, Nash, Stokely, and Mr. Trimble—4.
Mr. Newman (Mr. Richardson in the Chair) moved that the
rule be suspended and the bill be ordered to be engrossed and
transmitted to the House of Representatives, which was agreed to.
Mr. Bumpass offered Senate Resolution No. 17, as follows:
Resolved by the Greneral Assembly of the State of Tennessee, That
Taz. W. Newman is authorized to make arrangements with the
Confederate States to arm a regiment organized by him for ser¬
vice ; that he is authorized to make the arrangement for the best
improved rifles, and any arrangement made by him, for said arms
for said regiment, amounting to 800 rifles, is fully author¬
ized by the General Assembly of Tennessee, and the General As¬
sembly most respectfully requests the Confederate States to fur¬
nish the same to said regiment.
On motion of Mr. JBumpass, the rule was suspended and the
resolution was taken up and adopted ; and,
On motion of Mr. Thompson, ordered to be transmitted to the
House of Representatives.
The consideration of Senate Resolution No. 16, which was post¬
poned this morning, was resumed.
On motion of Mr. Stokes, the second resolve was stricken out.
On motion of Mr. Stokes, the resolution was amended so as to
request the Governor to communicate to the General Assembly
any correspondence he may have with the Governor of Illinois,
in relation to the seizure of the steamer Hillnaan, at Cairo.
The resolution as amended was adopted.
On motion of Mr. Thompson, the rule was suspended, and the
resolution ordered to be engrossed and transmitted to the House
of Representatives.
Senate Resolution No. 14, providing for a Joint Select Commit¬
tee to prepare an address to the people, was taken up and
adopted; and,
On motion of Mr. Minnis, was ordered to be engrossed and
transmitted to the House of Representatives.
Senate Bill No. 3, to amend the militia law of the State, requir¬
ing Captains to give notice, passed second reading.
A message was received flom the House of Representatives, as
follows:
3 s
34
Mr. Speaker :
The House of Representatives has passed on third and last
reading, House Bill No. 1, to raise, organize and equip, a pro¬
visional force, and for other purposes, and ordered its immediate
transmission to the Senate for further action thereon.
And the same is hereby transmitted.
I am directed by the House of Representatives to transmit to
the Senate a communication, with a series of resolutions, for¬
warded to this General Assembly Irom Roane county ; also,
A petition from Giles county, praying this General Assembly,
to pass an ordinance of secession, and they are herewith accord¬
ingly transmitted.
On motion of Mr. Wood, the order of business was suspended,
and House Bill No. 1, to raise, organize and equip a provisional
force, and for other purposes, was taken up.
Mr. Wood asked and obtained leave to withdraw the bill.
Senate Bill No. 4, to establish a military organization, and arm
and equip the State, was taken up on second reading.
Mr, Wood offered House Bill No, 1, to raise, organize and equip
a provisional force, and for other purposes, in lieu of the bill under
consideration and the same was adopted, and passed upon its
second reading.
Senate Bill No. 5, to amend the charter of the city of Memphis
passed second reading.
On motion of Mr. Payne, fifty copies of HouseJBill No. 1, offer¬
ed in lieu of Senate Bill No. 4, and adopted, wrere ordered to be
printed for the use of the Senate.
Mr. Payne moved that three thousand copies of the Governor's
message be printed for the use of the Senate, which was agreed to.
On motion of Mr. Payne, House Bill No. 1, adopted in lieu of
Senate Bill, No. 4, was made the special order for to-morrow at
10 o'clock.
Proceedings and resolutions of public meetings held in the
counties of Giles, Jefferson, Knox, and Roane, were read and laid
on the table.
On motion of Mr. Payne, the Senate adjourned till 9 o'clock
to-morrow morning.
WEDNESDAY MORNING MAY 1, 1861.
The Senate met pursuant to adjournment.
The Journal of yesterday was read and confirmed.
35
Mr. Stokely asked and obtained leave to change his vote on
the final passage of Senate Bill No. 1, to submit to a vote of the
people a Declaration of the State of Tennessee, and to call a
Convention of the State, from the negative to the affirmative.
Geo. B. Peters, Senator from the counties of Hardin, McNairy,
and Hardeman, appeared and took his seat.
Mr. Peters asked and obtained leave to record his vote in the
affirmative upon the passage of Senate Bill No. 1, to submit to a
vote of the people a Declaration of the State of Tennessee, and
to call a Convention of the State.
Mr. Payne offered the following resolution,.Senate Resolution
No. 18: '
Resolved by the General Assembly of the State of Tennessee, That
the Governor be, and he is hereby authorized and requested to
appoint three Commissioners on the part of Tennessee, to enter
into a Military League with the authorities of the Confederate
States, and with the authorities of such other slaveholding States
as may wish to enter into it, having in view the protection and
defence of the entire South against the war that is now being
carried on against it.
On motion of Mr. Payne, the rule was suspended and the reso¬
lution taken up and adopted, and ordered to be engrossed and
transmitted to the House of Representatives.
Mr. Horn introduced Senate Bill No. 6, to regulate the time of
holding the Circuit, Chancery, and Supreme Courts of the State ;
which passed its first reading ; and,
On motion of Mr. Horn, was referred to the Committee on the
Judiciary.
Senate Resolution No. 15, to remove the injunction of secrecy,
was taken up ; when
Mr. Stokely asked and obtained leave to withdraw the same
for examination.
Senate Resolution No. 9, to bring about if possible a peacea¬
ble adjustment of present political difficulties, was taken up.
Mr. Stokely, by unanimous consent of the Senate, withdrew
the same from the calendar.
Mr. Stanton offered the following resolution, Senate Resolution
No. 19:
Resolved by the General Assembly of the State of Tennessee, That
the Hon. H. W. Hilliard is hereby respectfully requested to fur¬
nish a copy of his late address to this General Assembly in order
that the same may be published.
On motion of Mr. Stanton, the rule was suspended and the res¬
olution was tak§n up and adopted, and ordered to be engrossed
and transmitted to the House of Representatives.
Mr. Mickley from fthe BCommittee on Enrolled Bills, reported
36
as correctly engrossed Senate Bill No. 1, and Senate Resolutions
Nos. 14, 16, 17, 18, and 19.
Mr. Bradford moved that the Senate take a recess until 2 o'clock
P. M., which motion was agreed to.
AFTERNOON SESSION.
The Senate was called to order at 2 o'clock by the Speaker.
Mr. Newman (Mr. Lane in the Chair,) addressed the Senate as
follows :
Gentlemen of the\Senate :
Impelled by a sense of duty which I owe to my country, as
well as my own convictions as to the manner in which I may best
subserve its interest, 1 beg leave to resign my position as your
Speaker, in order that I may meet engagements which I have
made heretofore, as a volunteer in the military defence of the
South. It is gratifying to me to know that there are others with¬
in this Chamber upon whom the duties which I now resign will
devolve, and who are more competent to discharge the same than
myself. Nor do I feel that my presence or vote will be needed
in this body to carry out and effectuate the great objects for which
we have been convened. In the wisdom, discretion <and patriotism
of this body, I have the utmost confidence, and feel that the safe¬
ty and honor of Tennessee is in safe-keeping as long as it may
be committed to your care. My association with you has already
left impressions on my mind and my heart, which will go with me
through whatever battles I may meet, and comfort me in the most
trying hour of life, and will be buried with me, whether at home
or abroad. Yea, it will even Jast beyond the termination of my
life; for I will transmit it to my best friends and nearest relations,
and hope that they will cultivate and cherish the same warm
feelings of gratitude that I now entertain towards you all, for the
preferment you have heretofore given me, and for your kind
indulgence of whatever blunders and errors I may have com¬
mitted from time to time, as your presiding officer. If, at any
time, I have possibly given offence to the feelings of any Sena¬
tor, allow me to say that it would mortify my heart to know it.
I am certain that I never have intended to mar the feelings of
any Senator, and can but indulge the hope that I have not. I
3T
must be permitted to tender you this one more acknowledgment
of your kindness towards me, and while I go to defend the rights
and honor of the South at the point of the bayonet, I assure you
that the most grateful feelings and sentiments of my heart are
left with you, and I promise you that the same patriotic purposes
which control your action in this Assembly will control and ac¬
tuate me in the army wherever my humble services may be ac¬
cepted by my country. The interest and honor of the South ad¬
mits of no divisions or distinctions among Southern States. We
are all one in soil, institutions, sympathy and glory, and I shall
shoulder arms for any battle-field on the globe, where it is neces¬
sary to vindicate Southern honor. You will very much gratify me
to accept this my resignation.
On motion of Mr. Payne, the resignation of Mr, Newman as
Speaker of the Senate was accepted, and the thanks of the
Senate were tendered him for the able and impartial manner in
which he had discharged the duties of the position.
The Senate then went into an election for Speaker to fill the
vacancy occasioned by the resignation of Mr. Newman.
Mr. Thompson nominated B. L. Stovall, of the county of
Obion.
There being no other nominations, the Senate proceeded to
vote, with the following result:
For Mr. Stovall 21
For Mr. Richardson 1
Senators voting for Mr. Stovall are :
Messrs. Allen, Boyd, Bradford, Bumpass, Hildreth, Horn, Hun¬
ter, Johnson, Lane, Mickley, Minnis, McClellan, Nash, Payne,
Peters, Richardson, Stanton, Stokes, Stokely, Thompson, and Mr.
Wood—21.
For Mr. Richardson ;
Mr. Stovall—1.
Mr. Stovall having received a majority of all the votes cast,
was declared duly and constitutionally elected Speaker of the
Senate for the remainder of the term.
The Speaker elect was conducted to the Chair by Messrs.
Bradford and Johnson.
In assuming the duties of Speaker, Mr. Stovall addressed the
Senate as follows:
Gentlemen of the Senate :
Allow me to offer the members of the Senate my warmest
gratitude fotj^the generous confidence which they have reposed,
by calling mh, by their unanimous voice, to preside over the de¬
liberations of this body, for the remainder of the session. We
have recently been called together, in this extraordinary session,
38
to deliberate upon the most important questions which have ever
been presented to the people of Tennessee—involving, perhaps,
the destiny of our people, and the perpetuity of our institutions.
Thus far we have mingled together with a fraternal feeling and
unanimity, which have inspired every Senator's heart with grati¬
fication ; and it is my hopeful trust that during the remainder
of the session, the same spirit shall animate the action of every
Senator.
The gallant State for which we are legislating will soon take
her position amid the storm which overshadows the prospective
history of the country; and it is my ardent desire that we shall
all be united hereafter, as heretofore, in giving to her that posi¬
tion which shall not compromise her rights or violate her honor.
Distrustful, as any Senator must be in assuming the labors of
the position of your Speaker, I invoke your charitable indulgence
for apparent and real errors, and promise to discharge the trust
committed to me without " partiality, favor, or affection."
Ordered, That a message be sent to the House ot Representa¬
tives informing that body of the resignation of the Speakership,
by Mr. Newman, and the election of Mr. Stovall to that position.
Mr. Stokely moved that the injunction ot secrecy be removed
from the proceedings incident to the resignation and election of
Speaker, which motion was agreed to.
On motion of Mr. Payne, the vote adopting House Bill No. 1,
to raise, organize and equip a provisional force, and for other pur¬
poses, in lieu of Senate Bill No. 4, to establish a military organ¬
ization, and arm and equip the State, was reconsidered.
Mr. Payne moved that the vote passing House Bill No. ],in
lieu of Senate Bill No. 4, on Hts second reading, be reconsidered,
which motion was agreed to.
Blouse Bill No. 1, to raise, organize and equip a provisional
force, and for other purposes, was taken up and passed on its first
reading,
A message was received from the House of Representatives, by
Mr. Campbell, their clerk, as follows :
Mr. Speaker:
The Speaker of the Blouse of Representatives has signed
enrolled joint resolution, authorizing the Adjutant General to have
the use of a room in the Capitol; also,
Joint resolution to allow members and officers of the General
Assembly to draw their per diem and mileage; both of which are
herewith transmitted for the signature of the Speaker of the
Senate.
The House of Representatives has considered and adopted Sen¬
ate Resolution, directory to Governor Harris, in relation to opening
a correspondence with the Governor of Illinois by telegraph ; also,
39
Joint Resolution to appoint a Joint Select Committee to pre¬
pare an address to the people; and the Speaker of the House has
apointed on the part of the House of Representatives, the follow¬
ing Representatives on said committee, viz: Messrs, Gantt, Hurt,
Guy, Lea, Martin, Brazleton, Pickett, and Mr. Ewing, both of
which are herewith transmitted to the Senate for enrollment.
The Speaker appointed Messrs. Payne, Minnis, Richardson,
Stokes, and Mr. Wood, on the pait of the Senate, on the Joint
Select Committee to prepare an address to the people of Tennes¬
see, as provided for by Senate Resolution No. 14.
On motion of Mr. Stokes, the Senate adjourned until to-mor¬
row morning at 10 o'clock.
THURSDAY MORNING, MAY 2, 1861.
The Senate met pursuant to adjournment.
The Journal of yesterday was read and confirmed.
Messrs. Stokes and Richardson were excused fromBerving upon
the Joint Select Committee to prepare an address to the people of
Tennessee, and Messrs. Bradford and Stanton were appointed in
their stead on said committee.
A message v/as received from the House of Representatives, as
follows :
Mr. Speaker:
The House of Representatives has considered and tabled Sen¬
ate Resolution No. 17, to authorize Taz. W. Newman to make
arrangements with the authorities of the ^Confederate States ; also,
Has considered and adopted Senate Resolution No. 18, to
appoint Commissioners irom the State of Tennessee, to confer with
the authorities of the Confederate States in regard to entering into
a Military League, and the same is herewith returned to the Sen¬
ate for enrollment.
Mr. Payne offered the following resolution (Senate Resolution
No. 20,):
WriEREXfe, The present government of the United States has
made unprovoked war upon the State of Tennessee, as well as the
other slaveholding States, in violation of the Constitution, thereby
40
manifesting a purpose of subjugation, and believing that any
representation from this State in the Congress of the United States
would be dishonoring to the State : Therefore,
Resolved by the General Assembly of the State of Tennessee, That
our Senators in Congress be urgently requested to resign their
seats, and in nowise to countenance by their presence, the legis¬
lation of a government that has resolved itself into a military des¬
potism.
On motion of Mr. Payne, the rule was suspended and the resolu¬
tion was taken up.
On motion of Mr. Hildreth, the resolution was referred to the.
Joint Select Committee on Federal Relations.
Mr. Hildreth offered the following resolution (Senate Resolu¬
tion No. 21.):
Resolved by the General Assembly of the State of Tennessee, That
the injunction of secresy be removed as to the bill submitting a
Declaration to a vote of the people, and to call a Convention.
On motion of Mr. Payne, the rule was suspended and the reso¬
lution taken up.
Mr. Payne moved to lay the resolution on the table, on ■which
motion, Mr. Hildreth demanded the ayes and noes, which were
ordered and resulted:
Ayes
Noes
Senators voting in the affirmative are :
Messrs. Allen, Bumpass, Hunter, Johnson, Lane, Mickley, Min*
nis, McClellan, McNeilly, Payne, Peters, Stanton, Stokes, Stokely,
Thompson, Wood, and Mr. Speaker Stovall—17.
Those voting in the negative are:
Messrs. Boyd, Bradford, Hildreth, Nash, Richardson, and Mr.
Speaker Trimble—6.
So the resolution was laid on the table.
Mr. Minnis, from the Committee on the Judiciary, reported
back Senate Bill No. 2, in relation to the payment of interest on
State bonds owned by parties in the Northern States,with a recom¬
mendation by a majority of the committee that it be rejected, the
chairman dissenting from the recommendation.
Mr. Minnis from the Judiciary Committee, reported back Sen¬
ate Bill No. 6, to regulate the time of holding the Circuit, Chan¬
cery, and Supreme'Courts of the State, the majority of the com¬
mittee recommending its rejection.
Mr. Thompson from? the Select Committee, to whom was refer¬
red the petitions of Geo. W. Harris, and Dr. R, Thompson, in
relation to inventions in gunnery made by them, reported as fol¬
lows :
The undersigned to whom was referred the petition of Geo. W.
17
.. 6
41
Harris, in reference to an original invention of his, of a model for
a cannon, submits the following report:
We are satisfied from the examination which we have made,
that this* gun can be made at any establishment where ordinary
cannon are constructed, and of ordinary material—can be used
with grape, canister, roundshot and shell. If rifled, it possesses
the great advantage of the patched ball, precisely similar to the
old fashioned rifle, being perhaps the only breach-loader yet in¬
vented, accomplishing this end. The sight is taken through the
gun, being open from end to end, thus giving, as we think, accu¬
racy in taking the direction and bearing, together with power,
efficacy and safety in the construction of the tube. It is com¬
posed of but three pieces, and each one strong, simple, and dura¬
ble—one fourth of the whole weight can be instantly taken off,
and thus facilitate rapid charges.
Mr. Harris represents that it can be fired with perfect safety
fifteen times per minute, and being a truthful and reliable man,
we give credit to his representations.
From all appearances, raw recruits may be taught to use this
gun in an hour. It most assuredly must be so constructed that
firing will be rapid, its management simple, and its cost com¬
paratively cheap.
Mr. Harrs proposes to render any assistance by personal su¬
perintendence of its construction, for the sake of Tennessee, without
compensation, only asking the privilege of doing so.
Mr. Harris thinks $250 will be about the cost of constructing a
three or four pounder, but his means are not sufficient to allow
him to do so at his own cost.
The committee therefore recommend, that an appropriation be
made to construct a test gun, and if it shall prove to be as effica¬
cious as represented, they recommend that the Legislature make
such arrangements as will secure the manufacture of such num¬
ber as the interest of the (State and the exigency of the times shall
demand.
Respectfully submitted,
JAS. L. THOMPSON, Chairman.
May 2, 1861.
Mr. Payne introduced Senate Bill No. 7, to incorporate the
Tennessee Arms Company, which passed its first reading.
House Bill Mo. 1, to raise, organize and dquip a provisional
force and for other purposes, was taken up on second reading.
Mr. McNeilly moved to insert after the words " of whom," in
the first section, the following : or any less number which the
wants of the'service may require, which was agreed to.
Mr. Peters moved that the second paragraph ot the 25th section
be amended by inserting after the word " therefore," the fol-
42
lowing words : and wherever the words "President of the United
States" occur, the words the Governor of the State of Tennessee,
shall be substituted therefor; which motion was agreed to,
Mr. Peters offered the following additional sections to the bill,
to be inserted between the 17th and 18th sections.
Sec, —. Be it further enacted, That a Board of Inspectors shall
be appointed to inspect volunteer troops before they are mustered
into service, consisting of the three senior regimental officers pre¬
sent on duty with the troops, including the commanding officer
and the senior medical officer of the army present.
Sec. —. Be it further enacted, That before any volunteers are
mustered into service, the Board of Inspectors provided in this
act shall determine the physical and mental ability of each man,
and report the result of their inspection to the officer appointed to
muster said volunteers into service.
Which amendments were adopted.
Mr. Lane moved to strike out the word " enrollment," in the last
line of the 28th section of the bill, and insert the following words:
"leaving their respective places of abode for rendezvous," also to
strike out in the third line of the 29th section of the printed bill
the word " shall" and insert the words may be at the discretion of
the Governor and Military Board ; which amendments were re-
fern d to the Joint Select Committee on Military Affairs.
Mr. Minnis offered the following amendment, to be inserted
after the word " arms" in the 7th line of the printed bill, and have
the power to purchase one or more powder mills for the manufac¬
ture of powder, if in their judgment, with the advice of the Mili¬
tary Board the same shall be necessary for the interest and safety
of the State.
The amendment was referred to the Joint Select Committee on
Military Affairs.
Mr. Payne offered the following amendments which were read,
and referred to the Joint Select Committee on Military Affairs.
Seo.—. Be it further enacted, That Gen. S. R. Anderson, Gen.
Washington Barrow and Major G. A. Henry, shall be, and are,
hereby appointed Commissioners with full power to purchase the
property known as the Sycamore Powder Mills.
Sec.—. Be it further enacted, That the foregoing Commissioners
be, and hereby are authorized to take into consideration the pro¬
priety of purchasing the property of Pa.tton Howell, of Jefferson
county, or erecting a factory for manufacturing guns upon his
premises.
The bill as amended was then passed on its second reading,
and with the pending amendments recommitted to the Joint Se¬
lect Committee on Military Affairs.
Senate Bill No. 6, to regulate the time of holding the Circuit,
Chancery and Supreme Courts, passed second reading.
43
Senate Bill No. 3, to amend the militia laws of the State, re¬
quiring captains to give notice, was taken up on its third reading
and referred to the Joint Select Committee on Military Affairs.
A message was received from the House of Representatives as
follows:
Mr. Speaker :
The House of Representatives has considered Senate Resolu¬
tion No. 3, providing for printing Hardee's and Scott's Military
Tactics for the use of the State.
And after having adopted two amendments thereto, concurred
in the same, which with the amendments thereto (under order of
the House,) is returned to the Senate for concurrence.
The House has adopted House Resolution No. 20, authorizing
B. R. Johnson and J. E. R. Ray, to compile such books as will be
required for the military of the State, and the same is herewith
immediately transmitted to the Senate for concurrence as ordered
by the House.
I am directed by the House to transmit to the Senate, a series
of resolutions from Blount county, and they are herewith trans¬
mitted.
The House has considered and concurred in Senate Resolution
No. 19, to request a copy of the address of the Hon. H. W. Hil-
liard to this General Assembly for publication, and the same is
herewith returned for enrollment.
House message returning Senate Resolution No. 3, to print
Hardee's and Scott's Military Tactics for the use of the State,
with amendments, was taken up and the amendments concurred
in and the resolution ordered to be enrolled.
House Resolution No. 20, authorizing B. R. Johnson and J. E.
R. Ray, to compile such books as maybe required by the military
of the State, was taken up ; and,
On motion of Mr. Stokes, was referred to the Joint Select Com¬
mittee on Military Affairs,
Mr. Mickley from the Committee on Enrolled Bills, reported
the following joint resolutions as correctly enrolled, viz :
Joint resolution requesting Governor Harris to open a corres¬
pondence with the Governor of Illinois, relative to the seizure of
the steamer Hillman.
Joint resolution to appoint a Joint Select Committee to prepare
an address to the peopie of Tennessee.
Joint resolution to appoint Commissioners from the State of
Tennessee to confer with the authorities of the Confederate States
of America, in relation to entering into a Military League.
44
The proceedings of a meeting of the citizens of Blount county,
were read and ordered to lie on the table.
On motion of Mr. Stokely, the Senate adjourned until to-morrow
morning at 9 o'clock.
FRIDAY MORNING, MAY 3, 1861.
The Senate met pursuant to adjournment.
The Journal of yesterday was read and confirmed.
Mr, Stovall (Mr, Allen in the Chair), offered the following reso¬
lution (Senate Resolution No. 22,):
Resolved by the General Assembly of the State of Tennessee, That
in view of the large number of Black Republican troops now in
the occupation of the city of Cairo, Illinois, and the additional
number thar. may be speedily concentrated there, and of the prox¬
imity of said city of Cairo to the northern boundary of West
Tennessee, and the facilities for invading that division of our
State by the Mississippi river and Mobile and Ohio Railroad, and
in view of the unarmed and defenceless condition of that sec¬
tion of the State, it is the opinion of the General Assembly, that
a wise foresight and prudent precaution, demand that an armed
force be stationed without delay at Union City, in Obion county,
or some other suitable point near our northern border; and that
such other means of defence in the way of fortifications or other¬
wise, be adopted as will best enable us to successfully resist any
invasion which may be attempted by our enemies from said city
of Cairo, and that the Executive be requested to carry out these
suggestions.
On motion of Mr. Stovall, the rule was suspended and the reso¬
lution was taken up, and referred to the Joint Select Committee on
Military Affairs, g
Mr. Thompson, from the Select Committee to whom was re¬
ferred the petition of Dr. Rezin Thompson, reported as follows :
The Special Committee to whom were referred the improve¬
ment in gunnery, offered by Dr. nezin Thompson, have had under
inspection the same, and although they were not presented with a
perfect model for the want of lime for the inventor t© make a practi¬
cal display of the merits claimed for the gun, yet he demonstrated
45
to your committee the following improvements: it can be discharged
with precision ranging the whole horizon, at least forty times per
minute. It is not subject to accident, it is but little heavier than
an ordinary cannon of the same calibre; it does not heat by
rapid firing; it can be made to act as a rifle cannon; it is self-
loading and requires but three men to manage it efficiently ; it is
easily understood and simple of construction ; the cost of con¬
struction will be but little more than a single shooter, we believe
the gun is worthy the consideration of the Legislature of Ten¬
nessee, and as the inventor freely tenders to this State the privi¬
lege of manufacturing and using hie^ improvement, and is willing
to superintend the manufacture of the same. Your committee
believe it would be wise policy on the part of this Legislature to
make an appropriation to test the merits of this gun as claimed
by the inventor, in connection with the improvement of G. W.
Harris, upon which your committee have already reported ; they
would recommend that an appropriation of one thousand dollars
be made to be placed in the hands of the Military Board of this
State to test fairly and fully the improvements in gunnery presented
by the inventors. All of which is respectfully submitted.
J AS. L. THOMPSON, Chairman Committee,
Mr. Stokely offered the following resolution (Senate Resolution
No. 23):
Resolved, That the General Assembly of the State of Ten¬
nessee, will adjourn sine die, on Monday the 6th day of May,
1861, at 2 o'clock P. M.
The resolution lies over under the rule.
Senate bill No. 7, to incorporate the Tennessee Arms Company,
passed its second reading.
Senate bill No. 2, in relation to the payment of interest on State
bonds owned by parties in the Northern States, was taken up on
its third reading.
Mr. Minnis moved to strike out all after the enacting clause of
the bill and insert the following :
That all laws or parts of laws now in existence in the State of
Tenn essee, requiring the Governor to appoint a receiver to take
charge of railroads and railroad assets, for the non-payment of the
accuring interest on State bonds endorsed for or loaned to said
roads, be so amended that the Governor may or may not appoint
such receiver, at his discretion. £
Sec. 2. Be it further enacted, That this act take effect from
and after its passage.
Which-amendment was adopted.
The bill as amended, then passed its third reading.
Ayes 19
Noes • • • 1
46
Senators voting in the affirmative are:
Messrs. Boyd, Bradford, Bnmpass, Horn, Hunter, Johnson, Lane,
Minnis, McClellan, McNeilly, Nash, Payne, Peters, Richardson,
Stanton, Stokes, Stokely, Stovall, and Mr. Thompson—19.
Those voting in the negative are:
Mr. Hildreth—1.
On motion of Mr. Minnis, the rule was suspended, and the bill
was ordered to be engrossed and transmitted to the House of
Representatives.
Mr. Payne from the Joint Select Committee on Federal Rela¬
tions, reported back Senate Resolution No. 20, requesting our
Senators in Congress to resign their seats, and recommended its
adoption.
Senate Resolution No. 20, requesting our Senators in Congress
to resign their seats, was taken up.
On the adoption of the resolution, Mr. Bradford demanded the
ayes and noes, which were ordered, and resulted :
Ayes
Noes 9
Senators voting in the affirmative are :
Messrs. Bumpass, Horn, Hunter, Johnson, Lane, Minnis,
McNeilly, Payne, Peters, Stanton, Thompson, Wood, and Mr.
Speaker Stovall—13.
Those voting in the negative are :
Messrs. Allen, Boyd, Bradford, Hildreth, McClellan, Nash,
Richardson, Stokes, and Mr. Stokely—9.
So the resolution was adopted.
On motion of Mr. Thompson, the rule was suspended, and the
resolution ordered to be engrossed and transmitted to the House
of Representatives.
Mr. Richardson offered the following protest, which was or¬
dered to be spread upon the Journal:
PROTEST.
The undersigned voted against the resolution requesting our
Senators to resign their seats in the Congress of the United
States, because they believe it ought not to be passed by the Leg¬
islature, while the Declaration of Independence of the State from
the Government of the United States is pending before the peo¬
ple for ratification or rejection. To vote for the resolution before
the ratification, would be speaking in advance of the action of
the people.
Under existing circumstances, the undersigned are free to con¬
fess, that, if they were Senators in Congress, they would not take
their seats; and, as the people will act upon the question before
the meeting of Congress, they believe that the General Assembly,
at this session, ought not to give any instructions on the subject.
47
And as it is necessary to secure the united action of the people
in the protection and defence of the State against all hostile ag¬
gressions and invasions, they think it impolitic and unwise to give
such instructions at this time. If the Senators should, after the
people declare their independence of the General Government,
take their seats in the Congress, then the ensuing Legislature can,
and, doubtldss will, dispose of the subject.
Under these impressions, they think it impolitic to pass this
resolution ; and, therefore, protest against it, preferring to leave
our Senators to act upon their own responsibility for the present.
Y. S. ALLEN.
JORDAN STOKES.
W. M. BRADFORD.
GEO. R. McCLELLAN.
JNO. W. RICHARDSON.
R. T. HILDRETH.
A message was received from the House of Representatives
by Mr. Campbell, their Clerk, as follows :
Mr. Speaker :
The House of Representatives has adopted House Resolution
No. 18, directing the Governor to issue to Capt. Sevier's company
ninety-four Minnie guns; also,
House Resolution No. 24, for the concentration of armed
troops at Union City, in Obion county, or near the Northern
boundary of West Tennessee; both of which are herewith trans¬
mitted to the Senate for concurrence.
The Speaker of the House of Representatives has signed the
following joint resolutions, viz :
Joint resolution requesting Governor Harris to open a corres¬
pondence by telegraph with the Governor of Illinois, in relation
to the seizure of the cargo of the steamer C. E. Hillman, at
Cairo ;
Joint resolution to appoint Commissioners from the State of
Tennessee to confer with the authorities of the Confederate States,
in regard to entering into a Military League ;
Joint resolution to appoint a joint select committee to prepare
an address to the people of Tennessee;
Joint resolution to request a copy of the address of the Hon.
H. W. Hilliard to the General Assembly for publication ;
Joint resolution directing the printing of Hardee's Military Tac¬
tics for the use of the State.
All of said enrolled resolutions are herewith transmitted for
the signature of the Speaker of the Senate.
Senate Bill No. 6, to regulate the time of holding the Circuit,
48
Chancery, and Supreme Courts of the Slate, was taken up on
third reading.
Mr. Minnis offered a bill in lieu, which was adopted, and the
bill passed 'its third reading.
Ayes 14
Noes • 7
Senators voting in the affirmative are :
Messrs. Allen, Bradford, Bumpass, Horn, Hunter, Minnis, Mc-
Neilly, Payne, Peters, Stanton, Stokely, Thompson, Wood, and
Mr. Speaker Stovall—14.
Those voting in the negative are:
Messrs. Boyd, Hildreth, Johnson, Lane, Nash, Richardson,
and Mr. Stokes—7.
On motion of Mr. Minnis, the rule was suspended and the bill
ordered to be engrossed and transmitted to the House of Repre¬
sentatives.
House Resolution No. 18, to authorize the Governor to issue
ninety-four Minnie rifles to Capt. Sevier's company of volunteers
was taken up; and,
On motion of Mr. Wood, was passed over informally.
House Resolution No. 24, requesting the Governor to send a
force to Union City, in Obion county, or to the neighborhood, for
the protection of that portion of the country from invasion, was
taken up; and,
On motion of Mr. Stokes, was laid on the table.
On motion of Mr. Horn, the Senate took a recess till 3 o'clock
P.M.
AFTERNOON SESSION.
The Senate was called to order at 3 o'clock by the Speaker.
Mr. Payne moved to reconsider the vote ordering the transmis¬
sion of Senate Resolution No. 20, requesting our Senators in Con¬
gress to resign their seats, to the House of Representatives ; which
motion was agreed to.
On motion of Mr. Payne, the vote adopting the resolution was
reconsidered.
49
Mr. Payne was allowed to withdraw the resolution from the
calendar, by the unanimous consent of the Senate.
Mr. Lane, from the Joint Select Committee on Military Affairs,
reported as follows:
Mr. Speaker :
The Joint Select Committee on Military Affairs to whom was
referred House Bill No. 1, to raise, organize and equip a provis¬
ional force, and for other purposes, with various amendments,
have had the same under consideration, and recommend the adop¬
tion of amendments from No. 1 to 15, inclusive.
J. T. LANE, Chairman.
A message was received from the House of Representatives by
Mr. Campbell, their Clerk, as follows :
Mr. Speaker :
The House of Representatives has passed on third and last
reading House Bill No. 7, to repeal section 96 of the militia law
of Tennessee, passed the 28th day of January, 1840; also, House
Bill No. 6, to defray the expenses of the General Assembly, and
the same are herewith transmitted for the consideration of the
Senate.
house bills on first reading.
House Bill No. 6, to defray the expenses of the General Assem¬
bly, passed its first reading, and was referred to the Committee
on Ways and Means.
House Bill No. 7, to repeal section 96 of the militia law of
Tennessee, passed the 28th of January, 1840, passed first reading.
House Bill No. 1, to raise, organize and equip a provisional
force, and for other purposes, was taken up on third reading.
Mr. Stanton moved to consider the bill section by section; which
motion was agreed to.
Section 1st was read and adopted.
Section 2d was read.
Mr. Stokes offered the following in lieu of the first sentence of
the section :
Sec. 2. Be it further enacted, That in the performance of this
duty, the Governor shall take charge of the military, direct the
military defence of the State, organize the different arms, and,
with the concurrence of the Military and Financial Board, herein¬
after provided for, control the military fund, make contracts for
arms, ordnance, ordnance stores, procure materials for the con¬
struction of. arms, employ artificers, organize one or more armo¬
ries for the construction of arms, and do all things necessary for
4 s
50
the speedy and efficient organization of a force adequate for the
public safety ; which was adopted.
The committee's amendment to add to the section the following
words, was adopted :
And appoint such number of clerks as may be necessary, under
such rules and regulations as they may adopt.
Mr. Stokes moved to strike out in the last clause of the section
the words," subject to his control which motion prevailed,
The second section as amended was adopted.
The third section was read.
Mr. Stokes offered the following section in lieu :
Sec. 3. Be it further enacted, That the force provided for by
this act shall be organized into regiments, brigades and divisions,
the whole to be commanded by the Senior Major General, who
shall immediately enter upon the duty of organizing the entire
force for the field.
Which was adopted.
The section as amended was then adopted.
The 4th section was read.
The recommendation of the committee to add to the section the
following was concurred in :
And that the rank of Quartermaster General, Inspector General,
Adjutant General, and Commissary General shall be that of Colo¬
nel of Cavalry, and the rank of their assistants shall be that of
Lieutenant Colonel, Major, and Captain of Infantry.
The section as amended was adopted.
Section 5th-was read.
The recommendation of the committee to strike out the word
" Board," wherever it occurs in the section, and insert Depart¬
ment, was concurred in.
The section as amended was adopted.
Section 6th was read.
Mr. Stokes offered the following section in lieu :
Sec. 6. Be it further enacted, That there shall be two Major
Generals, and such number of Brigadier Generals as the proper
and efficient command of said force may require, who shall be
nominated by the Governor, and confirmed by the General As¬
sembly, with power to appoint their own staff, and a Chief of En¬
gineers, with such assistants as the service may require, to be
nominated and confirmed in the same manner; which was
adopted.
The section as amended was adopted.
The 7th section was read ; and,
On motion of Mr. Stokes, was stricken out.
The 8th and 9th sections were read and adopted.
The 10th section was read.
51
Mr. Payne moved that the blank in said section be filled by the
insertion of the word ten ; which was agreed to.
On motion of Mr. Payne, the section was farther amended by
inserting after the word " and," in the 5th line of the section in
the printed bill, the words, and also an additional tax of fifty per
cent. on.
The section as amended was adopted.
Sections 11 to 15 inclusive, were read and adopted.
Section 16th was read.
Mr. Richardson moved to strike out the word " six," in the 4th
line of the section, in the printed bill, and insert three; which was
agreed to.
The section as amended was adopted.
Sections 17th and 18th were read and adopted.
Section 19th was read.
The recommendation of the committee to amend by inserting
after the word '' regiment," in the 9th line of the section, in the
printed bill, the words, by the Colonel, and to strike put in the last
line the word " elected," and insert selected, was concurred in.
The section as amended was adopted.
Section 20th was read and adopted.
Section 21st was read; and,
On motion of Mr. McOlellan, was stricken out.
Section 22d was read.
The recommendation of the committee to strike out in the 38th
line of the section, in the printed bill, the word u second," and in¬
sert same, was concurred in.
The section as amended was adopted.
Section 23d, 24th and 25th were read and adopted.
Section 26th was taken up and read. •
Pending the question on its adoption, on motion of Mr. Payne,
the further consideration of the bill was postponed until to-morrow
mofning.
On motion of Mr. Stokely, the Senate adjourned until to-mor¬
row morning at 9 o'clock.
52
SATURDAY MORNING, MAY 29, 1861.
The Senate met pursuant to adjournment.
The Journal of yesterday was read and confirmed.
Mr. Payne offered the following resolution (Senate Resolution
No. 24,):
Resolved by the General Assembly of the State of Tennessee, That
so much of a resolution heretofore passed by the Assembly re¬
quiring the Secretary of State to procure-the publication of Har¬
dee's Tactics, by letting out the work to the lowest bidder be, and
the same is hereby repealed, and that the publication be made
under the contract with the public printers, as in other cases of
public printing.
On motion of Mr. Payne, the rule was suspended, and the reso¬
lution taken up and referred to the Committee on the Judiciary.
Mr. Payne offered the following resolution (Senate Resolution
No. 25,):
Resolved by the General Assembly of the State of Tennessee, That
the refusal of his Excellency, Isham G. Harris, to call an elec¬
tion for members to Congress meets with our unqualified approval,
believing such a course due to the honor of the State, and de¬
manded by the wishes of the people.
On motion of Mr. Payne, the rule was suspended and the reso¬
lution taken up.
Mr. Stokely moved that the resolution be referred to the Com¬
mittee on Federal Relations ; which motion was disagreed to.
The resolution was adopted ; and,
On motion of Mr. Payne, the rule was suspended and the reso¬
lution ordered to be engrossed and transmitted to the House of
Representatives.
The unfinished business of yesterday, being House Bill No. 1,
to raise, organize and equip a provisional force, and for other pur¬
poses, was resumed, the question being upon the adoption of the
26th section of the bill.
The 26th section of the bill was adopted.
The 27th section of the bill was read.
The re9ommendation of the Joint Select Committee on Millitary
Affairs to add to the section the following words: and such flags
and banners as may be nescessary, was concurred in, and the
section as amended was adopted.
The 28th section was read.
The Joint Select Committee on Military Affairs recommend an
addition to the section in the following words : and the command-
53
ing officer of Artillery may appoint recruiting officers to muster
into service recruits, to be assigned to companies afterwards, who
shall receive pay and subsistence from the time of enrollment.
The recommendation of the committee was concurred in, and the
section as amended was adopted.
The 29th section was read.
The recommendation ot the Joint Select Committee on Military
Affairs, to strike out in the 3d line of the section, in the printed bill,
the word " shall," and insert may, was concurred in.
Mr. Payne moved to amend the section by adding the following
words : Provided, That in all cases where regiments shall have pre¬
viously organized and elected their officers, such organization and
election may be treated by the Governor as good and valid; which
amendment was adopted.
The section as amended was adopted.
The 30th, 31st, 32d, 33d, and 34th sections were read and
adopted.
On motion of Mr. Peters, the vote adopting his amendment of¬
fered yesterday, to be inserted between the 17th and 18th sec¬
tions of the bills, was reconsidered, and the amendment rejected.
The Joint Select Committee on Military Affairs offered the fol¬
lowing as section 35 of the bill, which was adopted :
Sec. 35. Be it further enacted, That to enable the County
Court to carry into effect without delay, the provisions of the
14th, 15th, and 16th sections of this act, the Chairman of the
County Court is empowered to assemble, at any time, the mem¬
bers'of the Quarterly Court, who, when assembled, shall have all
the powers exercised by them at the regular Quarterly Session.
The following amendments to compose sections 36 and 37 of
the bill, submitted by the Joint Select Committee on Military Af¬
fairs were adopted :
Sec. 36. Be it further enacted, That it shall be the duty of the
Inspector General of the State, to be appointed under this act,
and such assistants as the Governor may appoint, to muster into
the service of the State of Tennessee, each company and regi¬
ment after the same are inspected, at such times and places as
the Governor shall designate; and when said troops are so mus¬
tered into the service of the State, they shall be subject to all the
rules and articles of war, as adopted by this act.
Sec. 37. Be it further enacted, That it shall be the duty of each
Captain, upon being mustered into the service, to furnish a complete
roll of the officers and men in his company to the Inspector Gen¬
eral, who shall file one copy of the same in the Adjutant General's
office, and one copy to be delivered to the Colonel of each
regiment when formed, and it shall be the duty of the Adjutant
General to furnish blank forms to the Captains of companies.
54
Mr. Payne offered'the following amendment, to compose the
38th section of the bill; which was adopted, viz :
Sec. 38 Be it further enacted, That the corporate authorities of
towns and cities are hereby empowered and authorized to levy a
military tax upon personal and real estate, not to exceed the one-
half of one per cent, and on privileges not greater than one-half
the amount now paid to the State, such money so to be raised
shall be used for military purposes, under the direction of the
authority so levying and collecting the same.
On motion of Mr. Stokely, the vote by which the word "same,"
in the 38th line of the 22d section, was stricken out and the word
second substituted therefor, was reconsidered.
Mr. Stokes moved that the recommendation of the committee
be non-concurred in ; which motion prevailed.
Mr. Payne offered the following amendment, to compose the
39th section of the bill ; which was adopted, viz:
Sec. 39. Be it further enacted,That the Governor, by and with the
consent of the Military or Financial Board or Bureau, shall be au¬
thorized to purchase and carry on any manufactory or manufacto¬
ries of gunpowder which may be deemed necessary for the use of
State, purchase or lease any interest in any lead, saltpetre, or
other mines, and work the same for the use of the State; and may
also, in the name of the State, make contracts for the manufac¬
ture of fire arms or any other munitions of war to be manufac¬
tured in the State, and make such advancements in payment for
the same jas may be deemed advisable to insure the ready and
speedy supply thereof for the use of the State : Provided, that
when such contract is made or entered into, the individual or com¬
pany making the same shall give bond and security for the repay¬
ment thereof, if the arms or other munitions of war for which such
advancement may be made, shall not be furnished within the time'
agreed upon for their delivery, or shall not be of the character
contracted for.
Mr, Payne offered the following amendment, to compose the
40th section of the bill; which was adopted, viz:
Sec. 40. Be it jurther enacted,That for the purpose qf aiding in
supplying the State with arms for the public defence, that the act
of 30th January, 1861, incorporating the Memphis Arms Company
be, and the same is hereby confirmed, and the corporators declared
to be entitled to exercise all the rights and privileges intended to
be given by said act; and it is further enacted, that M. W. Clus-
ky, John Overton, Robert C. Brinkley, Sam. Tate, Moses J. Tricks,
Robertson Topp, Wm. R. Hunt, Fred. W. Smith, J. E. R. Ray,
Moses White, and Edmund Mumford be added to the list of cor¬
porators.
Mr. Stanton offered the following amendment, to compose the
41st section of the bill; which was adopted, viz :
55,
Sec. 41. Be it further enacted, That the Governor, and all other
authorities having charge of finances in the movement contem¬
plated by this act, shall make full reports to the General Assembly
of the State, of the amounts expended as well as the various pur¬
poses for which said expenditures may have been made.
Mr. Thompson moved to reconsider the vote-adopting the 5th
section of the bill; which was agreed to.
Mr. Thompson then offered the following in lieu of the 5th sec¬
tion ; which was adopted, viz:
Sec. 5th. Be it further enacted, That there shall be organized
by the Governor, a Medical Board, consisting of a Surgeon Gen¬
eral and two other Surgeons, the members of which Board shall be
nominated by the Governor, and confirmed by the General As¬
sembly, who shall examine all applicants for Surgeon and Assist¬
ant Surgeon, and certify their qualifications to the Governor for
commission in said service, and which Board shall be subject to
field service as other Surgeons of the army. And the said Board
are hereby directed, other things being equal, tc recommend from
volunteer forces such Regimental Surgeons and Assistants as the
service may require.
Mr. Trimble moved to reconsider the vote adopting the second
section of the bill; which motion faliled.
The bill as amended and adopted then passed its third reading.
Ayes 18
Noes 5
Senators voting in the affirmative are :
Messrs. Allen, Bradford, Burnpass, Horn, Hunter, Johnson, Lane,
Minnis, McClellan, McNeilly, Payne, Peters, Richardson, Stanton,
Stokes, Thompson, Wood and Mr. Speaker Stovall—18.
Those voting in the negative are :
Messrs. Boyd, Hildreth, Nash. Stokely and Mr. Trimble—5.
On motion of Mr. Burnpass, the rule was suspended, and the
bill ordered to be .returned to the House of Representatives for
further action thereon.
House Resolution No. 18, to authorize the Governor to issue to
Capt. Sevier's company of Davidson county, ninety four Minnie
rifles, was taken up and concurred in by the Senate.
On motion of Mr. Burnpass, the rule was suspended, and the
resolution ordered to be returned to the House of Representa¬
tives for enrolment.
Mr. Lane from the Joint Select Committee on Military Aflairs,
reported back Senate Resolution No. 22, relative to the stationing
of troops at or near Union City, in Obion county, and recom¬
mended its rejection.
Senate Resolution No. 22, was then taken up ; and,
56
On motion of Mr. Lane, was laid on the table.
Mr. Bradford, from the Committee on Enrolled Bills, reported
as correctly engrossed Senate Bills Nos. 2 and 6.
Mr. Wood from the Committee on Ways and Means reported
as follows:
Mr. Speaker :
The Committee of Ways and Means to whom was referred
House Bill No. 6, to defray the expenses of the General Assembly,
have had the same under consideration, and after filling several
blanks recommend its passage.
May 4, 1861. ED. J. WOOD, Chairman.
House Bill No. 7, to repeal section 96 of the Militia Law of
Tennessee, passed 28th January 1840, passed second reading.
House Bill No. 6, to defray the expenses of the General As¬
sembly, passed second reading; and,
On motion of Mr. Stokely, was recommitted to the Committee
on Ways and Means.
House Resolution No. 20, to appoint J. E. R. Ray and B. R.
Johnson to compile books required by the militia of the State,
was taken up, and on motion of Mr. Lane, was laid on the table.
Senate Bill No. 3, to amend the Militia Law of the State, re¬
quiring captains to give notice, was taken up, and passed on third
reading.
Ayes 19
Noes 1
Senators voting in the affirmative are:
Messrs. Allen, Boyd, Bradford, Bumpass, Hildreth, Horn, Hun¬
ter, Johnson, Lane, Minnis, McClellan, McNeilly, Payne, Peters,
Richardson, Stanton, Thompson, Wood, and Mr. Speaker Stovall
—19.
In the negative are:
Mr. Nash—1.
On motion of Mr. Stokely, the rule was suspended, and the
bill ordered to be engrossed and transmitted to the House of
Representatives.
On motion of Mr. Richardson, the Senate adjourned until
Monday morning 10 o'clock.
57
MONDAY MORNING, MAY 6, 1861.
The Senate met pursuant to adjournment.
On motion of Mr. Payne, the reading of the Journal was dis¬
pensed with.
House Bill No. 7, to repeal section 96 of the Militia Law
of Tennessee passed January 28th, 1840, was taken up and
passed third reading.
Ayes 16
Noes 2
Senators voting in the affirmative are:
Messrs. Allen, Bradford, Bumpass, Hildreth, Hunter, Johnson,
Lane, Minnis, McClellan, Payne, Richardson, Stanton, Stokely,
Thompson, Wood and Mr. Speaker Stovall—16.
Those voting in the negative are :
Messrs Bovd and Nash—2.
On motion of Mr. Minnis, the rule was suspended, and the bill
ordered to be returned to the House of Representatives for enrol¬
ment.
Mr. Bradford, from the Committee on Enrolled Bills, reported
as correctly engrossed Senate Resolution No. 25.
Mr. Stanton offered Senate Resolution No. 26, as follows :
Resolved by the General Assembly of the State of Tennessee,
That of the copies of Hardee's Military Tactics ordered to be
printed, one copy to each of the Senators and Representatives of
this General Assembly be, and the same is hereby ordered to be
printed.
On motion of Mr. Stanton, the rule was suspended, and the
resolution taken up and adopted.
On motion of Mr. Stanton, the rule was suspended, and the
resolution ordered to be engrossed and transmitted to the House
of Representatives.
A message was received from the House of Representatives as
follows:
Mr. Speaker:
The House of Representatives has passed on third and last
reading House Bill No. 5, to prevent the collection of debts due
by citizens of Tennessee, to citizens of the non-slaveholding
States during hostilities; also House Bill No. 8, to amend section
58
4743 of the Code of Tennessee, and ordered their immediate
transmission to the Senate for further action thereon ; and they
are herewith transmitted.
The House of Representatives has considered and passed on
third reading, Senate Bill No, 1, to submit to a vote of the people
a Declaration of the State of Tennessee, and to call a Convention
of the State; and has materially amended the same, and ordered
its immediate return with the amendments to the Senate for con¬
currence, which is herewith returned.
The Speaker of the House of Representatives has signed en¬
rolled resolution authorizing the Governor to issue to Capt. Sevier's
company ninety-four Minnie guns, and the same is herewith trans-
mitted to the Senate for the signature ot the Speaker of the
Senate.
House Bill No. 5, to prevent the collection of debts due by
citizens of Tennessee, to citizens of non-slaveholding States,
during hostilities, was taken up and passed its first reading;
and, on motion of Mr. Trimble, was referred to the Committee on
the Judiciary.
House Bill No 8, to amend section 4743 of the Code of Ten¬
nessee, was taken up and passed first reading; and,
On motion of Mr. Trimble, referred to the Committee on the
Judiciary.
On motion of Mr. Payne, the Senate took a recesS for thirty
minutes.
The time for which the recess was taken having expired, the
Speaker called the Senate to order.
A message was received from the House of Representatives, as
follows:
Mr. Speaker :
I am directed by the House of Representatives to transmit to
the Senate two memorials, from citizens of Hardin county, pro¬
testing against Tennessee seceding, or joining the Southern Con¬
federacy ; also, a memorial from Lawrence county recommend¬
ing the suspension of the collection of all debts, and they are
herewith transmitted.
The memorials from Hardin county, praying the Legislature to
pass no act looking towards the secession of Tertnessee from the
Federal Union, were read, and laid on the table.
The memorial from Lawrence county, praying the passage of a
law suspending the collection of all debts during the continuance
of hostilities, was read, and laid on the table.
Mr. Payne presented a memorial from a Committee appointed
by the Committee of Public Safety of the city of Memphis, pray¬
ing the Legislature to suspend the payment of interest upon the
59
public bonded debt of the State in the hands of citizens of non-
slaveholding States; which was read, and.
On motion of Mr. Bumpass, was ordered to be transmitted to
the House of Representatives.
Mr. Minnis, from the Committee on the Judiciary, submitted
the following report:
The Judiciary Committee have had under consideration Senate
Resolution No. 24, directing that the Public Printer be contracted
with for the printing of Hardee's Tactics. The Committee have
ascertained that a portion of this work is already done by the
Public Printer, and he is ready to have the balance done immedi¬
ately ; and that immediate and present demand is great for this
work and that the Public Printer proposes to do this work for
the State, and not claim to make a profit on the same. A major¬
ity of the Committee recommend the adoption of the resolution.
Senate Resolution No. 24, in relation to printing Hardee's Mili¬
tary Tactics, was taken up and adopted.
On motion of Mr. Minnis, the rule was suspended, and the res¬
olution ordered to be engrossed and transmitted to the House of
Representatives.
Mr. Bradford from the Committee on Enrolled Bills, reported
Senate Resolution No. 26 as cprrectly engrossed.
On motion of Mr. Thompson, the Senate took a recess until 2
o'clock P. M.
AFTERNOON SESSION.
The Senate was called to order by the Speaker at 2 o'clock.
A message was received from the House of Representatives as
follows:
Mr. Speaker :
The House has concurred in all of Senate amendments, save
amendments Nos. 4, 5, and 8, to House Bill No. 1, to raise, organ¬
ize and equip a provisional force, and for other purposes, which
have been perfected by the House, and are herewith transmitted
to the Senate for their concurrence.
60
The House Message returning House Bill No. 1, to raise, or¬
ganize and equip a provisional force, and for other purposes, with
Senate amendments amended, was taken up.
Mr. Horn moved to refer the bill and amendments to the Com¬
mittee on Ways and Means ; which motion was disagreed to.
The House amendments to Senate amendments to said bill
were all concurred in.
On motion of Mr. Newman, the bill was ordered to be returned
to the House of Representatives for enrolment.
On motion of Mr. Payne, Mouse message returning Senate Bill
No. 1, to submit to a vote of the people a Declaration of the State
of Tennessee, and to call a Convention of the State, with amend¬
ments, was taken up.
House amendment No. 1, in lieu of the Ordinance and Decla¬
ration in the original bill, was taken up.
Mr. Payne moved to concur in the amendment of the House of
Representatives in lieu, on which motion
Mr. Bradford demanded the ayes and noes, which was ordered
and resulted:
Ayes 20
Noes 4
Senators voting in the affirmative are:
Messrs. Allen, Bumpass, Hildreth, Horn, Hunter, Johnson, Lane,
Mickley, Minnis, McClellan, McNeilly, Newman, Payne, Peters,
Richardson, Stanton, Stokes, Thompson, Wood, and Mr. Speaker
Stovall—20.
Those voting in the negative are :
Messrs. Boyd, Bradford, Nash, and Mr, Stokely—4.
So the amendment was concurred in.
The House amendment to strike out the words "Declaration"
and " No Declaration," wherever they occur in the third section,
and insert " Separation " and " No Separation," was,
On motion of Mr. Payne, concurred in.
House amendment to said bill, in lieu of sections 5, 6, 7, and 8
of the original bill, were taken up.
Mr. Payne moved that the Senate concur in said amendment;
upon wffiich motion Mr. Stokely demanded the ayes and noes,
which were ordered, and resulted:
Ayes 17
Noes 7
Senators voting in the affirmative are:
Messrs. Bumpass, Hildreth, Horn, Hunter, Johnson, Lane,
Mickley, Minnis, McClellan, McNeilly, Newman, Payne, Peters,
Stanton, Thompson, Wood, and Mr. Speaker Stovall—17.
Those voting in the negative are :
61
Messrs. Allen, Boyd, Bradford, Nash, Richardson, Stokes, and
Mr. Stokely—7.
So the amendment was concurred in.
House amendment to amend the caption of the bill was then
concurred in.
On motion of Mr. Newman, the rule was suspended and the
bill ordered to be enrolled.
Mr. Newman moved that the Senate, the House of Repre¬
sentatives concurring, remove the injunction of secrecy, so far so
it relates to Senate Bill No. 1; which motion failed-
On motion of Mr. Payne, three thousand copies of the act to
submit to a vote of the people a Declaration of the people of
Tennessee, and for other purposes, were ordered to be printed
for the use of the Senate.
On motion of Mr. Payne, the Senate adjourned till 9 o'clock
to-morrow morning.
TUESDAY MORNING, MAY 7, 1861.
The Senate met pursuant to adjournment.
The Journal of yesterday was read and confirmed.
Mr. Minnis from the Commitee on the Judiciary, reported back
House Bill No. 5, to prevent the collection of debts due by citi¬
zens of Tennessee to citizens of the non-slaveholding States,
during hostilities; and House Bill No. 8, to amend section 4743
of the Code, a majority of the committee recommending the pas¬
sage of the bills.
Mr. Trimble asked and obtained leave to record his vote in the
negative upon the concurrence of the Senate in House amend¬
ments to Senate amendments to House Bill No. 1, to raise, organ¬
ize and equip a provisional force and for other purposes ; and on
House amendments to Senate Bill No. 1, to submit to a vote of
the people a Declaration of the State of Tennessee, and to call a
Convention of the State.
Mr. Payne offered the following resolution (Senate Resolution
No. 27,) :
Resolved by the G-eneral Assembly of the State of Tennessee, That
62
the Governor be requested to communicate to this body whether
he has received, either from the Governor of Illinois, or President
of the United States, any communication in relation to the recent
capture of property belonging to the State and citizens of Ten¬
nessee by the Federal forces from the steamer Hillman, at Cairo ;
and, if not, what steps, if any, he has taken to secure indemnity
for the robbery.
On motion of Mr. Payne, the rule was suspended and the reso¬
lution taken up and adopted.
On motion of Mr. Payne, the rule was suspended and the reso¬
lution was ordered to be engrossed and transmitted to the House
of Representatives.
Mr. Stokely offered the following resolution (Senate Resolution
No. 28,):
Resolved by the Senate, That the Governor is respectfully
asked whether he has any further communication to make to
this Senate at the present session, and that a committee of three
be appointed by the Speaker to immediately wait upon the Gov¬
ernor for that purpose.
On motion of Mr. Stokely, the rule was suspended and the res¬
olution taken up and adopted.
The Speaker appointed on the committee provided for by the
above resolution, Messrs. Stokely, Bradford, and Mr. McClellan.
House Bill No. 5, to prevent the collection of debts due by citi¬
zens of Tennessee to citizens of the non-slaveholding States
during hostilities, was taken up and passed its second reading.
House Bill No. 8, to amend section 4743 of the Code, passed
second reading.
Mr. Minnis offered the following resolution (Senate Resolution
No. 29,):
Resolved by the General Assembly of the State of Tennessee, That
whenever it shall become necessary for the Governor to make
any appointments, in pursuance of an act entitled "An act to
raise, organize and equip a provisional force, and for other pur¬
poses," passed at the present session, and there shall be no Leg¬
islature in session,the Governor shall make the appointment; the
appointee shall immediately enter upon the discharge of his du¬
ties, and his appointment shall be ratified or rejected by the next
succeeding Legislature.
Resolved, That so much of said act as provides that the Gover¬
nor may accept regiments organized before the passage of said
act shall not give to such regiment any right of seniority, which
they would not otherwise be entitled to.
On motion of Mr. Minnis, the rule was suspended and the res¬
olution taken up and adopted, and ordered to be engrossed and
transmitted to the House of Representatives.
Senate Resolution No. 23, to adjourn sine die, was taken up.
63
Mr. Payne offered the following in lieu of the resolution :
Resolved by the Greneral Assembly of the State of Tennessee,
That this body will adjourn on Wednesday, the 8th inst., at 2
o'clock P. M., till 12 o'clock M. on Monday, the 17th of June.
On the adoption of the resolution in lieu, Mr. Stokely demanded
the ayes and noes, which were ordered, and resulted :
Ayes 18
Noes * 4
Senators voting in the affirmative are:
Messrs. Bradford, Bumpass, Horn, Hunter, Johnson, Lane, Min-
nis, McClellan, McNeilly, Payne, Peters, Richardson, Stanton,
Stokes, Thompson, Trimble, Wood, and Mr. Speaker Stovall
—18.
Those voting in the negative are :
Messrs. Boyd, Hildreth, Nash, and Mr. Stokely—4.
So the resolution in lieu was adopted.
Mr. Hildreth moved to strike out the words " till 12 o'clock M.
on Monday the 17th of June," when they occur in the resolution;
upon which motion he demanded the ayes and noes, which were
taken, and resulted:
Ayes 8
Noes 14
Senators voting in the affirmative are:
Messrs. Boyd, Bradford, Hildreth, Nash, Richardson, Stokes,
Stokely, and Mr. Trimble—8.
Those voting in the negative are :
Messrs, Bumpass, Horn, Hunter, Johnson, Lane, Minnis, Mc¬
Clellan, xMcNeilly, Payne, Peters, Stanton, Thompson, Wood, and
Mr. Speaker Stovall—14.
So the motion to strike out failed.
The question occurring on the adoption of the resolution, Mr.
Richardson demanded the ayes and noes, which were ordered,
and resulted:
Ayes 13
Noes - 8
Senators voting in the affirmative are:
Messrs. Allen, Bumpass, Hunter, Johnson, Lane, Minnis, Mc¬
Clellan, McNeilly, Payne, Stanton, Thompson, Wood, and Mr.
Speaker Stovall—13.
Those voting in the negative are ;
Messrs. Boyd, Bradford, Hildreth, Nash, Richardson, Stokes,
Stokely, and Mr. Trimble—8.
So the resolution was adopted.
Mr. Payne moved that the rule be suspended and the reso-
64
lution engrossed and transmitted to the House of Representa¬
tives ; which motion prevailed.
On motion of Mr. Payne, the Senate took a recess until 2
o'clock P. M.
AFTERNOON SESSION.
The Senate was called to order at 2 o'clock by the Speaker.
A message was received from the House of Representatives, as
follows:
Mr. Speaker:
The House of Representatives has amended and concurred in
Senate Resolution No. 26, to furnish each member of the Senate
and House of Representatives copies of Hardee's Tactics, and
ordered its immediate return to the Senate for further action, and
the same is herewith returned.
The House has considered Senate Resolution No. 24, in relation
to printing Hardee's Tactics, and concurred in the same, and or¬
dered its immediate return to the Senate for enrollment.
The House of Representatives has appointed a committee of
three, consisting of Messrs. Hebb, Martin, and Guy, to join with
such committee as the Senate may appoint, to wait on the Gover¬
nor, to know of him if he has any further communication to make
to this Legislature.
The House of Representatives has passed on third reading,
House Rill No. 10, to amend sections 2682, 2683, 2684 and 4765
of the Code, and ordered its immediate transmission to the Senate
for further action thereon, and the same is herewith transmitted.
The Speaker of the House of Representatives has signed en¬
rolled act to repeal so much of section 96 of the Militia Law,
passed January 28, 1840, as prescribes an oath to support the
Constitution of the United States ; and also enrolled act to raise,
organize and equip a provisional force, and for other purposes,
and they are herewith transmitted to the Senate for the signature
of the Speaker of the Senate.
House Message returning Senate Resolution No. 26, to furnish
members of the Senate and House of Representatives with copies
65
of Hardee's Tactics, with an amendment, was taken up ; and,
on motion of Mr. Stanton, the amendment was concurred in.
House Bill No. 10, to amend sections 2682, 2683, 2684 and
4765 of the Code, was taken up and passed its first reading.
The Speaker appointed Messrs. iViinnis and Horn on the part of
the Senate, to act with the committee appointed by the House of
Representatives to wait upon his Excellency, the Governor, and
ascertain if he has any further communication to make to this
session of the General Assembly.
Mr. Richardson offered Senate Resolution No. 30, as follows:
Resolved by the General Assembly of the State of Tennessee,
That the obligation of secrecy on the members as to the pro¬
ceedings of this Legislature be now removed ; and that the public
printers are hereby required and commanded to print immediately
three thousand copies each of the act submitting the Ordinance
of Separation to a vote of the people, and also of the Army Act,
and send them to the members of the Assembly in their proper
proportions by mail, and draw on the Treasurer of the State for
postage on the same.
Resolved further, That the printers also publish as rapidly as
possible, all the Acts and Resolutions passed by this General As¬
sembly, together with the Journals of both Houses.
The resolutions lie over under the rule.
Mr. Minnis from the Joint Select Committee to wait upon t.he
Governor to ascertain whether he had any further communica¬
tion to make to the General Assembly at its present session, re¬
ported that the committee had called upon the Governor, and that
he would possibly communicate with the Legislature before its
adjournment.
Senate Resolution No. 5, on Federal Relations, was taken up ;
and,
On motion of Mr. Payne, was laid on the table.
A message was received from the. House of Representatives.&s
follows :
Mr Speaker:
The House of Representatives has passed"' on third and last
reading, Senate Bill No. 2, in relation to the payment of interest
on State Bonds owned by parties in the Northern States and
amended the same, and ordered its immediate return to the
Senate with amendments for concurrence, and the same is here¬
with returned.
The House has adopted House Resolution No. 33; inviting the
President and Congress of the Confederate States to Nashville,
and tendering them the Capitol, should the voters of Tennessee
5 s
68
declare themselves independent of Federal authority ; and the same
is herewith transmitted to the Senate for concurrence, as ordered
by the House.
The House Message returning Senate Bill No. 2, in relation to
the payment of interest on State Bonds owned by parties in the
Northern States, with an amendment was taken up ; and,
On motion of Mr.Richardson, the amendment was concurred in
by the Senate.
House Resolution No. 33, inviting the President, Cabinet and
Congress of the Confederate States to Nashville, and tendering
them the Capitol, was taken up.
On the adoption of the resolution, Mr. Bradford demanded the
ayes and noes, which were ordered and resulted :
Ayes 10
Noes 9
Senators voting in the affirmative are:
Messrs. Hunter, Johnson, Minnis, McClellan, McNeilly, Payne,
Peters, Stanton, Thompson and Mr. Wood—10.
Those voting in the negative are :
Messrs. Boyd, Bradford, Hildreth, Horn, Lane, Nash, Richard¬
son, Stokes, and Mr. Speaker Stovall—9.
So the resolution was adopted.
Mr. Payne moved to suspend the rule and order the return of
the resolution to the House of Representatives for enrollment,
which was agreed to.
A message was received from the House of Representatives as
follows :
Mr. Speaker :
The House of Representatives has amended and adopted Senate
Resolution No. 27, calling on the Governor to make certain com¬
munications to this body in relation to the recent seizure of pro¬
perty at Cairo, belonging to this State and citizens, and the same
with amendment is herewith returned for concurrence.
House Message returning Senate Resolution No. 27, calling on
the Governor to make certain communications to this body in re¬
lation to the recent seizure of property at Cairo, belonging to this
State and citizens of Tennessee, was taken up ; and,
On motion of Mr. Payne, the amendment was concurred in.
A message was received from His Excellency, the Governor,
by the hands of J. E. R. Ray, Secretary of State as follows :
67
Executive Department,
Nashville, May 7, 1861.
Gentlemen of the Senate
and House of Representatives:
By virtue of the authority of your joint resolution, adopted on
the 1st day of May, inst., I appointed Gustavus A. Henry, of the
county of Montgomery, Archibald O. W. Totten, of the county of
Madison, and Washington Barrow, of the county of Davidson,
Commissioners on the part of Tennessee, to enter into a Military
League with the authorities of the Confederate States, and with
the authorities of such other slaveholding States as may wish to
enter into it *, having in view the protection and defence of the
entire South against the war that is now being carried on against
it."
The said Commissioners met the Hon. Henry W. Hilliard, the
accredited representative of the Confederate States, at Nashville
on this day, ana have agreed upon and executed a Military
League between the State of Tennessee and the Confederate
States of America, subject, however, to the ratification of the
two Governments ; one of the duplicate originals of which I here¬
with transmit for your ratification or rejection. For many cogent
and obvious reasons, unnecessary to be rehearsed to you, I
respectfully recommend the ratification of this League at the ear¬
liest practicable moment.
Very respectfullv,
ISHAM G. HARRIS.
Convention between the State of Tennessee and the Confederate
States of America.
The State of Tennessee, looking to a speedy admission into
the Confederacy established by the Confederate States of
America, in accordance with the Constitution for the provisional
Government of said States, enters into the following temporary
Convention, Agreement and Military League, with the Confed¬
erate States, for the purpose of meeting pressing exigencies af¬
fecting the common rights, interests, and safety of said State and
said Confederacy.
First.—Until the said State shall become a member of said
Confederacy according to the Constitution of both powers, the
whole military force, and military operations, offensive and de¬
fensive of said State, in the impending conflict with the United
States, shall be under the chief control and direction of the Presi¬
dent of the Confederate States upon the same basis, principles
and footing, as if said State were now, and during the interval a
member of said Confederacy ; said force, together with that of the
Confederate States, to be employed for the common defence.
68
Second.—The State of Tennessee, will, upon becoming a mem¬
ber of said Confederacy, under the permanent Constitution of
said Confederate States, if the same shall occur, turn over to said
Confederate States, all the public property acquired from the
United States, on the same terms, and in the same manner as the
other States of said Confederacy have done in like cases.
Third.—Whatever expenditures of money, if any, the said
State of Tennessee shall make before she becomes a member of
said Confederacy, shall be met and provided for by the Confed¬
erate States.
This Convention entered into and agreed in the City of Nash¬
ville, Tennessee, on the seventh day of May, A. D. 1861, by
Henry W. Billiard, the duly authorized Commissioner to act in
the matter for the Confederate States, and Gustavus A. Henry,
Archibald O. W. Totten, and Washington Barrow, Commissioners
duly authorized to act in like manner for the State of Tennessee—
the whole subject to the approval and ratification of the proper
authorities of both Governments respectively.
In testimony whereof, the parties aforesaid have hereunto set
their hands and seals, the day and year aforesaid in duplicate
originals.
HENRY W. HILLIARD, [seal]
Commissioner for the Confederate States of America.
GUSTAVUS A. HENRY, [seal.]
A. O. W. TOTTEN, [seal.]
WASHINGTON BARROW, [seal.]
Commissioners on the part of Tennessee.
Mr. Payne offered Senate Resolution No. 31, as follows :
Whereas, a Military League offensive and defensive was
formed on this the 7th day of May, 1861, by and between A. 0.
W. Totten, Gustavus A. Henry, and Washington Barrow, Com¬
missioners on the part of the State of Tennessee, and H. W.
Hilliard, Commissioner on the part of the Confederate States of
America, subject to the confirmation of the two Governments; be
it therefore,
Resolved by the General Assembly of the State of Tennessee, That
said league be in all respects ratified and confirmed, and the said
General Assembly hereby pledges the faith and honor of the State
of Tennessee to a faithful observance of the terms and conditions
of said league.
On motion of Mr. Payne, the rule was suspended and the reso¬
lution taken up.
On the adoption of the resolution, Mr. Boyd demanded the
ayes and noes, which were ordered and resulted:
Ayes , 14
Noes. 6
69
Senators voting in the affirmative are :
Messrs. Allen, Horn, Hunter, Johnson, Lane, Minnis, McClellan,
McNeilly, Payne, Peters, Stanton, Thompson, Wood, and Mr.
Speaker Stovall—14.
Those voting in the negative are :
Messrs. Boyd, Bradford, Hildreth, Nash, Richardson, and Mr.
Stokes—6.
So the resolution was adopted.
On motion of Mr. Payne, the rule was suspended, and the reso¬
lution ordered to be engrossed and transmitted to the House of
Representatives.
On motion of Mr. Bradford, the rule was suspended and Senate
Resolution No. 30, to remove the obligation of secrecy, and to
publish the~ proceedings of the Legislature, was taken up and
adopted; and,
On motion of Mr. Richardson, the rule was suspended and the
resolution ordered to be engrossed and transmitted to the House
of Representatives.
Mr. Bradford submitted the following protest, which was or-
dered to be spread upon the Journal:
PROTEST.
The ratification of the Military League entered into by the
Commissioners on the part of Tennessee, and the accredited Com¬
missioner of the Confederate States, being under consideration,
the undersigned not being in feeling opposed to the league at a
proper time, is not satisfied that such a league at this time is not
a violation of Section 10, Article 1, of the Constitution of the
United States, unless Tennessee had asserted her sovereignty.
And taking the view that Tennessee is yet a member of the
Federal Union, and members of the General Assembly not yet
absolved from their obligations to support that Constitution, I
voted " No," and therefore offer this protest.
W, M. BRADFORD.
A message was received from the House of Representatives,
as follows :
Mr. Speaker :
The House of Rep resentatives has adopted House Resolution
No, 32, proposing to remove the secrecy of the present session,
and the same is herewith transmitted for concurrence.
House Resolution No. 32, to remove the injunction of secrecy
from the proceedings of the Legislature, was taken up and adopt¬
ed ; and, -
On motion of Mr. Hildreth, the rule was suspended and the
70
resolution ordered to be returned to the House of Representatives
for enrollment.
Mr. Hildreth from the Committee on Enrolled Bills, reported
Senate Resolutions Nos. 30 and 31, and Senate Bill No. 3, as
correctly engrossed ; and as correctly enrolled, an act to submit
to a vote of the people a Declaration of Independence, and for
other purposes.
A message was received from the House of Representatives as
follows :
Mr. Speaker :
The Speaker of the House of Representatives has signed en¬
rolled act to submit to a vote of the people a Declaration of In¬
dependence, and for other purposes, and the same is herewith
transmitted for the signature of the Speaker of the Senate.
On motion of Mr. Stanton, the Senate adjourned until to¬
morrow morning 9 o'clock.
WEDNESDAY MORNING, MAY 8, 1861.
The Senate met pursuant to adjournment.
Prayer by the Rev. C. T. Quintard.
The Journal of Saturday and yesterday was read and confirmed.
Mr. Bradford from the Committee on Enrolled Bills, reported
the following joint resolutions as correctly enrolled viz : joint
resolution directory to the Governor ; joint resolution in relation
to printing Hardee's Tactics ; joint resolution to furnish each
member and officer of the Senate and House of Representatives
with copies of Hardee's Tactics ; joint resolution ratifying and
confirming a Military League with the Confederate States; also,
enrolled act to amend the Railroad Laws.
Mr. Bumpass asked and obtained leave to record his vote in the af¬
firmative upon the adoption of Senate Resolution No. 31, to ratify
and confirm the Military League between the State of Tennessee
and the Confederate States of Arnei ica, and House Resolution No.
33, inviting the President, Cabinet and Congress of the Confederate
States of America to come to Nashville, in the event that the peo-
71
pie of Tennesse declare their independence of Federal authority,
and tendering them the Capitol.
House Bill No. 10, to amend sections 2682, 2683, 2684, and
4765 of the Code, and for other purposes, was taken up on second
reading.
Mr. Lane offered the following amendment:
Be it further enacted, That there may be attached to each regi¬
ment which is now or may hereafter be in the service of the State,
one chaplain elected by the regiment, and he shall be entitled to
such compensation as is now allowed by the laws of the United
States.
Which amendment was adopted.
The bill as amended passed its second reading.
House Bill No. 5, to prevent the collection of debts due by
citizens of Tennessee to citizens of the non-slaveholding States
during hostilities, was taken up on third reading.
Mr. Payne moved to amend the first section of the bill by in¬
serting alter the words " agents and attorneys," the words "in
this State which was agreed to.
Mr. Payne moved to insert the words " or collect," after the
words " sue for," in the first section ; which motion prevailed.
Mr. Payne-offered the following amendment:
Section 2. Whereas, It appears that the Federal Government
has refused to pay the persons engaged in taking the census of
1860, and believing it to be the duty of this General Assembly
to protect the interests of its citizens as far as possible, it is
further enacted, that all marshals, deputy marshals, postmasters,
custom-house officers, and other employees or agents of the said
Government, who have in their hands any money or cash means
belonging to said Government, shall forthwith pay over the same
into the hands of the Treasurer of the State, taking his receipt
therefor ; and that the faith and honor of the State is hereby
pledged for the ample and complete protection of such officers.
Sec. 3. Be it further enacted, That all moneys received by
the Treasurer of the State under the previsions of the foregoing
section shall be in trust for the creditors of the Federal Govern¬
ment living in the State, the preference being given to the officers
and agents employed in taking the census of 1860; said Tieas-
urer, upon satisfactory proof being made of the amount due said
officers or agents from the Federal Government, shall pay the
same as soon as paid over to him, taking proper vouchers there¬
for, and he shall report to the next General Assembly of the
State.
The amendment was adopted.
The bill as amended passed its third reading.
Ayes 15
Noes 5
72
Senators voting in the affirmative are :
Messrs. Allen, Bumpass, Horn, Hunter, Johnson, Lane, Minnis,
McClellan, McNeillv, Payne, Richardson, Stanton, Thompson,
Wood, and Mr. Speaker Stovall—15.
Those voting in the negative are :
Messrs. Boyd, Bradford, Hildreth, Nash, and Mr. Stokes—5.
On motion of Mr. McNeilly, the rule was suspended and the
bill ordered to be returned to the House of Representatives lor
further action.
House Bill No. 8, to amend section 4743 of the Code, passed
third reading.
Senators voting in the affirmative are:
Messrs. Allen, Bumpass, Hildreth, Horn, Hunter, Johnson, Lane,
Minnis, McClellan, McNeilly, Payne, Richardson, Stanton, Stokes,
Th ompson, Wood, and Mr. Speaker Stovall—17.
Those voting in the negative are:
Messrs. Boyd and Nash—2.
On motion of Mr. McNeilly, the rule was suspended and the
bill ordered to be returned to the House of Representatives for
enrollment.
A message was received from the House of Representatives as
follows:
Mr. Speaker :
I am directed to inform the Senate that the House has concur¬
red in Senate Resolutions Nos. 30 and 81, and the same are here¬
with returned for enrollment.
On motion of Mr. Nash, the Senate took a recess of one hour.
The time for which the recess was taken having expired, the
Speaker called the Senate to order.
A message was received from the House of Representatives as
follows:
Mr Speaker:
The Speaker of the House of Representatives has signed the
following enrolled joint resolutions and acts, and they are here¬
with transmitted for the signature of the Speaker of the Senate, viz :
Joint resolution to furnish each member and officer of the
Senate and Plouse of Representatives with one copy of Hardee's
T actics.
Joint resolution in relation to printing Hardee's Military Tactics.
Joint resolution directory to the Governor.
Ayes
Noes
17
2
73
Joint resolution ratifying and confirming a Military League with
the Confederate States.
An act to amend railroad laws.
An act to amend section 4743 of the Code of Tennessee.
Joint resolution tendering the Capitol to the President and Con¬
gress of the Confederate States.
The House of Representatives has considered Senate Resolu¬
tion No. 23, to adjourn on Wednesday the 8th instant, and adopted
two amendments thereto ; and the resolution with amendments
is herewith returned to the Senate for concurrence and enroll¬
ment.
House Message returning Senate Resolution No. 23, to adjourn
on Wednesday the 8th instant, with amendments, was taken up.
House amendment changing the day of adjournment from
Wednesday the 8th, to Thursday the 9th instant, was concurred in.
House amendment providing that members shall receive no per
diem during the recess was concurred in by the Senate.
Mr. Lane offered the following Resolution (Senate Resolution
No 32,) :
Resolved by the General Assembly of the State of Tennessee, That
in all cases where forces have been organized for the military
service of Tennessee, the presentation of companies for inspec¬
tion, and the actual inspection of the same by an- inspecting
officer appointed for the purpose by the Governor, whether such
companies are inspected singly or as parts of regiments shall be
conclusive testimony that the captains and other officers of such
companies have been duly elected ; and on the written certificates
of ten captains who have associated their companies as a regi¬
ment being filed with the Governor, showing the voting of their
several companies for Colonel, Lieutenant Colonel and Major, of
such regiment, the Governor shall issue commissions to such per¬
sons as appear from such captains' certificates to have been re¬
spectively elected Colonel, Lieutenant Colonel and Major ; pro¬
vided in all cases such election of Colonel, Lieutenant Colonel
and Major shall appear to have been made by a majority of the
aggregate members of such ten companies. Precedence of regi¬
ments and corps, provided for the military service of Tennessee
shall be determined by the date on which the written report of in¬
spection of the same is filed.
On motion of Mr. Lane, the rule was suspended and the reso¬
lution was taken up.
Mr. Minnis moved to strike out the last clause of the resolution
from the word " precedence,'' which was agreed to.
On motion of Mr. Bradford, the resolution was laid on the
table.
A message was received from the House of Representatives as
follows:
74
Mr. Speaker :
The House of Representatives has adopted House Resolution
No. 37, authorizing the banks to issue notes of the denomination
of one dollar under certain circumstances, and ordered its im¬
mediate transmission to the Senate for concurrence, and the same
is herewith transmitted.
Mr. Stanton offered the following Resolution (Senate Resolution
No. 33,):
Resolved, by the General Assembly of the State of Tennessee, That
the Secretary of State be, and he is hereby authorized to have
Hardee's Military Tactics stereotyped tor the use of the State.
On motion of Mr. Stanton, the rule was suspended, and the
resolution taken up.
On the adoption of the resolution Mr. Bumpass demanded the
ayes and noes, which were ordered and resulted :
Ayes 10
Noes 7
Senators voting in the affirmative are:
Messrs. "Bumpass, Hunter, Johnson, Lane, Minnis, McClellan,
McNeilly, Stanton, Thompson, and Mr. Wood—10.
Those voting in the negative are:
Messrs. Allen, Boyd, Bradford, Hildreth, Nash, Richardson, and
Mr. Speaker Stovall—7.
So the resolution was adopted.
On motion of Mr. Stanton, the rule was suspended, and the
resolution ordered to be engrossed and transmitted to the House
of Representatives.
Mr Stanton offered the following Resolution (Senate Resolution
No. 34,):
Resolved by the General Assembly of the State of Tennessee,
That in the election authorized by this General Assembly at this
session in reference to the separation of this State from the United
States of America, all volunteer soldiers of this State that would
be entitled to vote at home on the day of election, shall be al¬
lowed to vote any where, either in or out of the State if they
should be at or before that time removed by the command of pro¬
per military authorities ; and the Colonel in command of each
regiment shall appoint judges, &c., to see that said election in its
government and forms shall conform as near as practicable, to the
rules and regulations of elections within this State, and shall
certify the result forthwith to the Secretary of this State, and the
votes thus taken shall be counted in the result of the general
election aforesaid.
The resolution lies over under the rule.
On motion of Mr. Minnis, the Senate took a recess until 2
o'clock P. M.
75
AFTERNOON SESSION.
The Senate was called to order at 2 o'clock by the Speaker.
A message was received from the House of Representatives as
follows:
Mr Speaker :
The House of Representatives has adopted House Resolution
No. 31, providing for a Bank Congress of the Southern States,
and ordered its immediate transmission to the Senate for concur¬
rence, and the same is herewith transmitted.
House Bill No 35, providing for a Bank Congress of the South¬
ern States, was taken up and adopted,
On motion of Mr, McClellan, the rule was suspended and the
resolution was ordered to be returned to the House of Represen¬
tatives tor enrollment.
House Resolution No, 37, to authorize the Banks to issue one
dollar notes, and to authorize the Supervisor of Banks to tem¬
porarily suspend the operations of the Bank Code in certain cases,
was taken up and rejected.
Mr. Thompson moved to reconsider the vote rejecting the reso¬
lution, which motion was agreed to; the resolution was then
adopted.
Ayes 16
Noes *• 2
Senators voting in the affirmative are :
Messrs. Allen, Boyd, Bradford, Bumpass, Horn, Hunter, John¬
son, Lane, Minnis, McClellan, Richaidson, Stanton, Stokes,
Thompson,^Wood, and Mr. Speaker Stovall—16.
Those voting in the negative are:
Messrs. Hildreth, and Nash—2.
On motion of Mr. Minnis, the rule was surpended and the reso¬
lution ordered to be returned to the House of Representatives for
enrollment.
A message was received from the House of Representatives, as
follows:
Mr. Speaker :
The House of Representatives has had under consideration
Senate amendments to House Bill No. 5, to prevent the collection
of debts due by citizens of Tennessee to citizens of non-slavehold-
ing States, during hostilities ; and concurred in amendments Nos.
76
1 and 2, and non-concurred in amendments Nos. 4 and 5 , and or¬
dered the immediate return of the bill and amendments to the
Senate for further consideration; and the same are herewith re¬
turned.
House message non concurred in Senate amendments Nos. 4
and 5 to House Bill No, 5, to prevent the collection of debts due
by citizens of Tennessee to citizens of the non-slaveholding States
during hostilities, was taken up ; and,
On motion of Mr. Lane, the Senate receded from its amend¬
ments Nos. 4 and 5.
p On motion of Mr. Minnis, the rule was suspended and the bill or¬
dered to be returned to the House of Representatives for enroll¬
ment.
A message was received from the House of Representatives, as
follows:
Mr. Speaker :
The House of Representatives has adopted House Resolution
No. 39, protesting against the obstruction of the free navigation of
the Mississippi, and ordered its immediate transmission to the
Senate for concurrence ; and the same is herewith transmitted.
I am directed by the House of Representatives, to transmit to
the Senate a message from the Governor; which is herewith
transmitted.
House Resolution No. 39, protesting against the obstruction of
the free navigation of the Mississippi river, was taken up.
Mr. Minnis offered the following amendment:
Resolved further, That the Governor transmit a copy of the
above resolution to the Governor of Illinois, and also to the Presi¬
dent of the United States.
Which amendment was adopted.
The resolution as amended was adopted.
On motion of Mr. McClelland, the rule was suspended and
the resolution ordered to be returned to the House of Representa¬
tives for further action.
The message from the Governor, with the papers accompany¬
ing it wa3 taken up and read, as follows :
Executive Department,
Nashville, May 8th, 1861.
Gentlemen of the Senate
and House of Representatives :
In answer to your resolution of the 7th inst., requesting certain
information, I have to reply that I have not received either from
77
the Governor of the State of Illinois or the President of the United
States any communication whatever " in relation to the recent
capture of property belonging to the State and citizens of Tennes¬
see " near Cairo, Illinois. As soon as I was informed of the sei¬
zure of the steamboat Hillman, with the cargo, I immediately ad¬
dressed letters to the Governor of the State of Illinois and the
President of the United States, copies of which I herewith trans¬
mit. Shortly thereafter, becoming satisfied in my own mind,
from all the facts and circumstances, that the detention of the
steamboat Hillman, and the capture of her cargo, were authorized
by the Government, and learning that there was in the hands of
Jesse Thompson, Surveyor of the Port'of Nashville, an amount of
bonds and money belonging to the United States, I demanded and
required said Surveyor to deposit the same in the Bank of Ten¬
nessee, for the indemnity of the Sta?e against loss from this law¬
less seizure.
I herewith send you a statement of the amount and character
of the fund surrendered by the Surveyor, as receipted for by the
Cashier of the Bank of Tennessee, amounting in the aggregate to
$74,460 99, which fund is subject to such order or disposition as
the Legislature may see proper to make respecting it. Care
should be taken, however, in any disposition that may be made
of it, that the Surveyor should be fully indemnified against per¬
sonal liability or loss. Respectfully,
ISHAM G. HARRIS.
gov. harris to the governor of illinois.
Executive Department,
Nashville, Tenn., April 29, 1861.
To His Excellency, R. Yates, Governor, ty'c., Springfield Illinois ;
Sir: An armed force stationed at Cairo, Illinois, proceeded on
the 26th inst. on the steamer Swallow to meet and seize upon the
steamboat C. E. Hillman, owned by citizens of Tennessee, and
her cargo, the property of the State of Tennessee and her citizens.
I desire to know whether said proceeding was authorized by your
Excellency, and to inquire for what purpose and with what object
said act was done. Being done on the Mississippi river, your Ex¬
cellency is of course aware that this seizure is aggressive and hos¬
tile. The obstruction of the navigation of the Mississippi river,
and the seizure of public and private property by an armed force
are violations of the comity of States and a palpable infringement
of the Constitution, unauthorized, I trust, by your Excellency or
the Federal Government; and before pronouncing: thereon, it is
due alike to the State of Illinois and the State of Tennessee that
I should respectfully call the attention of your Excellency to the
78
facts communicated herein, and know if the same were authorized
by you, and if authorized, to demand that your Excellency will
cause the immediate restoration of said boat, C. E. Hillman, with
her cargo to the officers and owners thereof.
An early reply is respectfully requested.
Very respectfully,
1SHAM G. HARRIS,
Governor of Tennessee.
gov. harris to the president.
Executive Department,
Nashville, Tenn., April 29, 1861.
To His Excellency, the President of the United States :
Shu: On the 26th inst. the steamboat C. E. Hillman, on her
passage from St. Louis to Nashville, was seized and taken posses¬
ion of by an armed force on the steamboat Swallow. This seizure
was made on the Mississippi river, a short distance above Cairo,
Illinois. The boat Hillman was owned by citizens of Tennessee,
and its cargo was the property of this State and her citizens. It
is believed that the force employed in this work is a part of the
force recently called into service by the proclamation of the Pre¬
sident.
This interruption of the free navigation of the Mississippi river
and the seizure of the property belonging to the State of Tennes¬
see and her citizens, is aggressive and hostile, and without com¬
menting Upon the character and lawlessness of the outrage, it be¬
comes my imperative duty to inquire by what authority the said
acts were committed. I have, therefore, respectfully to request
that the President shall inform me whether the same was done by
or under instruction of the Federal Government, or is approved by
said Government.
Very Respectfully,
ISHAM G. HARRIS.
Governor of Tennessee.
List of money, bonds, and other securities demanded by Isham
G. Harris, Governor of the State of Tennessee, and surrendered
by Jesse Thomas, Surveyor of the Port of Nashville, Tenn.,
April 30, 1861.
Fall & Cunningham's Check on Planter's
Bank for $1,134 98
A. H. Hicks' check on the Bank of Ten¬
nessee, for 1,375 44
Gold (say two thousand dollars) 2,000 00
79
Sixty-six bonds of the State of Tennessee,
bearing interest at per cent, per
annum, and due 25th July, 1861,
amounting to 66,666 66
Fall & Cunningham's and others' bonds
for $533 76
Fall & Cunningham's and other bonds - • • 608 40
Do. do. do. 709 71 1,851 87
A. H. Hicks & Co's and others' bonds for 368 84
Do. do. do. 376 80
Do do. do. 153 60
Do. do. do. 144 96
Do. do. do. 387 84 1,432 04
Amouting to, in all $74,460 90
JNO. A. FISHER,
Cashier Bank of Tennessee.
Mr. Wood moved that the message from the Governor be re¬
ferred to the Committee on Federal Relations ; which motion was
agreed to.
A message was received from the House of Representatives, as
follows:
Mr. Speaker :
The Speaker of the House of Representatives has signed the
following joint resolutions, and they are herewith transmitted for
the signature of the Speaker of the Senate :
Joint resolution to remove the obligation of secresy, and to pub¬
lish the proceedings of the Legislature.
Joint resolution to adjourn on Thursday the 9th inst., till Mon¬
day, the 17th of June next.
Joint resolution, providing for a Bank Congress of the Southern
States.
The House of Representatives has considered :
Senate Bill No. 6, to regulate the holding of Courts in the State
of Tennessee ; and, after having reconsidered it, has rejected the
same ; and it is herewith returned to the Senate.
Mr. Wood from the Committee on Ways and Means, reported
as follows:
The Committee on Ways and Means to whom was referred
House Bill No. 6, to defray the expenses of the General Assembly,
have had the same under consideration, and after making various
amendments, recommend its passage.
AH of which is submitted.
EDMUND J. WOOD, Chairman.
May 8th, 1861.
80
Amendments offered by the Committee :
No. 1, Be it enacted, That the Comptroller issue his warrant to
Patrick McCue for five dollars for attending the water closets.
No. 2. Be it enacted., That the Comptroller issue his warrant to
F. Cook, for three dollars for sulphur water furnished the General
Assembly.
No. 3. Be it enacted, That the Comptroller issue his warrant to
W. T. Garrett for nine dollars and sixty cents for ice furnished the
General Assembly.
No. 4. Beit enacted, That the Comptroller issue his warrant to
A. H. Hicks, for twelve dollars for articles furnished for the use of
the General Assembly.
No. 5. Be it enacted, That the Comptroller issue his warrant to
John D. Swan, for forty lour dollars for eleven days' service as
Doorkeeper of the Senate.
House Bill No, 6, to defray the expenses of the General Assem¬
bly of the State of Tennessee, was taken up on third reading.
Mr. Bumpass moved to fill the blank in the 9th section with the
word fifty ; which was agreed to.
Mr. Richardson moved to fill the blank in the 3d section with
the word thirty; which motion was agreed to.
The amendments offered by the Committee of Ways andMeans,
were adopted.
Mr. Thompson offered the following amendment:
Beit further enacted, That the Comptroller issue his warrant
to the Military Board of the State of Tennessee for the sum
of one thousand dollars, or any sum less that will be necessary
to be, appropriated to Dr. Rezin Thompson and G. W. Harris,
to test fully and fairly the merits of their improvements in gun¬
nery, under their especial supervision.
Upon the adoption of the amendment, Mr. Hildreth demanded
the ayes and noes, which were ordered and resulted :
Ayes 8
Noes . 10
Senators voting in the affirmative are :
Messrs.Bradford, Hunter, Johnson, Minnis, Stanton, Thompson,
Wood, and Mr. Speaker Stovall—8.
Those voting in the negative are :
Messrs. Allen, Boyd, Hildreth,Horn, Lane, McClellan, McNeilly,
Nash, Richardson, and Mr. Stokes—10.
So the amendment was rejected.
Mr Santon offered the following amendment:
Be it further enacted, That the Treasurer of the State pay out
of the Treasury to the Adjutant General of Militia, an annual
salary equal to the pay allowed by an act passed 6th of May,
1861, to a Brigadier General, for the time said Adjutant General
81
is in actual seivice, or is actually engaged by order of the Gov¬
ernor as said Adjutant General; the said annual salary to be
paid quarterly.
Which amendment ivas adopted.
Hhe bill, as amended, passed its third reading.
Ayes *20
Noes • > 00
Senators voting in the affirmative are :
Messrs. Allen, Boyd, Bradford, Bumpass, Hildreth, Horn, Hun¬
ter, Johnson, Lane, Minnis, McClellan, McNeilly, Nash, Payne,
Richardson, Stanton, Stokes, Thompson, Wood, and Mr. Speaker
Stovall—20.
In the negative:
None.
Mr. iVJcNeilly offered the following resolution (Senate Resolution
No 35 ):
Resolved by the General Assembly of the State of Tennessee, That
five thousand copies of the Constitutiou of the Confederate States
be printed for the use of the members of this General Assembly,
and the Secretary of State shall send them by mail to the mem¬
bers, and that the Comptroller issue his warrant on the Treasury
to the Secretary of State for an amount sufficient to pay the
postage on the same, and that the same be printed and distribut¬
ed pro rata as soon as possible.
On motion of Mr. McNeilly, the rule was suspended and the
resolution taken up and adopted.
On motion of Mr. Johnson the rule was suspended, and the res¬
olution ordered to be engrossed and transmitted to the House of
Representatives.
A message was received from the House of Representatives,
as follows :
Mr Speaker:
The House of Representatives has adopted House Resolution
No. 34, authorizing the Bank of Tennessee to issue circulation to
the Nashville and Northwestern Railroad Company, and ordered
its immediate transmit to the Senate, and the same is herewith
transmitted.
House Resolution No. 34, to authorize the Bank of Tennessee
to issue circulation to the Nashville and Northwestern Railroad
Company, was taken up.
Mr. Lane moved to strike out the words "and directed," in the-
third line of the resolution; which motion was agreed to.
On the adoption of the resolution, Mr. Bumpass demanded the
ayes and noes, which were ordered, and resulted:
6 s
82
Ayes 13
Noes 7
Senators voting in the affirmative are :
M essrs. Allen, Boyd, Horn, Hunter, Johnson, Mickley, Minnis,
McNeilly, Payne, Stanton, Thompson, Wood, and Mr. Speaker
Stovall—13.
Those voting in the negative are :
Messrs. Bradford, Bumpass, Hildreth, Lane, McClelJan, Nash,
and Mr. Richardson—7.
So the resolution as amended was adopted.
On motion of Mr. McNeilly, the rule was suspended, and the
resolution ordered to be returned to the House of Representa¬
tives for further action.
On motion of Mr. Bumpass, the Senate adjourned till to-mor¬
row at 10 o'clock A. M.
THURSDAY MORNING, MAY 9, 1861.
The Senate met pursuant to adjournment.
On motion of Mr. Payne, the reading of the Journal was dis¬
pensed with.
On motion of Mr. Johnson, the vote ordering the transmission
of House Resolution No. 34, to authorize the Bank of Tennessee
to issue circulation to the Nashville and Northwestern Railroad
Company, was reconsidered.
On motion of Mr. Johnson, the vote adopting the resolution
was reconsidered.
Mr. Bumpass moved to lay the resolution on the table ; upon
■which motion,
Mr. Stokes demanded the ayes and noes, which were ordered
and resulted:
Ayes
Noes
Senators voting in the affirmative are :
Messrs. Bradford, Bumpass, Horn, Hunter, Johnson, Lane, Mo-
Clellan, Nash, Richardson, Stokes, and Mr. Wood—11.
11
9
83
Those voting in the negative are:
Messrs. Allen, Boyd, Mickley, Minnis, McNeilly, Payne, Stan¬
ton, Thompson, and Mr. Speaker Stovall—9.
So the resolution was laid on the table.
A message was received from the House of Representatives, as
follows :
Mr. Speaker :
The Speaker of the House of Representatives has signed the
following enrolled joint resolutions and act, viz:
Joint resolution protesting against the interruption of the free
navigation of the Mississippi river ;
Joint resolution giving the banks authority to issue notes of
any denomination not less rhnn one dollar;
An act to prevent the collection of debts owing by citizens of
Tennessee to citizens of the non-slaveholding Slates during hos¬
tilities ;
Alt of which are herewith transmitted for the signature of the
Speaker of the Senate.
The House of Representatives has adopted i louse Resolution
No. 41, diiecting ten thousand copies of the Constitution of the
Provisional Government of ihe Confederate States to be printed
and distributed among the counties, and ordered its immediate
transmission to the Senate for concurrence, and the same is here¬
with transmitted.
Mr. Payne from the Joint Select Cmmittee to prepare an Ad¬
dress to the people of Tennessee, submitted the following
Address:
LEGISLATIVE ADDRESS TO THE PEOPLE OF TEN¬
NESSEE.
Fellow-Citizens: The extraordinary legislation forced upon the
General Assembly, by the necessities of the times, makes it not
inappropriate that your Representatives should present some of
the reasons which have influenced their action.
The Joint Select Committee, under the direction and with the
approval of the Assembly, beg leave to submit the following
etatement to the calm judgment and consideration of their con¬
stituents :
The present session was called for by the Executive authority
to dispose of more important questions than ever had engaged
the attention of a Tennessee Legislature ; the members of the
two Houses could but feel most sensibly the responsibilities of
their positions, well knowing that their action would not only
affect the present, but the future destinies of the State. They
had no interest to subserve apart from those of their constituents,
84
and whatever may be the result ol their labors, whether for
good or evil, it will fall alike upon themselves and those whom
they represent.
The election of a sectional President by an unreasoning appeal
to numerical superiority, precipitated a crisis in the Government
which many wise men anucipated and patriots would have glad¬
ly adjourned to another and far distant period. Several of the
siaveholding States, upon the happening of this event, com¬
menced preparations lor leaving a Union which in their judg¬
ments, promised to become an instrument of destruction to the
constitutional rights of the South. The excitement consequent
upon the action of these States produced a necessity for the last
extra session of this body, and the proposition for calling a Con¬
vention was submitted to the people. It was by them determined
that no Convention should be held, thus giving the assurance of
a fixed purpose to abide by the Union so long as a hope of safety
or protection remained to them. A Peace Congress was called
for, and anxious to give every evidence of a sincere desire to set¬
tle existing difficulties, prudent and discreet men were sent to
confer with delegates from other States. The Congress resulted
in a failure, as did the faithful efforts of Southern men in the
Congress of the United States. To every proposition a deaf ear
was turned by the party in power. These ominous failures to
come to an adjustment, while they weakened, did not dispel alto¬
gether the hope of a peaceable solution of existing troubles. It
was believed that the masses of the Northern people would do
justice to the demands of the South, if not prevented by the arts
of their politicians. Subsequent acts prove that the masses are,
if possible, more bitter in their hostility to the South than their
leaders.
The inaugural address of the newly-elected President, however
doubtful in its terms, was charitably construed into a message of
peace. It was considered absurd to suppose that any President
of a free country would ever venture upon the mad experiment
of holding sovereign States together by means of the bayonet.
No one not blinded by fanaticism, can fail to recognize the fact
that a government based upon the popular will can only be
maintained in its integrity by appealing to that powerful and
controlling influence. Force, when attempted, changes the whole
character of the Government; making it a military despotism,
and those that submit become the abject slaves of power. The
people of Tennessee have fully understood this important fact,
and hence their anxiety to stay the hand of coercion. They well
know that the subjugation of the seceded States involved their
own destruction, and that, however plausible the pretext, an en¬
forcement of the taws against an unwilling people had been the
exercise of tyrant? in every age of the world. That the people
85
of the South were, many of them, deceived in the pretended peace
policy of Lincoln, is not a matter of surprise or astonishment.
The duplicity and double-dealing of this miserable tyrant, finds
no parallel save in the corrupt governments of the dark ages,
and would disgrace the diplomatic policy of a barbarian chief¬
tain. A few facts will suffice to make good our assertions. To
Southern Senators that approached him, he verbally construed
his own inaugural into a peace document. '
He caused it to be given out that he would abandon Fort Sum¬
ter, when at the very time he was privately preparing a powerful
armament for its relief.
Under false pretences, he introduced an officer into Fort Sum¬
ter, who took advantage of the privilege to concert a plan of re¬
lief with the commandant of that fortress.
Congress refused to vote a dollar for the prosecution of hostili¬
ties against the people of the South ; he and his agents got the
appropriation by falsehood, pretending that it was needed to pay
off the Government debts, and instead of so using it, fails to pay
even the maimed and wounded soldier his pension, or the hard¬
working census-taker his salary, but scatters it among a brutal
soldiery, whom he has hired to murder' Southern freemen and to
desecrate Southern soil.
Congress refused to pass a coercion bill, yet this contemptible
usurper proclaims war against the South in defiance of the Con¬
stitution, in violation of his oath and his oft-repeated and positive
pledges to the contrary.
Congress would not authorize the call for a single soldier, yet,
in the face of the laws a,nd the Constitution, this petty tyrant calls
for armies of immense magnitude to march against peaceful and
unoffending citizens.
He assured Tennessee members of Congress that his policy
would be peaceful; his Premier, W. H. Seward, announced such
to be the purpose of his Cabinet on every occasion ; and yet,
after lulling the people to repose, he impudently called upon the
Governor of Tennessee for troops to follow his standard in a war
of subjugation against their own native section.
The Mississippi river is declared to be free by the Constitution
of Tennessee, and yet this this vile usurper stations troops at
Cairo to obstruct the navigation of this great highway and its
tributaries, and these miserable instruments are now engaged in
making war upon the commerce of non-seceding States.
Tennessee, ever loyal to the Constitution, has been an advocate
for peace, and has struggled to bring together the broken frag¬
ments of the Union, yet in the midst of her well meant efforts, a
war is made upon her : every avenue of trade is closed up, and
the people are suffering all the privations of a blockade. Not
even provisions, demanded by the necessities of the people, are
86
allowed to be shipped into the State, and property of private in¬
dividuals is made subject to piratical and illegal seizure. Boats
have been plundered of their cargoes by authority of the Govern¬
ment, and when called on for an explanation by the Governor of
Tennessee,.even the honor of a reply is refused.
The States that desired to live in the Union, and to be on terms
of friendship with all, are insultingly told that neutrality is im¬
possible, and that they must aid in this ungodly war of subjuga¬
tion, or else suffer the penaifies. Had Tennessee dVer desired to
remain neutral, the miserable and degrading privilege is denied
to her by the tyrants that assume to rule in the name of the Con¬
stitution.
The Confederate States sought for peace, and sent their agents
to the Federal capital to consummate that object. They were
assured that peace would be made, and while resting under the
belief that they were dealing with honorable men, Lincoln and
his Cabinet were secretly collecting an immense armament for
the relief of Fort Sumter. It is a matter of no importance who
fired the fir.-t gun in the attack on Fort Sumter, the war com¬
menced when a hos ile fleet set sail upon its mission of death.
Lincoln pretends in his inaugural that his only object is to pro¬
tect the property oi the nation, yet he organizes immense armies
all along the lines of the border slave States, commissions them
to seize and take the property of private citizens, holds Maryland
in subjection by ti e aid of her treacherous Governor and his armed
hirelings, and converts the Feceral capital into an entrenched
Camp, and subjects it to all the rigors of martial law.
W e ask, it a man marked by every attribute that can di-grace
a usurping t\rant arid a false heaited hypocrite, should be per¬
mitted to control tor a day, or an hour, the destinies of a free
people ? In this state of affairs the Legislature assembled at
Nashville. The G<> vernor had defiantly refused to call out, a man
to prosecute a war of subjugation, and had also refused to issue
a writ ol election f- r members to Congress. We were bound to
recoynize the fact that war had been already made upon the State,
that for all practical purposes Tennessee was out of the Union,
and every act of legislation has bten based upon that palpable
state of affairs. The Legislature endorsed and approved the ac¬
tion of the Executive. He could have pursued no other course
without disgrace to himself and dishonor to his State. These
resolutions are submitted along with this report
Tennessee is unarmed, and the first great object was to organ¬
ize the military and adopt every means of defence within our
power, menaced as our country is by armies of alarming magni¬
tude. Our western borders exposed to attack, with lite, liberty
and property stak»d upon the issue, it is no time to think of halt-
way measures. The money and the blcod of Tennessee will be
87
called for in no stinted quantities, if it be necessary to protect the
priceless heritage of treedoin that we possess, and which we hold
as a sacred trust for our children. The military bill is also sub¬
mitted with this address to (he judgment of our constituents.
Tennessee is now politically isolated from all of her sisters. She
has no voice in any of their counsels. She will not disgrace her
fair escutcheon by sending delegates to a Government that has
made war against her, and where they are compelled to vote and
speak with the glittering bayonets of a brutal soldiery gleaming
around them. Our proud State will never seek to be represented
in the counsels of its enemies and where wild fanaticism holds its
infernal orgies over the mutilated and mouldering corpse of a once
noble Republic. In the present dangerous attitude, we felt it to
be due to ourselves, to the honor and safety of the State, and to
the imperious demands of our constituents, that an opportunity
should be promptly furnished for cutting loose every real or sup¬
posed tie that binds the people to the Lincoln Government, and to
enable them by a vote at the ballot box to form other political
relations, if it were so desired. In conformity with these obliga¬
tions of duty, the Legislature has prepared two instruments to be
voted upon by t..e people, on Saturday, the 8th of June.
Upon the fiist proposition the people will vote for or against
separation from the old Confederacy. By the second proposition
you will decide for or against a political union with the Conled-
erate States. Both are submitted along with this address. The
proposition for a union adopts the provisional, and not the perma¬
nent Constitution of those States ; this Constitution is also sub¬
mitted to the people. The Legislature has done what has al¬
ready been done by Virginia, and will no doubt be the policy of
North Carolina, and in the company ot these time honored Com¬
monwealths, Tennessee need entertain no fears for her own safety.
If objections are found to the pesmanent Constitution, they can be
removed as a condition of continued Union w ith those States.
In submitting these two grave questions to the popular judg¬
ment, the Legi>lature dispensed with all intermediate agencies,
pi electing to go at once to the great source ot all political power—
the people themselves. The delays, embarrassments and expense of
a convention are thus avoided. Nothing is left to trickery or
political management. You can say whether you desire to sepa¬
rate from the old Government; you can also declare at the ballot
b<>x w hether you desire to unite the lortunes of the Si ate along
with Virginia, North Carolina and Aikansas to the new Confeder¬
acy. By two words—'' separation''' or '' no separation" repre¬
sentation" or " no representation," you will decide the vvh !e ques¬
tion and fix the future de-titiies of the Siate A convention can
do no more, though in session for weeks or months. Whatever
be y<>ur decision it will be conclusive, and from it there can be no
88
appeaL The Legislature has no power to put Tennessee out of
the Union, nor to place it among the Confederate States ; that body
has the authority to order an election, which it has done, and it is
to be sincerely hoped that every voter in Tennessee will be found
at the polls on the day appointed by the. Legislature.
We remark before passing from this subject, that while dif¬
ferences of opinion exist as to the abstract right of secession, no
one denies the right of a people to revolutionize. The right to
" change, alter or abolish," their form of government is a prin¬
ciple engrafted in the fundamental laws of the State. Your rep¬
resentatives have therefore steered clear of the mooted question of
secession, and^submitted a revolutionary document, which, if rati¬
fy d by the popular vote, will sever the ties that bind Tennessee to
her enemies and oppressors, and that, after all, is the object to be
attained, by whatever name it may be called.
The military league which has been formed with the Southern
Confederacy^ also submitted with this address. It was a meas¬
ure of safety imperiously demanded by the war that has been
made upon our State. Jn accomplishing this object we have fallen
back upon the lessons of our ancestors, and regarded the prompt¬
ings of self-preservation in forming alliances when different
parties are threatened with a common danger. Our State is un¬
armed; we must have weapons placed in the hendsof our volun¬
teers to defend the freedom of the South. The Confederate
States can aid us in this all-important matter. We must have a
common head to direct the armies of freedom. Those States fur¬
nish in their Chief Magistrate, a soldier who has proven his ca¬
pacity to lead upon the hardest fought battle fields known to the
history of American warfare. Our people must be relieved, too,
from the burden of keeping up a separate and distinct military or¬
ganization, By the terms of this contract, it will be seen that the
expenses of the State are to be transferred to the common Con¬
federacy that the South is forming, and will be paid from the fruit¬
ful sources of impost duties levied upon commerce when peace is
established.
This league places Tennessee where she deserves to stand—in
company with the old States of Virginia, North Carolina, South
Carolina and Georgia, whose histories are redolent with the glories
of past struggles lor liberty, and whose sons are now prepared to
stand upon their ancient battle-fields to emulate the deeds of their
ancestors. This alliance places the State, too, in close compact
with the younger States of the South, with whom it is indispen¬
sably connected by a thousand ties.
It is gratifying to know the league referred to meets the appro¬
val of men entertaining heretofore all shades of opinion. Let it
be remembered, that the Legislature, impelled as it was. by im¬
perious necessity, in the formation of this alliance, is only the more
89
confident in the correctness of its policy by the conscious belief
that it has formed for the State no ignoble or degrading associa¬
tion. Whatever may be thought of the action of the States that
have left the Union, in regard to their supposed precipitancy, all
must admit that their legislative action has been marked by sound
conservatism and profound statesmanship. These States have
ventured upon no new or untried experiment in the formation of
their Government; they have wisely refrained from making a new
Constitution, but have piously adopted the one framed by the
authors of independence, and under which Tennessee has always
abided as a State—gome alterations and changes have been made,
but only such as time and experience had suggested as important
improvements. It may be truthfully averred that the Constitution
of the United States is now the permanent Constitution of the
Confederate States ; that noble instrument has no existence in
any other State or Government. It has been superceded in the
North by a military despotism; it no longer shields the people of
Tennessee; but this admirable framework of freedom, still re¬
garded as the ark of political safety, and strengthened in its mas¬
sive proportions, has been erected upon Southern soil, and under
• its broad aegis generations of freemen will repose in safety.
It is painful to reflect that Tennessee has no representation in
any national or confederate council; her gallant soldiers will
go forth to battle for a common cause, and but for a short time, at
least, her voice cannot be heard, only through the ballot box in
June.
It is submitted that Tennessee has but one of two alternatives —
either to attempt to maintain a distinct and separate nationality,
or to unite with the other States of the South. If you decide on
the former, provisions should at once be made for new depart¬
ments of government. A Post Office and a Depertment of For¬
eign Affairs will be necessary, besides other arrangements pecu¬
liar to a separate nationality. We ask If the people will not be
at once crushed by the burthens of taxation ? The idea of a Bor¬
der State Confederacy must abandoned. The fr£e States em¬
braced in this plan are the first to lead off for Southern subjuga¬
tion. Through their Governors they have proclaimed that there
is no such thing as neutrality, and have already impudently de¬
manded that Kentucky shall take the field against the slavehold-
ing States. With them Tennessee can have no Union. It is to
be hoped that a military league that has been already commenced
in the South will be promptly formed with the States of Kentucky,
Maryland and Missouri. They demand our sympathies and will
receive our support if required. Missouri is an unarmed giant,
but will respond to the calls of the South as soon as she finds that
the other States are ready to come to her aid. Through the ac¬
tion of a treacherous Governor, Maryland has been manacled by the
90
chains of the tyrant. The heart of the South is with her, and its
sons stand ready to drive the invadi rs from her soil, and to give to
her the rights that traitors and usurpers are seeking to destroy Our
noble and gallant neighbor, Kentucky, is an unarmed knight, con¬
fronted by the reckless assassin whose dagger is ready to be driv¬
en to his heart. The State of Tennessee, the whole >outh, w II
offer their sons to the gallant State, and who now stand ready to
pour out their blood as a rich libation upon the altars o( the dark
and bloody ground. Let past differences, fellow-citizens, lie for¬
gotten in this hour of common danger, and let us work for a united
South. Though our enemies are strong, and united in their un¬
holy purposes, yet standing upon our own side, and defending our
aLers and our friends, the cause is too sacred to be lost. God will
piosper the right; that Being who defended the fathers will not
desert their children while unitedly battling for the inalienable
rights of man.
When this body met, it determinad to sit with clospd doors. We
are aware that this mode of legislation is objected to by some it
is the first time in the history of the State thai the rule had been
adopted, because in that history no case had occurred to call lorth
its exercise. The proceedings of the convention that framed the
Declaration of Independence were in secret. The convention that
framed the Constitution of the United Stites, held its secret ses¬
sions, and the Senate of the United States not unfrequmtly sits
with closed doors. Those who have taken occasion to condemn
us. may be purer than those who framed the I teclararion of Inde¬
pendence, and the Constitution of the United State- ; but we very
much doubt whither they will have a greater hold up n public
confidence But the reasons for our course are our best justifica¬
tion : the country was excited, and the public demands imperious.
We desired to legislate uninfluenced and unretarded by ihe crowds
that would otherwise have attended our deliberations; but still
morje important than this, the western portion of Tennessee wa»
in an exposed condition, with no military defence whatever; the
towns and counties bordering on the Mississippi river were liable
to be assailed at any hour by the armed forces collected at Cairo,
and we desired that no act of legislation on our part, t-hould form
the pretext for such an invasion, so long as it could be avoided.
Our fellow-citizens f West Tennessee, and of Arkansas, are labor¬
ing night and day to erect batteries on the river to prevent a de¬
scent of the enemy. A duty that we owed to them and to the
cause ol humanity demanded that we should not make our action
known till the latest pos-ible moment. If some desbed light,
while we wete at work, we equally desired to save the blood and
the property of Tennessecns. Our doors have now been thrown
open, the Journals will be published—every vote is recorded, and
91
he must be a fan1 t finder indeed who will complain after hearing
the reasons that prompted our actions.
We have briefly touched the principal subjects that engaged the
attention of the Legislature. Tennessee has taken her position
and has proudly determined to throw her banners to the breeze,
and will give her strength to the sacred cause of freedom for the
White Man of the South.
R. G. PAYNE,
Chairman of Joint Select Committee.
EDMUND J. WOOD,
S. S. STANTON,
J. A tMINMS,
G, GANTT,
W. W. GUY,
R03T. B. HURT,
BEN J. J. LEA,
JOSEPH G. PICKETT.
On motion of Mr. Wood, the address submitted by the Com¬
mittee was adopted.
Mr. jVJinnis moved that ten thousand copies of the address be
printed ; which motion was agieed to.
Mr. Bradford presented the following protest, which was ordered
to be spread upon the Journal:
PROTEST.
The Legislative address presented by the Joint Committee of
which the undersigned was a member, not having been completed
until this, morning precludes the propriety of a formal minority
report. A number of the reasons and arguments presented, justi¬
fying the action of the pre<ent extra session, T heartily approve,
and especially the reasons for sustaining the Governor in his re¬
fusal to furnish troops under the proclamation of the President,
and those assigned for the adoption of the injunction of secrecy
at the commencement of the session. I also cordially endorse
those measures which look to resistance to the inhuman, reckless
and au'horiz^d actual and threatened aggressions of the Execu¬
tive at Washington.
But as several of the positions assumed are in conflict with my
convictions of duty, and in conflict with my position already
taken in this body, I considered it my duty to decline my signature
to the address.
This I regret exceedingly to do, as it is tny earnest desire that
in the terrible and fearful conflict which seems to be impending,
the State of Tennessee should be, as far as possible, united and
92
harmonious, without bickerings and divisions among ourselves,
having, as I conceive, enough to do in conflict v?ith enemies. I
therefore present this protest.
May 9, 1861. W. M. BRADFORD.
A message was received from the House of Representatives,
as follows :
Mr. Speaker :
The House of Representatives has considered Senate amend¬
ments to House Bill No. 6, to defray the expenses of the General
Assembly, and concurred in all the amendments and amended
amendment for the benefit of the boy Buck, by adding twenty
dollars additional tor the benefit of the boy George,
The House has adopted House Resolution No. 42, tendering
the thanks of the Legislature to the Presidents of the East Ten¬
nessee and Georgia and East Tennessee and Virginia Railroad
Companies, and the same is herewith transmitted to the Senate tor
concurrence as ordered by the House.
House Resolution No. 41, was taken up.
Mr. Wood offered the following in lieu :
Resolved by the General Assembly of the State of Tennessee, That
the Secretary of State have ten thousand copies of the report
and accompanying documents of the Joint Select Committee ap¬
pointed to prepare an address to the people of Tennessee,
printed and distributed among the counties as early as convenient,
and that the Comptroller issue his warrant for the payment
of the same.
The resolution in lieu was adopted ; and,
On motion of Mr. Wood, the rule was suspended, and the reso¬
lution ordered to be returned to the House of Representatives for
further action.
A message was received from the House of Representatives, as
follows:
Mr. Speaker :
The House of Representatives has passed on third and last
reading, Senate Bill No. 3, to amend the Militia Laws of the State
requiring captains to give notice, and amended the same, and the
bill and amendments are herewith returned lor further action.
House Message returning House Bid No. 6, to defray the ex¬
penses of the Legislature of the State of Tennessee, with an
amendment to the Senate amendment for the benefit of the boy
Buck, was taken up, and the House amendment to the Senate
amendment was concurred in ; and,
93
On motion of Mr. Wood, the bill and amendments were
ordered to be returned to the House of Representatives for en¬
rollment.
House Bill No. 10, to amend sections 2682,2683,2684 and
4765 of the Code, and for other purposes, was taken up on third
reading.
The bill being read, Mr. McNeilly moved to postpone further
action upon it for the purpose of taking up House message re¬
turning Senate Bill No. 3, to amend the Militia Laws of the State
requiring captains to give notice, with amendments; which
motion prevailed.
House amendment to insert after the word " captain" in the
bill the words or officer in command of the company, was con¬
curred in by the Senate.
House amendmendment providing that volunteers out of the
State, being citizens of the State, shall have the privilege of
voting in the election to be held on the 8th of June, was con¬
curred in.
On motion of Mr. Minnis, the rule was suspended, and the bill
ordered to be enrolled.
The consideration of House Bill No, 10, to amend sections
2682, 2683, 2684 and 4765 of the Code, and for other purposes,
was resumed, and the bill passed its third reading.
Ayes 18
Noes 00
Senators voting in the affirmative are :
Messrs. Allen, Boyd, Bradford, Bumpass, Hunter, Johnson,
Lane, Mickley, Minnis, McClellan, McNeilly, Nash, Payne, Rich¬
ardson, Stanton, Thompson, Wood, and Mr. Speaker Stovall—18.
In the negative :
None.
On motion of Mr. Bumpass, the rule was suspended, and the
bill ordered to be returned to the House of Representatives for
further'action.
House Resolution No. 42, tendering the thanks of the Legis¬
lature to the East Tennessee and Georgia' and the East Tennes¬
see and Virginia Railroad Companies, was taken up and con¬
curred in, and the lesolution ordered to be returned to the House
for enrollment.
Senate Resolution No. 34, to authorize Tennessee volunteers
to vote wherever stationed within or without the State, was
taken up; and,
Mr. Stanton asked leave to withdraw the same from the cal¬
ender.
Mr. Trimble asked and obtained leave to record his vote in the
affirmative on the motion to lay on the table House Resolution
94
No. 34, to authorize the Bank of Tennessee to issue circulation to
the Nashville and Northwestern Railroad Company.
Mr. Trimble moved to take the resolution from the table, on
which motion,
Mr. Bumpass demanded the ayes and noes, which were ordered
and resulted :
Ayes
Noes
Senators voting in the affirmative are :
Messrs. Allen, Mickley, Minnis, McNeilly, Payne, Stanton,
Thompson, Trimble, and Mr. Speaker Stovall—9.
Th ose voting in the negative are:
Messrs. Boyd, Bradford, Bumpass, Hunter, Johnson, Lane, Mc-
Clellan, Nash, Kichardson, Stokes, and Mr. Wood—10.
So the Senate refused to take the resolution from the table.
On motion of Mr. Bumpass, the vote ordering ths transmission
of House Bill No. 10, to the House was reconsidered.
On motion of Mr. Payne, the vote passing the bill was recon-
eid red
The hill was then taken up on third reading.
Mr. Payne offered the following amendment:
Be it further cnactel, That section 11 of the act to raise, organ¬
ize and equip a provisional force, and for other purposes, passed
6th, 1861, be so amended as to embrace the word " banks" alter
the word "individual" in the last clause of said section.
Which amendment was adopted.
The bill, as amended, passed its third reading.
Ayes - 18
Noes 00
Senators voting in the affirmative are:
Messrs. Boyd, Allen, Bradford, Bumpass, Hunter, Johnson,
Lane, Mickley, Minnis, McClellan, McNeilly, Nash, Payne, Rich¬
ardson, Stanton, Thompson, Wood, and Mr. Speaker Stovall—18.
Jn the negative:
None.
On motion of Mr. Bumpass, the rule was suspended, and the
bill ordered to be returned to the House of Representatives for
further action.
Mr. Stanton asked and obtained leave to change his vote from
the affirmative to the negative on all the propositions in relation
to the issuance of circulation by the Bank of Tennessee to the
Nashville and Northwestern Railroad Company.
A message was received from the House of Representatives, as
follows:
9
10
95
Mr. Speaker:
I am directed bv the House of Representatives to transmit a
message from the Governor, and a resolution in pursurance there¬
of providing for a Convention of the two Houses, t<> confirm the
appointments of military officers, &c., made by the Governor.
The message from the Governor was taken up and read, as
follows:
Executive Department, )
Nashville, May 9, 1861.$
Gen tlemen of the Senate :
and House of Representatives:
I have nominated, and herewith submit for your confirmation,
the following gentlemen:
For Maj >rs General—Gideon J. Pillow and Samuel R. Anderson.
For Brigadiers General—Felix K. ZollicofFer, Benjamin F. Cheat¬
ham, Robert C. Foster 3d, John L. T. Sneed, and Wm. R. Caswell.
For Adjutant General—Daniel S. Donaldson.
For Inspector General—Wm. H. Carroll.
For Quartermaster General—Vernon K. Stevenson.
For Commissary General—R. G. Fain.
For Paymaster General—William Williams.
For Surgeon General—Dr. Paul F. Eve.
For Assistant Surgeons General—Dr. Joseph C. Newnan and Dr.
John D. Winston.
For Assistant Adjutants General—W. C. Whitthorne, James D.
Porter, Hiram S. Bradford, and D. M. Key.
For Assistant Inspectors General—J. W. Gillespie, James L.
Scudder, John C. Brown, and Alexander W. Campbell.
For Assistant Quartermasters General—Paulding Anderson,
George W. Cunningham, S. T. Bicknell, George W. Fisher,
Thomas Marshall, Thomas Peters, John G. Finnie, W. P. Davis,
and J. H. McMahon.
For Assistant Commissaries General—Calvin M. Fackler, John
M. Brown, Miles M. Draughn, Madison Stratton, James S.Patton,
James W. Duncan, W. W. Guy, and P. T. Glass.
For Assistant Paymasters General—Claiborne Deloach, Wil¬
liam B. Reese, and Thomas Boyers,
For Lie utenant Colonel of Artillery—John P. McCown.
Fbr Military and Financial Board—Neil. S. Brown, James E.
Baily, and William G. Harding,
By reference to your act of the 6th May inst., and the army regu¬
lations it w ill be seen that there are additional nominations yet to
be submitted, the number of which it is impossible for me to deter¬
mine until it is ascertained, with at least some degree of certain-
96
ty, the number of troops that it may be necessary to call into
active service, I have therefore nominated the heads of depart¬
ments with such assistants as I considered necessary to the work
of immediate organization, leaving the developments of the fu¬
ture to determine the additional appointments it may be proper
to make.
Very respectfully, ISHAM G. HARRIS,
House Resolution to provide for a Convention of the two
Houses of the General Assembly at 12-^- o'clock, to confirm the
nominations of military officers made by the Governor, was taken
up and adopted.
On motion of Mr. Bumpass, the rule was suspended, and the
resolution ordered to be returned to the House of Representatives
for enrollment.
On motion of Mr. Richardson, the Senate took a recess of five
minutes, preparatory to meeting the House of Representatives in
Convention, to confirm the appointments of military officers made
by the Governor.
The hour of 12^- o'clock having arrived, the Senate proceeded
in a body to the Hall of the House of Representatives.
*
in convention*
The President took the Chair and called the Convention to
order.
The resolution providing for the Convention was read by the
Clerk.
Representative Pickett moved that the doors of the Hall be
closed ; which motion failed.
Mr. Bumpass moved to reconsider the motion to close the doors
of the Hall; which motion prevailed.
The motion to close the doors was then agreed to.
The message or' the Governor was read by the Clerk.
Mr. Lane moved that the appointments submitted by the Gov¬
ernor in his message be confirmed ; which motion was agreed to.
The object for which the Convention was called being complet¬
ed, the President declared it dissolved.
The Senators returned in a body to their Chamber.
A message was received from the House of Representatives,
as follows :
Mr. Speaker :
The House of Representatives has adopted a resolution to
change the time of adjournment from 2 o'clock to 4 o'clock P.M.,
and the the same is herewith transmitted for the action of the
Senate.
97
House Resolution to change the hour of adjournment from 2
to 4 o'clock P. M., was taken up and concurred in by the Senate.
On motion of Mr. Bumpass, the rule was suspended, and the
resolution ordered to be returned to the House of Representatives
for enrollment.
On motion of Mr. Minnis, the Senate took a recess until 3 o'clock
P. M.
AFTERNOON SESSION.
The Senate was called to order at 3 o'clock by the Speaker.
A message was received from the House of Representatives
as follows :
Mr. Speaker :
The House of Representatives has non-concurred in Senate
Resolution No. 32, to have Hardee's Military Tactics stereotyped,
and the same is herewith returned to the Senate.
The House of Representatives has concurred in Senate Resolu¬
tion No. 34, to print the Constitution of the Confederate States ;
and the same is herewith returned for enrollment.
The House has amended and concurred in Senate Resolution
No. 29, to authorize the Governor to make military appointments
to fill vacancies, and the same i3 herewith returned for further
action of the Senate.
The House of Representatives has adopted House Resolution
No. 3, requesting Judges and Chancellors to suspend their Courts
from time to time, and the same is herewith transmitted for the
action of the Senate.
The House of Representatives has laid on the table Senate
Resolution No. 25, approving the course of Governor Harris in re¬
fusing to call an election for members of Congress, and the same
is herewith returned to the Senate.
House Message returning Senate Resolution No. 29, to author¬
ize the Governor to make military appointments to fiil^vacancies,
with amendments, was taken up; and,
On motion of Mr. Lane, the amendments of the House were
concurred in, and the resolution ordered to be enrolled.
7 s
96
House Resolution No. 3, requesting Judges and Chancellors to
suspend their Courts from time to time, was taken up and adopted.
On motion of Mr. Horn, the rule was suspended, and the. reso¬
lution ordered to be returned to the House of Representatives for
enrollment.
The members of the Committee on Enrolled Bills all being ab¬
sent, the Speaker appointed Messrs. Lane and Horn to act on
said Committee.
Mr. Lane from the Committee on Enrolled Bills, reported as
correctly enrolled, Senate Resolutions Nos. 29 and 34.
A message was received from the House of Representatives, as
follows :
Mr. Speaker:
The Speaker of the House of Representatives has signed the
following enrolled Joint Resolutions and Acts, and they are here¬
with transmitted for the signature of the Speaker of the Senate.
Joint resolution requesting the Judges and Chancellors to post¬
pone their Courts from time to time.
Joint resolution to authorize the Governor to make appoint¬
ments to fill vacancies.
Joint resolution to print the Constitution of the Confederate
States.
An act to amend sections 2682, 2683, 2684, and 4765 of the
Code, and for other purposes.
An act to amend the Militia Law of the State requiring Cap¬
tains to give notice, and for other purposes.
An act to defray the expenses of the General Assembly.
Joint resolution fixing the time of adjournment of the Legisla¬
ture at 4 o'clock in place of 2 o'clock.
On motion of Mr. Bumpass, the thanks of the Senate were ten¬
dered to the Speaker for the able and impartial manner in which
he has discharged the duties of his position during the present
session.
The hour of four o'clock having arrived, the Speaker declared
the Senate adjourned until 12 o'clock M., on Monday, the 17thof
June next, in accordance with the joint resolution adopted by
both houses.
99
MONDAY, JUNE 37, 1831.
The Senate met pursuant to adjournment.
The Speaker being absent, Mr. Bumpass moved that Mr. New¬
man take the Chair ; which motion prevailed.
Mr. Payne offered the foliowing resolution (Senate Resolution
No. 35,) :
Resolved by the Senate, That any newly elected member of this
body shall be required to take the following oath before ak ng
his seat :
I, , do solemnly swear (or affirm) that as a member
of this General Assembly, I will in all appointments vote without
favor, partiality or prejudice, and that 1 will not propose or as¬
sent to any bill, vote, or resolution which shall appear to me in¬
jurious to the people, or consent to any act or thing whatever, that
shall have a tendency to lessen or abridge their rights and privi¬
leges as declared by the Constitution of this State ; and I further
more swear that I will support the Constitution of the State of
Tennessee. '
On motion of Mr. Payn^ the rule was suspended and the reso¬
lution taken up and adopted.
The credentials of Washington Barrow, Senator elect from the
county of Davidson, to fill the vacancy occasioned bv the resig¬
nation of John Trimble, wrere presented, and the oath of office
was administered to Mr. Barrow by R. L. Crenshaw, Esquire, a
Ju slice of the Peace for Davidson county.
Mr. Payne offered the following resolution (Senate Resolution
No. 36,):
Resolved by the General Assembly of the State of Tennessee, That
the Joint Select Committee on Military Affairs, be required to pre¬
pare and report a bill for the organizing, disciplining and arming
the entire military force of the State; said bill to call for the ser¬
vices of all persons between sixteen and fifty-five years of age,
capable of bearing arms; and also to bring into requisition, as
far as possible, all the arms of the State now in possession of pri¬
vate persons.
On motion of Mr. Payne, the rule was suspended and the reso¬
lution taken up and adopted.
On motion of Mr. Payne, the vote adopting the resoluti >n was
reconsidered.
The resolution lies over under the rule.
Mr. Stanton introduced Senate Bill No. 7, to increase the pay
of privates in the Tennessee volunteer troops to fifteen dollars per
month, which passed its first reading.
100
Mr. Stanton introduced Senate Bill No. 8, to make the pay of
Orderly Sergeants equal to that of Second Lieutenants, which
passed its first reading.
On motion of Mr. Payne, the Senate adjourned until to-mor¬
row morning at 9 o'clock.
TUESDAY MORNING, JUNE 18, 1861.
The Senate met pursuant to adjournment.
Mr. Speaker Stovall in the Chair.
The Journal of yesterday was read and confirmed.
Mr. Newman presented a memorial from the field officers and
Captains of Col. A. S. Fulton's regiment, stationed at Camp
Trousdale, praying that appointments of Regimental Quartermas¬
ters and Commissaries be made from fehe volunteers in the several
regiments, which was read ; and,
On motion of Mr. Bumpass, ordered to be transmitted to the
House of Representatives.
Mr. Peters offered the following resolution (Senate Resolution
No. 37,):
Resolved by the Senate, That the Judiciary Committee be in¬
structed to report a bill suspending the action of the courts in all
but criminal cases, so as to arrest the great sacrifice of property by
forced levy sales.
On motion of Mr. Peters, the rule was suspended, and the reso¬
lution taken up ; and,
On motion of Mr. McClellan, referred to the Committee on the
Judiciary.
Mr. Payne offered the following resolution (Senate Resolution
No. 38.):
Resolved by the G-eneral Assembly of the State of Tennessee, That
the Governor be authorized and requested to place at the disposal
of the Confederate States, such portions of the volunteer forces of
the State of Tennessee as may be deemed prudent and advisable,
the same to be mustered into the service of said States; and that
in making arrangements therefor, he shall have in view the pla¬
cing of the defense of the State under the immediate control and
direction of the President of the Southren Confederate States.
The resolution lies over under the rule.
101
Mr. Minnis offered the following resolution (Senate Resolution
No, 39,):
Resolved, That in the opinion of the Senate, under Art. 2, Sec.
26, Constitution of Tennessee, the holding of a military office does
not disqualify a member for holding a seat in this body.
On motion of Mr. Thompson, the rule was suspended and the
resolution taken up.
Mr. Hildreth offered the following in lieu of the resolution :
Resolved by the Senate, That the position now held by T. W.
Newman in the militia of the State, does not disqualify him for
holding his seat as a member of this body ; which was adopted.
The resolution as amended was adopted.
On motion of Mr. Payne, the rule was suspended and Senate
Resolution No. 38, to transfer volunteer forces to the Confederate
States, was taken up and referred to the Joint Select Committee
on Military Affairs.
Mr. Payne introduced Senate Bill No. 9, to amend an act en¬
titled an act to raise, organize and equip a provisional force, and
for other purposes, which passed its first reading ; and,
On motion of Mr. Payne, was referred to the Joint Select
Committee on Military Affairs.
Mr. Thompson introduced Senate Bill No. 10, to protect the
State of Tennessee against Federal office holders, whicii passed its
first reading.
Senate Resolution No. 36, directory to the Joint Select Commit¬
tee on Military officers, was taken up,.
On motion of Mr. Payne, the word, "sixteen" was stricken
out where it occurs in the resolution, and eighteen inserted, and
the words " fifty-five" were stricken out and forty Jive inserted.
The resolution as amended was adopted ; and,
On motion of Mr. Payne, the rule was suspended, and it was
ordered to be engrossed and transmitted to the House of Repre¬
sentatives.
SENATE BILLS ON SECOND READING.
Senate Bill No. 7, to increase the pay of privates in the Tennes¬
see volunteer forces to fifteen dollars per month, passed second
reading ; and,
On motion of Mr. Payne, was referred to the Joint Select Com¬
mittee on Military Affairs.
Senate Bill No. 8, to make the pay of Orderly Sergeants equal
to that of Second Lieutenants, passed second reading; and,
On motion of Mr. Stanton, was referred to the Joint Select Com¬
mittee on Military Affairs.
On motion of Mr. Bumpass, the Senate took a recess until 3
o'clock P. M.
102
AFTERNOON SESSION.
The Senate was called to order by the Speaker at 3 o'clock.
Mr. Payne introduced Senate Bill No. II, to transfer the Her¬
mitage to the Confederate Government, which passed its first
reading ; and,
On motion of Mr. Payne was referred to the Committee on
Federal Relations.
Mr. Thompson introduced Senate Bill No. 12, to repeal the 7th
section of an act passed May 6th, 1861, entitled an act to submit
to a vote of the people a Declaration of Independence, and for
other purposes, which passed its first reading ; and,
On motion of Mr. Thompson, was referred to the Committee
on Federal Relations.
Mr. Thompson moved that a committee of three be appointed
to wait upon his Excellency, the Governor, and ascertain if he
has any communication to make to the General Assembly; which
motion was disagreed to.
Mr. Payne moved that the Senate take a recess for half an
hour; which motion failed.
Mr. Peters moved that the Senate take a recess until 4 o'clock;
which was disagreed to.
A message was received from the House of Reprerentatives, by
Mr. DeWolfe, their cle'k, as follows :
Mr. Speaker :
I am directed to inform the Senate that Ira P. Jones, of David¬
son, has been admitted to a seat as a member of the House of
Representatives, to fill the vacancy occasioned by the resignation
ot E. H. East; and that Charles M. Hayes, has been elected first
Assistant Clerk ; and Natt. G. Atkinson, second Assistant Clerk,
to fill the vacancies occasioned by the resignations of John E.
Helms and John A. Campbell.
1 herewith transmit House Resolution No. 48, adopted by the
House for the action of the Senate.
House Resolution No, 48, to raise a Joint Select Committee t
wait upon his Excellency, the Governor, was taken up ; and,
On motion of .Mr. Payne, was laid on the table.
A message was received from the House of Representatives
transmitting a message Irom his Excellency, the Governor, which
was taken bp and read, as follows:
103
Executive Department,
Nashville, June 18, J8G1.
Gentlemen of the Senate
and House of Representatives :
Since your adjournment on the 9th of the last month, the peo¬
ple of Tennessee, acting in their sovereign capacity, and in the
exercise of an inalienable right, have, in the most solemn and de¬
liberate manner dissolved their connection with the Government
of the United States, and by the adoption of the Provisional Con¬
stitution of the Confederate States of America, have made Ten¬
nessee a member of that Government.
I pause in the midst of the arduous duties which devolve upon
me, to congratulate you and the country upon the near approac i
to unanimity, and the readiness with which the brave arid patri¬
otic people of our proud commonwealth have severed their con¬
nection with a Government endeared to them by so many recol¬
lections, and to which they had been so long attached, but which
has been subverted by gross usurpations and converted into an
engine of oppression, destructive of their rights, liberties and
equality, and which in the mere wantonness of its boasted power,
demands that these inalienable attributes of freemen shall be
promptly—nay, basely surrendered or maintained at the point of
the bayonet.
Those who have read and comprehended the patriotic devotion
of our people to the eternal principles of justice, equality, and
right, their native love of independence, and their chivalrous
deeds in defence of those principles, as shown by the whole his¬
tory of the State, could not have doubted as to the position that
Tennessee would occupy upon the presentation of such an issue.
While it is to me a source of regret that entire unanimity was
not* attained at the ballot-box, in the decision of the vitally im¬
portant and exciting questions referred to, I have entire confi¬
dence that now the deliberate and impartial judgment of the over¬
whelming majority of the people of the State having been re¬
corded, the whole people, forgetting these differences of opinion,
however earnestly and honestly entertained, will stand together
as one man in maintaining the rights, honor and dignity of Ten¬
nessee, and in preserving the domestic tranquility of the commu¬
nity. The time for crimination and recrimination has passed ;
threatened by a common enemy, imperiled by a common danger,
bound together by ties which cannot be severed, we are identical
in interest, we must be so in action.
The State of Tennessee, co-operating with her sister States of
the South, has been compelled to take up arms in defence of
104
rights she could not surrender. To this war thus forced upon us,
there can be but two sides. 1 cannot believe that there is any
portion of our people who will espouse the cause of the enemies
of Tennessee, or be indifferent spectators of the contest.
Impartial history will attest that no free people, jealous of their
rights, have been more observant of their constitutional duties, or
more loyal to their Government. Exacting no peculiar privileges,
they have at all times been ready to acknowledge and maintain
the rights of others. In times of common peril they have always
stood firm and contributed their full proportion of talent, both to
the Cabinet and the field, and now that we have exhausted the
last remedy, have made the last appeal to the reason and justice
of those who would oppress us, and have been driven to the ne-
nessity of taking our rights into our own hands and defying the
power that assails thein, there certainly cannot be a part oi our-
people who will not spurn the usurper and resist him to the last
extremity.
In the midst of the gloom and privations necessarily incidental
to a state of war, let us console ourselves with the reflection that
we occupy the same relation to posterity that our fathers of the
first revolution occupied to us.
They enjoyed the glorious privilege of establishing the great
principle, which secured to us civil and religious liberty, and
political equality ; while it is our privilege and solemn duty to
maintain and transmit to posterity the same great principle un¬
impaired.
The spirit and determination manifested by the people of the
whole South, to maintain this principle against the tyranny of
usurpation, gives the highest and most cheering assurance that
America wili still be the abiding place of self government and
free institutions ; and proves the truth of the long disputed theory
of our fathers, that a brave and enlightened people, educated in
the doctrine of individual and State equality, are capable, and of
right, ought to govern themselves. In the midst of federal revo¬
lution, perfect order has been preserved in our State Government;
in the moment of dissolving our former federal fabric, another,
new, and of perfect and enduring proportions, is reared, leaving
us at no time without the fud benefit of Government, or the secu¬
rity of laws.
The new relations which we have assumed, in becoming a part
of the Provisional Government of the Confederate States, imposes
the necessity of some additional legislation. I cheerfully submit
to your consideration all questions pertaining to our federal rela¬
tions, for such legislation as may be necessary to us as a part of
that Government.
There has been, for many years, a statute in the State defining
the crime of treason, and prescribing the punishment.
105
I respectfully recommend that you amend that law to the extent
of striking out the words " United States," and insert, in lieu of
them, Confederate States.
Under the provisons of the act of 1852, the principal and inter¬
est of the internal improvement bonds of the State are made pay¬
able in the city of New York. It will be impossible to pay the
interest accruing, at that point, during the continuance of the war.
I recommend that you so amend the law referred to as to re¬
quire the payment at the Bank of- Tennessee, at Nashville, or at
Charleston, or New Orleans, of all sums which may become due
from the State to the people of all Governments, which are on
terms of peace and friendship with us, who are and were, previous
to the commencement, of the war, bona jide owners of our bonds,
and that you adopt such policy towards the owners and holders of
our bonds, who are citizens of States at war with us, as is recog¬
nized and justified by the law of nations regulating their inter¬
course, as belligerents.
The ordeal through which the country is now passing necessa¬
rily prostrates the trade and commerce of the country, and de¬
ranges the currency to a greater or less extent. Such legislation
as will tend to secure a uniform currency throughout the Confed¬
erate States is of the highest importance. I therefore submit the
question to your considertion for such action as in your opinion
the general welfare demands.
By the section of the act of the 6th of May, 1861, it is
made the duty of the Governor to issue bonds of the State, for the
purpose of raising a fund with which to defray the expenses of the
provisional army of the State. In view of the scarcity of a circu¬
lating medium, and the probable difficulty of converting any con¬
siderable amount of bonds into money in times like the present, I
respectfully recommend that you so modify that act as to author¬
ize the issuance of Treasury Notes to the extent of three-fifths of
the amount authorized to be issued, in lieu of that amount of said
bonds ; and that the same, when issued, be made receivable by
the State in payment of all taxes or government dues.
In obedience to your act of Gth May, 1861, I have caused to be
organized, armed and equipped, twenty-one regiments of infantry
now in the field, ten artillery companies in progress of organiza¬
tion, and a sufficient number of cavalry companies to compose one
regiment. The organization of an engineer corps is nearly com¬
pleted.
In addition to which, we have three regiments mustered into
the service of the Confederate States now in Virginia, and a num¬
ber of our citizens in the service of that government stationed at
Pensacola. For full and accurate information as to the army or¬
ganization, I refer you to the reports of the proper officers, here¬
after to be laid before you, if desired. It is proper to remark, in
106
this connection, that without even a call being made upon them,
a much larger number of our patriotic citizens have tendered
their services to the State than I have thought proper to accept..
Should the necessities of the State at any time require a larger
force, I feel assured that our brave and gallaftit people will rush
with alacrity to the field, so as to swell the force to the point
of equaling any such necessity.
I commend those brave and patriotic citizen soldiers to your
most favorable consideration, and recommend the adoption of
such measures as will most tend to promote their health and com¬
fort while in the field.
It is proper that I call your attention to the fact that a few days
since, Return J. Meigs, Esq., resigned the office of Librarian to
the State. The office is now vacant, and the duty of filling it
by election devolves upon you.
I cannot, in justice to my own feelings and sense of duty, close
thD communication without urging upon you, and through you
upon those you represent, the importance and propriety of mod¬
eration, forbearance, and conciliation in your intercourse with each
other, however widely and earnestly you may have differed in
your opinions and actions upon the important and exciting ques¬
tions so recently settled.
Invoking a continuation of the blessings of the Supreme Ruler
of the universe upon our, cause, our country, and our people, 1
submit the matter to your hands.
ISHAM G. HARRIS.
On motion of Mr. Payne, five hundred copies of the message
were ordered to be printed for the use of the Senate.
On motion of Mr. Payne, the Senate adjourned until to-mor¬
row morning at 10 o:clock.
WEDNESDAY, JUNE 19th, 1861.
The Senate met pursuant to adjournment.
Prayer by the Rev. Jno. B. McFeirin.
The journal of yesterday was read and approved.
Mr. Wood presented a petition from citizens of Warren county,
praying that certain amendments be made to the militia laws of
the State, the reading ot which, on Mr. Wood's motion, was dis-
107
pensed with, and the same was referred to the Joint Select Com
mittee on Military Affairs.
Mr. Payne introduced Senate Bill No. 13, to amend the act to
raise, organize and equip a provisional force, and for other pur¬
poses, which passed its first reading; and,
On motion of Mr. Payne, was referred to the Joint Select Com¬
mittee on Military Affairs.
Mr. Payne introduced Senate Bill No. 14, to confisjate the
property and effects of persons residing in the United States of
America, and of money and effects claimed by the Government of
said United States, which passed its first reading; and,.
On motion of Mr. Payne, was referred to the Joint Select Com¬
mittee on Federal Relations.
On motion of Mr. Bradford, fifty copies of the bill were ordered
to be printed f-or the use of the Senate.
Mr. Peters introduced Senate Bill No. 15, to amend sections
4746, 4747 and 4748 of the Code of Tennessee, which passed its
first reading ; and,
On motion of Mr. Peters, was referred to the Committee on the
Judiciary.
Senate Bill No. 10, to protect the State of Tennessee ^against
Federal office-holders, was taken up and passed its second read¬
ing; and,
On motion of Mr. Thompson, was referred to the Committee on
Federal Relations.
Mr. Peters introduced Senate Bill No. 16, to extend the time
for perfecting land titles ; which passed its first reading.
On motion of Mr. Stokes, Mr. Barrow was added to the Com¬
mittee on the Judiciary, to fill the vacancy in the Committee oc¬
casioned by the resignation of Mr. Trimble.
Mr. Lane offered the following resolution (Senate Resolution
No. 40,):
Whereas, a revolution now exists in Tennessee, and in certain
portions of the State the people are much divided as to the policy
and manner adopted by the majority of her citizens dissolving
her connection with the United States, and asserting her inde¬
pendent sovereignty, as well also as to the propriety and manner
by which she becomes one of the Confederate States, and in view
of the fact that many animated, angry and heated discussions are
in many places being held by persons acting under a high degree
of excitement ; therefore,
Resolved by the General Assejnbly of the State of Tennessee, That
a change in our statutes on the sutject of treason is deemed un¬
necessary and unwise by this General Assembly.
On motion of Mr. Lane, the rule was suspended, and the reso¬
lution taken up.
Mr. Tayne asked and obtained leave to withdraw the resolution
108
for amendment, and subsequently returned it with the following
which he offered in lieu:
Whereas, the people of Tennessee, by a large majority, have
dissolved all further political relations with the Government of
the United States, and trusting, as we do, to the patriotism and
loyalty of those who cast their votes against such separation that
they will submit to the decision and abide the fortunes of their
State; therefore,
Resolved by the General Assembly of the State of Tennessee, That
we, the members of the General Assembly do earnestly appeal to
the good citizens of the State to unite as one man against the com¬
mon enemy ; that we shall continue to trust to their love of coun¬
try and of their homes rather tharPto stringent measures of legis¬
lation ; and therefore, that, in our judgment, neither new enact¬
ments for the punishment of treason nor the passage of test oaths
to insure a pledge of loyalty from the citizens, are the remedies
to be at present applied, but rather a continued reliance upon the
patriotism and intelligence of the masses of the people of Ten¬
nessee.
The resolution in lieu was adopted.
On the adoption of the resolution as amended, Mr. Stokes de¬
manded the ayes and noes, which were ordered, and resulted :
Ayes - 21
Noes 00
Senators voting in the affirmative are :
Messrs. Barrow, Bradford, Boyd, Bumpass, Hildreth, Horn,
Hunter, Johnson, Lane, Minnis, McClellan, McNeilly, Payne,
Peters, Richardson, Stanton, Stokes, Stokely, Thompson, Wood,
and Mr. Speaker Stovall—21.
In the negative :
None.
So the resolution was adopted unanimously.
On motion of Mr- Lane, the rule was suspended, and the reso¬
lution ordered to be engrossed and transmitted to the House of
Representatives.
On motion of Mr. Stokely, the Senate topk a recess until 3
o'clock P. M.
109
AFTERNOON SESSION.
The Senate was called to order at 3 o'clock by the Speaker.
Mr. Stanton introduced Senate Bill No. 17, to provide for phy¬
sicians to look after the general health of soldiers, which passed
its first reading ; and,
On motion of Mr. Stanton, was referred to the Joint Select
Committee on Military Affairs.
Mr. Peters introduced Senate Resolution No. 41, as follows :
Resolved by the General Assembly of the State of Tennessee, That
the Military Board be requested, if not incompatible with the
public interest, to communicate to the Legislature the nature and
extent of the artillery service of the State ; the number of cannon
on hand, and the number ordered to be brought into service; the
quantity ordered by the Board from home manufacturing estab¬
lishments ; the number of artillery companies equipped and mus¬
tered into service, and those in prospective formation; the extent
of the means to supply that branch of the service with rifled can¬
non, and the number of manufacturing establishments engaged
in making cannon ; also, the number of organized flying artil¬
lery companies in the field, and in course of preparation, and the
progress made in having arms made in the country by private
artisans.
On motion of Mr. Peters, the rule was suspended, and the
resolution taken up and adopted, and ordered to be engrossed
and transmitted to the House of Representatives.
Mr. Payne introduced Senate Bill No-18, to obtain supplies
for the Provisional Army of Tennessee; which passed its first
reading.
Mr. Stanton presented a memorial from several citizens of
Putnam and Cumberland counties, praying that Jno. H. Officer,
who lives on the line of said counties, be attached to Putnam
county ; which was read, and on motion of Mr. Stanton referred
to the Committee on the Judiciary.
Mr. Horn offered the following resolution (Senate Resolution
No. 42,):
Resolved by the General Assembly of the State of Tennessee, That
the two Houses meet in Convention in the Representatives' Hall
on Thursday, the 20th day of June, 1861, at 11 o'clock A. M., to
elect a State Librarian to fill the vacancy occasioned by the resig¬
nation of R. J. Meigs.
On motion of Mr, Horn, the rule was suspended, and the reso-
110
lution taken up and adopted and ordered to be engrossed and
transmitted to the House of Representatives.
On motion of Mr. McClellan, ttie Senate adjourned till 10 o'clock
to-morrow morning.
THURSDAY MORNING, JUNE 20, 1861.
The Senate met pursuant to adjournment.
The Journal of yesterday was read and approved.
Mr. Bradford from the Committee on Enrolled Bills, reported
Senate Resolutions Nos. 40, 41 and 42, as correctly engrossed.
Mr. Allen asked and obtained leave to record his vote in the
affirmative on the adoption of Senate Resolution No. 40.
Mr. Bumpass introduced Senate Bill No. 19, to regulate the
manner of paying the officers and privates of the provisional
army of Tennessee, which passed its first reading.
A message was received from the House of Representatives by
Mr. Atkinson, their Clerk as follows:
Mr. Speaker:
The House of Representatives has considered and adopted
House Resolution No. 46, requesting Judges not to hold their
Courts for the period of twelve months.
House Resolution No. 47, a resolution of instruction to the
Joint Select Committee on Military Affairs.
House Resolution No. 51, providing for a Convention of the
two Houses to elect a Librarian, and the same is herewith trans¬
mitted for the action of the Senate.
Mr. Payne from the Joint Select Committee on Federal Rela¬
tions, reported back Senate Bill No. 10, to protect the State of
Tennessee against Federal office holders, and recommended its re¬
jection ; also Senate Bill No. 11, to transfer the Hermitage to the
Confederate States, and asked to be discharged from its further
consideration.
House Resolution No. 46, requesting Judges not to hold their
Courts, was taken up and concurred in by the Senate.
House Resolution No. 47, of instruction to the Joint Select Com¬
mittee on Military Affairs, was taken up; and,
Ill
On motion of Mr. Payne, referred to the Joint Select Committee
on Military Affairs.
House Resolution No. 51, to hold a Convention of the two
Houses to elect a State Librarian, was taken up and adopted ; and,
On motion of Mr. Horn, the rule was suspended and the reso¬
lution ordered to he returned to the House of Representatives for
enrollment.
Senate Bill No. 11, to transfer the Hermitage to the Confederate
States, was taken up on second reading ; when,
Mr. Payne asked and obtained leave to withdraw the same from
the ca'endar.
Senate Bill No. 16, to extend the time for perfecting land titles,
was taken up and passed its second reading.
Senate Bill No, 18, to obtain supplies for the Provisional Army
of Tennessee, passed its second reading ; and,
On motion of Mr. Payne, was referred to the Joint Select Com¬
mittee on Military Affairs.
Mr. Bumpass asked and obtained leave of absence for Mr.
Peters on account of sickness.
On motion of Mr. iStokely, the Senate took a recess of three
minutes preparatory to meeting the House of Representatives in
Convention to elect a State Librarian.
The time for which the recess was taken having expired, the
Speaker called the Senate to order, and the Senators proceeded
in a body to the Hall of the House of Representatives.
IN CONVENTION,
The President took the Chair and called the Convention to
order, and directed the Clerk to read the resolution providing for
the assembling of the Convention.
The President announced that nominations for the office of
State Librarian were in order.
Representative Gantt nominated John E. Hatcher, of the county
Davidson.
Representative Bledsoe nominated B. E. Bentley, of the county
of Davidson.
Representative Lockhart nominated Thomas Askew, of the
county of Stewart.
Representative Woods nominated George A. Lieper, of the
county of Davidson.
Mr. Barrow nominated Benjamin Litton, of the county of
Davidson.
There being no other nominations the Convention proceeded
to ballot.
FIRST BALLOT.
Senators voting for Mr. Hatcher are:
112
Messrs. Bradford, Boyd, Bumpass, Horn, Stanton, Stokes,
Stokely, and Mr. Thompson—8.
For Mr. Leiper :
Messrs. Johnson, McClellan, McNeilly, Payne,^Richardson, and
Mr. Wood—6.
For. Mr. Bentley :
Messrs. Hildreth Lane,and Mr. Minnis—-3.
For Mr. Askew:
Messrs. Hunter, Newman, and Mr. Speaker Stovall—3.
For Mr. Litton:
Messrs. Allen and Barrow—2.
The vote of the House of Representatives was:
For Mr. Hatcher 14
For Mr. Leiper 9
For Mr. Bentley 10
For Mr. Askew 22
For Mr. Litton 2
The vote of the Convention was :
For Mr. Hatcher . .22
For Mr. Leiper 15
For Mr. Bentley ^ 13
For Mr. Askew 25
For Mr. Litton 4
Mr. Barrow withdrew the name of Mr. Litton.
There being no election, the Convention proceeded to vote a
second time.
SECOND BALLOT.
Senators voting for Mr. Hatcher are :
Messrs. Allen, Bradford, Boyd, Bumpass, Horn, Richardson,
Stanton, Stokes, and Mr. Stokely—9.
For Mr. Leiper:
Messrs. Johnson, McNeilly, Payne, and Mr. Wood—4.
For Mr. Bentley :
Messrs. Barrow, Hildreth, Lane, and Mr. Minnis—4.
For Mr. Askew :
Messrs. Hunter, McClellan, Newman, Thompson, and Mr.
Speaker Stovall—5.
The vote of the House of Representatives was :
For Mr. Hatcher 19
ForMr. Leiper- •• 8
For Mr. Bentley 9
For Mr. Askew 21
The vote of the Convention was :
For Mr. Hatcher 28
For Mr. Leiper ......... 12
For Mr. Bentley 13
For Mr. Askew 26
113
There being no election the Convention proceeded to vote a
third time.
THIRD BALLOT.
Senators voting for Mr. Hatcher are:
Messrs. Allen, Bradford, Boyd, Horn, Richardson, Stanton,
Stokes, and Mr. Stokely—9.
For Mr. Askew.
Messrs Hildreth, Hunter, Johnson, Lane, McClellan, McNeilly,
Newman, Thompson, Wood, and Mr. Speaker Stovall—10.
For Mr. Bentley.
Messrs. Barrow and Minnis.—2.
For Mr. Leiper.
Mr. Payne—1.
The vote of the House of Representatives was :
For Mr. Hatcher - • • *19
For Mr. Askew 55
For Mr. Bentley 6
For Mr. Leiper 7
The vote of the Convention was :
For Mr. Hatcher 28
For Mr. Askew 35
For Mr. Bentley 8
For Mr. Leiper 8
Representative Bledsoe withdrew the name of Mr. Bentley.
Representative Woods withdrew the name of Mr. Leiper.
There being no election the Convention proceeded to vote a
fourth time.
FOURTH BALLOT.
Senators voting for Mr. Hatcher are:
Messrs. Allen, Barrow, Bradford, Boyd, Bumpass, Hildreth,
Horn, Richardson, Stanton, Stokes, and Mr. Stokely—11.
For Mr. Askew.
Messrs. Hunter, Johnson, Lane, Minnis, McClellan, McNeilly,
Newman,Payne, Thompson, Wood,andMr. Speaker Stovall—11.
The vote of the House of Representatives was :
For Mr. Hatcher 29
For Mr. Askew 28
The vote of the Convention was:
For Mr; Hatcher 40
For Mr. Askew 39
Mr. Hatcher having received a majority of all the votes cast
was declared duly and constitutionally elected State Librarian.
8 s
114
The business for which the Convention was called having been
accomplished, the President declared it dissolved.
The Senators returned in a body to their Chamber, and were
called to order by the Speaker.
Senate Bill No. 10, to protect the State of Tennessee against
Federal officeholders, was taken up on second reading.
Mr. Stokely moved that the report of the Joint Select Com¬
mittee on Federal Relations recommending the rejection of the
bill be concurred in, which motion prevailed, and the bill was
rejected on its second reading.
On motion of Mr. Bumpass, the Senate adjourned until to¬
morrow morning at 8 o'clock.
FRIDAY MORNING, JUNE 21, 1861.
The Senate met pursuant to adjournment.
The Journal of yesterday was read and approved.
Mr. Lane from the Joint Select Committee on Military Affairs,
reported as follows:
The Joint Select Committee on Military Affairs have had the
following Senate Bills under consideration : No. 7, to increase the
pay of privates in the Tennessee service to fifteen dollars per
month.
Senate Bill No. 8, to make the pay of Orderly Sergeants equal
to that of 2d Lieutenants. ,
Senate Bill No. 9, to amend an act passed May 6, 1861.
Senate Bill No. 13, to amend an act to raise, organize and equip
a provisional force and for other purposes, and also Senate Bill
No. 17, to provide for Physicians to look after the general health
of soldiers. Your Committee recommend a bill in lieu by the
Committee of all said bills except No. 17, which was unanimous¬
ly rejected by the Committee ; they have also considered Senate
Resolution No. 38, and recommends its adoption. All of which is
respectfully submitted,
J. T. LANE, Chairman.
Senate Bill No. 19, to regulaie the manner of paying the officers
and soldiers of the Provisional Army of Tennessee, passed its
second reading.
115
Senate Bill No. 16, to extend the time for perfecting land titles
was taken up on third reading.
Mr. Stanton moved fo refer the bill to the Committee on the
Judiciary, which motion failed.
The bill then passed its third reading.
Ayes 18
Noes 4
Senators voting in the affirmative are:
Messrs. Allen, Barrow, Bradford, Bumpass, Horn, Hunter, John¬
son, Lane, Minnis, McClellan, McNeilly, Newman, Payne, Peters,
Stokes, Thompson, Wood, and Mr.*Speaker Stovall—18.
Those voting in the negative are ;
Messrs. Boyd, Hildreth, Richardson, and Mr. Stokely—4.
Mr. Stanton asked to be excused from voting on the proposition ;
which request was granted.
On motion of Mr. Peters, the rule was suspended and the bill
was ordered to be engrossed and transmitted to the House of
Representatives.
Mr. Payne from the Joint Select Committee on Federal Rela¬
tions reported back Senate Bill No. 12, to repeal the 7th section
of an act passed May 6th, 1861, entitled an act to submit to a
vote of the people a Declaration of Independence and for other
purposes, with a bill in lieu, entitled a bill to provide for electing
delegates to the Provisional Congress of the Confederate States
of America, and recommended its adoption.
Senate Bill No. 12, to repeal the 7th section of an act passed
May 6th 1861, entitled an act to submit to a vote of the people
a Declaration of Independence and for other purposes, was taken
up on its second reading.
The bill in lieu offered by the Joint Select Committee on Fed¬
eral Relations was withdrawn by Mr. Payne, by the unanimous
consent of the Senate.
The bill then passed its second reading ; and,
On motion of Mr. Stokes, was referred together with the bill
offered in lieu, to the Senators from the Eastern Division of the
State.
Mr. Lane moved that the Senate take a recess until 10 o'clock ;
which motion prevailed.
The hour of 10 o'clock having arrived, the Speaker called the
Senate to order.
Mr. Stokely presented the following protest which was ordered
to be spread upon the Journal.
110
PROTEST.
We, the undersigned members of the Senate, being called out
of the Senate on particular business at the time of the adoption
of House Resolution No. 40, and the ayes and noes not being
called on said resolution, and we having no other opportunity to
show our dissent from said resolution, except by this our protest.
We believe the policy advised by said resolution to be detrimental
to the interests, welfare, peace and prosperity of our constit¬
uents ; for these, and various other reasons, we ask that this our
protest maybe spread upon the Journal of the Senate.
June 21, 1861.
D. V. STOKELT,
W. M. BRADFORD.
A message was received from the House of Representatives by
Mr. Atkinson their Clerk, as follows:
Mr. Speaker:
The House of Representatives has considered and adopted
House Resolution No. 55,"to raise a Joint Committee on the
Permanent Constitution of the Confederate States of America,"
and the Speaker has appointed Messrs. Dudley, Williams of
Hickman, Jones of Davidson, Gantt, and Mr. Woods the Committee
cn the part of the House, and the same is transmitted for the
action of the Senate.
The House has also considered and adopted Plouse Resolu¬
tion No. 50," a resolution to authorize the Military and Financial
Board to appoint persons to settle accounts at Memphis and
Knoxville," and the same is herewith transmitted for the action
of the Senate.
The House has also had the following Senate Resolutions
under consideration :
Senate Resolution No. 40, in regard to patriotism and loyalty
of citizens of Tennessee ; which was adopted, and is hereby re¬
turned to the Senate for enrollment.
Senate Resolution No. 41, directory to the Military Board, and
laid the same upon the table.
Senate Resolution No. 42, to provide for a Convention of the
two Houses to elect a Librarian ; which was laid upon the table.
The House has passed upon its 3d reading ; House bill No. 13,
a bill to regulate proceedings in Magistrates' Courts, and the
same is herewith transmitted for the action of the Senate.
The House has also passed upon its third reading House Bill
No. ] 9, for the benefit of insane members of the families of vol¬
unteers; and the same is herewith transmitted for the action of the
Senate.
117
On motion of Mr. Barrow, the rule was suspended and House
Message transmitting House Resolution No. 55, to raise a joint
committee upon the Permanent Constitution of the Confederate
States, was taken up, and the resolution adopted.
On motion of Mr. Horn, the number of said committee on the
part of the Senate was fixed at three.
The Speaker appointed Messrs. Horn, Barrow, and McNeilly
on said committee.
Mr. Thompson offered Senate Resolution No. 43, as follows :
Resolved by the Senate, That the members of the House of
Representatives be and are hereby'invited to attend the flag pre¬
sentation in the Senate Chamber at 11 o'clock to-day.
On motion of Mr. Stokely, the rule was suspended, and the
resolution taken up and adopted.
The Clerk was directed to convey the invitation to the House of
Representatives.
House Resolution No. 50, to authorize the Military and Fi¬
nancial Board to appoint persons to settle accounts at Memphis
and Knoxville, was taken up ; and,
On motion of Mr. Stokely, was referred to the Joint Select
Committee on Military Affairs.
House Bill No. 13, to regulate proceedings in Magistrates'
Courts, passed first reading.
House Bill No. 19, for the benefit of insane members of the
families of volunteers, passed first reading.
Mr. Payne offered Senate Resolution No. 44, as follows :
Whereas, The defence of the Mississippi Valley against the
enemies of the South is of vital importance, and believing that
every available means should be adopted to prevent a possible
descent upon the Mississippi river ; be it therefore
Resolved by the G-eneral Assembly of the State of Tennessee,
That we respectfully ask of the Congress of the Confederate
States that an appropriation of not less than two hundred and
fifty thousand dollars be made to be used in preparing floating
defences for said river at as early a day as practicable.
Resolved further, That the Governor be requested to forward a
copy ol this resolution to the President of the Confederate States,
and ask that the same be laid before the Provisional Congress at
its next meeting.
The resolution lies over under the rule.
Senate Resolution No. 38, to transfer volunteer forces to the
Confederate States, was taken up ; and,
On motion of Mr. Payne, was recommitted to the Committee
on Military Affairs.
Mr. Payne presented the following communication from his Ex¬
cellency, the Governor, with the accompanying correspondence :
118
Executive Department, )
June 21, 1861. \
Hon. Robert G. Payne, Senate Chamber :
Dear Sir: I send herewith a beautiful silk flag, the ensign of
the Confederate States. It is the offering of one of Tennessee's
fairest and. most patriotic daughters, Mrs. Charles E. Dahlgreen,
of Mississippi, to her native State.
Will you do me the favor to present it to the Senate as an ap¬
propriate ornament to that Chamber ?
Very respectfully, ISHAM G. HARRIS.
Nashville, June 21, 1861.
Dear Sir: Having received the accompanying note and flag
from my daughter, Mrs. Mary E. Dahlgreen, of Natchez, Missis¬
sippi, who, though far away, still retains vivid remembrances of
the land of her nativity, I know of no more appropriate mode of
fulfilling her wishes than by requesting you to receive the same
in the name of the State of Tennessee, and to make such dispo¬
sition of it as you may deem most suitable and proper.
Very respectfully, MASOIM VANNOY.
His Excellency, Isham G. Harris,* Governor.
Natchez, Miss., June, 1861.
A daughter of Tennessee sends this symbol flag of liberty, the
work of her own hands, to her native State, with the request that
it may be unfurled and kissed by the same free mountain winds
that sweep over the grave of Jackson ; and she confidently be¬
lieves that while Tennessee retains his ashes within her embrace,
her sons will ever be ready to strike for their liberties, their fire¬
sides and their altars. MARY E. DAHLGREEN.
Mason- Vannoy, Esq., Nashville Tennessee.
The flag was presented to the Senate by Mr. Payne, and
received by Mr. Newman and placed over the Speaker's chair.
A message was received from the House of Representatives by
their Clerk, Mr. Atkinson, as follows :
Mr. Speaker :
The Speaker of the House of Representatives has signed en¬
rolled resolution providing for a Convention of the two Houses
for the purpose of electing a State Librarian, and the same is
119
herewith transmitted to the Senate for the signature of the
Speaker thereof.
On motion of Mr. Payne, the Senate took a recess until 3
o'clock P. M.
AFTERNOON SESSION.
The Senate was called to order at 3 o'clock by the Speaker.
Mr. Minnis from the Committee on the Judiciary, reported as
follows:
The Judiciary Committee have had under consideration the pe¬
tition of John H. Officer and others, for the change of county
line, and ask to be discharged from its farther consideration.
They have also had under consideration Senate Resolution No.
37, and ask to be discharged from its further consideration, a
House Resolution having already passed both Houses on the
same subject.
They have also had under consideration Senate Bill No. 15,
" a bill to amend sections 4746, 4747 and 4748 of the Code of
Tennessee," and recommend a bill in lieu; all of which is re¬
spectfully submitted
MINNIS, Chairman.
Senate Bill No. 15, to amend section 4747 of the Code of Ten¬
nessee, was taken up on second reading.
The bill offered in lieu by the Committee on the Judiciary, en¬
titled a bill to repeal section 4747 of the Code of Tennessee, was
adopted, and the bill passed its second reading.
Senate Resolution No. 37, directory to the Committee on the
Judiciary, was taken up.
On motion of Mr. Bumpass, the request of the Committee on
the Judiciary to be discharged from its further consideration, was
complied with.
On motion of Mr. Minnis, the resolution was laid on the table.
Mr. Payne offered Senate Resolution No. 45, as follows :
Resolved by the Senate, That a special committee of three be
appointed to inquire whether any of the railroad companies of
Tennessee, or those running into the State, have in any manner
120
obstructed or attempted to obstruct the transportation of goods,
wares, merchandize, or provisions into the State of Ten-nessee;
and that said committee report at the earliest practicable period.
The resolution lies over under the rule.
Mr. Payne introduced Senate Bill No. 19, to incorporate the
Memphis Legion, a volunteer military association in the city of
Memphis, which passed its first reading ; and,
On motion of Mr. Bumpass, was referred to the Joint Select
Committee on Military Affairs.
On motion of Mr. Barrow, the Senate adjourned until to-mor¬
row morning at 9 o'clock.
SATURDAY MORNING, JUNE 22, 1861.
The Senate met pursuant to adjournment.
The Journal of yesterday was read and approved.
Mr. Barrow presented a petition from the field officers and cap¬
tains of Col. Palmer's regiment, asking that regimental Quarter¬
masters and Commissaries be appointed from the enlisted men of
regiments respectively, which was read ; and,
On motion of Mr. Barrow, was referred to the Joint Select Com¬
mittee on Military Affairs.
Mr. Hildreth introduced Senate Bill No. 20, to protect tax col¬
lectors, which parsed its first reading ; and,
On motion of Mr. Hildreth, was referred to the Committee on
the Judiciary.
Mr. Bumpass introduced Senate Bill No. 21, to provide for the
payment of the Deputy Marshals for taking the last census in
Tennessee ; which passed its first reading. a
A message was received from the Houpe of Representatives by
Mr. Atkinson, their Clerk, as follows :
Mr. Speaker :
The House has considered and passed on third reading, House
Bill No. 23, to incorporate Powell's River Lead Mining Company
and for other purposes, and the same is herewith transmitted to
the Senate for its action.
Senate Resolution No. 44, on river defences, was taken up and
adopted.
121
On motion of Mr. Payne, the rule was suspended and the reso¬
lution ordered to be engrossed and transmitted to the House of
Representatives.
Mr. Stanton introduced Senate Bill No. 22, to extend the time
for redemption oflands or real estate sold by condemnation until
the termination of the war ; which passed its first reading.
Mr. Hildreth, from the Committee on Enrolled Bills, reported
Senate Resolution No. 40 as correctly enrolled, and Senate Bill
No. 16 as correctly engrossed.
Mr. Lane, from the Joint Select Committee on Military Affairs,
reported back House Resolution No. 50, to authorize the Military
Financial Board to appoint persons to settle accounts at Memphis
and Knoxville, with a recommendation that it be adopted.
House Resolution No. 50 was taken up.
Mr. Bumpass moved to strike out in the resolution all that por¬
tion applying to Knoxville; which motion was agreed to.
Mr. Stokes offered the following amendment.
Provided, That the the settlement made by the Commissioner
under this resolution shall not be binding until it is approved by
the Military and Financial Board ; which was adopted.
On the adoption of the resolution, Mr. Newman demanded the
ayes and noes, which were ordered and resulted:
Ayes 13
Noes 9
Senators voting in the affirmative are:
Messrs. Barrow, Bumpass, Horn, Hunter, Minnis, McNeilly,
Payne, Peters, Richardson, Stokes, Thompson, Wood, and Mr.
Speaker Stovall—13
Those voting in the negative are:
Messrs. Allen, Bradford, Boyd, Johnson, Lane, Nash, Newman,
Stanton, and Mr. Stokely—9,
So the resolution was adopted.
Mr. Payne moved to suspend the rule and return the resolu¬
tion to the House of Representives for further action ; which mo¬
tion was disagreed to.
A message was received from the House of Representatives by
their Clerk, Mr. Atkinson, as follows:
Mr. Speaker :
The House of Representatives has considered and passed on
third reading House Bill No. 18, a bill to suspend and declare
vacant the office of Supervisor of Banks, which is herewith trans¬
mitted for the action of the Senate.
The House has also had under consideration House Resolutions
Nos. 49, 53 and 54; which have been adopted, and are herewith
transmitted for the action of the Senate.
122
Mr. Barrow offered the following resolution (Senate Resolution
No. 46,):
Be it resolved by the General Assembly of the State of Tennessee,
That the portion of the Hermitage tract lying to the east of the
Nashville and Lebanon Turnpike road, consisting of twenty-five
or thirty acres, be sold by the Governor, either at public or private
sale, as he may deem best, the proceeds to be deposited in the
treasury; Provided, it shall not be sold for a less price per acre
than it originally cost the State.
2d. That due regard be had in said sale to the rights and ap¬
purtenances of the church situated on said portion of said tract.
On motion of*Mr. Barrow, the rule was suspended and the reso¬
lution taken up.
On the adoption of the resolution, Mr. Stokely demanded the
ayes and noes, which were ordered and resulted :
Ayes
Noes
Senators voting in the affirmative are:
Messrs. Barrow,Bradford, Boyd, Horn,Minni3, McClellan, Payne,
Peters, Richardson, Stokes, Stokely, Thompson, and Mr. Wood—
13.
Those voting in the negative are:
Messrs. Allen, Bumpass, Hunter, Johnson, Lane, McNeilly,
Nash, Newman, Stanton, and Mr. Speaker Stovall—10.
So the resolution was adopted.
On motion of Mr. Barrow, the rule was suspended and the reso¬
lution ordered to be engrossed and transmitted to the House of
Representatives.
Mr. Bradford moved that the vote refusing to suspend the rule
for the purpose of transmitting House Resolution No. 50, to the
House of Representatives, be reconsidered; which motion pre¬
vailed.
Mr. Bradford moved to suspend the rule that said resolution
be returned to the House of Representatives for further action;
which motion was agreed to.
Senate Resolution No. 45, in relation to the management of
Railroad Companies was taken up and adopted.
Mr. Hildreth asked and obtained leave to record his vote in the
affirmative upon the adoption of House Resolution No. 50, and
Senate Resolution No. 46.
Mr. Bradford presented a memorial from the President and Di¬
rectors of the East Tennessee and Virginia Railroad Company,
asking an amendment to their charter, so as to authorize and em¬
power each stockholder to cast one vote for each share he may
hold of the stock of said Company.
13
10
123
Mr. Bradford offered the following Resolution (Senate Resolu¬
tion No. 47,):
Resolved, That the memorial of the President and Directors of
the East Tennessee and Virginia Railroad Company to the pre¬
sent General Assembly be referred to the Committee on Internal
Improvements, with instructions to report a bill as early as prac¬
ticable, embodying the wishes of the memorialists.
On motion of Mr. Bradford, the rule was suspended and the res¬
olution taken up and adopted.
On motion of Mr. Thompson, the order of business was sus¬
pended, and Senate Bill No. 12, to repeal the 7th section of an
act passed May 6th 1861, entitled an act to submit to a vote of
the people a Declaration of Independence and for other puroses,
was taken up on third reading.
Mr. Stokes, moved to lay the bill on the table, on which mo¬
tion,
Mr. Stokely demanded the ayes and noes, which were ordered
and resulted:
Ayes 23
Noes 00
Senators voting in the affirmative are:
Messrs. Allen, Barrow, Bradford, Boyd, Bumpass, Hildreth,
Horn, Hunter, Johnson, Lane, Minnis, McNeilly, Nash, Newman,
Payne, Peters, Richardson, Stanton, Stokes, Stokely, Thompson,
Wood, and Mr. Speaker Stovall—23.
In the negative :
None. „
So the bill was laid on the table.
On motion of Mr. Stanton, the order of business was suspended
and Senate Bill No. 7, to increase the pay of privates in the Ten¬
nessee volunteer troops to fifteen dollars per month, was taken
up on third reading.
Mr. Peters moved to strike out "fifteen" wherever it appears in
the bill; pending which,
On motion of Mr. Lane, the further consideration of the bill
was postponed and made the special order for Friday, the 28th
inst., at 11 o'clock A. M.
Senate Bill No. 15, to repeal section 4747 of the Code of Ten¬
nessee, was taken up on third reading.
Mr. Bradford asked and obtained leave to withdraw the bill for
amendment.
House Bill No. 49. to tender the Hermitage to the Confederate
States for a National Military Academy, was taken up.
Mr. Lane moved to lay the resolution on the table; which mo¬
tion was agreed to.
House Resolution No. 54, to change the coat of arms over the
124
chair of the Speaker of the House of Representatives, was taken
up and adopted.
House Resolution No. 53, in regard to the appointment of
Quartermasters and Commissaries, was taken up.
Mr. Bumpass offered the following amendment:
If any regiment shall fail to furnish itself with a competent
Quartermaster and Commissary, then the Governor may appoint
them outside of such regiment.
Pending the question on the amendment,
On motion of Mr. Lane, the resolution and amendment were re¬
ferred to the Joint Select Committee on Military Affairs.
A message was received from the House of Representatives, by
Mr. Atkinson, their clerk, as follows:
Mr. Speaker :
The House of Representatives has passed on third reading
House Bill No. 20, to amend the military act, passed May 6th,
1861 ; also, House Bill No. 22, to amend the act to raise, organ¬
ize and equip a provisional force, and the same are herewith trans¬
mitted to the Senate for its action.
house bills on first reading.
House Bill No. 18, to suspend and declare vacant the office of
Supervisor of Banks, passed first reading.
House Bill No. 20, to amend sections 14 and 16 of an
act passed May 6th, 1861, entitled an act to raise, organize and
equip a provisional force, and for other purposes, passed first
reading.
House Bill No. 22, to amend the act to raise, organize and
equip a provisional force, passed first reading.
House Bill No. 23, to incorporate Powell's River Lead Mining
Company, and for other purposes, passed first reading.
house bills on second reading.
Hou3eBill No. 13, to regulate proceedings in Magistrates' Courts
was taken up on second reading; and,
On motion of Mr. Stokely was referred to the Committee on
the Judiciary.
House Bill No. 19, for the benefit of insane members of the
families of volunteers, passed second reading ; and,
On motion of Mr. McClellan, was referred to the Committee on
Lunatic Asylum.
On motion of Mr. Stanton, Senate Bill No. 8, to make the
pay of Orderly Sergeants the same as Second Lieutenants, was
125
made the special order for Friday, the 28th of June, at 11 o'clock
A. M.
On motion of Mr. Allen, the Senate adjourned till Monday
morning at 10 o'clock.
MONDAY MORNING, JUNE 24, 1861.
The Senate met pursuant to adjournment.
The Journal of Saturday was read and approved.
Mr. Payne presented a memorial from citizens of Shelby county,
asking the passage of laws for the relief of the debtor class of
the community ; which was read, and,
On motion of Mr. Payne, was ordered to be transmitted to
the House of Representatives.
The Speaker appointed Messrs. Payne, Thompson and Rich¬
ardson on the committee provided for by Senate Resolution No.
45, in relation to the management of railroads.
Mr. Thompson from the Committee on the Lunatic Asylum, re¬
ported back House Bill No. 19, for the benefit of the insane mem¬
bers of the families of volunteers, and recommended its passage
with the following amendment: Where it provides for certificates
from colonels of regiments, to read : Certificates from the Chair¬
man of the County Court from the county of residence of said vol¬
unteers, setting forth that he or they are unable, from indigent
circumstances, to support such patients in the Asylum,
Mr. Mickley from the Committee on Enrolled Bills, reported
Senate Resolutions Nos. 44 and 46 as correctly engrossed,
HOUSE BILLS ON SECOND READING.
House Bill No. 18, to'suspend and declare vacant the office of
Supervisor of Banks, passed its second reading.
House Bill 20, to amend sections 14 and 16 of an act passed
May 6th, 1861, entitled an act to raise, organize and equip a pro¬
visional force, and for other purposes, was taken up on second
reading.
Mr. Lane offered the following amendment:
Be it further enacted, That there shall be no drilling done on
the Sabbath,
126
On the adoption of which Mr. Thompson demanded the ayes
and noes, which were ordered and resulted :
Senators voting in the affirmative are :
Messrs. Allen, Boyd, Bradford, Hildreth, Horn, Johnson, Lane,
McNeilly, Nash, Newman, Richardson, and Mr. Wood—12.
Those voting in the negative are :
Messrs. Barrow, Bumpass, Hunter, Mickley, Minnis, McClellan,
Payne, Stokely, Thompson, and Mr. Speaker Stovall—10.
So the amendment was adopted.
The bill as amended passed its second reading.
House Bill No. 22, to amend the act to raise, organize and equip
a provisional force, passed its second reading; and,
On motion of Mr. Payne, was referred to Joint Select Commit¬
tee on Military Affairs.
House Bill No. 23, to incorporate Powell's River Lead Min¬
ing Company and for other purposes, was taken up on second
reading.
Mr. Lane offered an amendment to incorporate the Miners'
Bank of Ducktown.
Mr. Allen moved to strike out in the first section of the amend¬
ment the words <£ and its equivalent;" which motion was
agreed to.
On the adoption of the amendment, Mr. Hildreth demanded
the ayes and noes, which were ordered and resulted :
Ayes .14
Noes 7
Senators voting in the affirmative are :
Messrs.fAllen, Barrow, Boyd, Bradford, Bumpass, Horn, Hun¬
ter, Johnson, Lane, Minnis, McClellan, Payne, Thompson, and Mr.
Wood—14.
Those voting in the negative are :
Messrs. Hildreth, Nash, Newman, Peters, Richardson, Stokely,
and Mr. Speaker Stovall—7.
So the amendment was adopted.
Mr, Bumpass offered an amendment to amend the Charter of
the Bank of Brownsville ; which was adopted.
The bill as amended passed its second reading ; and,
On motion of Mr. Wood, was referred to the Committee on
Banks.
A message was received from the House of Representatives by
their Clerk, Mr, Atkinson, as follows:
Ayes
Noes
12
10
127
Mr. Speaker:
The House of Representatives has considered and passed on
third reading House Bill No. 24, to provide for the issuance of
Treasury notes ; House Bill No. 16, to amend the act to raise, or¬
ganize and equip a provisional force, and for other purposes ; and
House Bill No. 27, to charter an Arms Company, &c., and the
same are herewith transmitted for the action of the Senate.
The Speaker of the House of Representatives has signed en¬
rolled joint resolution in relation to test oaths, and for the pun¬
ishment of treason, and the same is herewith transmitted for the
signature of the Speaker of the Senate.
The House has considered and rejected Senate Bill No. 16, to
extend the time for perfecting land titles, and the same is herewith
returned to the Senate, *
Mr. Bradford introduced Senate Bill No. 23, to amend the
charter of the East Tennessee and Virginia Railroad Company;
which passed its second reading.
Mr. Payne introduced Senate Bill No. 24, in relation to inspect¬
ors of boilers and hulls of steamboats; which passed its first
reading.
Mr, Payne introduced Senate Bill No. 25, to authorize volun¬
teers to vote in the election of members to the Provisional Con¬
gress ; which passed its first reading.
senate bills on second reading.
Senate Bill No. 21, to provide for the payment of the Deputy
Marshals for taking the last census in Tennessee, passed second
reading.
Senate Bill No. 22, to extend the time for redemption of lands
or real estate, sold by condemnation, until the termination of the
war ; passed second reading.
senate bills on third reading.
Senate Bill No. 15, to repeal section 4747 of the Code of
Tennessee, was taken up on third reading.
Mr. Minnis offered the following amendment:
Sec. 2. Be it further enacted, That section 4746 of the Code be
so amended that the penalty for the offence in said section be the
same as prescribed in section 4758 of the Code.
Sec. 3. Be it further enacted, That section 4748 of the Code
be so amended that nothing in said section shall be so construed
as to make persons guilty under said section who act in self-
defence.
Which amendment was adopted.
The bill as amended passed its third reading.
128
N
Ayes
Noes
20
2
Senators voting in the affirmative are :
Messrs. Allen, Barrow, Bradford, Bumpass, Hildreth, Horn,
Hunter, Johnson, Lane, Mickley, Minnis, McClellan, McNeilly,
Newman, Payne, Peters, Stokely, Thompson, Wood, and Mr.
Speaker Stovall—20.
Those voting in the negative are :
Messrs. Boyd and Nash—2.
On motion of Mr. Minnis, the rule was suspended, and the
bill ordered to be engrossed and transmitted to the House of
Representatives.
Senate Bill No. 19, to regulate the -manner of paying the offi¬
cers and soldiers of^ the Provisional Army of Tennessee, was
taken up on third reading; when
Mr. Barrow asked and obtained leave to withdraw the same
for examination.
House Bill No. 19, for the benefit of insane members of the
of the families of volunteers, was taken up on third reading.
Mr. Bumpass asked and obtained leave to withdraw the bill
for amendment.
House Bill No. 16, to amend the act to raise, organize and
equip a provisional force, and for other purposes, passed its first
reading.
House Bill No. 24, to provide for the issuance of Treasury
notes, passed first reading.
House Bill No. 27, to charter an Arms Company, passed first
reading.
On motion of Mr. Stokely, the Senate took a recess until 3
o'clock P. M.
The Senate was called to order at 3 o'clock by the Speaker.
Mr. Bumpass returned House Bill No. 19, for the benefit of
insane members of the families of volunteers, which was taken
up on third reading.
HOUSE BILLS ON FIRST READING,
AFTERNOON SESSION.
129
The amendment recommended by the Committee on the Lunatic
Asylum was adopted.
Mr. Bumpass offered the following amendment:
Sec. 2. Be it further enacted, That when the wives or other
members of the families of volunteers as aforesaid, have been
placed in the Asylum for the Insane, and he shall be indebted to
the State for the same, and it appear from the written certificate
of the Clerk of the County Court of the county where the parties
resided that such volunteer is in indigent circumstances, and un¬
able to pay such indebtedness then the said account shall be can¬
celled and shall no longer be claimed on the part of the State,
either against such volunteer or his securities.
Which amendment was adopted.
Mr. McNeilly offered the following amendment :
Be it further enacted, That any one of the Tennessee volunteers
who may become deranged while in the service, and who has not
the pecuniary means to enter the Asylum as a pay patient, shall
be received and treated as a pauper patient.
Which was adopted.
Mr. Thompson then asked and obtained leave to withdraw the
bill for examination.
Mr. Stokely offered the following resolution (Senate Resolution
No. 48,):
Resolved by the General Assembly of the State of Tennessee, That
the Governor is requested to accept volunteers into the service
of the State from any portion of the State from which they may
tender their services until he receives the number he may de¬
sire, and that he shall not draft them out of any portion of the
State to make an equal ratio from the different divisions of the
State.
Resolved further, That in the opinion of this General Assembly
it is unnecessary to draft any soldiers whatever, and that a full
supply of Tennesseans are always ready to defend their homes
as volunteers.
The resolution lies over under the rule.
Mr. Bumpass offered Senate Resolution No. 49, as follows :
Resolved, That the Senate hold but one session a day, com¬
mencing at 9 o'clock A. M.? and adjourn at 2P M., if the busi¬
ness of the Senate is not disposed of sooner.
On motion of Mr. Bumpass, the rule was suspended and the
resolution taken up and adopted.
On motion of Mr. McNeilly, the Senate adjourned until to¬
morrow morning at 9 o'clock.
9 s
130
TUESDAY MORNING, JUNE 25, 1861.
The Senate met pursuant to adjournment.
The Speaker having been called home by severe sickness in
his family,
Mr. Newman moved that Mr. Lane take the Chair during the
absence of the Speaker ; which motion prevailed.
The Journal of yesterday was read and approved.
Senate Resolution No. 48, requesting the Governor concerning
volunteers was taken up.
Mr. Bradford offered the following resolution in lieu :
Whereas, Various unfounded rumors "have been circulated in
different sections of the State, to the effect that drafts would be
resorted to, for the purpose of calling into requisition the citizen
soldiery of the State ; therefore,
Resolved by the General Assembly of the State of Tennessee,
That no such intention was contemplated in the Army Bill, nor is
such a step suggested or contemplated by this General Assembly,
as will specifically appear by reference to the first section of the
aforesaid Army Bill, which provides for a " volunteer force" enly,
and it appearing also, that volunteers sufficient for the present
service have perhaps already been tendered.
Resolved, That if an actual invasion of the State is attempted
then it will be the duty of the Executive to call out the whole
force of the State to resist invasion.
On motion of Mr. Stokely, the resolution and the resolution in
lieu were referred to the Joint Select Committee on Military
Affairs.
Mr. Newman offered the following resolution (Senate resolu¬
tion No. 50,)
Resolved by the General Assembly of the State of Tennessee,
That the army of Tennessee be immediately placed under the con¬
trol and management of the President of the Confederate States
of America, and shall be subject to his orders and placed at his
disposal.
Resolved, That the Governor immediately transfer all the dis¬
posable force of the State to the control of the President of the
Confederate States, and shall immediately take such steps to trans¬
fer the service as necessary.
Resolved, That a copy of these resolutions be immediately fur¬
nished the Governor of the State.
On motion of Mr. Newman, the rule was suspended and the
resolution taken up.
131
Mr. Hildreth moved to refer the resolutions to the Joint Select
Committee oil Military Affairs ; which motion was disagreed to on
a division.
On motion of Mr. Barrow, the resolution was passed over in¬
formally.
A message was received from the House of Representatives by
Mr. Atkinson, their Clerk, as follows :
Mr. Speaker :
The House has considered and passed on third reading House
Bill No. 21, a bill to increase the pay of First Sergeants.
House Bill No. 25, a bill to suspend the office of Commissioner
of Roads.
House Bill No. 28, a bill to suspend sections 272, 284,285 and
296 of the Code of Tennessee.
House Resolution No. 57, directory to the Committee on
Finance, which are transmitted for the action of the Senate.
The House has concurred in Senate Resolution No. 44, oh river
defences, and the same is transmitted for enrollment.
Mr. Hildreth, from the Committee on Enrolled Bills, reported
Senate Bill No. 15 as correctly engrossed.
House Resolution No. 57, directory to the Committee on Finane,
was taken up.
On the adoption of the resolution Mr. Richardson demanded the
ayes and noes, which resulted:
Ayes 18
Noes 4
Senators voting in the affirmative are:
Messrs. Allen, Barrow, Bradford, Boyd, Bumpass, Hildreth,
Horn, Hunter, Johnson, Lane, Mickley, Minnis, McClellan, Mc-
Neilly, Peters, Stokes, Stokely, and Mr. Wood—18.
Those voting in the negative are :
Messrs. Newman, Payne, Richardson, and Mr. Thompson—4.
So the resolution was concurred in.
On motion of Mr. Hildreth, the rule was suspended and the reso¬
lution ordered to be returned to the House of Representatives for
enrollment.
house bills on first reading.
House Bill No. 21, to increase the pay of First Sergeants,
passed its first reading. U
House Bill No. 25, to suspend the office of Commissioner of
Roads, passed first reading.
House Bill No. 28, to suspend sections 272, 284, 285 and 296 of
the Code of Tennessee, passed first reading.
132
HOUSE BILLS ON SECOND READING.
House Bill No. 16, to amend the act to raise, organize and
equip a provisional force, and for other purposes, passed second
reading.
House Bill No. 24, to provide for the issuance of Treasury Notes,
passed second reading.
House Bill No. 27, to charter an Arms Company, passed second
reading.
HOUSE BILLS ON THIRD READING.
House Bill No. 18, to suspend and declare vacant the office of
Supervisor of Banks, was taken up on third reading ; when,
Mr. Allen asked and obtained leave to withdraw the same for
examiantion.
House Bill No. 20, to amend sections 14 and 16 of an act
passed May 6th, 1861. entitled an act to raise, organise and equip
a provisional force, and for other purposes, was taken up on third
reading.
Mr. Minnis offered the following amendment to the last section :
Provided, The officer in command shall not deem it abso¬
lutely necessary to the service and order the drill on Sunday;
whicn ws adopted.
Mr. Newman offered the following amendment:
Be it further enacted, That all regimental appointments for
Quartermaster and Commissary shall be taken from those in the
service of the regiment ; which amendment was adopted.
Mr. Bumpass offered the following amendment:
Be it further enacted, That when an Adjutant is appointed from
the Lieutenants in the line of the regiments, the vacancy so cre¬
ated shall be filled by the election of another Lieutenant of the
company from which the Adjutant is taken; which amendment
was adopted.
Mr. Barrow offered the following amendment :
Be it further enacted, That a Private Secretary shall be allowed
to the Governor, and that his salary shall be dollars per
annum.
On motion of Mr. Barrow, the blank in the amendment was
filled with the words seven hundred and fifty.
The amendment as amended was adopted.
Mr. Richardson moved to reconsider the vote adopting the
amendment, which was disagreed to.
Tire bill as Amended passed its third reading.
Ayes 15
Noes 6
Senators voting in the affirmative are:
133
Messrs. Allen, Barrow, Hunter, Johnson, Lane, Mickley, Minnis,
McNeiily, Newman, Payne, Peters, Richardson, Stokes, Thomp¬
son and Mr. Wood—15.
Those voting in the negative aye :
Messrs. Bradford, Boyd, Bumpass, Hildreth, McClellan, and
Stokely.—6.
On motion of Mr. Minnis, the rule was suspended and the bill
ordered to be returned to the House of Representatives for further
action.
House Bill No. 22, to amend the act to raise, organize and
equip a provisional force, was taken up on third reading.
fVfr. Thompson moved to amend the first section of the bill by
inserting after the word " Quartermaster," the word Paymaster,
which motion was disagreed to.
Mr. Hildreth offered the following amendment:
Be it further enacted, That there shall be no action, either by
motion or otherwise, against any officer or his securities allowed
in any Court in this State for lailing to levy an execution which
has heretofore, or may hereafter come to their hands against vol¬
unteers for not levying the same upon the property of such volun¬
teer that is exempt by the 17th section of an act passed the 6th
day of May, 1861, to raise, organize and equip a provisional force,
&c.; which amendment was adopted.
Mr. Hildreth also offered the following amendment:
Be it further enacted, That the offer of clerkships shall in all
cases be firsL tendered to the regiment or brigade, as the case may
be ; and that no appointment shall be made until the same shall
have been declined by the respective regiments or brigades ; which
was adopted.
The bill as amended passed its third reading.
Ayes 18
Noes ' 4
Senators voting in the affirmative are:
Messrs. Allen, Barrow, Bumpass, Hildreth, Hunter, Johnson,
Lane, Mickley, Minnis, McClellan, McNeiily, Newman, Payne,
Peters, Richaidson, Stokes, Thompson, and Mr, Wood—18.
Those voting in the negative are:
Messrs. Bradford, Boyd, Nash, and Mr. Stokely—4.
On motion of Mr. Minnis, the rule was suspended and the bill
ordered to be returned to the House of Representatives for further
action.
SENATE BILLS ON SECOND READING.
Senate Bill No. 23, to amend the charter of the East Tennessee
and Virginia Railroad Company, passed second reading.
134
Senate Bill No. 24, in relation to Inspectors of boilers and hulls
ol steamboats, passed second reading.
Senate Bill No. 25, to authorize volunteers to vote in the election
cf members to the Provisional Congress, passed second reading.
SENATE BILLS ON THIRD READING.
Senate Bill No. 21, to provide for the payment of the Deputy
Marshals for taking the last census in Tennessee, passed third
reading.
Ayes 18
Noes 5
Senators voting in the affirmative are:
Messrs. Barrow, Bumpass, Hildreth, Horn, Blunter, Johnson,
Lane, Mickley, Minnis, McNeilly, Newman, Payne, Peters, Rich¬
ardson, Stokes, Stokely, Thompson, and Mr. Wood—18.
Those voting in the negative are :
Messrs. Allen, Boyd, Bradford, McClellan, and Mr. Nash—5.
On motion of Mr. Bumpass, the rule was suspended, and the
bill ordered to be engrossed and transmitted to the House of
Representatives.
Senate Bill No. 22, to extend the time for the redemption of
lands or real estate, sold by condemnation, until the termination
of the war, was taken up on third reading ; when
Mr. Hildreth asked and obtained leave to withdraw the same
for examination.
Mr. Barrow introduced Senate Bill No. 26, for the relief of the
Nashville and Northwestern Railroad Company ; which was read.
On motion of Mr. Barrow, the Senate adjourned until to¬
morrow morning at 9 o'clock.
WEDNESDAY MORNING, JUNE 26, 1861.
The Senate met pursuant to adjournment.
The Journal of yesterday was read and approved.
Mr. Hildreth returned Senate Bill No. 22, to extend the time
for redemption of lands or real estate, sold by condemnation,
until the termination of the war.
135
Mr. Barrow asked and obtained leave to withdraw Senate Bill
No, 26, for the relief of the Nashville and Northwestern Railroad
Company, from the calendar.
Mr. Wood from the Committee on Banks, reported back House
Bill No. 23, to incorporate the Powell's River Lead Mining Com¬
pany and for other purposes, with amendments, and recommend¬
ed its passage.
amendments offered by the committee.
Add to the 29th section :
Provided further, That said bonds after being purchased by
said corporation shall not be transferable until all of the issue of
said bank is redeemed, under a penalty of one hundred thousand
dollars, for the payment of which the individual property of the
stockholders shall be liable.
Sec. 30. Be it further enacted, That all the privileges and im¬
munities given and granted by the 29th section of this act to the
Bank of Brownsville be, and they are hereby granted arid extend¬
ed to the Bank of Athens, under the same provisions and restric¬
tions of said section.
Mr. Minnis from the Committee on the Judiciary made the fol¬
lowing report:
The Judiciary Committee have had under consideration Senate
Bill No. 20, a bill to be entitled an act to protect tax collectors ;
this bill proposes to give tax collectors power to call out a suffi¬
cient number of persons to assist him in the collection of the
taxes ; it may be that in some few localities the collection of
taxes may be resisted, but it is believed this will be the case in
very few localities; that the known patriotism and love of coun¬
try of Tennesseans will secure the prompt collection of all taxes
due the State without a resort to force; the committee for these
reasons unanimously recommend the rejection of this bill.
They have also had under consideration House Bill No. 13, a
bill to regulate proceedings in Magistrates' Courts ; in view of
the condition of the country, this Legislature has passed two res¬
olutions requesting Judges hot to hold Courts for the trial of civil
causes, &c., and these requests have been as far as your committee
have been able to learn complied with, but the larger portion of
business affecting volunteers would come before Justices of the
Peace ; in this view, and that civil suits may be suspended during
the war, a majoiity of the committee recommend the passage of
this bill. MINNIS, Chairman.
A message was received from the House of Representatives, as
follows:
136
Mr. Speaker :
The House has considered arid passed on third reading House
Hill No. 29, a bill to submit to the popular vote an Ordinance for
the adoption or rejection of the Permanent Constitution of the
Confederate States; House Bill No. 31, a bill to repeal part of
section 3965 of the Code of Tennessee and for other purposes;
House Bill No. 35, a bill to extend the time for the redemption of
real estate, and they are herewith transmitted for the action of the
Senate.
The House has considered and perfected Senate amendments
to House Bdl No. 22, and the same is herewith returned to the
Senate for its action.
Mr, Mickley from the Committee on Enrolled Bills, reported
Senate Bill No. 21 as correctly engrossed.
house bills on third reading.
House Bill No. 16, to amend the act to raise, organize and
equip a provisional force, and for other purposes, was taken up;
when
Mr. Newman asked and obtained leave to withdraw the same
for examination.
House Bill No. 23, to incorporate the Powell's River Lead Min¬
ing Company, and for other purposes, was taken up on third
reading.
The amendments recommended by the Committee on Banks
were adopted.
Mr. Minnis offered the following amendment to section 29 of
the bill:
Provided further, That the Bank of Brownsville shall only issue
a circulation of one dollar for each dollar of capital stock paid
in in the bonds of the State of the character prescribed in this act.
Which was adopted.
Mr. Bradford offered the following amendment:
Sec. 31. Beit further enacted, That the charter of the Bank of
Frankland, passed March 1, 1860, be so amended as to authorize
said bank to commence banking operations upon a paid in capital
stock of twentv-five thousand dollars in specie.
Sec. 32. Be ti further enacted, That the charter of the Valley
Bank of Tennessee, passed March 22, 1860, be also amended as
to authorize said bank to commence banking operations on a paid
in capital stock of twenty-five thousand dollars in specie.
Which amendment was adopted.
The bill, as amended, passed its third reading.
Ayes 12
Noes 10
137
Senators voting in the affirmative are :
Messrs. Allen, Barrow, Boyd, Bumpass, Horn, Hunter, Lane,
Mickley, Minnis, Newman, Payne, and Mr. Thompson—12.
Those voting in the negative are :
Messrs. Bradford, Hildreth, Johnson, McClelJan, McNeilly,
Peters, Richardson, Stokes, Stokely, and Mr. Wood—10.
On motion of Mr. Minnis, the rule was suspended and the
bill ordered to be returned to the House of Representatives for
further action.
House Bill No. 24, to provide for the issuance of Treasury
notes, was taken up on third reading.
Mr. Wood moved to strike out the word "fifty" in the first
section of the bill; upon which motion,
Mr. Bumpass demanded the ayes and noes, which were ordered
and resulted :
Senators voting in the affirmative are :
Messrs. Hildreth, Johnson, Lane, Mickley, Minnis, McClellan,
McNeilly, Newman, Peters, Thompson, and Mr. Wood—11.
Those voting in the negative are:
Messrs. Allen, Barrow, Boyd, Bradford, Bumpass, Horn, Payne,
Richardson, Stokes, and Mr. Stokely—10.
So the motion to strike out prevailed.
On motion of Mr. minnis, the blank created by striking out
the word " fifty" was filled by inserting five.
The bill as amended passed its third reading.
Ayes - * 16
Noes 5
Senators voting in the affirmative are:
Messrs. Allen, Barrow, Boyd, Horn, Hunter, Johnson, Lane,
Mickley, Minnis, McClellan, McNeilly, Newman, Peters, Richard¬
son, Thompson, and Mr. Wood—16.
Those voting in the negative are :
Messrs, Bradford, Bumpass, Hildreth, Payne, and Mr. Stokely
—5.
On motion of Mr. Minnis, the rule was suspended and the bill
ordered to be returned to the House of Representatives for further
action.
House Bill No. 18, to suspend and declare vacant the office of
Supervisor of Banks, was taken up on third reading and re¬
jected.
A yes 8
Noes 1&
• Senators voting in the affirmative are:
Ayes
Noes
-'11
■ -10
138
Messrs. Allen, Barrow, Boyd, Bumpass Lane, Newman, Rich¬
ardson, and Mr. Stokes—8
Those voting in the negative are:
Messrs. Bradford, Hildreth, Horn, Hunter, Johnson, Mickley,
Minnis, McClellan, McNeilly, Payne, Peters, Stokely, Thompson,
and Mr. Wood—14.
House Bill No. 27, to charter an Arms Company, was taken up
on third reading.
Mr. Bariow offered an amendment to incorporate the American
Letter Express Company ; which was read.
Mr. Payne offered an amendment to amend the charter of the
Energetic Insurance Company of Nashville, which was adopted.
On motion of Mr. Barrow, the bill was passed over informally.
Plouse Bill No. 16, to amend the act to raise, organize and
equip a provisional force, and for other purposes, was taken up on
third reading; when
Mr. Newman asked and obtained leave to withdraw the same
for amendment.
HOUSE BILLS ON SECOND READING.
House Bill No. 13, to regulate proceedings in Magistrates'
Courts, passed second reading.
House Bill No. 21, to increase the pay of First Sergeants,
passed second reading.
Plouse Bill No. 25, to suspend the office of Commissioner of
Roads, passed second reading.
House Bill No- 28, to suspend sections 272, 284, 285 and 296
of the Code of Tennessee, passed second reading,
HOUSE BILLS ON FIRST READING,
House Bill No. 29, to submit to the popular vote an Ordinance
for the adoption or rejection of the Permanent Constitution of the
Confederate States, passed first reading.
House Bill No. 31, to repeal part of section 3965 of the Code
of Tennessee and for other purposes, passed first reading,
House Bill No. 35, to extend the time for the redemption of real
estate, passed first reading.
SENATE BILL ON SECOND READING.
Senate Bill No. 20, to protect tax collectors, was taken up on
second reading,
On motion of Mr. Stokely, the recommendation of the Judi¬
ciary Committee that the bill be rejected was concurred in, and
the bill was rejected on its second reading.
139
SENATE BILLS ON THIRD READING.
Senate Bill No, 23, to amend the charter of the East Ten¬
nessee and Virginia Railroad Company, was taken up on third
reading.
Mr. Bradford offered the following amendment:
Sec, 2. Be it further enacted, That the aforesaid East Ten¬
nessee and Virginia Railroad Company is hereby authorized to
charge and collect for freight over said road per mile, the same
charges which are authorized on the East Tennessee and Georgia
Railroad, and no more.
Which amendment was adopted.
The bill as amended passed its third reading; and,
On motion of Mrr'Braclford, the rule was suspended and the
bill ordered to be engrossed and transmitted to the House of
Representatives.
Senate Bill No. 24, in relation to inspectors of boilers and hulls
of steamboats, passed third reading.
Ayes • • • 19
Noes 00
Senators voting in the affirmative are :
Messrs. Allen, Barrow, Boyd, Bumpass, Hildreth, Horn, Hun¬
ter, Johnson, Lane, Mickley, Minnis, McClellan, Newman, Peters,
Stokes, Stokely, Thompson, and Mr. Wood—19.
In the negative:
None.
On motion of Mr, Allen, the rule was suspended and the bill
ordered to be engrossed and transmitted to the House of Repre¬
sentatives.
Senate Bill No. 25, to authorize volunteers to vote in the elec¬
tion of members to the Provisional Congress, passed third
reading.
Ayes
Noes
Senators voting in the affirmative are :
Messrs. Allen, Barrow, Bumpass, Horn, Hunter, Johnson,
Mickley, Minnis, McClellan, McNeilly, Newman, Peters, Rich¬
ardson, Stokely, Thompson, and Mr. Wood—16.
In the negative:
Mr. Boyd 1—.
Mr. Hildreth was excused from voting upon the proposition.
House Message returning Senate amendment No, 1 to House
Bill No. 22, to amend the act to raise, organize and equip a pro¬
visional force, amended ,was taken up, and the House amendment
to the Senate amendment was concurred in.
16
1
140
On motion of Mr. Boyd, the Senate took a recesa until ten
minutes before 2 o'clock P. M.
The time for which the recess was taken having expired, the
Speaker called the Senate to order,
A message was received from the House of Representatives by
Mr. Atkinson, their Clerk, as follows :
Mr. Speaker :
The House has considered and passed on third reading, pjouse
Bill No. 34, a bill to defray the expenses of the General Assembly
of the State of Tennessee; which*is'herewith transmitted for the
action of the Senate.
The House has concurred and passed oh third reading a bill
for the relief of creditors of Foreign Insurance Oompanies.
House Bill No 39, a bill for the relief of volunteers ; which are
transmitted for the action of the Senate.
The Speaker of the House of Representatives has signed a
joint resolution to authorize the Military and Financial Board to
appoint an agent to settle accounts at Memphis.
A joint resolution relative to the coat of arms over the Speaker's
Chair.
A joint resolution directory to the Committee on Finance,
A joint resolution in relation to requesting Judges not to hold
their courts; which are transmitted for the signature of the
Speaker of the Senate.
house bills on first reading.
House Bill No. 34, to defray the expenses of the General As¬
sembly of the State of Tennessee, passed first reading; and,
On motion of Mr. Hildreth, was referred to the Committee on
Ways and Means.
House Bill No. 38, for the relief of the creditors of Foreign In¬
surance Companies, passed first reading.
House Bill No. 39, for the relief of volunteers, passed first read¬
ing ; and, %
On motion of Mr. Bradford, was referred to the Committee on
Military Affairs.
Mr. Barrow returned Senate Bill No. 19, to regulate the man¬
ner of paying the officers and soldiers of the provisional army of
Tennessee; which was taken up on third reading.
Mr. Payne offered a bill in lieu as follows :
A bill to regulate and fix the time of paying the Tennessee
volunteers:
Beit enacted by the General Assembly of the State of Tennessee, That
hereafter the volunteers and their officers in the provisional army
141
of Tennessee shall be paid once every two months, and that such
portion of the laws as requires officers to be paid once a month be
repealed, and that hereafter officers and privates be paid alike
every two months.
The bill in lieu was adopted.
The bill as amended passed its third reading :
Ayes 18
Noes 1
Senators voting in the affirmative are :
Messrs. Barrow, Bradford, Boyd, Bumpass, Hildreth, Horn,
Hunter, Johnson, Lane, Mickley, Minnis, McClellan, McNeilly,
Payne, Peters, Richardson, Stokely, and Mr. Wood—18.
In the negative :
Mr. Newman—1.
On motion of Mr. Bradford the rule was suspended, and the
bill ordered to be engrossed and transmitted to the House of
Representatives.
Mr. Newman returned House Bill No. 16, to amend the act to
raise, organize and equip a provisional force, and for other pur¬
poses ; and the same was taken up on third reading.
Mr, Payne offered an amendment to organize an Ordnance
Bureau.
Mr. Newman, offered the following amendment in lieu :
Sec. —. Be it further enacted, That the proviso to the 4th sec¬
tion of an act passed May 6th, 1861, be so amended as to allow the
Governor to appoint such additional officers of ordnance as may
be found absolutely necessary for said service, either to rank as
Captains or Lieutenants of Infantry ; which was adopted.
Mr. Newman offered the following in lieu of section eight of the
bill.
Be it further enacted, That there shall be attached to each bri¬
gade in the Tennessee Army one Drill Master, with the rank of
Captain of Cavalry, who shall be drill instructor for the brigade,
as ordered by the Brigadier General in command of the brigade,
and such general instructor shall be commissioned by the Gover¬
nor on the recommendation of the Brigadier General, and shall
hold the post as long as deemed necessary by the Brigadier Gen¬
eral.
Be it further enacted, That there shall be commissioned by the
Governor one Drill Master for each regiment to be recommended
by the Colonels of regiments, who shall hold the rank of First
Lieutenants of Cavalry; and such regimental Drill Master shall be
subject to the order of the Colonels of regiments, and assigned duty
by the Colonel; and said regimental Drill Master shall be retained
by the regiment as long as deemed necessary by the Colonel of
the regiment to which he is attached.
142
The amendment was adopted.
Mr. Payne moved to amend the last section of the bill by strik¬
ing out the words "Second Lieutenants," and inserting Captains;
which was adopted.
Mr. Newman moved to amend the section by adding the words:
and shall be entitled to forage for one horse ; which was agreed to.
Mr. Newman offered the following amendment, to constitute
an additional section of the bill.
Sec. —. Be it further enacted, That there shall be appointed in
accordance with the act of May 6th, 1861, ten regimental musi¬
cians, the chief to rank as Sergeant Major, and the other regi¬
mental musicians to rank as Sergeants of companies.
Which amendment was adopted.
Mr. Newman offered the following amendment in lieu of the
9th section of the bill:
Be it further enacted, That the rank of Aids of Major Generals
shall be the same as provided by the law for Aids of Major Gen¬
erals of the army of the Confederate States of America, and the
rank of Aids of Brigadier Generals shall be the same as provided
by law for the Aids of Brigadier Generals of the Confederate
States of America; but nothing herein contained shall be con¬
strued to increase the pay over the amount provided in an act
passed May 6th, 1861 ; which was adopted
The bill as amended was then,
On motion of Mr. Payne, passed over informally.
Mr. Boyd presented a memorial from Commissioners appointed
by a Convention of the people of East Tennessee, held at Greene-
ville, on the 17th, 18th 19th and 20th days of June, 1861, which
was read as follows :
To the General Assembly of the State of Tennessee:
The undersigned, memorialists, on behalf of the people of East
Tennessee beg leave respectfully to show, that at a convention
of delegates, holden at Greeneville, on the 17th, 18th, 1,9th and
20th days of June, instant, in which was represented every
county of East Tennessee, excepting the county of Rhea, it was
resolved:
1st. That we do earnestly desire the restoration of peace to our
whole country, and most especially that our own section of the
State of Tennessee shall not be involved in civil war.
2d. That the action of the State Legislature in nassinsr the so-
called " Declaration of Independence," and in forming the " Mili¬
tary League " with the Confederate States, and in adopting other
acts looking to a separation of Tennessee from the Government of
the United States, is unconstitutional and illegal, and, therefore,
not binding upon us as loyal citizens.
3d. And it was further resolved, that in order to avert a con¬
flict with our brethren in other parts of the State, and desiring
143
that every constitutional means shall be resorted to for the pre¬
servation of peace, we do, therefore, constitute and appoint O. P.
Temple, of Knox, John Netherland, of Hawkins and James P, Mc¬
Dowell, of Greene, Commissioners, whose duty it shall be to pre¬
pare a memorial and cause the same to be presented to the Gen¬
eral Assembly of Tennessee, now in session, asking its consent
that the counties composing East Tennessee, and such other
counties in Middle Tennessee as desire to co-operate with them,
may form and erect a separate State.
The idea ot a separate political existence is not a recent one,
but it is not necessary here to restate the geographical, social, eco¬
nomical, and industrial reasons which have often been urged in
support of it. The reason which operated upon the convention
and seemed to them conclusive, was the action of the two sec¬
tions, respectively, at the election held on the 8th inst., to de¬
termine the future national relations of the State. In that elec¬
tion, the people of East Tennessee, by a majority of nearly twenty
thousand votes, decided to adhere to the Federal Union, es¬
tablished prior to the American Revolution, and to which Ten¬
nessee was admitted in the year 1796 , while the rest of the State
is reported to have "decided by a majority approaching even more
nearly to unanimity, to leave the Federal Union and to join the
body politic recently formed under the name of the Confederate
States of America. The same diversity of sentiment was exhibit¬
ed, but less distinctly, at the election on the 9th of February last,
when the people of East Tennessee decided by a heavy majority
against holding a convention to discuss and determine our Federal
relations, overcoming by nearly fourteen thousand the majority in
the rest of the State in favor of such convention.
This hopeless and irreconcilable difference of opinion and pur¬
pose, leaves no alternative but a separation of the two sections of
the State ; or it is not to be presumed that either would, for a mo¬
ment, think of subjugating the other, or of coercing it into a po¬
litical condition repugnant alike to its interest and to its honor.
Certainly the people of East Tennessee entertain no such purpose
towards the rest of the State. And the avowals of their western
brethren, in connection with their recent political action, have
been too numerous and explicit to leave us in any doubt as to
their views.
It remains, therefore, that measures be adopted to effect a sepa3
ration, amicably, honorably, and magnanimously, by a settlement
of boundaries, so as to divide East Tennessee, and any contiguous
counties or districts which may desire to adhere to her, from the
"rest of the State, and by a fair, just and equitable division of the
public property and the common liabilities. It has occurred to the
undersigned, as the best method of accomplishing this most desira¬
ble end, that your body should take immediate action in the
144
premises, by giving a formal assent to the proposed separation,
pursuant to the provisions of section 3, article 4, of the Constitu¬
tion of the United States; and by convoking a convention repre¬
senting the sovereign power of the people of the respective divi¬
sions of Tennessee, with plenary authority to so amend the Con¬
stitution of the State as to carry into effect the change contem¬
plated.
With a view to such action, or to action leading to the same
result, the undersigned ask permission to confer with your body,
either in general session or through a committee appointed for
this purpose, so as to consider and determine the details more sat¬
isfactory than could otherwise be done.
Awaiting a response to this memorial, the undersigned beg to
add assurances of every endeavor on their part, not only to pre¬
serve the peaceful relations heretofore subsisting between the peo¬
ple in the two portions of the State, but to remove, as far as pos¬
sible, all causes of disturbance in the future, so that each may be
left free to follow its chosen path of prosperity and honor, unem¬
barrassed by any collision with the other.
O. P. TEMPLE,
john netherland,
jas. p. Mcdowell.
Mr. Wood offered the following resolution (Senate Resolution
No. 51,):
Resolved by the General Assembly of the State of Tennessee, That
a Joint Select Committee of five upon the part of the Senate and
on the part of the House, be appointed, consisting of mem¬
bers from the eastern division of the State, to take into considera¬
tion the memorial received from the convention held at Greeneville
on the 17th, 18th, 19th and 20th of June, 1861.
On motion of Mr. Wood, the rule was suspended and the reso¬
lution taken up.
Mr. McClellan moved to strike out the words " consisting of
members from the eastern division of the State;" which motion
prevailed.
The resolution as amended was adopted.
The Speaker appointed Messrs. Stokes,Peters, McClellan, Boyd
and Minnis on the part of the Senate, on the Committee provided
lor by the resolution.
On motion of Mr. Wood, the rule was suspended, and the reso¬
lution ordered to be engrossed and transmitted to the House of
Representatives.
On motion of Mr. Stokely, the Senate adjourned till to-mor¬
row morning at 9 o'clock A. M.
145
THURSDAY MORNING, JUAE 27, 1861.
The Senate met pursuant to adjournment.
The Journal of yesterday was read and approved.
Mr. Mionis asked to be excused from serving on the Joint Se¬
lect Committee to whom was referred the memorial of the Com¬
missioners appointed by the Greeneville Convention ; -which re¬
quest was granted.
The Speaker (Mr. Richardson in the Chair) appointed Mr. Lane
to fill the vacancy.
Mr. Wood asked and obtained leave of absence for Mr. Nash
for the remainder of the session, on accQunt of illness in his
family.
Mr. Thompson from the Committee on the Lunatic Asylum, re¬
ported back House Bill No. 19, for the benefit of insane members
of the families of volunteers, with amendments, and recommend¬
ed the rejection of Senate amendments A and B, and the adop¬
tion of an amendment submitted by the committee.
AMENDMENT OFFEftED BY THE COMMITTEE.
Be it further enacted, That nothing herein contained shall be so
construed as to cause any of the present patients of the Asylum
to be discharged, in order to give place to any of the above pa¬
tients, as provided in this act.
Mr. Payne moved to suspend the order of business, in order to
take up House Bill No. 16, to amend the act to raise, organize
and equip a provisional force, and for other purposes; which mo¬
tion prevailed, and the bill was taken up on third reading.
Mr. Payne offered the following amendment:
Be it further enacted, That section 25 of the act to raise, or¬
ganize and equip a provisional force, be so amended as to pro¬
vide that when horses belonging to volunteers in the cavalry ser¬
vice shall die, or may have died from ordinary diseases, and it
shall be made clearly to appear by proof that said death was not
producer? on account of any neglect on the part of the owner
that in such case he shall be paid the appraised value of his-
horse, deducting the amount he is entitled to receive or has re¬
ceived for the services of the horse.
On the adoption of the amendment, Mr. Payne demanded the
ayes and noes, which resulted:
Ayes 11
Noes .11
10 s
HG
Senators voting in the affirmative are:
Messrs. Harrow, Bam pass, Hunter, Johnson, Mickiey, McNeilly,
Pajme, Peters, Stokely, Thompson, and xr. Wood—11.
Those voting in the negative are :
Messrs. Allen, Boyd, Bradford, Horn, Lane, Minnis, McClellan,
Newman, Richardson, and Mr. Stokes—11.
So the amendment was rejected.
Mr. Payne offered the following amendment:
Sec. —. Be it further enacted, That when bonds have been
taken by competent authority, and submitted to the Military
Board for.approval, said Board shall be authorized and empow¬
ered to receive other proof than the oath of securities as now re-
quired, and may act on the same ; and if such outside proof of
solvency be sufficient, may approve such bonds without the affi¬
davits of securities to such official bonds.
Which amendment was adopted.
Mr. Newman offereel the following amendment:
Be it further enacted, That the Governor shall cause to be mus¬
tered into the service of the State so much of the reserve corps
of the State as he may deem proper ; but until called from their
homes, said reserve shall not be entitled to any pay.
Be it, further enacted, That it shall be the duty of the Gover¬
nor to arm and equip said reserve so mustered in as rapidly as it
can be done.
Be it further enacted, That there may be organized in the State
a torce of minute men, which the Governor is authorized to re¬
ceive in regiments, battalions, or companies, to be subject to the
call of the Governor, for a term of service not longer than ninety
days ; said force to furnish their own weapons, and be entitled to
such pay as is now provided by law for the provisional army,
during the time they may be engaged in actual service.
Which was rejected.
Mr. Barrow offered the following amendment:
Be it further enacted, That the Military and Financial Board is
authorized to loan from military fund the sum of thirty thousand
dollars for two years, to any person or persons who will agree
and give security to manufacture the Enfield musket, or such
other arms as may be directed by said board; the sum to be se¬
cured by mortgage on real estate to bear six per cent, interest,
and to be appropriated to no other purpose than the purchasing
of machinery for the manufacture of guns.
On the adoption of the amendment, Mr. Bradford, demanded
the ayes and noes, which resulted :
Ayes 20
Noes 1
Senators voting in the affirmative are:
147
Messrs. Allen, Barrow, Boyd, Bumpass, Hildreth, Horn, Hun¬
ter, Johnson, Lane, Mickley, Minnis, McCiellan, McNeilly, New¬
man, Payne, Peters, Richardson, Stokes, Stokely, and Mr. Wood
—20.
In the negative:
Mr. Bradford—1.
So the amendment was adopted.
Mr. Payne offered the following amendment:
Sec. —. Be it further enacted, That the Major Geueral in com¬
mand shall be allowed to appoint a Military Secretary, to be ap¬
pointed from the army, who shall receive compensation at the
rate of seven hundred and fifty dollars per annum.
Which amendment was rejected.
Mr. Hildreth moved to strike out all of the first section of the
bill with the exception of the enacting clause ; which motion was
disagreed to.
The bill, as amended, passed its third reading.
Ayes 18
N oes • • 4
Senators voting in the affirmative are :
Messrs. Allen, Barrow, Bumpass, Horn, Hunter, Johnson, Lane,
Mickley, Minnis, McCiellan, McNeilly, Newman, Payne, Peters,
Richardson, Stokes, Thompson and Mr. Wood—18.
Those voting in the negative are:
Messrs. Bradford, Boyd, Hildreth, and Mr. Stokely—4.
On motion of Mr. Payne, the rule was suspended, and the
bill ordered to be returned to the House of Representatives for
further action.
Mr. Mickley from the Committee on Enrolled Bills, reported
Senate Resolution No. 51, and Senate Bills Nos. 19, 23, 24 and
25 as correctly engrossed.
Mr, McCiellan from the Committee on Military Affairs, reported
back House Bill No. 39, for the relief of volunteers, and recom¬
mended its passage.
A message was received from the House of Representatives by
their Clerk, Mr. Atkinson, as follows :
Mr Speaker :
The House has considered and passed on third reading House
Bill No. 41, a bill to abate suits of aliens, and House Bill No. 36,
a bill to authorize the Banks of Tennessee to pay out the Treasury
notes of the Confederate States, and for other purposes, which
are transmitted for the action of the Senate. The House has
considered Senate amendments to House Bill No. 20, and con¬
curred in Nos. 1, 2, and 4; No. 3 amended and concurred in;
148
No. 5 concurred in, which is transmitted for further action of the
Senate.
house bills on third reading.
House Bill No. 13, to regulate proceedings in Magistrates'
Courts, was taken up on third reading.
Mr. McClellan offered the following proviso to the first section
of the bill, viz :
Provided, That nothing in this act shall be so construed as to
prevent the Justices of the Peace from holding their monthly and
quarterly courts; which was adopted.
Mr. Payne offered the following amendment:
Sec, —. Be it further enacted, That the remedy by motion against
a sheriff, constable, or coroner is hereby abolished, but this sec¬
tion shall not affect the liability of those officers and their secu¬
rities upon their bonds, and the common law remedy upon the
same, provided that the benefits of this section shall not extend
to officers in cases in which the money has been collected; which
was adopted.
Mr. Richardson offered the following amendment:
Be it further enacted, That this act shall take effect from and
after its passage ; which was adopted.
The bill as amend.ed passed its third reading.
Ayes 13
Noes 5
Senators voting in the affirmative are:
Messrs. Allen, Barrow, Bumpass, Horn, Hunter, Johnson, Lane,
Mickley, Nash, Minnis, McNeilly, Newman, Payne, Peters,
Richardson ,Thompson, and Mr. Wood—1G.
Those voting in the negative are :
Messrs. Bradford, Boyd, Hildreth, McClellan, and Mr. Stokely
—5.
On motion of Mr. Minnis, the rule was suspended, and the bill
was ordered to be returned to the House of Representatives for
further action.
Mr. Newman offered the following resolution (Senate Resolu¬
tion No. 52,):
Resolved by the General Assembly of the State of Tennessee, That
the Quartermaster's Department immediately make arrangements
with the various railroad companies in the State to pass the sol¬
diers of the Tennessee Army, who are sent home on furlough on
account of sickness, free, both going home and returning to their
respective camps.
Resolved, That the Quartermaster General be immediately fur¬
nished with a copy of this resolution.
On motion of Mr. Newman, the rule was suspended, and the
resolution taken up and adopted.
149
On motion of Mr. Newman, the rule was suspended, and the
resolution ordered to be engrossed and transmitted to the House
of Representatives.
On motion of Mr. Bumpass, the Senate took a recess until 3
o'clock P. M.
AFTERNOON SESSION.
The Senate was called to order at 3 o'clock by the Speaker, and
resumed the consideration of House Bills on third reading.
House Bill No. 19, for the benefit of the insane members ol the
families of volunteers, was taken up on third reading.
The question being upon the amendment offered by the Com¬
mittee on the Lunatic Asylum,
Mr. Bumpass moved to lay the same on the table, upon which
motion he demanded the ayes and noes, which were ordered and
resulted :
Ayes
Noes
Senators voting in the affirmative are :
Messrs. Bradford, Boyd, Bumpass, Lane, Payne, and Mr.
Stokely—6.
Those voting in the negative are:
Messrs. Allen, Plildreth, Horn, Hunter. Johnson, Mickley, Mc-
Clellan, McNeillyr, Newman, Peters, Richardson, Stokes, Thomp¬
son, and Mr. Wood—15.
So the motion to lay on the table failed.
The question recurring upon the adoption of the amendment,
the same was adopted.
Mr. Thompson moved to strike out Senate amendment No,
1 ; which motion was disagreed to.
Mr. Thompson moved to strike out amendment No. 2 ; which
motion was disagreed to.
The bill as amended passed its third reading.
.Ayes 16
Noes 2
6
15
150
Senators voting in the affirmative are :
Messrs. Allen, Barrow, Boyd, Bumpass, Hildreth, Hunter, John¬
son, Lane, Mickley, McClellan, McNeilly, Newman, Payne, Stokes,
Stokely and Mr. Wood—16.
Those voting in the negative are:
Messrs. Bradford and Horn—2.
Messrs. Peters, Richardson and Thompson were excused from
voting on the bill.
On motion of Mr. Bumpass, the rule was suspended, and the
bill ordered to be returned to the House of Representatives for
further action.
House Bill No. 21, to increase the pay of First Sergeants,
passed third reading.
Ayes* • • • 16
Noes 4
Senators voting in the affirmative are :
Messrs. Barrow, Bumpass, Horn, Hunter, Johnson, Lane,
Mickley, McClellan, McNeilly, Newman, Payne, Peters, Richard¬
son, Stokes, Thompson, and Mr. Wood—16.
Those voting in the negative are:
Messrs. Allen, Boyd, Hildreth, and Mr. Stokely—4.
On motion of Mr. Horn, the rule was suspended, and the bill
ordered to be returned to the House of Representatives for en¬
rollment.
House Bill No. 25, to suspend the office of Commissioner of
Roads, passed third reading.
Ayes 16
Noes 4
Senators voting in the affirmative are :
Messrs. Allen, Barrow, Bradford, Boyd, Bumpass, Horn, Hun¬
ter, Johnson, Lane, Mickley, Newman,Peters, Richardson,Stokes,
Stokely, and Mr. Wood—16.
Those voting in the negative are :
Messrs. Hildreth, McClellan, McNeilly, and Mr. Payne—4.
On motion of Mr. Allen, the rule was suspended, and the bill
ordered to be returned to the House of Representatives for en¬
rollment.
House Bill No. 27, to charter an Arms Company, was taken
up on third reading.
The amendment heretofore offered by Mr. Barrow to charter
the American Letter Express Company was adopted.
Mr. Minnis offered an amendment to charter the Athens Ex¬
press Company ; which was adopted.
Mr, Barrow offered an amendment to incorporate the Nashville
Gun Factory; which was adopted.
151
Mr. Payne offered the following amendment:
Sec.—,Be it further enacted, That all laws and parts of laws
requiring Insurance Companies in Tennessee to deposit State
bonds or other securities with the Comptroller of the State, as
collateral security, be, and the same are hereby repealed.
Which amendment was rejected.
The bill, as amended, passed its third reading.
On motion of Mr. Barrow, the rule was suspended, and the
bill ordered to be returned to the House of Representatives for
further action.
House Bill No. 28, to suspend sections 272, 284, 285, and 290
of the Code of Tennessee, passed third reading.
Ayes 19
Noes 00
Senators voting in the affirmative are :
Messrs. Allen, Barrow, Bradford, Boyd, Bumpass, Hildreth,
Hunter, Johnson, Lane, Mickley, McClellan, McNeilly, Nev?mao,
Peters, Richardson, Stokes, Stokely, Thompson, and Mr. Wood
— 19.
In the negative :
None.
A message was received from the House of Representatives by
Mr. Atkinson, their Clerk, as follows :
Mr. Speaker :
The House has concurred in Senate Resolution No. 51, in rela¬
tion to appointing a Joint Select Committee upon the memorial
of the Commissioners appointed by the Greeneville Convention.
The House has concurred in Senate amendment to House Bill
No. 24, a bill to provide for the issuance of Treasury notes.
The House has failed to concur in Senate amendments to
House Bill No. 23, a bill to incorporate Powell's River Lead Min¬
ing Company, and for other purposes, and it is recommitted for
further consideration of the Senate. The House has concurred in
Senate amendments to House Bill No. 13, a bill to regulate pro¬
ceedings in Magistrates' Courts. I am directed to transmit three pe¬
titions in relation to employing free negroes for the use of the
army.
The House has amended and concurred in Senate Resolution
No. 52, directory to the Quartermaster General.
The House has considered Senate amendments to House Bill No.
16, a bill to amend the act to raise, organize, and equip a provis¬
ional force, and for other purposes, and concurred in amendments
Nos. 3, 4 and 7, and failed to concur in Nos. 1, 2, 5 and 6, and it
is transmitted for the further consideration of the Senate.
152
The House has rejected Senate Bill No. 15, a bill to repeal
section 4747 of the Code of Tennessee.
The House has tabled Senate Bill No. 21, a bill to provide for
the payment of Deputy Marshals for taking the last census of
Tennessee.
Mr. Wood from the Committee on Ways and Means, to whom
was referred House Bill No. 34, to defray the expenses of the
General Assembly of the State of Tennessee, reported the same
back with a recommendation that it pass.
HOUSE BILLS ON SECOND READING.
House Bill No. 29, to submit to the popular vote an Ordinance
for the adoption or rejection of the Permanent Constitution of
the Confederate States, passed second reading.
House Bill No. 31, to repeal part of section 3965 of the Code
of Tennessee, and for other purposes, passed second reading.
House Bill No. 34, to defray the expenses of the General As¬
sembly of the State of Tennessee, passed second reading.
House Bill No. 35, to extend the time for redemption of real
estate, passed second reading.
House Bill No. 38, for the relief of the creditors of foreign in¬
surance companies, passed second reading.
House Bill No. 39, for the relief of volunteers, passed second
reading.
HOUSE BILLS ON FIRST READING.
House Bill No. 36, to authorize the Banks of Tennessee to pay
out the Treasury notes of the Confederate States, and for other
purposes, passed first reading.
House Bill No. 41, to abate suits of aliens, passed first
reading.
SENATE BILLS ON SECOND READING.
Senate Bill No. 13, to amend an act to raise, organize and
equip a provisional force, and for other purposes, was taken up on
second reading ; and,
On motion of Mr. Bradford, was laid on the table.
Senate Bill No. 17, to provide for physicians to look after the
general health of soldiers, was taken up on stond reading.
Mr. Bradford moved to indefinitely postpone the bill; which mo¬
tion prevailed.
SENATE BILL ON TIIIFD READING.
Senate Bill No. 22 to extend the time for redemption of lands
153
or real estate, sold by condemnation, until the termination of the
war, was taken up on third reading.
Mr. Stokely moved to lay the bill on the table; which motion
prevailed.
HOUSE MESSAGES.
House Message returning Senate Bill No. 20, to amend sec¬
tions 14 and 16 of an act passed May 6th, 1861, entitled an act
to raise, organize and equip a provisional force, and for other pur¬
poses, with sundry amendments of the Senate non-concurred in,
was taken up.
Senate amendments Nos. 1 and 2, forbidding drilling on the
Sabbath, except when absolutely necessary, were taken up.
Mr. Newman moved to insist upon the amendments; which
motion prevailed, on a division.
House amendment to Senate amendment No. 3 to said bill was
taken up,
Mr. Newman moved to non-concur in the House amendment
to the Senate amendment; which motion prevailed.
Mr. Peters moved to reconsider the vote non-concurring in
House amendment to Senate amendment No. 3 to said bill; on
which motion,
Mr. Wood demanded the ayes and noes, which resulted:
Ayes 12
Noes 7
Senators voting in the affirmative are :
Messrs. Allen, Boyd, Hildreth, Horn, Hunter, Johnson, McGlel-
lan, Payne, Peters, Stokely, Thompson, and Mr. Wcod—12.
Those voting in the negative are :
Messrs. Bradford, Bumpass, Lane, Mickley, Newman, Richard¬
son, and Mr. Stokes—7.
So the motion to reconsider prevailed.
The question recurring upon the motion to non-concur in the
amendment, the same was disagreed to, and the Senate concurred
in said amendment.
Senate amendment No. 4, non-concurred in by the House of
Representatives, was taken up.
Mr. Bumpass moved to insist on the amendment, which motion
was disagreed to ; and the Senate receded from the amendment.
On motion of Mr. Newman, the rule was suspended, and the
bill ordered to be returned to the House of Representatives for
further action.
House Message returning Senate amendments to House Bill
No. 23, to incorporate Powell's River Lead Mining Company, and
lor other purposes, was taken up, and the several amendments
154
non-concurred in by the House, were receded from by the
Senate.
House Message returning Senate amendments 1o House Bill
No. 16, to amend the act to raise, organize and equip a provis¬
ional force, and for other purposes, was taken up, and the Senate
receded from amendments i\os. 2 and 3, non-concurred in by the
House.
Senate amendment No. 5, in relation to the appointment of
regimental musicians, was taken up ; and,
On motion of Mr. Bumpass, the Senate insisted upon said amend¬
ment.
' Senate amendment No. 6, in relation to the rank and pay of
Chaplains, was taken up.
Mr; Bumpass moved to insist upon the amendment, upon which
motion,
Mr. Hildreth demanded the ayes and noes, which were taken
and resulted;
Ayes
Noes
Senators voting in the affirmative are :
Messrs. Allen, Boyd, Bumpass, Horn, Lane, Mickley, McClellan,
Newman, Stokes, Thompson, and Mr. Wood—11.
Those voting in the negative are:
Messrs. Bradford,Hildreth, Hunter, Johnson, Peters, Richardson,
and Mr. Stokely—7.
So the motion to insist prevailed.
On motion of Mr. Hildreth, the rule was suspended, and the bill
ordered to be returned to the House of Representatives for fur-
ther action.
House message returning Senate Resolution No. 5*2, directory
to the Quartermaster General, with an amendment, was taken
up, and the Senate concurred in the amendment of the House
On motion of Mr. Bumpass, the Senate adjourned until to-mor¬
row morning at 8 o'clock A. M.
11
7
155
FRIDAY MORNING, JUNE 28th, 1861.
The Senate met pursuant to adjournment.
The Journal of yesterday was read and approved.
Mr. Bumpass asked and obtained leave of absence for Mr.
Minnis, on account of sickness in his family.
Mr. Stokely asked and obtained leave of absence for Mr. Hil-
dreth for the remainder of the session.
Mr. Payne from the Joint Select Committee on Federal Rela¬
tions, reported back Senate Bill No. 14, to confiscate the property
and effects of persons residing in the United States of America,
and of moneys and effects claimed by the Government of said
United States, and asked to be excused from its further considera¬
tion.
Mr. Wood from the Joint Select Committee on Military Affairs,
reported as follows:
The Joint Select Committee on Military Affairs, to whom was
referred Senate Bills Nos. 18 and 19, and Senate Resolutions Nos.
38, 47, and 48, and House Resolution No. 53, have had the same
under consideration, and, as they have been suspended by the pas¬
sage of other bills and resolutions, the committee asked to be dis¬
charged from the further consideration of the same.
ED. J. WOOD, Chairman pro tern.
RESOLUTIONS LYING OVER.
Senate Resolution No. 38, to transfer the volunteer forces of
Tennessee to the Confederate States, was taken up.
Mr. Payne moved to amend the resolution by inserting after
the word " State," in the seventh line, the words subject to the
rules and regulations adopted by the Confederate authorities for
the government of the Confederate army ; which motion prevailed.
Mr. Payne moved to strike out the words " such portions of"
in the third line : which motion was agreed to.
On motion of Mr. Payne, the words " as may be deemed pru¬
dent and advisable," were stricken out.
The resolution as amended was adopted.
On motion of Mr. Newman, the rule was suspended and the
resolution ordered to be engrossed and transmitted to the House
of Representatives.
On motion of Mr. Bumpass, the vote receding from Senate
amendments to House Bill No. 23, to incorporate the Powell's
River Lead Mining Company, and for other purposes, was re¬
considered.
156
On motion of Mr. Bumpass, the Senate agreed to insist on its
amendments to said bill.
Senate Resolution No. 48, declaring against the policy of draft¬
ing soldiers, was taken up.
The resolution in lieu offered by Mr. Bradford, was variously
amended by him and adopted ; and the resolution as amended was
adopted.
On motion of Mr, Bradford, the rule was suspended and the
resolution ordered to be engrossed and transmitted to the
House of Representatives.
House Bill No. 29, to submit to the popular vote an Ordinance
for the adoption or rejection of the Permanent Constitution of the
Confederate States, passed third reading.
Senators voting in the affirmative are:
Messrs. Allen, Barrow, Bumpass, Horn, Hunter, Johnson, Lane,
Mickley, McClellan, Newman, Payne, Peters, Richardson, Stanton,
Stokes, Stokely, Thompson, and Mr. Wood—17.
Those voting in the negative are :
Messrs. Bradford and Boyd—2.
On motion of Mr. Stokely, the rule was Suspended and the bill
ordered to be returned to the House of Representatives for en¬
rollment.
House Bill No. 31, to repeal part of section 3965 of the Code of
Tennessee, and for other purposes, was taken up on third reading.
Mr. Horn offered the following amendment:
Be it further enacted, That all military companies that have
been formed for the purpose of drilling, and have elected their
officers shall be exempt from attending the militia muster of this
State : Provided such companies drill at least once a week and
tender their services to the Governor as part of the reserve corps,
or to the county commander of the Home Guard of Minute Men,
and hold themselves in readiness at all times to assist the Home
Guard of Minute Men in the discharge of their duties.
Which amendment was adopted.
The bill as amended passed its third reading.
Ayes 17
Noes 2
Senators voting in the affirmative are:
Messrs. Allen, Bumpass, Horn, Hunter, Johnson, Lane, Mickley,
McClellan, Newman, Payne, Peters, Richardson, Stanton, Stokes,
Stokeley, Thompson, and Mr. Wood—17.
HOUSE BILLS ON THIRD READING,
Ayes
Noes
17
2
157
Those voting in the negative are :
Messrs. Bradford and Boyd—2.
On motion of Mr. Horn, the rule was suspended and the bill
ordered to be returned to the House of Representatives for further
action.
On motion of Mr. Stokes, the Senate took a recess for forty-
five minutes.
The time for which the recess was taken having expired, the
Speaker called the Senate to order, and the consideration of
House Bills on third reading was resumed.
House Bill No. 35, to extend the time for the redemption of real
estate, passed third reading.
Ayes 13
Noes 4
Senators voting in the affirmative are:
Messrs. Allen, Bradford, Bumpass, Hunter, Johnson, Lane,
Mickley, Newman, Payne, Richardson, S;anton, Thompson, and
Mr. Wood—13.
Those voting in the negative :
Messrs. Barrow, Boyd, Horn, and Mr. McNeilly—-4.
Mr. Johnson entered a motion to reconsider the vote passing
the bill on its third reading.
House Bill No. 39, for the relief of volunteers, was taken up
on third reading.
Mr. Stanton offered the following amendment:
Be it further enacted, That if the Confederate Congress should
fail to increase the pay of privates in the volunteer ranks, the
State of Tennessee will upon her part pay all volunteer privates
from this State who are citizens thereof the sum of four dollars
per month additional to the amount already allowed them, and
contemplated to be paid by the said Confederacy. so that they
shall each receive in all fifteen dollars per month, and the Gov¬
ernor of this State is hereby ordered to issue script of suitable
amount due in 24. months after the termination of the war now
waging between the Northern and Southern States, bearing in¬
terest, however, from the date of issuance at 8 per cent, per an¬
num until paid, and the credit of the State is hereby pledged and
bound for the payment of the same.
Which amendment was adopted.
Mr. Payne offered the following amendment:
Sec. —. Be it further enacted, That when any mess of volun¬
teers shall keep a servant to wait upon the members of the mess,
such servant shall be allowed to draw one ration.
Which was adopted.
Mr. Newman offered the following amendment:
Be it further enacted, That the Adjutants of regiments may be
158
selected from the private soldiers in the line of the%ervice, as
well as from the officers in the service.
Which was adopted.
The question recurring upon the passage of the bill as amended
upon its third reading,
Mr. Stokely demanded a division of the question, and the ayes
and noes upon the original bill as it came from the House of
Representatives, which were ordered and resulted:
Ayes 15
Noes 4
Senators voting in the affirmative are :
Messrs. Allen, Barrow, Bumpass, Horn, Hunter, Johnson, Lane,
Mickley, McNeilly, Newman, Payne, Peters, Richardson, Stanton,
Thompson, and Mr. Wood—15.
Those voting in the negative are :
Messrs Bradford, Boyd, Stokes, and Mr. Stokely—4.
So the original bill was adopted by the Senate.
The Question recurring upon the passage of the amendment of
Mr. Stanton,
Mr. Bumpass demanded the ayes and noes, which resulted :
Ayes 16
Noes 2
Senators voting in the affirmative are :
Messrs. Barrow, Bradford, Bumpass, Horn, Hunter, Johnson,
Mickley, McNeilly, Newman, Payne, Peters, Richardson, Stanton,
Stokely, Thompson, and Mr. Wood—16.
Those voting in the negative are:
Messrs. Boyd and McClellan—2.
So the amendment was passed.
Mr. Allen was excused from voting upon the passage of the
amendment.
The question recurring upon the passage of the bill as amended
on its third reading, resulted :
Ayes 16
Noes * 5
Senators voting in the affirmative are:
Messrs. Allen, Barrow, Bumpass, Horn, Hunter, Johnson, Lane,
Mickley, McNeilly, Newman, Payne, Richardson, Stanton,
Stokes, Thompson, and Mr. Wood—16.
Those voting in the negative are:
Messrs. Bradford, Boyd, McClellan, Peters, and Mr. Stokely—5.
So the bill passed its third reading; and,
On motion of Mr. Stanton, was ordered to be transmitted to
the House of Representatives for further action.
159
A message was received from the House of Representatives by
Mr. Atkinson, their Clerk, as follows :
Mr. Speaker:
The House has considered and passed on third reading House
Bill No. 45, a bill to charter a Letter Express Company, and House
Bill No. 42, a bill to incorporate the Confederate Paper Mill's
Company, which are transmitted for the action of the Senate.
The House has also considered and adopted House Resolution
No. 64, a resolution relative to the Inspectors of the Penitentiary,
and House Resolution No. 59, a resolution instructive to our
delegates in the Southern Congress ; also a memorial relative to
the Penitentiary, which are transmitted for the consideration of
the Senate,
The House has also considered and adopted House Resolution
No. 60, a resolution to adjourn sine die, which is transmitted for
the consideration of the Senate.
The House has considered Senate amendments to House Bill
No. 16, a bill to amend an act to raise, organize, and equip a pro¬
visional force, and for other purposes, and recedes from its other
action on amendment No. 5, but insists on its other action on
amendment No. 6.
The House has concurred and adopted House Resolution No.
66, a resolution to appoint an agent to proceed to Knoxville and
other places to settle accounts.
House Resolution No. 68, a resolution directory to Committee
on Federal Relations, and the same are transmitted for the action
of the Senate.
The House refuses to concur in Senate amendments to House
Bill No. 23, in relation to incorporating the Miners' Bank of Duck-
ton, and ask a Committee of Conference.
Mr. Bumpass moved that a Committee on the part of the
Senate be appointed to act in conjunction with the Committee of
Conference appointed by the House of Representatives, on Senate
amendments to House Bill No. 23, to incorporate Powell's River
Lead Mining Company, and for other purposes; which motion
prevailed.
The Speaker appointed Messrs. Bumpass and Bradford on the
part of the Senate on said committee.
On motion of Mr. Richardson, the Senate took a recess until 2
o'clock P. M.
100
AFTERNOON SESSION.
The Senate was called to order at 2 o'clock by the Speaker.
Mr. Mickley Irom the Committee on Enrolled Bills reported
Senate Resolution No. 48, as correctly engrossed, and Senate
Resolutions Nos. 51 and 52 as correctty enrolled.
House Bill No. 36, to authorize the Bank of Tennessee to pay
out the treasury notes of the Confederate States, and lor other
purposes was taken up on second reading.
Mr. Payne offered the following amendment:
Be it further enacted, That the four first words, " at their first
meeting," of the 7th section, eleventh line of an act passed
February 27, 1856, chapter 210, be, and the same are hereby re¬
pealed.
Which amendment was adopted.
The bill, as amended, passed its second reading.
Mr. Payne offered the following resolution (Senate Resolution
No. 53,):
Whereas, It is understood that the authorities of the United
States Government have assumed the right to control shipments
upon the Louisville and Nashville Railroad; and believing such
assumption of authority is not only inimical to the interest of Ten¬
nessee, but an unwarrantable assumption on the part of that
Government; be it therefore
Resolved by the General Assembly of the State of Tennessee,
That in the event the Government of the United States shall con¬
tinue to prosecute its tyrannical claim to exercise authority over
the shipments upon said Louisville and Nashville Railroad, that
the Governor, in connection with the Military Board of the State,
be authorized and requested to take charge of the Tennessee por¬
tions of the lines of road leading to the city of Louisville, and
to make all such orders and impose such restrictions upon the
shipments upon said roads as, in their judgment, may best com¬
port with the honor and interest of Tennessee and of the Con¬
federate States, and to prevent the transportation of all contra¬
band articles on said roads.
Be it further resolved, That the Governor of this State be re¬
quested to furnish copies of these resolutions to the Governor of
Kentucky and the President of the Louisville and Nashville
Railroad.
On motion of Mr. Payne, the rule was suspended and the reso¬
lution taken up and adopted.
On motion of Mr. Payne, the rule was suspended, and the
161
resolutions ordered to be engrossed and transmitted to the House
of Representatives.
On motion of Mr. Wood, the order of business was suspended,
and House Resolution No. 60, to adjourn sine die on Monday, the
1st day of July, was taken up and concurred in.
Mr. Stokely moved to suspend the rule and order the return of
the resolution to the House of Representatives for enrollment;
which motion was disagreed to, and the resolution lies over.
House Bill No. 36, for the relief of the creditors of foreign in¬
surance companies, was taken up on third reading.
Mr. Newman offered the following amendment:
Be it further enacted, That the Treasurer of the State may pur¬
chase a safe for the office ot the Treasury Department of the
State, and the Comptroller shall issue his warrant on the Treas¬
ury for the payment of the same.
Which was adopted.
The bill, as amended, passed its third reading.
Ayes 19
Noes 00
Senators voting in the affirmative are :
Messrs. Allen, Barrow, Bradford, Boyd, Bumpass, Horn, Hun¬
ter, Johnson, Lane, Mickley, Minnis, McClellan, McNeilly, New¬
man, Payne, Peters, Richardson, Stanton, Stokes, Stokely, and
Mr. Thompson—19.
In the negative:
None.
On motion of Mr. Newman, the rule was suspended, and the
bill ordered to be returned to the House of Representatives for
further action.
Senate Bill No. 7, to increase the pay of privates in the Tennessee
volunteer troops to $15 per month, was taken up on third reading.
On motion of Mr. Stokes, the bill was laid on the table.
Senate Bill No. 8, to make the pay of Orderly Sergeants equal
to that of Second Lieutenants, was taken up on third reading.
Mr. Stokes moved to lay the bill on the table ; which motion
prevailed.
Senate Bill No. 19, to incorporate the Memphis'Legion, a vol¬
unteer military association in the city of Memphis, was taken up
on second reading.
Mr. Newman moved to lay the bill on the table ; which motion
was agreed to.
Senate Bill No. 14, to confiscate the property and effects of
persons residing in the United States of America, and of moneys
and sffects claimed by the Government of said United States,
was taken up on second reading.
On the passage of the bill, Mr. Stokely demanded the ayes and
noes, which were taken and resulted:
11 s
162
Ayes
Aloes
11
9
Senators voting in the affirmative are:
Messrs. Allen, (lorn, Johnson, Lane, Mickley, McNeilly, New¬
man, Payne, Peters, Thompson, and Mr. Wood—li.
Those voting in the negative are ;
Messrs. Barrow, Boyd, Bradford, Bumpass, McClellan, Rich¬
ardson, Stanton, Stokes, and Mr. Stokely—9.
So the bill passed its second reading.
Senate Bill No. 18, to obtain supplies for the provisional army
of Tennessee, was taken up on third reading.
Mr. Payne,'moved to insert in the first section of the bill, after
" agent,the words " or agents which was agreed to.
On motion of Mr. Payne, the bill was farther amended by strik¬
ing out in the 4th section the words "shall receive the compen¬
sation allowed a Brigadier General," and inserting the words
" shall be allowed two per cent, upon the loans obtained."
The bill as amended was rejected.
Senators voting in the affirmative are :
Messrs. Bumpass, Johnson, Lane, Mickley, McNeilly, Newman,
Payne, Peters, Thompson, and Mr. Wood—10.
Those voting in the negative are :
Messrs. Allen, Barrow, Boyd, Bradford, Horn, McClellan, Rich¬
ardson, Stokes, and Mr. Stokely—10.
House Resolution No. 47, directory to the Committee on Mili¬
tary Affairs, was taken up.
On motion of Mr. Stokely, the resolution was laid on the table.
House Resolution ■ No, 53, in relation to Quartermaster and
Commissary appointments, was taken up.
On motion of Mr. Bumpass, the resolution was laid on the
table.
House Resolution No. 59, a resolution of instruction to our
delegates to the Southern Congress, was taken up and adopted;
and,
On motion of Mr. Stokely, the rule was suspended, and the res¬
olution ordered to be returned to the House of Representatives for
enrollment.
House Resolution No. 64, relative to the Inspectors of the Peni¬
tentiary, was taken up and adopted.
On motion of Mr. Bumpass, the rule was suspended, and the
resolution ordered to be returned to the House of Representatives
for enrollment.
Ayes
Noes
10
10
163
house bills on first reading.
House Bill No. 42, to incorporate the Confederacy Paper Mill
Company, passed first reading.
House Bill No. 43, to charter a Letter Express Company,
passed first reading.
A message was received from the House of Representatives, by
Mr. Atkinson, their Clerk, as follows :
Mr. Speaker :
The House has concurred in Senate amendments Nos. 2, 3 and
4 to House Bill No. 19, a bill for the benefit of insane members
of the families of volunteers, and refuses to concur in amend¬
ment No. 1, and refers the same to the Senate for further action.
Mr. Bradford from the Committee on Enrolled Bills, reported
Senate Resolution No. 48, as correctly engrossed.
House message returning House Bill No. 16, to amend the act
to raise, organize and equip a provisional force, and for other pur¬
poses, with its refusal to recede from its non-concurrence in Sen¬
ate amendment No. 6, was taken up.
Mr. Richardson moved that the Senate recede from the amend-
.ment; upon which resolution,
Mr. Newman demanded the ayes and noes, which were ordered
and resulted :
Ayes 7
Noes 10
Senators voting in the affirmative are:
Messrs. Bradford, Johnson, McClellan, Peters, Richardson,
Stokes, and Mr. Stokely—7.
Those voting in the negative are :
Messrs. Allen, Boyd, Bumpass, Horn, Lane, Mickley, McNeilly,
Newman, Payne, and Mr. Wood—10.
So the Senate refused to recede from its amendment.
On motion of Mr. Newman, the Senate agreed to ask a Com¬
mittee of Conference to arrange the disagreement between the
two Houses in regard to the amendment.
The Speaker appointed Messrs. Newman, Bradford, and Bum-
pass on said committee.
House Resolution No. 66, to • appoint an agent to proceed to
Knoxville and other places, and settle accounts, was taken up.
Mr. Bumpass moved to lay the resolution on the table; upon
which motion,
Mr. Boyd demanded the ayes and noes, which were ordered and
resulted:
Ayes
Noes
5
13
164
Senators voting in the affirmative are :
Messrs. Allen, Bumpass, McNeilly, Newman, and Mr. Peters
—5,
Those voting in the negative are ;
Messrs. Barrow, Boyd, Horn, Johnson, Lane, Mickley, McClel-
Jan, Payne, Richardson, Stokes, Stokely, Thompson, and Mr.
Wood—13.
So the motion to lay on the table failed.
Mr. Stokely moved to strike out the words " and other places
where necessary," which motion was disagreed to.
Mr. Richardson moved to strike out the proviso to the resolu¬
tion ; which motion prevailed.
The question recurring upon the adoption of the resolution as
amended,
Mr. Newman demanded the ayes and noes, which were taken
and resulted :
Ayes
Noes
Senators voting in the affirmative are :
Messrs. Bradford,Boyd, McClellan, Richardson, Stanton and Mr.
Thompson—6.
Those voting in the negative are :
Mr. Allen, Barrow, Bumpass, Horn, Johnson, Lane, Mickley,
McNeilly, Newman, Payne, Peters, Stokes, Stokely, and Mr.
Woods—14.
So the resolution was rejected.
House Resolution No. 08, directory to the Committee on Federal
Relations, was read and non-concurred in by the Senate.
Mr. Payne offered the following resolution (Senate Resolution
No. 54,):
Resolved by the General Assembly of the State of Tennessee, That
the agent heretofore directed to be appointed to settle with the
authorities of Memphis, be authorized to settle with Chas. Jones,
a mechanic, for building an arsenal: Provided said arsenal shall
appear to be in- possession of the State, and that the amount
agreed to be allowed by such agent shall be sanctioned by the
Military and Financial Board.
On motion of Mr. Payne, the rule was suspended and the
resolution taken up and rejected by the Senate.
House message non-concurring in Senate amendment No. 1. to
House Bill No. 19, for the benefit of the insane members of the
families of volunteers, was taken up.
Mr. Bumpass moved that the Senate insist on the amendment;
which motion was agreed to.
Mr. Newman from the Committee of Conference on Senate
amendment No. 6 to House Bill No. 16, to amend the a;tto raise,
6
14
165
organize and equip a provisional force, and for other purposes, re
portt d as follows :
The Committee of Conference appointed to take into considera¬
tion the question of disagreement in regard to the rank of Chap¬
lains, recommend that the Senate recede from its amendment,
and insert the following : That Chaplains shall rank as Second
Lieutenants of Infantry, and be entitled to an officer's tent and
forage for one horse.
On motion of Mr. Peters, the report of the Committee was con¬
curred in.
On motion of Mr. Newman, the report of the Committee of Con¬
ference was ordered to be transmitted to the House of Represen¬
tatives for their action.
On motion of Mr. Richardson, the .Senate adjourned until to¬
morrow morning at 8 o'clock.
SATURDAY MORNING, JUNE 29, 1861.
The Senate met pursuant to adjournment.
The Journal of yesterday was read and approved.
HOUSE BILLS ON SECOND BEADING.
House Bill No. 42, to incorporate the Confederate Paper Mill
Company, passed second reading.
House Bill No. 43, to charter a Letter Express Company, was
taken up on second reading.
On motion of Mr. Barrow the bill was laid on the table.
HOUSE BILL ON THIRD READING.
House Bill No. 36, to authorize the banks of Tennessee to pay
out the Treasury Notes of the Confederate States, and for other
purposes, was taken up on third reading.
Mr. Barrow offered an amendment to authorize the Governor
to issue to the Nashville and Northwestern Railroad Company
$480,060 in Treasury notes of the State, in lieu of the bonds held
and to be drawn by said railroad company under the internal im-
166
provement laws of the State ; the Railroad Company to meet the
interest on the Treasury notes, in the same manner that the inter¬
est on bonds of the State loaned to internal improvement compa¬
nies, is met.
On the adoption of the amendment, Mr. Stokely dejmanded the
ayes and noes, which resulted :
Ayes 13
Noes 8
Senators voting in the affirmative are :
Messrs. Allen, Barrow, Horn, Hunter, Johnson, Mickley, Mc-
Neilly", Newman, Payne, Peters, Stanton, Thompson, and Mr.
Speaker JStovall—13.
Those voting in the negative are :
Messrs. Bradford, Boyd, Bumpass, Lane, McClellan, Richardson,
Stokes, and Mr. Stokely—8.
So the amendment was adopted.
Mr. Payne offered the following amendment:
Be it further enacted, That th»- bonds already in the hands of
said Nashville and Northwestern Railroad Company, amounting to
about one hundred and forty thousand dollars shall be given up
and cancelled when the same amount of Treasury notes is deliv¬
ered to said- company, and the balance of said bonds shall also be
delivered up and cancelled as the Treasury notes are issued;
which amendment was adopted.
Mr. Payne offered the following amendment:
Sec.—. Be it further enacted, That the provisions of the fore¬
going section shall be extended to the Louisville, Clarksville and
Memphis Railroad Company to the extent of thirty thousand
dollars, in Treasury notes as aforesaid, for the purpose of finishing
and completing the bridge on said railroad across Tennessee
river, the loan to be made subject to all the conditions, limita¬
tions and restrictions as provided in the loan to the Nashville and
Northwestern Railroad.
On the adoption of the amendment, Mr. Stokely demanded the
ayes and noes, which resulted ;
Senators voting in the affirmative are :
, Messrs. Allen, Barrow, Bumpass, Horn, Hunter, Johnson,
Mickley, McNeilly, Payne, Peters, Stanton, and Mr. Thompson
—12.
Those voting in the negative are :
Messrs. Bradford, Boyd, Lane, McClellan, Newman, Richard¬
son, Stokes, Stokely, and Mr. Speaker Stovall—9.
So the amendment was adopted.
Ayes
Noes
12
9
167
Mr. Bradford offered the following amendment :
Be it further enacted, That Treasury notes may be issued upon
the same terms and conditions to any railroad company in the
State which may hold bonds of the State or bonds endorsed by
the State.
On the adoption of the amendment, Mr; Bradford demanded
the ayes and noes, which resulted:
Aves 8
Noes 13
Senators voting in the affirmative are ;
Messrs. Bradford, Bumpass, Hunter, McClellan, Newman,
Peters, Stanton, and Mr. Stokely—8.
Those voting in the negative are :
Messrs. Allen. Barrow, Boyd, Horn, Johnson, Lane, Mickley,
McNeilly, Payne, Richardson, Stokes, Thompson, and Mr,
Speaker Stovall—13.
So the amendment was.rejected.
Pending the further consideration of the bill,
On motion of Mr. Stokes, the Senate took a recess for twenty
minutes.
The time for which the recess was taken having expired, the
Speaker called the Senate to order,and the consideration of House
Bill No. 36, to authorize the banks of Tennessee to pay out the
Treasury notes of the Confederate States, and for other purposes,
on its third reading, was resumed.
Mr. Payne offered an amendment to section 7 of the bill, as
follows;
Alter the words " at the discretion of the Comptroller of the
State" insert, and it shall be the duty of the various railroad
companies to pay the interest required of them into the hands of
the Treasurer.
Which was adopted.
Mr. Payne moved to strike out the word" if," in the second line
of the seventh section, and insert the word unless; which was
agreed to,
Mr. Payne moved to strikeout in the 7th section of the bill the
words "on the 15th day of April, J861," and to insert the words,
at the time of the passage of this act; which motion prevailed-
Mr. Payne moved to strike out all of the fifth line of the seventh
soction, and portions of 4th and 6th lines, commencing with the
word " the," in the 4th line, and ending in the 6th line, with the
word " {South which motion prevailed.
On motion of Mr. Payne, the words" since the commencement
of hostilities shall be bona Ji.ie evidence that it was done to evade
this act" were stricken out where they appear in the 8th section,
and the words after the passage of this act shall be void, were
inserted.
168
On motion of Mr. Payne, the words " on the 15th day of April,
1861," wherever they occur in the bill, were stricken out, and
the words, at the passage of this act, were inserted.
Mr. Payne offered the following amendment:
Sec. —. Be it further enacted, That so much of the free bank¬
ing law as requires the free banks to keep their bonds deposited
at par at the New York prices be repealed, and that said banks
be allowed to issue dollar for dollar for bonds so deposited ; and
that for all war bonds issued by the State of Tennessee, and
bought b}* said banks, they shall have the same privileges astothe
amount of issue upon them as the other banks have by law ; and
in all other respects said banks shall be placed upon an equality
with the other banks of the State as far as these war bonds are
concerned.
On the adoption of the amendment, Mr. Bradford demanded
the ayes and noes, which resulted :
Ayes 14
Noes 4
Senators voting in the affirmative are :
Messrs. Allen, Barrow, Bumpass, Horn, Hunter, Johnson,
Mickley, McNeilly, Newman, Payne, Peters, Richardson, Thomp¬
son, and Mr. Speaker Stovall—14.
Those voting in the negative are :
Messrs. Bradford, Boyd, Lane, and Mr. McClellan—4.
So the amendment was adopted.
The bill as amended passed its third reading.
Ayes >13
Noes 8
Senators voting in the affirmative are :
Messrs. Allen, Barrow, Horn, Hunter, Johnson, Mickley, Mc¬
Neilly, Newman Payne, Peters, Stanton, Thompson, and Mr.
Speaker Stovall—13.
Those voting in the negative are :
Messrs. Bradford, Boyd, Bumpass, Lane, McClellan, Richard¬
son, Stokes, and Mr. Stokely—8.
Mr. McNeilly moved to suspend the rule, and transmit the bill
to"the House of Representatives for its further action ; upon
which motion,
Mr. Bradford demanded the ayes and noes, which were ordered
and resulted:
Ayes 13
Noes • 8
Senators voting in the affirmative are :
Mes srs. Allen, Barrow, Horn, Hunter, Johnson, Mickley, Mc-
169
Neilly, Newman, Payne, Peters, Stanton, Thompson, and Mr.
Speaker Stovall—13.
Those voting in the negative are:
Messrs. Bradford, Boyd, Bumpass, Lane, McClelian, Richard¬
son, Stokes, and Mr. Stokely—8.
Two-thirds not voting in the affirmative, the motion was lost.
A message was received from the House of Representatives by
their Clerk, Mr, DeWolf, as follows:
Mr. SpEaker :
I herewith transmit a message from His Excellency, the Gov¬
ernor, and am instructed to ask a Convention of the two Houses
to-day at half past 11 o'clock, to take into consideration its con¬
tents.
On motion of Mr. Stanton, the message was taken up, and the
Senate acceded to the request of the House of Representatives to
meet them^n Convention at eleven and a half o'clock.
On motion of Mr, Bumpass, the Senate took a recess of five
minutes preparatory to meeting the House of Representatives in
Convention, to take into consideration the message of His Excel¬
lency, the Governor-
The time for which the recess was taken having expired, and
the hour of eleven and a half o'clock having arrived, the Senators
proceeded in a body to the Hall of the House of Representatives.
Iff convention.
The Speaker of the Senate took the Chair and called the Con¬
vention to order.
Representative Dudley moved that the Convention go into se¬
cret session ; which motion was agreed to, and the galleries and
lobby closed, and the doors closed.
The message of the G^ernor was read as follows :
Executive Department, )
Nashville, June 28, 1861
Gentlemen of the Senate
and House of Representatives:
I herewith transmit for your confirmation the nominations
which I have made since your adjournment on' the 9th of May,
under the provisions ol the act of May 6, 1861, as follows :
Assistant Commissaries General.
May 17. Frank W. Green, May 17. T. C. Ramsey,
" John R. Woods, " G. W. Menees,
" Daniel F. Cocke, " Samuel E. Barber,
170
May 17. O. B. Caldwell,
" Lee M. Gardner,
" William C. Bryan,
" Jerome Ridley,
" Wm. H. Slover,
" R.H.Williamson,
" John D. Allen,
" Albert G. Evving,
May 22. J. W. Bennett,
" George 1). Martin,
June 6. Wm. B. Leery,
" 14. Benj. L. Wilkes,
" 18. M. M. llenkle, Jr,
" 28. Felix Abby,
" ' W. F. Collins,
" Jarnes Glascock,
W. J. Woods.
Assistant 'Quartermasters General.
May 17. Jesse B. Clements,
(vice Paulding Anderson,
declined.)
May 17. E Foster Cheatham,
" James Glover,
May 17. Jno. W. Eleridge,
" jno. S. Bransford,
" John L. Sehon,
JohnS Hill,
" A. L. McClellan,
" Nathan Adams,
" H. T. Massengale,
" John W. Gorham,
May 22. Isaac Saffarans,
May 24. Ben. P. Roy,
May 30. Moses Crues,
June 8. Owen H. Edwards,
June
June
June
June
14. R. M. Mason,
18. John Marshall, Jr,
21. James A, Wiggs,
S. H. Ransom,
Ben. J. Lea,
21. S. L Finley,
Y. S. Pa turn,
28. Watt W. Floyd,
Gilbert R. Campbell,
Landon G. Oglesby,
J. E Rice,
R. P. ( rockett,
L. F> Cabler,
John F. Davis,
A. W. Vick,
' E. A. Hornbeak,
Jno. McLaughlin.
Artilltry Corps.
May 17. John P. McCovvn, Colonel.
" Milton A. Haynes, Lieutenant Colonel.
" Alexander P. Stewart, Major.
" Arthur M. Rutledge, Sr. (Japtain, 1.
" James H Wilson, Jr. Captain, 2.
" Marshall J. Polk, Captain, 3.
" Reuben R. Ross, Captain, 4.
" William H. Jackson, Captain, 5.
" Andrew Jackson, Captain, 6.
" Smith P. Bankhead, Captain, 7.
May 22, William Miller, Captain, 8.
" Fred Krone, Captain, 9.
" Fred Werner, Captain 10.
Ordnance Bureau.
June 15, Moses H. Whright, Senior Captain.
May 13, G. H. Monsarat, Captain.
" 22, Wm. Richardson Hunt, Captain-
171
May 28, Nathaniel P. Chambliss, Captain.
" 25, C. P. Sengstack, Lieutenant.
June 28, Geo. Grader, Lieutenant:
Assistant Adjutant General.
May 15, Pollok B. Lee,
June 7, Gustavus A. Henry, Jr.
Assistant Inspector General.
May 16. Henry W. Wall, (vice John C. Brown, declined.)
" Jo. G. Pickett,
C. H. Williams.
Engineer Corps.
" B. R. Johnson, Colonel,
" Achilles Bowen, Major,
" W. D. Pickett, Senior Captain,
" Montgomery Lynch, Captain,
" Charles C. Rogers, Captain,
" Thomas L. Estill, Captain,
" J. A. Haydon, Captain,
" J. G. Mann, Lieutenant,
" E. W. Rucker, Lieutenant,
" Felix R. K. Smith, Lieutenant,
" Menefee Houston, Lieutenant.
Surgeon General.
May 10. Dr. B. W. Avent, (vice Paul F. Eve, declined).
Regimental Assistants.
May 10, Dr. Emmett Woodard, Surgeoh, 1.
10, Richard Butt, Assistant, 1.
17, Samuel H. Stout, Surgeon, 2.
24, W. T. Perry, Assistant, 2.
17, William Nichol, Surgeon, 3.
17, J. R. Buist, Assistant, 3.
23, W. S. Bell, Surgeon, 4.
23, Junius Williams, Surgeon, 5.
23, L. P. Yandell, Assistant, 4.
25, R. R. Dashiel, Assistant, 6.
25, John S. Fenner, Assistant, 5.
27, R. T. Clark, Surgeon, 7.
27, F. F. Porter, Assistant, 6.
27, J. M. Keller, Surgeon, 8.
27, Charles McCormack, Assistant, 7.
28, G. L. Robertson, Surgeon, 9.
28, L L. Fite, Assistant, 8.
28, D. F. Wright, Surgeon, 10.
28, James B. Murfree, Assistant, 9.
i72
John L. Baird, Assistant, 10.
J. W. Gray, Surgeon, ll.
S. W. Caldwell, Surgeon, 12.
S. P. McGee, Assistant, 11.
W. E. Rogers, Surgeon, 13.
F. A. Kyle, Assistant, 12.
J. M. Larkins, Surgeon, 14.
W. B. Maney, Assistant, 13.
J. F. Johnson, Surgeon, 15.
J. D. Martin, Assistant, 14.
Francis Rice, Surgeon, 16.
R. W. Mitchell, Assistant, 15.
A. H. Yoorhies, Assistant, 16.
George Blackie, Surgeon, 17.
W. C. Cavanagh, Surgeon, 18.
J. T. Reed, Surgeon, 19.
C. K. Mauzy, Assistant, 17.
J. T. Marabie, Surgeon, 20.
Geo. W. Conway, Surgeon, 21.
A. B. Pulliam, Assistant, 18.
Jas. E. Dulaney, Surgeon, 22.
S. M. Carson, Assistant, 19.
James A. Forbes, Surgeon 23.
B. F. Dickinson, Assistant, 20.
W. M. Gentry, Surgeon, 24.
H. W.Whitfield, Assistant, 21.
Jno. W. Franklin, Surgeon, 25.
J. H. Morton, Assistant, 22.
John Patterson, Surgeon, 26.
Isaac McGowan. Assistant, 23.
Josephus Robertson, Surgeon, 27.
L. P, Green, Assistant 24.
Gustavus B. Thornton, Assistant, 25.
All of which nominations are respectfully submitted.
IS HAM G. HARRIS.
Mr. Newman asked a division of the question of confirmation
upon the appointments in the several departments of the service,
and moved that the list in the medical departments be first taken
up ; which motion was agreed to, and the list of Surgeons and
Assistant Surgeons was taken up and read.
Mr. Payne moved to confirm the appointments as read; which
motion was agreed to.
The list of Assistant Commissaries General was read and con¬
firmed.
The list of Assistant Quartermasters General was read andcon-
firmed.
The list of appointments in the Artillery Corps was read.
Mr. Whitthorne demanded a division.
May 28,
33
31,
June
6,
33
6,
33
6,
33
6,
33
8,
33
8,
3J
?9
8,
Q
39
0,
11,
33
11,
73
11,
?3
11,
3?
12,
June 12,
59
12,
33
12,
33
12,
33
12,
;3
13,
53
13,
53
14,
93
14,
33
14,
33
22,
33
17,
33
20,
33
20,
'3
20,
33
20,
33
38,
3
28,
173
The appointments were confirmed., with the exception of Milton
A. Haynes, Lieutenant-Colonel of Artillery.
Mr. Whitthorne moved that the confirmation of Lieutenant-
Colonel Milton A. Haynes be postponed, and that a committee be
appointed to examine into his habits ; which motion was disa¬
greed to.
Representative Cheatham moved that the Convention adiourn
until 2 o'clock ; which motion failed.
Mr. Payne moved that the nominations in the Engineer, Ord¬
nance, Adjutant General's, and Inspector General's departments
be confirmed ; which was agreed to, and tbe nominations were
confirmed.
On motion of Mr. Lane, the nomination of Milton A. Haynes,
as Lieutenant-Colonel of Artillery, was confirmed.
The Convention having completed the business for which it
was culled, the President declared it dissolved.
The Senators returned to their Chamber, and were called to
order by the Speaker.
Mr. Barrow moved that the vote passing House Bill No. 36, to
authorize the Banks of this State to pay out the Treasury notes,
of the Confederate States, and for other purposes, on its third
reading, be reconsidered, and then moved to lay that motion on
the table ; which latter motion was agreed to, and the motion to
reconsider was laid on the table.
The bill was then ordered to be transmitted to the House of
Representatives for further action.
House Bill No. 41, to abate suits of aliens was taken up and
passed its second reading.
Senate Bill No. 14, to confiscate the property and effects of per¬
sons residing in the United States of America, and moneys
and effects claimed by the Government of said United States, was
taken up on third reading; and,
On motion of Mr. Bumpass, was laid on the table.
Mr. Johnson withdrew his motion to reconsider the vote passing
House Bill No, 35, to extend the time for the redemption of real
estate, on its third reading ; and,
On motion of Mr. Stanton, the bill was ordered to be trans¬
mitted to the House of Representatives for enrollment.
A message was received from the House of Representatives, as
follows:
Mr. Speaker :
The House has considered and adopted House Resolution No.
67, a resolution to print the Permanent Constitution of the Con¬
federate States, and the act submitting the same to the popular
vote, and it is transmitted for the action of the Senate.
J 74
The Speaker of the House of Representatives has signed an
act to submit to the popular vote the Permanent, Constitution of the
Confederate States ; an act to increase the pay of First Sergeants;
an act relative to insurance companies; an act to suspend sec¬
tions 272, 284, 285, and 296 of the Code of Tennessee ; an act
to suspend the office of Commissioner of Roads ; an act to regu¬
late proceedings in Magistrates' Courts ; an act to amend the act
to raise, organize and equip a provisional force ; a resolution rel¬
ative to the Inspectors of the Penitentiary; which are transmit¬
ted for the signature of the Speaker of the Senate.
The Speaker of the House of Representatives has signed joint
resolutions on river defences; joint resolution directory to the
Quartermaster General; joint resolution to appoint a Joint Select
Committee on the Memorial of the Commissioners of the Greene-
ville Convention ; and they returned for the signature of the
Speaker of the Senate.
House Resolution No. 67, to print the Permanent Constitution
of the Confederate States, was taken up and adopted.
On motion of Mr. Peters, the Senate took a recess until half-
past two o'clock P. M.
AFTERNOON SESSION.
The Senate was called to order at half-past 2 o'clock by the
Speaker.
A message was received from the House of Representatives by
their Clerk, Mr. Atkinson, as follows :
Mr. Speaker :
The House has considered and adopted House Resolution No.
69, a resolution to furnish members of the General Assembly with
the army regulations ; which is transmitted for the action of the
Senate. The House has concurred in the report of the Commit¬
tee of Conference on House Bill No. 16. The House refuses to
concur in the report of the Committee of Conference on House
Bill No. 23, in relation to the Ducktown Bank. The House
amends and non-concurs in Senate amendment No. 1 to House
Bill No. 39, a bill for the relief of volunteers, and concurs in Sen- -
ate amendments Nos. 2 and 3. The House insists on its action
175
on House Bill No. 19, a bill for the benefit of insane members of
the families of volunteers. The House has amended and passed
Senate Bill No. 19, a bill to regulate the manner of paying the
officers and soldiers of the Tennessee army. The House has
passed Senate Bill No. 23, a bill to amend the charter of the East
Tennessee and Virginia Railroad Company. The House has re¬
jected Senate Bill No. 24, a bill relative to the inspectors of boil¬
ers and hulls of steamboats. The House has adopted Senate
Resolution No. 28, a resolution to transfer volunteer forces to the
Confederate States. The House has adopted Senate Resolution
No. 48, a resolution directing against the policy of drafting sol¬
diers. The House has tabled Senate Bill No. 25, a bill to author¬
ize volunteers to vote in the election of members to the Provis¬
ional Congress
I am directed to transmit a memorial from Camp Trousdale in
relation to raising the pay of Sergeant Majors ; which is trans¬
mitted for the action of the Senate.
The House has considered and adopted House Resolution No.
70, a resolutton concerning the location of the permanent seat of
Governmenfrof the Confederate States of America; it and the
accompanying memorial is herewith transmitted.
Mr. Bradford, from the Committee on Ways and Mean?, report¬
ed back House Bill No. 34, to defray the expenses of the General,
Assembly of Tennessee, and recommend its passage with sundry
amendments.
The bill was taken up, and the amendments offered by the Com¬
mittee of Ways and Means were adopted, and the bill passed on
its third reading:
Ayes '18
Noes * I
Senators voting in the affirmative are:
Messrs. Allen, Barrow, Boyd, Bumpass, Horn, Hunter, Johnson,
Mickley, McClellan, McNeilly, Newman, Payne, Peter3, Richard¬
son, Stanton, Stokes, Thompson, and Mr, Speaker Stovall—18.
In the negative :
Mr. Bradford—1.
On motion of Mr. McNeilly, the rule was suspended, and the bill
ordered to be returned to the House of Representatives for fur¬
ther action.
Mr. Newman offered the following resolution (Senate Resolu¬
tion No. 55,) :
Be it resolved by the Cfeneral Assembly of the State of Tennessee,
That the Governor of the State shall rank and grade the officers
appointed under the act raising a provisional army for the State
of Tennessee, in the same way and according to the same grade
and rank as provided by law for officers in the service of the (Ton-
federate States.
176
On motion of Mr. McNeilly, the rule was suspended and the
resolution taken up and adopted.
On motion of Mr. Bumpass, the rule was suspended and the
resolution ordered to be engrossed and transmitted to the House
of Representatives.
A message was received from the House of Representatives
by Mr. DeWolfe, their Clerk, as follows :
Mr. Speaker :
I am directed to transmit the report of the Joint Select Com¬
mittee on the memorial of the Commissioners appointed by the
Greeneville Convention.
The report of the Joint Select Committee appointed to take into
consideration the memorial of the Commissioners appointed by
the Greeneville Convention was taken up and read, as follows :
The Committee to which was referred the memorial of O. P.Tem-
ple, John Netherland and James P. McDowell, on behalf of them¬
selves and certain citizens of East Tennessee composiug the
Greeneville Convention, respectfully submit the following report:
rldie Qommittee are not satisfied that the citizens, seeking by
their memorial to have East Tennessee erected into a new State,
represent the sentiment of the people of East Tennessee. They
are not aware that the important subject of the memorial haa
been canvassed in the State except in the Greeneville Convention.
That convention, as thev are informed, was composed of dele¬
gates to the Knoxville Convention, which met on the 30th of
May last. These delegates were consequentlv chosen before the
vote on the 8th of June, and without reference to the particular
result of that vote. There is nothing whatever to show that they
were selected with the view to the formation of East Tennessee
into a new State, or that the wish of the counties which they as¬
sume to represent on that question was ascertained. Nor, indeed,
does it appear that said delegates were chosen upon a full ex¬
pression of public opinion. The grounds upon which the memo¬
rialists mainly rest the application is the vote of the 8th of June,
which, as the memorial assumes, exhibits an irreconcilable di¬
versity of sentiment between East Tennessee and Middle and
West Tennessee. The vote occurred, as already stated, subse¬
quent to the appointment of delegates who composed the Greene¬
ville Convention, and hence could not have an element in the
sentiment which appointed them.
In addition to this, as the question affects the whole State, we
remark, that nothing whatever of the sentiment of West and
Middle Tennessee is known on the grave question presented in
the memorial. In many portions of the State it is not even yet
known that memorialists desire to create a new State out of East
177
Tennessee. The fact is communicated to the General Assembly
in session, and with no opportunity whatever of comparing views
with their constituents on so important a question. Besides, with¬
out a full expression of sentiment to the contrary, the Committee
would be inclined to the opinion that our brethren of East Ten¬
nessee would acquiesce in the result of the vote on the 8th of
June. Every presumption is in favor of acquiescence. They are
our fellow-citizens, identified with us by the closest ties of kin¬
dred and interest. We have been long accustomed to regard
them as brothers. In the many contests*in the State, at the ballot
box, the will of a majority has been uniformly acquiesced in by
the minority. Many are the instances in which East Tennessee
had a large majority in favor of the prevailing policy. Such
was the case in February last. Whilst, in numerous instances,
its favorite policy has been lost Yet the people of the entire
State have invariably acquiesced. We are not prepared to believe
that a contrary result will follow now.
If however, there exists in the breasts of a majority of the
citizens of East Tennessee a desire to form themselves into a sep¬
arate State, and we are mistaken in our conclusions, we submit
that the question can be better disposed of by our successors, who
will assemble in a few months fresh from the people. In the
meantime, over the entire State the question can be discussed,
and a full expression of sentiment elicited. This will enable mem¬
bers to act in accordance with the known wishes of their con¬
stituents.
If, the memorial did not preclude us from doing so, by asking
the appointment of Commissioners to confer with Messrs. Temple,
Netherland and McDowell, on the single question of erecting East
Tennessee into a new State, we would recommend the appoint¬
ment of Commissioners to confer with thesegentlemen on the sub¬
ject of the grievances complained of by the citizens composing
the Greeneville Convention. The careful reading of the memo¬
rial, however, we regret to say, forbids us from so doing.
We decline to discuss the policy proposed by the memorial, as
well as other questions raised by it.
We earnestly hope that all causes of irritation between citizens
of the different portions of the State may soon be removed, and
that we may, as heretofore, continue brethren in feeling, alike
zealous to maintain the honor and promote the prosperity and
general welfare of the whole State. In conclusion, under the cir¬
cumstances, in our judgment, the General Assembly should at
this time take no action on the subject of the memorial.
Respectfully submitted,
STOKES, Chairman Senate Committee,
GANTT, Chairman House Committee.
12 a
178
On motion of Mr. Newman, the report of the committee was
adopted unanimously, and the committee discharged.
A message was received from the House of Representatives by
Mr. Atkinson, their Clerk, as follows :
Mr. Speaker :
The House has concurred in Senate amendments to House Bill
No. 34, in relation to defraying the expenses of the General As¬
sembly. »
The House has tabled Senate Resolution No. 53, in relation to
the Louisville and Nashville Railroad ; it has also tabled Senate
Bill No. 21, a bill to provide for the payment of the Deputy
Marshals for taking the last census of Tennessee.
House Resolution No. (59, to furnish members of the General
Assembly with the Army Regulations was taken up ; and,
On motion of Mr. Bumpass, laid on the table.
House Resolution No. 70,in relation to the location of the Cap¬
ital of the Confederate States was taken up.
On the adoption of the resolution, Mr. Bradford demanded the
ayes and noes, which resulted :
Ayes 12
Noes 7
Senators voting in the affirmative are:
Messrs. Allen, Barrow, Horn, Hunter, Johnson, Mickley, Mc-
Neilly Newman, Peters, Stanton, Thompson, and Mr. Speaker
Stovall—12.
Those voting in the negative are :
Messrs. Bradford, Boyd, Bumpass, Lane, McClellan, Richardson,
and Mr. Stokes—7.
So the resolution was adopted.
On motion of Mr. McNeilly, the rale was suspended and the reso¬
lution ordered to be returned to the House of Representatives for
enrollment.
House message returning Senate Bill No. 19, to regulate the
manner of paying the officers and soldiers of the provisional army
of Tennessee, with House amendments, was taken up.
House amendment No. ], to authorize the Governor to call into
service a portion of the reserve force of the State, was taken up.
Mr. Payne moved to concur in said amendment; upon which
motion,
Mr. Stokely demanded the ayes and noes, which resulted:
Ayes 15
Noes 3
Senators voting in the affirmative are :
Messrs. Allen, Barrow, Bumpass, Hunter, Johnson, Lane,
179
Mickley, McNeilly, Newman, Payne, Peters, Richardson, Stokes,
Thompson, and Mr. Speaker Stovall—15.
Those voting in the negative are :
Messrs. Bradford, Boyd, and Mr. McClellan—3.
So the amendment was concurred in.
House amendment No. 2, to authorize the Governor to accept
the services of organized companies of minute men, was taken up
and concurred in.
House amendment No. 3, to authorize the Commissary General
to appoint a Board of Survey, was taken up and non-concurred
in by the Senate.
Mr. Peters moved to reconsider the vote non-concurring in the
amendment; upon which motion he demanded the ayes and noes,
which were ordered and resulted :
Ayes 10
Noes 7
Senators voting in the affirmative are:
Messrs. Allen, Bumpass, Hunter, Johnson, Mickley McNeilly,
Newman, Stokes, Thompson, and Mr. Speaker Stovall—10.
Those voting in the negative are ;
Messrs. Bradford, Boyd, Horn, Lane, McClellan, Peters, and
Mr. Richardson—7.
So the motion to reconsider prevailed.
The question recurring upon the motion to concur in the amend¬
ment resulted :
Ayes 10
Noes 7
Senators voting in the affirmative are:
Messrs. Allen, Barrow, Bumpass, Hunter, Johnson, Mickley,
McNeilly, Newman,Thompson, and Mr. Speaker Stovall—10.
Those voting in the negative are:
Messrs. Bradford, Boyd, Horn, Lane, McClellan, Peters, and
Mr. Richardson—7.
So the amendment was concurred in.
House message non-concurring in Senate amendments to House
Bill No. 23, to incorporate the Powell's River Lead Mining Com¬
pany was taken up, and the Senate receded from all its amend¬
ments to said bill.
On motion of Mr. Lane, the rule was suspended, and the
bill was ordered to be returned to the House of Representatives
for enrollment.
House message non-concurring in Senate amendment No. 1 to
House Bill No. 19, for the benefit of insane members of the fami¬
lies of volunteers, was taken up; and,
On motion of Mr. Bumpass, the Senate receded from its said
amendment to said bill.
180
House message non-concurring in Senate amendment No. 1,
to House Bill Mo. 2.), for the relief of volunteers, was taken up,
and the Senate receded from the amendment.
On motion of Mr. Payne, the rule was suspended and the bill
ordered to be returned to the House of Representatives for en¬
rollment.
On motion of Mr. Richardson, the Senate adjourned until Mon«
day morning at 8 o'clock.
MONDAY MORNING, JULY 1, 1861.
The Senate met pursuant to adjournment.
A message was received from the House of Representatives as
follows:
Mr. Speaker :
The Speaker of the House of Representatives has signed the
following enrolled acts and resolutions :
An act for the manufacture of fire arms, gunpowder, &c.
An act to repeal part of section 3965 of the Code of Tennessee.
An act to amend sections 14 and 16, of an act passed May 6,
1861, entitled an act to raise, organize and equip a provisional
force, and for other purposes.
An act for the relief of volunteers.
An act to incorporate Powell's River Lead Mining Company,
and for other purposes.
An act for the benefit of insane members of the families of
volunteers.
An act to amend an act to raise, organize and equip a provisional
force, and for other purposes.
An act to extend the time for redemption of real estate.
An act to authorize the issuance of Treasury notes.
Joint resolution relative to printing the Permanent Constitution.
Joint resolution concurring in the location of the permanent seat
of government of the Confederate States.
Joint resolution to adjourn.
Joint resolution of instruction to our Delegates to the Southern
Congress.
181
An act for defraying the expenses of the General Assembly.
And they are herewith transmitted for the signature of the
Speaker of the Senate.
The House has considered and adopted House Resolution No.
71, a resolution directory to the Governor, and it is transmitted
for the action of the Senate.
House Resolution No. 71, directory to the Governor, was taken
up and adopted.
On motion of Mr. Bumpass, the order of business was sus¬
pended and House Bill No. 42, to incorporate the Confederate
Paper Mills Company, was taken up on third reading.
. On motion of Mr. Allen, the bill was amended by allowing the
Company to issue bonds bearing eight per cent, interest.
The bill as amended passed its third reading; and.
On motion of Mr. Bumpass, the rule was suspended, and the
bill ordered to be returned to the House of Representatives for
further action.
House Bill No. 41, to abate suits of aliens; was taken up on
third reading
Mr. Bradford moved to lay the bill on the table ; upon which
motion,
Mr. McClellan demanded the ayes and noes, w^ch resulted :
Ayes 6
Noes .12
Senators voting in the affirmative are :
Messrs. Bradford, Boyd, McClellan, Richardson, Stanton, and Mr.
Stokes—6.
Those voting in the negative are :
Messrs. Allen, Barrow, Bumpass, Horn, Hunter, Johnson, Mick-
ley, McNeilly, Payne, Thompson, and Mr. Speaker Stovall—12.
Mr. Payne moved to amend the bill by inserting the words
except Kentucky, Missouri and Maryland, after the word
" America," in the 6th line of the 1st section ; which was agreed to,
The bill as amended passed its third reading,
Ayes 12
Noes « 6
Senators voting in the affirmative are:
Messrs. Allen, Barrow, Bumpass, Hunter, Johnson, Mickley,
McMeilly, Newman, Pa}Tne,Stanton, Thompson, and Mr. Speaker
Stovall—12.
Those voting in the negative are :
Messrs. Bradford, Boyd, Horn, McClellan, Richardson, and Mr,
Stokes—6.
The Speaker appointed Messrs. Barrow and Thompson on the
182
Joint Select Committee provided for by the Joint Resolution in re¬
lation to the permanent location of the Capital of the Confederate
States.
Mr. Stanton offered the following resolution (Senate Resolution
No. 56,):
Resolved by the General Assembly of the Stale of Tennessee, That
the Governor of the State is hereby authorized to receive into the
military service Capt. Q,. C. Sanders' company of cavalry, which
is now ready for the service, with double barrelled shot guns.
On motion of Mr. Stanton, the rule was suspended, and the
resolution taken up and adopted.
On motion of Mr. Newman, the rule was suspended, and th§
resolution ordered to be engrossed and transmitted to the House
of Representatives.
Mr. Newman moved that a Committee of three be appointed
to act in connection with such number as the House of Repre¬
sentatives may appoint to wait upon the Governor, and ascertain
whether he has any further communication to make to this session
of the General Assembly; which motion was agreed to.
The Speaker appointed Messrs. Newman, Richardson, and
McClellan on said Committee.
Mr. Payne offered Senate Resolution No. 57, as follows :
Wiierkas, The approaching election in August for Governor,
members of the General Assembly, and deputies to the Provis¬
ional Congress is a matter of deep interest to the people of Ten¬
nessee, and especially so to the volunteer soldiery of the State,
and in which election they shall, if possible, be allowed to parti¬
cipate ; therefore,
Resolved by the General Assembly of the State of Tennessee, That
the officers in command of the volunteer forces in this Slate be;
and they are hereby requested, if consistent with the public
safety, to give furloughs to such volunteers as may be enabled to
vote, so as to enable them to attend the election in their respec¬
tive counties, and also to furnish them such other facilities in
going and returning therefrom as may be consistent with the rules
of the service.
On motion of Mr. Payne, the rule was suspended, and the reso¬
lution taken up and adopted, and ordered to be transmitted to
the House of Representatives.
A message was received from the House of Representatives, as
follows :
Mr. Speaker :
The House has concurred in Senate Resolution No. 56, and it
is transmitted to the Senate.
163
The Speaker of the House has signed an act to incorporate
the Confederate Paper Mill Company.
An act to abate suits of aliens.
An act to amend the charter of the East Tennessee and Vir¬
ginia Railroad Company.
Joint resolution to accept the mounted company of Capt.
Biffle.
Joint resolution directory to the Governor:
Joint resolution declaring against drafting soldiers.
An act to regulate the manner of paying the officers and soldiers
of the Provisional Army of Tennessee.
Joint resolution to transfer the forces to the Confederate States.
And they are transmitted for the signature of the Speaker of the
Senate.
The House has adopted House Resolution No. 63, and House
Resolution No. 75, and they are transmitted for the action of the
Senate.
Mr. Payne offered the following resolution (Senate Resolution
No. 58,):
Resolved by the Senate, That the thanks of this body are hereby
tendered to the Speaker, for the able, faithful and impartial man¬
ner in which he has discharged the duties of his office.
On motion of Mr. Payne, the rule was suspended, and the reso¬
lution taken up and adopted unanimously.
A message was received from the House of Representatives by
Mr. DeWolfe, their Clerk, as follows :
Mr, Speaker :
The House has concurred in Senate amendments Nos. 1 and
6, and non-concurred in Nos. 2, 4, 8, 9 and 10 to House Bdl No.
36, to authorize the Banks of Tennessee to pay out the Treasury
notes of the Confederate States, and for other purposes ; and the
bill and amendments are herewith returned to the Senate for
further action.
House Message returning House Bill No. 36, to allow the
Banks of Tennessee to pay out the Treasury notes of the Con¬
federate States, with sundry amendments non-concurred in by the
House, was taken up, and the Senate receded from all of fts amend¬
ments to said bill which were non-concurred in by House, and the
bill was ordered to be returned to the House for enrollment.
A message was received from the House of Representatives,
as follows:
Mr. Speaker :
The House has concurred in Senate Resolution No. 56, a reso-
184
lution directory to the Governor, and it is herewith transmitted to
the Senate for enrollment.
The House has adopted Senate Resolution No. 57, in favor of
allowing volunteers to vote, and the same is herewith returned to
the Senate for enrollment.
Mr. Payne offered the following resolution (Senate Resolution
No. 59,):
Resolved by the Senate, That the thanks of this body are hereby
tendered to the clerks, reporters, and other officers of this body
for the efficiency and faithfulness with which they have discharg¬
ed their respective duties.
On motion of Mr. Newman, the rule was suspended, and the
resolution taken up and unanimously adopted.
A message was received from the Plouse of Representatives, as
follows :
Mr. Speaker :
I herewith transmit a resolution inviting the Senate to attend
the presentation of a flag in the Hall of Representatives.
On motion of Mr. Payne, the resolution was taken up,.and the
Senate accepted the invitation of the House of Representatives.
House Resolution No. 37, directory to the Surgeon General and
his Assistants was taken up; and,
On motion of Mr. Newman, was laid on the table.
House Resolution No. 75, resolution of thanks to Patton Rob¬
ertson, was taken up and adopted unanimously.
On motion of Mr. McNeilly, the rule was suspended, and the
resolution ordered to be returned for enrollment.
On motion of Mr. Peters, the Senate took a recess until 3
o'clock P. M.
AFTERNOON SESSION.
Mr. Newman, from the committee appointed to wait upon His
Excellency, the Governor, reported that the committee had dis¬
charged the duty assigned them, and that the Governor had stated
that he had no further communication to make to this General
Assembly.
185
A message was received from the House of Representatives,
as follows:
Mr. Speaker:
The Speaker of the House of Representatives has signed en¬
rolled act to authorize the Banks of Tennessee to pay out the
Treasury notes of the Confederate States, and for other purposes.
Also, enrolled resolution authorizing the Governor to receive into
the service the cavalry company of Q. C, Sanders; enrolled res¬
olution in favor of allowing volunteers to vote, and enrolled res¬
olution voting thanks of the General Assembly to Patton Rob¬
ertson, and the same are herewith transmitted for the signature
of the Speaker of the Senate.
Mr. Bradford from the Committee on Enrolled Bills, reported
Senate Bills Nos. 19 and 23, and Senate Resolutions JNos. 55, 56
and 57 as correctly enrolled.
A message was received from the House of Representatives, as
follows:
Mr. Speaker :
The House has disposed of all the business before it, and is now
ready to adjourn sine die.
Ordered, That a message be sent to the House of Representa¬
tives, informing them that the Senate has transacted all the busi¬
ness before it, and is ready to adjourn sine die.
Mr. Thompson moved that the Senate now adjourn sine die ;
which motion prevailed.
Previous to the adjournment, the Speaker addressed the Senate
as follows :
Gentlemen of the Seriate :
My last official duty is at hand. Before I perform it, permit me
to return my heartfelt thanks for the flattering terms of the reso¬
lution in which you express your approbation of my course as
•the presiding officer of this body. Next to the consciousness of
having sought to discharge the duties incumbent upon me, with¬
out partiality or prejudice, and to the best of my ability, do I es¬
teem the generous judgment which you have passed upon me.
In the performance of my duties, 1 have endeavored to com¬
ply strictly with the rules adopted for the government of the Sen¬
ate, and if, at any time, I have departed from them, I beg you to
be assured that it was wholly unintentional—an error of the
head and not of the heart. And now, gentlemen, tendering you
186
my gratitude, I wish you, one and all, peace and prosperity, and a
happy return to the bosom of your families and friends. .
I now pronounce the Senate adjourned sine die.
B. L. STOVALL,
Speaker of the Senate.
JNO. McCLARIN,
Clerk of the Senate.
INDEX
TO
SENATE JOURNAL.
INDEX.
A.
Allen, V. S., Senator from Gibson, Carroll and Dyer ......
Bills,^Resolutions, Petitions, Motions, &c., 3, 24, 110,125,
125, 132, 139, 150,158, 102, 181.
B.
Barrow, Washington, Senator from Davidson, is qualified- • •
Bills, Resolutions, Petitions, Motions, &c., 107, 111, 117,
120, 122, 128, 131, 132, 134, 135,138,140, 146, 150, 151,
165, 173, 181.
Bradford, W. M., Senator from Hawkins, Hancock and Jef¬
ferson
Bills, Resolutions, Petitions, Motions, &c., 3, 14, 17, 22,
' 25, 36, 46, 57, 59, 60, 66, 69, 70, 73, 107, 110, 122, 123,
126, 127, 130, 136,139, 140,141, 146,152, 156, 163, 167,
168, 175,178, 181, 185.
Boyd, James S., Senator from Knox and Roane
Bills, Resolutions, Petitions, Motions, &c., 4, 20,32, 68,
140, 142, 163.
190
Bumfass, 11. WM Senator from Madison, Haywood, Lauder¬
dale and Tiptun
Bills, Resolutions, Petitions, Motions, &c., 3, 5, 13, 17,
20, 25, 27. 28, 30, 33, 55, 59, 70, 74, 80, 81, 82, 93, 94, 96,
97,98, 100, 101, 110, 111, 114, 119, 120, 121, 121, 126,
128, 129, 132, 134, 137,149, 150, 153, 154, 155, 156, 158,
159, 163, 164, 169, 173, 176, 178, 179, 181.
H.
Kildreth, Reese T., Senator from Overton, Fentress, Morgan
and Scott
Bills, Resolutions, Petitions, Motions, &c., 22, 28, 40, 63,
69, 70, 101, 120, 121, 122, 126, 131, 133, 134, 139, 140,
147, 154.
Horn, Judson, Senator from Stewart, Robertson and Mont¬
gomery
Bills, Resolutions, Petitions, Motions, &c., 3, 22, 30, 31,
35, 48, 60, 65, 98, 109, 111, 150, 156,157.
Hunter, R. W., Senator from Giles, Wayne and Lawrence - •
Bills, Resolutions, Petitions, Motions, &c., 3.
J.
Johnson, James M., Senator from Marshall and Bedford-
Bills, Resolutions, Petitions, Motions, &c., 3, 81, 82,
157, 173.
L.
Lane, Jas. T., Senator from Meigs, McMinn, Polk and
Monroe
Bills, Resolutions, Petitions, Motions, &c., 3, 18, 30, 42,
49, 55, 56, 71, 73, 76, 81, 96, 97, 98, 107, 108, 114, 115,
121, 123, 124, 125, 126, 145, 173, 179.
191
M.
Mickley, James E., Senator from Benton, Humphreys, Perry,
Decatur and Henderson
Bills, Resolutions, Petitions, Motions, &c., 3, 17, 18, 21,
23, 27, 35, 43, 125, 136, 147, 160.
Minnis, Jno. A., Senator from Rhea, Bledsoe, Bradley, Ham¬
ilton and Mai ion
Bills, Resolutions, Petitions, Motions, &c.,4, 15, 18, 21,
26, 27, 28, 31, 32, 33, 40, 42, 45, 46, 48, 57, 59, 61, 62,
65, 73, 75. 76, 93, 97, 101, 119, 127, 128, 132, 133, 135,
135, 136, 137,145,150.
McClellan, Geo. R., Senator from Johnson, Carter, Washing¬
ton and Sullivan
Bills, Resolutions, Petitions, Motions, &c., 3, 21, 26, 75,
76, 100, 110, 124, 144, 147, 148, 162, 181.
McNeilly, Thomas, Senator from Maury, Lewis, Hickman
and Dickson* • •
Bills, Resolutions, Petitions, Motions, &c., 3, 41, 72, 81,
82, 93, 129,168, 175, 176, 178, 184.
N.
Nash, M. V., Senator from Claiborne, Grainger, Anderson
and Campbell* v
Bills, Resolutions, Petitions, Motions, &c., 3, 72.
Newman, Taz. W., Senator from Franklin and Lincoln. Re¬
signs the Speakership * 96
Bills, Resolutions, Petitions, Motions, &c., 3, 5,13, 15,20,
33, 36, 60, 61, 100, 118, 12], 130, 132, 136, 141, 142, 146,
148, 149, 153, 155, 157, 161, 163, 164,165, 172, 175, 178,
182, 184.
P.
Payne, Robert G., Senator from Shelby and Fayette*
Bills, Resolutions, Petitions, Motions, &c , 3, 4, 5, 14,17,
18, 20, 21, 23, 25, 26, 27, 28, 30, 31, 34, 35, 37, 38,39,
102
40, 41, 46, 48, 49, 51, 52, 53, 54, 57, 58, 60, 61, 62, 63,
64, 65, 66, 68, 69,71, 82, 83, 94,99, 100, 101, 102, 106,
107, 109, 110, 111, 115,117,118,119, 120, 121, 124,126,
127, 138, 140, 141, 142, 145, 146, 147, 148, 151, 155, 157,
160, 162, 164, 166, 167, 168, 172, 173, 178, 180, 18J, 182,
183, 184.
Peters, George B., Senator from Hardeman, McNairy and
Hardin
Bills, Resolutions, Petitions, Motions, &c.f 35, 41 42, 53,
100, 102, 107, 109, 123, 153, 165, 174, 179, 184.,
It.
Richardson, John W., Senator from Rutherford and William
son
Bills, Resolutions, Petitions, Motions, &c., 3, 19, 31, 39,
46, 51, 56, 65, 66, 80, 96, 131, 132, 145, 148, 159,163,
164, 165, 180.
S.
Stanton-, S. S., Senator from Jackson, White and Macon - • • •
Bills, Resolutions, Petitions, Motions.. &c.,l4, 15, 19, 22,
34, 28, 32, 35, 49, 54, 57, 70,74, 80, 93, 94, 99, 100, 101,
109, 115, 121, 123,124, 157, 158, 169, 173, 182.
Stokes, Jordan, Senator from Wilson and DeKalb
Bills, Resolutions, Petitions, Motions, &c., 3, 33, 39, 43,
48, 49, 50, 54, 82, 107, 108, 115, 121, 123, 157, 161, 167.
Stokely, D. V., Senator from Greene, Cocke, Sevier, and
Blount - • •
Bills, Resolutions, Petitions, Motions, &c., 14, 16, 20, 21,
26, 28, 31, 35, 38, 44, 45, 51, 56, 62, 63, 108, 111, 114,
115, 117,123, 124, 128, 129, 130, 138, 144, 153, 155, 156,
158, 161, 162. 164, 166, 178.
Stovall,B. L., Senator from Henry, Weakley and Obion, is
elected Speaker - - - - 37
Bills, Resolutions, Petitions, Motions, &c., 3, 17, 22, 28,
37, 44.
193
T.
Thompson, Jas. L., Senator from Smith and Sumner
Bills, Resolutions, Petitions, Motions, &c., 3, 14 15 25
26, 33, 37, 40, 44, 46, 55, 59, 75, 80, 101,102, 107, 123',
126, 129, 133, 145, 149, 164, 181, 185.
Trimble, John, Senator from Davidson
Bills, Resolutions, Petitions, Motions, &c., 3, 18, 24, 28
32, 55, 58, 03, 94. ' '
W.
Wood, Ed. J., Senator from Coffee, Grundy, VanBuren, Can¬
non and Warren .
Bills, Resolutions, Petitions, Motions, &c., 3, 22, 26, 30,
34, 48, 56, 79, 92, 93, 106, 126, 135, 137,144, 145, 152,
153,155, 161.
s 13
MISCELLANEOUS.
Page
Proclamation of the Governor convening the Legislature - • • • 4
Messages from the Governor 5j 19, 23, 67, 76, 95, 103 169
Secret Session 13
DOORKEEPER—
Resignation of 22
Election of 22
HILLIARD, H W., Commissioner from the Confederate
States of America—
Joint Select Committee appointed to confer with 25
Addresses the General Assembly 30
PROTESTS—
Of Mr. Richardson and others, against the adoption of
Senate Resolution No. 20 46
Of W. M. Bradford against the ratification of the Mili¬
tary League. 69
Of W. M. Bradford against the Legislative address to
the people 91
Of Messrs. Stokely and Bradford against the adoption of
House Resolution No. 40 116
Military League between the State of Tennessee and the
Confederate States of America 67
Legislative Address to the people of Tennessee 83
CONVENTION OF THE TWO HOUSES—
To hear the address of Hon. H. W. Hilliard 30
To confirm appointments of Military officers made by
the Governor 96
195
Page
To elect a State Librarian- Ill
To confirm appointments of military officers • 169
Presentation of a flag to the Senate 118
Memorial of the Commissioners appointed by the Greene-
ville Convention 142
Report of the Committee appointed on the memorial of
the Commissioners of the Greeneville Convention- -. - - • 176
COMMITTEES OF CONFERENCE—
On Senate amendments to House Bill No. 23 159
On Senate amendments to House Bill No 16 163
Report of the Committee to whom was referred the memo¬
rial of the Commissioners appointed by the Greeneville
Convention.-• 176
No.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
196
SENATE RESOLUTIONS.
Subject.
To appoint Joint Select Committees on
Federal Relations, Military Affairs,
and Ways and Means
Directory to the Secretary of State
To print Hardee's Military Tactics
To appoint a Special Committee to con¬
fer with the Banks
Directing the Committee on Federal Ke¬
lations to prepare apian for separa¬
ting the State of Tennessee from
the United States of America
To authorize the Governor to make con¬
tracts for munitions of war and pro¬
visions
To allow members and officers of the
Legislature to draw their per diem
and mileage
To create a Military Board and organ¬
ize an Army Department
To provide, if possible, a peaceable solu¬
tion of present political difficulties..
To authorize the immediate organiza¬
tion of military companies and regi¬
ments
Asking information of the Governor
concerning obstructions to the com¬
merce of the State
To provide for guarding Railroad Depots
and Bridges
To request the Congress of the United
States to call a Convention for pro
posing amendments to the Consti¬
tution
To appoint a Joint Select Committee to
prepare an address to the people of
Tennessee
To remove the injunction of secresy
In relation to the seizure of the steamer
C. E. Hillman at Cairo
To authorize Taz. W. Newman to ar¬
range for the arming of a regiment
of volunteers
To authorize the Governor to appoint
Commissioners to form a Military
League with the Confederate States
To request a copy of the address of Hon.
H. W. Hilliard for publication..
Requesting our Senators in Congress to
resign their seats
4
5, 26
13, 21, 43
13
14, 65,
14
15
15
16, 18, 21, 35
17, 20
18
19
24
25, 33
25, 35
25, 29, 33
33
35
35
40, 46, 48
No
21
22
23
24
2£
26
27
28
29
30
31
32
33
34
35
35
36
37
38
39
40
41
42
43
197
SENATE RESOLUTIONS.
Subject.
Page.
To remove the injunction of secresv
from the bill submitting a Declara¬
tion to a vote of the people
Requesting that an armed force be sta¬
tioned at Union City
To adjourn sine die on Monday, the 6th
day of May, 1861
In relation to the printing of Hardee's
Tactics
Approving the course of the Governor
in refusing to call an election for
members of Congress
To supply members of the General As¬
sembly with Hardee's Tactics—
Asking information of the Governor
relative to 4he seizure of the steamer
Hillman
To appoint a Committee to wait on the
Governor
To authorize the Governor to make ap¬
pointments to fill vacancies
To remove the injunction of secresy and
publish the proceedings of the Le
gislature
To ratify and confirm the Military
League
tn relation to inspection of companies
and precedence of regiments and
corps
To stereotype Hardee's Military Tactics
for the use of the State
To allow volunteers to vote
To print the Constitution of the Con¬
federate States
Prescribing an oath for newly elected
members
Directory to the Joint Select Commit¬
tee on Military Affairs
Directory to the Committee on the Ju¬
diciary
ro transfer volunteer forces to the Con¬
federate States
[n relation to the qualification of mem¬
bers of the Senate
Declaring a change in the Statutes on
the subject of treason unnecessary..
Asking of the Military Board informa¬
tion in relation to the Artillery ser¬
vice of the State
To provide for a Convention of the two
Houses to elect a Librarian
inviting- members of the House of Rep¬
resentatives to attend a flag presen¬
tation in the Senate Chamber
40
44, 55
45, 62, 73
52, 59
52
57, 64
61
62
62, 97
65, 69
68
73
74
74, 93
81
99
99, 101
100, 119
100, 101, 117, 155
101,
107, 108
109
109
117
No.
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
198
SENATE RESOLUTIONS.
On river defenses
To raise a Special Committee to inquire
into the management of the Kail-
road Companies
To authorize the sale of a portion of the
Hermitage tract
Directory to the Committee on Inter¬
nal Improvements
Requesting the Governor concerning
volunteers
To regulate the sessions of the Senate....
To place the army of Tennessee under
the control of the President of the
Confederate States
To appoint a Joint Select Committee
upon the Memorial of the Commis¬
sioners appointed by the Greene-
ville Convention
Directory to the Quartermaster General
In relation to the assumption of control
by the Government of the United
States over shipments on the Louis¬
ville and Nashville Railroad
For the relief of Charles Jones, of Mem¬
phis
Directory to the Governor to rank and
grade military officers
To authorize the Governor to receive
Capt. Q. C. Saunders' company of
Cavalry.
To facilitate the voting of volunteers in
the next election
Of thanks to the Speaker of the Senate..
Of thanks to the Officers and Reporters
of the Senate
Page.
117, 120
119,122
122
123
129,130,156
129
130
144
148, 154
160
164
175
182
182
183
184
No.
1
2
3
4
5
6
7
7
8
9
10
11
12
13
199
SENATE BILLS.
Title.
?o submit to a vote of the peo¬
ple an Ordinance dissolving
their connection with the Gen¬
eral Government
?or the relief of the various
Railroad Companies of the
State of Tennessee
Co amend the Militia Laws of
the State requiring Captains
to give notice
Co establish a military organ¬
ization, and arm and equip
the State
Co amend the charter of the
city of Memphis
Co regulate the time of holding
the Circuit, Chancery and Su¬
preme Courts of the State....
ro incorporate the Tennessee
Arms Company
ro increase the pay of privates
in the Tennessee volunteer
troops to fifteen dollars per
month
ro make the pay of Orderly Ser
geants equal to that of Second
Lieutenants
ro amend an act entitled an act
to raise, organize and equip a
provisional force and for other
purposes
To protect the State of Tennessee
against Federal office holders.
To transfer the Hermitage to
the Confederate Government.
To repeal the 7th section of an
act passed May 6th, 1861, en¬
titled an act to submit to a
vote of the people a Declara¬
tion of Independence, and for
other purposes
To amend an act to raise, organ
ize and equip a provisional
force, and fof other purposes.
P3
15
18
26
26
26
35
41
100
101
101
102
102
107]
200
SENATE BILLS.
No.
Author.
Payne
Peters
jPeters
Stanton.
Payne ....
Bumpass,
Payne
Hildreth.
Bumpass.
Stanton-
Bradford.
Payne
Payne,
Barrow..
Title.
To confiscate the property and
effects of persons residing in
the United States of Ameri¬
ca, and of money and eflects
claimed by the Government
of said United States
To amend sections 4746, 4747,
and 4748 of the Code of Ten¬
nessee
To extend the time for perfect¬
ing land titles
To provide physicians to look
after the general health of
soldiers
To obtain supplies for the pro¬
visional army of Tennessee...
To regulate the manner of pay¬
ing the officers and privates of
the provisional army of Ten¬
nessee
To incorporate the Memphis Le¬
gion
To protect Tax Collectors
To provide for the payment
of the Deputy Marshals for
taking the last census in Ten¬
nessee
To extend the time for the re¬
demption of lands or real es¬
tate sold by condemnation un¬
til the termination of the war
To amend the charter of the
East Tennessee and Virginia
Railroad Companies
In relation to inspectors of boil¬
ers and hulls of steamboats...
To authorize volunteers to vote
in the election of members to
the Provisional Congress
Eor the relief of the Nashville
and Northwestern Railroad
Company
P3
107
107
107
109
109
110
120
120
120
121
127
127
127
PH
Other
Action.
161
119
111
152
111
114
161
138
127
127
133 139
134 139
134 139
173
127
115
162
140
134
155
123
155
128, 178
155
134
134, 135
201
PETITIONS AND MEMORIALS
PRESENTED IN THE SENATE.
Subject.
Prom Dr. Rezin Thompson, in relation to a self-loading can¬
non invented by him
Prom G. W. Harris, in relation to an important invention in
gunnery
From the Committee of Public Safety of Memphis, asking the
Legislature to suspend the payment of interest on the
bonded debt of the State in the hands of citizens of the
non-slaveholding States
From the Field Officers and Captains of Col. Fulton's regi¬
ment, asking that appointments of regimental Quarter
masters and Commissaries be made from the volunteers..
From citizens of Warren county, praying that amendments
be made to the Militia Laws
From citizens of Putnam and Cumberland counties, asking
that John H. Officer be attached to Putnam county
From the Field Officers and Captains of Col. Palmer's regi¬
ment in relation to appointments of regimental Commis-
| saries and Quartermasters
Bradford (From the Directors of the East Tennessee and Virginia Rail¬
road Company, praying an amendment to their charter....
From citizens of Shelby county, asking the passage of relief
laws
From the Commissioners appointed by the Greeneville Con¬
vention, asking that the Eastern portion of the State be
allowed to form a separate State Government
202
HOCJSE RESOLUTIONS.
Subject.
Requesting Judges and Chancellors to suspend their Courts from
time to time
Approving the action of the Governor in refusing troops to Abra¬
ham Lincoln
Recommending agriculturalists to devote their lands to the cul¬
ture of grains and grasses
To raise a Joint Committee to confer with the Hon. H. W. Hil-
liard
To provide for a Convention of the two Houses to hear an" ad¬
dress from Hon. H. W. Hilliard
To allow the Adjutant General the use of a room in the Capitol..
To authorize the Governor to issue Minnie Rifles to Captain Se¬
vier's Company
Authorizing B. R. Johnson and J. E. R. Ray to compile books
for the Military of the State
Requesting the Governor to send an armed force to Union City..
To remove the secresy of the present session
Inviting the President, Cabinet and Congress of the Confederate
States to Nashville
To authorize the Bank of Tennessee to issue Circulation to the
Nashville and Northwestern Railroad Company
Providing for a Bank Congress of the Southern States
To authorize the Banks to issue one dollar notes, and for other
purposes
Protesting against the obstruction of the free navigation of the
Mississippi
To print the Provisional Constitution of the Confederate States...
Tendering the thanks of the Legislature to the East Tennessee
and Georgia and the East Tennessee and Virginia Railroad
Companies
To provide for a Convention of the two Houses to confirm nom¬
inations made by the Governor
To change the hour of adjournment
Requesting Judges not to hold their Courts
Directory to. the Joint Select Committee on Military Affairs..
To raise a Joint Committee to wait upon the Governor
To tender the Hermitage to the Confederate Government for a
National Military School
To appoint persons to settle accounts at Memphis and Knoxville
To hold a Convention of the two Houses to elect a State Libra-
65
In regard to the appointment of Quartermasters and Commis¬
saries
To change the Coat of Arms over the Chair of the Speaker of the
House of Representatives
To raise a Joint Committee on the Permanent Constitution of
the Confederate States
203
HOUSE RESOLUTIONS.
Subject.
Directory to tbe Committee on Finance
Of instruction to our Delegates in the Southern Congress
To adjourn sine die on the 1st of July, 1861
Directory to the Surgeon General and his Assistants
Eelative to the Inspectors of the Penitentiary
To appoint an agent to settle accounts at Knoxville and other
To print the Permanent Constitution of the Confederate States-
Directory to the Committee on Federal Eelations
To furnish members of the General Assembly with the Army
Eegulations
In relation to the location of the Capitol of the Confederate
States
Directory to the Governor
Of thanks to Patton Eobertson
HOUSE BILLS.
Title.
To raise, organize and equip a provisional
force, and for other purposes
To prevent the collection of debts due by
citizens of Tennessee to citizens of non-
slaveholding States during hostilities
To defray the expenses of the General As¬
sembly
To repeal section 96 of the militia law oi
Tennessee, passed 28th January 1840
To amend section 4743 of the Code of Ten¬
nessee
To amend sections 2682, 2683, 2684 and
4765 of the Code
To regulate proceedings in Magistrates
Courts
Ph
41
58
62
71
49
56
80
49
56
57
58
62
72
65
71
93
117
124
148
55
Other
Action.
34, 49, 52
76
92
94
No.
16
18
19
20
21
22
23
24
25
«r
27
28
29
31
34
35
36
38
39
41
42
43
ZU4
HOUSE BILLS.
Title.
To amend the act to raise, organize and
equip a provisional force, and for other
purposes
To suspend and declare vacant the office of
Supervisor of Banks
For the benefit of insane members of the
families of volunteers
To amend sections 14 and 16 of an act
passed May 6th, 1861, entitled an act to
raise, organize and equip a provisional
force, and for other purposes
To increase the pay of First Sergeants
To amend the act to raise, organize and
equip a provisional force
To incorporate Powell'^ .River Lead Mi¬
ning Company, and for other purposes...
To provide for the issuance of Treasury
notes
To suspend the office of Commissioner of
Roads
To charter an Arms Company
To suspend sections 272, 284, 286 and 296
of the Code of Tennessee
To submit to the popular vote an Ordin¬
ance for the adoption or rejection of the
Permanent Constitution of the Confed¬
erate States
To repeal part of section 3965 of the Code
of Tennessee, and for other purposes
To defray the expenses of the General As¬
sembly of the State of Tennessee
ro extend the time for the redemption of
real estate
ro authorize the banks of Tennessee to pay
Treasury notes of the Confederate States,
and for other purposes
For the relief of the creditors of Foreign
Insurance Companies
For the relief of volunteers..
ro abate suits of aliens
ro incorporate the Confederate Paper Mill
Company
fo charter a Letter Express Company
W
128
124
117
124
131
124
124
128
131
128
131
138
138
140
138
152
132
125
124
124
138
126
126
133
138
132
138
152
152
152
152
160
140 152
140
162
163
163
152
173
165
165
«
Other
Action.
145
137
149
132
150
132
136
137
150
150
151
156 180
156
175
156
165
161
181
181
[163, 164
136, 138,141,154,
132
128, 145, 164, 179
153
139
135, 153, 155, 179
138
173
173, 183
HOUSE JOURNAL
OP THE
SECOND EXTRA SESSION OF THE
THIRTY-THIRD GENERAL ASSEMBLY
OP THE
STATE OF TENNESSEE,
WHICH CONVENED AT
NASHVILLE ON THURSDAY. THE 25th DAY OE APRIL, A. D. 18G1
NASHVILLE:
J. 0. GRIFFITH AND COMPANY, PUBLIC PRINTERS.
1861.
JOURNAL
of the
HOUSE OF REPRESENTATIVES.
THURSDAY MORNING, APRIL 25, 1861.
At a meeting of the General Assembly of the State of Ten¬
nessee, began, and held at Nashville, on Thursday the twentv-fifth
day of April, one thousand eight hundred and sixty one, in pur¬
suance of the Proclamation of His Excellency, isham G. Harris,
Governor of Tennessee, dated AptiI 18th, 1861, being the Third
Session of the Tnirty third Geneial Assembly of the State; on
which day, being that determined upon by the Proclamation of the
Governor for the meeting of the General Assembly, Fred S De
Wolle, Clerk of the House of Representatives, in the absence of
Hon. W. C. Whitthorne, the Speaker thereof, called the House to
order at 12 o'clock, M,
On motion of Mr. Lea, of Haywood, Mr. W. L. Martin, of the
county of Wilson, was called to the Chair.
The House was opened with prayer by the Rev. R. B. C,
Howell.
The Speaker pro tem. ordered a call of the House ; which was
had, and the following members failed to respond to the call, viz :
Messrs. Beatty, Bennett, Bickneil, Bledsoe, Britton, Butler,
Fam ily, Gorman, Ingram. Jones, Johnson, Kenner, Kincaid of
Anderson. Kincaid of Claiborne, Richardson, Shrewsbury, Tre-
whitt, White ot Davidson, White of Dickson, Whitmore, William¬
son, and .Vlr. Speaker Whitthorne—22.
Mr. Barksdale asked leave of absence for Mr. Bennett until
Monday next, on account of indisposition.
On motion, the Senate was informed that the House was now
organized, and prepared for the transaction of public business.
The following message was received trom the Senate :
Mr. Speaker :
I am directed to inform the House of Representatives that the
Senate has assembled in accordance with the proclamation oi
4
His Excellency, the Governor, and a quorum of the members being
present, and the officers of the Senate in their places, is ready for
the transaction of public business.
On motion of Mr. Williams of Hickman, the Speaker was em¬
powered to appoint a Committee of Five on the part of this
House, to act in conjunction with a committee on the part of the
Senate, to wait upon the Governor and inform him that the Legis¬
lature was now ready to receive any message he had to com¬
municate.
The Speaker appointed Messrs. Williams of Hickman, Brazel-
ton, Lea, Davis, and East, said committee on the part of the
House.
On motion of Mr. Cheatham, Miles Brantley, of Davidson
county, was appointed Principal Doorkeeper of the House, dur¬
ing the absence of the Doorkeeper elect; and he was thereupon
duly sworn, and entered upon the duties of the office.
Mr. Williams of Hickman, from the committee appointed to
wait upon the Governor, reported that they had discharged their
duty, and that the Governor would communicate in writing.
A Message from His Excellency, I. G. Harris. Governor of the
State, was received at the hands of Hon. J. E. R. Ray, Secretary
of- State, as follows :
Executive Department,
Nashville, April 2, 1861.
Gentlemen of the Senate
and House of Representatives :
The President of the United States—elected according to the
forms of the Constitution, but upon principles openly hostile to
its provisions—having wantonly inaugurated an internecine war
between the people of the slave and non-slaveholding States,
I have convened you again at the seat of Government, for the
purpose of enabling you to take such action as will most likely
contribute to the defence of our rights, the preservation,of our
liberties, the sovereignty of the State, and the safety of our people;
all of which are now in imminent peril by the usurpations of the
authorities at Washington, and the unscrupulous fanaticism which
runs riot throughout the Northern States.
The war thus inaugurated is likely to assume an importance
nearly, if not equal, to the struggle of our revolutionary fathers,
in their patriotic efforts to resist the usurpations and throw off
the tyrannical yoke of the English Government; a war the du¬
ration of which and the good or evil that must result from it, de¬
pends entirely, in my judgment, upon the readiness with which
the citizens of the South harmonize as one people, and the alac¬
rity with which they respond to the demands of patriotism.
5
I do not think it necessary to recapitulate, at this late hour,
the long train of abuses to which the people of Tennessee, and
our sister States of the South have been subjected by the anti-
republican spirit that has for many years been manifesting
itself in that section, and which has at last declared itself our
open and avowed enemy. In the message which I addressed
to you at your called session in January last, these things were
somewhat elaborately referred to, as constituting, in my judg¬
ment, the amplest reason for considering ourselves in imminent
danger, and as requiring such action on the part of the Legis¬
lature as would place the State in an attitude for defence,
whenever the momentous crisis should be forced upon us ; and,
also, as presenting to the North the strongest argument for
peace, and if possible, securing a reconstruction of the Union,
thus already dissolved by the most authoritative, formal, and
matured action of a portion of the slaveholdirig States. Minor
differences upon abstract questions—the ardent devotion of our
people to the preservation of the Union, originating with their
great loyality to the Government—and a more hopeful view of
the subject than I had been able to take, coupled with the sup¬
posed peaceful intentions of the authorities at Washington,
have resulted in leaving the State poorly prepared for the sad
realities which are now upon us.
But unfortunate as this may be, I am nevertheless encouraged
with the belief that we are at last, practically, a united people.
Whatever differences may have heretofore existed amongst us,
growing out of party divisions, as to the right of Secession as
a Constitutional remedy against Federal usurpation, all admit
the moral right asserted by^ our fathers, of each and every
people to resist wrong, arid to maintain their liberties by what¬
ever means may be necessary ; " that Governments derive their
just powers from the consent of the governed, and that when¬
ever any form of government becomes destructive of the ends
for which it was created, it is the right of the people to alter
and abolish it, and to institute a new government, laying its
foundation on such principles, and organizing its powers in such
form as shall to them seem most likely to effect their safety and
happiness." Standing by this common sentiment, with the
bloody and tyrannical policy ot the Presidential usurper fully
before us ; in the face of his hordes of armed soldiery, marching
to the work of Southern subjugation ; the people of the proud
Commonwealth of Tennessee—true to their honor, true to the
great principles of free institutions, true to the lessons of their
fathers, and true to their brethren of the South, the subjects of a
common oppression—have united, almost with one voice, in
declaring their fixed resolve to resist the tyrant; and in pledg¬
ing their lives, their fortunes, and their sacred honor to the
6
maintenance of their rights, and the rights of their sister States
of the South.
it cannot be overlooked that, in assuming an altitude of this
chaiaoter—forced upon us by the remarkable exigency of the
times—we are, in effect, dissolving our connection with the
Federal Union. As established by our fathers, that Union no
longer exists. However much we may have cherished it here¬
tofore, no intelligent and candid man can deny that it, has ceased
to be a blessing, e.nd has become a curse ; that it is no longer
a high and sacred means of protection, but an engine of op-
piession; that it has ceased to be a bond of brotherhood, and
has become a hatelul connection between communities at war.
It would be idle, therefore, to speak of ourselves any longer as
members of the Federal Union; and while it is believed by
many, wb"se opinions are entitled to the highest respect, that,
b\ reason of the subversion of the Constitution by the author-
Pies in power, inaugurating a revolution between the States
thereof, each and everv individual is already released from his
foi mer obligations to that government, yet, as best comporting
with the dignity of the subject, and also from a due regard to
those who may hold a different opinion—and farther still, that
all the world may be advised of our action—I respectfully sug¬
gest that our connection with the Federal Union be formally
,annulled in such manner as shall involve the highest exercise
of sovereign authority by the people of the State, and best se¬
cure thai harmony, so much to be desired, in times like tho
present, upon questions even of mere detail. Until this is done
many conscientious citizens may feel embarrassed in their ac¬
tion from their supposed relation to the General Government.
In emergencies like the present, while it is our duty to act?with
due deliberation and prudence, unbiased as far as possible by
excitement or prejudice, it is nevertheless of the highest impor¬
tance that we should act with promptitude and decision.
Whatever grounds of hope may have been suppo>ed to exist
heretofore for an adjustment of the difficulties bet ween the two
sections of the Federal Union ; however anxious we may have
been to continue members of the same common family with
the people of the North, such hope and expectation no longer
exis in the mind of any rational man. who desires to maintain
the honor and equality of the Mate, and the inviolability of
her peculiar institutions.
1 he present administration, elected upon avowed purposes
of hostility to the South—purposes which all knew then as well
as now, could not be carried into effict, without an internecine
war and a dissolution of the Union—has exerted every energy,
resorted to every strategy, and disregarded every constitutional
hairier, in order to hasten the accomplishment of the unholy
7
mission for which the people of the Northern section had ele¬
vated it to power. They have lost no time—they have neither
hesitated nor faltered. The low duplicity in which their Ad¬
ministration was inaugurated—trusting, while conceding noth¬
ing, to lull the South into a fatal security, furnishing ground
for divisions in the border slave States, while constant though
secret preparation for the work of subjugation was going on,
is now exposed and leaves us no alternative but independence
out of the Union, or subjugation in it. The dishonorable and
treacherous practices which have so far characterized the au¬
thorities at Washington, admonish us, that in the impending
struggle we are scarcely to expect the rules of honorable war¬
fare. Having its origin in a disordered moral sentiment of the
North—not finding the ordinary restraints ot patriotism among
their people—deriving its power from a usurpation and perver¬
sion ot the functions of government—having no middle-ground
short of positive subjugation of the South, or a defeat whi<|h
exposes its disgrace to the civilized world—I fear the time has
passed when peace can be hoped for by the mere moral force
of a united South, without a trial of arms. Having succeeded
in confusing and dividing the border slave States, they have
had ample time for military preparations. The veil which con¬
cealed their recent movements has been thrown aside. The note
of war has been sounded, and in the imperial proclamation, re¬
cently issued, the people of the Confederate States and all who
sympathize with them are treated as rebels, and twenty days is
allowed them to " disperse" and return to their allegiance to
the authorities at Washington. Without waiting for the expi¬
ration of the twenty days, in addition to the regular army and
naval forces, a militia force of seventy-five thousand has been
called into the field to execute this edict, by the power of arms.
As if purposely intended to add additional insult to the people
of Tennessee, 1 have been called upon, as their Governor, to
furnish a portion of these troops. 1 have answered that de¬
mand as in my judgment became , the honor of the State, and
leave the people to pass upon my action.
The Federal Union of the States, thus practically dissolved,
can never be restored ; or if ever thus restored, it must, by the
very act, cease to be a Union of free and independent States,
such as our fathers established. It will become a consolidated,
centralized Government, without liberty or equality, in which
some will reign and others serve—the lew tyrannize and the
many suffer. It would be the gieatest tolly to hope for the re¬
construction of a peaceful Union, upon terms of fraternity and
equality, at the end of an internecine war. There can be no
desirable Union without fraternity. And if we could not have
that, before the unholy crusade which is now being waged
8
against us, we cannot have it after they shall have wantonly
imbrued their unholy hands in the innocent blood of our peo¬
ple. from no worthier motive than a desire to destroy our equal¬
ity and subvert our liberties.
Therefore, I respectfully recommend the perfecting of an Or¬
dinance by the General Assembly, formally declaring the inde¬
pendence of the State of Tennessee of the Federal Union, re¬
nouncing its authority, and re assuming each and every func¬
tion belonging to a separate sovereignty ; and that said Ordi¬
nance, when it shall have been thus perfected by the Legisla¬
ture, shall, at the earliest practicable time, be submitted to a
vote of the people, to be by them adopted or rejected.
When the people of the State shall formally declare their
connection with the remaining States of the Union dissolved, it
will be a matter of the highest expediency,—I might almost
say of unavoidable political necessity—that we shall at the
Sjame time, or as soon thereafter as may be, connect ourselves
with those with whom a common interest, a common sympa¬
thy, and a common destiny identify us, for weal or for woe,
That each of the Southern States, as they throw off their con¬
nection with the Federal Government, should take an inde¬
pendent position in the contest, without that concert of action
which alone can be secured by political unity, is a proposition
which surely no one will assent to, who anticipates the dangers
of the hour and the necessity for perfect harmony in the work
of our general defence.
Such a political Union with the people of the Confederate
States is rendered essential, by the fact, that we have made no
provision for arming, organizing, provisioning, and embodying
our military forces, while the Government of the Corifederate
States, foreseeing this invasion, has had an eye to the necessi¬
ties of the emergency, and stands prepared generously to lend
us its assistance in this unprovoked and cruel struggle. If we
accept that assistance, we should do it in a spirit of mutual
trust and confidence, prepared to share its burdens equally,
while we avail ourselves of its advantages. A Government
thus perfectly organized can more thoroughly command the re¬
sources and aggregate the revenues of the country than isola¬
ted States, fighting without unity, and moving without a com¬
mon and responsible head. These resources, being thus con¬
centrated, because it is natural intuition to rally round such a
Government, in such an emergency, for self-preservation and
defence, can be disbursed with more efficiency, and with less
cost to the people than when the revenues, necessary to sup¬
port the war, are scattered by divided counsels and not con¬
trolled by a common bureau. The same may be said with re¬
gard to military operations. Unity of movement, to secure
9
unity of purpose in attack or defence, is absolutely necessary
to success. The people of the whole South, thus united by a
firm political compact, moving under the direction of one Gov¬
ernment, and animated by the sen^e of common perils and by
a unanimous determination to maintain their rights, liberties,
and institutions, are invincible, and must speedily conquer an
honorable peace. The war must necessarily be protracted or
brief in proportion to the union among themselves.
I, therefore, further recommend that you perfect an ordi¬
nance, with a view to our admission as a member of the South¬
ern Confederacy, (which, it is evident, must soon embrace the
entire slaveholding States of the South,) to be submitted in like
manner, and at the same time, but separately, for adoption or
rejection by the people ; so that they qiay have the opportu¬
nity to approve the former and reject the latter, or adopt both,
as in their wisdom may seem most c insistent with the future
welfare of the State. However fully satisfied the Executive
and Legislature may be, as to the urgent necessity for the
speedy adoption of both these propositions, it is our duty to
furnish the amplest means for a fair and full expression of the
popular will.
In the opening of a revolution, fraught with such consequen¬
ces, and the close of which no one can foresee, it is a matter
of the highest moment that we determine, as speedily as pos¬
sible our future political relations, delaying only long enough
to reach the will and voice of the people. Under existing cir,-
dumstances,Tcah see no propriety for encumbering the. people
of the St a te with the election of delegates, to do that which it
is in your power to enable them to do directly for themselves.
The most direct as well as the highest act of sovereignty, ac¬
cording to our theory, is that by which the people vote, not
merely for men, but for measures submitted for their approval
or rejection. Since it is only the voice of the people that is to
be heard, there is no reason why they may not as readily and
effectively express themselves upon an ordinance framed and
submitted to them by the Legislature, as if submitted to them
by a Convention. The Southern States, all of whom are now
engaged in resistance to the encroachment ot Abolition power,
will necessarily encounter embarrassments, arising from a
want of unity of action, until such time as they shall all be
united under a common Government.
The mode of action suggested, iu addition to the advantage
of its being the speediest of all others, will be attended with
less expense to the State, which is of far greater importance
now than at any former period of our history, owing to the
general embarrassment of the people,- which must continue at
least during these troubles, and to the heavy appropriations
10
that you will have necessarily to make to d< fray the expense
ot our defences.
li, however, it should be deemed advisable that a Conven¬
tion, lepresenting the sovereignty ot the people, should be
called by the General Assembly, in preference to submitting
an ordinance of independence directly to th> m, though I deem
the latter measure more expedient, under the circumstances, I
am not prepared to say that harmony and unanimity will not
thus be effected. The Senators and Representatives, coming,
as they do, directly from their constituents, are the best judges
of this measure. It cannot be regarded other than a question
of detail, inasmuch as a very large majority of the people re¬
gard them elves as being forever absolved from all obedience
to a Government that has developed the coldest and most de¬
liberate purpose to inaugurate a civil and sanguinary war
among them.
I deem it proper to remark in this connection that the Con¬
stitution ot the Confederate States, while i' retains all that is
valuable of the Constitution of the former United States, is an
improvement in many essential points upon that instrument, as
conceded by those even who were unfiiendly to the mode and
manner in which it originated.
1 he only additional matter to which I shall call your atten¬
tion—and first in importance—is the necessity of such legisla¬
tion as will put the State upon war tooting immediately. I
will not insult your intelligence or question your patriotism so
far as to resort to argument to prove the necessity of this meas¬
ure, but content myself by recommending the passage of a law
regulating the raising and thorough organization of an efficient
volunteer force for immediate service, in any emergency whioh
may arise, and a thorough and perfect organization of the
militia, so that in case of necessity the whole force of the State
can be speedily brought into action.
In my message to your extra session in January last, I laid
before you the report of the Keeper of Public Arms, showing
the number, character, and condition of the arms ot the State,
to which I refer you for information on that subject. Since
that report was made, I have ordered and received at the arse¬
nal, fourteen hundred rifle muskets, if upon this subject fur¬
ther or more accurate information is desired, ii shall be laid
before you by the report of the proper officer.
It requires no argument from me to prove the absolute ne¬
cessity of an immediate appropriation of a sum sufficient to
thoroughly arm and equip such military force as the State may
probably need in the prospective difficulties which lie before us.
In addition to which, I respectfully recommend that you ap¬
propriate a sum sufficient to provision and maintain such
11
force as is intended for the field, and an ample contingent mil¬
itary fund, to be subject to the order and disbursement of a
Military Board, under such restrictions as you nxay see proper
to impose.
The establishment of a Military Board, to consist of at least
three persons, and invested with power to make all needful
rules and regulations for organization and maintenance, I re¬
gard as indispensably necessary to a perfect military organi¬
zation and equipment in the State, and the fact that the Legis¬
lature cannot foresee and provide for the various contingent
expenses necessarily incidental to a state of war, justifies and
makes necessary the contingent military fund referred to.
I trust, gentlemen, that I have not so far mistaken your in-
telligrnce and patriotism, as to render necessary that 1 should
invoke you in the name of all that is sacred and dear to us as
a people—even the sanctity of our domestic firesides—to for¬
get past differences, and whatever may tend in the least to
distract your counsels in the present momentous crisis, in which
we have been involved by the unprovoked and tyrannical usur¬
pation of a people who, forgetting the lessons of their fathers,
have overthrown the fairest government upon earth, in the
mere wantonness of an unnatural sectional prejudice amount¬
ing to a sectional hate, and a disregard of those great principles
of justice and equality upon which the Federal Union was based.
I trust that to-day there are in Tennessee no Whigs, no Demo¬
crats ; but that we are one people—all patriots, all brothers,
recognizing a common interest and a common destiny; and
that we will stand as one man in defence of our honor and of
our rights. I pray you to cultivate a feeling of this kind, and to
disseminate it amongst your constituents. It is only by such
united and determined action, on the part of the people of the
whole South, that we can hope to avoid the calamities of the
bloodiest and most devastating civil war that has afflicted any
nation in the history of the civilized world.
I trust that a few days will be amply sufficient to dispose of
the business which 1 have laid before you. Your presence may
soon be net-ded in ihe field, and if not, will be required at home
lor counsel among your constituenis.
Trusting that an All Wise Providence may watch over your
deliberations, and direct you in the adoption of such measures,
as may most subserve the maintenance of the rights and lib¬
erties of the people, I submit the dt termination of these mat¬
ters to your hands.
ISHAM G. HARRIS.
Mr. Williams of Hickman moved that 20,000 copies of the
Message be printed for the u»e of the House.
12
Which motion was, at the suggestion of Mr. Porter, subsequently
withdrawn.
On motion of Mr. Cheatham, the House adjourned until 3
"•'clock.
AFTERNOON SESSION.
Mr. Pickett offered House Resolution No. 1, as follows:
Resolved by the General Assembly of the State of Tennessee, That
*pon the grave and solemn matters for our consideration submit¬
ted by the Governor's Message, that with a view to the public
safety, the two Houses of the Legislature hold their sessions with
•losed doors, whenever a secret session in either House maybe
•ailed tor by five members of said House, and that the oath of
secrecy be administered to the members and officers of said
House.
Mr. Lea moved to suspend the rules, and take up the resolution.
Mr. Wisener demanded the ayes and noes upon the question of
suspending the rules ; which were had, and resulted: :
Yeas ...... ....30
Nays 8
: Representatives voting in the affirmative are:
Messrs. Baker of Perry, Baker of Weakley, Barksdale, Bayless,
Caldwell, Cowden, Critz, Davidson, Davis, Dudley, Farley, Fra-
zier, Gantt, Gillespie, Green, Guy, Harris, Havron, Hebb, Hurt,
Kennedy, Lea, Lockhart, Mariin, Mayfield, Nail, Pickett, Porter,
Roberts, Russell, Senter, Sheid, Smith, Sowell, Trevitt, Vaughn,
"Williams of Franklin, Williams of Hickman, Woods and $lr.
Woodard—39.
Those voting in the negative are:
Messrs. Armstrong, Ford, Morris, Morphis, Norman, Senter,
Williams of Knox and Mr. Wisener—8.
It appearing that a quorum of the House was not voting, Mr.
Davis demanded a call of the House; which was had, and the
following Representatives failed to answer to the call, viz:
Messrs. Beatty, Bennett, Bicknell, Bledsoe, Britton, Butler,,Doak,
East, Ewing, Farrelly, Gorman, Ingram, Jones, Johnson, Kenner,
Kincaid of Anderson, Kincaid of Claiborne, McCabe, Richardson,
13
Shrewsbury, Trewhitt, White of Davidson, White of Dicksbn,,
Whitmore, Williamson and Mr. Speaker Whitthorne—26.
On motion of Mr. Williams of Hickman, the Doorkeeper was
dispatched for absent members.
Mr. Ewing appearing in the Hall, Mr. Williams of Hickmaa
moved that farther proceedings under the call be dispensed with
as a quorum was present.
The question upon the suspension of the rules for the adoptioa
of the resolution was then had, and resulted :
Yeas- 42
Nays 8
Representatives voting in the affirmative are:
Messrs. Baker of Perry, Baker of Weakley, Barksdale, Bayless,
Brazelton, Caldwell, Cheatham, Cowden, Critz, Davidson, Davis,
Dudley, Ewing, Farley, Frazier, Gontt, Gillespie, Greene, Guy,
Harris, Hebb, Hurt, Kennedy, Lea, Lockhart, Martin, Mayfield,
Morris, Nail, Pickett, Porter, Roberts, Russell, Sheid, Smith, Sowell,
Trevitt, Yaughn, Williams of Franklin, Williams of Hickman,
Woods and Mr. Woodard—42.
Those voting in the negative are:
Messrs. Armstrong, Ford, Havron, Morphis, Norman, Senter,
Williams of Knox and Mr. Wisener—8.
Mr. Harris moved to amend the resolution, by striking out
"five," and inserting "a majority of the members voting,"
Mr. Porter offered the following resolution in lieu of the original
resolution and amendment; which was adopted.
Resolved, That the sessions of this House, until further ordered,
shall be in secret.
The resolution in lieu was then adopted.
Representatives voting in the affirmative are:
Messrs. Baker of Weakley, Barksdale, Caldwell, Cheatham,
Cowden, Critz, Davidson, Davis, Dudley, East, Ewing, Farley,
Frazier, Gantt, Guy, Harris, Hebb, Hurt, Kennedy, Lea, Martin,
Mayfield, Morris, Nail, Pickett, Porter, Roberts, Sheid, Smith,
Sowell, Trevitt, Vaughn, Williams of Franklin and Mr. Woods
—34,
Those voting in the negative are :
Messrs. Armstrong, Baker of Perry, Bayless, Brazelton, Ford,
Gillespie, Greene, Havron, Lockhart Morphis, Norman, Russell,
Senter, Williams of Hickman, Wisener and iVir. Woodard—17.
Mr. Williams of Hickman offered the following resolution, No 2:
Resolved, That the order of the House for secret sessions shall
not be so construed as to exclude the members and officers of the
Senate.
Yeas
Nays
34
17
14
The rules were suspended, and the resolution was taken up.
Mr. Dudley offered the following 'amendment to the resolution;
which was accepted.
Provided, They are placed under the same obligation of se¬
crecy as is imposed on the members of this House.
The resolution, as amended, was then adopted.
Mr. Gantt introduced House Bill, No. 1, entitled "An act to
raise, organize and equip a provisional force, and lor other pur¬
poses which passed its first reading.
Mr. Pickett offered House Resolution, No. 3, as follows:
Resolved, That the use of this Hall be tendered to Hon. H. B.
Todd, of Missouri, and Mr. C. K. Marshall, of Mississippi, to ad¬
dress the public upon the questions of the day, this evening.
The rules were suspended, and the resolution was taken up.
Mr. Center demanded the ayes and noes upon its adoption ; the
resolution was adopted.
Y eas 47
Nays 3
Representatives voting in the affirmative are:
Messrs Armstrong Baker of Perry, Baker of Weakley, Barks-
dale, Bayless, Brazelton, Caldwell, Cheatham, Cowden, Critz,
Davidson, Davis, East, Ewing, Farley, Ford, Frazier, Gantt, Gil¬
lespie. Guy, Harris, Havron, Hebb, Hurt, Kennedy, Lea, Lock-
hart, Martin, May fie Id, Morris, Morphis, Nail, Norman, Pickett,
Porter, Roberts, Russell, Sheid, Smith, Sowell, Trevitt, Vaughn,
Williams of Franklin, Williams of Hickman, Williams of Knox,
Woods and Mr. Woodard—47.
Those voting in the negative are :
Messrs. Greene, Senter and Wisener—3.
The Speaker appointed Messrs. Pickett, Cheatham and Barks-
dale, a committee to inform the gentlemen of the passage of the
resolution.
Mr. Morris introduced House Resolution, No. 4, as follows:
Resolved, That a committee of three be appointed bv the
Speaker to invite the Ministers of the Gospel in the city of Nash¬
ville, to attend our meetings during the session, and open our de¬
liberations with prayer, under such regulations as they may adopt./
The rules were suspended and the resolution adopted.
Thereupon, the Speaker appointed Messrs. Morris, Gillespie
and Vaughn, said committee.
Mr. Porter introduced House Bill, No. 2, to absolve all connec¬
tion with the Federal Government; which was read first time and
passed.
Mr. Caldwell offered House Bill, No. 3, providing for the calling
of a Convention ot the People of Tennessee; which was read
first time and passed.
15
Mr. Caldwell moved the appointment of a committee of seven,
to whom to fefer House Bills, Nos. 3 and 4.
Mr. Cheatham moved to lay the motion upon the table; which
motion prevaded
Mr. Baker of Perry moved to adjourn until to-morrow morning;
which motion prevailed, and the House adjourned.
FRIDAY MORNING, APRIL 26, 1861.
The House met pursuant to adjournment.
Mr. Martin of Wilson in the Chair.
The Journal of yesterday was read and approved.
Mr. Davis introduced House Resolution No. 5, as follows:
Whereas, Abraham Lincoln, President of the United States,
has demanded of the Governor of the State of Tennessee, 2,000
troops to wa»e an unholy, unnatural, unjust and diabolical war
upon the Confedeiate States of America, who are identi >ed with
us in sympathy and interests: and whereas, our patriotic Gover¬
nor, in plain language, informed the sectional oppressor that not
one man should be sent from the State to fight his unholy battles;
Therefore,
Resolved by the General Assembly of the State of Tennessee, That
we, the Representatives of the free and independent people of
the sovereign State of Tennessee, do hereby ratify, approve and
endorse the course which the Governor pursued in the premises,
and we do hereby pledge our fortunes, our lives, and sacred honor
that we will maintain this act upon the part ot the Chief Execu¬
tive of the State, and (hat we will drive back any fanatical hordes
of so unjust an oppressor, who may invade Southern States, or
'die in the attempt.
Messrs. Bicknell Johnson, Britton, Whitmore, White of David¬
son, Jones and Gorman appeared and took their seats.
Mr. Barksdale introduced Uouse Resolution No. 6, as follows:
Resolved by the General Assembly of the State of Tennessee, That
we heartily approve of the course of our Chief Executive in re¬
fusing to comply with the demand of Abraham Lincoln for two
regiments of volunteers from Tennessee, to wage war upon the
seceded states
That it is the sense of the General Assembly that the sovereign
IS
State of Tennessee no longer owes obedience or allegiance to tharS
General Government.
- That by the course of our Chief Executive and the action of our
people, in preparing to resist the General Government, we are in
the midst of a revolution, and it is the high duty of the sovereign
State of Tennessee, to at once release herself from her entangling
connection with the General Government, and unite herself with
the Confederate States.
Mr. Vaughn moved to suspend the rules for the consideration of
resolution No. 5.
Mr. Sheid demanded the ayes and noes, which were ordered
and resulted —
Yeas 45
Nays 11
Representatives voting in the affirmative are:
Messrs. Baker of Perry, Baker of Weakley, Barksdale, Bayless,
Bicknell, Brazelton, Caldwell, Cheatham, Cowden, Critz, David¬
son, Davis, Doak, Dudley, East, Farley, Ford, Frazier, Gillespie,
Guy, Harris, Hurt, Jones, Kennedy, Lea, Lockhart, Martin, May-
field, McCabe, Morris, Morphis, Nail, Norman, Porter, Roberts,
Sheid, Smith, Sowell, Trevitt, Vaughn, White of Davidson,
Whitmore, Williams of Franklin, Williams of Hickman and Mr.
Woods—45.
Those voting in the negative are:
Messrs. Armstrong, Britton, Gorman, Greene, Havron, Hebb?
Russell, Senter, Williams of Knox, Wisener and Mr. Woodard—11.
The following message was received from the Senate:
Mr. Speaker :
The Senate has adopted Senate Resolution No. 1, providing*
for the raising of Joint Select Committees on Federal Relation^,
Military Affairs, and Ways and Means, and the same is hereby
transmitted for the consideration of the House of Representatives.
I am directed to inform the House that the Senate has ordered
the admission to its secret sessions, the members and officers of
the House of Representatives, for the purpose of conference and
communication upon the measures before the General Assembly,^
Mr. Davis offered the following resolution in lieu of resolution
No. 5:
Resolved by the General Assembly of the State of Tennessee, That
the refusal of the Governor of Tennessee to turnish troops, in
compliance with the call of Abraham Lincoln, meets the cordial
approval of this hotly, and reflects the will and opinion of tfie
people of this State.
Mr. Farrelly appeared and took his seat.
i?
Mr. Dudley moved the reference of the resolution to a special
committee of three, to be appointed by the Speaker.
$Vhereupon, Mr. Bayless demanded the previous question;
which was subsequently withdrawn, and the resolution and resolu¬
tion in lieu were referred to a special committee, consisting of
Messrs, Dudley Lockhart and Gillespie.
-A motion was made to suspend the rule to take up resolution
No. 6 ; which motion failed.
Yeas > 28
Nays . .. . , 28
Representatives voting in the affirmative are :
Messrs. Baker of Perry, Baker of Weakley, Barksdale, Bayless,
Brazelton, Caldwell, Cowden, Critz, Davidson, Doak, Farley, Fra-
zier, Guy, Harris, Jones, Kennedy, Lockhart, May fie hi, McCabe,
Nail, Pickett, Sheid, Sowell, Trevitt, Vaughn, Williams of Frank¬
lin, Williams of Hickman and Mr. Woods—28.
Those voting in the negative are:
Messrs. Armstrong, Bicknell, Britton, Cheatham, Davis, Dudley,
East, Ford, Gorman, Greene, Havron, Hebb, Hurt, Lea, Martin,
Morris, Morphis, Norman, Porter, Roberts,-Russell, S enter, Smith,
White of Davidson, Whitmore, Williams of Knox, Wisener and
Mr. Woodard—28.
The House then took up Senate message, being Senate Resolu¬
tion No. 1, to provide for the appointment of joint select commit¬
tees ; which was amended by inserting No. 8, in the first blank,
No. 6 in the second, and No. 8 in the third blank.
The resolution as amended was then adopted, and ordered to
b'ef transmitted to the Senate.
The following message was received from the Senate.
Mr. Speaker :
The Senate has adopted Senate Resolution No. 6, to authorize
the Governor to make immediate purchases of subsistence and ra¬
tions, arms, &c., for the State, and the same is herewith trans¬
mitted for the action of the House of Representatives.
' Senate message, being Senate Resolution No. t>, to authorize
the Governor to make immediate purchases of subsistence and
rations, &c., for the State, was taken up.
Mr. Wisener offered the following amendment: Insert the
words "for the defence thereof," after the word "State," in the
ninth line.
On motion of Mr. Cheatham, the amendment was laid upon
the table.
Yeas
Nays
47
12
18
Representatives voting in the affirmative are:
Messrs. Baker of Perry, Baker of Weakley, Barksdale, Bayless,
Bicknell, Brazelton, Caldwell, Cheatham, Cowden, Critz, David¬
son, Davis, Doak, Dudley, Ewing, Farley, Farrelly, Ford, Frazier,
Gantt, Gillespie, Guy, Harris, Hebb, Hurt, Jones, Kennedy, Lea,
Lockhart, Martin, Mayfield, McCabe, Morphis, Nail, Pickett, Por¬
ter, Roberts, Sheid, Smith, Sowell, Trevitt, Vaughn, Whitmore,
Williams of Franklin, Williams of Hickman and Mr. Woods—47.
Thosp voting in the negative are :
Messrs. Armstrong, Britton, Gorman, Green, Havron, Norman,
Russell, Setter, White of Davidson, Williams of Knox, Wisener
and Mr. Woodard—12.
Mr. Morris was excused from voting by the House.
The resolution was then adopted.
Yeas 51
Nays 7
Representatives voting in the affirmative are :
Messrs. Baker of Perry, Baker of Weakley, Barksdale, Bayless,
Bicknell, Brazelton, Caldwell, Cheatham, Cowden, Critz, David¬
son, Davis, Doak, Dudley, East, Ewing, Farley, Farrelly, Ford,
Frazier, Gantt, Gillespie, Gorman, Guy, Harris, Havron, Hurt,
Jones, Kennedy, Lea, Lockhart, Martin, Mayfield, McCabe, Mor¬
phis, Nail, Pickett, Porter, Roberts, Russell, Sheid, Smith, Sowell,
Trevitt, Vaughn, White of Davidson, Whitmore, Williams of
Hickman, Woods and Mr. Woodard—51.
Those voting in the negative are :
Messrs. Armstrong, Britton, Greene, Norman, Senter, Williams
©f Knox and Mr. Wisener—7.
Mr. Morris was excused by the House from voting.
The following protest was read and ordered to be spread upon
the Journal:
We protest against the resolution and vote thereon which has
just passed, because we are unwilling to give unlimited power to
the Governor to arm and equip troops, without authority of law,
to go wherever he may send them.
We are willing to vote any amount of men and money to de¬
fend the State against hostile invasion or aggression, and ask to
have this, our protest, spread upon the Journal.
WM. H. WISENER,
R. H.ARMSTRONG,
JOHN NORMAN,
D. W. C. SENTER,
JOHN WILLIAMS,
A L. GREEN.
April 26, 1861.
19
Mr. Ewing offered House Resolution No. 7, as follows:
Resolved by the General Assembly of the State of Tennessee,
That in view of the dearth of the past two years, and the proba¬
ble extraordinary demand for cereal and forage, to supply the ab¬
solute wants of our State and of the entire South, that the agri¬
culturists of this State be, and they are hereby requested to devote
the entire breadth of arable land in this State to the culture of
grain and grasses.
The rules were suspended, and the resolution was adopted; and,
On motion of Mr. Woods, the secrecy was removed, and copies
of the resolution were ordered to be furnished to the press.
The resolution was ordered to be transmitted to the Senate.
The following message was received from the "Senate :
- Mr. Speaker :
The Senate has adopted Senate Resolution No, 8, to allow the
members and officers of the General Assembly to draw their
mileage and per diem, and the same is herewith transmitted to
the House of Representatives for its action thereon.
The House took up Senate message, being Senate Resolution
No. 8, to allow members and officers of the General Assembly to
draw their mileage and per diem;
Which was adopted, and ordered to be transmitted to the
Senate,
The House took up House Bill No. 1, to raise, organize, and
equip a provisional force, and for other purposes.
Mr. Norman moved the reference of the bill to a special com¬
mittee.
Which, on motion of Mr. Sheid, was laid upon the table.
The bill then passed ^ts second reading.
Mr. Farrelly introduced House Bill No. 4, to more effectually
arm the citizens of Tennessee, and to protect their persons and
property; which was read a first time and passed.
Mr. Shrewsbury appeared and took his seat.
Mr. Whitmore presented a petition, numerously signed by citi¬
zens pf Fayette and Tipton counties, on the subject of arming
and equipping the State; which was read and referred to the
Committee on Military Affairs.
Mr. Lockhart, from the Committee on Enrolled Bills, reported
that they had examined House Bill No. 7, and found it correctly
engrossed.
Mr, Brazelton moved the reference of House Bill No. 5, to a
special committee of five ; which was agreed to, and the Speaker
appointed as said committee Messrs. Gantt, Bicknell, Vaughn,
Cheatham and Cowden.
Mr. Wisener moved to instruct the committee to recommend
20
tliat all officers of the line should be elected by the volunteers of
the respective divisions, brigades and "regiments.
Mr. Gantt moved to lay the motion to instruct upon the table.
Mr. Williams of Knox demanded the ayes and noes ; which
were had and resulted—
Yeas • • 46
Nays 14'
Representatives voting in the affirmative are :
Messrs. Baker of Perry, Baker of Weakley, Barksdale, Bayless,
Bicknell, Brazelton, Cheatham, Oowden, Critz, Davidson., Davis,
Doak, Dudley, East, Evving, Farley, Fairelly, Ford. Frazier, Gautt,
Guy, Harris, Ilebb, Hurt, Jones, Kennedy, Lea, Lockhart, Martin,
Mayfield, McCabe, Nail, Pickett, Porter, Roberts, Sheid, Shrews¬
bury, Smith, Sovvell, Trevitt, Vaughn, White of Davidson, Whit-
more, Williams of Franklin, Williams of Hickman and Mr.
Woods—46.
Those voting in the negative are:
Messrs. Armstrong, Britton, Gillespie, Gorman, Greene, Hnvron,
Kincaid of Claiborne, Morris, Norman, Kussell, Senter, Williams
of Knox, Wisener and Mr. Woodard—14.
On motion of Mr. Gar.tt, the Special Committee to whom was
referred House Bill No. 1, were allowed the privilege of using,
their discretion in admitting the Military Board to their delibef^
tions under the rules of secrecy.
Mr. Cheatham asked to be excused from serving on said Com¬
mittee ; which was granted, and Mr. Lockhart was appointed in
his place.
On motion of Mr. Lea, the Governor, Comptroller, Secretary
of State and Treasurer, were permitted to attend the deliberations
of this body.
The following message was received from the Senate:
Mr. Speaker :
The Seriate has adopted Senate Resolution No 9, to provide
for the organization of a Military. Board, and an Adjutant Gene¬
ral s, Quartermaster's, Commissary's and Paymaster's Depart¬
ments, and the same is herewith transmitted for the action of the
House of Representatives.
The Speaker appointed the following Committees on the part
of the House, in pursuance ot the joint resolution :
Committee on Federal Relations.—Messrs. Caldwell, Vaughn,
Dudley, Baker of Perry, Porter, Williams of Hickman, East and
Farley.
Committee on Military A fairs.—Messrs. Gantt, Havron, Fat-'
relly, Hurt, Mayfield and Ewing.
21
Committee on Wtys and Mycins.—-Messrs. Lea, Wisener, Whit-
more, Barksdale, Davis, Harris, Doak and Guy.
The House took up House Bill No. 3, providing for the calling
of a State Convention.
Mr. Baker of Perry offered the following amendment:
Strike out the words secession or no secession, and insert, for
the South or against the South.
When, on motion of Mr. Lea the bill and amendments Were
referred to the Committee on Federal Relations, and also House
Bill No. 2
The Special Committee to whom were referred House Resolution
No. 5, reported resolutions in lieu, as follows:
Resolved by the General Assembly of the State of Tennessee, That
the refusal of the Governor of this State to furnish troops in com¬
pliance with the call of Abraham Lincoln, meets the cordial ap
proval of this body, and reflects the will of the people of the
State.
Resolved further, That the people of Tennessee will resist, with
all the!r power and to the last extremity, any attempt on the part
of the Government at Washington to invade or subjugate the
Southern States.
Mr. Havron moved to amend by inserting the words " we be¬
lieve " after the word '' and" in the last line of the first resolution.
mf. Williams' of Knox moved to strike out " Southern States "
afid insert " State of Tennessee," in the last resolution.
Whereupon. Mr. Lea demanded the previous question ; which
was sustained.
Yeas -47
Nays 13
Representatives voting in the affirmative are:
Messrs. Baker of Perry, Baker of Weakley, Bayless, Barksdale,
Bicknell, Brazelton, Cheatham, Caldwell, Cowden, Critz, David¬
son, Davis, Dudley, East, Ewing, Farley, Farrelly, Ford, Frazier,
Gantt, Gillespie, Guy, Harris, Hurt, Jones, Kennedy, Kincaid of
Anderson, Lea, Lock hart, Martin, Mayffeld, McCabe, Mo r phis,
Nail, Pickett. Porter, Roberts, Sheid, Smith, Sowell, Trevitt,
Vaughn, Whitmore, Williams of Franklin, Williams of Hickman,
Woods and Mr. Woodard—-47
Those voting in the negative are :
Messrs. Armstrong, Britton, Gorman, Greene, Havron. Morris,
Norman, Russell, Senter, Shrewsbury, White of Davidson, Wil¬
liams of Knox and Mr. Wisener—13.
Mr. Armstrong demanded a division of the question on the
adoption of the resolution in lieu.
The Speaker ruled that,-under the operations of the previous
question, the motion was not in order.
22
The resolution was then adopted.
Y eas
Nays
52
6
Representatives voting in the affirmative are :
Messrs. Baker of Perry, Baker of W eakley, Bayless, Barksdale,
Bicknell, Brazelton, Cheatham, Caldwell, Cowden, Critz, David¬
son, .Davis, Dudley, East, Evving, Farley, Farrelly, Ford, Frazier,
Gantt, Gillespie, Gorman, Guy, Harris, Hurt, Jones, Kennedy,
Lea, Lockhart, Martin, Mayfield, McCabe, Morris, Morphis, Nail,
Norman, Pickett, Porter, Roberts, Russell, Sheid, Shrewsbury,
Smith, Sowell, Trevitt, Vaughn, White of Davidson, Whitmore,
Williams of Franklin, Williams of Hickman, Woods and Mr.
Woodard—52.
Those voting in the negative are :
Messrs. Armstrong, Havron, Kincaid of Claiborne, Senter, Wil¬
liams of Knox and Mr. Wisener—6,
The following protest was ordered to be spread upon the Jour¬
nal of the House:
We protest against the passage of the resolutions of the Com¬
mittee, No. —, not because we believe, or because we think the
people of Tennessee believe the action of the Executive of Ten¬
nessee, in refusing to respond to the call of Mr. Lincoln to fur¬
nish troops, &c., was, under the circumstances, wrong; but be¬
cause we believe the second resolution places .Tennessee in the
attitude of desiring to transfer the scene of war, should war come
between the sections, to the soil of Tennessee. We avow our¬
selves, and we believe the people of Tennessee are willing and
able to resist to the last extremity, any attempt on the part of the
North to invade and subjugate the State of Tennessee.
April 26, 1861.
On motion of Mr. Baker of Perry, the House adjourned until
to-morrow morning at 10 o'clock.
WM. H. WISENER,
R H. ARMSTRONG,
J NO. W. KINCAID,
JAS. S. HAVRON,
JOHN WILLIAMS.
23
SATURDAY MORNING, APRIL 27, 1861.
The House met pursuant to adjournment.
Mr. Martin, of Wilson, in the Chair,
Prayer by the Rev. J. B. McFerrin.
The Journal of yesterday was read and approved.
Mr. Vaughn presented a petition from sundry citizens of Mon¬
roe county, on the subject of the stay law, for the benefit of
enlisted men ; which was read and laid on the table.
Mr. Davis presented resolutions adopted by citizens ol Wilson
county, expressing strong southern views; which was read and
ordered to be transmitted to the Senate.
Mr. Hurt offered House Resolution, No. 8, as follows:
Resolved by the House of Representatives of Tennessee General
Assembly, That the Reporters for newspapers of this city, be per¬
mitted to report the proceedings of this House during secret ses¬
sions, who shall first take an oath not to divulge the same until
ordered by the House ; which lies over under the rule one day.
Messrs. Kenner and Richardson appeared and took their seats.
The House took up House Bill, No. 1, an act to raise, organize
and equip a provisional torce, and for other purposes.
Mr. Pickett moved that the officers and members of the House
take an oath ol secrecy regarding the business of the House ;
which motion was lost.
On motion of Mr. Wisener, the House then went into Commit¬
tee of the Whole, (Mr. Wisener in the Chair,) for the purpose of
perfecting House Bill, No. 1.
At one o'clock, the committee rose, reported progress, and asked
and obtained leave to sit again.
On motion of Mr. Jones, the House adjourned until 3 o'clock,
P. M.
AFTERNOON SESSION.
On motion, the House went into Committee of the Whole, (Mr.
Martin in the Chair,) and resumed consideration of House Bill,
No. l.
24
At four o'clock, the committee rose, Mr. Speaker Whitthorne in
the Chair, and the chairmafi reported that various amendments
had been adopted to the bill, and obtained leave to sit again.
The following message was received from the Senate :
Mr. Speaker:
The Senate has adopted Senate Resolution, No. 10, to authorize
the Governor to organize the regiments and companies tendered
him, and hold them in readiness for service ; and Senate Resolu¬
tion, No. 12, to proGde for stationing guards at railroad bridges
in this State ; and the same are herewith transmitted for the con¬
sideration of the House of Representatives.
, The Senate has had under consideration, House Resolution,
No. 7, recommending agriculturists to devote their lands to the
culture of grain and grasses, and have laid the same on the table.
1 am directed to transmit for the signature of the Speaker of
the House of Representatives, enrolled resolution to allow mem¬
bers and officers of the General Assembly to draw their per diem
and mileage, and the same is herewith transmitted.
The Senate has concurred in House Resolution, No. 5, approv¬
ing the action of the Governor in refusing troops to Abraham
Lincoln, and the same is herewith returned to the House of Rep¬
resentatives for enrolment.
On motion of Mr. Williams of Hickman, the House took'-tip
Senate Messages.'
Senate Message, being Senate Resolution, No. 10, to authorize
the Governor to organize the regiments and companies tendered
him, and hold them in readiness for marching; and Senate Reso¬
lution, No. 12, providing for stationing guards at railroad bridges
in. this State, were concurred in by the House.
On motion of Mr. Williams of Hickman, the House went into
Committee of the Whole, Mr. Martin in the Chair,, and resumed
consideration of House Bill, No. 1.
At five o'clock the committee rose, and the chairman reported
House Bili, No 1, an act to raise, organize and equip a provisional
force, and for other purposes.
Mr. Shrewsbury moved to amend the 8th section by inserting,
"in denominations of not less than one hundred, nor greater than
one thousandv^hich was adopted.
Mr East moved to amend the 10th section by inserting:
" And individuals owning said bonds, having purchased the
same previously of the State, shall hold the same free from taxa¬
tion, either State, county, or otherwise which was adopted.
Mr. Hurt moved to amend the 13th section by adding:
" And that the County Court be authorized to issue county scrip,
anticipating the tax necessary in effecting the objects of this
section," which was adopted.
25
Mr. Martin moved to amend the 13th section, as follows :
" Provided, That for collecting said tax, the revenue collector
shall receive no compensation, and the same shall be paid by him
under the order of the County Court, to the persons to whom the
same may be appropriatedwhich amendment was adopted.
Mr. East moved to amend the 14th section, by inserting after
the word " to," in the second line, the words " procure a warrant
from some justice of the peace;" and,
Alter the words "appoint and raise," insert the words " semi¬
annually;" which was adopted.
Mr. East moved to amend the 15th section by adding "and
other civil process which was adopted.
Mr. Porter moved to amend the 21st section by striking out thq,
words " except fuel and quarters," which was adopted.
The biil, as amended, then passed its third reading ; and,
On motion of Mr. Gantt, was referred to a special committee of
five, and made the order for half-past ten o'clock on Monday next.
The Speaker appointed Messrs. Gantt, Porter, Caldwell, Martin
and Farley the Special Committee.
On motion of Mr. Gantt, the use of the Hall of the House was
tendered to Hon. II. W. Milliard, of Alabama, Col. Pope, ol South
Carolina, and Hon. W. P. Martin, of Tennessee, for the purpose
of delivering public addresses this evening
Mr. Lockhart, from the Committee on Enrolled Bills, reported
that he had examined House Resolution No. 5, and found it cor¬
rectly engrossed.
On motion, the House then adjourned until Monday morning,
10 o'clock.
MONDAY MORNING, APRIL 29, 1861.
The House met pursuant to adjournment.
Mr. Speaker Whitthome in the Chair.
Prayer by the Rev. Dr. Somers.
The Journal of Saturday was read and approved.
On motion of Mr. Farrelly, the House took up House Bill No.
4, more effectually to arm the citizens of Tennessee, and to pro¬
tect their persons and property ; which passed second reading and
was referred to the Military Committee.
26
The House took up Senatfe Message, being Senate Resolution
No, 9, to provide for the organization of a Military Board and
Adjutant Generals, Quarter-master, Commissary and Paymaster's
Department; and,
On motion of Mr. Cheatham, it was referred to Special Military
Committee.
The following message was received from His Excellency, Gov¬
ernor Harris, through the Hon. J. E. R. Ray, Secretary of State:
Executive Department,
Nashville, April 29, 1861.
Gentlemen of the Senate and
Souse of Representatives:
I deem it proper to announce to you the fact that the Hon.
Henry^ Washington Hilliard, of Alabama, who is accredited to
Tennessee by the President of the Confederate States of America,
and charged with the duty of representing the views and policy
of that Government, is now at the Capital, and ready to confer
with the Legislative Department of the State, upon questions of
interest and importance to the State of Tennessee and the Con¬
federate States, at such time as you may see proper to fix upon
for such conference.
Respectfully, ISHAM G. HARRIS.
Mr. Williams of Knox presented a series of resolutions, adopted
by citizens of Knox county; which were read and ordered to be
transmitted to the Senate.
Mr. Brazelton presented resolutions adopted by citizens of Jef¬
ferson county; which were read and ordered to be transmitted to
the Senate.
Mr. Lea introduced House Resolution No. 10, as follows "
Resolved hy the General Assembly of the State of Tennessee,
That a committee of three be appointed upon the part of the
House to co-operate with such committee as the Senate may ap¬
point, who shall, in connection with His Excellency, the Governor,
wait upon and consult with the Hon. H. W. Hilliard in regard to
the subject matter of his mission; and that said committee make
immediate, report to the General Assembly.
On motion, the rules were suspended and the resolution was
adopted.
Yeas .52
Nays 7
Representatives voting in the affirmative are :
Messrs. Baker of Perry, Baker of Weakley, Barksdale, Bay-
less, BickneJl, Bledsoe, Cheatham, Cowden, Critz, Davidson, Davis,
Doak, Dudley, East, Farrelly, Ford, Frazier, Gorman, Guy, Hav-
27
ron, Hebb, Hurt, Ingram, Jones, Kennedy, Kenner, Kincaid of
Anderson, Kincaid of Claiborne, Lea, Lockhart, Mayfield, Mc-
Cabe, Morris, Morphis, Nail, Pickett, Richardson, Roberts, Russell,
Sheid, Shrewsbury, Smith, Sowell, Trevitt, Vaughn, White of Da¬
vidson, Whitmore, Williams of Hickman, Williamson, Woods,
Woodard and Mr. Speaker Whitthorne—52.
Those voting in the negative are:
Messrs. Armstrong, Butler, Greene, Johnson, Norman, Senter
and Mr. Williams of Knox—7.
The resolution was ordered to be transmitted to the Senate,
and the Speaker appointed Messrs. Lea, Davis and Porter as the
committee it named.
The Committee on Enrolled Bills made the following report:
The Committee on Enrolled Bills have examined House Reso¬
lution No. 10, and find it correctly engrossed.
Respectfully submitted.
W. N. BAKER, Chairman pro tem.
On motion of Mr. Morphis, the House adjourned till 2 o'clock,
P. M.
AFTERNOON SESSION.
The House met pursuant to adjournment.
The following message was received from the Senate:
Mr. Speaker:
The Senate has concurred in House Resolution No. 10, to ap¬
point a joint select committee to wait upon the Hon. H. W. Hil-
liard, Commissioner from the Confederate States of America, and
the Speaker has appointed Messrs. Bumpass, Stanton and Mc-
Clellan, as members of the committee on the part of the Senate.
The Senate has adopted Senate Resolution No. 3, for printing
Hardee's and Scott's Military Tactics for the use of the State, and
the same is herewith transmitted for the action of the House of
Representatives.
I am directed to transmit for the signature of the Speaker of
the House of Representatives, the following Joint Resolutions, viz:
Joint Resolution to provide for stationing guards at railroad
bridges within this State ;
28
Joint resolution to authorize the Governor to organize the regi-
ments and companies tendered him, and hold them in reading!
for service;
Joint resolution to authorize the Governor to make immediate
purchases of subsistence and rations, arms, &c., for the State;
Joint resolution to provide for the raising of Joint Select Com"1;
mittees on Federal Relations, Military Affairs and Ways ajrtfll'
Means;
And the same are herewith transmitted.
I am directed to inform the House of Representatives that the
Senate desires to order the printing of the Governor's Message,
and respectfully asks that the House of Representatives agree to
the printing.
The Senate has ordered that the proceedings connected with
the invitation to the Hon. H. W. Milliard, Commissioner from the
Confederate States of America, to address the General Assembly,
be made public, and ask a concurrence by the House ot Repre¬
sentatives in the order.
Mr. Lea, from the Special Committee appointed to wait upon
Hon. Mr. Milliard, made a verbal report, and submitted the fol¬
lowing resolution, No. 11:
Resolved, That the two Houses of the General Assembly meet
in open Convention on to-morrow at 11 o'clock, for the purpose of
hearing- any communication that the Hon. H. W. Milliard, Com¬
missioner from the Confederate States, may have to make.
Mr. Sheid demanded a call of the House, which was ordered,
and the following Representatives failed to respond, viz:
Messrs. Baker of Perry, Bayless, Beatty, Bennett, Brazelton,
Caldwell, Davidson, Doak, East, Ewing, Farley, Farrelly, Gantf,
Harris, Ingram, iVJ ay field, Trevitt, Trewhitt, Vaughn, White of
Dickson, Whit, mo re, Williams of Franklin and Mr. Wisener—-23.
The rules were suspended, and the resolution was adopted and
ordered to be transmitted to the Senate.
Mr. Jones offered House Resolution No. 12, as follows:
Resolved by the General Assembly of the istate of Tennessee, That
the Adjutant General of the State of Tennessee have the use of
the room in the Capitol building known as the archive room, for
an office, during his necessary attendance here as Adjutant Gen¬
eral. -
On motion, the rules were suspended, and the resolution adop¬
ted and ordered to be transmitted to the Senate.
Mr. Hebb offered House Resolution No. 13, as follows :
Whereas, The people of the State of Maryland are at this time
surrounded by the Black Republicans, and their liberties and
rights taken from them, and their great commercial city of Balti¬
more threatened to be destroyed ; therefore,
Be it resolved by the General Assembly of Tennessee, That the
2ft
Governor be requested .to offer the Governor of Maryland five
regiments of infantry to protect the people from the aggression of
the hordes of Black Republicans.
, Which resolution lies over under the rule.
Mr. Lockhart, from the Committee on Enrolled Bills, reported
as having examined House Resolution No. 5, and found it cor-
J*$Ctly enrolled.
■]., 'Mr. Williams of Hickman called up Senate Message, being
Senate Resolution No. 3, providing for the printing of Hardee's
and Scott's Tactics, for the use of officers of the State.
Mr. Armstrong offered the following amendment: " and to each
of the commissioned officers of the militia of the State."
When, on motion of Mr. Sheid, the resolution and amendment
was referred to the Committee on Military Affairs.
Mr Gantt, from the Special Committee to whom was referred
House Bill No. 1, to raise, equip and organize a provisional force,
ami for other purposes, reported the bill with amendments,to wit:
In lieu of section five the following amendment :
Sec. 5. Be it further enacted, That there shall be organized by
the Governor a Medical Board, consisting of a Surgeon General,
with authority, if the service demands it, to appoint Assistant
SuYgeons, not to exceed two—the members of which Board shall
be nominated by the Governor and confirmed by the General As¬
sembly, and who shall examine all applicants for Surgeon and
Assi stant Surgeons, and certify their qualifications to the Gover¬
nor for commission in said service, and which Board shall dis¬
charge all other duties appertaining to their branch of the service.
Mr. Ewing offered the following amendment to the amendments:
And the said Board are hereby directed, other things being equal,
to recommend from the volunteer forces such regimental surgeon,
and thmr assistants, as the service may require.
Which was adopted, and the amendment, as amended, was
adopted.
• Amendment No. 2, in lieu of section 21, fixing compensation
of officers, &c., was adopted.
Amendment No. 3, to section No. 22, was adopted.
Mr. Wiiiithorne offered amendment No. 4, directory to the
Keeper of Public, Arms, and making an appropriation for the con¬
venience and protection of the State Arsenal ; which was adopted.
Amendment No. 5, to section 26, was adopted.
Amendment No. 6, providing for the appointment of artillery
officers was adopted.
Mr. A.' mstrong offered the following amendment:
Provided, That of the arms and munitions of war purchased
under this act, the Governor shall deposit in suitable armories, in
each grand division of the State, under the control of the Major
30
General of Militia of each division, the quota to which each di¬
vision may be entitled.
Mr. Sheid moved to lay the amendment upon the table.
Mr. Senter demanded the ayes and noes, which were had, and
the amendment was tabled.
Yeas - 43
Nays 25
Representatives voting in the affirmative are:
Messrs. Baker of Perry, Baker of Weakley, Barksdale, Bayless,
Cheatham, Cowden, Critz, Davidson, Davis, Doak, Dudley, East,
Ewing, Farley, Farrelly, Ford, Frazier, Gantt, Guy. Harris, Hav-
ron, Hebb, Ingram, Kennedy, Lea, Lockhart, Martin, Mayfield,
McCabe, Nail, Pickett, Porter, Richardson, Roberts, Sheid, Smith,
Sowell, Trevitt, Vaughn, Whitmore, Williams of Hickman, Woods
and Mr. Speaker Whitthorne—43.
Those voting in the negative are:
Messrs. Armstrong, Bicknell, Bledsoe, Britton, Butler, Caldwell,'
Gillespie, Gorman, Greene, Hurt, Jones, Johnson, Kenner, Kin-
caid of Anderson, Kincaid of Claiborne, Morris, Morphis, Nor¬
man, Russell, Senter, Shrewsbury, White of Davidson, Williams
of Knox, Williamson and Mr. Woodard—25. " '
The following amendment was adopted to section 15 of the bill:
After men, in third line of section 15, add, " whose term of ser¬
vice shall be six months."
The following section was adopted to the bill:
Be it further enacted, That this act shall take effect from and
after its passage.
Mr. Williams of Hickman offered an amendment directing At-
tornies General to enter nolle prosequis against persons for mis¬
demeanors, who are engaged in actual service of the State.
Mr. Havron moved to lay the amendment of Mr. Williams of
Hickman upon the table.
Upon which the ayes and noes were demanded, and the motion
prevailed.
Yeas 44
Nays • *. 21
Representatives voting in the affirmative are:
Messrs. Baker of Perry, Baker of Weakley, Bicknell, Bledsoe,
Britton, Butler, Caldwell, Cheatham, Critz, Davis, Dudley, East,
Ewing, Farley, Farrelly, Frazier, Gillespie, Gorman, Greene, Hav¬
ron, Hurt, Ingram, Johnson, Kenner, Kennedy, Kincaid of Ander¬
son, Kincaid of Claiborne, Mayfield, McCabe, Morphis, Nail, Nor¬
man, Pickett, Porter, Richardson, Russell, Shrewsbury, Smith,
White of Davidson, Whitmore, Williams of Knox, Williamson and
Mr. Woodard—44.
31
Those voting in the negative are :
Messrs. Barksdale, Bayless, Cowden, Davidson, Doak, Ford,
Guy, Harris, Jones, Lea, Lockhart, Martin, Roberts, Senter, Sheid,
Sowell, Trevitt, Vaughn, Williams of Hickman, Woods and Mr.
Speaker Whitthorne—21.
Mr. Johnson offered the following amendment:
Be it further enacted, That the volunteers authorized to be
called out by this act, shall in no event be ordered out of the
limits of the State, but shall only be used to repel invasions of
this State.
Which, on motion, was laid upon the table.
Yeas 51
Nays - 14
Representatives voting in the affirmative are :
Messrs. Baker of Perry, Baker of Weakley, Barksdale, Bayless,
Bicknell, Bledsoe, Caldwell, Cheatham, Cowden, Critz, Davidson,
Davis, Doak, Dudley, East, Ewing, Farley, Farrelly, Ford, Fra-
zier, Gantt, Guy, Harris, Havron, Hebb, Hurt, Ingram, Jones,
Kennedy, Lea, Lockhart, Martin, Mayfield, McCabe, Morris, Nail,
Porter, Richardson, Roberts, Sheid, Shrewsbury, Smith, Sowell,
Trevitt, Vaughn, White of Davidson, Whitmore, Williams of
Hickman, Williamson, Woods and Mr. Speaker Whitthorne—51.
Those voting in the negative are :
Messrs. Armstrong, Britton, Butler, Greene, Johnson, Kenner,
Kincaid of Anderson, Kincaid of Claiborne, Morphis, Norman,
Russell, Senter, Williams of Knox and Mr. Woodard—14.
Mr. East offered the following amendment:
All persons against whom indictments or presentments for mis¬
demeanors may be pending, and who have enlisted under this act
in the service of the State, the same may be dismissed, in the dis¬
cretion of the judge before whom the same is pending, as well as
forfeitures against the defendant and his sureties; which was
adopted.
Mr. Williamson offered an amendment authorizing all incor¬
porate towns to borrow money or issue bonds, to secure the de¬
fence of said towns ; which was adopted.
Mr. Williamson offered the following amendment to section 15:
And that the Count}' Court be authorized to issue county bonds
or scrip, for the purpose of raising money immediately, to meet
the expenses contemplated by this section ; which was adopted.
Mr. Farrelly demanded the previous question; which was sus¬
tained.
A motion to reconsider the vote sustaining the call for the pre¬
vious question, failed.
The bill, as amended, then passed its third reading.
32
Yeas 52
A ays 15
Representatives voting in the affirmative are :
Messrs. Pe.ker of Ferry, Baker of Weakley, Bark, i' ih , Baylr s,
Bicknell, Cheatham, Cowden, Critz, Davidson, Davis, Doak Dud¬
ley, East, Ewing, Farley, Farrelly, Ford, Frazier, Gantt, Gillespie,
Guy, Harris, Havron, Hebb, Hurt, Ingram, Ivenner, Kennedy,
Lea, Lockhart, Martin, Mayfield, McCabe, Morphis, Nail, Pickett,
Pcrter, Richardson, Roberts, Russell, Sheid, Shrewsbury, Smith,
Sowell, Trevitt. Vaughn, While of Davidson, Whitmore, Williams
of Hickman, Williamson, Woods and Mr. Speaker Wliittborne
—52.
Those voting in the negative are :
Messrs. Armstrong, Bledsoe, Britton, Butler, Caldwell. Gorman,
Greene, Jones, Johnson, Kincaid of Anderson. Kincaid of Clai¬
borne, Mortis, Senter, Williams of Knox and Mr. Woodard—15.
Mr. Norman was excused by the House from voting.
The bill was ordered to be transmitted to the Senate.
Mr. Jones asked to have the following protest spread upon the
Journal:
PROTEST.
The undersigned voted against House Bill No. 1, because he
believed it contained an unconstitutional provision, exempting the
property of enlisted soldiers from execution. He is in fayor of
exempting their property if he could do it and npt violate the Con¬
stitution of Tennessee. He also believes the salaries of the offi¬
cers to be too large.
He also thinks the section authorizing the arrest of suspected
persons, might be arbitrarily used in the high excitement, to in¬
jure and oppress good citizens.
He is in lavor, and was desirous, to have voted in the affirma¬
tive lor all the remaining provisions of the bill; but by the de¬
mand and sustaining of the previous question by the House, and
then a division ot the question being ruled out of order, lie had to
vote affirmatively for the bill as a whole, or against it. lie asks
that this protest be spread on the Journal.
WM. E. B. JONES.
Mr. Williamson offered House Resolution No. 14, as follows:
Whekeas, The citizens of Columbus, Ky., have asked aid from
the citizens of Tennessee in protecting their town from unauthor¬
ized aou illegal attack from any quarter; therefore,
R(solved by the General Assembly of the State of Tennessee,
That His Excellency, the Governor, I. G. Harris, be requested to
afford such aid, in such manner, and at such time, as. he may
deem proper, and to use all proper efforts to make that aid effec-
33
tual to the protection of Columbus and West Tennessee, from all
such unauthorized and illegal attacks or invasions which, under
the rule, lies over one day.
Mr. Lockhart, from the Committee on Enrolled Bills, made the
following report :
Committee on Enrolled Bills have examined House Resolutions,
Nos. 11 and 12, andjfind them correctly engrossed.
, ' On motion, the House concurred in the Senate's request, to
make public the proceedings in connection, with the invitation of
the Hon. H. W. Hilliard to address the two Houses of the Legis¬
lature to-morrow.
On motion, the House concurred in Senate's request for the
publication of the Governor's Message.
Mr. Martin moved that 5,000 c6pies of the message be printed
for the use of the House.
Upon which motion, the ayes and noes were demanded by Mr.
Ford ; the motion to print prevailed.
Yeas 33
Nays* • • 28
Representatives voting in the affirmative are :
Messrs. Baker of Perry, Baker of Weakley, Barksdale, Bayless,
Cheatham, Cowden, Orilz, Davidson, Davis, Dudley, Farley, Far-
relly, Frazier, Guy, Harris, Ingram, Kennedy, Lea, Lockhart, Mar¬
tin, Nail, Pickett, Porter, Roberts, Sheid, Smith, So well, Trevitt,
Vaughn, Whit more, Williams of Hickman, Woods and Mr. Speak¬
er Whitthorne—33
Those voting in the negative are:
Messrs. Armstrong, Bicknsli, Bledsoe, Butler, Caldwell, East,
Ewing, Ford, Gantt, Gillespie, Gorman, Havron, Ilebb, Hurt,
Jones, Johnson, Kenner, Kincaid of Anderson, May field, Morris,
Morphis, Norman, Russell, Senter, Shrewsbury, White of David¬
son, Williams of Knox and Mr. Woodard—28.
On motion of Mr. Morphis, the House adjourned until to-mor¬
row morning, 10 o'clock.
TUESDAY MORNING, APRIL 30, 1861.
The House met pursuant to adjournment.
Mr. Speaker Whitthorne in the Chair.
3 H
34
The Journal of yesterday was read and approved.
Mr. Caldwell obtained leave to change his vote to the affirma¬
tive on House Bill No. 1, to arm, equip, and organize a provis¬
ional force.
Mr. "Wisener obtained leave to record his vote in the affirma¬
tive on Mr. Johnson's amendment to House Bill No. 1, to arm,
equip, and organize a provisional force, and in the negative on
the final passage of the bill.
Mr. Winner offered House Resolution No. 15, as follows:
Rtsolved, That the Committee on Military Affairs he instructed
to prepare and report a bill to raise, arm, and equip twenlj thou¬
sand volunteers, to be used in defence of the State against hos¬
tile invasion or aggression, securing to the volunteers the election
of their general, held and company officers, and making suitable
provision for the families of such volunteers as may be in needy
circumstances during the absence of such volunteers.
Which resolution, under the rules, lies over one day.
Mr Harris offered House Resolution No. 16, as follows:
Whereas, fears are entertained bv loyal and patriotic citizens
of Tennessee that this General Assembly will endeavor to declare
this State out of the Union without submitting the question to the
people ; therefore,
Be it resolved by the General Assembly of the State of Tennessee,
That if this Assembly take any action tending to a separation
from the Federal Government, it shall be fairly submitted to the
people for ratification or rejection.
The resolution, under the rule, lies over one day. Mr. Ken¬
nedy presented a petition from numerous citizens of Giles county
favoring immediate secession and union with the Southern States;
which was read and ordered to be transmitted to ihe Senate.
Mr. East presented a communication from W. W. Searcy;
which was read and referred to the Military Committee.
Mr. Green presented a preamble and resolutions, adopted by a
portion of the citizens of Roane county, against secession, and
for a convention of the border States, and complimentary to
Major Anderson for his (gallant) defence of Fort Sumter; which
was read and ordered to be transmitted to the Seriate.
Mr. Brazelton obtained leave to record his vote in the affirma¬
tive on the passage of House Bill No. 1, to arm, equip, and or¬
ganize a provisional force, with the privilege of recording bis ob¬
jections to certain provisions of the bill.
On motion of Mr. Cheatham, the House took a recess of ten
minutes, preparatory to meeting the Senate in joint convention,
to hear the address of Hon. H. W. HiJIiard, commissioner for the
Southern States, and the doorkeeper was ordered to open the
doors of the galleries of the House to the public.
The Speaker called the House to order.
35
The Senate appeared, and were invited to seats within the
Hall of the House.
Mr. Speaker Newman called the convention to order, and di¬
rected the reading of the resolution convening the two Houses in
convention.
Hon. H. W. Hilliard, commissioner accredited from the Confed¬
erate States, appeared and was introduced to the convention by
the Hon. T. W. Newman.
After the conclusion of the address of the Hon. H. W. Hilliard,
the President announced the purposes for which the convention
assembled accomplished, and the Senate retired to its chamber.
Mr. Speaker Whtthorne called the House to order.
On motion of Mr. Cheatham, the House adjourned till 2 o'clock
P. M.
AFTERNOON SESSION.
Mr. Lockhart, from the Committee on Enrolled Bills, made the .
following report:
The Committee on Enrolled Bills have examined and com¬
pared House Bill No. 1, a bill to raise and equip a provisional,
force, &c., and find it correctly engrossed
H. C. LOCKHART, Chairman.
Mr. Bledsoe presented the following protest; which was order¬
ed to be spread upon the Journal:
The undersigned, claiming to be a true and loyal son of the
South, and one who is willing to expend any amount of blood
and treasure that may be necessary to defend Southern rights
against Northern agressions, asks leave to present the following as
his reasons for voting against House Bill No. 1, and asks that the
same be entered on the Journals as his protest against the pas¬
sage of said bill:
First. The bill appropriates a larger amount of money than
the people of Tennessee are able to pay.
Second. There is too much pay allowed the officers in propor¬
tion to that allowed the privates,
Third. There is too much power and patronage placed in the
hands of the Governor.
36
Fourth. That a part of the bill which relates to the collection
of debts is contrary to the Constitution of the State of Tennessee,
which I have sworn to support.
R. H. BLEDSOE.
Mr. Vaughn introduced House Bill No. 5, to prevent the collec¬
tion of debts owed by citizens of Tennessee to citizens of the non-
slaveholding States during hostilities; which passed first reading.
House Resolution No. 6, approbatory of the Governor for refu¬
sing to comply with the requisition of Lincoln for two regiments
of volunteers from Tennessee, lying over under the rule, was
taken up.
Mr. Lee moved its reference to the Committee on Federal Re¬
lations.
The ayes and noes were demanded, and the motion prevailed.
Yeas 40
Nays 17
Representatives voting in the affirmative are :
Messrs. Armstrong, Baker of Weakley, Bicknell, Bledsoe, Braz-
elton, Caldwell, Cheatham, Dudley, East, Evving, Farley, Gilles¬
pie, Greene, Guy, Harris, Havron, Hebb, Hurt, Jones, Kincaid of
Claiborne, Lea, Martin, Mayfield, McCabe, Morris, Morphis, Nail,
Norman, Porter, Richardson, Senter, Shrewsbury, Smith, Sowell,
White of Davidson, Williamson, Wisener, Woods, Woodard and
Mr. Speaker Whitthorne—40.
Those voting in the negative are:
Messrs. Baker of Perry, Barksdale, Cowden, Critz, Davidson,
Farrelly, Frazier, Gorman, Ingram, Johnson, Kennedy, Lockhart,
Roberts, Russell, Sheid, Vaughn and Mr. Williams of Hick¬
man—17.
House Resolution No. 8, relative to newspaper reporters, was
rejected.
House Resolutions Nos. 13 and 14 were referred to the Com¬
mittee on Military Affairs.
Mr. Johnson offered House Resolution No. 17, as follows:
Resolved, The Senate concurring, That the General Assembly
adjourn sine die Saturday, 4th day of May, at 12 o'clock, M.
Which resolution lies over under the rule.
On motion of Mr. Vaughn, the House took a recess for twenty
minutes, having dispatched all the business before it.
The Speaker called the House to order.
On motion of Mr. Baker of Perry, the House adjourned until
to-morrow morning, 10 o'clock.
37
WEDNESDAY MORNING, MAY I, 1861.
The House met pursuant to adjournment.
In the absence of the regular Speaker,
On motion of Mr. Cheatham, Mr. Sheid of the county of_Coffee,
took the Speaker's Chair.
The Journal of yesterday was read and approved.
Messrs. Bayless, Ford, and Whit more obtained leave to record
their vote in the affirmative and Mr. Britton in the negative, on
the motion to refer House Resolution No. 6 to Committee on
Federal Relations.
Mr. Davis introduced House Bill No. 6 to defray the expenses
of the General Assembly of the State of Tennessee, passed first
reading.
Mr. Farrelly introduced House Bdl No. 7, repealing section 96
of the militia law of Tennessee, passed first reading.
Mr. Gantt offered House Resolution No. 18, as follows :
Resolved by the General Assembly of the State of Tennessee, That
the State of Tennessee adopt the purchase of ninety-four Colt's
repeating rifles, made by Company A, of the Rock City Guards of
Nashville, in the city of New Orleans, at the price of $50 each ;
that they constitute part of the public arms, and that the Gover¬
nor be directed to pay for the same out of any monies in the
treasury, and take control of them as the property of the State.
On motion, the rules were suspended, and,
On motion of Mr. Hurt, the consideration of the resolution was
postponed until to-morrow.
Mr. Lockhart offered House Resolution No. 19, as follows:
Resolved, That in order to reduce the expenses of this session
of the General Assembly, and lighten as much as possible the
burdens of taxation upon the people of this State, that the Com¬
mute on Finance be instructed to examine into and regulate as
near as possible, the mileage of members of this General Assem¬
bly, according to the spirit of the constitution, allowing each mem¬
ber mileage according to the nearest and most direct route from
their homes to the capitol; which resolution, under the rule, lies
over one day.
The following message was received from the Senate :
Mr. Speaker
The Senate has adopted the following resolutions, and they are
herewilh transmitted for the action of the House of Representa¬
tives, viz:
38
Senate Resolution No. 14, to appoint a Joint Select Committee
to prepare an address to the people of Tennessee.
Senate Resolution No. 16, requesting his Excellency, the Gover¬
nor, to open a correspondence with the Governor of Illinois by
telegraph.
Senate Resolution No. 17, to authorize Taz. W. Newman to.,
make arrangements with the authorities of the Confederate States
of America for rifles.
The Senate has passed on third reading, Senate Bill No. 1, to
submit to a vote of the people, a declaration of the State of Ten¬
nessee, and to call a convention of the State, and the same is
herewith transmitted for the action of the House of Representa¬
tives.
The Speaker of the Senate has signed the following enrolled
joint resolutions, and the same have been deposited in the office
of the Secretary of State, viz :
Joint resolution approving the action of the Governor in refus¬
ing troops to Abraham Lincoln.
Joint resolution providing, for stationing guards at railroad
bridges in this State.
Joint resolution to authorize the Governor to organize the regi¬
ments and companies tendered him, and hold them in readiness
for service.
Joint resolution to authorize the Governor to make immediate
purchases of subsistence and rations, arms, &c., for the State.
Joint resolution providing for raising Joint Committees on Fed¬
eral Relations, Mi itary Affairs, and Ways and Means.
The Senate has adopted Senate Resolution No. 18, to appoint
Commissioners from the State of Tennessee to,enter into a mili¬
tary league with the Confederate States of America; and Senate
Resolution No. 19, to request of the Hon. H. W. Billiard, Com¬
missioner from the Confederate States to the State of Tennessee,
a copy of his address for publication; and the same are herewith
transmitted for the action of the House of Representatives.
Mr. Baker of Perry offered House Resolution No. 20, as follows:
Resolved by the General Assembly of the State of Tennessee, That
we tender the use of the Hall to the Hon. Taz. W. Newman,*
Speaker of the Senate, to deliver an address to-day, 1st of May,
at such time as may suit his copvenience.
On motion, the rules were suspended, the resolution adopted,
and ordered to be transmitted to the Senate.
Mr. Cheatham called up Senate Messages, being Senate Reso¬
lution No. 14, to appoint a Joint Select Committee to prepare an
address to the people of Tennessee.
On motion, the blank in the resolution was filled by inserting
te eight," and then the House concurred.
39
Yeas 47
Nays 19
Representatives voting in the affirmative are:
Messrs. Armstrong, Baker of Perry, Baker of Weakley, Barks-
dale, Bayless, Bicknell, Bledsoe, Brazelton, Cheatham, Cowden,
Critz, Davidson, Davis, Dudley, Ewing, Farley, Farrelly, Ford,
'Frazier, Gantt, Guy, Harris, Hebb, Hurt, Ingram, Jones, Ken¬
nedy, Lea, Lockhart, Martin, Mayfield, McCabe, Nail, Pickett,
Porter, Richardson, Roberts, Sheid. Smith, Sowell, Trevitt, Vaughn,
White of Davidson, Whitmore, Williams of Hickman, Woods and
Mr Speaker Whitthorne—47.
Those voting in the negative are :
Messrs. Britton, Butler, Caldwell, Gorman, Greene, Havron, 1
Johnson, Kenner, Ivincaid of Anderson, Kincaid of Claiborne,
Morris, Morphis, Norman, Russell, Senter, Shrewsbury, Williams
of Knox, Wisener and Mr. Wooctakd^-19.
The resolution was ordered to be transmitted to the Senate.
Senate Resolution, No. 16, directory to Gov. Harris, was
adopted, and ordered to be transrriittfed to the Senate.
Messrs. Russell and Caldwell presented a protest, which was
ordered to be spread upon the Journal:
The undersigned voted in favor of the passage of House Bill,
No.. 1, believing it to be our duty in this fearful crisis, to prepare
the State for defending its citizens against invasion. But we do
protest against the following provisions of said bill:
First. The number of men called into active service is too great,
imposing a heavy burden of taxes upon the people.
Second. The pay allowed officers is too great, being more than
is justified by the pay of the soldiery, or the ability of the State.
Third. The bill lodges too much power in the hands of the Gov¬
ernor, allowing him to appoint Major and Brigadier Generals, who
should have been elected by the volunteers.
Fourth. The bill permits the Banks to use Bonds of the State
as specie funds, and issue upon them. This, in our opinion, tends
to bankruptcy and repudiation.
Fifth. We regard the appointment of Vigilance Committees as
liable to great abuse, and tending to produce anarchy and confu¬
sion, and introduce a reign of terror.
Sixth. We regard the exemption of property of certain citizens
from seizure by civil process, as violative of the Constitution of
Tennessee, an instrument which we all, in former times, respected
as the rule of our legislative action.
We ask this, our protest, to be spread upon the Journal.
W. M. RUSSELL,
H. CALDWELL.
Senate Resolution No. 17, to authorize Taz. W. Newman to
40
make arrangements with the authorities of the Confederate States
of America for rifles, was, on motion, laid upon the table.
Representatives voting in the affirmative are :
Messrs. Armstrong, Baker of Perry, Baker of Weakley, Barks-
dale, Bayless, Bicknell. Bledsoe, Brazelton, Britton, Butler,Caldwell,
Cheatham, Critz. Davidson, Davis, Dudley, East, Ewing, Farley,
Farrelly, Ford, Frazier, Gillespie, Gorman, Greene, Guy, Havron,
Hurt, Ingram, Johnson, Kenner, Kennedy, Kincaid of Anderson,
Kincaid of Claiborne, Martin, Mayfield, McCabe, Morris, Mor-
phis, Kail, Norman, Porter, Richardson, Russell, Senter, Shrews¬
bury, Smith. Trevitt, White of Davidson, Whitmore, Williams of
Hickman, Williams of Knox, Wisener, Woods and Mr. Woodard
—55.
Those voting in the negative :
Messrs. Cowden, Gantt, Hebb, Jones, Lea, Lockhart, Pickett,
Roberts, Sheid, Sowell, Yaughn and Mr. Speaker Whitthorne—12.
The Speaker announced that he had appointed Messrs. Gantt,
Hurt, Guy, Lea, Martin. Biazelton, Pickett and Ewing, a Com¬
mittee to prepare an address to the people of Tennessee, on the
part of the House, as contemplated by Senate Resolution No. 14.
The House took up Senate Resolution No. 18, to appoint Cofhf*
missioners from the State of Tennessee to confer with the author¬
ities of the Confederate States, in regard to entering into a mili¬
tary league.
Mr. Lea moved to strike out " league," in the last line, and in¬
sert the word "alliance;" which was adopted.
Mr. Dudley offered the following amendment:
The provisions of the said alliance shall be subject to the con¬
trol of the Convention shortly to assemble at Nashville.
Mr. Dudley subsequently offered the following in stead of his
first amendment:
'1 his alliance to be null and void if the people, at the ballot-
\box, vote against the declaration submitted to them by the Legis¬
lature.
Pending which, on motion of Mr. Martin, fie House adjourned
till o'clock.
Eeas
Nays
55
12
41
AFTERNOON SESSION.
The House met pursuant to adjournment.
Hon. Taz. W. Newman appeared and addressed the House of
Representatives, in pursuance of the resolution adopted this mor-
nin g.
Mr Lockhart, from the Committee on Enrolled Bills, reported
House Resolution No. 12 correctly enrolled.
The House resumed the consideration of the unfinished busi¬
ness—being Senate Resolution No. 18.
Mr. Lea moved to reconsider the vote adopting " alliance" " in¬
stead of "league."
Whereupon, Mr. Williams of Hickman demanded the previous
question on the pending question ; which motion prevailed.
Yeas 37
Nays .. • • • • 31
Representatives voting in the affirmative are:
Messrs. Armstrong, Baker of Perry, Baker of Weakley, Barks-
dale, Bayless, Cheatham, Critz, Davidson, Davis, Dudley, Farley,
Farrelly, Ford, Gillespie, Guy, Harris, Hebb, Hurt, Ingram, Jones,
Kennedy, Lea, Lockhart, Martin, McCabe, Nail, Pickett, Porter,
Richardson, Sheid, Smith, Sowell, Vaughn, Williams of Hickman,
Williams of Knox, Woods and Mr. Speaker Whitthorne—37.
Those voting in the negative are ;
Messrs. Bicknell, Bledsoe, Brazelton, Britton, Butler, Caldwell,
Cowden, East, E wing, Frazier, Gantt, Gorman, Greene, Havron,
Johnson, Kenner, Kincaid of Anderson, KincaiJ of Claiborne,
Mayfield, - Morris, Morphis, Norman, Roberts, Russell, Senter,
Shrewsbury, White of Davidson, Whitmore, Williamson, Wise-
ner and Mr. Woodard—31.
Mr. Lea's motion to reconsider then prevailed, and his amend¬
ment was rejected.
Mr. Dudley's amendment was then adopted.
Yeas - 38
Nays 31
Representatives voting in the affirmative are :
Me ssrs. Armstrong, Bayless, Bicknell, Bledsoe, Brazelton, Brit¬
ton, Butler, Caldweli, Cheatham, Davis, Dudley, East, Gillespie,
Gorman, Greene, Harris, Havron, Hebb, Jones, Johnson, Kenner,
Kennedy, Kincaid of Anderson, Kincaid of Claiborne, Mayfield,
Morris, Morphis, Norman, Richardson, Russell, Senter, Trevitt,
42
White of Davidson, Williams of Knox, Williamson, Wisener
Weodard and Mr. Speaker Whitthorne—38.
Those voting in the negative are:
Messrs. Baker of Perry, Baker of Weakley, Barksdale, Cowden,
Critz, Davidson, Ewing, Farley, Farrelly, Ford, Frazier, Gantt,
Guy, Hurt, Ingram, Lea, Lockhart, Martin, McCabe, !\all, Pickett,
Porter, Roberts, Sheid, Shrewsbury, Smith, Sowell, Vaughn, Whit-
more, Williams of Hickman and Mr Woods.—31.
Mr. Cheatham moved to reconsider the vote adopting Mr. Dud¬
ley's amendment; which motion prevailed.
Yeas 40
Nays 28
Representatives voting in the affirmative are:
Messrs. Baker of Perry, Baker of Weakley, Barksdale, Bayless,
Bicknell, Cheatham, Cowden, Critz, Davidson, Davis, Dudley, East,
Ewing, Farley, Farrelly, Ford, Frazier, Gantt, Guy, Hebb, Hurt,
Ingram, Kennedy, Lea, Lockhart, Martin, McCabe, Nail, Pickett,
Porter, Roberts, Sheid, Smith, Sowell, Trevitt, Vaughn, Whit-,
more, Williams of Hickman, Woods and Mr. Speaker Whit¬
thorne—40.
Those voting in the negative are:
Messrs. Bledsoe, Brazelton, Britton, Butler, Caldwell, Gilleaiie,
Gorman, Greene, Harris, Havron, Jones, Johnson, Kenner, Kin-
caid of Anderson, Kincaid of Claiborne, Mayfield, Morris, Mor-
phis, Norman, Richardson, Russell, Senter, Shrewsbury, White of
Davidson, Williams of Knox, Williamson, Wisener and Mr.
Woodard—28.
The amendment offered by Mr. Dupley was then rejected.
Representatives voting in the affirmative are :
Messrs. Armstrong, Bledsoe, Britton, Butler, Caldwell, Gillespie,
Gorman, Greene, Havron, Jones, Johnson, Kenner, Kincaid of
Anderson, Kincaid of Claiborne, Mayfield, Morris, Morphis, Nor¬
man, Richardson, Russell, Senter, Williams of Knox, Williamson,
Wisener and Mr. Woodard—25.
Those voting in the negative are:
Messrs. Baker, of Perry, Baker of Weakley, Barksdale, Bayless,
Bicknell, Cheatham, Cowden, Critz, Davidson> Davis, Dudley,
East, Ewing, Farley, Farrelly, Ford, Frazier, Gantt, Guy, Hebb,
Hurt, Ingram, Kennedy, Lea, Lockhart, Martin, McCabe, Nail,
Pickett, Porter, Roberts, Sheid, Shrewsbury, Smith, Sowell, Vaughn,
Whittnore, Williams of Hickman, Woods and Mr. Speaker Whit¬
thorne—41.
The resolution was then adopted.
Yeas
Nays
25
41
43
Yeas 42
]\ays 25
Representatives voting in the affirmative are:
Messrs. Baker of Perry, Baker of Weakley, Barksdale, Bayless,
Bicknell, Bledsoe, Cheatham, Cowden, Critz, Davidson, Davis,
Dudley, Ewing, Farley, Farrelly, Ford, Frazier, Gantt, Guy, Hurt,
Ingram, Jones, Kennedy, Lea, Lockhart, Martin, Mayfield, Mc-
Cabe, Nail, Pickett, Porter, Richardson, Roberts, Sheid, Smith,
Sowell, Trevitt, Vaughn, Whitmore, Williams of Hickman, Woods,
and Mr. Speaker Whitthorne—42.
Those voting in the negative are :
Messrs. Armstrong, Brazelton, Britton, Butler, Caldwell, East,
Gillespie, Gorman, Greene, Havron, Johnson, Kenner, Kincaid of
Anderson, Kincaid of Claiborne, Morris, Morphis, Norman, Rus¬
sell, Senter, Shrewsbury, White of Davidson, Williams of Knox,
Williamson, Wisener, and Mr. Woodard—25.
The following message was received from the Senate:
Mr. Speaker :
I am directed by the Senate to inform the House of Represen¬
tatives that Hon: Taz W. Newman, of the county of Franklin,
has resigned his position as*Speaker of the Senate, and Hon. B.
L. Stovall, of the county of Obion, has been elected Speaker in
his stead.
Mr. Ford introduced House Bill No. 8, to repeal section 4743 of
the Code ; which passed first reading.
Senate Bill No. 1, to call a convention of the people of Ten¬
nessee, and submitting a declaration of independence for ratifica¬
tion or rejection, passed first reading.
On motion of Mr. Lea, the House adjourned until to-morrow
morning,. 10 o'clock.
THURSDAY MORNING, MAY 2, 1861.
The House met pursuant to adjournment.
Mr. Speaker Whitthorne in the Chair.
The Journal of Yesterday was read and approved.
Mr. Williams of Franklin obtained leave to record his vote in
44
the affirmative on House Bill No. I, to organize, arm, and equip
a provisional force.
Mr. Davis presented petitions from R. Thompson and George
W. Harris, on the subject of improved arms; which were read,
and,
On motion of Mr. Davis, referred to a special committee.
The Chair appointed Messrs. Davis, Gillespie and Vaughn said
committee.
Mr. Mayfield, from the Military Committee, reported back Sen¬
ate Resolution No. 3, for printing Hardee's and Scott's Military
Tactics for the use of the State, and asked to be discharged froiA
further consideration.
The House ordered the discharge of the committee.
On motion of Mr. Mayfield, the resolution was then taken up.
Mr. Farrelly offered the following in lieu of the resolution and
amendment:
Resolved by the General Assembly of Tennessee, That Hon. B. R.
Johnson and Hon. J. E. R. Ray be, and they are appointed a
committee to get up and compile such books as may be required
for the military of Tennessee.
By leave of the House, Mr. Farrelly subsequently withdrew his
resolution.
Mr. Armstrong's amendment, introduced yesterday, was then
rejected.
Yeas ..... ..... 21
Nays 42
Representatives voting in the affirmative are :
Messrs. Armstrong, Bledsoe, Butler, Davidson, Gillespie, Gor¬
man, Greene, Havron, Jones, Johnson, Kenner, Kincaid of Clai¬
borne, Morphis, Norman, Roberts, Russell, Senter, Shrewsbury,
Sowell, Williams of Knox, and Mr. Wisener—21.
Those voting in the negative are:
Messrs. Baker of Perry, Baker of Weakley, Barksdale, Bayless,
-Bicknell, Cheatham, Cowden, Davis, Dudley, East, Ewing, Farley,
Farrelly, Ford, Frazier, Gantt, Guy, Harris, Hebb. Ingram, Ken¬
nedy, Lea, Lockhart, Martin, Mayfield, McCabe, Null, Pickett,
Porter, Sheid, Smith, Trevitt, Vaughn, White of Davidson, Whit-
more, Williams of Franklin, Williams of Hickman, Williamson,
Woods, Woodard, and Mr. Speaker Whitthorne—42.
Mr. Hebb moved to strike out " 2000 of Scott's Tacticswhich
was agreed to.
Mr. Martin moved to strike out "2000" and insert " 4000 of
Hardee's Tactics;" which was adopted.
And the resolution, as amended, was then adopted.
Yeas 53
Nays 11
45-
Representatives voting in the affirmative are :
Messrs. Armstrong, Baker of Perry, Baker of Weakley, Barks-
dale, Bayless, Bickneli, Bledsoe, Brazelton, Cheatham, Cowden,
Davidson, Davis, Dudley, Ewing, Parley, Farrelly, Ford, Frazier,
Gantt Gillespie, Gorman, Greene, Guy, Harris, Havron, Hurt, In¬
gram, Kennedy, Kincaid of Claiborne, Lea, Lockhart, Martin,
May field, McCabe, Morphis, Nali, Pickett, Porter, Richardson,
Roberts, Sheid, Shrewsbury, Smith, Sowell, Trevitt, Vaughn, White
of Davidson, Whitmore, Williams of Franklin, Williams of Hick¬
man, Wisener, Woods, and Mr. Speaker Whitthorne—53.
Those voting in the negative are :
Messrs. Britton, East, Hebb, Jones, Johnson, Kenner, Norman,
Russell, Senter, Williams of.Knox, and Mr. Wood a id—11.
Mr. Farrelly offered House..Resolution No. 20, as follows:
Resolved by the General Assembly of the State cff Tennessee, That
the Hon. B. R. Johnson and Hon. J. E. R. Ray be, and they are
hereby appointed a Committee to procure or compile such books
as will be required for the military of Tennessee.
On motion, the rules were Suspended, and the resolution adop¬
ted, and ordered to be transmitted to the Senate.
Mr. Williamson offered House Resolution No. 21, as follows:
Whereas, a state of war exists, and hostilities have actually
commenced between the Governments of the United States and
that of the Confederated States of America, which if not arrested
by the timely interposition of prudent, wise, and forbearing coun¬
sel, will in a brief period lead to a long and bloody struggle be¬
tween a united North, on the one side, and an undivided South
on the other, the horrors of which no language can portray ; and
whereas, such a war, instead of re-uniting the dismembered*and
discordant fragments of a once happy and prosperous country,
would inevitably result in a final separation of the States, and
that too after exhausting the resources and prostrating the ener¬
gies of the whole country, at an immense sacrifice of property
and human life, and it may be of our free institutions themselves,
thus extinguishing forever the last beacon light of hope to the friends
of freedom and humanity throughout the world ; and whereas, the
people of Tennessee, with an earnest and sincere desire to ex¬
haust every honorable means of peaceful adjustment, and to spare
if possible the effusion of human blood, yet with a calm and un¬
flinching determination to meet the dangers of threatened inva¬
sion, and encounter the horrors of civil war, if forced upon them,
as becomes a brave and free people, conscious of the justice of
their cause and the rectitude of their intention, remembering that
" the race is not to the swift, nor the battle to the strong, but to
God that giveth the victory." Appealing, then, to the opinion of
the civilized and christian world, and to the Supreme Governor
46
of the Universe in behalf of this onr last effort to arrest the im¬
pending calamities of civil war; Therefore,
B: it resolved by the people of Tennessee through their General
Assembly in extraordinary session convened, That the Government
of the United States and that of the Confederated States of
America, be earnestly requested to grant a temporary suspension
of hostilities for such time as they may agree upon, and until the
meeting of the Convention of Border States at Frankfort, Ky., on
the — — day of , 1861, for the purpose of enabling said
Convention, if to do nothing more, to adopt in their wisdom and
joint counsel some equitable, peaceable and honorable separation
of the two sections, and thus accomplish at the outset, and by
peaceable means, all that can be obtained at the end of a pro¬
tracted and sanguinary struggle.
Resolved further, That the Governor be requested to forward
immediately to the proper authorities of the two Governments
copies of these resolutions.
The resolution, under the rule, lies over one day.
Mr. Gantt offered House Resolution No. 22, as follows :
Resolved, That the Hon. H. W. Hilliard be invited to confer
with the House of Representatives in secret session, at such times
as may suit him, with the view of communicating information to
us touching his Government and the common cause, and which
would be prudent at this time not to make public.
The rules were suspended, and the resolution was adopted; and,
On motion of Mr. Williams of Hickman, the Speaker appointed
Mr. Gantt a Committee to inform Mr. Hilliard of the action of
therHouse.
Senate message was taken up, being Senate Resolution No. 19
to request a copy of the address of Hon. H. W. Hilliard to this
General Assembly, for publication; which was concurred in by
the House. ,
Mr. Williams of Franklin obtained leave to record his vote in
the affirmative on Senate Resolution providing for a military
league with the Southern Confederacy.
Mr. Farrelly introduced House Bill No. 9, to charter Arms
Company; which passed first reading.
Senate Bill No. 1, to submit to the vote of the people a Declar¬
ation of the State of Tennessee, and to call a Convention of the
State; passed second reading.
Mr. Bicknell presented preamble and resolutions adopted by
citizens of Blount county, favoring a military alliance of Tennes¬
see with the Confederate States; which were read and ordered
to be transmitted to the Senate.
The following House Bills were read, and passed second read-
nig:
House Bill No. 6, to prevent the collection of debts owed by
47
citizens of Tennessee to citizens of the non-slaveholding States
during hostilities.
No. 0, to defray the expenses of the General Assembly.
No. 7, to repeal part of section 96 of the militia law of the
State.
No. 8, to repeal section 4743 of the Code.
House Resolution No. 15, directory to the Committee on Mili¬
tary Affairs, was Jaid upon the table.
Y eas 42
Nays 24
Representatives voting in the affirmative are:"
Messrs. Baker of Perry, Baker of Weakley, Barksdale, Bayless,
Bicknell, Bledsoe, Cheatham, Cowden, Critz, Davis, Dudley, Ew-
ing, Farley, Frazier, Gantt, Guy, Harris, Havron, Hebb, Hurt,
Ingram, Kennedy, Lea, Lockhart, Martin, Mayfield, McCabe,
Nail, Pickett, Porter, Richardson, Roberts, Sheid, Smith, SoweJ,
Trevitt, Vaughn, Whitmore, Williams of Franklin, Williams of
Hickman, Woods and Mr. Speaker Whitthorne—42.
Those voting in the negative are:
Messrs. Armstrong Brazelton, Britton., Butler, Caldwell, East,
Farrelly, Ford, Gorman Greene, Jones, Johnson, Kenner. Kincaid
of Anderson, Kincaid of Claiborne, Morris, Morphis, Norman,
Senter, Shrewsbury, White of Davidson, Williamson, Wisener
and Mr. Woodard—24.
House Resolutions Nos. 16 and 18, were passed over informally.
Eouse Resolution No. 17, to adjourn sine die, was laid upon,
the table.
Mr. Farrelly moved to adjourn until to-morrow morning 10
o'clock ; which motion failed.
House Resolution No. 19, instructing the Committee on Finance,
lying over under the rule, was adopted.
Mr. Cheatham offered the following in lieu of House Resolu¬
tion No. 18 :
Whereas, The equipment of Capt. Sevier,s Company of volun¬
teers of Davidson county, with arms similar to the balance of the
regiment, is necessary to the efficiency of said regiment, which is
now ready to be mustered into service ; therefore,
Resolved by the General Assemb y of the State of Tennessee, That
'the Governor be authorized and requested to issue to said com¬
pany, ninety-four Minnie guns, ot uniform style with those of
other companies.
The resolution in lieu was adopted, and the resolution was
then adopted and ordered to be transmitted to the Senate.
On motion, the House adjourned until to-morrow morning 10
o'clock.
48
FRIDAY 'MORNING, MAY 3, 1661.
The House met pursuant to adjournment.
Mr. Speaker Whitthorne in the Chair.
The Journal of yesterday was read and approved.
Mr. Johnson offered House Resolution No. 23, as follows:
Resolved, That the resolution adopted 25th April last, provid¬
ing that the sessions of this House should be held with closed
doors until otherwise ordered, be, and the same is hereby re¬
scinded, and the injunction of secrecy removed from all the pro¬
ceedings of the House.
The resolution lies over under the rules.
Mr. A all offered House Resolution No. 24, as follows:
Resolved by the General Assembly of the State of Tennessee, That
in view of the large number of Black Republican troops now in
the occupation of the city of Cairo, Illinois, and the additional
number that may be speedily concentrated there, and of the prox¬
imity of said city of Cairo to the northern boundary of West Ten¬
nessee, and the facilities for invading that division of our State
by the Mississippi river and Mobile and Ohio Railroad,-and in
view of the unarmed and defenceless condition of that section of
the State, it is the opinion of this General Assembly that a wise
foresight and prudent precaution, demands that an armed force
be stationed, without delay, at Union city, in Obion county, or
some other suitable point near our northern border ; and that such
other means of defence, in the way of fortifications, or otherwise,
be adopted, as will best enable us to successfully resist an inva¬
sion which may be attempted by our enemies from said city of
Cairo, and that the Executive be requested to carry out these sug¬
gestions.
The rules were suspended, and the resolution was adopted.
A motion to reconsider the vote adopting it failed, and the reso-
lution was ordered to be transmitted to the Senate.
Mr. Greene offered House Resolution No. 25, as follows-:
Resolved by the General Assembly of the State of Tennessee, That
in the opinion of this body, it is unwise and improper for th$
Southern people or forces, to make an attack upon the city qf
Washington, or upon any portion of the North; and that the
forces of this State and of the South, should only be employed in
repelling invasion of the South, and that the Governor be, and he
is hereby requested to take such steps as are necessary to carry
into effect this resolution.
The resolution lies over under the rule.
Mr. Gantt reported that he had conferred with the Hon. H. W.
49
Hilliard, and that it is his pleasure to confer with the House in
secret session to-day at 12 o'clock, M.
Mr. Baker of Perry, trom Committee on Enrolled Bills, made
the following report:
Mr. Speaker :
The Committee on Enrolled Bills have had under consideration,
House Resolution No. 20, and find the same correctly engrossed.
All of which is respectfully submitted,
W. N. BAKER, Chairman pro tern.
The following message was received from the Senate :
Mr. Speaker:
I am directed by the Senate to transmit for the signature of the
Speaker of the House of Representatives, the following enrolled
joint resolutions, viz:
Joint resolution directing the printing of Hardee's Military
Tactics.
Joint resolution to request a copy of the address of Hon. H. W.
Hilliard to this General Assembly, for publication.
Joint resolution to appoint a Joint Select Committee to prepare
an address to the people of Tennessee.
Joint resolution to appoint Commissioners from the State of
Tennessee, to confer with the authorities of the Confederate
States in regard to a Military League.
Joint resolution requesting Governor Harris to open a corres¬
pondence by telegraph with the Governor of Illinois, in relation
to the seizure of the cargo of the steamer C. E. Hillman, at Cairo.
The House took up Senate Bill No. 1, to submit to a vote of
the people a declaration of the State of Tennessee, and to call a
convention of the State.
Mr. Wisener offered the following amendment:
" In section five strike out the words "that at the same time of
holding said election," and insert the following : " That the Gov¬
ernor in his proclamation, authorized to be issued in the third sec¬
tion of this act, shall designate a day in which."
On motion of Mr. Jones, the amendment was laid upon the
table.
Yeas 49
Nays 21
Representatives voting in the -affirmative are :
Messrs. Baker of Perry, Baker of Weakley, Barksdale, Bayless,
Bicknell, Bledsoe, Brazelton, Cheatham, Cowden, Critz, Davidson,
Davis, Dudley, Ewing, Farley, Farrelly, Ford, Frazier, Gantt,
Gillespie, Guy, Harris, Hebb, Hurt, Ingram, Jones, Kenner, Ken¬
nedy, Lea, Lockhart, Martin, Mayfield, McCabe, Nail, Pickett,
4 H
50
Porter, Roberts, Sheid, Shrewsbury, Smith, Sowell, Trevitt,
Vaughn, Whitmore, Williams of Franklin, Williams of Hickman,
Woods, and Mr. Speaker Whitthorne—4'J.
Those voting in the negative are :
Messrs. Armstrong, Britton, Cutler, Caldwell, Gorman, Greene,
Havron, Johnson, Kincaid of Anderson, Kincaid ot Claiborne,
Morris, Morphis, Norman, Richardson, Russell, Senter, White of
Davidson, Williams of Knox, Williamson, Wisener, and Mr.
Woodard—21.
On motion of Mr. Martin, the House resolved itself into Com¬
mittee of the Whole upon the consideration of the bill, Mr. Mar¬
tin in the Chair.
After considering the bill at some length, the committee rose
and reported progress, and asked to sit again; which was agreed
to.
The Hon. H. W. Hilliard appeared, and addressed the House
in secret session.
On motion of Mr. Harris, the House adjourned until half-past
two o'clock this evening.
AFTERNOON SESSION.
Mr. Whitmore demanded a call of the House ; which was or¬
dered, and the following representatives failed to respond, viz:
Messrs. Armstrong, Beaty, Bennett, Bicknell, Brazeltoo, Brit-
ton, Butler, Cheatham, Doak, Eas.t, Ewing, Farley, Gantt, Gilles¬
pie, Guy, Hurt, Kenner, Kennedy, Kincaid of Anderson, Lea,
McCabe, Pickett, Richardson, Trevitt, Trewhitt, Vaughn, White
of Davidson, White of Dickson, Williams of Hickman, and Mr.
"Williamson—30.
The Doorkeeper was dispatched after absentees.
Messrs. Cheatham, Kennedy, White of Davidson, Ewing, Lea,
Kenner, Armstrong, Williams of Hickman, and Gillespie appear¬
ed, and further proceedings under the call dispensed with.
The Special Committee, to whom was referred the petitions of
Dr. R. Thompson and George W. Harris, made the following
report:
The Special Committee to whom was referred an examination
of guns invented by Dr. R. Thompson and Geo. W. Harris, beg
51
leave to report that they have had the same under inspection,
and although not presented with a perfect model, on the part of
Dr. 11. Thompson, of his invention, for want of time to prepare
it, in order to make a practical demonstration of the merits
claimed for the gun; yet he demonstrated to your committee the
following improvements: It can be discharged with precision,
ranging the whole horizon, at least forty times per minute. It is
not subject to accident; is but little heavier than an ordinary
cannon of the same calibre; does not heat by rapid firing, and
can he made to act as a rifle-cannon. It is self-loading, requires
but three men to manage it efficiently, is easily understood, and
simple of construction, The cost of construction will be but little
more than that of a single shooter. We have likewise had under
examination the model of a gun claimed to have been invented
by Mr. George W. Harris, which is simple in its construction,
being composed of but three pieces, which can be detached at a
moment's warning, in ease of retreat, and thereby rendered use¬
less to an enemy in event of capture. It is represented as hav¬
ing been tested by the inventor, and he states that it shoots with
great accuracy to the distance of one thousand yards, and in the
hands of a skillful gunner, will strike a sugar hogshead, and he
believes the size of an'ordin'ary man, three times in five.
Your committee beg* leave further to report that the examina¬
tion of the models of the guns was conducted in the presence of
Col. A,. P.* Stewart, graduate and Professor at West Point, for¬
merly of the-United States Army, and now Professor in Cumberland
University; and that w« .concur in the opinion that they are
worthy of the consideration of the Legislature of Tennessee;
and as the inventors freely tender to the State the privilege of
manufacturing and using their guns, and are willing to superin¬
tend the manufacture of the same, we recommend an appropri¬
ation of one thousand dollars to test fully the merits of each in¬
vention, to be deposited in the hands of the Military Board of the
State.
All of which is respectfully submitted.
JNO.R. DAVIS, Chair'n, )
J. W* GILLESPIE, > Committee.
A. J. VAUGHAN, )
Which report was, on motion, laid upon the table.
House Bill No. 9, to charter an Arms Company, passed its sec¬
ond reading.
House Bill No. 5, to prevent the collection of debts owed by
citizens of Tennessee to citizens of the non-slaveholding States
during hostilities, was taken up.
Mr. Sheid offered the following amendment:
Sec. —. Be it further enacted, That no Circuit Court shall be
52
held in this State, except for the trial of criminal causes, and
cases of divorce, until after the expiration of twelve months from
the passage of this act; said courts may also make decrees for
the partition or sale of property, and for the perfecting of parti¬
tions or sales already made.
Sec. —. Be it further enacted, That no Chancery Court sh^ll
be held in this Slate except tor the trial of divorce cases, pra-
nouncing decrees for the partition and sale of property, and the
perfecting of partitions and sales already made, until after the'
expiration of twelve months from the passage of this act.
Sec. —. That no Supreme Court shall be held in this State
until after the expiration of twelve months from the passage of
this act.
Sec. —. That nd Justice of the Peace in this State shall render
any judgment except in cases of attachment, until after the expira¬
tion of twelve months from and after the 20th day of May, 1861.
Sec. —. This act shall take effect from and after its passage.
Mr. Caldwell moved to lay the bill and amendment upon the
table.
The ayes and noes were demanded, and the motion failed.
Representatives voting in the affirmative are :
Messrs. Armstrong, Baker of Perry, Bledsoe, Brazelton, Britton,
Butler, Caldwell, Cowden, East, Gillespie, Gorman, Greetfe, Har¬
ris, Johnson, Kincaid of Claiborne,.Mayfield, Norman, Shrewsbu¬
ry, White of Davidson, Williams of Hickman, Williams of Knox,
Wisener and Mr. Woodard—23.
Those voting in the negative are:
Messrs. Baker of Weakley, Barksdale, Bayless, Bicknell, Critz,
Davis, Ewing, Farley, Farrelly, Ford, Frazier, Gantt, Guy, Har¬
ris, Hebb, Ingram, Jones, Kenner, Kennedy, Lea, Lockhart, Mar¬
tin, McCabe, Morris, Morphis, Nail, Porter, Richardson, Roberts,
Russell, Senter, Sheid, Smith, Sowell, Trevitt, Vaughn, Whit-
more, Williams of Franklin, Woods and Mr. Speaker Whitthorne
—40.
On motion of Mr. Jones, the bill and amendment was made the
special order for 10 o'clock to-morrow.
The House took up House Bill No. 6, to defray the expenses of
the General Assembly.
Mr. Davis moved to amend by filling the blank for the ser¬
vices of the boy George with twenty dollars; which motion pre¬
vailed.
The bill then passed third reading.
Yeas 61
Nays 3
Yeas
Nays
23
40
53
Representatives voting in the affirmative are:
Messrs. Armstrong, Baker of Perry, Baker of Weakley, Barks-
dale, Bayless, Bicknell, Bledsoe, Britton, Butler, Caldwell, Cheat¬
ham, Cowden, Critz, Davidson, Davis, East, Ewing, Farley, Far-
relly. Ford, Frazier, Gantt, Gillespie, Gorman, Greene, Guy, Har¬
ris, Havron, Hebb, Ingram, Jones, Kenner, Kennedy, Kincaid of
Anderson, Kincaid of Claiborne, Lea, Martin, Mayfield, McCabe,
Morphis,.Nall, Norman, Porter, Richardson, Roberts, Russell, Sen-
ter, Sheid, Shrewsbury, Smith, Sowell, Trevitt, White of Davidson,
Whitmore, Williams of Franklin, Williams of Knox, Williams of
Hickman, Wisener, Woods, Woodard and Mr. Speaker Whit-
thorne—61.
Those voting in the negative are :
Messrs. Johnson, Lockhart and Vaughn—3.
The bill was ordered to be transmitted to the Senate. t
House Bill No. 7, repealing part of sec. 96 of the militia law of
1840 ; passed third reading.
Yeas • • *42
Nays 25
Representatives voting in the affirmative are:
Messrs. Baker of Perry, Baker of Weakley, Barksdale, Bayless,
Bicknell, Bledsoe, Cheatham, Cowden, Critz, Davidson, Davis,
E^'ing, Farley, Farrelly, Ford, Frazier, Gantt, Gillespie, Guy,
Harris, Havron, Hebb, Ingram, Jones, Kennedy, .Lea, Lockhart,
Martin, Mayfield, McCabe, Nail, Porter, Sheid, Smith, Sowell, Tre¬
vitt, Vaughn, Whitmore, Williams of Franklin, Williams of Hick¬
man, Woods and Mr. Sppaker Whitthorne—42.
Those voting in the negative are :
Messrs. Armstrong, Braze]ton, Britton, Butler, Caldwell, East,
Gorman, Greene, Hurt, Johnson, Kenner, Kincaid of Anderson,
Kincaid of Claiborne, Morris, Morphis, Norman, Richardson, Rob¬
erts, Russell, Senter, Shrewsbury, White of Davidson, Williams of
Knox, Wisener and Mr. Woodard—25.
The bill was ordered to be transmitted, to the Senate.
House Bill No. 8, to repeal sec. 4743 of the Code, was, on mo¬
tion, referred to a Special Committee consisting of Messrs. Jones,
Martin, Ewing, Bicknell and Ford."
On motion of Mr. Gantt, the House resolved itself into Com¬
mittee of the Whole, Mr. Martin in the Chair, and resumed con¬
sideration of a bill to submit to a vote of the people a Declara¬
tion of the State of Tennessee, and to call a Convention of the
State.
The Committee rose and reported progress, and obtained leave
to sit again.
Mr. Lockhart, from the Committee on Enrolled Bills, reported
54
House Bills Nos. C and 7, and House Resolutions Nos. 18 and 24,
correctly engrossed.
A motion to adjourn till ten o'clock to-morrow failed; when,
On motion, the House adjourned until o'clock t6-morrow
morning.
•SATURDAY, MORNING, MAY 4, 1861.
The House met pursuant to adjournment.
Mr. Speaker Whitthorne in the Chair.
The Journal of yesterday was read and corrected.
Mr. Brazelton moved a call of the House which was ordered,
and the following Representatives failed to respond, viz:
Messrs. Beaty, Bennett, Ewing, Garitt, Greene, Johnson, Por¬
ter, Trewhitt, White of Dickson, Whitmore and Mr. Williamson
—11.
On motion of Mr. Cheatham, further proceedings under the call
were dispensed with.
Mr. Baker of Perry obtained leave of absence for Mr. White of
Dick son, on account of sickness*'"' '
Mr Barksdale announced the absence of Mr. Bennett on account
of sickness. ■
Mr. Jones, from Special'Committee, made the following report:
The Special Committee on House Bill No. 8, respectfully report
a bill in lieu of the original bill, which they ask the House to adopt.
Wm. E. B. JONES, Chairman.
On motion, the House went into Committee of the Whole,,Mr.
Martin in the Chair, and resumed consideration of Senate Bill
No. 1
On motion, the Committee rose, and the Chairman made the
following report:
The Committee have considered the bill at length, by sections,
and recommend the adoption of the various amendments herewith
submitted.
Mr. Sheid demanded the previous question on the Committee's
report; which was sustained.
Yeas 43
Nays 25
55
Representatives voting in the affirmative are:
1 Messrs. Baker of Perry, Baker of Weakley, Barksdale, Bavless,
Bicknell, Bledsoe, Cheatham, Critz, Davidson, Davis, Dudley,
Ewing, Farley, Farrelly, Ford, Frazier, Gantt, Harris, Hebb, In¬
gram, Jones, Kennedy, Kincaid of Claiborne, Lea, Martin, Mc-
Cabe, Morphis, Nail, Pickett, Porter, Roberts Sheid, Shrewsbury,
Smith, Sowell, Trevitt, Vaughn, Whitmore, Williams of Franklin,
Williams of Hickman, Woods and Mr. Speaker Whitthorne—43.
Those voting in the negative are:
Messrs. Armstrong, Brazelton, Britton, Butler, Caldwell, East,
Gillespie, Gorman, Greene, Guy, Havron, Hurt, Johnson, Kenner,
Kincaid ot Anderson, Lockhart, Mayfield, Morris, Norman, Rich¬
ardson, Russell, Senter, White of Davidson, Williams of Knox
'and Mr. Wood'ard—25.
Mr. Wisener was paired off with Mr. Doak.
The following message was received from the Senate:
Mr. Speaker :
The Senate passed on third reading, Senate Bill No. 6, to reg¬
ulate the holding of Courts in the State of Tennessee.
Senate Bill No. 2, a bill in relation to the payment of interest
on State bonds owned by parties in Northern States ; both of
which are herewith transmitted for the further action of the House
of Representatives.
Amendment No/ 1, offered by Mr. Gantt, and amended and
recommended by the committee, as follows :
Declaration of Independence and Ordinance Dissolving the
Federal Relations between the State of Tennessee and^tbe Uni¬
ted States of America.
First. We, the people of the State of Tenne-see, waiving any
expression of opinion as.to the abstract doctrine of secession, but
asserting the right as-a free and independent people, to alter, re¬
form or abolish our form of government in such manner as we
think proper, do ordain and declare that all the laws and ordi¬
nances, by which the State of Tennessee became a member of
the Federal Union of the United States of America, are hereby
abrogated and annulled, and that all obligations on our part be
withdrawn therefrom ; and we do hereby resume all the rights,
functions and powers, which, by any of said laws or ordinances,
were conveyed to the Government of the United States, and ab¬
solve ourselves from all the obligations, restraints and duties in¬
curred thereto; and do hereby henceforth become a free, sover¬
eign and independent State.
Second. We furthermore declare and ordain, that Article 10,
sections 1 and 2, of the Constitution of the State of Tennessee,
which requires members of the General Assembly, and all officers
civil and military, to take an oath to support the Constitution of
56
the United States, be and the same are hereby abrogated and an¬
nulled; and all parts of the Constitution of the State of Tennes¬
see, making citizenship of the United States a qualification for
office, and recognizing the Constitution of the United States as
the supreme law of this State, are in like manner abrogated and
annulled.
Third. We furthermore ordain and declare, that all rights ac¬
quired and vested under the Constitution of the United States,
or under any act of Congress passed in pursuance thereof, or un¬
der any laws of this State, and not incompatible with this ordi¬
nance, shall remain in force, and have the same eflect as if this
ordinance had not been passed. The amendment was adopted.
The following is amendment No. 2, offered by Mr. Fra^iertind
recommended by the committee :
Amend the 3d section by striking out " Declaration " and "No
Declaration," and inserting " Separation" and "No Separa¬
tion." The amendment was adopted.
The following is amendment No. 3, offered by Mr. Gantt and
recommended by the committee :
Sec. 5. Be it further enacted, That at the same time, and under
the rules and regulations prescribed for the election hereinbefore
ordered, the following ordinance shall be submitted' to the popu¬
lar vote, to wit : An ordinance for the adoption of the Constitu¬
tion of the Provisional Government of the Confederate States of
America. We, the people of Tennessee, solemnly impressed by
the perils which surround us, do hereby adopt and ratify the Con¬
stitution of the Provisional Government of the Confederate States
of America, ordained and established at Montgomery, Alabama,
on the eighth day of February, 1861, to be in force during the
existence thereof, or until such time as we may supercede it by
the adoption of a permanent Constitution.
Sec. 6. Be it further enacted, That those in favor of the adop¬
tion of said Provisional Constitution, and thereby securing to
Tennessee equal representation in the deliberations and councils
of the Confederate States, shall have written or printed on their
ballot, the word "Representation;" those opposed, the words
" No Representation "
Sec. 7. Be it further enacted, That in the event the people
shall adopt the Constitution of the Provisional Government of the
Confederate States at the election herein ordered, it shall be the
duty of the Governor forthwith to issue writs of election for dele¬
gates to represent the State of Tennessee in the said Provisional
Government. That the State shall be represented by as many
delegates as it was entith d to members of Congress to the recent
Congress of the United States of America, who shall be elected
from the several congressional districts as now established by law,
57
in the mode and manner now prescribed for the election of mem¬
bers of the Congress of the United States.
The amendments of Mr. Gantt were adopted.
Representatives voting in the affirmative are :
Messrs. Baker of Perry, Baker of Weakley, Barksdale, Bayless,
Bicknell, Bledsoe, Cheatham, Cowden, Critz, Davidson, Davis,
Dudley, Ewihg, Farley, Farrellv, Ford, Frazier, Gantt, Guy, Har¬
ris, Hebb, Ingram, Jones, Kenner, Kennedy, Lea, Lockhart, Mar¬
tin, McCabe, Morphis, Nail, Pickett, Porter, Richardson, Roberts,
Sheid, Srhith, Sowell, Trevitt, Vaughn, Whitmore, Williams of
Franklin, Williams of Hickman, Woods and Mr. Speaker Whit-
thorne—46.
Those voting in the negative ar,e :
Messrs. Armstrong, Brazelton, Britton, Butler, Caldwell, Gilles¬
pie, Gorman, Greene, Havron, Johnson, Kincaid of Anderson,
Kincaid of Claiborne, Mayfield, Morris, Norman, Russell, Senter,
Shrewsbury, White of Davidson, Williams of Knox and Mr.
Woodard—21.
An amendment to change the caption of the bill so as to read,
" A bill to submit to a vote of the people a declaration, and for
other purposes," was adopted.
The bill, as amended, then passed its third reading.
Representatives voting in the affirmative are:
Messrs. Baker of Perry, Baker of Weakley, Barksdale, Bayless,
Bicknell, Bledsoe, Cheatham, Cowden, Critz, Davidson, Davis,
Dudley, Ewing, Farley, Farrelly, Ford, Frazier, Gantt, Guy, Hebb,
Hurt, Ingram, Jones, Kenner, Kennedy, Lea, Lockhart, Martin,
Mayfield, McCabe, Morphis, Nail, Pickett, Porter, Richardson,
Roberts, Sheid, Smith, Sowell. Trevitt, Vaughn, Whitmore, Wil¬
liams of Franklin, Williams of Hickman, Woods and Mr. Speak¬
er Whitthorne—46.
Those voting in the negative are :
Messrs. Armstrong, Brazelton, Britton, Butler, Caldwell, East,
Gillespie, Gorman, Greene, Havron, Johnson, Kincaid of xAnder-
son, Kincaid of Claiborne, Morris, Norman, Russell, Senter,
Shrewsbury, White of Davidson, Williams of Knox and Mr.
Woodard—21.
Mr. Harris was excused from voting by the House.
Mr. Wisener was paired off with Mr. Doak.
On motion, the bill was ordered to be transmitted to the Senate.
The following message was received from the Senate.
Yeas
Nays
46
21
Yeas
Nays
46
21
58
Mr. Speaker:
The Senate has variously amended and passed on third reading
House Bill No. 1, to raise, organize and equip a provisional force,
and for other purposes, and the bill and amendments are here¬
with transmitted for the further action ot the House of Represent¬
atives.
The Senate has concurred in House Resolution No. 18, to au¬
thorize the Governor to issue rifles to Captain Sevier's company,
of Davidson county, and the same is herewith returned for enrol¬
ment.
The Senate has had under consideration House Resolution No.
24, for the concentration of troops at or near Union City, and
House Resolution No. 20, to appoint J. E. R. Ray and B. R. John¬
son to compile books for the militia of Tennessee, and laid the
same on the table.
On motion, the House adjourned until 3 o'clock P. M.
AFTERNOON SESSION.
Mr. Ewing introduced House Bill No. 10, to amend sec. 2038 of
the Code of Tennessee; which passed first reading.
The House took up Senate message, being Senate amendments
to House Bill No. 1, to raise, organize and equip a provisional
force, and for other purposes.
Senate amendment No. 1, inserting " or any less number which
the wants of the service may demand," after the word " whom,"
in the fifth line of section 1, was concurred in by the House.
Senate amendment No. 2, in lieu of first paragraph of section
2, was concurred in by the House.
Amendment No. 3, in relation to the appointment of clerks, in
second section, was concurred in by the House.
Amendment No. 312, striking out "subject to his control," in the
second section, was concurred in by the House.
Amendment No. 5, declaring the rank of officers, in the fourth
section, was concurred in by the House.
On motion of Mr. Farrelly, the vote of concurrence was tecon-
sidered, and the amendment was amended by inserting words "of
snfantry," after word " Major," and then Captain of cavalry, and
then concurred in by the House.
59
Amendment No. 6, striking out " Board" wherever it occurs
and inserting " Department," in fifth section, was concurred in by
the House. *
Amendment No, 7, in lieu of section 8, was concurred in by
the House.
Amendment No. 9, striking out " six," in fourth line of section
16, and inserting "three," was concurred in by the-House.
Amendment No. 10, inserting "by the Colonel," in ninth line of
section 19, was concurred in by the House.
Amendment No. 12, striking out " elected," and inserting "se¬
lected," in last line of nineteenth section, was concurred in by the
House.
Amendment No, 13, striking; out 21st section, was concurred in
by the House.
Amendment No. 15, adding to section 27, " and such flags and
banners as may be necessary," was concurred in by the House.
Amendment No. 16r additional to section 28, was concurred in
by the House.
Amendment No. 17, striking out " shall," and inserting "may,"
in third line of section 29, was concurred in by the House.
Amendment No. 18, to section 29, was concurred in by the
House.
Amendment No. 19, to-section 35,' empowering the Chairman
of the County Court to assemble a quarterly court, was concurred
in by the House.
Amendment No. 20, constituting 36th and 37th sections, was
concurred in by the House.
Amendment No. 21, adopted as sectiofi 38 of the bill, authori¬
zing cities and towns to levy a military tax, &c,, was concurred
jn by the House.*
Amendment No. 22, authorizing the Governor to purchase or
carry on manufactories of gunpowder, fire arms, or other muni¬
tions of war, was concurred in by the House.
Amendment No. 23, in reference to the Memphis Arms Compa¬
ny, was concurred in by the House.
Amendment No. 24, directory to the Governor, was concurred
in by the House.
On motion of Mr. Gantt, furthef proceeding with the bill was
postponed until Monday.
Senate Bill No. 2, in relation to the payment of interest on
State bonds owned by parties in the Northern States, passed first
reading.
Senate Bill No. 6, to regulate the holding of courts in the State
of Tennessee, passed first reading.
House Bill No. 5, to prevent the collection of debts owed by
citizens of Tennessee to citizens of non-slaveholding States during
hostilities, was taken up.
60
Mr, Sheid, by leave of the House, withdrew his amendment.
The bill then passed third reading.
Representatives voting in the affirmative are :
Messrs. Baker of Perry, Baker of Weakley, Bayless, Bicknell,
Cheatham, Cowden,. Critz, Davidson, Ewing, Farley, Farrelly,
Ford, Frazier, Gantt, Gillespie, Guy, Harris, Havron, Ingram,
Jones, Kennedy, Lea, Lockhart, Martin, McCabe, Morphia, Nail,
Pickett, Porter, Richardson, Sheid, Smith, Sowell, Trevitt, Vaughn,
Whitmore, Williams of Franklin and Mr. Speaker Whitthorne—
38.
Those voting in the negative are:
Messrs. Armstrong, Bledsoe, Brazelton, Britton, Butler, Cald¬
well, East, Gorman, Greene, Hebb, Hurt, Johnson, Kenntfr, Kin-
caid of Anderson, Kincaid of Claiborne, Mayfield, Morris, Norman,
Roberts, Russell, Senter, Shrewsbury, White of Davidson, Williams
of Hickman and Mr. Williams of Knox—25.
The bill was ordered to be transmitted to the Senate.
House Bill No. 8, to repeal section 4743 of the Code, (the com¬
mittee's bill in lieu adopted,) passed its third reading.
Yeas * • - 49
Nays -
Representatives voting in the affirmative are :
Messrs. Baker of Perry^ Baker of W'eakley,,Bayless," Bicknell,
Bledsoe, Brazelton, Caldwell, Cheathatn, Cowden, Critz, David¬
son, East, Ewing, Farley, Farrelly, Ford, Frazier, Gantt, Gillespie,
Guy, Harris, Havron, Hebb, Hurt, Ingram, Jones, Kenner, Ken*
nedy, Lea, Lockhart, Martin, Mavfield, McCabe, Morris, Morphia,
Nail, Porter, Richardson, Roberts1, Sheid, Smith, Sowell, Trevitt,
Vaughn, White of Davidson, Whitmore,, Williams of Franklin,
Williams of Hickman and Mr. Speaker Whitthorne—49.
Those voting in the negative are:
Messrs. Britton, Butler, Gorman, Greene, Johnson, Kincaid of
Anderson, Kincaid of Claiborne, Norman, Russell, Senter and
Mr. Williams of Knox—11.
The bill was ordered to be transmitted to the Senate.
House Bill No. 9, to charter an Arms Company at Memphis,
was withdrawn from the files.
On motion of Mr. Whitmore, the House adjourned until 10
o'clock Monday morning.
Yeas •
Nays •
38
25
61
MONDAY, MAY 6,1881.
The House met pursuant to adjournment.
Mr. Speaker Whitthornein the Chair.
The Journal of Saturday was read and approved.
The following message was received from the Senate:
Mr. Speaker :
The Senate has adopted Senate Resolution, No. 25, approving
the course of Governor Isham G. Harris, in refusing to order an
election for members to Congress, and the same is herewith trans¬
mitted for the action of the House of Representatives.
The Senate has passed on third reading, House Bill, No. 7, to
repeal sec. 96 of the Militia Law of Tennessee, passed 28th day
of January, 1840, and the same is herewith returned for enrol¬
ment.
Mr. Roberts presented a petition, unanimously signed, opposing
secession; which was read and ordered to be transmitted to the
Senate.
[^Mr. Sowell presented a memorial, praying a suspension of
the collection of debts until peace shall be restored ; which was
read and ordered to be transmitted to the Senate.
Mr. Woodard obtained leave to record his vote in the negative
upon the passage of House Bill, No. 5, to prevent the collection
of debts owed by citizens of Tennessee, to citizens of non-slave-
holding States during hostilities.
Mr. Williamson obtained leave to reoord his vote in the nega¬
tive on the passage of Senate Bill, No. 1, submitting a Declara¬
tion of Tennessee to the people, and for other purposes.
Committee on Enrolled Bills made the following report:
The Committee on Enrolled Bills has had House Bills, Nos. 5,
and 8 under consideation, and find them correctly engrossed; have
also examined House Resolution No. 18, and find it correctly en¬
rolled.
H. C. LOCKHART, Chairman.
Mr. Farrelly offered House Resolution No. 26, as follows:
Resolved by the General Assembly of the State of Tennsesee%
That the Secretary of State, be, and he is hereby required to
procure and hoist upon the Capitol the flag of the Confederate
States of America.
Resolved, That said Flag shall have ten stars upon it.
Which resolution lies over under the rule.
Mr. Martin offered House Resolution No. 27, as follows :
Retolved, That when this General Assembly adjourns, it shall
62
adjourn to meet again on the day of ■ ■ next, to take into
consideration such matters as the Governor may lay before it.
Which resolution lies over under the rule.
Mr. Ford introduced House Hill, No. 11, To repeal sees. 272,
2S4, 285, 296 of the Code of Tennessee; which passed first
reading.
Mr Ewing introduced House Bill, No. 12, "To suspend the
terms of the Supiene and Chancery Courts;" which passed first
readiug.
The House resumed consideration of the unfinished business,
being Senate amendments to House Bill, No.l, to organize, arm,
and equip a provisional force, and for other purposes.
Mr. Gantt offered the following amendment in lieu of Senate
amendment, No. 8:
In lieu of Senate amendment filling blank with ten cents, fill it
with eight cents, and insert in lieu of 50 per cent, on privileges,
the words one half cent upon the dollar on sales of merchandise,
on invoice cost whether bought in or out of the State of Ten¬
nessee, which said one-half of one per cent, is to be in lieu of
the one-fourth of one per cent, now levied.
Which amendment in lieu was adopted, and concurred in by
the House.
Mr. Whitthorne, (Mr. Gantt in the Chair), moved to reconsider
the vote concurring in Senate amendment, No. 4; which motion
prevailed.
Mr. Whitthorne offered the following amendment to Senate
amendment No. 4:
" The forces authorized by this act shall be mustered into ser¬
vice for the period of twelve months, unless sooner discharged.
Which was adopted and concurred in by the House.
On motion of Mr. Whitthorne, the bill was ordered to be trans¬
mitted to the Senate.
Senate message, being Senate Resolution No. 25, approving of i
the course of Gov. I. G. Harris, in refusing to call an election for
members to Congress, was taken up.
Mr. Martin offered the following amendment:
C " That the people be requested not to vote for Representatives
to the Congress of the United States, in August next. That the
Senators in said Congress from the State of Tennessee, be, and
they are hereby instructed not to attend said Congress, either at
the called or regular session.
On motion of Mr. Porter, the resolution was laid upon the table.
Mr. Gantt entered motion to reconsider Senate Bill, No. 2, in
relation to the payment of interest on State bonds owned by
parties in the Northern States; passed second reading.
Senate Bill, No. 6, to regulate the holding of Courts in the
State of Tennessee, was taken up.
63
Mr. Ford moved to lay the bill upon the table, which motion
failed ; and the bill passed second reading.
House Bill, No. 10, repealing sec. 2638, of the Code of Ten¬
nessee, passed second reading.
House Resolution, No. 16, to submit the action of the Gen¬
eral Assembly in a certain contingency, to the' people for ratifi¬
cation or rejection, was withdrawn, by leave of the House, by Mr.
Harris.
Mr. McCabe obtained leave of absence for Mr. Barksdale.
House Resolution, No. 21, with reference to the Convention of
Border States at Frankfort, Ky., was taken up.
Mr. Vaughn moved to strike out the resolution, and insert the
following :
Be it therefore resolved, That Tennessee, in her devotion to the
old Government of which she was a member, has exhausted every
laudable effort to obtain her rights, and has failed and that she
now appeals to the God of right, and in his hands leaves the
issue.
Whereupon, Mr. Johnson demanded the previous question.
IVJr. Lockhart moved to lay the resolution upon the table;
which motion prevailed.
Representatives voting in the affirmative are :
Messrs. Baker of Perry, Baker of Weakley, Bayless, Cheatham,
Cowden, Critz, Davidson, Dudley, Ewing, Farley, Farrelly, Ford,
Frazier, Gantt, Gillespie, Guy, Harris, Hurt, Ingram, Jones, Ken¬
nedy, Lea, Lockhart, Martin, Mayfield, McCabe, Nail, Pickett,
Porter, Roberts, Smith, Sowell, Trevitt, Vaughn, Williams of
Franklin, Williams of Hickman and Mr. Speaker Whit-
thorn e—37.
Those voting in the negative are:
Messrs. Armstrong, Bicknell, Bledsoe, Britton, Butler, Cald¬
well, East, Gorman, Green, Plavron, Johnson, Kenner, Kincaid of
Anderson, Kincaid of Claiborne, Morris, Morphis, Russell,Senter,
Shrewsbury, White of Davidson, Williams of Knox, Williamson
and Mr. Woodard—23.
House Resolution, No. 23, in regard to the secrecy of Legis¬
lative sessions, was laid upon the table.
Yeas '•••41
Nays 14
Representatives voting in the affirmative are:
Messrs. Baker of Perry, Baker of Weakley, Bayless, Bicknell,
Cheatham, Cow'den, Critz, Davidson, Dudley, East, Ewing, Farley,
Farrelly, Ford, Frazier, Gantt, Gillespie, Guy, Harris, Havron,
Hurt, Ingram, Jones, Kenner, Kennedy, Kincaid *of Claiborne
Yeas
Nays
37
23
64
Lea, Lookhart, Martin, Mayfield, McCabe, Morphia, Nail, Pickett,
Porter, Roberts, Russell, Shrewsbury, Smith, Sowell, Trevitt,
White of Davidson, Williams of Franklin, Williams of Hickman
and Mr. Speaker Whitthorne—44.
Those voting in the negative are:
Messrs. Armstrong, Bledsoe, Brazelton, Britton, Butler, Cald¬
well, Gorman, Greene, Johnson, Kincaid of Anderson, Morris,
Senter, Williams of Knox, Williamson and Mr. Woodard—14.
The Committee on Enrolled Bills made the following report:
The Committee on Enrolled Bills have had House Bill, No 7.
under consideration, and find the same correctly enrolled and
ready for the signature of the Speaker,
Respectfully submitted,
W.N. BAKER, Chairman pro tern.
On motion of Mr.Bicknell, the House adjourned until 3 o'clock
this evening.
AFTERNOON SESSION.
There being no business before the Hpuse, on motion of Mr,
Lea, the House took a recess of three quarters of an hour;
The House was called to order.
The following message was received from the Senate :
Mr. Speaker :
The Senate has adopted Senate Resolution, No. 24, in relation
to printing Hardee's Military Tactics; and Senate Resolution,
No. 26, to furnish each member of the Senate and House of
Representatives with a copy of Hardee's Military Tactics.
Both of which res olutions are herewith transmitted for the action
of the House of Representatives.
I am directed to transmit to the House of Representatives, a
memorial from a Committee appointed by the Committee of
Public Safety of the City of Memphis.
The Speaker of the Senate has signed Joint Resolution, authori¬
zing the Governor to issue to Gapt. Sevier's company, ninety-four
Minnie guns ; and the same has been deposited in the Secretary
of States' office.
65
The Senate has concurred in House amendments to Senate
amendments, to House Bill, No. 1, viz : House amendments Nos.
4, 5, and 8, to said bill; and the same is herewith returned to the
House for enrolment.
The Senate has concurred in House amendments to Senate
Bill, No. 1, to submit to a vote of the people a Declaration of In¬
dependence, and for other purposes.
Senate message, being Senate Resolution, No. 24, in relation
to printing Hardee's Tactics, was concurred in by the House.
Senate message, being Senate Resolution, No, 26, to furnish
each member of the Senate and House of Representatives with
one copy of Hardee's Tactics ; was taken up.
Mr. Whitthorne offered the following amendment :
4' And to the officers of the Senate and House of Representatives
one copy each."
Which was adopted, and the resolution as amended was con¬
curred-in by the House, and ordered to be transmitted to the
Senate.
Mr. Morphis moved to print 10,000 copies of Senate Bill, No. 1,
submitting a Declaration, and for other purposes, for the use of
the State ; which motion failed.
Mr. Cowden moved to print 6,000 ; failed.
Mr. Havron moved to print 5,000 copies; which motion pre¬
vailed.
Mr. Dudley offered House Resolution, No. 28, as follows:
Resolved, That the Sec etary of State be instructed to publish
on the 25th inst., and not before, the Army Appropriation Bill,
and the resolution authorizing a Military League with the South¬
ern Confederacy.
Which resolution lies over under the rule.
A motion to remove secrecy on the part of the House, was
postponed till to-morrow.
Mr. Bennett appeared, took his seat, and obtained leave to
record his vote in the affirmative on the passage of House Bill, No.
1, " To organize, arm and equip a provisional force," and on the
passage of Senate Bill, No. 1, to submit a Declaration of Ten¬
nessee, and for other purposes, and the adoption of a resolution,
authorizing a Military League with the Southern Confederacy,
and other States.
On motion, the House adjourned until 10 o'clock to-morrow
morning,
5h
66
TUESDAY MORNING, MAY 7, 1861.
The House met pursuant to adjournment.
Mr. Speaker Whitthorne in the Chair.
The Journal of yesterday was read and adopted.
Mr. Lockhart obtained leave for the Committee on Enrolled
Bills to retire.
Mr. Dudley offered House Resolution, No. '29, as follows :
Resolved, That the triembers of this Legislature in their indi¬
vidual capacity, file their resignations in the Executive Depart¬
ment of the State, to take effect on the 8th day of June, 1861,
and that the Governor be requested to issue his proclamation for
an election of new members on that day.
Which resolution lies over unde/the rule.
The Committee on Federal Relations returned House Bill, No.2y
and were discharged from its further consideration, and, by leave
of Mr. Porter, withdrew the bill from the files.
Mr. Hebb offered House Resolution, No. 30, as follows:
Resolved by the General Assembly of the Stale of Tennessee, That
a committee of three be appointed by the House to act in con¬
junction with the Senate, to wait upon the Governor to know if
he has any further communication to make to this Legislature.
On motion, the rules were suspended and the resolution adopted,
and ordered to be transmitted to the Senate.
House Bill, No. 11, to repeal sec. 272, 284, 285, 296, of the
Code of Tennessee, passed second reading.
House Bill, No. 12, in regard to the terms of the Courts,
passed seqond reading.
The consideration of Senate Bills, Nos. 2, and 6,'was postponed
till this evening.
House Resolution, No. 25, in reference to an attack by the
Southern forces upon Washington City, was laid upon the table.
Yeas - 35
Nays 18
Representatives voting in the affirmative are:
Messrs. Baker of Perry, Baker of Weakley, Bayless, Bicknell,
Cheatham, Cowden, Davis, Farley, Farrelly, Ford, Frazier, Guy,
Harris, Ingram, Jones, Kennedy, Lea, Lockhart, Mayfield, McCabe,
Morphis, Nail, Pickett, Porter, Roberts, Sheid, Smith, Sowell,
Trevitt, Vaughn, White of Davidson, Whitmore, Williams of
Franklin, Woods and Mr. Speaker Whitthorne—35.
Those voting in the negative are:
Messrs. Armstrong, Bledsoe, Britton, Butler, Caldwell, Gorman,
Greene, Havron^ Hurt, Johnson, Kennel', Kincaid of Ahderson,
67
Kincaid of Claiborne, Morris, Norman, Williams of Knox, Wisener
and Mr. Woodard—18.
House Resolution, No. 26, was taken up.
Mr. Farrelly offered the following in lieu :
Resolved by the General Assembly of the State of Tennessee, That
the Secretary of State be authorized to purchase a substantial
Southern flag, with the coat of arms of the State of Tennessee
on the field thereof
, Resolved, That the Secretary of State be requested to have said
Jag hoisted on the flag-staff* of the Capitol, as an emblem of the
;savereignty and the independence of the State of Tennessee of the
Federal Government of the United States of America.
Mr. Jones offered the following amendment to the resolution
in lieu :
Whenever it is officially ascertained that a majority of the
Voters of Tennessee have declared for independence, or separation.
Mr. Davis moved that the resolution be laid upon the table.
Which motion prevailed.
Yeas 44
Nays 14
Representatives voting in the affirmative are: .
Messrs. Baker of Perrv, Bayless, Bicknell, Bledsoe, Brit-
ton, Butler, Cheatham, Davidson, Davis, Dudley, East, Ewing,
Ford,Gantt, Gillespie, Gorman, Greene, Harris, Havron, Hebb,
Hurt, Johnson, Kenner, Kennedy, Kincaid of Anderson, Kincaid
of Claiborne, Martin, May field, Morris, Morphis, Norman, Porter,
Richardson, Russell, Senter, Shrewsbury ,Trevitt, White of David¬
son, Williams of Franklin, Williams of Knox, Wisener, Woods,
Woodard and Mr. Speaker Whitthorne.—44.
Those voting in the negative are :
Messrs. Farley, Farrelly, Frazier, Guy, Ingram, Jones, Lea,
McCabe, Nail, Pickett, Roberts, So well, Vaughn and Mr. Whit-
more—14.
House Resolution, No. 27, on the adjournment, was taken up.
Mr. Johnson offered the following in lieu.
Resolved, That the General Assembly stand adjourned sine die
to-day at 12 o'clock, M*
On motion, the resolution was passed over informally.
The Chair appointed, under Resolution, No. 30, offered by Mr.
Hebb; the following Committee : Messrs. Hebb, Martin and Guy.
Mr. Gantt offered House Resolution No. 31, as follows :
1, Resolved by the General Assembly of the State of Tennessee,
That in the present unsettled and disturbed posture of public
affairs, it is important that the Banks of the Southern States,
should, at an early day, be represented in a General Convention,
or Congress, to confer and adopt such line of policy as will best
ipromote the general welfare and insure a currency of uniform
value throughout the South.
68
2. Resolved, That said Congress be held at Atlanta, Georgia,
on the 1st Monday in June, 1861, or at such other time and place,
as may be designated by a majority of the States co operating.
3. Resolved, That, Dempse.y Weaver, John Kirkman, G. P.
Smith, D. N. Kennedy. Fred. W. Smith, Moses J. Miggs, John R.
Branner, W. D. Hilton and W. A. Quarles, be appointed delegates
to represent the Banks of Tennessee in said Congress, and that
the Governor notify them of their appointment.
4. Resolved, That copies of these resolutions be forthwith for¬
warded by the Governor of Tennessee, to the Governors of the
several Southern States, with the request that they urge their
Banks to participate in said Congress.
A motion to suspend the rules prevailed, and the consideration
of the resolution was passed over informally.
Mr. Gantt introduced House Resolution, No. 32, as follows:
Resolved by the General Assembly of .the State of Tennessee, That
the injunction of secrecy as to Senate Bill, No. 1, be removed,
and that the secrecy be removed as to the Army Bill, except as
to the I, 2, and sections.
The resolution under the rules lies over.
Mr. Cheatnam offered House Resolution, No. 33, as follows:
Resolved by the General Assembly of the State of Tennessee, That
in the event the voters of this State decide to assume their in¬
dependence on the day of , then the President, Cabinet
and Congress of the Confederate States, now sitting at Mont¬
gomery, Alabama, be, and are hereby invited to the City of Nash¬
ville, if the defence of our countYy, in their judgment, should
make it expedient to do so; and the Capitol is hereby tendered
them.
The resolution under the rules lies over.
House Bill, No. 10, to amend sec. 2638 of the Code, passed
its third reading.
Yeas ; -47
Nays . 5
Representatives voting in the affirmative are :
Messrs. Armstrong, Baker of Perry, Bayless, Bicknell, Bledsoe,
Butler, Caldwell, Cheatham, Davidson, Davis, Ewing, Farley,
Farrelly, Ford, Frazier, Gantt, Gorman, Greene, Guy, Hebb, Hurt,
Ingram, Kenner, Kennedy, Kincaid ot Claiborne, Lea, Lockhart,
Mavfieid, McCabe, Morris, Morphis, Nail, Norman,Porter, Roberts,
Russell, Senter, Smith, Sovvell, Trevitt, Vaughn, White of David¬
son, Whitmore, Williams of Franklin, Wisener, Woods and Mr.
Speaker Whitthorne—47.
Those voting in the negative are :
M essrs. Harris, Jones, Johnson, Martin and Mr. Woodard—5.
Mr. Lockhart, from the Commite Ear oiled Bills, reported
69
that he had examined House Bill, No. 1, and found it correctly
enrolled.
On motion, the House adjourned until 2 o'clock this evening.
AFTERNOON SESSION.
Mr. Morphis demanded a call of the House, which was ordered,
and fhe following Representatives failed to respond to the call, viz :
Messrs. Barksdale, Keaty, Bennett, Bicknell, Brazelton, Britton,
Caldwell, Davidson, Davis, Doak,Ewing, Farley, Farrelly, Gantt,
JHurt, Ingram, Johnson, Kincaid of Claiborne, Porter, Sheid,
Shrewsbury, So well, Trevitt, Trewhitt, Vaughn, White of David¬
son, White of Dickson, Whitmore, Williams of Hickman, Wil¬
liams of Knox and Mr. Williamson—-31.
On motion of Mr. Cowden, the Doorkeeper was dispatched for
absentees.
Messrs. Porter, White of Davidson, Gantt, Bicknell, Brazelton,
Vaughn, Williams of Knox, and Williamson appearing, further
proceedings under the call were dispensed with.
On motion of Mr. Cheatham, the rules were suspended, and
House Resolution, No. 33, tendering the use of this Capitol to the
Southern Congress ; was taken up.
Mr. Martin offered the following amendment: •
"And adopt the Constitution of the Provisional Government of
the Confederate States."
Which was adopted; and the resolution as amended was
adopted.
Yeas 38
Nays 14
Representatives voting in the affirmative are:
Messrs. Baker of Perry, Baker of Weakley, Bayless, "Bicknell,
Cheatham, Cowden, Critz, Dudley, Farrelly, Ford. Frazier, G mtt,
Gorman, Harris, Havron, Hurt, Jones, Ken net*, Kennedy, Kincaid
of Anderson, Lea, Lockhart, Martin, Mayfield, McCabe, Morris,
Morphis, Nail, Pickett, Porter, Richardson, Sowell, Vaughn, White
of Davidson, Whitmore, Williams of Franklin, Woods and Mr.
Speaker Whitthorne—38.
Those voting in the negative are :
Messrs. Armstrong, Bledsoe, Brazelton, Butler, East, Greene,
70
Hebb, Norman, Roberts, Russell, Senter, Williams of Knox*
Wisener.and Mr. Woodard—14.
Senate Bill, No. 2, in relation to the paying of interest on State
bonds owned by parties in the Northern States, was taken up.
Mr. Dudley offered a bill in lieu, which was adopted.
Mr. Dudley offered the following amendment to the bill in lieu:
" This act to take effect from and after its passage which was
adopted, and the bill passed third reading.
Yeas 38
Nays 19
Representatives voting in the affirmative are:
Messrs. Baker of Perry, Bayless, Bicknell, Bledsoe, Brazelton,
Butler, Caldwell, Cheatham, Cowden, Critz, Davis, Dudley, Farley,
Farrelly, Ford, Frazier, Gantt, Greene, Guy, Hurt, Jones, Kennedy,
Lea, Martin, Mayfield, McCabe, Morphis, Nail, Norman, Pickett,
Roberts, Smith, Sowell, Vaughn, White of Davidson, Whitmore,
Williams of Franklin and Mr.Woods—38.
Those voting in the negative are:
Messrs. Armstrong, East, Gorman, Plarris, Havron, Hebb,
Kenner, Kincaid of Anderson, Lockhart, Morris, Porter, Richard¬
son, Russell, Senter, Shrewsbury, Williams of Knox, Wisener,
Woodard and Mr. Speaker Whitthorne—19.
The bill was ordered to be transmitted to the Senate.
The following message was received from the Senate :
Mr. Speaker :
The Speaker of the Senate has signed enrolled act to raise>
organize and equip a Provisional Force, and for other purposes ;
and enrolled act to repeal so much of the 9Gth section of the
Militia Law, passed January 28, 1840, as prescribes an oath to
support the Constitution of the United States, and the same have
been deposited in the office of the Secretary of State.
The Senate has concurred in House amendments to Senate
Bill, No. 1, to submit to a vote of the people a Declaration of
Tennessee, and to call a Convention of the State, and the same
has been enrolled, and is herewith transmitted for the signature
of the Speaker of the House of Representatives.
The Senate has adopted the following resolutions, and the same
are herewith transmitted for the action of the House of Repre¬
sentatives, viz :
Senate Resolution, No. 23, to adjourn on Wednesday, the
8th instant.
Senate Resolution, No. 27 ; directory to the Governor.
Senate Resolution, No. 29, in relation to military appointments
by the Governor,
71
Thfe Senate has passed on third reading Senate Bill, No. 3, to
amend the Militia Law of the State, requiring captains to give
notice, and the same is herewith transmitted for the action of the
House.
Senate Bill, No. 6, " to regulate the holding of Courts in the
State of Tennessee was taken up.
Mr. Martin offered the following amendment:
Sec.—Beit further enacted, That the Justices of the Peace in
this Stale shall hold their courts at their respective officrs but
once in twelve months, and that no Justice of the Peace shall hold
any court or render any judgment after the 20th day of May, 1861,
until after the lapse of twelve months from that day ; provided,
that nothing herein contained shall be so construed as to prevent
Justices of the Peace from issuing attachments and rendering
judgments thereon, as now provided by law.
Mr. Jones moved to lay the amendment upon the table ; which
motion prevailed.
Yeas ■ • 33
Nays 26
Representatives voting in the affirmative are:
Messrs. Armstrong, Baker of Perry, Baker of Weakley, Bledsoe,
Brazelton, Butler, Caldwell, Cheatham, Critz, Farley, Frazier,
Gillespie, Gorman, Greene, Guy, Harris, Ingram, Jones, Kennedy,
Lea, Lockhart, May field, Nail, Norman, Pickett, Porter, Richardson
Roberts, Russell, Whitmore, Williams of Franklin, Wisener and
Mr. Speaker Whitthorne—33.
Those voting in the negative are:
Messrs. Bayless, Bicknell, Davis, Dudley, East, Farrelly, Ford,
Gantt, Havron, Hebb, Hurt, Kenner, Kincaid of Anderson, Martin,
McCabe, Morris, Morphis, Senter, Shrewsbury, Smith, So well,
Vaughn, White of Davidson, Williams of Knox, Woods and Mr.
Woodard-^-26.
Mr. Lockhart offered the following amendment:
Be it further enacted, That when a Sheriff, Constable, or other
officer shall levy an, execution upon personal property, he shall
before the sale of the same, summon three disinterested citizens,
who after being sworn by the levying officer, shall examine and
estimate the reasonable cash valuation of said property, make a
statement and deliver the same to the officer ; and should said
property fail to bring two-thirds of its estimated value, it shall be
no sale, but the lien of the levy shall not be released, and after
four months the officer shall proceed to another valuation and
sale, and so on until a sale is effected, unless the debt be other¬
wise adjusted by the parties.
Be it further enacted, That when no sale is effected, the property
levied upon may remain with the defendant upon his giving bond
72
and security for its delivery to the officer on the day next ap¬
pointed for a sale ; but death or other providential destruction ot
the property, shall be an excuse for non delivery. Delivery bonds
given under this act, shall bear the same force and effect as other
delivery bonds.
Mr. Mayfield moved to lay the bill and amendment upon the
table ; which motion failed.
Mr. Jdhes moved to lay the amendment of Mr. Lockhart upon
the table ; which motion failed.
Representatives voting in the affirmative are :
Messrs. Armstrong, Baker of Perry, Baker of Weakley, Bayless,
Bicknell, Caldwell. Critz, East, Furrelly, Gorman, Greene, Harris,
Hurt, Ingram, Jones, Kenner, Lea, Martin, Mayfield, Nail, Nor¬
man, Pickett, Porter, Whitmore, Williams of Knox, Wisener and
Mr. Speaker Whiuhorne—27.
Those voting in the negative are :
Messrs. Bledsoe, Butler, Ccwden, Davidson, Davis, Dudley,
Ewing, Farley, Ford, Frazier, Gantt, Gillespie, Havron, Hebb,
Kennedy, Ivincaid of Anderson, Lockhart, McCabe, Monis, JMor-
phis, Richardson, Roberts, Senter, Shrewsbury, Smith, Sowell,
Vaughn, White of Davidson, Williams of Franklin, Woods and
Mr. Woodard—31.
Mr. Jones demanded the previous question ; which was not
sustained.
Yeas 21
Nays * 38
Representatives voting in the affirmative are:
Messrs. Baker of Weakley, Bledsoe, Butler, Caldwell, East,
Farley, Greene, Harris, Hurt, Ingram, Jones, Ivincaid of Ander¬
son, Lea, Mayfield, Norman, Pickett, Shrewsbury, Whitmore,
Williams of Knox, Wisener and Mr. Speaker Whitthorne—21.
Those voting in the negative are:
Messrs. Baker of Perry, Bayless, Bicknell, Brazelton, Cowden,
Critz, Davidson, Davis, Dudley, Ewing, Farley, Ford, Frazier,
Gantt, Gillespie, Gorman, Havron, Hebb, Kenner, Kennedy,
Lockhart, Martin, McCabe, Morris, Morphis, Nail, Porter, Rich¬
ardson, Roberts, Russell, Senter, Smith, Sowell, Vaughn,
White of Davidson, Williams of Franklin, Woods and Mr.
Woodard—38.
The amendment offered by Mr. Lockhart was then adopted.
Representatives voting in the affirmative are:
Messrs. Baker of Perry, Bayless, Bicknell, Bledsoe, Brazelton,
Butler, Cowden, Critz, Davidson, Davis, Dudley, Ewing, Farley,
Yeas
Nays
27
31
Yeas
Nays
43
18
73
Ford, Frazier, Gantt, Gillespie, Guy, Ilavron, Hebb, Hurt, Ken¬
nedy, Kincaid of Anderson, Lockhart, McCabe, Morris Morphis,
Nail, Piekett, Porter, Richardson, Roberts, Russell, Senter,
Shrewsbury, Sowell, Trevitt, Vaughn, White of Davidson, Wil¬
liams of Franklin, Woods, Woodard and Mr. Speaker Whit-
thorne—43.
Those voting in the negative are :
Messrs. Baker of Weakley, Caldwell, East, Farrelly, Gorman,
Green, Harris, Ingram, Jones, Kenner, Lea, Martin, Mayfield,
Norman, Smith, Whitniore, Williams of Knox and Mr. Wisener
—18.
Mr. Dudley offered the following amendment:
u And such cases as the State may be a party to, and for the
sale and partition of lands and slaves of deceased persons
which was adopted.
Mr. Gantt offered the following amendment:
Be it enacted by the General Assembly of the State of Tennessee,
That for the trial of civ il causes, "the first term ot the Circuit
Courts of this State shall be held at the first regular term thereof,
occurring after the lapse of twelve months from the passage of
this act, and for the trial of said causes the tirst term of the
Chancery and Supreme Courts of this State shall be held at the
first regular term thereof, occurring after the expiration of twelve
months from the passage of this act: Provided, however, That
nothing herein contained shall prevent said Circuit Courts from
holding their regular sessions as now provided by law, and cases
to which the State may be a party, for the trial of criminal cases,
nor to prevent either the Chancery or Circuit Courts of the State
from hearing and disposing of ex parte causes for the sale of pro¬
perty for division, but no judgment or decree shall be rendered
upon any note or notes in such cases, until the expiration of the
period of twelve months from the passage of this act.
Be it further enacted, That from and after the passage of this
act, the remedy by motion for the non return or in sufficient
return of executions is hereby repealed.
Be it further enacted, That no judgment shall be rendered by
any Justice of the Peace in any civil cause, until the expiration of
twelve months from the passage of this act.
Mr. Jones offered the following amendment to Mr. Gantt's
amendment:
That the County of Overton is exempted from the provisions
of this act ; which failed.
The amendment of Mr. Gantt was then adopted.
Yeas . 39
Kays 23
74
Representatives voting in the affirmative are :
Messrs. Baker of Perry, Bayless, Caldwell, Cheatham, Cowden,
Critz, Davis, Dudley, Ewing, Farley, Ford, Frazier, Gantt, Gor¬
man, Guy, E avion, Hebb, Hurt, Ingram, Kincaid of Anderson,
Lockhart, Martin, McCabe, Morris, Morphia, Nail, Pickett, Porter,
Richardson, Russell, Shrewsbury, Smith, Sowell, Trevitt, Vaughn,
White of Davidson, Williams of Franklin, Wisener and Mr.
Woods—39.
Those voting in the negative are :
Messrs. Baker of Weakley, Bledsoe, Brazelton, Butler, David¬
son, East, Farrelly, Gillespie, Greene, Harris, Jones, Kenner,
Kennedy, Lea, Mayfield, Norman, Roberts, Senter, Whitmore,
Williams of' Knox, Williamson, Woodard and Mr. Speaker Whit-
thorne—23.
Air. Gantt offered an additional amendment, authorizing the
Banks of this State to issue notes of any denomination not less
than one dollar, and suspending temporarily the operations of
any of the provisions of the Bank Code which the exigency of
the times may make necessary.
Which amendment was adopted.
Representatives voting in the affirmative are : >
Messrs. Bayless, Bicknell, Cheatham, Cowden, Critz, Davis,
Dudley,Ewing, Ford, Frazier, Gantt, Harris, Hebb, Ingram, Jones,
Kenner, Kennedy, Martin, McCabe, Morphie, Nail, Pickett, Porter,
Smith, Sowell, Trevitt, Vaughn, White of Davidson, Whitmore,
Williams of Franklin and Mr. Woods—31.
Those voting in the negative are :
Messrs. Armstrong, Baker of Perry, Baker of Weakley, Bledsoe,
Butler, Caldwell, Davidson, Farley, Farrelly, Gorman, Hurt,
Kincaid of Anderson, Lea, Lockhart, Mayfield, Morris, Norman,
Richardson, Roberts, Senter, Shrewsbury, Williams of Knox, Wil¬
liamson, Wisener, Woodard and Mr. Speaker Whitthorne—26.
The bill as amended was then rejected.
Yeas 25
Nays 41
Representatives voting in the affirmative are:
Messrs. Bayless, Bicknell, Cheatham, Cowden, Critz, Davis,
Ewing, Ford, Gantt, Havron, Hebb, Hurt, Lockhart, Martin,
McCabe, Morphis, Nail, Pickett, Russell, Smith, Sowell, Vaughn,
and Mr. White of Davidson—25.
Those voting'in the negative are :
Messrs. Armstrong, Baker of Perry, Baker of Weakley, Bledsoe,
Brazelton, Butler, Caldwell, Davidson, Dudley, East, Farley, Far-
Yeas
N ays
31
26
75
relly, Flakier, Gillespie, Gorman, Greene, Guy, Harris, Ingram
Jones, Keuner, Kennedy, Kincaid of Anderson, Lea, Mayfield,
Morris, Norman, Porter, Richardson, Roberts, Senter. Shrewsbury,
Trevitt, Whitmore, Williams of Franklin, Williams of Knox, Wil¬
liamson, Wisener, Woods, Woodard and Mr. Speaker Whit-
thorne—41.
The Special Committee appointed to wait upon the Governor,
submitted the following report:
The Committee appointed by this House to act in conjunction
with a Committee on the part of the Senate, to wait upon the
Governor to ascertain if he has any further communication to
make to this body, beg leave to report that they have discharged
that duty, and report that he informed them that he had no further
communication to make.
W. W. GUY, Chairman.
Mr. Whitlhorne, (Mr. Wisenfcr in the Chair), offered House
Resolution, No 34, as follows :
Resolved hy the General Assembly of the State of Tennessee, That
the Bank of Tennessee be, and they are hereby authorized and
instructed to discount the bonds of the State of Tennessee issued
or to be issued to the Nashville and Northwestern Railroad Com¬
pany, in order to enable said Company to complete its road at the
earliest practicable moment.
The resolution under the rule lies over.
Senate Resolution No. 23, on adjourning, was made the special
order for ten o'clock to-morrow.
Senate Resolution, No. 27, directory to the Governor; was
taken up.
Mr. Ewing moved to amend by striking out" robbery" in the
last line, and insert " unlawful seizure which was adopted, and
the resolution was concurred in.
Senate Resolution, No. 29, providing for the confirmation of
officers, etc., was concurred in by the House.
Yeas • 38
Nays 25
Representatives voting in the affirmative are:
Messrs. Baker of Perry, Baker of Weakley. Rayless, Bicknell,
Bledsoe, Braztlton, Cheatham, Cowden, Ciitz, Davidson, Davis,
Dudley, Farley, Ford, Frazier, Gantt, Guy. Harris, Ingram,
Jones, Kennedy, Lea, Lockhart, Martin, Mayfield, McCabe, Nail,
Pickett, Porter, Roberts, Smith, Sowell, Trevitt, Vaughn, White of
Davidson, Williams of Franklin, Woods and Mr. Speaker Whit-
thorne—38.
Those voting in the negative are:
M essrs. Armstrong, Butler, Caldwell, East, Ewing, Farrelly, Gil-
76
lespie, Gorman, Greene, Havron, Hebb, Hurt, Kenner, Kincaid
of Anderson, Morris, Morphis, Norman, Richardson, Russell,
Senter, Shrewsbury, Whitmore, Williamson, Wist ner and Mr.
Woodard—25.
Mr. Harris moved to reconsider the vote adopting the resolu¬
tion ; which motion prevailed.
When, on motion of' Mr. Harris, the second resolution was
stricken out.
On motion of Mr. Gantt, the words "the next succeeding Legis¬
lature" were stricken out, and "by the General Assembly, when
next in session," was inserted.
On, motion, the resolution was made the special order for 10
o'clock to morrow.
Senate Bill, No. 3, to amend the Militia Laws of the State
requiring Captains to give notice, passed first reading.
On motion of Mr. Jones, the* rules were suspended, and the
House took up House Resolution, No, 32.
Mr. Brazelton offered the following resolution in lieu:
Resolvi d by the General Assembly of the State of Tennessee, That
the injunction of secrecy as to the proceedings of this General
Assembly be, and the same is hereby removed ; which motion
was adopted.
Yeas *43
Nays 19
Representatives voting in the affirmative are :
Messrs. Armstrong, Baker of Perry, Baker of Weakley, Bay-
less, BickneJl, Bledsoe, Brazelton, Butler, Caldwell, Cheatham,
Cowden, Davidson, East, Evving, Gantt, Gjllespie, Gorman, Greene,
Guy, Harris, Havron, Jones, Kenner, Kennedy, Kincaid of Ander¬
son, Mayfield, McCabe, Morris, Morphis, Nail, Norman, Pickett,
Richardson, Russell, Senter, Sowell, Trevitt, Whitmore, Williams
of Knox, Wisener, Woods, Woodard and Mr. Speaker Whit-
thorne—43.
Those voting in the negative are:
Messrs. Davis, Dudley, Farley, Farrelly, Ford, Frazier, Hebb,
Hurt, Ingram, Lea, Lockhart, Martin, Porter, Roberts, Sheid,
Shrewsbury, Smith, Vaughn and Mr. White of Davidson—19.
The resolution was then adopted, and ordered to be transmitted
to the Senate.
The following message was received from the Senate :
Mb. Speaker :
I am directed by the Senate to transmit to the House of Repre¬
sentatives a message from His Excellency, the Governor, together
with a duplicate copy of a convention between the Commissioner
77
of the Confederate States of America, and Commissioners ap¬
pointed by the State of Tennessee.
The Senate has adopted Senate Resolution, No. 31, to confirm
and ratify a military league, entered into this day between the
State of Tennessee, and the Confederate States of America, and
the same is herewith transmitted for the action of the House of
Representatives.
On motion of Mr. Havron, 2,500 copies of House Bill, No. 1,
to organize and equip a provisional force, was ordered to be
printed for the use of-the House
The following message was received from the Senate :
Mr. Speaker:
.The Senate "has concurred in House Resolution. No. 3o, to re¬
move the injunction of secrecy from the proceedings of the Legis¬
lature, and the same is herewith returned for enrolment.
The Senate has adopted Senate Resolution No. 30, to remove
the obligation of secrecy, and to print certain bills, and the
same is herewith transmitted for the action of the House.
message of the governor.
Executive Department,
Nashville, May 7, 1861.
Gfentlemen of the Senate
and House of Representatives :
By virtue of the authority of your joint resolution, adopted on
the 1st day of May, inst., I appoint Gustavus A. Henry, of the
county of Montgomery, Archibald O. W. Totten, of the county of
Madison, and Washington Barrow, of the county of Davidson,
"Commissioners, on the part of Tennessee, to enter into a Mili¬
tary League with the authorities of the Confederate States, and
with the authorities of such other slaveholding States as may wish
to enter into it; having in view the protection and defence of the
entire South against the war that is now being carried on against
it."
The said Commissioners met the Hon. Henry W. Billiard, the
accredited representative of the Confederate States, at A asiiville,
on this day, and have agreed upon and executed a Military
League between the State of Tennessee and the Confederate
States of America, subject, however, to the ratification of the two
Governments, one of the duplicate originals of which I herewith
transmit for your ratification or rejection. For many cogent and
obvious reasons, unnecessary to be rehearsed to you, i respectfully
recommend the ratification of this League at the earliest practica¬
ble moment.
Very respectfully,
ISHAM G. HARRIS.
78
Convention between the State of Tennessee, and the Confederate
States of America.
The State of Tennessee, looking to a speedy admission into
the Confederacy established by the Confederate States of America,
in accordance with the Constitution for the provisional Govern¬
ment of said States, enters into the following temporary Conven¬
tion, Agreement and Military League, with the Confederate
States, for the purpose of meeting pressing exigencies affecting
the common rights, interests, and safety of said States, and said
Confederacy.
First.—Until the said State shall become a member of said
Confederacy according to the Constitution of both powers, the
whole military force, and military operations, offensive and de¬
fensive of said State, in the impending conflict with the United
States, shall be under the chief control and direction of the Presi-
dentof the Confederate States upon the same basis, principles and
footing, as if said State were now, and during the interval a mem¬
ber of said Confederacy, said force, together with that of the Con¬
federate States, to be employed for the common defence.
Second—The State of Tennessee will, upon becoming a mem¬
ber of said Confederacy, under the permanent Constitution of
said Confederate States, if the same shall occur, turn over to said
Confederate Statfes, all the public property acquired from the
United States, on the same terms, and in the same manner, as the
other States of said Confederacy, have done in like cases.
Third.—Whatever expenditures of money, if any, the said State
of Tennessee shall make before she becomes a member of said
Confederacy, shall be met and provided for by the Confederate
States.
This Convention entered into and agreed in the City of Nash¬
ville, Tennessee, on the seventh day of May, A. D. 1861, by
Henry W. Hilliard, the duly authorized Commissioner to act in
the matter for the Confederate States, and Gustavus A. Henry,
Archibald 0. W. Totten, and Washington Barrow, Commissioners
duly authorized to act in like manner for the State of Tennessee—
the whole subject to the approval and ratification of the proper
authorities of both Governments respectively.
In testimony whereof, the parties aforesaid have herewith set
their hands and seals, the day and year aforesaid, in duplicate
originals.
HENRY W. HILLIARD, [seal.]
Commissioner for the Confederate States of America.
GUSTAVUS A. HENRY, [seal.'
A. O. W. TOTTEN, [seal.
WASHINGTON BARROW, [seal.;
Commissioners on the part of Tennessee.
79
Senate message, being Senate Resolution, No. 34, ratifying the
action of the Commissioners on the part of Tennessee, etc.; was
concurred in by the House.
Yeas • • 45
Nays 16
Representatives voting in the affirmative are :
Messrs. Baker of Perry, Baker of Weakley, Bayless, Bennett,
Bicknell, Bledsoe, Cheatham', Critz, Cowden, Davidson, Davis,
Dudley, Ewing, Farley, Farrelly, Ford, Frazier, Gantt, Guy, Hav-
ron, Hurt, Ingram, Jones, Kenner, Kennedy, Lea, Lockhart, Mar¬
tin, Mayfield, McCabe, Morphis, Nail, Pickett, Porter, Richardson,
Roberts, Sheid, Smith, Sowell, Trevitt, Vaughn, -Whitmore, Wil¬
liams of Franklin, Woods and Mr. Speaker Whitthorne—45.
Those voting in the negative are :
Messrs. Armstrong, Brazelton, Butler, Caldwell, Gorman, Greene,
Kincaid of Anderson, Morris, Norman, Russell, Senter, Shrews¬
bury, White of Davidson, Williams of Knox, Wisener and Mr.
Woodard-—16.
^Senate Resolution, No. 30, to remove the obligation of secrecy,
and to publish the proceedings of the Legislature ; was concurred
in by the House.
Mr. Havron, obtained leave to change his vote on the adoption
of the resolution authorizing the formation of a military league
with the Confederate States of America, and with other Southern
States, from the negative to the affirmative.
On motion of Mr. Maj field, the House adjourned until to¬
morrow morning half past nine o'clock.
WEDNESDAY MORNING, MAY 8, 1867.
The House met pursuant to adjournment.
Mr. Speaker Whitthorne in the Chair.
Prayer by the Rev. Dr. Quintard.
The Journal of yesterday was read and approved.
The following message was received from the Senate :
Mr. Speaker :
I am directed to transmit for the signature of the Speaker of
80
the House of Representatives, the following enrolled joint resolu¬
tions, and the same are herewith transmitted, viz :
Joint resolution ratifying and confirming a Military League with
the Confederate States of America.
Joint resolution directory to the Governor.
Joint resolution in relation to printing Hardee's Tactics.
Joint resolution to furnish members and officers of the Senate
and House of Representatives with a copy of Hardee's Tactics.
Also enrolled act to amend the Railroad Laws
The Senate has passed on third reading, House Bill, No. 8, to
amend sec. 4743 of the Code ; and the same is herewith returned
for enrolment.
The Senate lias concurred in House Resolution, No. 33, inviting
the President, Cabinet and Congress of the Confederate States of
America to come to Nashville, in the event that the people of
Tennessee declare themselves independent of Federal authority,
and tendering them the Capitol; and the same is herewith re¬
turned for enrolment.
Mr. Hebb offered House Resolution, No. 35,-as follows:-
Be it resolved by the General Assembly of the State of Tennessee,
That th e Judges of the different judicial districts, and the Chan¬
cellors be requested to postpone their courts from time to time,
until, in their judgment, it may be necessary to proceed in the usual
way of business.
Which lies over under the rule.
Mr. Farley offered House Resolution, No. 36, as follows:
Be it resolved by the General Assembly of Tennessee, That it
shall be the duty of the Colonels of the different regiments of this
State, which may hereafter be mustered-into the service of the
Confederate States of America, to hold an election in camp on
the 8th day of June, 1861, for the purpose of taking the vote by
ballat of all qualified voters, who shall be either serving as sol¬
diers or officers of said regiments, upon the questions submitted
to the people of Tennessee, by an act to submit to a vote of the
people a Declaration of Independence, and for other purposes,
passed May C, 1861, and that the forms of proceeding prescribed
by said ac£ so far as the same shall be observed in said election,
and it shall be the duty of the Colonel of each regiment to certify
the result of said election in his own particular regiment to the
Secretary of State, which vote given and certified, shall have the
same effect precisely, as if the same had been given in the mode
prescribed by the act above referred to.
The resolutfon lies over under the rule.
The Committee on Enrolled Bills made the following report:
The Committee on Enrolled Bills have examined House Bill,
No. 10, and House Resloution, No. 33, and find them correctly
engrossed.
H. C. LOCKHART, Chairman.
81
The special order lor this hour, Senate Resolution, No. 23, to
adjourn on Wednesday, was taken up.
Mr. Jones offered the following amendments:
1. Strike out Wednesday, 8th May, and insert, Thursday, 9th
May, at 2 o'clock.
2. Strike out all after the words 2 o'clock P. M., and insert
sine ide.
iMr.Jone* ' firs' amendment was adopted.
Mr. Lockhart offered the following amendment to the amend¬
ment of Mr. Jones.
Provided, That should the Legislature assemble again before
the next regular session, no mileage shall be allowed members
for that session, except so much as will pay the actual expenses
of travelling to and from the Capitol.
Mr. Cheatham moved the postponement of the resolution till
10 o'clock to-morrow morning ; which motion failed.
Yeas , d .. 25
Nays "... 35
Representatives voting in the affirmative are :
Messrs. Baker of Perry, Bayless, Bicknell, Brazelton, Cheatham,
Davidson, Farley, Farrelly, Gan.tt, Harris, Hurt, Ingram, Kennedy,
Martin, McCabe, Morris, Nail, Pickett, Porter, Sowell, Trevitt,
Vaughn, White of Davidson, Whitmore and Mr. Williams of
Franklin—25.
Those voting in the negative are:
Messrs. Armstrong, Baker of Weakley, Bledsoe, Caldwell, Cow-
den, Critz, Dudley, Ford, Frazier, Gillespie, Gorman, Greene, Guy,
Havron, Hebb, Jones, Kenner, KincaM of Anderson, Lea, Lock-
hart, Mayfield, Morphis, Norman, Richardson, Roberts, Russell,
Senter, Sheid, Shrewsbury, Smith, Williams of Knox, Wisener,
Woods, Woodard and Mr. Speaker Whilthorne—35.
Mr. Ford demanded the previous question ; which was not sus¬
tained.
Mr. Jones moved to lay^the amendment of Mr. Lockhart upon
the table; which motion failed.
The amendment by Mr. Lockhart was then rejected.
Yeas 30
Nays • • 30
Representatives voting in the affirmative are :
Messrs. Armstrong, Baker of Perry, Baker ot Weakley, Bayless,
Bledsoe, Cowden, Critz, Davidson, Dudley, Farley, Ford, Frazier,
Gantt, Harris, Havron, Hebb, Ingram, Kennedy, Lockhart, Mar¬
tin, Mayfield, McCabe, Morris, Nail, Roberts,Sheid, Smith, Sowell,
Trevitt and Mr. Woods—30.
6 H
62
Those voting in the negative are:
Messrs. Bicknell, Brazelton, Butler, Caldwell, Cheatham, Far-
relly, Gillespie, Gorman, Greene, Guy, Jones, Johnson, Kenner,
Kincaid of Anderson, Lea, Morphis, Norman, Porter, Richardson,
Russell, Senter, Shrewsbury, Vaughn, White of Davidson, Whit-
more. Williams of Franklin, Williams of Knox, Wisener, Wood-
ard and Mr. Speaker Whitthorne—30.
On motion of Mr. Kennedy, Mr. Jones'second amendmentwas
laid upon the table.
Yeas 33
Nays 30
Representatives voting in the affirmative are :
Messrs. Baker of Perry, Baker of Weakley, Bayless, Brazelton,
Cheatham, Cowden, Davidson, Dudley, Ewing. Farley, Ford, Fra-
zier, Gantt, Harris. Hebb, Hurt, Ingram, Kennedy, Lockhart,
Martin, McCabe, MayfielJ, Nail, Pickett, Porter, Roberts, Sheid,
Smith, Sowell, Vaughn, White of Davidson, Woods and Mr.
Speaker Whitthorne—33.
Those voting in the negative are :
Messrs. Armstrong, Bicknell, Bledsoe, Butler, Caldwell, Critz,
Farreliy, Gillespie, Gorman, Greene, Guy, Havron, Jones, Johnson,
Kenner, Kincaid of Anderson, Lea, Morris, Morphis, Norman,
Richardson, Russell, Senter, Shrewsbury, Trevitt, Whitmore, Wil¬
liams of Franklin, Williams of Knox, Wisener and Mr. Woodard
—30
Mr. Lockhart offered the following amendment:
" Provided, That during this adjournment herein provided for,
no per diem shall he allowed members which was adopted.
The resolution as amended was then adopted.
Representatives voting in the affirmative are :
Messrs. Baker of Perry, Baker of Weakley,|Bayless, Bledsoe-,
Cheatham, Cowden, Davidson, Dudley, East, Ewing, Farley,
Ford, Frazier, Gantt, Hebb, Hurt, Ingram, Kennedy, Lockhart,
Martin, May field, McCabe, Morphis, Nail, Pickett, Porter, Roberts,
Sheid, Smith, Sowell, Vaughn, White of Davidson, Woods and
Mr. Speaker Whitthorne—33.
Those voting in the negative are:
Messrs. Armstrong, Bicknell, Brazlton, Butler, Caldwell, Critz,
Farreliy, Gillespie, Gorman, Greene, Harris, Havron, Jones, John¬
son, Kenner, Kincaid of Anderson, Lea, Morris, Norman, Richard¬
son, Russell, Senter, Shrewsbury, Trevitt, Whitmore, Williams
of Franklin, Williams of Knox, Wisener and Mr. Woodard—29.
The resolution was ordered to be transmitted to the Senate.
Mr. Gantt offered House Resolution, No. 37, as follows:
Yeas
Nays
33
29
83
Resolved by the Greneral Assembly of the State of Tennessee,
That the banks of this State be authorized to issue notes of any
denomination, not less than the sum of one dollar, and that they
be authorized to pay oat the notes of any 6f the Banks of the
Southern States that they are willing to receive on deposit, or
take in payment of debts due them.
Resolved further, That the Supervisor of banks, by and with
the concurrence in writing, of the Military and Financial Board,
may temporarily suspend the operation of any provision of the
bank code when in their judgment the public good demands it.
The suspension to date from the time they file with the Secretary
of State their written resolution to that effect.
On motion, the rules were suspended, and the resolution was
adopted.
Yeas 31
Nays.., 29
Representatives voting in the affirmative are :
Messrs. Bayless, Bickneli, Cheatham, Cowden, Critz, Davidson,
Dudley, Ewing, Farley, -Farrelly, Ford, Gantt, Havron, Hurt,
Ingram, Jones, Kenner, Kennedy, Mayfield, Martin, McCabe,
Morphis, Nail, Pickett, Sheid, Smith, Sowell, Trevitt, Vaughn,
White of Davidson and Mr. Whitmore—31.
Those voting in the negative are:
Messrs. Armstrong, Baker of Weakley, Bledsoe, Butler, Cald¬
well, Frazier, Gillespie, Gorman, Greene, Guy, Harris, Hebb,
Johnson, Kincaid of Anderson, Lea, Lockhart, Morris, Norman,
Porter, Richardson, Roberts, Russell, Senter, Shrewsbury, Wil¬
liams of Knox, Wisener, Woods, Woodard and Mr. Speaker
Whitthorne—29.
The resolution was ordered to be transmitted to the Senate.
The following message was received from the Senate:
Me. Speaker :
The Senate has amended and passed on third reading, House
Bill, No. 5,, " to prevent the collection of debts owed by citizens
Tennessee to citizens of the non slaveholding States during hostili¬
ties."
Which bill with amendments, are herewith transmitted to the
House of Representatives for further action thereon.
House Resolution, No. 31, providing for a Bank Congress, was
adopted.
Yeas 40
Nays ..17
Representatives voting in the affirmative are :
Messrs. Baker of Perry, Baker of Weakley, Bayless, Bickneli,
Bledsoe, Brazelton, Cheatham, Cowden, Critz, Davidson, Dudley
Ewing, Farley, Farrelly, Ford, Frazier, Gantt, Gillespie, Harris
84
Havron, Hebb, Hurt, Ingram, Jones, Kenner, Kennedy, Martin,
McCabe, Morphis, Nail, Porter, Sheid, Smith, Sowell, Trevitt,
Vaughn, White of Davidson, Whitmore, Woods and Mr. Speaker
Whitthorne—40.
Those voting in the negative are :
Messrs. Butler, Caldwell, Gorman, Greene, Johnson, Kincaid of
Anderson, Lea, Lockhart, Morris, Norman, Richardson, Roberts,
Senter, Shrewsbury, Williams of Knox, Wisener and Mr Wood-
ard—17.
The resolution was ordered to be transmitted to the Senate.
Mr. Johnson offered House Resolution No. 38, as follows:
Resolved, (the Senate concurring,) That this General Assembly
adjourn this day, at 2 o'clock, sine die.
Mr. Johnson moved to suspend the rules and take up the reso¬
lution.
The motion to suspend the rules failed,
N eas 7
Nays 53
Representatives voting in the affirmative are:
Messrs. Butier. Greene, Jones, Johnson, Kincaid of Anderson,
Senter and Air. W7illiams of Knox—7.
Those voting in the negative are :
Messrs. Baker of Perry, Baker of Weakley, Bicknell, Bledsoe,
Brazelton, Caldwell, Cheatham, Cowden, Critz, Davidson, budley,
East, Ewing, Farley, Farrelly, Ford; Frazier, Gillespie, Gorman,
Guy, Harris, Havron, Hebb, Hurt, Ingram, Kenner Kennedy, Lea,
fLockhart, Martin, Mayfield, McCabe, Morris, Morphis, Nail,
'Norman, Pickett, Porter. Richardson, Roberts, Russell, Sheid,
Smith, Sowed, Trevitt, Vaughn, White of Davidson, Whiiinore,
Williams ot Franklin, Wisener, Woods, Woodard and Mr.
Speaker Whitthorne—53.
Senate message, being Senate amendment to Hou-e Bill, No.
5, to prevent the collection of debts owed by citizens of Tennessee,
to citizens of the non-slaveholding States during hostilities, was
taken up.
Amendments Nos. 1 and 2, were concurred in by the House.
Amendment No. 4, '* protecting the interests of the people,"
Mr. Johnson moved to lay upon the table ; the m» tion failed.
Yeas * 7
Nays - 49
Representatives vot ng in the affirmative are :
Messrs. Armstrong, Butler, Johnson, Norman, Senter, Wisener
and Mr. Woodard—7.
Those voting in the negative are:
Messrs. Baker, of Perry. Baker of Weakley, Bay less, Bicknell,
Bled soe. Brazelton, Chettham, Cowden, Critz, Davidson, Dudley,
East, Ewing, Farrelly, Ford, Frazier, Gantt, * Gillespie, German,
Guy, Harris, Havron, Hebb, Hurt, Ingram, Jones, Kenner, Ken-
85
nedy, Kincaid of Anderson, Lea, Lockhart, Martin, McCabe, Mor¬
ris, Morphis,Nail, Porter, Richardson, Roberts, Sheid, Smith,Sowell,
Trevitt, Vaughn, White of Davidson, Whitinore, Williams of
Franklin, Woods and Mr. Speaker Whitthorne—49.
The amendment was then concurred in.
Yeas < • «36
Nays 17
Representatives voting in the affirmative are:
Messrs. Baker of Weakley, Ba> less, Bicknell, Cheatham, Cow-
den, Critz, Davidson, Dudley, Ewing, Farrelly, Ford, Frazier,
Gantt, Gorman, Guy, Harris, Havron, Hebb, Ingram, Kennedy,
Kincaid of Anderson, Martin, McCabe, Nail, Pickett, Porter,
■ Richardson, Roberts, Sheid, Smith, Sowell, Trevitt, Vaughn,
White of Davidson, Whitmore, Williams of Franklin and Mr.
Woods—36.
Those voting in the negative are:
Messrs. Bledsoe, Butler, East, Greene, Hurt, Jones, Johnson,
Lea, Lockhart, Mayfield, Morris, Morphis, Norman, Russell, Sen-
ter, Woodard and Mr. Speaker Whitthorne—17.
Senate amendment No. 5, was concurred in.
On motion of Mr Harris, the vote concurring in amendment
No. 4, was reconsidered, and the House non-concurred.
The vote concurring in amendment No. 5, was reconsidered,
and the House non concurred.
The bill was ordered to be transmitted to the Senate.
Senate Resolution, \o. ^9, was >assed over informally.
Senate Bill, No. 3, to amend the Militia Laws of the State ;
passed second reading.
Mr. Ewing, by leave of the House, introduced House Resolution,
No. 39, as follows : *
Resolved by the General Assembly of the State of Tennessee,
That we have received with profound regret, intelligence of the
fact that an armed force, under orders from the Governor of
Illino:s, is stationed at Cairo with instructions to interfere unlaw¬
fully with the free navigation of the Mississippi; and that the
commander of said force in obedience to orders from the Governor
ofTllinois, has unlawfully detained a boat and cargo, the property
of citizens of Tennessee, in violation of the rights of the people
of this State, dangerous to the peaceful relations, and destructive
.of the best interests of the people of the States respectively.
2d. In view of this unlawful detention and seizure of the pro¬
perty and effects of the citizens of Tennessee, and usurpation of
authority in obstructing the free navigation of the Missistippi, we
most solemnly reiterate the declaration of rights of the people of
Tennessee, " That an equal participation of the free navigation
of the Mississippi, is one of the inherent rights of the citizens of
86
this State ; it cannot, therefore, be conceded to any prince, poten¬
tate, power, person or persons whatever and in vindication of
this right, we pledge our lives, our fortunes and our sacred honors.
On motion, the rules were suspended, and the resolution was
adopted.
Yeas 49
Nays 2
Representatives voting in the affirmative are :
Messrs. Baker of Perry, Baker of Weakley, Baylees, Bicknell,
Caldwell, Cheatham, Cowden, Critz, Davidson, Dudley, East,
Ewing, Farrelly, Ford, Frazier, Gantt, Gorman, Guy, Harris, Hav-
ron; Hebb, Hurt, Ingrain, Kenner, Kennedy, Kincaid of Ander¬
son, Lea, Lockhart, Martin, MeCabe, Morris, Morphis, Nail,
Norman. Pickett, Porter, Roberts, Russell, Sheid, Smith, Sowell,
Trevitt, Vaughn, White of Davidson, Whitmore, Williams ofFrank*
lin, Woods, Woodard and Mr. Speaker Whitthorne—49.
Those voting in the negative are :
M essrs. Johnson and Senter—2.
Mr. Mayfield was excused from voting.
The resolution was ordered to be transmitted to the Senate.
On motion, the House adjourned till half-past two o'clock this
evening.
AFTERNOON SESSION.
House Bill, No. 11, to repeal sections of the Code; was re¬
jected.
Yeas • •. • - • • • 19
Nays 31
Representatives voting in the affirmative are:
Messrs. Bledsoe, Caldwell, Cowden, Critz, Davis, Dudley, Far¬
relly, Ford, Frazier, Gorman, Greene, Guy, Kenner, Lockhart,
Pickett, Senter, Sowell, Vaughn and Mr. White of Davidson—19.
Those voting in the negative are ;
Messrs. Baker of Perry, Baker of Weakley, Bayless, Brazelton,
Butler, Cheatham, Davidson, Ewing, Gillespie, Harris, Havron,
Ingram, Jones, Kennedy, Kincaid of Anderson, Mai tin, Mayfield,
McCabe, Morris, Nail, Norman, Richardson, Roberts, llusaell,
m
Sheid, Smith, Trevitt, Whitmore, Woods, Woodard and Mr.
Speaker Whinhorne—31.
The following message from the Governor, was presented by
the Secretary of State, Hon. J. E. R. Ray,
Executive Department,
Nashville, May 8, 1861.
Gentlemen of the Senate and -
House of Representatives:
In answer to your resolution of the 7th inst., requesting certain
information, I have to reply that I have not received either from
the Governor of the State of Illinois, or the President of the
United States, any communication whatever "in relation to the
recent capture of property belonging to the State and citizens of
Tenn essee ' near Cairo, Illinois. As soon as I was informed of
the seizure of the steamboat IT illtrian, with the cargo, I immediate¬
ly addressed letters to the Governor of the State of Illinois and
the President of the United States, copies of which I herewith
transmit. Shortly thereafter, becoming satisfied in my own mind,
from all ihe facts and circumstances, that the detention of the
steamboat Hillrnan. and the capture of her cargo, were authorized
by the Government, and learning that there was in the hands of
Jesse Thomas, Surveyor of the Port of Nashville, an amount of
bonds and money belonging to the United States, I demanded
and required said Surveyor to deposit the same in the Bank of
Tenrie.>see for the indemnity of the State against loss from this
lawless seizure.
I herewith send you a statement of the amount and character of
the fund surrendered by the Snrveyor, as receipted for by the
Cashier of the Bank of Tennessee, amounting in the aggregate
to $74,460 99, which fund is subject to such order or disposition
as the Legislature may see proper to make respecting it. Care
should be taken, howt-ver, in any disposition that may be made of
it, that the Surveyor should be fully indemnified against personal
liability or loss.
Respectfully, ISHAM G. HARRIS.
gov. harris to the governor of illinois.
Executive Department,
A ashville, Term , April 29, 1861.
To His Excellency, R. Yates, Governor, fyc., Springfield, Illinois :
Sir : An armed lorce stationed at Cairo, Illinois, proceeded on
thd 26th ii ist , on the steamboat Swallow to meet and seize upon
the steamboat C. E. Hillrnan, owned by citizens of Tennessee, and
hercorgo, the propei tv of the State of Tennessee and her citi¬
zens. 1 desire to kn w whether said proceeding was authorized
by j*our Excellency, and to inquire for what purpose and with what
object said act was done. Being done on the Mississippi river,
88
your Excellency is of course aware that this seizure is aggressive
and hostile. The obstruction of the navigation of the Missis¬
sippi river and the seizure of public and private property by an
armed force are violations of the comity of States and a palpable
infringement of the Constitution, unauthorized, I trust, by your
Excellency or the Federal Government; and before pronouncing
thereon, it is due alike to the State of Illinois and the State of
Tennessee, that I should respectfully call the attention of your
Excellency to the facts communicated herein, and know if the
same were authorized by you, and if authorized, to demand that
your Excellency will cause the immediate restoration of said boat
C. E. Hillman with her cargo to the officers and owners thereof.
An earlv reply is respectfully requested.
Very respectfully, 1SHAM G. HARRIS, .
Governor of Tennessee.
Governor Harris to the President.
Executive Department,
Nashville, Tenn , April 29, 1861.
To His Excellency, the President of the United States : .
Sir : On the 26th inst., the steamboat C. E. Hillman on its
passage from St. Louis to Nashville was seized and taken posses¬
sion ot by an armed force on the steamboat Swallow. This sei¬
zure was made on the Mississippi river, a short distance above
Cairo, Illinois. The boat, Hillman, was owned by citizens of
Tennessee, and its cargo was the property of this State and her
citizens. It. is believed that the force employed in this woik is a
part of the force recently called into service by the proclamation
of the President.
This interruption of the free navigation of the Mississippi
river, and the seizure of property belonging to the State of Ten¬
nessee and her citizens, is aggressive and hostile, and without
commenting upon the character and lawlessness of the outrage,
it becomes my imperative duty to inquire by what authority the
said acts were committed. I have, thertfore, respectfully to re¬
quest that the President shall inform me whether the same was
done by or under instructions of the Federal Government, or is
approved by said Government.
Very respectfully. ISHAM G. HARRIS.
Governor of Tennessee.
List of money, bonds and other securities demanded by Isham
G. Harris^ Governor of the State of Tennessee, and surrendered
by Jesse Thomas, Surveyor of the Port of Nashville, Tenn.,
April 30, 1861 :
89
Fall & Cunningham's check on Planters'
Bank for
A. H. Hicks, check on the Bank of Ten¬
nessee, for ...
Gold (say two thousand dollars)
Sixty-six Bonds of the State of Tennessee,
bearing interest at per cent, per an¬
num, and due 25th July, 1861, amount¬
ing to
Fall & Cunningham's and others Bonds
tor $533 76
Fall & Cunningham's and other Bonds 608 40
do do do 769 71-
A. H. Hicks & Co's, and others Bonds for 368 84
do do do 376 80
do do do 153 60
do do do 144 96
do do do 387 84~-
£1,134 98
1,375 44
2,000 00
66,666 66
1,851 87
1,432 04
Amounting to, in all $74,460 99
JOHN A. FISHER, Cashier, Bank of Tennessee.
Which was read and ordered to be transmitted to the Senate.
The following message was received from the Senate:
Mr. Speaker :
The Speaker of the Spnate has signed the following Enrolled
Joint Resolutions and Acts, to wit:
Joint resolution to furnish each member and officer of the
Senate and House of Representatives with one copy of Hardee's
Tactics.
Joint resolution in relation to printing Hardee's Military Tactics.
Joint resolution directory to the Governor.
Joint resolution ratifying and confirming a Military League
with the Confederate States.
An act to amend Railroad Laws.
An act to amend sec. 4743 of the Code of Tennessee.
Joint resolution tendering the Capitol to the President and Con¬
gress of the Confederate States.
All of which have been deposited in the Secretary of State's
office.
The Senate has adopted Senate Resolution, No. 32, to have
•Hardee's Military Tactics stereotyped ; and the same is herewith
transmitted for the action of the House of Representatives
thereon.
The Senate has concurred in House Resolution, No. 31, and
the same is returned for enrolment.
00
I am directed to transmit for the signature of the Speaker of
the House of Representatives, joint resolution to remove the obli¬
gation of secrecy, and to publish the proceedings of the Legis¬
lature ; and joint resolution to adjourn on Thursday, 9th inst.,
till Monday the 17th of June, and the same are herewith trans¬
mitted.
The Senate has concurred in House amendments to Senate
Resolution, No. 23, to adjourn on Thursday the 9th instant.
Mr Dudley offered House Resolution, No. 40, as follows:
Resolved, That it shall be the duty of the Comptroller to in¬
vestigate and report to the Legislature as soon as practicable,the
amount and value of property of this State or its citizens, seized
by the military forces at Cairo.
On motion, the'rules were suspended, and the resolution was
adopted
Mr. Lea entered motion to reconsider vote rejecting Senate Bill,
No. 6, to regulate the holding of Courts in Tennessee.
Mr. Jones moved to lay the motion of Mr. Lea, to reconsider
on the table ; which motion failed.
Representatives voting in the affirmative are :
Messrs. Baker of Weakley, Bledsoe, Butler, Caldwell, Critz,
Farrelly. Frazier, Gillespie, Greene, Harris, Jones, Kincaid of
Anderson, Mayfield, Morpliis, Norman, Senter, Whitmore, Wise-
ner, Woodard and Mr. Speaker Whitthorne—20.
Those voting in the negative are :
Messrs. Baker of Perry, Bav less, Brazelton, Cheatham, Davis,
Dudley, East, Ewing, Farley, Ford, Gantt, Gorman, Guy, Havron,
Hebb, Hurt, Ingram, Kenner, Kennedy, Lea, Lockhart, Martin,
McCabe, Morris, Nail, Pickett, Porter, Richardson, Roberts, Rus¬
sell, Sheid, Smith, Sowell, Trevitt, Vaughn, White of Davidson,
Williams of Franklin and Mr. Woods—38.
Mr. Lea's motion then prevailed.
Mr. Gantt moved to reconsider the vote adopting his amendment
to Senate Bill, No. 6, in relation to Tennessee barks.
The motion to reconsider then prevailed, when Mr. Gantt with¬
drew his amendment
Mr. Baker of Perry, moved to reconsider the vote adopting Mr.
Loekhart's amendment.
Mr. Bledsoe demanded the ayes and noes, and the motion was
sustained.
Yeas 35
Nays 24
Representatives voting in the affirmative are:
Messrs. Baker of Perry, Baker of Weakley, Bayless, Caldwell,
Nays.
Yeas
20
38
91
Cheatham, Cowden, Critz, Davidson, Davis, Dudley, East. Ewing,
Farley, Gantt. Guy, Hsbb, Hurt, Ingram, Jones, Kennedy, Lea,
Martin, iNall. Pic kett, Porter, Richardson, Roberts, Sheid, Smith,
Sowell, Trevit.t, White of Davidson, Whitmore, Williams of Frank¬
lin and Mr Wisenei—35.
Those voting in the negative are:
Messrs. Bledsoe, Butler, Farrelly, Ford, Frazier, Gillespie,
Gorman, Greene, Harris, Havron, Kenner, Kineaid of Anderson,
Lockhart, Mayfield. McCabe, Motris, Morphis, Norman, Russell,
Senter, Vaughn, Woods, Woodard and Mr. Speaker Whitihorne
—24.
IVlr. Cheatham demanded the previous question on the passage
of the bill; which was sustained, and the bill rejected.
Representatives voting in the affirmative are:
Messrs. Bayless, Cheatham, Cowden, Crilz. Davis, East, Ewing,
Farley, Ford, Gantt, Havron, Hebb, Hurt, Kenner, Kennedy,
Lea, I ockhart Martin, McCabe, Morphis, Russell, Sheid, Smith,
Sowell, Vaughn, White of Davidson and Mr. Whitmore—27.
Those voting in the negative are:
Messrs. Baker of Weakley, Bledsoe, Brazelton, Butler, Caldwell,
Davidson, Farrelly, Frazier, Gillespie, Gorman, Greene, Guy,
Harris, Ingram, Jones, Kineaid „of Anderson, Mayfield, Morris,
Porter, Roberts, Senter, Shrewsbury, Trevitt, Williams of Frank¬
lin, Wisener, Woods, Woodard and Mr. Speaker Whitthorne—28.
House Bill, No. 12, was superseded by Senate bill on the same
subject.
House Resolution, No. 34, directory to the Bank of Tennessee,
was taken up.
Mr. Cheatham offered the following resolution in lieu:
Resolved hy the General Assembly of the State of Tennessee, As a
war measure, that the Bank of Tennessee, be, and is hereby
authorized and directed to issue circulation to the Nashville and
Northwestern Railroad Company, to the amount of the Bonds of
the State of Tennessee now held by said company, and which
may h reafter be issued to said company under the Internal Im¬
provement Law, upon the said bonds being deposited in said
bank, together with second mmtgaged bonds of the company, so
as to make the interest on boih kind of b nds equal to nine per
cent, per annum on the cuirency issued as aforesaid. The said
bomts to remain in the batik, and the interest to be paid in the
loan afotesaid, until the Mate bonds can be sold by consent of
the bank, and the railroad company, or some other satisfactory
arrangement be made between said bank and company. The
said currency to be issued as the said bonds are deposited as afore-
Yeas
Nays.
27
28
92
said ; provided that said contract shall be subject to the control
of the Legislature.
Which was adopted, and the resolution as amended was adopt¬
ed, and ordered to be transmitted to the Senate.
Mr. Jones moved to reconsider the vote ordering the transmis¬
sion to the Senate.
Mr. Ewing moved to lay the motion of Mr. Jones on the table;
which motion prevailed.
Yeas- 37
Nays • - < - 20
Representatives voting in the affirmative are :
Messrs. Baker of Perry, Barksdale, Bayless, Bledsoe, Brazelion,
Butler, Cheatham, (-owden, Critz, Davidson, Davis, East, Ewing,
Farrelly, Ford, Gantt, Gillespie, Gorman, Havron, Hurt, Kenrier,
Kennedy, McCabe, Morris, Nail, Norman, Pickett. Porter, Rich¬
ardson, Senter, Trevitt, Vaughn, White of Davidson, Whitmore,
Williams of Franklin and Mr. Speaker Whitthorne—37.
Those voting in the negative are :
Messrs Dudley, Farley, Frazier, Guy, Harris, Hebb, Ingram,
Jones, Ivncaid of Anderson, Lockhart, Martin, iVlayfield, Mor-
phis, Roberts, Russell, Sheid, Smith, Sowell, Wisener, Woods and
Mr. Woodard—20.
Mr. Barksdale obtained leave to record his vote in the affirma¬
tive on the resolution ratifying the Military League between thfe
State of Term essee and the Confederate States.
House Resolutions, Nos. 27 and 28, were laid upon the table,
No. 29, was withdrawn from the files.
The Committee on Enrolled Bills made the following report:
The Committee ori Enrolled Bills has had House Bill, No. 8,
and House Resolutions, Nos. 33 and 31 under consideration, and
find them correctly enrolled and ready for the signature of the
Speaker ; have also examined House Resolutions, Nos, 37, 31,
and 39, and find them correctly engrossed.
H. C. LOCKHART, Chairman.
Mr Ewing offered House Resolution, No. 41, as follows:
Resolved by the General Assembly of the State of Term* ss/e, That
the Secretary of State have ten thousand copies of the Constitu¬
tion of the Provisional Government pi inted and distiibuted among
the counties as early as is convenient, and that the 1 reasurer
issue his warrant for the payment of the same.
On motion, the rules were suspended, and the resolution
adopted, and ordered to be transmitted to the Sena'e.
On motion, the House adjourned until half past nine o'clock
to-morrow morning.
93
THURSDAY MORNING, MAY 9, 1861.
The House met pursuant to adjournment.
Mr. Speaker Whitthorne in the Chair.
The Journal of yesterday was read and approved.
Mr. Martin was excused from serving on the Committee ap¬
pointed to prepare an address to the people of Tennessee.
Mr. Bicknell announced that he was detained from the House
yesterday on account of illness.
Messrs. Lea and Johnson obtained leave to record their votes
in* the negative on the motion to table Mr. Jones' motion to re¬
consider the vote ordering the transmission of House Resolution,
No. 34, relative to the Northwestern Railroad, and Mr. Senter
obtained leave to change his vote on the same motion.
The Committee on Enrolled Bills made the following report:
The Committee on Enrolled Bills have examined House Reso¬
lutions LNos. 37 and 39, and find them correct y enrolled ; also
House Resolution, No 41, and find it correctly engrossed; also
House Bill, No. 5, and find the same correctly enrolled.
Respectfully submitted,
W. N. BAKER, Chairman 'pro tern.
Mr. Hebb presented the following protest which was ordered to
be spread upon the Journal :
PROTEST.
I protest against the resolution adopted by the House yesterday,
'in which hundreds of thousands of dollars were to be issued to
the Northwestern Railroad Company, for which the currency of
the Bank of the State of Tennessee, were to be issued for its
benefit, tor which the Bank was to receive only the mortgage on
the road, which We already have, and the bonds of the State of
Tennessee which are now almost worthless If this ssstem is
adopted the Bank is completely broken up and destroyed, thereby
dping a wrong to the children of this State, whose mon y they are
%e guardian of (to educate them.) I further protest against the
principle of making large appropriations by resolutions, which is
djirectly at war with the Constitution of this State, which says
all appropriations for money shall be made by bills, to be read
these several days in each branch of the General Assembly ; and
the Constitution further says, where there are money appropria¬
tions, the yeas and nays shall be taken and entered on the Jour¬
nal. When this stupendous resolution was passed, even without
that form, the resolution is so indefinite that persons and the
company holding these bonds which they may purchase at 42 or
94
43 cents on the dollar, and may present the same to the bank and
get dollar for dollar, thereby leaving it open for a most monstrous
fraud to be practiced upon the people.
HEBB.
Mr. White of Davidson, presented the following protest:
The undersigned being unable to concur with the action of the
House of Representatives, in those measures which he conceives
the sovereign power of the State has been exercised, would re¬
spectfully dissent from the action, for the following reasons : By
art. 2, sec. 3,ot the Constitution of Tennessee, the legislative aq-
thority is vested in the General Assembly, and by art. l,sec. l,all
sovereign power is inherent in the people. The undersigned being
invested with a portion of the legislative authority, and being
sworn to support the Constitution of the United States and of the
State of Tennessee, cannot agree to the exercise of any act of
sovereign power by the Legislature, but believes that such power
can only be exercised by a sovereign convention, and would
respectfully ask that this his dissent may be entered
upon the Journal of this House. The undersigned being a
true son of this State, born upon her soil, he will cheerfully accept
her destiny as his own, and her fate shall be his fate; and as a
citizen he is ready and willing to devote his all to the defence of
his native soil, believing her honor and safety demands that she
should separate herself from the Republicans ot the North, and
unite her destiny with her sisters of the South.
J. B. WHITE.
Mr. Speaker Whitihorne presented the following communica¬
tion to the House from the Hon. J. T. Dunlap, Comptroller of the
State:
Comptrollers' Office,
Nashville, May 9, 1861.
Hon. W. C. Wiiitthorne,
Speaker of the House of Representatives:
Sir : In reply to House Resolution adopted yesterday, en¬
quiring as to the value of property belonging to the State of Ten¬
nessee and its citizens taken by the. military forces at Cairo, I
have made such inquiry as was practicable on short notice, and
find that the property so taken and still held belonging to the
State, was worth, at invoice cost, the sum of $13,871 64 ; and that
belonging to individuals was worth $13,393 79 ; amounting in the
aggregate to $27,265 43.
Very respectfully,
J. T. DUNLAP.
Mr. Gorman offered House Resolution, No. 42, as follows:
Whereas, C. Wallace, President of the East Tennessee and
Georgia Railroad, and also the President of the East Tennessee
95
and Virginia Railroad kindly tendered free passage to the mem¬
bers on their way to the present session ; therefore, be it
Resolved, That the thanks of this General Assembly are hereby
tendered them.
On motion, the rules were suspended and the resolution adopted
and ordered to be transmitted to the Senate.
The following message was received from the Senate:
Mr. Speaker :
The Senate has receded from their amendments', Nos. 4 and 5,
to House Bill, No. 5, to prevent the collection of debts owed by
citizens of Tennessee to citizens of the non-slaveholding States
during hostilities, and the same is returned to the House for en¬
rolment.
The Senate has concurred in House Resolution, No. 37, au¬
thorizing banks to issue small notes, and for other purposes,
which is also returned to the House of Representatives for enrol¬
ment.
The Senate has amended and concurred in House Resolution,
No. 9, and the same is returned for the further action of the
Houe of Representatives.
The Senate has amended and passed on third reading, House
Bill, No. 6, to defray the expenses of the General Assembly, and
the same is herewith transmitted for the further action of the
House of Representatives.
The Senate has adopted Senate Resolution, No. 34, to print the
Constitution of the Confederate States, and the same is herewith
transmitted for the action of the House of Representatives.
The Speaker of the Senate has signed the following enrolled
joint resolutions, and the same have been deposited in the office of
the Secretary of State, viz :
Joint resolution to remove the obligation of secrecy and to pub¬
lish the proceedings of the Legislature.
Joint resolution to adjourn on Thursday, the 9th instant, till
Monday, the 17th of June.
Joint resolution providing for a Bank Congress of the Southern
States.
The Senate has considered Etouse Resolution, No. 34, to author¬
ize the Bank of Tennessee to issue circulation to the Nashrille
and Northwestern Railroad Company, and laid the same on the
table, and the same is herewith returned.
Senate message, being Senate Rasolution, No. 32, to have
Hardee's Military Tactics stereotyped, was non-concurred in by
the House.
96
Yeas
Nays
14
44
Representatives voting in the affirmative are :
Messrs. Baker of Perry, Barksdale, Davidson, Farley, Guy, Har¬
ris, Hebb, Lockhart. McCabe, Piekett, Sowell, Vaughn, White of
Davidson and Mr. Williams of Franklin—14.
Tho-e voting in the negative are:
Messrs. Baker of Weakley, Bayless, Bicknell, Brazelton, Butler,
Caldwell, Cheatham, Cowden, Critz, Davis, Duoley, Ea*t,, Far-
relly Ford, Frazier, Gillespie, Gorman, Greene, Hurt, Ingram,
Johnson, Kennedy, Kincaid ol Anderson, l,ea. Martin, May field,
Morris, Morphis, Nail, Norman, Porter. Richardson, Roberts, Rus¬
sell, Senter, Sheid, Shrewsbury, Smith, Trevitt, Whitmore, Wise-
ner, Woods. Woodard and Mr. Speaker Whitthorne—44.
Ser ate message/being Senate amendments to House Bill, No. 6,
was taken up.
On motion of Mr. Cheatham, twenty dollars additional pay was
awarded to boy George, for waiting upon the House.
The Senate amendments were then concurred in, and the bill
was ordered to be transmitted io the Senate.
Senate Resolution, No 34, to print the Constitution of the Con¬
federate States, was concurred in hy the House.
The following message was received from the Senate:
Mr. Speaker:
I am directed by the Senate to transmitto the House of Repre¬
sentatives the report of ihe Joint. Select Committee appointed to
prepare an address to the people of Tennessee.
Mr. Morris entered motion to reconsider the vote rejecting the
bill providing for a suspension of the Courts.
Senate Bill, No. 3, to amend the Militia Law of the State, was
taken up.
Mr. Guy offered the following amendment:
Be it enacted, That volunteers in the service of the Statfy but
who may be on duty out of the State, at the election ordered by
this General Assembly, on the declaration and ordinances on the
8th day of June, 1861, shall be entitled to vote, in all cases, where
if in the State, they would be entitled to vote in said election; and
to afford them the means of doing so, the captains of each com¬
pany of such volunteers is hereby appointed and empowered to
open and hold*the election for the voters of his company. The*
vote thall be by ballot, and the said captains shall forthwith cer¬
tify the result in writing to the Secretary of State, and the same
shall be computed as a part of the vote of the State in ascertain¬
ing the result. Before opening said election, the Colonel or some
other field officer of the regiments respectively, shall administer
97
an oath to the captains entrusted with the duty of holding said
election to act impartially, and faithlully repoit the result to the
Secretary of State. »
Mr. Harris offered the following amendment to Mr. Guy's
amendment.
Insert after the word ciptain, " or officer in command of the
company," which was adopted.
The amendment as amended was adopted, and the bill then
passed third reading.
Yeas • .52
IV ays • • 00
Representatives voting in the affirmative are:
Messrs. Baker of Perry, Baker of Weakley, Bayless, Bicknell,
Brazelfon, Cheatham, Covvden, Critz, Davis, Dudley,East,Ewing,
Farley, Ford, Frazier, Gantt, Gorman, Greene, Guy, Harris, Hebb,
Hurt, Ingrain, Kenner, Kennedy, Kincaid of Anderson, Lea,
Lockha'u, Martin, Ma) field, AJcCabe Morris, Morphis, Nail, Nor¬
man, Pickett, Porter, Roberts, Senter, Sheid, Mirewsbury, Smith,
Sowell, Trevitt, Vaughn, White of Davidson, Whitmore, Williams
of Franklin, Wisener, Woods, Woodard and Mr. Speaker Whit-
thorn e—52.
The bill was ordered to be transmitted to the Senate.
The following address prepared by a Joint Committee of the
Senate and House of Representatives, was read and adopted by
the House :
LEGISLATIVE ADDRESS* TO THE PEOPLE OF TEN¬
NESSEE.
Fellow Citizens : The extraordinary legislation forced upon
the General Assembly, by the necessities of the times, makes it
not inappropriate that your Representatives should present some
of the reasons which have influenced their action.
Ihe Joint Select Committee, Under the direction and with the
approval of the A-sembly, beg leave to submit the following
statement to the calm judgment and consideration of their con¬
stituents.
The present session was called for by the Executive authority,
to di-pose of more important questions than ever had engaged
the attention of a Tenneseee Legislature ; the members of the
two houses could but feel most sensibly the responsibilities of
their positions, well knowing that their action would not only ef¬
fect the present, but the future destinies of the State. They had
no interest to subserve apart from those of their constituents, and
whatever may be the result of their labors, whether for good or
7 u.
98
evil, it will fall alike upon themselves and those whom they repre¬
sent.
The election of a sectional Piesident by an unreasoning appeal
to numerical superiority, precipitated aciisisin the government,
which many wise men anticipated, and patriots would have gladly
adjourned to another and tar distant pei iod. Several ot the slave-
holding Stales upon the happening of ih"s event, commenced pre¬
parations for leaving a Union which in their judgments promised
to become an instrument of destruction to the constitutional
righis ot the South. The excitement consequent upon the action
of these States, produced a necessity tor the last extra session of
this body, and the proposition lor calling a Convention was sub¬
mitted to the people. It was by them determined that no Con¬
vention should be held, thus giving the assurance of a fixed pur¬
pose to abide by 'he Union so long as a hop.e of safety or piotec-
tmn remained to them. A Peace Congress was called for, and
anxious to give every evidence of a sincere desire to settle ex¬
isting difficulties, prudent and discreet men were sent to conler
with delegates from other States. Trie Congress re>ult*d in a
failure, as did the laithfnl effort* of Southern men in the Congress
ot the United States. To every proposition a deaf ear was turned
bv the party in power. These ominous failures to come to an
adjustment, while they weakened, did not dispel altogether the
hope ot a peaceable solution of existing troubles. It was believed
that the masses of the Northern people would do justice to the
demands of the South, if not pre vented by the aris ot their politi¬
cians. Subsequent facts prove that the masses are, if possible,
more bitter in their hostility to the South than their leaders.
The inaugural address of the newly elected President,
however doubtful in its terms, was charitably construed into a
message of peace. It was considered absurd to suppose that any
Preifident'ot a free country would ever venture upon the mud ex¬
periment of holding snvt reign Stales together by means (d the
bayonet. No one not blinded by f'anatcism can tail to recognize
the tact, that a government based upon the popular will can oil I) be
maintained in its integrity by appealing to that powerful and con¬
trolling influence. Force, when attempted, changes the whole
charai ter ot the Government; making it a military despotism,
and thosp ihat submit become the abject slaves ot power. 1 he
people of Tennessee have fully understood this important fact,
and hence thi ir anxiety to stay the hand of coercion. They well
know that the subjugation of the seceded States, inv< Ived their
own destruction, and that, however plau-ible the pretext, an eri-
iorcement of the laws against an unw tiling people had been the
exeicise of tjrants in every ageol the world. That the people of
the South were, many ot them, deceived in the pretended peace
99
policy of Lincoln, is not a matter of-surprise or astonishment.
The duplicity and double dealing of this miserable tyrant, finds
no parallel save in the corrupt governments of the dark ages, and
would disgrac3 the diplomatic policy of a barbarian chieftain.
A few facts will suffice to make good our assertions. To South¬
ern Senators that approached him, he verbally construed his own
inaugural into a peace document.
He causes it to be given out that he would abandon Fort Sum¬
ter, when at the very time he was privately preparing a powerful
armament lor its relief.
Under false pretences, he introduced an officer into Fort Sum¬
ter, who took advantage of the privilege to concert a plan of re¬
lief with the commandant of that fortress.
Congress refused to vote a dollar for the prosecution of hostili¬
ties against the people of the Souih ; he and his agents got the
appropriation b> falsehood, pretending that it was needed to pay
olf the Government d bfs, and instead of s > using it, fails to pay
even the maimed and woupded soldier his pension, or the hard
working census faker his salary, but scatiers it among a brutal
soldiery whom he has hired to murder Southern freemen, and to
desecrate Southern soil. .
Congress refused to pass a coercion bill, yet this contemptible
usurper proclaims war.against the South in defiance of the Con¬
stitution, in violation of his oath, and his oft-repeated and posi¬
tive pledges to the contrary.
Congress would not authorize the call for a single soldier, yet
in the face of the laws and the Constitution, this petty tyrantcalls
for armies of immense magnitude to march against peaceful and
unoffending citizens.
He assured eunessee members of Tongress that his policy
would be peaceful", his Premier, W. H. Seward, announced such
to he the purpose of his Cabinet on eveiy occasion, and )et. after
lulling the people to repose, he impudently called upon the Gov¬
ernor of Tennessee tor troops to fol.ow his standard in a war of
subjugation again>t their own native section.
The Mississippi river js declared to be free by ihe Consiitut u
of Tennessee, and yet this vile u-urper stations troops at Cairo to
obstruct the navigation of this great highway and its tributaries,
and these miseiable instruments are now engaged in making war
upon the commerce of non-seceding States.
Tennessee, ever loyal to the Constitution, has been an advocate
for peace, and has struggled to bring together the broken ! la¬
ments of the Union, yet in the midst of her well meant efforts, a
war is made upon her ; every avenue of trade is closed up and
the people arc suffVring all the privations of a blockade Not
even provisions, demanded by the necessities of the people, are
allowed to be shipped into the State, and the property of private
100
Individuals is made subject to piratical and illegal seizure. Boats
have b< en pkmd< red ot their cargoes by authority of the Govern¬
ment, and when called on tor an explanation by the Governor of
Tennessee, even the honor of a reply is refused.
The States that desired to live in the Union and to be on terms
of friendship with all. are insultingly told that neutrality is im¬
possible, and that they must aid in this ungodly war of subjuga¬
tion, or else sutler the penalties. Had Tennessee ever desired to
remain neutral, the miserable and degrading privilege is denied to
ber by the tyrants that assume to rule in the name of the Con¬
stitution.
The Confederate States sought for peace, and sent their agents
to the Federal capita! to consummate that object. '1 hey were as¬
sured that peace would be made, and while resting under the be¬
lief that they were dealing with honorable men, Lincoln and his
Cabinet were secretly collecting an immense armament for the
relief ot Fort Sumter. It is a matter of no importance whofir^d
the first gun in the attack on Fort Sumter, the war commenced
when a hostile fleet set sail upon its mis-ion of death.
Lincoln pretends in his Inaugural that his only object is to pro¬
tect the property ot the nation, yet he organizes irnmen.-.e armies
all along the lines of the border slave States, commissions them
to stize and take the property of private citizens, holds Maryland
in subjection by the aid of her treacherous Governor and his
armed hirelings, and converts the Federal Capital into an en¬
trenched camp, and subjects it to all the rigors ot martial law.
We ask, if a man marked by every attribute that can disgrace
a usurping tyrant and a false hearted hypocrite, should be per¬
mitted to c< nuol for a day or an hour the destinies of a free peo¬
ple? In this state of affairs the Legislature assembled at Nash¬
ville. The Governor had defiantly refused to call out a man to
prosecute a war of subjugation, and had refused also to issue a
writ of election for members to Congress. We were bourn}'to
recognize the fact that war had been already made upon the State,
that for all practical purposes Tennessee was out of the Union,
and every act of legislation has been based upon that palpable
atate of affairs. The Legislature endorsed and approved the ac¬
tion of the Executive. He could have pursued no other course
without disgrace to himself and dishonor to his State. These
resolutions are submitted along with this report.
Tennessee is unarmed, and the first great object was to organize
the military and adopt every means of defence within our power,
menaced as our country is by arm'es of alarmiug magnitude.
Our Western bordeis exposed to attack, with life, liberty and pro¬
perty staked upon the isrue, it is no time to think of hallway
measures. The money and the blood of Tennessee will be called
for in no stinted quantities, if it be necessary to protect the price-
101
less heritage of freedom that we possess, and which we hold as a
sacred trust for our children. The military bill is also submitted
with this address to the judgment of our constituents. Tennessee
is now politically isolated from all of her sisters. She has no voice
in any of their counsels. She will not disgrace her fair escutcheon
by sending delegates to a government that has made war against
her, and where they are compelled to vote and speak with the
glittering bayonets of a brutal soldiery gleaming around them.
Our proud State will never seek to be represented in the counsels
of its enemies and where wild fanaticism holds its infernal orgies
over the mutilated and mouldering corpse of a once noble Re¬
public In the present dangerous attitude, we felt it to be due to
ourselves, to the honor and safety of the State, and to the im¬
perious demands of our constituents, that an opportunity should
be promptly furnished for cutting loose every real or supposed tie
that binds the people to the Lincoln Government, and to enable
them by a vote a; the ballot box. to form other political relations,
if it were so desired. In conformity with these obligations of duty,
the Legislature has prepared two instruments to be voted upon by
the people, on Saturday, the 8th of June.
Upon the first proposition the people will vote for or against
separation from the old Confederacy, By the second proposition
you will decide for or against a political union with the Confederate
States. Both are submitted along with this address. The propo¬
sition for a union adonts the provisional, and not the permanent
Constitution of those States ; this Constitution is also submitted
to the people. The Legislature has done vwhat has already been
done by Virginia, and will no doubt be the policy of North Caro¬
lina ; and in the company of these time-honored Commonwealths,■
Tennessee need entertain no fears for her own safety. If objec¬
tions are found to the permanent Constitution, they can be re¬
moved as a condition of continued Union with those States.
In submitting these two grave questions to the popular judg¬
ement, the Legislature dispensed with all intermediate agencies,
preferring to go at once to the great source ol all political power—
the people thcijiselv.s. The delays, embarrassments and expense of
a convention are thus avoided. Nothing is left to trickery or
political management. You can say whether you desire to sepa¬
rate from the old Government; you can also declare at the ballot
box whether you de-ire to unite the fortunes of the Slate along
with Virginia, North Carolina and Arkansas to the new Confed¬
eracy. By two words—' separation'''' or " no separation" repre¬
sentation" or '• no representation," you will decide the whole
question and fix the future destinies of the State. A convention
can do no more, though in se sion for weeks or months. What¬
ever be your deci.-ion it will be conclusive, and from it there caw
be no- appeal. The Legislature has no power to put Tennessee eu
102
of the Union, nor to place it among the Confederate States—that
tody ha- the authority to order an election which it has done, and
it is to be sincerely hoped that tvtry voter in Tennessee will bQ
found at the polls on the day appointed by the Legislature.
We rematk before passing from this subject, that while differ¬
ences of opinion exist as to the abstract tight of secession, no one
denies the right of a people to revolutionize. 1 he right to "change,
alter or abolish" their form of Government is a principle en¬
grafted in the fundamental laws of .the iStatc. Your representa¬
tives have therefore steered clear of the mooted qmstion of seces¬
sion, and submitted a revolutionary document which, if ratified
by the popular vote, will sever the ties that bind Tennessee to her
enemies and oppressors ; and that, after all, is the object to be at¬
tained, by whatever name ic may he called.
The military league which has been formed with the Southern
Coniederacy is also submitted with this address. It was a meas¬
ure of safety imperiously demanded by the war that has been
made upon our State. In accomplishing this object we have
fallen back upon the lessons of our ancestors, and regarded the
promptings of self preservation in forming alliances when differ¬
ent par ies are threatened with a common dahger. Our iState is
undrmed; we jmust have weapons placed in the hands of our vol¬
unteers to defend the freedom of the South; The Confederate
States can aid u& in this all important, matter. We must have a
common head to direct the armies ot freedom. Those States fur¬
nish in their Chief Magistrate, a soldier who has proven his ca¬
pacity to lead upon the hardest fought battle fields known to the
history of American warfare. Our people mus be relieved, too,
from the buiden of keeping up a sepai ate and distinct military
brganization. By the terms of this contract, it will be seen that
the expenses of the State are to be transferred to the common
Confederacy, that the South is forming, and will be paid from the
fruitlul sources of impost duties levied upon our commerce when
peace is established.
This league places Tennessee where she deserves to stand—in
company with the old States of Virginia, North Carolina, South
Carolina and Georgia, whose histoiies are redolent with the glories
of past struggles tor liberty, and whose sons are now prepared
to stand upon their ancient battle fields to emulate the deeds of
their ancestors. This alliance places the State, too. in close com¬
pact with the younger Mates of the South, with whom it is indis¬
pensably connected by a thousand ties.
It is gratifying to know the league referred to meets the ap¬
proval of men entertaining heretofore all shades of opinion. Let
it be remembi-red, that the Li-gLlalure, impelled ^s it was, by im¬
perious necessity, in the formation of this alliance is only the
more confident in the correctness of its policy by the conscious
103
belief that it has formed for the State do ignoble or degrading as¬
sociation. Whatever may be thought of the action of the
Sta'es that have left the Union, in regard to their supposed pre¬
cipitancy, 'all must admit that their legislative action ha- been
marked by sound conservatism and profound statesmanship. These
States have ventured upon no new or untried experiment in the
forniaiion of their government; they have widely refrained from
making a new constitution, but have piously adopted the one
framed by the authors of Independence and under which Ten¬
nessee has always abided as a State--soine alterations and
changes have been made, but only such as time and experience
had suggested as important improvements. It may be truthfully
averred that the Conslituti -u of lh; United States is now the per¬
manent Constitution of the Confederate States; that noble in¬
strument has no existence in. any other State or Government. t
has been superceeded in the ,vorth by a military despotism ; it no
longer shields the people of Tennessee; hut this admirable frame¬
work of freedom, stdl regarded as the ark of political safety, and
strengthened in i's massive proportions, has been erected upon
Southern soil, and under its broad aegis generations of freemen
will repose in safety
It is painful to reflect that Tennessee has no representation in
any National or Confederate council ; her gallant soldiers will go
forth to battle for a common cause, and but for a short time, at
least, her voice cannot be heard, only through the ballot box, in
June.
It is submitted that Tennessee has but one of two alterna¬
tives—either to attempt to maintain a distinct and separate nation¬
ality, or unite with the other States of the South. If you de¬
cide on the former, providom should at once be made for n w de¬
partments of government. A Post Office and a Department of
Foreign Affairs wilj be necessary, besides other arrangements pe¬
culiar to a separate nationality. We ask if the people will not
be at once crushed by the burthen< of taxation ? The idea of a
Border State Confederacy must, be abandoned The free States
embraced in this plan are the fiivt to lead off for Southern subju¬
gation. Through their Governors they h ive proclaimed that there
is no such thing as neutrality, and have already impud ntly de¬
manded that Kentucky shall take the field against the slaveholding
States. YVith them Tennefse-e can have no Union, It is to be
hoped that a military league that has been already commenced in
the South will be promptly formed with the Slates of Kentucky,
Maryland and Missouri. They demand our sympashies and will
receive our support, if required. MPsouri is an una-med'giant,
but will respond to the calls of the South as soon as she finds that
the other States are ready to come to her aid. Through the action
104
of a treacherous Governor, Maryland has been manacled by the
chains of the tyrant. The heart of the South is with lur arid its
sons stand ready to drive the. invaders from her soil, and to give
to her the rights that traitors and ususpers are seeking'to destioy.
Our noble and gallant neighbor, Kentucky, is an unarmed knight,
confronted by the reckless assassin whose dagger is ready to he
driven to his heart. The State of Tennessee, the whole South,
will offer their sons to that gallant State, and who now stand
ready to pour out thtir blood as a rich libation upon the altars of
the dark and bloody ground. Let past differences feljow-citizens,
be forgotten in this hour of common danger, and let us work tor
a united South. Though our enemies are strong, and united in
their unholy purposes, yet standing upon our own pi le, and de¬
fending our altars and our friends, the cause is too sacred to be
lost—God will prosper the right; that Being who defended the
fathers will not desert their children while unitedly battling for the
inalienable rights of man.
When this body met, it determined lo sit with closed doors.
We are aware that this m< de of legislation is objected to by some.
It is the first time in the bi-tory of the State th it the rule has been
adopted, because in that history no case has occurred to call forth
its exercisp. The proceedings of the.convention that framed the
Declaration of Independence were in secret. The convention that
framed the Constitution of the United /States, held its secret ses¬
sions, and the Senate of the United States not unfrequently wits
with closed doors. Those who have taken occasion to condemn
us, may be purer than those who framed the Declaration of In¬
dependence, and the Constitution of the Upited States; but we
veiy much doubt whether they will have a greater hold upon pub¬
lic confidence. But the reasons for our course are our best justi¬
fication : the country was excited, and the public demands im¬
perious. We desired to legislate uninfluenced.and un retarded by
the crowds that would otherwise have attended our deliberations ;
but still more important than this, the western portion of Ten¬
nessee was in an exposed condition, with no military defence what¬
ever; the towns and counties bordering ou the Mississippi river
were liable to be assailed at any hour by the armed forces collected
at Cairo, and we. desired that no act of legislation on onr part,
should form the pretext for such an invasion, so long as it could
be avoided. Our fellow-citizens of West 1 ennessee, and of Ar¬
kansas, are laboring night and day to erect batt.eiies on the river to
prevent a descent of the enemy. A duty that we owed to them
and to the cause of humanity demanded that we should not make
our action known till the latest possible moment. If some de¬
sired light, w hile we were at work, we equally desired to save the
blood and the property of Tennesseans. Our doors have now
been thrown open, the Journals will be published—every vote is
pecorded, and he mnst he & fault-finder indeed, who will complain
after hearing the reasons that prompted our actions.
We have briefly touched the principal subjects that engaged
the attention of the Legislature. Tennessee has taken her posi¬
tion and has proudly determined to throw her banners to the
breeze and will give her strength to the sacred cause of freedom
for the White man of the South.
R G: PAYNE,
Chairman of Joint Select,Committee.
EDViUND WOOD,
S S. S rANTON,
J. A. MINN IS,
G. GANTT,
W. W. GUY,
ROBT. B. HURT,
BENJ. J. LEA,
JOS. G. PICKETT.
Mr. Brazelton, presented the following protest, which was or¬
dered to be spread upon the Journal.
Mr. Speaker :
I hereby enter my protest against the address prepared by the
Joint Select Committee. I was not aware of the fact that it had
been drawn up till this morning 1 was never notified that the
Committee was in session, till notified to meet this morning; when
I found it all drawn up to be read in a hurry and passed, and
having had no chance to investigate it, 1 have not signed it
and will not.
W. BRAZELTON, Jr.
House Resolution, No 35, Directory to Judges, was adopted, and
ordered to be transmitted to the Senate.
House Resolutions, No. 36, in relation to allowing volunteers to
vote out of the State, was passed over informally.
Senate Resolutions, No. 29, Providing for the confirmation of
appointments made by the Governor during the recess of the Leg-
islature, was adopted, and ordered to be transmitted to be Senate.
House Resolutions, Nos. 6, 13 and 14 and House Bill, No. 3,
which were referred to the Co .onit ee on Military Affairs, were
not reported upon by said Committee.
House Bill, No. 4, referred to Committee on Federal Relations
Was not relumed.
The following message was received from the Senate:
Mr. Speaker :
The Speaker of the Senate has signed the following act and
100
joint resolutions and the same have been deposited in the office of
the Secretary of State, viz:
Joint Resolution giving the Banks authority to issue notes for
any denomination not legs than one dollar ;
Joint liesolution protesting against the obstruction of the free
navigation of the Mississippi river;
Enrolled Act to prevent the collection of debts owing by citi¬
zens of Tennessee to citizens of the non-slaveholding States during
hostilities.
The Senate has concurred in House resolution No. 42, and it is
herewith returned lor enrolment.
The Senate has adopted a lesolution in lieu of House Resolu¬
tion No. 41, to piint ten thousand copies of the Con-titutinn of
the Confederate States, and the same is herewith leturned for the
further action of the House.
The Senate has concurred in House amendments to Senate Bill
No. 3, to amend the Militia laws of the State, requiring Captains
to give notice
'J he Senate has cotieuned in House amendment to Senate
amendment to House Bill No. 6, to defray the expenses of the
General Assembh of tide State of Tennessee, and the bill is here¬
with returned for enrolment.
Mr. Mori is' motion to reconsider the vote rejecting a bill to sus¬
pend the Courts, was called up.
Mr. Shrewsbury moved that the motion be made the special
order for 38tli day of June next.
W hich motion prevail* d.
Representa'ives voting in the affirmative are:
Messrs. Baker of Perry,Builer, Caldwell, Cheatham, Cntz, Da¬
vis, Dudley, Farrelh, Frazier, Gorman, Harris, Hurt, John-am,
Ivenner, Kennedy, Lea, Mai tin, (VJayfield. Morris, Nail, Norman,
Pickett, Porter, Roberts, Senter, Shrewsbury, Trevitt, Woods and
Mr. Speaker Whitthorne—2b.
Those voting in the negative are :
Messrs. Baik-dale, Bajless, Cowden, Doak, E"'ing, Farley,
Ford Gantt, Gillespie, Guy, Ingram Lockbart, McCahe, Morphia,
P.ichaclson, Russell, Sheid, Smith. Sowell, Vaughn., White of Da¬
vidson, Whitmore, and Mr. Woodard—23.
Un motion of Mr. Ewirig, the House took a recess for ten
minutes.
The Speaker called the House to order.
Mr. Bicknell was excused from attendance on the House on
account of illness.
Yens
Najs
2b
23
107
A message was received from the G >vernor by the Hon, John
E. R. Hay, Secretary of State.
Executive Department, /
Nashville, May 9, 1861. \
Gentlemen of the Senate
and House of Representatives:
I have nominated and herewith submit for your confirmation
the following gentlemen :
For Majors General—Gideon J. Pillow, and Samuel R. An¬
derson-
For Brigadiers General—Felix K. Zollicoffer, Benjamin F.
Cheatham, Robert C. Foster, 3d, John L. T. Sneed, and Win, R.
Caswell.
For Adjutant General—Daniel S. Donaldson.
Inspector General—-Wm. H. Carroll.
Quarter Master General—Vernon K. Stevenson.
Commissary General—R. G. Fain.
Paymaster General—William Williams..
Surgeon General—Dr. Paul F. E^e.
Assistant Surgeon General—Dr. Jos. C. Xevvnan and Dr. John
D. Winston.
For Assistant Adjutants General—W. C. Whitthorne, James D.
Porter, Hiram S. Bradioi d and D. M. Key.
For Assistant Inspectors General—J. W, Gillespie, James L.
Scudder, John C. Brown and Alexander W. Campbell.
For Assistant Quarter Masters General—Paulding Anderson,
George W. Cunningham, S.' T. Bicknell, George W. Fi>her,
Thomas Marshall, Thomas Peters, John G. Fiunie, W. P. Davis,
and J. H. iMoMahon.
For Assistant Commissaries General—Calvin M. Tacker, John
M. Bio wm, Miles M. Draughn, Madison Siratton, James S. Patton,
James W. Duncan, W.W. Guy, and P. T. Glass
For Assistant Paymasters General—Claiborne Deloach, Wm. D.
Pieese, and Thomas Boyers.
For Lieutenant Colonel of Artillery—John P. McGown.
For Mditary and Financial Board-— Neil S. Brown, James E.
Baily, and William G. Harding.
By ri fere nee to your act of the 6th May, inst., and the army
regulations, it will be seen that there are additional nominations
yet, to be submitted; the number of which, it is impossible lor me
to determine until it is a.-certaiued, with at least some degree of
certainty, the number of troops that it may be necessary to call
into active service; I have therefore nominated the heads ol de¬
partments with such assistants as 1 considered necessary to the
108
work of immediate organization, leaving the developments of the
futuie to determine the additional appointment it may be proper
to make. Very respectfully,
ISIIAM G. HARRIS.
Mr. Gantt offered House Resolution, No. 42, to provide for the
ratification of the nominations made by the Governor, in pursu¬
ance of House Rill, No. 1, to organize, arm, and equip a provi¬
sional force, etc.
The following message was received from the Senate:
Mr. Speaker :
I am directed by the Senate to ask the return to the Senate of
House Resolution No. 34. to authorize the Bank of Tennessee to
issue circulation to the Northwestern Railroad Company, a mo¬
tion having been made to ta;:e the same from the table.
The resolution was directed to be returned to the Senate.
Mr. Gantt offered House Resolution, No. 43, as follows :
Rcsoivi.d, That, ten thousand copies of the address of the two
Houses be printed for the use of the public, and that they be sent
by the State printer without delay, to the County Court Clerks of
the several counties for distribution, and in so doing he have re¬
gard to the population of the counties respectively.
A motion to suspend the rules failed and the resolution lies over.
The Convention met at the time appointed; Mr. Speaker Stovall
called the Conveniion to order.
The resolution providing for a Convention was read, also the
Governor's Message.
Mr. Pickett moved the Convention go into secret session, which
motion failed.
Mr. Bumpass moved to reconsider the vote refusing to go into
secret session.
Which motion prevailed, and the motion to hold secret session
prevailed.
Mr. Lane moved that the nominations be confirmed as a whole,
which motion prevailed.
And the nominations were then confirmed as a whole, without
a division.
The Convention then adjourned.
The Speaker called the House to order.
Mr. Ewing, by leave, introduced House Resolution, No. 44—
changing the hour of adjournment Irom 2 o'clock to 4 o'clock
P. M.
The rules were suspended and the Resolution adopted, and or¬
dered to be transmitted.
109
A message was received from the Senate that they had con¬
curred in the resolution changing t, e hour of adjournment.
On motion of Mr. Kennedy the House adjourned until 3 o'clock
P. M.
AFTERNOON SESSION.
The House met pursuant to adjournment.
The following message was received from the Senate:
Mr. Speaker :
The Senate has amended and passed on third reading, House
Bill No. 10. " To amend sections 2682, 2683, 2684 and 4765, and
for other purpo&es," and the same is herewith transmitted for the
further action of the House.
Senate message being Senate amendments to House Bill No.
10, To amend .Sections 2682-83-84 and for other purposes, was
concurred in by the House.
The following message was received from the Senate :
Mr. Speaker :
The Senate has concurred in House Resolution No. 35, and the
same is herewith returned lor enrolment.
The Senate has concurred in House amendments to Senate
Resolution No 29.
I am directed to transmit for the signature of the Speaker of
the House of Representatives, joint resolution to authorize the
Governor to make appointments to fill vacancies, and joint reso¬
lution to print the Constitution of the Confederate States, also en¬
rolled act to amend Militia law of the State, requiring Captains
to give notice and for other purposes, and the same are herewith
transmitted.
The Committee on Enrolled Bills made the following* report:
The Committee on Enrolled Bills has examined House BilloNo.
7, and 10, and House Resolutions Nos. 35, and 43, and find them
ojrrectly eniolled. '
H. C. T.OCKHART, Chairman.
The following message was received l'rom the Senate :
Mr. Speaker :
The Speaker of the Senate has signed the following enrolled
110
resolutions and acts, and the same have been deposited in the of¬
fice of the Secretary of State, viz :
Joint Resolution requesting the Judges and Chancellors to post¬
pone their Courts from time to time.
Joinr Resolution to authorize ihe Governor to make appoint¬
ments to fill vacancies.
Joint Resolution to print the Constitution of the Confederate
States.
An Act to amend Sections 2682, *2680 and 284 and 4765 of the
Code of Tennessee.
An Act to amend the Militia Law of the State and for other
purposes.
On motion the House adjourned in pursuance of a Joint Reso¬
lution until the 17th of June, 1861.
W. C. W'HITTHORNE,
Speaker of the House of Representatives.
FRED. S. DEWOLFE.
Clerk of the House of Representatives.
MONDAY, MORNING, JUNE 17, 1861.
Ti e House met this day at. 12 o'clock, M., pursuant to adjourn¬
ment.
Mr Speaker Whiithorne in the Chair.
Prayer by the Rev Dr. Sehon.
Air. White of Davidson, presented the credentials of Ira P.
Jones, of Davidson county, elected to fill the vacancy occasioned
by the resignation of E. il. East, who after taking an oath to sup¬
port the Constitution of Tennessee, was admitted to a seat as a
member of the House ol Ri presentative-.
Mr Dudley demanded a call of the House, which was had, and
the following Representatives failed to respond to the call, viz:
IVessrs. Armstrong, Bala r of Weakley, Barksdale, Beatry. Biek-
nell, Brazelton Briton, Butler, Caldwell, Cowden, Ciitz, David¬
son, Davis, Doak, Ewmg, Farley, Ford, Frazier, Gillespie, Gor¬
man, Greene, Guy, Han is, Havron, Hurt, Ingram, Johnson, Ken¬
nedy, Kincaid of Anderson, Kincaid of Claiborne, Morris, Nor-
Ill
man, Richardson, Senter, Shrewsbury, Sowell, Trewhift, Yaughn,
White of Dickson, Williams of Franklin, Williams of Knox and
Wiseo er—42.
A quorum not being present, on motion of Mr. Williams of
Hickman, the House adjourned until 10 o'clock to morrow morn¬
ing.
TUESDAY MORNING, JUNE 18, 1861.
The House met pursuant to adjournment.
Mr. Speaker Whitthorjie in the Chair.
Prayer by the Rev. J. P. Campbell.
The Journal of yesterday was read and approved.
Mr. Cheatham demanded a call of the Hou>e, which was had
and the following Representatives failed to respond to the call, viz
Messrs. Armstrong, Beatty, Brazelton, Britton, Butler, Critz
Doak, Evving, Farley, Ford, Gantt, Gillespie, Greene, Harris, In
gram, Johnson, Kincaid of Anderson, Kincaid of Claiborne, Morris
Senter, Shrewsbury, Trewhitt, Vau^hh? White of Dickson, Wil¬
liams of Knox and Mr Williamson—26.
Messrs. Gantt and Ewing appearing, when on motion of Mr.
Williams of Hickman, further proceedings under the call were
dispensed with.
Air. Mayfield obtained leave of absence for Mr. Harris on ac¬
count of sickness in his family.
Mr. Speaker Whitthorne presented the resignation of John A.
Campbell, as Engrossing Clerk of the House.
It was also announced that John E Helm, First Assistant Clerk,
would not be present, and the Speaker announced nominations in
order to fill the vacancies.
Mr. Ilt-bb nominated Charles. M. Havs, of Davidson, for First As¬
sistant Clerk, there being no other nomination, Mr Hays received
52 votes as follows:
Messrs Baker of Perr3% Baker of Weakley, Barksdale, Bayless,
Bennett, Bicknell, Bledsoe, Caldw ellT Cheatham CnwdeTi, "David¬
son, Davis, Dudley, Ewing, Farreliy, Fraz'u r, G tutr, Gorman, Guy,
Havron, Hebb, Hurt, Jones of Overton, Jones of Davidson, Ken-
ner, Kennedy, Lea, Lockhart, Martin, Mayfield, McCabe, Morphis,
112
Norman, Nail, Pickett, Porter, Richardson, Roberts Russell, Sheid,
Smith, Sowell, Trevitt. White of DavuKnn, Whitmore, Williams of
Franklin, Williams of Hickman, Wisener, Woods, Woodard and
Mr. Speaker Whitthorne—52.
The Speaker/leclared Mr Hays elected.
Mr. Ilays appeared, took the oathol ollice,and entered upon the
discharge of his duties.
Mr Cheatham nominated Leston Stone, for the Second As¬
sistant Clerkship.
Whereupon Mr. Lea moved to postpone the election until next
Tuesday, which motion failed.
Mr. Martin moved to postpone the election indefinitely, which
motion lailed.
Yeas* • 25
Nays • • • *116
Representatives voting in the affirmative are :
Messrs. Baker of Perry, Baker of Weakley, Earless, Bicknell,
Bledsoe, Davis, Dudley, Frazier, Hebb, Hurt, Kennedy, Cea, Lock-
hart, Martin, McCabe, Nail, Norman, Biekett, Richardson, Roberts,
Russell, Smith. Trevitt, Woods and Mr. Woodard—25.
Those voting in the negative a*e:
Messrs. Barksdale. Bennett, Caldwell, Cheatham, Cowden,
Davidson, Family, Gantt, Gorman, Guy, Havron, Jones of Over¬
ton, Jones of Davidson, Rentier, Ma) field, Mot phis, Porter, Sheid,
Sowell, White of Davidson, Whitmore, Williams of Franklin,
Williams of Hickman, Wisener, and Mr. Speaker Whitthorne—25.
Mr. Mayfield nominated Nath. Atkinson, of Bradley county.
The vote was then taken and resulted;
Representatives voting for Mr. Atkinson are :
Messrs. Baktr of Weakley, Bay less, Bennett, Bicknell, Bledsoe,
Caldwell, Cowden, Davis, Frazier, Gorman, Havron, Hurt, Jones
of Overton, Kenner, Kennedy, Martin, Mayfield, McCabe, Mor-
phis, Nail, Norman, Russell, Trevitt, and Mr. Williams ol Fran-
lin—24.
Representatives voting for Mr. Stone are :
Messrs. Cheatham, Dudley, Ewing, Farrelly, Gantt, Jones of
Davidson, Pickett, Porter, Richardsorl, Sheid, White of Davidson,
Whitmore, W'illiams of Hickman, Wisener and Mr. Speaker Whit-
thordt—1*5
Those voting for Mr. Campbell are :
JVIe*srs. Baker of Perry, B.uk-sdale, Davidson, Guy, llebb, Lea,
Lockhart, Roberts, Smith, Sowell, Woods and Mr. Woodard—11.
For Atkinson,
For Stone,. •
For Campbell
24
15
11
113
Neither of the candidates having received a majority of the
votes cast, the Speaker directed the vote to be taken again;
which was done, and resulted:
Representatives voting for Mr. Atkinson are :
Messrs. Baker of Perry, Baker of Weakley, Barksdale, Bay-
less, Bennett, Bicknell, Bledsoe, Caldwell, Cowden, Davis, Dudley,
Frazier, Gorman, Guy, Havron, Hebb, Hurt, Jones of Overton,
Kenner, Kennedy, Lea, Lockhart, Martin, May field, McCabe,
Morphis, Nail, Norman, Russell, Smith, Trevitt, Williams of Hick¬
man, Woods, and Mr. Woodard—34.
Representatives voting for Mr. Stone are:
Messrs. Cheatham, Ewing, Farrelly, Gantt, Jones of Davidson,
Pickett, Overton, Richardson, Roberts, Sheid, So well, White of Da¬
vidson, Whitmore, Wisener, and Mr. Speaker Whitthorne—15.
Those voting for Mr. Campbell are:
Messrs. Davidson, and Willidms of Franklin—2.
Mr. Atkinson having received a majority of the votes cast was
declared by the Speaker duly elected, the oath of office was then
administered and he entered upon the duties of his office.
Mr. Williams of Hickman, introduced House Resolution No,
45, as follows:
Resolved, by the General Assembly of the State of Tennessee
That the officers and members of each House respectively, take
and subscribe an oath to support the Constitution of the Provi¬
sional Government of the Confederate States of America, and
that the Speaker notify each member and officer so to do.
Which resolution lies over under the rule.
Mr. Dudley introduced House Resolution No. 46, as follows:
Resolved by the General Assembly of the State of Tennessee,
That the Judges of the Circuit Courts, and Chancellors of this'
State, be requested not to hold their Courts until 1st of January
next for the trial of cases where debts and money are involved,
but said Courts shall continue their sittings for the trial of crimi¬
nal causes, collection of fines, forfeitures, &c., due the State or
counties, and such civil causes as parties thereto may agree shall
be tried.
Which resolution lies over under the rule.
Mr. Lockhart introduced House Resolution No. 47, as follows:
Resolved, That the Committee on Military affairs be instructed
to inquire into the expediency and propriety of clothing the Gov¬
ernor with full powers to call into service all male free persons of
color over the age of 16 and under 50 years, or such number as
may be necessary to build fortifications &c., for the army of Ten-
For Atkinson.
For Stone....
For Campbell
..34
.-.15
...2
h 8
114
nessee, and report a bill embodying the same with proper penal¬
ties on said free persons of color in case of disobedience.
Which resolution lies over under the rule.
# The following bills were then introduced and severally read
first time and passed.
Mr. Dudley introduced House Bill No. 13, to regulate proceed¬
ings in Magistrates' Courts.
Mr. Farrelly introduced No. 14, Bowie Knife Bill.
Mr. Lea introduced No. 15, directory to the Superintendent of
Public Instruction.
Mr. Dudley introduced No. 1G, to amend the Army Bill of the
State.
On motion of Mr. Bayless, the House adjourned until 3 o'clock
P M.
AFTERNOON SESSION.
Mr. Williams of Hickman moved the Senate be informed that
the House had organized and had elected First and Second Assist¬
ant Clerks.
Which motion prevailed.
Mr. Williams of Hickman introduced House Resolution No. 48,
as follows:
Resolved, That the House appoint a Committee of three to act
in conjunction with such number as the Senate may appoint, to
wait upon the Governor and inform him that the two Houses have
again assembled, and are ready to receive any communication he
may have to make.
On motion, the rules were suspended, and the resolution adopted
and ordered to be transmitted to the Senate.
Whereupon the Speaker appointed, Messrs Williams of Hick¬
man, "White of Davidson, and Havron, said Committee on the
part of the House.
A message was received from the Governor, through the Hon.
John E. R. Ray, Secretary of State.
115
Executive Department, June 18, 1861.
Gentlemen of the Senate
and House of Representatives :
Since your adjournment on the 9th of last month, the people of
Tennessee, acting in their sovereign capacity, and in the exercise
of an inalienable right have in the most solemn and deliberate
manner dissolved their connection with the Government of the
United States, and, by the adoption of the Provisional Constitu¬
tion of the Confederate States of America, have made Tennessee
a member of that Government.
I pause in the midst of the arduous duties which devolve upon
me, to congratulate you and the country upon the near approach
to unanimity, and the readiness with which the brave and patriotic
people of our proud commonwealth have severed their connection
with a Government, endeared to them by so many recollections
and to which they had been so long attached, but which has been
subverted by gross usurpations and converted into an engine of
oppression, destructive of their rights, liberties and equality, and
which in the mere wantonness of its boasted power, demands that
these inalienable attributes of freemen shall be promptly—nay
basely surrendered or maintained at the point of the bayonet.
Those who have read and comprehended the patriotic devotion
of our people to the eternal principles of justice, equality and
right, their native love of independence, and chivalrous deeds in
defence of those principles, as shown by the whole history of the
State, could not have doubted as to the position that Tennessee
would occupy upon the presentation of such an issue.
While it is to me a source of regret that entire unanimity was
not attained at the ballot box, in the decision of the vitally impor¬
tant and exciting questions referred to, I have entire confidence
that now the deliberate and impartial judgment of the over¬
whelming majority of the people of the State having been re¬
corded, the whole people, forgetting these differences of opinion,
however earnestly and honestly entertained, will stand together
as one man in maintaining the rights, honor and dignity of Ten¬
nessee, and in preserving the domestic tranquility of the commu¬
nity. The time for crimination and recrimination has passed;
threatened by a common enemy, imperiled by a common danger,
bound together by ties which cannot be severed, we are identical
in interest, we must be so in action.
The State of Tennessee, co-operating with her sister States of
the South, has been compelled to take up arms in defence of
rights she could not surrender. To this war thus forced upon us,
there can be but two sides. I cannot believe that there is any por¬
tion of our people who will espouse the cause of the enemies of
Tennessee, or be indifferent spectators of the contest.
116
Impartial history will attest that no free people, jealous of their
rights, have been more observant of their constitutional duties, or
more loyal to their Government. Exacting no peculiar privileges,
they have at all times been ready to acknowledge and maintain
the rights of others. In times of common peril they have always
stood nrm and contributed their full proportion of talent, both to
the Cabinet and the field, and now that we have exhausted the
last remedy, have made the last appeal to the reason and justice
of those who would oppress us, and have been driven to the neces¬
sity of taking our rights into our own hands and defying the power
that assails them, there certainly cannot be any part of our people
who will not spurn the usurper and resist him to the last extremity.
In the midst of the gloom and privations necessarily incidental
to a state of war, let us console ourselves with the reflection that
we occupy the same relation to posterity that our fathers of
the first revolution occupied to us.
They enjoyed the glorious privilege of establishing the great
principle which secured to us civil and religious liberty, and po¬
litical equality; while it is our privilege and solemn duty to main¬
tain and transmit to posterity the same great principle unimpaired.
The spirit and determination manifested by the people of the
whole South to maintain this principle against the tyranny of
usurpation, gives the highest and most cheering assurance that
America will still be the abiding place of self government and free
institutions, and proves the truth of the long disputed theory of
our fathers, that a brave and enlightened people, educated in the
doctrine of individual and State equality are capable, and of
right ought to govern themselves, in the midst of federal revolu¬
tion, perfect order has been preserved in our State Government;
in the moment of dissolving our former federal fabric, another,
new, and of perfect and enduring proportions, is reared, leaving
us at no time without the full benefit of Government, or the se¬
curity of laws.
The new relations which we have assumed in becoming a part
of the Provisional Government of the Confederate States, im¬
poses the necessity of some additional legislation. I cheerfully
submit to your consideration all questions pertaining to our fed¬
eral relations for such legislation as may be necessary to us as a
part of that Government.
There has been for many years a statute in the State defining
the crime of treason and prescribing the punishment.
1 respectfully recommend that you amend that law to the extent
of striking out the words " United States" and insert in lieu of
them Confederate States.
Under the provisions of the act of 1852, the principle and in¬
terest of the iniernal improvement bonds of the State are made
117
payable in the city of New York. It will be impossible to pay
the interest accruing, at that point, during the continuance of the
war.
I recommend that you so amend the law referred to, as to re¬
quire the payment at the Bank of Tennessee, at Nashville, or at
Charleston, or New Orleans, of all sums which ma}' become due
from the State to the people of all Governments, which are on
terms of peace and friendship with us, who are and were, pre¬
vious to the commencement of the' war, bonaJide owners of our
bonds, and that you adopt such policy towards the owners and
holders of our bonds, who are citizens of States at war with us,
as is recognized and justified by the law of nations regulating
their intercourse, as belligerants.
The ordeal through which the country is now passing necessa¬
rily prostrates the trade and commerce of the country, and de¬
ranges the currency to a greater or less extent. Such legislation
as will tend to secure a Uniform currency throughout the Confed¬
erate States is of the highest importance. I therefore submit the
question to your consideration for such action as in your opinion
the general welfare demands.
By the — section of the act of the 6th of May, 1861, it is
made the duty of the Governor to issue bonds of the State, for
the purpose of raising a fund with which to defray the expenses
of the provisional army of the State. In view of the scarcity
of a circulating medium, and the probable difficulty of convert¬
ing any considerable amount of bonds into money in times like
the present, 1 respectfully recommend that you so modify that
act as to authorize the issuance of Treasury fvotes to the extent
of three-fifths of the amount authorized to be issued, in lieu of
that amount of said bonds; and that the same, when issued, be
made receivable by the State in payment of all taxes or govern¬
ment dues.
In obedience to your act of 6th May, 1861, I have caused to
be organized, armed and equipped, twenty-one regiments of in¬
fantry now in the field, ten artillery companies in progress of or¬
ganization, and a sufficient number of cavalry companies to com¬
pose one regiment. The organization of an engineer corps is
nearly completed.
In addition to which, we have three regiments mustered into
the service of the Confederate States now in Virginia, and a
number of our citizens in the service of that government sta¬
tioned at Pensacola. For full and accurate information as to the
army organization, I refer you to the reports of the proper offi¬
cers, hereafter to be laid before you, if desired. It is proper to
remark, in this connection, that without even a call being made
upon them, a innch larger number of our patriotic citizens have
tendered their s*vices to the State than I have thought proper to
118
accept. Should the necessities of the State at any time requires
larger force, I feel assured that our brave and gallant people will
rush with alacrity to the field, so as to swell the force to the point
of equaling any such necessity.
I commend those brave and patriotic citizen soldiers to your
most favorable consideration, and recommend the adoption of
such measures as will most tend to promote their health and com¬
fort while in the field.
It is proper that I call your attention to the fact that a few days
since, Return J. Meigs, Esq., resigned the office of Librarian to
the State. The office is now vacant, and the duty of filling it by
election devolves upon you.
I cannot, in justice to my own feelings and sense of duty, close
this communication without urging upon you, and through you
upon those you represent, the importance and propriety of mode¬
ration, forbearance, and conciliation in your intercourse with each
other, however widely and earnestly you may have differed in
your opinions and action upon the important and exciting ques¬
tions so recently settled.
Invoking a continuation of the blessings of the Supreme Ruler
of the universe upon our cause, our country, and our people, I
submit the matter to your hands.
ISHAM G. HARRIS.
On motion of Mr. White of Davidson, 2000 copies of the Gover¬
nor's message was ordered to be printed for the use of the House.
The following message was received from the Senate :
Mr. Speaker :
The Senate has adopted Senate Resolution, No. 36, directory
to the Joint Select Committee on Military Affairs, and the same is
herewith transmitted for the action of the House of Representa¬
tives.
I am directed by the Senate to transmit to the House a memo¬
rial from the field officers and captains of Col. A S. Fulton's
Regiment, stationed at Camp Trousdale, praying that regimental
Quartermasters and Commissaries be appointed from the volun¬
teers of the several regiments, and the same is herewith trans¬
mitted.
I am also directed to inform the House of Representatives that
Washington Barrow has been admitted to a seat in the Senate to
fill the vacancy occasioned by the resignation of John Trimble,
of David son county.
The Senate has considered and laid on the table House Reso¬
lution, No. 48, to raise a Joint Select Committee to wait upon His
Excellency, the Governor, and the same is here\#th returned.
119
Mr. Woods, by leave, introduced House Resolution, No. 49, as
follows :
Resolved by the General Assembly of- the State of Tennessee, That
the Governor of this State be authorized and required to tender
"so much of the Hermitage lands as may be necessary to the Gov¬
ernment of the Confederate States, as a site for a National Mili¬
tary Academy, and that said Government have two years trom
this time for accepting the tender.
Which resolution lies over under the rule.
The following bills were then introduced and severally read
the first time and passed :
Mr. Davis introduced No. 21, to increase the pay of First Ser¬
geants of companies.
Mr. Ewing introduced House Bill, No 17, for the benefit of cav¬
alry companies.
Mr. Baker of Perry No. 18, to declare vacant the office of Bank
Supervisor.
Mr. Guy No. 19, for the benefit of the families of insane vol¬
unteers.
Mr. Lockhart, No. 20, to amend sections 14 and 15 of the act
to organize, arm and equip a provisional force, &c.
Senate message, being Senate Resolution, No. 36, directory to
the Committee on Military Affairs ; was on motion of Mr. Ewing,
laid upon the table,
A memorial from Col. Fulton's Regiment at Camp Trousdale,
was referred to the Committee on Military Affairs.
On motion of Mr. Bayless, the House adjourned until to mor¬
row morning 10 o'clock.
WEDNESDAY MORNING, JUNE 19, 1861.
The House met pursuant to adjournment.
Mr. Speaker Whitthorne in the Chair.
Prayer by the Rev. Dr. McFerrin.
The Journal of yesterday was read and approved.
Mr. Bicknell was excused from further attendance upon the ses¬
sions of the House.
Mr. Martin introduced House Resolution, No. 50, as follows:
120
Resolved by the General Assembly of the State of Tennessee, That
the Military and Financial Board be authorized to appoint some
prson to proceed to Memphis and Knoxville.. and settle at Mem¬
phis with the city authorities for sei vices and money expended in
purchase of commissary and quartermaster's and ordnance stores,
and for fortifications intended for the common benefit and welfare
of the State ; and at Knoxville to settle all accounts for moneys
expended by persons acting as Commissaries and Quartermasters,
and for purchase of ordnance stores, before the organization of
the regular Quartermaster and Commissaries and Ordnance De¬
partments.
On motion, the rules were suspended
Whereupon Mr. Hebb offered the following resolution in lieu:
Resolved, That a Joint Committee of three be appointed by
the Speaker of the Senate and House to proceed to Memphis and
see the value of the fortitr ations erected by the City of Memphis,
and that upon their repor , the Comptroller be directed to pay to
the said City of Memphis the amount so allowed by said Com¬
mittee ; and that any arms or ammunition purchased by the city
authorities of Memphis, and delivered to the State, be paid for by
the State of Tennessee at the price so paid by the City of
Memphis, and any other expenses so incurred by the city.
On motion of Mr. Farrelly, Mr. Hebb's resolution in lieu was
laid upon the table.
A vote was then taken upon the adoption of the resolution.
It appearing that a quorum was not present, the Speaker di¬
rected a call of the House, and the following Representatives
failed to respond to the call, viz:
Messrs. Armstrong, Beattv,Bicknell, Brazelton, Britton, Butler,
Critz, Doak, Ford, Gillespie, Greene, Guy, Harris. Ingram, John¬
son, Kincaid of Claiborne, iViorris, Senter, Shrewsbury, Smith,
Trewhitt, Vaughn, White of Dickson, Whit more, Williams of
Knox and Mr. Williamson—26.
Messrs. Guy and Gillespie appearing, on motion of Mr. Lock-
hart, further proceedings under the call were dispensed with.
The resolution was then adopted,
Yeas 48
Nays 2
Representatives voting in the affirmative are :
Messrs. Baker of Perry, Baker of Weakley, Barksdale, Bayless,
Bennett, Caldwell, Cheatham, Cowden, Davidson, Davis, Dudley,
Ewing, Farley, Farrelly, Frazier, Gantt, Gillespie, Gorman, Guy,
Havron, Hurt, Jones of Davidson, Jones oft)verton, Kenner, Ken-*
nedy, Lea, Lockhart, Martin, Mayfield, McCabe, Morphis, Nail,
Norman, Pickett, Porter, Richardson, Roberts, Russell, Sheid, So-
121
well, Trevitt, White of Davidson, Williams of Franklin, Williams
of Hickman, Wisener, Woods, Woodard and Mr. Speaker Whit-
thorne—48.
Those voting in the negative are:
Messrs. Bledsoe and Hebb—2.
Mr. Gantt entered a motion to reconsider the vote adopting the
resolution.
Mr. Morphis introduced House Resolution, No. 51, as follows :
Resolved by the General Assembly of the State of Tennessee, That
the two Houses meet in Convention in the Hall of the House of
Representatives on Thursday, the 20th instant, at 11 o'clock, for
the purpose of electing a State Librarian.
. Which resolution under the rule lies over.
Mr. Williams of Hickman introduced House Bill, No. 22,
an act for the relief of Quartermasters and Commissaries in the
provisional army of Tennessee, passed first reading.
Mr. Pickett was excused from attendance upon the session of
the House to-day.
House Bill, No. 15, an act directory to Superintendent of Public
Instruction, was upon motion of Mr. Jones of Overton, indefinitely
postponed.
Yeas 26
Nays • • •. * 24
Representatives voting in the affirmative are:
Messrs. Bayless, Bledsoe, Caldwell, Davidson, Ewing, Gantt,
Gillespie, Gorman, Havron, Jones of Overton, Kenner, Kennedy,
Kincaid of Anderson, Lock hart, Mayfield, Morphis, Norman, Rich¬
ardson, Roberts, Russell, Sowell, Trevitt, Williams of Hickman,
Wisener, Woodard and Mr. Speaker Whitthorne—26.
Those voting in the negative are :
Messrs. Baker of Perry, Baker of Weakley, Barksdale, Bennett,
Cheatham, Cowden, Davis, Dudley, Farley, Farrelly, Frazier,
Guy, Hebb, Hurt, Jones of Davidson, Lea, Martin, McCabe, Nail,
Porter, Sheid, White of Davidson, Williams of Franklin and Mr.
Woods—24.
Mr. Gantt entered motion to reconsider the vote indefinitely
postponing the bill.
The following House bills severally passed their second reading :
No. 13, to regulate proceedings in Magistrates' Courts.
No. 17, for the benefit of cavalry companies, and was referred
to the Committee on Military Affairs.
No. 18, to declare vacant the office of Bank Supervisor.
No. 19, for the benefit of families of insane volunteers.
No. 20, to amend the Military Bill.
No. 21, to increase the pay of First Sergeants of Companies
was taken up.
122
Mr. Ewing offered the following amendment:
Strike out all of the first section after the word receive, and in¬
sert the words fifty dollars per month; which was adopted, and
the bill as amended passed second reading, and was referred to
the Committee on Military Affairs.
Bowe knife bill was withdrawn by Mr. Bledsoe for amendment.
No. 16, to amend the Army Bill of the State, was taken up.
Mr. Dudley offered the following amendment:
Strike out in 3d clause the words to be paid out of the pay of
officers ; which was rejected.
Mr. Porter offered the following amendment:
Be it further enacted, That the pay per month of the Major
Generals' Staff and the Staff of Generals of Brigade when ap¬
pointed at large, shall be the same as if appointed from the line of
lieutenants.
Which amendment was adopted, and the bill as amended
passed its second reading.
House Resolution, No. 46, requesting judges not to hold courts,
was taken up.
Mr. Bledsoe moved to amend by inserting the words "the Su¬
preme Court" before Circuit in 3d line, which was adopted.
Mr, Wisener moved to strike out " until 1st January next" and
insert " for the period of twelve months from the passage of this
resolution," which was adopted.
Whereupon Mr. Kennedy moved to lay the resolution upon the
table, which motion failed.
Yeas • ...... 11
Nays 39
Representatives voting in the affirmative are:
Messrs. Caldwell, Ewing, Gorman, Kennedy, Kincaid of Ander¬
son, Mayfield, Norman, Roberts, Trevitt, Williams of Hickman
and Mr. Woodard—11.
Those voting in the negative are:
Messrs. Baker of Perry, Baker of Weakley, Barksdale, Bayless,
Bennett, Bledsoe, Cheatham, Cowden, Davidson, Davis, Dudley,
Farley, Farrelly, Frazier, Gantt, Gillespie, Guy, Havron, Hebb,
Hurt, Jones of Davidson, Jones of Overton, Kenner, Lea, Lock-
hart, Martin, McCabe, Morphis, Nail, Porter, Richardson, Russell,
Sheid, Sowell, White of Davidson, Williams of Franklin, Wisener,
Woods and Mr. Speaker Whitthorne—39.
The following vote was then had on the adoption of the reso¬
lution :
Yeas
Nays
30
18
123
Representatives voting in the affirmative are:
Messrs. Barksdale, Bayless, Bledsoe, Cheatham, Covvden, Davis,
Dudley, Farley, Farrelly, Frazier, Gantt, Gillespie, Guy, Havron,
Hebb, Hurt, Jones of Davidson, Kenner, Lea, Martin, McCabe,
Morphis, Nail, Porter, Richardson, Russell, Sheid, Sowell, White
of Davidson and Mr. Woods—30.
Those voting in the negative are: v
Messrs. Baker of Perry, Baker of Weakley, Caldwell, Davidson,
Gorman, Jones of Overton, Kennedy, Kincaid of Anderson, Lock-
batt, Mayfield, Norman, Roberts, Trevitt, Williams of Franklin,
Williams of Hickman, Wisener, Woodard and Mr. Speaker Whit-
thorne—18.
A quorum not voting, on motion, the House adjourned until
half past 2 o'clock P. M.
AFTERNOON SESSION.
Mr. Barksdale demanded a call of the House which was had,
and the following members failed to respond to the call, viz :
Messrs. Armstrong, Bicknell, Brazelton, Britton, Butler, Cheat¬
ham, Critz, Doak, Ewing, Ford, Gillespie, Greene, Harris, Ingram,
Johnson, Kincaid of Claiborne, Martin, McCabe, Morris, Pickett,
Senter, Sheid, Shrewsbury, Smith, Trewhitt, Vaughn, White of
Dickson, Whitmore, Williams of Knox and Mr. Williamson—30*
On motion, the Doorkeeper was despatched for absentees.
Messrs. Ford, Mattin, McCabe, Gillespie and Mr. Williamson
appeared, when upon motion of Mr. Jones of Overton, further
proceedings under the call were dispensed with.
The House resumed the consideration of the unfinished business,
being House Resolution, No. 46, regulating the sitting of the
Courts.
The resolution was then adopted.
Yeas 31
Nays 19
Representatives voting in the affirmative are:
Messrs. Barksdale, Bayless, Bennett, Bledsoe, Cowden, Davis,
Dudley, Farley, Farrelly, Ford, Frazier, Gantt, Guy, Havron,
Hebb, Hurt, Jones of Davidson, Kenner, Lea, Martin, McCabe,
124
Morphis, Nail, Porter, Richardson, Russell, Sheid, Sowell, White
of Davidson, Williamson and Mr. Woods.—31.
Those voting in the negative are :
Messrs. Baker of Perry, Baker of Weakley, Beaty, Caldwell,
Davidson, Gorman, Jones of Overton, Kennedy, Kincaid of Ander¬
son, Lockhart, May field, Norman, Roberts, Trevitt, Williams of
Franklin, Williams of Hickman, Wisener, Woodard and Mr.
Speaker Whitthorne—19.
The resolution was ordered to be transmitted to the Senate.
House Resolution, No. 47, director}^ to the Military Committee,
was adopted and ordered to be transmitted to the Senate.
House Resolutions Nos. 45 and 49, were passed over informally.
Mr. Bledsoe, by leave of the House, introduced House Resolu¬
tion, No. 52, as follows :
Be it resolved by the General Assembly of the Slate of Tennessee,
That it is with regret that we have heard of the outrage commit¬
ted by Southern troops at Greenville, Tennessee, in appropriating
to themselves and destroying private property.
Be it further resolved, That in case the Government of the
Confederate States shall fail or refuse to pay the citizens of this
State for all property taken or destroyed at Greenville, we pledge
the State of Tennessee to make her citizens full compensation for
all losses occasioned by said troops.
Which resolution lies over under the rule.
Mr. Caldwell introduced House Bill, No, 23, to incorporate the
Powell's river lead mining company, which passed first reading.
Mr. Lea introduced House Bill, No. 24, to provide for issuance
of treasury notes, which passed first reading.
On motion of Mr. Morphis, the rules were suspended, and House
Resolution, No. 51, providing tor the election of a State Librarian,
was taken up and adopted and ordered to be transmitted to the
Senate.
On motion of Mr. Barksdale, the House adjourned until to¬
morrow morning 10 o'clock.
THURSDAY MORNING, JUNE 20, 1861.
The House met pursuant to adjournment.
Mr. Speaker Whitthorne in the Chair.
The Journal of yesterday was read and approved.
125
The following message was received from the Senate:
Mr Speaker:
The Senate has adopted the following resolutions, and the same
are herewith transmitted for the action of the House of Repre¬
sentatives, viz :
Senate Resolution, No. 40, in relation to test oaths and the pun¬
ishment of treason.
Senate Resolution, No. 41, directory to the Military Board.
Senate Resolution, No. 42, to provide for a convention of the
two. Houses to elect a State Librarian, to fill the vacancy occa¬
sioned by the resignation of R. J. Meigs, Esq.
Mr. Bledsoe, introduced House Resolution, No. 53, as follows:
Be it resolved by the General Assembly of the State of Tennessee,
That all Quartermasters and Commissaries hereafter appointed
by the Governor, or confirmed by the Legislature, shall be taken
from the volunteer service and from the regiment or brigade in
which they are to serve, which lies over under the rule.
Mr. Nail introduced House Resolution, No. 54. as follows:
Be it resolved by the General Assembly of the State of Tennessee,
That the Secretary of State be, and he is hereby instructed to
have the flags of the Confederate States substituted in place of
those now placed over the Speaker's chair, which resolution lies
over under the rule.
Mr. Dudley introduced House Resolution, No. 55, as follows :
Resolved by th@ General Assembly of Tennessee, That a Joint Se¬
lect Committee consisting of five members on the part of the
House, and such number as the Senate may select, be appointed
to consider the manner, time and expediency of adopting the
Permanent Constitution jof the Confederate States of America,
by the people of the State of Tennessee, and that they report by
bill or otherwise, as soon as practicable.
On motion, the rules were suspended and the resolution adopted,
and ordered to be transmitted to the Senate.
The Speaker appointed Messrs. Dudley, Williams of Hickman,
Jones of Davidson, Gantt and Mr. Woods, said Committee on the
part of the House.
The following House bills were then introduced and severally
passed their first reading:
Mr. McCabe introduced No. 25, to suspend the office of Road
Commissioner.
Mr. Jones of Overton introduced No. 26, to amend sub-sections
1,3 and 4, of section 4743, of the Code.
Mr. Beatty introduced No. 27, to charter an Arms Company, &c.
Mr. Kennedy introduced No. 28, to repeal sections 272, 284,
285, and 296 of the Code.
126
Senate message being Senate Resolution, No. 40, in regard to
the patriotism and loyalty of the citizens of Tennessee.
Mr, Norman moved to strike out the words " at present."
Whereupon, Mr. Williams of Hickman, moved to lay the reso¬
lution upon the table; which motion failed.
Yeas • • • • 6
Nays 46
Representatives voting in the affirmative are :
Messrs. Baker of Weakley, Barksdale, Lea, Sheid, Whitmore
and Mr. Williams of Hickman—6.
Those voting in the negative are :
Messrs. Baker of Perry, Bayless, Beaty, Bennett, Bledsoe, Cald¬
well, Cheatham, Cowden, Davidson, Davis, Dudley, Farrelly, Ford,
Frazier, Gillespie, Gorman, Harris, Havron, Hebb, Jones of
Davidson, Jones of Overton, Kenner, Kennedy, Kincaid of Ander¬
son, Kincaid of Claiborne, Lockhart, Martin, Mayfield, McCabe,
Morphis, Nail, Norman, Porter, Richardson, Roberts, Russell,
Smith, Sowell, Trevitt, White of Davidson, Williams of Franklin,
Williamson, Wisener, Woods, Woodard and Mr. Speaker Whit-
thorne—46.
Mr. Norman's motion to amend then failed.
The following message was received from the Senate :
Mr. Speaker :
The Senate has concurred in House Resolution, No. 51,to elect
a State Librarian, and the same is herewith returned for enrol¬
ment.
On motion of Mr. Cheatham, the House took a recess prepara¬
tory to meeting the Senate in convention, to elect a State Libra-
tian. 1
The Speaker called the House to order.
At the hour appointed the Senate appeared at the bar of the
House and were invited to seats within the Hall.
Mr. Speaker St'ovall called the Convention to order, and di¬
rected the reading of the resolution convening the two Houses
in joint convention.
The President announced nominations in order.
Mr. Gantt nominated John E. Hatcher.
Mr. Bledsoe nominated B. F. Bentley.
Mr. Lockhart nominated Thomas Askew.
Mr. Woods nominated Geo. A. Lieper.
Mr. Washington Barrow nominated Benjamin Litton.
A vote was then had and resulted as follows :
Representatives voting for Mr Lieper are :
Messrs. Beaty, Harris, Hurt, Jones of Overton Porter, Sheid,
Whitmore, Wisener and Mr. Woods—9.
127
Representatives voting for Mr. Hatcher are:
vMessrs. Barksdale, Caldwell, Davis, Gantt, Havron, fjones of
Davidson, Kincaid of Claiborne, Morphis, Norman, Pickett, Rich¬
ardson, Williams of Hickman, Williamson and Mr. Woodard—14.
Representatives voting for Mr. Askew are :
Messrs. Baker of Perry, Baker of Weakley, Bayless, Cowden,
Davidson, Dudley, Farley, FarrelJy, Ford, Frazier, Guy, Lea, Lock-
hart, Martin, McCabe, Nail, Roberts, Smith, So well, Trevitt,
Williams of Franklin and Mr. Speaker Whitthorne—22.
Representatives voting for Mr. Bentley are:
Messrs. Bledsoe, Cheatham, Gillespie, Gorman, Hebb, Kenner,
Kennedy, Kincaid of Anderson, Russell, and Mr. White of David¬
son—10.
Representatives voting for Mr. Litton are :
Messrs. Bennett and Ewing—-2.
Senators voted as follows :
For Lieper., • • • *6
" Hatcher, 8
" Askew, .3
" Bentley,. 4
" Litton,* • 2
Making the aggregate vote of the Convention as follows :
For Lieper,* * * * 15
" Hatcher, * * 22
tl Askew,. *25
" Bentley,. * 14
" Litton 4
Neither of the candidates having received a majority of the
votes cast, the President of the Convention directed a second
vote to be taken which was done and resulted as follows :
Before the vote was taken Mr. Barrow withdrew the name of
Mr. Litton.
Representatives voting for Mr. Lieper are :
Messrs. Beatty, Harris, Jones of Overton, Porter, Sheid, Whit-
more, Wisener and Mr. Woods—8; with 4 Senators, making 12.
Representatives voting for Mr. Hatcher are :
Messrs. Barksdale, Bennett, Caldwell, Cheatham, Davis, Ewing,
Gantt, Havron, Hurt, Jones of Davidson, Kincaid of Anderson,
Kincaid of Claiborne, Morphis, Norman, Pickett, Richardson,
Williams of Hickman, Williamson and Mr. Woodard—19 ; with
9 Senators, making for Mr. Hatcher 28.
Representatives voting for Mr. Askew are :
Messrs. Baker of Perry, Baker of Weakley, Bayless, Cowden,
Davidson, Dudley, Farley, Farrelly, Ford, Frazier, Guy, Lea,
Lockhart, Martin, McCabe, Nail, Roberts, Smith, Sowell, Trevitt
128
and Mr. Speaker Whitthorne—21; with 5 Senators, making for
Mr. Askew 26 votes.
Representatives voting for Mr. Bentley are:
Messrs. Bledsoe, Gillespie, Gorman, If ebb, Kenner, Kennedy,
Russell, White of Davidson, and Mr. Williams of Franklin—9
with the votes of 4 Senators, making for Mr. Bentley 13 votes.
Neither of the candidates having received the requisite number
of votes to elect, the President, directed another vote, which re¬
sulted as follows:
Representatives voting for Mr. Lieper are :
Messrs. Farrelly, Harris, Hurt, Jones of Overton, Porter, Whit-
more and Mr. Wisener—7 ; with one Senator, makes Mr. Lie-
per's vote in the Convention 8.
Representatives voting for Mr. Hatcher are :
Messrs. Barksdale Bennett, Caldwell, Cheatham, Davis, Evving,
Gantt, Havron, Jones of Davidson, Kincaid of Anderson, Kincaid
of Claiborne, Morphis, Norman, Pickett, Richardson, Russell, Wil¬
liams of Hickman, Williamson and Mr. Woodard—19; with 9
Senators, makes for Mr. Hatcher 28 votes in the Convention.
Representatives voting for Mr. Askew are:
Messrs. Baker of Perry, Baker of Weakley, Bayl^ess, Beaty,
Cowden, Davidson, Dudley, Farley, Ford, Frazier, Guy, Kennedy,
Lea, Lockhart, Martin, McCabe, Nail, Roberts, Sheid, Smith, So-
well, Trevitt, Williams of Franklin, Woods, and Mr. Speaker
Whitthorne—25 ; with 10 Senators, makes the vote of the Con¬
vention for Mr. Askew 35.
Representatives voting for Mr. Bentley are :
Messrs. Bledsoe, Gillespie, Gorman, Hebb, Kenner, and, Mr.
White of Davidson—-6 ; with 2 Senators, makes the vote for Mr.
Bentley 8.
No election being made, Mr. Bledsoe withdrew the name of Mr.
Bentley, and Mr. Wood withdrew that of Mr. Lieper.
The President directed another vote to be taken, which resulted
as follows :
Representatives voting for Mr. Hatcher are :
Messrs. Barksdale, Bennett, Bledsoe, Caldwell,Cheatham, Davis,
Ewing, Gantt, Gillespie, Gorman, Havron, Hebb, Hurt, Jones of
Davidson, Jones of Overton, Kenner, Kincaid of Anderson, Kin¬
caid of Claiborne, Morphis, Norman, Pickett, Porter, Richardson,
Russell, White of Davidson, Williams of Hickman, Williamson,
Wisener, and Mr. Woodard—29; with the votes of 11 Senators,
makes the vote of the Convention for Mr. Hatcher 40.
Representatives voting for Mr. Askew are :
Messrs. Baker of Perry, Baker of Weakley, Bayless, Beatty, Cow¬
den, Davidson, Dudley, Farley, Farrelly, Ford, Frazier, Guy, Har¬
ris, Kennedy, Lea, Lockhart, Martin, McCabe, Nail, Roberts,
129
Sheid, Smith, Sowell, Trevitt, Whitmore, Williams of Franklin,
Woods and Mr. Speaker Whitthorne—28; with 11 Senators, making
the vote of the Convention for Mr. Askew 39.
Mr. Hatcher having received a majority of all the votes cast,
was declared by the President duly elected State Librarian.
The business for which the Convention assembled having been
finished, the Senate retired to their Chamber.
The Speaker called the House to order.
On motion of Mr. Lea, the House adjourned until half past
2 o'clock, P. M.
AFTERNOON SESSION.
On motion of Mr. Williams of Hickrnan, the rules were sus¬
pended, and House Bill, No. 22, for the relief of Quartermasters
and Commissaries was taken up, and the bill passed its second
reading and whs referred to the Joint Military Committee.
The House resumed the consideration of the unfinished busi¬
ness of the forenoon, being Senate Resolution, No. 40, "in re¬
gard to patriotism and loyalty of the citizens of Tennessee."
Mr. Lea demanded the previous qu estion upon the adoption of
tfip resolution ; which demand was sustained.
The resolution was then adopted.
" Yeas 46
Nays 8
Representatives voting in the affirmative are :
Messrs. Baker, of Perry, Baker of .Weakley, Bayless, Beaty,
Bledsoe, Caldwell, Cheatham, Cowden, Davis, Dudley, Farrelly,.
Ford, Gantt, Gillespie, Gorman, Guy, Harris, Havron, Hebb,
Hurt, Jones of Davidson, Jones of Overton, Kenner, Kennedy,
Kincaid of Anderson, Kincaid of Claiborne, Lockhart, Martin,"
Mayfield, McCabe, Morphis, Nail, Norman, Porter, Richardson,
Roberts, Russell, Smith, Sowell, Trevitt, White of Davidson, Wil¬
liams of Franklin, Williamson, Wisener, Woods and Mr. Speaker
Whitthorne — 46.
Those voting in the negative are :
Messrs. Barksdale, Davidson, Farley, Frazier, Lea, Sheid, Whit¬
more and Mr. Williams of Hickman—8.
9 n
130
Mr. Lockhart upon the Committee of Enrolled Bills, reported
the following:
The Committee on Enrolled Bills has examined House Resolu¬
tions Nos. 46, 47, 51 and 55, and find them correctly engrossed.
Mr. Farrelly called up Mr. Gantt's motion to reconsider the vote
adopting House Resolution No. 50, authorizing the Military and
Financial Board to appoint a person to settle accounts at Mem¬
phis and Knoxville ; which motion failed.
Senate Resolutions Nos. 41 and 42, were laid upon the table.
House Bill, No. 23, to incorporate the Powell's River Lead
Mining Company, passed its second reading.
House Bill, No. 24, to provide for the issuance of Treasury Notes,
passed its second reading, and was referred to a Special Commit¬
tee of five, consisting of Messrs. Lea, Dudley, Farley, Wisener,
and Mr. Jones of Overton.
House Bill, No. 14, Bowe Knife bill, was taken up.
Mr. Bledsoe offered a bill in lieu, which was adopted, and the
bill was then rejected.
Yeas 19
Nays 34
Representatives voting in the affirmative are :
Messrs. Barksdale, Bledsoe, Cheatham, Dudley, Farrelly, Guy,
Harris, Havron, Hurt, Lea, Mayfield, Nail, Porter, Roberts, Sheid,
Smith, Williams of Franklin, Williamson and Mr. Speaker Whit-
thorne—19
Those voting in the negative are: >
Messrs. Baker of Perry, Baker of Weakley, Bayless, Beaty,
Caldwell, Cowden, Davidson, Davis, Farley, Ford, Frazier, Gantt,
Gillespie, Gorman, Hebb, Jones of Davidson, Jones of Overton,
Kenner, Kennedy, Kincaid of Anderson, Lockhart, Martin,, Mc-
Cabe, Morphis, Norman, Richardson, Russell, Sowell, Trevitt,
White of Davidson, Whitmore, Williams of Hickman, Wisener,
and Mr. Woods—34.
Mr. Bayless moved to reconsider the vote rejecting the bill.
Which motion prevailed, whereupon,
Mr. M'Cabe moved to re-consider the vote adopting the Bill in
lieu; which motion failed.
The bill was a second time rejected.
Representatives voting in the affirmative are:
Messrs. Barksdale, Bledsoe, Caldwell, Cheatham, Farrelly, Gil¬
lespie, Harris, Havron, Hurt, Kenner, Lea, Mayfield, Nail, Porter,
Roberts, Sheid, Smith, White of Davidson, Whitmore, Williams
of Franklin, Williamson, and Mr. Speaker Whitthorne—22.
Yeas
Nays
22
29
131
Those voting in the negative are :
Messrs. Baker of Weakley, Bayless, Beaty, Cowden, Davidson,
' Davis, Dudley, Farley, Ford, Frazier, Gantt, Gorman, Hebb, Jones,
of Davidson, Jones of Overton, Kennedy, Kincaid of Anderson,
Lockhart, Martin, McCabe, Morphis, Norman, Richardson, Rus¬
sell, Sowell, Trevitt, Williams of Hickman, Wisener, and Mr.
Woods—29.
House Bill No. 13, to regulate proceedings in Magistrates'
Courts, was taken up.
Mr. Jones of Davidson, offered the following amendment:
Beit further enacted, That a compliance with the provisions of
this act shall release all Constables and other returning officers
from all liability not already incurred under previously existing
laws for non-return, insufficient returns, &c.
Which amendment was adopted, and the bill passed its third
reading.
Yeas 28
Nays 26
Representatives voting in the affirmative are:
Messrs. Barksdale, Bayless Cheatham, Cowden, Davis, Dudley,
Farrelly, Ford, Gantt, Gillespie, Havron, Hebb, Hurt, Jones of
Davidson, Kenner, Lea, Martin, McCabe, Morphis, Nail, Russell,
Sheid, Smith, Sowell, Trevitt, White of Davidson, Whitmore, and
Mr. Woods,—28.
Those voting in the negative are :
Messrs. Baker of Perry, Baker of Weakley, Bledsoe, Beaty,
Caldwell, Davidson, Farley, FraZier, Gorman, Guy, Harris, Jones
of Overton, Kennedy, Kincaid of Anderson, Kincaid of Claiborne,
Lockhart, Mayfield, Norman, Porter, Richardson, Roberts, Wil¬
liams of Franklin, Williams of Hickman, Williamson, Wisener,
and Mr. Speaker Whitthorne—26.
The bill was ordered to be transmitted to the Senate.
House Bill No. 19, for the benefit of the families of insane vol¬
unteers, passed its third reading.
Teas 54
Nays 00
Representatives voting in the affirmative are:
Messrs. Baker of Perry, Baker of Weakley, Barksdale, Bayless,
Beaty, Bledsoe, Caldwell, Cheatham, Cowden, Davidson, Davis,
Dudley, Farley, Farrelly, Ford, Frazier, Gantt, Gillespie, Gorman,
Guy, Harris, Havron, Hebb, Hurt, Jones of Davidson, Jones of
Overton, Kenner, Kennedy, Kincaid of Anderson, Kincaid of
Claiborne, Lea, Lockhart, Martin, Mayfield, McCabe, Morphis,
Nail, Norman, Porter, Richardson, Roberts, Russell, Sheid, Smith,
Sowed, Trevitt, White of Davidson, Whitmore, Williams of Frank-
132
lin, Williams of Hickman, Williamson, Wisener, Woods, and Mr.
Speaker Whitthorne—54.
The bill was ordered to be transmitted to the Senate.'
House Bill No. 18, to suspend and declare vacant the office of
Bank Supervisor, passed its third reading.
Yeas 35
Nays 19
Representatives voting in the affirmative are:
Messrs. Baker of Perry, Baker of Weakley, Barksdale Bayless,
Bledsoe, Caldwell, Cheatham, Cowden, Davidson, Davis, Gantt,
Gillespie, Gorman, Havron, Hurt, Jones of Davidson, Jones of
Overton,Kenner, Kincaid of Anderson,Kincaid of Claiborne, Lock-
hart, Martin, Mayfield, McCabe, Morphis, Norman, Richardson,
Russell, Sheid, White of Davidson, Williams ol Franklin, Williams
of Hickman, Williamson, Wisener, and Mr. Woods.—35.
Those voting in the negative are :
Messrs. Beaty, Dudley, Farley, Farrelly, Ford, Frazier, Guy,
Harris, Etebb, Kennedy, Lea, Nail, Porter, Roberts, Smith, Sowell,
Trevitt, Whitmore, and Mr. Speaker Whitthorne—19.
Mr. Gantt entered a motion to re-consider the vote passing the
bill.
House Bill No. 20, to amend an act to organize, arm and equip
a provisional force, and for other purposes, was taken up.
Mr. Jones of Davidson, offered an amendment for the benefit of
families of volunteers doing service out of the State.
Mr. McCabe moved to strike out so much of the amendment as
referred to the compensation of revenue collectors, which motion
failed; when,
On motion of Mr. Martin, the bill and amendment was referred
to the Joint Committee on Military Affairs.
On motion of Mr. Farrelly, the House adjourned until nine
o'clock to-morrow morning.
FRIDAY MORNING, JUNE 21, 1861.
The House met pursuant to adjournment.
Mr. Speaker Whitthorne in the Chair.
The Journal of yesterday was read and approved.
133
Mr. Gantt introduced House Bill No. 29, an act to submit to
the popular vote an ordinance for the adoption or rejection ol the
permanent Constitution of the Confederate States.
Passed first reading, and referred to Special Committee upon
Mr. Dudley's Resolution.
Mr. Lockhart, from the Committee upon Enrolled Bills, made
the following Report
The Committee on Enrolled Bills has examined House Resolu¬
tions Nos. 50 and 51, House Bills Nos. 13 and 19, and find them
correctly engrossed.
On motion of Mr. Lockhart, Mr. Guy was added to|the Special
Military Committee.
Mr. Gantt's motion to re-consider the vote passing House Bill
No. 18, to suspend and declare vacant the office of Supervisor of
Banks, failed.
House Bill No. 25, a bill to suspend the office of Commissioner
of Roads, passed its second reading.
House Bill No. 26, an act to amend sub sections 1, 3, and 4 of
section 4743 of Code of Tennessee, defining treason; the vote
was then taken on the bill upon its second reading, and resulted:
Yeas 19
Nays 29
Representatives voting in the affirmative are:
. Messrs. Baker of Weakley, Barksdale, Bledsoe, CoWden, Da¬
vidson, Frazier, Ingram, Junes of Davidson, Jones of Overton,
Kennedy, Lea, Nail, Pickett, Porter, Sheid, Sowed, Whitmore,
Williams of Franklin, and Williams ol Hickman—19.
Those voting in the negative are :
Messrs. Baker of Perry, Caldwell, Cheatham, Davis, Dudley,
Ford, Gillespie, Gorman, Harris, Hebb, Kenner, Kincaid of An¬
derson, Kincaid of Claiborne, Lockhart, Martin, May field, McCabe,
Mor'phis, Norman, Richardson, Roberts, Russell, Smith, Trevitt,
White of Davidson, Wisener, Woods, Woodard, and Mr. Speaker
Whitthorne—29.
A quorum not voting, the Speaker directed a call of the House.
The following Representatives fai'ed to answer to their names :
Messrs. Armstrong, Beaty, Bennett, Bicknell, Brazelton. Brit-
ton, Butler, Critz, Doak, Ewing, Farley, Farrelly, Gantt, Greene,
Guy, Havron, Hurt, Johnson, Morris, Senier, Shrewsbury, Trew-
hitt, Waughn, White of Dickson, Williams of Knox, and Mr.
Williamson—26.
The following Representatives appeared: Messrs. Williamson,
Beaty, Gantt, Guy, Farley, Farrelly and Havron.
On motion, further proceedings under the call were dispensed
with; the bill was then rejected.
134
Yeas
Nays
25
32
Representatives voting in the affirmative are :
Messrs. Baker of Perry, Baker of Weakley, Barksdale, Bayless,
Bledsoe, Cowden, Davidson, Ford, Frazier, Gantt, Guy, Hebb,
Hurt, Ingram, Jones of Davidson, Jones of Overton, Kennedy,
Lea, Nail, Porter, Sheid, Sowell, Whitmore, Williams of Franklin,
and Mr. Williams of Hickman—25.
Those voting in the negative are :
Messrs. Beaty, Caldwell, Cheatham, Davis, Dudley, Farley,
Farrelly, Gillespie, Gorman, Harris, Havron, Kenner, Kincaid of
Anderson, Kincaid of Claiborne, Lockhart, Martin, Mayfield, Mc-
Cabe, Morphis, Norman, Pickett, Richardson, Roberts, Russell,
Smith, Trevitt, White of Davidson, Williamson, Wisener, Woods,
Woodard, and Mr. Speaker Whitthorne—32.
House Bill No. 27, to charter an Arms Company, &c., passed
its second reading.
House Bill No. 28, an act to repeal sections 272, 284, 285, and
296 of the Code of Tennessee, passed its second reading.
House Bill No. 23, an act to incorporate Powell's River Lead
Mining Company,
Mr. Caldw< 11 offered an amendment incorporating the Bumpass
Cave Lead Mining Company, which was adopted.
Mr. Williams of Hickman, offered an amendment incorporating
the HickmSn County Salt Petre Company; which was adopted.
The bill then passed its third reading, and was ordered to be
transmitted to the Senate.
The following message was received from the Senate:
Mr. Speaker :
I am directed by the Senate to invite the members of the House
of Representatives to witness the presentation of a Flag to the
Senate, at 11 o'clock, in the Senate Chamber.
Mr. Gantt, from the Joint Select Committee on Military Affairs,
reported House Bills Nos. 16 and 17 with a bill in lieu of both,
entitled, an act to amend the act to raise, organize and equip a
provisional force, and for other purposes.
Mr, Martin offered the following amendment to the bill in lieu:
Be it further enacted, That the rank and pay of Regimental
Chaplains, elected according to the provisions of an act passed
9th May, i 861, shall be that of Captain of Infantry ; which amend¬
ment was adopted.
Yeas 40
Nays 18
Representatives vuting in the affirmative are :
Messrs. Baker of Perry, Baker of Weakley, Barksdale, Bayless,
135
Caldwell, Cheatham, Cowden, Davidson, Davis, Ewing, Farley,
Farrelly, Ford, Frazier, Gantt, Gorman, Guy, Harris, Hurt, Ingram,
Kennedy, Kincaid of Claiborne, Lockhart, Martin, Mayfield, Nail,
Norman, Pickett, Richardson, Roberts, Russell, Sheid, So well,
Trevitt, White of Davidson, Whitmore, Williams of Franklin,
Wisener, Woods, and Mr. Speaker Whitthorne—40.
Those voting in the negative are :
Messrs. Beaty, Bledsoe, Dudley, Gillespie, Havron, Hebb,
Jones of Davidson, Jones of Overton, Kenner, Kincaid of Ander¬
son, Lea, McCabe, Morphis, Porter, Smith, Williams of Hickman,
Williamson, and Mr. Woodard—18.
On motion of Mr. Hurt, the vote adopting the amendment was
re considered ; whereupon Mr. Evving moved to strike out Captain
and insert Second Lieutenant of Infantry, which amendment was
adopted, and the amendment as amended, was adopted.
Mr. Porter offered the following amendment:
jBe it further enacted, That the Major General Commanding the
Provisional Army of Tennesste, is authorized to employ a Military
Secretary, who shall receive as compensation for his services the
pay of Second Lieutenant of Infantry ; which was rejected.
On motion, the vote rejecting the amendment was re.-consid-
ered.
On motion of Mr. Porter, the words, "the pay of Second Lieu¬
tenant of Infantry" was stricken out and fifty dollars per month
inserted ; the amendment, as amended, was then rejected
Yeas 25
Nays - 30
Representatives voting in the affirmative are:
Messrs. Baker of Weakley, Barksdale, Cheatham, Cowden, Dud¬
ley, Ewing, Farley, Ford, Gantt, Gorman, Guy, Harris, Hurt,
Jones of Davidson, Kennedy, Lea, Martin, Mayfield, Porter, Rus¬
sell, White of Davidson, Whitmore, Williams of Hickman, Wisener
and Mr. Speaker Whitthorne—25.
Those voting in the negative are:
Messrs. Baker of Perry, Bayless, Beaty, Bledsoe, Caldwell,
Davis, Farrelly, Frazier, Havron, Hebb, Ingram, Jones of Over¬
ton,Kenner, Kincaid of Anderson, Kincaid of Claiborne, Lockhart,
McCabe, Morphis, Nail, Norman, Richardson, Roberts, Sheid,
Smith, Sowell, Trevitt, Williams of Franklin, Williamson, Woods,
and Mr. Woodard—30.
When, on motion, the House adjourned until 3 o'clock P. M.
136
AFTERNOON SESSION.
The House resumed the consideration of the unfinished business,
being the consideration of a bill in lieu of House Bi'lls Nos. 16 and
17, to amend the act to raise, organize, and equip a provisional
force, and for other purposes.
Mr. Speaker Whitthorne (Mr. Martin in the Chair) offered the
following amendment to the sixth section of the bill in lieu; Pro¬
vided, they furnish their own arms, and accept service upon such
terms and conditions, and for such length of time as the Governor
may prescribe, which amendment was adopted.
Mr. Whitthorne offered the following amendment to the seventh
section of the bill in lieu : Strike out " of infantry," and insert "of
riflemen," and then strike out all after the word " election," in
the section, which was adopted.
Mr. Whitthorne offered the following section to the bill:
Be it further enacted, That this act take effect from and after
its passage, which was adopted.
Mr. Beaty offered the following amendment to the sixth section
of the bill in lieu. Provided, That they'be subject to the same rules
as the i egular cavalry service as to payyforage, and horses ; which
amendment was adopted. ». ,4 ,»
Mr. Wisener moved to amend the fourth section of the bill by
striking out that part requiring the value of the rations furnished
servanis of officers to be deducted from their pay; which motion
to amend failed.
Mr. Hebb moved to strike out that part of the eleventh section
authorizing the issuance of rations to servants of private soldiers;
which motion to amend was, on motion of Mr. Cowden, laid on
the table
Mr. Bledsoe moved to amend by striking out the eighth section
of the bill authorizing the appointment of drill instructors, &c.;
which motion to strike out failed.
Yeas - 26
Nays * 30
Representatives voting in the affirmative are:
Messrs. Baker of Perry, Baker of Weakley, Bledsoe, Dudley,
Ford, Gillespie, Gorman, Havron, Hebb, Jones of Overton, Kenner,
Kincaid of Anderson, Kincaid of Claiborne, Lea, Lockhart, Mor-
phis, Norman, Richardson, Roberts, Russell, Sowell, Trevitt, Whit-
more, Williams of Franklin, Williamson, and Mr. Wsodard—26.
Those voting in the negative are:
Messrs. Barksdale, Bayless, Beaty, Caldwell, Cheatham, Cow-
137
den, Davidson, Davis, Farley, Farrelly, Frazier, Gantt, Guy, Har¬
ris, Hurt, Ingram, Jones of Davidson, Kennedy, Maitin, Mayfield,
McCabe, iX all, Porter, Sheid, Smith, White of Davidson, Williams
of Hickman, Wisenei, Woods, and Mr. Speaker Whitthorne—30.
Mr. Ford cffered the following amendment:
Said Drill Master to be paid by the commissioned officers of the
regiment or brigade in which they serve : Provided, that the Com¬
missary and Quartermaster Departments shall be exempt from
paying any part of the salary of such Drill Master, other commis-
sionedofficers shall pay accoiding to rank; which amendment was
rejected.
Yeas 25
Nays - 31
Representatives voting in the affirmative are :
Messrs. Bayless, Bledsoe, Ford, Frazier, Gillespie, Gorman,
Havron, Jones of Overton, Kenner, Kincaid of Anderson, Lea,
Lockhart, Maylield, Morphis, Norman, Richardson, Roberts, Rus¬
sell, Sowell, White of Davidson, Whitmore, Williams of Franklin,
Williamson, Woodard and Mr. Speaker Whitthorne—25.
Those voting in the negative are:
Messrs. Baker of Perry, Baker of Weakley, Barksjale, Beaty,
Caldwell, Cheatham, Cowden, Davidson, Davis, Dudley, Farley,
Farrelly, Gantt, Guy, Harris, Hebb, Blurt, Ingram, Jones of David¬
son, Kennedy, Kincaid of Claiborne, Martin, McCabe, Nail, Por¬
ter, Sheid, Smith, Trevitt, Williams of Hickman, Wisener and
Mr. Woods—31,
Mr. Jones of Overton offered the following amendment to sec¬
tion 8:
Strike out Colonel and insert Captain, strike out Captain and
insert 1st Lieutenant ; which amendment was adopted.
Mr. Havron offered ihe following amendment :
Strike out in 8th section all that refers to Brigade Drill Masters ;
which amendment was adopted.
Mr. Lockhart demanded a division of the question on the pas¬
sage of the bill. The Speaker ruled a division of the question on
the final passage of the bill out of order.
The bill then passed its third reading.
Yeas - 53
Nays 00
Representatives voting in the affirmative are :
Me.-srs. Baker of Perry, Baker of Weakley, Baiksdale, Bayless,
Beaiy, Bledsoe, Caldwell, Cheatham, Cowden, Davidson, Davis,
Dudley, Farley, Farrelly, Frazier, Gantt, Gillespie, Gorman, Guy,
Harris, Havron. Hurt, Ingram, Jones of Davidson, Jones of Over¬
ton, Kenner, Kennedy, Kincaid of Anderson, Kincaid of Clai-
138
borne, Lea, Lockhart, Martin, Mayfield, McCabe, Morphis, Nail,
Norman, Pickett, Porter, Roberts, Sheid, Smith. Sowell, Trevitt,
"White of Davidson, Whitmore, Williams of Franklin, Williams of
Hickman, Williamson, Wisener, Woods, Woodard, and Mr.
Speaker Whitthorne—53.
The bill was then ordered to be transmitted to the Senate.
House Bill, No. 17, for the benefit of Cavalry Companies, was
laid upon the table.
Mr. Porter withdrew House Resolution, No. 52, for amendment.
Mr. Gantt, from the Joint Military Committee, reported House
Bills, No. 21, and recommends its passage with amendments , No.
20, and recommends its passage ; No. 22, and recommends a bill in
lieu. •
House Resolution, No, 53, was taken up.
Mr. Lockhart offered the following resolution in lieu :
Be it resolved by the General Assembly of the State of Tennessee,
That hereafter regimental Quartermasters and Commissaries be
elected by the different regiments; whereupon, Mr. Dudley de¬
manded the previous question, which was sustained.
The resolution was then adopted.
Y eas 50
Nays 6
Representatives voting in the affirmative are :
Messrs. Baker of Perry, Barksdale, Bayless, Beaty, Bledsoe,
Caldwell, Cheatham, Cowden, Davidson, Davis, Dudley, Farley,
Farrelly, Frazier, Gillespie, Gorman. Guy, Havron, Hebb, Hurt,
Jones of Davidson, Jones of Overton, Kenner, Kennedy, Kincaid
of Claiborne, Lea, Lockhart, Martin, Mayfield, McCabe, Morphis,
Nail, Norman, Pickett, Porter, Richardson, Roberts, Russell, Sheid,
Smith, Sowell, Trevitt, White of Davidson, Whitmore, Williams
of Franklin, Williams of Hickman, Williamson, Wisener, Woods,
and Mr. Woodard—50.
Those voting in the negative are:
Messrs. Baker of Weakley, Ford„ Harris, Ingram, Kincaid of
Anderson, and Mr. Speaker Whitthorne—6.
House Resolution, No. 45, requiring members and officers of
the House to take an oath to support the Constitution of the Con-
fed arate States,
Was, on motion of Mr. Dudley, laid upon the table.
Yeas 39
Nays ' 14
Representatives voting in the affirmative are:
Messrs. Baker of Perry, Baker of Weakley, Bayless, Bledsoe,
Caldwell, Cheatham, Davis, Dudley, Farley, Ford, Gillespie, Gor¬
man, Harris, Havron, Hebb, Hurt, Jones of Davidson, Kenner,
139
Kincaid of Anderson, Kincaid of Claiborne, Lockhart, Martin,
Mayfield, McCabe, Morphis, Nail, Norman, Pickett, Richardson,
Roberts, Russell, Sowell, Trevitt, White of Davidson, Williamson,
Wisener, Woods, Woodard and Mr. Speaker Whitthorne—39.
Those voting in the negative are:
Messrs. Barksdale, Beaty, Cowden, Frazier, Guy, Ingram, Jones
of Overton, Kennedy, Lea, Porter, Sheid, Smith, Whitmore, and
Mr. Williams of Hickman—14.
House Resolution, No. 49, tendering the Hermitage to the Con¬
federate States for a National Military Academy, was adopted.
House Resolution, No. 54, was taken up.
Mr. Nail offered the following resolution in lieu :
Resolved by the General Assembly of the State of Tennessee,
That the Secretary of State be, and he is hereby instructed to have
the coat of arms of the Confederate States substituted in place of
those now over the Speaker's chair.
Which was adopted in lieu, and the resolution#was adopted.
Mr. Lea, by leave of the House, introduced House Resolution,
No. 56, as follows :
Whereas, it is represented that J. M, Carter, the Doorkeeper of
this House has spoken in disrespectful terms of the members of
this House, in that he has accused a majority of members of
having perjured themselves ; therefore,
Resolved, That a Committee of five be appointed to inquire
into said charge and report to this House; that said Committee
have power to send for witnesses and to examine said Doorkeeper
if necessary.
On motion, the rules were suspended and the resolution adopted.
The Speaker appointed Messrs. Lea, Kennedy, Cheatham, Wood¬
ard, and Mr. Frazier, said Committee.
Mr. Speaker Whitthorne introduced House Bill, No. 30, to pro¬
vide for the election of Quartermasters and Commissaries by the
different regiments ; which passed first reading.
On motion of Mr. Sheid, the House adjourned until to-morrow
morning 9 o'clock.
140
SATURDAY MORNING, JUNE 22, 1861.
The House met pursuant to adjournment.
Mr. Speaker Whitthorne in the Chair.
The Journal of yesterday was read and approved.
The Speaker presented the following communication :
To the Speaker and members of the Mouse of Representatives:
I hereby tender my resignation as Doorkeeper of the House of
Representatives.
Respectfully, JAMES M. CARTER.
On motion of Mr. Farrelly, the resignation was accepted.
Mr. Caldwell moved that F. P. Wade be appointed principal
Doorkeeper of the House of Representatives ; which motion pre¬
vailed.
Mr. Martin obtained leave of absence for Mr Sheid until Monday.
Mr Farrelly entered a motion to reconsider the vote rejecting
House Bid, i\o. 26, an act to afnend sub-sections 1, 3, and 4 of *
section 4743 of the Code of Tennessee, defining treason.
Mr. Lea from the Special Committee to which was referred the
Treasury Note Bill, reported a bill in lieu and recommends its
passage.
Mr. Jones of Overton, introduced House Bill No. 31, an act to
repeal part of section 3965 of Code of Tennessee, and for other
purposes ; which passed fx« st reading.
Mr. Gillespie introduced House Bill No. 32, to legalize shoot¬
ing galleries, &c.; which parsed its first reading.
Mr. Jones of Overton, introduced House Bill No. 33, an act to
amend the military laws of this Male; which passed its first
reading.
House Bill No. 30, to provide for the election of Quartermas¬
ters and Commissaries by the different regiments, was taken up.
Mr. Hebb offered the following amendment: to allow said regi¬
ments to elect their Surgeons and Assistant Surgeons; which
amendment was njected.
The bill was then rejected.
Mr. Jones of Overton, moved to re-consider the vote rejecting
the bill ; which motion failed.
Mr. Davis introduced House Bill No. 34, a bill to defray the
expenses of the General Assembly of the State of Tennessee ;
which passed its first reading.
. Mr. Woods introduced House Bill No. 35, a bill to extend the
time for the redemption of real estate; which passed its first
reading.
141
Mr. Baker, from the Committee on Enrolled Bills, made the
following report:
The Committee on Enrolled Bills have examined House Bill
No. 23, entitled an act to incorporate Powell's River Lead Mining
Company, and find it correctly engrossed.
House Bill No 20, a bill to amend sections 14 and 15 of an
act passed May 6th, 1^61, entitled an act to raise, organize and
equip a provisional force, and for oth^r purposes.
Mr. Jones', of Davidson, amendment heretofore offered was
adopted.
Mr. Harris offered the following bill in lieu:
Be it enacted by the Creneral Assembly of the State of Tennessee,
That so much of an act passed on the day of 1861,
as authorizes the appointment of a Home Guard by the different
County Courts of this State be, and the same is hereby repealed ;
which, on motion of Mr. Farrelly, was laid upon the table.
Yeas 30
Nays 23
Representatives voting in the affirmative are:
Messrs. Batksdale, Bayless, Bennett, Davidson, Davis. Dudley,
Farley, Farrelly, Ford, Frazier, Guy, Ingram, Jones of Davidson,
Jones of Overton, Kennedy, Lea, Lockhart, Martin, Nail, Roberts,
Russell, Smith, Sowell, Trevitt, White of Davidson, Williams of
Hickman, Wisener, Woods, and Mr. Speaker Whitthorne—30.
Those voting in the negative are :
Messrs. Baker of Perry, Baker of Weakley, Bledsoe, Caldwell,
Cowden, Gillespie, Gorman, Harris, Havron, Hebb, Kenner, Kin-
caid of Anderson, Kincaid of Claiborne, Mayfield, McCabe, Mor-
phis, Norman, Porter, Richardson, Senter, V^hitmore, Williamson,
and Mr. Woodard—23.
Mr. Kennedy offered the following amendment: that County
Courts shall not appoint more than ten as home guards in each
civil district.
Mr. Mayfield demanded the previous question ; which motion
was sustained. The bill then passed its third reading.
Representatives voting in the affirmative are :
Messrs. Baker of Perry, Baker of Weakley, Barksdale, Bayless,
Bennett, Bledsoe, Cowden, Davidson, Davis, Dudley, Farley, Far¬
relly, Ford, Frazier, Gantt, Gillespie, Gorman, Guy, Harris, Hav¬
ron, Hebb, Hurt, Ingram, Jones of Davidson, Jones of Overton,
Kenner, Kennedy, Kincaid of Claiborne, Lea, Lockhart, Mayfield,
McCabe, Morphis, Nail, Norman, Porter, Roberts, Russell, Smith,
Sowell, Trevitt, White of Davidson, Whitmore, Williams of Hick¬
man, Williamson, Wisener, Woods, Woodard, and Mr. Speaker
Whitthorne—50.
Yeas
Nays
Y.
50
2
4
Those voting in the negative are :
Messrs. Kincaid of Anderson and Mr. Senter,—2.
The bill was then ordered to be transmitted to the Senate.
House Bill No. 21, a bill to increase the pay of first sergeants
of companies, was taken up.
Mr. Bledsoe moved to lay the bill upon the table, which motion
Representatives voting in the affirmative are :
Messrs. Bledsoe, Caldwell, Farley, Ford, Harris, Ingram, Kin¬
caid of Anderson, Kincaid of Claiborne, Norman, Porter, Trevitt,
White of Davidson, Williams of Hickman, Williamson, and Mr.
Speaker Whitthorne—15.
Those voting in the negative are :
Messrs. Baker of Perry, Baker of Weakley, Barksdale, Bayless,
Bennett, Cheatham, Cowden, Davis, Dudley, Farrelly, Frazier,
Gantt, Gillespie, Gorman, Guy, Havron, Hebb, Hurt, Jones of
Davidson, Jones of Overton,. Kenner, Kennedy, Lea, Lockhart,
Martin, Mayfield, McCabe, Morphis, Nail, Richardson, Roberts,
Russell, Smith, Sowell, Whitmore, Wisener, Woods, and Mr.
Woodard—38.
Mr. Porter offered the following amendment: after first ser¬
geant insert second, third and fourth sergeants ; which amend¬
ment was rejected.
The bill was then rejected.
Yeas • • 25
Nays 29
Representatives voting in the affirmative are :
Messrs. Baker of Perry, Baker of Weakley, Barksdale, Bennett,
Cowden, Davis, Farrelly, Gantt, Gillespie, Guy, Havron, Jones
of Davidson, Jones of Overton, Kenner, Lea, Lockhart, Mayfield,
McCabe, Morphis, Pickett, Russell, Whitmore, Williams of Hick¬
man, Wisener, and Mr. Woods—25.
Those voting in the negative are :
Messrs. Bayless, Bledsoe, Caldwell, Cheatham, Dudley, Farley,
Ford, Frazier, Gorman, Harris, Hebb, Hurt, Ingram, Kennedy,
Kincaid of Anderson, Kincaid of Claiborne, Martin, Nail, Norman,
Porter, Richardson, Roberts, Senter, Smith, Sowell, Trevitt, White
of Davidson, Williamson, and Mr. Woodard—29.
Mr Bayless entered a ijiotion to re-consider the vote rejecting
the bill.
The following message was received from the Senate :
Mr. Speaker:
failed.
Yeas
Nays
15
38
The Senate has concurred in House Resolution No. 46, re¬
questing Judges not to hold their Courts for the trial of cases
143
wherein debts and money are involved, and the same is herewith
returned for enrolment.
The Senate has also concurred in House Resolution No. 55, to
raise a Joint Committee on the Permanent Constitution of the
Confederate States, and it is herewith returned for enrolment.
The Speaker of the Senate has appointed Messrs. Horn,, Bar¬
row, and McNeilly, on the part of the Senate on said committee.
The Senate has passed on third reading, Senate, Bill No. 16, to
extend the time for perfecting land titles, and the same is here¬
with transmitted for the action of the House of Representatives.
I am directed by the Senate to transmit for the signature of the
Speaker of the House of Representatives, Joint Resolution in re¬
lation to test oaths and punishment for treason, and the same is
herewith transmitted.
The Speaker of the Senate has signed enrolled Joint Resolution
to provide for a Convention of the two Houses, to elect a State
Librarian, and the same has been deposited in the office of the
Secretary of State.
House Bill No. 22, an act for the relief of Quartermasters
and Commissaries in the provisional army of Tennessee, was
taken up.
The Committee's bill in lieu was adopted.
The bill was then rejected.
Yeas 26
Nays 29
Representatives voting in the affirmative are:
Messrs. Baker of Perry, Baker of Weakley. Barksdale, Bennett,
Cheatham, Cowden, Davidson, Farley, Farrelly, Gantt, Gillespie,
Guy, Havron, Hurt, Jones of Davidson, Kennedy, Lea, Morphis,
Nail, Pickett, Smith, White of Davidson, Whitmore, Williams of
Hickman, Wisener, and Mr. Woodard—26.
Those voting in the negative are:
Messrs. Bajless, Bledsoe, Caldwell, Davis, Dudley, Ford, Frazier,
Gorman, Harris, Hebb, Ingram, Jones of Overton, Kenner, Kin-
caidof Anderson, Kincaid of Claiborne, Lockhart, Martin, May-
field, McCabe, Norman, Porter, Richardson, Roberts, Russell,
Senter, Sowell, Trevitt, Williamson, and Mr. Woods—29.
Mr. Lockhart moved to reconsider the vote rejecting the bill,
which motion prevailed.
The bill then passed its third reading.
Representatives voting in the affirmative are:
Messrs. Baker of Perry, Baker of Weakley, Barksdale, Bayless,
Bennett, Cheatham, Cowden, Davidson, Farley, Farrelly, Frazier,
Yeas
Nays'
30
20
144
Gantt, Gillespie, Guy, Havron, Hurt, Ingram, Jones of Davidson,
Kennedy, Lea, Lockhart, Morphis, Mall, Pickett, Smith, White of
Davidson, Whitmore, Williams of IlicKman, Wisener, and Mr.
Woodard—30.
Those voting in the negative are :
Messrs. Bledsoe, Caldwell, Davis, Dndley, Ford, Gorman, Har¬
ris,' Jones of Overton, Kenner, Kincaid of Anderson, May field,
Norman, Porter, Roberts, Russell, Senter, Sovvell, Trevitt, Wil¬
liamson, and Mr. Woods—20.
The bill was then ordered to be transmitted to the Senate.
The following message was received from the Senate :
Mr. Speaker:
The Senate has amended and concurred in House Resolution,
No. 50, to authorize the Military and Financial Board to appoint
persons to settle accounts at Memphis and Knoxville, and the
same is herewith returned for lurther action.
Mr. Baker from the Committee on Enrolled Bills made the fol¬
lowing report:
The Committee on Enrolled Bills have examined House Reso¬
lutions Nos. 49, 53, and 54, and find them correctly engrossed ;
also House Bill, No. 18, and find the same correctly engrossed.
House Bill, No. 24, an act to provide for the issuance of Treasury
Notes.
The bill in lieu offered by the Special Committee was adopted,
and the bill passed its third reading.
Yeas * 44
Nays 8
Representatives voting in the affirmative are:
Messrs. Baker of Weakley, Barksdale, Bayless, Bennett, Bled¬
soe, Caldwell, Cheatham, Cowden, Davis, Dudley, Farley, Farrelly,
Ford, Frazier, Gantt, Gillespie, Gorman, Guy, Havron, Hebb,
Hurt, Ingram, Jones of Davidson, Jones of Overton, Kenner,
Kennedy, Kincaid of Anderson, Kincaid of Claiborne, Lea, Lock-
hart, May field, Morphis, Nail, Norman, Pickett, Porter, Russell,
Smith, Sowell, Trevitt, White of Davidson, Whitmore, Wise¬
ner, and Mr. Woods—44.
Those voting in the negative are:
Messrs. Baker of Perry, Harris, McCabe, Roberts, Senter, Wil¬
liams of Hickman, Williamson, and Mr. Woodard—8.
House Bill, Mo. 27, to charter an Arms Company, passed its
third reading, and was ordered to be transmitted to the Senate.
House Bills Nos. 25 and 28, were passed over informally.
Senate message, being Senate amendments to House Resolu¬
tion Mo. 50, to authorize the settlement of accounts with Mem¬
phis and Knoxville, was concurred in by the House.
145
Senate Bill, No. 16, to extend the time for perfecting land titles,
passed its first reading.
Mr. Gantt introduced House Bill No. 36, to authorize the Bank
of Tennessee to pay out the treasury notes of the Confederate
States, and for other purposes; passed its first reading.
On motion of Mr. Cheatham, the House adjourned until 10
o'clock Monday morning.
MONDAY MORNING, JUNE 24, 1801
The House met pursuant to adjournment.
In the absence of the Speaker, on motion of Mr. Cheatham,
Mr. Lea was called to the Chair.
Mr. Dudley from Special Committee, upon House Bill No. 29,
an act to submit to the popular vote an ordinance for the adop¬
tion or rejection of the Permanent Constitution of the Confeder¬
ate States, returned the same and recommended its passage.
Mr. Lea from the Special Committee, submitted the following
report; which was ordered to be spread upon the Journal.
The Special Committee to whom was referred House Resolu¬
tion No.—, preferring certain charges against Mr Carter, the Door¬
keeper, would respectfully report that they proceeded to take the
statement of Mr. Carter, which your Committee considered fully
.sustained the charges preferred, and the committee were prepar¬
ing to take other proof when Mr. Carter resigned his position as
Doorkeeper of this House. Your Committee believing the resig¬
nation to be an admission of the charges preferred, would ask to
be discharged from the further consideration of the subject.
BEN J. J. LEA, Chairman.
Mr. Bledsoe introduced House Resolution, No. 57.
Resolved by the General Assembly of the State of Tennessee, That
the Committee on Finance be instructed to report the time of
actual service of each member of both Houses attending the
remainder of the present extra session of the General Assembly,
and that members be required to report the time so served, to¬
gether with their actual expenses in traveling to and from the
seat of Government, to the said Committee ; which resolution lies
over.
10_H.
146
Mr- Baker of Perry, introduced House Resolution No. 58:
Resolved by the General Assembly of the State of Tennessee, That
the Senators ot the State of Tennessee now represenling this
State in the Senate of the United States, are hereby instructed to
resign their seats as said Senators.
Resolved, That a copy of this resolution be forwarded by the
Governor to each of said Senators; which by leave, he alterwards
withdrew lrom the files; which resolution lies over.
The following bills were introduced and severally passed iheir
first reading :
Mr. Jones of Overton introduced House BilhNo. 37, an act to
authorize revivor of suits in certain cases.
Mr. W hite of Davidson imroduced House Bill No. 38, a bill
for the relief of the iEtna Insurance Company.
Mr. Lcckhart introduced House Bill No. 39, a bill for the relief
of volunteers.
Senate Bill No. 16, to extend the time for perfecting land
titles; was rejected.
House Bill No. 31, an actio repeal part of section 3995 of Code
of Tennessee, and for other purposes, was taken up.j
Mr. Jones ol Overton, offered the following amendment:
Be it further enacted, That all laws of this State, directing and
authorizing an election to be held in this State for the purpose of
electing members or Rr presentatives to the House of Representa¬
tives oi the United States of America be, and the same are here¬
by repealed. »
The bill then passed its second reading.
House Bill No. 33, an act to amend the Militia Laws of this
State, passed its second reading.
House Bill No. 32, to legalize shooting gallaries, passed its se¬
cond reading.
House Bill No. 34, a bill to defray the expenses of the General
Assembly ot the State of Tennessee, passed its second reading.
House Bill No. 35, a bill to extend the time lor the redemption
of real estate, passed its second reading
The Committee on Enrolled Bills made the following report:
The Committee on Enrolled Bills have examined House Reso¬
lutions Nos. 46 and 50, and find them correctly enrolled and ready
for the signature of the Speaker.
The Committee on Enrolled Bills have examined House Reso¬
lution No. 51, and find it correctly enrolled. Also, House Bills
Nos. lb, 26 and 27, and find them correctly engrossed.
House Bill No 36, an act to authorize the Banks ot Tennessee
to pay out the Treasury Notes of the Confederate Slates, and for
other purposes.
Mr. Gantt offered an amendment, which was adopted.
147
The Bill then passed its second reading, and was referred to a
Special Committee, consisting of Messrs. Dudley, Gantt, Martin,
Farrelly, and Caldwell.
House Bill No. 21, to increase the pay of first sergeants of com¬
panies, was taken up.
Mr. Bayless' motion to re-consider prevailed, and the bill passed
its third reading.
Yeas 30
Nays 24
Representatives voting in the affirmative are:
Messrs. Baker of Perry, Baker of Weakley, Barksdale, Bayless,
Bennett, Cheatham, Cowden, Davis, Dudley, Ford Frazier, Gantt,
Gillespie, Guy, Havron, Jones of Davi.ison, Jones of Overton,
Kenner, Lea, Lockhart Martin, May field, McCabe, Nail, Russell,
Sheid, White of Davidson, Whitmore, Williams of Hickman, and
Mr. Speaker Whitthorne—30.
Those voting in the negative are :
Messrs. Bledsoe, Butler, Caldwell, Critz, Farley, Gorman, Har¬
ris, Hebb, Hurt, Ingram, Kennedy, Kincaid of Anderson, Kincaid
ol Claiborne, Morris, Morphis, Norman, Porter, Richardson, Rob¬
erts, Senter, Smith, So well, Trevitt, and Mr. Woodard—24. •
The Bill was ordered to be transmitted.
House Bill No. 25, to suspend the office of Commissioner of
Roads, passed third reading.
Representatives voting in the affirmative are :
Messrs. Baker of Weakley, Barksdale, Bennett, Bledsoe, Cald¬
well, Cowden, Critz, Davis, Ford, Gillespie, Gorman, Guy, Hav¬
ron, Hebb, Jones of Overton, Kenner, Martin, Mayfield, McCabe,
Morris, Morphis, Norman, Richardson, Roberts, Russell, Senter,
Sheid, Smith, Sovvell, and Mr. Woodard—30.
Those voting in the negative are:
Messrs. Baker of Perry, Bayless, Cheatham, Davidson, Dudley,
Farley, Farrelly, Frazier, Gantt, Harris, Hurt, Ingram, Jones of
Davidson, Kennedy, Kincaid of Anderson, Kincaid of Claiborne,
Lea, Lockhart, Nail, Pickett, Porter, Trevitt, White of Davidson,
Whitmore, Williams of Hickman, and Mr. Speaker Whitthorne
—26.
The bill was ordered to be transmitted.
House Bill No. 28, to repeal sections 272, 284, 285, and 296 of
the. Code, was taken up.
Mr. Kennedy offered the following amendment: strikeout "re¬
pealed," and insert " is suspended for twelve months," which was
adopted ; the bill passed its third reading.
■ - Yeas
Nays
30
26
148
Yeas 47
Nays 7
Representatives voting in the affirmative are*
Messrs. Baker of Perry, Baker of Weakley, Barksdale, Bayless,
Bernett, Bledsoe, Butler, Caldwell, Cheatham, Cowden, Critz,
Davis, Dudley, Farley, Ford, Frazier, Gantt, Gillespie, Gorman,
Havron, Hebb, Hurt, Ingram, Jones of Davidson, Kennedy, Kin-
caid, of Anderson, Rincaid of Claiborne, Lea, Lockhart, Martin,
Mayfield, McCabe, Morphis, Nail, Norman, Pickett, Porter, Rus¬
sell, Sheid, Smith, Sowell, Trevitt, White of Davidson, Whitmore,
Williams of Hickman, Woodard, and Mr. Speaker Whitthorne
—47.
Those voting in the negative are :
Messrs. Harris, Jones of Overton, Kenner, Morris, Richardson,
Roberts, and Mr. Senter—7.
The bill was ordered to be transmitted to the Senate.
On motion of Mr. Cheatham, the House adjourned until 3
o'clock P. M.
AFTERNOON SESSION.
Mr. Whitmore demanded a call of the House.
The following gentlemen failed to respond to their names, viz:
Messrs. Bayless, Beaty, Bennett, Bicknell, Brazelton, Britton,
Cowden, Doak, Dudley, Ewing. Gantt, Gorman, Greene, Havron,
Hurt, Johnson, Morris, Norman, Pickett, Russell, Shrewsbury,
Smith, Trewhitt, Vaughn, White of Dickson, Williams of Frank¬
lin, Williams of Knox, Williamson, Wisener, and Mr. Woods—29.
Messrs. Dudley, Hurt, Morris, Havron, Bayless, and Gantt ap¬
peared ; when,
On motion of Mr. Whitmore, further proceedings under the call
were dispensed with.
The following message^was received from the Senate:
Mr. Speaker :
The Senate has adopted Senate Resolution No. 44, on river de-
fanses, and Senate Resolution No. 46, for the sale of a portion of
the Hermitage tract of land, and the same are herewith trans¬
mitted for the action of the House of Representatives.
149
I am directed to transmit for the consideration of the House of
Representatives, a petition from the citizens of Shelby county,
asking the passage of relief laws, and the same is herewith trans¬
mitted.
The Senate has concurred in House Resolution No. 54, in re¬
lation to the Coat of Arms over the Speaker's Chair, and the same
is herewith returned for enrollment.
The Senate has considered House Resolution No. 49, tendering
the Hermitage to the Confederate States for a National Military
Academy, and have laid the same on the table.
The Speaker of the Senate has signed enrolled Joint Resolution
in relation to test oaths and punishment for trea on, and the same
has been deposited in the office of the Secretary of State.
Mr. Sowell obtained leave of absence for Mr. Smith.
Senate Message, being Senate Resolution No. 44, resolution on
River Defenses, was adopted by the House,
Senate Resolution No. 46, for the sale of a portion of the
Hermitage tract of land, was,
On motion of Mr. Farrelly, laid upon the table.
Mr. Shied, by leave of the House, introduced House Bill No. 40,
A bill to ame :d an act passed , 1860, chapter 80, to increase
the revenue of the State ; which bill passed its first reading.
Mr. Lea, by leave, introduced House Bill No. 41, an act to
abate suits of aliens ; which bill passed its first reading.
On motion of '.Jr. Bledsoe, the, rules were suspended, and
House Resolution No. 57 was taken up and adopted by the
House.
House Bill No. 29, an act to submit to the popular vote an or¬
dinance for the adoption or rejection of the Permanent Constitu¬
tion of the Confederate States; which bill passed its second
reading.
On motion of Mr. Lea, the House adjourned until 9 o'clock
to-morrow morning.
TUESDAY MORNING, JUNE 25, 1861.
The House met pursuant to adjournment.
Mr. Speaker Whitthornein the Chair.
The Journal of yesterday was read and approved
150
Mr. Baker of Perry, from the Committee on Enrolled Bills made
the following report:
The Committee op Enrolled Bills have examined House Reso¬
lution No. 57 ; also, House Bills Nos. 21, 25, and 28, and find
them correctly engrossed.
Mr. Dudley introduced House Resolution No. 59, resolution in¬
structive to our Delegates in the Southern Congress; which reso¬
lution lies over.
Mr. Farrelly introduced House Bill No. 42, to incorporate the
Confederate Paper Mill Company ; which passed its first reading.
Hou-e Bill No. 38, a bill for ti e relief of the iEtna Insurance
Company ; passed its second reading.
House Bill No. 37, an act to authorize revivor of suits in certain
cases ; passed its second reading.
House Bill No. 39, a bill for the relief of volunteers.
Mr. BaUess moved to strikeout, in section 3, $5 50, and insert
$8 per month, which amendment was adopted ; the bill then
passed its second reading; which, with Mr Gantt's memorial,
was referred to a Special Committee consisting of Messrs. Lock-
hart, Cowden, White of Davidson, Kenner, and Mayfield.
House Bill No 38, was referred to Special Committee, of which
Mr. Dudley is Chairman.
House Bill No. 40, a bill to amend an act passed , 1860,
chapter 80, to increase the revenue ot the State ; passed its se¬
cond reading.
House bill No. 41, an act to abate suits of aliens; passed its
second reading.
House Bill No. 29, an act to submit to the popular vote, an or¬
dinance for the adoption or rejection of the Permanent Constitu¬
tion of the Confederate States.
Mr. Hurt offered a bill in lieu, providingfor a convention of the
people of Tennessee, to be elected at the next regular election,
and to meet in September next.
On motion of Mr. Hurt, the further consideration of the bill
was postponed until 4 o'clock this afternoon.
Mr. Dudley, from the Special Committee, returned House Bill
No. 36, an act to authorize the Banks of Tennessee to pay out
the Treasury Notes of the Confederate States, and for other pur¬
poses, with the following report:
The Committee recommend the passage < f bill with amend¬
ments on pages marked amendments, from one to five inclusive.
House Bill No. 3), an act to repeal part of section 3965 of Code
of T ennessee, and for other purposes; the bill passed its third
reading.
T r
x eas
N ays
52
3
151
Representatives voting in the affirmative are :
Messrs. Baker of Perry, Baker of Weakley, Barksdale, Bayless,
Bennett, Bledsoe, Cowden, Critz, Davidson, llavis, Dudley, Parley,
Farrelly, Ford, Frazier, Gantt, Gillespie, Gorman, Guy, Harris,
Havron, Hebb, Hurt, Jones of Davidson, Jones of Overton,
Kenner, Kennedy, Kincaid of Claiborne, Lea, Lockhart, Martin,
Mayfield, McCabe Morris, Morphis, Nail, Norman, Pickett, Porter,
Roberts, Russell, Sheid, Smith, Sowell, Trevitt, White of Davidson,
Whitmore, Williams of Hickman, Williamson, Wisener, Woods,
and Mr. Speaker Whitthorne—52.
'Those voting in the negative are:
Messrs. Butler, Senter, and Mr. Woodard—3.
The bill was ordered to be transmitted to the Senate.
House Bill No. 33, an act to amend the militia laws of this
State.
Mr. Kennedy offered to amend by striking out in the first sec-
tioh, the word ''male," and insert "citizens;" which motion
failed.
Mr. Baker of Perry offered the following amendment:
Be it further enacted. That section 16, of an act entitled an act
to defray the expenses of the'General Assembly, passed the 9th
of May, 1861, be so amended that the Adjutant General of the
Militia of this State, from and after the passage of this act, shall
only receive as his salary the sum of one hundred dollars per
month, to be paid as provided in said act. unless he is acf.ua lly
engaged in the field, as said officer, or upon field or camp duties,
as said officer, by command of the Governor; then he is to re¬
ceive the pay provided in this act; which was rejected,
MP. Wisener offered the following amendment:
Be it further enacted, That the compensation of non-commis¬
sioned officers and privates heretofore received or hereafter to be
received into the volunteer service during the present war, shall
be increased nine dollars per month, and that, should the militia
be called to actual service, the non-commissioned officers and
privates thereof, shall have the same pay as provided for volun¬
teers.
Mr. Farrelly moved to lay the amendment upon the table ;
which motion failed.
Yeas j .21
Nays 36
Representatives voting in the affirmative are:
Messrs. Baker of Weakley, Bayless, Critz, Davis, Dudley, Far¬
ley, Farrelly, Ford, Gantt, Harris, Hebb, Jones of Davidson, Jones
of Overton, Kennedy, Martin, McCabe, Nail, Tcevitt, White of
Da vidson, Woods, and Mr. Speaker Whitthorne—21.
Those voting in the negative are:
152
Messrs. Baker of Perry, Barksdale, Bayless, Bennett, Bledsoe,
Butler, Caldwell, Cheatham, Cowden, Davidson, Frazier, Gillespie,
Gorman, Havron. Hurt, Iienner, Kincaid of Anderson, Kincaid of
Claiborne, Lea, Lockhart, Mayfield. Morris, Morphis, Norman,
Porter, Richardson. Roberts, Russell, Senter, Sheid, Smith, Sowell,
Whilmore, Willams of Hickman, Williamson, Wisener, and Mr.
Woodard—36.
Mr. Hebb offered the following amendment to Mr. Wisener's
amendment: That the pay of soldiers and non commissioned of¬
ficers shall be increased to fifty dollars per month ; which on mo¬
tion of Mr. Whitmore, was laid on the table.
Mr. Bayless moved that the further consideration of the bill be
passed over informally ; which motion failed.
Mr. Dudley offered the following amendment to Mr. Wisener's
amendment:
Be it further enacted, That the pay of the officers of the army
be scaled to sufficient sum to make the increased pay of the pri¬
vates herein contemplated; v.hen,
On motion of Mr. Hebb, the bill and amendments were referred
to a Special Committee, consisting of Messrs. Hebb, Bledsoe, and
Havron.
House Bill No. 32, to legalize shooting galleries, &c., on motion
of Mr. Ford, was laid upon the table.
House Bill No. 34, to defray the expenses of the General As¬
sembly, was passed over informally.
House Bill No 35, a bill to extend the time for the redemption
of real estate ; passed its third reading,
• Yeas 45
Nays 12
Representatives voting in the affirmative are :
Messrs Armstrong, Baker of Perry, Barksdale, Bayless, Ben¬
nett, Bledsoe, Butler, Caldwell, Cheatham, Cowden, Critz, David¬
son, Davis, Dudley, Farley, Farrelly, Gantt, Gillespie, Gorman,
Havron, Hebb, Jones of Davidson, Jones of Overton, Kenner,
Kennedy, Kincaid, of Claiborne, Kincaid of Anderson, Lea, Lock-
hart, Martin, McCabe, Morris, Morphis, Nail, Richardson, Russell,
Senter, Shied, Smith, Sowell, Tre\itt, White of Davidson, Whit¬
more, Williamson, and Mr. Woods—45
Those voting in the negative ar.e :
Messrs. Baker of Weakley, Frazier, Harris, Hurt, Mayfield,
Norman, Porter, Roberts, Williams of Hickman, Wisener, Wood¬
ard. and Mr. Speaker Whitthorne—12
The bill was ordered to be transmitted to the Senate.
House Bill No. 36, an act to authorize the Banks of Tennessee
to pay out the Treasury Notes of the Confederate States, and for
other purposes; the amendments offered by the Committee were
adopted.
153
Mr. Gantt offered a series of amendments; pending the consider¬
ation of which,
On motion of Mr. Whitthorne/ the bill was made the special
order for to-morrow morning at 11 o'clock, and seventy-five
copies ordered to be printed for the use of the House.
Mr. Cheatham introduced House Bill No. 43, to charter a Let¬
ter Express Company; which passed its first reading.
Mr. Gantt's motion to reconsider the vote indefinitely postponing
House Bill No. 15, an act directory to Superintendent of Public
Instruction, prevailed ; the bill was then rejected.
Yeas 21
Nays 33
Representatives voting in the affirmative are :
Messrs. Baker of Weakley, Barksdale, Bennett, Davis, Farley,
Farrelly, Frazier, Gantt, Hebb, Jones of Davidson, Lea, Lcok-
hart, Martin, McCabe, Nail, Porter, Sheid, White of Davidson,
Whitmore, Williams of Hickman, and Mr. Woods—21.
Those voting in the negative are:
Messrs. Baker of Perry, Bayless, Bledsoe, Caldwell, Cheatham,
Cowrlen, Critz, Davidson, Dudley, Ford, Gillespie, Gorman, Har¬
ris, Havron, Hurt, Jones of Overton, Kenner, Kennedy, Kincaid
of Anderson, May fie Id, Morris, Morphis, Norman, Richardson,
Roberts, Russell, Senter, Smith, Sowell, Trevitt, Williamson,
Wisener, and Mr. Woo lard—33.
Mr. Farley, to whom was referred a memorial of citizens of
Shelby county, submitted the following report:
The Committee to whom was referred the memorial of sundry,
citizens of Shelby county, praying for the enactment of a relief
law, beg leave to make the following report :
1. That so far as said memorial refers to putting the whole body
of citizens on a war footing, your Committee would state that,
this is being done as rapidly as possible ; volunteer soldiery are
being supplied with arms as fast as the same can be procured
and the militia laws of the State contemplate the training and
drilling of all the citizens capable of bearing arms. It is to be
hoped that these laws will be carried into immediate effect, and
additional legislation if necessary, will be entered into for the
purpose of adding to their efficiency.
2. Under the decision of the Supreme Court, your Committee can
devise no scheme of legislation by which the collection of execu¬
tions can be stopped, or the closing of peremptory deeds of trust be
prevented, under the pressure of the times it is to be regretted
that the Legislature has no power to meet the wishes of your
memorialists. All of which is respectfully submitted.
W. T. FARLEY, Committee.
On motion, the House adjourned until 3 o'clock P. M.
154
AFERNOON SESSION.
Mr. Hurt, by leave of the House, introduced House Resolution
No. 60 :
Resolved by the House of Representatives, {the Senate concurring,)
That this General Assembly adjourn sine die on Saturday, the 29th
of June, at 4 o'clock.
On motion of Mr. Hebb, the rules were suspended to consider
the resolution ; whereupon Mr. Whitmore moved to lay the reso¬
lution upon the table ; which motion failed.
Yeas 20
Nays .84
Representatives voting in the affirmative are :
Messrs. Barksdale, Ba\less, Bennett, Critz, Davis, Dudley, Far-
relly. Gantt, Harris, Havron, Hebb, Kennedy, Lockhart, Martin,
McCabe, Sheid, Trevitt, White of Davidson, Whitmore, and Mr.
Williamson—20. v
Those voting in the negative are:
Messrs. Armstrong, Baker of Perry, Baker of Weakley, Bled¬
soe, Caldwell, Cowden, Davidson, Farley, Ford, Frazier, Gillespie,
Gorman, Guy, Hurt, Ingram, Jones of Overton, Kenner, Kincaid
of Anderson, Kincaid of Claiborne, Mayfield, Morris, Morphia,
Nail, Norman, Porter, Richardson, Roberts, Kussell, Senter,Smith,
Sowell, Woodard, and Mr. Speaker Whitthorne—34.
Mr. Gorman moved to amend by striking out 4 o'clock P. M.,
and inserting 12 o'clock M.; which motion failed.
Mr. Farrelly moved to amend by striking out Saturday, the 29th
instant, and inserting Monday, July 1st; which motion to amend
prevailed.
The resolution was then adopted.
Yeas 35
Nays 22
Representa'ives voting in the affirmative are:
Messrs. Armstrong, Baker of Perry, Baker of Weakley,' ledsoe,
Caldwell, Davidson, Davis, Dudley, Ford, Gantt, Gillespie, Gor¬
man, Guy, Harris, Hurt, Jones of Davidson, Jones ot Overton,
Kenner, Kennedy, Kincaid of Anderson, Kincaid of Claiborne,
Lea, Lockhart, Mayfield, Morphis, Norman, Porter, Richardson,
Roberts, Russell, Senter, Smith, Sowell, Trevitt, and Mr. Wood¬
ard—35.
Those voting in the negative are :
M essrs. Barksdale, Bay less, Bennett, Butler, Cowden, Critz, Far¬
ley, Farrelly, Frazier, Havron, Hebb, Martin, McCabe, Morris,
155
Na]l,Sheid, White of Davidson, Whitmore, Williamson, Wisener,
Woods, and Mr. Speaker Whitthorne—22.
A motion to transmit the resolution tailed.
The special order being House Bill No. 20, an act to submit to
the popular vote an ordinance for the adoption or rejection of the
Pe rmanent Constitution < t the Confederate States.
fylr. Hurt, by leave of the House, withdrew his bill in lieu, pro¬
viding for a Convention by the people of Tennessee; whereupon,
Mr. Martin renewed the bill in litu.
When, on motion of Mr. Morphis, the bill in lieu was laid upon
the table.
Yeas 36
Nays 20
Representatives voting in the affirmative are :
Messrs. Baker ofPerry, Baker of Weakley, Barksdale, Bayless,
Bennett, Bledsoe, Cow den, Critz, Davidson, Farley, Farrelly, Ft a-
zier, Gantt, Guy, Havron, Hebb, Jones of David.-on, Jones of
Overton, Kenner, Kennedy, Kincaid of Claiborne, Lea, Lockhart,
McCabe, Morphis, Nail, Porter, Roberts, Sheid, Smith, Sowell,
Trevitt, Whitmore, Wisener, Woods, and Mr. Speaker Whitthorne
—36.
Those voting in the negative are :
Messrs. Armstrong, Butler, Caldwell, Davis, Dudley, Ford, Gil¬
lespie, Gorman, Harris, Kincaid of Anderson, Martin, Mayfit-ld,
Morris, Norman, Richardson, Russell, Senter, White of Davidson,
Williamson, and Mr. Woodard—20.
The bill then passed its third reading.
Yeas 44
Nays 12
Representatives voting in the affirmative are:
Messrs. Baker ofPerry, Baker of Weakley. Barksdale, Bayless,
Bennett, Bledsoe, Cowden, Critz, Davidson, Davis, Dudley, Far¬
ley, Farrelly, Ford, Frazier, Gantt, Guy, Harris, Hebb, Hurt,
Jones of Davidson, Jones of Overton, Kenner, Kennedy, Lea,
Lockhart, Martin, Mayfield, McCabe, Morphis, Nail, Porter,
Roberts, Russell, Sheid, Smith, Sowell, Trevitt, White of David¬
son, Whitmore, Williams of Hickman, Wisener, Woods, and Mr.
Speaker Vv hitthorne—44.
Those voting in the negative are :
Messrs. Armstrong, Caldwell, Gillespie, Gorman, Havron, Kin¬
caid of Anderson, Kincaid of Claiborne, Morris, Norman, St liter,
Williamson, and Mr. Woodard.—12.
The bill was ordered to be transmitted to the Senate.
The following message was received from the Senate:
156
Mr. Speaker:
The Senate has amended and passed on third reading, House
Bill No. 22, to amend the act to raise, organize and equip a pro¬
visional force, ;ind the same is herewith returned for the further
action of Tie House of Representatives.
Senate Message, being Senate amendments to House Bill No.
22, to amend an act to raise, organize and equip a provisional
force, and for other purposes.
Mr. Martin moved to amend Senate amendment No. 1, as fol¬
lows :
After the word volunteer in 12th line, insert his security or ac¬
commodation endorser; which was adopted, and the amendment
as amended was concurred in by the House.
Senate amendment No. 2, was concurred in, and the bill was
ordered to be returned for the further action of the Senate.
Mr. Porter, by leave introduced House Resolution No. 61, as
follows :
Resolved, That the Special Committee on the Permanent Con¬
stitution of the Confederate States be instructed to inquire into
the expediency of districting the State at this session into Con¬
gressional and Electoral districts in accordance with a law of the
Provisional Congress of said States, and also that they report by
bill or otherwise.
On motion, the rules were suspended, and the resolution adopted.
On motion of Mr. Lockhart, the House adjourned until 9
o'clock to-morrow morning.
WEDNESDAY MORNING, JUNE 26, 1861.
The House met pursuant to adjournment.
Mr. Speaker Whittborne in the Chair.
The Journal of yesterday was read and approved.
Mr. Lockhart presented the petition of the Marion Dragoons
and Marshall Rangers, praying the passage of some law to corn-
pel or receive the free negroes of the State in the army as cooks,
&c.
Referred to select committee, of which Mr. Lockhart is chair¬
man.
157
Mr. Baker, from the Committee on Enrolled Bills, made the
following report:
The Committee on Enrolled Bills have examined House Bill
No. 29, and find the same correctly engrossed.
Mr. Hebb, from the committee on House Bill No. 33, an act to
amend the militia laws of this State, returned the same and re¬
commended its rejection.
Mr. Dudley, from the special committee, returned House Bill
No. 38, for the relief of the iEtna Insurance Company, and re¬
commend a bill in lieu.
Mr. Lockhart, from the special committee, returned House Bill
No. 39$ for the relief of volunteers, and recommend its passage,
with amendments.
Mr Gantt offered House Resolution No. 62, as follows:
Resolved by the House of Representatives, That the Military
Committee, be directed to enquire and report as early as prac¬
ticable—
1st. The number of regiments of Tennessee volunteers in en¬
campment in the State, and provided with arms and equipments
ready for active service in the field.
2d. The number of cavalry companies, and the extent of the
supply of cavalry equipments.
3d. The whole number of volunteers tendered and accepted
by the Governor for immediate service.
4th. The number of organized companies embraced in the re¬
serve of thirty thousand, according to the 1st section of the act
of May 6th, 1861.
5th. What steps, if any, have been taken in reference to the
chief control and direction of the Tennessee forces by the Gov¬
ernment of the Confederate States.
6th. Whether the Provisional Army of the State of Tennessee
is now a part of the forces of the Confederate States; and if not,
on what footing the same stands, and what legislation, if any, is
needed on the subject.
7th. In view of our military league, and ratification of the Pro¬
visional Constitution of the Confederate States, whether the ex¬
penses of the Tennessee forces is not to be borne by the Confed¬
erate States, and the understanding, if any, on this subject, between
the Administration of the Confederate States and the Governor
and Military and Financial Boards of Tennessee.
8th. That the Committee report upon the necessity and pro¬
priety of despatching a commissioner to the authorties of the
Confederate States at Richmond, touching the subjects embraced
herein, and the defences of the State.
Which resolution lies over.
Mr. Lockhart introduced House Resolution No. 63, as follows:
Whereas, The people of the great State of Tennessee, acting
158
in their highest sovereign capacity, have declared at the ballot-
box. by an unprecedented majority, that the said §>tate is, and
shall be, a free, sovereign and independent State; and whereas^
our Governor, acting according to the forms of law, and in obe»
dience to the sovereign will of the people, has issued h s proola
mation, declaring the State of Tennessee independent of the
Federal Government of the United States of America; therefore,
Resolved by the General Assembly of the State of Tennessee, That
it is the duty of each citizen of the State of Tennessee to yield obe¬
dience to the sovereign will of the people so expressed ; and we, the
members of the General Assembly nf the State of Tennessee, do
hereby pledge ourselves that we will faithfully abide by the Dec¬
laration of Independence of \he State of Tennessee, so ratified
on the 8th day of June, 1801, a«nd will use all our influence to in¬
duce the honest masses who voted against it to do the same; and
that we will resist at all hazards and to the last extremity any
attempt on the part of the traitors, Andrew Johnson, Emer¬
son Etheridge. and their less prominent associates, to induce any
portion of the people of the State of Tennessee to rebel against
the sovereign will of the people of our Stale so expressed.
Mr. Barksdale moved to suspend the rules, to take up the reso¬
lution ; which motion failed.
Whereupon, Mr. Cheatham moved to reconsider the vote refus¬
ing to suspend the rules.
When, by leave of the House, Mr. Lockhart withdrew the Res¬
olution from the files.
Mr. Dudley, from the special committee, submitted the following
report:
The committee to whom was referred the resolution directing
a report upon the expediency of re-districting the Congressional
Districts ot the State, vyould report that the Confederate Con¬
gress, by act passed 21st May, 1801, assigned to the State of Ten¬
nessee the representation of eleven Congressmen, and the vote of
eleven District Electors in the choosing of a President and Vice-
President of Confederate States, and that our State is now di¬
vided into only ten Electoral and Congressional Districts.
They further report that unless the State is re districted by this
Legislature, it will, in all probability, be represented in the perma¬
nent Government of Confederate States by only ten instead of
eleven Electoral Districts and Congressmen, not deeming that the
next Legislatuie will have time to perform this work before the
November election.
But in view of the difficulty and labor of procuring and digest'
ing the census returns, and present agitated condition of the
country, they deem it more prudent to defer this work until the
next session of our Legislature.
Ni. B. DUDLEY, Chairman*
159
House Bill No. 42, a bill to incorporate the Confederate Paper
Mill Company, passed its second reading.
House Bill No. 43, to charter a Letter Express Company, passed
its second reading.
The following message was received from the Senate :
Mr. Speaker :
The Senate has passed on third reading, Senate Bill No. 15,
"to repeal section 4747 of the Code of Tennessee," and Senate
Bill No. 2i,,to provide for the payment of deputy marshals for
taking the last census in Tennessee, and the same are herewith
transmitted for the action of the House of Representatives.
The Senate has concurred in House Resolution No. 57, direc¬
tory to the Committee on Finance, and the same is herewith re¬
turned for enrolment.
The Senate has amended and passed on third reading, House
Bill No. 20, to amend sections 14 and 16 of an act passed May
6th', 1861, entitled an act "to raise, organize and equip a provis¬
ional force, and for other purposes," and the same, with amend¬
ments, is herewith transmitted for the further action of the House
of Representatives.
House Bill No. 34, a bill to defray the expenses of the General
Assembly of the State of Tennessee, passed its third reading.
Yeas ........ 46
Nays 10
Representatives voting in the affirmative are:
Messrs. Armstrong, Baker of Ferry, Baker of Weakley, Barks-
dale, Bayless, Bennett, Bledsoe, Butler, Caldwell, Cheatham, Cow-
den-, Critz, Davidson, Davis, Dudley, Farley, Ford, Gantt, Gorman,
Greene, Havron, Hebb, Hurt, Ingram, Jones of Davidson, Kenner,
Kennedy, Ivincaid of Anderson. Martin, Mayfield, McCabe, Nail,
Norman, Pickett, Porter, Richardson, Roberts, Russell, Sowell, Tre-
vitt, White of Davidson, Whitmore, Wisener, Woods, Woodard,
and Mr. .Speaker Whiithorne—46.
Those voting in the negative are :
Messrs. Farrelly, Frazier, Harris, Jones of Overton, Lockhart,
Morris, Morphis, Senter, Sheid, and Mr. Smith—10.
The bill was orderad to be transmitted to the Senate.
House Bill No. 33. to amend the militia laws of the State, was
taken up, the question being upon the adoption of Mr. Dudley's,
amendment heretofore offered.
Mr. Kennedy moved to lay the bill and amendments upon the
table ; which motion failed.
Yeas
Nays
23
3;
160
Representatives voting in the affirmative are:
Messrs. Haker of Weakley, Bayless, Critz, Dudley, Farley,
Farreily, Gantt, Greene, Harris Hebb. Ingram, Jones of David¬
son, Kennedy, Lockhart, Martin, Mayfield, iMall, Porter, Richard¬
son, Trevitt, White of Davidson, Woods, and Mr. Speaker Whit-
thorne—23.
Those voting in the negative are:
Messrs. Baker of Perry, Barksdale, Bennett, Bledsoe, Butler,
Caldwell, Cheatham, Cowden, I >avidson, Davis, Ford, Frazier, Gil¬
lespie, Gorman, Havron, Hurt, Jones of Overton, Kenner, Kincaid
of Anderson, McCabe, Morris, Morphis, Norman, Roberts, Russell,
Senter, Sheid, Smith, Sowell, Whitmore, Wisener, and Mr. Wood-
ard—'3*2.
A motion to table Mr. Dudley's amendment then failed.
Yeas 24
Nays 34
Representatives voting in the affirmative are :
Messrs. Baker of Perry, Baker of Weakley, Bayless, Bennett,
Cheatham, Critz, Farreily, Ford, Frazier, Harris, Hebb, Ingram,
Kennedy, Kincaid of Anderson. McCabe, Nail, Pickett, Roberts,
Sheid, White of Davidson, Whitmore, Williams of Hickman, Wise¬
ner, and Mr. Speaker Whitthorne—24.
Those voting in the negative are:
Messrs. Armstrong, Barksdale, Bledsoe, Butler, Caldwell, Cow¬
den, Davidson, Davis, Dudley, Farley, Gantt, Gillespie, Gorman,
Greene, Havron, Hurt, Jones of Davidson, Jones of Overton, Lea,
Martin, Mayfield, Morris, Morphis, Norman, Porter, Richardson,
Russell, Senter, Smith, Sowell, Trevitt, Williamson, Woods and
Mr. Woodard—34.
When, on motion of Mr. Havron, the bill and amendments
were laid upon the table.
Ho use Bill No. 37, an act to authorize revivor of suits in cer¬
tain cases, was rejected.
Yeas • • • 14
Nays 45
Representatives voting in the affirmative are:
M essrs. Baker of Weakley, Barksdale, Ford, Frazier, Gantt,
Hebb, Ingram, Jones of Overton, Kennedy, Lea, Lockhart, Whit¬
more, Williams of Hickman and Mr. Speaker Whitthorne—14.
Those voting in the negative are :
Messrs. Armstrong, Bavless, Bennett, Bledsoe, Butler, Caldwell,
Cheatham, Cowden, Critz, Davidson, Davis, Dudley, Farley, Far¬
reily, Gillespie, Gorman, Greene, Harris, Havron, Hurt, Jones of
Davidson, Kenner, Kincaid of Anderson, Kincaid of Claiborne,
Martin, Mayfield, McCabe, Morris, Morphis, Nail, Norman, Porter,
161
Richardson, Roberts, Russell, Senter, Sheid, Smith, So well, Tre¬
vitt, White of Davidson, Williamson, Wisener, Woods, and Mr.
Woodard—45.
House Bill No. 38, for the relief of the iEtna Insurance Com¬
pany, was taken up. The committee's bill in lieu was adopted.
The bill then passed its third reading.
Yeas 43
Nays 11
Representatives voting in the affirmative are :
Messrs. Baker of Weakley, Barksdale, Bennett, Bledsoe, Butler,
Caldwell, Cheatham, Cowden, Davidson, Davis, Dudley, Farley,
Farrelly, Frazier, Gantt, Gillespie, Havron, Hebb, Hurt, Ingram,
Jones of Davidson, Kenner, Kennedy, Kincaid of Anderson, Lock-
hart, Martin, McCabe, Morphis, Nail, Porter, Richardson, Roberts,
Russell, Sheid, Smith, Sowell, White of Davidson, Whitmore, Wil¬
liams of Hickman, Wisener, Woods, Woodard, and Mr. Speaker
Whitthorne—43.
Those voting in the negative are:
Messrs. Bayless, Critz, Ford, Gorman, Greene, Harris, Jones of
Overton, Mayfield, Morris, Senter, and Mr. Trevitt—11.
On motion of Mr. Morphis, the vote passing the bill was recon¬
sidered.
Whereupon, Mr. White of Davidson, moved to amend, by
striking out Slave States, in the proviso, and insert " State of
Tennessee which was adopted.
The bill as amended, then passed its third reading.
Yeas • • • 55
Nays 3
Representatives voting in the affirmative are:
Messrs. Baker of Perry, Baker of Weakley, Barksdale, Bayless,
Bennett, Bledsoe, Caldwell, Cheatham, Cowden, Critz, Davidson,
Davis, Dudley, Farley, Farrelly, Ford, Frazier, Gantt, Gillespie,
Gorman, Havron, Hebb, Hurt, Ingram, Jones of Davidson, Jones
of Overton, Kenner, Kennedy, Kincaid of Anderson, Kincaid of
Claiborne, Lea, Lockhart, Martin, Mayfield, McCabe, Morris, Mor¬
phis, Nail, Norman, Porter, Richardson, Roberts, Russell, Sheid,
Smith, Sowell, Trevitt, White of Davidson, Whitmore, Williams of
Hickman, Williamson, Wisener, Woods, Woodard, and Mr. Speak¬
er Whitthorne—55.
Those voting in the negative are :
Messrs. Greene, Harris and Mr. Senter—3.
The bill was ordered to be transmitted.
Mr. Williams of Hickman, by leave, introduced House Resolu¬
tion No. 64, as follows :
Resolved by the General Assembly of the State of Tennessee,
11 H
162
That the Inspectors of the Penitentiary of Tennessee, be author¬
ized to borrow for the use of said Institution, the sum of ten thous¬
and dollars, and that the Bank of Tenmssee be required to loan
the same to said Inspectors at the usual rate of discount; said
loan to run until Januarv 1, 1862; said money to be expended in
the purchase of material for making shoes, hats and army accou¬
trements ;
Which resolution lies over.
House Bill No 89, bill for the relief of volunteers.
Mr. Sheid moved to strike out the 6th section of the commit¬
tee's amendments, with reference to the employment of colored
females ; which motion prevailed, and the committee's amend¬
ments as amended was adopted.
Mr. Hurt moved to reconsider the vote adopting the commit¬
tee's amendments; which motion failed.
Mr. Gantt moved to strike out $8 per month ; which motion
failed.
Whereupon, Mr. Kennedy demanded the previous question;
"which was sustained.
The bill then passed its thiid reading.
Yeas 42
Representatives voting in the affirmative are :
Messrs. Baker of Per«y, Baker of W eakley, Barksdale, Bayless,
Bennett, Bledsoe, Cheatham,. Cowden, Critz, Davidson, Davis,
Farley, Farrelly, F<>rd, Frazier, Gantt, Gorman, Havron, Hebb,
Ingram, Jones of Davidson, Jones of Overton, Kenner, Kennedy,
Kincaid of Anderson, Lea, Lockhart, Martin, Mayfield, McCabe,
Morphis, Nail, Russell, Shitd, Smith, Sowell, Trevitt, White of
Davidson, Whitmore, Williams of Hickman, Wisener, and Mr-
Woods—42.
Those voting in the negative are :
Messrs. Dudley, Gillespie, Greene, Harris, Hurt, Morris, Nor¬
man, Porter, Richardson, Senter, Williamson, Woodard, and Mr.
Speaker Whitthorne—13.
Mr. Havron moved to reconsider the vote passing the bill.
Mr. Lockhart moved to lay the mution to reconsider upon the
table; which motion failed.
Representatives voting in the affirmative are :
Messrs. Baker of Perry, Baker of Weakley, Bayless, Butler,
Cheatham, Cowden, Criiz, Davidson, Farrelly, Ford, Frazier, Gor¬
man, Hebb, Ingram, Jones of Overton, Kenner, Kennedy, Lea,
Lockhart, Martin, McCabe, Nail, Sheid, Smith,Trevitt, Whitmore,
Williams of Hickman and Mr. Wisener—28.
Nays
13
Yeas
Nays
28
29
133
Those voting in the negative are:
Messrs. Barksdale, Bennett, Bledsoe, Caldwell, Davis, Farley,
Gantt, Greene, Harris, Havron, Hart, Jones of Davidson, Kincaid
of Anderson, Kincaid of Claibo ne, Mayfield, Morris, Morphis,
Norman, Porter, Richardson, Roberts, Russell, Senter, Sowell,
White of Davidson, Williamson, Woods, Woodard and Mr.
Speaker Wbitthorne—29.
Mr. Havron's motion to reconsider then prevailed.
Yeas 31
Nays 27
Representatives voting in the affiimative are :
Messrs. Armstrong, Barksdale, Bayless, Bennett, Butler, Cald¬
well, Cheatham, Davis, Farley, Ford, Gillespie, Gorman, Greene,
Harris, Havron. Hurt, Jones of Davidson, Kincaid of Anderson,
Martin, Mayfield, V!orris, Morphis, Norman, Porter, Richardson,
Russell, Senter, Sowell, Williamson, Woodard and Mr. Speaker
Whitthorno—31.
Those voting in the negative are:
Messrs. Baker of Perry, Baker 6f Weakley, Bledsoe, Cowden,
Critz, Davidson, Farrelly, Frazier, Gantt, Ingram, Jones of Over¬
ton, Kenner, Kennedy, Kincaid of Claiborne, Lea, Lockhart, Mc-
Cabe, Nail, Roberts, Sheid, Smith, Trevitt, White of Davidson,
Whitmore, Williams of Hickman, Wisener and Mr. Woods—27,
Whereupon, Mr. Havron offered the following amendment:
Strike,out that part of section 2, specifying the particular kind of
labor to be performed by said free persons of color; which
amendment was adopted.
Mr. Jones of Davidson, moved to strike out in the first section,
the words, " and required to press," and insert, " at his discre¬
tion which was adopted.
The bill then passed its third reading.
Representatives voting in the affirmative are:
Messrs. Baker of Perry, Baker of Weakley, Barksdale, Bayless,
Bennett, Cowden, Critz, Davidson, Dudley, Farley, Farrelly, Ford,
Frazier, Gorman, Havron, Hebb, Ingram, Jones of Davidson,
Jones of Overton, Kenner, Kennedy, Kincaid of Anderson, Lea,
Lockhart, Martin, McCabe, Nail, Roberts, Sheid, Smith, Trevitt,
White of Davidson, Whitmore, Williams of Hickman, Wisener
and Mr. Woods—36.
Those voting in the negative are :
Messrs. Armstrong, Butler, Caldwell, Cheatham, Davis, Gilles¬
pie, Greene, Harris, Hurt, M ay field, Mo ris, Morphis, Norman,
Porter, Russell, Senter, Sowell, Williamson, Woodard and Mr.
Speaker Whitihorne—^20.
Yeas
Nays
36
20
164
Mr. Baker of Perry, from the Committee on Enrolled Bills,
made the following report:
The Committee on Enrolled Bills have examined House Reso¬
lutions Nos. 54 and 57, and find the same correctly enrolled and
ready for the signature of the Speaker.
On motion of Mr. Cheatham, the House adjourned until 3
o'clock P. M.
House Bill No. 40, bill to amend an act passed 1860, chapter
80, to increase the revenue of the State.
Mr. Jones of Overton, offered the following amendment:
Provided however, That no such license shall issue for said pur¬
poses to be kept within two miles of a military encampment;
which amendment was rejected.
The bill was then rejected.
Representatives voting in the affirmative are :
Messrs. Baker of Perry, Baker of Weakley, Barksdale, Bayless,
Bledsoe, Cowden, Critz, Davidson, Farrelly, Harris, Havron, Hebb,
Ingram, Jones of Davidson, Lea, Lockhart, McCabe, Roberts,
Sheid, Smith, Whitmore, Williams of Hickman and Mr. Speaker
Whitthorne—23.
Those voting in the negative are :
Messrs. Caldwell, Davis, Dudley, Farley, Ford, Frazier, Gilles¬
pie, Gorman, Hurt, Jones of Overton, Kenner, Kennedy, Kincaid
of Anderson, Martin, Morris, Nail, Norman, Porter, Richardson,
Senter, Sowefi, Trevitt, White of Davidson, Williamson, Wisener,
Woods and Mr. Woodard—27.
Mr. Jones of Overton, entered a motion to reconsider the vote
rejecting the bill.
The Committee on Enrolled Bills made the following report:
The Committee on Enrolled Bills have examined House Bills
Nos. 25, 31, 34 and 39, and find the same eorrectly engrossed.
House Bill No. 41, an act to abate suits of aliens; passed its
third reading.
Yeas v. ..35
Nays 15
AFTERNOON SESSION.
Yeas
Nays
23
.27
165
Representatives voting in the affirmative are :
Messrs. Baker of Perry, Baker of Weakley, Barksdale, Bay-
less, Bledsoe, Critz, Davidson, Dudley, FarreJly, Ford, Frazier,
Gantt, Gorman, Havron, Hebb, Hurt, Ingram, Jones of Davidson,
Jones of Overton, Kenner, Kennedy, Lea, Lockhart, Martin, Mc-
Cabe, Nail, Porter, Sheid, Smith, Sowell,Trevitt, Whitmore, Wil¬
liams of Hickman, Woods and Mr. Speaker Whitthorne—35.
Those voting in the negative are:
Messrs. Caldwell, Davis, Farley, Gillespie, Harris, Kincaid of
Anderson, Morris, Norman, Richardson, Roberts, Senter, White of
Davidson, Williamson, Wisener and Mr. Woodard—15.
Mr. Jones of Overton, moved to reconsider the vote passing the
bill; which,
On motion of Mr. Farrelly, was laid upon the table.
Senate Message, being Senate amendments to House Bill No.
20, bill to amend sections 14 and 16 of an act passed May 6th,
entitled an act to Raise, Organize and Equip a Provisional Force,
and for other purposes. '
Senate amendments Nos. 2 and 4, were non-concurred in by
the House.
No. 1, Mr. Lea moved to insert, " hereafter to be made;" which
was adopted.
* Mr. Hebb offered the following amendment:
If now needed in any regiment, be taken from the Lieutenants
of such regiments, to be appointed by the Col, of such regiment,
and shall receive each $:0 extra per month for such service;
which amendment was rejected.
The amendment of the Senate was then concurred in.
Senate amendment, No. 5, as follows:
Be it eno,cted, That a private Secretary shall be allowed the
Governor, and that his salary shall be seven hundred and fifty
dollars per annum ; which amendment was concurred in by the
House.
Mr. Martin moved to reconsider the vote concurring in the
amendment; which motion prevailed.
The amendment was then concurred in.
Yeas — 35
Nays 22
Representatives voting in the affirmative are :
Messrs Baker of Perry, Baker of Weakley, Barksdale, Bayless,
Cowden, Critz, Davidson, Davis, Dudley, Farley, Farrelly, Fra¬
zier, Gantt, Gillespie, Hanis, Hebb, liurt, Ingram, Jones of Da¬
vidson, Kennedy, Lea, Lockhart, Martin, McCabe, Nail, Porter,
Sheid, Trevitt, White of David-son, Whitmore, Williams of Frank¬
lin, Williams of Hickman, Wisener, Woods and Mr. Speaker
W hitthorne—35.
166
Those voting in the negative are:
Messrs. Armstrong. Bledsoe, Butler, Caldwell, Ford, Gorman,
Greene, Havron. Jones of Overton. Kenner, Kincaid of Ander¬
son, May field, Morris, Norman, Richardson, Roberts, Russell, Sen-
ter, Smith. So well, Williamson and Mr. Wocdard—22.
The Committee on Enrolled Bills made the following report:
The Committee on Enrolled Bills have examined House Bill
No- 38, and find the same correctly engrossed.
Senate Bill No. 15, to repeal section 4747 of the Code of Ten¬
nessee ; passed its first reading.
Senate Bill No. 21, bill to provide for the payment of the Dep¬
uty Marshals for taking the last census in the State of Tennessee;
passed its first reading.
Mr. Butler presented a memorial from O. P. Temple, John
Netherland and James P. McDowell, Commissioners appointed
by the Greenville Convention, praying the separation of East
Tennessee from the State; which was read,
And on motion of Mr. Butler, was referred to a special com¬
mittee of five.
Mr. Gantt moved to print seventy five copies; which motion
The special order being House Bill No. 36, to authorize the
Banks of Tennessee to pay cut the Treasury notes of the Con¬
federate States, and for other purposes, was taken up.
The question being upon Mr. Gantt's amendments, Mr. Gantt's
first amendment, as follows, was adopted :
After the word u America," at the close of section 7, amend as
follows : And at the close of the war the debt, principal, and
interest shall stand subject to adjustment and accommodation be¬
tween the Governments, upon such equitable basis as shall, be in
accordance with the usage and practice of civilized nations.
Representatives voting in the affirmative are :
M essrs. Baker of Perry, Baker of Weakley, Barksdale, Bayless,
Cowden, Critz, Davidson, Farley, Farrelly, Ford, Gantt, Ingram,
Jones of Overton, Kennedy, Lea, Lockhart, McCabe, Morris, Nail,
Sheid, Smith, Sovvell, Trevitt, White of Davidson, Whitmore, Wil¬
liams of Franklin, Williams of Hickman, Wisener, and Mr.
Woods—29.
Those voting in the negative are :
Messrs. Bledsoe, Caldwell, Cheaiham, Davis, Dudley, Frazier,
Gillespie, Gorman, Greene, Hariis, Havron, Hebb, Hurt, Jones of
Davidson, Kenner, Martin, Mayfield, Norman, Porter, Richard¬
son, Roberts, Russell, Senter, Williamson, Woodard, and Mr.
Speaker Whitthorne—26.
failed.
Yeas
Nays
29
26
167
Mr. Gantt's second amendment, as follows:
After the word " progress," in section 8, amend as follows:
And the payment of said debts shall stand for adjustment and ac¬
commodation at the close of the war, upon the principles stated
in section 7 of this act;" which was adopted.
Mr. Speaker Whiithorne (Mr. Lea in the Chair) introduced the
following amendment :
That in no event shall the State of Tennessee become liable for
the debt of any individual debtor of the State, unless said debtor
shall have paid the amount thereof into the treasury of the State.
Which amendment was adopted.
Mr. Wisener moved to strike out the 1st and 2d sections of
the bill, after the enacting clause ; which motion failed.
Yeas 9
Nays 42
Representatives voting in the affirmative are:
Messrs. Greene, Jones of Overton, Morris, Norman, Roberts,
Senter, Williamson, Wisener, and Mr. Woodard—9.
Those voting in the negative are :
Messrs. Bak^r of Perry, Baker of Weakley, Barksdale, Bay-
less, Bledsoe, Cowden, Critz, Davidson, Davis, Dudley, Farley,
Farrelly, Ford, Frazier, Gantt, Gillespie, Gorman, Harris, Havron,
Hebb, Hurt, Ingram, Jones of Davidson, Kenner, Kennedy, Lea,
L^ockhart, Martin, Mayfield, McCabe, Nail, Porter, Russell, Sheid,
Smith, Soweli, Trevitt, White of Davidson, Whitmore, Williams
of Franklin, Williams of Hickman, Woods, and Mr. Speaker
Whitthorne—42.
Mr. Martin offered the following amendment:
Provided further, If any of said bonds shall be owned bona
fide by a citizen of the Confederate States, and the same held by
a guardian or agent in the non-slaveholding States, the interest
shall be paid as provided in this section, provided the same shall
be paid to the owner of said bonds or to a duly authorized agent,
attorney, or guardian, citizens of the Confederate States ; which
amendment was adopted.
The bill then passed its third reading.
Yeas 42
Nays 10
Representatives voting in the affirmative are:
Messrs. Baker of Perry, Baker of Weakley, Barksdale, Bayless,
Bledsoe, Cowden, Critz, Davidson, Davis, Dudley, Farley, Farrel¬
ly, Ford, Frazier, Gorman, Havron, Hebb, Hurt, Ingram, Jones
of Davidson, Jones of Overton, Kenner, Kennedy, Lea, Lockhart,
Martin, McCabe, Nail, Porter, Richardson, Russell, Sheid, Smith,
Soweli, Trevitt, White of Davidson, Whitmore, Williams of
Franklin, Williams of Hickman, Wisener, and Mr. Woods—42,
16S
Those voting in the negative ere:
Messrs. Greene, Harris, Mayfield, Morris, Norman, Roberts,
Senter, Williamson, Woodard and Mr. Speaker Whitthorne—10.
The bill was then ordered to be transmitted.
On motion of Mr. Havron, the House adjourned 'until to-mor¬
row morning, 9 o'clock.
THURSDAY MORNING, JUNE 27, 1861.
The House met pursuant to adjournment.
Mr. Speaker Whitthorne in the Chair.
The Journal of yesterday was read and approved.
Mr. Caldwell obtained leave to record his vote in the negative
upon the passage of the bill authorizing the Bank of Tennessee
to pay out the Teasury Notes of the Confederate States.
Mr. Cheatham obtained leave to record his vote in the affirma¬
tive on the passage of the same bill. »
Mr. Russell presented the following protest, which was read and
ordered to be spread upon the Journal.
The undersigned voted against the bill submitting the question of
Separation and Representation to the people of Tennessee, for two
reasons : first, that he'doubted the policy of an immediate political
connection with the Confederate States; second, under the Consti¬
tution of the United States, which he had sworn to support, Ten¬
nessee was prohibited from making any league, alliance, or connec¬
tion whatever with a foreign government; he desired the State first
to be absolved from all obligations to the government of the United
States, and then to take action upon the question of political con¬
nection, and desired to vote for the Declaration of the Independ¬
ence of Tennessee, but under the operation of the previous ques¬
tion was compelled to vote for or against both propositions ; he
therefore voted against the bill. WAMAN M. RUSSELL.
Mr. Hebb introduced House Resolution No. 65, as follows:
Resolved, That the Governor be directed to appoint two com¬
missioners to proceed to Richmond, and there transfer to the Con¬
federate States all toops, munitions of war, and all stores of every
kind, to the Confederate States of America; and to make the
necessary arrangements for the payment of all the troops now in
service, and for continuing the same in service, or as many as
169
the wisdom of the President may deem necessary for the public
service.
Which resolution lies over.
Senate Bill j\o. 1*5, to repeal section 4747 of the £ode, was re¬
jected.
On motion of Mr. Lea, the vote rejecting the bill was reconsid¬
ered.
The bill was then rejected.
Yeas...... * 25
Hepresentatives voting in the affirmative are :
Messrs. Baker of Weakley, Barksdale, Bayless, Bledsoe, Butler,
Davidson, Dudley, Farrelly, Gillespie, Greene. Hebb, Hurt, In¬
gram, Lea, Mayfield, Nail, Porter, Senter, Sheid, Smith, Whit-
more, Williams of Franklin, Williamson, Woods, and Mr. Speaker
Whitthorne—25.
Those voting in the negative are:
Messrs. Armstrong, Baker of Perry, Bennett, Caldwell, Cheat¬
ham, Cowden, Critz, Davis, Farley, Ford, Frazier, Gorman, Har¬
ris, Havron, Jones of Davidson, Jones of Overton, Kenner, Ken¬
nedy, Kincaid of Anderson, Lockhart, Martin, Morphis, Norman,
Richardson, Roberts, Russell, Sowell, Trevitt, White of David¬
son, Williams of Hickman, Wisener, and Mr. Woodard—32,
Senate Bill No. 21, to provide for the payment of the Deputy
Marshals for taking the last census in Tennessee.
Mr. White of Davidson moved to insert "Marshals" before
"Deputy Marshals;" which amendment was adopted.
Mr. Sheid offered the following amendment:
Be it jurther enacted, That the funds of the United States gov¬
ernment shall be paid into the treasury of the State of Tennessee.
Which amendment was rejected.
Mr. Williams of Hickman offered the following amendment:
Provided, Mail contracts shall first be paid out of said funds,
in the manner above described.
When, on motion of Mr. Havron, the bill and amendments
were laid upon the table.
Representatives voting in the affirmative are:
Messrs. Bayless, Bledsoe, Caldwell, Cowden, Critz, Davidson,
Dudley, Ford, Gantt, Gillespie, Gorman, Greene, Havron, Jones
of Overton, Kenner, Kenned}*, Lea, Martin, Mayfield, McCabe,
Morphis, Nail, Pickett, Porter, Richardson, Roberts, Russell, Sen¬
ter, !Sowell, Trevitt, Whitmore, Williams of Hickman, William¬
son, Wisener, Woods, Woodard, and Mr. Speaker Whitthorne—37.
Those voting in the negative are:
Nays.
32
Yeas
Nays
37
19
170
Messrs. Baker of Perry, Baker of Weakley, Barksdale, Bennett,
Butler, Cheatham, Farley, Farrelly, Frazier, Hebb, Hurt, In¬
gram, Jones of Davidson, Kincaid of Anderson, Norman, Sheid,
Smith, White»of Davidson, and Mr. Williams of Franklin—19.
The following message was received from the Senate :
Mr. Speaker :
The Senate has amended and passed on third reading, House
Bill No. 23, to incorporate the Powell's River Lead Mining Com¬
pany, and for other purposes, and the same is herewith returned
for the further action of the House of Representatives.
The Senate has reeded House Bill No. 18, to suspend and de¬
clare vacant the office of Supervisor of Banks, and the same is
herewith returned to the House of Representatives.
The Senate has concurred in House amendment to Senate
amendment No. 1, to House Bill No. 22, to amen 1 the act to
raise, organize, and equip a provisional force, &c, and the bill is
herewith returned for enrolment.
The Senate has amended and passed on third reading, House
Bill No. 24, to provide for the issuance of Treasury Notes, and
the same is herewith return d for the further action of the House.
Senate Message, being Senate amendment to House Bill No.
23, a bill to incorporate the Powell's River Lead Mining Company,
and for other purposes was taken up.
Amendment No. 1, to incorporate the Miners Bank of Duck-
town, was non-concurred in by the House.
Representatives voting in the affirmative are:
Messrs. Bayless, Caldwell, Cheatham, Cowden, Davidson, Far-
relly, Gantt, Havron, Kenner, Kennedy, Kincaid of Anderson,
Lea, Martin, Mayfield. McCabe, Morphis, Norman, Pickett, Porter,
Richardson, Trevitt, White of Davidson, Whitmore, Williamson,
and Mr. Woods—25.
Those voting in the negative are:
Messrs. Baker of Perry, Baker of Weakley, Barksdale, Bennett,
Bledsoe, Critz, Dudley, Farley, Ford, Frazier, Gillespie, Greene,
Hebb, Hurt, Ingram, Jones of Overton, Lockhart, Nail, Roberts,
Russell, Sent.er, Sheid, Smith, Sawell, Williams of Franklin, Wil¬
liams of Hickman, Wisener, Woodard, and Mr. Speaker Whit-
thorne—28.
Mr. Hebb moved to re-consider the vote, non-concurring in the
Senate's amendment ; which motion prevailed.
Yeas
25
29
Nays
Yeas
Nays
32
26
171
Representatives voting in the affirmative are:
Messrs. Baker of Perry, Bayless, CaHwel!, Cheatham, Cowden,
Davidson, Davis^ Farrelly, Gantt, Harris, Havron, Jones of Da¬
vidson, Kenner, Kennedy, Kmcaid of Anderson, Lea, Lockhart,
Martin, Mayfield, McCabe, Morris, Norman, Pickett, Richardson,
Roberts, Russell, Trevitt, White of Davidson, Whitmore, Williams
of Franklin, Williamson, and Mr. Woods—32.
Those voting in the negative are :
Messrs. Baker of Weakley, Barksdale, Bennett, Bledsoe, Butler,
Critz, Dudley, Farley, Ford, Frazier, Gillespie, Gorman, Greene,
Hurt, I ngram, Jones of Overton, Morphis, Nail, Portsr, Senter,
Sheid, Sowell, Williams of Hickman, Wisener, Woodard, and
Mr. Speaker Whiithorne—26.
The amendment was then non concurred in by the House.
Yeas 22
Nays 35
Representatives voting in the affirmative are:
Messrs. Bayless, Caldwell, Cheatham, Cowden, Davidson, Far¬
relly, Gantt, Havron, Jones of Davidson, Kennedy, Kincaid of
Anderson,'Lea, Lockhart, Martin, Mayfield, Pickett, Richardson,
Trevitt, White of Davidson, Whitmore, Williams of Franklin,
and Mr. Woods—22.
Those voting in the negative are :
Messrs. Baker of Perry, Baker of Weakley, Barksdale, Ben¬
nett, Bledsoe, Butler, Critz, Davis, Dudley, Farley, Ford, Frazier,
Gillespie, Gorman, Greene, Hurt, Ingram, Jones of Overton, Ken¬
ner, McCabe, Morris, Morphis, Nail, Norman, Porter, Roberts,
Russell, Senter, Sheid, Smith, Sowell, Williams of Hickman,
Wisener, Woodard, and Mr. Speaker and Whitthorne—35.
The Senate's amendment, incorporating the Bank of Brownsville.
Mr. Lea offered the following amendment: That the Capital
Stock shall not exceed five hundred thousand dollars, nor be less
than fifty thousand dollars, which amendment was adopted.
The Senate's amendment, as amended, was then non-concur¬
red in.
Yeas 26
Nays 31
Representatives voting in the affirmative a^e :
Messrs. Bayless, Caldwell, Cheatham, Cowden, Davidson, Davis,
Dudley, Farrelly, Ford, Gantt, Hurt, Jones of Davidson, Kennedy,
Lea, Lockhart, Mayfield, Pickett, Porter, Richardson, Trevitt,
White of Davidson. Whitmore, Williams of Franklin, Williamson,
Wisener, and Mr. Woods—26.
Those voting in the negative are :
Messrs. Baker of Perry, Baker of Weakley, Barksdale, Bennett,
Bled soe, Butler, Critz, Farley, Frazier, Gorman, Greene, Havron,
Ingram, Jones of Overton, Kenner, Kincaid of Anderson, Martin,
172
McCabe, Morris, Morphis, Nail, Norman, Roberts, Russell, Senter'
Sheid, Smith, Sowell, Williams of Hickman, Woodard, and Mr.
Speaker Whiuhorne—31.
Senate amendment, incorporating the Bank of Athens, was
non-concurred in by the House.
Senate amendment, amending the Charter of the Bank of
Frankland; was non-concurred in by the House.
Representatives voting in the affirmative are :
Messrs. Caldwell, Cheatham, Farrelly, Hurt, Lea, White of Da¬
vidson, and Mr. Williams of Franklin—7.
Those voting in the negative are :
Messrs. Baker of Weakley, Barksdale, Bayless, Bennett, Bledsoe,
Cowden, Critz, Davidson, Farley, Ford, Frazier, Gantt, Gillespie,
Gorman, Greene, Havron, Ingram, Jones of Davidson, Jones of
Overton, Kenner, Kennedy, Kincaid of Anderson, Lockhart, Mar¬
tin, Mayfield, McCabe, Morris, Morphis, Nail, Norman, Porter,
Roberts, Russell, Senter, Sheid, Smith, Whitmore, Williams of
Hickman, Williamson, Wisener, Woods Woodard, and Mr.
Speaker Whitthorne—43.
Senate amendment to House Bill No. 24, to provide for the is¬
suance of Treasury Notes, striking out fifty and inserting five in
the first section ; was concurred in by the House.
The following message was received from the Senate :
Mr. Speaker :
The Senate has adopted Senate Resolution No. 51, to appoint
a Joint Select Committee upon the Memorial of the Commission¬
ers appointed by the Greeneville Convention, and the same is
herewith transmitted for the action of the House of Representa¬
tives.
The Speaker of the Senate has appointed Messrs. Stokes,
Peters, Boyd, McClellan and Lane on said Committee on the part
of the Senate.
The Senate has passed, on third reading, the following bills, and
the same are herewith transmitted lor the action of the House
of Representatives, viz: |
Senate Bill No. 19, to regulate the manner of paying the officers
and soldiers of the Provisional Army of Tennessee.
Senate Bill No. 23, to amend the Charter of the East Tennes¬
see and Virginia Railroad Company.
Senate Bill No. 24, in relation to inspectors of boilers and hulls
of steamboats.
Senate Bill No. 25, to authorize volunteers to vote in the elec¬
tion of members to the Provisional Congress.
Yeas
Nays
7
43
173
The Committee on Enrolled Bills made the following report:
The Committee on Enrolled Bills have examined House Bill
No. 41, and find the same correctly engrossed.
Respectfully submitted,
W. N. BAKER, Chairman pro tem,.
Senate Resolution No. 51, to appoint a Joint Select Committee
upon the memorial of the commissioners appointed by the Green¬
ville Convention.
On motion of Mr. Gantt, the blank was filled with 8, and the
resolution was adopted.
Whereupon, the Speaker appointed as said committee on the
part of the House, Messrs. Gantt, Dudley, and Mai tin, from Mid¬
dle Tennessee, Caldwell, Havron, and Critz, from East Tennes¬
see, Lea and Hurt, from West Tennessee.
The following Senate Bills passed their first reading :
Senate Bill No. 19, to regulate the manner of paying the of¬
ficers and soldiers of the provisional army of Tennessee.
, Senate Bill No. 23 to amend the Charter of the East Tennes¬
see and Virginia Railroad Company.
Senate Bill No. 24, in relation to inspectors of boilers and hulls
of steamboats.
Senate Bill No. 25, to authorize volunteers to vote in the elec¬
tion of members to the Provisional Congress.
House Bill No. 42, to incorporate the Confederate Paper Mill
Company; passed third reading and was ordered to be trans¬
mitted.
House Bill No. 43, to charter a Letter Express Company;
passed third reading, and was ordered to be transmitted.
Mr. Lockhart presented a number of petitions on the subject of
the service of free negroes in the army, which were directed to be
transmitted to the Senate.
House Resolution No. 62, directory to the Military Committee ;
was adopted.
House Resolution No. 59, to instruct our Delegates in the
Southern Congress ; was adopted.
House Resolution No 64, authorizing the Penitentiary Inspectors
to borrow $10,000, was adopted, and was ordered with accom¬
panying memorial of said Inspectors, to be transmitted to the
Senate.
On motion, the House adjourned until 3 o'clock P. M.
174
AFTERNOON SESSION.
The following message was received from the Senate:
Mb. Speaker :
The Senate has adopted Senate Resolution No. 52, directory to
the Quartermaster General; and the same is herewith transmit¬
ted for the action of the House of Representatives,
The Senate has amended and passed on third reading, House
Bill No. 13, to regulate proceedings in Magistrate's Courts; and
House Bill No. 16, to amend the act to raise, organize and equip
a provisional force, and lor other purposes ; and the same are
herewith returned to the House of Representatives for lurther
action.
Mr. Baker, from the Committee on Enrolled Bills made the fol¬
lowing report:
TheCommitt.ee on Enrolled Bills have examined House Bill
No. 22, and find the same correctly enrolled.
Senate Message, being Senate amendments to House Bill No.
13, bill to regulate proceedings in Magistrate's Courts ; No 1, was
concurred in by the House.
i No. 2, with reference to motions against Sheriffs, Constables,
&c., was concurred in.
Representatives voting in the affirmative are:
Messrs. Barksdale, Bennett, Bledsoe, Caldwell, Cowden, Critz,
Davis, Dudley, Farh y, Farrelly, Ford, Gillespie, Gorman, llavron,
Hebb, Hurt, Jones ot Davidson, Keener, Kennedy, Lea, Lockhart,
Martin, May field, McCabe, Morphis, Nail, Porter, Richardson,
Senter, Sheid, Shrewsbury, Smith, Sowell, Williams ol Franklin,
and Mr. Woods—35.
Those voting in the negative are:
Messrs. Armstrong, Baker of Perry, Baker of Weakley, Butler,
Davidson, Frazier, Harris, Ingram, Jones of Overton, Morris,
Norman, Roberts, Trevitt, White of Davidson, Woodard, and Mr.
Speaker Whitthorne—16.
Senate Resolution No. 52, directory to the Quartermaster
General.
Mr. Martin moved to amend by inserting after Rrailroad Com¬
pany the words "stage contractors and owners of steamboats ;
which was adopted, and the resolution as amended was adopted.
Yeas
Nays
35
16
175
Senate amendments to House Bill No. 16, bill to amend the
act to raise, organize and equip a provioional force; and for
other purposes.
Amendment No. 1, authorizing the Governor to appoint ad¬
ditional officers of ordnance if necessary ; was non-concurred
in by the House.
No. 2, in lieu of section 8, of the bill; was non-concurred in.
No. 3, in lieu of section 9, of the bill ; was non-concurred in.
No. 4, with reft-rence to official bonds was concurred in.
No. 5, providing for the appointment of ten regimental musi¬
cians, &c. ; was non concurred in.
No 6. to the 11th section of the bill, was non-concurred in.
No. 7, authorizing the Military and Financial Board to loan
money from the Military Fund, to be used in the manufacture of
arms ; was concurred in.
Mr. J"nes of Overton's motion to reconsider the vote rejecting
House Bill No. 40, bill to amend an act passed 1860, chapter 80,
to increase the revenue of the State.
The motion to reconsider prevailed; the bill was then re¬
jected.
Representatives voting in the affirmative are :
Messrs. Baker of Perry, Baker of Weakley, Barksdale,
Cowden, Critz, Davidson, Dudley, Farrelly, Gantt, Havron,
Hebb, Ingram, Jones of Davidson, Lea, Lockhart, McCabe, Nail,
Roberts, Sheid, Shrewsbury, Smith, Williams ol Franklin, Williams
of Hickman, and Mr. Speaker Whitthorne—24.
Those voting in the negative are :
Messrs. Armstrong, Bledsoe, Butler, Caldwell, Farley, Ford,
Frazier, Gillespie, Gorman, Harris, Hurt, Jones of Overton, Ken-
ner, Kennedy, Martin, Maytield, Morris, Morphis, Norman, Porter,
Richardson, Senter, So well, Trevitt, White of Davidson, and Mr.
Woodard—26
Mr. Lockhart from the Committee on Enrolled Bills made the
following report:
The Committee on Enrolled Bills have examined House Bill
No. 36, and find it correctly engrossed.
Mr. Farrellv's motion to reconsider the vote rejecting House
Bill No. 20, to amend section 4743 of the Code, defining treason.
The motion to reconsider failed.
Representatives voting in the affirmative are:
Messrs. Baker of Perry, Baker ol Weakley, Barksdale, Bledsoe,
Critz, Davidson, Farrelly, Frazier, Gantt, Hebb, Ingram, Jones of
Yeas
Nays
24
26
Yeas
Nay:
25
25
176
Davidson, Jones of Overton, Kenner, Kennedy, Lea, Lockhart,
McCabe, Nail, Porter, Sheid, Smith, Sowell, Wiliiams of Franklin,
and Mr. Williams of Hickman—25.
Those voting in the negative are:
Messrs. Butler, Caldwell, Cowden,Davis, Dudley, Farley, Ford,
Gillespie, Gorman, Harris, Havron, Hurt, Kincaid of Anderson,
Martin, May field, Morris, Morphis, Norman, Roberts, Senter,
Shrewsbury, Trevitt, White of Davidson, Woodard, and Mr.
Speaker Whitthorne—25.
On motion of Mr. Senter, the House adjourned until to-mor¬
row morning 10 o'clock.
FRIDAY MORNING, JUNE 28, 1861.
The House met pursuant to adjournment.
Mr. Speaker Whitthorne in the Chair.
The Journal of yesterday was read and approved.
Mr. Caldwell obtained leave of absence for the Committee upon
memorial of the Commissioners from the Greenville Convention.
Mr. Caldwell moved to add Mr. Greene, of Roane county, to
the Committee on said memorial; which motion prevailed;
whereupon, Mr. Greene asked, to be and was excused from ser¬
ving on said Committee.
Mr. Baker of Perry, from Committee on Enrolled Bills, made
the following report:
The Committee on Enrolled Bills have examined House Reso¬
lutions Nos. 64, and 59, and find them correctly engrossed ; also
House Bills Nos. 42 and 43, and find them correctly engrossed.
Senate Bill No. 19, to regulate the manner of paying the officers
and soldiers of the provisional army of Tennessee , passed second
reading.
Senate Bill No. 23, to amend the charter of the East Ten¬
nessee and Virginia Railroad Company^ passed its second reading.
■Senate Bill No. 24, an act in relation to Inspectors of boilers
and hulls of steamboats; passed second reading.
Senate Bill No. 25, an act to authorize volunteers to vote in
the election of members to the Provisional Congress.
On motion of Mr. Ford, the bill was laid upon the table.
177
House Resolution No. 65, to appoint Commissioners to go to
Richmond.
Mr. Kennedy moved to strike out " two" and insert " one ;"
which was adopted.
When, on motion of Mr. Kennedy, the resolution was referred
to the Committee upon Military Affairs.
The following message was received from the Senate :
Mr . Speaker :
The Senate recedes from its amendments-Nos. 1 and 2, to House
Bill No. 16, to amend the act to raise, organize and equip a pro¬
visional force, and for other purposes; and insists on its amend¬
ments Nos. 5 and 6 to said bill; and the bill and amendments
are herewith returned for the further action of the House of Rep¬
resentatives.
The Senate insists on its amendment No. 2, to House Bill No.
20, to amend sections 14 and 16 of an act passed May 6, 1861,
entitled an act to raise, organize and equip a provisional force,
and for other purposes ; it r cedes from its amendment No. 4, to
said bill, and concurs in the House amendment to Senate amend¬
ment No. 3 ; and the bill is herewith returned for the further
action of the House of Representatives.
The Senate insists upon its amendments to House Bill No. 23,
to incorporate Powell's River Lead Mining Company, and for
other purposes, and the bill ds herewith returned for further ac¬
tion.
The Senate has passed on third reading, House Bill No. 31, to
increase the pay of first sergeants ; House Bill No. 25, to suspend
the office of Commissioner of Roads, and House Bill No. 28, to
suspend sections 272, 284, 285 and 296 of the Code of Tennessee,
and the same are herewith returned for enrolment.
The Senate has amended and passed on third reading, House
Bill No. 19, for the benefit of insane members of the families of
volunteers; and House Bill No. 27, to charter an Arms Company,
&c., and the same are herewith returned fifr the further action of
the House of Representatives.
The Senate has concurred in House amendment to Stnate Res¬
olution No. 52, directory to the Quartermaster General.
Senate Message, being Senate amendment to House Bill No.
16, bill to amend the act to raise, organize and equip a provisional
force, and for other purposes.
The House recedes on amendment with reference to regimental
musicians.
The House insists on amendment No. 5, with reference to the
pay of Captains.
12 h
178
Yeas • • • 6
Nays 47
Representatives voting in the affirmative are:
Messrs. Caldwell, Dudley, Kennedy, Lockhart, Shrewsbury,and
Mr. White of Davidson—6.
Those voting in the negative are :
Messrs. Armstrong, Baker of Perrv, Baker of Weakley, Barks-
dale, Bayless. Cheatham, Cowden, Critz, Davidson, Farley, Far-
relly, Ford, Frazier, Gillespie, Gorman, Greene, Harris, Havron,
Hebb, Hurt, Ingram, Jones of Davidson, Jones of Overton, Ken-
ner, Kincaid of Anderson, Lea, Martin, Mayfield, Morris, Morphis,
Nail, Norman, Porter, Richardson, Roberts, Russell, Senter, iSheid,
Smith, Sowell, Trevitt, Whitmore, W illiams of Franklin, Williams
of Hickman, Williamson, W7ocda?d, and Mr. Speaker Whitthorne
—47.
Senate amendments to House Bill No. 27, to charter an Arms
Company, &c.
No. 1, to charter a Letter Express Company.
No. 2, to amend the charter of the Energetic Insurance Com¬
pany.
No. 3, to charter a Gun Factory.
No 4, to charter the Athens Express Company.
Were concurred in by the House.
Senate amendments to House Bill No. 19, for the benefit of
Insane Volunteers.
No. 1, was non-concurred in.
Nos. 2, 3 and 4, were concurred in.
Senate amendment to House Bill No. 20, bill to amend sections
14 and 16 of an act passed May 6, 1861, entitled an act to raise,
organize and equip a provisional force, and for other purposes.
'1 he House recedes from its former action on Senate amend¬
ment No. 2, with reference to drilling on Sunday.
Senate amendments to House Bill No. 23, bill to incorporate
. Powell's Kiver Lead Mining Company, and for other purposes.
Amendment chartering the Bank of Brownsville, the Duck-
town Bank, and Bank of Athens.
The House insists on its former action non-concurring, and
asks for a Committee of Conference.
Amendment amending the charter of the Bank of Frankland ;
the House insists on its former action.
The Speaker appointed Messrs. Farrelly, Greene and Lea, the
Committee on the part of the House.
Mr. Gillespie offered House Resolution No. 66, as follows:
Resolved by the General Assembly of the State of Tennessee, That
the Military and Financial Board be authorized to appoint an
agent to proceed to Knoxville and settle with such persons as have
179
expended sums of money in the purchase of Commissary, and
Quartermasters and Ordnance stores.
On motion, the rules were suspended; whereupon, Mr. Dudley
offered the following amendment t
Provided, Nothing originally intended as a subscription tor
volunteers, or other military purposes, shall be allowed; which
was adopted.
Mr. Lockhart moved to insert after Knoxville, " and other places
where necessary ;" which was adopted.
The resolution as amended was adopted, and ordered to be
transmitted.
Mr. Jones of Davidson, introduced House Resolution No. 67, as
follows:
Resolved by the General Assembly of the State of Tennessee, That
one hundred and fifty thousand copies of the act to submit to the
popular vote an ordinance for the adoption or rejection of the
permanent Constitution of the Confederate States of America,
together with the same number of copies of the said permanent
Constitution, be printed in hand-bill form, for distribution amongst
the people.
A motion to suspend the rules failed, and the resolution lies
over.
Mr. Dudley entered a motion to reconsider the vote tabling
Senate Bill No. 21, providing for the payment of Deputy Mar¬
shals.
Mr. Baker of Weakley, introduced House Resolution No. 68, as
follows :
Resolved by the General Assembly of the State of Tennessee, That
the Committee on Federal Relations be instructed to enquire and
report, whether the citizens of the State of Kentucky, as a mea¬
sure of supposed safety, are removing their slaves in such consid¬
erable numbers, to Tennessee, as subjects citizens of this State to
inconvenience, and as may endanger the peace and well being of
the citizens of the State.
On motion, the rules were suspended.
On motion of Mr. Nail, "Missouri was inserted after Ken¬
tucky the resolution as amended was adopted, and ordered to
be transmitted.
On motion of Mr. Williamson, the House adjourned until 4
o'clock P, M.
180
AFTERNOON SESSION.
By universal consent, House Resolution No. 67, resolution to
print the Permanent Constitution, and the act submitting the same
to the popular vote, was taken up.
Mr. Hebb moved to lay the resolution upon the table; which
motion 1 ailed.
Mr. Morris moved to strike out " one hundred and;'' which was
adopted.
Mr. Mayfield moved to strike out fifty and insert ten; which
motion failed.
Mr. Jones of Overton, offered the following amendment:
Be it further resolved, That said copies, when published, be
sent by mail, or otherwise-, as may be deemed proper, by the Sec¬
retary of State, to the Senators and Representatives of the Gene¬
ral Assembly for distribution.
Mr. Hebb offered the following amendment in lieu of Mr.
Jones'amendment:
That the same be sent by express to the county court clerks;
which was rejected.
On motion of Mr. Sheid, the resolution and amendments were
referred to a Special Committee of three.
Whereupon, the Speaker appointed Messrs. Sheid, Jones of
Davidson and Davis, said Committee.
The following message was received from the Senate :
Mr. Speaker :
The Senate insists on amendment No. 6, to House Bill No. 16,
to amend the act to raise, organize and equip a provisional force,
and lor other purposes, and asks for a Committee of Conference
to take into consideration the matter of difference between the
two Houses on the subject of the amendment.
The Senate has appointed Messrs. Newman, Bradford and Bum-
pass on the committee asked for; the bill and amendments are
herewith returned to the House of Representatives.
The Senate has adopted Senate Resolution No. 53, in relation
to the Louisville and Nashville Railroad, and the same is here¬
with transmitted for the action of the House of Representatives.
The Senate has concurred in the request of the House of Rep¬
resentatives for a Committee of Conference on Senate amend¬
ments to House Bill No. 23, to incorporate the Powell's River
Lead Mining Company, and for other purposes, and the Senate
has appointed Messrs. Bumpass and Bradford on said committee
on the part of the Senate.
181
The Speaker appointed Messrs. Caldwell, Jones of Overton,
and Morphi-s Committee of Conference on the part of the House
to consider Senate amendment No. 6, to House Bill No. 16.
Mr. Farrelly from the Committee of Conference on the part of
the House made the following report:
Mr. Speaker :
The Joint Select Committee pn Senate amendment to House
Bill No. 23, beg leave to report that they recommend the House
to recede and concur in Senate amendments to charter Bank at
Ducktown, and amendment to charter Bank of Brownsville and
Athens, and that the House insist and non-concur in Senate
amendment to amend the charter of Bank of Frankland.
JNO. PAT. FARRELLY, Chairman.
Mr. Lockhart made the following report:
Mr. Speaker :
The Committee on Enrolled Bills has examined House Bill No.
24, and find it correctly enrolled and ready for the Speaker's sig¬
nature; has also examined House Resolution Nos. 66 and 68 and
find them correctly engrossed.
H. C. LOCKHART, Chairman.
Senate Resolution No. 53, resolutions in relation to the Louis¬
ville and Nashville Railroad.
On motion of Mr. Porter, the resolutions were laid upon the
table.
Mr. Dudley's motion to re-consider the vote tabling Senate Bill
No. 21, bill to provide for the payment of the Deputy Marshals for
taking the last census in Tennessee; the motion tore-consider
failed.
The following message was received from the Senate :
Mr. Speaker :
The Senate has concurred in House Resolution No. 59, of in¬
struction to our delegates in the Southern Congress ; and House
Resolution No. 64, in relation to the Inspectors of the Peniten¬
tiary, and the same are herewith returned for enrollment.
The Senate has passed, on third reading, House-Bill No. 29, to
submit to the popular vote an ordinance for the adoption or re¬
jection of the Permanent Constitution of the Confederate States,
and the same is herewith returned for enrollment.
The Senate has amended and passed, on third reading, House
Bill No. 31, to repeal part of section 3965 of the Code of Tennes¬
see, and for other purposes. House Bill No. 38, for the relief of
the creditors of Foreign Insurance Companies, and House Bill
182
No. 39, for the relief of volunteers, and the same are herewith re¬
turned for the further action of the House of Representatives.
Senate amendment to House Bill No. 31, an act to repeal part
of section 3965 of the Code of Tennessee, and for other purposes,
was concurred in by the House.
Senate amendment to House Bill No. 38, bill for the relief of
the creditors ot Foreign Insurance Companies, was concurred in by
the House.
Senate Message, being Senate's amendment to House Bill No.
39, bill for the relief of volunteers, amendment increasing the pay
of private soldiers to fifteen dollars per month.
Mr. Potter offered the following amendment to the Senate
amendment:
Be it further enacted, That an additional and annual tax of ten
cents on the hundred dollars worth of taxable property ot the
State is hereby levied to raise a fund with which to pay said ap¬
propriation.
Mr. Jo nes of Overton moved to lay Mr. Porter's amendment
upon the table. Whereupon,
Mr. Caldwell moved to lay the Senate amendment upon the
table ; which motion failed.
Representatives voting in the affirmative are :
Messrs. Caldwell, Critz, Dudley, Farley, Farrelly, Greene, Har¬
ris, Havron, Hebb, Hurt,Ingram, Mayfield, Morphis, Norman, Por¬
ter, Richardson, Senter, Sowell, Trevitt, White of Davidson, Wil¬
liamson, Woods, and Mr. Woodard—23.
Those voting in the negative are :
Messrs. Baker of Perry, Baker of Weakley, Barksdale, Bayless,
Bennett, Cowden, Davidson, Davis, Ford, Frazier, Gillespie, Gor¬
man, Jones of Davidson, Jones of Overton, Kenner, Kennedy, Lea,
Lockhart, Martin, Morris, Roberts, Russell, Sheid, Shrewsbury,
Smith, Whitmore, Williams of Franklin, Williams of Hickman,
and Mr. Speaker Whitthorne—29.
Mr. Jones' ot Overton motion failed.
Yeas .18
Nays 36
Representatives voting in the affirmative are :
Messrs. Bayless, Davis, Ford, Frazier, Gillespie, Gorman, Jones
of Davidson, Jones of Overton, Kenner, Kennedy, Kincaid of
Anderson, Martin, Morris, Roberts, Russell, Sheid, Smith, and Mr.
Trevitt—18.
Those voting in the negative are :
Messrs. Baker of Perry, Baker of Weakley, Barksdale, Bennett,
Yeas •
Nays.
23
29
183
Caldwell, Cheatham, Cowden, Critz. Davidson, Dudley, Farley,
Farrelly. Greene, Harris, Havron, Hebb, Hurt, Ingram, Lea, Lock-
hart, Mayfield, Morpliis, Norman, Porter, Richardson, Senter,
Shrewsbury, So well, White of Davidson, Whit,more, Williams of
Franklin, Williams of Hickman, Woods, Woodard, and Mr.
Speaker Whitthorne—35.
On motion of Mr. Williamson, the bill was made the special
order for 11 o'clock to-morrow.
Yeas 32
Nays •> 20
Representatives voting in the affirmative are :
Messrs. Bayless, Cheatham, Cowden, Critz, Davis, Dudley, Far¬
relly, Ford, Gorman, Greene, Harris, Havron, Hurt, Jones of Da¬
vidson, Kennedy, Kincaid of Anderson, Lea Martin, Morris. Mor-
phis, Norman, Porter, Richardson, Roberts, Smith, Sowell, Trevitt,
White of Davidson, Whitinore, Williamson, Woods and Mr.
Woodard—32.
Those voting in the negative are:
Messrs. Baker of Perry, Baker of Weakley, Barksdale, Bennett,
Davidson, Farley, Frazier, Gillespie, Hebb, Ingram, Jones of
Overton, Kenner, Lockhart, Mayfield, Russell, Senter, Sheid,
Shrewsbury, Williams of Franklin, and Mr. Speaker Whitthorne
—20.
Mr. Sheid, from the Special Committee to whom was referred
House Resolution No. 67, Resolution to print Permanent Consti¬
tution, and the act submitting the same to the popular vote,
submitted a resolution in lieu, providing for the printing of
fifty thousand copies of the Permanent Constitution of the Con¬
federate States, and the law submitting it to the people, and pro¬
viding for its distribution in the several counties by the County
Court Clerks ; which resolution in lieu was adopted, and the reso¬
lution was adopted and ordered to be transmitted to the Senate.
Mr. Caldwell submittedthe following report:
The Committee of Conference appointed to take into consid¬
eration the question of disagreement in regard to the rank of
Chaplains, recommend that the Senate recede from its amend¬
ment and insert that the chaplains shall rank as 2d Lieutenants,
of infantry, and be entitled to an officers' tent, and forage for one
horse.
CALDWELL, Chairman.
When, on motion of Mr. Lea, the House adjourned until to¬
morrow morning 9 o'clock.
184
SATURDAY MORNING, JUNE 29, 1861.
The House met pursuant to adjournment.
Mr. Speaker Whitthorne in the Chair.
The Journal of yesterday was read and approved.
The following message was received from the Senate :
Mr. Speaker :
The Senate has considered House Resolution No. 47, directory
to the Committee on Military Affairs, and House Resolution No.
53, in relation to appointments of Quartermasters and Commissa¬
ries, and laid the same on the table.
The Senate has also considered House Resolution No. 66, to
appoint an agent to proceed to Knoxville, and other places, and
settle accounts, and House Resolution No. 68, directory to the
Committee on Federal Relations, and have non-concurred in the
same, and the resolutions are herewith returned to the House of
Representatives.
The Senate insists on its amendment No. 1, to House Bill No.
19, for the benefit of the insane members of the families of vol¬
unteers, arid the bill and amendments are herewith returned for
the further consideration of the House of Representatives.
The Senate has adopted Senate Resolution No. 38, to transfer
volunteer forces to the Confederate States ; and Senate Resolu¬
tion No. 48, declaring against the policy of drafting soldiers, and
the same ere herewith transmitted to the House of Representa¬
tives for further consideration.
I am directed to transmit for the signature of the Speaker of
the House of Representatives, the following enrolled joint resolu¬
tions, and the same are herewith transmitted, viz:
Joint Resolution on river defences.
Joint Resolution directory to the Quartermaster General,
Joint Resolution to appoint a joint select committee upon the
memorial of the commissioners appointed by the Greeneville Con¬
vention.
The Speaker of the Senate has signed the following enrolled
joint resolutions, and the same have been deposited in the office
of the Secretary of State, viz:
Joint Resolution in relation to requesting judges not to hold
courts.
Joint Resolution directory to the Committee on Finance.
Joint Resolution in relation to the coat of arms over the Speak¬
er's chair.
185
Joint Resolution to autborize the Military and Financial Board
to appoint an agent to settle accounts at Memphis.
The Committee on Fmrolled Bills made the following report:
The Committee on Enrolled Bills have examined House Reso¬
lution No. 67, and find the same correctly engrossed. Also
House Resolution No. 64, and House Bills Nos. 13, 21, 25, 28, 29,
and 38, and find the same correctly enrolled and ready for the
signature of the Speaker. Respectfully submitted,
WM. N. BAKER, Chairmin pro tern.
Mr. Hebb introduced House Resolution No. 69 :
Resolved, That the Secretary of State be directed to furnish
one copy of the Army Regulations to each member of the Gene¬
ral Assembly.
On motion, the rules were suspended.
Mr. Hurt moved to add, " that enters the armywhich was
adopted.
The resolution was adopted, and ordered to be transmitted.
Mr. Davis presented a memorial from Camp Trousdale, with
reference to the pay of Sergeant Major; which was ordered to
be transmitted to the Senate.
The report of the Committee of Conference, on House Bill No.
16, a bill to amend the act to raise, organize, and equip a provis¬
ional force, and for other purposes, was concurred in by the
House.
The report of the Committee of Conference, on House Bill No.
23, to incorporate Powell's River Lead Mining Company, and for
other purposes.
The House refuses to concur in the report of the Committee of
Conference.
Yeas 24
1 Nays 28
Representatives voting in the affirmative are:
Messrs. Baker of Weakley, Bayless, Caldwell, Cheatham, Cow-
den, Davidson, Davis, Farrelly, Ford, Gantt, Gillespie, Havron,
Hurt, Ingram, Jones of Davidson, Kennedy, Lea, Lock hart, Mar¬
tin, MayfRld, White of Davidson, Whitmore, Williams of Frank¬
lin, and Mr. Woods—24.
Those voting in the negative are:
Messrs. Baker of Perry, Barksdale, Bennett, Criiz, Dudley,
Farley, Frazier, Gorman, Greene, Hebb, Kenner, Morris, rviorphis,
Nail, Norman, Porter, Richardson, Roberts, Russell, Senter, Sheid,
Shrewsbury, Smith, Sowell, Williams of Hickman, Williamson,
Woodard, and Mr. Speaker Whitthorne—28.
Senate Message, being Senate amendments to House Bill No.
19, for the benefit of insane members of the families of volun¬
teers.
186
The House insists on its action non-concurring in Senate
amendment No. 1.
Senate Resolution No. 38, to transfer volunteer forces to the
Confederate States, was adopted.
Senate Resolution No. 48, declaring against the policy of draft¬
ing soldiers, was adopted.
Senate Bill No. 19, to regulate the manner of paying the offi¬
cers and soldiers in the provisional army of Tennessee.
The Speaker, in the name of Mr. Wisener, offered the follow¬
ing amendment:
Be it further enacted, That the pay of non-commissioned offi¬
cers and privates in the volunteer service of the State shall here¬
after be in specie, or its equivalent; and the same in regard to
the militia when called out into actual service.
Which, on motion of Mr. Farrelly, was laid upon the table.
Representatives voting in the affirmative are :
Messrs. Baker of Perry, Baker of Weakley, Bayless, Bennett,
Cheatham, Critz, Dudley, Farley, Farrelly, Ford, Frazier, Gantt,
Harris, Hebb, Hurt, Ingram, Jones of Davidson, Kenner, Ken¬
nedy, Kincaid of Anderson, Lea, Lockhart, Martin, Morphis,
Nail, Porter, Roberts, Sheid, White of Davidson, Whitmore, Wil¬
liams of Franklin, Williams of Hickman, Woods, and Mr. Speaker
Whitthorne—34.
Those voting in the negative are:
Messrs. Barksdale, Butler, Caldwell, Cowden, Davidson, Gil¬
lespie, Gorman, Havron. iMayfield, Morris, Norman, R chardson,
Russell, Senter, Shrewsbury, Smith, Sowell, Williamson, and Mr.
Woodard—19,
Mr. Whitthorne introduced the following amendment:
Be it enacted, That the Governor of the State be, and he is
hereby authorized to muster into the service such number of the
reserve corps as he may deem proper, and that said force so mus¬
tered in shall be armed as soon as it can be done; but shall not
draw pay until ordered to leave their homes.
Mr. Kennedy offered the following amendment to Mr. Whit-
thorne's amendment:
Provided, that it shall not be binding upon any non-commis¬
sioned officer or private in the military forces of Tennessee to
wear uniforms until called into actual service.
W7hich was rejected.
Mr. Whitihorne's amendment was adopted.
Mr. Whitthorne offered the following amendment:
Be it further enacted, That the Governor be, and he is hereby
authorized te accept the services of companies of organized miu*
Yeas
Nays
34
19
187
ute men, for a period of ninety days; provided said companies
furnish their own arms.
Which was adopted.
Mr. Gantt offered the following amendment:
Be it further enacted, That the Commissary General shall ap¬
point a board of survey, who shall report upon the per centage
of waste in the removal, transportation, and delivery of commis¬
sary stores, which being approved by the said Commissary Gene¬
ral, and the Military and Financial Board, shall be the established
regulation in regard thereto.
Which was adopted.
Mr. Lockhart offered the following amendment, in the name of
Mr. Guy:
Be it further enacted, That it shall be the duty of Commissa¬
ries in the Provisional Army of Tennessee to issue rations of
whiskey to volunteers or others detailed upon extra or fatigue
duty, upon special order of the commanding officer of any post
or station. The same to be returned as extras in the monthly
and quarterly reports of such Commissaries.
2. Be it further enacted, It shall be the duty of Quartermas¬
ters, when ordered by the Major General commanding, to furnish
the volunteers in the service knives and forks.
3. Be it further enacted, That the Military and Financial
Board is hereby authorized to approve and admit the issuance of
these articles heretofore ordered by the Major General com¬
manding.
Mr. Lea moved to amend by inserting " tobacco."
When, on motion of Mr. Bennett, the amendment was laid upon
the table.
The bill then passed its third reading.
Yeas 50
Nays 00
Representatives voting in the affirmative are:
Messrs. Baker of Perry, Baker of Weakley, Barksdale, Bayless,
Bennett, Caldwell, Cheatham, Cowden, Critz, Davidson, Davis,
Dudley, Farley, Farrelly, Ford, Frazier, Gantt, Gillespie, Gorman,
Harris, Havron, Hebb, Hurt, Ingram, Jones of Davidson, Kenner,
Kennedy, Lea, Lockhart, Martin, Mayfield, Morris, Morphis, Nail,
Porter, Roberts, Russell, Senter, Sheid, Shrewsbury, Smith, Sowell,
Trevitt, White of Davidson, Whitmore, Williams of Franklin, Wil¬
liams of Hickman, ,Woods, Woodard, and Mr. Speaker Whit-
thorne—50.
The bill was ordered to be transmitted to the Senate.
Senate Bill No. 23, to amend the charter of the East Ten¬
nessee and Virginia Railroad Company; passed its third reading,
and was ordered to be transmitted.
188
Senate Bill No. 24, an act in relation to inspectors of boilers
and hulls of steamboats, was rejected.
Yeas 20
Nays 30
Representatives voting in the affirmative are:
Messrs. Baker of Weakley, Barksdale, Bennett, Cheatham,
Cowden, Davidson, Farley, Farrelly, Frazier, Hebb, Hurt, Jones
of Davidson, Kennedy, Lea, L^ckhart, Sheid, White of Davidson,
Whitmore, Williams of Franklin, and Mr. Speaker Whitthorne
—20.
Those voting in the negative are:
Messrs. Baker of Perry, Bayless, Caldwell, Critz, Davis, Ford,
Gillespie, Greene, Harris, Havron, Ingram, Kenner, Kincaid of
Anderson, Martin, Mayfield, Morris, Morphis, IN all, Porter, Rob¬
erts, Russell, Senter, (Shrewsbury, Smith, Sowell, Trevitt, Wil¬
liams of Hickman, Williamson, Woods, and Mr. Woodard—30.
A message was received from the Governor, by the Hon. John
E. R. Ray, Secretary of State, as follows : ,
Executive Department,
Nashville, June 28, 1861.
Gentlemen of the Senate
and House of Representatives:
I herewith transmit for your confirmation the nominations
which I have made since your adjournment on the 9th of May,
under the provisions of the act of May 6, 1861, as follows :
Assistant Commissary General.
May 17. Frank W. Green, May 17. T. C. Ramsey,
" John R. Woods, " G. W. Menees.
" Daniel F. Cocke, " Samuel E. Barber.
" O. B. Caldwell, May 22. J. W. Bennett,
" Lee M. Gardner, " George D. Ilartin,
'' William C. Bryan, June 6. Wm. B. Deery,
" Jerome Ridley, " 14. Benj. L. Wilkes,
" Wm. H. Slaver, " 18. iVl. tVL Henkle, Jr.
" R. H. Williamson, " 28. Felix Abby,
" John D. Allen, " W. F. Collins,
" Albert G. Ewing, " Jarnes Glascock,
W. J. Woods.
Assistant Quartermaster General.
May 17. Jesse B. Clements, June 14. R. M. Mason,
(vice Paulding Anderson, June 18. John Marshall, Jr.
declined.) June 21. James A, Wiggs,
May 17. E Foster Cheatham, " S. H. Ransom, *
" James Glover, " Ben. J. Lea,
189
May 17 .Jno. W. Eleridge,
" Jno. S. Bransford,
" John L. Sehon,
JohnS Hill,
A. L. McClellan,
" Nathan Adams,
" H. T. Massengale,
" John W. Gorham,
May 22. Isaac Saffarans,
May 24. Ben. P. Roy,
May 30. Moses Crues,
June 8. Owen H. Edwards,
June 21. S. L. Finley,
" Y. S. Patton,
" 28. Watt W. Floyd,
" Gilbert R. Campbell,
" Landon G. Oglesby,
" J. E Rice,
" R. P. Crockett,
L. F. Cabler,
" John F. Davis,
A. W. Yick,
" E. A. Hornbeake,
" Jno. McLaughlin.
Artillery Corps.
May 17. John P. McCown, Colonel.
" Milton A. Haynes, Lieutenant Colonel.
" Alexander P. Stewart, Major.
" Arthur M. Rutledge, Sr. Captain, 1.
" James H Wilson, Jr., Captain, 2.
" Marshall J. Polk, Captain, 3.
" Reuben R. Rass, Captain, 4.
" William H. Jackson, Captain, 5.
" Andrew Jackson, Captain, 6.
" Smith P. Bankhead, Captain, 7.
May 22. William Miller, Captain, 8.
" Fred Krone, Captain, 9.
" Fred Werner, Captain, 10. 1
Ordnance Bureau.
June 15. Moses H. Wright, Senior Captain,
May 13. G. H. Monsarat, Captain.
" 22. Wm, Richardson Hunt, Captain.
" 28. Nathaniel P. Chambliss, Captain.
" 25. C. P. Sengstack, Lieutenant.
June 28. George Grader, Lieutenant.
Assistant Adjutant General.
May 15. Pollock B. Lee.
June 7. Gustavus A. Henry, Jr.
Assistant Inspector General.
May 16. Henry W. Wall, (vice John C. Brown, declined.)
" Jo. G. Pickett,
" C. II. Williams.
jEngineer Corps.
B. R. Johnson, Colonel.
Achillea Bowen, Major.
190
W. D. Picket, Senior Captain.
Montgomery Lynch, Captain.
Charles C. Rogers, Captain.
Thomas L. Estill, Captain.
J. A. Haydon, Captain.
J. G. Mann. Lieu'enant.
E. W. Rucker, Lieutenant.
Felix R. R Smith, Lieutenant.
Menelee Houston, Lieutenant.
Surgeon General.
May 10. Dr. B. W. Avent, (vice Paul F. Eve, declined).
Regimental Assistants.
May 10. Dr. Emmett Woodward, Surgeon, 1.
" 10. Richard Butt, Assistant, 1.
" 17. Samuel H. Stout. Surgeon, 2.
" 24. W. T. Perry, Assistant, 2.
" 1/. William Nichol, Surgeon, 3.
" 17. J. R. Buist, Assistant, 3.
" 23. W. S. Bell, Surgeon, 4.
" 23. Junius Williams, Surgeon, 5.
" 23. L. P. Yandell, Assistant, 4.
" 25. R. R. Dashiel, Surgeon, 6.
" 25. John S. Fenner, Assistant, 5.
" 27. R. T. Clark, Surgeon, 7.
" 27. F. F. Porter, Assistant, 6.
" 27. J. M. Keller, Surgeon, 8.
" 27. Charles McCormack, Assistant, 7.
" 28. G. L. Robertson, Surgeon, 9.
" 28. J. L. Fite, Assistant, 8.
" 28. D. F. Wright, Surgeon, 10.
" 28. James B. Murfree, Assistant, 9.
" 28. John L. Baird, Assistant, 10.
" 31. J. W. Gray, Surgeon, 11.
June 6. S. W. Caldwell, Surgeon, 12.
" 6. S. P. McGee, Assistant, 11.
" 6. W. E. Rogers, Surgeon, 13.
" 6. F. A. Kyle, Assistant, 12.
" 8. J. M. Larkins, Surgeon, 14.
" 8. W. B. Maney, Assistant, 13.
" 8. J. F. Johnson, Surgeon, 15.
" 8. J. D. Martin, Assistant, 14.
" 11. Francis Rice, Surgeon, 16.
" 11. R. W. Mitchell, Assistant, 15.
" 11. A. H. Voorhies, Assistant, 16.
'' 11. George Blackie, Surgeon, 17.
" 12. W. C. Cavanah, Surgeon, 18.
191
June 12. J. T. Reed, Surgeon, 19.
" 12. C. K. Mauzy, Assistant, 17.
" 12. J. T. Marable, Surgeon, 20.
" 12. Geo. W. Conway, Surgeon. 21.
" 12. A. B. Pulliam, Assistant, 18.
13. Jas. E. Dulaney, Surgeon, 22.
" 13. S. M. Carson, Assistant, 19.
" 14. James A Forbes, Surgeon, 23.
" 14. B. F. Dickinson, Assistant. 20.
" 14. W. M. Gentry, Surgeon, 24.
" 22. H. W. Whitfield, Assistant, 21.
" 17. Jno. W. Franklin, Surgeon, 25.
" 20. J. H. Morton, Assistant, 22.
" 20. John Patterson, Surgeon, 26.
'' 20. Isaac McGowan. Assistant, 23.
" 20. Josephus Robertson, Surgeon, 27.
" 38. L. P. Green, Assistant 24.
" 28. Gustavus B. Thornton, Assistant.
All of which nominations are respectfully submitted.
IS HAM G. HARRIS
The message was read and ordered to be transmitted to the
Senate, and ask a Convention of the two Houses to-day at half
past eleven o'clock, to consider the message.
On motion of Mr. Cheatham, the House took a recess of 20
minutes.
The Speaker called the House to order.
The special order being House Bill No. 39, for the relief of
volunteers, was taken up.
Mr. Porter's amendment offered yesterday, was adopted; amend¬
ment No. 1, increasing the pay of private soldiers, as amended
was non-concurred in by the House; amendments Nos. 2 and 3
were concurred in.
Mr. Cheatham introduced House Resolution No. 70, concerning
the location of the permanent Seat of Government of the Confed¬
erate, States at Nashville, as follows :
Resolved by the General Assembly of the State of Tennessee, That
a Joint Select Committee consisting of two on the part of the
House, and such number as the Senate may designate, be ap¬
pointed to call the attention of the authorities of the Confederate
States of America to a resolution adopted by the General As¬
sembly, tendering the said authorities the use of the State Capitol,
and to correspond with said authorities touching the propriety and
expediency of making the city of Nashville the permanent Seat of
Government of the Confederate States ; and that said Joint Com¬
mittee act in conjunction with the Committee of the City Council
of Nashville.
192
On motion the rules were suspended, and the resolution adopt¬
ed, and ordered to be transmitted.
The Speaker appointed Messrs. Cheatham and Jones of David¬
son, said Committee on the part of the House.
The following message was received Irom the Senate :
Mr. Speaker :
The Senate has concurred in the request of the House of Rep¬
resentatives for a convention of the two Houses at half past 11
o'clock A. M. to-day, for the purpose of acting upon the appoint¬
ments made by the Governor in the Staff of the Provisional
Army of Tennessee.
Mr. Gantt from the Joint Committee on the memorial of the Com¬
missioners appointed by the Greeneville Convention, submitted the
following report ; which was read, and ordered to he transmiited.
The Committee to which was referred the memorial 0. P. Tem¬
ple, John Netherlana and James P. McDowell, on behalf of them¬
selves and certain citizens of East Tennessee composiug the
Greeneville Convention, respectfully submit the following report:
The Corrtmittee are not satisfied that the citizens, seeking by
their memorial to have East Tennessee erected into a new State,
represent the sentiment of the people of East Tennessee. They
are not aware that the important subject of the memorial has
been canvassed in the'State except in the Greeneville Convention.
That convention, as they are informed, was composed of dele¬
gates to the Knoxville Convention, which met on the 30th of
May last. These delegates were consequentlv chosen before the
vote on the 8th of June, and without reference to the particular
result of that vote. There is nothing whatever to show that they
were selected with the view to the formation of East Tennessee
into a new State, or that the wish of the counties which they as¬
sume to represent on that question was ascertained. Nor, indeed,
does it appear that said delegates were chosen upon a full ex¬
pression of public opinion. The grounds upon which the memo¬
rialists mainly rest the application is the vote of the 8th of June,
which, as the memorial assumes, exhibits an irreconcilable di¬
versity of sentiment between East Tennessee and Middle and
West Tennessee. The vote occurred, as already stated, subse¬
quent to the appointment of delegates who composed the Greene¬
ville Convention, and hence could not have an element in the
sentiment which appointed them.
In addition to this, as the question affects the whole State, we
remark, that nothing whatever of the sentiment of West and
Middle Tennessee is known on the grave question presented in
the memorial. In many portions of the State it is not even yet
known that memorialists desire to create a new State out of East
193
Tennessee. The fact is communicated to the General Assembly
in session, and with no opportunity whatever of comparing views
with their constituents on so important a question. Besides, with¬
out a full expression of sentiment to the contrary, the Committee
would be inclined to the opinion that our brethren of East Ten¬
nessee would acquiesce in the result of the vote on the 8th of
June. Every presumption is in favor of acquiescence. They are
our fellow citizens, identified with us by the closest ties of kin¬
dred and interest. We have been long accustomed to regard
them as brothers. In the many contests in the State, at the ballot
box, the will of a majority has been uniformly acquiesced in by
the minority. Many are the instances in which East Tennessee
had a large majority in favor of the prevailing policy. Such
was the case in February last. Whilst in numerous instances,
its favorite policy has been lost Yet the people of the entire
State have invariably acquiesced. We are not prepared to believe
that a contrary result will follow now.
If, however, there exists in the breasts of a majority of the
citizens of East Tennessee a desire to form themselves into a sep¬
arate State, and we are mistaken in our conclusions, we submit
that the question can be better disposed of by our successors, who
will assemble in a few months fresh from the people. In the
meantime, over the entire State the question can be discussed,
and a full expression of sentiment elicited. This will enable mem¬
bers to act in accordance with the known wishes of their con¬
stituents.
If the memorial did not preclude us from doing so, by asking
the appointment of Commissioners to confer with Messrs. Temple,
Netherland and McDowell, on the single question of erecting East
Tennessee into a new State, we would recommend the appoint¬
ment of Commissioners to confer with these gentlemen on the sub¬
ject of the grievances complained of by the citizens composing
the Greeneville Convention. The careful reading of the memo¬
rial, however, we regret to say, forbids us from so doing.
We decline to discuss the policy proposed by the memorial, as
well as other questions raised by it.
We earnestly hope that all causes of irritation between citizens
of the different portions of the State may soon be removed, and
that we may., as heretofore, continue brethren in feeling, alike
zealous to maintain the honor and promote the prosperity and
general welfare of the whole State. In conclusion, under the cir¬
cumstances, in our judgment, the General Assembly should at
this time take no action on the subject of the memorial.
Respectfully submitted,
STOKES, Chairman Senate Committee,
GANTT, Chairman House Committee.
The report was received and the Committee discharged.
13 H
194
On motion, the House took a recess preparatory to meeting the
Senate in Convention.
The Speaker called the House to order.
The Senate appeared and were invited to seats upon the floor.
Mr. Speaker Stovall called the Convention to order, and ex¬
plained the purposes for which the Convention assembled.
Mr. Dudley moved to go into secret session to consider the
Governor's message; which motion was agreed to, the message
was then read.
Mr. Newman moved to confirm the appointments in each de¬
partment of the service separate ; which motion prevailed.
Mr. Payne moved to confirm the appointments of surgeons and
assistants, adopted ; and the Convention confirmed the appoint¬
ments in the Surgeon's Department.
The Commissary appointments were then confirmed as a whole.
The Quartermaster's appointments were confirmed in like man¬
ner.
Appointments in the Artillery Corps were next taken up.
Mr. Whitthorne asked a division of the question upon the con¬
firmation in this department, and to suspend action upon the con¬
firmation of Milton A. Haynes, as Lieutenant Colonel of Artil¬
lery, and that a committee be appointed to inquire into the pro
priety of confirming his nomination.
A division of the question was had, and all the appointments
except that of Milton A. Haynes were confirmed.
The motion to postpone and appoint a Committee of Investi¬
gation failed,
Mr. Boyd moved to reconsider the vote refusing to postpone,
and raise a Committee of Inquiry.
Whereupon, Mr. Cheatham moved the Convention adjourn
until 3 o'clock; which motion failed.
Mr. Boyd then withdrew his motion.
On motion of Mr. Payne, all the remaining nominations, ex¬
cept that of Milton A. Haynes, were confirmed.
Whereupon, Mr. Lane moved to confirm the nomination of
Milton A. Haynes; which motion prevailed, and the nomination
was confirmed.
The purposes for which the Convention met having been ac¬
complished, the Senate retired to their chamber.
The Speaker called the House to order.
When, on motion of Mr. Gorman, the House adjourned until
3 o'clock P. M.
195
AFTERNOON SESSION.
The following message was received from the Senate :
Mr. Speaker :
The Senate has amended and passed on third reading, House
Bill No. 36, to authorize the Bank'* of Tennessee to pay out the
Treasury Notes of the Confederate States, and for other purposes,
and the same u herewith transmitted for the action of the House.
The Senate has amended and passed on third reading, House
Bill No. 34, to defray the expenses of the General Assembly of
the State of Tennessee, and the same is herewith transmitted to
the House for its further action.
The Senate has passed on third reading, House Bill No. 35, to
extend the time for the redemption of real estate, and the same is
herewith returned for enrolment.
The Senate has concurred in House Resolution No 67, to print
the Permanent Constitution of the Confederate States, and the
same is herewith returned to the House for enrolment.
Senate Message, being Senate amendments to House Bill No.
34, to defray the expenses of the General Assembly.
No. 1, to pajT for a flag, concurred in.
No. 2, for the benefit of Patrick McKue, was concurred in.
No. 3, making an additional appropriation for indexing the
Journals, was concurred in.
The following message was received from the Senate :
Mr. Speaker :
The Senate has laid upon the table House Bill No. 43, to char¬
ter a Letter Express Company, and the same is herewith returned
to the House of Representatives.
The following message was received from the Senate:
Mr. Speaker:
The Senate has adopted Senate Resolution No. 55, directory to
the Governor of ihe State, in regard to the rank of officers of the
army of the State, and ask the concurrence of the House of Rep¬
resentatives in the same.
McCLARIN, Clerk.
Senate's Message, being Senate amendments to House Bill No.
36, a bill to authorize the Banks of Tennessee to pay out the
Treasury Notes of the Confederate States, and for other purposes.
No. 1, to amend the 7th section of an act passed 27th February,
1856, was concurred in by the House.
196
No. 2, for the benefit of the Nashville and Northwestern Rail¬
road Company.
The following vote was had on concurrence.
Yeas 20
Nays 25
Representatives voting in the affirmative are:
Messrs. Baker of Perry, Baker of Weakley, Bayless, Butler,
Cheatham, Davidson, Farreliy, Gantt, Gillespie, Havron, Jones of
Davidson, Nail, Norman, Richardson, Shrewsbury, Trevitt, White
of Davidson, Williams of Franklin, Williams of Knox, and Mr.
Speaker Whitthorne—20.
Those voting in the negative are:
Messrs. Baiksdale, Critz, Davis, Dudley, Farley, Ford, Frazier,
Greene, Harris, Hurt, Ingram, Kincaid of Anderson, Lockhart,
Martin, MayfieU, Morphis, Porter, Roberts, Russell, Senter, Smith,
Sowell, Williams of Hickman, Williamson, and Mr. Woods—25.
A quorum not voting, Mr. Baker of Perry demanded a call of
the House, when the following gentlemen failed to respond to their
names:
Messrs. Armstrong. Beaty, Bennett, Bicknell, Bledsoe, Brazel-
ton, Britton, Caldwell, Cowden, Doak, Ewing, Gorman, Guy,
Jones of Overton, Johnson, Kenner, Kennedy, Kincaid of Clai¬
borne, MeCabe, Pickett, Sheid, Trewhitt, Vaughn, White of Dick¬
son, Whitmore, Wisener, and Mr. Woodard—27.
When, on motion of Mr. Dudley, the House adjourned until
Monday morning 8 o'clock.
MONDAY MORNING, JULY 1, 1861.
The House met pursuant to adjournment.
Mr, Speaker Whitthorne in the Chair.
The Journal of Saturday was read and approved.
Mr. Gantt introduced House Resolut on No. 71, as follows:
Resolved by the General Assembly of the State of Tennessee, That
the Governor be authorized and directed to accept the mounted
company of Captain Riffle, of Wayne county, Tennessee, armed
197
with r'fles : Provided however, That said company shall not ex¬
ceed the number of ninety privates.
The rules were suspended, and the resolution adopted and or¬
dered to be transmitted.
Senate Resolution No. —, directory to the Governor, was
adopted and ordered to be transmitted.
The Committee on Enrolled Bills made the following report:
The Committee on Enrolled Bills have examined House Reso¬
lutions Nos. 59 and 69 ; also, House Bills Nos. 27, 31, 34 and 35,
and find them correctly enrolled, and are ready for the signature
of the Speakers. Respectfully submitted,
W. N. BAKER, Chairman pro tern.
The unfinished business of Saturday, being Senate amendments
to House Bill No. 36, to authorize the Banks of Tennessee to pay
out the Treasury Notes of the Confederate States, and for other
purposes.
The question being on amendment No. 3, for the benefit of the
Nashville and Northwestern Railroad Company.
On motion of Mr. Dudley, the bill was made the special order
for eleven o'clock.
On motion of Mr. Cheatham, the House took a recess for three-
quarters of an hour.
The Speaker called the House to order.
The following message was received from the Senate:
Mr. Speaker :
The Speaker of the Senate has signed the following enrolled
acts and joint resolutions, and the same have been deposited in
the office of the Secretary of State, viz :
An act to amend the act to raise, organize and equip a provi¬
sional force, &c.
An act relative to Insurance Companies.
An act to increase the pay of First Sergeants.
An act to suspend sections 272, 234, 285 and 296 of the Code
of Tenne ssee.
An act to suspend the office of Commissioner of Roads.
An act to submit to the popular vote, an ordinance for the
adoption or rejection of the Permanent Constitution of the Con¬
federate States.
An act to regulate proceedings in Magistrate's Courts.
A joint resolution to appoint a Joint Select Committee upon the
memorial of the Commissioners appointed by the Greeneville Con¬
vention.
Joint resolution directory to the Quartermaster General.
Joint resolution on River Defences.
Joint Resolution directory to the inspectors of the Penitentiary-
198
The following message was received from the Senate :
Mr. Speaker:
The Senate has concurred in House Resolution No 60, to ad¬
journ sine die, and The same is herewith transmitted lor enrol¬
ment.
The Senate has concurred in the report of the Committee of
Conference, in relation to Senate amendment No. 6 to House
Bill No. 16, to amend the act to raise, organize and equip a pro¬
visional force, and for other purposes, and the bill is herewith re¬
turned for enrolment.
The Senate has receded from its amendment No. 1, to House
Bill No 39, for the relief of volunteers, and the bill is herewith
returned for enrolment.
The Senate has also receded from Its amendment No. 1, to
House Bill No. 19, for the relief of insane members of the fami¬
lies of volunteers, and the bill is herewith returned for enrolment.
The Senate has receded from its amendments to Hou-e Bill
No. 23, to incoiporate Powell's River Lead Mining Company, and
for other purposes, and the bill is herewith returned lor enrol¬
ment.
The Senate has laid on the table House Resolution No. 69, to
furnish members of the General Assembly with the Army Regu¬
lations, and ttie same is herewith returned.
The Senate has concurred in Blouse Resolution No. 70, in re¬
lation to the location of the permanent capital of the Confederate
States, and the same is returned for enrollment.
The Committee on Enrolled Bills made the following report:
The Committee on Enrolled Bills has examined House Resolu¬
tions Nos. 60 and 70, and Home Bills Nos. 16, 20, 3'.», 69, and
find the same correctly enrolled; and House Resolution No. 71,
corrrectly engrossed. H. C. l.OCKHART, Chairman.
The following message was received from the Senate:
Mr. Speaker:
The Senate has adopted House Resolution No. 71, directory to
the Governor, and the same is herewith returned for enrollment.
The Senate has amended and passed on third reading House
Bill No. 42, to incoipoiate the Confederate Paper Mill Company,
and the same is herewith transmitted for the lurther action of the
House of Representatives.
Mr. Lockhart introduced House Resolution No. 72, as follows :
Whereas, It is proper and right that the voice of our iellow-
citizeris who are now or may bd in the volunteer service of the
State, should be heard in the elections soon to take place for del¬
egates to the frovisional Congress, as their rights and interests
are to be affected thereby; and whereas, it is not believed that
199
there is a single candidate for any position within the State, who
would accept office against the clearly ascertained wishes of the
people of his Histrict; therefore—
Resolved by the General Assembly of the State of Tennessee, That
in order fully and clearly to ascertain the wishes of the entire
people, whether at home or in the field, it is hereby made the
duty of the captains of the various companies in the service of
the State, no matter where stationed, on the first Thursday in Au¬
gust next, to open, hold and conduct, according to the forms of
existing laws, an election, wheuein each volunteer may deposit
his baliot for such officers as he would be entitled to vote for if
he were in the county of his residence upon that day. The result
whereof shall be certified to by said captains, and immediately
forwarded to the legal place of comparing votes ; or if too late
therefor, to t he Secretary of State, who shall publish said returns.
And it is further made the duty of the Secretary of State to lay
said returns before the next General Assembly.
On motion, the rules were suspended.
Whereupon, Mr. Harris demanded a call of the House, when
the following Representatives failed to respond to the call :
Messrs. Armstrong, Bayless, Beaty, Bicknell, Bledsoe, Braz-
elton, Britton, Caldwell, Doak, Ewing, Ford, Gorman, Guy,
Hebb, Jones of Overton, Johnson. Kenner, Kincaid of Claiborne,
May field, McCabe, Smith, Trewhitt, Vaughn, White of Dickson,
Williams of Franklin, Williams of Hickman, Wisener, and Mr.
Woodard—28.
Messrs. May field, Williams of Franklin, Smith, and Bayless
appeared.
When, on motion, further proceedings under the call were dis¬
pensed with.
On motion of Mr. Harris, the resolution was laid upon the
table.
Yeas .28
Nays 22
Representatives voting in the affirmative are :
Messrs. Butler, Critz, Dudley. Far-jelly, Gillespie, Greene, Har¬
ris, Havron, Hurt, Ingram, Kennedy, Kincaid of Anderson, Mar¬
tin, Mayfield, Morris, Morphis, Nail, Norman, Richardson, Rob¬
erts, Russell, Shrewsbury, Smith, Trevitt, White of Davidson,
Williamson, and Mr. Woods—28.
Those voting in the negative are :
Messrs. Baker of Perry, Baker of Weakley, Barksdale, Bayless,
Bennett. Cheatham, Cowden, Davidson. Davis, Farley, Frazier,
Gantt, Jones of Davidson, Lea, Lockhart, Pickett, Porter, Senter,
Sheid, Whitmore, Williams of Franklin, and Mr. Speaker Whit-
thorn e—22.
200
The following message was received from the Senate:
Mr. Speaker :
The Senate has amended and passed on third reading, House
Bill No. 41, to abate suits of aliens, and the same is herewith re¬
turned for the iurther action of the House of Representatives.
The Committee on Enrolled Bills made the following report:
The Committee on Enrolled Bills have examined House Reso¬
lution No. 71, and find the same correctly enrolled, and ready for
the signature of the Speaker. *
July 1st, 1861. W. N. BAKER, Chairman pro tern.
The House concurred in Senate's amendment to House Bill
42, a bill to incorporate the Confederate Paper Mill Company.
The House concurred in Senate amendment ''excepting Ken¬
tucky, Missouri, and Maryland," to House Bill No. 41, to abate
suits of aliens.
Yeas
Nays
Representatives voting in the affirmative are:
Messrs. Baker of Perry, Baker of Weakley, Barksdale, Bayless,
Bennett, Cheatham, Cowden, Critz, Davidson, Davis, Dudley,
Farley, Farrelly, Frazier, Gantt, Gillespie, Greene, Harris, Hav-
ron, Hurt, Ingram, Jones of Davidson, Kennedy, Kincaid of An¬
derson, Martin, May field, Morris, Morphis, Nail, Norman, Pickett,
Porter, Richardson, Roberts, Russell, Sheid, Shrewsbury, Smith,
Sowell, Trevitt, White of Davidson, Whitmore^ Williams of
Franklin, Williamson, Woods, and Mr. Speaker Whitthorne—46.
Those voting in the negative are :
Messrs. Lea, Lockhart, Senter, and Mr. Williams of Knox—4.
Mr. Kennedy, by leave, introduced House Resolution No. 73.
Resolved by the General Assembly of the Slate of Tennessee, That
it be made the imperative duty of the Surgeon General and his
associates! in connection with the Regimental Surgeons, without
delay, to investigate and report to the Governor the condition and
extent of sickness among our volunteer forces ; that they exam¬
ine and report what steps, if any, are necessary to the comfort, and
the early restoration of the sick to health ; whether the sickness
is in any degree chargeable to the location of the encampment;
whether anything can be done, consistent with the service, to
modify the severity of the sickness which prevails ; and that they
report all such sanitary regulations as may be necessary to the
comfort and health of our volunteer forces. And that the author¬
ities in charge ol said forces immediately take steps to carry out
such regulations as may be recommended by said Surgeon Gen¬
eral and his assistants.
201
On motion, the rules were suspended, and the resolution adop¬
ted, and ordered to be transmitted to the Senate.
The following message was received from the Senate:
Mr. Speaker :
I am directed by the Senate to transmit for the signature of the
Speaker of the House of Representatives^ enrolled act to regu¬
late the manner of paying the officers and soldiers of the Provis¬
ional Army of Tennessee, and enrolled act to amend the charter
of the East Tennessee and Georgia Railroad Company, and the
same are herewith transmitted.
I am also directed to transmit for the signature of the Speaker
of the House, the following enrolled joint resolutions, and they
are herewith transmitted, viz :
Joint Resolution to transfer volunteer forces to the Confederate
States ;
Joint Resolution declaring against the policy of drafting soldiers;
Joint Resolution directing the Governor to rank and grade the
officers of the Provisional Army.
The Senate has adopted Senate Resolution No. 56, authorizing
the Governor to receive the cavalry companies of Capt. T. G.
Sanders, and the same is herewith transmitted for the action of the
House.
The Senate has appointed Messrs. Newman, Richardson, and
McClellan, on the part of the Senate, to wait on the Governor and
ascertain whether he has any further communication to lay before
the present General Assembly, and I am directed to ask the House
of Representatives to §j£point a committee to act with the Senate
committee.
The Speaker of the Senate has signed enrolled act to regu¬
late proceedings in magistrate's courts, and the same has been de¬
posited in the office of the Secretary of State.
The Speaker appointed Messrs. Harris, Jones of Davidson and
Martin, committee on the part of the House to wait upon the
Governor.
Mr. Cheatham introduced House Resolution No. 74 as follows:
Resolved, That the thanks of this House are hereby tendered
to the Hon. W. C. Whitthorne, for the ability and uniform impar¬
tiality with which he has discharged the duties of Speaker of the
House of Representatives.
The rules were suspended, and the resolution unanimously
adopted.
Senate Resolution No. 56, directory to the Governor, was con¬
curred in by the House.
The Committee on Enrolled Bills made the following report:
The Committee on Enrolled Bills have examined House Bill
202
No. 41, and find the same correctly enrolled and ready for the
signature of the Speaker.
July 1, 1861. W. N. BAKER, Chairman.
The Committee to wait upon the Governor made the following
report:
Mr. Speaker :
The Committee of the House appointed to wait upon the Gov¬
ernor, in conjunction with a Committee on the part of the Sen¬
ate, raised for the same purpose, and inquire if he had any lur-
ther communication to make to this General Assembly, beg leave,
to report that the Governor informed them that he had no iuither
communication to this General Assembly.
HARRIS, Chairman.
The special order being Senate amendments to House Bill No.
36, bill to authorize the Banks of Tennessee to pay out the Trea¬
sury Notes of the Confederate States, and for other purposes.
The question being upon concurrence in the amendment for
the benefit of the Nashville and Northwestern Railroad Company.
Which was non-concurred in by the House.
Yeas 23
Nays 27
Representatives voting in the affirmative are :
Messrs. Baker of Perry, Baker of Weakley, Barksdale, Butler,
Cheatham, Davidson, Farrelly, Gantt, Gillespie, Havron, Jones of
Davidson, Lockhart, Nail, Norman, Pickett, Richardson, Sheid,
Shrewsbury, White of Davidson, Whitmo^e, Williams of Frank¬
lin, Williams of Knox, and Mr. Speaker Whitthorne—23.
Those voting in the negative are :
Messrs. Bayless, Bennett, Cowden, Critz, Davis, Dudley, Farley,
Frazier, Greene, Harris, Hurt, Ingram, Kennedy, Lea, Martin,
Mayfield, Morris, Porter, Roberts, Russell, Senter, Smith, Sowell,
Trevitt, Williamson, and Mr. Woods—27.
Nos 2, 4, 7, 8, 9 and 10, were non-concurred in by the House.
No. 6, to section 7 of the bill, was concurred in.
The Committee on Enrolled Bills made the following report:
The Committee on Enrolled Bills have examined House Bill
No. 27, and find it correctly enrolled; have also examined House
Bill No. 42, and find the same correctly enrolled.
Mr. Pickett introduced House Resolution No. 75, as follows:
Resolved by the General Assembly of the State of Tennessee, That
the thanks of this body be tendered to young Patton Robinson,
for his gallant and soldierly bearing in the battle at Acquia
Creek, on the 1st day of June, 1861 : and that Colonel Bates be
requested to read this resolution at the head of his regiment.
203
On motion, the rules were suspended, and the resolution adopted
and ordered to be transmitted.
Mr. Senter introduced House Resolution No. 76, as follows*
Resolved, That the thanks of this House be tendered to Fred.
S. DeWolf, for the efficiency, punctuality and accuracy with
which he has discharged the duties of Chief Clerk of this House.
On motion, the rules were suspended, and the resolution was
unanimously adopted.
Mr, Williamson introduced House Resolution No. 77, as follows:
Resolved, That the Senate be invited to the Hall of the House
of Representatives at such hour as may suit their convenience
before 12 o'clock this day, to witness the presentation of a flag,
for the use of the Capitol, to the General Assembly of the State.
On motion, the rules were suspended, and the resolution adopted
and ordered to be transmitted to the Senate.
Mr. Morris introduced House Resolution No. 78, as follows :
Resolved by the House of Representatives, That the thanks of
this House be tendered to the Second and Third Clerks, and to the
Doorkeeper, for their promptness and efficiency in the discharge
of their duties.
On motion, the rules were suspended, and the resolution unani¬
mously adopted.
Mr. Sheid,introduced House Resolution No. 79, as follows:
Resolved, That the thanks of this House are hereby tendered
to the Committee on Enrolled Bills, for the faithful manner in which
they have performed the laborious duties of that Committee,
through the regular, and two subsequent extra sessions of the
General Assembly of Tennessee.
On motion, the rules were suspended, and the resolution adopted.
The following message was received from the Senate:
Mr. Speaker:
The Speaker of the Senate has signed the following enrolled
acts, and the same have been deposited in the office of the Secre¬
tary of State, viz:
An act to authorize the issuance of Treasury Notes, and to
prescribe the punishment for forging the same.
An act for the relief of volunteers.
An act to extend the time for the redemption of real estate,.
An act to amend the act to raise, organize and equip a provi¬
sional force, and for other purposes.
An act for the benefit of the insane members of the families of
volunteers.
An act to incorporate Powell's River Lead Mining Company,
and for ether purposes.
An act to amend sections 14 and 16 of an act passed May 6,
304
1861, entitled an act to raise, organize and equip a provisional
force, and lor other purposes.
An act to repeal purl of section 3965 of the Code of Tennes¬
see, and for other purposes.
An act for the manufacture of fire arms, gunpowder, &c.
Ail act to defray the expenses of the General Assembly of the
State of Tennessee.
The Speaker of the Senate has signed enrolled joint resolutions
as follows, and the same have been deposited in the office of the
Secretary of State, viz:
Joint resolution in relation to printing the Permanent Constitu¬
tion of the Confederate States.
Joint resolution concerning the location of the permanent Capi¬
tal of the Confederate States.
Joint resolution to adjourn sine die.
Joint resolution instructing our delegates to the Southern Con¬
gress.
The Senate has adopted Senate Resolution No 57, to allow
volunteers to vote in the election for delegates to the Provisional
Con gress. and the same is herewith transmitted to the House of
Representatives for further action.
The Senate has receded from the amendments adopted by it to
House Bill No. 36, to authorize the Banks of Tennessee to pay
out the Treasury Notes of the Confederate States, and for other
purposes, non-concurred in by the House, ard the bill is herewith
returned for enrolment.
Seriate Resolution No. 57, in favor of allowing volunteers to
vote, was adopted by the House.
The following message was received from the Senate:
Mr. Speaker :
I am directed to say that the Senate will meet the House of
Representatives, in the Hall of the fitter, at ten minutes before
12 o'clock, to witness the presentation of a flag to the General
Assembly.
The Committee on Enrolled Bills made the following report:
The Committee on Enrolled Bills have examined lit-usc Reso¬
lution No. 73, and find the same correctly engrossed.
W. N. BAKER, Chairman pro tem.
At ten minutes before 12 M., the Senate appeared and were
invited to seats upon the floor of the House.
Mr. Pickett presented to the State, through the Legislature, a
Confederate flag, from the graduating class of i\lis Holcomb's
school, to be placed on the dome of the Capitol; which was ac¬
cepted by Mr. Whitthorne, on behalf of the Legislature.
The Senate then retired to thoir chamber.
The Committee on Enrolled Bills made the following report:
205
The Committee on Enrolled Bills have examined House Reso¬
lution No. 75, and find the same correeily engrossed.
W. N. BAKER, Chairman pro tem.
Mr. Bennett (Mr. Williamson in the chair) introduced House
Resolution No. 80, as follows:
Resolved by the House of Rfpresentalives, That Messrs. Pickett
and Whitthorne be respectlully requested to furnish copies of
their speeches upon the presentation of the flag to this body, tor
publication.
The rules were suspended and the resolution unanimously
adopted.
On motion of Mr. Williamson, the House adjourned until 2
o'clock, P. M.
AFTERNOON SESSION.
The following message was received from the Senate :
Mr. Speaker :
The Speaker of the Senate has signed the following enrolled
acts and joint resolutions, and the same have been deposited in
the office of the Secretary of State, viz:
An act to incorporate the Confederate Paper Mill Company;
An act to abate suits of aliens;
An act to amend the charter of the East Tennessee and Vir¬
ginia Railroad Company;
An act to regulate the manner of paying the officers and sol¬
diers of the Provisional Army of Tennessee ;
Joint resolution requiring the Governor to rank and grade the
officers of the Provisional Army of Tennessee ;
Joint resolution declaring against the policy of drafting soldiers;
Joint resolution directing the Governor to accept the services of
the mounted company of Capt. Biffle ;
Joint resolution to transfer volunteer forces to the Confederate
States.
I am directed to transmit for the signature of the Speaker of
the House of Representatives, enrolled joint resolution to author¬
ize the Governor to receive the services of the cavalry company
206
of G. C. Saunders; and enrolled resolution in favor of allowing
volunteers to vote, and the same are herewith transmitted.
The Senate has concurred in House Resolution No. 75, of
thanks to Lieutenant Patton Robertson, and the same is herewith
returned for enrolment.
The Senate has laid on the table House Resolution No. 75, di¬
rectory to the Surgeon General and his assistants, and the same
is herewith returned.
The Committee on Enrolled Bills made the following report:
The Committee on Enrolled Bills has examined House Bill No.
36, and House Resolution No. 75, and find them correctly en¬
rolled. H. C. LOCK HART, Chairman.
The following message was received from the Senate:
Mr. Speaker:
The Speaker of the Senate has signed enrolled act to authorize
the banks of Tennessee to receive and pay out the Treasury Notes
of the Confederate States, and for other purposes; also, enrolled
joint reso ution authorizing the Governor to receive into the service
the cavalry company of G. C. Saunders, joint resolution of thanks
to Patton Robertson, and joint resolution in favor of allowing vol¬
unteers to vote, and the same have been deposited in the office
of the Secretary of State.
The following message was received from the Senate:
Mr. Speaker :
The Senate has transacted all the public business requiring its
attention at the present extra session of the General Assembly,
and is now ready to adjourn sine die.
In pursuance of a joint resolution, on motion of Mr. Baker of
Perry, the Speaker declared the House adjourned sine die.
W. C. WHITTHORNE,
Speaker of the House of Representatives.
FRED. S. De WOLFE,
Clerk of the Rouse.
INDEX
TO THE
HOUSE JOURNAL.
INDEX.
A.
Armstrong, B. H., Representative from Knox and Sevier....
Bills, Resolutions, Petitions, Motions, &c., 18, 21, 22, 29,
44.
B.
Baker, W. N., Representative from Perry and Decatur,*....
Bills, Resolutions, Petitions, Motions, &c., 15, 21, 22,
36, 90, 119, 151, 196, 206.
Baker, Samuel, Representative from Weakley
Bills, Resolutions, Petitions, Motions, &c., 179,
Barksdale, William H., Representative from Smith, Sumner,
and Macon
Bills, Resolutions, Petitions, Motions, &c., 15, 63, 92,
123, 124, 158.
Bayless, William M., Representative from Washington - •..
Bills, Resolutions, Petitions, Motions, &c., 17, 37, 114,
119, 130, 142,150, 152.
Beaty, J. J., Representative from Giles
Bills, Resolutions, Petitions, Motions, &c., 125, 136.
14H
210
Bennett, R. A., Representative lrom Sumner
Bills, Resolutions, Petitions, Motions, &c., 3, 54, 65, 187,
205.
Bicknell, S. T., Representative from Blount,
Bills, Resolutions, Petitions, Motions, &c., 46, 64, 93,106,
119.
Bledsoe, R. II., Representative from Scott, Morgan and
Fentress * ...
Bills, Resolutions, Petitions, Motions, &c., 35, 90, 122,
124, 125, 126, 128, 130, 136, 142, 145, 149.
Brazelton, William jr., Representative from Jefferson
Bills, Resolutions, Petitions, Motions, &c\, 19, 26, 34, 54,
76, 105.
Britton. James, Representative from Greene
Bills, Resolutions, Petitions, Motions, &c., 37.
Butler, R. R., Representative from Carter and Johnson* •
Bills, Resolutions, Petitions, Motions, &c., 166.
c.
Caldwell, A., Representative from McMinn
Bills, Resolutions, Petitions, Motions, &c., 14, 15, 34, 39,
52, 124, 134, 140, 168, 176, 182, 183.
Cheatham, R. B., Representative from Cheatham, Davidson,
Montgomery and Robertson
Bills, Resolutions, Petitions, Motions, &c., 4,12, 15, 17,
20,26, 34, 35, 37, 38, 42, 47, 54, 69, 81,91,96, 111, 112,
126, 145, 148, 153, 158, 164, 168, 191, 194, 197, 201.
Cowden, H. N., Representative from Marshall
Bills, Resolutions, Petitions, Motions, &c., 65, 69.
Critz, Philip, Representative from Hawkins
Bills, Resolutions, Petitions, Motions, &c.
D.
Davidson, J. W., Representative from Benton and Humphreys
Bills, Resolutions, Petitions, Motions, &c.
211
Davis, John R., Representative from Wilson
Bills, Resolutions, Petiiions, Motions, &c., 12, 16, 23, 37,
44, 51, 52, 67, 119, 140, 185.
Doak, William R., Representative from Bedford and Ruther¬
ford -
Bills, Resolutions, Petitions, Motions, &c., 55.
Dudley, N. B., Representative from Montgomery
Bills, Resolutions, Petitions, Motions, &c., 14, 17, 40, 65,
70,73, 90, 110, 113, 114, 122, 125, 138, 145, 150, 150,
152, 157, 158, 179, 194, 196, 197.
E.
East, E. H., Representative from Davidson
Bills, Resolutions, Petitions, Motions, &c., 24, 25, 31, 34.
Ewing, William, Representative from Williamson,
Bills, Resolutions, Petitions, Motions, &c., 19,29, 58, 75,
85, 92, 106, 119, 122, 135.
F.
Farley, W. T., Representative from Shelby
Bills, Resolutions, Petitions, Motions, <fcc.. 80, 153.
Farrelly, John Pat., Representative from Shelby
Bills, Resolutions, Petitions, Motions, &c., 16, 19, 24,
31, 37, 44, 45, 46, 47, 58, 61, 67, 114,120,130, 132, 140,
141, 149, 150, 151, 154, 165, 181, 186.
Ford, J. J., Representative from DeKalb
Bills. Resolutions, Petitions, Motions, &c., 33, 37, 43, 63,
81, 137, 152, 176.
Frazier, C., Representative from Henry
Bills, Resolutions, Petitions, Motions, &c., 56.
G.
Gantt, George, Representative from Maury
Bills, Resolutions, Petitions, Motions, &c.,14, 20, 25, 29, 37,
46, 48, 53, 59, 62, 73, 74, 76, 83, 90, 108, 121, 126, 132,
212
133, 134,138, 145, 146, 153, 157, 162,166,173, 187, 192,
196.
Gillespie, James W., Representative from Rhea, Bledsoe, and
Hamilton.
Bills, Resolutions, Petitions, Motions, &c., 51, 140, 178.
Gorman, T. S., Representative from Cocke,
Bills, Resolutions, Petitions, Motions, &c., 94, 154, 194.
Greene, A. L., Representative from Roane
Bills, Resolutions, Petitions, Motions, &c., 18, 34, 176.
Guy, W, W, Representative from Hardeman
Bills, Resolutions, Petitions, Motions, &c., 75, 96, 119,
133, 187.
H.
Harris, Richard R., Representative from Bradley,
Bills, Resolutions, Motions, &c., 13, 34, 50, 57,76, 85,97,
111, 141, 199, 202.
Havron, James S., Representative from Marion
Bills, Resolutions, Petitions, Motions, &c., 21, 22, 30, 65,
77, 79, 137, 160, 162, 163, 168, 169.
Hebb, George V., Representative from Lincoln
Bills, Resolutions, Petitions, Motions, &c., 28, 44, 80, 93
120, 136, 140, 152, 154, 165, 168, 170, 180, 185.
Hurt, R. B., Representative from Madison
Bills, Resolutions, Petitions, Motions, &c., 24, 37, 135,
150, 154, 155, 162, 185.
I.
Ingram, R. M., Representative from Fayette
Bills, Resolutions, Petitions, Motions, &c.
J.
Jones, W. E. B-, Representative from Overton
Bills, Resolutions, Petitions, Motions, &c., 23, 32, 49,
52, 54, 67, 71, 72, 73, 76, 81, 90, 92, 121, 135,
137, 140, 146, 146, 164, 165, 182.
213
Jones, Ira P., Representative from Davidson, is qualified, 110
Bills, Resolutions, Petitions, Motions, &c., 131, 132,163,
179.
Johnson, Robert, Representative from Greene, Hawkins, Han¬
cock and Jefferson
Bills, Resolutions, Petitions, Motions, &c., 31, 63, 67, 84,
93.
K.
Kenner, W. R., Representative from Jackson
Bills, Resolutions, Petitions, Motions, &c., 23.
Kennedy, T. J., Representative from Lincoln, Marshall arid
Giles
Bills, Resolutions, Petitions, Motions, &c„ 82, 109, 122,
125, 141, 147, 151, 159, 162, 177, 186, 200.
Kincatd, A., Representative from Anderson and Campbell
Bills, Resolutions, Petitions, Motions, &c.
Kincaid, John W., Representative from Claiborne
Bills, Resolutions, Petitions, Motions, &c., 22.
L.
Lea, B. J. Representative from Haywood
Bills, Resolutions, Petitions, Motions, &c., 3, 12,20, 21,
26, 23, 36, 40, 41, 43,90, 93, 112, 114, 124, 129,140,145,
149, 165,169,171,183,187.
Lckhart, H. C., Representative from Stewart
Bills, Resolutions, Petitions, Motions, &c., 20, 37, 63, 71,
81, 82, 113, 119,120, 126,133,137,138,143, 146,156,
157, 158, 162, 173, 179, 187, 198.
M.
Martin, Wm. L., Representative from Wilson
Bills, Resolutions, Petitions, Motions,&c., 3, 25, 33, 40,
44, 50, 62, 62, 69, 71, 93, 112, 119, 132,134, 155, 156,
165, 167,174.
214
Mayfield, P. B., Representative from Polk, McMinn, and
Meigs
Bills, Resolutions, Petitions, Motions, &c., 44, 72, 79, 86,
112,141.
McCabe, J. G. Representative from Cannon
Bills, Resolutions, Petitions, Motions, &c., 125, 130, 132,
Morris, J., Representative trom Wayne
Bills, Resolutions, Petitions, Motions, &c., 14, 18,96, 203,
Morphis, J, S., Representative from McNairy
Bills, Resolutions, Petitions, Motions, &c., 27, 33, 65, 60,
121, 124, 155, 161.
N.
Nall, Robert C., Representative trom Obion
Bills, Resolutions, Petitions, &c., 125, 139, 179.
Norman, John, Representative from Carroll
Bills, Resolutions, Petitions, Motions, &c., 18, 19, 32, 126.
P.
Pickett, Joseph G., Representative from Smith
Bills, Resolutions, Petitions, Motions, &c., 12, 14, 23,
121,202,204,
Porter, J. D., jr., Representative from Carroll, Gibson,
Madison and Henry
Bills, Resolutions, Petitions, Motions, &c , 12, 13,25, 62,
66, 122, 135, 138, 142, 156, 181, 182.
R.
Richardson, Stith, Representative from Dyer and Lauder¬
dale.
Bills, Resolutions, Petitions, Motions, &c., 23.
Roberts, D. A., Representative from Hardin- • •
Bills, Resolutions, Petitions, Motions, &c., 61.
215
Russell, W. M., Representative from White
Bills, Resolutions, Petitions, Motions, &c.,39, 168.
s.
Senter, D. W. C., Representative from Grainger
Bills, Resolutions, Petitions, Motions, &c., 14, 18, 30, 93,
176, 203.
Sheid, J. M., Representative from Grundy, Coffee and Van
Buren *
Bills, Resolutions, Petitions, Motions, &c., 16, 19, 28, 29,
30, 37, 51, 54, 60, 139, 140, 149, 162,169, 180, 183,203.
Shrewsbury, A. G., Representative from Henderson
Bills, Resolutions, Petitions, Motions, &c., 19, 24, 106.
Smith, John, Representative from Warren
Bills, Resolutions, Petitions, Motions, &c., 149.
Sowell, Jas. M., Representative from Lawrence • •
Bills, Resolutions, Petitions, Motions, &c., 61.
T.
Trevitt, J. F.. Representative from Sullivan ....
Bills, Resolutions, Petitions, Motions, &c.
Trewhitt, Daniel, C., Representative from Hamilton
Bills, Resolutions, Petitions, Motions, &c.
v.
Vaughn, A. J., Representative from Monroe
Bills, Resolutions, Petitions, Motions, &c., 16, 23, 36,
51, 63.
w.
White, J. B., Representative from Davidson
Bills, Resolutions, Petitions, Motions, &c., 94. 110 118,
146,161,169. '
216
White, William L., Representative from Dickson
Bills, Resolutions, Petitions, Motions, &c., 54.
Whitmore, C. H., Representative from Fayette, Tipton and
Shelby
Bills, Resolutions, Petitions, Motions, &c., 37, 60,148, 154.
Williams, Madison, Representative from Franklin
Bills, Resolutions, Petitions, Motions, &c., 43, 46.
Williams, John J., Representative from Hickman
Bills, Resolutions, Petitions, Motions, &c., 3, 11, 13, 24,
29,30, 41, 46, 111, 113, 114, 121, 126, 129, 134, 161, 169.
Willams, John, Representative from Knox
Bills, Resolutions, Petitions, Motions, &cv 18, 20, 21,
22, 26.
Williamson, J. S., Representative from Gibson
Bills, Resolutions, Petitions, Motions, &c., 31,32, 45, 61,
179, 183, 203, 205.
Wisener, W. H., Representative from Bedford
Bills, Resolutions, Petitions, Motions, &c., 12, 17, 18, 19,
22, 23, 34, 49, 55,122, 136, 151,167, 186.
Woods, John, Representative from Rutherford
Bills, Resolutions, Petitions, Motions, &c., 19, 119,
126, 140.
Woodard, John, Representative from Robertson
Bills, Resolutions, Petitions, Motions, &c., 61.
Whitthorne, W. C., Representative from Williamson, Maury
and Lewis • • -
Bills, Resolutions, Petitions, Motions, &c., 19, 29, 50, 62,
65, 75, 94, 111, 136, 139, 140, 153, 167, 186, 194, 204.
217
HOUSE RESOLUTIONS.
Picket.
Williams of H.
Pickett.
Morris.
Davis
Barksdale.,
Ewing.
Hurt....
Lea..
Lea.
12
43
14
15
16
17
18
19
20
20
23
24
25
26
27
28
29
30
31
Jones.
Hebb..
Williamson.
Wisener ....
Harris....
Johnson
Gantt
Lockhart.. ..
Baker of Perry
Farrelly
Williamson.
Gantt
Johnson.
Nail
Farrelly
Martin..
Dudley..
Dudley..
Hebb..
Gantt.
To provide for secret sessions
To construe resolution No. 1
To tender the hall to Hon. H. B. Todd
and C. K. Marshall
To appoint a committee to invite minis¬
ters of the gospel to open the House
with prayer.
Touching our federal relations
Approving Gov.Harris' reply to Lincoln's
demand for troops from Tennessee
Addressed to the farmers
To authorize a report to be taken of the
proceedings of the House
To appoint a committee to wait upon the
Hon. H. W. Hilliard, &c
Providing for a convention of the two
Houses to confer with the Hon. H. W.
Hilliard, of Alabama
For the benefit of the Adjutant General.
Touching the condition of Maryland and
directory to the Governor of Tennessee.
Directory to the Governor
To instruct the committee on military
affairs
Pertaining to an ordinance of separation.
To adjourn sine die
To adopt the purchase of ninety-four
Colt's Kifles, &c
To instruct the finance committee
To tender the hall to the Hon. Taz. W
Newman
To appoint Messrs. Bay and Johnson to
procure or compile military tactics for
Tennessee
Touching our federal relations, &c.
To invite H. W. Hilliard to confer with
the House of Kepresentatives in secret
session
To dispense with secret sessions
With reference to the defence of West
Tennessee
With reference to .an attack on Washing¬
ton City
Directory to the Secretary of State...
To determine the manner of adjournment.
Directory to the Secretary of State.
Kequesting the members of the Legisla¬
ture to file their resignations
To appoint a committee to wait upon the
Governor
To provide for a Bank Congress....
Action upon.
12, 13
13
14
14
15, 16, 21, 22
17, 36, 105
23, 36
26
28
28
28, 105
32, 105
34, 47
34, 63
36, 47
37, 47
37, 47
38
45
45, 63
46
48, 63
48
66
61, 67
61, 67. 92
65, 92
66, 92
66
67, 83
218
HOUSE RESOLUTIONS.
No.
Introduced by
32 Gantt.
33
34
35
36
37
38
39
40
41
42
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
Cheatham.,
Whitthorne..
Hebb
Farley
Gantt
Johnson
Ewing....
Dudley..
Ewing....
Gorman.
Gantt ....
Gantt
Ewing
Williams of II.
Dudley ...
Lockhart.
Williams of H.
Woods
Martin
Morphis
Bledsoe..
Bledsoe.
Nail
Dudley.
Lea.
Bledsoe
Baker of Perry
Dudley
Hurt
Porter
Gantt
To remove the injunction of secrecy from
Senate bill No. 1, and part of the army
bill
Tendering the Capitol to the Confederate
authorities
Directory to the Bank of Tennessee
Requesting judges not to hold courts
To provide for taking the vote of the vol¬
unteers on the 8th of June
Directory to the Banks of Tennessee
To adjourn sine die
The free navigation of the Mississippi
river
Directory to the Comptroller
Directory to the Secretary of State
Resolution ojjthanks to certain railroads.
To provide for the ratification of nomi¬
nations made by the Governor
To print the address of the joint commit¬
tee
Changing the hour of adjournment
Requiring members and officers to take
an oath to support the Constitution of
the Provisional Government
Requesting judges not to hold their courts
To instruct the committee on military
affairs
To appoint committee to wait upon the
Governor
Tendering the Hermitage to the Confed¬
erate States
Directory to the Military and Financial
Board
To appoint a time to elect State Librarian
To compensate citizens for property de¬
stroyed by soldiers...!
Quartermasters and commissaries to be
appointed from the vglunteer service...
Directory to the Secretary of State
To appoint joint committee on the per¬
manent Constitution
To appoint committee to inquire into the
conduct of J. M. Carter, door-keeper.
To instruct finance committee
To instruct Senators elected to the Con¬
gress of the United States
To instruct delegates to Southern Con¬
gress
To adjourn sine die
To instruct the committee on the perma¬
nent Constitution
To instruct the military committee
Action had.
68, 76
68, 69
75, 91
80, 105
80
83
84
85
90
92
94
108
108
108
113, 138
118, 122, 123
113, 124
114
119, 139
[144
119,120, 121, 130,
121, 124
124, 138
125, 138
125, 139
125
139
145, 149
150, 173
154
156
157, 173
219
HOUSE RESOLUTIONS.
No.
63
64
65
66
67
68
69
70
71
72
73
74
75
76
Introduced by
Lockhart..
Williams of H.
Hebb
Gillespie
Jones of D.;....
Baker of W.
Hebb..
Cheatham.
Gantt
Lockhart.
Kennedy..
Cheatham.
Pickett.
Senter..
Morris...
Sheid
Bennett
Action had.
Williamson.
With reference to rebelling against the
■will of the people expressed at the re¬
cent election 157,158
Directory to the inspectors of the peni¬
tentiary 161, 173
To appioint commissioner to Bichmond
&c 168, 177
Directory to the Military and Financial
Board 178
To provide for publishing the permanent
Constitution, and act submitting it to
the people 179, 180, 183
Directory to the committee on federal re¬
lations 179
Directory to the Secretary of State 185
Concerning the location of the permanent
seat of government of the Confederate
States 191
Directory to the Governor 196
With reference to taking the vote of vol¬
unteers in the coming election 198, 199
Directory to the Surgeon-General and his
associates 200
Tendering the thanks of the House to
Mr. Speaker Whitthorne 201
Tendering thanks to Patton Bobertson... 202
Tendering thanks to Pred. S. De Wolfe,
clerk 203
To invite the Senate to witness the pre¬
sentation of a flag in the hall of the
House 203
Tendering thanks to certain offlcers of
the House ..... 203
Tendering the thanks of the House to the
committee on enrolled bills 203
Bequesting copies of the speeches deliv¬
ered by Messrs Pickett and Whit¬
thorne, on the presentation of the flag. 205
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
220
HOUSE BILLS.
Introduced by
Baker of Perry...
Guy
Williams of Hick.
To raise, organize, and equip
a provisional force, and for
other purposes
To absolve all connection
with the Federal Govern¬
ment
To provide for a Convention
of the people of Tennessee
To more effectually arm the
citizens of Tennessee
To prevent the collection of
debts owed by the citizens
of Tennessee to citizens of
non-slaveholding States...
To defray the expenses of the
General Assembly
To repeal section 96 of the
Militia Law of Tennessee.
To repeal section 4742 of the
Code
To charter an Arms Com¬
pany
To amend section 2638 of the
Code of Tennessee
To repeal sections 272, 284,
285, and 296 of the Code...
To suspend the terms of
the Supreme and Chancery
Courts
To regulate proceedings in
Magistrates' Courts
Bowie Knife Bill
Directory to the Superinten¬
dent of Public Instruction
To amend the Army Bill
For the benefit of Cavalry
Companies
To declare vacant the office
of Bank Supervisor—
For the benefit of families of
insane volunteers
To amend sections 14 and 15
of the Army Bill
To increase the pay of 1st
Sergeants
To relieve Quartermasters
and Commissaries
To incorporate the Powell's
Kiver Lead Mining Com¬
pany, &c
To provide for the issuance
of Treasury Notes
P3
14
14
14
19
36
37
37
43
46
58
62
62
114
114
114
114
119
119
119
119
119
121
124
124
No.
25
26
27
28
29
30
31
82
33
34
35
36
37
38
39
40
41
42
221
HOUSE BILLS,
Introduced by
IcCabe
ones of Overton.
teatty
Kennedy
titlb.
5-antt..
Vhitthorne
fones of Overton.
Jillespie,
fones of Overton,
Davis
Woods.
Gfantt .
Jones of Overton
White of David' n
Lockhart.
Sheid
Lea
Farrelly
To suspend the office of Road
Commissioner
To amend part of section
4743 of the Code
To charter an Arms Com¬
pany
To repeal sections 272, 284,
285 and 296 of the Code....
To submit to the popular
vote- an Ordinance for the
adoption or rej ection of the
Permanent Constitution...
To provide for the election of
Quartermasters and Com¬
missaries by the different
regiments
To repeal part of section 3965
of the Code. &c
To legalize Shooting Galffi
ries, &c
To amend the Militia Laws
of this State
To defray the expenses of the
General Assembly
To extend the time for re¬
deeming real estate
To authorize the Banks of
Tennessee to pay out the
Treasury Notes of the Con¬
federate States
To authorize the revisor of
suits in certain cases
For the relief of the AStna
Insurance Company
For the relief of Volunteers.
To amend an act passed 1860,
Chap, 80, to Increase the
Revenue of the State....
To abate suits of aliens ....
Cheatham.,.
Company.
1st Reading.
bCi
.5
-CS
<3
M
rg!
cq
3d Reading.
125
138
125
125
184
144
125
134
147
133
149
155
139
140
146
150
140
146
140
146
140
146
159
140
146
152
145
146
167
146
150
146
150
161
146
150
162
149
150
149
150
164
150
159
173
153
159
173
Nc
1
3
6
8
9
10
12
14
16
17
18
19
23
25
26
27
29
30
32
34
34
36
38
40
41
42
44
46
48
51
52
53
56
57
222
SENATE RESOLUTIONS.
ro provide for the appointment of a Joint Select Committee... ]
ro provide for the printing of Hardee's Tactics
Directory to the Governor 1
L'o enable members and officers to draw their pay
ro provide for the organization of a Military Board
Directory to the Governor
ro provide for the protection of Railroad Bridges
ro appoint a Joint Select Committee to prepare an Address to
the people of Tennessee
Directory to the Governor
fo give T. W. Newman power to negotiate for arms, &c
Co appoint Commissioners to form a Military League with the
Confederate States
lequesting a copy of H. W. Hilliard's address for publication
)n adjournment
Lpproving the course of the Governor in not ordering an
election for members to the Federal Congress
furnish the members and officers with a copy of Hardee's
Tactics
lirector}- to the Governor
'roviding for the confirmation of officers, &c
'o remove the secrecy from our deliberations
'o have Hardee's Tactics stereotyped
Ratifying the Military League, &c
'o print the Constitution of the Confederate States
lirectory to the Committee on Military Affairs
'o transfer volunteer forces to the Confederate States
ouching the loyalty and patriotism of the citizens of Ten¬
nessee
'irectory to the Military Board
'o provide for electing a State Librarian
>n River Defenses. 14
'or the sale of a portion of the Hermitage Lands 14
•eclaring against the policy of drafting soldiers 18
0 appoint a Joint Select Committee upon the memorial of
the Commissioners appointed by the Greeneville Conven¬
tion 17
'irectory to the Quartermaster General 17
a relation to the Louisville and Nashville Railroad 18
irectory to the Governor „....- 19
irectory to the Governor 20
1 favor of allowing Volunteers to vote '20
223
SENATE BILLS.
To call a Convention of the people of Tennessee
In relation to the payment of the interest on
State Bonds owned by parties in the North¬
ern States
To amend the Militia Law, requiring Captains
to give notice
To regulate the holding of Courts in this State
To repeal section 4747 of the Code
To extend the time for Perfecting Land Titles
To regulate the manner of paying the officers
and privates of the Provisional Army of
Tennessee .
To provide for the payment of Deputy Mar¬
shals for taking the last Census in Tennessee
To amend the charter of the East Tennessee
and Virginia Railroad Company
In relation to Inspectors of boilers and hulls
of boats.. :
To authorize Volunteers to vote in the election
of members to the Provisional Congress
W
43
59
76
59
166
145
173
166
173
173
173
•46
176
176
Other
Action.
57
97
187
49, 54, 65
96 [106
71, 74, 90, 91
169
146
186
169,179 181
187
188
176
224
141, 144, 146, 150, 157, 164, 166, 173, 174, 175, 176, 181, 185, 197, 198, 200, 201,
Reports of the Committee on Em oiled Rills.
Pages—19, 25, 27, 29, 33, 35, 41, 49, 53, 61, 64, 68, 80, 92, 93,
141, 144, 146, 150, 157, 164, 166, 173, 174, 175, 176, 181, 185, 197,
202, 204, 205, 206,
Joint Conventions of the two Souses.
Pages—34, 108, 120, 126, 194, 204.
Calls of the Souse.
Pages—8, 12, 28, 50, 54, 69, 110, 111, 123, 133, 148, 196, 199.
Messages from the Governor.
Pages—4, 26, 77, 87, 107, 114, 188.
MISCELLANEOUS.
Page.
Military League with the Confederate States 78
Character and amount of funds surrendered by the Surveyor of the Port at
Nashville 88
Communication from the Comptroller......... 94
Joint Select Committee's Address to the people of Tennessee.. 97
Campbell's resignation as Third Clerk Ill
Charles M. Hays elected Second Clerk in lieu of Jno. E. Helms, not here Ill
Natt. Atkinson elected Engrossing Clerk in Campbell's stead 112
Miles Brantley appointed Doorkeeper 4
Hatcher elected Librarian 129
Carter resigned and Wade appointed Doorkeeper 140
Report of Committee to investigate charges against Mr. Carter 145
Report of the Select Committee on the subject of re-districting the State 158
Report of the Committee on the Memorial of the Commissioners ap¬
pointed by the Greeneville Convention 192
Prepared by FRED. S. De W OLFE,
Chief ClerJc of the Souse of Representatives.
Nashville, July 13, 1861.