118258
JUL 22W4I
SENATE JOURNAL
OF THE
EXTRA SESSION OF THE
THIRTY-THIRD GENERAL ASSEMBLY
OF TIIE
STATE OF TENNESSEE,
WHICH CONVENED AT
NASHVILLE, ON THE EIRST MONDAY IN JANUARY, A. D. 1861.
NASHVILLE :
J. 0. GRIFFITH AND COMPANY, PUBLIC PRINTERS.
.1861.
SENATE JOURNAL,
EXTRA SESSION, 1861.
MONDAY, JANUARY 7, 1861.
At a meeting of the General Assembly of the State of Tennessee,
begun and held at the city of Nashville, on Monday, being the 7th
day of January, in the year of our Lord one thousand eight hun-
dred and sixty-one, in pursuance of a Proclamation of His Excel-
lency, Isham G. Harris, bearing date the 7th day of December, A.
D., 1860, being the second session of the thirty-third General As-
sembly of said State.
On which day, being that fixed by the proclamation of the GoV-
ernor, for the meeting of the General Assembly, Taz. W. Newman,
of the counties of Franklin and Lincoln, the Speaker; John McCla-
rin, 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, to wit:
From the district composed of the counties of Johnson, Carter,
Washington and Sullivan—George R. McClellan.
Hawkins, Hancock and Jefferson—Wrn. M. Bradford.
Greene, Cocke, Sevier and Blount—D. Van Dyke Stokely.
Claiborne, Grainger, Anderson and Campbell—M. V. Nash.
Knox and Roane—James S. Boyd.
Morgan, Scott, Fentress and Overton—Reese T. Hildreth.
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.
4
Giles, Lawrence and Wayne—II. W. Hunter.
Maury, Lewis, Hickman and Dickson—Thos. McNeilly.
Davidson—John Trimble.
Robertson, Montgomery and Stewart—Judson Horn.
I^enton, 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 SlifSby—Robert G. Payne.
The Speaker called the Senate to order at 12 o'clock M.
The Throne of Grace was addressed by the Rev. Dr. Hays.
The Speaker addressed the Senate as follows:
Crentlemen of the Senate :
We have been called together in the midst of revolution, the con-
sequences of which no man can calculate; I fear no people will now
remedy; no State counteract; no Government stop. Allow me,
however, to hope that our deliberations will be characterized by
calmness, coolness and moderation, free from all partisan bias. Let
there be no crimination or recrimination, if differences of opinion
exist among us as to the mode of settlement or the manner of re-
dress. Let us determine to settle them by mutual concessions among
ourselves, showing to others that the unity we desire is first exem-
plified by our own actions, which course best becomes the represent-
atives of a free people when legislating for them in the midst of po-
litical revolution and public danger. Let us act as becomes patrfi
ots, looking not to danger, but ever having in view their rights, their
honor and justice.
I know not what questions of public policy will be presented for
our deliberation. Let us hope, however, they may be of such a
character as will tend to bring together such Southern States in
Convention as are willing to insure co-operation and concert of ac-
tion among a people having a common interest, a common right and
a common destiny. I speak, for one, and I but speak the sentiment
of Tennessee, when I say she would do anything consistent with
duty, honor and justice, to save the Government from destruction,
from ruin and civil war. It is not fear, it is not submission, but
that nobler instinct, that would have her cause just before God and
man, before she strikes down the best, fairest, the happiest form of
government ever devised by the wisdom of man.
It is true that the action of the Republican Representatives in
the Congress of the United States gives us no assurance of an ad-
justment of the difficulties surrounding the country. The rejection
of the just, fair and equitable propositions of the venerable Senator
from Kentucky, even stagger the hopes of the most conservative
men of the South. Well might he exclaim when they were rejected,
"it was the darkest day of his life."
5
Let the Southern States, then, assemble through their best, their
ablest men. Without distinction of party, they will adopt a decla-
ration by which we will all stand, to which we can all pledge our
lives, our fortunes and our sacred honor.
In Southern disunion there is destruction, defeat, and ruin, while
in co-operation and unity of action there are safety, property and
happiness.
As for Tennessee, she will never allow coercion, she will never,
while she has an arm to raise, see a free people a sovereign State
wear the chains of slavery. Freemen they are, freemen they shall
remain, is the voice of the patriotic heart of her people.
I shall make 'every effort to enforce the rules laid down by you for
your government, and hope, by your assi#ffUnce and kindness, to
make the session pleasant to us all.
The Speaker directed the Clerk to call the roll, when the follow-
ing Senators answered to their names:
Messrs. Boyd, Bradford, Bumpass, Hildreth, Horn, Hunter, John-
son, Lane, Mickley, McClellan, McNeilly, Nash, Newman, Payne,
Bichardson, Stokes, Stokely, Stovall, Trimble and Wood—20.
Absent:
Messrs. Allen, Minnis, Peters,, Stanton and Thompson—=5.
On motion of Mr. Bichardson, a message was sent to the House
of Bepresentatives, informing them that the Senate was assembled,
in accordance with the proclamation of the Governor, and ready for
the transaction of public business.-
The following message was received from the House of Bepre-
sentatives, by their Clerk, Mr. DeWolf;
Mr. Speaker:
I am directed by the House of Bepresentatives to inform the Sen-
ate that a quorum of the members of the -General Assembly in the
Lower House, met at 12 o'clock M., in accordance with the proclama-
tion of His Excellency, Governor Isham G. Harris ; also, that Fred.
S. DeWolf, First Clerk, John E. Helms, Second Clerk, and John A.
Campbell, Engrossing Clerk, were present and took their seats at
the Clerks' desk; and that the House of Bepresentatives is now
ready for business.
Mr. Bichardson offered the following resolution, (Senate Besolu-
tion, IN o. 1,):
Resolved, That a joint select committee of three on the part of
the Senate, and on the part of the House of Bepresenta-
tives, be appointed to wait upon His Excellency, Governor Harris, and
inform him that a quorum of both branches of the General Assem-
bly have convened agreeably to his proclamation, and are ready to
receive any communication he may have to make.
On motion of Mr. Bichardson, the rule was suspended, and the
resolution taken up and adopted.
6
The Speaker appointed on said committee on the part of the Sen-
ate, Messrs. Richardson, Payne and Buhipass.
On motion of Mr. Stova'l, the rules of the last session of the Gen-
eral Assembly were adopted for the government of this.
The following message was received from the House of Repre-
sentatives, by Mr. DeWolf, their Clerk:
Mr. Speaker :
The Speaker of the House of Representatives has appointed
Messrs. Martin, Farrelly, Dudley, Porter and Williams of Hickman,
as a committee on the part of the House to act in conjunction with
such committee as the Senate may appoint, to wait upon His Excel-
lency, Governor Harris, and inform him that the two Houses of the
General Assembly are now convened, and await any communication
he may have to make.
Mr. Trimble offered the following resolution, (Senate Resolution,
No. 2,):
Resolved, That five hundred copies of the Farewell Address of
the Father of his Country be printed for the use of the Senate.
On motion, the rule was suspended, and the resolution taken up
and adopted.
Mr. Richardson, from the Joint Select Committee appointed to wait
upon the Governor, reported that the duty had been discharged, and
that the Governor had intimated his intention to communicate with
the General Assembly forthwith.
A m ssage was received from His Excellency, the Governor, by
the hands of J. E. R. Ray, Secretary of State, which was read by
the Clerk, as follows :
Grentlemen of the Senate,
and House of Representatives :
The ninth section of the third article of the Constitution, pro-
vides that, on extraordinary occasions, the Governor may con-
vene the General Assembly. Believing the emergency contem-
plated, to exist at this time, I have called you together. In wel-
coming you to the capitol of the State, I can but regret the
gloomy auspices under which we meet. Grave and momentous
issues have arisen, which, to an unprecedented degree, agitate
the public mind and imperil the perpetuity ol the Government.
The systematic, wanton, and long continued agitation of the
slavery question, with the actual and threatened aggressions of
the Northern States and a portion of their people, upon the well-
defined constitutional rights of the Southern citizen ; the rapid
growth and increase, in all the elements of power, of a purely
7
sectional parly, whose bond of union is uncompromising hostility
to the rights and institutions of the fifteen Southern States, have
produced a crisis in the affairs of the country, unparalleled in the
history of the past, resulting already in the withdrawal from the
Confederacy oi one of the sovereignties which composed it, while
others are rapidly preparing to move in the same direction. Fully
appreciating the importance of the duties which devolve upon you,
fraught, as your action must be, with consequences of the highest
possible importance to the people of Tennessee ; knowing that,
as a great Commonwealth, our own beloved State is alike inter-
ested with her sisters, who have resorted, and are p^Pparing to re-
sort, to this fearful alternative, I have called you together for the
purpose of calm and dispassionate deliberation, earnestly trusting,
as the chosen representatives of a free and enlightened people,
that you will, at this critical juncture of our affairs, prove your-
selves equal to the occasion which has called for the exercise of
your talent and'patriotism.
A biief review of the history of the past is necessary to a pro-
per understanding of the issues presented for your consideration.
Previous to the adoption of the Federal Constitution, eachSt^te
was a separate and independent Government—a complete sove-
reignty within itself—and in the compact of union, each reserved
all the rights and powers incident to sovereignty, except such as
were expressly delegated by the Constitution to the General Gov-
crnment, or such as were clearly incident, and necessary, to the ex-
ercise of some expressly delegated power.
The Constitution distinctly recognises property in slaves—makes
it the duty of the States to deliver the fugitive to his owner, but
contains no grant of powrer to the Federal Government to inter-
fere with this species of property, except "the power coupled
with the-duty," common to all civil Governments, to protect the
rights of property, as well as those of life and liberty, of the citi-
zen, which clearly appears from the exposition given to that in-
strument by the Supreme Court of the United States in the case
of Dred Scott vs. Sandford. In delivering the opinion of the
Court, Chief Justice Taney said :
" Now, as we have already said in an earlier part of this opin-
ion, upon a different point, the right of property in a slave is dis-
tinctly and expressly affirmed in the Constitution.''''
" And no word can be found in the Constitution which gives Con-
gress a greater power over slave property, or which entitles pro-
perty of that kind to less protection than property of any other de-
scription. The only power conferred, is the power coupled with the
duty, of guarding and protecting the owner in his rights
This decision of the highest judicial tribunal, known to our
Government, settles the question, beyond the possibility of
doubt, that slave property rests upon the same basis, and is en-
titled to the same protection, as every other description of pro-
8
perty, that the General Government has no power to circum-
scribe or confine it within any given boundary; to determine
where it shall, or shall not exist, or in any manner to impair its
value. And certainly it will not be contended, in this enlightened
age, that any member of the Confederacy can exercise higher
powers, in this respect, beyond the limits of its own boundary,
than those delegated to the General Government.
The States entered the Union upon terms of perfect political
equality, each delegating certain powers to the General Government,
but neither delegating any power to the other to interfere with its
reserved rights or domestic affairs ; hence., there is no power on
earth which can rightfully determine whether slavery shall or shall
not exist within the limits of any State, except the people thereof
acting in their highest sovereign capacity.
The attempt of the Northern people, through the instrumentality
of the Federal Government—their State governments, and emigrant
aid societies- -to confine this species of property within the limits of
the present Southern Sates—to impair its value by constant agitation
and refusal to deliyer up the fugitive—to appropriate the whole of
the Territories, which are the common property of all the people of
all the States, to themselves; by excluding therefrom every Southern
man who is unwilling to live under a government which may by law
recognize the free negro as his equal; " and in fine, to put the
question where the Northern mind will rest in the belief of its
ultimate extinction," is justly regarded by the people of the South-
ern States as a gross and palpable violation of the spirit and obvious
meaning of the compact of Union—an impertinent intermeddling with
their domestic affairs, destructive of fraternal feeling, ordinary
comity, and well defined rights.
As slavery receded from the North, it was followed by the
most violent and fanatical opposition. At first the anti-slavery
cloud, which now overshadows the nation, was no larger than a man's
hand. Most of you can remember, with vivid distinctness, those
days of brotherhood, when throughout the whole North, the aboli-
tionist was justly regarded as an enemy of his country. Weak,
diminutive and contemptible as was this party in the purer days of
the Republic, it has now grown to colossal proportions, and its recent
rapid strides to power, have given it possession of the present House
fo Representatives, and elected one of its leaders to the Presidency
of the United States; and in the progress of events, the Senate and
Supreme Court must also soon pass into the hands of this party—
a party upon whose revolutionary banner is inscribed, "No more
slave States, no more slave Territory, no return of the fugitive to
his master"—an "irrepressible conflict" between the Free and Slave
States ; " and whether it be long or short, peaceful or bloody, the
struggle shall go on, until the sun shall not rise upon a master or set
upon a slave."
Nor is this all; it seeks to appropriate to itself, and to exclude
9
the lavehuider from the territory acquired by the common blood
and treasure of all the States.
It has, through the instrumentality of Emigrant Aid Societies,
understate patronage, flooded the Territories with its minions,armed
with Sharp's rifles,and bowie knives, seeking thus to accomplish, by
intimidation, violence and murder, what it could not do by constitu-
tional legislation.
It demanded, and from our lov^e of peace and devotion to the
Union, unfortunately extorted in 1819-'20, a concession which exclu-
ded the South from about half the territory acquired from France.
It demanded, and again received, as a peace offering in 1845, all
of that part of Texas, North of 86° 30/ North latitude, if at any
time the interest of the people thereof shall require a division of
her territory.
It would submit to nothing less than a cwnpromise in 1850, by
which it dismembered that State, and remanded a territorial condi-
tion a considerable portion of its territory South of 36 30.
It excluded, by the same Compromise, the Southern people
from California, whose mineral wealth, fertility of soil, and
salubrity of climate, is not surpassed on earth; by prema-
turely forcing her into the Union under a Constitution, con-
ceived in fraud by a set of adventurers, in the total absence of
any law authorizing the formation of a Constitution, fixing the
qualification of voters, regulating the time, place, or manner of
electing delegates, or the time or place of the meeting of such
Convention. Yet all these irregular and unauthorized proceedings
were sanctified by the fact that the Constitution prohibited slavery,
and forever closed the doors of that rich and desirable territory
against the Southern people. And while the Southern mind was still
burning under a humiliating sense of this wrong, it refused to
admit Kansas into the Union upon a Constitution, framed by
authority of Congress, and by delegates elected in conformity to
law, upon the ground that slavery was recognized and pro-
tected.
It claims the constitutional right to abolish slavery in the Dis-
trict of Columbia, the iorts, arsenals, dock-yards and other places
ceded to the United States, within the limits of slaveholding
S tates.
It proposes a prohibition of the slave trade between the States,
thereby crowding the slaves together and preventing their exit
South, until they become unprofitable to an extent that will force
the owner finally to abandon them in self-defence.
It has, by the deliberate Legislative enactment of a large ma-
jority of the Northern States, openly and flagrantly nullified that
clause of the Constitution w*hich provides that—
"No person held to service or labor in one State under the laws
thereof, escaping into another, shall, in consequence of any law
or regulation therein, be discharged from such service or labor,
10
but shall be delivered up on claim of the party to whom such ser-
vice or labor may be due."
This provision of the Constitution has been spurned and tram-
pled under foot by these "higher law" nullifiers. It is utterly
powerless for good, since all attempts to enforce the Fugitive
Slave Law under it, are made a felony in some of these States, a
high misdemeanor in others, and punishable in all by heavy fines
and imprisonment. The distempered public opinion of these local-
ities having risen above the Constitution and all other law, plant-
ing itself upon the anarchical doctrines of the 11 higher, law," with
impunity defies the Government, tramples upon our rights, and
plunders the Southern citizen.
It has. through the Govetnor of Ohio, as openly nullified that
part of the Constitution w ich provides that.—
"A person charged in any State with treason, felony or other
crime, who shall flee from justice and be found in another State,
shall, on demand of the executive authority ol the State from
which he fled, be delivered up, to be removed to the State having
jurisdiction of the crime."
In discharge ot official duty, I had occasion, within the past
year, to demand of the Governor ol Ohio, " a person charged in
the State {of Tennessee') with the crime'''' of slave stealing, who had
fled from justice and was found in the State of Ohio. The Gov-
ernor refused to issue his warrant for the arrest and delivery of
the fugitive, and in answer to a letter of inquiry which I addressed
to him, said : " The crime of negro stealing, not being known to
either the common law or the criminal code of Ohio, it is not of
t at class of crimes contemplated by the Federal Constitution,
for the commission of which I am authorized, as the executive of
Ohio, to surrender a fugitive from the justice of a sister State,
and hence I declined to issue a warrant," &c; thus deliberately
nullifying and setting at defiance the clause of the Constitution
above quoted, as well as the act of Congress of February 12th,
1793, and grossly violating the ordinary comity existing between
separate and indeepndent nations, much less the comity which
should exist between sister States of the same great Confedera-
cy, the correspondence connected with which is herewith trans-
mitted.
It has, through the executive authority of other States, denied
extradition of murderers and marauders.
It obtained its own compromise in the Constitution to continue
the importation of slaves, and now sets up a law, higher than the
Constitution, to destroy this property imported and sold to us by
their fathers.
It has caused the murder of owners in pursuit of their fugitive
slaves, and shielded the murderers from punishment.
It has, upon many occasions, sent its emissaries into the South-
11
ern States to corrupt our slaves ; induce them to run off, or excite
them to insurrection.
It has ran off slave property by means of the "under-ground
railroad," amounting in value to millions of dollars, and thus made
the tenure by which slaves are held in the border States so preca-
rious as to materially impair their value.
It has, by its John Brown and Montgomery raids, invaded sov-
ereign States and murdered peaceable citizens.
It has justified and -'exalted to the highest honors of admira-
tion, the horrid murders, arsons, and rapine of the John Brown
raid, and has canonized the felons as saints and martyrs."
It has burned the towns, poisoned the cattle, and conspired with
the slaves to depopulate Northern Texas.
■ It has, through certain leaders, proclaimed to the slaves the ter-
rible motto, " Alarm to the sleep, fire to the dwellings, poison to
the food and Avater of slaveholders."
It has repudiated and denounced the decision of the Supreme
Court.
It has assailed our rights as guarantied by the plainest provis-
ions of the Constitution, from the floor of each house of Congress,
the pulpit, the hustings the school room, their State Legislatures,
and through the public press, dividing and disrupting churches,
political parties, and civil governments.
It has, i the person of the President elect, asserted the equality
of the black Avith the ivhite race,
These are some of the wrongs against which Ave have remon-
strated for more than a quarter ol a century, hoping, but in vain,
for their redress, until some of our sister States, in utter despair
of obtaining justice at the hands of these lawless confederates,
have resolved to sever the ties which have bound them together,,
and maintain those rights out of the Union, which have been the
object of constant attack and encroachment within it.
No one will assert that the Southern States or people have, at
any time, failed to perform, fully and in good faith, all of the du-
ties which the Constitution devolves upon them.
Nor will it be pretended that they have, at any time, encroached
or attempted aggression upon the rights of a Northern sister
State. The Government Ava.s for many years under the control
of Southern Statesmen, but in originating and perfecting meas-
ures of policy, be it said to the perpetual honor of the South, she
has never attempted to encroach upon a single constitutional right
of the North. The journals of Congress will not show even the
introduction of a single proposition, by any Southern Representa-
tive, calculated to impair her rights in property, injure her trade,
or wound her sensibilities. Nor have they at any time demanded
at the hands of the Federal Government, or Northern States,
more than their well defined rights under the Constitution. So *
12
far from if, they have tolerated these wrongs, from a feeling of
loyalty and devotion to the Union, with a degree of patience and
forbearance unparalelled in the history of a brave and free people.
Moreover, they have quietly submitted to a revenue system which
indirectly, but certainly, taxes the products ol slave labor some
fifty or sixty millions of dollars annually, to increase the manu-
facturing profits of those who have thus persistently and wickedly
assailed them.
To evade the issue thus forced upon us at this time, without the
fullest security for our rights, is, in my opinion, fatal to the insti-
tution of slavery forever. The time has arrived when the people
of the South must prepare either to abandon or to fortify and
maintain it. Abandon it, we cannot, interwoven as it is with our
wealth, prosperity and domestic happiness. We owe it to the
mechanic whose shop is closed, to the multiplied thousands of
laborers thrown out of employment, to the trader made bankrupt
by this agitation. We owe it to ourselves, our children, our self-
respect and equality in the Government, to have this question
settled permanently and forever upon terms consistent with jus-
tice and honor, and which will give us peace and perfect security
for the present and the future.
Palliatives and opiates, in the character or legislative compro-
mises, may be applied, affording momentary lief; but there will
be no permanent safety, security, or peace, u. I Northern preju-
dice has been eradicated, and the public sentinu .it of that section
radically changed and nationalized. To attempt the application
-of effective remedies before this great object has been accom-
plished, is like cleansing the stream while the fountain itself is
poisoned.
The consequences and immense interests which are involved in
the proper solution of the difficulties that surround us, the deep,
lasting and vital importance of settling them upon principles of
justice and equality, demand the most serious consideration of
..the whole people. a3 well as that of the public functionaries of
the State. Whilst I cheerfully submit to your discretion the whole
question of our federal relations, having no doubt myself as
to the necessity and propriety of calling a State Convention, yet
,.I respectfully recommend that you provide by law for submitting
to t-.e people of the State, the question of Convention, or No Con-
vent i on,x and also for the election of delegates by the people, in
the ratio of legislative representation, to meet in State Conven-
tion, at the Capitol, at Nashville, at the earliest day practicable?
.to take into consideration our federal relations, and determine
what action shall be. taken by the State of Tennessee for the
security of the rights and the peace of her citizens.
The question of Convention or No Convention, can and should
' be determined and the delegates chosen at the same election,
cw.hich can, be very easily accomplished by heading one set of tick-
13
ets Convention, and another set No Convention. If a majority of
the people vote for Convention, then the peisons receiving-the
largest number oi voles in their respective counties and districts,
to be commissioned as delegates.
This will place the whole matter in the hands of the people,
for them, in their sovereignly, to determine how far their rights
have been violated, the character of redress or guaranty they will
demand, or the action they will take for their present and luture
security.
If there be a remedy for the evils which afflict the country,
consistent with the perpetuity of the Union, it will, in my opin-
ion, be found in such constitutional amendments as will deprive
the fanatical majorities of the North of the power to invade our
lights or impair the securily or value of our property.
Clear and well defined as our rights are, under the present
Constitution, to participate equally with the citizens of all other
States in the settlement of the common Territories, and to hold
our slaves there until excluded by the formation of a Stare Con-
stitution, yet every organized Territory will become a field of
angry, if not bloody, strife between the Southern man and the
Abolitionist, and we shall see the tragedies of Kansas re-enacted
in each of them, as they approach the period of forming their
State Constitutions.
Plain and unmistakable as is the duty of each State, to deliver
up the fugitive slave to his owner, yet the attempt to reclaim, is
at the peril of the master's life.
These evils can be obviated to a great extent, if not entirely,
by the following amendments to the Constitution :
1st. Establish a line upon the Northern boundary of the pres-
ent Slave States, and extend it through the Territories to the
Pacific Ocean, upon such parallel of latitude as will divide them
equitably betwt en the North and South, expressly providing that
all the territory now owned, or that may be hereafter acquired
North of that line, shall be forever free, and all South of it,
forever slave. This will remove the question of existence or non-
existence of slavery in our States and Territories entirely and for-
ever from the arena of politics. The question being settled by the
Constitution, is no longer open for the politician to ride into position
by appealing to fanatical prejudices, or assailing the rights of his
neighbors.
2d. In addition to the fugitive slave clause provide, that
when a slave has been demanded of the Executive authority of
the State to which he has fled, if he is not delivered, and the
owner permitted to carry him out of the State in peace, that the
State so failing to deliver, shall pay to the owner double the value
of such slave, and secure his right of action in the Supreme Court
of the United States. This will secure the return of the slave to
14
his owner, or his value, with a sufficient sum to indemnify him for
the expenses necessarily incident to the recovery.
3d. Provide for the protection of the owner in the peaceable
possession of his slave while in transitu, or temporarily sojourn-
ing in any of the States of the Confederacy ; and in the event of
the slave's escape or being taken from the owner, require the State
to return, or account for him as in case of the fugitive.
4th. Expressly prohibit Congress from abolishing slavery in the
District of Columbia, in any dock yard, navy yard, arsenal, or
district of any character whatever, within the limits of any slave
State.
5th. That these provisions shall never be changed, except by
the consent of all the slave States.
With these amendments to the Constitution, I should feel that
our rights were reasonably secure, not only in theory, but in fact,
and should indulge the hope of living in the Union in peace.
Without these, or some other amendments, which promise an
equal amount and certainty of security, there is no hope of peace
or security in the government.
If the non-slaveholding States refuse to comply with a demand, so
just and reasonable ; refuse to abandon at once and forever their
unjust war upon us, our institutions and our rights; refuse, as they
have heretofore done, to perform, in good faith, the obligations of
the compact of union, much as we may appreciate the power,
prosperity, greatness, and glory of this government; deeply as
we deplore the existence of causes which have already driven one
State from the Union ; much as we may regret the imperative
necessity which they have wantonly and wickedly forced upon us,
every consideration of self preservation and self-respect require
that we should assert and maintain our "equality in the Union,
or independence out of it."
In my opinion, the only mode left us of perpetuating the Union
upon the principles of justice and equality, upon which it was ori-
ginally established, is by the Southern States, identified as they
are, in interest, sentiment and feeling, and must, in the natural
course of events, share a common destiny, uniting in the expres-
sion of a fixed and unalterable resolve, that the rights guaranteed
by the Constitution must be respected, and fully and perfectly
secured in the present Government, or asserted and maintained in
a homogenous Confederacy of Southern States.
Mere questions of policy may be very often properly compro-
mised, but there can be no compromise of cardinal and vital prin-
ciples; no compromise between right and wrong. Principle mu4 be
vindicated, and right triumphant, be the consequences what they
may. To compromise the one, or abandon the other, is not only
unmanly and humiliating in the extreme, but always disastrous in
its final results.
15
The South ha9 no power tore-unite the scattered fragments of a
violated Constitution and a once glorious government. She is
acting on the defensive. She has been driven to the wall, and
can submit to no further aggression. The North, however, can
restore the Constitutional Union of our fathers, by undoing their
work of alienation and hate, engendered by thirty years of con-
stant aggression, and by unlearning the lessons of malignant hos-
tility to the South and her institutions, with which their press,
pulpit and schools have persistently infected the public mind.
Let them do this, and peace will again establish her court in
the midst of this once happy country, and the union of these
States be restored to that spirit of fraternity^ equality and justice,
which gave it birth.
Let them do this, and the vitality which has been crushed out
of the Constitution may be restored, giving renewed strength and
vigor to the body politic.
Hut can we hope for such results? Two months have already
passed, since the development of facts which make the perpetuity
of the Union depend, alone, upon their giving to the South satis-
factory guarantees for her chartered rights. Yet, there has been
no proposition at all satisfactory, made by any member of
the dominant and aggressive party of that section. So far from
it, their Senators and Representatives in Congress, have voted down
and spurned every proposition that looked to the accomplishment of
this object, no matter whence emanating; and the fact, that their
constituents have, in no authoritative manner, issued words of
rebuke or warning to them, must be taken as conclusive proof of
their acquiescence in the policy.
In view of these facts, I cannot close my eyes to the conclusion,
that Tennessee will be powerless in any efforts she may make to
quell the storm that pervades the country. The work of
alienation and disruption has gone so far, that it will be extremely
difficult, if not impossible, to arrest it; and before your adjourn-
ment, in all human probability, the only practical question for the
State to determine, will be whether she will unite her fortunes with
a Northern or Southern Confederacy; upon which question, when
presented, I am certain there can be little or no division in senti-
ment, identified as we are in every respect with the South.
If this calamity shall befall the country, the South will have the
consolation of knowing that she is in no manner responsible for
the disaster. The responsibility rests alone upon the Northern
people, who have wilfully broken the bond of Union, repudiated
the obligations and duties which it imposes, and only cling to its
benefits. Yet even in this dark hour of responsibility and peril
let no man countenance the idea for a moment, that ths dissolu-
tion of the Federal Union reduces the country to anarchy, or
proves the theory of self-government to be a failure. Such con-
elusions would be not only erroneous but unworthy of ourselves
16
and our revolutionary ancestry while our State governments exist
possessing all the machinery, perfect and complete, which is ne-
cessary to the purposes of civil government, just as they existed
before the Union was formed.
The sages and patriots of the revolution, when in the act of
severing their connection with the mother country, and establishing
the great cardinal principles of free government, solemnly declared
that governments were instituted among men to secure their rights
" to life, liberty, and the pursuit of happiness ; " deriving their just
powers from the consent of the governed ; that whenever any form
of government becomes destructive of these ends, it is the right
of the people to alter or abolish it, and to institute new govern-
ment, laying its foundations on such principles, and organizing its
powers in such form, as to them shall seem most likely to effect
their safety and happiness. * * * * But when
a long train of abuses and usurpations, pursuing invariably the
same object, evinces a design to reduce them under absolute des-
potism, it is their right, it is their duty, to throw off such govern-
ment, and to provide new guards for their future security."
Recognising these great principles, the people of Tennessee
incorporated in their declaration of rights, as a fundamental, ar-
ticle of the Constitution of the State, " That government being
instituted for the common benefit, the doctrine of non-resistance
against arbitrary power and oppression is absurd, slavish, and de-
structive of the good and happiness of mankind."
Whatever line of policy may be adopted by the people of Ten-
nessee, with regard to the present Federal relations of the State,
I am sure that the swords of her brave and gallant sons'will
never be drawn for the purpose of coercing, subjugating, or hold-
ing as a conquered province, any one of her sister States, whose
people may declare their independence of the Federal Govern-
ment, for the purpose of being relieved from "a long train of
abuses and usurpations." To admit the right or policy of coer-
cion, would be untrue to the example of our fathers and the glo-
rious memories of the past, destructive of those great and funda-
mental principles of civil liberty, purchased with their blood; de-
structive of State sovereignty and equality ; tending to centrali-
zation, and thus subject the rights of the minority to the despot-
ism of an unrestrained majority.
Widely as we may differ with some of our sister Southern
States as to the wisdom of their policy; desirous - s we may be
that whatever action taken in this emergency, shou.d be taken by
the South as a unit; hopeful as we may be of finding some mer-
edy for our grievances consistent with the perpetuity of the pres-
ent Confederacy, the question, at last, is one which each member
of that Confederacy must determine for itself, and any attempt
upon the part of the others to hold, by means of a military force,
an unwilling sovereignty as a member of a common Union, must
17
inevitably lead to the worst form of internecine war, and if sue-
cessful, result in the establishment of a new and totally different
Government from the one established by the Constitution—the
Constitutional Union being a Union of consent and not of force,
of peace, and not of blood—composed of sovereignties, free, and
politically equal. But the new and coercive Government, while
it would " derive its powers" to govern a portion of the States
"from the consent of the governedwould derive the power by
which it governed the remainder, from the cannon and the sword,
and not from their consent—a Union, not of equals, but of the
victors and the vanquished, pinned together by the bayonet and
congealed in blood.
I devoutly trust that a merciful Providence may avert such a
calamity, and believe that there is no respectable portion of our
people, whatever may.be their differences of opinion upon other
questions, who are so blind to reason, or so lost to patriotism and
every sentiment of civil liberty, as to give countenance to a pol-
icy so fatal in its results, and so revolting to every sentiment of
humanity.
While I sincerely trust that Tennessee may never be driven to
the desperate alternative of appealing to arms in defence of the
rights of her people, I nevertheless deem it proper, in view of the
present excited state of the public mind and unsettled condition
of the country, to call your attention to the fact that, with the ex-
ception of a small number of volunteer companies, we have no
military organization in the State, the militia having disorganized
immediately after the repeal of the law. which required drills and
public parades. Independent of the impending crisis, I regard a
thorough re-organization of the militia as imperatively demanded
by every consideration of prudence and safety. I therefore sub-
mil the question to your consideration, with the earnest hope that
you will adopt such plan of organization as will secure to the
State at all times, and under all circumstances, an efficient and
reliable military force.
I am unable, in the absence of full reports from the clerks of
the several counties, to inform you as to the military strength of
the State. Such reports as have been made to this department
shall be laid before you. I do not doubt, however, that the rnili-
tary strength of the State may be safely estimated at one hundred
and twenty thousand men.'
It is proper, in this connection, that I call your attention to the
report of John Heriges, Keeper of Public Arms, herewith trans-
mitted, showing the number, character and condition of the pub-
lie arms of the State, and respectfully recommend that you pro-
vide for the purchase of such number and character of arms, for
the use of the State, as may be necessary 10 thoroughly arm an
efficient military force.
I regret that I cannot close this communication with the forego-
2 s
18
ing recital of facts pertaining to the all-important political crisis
of the day.
But a comparative failure of crops for two successive years,
with the destruction of commercial confidence, resulting in the
suspension of commercial transactions, general stagnation of
trade and financial embarrassment which pervade the whole
country, with its ever attendant evil of general pecuniary distress
at the beginning of which many of the banks in the State sus-
pended specie payment, thereby incurring the penalties prescribed
by the banking code of the last session.
It is asserted, and 1 suppose truly, that the condition of the
banks was such as not to make suspension necessary on their own
account; that by the adoption of a purely selfish policy, they
could have weathered the storm and sustained themselves, but to
have done so they must have cut off all discounts and enforced
the collection of their debts from the people, which would have
increased the general distress. It is also urged with great ear-
nestness, by a very large number of the people, that you should
pass laws for relief, and in order to enable the banks to
afford the greatest possible assistance to the people until another
crop can be made, that the penalties incurred by the suspension
of the banks should be released.
While I am confident in the opinion that the suspension of
specie payment by the banks is wrong in principle and tends to
depreciate the currency and unsettle the standard of value, I am
equally confident that the policy of relief laws, to which this gen-
eral pecuniary distress has driven the public mind, is, to say the
least of it, of doubtful policy, and generally injurious in their
ultimate effects upon the community. The idea of freeing a
people from pecuniary distress by legislation is, to my mind, an
impossibility. Yet so universal is the anxiety expressed, and so
confident the hope of relief from the adoption of the policy sug-
gested, that while I cannot concur in the truth of the argument, or
recommend the adoption of the policy, I do not feel at liberty ob-
stinately to stand between the people of the State and their chosen
Representatives to prevent the adoption of such legislation con-
nected with these questions as they may think will promote their
interest and general welfare.
I therefore submit to your consideration these^questions for such
action as you in your discretion may see proper to take with re-
gard to them.
I am aware that there are many questions of a general charac-
ter with regard to which the constituents of many of you desire
legislation, but having convened you in extraordinary session,
upon what I conceived to be an extraordinary occasion in the his-
tory of the country, and feeling the necessity of prompt and imme-
diate action upon the absorbing questions connected with the
political crisis of the day, I have intentionally avoided submitting
19
any others than those to which I have especially called atten-
tion, trusting that no material interest will suffer by being
postponed until the next regular session of the General Assembly.
With the earnest hope that your session may be short and
agreeable, and devoutly trusting that an All Wise Providence
may watch over your deliberations and guide and direct you in
the adoption of such measures as will redound to the general wel-
fare, peace, prosperity, and glory of our State and country, the
questions, fraught as they are with weighty responsibilities and
fearfully important consequences, are respectfully committed to
your hands.
ISHAM G. HARRIS.
The following is the Correspondence between the Governors of Ten-
nessee and Ohio, alluded to by Gov. Harris, in his Message :
gov. harris to gov. dennison.
Executive Department,
Nashville, Tenn., May 26, 1860.
His Excellency, W. Deninson,
Governor of the State of Ohio:
Sir: There was issued from this Department on the 17th inst.,
a requisition demanding of your Excellency, as fugitives from jus-
tice from this State Stephen G. Kennedy and Mary Ann C. Hatch,.
alias Mary Ann C. Calhoun, charged with the crime of negro-
stealing, which is a felony under the statute laws of Tennessee.
I am informed by James H. Swan, the agent appointed by me
to receive the fugitives, that your Excellency refused to cause said
fugitives to be arrested and delivered to him.
Upon\ examination of the record in this Department, I am una-
bl e to iscover any defect in the requisition, and deem it due to
the aggrieved party, who is a citizen of this State, to ask your
Excellency to point out such defect as in your opinion vitiates the
requisition, so that in future I may understand the practice of the
State of Ohio under the Act of Congress of February 12th, 1793,
respecting the surrender of fugitives from justice.
Very respectfully,
ISHAM G. HARRIS.
20
gov. dennison to gov. harris.
State of Ohio, Executive Department,
Columbus, June 2, 1860.
His Excellency, Is ham G. Harris,
Governor of the State of Tennessee :
Sir : I have the honor to acknowledge the receipt of your letter
of the 26th ultimo.
In reply, I beg to say that the crime of negro stealing, not being
known to either the Common Law or the Criminal Code of this
State, is not of that class of crimes contemplated by the Federal
Constitution, for the commission of which, I am authorized, as the
Executive of this State, to surrender a fugitive from the justice of
a sister State; and hence I declined to issue a warrant upon the
requisition of your Excellency for the extradition of Stephen G.
Kennedy and Mary Ann Hatch, alias Mary Ann C. Calhoun,
charged with that offence, which you advise is a felony under the
statute laws of Tennessee.
Upon the second requisition for the same parties, charged with
the crime of Grand Larceny, in having stolen certain jewelry, I
had the pleasure of issuing a warrant on Thursday last.
"Very respectfully, yours, &c.,
W. DENNISON.
gov. harris to gov. dennison.
Executive Department,
Nashville, Tennessee, June 12th, 1860.
His Excellency, W. Dennison,
Governor of the State of Ohio :
Sir: I have the honor to acknowledge the receipt of your Excel-
lency's communication of the 2d inst., in answer to which 1 must
be permitted to express my profound astonishment, as well as my
sincere regret, that the principles announced by it, should have
been adopted and avowed by the Executive of a sister State, who,
from his elevated and responsible position, is supposed to reflect,
mot merely the sentiments of an individual, but the calm and dis-
[passionate judgment of a great Commonwealth.
Your Excellency says : " the crime of negro stealing not being
21
known to either the Common Law or Criminal Code of this State,
Ohio) it is not of that class of crimes contemplated by the Federal
Constitution, for the commission of which, I am authorised, as the
Executive of this State, to surrender a fugitive from the justice of
a sister State; and hence I declined to issue a warrant upon the
requisition of your Excellency for the extradition of Stephen G.
Kennedy and Mary Ann C. Hatch, alias, Mary Ann C. Calhoun,
charged with that offence."
The principle asserted by your Excellency in the above para-
graph is, that as the offence with which the fugitives are charged
is not a crime under the laws of Ohio, the duty of surrendering
them upon the demand of the Executive of Tennessee does not
devolve upon you as the Executive of Ohio, however highly crim-
inal the offence may be under the laws of Tennessee, where it
was committed.
Ypur Excellency must permit me to say, that this decision effec-
tually nullifies the second clause of the second section of the fourth
article of the Federal Constitution, as well as the act of Congress
of February 12th, 1793. The clause of the Constitution referred
to, provides that: " A person charged in any State with treason,
felony, or other crime, who shall flee from justice, and be found
in another State, shall, on demand of the Executive authority of
the State from which he fled, be delivered up, to be removed to
the State having jurisdiction of the crime." And the act of Con-
gress passed for the express purpose of carrying into effect this
provision of the Constitution, provides : " That whenever the Ex-
ecutive authority of any State in the Union, or either of the Ter-
ritories," * # # # "shall demand any person as
a fugitive from justice of the Executive authority of any such
State or Territory to which such person shall have fled, and shall
moreover produce the copy of an indictment found, or an affidavit
made before a magistrate of any State or Territory as aforesaid,
charging the person so demanded with having committed treason,
felony or ofeher crime, certified as authentic by the Governor or
Chief Magistrate of the State or Territory from which the person
shall have fled, it shall be the duty of the Executive authority of
the State or Territory to which such person shall have fled, to
cause him or her to be arrested and secured, and notice of the
arrest to be given to the Executive authority making the demand,
or to the agent of such authority appointed to receive the fugitive,
and Jcause the fugitive to be delivered up to such agent when he
shall ppear."
From the above extracts, does it not appear too clearly to admit
of argument, doubts or cavil, that the constitutional duty of " deliv-
ering up" a fugitive, must depend alone upon the criminality of the
offence charged under the laws of the State where it was commit-
ted? In my judgment, it is impossible for an unprejudiced mind,
to arrive at a different conclusion.
22
Kennedy and Hatch were "charged with crime," (the crime of
negro stealing) "in the State" of Tennessee, by " an affidavit
made before a magistrate of that State," which wras certified as
authentic by the Governor of the State. " They fled from justice,"
" and wTere found in another State," (the State of Ohio.) They
were "demanded by the Executive authority of the State from
which they fled," and the agent appointed by the Executive of
Tennessee to receive the fugitives appeared at the Capitol of
Ohio for that purpose.
But instead of obeying the plain letter and spirit of the Consti-
tution and the act of Congress referred to, " by delivering them
to be removed to the State (of Tennessee) having jurisdiction of
the crime," your Excellency refuses to do so upon the ground that
negro stealing, not being a crime under the laws of your State,
you assume that it cannot or shall not be a crime in any other
State, or at all events, you will not recognize it as such, as in your
opinion "it is not of that class of crime contemplated by the
Federal Constitution, for the commission of which you are author-
ized to surrender a fugitive."
1 cannot imagine the authority upon which your Excellency
undertakes to distinguish between classes of crime, or determine
upon any class of crime which is not "contemplated by the Con-
stitution," since neither the Constitution nor the act of Congress
for the rendition of fugitives from justice make any such distinc-
tion, nor do they undertake to determine w7hat shall constitute
crime; the language employed in the Constitution being: " A per-
son charged in any State with treason, felony, or other crime," &c.,
was most clearly intended to, and does apply to every description
of crime, and was adopted for no other purpose than that of secu-
ring a remedy, plain, full and adequate to all the States of the
confederacy, by which they might recapture such fugitives as had
violated their respective criminal laws. Hence, every act that is
criminal under the laws of the State where it is committed, is
clearly "of that class of crime contemplated by the Federal Con-
stitution."
Your Excellency will not, I am sure, controvert the fact that
each of the sovereign States of this Union has the right to deter-
mine for itself what shall and what shall not be criminal within
the limits of its jurisdiction.
In the exercise of this right, Tennessee has, by statute, made
-negro stealing a high crime, while Ohio, in the exercise of the
same right, has seen proper to regard the act of stealing a negro
within the limits of her jurisdiction, as perfectly innocent; yet,'
neither has the right, directly or indirectly, to interfere with the
local policy of the other, and the fact that negro-stealing is not a
crime under the,laws of Ohio, certainly confers upon the authorities
of that State no power or right to prevent its being made a crime
in other states and punished as such. The practical effect of the
23
decision of your Excellency in this cape must be, if adhered to,
to make the State of Ohio a " city of refuge" for the negro thieves
of fifteen of her sister States, where they may, with impunity,
defy the violated law and offended justice of those States, and
riot in security upon the proceeds of the sales of the negroes
which they hove stolen.
Are the people of Ohio ready to assume a position so Unjust,
so lawless and antagonistic to the rights and interests of other
States—a position that can only be maintained by nullifying and
totally disregarding the plainest provisions of the Constitution,
while we cannot even avail ourselves of the poor privilege of
resorting to the law of retaliation, because that Constitution
which your Excellency and myself have each solemnly sworn we
would support, makes it my duty when your Excellency shall
demand " a person charged with crime in Ohio, who shall have
fled to Tennessee, to deliver him up," and the duty shall be
promptly, fully and in good faith performed, so long as I hold the
position which devolves it upon me ?
I have thus briefly alluded to some of the arguments which lie
upon the surface of this question, and which are too plain not to
be comprehended at a glance, with the hope that your Excellency
may be induced to reconsider and revise your decision ; for if the
policy declared by your Excellency is to be persisted in by those
States where the institution of slavery does not exist, your Excel-
lency cannot be insensible to the fact that it must tend rapidly to
sever the ties of fraternal feeling which should bind us together as
a people, destroy the harmony of our Federal Union, and precip-
itate a state of affairs which every christian and patriot should
deplore.
It is impossible to conceal the fact that, already much has been
done, calculated to produce alienation and distrust. Day by day
confidence is lessening in the power of mere constitutional guar-
antees to protect the rights of the citizen, or the States, because
one by one of the guarantees of the Constitution have been shaken
or totally disregarded, until it has become the imperative duty of
every patriot to rebuke rather than pander to the dangerous fanat-
icism of the times.
I have the honor to be, very respectfully, yours, &c.,
IS HAM G. HARRIS.
24
REPORT OF THE KEEPER OF THE PUBLIC ARMS, OF
TENNESSEE.
State Arsenal,
Nashville, January*4, 1861.
His Excellency, Isiiam G. Harris,
Governor of Tennessee:
Sir: In obedience to your order I have the honor of submitting
the following report of the number, character and condition of
the public arms of the State.
There are now on hand in the Arsenal—
4152 Flint-lock muskets in good order.
2100 " " partially damaged.
2228 " " badly damaged.
185 Percussion " in good order.
96 " rifles in good order.
54 " pistols in good order.
350 Hall's carbines, flint lock, badly damaged.
20 cavalry sabres, with damaged scabbards.
132 *' " old patterns, badly damaged.
50 horse artillery sabres, in good order.
1 iwelve-pound bronze gun, partially damaged.
2 six pound bronze guns, in good order.
1 six-pound iron gun, unserviceable.
And a large lot of old accoutrements mostly in bad order.
Since having charge of the arms I have issued to volunteer
companies, as per orders—
80 flint lock muskets.
664 percussioned muskets.
230 rifle muskets, Cadet.
841 percussion rifles.
228 " pistols.
170 cavalry sabres.
50 horse artillery sabres.
The above arms were issued with the necessary accoutrements,
wdth but small exceptions, and of them the eighty flint-lock muskets,
fifty horse artillery sabres, and fourteen cavalry sabres, have been
returned to the arsenal.
Respectfully,
JOHN HERIGES,
Keeper of Public Arms.
25
On motion of Mr. Payne, five thousand copies of the message,
with accompanying documents, 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.
TUESDAY, JANUARY 8, 1861.
The Senate met pursuant to adjournment.
Prayer by the Rev. J. S. Hayes.
The Journal of yesterday was read and approved.
George B. Peters,, Senator from the counties of Hardin, Mc-
Nairy and Hardeman, appeared and took his seat.
Mr. Payne gave notice that he would introduce a bill providing
for the calling of a State Convention.
Mr. Stokes moved as a testimonial of respect to this day, (it
being the anniversary of the battle of New Orleans,) that the
Senate stand adjourned until to-morrow morning 10 o'clock, which
motion prevailed, and the Senate adjourned.
WEDNESDAY, JANUARY 9, 1861.
The Senate met pursuant to adjournment.
Prayer by the Rev. J. c?. Playes.
The Journal of yesterday was read and approved.
Mr. Payne introduced Senate Bill, No. 1, providing for a Con-
vention of the people of Tennessee; passed first reading.
The following message was received from the House of Repre-
sentat.ves, by Mr. Campbell, their clerk:
Mr. Speaker :
The House of Representatives has adopted House Resolution,
No. 1, raising a committee of nine, consisting of Messrs. Barks-
26
dale, Gantt, Vaughn, Lea, Williams of Hickman, Bicknell, East,
Porter and Pickett, to act with such committee as may be ap-
pointed by the Senate, to take into consideration that portion of
the Governor's message in relation to the political condition of
the country, and ordered an engrossed copy of the same to be
immediately transmitted, which is herewith done.
The House of Representatives has adopted House Resolution,
No. 2, raising a committee of one member of the House of Rep-
resentatives from each Congressional district, consisting of Messrs.
Martin, Trewhitt, Johnson, Jones, Smith, Wisener, Baker of Perry,
Shrewsbury and Guy, to act in conjunction with such number as
the Senate may appoint, to take into consideration that portion
of the Governor's message relating to the pecuniary distress of
the people, and an engrossed copy of the same is herewith imme-
diately transmitted to the Senate as directed by the House.
The House of Representatives has adopted House Resolution,
No. 3, raising a committee of five, consisting of Messrs. Brazel-
ton, Farrelly, Cheatham, Davis and Harris, to act with such com-
mittee as the Senate may appoint, to consider such part of the
Governor's message as refers to military affairs, and an engrossed
copy of the same is herewith transmitted to the Senate as directed
by the House.
RESOLUTIONS.
Mr. Wood offered the following resolution, (Senate Resolution,
No. 3):
Resolved, That the Speaker of the Senate appoint a Special
Committee of five to prepare and report a bill for the relief of
the people, and to consider and report upon such propositions as
may be referred to them ;
The resolution lies over under the rule.
Mr. Payne offered the following resolutions, (Senate Resolution,
No. 4):
We, the members of the General Assembly of the State of Ten-
nessee, hold with the framers of the Declaration of Independence,
that Governments, instituted among men "derive their just povv-
ers from the consent of the governed."
We hold with the framers of the Tennessee Declaration of
Rights, " That all power is inherent in the people, and all free
governments are founded on their authority, and instituted for
their peace, safety and happiness ; for the advancement of these
ends, they have, at all times, an unalienable and indefeasible
right to alter, reform, or abolish the government, in such manner
as they may think proper. That government being instituted for
the common benefit, the doctrine of non-resistance against arbi-
trary power and oppression, is absurd, slavish and destructive of
the good and happiness of mankind."
We hold with Edward Everett, that " the suggestion that the
27
Union can be maintained by the numerical preponderance and
military prowess of one section, exerted to coerce the other into
submission, is as self-contradictory as it is dangerous. It comes
loaded with the death smell from fields wet with brothers'blood
Therefore—
1. Resolved, That when the Convention and people of Tennes-
see proclaimed in their Declaration of Rights, and inserted in the
first section of the first article of the State Constitution, that " the
people'' have " an unalienable and indefeasible right to alter, re-
form or abolish the government in such manner as they may think
proper " " for the advancement of their peace, safety and happi-
ness," they meant the people of Tennessee.
2. Resolved, That the people of Tennessee, and the people of
Tennessee alone, have the right to determine when the govern-
ment under which they live, Federal or State, becomes "destruc-
tive of their lives, liberty and the pursuit of happiness."
3. Resolved, That as citizens of Tennessee we claim neither
further nor greater rights for her people than we cheerfully con-
cede to the people of each and every other State in the Federal
Union.
4. Resolved, That the policy of subjugating or coercing, by
Federal authority, the people of a State who have solemnly dis-
solved their connection with the Union, is abhorrent to humanity,
the doctrine of States' Rights, and to the principles of civil lib-
erty—a policy which, if carried into practice, would lead to the
enthronement of despotism and the enslavement of freemen.
5. Resolved, That looking upon civil war as a national evil,
compared to which all others sink into insignificance, we hereby
instruct our Senators, and earnestly request our representatives
in Congress, to oppose every measure that may tend to bring
about such a result, and to insist upon the adoption of such meas-
ures of Federal policy as will prevent a hostile collision between
the forces of any of the State Governments, and those acting un-
der Federal authority.
6. Resolved, That in the sectional struggle brought on by the
anti-slavery sentiment of the North, the heart, the voice, the arm
of Tennessee—all ought to, and will be with the South.
7. Resolved, That as the last hope of adjusting existing diffi-
culties and restoring the shattered fragments of the Union, con-
sists in preventing a hostile collision betwixt Federal and State
authorities, we feel it to be due to the sovereignty of the States,
and the cause of civil and constitutional liberty, to declare that
under no circumstances would the people of Tennessee permit a
hostile force under Federal authority to pass over her domain for
the purpose of making war upon the people of any other State.
The resolutions lie over under the rule.
Mr, Richardson offered the following resolution, (Senate Reso-
ution, No. 5):
28
Whereas, The agitation of the slavery question in various
States of the Union has produced a, state of affairs which has
greatly disturbed the peace and prosperity of the country, and
threatens the very existence of the Union itself;
And as there seems to be no other certain remedy for the evils
which surround us ; therefore, with a view to a permanent adjust-
ment of all the questions connected with this subject,
Be it resolved by the Gbeneral Assembly of the Slate of Tennessee,
That the Congress of the United States, now in session, be, and
they are hereby recommended to call a Convention of ail the
States, in order that they may agree upon and recommend to the
people such constitutional guarantees as may be necessary to pre-
serve the equality and rights of all the States, and perpetuate the
Union.
Be it also resolved, That a copy of this resolution be sent to the
Congress of the United States now in session—-and that copies
be also sent to each of the Governors of the several States, with
a request that the foregoing resolution may be presented to, and
adopted by, the Legislatures of their respective States, at the
earliest practicable period.
The resolutions lie over under the rule.
Mr. Payne moved to take up the House message ; which was
agreed to.
House Resolution, No. 1, to raise a Joint Select Committee on
that portion of the Governor's message which relates to the politi-
cal condition of the country, was taken up, and,
On motion of Mr. Payne, was so amended, as to provide for
the appointment of five members 011 the part of the Senate to
act on said committee.
The resolution, as amended, was concurred in by the Senate.
House Resolution, No. 2, to raise a Joint Select Committee to
whom shall be referred that portion of the Governor's message,
which relates to the pecuniary distresses of the people, was taken
up, and,
On motion of Mr. Stovall, was so amended as to provide for
the appointment of six members on the part of the Senate, to act
on said committee.
The resolution, as amended, was concurred in by the Senate.
House Resolution, No. 3, to raise a Joint Select Committee to
consider such portion of the Governor's Message as refers to the
military laws, was taken up, and,
On motion of Mr. McClellan, was so amended as to provide for
the appointment, on the part of the Senate, of four members to
act on said committee.
The resolution, as amended, was concurred in by the Senate.
A message was received from the House of Representatives, by
their Clerk, Mr. Campbell, as follows:
29
Mr. Speaker :
I am directed by the House of Representatives to immediately
transmit to the Senate the commissions of the Hon. L. P. Walker,
of the State of Alabama, and Gen. T. J. Wharton, of the State
of Mississippi, who visit Tennessee as Commissioners representing
their respective States, for political purposes.
The House of Representatives has adopted House Resolution,
No. 12, directing the State Treasurer to pay the members and
officers their per diem and mileage as it becomes due.
Also, House Resolution, No. 11, proposing that the members of
the Senate and House of Representatives meet in the Hall of the
latter, to hear such communications and addresses as the Hon L.
P. Walker and Gen. T. J. Wharton, Commissioners of the States
of Alabama and Mississippi, may desire to make, at such time as
said Commissioners may indicate.
Engrossed copies of said resolutions are herewith transmitted
to the Senate, as ordered by the House.
On motion of Mr. Payne, the House message was taken up,
and House Resolution, No. 11, providing for a Convention of the
two Houses, in the Representatives' Hall, to hear the addresses of
the Commissioners from the States of Alabama and Mississippi,
was unanimously concurred in by the Senate.
Mr. Richardson moved that the Speaker appoint a committee
of three on the part of the Senate, to act with the House commit-
tee, to wait upon the Commissioners from Alabama and Missis-
sippi, and learn from them at what hour it would be convenient
for them to address the two Houses on the subject of their mission.
Which motion was agreed to, and the Speaker appointed
Messrs. Richardson, Lane and Peters on said committee.
Mr. Stanton, Senator from the counties of White, Jackson and
Macon, appeared and took his seat.
Mr. Lane moved to reconsider the vote adopting House Reso-
lution, No. 1, in relation to the appointment of a Joint Select
Committee on that portion of the Governor's Message which re-
lates to the political condition of the country;
Which motion was agreed to.
On motion of Mr. Lane, the resolution was amended so as to
provide for the appointment of six members on the part of the
Senate, to act on said committee, and as amended was concurred
in by the Senate.
House Resolution, No. 12, to pay members their per diem and
mileage as it becomes due, was taken up.
Mr. Bradford moved to amend by striking out the word "House"
in the resolution, and inserting in lieu thereof the words General
Assembly.
Which motion was agreed to.
On the adoption of the resolution the Speaker directed the Clerk
to call the ayes and noes; which was done, and resulted—
30
Ayes 20
Noes - None.
Senators voting in the affirmative are:
Messrs. Boyd, Bradford, Bumpass, Hildreth, Horn, Hunter, John-
son, Lane, Mickley, MeClellan, McNeilly, Nash, Payne, Peters,
Richardson, Stokes, Stokely, Stovall, Wood and Mr. Speaker New-
man—20.
In the negative ;
None.
So the resolution, as amended, was adopted.
On motion of Mr. Bumpass, the rule was suspended, and the re-
solution ordered to be returned to the House of Representatives
for their further action thereon.
Mr. Richardson, from the Joint Select Committee appointed to
wait upon the Commissioners from Alabama and Mississippi, re-
ported that they had conferred with the Commissioners, and
learned from them that they would be pleased to address the two
Houses, in Convention, at 12 o'clock M., to-day.
Mr. Payne offered the following resolution, (Senate Resolution,
No. 6,):
Resolved by the Senate and House of Representatives of the Gen-
eral Assembly of the State of Tennessee, That the Doorkeepers of
the respective Houses furnish postage stamps for the use of the
members thereof, for paying postage on public documents, papers
containing the proceedings of the Legislature, and letters written
upon business connected with the legislation in which the Assem-
bly may be engaged, and that the Treasurer issue his warrant to
said doorkeepers, respectively, to pay for the cost of such stamps.
On motion of Mr. Payne, the rule was suspended, and the reso-
lution taken up. and adopted, and ordered tq, be transmitted to the
House of Representatives.
On motion of Mr. Boyd, leave of absence was granted to Mr.
Trimble, on account of a death in his family.
Mr. Johnson introduced Senate Bill, No. 2, entitled the appraise-
ment law;
Which passed its first reading.
Mr. Bradford moved that the Standing Committees of the Sen-
ate remain the same as they were last session, with the exception
of those on Federal Relations, Banks and Military Affairs.
On motion of Mr. Stokes, seventy-five copies of Senate Resolu-
tion, No. 4, were ordered to be printed for the use of the Senate.
On motion of Mr. Stokes, seventy-five copies of Senate Resolu-
tion, No. 5, were ordered to be printed for the use of the Senate.
On motion of Mr. Lane, seventy-five copies of Senate Bill, No.
1, to provide for the calling of a Convention of the people of
Tennessee, were ordered to be printed for the use of the Senate.
Mr. Richardson moved that the Senate take a recess until ten
minutes before 12 o'clock.
Which was agreed to.
31
The time for which the recess was taken having expired, the
Senate was called to order, and proceeded in a body to the Hall
of the House of Representatives, to hear the addresses of the
Commissioners from the States of Alabama and Mississippi.
IN CONVENTION.
The Speaker of the Senate took the Chair, and called the Con-
vention to order at 12 o'clock, and introduced the Hon. Leroy Pope
Walker, Commissioner from the State of Alabama, who proceed-
ed to address the Convention upon the subject of his mission.
At the close of Mr. Walker's address, Representative Gantt
moved that the Convention adjourn until 3 o'clock P. M.
Which was agreed to, and the Convention adjourned.
AFTERNOON SESSION.
The Convention re-assembled and was called to order by the
President, at three o'clock P. M., who introduced Gen. Thos. J.
, Wharton, Commissioner from the State of Mississippi, who ad-
dressed the Convention upon the subject of his mission to the
State of Tennessee.
The purpose for which the Convention was called having been
accomplished, the President declared it dissolved, and the Senai|
tors returned in a body to their Chamber, and were called to or-
der by the Speaker.
The Speaker presented a communication from the Cashier of
the Planters' Bank, transmitting the statement of that Bank and
Branches, on the 20th day of December, 1860;
Which was ordered to lie on the table.
Mr. Mickley, from the Committee on Enrolled Bills, reported
Senate Resolution, No. 6, as correctly engrossed.
Mr. Allen, Senator from the counties of Carroll, Gibson and
Dyer, and Mr. Minnis, Senator from the counties of Hamilton,
Marion, Bledsoe, Bradley, Rhea and Sequatchie, appeared and
took their seats.
On motion of Mr. Richardson, the Senate adjourned till 10
o'clock to-morrow morning.
32
THURSDAY MORNING, JANUARY 10, 1861.
The Senate met pursuant to adjournment.
Prayer by the Rev. Joseph Bard well.
The Journal of yesterday was read and approved.
The Speaker announced the members of the Joint Select Com-
mittees, provided for by House Resolutions, Nos. 1, 2 and 3, as
follows:
1st. Federal Relations—Messrs. Payne, Stokes, Allen, Wood,
Bradford and Minnis.
2d. Finance—Messrs. Lane, Boyd, Richardson, McNeilly, Sto-
vail and Stanton.
3d. Military Affairs—Messrs. McClellan, Bumpass, Peters and
Horn.
Mr. Newman (Mr. Peters in the Chair) offered the following re-
solution, (Senate Resolution, No. 7,):
Resolved by the Senate, That the President and Directors of the
Planters' Bank of Tennessee, the President and Directors of the
Union Bank of Tennessee, and the President and Directors of the
State Bank of Tennessee, inform the Senate, at as early a day as
possible, the amount of accommodation they could furnish the
people of Tennessee, if the restrictions were suspended for twelve
months, that now apply under law to said Banks ; also, the amount
they could loan on bills, and the amount on notes, the time they
could afford to dircount on, and also the amount of the calls on
renewals for the next twelve months.
On motion of Mr. Newman, the rule was suspended, and the
resolution was taken up and adopted, and the Clerk ordered to
transmit copies of the same to the Presidents of the Banks named.
Mr. Stokes offered the following resolution, (Senate Resolution,
No. 8,):
Wiiekeas, Ed. Willis, Revenue Collector of Wilson county for
the year 1859, failed to collect the State tax for that year, in con-
sequence of a protracted attack of white swelling, resulting in
the loss of a leg by amputation, and is now indebted to the State
in near the sum of four thousand dollars, in consequence of said
failure, and for the purpose of giving said Willis time to collect
said tax,
Be it resolved by the General Assembly of the State of Tennessee,
That the Comptroller of the Treasury be, and he is hereby direc-
ted to ascertain, by a settlement with said Ed. Willis, the amount
of taxes due and owing by him, as a Revenue Collector, to the
State, and that he take said Willis' notes for the amount, with
simple interest, ascertained to be owing, in two equal payments,
one in twelve and eighteen months: Provided, said Willis gives
33
two or more sureties of undoubted solvency, to be approved of
by the Comptroller.
On motion of Mr. Stokes, the rule was suspended, and the reso-
lution taken up and referred to the Joiut Select Committee on Fi-
nance.
Mr. Payne introduced Senate Bill, No. 3, to amend the charter
of the Bank of West Tennessee.
Which passed its first reading, and was referred to the Joint Se-
lect Committee on Banks and Finance.
Mr. Richardson introduced Senate Bill, No. 4, to enable the
Banks to afford some relief to the people.
Passed first reading, and,
On motion of Mr. Richardson, was referred to the Joint Select
Committee on Banks and Finance.
RESOLUTIONS LYING OVER.
Senate Resolution. No, 3, to appoint a Special Committee to
report a bill for the relief of the people, and for other purposes,
was taken up and adopted.
Senate Resolution, No. 4 on Federal Relations, was taken up,
and,
On motion of Mr. Payne, was referred to the Joint Select Com-
mittee on Federal Relations.
Senate Resolution, No. 5, recommending Congress to call a
Convention of the States, to propose such constitutional guaran-
tees as they may deem necessary to perpetuate the Union, and
preserve the equality of the States, was taken up, and,
On motion of Mr. Richardson, was referred to the Joint Select
Committee on Federal Relations.
SENATE BILLS ON SECOND READING.
Senate Bill, No. 1, providing for a Convention of the people of,
Tennessee, was taken up on second reading, and,
On motion of Mr. Payne, was referred to the Joint Select Com-
mittee on Federal Relations.
Senate Bill, No. 2, entitled the Appraisement Law, was taken
up on second reading, and,
On motion of Mr. Johnson, was referred to the Joint Select
Committee on Banks and Finance.
On motion of Mr. Payne, the Senate adjourned till 10 o'clock
to-morrow morning.
3 s
34
FRIDAY, JANUARY 11, 1861.
The Senate met pursuant to adjournment.
Prayer by the Rev. Joseph Bard well.
The Journal of yesterday was read and approved.
Mr. Lane, from the Joint Select Committee on Banks and Fi-
nance, reported as follows:
The Joint Select Committee on Banks and Finance, to whom
was referred Senate Bill, No. 2, entitled the Appraisement Law,
have had the same under consideration, and with two amend-
ments, instruct me to report in favor of its passage.
Your Committee have also examined and considered Senate
Bill, No. 3, on act to amend the charter of the Bank of West Ten-
nessee, and instruct me to recommend its rejection.
Your Committee have had under consideration Senate Bill, No.
4, to be entitled, an act to enable the Banks to afford some relief
to the people. Your Committee have drawn up, and with an
amendment, offer a bill in lieu, and have instructed me to recom-
mend it^ passage.
The Committee have also had under consideration Senate Reso-
lution, No. 8, for the relief of Ed. Willis, of Wilson county, and
recommend its adoption.
All of which is respectfully submitted.
J. T. LANE, Chairman.
Mr. Payne, from the Joint Select Committee on Federal Rela-
4ions, submitted the following report:
The undersigned, Chairman of the Joint Select Committee on
Federal Relations, begs leave to report that the Committee have
had before them the bill entitled a bill to provide for a Convention
of the people of Tennessee, and have agreed upon the following
. amendments, viz:
In the third line of the 18th section they have struck out Janu-
. ary, and inserted the 8th of February, 1861.
In the second line of the 3rd section, the same is amended by
striking out the word "over" immediately before twenty-one
years.
They have inserted 18th in the blank occurring in the second
line of section 5th.
With these amendments, a majority of the Committee recom-
t mend the passage of the bill.
R. G. PAYNE, Chairman.
Mr. Richardson offered the following resolution, (Senate Reso-
ilution, No. 9):
35
Whereas, Information has reached us through the public prints
that the committee of the border States have adopted the propo-
sitions of Hon. John J. Crittenden, of Kentucky, as a permanent
settlement of our political difficulties ; therefore,
Jtesolved by the General Assembly of the State of Tennessee,
That we approve and endorse a settlement of our political troubles
upon the terms proposed by Mr. Crittenden, and adopted by the
Committee, which are in the following words, viz:
basis op settlement.
1. Recommending a repeal of all personal liberty bills.
2. An efficient amendment of the fugitive slave law, preventing
kidnapping, equalizing commissioners' fees, &c.
3. That the Constitution be so amended as to prohibit any in-
terference with slavery in any of the States.
4. That Congress shall not abolish slavery in the dock-yards,
&c., nor in the District of Columbia, without the consent of Ma-
ryland, and the consent of the inhabitants of the District, nor
without compensation.
5. That Congress shall not interfere with the inter-State slave
trade.
6. That there shall be a perpetual prohibition of the African
slave trade.
7. That the line of 36 degrees 30 minutes shall be run through
all the existing territory of the United States, and in all North of
that line slavery shall be prohibited; South of that line, neither
Congress nor a Territorial Legislature shall hereafter pars any
law abolishing, prohibiting, or in any manner interfering with
African slavery; and when any Territory, containing sufficient
population for one member of Congress, in an area of 60,000
square miles, shall apply for admission as a State, it shall be ad-
mitted, with or without slavery, as its Constitution may determine.
The resolution lies over under the rule.
The Speaker announced the Committee provided for by Senate
Resolution, No. 3, as follows:
Messrs. Wood, Hunter, Trimble, Stokely, Hildreth and Nash.
Mr. Allen introduced Senate hill, No. 5, for the relief of the
people of Tennessee.
Passed first reading, and,
On motion of Mr. Allen, was referred to the Special Committee
for the relief of the people.
Mr. Wood introduced Senate Bill, No. 6, to amend the conven-
tional interest law.
Passed first reading, and,
On motion of Mr. Hildreth, was referred to the Special Com-
mittee for the relief of the people.
36
Senate Resolution, No. 8, for the relief of Ed. Willis of Wilson
county ;
Was taken up and adopted.
Ayes
Noes
The ayes and noes having been ordered,
Senators voting in the affirmative are :
Messrs. Allen, Boyd, Bradford, Bumpass, Hildreth, Horn, Hun-
ter, Johnson, Lane, Mickley, Minnis, McClellan, McNeilly, Nash,
Payne, Peters, Richardson, Stokes, Stokely, Stovall, Wood, and
Mr. Speaker Newman—22.
In the negative—None.
So the resolution was adopted, and,
On motion of Mr. Stokes, was ordered to be engrossed and
transmitted to the House of Representatives.
SENATE BILLS ON SECOND READING.
Senate Bill, No. 1, to provide for the calling of a Convention of
the people of Tennessee, was taken up on second reading.
The amendments offered by the Joint Select Committee on
Federal Relations, were severally adopted.
Mr. Stokes offered the following amendment:
Section —. Be it jurther enacted, Thnt in order to ascertain
the views of the people of the State of Tennessee, on the subject
of "• State secession," that every voter shall be required to have
upon his tibket, the word " Union," or" Disunion," and the judges,
clerks, and officers holding the election, shall cause a correct re-
turn to be made of all the votes for the " Union," and for " Dis-
union," in the same manner as required in reference to the vote
for the Convention.
Mr. Wood moved to amend the amendment, by striking out
Union where it occurs, and inserting State Rights, and by striking
out Disunion where it occurs, and inserting Submission.
Mr. Peters moved to lay the amendment, and the amendment
to the amendment, on the table; on which motion,
Mr. Richardson demanded the ayes and noes, which were or-
dered, and resulted :
Ayes
Noes
Senators voting in the affirmative are :
Messrs. Hildreth. Hunter, Johnson, Lane, Mickley, Minnis, Mo-
Clelian, McNeilly, Payne, Peters, Stovall, Wood, and Mr. Speaker
Newman—13.
In the negative :
Messrs. Allen, Boyd, Bradford, Bumpass, Horn, Nash, Richard-
son, Stokes, and Mr. Stokely—9.
22
00
13
9
37
So the amendments were laid on the table.
Mr. Hildreth offered the following amendment:
Sec. —. Beit further enacted, That no ordinance or resolution
adopted by said Convention, having for its object to change the
position or relation of this State to the Federal Union, or her sis-
ter southern States, shall be of binding force until it is submitted
to a vote of the people, and ratified by a majority of all the
voters in the State, taking the vote in the last Gubernatorial elec-
tion as the number of qualified voters in the State.
On the adoption of the amendment, Mr. Stokely demanded the
ayes and noes, which were taken and resulted:
Ayes ......... 14
Noes 8
Senators voting in the affirmative are :
Messrs. Allen, Boyd, Bradford, Bumpass, Hildreth, Horn, Hun-
ter, Lane, Nash, Richardson, Stokes, Stokely, Stovall, and Mr.
Speaker Newman—14.
In the negative:
Messrs. Johnson, Mickley, Minnis, McClellan, McNeilly, Payne,
Peters, and Mr. Wood—8.
So the amendment was adopted.
The bill as amended, was then passed on its second reading.
Senate Bill, No. 2, entitled the Appraisement Law, was taken
up on second reading.
The amendments offered by the Joint Select Committee on
Banks and Finance, were adopted, and the bill passed its second
reading, and,
On motion of Mr. Lane, was recommitted to the Committee on
Banks and Finance.
Senate Bill, No. 3, to amend the charter of the Bank of West
Tennessee ; passed second reading.
Senate Bill, No. 4, to enable the Banks to afford some relief to
the people, was taken up.
The bill offered in lieu by the Joint Select Committee on
Banks and Finance, was adopted, and the bill passed its second
reading.
Mr. Payne offered the following resolution, (Senate Resolution,
No 10,) a resolution in relation to the appointment of Cabinet
Officers by the President elect:
Whereas, Reliable information has been furnished that the
President elect has tendered the appointment of Secretary of
State to W. H. Seward of New York, that the appointment of
said Seward, or any other politician to a high cabinet position,
entertaining his opinions, will be but a continuation of the
" Higher Law," and " irrepressible conflict " doctrine, on the sub-
ject of slavery, evincing a continued and deadly purpose of de-
38
stroying the rights of the South, leading to the total abandonment
of all hope for adjustment of existing difficulties.
Be it therefore resolved by the General Assembly of the Slate of
Tennessee, That the organization of a Cabinet by the President
elect, pledged to the " irrepressible conflict" doctrines of Lincoln,
and the " Higher Law" doctrines of Hon. Wm. H. Seward, would
of itself preclude all hope of adjustment of existing difficulties,
and would justily the southern States in dissolving their connec-
tion with the Federal Government, and in seeking new guards for
the protection of their honor and their inalienable rights to life,
liberty and property.
Laid over under the rule.
On motion of Mr. Richardson, the Senate adjourned until to-
morrow morning at 10 o'clock.
SATURDAY, JANUARY 12, 1861,
The Senate met pursuant to adjournment.
Prayer was offered by the Rev. Joseph Bardwell.
The Journal of yesterday was read and approved.
James L. Thompson, Senator from the counties of Smith and
Sumner, who had been detained at home on account of sickness
in his family, appeared and took his seat.
A message was received from the House of Representatives, by
Mr. Campbell, their Clerk, as follows :
Mr. Speaker:
The House has concurred in Senate amendment to House Re-
solution, No. 12, directing the Treasurer to pay the officers and
members of the General Assembly their per diem as it falls due.
The House has adopted House Resolution, No. 27, requesting
the Supervisor of Banks to furnish to this General Assembly, at
his earliest convenience, his report as to the condition of Banks,
and an engrossed copy of the same is herewith transmitted for the
action of the Senate thereon.
The Speaker of the House has signed the following enrolled
resolutions, viz:
39
Joint Resolution directing the Treasurer to pay to members and
officers their per diem as it becomes due.
Joint Resolution for a Convention of the two Houses, to hear
the addresses of the Alabama and Mississippi Commissioners ;
and they are herewith transmitted for the signature of the Speak-
er of the Senate.
House Resolution, No. 27, directory to the Supervisor of Banks,
was taken up and adopted.
Mr, Richardson asked and obtained leave to withdraw Senate
Resolution, No. 9, approving the proposition of Hon. J. J. Crit-
tenden, of Kentucky, as a basis for a settlement of all our politi-
cal difficulties, for amendment.
Mr. Stokes asked and obtained leave to withdraw for amend-
ment, Senate Resolution, No. 10, in relation to the formation of a
Cabinet by the President elect.
Mr. Bradford offered the following resolution, (Senate Resolu-
tion, No. 11,):
Resolved, That the Committee on Finance, appointed by order
of the Senate, confer with the officers and directors of the three
old Banks, and report to the Senate such information as they may
receive as to the relief of the people of Tennessee.
On motion of Mr. Bradford, the rule was suspended, and the
resolution taken up and adopted.
Senate Bill, No. 5, for the relief of the people of Tennessee,
was taken up, and passed its second reading, and,
On motion of Mr. Trimble, was referred to the Committee on
the Judiciary,
Senate Bill, No. 1, to provide for the calling of a Convention of
the people of Tennessee, was taken up on third reading.
Mr. Horn moved to strike out the 9th day of February: which
motion was disagreed to on a division.
Mr. Horn moved to strike out in the 2d line of the 5th section,
the 18th day of February; which motion was agreed to.
Mr. Richardson moved to fill the blank with the llthday of
March, and on his motion demanded the ayes and noes ; which
were ordered and resulted,
Ayes • • • 9
Noes • 16
Senators voting in the affirmative are:
Messrs. Allen, lloyd, Bumpass, Horn, Nash, Richardson, Stokes,
Stokely and Mr. Trimble—9.
SENATE BILLS ON THIRD READING
Ayes.
Noes
10
11
40
In the negative:
Messrs. Bradford, Hildreth, Hunter, Johnson, Lane, Mickley,
Minnis, McClellan, McNeilly, Payne, Peters, Stanton, Stovall,
Thompson, Wood and Mr. Speaker Newman—16.
So the motion failed.
On motion of Mr. Bradford, the blank was filled with the 25th
day of February.
Mr. Lane moved to strike out in the 8th section of the bill all
after the words " all the," in the tenth line.
Pending which motion, Mr. Trimble moved to re-commit the
bill to the Committee on the Judiciary.
On which motion, Mr. Payne demanded the ayes and noes;
which were taken and resulted,
AyesJ 16
Noes 9
Senators voting in the affirmative are:
Messrs. Allen, Boyd, Bradford, Bumpass, Hildreth, Horn, Hun-
ter, Lane, Nash, Richardson, Stanton, Stokes, Stokely, Stovall,
Trimble and Mr. Speaker Newman—16.1
In the negative:
Messrs. Johnson, Mickley, Minnis, McClellan, McNeilly, Payne,
Peters, Thompson and Mr. Wood—9.
So the motion to re-commit prevailed.
On motion of Mr. Hildreth, the bill was made the special order
for Monday next, at 2 o'clock P. M.
Senate Bill, No. 3, to amend the charter of the Bank of West
Tennessee, was taken up, and passed its third reading.
Ayes 17
Noes 6
Senators voting in the affirmative are :
Messrs. Allen, Boyd, Bradford, Bumpass, Hunter, Johnson,
Mickley, Minnis, McClellan, McNeilly, Nash, Payne. Peters, Stan-
ton, Stovall, Thompson and Mr. Speaker Newman—17.
In the negative:
Messrs. Hildreth, Horn, Lane, Richardson, Stokely and Mr.
Wood—6.
On motion of Mr. Payne, the rule was suspended, and the bill
ordered to be engrossed and transmitted to the House of Repre-
sentatives.
Senate Bill, No. 4, to give the Banks further time to resume
specie payment, was passed over informally.
On motion of Mr. Lane, the vote re committing Senate Bill,
No. 2, entitled, the appraisement law, to the Committee on the
Relief of the People, was reconsidered.
The bill was taken up on its third reading.
Mr. Lane offered the following amendment:
41
Sec. —. Be it further enacted, That the property levied on by
any officer under this act, shall not be advertised and offered for
sale oftener than once in every four months, commencing from
the time of the first sale;
Which amendment was adopted.
On motion of Mr. Trimble, the bill was recommitted to the Com-
mittee on the Judiciary.
On motion of Mr. Richardson, the Senate adjourned until 10
o'clock on Monday morning.
MONDAY, JANUARY 14, 1861.
The Senate met pursuant to adjournment.
The Journal of Saturday was read approved.
The Speaker laid before the Senate the following communica-
tion:
Hon. Taz. TV. Newman, Speaker of the Senate:
We respectfully acknowledge the receipt of a copy of a resolu-
tion adopted by your honorable body on the 10th instant, ad-
dressed to the Planters' Bank of Tennessee, the Union Bank of
Tennessee, and the State Bank of Tennessee, making the inquiry
as to the amount of accommodations said Banks could furnish
the people of Tennessee, if the restrictions were supended for
twelve months which now apply under law to said Banks; also,
the amount they could loan on bills, and the amount on notes;
the time they could afford to discount on, and also the amount of
calls on renewals for the twelve months.
In reply to this resolution, we have the honor to say, that the
amount of accommodations the Banks could furnish the people,
is so entirely dependent upon surrounding circumstances, that we
feel at a great loss in stating any particular sum. That the
Banks, (the restrictions alluded to in your resolution being re-
moved.) could furnish the accommodation necessary to be used in
the movements of the industrial products, and the enterprizes of
the State, we have no doubt. What that sum would be, it is im-
42
possible to say. Nor does it matter particularly, with our view
of the subject, to fix any exact sum.
The demands upon the Banks being commensurate with the
wants of the community, the extent of this want would be the
measure of the accommodation. Whenever there is anything to
predicate business upon, it is always to the interest of monied in-
stitutions to extend their discounts. And thus based upon real
operations and solvent securities, it is right in policy, and just to
the people, that the line of discounts should run with the wants
of the country. Calls should be made with a just regard to the
interest of the Banks and their customers.
Under some circumstances, a call of ten per cent, would be
oppressive to one set of customers, where a payment in full would
be easily met by another; of this, it must, to a great extent, be a
matter for the sound discretion of the officers of the Banks. The
line of business one pursues, has much to do with regulating
and equalizing calls ; one business can afford to pay a heavy call,
while another must be lightly taxed, and often renewals for the
whole sum borrowed must be made, or the party greatly dis-
tressed.
Hence the calling in the money of the Banks does not admit
of any arbitrary or fixed standard, but must vary to suit the de-
mand and condition of each particular case. This general rule,
however, should be observed as nearly as possible. In all cases,
to make the call at such a rate per cent, as would extinguish the
debt by the time it is made incumbent on the Banks to resume.
We do not think the time for which the loan is made should be
longer than sixty to ninety days. If for a greater length of time,
it would confine the relief afforded to a comparative few, while
the relief afforded on two to three months' notes, would enable
the Banks to diffuse the^r discounts. Let us suppose the money
loaned on twelve months time, the amount so loaned could relieve
one set of borrowers only, while if upon two and three months,
the money paid on calls, and as would be often the case, the
whole face of the note, could and would be re-loaned to another
set of borrowers, and thus the benefits resulting from the discounts
of the Banks, would be more equally and more extensively dif-
fused. Besides this, if those who borrowed the money could not
at the end of sixty or ninety days pay a call, but had to renew for
the whole amount, it would not be attended with any additional
cost to the borrower.
We regret that we cannot be more specific in regard to the
points referred to in the resolution. We, however, are willing,
and would be glad to submit our Banks to the inspection of each
member of your honorable body, and to afford every information
and explanation in our power, in order that these matters may be
fully understood.
We beg leave respectfully to refer to the report of the Super-
43
visor of Banks, and to him individually, in reference to the mat-
ters of said resolution.
O. EWING, President of the Planters' Bank.
J. KIRKMAN, Pres't of Union Bank of Tennessee.
G. P. SMITH, President of Bank of Tennessee.
Nashville, Jan. 14, 1861.
On motion of Mr. Richardson, the communication was referred
to the Special Committee on the relief of the people; and 250
copies ordered to be printed for the use of the Senate.
resolutions.
Mr. Bradford offered the following resolution, (Senate Resolu-
tion, No. 12):
Whereas, The alarming evils and perils which now pervade
every section of the country, demand the intervention of patriots
everywhere to avert the prospective and direful calamities of civil
war and anarchy, which may result from a dismemberment of the
States of the Union ; and whereas, it is not the desire of this
General Assembly to take any steps so as to further aljenate the
two extreme sections, or widen the fearful breach now existing in
the political relations ; and whereas, it is our earnest desire to
heal the dissensions now bitterly engendered, and allay the storm
now sweeping with such terror over the land; therefore,
Resolved, That a committee of three be appointed by the
Speaker of the Senate, to act in conjunction with a similar com-
mittee on the part of the House of Representatives, to prepare
an address to the southern and northern States of the Union upon
the present alarming crisis.
Resolved, That said Joint Committee report said address to this
General Assembly, for adoption or rejection, as soon as practica-
ble.
Resolved, That these resolves be immediately transmitted to the
House for concurrence.
The resolutions lie over under the rule.
Mr. Bradford introduced Senate Resolution, No. 13, as follows:
Whereas, for a number of years the South has purchased from
the northern States millions of dollars worth of merchandize,
which has contributed materially and extensively to the support
of Northern manufactories and Northern interests ; and whereas,
the withdrawal of such support from the North will probably in-
duce the North to pause before the gulf which now flows between
the two sections, shall be stained with fraternal blood; and where-
as, our appeals to the North on principles of justice, charity, inter-
vention and patriotism, have all been unavailing and fruitless, and
in order to make the last appeal on the score of interest; there-
fore,
44
Resolved by the General Assembly of the State of Tennessee, That
the people of Tennessee are earnestly requested to abstain, as far
as practicable, from all trade or other commercial intercourse with
the citizens of the Northern States.
The resolution lies over, under the rule.
Mr Bradford offered the following resolution, (Senate Resolu-
tion, No. 14,):
Resolved by the General Assembly of the State of Tennessee, That
the Federal Government of the United States, at Washington
City, is hereby requested to conduct and control the movements
of the army and navy of the government so as not to produce a
cause of war between the General Government and any of the
seceding States, and that a like request is also made to each of
the seceding States.
Resolved, That a copy of this resolution be immediately com-
municated by telegraph to the President of the United States and
to each of the seceding States.
Resolved, That it is the sense of this General Assembly that if
a conflict of arms shall occur between the Federal authorities and
the seceding States, all hope for a future adjustment will be per-
haps forever cut off.
Mr. Newman (Mr. Nash in the Chair) offered the following re-
solutions, (Senate Resolution, No. 15,):
Resolved by the General Assembly of the State of Tennessee,
That in view of the impending dangers that surround the coun-
try, we invite all the Southern States to meet Tennessee, in Gen-
eral Convention, to recommend to each of the States represented
a united plan of action, by which there may be concert and unity
among us, as a people having common interest, common rights,
and a common destiny.
Resolved, That said Convention assemble at the city of Rich-
mond, in the State of Virginia, on the day of February,
1861.
Resolved, That said convention take into consideration the rela-
tions of the Southern States with the Federal Government, and
the relations of the States with each other, and recommend to the
Southern States such joint action as in their wisdom may seem
best.
Resolved, That by joint vote of the two Houses of the General
Assembly of Tennessee, twelve Commissioners shall be elected,
who shall be entitled fully to represent the State of Tennessee in
such Convention, under.commission from the Governor of the
State.
Resolved, That the Governor immediately transmit the forego-
ing resolutions to the Governors of all the Southern States, with
the request that they be laid before the Legislatures or Conven-
tions of their respective States.
The resolutions lie over under the rule.
45
Mr. Mickley, from the Committee on Enrolled Bills, reported
Senate Bill, No. 3, and Senate Resolution, No. 8, as correctly en-
grossed.
Mr. Payne, from the Joint Select Committee on Federal Rela-
tions, reported as follows :
The undersigned, Chairman of the Joint Select Committee on
Federal Relations, begs leave to report that the Committee have
had under consideration Senate Resolutions, No. 4, and ask to be
discharged from the further consideration of the same.
A majority of the Committee have instructed me to report the
following resolutions in lieu thereof, entitled, " Resolutions upon
the rights and duties of the States, and the exercise of coercive
powers by the General Government "
Respectfully submitted,
R. G. PAYNE, Chairman.
Resolutions upon the Rights and Duties of the States, and the
exercise of Coercive Powers by the General Government.
The members of the General Assembly of the State of Tennessee
hold that this Union, having been formed by free, sovereign,
and independent States, for the mutual benefit of all the parties
thereto; that Union can only be promotive of this great and orig-
inal object, so long as it can be maintained by the voluntary con-
sent of the parties forming the compact; and, therefore, that a
resort to physical force on the part, of the Federal authorities, with
the view of perpetuating such a Union, while defeating the object
contemplated, would seriously endanger, if not destroy, the liber-
ties of the people of the States, which were obtained by the la-
bors and sacrifices of their ancestors ; and whereas, a long train
of abuses and usurpations, on the part of the people and author-
ities of the Northern States, having directly in view the destruc-
tion and overthrow of the guaranteed rights of the slaveholding
States of the Confederacy, and sanctioned by the people in the
late Presidential election, have not only caused serious and well-
founded apprehensions on the part of these States, but have caus-
ed the States of Mississippi, Alabama, Florida, and South Caro-
lina to withdraw from the Confederacy. It is due to the sovereign
.people of Tennessee—to their rights and honor as freemen—to
declare that any attempt, by physical force, on the part of the
General Government, to coerce such seceding States, would find
no warrant in the Constitution of the United States : it would be
a perversion of the very objects of its formation, and, if successful,
would transform a government patriotically devised for the protec-
tion of Ireemen, into an odious and intolerable despotism.
We hold, with the framers of the Declaration of Independence,
that Governments, instituted among men "derive their just pow-
ers from the consent of the governedand while it is true thut
46
governments should not be changed for light and trivial causes,
yet when abuses and usurpations exist, the people of the sovereign
States are themselves the judges ol these abuses and usurpations,
" as well as of the mode and measures of redress."
We hold with the framers of the Tennessee Declaration of
Rights, " That all power is inherent in the people, and all free
governments are founded on their authority, and instituted for
their peace, safety and happiness ; for the advancement of these
ends, they have, at all times, an unalienable and indefeasible
right to alter, reform, or abolish the government, in such manner
as they may think proper. That government being instituted for
the common benefit, the doctrine of non-resistance against arbi-
trary power and oppression, is absurd, slavish and destructive of
the good and happiness of mankind."
We hold with Edward Everett, that "the suggestion that the
Union can be maintained by the numerical preponderance and
military prowess of one section, exerted to coerce the other into
submission, is as self-contradictory as it is dangerous. It comes
loaded with the death smell from fields wet with brothers' blood
Therefore—
Resolved, That when the Convention and people of Tennes-
see proclaimed in their Declaration of Rights, and inserted in the
first section of the first article of the State Constitution, that " the
people'' have " an unalienable and indefeasible right to alter, re-
form or abolish the government in such manner as they may think
proper" "for the advancement of their peace, safety and happi-
ness," they meant the people of Tennessee.
2. Resolved, That the people of Tennessee, and the people of
Tennessee alone, have the right to determine when the govern-
ment under which they live, Federal or State, becomes "destruc-
tive of their lives, liberty and the pursuit of happiness."
3. Resolved, That as citizens of Tennessee we claim no fur-
ther or greater rights for her people than we cheerfully concede
to the people of each and every other State in the Federal Union.
4. Resolved, That the doctrine that the General Government,
while having no authority to mpke war upon a seceding State,
has still the power to enforce its laws by blockading its ports or
quartering troops within its limits, for the purpose of protecting
public property and enforcing the revenue and postal laws against
the will of the sovereign people of such State, is an absurdity in
theory, and the exercise of the war making power in practice.
The enforcement of laws against an unwilling and injured people
by military power, has been the apology and justification of tyran-
ny in every age of the world. It was the attempt thus to enforce
and sustain the laws, on the part of Great Britain, that brought on
the war of the Revolution; and the usurpation of such authority
by the General Government, would find a fitting parallel in the
47
bloody policy of the English despot, who sought to enforce his
mandate by an appeal to the sword and the bayonet.
5. Resolved, That looking upon civil war as a national evil,
compared to which all others sink into insignificance, we hereby
instruct our Senators, and earnestly request our representatives
in Congress, to oppose every measure that may tend to bring
about such a result, and to insist upon the adoption of such meas-
ures of Federal policy as will prevent a hostile collision between
the forces of any of the State Governments, and those acting un-
der Federal authority.
6. Resolved, That in the sectional struggle brought on by the
anti-slavery sentiment of the North, the heart, the voice, the arm
•of Tennessee—all ought to, and will be with the South.
7. Resolved, That as the last hope of adjusting existing difH-
culties and restoring the shattered fragments of the Union, con-
sists in preventing a hostile collision betwixt Federal and State
authorities, we, therefore, feel it to be due to the sovereignty of
the States, and the cause of civil and constitutional liberty, to
declare that under no circumstances would the people of Tennes-
see permit a hostile force under Federal authority to pass over her
domain for the purpose of making war upon the people of any
other State.
A message was received from the House of Representatives, by
Mr. Campbell, their clerk, as follows:
Mr. Speaker :
The House of Representatives has had under consideration
Senate Resolution, No. 6, pieviding for the payment of postage on
letters and documents, and voted it to the table; therefore, I here-
with return the resolution to the Senate.
(The House of Representatives has passed on third arid last
reading House Bill, No. 3, providing for a Convention of the
people of Tennessee, and ordered its immediate transmission to
the Senate for further action, which is herewith transmitted.
Senate Bill, No. 4, to give the Banks further time so resume
specie payments, was taken up on third reading.
Mr. Lane offered the following amendment:
Sec. —. Be it further enacted, That the Bank of Tennessee be,
and is hereby authorised to issue notes of the denomination of
one, two and three dollars.
Which was adopted.
The bill, as amended, passed its third reading.
Ayes • • 20
Noes • 3
The Ayes and noes being constitutionally required,
Senators voting in the affirmative are:
Messrs. Allen, Boyd, Bumpass, Horn, Hunter, Johnson, Lane,
48
Mickley, Minnis, McClellan, Nash, Payne, Richardson," Stanton,
Stokes, Stovall, Thompson, Trimble, Wood and Mr. Speaker New-
man—20.
In the negative :
Messrs. Bradford, Hildreth and Mr. Stokely.
Mr. Stokes moved to reconsider the vote passing the bill; which
motion was agreed to
Mr. Wood asked and obtained leave to withdraw the bill for
amendment, and subsequently returned it with the following
amendment:
Sec. —. Be il further enacted, That no execution shall be issued
by any magistrate, or clerk of any Circuit, Chancery, or Supreme
Court, unless the plaintiff authorize in writing upon the execution,
the constable, sheriff, or other officer,, to take current bank notes
in payment of the same.
On the adoption of the amendment, Mr. Bradford demanded
the ayes and noes; which were ordered and resulted,
Ayes 5
Noes 18
Senators voting in the affirmative are:
Messrs. Bradford, Minnis, McClellan, Peters and Mr. Wood—5.
In the negative:
Messrs. Allen, Boyd, Hildreth, Horn, Hunter, Johnson, Lane,
Mickley, McNeilly, Nash, Richardson, Stanton, Stokes, Stokely,
Stovall, Thompson, Trimble and Mr. Speaker Newman—18.
The bill then passed its third reading.
Ayes 20
Noes ... 4
Senators voting in the affirmative are:
Messrs. Allen, Boyd, Horn, Hunter, Johnson, Lane, Mickley,
Minnis, McClellan, McNeilly, Nash, Payne, Peters, Richardson,
Stanton, Stokes, Stovall, Thomson, Trimble and Mr. Speaker
Newman—20.
In the negative:
Messrs. Bradford, Hildreth, Stokely and Mr. Wood—4.
So the bill passed its third reading, and was ordered to be en-
grossed and transmitted to the House of Representatives.
On motion of Mr. Payne, the resolutions reported by the Joint
Select Committee on Federal Relations, were made the special
order for Wednesday morning at 10 o'clock.
On motion of Mr. Horn, one hundred copies of the resolutions
were ordered to be printed for the use of the Senate.
House Bill, No. 3, to provide for a Convention of tbe people
of Tennessee, was taken up, and passed its first reading.
On motion of Mr. Payne, the vote making Senate Bill, No. 1,
49
to provide for a Convention of the people of Tennessee, the spe-
cial order for 2 o'clock P. M. to day, was reconsidered.
Mr. Payne introduced Senate Bill, J\o. 7, to incorporate the
Memphis Light Dragoon Company;
Which passed its first reading, and was referred to the Joint
Select Committee on Military Affairs.
Mr. Peters introduced Senate Bill, No. 8, to provide for organ-
izing a volunteer corps in this State;
Which passed its first reading, and was referred to the Joint
Select Committee on Military Affairs.
Mr. Boyd presented a package of tickets securing free passage
to the members of the Senate over the East Tennessee and Geor-
gia Railroad, during the present session of the General Assembly.
Mr. McClellan presented tickets securing free passage over the
East Tennessee and Virginia Railroad for the members and offi-
cers of the Senate, until the first day of July next.
On motion of Mr. Stovall, the thanks of the Senate were ten-
dered to the Presidents and officers of the East Tennessee and
Virginia and the East Tennessee and Georgia Railroads, for the
courtesies extended to the members and officers.
On motion of Mr. Trimble, the Senate adjourned till to-morrow
morning at 10 o'clock.
TUESDAY, JANUARY 15, 1861.
The Senate met pursuant to adjournment.
The Journal of yesterday was read and approved.
Mr. Wood, from the Committee on the Relief of the People,
reported as follows:
The Committee on Relief to whom was referred Senate Bill,
No. 6, entitled, a bill to amend the conventional interest act, have
had the same under consideration, and a majority of the Commit-
tee have instructed me to recommend its passage with the follow-
ing amendment:
Add to the first section, after the word "motes," " or other in-
debtedness."
WOOD, Chairman.
Mr. Lane, from the Joint Select Committee on Banks and Fi-
nance, reported back Senate Bill, No. 5, entitled, a bill for the
4 s
50
relief of the people of Tennessee, and asked to be discharged
from its farther consideration.
Senate Resolutions Nos. 12, 13, and 14, were passed over in-
formally.
Senate Resolution No. 15. calling a Convention of the South-
era States, was taken up; and,
On motion of Mr. Wood, was referred to the Joint Select Com-
mittee on Federal Relations.
Mr. Payne, from the Joint Select Committee on Federal Rela-
tions, submitted the following report:
The Chairman of the Joint Select Committee on Federal Rela-
tions, reports that he has been instructed by the committee to re-
port to the Senate the following resolutions on federal relations,
in lieu of the resolutions of Messrs. Kennedy and Bennett, intro-
duced in the lower House, (Senate Resolution No 16):
Resolved by the General Assembly of the State of Tennessee, That
in view of the imminent danger of civil war, this Assembly, in
behalf of the people of Tennessee, ask respectfully, on the one
hand, of the President of the United States, and, on the other, of
the authorities of each of the Southern States, to the end that, if
possible, peace may yet be preserved, that they will reciprocally
communicate assurances in response hereto, to the General As-
sembly of Tennessee, now in session, that the statu quo of all
movements tending to occasion collision, and concerning the forts
and arsenals of the nation, shall on either hand be strictly main-
tained for the present, except to repel any actual aggression.
Resolved, That the Governor of Tennessee be requested to com-
municate these resolutions by telegraph immediately to the Presi-
dent of the United States, and to each of the Governors of the
Southern States.
On motion of Mr. Payne, the iule was suspended, and the reso-
lution 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. Campbell, their clerk, as follows:
Mr. Speaker:
The House of Representatives has considered Senate amend-
ments'to the following House resolutions, and concurred therein,
viz:
Resolution No. 1, raising a joint committee of both Houses to
take into consideration that portion of the Governor's Message in
relation to the political condition of the country.
Resolution No. 2, raising a joint committee of both Houses to
take into consideration that portion of the Governor's Message in
reference to the pecuniary distress of the country.
Resolution No. 3, raising a joint committee of both Houses to
51
take into consideration that portion of the Governor's Message as
refers to the military laws.
House Bill No. 3, to provide lor a Convention of the people of
Tennessee, was taken up on second reading.
Mr. Stokely moved to strike out the 18th day of February, as it
appears in the fifth section ; which motion was agreed to.
On motion of Mr. Stokely, the blank was filled by inserting the
25th day of February.
Mr, Lane moved to strike out in the eighth section all after the
word voters, and insert the following: " by a majority of the votes
polled, and that before any act or ordinance touching our relation
to the Federal Government shall be binding, the same shall be sub-
mitted back to the people for their rejection or approval, not sooner
than twenty days after the passage of such act or ordinance."
On the adoption of which amendment, Mr. Richardson demand-
ed the ayes and noes.
Pending the call of which, Mr. Stanton moved that the Senate
adjourn until to-morrow morning 10 o'clock.
On which motion, Mr. Lane demanded the ayes and noes;
which were ordered, and resulted :
Ayes 9
Noes 15
Senators voting in the affirmative are :
Messrs. Allen, Boyd, Bradford, Bumpass, Horn, Nash, Richard-
son and Trimble—9.
In the negative :
Messrs. Hildreth, Hunter, Johnson, Lane, Mickley, Minnis,
McClellan, McNeilly, Payne, Peters, Stokely, Stovall, Thompson,
Wood and Mr. Speaker Newman—15.
So the motion to adjourn did not prevail.
The question recurring upon the adoption of the amendment
offered by Mr. Lane, the ayes and noes were ordered, and re-
The ayes and noes being demanded,
Senators voting in the affirmative are :
Messrs. Hunter, Johnson, Lane, Mickley, Minnis, McClellan,
McNeilly, Payne, Peters, Stovall, Thompson, Wood and Mr.
Speaker Newman—13.
In the negative:
Messrs. Allen, Boyd, Bradford, Bumpass, Hildreth, Horn, Nash,
Richardson, Stanton, Stokes, Stokely and Mr. Trimble—12.
So the amendment was adopted,
Mr. Richardson moved to amend the bill by striking out the
word " No," in the fourth line of the seventh section ; upon which
suited:
Ayes
Noes
13
12
52
motion he demanded the ayes and noes, which were taken and
resulted:
Ayes
Noes
Senators voting in the affirmative are:
Messrs. Allen, Boyd, Bradford, Bumpass, Horn, Nash, Richard-
son, Stanton, Stokes, Stokely and Mr. Trimble—11.
In the negative :
Messrs. Ilildreth, Hunter, Johnson, Lane, Mickley, Minnis, Mc-
Clellan, McNeilly, Payne, Peters, Stovail, Thompson, Wood and
Mr. Speaker Newman—14.
So the amendment was lost.
The bill, as amended, then passed its second reading; and,
On motion of Mr. Payne, was made the special order for 9£
o'clock, a. m., to-morrow.
Mr. Hildreth, from the Committee on Enrolled Bills, reported
Senate Bill No. 4, and Senate Resolution No. 16, as correctly
engrossed.
Senate Bill No. 6, to amend the conventional interest act, was
passed over informally.
Mr. Peters introduced Senate Bill No. 9, to maintain the defense
of the State ; which passed its first reading, and was referred to
the Joint Select Committee on Military Affairs.
On motion of Mr. Stokely, the Senate adjourned until to-morrow
morning, 9 o'clock.
11
14
WEDNESDAY, JANUARY 16, 1861.
The Senate met pursuant to adjournment.
The Journal of yesterday was read and approved.
Mr. Minnis, from the Judiciary Committee, returned Senate
Bill, No. 2, entitled the appraisement law, and asked to be dis-
charged from its further consideration.
Mr. Richardson returned Senate Resolutions, No. 9, approving
Mr. Crittenden's proposition for an adjustment of political difficul-
ties, with an amendment.
Mr. Thompson offered the following resolutions, (Senate Reso-
llutions, No. 17,):
Whereas, The election of Mr. Lincoln to the office of Presi-
53
dent and of Mr. Hamlin to the office of Vice-President of the
United States, by a party entirely sectional in its organization,
and based upon principles hostile to the interest, honor, and
prosperity of the South; and whereas, the increasing strength of
this sectional party in the Northern States since 1856, having in-
spired its leaders and their fanatical followers with almost an
insane ^determination of purpose to accomplish the great objects
of its organization, viz: the ultimate extinction of African slavery,
and the equality of the negro with the white man, by an open
violation of every principle as set forth in the preamble to the
Constitution, and, also, in violation of the provisions of that in-
strument; and whereas, the General Government was created
and formed by a compact of the States, and all its powers being
derived therefrom, possessing only such powers as were conceded
by the States, the States having retained all the powers to them-
selves that were not ceded to the General Government, and the
power to coerce, or govern a State without its consent, being no-
where to be found in the enumeration of delegated powers to the
Government; and whereas, it was never contemplated by the
framers of our Constitution that sectional parties, with sectional
principles, should ever control the destinies of this country,
therefore,
Resolved by the General Assembly of the State of Tennessee,
That the election of Mr. Lincoln is an evidence of the overpow-
ering strength of a sectional party, with the avowed declaration
of hostility to the institution of African slavery as it exists in the
South, and the fact of its overshadowing influence upon our en-
tire country, and the previous wrongs and aggressions of that
party, is a sufficient cause for Tennessee to sever her connection
with the Union, and to re assume to herself ail the powers ceded
to the General Government, and to assume an independent sov-
ereignty. Her honor, interest, and future welfare impels her to
this course.
Resolved, That the glorious example of South Carolina, Ala-
bama, Flori a, and Mississippi, and the other Cotton States, are
worthy of emulation by Tennessee; and we anxiously await the
time when she will, like them, throw off the shackles of bondage
which the approaching Black Republican despotism will so griev-
ously oppress her, and take her proud position with them as an
independent sovereignty.
Resolved, That when Tennessee, in connection with other
Southern States, shall have declared their separate independence,
that we earnestly desire a United Southern Confederacy, based
upon the Constitu ion of our fathers.
Resolved, That any attempt on the part of the General Gov-
ernment to coerce the seceding States, will be an assumption of
power it does not legitimately possess, and our Representatives
in Congress are hereby requested, and our Senators instructed to
54
use every means within their power to prevent the same; failing
in which, they are hereby requested and instructed to return home
to their constituents.
The resolutions lie over under the rule.
On motion of Mr. Bradford, Senate resolutions, Nos. 12, 13 and
14, were passed over informally.
senate bills on third reading.
Senate Bill, No. 1, to call a Convention of the people of Ten-
nessee, was taken up on third reading, and,
On motion of Mr. Nash, was indefinitely postponed.
Senate Bill, No. 2, entitled the appraisement law, was taken up
on its third reading.
Mr. Lane moved to amend the first section of the bill, by in-
serting after the word property, in the last line, the words, " after
being sworn which motion was agreed to.
Mr. Bumpass moved to postpone the further consideration of
the bill, and make it the special order for to-morrow at 10 o'clock ;
which was disagreed to on a division.
Ayes 11
Noes 11
Mr. Stokely moved to strike out, in the second section of the
bill, the words ''two-thirds," and insert full value; on which
motion he demanded the ayes and noes, which were ordered and
resulted :
Ayes 6
Noes 17
Senators voting in the affirmative are :
Messrs. Allen, Bradford, McClellan, Nash, Stanton and Stokely
—6.
In the negative:
Messrs. Bumpass, Hildreth, Horn, Hunter, Johnson, Mickley,
Minnis, McNeilly, Payne, Peters, Richardson, Stovall, Thompson,
-Trimble, Wood, and Mr. Speaker Newman—17.
Mr. Minnis offered the following amendment:
Sec. —. Be it further enacted, That in all cases of the levy of
executions it shall be the duty of the officer making the levy, if
required by the execution debtor or debtors, to levy first on real
estate, where any of the parties defendant in said executions own
real estate unincumbered.
Pending the adoption of the amendment, Mr. Nash moved to
recommit the bill, with the pending amendments, to the Commit-
tee on the Judiciary,
On the adoption of which motion, Mr. Johnson demanded the
ayes and noes, which were ordered and resulted—
55
Ayes
Noes
9
14
Senators voting in the affirmative are :
Messrs. Allen, Boyd, Bradford, Horn, Nash, Richardson, Stan-
ton, Stokely and Mr. Trimble—9.
In the negative:
Messrs. Hildreth, Hunter, Johnson, Lane, Mickley, Minnis, Mc-
Clellan, McNeilly, Payne, Peters, Stovall, Thompson, Wood and
ML Speaker Newman—14.
So the Senate refused to recommit the bill.
Mr. Stovall moved to lay the amendment offered by Mr. Min-
nis on the table; which motion was agreed to.
Mr. Stanton offered the following amendment:
Sec. —. Be it further enacted, That the basis of valuation to be
observed by said Commissioners shall be the cash value of the
property, or like property, at or about the time of the contract
between the parties upon which the judgment was, or shall have
been rendered.
Which amendment was adopted.
Mr Bradford moved that the vord " provided" be inserted be-
fore the word " deaith," in the third section ;. which was agreed to.
The bill, as amended, then passed its third reading.
Ayes 16
Noes 8
Senators voting in the affirmative are :
Messrs. Bradford, Hildreth, Horn, Hunter, Johnson, Lane, Mick-
ley, Minnis, McClellan, McNeilly, Peters, Richardson, Stanton,
Stovall, Thompson and Mr. Wood—16.
In the negative:
Messrs. Allen, Boyd, Bumpass, Nash, Payne, Stokely, Trimble
and Mr. Speaker Newman—8.
Mr. Bradford entered a motion to reconsider the vote passing
the bill.
A message was received from the House of Representatives, by
their Clerk, Mr. Campbell, as follows
Mr. Speaker:
The Speaker cf the House of Representatives has signed the
following enrolled joint resolutions, and the same are herewith
transmitted for the signature of the Speaker of the Senate, viz :
Joint resolution raising a committee of both Houses to take into
consideration that portion of the Governor's Message in relation
to the political condition of the country ;
Joint resolution raising a committee of both Houses to take into
consideration that part of the Governor's Message in relation to
the military laws;
56
Joint resolution raising a committee of both Houses to take into
consideration that portion of the Governor's Message in relation
to the pecuniary distress of the people;
Joint resolution requesting the Supervisor of Banks to furnish
to this General Assembly his report as to the condition of the
Banks.
The House of Representatives has adopted House Resolution
No. 44, requesting the Governor to enquire of the Banks of Ten-
nessee as to whether they will loan money to the State in the
present crisis.
Also, House Resolution No. 38, deploring the action of the New
York Legislature in tendering men and money to the President,
for the purpose of coercion, and giving assurance that should New
York send an armed force on the soil of the South, Tennessee
will make resistance.
Said resolutions are herewith immediately transmitted to the
Senate for further action thereon.-
The hour of 9-§- o'clock having arrived, the special order of the
day for that hour, being House Bill No. 3, to provide for the call-
ing of a Convention of the people of Tennessee, was taken up on
third reading.
Mr. Stovall moved to amend by striking out the 7th section and
inserting the following :
Be it jurther enacted, That in submitting the question of a
Convention to the people, they shall have written or printed on
their ballots for delegates, the words " Convention," or " No Con-
vention," and if the number of votes cast for a Convention be
greater than the votes cast against a Convention, then there shall
be a Convention.
Which amendment was adopted.
Mr. Stokely moved to strike out " twenty days," in the 8th sec-
tion ; which was agreed^ to.
Mr. Payne offered the following amendment to be added to the
8th section :
And it shall be the duty of the Governor immediately to an-
nounce the day of election by proclamation, and to notify the of-
ficers of the different counties thereof; and it shall be the duty of
said officers, authorized to hold said election, to give notice of at
least twenty days, as is done in other cases of election.
Pending the consideration of the amendment, on motion of Mr.
Trimble, the bill and amendments were referred to a special com-
mittee, composed of Messrs. Lane and Stokes.
The hour of ten o'clock having arrived, the special order for
that hour was taken up—being Senate Resolution -No. 4, upon the
rights and duties of the States, and the exercise of coercive pow-
ers by the General Government.
Mr. Payne withdrew Senate Resolution No. 10, in regard to
57
cabinet appointments by the President elect, and offered it as an
amendment to the resolution under consideration.
Pending the consideration of the resoluiion and amendments, a
message was received from the Governor, by the hands of J. E. R.
Ray, Secretary of State, as follows :
Executive Department, )
January 16, 1861. \
Grentlemen of the Senate and
House of Representatives:
The Sinking Fund act of 1855-6, contemplating the investment
of the tund, as paid in, in the internal improvement bonds of the
State, at par, by which means the entire railroad debt of the State
would have been extinguished before maturity. The act of 1859 60,
repealing the above recited act, was intended, and will accom-
plish the same result.
But the Commissioners have invested the fund paid in under
the act of 1855-6 in bonds at a discount of from eight to twenty-
five per cent., by which much more of the debt has already been
extinguished than the act contemplated. In view of which fact,
and the failure of crops, derangement and prostration of com-
merce, and general financial distress in all the departments of
business, it is certainly a hardship upon the ynilroad companies of
the State to be compelled to pay, in these times of universal pe-
cuniary distress, any part of the principal of a debt which does
not fall due for thirty years.
I, therefore, respectfully recommend the passage of ah act sus-
pending the operations of the sinking fund law for the term of one
year from this date, by which time another crop will have been
made, and it may be reasonably hoped these companies will be in
a condition to pay their sinking fund without material inconveni-
ence or injury, and if the law is rigidly enforced after this sus-
pension, as it has been heretofore, it will still extinguish the debt
by maturity.
Having learned from a portion of the people of the city of
Nashville, and one of the Representatives of the county of Da-
vidson, that the passage of an act authorizing the corporation of
the city of Nashville to endorse certain income bonds of the Edge-
field and Kentucky Railroad Company, is desired by them and
important to said company, at their instance I submit the question
to your discretion.
The general internal improvement law makes it the duty of
the Governor to appoint " Receivers to take charge of the roads
and effects" of Railroad Companies in certain contingencies, but
the law fixes no salary' or compensation for such service.
The fact that the duties and responsibilities of the Receiver are
much greater on some roads than on others, requires that the
compensation of Receiver in each case to depend to a great ex-
58
tent upon the character of duties and amount of responsibility
imposed upon him.
I, therefore, recommend that you pass an act, fixing the salary
of Receivers, or conferring upon some officer of the Government
the power of fixing the compensation in each case.
Regretting, as I do, the necessity of multiplying the subjects of
legislation at an extra session, I have carefully avoided opening
the fruitful field of internal improvements, and confined myself
strictly to the Sinking Fund law, the salary of Railroad Receiv-
ers, and authorizing the corporation of Nashville to endorse the
income bonds of the Edgefield and Kentucky Railroad Company,
if it should see proper to do so; which questions are respectfully
submitted to your consideration.
ISHAM G. HARRIS.
On motion of Mr. Johnson, seventy-five copies of the Message
were ordered to be printed for the use of the Senate.
On motion of Mr. Trimble, the message was referred to a Spe-
cial Committee of five.
The Speaker appointed Messrs. Trimble, Richardson, Johnson,
Bradford and Peters, on said committee.
Mr. Hildreth offered the following resolution, (Senate Resolu-
tion, No. 17):
Resolved by the Gceneral Assembly of the State of Tennessee, That
Jno. W. Roberts, former revenue collector of Overton county for
the year 1859, is hereby released from all damages forfeited, and
he is allowed the commissions forfeited on revenue collected and
paid over for that year.
The resolution lies over under the rule.
On motion of Mr. McNeilly, the Senate adjourned until to-
morrow morning 10 o'clock.
THURSDAY, JANUARY 17, 1861.
The Senate met pursuant to adjournment.
Prayer was offered by the Rev. Mr. Hays.
Journal of yesterday was read and approved.
Mr. Lane, from the Special Committee to whom was referred
House Bill, No. 3, for a Convention of the People of Tennessee,
returned the bill with an amendment.
59
A message from the House of Representatives was received by
Mr. Campbell, their Clerk, as follows :
Mr. Speaker:
The House of Representatives has passed upon third and last
reading, House Bill, No. 15, to prevent the sacrifice of personal
property ; and the same is herewith transmitted for the action of
the Senate thereon.
The House of Representatives has adopted House Resolution,
No. 46, directory to the Comptroller; also. House Resolution, No.
14, for the relief of tax payers ; both of which are herewith
transmitted for the action of the Senate thereon,
Mr. AJinnis presented a package of tickets from the Nashville
and Chattanooga Railroad Company, securing to the members
and officers of the Senate free passage over that road during the
present session of the Legislature.
On motion of Mr. Lane, the thanks of the Senate were re-
turned to the President and officers of the Nashville and Chatta-
nooga Railroad Company for the courtesy extended.
On motion of Mr. Stokely, the unfinished business of yesterday
was suspended; and
House Bill, No. 3, for a Convention of the People of Tennes-
see, was taken up on third reading.
On motion of Mr. Stokely, the biank created by striking out in
the eighth section, the words," twenjty days,'? was filled by inserting
forty days.
The following amendment submitted by the Special Commit-
tee, was adopted :
Add to the 8th section, and on not less than twenty days notice
of the time and places of voting to be given by the sheriffs or
officers in all the counties in the State.
Mr. Bradford moved to strike out in the 3d section of the bill,
the words, " twenty one," and insert twenty-five; which motion
was agreed to.
Mr. Hildreth moved to insert in the 4th section, after the word
delegates, the words " Convention" or "No Convention "' which
motion prevailed.
The bill as amended, then passed its third reading.
Ayes >25
Noes * 00
The ayes and noes being constitutionally required.
Senators voting in the affirmative are :
Messrs. Allen, Boyd, Bradford, Bumpass, Hildreth, Horn, Hun-
ter, Johnson, Lane, Mickley, Minnis, McClelland, Nash, Payne,
Peters, Richardson, Sianton, Stokes, Stokely, Stovall, Thompson,
Trimble, Wood and Mr. Speaker Newman—25.
In the negative—None.
60
On motion of Mr. Bradford, the rule was suspended, and the
bill ordered to be returned to the House of Representatives.
Mr. Richardson, from the Special Committee to whom was re-
ferred the Governor's Message, reported back the sanie, and in-
troduced,
Senate Bill, No. 10, for the relief of Railroad Companies and
Receivers ; which passed its first reading.
The Senate then resumed the consideration of the unfinished
business of yesterday, being Senate Resolution, No. 4, entitled,
Resolutions in relation to the rights and duties of the States, and
the exercise of coercive measures by the General Government.
Pending the question on the adoption of the resolution,
On motion of Mr. Trimble, the Senate adjourned until to-mor-
row morning 10 o'clock.
FRIDAY, JANUARY 18, 1861.
The Senate met pursuant to adjournment.
Prayer was offered by the Rev. Mr. Fall.
The Journal of yesterday was read and approved.
A message was received from the House of Representatives by
Mr. Campbell, their clerk, as follows :
Mr. Speaker :
The House of Representatives has amended and adopted Sen-
ate Resolution No. 8, for the relief of Ed. Willis, of Wilson county ;
has adopted without amendment Senate Bill No. 3, to amend the
charter of the Bank of West Tennessee ; also, Senate Resolution
No. 16, on federal relations.
All of which are herewith returned to the Senate.
Mr. Peters offered the following resolution, (Senate? Resolution
No. 18):
Resolved by the General Assembly of the State of Tennessee, That
it is the sense of this General Assembly, that the Convention,
when assembled, should appoint twelve delegates, one from each
Congressional District, and two from the State at large, to meet
delegates from other Southern States in a General Convention,
for the purpose of determining the proper course of action, and
for adopting measures for common safety and defense, or for re-
constructing the Government on a solid and permanent basis.
61
On motion of Mr. Peters, the rule was suspended, and the reso-
lution taken up, and referred to the Joint Select Committee on
Federal Relations.
On motion of Mr Payne, the consideration of the unfinished
business of yesterday was suspended, and
House Resolution No. 38, in regard to the action of the Legis-
lature of the State of New York, in tendering men and money to
the President of the United States, was taken up for consideration.
Mr. Trimble moved to refer the resolution to the Joint Select
Committee on Federal Relations.
Pending the question on the motion, a message was received
from the House of Representatives by their clerk, Mr. DeWolf, as
follows:
Mr. Speaker :
I herewith return to the Senate House Bill, No. 3, to provide for
a Convention of the people of Tennessee. The House has con-
curred in all the Senate amendments except amendments Nos. 1
and 2, in which they non-concurred.
On motion of Mr. Hildreth, the pending business was suspend-
ed, and the House message taken up.
On motion of Mr. Hildreth, the Senate receded from its amend-
ment No. 1, on a division—ayes 15, noes 10.
On motion of Mr. Lane, the Senate insisted on its amendment
No. 2 to said bill.
On motion of Mr. Stovall, the Senate asks for a Committee of
Conference on said amendment.
The Speaker appointed Messrs. Stovall, Lane, and Stokes on
said Committee of Conference on the part of the Senate.
Pending the consideration of House Resolution No. 38,
On motion of Mr. Hildreth, 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.
Mr. Thompson moved a call of the Senate; which was ordered,
and resulted in showing the following Senators absent, viz:
Messrs. Boyd, Hunter, Mickley, McNeilly, Peters, Richardson,
and Stokes—7.
On motion of Mr. Thompson, the doorkeeper was dispatched
for absentees.
62
A quorum being present, the Senate resumed the consideration
of House Resolution No. 38, the question being upon the motion
of Mr. Trimble, to refer the resolution to the Joint Select Com-
mittee on Federal Relations ; which motion was disagreed to.
Mr. Newman (Mr. Bradford in the Chair) moved to amend the
second resolution by inserting the word "General" before the
word Assembly; which motion was agreed to.
Mr. Stokely moved to amend the first resolution by striking out
the words "to coerce sovereign States of the South," and inserting
" to assist the President in the enforcement of the laws."
On the adoption of the amendment, Mr. Wood demanded the
ayes and noes ; which were ordered, and resulted:
Ayes
Noes
Senators voting in the affirmative are:
Messrs. Bradford, Horn, Nash, Stokely and Mr. Trimble—5.
In the negative:
Messrs. Allen, Boyd, Bumpass, Ilildreth, Johnson, Lane, Min-
nis, McClellan, McNeilly, Payne, Peters, Stokes, Stovall, Thomp-
son, Wood and Mr. Speaker Newman—16.
So the amendment was disagreed to.
The question recurring upon the adoption of the resolutions,
Mr. Payne demanded the ayes and noes.
Ayes 17
Noes 5
Senators voting in the affirmative are:
Messrs. Allen, Bradford, Bumpass, Hildreth, Johnson, Lane,
Minnis, McClellan, McINeilly, Payne, Peters, Stanton, Stokes,
Stovall, Thompson, Wood and Mr. Speaker Newman—17.
In the negative:
Messrs. Boyd, Horn, Nash, Stokely and Mr. Trimble—5.
So the resolutions were adopted.
On motion of Mr. Payne, the rules were suspended, and the
resolutions ordered to be returned to the House of Representa-
tives.
On motion of Mr. Thompson, the unfinished business of yester-
day, being Senate Resolution No. 4, on the powers and duties of
the States, and the exercise of coercive powers by the General
Government, was postponed until to-morrow morning, at 10J
o'clock.
On motion of Mr. Bradford, his motion to reconsider the vote
passing Senate Bill, No. 2, in regard to an appraisement law, on
its third reading, was taken up, and the motion agreed to.
On motion of Mr. Bradford, the bill was referred to the Jddi-
ciary Committee, with instructions to report to-morrow morning.
Mr. McClellan, from the Joint Select Committee on Military
5
16
63
Affairs, reported back Senate Bill No. 9, to maintain the defence
of the State, and asked to be discharged from *s farther consider-
ation.
On motion of Mr. Mc.Clellan, the bill was referred to the Com-
mittee on Ways and Means.
Senate Resolution, No. 12, proposing an address to the Northern
and Southern States, for the purpose, if possible, of saving the
Union from dismemberment, was taken up and adopted ; and,
On motion of Mr. Bradford, was ordered to -be transmitted to
the House of Representatives.
Senate Resolution, No. 13, to discourage Commercial Inter-
course with the citizens of the Northern States, was taken up.
Mr. Minnis moved to strike out the word "charity" in the
tfiird clause of the preamble; which motion was agreed to.
On the adoption of the resolution, 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, Minnis,
McClelland, McNeilly, Peters, Stanton, Thompson, Wood and Mr.
Speaker Newman—12.
In the negative:
Messrs. Allen, Boyd, Horn, Nash and Stokely—5,
So the resolution was adopted.
On motion of Mr. Bumpass, the rule was suspended, and the
resolution ordered to be enrolled and transmitted to the House of
Representatives.
house bills on first reading.
House Bill, No. 14, for the relief of tax payers of the State;
passed first reading.
Hcmse Bill, No. 15, to prevent the sacrifice of Personal Proper*
ty; passed first reading, and
On motion of Mr. Stokely, was referred to the Committee on
the Judiciary.
A message was received from the Blouse of Representatives by
their Clerk, Mr. Campbell, as follows:
Mr. Speaker :
The Speaker of the House has appointed Messrs. Jones, Gantt,
Hurt, Dudley and Lea, to meet in conference Senate Committee,
to consider Senate amendment No. 2, to House Bill, No. 3, for a
Convention of the People of Tennessee.
House Resolution, No. 44, directory to the Governor of the
State, was taken up and adopted, and
12
5
64
On motion of Mr. Johnson, the rule was suspended, and the
resolution ordered^o be returned to the House for enrolment.
House Resolution, No. 46, directory to the Comptroller of the
Treasury, was taken up.
Mr. Stokely moved to amend, by striking out the word " House"
in the resolution, and inserting General Assembly; which motion
was agreed to.
The resolution as amended, was adopted.
On motion of Mr. Bumpass, the rule was suspended, and the
resolution ordered to be returned to the House of Representa-
tives.
On motion of Mr. Hildreth, the rule was suspended, and,
Senate Resolution, No. 17, to relieve J. W. Roberts, tax collec-
tor for Overton county, was taken up and adopted.
Ayes 16
Noes 1
Senators voting in the affirmative are :
Messrs. Allen, Bradford, Bumpass, Hildreth, Horn, Hunter,
Johnson, Minnis, McClellan, McNeilly, Peters, Nash, Stanton,
Stokely, Thompson, Wood and Mr. Speaker Newman—16.
In the negative:
Mr. Boyd—1.
On motion of Mr. Hildreth, the rule was suspended, and the
resolution ordered to be engrossed and transmitted to the House
of Representatives.
Mr. Bradford, by consent, withdrew Senate Resolution, No. 14.
SENATE BILLS ON SECOND READING.
Senate Bill, No. 6, to amend the Conventional Interest act;
passed second reading.
Senate Bill, No. 10, for the relief of Railroad Companies and
Receivers; passed second reading.
On motion of Mr. Bumpass, the Senate adjourned until to*mor-
row morning 10 o'clock.
SATURDAY, JANUARY 18, 1861.
The Senate met pursuant to adjournment.
Prayer was offered by the Rev. Mr. Hendricks.
The Journal of yesterday was read and approved.
65
Mr. Hildreth, from the Committee on Enrolled Bills, reported
Senate Resolutions, Nos. 12 and 17, as correctly engrossed.
Mr. Minnis, from the Committee on the Judiciary, returned
Senate Bill, No. 2, in regard to an Appraisement Law ; and
House Bill, No. 15, to prevent the sacrifice of Personal Property,
and asked to be discharged from their further consideration.
Mr. Stovall, from the Committee on Conference on Senate
amendment No. 2, to House Bill, No. 3, for a Convention of the
People of Tennessee, reported that the committee had had the
same under consideration, and a majority recommended that the
Senate recede from said amendment.
On motion of Mr. Lane, the report of the committee was taken
up, and the same concurred in, and the Senate receded from its
amendment to the bill.
On motion of Mr. Stovall, the rule was suspended, and the bill
ordered to be returned to the House of Representatives for enrol-
ment. ,
Mr. Stanton moved to reconsider the vote ordering the trans-
mission of Senate Resolution, No. 13, to discourage Commercial
Intercourse with citizens of the Northern States ; which motion
was agreed to.
Mr. Stanton then moved to reconsider the vote adopting said
resolution; on which motion he demanded the ayes and noes,
which were ordered, and resulted :
Ayes
Noes
Senators voting in the affirmative are:
Messrs. Allen, Boyd, Bradford, Bumpass, Hildreth, Horn, Nash,
Richardson, Stanton, Stokes, Stokely, Trimble, and Mr. Speaker
Newman—13.
In the negative :
Messrs. Hunter, Johnson, Lane, Minnis, McClellan, McNeilly,
Payne, Stovall, Thompson, and Mr. Wood—10.
So the motion to reconsider prevailed.
The question recurring upon the adoption of the resolution,
Mr. Stanton demanded the ayes and noes, which were ordered,
and resulted:
Ayes
Noes
Senators voting in the affirmative are :
Messrs. Bradford, Bumpass, Hildreth, Hunter, Johnson, Lane,
Minnis, McClellan, McNeilly, Payne, Stovall, Thompson, Wood,
and Mr. Speaker Newman—14.
In the negative:
Messrs. Allen, Boyd, Horn, Nash, Richardson, Stanton, Stokes,
Stokely, and Mr. Trimble—9.
5 s
13
10
14
9
66
So the resolution was adopted.
Mr. Thompson offered the following resolution, (Senate Resolu-
tion, No. 19,):
Resolved by the General Assembly of the State of Tennessee,
That the Governor telegraph immediately to all the accessible
points in Tennessee, the passage of the Convention Bill, and also
the day and date of holding the Convention, the day of election
irrdelegates, and the time of its meeting.
On motion of Mr. Thompson, 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 :
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 requesting the Governor to make inquiry of
the banks, for the purpose of procuring a loan for the State;
Joint Resolution in relation to a resolution passed by the Leg-
islature of the State of New York, tendering money and men to
the President of the United States, for the purposes of coercion.
Mr. Thompson presented the report of the Supervisor of Banks,
and, on his motion, the same was ordered to lie on the table, and
two hundred copies ordered to be printed for the use of the Senate.
On motion of Mr. Stokely, the regular order of business was
dispensed with, and Senate Bill, No. 10, for the benefit of Rail-
road Companies and Receivers, was taken up on third reading.
Mr. Newman moved to amend the gecond section of the bill so
as to make the salaries of Receivers payable quarterly; which
motion was agreed to.
The bill then, as amended, passed its third reading.
Ayes 19
Noes 00
The ayes and noes being constitutionally required ;
Senators voting in the affirmative are :
Messrs. Boyd, Bradford, Bumpass, Horn, Hunter, Johnson,
Lane, Minnis, McClellan, McNeilly, Nash, Payne, Richardson,
Stanton, Stokes, Stokety, Stovall, Thompson, and Mr. Speaker
Newman—19.
On motion of Mr. Stokely, the rule was suspended and the bill
ordered to be engrossed and transmitted to the House of Repre-
sentatives.
Mr. IJildreth, from the Committee on Enrolled Bills, reported
Senate Resolution, No. 13, as correctly engrossed.
67
INTRODUCTION OF BILLS.
Mr. Bumpass introduced Senate Bill, No. 11, to incorporate
the southern Savings Institution of Memphis.
Passed first reading.
Mr. Hildreth introduced Senate Bill, No. 12, for the relief of
justices of the peace.
Passed first reading.
Mr. Payne introduced Senate Bill, No. 13, to amend an act
passed 23d March, 1860, entitled " an act to encourage the use of
private capital."
Passed first reading.
Mr. Payne'introduced Senate Hill, No. 14, " to encourage foreign
importations."
Passed first reading.
Mr. Bradford introduced Senate Bill, No. 15, for the relief of
parties who appeal from an inferior to a superior court.
Passed first reading; and, on motion of Mr. Bradford, referred
to the Committee on the Judiciary.
Mr. Hildreth, from the Committee on Enrolled Bills, reported
Senate Resolution, No. 19, and Senate Bill, No. 10, as correctly
engrossed, and the act to amend the charter of the Bank of West
Te nnessee, and Senate Resolution, No. 16, as correctly enrolled.
Mr. Stokely moved that 250 copies of the bill for a Convention
of the people of Tennessee be printed for the use of the Senate.
Mr. iVlinnis moved to amend the motion by substituting 500
copies; which motion was adopted.
The motion as amended was then adopted.
The [Senate then resumed the consideration of the unfinished
business of yesterday, being Senate Resolution, No. 4, upon the
rights and duties of the States, and the exercise of coercive pow-
ers by the General Government.
Pending the further consideration of which, the Senate ad-
journed until Monday morning, 10 o'clock.
MONDAY, JANUARY 21, 1861.
The Senate met pursuant to adjournment.
The Journal of yesterday was read and approved..
Mr. Payne, from the Joint Select Committee on Federal Rela-
tions, reported back Senate Resolution No. 15, calling a Conven-
68
tion of the Southern State?, and asked to be discharged from its
further consideration, the Committee having reported Resolutions
to the House of Representatives embodying the same ground.
Mr. Stokely offered Senate Resolution No. 20, as follows: for
the relief of the tax payers of the State:
Whereas, This General Assembly has enacted a law authori-
izing a State Convention for the purpose of considering our Fed-
eral relations, and to take such steps as said Convention may
think proper for the vindication of our rights and honor; and
whereas, it is thought that no law can- be passed by this General
Assembly interfering with the obligation of previous contracts, so
as to afford any considerable relief to the people; and whereas,
we have it in our power to stop the expenses of this body, which
will relieve the people of considerable taxes; therefore,
Resolved, That this General Assembly adjourn sine die, on Mon-
day, the 28th instant, at 12 o'clock M.
On motion of Mr. Payne, the rule was suspended, and the res-
olution taken up.
Mr. Payne moved to amend the resolution by striking out the
preamble.
On which motion, Mr. Minnis demanded the ayes and noes,
which were ordered and resulted—
Ayes 15
Noes 8
So the motion was agreed to, and the preamble stricken out,.
Senators voting in the affirmative are:
Messrs. Hildreth, Hunter, Johnson, Minnis, McClellan, McNeil-
3y, Payne, Peters, Richardson, Stanton, Stokes, Stovall, Thompson,
Trimble and Mr. Wood—15.
Jn the negative:
Messrs. Boyd, Bradford, Bumpass, Hornt Lane, Nash, Stokely
and Mr. Speaker Newman—8.
On motion of Mr. Payne, the caption of the resolution was
stricken out and the following substituted: a resolution to adjourn
sine die on Monday, the 28th instant.
Mr. Lane demanded the previous question; which was sus-
tained.
The resolution, as amended, 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.
Mr. Stovall entered a motion to reconsider the vote ordering
the transmission of the resolution to the House.
Mr. Stanton offered the following resolution, (Senate Resolution
No. 21,):
Resolved by the G-eneral Assembly of the State of Tennessee,
69
That it is the doty of the Federal Executive of the Government
of the United States, to execute the fugitive slave law in any or
all of the States, without any regard whatever to the existence of
personal liberty laws in any of said States, and that we hereby
instruct our Senators, and request our Representatives in Congress
to present a resolution in Congress declaratory of the doctrine
aforesaid, in order that the sense of Congress as to the sentiment
of members, both North and South, may be ascertained.
Resolved, That a copy of these resolutions be forwarded to
each of our said members in Congress by the Governor of this
State.
The resolutions lie over under the iule.
Mr. Payne introduced Senate Bill No. 16, incorporating a Mili-
tary Department in Andrew College.
Passed first reading.
Mr. Lane introduced Senate Biil No. 17, for the relief of tax
payers.
Passed first reading.
Mr. Wood introduced Senate bill No. 18, to enable the State of
Ten nessee to repel invasion and suppress insurrection.
Passed first reading.
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 57, directory to the Commissioners of the Capitol and Capitol
Grounds, and ordered its immediate transmission to the Senate
for concurrence, and the same i* herewith transmitted.
Mr. McClellan, from the Joint Select Committee on Military Af-
fairs, reported as follows:
The Joint Select Committee on Military Affairs have had under
consideration Senate Bill No. 7, to incorporate the Memphis Light
Dragoons, and have instructed me to recommend the striking out
of the fifth section, and then the passage of the bill.
GEO. R. McCLELLAN, Chairman.
On motion of Mr. Wood, thi rule was suspended, and Senate
Bill No. 6, to amend the conventional interest act, was taken up
on its third reading.
Mr. Newman, (Mr. Lane in the Chair,) offered a bill in lieu,;as
follows:
Be it enacted hy the General Assembly of the State of Tennessee,
That an act passed 21st day of February, 1860, be, and the same
is hereby repealed ; and that this act take effect from and after its
passage.
On the adoption of the bill in lieu, Mr. Newman demanded the
ayes and noes, which were ordered and resulted—
70
Ayes.
Noes
12
12
Senators voting in the affirmative are:
Messrs. Allen, Boyd, Bradford, Hildreth, Minnis, McClellan,
McNeilly, Nash, Peters, Stanton, Stokely and Mr. Speaker New-
man— 12.
In the negative :
Messrs. Bumpass, Horn, Hunter, Johnson, Lane, Payne, Rich-
ardson, Stokes, Stovall, Thompson, Trimble and Mr. Wood—12.
So the bill in lieu was rejected.
Mr. Hildreth offered the following section in lieu of section one
of the bill:
Section 1. Be it enacted by the General Assembly of the State of
Tennessee, That the first section of an act passed the 21st of Feb-
ruary, 1860, chapter 41, being an act to amend the usury laws of
the State, and to establish a conventional rate of interest, be, and
the same are hereby repealed, except the enacting clause.
On the adoption of the amendment, Mr. Wood demanded the
ayes and noes, which were ordered and resulted:
Ayes 8
Noes * '15
Senators voting in the affirmative are :
Messrs. Allen, Boyd, Bradford, Hildreth, Lane, McClellan, Mc-
Neilly and Nash—8.
In the negative:
Messrs. Bumpass, Horn, Hunter, Johnson, Minnis, Payne,
Peters, Richardson, Stanton, Stokes, Stovall, Thompson, Trimble,
Wood and Mr. Speaker Newman—15.
So the amendment was rejected.
Pending the question on the passage of the bill,
On motion of Mr. Richardson, it was referred to the Judiciary
Committee, with instructions to report to-morrow morning.
House Message, returning Senate Resolution, No. 8, for the
relief of Ed. Willis, of Wilson county, with sundry amendments,
was taken up, and the amendments were severally concurred in.
On motion of Mr. Bradford, the rule was suspended, and the
resolution ordered to be enrolled.
A message was received from the House of Representatives by
Mr. Campbell, their Clerk, as follows :
Mr. Speaker :
The Speaker of the House of Representatives has signed en-
rolled act, for a Convention of the People of Tennessee ; and the
same is herewith transmitted for the signature of the Speaker of
the Senate.
The House of Representatives has considered and adopted Sen-
71
ate Resolution, No. 17, for the relief of J. W. Roberts ; and the
same is herewith returned for enrolment.
On motion of Mr. Payne, the Senate took a recess until 2
o'clock.
AFTERNOON SESSION.
The Senate was called to order at 2 o'clock by the Speaker.
The various resolutions upon Federal Relations, were passed
over informally.
House Resolution, No. 5, directory to the Commissioners of the
Capitol, was taken up and adopted, and,
On motion of Mr. Bradford, was ordered to be returned to the
House of Representatives for enrolment.
I ouse Bill, No 14, for the relief of Tax-payers of the State ;
passed second reading.
House Bill, No. 15, to prevent the sacrifice of Personal Estate ;
passed second reading.
SENATE BILLS ON SECOND READING.
Senate Bill, No. 7, to incorporate the Memphis Light Dragoon
Company.
The recommendation of the Joint Select Committee on Military
Affairs, to strike out the fifth section, was concurred in, and the
section stricken out.
The bill as amended, then passed its second reading.
Senate Bill, No. 11, to incorporate the Southern Savings Insti-
tution of Memphis; passed second reading.
Senate Bill, No. 12, for the relief of Justices of the Peace;
passed second reading.
Senate Bill, No. 13, to amend an act passed 23d of March,
1860, entitled " An act to encourage the use of Private Capital
passed second reading.
Senate Bill, No. 14, encourage Foreign Importations ; passed
second reading, and,
On motion of Mr. Richardson, was referred to the Committee
on the Judiciary.
Senate Bill, No. 15, for the relief of parties who appeal from
an Inferior to a Superior Court; passed second reading, and,
On motion of Mr. Trimble, was referred to the Committee on
the Judiciary.
72
senate bills on third reading.
Senate Bill, No. 2, entitled the Appraisement Law, was taken
up on third reading.
Mr. McNeilly offered the following amendment:
Sec.—. Be it further enacted, Thai the property so advertised
shall be sold when offered for sale the third time, irrespective of
the valuation ; which amendment was adopted.
Mr. Payne offered the following amendment:
Sec. —. Be it further enacted, That all laws giving the benefit
of stay on judgments before justices of the peace by giving se-
curity, be, and the same are hereby repealed : Provided, That
this section shall not take effect until after the 1st of January,
1862, and shall only apply to contracts made Iroin and after the
passage of this act.
On the adoption of the amendment, Mr. Payne demanded the
ayes and noes, which were ordered and resulted:
Ayes 2
Noes 21
Senators voting in the affirmative are:
Messrs Lane and Payne—2.
In the negative :
M essrs. Allen, Boyd, Bradford, Bumpass, Hildreth, Horn, Hun-
ter, Johnson, Minnis, McClellan, McNeilly, Nash, Peters, Richard-
son, Stokes, Stokely, Stovall, Thompson, Trimble, Wood and Mr.
Speaker Newman—21.
So the amendment was rejected.
Mr. Stokes moved to refer the bill to the Committee on the Ju-
diciary; which motion was disagreed to on a division.
Ayes 10
Noes 10
Mr. Bradford moved to strike out the amendment offered by Mr.
Stanton, and adopted on the second reading of the bill, on which
motion he demanded the ayes and noes, which were ordered and'
resulted:
Ayes 8
Noes 15
Senators voting in the affirmative are:
Messrs. Boyd, Bradford, Hildreth, Horn, Nash, Payne, Richard-
son and Mr. Stokes—8.
In the negative :
Messrs. Allen, Bumpass, Hunter, Johnson, Lane, Minnis, Mc-
Clellan, McNeilly, Peters, Stokely, Stovall, Thompson, Trimble,
Wood, and Mr. Speaker Newman—15.
So the motion to strike out failed.
The question recurring upon the passage of the bill on its third
reading, resulted:
73
Ayes
Noes
Senators voting in the affirmative are :
Messrs. Hunter, Johnson, Lane, Minnis, McClellan, McNeilly,
Nash, Peters, Stovall, Thompson and Mr. Wood—11.
In the negative:
Messrs. Allen, Boyd, Bradford, Bumpass, Hildreth, Horn, Payne,
Richardson, Stokes, Stokely, Trimble and Mr. Speaker New-
man—12.
So the bill was rejected on its third reading.
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. 51, proposing amendments to the Constitution of the United
States, and ordered its immediate transmission to the Senate for
concurrence, and the same is herewith transmitted.
Mr. Allen asked and obtained leave to withdraw Senate Bill
No. 5, for the relief of the people of the State, for amendment.
Mr. Stovall offered Senate Resolution No. 22, as follows:
Resolved by the General Assembly of the State of Tennessee,
That the Comptroller issue his warrant on the Treasurer of the
State for the sum of fifty dollars, to James R. Gardner, the reve-
nue collector of Obion county, for the year 1859, which sum was
accidently blown into the fire ; all of which appears, from the affi-
davit of S. W. Howard, hereto appended, which affidavit shows
that the money was in bills on the Bank of Tennessee.
The resolution lies over under the rule.
On motion of Mr. Payne, House Resolution No. 51, proposing
amendments to the Constitution of the United States, was taken
up, and fifty copies ordered to be printed lor the use of the
Senate.
On motion of Mr. Richardson, the Senate adjourned until 10
o'clock to-morrow morning.
11
12
TUESDAY, JANUARY 22, 1861.
The Senate met pursuant to adjournment.
The Journal of yesterday was read and approved.
On motion of Mr. Peters, Senate Bill No. 18, to enable the
74
State of Tennessee to repel invasion and suppress insurrection,
was referred to the Committee on Ways and Means.
Mr. Minnis, from the Committee on the Judiciary, reported as
follows:
The Judiciary Committee had under consideration Senate Bill
No. 6, a bill to amend the conventional interest act, and recom-
mend an amendment, that this hct shall continue until the 1st of
December, 1862, and with this amendment the passage of the bill.
They have also had under consideration Senate Bill No. 14, to
encourage foreign importations ; the committee is of opinion this
bill is constitutional, but a majority, upon principles of policy,
recommend its rejection.
They have also had under consideration House Bill, No. 14, a
bill fo the relief of tax-payers of the State, and recommend an
amendment by way of proviso, and with this amendment recom-
mend its passage.
All of which is respectfully submitted.
J. A. MINNIS, Chairman.
Mr. Wood, from the Committee on Ways and Means, reported
as follows:
Mr. Speaker:
The Committee on Ways and Means, to whom was referred
Senate Bill No. 9, to maintain the defense of the State, and Sen-
ate Bill No. 18, to enable the State of Tennessee to repel inva-
sion and suppress insurrection, have had the same under consider-
ation, and a majority of the committee have instructed me to re-
port Senate Bill No. 18, in lieu of Senate Bill No. 9, and recom-
mend its passage.
All of which is respectfully submitted.
EDMUND J. WOOD, Chairman.
. A message was received from the House of Representatives by
their clerk, Mr. Campbell, as follows :
Mr. Speaker:
The House of Representatives has passed on third and last
reading House Bill, No. I, to repeal an act pass d 21st day of
February, 1860, entitled an act to amend the usury laws of the
State and to establish a conventional rate of interest, and the
same is herewith transmitted for the action of the Senate thereon.
The Speaker of the House of Representatives has signed en-
rolled act to amend the charter of the Bank of West Tennessee ;
aho, enrolled^resolution making a request of the President of the
United States, and the authorities of the Southern States, to the
end that, if possible, peace may yet be preserved, both of which
are herewith transmitted to the Senate for the signature of the
Speaker of the Senate.
75
The House of Representatives has considered Senate Resolu-
tion, No. 12, proposing an address to the Southern and Northern
States, for the purpose, if possible, of saving the Union from dis-
memberment, civil war, and anarchy, and non concurred in the
same.
The House of Representatives has considered Senate amend-
ment to House Resolution No. 46, directory to the Comptroller,
and concurred in the same.
The Speaker of the House of Representatives has signed en-
rolled resolution directory to the Comptroller, and the same is
herewith transmitted for the signature of the Speaker of the
Senate.
Mr. Payne moved to suspend the regular order of business, in
order to take up House Resolution, No. 51, proposing amend-
ments to the Constitution of the United States; which motion
was agreed to, and the Resolution taken up, and read as follows:
Resolutions proposing amendments to the Constitution of the United
Statts.
1. Resolved by the General Assembly of the State of Tennessee,
That a convention of delegates from all the slaveholding States
should assemble at Nashville, Tennessee, or such other place as
a majority of the States co-operating may designate, on the fourth
day of February, 1861, to digest and define a basis upon which,
if possible, the Federal Union and the Constitutional rights of
the. slave States may be perpetuated and preserved.
2. Resolved, That the General Assembly of the State of Ten-
nessee appoint a number of delegates to said Convention, of our
ablest and wisest men, equal to our whole delegation in Congress;
and that the Governor of Tennessee immediately furnish copies
of these resolutions to the Governors of the slaveholding States,
and urge the participation of such States in said Convention.
3 Resolved, That in the opinion of this General Assembly,
such plan of adjustment shall embrace the following propositions
as amendments to the Constitution of the United States :
1. A declaratory amendment that African slaves, ps held under
the institutions of the slaveholding States, shall be recognized as
property, and entitled to »he status of other property, in the
States where slavery exists, in all places within the exclusive ju-
risdiction of Congress in the slave States, in all the Territories
south of 36 deg. 30 min., in the District of Columbia, in transit
and whilst temporarily sojourning with the owner in the non-
slaveholding States, and Territories north of 36 deg. 30 min., and
when fugitives from the owner, in the several places above named,
as well as in all places within the exclusive junsdiction of Con-
gress in the non slaveholding States.
2. That in all the territory now owned, or which may be here-
after acquired by the United States, south of the parallel of 36
76
deg. 30 min., African slavery shall be recognized as existing,
and be protected by all the departments of the Federal and Ter-
ritorial Governments; and in all north of that line, now owned,
or to be acquired, it shall not be recognized as existing; and
whenever States formed out of any of said territory south of
said line, having a population equal to t at of a Congressional
District, shall apply for admission into the Union, the same shall
be admitted as slave States; whilst States north of the line,
formed out of said territory, and having a population equal to a
Congressional District, shall be admitted without slavery; but
the States formed out of said territory north and south, having
been admitted as members of the Union, shall have all the pow-
ers over the institution of slavery possessed by the other States of
the Union.
3. Congress shall have no power to abolish slavery in places
under its exclusive jurisdiction, and situate within the limits of
States that permit the holding of slaves.
4. Congress shall have no power to abolish slavery within the
District of Columbia, as long as it exists in the adjoining States
of Virginia and Maryland, or either, nor without the consent of
the inhabitants, nor without just compensation made to such
owners of slaves as do not consent to such abolishment. Nor
shall Congress at any time prohibit officers of the Federal Gov-
ernment, or members of Congress, whose duties require them to
be in said District, from bringing with them their slaves, and
holding them as such during the time their duties may require
them to remain there, and afterwards take them from the District.
5. Congress shall have no power to prohibit or hinder the
transportation of slaves from one State to another, or the Terri-
tory in which slaves are hy law permitted to be held, whether
that transportation be by land, navigable rivers, or by sea.
6. In addition to the fugitive slave clause, provide that when a
slave has been demanded of the Executive authority of the Ntate
to which he has fled, if he is not delivered, and the owner per-
mitted to carry him out of the State in peace, that the State so
failing to deliver, shall pay to the owner the value of such slave,
and such damages as he may have sustained in attempting to re-
claim his slave, and secure his right of action in the Supreme
Court of the United States, with execution against the property
of such State, and of the individuals thereof.
7. No future amendment of the Constitution shall affect the six
preceding articles, nor the third paragraph of the second section of
the first article of the Constitution, nor the third paragraph of the
second section of the fourth article of said Constitution, and no
amendment shall be made to the Constitution which will author-
ize or give to Congress an}7 powrer to abolish or interfere with
slavery in any of the States by whose laws it is or may be allowed
or permitted.
7T
8. That slave property shall be rendered secure in transit
through, or whilst temporarily sojourning in non-slaveholding
States, or Territories, or in the District of Columbia.
9. An amendment to the effect, that, all fugilives are to be
deemed those offending the laws within the jurisdiction of the
State, and who escape therefrom to other States; aynd that it is
the duty of each State to suppress armed invasions of another
State.
Resolved, That, said Convention of the slaveholding States hav-
ing agreed upon a basis of adjustment satisfactory to themselves^
should, in the opinion of this General Assembly, refer it to a Con-
vention of all the States, slaveholding and non slaveholding, in
the manner following:
It should invite a'l States friendly to such plan of adjustment,
to elect delegates in such manner to reflect tiie popular will, to
assemble in a Constitutional Convention of all the States, north
and south, to be held at Richmond, Virginia, on the day of
February, 1861, to revise and perfect such plan of adjustment, for
its reference for final ratification and adoption by a Convention
of the States respectively. „
4. Resolved, That should a plan of adjustment satisfactory to
the South not be acceded to by a requisite number of States to
perfect amendments to the Constitution of the United States, it is
the opinion of this General Assembly that the slaveholding States
should adopt for themselves the Constitution of the United States,
with such amendments as may be satisfactory to the slaveholding
States, and that they should invite into the Union with them all
States of the North which are willing to abide such amended
Constitution and frame of government, severing at once all con-
nections with States refusing such reasonable guarantees to our
future safety; such renewed conditions of Federal Union being
first submitted for ratification to Conventions of all the States
respectively.
5. Resolved, That the Governor of the State of Tennessee fur-
nish copies of these resolutions immediately to the Governors of
the non-slaveholding States.
Mr. Richardson offered the following in lieu of the terms of
adjustment as proposed in the third resolution:
Article I. In all the territory of the United States now held or
hereafter acquired, situated North of latitude thirty-six degrees
and thirty minutes, slavery or involuntary servitude, except as a
punishment for crime, is prohibited, while such territory remains un-
der territorial government. In all the territory South of said line of
latitude slavery of the African race is hereby recognized as existing,
and shall not be interfered with by Congress; but shall be protected
as property by all the departments of the territorial government
during its continuance ; and when any territory, north or South of
said line, within such boundaries as Congress may prescribe, shall
78
ontain the population requisite for a member of Congress, ac-
cording to tbe then Federal ratio of representation of the people
of the United States, it shall, if its form of government be repub-
lican, be admitted into the Union on an equal footing with the
original States, with or without slavery, as the Constitution'of
such new State may provide.
Art. 2 Congress shall have no power to abolish slavery in pla-
ces under its exclusive jurisdiction, and situate within the limits of
States that permit the holding of slaves.
• Art. 3. Congress shall have no power to abolish slavery within
the District of Columbia, so long as it exists in the adjoining States
of Virginia and Maryland, or either, nor without the consent of the
inhabitants, nor w ithout just compensation first made to such owners
of slaves as do not consent to such abolishment. Nor shall Con-
gress at any time prohibit officers of the Federal Government or
members ot Congress, whose duties require them to be in said
District, from bringing with them their slaves, and holding them,
as such, during the time their duties may require them to remain
there, and afterwards taking them from the District.
Art. 4. Congress, shall have no power to prohibit or hinder the
transportation of slaves from one State to another, or to a ter-
ritory in which slaves are by law permitted to be held, whether
that transportation be by land, navigable rivers, or by the sea.
Art. 5. That, in addition to the provisions of the third para-
graph of the second section of the fourth article of the Constitu-
tion of the United States, Congress shall have power to provide
by law, and it shall be its duty to so provide,that the United States
shall pay to the owner who shall apply for it the full value of his
fugitive slave, in all cases, when the marshal or other officer, whose
duty it was to arrest said fugitive, was prevented from so doing
by violence or intimidation, or when, alter arrest, said fugitive
was rescued by force, and the owner thereby prevented and ob-
structed in the pursuit of his remedy for the recovery of his fugi-
tive slave, under the said clause ot the Constitution and the laws
made in pursuance thereof. And in all such cases, when the
United States shall pay for such fugitives, they shall have the
right, in their own name, to sue the county in which said violence,
intimidation or rescue was committed, and to recover from it,
with interest and damages, the amount paid by them for said
fugitive slave." And the said county, after it has paid said
amount to the United States, may, for its indemnity, sue and re-
cover from the wrong doers, or rescuers, by whom the owner was
prevented from tbe recovery of his fugitive slave, in like manner
as the owner himself might have sued and recovered.
Art. 6. No future amendment of the Coustitution shall affect
the five preceding articles, nor the third paragraph of the second
section of the first article,ol the Constitution, nor the third para-
graph of the second section of the fourth article of said Constitu-
79
tion, and no amendment shall be made to the Constitution which
will authorize or give to Congress any power to abolish or inter-
fere with slavery in any of the States by whose laws it is or may
be allowed or permitted.
Pending the question on the adoption of the amendment, Mr.
Hildreth moved that the Senate adjourn until 2 o'clock, P.M.;
which motion was disagreed to, on a division.
Ayes 10
Noes 13
The question recurring upon the adoption of the amendment,
as offered by Mr. Richardson,
Mr. Richardson demanded the ayes and noes, which were or-
dered, and resulted:
Ayes
Noes
Senators voting in the affirmative are :
Messrs. Allen, Boyd, Bradford, Horn, Nash, Richardson, Stokes,
and Mr. Trimble—8.
In the negative:
Messrs. Bumpass, Hildreth, Hunter, Johnson, Lane, Minnis,
McClellan, McNeilly, Payne, Peters, Stanton, Stokely Stovall,
Thompson, Wood, and Mr. Speaker Newman—16.
So the amendment to the resolution failed.
Mr. Newman (Mr. Richardson in the chair) offered the following
amendment, viz:
Resolved, That while these propositions are the opinions of
the General Assembly of Tennessee, we will accept the proposi-
tions known as the Crittenden amendments, if adopted and ac-
cepted by the Convention contemplated by these resolutions, or
such propositions of settlement as may be adopted and recom-
mended by said Convention.
Pending the question on the adoption of the amendment, Mr.
Hildreth moved that the Senate adjourn until 2 o'clock, P.M.;
which motion failed.
A message was received from the House of Representatives,
by Mr. Campbell, their Clerk, as follows :
Mr. Speaker:
The House of Representatives has directed to be forthwith
transmitted to the Senate a memorial from Cheatham county, and
the same is "herewith transmitted.
Mr. Stokely moved to strike out the latter clause of the amend-
ment, including all after the word "resolutions';" which motion
failed.
The question recurring upon the adoption of the amendment.
8
16
80
Mr. Newman demanded the ayes and noes, which were ordered,
and resulted :
Ayes 13
Noes 11
Senators voting in the affirmative are:
Messrs. Allen, Boyd, Bradford. Burnpass, Ilildreth, Horn, Lane,
Nash, Richardson, Stanton, Srokes, Trimble, and Mr. Speaker
Newman—13.
In the negative:
Messrs. hunter, Johnson, Minnis, McClellan, McNeilly, Payne,
Peters, Stokely, Stovall, Thompson, and Mr. Wood—11.
So the amendment was adopted.
Mr. Stokely moved to adjourn until 2 o'clock, P.M.; which
motion failed.
The question recurring upon the adoption of the resolutions as
amended, Mr. Stokely called for a division of the question, and
demanded the ayes and noes upon the adoption of the first reso-
lution.
Pending the call of the ayes, on motion of Mr. Lane, the Sen-
ate took a recess until o'clock, P.M.
AFTERNOON SESSION.
The Senate was called to order at o'clock, P.M., by the
Speaker.
Mr. Ilildreth, from the Committee on Enrolled Bills, reported
that joint resolution for the relief of Ed. Willis, of Wilson county,
and others, and joint resolution for the relief of J W. Roberts,
tax collector for Overton county, were correctly enrolled.
The consideration of the unfinished business of this morning,
being House Resolutions, No. 51, proposing amendments to the
Constitution of the United States, was resumed.
Mr. Minnis moved to amend the resolution offered by Mr. New-
man, and adopted, by inserting after the word " amendments,"
in the fourth line, the following :
" with such amendments to the Crittenden amendments as
will make it the duty of the Territorial and Federal Govern-
81
merits, in all their departments, to protect slavery in all of the
territory south of 36 deg. 30 min., whilst they are in a territorial
condition."
Mr. Newman (Mr. Bradford in the chair) moved to lay the
amendment on the table; on which motion Mr. Minnis demanded
the ayes and noes, which were ordered, and resulted:
Ayes 13
Noes 10
Senators voting in the affirmative are:
Messrs. Allen, Boyd, Bradford, Bumpass, Hildreth, Horn, Nash,
Richardson, Stanton, Stokes, Stokely, Trimble, and Mr. Speaker
Newman—13.
In the negative:
Messrs. Hunter, Johnson, Minnis, McClellan, McNeilly, Payne,
Peters, Stovall, Thompson, and Mr. Wood—10.
So the amendment was laid on the table.
Mr. Horn moved to reconsider the vote adopting Mr. Newman's
amendment.
Mr. Stokes moved to lay the motion on the table.
Mr. McClellan demanded the ayes and noes on the motion to
lay the motion of Mr. Horn on the table, which were ordered and
resulted:
Ayes.., 12
Noes ..... 12
Senators voting in the affirmative are :
Messrs. Allen, Boyd, Bradford, Bumpass, Hildreth, Lane, Nash,
Richardson, Stanton, Stokes, Trimble and Mr. Speaker New-
man—12.
In the negative i
Messrs. Horn, Hunter, Johnson, Minnis, McClellan, McNeilly,
Payne, Peters, Stokely, Stovall, Thompson and Mr. Woo —12,
So the motion to lay on the table failed.
The question recurring upon the motion of Mr. Horn to re-
consider the vote adopting Mr. Newman's amendment,
Mr. Newman (Mr. Wood in the Chair) demanded the ayes and
noes, which were ordered and resulted :
Ayes 12
Noes .12
Senators voting in the affirmative are :
Messrs. Horn, Hunter, Johnson, Minnis, McClellan, McNeilly,
Payne, Peters, Stokely, Stovall, Thompson and Mr. Wood-—12.
In the negative:
Messrs. Allen, Boyd, Bradford, Bumpass, Hildreth, Lane, Nash,
Richardson, Stanton, Stokes, Trimble and Mr. Speaker New-
man—12.
6 s
82
So the motion to reconsider failed.
The question recurring upon the adoption of the resolutions as
amended, the ayes and noes were taken on the adoption of the
three first resolutions, in accordance with the demand of Mr.
Stokely for a division of the question, and resulted :
Ayes . 19
Noes 5
Senators voting in the affirmative are:
Messrs. Allen, Boyd, Bradford, Bumpass, Hildreth, Hunter,
Johnson, Lane, Minnis, McClellan, McNeiily, Payne, Peters, Stan-
ton, Stokes, Stovall, Thompson, Wood and Mr. Speaker New-
man—19.
In the negative :
Messrs. Horn, Nash, Richardson, Stokely and Trimble—5.
So the first three resolutions were adopted.
The question recurring upon the adoption of the remainder of
the resolutions, Mr. Stokely demanded a division of the question,
and the ayes and noes upon the adoption of the nine propositions
for the amendment of the Constitution .of the United States.
The ayes and noes being ordered, resulted :
Ayes 22
Noes 1
Senators voting in the affirmative are :
Messrs. Allen, Boyd, Bradford, Bumpass, Hildreth, Horn, Hun-
ter, Johnson, Lane, Minnis, McClellan, McNeiily, Nash, Payne,
Peters, Richardson, Stanton, Stokely, Stovall, Thompson, Wood
and Mr. Speaker Newman—22.
In the negative:
Mr. Trimble—1.
So this division of the resolutions was adopted.
Mr. Stokely demanded a division of the question on the remain-
der of the original resolutions.
The remainder of the resolutions were then adopted without a
division.
Mr. Stokely moved to strike out the last clause of the amend-
ment offered by Mr. Newman, and adopted by the Senate, em-
bracing all after the word resolutions in the fifth line of the
amendment; on which motion he demanded the ayes and noes,
which were ordered and resulted :
Ayes . - 8
Noes 16
Senators voting in the affirmative are:
Messrs. Bradford, Horn, Nash, Richardson, Stanton, Stokes,
Stokely and Trimble—8.
In the negative:
Messrs. Allen, Boyd, Bumpass, Hildreth, Hunter, Johnson,
83
Lane, Minnis, McClellan, McNeilly, Payne, Peters, Stovall, Thomp-
gon, Wood and Mr. Speaker Newman—16.
So the motion to strike out failed.
The question recurring upon the adoption of the resolutions as
amended and considered,
Mr. Wood demanded the ayes and noes, which were ordered
and resulted :
Ayes
Noes
Senators voting in the affirmative are:
Messrs. Allen, Boyd, Bradford, Bumpass, Hildreth, Horn, Hun-
ter, Johnson, Lane, Minnis, McClellan, McNeilly, Payne, Peters,
Richardson, Stanton, Stokes, Stovall, Thompson, Wood and Mr.
Speaker Newman—21.
In the negative :
Messrs. Nash, Stokely and Trimble—3.
So the resolutions as amended and considered, were adopted.
On motion of Mr. Payne, the rule was suspended, and the
resolutions ordered to be returned to the House of Representa-
tives for further action.
The unfinished business of yesterday, being Senate Resolution,
No. 4, in relation to the rights and duties of the States, and the
exercise of coercive powers by the General Government, was, on
motion of Mr. Wood, passed over informally, and,
Senate Bill, No. 6, to amend the Conventional.Interest act, was
taken up on third reading.
On the adoption of the amendment offered by the Committee
on the Judiciary, to add to the fourth section the words, " and
shall continue in full force until the first of December, I$62, and
no longer."
Mr. Bradford demanded the ayes and noes, whioh were ordered
and resulted :
Ayes
Noes
Senators voting in the affirmative are :
Messrs. Bumpass, Horn, Hunter, Johnson, Lane, Minnis, Mc-
Neilly, Payne, Peters, Richardson, Stanton, Stokes, Stokely, Sto-
vail, Thompson, Trimble and Mr. Wood—17.
In the negative :
Messrs. Allen, Boyd, Bradford, Hildreth, McClellan, Nash and
Mr. Speaker Newman—7.
So the amendment of the Committee was adopted.
Mr. Stokes moved to amend the first section of the bill by ad-
ding the following:
Provided, That the creditor will, in every instance* give a credit
21
3
17
7
84
of not less than six months from the date of the note given in
renewal.
Mr. Hildreth moved to amend the amendment by inserting after
the word " creditor," the words, " and the person loaning money
which amendment was adopted.
The amendment of Mr. stokes was then adopted.
The question recurring upon the passage of the bill on its third
reading, as amended, resulted—
Ayes 14
Noes 10
Senators voting in the affirmative are:
Messrs Bumpass, Horn, Hunter, Johnson, Lane, Minnis, Payne,
Peters, Richardson, Stanton, Stokes, Stovall, Thompson and Mr.
Wood—14.
In the negative :
Messrs. Allen, Boyd, Bradford, Bumpass, Hildreth, McClellan,
McNeilly, Nash, Stokely, Trimble and Mr. Speaker Newman—10.
So the bill passed its third reading, and,
On motion of Mr. Bumpass, the rule was suspended, and the
bill ordered to be engrossed and transmitted to the House of Rep-
resentatives.
A message was received from the House of Representatives by
Mr. DeWoife, their clerk, as follows:
Mr. Speaker :
The Speaker of the House of Representatives has signed joint
resolution for the relief of Ed. Willis, of Wilson county, and oth-
ers, and joint resolution for the relief of J. W. Roberts, tax col-
lector for Overton county, and the same are herewith transmitted
for the signature of the Speaker of the Senate.
The House of Representatives has non-concurred in Senate
amendment to House Resolution No. 51, proposing amendments
to the Constitution of the United States, and the same is herewith
returned to the Senate for further action thereon.
On motion of Mr. Payne, House message returning Senate
amendment to House Resolution No. 51, proposing amendments
to the Constitution of the United States, was taken Up.
Mr. Lane moved that the Senate recede from its amendment.
Mr. Richardson demanded the ayes and noes on the motion to
recede, which were ordered and resulted—
Ayes 15
Noes 9
Senators voting in the affirmative are: •
Messrs. Bradford, Bumpass, Hildreth, Hunter, Johnson, Lane,
Minnis, McClellan, McNeilly, Payne, Peters, Stokely, Stovall,
Thompson and Mr. Wood—15.
85
In the negative:
Messrs. Allen, Boyd, Horn, Nash, Richardson, Stanton, Stokes,
Trimble and Mr. Speaker Newman—9.
So the motion prevailed, and the Senate receded from its amend-
ment.
On motion of Mr. Lane, the Senate adjourned until 9 o'clock
to morrow morning.
WEDNESDAY, JANUARY 23, 1861.
The Senate met pursuant to adjournment.
The Journal of yesterday was read and approved.
Mr. Minnis, from the Committee on the Judiciary, reported as
follows:
The Judiciary Committee have had under consideration Senate
Bill No. 15, a bill to prevent sacrifice of personal estate.
The object of this bill is to prevent the sale of personal prop-
erty, unless it sells for two-thirds of its appraised value; and the
principal question is, has the Legislature the constitutional power
to pass such a law? The Committee are of opinion that it has
not.
Article 1, section 10 Constitution of the United States, pro-
vides no State shall pass any " law impairing the obligation of
contracts,'' &c.
Article 1, section 20, Constitution of Tennessee, provides " that
no retrospective law, or law repairing the obligation of contracts
shall be made."
In Townsend v. Townsend and others, Peck's R., 1-21, the Su-
preme Court of Tennessee says: " The law is the source of the
obligation of contracts; and the extent of the obligation is defin-
ed by the law in use at the time the contract is made." And
again, in the same case : " The Legislature may alter remedies ;
but they must not, so far as regards antecedent contracts, be ren-
dered less efficacious or more dilatory than those ordained by the
law in being when the contract was made, if such end be the di-
rect and special end of the Legislature, apparent in an act made
for the purpose."
In 1603 the Legislature passed a law, chapter 10, having some-
thing of the same objects in view as the present. This law was
probably never attempted to be enforced ; at least it never came
86
directly before the Supreme Court for adjudication. In Yerger 5
and 4, about eleven years after its passage, it was referred to by the
Court, and seemed to be approved. But afterwards, in 9th Yer-
ger, page 36, Sharp v. Nelson, this case was overruled, and the
law condemned.
The Supreme Court of North Carolina decided an act to sus-
pend execution for a limited time was*unconstitutional; that it
was prohibited by article 1, section 10 of the Constitution of the
United States. Jones v. Crittenden, Carolina Law Reports, vol. 1,
page 55. This is high authority in the Supreme Court of Ten-
nessee. This decision is based upon the doctrine that the law in
existence at the making of a contract for its enforcement is an
essential part of the contract.
S SThe Supreme Court of the United States, in the case of John
L. MeCracken v. Charles Haywood, reported in 2 Howard, page
608, expressly decides this question, refers to a case in 1 Howard
R. The Court in delivering the opinion says : " The obligation of
the contract between the parties, in this case, was to perform the
promises and undertakings contained therein; the right of the
plaintiff was to damages for the breach thereof, to bring suit and
obtain judgment, to take out and prosecute an execution against
the defendant until the judgment was satisfied, pursuant to the
existing laws of Illinois. These laws giving these rights were as
perfectly binding on the defendant, and as much a part of the
contract, as if they had been set forth in the stipulation in the
very words of the law relating to judgments and executions."
The principle decided in all these cases is, that the law in exis-
tence at the time of making of a contract, for its enforcement, is
a part of the contract, and to materially impair such remedy is to
impair the obligation of the contract, and, therefore, a violation
of the Constitution.
The Committee, therefore, instruct me to report recommending
the rejection of the bill as unconstitutional.
The Committee have also had under consideration Senate Bill
No. 15, for the relief of parties who appeal from an inferior to a
superior court. There is no constitutional objection to this bill—
a majority of the Committee recommend its rejection upon prin-
ciples of policy.
All of which is respectfully submitted,
M1NNIS, Chairman.
January 23, 1861.
Mr. Hildreth, from the Committee on Enrolled Bills, reported
Senate Bill No. 6, as correctly engrossed.
Mr. Newman asked and obtained leave to withdraw Senate
Resolution No. 15, proposing a Convention of the Southern States.
Senate Resolution, No. 22, for the relief of James R. Gardner,
was taken up and adopted, and,
'87
On motion of Mr. Stovall, the rule was suspended, and the reso-
lution ordered to be engrossed and transmitted to the House of
Representatives.
Mr. Thompson offered the following resolution, (Senate Resolu-
tion No. 23,):
Resolved by the General Assembly of the State of Tennessee, That
the Senate meet the House of Representatives in Convention in
the Representatives' Hall, on Friday the 25th instant, at eleven
o'clock A.M., for the purpose of electing delegates to the General
Convention of Southern States.
On motion of Mr. Thompson, the rule was suspended, and the
resolution taken up.
Mr. Hildreth offered the following amendment:
Resolved further, That the time for the meeting of the delegates
in Convention be the 11th of February, 1861, instead of the 4th
of February, 1861, or such time thereafter as may be agreed on.
Mr. Payne offered the following in lieu of the amendment:
Resolved, That the Commissioners to be appointed to a South-
ern Convention by this body, be authorized to meet delegates from
the other States on the 4th of February as heretofore provided,
or at such other time thereafter as may be agreed on by a major-
ity of said States.
On the adoption of the amendment in lieu, Mr. Stanton de-
manded the ayes and noes, which were ordered and resulted—
Ayes 12
Noes 11
Senators voting in the affirmative are :
Messrs. Hunter, Johnson, Lane, Minnis, McClellan, McNeilly,
Payne, Peters, Stokely, Stovall, Thompson and Mr. Wood—12.
In the negative:
Messrs. Allen, Boyd, Bradford, Bumpass, Hildreth, Horn, Nash,
Richardson, Stanton, Trimble and Mr. Speaker Newman—11.
So the amendment in lieu was adopted.
The resolution, as amended, was then adopted; and,
On motion of Mr. Thompson, the rule was suspended, and the
resolution ordered to be engrossed and transmitted to the House
of Representatives.
House Bill No. 1, to repeal an act passed 21st February, 1860,
entitled an act to amend the usury laws of the State, and to estab-
lish a conventional rate of interest, was taken up on first reading
and passed.
On motion of Mr. Stokes, Senate Bill No. 9, to maintain the
defence of the State, with the committee's bill in lieu, No. 18, to
enable the State of Tennessee to repel invasion and suppress in-
surrection, were made the special order for Friday next, at 10
o'clock, a. m.
House Bill, No. 14, for the relief of tax-payers of the State,
was taken up on third reading-
88
Mr. Hildreth moved to strike out all after the figures 1860, in
the sixth line of the bill, which was agreed to.
The amendment offered by the Committee on the Judiciary
was adopted, as follows :
Provided, before any tax collector shall receive the benefits of
this act, he shall, with his securities, go before the County Court
of his county, and the said securities shall agree in open Court to
the provisions of this act, and their liability as suitors; which
agreement or consent shall be put on the minutes of the Court.
On motion of Mr. Hildreth, the bill was so amended as to take
effect from and after its passage.
The bill, as amended, then passed its third reading.
Ayes 22
Noes 1
Senators voting in the affirmative are :
Messrs. Allen, Boyd, Bradford, Bumpass, Hildreth, Horn, Hun-
ter, Johnson, Lane, Minnis, McClellan, McNeilly, Nash, Payne,
Peters, Richardson, Stanton, Stokely, Stovall, Thompson, Wood
and Mr. Speaker Newman—22.
In the negative:
Mr. Trimble—1.
On motion of Mr. Bumpass, the rule was suspended, and the
bill ordered to be returned for further action to the House of Rep-
resentatives.
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. 61, proposing a Convention of the two Houses of the Gene-
ral Assembly, for the purpose of appointing delegates to a Con-
vention of the slaveholding States, and ordered its immediate
transmission to the Sentate for concurrence ; and the same is here-
with transmitted.
Mr. Lane presented two petitions from a portion of the citizens
of McMinn, praying the Legislature not to pass any law laying a
tax upon the people of the State for the purpose of arming the
militia; which were read, and,
On motion of Mr. Lane, ordered to be transmitted to the House
of Representatives.
House memorial from Cheatham county, was taken up and
read, and,
On motion of Mr. Trimble, was laid on the table.
House Bill No. 15, to prevent the sacrifice of personal estate,
was taken up on third reading.
Mr. Richardson moved to strike out the word "shall" in the
89
twelfth line of the first section, and insert " may proceed to sell
again at the request of the creditorwhich was agreed to.
Mr. Stanton offered the following amendment:
Provided, That the basis upon which such property is to be
estimated or valued, shall be the worth of the same kind of prop-
erty at the time of the contract or obligation upon "which the
judgment has or may have been rendered.
Upon the adoption of the amendment, Mr. Stanton demanded
the ayes and noes; which were ordered, and resulted:
Ayes 11
Noes 13
Senators voting in the affirmative are:
Messrs. Allen, Boyd, ®Johnson, McClellan, McNeilly, Peters,
Richardson, Stanton, Thompson, Trimble and Mr. Wood—11.
In the negative:
Messrs. Bradford, Bumpass, Hildreth, Horn, Hunter, Lane,
Minnis, Nash, Payne, Stokes, Stokely, Stovall and Mr. Speaker
Newman—13.
So the amendment was rejected.
Mr. Bumpass offered the following amendment:
Provided, That the officer making the levy shall have his costs
of levy and bond paid by the defendant every time he offers the
property for sale.
On the adoption of the amendment, Mr. Bumpass demanded
the ayes and noes; which were ordered, an<l resulted:
Ayes 11
Noes 12
Senators voting in the affirmative are:
Messrs. Boyd, Bradford, Bumpass, Hildreth, Horn, Lane, Nash,
Peters, Stovall, Trimble and Mr. Speaker Newman—11.
In the negative:
Messrs. Allen, Hunter, Johnson, Minnis, McClellan, McNeilly,
Payne, Richardson, Stanton, Stokely, Thompson and Mr. Wood,
—i2.
So the amendment was rejected.
Mr. Thompson offered the following amendment:
Be it enacted, That the property shall be valued according to
the average standard value of such property in ordinary times.
Mr. Payne offered a bill in lieu, and moved that the bill and bill
in lieu, with the pending amendments, be reterred to the Commit-
tee on the Judiciary.
Pending the question of reference, Mr. Peters demanded the
previous question.
The demand for the previous question was sustained on a
division./
90
Ayes
Noes
10
9
The question recurring upon the passage of the bill as amend-
ed, on its third reading, resulted:
Senators voting in the affirmative are :
Messrs. Bradford, Horn, Hunter, Johnson, McClellan, Peters,
Stanton, Stovall, Thompson and Mr. Wood—10.
In the negative :
Messrs. Allen, Boyd, Bumpass, Hildreth, Lane, Minnis, Mc-
Neilly, Nash, Payne, Richardson, Stokes, Stokely, Trimble and
Mr. Speaker Newman—14.
So the bill was rejected on its third reading.
A message was received from the House of Representatives by
Mr. Campbell, their clerk, as follows:
Mr. Speaker :
The House of Representatives has considered and tabled Sen-
ate Resolution No. 13, to discourage commercial intercourse with
the Northern States; also considered and tabled Senate Resolu-
tion, No. 19, directory to the Governor; both of which are here-
with returned to the Senate.
The Speaker of the House of Representatives has signed en-
rolled resolution directory to the Commissioners on Capitol and
Capitol Grounds, and the same is herewith transmitted for the sig-
nature of the Speaker of the Senate.
* The House of Representatives has passed on third and last
reading House Bill No. 8, providing a remedy for the collection
of debts, and the same is herewith transmitted for the action of
the Senate thereon.
The House of Representatives has considered Senate Resolu-
tion No. 23, proposing a convention of the two Houses of the
General Assembly on Friday the 28th inst., for the purpose of
electing delegates to a Convention of the Southern States, and
adopted the same, after amending it by striking out 11 o'clock, and
inserting ten minutes after 10.
The resolution, with amendment, by order of the House, is
herewith returned to the Senate for concurrence.
Mr. Hildreth, from the Committee on Enrolled Bills, reported
Senate Resolutions Nos. 22 and 23 as correctly engrossed.
On motion of Mr. Stokes, House message returning Senate
Resolution No 23, proposing a convention of the two Houses for
the purpose of electing delegates to a Southern Convention, with
an amendment, was taken up.
On motion of Mr. Stokes, the Senate concurred in House
amendment to said resolution.
Ayes
Noes
10
14
91
On motion of Mr. Payne, the rule was suspended, and the reso-
lution ordered to be enrolled.
On motion of Mr. Payne, the Senate took* a recess till 2%
o'clock, p. m.
AFTERNOON SESSION.
The Senate was called to order at 2% o'clock, p. m., by the
Speaker.
House Resolution No. 61, proposing a convention of the two
Houses to elect delegates to a Southern Convention, was taken
up, and,
On motion of Mr. Peters, was indefinitely postponed.
House Bill No. 8, providing a remedy tor the collection of
debts, passed first reading.
SENATE BILLS ON SECOND READING.
Senate Bill No. 16, to incorporate a military department in
Andrew College, was taken up on second reading.
Mr. Peters offered an amendment incorporating the Memphis
Arms Company; which was adopted, and the bill, as amended,
passed its second reading.
Senate Bill, No. 16, for the relief of tax-payers, passed second
reading, and,
On motion of Mr. Trimble, was referred to the Committee on
the Capitol and Capitol Grounds.
SENATE BILLS ON THIRD READING.
Senate Bill No. 7, to incorporate the Memphis Light Dragoon
Company, was taken up on third reading.
Mr. Payne offered the following amendment:
Be it further enacted, That said company shall be independent
of any other corps or division, unless when called into actual ser-
vice; that then it shall be the duty of the Governor to attach
said company to some corps or division of the army in actual
service.
Which amendment was adopted.
Mr. Hildreth moved to strike out the 8th section of the bill;
which motion was lost on a division.
92
Ayes
Noes
9
13
The question recurring upon the passage of the bill on its third
reading, Mr. Stokely demanded the ayes and noes ; which were
ordered, and resulted:
Senators voting in the affirmative are :
Messrs. Allen, Bradford, Bumpass, Hunter, Johnson, Lane,
Minnis, McClellan, McNeilly, Payne, Peters, Stanton, Stovall,
Thompson, Wood and Mr. Speaker Newman—16.
In the negative:
Messrs. Boyd, Hildreth, Horn, Nash, Richardson, Stokely and
Mr. Trimble—7.
So the bill passed Ps third reading, and,
On motion of Mr. Lane, was ordered to be engrossed and trans-
mitted to the House of Representatives.
Senate Bill No. 11, to incorporate the Southern Savings' Insti-
tution of Memphis, was taken up, and,
On motion of Mr. Bumpass, was referred to the Committee on
Private incorporations.
Senate Bill No. 12, for the relief of justices of the peace, was
taken up, and,
On motion of Mr. Trimble, was referred to the Committee on
the Judiciary.
Senate Bill No. 14, to encourage foreign importations, passed
third reading.
Ayes 16
Noes 8
Senators voting in the affirmative are :
Messrs. Allen, Bradford, Bumpass, Hunter, Johnson, Lane, Min-
nis, McClellan, McNeilly, Payne, Peters, Stanton, Stovall, Thomp-
son, Wood and Mr. Speaker Newman—16.
In the negative:
Messrs. Boyd, Hildreth, Horn, N^tsh, Richardson, Stokely and
Mr. Trimble—7.
Senate Bill No 15, for the relief of persons appealing from an
Inferior to a Superior Court ; passed third reading.
Ayes 15
Noes 7
Senators voting in the affirmative are :
Messrs. Allen, Bradford, Bumpass, Horn, Hunter, Minnis, Mc
Clellan, McNeilly, Nash, Payne, Peters, Stanton, Thompson
Wood and Mr. Speaker Newman—15.
Ayes
Noes
16
7
93
In the negative:
Messrs. Boyd, Hildreth, Johnson, Lane, Richardson, Stovalland
Mr. Trimble—7.
On motion of Mr. Trimble, the Senate adjourned until to-mor-
row morning at 10 o'clock.
THURSDAY, JANUARY 24, 1861.
The Senate met pursuant to adjournment.
The Journal of yesterday was read and approved.
Mr. Hildreth, from the Committee on Enrolled Bills, reported
Senate Bills, Nos. 7 and 14, as correctly engrossed ; and Senate
Resolution, No. 23, as correctly enrolled.
Mr. Hildreth, from the Committee on Private Incorporations,
reported as follows:
Mr. Speaker:
The Committee on Private Incorporations have had under con-
sideration, Senate Bill No. II, to incorporate the Southern Sav-
ings Institution of Memphis, and a majority of the committee di-
rect me to recommend its passage, after inserting after the word
" enacted," the words, "by the General Assembly of the State of
Tennessee "
R. T. HILDRETH, Chairman.
Mr. Allen offered the following resolution, (Senate Resolution,
No. 24):
Whereas, N. (x. Phillips, collector of revenue of Carroll county,
for the year 1858, failed to collect the State tax for that year, in
consequence of a protracted attack of a disease approximating
pulmonary consumption, and is now indebted to the State in near
the sum of two thousand dallars, in consequence of said failure ;
and for the purpose of giving said Phillips time to collect said
tax, be it
Resolved by the General Assembly of the State of Tennessee, That
the Comptroller of the Treasury be, and he is hereby directed to
ascertain by a settlement with said Phillips, the amount of taxes
due and owing by him as revenue collector to the State, and that
he take said Phillips' notes for the amount, with simple interest
ascertained to be owing in two equal payments, one in twelve,
the other in eighteen months, provided the said Phillips give two
94
or more securities of undoubted solvency, to be approved by the
Comptroller.
On motion of Mr. Allen, the rule was suspended, and the reso-
lution taken up and adopted.
Senators voting in the affirmative are:
Messrs. Allen, Bradford, Bumpass, Horn, Hunter, Johnson,
Lane, Minnis, McClellan, McNeilly, Nash, Payne, Peters, Stanton,
Stovall and Mr. Speaker Newman—18.
In the negative:
Messrs. Boyd, Richardson and Mr. Stokely—3.
On motion of Mr. Allen, the rule wa£ suspended, and the reso-
lution ordered to be engrossed and transmitted to the House of
Representatives.
Mr. Payne introduced Senate Bill, No. 19, to regulate execu-
tions, and for other purposes ; passed first reading.
Mr. Stanton introduced Senate Bill, No. 20, to authorize the
Bank of Tennessee to issue post notes, and loan money on twelve
months'credit; passed first reading.
Mr. Lane presented a memorial from a portion of the citizens
of McMinn county, praying the Legislature not to increase the
taxes of the people for the purpose of arming the military; which
was read, and,
On motion of Mr. Lane, ordered to be transmitted to the House
of Representatives.
Mr. Richardson presented a memorial from N. B. Smith, asking
the Legislature to proceed in a body to the State of New York,
and other northern States whose Legislatures are in session, and
urge them to submit at once Mr. Crittenden's proposition to
amend the Constitution of the United States, to a vote of the
people.
The memorial was read, and,
On motion of Mr. Richardson, was ordered to lie on the table.
Mr. Nash entered a motion to reconsider the vote passing Sen-
ate Bill, No. 15, for the relief of parties appealing from Inferior
to Superior Courts, on its third reading.
The Speaker presented a communication from the Commis-
sioners of the Capitol and Capitol Grounds, in response to a joint
resolution of the two Houses, asking information as to the expen-
diture of the appropriation of the last session for the improve-
ment of the capitol grounds ; which, after being read was,
On motion of Mr. Stovall, ordered to be transmitted to the
House of Representatives.
On motion of Mr. Nash, his motion to reconsider the vote pass-
ing Senate Bill, No. 15, for the relief of parties who appeal from
Ayes
Noes
16
3
95
an Inferior to a Superior Court, was taken up, and the motion to
reconsider prevailed.
Mr- Nash moved to strike out all of the first section, with the
exception of the enacting clause; which motion was agreed to,
and the section stricken out.
On motion of Mr. Nash, the third section of the bill was strick-
en out.
On motion of Mr. Bradford, the bill was amended so as to take
effect from and after its passage.
The bill, as amended, then passed its third reading.
Ayes 19
Noes 2
Senators voting in the affirmative are:
Messrs. Allen, Boyd, Bradford, Bumpass, Hildreth, Horn, Hun-
ter, Johnson, Minnis, McClellan, McNeilly, Nash, Payne, Peters,
Richardson, Stanton, Stokely, Wood, and Mr. Speaker New-
raan>—19.
In the negative :
Messrs. Lane and Stovall—2.
The bill was ordered to be engrossed and transmitted to the
House of Representatives.
Mr. Jdhnson, from the Committee on Capitol and Capitol
Grounds, returned Senate Bill No. 17, for the relief of tax payers,
and asked to be discharged from its further consideration.
On motion of Mr. Lane, the rule was suspended, and Senate
Bill No. 17, for the relief of tax payers, was taken up on third
reading.
Mr. Stovall offered the following amendment to the second sec-
tion:
—" after paying all dues to hands, and otherwise due at the
date of the passage of this act, from said Commissioners, the re-
mainder to be paid into the Treasury."
Which amendment was adopted.
On motion of Mr. Horn, the further consideration of the bill
was postponed until to-morrow.
On motion of Mr. Payne, Senate Bill No. 19, to regulate exe-
cutions, and for other purposes, was referred to the Committee on
the Judiciary.
Mr. Richardson presented a package of tickets from the Ten-
nessee and Alabama Railroad Company, securing free passage
over said road to the officers and members of the Senate during
the present session of the General Assembly.
On motion of Mr. Horn, the thanks of the Senate were returned
to the officers of the Tennessee and Alabama Railroad, for the
courtesy of free tickets.
Senate Resolution No. 21, directory to the President of the Uni-
96
ted States, and our Senators and Representatives in Congress, was
taken up.
Mr. Lane demanded the previous question, which demand was
sustained by the Senate, without a division.
On the adoption of the resolution, Mr. Payne demanded the
ayes and noes, which were ordered and resulted—
Ayes < 12
Noes 5
Senators voting in the affirmative are :
Messrs. Allen, Bradford, Bumpass, Hiidreth, Lane, Nash, Peters,
Richardson, Stanton, Stovall, Wood, and Mr. Speaker New-
man—12.
In the negative:
Messrs.Johnson,Minnis,McClellan, McNeilly, and Mr.Payne—5.
So the resolution was adopted.
House Bill No. 1, to repeal an act passed 21st of February,
1860, entitled an act to amend the usury laws of the State and to
establish a conventional rate of interest; passed second reading,
and,
On motion of Mr. Wood, was referred to the Select Committee
on the Relief of the People.
House Bill No. 8, providing a remedy for the collection of debts;
passed second reading.
Senate Bill No. 16, to incorporate a Military Department in An-
drew College ; passed third reading.
Senators voting in the affirmative are:
Messrs. Allen, Bumpass, Hunter, Johnson, Lane, Minnis, Mc-
McClellan, McNeilly, Payne, Peters, Stanton, Stovall, Wood, and
Mr. Speaker Newman—14,
In the negative:
Messrs. Boyd, Bradford, Hiidreth, Horn, Nash, Richardson, and
Mr. Stokely—7.
On motion of Mr. Payne, the rule was suspended, and the bill
ordered to be engrossed and transmitted to the Plouse of Repre-
sentatives.
Senate Bill No. 11, to incorporate the Southern Savings Insti-
tution of Memphis, was taken up on third reading, when Mr. Payne
asked and obtained leave to withdraw it for amendment.
Mr. Peters moved to take up the motion entered by Mr. Stovall
HOUSE BILLS ON SECOND BEADING
SENATE BILLS ON THIRD READING,
Ayes
Noes
14
7
97
to reconsider the vote ordering the transmission of Senate Reso-
lution No. 20, to adjourn on the 28th instant, sine die ;
Which motion was agreed to.
The motion to reconsider the vote of transmission was agreed
to, and the vote adopting the resolution was reconsidered.
On motion of Mr. Payne, the further consideration of the reso-
lution was passed over informally.
On motion of Mr. Payne, the Senate adjourned until to-morrow
morning at 9 o'clock.
FRIDAY, JANUARY 25, 1861.
The Senate was called to order at 9£ o'clock, a. m., by Mr.
Bumpass, who moved that Mr. Stovall take the Chair in the ab-
sence of the Speaker; which motion prevailed.
The Journal of yesterday was read and approved.
Mr. Hildreth, from the Committee on Enrolled Bills, reported
Senate Bills Nos. 15 and 16, and Senate Resolutions Nos. 21 and
24, as correctly engrossed.
Mr. Minnis, from the Committee on fhe^ Judiciary, reported
back Senate Bill No. 12, for the relief of justices of the peace, and
recommended the adoption of a bill in lieu ; also, Senate Bill No.,
19, to regulate executions, and for other purposes, and asked to be
discharged from its further consideration.
On motion of Mr. Stanton, the rule was suspended, and Senate
Bill No. 20, to authorize the bank of Tennessee to issue post notes,
and loan money on twelve months' credit, was taken up and
passed its second reading, and,
On motion of Mr. Richardson, was referred to the Committee
on Banks.
Senate Resolution No. 18, to appoint delegates to a Southern
Convention, was taken up, and Mr. Peters asked and obtained
leave to withdraw the same from the calendar.
House Bill No.' 1, to repeal an act passed 21st of February, 1860,
entitled an act to amend the usury laws of the State, and to
establish a conventional rate of interest, was taken up on third
reading, and,
On motion of Mr. Richardson, was passed over informally.
House Bill No. 8, providing a remedy for the collection of debts,
was taken up on third reading, and,
7 s
98
On motion of Mr. Trimble, was referred to the Judiciary Com-
mittee, with instructions to report to-morrow morning.
Mr. Stanton moved that the Committee on Banks be instructed
to report back Senate Bill No. 20, to authorize the Bank of Ten-
nessee to issue post notes, and loan money on twelve months'
credit; which motion was agreed to.
On motion of Mr. Bum pass, the Senate took a recess of nine
minutes, preparatory to meeting the House of Representatives in
Convention to elect delegates to a Convention of the slavehold-
ing States.
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. DeWolfe, their clerk, as follows :
Me. Speaker :
The House has taken a recess of five minutes preparatory to
meeting the Senate in Convention, to elect delegates to a Conven-
tion of the slaveholding States.
The Senate then proceeded in a body to the Hall of the House
of Representatives;
in convention.
The President called the Convention to order, and directed the
clerk to read the resolution providing for the Convention.
Representative Morris demanded a call of the Convention;
which was ordered, and- resulted in showing all the Senators pres-
ent except Mr. Mickley, from the counties of Perry, Humphreys,
Decatur, and Henderson.
The call of the House of Representatives resulted in showing a
quorum of that body in attendance.
A quorum of both Houses being present, further proceedings
under the call were dispensed with.
Representative Gantt put on nomination for delegates the
names of Hon. F. K. Zollicoffer, Hon. W. II. Stephens, Judge R.
J. McKinney, Judge R. L. Caruthers, Lieut. M F. Maury, (who is
a citizen of Williamson county,) Hon. S. A. Smith, Judge A. 0.
W. Totten, Judge A. Wright, Judge W. Fitzgerald, Chancellor J.
C. Guild, Gen. S. Milligan, and Judge Geo. W. Rowles.
Representative Jones moved to proceed first to the election of
two delegates from the State at large and for the Congressional
Districts ; on which motion he demanded the ayes and noes.
Senators voting in the affirmative are '•
Messrs. Allen, Boyd, Bradford, Bumpass, ITildreth, Horn, Nash,
Richardson, Stanton, Stokes, Stokely and Mr. Trimble—12.
In the negative :
Messrs. Hunter, Johnson, Lane, Minnis, McClellan, McNeilly,
99
Payne, Peters, S to vail, Thompson, Wood and Mr. Speaker New-
man—12.
The vote of the House of Representatives was :
In the affirmative 34
In the negative 34
The vote of the Convention was:
In the affirmative ^ .....46
In the negative 46
So the motion was lost.
Representative Wisener asked to be excused from voting on
any question that might come before the Convention : which re-
quest was granted.
Representative Jones then put in nomination the names of the
following gentlemen for delegates from the Congressional Dis-
tricts: 1st, S. Milligan, of Greene; 2d, Alvin S. Cullom, of Over-
ton.; 3d, J M. Anderson, of Sequatehie; 4t,h, W. P. Hickerson,
of Coffee ; 5th, N. Greene, of Wilson; 6th, George W. Jones, of
Lincoln; 7th, J. F. McKinney, of McNairy; 8th, A. Robb, of
Montgomery; 9th, I. R. Havykins, of Carroll, 10th, W. H. Steph-
ens, of Madison; and for the State at large, W. C. Dunlap, of
Shelby, and E. IJ. Ewing, of Davidson.
Mr. Stokes moved to proceed to the election of delegates by
Congressional Districts, commencing with the first district, and
so on.
On which motion the ayes and noes were demanded.
Senators voting in the affirmative 'are :
Messrs. Allen, Boyd, Bradford, Bumpass, Hildreth, Horn, Nash,
Richardson, Stanton,' Stokes, Stokely, Trimble and Mr. New-
man—13.
In the negative :
Messrs. Hunter, Johnson, Lane, Minnis, McClellan, McNeilly,
Payne, Peters, Stovall, Thompson and Mr. Wood—11.
The vote of the House of Representatives was :
In the affirmative...... 39
In the negative 32
The vote of the Convention was:
In the affirmative . 52
In the negative ,34
So the motion prevailed.
The President declared that nominations for a delegate from
the First Congressional District were in order. ,
Representative Johnson nominated Samuel Milligan, Esq., of
the county of Greene.
Representative Brazelton nominated James W^Deaderiqk, Esq.,
of the county of Washington.
100
Senators who voted for Mr. Milligan are:
Messrs. Allen, Boyd, Bradford, Bumpass, Hildreth, Horn, Mc-
Clellan, Nash, Richardson, Stanton, Stokes, Stokely and Mr.
Trimble—13
For Mr. Deaderick:
Messrs. Hunter, Johnson, Lane, Minnis, McNeilly, Peters, Sto-
vail, Thompson, Wood and Mr. Speaker Newman—10.
Mr. Payne asked to be excused from voting ; which request
was granted.
The vote of the House of Representatives was :
For Mr. Milligan.. 41
For Mr. Deaderick 10
For Mr. Powell 11
For Mr. Haynes. 2
For Mr. Critz 1
For Mr. McClellan 1
For Mr. Brazelton 4
The vote of the Convention was:
For Mr. Milligan 54
For Mr. Deaderick 20
Samuel Milligan, of the county of Greene, having received a
majority of all the votes cast, was declared duly elected a dele-
gate from the First Congressional District, to the Convention of
slaveholding States.
Nominations for a delegate from the Second Congressional Dis-
trict being in order,
Representative Gantt nominated Hon. Robert J. McKinney, of
the county of Knox.
Mr. Hildreth nominated Hon. Alvin S. CuIlom,of the county of
Overton.
Representative Vaughn nominated Gen. W. R. Caswell, of the
county of Knox.
Senators voting for Hon. Robert J. McKinney are:
Messrs. Hunter, Johnson, Lane, Minnis, McClellan, McNeilly,
Payne, Peters, Stovall, Thompson and Mr. Wood—11.
For Hon. Alvin S. Cullom :
Messrs. Allen, Boyd, Bradford, Butnpass, Hildreth, Horn, Nash,
Richardson, Stanton, Stokes, Stokely, Trimble and Mr. Speaker
Newman—13.
The vote of the House of Representatives was:
For Mr. McKinney 35
For Mr. Cullom... 36
For Mr. Caswell l
For Mr. Haynes...
For Mr. Critz
For Mr. McClellan
For Mr. Brazelton
For Mr. Powell,
11
2
1
1
4
101
The vote of the Convention was :
For Mr. McKinney ....
For Mr. Cullom.,
For Mr. Caswell.
46
49
1
Hon. Alvin S. Cullom, of the county of Overton, having re-
ceived a majority of all the votes cast, was declared duly elected
a delegate to said Convention.
Nominations for a delegate from the Third Congressional Dis-
trict, being in order,
Representative Armstrong nominated Hon. Josiah N, Anderson,
of the county of Sequatchie.
Mr. Lane nominated Hon. Geo. W. Rowles, of the county of
Bradley.
Senators voting for Mr. Anderson are:
Messrs. Allen, Boyd, Bradford, Bumpass, Hildreth, Horn, Nash,
Richardson, Stanton, Stokes, Stokely and Mr. Trimble—12.
For. Mr. Rowles:
Messrs. Hunter. Johnson, Lane, Minnis, McClellan, McNeilly,
Payne, Peters, Stovall, Thompson, Wood and Mr. Speaker New-
man—12.
The vote of the House of Representatives was :
For Mr. Anderson 35
For Mr. Rowles 35
The vote of the Convention was :
For Mr. An lerson 47
For Mr. Rowles ...47
There being no election, the Convention proceeded to vote a
second time.
Senators voting for Mr. Anderson are :
Messrs. Allen, Boyd, Bradford, Bumpass, Hildreth, Horn, Nash,
Richardson, Stanton, Stokes, Stokely and r. Trimble—12.
For. Mr. Rowles:
Messrs Hunter, Johnson, Lane, Minnis, McClellan, McNeilly,
Payne, Peters, Stovall, Thompson, Wood and Mr. Speaker New-
man—12.
The vote of the House of Representatives was:
For Mr. Anderson 35
For Mr. Rowles — 35
The vote of the Convention was :
For Mr. Anderson 47
For Mr. Rowles..... 47
Thete being no election, the Convention proceeded to vote a
third time.
Senators who voted for Mr. Anderson are:
Messrs. Allen, Boyd, Bradford, Bumpass, Hildreth. Horn, Nash,
Richardson, Stanton, Stokes, Stokely and Mr. Trimble—12.
For Mr. Rowles :
Messrs. Hunter, Johnson, Lane, Minnis, McClellan, McNeilly,
102
Payne, Peters, Stovall, Thompson, Wood and Mr. Speaker New-
man—12.
The vote of the House of Representatives was:
For Mr. Anderson 36
For Mr. Rowles 35
The vote of the Convention was :
For Mr. Anderson 48
For Mr. Rowles 47
Hon. Josiah N. Anderson, of the county of Sequatchie, having
received a majority of all the votes cast, was declared duly elec-
ted as a delegate to said Convention.
Nominations for a delegate from the Fourth Congressional Dis-
trict. being in order,
Representative Sheid nominated Hon. E. L. Gardenhire, of the
county of Overton.
Representative Kenner nominated William Hickerson, Esq , of
the county of Coffee.
Senators voting for Mr. Gardenhire are :
Messrs. Hunter, Johnson, Lane, Minnis, McClellan, McNeilly,
Payne, Peters, Stovall, Thompson and Mr. Wood—11.
For. Mr. Hickerson :
Messrs. Allen, Boyd, Bradford, Bumpass, Hildreth, Horn, Nash,
Richardson, Stanton, Stokes, Stokely, Trimble and Mr. Speaker
Newman—13.
The vote of the House of Representatives was:
For Mr. Gardenhire 35
For Mr. Hickerson 35
The vote of the Convention was:
For Mr Gardenhire 46
For Mr. Hickerson 48
Mr. Hickerson, from the county of Coffee, having received a
majority of all the votes cast, was declared duly elected a dele-
gate to said Convention.
Nominations for a delegate from the Fifth Congressional Dis-
trict b ing in order,
Representative Bennnett nominated Plon. Joseph C. Guild, of
the county of Sumner.
Representative Martin nominated Hon. Robert L. Caruthers,
of the county of Wilson.
Senators wdio voted for Mr. Guild are :
Messrs. Hunter, Johnson, Lane, Minnis, McClellan, McNeilly,
Payne, Peters, Stovall, Thompson, Wood, and Mr. Newman—12.
For Mr. Caruthers:
Messrs Allen, Boyd, Bradford, Bumpass, Hildreth, Horn, Nash,
Richardson, Stanton, Stokes, Stokely, and Mr. Trimble—12.
The vote of the House of Representatives was:
103
For Mr. Guild 34
For Mr. Caruthers 36
The vote of the Convention was :
For Mr. Guild . 46
For Mr. Caruthers ..., —... 48
Hon. Robert L. Caruthers, of the county of Wilson, having re-
ceived a majority of ail the votes cast, was declared dulv elected
a delegate to said Convention.
Nominations for a delegate from the sixth Congressional District
being in order,
Representative Hebb nominated Hon. Geo. W. Jones, of the
county of Lincoln.
Representative Gantt nominated Gen. Gid. J. Pillow, of the
county of Maury.
Senators who voted for Mr. Jones are :
Messrs. Allen, Boyd, Bradford, Bumpass, Hildreth, Horn, Nash,
Richardson, Stanton, Stokes, Stokely, and Mr. Trimble—12.
For Gen. Pillow:
Messrs Hunter, Johnson, Lane, Minnis, McClellan, McNeilly,
Payne, Peters, Stovall, Thompson, and Mr. Wood—11.
For Mr. John Fulton, of Franklin county, Mr. Newman—1.
The vote of the House of representatives was:
For Mr. Jones 36
For. Gen. Pillow 30
For A. S- Collier ; 1
For W. C< Whitthorne 1
The vote of the Convention was :
For Mr. Jones... 48
Fr Gen. Pillow .41
For Mr. Collier 1
For Mr. Whitthorne 1
Hon. Geo. W. Jones, of the county of Lincoln, having received
a majority of the votes cast, was declared duly elected a delegate
to said Convention.
Nominations for a delegate from the seventh Congressional Dis-
trict being in order,
Representative Morphis nominated Mr. Jas. F. McKinney, of
the county of McNairy.
Representative Beatty nominated Thomas Martin, Esq , of the
county of Giles. /
Senators who voted for Mr. McKinney are :
Messrs. Allen, Boyd, Bradford, Bumpass, Hildreth, Horn, Nash,
Richardson, Stanton, Stokes, Stokely, and Mr. Trimble—12.
For. Mr. Martin:
Messrs. Hunter, Johnson, Lane, Minnis, McClellan, McNeilly,
104
Payne, Peters, Stovall, Thompson, Wood, and Mr. Newman—12.
The vote of the House of Representatives was:
For Mr. McKinney 34
For Mr. Martin 36
The vote of the Convention was:
For Mr. McKinney 46
For Mr. Martin 48
Mr. Thos. Martin, of the county of Giles, having received a
majority all the votes cast, was declared duly elected a delegate
to said Convention.
Nominations for a delegate from the eighth Congressional Dis-
trict being in order,
Representative Dudley nominated Alfred Robb, of the county
of Montgomery.
Representative Lockhart nominated the Hon. Felix K. Zollicof-
fer, of the county of Dayidson.
Senators who voted for Mr. Robb are:
Messrs. Allen, Boyd, Bradford, Bumpass, Hildreth, Horn, Rich-
ardson, Stanton, Stokes, Stokely, and Mr. Trimble—12.
For Gen. Zollicoffer :
Messrs. Hunter, Johnson, Lane, Minnis, McClellan, McNeilly,
Payne, Peters, Stovall, Thompson, Wood, and Mr. Newman—12.
The vote of the House of Representatives was :
For Mr. Robb 33
For Gen. Zollicoffer 37
The vote of the Convention was :
For Mr. Robb 45
For Gen. Zobicoffer 49
Gen. Felix K. Zollicoffer, of the county of Davidson, having
received a majority of all the votes cast, was declared duly elect-
ed a del gate to said Convention.
Nominations for a delegate from the ninth Congressional Dis-
trict being in order,
Representative Nail nominated the Hon. Wm. Fitzgerald, of
the county of Henry.
Mr. Allen nominated Isaac R. Hawkins, Esq., of the county of
Carroll.
Senators who voted for Mr. Fitzgerald are:
Messrs. Hunter, Johnson, McClellan, McNeilly, Payne, Peters,
Stovall, Thompson, and Mr. Wood—9.
For Mr. Hawkins:
Messrs. Allen. Boyd, Bradford, Bumpass, Hildreth, Horn, Lane,
Minnis, Nash, Richardson, Stanton, Stokes, Stokely, Trimble, and
Mr. Speaker Newman—15.
The vote of the House of Representatives was :
105
For Mr. Fitzgerald 29
For Mr. Hawkins 40
For Mr. Porter 1
The vote of the Convention was:
For Mr. Fitzgerald. 38
For Mr. Hawkins 55
For Mr. Porter 1
Mr. Hawkins having received a majority of all the votes cast,
was declared duly elected a delegate to said Convention.
Nominations for delegate from the Tenth Congressional District
being in order,
Representative Hart nominated Wm. H. Stephens, Esq , of
Madison county.
Senators voting for Mr. Stephens are:
Messrs. Allen, Boyd, Bradford, Bumpass, Hiidreth, Horn, John-
son, Lane, Minnis, McClellan, McNeilly, Nash, Payne, Peters,
Richardson, Stanton, Stokes, Stovall, Stokely, Thompson, Trimble,
Wood and Mr. Speaker Newman—23.
For Hon. Archibald Wright:
Mr. Hunter—1.
The vote of the House of Representatives was :
For Mr. Stephens -57
For Mr. Galloway 1
For Mr. Farley • 5
For Mr. Farrelly 1
For Mr. Hurt 4
The vote of the Convention was:
For Mr. Stephens 80
For Mr. Wright 1
For Mr. Galloway 1
For Mr, Farley 5
For Mr. Farrelly 1
For Mr. Hurt 4
Wm. H. Stephens, of the county of Madison, having received a
majority of all the votes cast, was declared duly elected a dele-
gate to said Convention.
Nominations tor delegates from the State at large being in or-
der,
Representative Jones nominated the Hon. Wm. C. Dunlap, of
the county of Shelby.
Mr. Bumpass nominated Hon. A. O. W. Totten, of the county
of Madison.
Senators voting for Mr. Dunlap are:
Messrs. Allen, Boyd, Bradford, Hiidreth, Horn, Nash, Richard-
son, Stanton, Stokes, Stokely and Mr. Trimble—11.
106
For Mr. Totten:
Messrs. Bumpass, Hunter. Johnson, Lane, Minnis, McClellan,
McNeilly, Payne, Peters, Stovall, Thompson, Wood and Mr.
Speaker Newman—13.
The vote of the House of Representatives was:
For Mr. Dunlap 36
For Mr. Totten 34
The vote of the Convention was :
For Mr. Dunlap 47
For Mr. Totten 47
There being no election, the Convention proceeded to vote a
second time.
Senators who voted for .Mr. Dunlap are:
Messrs. Allen, Boyd, Bradford, Hildreth, Horn, Nash, Richard-
son, Stanton, Stokes, Stokely and Mr. Trimble—11.
For M r. Totten :
Messrs. Bumpass, Hunter, Johnson, Lane, Minnis, McClellan,
McNeilly, Payne, Peters, Stovall, Thompson, Wood and Mr.
Speaker Newman—13.
The vote of the House of Representatives was:
For Mr. Dunlap .....36
For Mr. Totten 35
The vote of the Convention was :
For Mr. Dunlap 47
For Mr. Totten 48
Hon. A. O. W. Totten, of the county of Madison, having re-
ceived a majority of all the votes cast, was declared duly elected
a delegate from the State at large to said Convention.
Nominations for a delegate from the State at large being still
in order,
Representative Hurt nominated Hon. Robert J. McKinney, of
the county of Knox.
Representative Jones nominated Hon. Edwin H. Ewing, of the
county of Davidson.
Senators who voted for Mr. McKinney are:
Messrs. Hunter, Johnson, Lane, Minnis, McClellan, McNeilly,
Payne, Peters, Stovall, Thompson, Wood and Mr. Speaker New-
man—12.
For Mr. Ewing:
Messrs, Allen, Boyd, Bradford, Bumpass, Hildreth, Horn, Nash,
Richardson, Stanton, Stokes, Stokely and Mr. Trimble—12.
The vote of the House of Representatives was:
For Mr. McKinney 36
For Mr. Ewing 34
For Mr. John Trimble 1
107
The vote of the Convention was:
For Mr. McKinney
For Mr. Ewing
For Mr. John Trimble,
,48
,46
1
Hon. Robert J. McKinney, of the county of Knox, having re-
ceived a majority of all the votes cast, was declared duly elected
a delegate from the State at large to said Convention.
The purpose for which the Convention had been convened being
accomplished, the President declared the Convention dissolved.
The Senators returned in a body to their Chamber, and were
called to order by the Speaker.'
Mr. Peters moved that the Senate take a recess till 2^- o'clock
P.M.; which motion was agreed to.
The Senate was called to order at 2£ o'clock, P. M, by the
Mr. Trimble demanded a call of the Senate, which was ordered
and resulted in showing the following Senators absent, viz:
Messrs. Allen, Boyd, Mickley, Stanton, Stokes, and Mr. Stoke-
ly—6.
A quorum being present, further proceedings under the call
were dispensed with,
Mr. Bumpass asked and obtained leave of absence for Mr.
Mickley, on account of urgent private business which required his
presence at home.
Senate Bill No. 12, for the relief of Justices of the Peace, was
taken up on third reading.
The bill in lieu recommended by the Committee on the Judicia-
ry, was adopted.
The question recurring upon the passage of the bill on its third
reading, resulted:
Ayes 10
Noes 11
The ayes and noes being constitutionally required, Senators
voting in the affirmative are:
Messrs. Boyd, Bradford, Bumpass, Hildreth, Lane, McNeilly,
Nash, Stokes, Stokely and Mr. Speaker Newman—10.
AFTERNOON SESSION.
Speaker.
/
108
In the negative:
Messrs. Horn, Hunter, Johnson, McClellan, Payne, Peters,
Richardson, Stovall, Thompson, Trimble and Mr. Wood—11.
So the bill was rejected on its third reading.
SENATE BILLS ON SECOND READING.
Senate Bill No. 9, to maintain the defence of the State, was
taken up on second reading.
The question being upon the adoption of the bill offered by the
Committee on Ways and Means in lieu, being Senate Bill No. 18,
to enable the State to repel invasion, or suppress insurrection,
Mr. Richardson moved to postpone indefinitely the bill and bill in
lieu; upon which motion he demanded the ayes and noes, which
were ordered, and resulted:
Ayes
Noes
Senators who voted in the affirmative are:
Messrs. Boyd, Bradford, Hiidretb, Horn, Nash, Richardson,
Stanton, Stokes, Stokely and Mr. Trimble—10.
In the negative:
Messrs. Bumpass, Hunter, Johnson, Lane, Minnis, McClellan,
McNeilly, Payne, Peters, Stovall, Thompson, Wood and Mr.
Speaker Newman—13.
So the motion io postpone indefinitely failed.
The question recurring upon the adoption of the bill in lieu, Mr.
Richardson demanded the ayes and noes.
Pending the call bf which, Mr. Newman (Mr. Bradford in the
Chair) moved to strike out the words " one million," where they
appear in the bill; which motion was agreed to.
Mr. Newman moved to fill the blank by inserting " five hundred
thousand."
On which motion, Mr. Boyd demanded the ayes and noes;
which were ordered, and resulted:
Ayes .....13
Noes 11
Senators voting in the affirmative are :
Messrs. Bumpass, Hunter, Johnson, Lane, Minnis, McClellan,
McNeill, Payne, Peters, Stovall, Thompson, Wood and Mr.
Speaker Newman—13.
In the negative:
Messrs. Allen, Boyd, Bradford, Hildreth, Horn, Nash, Richard-
son, Stanton, Stokes, Stokely and Mr. Trimble—11.
So the motion to insert prevailed.
The question recurring upon the adoption of the bill in lieu as
amended, the same was adopted.
The question recurring upon the passage of the bill on its sec-
10
13
109
ond reading, Mr. Richardson demanded the ayes and noes ; which
were ordered, and resulted;
Senators voting in the affirmative are:
Messrs. Bumpass, Hildreth, Hunter, Johnson, Lane, Minnis,
McClellan, MeNeilly, Payne, Peters, Stovall, Thompson, Wood
and Mr. Speaker Newman—14.
In the negative:
Messrs. Allen, Boyd, Bradford, Horn, Nash, Richardson, Stan-
ton, Stokes, Stokely and Mr. Trimble—10.
So the bill, as amended, passed its second reading.
Senate Bill No. 17, for the relief of tax-payers, was taken up
on third reading.
Mr. Stovall offered the following amendment:
Sec. —. Be it further enacted, That the Governor appoint a re-
ceiver, to take into his possession the mules, carts, and tools that
now belong to the State, and are employed on the Capitol grounds,
and dispose of them either at public or private sale, and pay the
proceeds into the Treasury; and the Treasurer shall allow said
receiver such compensation as he may think reasonable for his
services.
Which amendment was adopted.
The bill, as amended, passed its third reading.
Ayes 14
Noes 10
Senators voting in the affirmative are :
Messrs. Allen, Boyd, Hildreth, Johnson, Lane, Minnis, McClel-
lan, Nash, Stanton, Stokely, Thompson, Wood and Mr. Speaker
Newman—14.
In the negative:
Messrs. Bradford, Bumpass, Horn, Hunter, MeNeilly, Payne,
Richardson, Stokes, Stovall and Mr. Trimble—10.
On motion of Mr. Lane, the rule was suspended, and the bill
ordered to be engrossed, and transmitted to the House of Repre-
sentatives.
Senate Bill No. 19, to regulate executions and for other purpo-
ses, was taken up on second reading, and,
On motion of Mr. Trimble, referred to the Committee on the
Judiciary.
Senate Bill No. 11, to incorporate the Southern Savings' Insti-
tution of Memphis, was taken up on third reading.
Mr. Payne offered the following amendment:
Sec. —. Be it further enacted, That so much of the law as
Ayes
Noes
14
10
senate bills on third reading,
110
now exists requiring insurance companies to deposit bonds with
the Comptroller, be, and the same is hereby repealed, so far as it
applies to companies incorporated under the laws of Tennessee.
Which amendment was rejected.
The bill then passed its third reading.
Ayes
Noes
Senators voting in the affirmative are :
Messrs. Alien, Boyd, Bradford, Bumpass, Horn, Hunter, Lane,
Minnis, McNeilly, Payne, Peters, Stokes, Stovall, Thompson,
Trimble, Wood and Mr. Speaker Newman—17.
In the negative :
Messrs. Hildreth, Johnson, McClellan, Nash, Richardson and
Mr. Stokely—6.
On motion of Mr. Lane, the bill was ordered to be engrossed
and transmitted to the House of Representatives.
Senate Bill, No. 13, to amend an act passed 23d of March,
1860, entitled An act to encourage the use of Private Capital ;
passed third reading.
Ayes
'Noes
Senators voting in the affirmative are:
Messrs. Bumpass, Hunter, Johnson, Lane, Minnis, McClellan,
Mcx\eilly, Payne, Peters, Stanton, Thompson, Wood and Mr.
Speaker Newman—13.
In the negative :
Messrs. Alien, Boyd, Bradford, Hildreth, Horn, Nash, Richard-
son, Stokes, Stokely, Stovall and Mr. Trimble—11.
Mr. Stanton entered a motion to reconsider the vote passing
the bill.
On motion of Mr. Trimble, the Senate adjourned until to-mor-
row morning at 10 o'clock.
SATURDAY, JANUARY 26, 1861.
The Senate met pursuant to adjournment.
The Journal of yesterday was read and approved.
A message was received from the House of Representatives by
Mr. DeWolf, their Clerk, as follows :
17
6
• 13
•11
Ill
Me. Speaker :
The House of Representatives has passed on third and last
reading, House Bill, No. 17, to repeal the act of 1857, chapter
32, abolishing military duty ; also, House Bill, No. 35, to defray
the expenses of the General Assembly, together with the report
of the Committee on Finance, both of which are herewith trans-
mitted by order of the House, for the action of the Senate thereon.
The Speaker of the House of Representatives has signed en-
rolled resolution, providing for the election of delegates to a Gen-
eral Convention; and the same is herewith transmitted for the
signature of the Speaker of the Senate.
Mr. Minnis, from the Committee on the Judiciary, reported
back House Bill, No. 8, providing a remedy for the collection of
debts, with a recommendation from a majority of the committee,
that it be rejected.
Also, Senate Bill, No. 19, to regulate executions, and for other
purposes, with a recommendation that it be rejected.
Mr. Lane, from the Committee on Banks, reported as follows :
The Committee on Banks, to whom was referred Senate Bill,
No, 20, to authorize the Bank of Tennessee to issue post notes,
and loan money on twelve months' credit, have had the same un-
der consideration, and the members of said committee present be-
ing equally divided in opinion as to the propriety of passing such
a law, I am instructed to return the bill, and ask that the commit-
tee be discharged from the further consideration of the same.
J AS. T. LANE, Chairman.
Mr. Hildreth, from the Committee on Enrolled Bills, reported
Senate Bills, Nos. 11 and 17, as correctly engrossed.
The Speaker presented a package of free tickets to the mem-
bers, from the officers of the Nashville and Northwestern Railroad
Company.
On motion of Mr. McNeilly, the thanks of the Senate were
tendered to the officers of the Nashville and Northwestern Rail-
road Company, for said tickets.
Mr. Thompson offered the following resolution, (Senate Reso-
lution, No. 25):
Resolved hy the General Assembly of the State of Tennessee, That
the Governor immediately open a correspondence by telegraph
with all the southern States, notifying them of the time and place
of the meeting of the Southern Convention, as agreed upon by
this Legislature, and continue the correspondence until he ascer-
tains the time and place that a majority of the States may agree
upon, and then notify our delegates of the same.
Mr. Thompson moved to suspend the rule, for the purpose of
taking up the resolution ; which motion failed, and the resolution
lies over under the rule.
On motion of Mr. Peters, the regular order of business was
112
suspended, and Senate Resolution, No. 20, to adjourn on Monday
the 28th instant, taken up.
Mr. Peters moved to strike out " Monday the 28th instant
which was agreed to.
Mr. Newman (Mr. Wood in the Chair) moved to insert " Mon-
day the 4th of February;" which was agreed to.
The resolution as amended, was then adopted, and ordered to
be engrossed and transmitted to the House of Representatives.
Senate Resolution, No. 4, on Federal Relations, was taken up.
The question being upon the adoption of the amendment of-
fered by Mr. Payne.
Mr. Stokes moved to lay the resolution and amendment on
the table ; on which motion,
Mr. Payne demanded the ayes and noes, which were ordered
' and resulted:
Senators voting in the affirmative are:
Messrs. Allen, Boyd, Bradford, Bumpass, Hildreth, Horn, Nash,
Richardson, Stanton, Stokes, Stokely and Mr. Trimble—12.
In the negative :
Messrs. Johnson, Minnis, McClellan, McNeilly, Payne, Peters,
Stovall, Thompson, Wood and Mr. Speaker Newman—10.
So the resolution and amendment were laid on the table.
House Bill No. 17, to repeal the act of 1857, chap. 32, abolish-
ing military duty.
Passed first reading.
On motion of Mr. Lane, the vote passing the bill on its first
reading, was reconsidered.
Mr. Bumpass offered the following amendment:
Sec. —. Be it further enacted, That it shall be the duty of each
captain of the different companies organized under the militia
law of Tennessee, to appoint, at each regular company drill day,
four separate patrol companies, each composed of five efficient
men from his company, who shall patrol at least four times within
the bounds of their respective beats for the term of their appoint-
ment, which shall continue until the next succeeding drill day only,
and they shall not be again detailed for such duty until after each
man shall have performed such service.
Which amendment was adopted.
The bill, as amended, passed its first reading.
House Bill No. 35, to defray the expenses of the General As-
sembly, with the report of the Finance Committee.
Passed first reading, and,
Ayes
Noes
12
10
house bills on first reading,
113
On motion of Mr. Lane, was referred to the Committee on Ways
and Means.
House Bill No. ft, providing a remedy for the collection of debts,
was taken up on third reading.
Mr. Bumpass offered the following amendment:
Sec. -—. Be it further enacted, That all judgments obtained
under this act shall bear ten per cent, interest.
Upon the adoption of the amendment, Mr. Bumpass demanded
the ayes and noes; which were ordered, and resulted:
Ayes 8
Noes 13
Senators voting in the affirmative are:
Messrs. Bumpass, Hunter, Lane, Payn^, Peters, Richardson,
Trimble and Mr. Wood—8.
In the negative:
Messrs. Allen, Boyd, Bradford, Hildreth, Johnson, Minnis, Mc-
Clellan, McNeilly, Stokes, Stokely, Stovall, Thompson and Mr.
Speaker Newman—13.
So the amendment was rejected.
Mr. Thompson demanded the previous question, which demand
was sustained.
The bill then passed its third reading.
Ayes 12
Noes 8
Senators voting in the affirmative are:
Messrs. Allen, Bradford, Horn, Hunter, Johnson, Minnis, Mc-
Clellan, McNeilly, Payne, Peters, Stovall and Mr. Thompson—12..
In the negative:
Messrs. Boyd, Bumpass, Hildreth, Richardson, Stokes, Stokely,,
Trimble and Mr. Speaker Newman—8.
Mr. Lane, when his name was called, stated that he was op-
posed to the passage of the bill, but had paired off with the Sen-
ator lrom Cannon, (Mr. Wood,) who was in favor of the bill, and
who was prevented from attending the Senate ou account of se-
vere illness.
Mr. Bumpass moved that Mr. Payne be allowed to change his
vote on the passage of the bill; which motion was disagreed to.
Mr. Thompson moved to reconsider the vote passing the bill on
its third reading, and then moved to lay that motion on the table.
On the adoption of the latter motion, Mr. BoyM demanded the
ayes and noes, which were ordered and resulted :
Ayes 10
Noes 10
Senators voting in the affirmative are :
Messrs. Allen, Horn, Hunter, Johnson, Minnis, McClellan, Mc-
Neilly, Payne, Peters and Mr. Thompson—10.
8 $
114
In the negative:
Messrs. Boyd, Bradford, Bumpass, Hildreth, Richardson, Stokes,
Stokely, Stovall,. Trimble and Mr. Speaker Newman—10.
So the motion to lay on the table failed.
The question recurring upon the motion to reconsider, Mr. Stokes
demanded the ayes and noes, which were ordered and resulted—
Ayes 8
Noes 12
Senators voting in the affirmative are :
Messrs. Bovd, Bumpass, Hildreth, Richardson, Stokes Stokely,
Trimble and Mr. Speaker Newman—:8.
In the negative :
Messrs. Allen, Bradford, Horn, Hunter, Johnson, Minnis, Mc-
Clellan, McNeilly, Payne, Peters, Stovall and Mr. Thompson—12.
So the motion to reconsider failed, and the bill was ordered to
be returned to the House of Representatives for enrolment.
Mr. Horn entered a motion to reconsider the vote rejecting
Senate Bill No. 12, for the relief of Justices of the Peace, on its
third reading.
On motion of Mr. Minnis, Senate Bill No. 9, to enable the State
of Tennessee to repel invasion and suppress insurrection, was
taken up on its third reading.
Mr. Newman, (Mr. Stovall in the Chair,) offered the following
amendment:
Sec. —. Be it further enacted, That the Board of Commis-
sinners shall have power to appoint a Commissioner who shall
purchase for the State, arms, under the direction of the Board;
that he shall be paid for such service such reasonable compensa-
tion as the Board may agree on.
Which amendment was adopted.
Mr. Trimble moved to amend the firet section of the bill by ad-
ding the following:
Provided, That said bonds shall not be sold for less than ninety
cents on the dollar.
On the adoption of which amendment, he demanded the ayes
and noes, which were ordered and resulted—
Ayes 13
Noes 10
Senators voting in the affirmative are :
Messrs. Allen, Boyd, Bumpass, Hildreth, Horn, Lane, Nash,
Richardson, Stanton, Stokes, Stokely and Mr. Trimble—13.
In the negative:
Messrs. Hunter, Johnson, Minnis, McClellan, McNeilly, Payne,
Peters, Stovall, Thompson and Mr. Speaker Newman—10.
So the amendment was adopted.
On motion of Mr. Lane, " five hundred," where it appears in
the first section of the bill, was stricken out, and then,
115
On motion of Mr. Lane, the blank was filled by inserting " two
hundred and fifty."
On motion of Mr. Bumpass, the further consideration of the
bill was postponed, and it was made the special order for Mon-
day next, at 11 o'clock, A.M.
On motion of Mr. Bumpass, the Senate adjourned until Mon-
day morning, 10 o'clock.
MONDAY, JANUARY 28, 1861.
The Senate met pursuant to adjournment.
The Journal of Saturday was read and approved.
Mr. Hildreth, from the Committee on Enrolled Bills, reported
Senate Resolution, No. 20, as correctly engrossed.
Mr. Trimble presented a preamble and resolution adopted by
the Common Council of the city of Nashville, earnestly requesting
the Legislature not to entertain any proposition authorizing the
city of Nashville to endorse the bonds of the Edgefield and Ken-
tucky Railroad Company ; and also a memorial from a large
number of citizens of Nashville, making the same request.
The memorials, on motion of Mr. Trimble, were ordered to be
transmitted to the House of Representatives.
Mr. Richardson offered the following resolution, (Senate Reso-
lution, No. 26,):
Resolved by the General Assembly of the State of Tennessee,
That the commissioners recently elected by the Legislature be
requested to repair to Washington city, in order to meet the com-
missioners from such States as may be represented in the Con-
vention, on the fourth day of February, or as soon thereafter as
possible, and that the Governor inform them of the passage of
this resolution at the very earliest moment.
On motion of Mr. Richardson, the rule was suspended and the
resolution taken up and adopted.
On motion of Mr. Richardson, the rule was suspended and the
resolution ordered to be engrossed and transmitted to the House
of Representatives.
Senate Resolution, No. 25, directory to the Governor, was, on
motion of Mr. Thompson, passed over informally.
Mr. Newman, (Mr. Stovall in the chair,) moved to reconsider
116
the vote ordering the transmission of Senate Resolution, No. 26,
to the House of Representatives ; on which motion,
Mr. McNeilly demanded the ayes and noes, which were ordered,
and resulted :
Ayes
Noes
Senators voting in the affirmative are :
Messrs. Hunter, Johnson, McCiellan, McNeilly, Peters, and
Mr. Thompson—6.
In the negative:
Messrs. Allen, Boyd, Bradford, Bumpass, Hildreth, Lane, Nash,
Richardson, Stanton, Stokes, Stokely, Stovall, Trimble, and Mr.
Speaker Newman—14.
So the motion to reconsider failed.
Mr. Horn stated, when his name was called, that he had paired
off with the Senator from Shelby (Mr. Payne) upon all questions
of this character.
A message was received from the Governor, by the hands of
J. E. R. Ray, Esq., Secretary of State, as follows :
Executive Department, )
Nashville, January 28, 1861. )
Gentlemen of the Senate and
Jfouse of Representatives:
I herewith transmit resolutions adopted by the Convention of
Georgia, for such action as you may see fit to take in the
premises.
In view of the fact that no place has been definitely agreed
upon for the meeting of the representatives of the Southern
States, on the fourth of February, provided for by your resolu-
tions of the 22d inst., and there is not time sufficient for the States
to confer with each other, and agree upon a place of meeting, I
recommend the adoption of a resolution fixing Montgomery,
Ala., as the place of meeting, as it is certain that a number of
Southern States vyill be represented at that place on that day;
and if any other place should be fixed at this late day, there is
no hope of a full meeting, if, indeed, our delegates are met by
representatives of any other State. If this policy shall be adop-
ted, I suggest the propriety of telegraphing the same to the Gov-
ernors of all the Southern States. Respectfully,
ISHAM G. HARRIS.
On motion of Mr. Stokes, the message was laid upon the table.
Mr. Peters asked and obtained leave of absence for Mr. Payne,
on account of the illness of his partner.
Mr. Lane moved that the message of His Excellency, the Gov-
eritor, be taken from the table and transmitted to the House of
Representatives; which motion was agreed to.
6
14
117
Mr. Hildreth, from the Committee on Enrolled Bills, reported
Senate Resolution, No. 26, as correctly engrossed.
Mr. Stanton introduced Senate Bill, No. 21, to extend the time
for the Southwestern Railroad to bring itself within the provis-
ions of former acts ; passed first reading.
The hour of 11 o'clock having arrived, the special order of the
day for that hour, being Senate Bill, No. 9, to enable the State of
Tennessee to repel invasion and suppress insurrection, was taken
up on third reading.
Mr. Newman (Mr. Stovall in the chair) offered the following
amendment:
Sec. —. Be it jurther enacted, That the arms proposed to be
purchased by this act shall be used alone lor the purpose of sup-
pressing insurrection or repelling invasion.
Which amendment was adopted.
The bill as amended passed on its third reading.
Senators voting in the affirmative are :
Messrs. Bumpass, Hildreth, Hunter, Johnson, Lane, McClellan,
McNeiliy, Peters, Stovall, Thompson, and Mr. Speaker Newman
—11.
In the negative:
Messrs. Allen, Boyd, Bradford, Nash, Richardson, Stokes,
Stokely and Mr. Trimble—8.
Mr. Lane moved to reconsider the vote passing the bill, on
which motion,
Mr. Newman (Mr. Stovall in the chair) demanded the ayes
and noes, which were ordered, and resulted :
Ayes 8
Noes .11
Senators voting in the affirmative are :
Messrs. Allen, Boyd, Bradford, Nash, Richardson, Stokes,
Stokely, and Mr. Trimble—8.
In the negative :
Messrs. Bumpass, Hildreth, Hunter, Johnson, Lane, McClellan,
McNeiliy, Peters, Stovall, Thompson, and Mr. Speaker Newman
So the motion to reconsider failed.
Senate Bill No. 19, to regulate executions, and for other pur-
poses, was taken up on second reading.
On motion of Mr. Hildreth, the bill was laid on the table.
Senate Bill No 20, to authorize the Bank of Tennessee to
issue post notes, and loan money on twelve months' credit, was
taken up on third reading.
Mr. Lane moved to refer the bill to a special committee of
Ayes
Noes
11
8
—11.
118
three, to report on tomorrow morning; which motion was
agreed to.
The Speaker appointed Messrs. Stanton, Bradford, and Johnson
to compose said committee.
Mr. Trimble presented a memorial from a number of the citi-
zens of Nashville praying the Legislature to pass no law author-
izing said city to endorse the bonds of the Edgefield and Ken-
tuky Railroad Company : which was read, and,
On motion of Mr. Trimble, ordered to be transmitted to the
House of Representatives.
On motion of Mr. Hildreth, the motion entered by Mr. Horn to
reconsider the vote rejecting Senate Bill No. 12, for the relief of
justices of the peace, on its third reading, was taken up, and the
motion to reconsider prevailed.
The bill then passed its third reading.
Ayes y • • 15
Noes 3
Senators voting in the affirmative are :
Messrs. Boyd, Bradford, Bumpass, Hildreth, Hunter, Johnson,
Lane, McNeilly, Nash, Peters, Stanton, Stokes, Stokely, Thomp-
son and Mr. Speaker Newman—15.
In the negative;
Messrs. McClellan, Richardson and Mr. Trimble—3.
On motion of Mr. Hildreth, the bill was ordered to be engross-
ed and transmitted to the House of Representatives.
On motion of Mr. Bumpass, the Senate adjourned until to-
morrow morning 10 o'clock.
TUESDAY, JANUARY 29, 1861.
The Senate met pursuant to adjournment.
Journal of yesterday was read and approved.
Mr. Wood, from the Committee on Ways and Means, reported
as follows:
Mr. Speaker :
The Committee on Ways and Means, to whom was referred
House Bill No. 35, to defray the expenses of the General Assem-
119
bly, together with the report of the Committee on Finance, hfve
had the same under consideration, and after filling several blanks,
have instructed me to recommend its passage.
Respectfully submitted, ELL J. WOOD, Chairman.
Mr. Hildreth, from the Committee on Enrolled Bills, reported
Senate Bills Nos 9 and 12 as correctly engrossed.
Mr. Thompson offered the following resolution, (Senate Resolu-
tion No. 27):
Whereas, The Legislature of the State of Tennessee having
passed resolutions calling a Convention of the slaveholding States,
to assemble at INashville, Tennessee, on the 4th of February next,
for the purpose of laying down an ultimatum for the reconstruc-
tion of the Union; and whereas, the Legislature having also
passed a subsequent resolution for the assemblage of said Con-
vention, to be held in the city of Washington on the day above
mentioned; and whereas a majority of the Southern States have
not been consulted as to the place of holding said Convention,
and a portion of the non-slaveholding States have expressed a
desire to have a representation in said Convention ; therefore,
Resolved by the General Assembly of the State of Tennessee, That
our delegates to said Convention are hereby instructed not to
recognize any delegate to said Convention front a non-slavehold-
ing State.
Resolved, That unless a majority of the Southern States, includ-
ing the seceding States, are repsesented in said Convention, our
delegates are hereby instructed to take no part in the proceedings
of said Convention, and to return home as soon as that fact is as-
certained, and the action of said Convention, in that event, will
not be binding upon 1 ennessee.
Resolved, That if a majority of all the Southern States should
meet in said Convention, then we pledge the faith of Tennessee
to abide the action of said Convention, and not unless there is a
representation from a majority of all the Southern States.
The resolutions lie over under the tule.
Mr. Horn offered the following resolution, (Senate Resolution
No. 28) :
Resolved by the General Assembly of the State of Tennessee, That
the securities of C. Greene, deceased, late tax collector for Robert-
son county, have until the 15th of October, 1861, to make their
final settlement with the Comptroller of the State of Tennessee.
On motion of Mr. Horn, the rule was suspended and the reso-
lution taken up.
The ayes and noes being ordered on the adoption of the resolu-
tion, resulted :
Ayes
Noes
16
4
120
Senators voting in the affirmative are :
Messrs. Allen, Boyd, Bradford, Bumpass, Horn, Hunter, John-
son, Lane, McClellan, McNeilly, Nash, Stanton, Stokes, Stovall,
Thompson and Mr. Speaker Newman—16.
In the negative:
Messrs. Hildreth, Richardson, Stokely and Mr. Trimble—4.
So the resolution was adopted, and,
On motion of Mr. Horn, the rule was suspended, and the reso-
lution ordered to be engrossed and transmitted to the House of
'Representatives.
Mr. Trimble presented a memorial from a number of the citi-
zens of Nashville praying that no law be passed by the Legisla-
ture authorizing the endorsement by the city of Nashville of the
bonds of the Edgefield and Kentucky Railroad Company; which
was read, and, x
On motion of Mr. Trimble, ordered to be transmitted to the
House of Representatives.
House Bill, No. 35, to defray the expenses of the General As-
sembly, together with the report of the Finance Committee, was
taken up on second reading.
Mr. Newman (Mr. Stovall in the Chair) moved to strike out the
names of J. O. Griffith & Co., where they appear in the eleventh
section of the bill, and insert the names of E. G. Eastman & Co.;
which motion prevailed.
The bill as amended, passed its second reading, and,
On motion of Mr. Newman, was recommitted to the Commit-
tee on Ways and Means.
Senate Bill, No. 21, to extend the time for the Southwestern
Railroad to bring itself within the provisions of former acts;
passed second reading.
Senate Bill, No. 5, for the relief of the people of Tennessee,
was taken up on third reading.
Mr. Allen moved to lay the bill on the table ; which motion
prevailed.
On mouon of Mr. Stanton, the special order of the day, being
Senate Bill, No. 20, authorizing the Bank of Tennessee to issue
post notes, and loan money on twelve months' credit, was passed
over informally.
A message was received from the House of Representatives by
Mr. Campbell, their clerk, as follows :
Mr. Speaker :
The House of Representatives has amended and adopted Sen-
ate Resolution, No. 22, for the relief of Jas. R. Gardner ; and the
same is herewith returned to the Senate for concurrence.
The House of Representatives has considered and tabled Sen-
ate Bill, No. 15, for the relief of parties who appeal from Inferior
to a Superior Court; and have also considered and tabled Senate
121
Resolution, No. 21, directory to the President and our Represen-
tatives in Congress, both of which are herewith returned to the
Senate.
The House of Representatives has considered and indefinitely
postponed Senate Bill, No. 14, to encourage foreign importations;
which is herewith returned to the Senate.
The House of Representatives has considered and concurred in
Senate Resolution, No. 20, to adjourn sine die; and the same is
herewith returned to the Senate for enrolment.
The House has amended and passed on third and last reading,
Senate Rill, No. 10, for the relief of Railroad Companies and Re-
ceivers; and the same is herewith returned to the Senate for con-
currence.
The Speaker of the House of Representatives has signed en-
rolled act, prescribing the remedy for the collection of debts and
relief of the people ; and the same is herewith transmitted for
the signature of the Speaker of the Senate.
house messages.
House message returning Senate Resolution, No. 22, for the re-
lief of J as. R. Gardner, with a resolution in lieu, was taken up,
and the resolution in lieu concurred in.
House message returning Senate Bill, No. 10, for the relief of
Railroad Companies and Receivers, with various amendments,
was taken up, and the amendments were severally concurred in,
with the exception of that one forbidding any one who is ap-
pointed a railroad receiver, to hold any other office connected
with the road ; and requiring the Governor to appoint a superin-
tendent as well as a receiver; which,
On motion of Mr. Stovall, was non-concurred in.
House amendment to said bill, authorizing the eitizens of Cheat-
ham county to vote in the districts formed by the County Court of
that county, instead of in the old districts of the counties from
which they were taken, coming up,
On motion of Mr. Trimble, the amendment was referred to the
Committee on the Judiciary.
A message was received from the House of Representatives by
Mr. Campbell, their clerk, as follows :
Mr. Speaker :
By direction of the House of Representatives, 1 herewith trans-
mit to the Senate, a petition of many citizens of Tennessee, call-
ing on the General Assembly to memorialize Congress to adopt
the Crittenden resolutions, and to call a National Convention, &c.
The House of Representatives has considered and adopted
Senate Resolution, No. 24, for the relief of N. G. Phillips; and
the same is herewith returned to the Senate for enrolment.
The House of Representatives has passed on third and last
122
reading, House Bill, No. 20, to amend an aet passed 22d March,
1860, and for other purposes; and the same is herewith traps-
mitted to the Senate for its action thereon.
House Bill, No. 20, to amend an act passed 22d March, I860,
and for other purposes, was taken up and passed first reading.
A memorial from a number of the citizens of Sevier county,
suggesting to the General Assembly the propriety of memorializ-
ing Congress, and urging the adoption ol the Crittenden proposi-
tions, was read, and,
On motion of Mr. Stokely, was referred to the Committee on
Federal Relations.
On motion of Mr Stovall, the Senate adjourned until to-mor-
row morning 10 o'clock.
WEDNESDAY, JANUARY 30, 1861,
The Senate met pursuant to adjournment.
Prayer by the Rev. Dr. Howell.
The Journal of yesterday was read and approved.
Mr. McClellan, Ifom the Joint Select Committee on Military
Affairs, reported back House Bill, No. 17, to repeal the act of
1857, chapter 32, abolishing military duty, and recommended its
passage with the following amendments :
Amendment to section 5 : Provided, There are no militia offi-
cers to issue said writs of election, it is hereby made the duty of
the several sheriffs to issue writs of election for regimental and
company officers.
Additional section:
Sec. 6. Be it further enacted, That it is hereby made the duty
of the Secretary of State to prefix to this act all the militia laws
of the State in force, from the act passed January 28th, 1840, to
the present time ; that this act take effect from and after its
passage.
Mr. Hildreth, from the Committee on Enrolled Bills, reported as
correctly enrolled, joint resolutions to adjourn sine die on Monday
the 4th of February; for the relief of N. G. Phillips; and joint
resolution for the relief of James R. Gardner; also, Senate Reso-
lution, No. 28, as correctly engrossed.
Mr. Hildreth, from the Judiciary Committee, to whom was re-
123
ferred House amendment to Senate Bill, No. 10, for the relief of
Railroad Companies and Receivers ; in relation to voting places
in the county of Cheatham, reported back the same, and asked to
be discharged from its further consideration.
Senate Resolution, No. 6, on Federal Relations, was taken up,
when,
Mr. Thompson asked and obtained leave to withdraw the same
from the calendar.
Senate Resolution, No. 16, directory to the Governor, was
taken up.
Mr. Newman, (Mr. McClellan in the Chair,) moved to amend
the resolution, by inserting after the word " States," the words,
" as have not seceded."
Mr. Stanton moved to amend the amendment, by adding the
following:
" And that the said Governor, in said correspondence, inform
other Governors that we deem Washington City the most appro-
priate place for said meeting."
Mr. Stokely moved to lay the resolution and amendments on
the table.
On which motion, Mr. Thompson demanded the ayes and noes,
which were taken and resulted—
Ayes 13
Noes 9
Senators voting in the affirmative are:
Messrs. Allen, Boyd, Bradford, Bumpass, Hildreth, Horn, Nash,
Richardson, Stanton', Stokes, Stokely, Trimble and Mr. Speaker
Newman—13.
In the negative:
Messrs. Johnson, Lane, Mickley, McClellan, McNeilly, Peters,
Thompson and Mr. Wood—9.
So the resolution and amendments were laid on the table.
Mr. Newman, (Mr. McClellan in the Chair,) offered the follow-
ing resolution, (Senate Resolution No. 29,):
Resolved by the General Assembly of the State of Tennessee,
That the same number of the Acts and Journals of the proceed-
ings of the General Assembly be printed and distributed as pro-
vided in a joint resolution passed March 19th, 1860, providing for
the printing of the Acts and Journals of that session of the Gen-
eral Assembly.
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 Kepresentatives.
A message from the House of Representatives was received by
Mr. Campbell, their Clerk, as follows :
Mr. Speaker:
The House of Representatives has concurred in Senate amend-
124
ment to House Bill, No. 14, for the relief of tax payers of this
State.
The Speaker of the House of Representatives has signed en-
rolled joint resolution, proposing amendments to the Constitution
of the United States; also, enrolled act to relieve tax payers of
this State, both of which are herewith transmitted for the signa-
ture of thb Speaker of the Senate.
The House of Representatives has passed on third and last
reading House Bill, No. 29, reducing the rate of interest from 12J
per cent, to 5, in cases of appeal; also, House Bill No. 37, for
the repeal of the 6th section of chapter 125, of the act passed 13th
of March, 1860, both of which are herewith transmitted for the
action of the Senate thereon.
The House of Representatives has amended and passed upon
third and last reading, Senate Bill, No. 16, incorporating a Mili-
tary Department in the Andrew College, and to incorporate the
Memphis Arms Company, which is herewith returned for concur-
rence.
The House amendment in relation to voting places in Cheatham
county, adopted to Senate Bill, No. 10, for the relief of Railroad
Companies and Receivers, was taken up.
On motion of Mr. Richardson, the request of the Judiciary
Committee to be discharged from the further consideration of the
amendment, was granted.
The amendment was then, on motion of Mr. Trimble, concur-
red in by the Senate.
The bill and amendments were ordered to be returned to the
House of Representatives for their further action.
Senate Bill, No. 21, to extend the time for the Southwestern
Railroad Company to bring itself within the provisions of former
acts, was taken up on third reading.
Mr. Allen offered the following amendment:
Be it enacted, That all of the proviso in the 6th section of an
act entitled an act to enable the Northwestern Railroad Company
to unite with or lease the Mississippi Central Railroad, and for
other purposes, be, and the same is hereby repealed, and that the
remainder of said sixth section of said act, be, and still is in force.
On the adoption of which amendment, Mr. Lane demanded the
ayes and noes, which were ordered and resulted—
Ayes 11
Noes 10
Senators voting in the affirmative are :
Messrs. Allen, Boyd, Bradford, Horn, Mickley, McNeilly, Peters,
Richardson, Stanton, Thompson and Mr. Trimble—11.
Jn the negative:
Messrs. Bumpass, Johnson, La'ne, McClellan, Nash, Stokes,
StokeJy, Stovall, Wood and Mr. Speaker Newman—10.
125
So the amendment was adopted.
Mr. Hildreth asked to be excused from voting upon the propo-
sition ; which request was granted.
Mr. Horn offered an amendment to the bill, providing for a con-
solidation of the Edgefield and Kentucky and the Henderson and
Nashville Railroad Companies, and to authorize the citizens of
Nashville to vote upon a proposition whether or not the said city
would endorse the income bonds of the said consolidated Railroad
Company.
Mr. Trimble moved to lay the amendment on the table.
Mr. Horn demanded the ayes and noes on the motion ; which
were ordered and resulted—
Ayes 10
Noes ,11
Senators voting in the affirmative are:
Messrs. Bradford, Bumpass, Hildreth, Johnson, Nash, Richard-
son, Stantbn, Stokes, Trimble and Mr. Speaker Newman—10.
In the negative:
Messrs. Boyd, Horn, Lane, Mickley, McClellan, McNeilly, Pe-
ters, Stokely, Stovail, Thompson and Mr. Wood—11.
The question recurring upon the adoption of the amendment,
Mr. Horn demanded the ayes and noes, which were ordered and
resulted—
Ayes.... 5
Noes......... > 16
Senators voting in the affirmative are:
Messrs. Horn, Mickley, Peters, Stokely and Mr. Thompson—5.
In the negative:
Messrs. Allen, Boyd, Bradford, Bumpass, Hildreth, Johnson,
Lane, McClellan, Nash, Richardson, Stanton, Stokes, Stovall,
Trimble, Wood and Mr. Speaker Newman—16.
So the amendment was rejected.
On motion of Mr. Hildreth, the further consideration of the bill
was postponed for the present, and it was referred to the Commit-
tee on the Judiciary, with instructions to report at 3 o'clock, p.m.,
to-day.
Mr. Stanton moved that Senate Bill No. 20, to authorize the
Bank of Tennessee to issue post-notes and to loan money on twelve
months' credit, be made the special order for this day at 3 o'clock,
p. m.; which motion was agreed to.
A message from the House of Representatives was received by
Mr. Campbell, their clerk, as follows:
Mr. Speaker :
The House of Representatives has amended and adopted Sen-
ate Resolution, No. 26, directory to the Commissioners recently
elected by the General Assembly, and the same is herewith re-
turned, with amendments, to the Senate for concurrence.
126
On motion of Mr. Richardson, the message was taken up, and
House amendment No. 1, "*as concurred in.
House amendment No. 2, to said resolution, was then taken up.
Mr. Richardson moved that the Senate concur in the amend-
ment.
i On which motion, Mr. Lane demanded the ayes and noes;
which were ordered and resulted:
Ayes. 19
Noes 4
Senators voting in the affirmative are:
Messrs. Allen, Boyd, Bradford, Bumpass, Hildreth, Horn, Hun-
ter, Johnson, McClellan, McNeilly, Nash, Peters, Richardson,
Stanton, Stokes, Stokely, Stovall, Trimble and Mr. Speaker New-
man—19. '
In the negative:
Messrs. Lane, Mickley, Thompson and Mr. Wood—4.
So the amendment was concurred in.
Mr. Stokes moved to reconsider the vote concurring in the
amendment, and then moved to lay that motion on the table.
On the adoption of the latter motion, Mr. Thompson demanded
the ayes and noes; which were ordered, and resulted:
Ayes 18
Noes 5
Senators voting in the affirmative are:
Messrs. Allen, Boyd, Bradford, Bumpass, Hildreth, Horn, Hun-
ter, Johnson, McNeilly, Nash, Peters, Richardson, Stanton, Stokes,
Stokely, Stovall, Trimble and Mr. Speaker Newman—18.
In the negative:
Messrs. Lane, Mickley, McClellan, Thompson and Mr. Wood-5.
So the motion to lay the motion to reconsider on the table pre-
vailed.
Mr. Stanton, from the Special Committee, to whom was refer-
red Senate Bill No. 20, to authorize the Bank of Tennessee to
issue post notes and loan money on twelve months' credit, report-
ed as follows
Mr. Speaker:
The Special Committee of Three, to whom was referred the bill
authorizing the Bank of Tennessee to issue and distribute among
its branches one million of notes, have, in conformity with the in-
structions and orders of the Senate, conferred with the officers of
the said bank, as well as with those of the Union and Planters'
Banks, and ascertained from those officers that they do not desire
to issue post notes, but deem the legalization of suspension con-
templated as equivalent to a post note system in its practical
effects. They indicate a desire, however, to expand their circula-
127
tion to an extent sufficient to meet the demands of commerce and
credit all over the State, and from the policy thus indicated, the
committee think that the passage of the bill aforesaid, with the
amendment accompanying this report, would not come in conflict
with the intention of the Bank of Tennessee, or with those of the
other banks; but would meet their approbation, and insure mate-
rial relief to the country.
S. S. STANTON.
On motion of Mr. Stokely, the Senate took a recess until
o'clock p. m.
AFTERNOON SESSION.
The Senate was called to order at 2\ o'clock, p. m., by the
Speaker.
On motion of Mr. Butnpass, the House message returning Sen-
ate Bill, No. 16, to incorporate a military department in Andrew
College, and to incorporate the Memphis Arms Company, with an
amendment, was taken up, and,
On motion of iVir. Bumpass, the House amendment striking out
the 2d section of the bill, was concurred in, and the bill was or-
dered to be enrolled.
HOUSE BILLS ON FIRST READING.
House Bill No. 29, reducing the rate of interest from twelve
and a half per cent, to six in cases of appeal, passed first reading.
House Bill No. 37, to repeal the sixth section of chapter 125,
of an act passed 13th March, 1860, passed lirst reading.
HOUSE BILLS ON SECOND READING.
House Bill No. 17, to repeal? the act of 1857, chapter 32, abol-
ishing military duty, was taken up on second reading.
The amendments proposed by the Joint Select Committee on
Military Affairs were adopted.
The bill, as amended, then passed its second reading.
House Bill No. 20, to amend an act passed 22d March, 1860,
and for other purposes, passed second reading.
The motion entered by Mr. Stanton to reconsider the vote pass-
ing Senate Bill No. 13, to amend an act passed 23d March, I860,
entitled an act to encourage the use of private capital, on its
128
third reading, was taken up, and the Senate refused to reconsider
the vote.
The hour of 3 o'clock having arrived, the special order for that
hour being Senate Bill No. 20, to authorize the Bank of Tennes-
see to issue post notes and loan money on twelve months' credit,
was taken up on third reading.
Mr. Stanton moved to strike out all of the enacting clause of
the bill and insert the following :
That the Bank of Tennessee is hereby required to distribute
one million of dollars in bills among the various branches of the
same, in sums proportional to the population of the respective
branch districts ; and the said branches shall loan the same to
good and solvent borrowers, on credit of twelve months, and
collect the same in by calls of one-third at every four months;
Provided, that at the option of the Board the debtors may, at each
renewal, be required to give new or additional security; Pro-
vided, also, that in extending said loans upon the part of said
branches, due regard shall be had to each county in said branch
district, so as that, if demanded by the directors of the counties,
the accommodations shall be proportional to the population of
each of said counties; and that no discrimination shall be made
between farmers, merchants, or traders; and this act shall take
effect from its passage.
Sec. 2. Be it further enacted, That the mother bank shall loan
to the different counties in which it is located, in the same man-
ner, and on the same conditions that the branches are required
to do by this act.
The motion to strike out an insert prevailed.
The bill as amended then passed its third reading.
Ayes 13
Noes • 9
Senators voting in the affirmative are :
Messrs. Allen, Bradford, Home, Johnson, Mickley, McNeilly,
Nash, Peters, Stanton, Stokes, Stovall, Thompson, and Mr. Wood
—13.
In the negative:
Messrs. Boyd, Bumpass, Hildreth, Lane, McClellan, Richardson,
Stokely, Trimble, and Mr. Speaker Newman—9.
Mr. Stanton moved that the rules be suspended, in order that
the bill might be ordered to be engrossed and transmitted * to the
House of Representatives.
On the motion to suspend the rule, Mr. Hildreth demanded the
ayes and noes, which were ordered, and resulted :
Ayes
Noes
15
7
129
Senators voting in the affirmative are:
Messrs. Allen, Boyd, Bradford, Bumpass, Horn, Johnson, Mick-
ley, McNeilly, Nash, Peters, Stanton, Stokes, Stovall, Thompson,
and Mr. Wood—15.
In the negative :
Messrs. Hildreth, Lane, McClellan, Richardson, Stokely, Trim-
ble, and Mr. Speaker Newman—7.
So the rule was suspended, and the bill ordered to be engrossed
and transmitted to the House ot Representatives
A message was received from the House of Representatives, by
their Clerk, Mr. Campbell, as follows:
Mr. Speaker :
The House of Representatives has variously amended and
passed on third and last reading Senate Bill, No. 4, to give the
banks further time to resume specie payments, and the same, with
amendments, is herewith returned to the Senate for concurrence.
The Speaker of the House has signed the following joint reso-
lutions, and the same are herewith transmitted for the signature
of the Speaker of the Senate, viz:
To adjourn sine die ;
For the relief of N. G. Philips, of Carroll county;
For the relief of James R. Gardner.
House message returning Senate Bill, No. 4, to give the banks
further time to resume specie payments, with amendments, was
taken up. when
Mr. Trimble asked and obtained leave to withdraw the bill and
amendments for examination.
Mr Stokes, from the Committee on the Judiciary, to whom was
referred Senate Bill, No. 21, to give the Southwestern Railroad
Company further time to bring itself within the provisions of
former acts, reported back the bill, with the statement that in the
belief of that portion of the Committee present, such legislation
was not embraced in the message of the Governor, and w»asr
therefore, unconstitutional.
The bill was then taken up on third reading* and was rejected.
, Ayes 8
Noes 14
Senators voting in the affirmative are:
Messrs.#dlen, Boyd, Bradford, Mickley, Peters-, Stanton, Thomp-
sori, and Mr. Wood—8.
In the negative:
Messrs. Bumpass, Hildreth, Horn, Johnson, Lane, McClellan,
McNeilly, Nash, Richardson, Stokes, Stokely, Stovall, Trimble,
and Mr. Speaker Newman—14.
A message was received from the House of Representatives,,
by Mr. Campbell, their Clerk, as follows:
9 s
130
Mr. Speaker:
By order of the House of Representatives, I herewith transmit
to the Senate a memorial from numerous citizens of Bradley
county, memorializing this General Assembly in the language fol-
lowing, to-wit:
That inasmuch as the Legislature has kindly granted the privi-
lege of a stay of twelve months to all debtors thoughout the
State, that it is the desire of the undersigned that a like stay be
granted to the State herself, and that the pay of all the members
of the Legislature be stayed for the same length of time.
On motion of -Mr. Stovall, the message was taken up, and the
memorial transmitted therewith was laid on the table.
On motion of Mr. Bumpass, the Senate adjourned until to mor-
morning, 10 o'clock.
THURSDAY, JANUARY 31, 1861.
The Senate met pursuant to adjournment.
The Journal of yesterday was read and approved.
Mr. Newman, (Mr. Bradford in the Chair,) presented a memo-
rial from a large number of citizens of Lincoln county, praying
for the repeal of the stay law passed at the present session of the
General Assembly; also, the proceedings of a public meeting of
the citizens of said county on the same subject. The memorial
being read,
On motion of Mr. Newman, it was ordered to be transmitted to
the House of Representatives.
Mr. Richardson returned Senate Bill No. 4, to give the Banks
further time to resume specie payments, with House amendments,
and moved that the Senate take up said amendments; which
motion was agreed to.
The House amendments to said bill were taken up and sever-
ally concurred in, with the exception of Nos. 2 and 6, which were
non-concurred in.
The bill and amendments were ordered to be returned to the
House of Representatives for further action.
Mr. Wood, from the Committee on Ways and Means, submitted
the following report:
181
Mr. Speaker :
The Committee on Ways and Means, to whom was referred
House Bill No. 35, to defray the expenses of the General Assem-
bly, have had the same under consideration, and after striking out
" forty dollars/' in section 4, and inserting " fifty dollars," recom-
mend its passage.
ED. J. WOOD, Chairman.
Mr. Stokes presented a petition from many citizens of Wilson
county, praying the unconditional repeal of the stay law passed
at the present session of the General Assembly ; which being
read, was,
On motion of Mr. Stokes, ordered to be transmitted to the House
of Representatives.
Mr. Newman, (Mr, Lane in the Chair,) moved to suspend the
regular order of business, and take up House Bill No. 29, redu-
cing the rate of interest from 12^ per cent, to six, in cases of ap-
peal; which motion was agreed to, and the bill taken up on its
second reading.
Mr. Newman offered the following amendment;
Sec. —. Be it further enacted, That an act passed Januan^ 26th,
1861, an act prescribing the remedy for the collection of debts,
and the relief of the people, be, and the same is hereby repealed.
That this act take effect from and after its passage.
On the adoption of the amendment, Mr. Stovall demanded the
ayes and noes, which were ordered and resulted—
Ayes ,. , ,...12
Noes ,.,....12
Senators voting in the affirmative are ;
Messrs. Boyd, JBumpass, Hildreth, Lane, Minnis, Nash, Rich-
ardson, Stanton, Stokes, Stokely, Trimble and Mr. Speaker New-
man—12.
In the negative;
Messrs. Allen, Bradford, Horn, Hunter, Johnson, Mickle}T, Mc-
Clellan, McNeilly, Peters, Stovall, Thompson and Mr. Wood—12.
So the amendment was rejected on a tie vote.
Mr. Bradford entered a motion to reconsider the vote rejecting
the amendment.
Mr. Johnson moved to take up the motion to reconsider.
Mr. Horn demanded the ayes and noes on the motion to take
up the motion to reconsider, which were ordered and resulted—
Ayes.... 11
Noes 12
Senators voting in the affirmative are ;
Messrs. Allen, Horn, Hunter, Johnson, Mickley, McCleiian, Mc-
Neilly, Peters, Stovall, Thompson and Mr. Wood—11.
132
In the negative :
Messrs. Boyd, Bradford, Buinpass, Hildreth, Lane, Minnis, Nash,
Richardson, Stokes, Stokely, Trimble and Mr. Speaker Newman.
A message was received from the House of Representatives, hv
Mr. Campbell, their Clerk, as follows
Mjr. Speaker:
The House of Representatives has passed on third and last
reading the following House Bills, and they are herewith trans-
mitted for the action of the Senate thereon, viz :
House Bill No. 26, to amend section 3515 of the Code;
House Bill No. 32, directory to the County Court of Hickman
county;
House Bill No. 34, to amend the charter of the Gallatin and
Cole's Ferry Turnpike Company ;
House Bill No. 39, to repeal an act passed February 13th, I860,
granting a charter to the Fayetteville and Alabama Turnpike
Company, and to suspend the public road law for Greene county,
until liie 18th day of January, 1862.
Mr. Wood, from the Special Committee on the Relief of the
People, submitted the following report:
Mr. Speaker :
The Special Committee on Relief, to whom was referred House
Bill No. 1, to repeal an act passed February 21, 1869, entitled an
act to amend the usury laws and establish a conventional rate of
interest, have had the same under consideration, and being equal-
ly divided in opinion, have instructed me to report the bill back
to the Senate, and ask to be discharged from the further conside-
ration of the subject.
ED. .T. WOOD, Chairman.
Mr. Mickley, from the Committee on Enrolled Bills, reported as
correctly engrossed Senate Bills Nos. 13 and 20, and Senate Reso-
lution No. 29; also, as correctly enrolled, an act incorporating a
Military Department in the Andrew College, and the Memphis
Arms Company, and joint resolution directory to the Commis-
sioners recently elected by the General Assembly.
house bills on first reading.
House Bill, No. 26, to amend section 3515 of the Code of Ten-
nessee.
Passed first reading.
House Bill, No. 32, directory to the County Court of Hickman
.pormty.
Passed first reading.
133
House Bill, No. 34, to amend the charter of the Gallatin and
Cole's Ferry Turnpike Company.
Passed first reading.
House Bill, No. 39, to repeal an act passed Feb. 13, 1860,
granting a charter to the Fayetteville and Alabama Turnpike
Company, and to suspend the public road law for Greene county,
until the 8th day of January, 1862.
Passed first reading.
A message was received from the House of Representatives by
Mr. Campbell, their clerk, as follows:
Mr. Speaker :
The House of Representatives recedes from such of its amend-
ments as the Senate refuses to concur in, to Senate Bill. No. 4, to
give the banks further time to resume specie payments, and the
bill, with amendments, is herewith returned to the Senate for en-
rolment.
By order of the Hou«e of Representatives, I herewith transmit
to the Senate a preamble and resolutions of the Chamber of Com-
merce at Mamphis, in reference to the law for the relief of the
people.
Senate Rosolution, No. 27, directory to the commissioners
elected to a Southern Convention, was taken tap.
Mr. Hildreth moved to lay the resolution on the table ; on
which motion Mr. Thompson demanded the ayes and noes, which
were ordered, and resulted :
Ayes 13
Noes 11
Senators voting in the affirmative are:
Messrs. Allen, Boyd, Bradford Bumpass, Hildreth, Horn, Nash,
Richardson, Stanton, Stokes, Stokely, Trimble, and Mr. Speaker
Newman—13.
In the negative :
Messrs. Hunter, Johnson, Lane, Minnis, McClellan, McNeilly,
Peters, Stovall, Thompson, and Mr. Wood—11.
Mr. Wood moved to suspend the regular order of business, and
take up House Bill, No. 1, to repeal an act passed on the 21st
day of Feb., 1860, entitled an act to amend the usury laws of the
State, and to establish a conventional rate of interest; which
motion was agreed to, and the bill was taken up on its third
reading. , . '
Mr. Wood offered a bill in lieu, upon the adoption of which
Mr. Stokely demanded the ayes and noes, which were ordered,
and resulted:
Ayes
Noes
12
10
134
Senators voting in the affirmative are :
Messrs. Bumpass, Hunter, Johnson, Lane, Mickley, McNeilly,
Peters, Richardson, Stanton, Stovall, Thompson, and Mr. Wood
—12.
In the negative :
Messrs. Allen, Boyd, Bradford, Hildreth, McClellan, Nash,
Stokes, Stokely, Trimble, and Mr. Speaker Newman—10.
So the bill in lieu was adopted.
Mr. Richardson moved to strike out the 4th section of the bill
in lieu ; which motion was agreed to.
The bill as amended then passed its third reading :
Ayes 13
Noes 11
Senators voting in the affirmative are:
Messrs. Bumpass, Horn, Hunter, Johnson, Lane, Mickley, Mc-
Neilly, Peters, Richardson, Stanton, Stovall, Thompson, and Mr.
Wood—13.
In the negative:
Messrs. Allen, Boyd, Bradford, Hildreth, Minnie, McClellan,
Nash, Stokes, Stokely, Trimble, and Mr. Speaker Newman—11.
On motion of Mr. Stokely, the rule was suspended, and the bill
ordered to be returned to the House of Representatives for their
further action.
House Bill, No. 35, to defray the expenses of the General As-
sembly, together with the report of the Committee on Finance,
was taken up on third reading.
The amendment offered by the Committee on Ways and
means, to strike out "forty dollars," in the 4th section, and insert
fifty dollars, was agreed to.
Mr. Richardson offered the following amendment:
Sec. —. jBe it further enacted, That the commissioners elected
by this Legislature to go to Washington and confer with commis-
sioners from other States, in relation to an adjustment of our po-
litical troubles, be allowed their traveling expenses to and from
the place of meeting from their respective homes, and eight dol-
lars per day for every day they may be in attendance in said con-
ference; and that the Comptroller issue his warrant to each one
of them for such amounts as may be due them under the above
act.
Which amendment was adopted.
The bill as amended then passed its third reading.
Ayes 21
Noes 00
Senators voting in the affirmative are:
Messrs. Allen, Bumpass, Hildreth, Horn, Hunter, Johnson, Lane,
Mickley, Minnis, McClellan, McNeilly, Nash, Peters, Richardson,
135
Stanton, Stokes, Stovall, Thompson, Trimble, AVood, and Mr.
Speaker Newman—21.
In the negative :
None.
On motion of Mr. McClellan, the Senate took a recess till 3
o'clock, p. m.
AFTERNOON SESSION.
The Senate was called to order at 3 o'clock, p.m., by the
Speaker.
Mr. Richardson moved a call of the Senate, which was ordered,
and resulted in showing the following Senators absent:
Messrs. Bradford, Payne, Stanton, Stokes and Mr. Thomp-
son—5.
A quorum being present, further proceedings under the call
were suspended.
House message, transmitting resolutions of the Chamber of
Commerce of the city of Memphis, was taken up, and the resolu-
tions read, and,
On motion of Mr. Stovall, laid upon the table.
House Bill No. 37, for the repeal of the 6th section of chap-
ter 125, of an act passed 13th March, 1860; passed second read-
ing.
HOUSE BILLS ON THIRD READING.
House Bill No 17, to repeal an act of 1857, chapter 32, abol-
ishing military duty, was taken up on its third reading.
Mr. Bumpass offered the following amendment:
Sec. —. Be it further enacted, That the Governor be, and is
hereby, authorized to raise three artillery companies, one in each
grand division of the State, whenever, in his opinion, it may be
deemed necessary.
On the adoption of the amendment, Mr. Richardson demanded
the ayes and noes; which were ordered, and resulted:
Ayes
Noes
12
9
186
Senators voting in the affirmative are:
Messrs. Bumpass, Hunter, Johnson, Lane, Mickley, Minnis,
McClellan, McNeilly, Peters, Stovall, Wood and Mr. Speaker
Newman—12.
In the negative :
Messrs. Allen, Boyd, Hildreth, Horn, Nash, Richardson, Stokes,
Stokely and Mr, Trimble—9.
So the amendment was adopted.
The bill, as amended, then passed its third reading.
Ayes, 13
Noes...; 8
Senators voting in the affirmative are :
Messrs. Allen, Bumpass, Hunter, Johnson, Lane, Mickley, Min-
nis, McClellan, McNeilly, Peters, Stovall, Wood and Mr. Speaker
Newman—13.
In the negative:
Messrs. Boyd, Hildreth, Horn, Nash, Richardson, Stokes, Stoke-
ly and Mr. Trimble—8.
Mr. Bumpass moved to reconsider the vote passing the bill on
its third reading; upon which motion he demanded the ayes and
noes, which were ordered and resulted :
Ayes 9
Noes 12
Senators voting in the affirmative are:
Messrs. Allen, Boyd, Hildreth, Horn, Nash, Richardson, Stokes,
Stokely, and Mr, Trimble—9.
In the negative:
Messrs. Bumpass, Hunter, Johnson, Lane, Mickley, Minnis,
McClellan, McNeilly, Peters, Stovall, Wood and Mr. Speaker
Newman—12.
So the motion to reconsider failed.
The bilPwas ordered to be returned to the House of Represen-
tatives for further action.
Plouse Bill No. 20, to amend an act passed 22d March, 1860,
and for other purposes; passed third reading.
Ayes 18
Noes 3
Senators voting in the affirmative are :
Messrs. Allen, Bovd, Bumpass, Hildreth, Hunter, Johnson, Lane,
Mickley, Minnis, McClellan, AlcNeilly, Nash,Peters, Stokes, Stokely,
Stovall, Wood and Mr. Speaker Newman—18.
In the negative :
Messrs Horn, Richardson and Mr. Trimble—3.
On motion of Mr. Bumpass, the bill was ordered to be returned
to the House for enrolment.
13T
A message was received from the House of Representatives by
their clerk, Mr. Campbell, as follows:
Mr. Speaker:
The House of Representatives has passed on third reading
House Bill No. 28, to authorize the sheriffs of certain counties to
appoint deputies ; also, House Bill No. 44, to amend and construe
an act passed at the present session of the General Assembly, pre-
scribing the temedy for the collection of debts and the relief of
the people, both of which are herewith transmitted for the action
of the Senate thereon.
The House of Representatives has passed on third reading
Senate Bill No. 7, to incorporate the Memphis Light Dragoon
Company, and the same is herewith returned to the Senate for
enrolment.
The Speaker of the House of Representatives has signed en-
rolled act incorporating a military department in Andrew College,
and the Memphis Arms Company; also, enrolled resolution re-
questing the commissioners elected by this Legislature to repair
to Washington city, &c. ; both of which are herewith transmitted
for the signature of the Speaker of the Senate.
house bills on first reading.
House Bill No. 28, to authorize the sheriffs of certain counties
to appoint deputies ; passed first reading.
House Bill No. 44, to amend and construe an act entitled an
act prescribing a remedy for the collection of debts and relief of
the people ; passed first reading.
A message was received from the House of Representatives by
Mr. Campbell, their clerk, as follows :
Mr. Speaker :
The House of Representatives has considered Senate amend-
ment to House Bill No. 1, to repeal an act passed on the 21st day
of February, I860, entitled an act to amend the usury laws of the
State and to establish a conventional rate of interest, and non-
concurs in said amendment, and the bill and amendment are here-
with returned to the Senate.
The House of Representatives have considered Senate Bill No.
6, to amend the conventional interest act, and has rejected the
same ; which is herewith returned to the Senate.
Mr. Stokely moved that House message returning Senate
amendment to House Bill No. 1, to repeal an act passed on the
21st day of February, 1860, entitled an act to amend the usury
laws of the State and to establish a conventional rate of interest,
be taken up ; which motion was agreed to.
Mr. Stovall moved that the Senate insist on its amendment to
said bill.
138
^ Mr. Stokely demanded the ayes and noes on the motion to in-
sist; which were ordered and resulted—
Ayes
Noes
Senators voting in the affirmative are:
Messrs. Bumpass, Horn, Johnson, Lane, Mickley, McNeilly, Pe-
ters, Stovall. Thompson and Mr. Wood—10.
In the negative:
Messrs. Allen, Boyd, Hildreth, Minnis, MoMcClellan, Nash,
Richardson, Stokes, Stokely, Trimble and Mr. Speaker Newman.
—11.
So the Senate refused to insist on its amendment.
The question recurring upon the passage of the original bill on
its third reading, resulted—
Ayes 12
Noes, 10
Senators voting in the affirmative are :
Messrs. Boyd, Hildreth, Horn, Lane, Mickley, Minnis, McClel-
lan, Stokes, Stokely, Thompson, and Mr. Speaker Newman—12.
In the negative:
Messrs. Allen, Bumpass, Hunter, Johnson, McNeilly, Peters,
Richardson, Stovall, Trimble, and Mr. VYood—10.
So the original bill passed its third reading, and,
On motion of Mr. Stokely, the rule was suspended, and the bill
ordered to be returned to the House of Representatives for enrol-
ment.
Mr. Newman, (Mr. Stovall in the Chair,) moved to take up the
motion entered this morning by Mr. Bradford, to reconsider the
vote rejecting his amendment to House Bill No. 29, reducing the
rate of interest from 111* per cent, to six, in cases of appeal;
which motion was agreed to.
The motion to reconsider prevailed.
The question recurring upon the adoption of the amendment
offered by Mr. Newman, Mr. Johnson demanded the ayes and
noes, which were ordered and resulted—
Ayes
Noes
Senators voting in the affirmative are :
Messrs. Boyd, Bumpass, Hildreth, Hunter, Lane, Minnis, Nash,
Richardson, Stokes, Stokely, Trimble and Mr. Speaker New-
man—12.
In the negative :
Messrs. Allen, Horn, Johnson, Mickley, McClellan, McNeilly,
Peters, Stovall, and Mr. Wood—9.
So the amendment was adopted.
10
11
12
9
139
The question recurring on the passage of the bill on its second
reading, Mr. Wood demanded the ayes and noes, which were or-
dered and resulted—
Ayes 13
Noes 7
Senators voting in the affirmative are :
Messrs. Boyd, Bumpass, Hildreth, Hunter, Lane, Minnis, Nash,
Peters, Richardson, Stokes, Stokely, Trimble and Mr. Speaker
Newman—13.
In the negative:
Messrs. Allen, Horn, Johnson, Mickley, McNeilly, Stovall, and
Mr. Wood—7.
So the bill passed its second reading.
A message was received from the House of Representatives by
their clerk, Mr. Campbell, as follows:
Mr. Speaker :
The House of Representatives has considered Senate Resolution
No. 29, providing for the printing of the Acts and Journals of this
General Assembly; also, Senate Resolution No. 28, for the relief
of the securities ot C. Green, deeeased^pnd concurred in the same.
Both of which are herewith returned to the Senate for enrolment.
On motion of Mr. Stokely, the Senate adjourned until to-mor-
row morning at 10 o'clock.
FRIDAY, FEBRUARY 1, 1861.
The Senate met pursuant to adjournment.
The Journal of yesterday was read and approved.
Mr. Bradford asked and obtained leave to record his vote in
favor of the passage of House Bill No. 1, to repeal an act passed
February 21st, 1860, entitled an act to amend the usury laws of
the State, and establish a conventional rate of interest.
Mr. Mickley, from the Committee on Enrolled Bills, reported
as correctly enrolled an act to incorporate the Memphis Light
Dragoon Company, and an act to give the Banks further time to
resume specie payments, and enable them to accommodate the
people I also, joint resolution providing for the number of Acts
140
and Journals of this session of the General Assembly to be print-
ed, and joint resolution for the relief of the securities bf C. Green,
deceased.
A message was received from the House of Representatives by
Mr. Campbell, their clerk, as follows:
Mr. Speaker :
The Speaker of the House of Representatives has signed en-
rolled act to repeal an act passed on the 21st day of February,
1860, entitled an act to amend the usury laws of the State, and to
establish a conventional rate of interest; also,, enrolled act to
amend an act passed 22d of March, 1860, and for other purposes,
both of which I herewith transmit for the signature of the Speaker
of the Senate.
The House of Representatives has considered Senate Bill No.
9, to enable the State of Tennessee to repel invasion and suppress
insurrection, and indefinitely postponed the same.
Mr. Newman (Mr. StovalJ in the chair) presented a memorial
from citizens of Morgan county, in relation to the removal of
the Court House of said county from Montgomery to Wurtberg;
which being read, was ordered to be transmitted to the House of
Representatives.
Mr. Minnis presented petition from citizens of Hamilton
county, praying the repeal of the act passed at the present ses-
sion of the General Assembly, prescribing the remedy for the col-
lection of debts and the relief of the people; which being read,
On motion of Mr. Minnis, was ordered to be transmitted to the
House of Representatives.
The ISpeaker presented a communication from the Hon. George
"W. Jones, delegate elect to the Southern Convention, which was
read as follows:
Fayetteville, Tenn.j Jan. 30, 1061.
Hon. Taz. W. Newman, Speaker of the Senate:
Dear Sir—From a report of the proceedings of a convention
of the two houses of the General Assembly of the State of Ten-
nessee, over which you presided, I learned that I was elected, in
pursuance of joint resolutions passea by the Legislature, a dele-
gate from this (the sixth) Congressional District to attend a'convert-
tion of delegates from all the slaveholding States, to assemble at
Nashville, Tenn., or such other place as a majority of the States
cooperating may designate, on the 4th day of February, to digest
and define a basis upon which, if possible, the Federal Union and
the constitutional rights of the slaveholding States may be pre-
served and perpetuated. While I have never believed in the
constitutional right of a State to secede from the Union, I have
ever held that the people had the right to resist oppression and
tyranny, come from what source it may. And further, that when-
141
ever the fact should be demonstrated that there exists in the
Northern or free State of this Union, a fixed, certain, and relia-
ble majority hostile to the institution of slavery as it exists in the
Southern States, with the power and will to govern us, as the
weaker section, it would be our duty to sever the bonds which
united us under the same Constitution. And while I reprobate
and condemn without stint or qualification the hostile sentiments
and acts of many of the States and people of the North, in rela-
tion to the institutions and rights of the South, I do cherish the
kindest feelings and warmest sympathies for those hundreds of
true, noble, and reliable patriots in the North,-who have ever ac-
knowledged our rights, and gave.unmistakable evidence of their
willingness to protect them, and will never part with them with-
out regret and sorrow.
But I realize the fact that such is the state of feeling existing
at Washington and throughout the country, that something must
be done to quiet the agitation in the public mind, and restore, if
possible, fraternal feelings, similar to those which characterized
our fathers, from whom we inherited liberty and the government*.
This, I take it, is not to be done so much by the creation of any
new constitutional rights, as by amendments to that instrument,
clearly and explicitly defining and protecting all our rights, as
provided in the Constitution.
As a basis of such settlement, I think the resolutions of the
Legislature good, wise, and proper, and if adopted as amend-
ments to the Constitution, should be satisfactory to the people of
Tennessee, and all other Southern States not unalterably deter-
mined upon the establishment of another and separate government.
Of similar character I recognize the Crittenden proposition for the
amendment of the Constitution, and also what is known as the
border States resolutions, as embracing, substantially, if not lite-
rally, the same principles. By such amendments, our rights
would be secure in the Union, harmony restored, and this people,
under the best government ever organized, go forward on its great
mission of peace, prosperity, and happiness, teaching nations, by
example, the blessings of free government.
I am a Southern man by birth, education, sympathy, feeling,
and interest. A slaveholder by inheritance, I have never ques-
tioned the political, moral, and religious right to hold that species
of property, nor our right to all the benefits resulting from it, with
all constitutional rights fully and amply projected; fully satisfied
in my own mind, that the two races—the white and the black—
cannot exist in the same country, advantageously to either, in any
other relation than that of master and slave. And should the
time ever come when our equal rights in the Union, under the
Constitution, shall not be recognized, respected and protected by
the powers that be, we must constitute powers that will do all
these things; but the remedy should be, in my opinion, resorted
142
to only after a failure of all fair and honorable means to compose
our difficulties and secure our rights in the Union.
The better part of my life has been spent in the responsible
positio.-i of a representative of a portion of the people, but in the
whole course of my public service, 1 have never believed that I
bore that relation to an unwilling constituency. Upon examina-
tion of the vote in the convention of the Legislature, for a dele-
gate to the proposed Convention of siaveholding States, from this,
the sixth District, I discovered that of all the Senators and Rep-
resentatives representing, in whole or in part, the counties com-
posing the District, in all eleven, I received but two, and one of the
gentlemen casting one of these.did so, protesting against the right
of the Legislature to make such election. Under these circum-
stances and facts, that I am not the choice of those whose repre-
sentative I would nominally be, I am constrained most respect-
fully to decline to accept the position of delegate under that
election ; which you will please communicate to the General As-
sembly and oblige, Your obedient servant,
G. VV. JONES.
Mr. Peters offered the following resolution, (Senate Resolution,
No. 30,):
Resolved by the General Assembly of the Slate of Tennessee, That
the two branches of the Legislature meet in convention at 12
o'clock, M., for the purpose of electing a delegate in place of
Hon. George W. Jones, of the 6th District, resigned.
Mr. Peters moved to suspend the rule and take up the resolu-
tion ; which motion was disagreed to, and the resolution lies over
under the rule.
Mr. Newman (Mr. Stovall in the chair) offered the following
resolution, (Senate Resolution, No. 31,):
Resolved by the General Assembly of the State of Tennessee, That
the Hon. George W. Jones, of the county of Lincoln, who has by
letter declined the position of delegate to the Convention at
Washington city, to assemble on the 4th day of February, 1861,
that he be most respectfully and earnestly requested to accept the
position, and immediately repair to Washington to participate in
the action of the same; and that the Governor telegraph him of
this action of the Legislature.
On motion of Mr. Newman, the rule was suspended and the
resolution taken up.
On. the adoption of the resolution, Mr. Lane demanded the
ayes and noes, which were ordered, and resulted:
Ayes . 15
Noes 6
Senators voting in the affirmative are :
Messrs. Allen, Boyd, Bradford, Bumpass, Hildreth, Horn, Iiuti-
143
ter, Minnis, Nash, Richardson, Stanton, Stokes, Stovall, Trimble,
and Mr. Speaker Newman—15.
In the negative:
Messrs. Johnson, Lane, McClellan, McNeilly, Peters, and Mr.
Stokelj—6.
So the resolution was adopted.
Mr. Newman moved to reconsider the vote adopting the reso-
'lution ; which motion was agreed to.
Mr. Newman then asked and obtained leave to withdraw the
resolution.
Mr. Newman (Mr. Stovall in the chair) moved that the resign a-
tion of Hon. George W. Jones, of the 6ih Congressional District,
as a commissioner to the Convention of slaveholding States, be
received; which motion was agreed| to.
On motion of Mr. Newman, the Resignation was ordered to be
transmitted to the House of Representatives.
house bills on second reading.
House Bill, No. 26, to amend section 3515 of the Code of Ten-
nessee, was taken up on second reading.
Mr. Stokely demanded the ayes and noes on the passage of
the bill, which were ordered, and resulted :
Ayes
Noes
Senators voting in the affirmative are:
Messrs. Allen, Hunter, Johnson, Mickley, McNeilly, Peters, and
Mr. Speaker Newman—7.
In the negative:
Messrs. Boyd, Bradford, Bumpass, Hildreth, Horn, Lane, Min-
nis, Nash, Richardson, Stokely, Stovall, and Mr. Trimble—12.
So the bill was rejected on its second reading.
House Bill, No. 28, to authorize the sheriffs of certain counties
to appoint deputies ; passed second reading.
House Bill, No. 32, directory to the County Court of Hickman
county; passed second reading.
House Bill, No. 34, to amend the charter of the Gallatin and
Cole's Ferry Turnpike Company ; passed second reading, and,
On motion ot Mr. Trimble was referred to the Committee on
the Judiciary.
House Bill, No. 39, to repeal an act passed Feb. 13th, 1860,
granting a charter to the FayettevLle and Alabama Turnpike
Company, and to suspend the public road law for Greene county,
until the 1st day of January, 1862, was taken up on second
reading.
Mr. Minnis offered the following amendment:
Sec. —. Be it enacted, That the first section of an act passed
22d March, I860, entitled an act to charter the Grant White Lead
7
12
144
and Oil Works, be amended so as to change the name of the
Company from Grant White Lead and Oil Works to that of the
Planters' White Lead and Oil Works; that this act take effect
from and after its passage.
Which amendment was adopted.
The bill as amended then passed second reading, and,
On motion of Mr. Allen, was referred to the Committee on the
Judiciary.
House Bill, No. 44, to amend and construe an act entitled an
act prescribing the remedy for the collection of debts and relief
of the people, was taken up on second reading.
Mr. Minnis offered the following amendment:
Be it enacted, That an act passed January 26th, 1861, an act
prescribing the remedy for the collection of debts and relief of the
people, be so amended that before any debtor shall avail him-
self of the benefits of this act, he, she, or they shall pay the fees
of the justices of the peace and collecting officers.
Which amendment was rejected.
The bill then passed its second reading.
HOUSE BILLS ON THIRD READING.
House Bill, No. 29, reducing the rate of interest from 12£ per
cent, to six in cases of appeal, was taken up on third reading.
Mr. McNeilly offered the following amendment:
Be it further enacted, That the remedy by motion against offi-
cers for the non return or insufficient return of executions be so
modified that judgment shall only be rendered for the principal
and interest at the rate of six per cent, per annum and costs of
suit, and that the officer shall have the right to stay such judg-
ment in the same manner that other judgments are stayed; and
that the remedy shall not lie in any case where the money could
not have been made out of the debtor, or where the officer has in
good faith sought to collect the money specified in the execution;
but this section shall not apply to cases where the officer has col-
lected the money, and shall cease to be operative on the 1st day
of July, 1862, and shall apply only to cases where the debtor
avai's himself of the benefits of the act passed January 26, 1861,
for the relief of debtors.
Mr. Boyd moved to lay the amendment on the table.
On which motion Mr. Johnson demanded the ayes and noes,
which were taken and resulted—
Ayes 12
Noes 9
Senators voting in the affirmative are :
Messfs. Boyd, Bradford, Bumpass, Hildreth, Minnis, Nash, Rich-
ardson, Stanton, Stokes, Stokely, Stovall and Mr. Trimble—12.
145
In the negative:
Messrs. Allen, Hunter, Johnson, Lane, Mickley, McClellan, Mc-
Neilly, Peters and Mr. Speaker Newman—9.
So the amendment was laid on the table.
The bill then passed its third reading.
Ayes 12
Noes 9
Senators voting in the affirmative are :
Messrs. Boyd, Bradford, Bumpass, Hildreth, Lane, Minnis, Nash,
Richardson, Stokes, Stokely, Trimble and Mr. Speaker Newman.
—12.
In the negative:
Messrs. Allen, Horn, Hunter, Johnson, Mickley, McClellan, Mc-
Neilly, Peters and Mr. Stovall—9.
On motion of Mr. Allen, the rule was suspended, and the bill
ordered to be returned to the House of Representatives for further
action.
House Bill No. 37, for the repeal of the 6th section of chapter
125, of an act passed 13th of March, 1860.
Passed third reading.
Ayes 16
Noes 4
Senators voting in ihe affirmative are :
Messrs. Allen, Boyd, Bradford, Bumpass, Horn, Hunter, Johnson,
Lane, Mickley, Minnis, McClellan, Peters, Stanton, Stovall, Trim-
ble and Mr. Speaker Newman—16.
In the negative:
Messrs. Hildreth, Nash, Richardson and Mr. Stokely—4.
On motion of Mr. Stovall, the rule was suspended, and the bill
ordered to be returned to the House of Representatives for enrol-
ment.
A message was received from the House of Representatives by
Mr. Campbell, their clerk, as follows:
Mr. Speaker :
The House of Representatives has considered Senate amend-
ment to House Bill No. 27, reducing the rate of interest from 12J
per cent, to six, in cases of appeal, and non-concurs in the amend-
ment, and it is herewith returned to the Senate for further action
thereon.
By order of the House of Representatives, I herewith transmit
to the Senate two memorials from Wilson county, protesting against
the repeal of the stay law.
The House message non-concurring in Senate amendment to
House Bill No. 29, reducing the rate of interest from 12£ percent,
to six, in cases of appeal, was taken up.
10 s
146
Mr. Lane moved that the Senate recede from its amendment to
said bill.
On which motion, Mr. Boyd demanded the ayes and noes, which
were ordered and resulted—
Senators voting in the affirmative are:
Messrs. Allen, Bumpass, Hildreth, Born, Hunter, Johnson,
Lane, Mickley, McClellan, McNeilly, Peters, Stanton, Stokely and
Mr. Stovall—14.
In the negative:
Messrs. Boyd, Bradford, Minnis, Nash, Richardson, Stokes,
Trimble and Mr. Speaker Newman—8.
So the Senate receded from its amendment to said bill.
The petitions from Wilson county, protesting against the repeal
of the stay law, were read and laid on the table.
Mr. Bumpass offered the following resolution, (Senate Resolu-
tion No. 32,):
Resolved by the General Assembly of the State of Tennessee, That
the resolution passed at the present session, saying to New \ ork
that if she attempted to assist the General Government in coer-
cing a seceding State, the people of Tennessee would also inier-
fere ; and for fear our threat might be misconstrued into a warlike
menace, we hereby declare we only meant to defend the seceding
States from the aggressions of Northern fanaticism by an old
fashioned Tennessee game of fisticuffs ; that pistols, bowie-knives,
muskets or Sharp's.rifles never entered into our minds, and we are
much mortified to find our Northern brethren, from our resolu-
tions, have come to such conclusion.
Mr. Allen moved to lay the resolution on the table.
Upon wdiich motion, Mr. Bumpass demanded the ayes and noes,
which were ordered and resulted—
Ayes 14
Noes 8
Senators voting in the affirmative are:
Messrs. Allen, Boyd, Bradford, Horn, Hunter, Johnson, Nash,
Richardson, Stanton, Stokes, Stovall, Trimble and Mr. Speaker
Newman—14.
In the negative:
Messrs. Bumpass, Hildreth, Lane, Minnis, McClellan, McNeilly,
Peters and Mr. Stokely—8.
So the resolution was laid on the table.
Mr. Newman, (Mr. Mickley in the Chair,) offered the following
resolutions, (Senate Resolution No. 33,):
Whereas, differences of opinion have arisen between the North-
ern and Southern States of this Union, that threaten a permanent
Ayes
Noes,
14
8
147
disruption of the same, and several of the Southern States have
already adopted ordinances of secession, withdrawing from the
Union, and propose to hold a Convention at Montgomery, Ala-
bama, on the 4th of February, 1861, for the purpose of forming a
Constitution for a Southern Confederacy; it being the most sin-
cere desire of Tennessee to preserve the Union on terms honora-
ble, just and equitable to all sections; and to effect this purpose,
if possible, have appointed delegates to confer with delegates of
all other Southern States at Washington City, which delegates it
is understood will meet in Convention at Washington City on the
4th of February, 1861, for the purpose of agreeing on such terms
of settlement as will be deemed fair, honorable and just, and re-
commend such terms to all the States. Whereas, in our opinion,
if these terms are not accepted, it will be alike the interest, the
duty and desire of all the Southern States to act in harmony in
forming a new Confederacy, adopting the old Constitution, with
such additional guarantees for their rights as the exigencies re-
quire, to perpetuate free institutions; be it therefore
Resolved by the General Assembly of Tennessee, That the Gov-*
ernor appoint three Commissioners to attend said Convention at
Montgomery, Alabama, that they make known to said Convention
the views and wishes of Tennessee, and respectfully and earnestly
request that they take no steps to bring about a collision with the
General Government, nor to make a permanent Constitution for
a new Confederacy, until Tennessee and her sister Southern
States, who have not seceded, have held their Convention with
such slave States as see proper to send delegates to said Convene
tion, and the result of their action is known.
Resolved, That in the opinion of this Legislature, if the South-
ern and Northern States must separate, it should be in peace, after
reconciliation has failed.
Resolved, That said Commissioners shall be paid the same
amount and in the same way the delegates to Washington City
are paid.
Resolved, That the Commissioners appointed under these reso-
lutions shall report fully to the Convention to assemble on the
25th of February, everything connected with their mission to
Montgomery.
Mr, Peters moved to suspend the rule, and take up the resolu-«
tions; which motion failed, and the resolutions lie 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 considered Senate amend-
ments to House Bill No. 19, to repeal the act of 1857, chapter
32, abolishing military duty, and concurs in the amendment au«
148
thorizing the Governor to raise three artillery companies, but non-
concurs in the one making it the duty of each captain to appoint
four separate patrol companies, &c.
Has also considered and concurs in Senate amendments to
House Bi!l No. 35, to defray the expenses of the General Assem-
bly, together with report of Committee on Finance.
The House of Representatives has amended and passed on third
reading Senate Bill, No. 11, to incorporate the Southern Savings
Institute of Memphis, with amendments, and the same is herewith
returned for the further action of the Senate.
The House of Representatives has passed on third and last
reading Senate Bill No. 10, for the relief of Railroad Companies
and receivers ; also, Senate Bill No. 17, for the relief of tax pay-
ers, and amended it. The bill and amendment is herewith re-
turned to the Senate for concurrence.
On motion of Mr. Lane, House message returning Senate Bill
No 17, for the relief ol tax-payers, was taken up, and on his mo-
tion, the House amendments to said bill were concurred in, and
the bill ordered to be enrolled.
On motion of Mr. McCiellan, the Senate took up House mes-
sage non-concurring in Senate amendment No. 1 to House Bill
No 17, to repeal the act of 1857, chapter 32, abolishing military
duty.
On motion of Mr. McCiellan, the Senate receded from its said
amendment (No 1) to said House Bill, and the same was ordered
to be returned to the House for enrolment.
On motion of Mr. Bumpass, House message returning Senate
Bill No. 11, to incorporate the Southern Savings Institution of
Memphis, with amendments, "was taken up, and the Senate con.
curred in the amendments Nos. 1 and 3, but non-concurred in
amendment No. 2, incorporating the Southern Zinc Company.
On motion of Mr. Bradford, the vote non-concurring in House
amendment No. 2 to said bill was reconsidered, and the amend-
ment was concurred in by the Senate, and the bill ordered to be
enrolled.
On motion of Mr. Trimble, the Senate adjourned until to-mor
row morning 10 o'clock.
149
SATURDAY, FEBRUARY 2, 1861.
The Senate met pursuant to adjournment.
The Speaker presented a memorial from Mrs. Frances, B. Fogg,
vice regent of the Mount Vernon Association; which was read,
and, 1
On motion of Mr. Stovall, ordered to be transmitted to the
House of Representatives.
Mr. Minnis, from the Judiciary Committee, reported back House
Biil No 34, to amend the charter of ihe Gallatin and Cole's
Ferry Turnpike Company, and House Bill No. 39, to repeal an
act passed February 3d, 1860, granting a charter to the Fayette-
viile and Alabama Turnpike Company, and to suspend the public
road law for Greene county until the 1st day of January, 1862,
and recommended their passage.
Mr. Mickley, from the Committee on Enrolled Bills, reported as
correctly enrolled an act for the relief of railroad companies and
receivers; an act to incorporate the Southern Savings' Institute,
the Greeneville Savings' Institute, and the Southern Zinc Com-
pany, and an act for the relief of tax-payers.
A message was received from the House of Representatives by
their clerk, Mr. Campbell, as follows :
Mr Speaker :
The House of Representatives has considered Senate Bill No.
13, to amend an act passed 23d of March, 1860, entitled an act to
encourage the use of private capital, and rejected it, and it is
herewith returned to the Senate.
The House of Representatives has also considered and passed
on third and last reading, with amendments thereto, Senate Bill
No. 12, for the relief of justices of the peace, and the same is
herewith returned to the Senate for concurrence.
The House of Representatives has adopted House Resolution
No. —, providing credentials for delegates elected to the South-
ern Convention, which is herewith transmitted to the Senate for
further action thereon.
Mr. Bumpass moved that a joint select committee be appointed
to wait upon his Excellency the Governor, and ascertain if he had
any further communication to make to the General Assembly;
which motion was agreed to.
The Speaker appointed Messrs. Bumpass, Peters, and Bradford
to compose said committee on the part of the Senate.
On' motion of Mr. Minnis, the regular order of business was
suspended, and House Bill No. 39, to repeal an act passed Febru-
ary 13th, 1860, granting a charter to the Fayetteville and Ala-
150
bama Turnpike Company, and to suspend the public road law of
Greene county until the 1st day of January, 1862, was taken up
on its third reading.
Mr. Peters offered an amendment restricting the boundaries of
the corporation of Chickasaw City, in Shelby county, to the terri-
tory comprised within the old town of Fort Pickering, as laid
down on the map published by E. W. Rucker, in the year 1858 ;
which amendment was adopted.
The bill, as amended, passed its third reading, and,
On motion of Mr. Minnis, the rule was suspended, and ihe
bill was ordered to be returned t<5 the House of Representatives
for further action.
A message was received from the House of Representatives by
their clerk, Mr. Campbell, as follows:
Mr. Speaker :
The Speaker of the House of Representatives has signed the
following enrolled acts and joint resolutions, and they are h ue-
with transmitted to the Senate for the signature of the Speaker of
the Senate, viz:
An act for the repeal of the sixth section of chapter 125, of an
act passed 13th of March, 1860;
An act to give the banks further time to resume specie pay-
ment, and to enable them to accommodate the people;
An act to incorporate the Memphis Light Dragoon Company ;
An act to defray the expenses of the General Assembly of the
State of Tennessee, with the report of the Committee on Fi-
nance;
An act reducing the rate of interest from 12£ per cent, to six,
in cases of appeal;
Joint resolution giving the securities of C. Green, deceased,
until the 15th October, 1861, to make their final settlement with
the Comptroller;
Joint resolution directing the same number of Acts and Jour-
nals of the proceedings of the General Assembly to be printed
and distributed as provided by resolution of last session.
Mr. Bradford asked and obtained leave of absence for Messrs.
Stokely and McClellan during the remainder of the session.
Mr. Johnson asked and obtained leave of absence for the door-
keeper during the remainder of the session.
Senate Resolution No. 33, authorizing the Governor to appoint
three commissioners to the Southern Convention to be held at
Montgomery, Alabama, on the 4th of February, instant, was
taken up.
On the adoption of the resolution, Mr. Bumpass demanded the
ayes and noes, which were ordered and resulted :
Ayes 9
Noes 11
151
Senators voting in the affirmative are:
Messrs. Hunter, Johnson, Lane, Mickley, Minnis, McNeilly,
Peters, Stovall and Mr. Speaker Newman—9.
In the negative :
Messrs. Allen, Boyd, Bradford, Bumpass, Hildreth, Horn, Nash,
Richardson, Stanton, Stokes and Mr. Trimble—11.
So the resolutions were 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. 62, tendering the use of the State Capitol to the American
Association for the Advancement of Science, which is herewith
transmitted to the Senate for concurrence.
By order of the House of Representatives, I herewith transmit
to the Senate a memorial from many citizens of' Rutherford
county, asking this General Assembly to repeal or modify the act
passed at this session, known as the relief law.
Senate Resolution No. 30, providing for a Convention of both
Houses, to elect a delegate to the Convention of slaveholding
States, in place of Hon. Geo. W. Jones, resigned, was taken up.
On the adoption of the resolution Mr. Richardson demanded
the ayes and noes; which were ordered, and resulted:
Ayes
Noes
Senators voting in the affirmative are:
Messrs. Hildreth, Hunter, Johnson, Lane, Mickley, Minnis,
McNeilly, Peters, Stovall and Mr. Speaker Newman—10.
In the negative :
Messrs. Allen, Boycl, Bradford, Horn, Nash, Richardson, Stan-
ton, Stokes and Mr. Trimble—9.
So the resolution was adopted.
Mr. Minnis moved to suspend the rule, so as to have the resolu-
tion transmitted to the House of Representatives for their action;
upon which motion,
Mr. Stokes demanded the ayes and noes; which were ordered,
and resulted:
Ayes
Noes
Senators voting in the affirmative are:
Messrs. Hildreth, Hunter, Johnson, Lane, Mickley, Minnis, Mc-
Neilly, Peters, Stovall and Mr. Speaker Newman—10.
In the negative :
Messrs. Allen, Boyd, Bradford, Bumpass, Horn, Nash, Richard-
son, Stanton, Stokes and Mr. Trimble—10.
• 10
• 9
10
10
152
So the motion failed, and the Senate refused to suspend the
rule.
A message was received from the House of Representatives by
Mr. Campbell, their clerk, as follows :
Mr. Speaker:
The Speaker of the House of Representatives has signed the
following enrolled acts, and they are herewith transmitted for the
signature of the Speaker of the Senate, viz:
An act for the relief of railroad companies, receivers, and
others ;
An act to incorporate the Southern Savings' Institute at Mem-
phis, the Greeneville Savings' Institute, and the Southern Zinc
Company;
An act for the relief of tax-payers.
Mr. Bumpass, from the Joint Select Committee appointed to
wait upon his Excellency the Governor, and ascertain whether he
had anything further to communicate to the General Assembly,
reported that the committee had performed the duty allotted to
them, and that the Governor answered that he had no further
communication to make.
A message was received from the House of Representatives by
Mr. Campbell, their clerk, as follows :
Mr. Speaker :
The Speaker of the House of Representatives has appointed,
as a commitiee on the part of the House, Messrs. Farrelly, Cheat-
ham, and Brazelton, to meet the committee of three on the part
of the Senate, for the purpose of waiting on the Governor, and
inquiring whether he has any further communication to make to
this General Assembly.
The House of Representatives has considered . and rejected
Senate Bill No. 20, to authorize the Bank of Tennessee to dis-
tribute one million of dollars of notes, and loan money on twelve
months' credit^, and the bill is herewith returned to the Senate.
On motion of Mr. Ilildreth, the regular order of business was
suspended, and House message returning Senate Bill No. 12, for
the relief of justices of the peace, with an amendment, was
taken up.
On motion of Mr. Ilildreth, the House amendment to said bill
was concurred in, and the bili ordered to be enrolled.
On motion of Mr. McNeilly, House Bill No. 32, direclory to the
County Court of Hickman county, was taken up on its third( read-
ing and passed.
Ayes .... 16
Noes 1
Senators voting in the affirmative are:
Messrs. Allen, Boyd, Bradford, Bumpass, Hildreth, Horn, Hun-
153
ter, Johnson, Lane, Mickley, Minnis, McNeiliy, Nash, Stanton'
Stovall, and Mr. Speaker Newman—16.
In the negative:
Mr. Richardson—1.
On motion of Mr. McNeiliy, the rule was suspended, and the
bill ordered to be returned to the House of Representatives for
enrolment.
Mr. Trimble moved to take up House Resolution No. 62, ten-
dering the use of the Capitol to the American Association lor the
Advancement of Science ; which motion was agreed to.
On the adoption of the resolution, Mr. Bumpass demanded the
ayes and noes ; which were ordered, and resulted :
Ayes 13
Noes „ 6
Senators voting in the affirmative are:
Messrs. Allen, Boyd, Horn, Hunter, Johnson, Mickley, McNeiliy,
Nash. Richardson, Stanton, Stokes, Stovall and Mr. Trimble—13.
In the negative:
Messrs. Bradford, Bumpass, Hildreth, Lane, Minnis and Mr.
Speaker Newman—6.
So the resolution was adopted.
On motion of Air. Trimble, the rule was suspended, and the
resolution ordered to be returned to the House of Representatives
for enrolment.
Mr, Hildreth moved to reconsider the vote rejecting Senate
Resolution No.' 33, to authorize the Governor to appfoint three
commissioners to attend the Southern Convention, to be held in
Montgomery, Alabama, on the 4th day of February, instant.
On which motion, Mr. Richardson demanded the ayes and noes,
which were taken, and resulted:
Ayes 10
Noes 10
Senators voting in the affirmative are:
Messrs. Hildreth, Hunter, Johnson, Lane. Mickley, Minnis, Mc-
Neilly, Peters, Stovall and Mr. Speaker Newman—10.
In the negative:
Messrs. Allen, Boyd, Bradford, Bumpass, Horn, Nash, Richard-
son. Stanton, Stokes and Mr. Trimble—10.
So the motion to reconsider failed.
House Bill No. 28, to authorize the sheriffs of certain counties
to appoint deputies ; passed third reading.
HOUSE BILLS ON THIRD READING.
Ayes
Noes
17
1
154
Senators voting in the affirmative are :
Messrs. Allen, Boyd, Bradford, Burnpass, Horn, Hunter, John-
son, Lane, Mickley, Minnis, MciXeilly, Nash, Richardson, Stanton,
Stovall, Trimble and Mr. Speaker Newman—17.
In the negative:
Mr. Hildreth—1.
On motion of Mr. Allen, the rule was suspended, and the bill
ordered to be returned to the House of Representatives for en-
rolment.
House Bill No. 34, to amend the charter of the Gallatin and
Cole's Ferry Turnpike Company; passed third reading.
Ayes 18
Noes 2
Senators voting in the affirmative are :
Messrs. Allen, Boyd, Bradford, Burnpass, Hunter, Johnson, Lane,
Mickley, Minnis, McNeilly, Nash, Peters, Richardson, Stanton,
Stokes, Stovall, Trimble and Mr. Speaker Newman—18.
In the negative :
Messrs. Hildreth and Horn—2.
On motion of Mr. Stanton, the rule was suspended, and the bill
ordered to be returned to the House of Representatives for enrol-
ment.
House Bill No. 44, to amend an act entitled an act prescribing
a remedy for the collection of debts and relief of the people;
passed third reading.
Ayes 17
Noes 2
Senators who voted in the affirmative are:
Messrs. Allen, Boyd, Bradford, Burnpass, Horn, Johnson, Lane,
Mickley, Minnis, McNeilly, Nash, Peters, Richardson, Stanton,
Stokes, Trimble and Mr. Speaker Newman—17.
In the negative:
Messrs. Hildreth and Stovall—2.
On motion of Mr. McNeilly, the rule was suspended, and the
bill ordered to be returned to the Plouse of Representatives for
enrolment.
House Resolution No. —, providing for credentials for the del-
egates elected to the Convention of slaveholding States, was ta-
ken up.
On the adoption of the resolution, Mr. Newman demanded the
ayes and noes, which were ordered and resulted—
Ayes 16
Noes 2
Senators voting in the affirmative are :
Messrs. Allen, Boyd, Bradford, Burnpass, Hildreth, Horn, John-
155
son, Mickley, Minnis, McNeilly, Nash, Peters, Richardson, Stan-
ton, Stovall and Mr, Trimble—16.
In the negative:
Messrs. Lane and Mr. Speaker Newman—2.
So the resolution was adopted, and,
On motion of Mr. Bumpass, ordered to be returned to the House
of Representatives for enrolment.
A memorial from citizens of Rutherford county, praying the
modification or repeal of the relief law, was taken up and read,
and,
On motion of Mr. Stovall, laid on the table.
Mr. Bradford offered the following resolution, (Senate Resolu-
tion No. 34,):
Resolved by the Senate and House of Representatives, That T.
W. Newman be, and he is hereby appointed as Commissioner, in
lieu of the Hon. G. W. Jones, to represent the Sixth Congression-
al District, in the Southern Convention to be held at Washington
City, on the 4th instant.
On motion of Mr. Bradford, the rule was suspended, and the
resolution taken up.
Mr. Minnis offered the following amendment:
Resolved, That the Hon. A. Wright, Geo. W. Rowles and G. A.
Henry, be appointed Commissioners to the Convention on the 4th
of February, 1861, at Montgomery, to make known to said Con-
vention the position of Tennessee, and solicit said Convention to
stay their action until after the Convention at Washington, and
its action is known; and to assure that Convention of the sym-
pathy of Tennessee—that our interest is one, and our destiny must
be one; and that said delegates receive the same pay, in the
same way, as delegates to the Washington Convention; and that
the Governor immediately make known this resolution to said
Commissioners.
On the adoption of the amendment, Mr. Minnis demanded the
ayes and noes, which were ordered and resulted—
Ayes
Noes
Senators voting in the affirmative are :
Messrs. Hildreth, Hunter, Johnson, Mickley, Minnis, McNeilly,
Peters, Stovall and Mr. Speaker Newman—9.
In the negative :
Messrs. Allen, Boyd, Bradford, Bumpass, Horn, Lane, Nash,
Richardson, Stanton, Stokes and Mr. Trimble—11.
So the amendment was rejected.
The question recurring upon the adoption of the resolution, Mr.
Lane demanded the ayes and noes, which were ordered and re-
suited—
9
11
156
Ayes 7
Noes 13
Senators voting in the affirmative are :
Messrs. Allen, Bradford, Bumpass, Hunter, Richardson, Stanton
and Mr. Stokes—7.
In the negative:
Messrs. Boyd, Hildreth, Horn, Hunter, Johnson, Lane, Mickley,
Minnis, McNeilly, Nash, Peters, Stovall, and Mr. Speaker New-
man—13.
So the resolution was rejected.
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, P. M., by the
Speaker.
Mr. Mickley, from the Committee on Enrolled Bills, reported an
act for the relief of justices of the peace as correctly enrolled.
A message was received from the House of Representatives by
Mr. Campbell, their clerk, as follows :
Mr. Speaker :
The Speaker of the House of Representatives has signed the
following enrolled acts and resolutions, and the same are here-
with transmitted for the signature of the Speaker of the Senate,
viz:
An act to amend the charter of the Gallatin and Cole's Ferry
Turnpike Company;
An act to repeal an act of 1857, chap. 32, abolishing military
duty;
An act to amend and construe an act entitled an act prescrib-
ing the remedy for the collection of debts and relief of the people ;
An act'authorizing certain sheriffs to appoint deputies;
An act directory to the County Court of Hickman county;
An act for the relief of justices of the peace, and for other
purposes;
An act to repeal the charter of the Fayetteville and Alabama
Turnpike Company, and for other purposes;
157
Joint resolution providing credentials for delegates to the South-
ern Convention ;
Joint resolution tendering the use of the Capitol to the Ameri-
can association for the advancement of science.
The House of Representatives has adopted House Resolution,
No. 68, directing the Acts and Journals of this session of the Legis-
laiure to be bound in one volume, and the same is herewith trans-
mitted lor the action of the Senate.
House Resolution, No. 68, directing the Acts and Journals of
this session of the General Assembly to be bound in one volume,
was taken up.
Mr. Hildreth moved to amend the resolution so as to provide
lor the binding of the Journals in one volume and the Acts in an-
other ; which amendment was adopted.
The resolution as amended was adopted.
Mr. Bradford offered the following resolution, (Senate Resolu-
tion, No. 35,):
Resolved, That the thanks of the Senate are hereby tendered
to the Hon. Taz, W. Newman, Speaker, and to the other officers
of this body, for the faithful, efficient, and impartial discharge of
their respective duties during the present session of this General
Assembly.
On motion of Mr. Stovall, the rule was suspended and the res-
olution taken up and unanimously adopted.
A message was received from the House of Representatives by
Mr. Campbell, their clerk, as follows:
Mr. Speaker :
The House of Representatives has considered and concurred
in Senate amendment to House Resolution, No 68, directing the
Journals and Acts to be bound in one volume, and the same has
been enrolled and signed by the Speaker of the House of Repre-
sentatives, and is herewith transmitted for the signature of the
Speaker of the Senate.
On motion of Mr. Richardson, the Senate adjourned until Mon-
day at 11 o'clock, A.M.
158
MONDAY, FEBRUARY 4, 1861,
The Senate met pursuant to adjournment.
The Speaker presented a communication from Mrs. M. R. Fogg,
Vice-Regent of the Mt. Vernon Association, asking that a vote be
taken upon her memorial requesting each Senator to contribute
ten dollars to the fund for the purchase of the home and grave of
Washington.
Mr. Bumpass moved that the request of Mrs. Fogg be granted ;
on which motion he demanded the ayes and noes, which were
ordered and resulted :
Ayes
Noes
Senators voting in the affirmative are:
None.
In the negative :
Messrs. Bradford, Bumpass, Minnis, McNeilly, and Mr. Speaker
Newman—5.
Ordered that a message be sent to the House of Representatives
informing that body that the Senate, having transacted all the
public business requiring its attention at this extraordinary session
of the General Assembly, is now ready to adjourn sine die.
A message was received from the House of Representatives by
Mr. DeWolfe, their clerk, as follows:
Mr. Speaker :
I am directed to inform the Senate that the House of Repre-
sentatives, having dispatched all of the public business requiring
its attention at this session of the General Assembly, is now ready
to adjourn sine die.
The hour of 12 o'clock having arrived, the Speaker declared
the Senate adjourned sine die.
TAZ. W. NEWMAN,
Speaker of the Senate.
JOHN McCLARIN,
Clerk of the Senate.
00
5
APPENDIX.
WASHINGTON'S
FAREWELL ADDRESS,
TO THE
PEOPLE OF THE UNITED STATES,
SEPTEMBER, 1796.
10 s
WASHINGTON'S LAST WOEDS
TO THE PEOPLE OF THE UNITED STATES,
September, 1*796.
" Friends and Fellow-Citizens :
" The period for a new election of a citizen, to adminis-
ter the executive government of the United States, being not
far distant—and the time actually arrived when your thoughts
must be employed in designating the person who is to be clothed
with that important trust—it appears to me proper, especially
as it may conduce to a more distinct expression of the public
voice, that I should now apprise you of the resolution I have
formed, to decline being considered among the number of those
out of whom a choice is to be made.
" I beg you, at the same time, to do me the justice to be
assured, that this resolution has not been taken without a strict
regard to all the considerations appertaining to the relation
which binds a dutiful citizen to his country ; and that, in with-
drawing the tender of service, which silence in my situation
might imply, I am influenced by no diminution of zeal for your
future interest, no deficiency of grateful respect for your past
kindness; but am supported by a full conviction, that the step
is compatible with both.
" The acceptance of, and continuance hitherto in, the office
to which your suffrages have twice called me, have been a uni-
form sacrifice of inclination to the opinion of duty, and to a
deference for what appeared to be your desire. I constantly
hoped, that it would have been much earlier in my power,
consistently with motives which I was not at liberty to
disregard, to return to that retirement from which I had been
reluctantly drawn. The strength of my inclination to do this
Washington's farewell address. 163
previous to the last election, had even led to the preparation of
an address to declare it to you. But mature reflection dn the
then perplexed and critical posture of our affairs with foreign
nations, and the unanimous advice of persons entitled to my
confidence, impelled me to abandon the idea.
" I rejoice that the state of your concerns, external as well
as internal, no longer renders the pursuit of inclination incom-
patible with the sentiment of duty or propriety; and am pur-
suaded, whatever partiality may be retained for my services,
that, in the present circumstances of our country, you will not
disapprove my determination to retire, j
" The impressions with which I first undertook the arduous
trust, were explained on the proper occasions. In the discharge
of this trust, 1 will only say, that I have, with good intentions,
contributed towards the organization and administration of the
government, the best exertions of which a very fallible judg-
ment was capable. Not unconscious, in the outset, of the
inferiority of my qualifications, experience in my own eyes,
perhaps still more in the eyes of others, has strengthened the
motives to diffidence of myself: and every day the increasing
weight of years admonishes me more and more that the shade
of retirement is as necessary to me as it will be welcome. Sat-
isfied that if any circumstances have given peculiar value to my
services, they were temporary, I have the consolation to believe,
that while choice and prudence invite me to quit the political
scene, patriotism does not forbid it.
"In looking forward to the moment which is intended to ter-
minate the career of my public life, my feelings do not permit
me to suspend the deep acknowledgment of that debt of grati-
tude which I owe to my beloved country, for the many honors
it has conferred upon me ; still more for the steadfast confidence
with which it has supported me; and for the opportunities I
have thence enjoyed of manifesting my inviolable attachment,
by services faithful and persevering, though in usefulness un-
equal to my zeal. If benefits have resulted to our country from
these services, let it always be remembered to your praise, and
as an instructive example in our annals, that under circum-
stances, in which the passions, agitated in every direction, were
liable to mislead—amidst appearances sometimes dubious—
vicissitudes of fortune often discouraging—in situations in
which not unfrequently want of success has countenanced the
spirit of criticism—the constancy of your support was the
essential prop of the efforts, and a guarantee ot the plans by
164 Washington's farewell address.
which they were effected. Profoundly penetrated with this
idea, 1 shall carry it with me to my grave, as a strong incite-
ment to unceasing vows that Heaven may continue to you the
choicest tokens of its beneficence; that your union and brother-
ly affection may be perpetual; that the free constitution, which
is the works of your hands, may be sacredly maintained; that
its administration, in every department, may be stamped with
wisdom and virtue; that, in fine, the happiness of the people
of these states, under the auspices of Heaven, may be made
complete, by so careful a preservation and so prudent a use of
liberty, as will acquire to them the glory of recommending it
to the applause, the affection, and the adoption of every nation
which is yet a stranger to it.
" Here, perhaps, I ought to stop. But a solicitude for your
welfare, which cannot end but with my life, and the apprehen-
sion of danger, natural to that solicitude, urge me, on an occa-
sion like the present, to offer to your frequent review, some
sentiments, which are the result of much reflection, of no in-
considerable observation, and which appear to me all important
to the permanency of your felicity as a people. These will be
offered to you with the more freedom, as you can only see in
them the disinterested warnings of a parting friend, who can
possibly have no personal motive to bias his counsel. Nor can
I forget, as an encouragement to it, your indulgent reception of
my sentiments on a former and not dissimilar occasion.
" Interwoven as is the love of liberty with every ligament
of your hearts, no recommendation of mine is necessary to
fortify or confirm the attachment.
" The unity of government, which constitutes you one people,
is also now dear to you. It is justly so ; for it is a main pillar
in the edifice of your real independence; the support of your
tranquility at home, your peace abroad ; of your safety; of
your prosperity; of that very liberty which you so highly
prize. But as it is easy to foresee, that from different causes,
and from different quarters, much pains will be taken, many
artifices employed, to weaken in your minds, the conviction of
this truth ; as this is the point in your political fortress, against
which the batteries of internal and external enemies will be
most constantly and actively (though often covertly and insidi-
ously) directed ; it is of infinite moment, that you should pro-
perly estimate the immense value of your national union, to
your collective and individual happiness; that you should
Washington's farewell address.
165
cherish a cordial, habitual, and immoveable attachment to it;
accustoming yourselves to think and speak of it as of the palla-
drum of your political safety and prosperity ; watching for its
preservation with jealous anxiety ; discountenancing whatever
may suggest even a suspicion that it can in any event be aban-
doned ; and indignantly frowning upon the first dawning of
every attempt to alien any portion of our country from the rest,
or to enfeeble the sacred ties which now link together the vari-
ous parts.
"For this you have every inducement of sympathy and
interest. Citizens, by birth or choice, of a common country,
that country has a right to concentrate your affections. The
name of Amebican, which belongs to you in your national capa-
city, must always exalt the just pride of patriotism, more than
any appellation derived from local discriminations. "With slight
shades of difference, you have the same religion, manners,
habits and political principles. You have, in a common cause,
fought and triumphed together. The independence and liberty
you possess are the work of .joint councils, and joint efforts—of
common dangers, sufferings and successes.
" But these considerations, however powerfully they address
themselves to your sensibility, are greatly outweighed by those
which apply more immediately to your interest. Here every
portion of our country finds the most commanding motives for
carefully guarding and preserving the union of the whole.
" The North, in an unrestrained intercourse with the South,
protected by the equal laws of a common government, finds in
the productions of the latter, great additional resources of mari-
time and commercial enterprize, and precious materials of man-
ufacturing industry. The South, in the same intercourse ben-
efiting by the agency of the North, sees its agriculture grow,
and its commerce expand. Turning partly into its own chan-
nels the seamen of the Nobth, it finds its particular navigation
invigorated: and while it contributes, in different ways, to
nourish and increase the general mass of the national naviga-
tion, it looks forward to the protection of a maritime strength,
to which itself is unequally adapted.—The East, in a like inter-
course with the West, already finds, and in the progressive im-
provement of interior communications, by land and water, will
more and more find a valuable vent for the commodities which
it brings from abroad, or manufactures at home.—The West
derives from the East supplies requisite to its growth and com-
fort: and what is, perhaps, of still greater consequence, it must
166
Washington's faeewell addeess.
of necessity owe the secuee enjoyment of indispensible outlets
for its own productions, to the weight, influence, and the future
maritime strength of the Atlantic side of the Union, directed
by an indissoluble community of interest, as one nation. Any
other tenure, by which the W est can hold this essential ad van-
tage, whether derived from its own separate strength, or from an
apostate and unnatural connexion with any foreign power, must
be intrinsically precarious.
" While then every part of our country thus feels an immedi-
ate and particular interest in union, all the parties combined
cannot fail to find, in the united mass of means and efforts,
greater strength, greater resources, proportionably greater
security from external danger, a less frequent interruption of
their peace by foreign nations. And, what is of inestimable
value, they must derive from union an exemption from those
broils and wars between themselves, which so frequently afflict
neighboring countries, not tied together by the same govern-
ment; which their own rivalships alone would be sufficient to
produce, but which opposite foreign alliances, attachments, and
intrigues, would stimulate and embitter. Hence, likewise, they
will avoid the necessity of those overgrown military establish-
ments, which, under any form of government, are inauspicious
to liberty; and which are to be regarded as particularly hostile
to republican liberty. In this sense it is, that your union ought
to be considered as a main prop of your liberty, and that the
love of the one ought to endear to you the preservation of the
other.
" These considerations speak a persuasive language to every
reflecting and virtuous mind; and exhibit the continuance of
the Union as a primary object of patriotic desire. Is there a
doubt, whether a common government can embrace so large a
sphere. Let experience solve it. To listen to mere specula-
ti©n in such a case were criminal. We are authorised to hope
that a proper organization of the whole, with the auxiliary
agency of governments for the respective subdivisions, will
afford a happy issue to the experiment. 'Tis well worth a fair
and full experiment. With such powerful and obvious motives
to union, affecting all parts of our country, while experience
shall not have demonstrated its impracticability, there will al-
ways be reason to distrust the patriotism of those, who in any
quarter may endeavor to weaken its bands.
" In contemplating the causes which may disturb our union,
it occurs, as a matter of serious concern, that any ground should
Washington's farewell address.
167
have been furnished for characterizing parties by geographical
discriminations—northern and southern—atlantic and western;
whence designing men may endeavor to excite a belief, that
there is a real difference of loeal interests and views. One of
the expedients of party to acquire influence, within particular
districts, is to misrepresent the opinions and.aims of other dis-
tricts. You cannot shield yourselves too much against the
jealousies and heart-burnings which spring Irom these misrepre-
sentations. They tend to render alieD to each other, those who
ought to be bound together by fraternal affection. The inhabi-
tants of our western country have lately had a useful lessons on
this head. They have seen, in the negociation by the execu-
tive, and in the unanimous ratification by the senate, of the
treaty with Spain, and in the universal satisfaction at that event
throughout the United States, a decisive proof how unfounded
were the suspicions propagated among them, of a policy in the
general government, and in the Atlantic States, unfriendly to
1 their interest in regard to the Mississippi. They have been
witnesses to the formation of two treaties, that with Great-
Britain, and that with Spain, which secure to them every thing
they could desire, in respect to our foreign relations, towards
confirming their posterity. Will it not be their wisdom to rely
for the preservation of these advantages on the union by which
they were procured ? Will they not henceforth be deaf to those
advisers, if such there are, who would sever from them their
brethren, and connect them with aliens %
: "To the efficacy and permanency of your union, a govern-
j- ment ior the whole is indispensable. No alliances, however
strict, between the parts, can be an adequate substitute. They
: must inevitably experience the infractions and interruptions
which all alliances in all times have experienced. Sensible of
i this momentous truth, you have improved upon your first essay,
by the adoption of a constitution of government better calculated
than your former, for an intimate union, and for the efficacious
management of your common concerns. This government, the
offspring of your own choice, uninfluenced and unawed, adopted
upon full investigation and mature deliberation, completely free
in its principles, in the distribution of its powers, uniting
security with energy, and containing within itself a provision
for its own amendment, has a just claim to your confidanee and
your support. Respect for its authority, compliance with its
laws, acquiescence in its measures, are duties enjoined bV the
fundamental maxims of true liberty. The basis of our political
1 ' -
168
WASHINGTONS's FAREWELL ADDRESS.
systems is the right of the people to make and alter their con-
stitntions of government. But the constitution which at any
time exists, till changed by an explicit and authentic act of the
whole people, is sacredly obligatory upon all. The very idea
of the power and the right of the people to establish govern-
ment, pre-supposes the duty of every individual to obey the
established government.
" All obstructions to the execution of the laws, all combina-
tions and associations, under whatever plausible character, with
a real design to direct, control, counteract, or awe the regular
deliberation and action of the constituted authorities, are des-
tractive of this fundamental principle, and of fatal tendency.
They serve to organize faction; to give it an artificial and ex-
traordinary force; to put in the place of the delegated will of
the nation, the will of a party, often a small but artful and en-
terprising minority of the community; and, according to the
alternate triumphs of different parties, to make the public ad-
ministration the mirror of the ill-concerted and incongruous
projects of faction, rather than the organ of consistent and
wholesome plans, digested by common counsels, and modified
by mutual interests.
"However combinations or associations of the above descrip-
tion may now and then answer popular ends, they are likely,
in the course of time and things, to become potent engines, by
which cunning, ambitious, and unprincipled men will be en-
abled to subvert the power of the people; and to usurp to
themselves the reins of government; destroying afterwards
the very engines which have lifted them to unjust dominion.
" Towards the preservation of your government, and the
permanency of your present happy state, it is requisite, not only
that you speedily discountenance irregular oppositions to its
acknowledged authority, but also that you resist with care the
spirit of innovation upon its principles, however specious the
pretexts. One method of assault may be to effect, in the forms
of the constitution, alterations which will impair the energy of
the system; and thus to undermine what cannot be directly
overthrown. In all the changes to which you may be invited,
remember that time and habit are at least as necessary to fix
the true character of government, as of other human institu-
tions ; that experience is the surest standard, by which to test
the real tendency of the existing constitution of a country;
that facility in changes, upon the credit of mere hypothesis and
opinion, exposes to perpetual change, from the endless variety
Washington's farewell address.
169
of hypothesis and opinion. And remember, especially, that
for the efficient management of your common interests, in a
country so extensive as ours, a government of as much vigor as
is consistent with the perfect security of liberty, is indispensa-
ble. Liberty itself will find in such a government, with powers
properly distributed and adjusted, its surest guardian. It is,
indeed, little else than a name, where the government is too
feeble to withstand the enterprises of faction ; to confine each
member of the society within the limits prescribed by the laws;
and to maintain all in the secure and tranquil enjoyment of the
rights of person and property.
" I have already intimated to you the danger of the parties
in the state, with peculiar reference to the founding of them on
geographical discriminations. Let me now take a more com-
prehensive view, and warn you in the most solemn manner
against the baneful effects of the spirit of party, generally.
"This spirit, unfortunately, is inseparable from our nature,
having its root in the strongest passions of the human mind.
It exists under different shapes in all governments, more or less
stifled, controlled, or repressed. But in those of the popular
form, it is seen in its greatest rankness; and is truly their
worst enemy.
"The alternate dominion of one faction over another, sharp-
ened by the spirit of revenge natural to party dissention, which,
in different ages and countries, has perpetrated the most horrid
enormities, is itself frightful despotism. But this leads at
length to a formal and permanent despotism. The disorders
and miseries which result, gradually incline the minds of men
to seek security and repose in the absolute power of an individ-
ual. And, sooner or later, the chief of some prevailing faction,
more able or more fortunate than his competitors, turns this
disposition to the purposes of his own elevation, on the ruins of
publie liberty.
"Without looking forward to an. extremity of this kind
(which, nevertheless, ought not to be entirely out of sight,) the
common and continual mischiefs of the spirit of party are suf-
ficient to make it the interest and duty of a wise people to dis-
courage and restrain it.
"It serves always to distract the public councils, and enfeeble
the public administration. It agitates the community with ill-
founded jealousies and false alarms; kindles the animosity of
one part against another ; foments occasionally riot and insur-
rection; and opens the door to foreign influence and corrup-
170
Washington's fakewell addeess.
tion, which find a facilitated access to the government itself
through the channels of party passions. Thus the policy and
will of one country are subjected to the policy and will of
another.
"There is an opinion that parties in free countries are useful
checks upon the administration of the government, aud serve
to keep alive the spirit of liberty. This, within certain limits,
is probably true, and, in governments of a monarchical cast, pat-
riotism may look with indulgence, if not with favor, upon the
spirit of party. But in those of the popular character,
in governments purely elective, it is a spirit not to be en-
couraged. From their natural tendency, it is certain there will
always be enough of this spirit for every salary purpose.
And there being constant danger of excess, the effort ought to
be, by force of public opinion, to mitigate and assuage it. A
fire not to be quenched, it demands a uniform vigilance to pre-
vent its bursting into a flame, lest, instead of warming, it should
consume.
"It is important, likewise, that the habits of thinking in a
free country should inspire caution, in those entrusted with its
administration, to confine themselves within their respective
constitutional spheres, avoiding, in the exercise of the powers
of one department, to encroach upon another. The spirit of
encroachment tends to consolidate the powers of all the de-
partments in one, and thus to create, whatever the form of
government, a real despotism. A just estimate of that love of
power, and proneness to abuse it, which predominates in the
human heart, is sufficient to satisfy us of the truth of this posi-
tion. The necessity of reciprocal checks, in the exercise of
political power, by dividing and distributing it into different
depositories, and constituting each the guardian of public weal
against invasions by the others, has been evinced by experi-
ments ancient and modern ; some of them in our country, and
under our own eyes. To preserve them must be as necessary
as to institute them. If, in the opinion of the people, the dis-
tribution or modification of the constitutional powers be in any
particular wrong, let it be corrected by an amendment in the
way which the constitution designates. But let there be no
change by usurpation ; for though this, in one instance, may
| be the instrument of good, it is the customary weapon by which
j free governments are destroyed. The precedent must always
| greatly overbalance, in permanent evil, any partial or transient
!i benefit which the use can at any time yield.
Washington's farewell address.
lTl
f "Of all the dispositions and habit? which lead to political
prosperity, religion and morality are indispensible supports. In
vain would that man claim the tribute of patriotism, who should
labor to subvert these great pillars of human happiness, these
firmest props of the duties of men and citizens. The mere
politician, equally with the pious man, ought to respect and to
cherish them. A volume could not trace all their connexions
with private and public felicity. Let it be simply asked, where
is the security for property, for reputation, for life, if the sense
of religious obligations desert the oaths, which are the instru-
ments of investigation in the courts of justice ? And let us .
with caution indulge the supposition, that morality can be ob-
tained without religion. Whatever may be conceded to the
influence of refined education on minds of peculiar structure,
reason and experience both forbid' us to expect that national
morality can prevail in exclusion of religious principle.
" 'Tis substantially true, that virtue or morality is a necessary
spring of popular government. The rule indeed extends with
more or less force to every species of free government. Who
that is a sincere friend to it can look with indifference upon
attempts to shake the foundation of the fabric f
" Promote, then, as an object of primary importance, institu- '
fions for the general diffusion of knowledge. In proportion as
the structure of a government gives force to public opinion, it is
essential that public opinion should be enlightened.
"As a very important source of ,strength and security,
cherish public credit. One method of preserving it, is to use it
as sparingly as possible; avoiding occasions of expense by
, Cultivating peace; but remembering also that timely disburse-
ments to prepare for danger frequently prevent much greater
disbursements to repel it; avoiding likewise the accumulations
of debt, not only by shunning occasions of expense, but by
Vigorous exertions, in time of peace, to discharge the debts
Which unavoidable wars may have occasioned; not nngener-
ously throwing upon posterity the burden which we ourselves
ought to bear. The execution of these maxims belongs to your
representatives; but if is necessary tha't public opinion should
; co-operate. To facilitate to them the performance of their duty,
• it is essential.that you should pfactic&lly bear in mind, that to-
! wards the parent Of debts there, must be revenue; that to
have revenue there rpustbe taxes ; that no taxes can be devised
, Which are not"mofe br less iucohVenient and unpleasant;^that !.
the intrinsic embarrassment' inseparable from tho selection of
I ... . . . I
112 Washington's faeewell addeess.
the proper object (which is always a choice of difficulties) oigh-t
to be a decisive motive for a candid construction of the conduct:
of the government in making it, and for a spirit of acqnies-
cence in the measures for obtaining revenue, which the public
exigencies may at any time dictate.
" Observe good faith and justice towards all nations ; culti-
vate peace and harmony with all. Keligion and morality en-
join this conduct: and can it be that good policy does not
equally enjoin it 1 It will be worthy of a free, enlightened, and
at no distant period a great nation, to give to mankind the
magnanimous and too novel example of a people always guided
by an exalted justice and benevolence. Who can doubt that in
the course of time and things, the fruits of such a plan would
richly repay any temporary advantages which might be lost by
a steady adherence to it. Can it be, that Providence has not
connected the permanent felicity of a nation with its virtue?
The experiment, at least, is recommended by every sentiment
which ennobles human nature. Alas! is it rendered impossi-
ble by its vices ?
" In the execution of such a plan, nothing is more essential
than that permanent, inveterate antipathies against particular
nations, and passionate attachments for others, should be ex-
eluded ; and that in place of them just and amicable feelings
towards all should be cultivated. The nation which indulges
towards another an habitual hatred, or an habitual fondness, is
in some degree a slave. It is a slave to its animosity or to its
affection, either of which is sufficient to lead it astray from its
duty and its interest. Antipathy in one nation against another,
disposes each more readily to offer insult and injury; to lay
hold of slight causes of umbrage; and to be haughty and in-
tractable, when accidental or trifling occasions of dispute occur.
Hence frequent collisions, obstinate, envenomed, and bloody
contests. The nation, prompted by ill-will and resentment,
sometimes impels to war the government, contrary to the best
calculations of policy. The government sometimes participates
in the national propensity ; and adopts, through passion, what
reason would reject. At other times, it makes the animosity of
the nation subservient to projects of hostility, instigated by
pride, ambition, and other sinister and pernicious motives. The
peace often, sometimes perhaps the liberty, of nations has been
the victim.
" So, likewise, a passionate attachment of one nation for
another produces a variety of evils. Sympathy for the favorite
Washington's farewell address.
173
nation, facilitating the illusion of an imaginary common inter-
est. in cases where no real common interest exists, and infus-
ing into one the enmities of the other, betrays the former into
a participation in the quarrels and wars of the latter, without
adequate inducement or justification. It leads also to conces-
sions to the favorite nation, of privileges denied to others,
which is apt doubly to injure the nation, making the conces-
sions; by unnecessarily parting with what ought to have been
retained; and by exciting jealousy, ill-will, and a disposition
to retaliate, in the parties from whom equal privileges are with-
held. And it gives to ambitious, corrupted, or deluded citi-
Zens (who devote themselves to the favorite nation) facility to
betray or sacrifice the interests of their own country, without
odium, sometimes even with popularity; gilding, with the ap-
pearances of a virtuous sense of obligation, a commendable
deference for public opinion, or a laudable zeal for public good,
the base or foolish compliances of ambition, corruption, or in-
fatuation.
"As avenues to foreign influence in innumerable ways, such
attachments are particularly alarming to the truly enlightened
and independent patriot. How many opportunities do they
afford to tamper with domestic factions; to practice the arts of
seduction ; to mislead public opinion; to influence or awe the
public councils ! Such an attachment of a smal| or weak, to-
wards a great and powerful nation, dooms the former to be the
satellite of the latter.
"Against the insidious wiles of foreign influence (I conjure
you to believe me, fellow-citizens) the jealousy of a free people
ought to be constantly awake; since history and experience
prove that foreign influence is one of the most baneful foes of
republican government. But that jealousy, to be useful, must
be impartial; else it becomes the instrument of the very in-
fluence to be avoided, instead of a defence against it. Exces-
sive partiality for one foreign nation, and excessive dislike of
another, cause, those whom they actuate, to see danger only on
one side ; and serve to veil and even second the arts of influence
on the other. Real patriots, who may resist the intrigues of
the favorite, are liable to become suspected and odious, while
its fools and dupes usurp the applause and confidence of the
people, to surrender their interests.
"The great rule of conduct for us, in regard to foreign
nations, is, in extending our commercial relations, to have with
them as little political connection as possible. So far as we
174
Washington's farewell address.
have already formed engagements, let them be fulfilled with
perfect good faith. Here let us stop.
"Europe has a set of primary interests, which to us have
none, or a very remote relation. Hence she must be engaged
in frequent controversies, the causes of which are essentially
foreign to our concerns. Hence, therefore, it must be unwise
in us to implicate ourselves, by artificial ties, in the ordinary
vicissitudes of her politics, or the ordinary combinations and
collisions of her friendships or enmities.
" Our detached and distant situation invites and enables us
to pursue a different course. If we remain one people, under
an efficient government, the period is not far off, when we may
defy material injury from external annoyance, when we may
take such a-n attitude as will cause the neutrality, we may at
any time resolve upon, to be scrupulously respected; when
belligerent nations, under the impossibility of making acquisi-
tions upon us, will not lightly hazard the giving us provocation;
when we may choose peace or war, as our interest, guided by
justice, shall counsel.
"Why forego the advantages of so peculiar a situation ?
Why quit our own, to stand upon foreign ground ? Why, by
interweaving our destiny with that of any part of Europe, en-
tangle our peace and prosperity in the toils of European ambi-
tion, rivalship, interest, humor, or caprice ? !
" 'Tis our true policy to steer clear of permanent alliances, !
with any portion of the foreign world ; so far, I mean, as we are |
now at liberty to do it; for let me not be understood as capable |
of patronizing infidelity to existing engagements. I hold the j
maxim no less applicable to public than to private affairs, that |
honesty is always the best policy. I repeat it, therefore, let
those engagements be observed in their genuine sense. But,
in my opinion, it is unnecessary, and would be unwise, to ex-
tend them.
" Taking care always to keep ourselves, by suitable establish- !
ments, in a respectable defensive posture, we may safely trust j
to temporary alliances for extraordinary emergencies. j
" Harmony and a liberal intercourse with all nations, are j
recommended by policy, humanity, and interest. But even our J
commercial policy should hold an equal and impartial hand; J,
neither seeking nor granting exclusive favors or preferences; |
consulting the natural course of things ; diffusing and diversi-
tying by gentle means the streams of commerce, but forcing
nothing; establishing, (with powers so disposed, in order to
Washington's farewell address. 175
give trade a stable course, to define the rights of our merchants,
and to enable the government to support them,) conventional
rules of intercourse, the best that present circumstances and
mutual opinion will permit, but temporary, and liable to be
from time to time abandoned or varied, as experience and cir-
cumstances shall dictate ; constantly keeping in view, that it is
folly in one nation to look for disinterested favors from another;
that it must pay with a portion of its independence, for what-
ever it may accept under that character ; that, by such accept-
ance, it may place itself in the condition of having given equiv-
alents for nominal favors, and yet of being reproached with
ingratitude for not giving more. There can be no greater error
than to expect or calculate upon real favors from nation to
nation. It is an illusion which experience must cure, which a
just pride ought to discard.
" In offering to you, my countrymen, these counsels of an
old and affectionate friend, I dare not hope they will make the
strong and lasting impression I could wish ; that they will con-
trol the usual current of the passions, or prevent our nation
from running the course which has hitherto marked the destiny
of nations ! but, if I may even flatter myself, that they may be
productive of some partial benefit, some occasional good ; that
they may now and then recur to moderate the fury of party
spirit; to warn against the mischiefs of foreign intrigue; to
guard against the imp6stures of pretended patriotism; this
hope will be a full recompense for the solicitude for your wel-
fare, by which they have been dictated.
"How far, in the discharge of my official duties, I have
been guided by the principles which have been delineated, the
public records and other evidences of my conduct must witness
to you and to the world. To myself, the assurance of my own
conscience is, that I have, at least, believed myself to be guided
by them.
"In relation to the still subsisting war in Europe, my procla-
mation of the 22d of April, 1793, is the index to my plan.
Sanctioned by your approving voice, and by that of your repre-
sentatives in both houses of Congress, the spirit of that meas-
ure has continually governed me, uninfluenced by any attempts
to deter or divert me from it.
" After deliberate examination, with the aid of the best lights
I could obtain, I was well satisfied that our country, under all
the circumstances of the case, had a right to take, and was
bound in duty and interest to take, a neutral position. Having!
176
Washington's farewell address.
taken it, I determined, as far as should depend upon me, to
maintain it with moderation, perseverance and firmness.
" The considerations which respect the right to hold this
conduct, it is not necessary on this occasion to detail. I will
only observe, that according to my understanding of the matter,
that right, so far from being denied by any of the belligerent
powers, has been virtually admitted by all.
"The duty of holding a neutral conduct may be inferred,
without anything more, from the obligation which justice and
humanity impose on every nation, in cases in which it is free to
act, to maintain inviolate the relations of peace and amity to-
wards other nations.
" The inducements of interest for observing that conduct will
best be referred to your own reflections and experience. With
me, a predominant motive has been to endeavor to gain time to
our country to settle and mature its yet recent institutions,
and to progress without interruption to that degree of
strength and consistency, which is necessary to give it, human-
ly speaking, the command of )its own fortunes.
" Though, in reviewing the incidents of my administration,
I am unconscious of intentional error, I am nevertheless too
sensible of my defects, not to think it probable that I may have
committed many errors. Whatever they may be, I fervently
beseech the Almighty to avert or mitigate the evils to which
they may tend, I shall also carry with me the hope that my
country will never cease to view them with indulgence; and
that, after forty-five years of my life dedicated to its service,
with an upright zeal, the faults of incompetent abilities will be
consigned to oblivion, as myself must soon be to the mansions
of rest.
" Relying on its kindness in this as in other things, and
actuated by that fervent love towards it, which is so natural to a
man, who views in it the native soil of himself and his progen-
itors for several generations, I anticipate with pleasing expecta-
tion that retreat, in which I promise myself to realize, without
alloy, the sweet enjoyment of partaking, in the midst of my
fellow-citizens, the benign influence of good laws under a free
government—the ever favorite object of my heart, and the
happy reward, as I trust, of our mutual cause, labors and
dangers.
GEORGE WASHINGTON.
" United States, 27th September, 1796."
index:
TO
SENATE JOURNAL.
12 s
INDEX.
A
Allen, V. S., Senator from the counties of Gibson, Carroll and
Dyer, appears and takes his seat 31
Bills, Resolutions, Petitions, Motions, &c., 35, 73, 93, 94, 120,
124, 145, 146, 154.
Banks, communication from Planters, Union and Bank of Ten-
Boyd, Jas. S., Senator from the counties of Knox and Roane, ap-
pears and takes his seat 3
Bills, Resolutions, Petitions, Motions, &c., 30, 49, 108, 113,144,
146.
Bradford, W. M., Senator from the counties of Hawkins, Han-
cock and Jefferson, appears and takes his seat 3
Bills, Resolutions, Petitions, Motions, &c., 29, 30, 39, 40, 43, 44,
48, 54, 55, 59, 60, 62, 63, 64, 67, 70, 71, 72, 83, 95, 131, 139,
148, 150, 155, 157.
Bumpass, R. W., Senator from the counties of Madison, Haywood,
Lauderdale and Tipton, appears and takes his seat 4
Bills, Resolutions, Petitions, Motions, &c., 30, 54, 63, 64, 67, 84,
88, 89,92, 97, 98, 105, 107, 112, 113, 115, 118, 123, 130, 135,
136, 146, 148, 149, 150, 152, 155, 156, 158.
nessee
41
B
61
65
180
Committees, Joint Select, appointed.
„On Federal Relations* . •. *32
On Banks and Finance 32
On Military Affairs 32
To wait on the Governor- 6,149
To wait on Commissioners from Alabama and Missis-
sippi ....... i .29
Committees, Special.
On the Relief of the people 35
On Governor's Message 58
Conventions of the two Houses.
To hear the addresses of the Commissioners from Ala-
bama and Mississippi 31
To elect Commissioners to a Convention of the slave-
holding States *98
Correspondence between the Governors of Tennessee and Ohio. 19
G
Governor.
Messages of 6, 57, 116
H
Hildretjei, Reese T., Senator from the counties of Morgan, Scott,
Fentress and Overton, appears and takes his seat 3
Bills, Resolutions, Petitions, Motions, &c., 35, 37, 40, 52, 58, 59,
61, 64, 65, 66, 67, 70, 79, 80, 84, 86, 87, 88, 90, 91, 93, 97,100,
111, 115, 117, 118, 119, 122, 125, 128, 133, 152, 153, 157.
Horn, Judson, Senator from the counties of Robertson, Montgom-
ery and Stewart, appears and takes his seat 4
Bills, Resolutions, Petitions, Motions, &c., 39, 48, 81,95, 114,
116, 119, 120, 125, 131.
Hunter, H. W., Senator from the counties of Giles, Lawrence and
Wayne, appears and takes his seat • 4
Bills, Resolutions, Petitions, Motions, &c.
Johnson, James M., Senator from the counties of Bedford and Mar-
shall, appears and takes his seat »k....... 3
181
Bills, Resolutions, Petitions, Motions, &c., 30, 33, 54, 58, 64, 95,
131, 138, 144, 150.
L
jLANE, James T., Senator from the counties of Meigs, McMinn,
Polk and Monroe, appears and takes his seat....» »3
Bills, Resolutions, Petitions, Motions, &c., 29, 30, 34, 37, 40, 47,
49, 51, 54, 58, 59, 61, 65, 68, 69, '80, 84, 85, 88, 92; 94, 95, 96,
101, 109, 110, 111, 112, 113, 114, 115, 116, 117, 124, 126, 142,
.146, 148, 155.
M
Mickley, Jas. E., Senator from -the counties of Benton, Hum-
phreys, Perry, Decatur and Henderson, appears and takes
his seat. 4
Bills, Resolutions, Petitions, Motions, &c., 31,132,139,149,156.
Minnis, J. A., Senator from the counties of Rhea, Bledsoe, Brad-
ley, Hamilton and Marion, appears and takes his seat* • • *31
Bills, Resolutions, Petitions, Motions, &c., 52, 54, 59, 63, 65, (37,
68, 74, 80, 85, 97, 111, 114, 140, 144, 149, 150, 151, 155.
McClellan, Geo, R., Senators from the counties of Johnson, Car-
ter, Washington and Sullivan, appears and takes his seat- *3
Bills, Resolutions, Petitions, Motions, &c., 28, 49, 62, 63, 69, 81,
.122, 135,148.
McNeilly, Thomas, Senator from the counties of Maury, Lewis,
Hickman and Dickson, appears and takes his seat .»4
Bills, Resolutions, Petitions, Motions, &c., 58, 72, 111, 116,144,
152, 153, 154.
."N
Nash, M. V., Senator from the counties of Claiborne, Grainger,
Anderson and Campbell, appears and takes his seat* • • * • • *3
Bills, Resolutions, Petitions, Motions, &c., 54, 94, 95.
Newman, Taz. W., Senator from the counties of Franklin and
Lincoln, appears and takes his seat- '• «3
Address to the Senate * ,4
Bills, Resolutions, Petitions, Motions, &c.i 31,32, 44, 62, 66, 69,
79, 80, 81, 86, 10S, 112, 114, 115, 117, 120, 123, 130, 131, 138,
140f 142,143, 146, 154.
182
p
Payne, R. G., Senator from the counties of Fayette and Shelby,
appears and takes his seat ' 4
Bills, Resolutions. Petitions, Motions, &c., 25, 26, 28, 29, 30,33,
34, 37, 40, 45, 48, 49, 50, 52, 56, 61, 62, 67, 68, 69, 71, 72, 73,
75, 83, 84, 87, 89, 91, 94, 95, 96, 97, 109, 112, 116.
Peters, Geo. B., Senator Irom the counties of Hardin, McNairy
and Hardeman, appears and takes his seat 25
Bills, Resolutions Petitions, Motions, &c., 36, 49, 52, 60, 61, 73,
89, 91, 96, 107, 111, 112. 116, 142, 147, 150.
Public Arms, report of the keeper of 24
R
Richardson, Jno. W., Senator from the counties of Rutherford and
Williamson, appears and takes his seat* • • 3
Bills, Resolutions, Petitions, Motions, &c., 5, 27, 29, 30, 31, 33,
34, 36, 38, 39, 41, 43, 51, 52, 60, 70, 71, 73, 74, 79, 84, 88, 94,
95, 97, 108, 109, 115, 124, 126, 134, 135, 151, 153, 157.
Rules of last session adopted 6
s
Stanton, S. S., Senator from the counties of White, Jackson and
Maocn, appears and takes his seat 29
Bills, Resolutions, Petitions, Motions, &c., 51, 55, 65, 68, 89,94,
97, 98, 110, 117, 120, 123, 125, 126, 128, 154.
Stokes, Jordan, Senator from the counties of Wilson and DeKalb,
appears and takes his seat 3
Bills, Resolutions, Petitions, Motions, &c., 25, 30, 32, 33, 36, 39,
48, 62, 72, 81, 83, 87, 90, 99, 112, 114, 126, 129, 131, 151.
Stovall, B. L., Senator from the counties of Henry, Weakley
and Obion, appears and takes his seat 4
Bills, Resolutions, Petitions, Motions, &c., 6, 28, 49, 55, 56, 65,
68, 73, 87, 94, 95, 109, 121, 122, 135, 137, 145, 149, 157.
Stokely, D. V., Senator from the counties of Greene, Cocke, Se-
vier and Blount, appears and takes his seat 3
Bills, Resolutions, Petitions, Motions, &c., 37, 51, 52 54, 56, 59,
62, 63, 64, 66, 67, 68, 79, 80, 82, 122, 123, 127, 134, 137, 139,
143.
183
Senate, calls of • • • *61, 107, 135
T
Thompson, Jas. L., Senator from the counties of Smith and Sum- v
ner, appears and takes his seat 38
Bills, Resolutions, Petitions, Motions, &c., 52, 61, 62, 66, 87, 89,
111, 113, 115, 119, 123.
Trimble, John, Senator from the county of Davidson, appears and
takes his seat ........ 4
Bills, Resolutions, Petitions. Motions, &c., 6, 39, 41, 49, 56, 58,
60, 61, 71, 88, 91, 92, 93, 98, 107, 109, 110, 114, 115, 118, 120,
121,125,129,143, 148,153.
W
Wood, Ed. J., Senator from the counties of Warren, Cannon, Cof-
fee, Grundy and Van Buren, appears and takes his seat- • • *3
Bills, Resolutions, Petitions, Motions, &c., 26, 35, 36, 48, 49,62,
69, 70, 74, 83, 118, 130, 132, 133.
184
SENATE RESOLUTIONS.
No.
Author.
Eichardson.
Trimble
Wood
4 Payne
5 Eichardson.
13
14
Payne
Newman.
Stokes
Eichardson.
Payne,
Bradford.
Bradford.
17
17
18
19
20
21
22
Bradford.
Bradford.
Newman..
Payne.
Thompson.
Hildreth....
Peters
Thompson.
Stokely
Stanton.
To appoint Joint Select Committee to
wait on the Governor
To print the Farewell Address of
Washington
To appoint a Special Committee on the
Eelief of the People
Stovall..
On federal relations
Eecommending Congress to call a Con-
vention of all the States
To furnish postage stamps for the use
of members
Directory to the Presidents of the Plan-
ters', Union, and State Banks
For the relief of Ed. Willis, of Wil-
son county
Endorsing the Crittenden proposition
as a settlement of our political diffi-
culties
In relation to the appointment of Cab
inet officers by the President elect..
Directory to the Committee on Finance
To raise a joint select committee to
prepare an address to the people of
the United States
Eecommending non-intercourse, com-
mercially, with citizens of the North
ern States
Bequesting the Federal Government
to avoid causes of war with the se-
ceded States
To call a Convention of the Southern
States
Asking that the statu quo of all move
ments tending to occasion collision
between the Federal Government
and the Southern States be main-
tained
On federal relations
For the relief of Jno. W. Eoberts,
revenue collector of Overton county.
In relation to a General Convention of
Southern States
Directory to the Governor
To adjourn sine die on Monday, the
28th of February, 1861...
Directing our Senators and requesting
our Eepresentatives in Congress to
present a resolution in Congress de
daring it the duty of the President
to execute the fugitive slave law
For the relief of James E. Gardner....
Page.
5
6
26
26
27
30
32
32
34
37
39
43
43
44
44
Other
Action.
50
52
58
60
66
68
68
73
33
[62, 67,112
33, 45, 66, 60,
33
36, 70
39
39, 56
63
63, 65
64
50, 68, 86
123
64
97
97, 112
95
86, 121
Jo.
23
24
25
26
27
28
29
30
31
32
33
34
35
m
SENATE, RPSPEEWJONS.
To provide for a Convention of the
•two Houses to elect delegates to a
Southern Convention
For the relief of N. G. Phillips, reve
nue collector of Carroll county......
Directing the Governor to correspond
hy telegraph with Southern States..
Directory to the Commissioners elected
to a Southern Convention
Instructing the delegates elected to i
Convention of slaveholding States..
For the relief of the securities of C
Green, deceased.
Belative to printing the Acts and Jour
nals of the General Assembly.
To elect a delegate to a Southern Con
vention in place of Hon. Geo. W
J ones, declined ...,
Requesting Hon. Geo. W. Jones to
serve as delegate to a Southern Con-
vention,.,.... ...
Declaratory of the intent and meaning
of a resolution heretofore adopted in
relation to resolutions passed hy the
< Legislature of the State of Hew
York '..
To | appoint commissioners to attend the
Convention of Southern States, at
Montgomery, Ala., on the 4th of.
February, 1861...........
To appoint T. W. Newman, a dele-
gate to the Southern Convention in
place of Hon. Geo. W. Jones, de-
clined
Of thanks to the officers of the Senate.
186
SENATE BILLS.
No.
2
8
4
5
6
7:
8
9
10
11
12
13
14
15
16
17
18
Author.
Payne.
Johnson
Payne....
Richardson.
Allen
Wood
Payne
Peters
Peters
Committee..
Bumpass
TITLE.
the people of Tennessee
Appraisement law
To amend the charter of
Bank of West Tennessee...
To enable the banks to af
Tennessee.
terest law.......
To incorporate
the
unteer corps in this State
o maintain the defense of tl
State
Hildreth.
Payne....
Payne
Bradford.
19
:20
21
Payne.
Lane..
Wood
panies and receivers.
To incorporate the
phis.
peace
To amend
capital..
tions
For the relief of parties who ap-
perior Court
ment in Andrew College...
For the relief of tax-payers
Payne...
Stanton.
Stanton...
insurrection
other purposes
To authorize the Bank of Ten-
nessee to issue post-notes and
loan money on twelve months'
credit
To extend the time for the South-
within the provisions of former
acts
1st Reading.
2d Reading.
3d Reading.
Other
Action.
f
. 25
36
54
33, 39, 48
.. 30
e
37
54
40, 62, 72
. 33
d
37
40
• 33
f
37
47
40, 48, 130
. 35
39
120
• 35
s
64
83
69
.. 49
71
91
.. 49
e
• 52
108
117
87, 114
• 60
l
64
66
121, 124
67
71
109
92, 96, 148
[152
67
1
>
71
107
92, 114, 118,
67
71
110
127
67
71
92
67
71
92
94
69
91
96
127
69
91
109
95, 148
69
73, 87, 108
94
117
95
94
97
128
117
120
129
124
IU.
1
3
8
14
15
17
20
26
28
29
32
34
85
37
39
44
187
HOUSE BILLS.
TITLE.
To repeal an act passed 21st of February, 1860,
entitled an act to amend the usury laws of
the State and to establish a conventional
rate of interest
To provide for a Convention of the people of
Tennessee
Providing a remedy for the collection of
debts
For the relief of tax-payers of the State
To prevent the sacrifice of personal property...
To repeal the act of 1857, chapter 32, abolish-
ing military duty
To amend an act passed 22d March, 1860, and
for other purposes
To amend section 3515 of the Code of Ten-
nessee
To authorize the sheriffs of certain counties to
appoint deputies
Reducing the rate of interest from 12 J per cent.
to six, in cases of appeal
Directory to the county Court of Hickman co..
To amend the charter of the Gallatin and Cole's
Ferry Turnpike Company
To defray the expenses of the General Assem-
bly, with the report of the Finance Com-
mittee
To repeal the 6th section of chapter 125 of an
act passed 13th March, 1860
To repeal an act passed February 13th, 1860,
granting a charter to the Fayetteville and
Alabama Turnpike Company, and to suspend
the public road law for Greene county until
the first day of January, 1862
To amend and construe an act entitled an act
debts and relief of the people.
1st Reading.
2d Reading.
3d Reading.
87
96
133
48
51
59
91
96
113
63
71
87
63
71
88
112
127
135
122
127
136
132
143
137
143
153
127
138
144
132
143
152
133
143
154
112
120
134
127
135
145
133
143
149
137
144
154
188
HOUSE RESOLUTIONS.
To raise a Joint Select Committee on Federal Eelations
To raise a Joint Select Committee on the pecuniary digress of
the people '
To raise a Joint Select Committee on Military Affairs
To hold a Convention of the two Houses to hear the addresses
of the Alabama and Mississippi Commissioners
To pay members their per diem and mileage as it becomes due
In regard to the action of the Legislature of Hew York, in
tendering men and money to the President of the U nited
States
Directory to the Governor of the State ,
Directory to the comptroller of the Treasury
Proposing amendments to the Constitution of the United
States,
Directory to the Commissioners of the Capitol
Proposing a Convention of the two Houses to elect delegates
to a Southern Convention
Tendering the use of the Capitol to the American Association
for the Advancement of Science
Providing for credentials for the delegates elected to a Con-
vention of slaveholding States
Directing the Acts and Journals of this session of the Legisla-
ture to be bound in one volume
Page.
28, 29
28
28
29
29
61, 62
63
64
75, 80, 84
71
91
153
154
157
MEMORIALS AND PETITIONS.
By whom
presented.
Lane
Lane
Trimble.
Trimble.
Praying that no tax be levied for the purpose of
arming the militia
Praying that the taxes be not increased for the pur-
pose of arming the militia
From citizens of Nashville, praying the Legislature
not to authorize said city to endorse, the bonds of
the Edgefield and Kentucky Kailroad Company..
From the same, on the same subject...
94
115
118
189
MEMORIALS AND PETITIONS.
From the same, on the same subject
From citizens of Wilson county, praying the repeal
of the stay law
From citizens of Morgan county, relative to the re-
moval of the Court House of said county
From citizens of Hamilton county, praying the re-
peal of the stay law
120
131
140
140
HOUSE JOURNAL
OF THE
EXTRA SESSION OF THE
THIRTY-THIRD GRINMAL ASSEMBLY
OF THE
STATE OF TENNESSEE,
WHICH CONVENED AT
NASHVILLE, ON THE FIRST MONDAY IN JANUARY, A. D. 1861.
NASHVILLE:
J. 0. GRIFFITH AND COMPANY, PUBLIC PRINTERS.
1861.
HOUSE
JOURNAL
of the
OF REPRESENTATIVES.
MONDAY MORNING, JANUARY 7, 1861.
At a meeting of the General Assembly of the State of Tennes-
see, begun and held at Nashville, on Monday, the seventh day of
January, one thousand eight hundred and sixty-one, in pursuance
of the Proclamation of his Excellency, Isham G. Harris, Gover-
nor of Tennesse, dated December 7th, 1860, being the second
session of the thirty-third General Assembly of the State.
On which day, being that determined upon by the proclama-
tion of the Governor for the meeting of the General Assembly,
Hon. W. C. Whitthorne, Speaker, Fred. S. DeWolfe, Principal
Clerk, John E. Helms and John A. Campbell, first and second
Assistant Clerks, and the following members, appeared and took
their seats:
Messrs. Armstrong, Baker of Perry, Baker of Weakley, Barks-
dale, Bayless, Beatty, Bicknell, Bledsoe, Brazelton, Britton, Butler,
Caldwell, Cheatham, Cowden, Critz, Davidson, Davis, Doak, Dud-
ley, East, Ewing, Farley, Farrelly, Ford, Frazier, Gillespie, Gor-
man, Green, Guy, Harris, Havron, Hebb, Hurt, Ingram, Johnson,
Kenner, Kennedy, Kincaid of Anderson, Kincaid of Claiborne,
Lea, Lockhart, Martin, Mayfield, McCabe, Morphis, Nail, Nor-
man, Pickett, Porter, Richardson, Roberts, Russell, Senter, Shrews-
bury, Smith, Sowell, Trevitt, Trewhitt, Vaughn, White of Da-
vidson, White of Dixon, Whitmore, Williams of Franklin, Williams
of Hickman, Wisener, Woods, and Woodard.
The following members failed to respond to the call:
Messrs. Bennett, Gantt, Jones, Morris, Shied, Williams of
Knox, and Williamson.
When Mr. Lea's name was called, he announced to the House
that he had removed from the county of Haywood to the city of
Memphis, since the last adjournment, and submitted the question
of his qualification to the House.
4
On motion of Mr. Cheatham,
He was unanimously declared entitled to his seat on the floor
of the House as the representative from the county of Haywood.
The House was opend with prayer by Rev. L. D. Huston.
The following message was received from the Senate :
Mr. Speaker:
I am directed by the Senate to inform the House of Represen-
tatives that the Senate has assembled in accordance with the Gov-
ernoifs proclamation, and is ready for the transaction of public
business.
On motion, a similar message from the House was transmitted
to the Senate.
On motion of Mr. Brazelton,
A committee of five was appointed to act in conjunction with a
committee from <he Senate, to inform the Governor that both
Houses of the General Assembly were organized and ready to
receive any message from him.
The Speaker appointed Messrs. Martin, Porter, Dudley, Far-
relly, and Williams of Hickman.
The following message was received from the Senate:
Mr. Speaker :
I am directed to inform the House of Representatives that the
Speaker has appointed Messrs. Richardson, Payne, and Bumpasa
a committee to act in conjunction with the House committee, to
wait upon the Governor, and inform him that both Houses of the
General Assembly were organized, and await any communication
he may have to make.
A message was received from the Governor, through Mr. Ray,
Secretary of State, which was read at the Clerk's desk, as follows:
Crentlemen of the Senate,
and Home of Representatives :
The ninth section of the third article of the Constitution, pro-
vides that, on extraordinary occasions, the Governor may con-
vene the General Assembly. Believing the emergency contem-
plated, to exist at this time, I have called you together. In wel-
coming you to the capitol of the State, I can but regret the
gloomy auspices under which we meet. Grave and momentous
issues have arisen, which, to an unprecedented degree, agitate
the public mind and imperil the perpetuity of the Government.
The systematic, wanton, and long continued agitation of the
slavery question, with the actual and threatened aggressions of
the Northern States and a portion of their people, upon the well-
defined constitutional rights of the Southern citizen ; the rapid
growth and increase, in all the elements of power, of a purely
5
sectional party, whose bond of union is uncompromising hostility
to the rights and institutions of the fifteen Southern States, have
produced a crisis in the affairs of the country, unparalleled in the
history of the past, resulting already in the withdrawal from the
Confederacy oi one of the sovereignties which composed it, while
others are rapidly preparing to move in the same direction. Fully
appreciating the importance of the duties which devolve upon you,
fraught, as your action must be, with consequences of the highest
possible importance to the people of Tennessee; knowing that,
as a great Commonwealth, our own beloved State is alike inter-
ested with her sisters, who have resorted, and are preparing to re-
sort, to this fearful alternative, I have called you together for the
purpose of calm and dispassionate deliberation, earnestly trusting,
as the chosen representatives of a free and enlightened people,
that you will, at this critical juncture of our affairs, prove your-
selves equal to the occasion which has called for the exercise of
your talent andlpatriotism.
A brief review of the history of the past is necessary to a pro-
per understanding of the issues presented for your consideration.
Previous to the adoption of the Federal Constitulion, each State
^vas a separate and independent Government—a complete eove-
reignty within itself—and in the compact of union, each reserved
all the rights and powers incident to sovereignty, except such as
were expressly delegated by the Constitution to the General Gov-
ernment, or such as were clearly incident, and necessary, to the ex-
ercise of some expressly delegated power.
The Constitution distinctly recognises property in slaves—makes
it the duty of the States to deliver the fugitive to his owner, but
contains no grant of power to the Federal Government to inter-
fere with this species of property, except "the power coupled
with the duty," common to all civil Governments, to protect the
rights of property, as well as those of life and liberty, of the citi-
zen, which clearly appears from the exposition given to that in-
strument by the Supreme Court of the United States in the case
of Dred Scott vs. Sandford. In delivering the opinion of the
Court, Chief Justice Taney said:
" Now, as we have already said in an earlier part of this opin-
ion, upon a different point, the right of property in a slave is dis-
tinctly and expressly affirmed in the Constitution."
" And no word can be found in the Constitution which gives Con-
gress a greater power over slave property, or which entitles pro-
perty of that kind to less protection than property of any other de-
scription. The only power conferred, is the power coupled with the
duty, of guarding and protecting the owner in his rights
This decision of the highest judicial tribunal, known to our
Government, settles the question, beyond the possibility of
doubt, that slave property rests upon the same basis, and is en-
titled to the same protection, as every other description of pro-
6
pei ty, that the General Government has no power to circum-
scribe or confine it within any given boundary; to determine
where it shall, or shall not exist, or in any manner to impair its
value. And certainly it will not be contended, in this enlightened
age, that any member of the Confederacy can exercise higher
powers, in this respect, beyond the limits of its own boundary,
than those delegated to the General Government.
The States entered the Union upon terms of perfect political
equality, each delegating certain powers to the General Government,
but neither delegating any power to the other to interfere with its
reserved rights or domestic affairs ; hence, there is no power on
earth which can rightfully determine whether slavery shall or shall
not exist within the limits of any State, except the people thereof
acting in their highest sovereign capacity.
The attempt of the Northern people, through the instrumentality
of the Federal Government—their State governments, and emigrant
aid societies- -to confine this species of property within the limits of
the present Southern Sates—to impair its value by constant agitation
and refusal to deliver up the fugitive—to appropriate the "whole of
the Territories, which are the common property of all the people of
all the States, to themselves; by excluding therefrom every Southern
man who is unwilling to live under a government which may by law
recognize the free negro as his equal; " and in fine, to put the
question where the Northern mind will rest in the belief of its
ultimate extinction," is justly regarded by the people of the South-
ern States as a gross and palpable violation of the spirit and obvious
meaning of the compact of Union—an impertinent intermeddling with
their domestic affairs, destructive of fraternal feeling, ordinary
comity, and well defined rights.
As slavery receded from* the North, it was followed by the
most violent and fanatical opposition. At first the anti-slavery
cloud, which now overshadows the nation, was no larger than a man's
hand. Most of you can remember, with vivid distinctness, those
days of brotherhood, when throughout the whole North, the aboli-
tionist was justly regarded as an enemy of his country. Weak,
diminutive and contemptible as was this party in the purer days of
the Republic, it has now grown to colossal proportions, and its recent
rapid strides to power, have given it possession of the present House
fo Representatives, and elected one of its leaders to the Presidency
of the United States; and in the progress of events, the Senate and
Supreme Court must also soon pass into the hands of this party—
a party upon-wThose revolutionary banner is inscribed, " No more
slave States, no more slave Territory, no return of the fugitive to
his master"—an "irrepressible conflict" between the Free and Slave
States ; " and whether it be long or short, peaceful or bloody, the
struggle shall go on, until the sun shall not rise upon a master or set
upon a slave."
Nor is this all; it seeks to appropriate to itself, and to exclude
7
the slavenuider from the territory acquired by the common blood
and treasure of all the States.
It has, through the instrumentality of Emigrant Aid Societies,
under State patronage, flooded the Territories with its minions,armed
with Sharp's rifles and bowie knives, seeking thus to accomplish, by
intimidation, violence and murder, what it could not do by constitu-
tional legislation.
It demanded, and from our love of peace and devotion to the
Union, unfortunately extorted in 1819—'20, a concession which exclu-
ded the South from about half the territory acquired from France.
It demanded, and again received, as a peace offering in 1845, all
of that part of Texas, North of 36° 30' North latitude, if at any
time the interest of the people thereof shall require a division of
her territory.
It would submit to nothing less than a compromise in 1850, by
which it dismembered that State, and remanded a territorial condi-
tion a considerable portion of its territory South of 36 30.
It excluded, by the same Compromise, the Southern people
from California, whose mineral wealth, fertility of soil, and
salubrity of climate, is not surpassed on earth; by prema-
turely forcing her into the Union under a Constitution, con-
ceived in fraud by a set of adventurers, in the total absence of
any law authorizing the formation of a Constitution, fixing the
qualification of voters, regulating the time, place, or manner of
electing delegates, or the time or place of the meeting of such
Convention. Yet all these irregular and unauthorized proceedings
were sanctified by the fact that the Constitution prohibited slavery,
and forever closed the doors of that rich and desirable territory
against the Southern people. And while the Southern mind was still
burning under a humiliating sense of this wrong, it refused to
admit Kansas into the Union upon a Constitution, framed by
authority of Congress, and by delegates elected in conformity to
law, upon the ground that slavery was recognized and pro-
tected.
It claims the constitutional right to abolish slavery in the Dis-
trict of Columbia, the forts, arsenals, dock-yards and other places
ceded to the United States, within the limits of slaveholding
States.
It proposes a prohibition of the slave trade between the States,
thereby crowding the slaves together and preventing their exit
South, until they become unprofitable to an extent that will force
the owner finally to abandon them in self-defence.
It has, by the deliberate Legislative enactment of a large ma-
jority of the Northern States, openly and flagrantly nullified that
clause of the Constitution which provides that—
"No person held to service or labor in one State under the laws
thereof, escaping into another, shall, in consequence of any law
or regulation therein, be discharged from such service or labor,
8
but shall be delivered up on claim of the party to whom such ser-
vice or labor may be due."
This provision of the Constitution has been spurned and tram-
pled under foot by these "higher law" nullifiers. It is utterly
powerless for good, since all attempts to enforce the Fugitive
Slave Law under it, are made a felony in some of these States, a
high misdemeanor in others, and punishable in all by heavy fines
and imprisonment. The distempered public opinion of these local-
Ities having risen above the Constitution and all other law, plant-
ing itself upon the anarchical doctrines of the " higher law," with
impunity defies the Government, tramples upon our rights, and
plunders the Southern citizen.
It has, through the Governor of Ohio, as openly nullified that
part of the Constitution which provides that—
"A person chasrged in any State with treason, felony or other
crime, who shall flee from justice and be found in another State,
shall, on demand of the executive authority of the State from
which he fled, be delivered up, to be removed to the State having
jurisdiction of the crime."
In discharge of official duty, I had occasion, within the past
year, to demand of the Governor of Ohio, " a person charged in
the State (of Tennessee) with the crime " of slave stealing, who had
fled from justice and was found in the State of Ohio. The Gov-
ernor refused to issue his warrant for the arrest and delivery of
the fugitive, and in answer to a letter of inquiry which I addressed
to him, said: " The crime of negro stealing, not being known to
either the common law or the criminal code of Ohio, it is not of
t at class of crimes contemplated by the Federal Constitution,
for the commission of which I am authorized, as the executive of
Ohio, to surrender a fugitive from the justice of a sister State,
and hence I declined to issue a warrant," &c; thus deliberately
nullifying and setting at defiance the clause of the Constitution
above quoted, as well as the act of Congress of February 12th,
1793, and grossly violating the ordinary comity existing between
separate and indeepndent nations, much less the comity which
should exist between sister States of the same great Confedera-
cy, the correspondence connected with which is herewith trans-
mitted.
It has, through the executive authority of other States, denied
extradition of murderers and marauders.
It obtained its own compromise in the Constitution to continue
the importation of slaves, and now sets up a law, higher than the
Constitution, to destroy this property imported and sold to us by
their fathers.
It has caused the murder of owners in pursuit of their fugitive
slaves, and shielded the murderers from punishment.
It has, upon many occasions, sent its emissaries into the South-
9
era States to corrupt our slaves; induce them to run off, or excite
them to insurrection.
It has ran off slave property by means of the "under-ground
railroad," amounting in value to millions of dollars, and thus made
the tenure by which slaves are held in the border States so preca-
rious as to materially impair their value.
It has, by its John Brown and Montgomery raids, invaded sov-
ereign States and murdered peaceable citizens.
It has justified and -'exalted to the highest honors of admira-
tion, the horrid murders, arsons, and rapine of the John Brown
raid, and has canonized the felons as saints and martyrs."
It has burned the towns, poisoned the cattle, and conspired with
the slaves to depopulate Northern Texas.
It has, through certain leaders, proclaimed to the slaves the ter-
rible motto, " Alarm to the sleep, fire to the dwellings, poison to
the food and water of slaveholders."
It has repudiated and denounced the decision of the Supreme
Court.
It has assailed our rights as guarantied by the plainest provis-
ions of the Constitution, from the floor of each house of Congress,
the pulpit, the hustings, the school room, their State Legislatures,
and through tne public press, dividing and disrupting churches,
political parties, and civil governments.
It has, in the person of the President elect, asserted the equality
of the black with the white race.
These are some of the wrongs against which we have remon-
strated for more than a quarter of a century, hoping, but in vain,
for their redress, until some of our sister States, in utter despair
of obtaining justice at the hands of these lawless confederates,
have resolved to sever the ties which have bound them together,
and maintain those rights out of the Union, which have been the
Object of constant attack and encroachment within it.
No one will assert that the Southern States or people have, at
any time, failed to perform, fully and in good faith, all of the du-
ties which the Constitution devolves upon them.
Nor will it be pretended that they have, at any time, encroached
or attempted aggression upon the rights of a Northern sister
State. The Government was for many years under the control
of Southern Statesmen, but in originating and perfecting meas-
ures of policy, be it said to the perpetual honor of the South, fcbe
has never attempted to encroach upon a single constitutional right
of the North. The journals of Congress will not show even the-
introduction of a single proposition, by any Southern Representa-
tive, calculated to impair her rights in property, injure her trade,
or wound her sensibilities. Nor have they at any time demanded
at the hands of the Federal Government, or Northern States*
more than their well defined rights under the Constitution. So
10
far from it, they have tolerated th'ese wrongs, from a feeling ot
loyalty and devotion- to the Union, with a degree of patience and
forbearance unparalelled in the history of a brave and free people.
Moreover, they have quietly submitted to a revenue system which
indirectly, but certainly, taxes the products ol slave labor some
fifty or sixty millions of dollars annually, to increase the manu-
facturing profits of those who have thus persistently and wickedly
assailed them.
To evade the issue thus forced upon lis at this time, without the
fullest security for our rights, is, in my opinion, fatal to the insti-
tution of slavery forever. The time has arrived when the people
of the South must prepare either to abandon or to fortify and
maintain it. Abandon it, we cannot, interwoven as it is with our
wealth, prosperity and domestic happiness. We owe it to the
mechanic whose shop is closed, to the multiplied thousands of
laborers thrown out of employment, to the trader made bankrupt
by this agitation. We owe it to ourselves, our children, our self-
respect and equality in the Government, to have this question
settled permanently and forever upon terms consistent with jus-
tice and honor, and which will give us peace and perfect security
for the present and the future.
Palliatives and opiates, in the character of legislative cotnpro-
mises, may be applied, affording momentary relief; but there will
be no permanent safety, security, or peace, until Northern preju-
dice has been eradicated, and the public sentiment of that section
radically changed and nationalized. To attempt the application
of effective remedies before this great object has been actom-
plished, is like cleansing the stream while the fountain itself is
poisoned.
The consequences and immense interests which are involved in
the proper solution of the difficulties that surround us, the deep,
lasting and vital importance of settling them upon principles of
justice and equality, demand the most serious consideration of
the whole people. a3 well as that of the public functionaries of
the State. Whilst I cheerfully submit to your discretion the whole
question of our federal relations, having no doubt myself as
to the necessity and propriety of calling a State Convention, yet
I respectiully recommend that you provide by law for submitting
to the people of the Stale, the question of Convention, or No Con-
ventio?i, and also for the election of delegates by the people, in
the' ratio of legislative representation, to meet in State Conven-
• tion, at the Capitol, at Nashville, at the earliest day practicable,
to take into consideration oiir federal relations, and determine
what action shall be taken by the State of Tennessee for the
security of the rights and the peace of her citizens.
The question of Convention or No Convention, can and should
be determined and the delegates chosen at the same election,
vwhieh can be very easily accomplished by heading one set of tick-
11
ets Convention, and another set No Convention. If a majority of
the people vote for Convention, then the persons receiving: the
largest number of votes in their respective counties and districts,
to be commissioned as delegates.
This will place the whole matter in the hands of the people,
for them, in their sovereignly, to determine how far their rights
have been violated, the character of redress or guaranty they will
demand, or the action they will take for their present and luture
security.
If there be a remedy fdf the evils which afflict the country,
consistent with the perpetuity of the Union, it will, in my opin-
ion, be found in such constitutional amendments as will deprive
the fanatical majorities of the North of the power to invade our
rights or impair the security or value of our property.
Clear and well defined as our rights are, under the present
Constitution, to participate equally with the citizens of all other
States iri the settlement of the common Territories, and to hold
our slaves there until excluded by the formation of a State Con-
stitution, yet every organized Territory will become a field of
angry, if not bloody, strife between the Southern man and the
Abolitionist, and we shall see the tragedies of Kansas re-enacted
in each of them, as they approach the period of forming their
State Constitutions.
Plain and unmistakable as is the duty of each State, to deliver
up the fugitive slave to his oVvner, yet the attempt to reclaim, is
at the peril of the master's life.
These evils can be obviated to a great extent, if not entirely,
by the following amendments to the Constitution :
1st. Establish a line upon the Northern boundary of the pres-
ent Slave States, and extend it through the Territories to the
Pacific Ocean, upon such parallel of latitude as will divide them
equitably between the Nortfy and South, expressly providing that
all the territory now owned, or that may be hereafter acquired
North of that line, shall be forever free, and all South of it,
forever slave. This will remove the question of existence or non-
existence of slavery in our States and Territories entirely and for-
ever from the arena of politics. The question being settled by the
Constitution, is no longer open for the politician to ride into position
by appealing to fanatical prejudices, or assailing the rights of his
neighbors.
2d. In addition to the fugitive slave clause provide, that
when a slave has been demanded of the Executive authority of
the State to which he has fled, if he is not delivered, and the
owner permitted to carry him out of the State in peace, that the
State so failing to deliver, shall pay to the owner double the value
of such slave, and secure his right of action in the Supreme Court
of the United States. This will secure the return of the slave to
12
his owner, or his value, with a sufficient sum to indemnify him for
the expenses necessarily incident to the recovery.
3d. Provide for the protection of the owner in the peaceable
possession of his slave while in transitu, or temporarily sojourn-
ing in any of the States of the Confederacy ; and in the event of
the slave's escape or being taken from the owner, require the State
to return, or account for him as in case of the fugitive.
4th. Expressly prohibit Congress from abolishing slavery in the
District of Columbia, in any dock yard, navy yard, arsenal, or
district of any character whatever, within the limits of any slave
State.
5th. That these provisions shall never be changed, except by
the consent of all the slave States.
With these amendments to the Constitution, I should feel that
our rights were reasonably secure, not only in theory, but in fact,
and should indulge the hope of living in the Union in peace.
Without these, or some other amendments, which promise an
equal amount and certainty of security, there is no hope of peace
or security in the government.
If the non-slaveholding States refuse to comply with a demand, so
just and reasonable ; refuse to abandon at once and forever their
unjust war upon us, our institutions and our rights; refuse, as they
have heretofore done, to perfonp, in good faith, the obligations of
the compact of union, much as we may appreciate the power,
prosperity, greatness, and glory of this government; deeply as
we deplore the existence of causes which have already driven one
State from the Union; much as we may regret the imperative
necessity which they have wantonly and wickedly forced upon us,
every consideration of self-preservation and self-respect require
that we should assert and maintain our " equality in the Union,
or independence out of it."
In my opinion, the only mode left us of perpetuating the Union
upon the principles of justice and equality, upon which it was ori-
ginally established, is by the Southern States, identified as they
are, in interest, sentiment and feeling, and must, in the natural
course of events, share a common destiny, uniting in the expres-
sion of a fixed and unalterable resolve, that the rights guaranteed
by the Constitution must be respected, and fully and perfectly
secured in the present Government, or asserted and maintained in
a homogenous Confederacy of Southern States.
Mere questions of policy may be very often properly compro-
mised, but there can be no compromise of cardinal and vital prin-
ciples; no compromise between right and wrong. Principle must be
vindicated, and right triumphant, be the consequences what they
may. To compromise the one, or abandon the other, is not only
unmanly and humiliating in the extreme, but always disastrous in
its final results.
13
The South has no power to re-unite the scattered fragments of a
violated Constitution and a once glorious government. She is
acting on the defensive. She has been driven to the wall, and
can submit to no further aggression. The North, however, can
restore the Constitutional Union of our fathers, by undoing their
work of alienation and hate, engendered by thirty years of con-
stant aggression, and by unlearning the lessons of malignant hos-
tility to the South and her institutions, with which their press,
pulpit and schools have persistently infected the public mind.
Let them do this, and peace will again establish her court in
the midst of this once happy country, and the union of these
States be restored to that spirit of fraternity, equality and justice,
which gave it birth.
Let them do this, and the vitality which has been crushed out
of the Constitution may be restored, giving renewed strength and
vigor to the body politic.
But can we hope for such results? Two months have already
passed, since the development of facts which make the perpetuity
of the Union depend, alone, upon their giving to the South satis-
factory guarantees for her chartered rights. Yet, there has been
no proposition at all satisfactory, made by any member of
the dominant and aggressive party of that section. So far from
it, their Senators and Representatives in Congress, have voted down
and spurned every proposition that looked to the accomplishment of
this object, no matter whence emanating; and the fact, that their
constituents have, in no authoritative manner, issued words of
rebuke or warning to them, must be taken as conclusive proof of
their acquiescence in the policy.
In view of these facts, I cannot close my eyes to the conclusion,
that Tennessee will be powerless in any efforts she may make to
quell the storm that pervades the country. The work of
alienation and disruption has gone so far, that it will be extremely
difficult, if not impossible, to arrest it; and before your adjourn-
»nent, in all human probability, the only practical question for the
State to determine, will be whether she will unite her fortunes with
a Northern or Southern Confederacy; upon which question, when
presented, I am certain there can be little or no division in senti-
ment, identified as we are in every respect with the South.
If this calamity shall befall the country, the South will have the
consolation of knowing that she is in no manner responsible for
the disaster. The responsibility rests alone upon the Northern
people, who have wilfully broken the bond of Union, repudiated
the obligations and duties which it imposes, and only cling to its
benefits. Yet even in this dark hour of responsibility and peril
let no man countenance the idea for a moment, that the dissolu-
tion of the Federal Union reduces the country to anarchy, or
proves the theory of self-government to be a failure. Such con-
elusions would be not only erroneous but unworthy of ourselves
14
and our revolutionary ancestry while our State governments exist
possessing all the machinery, perfect and complete, which is ne-
cessary to the purposes of civil government, just as they existed
before the Union was formed.
The sages and patriots of the revolution, when in the act of
severing their connection with the mother country, and establishing
the great cardinal principles of free government, solemnly declared
that governments were instituted among men to secure their rights
"to life, liberty, and the pursuit of happiness ; " deriving their just
powers from the consent of the governed ; that whenever any form
of government becomes destructive of these ends, it is the right
of the people to alter or abolish it, and to institute new govern-
ment, laying its foundations on such principles, and organizing its
powers in such form, as to them shall seem most likely to effect
their safety and happiness. # # -# # when
a long train of abuses and usurpations, pursuing invariably the
same object, evinces a design to reduce them under absolute des-
potism, it is their right, it is their duty, to throw off such govern-
ment, and to provide new guards for their future security."
Recognising these great principles, the people of Tennessee
incorporated in their declaration of rights, as a fundamental ar-
tide of the Constitution of the State, " That government being
instituted for the common benefit, the doctrine of non-resistance
against arbitrary power and oppression is absurd, slavish, and de-
structive of the good and happiness of mankind."
Whatever line of policy may be adopted by the people of Ten-
nessee, with regard to the present Federal relations of the State,
] am sure that the swords of her brave and gallant sons will
never be drawn for the purpose of coercing, subjugating, or hold-
ing as a conquered province, any one of her sister States, whose
people may declare their independence of the Federal Govern-
ment, for the purpose of being relieved from " a long train of
abuses and usurpations." To admit the right or policy of coer-
cion, would be untrue to the example of our fathers and the glo-
rious memories of the past, destructive of those great and funda-
mental principles of civil liberty, purchased with their blood; de-
structive of State sovereignty and equality ; tending to centrali-
zation, and thus subject the rights of the minority to the despot-
ism of an unrestrained majority.
Widely as we may differ with some of our sister Southern
States as to the wisdom of their policy; desirous as we may be
that whatever action taken in this emergency, should be taken by
the South as a unit; hopeful as we may be of finding some mer-
edy for our grievances consistent with the perpetuity of the pres-
ent Confederacy, the question, at last, is one which each member
of that Confederacy must determine for itself, and any attempt
upon the part of the others to hold, by means of a military force,
an unwilling sovereignty as a member of a common Union, must
15
inevitably lead to the worst form of internecine war, and if sue-
cessful, result in the establishment of a new and totally different
Government from the one established by the Constitution—the
Constitutional Union being a Union of consent and not of force,
of peace, and not of blood—-composed of sovereignties, free, and
politically equal. But the new and coercive Government, while
it would (i derive its powers" to govern a portion of the States
"from the consent of the governed," would derive the power by
which it governed the remainder, from the cannon and the sword,
and not from their consent—a Union, not of equals, but of the
victors and the vanquished, pinned together by the bayonet and
congealed in blood.
I devoutly trust that a merciful Providence may avert such a
calamity, and believe that there is no respectable portion of our
people, whatever may be their differences of opinion upon other
questions, who are so blind to reason, or so lost to patriotism arid
every sentiment of civil liberty, as to give countenance to a pol-
icy so fatal in its results, and so revolting to every sentiment of
humanity.
While I sincerely trust that Tennessee may nfever be driven to
the desperate alternative of appealing to arms in defence of the
rights of her people, I nevertheless deem it proper, in view of the
present excited state of the public mind and unsettled condition
of the country, to call your attention to the fact that, with the ex-
ception of a small number of volunteer companies, we have no
military organization in the State, the militia having disorganized
immediately after the repeal of the law which required drills and
pubiic parades. Independent of the impending crisis, I regard a
thorough re-organization of the militia as imperatively demanded
by every consideration of prudence and safety. I therefore sub-
mit the question to your consideration, with the earnest hope that
you will adopt such plan of organization as will secure to the
State at all times, and under all circumstances, an efficient and
reliable military force.
I am unable, in the absence of full reports from the clerks of
the several counties, to inform you as to the military strength of
the State. Such reports as have been made to this department
shall be laid before you. I do not doubt, however, that the mili-
tary strength of the State may be safely estimated at one hundred
and twenty thousand men.
It is proper, in this connection, that I call your attention to the
report of John Heriges, Keeper of Public Arms, herewith trans-
mitted, showing the number, character and condition of the pub-
lie arms of the State, and respectfully recommend that you pro-
vide for the purchase of such number and character of arms, for
the use of the State, as may be necessary 10 thoroughly arm an
efficient military force.
I regret that I cannot close this communication with the forego-
16
ing recital of facts pertaining to the all-important political crisis
of the day,
But a comparative failure of crops for two successive years,
with the destruction of commercial confidence, resulting in the
suspension of commercial transactions, general stagnation of
trade and financial embarrassment which pervade the whole
country, with its ever attendant evil of general pecuniary distress
at the beginning of which many of the banks in the State sus
pended specie payment, thereby incurring the penalties prescribed
by the banking code of the last session.
It is assorted, and 1 suppose truly, that the condition of the
banks was such as not to make suspension necessary on their own
account; that by the adoption of a purely selfish policy, they
could have weathered the storm and sustained themselves, but to
have done so they must have cut off all discounts and enforced
the collection of their debts from the people, which would have
increased the general distress. It is also urged with great ear-
nestness, by a very large number of the people, that you should
pas3 laws for relief, rnd in order to enable the banks to
afford the greate&t possible assistance to the people until another
crop can be made, that the penalties incurred by the suspension
of the banks should be released.
While I am confident in the opinion that the suspension of
specie payment by the banks is wrong in principle and tends to
depreciate the currency and unsettle the standard of value, I am
equally confident that the policy of relief laws, to which this gen-
eral pecuniary distress has driven the public mind, is, to say the
least of it, of doubtful policy, and generally injurious in their
ultimate effects upon the community. The idea of freeing a
people from pecuniary distress by legislation is, to my mind, an
impossibility. Yet so universal is the anxiety expressed, and so
confident the hope of relief from the adoption of the policy sug-
gested, that while I cannot concur in the truth of the argument, or
recommend the adoption of the policy, I do not feel at liberty ob-
stinately to stand between the people of the State and their chosen
Representatives to prevent the adoption of such legislation con-
nected with these questions as they may think will promote their
interest and general welfare.
I therefore submit to your consideration these'questions for such
action as you in your discretion may see proper to take with re-
gard to them.
I am aware that there are many questions of a general charac-
ter with regard to which the constituents of many of you desire
legislation, but having convened you in extraordinary session,
upon what I conceived to be an extraordinary occasion in the his-
tory of the country, and feeling the necessity of prompt and imme-
diate action upon the absorbing questions connected with the
political crisis of the day, I have intentionally avoided submitting
IT
any others than those to which I have especially called atten-
tion, trusting that no material interest will suffer by being
postponed until the next regular session of the General Assembly.
With the earnest hope that your session may be short and
agreeable, and devoutly trusting that an All Wise Providence
may watch over your deliberations and guide and direct you in
the adopfion of such measures as will redound to the general wel-
fare, peace, prosperity, and glory of our State and country, the
questions, fraught as they are with weighty responsibilities and
fearfully important consequences, are respectfully committed to
your hands.
ISHAM G. HARRIS.
The following is the Correspondence between the Governors of Ten--
nessee and Ohio, alluded to by Gov. Harris, in his Message .*
gov. harris to gov. dennison.
Executive Department,
Nashville, Tenn., May 26, I860.-
His Excellency, W. Deninson,
Governor of the State of Ohio:
Sir: There was issued from this Department on the 17th inst.,
a requisition demanding of your Excellency, as fugitives from jus*
tice from this State Stephen G. Kennedy and Mary AnnC. Hatch,
alias Mary Ann C. Calhoun, charged with the crime of negro
.stealing, which is a felony under the statute laws of Tennessee.
I am informed by James H. Swan, the agent appointed by me
to receive the fugitives, that your Excellency refused to cause said
fugitives to be arrested and delivered to him.
Upon examination of the record in this Department, I am una-
ble to discover any defect in the requisition, and deem it due to
the aggrieved party, who is a citizen of this State, to ask your
Excellency to point out such defect as in your opinion vitiates the
requisition, so that in future I may understand the practice of the
State of Ohio under the Act of Congress of February 12thy 1793,
respecting the surrender of fugitives from justice.
Very respectfully,
ISHAM G, HARRIS*
2 H
18
gov. dennison to gov. harris.
State of Ohio, Executive Department,
Columbus, June 2, 1860.
His Excellency, Isham G. Harris,
Governor of the State of Tennessee :
b
Sir : I have the honor to acknowledge the receipt of your letter
of the 26th ultimo.
In reply, I beg to say that the crime of negro stealing, not being
known to either the Common Law or the Criminal Code of this
State, is not of that class of crimes contemplated by the Federal
Constitution, for the commission of which, I am authorized, as the
Executive of this State, to surrender a fugitive from the justice of
a sister State; and hence I declined to issue a warrant upon the
requisition of your Excellency for the extradition of Stephen G.
Kennedy and Mary Ann Hatch, alias Mary Ann C. Calhoun,
charged with that offence, which you advise is a felony under the
statute laws of Tennessee,
Upon the second requisition for the same parties, charged with
the crime of Grand Larceny, in having stolen certain jewelry, I
had the pleasure of issuing a warrant on Thursday last.
Very respectfully, yours, &c.,
W. DENNISON.
gov. harris to gov. dennison.
Executive Department,
Nashville, Tennessee, June 12th, 1860.
. His Excellency, W. Dennison,
Governor of the State of Ohio :
Sir : I have the honor to acknowledge the receipt of your Excel-
lency's communication of the 2d insf., in answer to which 1 must
be permitted to express my profound astonishment, as well as my
sincere regret, that the principles announced by it, should have
been adopted and avowed by the Executive of a sister State, who,
from his elevated and responsible position, is supposed to reflect,
not merely the sentiments of an individual, but the calm and dis-
, passionate judgment of a great Commonwealth.
Your Excellency says: " the crime of negro stealing not being
19
known to either the Common Law or Criminal Code of this State,
Ohio) it is not of that class ot crimes contemplated by the Federal
Constitution, lor the commission of which, I am authorised, as the
Executive of this State, to surrender a fugitive from the justice of
a sister State ; and hence I declined to issue a warrant upon the
requisition of your Excellency for the extradition of Stephen G.
Kennedy and Mary Ann C. Hatch, alias, Mary Ann C. Calhoun,
charged with that offence."
The principle asserted by your Excellency in the above para-
graph is, that as the offence with which the fugitives are charged
is not a crime under the laws of Ohio, the duty of surrendering
them upon the demand of the Executive of Tennessee does not
devolve upon you as the Executive of Ohio, howe er highly crim-
inal the offence may be under the laws of Tennessee, where it
was committed.
Your Excellency must permit me to say, that this decision effec-
tually nullifies the second clause of the second section of the fourth
article of the Federal Constitution, as well as the act of Congress
of February 12th, 1793. The clause of the Constitution referred
to, provides that: " A person charged in any State with treason,
felony, or other crime, who shall flee from justice, and be found
in another State, shall, on demand of the Executive authority of
the State from which he fled, be delivered up, to be removed to
the State having jurisdiction of the crime." And the act of Con-
gress passed for the express purpose of carrying into effect this
provision of the Constitution, provides : " That whenever the Ex-
ecutive authority of any State in the Union, or either of the Ter-
ritories," * # # # "shall demand any person as
a fugitive from justice of the Executive authority of any such
State or Territory to which such person shall have fled, and shall
moreover produce the copy of an indictment found, or an affidavit
made before a magistrate of any State or Territory as aforesaid,
charging the person so demanded with having committed treason,
felony or other crime, certified as authentic by the Governor or
Chief Magistrate of the State or Territory from which the person
shall have fled, it shall be the duty of the Executive authority of
the State or Territory to which such person shall have fled, to
cause him or her to be arrested and secured, and notice of the
arrest to be given to the Executive authority making the demand,
or to the agent of such authority appointed to receive the fugitive,
and cause the fugitive to be delivered up to such agent when he
shall ppear."
From the above extracts, does it not appear too clearly to admit
of argument, doubts or cavil, that the constitutional duty of " deliv-
ering up" a fugitive, must depend alone upon the criminality of the
offence charged under the laws of the State where it was commit-
ted? In my judgment, it is impossible for an unprejudiced mind,
to arrive at a different conclusion.
20
Kennedy and Hatch were "charged with crime," (the crime of
negro stealing) "in the State" of Tennessee, by "an affidavit
made before a magistrate of that State," which was certified as
authentic by the Governor of the State. " They fled from justice,"
" and were found in another State," (the State of Ohio) They
were "demanded by the Executive authority of the State from
which they fled," and the agent appointed by the Executive of
Tennessee to receive the fugitives appeared at the Capitol of
Ohio for that purpose.
But instead of obeying the plain letter and spirit of the Consti-
tution and the act of Congress referred to, " by delivering them
to be removed to the State (of Tennessee) having jurisdiction of
the crime," your Excellency refuses to do so upon the ground that
negro stealing, not being a crime under the laws of your State,
you assume that it cannot or shall not be a crime in any other
State, or at all events, you will not recognize it as such, as in your
opinion "it is not of that class of crime contemplated by the
Federal Constitution, for the commission of which you are author-
ized to surrender a fugitive."
1 cannot imagine the authority upon which your Excellency
undertakes to distinguish between classes of crime, or determine
upon any class of crime which is not "contemplated by the Con-
stitution," since neither the Constitution nor the act of Congress
for the rendition of fugitives from justice make any such distinc-
tion, nor do they undertake to determine what shall constitute
crime; the language employed in the Constitution being: " A per-
son charged in any State with treason, felony, or other crime" &c.,
was most clearly intended to, and does apply to every description
of crime, and was adopted for no other purpose than that of secu-
ring a remedy, plain, full and adequate to all the States of the
confederacy, by which they might recapture such fugitives as had
violated their respective criminal laws. Hence, every act that is
criminal under the laws of the State where it is committed, is
clearly "of that class of crime contemplated by the Federal Con-
stitution."
Your Excellency will not, I am sure, controvert the fact that
each of the sovereign States of this Union has the right to deter-
mine for itself what shall and what shall not be criminal within
the limits of its jurisdiction.
In the exercise of this right, Tennessee has, by statute, made
negro stealing a high crime, while Ohio, in the exercise of the
same right, has seen proper to regard the act of stealing a negro
within the limits of her jurisdiction, as perfectly innocent; yet,
neither has the right, directly or indirectly, to interfere with the
local policy of the other, and the fact that negro stealing is not a
crime under the laws of Ohio, certainly confers upon the authorities
of that State no power or right to prevent its being made a crime
in other states and punished as such. The practical effect of the
21
decision of your Excellency in this case must be, if adhered to,
to make the State of Ohio a " city of refuge" for the negro thieves
of fifteen of her sister States, where they may, with impunity,
defy the violated law and offended justice of those States, and
riot in security upon the proceeds of the sales of the negroes
which they hove stolen.
Are the people of Ohio ready to assume a position so unjust,
so lawless and antagonistic to the rights atfd interests of other
States—a position that can only be maintained by nullifying and
totally disregarding the plainest provisions of the Constitution,
while we cannot even avail ourselves of the poor * privilege of
resorting to the law of retaliation, because that Constitution
which your Excellency and myself have each solemnly sworn we
would support, makes it my duty when your Excellency shall
demand " a person charged with crime in Ohio, who shall have
fled to Tennessee, to deliver him up," and the duty shall be
promptly, fully and in good faith performed, so long as I hold the
position which devolves it upon me?
1 have thus briefly alluded to some of the arguments which lie
upon the surface of this question, and which are too plain not to
be comprehended at a glance, with the hope that your Excellency
may be induced to reconsider and revise your decision ; for if the
policy declared by your Excellency is to be persisted in by those
States where the institution of slavery does not exist, your Excel-
lency cannot be insensible to the fact that it must tend rapidly to
sever the ties of fraternal feeling which should bind us together as
a people, destroy the harmony of our Federal Union, and precip-
itate a state of affairs which every christian and patriot should
deplore.
It is impossible to conceal the fact that, already much has been
done, calculated to produce alienation and distrust. Day by day
confidence is lessening in the power of mere constitutional guar-
antees to protect the rights of the citizen, or the States, because
one by one of the guarantees of the Constitution have been shaken
or totally disregarded, until it has become the imperative duty of
every patriot to rebuke rather than pander to the dangerous fanat-
icism of the times.
I have the honor to be, very respectfully, yours, &c.,
IS HAM G. HARRIS.
22
REPORT OF THE KEEPER OF THE PUBLIC ARMS, OF
TENNESSEE.
State Arsenal,
Nashville, January 4, 1861.
His Excellency, Isham G. Harris,
Governor of Tennessee:
Sir: In obedience to your order I have the honor of submitting
the following report of the number, character and condition of
the public arms of the State.
There are now on hand in the Arsenal—
4152 Flint-lock muskets in good order.
2100 " " partially damaged.
2228 " " badly damaged.
185 Percussion " in good order.
96 " rifles in good order.
54 " pistols in good order.
350 Flail's carbines, flint lock, badly damaged.
20 cavalry sabres, with damaged scabbards.
132 " " old patterns, badly damaged.
50 horse artillery sabres, in good order.
1 twelve-pound bronze gun, partially damaged.
2 six pound bronze guns, in good order.
1 six-pound iron gun, unserviceable.
And a large lot of old accoutrements mostly in bad order.
Since having charge of the arms I have issued to volunteer
companies, as per orders—
80 flint lock muskets.
664 percussioned muskets.
230 rifle muskets, Cadet.
841 percussion rifles.
228 " pistols.
170 cavalry sabres.
50 horse artillery sabres.
The above arms were issued with the necessary accoutrements,
with but small exceptions, and of them the eighty flint-lock muskets,
fifty horse artillery sabres, and fourteen cavalry sabres, have been
returned to the arsenal.
Respectfully,
JOHN HERIGES,
Keeper of Public Arms.
23
On motion of Mr. Williams of Hickman,
It was ordered that 7500 copies of the message and accompa-
nying documents be printed for the use of the House.
Mr. Barksdale introduced House Resolution No. 1, as follows:
Resolved by the G-enerul Assembly of Tennessee, That a com-
mitiee of nine be appointed by the House to act with such com-
mittee as the Senate may appoint, to which shall be'referred that
portion of the Governor's message in relation to the political con-
dition of the country.
On motion, the rules were suspended, and the resloution adopt-
ed and ordered to be transmitted to the Senate.
Mr. Martin introduced House Resolution No. 2, a3 follows:
Resolved, That that part of the Governor's message which re-
lates to the pecuniary distress of the country be referred to a joint
select committee of both Houses, to consist of one member of the
House from each Congressional District in the State, and such
number as the Senate may appoint.
Mr. Brazelton introduced House Resolution No. 3, as follows :
Be it Resolved, That a committee of five from the House, and
such number as the Senate may appoint, to consider such part of
the Governor's message as refers to the military laws.
Which resolutions, under a suspension of the rules, were
adopted, and ordered to be transmitted.
Mr. Johnson moved that when the House adjourn it stand ad-
journed until Monday morning 10 o'clock ; which motion failed.
Yeas 18
Nays 50
Representatives voting in the affirmative are:
Messrs. Baker of Perry, Barksdale, Bicknell Brazelton, Butler,
Caldwell, Cheatham, Critz, Dudley, East, Ewing, Ford, Johnson,
Pickett, Shrewsbury, Trewhitt, Whitmore, and Mr. Williams of
Franklin.
Those voting in the negative are:
Messrs. Armstrong, Baker of Weakley, Bayiess, Beatty, Bled-
soe, Britton, Cowden, Davidson, Davis, Doak, Farley, Farrelly,
Frazier, Gillespie, Gorman, Greene, Guy, Harris, Havron, llebb,
Hurt, Ingram, Kenner, Kennedy, Kincaid of Anderson, Kincaid
of Claiborne, Lea. Lockhart, Martin, Mayfield, McCabe, Morphis,
Nail, Norman, Porter, Richardson, Roberts, Russell, Senter,
Smith, Sowell, Trevitt, Vaughn, White of Davidson, White of
Dixon, Williams of Hickman, Wisener, Woods, Woodard, and
Mr. Speaker Whitthorne.
On motion of Mr Bicknell,
The House adjourned till to morrow morning 10 o'clock.
2i
TUESDAY MORNING, JANUARY 8, 1861.
The House met pursuant to adjournment.
Mr. Speaker Whitthorne in the Chair.
Prayer by the Rev. Mr. Rains.
The Journal of yesterday was read and approved.
Mr. Hebb introduced House Resolution, No 4, as follows:
Whereas, The election of a sectional President of the United
States, whose principles are avowed hostility to the institutions of
the South, an'd whose associates have proclaimed that free and
slave labor cannot exist under the same government, and that
there always shall be an irrepressible conflict between the two;
and that no more territory shall be admitted as-a State that tole-
rates slavery, although the people may desire it, thereby debar-
ring us of equal right in this Confederacy. It is with deep and
solemn sorrow that these truths are no longer to be denied ; there-
fore,
Be it resolved by the General Assembly of the State of Tennessee,
That the following resolutions be recommended to the people of
the State of Tennessee, and to our sister States in the South :
1. That the time has come when the South as one people, hav-
ing one destiny and one interest, should come together, as a unit,
for the purpose of making preparations to meet the crisis which
may occur by depriving us of our rights.
2. That we recommend to all the Southern States, that there
be a Southern Congress, which shall meet at Pluntsville, Alabama,
on the first Monday in March, 1861, and that each Congressional
District be entitled to one member of Congress, and-on the as-
sembling of the same, they shall designate some central place as
a permanent seat of Government for the South. That the Con-
stitution of the United States shall be the basis upon which the
Government shall be formed—with a Legislative and Senatorial
branch—the Senators to be elected by the States for the term of
four years; upon the assembling of a Congress, they shall elect a
President and Vice-President, who shall retain their places as
President and Vice-President until a regular election shall be held,
which shall be designated by said Congress. The President and
Vice President shall be elected for the term of four years, and
shall be forever inelligible to hold said office as President of the
same.
3. That we recommend that each State pledge itself to abide
by whatever act may be passed by the Congress, and that appro-
priation be made by each State to pay its proportional part of all
appropriations made by the said Congress/in building a National
State House, and any other buildings which may be needed.
25
4. That one of the objects of Congress shall be to raise an ar-
my and navy, such as may be deemed sufficient for the protection
of said Southern States, and for the further purpose of erecting
armories, foundries, magazines, and camp and garrison equippage,
which may be needed for said army.
5. That the sum of $ be appropriated to carry out any ap-
propriations that may be made by said Congress; the Governor
of the State is directed to draw on the Treasurer for the same,
and that our members of Congress be allowed $8 per diem, with
ihe same mileage that is now allowed members of the General
Assembly of the State of Tennessee.
6. That the said Congress send Commissioners to Washington,
to get an act passed by the Congress of the United States, to convey
forever their proportional part of the territory to the said Southern
States, to be completely under their control, the South obligating
herself to convey, the like amount of territory, to be brought in as
a State, whenever they have a population of 133,000, and con-
form in every other respect with the Constitution of the United
States.
7. That the object of forming said Confederacy is not for the
purpose of interfering with the laws of the General Government,
as long as they keep within the limits of the Constitution of the
United States, and not interfere with our rights.
8. That the Governor of Tennessee be directed to appoint im-
mediately, one Commissioner to each Southern State, with the
request that their proposition be laid before their Legislatures and
Conventions, and that said Commissioner get an expression of the
States they may be sent to, whether said Southern States will
agree to said arrangement.
Mr. Havron introduced House Resolution, No. 5, as follows:
Resolved, That 1500 copies of Washington's Farewell Address
be printed for the use of the House of Representatives.
On motion of Mr. Cheatham,
Hon. L. P Walker and Gen. T. J. Wharton, Commissioners from
the States of Alabama and Mississippi, were invited to a seat
within the Bar of the House.
Mr. Wisener introduced Resolutions, No. 6,7 and 8, as follows:
Whereas, There are difficulties and dangers existing and im-
pending, which threaten the overthrow of the Government, and
upon which it may be expected the Legislature of Tennessee
should express an opinion ; be it, therefore,
Resolved by the General Assembly oj the State of Tennessee,
That secession is unconstitutional, and a remedy for no existing
evil.
Resolved further, That nullification is equally unconstitutional,
and tends only to mischief and anarchy.
Resolved further, That the government of the United States is
adequate to the protection of all our rights, when properly ad-
26
ministered; it should, therefore, be maintained in all its vigor
within its constitutional sphere.
Resolved further, That impeachment under the Constitution
and the ballot-box are the proper and constitutional remedies
against unfaithful or incompetent public officers.
No. 7, as follows :
Resolved, That it is inexpedient, at this time, calling a Con-
vention of the State upon the plan proposed in the Governor's
message, or upon any other plan, or for any purpose whatever.
No. 8. as follows :
Resolved, That it is inexpedient to pass any law at this time to
organize or arm the militia of the State.
Mr. Vaughn introduced Resolutions No. 9, as follows:
Whereas, in hours of great political danger it becomes neces-
sary for a free people more closely to guard their rights, and to
speak forth boldly and without hesitation what they deem to be
the great cardinal doctrines underlying all Republican Govern-
ments; and whereas the right of life, liberty, and propeity are
inherent rights of man, and cannot be aliened, therefore we de-
clare that when any government ceases to protect its citizens in
the aforesaid rights, it is despotic in form and ought to be abol-
ished ; and whereas the right to alter and abolish all form of gov-
ernment remains in the people thereof; and whereas ours is a
Federal Government, formed by the mutual consent of the States,
and all powers not surrendered in the federal compact expressly,
are reserved to the several States, and among those is the power
of each distinct State to judge herself of all infractions of Ithe
federal compact, as well as the mode, measure, and time of re-
dress; therefore,
Resolved 1. That the constitutional rights of fifteen States of
this confederacy have been trodden under foot, and the Consti'u-
tion set at open defiance in those clauses that protects the citizens
of the Southern States in their rights to slave property, and that
South Carolina, as the arbiter of her own destiny, and with full
power to do so, has withdrawn herself from the confederacy,
acting under the great principle of equal and exact justice, that a
compact broken on one side is broken on all.
Resolved 2. That the government of the United States is a gov-
ernment upheld and maintained by the consent of the governed
alone, and that any other doctrine is wild theory, and destructive
of the constitutional as well as the inherent rights of American
freemen.
Resolved 3. That the representatives of the people of Tennes-
see cling with unyielding tenacity to the doctrine that free gov-
ernments are upheld by the consent of the governed, do hereby
utterly protest against the destructive doctrine of coercing a
sovereign State, or any of the people thereof, or of executing any
federal law in any State, which, under the aforesaid rights, may
27
have withdrawn herself from the Federal Government. That we
protest against the doctrine of conquering a free people, and
holding them as subjects, or their territory as a conquered
province.
Resolved 4. That our Representatives and Senators be instructed
and requested to oppose, with a purpose firmly set, all efforts,
come from what quarter they may, to coerce any sovereign State,
or the people thereof, either active or passive, and to oppose the
execution of the federal laws in any State which, by her highest
sovereign act, may have withdrawn her allegiance from the Fed-
eral Government.
Resolved 5. That the Governor of the State cause to be trans-
mitted a copy of the preamble and resolutions to each of our
Senators and Representatives in Congress.
Mr. JBeatty introduced House Resolution No. 10, as follows:
Whereas the federal Constitution was adopted by the several
States, in their separate and sovereign capacity, for the purposes
of mutual advantage and protection, and the several States, in
assenting to the same, delegated to the General Government
certain specified powers, expressly reserving to the States all other
powers not thus delegated to the Federal Government, and when
the government thus formed shall cease to perform its functions,
or fail to accomplish the end for which it was established, then it
is the right, as well as the duty, of the several States, parties to
the contract, to resume the powers thus delegated for their own
mutual protection and safety.
Whereas4he institution of African slavery existed prior to the
adoption of the federal Constitution, and was expressly recog-
nized in that instrument, and was so understood at the time of its
adoption, and any act on the part of the General Government
calculated to impair its efficacy, or destroy its validity, directly or
indirectly, in any of the States where it does now or may here-
after exist, is a palpable infraction of the original compact, which
should be met by a stern and unqualified resistance on the part of
the Southern States.
Whereas the people of the non-slaveholding States have as-
sumed a revolutionary position towards the people of the slave-
holding States, in waging a relentless war against the institution
of slavery, and the right of the master to property in his slave,
for the last forty years :
They have set at defiance the provision of the Constitution
which provides for the rendition of fugitive slaves escaping from
one State into another:
They have enticed our slaves from us, and by State legislation
and mob violence prevented their return: .
They continue to agitate the question of slavery, with the view
of depreciating the value of that species of property:
They have encouraged a hostile invasion of a sister State
28
whereby her unoffending citizens have been murdered, and, to and
insult to injury, they publicly proclaim" the author of this atrocious
deed a martyr in a just and holy cause :
They have encouraged secret emissaries to come among us with
the view of enticing our slaves to rebellion, thus endangering
both our lives and property ; and last, but not least,
They elected a President upon purely sectional principles ; in
the language of Mr. Bell, " in utter disregard of consequences,"
whose only recommendation for this elevated position, according
to Mr. Douglas, in his speech at Chicago, July 9th, 1858, consists
in his "bold advocacy of a war of sections—a war of the North
against the Soulh, of Free States against Slave States—a war of
extermination, to be continued relentlessly until one or the other
shall be subdued." Therefore, be it
Resolved 1. That we regard the election of A. Lincoln and
Hannibal Hamlin, as President and Vice-President of the United
States, representing, as they do, the avowed policy of the Black
Republican party, to prohibit the extension of slavery into any of
the territories belonging to the government, thus circumscribing
it to its present limits, thereby insuring its speedy and final ex-
tinction, as being utterly incompatible with the safety of the
southern States in the Union, without additional guarantees,
2d. We hold that the territories acquired by the common blood
and common treasure, are the common property of all the people
of all the States of this Union, and that every citizen of the
United States has a clear constitutional right to go into said ter-
ritories, and carry with him any kind of property recognized by
the Constitution, slaves included, and that it is the duty of the
government to afford such protection for every species of pro-
perty, during the territorial existence, as may be necessary for the
enjoyment of the same ; and that neither Congress nor the terri-
torial Legislature have any power, under the Constitution, to im-
pair the right of the owner to his property.
3d. That we have implicit confidence in the guarantees of the
federal Constitution, when faithfully and fairly executed, and are
willing to comply with all its requirements, still, we cannot bear
its burdens, unless we can be the recipients of its bounty; and if
the Black Republican party shall insist upon our unconditional
submission to its unjust and aggressive demands, then it will be-
come the imperative duty of Tennesseans to assert their rights in
the Union if possible, but failing in this, they will not stop to
count the cost, but will assert and maintain them at all hazards
and to the last extremity, even though it should result in a disrup-
tion of the Federal Union.
4. That several of the non-slaveholding States, with the view
of obstructing the operation of the fugitive slave law, have
passed so-called personal liberty acts, which are in palpable
violation of that clause of the Constitution, which provides for the
29
rendition of fugitive slaves, and as a matter of constitutional
right, we demand their unconditional repeal.
5. We respectfully suggest, that the people of the slaveholdibg
States, through their appointed representatives, meet in general
conference as soon as practicable, and present to the people of
the northern States a clear and concise statement of the ques-
tions in issue, and if the latter shall refuse to concede us our con-
stitutional rights, then we can consistently take leave of a Union
"known to us only by the insults it has sanctioned, and the wrongs
it has legalized."
6. That in recommending a conference of all the southern
States, we do not regard such a cause as indispensably necessary,
for we recognize the right of the several States, in the language
of the Kentucky Resolutions of 1798-99," to judge for themselves
of the infractions of the compact, as well as the mode and man-
ner of redress."
7. That while we regret the hasty action on the part of the
people of Soufth Carolina, in separating from her sister States in
this critical juncture of affairs, still, we will resist, to the last ex-
tremity, any action on the part of the federal government, tend-
ing to use force or violence to bring them into subjection.
8. We have read with profound regret, the late speech of the
Hon. Andrew Johnson, delivered in the Senate of the United
States, in which he not only denies the right of a State peaceably
to secede from the Union, but invokes the powers of the federal
government to coerce the people of South Carolina into submis-
sion. Believing, as we do, that such sentiments will find no re-
sponse among the majority of the people of Tennessee, and feel-
ing the necessity of having representatives in the counsels of the
nation who will reflect the will of the people, in this, our day of
trial, we, the representatives of the people of the State of Ten-
nessee, in their General Assembly, do respectfully request the
Hon. Andrew Johnson to resign his seat in the United States Sen-
ate, in order that his place may be filled by one who knows our
fights, and will dare to defend them ;
Which resolutions, under the rule, lie over one day.
Mr. Gantt introduced resolution, No. 11, as follows:
Resolved, That the Senate and House of Representatives of the
General Assembly of the State of Tennessee, meet in convention
in the Hall of the House of Representatives to hear such comma-
nications and addresses as the Hon. L P. Walker and the Hon.
T. J. Wharton, Commissioners from the States of Alabama and
Mississippi, may desire to make on behalf of their respective
States, at such time as said Commissioners may desire ; and that
a committee of three, on the part of the House, be appointed to
notify them of the proceeding, and to tender them seats on the
floor of the House ;
The rules were suspended, and the resolution adopted.
30
The Speaker appointed Messrs. Gantt, Gillespie and Hurt said
committee.
Mr. Lockhart reported resolutions, Nos. 1, 2 and 3, correctly en-
grossed.
Mr. Hebb introduced resolution, No. 12, as follows:
Resolved, That the Treasurer be directed to pay the members
and officers of the House their per diem and mileage as it be-
comes due.
The rules were suspended, and the resolution adopted.
Yeas 53
Nays 14
Representatives voting in the affirmative are :
Messrs. Armstrong, Baker ot Perry, Barksdale, Beatty, Bennett,
Bicknell, Bledsoe, Britton, Butler,Cheatham; Cowden, Critz, Doak,
Dudley, East,Ewing, Farley, Farrelly, Gillespie, Gorman, Greene,
Guy, Harris, Havron, Hebb, Hurt, Ingram, Ivenner, Kennedy,
Kincaid of Anderson, Kincaid of Claiborne, Martin, Mayfield,
McCabe, Morris, Morphis, Nail, Norman, Pickett, Porter, Rich-
ardson, Robert?, Russell, Shrewsbury, Trevitt, Trewhitt, White of
Davidson, Whitmore, Williams of Franklin, Williams of Hick-
man, Wisener, Woodard, and Mr. Speaker Whitthorne.
Those voting in the negative are:
Messrs. Baker of Weakley, Brazelton, Caldwell, Davidson,
Ford, Frazier, Johnson, Lockhart, Senter, Smith, Sowell, Vaughn,
White of Dickson, and Woods.
The resolution was ordered to be transmitted to the the Senate,
Mr. Johnson moved to adjourn till to-morrow at 10 o'clock;
which motion failed.
' Representatives voting in the affirmative are :
Messrs. Bayless, Bicknell, Brazelton, Britton, Butler, Caldwell,
Cheatham, Critz, Davidson, Davis, Dudley, East, Ewing, Farrelly,
Ford, Frazier, Gillespie, Greene, Guy, Hebb, Johnson, Kenner,
Kincaid of Anderson, Mayfield, McCabe, Morphis, Pickett, Russell,
Shrewsbury, Trevitt, Trewhitt, White of Davidson, Whitmore,
Williams of Franklin, and Woods.
Those voting in the negative are :
Messrs. Armstrong, Baker of Perry, Baker of Weakley, Barks-
dale, Beatty, Bennett, Bledsoe, Cowden, Doak, Farrelly, Gantt,
Gorman, Harris, Havron, Hurt, Ingram, Kennedy, Kincaid of
Claiborne, Lockhart, Martin, Morris, Nail, Norman, Porter, Rich-
ardson, Roberts, Senter, Smith, Sowell, Vaughn, White of Dick-
son, Williams of Hickman, Williamson, Wisener, Woodard, and
Mr. Speaker Whitthorne.
A message was received from the Governor, through the Hon.
Yeas
Nays
35
36
31
J. E. R. Ray, Secretary of State, which was read at the Clerk's
desk, as follows:
Executive Department, J
Nashville, January 8, 1861.)
Q-entlemen of the Senate and
House of Representatives:
I herewith transmit the commissions of the Hon. L. P. Walker,
of the State of Alabama, and Gen. T. J. Wharton, of the State
of Mississippi, who visit Tennessee as Commissioners representing
their respective States, for the purpose of conferring with you as
to the policy which should be pursued by the Southern Spates in
the emergency now upon the country. As the representatives of
sister States, with which Tennessee is united geographically, as
well as in the endurance of common wrongs, identified in interest,
sentiment and sympathy, and in the natural course of events
must share a common destiny. I doubt not you will be pleased
to meet and confer with these distinguished gentlemen, upon the
vitally important questions of the day.
I also transmit an act passed and resolutions adopted by the
Legislature of Mississippi, forwarded to me, and which I deem it
respectful to lay before you. All of which is respectfully submit-
ted to you consideration.
Respectfully,
ISHAM G. HARRIS.
Mr. Johnson introduced House Bill, No. 1,
An act to repeal an act passed 21st February, 1860, entitled,
An act to amend the usury laws, and to establish a conventional
rate of interest.
Mr. Dudley introduced House Bill, No. 2,
A bill to amend the conventional interest law.
Mr. Wisener introduced House Bill, No. 3,
An act to repeal the act of 1860, entitled, An act to amend the
usury laws of the State, and to establish va conventional rate of
interest.
Mr. Williams of Hickman introduced House Bill, No. 4,
To be entitled, An act to amend an act entitled an act to
amend the usury laws of the State, and to establish a conven-
tional rate of interest.
Which bills were severally read a first time and passed.
The Speaker announced the following Representatives as the
Committee to which was referred that portion of the Governor's
Message relating to military affairs, under the resolution of Mr.
Brazelton, adopted yesterday:
Messrs. Brazelton, Farrelly, Cheatham, Davis and Harris.
The following as the committee under Mr. Barksdale's resolu-
32
tion, adopted yesterday, to which was referred that part of the
message relating to the political condition of the country :
Messrs. Barksdale, Gantt, Vaughn, Lea, Williams of Hickman,
Bicknell, East, Porter and Pickett.
The following committee, appointed under Mr. Martin's resolu-
tion, adopted yesterday, to which was referred that part ot the
message relating to the financial embarrassment of the State :
Messrs. Martin, Trewhitt, Johnson, Jones, Smith, Wisener, Ba-
ker of Perry, Dudley, Shrewsbury and Guy.
Mr. Brazelton moved that 75 copies of the rules of the House
be printed for the use of members;
Which motion failed.
Yeas 22
Nays 47
Representatives voting in the affirmative are:
Messrs. Armstrong, Bsrksdale, Bennett, Bicknell, Brazelton,
Cheatham, Cowden, Ewing, Erazier, Gantt, Guy, Harris, Hurt,
Martin, Morris, Norman, Pickett, Porter, Richardson, Russell, Sen-
ter and x\ir. Whitmore.
Those voting in the negative are:
Messrs. Baker of Perry, Baker of Weakley, Bayless, Beatty,
Bledsoe, Britton, Butler, Caldwell, Critz. Davidson, Davis, Doak,
Dudley, East, Farley, Farrelly, Ford, Gillespie, Gorman, Greene,
Havron, Hebb, Ingram, Johnson, Kenner, Kennedy, Kincaid of
Anderson, Kincaid of Claiborne, Lockhart, Mayfield, McCabe,
Roberts, Shrewsbury, Smith, Sowell, Trevitt, Trewhitt, Vaughn,
White of Dickson, Williams of Franklin, Williams of Hickman,
Williamson, Wisener, Woods, Woodard, and Mr. Speaker Whit-
thorne.
On motion of Mr. Johnson,
The House adjourned till to-morrow morning 9 o'clock.
WEDNESDAY MORNING, JANUARY 9, 1861.
The House met pursuant to adjournment.
Mr. Speaker Whitthorne in the Chair.
The Journal of yesterday was read and approved.
Mr. Williams of Hickman moved that the message and accom-
33
panying documents from the Governor, communicated yesterday,
be transmitted to the Senate.
Which was adopted.
On motion of Mr. Davis, Mr. Armstrong was added to the Com-
mittee on Military Affairs
Mr. Bennett introduced House Resolution, No. 13, as follows:
Resolved, That a committee of five be appointed by the Speaker
to confer with and ascertain from the several banks now in a
state of suspension, how much paper they I ave discounted or re-
newed since said suspension Also, that they report whether
such suspension has been for the benefit of the public or only for
the benefit of themselves, and that they'report as soon as practi-
cable to this House.
Mr. Vaughn offered the following amendment, which was ac-
cepted :
And how much exchange they have furnished to the people,
and at what rate." .
The resolution, as amended, lies over one day under the rule.
The Speaker appointed Mersrs. Bennett, Caldwell, Lockhart,
Richardson and Kennedy said committee.
Mr. Lockhart introduced House Resolution, No. 14, as follows:
Resolved by the General Assembly of the State of Tennessee,
That the doctrine that the Federal Government has the power to
coerce a seceding State, and hold it as a province, is both un-
warranted by the Constitution and exceedingly impolitic. And
any attempt on the part of the Federal Government to coerce a
State would plunge the whole country into civil war.
Resolved, That our Senators and Representatives- in Congress
are respectfully instructed and requested to use every means
within their power to prevent the Federal Government from
adopting such a policy, believing as we do that such a policy
would destroy the last hope of peace and union.
Which resolution lies over one day, under the rule.
Mr. Senter introduced Bouse Resolution, No. 15, as follows:
Be it resolved, as the sense of this body, That the rights, insti-
tutions, and honor of the State can alone be preserved in the
Union, and under the Constitution of the United States.
Which lies over under the rule.
. Mr. Cheatham offered House Resolution, No. 16, as follows:
Resolved, That the Speaker appoint a committee of three,
whose duty it shall be to invite the ministers of the gospel of the
different denominations in the city of Nashville to meet with us
each morning during the session, and open our deliberations with
prayer.
On motion, the rules were suspended, and the resolution
adopted, and the Speaker appointed Messrs. Cheatham, Ingram,
and Farley said committee.
Mr. Hebb introduced House Resolution, No. 17, as follpws:
3h
34
Resolved by the G-eneral Assembly of the State of Tennessee,
That our Representatives in Congress be direcled and requested
to vote against, and use all their influence against, the bill known
as the Homestead Bill, whereby the common territory is to pass
entirely from the people of the South to the abolitionists ol the
North.
Which resolution lies over under the rule.
Mr. Trewhitt introduced House Resolution, No. 18, as follows:
Whereas, The government of the United States is one of or-
ganic and municipal regulation, and the best ever devised by ihe
wisdom of men, and best patriotism and owes its foundation to
the religion, blood, and devoted patriotism of our fathers:
And Whereas, The crisis of affairs in our government now
existing was foreseen and deeply lamented by George Washing-
ton, the father of our common country, growing out of sectional
pride and abstract notions of local institutions, and that in his
farewell address to the American people he warned them to dis-
regard the sectional strife and discord north and south, and to
preserve the Constitution and the Union as the palladium of their
liberties :
And Whereas, Secessionism in the South and the personal lib-
erty bills in the North are dangerous to the perpetuity of the
Union and the liberties we now enjoy : Be it therefore
1. Resolved, That the State of Tennessee be and remain as a
sentinel upon the watchtower of our liberties, and pledged to the
support of the Federal Constitution, and the enforcement of the
laws. And that she will use every possible conservative power
to assuage the sectional strife now between the North and South,
and to restore good feeling and friendly brotherhood between
them.
2. Resolved, That the sentiment of the people of Tennessee is
for the Union, and that no "State Convention is necessary to re-
fleet that sentiment; and that such a Convention would only
tend to increase the distracted feeling of the country, and would
disturb the repose and quietude ol our people.
3. Resolved, That ten thousand copies of the Farewell Address
of George Washington be published, at the expense of the State,
and delivered to the members of the House, whose duty it shall
be to distribute the same among their constituents.
4. Resolved, That as a means of perpetuating this Union, the
palladium of our liberties, we respectfully, but earnestly, demand
of the Northern States to immediately repeal their acts called
personal liberty bills.
5. Resolved, That unless the sectional difficulty between the
North and South be otherwise by Congress settled, one dele-
gate from each Congressional District in this State be elected, at
such time and place as the Governor shall appoint, who shall be
elected in the manner prescribed for the election of members to
35
Congress, as to votes; whose duty it shall be to meet delegates
to be appointed by all the other States, in National Convention,
at such time and place as the Governors of the several States
shall designate, whose duty it shall be to amicably settle the dif-
Acuities now existing between the North and the South, by sub-
milting such amendments to the Federal Constitution as may be
necessary, or otherwise, and that until all strite and sectional feel-
ing, North and South be suspended, and union and harmony re-
stored
6. Resolved, That we respectfully request the several States of
this Union to co-operate with us in the assembling of a National
Convention, for the purposes herein declared.
7. Resolved, That we approve of the course of the Hon. An-
drew Johnson, upon the question of secession, in the United
States Senate.
Which resolutions lie over one day, under the rule.
The following Hou&e Bills were introduced and passed first
reading :
Mr. Gillespie, House Bill. No. 5, A bill to repeal so much of an
act passed Feb. 21, 1860, as establishes a rate of conventional
interest.
Mr. Ford, No. 6, \ bill for the relief of the people.
Mr. Doak, No. 7, To amend the usury laws of this State.
Mr. Bennett, No. 8, A bill prescribing a remedy for the collec-
tion of debts and for the relief of the people.
Mr. Baker of Perry, No. 8, A bill to establish quarterly courts
for justices of the peace.
Mr. Butler, No. 10, A bill for the relief of revenue collectors.
Mr. Gantt, No. 11, An act to provide for a Convention of the
people of Tennessee.
Mr. Trevvhitt, No. 12, An act lor the relief of the people.
Mr. Vaughn, No. 13, To suspend the collection of Northern
debts due from the people of Tennessee.
Mr. Armstrong, No. 14, A bill for the relief of tax payers.
House Resolutions were taken up, and Mr. Wisener offered an
amendment to Resolution No. 5, to print 1500 copies Washington's
Address, as follows:
That same number of General Jackson's proclamation of 1832
be printed for the use of the House; which was adopted.
Mr. Barksdale offered the following amendment :
That the same number of the resolutions of 1898-99, be printed
for the use of the House; which was adopted.
Mr. Williams of Hickman moved to lay the resolution upon,
the table ; which was carried.
Yeas 3ft
Nays 35
Representatives voting in the affirmative are:
86
Messrs, Baker of Perry, Baker of Weakley, Barkskale, Bayless,
Bennett, Brazelton, Pritton, Cowden, Ciitz, Davis, Doak, Dudley,
Farley, Farrelly, Ford, Frazier, Gantt, Guy, Kennedy, Lea, Lock-
hart, Mayfield, Nail, Porter, Roberts, Smith, Sowell. frevitt,
Vaughn, White of Davidson, White of Dickson, Williams of
Hickman, Woods, and Mr. Speaker Whitthorne.
Those voting in the negative are:
Messrs. Armstrong. Bea'ty, Bicknell, Bledsoe, Butler, Caldwell,
Cheatham, East, Ewing, Gillespie, Gorman, Greene; Havron, Hurt,
Ingram, Johnson, Kenner, Kincaid of Anderson, Kincaid of C1 ai-
borne, Martin, McCabe, Mori is, Morphis, Norman, Pickett, Mich-
ardson, Russell, Senter, Shrewsbury,, Trewhitt, Whitmore, Wil-
liarns of Franklin, Williamson, Wisener, and Mr. Woodard.
House Resolution No. 4, was taken up, and, on motion, was
referred to the Committee oh-Federal Affairs
House Resoluti m No. 0, in regard to secession and nullification,
was referred to the Committee on Federal A flairs.
House Resolution No. 8, in regard to reorganizing the militia,
was referred to Committee on Military Affairs.
House Resolution No. 7, in regard to the call of a Convention,
was rejected.
Yeas 5
Nays 66
Representatives voting in the affirmative are :
Messrs. Armstrong, Butler, Morphis, Shrewsbury, and Mr.
WLener.
Those voting in the negative are :
Messrs. Baker of Perry, Baker of Weakley, Barksdale, Bayless,
Beatty, Bennett, Bicknell, Bledsoe, Brazelton, Britton, Caldwell,
Cheatham, Cowden, Critz, Davis, Doak, Dudley, East, Evsing
Farley, Farrelly, Ford, Frazier, Gantt, Gillespie, Gorman, Greene,
Guy, Harris, Havron, Ilebb, Hurt, Ingram, Johnson, Kenner,
Kennedy, Kincaid of Anderson, Kincaid of Claiborne, Lea, Lock-
hart, Martin, Mayfield, McCabe, Morris, Nail, Norman, Pickett,
Porter, Richardson, Russell, Roberts, Senter, Smith, Sowell, Trev-
itt, Trewhitt, Vaughn, White of Davidson, White of Dickson,
Whitmore, Williams of Franklin, Williams of Hickman, William-
son, Woods, Woodard, and Mr. Speaker Whitthorne.
House Resolution No. 9, on States' Rights was referred to
Committee on Federal Relations.
House Resolution No 10, on the political condition of the
country, was referred to Committee on Federal Relations.
The following message was received from the Senate :
Mr. Speaker:
I am directed to inform the House of Representatives that the
Senate has concurred in House Resolution No. 11, to meet in con-
8T
vention in the hall of the House of Representatives to hear such
communica'ion and addresses as the Hon. Thomas J. Wharton
and the Hon. L P.Walker, commissioners from the States of
Alabama and Mississippi, may desiie to make on behalf of their
respective States. a«d the same is herewith returned to the House.
House bills on their second reading were thtn taken up.
House Bill No. J. to repeal an act passed 21st February, I860,
entitled an act to amend the usury laws and to establish a con-
ventional rate of interest;
No. 2, to amend the conventional interest law ;
No. 3, to repeal the act of the 21st February, 1860, entitled an
act to amend the usury law of the Mate, and to establish a con-
ventional rate of interest;
No. 4, to amend an act entitled an act to amend the usury laws
of the State and establish a conventional rate of interest;
Severally passed their second readings, and were referred to
the Committee on the Pecuniary Distress of the Country.
Mr. Gantt, from the Joint Select Committee, presented the fol-
lowing report:
The undersigned Joint Committee on the part of the House
and Senate, to notify Hon. L. P Walker and T. J. Wharton that
it is the pleasure of the General Assembly of Tennessee to hear
such addresses or communications as they desire to make on
behalf of their respective States, in the Hall of the Mou-e of
Representatives, at such time as they might indicate, beg leave
to report, that they have ascertained it to be the pleasure of said
commissioners to address the Senate and House in convention in
the Hall of Representatives at 12 m., Wednesday, the 9th day of
January.
Respectfully submitted.
Gantt, Hurt, Gillespie, Richardson, and others.
On motion of Mr. Williams of Hickman, the House took a re-
cess preparatory to the introduction of the commissioners afore-
said.
At the appointed hour, the Speaker of the Senate, accompanied
by that body, appeared and were invited to take seats within the
bar of the House.
Hon. T. W. Newman called the convention to order, and called
for the reading of the resolutions convening the two Houses.
. Mr. Gantt announced that the Hon. L. P. talker and Hon. T.
J. Wharton, commissioners from Alabama and Mississippi, were
present, and ready to deliver their messages to the convention.
Whereupon the chairman of the convention received the com-
missioners, and introduced the Hon. L P. Walker to the two
Houses assembled in convention.
After Hon. L. P. Walker had concluded his address, on motion
of Mr. Gantt, the convention took a recess until 3 o'clock p. m.
38
AFTERNOON SESSION.
The Convention re assembled at 3 o'clock.
The President ot the Convention introduced the Hon. T. J.
Wharton, Commissioner from the State of Mississippi, who deliv-
ered his address.
Whereupon the President of the Convention announced that
the business for which the Convention had assembled being com-
pleted, the Senate would repair in body to their own chamber.
Mr. Speaker Whitthorne called the House to order, when,
On motion of Mr. Lea, the House adjourned until to-morrow
morning 10 o'clock.
THURSDAY MORNING, JANUARY 10, 1861.
The House met pursuant to adjournment.
Mr. Speaker Whitthorne in the Chair.
Prayer by the Rev. Mr. Rains.
Journal of yesterday read and approved.
Mr. Cheatham presented the petition of Noble D. Ellis, survi-
ving partner of Ellis & Moore, asking for liberty to bid for the
furnishing ol any cannon or cannon balls that may be ordered by
the State.
Which was referred to the Military Committee.
Mr. Baker of Weakley introduced House Resolution, No. 19, as
follows :
Be it resolved by the General Assembly of the State of Tennessee,
That we view the doctrine of coercing a State, or the people
thereof, or the execution of Federal law without the consent of a
sovereign State, with that horror and apprehension that springs
from the instincts of human liberty.
2. That we have reason to'fear this odious doctrine will be car-
ried out by the Federal Government from present indications, and
if so,
3. Resolved, That our Senators and Representatives are hereby
instructed to resign their places in the halls of the National As-
sembly, and return to their constituents.
39
4. That the Governor, as soon as possible, forward a copy of
these resolutions to each of our Senators and Representatives in
Congress.
Which resolution lies over under the rule.
Mr. Davis introduced House Resolution, No. 20, as follows:
Whereas, Owing to long continued and afflicting disease, Ed.
Willis, Revenue Collector of Wilson county, for the year 1859,
has been unable to collect all the taxes due for said year, and is in
arrear with the State tax about the sum ot $4000. In order to
extend to him the relief which will enable him to pay the amount
due without being ruined,
Resolved by the General Assembly of the State of Tennessee, That
the Comptroller of the Treasury shall settle with said Ed. Willis,
and take his notes for the amount ascertained to be due by him
to the State, in two equal payments, due in twelve and eighteen
months from the 1st of January, 1861, bearing interest from that
date. Said notes shall be made payable to the State of Tennes-
see. The Comptroller shall require such security as will be suffi-
cient in his opinion to secure the payment of said notes.
Which resolution, under the rule, lies over one day.
Mr. Bicknell introduced House Resolution, No. 21, as follows:
Whereas, The dangers of disunion continue to thicken around
us, and threaten the peace, tranquility and happiness of the bor-
der States ; And whei eas, We deem it important that we should
act in concert with our sister border States ; Therefore,
Resolved by the General Assembly of the State of Tennessee, in
extraordinary session convened, That Tennessee should take im-
mediate action to protect ourselves in the midst of the pending
revolution.
2. Resolved, That a Commissioner be dispatched at once from
Tennessee to each one of the border States, to wit: North Caro-
lina, Virginia, Maryland. Kentucky and Missouri, to consult as to
the course to b,e pursued by us, in connection with them, in the
present emergency, arid report the result of their mission t,o this
General Assembly, with as much dispatch as consistent with the
importance of their commission.
3. Resolved, That Tennessee will link her fortunes with the
border States, and stand or fall in the attempt to maintain their
rights as citizens of the American Union.
4. Resolved, That said Commissioners be appointed by Conven-
tion of the two Houses.
Which resolution lies over under the rule.
The following House Bills were introduced, severally read first
time and passed :
Mr. Lockhart introduced No. 15, a bill to prevent sacrifice of
personal estate.
Mr. Vaughn introduced House Bill, No. 16, to exempt certain
property from taxation.
40
Mr Armstrong. No. 17, a bill to repeal the act of 1857, ch. 32,
abolishing military duty.
Mr. Speaker Whitthorne presented a statement of the condition
of the Planters' Bank;
Which, on motion, was laid upon the table.
House Resolution, No. 18. on Federal Relations, was referred
to Committee on Federal Affairs.
House Bills on second reading were taken up.
No. 5, to repeal so much of an act passed 21st Feb., 1860, as
establishes a rate of conventional interest.
No. 6, for the relief of the people.
No. 7, to amend the usury laws of the State.
No. 8, prescribing the remedy for the collection of debts, and
relief of the people
No. 9, to establish quarterly courts for justices of the peace.
No. 10, for the relief of Revenue Collectors.
No. 12, for the relief of the people.
No. 13. to suspend the collection of Northern debts due from
the people of Tennessee.
No. 14, for the relief of tax payers of the State.
Severally passed second reading, and were referred to the Dis-
tress Committee.
House Bill, No. 11, to provide for a convention of the people
of Tennessee, passed second reading, and was referred to Com-
mittee on Federal Relations.
On motion of Mr. Williams of Hickman, the House then ad-
journed till 10 o'clock to-morrow morning.
FRIDAY MORNING, JANUARY 11, 1861.
The House met pursuant to adjournment.
Mr. Speaker Whitthorne in the Chair.
The Journal of yesterday was read and approved.
Mr. Bicknell presented the memorial of B. Cole, offering to
furnish ordnance for the State, which was referred to Military
Committee.
Mr. Speaker Whitthorne presented the memorial of W. T. Lee
and forty others, authorizing the Bank of Tennessee to issue Post
Notes, which was referred to the Distress Committee.
41
Mr. Barksdale submitted the following report:
Mh Speaker :
The Joint Select Committee on Federal Affairs have had under
con-ideration the bill to call a Convention of the people of Ten-
nessee, which the Committee have amended, and the majority re-
commend its passage.
Thcv have had under consideration House Resolution, No. 4,
and ask to return the same, and be discharged from the further
consideration thereof.
They have also had under consideration House Resolution, No.
6, and recommend the rejection of the same.
W. H. BliiKSDALE.
Chairman of House Committee.
Which report was received, and the Committee discharged from
further consideration of Resolution, No. 4.
Mr. Martin, from the Distress Committee, returned House Bill,
No. 6, for the relief of the people, and recommended its rejection.
House Bill, No. 9, a bill to establish quarterly courts for justices
of the peac^, the Committee recommend the passage of, with the
following amendment:
" Provided, This act shall not extend to criminal prosecutions,"
House Bill, No, 13, to suspend the collection of Northern debts
due from the people of Tennessee, and House Bill, No. 7, to
amend the usury laws of this State, are recommended to be re-
jected.
House Bill, No. 14, for the relief of tax payers of the State ;
the Committee recommend the passage of this bill with the fol-
lowing amendments :
1. Strike out " sheriff."
2. Strike out " July " and insert "June," in the fourth line.
3 Insert the words " and county" alter the word '• State," in
the filth line.
4. Strike out "January," in seventh line, and insert " .Tune."
5. Insert the words " and county" after the word " State," in
eighth line.
6. The provisions of this act shall apply to collectors of rail-
road taxes.
MARTIN, Chairman.
The following message was received from the Senate :
Mr. Speaker :
The Senate has amended and adopted House Resolution, No.
12, to pay the members of the House the mileage and per diem
a$ it becomes due, and the same is herewith returned for the fur-
ther action of the House of Representatives.
The Senate has adopted Senate Resolution, No. 6, directing the
42
Doorkeepers to furnish postage stamps to members of the Gen-
eral Assembly at the public expense, and the same is herewith
transmitted for the action of the House of Representatives.
Mr. VVisener introduced House Resolution, No. 22, as follows:
Whe eas, It is recommended by the Commissions of the State
of Alabama and Mississippi, who have addressed this Legislature,
that the State of Tennessee secede from the General Government
by separate State action, and that after recision, that we lorrn a
Southern Republic, which shall be homogenous, composed of Vir
ginia, North Carolina, South Carolina. Florida, Alabama, Georgia,
Mississippi, Tennessee, Louisana, Texas and Arkansas; and
whereas, we should like to be informed before taking action of
such vital importance, whether such Southern Republic is to be
formed upon the basis of free trade and direct taxes, the African
slave trade, universal suffrage, a property qualification, and
whether all officers are to be elected by the people, or, as in South
Carolina, the chief executive officer to be elected by the Legisla-
tive department; Therefore,
Be it resolved by the General Assembly of the State of Tennessee,
That the Hon. L. P Walker and the Hon. T. J. Wharton, the
Commissioners of the States of Alabama and Mississippi, who
have addressed, and whose addresses are silent upon the above
questions, be respectfully requested to inform this Legislature,
whethe. they or either of them have any power or authority to give
assurance upon these measures, or any information as to what
will be the course of their respective Slates upon these proposi-
tions, and if so, what it is ? and, also, why it is that the States of
Delaware, Maryland, Kentucky and Missouri are not to be inclu-
ded in the Southern Republic, as proposed in the address of the
Hon-. L. P. Waiker.
Be it further resolved, That the Governor of this State be re-
quested to furnish a copy of the foregoing preamble and resolu-
tions to each of said Commissioners.
vV hich resolution lies over under the rule.
Mr. Morphis introduced House Resolution, No. 23, as follows:
Whereas, In consequence of the wilful and persistent agitation
of the question of negro slavery, in its relations to the Federal
Government, by extreme men resident in both sections ot the
country, inspired by motives repugnant to the great conservative
principle upon which the government was conceived, and upon
which it was founded and can alone be maintained, the public
mind is incensed to an extent which threatens a dissolution of the
Union, and the destruction of civil liberty and the blessings which
we at present enjoy; and whereas, certain grave errors of doc-
trine relative to the formation and character of the govern mept
are being asserted and used as a means for facilitating such dis-
solution of the government, and resolution thereof into its original
elements; and whereas, further, the people of Tennessee appre-
43
date and desire to perpetuate the Constitution and the Union;
Therefore,
Be it resolved, 1. That the Constitution of the United States is
not a compact between the States of this Union, as independent
sovereign communities, forming them as a voluntary association of
States, from which any one of them is at liberty to withdraw at
its option ; but that it is an instrument which has created the
government proper, and in itself a fundamental law of the land,
superior in its sphere of action and superior in its power.
2. That the constituent communities which compose this Union
of States cannot impair the validity of this instrument by seced-
ing from said Union.
3. That the Constitution itself provides the only mode in which
it can be annulled or abrogated as a chartered government ; and
any other mode of accomplishing this object, whatever be the
name which it assumes, is simply revolution.
4 That the grievances under which the portion of the people
of this country labor, do not justify a resort to this extreme
measure.
5. That Tennessee will consent to exhaust every peaceful ex-
pedient for the relief of their grievances, and their prevention in
the future, either by amendments to the Constitution or the ex-
action of obedience to the requirements of the instrument as it
now stands.
6. That we regard the proposition recently submitted to the
Senate of the United States by the Hon. J. J. Crittenden, a Sen-
ator from the State of Kentucky, as affording a just, equitable,
and satisfactory basis for the settlement of the questions which
are now disturbing the mind of the nation, and imperiling the
perpetuity of the government.
Which resoluiion, under the rule, lies over one day.
Mr. Gantt offered House Resolution Mo. 24, as follows :
The success of the Black Republican party, and the secession
of the Cotton States may be treated as accomplished facts. These
events press upon Tennessee questions of the gravest and highest
moment. She cannot waive them—her safety and her honor
demand that she must meet them.
She is vitally interested in slavery as a political institution, and
in slaves as property, Her slaves of light are entitled to the
status of all other property, both under the Federal Constitution
and the local law ; but whilst every other species of property is
permitted to spread freely throughout the States and Territories,
at the will of the owner, this alone is marked out for destruction,
by the sentiment which called the Black Republican party into
being. The basis of its organization is hatred to slavery : and so
exclusively is this the case, that if the sentiment of hate were
withdrawn it would perish in an hour. It denies that the Consti-
tution recognizes and protects slaves as property; it holds that it
44
has the power to exclude slave property from the common Terri-
tories, in the face of an express decision of the Supreme Court of
the United States ; its avowed policy is that slavery is a wrong,
and to be dealt with as such—a sin for which not only the slave-
holding States are responsible, but which rests also upon the non-
slavehoiding States ; that it is to be confined in perpetual siege
in the States where it now exists, and placed in a course of u'ti-
mate extinction, its President elect champions the sentiment
that it is and must continue to be the subject of a perpetual strug-
gie, until it. prevais everywhere, or is abolished everywhere in the
broad borders of the Republic.
This sentiment has taken possession of all the State govern-
ments in the North; and, finally, in the recent Presidential elec-
tion, by a purely sectional vote, has elected its candidate to the
office of President. On the fourth of March next, it wdl be duly
installed into all the chief seats of power in the Federal Union.
The purse, the sword, the army, the navy, then pass into its hands.
It cannot he doubted for a moment that this power will be used
to the prejudice of slave property, which will then be exposed to
its attacks. As property, it will not receive the fostering care of
the General Government, but it will he outlawed—treated as a
sin—dealt with as a wrong.
Already in a minority on this question, the secession of dte
Cotton States leaves us in a hopless minority. It takes not the
prescience of prophecy to foretell, that in a few^ears, under these
circumstances, if we tamely submit to the dominion of this auti-
slavery spirit, that in all the boundaries of Tennessee, " the sun
will not rise upon a slave, or set upon a master." Our slave
property is interwoven with the whole frame-work of our society,
and identified with all our industrial pursuits : its destruction in-
volves degradation and ruin. It is vain to think of protecting it
under the present forms of the Constitution. Tennessee has
loved the Federal Union, arid fondly cherished the hope that it
was destined to be perpetual ; and now, surrounded by the great
and impressive facts of the hour, she feels it her solemn duty to
make a last effort for the reconstruction of that Union, and the
protection of her honor and property therein ; failing in this, she
will be driven to resume her delegated powers, and unite her
destiny with her sister Slave States in a Southern Union.
Tennessee desires the co operation of her sister Slave States in
the effort she proposes to make, and earnestly invites them to join
her in the same. Therefore,
Beit resolved by the General Assembly of Tennessee:
1. That the Governor appoint a commission of not less than
ten of our ablest and wisest citizens, to meet in convention a
similar commission on behalf of the other Slave States, in the city
of Louisville, Kentucky, between the 20th and 25ih of J an a-
ary, 1861.
45
2. That said Convention adopt a basis of settlement, upon
which, if possible, the Union may be reconstructed, and by which
the rights of property and honor of the slave States may be ren-
tiered secure from injury or attack.
3. That the delegates composing said Convention, repair with
the uliimatum adopted by them, to the city of Washington, and
lay the same before the Congress of the United States, and urge
that body to submit it, in the form of an amendment or amend-
merits to the Federal Constitution, on or bfilore the 20th day of
February, 1861.
4. That while Tennessee will abide by the ultimatum agreed
upon by the Convention, she deems it proper to express her own
view of what it should embrace, and which is as follows :
1. A declaratory amendment to the Federal Constitution, to
the effect that, under it, African slavery, as it exists in the slave
States, is property, and entitled by it, as well as the local law to
the status, of every other species of property.
2. An amendment which will compel the States to surrender
on demand, slaves escaped from their owners, or on refusal, to pay
double their value, by suit in the Federal Court, at the instance of
the owner.
3. An amendment whereby this property shall be rendered
secure in transit through the non-slaveholding States, and whilst
in such States temporarily sojourning with the owner.
4. An amendment running a line on the northern borders of
the slave States, until it touches our territories, and then west, on
the parallel of thirty-six degrees and thirty minutes, until it
touches the boundary of the State of California, and then with
her boundary ta the Pacific Ocean ; and declaring that in all the
States and Territories south of said line, slavery shall exist, and
in all north of it shall be forever prohibited.
5. Resolved, That the Governor of Tennessee appoint a Com-
missioner upon the impending crisis, to each of the slaveholding
States whose Legislatures are now in session, or may be in session
before the adjournment of this General Assembly.
6. Resolved, That copies of these resolutions be transmitted to
the Governors of the several slave States by the Governor of
Tennessee.
Which resolutions lie over under the rule.
Mr. Davis offered House Resolution No. 25, as follows:
Whereas, we, the Representatives of the people of Tennessee,
having assembled in our legislative capacity, in pursuance of the
proclamation of the Governor, and under authority of the Consti-
tution of the State, to take into consideration the present perilous
condition of our federal relations; and whereas, the pressing
necessities of the impending revolution require that Tennessee
should be prepared, at as early a day as possible, to act in her
sovereign capacity upon the questions that may arise: Therefore
46
Resolved, That it is our duty promptly to authorize, by proper
legal enactment, the election by the people of delegates to a
State Convention, in the manner in which Representatives in the
Legislature are now chosen, with full powers to act for the people
of Tennessee upon the pending questions touching our relations
to the Federal or State Governments of the Union.
Resolved, That in the opinion of this Legislature, said Conven-
tion, in order to adjust the question of Southern rights without
delay, should adopt as, the basis of their action, the Canstitution
of the United States, with the proposed amendments and other
propositions of adjustment recently presented by Mr. Crittenden,
in the Senate of the United States, or other amendments to the
Constitution similar to the Crittenden propositions, as the basis
on which all may safely stand.
Resolved, That in the opinion of this body, said Convention
should, without delay, elect delegates to a general Convention, to
be assembled at Baltimore or Richmond, or some point not distant
from the seat of Federal Government, and invite all the slave-
holding States to meet them by similar delegations in such Con-
vention, that they may therein digest and agree upon a satisfac-
tory plan of adjustment, looking to the preservation of the rights
of the Southern States; which plan should be submitted to the
consideration of the non-slaveholding States, for their adoption or
rejection.
Resolved, That should such plan of adjustment not be acceded
to by the requisite number of non-slaveholding States to perfect
such amendments to the Constitution, it is the opinion of this
Legislature, that the slaveholding States, in general Convention
assembled, ought to adopt for themselves the Constitution of the
United States, with such amendments as will make secure their
present rights under the Constitution ; and that they should invite
into a union with them all States of the North which are willing
to abide such amended Constitution and frame of government;
severing, at once and forever, all connections with States refusing
such reasonable guarantees to our future safety. Such renewed
conditions of Federal Union being first submitted for ratification
to Conventions of all the States respectively.
Which resolutions lie over under the rule.
On motion of Mr. Brazelton, 150 copies each of the resolutions
of Messrs. Gantt and Davis were ordered to be printed for the
use of the House.
Mr. Kennedy offered House Resolution No. 26, as follows :
Resolved by the General Assembly of the State of Tennessee,
That we do respectfully represent lo the President of the United
States, that in the judgment of this General Assembly of Ten-
nessee, any additional display of military power in the South will
jeopardize the tranquility of the Republic.
Resolved, That it is hereby made the duty of the Governor of
47
this State to inform the President of the action of this General
Assembly on this subject.
Which resolution lies over under the rule.
Mr. McCabe offered House Resolution No. 27, as follows:
Resolved by the House of Representatives in Extraordinary Con-
vention convened, That the Constitution and the laws passed in
pursuance thereof is the supreme law of the land, the enactment
of any State notwithstanding.
2. Resolved, That our attachment to the Federal Government
is deep and abiding, and that the Government of the United
States has established justice to all concerned, and that the en-
forcement of its constitutional laws will promote the welfare
and restore peace and tranquility, and continue the blessings of
liberty.
3. Resolved, That we do not recognize the right of any one
member of this confederacy to withdraw upon its own volition
without consent of the other States.
4. Resolved, That while we deprecate the passage of laws in
some of the States, intended to obstruct the execution of the
fugitive slave law, we would not be justified in an attack upon
the Federal Government. Our complaint is not against the Fed-
eral Government, but against the nullifying States.
5. Resolved, That it is the duty of the Federal Government to
return all fugitives to their owners, or pay such owners the loss
sustained.
6. Resolved, That it is the duty of the Federal Government to
collect and pay into the treasury of the United States the revenue
from all the ports within her border, and that no nominal act of
secession by any State should prevent the Federal Government
from discharging this duty.
7. Resolved, That we deeply deplore the precipitate and intern-
perate action of some of the States of this Confederacy, in their
attempt to dismember and destroy the union of the States, and
that we regard the attempt to deprive the border slave States of
the advantage of the fugitive slave law and the Constitution,
under which now they can get their rights in the Union, and
placing them on the border of a foreign territory, with a perfect
certainty of abolitionizing them, as unjust, and deserving from
Tennessee an early condemnation.
8. Resolved, That while we condemn the fanatical action of
some of the Northern States, that have attempted to nullify the
laws of the Federal Government, by their State legislative enact-
merits, we do not find fault with, or in any manner implicate,
th ose other Northern States that have not passed such unconsti-
tutional laws, and that it is our highest duty to strengthen the
bond of the Union, between the conservative States North and
South.
9. Resolved, That we do not regard secession of disunion as
48
an adequate remedy for existing evils, but that such could only
tend to aggravate them,
10. Resolved further, That with a view to establish a perma-
nent peace, and fraternal regard among all the States of this
Confederacy, and with a view of forever settling the vexed ques-
tion between the States, we propose a Convention or Conference
of the border States, both North and South.
11. Resolved, That said Convention meet at as early day as pos-
sible, and that each State have a delegation equal to her repre-
sentatives in Congress and the Senate of the U. S., to be chosen
by the people.
12. Resolved, That no delegate be admitted to a seat in said
Convention from any State that has actually seceded from the
Union, or having laws on her statute book nullifying the fugitive
slave haw.
13. Resolved, That Tennessee will abide the decision of said
Conference or Convention.
Which resolutions lie over under the rule.
Mr. Dudley offered House Resolution, No. 28, as follows :
Resolved, That the Supervisor of Banks be requested to furnish
to this General Assembly, at his earliest convenience, his report
as to the condition of the Banks.
Which resolution iies over under the rule.
Mr. Beatty offered House Resolution, No. 29, as follows :
Whereas, It is obvious that the long and angry controversy
between the Northern and Southern States of this Confederacy
on the question of slavery must he settled speedily, either in or out
of the Union: and whereas, the Black Republican party of the
North have obstinately and persistently rejected every proposition
so far for an adjustment of the difficulties, that looks to the
equality of the Southern States of this Union: and whereas,
there is an effort being made bv a portion of our representatives
in Congress with a view to the settlement of this question through
a committee known as the border State Committee, by which it is
proposed to relinquish both Southern rights and Southern honor;
therefore be it
Resolved, That we, the members of the General Assembly of
the State of Tennessee, hereby request our Senators and Repre-
sentatives in the Congress of the United States to use every
effort in their power to defeat not only the border State pro-
gramme, which virtually looks to the re-establishment of the old
Missouri Compromis , but every other proposition by which the
constitutional rights of the South could be compromised.
"Which resolution, under the rule, lies over.
Mr. Mayfield offered House Resolution, No 30, as follows :
Resolved by the General Assembly of the State of Tennessee,
That we repudiate the doctrine of coercing or levying war against
a seceding State.
49
Resolved further, That in opr opinion,,any attempt on the part
of the General Government to execute the Federal laws in a
seceded or seceding Mate would be abortive — productive of
bloodshed and civil war, and, therefore, unwise, inexepedient, and
impolitic; therefore,
Be it further resolved, That this General Assembly, by ballot,
in joint Convention, elect and appoint of its own body Com-
missioners, to proceed immediately to Washington city, and, on
behalf of the State of Tennessee, to urge upon the Administra-
tion this sentiment, to stay by all means the shedding of blood.
Which resolution, under the rule, lies over one day.
Mr. Williams of Hickman, offered House Resolution, No. 31,
as follows:
Resolved, That the committee heretofore appointed to ascertain
matters pertaining to the suspended Banks, be instructed to in-
quire and report to what section discounts and exchanges have
been furnished, and how much to such sections.
Which resolution li >s over under the rule.
The following House Bills were then introduced, severally read
first time and passed :
Mr. Jones introduced No. 18, An act to provide for a Conven-
tion of the people of Tennessee.
Mr. Wisener introduced No. 19, to provide for taking the vote
of the people upon the question of calling a Convention.
Mr. Barksdale introduced No. 20, To amend an act passed 22d
March, 1860, and for other purposes.
Senate message, being Senate amendment to House Resolution,
No. 12, To provide for the payment of the officers and members
of the General Assembly was concurred in by the House.
Senate message, being Senate Resolution, No. 12, To provide
for the payment of postage, was laid upon the table:
Yeas 38
Nays. 33
Representatives voting in the affirmative are :
Messrs. Baker of Perry, Baker of Weakley, Bayless, Bledsoe,
Brazelton, Britton, Dudley, Farley, Ford, Frazier, Gorman, Greene,
Guy, Harris, Havron, If ebb, Ingram, Jones, Johnson, Kenner,
Kincaid of Claiborne, Lockhart, Mayfield, McCabe, Morphis, Nor-
man, Porter, Richardson, Russell,® Senter, Shied, Shrewsbury,
Sowell, Vaughn, White of Dickson, Williamson, Woodard, and
Mr. Speaker Whitthorne.
. Those voting in the negative are.
Messrs. Armstrong, Barksdale, Beatty, Bennett, Bicknell, Brit-
ton, Caldwell, Cheatham, Cowden, Critz, Davidson, Davis, Doak,
East, Ewing, Farrelly, Gantt, Gillespie, Hurt, Kennedy, Kincaid
of Anderson, Lea, Martin, Morris, Nail, Pickett, Roberts, Smith,
4 H
50
Trevitt, Trewhitt, White of Davidson, Williams of Franklin, and
Williams of Hickman.
House Resolutions, Nos. 19 and 21, were referred to the Com-
mitte on Federal Affairs.
House Resolution, No. 20, For the relief of Ed. Willis, was laid
upon the table.
House Bill, No. 6, for the relief of the people, and House Bill,
No. 7, To amend the usury laws af the State, were re-referred to
the Distress Committee.
By leave, Mr. Shied withdrew House Bill, No. 9, for amend-
ment.
House Bill, No. 15, To prevent the sacrifice of personal estate,
passed second reading, and was referred to the Distress Com-
mittee.
No. 17, To repeal the act abohshing military duty, passed sec-
ond reading, and was referred to the Committee on Military Af-
fairs.
No. 16, To exempt certain property from taxation, was, on mo-
tion of Mr. Bledsoe, laid upon the table.
Yeas 52
Nays 18
Representee voting in the affirmative are:
Messrs. Armstrong, Baker of Perry, Baker of Weakley, Bavless,
Bennett, Bieknell, Bledsoe, Brit ton, Butler, Caldwell, Cheatham,
Davidson, Davis, Dudley, East, Ewing, Ford, Frazier, Gillespie,
Gorman, Greene, Havron, Hebb. Johnson, Kenner, Kennedy, Kin-
caid of Anderson, Kincaid of Claiborne, Martin, Mayfield, Mc-
Cabe, Morris, Morphis, Nail, Norman, Porter, Richardson, Rob-
erts, Russell, Senter, Shied, Shrewsbury, Smith, Trevitt, Trewhitt,
White of Davidson, White of Dixon, Williams of Franklin, Wil-
liamson, Woods, Woodard,and Mr. Speaker Whitthorne.
Those voting in the negative are:
Messrs. Barksdale, Beatty, Cowden, Critz, Doak, Farley, Far-
relly Gantt. Guy, Harris, Ingram, Jones, Lea, Lockhart> Pickett,
Sovvell, Vaughn, and Mr. Williams of Hickman,
f House Bill, No. 14, For the relief of tax payers of the State,
was read a third time and passed.
Yeas 62
Nays • 9
Representatives voting in the affirmative are:
Messrs. Armstrong, Baker of Perry, Baker of Weakley, Barks-
dale, Bayless, Bennett, Bieknell, Bledsoe, Brazelton, Britton, But-
ler, Cheatham, Cowden, Critz, Davis, Doak, Dudley, East, Ewing,
Farley, Farrelly. Ford, Frazier, Gantt. Gillespie, Gorman, Greene,
. Guy, Harris, Havron, Hurt, Jones, Johnson, Kenner, Kennedy,
51
Kincaid of Anderson, Kincaid of Claiborne, Lockhart, Martin,
Mayfield, McCabe, Morphis, Nail, Pickett, Porter, Richardson,
Roberts, Russell, Senter, Sheid, Trevitt, Trewhitt, Vaughn,
White of Davidson, White of Dixon, Williams of Franklin, Wil-
liam3 of Hickman, Williamson, Wisener, Woods and Mr. Speaker
Whitthorne.
Those voting in the negative are:
Messrs. Beatty, Caldwell, Hebb, Ingram, Lea, Morris, Norman,
Shrewsbury and Woodard.
Mr. Shied entered a motion to reconsider the vote just had,
passing the bill.
House Bill, No. 13, To suspend the collection of Northern debts
due from the people of Tennessee, was, on motion of Mr. Ford,
laid upon the table.
Yeas 50
N ays 18
Representatives voting in the affirmative are:
Messrs. Armstrong, Baker of Perry, Bicknell, Bledsoe, Brazel-
ton, Britton, Butler, Caldwell, Cheatham, Davis, Dudley, East,
Ewing, Farley, Farrelly, Ford, Gillespie, Gorman, Greene, Guy,
Havron, Hurt, Ingram, Johnson, Kenner, Kennedy, Kincaid of
Anderson, Kincaid of Claiborne, Lockhart, Martin, Mayfield, Mc-
Cabe, Morris, Morphis, Norman, Pickett, Porter, Richardson, Rob-
erts, Rusell, Senter, Sheid, Shrewsbury, Smith, Trewhitt, White
of Davidson, Whitmore, White of Dickson, Williamson, Wisener,
and Mr. Woodard.
Thosq voting in the negative are:
Messrs. Baker of Weakley, Barksdale, Beatty, Bennett, Cow-
den, Critz, Doak, Frazier, Gantt, Harris, Hebb, Lea, Nail, Tre-
vitt, Vaughn, Williams of Hickman, and Mr. Speaker Whitthorne.
The following message was received from the Senate :
Mr. Speaker :
The Senate has amended and concurred in House Resolutions,
Nos. 1, 2, and 3, providing for raising joint select committees on
portions of the Governor's message, and the Speaker has ap-
pointed Messrs. Payne, Stokes, Allen, Wood, Bradford, and Min-
nis on the committee, on that portion of the message as refers to
the political condition of the country. On that portion of the
message in reference to the financial condition of the State, the
Speaker of the Senate has appointed Messrs. Lane, Boyd, Rich-
tirdson, McNeely, Stovall, and Stanton. And on that portion of
the message referring to the re organization of the militia, Messrs,
McClellan, Bumpass, Peters, and Horn. The resolutions are here-
with transmitted to the House of Representatives.
Mr. Cheatham moved to adjourn until to-morrow morning, 10
o'clock.
52
Mr. Pickett demanded the ayes and noes, and the motion to
adjourn failed.
Hepresentatives voting in the affirmative are :
Messrs. Barksdale, Bicknell, Butler, Caldwell, Cheatham, Da-
vidson, Dudley, East, Ewing, Ford, Greene, ilavron, Hebb, Hurt,
Johnson, Kenner, Lea, Martin, Morphis, Norman, Porter, Rich-
ardson, Shrewsbury, Trewhitt, White of Davidson, Whitmore, and
Williams of Franklin.
Those voting in the negative are :
Messrs, Armstrong, Baker of Perry, Baker of Weakley, Bayless,
Realty, Bennett, Bledsoe, Brazelton, Britton, Cowden, Critz, Doak,
Farley, Farrelly. Frazier, Gantt, Gorman Guy, Harris, Ingram,
Jene*, Kennedy, Kincaid of Anderson, Kincaid of Claiborne,
Lockhart, Mayfield, McCabe, Morris, Nail, Pickett, Roberts, Rus-
sell, Senter, So well, Trevitt, Vaughn, White of Dickson, Wil-
liams of Hickman, Williamson, Wisener Woods, Woodard, and
Mr. Speaker Whit thorn e.
Mr. Johnson moved to adjourn till Monday morning, 10 o'clock.
Mr. Vaughn demanded the ayes and noes, and the motion to
adjourn failed.
Yeas 10
Representatives voting in the affirmative are :
Messrs. Butler, Caldwell, East, Ewing, Ford, Johnson, Trewhitt,
White of Davidson, Williams of Franklin, and Williamson.
Those voting in the negative are :
- • -r\
Messrs. Armstrong, Baker of Perry, Baker of Weakley, Barks-
dale, Bayless, Reatty, Bennett, Bicknell, Bledsoe, Brazelton, Brit-
ton, Cheatham, Cowden, Critz, Davis, Doak, Dudley, Farley, Far-
relly, Frazier, Gantt, Gillespie, Gorman, Greene, Guy, Harris,
Havron, Hebb, Hurt, Ingram, Jones, Kenner, Kennedy, Kincaid
of Anderson, Kincaid of Claiborne, Lea, Lockhart, Martin, May-
field, McCabe, Morphis, Nail, Norman, Pickett, Porter, Richard-
son, Roberts, Russell, Senter, Sheid, Shrewsbury, Smith, Sowed,
Trevitt, Vaughn, White of Dickson, Whitmore, Wiliiams of Hick-
man, Wisener, Woods, Woodard, and Mr Speaker Whitthorne.
House Bill, No. 11, to provide for a Convention of the people
of the State, was taken up.
Mr. Vaughn moved to amend the amendment proposed by the
committee, by striking out the 9th of February, and inserting the
"second" of February ; which motion failed.
Mr. Farrelly moved to strike out the 9th of February, and in-
sert the 24th January, as the time for holding the election lor
delegates to the Convention.
On motion, the House adjourned until 2 o'clock.
Yeas
Nays
27
45
Nay;
63
53
AFTERNOON SESSION.
The House resumed the consideration of the unfinished business.
By leave, Mr. Farrelly withdrew his amendment to House Bill,
No. 11. t
The committee's amendments, fixing the 9th of February, 1861,
as the time for the election of Delegates to the Convention, and
the 18th of February, as the time of its meeting, were then
adopted.
Mr. Jones offered the following amendment:
Sec. 9. Be it further enacted, That no ordinance or resolution
which may be adopted by said convention, having for its object a
change of the position or relation of this State to the National
Union, or her sister southern States, shall be of any binding force
or effect until it is submitted to, and ratified and adopted by a
majority of the qualified voters of the State, taking as a basis the
vote cast in the last election for Governor and members of the
General Assembly.
Mr. Williams of Hickman, moved to amend Mr. Jones' amend-
ment, as follows:
Provided, The same shall be the sense of the convention when
it shall assemble.
Mr. Havron moved to lay Mr. Williams' of Hickman amend-
ment on the table.
Mr. Williams of Hickman, moved that the motion carry the
amendment of Mr. Jones with it; which motion he withdrew, at
the request of Mr. Gantt.
Whereupon, Mr. Gantt offered the following in lieu of Mr.
Jones' amendment:
Be it further enacted, That the action of the convention,
whether it shall be to dissolve the existing relations of Tennessee
with the Federal Government, and unite in a Southern or Middle
Confederacy, or to continue in a Union with the non-slaveholding
States, shall be submitted to the people for their ratification or
rejection, at the ballot-box.
Mr. Lea moved the previous question ; which motion failed.
Yeas • • .22
Nays -50 ,
Representatives voting in the affirmative are :
Messrs. Baker of Perry, Baker of W^eakley, Barksdale, Beatty,
Bennett, Cowden, Gritz, Doak, Frazier, Harris, Ingram, Lea,
Lockhart, Nail, Porter, Roberts, Smith, Sowell, Yaughn, White of
Dickson, Woods, and Mr. Speaker Whitthorne.
54
. Those voting in the negative are :
Messrs. Armstrong, Bayiess, Bicknell, Bledsoe, Brazelton, Brit-
ton, Butler, Caldwell, Cheatham, Davis, Dudley, East, Ewing,
Farley, Farrelly, Ford, Gantt, Gillespie, Gorman, Greene, Guy,
Havron, Hurt, Jones, Johnson, Kenner, Kennedy, Kincaid of An-
derson, Kincaid of Claiborne, Martin, Mayfield, McCabe, Morris,
Morphis, Norman, Pickett, Richardson, Russell, Senter, Sheid,
Shrewsbury, Trevitt, Trewhitt, White of Davidson, Whitmore,
Williams of Franklin, Williams of Hickman, Williamson, Wise-
ner, and Woodard.
Pending the question of the adoption of Mr. Gantt's amend-
ment,
On motion of Mr. Johnson, the House adjourned till to-morrow
morning 9 o'clock.
Yeas 40
Nays • 31
Representatives voting in the affirmative are :
Messrs. Armstrong, Baker of Perry, Bicknell, Bledsoe, Brazel-
ton, Caldwell, Cheatham, Davis, Dudley, East, Ewing, Farrelly,
Ford, Gillespie, Greene, Havron, Hebb, Jones, Johnson, Kenner,
Kennedy, Kincaid of Anderson, Martin, McCabe, Morris, Mor-
phis, Norman, Porter, Richardson, Russell, Shrewsbury, Smith,
Trevitt, Trewhitt, White of Davidson, Whitmore, Williams of
Hickman, Williamson, Woods, and Mr. Speaker Whitthorne,
Those voting in the negative are :
Messrs. Baker of Weakley, Barksdale, Bayiess, Bennett, Brit-
ton, Cowden, Critz, Doak, Farley, Frazier, Gantt, Gorman, Guy,
Harris, Hurt, Ingram, Kincaid of Claiborne, Lea, Lockhart, May-
field, Nail, Pickett, Roberts, Senter, Sheid, Sowell, Vaughn, White
of Dickson, Williams of Franklin, Wisener, and Woodard.
SATURDAY MORNING, JANUARY 12, 1801.
The House met pursuant to adjournment.
Mr. Speaker Whitthorne in the Chair,
The Journal of yesterday was read and corrected.
Mr. Bennett offered the following House Resolution, No. 32, as
follows :
Whereas, The rumors from Washington city, justify us in the
55
apprehension that the President contemplates sending reinforce-
ments to Charleston and other southern ports, for the purpose of
aiding in the enforcement of the Federal laws, and blockading
the ports situated within the territory of the retiring States; and
whereas, efforts have been made by the proper authorities of South
Carolina to negotiate for an amicable adjustment of the rights of
the State and federal authorities, to all public property thus situ-
ated , and whereas, said negotiations have been broken off under
circumstances indicating a purpose on the part of the govern-
ment to carry out this policy ; therefore,
Resolved by the General Assembly of the State of Tennessee, That
in our opinion such action on the part of the government must
and will lead to civil war, (an event that all patriots should sedu-
ousiy try to avert,) and that Tennesseans would not, and ought
not, to stapd by and see a sister State or States subjugated in
such a manner.
Re it further resolved, That the Governor is hereby athorized
and requested forthwith to dispatch a Commissioner to Washing
ton city, with a copy of this preamble and resolutions, to be de-
livered to the President of the United States, in the name and on
behalf of th<> people of Tennessee, not as a menace against him
or any of the federal authorities, but as an earnest appeal and re-
monstrance against a policy which, in our opinion, involves the
whole country in a most deplorable and bloody civil war, which
must further estrange and forever alienate the two sections of the
country.
Resolved farther, That the Governor be requested to forward
copies of said preamble and resolutions to our Senators and Rep-
resentatives in Congress.
Which resolutions lie over under the rule :
Mr. Jones offered House Resolution No. 33, as follows :
Resolved, That while we do not believe such objects in the ag-
gregate are now entertained by a great body of the members of
that party, yet, that ambitious demagogues, unprincipled leaders,
and deluded fanatics do entertain and avow them ; and that what-
ever of conservatism the party may possess will be overpowered
by the latter, unless an adjustment and understanding be had
now, and the questions growing out of slavery be now finally and
forever settled between the North and the South.
Resolved, That the lasting gratitude of patriots is due to those
gallant men of the North who have stood by the Federal Consti-
tution and our rights in every peril, and that the recent develop-
ments of public opinion among the "people of the North induce us
to indulge a hope (feeble we acknowledge it to be') that a re-
action in public sentiment may occur, when our constitutional
demands will be gratified—at least we are,opposed to leaving the
experiment untried.
Resolved, That, in our opinion, the Federal Constitution is suffi-
56
cient for the protection and maintenance of all our rights proper-
ly construed and honestly enforced ; but that, as the Republican
party, soon to be inaugurated into power, denies such a construe-
tion and enforcement, the dangers to us, present arid future,
threatened ana impending, demand a final settlement by consti-
tutional amendments or otherwise, as may be deemed best.
Resolved, That we profess an unfaltering devotion to the Fed-
era! Constitution, as our fathers made it, and to the Union as the
result of that Constitution ; and that we are unwilling to sever
the ties that bind these States together until every honorable and
just means shall have been exhausted to obtain our rights within
the Federal Union.
Resolved, That, in our opinion, the destinies and interests of
the slaveholding States are deeply interlinked and blended ; that
we favor wise, calm, and deliberate counsels in every State; that
we would have preferred, and do now prefer, the joint and united
action of those States to attain our common rights in the Union,
and that when the last effort honor dictates shall have been una-
vailingly exerted by this State, and those that may co-operate
with us, through a Southern Convention or otherwise, for that
purpose, in the Union, then by virtue of that right canonized in
our hearts and sanctioned by the blood of the American re volu-
tion, we advocate the joint and United action of such States in
going out of the Union, or rather in repairing the Federal Gov-
ernrnent which then will have been virtually dissolved by our
brethren of the North.
jResolved, That we, irrespective of our past political and party
associations, concur in the opinion that the troubled and threat-
ened condition of the country, awakening as it does the most
serious apprehensions for its peace, as well as for the integrity of
our present system of Federal Government, not only justified, but
demanded the convening of the Legislature of the State with a
view to such legislation in the present emergency as patriotism
and enlightened conservative deliberations may require
Resolved, That among such measures as ought, in our opinion,
to be brought before the Legislature by the Governor, in his rnes-
sage, we embrace, the arming, equipping, and thorough re-organi-
zation of the militia of the State, having due regard to economy ;
and for the purpose alone of our own protection as a State against
external violence, and internal and servile insurrections; we
would oppose such measures for other objects at the,jj7-c sent junc-
ture of our affairs.
Resolved, That we deem the success of the Republican party,
in the late Presidential election, a breach of the spirit, while it is
in consonance with the form, of the Federal Constitution ; and
for these, among other reasons, it avows the determination to pro-
hibit slavery, a " relic of barbarism" in all the Territories now
belonging to the United States, in open violation of the power of
57
Congress, as determined by the Supreme Court of the United
States ; it looks to the abolition of slavery in the District of Colum-
bia, in the navy yards and arsenals of the United States ; it in-
tends the non-execution of the slave law by the Federal Govern-
ment, judging from its obstruction and nullification by personal
liberty bills and armed mobs in several of the Northern States ;
it means the non-admission of any other slave State into the
Union, and the overthrow thereby of the power of the slave
States in the Federal Government; it intends the prohibition of
the inter-slave trade between the several States; and when, by
the increase of federal representation, it attains the power, a re-
organization of the Federal Judiciary, so as to abolitionize the
Supreme Court of the United States; and finally, by a series of
measures, such as have been indicated, or by constitutional
amendments, to extinguish the branded barbarism from the soil
of the United States, and if need be bring forward to fhe accom-
plishment of that object an " irrepressible conflict." These pur-
poses, so far as not openly declared as the principles of that
party, we apprehend to be its ulterior designs.
Resolved, That we believe the institution of slavery promotive
of the happiness of all classes of the people in those States where
it exists, the rich and the poor, the master and the slave; and
that history and experience teach us that our own prosperity, in
every department of social and national greatness, is too inti-
mately dependent thereon to yield it, against our own consent,
without an irrepressible conflict, and, if need be, a deadly conflict.
Resolved, That we deem this occasion not inappropriate to the
expression of our unqualified opposition to the re-opening of the
African slave trade.
Resolved, That we are opposed, in the present crisis, to the
coercion, by the General Government, of any Southern State or
its citizens, for the reason, among others, that such coercion, would
inevitably lead to a general civil war.
Resolved, That we pre in favor of calling a convention of dele-
gates, in our State, to consider the present condition of affairs,
and to demand of the Federal Government, the protection of pur
rights ; but if said convention be called, and should an ordinance
of secession be passed bv them, it should be submitted to and
ratified by a majority of tne qualified voters in the State before it
takes effect.
Which resolutions lie over under the rule.
Mr, Butler offered House Resolution No. 34, as follows:
Be it resolved by the General Assembly of the State of Tennessee,
That our Senators in Congress be, and they are hereby in-
structed, to vote against the confirmation of any man to office
who endorsed an infamous libel upon the South, known as the
Helper book, and that the Governor is hereby requested to for-
58
ward a copy of this resolution to each of our Senators in Con-
gress.
Be it further resolved, That the people of Tennessee receive
the report of the appointment of William H. Seward to a posi-
tion in the Cabinet of the incoming administration as further evi-
dence of hostility to the institutions of the South, and the policy
he has advocated in all his speeches upon the subject of domestic
slavery shall be attempted to be inaugurated with said administra-
tion, the South has but little hope of a settlement of existing
difficulties between her and the North.
Be it further resolved, That Tennessee is looking with much
anxiety to the policy that may be intimated in the speech to be
delivered in the Senate of the United States this day ; and if he
shall reiterate the doctrines of his Rochester harangue, Tennes-
see will take due notice thereof, and govern herself accordingly.
Which resolution lies over under the rule.
Mr. Lea offered House Resolution No. 355 as follows :
Whereas, The Southern States have exhausted every Constitu-
tional remedy, and made appeal after appeal to the Northern
States to respect their rights under the Constitution in the Union,
which appeals have been unheeded, and Black Republicanism is
still uncompromising, bold, and insolent; and whereas a number
of sister Southern States have severed their connection with thei<
unnatural Northern sisters, and for the rectitude of their course,
appeal to a civilized world and a just God ; therefore,
Be it resolved by the General Assembly of the State of Tennessee,
That it is the sense of this General Assembly that Tennessee,
being identified in interest with the Southern States, should im-
mediately take her position with the Southern States which have
seceded from the Union controlled by a party who know no con-
stitutional right, and who are deaf to every appeal of justice.
Which resolution lies over under the rule.
Mr. IIebb offered House Resolution, No. 36, as follows :
Whereas the public domain having been acquired by the corn*
mon blood and treasure of the North and South, and there is a
design on the part of the North to wrongfully exclude the South
from any portion of the public territory; therefore,
Be it resolved, That our Senators and members of Congress be
directed to use their influence in getting an act passed to convey,
by the General Government to the Southern States, their portion
of the public lands, to be used as they think proper. The agree-
ment shall be between the Governors of the Southern States
and the Federal Government; and binding forever.
Which resolutions lie over under the rule one day.
Mr. Farrelly offered House Resolution No. 37, as follows:
Resolved by the General Assembly of the State of Tennessee,
That we will assert all of our rights under the Constitution, and
resist Northern aggression to the last extremity.
59
2. Resolved, That Tennessee is a sovereign State, and true to
the institutions of the South, and spurns dictation from all
quarters.
3. That party lines are no longer recognized in Tennessee.
Which resolutions lie over under the rule.
Mr. Bledsoe introduced House Bill No. 21, an act to protect
Southern rights;
Mr. Trewhitt introduced House Bill No. 22, a bill to test the
sense of Tennessee as to Union or Disunion ;
Which were severally passed first reading.
Mr. Lockhart, from the Committee on Enrolled Bills, made the
following report:
The Committee on Enrolled Bills has had House Resolution
No. 27 under consideration, and find it correctly engrossed. The
Committee has also examined House Resolution No. 11 and 12,
and find them correctly enrolled, and ready for the signature of
the Speaker.
H. C. LOCKHART, Vhairman.
Mr. Sheid called up his motion to reconsider the vote passing
House Bill No. 14, to relieve tax-payers.
Which motion prevailed; whereupon Mr. Sheid offered the fol-
lowing amendment:
Be it further enacted, That nothing in this act shall be so con-
strued as to authorize a revenue* collector or collectors to with-
hold any part of the revenue that is now collected by the time
now specified by law.
Be it further enacted, That it shall be the duty of each County
Court Clerk to settle with the several revenue collectors, to ascer-
tain the amount collected.,
On motion of Mr." Baker of Perry, the bill and amendments
were re-referred to the Distress Committee.
The House resumed consideration of the unfinished business of
yesterday, being the consideration of House Bill, No. 11, to pro-
vide for a convention of the people of Tennessee, the question
being upon the adoption of Mr. Cantt's amendment.
Mr. Jones offered the following amendment in lieu of Mr.
Gantt's amendment:
Be it lurther enacted, That the action of the convention shall
be submitted to the people, upon reasonable notice, for ratifica-
tion or rejection, and shall be of no binding force unless it is adop-
ted and ratified by a majority of the qualified voters of the people
of Tennessee.
Mr. Beatty moved to add to the end of section the words, "voting
>in said election."
Which motion to amend failed.
Yeas
Nays
25
42
60
Representatives voting in the affirmative are:
Messrs. Baker of Perry, Baker of Weakley, Barksdale, Bayless,
Beatty, Bennett, Cowden, Critz, Doak, Frazier, 'Gantt, Harris,
Hebb, Ingram, Kennedy, Porter, Sheid, Smith, Sowell, Trevitt,
Vaughn, White of Dickson, Whitmore, Williams of Hickman and
Mr. Speaker Whitthorne.
Those voting in the negative are :
Messrs. Armstrong, Bicknell, Brazelton, Britton, Butler, Cald-
well, Cheatham, Davis, Dudley, East, Ewing, Farrelly, Ford, Gil-
lespie, Gorman, Greene, Havron, Hurt, Jones, Johnson, Kenner,
Ivincaid of Anderson, Kincaid of Claiborne, Lockhart, Martin,
Mavfield, McCabe, Morris, Morphis, Norman, Pickett, Richardson,
Roberts. Russell, Senter, Shrewsbury, Trewhitt, White of David-
son, Williams of Franklin, Williamson, Woods and Mr. Woodard.
Mr. Britton obtained leave of absence for Mr. Nail until Mon-
day next.
Mr. Bennett offered the following amendment:
Provided, "That the people of the State shall direct their dele-
gates elected to the Convention to submit the same for their rati-
flcation.
Which amendment, on motion of Mr. Havron, was laid upon
the table.
Yeas 38
Nays 29
Representatives voting in the affirmative are:
Messrs. Armstrong, Bicknell, Bledsoe, Brazelton, Britton, But-
ler, Caldwell, Cheatham, Davis, East, Ewing, Farrelly, Gillespie,
Gorman, Greene, Havron, Hurt, Jones, Johnson, Kenner, Kincaid
of Anderson, Kincaid of Claiborne, Martin, Mayfield, McCabe,
Morris, Morphis, Norman, Pickett, Porter, Richardson, Russell,
Senter, Shrewsbury, Trewhitt, White of Davidson, Williamson
and Mr. Woodard.
Those voting in the negative are:
Messrs. Baker of Perry, Baker of Weakley, Barksdale, Bay less,
Beatty, Bennett, Cowden, Critz, Doak, Ford, Frazier, Gantt, liar-
ris, Hebb, Ingram, Kennedy, Lockhart, Roberts, Sheid, Smith,
Sowell. Trevitt, Vaughp, White of Dickson, Whitmore, Williams
of Franklin, Williams of Hickman, Woods and Mr. Speaker
Whitthorne.
Mr. Vaughn offered to amend Mr. Jones' amendment in lieu, as
follows:
Provided, That nothing in this act shall be so construed as to
deny the right of the people to alter, reform or abolish the Gov-
eminent in such manner as they tuny think proper, and in the ex-
ercise of this right, they have the further right to give such in-
structions to the delegates they may select to the said convention
61
as they may see proper, either at the time of or after their elec-
tion, on the contrary are hereby distinctly affirmed.
Mr. Morphis demanded the previous question; which was sus-
tained.
Mr. Vaughn's amendment was then adopted.
Yeas 35
Nays 32
Representatives voting in the affirmative are :
Messrs. Baker of Perry, Baker of Weakley, Barksdale, Bayless,
Beatty, Bennett, Britton, Cowden, Critz, Doak, Ford, Frazier,
Gantt, Harris, 11 ebb, Hurt, Ingram, Jones, Johnson, Kennedy,
Lockhart, Porter, Roberts, Sheid, Smith, Sowell, Trevitt, Vaughn,
White of Dickson, Whit trio re, Williams of Franklin, Williams of
Hickman, Woods, Woodard and Mr. Speaker Whitthorne.
Those voting in the,negative are:
Messrs. Armstrong, Bicknell,, Bledsoe, Brazelton, Butler, Cald-
well, Cheatham, Davis, Dudley, East, Evving, Farrelly, Gillespie,
Gorman, Greene, Ilavron, Kenner, Kincaid of Anderson, Kincaid
of Claiborne, Martin, McCabe, Morris, Morphis, Norman, Pickett,
Richardson, Russell, Shrewsbury, Trewhitt, White of Davidson
and Mr. Williamson.
Mr. Jones' amendment in lieu, as amended, was then rejected.
Yeas 30
Nays • 38
Representatives voting in the affirmative are:
M essrs. Baker of Perry, Baker of Weakley, Barksdale, Bayless,
Beatty, Bennett, Cowden, Critz, Doak, Ford, Frazier, Gantt, Har-
ris, Hebb, Ingram, Kennedy, Lockhart, Porter, Roberts, Sheid,
Smith, Sowell, Trevitt, Vaughn, White of Dickson, Whitmore,
Williams of Franklin, Williams of Hickman, Woods and Mr.
Speaker Whitthorne.
Those voting in the negative are :
Messrs. Armstrong, Bicknell, Bledsoe; Brazelton, Britton, But-
ler, Caldwell, Cheatham, Davis, Dudley, East, Ewing, Farrelly,
Gillespie, Gorman, Greene, ilavron, Hurt, Jones, Johnson, Ken-
ner, Kincaid of Anderson, Kincaid of Claiborne, Martin, Mayfield,
McCabe, Morris, Morphis, Norman, Pickett, Richardson, Russell,
Senter, Shrewsbury, Trewhitt, White of Davidson, Williamson
and Mr. Woodard.
Mr. Jones' original amendment was then adopted.
Yeas 44
N ays • • 23
Representatives voting in the affirmative are:
Messrs. Armstrong, Bicknell, Bledsoe, Brazelton, Britton, But-
ler, Caldwell, Cheatham, Davis, Dudley, East, Ewing, Farrelly,
62
Gillespie, Gorman, Greene, Havron, Ilebb, Hurt, Jones, Johnson,
Kenner, Kincaid of Anderson, Kincaid of Claiborne, Martin, May-
field, MeCabe, Morris, Morphis, Norman, Pickett, Porter, Richard-
son. Roberts, Russell, Senter, Sheid, Shrewsbury, Trewhitt, White
of Davidson, Williams of Franklin, Williamson, Woods and Mr.
W oodard.
Those voting in the negative are :
Messrs. Baker of Weakley, Barksdale, Bayless, Beatty, Bennett,
Cowden, Critz, Doak, Ford, Frazier, Gantt, Harris, Ingram, Ken-
nedy, Lockhart, Smith, Sowell. Trevitt, Vaughn, White of Dick-
son, Whitmore, Williams of Hickman, and Mr. Speaker Whit-
thorne.
The bill, as amended, was then passed upon its third reading.
Yeas 68
Nays - • • *00
Representatives voting in the affirmative are :
Messrs. Armstrong, Baker of Perry, Baker of Weakley, Barks-
dale, Bayless, Beatty, Bennett, Bicknell, Bledsoe, Brazelton, Brit-
ton, Butler, Caldwell, Cheatham, Cowden, Critz, Davis, Doak,
Dudley, East. Ewing, Farley, Farrelly, Ford, Frazier, Gantt, Guy,
Gillespie, Gorman, Greene, ffavron, Harris, Hebb, Hurt, Ingram,
Jones, Johnson, Kenner, Kennedy, Kincaid of Anderson, Kincaid
of Claiborne, Lea, Lockhart, Martin, Mayfield, McCabe, Morris,
Morphis, Norman, Pickett, Porter, Richardson, Roberts, Russell,
Senter. Sheid, Shrewsbury, Smith, Sowell, Trevitt, Trewhitt,
Vaughn, White of Davidson, White of Dickson, Whitmore, Wii-
lims of Franklin, Williams of Hickman, Williamson, Woods,
Woodard, and Mr. Speaker Whitthorne.
It was ordered that the bill be transmitted to the Senate.
On motion'of Mr. Bennett, the House adjourned until 10 o'clock
Monday morning.
MONDAY MORNING, JANUARY 14, 186).
The House met pursuant to adjournment.
Mr Speaker Whitthorne in the Chair.
Prayer by the Rev. Mr. Kerr.
The Journal of Saturday was read and approved.
Mr. Johnson presented complimentary tickets in the name of
the officers of the East Tennessee and Virginia Railroad Com-
63
pany, to the officers and members of the House of Represents-
tives.
Mr.* Armstrong presented like tickets from the President of the
East Tennessee and Georgia. Railroad Company.
On motion of Air. Ewing, the invitations were accepted, and
the thanks of this House were returned for such courtesies.
Mr. Martin, from the Distress Committee, reported House Bill,
No. —, to amend sections 2 and 7 of the act of 21st February,
I860, ch. 41, in lieu of House Bills, Nos 1, 2, 3, 4, 5 and 12.
Air. Barksdale, from the Joint Select Committee on Federal
Relations, reported that they had had under consideration House
Resolutions, Nos 24 and 25 ; and also Senate Resolution, No. 5,
and recommend resolutions in lieu, which are herewith submitted.
BARKSDALE, Chairman.
Which resolutions in lieu, are as follows :
The success of the Black Republican party, and the secession of
the Cotton States, may be treated as accomplished facts. These
events press upon Tennessee questions of the gravest and highest
moment. She cannot waive them—her safety and her honor de-
mand that she must meet them.
She is vitally interested in slavery as a political institution, and
in slaves as property. Her slaves, of right, are entitled to the
status of all other property, both under the Federal Constitution
and the local law; but whilst every other species of property is
permitted to spread freely throughout the States and Territories,
at the will of the owner, this alone is marked out for destruction,
by the sentiment which called the Black Republican party into
being. The basis of its organization is hatred to slavery ; and so
exclusively is this the case, that if the sentiment of hate were
withdrawn, it would perish in an hour. It denies that the Consti-
tution recognizes and protects slaves as property ; it holds that it
has the power to exclude slave property from the common Terri-
tories, in the face of an express decision of the Supreme Court of
the United States; its avowed policy is, that slavery is a wrong,
and to be dealt with as such; a sin for which not only the slave-
holding States are responsible, but which rests also upon the non-
slaveholding States ; that it is to be confined in perpetual seige
in the States where it now exits, and placed in a course of ulti-
mate extinction. Its President-elect champions the sentiment
that it is and must continue to be the subject of a perpetual strug-
gle, until it prevails everywhere, or is abolished everywhere in the
broad borders of the Republic.
This sentiment has taken possession of all the State Govern-
ments in the north ; and, finally, in the recent Presidential elec-
tion, by a purely sectional vote, has elected its candidate to the
office of President. On the 4th of March next, it will be duly
installed into all the chief seats of power in the Federal Union.
The purse, the sword, the- army, the navy, then pass into its
64
hands. It cannot be doubted for a moment that this power will
be used to the prejudice of slave property—which will then be
exposed to its attacks. As property, it will not receive the fos-
tering care of the General Government, but it will be outlawed
—treated as a sin—dealt with as a wrong.
Already in a minority on this question, the secession of the cot-
ton States leaves us in a hopeless minority. It takes not the
prescience of prophecy to foretell, that in a few years, under these
circumstances, if we tamely submit to the dominion of this anti-
slavery spirit, that in all the boundaries of Tennessee, " the sun
will not rise upon a slave, or set upon a master." Our slave pro-
perty is interwoven with the whole frame work of our society,
and identified with all our industrial pursuits ; its destruction in-
volves degradation and ruin. It f- vain to think of protecting it
under the present forms of the Constitution, Tennessee has loved
the Federal Union, and fondly cherished the hope that it was des-
tined to be perpetual; and now, surrounded by the great and im-
pressive facts of the hour, she feels it her solemn duty to make a
last effort for the reconstruction of that Union, and the protection
of her honor and property therein ; failing in this, she will be
driven to resume her delegated powers, and unite her destiny
with her sister slave States in a Southern Union.
Therefore be it resolved by the General Assembly of Tennessee,
1. That a Convention of all the slave-holding States shall assem-
ble as early as practicable, to define and adopt a basis upon
which, if possible, the Union may be reconstructed, and that in
the opinion of the General Assembly of the State of Tennessee,
said basis of adjustment should embrace the following proposi-
tions, as amendments to the Federal Constitution, to-wit:
1. A declaratory amendment to the Federal Constitution, to
the effect that, under it African slavery as it exists in the slave
States, is pr operty, and entitled by it, as well as the local law to
the States of every other species of property.
2. In all-the territory of the United States now held, or hereaf-
ter acquired, situated north of latitude thirty-six degrees and thirty
minutes, slavery or involuntary servitude, except as a punishment
for crime, is prohibited, while such territory shall remain under
territorial government. In all the territory south of said line of
latitude, slavery of the African race is hereby recognized as exist-
ing, and shall not be interfered with by Congress, nor by the terri-
torial Legislature; but shall be protected as property by all the
departments of the government during its continuance ; and when
any territory, north or south of said line, within such boundaries
as Congress may prescribe, shall contain the population requisite
for a member of Congress, according to the then federal ratio of
representation of the people of the United States, it shall, if its
form of government be republican, be admitted into the Union on
65
an equal footing with the original States, with or without slavery,
as the Constitution of such new htate may provide.
3. Congress shall have power to abolish slavery in places under
its exclusive jurisdiction, and situate within the limits of States
that permit the holding of slaves.
4. Congress shall have no power to abolish slavery within the
District of Columbia, so long as it exists in the adjoining States
of Virginia and Maryland, or either, nor without the consent of
the inhabitants, nor without just compensation made to such own-
ers of slaves as do not consent to such abolishment. Nor shall
Congress at any time prohibit officers of the Federal Government
or members of Congress, whose duties require them to be in said
District, from bringing with them, their slaves, and holding them
as such, during the time their duties may require them to remain
there, and afterwards taking them from the District.
5 Congress shall have no power to prohibit or hinder the trans-
portation of slaves from one State to another, or to a territory in
which slaves are by law permitted to be held, whether that trans-
portation be by land, navigable rivers, or by the sea.
6. That, in addition to the provisions of the third paragraph of
the second section of the fourth article of the Constitution of the
United States, Congress shall have power to provide by law, and
it shall be its duty to so provide, that the United States shall pay
to the owner who shall apply for it, the full value of his fugitive
slave, in all cases, when the marshal or other officer, whose duty
it was to arrest said fugitive, was prevented from so doing by
violence or intimidation, or when, after arrest, said fugitive was
rescued by force, and the owner thereby prevented and obstructed
in the pursuit of his remedy for the recovery of his fugitive slave,
under the said clause of the Constitution and the laws made in
pursuance thereof. And in all such cases when the United States
shall pay for such fugitive, they shall have the right, in their own
name, to sue the county in which said violence, intimidation, or
rescue was committed, and to recover from it, with interest and
damages, the amount paid by them for,said fugitive slave. And
the said county, after it has paid said amount to the United States,
may, for its indemnity, sue and recover from the wrong-doers, or
rescuers, by whom the owner was prevented from the recovery of
his fugitive slave, in like manner as the owner himself might
have sued and recovered.
7. No future amendment of the Constitution shall affect the five
preceding articles, nor the third paragraph of the second section of
the first article of the Constitution, nor the third paragraph of the
second section of the fourth article of said Constitution, and no
amendment shall be made to the Constitution which will author-
ize or give to Congress any power to abolish or interfere with
slavery in any of the States by whose laws it is or may be allowed
or permitted.
5 H
66
8. An amendment whereby this property shall be rendered se-
cure in transit through the non slaveholding States, and whilst in
such States temporarily sojourning with the owner.
9. For amendment to the effect, that all fugitives are to be
deemed those offending the laws within the jurisdiction of the
State, and who escape therefrom to other States, and that it is
the duty of each State to suppress armed invasion of another
State. • .
10. Resolved, That Tennessee suggest Richmond, Va., and the
— day of January, 1861, as the time and place for the assem-
hling of said Convention; that not less than twelve of the slave-
holding States shall be represented, in order to constitute a con-
vention, and that the basis of settlement agreed on by them,
shall be forthwith submitted to the non-slaveholding States for
adoption or rejection.
11. Resolved, That the General Assembly of Tennessee appoint
a number of delegates to said Convention, of our ablest and
wisest men, equal to our whole delegation in Congress.
12. Resolved, That one delegate be appointed to each of the
slave States, to urge their participation in said Convention, and
that a copy of these resolutions be forwarded by the Governor to
the Governors of the several slaveholding States.
13. Resolved, That should such plan of adjustment not be ac-
ceded to by the requisite number of non-slaveholding States to
perfect such amendments to the Constitution, it is the opinion of
this Legislature, that the slaveholding States, in general Conven-
tion assembled, ought to adopt for themselves the Constitution of
the United States, with such amendments as will make secure
their present rights under the Constitution ; and that they should
invite into a Union with them all States of the North which are
willing to abide such amended Constitution and frame of Gov-
ernment;—severing, at once and forever, all connections with
States refusing such reasonable guarantees to our future safety.
Such renewed conditions of Federal Union being first submitted
for ratification to a Convention of all the States respectively.
Mr. Martin, from the Distress Committee, to which had been
referred House Bill, No. 14, a bill for the relief of the people, re-
ported a bill in lieu.
Mr. Porter offered House Resolution, No. 38, as follows:
Resolved, That this General Assembly has heard with profound
regret of the resolutions recently adopted by the Legislature of
the State of New York, tendering men and money to the President
of the United States, to be used in coercing certain sovereign
States of the South into obedience to the Federal Government.
Resolved, That this General Assembly receives the action of the
Legislature of New York, as the indication of a purpose upon the
part of the people of that State to further complicate existing diffi-
culties, by forcing the people of the South to the extremity of sub-
mission or resistance; and so regarding it, the Governor of the State
6T
of Tennessee is hereby requested to inform the Executive of the
State of New York, that it is the opinion of this General Assembly,
that whenever the authorities of that State shall send armed forces
to the South for the purpose indicated in said resolutions, the peo-
pie of Tennessee, uniting with their brethren of the South, will
welcome them with bloody hands to hospitable graves.
Which resolutions, under the rule, lie over one day.
Mr. Bicknell offered House Resolution, No. 39, as follows :
Resolved, That the Committee on Ways and Means be, and
they are hereby, instructed to ascertain what additional amount
of revenue, if any, is necessary to meet the extraordinary emer-
gencies of the State, and the ways and means to provide such
revenue—and that they report to this House, by bill or otherwise,
at the earliest practicable day.
Which resolution, under the rule, lies over one day.
Mr. McCabe offered House Resolution, ,No. 40, as follows:
Resolved, That all laws of the free States which nullify or ira-
pair the full and fair operation of the Fugitive Slave Law, are in
coniflct with the National Constitution, and we demand their re-
peal at the earliest practicable moment.
Resolved, That we consider the election of a President by one
section of the Union on the ground of opposition to the institu-
tions of the other, as a severe test of the patriotism and forbear-
ance of the minority, but that notwithstanding this ill-advised ex-
periment on the harmony of the Union, we do not regard the
election of Abraham Lincoln as a cause for its dissolution.
Resolved, That we have in the majority of both Houses of fhe
next Congress a sufficient security against any designs of aggres-
sion upon the rights of the South, and that it is the duty of the
Southern States to avail themselves of this fact in the operation
of our institutions, and not desert the Union at this crisis, when
we have a victory instead of a defeat, in the main departments of
the Federal Government, especially as these departments are
'sustained by a majority of the popular vote of the United States.
Resolved, That if this anti-slavery party should increase in
strength, and be able to carry out its purposes in the use of the
Federal Government, the South has ample means of resistance
and is fully able at any time to resist unconstitutional aggressions,
and we have, therefore, no need to adopt hastily this last resort.
Resolved, That the claim set up by a majority of the free States
to all the territory, and the assumption of the right to restrict the
South from the occupation of any of it with her institutions, are
palpably unjust and unconstitutional, and will not be submitted to
by a free people jealous of their rights.
Resolved, That it is expedient to call a Convention of the bor-
der free and slave States, and such other States as may see fit to
unite with them to consider the best mode of settlement of the
68
questions which now agitate and threaten to destroy the Union of
these States.
Resolved, That we deplore the existence of a Union to be held
together by the sword with laws to be enforced by standing ar-
mies. It is not such a Union as our fathers intended, and not
worth preserving.
Resolved, That if the State of Tennessee is represented in any
convention of States, her representation should be chosen by the
people themselves.
Resolved, That we hereby recommend the adoption of the pro-
position of Senator John J. Crittenden, as a fair and honora-
ble adjustment of the difficulties which divide and distract the
people of our beloved country—which are as follows :
JOINT RESOLUTION
Proposing certain Amendments to the Constitution of the United
States.
Whereas, Serious and alarming dissentions have arisen between
the Northern and Southern States, concerning the rights and se-
eurity of the rights of the slaveholding States, and especially their
rights in the common territory of the United States; and where-
as, it is eminently desirable and proper that "those dissentions,
which now threaten the very existence of this Union, should be
permanently quieted and settled by constitutional provisions,
which shall do equal justice to all sections, and thereby restore to
the people that peace and good will which ought to prevail be-
tween all the citizens of the United States; therefore,
Resolved by the Senate and House of Representatives of the United
States of America, in Congress assembled, two-thirds of both Houses
concurring, That the following articles be, and are hereby pro-
posed and submitted as amendments to the Constitution of the
United States, which shall be valid to all intents and purposes as
part of said Constitution, when ratified by conventions of three-
fourths of the several States.
Article 1. In all the territory of the United States now held or
hereafter acquired, situated North of latitude thirty-six degrees
and thirty minutes, slavery or involuntary servitude, except as a
punishment for crime, is prohibited, while such territory shall re-
main under territorial government. In all the territory South of
said line of latitude slavery of the African race is hereby recog-
nized as existing, and shall not be interfered with by Congress;
. but shall be protected as property by all the departments of the
territorial government during its continuance; and when any ter-
ritory, north or South of said line, within such boundaries as Con-
gress may prescribe, shall contain the population requisite for a
member of Congress, according to the then Federal ratio of rep-
iresentation of the people of the United States, it shall, if its form
69
of government be republican, 6e admitted into the Union on an
equal footing with the original States,, with or without slavery, as
the Constitution of such new State may provide.
Art. 2 Congress shall have no power to abolish slavery in pla-
ces under its exclusive jurisdiction, and situate within the limits of
States that permit the holding of slaves.
Art. 3. Congress shall have no power to abolish slavery within
the District of Columbia, so long as it exists in the adjoining States
of Virginia and Maryland, or either, nor without the consent of the
inhabitants, nor without just compensation made to such owners
of slaves as do not consent to such abolishment. Nor shall Con-
gress at any time prohibit officers of the Federal Government or
members ot Congress, whose duties require them to be in said
District, from bringing with them their slaves, and holding them,
as, such, during the time their duties may require them to remain
there, and afterwards taking them from the District.
Art. 4. Congress shall have no power to prohibit or hinder
the transportation of slaves from one State to another, or to a
territory in which slaves are by law permitted to be held, whether
that transportation be by land, navigable rivers, or by the sea.
Art. 5. That, in addition to the provisions of the third para-
graph of the second section of the fourth article of the Constitu-
tion of the United States, Congress shall have power to provide
by law, and it shall be its duty to so provide, that the United
States shall pay to the owner who shall apply for it, the full value
of his fugitive slave, in all cases, when the marshal, or other offi-
cer, whose duty it was to arrest said fugitive, was prevented from
so doing by violence or intimidation, or when, after arrest, said
fugitive was rescued by force, and* the owner thereby prevented
and obstructed in the pursuit of his remedy for the recovery of his
fugitive slave, under the said clause of the Constitution and the
laws made in pursuance thereof. And in all such cases, when
the United States shall pay for such fugitive, they shall have the
right, in their own name, to sue the county in which said violence,
intimidation, or rescue was committed, and to recover from it,
with interest and damages, the amount paid by them for said fu-
gitive slave. And the said county, after it has paid said amount
to the United States, may, for its. indemnity, sue and recover from
the wrong doers, or rescuers, by whom the owner was prevented
from the recovery of his fugitive slave, in like manner as the owner
himself might have sued and recovered.
Art. 6. No future amendment of the Constitution shall affect
the five preceding articles, nor the third paragraph of the second
section of the first article of the Constitution, nor the third para-
graph of the second section of the fourth article of said Constitu-
tion, and no amendment shall be made to the Constitution which
will authorize or give to Congress any power to abolish or inter-
70
fere with slavery in any of the States by whose laws it is or may
be allowed or permitted.
Resolved, That we tender cordial greeting to our faithful allies
of the North who have so long battled for our rights and endeav-
ored to beat back the tide of fanaticism in their midst, we hail
them as brethren, good and true, and bid them stand firmly by us
in the preservation of our General Government in its whole con*
stitutional vigor as the "sheet anchor" of our peace at home and
our safety abroad.
Resolved, That we cannot regard the Constitution of the United
States as a mere compact to be broken at the will of each, but as
more and greater than that—the great bond of the people, estab-
lishing a more perfect Union for themselves and their posterity,
only to be dissolved by common consent or revolution.
Mr. Hebb offered House Resolution, No 41, as follows:
Whereas, The people of Tennessee have reason to believe that
our common country is in imminent danger of revolution and
civil war; therefore,
Be it resolved, That this General Assembly proceed in Conven-
tion, on Wednesday, January 16, to elect fifteen delegates, one to
each Southern State—who shall request of the Governor of the
same to lay these facts before their Legislatures and Conventions,
and the people; and that it is necessary for our common defence
that there should be, immediately, a Congress of Southern States,
who shall assemble at Richmond, Virginia, on the 16th day of
February, 1861, and that a plan shall be then laid down for the
future operations of said States. That the weak States should,
by all principle of honor and fairness, come to the strong; there-
fore,
Be it resolved, That the States of Virginia, Maryland, North
Carolina, Kentucky, Tennessee and Missouri—the border States
where all the danger and trouble will lay—be requested, in said
Congress, to lay down a plan for the future operation, and re-
quest the extreme Southern States to adhere to the same.
Which resolutions, under the rule, lie one day over.
Mr. Ewing offered House Resolution No. 42, as follows :
Whereas, Many disaffected citizens have long labored to pre-
pare the public mind for a dissolution of the Union and the
formation of a separate Confederation, by " exciting a belief that
there is a real difference of local interests and viewsand
whereas they have at length, not only publicly and daringly
avowed their flagitious designs, but succeeded in '* precipitating"
us into the vortex of revolution; and whereas the experience of
all history to the present time affords the most complete proof
that such dissolutions of existing forms of government, and the
formation of new ones, have almost invariably produced bloody
civil wars, the greatest curse that ever afflicted mankind; and
whereas the present form of the General Government, if properly
71
supported by patriot zeal in every section, is calculated to produce
as high a degree of happiness as has ever fallen to the lot of any
nation ; and whereas the separate Confederacies, contemplated as
substitutes for the present General Confederacy, even if it were
possible to establish them peaceably, would be pregnant with in-
terminable future wars, such as have almost constantly prevailed
between neighboring States, with rival interests, real or supposed,
and would hold out every possible inducement, and every desir-
able facility to foreign nations, to array each against the other,
and thus subjugate the whole, or at least render them dependent
upon, or subservient to those foreign nations; and whereas,
finally, it would be absolute madness to throw away the incalcu-
lable blessings we enjoy, for the mere chance of bettering our
condition, and still more for the absolute certainty of rendering it
much worse. Therefore.
Be it resolved by the General Assembly of the State of Tennessee,
on behalf of the people whom we represent, That we will yet hold
to our National Union, " as the palladium of our tranquility at
home—of our peace abroad—of our safety, prosperity, and that
liberty which we were taught by our fathers to cherish above all
things.
2. That as we desire only justice at the hands of our Northern
brethren, we are yet willing to rely on the effect of mutual inter-
ests, and, may we not add, wishes, in promoting a cordial expla-
nation and fair adjustment of every cause of misunderstanding;
and above all, we have confidence in the government of our
country, that the rights of no State, or citizen, will ever be abandon-
edi and that no argument in favor of outrage or usurpation will
ever be derived from our unselfish devotion to a Constitutional
Union
3. That in reference to the recent election of Chief Magistrate,
by a faction hostile to the South, it is sufficient that we know his
power to be temporary, and subject to the same constitutional
checks which hedged his predecessors, and we, therefore, agree
with Thomas Jefferson, that "it is of little consequence who gov-
ern us, if they sincerely and zealously cherish the principles of
Union-and Republicanism."
4. That we believe it equally repugnant to these " principles of
Union" and subversive of State rights, that powers should be
vested in the General Government to abolish or to perpetuate
African slavery. ,
5. That as a finality to this most dangerous political problem,
we heartily endorse the proposition recently offered by Kentucky's
patriot statesman, John J. Crittenden ; and in furtherance of a
plan of concurrent effort, we recommend the assembling of a
Convention of the several States, to be hold en in the city of Rich-
mond, in the State of Virginia, on the 22d day of February, 1861;
and that the Legislatures of the several States be, and they are
72
hereby, requested to appoint delegates to said Convention. And
we earnestly entreat the cordial co-operation of our sister States
in this final effort to save the ark of our covenanted liberties from
destruction.
The resolutions, under the rule lie over.
On motion, 200 copies of the resolutions were ordered to be
printed for the use of the House.
Mr. Kennedy offered House Resolution No. 43, as follows:
Whereas several of the Southern States have dissolved their
political connection with the Confederation of States of this
Union; and whereas the President of the United States has been
and is now attempting to enforce the execution of the federal
laws within those States which have seceded from the Confedera-
tion, by bringing into requisition military and naval forces.
Whereas such a policy on the part of the Federal Government
will eventually, in the opinion of this General Assembly, produce
the most disastrous consequences, by inciting civil war, and lead-
ing to military despotism.
Resolved, therefore, That we, the Representatives of the peo*
pie of Tennessee, do most solemnly, but respectfully, protest
against the exercise of such power on the part of the General
Government for the execution of the federal laws in those States
seceding.
Resolved, further, That a joint select committee be appointed
by this General Assembly, consisting of on the part of this
House, and a like number on the part of the Senate, to prepare
a protest embracing the sentiments and objects of these resolu-
tions.
Resolved, That it is hereby made the duty of the Governor to
transmit a copy of this protest to the President of the United
States, and to the Governors of each of the States that has not
dissolved its connection with the Confederation of States.
Which resolutions, under the rule, lie one day over.
The following House Bills were introduced and passed first
reading:
Mr. Bicknell—House Bill No. 23, for the relief of the banks and
the people.
Mr. Farrelly—No. 24, a bill to relieve the people.
The House took up Senate Message, and the Senate's amend-
ment to House Resolution No. 1, providing for six members of
the committee on the part of the Senate, was concurred in by the
House.
Senate Message, being Senate's amendment to House Resolu-
tion No. 3, providing for four members of the Committee on the
part of the Senate, was concurred in by the House.
Senate Message, being Senate's amendment to House Resolu-
tion No. 2, providing for six members of the committee on the
part of the Senate, was concurred in by the House.
73
Tbe following message was received from the Senate :
Mr. Speaker:
The Speaker of the Senate has signed enrolled resolution to pay
members and officers of the General Assembly their per diem as
it becomes due, and enrolled resolution in regard to the addresses
of the Commissioners from Alabama and Mississippi, and the
same have been deposited in the office of the Secretary of State.
The Senate has adopted Senate Resolution No. 8, for the relief
of Ed. Willis, of Wilson county, and the same is herewith trans-
mitted for the action of the House of Representatives.
The Senate has passed on third reading Senate Bill No. 3, to
amend the charter of the Bank of West Tennessee, and the same
is herewith transmitted for the consideration of the House of Rep-
resentatives.
The Senate has concurred in House Resolution No. 27, direc-
tory to the Supervisor of Banks, and the same is herewith returned
for enrolment.
Senate Message, being Senate Resolution No. 8, was taken up.
Mr. Martin offered to amend as follows:
Provided said Ed. Willis shall be entitled to his commissions.
Which was adopted.
Mr. Jones offered to amend as follows:
Be it further resolved,, That John W. Roberts, former collector
of Overton county, be released from all damage on taxes he has
paid over.
Which was adopted.
By leave of the House, Mr. Gantt withdrew House Bill No. 25,
for the relief of J. C. Vaughn, sheriff of Monroe county, and
offered it as an amendment; which was adopted.
Mr. Bledsoe offered to amend as follows:
Strike out J. C. Vaughn, and insert all collecting officers in the
State of Tennessee.
Which was rejected.
Mr. Johnson offered amendment No. 4, as follows:
Resolved further, That James Jones, late sheriff of Greene
county, be released from the payment of the damages recovered
against him in the Circuit Court of Greene county, for failing to
pay over at the time required by law the State revenue for the
year 1858.
Pending which, on motion, the bill was referred to the Distress
Committee. ■ .
On motion of Mr. Gantt, it was ordered that 200 copies of the
resolution in lieu of Mr. Davis' resolution, and also 200 copies of
Mr. Jon es' resolutions, be printed for the use of the House.
On motion of Mr. Dudley, Mr. Hurt was added to Committee
on Military Affairs.
74
Senate Bill No. 3, an act to amend the charter of the Bank of
West Tennessee, passed its first reading.
House Resolutions lying over under the rule, were taken up.
Resolution No. 4, upon our Federal Relations, introduced by
Mr. Hebb, was laid upon the table.
On motion of Mr. Jones, it was ordered that all resolutions
upon Federal Relations be referred to the Committee on Federal
Relations
On motion, the House adjourned till 2 o'clock, p. m.
AFTERNOON SESSION.
The House took up House Resolution, No. 31.
Mr. Whitthorne moved to strike out section and insert counties;
which was adopted. Also, strike out " and exchangeswhich
was adopted. And the resolution, as amended, was adopted.
Mr. Lockhart, from Committee on Enrolled Bills, made the fol-
lowing report:
The Committee on Enrolled Bills have examined House Bill
No. 3, and find it correctly engrossed.
On motion of Mr. Cheatham, the House adjourned until to-
morrow morning, 10 o'clock.
TUESDAY MORNING, JANUARY 16, 1861.
The House met pursuant to adjournment.
Mr. Speaker Whitthorne in the Chair.
The Journal of yesterday was read and approved.
Mr. Martin, from the Distress Committee, reported in favor of
laying House Bills Nos. 6, 7, and 10 upon the table. The Com-
mittee also recommend the passage of Senate Resolution No. 8,
for the relief of Ed. Willis, with all the amendments, except No. 2.
They recommend the following amendment in lieu of amend-
ment No. 4 :
75
Resolved further, That Jas. Jones, late sheriff of Greene county,
be released from the payment of six hundred and forty-six dollars
and sixty cents, that being the amount of damages, at 12£ per
cent., decreed against him at June Term, 1860, of the Circuit
Court of Greene County, for failure to pay over at the time re-
quired by law the State revenue for the year 1858.
The Committee offer the following amendments to House Bill
No. 15, to prevent sacrifice of personal estate :
In 9th line, strike out " three-fourths," and insert " two-thirds."
In 11th line, strike out "sixty days," and insert" four months."
To the first section add:
And when no sale is effected, the property levied upon may re-
main with the defendant, upon his giving bond and security for its
delivery to the officer on the day next appointed for a sale, but
death, or other providential destruction of 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.
The Committee reported a bill in lieu of House Bill No. 8, pre-
scribing the remedy for the collection of debts and relief of the
people.
The Committee ask to be discharged from the further considera-
tion of the memorial of U. T. Lea and forty others; which was
agreed to.
Mr. Barksdale, from the Committee on Federal Relations, made
the following report:
Resolution No. 21—Committee return the same, and ask to be
discharged.
Resolution No. 32—Committee ask to be discharged.
Resolution No. 18—Committee ask to be discharged.
Resolution No. 10—Committee ask to be discharged, having re-
ported resolution embracing the same subject-matter.
Resolution No. 28—Committee ask to be discharged.
Resolution No. 30—Committee ask to be discharged.
Resolution No. 9—Committee ask to be discharged.
-Resolution No. 42—Committee ask to be discharged.
Resolution No. 34—Committee ask to be discharged.
Resolution No. 38—Committee ask t« be discharged.
Resolution No. 22—Committee ask to be discharged.
Resolution No. 6—Committee ask to be discharged.
Resolution No. 20—Committee ask to be discharged, having
recommended resolutions on the same subject.
Resolutions adopted yesterday morning, re-recommended in
lieu of all the foregoing.
The Committee also recommend the adoption of resolutions
passed by the Senate, and referred to the Joint Select Committee.
They also recommend the adoption of a resolution in lieu, here-
with offered.
BARKSDALE, Chairman.
76
"Which resolution in lieu is as follows :
Resolved by the General Assembly of the State of Tennessee,
That in view of the imminent danger of civil war, this Assembly,
in behalf of the people of Tennessee, respectfully request, on
the one hand, of the President of the United States, and on the
other of the authorities of each of the Southern States, to the
end, that if possible, peace may yet be preserved ; that they will
reciprocally communicate assurances in response thereto to the
General Assembly of Tennessee now in session, that the statu
quo of all movements tending to occasion collision, and concern-
ing the forts and arsenals of the nation, shall on either hand be
strictly maintained for the pre-ent, except to repel any actual
aggression. The governor of this State is requested to communi-
cate these resolutions by telegraph immediately to the President
of the United States, and to each of the Governors of the South-
ern States.
Mr. Farrelly offered House Resolution No. 44. as follows :
Resolved by the General Assembly of the State of Tennessee, That
his Excellency the Governor be, and he is hereby authorized and
requested, to make inquiry of the different banks in the State
whether or not they are willing to loan the State money in the
present crisis of affairs; if so, how much, and upon what terms?
2. That the Governor is requested to act as soon as possible,
and inform this Assembly at his earliest convenience.
On motion, the rules were suspended, and the resolution adopted.
Representatives voting in the affirmative are :
Messrs. Baker of Perry, Baker of Weakley , Barksdale, Bayless,
Beatty, Bennett, Bicknell, Bledsoe, Butler, Cheatham, Cowden,
Doak, Dudley, Farley, Farrelly, Ford, Frazier, Gantt, Guy, Harris,
Hebb, Hurt, Ingram, Jones, Kennedy, Kincaid of Anderson, Lea,
Lockhart, Martin, Mayfield, Morris, Nail, Pickett, Porter, Richard-
son, Roberts, Shied, Shrewsbury, Smith, Sowell, Trevitt, Vaughn,
White of Davidson, White of Dickson, Whitmore, Williams of
Franklin, Williams of Hickman, and Mr. Speaker Whitthorne.
Those voting in the negative are :
Messrs. Bledsoe Caldwell, East, Gillespie, Gorman, Greene,
Havron, Johnson, Kenner, Kincaid of Claiborne, McCabe, Mor-
phis, Norman, Russell, Senter, Trewhitt, Williamson, Wisener,
and Mr. Woodard.
Ordered to be transmitted to the Senate.
Mr. Gorman offered House Resolution, No, 45, as follows :
Resolved by the Senate and House of Representatives of the Gen-
eral Assembly of the State of Tennessee, That we will take no
steps towards a dissolution of the Federal Government until we
shall have seen all fair- and honorable means of reconciliation
Yeas
Nays
47
19
77
between the Northern and Southern States exhausted. That we
will not despair of the hope of an amicable and peaceable adjust-
ment of the sectional difficulties as long as there is any prospect
of the success of the Crittenden propositions, and will therefore
await the defeat of the same before we take any step towards se-
cession on our part.
Resolved furthermore, That the said propositions of the Hon.
John J. Crittenden meet our approbation, and we believe them to
have emanated from the purest motives of patriotism upon the
part of that distinguished Senator.
Which resolution, under the rule, lies over.
Senate Bill, No. 3, to amend the charter of the Bank of West
Tennessee, passed its second reading.
House Resolution, No. 38, was taken up.
Mr. Caldwell moved to amend as follows:
Strike out quotation. Insert in the next to last line, after the
word "will,"—as one man, resist such invasion of the soil of the
South at any hazard and to the last extremity.
Mr. Williams of Hickman moved to lay the amendment upon
the table. Which motion failed.
Yeas
Nays
Representatives voting in the affirmative are:
Messrs, Baker of Perry, Baker of Weakley, Barkskale, Beatty,
Cowden, Doak, Farley, Farrelly, Ingram, Lea, Pickett, Sowell.
Vaughn, Whitmore, and Mr. Williams of Hickman.
Those voting in the negative are:
Messrs. Baylese, Bennett, Bicknell, Bledsoe, Brazelton, Britton,
Caldv^ell, Cheatham, Dudley, Ford, Frazier, Gantt, Gillespie, Gor-
man, Greene, Guy, Harris, Havron, Hurt, Hebb, Jones, Johnson,
Kenner, Kennedy, Kincaid of Anderson, Kincaid of Claiborne,
Lockhart, Martin, Mayfield, McCabe, Morris, Morphis, Nail, Nor-
man, Richardson, Roberts, Russell, Senter, Shied, Shrewsbury,
Smith, Trevitt, Trewhitt, White of Davidson, White of Dickson,
Williams of Franklin, Williamson, Wisener, Woods, Woodard,
and Mr. Speaker Whitthorne.
Mr. Porter then accepted Mr. Caldwell's amendment.
Whereupon Mr. Dudley offered the following resolution in lieu
of Mr. Porter's :
Resolved, That it is the sense of this General Assembly not to
express any opinion on the subject of Federal relations, but will
leave that subject to the action of the State Convention which
will meet at an early day.
Mr. Shied moved to lay the resolution in lieu upon the table.
Mr. Lea demanded the previous question. Which demand was
sustained.
18
51
78
Yeas
Nays
47
22
Representatives voting in the affirmative are :
Messrs. Armstrong, Baker of Perry, Baker of Weakley, Barks-
dale, Bayless, Bennett, Bledsoe, Brazelton, Britton, Cheatham,
Cow den, Doak, Parley, Farrelly, Ford, Frazier, Gantt, Guy, Har-
ris, Hebb, Hurt, Ingram, Jones, Kennedy, Kincaid of Anderson,
Lea, Lockhart, Mayfield, Morphis, Nail, Norman, Pickett, Porter,
Richardson, Roberts, Shied, Smith, Sowell, Trevitt, Vaughn,
White of Dickson, Whitmore, Williams of Franklin, Williams of
Hickman, Woods, and Mr. Speaker Whitthorne.
Those voting in the negative are:
Messrs. Bicknell, Caldwell, Dudley, East, Ewing, Gillespie, Gor-
man, Greene, Havron, Kenner, Kincaid of Claiborne, Martin,
McCabe, Morris, Russell, Senter, Shrewsbury, Trewhitt, White of
Davidson, Williamson, Wisener, and Mr. Woodard.
The resolution,,as amended, was then adopted.
Representatives voting in the affirmative are:
Messrs. Armstrong, Baker of Perry, Baker of Weakley, Barks
dale, Bayless, Beatty, Bennett, Bicknell, Bledsoe, Brazelton, Brit-
ton, Butler, Cheatham, Cowden, Doak, Dudley, East, Ewing, Far-
ley, Farrelly, Ford, Frazier, Gantt, Gillespie, Gorman Guy, Har-
ris, Hebb, Hurt, Ingram, Jones, Kennedy, Kincaid of Claiborne,
Lea, Lockhart, Martin, Mayfield, McCabe, Morris, Morphis, Nail,
Norman, Pickett, Porter, Richardson, Roberts, Shied, Shrewsbury,
Smith, Sowell, Trevitt, Vaughn, White of Davidson, White of
Dickson, Whitmore, Williams of Franklin, Williams of Hickman,
Williamson, Woods, and Mr. Speaker Whitthorne.
Those voting in the negative are:
Messrs. Greene, Havron, Kincaid of Anderson, Russell, Senter,
Wisener, and Mr. Woodard.
On motion, the immediate transmission of the resolution to the
Senate was ordered.
Senate resolution, No. 8, for the relief of Ed. Willis, of Wilson
county, was taken up, the committee's amendment adopted, and
the resolution as amended adopted.
A motion to transmit to the Senate failed.
Yeas * • -32
Nays 33
Representatives voting in the affirmative are:
Messrs. Barksdale, Bayless, Beatty, Bennett, Britton, Cheat-
ham, Cowden, Davis, Ewing, Farley, Farrelly, Ford, Frazier,
Gantt, Guy, Hebb, Jones, Johnson, Kenner, Kennedy, Kincaid
of Anderson, Lea, Martin, McCabe, Pickett, Sheid, Trevitt,
Yeas
Nays
59
8
79
Vaughn, White of Davidson, Whitmore, Williams of Hickman,
and Mr. Speaker Whitthorne.
Those voting in the negative are:
M essrs. Armstrong, Baker of Perry, Bicknell, Bledsoe, Brazel-
ton, Caldwell, Doak, East, Gillespie, Gorman, Greene, Havron,
Hurt, Ingram, Kincaid of Claiborne, Lockhart, Mayfield, Morris,
Morphis, Nail, Norman, Porter, Robert?, Russell, Senter, Shrews-
bury, Smith, Sowell, Trewhitt, White of Dickson, Wisener, Woods
and Mr. Woodard.
On motion of Mr. Greene, the vote adopting the resolution was
reconsidered.
Whereupon Mr. Wisener demanded a division of the question.
So much of the resolution as related to Edv Willis, of Wilson
county, was adopted.
Yeas • 40
Representatives voting in the affirmative are:
Messrs. Armstrong, Barksdale, Bayless, Bennett, Britton, Cheat-
ham, Cowden, Davis, Doak, Dudley, East, Ewing, Farrelly, Ford,
Gillespie, Guy, Havron, Ingram, Jones, Johnson, Kenner, Kennedy,
Kincaid of Anderson, Martin, Mayfield, McCabe, Morris, Norman,
Senter, Sheid, Trevitt, Trewhitt, Vaughn, White of Davidson,
Whitmore, Williams of Franklin, Williams of Hickman, Wisener,
Woods, and Mr. Speaker Whitthorne.
Those voting in the negative are :
Messrs. Baker of Perry, Baker of Weakley, Beatty, Bicknell,
Bledsoe, Brazelton, Caldwell, Farley, Frazier, Gorman, Greene,
Hebb, Hurt, Kincaid of Claiborne, Lea, Lockhart, Morphis, Nail,
Porter, Richardson, Roberts, Russell, Shrewsbury, Sowell, White
of Dixon, Williamson, and Mr. Woodard.
So much of the resolution as extends relief to John W« Roberts,
of Overton county, was rejected.
Yeas 33
Nays 34
Messrs. Bayless, Bennett, Bledsoe, Bicknell, Cheatham, Cow-
den, Davis, Doak, Farrelly, Gantt, Guy, Havron, Jones, Johnson,
Kenner, Kennedy, Kincaid of Anderson, Martin, Mayfield, Mc-
Cabe, Morris. Nail, Senter, Shied, Sowell, Trevitt, Trewhitt,
Vaughn, White of Davidson, Whitmore, Williams of Franklin,
Williams of Hickman, and Mr. Speaker Whitthorne.
Those voting in the negative are:
Messrs. Armstrong, Baker of Perry, Baker of Weakley, Barks-
dale, Beatty, Bicknell, Brazelton, Caldwell, East, Ewing, Farley,
Ford, Frazier, Gillespie, Gorman, Green, Hebb, Hurt, Ingram,
Kincaid of Claiborne, Lea, Lockhart, Morphis, Norman, Porter,
80
Richardson, Roberts, Russell, Shrewsbury, White of Dixon, Wil-
liarnson, Wisener, Woods, and Mr. Woodard.
That part of the resolution extending relief to J. C. Vaughn,
of Monroe county, was adopted.
Representatives voting in the affirmative are:
Messrs. Baker of Perry, Bayless, Bennett, Britton, Cheatham,
Cowden, Davis, Doak, Farrelly, Gantt, Guy, Jones. Johnson, Ken-
ner, Kennedy, Kincaid of Anderson, Martin, Mayfield, McCabe,
Morris, Nail, Pickett, Senter, Sheid, Smith, Sowell, Trevitt, Frew-
hiit, Vaughn, White of Davidson, Whitmore, Williams of Frank-
lin, Williams of Hickman, and Mr. Speaker Whitthorne.
Those voting in the negative are :
Messrs. Armstrong, Baker of Weakley, BarksdaJe, Beatty,
Bicknell, BJedsoe, Brazelton, Caldwell, East, Ewing, Farley,
Ford, Frazier, Gillespie, Gorman, Green, Havron, Hurt, Ingram,
Kincaid of Claiborne, Lea, Lockhart, Morphis, Norman, Porter,
Richardson, Roberts, Russell, Shrewsbury, White of Dixon, Wil-
liamson, Wisener, and Mr. Woodard.
That portion of the resolution affording relief to James Jones,
of Greene county, was adopted.
Yeas 35
Nays ,.. .. 33
Representatives voting in the affirmative are :
Messrs. Baker of Perry, Barksdale, Bayless, Bennett, Britton,
Cheatham, Cowden, Davis, Doak, Dudley, Farrelly, Gantt, Guy,
Jones, Johnson, Kenner, Kennedy, Kincaid of Anderson, Martin,
Mayfield, McCabe, Morris, Nail, Pickett, Senter, Sheid, Sowell,
Trevitt, Trewhitt, Vaughn, White of Davidson, Whitmore, Wil-
liams of Franklin, Williams of Hickman, and Mr. Speaker Whit-
thorne.
Those voting in the negative are:
Messrs. Armstrong, Baker of Weakley, Beatty, Bicknell, Bled-
soe, Brazelton, Caldwell, East, Ewing, Farley, Ford, Frazier, Gil-
lespie, Gorman, Greene, Havron, Hebb, Hurt, Ingram, Kincaid of
Claiborne, Lea, Lockhart, Morphis, Norman, Porter, Richardson,
Roberts, Russell, Shrewsbury, White of Dixon, Williamson, Wise-
ner, and Mr. Woodard.
Mr. Barksdale moved to reconsider the vote rejecting that part
of the resolution extending relief to John Roberts.
Mr. Lea raised the question of order, and the Chair decided the
motion out of order.
Mr. Hebb'moved to adjourn till 10 o'clock to-morrow; which
motion failed.
Yeas
Nays
34
33
81
Yeas 18
Nays ^ 49
Representatives voting in the affirmative are:
Messrs. Baker of Weakley, Bicknell, Bledsoe, Ford, Gantt,
Greene, Kennedy, Mayfield, McCabe, Nail, Russell, Sowell, Trev-
itt, White of Davidson, White of Dickson, Woods, Woodard, and
Mr. Speaker Whitthorne.
Those voting in the negative are :
Messrs. Armstrong, Baker of Perry, Barksdale, Bayless, Beatty,
Bennett, Brazelton, Britton, Caldwell, Cheatham, Cowden, Davis,
Doak, Dudley, East, Ewing, Farley, Farrelly, Frazier, Gillespie,
Gorman, Guy, Harris, Havron, Hebb, Hurt, Ingram, Johnson,
Kenner, Kaincaid of Claiborne, Lea, Lockhart, Morris, Morphis,
Norman, Pickett, Porter, Richardson, Roberts, Senter, Sheid,
Shrewsbury, Trewhitt, Yaughn, Whitmore, Williams of Frank-
lin, Williams of Hickman, Williamson, and Mr. Wisener.
House Bill No. 23, for the relief of the banks and the people,
passed its second reading.
House Bill, No. 24, to relieve the people, was, on motion, indefi-
nitely postponed.
On motion, the House adjourned until half-past two 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 compared
joint resolutions Nos. 1, 2, 3 and 4, with the engrossed copies of
the same, and find them correctly enrolled.
H. C. LOCKHART, Chairman.
House, Bill, No. 18, to provide for a Convention of the people
of Tennessee, was, by leave, withdrawn finally from the file, by
Mr. Jones.
House Bill, No. 19, was withdrawn by Mr. Trewhitt for amend-
ment.
House Bill No. 20, to amend an act passed 22d March, 1860,
and for other purposes, passed second reading, and was referred
to the Military Committee.
6 H
82
House Bill, No. 21, to protect Southern rights, passed second
reading, and was referred to the Committee on Federal Relations.
Mr. Trewhitt, by leave, withdrew House Bill, No. 22.
The Committee's Bill, in lieu of House Bills, Nos. 1, 2, 3, 4, 5 and
J2, in relation to rate of conventional interest, was taken up.
Mr. Wisener offered the following amendment:
Strike out of the second section after the word " at," at the
beginning of the ninth line, and insert " such rates as the parties
may agree upon."
On motion of Mr. Johnson, the Committee's Bill in lieu was
laid upon the table.
Representatives voting in the affirmative are:
Messrs. Armstrong, Barksdale, Bayless, Beatty, Bennett, Bick-
nell, Bledsoe, Brazelton, Britton, Butler, Caldwell, Davis, Ford,
Gillespie, Gorman, Greene, Harris, Havron, Jones, Johnson, Ken-
ner, Kennedy, Kincaid of Anderson, Kincaid of Claiborne, May-
field, Morris, Morphis, Pickett, Richardson, Russell, Senter, Tre^
vitt, Trewhitt, Vaughn, Williams of Franklin, Woodard, and Mr.
Speaker Whitthorne.
Those voting in the negative are :
Messrs. Baker of Perry, Baker of Weakley, Cheatham, Cow-
den, Doak, Dudley, East, Ewing, Farley, Farrelly, Frazier, Gantt,
Guy, Hebb, Hurt, Ingram, Lockhart, Martin, McCabe, Nail, Nor-
man, Porter, Roberts, Sheid, Shrewsbury, Smith, Sowell, White
of Davidson, Whitmore, Williams of Hickman, Williamson, Wise-
ner, and Mr, Woods.
House Bill, No. 1, to repeal an act passed on the' 21st Feb.,
1860, entitled an act to amend the usury laws of the State, and
establish a conventional rate of interest, was taken up.
Mr. Trewhitt offered the following amendment:
Be it enacted, That no license shall hereafter be necessary to
shave notes, whether made for that purpose or real transaction
papers, but it shall be lawful for any person to shave notes, bills,
bonds, of either character aforesaid, at as great a rate of interest
as ten per cent., but no greater. And if any person shall pre-
sume to shave notes at a greater rate of discount than ten per
cent., he shall forfeit to the party of whom taken, the excess, and
be liable to indictment or presentment, as for a misdemeanor, and
punished accordingly.
Mr. McCabe offered the following amendment:
Strike out all after the clause that provides that there shall be
no license required of persons who may shave or discount notes
or other evidences of debt.
A demand for the previous question failed.
Yeas
Nays
37
33
83
Yeas
Nays
22
44
Representatives voting in the affirmative are:
Messrs. Baker of Perry, Bayless, Bennett, Bicknell, Bledsoe,
Britton, Butler, Caldwell, Ford, Gillespie, Greene, Harris, Jones,
Johnson, Kincaid of Anderson, Morphis, Sowell, Vaughn, Wil-
liamson, Wisener, Woodard, and Mr. Speaker Whitthorne.
Those voting in the negative are :
Messrs. Armstrong, Baker of Weakley, Barksdale, Beatty,
Brazelton, Cheatham, Cowden, Davis, Doak, Dudley, East, Ew-
ing, Farley, Farrelly, Frazier, Gantt, Gorman, Harris, Havron,
Hebb, Ingram, Kennedy, Kincaid of Claiborne, Lockhart, Martin,
Mayfield, McCabe, Morris, Nail, Norman, Porter, Richardson,
Roberts, Russell, Senter, Shied, Shrewsbury, Smith, Trewhitt,
White of Davidson, Whitmore, Williams of Franklin, Williams
of Hickman, and Mr. Woods.
Mr. Caldwell offered the following in lieu of the bill and amend-
ments :
Be it enacted by the General Assembly of the State of Tennessee,
That so much of an act entitled "an act to amend the usury
laws and establish a conventional rate of interest," passed 21st
Feb., 1860, as authorizes parties to contract for and receive ten
per cent, interest per annum for the loan of money, be, and the
same is hereby repealed.
Mr. Cheatham moved to make the bill the special order for
Thursday morning. Which motion failed.
Representatives voting in the affirmative are :
Messrs. Armstrong, Bayless, Cheatham, Davis, Dudley, East,
Ewing, Farley, Farrelly, Guy, Hebb, Hurt, Kennedy, Martin, Nail,
Norman, Shied, Smith, Trevitt, White of Davidson, and Mr.
Whitmore.
Those voting in the negative are :
Messrs. Baker of Perry, Baker of Weakley, Barksdale, Beatty,
Bennett, Bicknell, Bledsoe, Brazelton, Britton, Butler, Caldwell,
Cowden, Doak, Ford, Frazier, Gantt, Gillespie, Gorman, Greene,
Harris, Havron, Ingram, Jones, Johnson, Kenner, Kincaid of An-
derson, Kincaid of Claiborne, Lockhart, Mayfield, McCabe, Mor-
ris, Morphis, Pickett, Porter, Richardson, Roberts, Russell, Senter,
Shrewsbury, Sowell, Trewhitt, Vaughn, Williams of Franklin,
Williams of Hickman, Williamson, Wisener, Woods, Woodard,
and Mr. Speaker Whitthorne.
Mr. Davis moved to adjourn till 10 o'clock to-morrow morning.
Which motion failed.
Yeas 16
Nays ........51
Yeas
21
49
Nays
84
Representatives voting in the affirmative are :
Messrs. Armstrong, Bayless, Brazelton, Cheatham, Davis, Dud-
ley, East, Ewing, Farrelly, Hebb, Jones, Martin, Porter, White of
Davidson, Whitmore, and Mr. Williams of Franklin.
Those voting in the negative are :
Messrs. Baker of Perry, Baker of Weakley, Barksdale, Beatly,
Bennett, Bicknell, Bledsoe, Britton, Butler, Caldwell, Covvden,
Doak, Farley, Ford, Frazier, Gillespie, Gorman, Greene, Guy,
Harris, Havron, Hurt, Ingram, Johnson, Kenner, Kennedy, Kin-
caid of Anderson, Kincaid of Claiborne, Lockhart, Mayfield, Mc-
Cabe, Morris, Nail, Norman, Richardson, Roberts, Russell, Sen-
ter, Shied, Shrewsbury, Smith, So well, Trevitt, Trewhitt, Vaughn,
Williams of Hickman, Williamson, Wisener, Woods, Woodard,
and Mr. Speaker Whitthorne.
The bill in lieu was then rejected.
Yeas 30
Nays 39
Representatives voting in the affirmative are :
Messrs. Barksdale, Bayless, Brazelton, Britton, Butler, Caldwell,
East, Ford, Frazier, Gantt, Gillespie, Gorman, Harris, Havron,
Jones, Kenner, Kennedy, Kincaid of x\nderson, Mayfield, Nail,
Roberts, Russell, Senter, Smith, Trevitt, Trewhitt, Vaughn, Whit-
more, Williamson, and Mr. Woods.
Those voting in the negative are:
Messrs. Armstrong, Baker of Perry, Baker of Weakley, Beatty,
Bennett, Bicknell, Bledsoe, Cheatham, Cowden, Davis, Doak,
Dudley, Ewing, Farley, Farrelly, Greene, Guy, Hebb, Hurt, In-
gram, Johnson, Kincaid of Claiborne, Lockhart, Martin, McCabe,
Morris, Norman, Porter, Richardson, Shied, Shrewsbury, Sowell,
White of Davidson, Williams of Franklin, Williams of Hickman,
Wisener, Woodard, and Mr. Speaker Whitthorne.
On motion of Mr. Martin, the Plouse adjourned until to-morrow
,morning, ,10 o'clock.
WEDNESDAY MORNING, JANUARY 16, 1861.
"The House met pursuant to adjournment.]
Mr. Speaker W7hitthorne in the Chair,
iPrayer by the Rev. Mr. Hays.
85
Journal of yesterday read and approved.
By leave of the House, Mr. Caldwell was permitted to record
his vote in the affirmative on Mr.] Porter's resolution adopted
yesterday.
The following message was received from the Senate:
Mr. Speaker:
The Senate has passed on third reading Senate Bill No. 4, to
give the banks further time to resume specie payments, and the
game is herewith transmitted for the consideration of the House
of Representatives.
The Senate has adopted Sen-ate Resolution No. 16, on Federal
Relations, and the same is herewith transmitted for the action of
the House of Representatives.
Mr. Trewhitt offered House Resolution No. 45, as follows:
Resolved by the Q-eneral Assembly of the State of Tennessee, That
it is the duty of the President of the United States to enforce the
execution of the laws of the United States enacted in pursuance
of the Federal Constitution, both North and South.
2. Resolved, That we approve of the doctrine of Washington,
Madison, Jackson, and Andrew Johnson on the subject and rights
of secessionism.
Which resolution, under the rules, lies over one day.
Mr. Wisener offered House Resolution No. 46, as follows:
Resolved, That the Comptroller be requested to furnish to the
House a statement of the condi'ion of the Treasury of the State,
showing its means to meet existing current engagements, and
whether any of the railroad companies of the State have failed,
to meet the January interest on their bonds ; and should they fail
to meet the next July interest, what means has the treasury to
meet it ?
Which resolution, under the rule, lies over one day,
Mr. Bennett offered House Resolution No. 47.
Whereas, we believe that one session per day of this House
will expedite the public business; therefore,
Be it resolved, That this House meet at o'clock, a. mu, and
adjourn at 2 o'clock, p. m.
Mr. Bennett moved to suspend the rules and take up the reso-
lution.
Two-thirds of the House not voting affirmatively, the rules
were not suspended, and the resolution lies over one day.
Mr. Farrelly offered House Resolution No. 48, as follows:
Resolved by the House of Representatives, That th'd Use of this
Hall be tendered the Hon. Solon Borland, on the evening of the
17th, to address the people on the present condition of affairs.
Mr. Farrelly moved a suspension of the rules, and to adopt the
resolution.
86
Two-thirds of the House not voting to suspend the rules, the
motion failed, and the resolution lies over.
Mr. Doak offered House Resolution No. 49, as follows:
Resolved by the General Assembly of the State of Tennessee, That
the recent speech delivered in the United States Senate by the
Senator from the State of New York, W. H. Seward, the acknow-
ledged Secretary of State under Abraham Lincoln, instead of
being satisfactory to the people of Tennessee, as a settlement of
existing difficulties, is an insult to Southern chivalry; and if the
policy of the incoming administration is to be carried out upon
the basis laid down by the Senator from New York in his late
speech, that Tennessee will certainly unite with her sister South-
ern States in the formation of a Southern Confederacy.
Which resolution, under the rule, lies over,
Mr. Kincaid of Claiborne, offered House Resolution No. 50, as
follows :
Resolved by the General Assembly of the State of Tennessee, That
the Comptroller of the State, at as early day as practicable, fur-
nish to this General Assembly such knowledge as he may have as
to the amount of taxes now imposed upon each individual, and
on the dollars' worth of property in the States which have seceded
from the Union.
Which resolution, under the rule, lies over one day.
Mr. Lockhart, from the Committee on Enrolled Bills, made the
following report:
The Committee on Enrolled Bills has examined and compared
House Resolutions Nos. 38 and 44 with the original copies of the
same, and find them correctly engrossed.
H. C. LOCKHART, Chairman.
Mr. Morris introduced House Bill No. 26, to amend sec. 3515
of the Code of Tennessee ; which passed its first reading.
Mr. Bennett introduced House Bill No. 27, repealing certain
sections of law ; which passed first reading.
On motion of Mr. Porter, the rules were suspended, and Sen-
ate Resolution No. 16, on Federal Relations, was taken up, and
adopted.
The House resumed the consideration of the unfinished business
of yesterday, the question being on the adoption of Mr. McCabe's
amendment to Mr. Trewhitt's amendment.
A demand for the previous question failed.
Yeas 31
Nays 36
Representatives voting in the affirmative are:
Messrs. Armstrong, Bayless, Beatty, Bennett, Bicknell, Bledsoe,
Butler, Caldwell, Critz, Davis, Ford, Gillespie, Greene, Harris,
Jones, Johnson, Kenner, Kincaid of Anderson, Kincaid of Clai-
borne, Martin, May field, Morphis, Norman, Senter, Sowell, Tre-
87
vitt, Vaughn, White of Dickson, Wisener, Woodard and Mr.
Speaker Whitthorne.
Those voting in the negative are :
Messrs. Baker of Perry, Baker of Weakley, Barksdale, Cheat-
ham, Cowdeh, Doak, Dudley, Farley, Farrelly, Frazier, Gantt,
Gorman, Guy, Havron, Hebb, Hurt, Ingram, Kennedy, Lea, Lock-
hart, McCabe, Morris, Nail, Porter, Richardson, Roberts, Russell,
Sheid, Shrewsbury, Trewhitt, White of Davidson, Whitmore, Wii-
liams of Franklin, Williams of Hickman, Williamson and Mr.
Woods.
Mr. Harris moved to lay the bill and amendments on the table;
which motion failed.
Yeas.... 19
Nays 52
Representatives voting in the affirmative are:
Messrs. Baker of Weakley, Beatty, Cheatham, Cowden, Fra-
zier, Gantt, Guy, Harris, Hebb, Ingram, Kennedy, Nail, Roberts,
Sheid, Smith, Sowell, Williams of Franklin, Williams of Hickman
and Mr. Woods.
Those voting in the negative are :
Messrs. Armstrong, Baker of Perry, Baker of Weakley, Barks-
dale, Bayless, Bennett, Bicknell, Bledsoe, Brazelton, Britton, But-
ler, Caldwell, Critz, Davis, Doak, Dudley, East, Farley, Farrelly,
Ford, Gillespie, Gorman, Greene, Havron, Hurt, Jones, Johnson,
Kenner, Kincaid of Anderson, Kincaid of Claiborne, Lea, Lock-
hart, Martin, Mayfield, McCabe, Morris, Morphi3, Norman, Pick-
ett, Porter, Richardson, Russell, Senter, Shrewsbury, Trevitt,
Trewhitt, Vaughn, White of Davidson, White of Dickson, Wil-
liamson, Wisener, Woodard and Mr. Speaker Whitthorne.
By leave of the House, Mr. McCabe withdrew his amendment.
Mr. Martin offered the following in lieu of Mr. Trewhitt's
amendment:
Be it enacted, That if any person shall purchase any notes,
bonds or other obligations for the payment of money, at a greater
rate of interest than six per cent, per annum, including the inte-
rest that has accumulated at the time of purchase, or that will ac-
cumulate to the day fixed for the payment, when the same is made
to be sold, such contract shall be usurious in the hands of such
purchaser or purchasers, or their assignees, affected with notice,
and the amount so taken or retained by way of discounts, shall
be recoverable by the party paying the same, his heirs, personal
representatives or creditors, in any court having jurisdiction of
such matters. And whenever a note or other security is made to
be sold, the party purchasing the same at illegal rates as above
specified, shall be affected with notice of the fact that it was made
to be sold, nor shall it be necessary to prove the same.
88
Mr. Caldwell moved to lay Mr Martin's amendment in lieu, upon
the table ; which motion was sustained.
Representatives voting in the affirmative are :
Messrs. Armstrong, Baker of Perry, Baker of Weakley, Barks-
dale, Bayless, Bicknel), Bledsoe, Brazelton, Britton, Caldwell,
Critz, Farley, Farrelly, Ford, Frazier, Gillespie, Gorman, Guy,
Havron, Hebb, Hurt, Ingram, Jones, Johnson, Kenner, Kincaid of
Anderson, Kincaid of Claiborne, Lea, Morphis, Norman, Porter,
Russell, Senter, Sheid, Smith, Trevitt, Trewhitt, Vaughn, White
of Dickson, Williams of Franklin and Mr. Woodard.
Those voting in the negative are:
Messrs. Beatty, Bennett, Cheatham, Cowden, Davis, Doak,
Dudley, Ewing, Gantt, Kennedy, Lockhart, Martin, Mayfield, Mc-
Cabe, Morris, Nail, Pickett, Richardson, Roberts, Shrewsbury,
Sowell, White of Davidson, Whitmore, Williamson, Wisener,
Woods and Mr. Speaker Whitthorne.
Mr. Jones moved to lay Mr. Trewhitt's amendment upon the
table ; which motion was sustained.
Yeas 35
Representatives voting in the affirmative are ;
Messrs. Baker of Perry, Baker of Weakley, Bennett, Bicknell,
Bledsoe, Britton, Cheatham, Davis, Doak, Dudley, Ewing, Farley,
Farrelly, Greene, Guy, Ingram, Jones, Johnson, Lea, Lockhart,
Martin, Porter, Richardson, Roberts, Sheid, Senter, Shrewsbury,
Sowell, Vaughn, White of Dickson, Williams of Franklin, Wil-
liamson, Wisener, Woods, Woodard and Mr. Speaker Whitthorne.
Those voting in the negative are :
Messrs. Armstrong, Barksdale, Beatty, Brazelton, Butler, Cald-
well, Cowden, Critz, Ford, Frazier, Gantt, Gillespie, Gorman,
Havron, Hebb, Hurt, llenner, Kennedy, Kincaid of Anderson,
Kincaid of Claiborne, Mayfield, McCabe, Morris, Morphis, Kali,
Norman, Russell, Smith, Trevitt, Trewhitt, White of Davidson and
Mr. Whitmore.
Mr. Vaughn offered the following amendment:
Provided, however, That nothing in this act contained shall be
so construed as to repeal any section of the aforesaid act prohi-
biting the shaving of notes at a greater rate of discount than ten
per cent, upon the dollar.
Mr. Gorman offered the following amendment in lieu of Mr.
Vaughn's amendment:
Be it further enacted, That hereafter no license shall be neces-
sary to authorize any person in this State to shave evidences of
debts, but any person or persons shall be authorized to shave any
Yeas,
Nays
.41
.27
Nays
32
89
note or bond, or other evidence of debt, at the rate of 12£ per
cent, discount, but. at no greater rate, whether the evidence of
debt be created for that purpose, or be real transaction paper.
And any person who shall shave any evidence of debt aforesaid
at a greater rate of discount than 12£ per cent., he shall forfeit the
excess to the party from whom taken, and moreover be liable to
indictment as for a misdemeanor, and, on conviction, fined at the
discretion of a Court having cognizance thereof.
Mr. Vaughn moved to lay Mr. Gorman's amendment in lieu,
upon the table ; which was sustained.
Yeas 41
Nays 27
Representatives voting in the affirmative are:
Messrs. Baker of Perry, Baker of Weakley, Barksdale, Bayless,
Beatty, Bennett, Bicknell, Bledsoe, Brazelton, Britton, Caldwell,
Cheatham, Critz, Davis, Doak, Ewing, Ford, Gantt, Gillespie,
Greene, Hebb, Johnson, Kennedy, Lea, Lockhart, Martin, May-
field, Morris, Porter, Richardson, Sheid, Sovvell, Vaughn, White
of Davidson, White of Dickson, Whitmore, Williams of Franklin,
Williamson, Wisener, Woodard, and Mr. Speaker Whitthorne.
Those voting in the negative are:
Messrs. Armstrong, Butler, Cowden, Dudley, Farley, Farrelly,
Frazier, Gorman, Guy, Havron, Hurt, Ingram, Jones, Kenner, Kin -
caid of Anderson, Kincaid of Claiborne, McCabe, Morphis, Nail,
Norman, Roberts, Russell, Senter, Shrewsbury, Smith, Trevitt,
and Mr. Trewhitt.
Mr. Cheatham offered the following amendment:
That the second section of an act passed 2lst February, 1860,
ch. 44, entitled an act to amend the usury laws of the State, and
to establish a conventional rate of interest, be so amended that
it shall be lawful for any person to contract for and receive a rate
of interest not to exceed ten per cent, per annum for any debt,
demand, or liability whatever, when the same shall be putin the
contract, as now by law draws interest.
Sec. 2. Be it further enacted, That the 7 th section of the above
voted act be so amended as that it shall be lawful for all persons
to discount real transaction paper of any description, judgments,
or decrees, at such rates as the parties may agree upon.
On motion of Mr. Johnson, Mr. Cheatham's amendment in lieu,
was laid upon the table.
Yeas 41
Nays 29
Representatives voting in the affirmative are :
Messrs. Armstrong, Baker of Perry, Barksdale, Beatty, Bennett,
Bicknell, Bledsoe, Brazelton, Britton, Butler, Caldwell, Critz,
Davis, Ford, Gillespie, Gorman, Greene, Harris, Havron, Hebb,
90
Jones, Johnson, Kenner, Kennedy, Kincaid of Anderson, Kin-
caid of Claiborne, Mayfield, Richardson, Roberts, Russell, Senter,
Shied, Smith, Sowell, Trevitt, Trewhitt, Vaughn, White of Dick-
son, Williams of Franklin, Woodard, and Mr. Speaker Whitthorne.
Those voting in the negative are:
Messrs. Baker of Weakley, Bayless, Cheatham, Cowden, Doak,
Dudley, Ewing, Farley, Farrelly, Frazier, Gantt, Guy, Ingram,
Lea, Lockhart, Martin, McCabe, Morris, Morphis, Nail, Norman,
Pickett, Porter, Shrewsbury, White of Davidson, Whitmore, Wil-
liamson, Wisener, and Mr. Woods.
Mr. Morphis demanded the previous question on the passage
of the bill; which demand was not sustained.
Representatives voting in the affirmative are :
Messrs. Armstrong, Baker of Perry, Bennett, Bicknell, Bledsoe,
Brazelton, Britton, Butler, Davis, Doak, Ford, Greene, Harris,
Hebb, Jones, Johnson, Kenner, Kincaid of Anderson, Martin, Ale-
Cabe, Morphis, Norman, Pickett, Senter, Shrewsbury, Williamson,
Wisener, Woodard, and Mr. Speaker Whitthorne.
Those voting in the negative are:
Messrs. Baker of Weakley, Barksdale, Bayless, Caldwell, Cheat-
ham, Cowden, Critz, Dudley, East, Ewing, Farley, Farrelly, Fra-
zier, Gantt, Gillespie, Gorman, Guy, Hurt, Ingram, Kennedy,
Kincaid of Claiborne, Lea, Lockhart, Mayfield, Alorris, Nail, Por-
ter, Richardson, Roberts, Russell, Sheid, Smith, Sowell, Trevitt,
Trewhitt, Vaughn, White of Davidson, White of Dickson, Whit-
more, Williams of Franklin, and Mr, Woods.
Mr. Bicknell moved to lay the amendment of Mr. Vaughn
upon the table; which motion prevailed.
Y eas 38
Nays .33
Representatives voting in the affirmative are :
Messrs. Baker of Perry, Baker of Weakley, Bennett, Bicknell,
Cheatham, Criiz, Davis, Doak, Dudley, Ewing, Farley, Farrelly,
Greene, Hebb, Hurt, Ingram, Jones, Johnson, Kenner, Kincaid of
Anderson, Lea, Lockhart, Martin, Morphis, Norman, Pickett,
Porter, Richardsqn, Roberts, Senter, Sheid, Shrewsbury, Trevitt,
Williams of Franklin, Williamson, Wisener, Woodard, and Mr.
Speaker Whitthorne.
Those voting in the negative are :
Messrs. Armstrong, Barksdale, Bayless, Beatty, Bledsoe, Braz-
elton, Britton, Butler, Caldwell, Cowden, Ford, Frazier, Gantt,
Gillespie, Gorman, Guy, Harris, Havron, Kennedy, Kincaid of
Claiborne, Mayfield, McCabe, Morris, Nail, Russell, Smith, So-
Yeas,
Nays,
29
42
91
■well, Trewhitt, Vaughn, White of Davidson, White of Dickson,
Whitmore, and Mr. Woods.
The bill was then passed a third reading.
Representatives voting in the affirmative are:
Messrs. Armstrong, Baker of Perry, Barksdale, Bayless, Ben-
nett, Bicknell, Bledsoe, Brazelton, Britton, Butler, Caldwell, Cheat-
ham, Critz, Davis, Dudley, East, Ewing, Farrelly, Ford, Gillespie,
Gorman, Greene, Havron, Jones, Johnson, Kenner, Kincaid of
Anderson, Kincaid of Claiborne, Martin, Mayfield, McCabe, Mor-
ris, Morphis, Norman, Pickett, Porter, Richardson, Senter, Sowell,
Trevitt, Vaughn, White of Dickson, Whitmore, Wisener, Wood-
ard, and Mr. Speaker Whitthorne.
Those voting in the negative are :
Messsrs. Baker of Weakley, Beatty, Cowden, Doak, Farley,
Frazier, Gantt, Guy, Harris, Hebb, Hurt, Ingram, Kennedy,
Lockhart, Nail, Roberts, Russell, Sheid, Shrewsbury, Smith, Tre-
whitt, White of Davidson, Williams of Franklin, Williamson, and
-Mr. Woods.
Mr. Cheatham moved a reconsideration of the vote passing
the bill.
Mr. Bicknell moved to lay the motion to reconsider upon the
table ; which was rejected.
Representatives voting in the affirmative are:
Messrs. Armstrong, Baker of Weakley, Beatty, Bennett, Bick-
nell, Brazelton, Britton, Butler, Caldwell, Critz, Davis, Ford, Gil-
lespie, Gorman, Greene, Havron, Jones, Johnson, Kenner, Kin-
caid of Anderson, Kincaid of Claiborne, Mayfield, Morphis, Pick-
ett, Senter, Shrewsbury, Trevitt, Vaughn, White of Dickson,
Wisener, Woodard, and Mr. Speaker Whitthorne.
Those voting in the negative are:
Messrs. Baker of Perry, Barksdale, Bayless, Bledsoe, Cheat-
ham, Cowden, Doak, Dudley, East, Ewing, Farley, Farrelly, Fra-
zier, Gantt, Guy, Harris, Hebb, Hurt, Ingram, Lea, Lockhart,
Martin, McCabe, Morris, Nail, Norman, Porter, Richardson, Rus-
sell, Roberts, Sheid, Smith, Sowell, Trewhitt, White of Davidson,
Whitmore, Williams of Franklin, Williamson, and Mr. Woods.
A message in writing was received from His Excellency, the
Governor of the State, through the Hon. J. E. R Ray, Secretary
of State, which was read at the Clerk's desk as follows :
Yeas
Nays,
45
25
Yeas,
Nays
32
39
92
Executive Department, January 16,1861.
Grentlemen of the Senate
and House of Representatives:
The Sinking Fund of 1855-6, contemplates the investment of the
fund as paid in, in the internal improvement bonds of the State, at
par, by which means the entire railroad debt of the State would
have been extinguished before maturity. The act of 1859-60, re-
pealing the above recited act, was intended, and will accomplish the
same result.
But the Commissioners have invested the fund paid in under the
act of 1855-6, in bonds, at a discount of from eight to twenty-five
per cent., by which much more of the debt has already been extin-
guished than the act contemplated. In view of which fact, and the
failure of crops, derangement, and prostration of commerce, and
general financial distress in all the departments of business, it is
certainly a hardship upon the railroad companies of the State to
be compelled to pay, in these times of universal pecuniary distress,
any part of the principal of a debt which does not fall due for thirty
years.
I, therefore, respectfully recommend the passage of an act sus-
pending the operations of the sinking fund law for the term of one
year from this date, by which time another crop will have been made,
and it may be reasonably hoped these companies will be in a condi-
tion to pay their sinking fund without material inconvenience or in-
jury, and if the law is rigidly enforced afteT this suspension, as it has
been heretofore, it will still extinguish the debt by maturity.
Having learned from a portion of the people of the city of Nash-
ville, and one of the Representatives of the county of Davidson,
that the passage of an act authorizing the corporation of the city of
Nashville to endorse certain income bonds of the Edgefield and Ken-
tucky Railroad Company, is desired by them, and important to said
company, at their instance, I submit the question to your discretion.
The general internal improvement law makes it the duty of the
Governor to appoint " Receivers to take charge of the roads and
effects " of Railroad Companies in certain contingencies, but the law
fixes no salary or compensation for such service.
The fact that the duties and responsibilities of the Receiver are
much greater on some roads than on others, requires that the com-
pensation of Receiver in each case depend, to a great extent, upon
the character of duties and amount of responsibility imposed upon
him.
I, therefore, recommend that you pass an act, fixing the salary of
Receivers or conferring upon some officer of the government the
power to fix the compensation in each case.
Regretting, as I do, the necessity of multiplying the subjects of
legislation at an extra session, I have carefully avoided opening the
fruitful fields of internal improvements, and confined myself strictly
93
to the Sinking Fund law, the salary of Railroad Receivers, and
authorizing the corporation of Nashville to endorse the income bonds
of the Edgefield and Kentucky Railroad Company, if it should see
proper to do so; which questions are respectfully submitted to your
consideration. ISHAM G. HARRIS.
Mr. Hebb moved a reconsideration of the vote refusing to sus-
pend the rules to take up House Resolution, No. 48, tendering the
use of the Representatives' Hall to Hon. Solon Borland.
Mr. Havron demanded the ayes and noes; and the motion
failed—two thirds not voting in the affirmative.
Yeas 47
Nays .24
Representatives voting in the affirmative are:
Messrs. Baker of Perry, Baker of Weakley, Barksdale, Bay-
less, Beatty, Bennett, Brazelton, Britton, Cheatham, Cowden,
Critz, Doak, Dudley, East, Farley, Farrelly, Frazier, Gantt, Guy,
Harris, Hebb, Hurt, Ingram, Jones, Kennedy, Lea, Mayfield, Mor-
rie, Nail, Pickett, Porter, Richardson, Roberts, Senter, #Sheid,
Shrewsbury, Smith, Sowell, Trevitt, Vaughn, White of David-
son, White of Dickson, Whitmore, Williams of Franklin, Woods,
and Mr. Speaker Whitthorne.
Those voting in the negative are:
Messrs. Armstrong, Bicknell, Bledsoe, Butler, Caldwell, Ewing,
Ford, Gillespie, (jorman, Greene, Havron, Johnson, Kenner, Kin-
caid of Anderson, Kincaid of Claiborne, Lockhart, Martin, Mc-
Cabe, Morphis, Norman, Russell, Trewhitt, "Wisener, and Mr.
Woodard.
Mr. moved to adjourn until 10 o'clock to-morrow
morning; which motion failed.
Representatives voting in the affirmative are:
Messrs. Baker of Weakley, Bayless, Beatty, Bledsoe, Caldwell,
Critz, Dudley, Farrelly, Ford, Frazier, Gantt, Greene, Harris,
Hebb, Hurt, Johnson, Kennedy, Kincaid of Anderson, Mayfield,
Morris, Morphis, Nail, Porter, Russell, White of Davidson, White
of Dickson, Woods, Woodard, and; Mr. Speaker Whitthorne.
Those voting in the negative are :
Messrs. Armstrong, Baker of Perry, Barksdale, Bennett, Bick-
nell, Brazelton, Butler, Cheatham, Cowden, Davis, Doak, East,
Ewing, Farley, Gillespie, Gorman, Guy, Havron, Ingram, Jones,
Kenner, Kincaid of Claiborne, Lea, Lockhart, Martin, McCabe,
Norman, Pickett, Richardson, Roberts, Senter, Sheid, Shrewsbury,
Smith, Trevitt, Trewhitt, Vaughn, Wisener, Whitmore, Williams
of Franklin, Williams of Hickman, and Mr. Williamson.
Yeas.
Nays.
29
,42
94
House Bills—No. l,to amend the conventional interest bill!
No. 3, an act to repeal the act of 1860, entitled an act to amend
the usury laws of the State, and establish a conventional rate of
interest; No. 4, to amend an act entitled an act to amend the
usury laws of the State, and to establish a conventional rate of in-
terest; No. 5, to repeal so much of an act passed February 21, I860,
as establishes a conventional rate of interest; and No. 12, for the
relief of the people, were severally read a third time, and laid
upon the table.
On motion, the House adjourned until 2 o'clock this evening,
Yeas 39
Nays.. 25
Representatives voting in the affirmative are:
Messrs. Baker of Weakley, Bayless, Bicknell, Bledsoe, Butler,
Caldwell, Davis, Dudley, Ewing, Farley, Ford, Frazier, Gantt,
Gorman, Greene, Guy, Hebb, Hurt, Ingram, Johnson, Kenner,
Kennedy, Kincaid of Anderson, Martin, Mayfield, McCabe, Mor-
phis, Nail, Porter, Russell, Smith, Trewhitt, White of Davidson,
White pf Dickson, Wisener, Woods, Woodard, and Mr. Speaker
Whitthorne.
Those voting in the negative are :
Messrs. Armstrong, Baker of Perry, Barksdale, Bennett, Brazel-
ton, Cheatham, Cowden, Gillespie, Harris, Havron, Lea, Lockhart,
Norman, Pickett, Richardson, Roberts, Senter, Sheid, Shrewsbury,
Trevitt, Vaughn, Whitmore, Williams of Franklin, Williams of
Hickman, and Mr. Williamson.
AFTERNOON SESSION.
Mr. Baker of Perry obtained leave to change his vote to the
negative on the motion to lay Mr. Vaughn's amendment to House
Bill No. 1, upon the table.
By leave of the House, Mr. Johnson introduced House Bill No.
28, to authorize the sheriff of Hawkins county to appoint two ad-
ditional deputies ; which passed its first reading.
The Speaker appointed Representatives East, Kennedy, Gilles-
pie, Nail, and Williamson a Special Committee on the Governor's
Message.
House Bill No. 8, prescribing remedy for the collection of debts,
Messrs. Trewhitt and Bicknell offered amendments to the bill,
95
Mr. Caldwell moved to lay the bill and amendments upon the
table; which motion failed.
Representatives voting in the affirmative are :
Messrs. Baker of Perry, Baker of Weakley, Caldwell, Davidson,
Dudley, East, Guy, Harris, Hurt, Ingram, Kincaid of Anderson,
Roberts, Shrewsbury, Smith, Sowell, Whitmore, Williams of Frank-
lin, Williams of Hickman, Williamson, and Mr. Woods.
Those voting in the negative are:
Messrs. Armstrong, Barksdale, Bayless, Beatty, Bennett, Bick-
nell, Bledsoe, Brazelton, Britton, Butler, Cheatham, Cowden, Critz,
Doak, Ewing, Farley, Farrelly Ford, Frazier, Gantt, Gillespie,
Gorman, Havron, Hebb, Jones, Johnson, Kenner, Kennedy, Kin-
caid of Claiborne, Lea, Lockhart, Martin, Mayfield, McCabe, Mor-
ris, Morphis, Nail, Norman, Pickett, Porter, Richardson, Russell,
Senter, Sheid, Trevitt, Trewhitt, Vaughn, White of Davidson,
White of Dickson, Wisener, Woodard, and Mr. Speaker Whit-
thorne.
On motion, the bill was made the special order for 10 o'clock
to-morrow, and 150 copies ordered to be printed.
House Bill No. 7, to amend the usury laws of the State, and
House Bill No. 10, for the relief of revenue collectors, were seve-
rally read a third time, and laid upon the table.
House Bill No. 14, for the relief of tax-payers of the State,
was taken up. The bill in lieu offered by the Committee was
adopted, and the bill passed its third reading.
Yeas 55
Nays 8
Representatives voting in the affirmative are:
Messrs. Baker of Perry, Baker of Weakley, Barksdale, Bayless,
Bicknell, Bledsoe, Britton, Butler, Caldwell, Cheatham, Critz,
Doak, Dudley, East, Ewing, Ford, Frazier, Gillespie, Gorman, Guy,
Havron, Jones, Johnson, Kenner, Kennedy, Kincaid of Anderson,
Kincaid of Claiborne, Martin, Mayfield, McCabe, Morris, Morphis,
Nail, Norman, Pickett, Porter, Richardson, Roberts, Russell, Sen-
ter, Sheid, Shrewsbury, Smith, Sowell, Trevitt, Trewhitt, Vaughn,
White of Dickson, Whitmore, Williams of Hickman, Williamson,
Wisener, Woods, Woodard, and Mr. Speaker Whitthorne.
Those voting in the negative are :
Messrs. Beatty, Farley, Hebb, Ingram, Lea, Lockhart, White
of Davidson, and Mr. Williams of Franklin.
It was ordered that the bill be transmitted to the Senate.
House Bill No. 15, to prevent the sacrifice of personal estate,
was taken up. The amendments heretofore offered by the Com-
mittee were adopted.
Yeas
Nays
20
52
96
Mr. Bicknell offered the following amendment:
That this act expire by its own limitation on the 1st day of Sep-
tember, 1862.
Which was rejected.
Representatives voting in the affirmative are:
Messrs. Barksdale, Beatty, Bicknell, Bledsoe, Butler, Cowden,
Critz, East, Ewing, Frazier, Gillespie, Guy, Jones, Johnson, Ken-
ner, Lea, Martin, Mayfield, Morphis, Roberts, Trevitt, Vaughn,
White of Davidson, Whitmore, Williams of Hickman, Wisener,
and Mr. Speaker Whitthorne.
Those voting in the negative are :
Messrs. Baker of Perry, Baker of Weakley, Bay less, Britton,
Caldwell, Cheatham, Doak, Dudley, Farley, Farrelly, Ford, Gantt,
Gorman, Havron, Hebb, Ingram, Kennedy, Kiwcaid of Anderson,
Kincaid of Claiborne, Lockhart, McCabe, Morris, Nail, Norman,
Pickett, Porter, Richardson, Russell, Senter, Sheid, Shrewsbury,
Smith, Sowell, Trewhitt, White of Dickson, Williams of Franklin,
Williamson, Woods, and Mr. Woodard.
Mr. Hebb offered the following amendment:
The valuation of property to be the value at the time the debt
was contracted.
Mr. Trewhitt moved to lay the amendment upon the table;
which was agreed to.
Yeas 43
Nays 22
Representatives voting in the affirmative are :
Messrs. Baker of Perry, Baker of Weakley, Bay less, Bicknell,
Bledsoe, Britton, Butler, Cheatham, Critz, Davidson, Dudley,
East, Ewing, Farley, Farrelly, Frazier, Gillespie, Gorman, Greene.
Jones, Kenner, Kennedy, Kincaid of Anderson, Kincaid of Clai-
borne, Lockhart, Martin, Mayfisld, McCabe, Morris, Morphis,
Norman, Porter, Richardson, Roberts, Trevitt, Trewhitt, Vaughn,
White of Davidson, White of Dickson, Whitmore, Wisener,
Woods, and Mr. Woodard.
Those voting in the negative are:
Messrs. Barksdale, Caldwell, Cowden, Doak, Ford, Gantt, Hav-
ron, Hebb, Ingram, Johnson, Lea, Nail, Russell, Senter, Sheid,
Smith, Sowell, Williams of Franklin, Williams of Hickman, Wil-
liamson, and Mr. Speaker Whitthorne.
Mr. Doak offered the following amendment:
Be it enacted, That a reasonable cash value shall not be what
property would bring in flush times, when the price of property
is inflated, nor the low price that property would bring in de-
pressed times, but shall be a respectable medium.
Yeas
Nays
27
39
97
Mr. Lockhart demanded the previous question on the passage
of the bill; which demand was sustained.
The bill then passed its third reading.
Yeas 50
Nays 19
Representatives voting in the affirmative are:
Messrs. Baker of Weakley, Barksdale, Bayless, Bennett, Bick-
nell, Bledsoe, Britton, Butler, Cheatham, Cowden, Critz, Dudley,
East, Ford, Frazier, Gantt, Gillespie, Gorman, Havron, Hebb,
Johnson, Kenner, Kennedy, Kincaid of Anderson, Kincaid of
Claiborne, Lockhart, Martin, Mayfield, McCabe, Morris, Morphis,
Nail, Norman, Pickett, Porter, Richardson, Roberts, Russell, Sen-
ter, Sheid, Smith, Sowell, Trevitt, Trewhitt, Vaughn, White of
Davidson, White of Dickson, Woods, Woodard, and Mr. Speaker
Whitthorne.
Those voting in the negative are :
Messrs. Baker of Perry, Beatty, Caldwell, Davidson, Doak,
Ewing, Farley, Farrelly, Greene, Guy, Ingram, Jones, Lea,
Shrewsbury, Whitmore, Williams of Franklin, Williams of Hick-
man, Williamson, and Mr. Wisener.
The bill was ordered to be transmitted to the Senate.
House Bill, No. 9, to establish quarterly courts for justices o
the peace, was, on motion of Mr. Sheid, laid upon the table.
Yeas 39
Nays •. 23
Representatives voting in the affirmative are:
Messrs. Baker of Weakley, Barksdale, Bayless, Bicknell, Bled-
soe, Britton, Cowden, Critz, Davidson, East, Farley, Farrelly,
Ford, Frazier, Gillespie, Gorman, Ingram, Jones, Johnson, Ken-
ner, Kennedy, Kincaid of Anderson, Kincaid of Claiborne, Lea,
Mayfield, McCabe, Norman, Pickett, Richardson, Sentbr, Sheid,
Shrewsbury, Trevitt, Vaughn, White of Dickson, Whitmore, Wil-
liamson, Wisener, and Mr. Woodard.
Those voting in the negative are :
Messrs. Baker of Perry, Butler, Caldwell, Doak, Dudley, Ewing,
Gantt, Guy, Hebb, Lockhart, Martin, Morris, Morphis, Nail, Por-
ter, Roberts, Russell, Smith, Sowell, Trewhitt, White of Davidson,
Williams of Hickman and Mr. Speaker Whitthorne.
Senate Bill, No. 4, to give the Banks further time to resume
specie payments; passed first reading.
Senate Bill, No. 3, to amend the charter of the Bank of West
Tennessee; passed its third reading.
On motion of Mr. Martin, the House adjourned till to-morrow
morning 10 o'clock.
7 H
98
THURSDAY MORNING, JANUARY 17, 1861.
The House met pursuant to adjournment.
Mr. Speaker Whitthorne in the Chair.
Prayer by the Rev. Mr. Hendricks.
Journal of yesterday read and approved.
Mr. Baker of Perry, Irom the Committee on Enrolled Bills,
made the following report:
The Committee on Enrolled Bills have had House Bill"; No. 15,
and House Resolutions, Nos. 14 and 46, under consideration, and
find them correctly engrossed.
Respectfully submitted,
W. N. BAKER, Chairman, pro tern.
Mr. Vaughn made a personal explanation with reference to a
report of remarks made by him, published in the Nashville Demo-
crat of this morning.
Mr. Brazelton, from the Military Committee,reported an amend-
ment to House Bill No. 17, and recommended its adoption, and
that 150 copies be printed for the use of the House.
Mr. Gillespie presented complimentary tickets from the Nash-
villeand Chattanooga Railroad Company, to the officers and mem-
bers of the House.
On motion of Mr. Williams of Hickman, the tickets were ac-
.cepted, and the thanks of the House tendered for the same.
Mr. Brazelton, from the Military Committee, reported on House
Bill, No. 20, to amend the act passed 22d March, 1860, and for
.ether purposes, with an amendment, and recommended its adop-
-tion.
Mr. Cheatham offered House Resolution, No. 51, as follows:
Whereas, four of the States have withdrawn from the Federal
Union, and others are on the eve of withdrawing, on account of
present and apprehended aggressions by the North on the Consti-
.tutional rights of the South; and there is daily imminent danger
of some indiscretion on the part of the authorities of the Federal
Government or of the seceding States, which may bring about a
ibloody collision, precipitating us into civil war, and destroying
the Union forever. Therefore,
Resolved by the General Assembly of Tennessee, That a Con-
vention of all the slaveholding States should assemble as early as
jpossible, (and we suggest at Nashville, on Monday, the 28th Jan-
uary inst.,) to digest and agree upon a plan of adjustment, by
•which, if possible, the Union and the Constitutional rights of the
JSouih may be preserved and perpetuated.
Res,olved, That in the opinion of the General Assembly of Ten-
99
nessee, the basis of sucb adjustment should be amedment3 to the
Constitution of the United Stales, as follows :
1. Congress to have no power to abolish slavery in places
under its exclusive jurisdiction, and situate within the limits of
States that permit the holding of slaves.
2. Congress to have no power to abolish slavery within the
District of Columbia, as long as it exists in the adjoining States
of Virginia and Maryland, or either, nor without the consent of
the inhabitants, nor without just compensation made to such
owners of slaves as do not consent to such abolishment. Nor
shall Congress at any time prohibit officers of the Federal Gov-
ernment, or members of Congress, whose duties require them to
be in said District, from bringing with them their slaves, and hold-
ing them as such, during the time their duties may require them to
remain there, and afterwards taking them from the District.
3. Congress to have no power to prohibit or hinder the trans*
portation of slaves from one State to another, or to a Territory
in which slaves are by law permitted to be held, whether that
transportation be by land, navigable rivers, or by the sea.
4. That, in addition to the provisions of the third paragraph of
the second section of the fourth article of the Constitution of the
United States, Congress shall have power to provide by law, and
it shall be its duty to so provide, that the United States shall pay
to the owner who shall apply for it, the full value of his fugitive
slave, in all cases, when the marshal or other officers, whose duty
it was to arrest said fugitive, was prevented from so doing by vi-
olence or intimidation, or when, after arrest, said fugitive was
rescued by force, and the owne thereby prevented and obstructed
in the pursuit of his remedy for the recovery of his fugitive slave,
under the said clause of the Constitution and the laws made in
pursuance thereof. And in all such cases, when the United States
shall pay for such fugitive, they shall have the right in their own
name, to sue the county in which said violence, intimidation, or
rescue was committed, and to recover from it, with interest and
damages, the amount paid by them for said fugitive slave. And
the said county, after it has paid said amount to the United
States, may for its indemnity, sue and recover from the wrongs
doers, or rescuers, by whom the owner was prevented from the
recovery of his fugitive slave, in like manner as the owner him-
self might, have sued and recovered. ,
5. In all the Territory of the United States, south of the paral-
lei of 36° 30", slavery shall be recognized as existing, and in all
north of that line it shall not be recognized , but whenever States,
formed out of any of said Territory, north or south of the line,
having a population equal to that of a Congressional District,
shall apply tor admission into the Union, they shall be received,
with or without slavery, as their-Constitutions may prescribe.
6. No future amendment of the Constitution shall affect the
100
five preceding articles, nor the third paragraph of the second sec-
tion of the first article of the Constitution, nor the third paragraph
of the second section of the fourth article of said Constitution,
and no amendments shall be made to the Constitution which will
authorize or give to Congress any power to abolish or interfere
with slavery in any of the States by whose laws it is or may be
allowed or permitted.
7. Slave property shall be rendered secure in transit through
the non-slaveholding States.
8. Slave property, as held under the institutions of the Southern
States, shall be reoognized under the Constitution as entitled to
the status of other species of property.
9. Fugitives from justice to be deemed those offending the laws
within the jurisdiction of the State, and who escape therefrom to
other States; and that it is the duty of each State to suppress
armed invasions of another State. '
Resolved, That the General Assembly of Tennessee appoint as
delegates to said Convention a number of our wisest and best
citizens, equal to the number of our whole delegation in Congress,
and that Commissioners be appointed, one for each slaveholding
State, to visit the same, and urge that delegations be immediately
appointed to said Convention.
Resolved, That in the opinion of the General Assembly of Ten-
nesse, such Convention, having digested and agreed upon a fair
and reasonable plan of settlement of the pending difficulties witb.
the non-slaveholding States, should submit such plan for the con-
sideration of the said non-slaveholding States, with a respectful
but earnest assurance that our safety and honor will not permit
us to demand less ; and that it should, at the same time, call upon
all the States of the Union, both slaveholding and non-slavehold-
ing, who approve this general plan, as early as possible, (say in
the latter part of February,) to appoint delegates to a general
Convention of all the States, with full powers to revise and per-
feet details, and to assent to or reject the plan ; subject, however,
to reference for final ratification, to Conventions of the States,
respectively.
Resolved, That should a sufficient number of States to perfect
these propositions, as amendments to the Constitution, not agree to
the same, in the opinion of the General Assembly of Tennessee,
the slaveholding States of the Union ought at once to adopt this
amended Constitution for themselves, and invite into a Union with
them all the non-slaveholding States which are willing to abide
such frame of Government; severing, at once and forever, all con-
nections with States refusing such reasonable guarantees to our
fhture safety.
Resolved, That Tennessee reveres the Constitution, and loves
the Union which results from it: but that the present'distracted
state of the country demands additional guarantees for the secur-
101
ity and permanence of the constitutional rights of the South, and
that she appeals to the North to give these guarantees, and restore
the confidence, peace, and good will which once bound us together
as one people.
The resolution, under the rule, lies over one day.
On motion of Mr. Gantt, 150 copies of the resolution were
ordered to be printed.
Mr. Hurt offered House Resolution No. 52, as follows:
Resolved by the General Assembly of the State of Tennessee, That
a Committee of two on the part of the House, and one on the
part of the Senate, be appointed to communicate, by telegraph,
with the Legislatures now in session in the Southern States, to
learn if the following resolution will be acted Upon affirmatively
by the said several Legislatures, to wit:
Resolved by the General Assembly of the State of Tennessee, That
a representation equal to our electoral vote be chosen by a Con-
vention of the two Houses of this General Assembly, to meet
relative representatives chosen in like manner, by not less than
Missouri, Virginia, Kentucky, North Carolina, and Arkansas; and
that the Governors of Maryland and Delaware are hereby re-
quested to appoint a representation, based upon the same basis,
to meet with the States above mentioned in Convention in the
city of Richmond, Va., on the 28th instant, to decide on such
position as those States represented will take as a basis upon
which the difficulties surrounding the country can and must be
honorably, finally, and forever settled.
A motion to suspend the rules failed, and the resolution lies
over.
Wr. Williamson offered House Resolution No. 53, as follows:
joint resolution to adjourn.
Resolved, That the two Houses of the General Assembly ad-
journ sine die on Monday, the 28th day ol January, 1861, at 12
o'clock, rn.
Which resolution, under the rule, lies over.
The following message was received from the Senate :
Mr. Speaker :
The Senate has amended and passed on third reading, House
Bill No. 3, for a Convention of the people of Tennessee, and the
same is herewith returned for the further consideration of the
House of Representatives.
Resolution, No. 48, tendering the Hall of the House to Hon.
Solon Borland, was, on motion of Mr. Williams of Hickman,
Under a su&pension of the rules, taken up.
Mr. East offered an amendment tendering a like compliment to
Hon. John Bell; which was accepted by Mr. Farrelly. By leave
of the House, Mr. East subsequently withdrew his amendment.
102
Mr. Morphis offered an amendment tendering like courtesy to
Hon. A. Johnson.
Mr. Jones offered to amend by substituting "any citizen of
Tennessee,"
Whereupon Mr. Harris demanded the previous question ; which
was not sustained.
Yeas 34
Nays 35
Representatives voting in the affirmative are :
Messrs. Baker of Perry, Baker of Weakley. Barksdale, Beatty,
Bennett, Cowden, Critz, Davidson, Davis, Doak, Farley, Far-
relly, Frazier, Gantt, Guy, Harris, Hebb, Hurt, Ingram, Kennedy,
Lea, Mayfield, Nail, Roberts, Senter, Sheid, Smith, Vaughn,
White of Dickson, Whitmore, Williams of Franklin, Williams of
Hickman, Woods, and Mr. Speaker Whitthorne.
Those voting in the negative are.
Messrs. Bicknell, Britton, Butler, Caldwell, Cheatham, Dudley,
East, Ewing, Ford, Gillespie, Gorman, Greene, Havron, Jones,
Johnson, Kenner, Kincaid of Anderson, Kincaid of Claiborne,
Lockhart, Martin, McCabe, Morris, Morphis, Norman, Pickett,
Richardson, Russell, Shrewsbury, Sowell, Trevitt, Trewhitt, White
of Davidson, Wisener, and Mr. Woodard.
Mr. Morphis' amendment was adopted.
Mr. Farrelly moved to lay Mr. Jones' amendment upon the
table; which motion prevailed.
Yeas. 36
Nays 35
Representatives voting in the affirmative are :
Messrs. Baker of Perry, Baker of Weakley, Barksdale, Beatty,
Bennett, Cowden, Critz, Davidson, Doak, Farrelly, Ford, Frazier,
Gantt, Guy, Harris, Hebb, Hurt, Ingram, Kennedy, Lea, Mayfield,
Morphis, Nail, Roberts, Sheid, Shrewsbury, Smith, Sowell, Trevitt,
Vaughn, White of Dickson, Whitmore, Williams of Hickman,
Woods, and Mr. Speaker Whitthorne.
Those voting in the negative are :
Messrs. Armstrong, Bayless, Bicknell, Brazelton, Britton, But-
ler, Caldwell, Cheatham, Davis, Dudley, East, Ewing; Farley,
Gillespie, Gorman, Greene, Havron, Jones, Johnson, Kenner, Kin-
caid of Anderson, Kincaid of Claiborne, Lockhart, Martin, Mc-
Cabe, Morris, Norman, Pickett, Richardson, Russell, Senter, Tre-
whitt, White of Davidson, Williams of Franklin, Wisener, and
Mr. Woodard.
Mr. Bicknell moved to lay the resolution and amendments on
the table;
Which motion failed.
Yeas 29
Nays 40
103
Representatives voting in the affirmative are:
Messrs Armstrong, Bayless, Bicknell, Bledsoe, Britton, Butler,
Caldwell, East, Ewing, Ford, Gillespie, Gorman Greene, Havron,
Johnson, Kenner, Kincaid of Anderson, Kincaid of Claiborne,
Martin, McCabe, Morris, Morphis, Richardson, Russell, Senter,
Trevitt, Trewhitt, Wisener and Mr. Woodard.
Those voting in the negative are :
Messrs. Baker of Perry, Baker of Weakley, Barksdale, Beatty,
Bennett, Brazelton, Cowden, Critz, Davidson, Doak, Dudley, Far-
ley, Farrelly, Frazier, Gantt, Guy, Harris, Hebb, Hurt, Ingram,
Jones, Kennedy, Lea, Lockhart, Mayfield, Nail, Pickett, Roberts,
Sheid, Shrewsbury, Smith, Sowell, Vaughn, White of Davidson,
White of Dickson, Whitmore, Williams of Franklin, Williams of
Hickman, Williamson, Woods, and Mr. Speaker Whitthorne.
Mr. Jones' amendment was then rejected.
Representatives voting in the affirmative are :
Messrs. Armstrong, Bicknell, Brazelton, Bledsoe, Britton, Cald-
well, Cheatham, East, Ewing, Gillespie, Gorman, Greene, Havron,
Jones, Johnson, Kenner, Kincaid of Anderson, Kincaid of Clai-
borne, Lockhart, Martin, McCabe, Morris, Morphis, Norman,
Richardson, Russell, Senter, Trevitt, Trewhitt, Williams of Frank-
lin,Williamson, Wisener and Mr. Woodard.
Those voting in the negative are :
Messrs. 6aker of Perry, Baker of Weakley, Barksdale, Bayless,
Beatty, Bennett. Cowden, Critz, Davidson, Doak, Dudley, Farley,
Farrelly, Ford, Frazier, Gantt, Guy, Harris, Hebb, Hurt, Ingram,
Kennedy, Lea, Mayfield, Nail, Pickett, Roberts, Sheid, Smith,
Sowell, Vaughn, WThite of Davidson, White of Dickson, Whitmore,
Williams of Hickman. Woods and Mr. Speaker Whitthorne.
The resolution, as amended by Mr. Morphis, was then adopted.
Y eas 46
Representatives voting in the affirmative are:
Messrs. Baker of Perry, Baker of Weakley, Barksdale, Beatty,
Bennett, Bledsoe, Brazelton, Britton, Cheatham, Cowden, Critz,
Davidson, Davis, Doak, Dudley, East, Farley, Farrelly, Frazier,
Gantt, Guy, Harris, Hebb, Ingram, Jones, Kennedy, Mayfield,
Morphis, Nail, Pickett, Porter, Sheid, Shrewsbury, Smith, Sowell,
Trevitt, Trewhitt, Vaughn, White of Davidson, White of Dickson,
Whitmore, Williams of Franklin, Williams of Hickman, William-
son, Woods and Mr. Speaker Whitthorne.
Those voting in the negative are:
Messrs. Armstrong, Bayless, Bicknell, Butler, Caldwell, Ewing,
Ford, Gillespie, Gorman, Greene, Havron, Hurt, Johnson, Kenner,
Yeas
Nays
33
38
Nays
28
104
Kincaid of Anderson, Kincaid of Claiborne, Lea, Lockhart, Mar-
tin, McCabe, Morris, Norman, Richardson, Roberts, Russell, Sen-
ter, Wisener and Mr. Woodard.
The House then took up the special order for the day—being
the consideration of House Bill, No. 8, prescribing the remedy for
the collection of debts, and relief of the people,—the question be-
ing upon Mr. Trewhitt's amendment to the amendment of the
Committee.
Pending which, on motion of Mr^ Ford, the House adjourned
until 2 o'clock.
AFTERNOON SESSION.
The House resumed the consideration of the unfinished busi-
ness.
Mr. Jones offered the following amendment in lieu of Mr. Tre-
whitt's:
Be it further enacted, And in all cases when executions have
been levied, the executions shall be returned from whence issued,
upon security being given as prescribed in the preceding sections,
but the same remain a lien upon the real estate, so far as levied
on such character of estate. That in all cases where any execu-
tion or order of sale may be levied on personal property, that the
debtor in the procass shall have the option to avail himself of the
preceding provisions of this act, or it shall be lawful for him to
give bond in double the value of the property, with good security,
to the levying officer, for the forthcoming of said property for sale
at the Court House of the county in which the levy is made, on
the 1st Monday in December, 1861 ; and if in the interval the
surety or sureties become insufficient, the levying officer may no-
tify the defendant, and he shall give sufficient additional security
for the delivery of said property at said time and place.
Mr. Jones entered a motion to reconsider the vote indefinitely
postponing House Bill, No. 24, for the relief of the people, intro-
duced by Mr. Farrelly.
Pending which, on motion of Mr. Bennett, the House adjourned
until to-morrow morning 10 o'clock.
105
FRIDAY MORNING, JANUARY 18, 1861.
The House met pursuant to adjournment.
Mr. Speaker Whitthorne in the Chair.
Prayer by the Rev. Mr. Hendricks.
The Journal of yesterday was read and adopted.
Mr Wisener obtained leave to record his vote in the affirmative
upon the amendment offered by Mr. Jones to the Convention Bill,
submitting the action of said Convention to ratification by the
people; and, also, in the negative upon the final passage of the
bill.
Mr. Hebb moved to take up the bill providing for a Convention
of the people; which he afterwards withdrew.
Mr. Jones renewed the motion; upon which Mr. Ford deman-
ded the ayes and noes, which he afterwards withdrew, and the
motion of Mr. Jones prevailed, and the bill providing for a Con-
vention of the people was taken up.
Mr. Williams of Hickman moved to concur in the Senate
amendment.
Whereupon, Mr. Hebb demanded the previous question, upon
which proposition the ayes and noes were demanded, and resulted
as follows:
Yeas • • 11
Nays 57
Representatives voting in the affirmative are:
Messrs. Beatty, Bennett, Cowden, Davidson, Doak, Harris, Hebb,
Ingram, Lea, Vaughn, and IV^r. Williams of Hickman.
Those voting in the negative are:
Messrs. Armstrong, Baker of Perry, Baker of Weakley, Barks-
dale, Bayless, Bicknell, Bledsoe, Brazelton, Britton, Butler, Cald-
well, Cheatham, Dudley, East, Ewing, Farley, Ford, Frazier,
Gantt, Gillespie, Gorman, Greene, Guy, Havron, Hurt, Jones,
Johnson, Kenner, Kennedy, Kincaid of Anderson. Kincaid of
Claiborne, Lockhart, Martin, Mayfield, McCabe, Morris, Morphis,
Nail, Norman, Porter, Richardson, Roberts, Russell, Senter, Sheid,
Shrewsbury, Smith, Sowell, Trevitt, Trewhitt, White of Davidson,
Williams of Franklin, Williamson, Wisener, Woods, Woodard and
Mr. Speaker Whitthorne.
Mr. Hebb offered the following amendment, which the Speaker
ruled out of order:
Resolved, That the sense of this House is, that one of the du-
ties of the Convention on its assembling, should be to limit, by
amendment to the Constitution, the session of the General As-
8embly to ninety days.
106
Mr. McCabe offered the following amendment, which was also,
by the Speaker, ruled out of order, to-wit:
That the words, " Convention or No Convention," and insert,
u Union or Disunion."
Senate amendment, No. 1, as follows, after the word delegates
in 4th line, — section, insert " Convention or No Convention
Which was, on motion of Mr. Williams of Hickman, concurred
in by the House.
Senate amendment, No. 2, as follows, <c strike out the 18th of
February," and insert " the 25th of February, 1861
Which, on motion, was concurred in by the House.
Yeas 47
Nays *26
Representatives voting in the affirmative are :
Messrs. Armstrong, Baker of Perry, Bayless, Bicknell, Brazel-
ton, Britton, Butler, Caldwell, Cheatham, Cowden, Critz, David-
son, Doak, Dudley, East, Ewing, Farrelly, Ford, Gillespie, Gorman,
Greene, Havron, Hebb, Johnson, Kenner, Kincaid of Anderson,
Kincaid of Claiborne, Martin, May field, McCabe, Morris, Morphis,
Normon, Porter, Richardson, Russell, Senter, Sheid, Shrewsbury,
Trevitt, Trewhitt, White of Davidson, Williams of Hickman,
Williamson, Wisener, and Mr. Woodard.
Those voting in the negative are :
Messrs. Baker of Weakley, Barksdale, Beatty, Bennett. Farley,
Frazier, Gantt, Guy, Harris, Hurt, Ingram, Jones, Kennedy , Lea,
Lockhart, Nail, Pickett, Roberts, Smith, Sowell, Vaughn. White
of Dickson, Whitmore, Williams of Franklin, Woods, and Mr.
Speaker Whitthorne.
Senate amendment, No. 3, as follows, u strike out twenty-one
years of age," and insert " twenty-five years of age;" was con-
curred in.
Yeas ♦ • 20
Nays 53
Representatives voting in the affirmative are :
Messrs. Bicknell, Butler, Caldwell, Critz, Dudley, Ewing, Ford,
Greene, Hebb, Hurt, Kennedy, Kincaid of Anderson, Kincaid of
Claiborne, Martin, McCabe, Trevitt, Trewhitt, White of David-
son, Williams of Hickman, and Mr. Woods.
Those voting in the negative are :
Messrs. Armstrong, Baker of Perry, Baker of Weakley, Barks-
dale, Bayless, Beatty, Bennett, Bledsoe, Brazelton, Britton, Cheat-
ham, Cowden, Davidson, Doak, East, Farley, Farrelly, Frazier,
.Gantt, Gillespie, Guy, Harris, Havron, Ingram, Jones, Johnson,
Kenner, Lea, Lockhart, Mayfield, Morris, Morphis, Nail, Norman,
Pickett, Porter, Richardson, Roberts, Russell, Senter, Sheid,
Shrewsbury, Smith, Sowell, Vaughn, White of Dickson, Whitmore,
107
Williams of Franklin, Williamson, Wisener, Woodard, and Mr.
Speaker Whitthorne.
Senate amendment, No. 4, as follows, was concurred in by the
House :
Be it also enacted, That in submitting the question of a con-
vention to the people, they shall have written or printed on their
ballots for delegates, the words, " Convention or Non convention."
The number of votes cast for a Convention be greater than the
votes cast against a Convention, then there shall be a Convention.
Senate amendment, No. 5, as follows, strike out all after the
word qualified in the 8th section, and insert, " vote polled, and that
before any act or ordinance touching our relation to the Federal
Government shall be binding, the same shall be submitted back
to the people for their rejection or approval, not sooner than forty
days after the passage of such act or ordinance ; and not less than
twenty days' notice of the times and places of voting to be given
by the sheriffs or officers in all the counties in the State."
Mr. Bayless moved to strike out forty, and insert twenty-five.
Mr. Morris asked a division of the question on the motion to
strike out and insert.
Mr. Bayless, by leave of the House, withdrew his motion to
strike out forty and insert twenty-five.
Mr. Lockhart moved the previous question upon a concurrence
to Senate amendment; which motion was sustained.
The amendment was non-concurred in.
Representatives voting in the affirmative are:
Messrs. Baker of Perry, Baker of Weakley, Barksdale, Bayless,
Beatty, Bennett, Cowden, Critz, Davidson, Doak, Dudley, Ford,
Frazier, Gantt, Harris, Hebb, Hurt, Kennedy, Lea, Lockhart,
Martin, Nail, Pickett, Porter, Roberts, Sheid, Smith, Sowell, Tre-
vitt, White of Dickson, Williams of Hickman, and Mr. Woods.
Those voting in the negative are:
Messrs. Armstrong, Bicknell, Bledsoe, Brazelton, Britton, But-
ler, Caldwell, Cheatham, East Ewing, Farley, Farrelly, Gillespie,
Gorman, Greene, Guy, Havron, Jones, Johnson, Kenner, Kincaid
of Anderson, Kincaid of Claiborne, Mayfield, McCabe, Morris,
Morphis, Norman, Richardson, Rusell, Senter, Shrewsbury, Trew-
hitt, Vaughn, White of Davidson, Whitmore, Williamson, Wise-
ner, Woodard, and Mr. Speaker Whitthorne.
The bill was directed to be transmitted to the Senate.
Mr. Barksdale, from the Committee on Federal Relations, made
the following report:
We have had under consideration, Resolution, No. 51, and re-
commend resolution in lieu of the same, and of all others on the
same subject. BARKSDALE, Chairman.
Yeas
Nays
32
39
108
Mr. Johnson moved to make the resolutions the special order
for 10£ o'clock, Monday.
Mr. Ford demanded the ayes and noes, and the motion failed.
Representatives voting in the affirmative are :
Messrs. Armstrong, Bicknell, Bledsoe, Brazelton, Butler, Cald-
well, Cheatham, Dudley, East, Ewing, Farrelly, Gillespie, Gor-
man, Greene, Havron, Johnson, Martin, McCabe, Morris, iVlorphis,
Norman, Richardson, Russell, Senter, Shrewsbury, Trewhitt,
White of Davidson, Williamson, Wisener, and Mr. Woodard.
Those voting in the negative are :
Messrs. Baker of Perry, Baker of Weakley, Barksdale, Bayless,
Beatty, Bennett, Britton, Cowden, Critz, Davidson, Doak, Farley,
Ford, Frazier, Gantt, Guy, Harris, Hebb, Hurt, Jones, Kenner,
Kennedy, Kincaid of Anderson, Kincaid of Claiborne, Lea, Lock-
hart, Mayfield, Nail, Roberts, Sheid, Smith, Sowell, Trevitt,
Vaughn, White of Dickson, Whitmore, Williams of Franklin,
Williams of Hickman, Woods, and Mr. Speaker Whitthorne.
Mr. Gantt moved to make it the special order for to-morrow 10£
o'clock; which motion prevailed.
Yeas 47
Nays 22
Representatives voting in the affirmative are:
Messrs. Baker of Perry, Baker of Weakley, Barksdale, Bayless,
Beatty, Bennett, Bicknell, Brazelton, Britton, Cheatham, Cowden,
Critz, Davidson, Doak, Farley, Farrelly, Ford, Frazier, Gantt, Guy,
Harris, Hebb, Hurt, Jones, Kenner, Kennedy, Kincaid of Ander-
son, Lea, Lockhart, Martin, Mayfield, Morris, Morphis, Nail, Rob-
erts, Sheid, Shrewsbury, Smith, Sowell, Trevitt, Vaughn, White
of Davidson, White of Dickson, Whitmore, Williams of Franklin,
Williams of Hickman, Woods and Mr. Speaker Whitthorne.
Those voting in the negative are:
Messrs. Armstrong, Bledsoe, Butler, Dudley, Ewing, Gillespie,
Gorman, Greene, Havron, Hurt, Johnson, Kincaid of Claiborne,
McCabe, Norman, Richardson, Russell, Senter, Trewhilt, William-
son, Wisener and Mr. Woodard.
On motion, the House adjourned until 2 o'clock P. M.
Yeas
Nays
30
40
109
AFTERNOON SESSION.
Mr. Dudley presented the report of the Supervisor of Banks.
On motion, it was laid on the table, and 300 copies ordered to
"be printed.
Mr. Porter obtained leave of absence for Mr. Williamson until
Monday morning.
The Speaker announced bills and resolutions to be in order.
Whereupon, Mr. Morris, introduced House Bill, No. 29, entitled
an act that will greatly relieve the people, if passed into a law.
Which passed first reading.
Mr. Bennett introduced House Bill, No. 30, entitled a bill to
regulate the future management of the Banks of Tennessee and
Branches, and for the relief of the people.
Which passed its first reading.
Mr. Baker of Perry introduced House Bill, No. 31, entitled an
act to repeal section 521 of the Code.
Which passed its first reading.
Mr. Pickett offered House Resolution, No. 53, as follows:
Resolved, That the Governor be, and is hereby authorized to
appoint a Commissioner to any State which may have passed
laws to prevent the execution of the fugitive slave law, and ask
that the same may be repealed.
Motion to suspend the rule failed, and the resolution lies over
under the rule.
House Bill, No. 1, to repeal the conventional interest law, was
made the special order for Monday morning at half past ten
o'clock.
A message was received from the Senate by Mr. Paul, their
clerk, as follows:
Mr. Speaker:
I am directed by the Senate to return House Bill, No. 3, for a
Convention of the people of Tennessee.
The Senate has receded from its amendment No. 1, but insists
on its amendment No. 2, and asks for a Committee of Conference
on the same, and the Speaker of the Senate has appointed Messrs.
Stovall, Lane and Stokes on said Committee on the part of the
Senate.
Mr. Jones moved that the Speaker appoint a committee of five;
which motion prevailed.
Whereupon the Speaker appointed Messrs. Jones, Hurt, Gantt,
Dudley and Lea.
The House then resumed the unfinished business of yesterday—
being House Bill, No. 3, prescribing a remedy for the collection of
110
debts,—the question being on the adoption of Mr. Trewhitt's
amendment to Mr. Jones' amendment.
Mr. Ford offered the following bill in lieu of the bill and amend-
ment:
. Section 1 .'Be it enacted by the General Assembly of the State of
Tennessee, That all the laws of this State authorizing the issu-
ance of executions upon judgments rendered upon contracts, ex-
press or implied, or upon judgments in action ex delicto, be, and
the same are hereby suspended until the first day of Jan'y, 1862.
Sec. 2. Be it further enacted, That no sheriff, coroner or con-
stable, or other execution officer, tax collector excepted, shall pre-
sume or attempt to levy any execution in his hands, or enforce
any levy now made; any such acts are hereby declared null and
void, and the officer violating the provisions of this section, shall
be held liable to indictment or presentment, and subjected to fine
or imprisonment as for a misdemeanor
Sec. 3. Be it further enacted, That judgments now rendered,
shall be a lien upon the real estate of the defendant in law and
equity according to the character of the defendant's title, until
said first, day of January, 1862, subject to be enforced in law or
equity as the case may be at that time.
Sec. 4. Be it further enacted, That in order to entitle debtors to
the benefit of this act, who have now, or have had, judgments
stayed, they shall procure satisfactory or sufficient stay or of exe-
cution, until said first day of January, 1862.
Sec. 5. This act shall not extend to criminal prosecutions.
Sec. 6. This act shall not interfere with the prosecution of any
suit by attachment, or otherwise to final judgment; and in case
of attachment, the same shall be, and remain a lien on the de-
fendant's property, until the debt is paid, or property exhausted.
Sec. 7. This act shall take effect from its passage.
On motion of Mr. Wisener, the House resolved itself into a
Committee of the Whole, Mr. Caldwell in the Chair.
After the considering of the bill, section by section, the Com-
mittee rose, and reported they were unable to agree.
By leave of the riouse, the following bills were introduced :
Mr. Williams of Hickman introduced House Bill. No. 32, enti-
tied, an act directory to the County Court of Hickman County.
Which passed its first reading.
Mr. Martin introduced House Bill, No, 33, entitled, an act to
extend the time for returning justices' executions.
Which passed its first reading.
Mr. Ford's bill in lieu was rejected.
Yeas 16
Nays-. 48
Representatives voting in the affirmative are :
Messrs. Bledsoe, Caldwell, Cheatham, Doak, Dudley, Ford,
Ill
Harris, Hurt, Kenner, McCabe, Pickett, Porter, Sheid, Trewhitt,
Vaughn and Mr. Speaker Whitthorne.
Those voting in the negative are :
Messrs. Armstrong, Baker of Perry, Baker of Weakley, Barks-
dale, Bayless, Beatty, Bennett, Bicknell, Brazelton, Britton, But-
ler, Cowden, Critz, East, Ewing, Farley, Frazier, Gantt, Gorman,
Greene, Guy, Havron, Hebb, Ingram, Jones, Johnson, Kennedy,
Kincaid of Anderson, Kincaid of Claiborne, Lea, Lockhart, Mar-
tin, May field, Morris, Morphis, Nall4 Richardson, Roberts, Senter,
Smith, Sowell, Trevitt, White of Davidson, White of Dickson,
Williams of Hickman, Wisener, Woods and Mr. Woodard.
Mr. Hurt moved to lay the bill and amendments on the table ;
upon which motion the ayes and noes were demanded, and the
motion failed.
Yeas 30
Nays 37
Representatives voting in the affirmative are :
Messrs. Armstrong, Baker of Perry, Baker of Weakley, Beatty,
Caldwell, Cheatham, Dudley, East, Ewing, Farley, Farrelly,
Greene, Guy, Harris, Hurt, Kennedy, Kincaid of Anderson, Mc-
Cabe, Porter, Richardson, Roberts, Shrewsbury, Smith, Sowell,
White of Davidson, White of Dickson, Williams of Hickman,
Woods, and Mr. Woodard.
Those voting in the negative are:
Messrs. Barksdale, Bayless, Bennett, Brazelton, Britton, Butler,
Cowden, Critz, Doak, Ford, Frazier, Gantt, Gillespie, Gorman,
Havron, Hebb, Ingram, Jones, Johnson, Kenner, Kincaid of Clai-
borne, Lea, Lockhart, Martin, Mayfield, Morris, Morphis, Nail,
Pickett, Senter, Sheid, Trevitt, Trewhitt, Vaughn, Wisener, and
Mr. Speaker Whitthorne.
Mr. Trewhitt, by leave, withdrew his original amendment.
Mr. Jones accepted the amendment offered by Mr. Trewhitt to
his amendment.
The committee's amendment was then adopted, and also the
amendment offered by Mr. Bicknell.
Mr. Morris moved to amend by adding after the words " at the
Court House," or such other place as the parties may agree upon ;
which was adopted.
Mr. Trewhitt offered the following additional amendment:
Be it further enacted, That the provisions of this act shall not
apply to actions or judgments against executors, administrators,
or other officers acting in an official capacity; which was
adopted.
Mr. Hurt offered the following amendment:
Be it further enacted, That at the expiration of the present
stay, executions may issue for the amount of costs and officer's
fees.
112
On motion of Mr. Ford, Mr. Hurt's amendment was laid^upon
the table.
Yeas 38
Nays « 25
Representatives voting in the affirmative are:
Messrs. Barksdale, Bayless, Beatty, Bennett, Bledsoe, Britton,
Butler, Caldwell, Critz, Doak, Farrelly, Ford, Frazier, Gantt, Har-
ris, Havron, Jones, Johnson, Kenner, Kennedy, Kincaid of An-
derson, Kincaid of Claiborne, Mayfield, McCabe, Morris, Nail,
Richardson, Russell, Senter, Shied, Smith, Sowell, Trevitt, Tre-
whitt Vaughn, Woods, Woodard, and Mr. Speaker Whitthorne,
Those voting in the negative are:
Messrs. Armstrong, Baker of Perry, Baker of Weakley, Bicknell,
Brazelton, Dudley, East, Ewing, Farley, Gorman, Greene, Hebb,
Hurt, Lea, Lockhart, Martin, Morphis, Pickett, Porter, Roberts,
Shrewsbury, White of Davidson, White of Dickson, Williams of
Hickman, and Mr. Wisener.
The following message was received from the Senate, by their
Clerk, Mr. Paul:
Mr. Speaker :
The Senate has concurred in House Resolution, No. 38, in regard
to the action of the Legislature of the State of New York, in ten-
dering men and means to the President of the United State, to
assist in coercing sovereign States of the South, and the same is
herewith returned to the House for enrollment.
The Senate has adopted House Resolution, No. 44, directory
to the Governor, and has concurred and adopted House Resolu-
tion, No. 46, directory to the Comptroller, and the same are here-
with returned to the House of Representatives.
Mr. Bennett offered the following amendment:
Be it further enacted, That if any party, upon being notified
to give additional security, and shall fail to do so, then the officer
shall proceed and sell the property levied upon.
On motion of Mr. Bennett, it was ordered that 150 copies be
printed.
Senate Bill, No. 4, to give the banks further time to resume
specie payment, passed second reading.
On motion of Mr. Brazelton, 75 copies were ordered to be
printed.
On motion of Mr. Bennett, the House adjourned until 10 o'clock
to morrow.
118
SATURDAY MORNING, JANUARY 19, 1861.
The House met pursuant to adjournment.
Mr. Speaker Whitthorne in the Chair.
Prayer by the Rev. Dr. Summers.
The Journal of yesterday was read and approved.
Mr. Lockhart, Chairman on Enrolled Bills, made the following
report:
The Committee on Enrolled Bills have examined and compared
House Resolutions, Nos. 38 and 44, with the engrossed copies of
the same, and find them correctly enrolled, and ready for the
Speaker's signature. H. C. LOCKHART, Chairman.
Mr. Gantt obtained leave of absence for Mr. White of Dick-
son, for the remainder of the session, in consequence of ill-health.
Mr. Nail offered House Resolution, No. 34, as follows:
Whereas, The exigencies of the times demand that something
should be done by this Legislature for the immediate relief of the
people; therefore,
Be it resolved, That no member shall be permitted to address
the House at any one time longer than five minutes, unless it is
the wish of the House to hear him, and that to be manifested by
two-thirds of the members present keeping their respective seats
at the time the member may be so addressing the House; and be
it further
Resolved, That each member use his utmost exertion to get
through the business of the House at as early day as possible.
Which lies over under the rule.
Mr. Armstrong offered House Resolution, No. 55, as follows :
Whereas, As Tennesseans we believe it. to be our privilege to in-
dicate respectfully our opinions as to the course our State should
adopt, pending the revolutionary storm now imperriling the integ-
rity of the Union, so as to preserve intact the Federal Govern-
ment, and at the same time maintain inviolate the sacred honor
of Tennessee and the Constitutional rights of the South; there-
fore,
Be it resolved by the G-eneral Assembly of the State of Tennes-
see, That it is the sense of this General Assembly, that the Con-
vention to assemble on the 25th day of February, 1861, at the
State Capitol, should offer as the basis of the adjustment of the
slavery question, and the difficulties now so unfortuately existing
among the States of this Union, and propound to the people of
the State, as provided for in the act authorizing said Convention,
the Constitution of the United States, as amended by the fol-
lowing propositions:
Whereas, Serious and alarming dissentions have arisen between
8 H
114
the Northern and Southern States, concerning the rights of the
slaveholding States, and especially their rights in the common ter-
ritory of the United States; and whereas, it is eminently desira-
ble and proper that the dissentions. which now threaten the very
existence of this Union, should be permanently quieted and set-
tied by the constitutional provisions, which shall do equal justice
to all sections, and thereby restore to the people that peace and
good will which ought to prevail between all the citizens of the
United States; therefore,
Resolved by the Senate and House of Representatives of the United
States of America, in Congress assembled, two-thirds of both Houses
concurring. That the following articles be, and are hereby pro-
pobed and submitted as amendments to the Constitution of the
United States, which shall be valid to all intents and purposes as
part of said Constitution, when ratified by conventions of three-
fourths of the several States.
Article 1. In all the territory of the United States now held or
hereafter acquired, situated North of latitude thirty-six degrees
and thirty minutes, slavery or involuntary servitude, except as a
punishment for crime, is prohibited, while such territorial govern-
ment remains. In all the territory South of said line of latitude
slavery of the African race is hereby recognized as existing, and
shall not be interfered with by Congress; and shall be protected
as property by all the departments of the territorial government
during its continuance ; and when any territory, north or South of
said line, within such boundaries as Congress may prescribe, shall
contain the population requisite for a member of Congress, ac-
cording to the then Federal ratio of representation of the people
of the United States, it shall, if its form of government be repub-
lican, be admitted into the Union on an equal footing with the
original States, with or without slavery, as the Constitution of
such new State may provide.
Art. 2. Congress to have no power to abolish slavery in pla-
ces under its exclusive jurisdiction, and situate within the limits of
States that permit the holding of slaves.
Art. 3. Congress to have no power to abolish slavery within
the District of Columbia, as long as it exists in the adjoining States
of Virginia and Maryland, or either, nor without the consent of the
inhabitants, nor without just compensation made to such owners
of slaves as do not consent to such abolishment. Nor shall Con-
gress at any time prohibit officers of the Federal Government or
members of Congress, whose duties require them to be in said
District, from bringing with them their slaves, and holding them,
as such, during the time their duties may require them to remain
there, and afterwards taking them from the District.
Art. 4. Congress to have no power to prohibit or hinder the
transportation of slaves from one State to another, or to a ter-
115
ritory in which slaves are by law permitted to be held, whether
that transportation be by land, navigable rivers, or by th.e sea.
Art. 5. That, in addition to the provisions of the third para-
graph of the second section of the fourth article of the Constitu-
tion of the United States, Congress shall have power to provide
by law, and it shall be its duty to so provide, that the United
States shall pay to the owner who shall apply for it, the full value
of his fugitive slave, in all cases, when the marshal, or other offi-
cers, whose duty it was to arrest said fugitive, was prevented from
so doing by violence or intimidation, or when, after arrest, said
fugitive was rescued by force, and the owner thereby prevented
and obstructed in the pursuit of his remedy for the recovery of his
fugitive slave, under the said clause of the Constitution and the
laws made in pursuance thereof. And in all such cases, when
the United States shall pay for such fugitive, they shall have the
right, in their own name, to sue the county in which said violence,
intimidation, or rescue was committed, and to recover from it,
with interest and damages, the amount paid by them for said fu-
gitive slave. And the said county, after it has paid said amount
to the United States, may, for its, indemnity, sue and recover from
the wrong-doers, or rescuers, by whom the owner was prevented
from the recovery of his fugitive slave, in like manner as the owner
himself might have sued and recovered.
Art. 6. In all the territory of the United States, South of the
parallel of thirty-six degrees and thirty minutes, slavery shall be
recognized as existing, and in all north of that line, it shall not be
recognized; but whenever States, formed out of any of said ter-
ritory, North or South of the line, having a population equal to
that of a Congressional District, shall apply for admission into
the Union, they shall be received, with or without slavery, as their
Constitutions may prescribe.
Art. 7. No future amendment of the Constitution shall affect
the five preceding articles, nor the third paragraph of the second
section of the first article of the Constitution, nor the third para-
graph of the second section of the fourth article of said Constitu-
tion, and no amendment shall be made to the Constitution which
will authorize or give to Congress any power to abolish or inter-
fere with slavery in any of the States by whose laws it is or may
be allowed or permitted.
Resolved, That our sister States of this confederacy, both north
and south, shall be urged to submit the Constitution so amended
to their citizens for ratification or rejection.
Resolved, That the Governor of the State be requested to
transmit to the President of the Convention, when the same shall
have been organized, a copy of these resolutions, and request that
the same be submitted to said Convention.
Which lies over under the rule.
116
A message was received from the Senate by tbeir Clerk, Mr.
Paul, as follows :
Mr. Speaker:
The Senate has adopted Senate Resolution, No. 12, in regard
to an address to the southern and northern States, for the purpose,
if possible, of saving the Union from dismemberment; also, Sen-
ate Resolution, No. 17, to relieve J W. Roberts, tax collector for
Overton county, and the same is herewith transmitted for the ac-
tion of the House of Representatives.
The Sena'e has adopted the report of the Committee of Con-
ference on Senate amendment No. 2, to House Bill, No. 3, for a
convention of the people of Tennessee, and recedes from said
amendment. The bill is herewith returned to the House of Rep-
resentatives for enrolment.
The unfinished business of yesterday was resumed.
The question being on the adoption of Mr. Bennett's amend-
ment; which was adopted.
Mr. Vaughn offered the following amendment:
Be it -further enacted, That all judgments rendered by the seve-
ral justices of the peace of this State, upon registration, shall
operate as a lien upon the real estate of the defendant or defend-
ants, from the time of the registration of said judgments : Pro-
vided, however, Such judgment shall be registered in the county
where such estate may be situate ; which was adopted.
Mr. Morris demanded a division of the question upon the pas*
sage of the bill; whereupon,
Mr. Pickett called for the special order of the day, being House
Resolution, No. 51, on our Federal Relations, and the following
resolutions in lieu offered by the committee:
Resolved hy the General Assembly of Tennessee, That a Conven-
tion of delegates from all the slaveholding States should assemble
at Montgomery, Ala., on the 1st day of February, 1861, to digest
and define the basis upon which, if possible, the Federal Union
and the constitutional rights of the slave States may be perpetu-
ated and preserved.
Resolved, That the General Assembly of Tennessee appoint a
number of delegates to said Convention, of our ablest and wisest
men, equal to our whole delegation in Congress; and that the
Governor of Tennessee immediately furnish copies of these reso-
lutions to the Governors of the slaveholding States, and urge the
participation of such States in said Convention.
Resolved, That in the opinion of this General Assembly, such
plan of adjustment should embrace the following propositions as
amendments to the Constitution of the United States:
1. That African slaves, as held under the institutions of the
slave States, are property, and entitled to the status of other
117
species of property any where within the jurisdiction of the United
States.
2. An amendment running a line on the borders of the slave
States, until it touches our territories, and then west, on the paral-
lei of thirty-six degrees and thirty minutes, until it touches the
boundary of the State of California, and then with her boundary
to the Pacific Ocean ; and declaring that in all the States and
territories now owned, or which may be acquired by the United
States south of said line, slavery shall exist, and in all north, it
shall be forever prohibited.
3. Congress shall have no power to abolish slavery in places
under its exclusive jurisdiction, and situate within the limits of
States that permit the holding of slaves.
4. Congress shall have no power to abolish slavery within the
District of Columbia, as long as it exists in the adjoining States
of Virginia and Maryland, or either, nor without the consent of
the inhabitants, nor without just compensation made to such own-
ers of slaves as do not consent to such abolishment. Nor shall
Congress at any time prohibit officers of the Federal Government
or members of Congress, whose duties require them to be in said
District, from bringing with them, their slaves, and holding them
as such, during the time their duties may require them to remain
there, and afterwards take them from the District.
5. Congress shall have no power to prohibit or hinder the trans-
portation of slaves from one State to another, or to a territory in
which slaves are by law permitted to be held, whether that trans-
portation be by land, navigable rivers, or by the sea.
6. In addition to the fugitive slave clause, provide that when a
slave has been demanded of the Executive authority of the State
to which he has fled, if he is not delivered, and the owner per-
mitted to carry him out of the State in peace, that the State so
failing to deliver, shall pay to the owner the value of such slave,
and such damages as he may have sustained in attempting to re-
claim his slave, and secure his right of action in the Supreme
Court of the Dnited States, with execution against the property
of such State, and of the individuals thereof.
7. No future amendment of the Constitution shall affect the six
preceding articles, nor the third paragraph of the second section of
the first article of the Constitution, nor the third paragraph of the
second section of the fourth article of said Constitution, and no
amendment shall be made to the Constitution which will author-
ize or give to Congress any power to abolish or interfere with
slavery in any of the States by whose laws it is or may be allowed
or permitted.
8. That slave property shall be rendered secure in transit
through, or whilst temporarily sojourning in non-slaveholding
States, or Territories, or in the District of Columbia.
9. An amendment to the effect, that all fugitives are to be
118
deemed those offending the law$ within the jurisdiction of the
State, and who escape therefrom to other States, and that it is
the duty of each State to suppress armed invasion of another
State.
Mr. Davis moved to postpone the consideration of the resolu-
tion until Monday ; which motion failed.
The ayes and noes being demanded, resulted as follows:
Y eas 29
Nays 36
Representatives voting in the affirmative are:
Messrs. Armstrong, Bicknell, Bledsoe, Britton, Butler, Caldwell,
Cheatham, Davis, Dudley, East, Farrelly, Gillespie, Gorman,
Greene, Havron, Johnson, Kenner, Kincaid of Claiborne, Martin,
McCabe, Morris, Richardson, Russell, Senter, Smith, Trewhitt,
White of Davidson, Whitmore, and Mr. Woodard.
Those voting in the negative are:
Messrs. Baker of Perry, Baker of Weakley, Barksdale, Bayless,
Beatty, Bennett, Cowden, Critz, Davidson, Doak, Farley, Ford,
Frazier, Gantt, Harris, Hebb, Hurt, Ingram, Jones, Kennedy,
Kincaid of Anderson, Lea, Lockhart, Mayfield, Morphis, Nail,
Pickett, Porter, Roberts, Shied, Shrewsbury, Sowell, Trevitt,
Vaughn, Woods, and Mr. Speaker Whitthorne.
Mr. Jones moved to amend the resolution in lieu, by striking
out Montgomery, Ala., and inserting Nashville, Tenn.
Upon which motion, Mr. Morphis demanded the ayes and noes,
and resulted
Yeas 50
Nays 15
Representatives voting in the affirmative are:
Messrs. Armstrong, Baker of Perry, Barksdale, Bennett, Bicknell,
Bledsoe, Brazelton, Britton, Butlen, Caldwell, Cheatham, Davis,
Dudley, East, Farley, Farrelly, Ford, Frazier, Gantt, Gillespie,
Gorman, Greene, Havron, Hebb, Hurt, Jones, Johnson, Kenner,
Kennedy, Kincaid of Anderson, Kincaid of Claiborne, Lea, Lock-
hart, Martin, Mayfield, Mortis, Morphis, Nail, Pickett, Richardson,
Russell, Senter, Sheid, Shrewsbury, Trevitt, Trewhitt, White of
Davidson, Woods, Woodard, and Mr. Speaker Whitthorne.
Those voting in the negative are :
Messrs. Baker of Weakley, Bayless, Beatty, Cowden, Critz,
Davidson, Doak, Harris, Ingram, McCabe, Porter, Roberts, Smith,
Sowell, Vaughn, and Mr. Whitmore.
Mr. Cheatham moved to reconsider the vote refusing to post-
pone the consideration of the resolution ; which motion prevailed.
Yeas 33
Nays 31
119
Representatives voting in the affirmative are:
Messrs. Armstrong, Baker of Perry, Bayless, Bicknell, Brazelton,
Britton, Butler, Caldwell, Cheatham, Davis, Dudley. East, Farrelly,
Gillespie, Gorman, Greene, Havron, Hebb, Johnson, Kenner, Kin-
caid of Anderson, Kincaid of Claiborne, Martin, McCabe, Morris,
Russell, Senter, Shrewsbury, Smith, Trevvhitt, White of Davidson,
Whitmore,. and Mr.Woodard.
Those voting in the negative are:
Messrs. Baker of Weakley, Beatty, Bennett, Bledsoe, Cowden,
Critz, Davidson, Doak, Farley, Ford, Frazier, Gantt, Hurt, In-
gram, Jones, Kennedy, Lea, Lockhart, Mayfield, Morphis, Nail,
Pickett, Porter, Richardson, Roberts, Shied, So well, Trevitt,
Vaughn, and Mr. Speaker Whitthorne.
The motion to postpone was a second time rejected.
Representatives voting in the affirmative are :
Messrs. Armstrong, Bicknell, Bledsoe, Britton, Caldwell, Cheat-
ham, Davis, Dudley, East, Farrelly, Gillespie, Gorman, Greene,
Havron, Johnson, Kenner, Kincaid of Anderson, Kincaid of Clai-
borne, Martin, McCabe, Morris, Richardson, Russell, Senter,
Shrewsbury, Trewhitt, White of Davidson, Whitmore, and Mr.
Woodard.
Those voting in the negative are :
Messrs. Baker of Perry, Baker of Weakley, Barksdale, Bayless,
Beatty, Bennett, Brazelton, Cowfien, Critz, Davidson, Doak, Far-
ley, Ford, Frazier, Gantt, Harris,. Hebb, Hurt, Ingram, Jones,
Kennedy, Lea, Lockhart, Mayfield, Morphis, Nail, Pickett, Porter,
Robert-, Sheid, Smith, Sowell, Trevitt, Vaughn, and Mr. Speaker
Whitthorne.
Mr. McCabe moved to lay the resolution and amendments on
the table; which motion failed.
Representatives voting in the affirmative are :
Messrs. Havron, Kincaid of Anderson, McCabe, Trewhitt, and
Mr. Woodard.
Those voting iij the negative are:
Messrs. Armstrong, Baker of Perry, Baker of Weakley, Barks-
dale, Bayless, Beatty, Bennett, Bicknell, Bledsoe, Brazelton, Brit-
ton, Butler, Caldwell, Cheatham, Cowden, Critz, Davidson, Davis,
Doak, Dudley, East, Farley, Farrelly, Ford, Frazier, Gantt, Gil-
lespie, Gorman, Greene, Guy, Harris, Hebb, Hurt, Ingram, Jone;,
Johnson, Kenner, Kennedy, Kincaid of Claiborne, Lea, Lockhart,
Martin, Mayfield, Morris, Morphis, Nail, Pickett, Porter, Richard-
son, Roberts, Senter, Sheid, Shrewsbury, Smith, Sowell, Trevitt,
White of Davidson, Whitmore, Woods, and Mr. Speaker Whit-
thorne.
Yeas
Nays
29
35
Yeas
Nays
5
60
120
Mr. Jones offered the following amendment:
Resolved, That should a plan of adjustment satisfactory to the
South not be acceded to by the requisite number of States, to
perfect amendments to the Constitution, it is the opinion of this
General Assembly that the slaveholding States should adopt for
themselves the Constitution of the United States, with such
amendments as may be satisfactory to the slaveholding States,
and that they should invite into a Union with them all States of
the North which are willing to abide such amended Constitution
and frame of Government; severing at once and forever all con-
nections with States refusing such reasonable guarantees to our
future safety.
Mr. Lea moved to amend Mr. Jones' amendment, as follows:
Strike out " and that they should unite into a Union with them
all States of the North which are willing to abide such amended
Constitution and form of Government."
Which was ruled out of order by the Speaker.
Mr. Jones moved to amend his amendment by striking out the
words "and forever;" which was adopted.
Mr. Jones' amendment was then adopted.
Yeas 42
Nays 23
Representatives voting in the affirmative are :
Messrs. Barksdale, Beatty, Bennett, Bicknell, Brazelton, Britton,
Butler, Caldwell, Cheatham, Cowden, Critz, Davis, Doak, Dudley,
East, Farrelly, Ford, Giliespie, Gorman, Havron, Hebb, Hurt, Jones,
Johnson, Kenner, Kennedy, Kincaid of Anderson, Kincaid of
Claiborne, Lockhart. Martin, Mayfield, Morris, Morphis, Pickett,
Porter, Richardson, Roberts, Russell, Trevitt, White of Davidson,
Williams of Hickman, and Mr. Woodard.
Those voting in the negative are :
Messrs. Armstrong, Baker of Perry, Baker of Weakley, Bledsoe,
Davidson, Farley, Frazier Gantt, Guy, Harris, Ingram, Lea, Mc-
Cabe, Nail, Senter, 8heid. Shrewsbury, Smith, Sowell, Trewhitt,
Vaughn, Woods, and Mr. Speaker Whitthorne.
Mr. East offered the following amendment:
Strike out from 1st to 8th inclusive and insert the following:
And in all the Territory of the United States, now held, or here-
after to be acquired, situate north of latitude 36 deg. 30 min.,
slavery, or involuntary servitude, except as a punishment for crime,
is prohibited, while such Territories shall remain Territorial Gov-
ernments. In all the Territories south of said line of latitude,
slavery of the African race is hereby recognized as existing, and
shall not be interfered with by Congress, but shall be protected
as property by all the departments of the Federal Government,
during its continuance. And when any Territory north or south
of said line, within such boundaries as Congress may prescribe,
121
shall contain the population requisite for a member of Congress,
according to the then existing Federal ratio bf representation of
the people of the United States, it shall, if its form of govern-
ment be Republican, be admitted into the Union, on an equal
footing with the original States, with or without slavery, as the
Constitution of such new State may prescribe.
1. Congress to have no power to abolish slavery under its ex-
elusive jurisdiction, and situate within the limits of States that
permit the holding of slaves.
2. Congress to have no power to abolish slavery within the
District of Columbia, as long as it exists in the adjoining States
of Virginia and Maryland, or either, nor without the consent of
the inhabitants, nor without just compensation made to such
owners of slaves as do not consent to such abolishment. Nor shall
Congress at any time prohibit officers of the Federal Govern-
ment, or members of Congress, whose duties require them to be
in said District, from bringing with them their slaves, and holding
them as such during the time their duties may require them to
remain there, and afterwards taking them from the District.
3. Congress to have no power to prohibit or hinder the trans-
portation of slaves from one State to another, or to a Territory
in which slaves are by law permitted to be held, whether that
transportation be by land, navigable rivers, or by the sea.
4. That, in addition to the provisions of the third paragraph of
the second section of the fourth article of the Constitution of the
United States, Congress shall have power to provide by law, and
it shall be its duty to so provide, that the United States shall pay
to the owner who shall apply for it, the full value of his fugitive
slave, in all cases, when the marshal or other officer, whose duty
it was to arrest said fugitive, was prevented from so doing by
violence or intimidation, or when, after arrest, said fugitive was
rescued by force, and the owner thereby prevented and obstructed
in the pursuit of his remedy for the recovery of his fugitive slave,
under the said clause of the Constitution and the laws made in
pursuance thereof. And in all such cases when the United States
shall pay for such fugitive, they shall have the right, in their own
name, to sue the county in which said violence, intimidation, or
rescue was committed, and to recover from it, with interest and
damages, the amount paid by them for said fugitive slave. And
the said county, after it has paid said amount to the United States,
may, for its indemnity, sue and recover from the wrong-doers, or
rescuers, by whom the owner was prevented from the recovery of
his fugitive slave, in like manner as the owner himself might
have sued and recovered.
5. In all the Territory of the United States south of the paral-
lei of 36 deg. 30 min., slavery shall be recognized as existing ;
and in all north of that line, it shall not be recognized; but
whenever States, formed out of any of said Territory, north or
122
south of the line, having a population equal to that of a Con-
gressional District, shall apply for admission into the Union, they
shall be received, with or without slavery, as their Constitutions
may prescribe.
6. No future amendment of the Constitution shall affect the five
preceding articles, nor the third paragraph of the second section
of the first article of the Constitution, nor the third paragraph of
the second section of the fourth article of said Constitution; and
no amendments shall be made to the Constitution which will au-
thorize or give to Congress any power to abolish or interfere with
slavery in any of the States by whose laws it is, or may be, al-
lowed or permitted.
An amendment to the effect that all fugitives are to be deemed
those offending the laws within the jurisdiction of the States, and
who escape therefrom to other States ; and it is the duty of each
State to suppress armed invasions of another State.
Mr. Bennett, by leave, introduced House Bill, No. 34, to amend
the charter of the Gallatin and Cole's Ferry Turnpike Company.
Passed its first reading.
Mr. Cheatham offered House Resolution, No. 56, as follows:
Resolved, That the use of the Hall of the House of Represen-
tatives be tendered to the Hon. John Bell, on Tuesday evening
next.
On motion, the rules were suspended and the resolution adopted.
Mr. Lockhart demanding the ayes and noes.
Yeas 53
Nays 14
Representatives voting in the affirmative are :
Messrs. Armstrong, Baker of Perry, Baker of Weakley, Barks-
dale, Beatty, Bennett, Bicknell, Bledsoe, Brazelton, Britton, But-
ler, Caldwell, Cheatham, Cowden, Critz, Davidson, Davis, Doak,
Dudley, East, Farley, Farrelly, Frazier, Gantt, Gorman, Guy,
Harris, Hebb, Hurt, Ingram, Jones, Kennedy, Kincaid of Ander-
son, Lea, Mayfield, Morris, Morphis, Nail, Porter, Richardson,
Shied, Shrewsbury, Smith, Sowell, Trevitt, Trewhitt, Vaughn,
White of Davidson, Whitmore, Williams of Hickman, Woods,
and Mr. Speaker Whitthorne.
Those voting in the negative are :
Messrs. Bayless, Ford, Gillespie, Greene, Havron, Johnson,
Kenner, Kincaid of Claiborne, McCabe, Roberts, Senter, and Mr.
Woodard.
Mr. Jones called up Senate Message, being Senate Resolution,
No. 17, to relieve J. YV. Roberts, Tax Collector for Overton county;
which was adopted by the House.
On motion of Mr. Bayless, the House adjourned until 2 o'clock,
P.M.
123
AFTERNOON SESSION.
Mr. McCabe moved a call of the House, and the following Rep-
resentatives failed to respond :
Messrs. Brazelton, Cheatham, Doak, Ewing, Harris, Havron,
Johnson, Lea, Mayfield, Norman, Richardson, Sheid, Smith, White
of Davison, White of Dickson, Williams of Franklin, Williams
of Knox, Williamson, Wisener, and Mr. Woods.
Mr. Dudley moved to postpone the further consideration of the
resolution under consideration until Monday morning, 10 o'clock;
which motion failed.
Yeas 26
Nays 28
Representatives voting in the affirmative are :
Messrs. Armstrong, Bicknell, Bledsoe, Britton, Butler, Caldwell,
Cheatham, Davis, Dudley, East, Gillespie, Gorman, Greene, Hurt,
Kenner, Kincaid of Anderson, Kincaid of Claiborne, Martin, Mc-
Cabe, Morphis, Porter, Russell, Senter, Trewhitt, Whitmore, and
Mr. Woodard.
Those voting in the negative are:
Messrs. Baker of Perry, Baker of Weakley, Barksdale, Bay-
less, Beatty, Bennett, Cow den, Critz, Davidson, Farley, Farrelly „
Ford, Frazier, Gantt, Guy, Ingram, Jones, Kennedy, Lockhart,
Morphis, Nail, Roberts, Shrewsbury, Sowell, Trevitt, Vaughn,
Williams of Hickman, and Mr. Speaker Whitthorne.
The question then recurred upon the adoption of Mr. East's
amendment;
Whereupon, Mr. Whitthorne (Mr. Gantt in the Chair) moved to
lay Mr. East's amendment upon the table; which he afterwards
withdrew.
Mr. Gantt demanded the previous question upon the resolution
in lieu offered by the committee.
Mr. Brazelton moved that the House adjourn until Monday
mbrning, 10 o'clock; which motion failed.
Yeas 28
Nays 33
Representatives voting in the affirmative are:
Messrs. Armstrong, Bicknell, Bledsoe, Brazelton, Britton, But-
ler, Caldwell, Davis, Dudley, East, Farrelly, Gillespie, Gorman,
Greene, Havron, Hurt, Johnson, Kenner, Martin, Mayfield, Mc-
Cabe, Morris, Porter, Richardson, Shrewsbury, Trewhitt, White of
Davidson, and Mr. Whitmore.
Those voting in the negative are :
124
Messrs. Baker of Perry, Baker of Weakley, Barksdale, Bayless,
Beatty, Bennett, Cowden, Critz, Davidson, Farley, Ford, Frazier,
Gantt, Guy, Harris, Ingram, Jones, Kennedy, Kincaid of Ander-
son, Kincaid of Claiborne, Lea, Lockhart, Morphis, Nail, Pick-
ett, Roberts, Senter, Sowell, Trevitt, Vaughn, Williams, Wood-
ard, and Mr. Speaker Whitthorne.
On motion of Mr. Porter, the resolutions and amendments were
re-committed to the Committee on Federal Relations.
Yeas • • • 35
Nays 25
Representatives voting in the affirmative are:
Messrs. Armstrong, Bicknell, Bledsoe, Brazelton, Britton, Butler,
Caldwell, Davis, Dudley, East, Farley, Farrelly, Gillespie, Gorman,
Greene, Guy, Harris, Havron, Hurt, Johnson, Kenner, Kincaid of
Anderson, Kincaid of Claiborne, Martin, McCabe, Morris, Pickett,
Porter, Richardson, Senter, Shrewsbury, Trewhitt, White of Da-
vidson, Whitmore and Mr. Woodard.
Those voting in the negative are :
Messrs. Baker of Perry, Baker of Weakley, Barksdale, Bayless,
Beatty, Bennett, Cowden Critz, Davidson, Ford, Frazier, Gantt,
Ingram, Jones, Kennedy, Lea, Lockhart, Morphis, Nail, Roberts,
Sowell, Trevitt, Vaughn, Williams of Hickman and Mr. Speaker
Whitthorne.
On motion, the House adjourned until Monday morning 10
o'clock.
MONDAY MORNING, JANUARY 21, 1861.
The House met pursuant to adjournment.
Mr. Speaker Whitthorne in the Chair.
Prayer by the Rev. Mr. Hendricks.
The Journal of Saturday was read and approved.
Mr. Farrelly presented a petition from the Steuben Artillery, of
Memphis;
Which, on motion, was referred to the Military Committee.
Mr. Baker of Perry presented the petition of sundry citizens of
Decatur county, praying the General Assembly to take strong
ground against the doctrine of coercion, and for legalizing the sus-
pension of Banks ;
Which, on motion, was laid upon the table.
125
, Mr. Doak obtained leave of absence for Representative \Yoods,
in consequence of sickness in his family.
On motion of Mr. Greene, it was ordered that a number of the
Convention Bill, equal to the number of House Journals, be print-
ed for the use of the State.
Mr. Barksdale, from the Committee on Federal Relations, made
the following report:
The Joint Select Committee on Federal Relations have had
under consideration Resolution No. 54, and resolutions of the com-
mittee in lieu which were referred, arid report the resolutions in
lieu, as amended, and recommend their passage.
i BARKSDALE, Chairman.
Mr. Lockhart offered House Resolution No. 57, as follows:
Resolved by the General Assembly of the State of Tennessee,
That the Commissioners on Capitol and Capitol Grounds be di-
rected to report to this General Assembly, immediately, the amount
they have expended of the one hundred thousand dollars appro-
priated March 24, I860, and for what expended; and, also, the
amount of, and with whom they now have contracts, and for what
work is such contracts.
Which resolution, under the rule, lies over.
The following House Bills were introduced, and severally passed
first reading:
Mr. Bicknell, No. 35, to defray the expenses of the General
Assembly of the State of Tennessee.
Mr. Lockhart, No. 36, to relieve the people from taxation, and
provide for the defence of the State.
Mr. Beatty, No. 37, to repeal the 6th section of chapter 125 of
an act passed 13th March, 1860.
Mr. Gantt, from the Joint Committee on Federal Relations, re-
ported a series of resolutions which he stated the Committee had
unanimously agreed upon in lieu of the resolutions previously re-
ported by a majority of the Committee in lieu of Mr. Cheatham's
resolutions, which were read as follows :
1. Resolved by the General Assembly of Tennessee, That a Con-
vention of delegates from all the slaveholding States should as-
semble at Nashville, Tennessee, or such other place as a majority
of the States co-operating may designate, on the 4th day of Feb-
ruary, 1861, to digest and define the basis upon which, if possible,
the Federal Union and the Constitutional rights of the slave States
may be perpetuated and preserved.
2. Resolved, That the General Assembly of Tennessee appoint
a number of delegates to said Convention, of our ablest and wisest
men, equal to our whole delegation in Congress; and that the
Governor of Tennessee immediately furnish copies of these reso-
lutions to the Governors of the slaveholding States, and urge the
participation of such States in said Convention.
126
3. Resolved, That in the opinion of this General Assembly,
such plan of adjustment should embrace the following proposi-
tions, as amendments to the Constitution of the United States.
1st. A declaratory amendment that African slaves, as held un-
der the institutions of the slaveholding States, shall be recognized
as property, and entitled to the status of other property, in the
States where slavery exists; in all places within the exclusive ju-
risdiction of Congress within the slave States; in all the Territo-
ries south of 36 degrees 30 minutes; in the District of Columbia;
in transit and whilst temporarily sojourning with the owner in the
non-slaveholding States and Territories north of 36 degrees 30
minutes; and, when fugitives'from the owner, in the several pla-
ces above named, as well as in all places, in the exclusive juris-
diction of Congress, in the non-slaveholding States.
2d. That in all the territory now owned, or which may be here-
after acquired by the United States, south of the parallel of 36
degrees 30 minutes, African slavery shall be recognized as exist-
ing, and be protected by all the departments of the Federal and
Territorial Governments ; and in all north of that line, now owned
or to be acquired, it shall not be recognized as existing; and when-
ever States formed out of any of said territory south of said line,
having a population equal to that of a Congressional District,
shall apply for admission into the Union, the same shall be ad-
mitted as slave States; whilst States north of the line, formed out
of said territory, and having a population equal to a Congres-
sional District, shall be admitted without slavery; but the States
formed out of said Territory, North and South, having been ad-
mitted as members of the Union, shall have all the powers over
the institution of slavery possessed by the other States of the
Union.
3d. Congress shall have no power to abolish slavery in places
under its exclusive jurisdiction, and situate within the limits of
States that permit the holding of slaves.
4th. Congress shall have no power to abolish slavery within the
District of Columbia, as long as it exists in the adjoining States
of Virginia and Maryland, or either, nor without the consent of
the inhabitants, nor without just compensation made to such own-
ers of slaves as do not consent to such abolishment. Nor shall
Congress at any time prohibit officers of the Federal Government,
or members of Congress whose duties require them to be in said
District, from bringing with them their slaves, and holding them
as such during the time their duties may require them to remain
there, and afterwards take them from the District.
5th. Congress shall have no power to prohibit or hinder the
transportation of slaves from one State to another, or to a Terri-
tory in which slaves are by law permitted to be held, whether that
transportation be by land, navigable rivers, or by the sea.
6th. In addition to the fugitive slave clause provide that when
127
a slave has been demanded of the Executive authority of the
State to which he has fled, if he is not delivered, and the owner
permitted to carry him out of the State in peace, that the State so
failing to deliver, shall pay to t ie owner the value of such slave,
and such damages as he may have sustained in attempting to re-
claim his slave, and secure his right of action in the Supreme
Court-of the United States, with execution against the property
of such State and of the individuals thereof.
7th No future amendment of the Constitution shall affect the
six preceding articles, nor the third paragraph of the second section
of the first article of the Constitution, nor.the third paragraph of
the second section of the fourth article of said Constitution; and
no amendments shall be made to the Constitution which will au-
thorize or give to Congress any power to abolish or interfere with
slavery in any of the States by whose laws it is or may be allowed
or permitted.
8th. That slave property shall be rendered secure in transit
through, or whilst temporarily sojourning in non slaveholding
States or Territories, or in the District of Columbia.
9th. An amendment to the effect that all fugitives are to be
deemed those offending the laws within the jurisdiction of the
State, and who escape therefrom to other States; and that it is
the duty of each State to suppress armed invasions of another
State.
4. Resolved, That said Convention of the slaveholding States,
having agreed upon a basis of adjustment satisfactory to them-
selves, should, in the opinion of this General Assembly, refer it to
a Convention of all the States, slaveholding and non-slavehold-
ing, in the manner following: It should invite all the States friend-'
ly to such plan of adjustment, to elect delegates, in such manner
as to reflect the popular will, to assemble in a Constitutional Con-
vention of all the States, North and South, to be held at Rich-
mond, Virginia, on the day of February, 1861, to revise and
perfect said plan of adjustment for its reference for final ratification
and adoption by Conventions of the States respectively.
5. Resolved, That should a plan of adjustment satisfactory to
the South, not be acceded to by the requisite number of States to
perfect amendments to the Constitution of the United States, it is
the opinion of this General Assembly, that the slaveholding States
should adopt for themselves the Constitution of the United States,
with such amendments as^may be satisfactory to the slaveholding
States; and that they should invite into a Union with them all
States of the North which are willing to abide such amended Con-
stitution and frame of Government; severing at once all connec-
tion with States refusing such reasonable guarantees to our future
safety ; such renewed conditions of Federal Union being first
submitted for ratification, to Conventions of all the States respec-
tively.
128
6. Resolved, That the Governor of Tennessee furnish copies of
these resolutions immediately to the Governors of the several slave-
holding and non-slaveholding States.
Mr. Lea offered the following amendment to the Committee's
resolutions in lieu :
Be it further resolved, That in the event said Convention fail
or refuse to submit their action to the citizens of Nashville, that
they, the citizens of Nashville, be requested not to "form them-
selves into companies " armed for the purpose of resistance.
The Speaker ruled the amendment out of order.
Mr. Davis offered the following amendment:
Such renewed conditions of Federal Union being first submitted
for ratification to Conventions of all the States respectively.
Mr. Ewing moved to suspend further consideration of the reso-
lutions until to-morrow, and to print copies for the use of the
House.
• Mr. Ewing withdrew his motion to suspend consideration, and
offered the following resolution in lieu of the Committee's resolu-
tions:
Re soloed by the General Assembly of the State of Tennessee,
That the tier of slaveholding States, embracing Virginia, North
Carolina, Maryland, Kentucky, Missouri and Tennessee, together
with the non slaveholding States of Pennsylvania, Ohio, Indiana
and Illinois, be, and they are hereby earnestly invoked to assemble
in Convention on or before the 4th day of February, proximo, to
mature some plan by which the LTnion may be preserved on prin-
ciples equitable and just to each section of our distressed country,
and that the city of Nashville is hereby suggested as the place of
holding said Convention.
The resolution was ruled out of order by the Speaker.
Mr. Gantt demanded the previous question ; which demand
was sustained.
Mr. Wisener demanded a division of the question ; which the
Speaker ruled out of order, a demand for the previous question
having been sustained.
Mr. Ewing was excused from voting.
The committee's resolutions in lieu were then adopted.
Yeas 56
Nays 7
Representatives voting in the affirmative are:
Messrs. Armstrong, Baker of Perry, Barksdale, Bayless, Beatty,
Bennett, Bicknell, Bledsoe, Braze!ton, Britton, Butler, Caldwell,
Cheatham, Cowden, Critz, Davidson, Davis, Doak, Dudley, Farley,
Farrelly, Ford, Frazier, Gantt, Gillespie, Gorman, Greene, Guy,
Havron, Hurt, Ingram, Jones, Kenner, Kennedy, Kincaid of An-
derson, Kincaid of Claiborne, Lea, Martin, Mayfield, Morris, Mor-
phis, Nail, Pickett, Porter, Richardson, Roberts, Senter, Shrews-
129
bury, Sowell, Trevitt, Trewhitt, White of Davidson, Whitmore,
Williams of Hickman, Williamson, and Mr. Woodard.
Those voting in the negative are :
Messrs. Baker of Weakley, Lockhart, McCabe, Vaughn, Wise-
ner, and Mr. Speaker Whitthorne.
The resolutions were then adopted and ordered to be transmit-
ted to the Senate.
Mr. Lockhart, from the Committee on Enrolled Bills, made the
following report:
The Committee on Enrolled Bills have examined and compared
House Bill, No. 3, with the engrossed copy of the same, and find
it correctly enrolled, and ready for the Speaker's signature.
The Committee on Ways and Means made the following re-
port:
The undersigned, Chairman of the Committee of Ways and
Means, respectfully report in response to a resolution of inquiry
offered by the Representative from Blount, that to meet the ordi-
nary expenses of government, there is no need of present legisla-
tion. ' R. R. HARRIS.
On motion, the committee were discharged from the further
consideration of the matter.
The following message was received from the Senate:
Mr. Speaker:
The Senate has adopted Senate Resolution, No. 13, to dis-
courage Commercial Intercourse with the citizens of the Northern
States ; and Senate Resolution, No. 19, directory to the Governor,
and the same are herewith transmitted for the action of the House
of Representatives.
The Senate has passed on third reading, Senate Bill, No. 10,
for the relief of Railroad Companies and Receivers, and the same
is herewith transmitted for the consideration of the House of
Representatives.
1 am directed by the Senate to transmit enrolled act to amend
the charter of the Bank of West Tennessee; and enrolled reso-
lution on Federal Relations, for the signature of the Speaker of
the House of Representatives.
The Speaker of the Senate has signed enrolled act for a Con-
vention of the people of Tennessee, and the same has been de-
posited in the office of the Secretary of State.
The Speaker of the Senate has signed the following enrolled
joint resolutions, and they have been deposited in the office of the
Secretary of State, viz :
Joint resolutions to raise a Joint Select Committee of the two
Houses on various portions of the Governor's Message.
Joint resolution directory to the Supervisor of Banks.
Joint resolution directory to the Governor.
9 H
130
Joint resolution in relation to resolution passed by the State of
New York, tendering money and men to the President for the pur-
pose of coercion.
The House then took up the special order of the day, being a
motion to reconsider the vote passing House Bill, No. 1, to repeal
the Conventional Interest Law; and the motion to reconsider
failed.
Representatives voting in the affirmative are :
Messrs. Baker of Perry, Baker of Weakley, Beatty, Cowden,
Davidson, Doak, Dudley, East, Ewing, Farley, Frazier, Guy, Har-
ris, Hurt, Ingram, Kennedy, Lea, Lockhart, Martin, McCabe,Nall,
Porter, Roberts, Sowell, White of Davidson, and Mr. Williamson.
Those voting in the negative are :
Messrs. Armstrong, Barksdale, Bennett, Bicknell, Bledsoe, Bra-
zelton, Britton, Butler, Caldwell, Cheatham, Critz, Davis, Farrelly,
Ford, Gantt, Gillespie, Gorman, Greene, Havron, Jones, Johnson,
Kenner, Kincaid of Anderson, Kincaid of Claiborne, Mayfield,
Morris, Morphis, Richardson, Senter, Shrewsbury, Trewhitt,
Vaughn, Whitmore, Williams of Hickman, Wisener, Woodard,
and Mr. Speaker Whitthorne.
The bill was ordered to be transmitted to the Senate.
Senate Messages were taken up.
Senate amendment to House Resolution, No. 46, directory to
the Comptroller, striking out House, and inserting General Assem-
bly, was concurred in by the House.
Senate Resolution, No. 12, providing for an address to the
Northern and Southern States, was non-concurred in by the House.
Mr. Williams of Hickman moved to reconsider the vote non-
concurring, and to lay the motion on the table.
Which motion failed, and the motion to reconsider then failed.
Yeas 20
Nays 42
Representatives voting in the affirmative are:
Messrs. Armstrong, Bennett, Brazelton, Britton, Butler, Cheat-
ham, Davis, Ewing, Farrelly, Havron, Jones, Johnson, Martin,
McCabe, Morris, Morphis, Trewhitt, White of Davidson, William-
son and Mr. Woodard.
Those voting in the negative are :
Messrs. Baker of Perry, Baker of Weakley, Barksdale, Bay less,
Beatty, Bicknell, Bledsoe, Caldwell, Cowden, Critz, Doak, Dudley,
East, Farley, P\>rd, Frazier, Gantt, Gillespie, Gorman, Greene,
Harris, Hurt, Ingram, Kenner, Kennedy, Kincaid of Anderson,
Kincaid of Claiborne, Lea, Lockhart, Mayfield, Porter, Richard-
json, Roberts, Senter, Shrewsbury, Sowell, Trevitt, Vaughn, Whit-
Yeas
Nays
27
37
131
more, Williams of Hickman, Wisener, and Mr. Speaker Whit-
thorne.
On motion of Mr. Cheatham, the House adjourned until 2
o'clock, P.M.
AFTERNOON SESSION.
On motion of Mr. Farrelly, the Military Bill was made the
special order for 10 o'clock to-morrow.
Senate Message, being Senate Resolution, No. 13, to discour-
age commercial intercourse with citizens of the Northern States,
was, on motion, laid upon the table.
Yeas 32
Nays 24
Representatives voting in the affirmative are:
Messrs. Bennett, Bicknell, Britton, Butler, Caldwell, Davis,
Dudley, East, Ewing, Farrelly, Gillespie, Gorman, Greene, Guy,
Harris, Havron, Hurt, Ingram, Johnson, Kenner, Kincaid of An-
derson, Kincaid of Claiborne, Martin, Mayfield, McCabe, Morris,
Morphis, Shrewsbury, Trewhitt, White of Davidson, Wisener,
and Mr. Woodard.
Those voting in the negative are:
Messrs. Armstrong, Baker of Perry, Baker of Weakley, Bayless,
Bledsoe, Cowden, Critz, Davidson, Doak, Farrelly, Ford, Frazier,
Jones, Kennedy, Lea, Lockhart, Nail, Porter, Roberts, Sowell,
Trevitt, Vaughn, Williams of Hickman, and Mr. Speaker Whit-
thorne.
Senate Bill, No. 10, "for the relief of Railroad Companies and
Receivers," and Senate Bill, No. 19, "directory to the Governor,"
were severally read first time, and laid upon the table.
House Bill, No. 8, " prescribing the remedy for the collection
of debts, and relief of the people," was taken up.
Mr. Johnson offered the following amendment:
Be it further enacted, That upon application of the stayor or
security for the delivery of property, (as provided for by this act,)
by affidavit in writing, to be filed with the papers, that he is fear-
ful and believes that if execution is further stayed, he will be
compelled to pay the judgment, an execution shall issue against
the debtor and stayor at any time; or if the security for the de-
livery of property shall make such affidavit, the principal in said
132
delivery bond, upon ten days' notice, shall deliver"the property
mentioned in said bond at the place mentioned therein, and the
officer shall proceed to expose the same to public sale to pay said
debt.
Be it further enacted, That delivery bonds given under the
provisions of this act shall have the same effect and be governed
in all respects by the laws now in force in reference to delivery
bonds, except so far as the same may conflict with this act.
Mr. Jones offered the following amendment to Mr. Martin's
amendment:
Add to 1st section these words: Provided the parties to the
original judgment may give new, good and sufficient security, as
now provided by law ; which was adopted, and Mr. Martin's
amendment as amended was adopted.
Mr. Trewhitt offered the following amendment:
Add after the word "fears" the words, "and has good reason
to believe which was adopted.
Mr. Farrelly offered the following amendment:
Be it further enacted, Thal^ this act shall not take effect until
ninety days after its passage.
Whereupon, Mr. Trewhitt demanded the previous question;
which was not sustained.
Yeas 26
Nays 34
Representatives voting in the affirmative are :
Messrs. Baker of Perry, Barksdale, Bennett, Britton, Butler,
Cowden, Doak, Ford, Frazier, Gantt, Gillespie, Gorman, Guy,
Harris, Ingram, Jones, Kenner, Kennedy, Kincaid of Anderson,
Nail, Senter, Trevitt, Trewhitt, Williams of Hickman, William-
son, and Mr. Speaker Whitthorne.
Those voting in the negative are :
Messrs. Baker of Weakley, Bayless, Bicknell, Bledsoe, Brazel-
ton, Caldwell, Cheatham, Critz, Davis, East, Ewing, Farley, Far-
relly, Greene, Havron, Hurt, Kincaid of Claiborne, Lea, Martin,
Mayfield, McCabe, Morris, Morphis, Pickett, Roberts, Shrewsbury,
Sowell, Vaughn, White of Davidson, Whitmore, Wisener, and
Mr. Woodard.
Mr. Whitmore moved to lay the bill and amendments upon
the table; which motion failed.
Yeas 18
Nays 40
Representatives voting in the affirmative are :
Messrs. Baker of Weakley, Caldwell, Cheatham, East, Farley,
Farrelly, Greene, Harris, Hurt, Ingram, Kincaid of Anderson,
Roberts, Shrewsbury, Sowell, White of Davidson, Whitmore, Wil-
liamson, and Mr. Woodard.
183
Those voting in the negative are:
Messrs. Armstrong, Baker of Perry, Barksdale, Bayless, Ben-
nett, Bicknell, Bledsoe, Brazelton, Britton, Butler, Cowden, Criiz,
Davis, Doak, Ewing, Ford, Frazier, Gantt, Gorman, Guy, Hav-
ron, Jones, Kenner, Kennedy, Kincaid of Claiborne, Lea, Lock-
hart, Martin, McCabe, Morris, Morphis, Nail, Pickett, Senter, Tre-
vitt, Trewhitt, Vaughn, Williams of Hickman, Wisener, and Mr.
Speaker Whitthorne.
Mr. Farrelly's ahiendment was then laid upon the table.
On motion of Mr. Jones, the vote adopting Mr. Trewhitt's
amendment, on last Friday, for the benefit of administrators, ex-
ecutors, &c., was reconsidered, and, by leave of the House, the
amendment was withdrawn.
Mr. Jones offered the following amendment to the 7th section
of the bill:
That section 7th of this bill be amended as follows, by adding
after the word ^ accordingly," these words: that this section shall
not take effect until thirty days after the passage of this act;
which was adopted.
Mr. Morris demanded a division of the question upon the pass-
age of the bill.
The first section of the bill was then passed.
Yeas 32
Nays 24
Representatives voting in the affirmative are :
Messrs. Baker of Perry, Barksdale, Bayless, Bennett, Bicknell,
Bledsoe, Britton, Cowden, Critz, Davis, Doak, Ford, Frazier,
Gantt, Gillespie, Gorman, Havron, Jones, Kenner, Lockhart, Mar-
tin, McCabe, Morris, Morphis, Nail, Pickett, Roberts, Senter, Tre-
vitt, Trewhitt, Vaughn, Wisener, and Mr. Speaker Whitthorne.
Those voting in the negative are :
Messrs. Armstrong, Beatty, Caldwell, Davidson, East, Ewing,
Farley, Farrelly, Greene, Harris, Hurt, Ingram, Kennedy, Kincaid
of Anderson, Kincaid of Claiborne, Lea, Mayfield, Norman,
Shrewsbury, Sowell, White of Davidson, Whitmore, Williams of
Hickman, Williamson, and Mr. Woodard.
Mr. Guy paired off with Mr. Sheid on the passage of the bill.
The second section of the bill was then passed.
Yeas 32
Nays 27
Representatives voting in the affirmative are:
Messrs. Barksdale, Bayless, Beatty, Bennett, Bledsoe, Britton,
Cowden, Critz, Doak, Ford, Frazier, Gantt, Gorman, Havron,
Jones, Kenner, Lea, Lockhart, Martin, Morris, Morphis, NaJl, Nor-
man, Pickett, Richardson, Roberts, Senter, Trevitt, Trewhitt,
Vaughn, Wisener, and Mr. Speaker Whitthorne.
134
Those voting in the negative are :
Messrs. Armstrong, Baker of Perry, Baker of Weakley, Bicknell,
Caldwell, Davidson, East, Ewing, Farley, Farrelly, Greene, Har-
ris, Hurt, Ingram, Kennedy, Kincaid of Anderson, Kincaid of
Claiborne, Mayfield, McCabe, Shrewsbury, So well, White of Da-
vidson, Whitmore, Williams of Hickman, Williamson, and Mr.
Woodard.
Mr. Martin demanded a division of the question on the passage
of the third section of the bill.
The first proposition of the third section was then passed.
Yeas.. 32
Representatives voting in the affirmative are :
Messrs. Baker of Perry, Barksdale, Bayless, Bennett, Brazel-
ton, Britton, Cowden, Critz, Doak, Davis, Ford, Frazier, Gantt,
Gorman, Havron, Jones, Kenner, LocKhart, Martin, McCabe,
Morris, Morphis, Nail, Pickett, Richardson, Roberts, Senter,
Trevitt, Trewhitt, Vaughn, and Mr. Wisener.
Those voting in the negative are:
Messrs. Armstrong, Baker of Weakley, JBeatty, Bicknell, Bledsoe,
Caldwell, Davidson,East,Ewing, Farley, Farrelly, Greene, Harris,
Hurt, Ingram, Kennedy, Kincaid of Anderson, Kincaid of Clai-
borne, Lea, Mayfield, Norman, Shrewsbury, Sowell, White of
Davidson, Whitmore, Williams of Hickman, Williamson, Wood-
ard, and Mr. Speaker Whitthorne.
The last proposition of section three then passed.
Representatives voting in the affirmative are:
Messrs. Baker of Perry, Barksdale, Bayless, Bennett, Bicknell,
Bledsoe, Brazelton, Britton, Butler, Cowden, Critz, Doak, Ford,
Frazier, Gantt, Gorman, Havron, Jones, Kenner, Lockhart, Mar-
tin, McCabe, Morris, Morphis, Nail, Pickett, Richardson, Senter,
Trevitt, Trewhitt, and Mr. Vaughn.
Those voting in the negative are :
Messrs. Armstrong, Beatty, Caldwell, Davidson, Davis, East,
Ewing, Farley, Farrelly, Greene, Harris, Hurt, Ingram, Kennedy,
Kincaid of Anderson, Kincaid of Claiborne, Lea, Norman, Rob-
erts, Shrewsbury, Sowell, White of "Davidson, Whitmore, Wil-
liams of Hickman, Williamson, Wisener, Woodard, and Mr.
Speaker Whitthorne.
The fourth section of the bill then passed..
Yeas ........35
Nays.. 25
Representatives voting in the affirmative are:
Messrs. Barksdale, Bayless, Beatty, Bennett, Bicknell, Bled-
Nays
29
Yeas
Nays
31
29
135
soe, Brazelton, Britton, Butler, Caldwell, Cowden, Critz, Davis,
Ewing, Ford-, Frazier, Gantt, Gorman, Havron, Ingram, Jones,
Kenner, Lockhart, Martin, McCabe, Morris, Morphis, Nail, Pickett,
Richardson, Roberts, Senter, Trevitt, Trewhitt, and Mr. Wisener.
Those voting in the negative are :
Messrs. Armstrong, Baker of Perry, Baker of Weakley, David-
son, Doak, East, Farley, Farrelly, Greene, Harris,Hurt, Kennedy,
Ivincaid of Anderson, Kincaid of Claiborne, Lea, Mayfield, Nor-
man, Shrewsbury, Sowell, Vaughn, White of Davidson, Whitmore,
Williams of Hickman, Woodard, and Mr. Speaker Whitthorne.
The fifth section was then rejected.
Yeas 28
Nays 30
Representatives voting in the affirmative are :
Messrs. Barksdals, Bayless Bennett, Bledsoe, Brazelton, Britton,
Critz, Doak, Ford, Frazier, Gantt, Gorman, Havron, Jones, Ken-
ner, Lockhart, Martin, McCabe, Morris, Morphis, Nail, Norman,
Pickett, Roberts, Senter, Trevitt, Trewhitt, and Mr. Vaughn.
Those voting in the negative are :
Messrs. Armstrong, Baker .of Perry, Baker of Weakley, Beatty,
Bicknell, Caldwell, Davidson, Davis,.East, Ewing, Farley, Far-
relly, Greene, Harris, Hurt, Ingram, Kennedy, Kincaid of Ander-
son, Kincaid of Claiborne, Lea, Mayfield, Shrewsbury, Sowell,
White of Davidson, Whitmore, Williams of Hickman, William-
son, Wisener, Woodard, and Mr. Speaker Whitthorne.
Mr. Cowden was excused from voting by the House.
Mr. Johnson announced to the House he had paired off on the
bill with Mr. Dudley.
Section sixth of the bill was then passed.
Yeas 38
Nays.... 19
Representatives voting in the affirmative are:
Messrs. Barksdale, Bayless, Beatty, Bicknell, Bmzelton, Britton,
Butler, Caldwell, Cheatham, Cowden, Critz, DoaK, Ford, Frazier,
Gantt, Gorman, Havron, Jones, Lea, Lockhart, Martin, Mayfield,
McCabe, Morris, Morphis, Nail, Norman, Pickett, Roberts, Senter,
Trevitt, Trewhitt, Vaughn, White of Davidson, Whitmore, Wil-
liams of Hickman, Wisener, and Mr. Speaker Whitthorne.
Those voting in the negative are :
Messrs. Armstrong, Baker of Perry, Baker of Weakley, Bledsoe,
Davidson, East, Ewing, Farley, Farrelly, Harris, Hurt, Ingram,
Kennedy, Kincaid of Anderson, Kincaid of Claiborne, Shrews-
bury, Sowell, Williamson, and Mr. WoodardA
Mr. Porter announced that he had paired loff on the bill with
Mr. Gillespie.
The seventh section of the bill was then rejected.
136
Yeas
Nays
15
40
Representatives voting in the affirmative are:
Messrs. Baker of Perry, Baker of Weakley, Barksdale, Bay-
less, Beatty, Bennett, Critz, Doak, Ford, Havron, McCabe, Senter,
Trevitt, Trewhitt, and Mr, Vaughn.
Those voting in the negative are :
Messrs. Armstrong, Bicknell, Bledsoe, Brazelton, Britton, Cald-
well, Cowden, Davidson, Davis, East, Ewing, Farley, Farrelly,
Frazier, Gantt, Greene, Harris, Hurt, Ingram, Jones, Kenner,
Kennedy, Kincaid of Anderson, Kincaid of Claiborne, Lea, Lock-
hart, Martin, Mayfield, Morris, Morphis, Nail, Norman, Roberts,
Shrewsbury, So well, White of Davidson, Whitmore, Williams of
Hickman, Williamson, Wisener, Woods, and Mr. Speaker Whit-
thorne.
Mr. Morris withdrew his motion for a further division of the
question.
Mr. Jones renewed it.
The sixth section of the bill was then rejected.
Yeas 26
Nays 33
Representatives voting in the affirmative are:
Messrs. Barksdale, Ba3'less, Bennett, Bicknell, Brazelton, Brit-
ton, Butler, Cowden, Critz, Davis, Doak, Ford, Frazier, Gantt,
Havron, Kenner, Lockhart, Martin, McCabe, Morris, Nail, Pickett,
Trevitt, Trewhitt, White of Davidson, and Mr. Wisener.
Those voting in the negative are :
Messrs. Armstrong, Baker of Perry, Baker of Weakley, Beatty,
Bledsoe, Caldwell, Davidson, East, Ewing, Farley, Farrelly, Gor-
man, Greene, Harris, Hurt, Ingram, Jones, Kennedy, Kincaid of
Anderson, Kincaid of Claiborne, Lea, Mayfield, Morphis, Norman,
Roberts, Shrewsbury, Sowell, Vaughn, Whitmore, Williams of
Hickman, Williamson, Woodard, and Mr. Speaker Whitthorne.
The ninth section of the bill was then rejected.
Yeas 5
Nays 55
Representatives voting in the affirmative are:
Messrs. Butler, McCabe, Pickett, Senter, and Mr. Vaughn.
Those voting in the negative are :
Messrs. Armstrong, Baker of Perry, Baker of Weakley, Barks-
dale, Bayless, Beatty, Bennett, Bicknell, Bledsoe, Brazelton, Brit-
ton, Caldwell, Critz, Davidson, Davis, Doak, East, Ewing, Far-
lev, Farrelly, Ford, Frazier, Gantt, Gorman, Greene, Harris,
Havron, Hurt, Jones, Kenner, Kennedy, Kincaid of Anderson,
Kincaid of Claiborne, Lea, Lockhart, Martin, Mayfield, Morris,
Morphis, Nail, Norman, Richardson, Roberts, Shrewsbury, Sowell,
137
Trevitt, Trewhitt, White of Davidson, Whitmore, Williams of
Hickman, Williamson, Wisener, Woodard, and Mr. Speaker
Whitthorne.
The tenth section was then passed.
Representatives voting in the affirmative are :
Messrs. Armstrong, Bay less, Barksdale, Bennett, Bicknell, Bled-
soe, Brazelton, Britton, Butler, Caldwell, Cowden, Critz, Ford, Fra-
zier, Gantt, Gorman, Harris, Havron, Jones, Kincaid of Claiborne,
Lea, Lockhart, Martin, Mayfield, McCabe, Morris, Morphis, Nail,
Pickett, Roberts, Senter, Trevitt, Trewhitt, Vaughn, White of
Davidson, Williams of Hickman, Wisener, and Mr. Speaker Whit-
thorne.
Those voting in the negative are:
Messrs. Baker of Perry, Baker of Weakley, Davidson, Doak,
East, Ewing, Farley, Farrelly, Hurt, Ingram, Kincaid of Ander-
son, Shrewsbury, Sowell, Whitmore, Williamson, and Mr. Wood-
ard.
The eleventh, twelfth, thirteenth and fourteenth sections then
passed.
Yeas 35
Nays 24
Representatives voting in the affirmative are :
Messrs. Barksdale, Bayless, Beatty, Bennett, Bicknell, Britton,
Butler, Cowden, Davis, Ford, Frazier, Gantt, Gorman, Greene,
Havron, Jones, Kenner, Lea, Lockhart, Martin, Mayfield, Mc-
Cabe, Morris, Morphis, Nail, Norman, Pickett, Richardson, Rob-
erts, Senter, Trevitt, Trewhitt, Vaughn, Wisener, and Mr. Speaker
Whitthorne.
Those voting in the negative are:
Messrs. Armstrong, Baker of Perry, Baker of Weakley, Bledsoe,
Brazelton, Caldwell, Davidson, Doak, East, Ewing, Farley, Far-
relly, Hurt, Ingram, Kennedy, Kincaid of Anderson, Kincaid of
Claiborne, Shrewsbury, Sowell, White of Davidson, Whitmore,
Williams of Hickman, Williamson, and Mr, Woodard.
The remaining section, number fifteen, was rejected.
Yeas... 8
Nays 53
Representatives voting in the affirmative are :
Messrs. Beatty, Gorman, Harris, Jones, Pickett, Senter, Tre-
vitt, and Mr. Trewhitt.
Those voting in the negative are :
Messrs. Armstrong, Baker of Perry, Baker of Weakley, Barks-
dale, Bayles», Bennett, Bicknell, Bledsoe, Brazelton, Britton, But-
Yeas
Nays
38
,17
188
ler, Caldwell, Cowden, Critz, Davidson, Davis, Doak, East, Far-
ley, Farrelly, Ford, Frazier, Gantt, Greene, Havron, Hurt, In-
gram, Kenner, Kennedy, Ivincaid of Anderson, Kincaid of Clai-
borne, Lea, Lockhart, Martin, Mayfield, McCabe, Morris, Morphis,
Nail, Norman, Richardson, Roberts, Shrewsbury, Sowell, White
of Davidson, Whitmore, Williams of Hickman, Williamson, Wise-
ner, Woodard, and Mr. Speaker Whitthorne.
Mr. Lockhart, from the Committee on Enrolled Bills, made the
following report:
The Committee on Enrolled Bills have examined and compared
House Resolution, Nos. 51 and 57, with the original copies, and
find them correctly engrossed. H. C. LOCKHART.
The House then adjourned until to-morrow morning 10 o'clock.
TUESDAY MORNING, JANUARY 22, 1861.
The House met pursuant to adjournment.
Mr. Speaker Whitthorne in the Chair.
The Journal of yesterday was read and approved.
Mr. Jones offered House Resolution, No. 56, as follows :
Resolved by the General Assembly of the State of Tennessee, That
it is the policy of the South, and highly important, to have a
united South upon the questions of the day, and present a united
front to a common unconstitutional party, who are our enemies,
in defense of our constitutional rights.
Which resolution, under the rule, lies over.
Mr. Lea offered Joint Resolution No. 57, as follows :
Resolved by the General Assembly of the State of Tennessee,
That the same number of the Acts and Journals of the proceed-
ings of this Assembly be printed and distributed as provided in a
Joint Resolution passed March 19, 1860, providing for the print-
ing of the Acts and Journals of that session of the General As-
sembly.
Which resolution, under the rule, lies over..
Mr. Wisener offered House Resolution No. 58, as follows :
Whereas, a Convention Bill has been passed by the present
Legislature, under which a Convention may be assembled to de-
termine the relation of Tennessee to the General Government, and
perhaps amend the Constitution of the State; and®in a matter
that so deeply concerns the best interests of our country, and upon
139
which depends the future prosperity of our growing and flourish-
ing State, it is deemed expedient to place fairly before the people;
and whereas, the history of our country has taught us that too
much caution cannot be exercised when we are brought to act
upon a subject of such importance, and likely to change the whole
feature of our State Government, and her relation to the General
Government, and in order to better secure and protect the rights
of the people, and to retain the balance of power in their hands,
and that a fair and full expression may be had of their approba-
tion of the action of the said Convention ; it is, therefore,
Resolved by the General Assembly of the State of Tennessee,
That it is the opinion of this General Assembly, and they hereby
most respectfully recommend the people to urge it upon the can-
didates for the Convention in the several districts, and upon the
delegates elected to said Convention, that when the Convention
agree upon any amendments to the Constitution of this State, or
upon any measures having for their object a change of the rela-
tion of Tennessee to the General Government, they shall be sub-
mitted back to the people, to receive their sanction by a majority
of the votes of the State, before they shall be binding upon any
one, and that we request the people to vote for no candidate who
is not for submitting the action of the Convention, whatever it
may be, to the people for their ratification, upon such reasonable
time and notice, and such manner as will secure a full vote for or
against the same.
The resolution, under the rule, lies over.
Mr. Johnson offered House Resolution No. 59, as follows:
Whereas, the people of some of the States feel themselves
deeply aggrieved by the policy and measures which have been
adopted by the people of some of the other States; and whereas,
an amendment of the Constitution of the United States is deemed
necessary to secure them against similar grievances in future;
therefore,
Be it resolved by the General Assembly of the State of Tennessee,
That application to Congress to call a Convention for proposing
amendments to the Constitution of the United States, pursuant to
the fifth article thereof, be, and the same is hereby now made by
this General Assembly of Tennessee; and we hereby invite our
sister States to unite with us, without delay, in similar application
to Congress.
Resolved, That the Governor of this State forthwith communi-
cate the foregoing resolutions to the President of the United States,
with the request that he immediately place the same before Con-
gress, and to the Executives of the several States, with a request
that they lay the same before their respective Legislatures.
Which resolution lies over, under the rule.
Mr: Jones offered House Resolution No. 60, as follows:
Resolved by the General Assembly of Tennessee, That we are in
140
favor of a National Convention of all the States, at the City of
Washington, on the 4th of February, 1861, to consider and try to
reconcile existing difficulties.
Resolved further, That we will select five of the wisest and best
citizens of our State to attend said Convention.
Which resolution, under the rule, lies over.
Mr. Cheatham presented a petition, signed Cheatham County;
which was read, and ordered to be transmitted to the Senate.
Mr. Bicknell presented a memorial from the County Court of
Blount County;
Which was read and laid upon the table.
Mr. Farrelly introduced House Bill No. 38, to abolish the offi-
ces of Bank Supervisor and Road Commissioner;
Which passed first reading.
Mr. Lockhart, from the Committee on Enrolled Bills, made the
following report:
The Committee on Enrolled Bills have examined and compared
House Resolution No. 46, with the engrossed copy of the same,
and find it correctly enrolled and ready for the signature of the
Speaker.
H. C. LOCKHART, Chairman.
Mr. East, from the Special Committee on the Governor's Mes-
sage, recommended the following amendments to Senate Bill No.
10:
Insert after the word " who," in the third line of the second
section, the words " who have taken or."
Insert after the word " fair," in the fifth lin$ of the second sec-
tion, the following words :
Provided, That the same shall not exceed the salary paid here-
tofore to the Superintendent of such road by the President and
Directors thereof.
Committee also propose the following section :
Sec. 3. Be it further enacted, That the act shall take effect from
and after its passage.
House Bill No. 35, to defray the expenses of the General As-
sembly, was taken up, an^l Committee on Finance offered an
amendment filling the blank^in the original bill;
Which was adopted, and the bill passed its second reading. gj|
The special order of the day, the Military Bill, was then taken
up—the question being upon the amendments offered by the Com-
mittee.
Mr. Jones offered the following bill in lieu of the original bill
and the amendments offered by the Committee:
Section 1. Be it enacted by the Gfeneral Assembly of the State of
Tennessee, That the Act of 1857, chapter 32, be, and the same is
hereby repealed ; and that the acts which said Act was intended
to repeal shall be and remain in full force and effect.
141
Sec. 2. Be it further enacted, That it shall be the duty of the
Governor of the State, as Commander-in-Chief of the Militia, to
issue a proclamation on the passage of this act, calling upon all
officers of the Militia of the State, whose duty it is to issue writs
of election to fill vacancies existing in the offices of the Militia of
the State, forthwith to perform said duty.
Sec. 3. Be it further enacted, That should it be necessary, in
the opinion of the several Captains of companies of the Militia
of this State, in order to perfect the military efficiency of their
companies, musters and drills should be had oftener than now
required by law, said Captains may muster and drill their said
companies as often as one day in each and every month.
Sec. 4. Be it further enacted, That the Governor of the State is
hereby instructed to furnish to each Grand Division of the State
its quota or proportion of such arms as may belong to the State.
Sec. 5 Be it further enacted, That the sum of $500,000 is hereby
appropriated to arm the militia of this State, and purchase suita-
ble arms and ammunition; and the Governor is hereby authorized
to issue 500 coupon bonds, of one thousand dollars, bearing
six per cent, interest, due the 1st day of January, 1863 ; and the
Governor is hereby empowered to purchase said arms. This act
to take effect from and after its passage.
On motion of Mr. Johnson, the House adjourned until 2 o'clock,
P.M.
AFTERNOON SESSION.
The following message was received from the Senate:
Mr. Speaker :
S
The Senate has concurred in House Resolution, No. 57, direc-
tory to the Commissioners of the Capitol and Capitol Grounds,
and the same is herewith returned for enrollment.
J am directed by the Senate to transmit for the signature of
the Speaker of the House of Representatives, joint resolution for
the relief of Ed. Willis, of Wilson county, and others; and joint
resolution to relieve J. W. Roberts, Tax Collector for Overton
county, and the same are herewith transmitted.
The Senate has considered and adopted, with an amendment,
House Resolution, No. 51, proposing amendments to the Consti-
142
tution of the United States, and the same is herewith returned
for the further action of the House of Representatives.
Pending the discussion ot Mr. Jones' amendment to the com-
mittee's military bill, on motion of Mr. Whitthorne, the matter
was made the special ordpr for 10£ o'clock to-morrow.
Senate message, being Senate amendment to House Resolution,
No. 51, proposing amendments to the Constitution of the United
States, was non-concurred in by the House.
Yeas 13
Nays 50
Representatives voting in the affirmative are:
Messrs. Armstrong, Bledsoe, Butler, East, Hwing, Gillespie,
Gorman, Greene, Ilavron, Kenner, Kincaid of Claiborne, Morphis,
and Mr. Williamson.
Those voting in the negative are:
Messrs. Baktr of Perry, Baker of Weakley, Barksdale, Bay-
less, Beatty, Bennett, Bicknell, Britton, Cowden, Davidson, Davis,
Doak, Farley, Farrelly, Ford, Frazier, Gantt, Guy, Harris, Hebb,
Hurt, Ingram, Jones, Kennedy, Kincaid of Anderson, Lea, Lock-
hart, Martin, Mayfield, McCabe, Morris, Nail, Norman, Pickett,
Porter, Richardson, Roberts, Senter, Sheid, Smith, Sowell, Tre-
vitt, Vaughn, White of Davidson, Whitmore, Williams of Hick-
man, Wisener. Woods, Woodard and Mr. Speaker Whitthorne.
Messrs. Caldwell, Johnson, and Trewhitt were excused from
voting.
Mr. Wisener moved a reconsideration of the vote non-con-
curring.
Mr. Williams of Hickman moved to lay the motion to re-con-
sider on the table ; which motion prevailed.
Yeas 41
Nays -24
Representatives voting in the affirmative are:
xMessrs. Baker of Perry, Baker of Weakley, Barksdale, Bay-
less, Beatty, Bennett, Cowden, Davidson, Doak, Farley, Farrelly,
Ford, Frazier, Gantt, Guy, Harris, Hebb, Hurt, Ingram, Jones,
Kennedy, Kincaid of Anderson, Lea, Lockhart, Mayfield, McCabe,
Morphis, Nail, Pickett, Porter, Roberts, Sheid, Smith, Sowell, Tre-
vitt, Vaughn, White of Davidson, Whitmore, Williams of Hick-
man. Woods, and Mr. Speaker Whitthorne.
Those voting in the negative are :
Messrs. Armstrong, Bicknell, Bledsoe, Butler, Caldwell, Davis,
East, Ewing, Gillespie, Gorman, Greene, Havron, Johnson, Ken-
ner, Kincaid of Claiborne, Martin, Morris, Norman, Richardson,
Trewhitt, Williamson, Wisener, and Mr. Woodard.
On motion of Mr. Gantt, the House adjourned until 10 o'clock
to-morrow morning.
143
WEDNESDAY MORNING, JANUARY 23, 1861.
The House met pursuant to adjournment.
Mr. Speaker Whitthorne in the Chair.
The Journal of yesterday was read and approved.
Mr. Jones offered the following House Resolution, No. 61 :
Resolved by the General Assembly of the State of Tennessee, That
the two Houses of this Assembly meet in joint convention in the
Hall of the House of Representatives, on Thursday, the 24th
January, 1861, at 2 o'clock, and proceed to the election of dele-
gates to a Convention of the slayeholding States, in accordance
with the resolutions adopted 23d January, 1861.
Which resolution lies over under the rule.
Mr. Pickett offered House Resolution No. 62, as folloWs:
Resolved by the General Assembly of the State of Tennessee, That
the use of the State Capitol be tendered to the ''American Asso-
ciation for the advancement of Science," (which is to hold its fif-
teenth annual session in the city of Nashville, commencing on
the 19th April, 1861,) as an evidence of the appreciation which
the labors of so distinguished a body of scientific men is held by
the Legislature of Tennessee, and whom we should all delight to
honor' for their services in the cause of science.
Which resolution, under the rule, lies over,
Mr. Hebb offered House Resolution No. 63, as follows:
Resolved by'the General Assembly of the State of Tennessee, That
the sense of this Assembly is, that on the assembling of the Con-
vention, that the Constitution of this State shall be so amended
that the Legislature shall not remain in session longer than ninety
days, unless called together by the Governor; that no new banks
shall be chartered, and that the State will issue no new State
bonds, or endorse bonds for any company whatever.
Which resolution, under the rule, lies over.
On motion of Mr. Jones, the rules were suspended, and House
Resolution No. 61, convening the two Mouses on the 24th inst-,
for the election of delegates to a' Southern Convention, was
adopted, and ordered to be immediately transmitted.
Mr. Guy offered House Resolution No. 64, as follows:
Resolved, That the use of this Hall be tendered to Hon. H. S.
Foote, at such time as he may desire to deliver an address.
On motion of Mr. Barksdale, the rules were suspended, and the
resolution adopted.
Yeas 44
Nays 17
144
Representatives voting in the affirmative are :
Messrs. Armstrong, Baker of Perry, Baker of Weakley, Barks-
dale, Bayless, Beatty, Bennett, Bicknell, Bledsoe, Brazelton, Brit-
ton, Butler, Caldwell, Cheatham, Cowden, Critz, Davis, Doak,
East, Ewing, Farrelly, Frazier, Guy, Hebb, Ingram, Jones, Ken-
nedy, Lea, Mayfisld, Morris, Morphis, Nail, Pickett, Sheid,
Shrewsbury, Smith, Sowell, Trevitt, Vaughn, White of Davidson,
Whitmore, Williams of Hickman, Williamson, and Mr. Speaker
Whitthorne.
Those voting in the negative are :
Messrs. Ford, Gillespie, Gorman, Greene, Havron, Johnson,
Kenner, Kincaid of Anderson, Kincaid of Claiborne, Martin,
McCabe, Norman, Roberts, Russell, Senter, Wisener, and Mr.
Woodard.
The House then resumed consideration of the military bill, the
special order of the day—Mr. Lea in the Chair.
The following message was received from the Senate :
Mr. Speaker :
The Senate has receded from its amendment to House Resolu-
tion No. 51, proposing amendments to the Constitution of the
United States, and the same is herewith returned to the House of
Representatives for enrolment.
The Senate has passed on third reading Senate Bill No. 6, to
amend the conventional interest act, and the same is herewith
transmitted for the action of the House of Representatives.
The Senate Resolution No. 22, for the relief of James R. Gar-
dener, and Senate Resolution No. 23, providing for a Conven-
tion of the two Houses to elect delegates, and the same are here-
with transmitted for the action of the House of Representatives.
I am directed by the Senate to transmit memorials from McMinn
county, on the subject of taxation.
Senate message, being Senate Resolution No. 23, to elect State
delegates, was taken up.
Mr. Ford moved to strike out Friday and insert Monday; which
motion failed.
Mr. Martin moved to strike out 11 o'clock, and insert ten min-
utes after 10 o'clock; which motion prevailed.
And the resolution as amended was adopted, and ordered to be
transmitted to the Senate.
By leave of the House, Mr. Jones withdrew his bill in lieu of
the Committee's military bill under consideration.
Mr. Gantt presented complimentary free tickets from the offi-
cers of the Tennessee and Alabama Railroad Company, over the
road, to the members of the House of Representatives.
On motion, the thanks of the House was tendered for the cour-
tesy.
145
Mr. Jones then offered another bill in lien of the pending bill
and amendments.
Mr. Wisener offered the following amendment to the bill in
lieu:
Strike out all that provides for the major general, and insert
" shall be elected by the volunteers to be bommanded by him."
Pending which, on motion, the House adjourned until 2 o'clock
this evening.
AFTERNOON SESSION.'
The Speaker laid before the House a communication from the
Comptroller of the Sta/te; which was read at the Clerk's desk, as
follows:
Comptroller's Office, )
Nashville, January 22, 1861, $
HON. W. C. WHITtHORNE,
' Speaker of the House of Representatives:
Sir—I have to-day received the joint resolution directory to
the Comptroller, inquiring as to the condition of the Treasury to
meet existing and current engagements, whether any railroads
have failed to meet their January interest,, and should they (ail to
meet their July interest, what means the Treasury has to meet it.
The balance in the Treasury is $43,140 17
Revenue due and reported to Attorneys General for
Collection 89,171 59
Revenue due for 1860—
From Revenue Collectors 208,672 41
" County Court Clerks 5,120 94
" Circuit Court Clerks 1,377 22
" Chancery Court Clerks 327 93
Making in and due the Treasury ,.$347,810 21
This amount would have been increased over $200,000, if the
Bank of Tennessee had paid into the Treasury its profits for
1860, amounting to $244,529 13. Of these profits, however, it
has paid but $30,391 31, withholding the balance under the act of
the 6th of February, 1860, chapter 27, section 8, alledging that,
10 H
146
$153,832 66 were bad and doubtful debts, contracted under a for-
mer administration of the Bank, and that $60,305 08, were due
to the Bank as a credit, according to the late President's report,
made to the Legislature, October 3, 1859. Without admitting or
discussing the right of the Bank to withhold these profits, I can
only say that, as long as it does so, it can not be relied upon as a
source of revenue to meet the ordinary expenses of the State,
nor can the $100,000, authorized by section 948, sub-section 1, of
the Code, be distributed to the Common Schools, if the Bank
either fails to make or pay over its profits. Assuming, however,
that it will, for the present year, pay its dividends into the Treas-
ury, and that the Legislature will not suspend the prompt collec-
tion of the revenue, and that the balances due will be paid, the
ordinary revenue to be collected ought to meet the existing and
current expenses of the State. It is true, the revenue for the pre-
sent year will be less than for the last, as, under the financial and
political troubles impending over us, the assessment of the value
of taxable property of the State will be below that for 1860,
which was $391,022,811, and to that extent, will diminish the
revenue to be collected. There will also be a further probable re-
duction from taxes on imported goods.
But should there be a deficiency of revenue to meet existing
and current engagements of the State before the next meeting of
the Legislature, the Bank of Tennessee, by a sort of common
law, and as the State is usually a heavy depositor, always honors
the checks of the Treasurer, and has assured the Executive offi-
cers it will continue to do so. If, however, extraordinary expen-
Mitures or appropriations are made during the present session, the
Legislature will, no doubt, levy a tax or order a loan, or provide
other means to meet them.
The Edgefield and Kentucky and Winchester and Alabama, two
short railroads, unfinished in their connections or to their original
termini, have failed to meet their January interest. They are
now in the hands of Receivers, appointed by the Governor, for
the benefit ot the State. Under section 1106 of the Code, I drew
upon the Treasurer to pay the interest for each of them ; for the
first, including exchange, $23,180 15, and for the last, also includ-
ing exchange, $13,359 90. I have also been notified that the
January interest has not been met upon the $350,000 of Mem-
phis City Bonds, endorsed by the State for the benefit of the
Memphis and Little Rock Railroad. I have directed the interest
upon them to be paid in the city of New York; interest and ex-
change amounting to $10,605.
If all the railroads in the State fail to meet their next July in-
terest, it is not presumed the Treasury would have the means to
meet it; but if so improbable a contingency occur, Ihe State
would take charge of the roads and 1 should draw, under section
1106, upon the Treasury, and the Bank of Tennessee, without
147
doubt, would furnish the money, trusting to the Legislature in Oc-
tober, to protect it and the honor of the State. The interest due
next July upon $12,193,000 of bonds loaned to railroads, will be
$365,790; if to this be added the interest due then upon the
$2,364,000 of bonds endorsed by the State for railroads, the whole
amount would be $436,710. I have heard no apprehensions ex-
pressed that the longer and finished roads would fail to meet their
interest, but should they do so, I do not doubt the State would
Which was referred to the Committee on Ways and Means.
Mr. Hebb introduced House Bill, No. 39, repealing an act
passed Feb. 13, 1860 ; which passed first reading.
House Bill, No. 37, for the repeal of the 6th section of ch. 125,
of an act passed 13th March, 1860 ; passed second reading.
House Bill, No. 29, a bill that will greatly relieve the people if
passed into a law; passed its second reading.
The House resumed the consideration of the unfinished busi-
ness, being the Military Bill.
The question being upon the adoption of the amendment of
Mr. Wisener to Mr. Jones' Bill in lieu.
Mr. Wisener's.amendment was adopted.
Mr Sheid moved to strike out that part of the 20th section re-
quiring them to go into camp three days in each year; which mo-
tion prevailed.
Yeas 54
Nays • 9
Representatives voting in the affirmative are ;
Messrs. Armstrong, Baker of Perry, Baker of Weakley, Barks-
dale, Bayless, Beatty, Bennett, Bledsoe, Brazelton, Britton, Butler,
Caldwell, Cheatham, Critz, Davidson, Davis, Dudley, East, Ewing,
Ford, Frazier, Gillespie, Gorman, Greene, Havron, Hebb, Hurt,
Kenner, Kennedy, Kincaid of Anderson, Kincaid of Claiborne,
Lockhart, Mayfield, McCabe, Morris, Morphis, Nail, Norman,
Roberts, Russell, Senter, Sheid, Shrewsbury, Smith, Sowell, Tre-
vitt, Trewhitt, Vaughn, White of Davidson, Williams of Hickman,
Williamson, Wisener, Woods, and Mr. Woodard.
Those voting in the negative are.
Messrs. Cowden, Doak, Farley, Farrelly, Gantt, Guy, Harris,
Ingram, Jones, Porter, and Mr.^Speaker Whitthorne.
Mr. Ewing offered the following amendment to section five :
Strike out the words eighteen thousand, and insert instead seven
thousand.
Mr. Farrelly moved to lay the amendment of Mr. Ewing upon
the table ; which motion failed.
promptly pay it.
Very respectfully,
J. T. DUNLAP.
Yeas.
Nays
31
35
148
Representatives voting in. the affirmative are :
Messrs. Baker of Perry, Baker of Weakley, Bayless, Barksdale,
Beatty, Cowden, Davidson, Doak, Farley, Farrelly, Frazier,
Gantt, Guy, Harris, Hurt, Ingram, Jones, Kennedy, Lea, Lock-
hart, Mayfield, Nail, Pickett, Porter, Sheid, Smith,iSowell, Vaughn,
Williams of Hickman, Whitmore, Woods, and Mr. Speaker Whit-
thorne.
Those voting in the negative are:
Messrs. Armstrong, Bicknell, Bledsoe, Britton, Butler, Caldwell,
Cheatham, Critz, Davis, Dudley, East, Ewing, Ford, Gillespie,
Gorman, Greene, Havron, Johnson, Kenner, Kincaid of Anderson,
Ivincaid of Claiborne, McCabe, Morphis, Norman, Roberts, Rus-
sell, Senter, Shrewsbury, Trevitt, Trewhitt, White of Da\idson,
Williamson, Wisener, and Mr. Woodard.
Mr. Jones demanded a division of the question, and the motion
to strike out prevailed.
Representatives voting in the affirmative are:
Messrs. Armstrong, Bicknell, Bledsoe, Brazelton, Britton, But-
ler, Caldwell, Cheatham, Critz, Davis, Dudley, East, Ewing, Ford,
Gillespie, Gorman, Greene, Havron, Hurt, Johnson, Kenner, Kin-
caid of Anderson, Kincaid of Claiborne, Mayfield, McCabe, Mor-
phis, Norman, Robert^, Russell, Senter, Shrewsbury, Trevitt,
Trewhitt, White of Davidson, Williamson, Wisener, and Mr.
Woodard.
Those voting in the negative are:
Messrs. Baker of Perry, Baker of Weakley, Barksdale, Bayless,
Beatty, Cowden, Davidson, Doak, Farley, Farrelly, Frazier, Gantt,
Guy, Harris, Ingram, Jones, Kennedy, Lea, Lockhart, Nail,
Pickett, Porter, Sheid, Smith, Sowell, Vaughn, Williams of Hick-
man, Woods, and Mr. Speaker Whitthorne.
Mr. Ewing moved to fill the blank with seven thousand ; which
.motion failed.
Yeas 10
Nays 56
Representatives voting in the affirmative are :
Messrs. Bicknell, Bledsoe, Ewing, Gillespie, Kenner, McCabe,
.Shrewsbury, Trevitt, Williamson, and Mr. Wisener.
Those voting in the negative are :
Messrs. Armstrong, Baker of Perry, Baker of Weakley, Barks-
.dale, Bayless, Beatty, Brazelton, Britton, Caldwell, Cheatham,
Cowden, Critz, Davidson, Davis, Doak, Dudley, East, Farley, Far-
relly, Ford, Frazier, Gantt, Gorman, Greene, Guy, Harris, Hav-
ron, Hebb, Hurt, Ingram, Jones, Johnson, Kennedy, Kincaid of
.Anderson, Kincaid of Claiborne, Lea, Lockhart, Mayfield, Mor-
Yeas
Nays
37
29
149
phis, Nail, Norman, Pickett, Porter, Roberts, Russell, Senter.
Sheid, Smith, Sowell, Trewhitt, Vaughn, White of Davidson,
Williams of Hickman, Woods, Woodard and Mr. Speaker Whit-
thorne.
Mr. McCabe moved to insert 50,000 in the blank.
Mr. Gantt moved to lay the motion upon the table; which pre-
vailed.
Yeas 58
Nays 8
Representatives voting in the affirmative are ;
Messrs. Armstrong, Baker of Perry, Baker of Weakley, Barks-
dale, Bayless, Beatty, Bicknell,* Brazelton, Britton, Butler, Cald-
well, Cheatham, Cowden, Critz, Davidson, Davis, Doak, Dudley,
East. Ewing, Farley, Farrelly, Ford, Frazier, Gantt, Gillespie,
Gorman, Gi eene, Guy, Hebb, Hurt, Ingram, Jones, Johnson, Aen-
ner, Kennedy, Kincaid of Anderson, Kincaid of Claiborne, Lea,
Lockhart, May field, Morphis, Nail, Porter, Roberts, Russell, Sen-
ter, Sheid, Smith, Sowell, Trevitt, Vaughn, White of Davidson,
Williams of Hickman, Williamson, Wisener and Mr. Woods.
Those voting in the negative are :
Messrs. Biedsoe, Harris Havron, McCabe, Norman, Pickett and
Mr. Trewhitt.
Mr. Bayless movffi to insert ten thousand.
Mr. McCabe moved to lay the motion upon the table; which
motion failed.
Representatives voting in the affirmative are :
Messrs. Armstrong, Bicknelf, Bledsoe, Brazelton, Britton, But-
ler, Caldwell, Cheatham, Critz, Davis, Dudley, East, Ewing, Gil-
lespie, Gorman, Greene, Havron, Hebb, Johnson, Kenner, Kincaid
of Anderson, Kincaid of Claiborne, McCabe, Morphis, Norman,
Russell, Senter. Shrewsbury. Trewhitt, White of Davidson, Wil-
liamson, Wisener and Mr. Woodard.
Those voting in the negative are:
Messrs. Baker of Perry, Baker of Weakley, Barksdale, Bayless,
Beatty, Cowden, Davidson, Doak, Farley, Farrelly, Ford, Frazier,
Gantt, Guy, Harris, Hurt, Ingram, Jones, Kennedy, Lea, Lock-
hart, Mayfield, Nail, Pickett, Porter, Roberts, Sheid, Smith, Sowell,
Trevitt, Vaughn, Williams of Hickmanj Whitmore, Woods and
Mr. Speaker Whitthorne.
The question was then had upon inserting 10,000, and the mo-
tion prevailed.
Yeas 35
Nays - 32
Representatives voting in the affirmative are:
Messrs. Baker of Perry, Baker of Weakley, Barksdale, Bayless,
Yeas.
N ays
33
34
150
Beatty, Cowden, Davidson, Doak, Dudley, Farley, Farrelly, Ford,
Frazier, Gantt, Guy, Harris, Hurt, Ingram, Jones, Kennedy, Lea,
Lockhart, Mayfield, Nail, Pickett, Porter, Roberts, Sheid, Smith,
Sovvell, Trevitt, Vaughn, Williams of Hickman, Whitmore, Woods
and Mr. Speaker Whitthorne.
Those voting in the negative are :
Messrs. Armstrong, Bicknell, Bledsoe, Brazelton, Britton, Butler,
Caldwell, Cheatham, Critz, Davis, East, Ewing, Gillespie, Gorman,
Greene, Havron, Hebb, Johnson, Kenner, Kincaid of Anderson,
Kincaid of Claiborne, McCabe, Morphis, Norman, Russell, Senter,
Shrewsbury, Trewhitt, White of Davidson, Williamson, Wisener
and Mr. Woodard.
On motion of Mr. Pickett, the House adjourned until 10 o'clock
to-morrow morning.
THURSDAY MORNING, JANUARY 24, 1861.
The House met pursuant to adjournment.
Mr. Speaker Whitthorne in the Chair.
Prayer by the Rev. Mr. Rains.
Journal of yesterday was read and approved.
Mr. Bledsoe offered House Resolution No. 65, as follows:
Resolved by the General Assembly of the State of Tennessee,
That the firing of cannon on Capitol Hill yesterday, while the
Legislature was in session, was an insult to the Rrepresentatives
of the people of Tennessee, and one that will not be submitted to
in the future.
A motion to suspend the rule to take up the resolution at once,
failed, and the resolution lies over.
The Speaker presented a petition from the Commissioners of
the State Capitol, in response to a joint resolution of the two
Houses, which was read at the clerk's desk, as follows:
Office of the Com'rs of State Capitol J
Nashville, January, 23, 1861. )
To the Honorable the Speaker of the Senate and of the House of
Representatives of the Legislature of Tennessee:
In answer to the queries propounded by the joint resolution,
dated the 21st inst., just handed to me, I have to report, that of
the appropriation of $100,000 made by the last regular session of
151
the Legislature, for the purpose of completing the State Capitol
and Public Grounds, there has been expended and paid out up to
this date the sum of $16,674 45, and there remains yet unexpended
of the appropriation the sum of $83,325 55, consisting of $75,000
of the Bonds of the State not yet called for or issued by the Gov-
ernor, and the sum of $8,325 52 of cash at the credit of the Com-
missioners of the Bank of Tennessee.
The purposes for which this expenditure has been made are for
salaries of superintendent and Secretary, wages of laborers, to the
Penitentiary for stone furnished for enclosure, tools, repairs, &c.
for mules, carts, and forage, for materials, lime, cement, sand,
powder for blasting, &c., for a portion of the cost of fitting up the
State Arsenal, and for other minor expenses.
I further report that the Board of Commissioners has no un-
completed contracts with any one. There is, however, due from
the Board a small amount, believed not to exceed $1,000 in the
aggregate, which is owing for stone furnished, repairs, &c., done
by the Penitentiary ; for tools, &c., purchased, and for wages due
laborers for the present week.
Should the honorable bodies over which you preside desire fur-
ther information as to the items of expense, it will be furnished as
soon as the Secretary of the Board can prepare it from the books
and vouchers.
All of which is respectfully submitted. '
S. D. MORGAN, P. B. C. S. C.
On motion of Mr. Bicknell, the rules were suspended, and the
appropriation bill was taken up.
Mr. Roberts offered the following amendment:
Be it further enacted, That the Comptroller issue his warrant
to the officers of the House and Senate for mileage, at the rate of
sixteen cents per mile.
On motion of Mr. Jones, the amendment was laid on the table.
Mr. Cheatham moved to fill the blank for indexing the Journal
with fifty dollars.
Mr. Jones moved to lay the motion on the table ; which motion
failed.
Yeas 22
Nays 44
Representatives voting in the affirmative are :
Messrs. Armstrong, Bledsoe, Ford, Gillespie, Gorman, Greene,
Hebb, Jones, Kenner, Kennedy, Kincaid of Claiborne, Morris,
Morphis, Norman, Roberts, Russell, Smith, Sovvell, Trevitt,
Vaughn, Williamson and Mr. Woods.
Those voting in the negative are:
Messrs. Baker of Perry, Baker of Weakley, Barksdale, Beatty,
Bennett, Bicknell, Brazelton, Butler, Caldwell, Cheatham, Cowden,
Davidson, Davis, Doak, Dudley, Ewing, Farley, Farrelly, Gantt,
152
Guy, Harris, Hurt, Ingram, Johnson. Kincaid of Anderson, Lea.
Lockhart, Mayfield, McCabe, Nail, Pickett, Porter, Richardson,
Senter, Sheid, Shrewsbury, Trewhitt, White of Davidson, Whit-
more, Williams of Hickman, Wisener, Woodard and Mr. Speaker
Whitthorne.
The question was then had on filling the blank with fifty dol-
lars, and the motion prevailed.
Yeas 35
Nays 30
Representatives voting in the affirmative are :
Messrs. Baker of Perry, Barksdale, Bayless, Beatty, Bennett,
Bicknell, Brazelton, Britton, Butler, Caldwell, Cheatham, Cowden,
Davis, Dudley, Bwing, Gantt, Gillespie, Guy, Ingram, Johnson,
Lea, Lockhart, Mayfield, McCabe, Nail, Pickett, Porter, Richard-
son, Shied, Shrewsbury, White of Davidson, Whitmoie, Williams
of Plickman. Wisener and Mr. Speaker Whitthorne.
Those voting in the negative are :
Messrs. Armstrong, Baker of Weakley, Bledsoe, Davidson,
Doak, Farley, Ford, Frazier, Gorman, Greene, Havron, Hebb,
Jones, Kenner, Kennedy, Kincaid of Anderson, Kincaid of Clai-
borne, Morris, Morphis, Norman, Roberts, Russell, Senter. Sovvell,
Trevitt, Trewhitt, Vaughn, Williamson, Woods and Mr. Woodard.
The bill as amended then passed a third reading.
Yeas 48
Nays 19
Representatives voting in the affirmative are:
Messrs. Baker of Perry, Baker of Weakley, Barksdale, Bayless,
Beatty, Bennett, Bicknell, Bledsoe, Caldwell, Cheatham, Cowden,
Davidson, Davis, Doak, Dudley, Ewing, Farrelly, Frazier, Gantt,
Gorman, Gay, Harris, Havron, Hurt, Ingram, Kennedy, Kincaid
of Claiborne, Lea, Lockhart, Mayfield, McCabe, Morphis, Nail,
Porter, Richardson, Roberts, Russell, Shied, Shrewsbury, Smith,
Trewhitt, White of Davidson, Whitmore, Williams of Hickman,
Williamson, Wisener, Woods, and Mr. Speaker Whitthorne.
Those voting in the negative are:
Messrs. Armstrong. Brazelton, Britton, Butler, Ford, Gillespie,
Greene, Hebb, Jones, Johnson, Kenner, Kincaid of Anderson,
Morris, Norman, Senter, Sowell, Trevitt, Vaughn, and Mr.
Woodard.
Mr. Havron offered House Resolution, No. 66, as follows:
Resolved by the General Assembly of the State of Tennessee, That
the Keeper of the Public Arms be directed to report to the House
instanttr the number and description of the public arms that have
been distributed among the different volunteer companies of this
State; and also what number and description of arms have been
received since his report dated 4th Jan. Also what further num-
153
ber of arms the State of Tennessee is entitled to from the Gene-
ral Government.
On motion, the rules were suspended and the resolution adopted.
The House then resumed the consideration of unfinished busi-
ness—the military bill—the question being upon Mr. Johnson's
motion to strike out all in the bill in lieu after the 4th section.
Mr. Sheid moved to lay the motion upon the table; which
motion failed.
Yeas 35
Nays ^ 35
Representatives voting in the affirmative are:
Messrs. Baker of Perry, Baker of Weakley, Barksdale, Bayless,
Beatty, Bpnnett, Cowden, Davidson, Doak, Dudley, Farley, Far-
relly, Ford, Frazier, Gantt, Guy, Harris, Hebb, Hurt, Ingram, Jones,
Kennedy, Lea, Lockhart, Mayfield, Nail, Porter, Sheid, Smith,
Sowell, Vaughn, Whitmore, Williams of Hickman, Woods, and
Mr. Speaker Whitthorne.
Those voting in the negative are:
Messrs. Armstrong, Bicknell, Bledsoe, Brazelton, Britton, But-
ler, Caldwell, Cheatham, Davis, East, Ewing, Gillespie, Gorman,
Greene, Havron, Johnson, Kenner, Kincaid of Anderson, Kincaid
of Claiborne, McCabe, Morris, Morphis, Norman, Pickett, Rich-
ardson, Roberts, Russell, Senter, Shrewsbury, Trevitt, Trewhitt,
White of Davidson, Williamson, Wisener, and Mr. Woodard.
The following message was received from the Senate :
Mr. Speaker :
The Senate has passed on third reading Senate Bill, No. 7, to
incorporate the Memphis Light Dragoon Company, and Senate
Bill, No. 14, to encourage foreign importations, and the same are
herewith transmitted for the action of the House of Represen-
tatives.
The Senate has amended and passed on third reading House
Bill, No. 14, for the relief4 of the tax-payers of the State, and the
same is herewith returned for the further 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 enrolled joint res-
olution, to elect delegates to the Southern Convention, and the
same is herewith transmitted.
I am directed to transmit the report of the Capitol Commis-
sioners, in response to a joint resolution of the two Houses, and
the same is herewith transmitted ; and also, a memorial from a
portion of the citizens of McMinn county, praying the Legislature
not to pass any law to arm the State which may increase the
taxes.
The Speaker of the Senate has signed enrolled joint resolutions:
154
directory to the Comptroller; for the relief of J. W. Roberts, Tax
Collector for Overton county, and joint resolution for the relief
of Ed. Willis, of Wilson county, and. others; and the same have
been deposited in the office of the Secretary of State.
Mr. Johnson moved that the House adjourn till 2 o'clock, P.M.
Upon which the ayes and noes were demanded by Mr. Lock"
hart, and the motion failed.
Yeas 14
Nays 49
Representatives voting in the affirmative are :
Messrs. Bennett, Bicknell, Caldwell, Cheatham, Frazier, Gilles-
pie, Johnson, Kincaid of Anderson, Morris, Porter, Richardson,
Trewhitt, White of Davidson, and Mr. Speaker Whitthorne.
Those voting in the negative are :
Messrs. Armstrong, Baker of Perry, Baker of Weakley, Barks-
dale, Bayless, Beatty, Bledsoe, Brazelton, Britton, Butler, Cowden,
Doak, Dudley, Ewing, Farley, Farrelly, Ford, Gantt, Gorman,
Guy, Harris, Havron, Hebb, Hurt, Ingram, Jones, Kennedy, Kin-
caid of Claiborne, Lea, Lockhart, Mayfield, McCabe, Morphis,
Nail, Pickett, Roberts, Russell, Senter, Sheid, Shrewsbury, Smith,
Sowell, Trevitt, Vaughn, Whitmore, Williams of Hickman, Wise-
ner, Woods, and Mr. Woodard.
Pending the discussion of Mr. Johnson's motion to strike out,
On motion of Mr. Jones, the House adjourned until ten minutes
after 2 o'clock, p. m.
AFTERNOON SESSION.
A communication was received from John Heriges, keeper of
the public arms, which was read at the Clerk's desk, as follows:
State Arsenal, Nashville, Jan. 4, 1861.
Sis Excellency Isham G. Harris, Governor of Tennessee:
Sir : In obedience to your order I have the honor of submitting
the following report of the number, character, and condition of
the public arms of the State :
There are now on hand in the Arsenal
4152 flint-lock muskets in good order.
2100 " " partially damaged.
2228 " u badly damaged.
155
185 percussion muskets in good order.
96 " rifles in good order.
54 " pistols in good order.
350 Halfs carbines, flint-lock, badly damaged.
20 cavalry sabres, with damaged scabbards.
132 cavalry sabres, old patterns, badly damaged.
50 horse artillery sabres, in good order.
1 twelve-pound bronze gun, partially damaged.
2 six-pound bronze guns, in good order.
1 six-pound iron gun, unserviceable.
And a large lot of old accoutrements, mostly in bad order.
Since having charge of the arms, I have issued to volunteer
companies, as per orders:
80 flint-lock muskets.
664 percussioned muskets.
230 rifle-muskets, cadet.
841 percussion rifles.
228 percussion pistols.
170 cavalry sabres.
50 horse artillery sabres.
The above arms were issued with the necessary accoutrements,
with but small exceptions, and of them the eighty flint-lock mus-
kets, fifty horse artillery sabres, and fourteen cavalry sabres, have
been returned to the Arsenal.
Respectfully, JOHN HERIGES,
Keeper of Public Arms.
The following communication, from the keeper of public arms,
was transmitted to the House of Representatives yesterday i
State Arsenal, Nashville, Jan, 24, 1861.
To the General Assembly of Tennessee:
In obedience to your resolution of this date, I have the honor
to report that, since my report to the Governor of the 4th instant,
there have been received at the Arsenal 700 rifle-muskets, new
pattern; and there have been issued, as per order, to Capt. Tur-
ney, of the " Mountain Boys," 96 percussio* rifles and accoutre-
ments.
I have on file in my office a communication from the Ordnance
Department at Washington, addressed to his Excellency the GovJ
ernor of Tennessee, dated January 10, 1861, which states that
the whole amount due the State for this year, and the balance
from last year, is 667 5-13 muskets. There is a memorandum on
the back, written by the Governor, dated January 14, 1861, stat-
ing that the whole amount due was ordered to be sent immediate-
ly in new pattern rifle-muskets.
It is impossible for me at present to state accurately what num-
ber and description of public arms have been distributed previous
156
to my having charge of them. I have received from the Secre-
tary of State all of the bonds for public arms 011 file in his office,
but have not had time to give them a thorough examination. I
find that many of them do not state the number and character
of arms for which they were given, and I have not been able to
find any receipts specifying the same. I have a statement from
the Ordnance Department, from which it appears that from the
passage of the act of 23d April, 1808, up to the 30th June, 1859,
there have been issued to the State of Tennessee 20,593 muskets,
2,500 rifles, 180 Hall's rifles, 2,983 pistols, 1,624 sabres, 10,915 in-
fantry accoutrements, 981 cavalry accoutrements, 3 six-pound
iron guns, 1 twelve-pound bronze gun, and 6 six-pound bronze
guns.
There have been received at the Arsenal 1,505 hammers and
1,000 cones, and an incomplete set of tools lor altering flint-lock
muskets to percussion. Arrangements are being made to com-
plete the set, and to fit up such tools as are required in making
necessary repairs on arms. There have been some 300 muskets
altered at the Arsenal.
I would suggest that the Arsenal requires completing in its ar-
xangements, the president of the commissioners having refused
to have it properly done at the time it was ordered by the Legis-
lature,
The House resumed the consideration of the military bill, the
question being upon Mr. Johnson's motion to strike out.
Mr. Beatty demanded the previous question; which was sus-
tained.
Representatives voting in the affirmative are:
Messrs. Baker of Perry, Baker of Weakley, Barksdale, Beatty,
Cheatham, Cowden, Davidson, Doak, Farley, Farrelly, Ford, Fra-
zier^Gantt, Guy, Harris, Hebb, Hurt, Ingram, Jones, Kennedy, Kin-
caid of Claiborne, Lea, McCabe, Morphis, Nail, Pickett,^Porter,
Roberts, Sheid, Smith, Sowell, Trevitt, Vaughn, Williams of Hick-
man, Williamson, Wisener, Woods, and Mr. Speaker Whitthorne.
Those voting in the negative are :
Messrs. Armstrong, Bayless, Bennett, Bicknell, Brazelton, Brit-
ton, Butler, Caldwell, Davis, Dudley, East, Gillespie, Gorman,
Greene, Havron, Johnson, Kenner, Kincaid of Anderson, Lock-
hart, Mayfield, Morris, Norman, Richardson, Russell, Senter,
Shrewsbury, Trewhitt, White of Davidson, Whitmore, and Mr.
Woodard.
The question was then had upon the motion of Mr. Johnson to
strike out i and the motion failed.
Veryrespectfully,
JOHN HERIGES,
Keeper of Public Arms.
Yeas
Nays •
38
30
157
Yeas
Nays
35
35
Representatives voting in the affirmative are:
Messrs. Armstrong, Bicknell, Bledsoe, Brazelton, Britton, But-
ler, Caldwell, Cheatham, Davis, Dudley, East, Ewing, Gillespie,
Gorman, Greene, Havron, Hurt, Johnson, Kenner, Kincaid of
Anderson, Kincaid of Claiborne, McCabe, Morris, Morphi^, Nor-
man, Richardson, Russell, Senter, Shrewsbury, Trevitt, Trewhitt,
White of Davidson, Williamson, Wisener, and Mr.Woodard.
Those voting in the negative are :
Messrs. Baker of P'erry, Baker of Weakley, Barksdale, Bayless,
Beatty, Bennett, Cowden, Davidson, Doak, Farley, Farrelly, Ford,
Frazier, Gantt, Guy, Harris, Hebb, Ingram, Jones, Kennedy, Lea,
Lockhart, Mayfield, Nail, Pickett, Porter, Roberts, Sheid, Smith,
Sowell, Vaughn, Whitmore, Williams of Hickman, Woods, and
Mr. Speaker Whitthorne.
The bill in lieu by Mr. Jones was then rejected.
Yeas «t • • *30
Nays 40
Representatives voting in the affirmative are :
Messrs. Baker of Perry, Baker of Weakley, Barksdale, Bayless,
Beatty, Bennett, Cowden, Davidson, Doak, Farley, Farrelly, Ford,
Frazier, Gantt, Guy, Harris, Hebb, Ingram, Kennedy, Lea, Nail,
Pickett, Roberts, Sheid, Smith, Sowell, Vaughn, Whitmore, Wil-
liams of Hickman, and Mr. Speaker Whitthorne.
Those voting in the negative are :
Messrs. Armstrong, Bicknell, Bledsoe, Brazelton, Britton, But-
ler, Caldwell, Cheatham, Davis, Dudley, East, Ewing, Gillespie,
Gorman, Greene, Havron, Jones, Hurt, Johnson, Kenner, Kincaid
of Anderson, Kincaid of Claiborne, Lockhart, Mayfield, McCabe,
Morris, Morphis, Norman„ Porter, Richardson, Russell, Senter,
Shrewsbury, Trevitt, Trewhitt, White of Davidson, Williamson,
Wisener, Woods, and Mr. Woodard.
Mr. Wisener's amendment to the amendments of the Commit-
tee to the original bill was then adopted.
Yeas 44
Nays .,..26
Representatives voting in the affirmative are: .
Messrs. 1 Armstrong, Bayless, Bicknell, Bledsoe, Brazelton,
Britton, Butler, Caldwell, Cheatham, Davis, Dudley, East, Ewing,
Ford, Frazier, Gillespie, Gorman, Greene, Havron, Hurt, John-
son, Kenner, Kennedy, Kincaid of Anderson, Kincaid of Clai-
borne, Lea, Mayfield, McCabe, Morris, Morphis, Norman, Porter,
Richardson, Roberts, Russell, Senter, Shrewsbury, Sowell, Trevitt,
Trewhitt, White of Davidson, Williamson, Wisener, and Mr.
Woodard,
158
Those voting in the negative are:
Messrs. Baker of Perry, Baker of Weakley, Barksdale, Beatty,
Bennett, Cowden, Davidson, Doak, Farley, Farrelly, Gantt, Guy,
Harris, Hebb, Ingram, Jones, Lockhart, Nail, Pickett, Sheid,
Smith, Vaughn, Whitmore, Williams of Hickman, Woods, and
Mr. Speaker Whitthorne.
The amendments of the Committee were then rejected.
Yeas 32
Nays .. .38
Representatives voting in the affirmative are :
Messrs. Baker of Perry, Baker of Weakley, Barksdale, Bayless,
Beatty, Bennett, Brazelton, Cowden, Davidson, Doak, Farley,
Farrelly, Frazier, Gantt. Guy, Harris, Hebb, Ingram, Kennedy,
Lea, Lockhart, Nail, Pickett, Porter, Sheid, Smith, Sowell, Vaughn,
Whitmore, Williams of Hickman, Woods, and Mr. Speaker
Whitthorne.
Those voting in the negative are:
Messrs. Armstrong, Bicknell, Bledsoe, Britton, Butler, Caldwell,
Cheatham, Davis, Dudley, East, Ewing, Ford, Gillespie, Gorman,
Greene, Havron, Hurt, Jones, Johnson, Kenner, Kincaid of An-
derson, Kincaid-of Claiborne, Mayfield,McCabe, Morris, Morphis,
Norman, Richardson, Roberts, Russell, Senter, Shrewsbury, Trev-
itt, Trewhitt, White of Davidson, Williamson, Wisener, and Mr.
Woodard.
The bill as amended was then passed.
Yeas 54
Nays • < • - • '18
Representatives voting in the affirmative are:
Messrs. Armstrong, Baker of Weakley, Barksdale, Bayless,
Bennett, Bicknell, Britton, Caldwell, Cheatham, Cowden, David-
son, Davis, Doak, Dudley, East, Ewing, Farley, Farrelly, Ford,
Frazier, Gantt, Gorman, Greene, Guy, Havron, Hebb, Hurt, John-
son, Kenner, Kennedy, Kincaid of Anderson, Kincaid of Clai-
borne, Lea, Lockhart, Mayfield, McCabe, Morris, Morphis, Nail,
Norman, Richardson, Roberts, Sheid, Shrewsbury, Smith,'Sowell,
Trevitt, Trewhitt, White of Davidson, Whitmore, Williamson,
Wisener, Woods, and Mr. Speaker Whitthorne.
Those voting in the negative are:
Messrs. Baker of Perry, Beatty, Brazelton, Butler, Gillespie,
Harris, Ingram, Jones, Pickett, Porter, Senter, Russell, Vaughn,
Williams of Hickman, and Mr. Woodard.
Mr. Morphis moved to transmit the bill to the Senate; which
was agreed to.
Yeas, 46
Nays 23
Representatives voting in the affirmative are:
Messrs. Armstrong, Baker of Weakley, Bicknell, Bledsoe, Braz-
159
elton, Britton, Butler, Caldwell, Cheatham, Davis, Dudley, East,
Ewing, Ford, Frazier, Gillespie, Gorman, Greene, Guy, Havron,
Hurt, Hebb, Johnson, Kenner, Kennedy, Kincaid of Anderson,
Kincaid of Claiborne, Mayfield, McCabe, Morris, Morphis, Nor-
man, Richardson, Russell, Sheid, Shrewsbury, Sowell, Trevitt,
Trewhitt, White of Davidson, Whitmore, Williamson, Wisener,
Woods, Woodard, and Mr. Speaker Whitthorne.
Those voting in the negative are :
Messrs. Baker of Perry, Barksdale, Bayless, Beatty, Bennett,
Cowden, Doak, Farley, Farrelly, Gantt, Harris, Ingram, ^Jones,
Lea, Lockhart, Nail, Pickett, Porter, Roberts, Senter, #Smith,
Vaughn, and Mr. Williams of Hickman.
Mr, Hebb obtained leave to record his vote in the affirmative
on the adoption of the resolutions on Federal Relations, adopted
on the 21st inst.
The Speaker presented an invitation from the Students of the
University of Nashville, (Medical Department,) to attend their
commencement, exercises to-morrow evening;
Which, on motion of Mr. Jones, was accepted.
On motion of Mr. Porter, the House adjourned until to-morrow
morning 10 o'clock.
FRIDAY MORNING, JANUARY 25, 1861.
The House met pursuant to adjournment.
Mr. Speaker Whitthorne in the Chair.
Prayer by the Rev. Mr. Raines.
On motion, the reading of the Journal was dispensed with, and
the House took a recess of five minutes preparatory to meeting
the Senate in Convention for the purpose of electing delegates to
a Southern Convention.
The House was called to order.
A message was received from the Senate, stating that that body
was ready to meet the House in Convention.
The Speaker of the Senate, with the officers and members of
that body, appeared at the bar of the House, and were invited to
take seats upon the floor.
The Hon. T. W. Newman, Speaker of the Senate, called the
Convention to order.
160
On motion of Mr. Morris, a call of the House was ordered, and
Representatives Brazelton, Ewing, Farrelly, Ford, Gorman, White
of Dickson, Williams of Franklin and Williams of Knox, failed to
respond to the call.
The original resolution under which the Convention was called,
was read.
Mr. Jones moved that the Convention proceed to the election,
first, of the two delegates from the State at large;
Which motion failed by a tie vote.
Yeas 34
Nays 34
Representatives voting in the affirmative are :
Messrs. Armstrong, Bicknell, Bledsoe, Britton, Butler, Caldwell,
Cheatham, Davis, Dudley, East, Gillespie, Gorman, Greene, Hav-
ron, Hurt, Jones, Johnson, Ivenner, Kincaid of Anderson, Kincaid
of Claiborne, Martin, McCabe, Morris, Morphis, Norman, Porter,
Richardson, Russell, Senter, Shrewsbury, Trewhitt, White of Da-
vidson, "Williamson and Mr. Woodard.
Those voting in the negative are :
Messrs. Baker of Perry, Baker of Weakley, Barksdale, Bayless,
Beatty, Bennett, Cowden, Critz, Davidson, Doak, Fariey, Far-
relly, Frazier, Gantt, Guy, Harris, Hebb, Ingram, Kennedy, Lea,
Lockhart, Mavfieid, Nail, Pickett, Roberts, Sheid, Smith, Sowell,
Trevitt, Vaughn, Whitmore, Williams of Hickman, Woods and
Mr. Speaker Whitthorne.
Mr. Wisener was excused from voting by the Convention.
Mr, Stokes moved that the Convention proceed to elect dele-
gates by Congressional Districts, beginning at the first; which
was agreed to.
Yeas 39
Nays - 32
Representatives voting in the affirmative are :
Messrs. Armstrong, Bicknell, Bledsoe, Brazelton, Britton, Butler,
Caldwell, Cheatham, Davis, Dudley, East, Ewing, Farrelly, Gilles-
pie, Gorman, Greene, Havron, Hurt, Jones, Johnson, Kenner, Kin-
eaid of Anderson, Kincaid of Claiborne, Martin, McCabe, Morris,
Morphis, Norman, Pickett, Porter, Richardson, Russell, Senter,
Shrewsbury, Trewhitt, White of Davidson, Williamson, Wisener
and Mr. Woodard.
Those voting in the negative'are :
Messrs. Baker of Perry, Baker of Weakley, Barksdale, Bayless,
Beatty, Bennett, Cowden, Critz, Davidson, Doak, Farley, Frazier,
Gantt, Guy, Harris, Hebb, Ingram, Kennedy, Lea, Lockhart, May-
field, Nail, Roberts, Sheid, Smith, Sowell, Trevitt, Vraughn, Whit-
more, Williams of Hickman, Woods and Mr. Speaker Whit-
thorne.
161
The Convention then proceeded to elect a delegate from the
First Congressional District.
Mr. Johnson nominated Sam Mulligan of Greene.
Mr Brazelton nominated Jas. W. Deaderick of Washington.
Representatives voting for Mr. Milligan are :
Messrs. Armstrong, Bayless, Bicknell, Bledsoe, Britton, Butler,
Caldwell, Cheatham, Davis, Dudley, East, Ewing, Farley, Far-
relly, Gillespie, Gorman, Greene, Havron, Hurt, Jones, Johnson,
Kenner, Ktncaid of Anderson, Kincaid of Claiborne, Martin,
Mayfield, McCabe, Morris, Morphis, Norman, Richardson, Russell,
Senter, Sheid, Shrewsbury, Trevitt, Trewhitt, White of Davidson,
Williamson, Wisener and Mr. Woodard—41.
Representatives voting for Mr. Deaderick:
Messrs. Bennett, Brazelton, Cowden, Guy, Harris, Hebb, Ken-
nedy Pickett, Porter and Mr. Roberts—10
Representatives voting for George R. Powell of Hawkins:
Messrs Baker of Perry, Critz, Davidson, Doak, Frazier, Lea,
Nail, Smith, Sowell, Woods and Speaker Whitthorne—11.
Representatives voting for Landon C. Haynes:
Mr Baker of Weakley and Mr. Whitmore.
Representatives voting for Wm. Brazelton of Jefferson:
Messrs. Barksdale, Ingram and Williams of Hickman.
R^resentative voting for Jas. Brazelton of Jefferson :
Mr. Vaughn.
Senators voting for Milligan, 13 ; for Deaderick, 10.
The President of the Convention declared Sam'l Milligan, of
the county ol Greene, duly elected delegate from the First Con-
gressional District to the Southern Convention.
The Convention proceeded to the election of a delegate from
the Second Congressional District.
Mr. Gantt nominated Hon. R. J. McKinney, of the county of
Knox.
Mr. Hildreth nominated Hon. Alvin Cullom, of the county of
Overton.
Mr. Vaughn nominated Gen. Wm. R. Caswell, of the county of
Knox.
Representatives voting for Mr. McKinney are:
Messrs. Baker of Perry, Baker of Weakley, Barksdale, Bayless,
Beatty, Bennett, Brazelton, Cowden, Critz, Davidson, Doak, Far-
ley, Frazier, Gantt, Guy, Harris, Hebb, Hurt, Ingram, Kennedy,
Lea* Lockhart, Mayfield, Nail, Pickett, Porter, Roberts, Sheid,
Smith, Sowell, Trevitt, Whitmore, Williams of Hickman, Woods
and Mr. Speaker Whitthorne.
Representatives voting for Mr. Cullom are :
Messrs. Armstrong, Bicknell, Bledsoe, Britton, Butler, Caldwell,
Cheatham, Davis, Dudley, Pdast, Ewing, Farrelly, Gillespie, Gor-
man, Greene, Havron, Jones, Johnson, Kenner, Kincaid of Ander-
son, Kincaid of Claiborne, Martin, McCabe, Morris, Morphis,
11 H
162
Norman, Richardson, Russell, Senter, Shrewsbury, Trewhitt, White
of Davidson, Williamson, Wisener and Mr. Woodard.
Representative voting for Gen. Caswell:
Mr. Vaughn.
Senators voting for McKinney, 11 ; for Cullom, 13.
The President declared Hon. A. Cullom the delegate elect from
the Second Congressional District.
The Convention proceeded to the election of a delegate from
the Third Congressional District,
Mr. Gillespie nominated Hon. Josiah M. Anderson, of the coun-
ty of Sequatchie.
Mr. Lane nominated Hon. G. W. Rowles, of the county of
Bradley.
Representatives voting for Mr. Anderson are:
Messrs. Armstrong, Bicknell, Bledsoe, Britton, Butler, CaldweH,
Cheatham, Davis, Dudley, East,Ewing, Gillespie, Gorman, Greene,
Havron, Hurt, Jones, Johnson, Kenner, Kincaid of Anderson,
Kincaid of Claiborne, Martin, McCabe, Morris, Morphis, Norman,
Richardson, Russell, Senter, Shrewsbury, Trewhitt, White of Da-
vidson, Williamson, Wisener and Mr. Woodard—35.
Representatives voting for Judge Rowles are :
Messrs. Baker of Perry, Baker of Weakley, Barksdale, Bayless,
Beatty, Bennett, Cowden, Critz, Davidson, Doak, Farley, Farrelly,
Frazier, Gantt, Guy, Harris, Hebb, Ingram, Kennedy, Lea, Lock-
hart, Mayfield, Nail, Pickett, Porter, Roberts, Sheid, Smith, Sowell,
Trevitt, Vaughn, Whitmore, Williams of Hickman, Woods and
Mr. Speaker Whitthorne—35.
The President of the Convention announced a tie vote between
ithe gentlemen nominated for the Third District, and ordered an-
other ballot, the same gentlemen being in nomination.
Representatives voting for Mr. Anderson are :
Messrs. Armstrong, Bicknell, Bledsoe, Britton, Butler, Caldwell,
Cheatham, Davis, Dudley, East, Ewing, Gillespie, Gorman, Greene,
Havron, Hurt, Jones, Johnson, Kenngr, Kincaid of Anderson, Kin-
caid of Claiborne, Martin, McCabe, Morris, Morphis, Norman,
Richardson, Russell, Senter, Shrewsbury, Trewhitt, White of Da-
vidson, Williamson, Wisener and Mr. Woodard—35.
Representatives voting for Judge Rowles are:
Messrs. Baker of Perry, Baker of Weakley, Barksdale, Bayless,
Beatty, Bennett, Cowden, Critz, Davidson, Doak, Farley, Farrelly,
Frazier, Gantt, Guy, Harris, Hebb, Ingram, Kennedy, Lea, Lock-
hart, Mayfield, Nail, Pickett, Porter, Roberts, Sheid, Smith, Sowell,
Trevitt, Vaughn, Whitmore, Williams of Hickman, Woods and
Mr. Speaker Whitthorne—35.
The result was announced for Anderson 47, and Rowles 47.
There being no election, the Convention balloted again with
the same result, Anderson 47, and Rowles 47. A third ballot was
taken as follows:
163
The result being announced a tie vote, the President of the
Convention ordered another ballot, the same gentlemen being in
nomination.
Kepresentatives voting for Mr. Anderson are:
Messrs. Armstrong, Bicknell, Bledsoe, Brazelton, Britton, Butler,
Caldwell, Cheatham, Davis, Dudley, Bast, Ewing, Gillespie, Gor-
man, Greene, Havron, Hurt, Jones, Johnson, Kenner, Kincaid of
Anderson, Kincaid of Claiborne, Martin, McCabe, Morris, Mor-
phis, Norman, Richardson, Roberts, Senter,-Shrewsbury, Trewhitt,
White of Davidson, Williamson, Wisener and Mr. Woodard—36.
Representatives voting for Judge Rowles are :
Messrs. Baker of Perry, Baker of Weakley, Barksdale, Bayless,
Beatty, Bennett, Cowden, Critz, Davidson, Doak, Farley, Farrelly,
Frazier, Gantt, Guy, Harris, Hebb, Ingram, Kennedy, JLea, Lock-
hart, Mayfield, Nail, Pickett, Porter, Russell, Sheid, Smith, Sowell,
Trevitt, Vaughn, Whitmore, Williams of Hickman, Woods and
Mr. Speaker Whitthorne—35.
The result was announced for Anderson 48, and Rowles 47,
and thereupon Col. Anderson was declared elected.
The President of the Convention declared Josiah M. Anderson
duly elected delegate from the Third Congressional District.
The Convention proceeded to elect a delegate from the Fourth
Congressional District.
Mr. Sheid nominated E. L. Gardenhire, of the county of Over-
ton.
Mr. Kenner nominated William Hickerson, of the county of
Coffee.
Representatives voting for Judge Gardenhire are:
Messrs. Baker of Perry, Baker of Weakley, Barksdale, Bayless,
Beatty, Bennett, Cowden, Critz, Davidson, Doak, Farley, Farrelly,
Frazier, Gantt, Guy, Harris, Hebb, Ingram, Kennedy, Lea, Lock-
hart, Mayfield, Nail, Pickett, Porter, Roberts, Sheid, Smith, Sowell.
Trevitt, Vaughn, Whitmore, Williams of Hickman, Woods and
Mr. Speaker Whitthorne—35.
Representatives voting for Col. Hickerson are ;
Messrs. Armstrong, Bicknell, Bledsoe, Britton, Butler, Caldwell,
Cheatham, Davis, Dudley, East, Ewing, Gillespie, Gorman,
Greene, Havron, Hurt, Jones, Johnson, Kenner, Kincaid of An-
derson, Kincaid of Claiborne, Martin, McCabe, Morris, Morphis,
Norman, Richardson, Russell, Senter, Shrewsbury, Trewhitt, White
of Davidson, Williamson, Wisener and Mr. Woodard—35.
The result was announced for Gardenhire 46, arid Hickerson
48, and thereupon Col. Hickerson was declared elected.
FIFTH CONGRESSIONAL DISTRICT.
Representative Bennett nominated Chancellor Jo. C. Guild, of
Sumner county. ,
164
Representative Martin nominated Judge Robert L. Caruthers,
of Wilson county.
The convention then balloted, with the following result:
Representatives voting for Chancellor Guild are :
Messrs. Baker of Perry, Baker of Weakley, Barksdale, Bayless,
Beatty, Bennett, Cowden, Critz, Davidson, Doak, Farley, Farrelly,
Frazier, Gantt, Guy, Harris, Hebb, Ingram, Kennedy, Lea, Lock-
hart, Nail, Pickett, Porter, Roberts, Sheid, Smith, Sowell, Trevitt,
Vaughn, Whitmore, Williams of Hickman, Woods, and Mr.
Speaker Whitthorne—34.
Representatives voting for Judge Caruthers are :
Messrs. Armstrong, Bicknel), Bledsoe, Britton, Butler, Caldwell,
Cheatham, Davis, Dudley, East, Ewing, Gillespie, Gorman,
Greene, H-avron, Hurt, Jones, Johnson, Kenner, Kincaid of An-
derson, Kincaid of Claiborne, Martin, Mayfield, McCabe, Morris,
Morphis, Norman, Richardson, Russell, Senter, Shrewsbury, Tre-
whiit, White of Davidson, Williamson, Wisener, and Mr. Woodard
—36.
The result was announced, for Guild 46 and Caruthers 48, and
thereupon Judge Caruthers was declared elected.
SIXTH CONGRESSIONAL DISTRICT.
Representative Hebb nominated Hon. Geo. W. Jones, of Lin-
coin county.
Representative Gantt nominated Gen. Gideon J. Pillow, of
Maury county.
The convention then balloted, with the following result:
Representatives voting for Mr. Jones are :
Messrs. Armstrong, Bicknell, Bledsoe, Britton, Butler, Caldwell,
Cheatham, Davis, Dudley, East, Ewing, Farrelly, Gillespie, Gor-
man, Greene, Havron, Hebb, Jones, Johnson, Kenner, Kincaid of
Anderson, Kincaid of Claiborne, Martin, McCabe, Morris, Mor-
phis, Norman, Richardson, Russell, Senter, Shrewsbury, Trewhitt,
White of Davidson, Williamson, Wisener, and Mr. Woodard—36.
Representatives voting for Gen. Pillow are :
Messrs. Baker of Perry, Baker of Weakley, Barksdale, Bayless,
Beatty, Bennett, Cowden, Critz, Davidson, Doak, Farley, Frazier,
Gantt, Harris, Hurt, Ingram, Kennedy, Lea, Lockhart, Nail, Por-
ter, Roberts, Sheid, Smith, Sowell, Trevitt, Vaughn, Whitmore,
Woods, and Mr. Speaker Whitthorne—30.
Representative Pickett voted for A. S. Colyar, of Franklin
county.
Representative Williams of Hickman voted for W. C. Whit-
thorne.
The result was announced, for Jones 48 and Pillow 41, and
thereupon Mr. Jones was declared elected.
165
SEVENTH CONGRESSIONAL DISTRICT.
Representative Morphis nominated J. F. McKinney, Esq., of
McNairy couniy.
Representative Beatty nominated Thomas Martin, Esq., of
Giles county.
The convention then balloted, with the following result:
Representatives voting for Mr. McKinney are :
Messrs. Armstrong, Bicknell, Bledsoe, Britton, Butler, 'Caldwell,
Cheatham, Davis, Dudley, East, Ewing, Gillespie, Gorman,
Greene, Havron, Jones, Johnson, Kenner, Kincaid of Anderson.
Kincaid of Claiborne, Martin, McCabe, Morris, Morphis, Norman,
Richardson, Russell, Senter, Shrewsbury, Trewhitt, White of Da-
vidson, Williamson, Wisener, and Mr. AVoodard—34.
Representatives voting for Mr. Martin are :
Messrs. Baker of Perry, Baker of Weakley, Barksdale, Bayless,
Beatty, Bennett, Cowden, Critz, Davidson, Doak, Farley Farrelly,
Frazier, Gantt, Guy, Harris, Hebb, Hurt, Ingram, Kennedy, Lea,
Lockhart, Mayfield, Nail, Pickett Porter, Roberts, Sheid, Smith,
Sowell, Trevitt, Vaughn, Whitmore, Williams of Hickman, Woods,
and Mr. Speaker Whitthorne—36.
The result was announced, for McKinney 46 and Martin 48,
and thereupon Mr. Martin was declared elected.
EIGHTH CONGRESSIONAL DISTRICT.
Representative Dudley nominated Alfred Robb, Esq., of Mont-
gomery county.
Representative Lockhart nominated Hon. F. K. Zollicoffer, of
Davidson county.
The convention then balloted, with the following result:
Representatives voting for Mr. Robb are :
Messrs. Armstrong, Bicknell, Bledsoe, Britton, Butler, Cald-
well, Chealham, Davis, Dudley, East, Ewing, Gillespie, Gorman,
Greene, Ilavron, Hurt, Johnson, Kenner, Kincaid of Anderson,
Kincaid of Claiborne, Martin, McCabe, Morris, Morphis, Norman,
Richardson, Russell, Senter, Shrewsbury, Trewhitt, White of Da-
vidson, Williamson, and Mr. Wisener—33.
Representatives voting for Gen. Zollicoffer are:
Messrs. Baker of Perry, Baker of Weakley, Barksdale, Bayless,
Beatty, Bennett, Cowden, Critz, Davidson, Doak, Farley, Farrelly,
Frazier, Gantt, Guy, Harris, Hebb, Ingram. Jones, Kennedy, Lea,
Lockhart, Mayfield, Nail, Pickett, Porter, Roberts, Sheid, Smith,
Sowell, Trevitt, Vaughn, Whitmore, Williams of Hickman, Woods,
Woodard, and Mr. Speaker Whitthorne—37.
The result was announced, for Robb 45 and Zollicoffer 49, and
thereupon Gen. Zollicoffer was declared elected.
166
NINTH CONGRESSIONAL DISTRICT.
Representative Nail nominated Judge William Fitzgerald, of
Henry county.
Senator Allen nominated Isaac R. Hawkins, Esq., of Carroll
county.
The convention then balloted, with the following result:
Representatives voting for Judge Fitzgerald are :
Messrs. Baker of Perry, Baker of Weakley, Barksdale, Bayless,
Beatty, Bennett, Cowden, Critz, Davidson, Doak, Farley, Frazier,
Gantt, Harris, Plebb, Ingram, Kennedy, Lea, Lockhart, Nail, Rob-
erts, Sheid, Smith, Sowell, Trevitt, Whitmore, Williams of Hick-
man, Woods, and Mr. Speaker Whitthorne—29.
Representatives voting for Mr. Hawkins are:
Messrs. Armstrong, Bicknell, Bledsoe, Brazelton, Britton, But-
ler, Caldwell, Cheatham, Davis, Dudley, East, Ewing, Farrelly,
Gillespie, Gorman, Greene, Havron, Hurt, Jones, Johnson, Ken-
ner, Kincaid of Anderson, Kincaid of Claiborne, Martin. Mayfield,
McCabe, Morris, Morphis, Norman, Pickett, Porter, Richardson,
Russell, Senter, Shrewsbury, Trewhitt, White of Davidson, Wil-
liamson, Wisener, and Mr. Woodard—40.
Representative Vaughn voted for James D. Porter, jr.
The result was announced, for Fitzgerald 38 and Hawkins 55,
and thereupon Mr. Hawkins was declared elected.
TENTH CONGRESSIONAL DISTRICT.
Representative Hurt nominated Hon. William H. Stephens, of
Madison county.
No other nomination was made, and Mr. Stephens received 80
votes; scattering 12.
Representatives voting for Mr. Stephens are:
Messrs. Armstrong, Baker of Perry, Baker of Weakley, Bay-
less, Beatt}% Bennett, Bicknell, Bledsoe, Brazelton, Britton, Cald-
well, Cheatham, Critz, Davidson, Davis, Doak, Dudley, East,
Ewing, Farley, Frazier, Gantt, Gillespie, Gorman, Greene, Guy,
Havron, Hebb, Hurt, Ingram, Johnson, Kenner, Kennedy, Kin-
caid of Anderson, Kincaid of Claiborne, Lea, Lockhart, Martin,
Mayfield, McCabe, Morris, Morphis, Norman, Porter, Richard-
son, Roberts, Russell, Senter, Shrewsbury, Smith, Sowell, Trevitt,
Trewhitt, White of Davidson, Williamson, Wisener, Woods, Wood-
ard, and Mr. Speaker Whitthorne.
Representatives voting for Mr. W. T. Farley.
Messrs. Farrelly, Guy, Nail, Sheid, and Mr. Whitmore.
Representatives voting for Mr. Hurt:
Messrs. Cowden, Pickett, Vaughn, and Mr. Williams of Hick-
man.
Representative voting for Mr. Gallaway :
Mr. Barksdale.
167
Representative voting for Mr. J. P. Farrelly:
Mr. Jones.
FOR THE STATE AT LARGE.
The President (Mr. Speaker Newman) announced that the con-
vention would ballot for one at a time.
Senator Bumpass nominated Judge A. O. W. Totten, of Madi-
son county.
Representative Jones nominated Hon. W. C. Dunlap, of Shelby
county.
The convention then balloted, with the following result:
Representatives voting for Judge Totten are :
Messrs. Baker of Perry, Baker of Weakley, Barksdale, Bayless,
Beatty, Bennett, Cowden, Critz, Davidson, Doak, Farley, Frazier,
Gantt, Guy, Harris, Hebb, Hurt, Ingram, Kennedy, Lea, Lock-
hart, Mayfield, Nail, Pickett, Roberts, Sheid, Smith, Sowell, Tre-
vitt, Vaughn, Whitmore, Williams of Hickman, Woods, and Mr.
Speaker Whitthorne—34.
Representatives voting for Mr. Dunlap are :
Messrs. Armstrong, Bicknell, Bledsoe, Brazelton, Britton, But-
ler, Caldwell, Cheatham, Davis, Dudley, East, Ewing, Farrelly,
Gillespie, Gorman, Greene, Havron, Jones, Johnson, Kenner,
Kincaid of Anderson, Ivincaid of Claiborne, Martin, McCabe,
Morris, Morphis, Norman, Richardson, Russell, SenteC Shrews-
bury, Trewhitt, White of Davidson, Williamson, Wisener, and
Mr. Woodard—36.
The result was announced, for Totten 47 and Dunlap 47.
There being no election, the convention balloted, with the follow-
ing result:
Representatives voting for Judge Totten are:
Messrs. Baker of Perry, Baker of Weakley Barksdale, Bayless,
Beatty, Bennett, Cowden, Critz, Davidson, Doak, Dudley, Far-
ley, Frazier, Gantt, Guy, Harris, Hebb, Hurt, Ingram, Kennedy,
Lea, Lock hart, Mayfield, Nail, Pickett, Roberts, Shied, Smith,
Sowell, Trevitt, Vaughn, Whitmore, Williams of Hickman, Woods,
and Mr. Speaker Whitthorne—35.
Representatives voting for Mr. Dunlap are :
Messrs. Armstrong, Bicknell, Bledsoe, Brazelton, Britton, But-
ler, Caldwell, Cheatham, Davis, East, Ewing, Farrelly, Gillespie,
Gorman, Greene, Havron, Jones, Johnson, Kenner, Kincaid of
Anderson, Kincaid of Claiborne, Martin, McCabe, Morris, Mor-
phis, Norman, Porter, Richardson, Russell, Senter, Shrewsbury,
Trewhitt, White of Davidson, Williamson, Wisener, and Mr.
Woodard—36.
The result was announced, for Totten 48 and Dunlap 47, and
thereupon Judge Totten was declared elected.
Nominations were announced in order for the remaining dele-
gate for the State at large.
168
Representative Hurt nominated Judge R. J. McKinney, of Knox
county.
Representative Jones nominated Hon. Edwin H. Ewing, of
Davidson county.
The convention balloted, with the following result:
Representatives voting for Judge McKinney are :
Messrs. Baker of Perry, Baker of Weakley, Barksdale, Bayless,
Beatty, Bennett, Brazelton, Cowden, Critz, Davidson, Doak, Far-
ley, Farrelly, Frazier, Gantt. Guy, Harris, Hebb, Hurt, Ingram,
Kennedy, Lea, Lockhart, May fie Id, Nail, Porter, Roberts, Shied,
Smith, Sowell, Vaughn, Whitmore, Williams of Hickman, Woods,
and Mr. Speaker Whitthorne—36.
Representatives voting for Mr. Ewing are:
Messrs. Armstrong, Bicknell, Bledsoe, Britton, Butler, Caldwell,
Cheatham, Davis, Dudley, East, Ewing, Gillespie, Gorman, Greene,
Havron, Jones, Johnson, Kenner, Ivincaid of Anderson, Kincaid
of Claiborne, Martin, McCabe, Morris, Morphis, Norman, Rich-
ardson, Russell, Senter, Shrewsbury, Trewhitt, White of David-
son, Williamson, Wisener, and Mr. Woodard—34.
Representative Pickett voted for John Trimble, Esq., of Da>
vidson county.
The result was announced, lor McKinney 48 and Ewing 46, and
thereupon Judge McKinney was declared elected.
The convention was then dissolved, and the Speaker called the
House to order.
Mr. Cheatham moved that the House stand adjourned until
Monday morning, 10 o'clock.
Upon which motion Mr. Harris demanded the ayes and noes,
and resulted—
Yeas 30
Nays 39
✓
Representatives voting in the affirmative are :
Messrs. Armstrong, Barksdale, Beatty, Bennett, Bicknell, Braz-
elton, Caldwell, Cheatham, Cowden, Critz, Davidson, Davis, East,
Ewing, Gillespie, Havron, Hebb, Hurt, Johnson, Lea Martin,
Morphis, Pickett, Porter, Russell, Sheid, Shrewsbury, Trewhitt,
White of Davidson, and Mr. Whitmore.
Those voting in the negative are :
Messrs. Baker of Perry, Baker of Weakley, Bayless, Bledsoe,
Britton, Butler, Doak, Dudley, Farrelly, Frazier, Gantt, Gorman,
Guy, Harris, Ingram, Jones, Kenner, Kennedy, Kincaid of Ander-
son, Kincaid of Claiborne, Lockhart, Mayfield, McCabe, Nail, Nor-
man. Richardson, Roberts, Senter, Smith, Sowell, Trevitt, Vaughn,
Williams of Hickman, Williamson, Wisener, Woods, Woodard,
and^Mr. Speaker Whitthorne.
A motion was then made to adjourn to 3 o'clock, P.M., it being
ten minutes past 1 o'clock; which motion failed.
169
Yeas • • • 26
Nays -37
Representatives voting in the affirmative are:
Messrsi Baker of Weakley, Bicknell, Bledsoe, Britton, David-
son, Davis, Doak, Dudley, Fi azier, Gantt, Greene, Harris, Ingram,
Kennedy, Lea, Lockhart, Mayfield, Nail, Richardson, Sowell,
Trevitt, White of Davidson, Williamson, Wisener, Woodard, and
Mr. Speaker Whitthorne.
Those voting in the negative are:
Messrs. Armstrong, Baker of Perry, Barksdale, Bayless, Beatty,
Bennett, Brazelton, Caldwell, Cheatham, Cowden, Critz, East,
Ewing, Gillespie, Ilavron, Hebb, Johnson, Kenner, Kincaid of
Anderson, Kincaid of Claiborne, Martin, McCabe, Morris, Mor-
phis, Norman, Pickett, Porter, Roberts, Center, Shrewsbury,
Smith, Trewhitt, Vaughn, Williams of Hickman, and Mr. Woods.
On motion of Mr. McCabe, the House adjourned until 9 o'clock
to-morrow morning.
i °
SATURDAY MORNING, JANUARY 26, 1861.
The House met pursuant to adjournment.
Mr. Speaker Whitthorne in the Chair.
Journal of yesterday was read and approved.
Mr. Senter gave notice of his intention at another time to enter
a protest against the action of the Convention yesterday.
Mr. Bledsoe obtained leave to record his vote against the Mili-
tary Bill.
Mr. Trewhitt obtained leave to change his vote to the negative
on the Military Bill.
Mr. Russell introduced House Bill No. 40, a bill that will truly
relieve the people.
Passed first reading.
Mr. Critz introduced House Bill No. 41, a bill to allow the sher-
iff cf Hawkins county the power of appointing more deputies.
Passed first reading.
The Committee on Enrolled Bills made the following report:
The Committee on Enrolled Bills have examined House Bills
Nos. 17 and 35, and find them correctly engrossed.
Respectfully submitted,
W. N. BAKER, Chairman, pro tem.
170
Senate message, being memorials from citizens of McMinn
county, was, on motion, laid upon the table.
Senate message, being Senate Resolution No. 22, tor the relief
of Jas. R. Gardner, was taken up.
Mr. Bledsoe offered the following amendment:
Be it further enacted, That the Comptroller issue his warrant
to Jo. G. Pickett, of Smith county, for $20 on the Bank of Ten-
nessee, accidentally lost.
Which was ruled out of order by the Speaker, (Mr. Lea in the
Chair.)
The resolution was then rejected.
Yeas 21
Nays 32
Representatives voting in the affirmative are :
Messrs. Baker of Weakley, Barksdale, Bennett, Bicknell, Brit-
ton, Critz, East, Farley, Farrelly, Frazier. Kennedy, Lockhart.
McCabe, Nail, Trewhitt, Vaughn, White of Davidson, Williams of
Hickman and Mr. Speaker Whitthorne.
Those voting in the negative are :
Messrs. Armstrong, Baker of Perry, Bayless, Bledsoe, Butler,
Cheatham, Davidson, Dudley, Giliespie, Greene, Harris, Iiebb,
Hurt, Ingram, Johnson, Kenner, Kincaid of Anderson, Kincaid of
Claiborne, Lea, Mayfield, Morris, Morphis, Norman, Pickett, Por-
ter, Richardson, Roberts, Russell, Senter, Shrewsbury, Woods and
Mr. Woodard.
Senate message, being Senate amendments to House Bill No.
14, for the relief of the tax payers Vff the State, was taken up,
and the amendments of the Senate concurred in by the House.
Mr. Smith introduced House Bill No. 42, for the benefit of ex-
ecutors and administrators;
Which passed first reading.
On motion of Mr. Farrelly, the rules were suspended, and
House Bill No. 20, was taken up, and the amendments adopted.
Mr. Trewhitt moved to strike out the word " invasion ," which
motion failed.
The bill then passed third reading.
Yeas 28
Nays 27
Representatives voting in the affirmative are :
Messrs. Baker of Perry, Baker of Weakley, Barksdale, Bayless,
Bennett, Bicknell, Britton, Critz, Davidson, Farrelly, Frazier, Gantt,
Harris, Eebb, Ingram, Kennedy, Lea, Lockhart, Nail, Pickett,
Roberts, Sheid, Sowell, Trevitt, Vaughn, White of Davidson, Wil-
liams of Hickman, Woods and Mr. Speaker Whitthorne.
Those voting in the negative are :
Messrs. Armstrong, Bledsoe, Britton, Cheatham, Davis, Dudley,
171
East, Ewing, Gillespie, Havron, Johnson, Kenner, Kincaid of An-
derson, Kincaid of Claiborne, Martin, Mayfield, McCabe, Morris,
Morphis, Norman, Porter, Russell, Senter, Smith, Trewhitt, Wil-
liamson and Mr. Woodard.
On motion of Mr. Barksdale, the bill was ordered to be trans-
mitted to the Senate.
Senate Bill No. 6, to amend the conventional interest law, was
taken up, and passed first reading, and Mr. Martin's motion to
print failed.
Senate Bills No. 7, to incorporate the Memphis Light Dragoon
Company, and No. 14, to encourage Foreign Importations, passed
first reading.
Senate Bill No. 10, for the relief of railroad companies and re-
ceivers, was taken up, and the amendments heretofore offered by
the committee were adopted.
Mr. Bicknell offered the following amendment:
Sec. —. Be it further enacted, That the County Court of Blount
county may, in their discretion, appropriate the funds heretofore
collected by said county as railroad taxes, for county purposes:
Provided, said County Court shall hereafter, when notified by the
Knoxville and Charleston Railroad Company, levy a tax sufficient
to meet the interest on the bonds heretofore authorized to be is-
sued by said county, for the benefit of said Knoxville and Charles-
ton Railroad Company, according to the provisions of the act
providing for the issuance of said bonds.
Which amendment was adopted.
Mr. East offered the following amendment:
Be it enacted by the General Assembly of the State of Tennessee,
That in all cases where now, by law, new counties are required
to vote with the old counties from which they were taken, and
said old counties have been re districted, and under said division
into districts no district is laid off in the new counties, the voters
of any fragment of the old counties so taken off, shall vote in the
district laid off from said portion of the old counties by the Coun-
ty Court of the new county, and the officers now required by law
to open and hold elections, shall open and hold the same at the
places required in this act.
Which was adopted, and the bill as amended passed its second
reading.
Senate Bill No. 4, to give the Banks further time to resume spe-
cie payments, was taken up.
Mr. Trewhitt offered the following amendment:
In the 4th line, after the word " same," add, and all Banks in
operation and doing business at the passage of said act;" and in
the 10th line, after the word " other," add, " and of their respec-
tive branches."
When, on motion of Mr. Hebb, the bill was made the special
order for Tuesday next.
172
Mr. Williamson moved a suspension of the rules to take up the
resolution fixing the time of adjournment; which failed.
House Bills No. 26, to amend section 3515 of the Code of Ten-
nessee;
No. 27, relative to Chancellor's injunctions ;
No. 28, authorizing the sheriff of Hawkins county to appoint
two additional deputies ;
No. 30, to regulate the future management of the Bank of Ten-
nessee and. Branches;
No. 31, to repeal section 521 of the Code ;
No. 32, directory to the County Court of Hickman county;
No 33, to extend the time for returning Justice's executions;
No. 34, to amend the charter of the Gallatin and Cole's Ferry
Turnike Company ;
No. 36, to relieve the people from taxation, and provide for
the defence of the State ;
No. 38, to abolish the offices of Bank Supervisor and Road
Commissioners ; and,
House Bill, No. 39, relating to the Fayetteville and Alabama
Turnpike Company; were severally read a second time and
passed.
The following message was received from the Senate:
Mr. Speaker :
The Senate has passed on third reading, Senate Bill, No. 11,
to incorporate the Southern Savings Institution of Memphis ; and
Senate Bill, No. 15, for the relief of parties who appeal from an
Inferior to a Superior Court; and also Senate Bill, No. 17, an act
for the relief of Tax Payers ; and Senate Bill, No. 16, to incor-
porate a Military Department in Andrew College, and to incorpo-
rate the Memphis Arms Company; and the same are herewith
transmitted for the action of the House of Representatives.
The Senate has adopted Senate .Resolution, No. 21, directory
to the President of the United States, and our Representatives in
Congress; and also Senate Resolution. No. 24, for the relief of
N. Gf. Phillips ; and the same are herewith transmitted for the ac*
tion of the Idouse of Representatives.
The Speaker of the Senate has signed enrolled Resolution, to
elect delegates to the General Convention of Slaveholding States ;
and the same has been deposited in the office of the Secretary of
State.
Mr. Davis moved to refer all Bank propositions before the
House to a special committee, to make them the special order for
Tuesday next at 10 o'clock, A. M.; which was agreed to.
Mr. Hurt moved to reconsider the mot'on of Mr. Davis, appoint-
ing a Special Committee upon the Bank question ; which motion
to reconsider prevailed.
173
Mr. Davis amended his motion, by requiring the committee to
report on Monday morning ; which was adopted.
Mr. Martin moved to reconsider the vote making the Bank re-
lief question the special order for Tuesday, and make it the spe-
cial order for Monday morning.
Mr. Harris moved to lay the motion to reconsider the vote
making the Bank question the special order for Tuesday, upon the
table ; which was agreed to.
The Speaker appointed the following Representatives as the
committee: Messrs. Davis, Gantt, Dudley, Vaughn and Sheid.
Senate Bills, No. 11, to incorporate the Southern Savings Insti-
tution of Memphis;
No. 15, for the relief of parties who appeal from an Inferior to
a Superior Court;
No. 16, incorporating a Military Department in Andrew College,
and a Memphis Arms Company.
No. 17, for the relief of Tax Payers ; were severally passed
first reading.
Senate Resolution, No. 21, directory to the President, and our
Representatives in Congress, were laid upon the table, on motion
of Mr. Porter.
Yeas
Nays
Representatives voting in the affirmative are :
Messrs. Baker of Perry, Baker of Weakley, Barksdale, Bicknell,
Critz, Davidson, Farley, Farrelly, Frazier, Gantt, Harris, Hebb,
Hurt, Ingram, Kennedy, Lea, Lockhart, Nail, Porter, Robert;3,
Sheid, Smith, Sowell, Trevitt, Yaughn, White of Davidson, Whit-
more, Milliams of Hickman, Woods and Mr. Speaker Whit-
thorne.
Those voting in the negative are :
Messrs. Armstrong, Bayless, Bledsoe, Brazelton, Britton, Davis,
Dudley, East, Ewing, Gillespie, Greene, Havron, Johnson, Ken-
ner, Kincaid of Anderson, Martin, Mayfield, McCabe, Morris,
Morphis, Norman, Pickett, Richardson, Russell, Senter, Shrews-
bury, Trewhitt, Williamson and Mr. Woodard.
Senate Resolution, No. 24, for the relief of N, G. Phillips, was
adopted.
By leave of the House, Mr. Brazelton introduced House Reso-
lution, No. 67, as follows:
Whereas, Some portions of this State have drawn more arms
than others ; therefore,
Be it resolved by the, General Assembly of the State of Tennessee,
That the Governor be, and he is hereby requested to issue no
more arms till a pro rata distribution of the arms on hand be
made.
30
29
174
A motion to suspend the rules to take up the resolution failed,
and it lies over one day.
House Bill, No. 29, a bill that will greatly relieve the people if
passed into a law, was taken up.
Mr. Williams of Hickman offered the following amendment:
Insert at the end of the last section, That this act expire by its
own limitation, 1st day of January, 1863; which was adopted.
Mr. Martin moved to strike out the next to the last section of
the bill; which was agreed to.
Yeas 28
Nays . -23
Representatives voting in the affirmative are :
Messrs. Baker of Perry, Barksdale, Bayless, Bennett, BickneJl,
Davis, Ewing, Farrelly, Frazier, Harris, Lea, Lockhart, Martin,
Mayfield, McCabe, Nail, Porter, Roberts, Russell, Shrewsbury,
Smith, Sowell, Trevitt, White of Davidson, Williams of Hick-
man, Woods, Woodard and Mr. Speaker Whitthorne.
Those voting in the negative are:
Messrs. Armstrong, Baker of Weakley, Brazelton, Britton,
Critz, Davidson, Dudley, East, Gillespie, Hebb, Ingram, Johnson,
Kenner, Kennedy, Morris, Morphis, Norman, Pickett, Richardson,
Senter, Sheid, Trewhitt and Mr. Vaughn.
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, Britton, Butler, Critz, Davidson, Davis, Dudley, Ewing,
Greene, Harris, Havron, Hebb, Johnson, Kenner, Kincaid of An-
derson, Martin, Mayfield, McCabe, Morris, Morphis, Norman,
Pickett, Porter, Richardson, Roberts, Russell, Shied, Shrewsbury,
Trewhitt, Vaughn, White of Davidson and Mr. Williams of Hick-
man.
Those voting in the negative are :
Messrs. Armstrong, Bledsoe, Brazelton, East, Farley, Farrelly,
Frazier, Hurt, Ingram, Lea, Lockhart, Nail, Senter, Smith, Sowell,
Trevitt, Whitmore, Woods, Woodard and Mr. Speaker Whit-
thorne.
The bill was ordered to be transmitted to the Senate.
House Bill No 37, for the repeal of the sixth section of the act
of 13th March, 1860, chapter 125, was amended, and passed third
reading.
Resolutions in lien of Resolutions Nos. 9, 6, 10, 18, 21, 22, 26,
28, 30. 34, 40, and 43, were, on motion, laid upon the table.
House Resolutions, Nos. 32, 49, 42, and 20, on Federal Rela-
tions, having been superseded by other resolutions, were, on mo-
tion, laid upon the table.
Yeas
Nays
37
20
175
House Resolution No. 47, providing for one session of the
House a day, was laid upon the table.
House Resolution No. 50, on Federal Relations, was laid upon
the table.
House Resolution No. 52, in relation to a Southern Convention,
was laid upon the table.
House Resolution No. 53, in relation to the fugitive slave law,
was laid upon the table.
House Resolution No. 53, fixing the day of adjournment, was
taken up.
Mr. Williamson moved to amend the resolution by striking out
" Monday, 28th instant," and insertiug Thursday the 31st instant.
Whereupon Mr. Martin moved to lay the resolution and amend-
ment upon the table.
The motion failed, a quorum not voting.
Yeas 19
Nays 39
Representatives voting in the affirmative are :
Messrs. Bayless, Bennett, Butler, Ewing, Farrelly, Hebb,vKen-
nedy, Lea, Martin, McCabe, Morris, Pickett, Sheid, Smith Trevitt,
White of Davidson, Whitmore, Williams of Hickman, and Mr.
Woods.
Those voting in the negative are :
Messrs. Armstrong, Baker of Perry, Baker of Weakley, Barks-
dale, Bicknell, Bledsoe, Brazelton, Butler, Davidson, Dudley
East, Farley, Frazier, Gantt, Gillespie, Greene, Harris, Havron,
Hurt, Ingram, Johnson, Kenner, Kincaid of Anderson, Lockhart,
Mayfield, Morphis, Nail, Norman, Porter, Richardson, Russell,
Senter, Shrewsbury, Sowell, Trewhitt, Vaughn, Williamson, Wood-
ard, and Mr. Speaker Whitthorne.
Mr. Dudley entered motion to reconsider the vote of the House
rejecting Senate resolution for the relief.of J. R. Gardner, tax col-
lector ot Obion county. 1
The following message was received from the Senate:
Mr. Speaker :
The Senate has passed on third reading House Bill, No. 8,
providing a remedy for the collection of debts ; and a motion to
reconsider having failed, the bill is herewith returned to the House
for enrolment.
On. motion of Mr. Williams of Hickman, the House then ad-
journed until Monday morning, 10 o'clock.
IT 6
MONDAY MORNING, JANUARY 28, 1861.
The House met pursuant to adjournment.
Mr. Speaker Whitthorne in the Chair.
Prayer by the Rev. Mr. Hendricks.
The Journal of Saturday was read and approved.
Mr. Trewhitt offered House Resolution, No. 68, as follows:
Resolved by the General Assembly of the State of Tennessee, That
the Senate and House Journal of the present session of this Gen-
eral Assembly be published and bound in one volume.
Which resolution, under the rule, lies over.
Mr. Trewhitt presented the following protest, which was order-
ed-to be spread upon the Journal:
In voting for those resolutions, I do so under protest against the
fifth section and all others fixing an ultimatum to the existence
and perpetuation of the United States under her present Constitu-
tion and administration of the federal laws. I am for compro-
mises and reconciliations of the two extremes, but am uncondi-
tionally opposed to any dismemberment of the Confederacy so
long as the Constitution of our fathers and the federal laws are
enforced.
Protest against the resolution electing delegates to a Southern
Convention:
In voting for the candidates for delegates, I $o so under a pro-
test, I believe that in taking such a course we are giving aid
and encouragement to disunion sentiment at the South, and un-
necessarily exciting power at the North, and that, as a member
of- this General Assembly, I have no power to act upon such mea-
sure in a legislative capacity, and fear the same is an usurpation
of power,
Mr. Armstrong presented a memorial from citizens of Sevier
county in relation to Federal Affairs; which was read and or-
dered to be transmitted to the Senate.
Mr. East offered House Resolution, No. 69, as follows:
Be it resolved, That the use of the Hall be tendered to the Hon.
Andrew A. Ewing to-night, for the purpose of addressing the
people.
Mr. Williams of Hickman moved to add, " and any of the other
candidates."
Mr. Harris moved to lay the resolution and amendment upon
the table; which motion failed.
Yeas 18
Nays 38
Representatives voting in the affirmative are:
Messrs, Baker of Perry, Bayless, Critz, Davidson, Doak, Harris,
ITT
Hurt, Ingram, Lea, Lockhart, Martin, Robert?, Sheid, Sovvell,
Trevitt, Wisener, Woodard, and Mr. Speaker YVhitthorne.
Those voting in the negative are:
Messrs. Armstrong, Barksdale, Bicknell, Bledsoe, Britton, Butler,
Caldwell, Cheatham, Davis, Dudley, East, Ewing, Farrelly, Fraz-
ier, Gillespie, Gorman, Greene, Hebb, Johnson, Kenner, Kennedy,
Kincaid of Anderson, Mayfield, McCabe, Morris, Morphis, Nor-
man, Pickett, Porter, Russell, Senter, Shrewsbury, Smith, Trew-
hitt, Vaughn, White of Davidson, Whitmore, and Mr. Williams
of Hickman.
The resolution was then adopted.
Yeas 43
Nays 12
Representatives voting in the affirmative are:
Messrs. Armstrong, Barksdals, Bayless, Bennett, Bickneli, Bled-
soe, Britton, Butler, Caldwell, Cheatham, Cowden, Critz, Davis,
Doak, Dudley, East, Ewing, Farley, Farrelly, Frazier, Gorman,
flebb, Hurt, Ingram, Mayfield, McCabe, Morris, Morphis, Nor-
man, Pickett, Porter, Sheid, Shrewsbury, Smith, Trewhitt, Vaughn,
White of Davidson, Whitmore, Williams'of Hickman, and Mr.
Speaker Whitthorne.
Those voting in the negative are:
Messrs. Baker of Perry, Davidson, Harris, Lea, Lockhart, Rob-
erts, Russell, Senter, Sowell, Trevitt, Wisener, and Mr. Woodard.
Mr. Lea introduced House Bill, No. 43, to repeal an act pre-
scribing the remedy for the collection of debts and relief of the
people, passed January 28, 1861 ; passed first reading.
Mr. White of Davidson, introduced House Bill, No. 44, to
amend and construe an act entitled An act prescribing the remedy
for the collection of debts and the relief of the people ; passed
first reading.
Mr. Porter introduced House Bill, No 45, for the relief of P.
Henneberry; which passed first reading, and was referred with
accompanying papers to a Special Committee on Banks.
On motion of Mr. Johnson, the rules were suspended, and
House Bill, No. 28, authorizing the sheriff of Hawkins county to
appoint two additional deputies, was taken up.
Mr. Farley offered an amendment, that the sheriff of Shelby
county be authorized to appoint two additional deputies ; which
was adopted.
Mr. Trewhitt offered the following amendment :
Be it further enacted, That the sheriff of Hamilton county be
authorized to appoint an additional deputy for said county; which
was adopted.
Mr. Cheatham offered the following amendment:
Be it further enacted, That the sheriff of Davidson county be
empowered to appoint one additional deputy ; which was adopted.
12 H
178
The bill as amended was then rejected.
Yeas 25
Nays 32
Representatives voting in the affirmative are :
Messrs. Barksdale, Bennett, Bicknell, Britton, Butler, Cheat-
ham, Critz, Farley, Farreily, Gillespie, Hebb, Johnson, Kenner,
Kincaid of Anderson, McCabe, Morris, Nail, Pickett, Russell, Senter,
Trevitt, Trewhitt, Vaughn, White of Davidson and Mr. Williams
of Hickman.
Those voting in the negative are :
Messrs. Armstrong, Baker of Perry, Bayless,Bledsoe, Caldwell,
Cowden, Davidson, Doak, East, Frazier, Gorman, Greene, Har-
ris, Hurt, Ingram, Kennedy, Lea, Lockhart, Martin, Mayfield,
Morphis, Norman, Porter, Roberts, Sheid, Shrewsbury, Smith,
Sowell, Whitmore, Wisener, Woodard and Mr. Speaker Whit-
thorne.
Mr. Bicknell obtained leave of absence for Mr. Richardson, on
account of sickness.
Mr. Lockhart obtained leave of absence for Mr. Baker of Weak-
ley until Thursday next.
Mr. Davis, from the Special Committee, reported on House
Bill, No. 30, to regulate the further management of the Bank of
Tennessee and Branches.
No. 23, to relieve the Banks and the citizens of the State.
No, 38, to abolish the offices of Bank Supervisor and Road
Commissioner ; and recommend their rejection.
Mr. Davis, from the same committee, recommended the passage
of Senate Bill, No. 4, to give the Banks further time to resume
specie payments, with the following amendments:
After the word same in eighth line, add the words, " and all
other Banks in operation and doing business at the time said
Bank Code was passed on 8th Feb., 1860, provided such Bank or
Banks shall accept of the provisions of said Bank Code, and
amendments thereto." And after the word others in the 19th line,
add the words, " and of their respective branches."
The following message was received from the Senate:
Mr. Speaker :
The Senate has adopted Senate Resolution, No. 20, to adjourn
sine die on Monday the 4th of February, and the same is here-
with transmitted for the action of the House of Representatives.
I am directed to transmit to the House of Representatives me-
morials from the Common Council of the city of Nashville, and
from a number of citizens, requesting the Legislature to entertain
no proposition to authorize the endorsement by the city of the
bonds of the Edgefield and Kentucky Railroad Company, and
the same are herewith transmitted.
179
On motion of Mr. Shrewsbury, the rules were suspended, and
Senate Resolution, No. 20, to adjourn sine die, was taken up.
Mr. Porter moved to strike out Monday, and insert Thursday
next; which motion failed.
The resolution of the Senate was then concurred in by the
House.
Senate Bill, No. 11, to incorporate the Southern Savings Insti-
tution of Memphis, was taken up.
Mr. Armstrong offered an amendment, incorporating the South-
ern Zinc Company ; which was adopted.
Mr. Johnson offered an amendment, incorporating the Greene-
ville Savings Institute ; which was adopted.
Mr. Lockhart offered an individual liability clause; which was
adopted.
The bill as amended was then rejected.
Yeas 6
Nays 49
Representatives voting in the affirmative are :
Messrs. Dudley, Johnson, Kincaid of Anderson, Trewhitt,
Vaughn and Mr. White of Davidson.
Those voting in the negative are :
Messrs. Armstrong, Baker of Perry, Barksdale, Bayless, Ben-
nett, Bicknell, Bledsoe; Britton, Butler, Caldwell, Cowden, Critz,
Davidson, Doak, Farley, Farrelly, Frazier, Gillespie, Gorman,
Greene, Harris, Hebb, Ingram, Kenner, Kennedy, Lea, Lockhart,
Martin, Mayfield, McCabe, Morris, Morphis, Nail, Norman, Pickett,
Porter, Roberts, Russell, Senter, Sheid, Shrewsbury, Smith, So well,
Trevitt, Whitmore, Williams of Hickman, Wisener, Woodard and
Mr. Speaker Whitthorne.
Senate Bill No. 7, to incorporate the Memphis Light Dragoon
Company, was taken up.
Mr. Farrelly offered an amendment incorporating the Western
Foundry and Machine Shop, at Memphis;
Which was adopted, and the bill passed second reading.
Senate Bill No. 17, for the relief of tax payers.
Passed second reading.
Senate Bill No. 6, to amend the conventional interest law, was
taken up.
Pending the discussion of which, on motion, the House ad-
journed until 2 o'clock P. M.
180
AFTERNOON SESSION.
Mr. Johnson demanded a call of the House, which was ordered,
and the following Representatives failed to respond, viz:
Messrs. Armstrong, Baker of Perry, Baker of Weakley, Beatty,
Brazelton, Cheatham, Davis, Dudley, Farle}r, Ford, Guy, Havron,
Hurt, Jones, Kennedy, Kincaid of Anderson, Richardson, Trewhitt,
White of Davdison, White of Dickson, Whitmore, Williams of
Franklin, Williams of Knox, Williamson and Mr. Woods.
Messrs. Dudley, Farley and Hurt appeared before the roll was
read.
Mr. Gillespie obtained leave of absence for Mr. Brazelton, on
account of sickness.
Mr. Caldwell obtained leave of absence for Mr. Jones.
Mr Greene obtained leave of absence for Mr. Havron till to-
morrow.
Mr. Doak obtained leave of absence for Mr. Woods.
Mr. Gorman obtained leave of absence for Mr. Williamson.
The House resumed consideration of the unfinished business—
being Senate Bill No. 6, to amend the conventional interest act.
Mr. Bicknell moved to postpone the bill indefinitely; which
motion failed.
Yeas '22
Nays 30
Representatives voting in the affirmative are :
Messrs. Bennett, Bicknell. Bledsoe Butler, Caldwell, Critz, East,
Gillespie, Gorman, Greene, Harris, Johnson, Kenner, Mayfield,
Morris, Norman, Russell, Senter, Trevilt, Vaughn, Woodard and
.Mr. Speaker Whitthorne.
Those voting in the negative are:
Messrs. Barksdale, Bayless, Cowden, Davidson, Doak, Dudley,
Ewing, Farley, Farrelly, Frazier, Gantt, Hebb, Hurt, Ingram, Lea,
Lockhart, Martin, McCabe, Morphis, Nail, Pickett, Porter, Bob-
.erts, Sheid, Shrewsbury, Smith, Sowell, White of Davidson, Wil-
iiams of Hickman and Mr. Wisener.
Mr. Britton paired off with Mr. Baker of Weakley.
Mr. Farrelly offered the following amendment:
That from and after the passage of this act, it shall be lawful
for parties to contract for any rate of interest; Provided, the same
is in writing, and when not written, the uniform rate of 6 per cent,
-only shall be collected.
Which was rejected.
Yeas t • • • ] 5
Nays 39
181
Representatives voting in the affirmative are :
Messrs. Bledsoe, Critz, Davidson, Doak. Farley, Farrelly, Fra-
zier, Hurt, Ingram, Lea, Norman, Senter, Shrewsbury, White of
Davidson and Mr. Woodard.
Those voting in the negative are :
Messrs. Armstrong, Barksdale, Bayless, Bennett, Bicknell, But-
ler, Caldwell, Cowden, Dudley, East. Ewing, Gantt, - Gillespie,
Gorman, Greene, Hebb, Johnson, Kenner, Lockhart, Martm,
Maytield, McCabe, Morris, Morphis, Nail, Pickett, Porter, Roberts,
Russell, Sheid, Smith, Sowell, Trevitt, Trewhitt, Vaughn, Wil-
hams of Hickman, Wisener and Mr. Speaker Whitthorne.
The bill then passed second reading.
Yeas 29
Nays 26
Representatives voting in the affirmative are:
Messrs. Baker of Perry, Bayless, Cowden, Davidson, Doak, Dud-
ley, Ewing, Farley, Farrelly, Frazier, Gantt, Hebb, Hurt, Ingram,
Lea, Lockhart, Martin, McCabe, Morphis, Nail Pickett, Roberts,
Sheid, Shrewsbury, Smith, Sowell, White of Davidson, Williams
of Hickman and Mr. Wisener.
Those voting in the negative are:
Messrs, Armstrong, Barksdale, Bennett, Bicknell, Bledsoe, But-
ler, Caldwell, Critz, East, Gillespie, Gorman, Greene, Harris,
Johnson, Kenner, Kennedy, Kincaidof Anderson, Mayfieid, Morris,
Norman, Russell, Center, Trewhitt, Vaughn, Woodard and Mr.
Speaker Whitthorne.
Mr Porter had paired off with Mr. Brazelton.
Senate Bill No. 14, to encourage foreign importations, was ta-
ken up. The bill was rejected.
A motion to reconsider the vote rejecting the bill then prevailed,
when,
On motion of Mr. Greene, the bill was indefinitely postponed.
Yeas • • • . • 31
Nays 28
Representatives voting in the affirmative are:
Messrs. Armstrong, Bicknell, Bledsoe, Britton, Bujtler, Caldwell,
Davis, Dudley, East, Ewing, Gillespie, Gorman, Greene, Hebb,
Johnson, Kenner, Kincaid of Anderson, Martin, Mayfieid, McCabe,
Morris, Morphis, Norman, Russell, Senter, Shrewsbury, Trevitt,
Trewhitt, White of Davidson, Wisener and Mr. Woodard.
Those voting in the negative are :
Messrs. Baker of Perry, Barksdale, Bayless, Bennett, Cowden,
Critz, Davidson, Doak, Farley, Farrelly, Frazier, Gantt, Harris,
Hurt, Ingram, Kennedy, Lea, Lockhart, Nail, Pickett, Porter, Rob-
erts, Sheid, Smith, Sowell, Vaughn, Williams of Hickman and Mr.
Speaker Whitthorne.
182
Senate Bill No. 15, for the relief of parties who appeal from an
inferior to a superior court, was taken up.
Mr. Farrelly offered the following amendment:
Be it further enacted, That an act entitled an act prescribing a
remedy for the collection of debts, and relief of the people, passed
28th January, 1861, be, and the same is hereby repealed.
On motion of Mr. Hurt, the bill was laid upon the table.
Yeas 34
Nays 22
Representatives voting in the affirmative are:
Messrs. Baker of Perry, Barksdale, Bayless, Bicknell, Bledsoe,
Butler, Caldwell, Cowden, Critz, Doak, Dudley, East, Lwing, Fra-
zier, Gantt, Gillespie, Harris, Hebb, Kincaid of Anderson, Lock-
hart, Martin, Mayfield, McCabe, Morris, Nail, Norman, Pickett,
Roberts, Senter, Sheid, Smith, Sowell, Trevitt and Mr. Wisener.
Those voting in the negative are:
Messrs. Armstrong, Davidson, Davis, Farley, Farrelly, Gorman,
Greene, Hurt, Ingram, Johnson, Kenner, Kennedy, Lea, Morphis,
Porter, Russell, Shrewsbury, Vaughn, White of Davidson, Wil-
liams of Hickman, Woodard and Mr. Speaker Whitthorne.
The following message was received from the Senate:
Mr. Speaker:
The Senate has adopted Senate Resolution, No. 26, directory
to the Commissioners recently elected by the General Assembly,
and the same is herewith transmitted for the action of the House
of Representatives.
I am directed by the Senate to transmit to the House of Rep-
resentatives a special message from His Excellency, the Governor.
The House took up Senate Bill, No. 10, for the relief of Rail-
road Companies and Receivers.
Mr. Whitthorne, (Mr. Lea in the Chair) offered the following
amendment:
Be it further enacted, That it shall not be lawful for any per-
son who may be appointed Keceiver under the Internal Improve-
ment laws of this State, to hold any other office in connection
with the road of which he may be appointed Receiver.
Be it -further enacted, That whenever, by default of any Road
Company, it shall be necessary to appoint a Receiver, then it
shall be the duty of the Governor at the same time to appoint a
Superintendent of said road, who shall give bond in such amount
as may be required for the protection of the State. Said Super-
intendent shall make all reports to the Receiver.
Which amendment was adopted.
Mr. White of Davidson offered an amendment to consolidate
the Edgefield and Kentucky and the Nashville and Henderson
Railroad Companies, and to authorize the city of Nashville to en-
183
dorse their bonds, and to provide for the management, etc., of
said consolidated roads.
Mr. East moved to lay the amendment of Mr. White upon the
table; which motion prevailed.
Yeas 31
Nays 23
Representatives voting in the affirmative are :
Messrs. Baker of Perry, Bicknell, Bledsoe, Britton, Caldwell,
Cowden, Critz, Davidson, Davis, East, Ewing, Farley, Farrelly,
Greene, Hebb, Hurt, Ingram, Johnson, Kenner, Kincaid of An-
derson, Martin, McCabe, Morphis, Pickett, Porter, Roberts, Sen-
ter, Sheid, Sowed, Williams of Hickman, and Mr. Wisener.
Those voting in the negative are:
Messrs. Barksdale, Bayless, Doak, Frazier, Gantt, Gillespie,
Gorman, Harris, Kennedy, Lea, Lockhart, Mayfield, Morris, Nail,
Russell, Shrewsbury, Smith, Trevitt, Trewhitt, Vaughn, White of
Davidson, Woodard, and Mr. Speaker Whitthorne.
Mr. Porter, by leave of the House, withdrew House Bill, No.
45, for the relief of J. Henneberry, and offered it as an amend-
ment to the bill; which was adopted.
Mr. Norman offered the following amendment:
Be it it further enacted by the Qeneral Assembly of the State of
Tennessee, That the whole of the proviso to the 6th section of an
act passed 22d March, 1860, entitled an act to enable the Nash-
ville and Northwestern Railroad Company to unite with or lease
the Mississippi Central Railroad, and for other purposes, be, and
the same is hereby repealed; and that the remainder of said sec-
tion of said act be% and remain in full force.
Whereupon, Mr. Gantt demanded the previous question ; which
was sustained.
Yeas 31
Nays 24
Representatives voting in the affirmative are :
Messrs. Barksdale, Bicknell, Britton, Caldwell, Cowden, Critz,
Doak. Dudley, Ewing, Frazier, Gantt, Harris, Hebb, Ingram,
Kenner, Kennedy, Kincaid of Anderson, Lea, Mayfield, Mor-
phis, Nail, Roberts, Sheid, Shrewsbury, Trevitt, Vaughn, Williams
of Hickman, Wisener, and Mr. Speaker Whitthorne.
Those voting in the negative are:
Messrs. Armstrong, Baker of Perry, Bledsoe, Butler, Davidson,
East, Farley, Farrelly, Gillespie, Gorman, Hurt, Johnson, Lock-
hart, Martin, McCabe, Morris, Norman, Pickett, Porter, Russell,
Senter, Trewhitt, White of Davidson, and Mr, Woodard.
The bill then passed its third reading.
Yeas • • *34
Nays 20
184
Representatives voting in the affirmative are :
Messrs. Armstrong, Bayless, Bicknell, Britten, Butler, Caldwell,
Cowden, Critz, Dudley, East, Ewing, Farreliy, Frazier, Gantt,
Gillespie, Gorman, Hebb, Hurt, Kenner, Kennedy, Kincaid of An-
derson. Lea, Lockhart, Mayfield, McCabe, Mall, Porter, Senter,
Sheid, Trevitt, Trewhitt, Vaughn, White of Davidson, and Mr.
Speaker Whitthorne.
Those voting in the negative are :
Messrs. Baker of Perry, Barksdale, Bledsoe, Davidson, Davis,
Doak, Farley, Ingram, Martin, Morris, Morphis, Norman, Rob-
erts, Russell, Shrewsbury, Smith, Sovvell, Williams of Hickman,
Wisener, and Mr, Woodard.
The bill was ordered to be transmitted to the Senate.
On motion of Mr. Trewhitt, the House adjourned until to-mor-
row morning, 9 o'clock.
TUESDAY MORNING, JANUARY 29, 1861.
The House met pursuant to adjournment.
Mr. Speaker Whitthorne in the Chair.
The Journal.of yesterday was read and approved.
Mr. Senter presented the following protest, which was directed
to be spread upon the Journal:
Mr Speaker : In availing myself of the privilege granted by
the Constitution to members of this body, to protest against the
passage of any bill, resolution, or other act which may pass this
House, I must say that I do so in no factious spirit, or with any
inclination to reflect upon any act of this body; but I do so
simply, sir. to express my disapprobation of the passage of a reso-
lution calling a Convention of both branches of this General As-
sembly for the purpose of electing delegates to a Southern Con-
vention. Sir, I believe the passage of such resolutions and elec-
tion of such delegates, if demanded by the times, belonged prop-
erly to a Convention called by the people for that purpose ; and
further, sir, I do not believe that this Legislature, in a legislative
capacity, had any authority for such action. These being my
views, 1 enter this as my protest against the passage of the reso-
lution, and that I shall neither consider myself or my constitu-
ents bound by any act of delegates so elected, that shall in any
manner affect our relations as a State to the Federal Union.
185
Mr. Kincaid of Anderson sent Yp a protest, which was read
and directed to be spread upon the Journals :
I protest against the passage of said resolutions (providing for
the election of delegates to a Convention of the slaveholding
States) and election of delegates, because I believe that such ac-
tion, on the part of this Assembly, is without the scope and
powers of the present session of the Legislature, and the result
will be fraught with dangerous consequences to the perpetuity of
the American Government and the institutions of our fathers, and
will be unnecessarily giving aid to the secession States of the
South, and widening the breach existing now between the North
and South.
On motion of Mr. Nail, the rules were suspended, and Senate
Resolution No. 22, for the relief of Jas. R. Gardner, was taken up.
The motion to reconsider prevailed; whereupon Mr. Nail offer-
ed the following in lieu of the resolution :
Be it resolved by the General Assembly of the State of Tennessee,
That the Bank^of Tennessee pay fifty dollars to James R. Gard-
ener, revenue collector for Obion county, lor the year 1859, when
he makes satisfactory proof that the same was lost by him by
being blown into the fire, and that the same was bills on the
Bank of Tennessee.
Which was agreed to, and the resolution was adopted.
Yeas 30
Nays ......24
Representatives voting in the affirmative are:
Messrs. Baker of Perry, Barksdale, Bavless, Bicknell, Cowden,
Davidson, Davis, East, Farrelly, Ford, Frazier, Harris, Ingram,
Kincaid of Anderson, Lea, Lockhart, McCabe, Morris, Nail, Pick-
ett, Senter, Smith, Sowell, Trevitt, Trewhitt, Vaughn, White of
Davidson, WilliamS of Franklin, Williams of Hickman, and Mr.
Speaker Whitthorne.
Those voting in the negative are :
Messrs. Armstrong, Butler, Doak, Dudley, Farley, Gillespie,
Gorman, Greene, Havron, Hurt, Johnson, Kenner, Mavtieui.
Morphis, Norman, Porter, Richardson, Roberts, Russell Shrews-,
bury, Williamson, Wisener, Woods, and Mr. Woodard.
Mr. Morphis moved to postpone the special order to take up
Senate message with reference to sending delegates to Washing-
ton City; which motion failed.
Mr. Cowden obtained leave of absence for Mr. Kennedy for the
balance of this session, in consequence of sicknes.
The special order being Senate Bill No. 4, to give the banks
further time to resume specie payments, was taken up, the ques-
tion being upon the amendment heretofore offered by Mr. Trewhitt.
Mr. Gantt offered the following amendment in lieu of the first
provision of Mr Trewhitt's amendment:
186
Be it further enacted, That the provisions of this act shall ex-
tend to all banks that have heretofore conformed their action to
the bank Code, or will do so, on the passage of this act: Pro-
vided, That the bonds of the free banks be taken at market value
as specie funds ; which was adopted.
The last proposition of Mr. Trewhitt's amendment was then
adopted.
Mr. Brazelton moved to reconsider the vote adopting Mr.
Gantt's amendment; which motion failed.
Mr. Wisener offered the following amendment:
Strike out all after the word " same," in the fourth line to the
proviso in the eighth line, and insert, "shall be released from the
penalties imposed by said act for the non-payment of specie prior
to the first day of September, 1862, but that said penalties shall
be in full force from and after the said first day of September,
1862, for the non payment of specie from and after that time.
Strike out first of July, wherever it occurs in the bill, and in-
sert first of September.
Amend the caption of the bill thus:
A bill to enable the banks to accommodate the people; which
amendments were severally adopted.
Mr. Vaughn offered the following amendment:
Sec. —. Be it further enacted, That the Union and Planters'
Banks shall set apart to each of their branches, at which they now
have offices of discount and deposit, the amount of capital here-
inafter designated, and the officers of the branches respectively
shall have the same powers and authority in reference to the
management of the branches, that are now by law conferred upon
the officers and directors of the branches of the State Bank. The
Union Bank, out of its capital, shall set apart and appropriate to
the office at Knoxville $150,000, (one hundred and fifty thousand
dollars,) to the office at Chattanooga $150,000, to the office at
Jackson $150,000, to the office at Memphis $300,000. The Plan-
ters' Bank, out of its capital, shall set apart and appropriate to the
office at Athens $200,000 to the office at Pulaski, $100,000, to the
office at Clarksville, $150,000, to the office at Franklin $100,000,
and to the office at Memphis $300,000, and to the office at Mur-
freesboro' $100,000; all of which capital so set apart and appro-
priated shall be regarded and held in like manner as the capital
of the branches of the State Bank is regarded and held, so as
that it may be used for the purpose of discounting notes and bills
offered by the inhabitants of the sections of the State in which
the branches are respectively located, and for furnishing exchange
only to the people of those sections, so far as the branches may,
by their business, create the same.
Be it further enacted, That the provisions of this act, hereby
legalizing the suspension of the Union, Planter's, State, Middle
Tennessee and Shelbyville Banks, and the Banks which were in-
187
corporated and in operation prior to the passage of the act passed
February 8, 1860 ; and also regulating the penalties incurred by
such suspension, shall not be Applicable to the Union and Plan-
ters' Banks, unless they shall immediately comply with the fore-
going section, and within twenty days after the passage of this
act, notify the Supervisor of Banks of such compliance.
Mr. Farrelly moved to lay the amendment of Mr. Vaughn upon
the table ; which motion failed.
Yeas .28
Nays 32
Representatives voting in the affirmative are :
Messrs. Bayless, Caldwell, CrKz, Davis, Dudley, East, Ewing,
Farley, Farrelly, Ford, Frazier, Gantt, Hebb, Hurt, Ingram, Lea,
Lockhart, Martin, Norman, Porter, Richardson, Sheid, Shrews-
bury, White of Davidson, Whitfnore, Williams of Hickman, Wil-
liamson and Mr. Woods.
Those voting in the negative are:
Messrs. Armstrong, Barksdale, Bicknell, Brazelton, Britton, But-
ler, Cowden, Doak, Gillespie, Gorman, Greene, Harris, Havron,
Johnson, Kenner, Kincaid of Anderson, Mayfield, McCabe, Mor-
ris, Morphis, Roberts, Russell, Senter, Smith, Sowell, Trevitt,
Trewhitt, Vaughn, Williams of Franklin, Wisener, Woodard and
Mr. Speaker Whitthorne.
Mr. Baker of Perry had paired off with Mr. Cheatham.
Mr. Caldwell offered the following amendment in lieu of Mr.
Vaughn's:
Be it further enacted, That in order to more effectually relieve
the. people of all sections of the State from their present pecu-
niary distress, the Bank of Tennessee is directed, and Union and
Planters' Banks respectfully requested, in extending their line of
discounts, to equalize the accommodation to all sections, as near
as may be, in proportion to the population of the different bank-
ing districts in the State.
The amendment in lieu of Mr. Vaughn's, was then adopted.
Yeas 42
Nays 20
Representatives voting in the affirmative are :
Messrs. Bayless, Bicknell, Britton, Caldwell, Cowden, Critz, Da-
vidson, Davis, Doak, Dudley, East, Ewing, Farley, Farrelly, Ford,
Frazier, Gantt, Gorman, Hebb, Hurt, Ingram, Johnson, Kenner,
Kincaid of Anderson, Lea, Lockhart, Mayfield, Morphis, Pickett,
Porter, Richardson, Roberts, Russell, Sheid, Shrewsbury, Trevitt,
White of Davidson, Whitmore, Williams of Franklin, Williamsof
Hickman, Wisener and Mr. Woods.
Those voting in the negative are :
Messrs. Armstrong, Barksdale, Brazelton, Butler, Gillespie,
188
Greene, Harris, Ilavron, Martin, McCabe, Morris, Nail, Senter,
Smith, Sowell, Trewhitt, Vaughn, Woodard and Mr. Speaker
"VVhitthorne.
Mr. Russell offered the following amendment:
Be it further enacted, That the Bank of Tennessee be, and
the same is hereby authorized to strike one million of dollars in
post notes or bills, due eighteen months from the first day of
March, 1861, and s.hall distribute the same among the several
branches thereof according to the population of each branch dis-
trict, to be loaned by said Branches to borrowers, in sums not
larger than one thousand, nor less than fifty dollars, to any one in-
divi ;uai, firm, or partnership, on a credit of at least twelve months,
to be collected back in calls of one-fifth every six months, with
lawful interest from the date of the loan. Provided, That al-
ways on the payment of each call the debtor may be at the op-
tion of the respective boards, required to give new security for the
remainder of the debt thus renewed.
Be it further enacted, That this act shall take effect from and
after the date of its passage, and the said Bank may proceed im-
mediately.
Mr. Ewing offered the following amendment to the amendment
of. Mr. Russell:
Be it further enacted, That said post notes directed by this act
to be issued, be, and the same are hereby declared a legal tender
of all moneys due to the State or county, if the Banks make the
issue.
The amendment was accepted.
On motion of Mr. Hebb, the amendment of Mr. Russell was
laid upon the table.
Yeas 32
Nays 26
Representatives voting in the affirmative are:
Messrs. Armstrong, Bicknell, Brazelton, Critz, Davis, Dudley,
Farley, Farrelly, Ford, Frazier, Gantt, Greene, Harris, Hebb,
Ingram, Johnson, Lea, Lockhart, Martin, Mayfield, Morphis, NaJl,
Porter, Richardson, Roberts, Sheid, Shrewsbury, Soweli, Trevitt,
"White of Davidson, Whitmore and Mr. Wisener.
Those voting in the negative are:
Messrs. Bayless, Barksdale, Bntton, Butler, Cowden, Davidson,
Doak, Ewing, Gillespie, Gorman, Havron, Hurt,Kenner, McCabe,
Morris, Norman, Pickett, Russell, Senter, Smith,Trewhitt, V^aughn,
Williams of Franklin, Williams ,of Hickman, Woodard and Mr.
Speaker Whitthorne.
Mr. Farrelly offered the following amendment:
Be it further enacted, That when any Branch of the Bank of
Tennessee is making eight per cent, net, the board of directors
189
may, at their discretion, pay the President an amount not exceed-
ing $2,000 per annum,
Which, on motion of Mr. Russell, was laid upon the table.
Yeas 51
Nays 12
Representatives voting in the affirmative are :
Messrs. Armstrong, Barksdale, Bayless, Bennett, Brazelton,
Britton, Butler, Caldwell, Cowden, Critz, Davidson, Davis, Dudley,
East, Ewing, Ford, Frazier, Gillespie, Gorman, Greene, Ilavron,
Hebb, Johnson, Kenner, Kincaid of Anderson, Lockhart, Martin,
Mayfield, Morris, Morphis, Nail, Norman, Pickett, Richardson,
Roberts, Russell, Senter, Sheid, Shrewsbury, Smith, Sowell, Tre-
vitt,Trewhitt, Vaughn, White of Davidson, Williams of Franklin,
Williams of Hickman, Williamson, Wisener and Mr. Woodard.
Those voting in the negative are:
Messrs. Doak, Farley, Farrelly, Gantt, Harris, Hurt, Ingram,
Lea, McCabe, Porter, Whitmore and Mr. Speaker Whitthorne.
Mr. Woodard offered the following amendment:
Add after the words " each other," in the 10th line—
Provided further, That said Banks, while in a state of suspen-
sion, shall take the notes of each other in payment of debts due
them.
Which was rejected.
Yeas 21
Nays 41
Representatives voting in the affirmative are :
Messrs. Armstrong, Barksdale, Bennett, Bicknell, Brazelton,
Britton, Butler, Cowden, Critz, Doak, Frazier, Gillespie, Gorman,
Ilavron, Johnson, Morphis, Senter, Trevitt, Trewhitt, Vaughn and
Mr. Woodard.
Those voting in the negative are :
Messrs. Bayless, Caldwell, Davidson, Davis, Dudley, East,
Ewing, Farley, Farrelly, Ford, Gantt, Harris, Hebb, Hurt, Ingram,
Kenner, Kincaid of Anderson, Lea, Lockhart, Martin, Mayfield,
McCabe, Morris, Nail, Norman, Porter, Richardson, Roberts, Rus-
sell, Sheid, Shrewsbury, Smith, Sowell, White of Davidson, Whit-
more, Williams of Franklin, Williams of Hickman, Williamson,
Wisener, Woods and Mr. Speaker Whitthorne.
Mr. Doak offered the following amendment:
Be it further enacted, That the people have the same right to
suspend specie payment that the banks have, and that no creditor
shall be allowed to demand or exact specie from any debtor in
this State during the time the bfinks are allowed to remain in a
state of suspension, and that this shall be entered on the back of
every execution that may be issued by any justice of the peace or
clerk of any court in this State.
190
On motion of Mr. Dudley, the amendment of Mr. Doak was
laid upon the table.
Representatives voting in the affirmative are:
Messrs. Barksdale, Ba.yless, Caldwell, Davidson, Davis, Dudley,
East, Ewing, Farley, Farrelly, Frazier, Gantt, Gorman, Harris,
Hebb, Hurt, Kenner, Kincaid of Anderson, Lea, Lockhart, Mar-
tin, Morris, Morphis, Nail, Norman, Porter, Richardson, Roberts,
Sheid, Shrewsbury, Trevitt, White of Davidson, Whitmore, Wil-
liams of Hickman, Williamson, Woods, and Mr. Speaker Whit-
thorne.
Those voting in the negative are :
Messrs. Baker of Perry, Bennett, Bicknell, Brazelton, Butler,
Covvden, Critz, Doak, Ford, Gillespie, Havron, Ingram, Johnson,
Mayfield, McCabe, Senter, Smith, Sowell, Trewhitt, Vaughn, Wil-
liams of Franklin, Wisener and Mr. Woodard.
The following message was received from the Senate:
Mr. Speaker :
The Senate has passed on third reading, Senate Bill, No. 9,
to enable the State of Tennessee to repel invasion and suppress
insurrection, and Senate Bill No. 12, for the relief of Justices of
the Peace, and the same are herewith transmitted for the action
of the House of Representatives.
I am directed by the Senate to transmit two petitions from the
citizens of Nashville, praying the Legislature to pass no law au-
thorizing the said city to endorse the bonds of the Edgefield and
Kentucky Railroad, and the same are herewith transmitted.
The Speaker of the Senate has signed enrolled act prescribing
the remedy for the collection of debts and relief of the people,
and the same has been deposited in the office of the Secretary of
State.
Mr. Gantt offered the following amendment:
Be it further*enacted, That the remedy by motion against offi-
cers for the non-return or insufficient return of executions, be so
modified that judgments shall be only for the principal and inte-
rest at the rate of six per cent, per annum, and costs of suit, and
that the officer shall have the benefit of staying such judgment in
the same manner that other judgments are stayed; and that the
remedy shall not lie in any case where the remedy could not have
been made out of the debtor, or where the officer has made a
bona jide effort to collect the ftioney specified in the execution.
But this section shall cease to be operative on the 1st day of July,
1862. This section shall not apply to cases where the officer has
collected the money.
Yeas
Nays,
,37
23
191
Mr. East offered the following amendment in lieu of Mr. Gantt's :
Be it further enacted, That no defendant in an execution or
other process, shall take the benefit of an act passed the 26th day
of January, 1861, entitled, an act for the relief of the people,
where the sheriff, constable, or other collecting officer has made
himself responsible for the money.
Pending the consideration of which, on motion of Mr. Bennett,
the House-adjourned until 2 o'clock, P.M.
AFTERNOON SESSION.
Mr. Baker of Perry, from the Committee on Enrolled Bills, re-
ported as follows:
The Committee on Enrolled Bills have examined House Bill No.
8, and find it correctly enrolled ; also House Bill No. 20, and find
it correctly engrossed.
Respectfully,
W. N. BAKER, Chairman, pro tern.
Mr. Brazelton entered a motion to re-consider Mr. Pickett's
Resolution, No. 53, rejected on Saturday.
Mr. Johnson demanded a call of the Plouse; which was had,
and the following gentlemen failed to respond to the call, viz:
Messrs. Baker of Weakley, Beatty, Bledsoe, Cheatham, Ford,
Gantt, Guy, Harris, Havron, Hurt, Jones, Kennedy, Kincaid of
Anderson, Mayfield, Morris, Pickett, Richardson, Shrewsbury,
Trevitt, White of Dickson, Whitmore, Williams of Knox, Wil-
liamson, and Mr. Woods—24.
On motion, further proceedings under the call were dispensed
with.
The House resumed consideration of unfinished business, being
Senate Bill, No. 4—the question being on the adoption of Mr.
East's amendment in lieu of Mr. Gantt's.
By leave of the House, Mr. Sheid withdrew Mr. Gantt's amend-
ment.
Mr. Woodard offered the following amendment:
Strike out the following words: Provided, also, that said banks
may pay out the notes of each other.
Mr. Farrelly moved to lay the amendment on the table; which
motion failed.
192
Yeas-
i\ ays
19
32
Representatives voting in the affirmative are :
Messrs Bicknell, Caldwell, Davis, Dudley, East, Ewing, Far-
relly, Ford, Ingram, Martin, McCabe, Morris, Morphis, Norman,
Porter, Russell, Senter, Trewhitt, and Mr. Wisener.
Those voting in the negative are :
Messrs. Armstrong, Baker of Perry, Barksdale, Bennett, Braz-
elton, Brilton, Butler, Cowden, Criz, Davidson, Doak, Farley,
Frazier, Gillespie, Gorman, Greene, Hebb, Johnson, Keener, Lea,
Lock hart, Nail, Roberts, Sheid. Smith, Sowell, Vaughn, White of
Davidson, Williams of Franklin, Williams of Hickman, Woodard,
and Mr. Speaker Whitthorne.
The amendment was then rejected.'
Representatives voting in the affirmative are :
Messrs. Barksdale, Brazelton, Butler, Doak, Ford, Frazier,
Hebb, Ingram, Johnson, Lockhart, Mayfhld, Roberts, Senter,
Sowell, Williams of Hickman, Woodard, and Mr. Speaker Whit-
thorne.
Those voting in the negative are:
Messrs. Armstrong, Bayless, Bennett, Bicknell, Britton, Cald-
well, Cowden, Critz, Davidson, Davis, Dudley, East, Ewing, Far-
ley, Farrelly, Gantt, Gillespie, Gorman, Greene, Harris, Havron,
Kenner, Kincaid of Anderson, Lea, Martin, McCabe, Morris,
Morphis, Nail, Norman, Porter, Russell, Sheid, Shrewsbury,
Smith, Trewhitt, Vaughn, White of Davidson, Williams of Frank-
lin, Williamson, Wisener, and Mr. Woods.
Mr. Bicknell offered the following amendment:
Amend 2d section by adding: Provided said banks commence
immediately and pursue a line of liberal discounts on regular
notes, to be curtailed every four months, with the usual call and
interest; and upon failure to comply writh this section, it shall be
the duty of the proper officer of the State to proceed against
said banks in accordance with the law in such case provided.
Mr. Hebb demanded the previous question; which demand was
not sustained.
Y eas 19
Nays 40
Representatives voting in the affirmative are:
Messrs. Caldwell, Dudley, East, Ewing, Farley, Farrelly, Ford,
Harris, Hebb, Ingram, Kennedy, Lea, Martin, Morphis, Porter,
Shrewsbury, Williams of Hickman, Williamson, and Mr. Wisener.
Those voting in the negative are :
Messrs. Armstrong, Barksdale, Bayless, Bennett, Bicknell, Braz-
Yea'
17
42
Nays
193
elton, Britton, Butler, Cowden, Critz, Davidson, Davis, Doak,
Frazier, Gantt, Gillespie, Gorman, Greene, Havron, Johnson,
Kincaid of Anderson, Lockhart, Mayfield, McCabe, Morris, Nail,
Norman, Roberts, Russell, Senter, Sheid, Smith,, Sowell, Trewhitt,
Vaughn, White of Davidson, Williams of Franklin, Woods,
Woodard, and Mr. Speaker Whitthorne.
Mr. Hebb offered the following amendment to Mr. BicknelPs
amendment:
Provided, Endorsers are acceptable to the banks, and they have
a guarantee that the notes will be met at maturity.
Which amendment, on motion of Mr. McCabe, was laid upon
the table.
Mr. Vaughn offered to amend Mr. Bicknell's amendment as
follows: After the word " banks," insert "branches;" which was
accepted.
Mr. Bicknell's amendment was then adopted.
Yeas 35
Nays 27
Representatives voting in the affirmative are:
Messrs. Armstrong, Barksdale, Bayless, Bennett, Bicknell, Braz-
elton, Britton, Butler, Cowden, Critz, Davidson, Doak, Frazier,
Gillespie, Gorman, Greene, Havron, Johnson, Kenner, Kincaid
of Anderson, Mayfield, McCabe, Richardson, Russell, Senter,
Sheid, Smith, Sowell, Trevitt, Trewhitt, Vaughn, Williams of
Franklin, Wisener, Woods, and Mr. Woodard.
Those voting in the negative are :
Messrs. Caldwell, Davis, Dudley, East, Ewing, Farley, Farrelly,
Ford, Gantt, Harris, Hebb, Hurt, Ingram, Lea, Lockhart, Mar-
tin, Morris, Morphi3, Nail, Norman, Pickett, Porter, Roberts,
Shrewsbury, White of Davidson, Williams of Hickman, William-
son, and Mr. Speaker Whitthorne.
Mr. Brazelton offered the following amendment:
Be it further enacted, That the provisions of this act shall apply
to all banks in this State, who paid specie on their notes up to
the present suspension.
Which amendment was rejected.
•Yeas , .25
Nays 34
Representatives voting in the affirmative are :
Messrs. Armstrong, Bicknell, Brazelton, Britton, Butler, Cald-
well, Cowden, Critz, Frazier, Gillespie, Gorman, Havron, Johnson,
Kenner, Kincaid of Anderson, McCabe, Morphis, Norman, Rich-
ardson, RusWH, Trevitt, Trewhitt, Vaughn, Williamson, and Mr.
Woodard.
Those voting in the negative are :
Messrs. Barksdale, Bennett, Dayidson, Doak, Davis, Dudley,
13 H
194
East, Ewing, Farley, Farrelly, Ford, Gantt, Harris, ITebb, Hurt,
Ingram, Lea, Lockhart, Martin, Mayfield, Nail, Porter, Roberts,
Senter, Sheid, Shrewsbury, Smith, Sowell, White of Davidson,
Williams of Franklin, Williams of Hickman, Wisener, Woods,
and Mr. Speaker Whitthorne.
Mr. Bennett offered the following amendment:
Be it further enacted, That the President and Directors of the
Bank of Tennessee and Branches, be directed hereafter to regu-
late their discounts of promissory notes according to the popula-
tion of the counties embraced in the respective bank districts.
Sec. 2. Beit further enacted, That the Banks aforesaid, be di-
rected to discount upon four months time, and on the maturity of
the paper, to call not more than twenty-five per cent, of the same,
and in like manner to renew, subject to calls at intervals of three
months, until the extinguishment of the liability, provided the
paper remains solvetit.
Sec. 3. Be it further enacted, That the penalties incurred by
the suspension of the Union and Planters' Banks are not released
by this act, unless said Banks comply with the foregoing sections,
as is required of the State Bank ; which amendment was rejected.
Yeas 21
Nays 36
Representatives voting in the affirmative are:
Messrs. Barksdale, Bayless, Bennett, Bicknell, Brazelton, Brit-
ton, Builer, Critz, Davidson, Frazier, Johnson, McCabe, Morris,
Senter, Sheid, Sowell, Trevitt, Trewhitt, Vaughn, Williams of
Franklin and Mr. Woodard.
Those voting in the negative are :
Messrs. Armstrong, Caldwell, Cowden, Davis, Doak, Dudley,
East, Ewing, Farley, Farrelly, Ford, Gantt, Gorman, Greene,
Hebb, Hurt, Ingram, Kenner, Kincaid of Anderson, Lea, Lock-
hart, Martin, Mayfield, Morphis-, Nail, Norman, Porter, Richard-
son, Roberts, Shrewsbury, Smith, White of Davidson, Williams of
Hickman, Williamson, Woods and Mr. Speaker Whitthorne.
Mr. Bicknell demanded the previous question ; which was not
sustained.
Representatives voting in the affirmative are :
Messrs. Barksdale, Bayless, Bennett, Bicknell, Brazelton, Brit-
ton, Butler, Critz, Davidson, Doak, Frazier, Gillespie, Gorman
Greene, Harris, Ilavron, Hebb, Ingram, Johnson, Kincaid of An_
derson, Lockhart, Senter, Shrewsbury, Smith, Trevitt, Trewhitt,
Vaughn, Wisener and Mr. Speaker Whitthorne.
Those voting in the negative are :
Messrs. Armstrong, Caldwell, Cowden, Davis, Dudley, East,
Yeas
Nays
29
31
195
Ewing, Parley, Farrelly, Ford, Gantt, Hurt, Kenner, Lea, Martin,
May field, McCabe, Morphia, Nail, Norman, Porter, Richardson,
Roberts, Russell, Sheid, Sowell, White of Davidson, Williams of
Franklin, Williamson, Woods and Mr. Woodard.
Mr. Ewing demanded a division of the question upon the pas-
sage of the bill.
The original bill, with Messrs. Wisener's, Trewhitt's and Gantt's
amendments, then passed third reading.
Yeas. 42
Nays 19
Representatives voting in the affirmative are :
M essrs. Bayless, Bennett, Brazelton, Britton, Butler, Caldwell,
Cowden, Critz, Davidson, Davis, Dudley, East, Ewing, Farley,
Farrelly, Ford, Frazier, Gantt, Gillespie, Greene, Havron, Hebb,
Hurt, Kenner, Lea, Martin, Morris, Nail, Norinan, Porter, Rich-
ardson, Russell, Senter, Sheid, Smith, Trevitt, Trewhitt, White of
Davidson, Williams of Hickman, Williamson, Wisener and Mr.
Woods.
Those voting in the negative are :
Messrs. Armstrong, Barksdale, Bicknell, Doak, Gorman, Harris,
Ingram, Johnson, Kincaid of Anderson, Lockhart, Mayfield, Mc-
Cabe, Morphis, Roberts, Shrewsbury, So well, Vaughn, Williams of
Franklin and Mr. Woodard.
Mr. Caldwell asked a division of the question upon the passage
of that part of the bill embracing his amendment; which was
had, and Mr. Caldwell's amendment passed third reading.
Representatives voting in the affirmative are:
Messrs. Armstrong, Barksdale, Bayless, Bennett, Bicknell, Braz-
elton, Britton, Butler, Caldwell, Critz, Davidson, Davis, Doak,
Dudley, East, Ewing, Ford, Frazier, Gantt, Gillespie, Greene, Har-
ris, Havron, Kenner, Kincaid of Anderson, Lea, Lockhart, May-
field, McCabe, Morris, Morphis, Nail, Norman, Richardson, Rob-
erts, Russell, Senter, Sheid, Smith, Sowell, Trevitt, Trewhitt,
Vaughn, White of Davidson, Williams of Franklin, Williams of
Hickman, Wisener and Mr. Woodard.
Those voting in the negative are :
Messrs. Cowden, Farley, Farrelly, Hebb, Hurt, Ingram, John-
son* Martin, Porter, Shrewsbury, Williamson, Woods and Mr.
Speaker Whitthorne.
The remaining sections of the bill then passed third reading.
Representatives voting in the affirmative are:
Messrs, Armstrong, Barksdale, Bayless, Bennett) Bicknell, Braz-
Yeas
Nays
48
13
Yeas
Nays
32
31
196
elton, Britton, Butler, Cowden, Critz, Davidson, Doak, Frazier,
Gillespie, Gorman, Greene, Havron, Kenner, Kincaid of Ander-
son, Mayfield, McCabe, Nail, Russell, Senter, Sheid, Smith,
Sowell, Trevitt, Trewhitt, Vaughn, Wisener and Mr. Woodard.
Those voting in the negative are :
Messrs. Caldwell, Davis, Dudley, East, Ewing, Farley, Farrelly,
Ford, Gantt, Harris, Hebb, Hurt, Ingram, Johnson, Lea, Lockhart,
Martin, Morris, Morphis, Norman, Pickett, Porter, Richardson,
Roberts, Shrewsbury, White of Davidson, Williams ol Franklin,
Williams of Hickman, Williamson, Woods and Mr. Speaker Whit-
thorne. /
Mr. Barksdale obtained leave to record his vote in the affirnia-
tive, on the motion to table the Edgefield and Kentucky Railroad
consolidation amendment of Mr. White of Davidson.
Mr. Vaughn obtained leave to change his vote on the first sec-
tion of the Bank Relief bill, to the affirmative.
House Bills, Nos. 23, for the relief of the Banks and the peo-
pie ; and,
No. 30, to regulate the future management of the Bank of
Tennessee and Branches, were laid upon the table.
Mr. Lea obtained leave to change his vote to the negative, on
the passage of the first part of the Bank Relief bill.
Mr. Bicknell obtained permission to change his vote to the af-
firmative, on the passage of the first part of the Bank Relief bill.
Senate Messages were then taken up, being special message
from the Governor, accompanied by resolutions from the Georgia
Convention ; and Senate Resolution, No. 26, directory to the Com-
missioners recently elected by the General Assembly.
Mr. Ewing moved to postpone the consideration of the resolu-
tion until to-morrow morning 10^ o'clock; which motion failed
< by a, tie vote.
Yeas 32
Nays 32
Representatives voting in the affirmative are :
Messrs. Baker of Perry, Barksdale, Bayless, Brazelton, Cowden,
*TJritz, Davidson, Doak, East, Farley, Farrelly, Ford, Frazier, Gantt
.Harris, Hebb, Hurt, Ingram, Lea, Lockhart, Nail, Porter, Roberts,
Sheid, Smith, Sowell, Trevitt, Vaughn, Williams of Franklin, Wil-
liams of Hickman, Woods and Mr. Speaker Whitthorne.
Those voting in the negative are :
Messrs. Armstrong, Bennett, Bicknell, Britton,Eutler, Caldwell,
Davis, Dudley, Ewing, Gillespie, Gorman, Greene, Havron, John-
^on, Kenner, Kincaid of Anderson, Martin, Mayfield, McCabe,
Morris, Morphis, Normon, Pickett, Richardson, Russell, Senter,
Shrewsbury, Trewhitt, White of Davidson, Williamson, Wisener
r>and Mr. Woodard.
197
Mr. Williams of Hickman offered the following amendment to
the resolution :
Strike out Washington City and insert Montgomery, Alabama.
Whereupon Mr. Lea moved to lay the resolution upon the table;
which motion tailed.
Yeas 28
Nays 35
Representatives voting in the affirmative are :
Messrs. Baker of Perry, Barksdale, Bayless, Bennett, Cowden,
Critz, Davidson, Doak, Farley, Farrelly, Frazier, Gantt, Harris, In-
gram, Lea, Lockhart, Nail, Pickett, Porter, Roberts, Sheid, Smith,
Sowell, Trevitt, Vaughn, Williams of Hickman, Woods and Mr.
Speaker Whitthorne.
Those voting in the negative are :
Messrs. Armstrong, Bicknell, Brazelton, Britton, Butler, Cald
well, Davis, Dudley, East, Ewing, Ford, Gillespie, Gorman, Greene
Havron, Hebb, Hurt, Johnson, Kenner, Kincaid of Anderson
Martin, Mayfield, McCabe, Morris, Morphis, Norman, Richardson
Russell, Senter, Shrewsbury, Trewhitt, White of Davidson, Mil
liamson, Wisener and Mr. Woodard.
Mr. Williams of Hickman moved to adjourn till 10 o'clock to-
morrow morning; which motion tailed.
Y eas - 22
Nays 42
Representatives voting in the affirmative are:
Messrs. Barksdale, Bayless, Bennett, Cowden, Critz, Davidson,
Farrelly, Ford, Frazier, Gantt, Harris, Lea, Lockhart, Mayfield,
Nail, Porter, Sheid, Trevitt, Williams of Franklin, Williams of
Hickman, Woods and Mr. Speaker Whitthorne.
Those voting in the negative are:
Messrs. Armstrong, Baker of Perry, Bicknell, Brazelton, Britton,
Butler, Caldwell, Davis, Doak, Dudley, East, Ewing, Farley, Gil-
lespie, Gorman, Greene, Havron, Hebb, Hurt, Ingram, Johnson,
Kenner, Kincaid of Anderson, Martin, McCabe, Morris, Morphis,
Norman, Pickett, Richardson, Roberts, Russell, Senter, Shrewsbu-
ry, Smith, Sowell, Trewhitt, Vaughn, White of Davidson, William-
son, Wisener, and Mr. Woodard.
Mr. Morphis demanded the previous question.
Whereupon Mr. Williams of Hickman moved to adjourn until
\ after 9 o'clock; which motion failed.
Yeas 27
Nays.... 33
Representatives voting in the affirmative are :
Messrs. Baker of Perry, Barksdale, Bayless, Bennett, Cowden,
Davidson, Doak, Farley, Ford, Frazier, Gantt, Harris, Ingram,
198
Lea, Lockhart, Mayfield, Nail, Pickett, Porter, Roberts, Shied,
Smith, Sowell, Trevitt, Williams cf Franklin, Williams of Hick-
man and Mr. Speaker Whitthorne.
Those voting in the negative are:
Messrs. Armstrong, Bicknell, Brazelton, Britton, Butler, Cald-
well, Davis, Dudley, East, Ewing, Gillespie, Gorman, Greene,
Havron, Hebb, Hurt, Johnson, Kenner, Kincaid of Anderson,
Martin, McCabe, Morris, Morphis, Norman, Richardson, Russell,
Senter, Shrewsbury, Trewhitt, White of Davidson, Williamson,
Wisener and Mr. Woodard.
Mr. Harris moved to adjourn to 9 o'clock; which motion failed.
Yeas 14
Nays 33
Representatives voting in the affirmative are:
Messrs. Baker of Perry, Cowden, Farley, Harris, Ingram, Lock-
hart, Mayfield, Porter, Roberts, Shied, Smith, Trevitt, and Mr.
Speaker Whitthorne.
Those voting in the negative are:
Messrs. Armstrong, Bicknell, Brazelton, Britton, Butler, Cald-
well, Davis, Dudley, East, Ewing, Gillespie, Gorman, Greene,
Havron, Hebb, Hurt, Johnson, Kenner, Kincaid of Anderson, Mar-
tin, McCabe, Morris, Morphis, Norman, Richardson, Russell, Sen-
ter, Shrewsbury, Trewhitt, White of Davidson, Williamson, Wise-
ner and Mr. Woodard.
On motion of Mr. Davis, the resolution was made the special
order for 10£ o'clock to-morrow, and the House adjourned until 9
o'clock to-morrow morning.
WEDNESDAY MORNING, JANUARY 31, 1861.
The House met pursuant to adjournment.
Mr. Speaker Whitthorne in the Chair.
The Journal of yesterday was read and approved.
Mr. Williamson obtained leave to record his vote in the nega-
tive on the motion to table Mr. Russell's amendment to the Bank
relief bill, authorizing the issuance of post notes.
Mr. Williams of Knox, who had been detained from his seat on
account of sickness, appeared and took his seat.
Mr Hebb offered House Resolution No. 68, as follows:
199
Resolved by the General Assembly of the State of Tennessee,
That in case any of the delegates which have been selected by
the General Assembly, should fail to accept the position as dele-
gate to the Southern Convention, the Governor be directed to fill
such vacancy from the district or State at large where the vacan-
cy may occur. ,
Which resolution, under the rule, lies over one day.
Mr. Norman offered House Resolution No. 69, as follows:
Resolved, That Tennessee will stand by and co-operate with
Kentucky, Virginia, North Carolina, Maryland, Delaware, Mis-
souri and Arkansas, in any and all efforts which they, or a major-
ity of them may make for the purpose of settling existing difficul-
ties and saving the Union.
Which resolution, under the rule, lies over.
On motion of Mr. Farrelly, the rules were suspended, and Sen-
ate Bill No. 16, incorporating a Military department in Andrew
College, and a Memphis Arms Company, was taken up.
Mr. Mayfield moved to strike out the second section of the bill;
which was agreed to, and the bill, as amended, passed its third
reading.
Representatives voting in the affirmative are:
Messrs. Baker of Perry, Barksdale, Bay less, Bennett, Bicknell,
Brazelton, Brilton, Cowden, Critz, Davidson, Doak, Dudley. Far-
ley, Farrelly, Ford, Frazier, Gantt, Gillespie, Hebb, Hurt, Ingram,
Lea, Lockhart, Mayfield, Nail, Pickett, Sheid, Shrewsbury, Smith,
Sowell, Trevitt, Vaughn, Whitmore, Williams of Franklin, Woods
and Mr. Speaker Whitthorne.
Those voting in the negative are:
Messrs. Butler, Caldwell, Gorman, Greene, Harris, Kenner,
Kincaid of Anderson, Martin, McCabe, Morris, Morphis, Norman,
Richardson, Roberts, Russell, Senter, Trewhitt, White of David-
son, Williamson, Wisener and Mr. Woodard.
The bill was ordered to be transmitted to the Senate.
House Bill No. 19, to take the vote of the people of Tennessee
whether they are for or against the Union, was taken up.
Mr. Trewhitt offered the following amendment:
Strike out all of the first section after the enacting clause, and
insert: that the several persons voting in the election, for Con-
vention or No Convention, under an act passed at the present
session of this Assembly, shall have written or printed on their
tickets " Union," if in favor of the Union as it then exists, and if
opposed to it, they shall have written or printed thereon, " Dis-
union."
Mr. Lea moved to lay the bill and amendment upon the table;
which was agreed to.
Yeas.
Nays
37
21
200
Yeas.
Nays.
38
,28
Representatives voting in the affirmative are :
Messrs. Baker of Perry, Barksdale, Bayless, Bennett, Covvden,
Critz, Davidson, Doak, Dudley, Farley, Farrelly, Frazier, Gantt,
Greene, Harris, Hebb, Hurt, Ingram, Lea, Lockhart, Martin,
Mayfield, Morphis, Nail, Pickett, Porter, Roberts, Sheid, Shrews-
bury, Smith, Sowell, TrevitV-.Vaughn, Whitmore, Williams of
Hickman, Williamson, Woods, and Mr. Speaker Whitthorne.
Those voting in the negative are :
Messrs. Armstrong, Bicknell, Brazelton, Britton, Caldwell,
Cheatham, Davis, East, Ewing, Ford, Gillespie, Gorman, Hav-
ron, Johnson, Kenner, Kincaid of Anderson, McCabe, Morris,
Norman, Richardson, Russell, Senter, Trewhitt, White of David-
son, Williams of Franklin, Williams of Knox, Wisener, and Mr.
Woodard.
Mr. Doak entered motion to reconsider vote rejecting House
Bill No. 28, allowing the sheriff of Hawkins county to employ
two additional deputies.
Mr. Farrelly entered a motion to reconsider vote rejecting Sen-
ate Bill No. 11, to incorporate Memphis Southern Savings Insti-
tute.
The special order was then taken up, being Senate Resolution
No. 26, directory to the Commissioners recently elected by the
General Assembly.
Mr. Hurt offered the following amendment;
In the fifth line, after the word such, add " slave " States.
Mr. Williams of Hickman, by leave of the House, withdrew his
amendment offered yesterday.
Mr. Baker of Perry, from the Committee on Enrolled Bills, re-
ported as follows :
The Committee on Enrolled Bills have examined House Reso-
lution No. 51, and House Bill No. 14, and find them correctly
enrolled ; also, House Bills Nos. 29 and 37, and find them cor-
rectly engrossed.
Respectfully submitted,
W. N. BAKER, Chairman pro tem.
Mr Morphis demanded the previous question.
The demand was not sustained by the House.
Yeas 29
Representatives voting in the affirmative are :
Messrs. Armstrong, Bicknell, Britton, Butler, Caldwell, Cheat-
ham, Davis, Dudley, East, Ewing, Gillespie, Gorman, Greene,
Havron, Johnson, Kenner, Kincaid of Anderson, Mayfield, Mc-
Cabe, Morphis, Norman, Richardson, Russell, Senter, Trewhitt,
Williams of Knox, Williamson, Wisener, and Mr. Woodard.
Nay
36
201
Those voting in the negative are.
Messrs. Baker of Perry, Barksdale, Bay less, Bennett, Brazelton,
Covvden, Critz, Davidson, Doak, Farley, Farrelly, Ford, Frazier,
Gantt, Harris, Hurt, Ingram, Lea, Lockhart, Martin, Nail, Pickett,
Porter, Roberts, Sheid, Shrewsbury, Smith, Sowell, Trevitt,
Vaughn, White of Davidson, Whitmore, Williams of Franklin,
Williams of Hickman, Woods, and Mr. Speaker Whitthorne.
The following message was received from the Senate:
Mr. Speaker:
The Senate has adopted Senate Resolution No. 28, for the re-
lief of the securities of C. Green, deceased, and the same is
herewith transmitted for the action of the House of Represen-
tatives.
I am directed to transmit, for the signature of the Speaker of
the House of Representatives, the following enrolled joint resolu-
tions, viz :
Joint resolution for the relief of James R. Gardner ;
Joint resolution to adjourn sine die ; '
Joint resolution for the relief of N. G. Phillips, of Carroll
county.
The Speaker of the Senate has signed enrolled act to relieve
tax-payers of this State; also, enrolled joint resolution proposing
amendments to the Constitution of the United States, and the
same have been deposited in the office of the Secretary of State.
The amendment of Mr. Hurt was then adopted.
Yeas • *40
Nays • 25
Representatives voting in the affirmative are:
Messrs. Baker of Perry, Barksdale, Bayless, Bennett, Brazelton,
Cowden, Critz, Davidson, Doak, Farley, Farrelly, Ford, Frazier,
Gantt, Greene, Harris, Hebb, Hurt, Ingram, Lea, Lockhart,
Martin, Mayfield, Morris, Nail, Pickett, Porter, Roberts, Sheid,
Shrewsbury, Smith, Sowell, Trevitt, Vaughn, White of Davidson,
Whitmore, Williams of Franklin, Williams of Hickman, Woods,
and Mr. Speaker Whitthorne.
Those voting in the negative are:
Messrs. Armstrong, Bicknell, Britton, Butler, Caldwell, Cheat-
ham, Davis, Dudley, East, Ewing, Gorman, Havron, Johnson,
Kenner, Kincaid of Anderson, McCabe, Norman, Richardson,
Russell, Senter, Trewhitt, Williams of Knox, Williamson, Wise-
ner, and Mr. Woodard,
Mr. Caldwell offered the following amendment:
Provided, This shall not be so construed as to prevent our dele-
gates from meeting and conferring with delegates from non-
slaveholding States, after they have met with delegates from
202
slaveholding Stales, and come to a conclusion as to the course of
policy to be pursued by the Southern States there represented.
Which was adopted.
Yeas * 56
Nays t .. . 8
Representatives voting in the affirmative are:
Messrs. Baker of Perry, Bayless, Bennett, Bicknell, Brazelton,
Britton, Caldwell, Cheatham, Cowden, Critz, Davidson, Davis,
Doak, Dudley, East, Evving, Farrelfy, Ford, Frazier, Gantt, Gil-
lespie, Gorman, Greene, Harris, Havron, Hebb, Hurt, Ingram,
Johnson, Kenner, Kincaid of Anderson, Martin, May field. Mc-
Cabe, Morris, Nail, Norman, Pickett, Porter, Richardson, Roberts,
Russell, Sheid, Shrewsbury, Smith, Sovvell, Trevitt, White of Da-
vidscn, Whitmore, Williams of Franklin, Williams of Knox, Wil-
liamson, Wisener, Woods, Woodard and Mr. Speaker Whitthorne.
Those voting in the negative are:
Messrs. Armstrong, Barksdale, Farley, Lea, Lockhart, Morphis,
Senter, Trewhitt, Vaughn, and Mr. Williams of Hickman.
Mr. Morphis movefd to postpone the resolution and amendment
indefinitely; which motion failed.
Yeas 16
Nays 46
Representatives voting in the affirmative are:
Messrs. Baker of Perry, Barksdale, Cowden, Doak, Farley,
Frazier, Harris, Ingram, Lea, Lockhart, Morphis, Roberts, Senter,
Smith, Vaughn, Whitmore, and Mr. Williams of Hickman.
Those voting in the negative are :
Messrs. Armstrong, Bayless, Bennett, Bicknell, Brazelton, Brit-
ton, Caldwell, Cheatham, Critz, Davidson, Davis, Dudley, East,
Ewing, Gantt, Gillespie, Gorman, Greene, Havron, Hebb, Hurt,
Johnson, Kenner, Kincaid of Anderson, Martin, Mayfield, Mc-
Cabe, Morris, Norman, Porter, Richardson, Russell, So well, Tre-
vitt, Trewhitt, White of Davidson, Williams of Knox, Williamson,
Wisener, Woods, Woodard, and Mr Speaker Whitthorne.
The resolution as amended was then adopted.
Yeas 50
Nays 16
Representatives voting in the affirmative are:
Messrs. Armstrong, Bayless, Bennett, Bicknell, Brazelton, Brit-
ton, Butler, Caldwell, Cheatham, Critz, Davidson, Davis, Dudley,
East, Ewing, Farrelly. Ford, Frazier, Gantt, Gillespie, Gorman,
Greene, Havron, Hebb, Hurt, Johnson, Kenner, Kincaid of Am-
derson, Martin, Mayfield, McCabe, Morris, Nail, Norman, Pick-
ett, Porter, Richardson, Russell, Sheid, Shrewsbury, Trevitt, Tre-
whitt, White of Davidson, Williams of Franklin, Williams of
Knox, Williamson, Wisener, Woods, Woodard, and Mr. Speaker
Whitthorne.
203
Those voting in the negative are:
Messrs. Baker of Perry, Barksdale, Doak, Farley, Harris, In-
gram, Lea, Lockhart, Morphis, Roberts, Senter, Smith, Sowell,
Vaughn, Whitmore, and Mr. Williams of Hickman.
The resolution was ordered to be transmitted to the Senate.
House Bill, No. 40, a bill that will relieve the people, passed its
second reading.
House Bill, No. 41, to allow the Sheriff of Hawkins county the
power to appoint more deputies, passed its second reading.
House Bill, No. 42, for the benefit of executors and administra-
tors, was rejected.
House Bill, No. 43, to repeal an act prescribing the remedy for
the collection of debts and relief of the people, passed 28th Jan.,
1861, was laid upon the table.
Representatives voting in the affirmative are :
Messrs. Barksdale, Bay less, Bennett, Bicknell, Brazelton, Brit-
ton, Butler, Caldwell, Critz, Doak, Dudley, Hast, Ford, Frazier,
Gantt, Havron, Hebb, Kenner, Kincaid of Anderson, Lockhart,
Martin, Mayfield, McCabe, Nail, Norman, Pickett, Roberts, Rus-
sell, Senter, Sheid, Smith, Sowell, Trevitt, Trewhitt, Vaughn, Wil-
liams of Knox, and Mr. Woods.
Those voting in the negative are:
Messrs. Armstrong, Baker of Perry, Cheatham, Davidson,
Ewing, Farley, Farrelly, Gillespie, Gorman, Greene, Harris, Hurt,
Ingram, Johnson, Lea, Morris, Morphis, Porter, Richardson,
Shrewsbury, White of Davidson, Whitmore, Williams of Hick-
man, Williamson, Wisener Woodard, and Mr. Speaker Whit-
thorne.
A motion to reconsider was laid upon the table.
On motion of Mr. Martin, it was ordered that 1000 copies of
the relief law be printed.
On motion of Mr. Dudley, the bill legalizing the suspension of
the banks, was ordered to be transmitted to the Senate.
House Bill, No. 44, to construe an act prescribing the remedy
for the collection of debts, passed second reading.
On motion of Mr. Lea, the House adjourned until 2 o'clock,
Yeas,
Nays
.37
,27
P.M.
204
AFTERNOON SESSION.
House Bill, No. 6, for the relief the people, was laid upon the
table.
House Bill, No. 26, to amend sec. 3515 of the Code of Tennes-
see, passed its third reading.
Yeas 42
Nays 8
Representatives voting in the affirmative are :
Messrs. Barksdale, Bayless, Bennett, Bicknell, Brazelton, Brit-
ton, Caldwell, Cheatham, Cowden, Critz, Davis, Dudley, Ewinjj,
Farley, Ford, Frazier, Gantt, Gillespie, Gorman, Greene, Havron,
Hebb, Hurt, Johnson, Kenner, Lea, Lockhart, Martin, Mayfield,
Nail, Pickett, Porter, Roberts, Russell, Senter, Smith, Trevitt,
Trewhitt, Vaughn, White of Davidson, Williams of Knox, and Mr.
Wisener.
Those voting in the negative are :
Messrs. Baker of Perry, Farrelly, Ingram, Sheid, Sowell, Wil-
liams of Hickman and Mr. Williamson.
House Bill, No. 27, was taken up.
Mr. Wisener offered the following amendment:
Be it further enacted, That decrees in the Chancery Court, or
Supreme Court, shall only be rendered on injunction bonds when
the injunction was obtained to enjoin the collection of judgments
or decrees; which was adopted.
Mr. Sheid offered the following amendment:
The title be so amended as to read " to increase the practice of
lawyerswhich amendment was laid upon the table.
The bill as amended, was then rejected.
Yeas 25
Nays 37
Representatives voting in the affirmative are ;
Messrs. Barksdale, Bayless, Bennett, Bicknell, Cowden, Davis,
Doak, Dudley, Ford, Frazier, Gantt, Havron, Hebb, Lockhart,
Martin, McCabe, Morris, Nail, Senter, Sowell, Trevitt, Trewhitt,
White of Davidson, Williams of Hickman and Mr. Wisener.
Those voting in the negative are:
Messrs. Armstrong, Baker of Perry, Brazelton, Britton, Cald-
well, Cheatham, Critz, Davidson, East, Ewing, Farley, Farrelly,
Gillespie, Gorman, Greene, Harris, Hurt, Ingram, Johnson, Ken-
ner, Lea, Mayfield, Norman, Pickett, Porter, Richardson, Roberts,
Russell, Sheid, Shrewsbury, Smith, Vaughn, Williams of Frank-
205
lin, Williams of Knox, Williamson, Woodard and Mr. Speaker
Whitthorne.
House Bill, No. 31, to repeal section 521 of the Code, was
taken up.
Mr. Vaughn offered the following amendment:
Be it enacted, That section nine of the act passed during the
session of 1859-60, releasing Clerks of the Circuit and Chancery
Courts from making settlements, and paying over monies remain-
ing in their hands, be, and the same is hereby repealed ; which
amendment was rejected.
Mr. Mayfield offered the following amendment:
That between the words, section of the Code, in the 9th section
of an act passed the 22d March, 1860, entitled an act to regulate
costs in certain cases, the figures 521 be inserted in the blank.
When, by leave, Mr. Baker of Perry withdrew the bill finally
from the House.
House Bill, No. 32, directory to the County Court of Hickman
county, was rejected.
On motion of Mr. Ford, the vote rejecting the bill was recon-
sidered.
Mr. Gantt offered the following amendment to the bill:
Be it further enacted, That the benefits of this act shall apply
to all counties in the like condition ; which was adopted, and the
bill as amended passed its third reading.
Yeas... .51
Nays 10
Representatives voting in the affirmative are :
Messrs. Baker of Perry, Barksdale, Bayless, Bennett, Bicknell,
Brazelton, Britton, Caldwell, Cheatham, Cowden, Critz, David-
son, Doak, Dudley, East, Ford, Frazier, Gantt, Gillespie, Gorman,
Greene, Havron, Hebb, Hurt, Ingram, Kincaid of Anderson, Lea,
Lockhart, Martin, Mayfield, McCabe, Morris, Nail, Pickett, Rich-
ardson, Roberts, Senter. Sheid, Smith, Sowell, Trevitt,, Trewhitt,
Vaughn, White of Davidson, Williams of Franklin, Williams of
Hickman, Williams of Knox, Wisener, Woods and Mr. Woodard.
Those voting in the negative are :
Messrs. Armstrong, Butler, Ewing, Farley, Farrelly, Harris,
Johnson, Porter, Williamson and Mr. Speaker Whitthorne.
The bill was ordered to be transmitted to the Senate.
House Bill, No. 33, to extend the time for returning Justices'
Executions, was rejected.
Representatives voting in the affirmative are :
Messrs. Barksdale, Bayless, Bennett, Davis, Doak, Dudley, Ew-
ing, Ford, Frazier, Gantt, Gorman, Havron, Hebb, Kincaid of
Anderson, Martin, Morris, Morphis, Nail, Richardson, Russell
Yeas
Nays
26
33
206
Senter, Sheid, Smith, Trewhitt, White of Davidson and Mr. Wise-
ner.
Those voting in the negative are :
Messrs. Armstrong, Baker of Perry, Bicknell, Britton, Caldwell,
Cheatham, Cowden, Critz, East, Farley, Farrelly, Gillespie,
Greene, Harris, Hurt, Ingrain, Johnson, Kenner, Lea, Lockhart,
Mayfield, Norman, Porter, Roberts, Shrewsbury, Sowell, Trevitt,
Williams of Franklin, Williams of Hickman, Williamson, Woods,
Woodard and Mr. Speaker Whitthorne.
Mr. Mayfield presented a memorial from sundry citizens of
Bradley county, praying the Legislature to pass a law suspending
the payment of the per diem of members of the Legislature for
twelve months, according to the provisions of the State laws;
which was ordered to be transmitted to the Senate.
Mr. Sheid moved to reconsider the vote rejecting House Bill,
No. 27, authorizing Chancellors to dissolve Injunctions only when
in session.
The motion to reconsider prevailed.
The bill was then rejected.
Yeas 28
Nays 32
Representatives voting in the affirmative are:
Messrs. Barksdale, Bayless, Bennett, Butler, Cowden, Critz, Da-
vis, Doak, Dudley, Ewi*rg, Ford, Frazier, Gantt, Havron, Hebb,
Lockhart, Martin, McCabe, Morris, Nail, Norman, Russell, Sheid,
Smith, Trevitt, Trewhitt, White of Davidson and Mr. Wisener.
Those voting in the negative are:
Messrs. Armstrong, Baker of Perry, Bicknell, Britton, Caldwell,
East, Farley, Farrelly, Gillespie, Gorman, Greene, Harris, Hurt,
Ingram, Johnson, Kenner, Kincaid of Anderson, Lea, Mayfield,
Porter, Richardson, Roberts, Shrewsbury, Sowell, Vaughn, Wil-
liams of Franklin, Williams of Hickman, Williamson, Woods,
Woodard and Mr. Speaker Whitthorne.
House Bill, No. 34, to amend the Gallatin and Cole's Ferry
Turnpike Charter ; passed third reading, and ordered to be trans-
mitted to the Senate.
House Bill, No. 36, to relieve the people from taxation, and
provide for the defence of the State, was laid upon the table.
House Bill, No. 38, to abolish the offices of Bank Supervisor
and Road Commissioner, was taken up.
Mr. Porter demanded the previous question upon the passage of
The motion for the previous question failed by a tie vote.
Representatives voting in the affirmative are :
Messrs. Baker of Perry, Barksdale, Bennett, Brazelton, Cowden,
the bill.
Yeas
Nays
31
31
207
JDoak, Farley, Ford, Frazier, Gantt, Harris, Hebb, Hurt, Ingram,
Kincaid of Anderson, Lea, Lockhart, Mayfield, Nail, Porter,
Roberts, Sheid, Smith, Sowell, Trevitt, Vaughn, Williams of
Hickman, Williamson, Wisener, Woods and Mr. Speaker Whit-
thorne.
Those voting in the negative are :
Messrs. Armstrong, Bayless, Bicknell, Britton, Butler, Caldwell,
Critz, Davis, Dudley, Ewing, Farrelly, Gillespie, Gorman, Greene,
Havron, Johnson, Kenner, Martin, McCabe, Morris, Norman,
Pickett, Richardson, Russell, Senter,Shrewsbury, Trewhilt, White
of Davidson, Williams of Franklin, Williams of Knox and Mr.
Woodard.
On motion of Mr. Harris, the bill Was laid upon the table.
Yeas 32
Nays 30
Representatives voting in the affirmative are:
Messrs. Baker of Perry, Barksdale, Bayless, Benett, Cowden,
Critz, Doak, Dudley, Ford, Frazier, Gantt, Greene, Harris, Hebb,
Ingram, Kincaid of Anderson, Lea, Lockhart, Mayfield, Nail, Por-
ter, Roberts, Sheid, Smith, Sowell, Trevitt, Vaughn, White of Da-
vidson, Williams of Franklin, Williams of Hickman, Woods, and
Mr. Speaker Whitthorne.
Those voting in the negative are :
Messrs. Armstrong, Bicknell, Brazelton, Butler, Caldwell, Davis,
East, Ewing, Farley, Farrelly, Gillespie, Gorman, Havron, Hurt,
Johnson, Kenner, Martin, McCabe, Morris, Norman, Richardson,
Russell, Senter, Shrewsbury, Trewhitt, Williams of Knox, Wil-
liamson, Wisener, and Mr. Woodard.
House Bill No. 39, was taken up.
Mr. Johnson offered the following amendment:
Be it further enacted, That an act passed March 12,1860, which
authorizes Green county to levy a tax for the purpose of keeping
up the public roads in said county, be, and the same is hereby sus-
pended, until the first day of January, 1862, and the County
Court shall not levy any tax for the purpose above stated, until
after leaving the proposition as provided in said act to the peo-
pie of said county, after the said first day of January, 1862.
Which amendment was adopted; and the bill, as amended,
passed third reading, and was ordered to be transmitted to the
Senate.
Senate Bill No. 9, to enable the State of Tennessee to repel
invasion and suppress insurrection, passed first reading.
Senate Bill No. 12, for the relief of justices of the peace,
passed first reading.
Senate Bill No. 6, to amend the conventional interest act, was
taken up.
Mr. Brazelton moved to lay the bill upon the table; which mo-
tion failed.
208
Yeas 24
Nays 34
Representatives voting in the affirmative are :
Messrs. Armstrong, Bicknell, Brazelton, Butler, Caldwell, Critz,
Ford, Gillespie, Gorman, Greene, Harris, Havron, Kenner, May-
field, Pickett, Richardson, Russell, Senter, Trevitt, Trewhitt,
Vaughn, Williams of Knox, Woodard and Mr. Speaker Whit-
thorne.
Those voting in the negative are :
Messrs. Baker of Perry, Barksdale, Bennett, Cowden, Davis,
Doak, Dudley, East, Ewing, Farley, Farrelly, Frazier, Gantt,
Hebb, Hurt, Ingram, Lea, Lockhart, Martin, McCabe, Morris,
Nail, Norman, Porter, Roberts, Shied, Smith, Sowell, White of
Davidson, Williams of Franklin, Williams of Hickman, William-
son, Wisener and Mr. Woods.
Mr. Johnson offered the following amendment:
That an act passed February 21, 1860, entitled an act to amend
the usury laws of this State, and to establish a conventional rate
of interest, be, and the same is hereby repealed, and that this act
take effect from and after its passage.
Pending which, on motion of Mr. Johnson, the House adjourned
until 9 o'clock to-morrow morning.
THURSDAY MORNING, JANUARY 31, 1861.
The House met pursuant to adjournment.
Mr. Speaker Whitthorne in the Chair.
Journal of yesterday was read and approved.
Mr. Johnson obtained leave to record his vote in the negative
on the bill providing for a Convention of the people of Ten-
nessee.
Mr. Trewhitt changed his vote to the negative on the same bill.
Mr. Butler obtained leave to record his vote in the affirmative
on the passage of House Bill No. 33, to extend the time for re-
turning justices' executions.
The unfinished business of yesterday was then taken up, being
Senate Bill No. 6, to amend the conventional interest act—the
question being upon the amendment of Mr. Johnson.
Mr. Harris moved to lay the bill upon the table ; which motion
failed.
m
Yeas
Nays
25
30
Representatives voting in the affirmative are :
Messrs. Armstrong, Bicknell, Britton, Caldwell, East, Ford,
Gillespie, Gorman, Greene, Harris, Havron, Johnson, Kenner,
Kincaid of Anderson, Mayfield, Morphis, Richardson, Russell,
Senter, Trewhitt, Vaughn, Williams ol Knox, Williamson, Wood-
ard, and Mr. Speaker Whitthorne.
Those voting in the negative are:
Messrs. Baker of Perry, Barksdale, Cheatham, Cowden, Doak,
Dudley, Farley, Farrelly, Frazier, Hebb, Hurt, Ingram, Lea, Lock-
hart, Martin, McCabe, Nail, Norman, Porter, Roberts, Sheid,
Shrewsbury, Smith, Sowell, White of Davidson, Whitmore, Wil-
liams of Franklin, Williams of Hickman, Wisener, and Mr.
Woods.
Mr. Britton was paired off with Mr. Baker of Weakley.
Mr. Sheid moved to lay the amendment of Mr. Johnson on the
table ; which motion failed.
Yeas 27
Nays 28
Representatives voting in the affirmative are :
Messrs. Cheatham, Cowden, Doak, Dudley, Farley, Farrelly,
Frazier, Hebb, Hurt, Ingram, Lea, Lockhart, Martin, McCabe,
Nail, Porter, Roberts, Russell, Sheid, Shrewsbury, Smith, White
of Davidson, Williams of Franklin, Williams of Hickman, Wil-
liamson, Wisener and Mr. Woods.
Those voting in the negative are:
Messrs. Armstrong, Barksdale, Bayless, Bicknell, Brazelton,
Butler, Caldwell, Critz, East, Ford, Gillespie, Gorman, Greene,
Harris, Havron, Johnson, Kenner, Mayfield, Morphis, Norman,
Richardson, Senter, Trevitt, Trewhitt, Vaughn, Whitmore, Wil-
liams of Knox, Woodard, and Mr. Speaker Whitthorne.
Mr. Mayfield offered the following amendment to Mr. Johnson's
amendment:
Provided, however, That this act shall not affect that portion of
the original act, hereby repealed, applicable to shavers or to dis-
counting notes and other evidences of debt.
Which amendment he afterwards, by leave of the House with-
drew, and offered the following in lieu :
Provided, That hereafter, whenever any note or other evidence
of debt is made to be sold for the purpose of raising money, the
party purchasing the same at a greater rate of discount than six
per cent., shall be affected with notice of the want of considera-
tion, and shall be deemed guilty of usury.
Mr. McCabe demanded the previous question oil the passage of
the bill; which was not sustained.
14 H
210
Yeas
Nays
SO
33
Representatives voting in the affirmative are:
Messrs. Baker of Perry, Cheatham, Cowden, Doak, Dudley,
Ewing, Farley, Farrelly, Frazier, Gantt, Ilebb, Hurt, Ingram, Lea,
Lockhart, Martin, McCabe, Nail, Porter, Roberts, Shied, Shrews-
bury, Smith, So well, White of Davidson, Whitmore, Williams of
Franklin, Williams of Hickman, Wisener, and Mr. Woods.
Those voting in the negative are:
Messrs,. Armstrong, Barksdale, Bay less, Bennett, Bieknell, Braz-
elton, Butler, Caldwell, Critz, East, Ford, Gillespie, Gorman,
Greene, Harris, Havron, Johnson, Kenner, Kincaid of Anderson,
Mayfield, Morris, Morphis, Norman, Richardson, Russell, Senter,
Trevitt, Trewhitt, Vaughn, Williams of Knox, Williamson, Wood-
ard and Mr. Speaker Whitthorne.
Mr. Dudley demanded the previous question upon the passage
of the original bill and Mr. Johnson's amendment; which demand
was not sustained.
Yeas 27
Nays 35
Representatives voting in the affirmative are:
I • Messrs. Armstrong, Bieknell, Brazelton, Butler, Caldwell, Critz,
Dudley, Ford, Gillespie, Gorman, Greene, Havron, Johnson, Ken-
ner, Kincaid of Anderson, Morphis, Norman, Richardson, Russell,
Senter, Smith, Sowell, Trewhitt, Williams of Hickman, Williams
of Knox, Wisener and Mr. Woodard.
Those voting in the negative are :
Messrs. Baker of Perry, Barksdale, Bayless, Bennett, Cheatham,
Cowden, Doak, East, Ewing, Farley, Farrelly, Frazier, Gantt, Har-
ris, Hebb, Hurt, Ingram, Lea, Lockhart, Martin, Mayfield, McCabe,
Morris, Nail, Porter, Roberts, Sheid, Shrewsbury, Trevitt, Vaughn,
White of Davidson, Williams of Franklin, Williamson, Woods
and Mr. Speaker Whitthorne.
The following message was received from the Senate:
Mr. Speaker :
The Senate has passed on third reading Senate Bill, No. 13, to
amend an act passed 23d March, 1860, entitled an act to encour-
age the use of private capital, and the same is herewith transmit-
ted for the action of the House of Representatives.
The Senate has considered House amendments to Senate Bill
No. 10, for the relief of Railroad Companies and Receivers, and
have concurred in all of said amendments except the one making
it unlawful for a receiver to hold any other office in connection
with the road for which he is Receiver, and making it the duty of
the Governor to appoint a Superintendent as well as a Receiver;
211
in which amendment the Senate non-concurs. The bill and
amendments are herewith transmitted for the further action of the
House of Representatives.
The Senate has passed on third reading Senate Bill No. 20, to
authorize the Bank of Tennessee to distribute one million of dol-
lars in notes, and loan money on twelve months' credit, and the
same is herewith transmitted for the action of the House of Rep-
resentatives.
The Senate has adopted Senate Resolution No. 29, providing
for the printing of the Acts and Journals of the General Asssm-
bly of Tennessee, 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, enrolled act incorporating a Military Department in
Andrew College, and the Memphis Arms Company, and enrolled
joint resolution directory to the Commissioners recently elected by
the General Assembly, and the same are herewith transmitted.
The Speaker of the Senate has signed enrolled joint resolution
to adjourn sine die ; joint resolution for the relief of James R.
Gardner, and joint resolution for the relief of N. G. Philips, of
Carroll county, and the same have been deposited in the office of
the Secretary of State.
I am directed to transmit to the House of Representatives a
memorial from many citizens of Lincoln county, praying the re-
peal of the stay law passed at the present session.
Mr. East offered the following bill in lieu of the bill and amend-
ments:
Be it enacted by the Q-eneml Assembly of the State of Tennessee,
That from and after the passage of this act the rate of interest
shall not exceed six per cent, per annum.
Be it -further enacted, That all bills, bonds, notes or other evi-
dences of indebtedness, founded upon real transactions, and all
judgments and decrees may be discounted at any rate agreed upon
by the parties.
Be it further enacted, That all persons discounting any bill,
bond, note or other evidence of indebtedness not founded upon a
real transaction paper, at a rate higher than six per cent, per an-
num, shall be declared affected v\ith notice, as all above that
amount shall be deemed usurious, and the party discounting the
same shall be subject to presentment or indictment, as well as
the person or persons selling the same ; Provided, That nothing
in this act shall be so construed as to affect contracts now existing.
Which was adopted.
Yeas • • • - 33
Nays — 32
Representatives voting in the Affirmative are:
Messrs. Bayless, Bennett, Bicknell, Brazelton, Caldwell, Critz,
212
Davis, Doak, Dudley, East, Ford, Gillespie, Gorman, Havron,
Johnson, Kenner, Kincaid ot Anderson, Martin, Mayfield, Morris,
Morphis, iNorman, Pickett, Richardson, Center, Shrewsbury, Tre-
vitt, Trewhitt, White of Davidson, Whitmore, Williams of Knox,
Woodard and Mr. Speaker Whitthorne.
Those voting in the negative are:
Messrs. Armstrong, Baker of Perry, Barksdale, Butler, Cheat-
ham, Cowden, Ewing, Farley, Farrelly, Frazier, Gantt, Greene,
Harris, Hebb, Hurt, Ingram, Lea, Lockhart, McCabe, Nail, Porter,
Roberts, Russell, Sheid, Smith, Sovvell, Vaughn, Williams of
Franklin, Williams of Hickman, Williamson, Wisener, and Mr.
Woods.
Mr. Doak moved a re-consideration of the vote adopting Mr.
East's bill in lieu ; which motion failed.
Yeas 29
Nays 34
Representatives voting in the affirmative are :
Messrs. Armstrong, Baker of Perry, Barksdale, Bennett, Cow-
den, Doak, Ewing, Farley, Farrelly, Frazier, Gantt, Harris, Hebb,
Hurt, Ingram, Lea, Lockhart, McCabe, Nail, Porter, Roberts,
Sheid, Smith, Sowell, Vaughn,Williams of Franklin, Williams of
Hickman, Wisener, and Mr. Woods.
Those voting in the negative are :
Messrs. Bayless, Bicknell, Brazelton, Butler, Caldwell, Cheat-
ham, Critz, Davis, Dudley, East, Ford, Gillespie, Gorman, Hav-
ron, Johnson, Kenner, Kincaid of Anderson, Martin, Mayfield,
Morris, Morphis, Norman, Pickett, Richardson, Russell, Senter,
Shrewsbury, Trevitt, Trewhitt, White of Davidson, Whitmore,
Williams of Knox, Woodard, and Mr. Speaker Whitthorne.
..The bill was then rejected.
Yeas • 29
Nays 32
.^Representatives voting in the affirmative are:
Messrs. Barksdale, Bennett, Bicknell, Brazelton, Butler, Cald-
<well, Cheatham, Davis, Doak, Dudley, East, Gantt, Gillespie,
Havron, Johnson, Martin,* Mayfield, McCabe, Morris, Morphis,
.Pickett, Richardson, Shrewsbury, Trewhitt, White of Davidson,
Whitmore, Williams of Knox, Woodard, and Mr. Speaker Whit-
thorne.
Those voting in the negative are :
Messrs. Armstrong, Baker of Perry, Bayless, Cowden, Critz,
Ewing, Farley, Farrelly, Ford, Frazier, Gorman, Greene, Harris,
Hebb, Ingram, Kenner, Lea, Lockhart, Nail, Porter, Roberts, Rus-
sell, Senter, Sheid, Smith, Sowell, Trevitt, Vaughn, Williams of
.Franklin, Williamson, Wisener, and Mr. Woods.
213
The following message was received from the Senate:
Mr. Speaker:
Tfce Senate has considered House amendments to Senate Bill,
No. 4, to give the banks further time to resume specie payments,
and have concurred in all of said amendments except Nos. 2 and
6, in which it non concurs. The bill and amendments are here-
with returned for the further consideration of the House of Rep-
resentatives.
I am directed to transmit to the House of Representatives a
memorial from the citizens of Wilson county, praying the uncon-
ditional repeal of the stay law passed at the pressent session of
the General Assembly.
Senate Message—being the non-concurrence of the Senate to
House amendments Nos. 2 and 6, to Senate Bill, No. 4, to give
the banks further time to resume specie payments. The House
receded from House amendment No 2. House amendment No.
6, introduced by Mr. Bicknell, was then receded from by the
House.
Yeas ... .40
Nays 23
Representatives voting in the affirmative are:
Messrs. Baker of Perry, Bennett, Caldwell, Cheatham, Cowden,
Davis, Doak, Dudley, Bast, Ewing, Farley, Farrelly, Ford, Gantt,
Harris, Hebb, Hurt, Ingram, Johnson, Kenner, Lea, Martin, May-
field, McCabe, Morphis, Norman, Pickett, Porter, Richardson,
Roberts, Sheid, Shrewsbury, Smith, White of Davidson, Whit-
more, Williams of Franklin, Williamson, Wisener, Woods, and Mr.
Speaker Whitthorne.
Those voting in the negative are :
Messrs. Armstrong, Barksdale, Bayless, Brazelton, Bicknell,
Britton, Critz, Frazier, Gillespie, Gorman, Greene, Havron, Kin-
caid of Anderson, Lockhart, Morris, Nail, Russell, Senter, Sowell,
Trevitt, Trewhitt, Vaughn, and Mr. Woodard.
Mr. Farrelly presented a memorial from the Chamber of Com-
merce of the city of Memphis, protesting against the relief law
just enacted, and the law repealing the 12£ per cent, on appeals
to the Supreme Court; which was read and ordered to be trans-
mitted to the Senate.
Protests were read from numerous citizens of Wilson and Lin-
coin counties, against the Relief Bill; which were read and laid
upon the table.
Mr. Johnson called up the motion to reconsider the vote reject
ing Hou-ie Bill, No. 28, authorizing the Sheriff of Hawkins county
to appoint two additional deputies. The motion to reconsider
prevailed.
Mr. Richardson offered the following amendment:
214
Also, the Sheriff of Dyer county is hereby authorized to appoint
two additional deputies ; which was adopted.
The bill as amended then passed third reading, and was ordered
to be transmitted to the Senate.
Senate Bill, No. 7, to incorporate the Memphis Jfight Dragoon
Company, was taken up.
Mr. Farrelly, by leave of the House, withdrew his amendment,
" incorporating the Western Foundry and Machine Company,"
at Memphis.
The bill then passed its third reading and was ordered to be
transmitted to the ►Senate.
House Bill, No. 40, that will truly relieve the people, was in-
formally passed over.
House Bill, No. 41, to allow the Sheriff of Hawkins county two
additional deputies, was laid upon the table. t
House Bill, No. 44, " to amend and construe an act prescribing
the remedy for the collection of debts and the rebel of the people,"
passed its third reading.
Yeas 31
Nays 26
Representatives voting in the affirmative are:
Messrs. Armstrong, Barksdale, Bayless, Bennett, Caldwell,
Cheatham, Davis, Dudley, East, Ford, Gantt, Gorman, Greene,
Havron, Hebb, Kenner, Kincaid of Anderson, Lockhart, May field,
Porter, Richardson^ Roberts, Sheid, Smith, Sowell, Trevitt, White
of Davidson, Williams of Knox, Wisener, Woods and Mr. Speaker
Whitthorne.
Those voting in the negative are :
Messrs. Baker of Perry, Bicknell, Brazelton, Butler, Cowden,
Doak,Ewing, Farley, Farrelly, Frazier, Gillespie, Harris, Ingram,
Johnson, Lea, Martin, McCabe, Morphis, Nail, Russell, Senter,
Trewhitt, Vaughn, Whitmore, Williams of Franklin, and Mr.
Woodard.
The bill was ordered to be transmitted to the Senate.
On motion of Mr. Mayfield, the House adjourned until 2
o'ch ck, p. m.
215
AFTERNOON SESSION.
Senate Bill No. 13, to amend an act passed 23d March, 1860,
passed its first reading.
Senate Bill No 12, for the relief of justices of the peace, was
taken up.
r. Gantt offered the following amendment:
Be it enacted, That the remedy by motion for the non-return,
or insufficient return, of executions, is hereby repealed ; but this
act shall apply only to cases where the debtor avails himself of
the benefit of the act passed Jan. 26, 1861, to provide a remedy
for the collection of debts and for the relief of the people, and it
shall not apply where the money has been collected, and shall
cease to operate on the first day of July, 1862. This act shall
take effect from and after its passage.
Which was adopted.
Mr. Wisener offered the following amendment:
Be it further enacted, That hereafter judgments by motion
against sheriffs, and other collecting officers, for the non-return,
or for an insufficient return, shall be only for the amount of the
execution, and legal interest thereon, and for no more ; and that
appeals from judgments and decrees, against principals and their
sureties, for the purchase of real estate under decrees of the dif-
fefent courts of this State, may be allowed, according to the prac-
tice now in force in appeals from decrees enforcing vendors' liens.
Which was adopted.
Mr. Gantt demanded a division of the question on the passage
of the bill,
The first four sections of the bill then passed third reading.
Yeas 40
Nays 18
Representatives voting in the affirmative are:
Messrs. Baker of Perry, Barksdale, Bayless, Bennett, Brazelton,
Britton, Cheatham, Cowden, Critz, Davis, Dudley, East, Ewing,
Ford, Frazier, Gantt, Greene, Havron, Hebb, Johnson, Kincaid of
Anderson, Martin, Mayfield, McCabe, Morris, Morphis, Nail,
Pickett, Porter, Roberts, Senter, Sheid, Smith, Sowell, Trevitt,
Trewhitt, Vaughn, White of Davidson, Whitmore, Williams of
Franklin and Mr. Speaker Whitthorne.
Those voting in the negative are:
Messrs. Bicknell, Butler, Caldwell, Farley, Farrelly, Gillespie,
Gorman, Harris, Hurt, Ingram, Richardson, Russell, Williams of
Hickman, Williamson, Wisener and Mr. Woodard.
216
Mr. Morris demanded a division of the question on the remain-
ing section.
And the first proposition of section 5 was rejected.
Representatives voting in ihe affirmative are :
Messrs. Cowden, Doak, Dudley, Ford, Hebb, Kincaid of An-
derson, Morris, Trewhitt, White of Davidson and Mr. Wisener.
Those voting in the negative are:
Messrs. Baker of Perry, Barksdale, Bayless, Bennett, Bicknell,
.Brazelton, Britton, Butler, Caldwell, Cheatham, Critz, East, Ew-
ing, Farley, Farrelly, Frazier, Ganti, Gillespie, Gorman, Greene,
Harris, Havron, Hurt, Ingram, Johnson, Kenner, Lea, Lockhart,
Martin, Mayfield, McCabe, Morphis, Nail, Porter, Richardson,
Roberts, Russell, Senter, Sheid, Smith, Sowell, Trevitt, Vaughn,
Whitmore, Williams of Franklin, Williams of Hickman, William-
son, Woods, Woodard and Mr. Speaker Whitthorne.
The last proposition of section 5 was then rejected.
Representatives voting in the affirmative are :
Messrs. Dudley, Gantt, Hebb, Morris, Russell, Trewhitt, White
of Davidson, and Mr. Wisener.
Those voting in the negative are ;
Messrs. Armstrong, Baker of Perry, Barksdale, Bayless, Ben-
nett, Bicknell, Brazelton, -Britton, Butler, Caldwell, Cheatham,
Cowden, Critz, Davis, Doak, East, Ewing, Farley, Farrelly, Ford,
Frazier, Gillespie, Gorman, Greene, Harris, Havron, Hurt, In-
gram, Johnson, Kenner, Kincaid of Anderson, Lea, Lockhart,
Martin, Mayfield, McCabe, Morphis, Nail, Porter, Richardson,
Roberts, Senter, Sheid, Shrewsbury, Smith, Trevitt, Vaughn,
Whitmore, Williams of Franklin, Williams of Hickman, Wil-
liamson, Woods, Woodard and Mr. Speaker Whitthorne.
Senate Message, being Senate Resolution, No. 28, for the re-
lief of the securities of C. Green, deceased, was concurred in by
the House.
Senate Message, being Senate Resolution No. 29, providing for
the printing of the Acts and Journals of the General Assembly of
Tennessee, was concurred in by the House.
Senate Message, being Senate amendment to House Bill, No. 1,
to repeal an act passed 21st day of February, 1860, was non-
concurred in by the House.
Yeas 26
Nays 36
Representatives voting in the affirmative are :
Messrs. Baker of Perry, Cheatham, Cowden, Doak, Ewing, Far
Yeas
Nays
10
50
Yeas
Nays
8
54
217
ley, Farrelly, Frazier,*Gantt, Hebb, Hurt, Ingram, Lea, Lock-
hart, McCabe, Nail, Porter, Roberts, Sheid, Shrewsbury, Smith,
White of Davidson, Williams of Franklin, Williams of Hickman,
Williamson, and Mr. Woods.
Those voting in the negative are:
Messrs. Armstrong, Barksdale, Bayless, Bennett, Bicknell, Braz-
elton, Butler, Caldwell, Critz, Davis, Dudley, East, Ford, Gilles-
pie, Gorman, Greene, Harris, Ilavron, Johnson, Kenner, Kincaid
of Anderson, Martin, Mayfield, Morris, Morphia, Richardson, Rus-
sell, Senter. Trevitt, Trewhitt, Vaughn, Whitmore, Williams of
Knox, Wisener. Woodard and Mr. Speaker Whitthorne.
Senate Bill, No. 20, to authorize the Bank of Tennessee to dis-
tribute one million of dollars of notes, and loan money on twelve
months credit; passed first reading.
The Committee on Enrolled Bills made the following report:
The Committee on Enrolled Bills have examined House Bills
Nos. 26, 32, 34 and 39, and find them correctly engrossed.
The Committee on Enrolled Bills, have examined and compared
House Bills, Nos. 28 and 44, with the original copies of the same,
and find them correctly engrossed.
H. C. LOCKHART, Chairman.
Senate Bill, No. 9, to enable the State of Tennessee to repel
invasion and suppress insurrection, was taken up.
Mr. Dudley offered the following bill in lieu:
Be it enacted by the General Assembly of the State of Tennessee,
That the tax on polls and privileges be doubled, and a tax of
three cents on the one hundred dollars worth of property in the
State, in addition to the taxes now levied, be, and the same is
hereby levied and ordered to be collected for the present year,
and the same is hereby appropriated, or so much thereof as may
be necessary to the purchase of three batteries of light artillery,
eight guns each, and ten thousand stand of arms, to be selected
of the most improved patterns, with all necessary munitions, ac-
coutrements, &c. Provided, Said arms may be distributed to or-
ganized volunteer companies, in the order in which they may ap-
ply for the same. Provided always, They shall be distributed
according to quota of population to the three grand divisions of
the State : Provided, That only so much of said fund shall be
expended as the Governor may deem advisable. Provided fur•
ther, That the Governor may anticipate the collection of this ap-
propriation, by borrowing means from the several banks of this
State, said loan to be refunded out of the levy here made.
Mr. Hebb offered an amendment to the bill in lieu.
Whereupon, Mr. Morris moved to indefinitely postpone the bill;
which motion prevailed.
Yeas 32
Nays 31
218
Representatives voting in the affirmative are : -
Messrs. Armstrong, Bicknell, Brazelton, Butler, Caldwell, Cheat-
ham, Davis, East, Ewing, Farrelly, Gillespie, Gorman, Greene,
Havron, Johnson, Kenner, Kincaid of Anderson. Mayfield, Mc-
Cabe, Morris, Morphis, Norman, Richardson, Russell, Senter,
Shrewsbury, Trewhitt, Williams of Franklin, Williams of Knox,
Williamson, Wisener and Mr. Woodard.
Those voting in the negative are :
Messrs. Barksdale, Bay less, Bennett, Cowden, Critz, Doak, Dud-
ley, Farley, Ford, Frazier, Gantt, Harris, Hebb, Hurt, Ingram, Lea,
Lockhart, Martin, Nail, Pickett, Porter, Roberts, Sheid, Smith,
Sowell, Trevitt, Vaughn, Whitmore, Williams of Hickman, Woods
and Mr. Speaker Whitthorne.
Mr. White of Davidson was paired off with Mr. Davidson.
Mr. Ewing moved to reconsider the vote indefinitely postponing
the bill, and to lay that motion upon the table ; which motion
failed.
Yeas 31
Nays 31
Representatives voting in the affirmative are:
Messrs. Armstrong, Bicknell, Brazelton, Butler, Caldwell, Cheat-
ham, Davis, East, Ewing, Gillespie, Gorman, Greene, Havron,
Harris, Johnson, Kenner, Kincaid of Anderson, McCabe, Morris,
Morphis, Norman, Richardson, Russell, Senter, Shrewsbury, Trew-
hitt, Williams of Franklin, Williams of Knox, Williamson, Wise-
ner and Mr. Woodard.
Those voting in the negative are :
Messrs. Barksdale, Bayless, Bennett, Cowden, Critz, Doak, Dud-
ley, Farley, Farrelly, Ford, Frazier, Gantt, Hebb, Hurt, Ingram,
Lea, Lockhart, Martin, Mayfield. Nail, Pickett, Porter, Roberts,
Sheid, Smith, Sowell, Vaughn, Whitmore, Williams of Hickman,
Woods and Mr. Speaker Whitthorne.
Mr. Baker of Perry was paired off with Mr. Bledsoe.
Mr. Pickett moved to adjourn until to-morrow morning; which
motion failed.
Yeas 8
Nays « • • • „ 55
Representatives voting in the affirmative are :
Messrs. Bennett, Cowden, Critz, Farrelly, Frazier, Gantt, Hebb
and Mr. Williams of Franklin.
Those voting in the negative are :
Messrs. Baker of Perry, Barksdale, Bicknell, Brazelton, Britton,
Butler, Caldwell, Cheatham, Davis, Doak, Dudley, East, Ewing,
Farley, Ford, Gillespie, Gorman, Greene, Harris, Havron, Hurt,
Ingram, Johnson, Kenner, Kincaid of Anderson, Lea, Lockhart,
Martin, Mayfield, McCabe, Morris, Morphis, Nail, Norman,
219
Pickett, Porter, Richardson, Roberts, Russell, Senter, Sheid,
Shrewsbury, Smith, Sowell, Trevitt, Trewhitt, Vaughn, Whitmore,
Williams of Hickman, Williams of Knox, Williamson, Wisener,
Woods, Woodard and Mr. Speaker Whitthorne.
Mr. Farrelly moved to postpone the motion to reconsider until
to morrow morning 10 o'clock; which motion failed.
Yeas 24
Nays 38
Representatives voting in the affirmative are:
Messrs. Barksdale, Bayless, Bennett, Cowden, Critz, Doak, Far-
relly, Frazier, Gantt, Harris, Hebb, Hurt, Ingram, Lea, Mayfield,
Nail, Pickett, Porter, Roberts, Sheid, Sowell, Vaughn, Whitmore
and Mr. Woods.
Those voting in the negative are : -
Messrs. Armstrong, Bieknell, Brazelton, Butler, Caldwell, Cheat-
ham, Davis, Dudley, East, Ewing, Farley, Ford, Gillespie, Gor-
man, Greene, Havron, Johnson, Kenner, Kincaid of Anderson,
Lockhart, Martin, McCabe, Morris, Morphis, Norman, Richard-
son, Russell, Senter, Shrewsbury, Smith, Trevitt, Trewhitt, Wil-
liams of Hickman, Williams of Knox, Williamson, Wisener,
Woodard and Mr. Speaker Whitthorne.
The motion to reconsider then failed.
Yeas *30
Nays 33
Representatives voting in the affirmative are:
Messrs. Barksdale, Bayless, Bennett, Cowden, Critz, Doak, Dud-
ley, Farley, Farrelly, Frazier, Gantt, Harris, Hebb, Hurt, Ingram,
Lea, Lockhart, Martin, Nail, Pickett, Porter, Roberts, Sheid, Smith,
Sowell, Vaughn, Whitmore, Williams of Hickman, Woods and
Mr. Speaker Whitthorne.
Those voting in the negative are:
Messrs. Armstrong, Bieknell, Brazelton, Butler, Caldwell, Cheat-
ham, Davis, East, Ewing, Ford, Gillespie, Gorman, Greene, Hav-
ron, Johnson, Kenner, Kincaid of Anderson, Mayfield, McCabe,
Morris, Morphis, Norman, Richardson, Russell, Senter, Shrewsbu-
ry, Trevitt, Trewhitt, Williams of Franklin, Williams of Knox,
Williamson, Wisener and Mr. Woodard.
Senate Bill No. 17, an act for the relief of tax payers.
Mr. Lockhart offered the following amendment:
Fill up the blanks in first section, so as to make the bill read
thus : That section 32 of an act passed 24th day of March, 1860.
Mr. East moved to refer the bill to the Committee on Capitol
and Capitol Grounds; which motion failed.
Mr. Cheatham moved to lay the bill and amendments on the
table; which motion failed.
Yeas 19
Nays 42
220
Representatives voting in the affirmative are :
Messrs. Bicknell, Butler, Caldwell, Cheatham, Dudley, East,
Ewing, Farrelly, Gillespie, Harris, Kenner, Norman, Richardson,
Trewhitt, White of Davidson, Whitmore, Williams of Franklin,
Williams of Knox, Williamson, Wisener and Mr. Speaker Whit-
thorne.
Those voting in the negative are:
Messrs. Armstrong, Baker of Perry, Barksdale, Rayless, Ben-
nett, Brazelton, Britton, Cowden, Critz, Davi-, Doak, Farley, Ford,
Frazier, Gantt, Gorman, Greene, Havron, Hebb, Hurt, Ingram,
Johnson, Lea, Lockhart, Martin, Mayfield, McCabe, Morphia, Pick-
ett, Roberts, Russell. Senter, Sheid, Shrewsbury, Smith, Sowell,
Trevitt, Vaughn, Williams of Hickman, Woods and Mr. Woodard.
The following message was received from the Senate :
Mr. Speaker:
The Senate has amended and passed on third reading House
Bill No. 17, to repeal the act of 1857, chapter 32, abolishing mil-
itary duty, and the same is herewith returned for the further ac-
tion of the Plouse of Representatives.
The Senate has passed on third reading House Bill No. 20, to
amend an act passed 22d March, 1860, and for other purposes,
and the same is herewith returned for enrolment.
The Senate has receded from its bill in lieu of House Bill No.
1, to repeal an act passed on the 21st day of February, 1860, en-
titled an act to amend the usury laws of the State, and to estab-
lish a conventional rate of interest, and has passed the original
bill on its third reading, and tiie same is herewith returned for en-
rolment.
The Senate has amended and passed on third reading House
Bill No. 35, to defray the expenses of the General Assembly, and
the same is herewith returned for the further action of the House
of Representatives.
The Speaker of the Senate has signed enrolled act incorpora-
ting a Military Department in Andrew College, and the Memphis
Arms Company, and enrolled joint resolution directory to the
Commissioners to a Southern Convention, and the same have
been deposited in the office of the Secretary of State.
On motion, the House adjourned until to-morrow morning 10
o'clock.
221
FRIDAY MORNING, FEBRUARY 1, 1861.
The House met pursuant to adjournment.
Mr. Speaker Whitthorne in the Chair.
The Journal of yesterday was read and approved.
Mr. Martin presented a memorial from sundry citizens of Wil-
son county, adverse to the repeal of the relief law just enacted ;
which was ordered to be transmitted.
Mr. Lockhart, from the Committee on Enrolled Bills, made the
following report:
The Committee on Enrolled Bills have examined and compared
House Bills, Nos. 1 and 20, with the engrossed copies of the same,
and find them correctly enrolled, and ready for the signature of
Mr. Morphis offered House Resolution No. —, as follows:
Resolved by the Creneral Assembly of the State of Tennessee,
That the two Houses stand adjourned sine die on Saturday the 2d
day of Feb. 1861, at 12 o'clock M.
Which resolution lies over under the rule.
Mr. Hebb moved to suspend the rules to take up the consider^-
tion of bis resolutions ; which motion failed.
The unfinished business of yesterday was then resumed—being
Senate Bill No. 17, to relieve tax payers—the question being on
the amendment of Mr. Lockhart. Mr. Lockhart's amendment
was adopted.
Mr. Butler offered the following amendment:
Be it further enacted, That the Commissioners shall receive all
the rock that are prepared for the Capitol by the Penitentiary, and
take charge of the same.
Mr. Barksdale demanded the previous question; which demand
was sustained.
Representatives voting in the affirmative are:
Messrs. Armstrong, Baker of Perry, Barksdale, Bayless, Ben-
nett, Covvden, Doak, Farley, Ford, Frazier, Gantt, Gorman, Har-
ris, Hebb, Hurt, Ingram, Lockhart, Mayfield, Nail, Pickett, Rob-
erts, Sheid, Shrewsbury, Smith, Sowell, Trevitt, Vaughn, Whit-
more, Williams of Franklin, Williams of Hickman, Woods, and
Mr. Woodard.
Those voting in the negative are :
Messrs. Bicknell, Brazelton, Butler, Caldwell, Cheatham, Dud-
ley, East, Ewing, Farrelly, Gillespie, Greene, Johnson, Kincaid of
Anderson, Martin, Morris, Morphis, Norman, Richardson, Russell,
the Speaker.
H. C. LOCKHART, Chairman.
Yeas
Nays
32
25
222
xjewhitt, White of Davidson, Williamson, Wisener, and
Mr. Speaker Whitthorne,
The bill then passed a third reading.
Yeas 30
Nays 28
Representatives voting in the affirmative are:
Messrs. Armstrong, Baker of Perry, Barksdale, Bayless, Ben-
nett, Britton, Cowden, Doak, Farley, Ford, Frazier, Gantt, Gorman
Havron, Ingram, Lockhart, Mayfield, Nail, Pickett, Roberts, Rus-
sell, Senter, Sheid, Smith, Sowell, Trevitt, Vaughn, Williams of
Hickman, Woods, and Mr. Woodard.
Those voting in the negative are:
Messrs. Bicknell, Brazelton, Butler, Caldwell, Cheatham, Davis,
Dudley, East, Ewing, Farrelly, Gillespie, Harris, Hebb, Johnson,
Kincaid of Anderson, Martin, Morris, Norman, Porter, Richard-
son, 1"Shrewsbury, Trewhitt, White of Davidson, Williams of
Franklin, Williams of Knox, Williamson, and Mr. Speaker Whit-
thorne.
On motion of Mr. Williams of Hickman, the bill was ordered
to be transmitted to the Senate.
Mr. Wisener was paired off with Mr. Lea.
Senate Messages, being the non-concurrence of Senate to House
amendments to Senate Bill, No 10, for the relief of Railroad
Companies and Receivers, was taken up.
Mr. Williams of Hickman moved to adhere to House amend-
ments, and appoint a Committee of Conference; which motion
failed.
A motion to recede prevailed.
Yeas 36
Nays 20
Representatives voting in the affirmative are :
Messrs. Armstrong, Barksdale, Bicknell, Butler, Caldwell,
Cheatham, Cowden, Davis, Dudley, East, Ewing, Frazier, Gantt,
Gillespie, Gorman, Greene, Havron, Hurt, Kincaid of Anderson,
Martin, Mayfield, Morris, Morphis, Nail, Norman, Pickett, Rich-
ardson, Russell, Sheid, Shrewsbury, Trevitt, White of Davidson,
Whitmore, Williams of Knox, Wisener and Mr. Woodard.
Those voting in the negative are :
Messrs. Baker of Perry, Barksdale, Bayless, Bennett, Doak,
Farley, Farrelly, Ford, Harris, Ilebb, Ingram, Lockhart, Porter,
Roberts, Smith, Sowell, Trewhitt, Vaughn, Williams of Franklin,
Williams of Hickman, Williamson, Wood, and Mr. Speaker Whit-
thorne.
Senate amendments to House Bill, No. 17, to repeal the act of
1857, ch. 32, abolishing military duty was taken up.
223
Senate amendment Nov 1, authorizing the Governor to raise
three artillery companies, was concurred in by the House.
Yeas 32
Nays 28
Representatives voting in the affirmative are:
Messrs. Baker of Perry, Barksdale, Bayless, Cowden, Doak,
Dudley, Farley, Farrelly, Frazier, Gantt, Harris, Hebb, Hurt,
Ingram, Lockhart, Martin, Mayfield, NaJl, Pickett, Porter, Rob-
erts, Sheid, Smith, Sowell, Trevitt, Vaughn, White of Davidson,
Whitmore, Williams of Hickman, Woods, and Mr. Speaker
Whitthorne.
Those voting in the negative are:
Messrs. Armstrong, Bicknell, Brazelton, Butler, Caldwell,
Cheatham, Davis, East, Ewing, Gillespie, Gorman, Greene, Hav-
ron, Johnson, Kincaid of Anderson, Morris, Morphis, Norman,
Richardson, Russell, Senter, Shrewsbury, Trewhitt, Williams of
Franklin, Williams of Knox, Williamson, Wisener, and Mr.
Woodard.
Mr. Bennett, who was in favor of concurring, was paired off
with Mr. Kenner.
Mr. Britton was paired off with Mr. Baker of Weakley."
3Phe other amendment of the Senate was non-concurred in by
the House.
Senate amendments to House Bill, No. 35, to defray the ex-
penses of the General Assembly, was taken up. Senate amend-
ment for the benefit of boy Buck, was non-concurred in by the
House: And, on motion of Mr. Trewhitt, was reconsidered and
concurred in. Amendment, providing compensation for delegates
to Washington city, was concurred in by the House.
Yeas 32
Nays 26
Representatives voting in the affirmative are :
Messrs. Barksdale, Bennett, Bicknell, Caldwell, Cheatham
Davis, Dudley, East, Ewing, Gantt, Farley, Farrelly, Ford, Frazier,
Gantt, Gillespie, Gorman, Greene, Harris, Havron, Hebb, Hurt,
Martin, Nail, Norman, Porter, Richardson, Roberts, Shrewsbury,
Trewhitt, White of Davidson, Williams of Knox, Woods, and
Mr. Woodard.
| .Those voting in the negative are:
Messrs. Armstrong, Baker of Perry, Bayless, Brazelton, Cowden,
Doak, Ingram, Johnson, Kincaid of Anderson, Lockhart, May-
field, Morris, Pickett, Russell, Senter, Sheid, Smith, Sowell, Tre-
vitj, Vaughn, Whitmore, Williams of Franklin, Williams of Hick-
man, Williamson, Wisener, and Mr. Speaker Whitthorne.
Senate amendment to House Bill, No. 29, reducing the rate of
interest from 12J per cent, to six in cases of appeal, was non-
concurred in by the House.
224
Yeas] '• 15
2?ays 42
Representatives voting in the affirmative are:
Messrs. Armstrong, Baker of Perry, Cheatham, East, Ewing,
Farley, Farrelly, Greene, Harris, Hurt, Ingram, Norman, Whit*
more, Williams of Knox, and Mr. Woodard.
Those voting in the negative are :
Messrs. Barksdale, Bay less, Bennett, Bicknell, Brazelton, Brit-
ton, Butler, Caldwell, Cowden, Davis, Doak, Dudley, Ford, Fra-
zier, Gantt, Gorman, Havron, Hebb, Johnson, Kincaid of Ander-
son, Lockhart, Martin, Mayfield, Morris, Morphis, Nail, Pickett,
Roberts, Russell, Senter, Sheid, Shrewsbury, Smith, Sowell, Tre-
vitt, Trewhitt, Vaughn, White of Davidson, Williams of Franklin,
Wisener, Woods, and Mr. Speaker Whitthorne.
Mr. Williams of Hickman was paired with Mr. McCabe.
Mr. Johnson moved to reconsider the vote non-concurring;
which, on motion of Mr. Cowden, was laid upon the table.
House Bill, No. 40, providing for the issuance of post notes,
was superceded by Senate Bill containing the same subject mat-
ter.
The following message was received from the Senate:
Mr. Speaker :
The Senate has amended and passed on third reading, House
Bill, No. 29, reducing the rate of interest from 12£ per cent to
six, in cases of appeal; and the same is herewith transmitted for
the further action of the House.
I am directed by the Senate to transmit a petition from citizens
of Morgan county, on the subject of the removal of their Court
House from Montgomery to Wartberg ; also, a petition from citi-
zens of Hamilton county, praying the repeal of the stay law,
passed at the present session of the General Assembly; and the
same is herewith transmitted.
I am directed by the Senate to transmit for the signature of
the Speaker of the House of Representatives, enrolled joint reso-
lution providing for the printing of the Acts and Journals of the
present General Assembly; and joint resolution for the relief of
the securities of C. Green, deceased ; also, enrolled act to give
the Banks further time to resume specie payments, and to enable
them to accommodate the people ; and enrolled act to incorpo-
ate the Memphis Light Dragoon Company; and the same is
herewith transmitted.
I am directed by the Senate to transmit a communication from
the Hon. Geo. W. Jones, declining to serve as Commissioner from
the Sixth Congressional District to a convention of slaveholding
States.
225
The motion to reconsider Senate Bill, No. 11, incorporating the
Southern Savings Institution of Memphis; failed.
Senate Bill, No. 13, to amend an act passed 23d March, 1860,
entitled, An act to encourage the use of private capital; was re-
jected.
Senate Bill, No. 20, authorizing the Bank of Tennessee to dis-
tribute one million dollars of notes, and loan money on twelve
months credit, was taken up.
Mr. Armstrong moved to indefinitely postpone the bill; which
motion failed.
Yeas 22
Nays 37
Representatives voting in the affirmative are:
Messrs. Armstrong, Baker of Perry, Brazelton, Britton, Doak,
East, Frazier, Greene, Harris, Ingram, Johnson, Lockhart, May-
field, Morphis, Nail, Porter, Richardson, Roberts, Senter, Shrews-
bury, Sowell and Mr. Speaker Whitthorne.
Those voting in the negative are :
Messrs. Barksdale, Bayless, Bennett, Bicknell, Butler, Caldwell,
Cheatham, Cowden, Davis, Dudley, Ewing, Farley, Farrelly,
Gantt, Gorman, Havron, Hebb, Hurt, Kincaid of Anderson, Martin,
Morris, Norman, Pickett, Russell, Sheid, Smith, Trevitt, Trewhitt,
Vaughn, White of Davidson, Whitmore, Williams of Franklin,
Williams of Hickman, Williams of Knox, Wisener, Woods and
Mr. Woodard.
The bill then passed its second reading.
Mr. Hurt moved to reconsider the vote passing the bill; which
motion prevailed.
Yeas 32
Nays 24
Representatives voting in the affirmative are :
Messrs. Armstrong, Baker of Perry, Brazelton, Britton, Cald-
well, Doak, Dudley, East, Ewing, Farley, Farrelly, Ford, Frazier,
Greene, Harris, Hurt, Ingram, Johnson, Lockhart, Mayfield, Mor-
phis, Nail, Porter, Richardson, Roberts, Senter, Shrewsbury, Tre-
vitt, Whitmore, Williams of Knox, Woodard and Mr. Speaker
Whitthorne.
Those voting in the negative are :
Messrs. Barksdale, Bayless, Bennett, Bicknell, Cheatham, Cow-
den, Davis, Gantt, Gillespie, Gorman, Havron, Hebb, Kincaid of
Anderson, Morris, Norman, Russell, Sheid, Smith, Trewhitt,
Vaughn, White of Davidson, Williams of Franklin, Williams of
Hickman and Mr. Woodard.
The following message was received from the Senate :
Mr. Speaker:
The Senate has passed on third reading, House Bill, No. 37,
15 H
226
for the repeal of the 6tli section of chap. 125, of an act passed
13th March, I860; and the same is herewith returned for enrol-
inent.
The House has receded from its amendment to House Bill, No.
29, reducing the rate of interest from 12£ per cent, to six in cases
of appeal; and the bill is herewith returned for enrolment.
The Speaker of the Senate has signed enrolled act, to amend
an act passed 22d March, 1860, and for other purposes ; and en-
rolled act to repeal an act passed 21st February, 1860, entitled
An act to amend the* Usury Laws of this State, and to establish a
Conventional Rate of Interest; and the same have been depos-
ited in the office of the Secretary of State.
When, on motion of Mr. Trewhitt, the House adjourned until
2 o'clock P. M.
AFTERNOON SESSION.
Tickets were presented from the officers of the Nashville and
Northwestern Railroad Company to the officers and members of
the House, during the year ending January, 1862. The thanks of
the House were returned to the company for the courtesy.
The House resumed the consideration of the unfinished busi-
ness, being Senate Bill, No. 20, authorizing the Bank of Tennes-
see to distribute one million dollars of notes, &c.
Mr. Speaker Whitthorne, (Mr. Lockhart in the Chair,) offered
the following in lieu of the bill.
Be it enacted by the General Assembly of the State of Tennessee,
That the officers of the Union, Planters, and Bank of Tennessee,
be, and they are hereby authorized and empowered, at any time
before the first day of October next, to issue notes of their respec-
live corporations, in denominations not less than ten, nor more
than one hundred dollars, payable afterdate for periods not more
than two years, and which said notes shall be received in pay-
■ment of public dues to the State and county: Provided, That
the Union Bank does not issue more than one million of dollars
in such notes, and that the Planters' Bank does not issue more
than the same amount. And the Bank of Tennessee does not
issue more than one million and a half of dollars in such notes ;
which was adopted.
227
Yeas
Nays
33
21
Representatives voting in the affirmative are :
Messrs. Armstrong, Barksdalej Bayless, Bennett, Cowden, Doak,
Dudley, Ewing, Farley, Farreily, Frazier, Gantt, Greene, Harris,
Hebb, Hurt, Ingram, Lockhart, Morphis, Nail, Pickett, Porter,
Sheid, Shrewsbury, Smith, Sowell, Yaughn, White of Davidson,
Whitmore^ Williams of Hickman, Williams of Knox, Woods and
Mr. Speaker Whitthorne.
Those voting in the negative are:
Messrs. Bicknell, Brazelton, Britton, Caldwell, Critz, Davis,
East, Gillespie, Havron, Johnson, Kincaid of Anderson, Martin,
Mayfield, Morris, Norman, Roberts, Russell, Trewhitt, Williams of
Franklin, Wisener and Mr. Woodard.
Mr. Bicknell moved to lay the bill on the table ; which motion
failed.
Yeas 24
Nays 32
Representatives voting in the affirmative are:
Messrs. Armstrong, Baker of Perry, Bicknell, Brazelton, Britton,
Caldwell, Davis, Doak, Dudley, East, Frazier, Gillespie, Greene,
Hurt, Johnson, Kincaid of Anderson, Martin, Morphis, Norman,
Pickett, Porter, Roberts, and Mr. Woodard.
Those voting in the negative are :
Messrs. Barksdale, Bayless, Bennett, Cowden, Ewing, Farley,
Farreily, Gantt, Harris, Havron, Hebb, Lockhart, Mayfield, Mor-
ris, Nail, Russell, Sheid, Shrewsbury, Smith, Sowell, Trewhitt,
Yaughn, White of Davidson, Whitmore, Williams of Franklin,
Williams of Hickman, Williams of Knox, Wisener, Woods, and
Mr. Speaker Whitthorne. ^
The bill then passed its second reading.
Yeas 29
Representatives voting in the affirmative are ;
Messrs. Barksdale, Bayless, Bennett, Cowden, Crilz, Ewing,
Farley, Farreily, Gantt, Gillespie, Harris, Hebb, Ingram, Mayfield,
Nail, Russell, Sheid, Smith, Sowell, Trewhitt, Yaughn, White of
Davidson, Whitmore, Williams of Franklin, Williams of Hickman,
Williams of Knox, Wisener, Woods and Mr. Speaker Whitthorne.
Those voting in the negative are:
Messrs. Armstrong, Baker of Perry, Bicknell, Brazelton, Britton,
Caldwell, Davis, Doak, Dudley, East, Frazier, Gfeene, Havron,
Hurt, Johnson, Kincaid of Anderson, Lockhart, Martin, Morris,
Morphis, Norman, Pickett, Porter, Roberts, Shrewsbury, and Mr.
Woodard.
Nays
26
228
Senate Bill No. 12, for the relief of justices' of the peace,
passed third reading.
Representatives voting in the affirmative are :
Messrs. Baker of Perry, Barksdale, Bayless, Bennett, Brazelton,
Britton, Cowden, Critz, Davis, Doak, Dudley, East, Ewing, Fra-
zier, Gantt, Gillespie, Greene, Havron, Hebb, Johnson* Kincaid of
Anderson, Lockhart, xVlartin, Mayfield, Morris, Nail, Norman,
Pickett, Porter, Roberts, Russell, Sheid, Shrewsbury, Smith, So-
well, Trewhitt, Vaughn, White of Davidson, Whitmore, Williams
of Franklin, Williams of Hickman, Woods and Mr. Speaker
Whitthorne.
Those voting in the negative are :
Messrs. Armstrong, Bicknell, Caldwell, Farley, Farrelly, Harris,
Hurt, Ingram, Wisener and Mr. Woodard.
The bill was ordered to be transmitted to the Senate.
A petition from Hamilton county, in reference to the relief law,
was, on motion, laid upon the table.
A petition from citizens of Morgan county, in reference to re-
movai of their court house, was, on motion, laid upon the table.
On motion of Mr. Harris, the various committees of the House
were discharged.
A communication was read from Hon. Geo. W. Jones, declin-
ing the office of delegate to Washington, to which he was re-
cently elected by Convention of the two Houses of the Legisla-
ture.
By leave of the House, Mr. Gantt introduced the following
resolution:
Resolved by the General Assembly of the State of Tennessee, That
the Governor of Tennessee furnish to the delegates from Ten-
neesee to the Southern Conference certified copies of the several
resolutions on that subject, and officially notify said delegates of
their election by the General Assembly of Tennessee as delegates,
and that said copies and official notice by the Governor shall
constitute the credentials of said delegates to said Conference.
Which was adopted, and ordered to be transmitted to the
Senate.
House Resolution No. 19, directory to our Senators and Rep-
resentatives in Congress, was laid upon the table.
House Bill, No. 21, to protect Southern rights, was laid upon
the table.
House Resolution, No. 23, in regard to our federal relations was
laid upon the table.
House Resolution No. 35, on our federal relations, was laid upon
the table.
Yeas
Nays,
43
.10
229
House Resolution No. 26, on our federal relations, was laid upon
the table.
House Resolution No. 33, McCabe's Crittenden extracts, was
laid upon the table.
House Resolution No. 36, on federal relations, was laid upon
the table.
House Resolution No. 41, on federal relations, was laid upon
the table.
House Resolution No. 45, on federal relations, was laid upon
the table.
House Resolution No. 37, Tennessee's position in the present
crisis, was laid upon the table.
House Resolution No. 45, on federal relations, was laid upon
the table.
The motion to reconsider House Resolution No. 53, on federal
relations, was taken up.
A motion to lay the motion to reconsider upon the table failed.
Representatives voting in the affirmative are ;
Messrs. Bayless, Cowden, Farrelly, Frazier, Greene, Harris,
Hebb, Ingram, Lockhart, Mayfield, Morphis, Smith, Sowell,
Vaughn, Whitmore, Williams of Hickman, and Mr. Speaker
Whitthorne. x
Those voting in the negative are :
Messrs. Armstrong, Baker of Perry, Barksdale, Bennett, Bick-
nell, Brazelton, Britton, Caldwell, Critz, Davis, Doak, Dudley,
East, Ewing, Gillespie, Havron, Johnson, Kincaid of Anderson,
Martin, Morris, Nail, Norman, Pickett, Roberts, Russell, Shrews-
bury, Trewhitt, White of Davidson, Williams of Franklin, Wil-
liams of Knox, Wisener, Woods and Mr. Woodard.
The motion to reconsider prevailed.
Mr. Harris moved to lay the resolution upon the table; which
resulted:
Yeas .28
Representatives voting in the affirmative are:
Messrs. Armstrong, Baker of Perry, Bayless, Britton, Cald-
well, Cowden, Doak, Dudley, East, Farrelly, Frazier, Greene,
Harris, Hebb, Ingram, Lockhart, Martin, Mayfield, Morphis, Nail,
Roberts, Sheid, Sowell, Vaughn, Whitmore, Williams of Hickman,
Woods and Mr. Speaker Whitthorne.
Those voting in the negative are:
Messrs. Barksdale, Bennett, Bicknell, Brazelton, Davis, Ewing,
Gillespie, Havron, Johnson, Morris, Norman, Pickett, Russell,
Yeas.
Nays,
17
33
Nays
.20
230
Shrewsbury, Trewhitt, White of Davidson, Williams of Franklin,
Williams of Knox, Wisener, and Mr. Woodard.
A quorum not voting, on motion, the House adjourned until to-
morrow morning 10 o'clock.
SATURDAY MORNING, FEBRUARY 2, 1861.
The House met pursuant to adjournment.
Mr, Speaker Whitthorne in the Chair.
The Journal of yesterday was read and approved.
Mr. Dudley offered House Resolution, No. —, as follows:
Resolved by the Greneral Assembly of the State of Tennessee, That
the Governor of the State is hereby authorized and empowered
io purchase three batteries of Flying Artillery, consisting of eight
guns each, one for each division of the State, and that the Treas-
ur'er of the State pay for the same upon the call of the Governor.
A motion to suspend the rules to take up the resolution failed.
Yeas 26
Nays 26
Representatives voting in the affirmative are:
Messrs. Baker of Perry, Barksdale, Bayless, Bennett, Cowden,
Critz, Doak, Dudley, Farrelly, Frazier, Harris, Hebb, Lockhart,
Martin, Mayfield, Nail, Pickett, Roberts, Smith, Sowell, Trevitt,
Vaughn, White of Davidson, Whitmore, Woods and Mr. Speaker
WThitthorne.
Those voting in the negative are:
Messrs. Armstrong, Bicknell, Brazelton, Butler, Caldwell, Cheat-
ham, Davis, East, Ewing, Ford, Gillespie, Greene, Havron, Kin-
caid of Anderson, Morris, Morphis, Norman, Richardson, Russell,
Shrewsbury, Trewhitt, Williams of Franklin, Williams of Knox,
Williamson, Wisener and Mr. Woodard.
The resolution lies over, under the rule.
On motion of Mr. Pickett, the rules were suspended, and Reso-
lution No. 62, tendering the use of the Hall to the American As-
sdciation for the Advancement of Science, to hold its Annual
Session for 1861, was taken up and .adopted.
Mr. Doak presented a petition from numerous citizens of Ruth-
erford county, praying a repeal of the relief act, passed this ses-
sion, which was ordered to be transmitted to the Senate.
281
Mr. Lockhart, from the Committee on Enrolled Bills, made the
following report:
The Committee on Enrolled Bills have examined and compared
House Bills Nos. 29 and 37 ; also, an act entitled an act to defray
the expenses of the General Assembly, with the engrossed copies
of the same, and find them correctly enrolled and ready for the
Speaker's signature.
The Committee has also examined House Resolution No. —,
providing credentials for Commissioners to Southern Conference,
and find it correctly engrossed.
H. G. LOCKHART, Chairman.
The House resumed the unfinished business of yesterday—be-
ing House Resolution No. 33, on Federal Relations—the ques-
tion being upon Mr. Harris' motion to lay upon the table.
Mr. Harris' motion to table prevailed.
Yeas 37
Nays 13
Representatives voting in the affirmative are :
Messrs. Armstrong, Bayless, Bennett, Bicknell, Butler, Caldwell,
Cheatham, Critz Dudley, Farrelly, Ford, Frazier, Greene, Harris,
Havion, Hebb, Kincaid of Anderson, Lockhart, Martin, Mayfield,-
Morris, Morphis, Nail, Norman, Roberts, Russell, Sheid, Smith,
Sowell, Trevitt, Trewhitt, Vaughn, White of Davidson, Whitmore,
Williams of Franklin, Woods and Mr. Speaker Whitthorne.
Those voting in the negative are:
Messrs. Baker of Perry, Barksdale, Brazelton, Cowden, Davis,
Doak, Ewing, Gillespie, Pickett, Shrewsbury, Williams of Knox,
Wisener and Mr. Woodard.
Senate Bill No. 20, authorizing the Bank of Tennessee to dis-
tribute one million of dollars of notes, and loan money on twelve
months credit, was taken up.
Mr. Trewhitt offered the following amendment to the bill :
Strike out one and a half millions whenever it occurs, and in-
sert half million, and to the end of the bill add:
Be it further enacted, That said notes shall be distributed among
the various branches of said banks in sums proportional to the
population of the bank districts, and said branches shall loari the
same out to good and solvent borrowers, well secured, on twelve
months' time, and collect the same in by calls of one-third every
four months, and by the respective boards at each call the bor-
rower shall be required to renew and give other sufficient security ;
And provided further, That in loaning out said notes, due regard
shall be had to each county in said branch district, and no dis-
crimination shall be made between farmers, merchants and tra-
ders, and the mother bank of the Bank of Tennessee, shall loan
out said notes to each county ip the district where the Bank is
232
located, in the same manner as the branches are required to do—
the provisions in this act in relation to bank districts and counties
only apply to the Bank of Tennessee. This act shall take effect
from its passage.
'Mr. Ford demanded the previous question ; which motion failed.
Mr. Cheatham moved to lay the bill upon the table; which ino-
tion failed.
Yeas 20
Nays 31
Representatives voting in the affirmative are:
Messrs. Armstrong, Caldwell, Cheatham, Davis, Doak, Dudley,
East, Ford, Frazier, Greene, Lockhart, Martin, Mayfield, Roberts,
Sowell, Williams of Franklin, Wisener, Woods and Mr. Woodard.
Those voting in the negative are:
Messrs. Baker of Perry, Barksdale, Bayless, Bennett, Bicknell,
Brazelton, Cowden, Critz, Ewing, Farrelly, Gantt, Gillespie, Har-
ris, Havron, Hebb, Kincaid of Anderson, Morris, Nail, Norman,
Pickett Russell, Sheid, Shrewsbury, Smith, Trevitt, Trewhitt,
Vaughn, White of Davidson, Whitmore, Williams of Knox and Mr.
Speaker Whitthorne.
The amendment of Mr. Trewhitt was then adopted.
Representatives voting in the affirmative are:
Messrs. Armstrong, Bicknell, Brazelton, Butler, Caldwell, Dud-
ley, East, Frazier, Gillespie, Greene, Harris, Havron, Kincaid of
Anderson, Martin, Mayfield, Morris, Morphis, Norman, Pickett,
Roberts, Russell, Sheid, Sowell, Trevitt, Trewhitt, Vaughn, Wil-
liams of Franklin, Wisener and Mr. Woodard.
Those voting in the negative are :
Messrs. Baker of Perry, Barksdale, Bayless, Bennett, Cheat-
ham, Cowden, Critz, Davis, Doak, Ewing, Farrelly, Ford, Gantt,
Hebb, Lockhart, Nail, Richardson, Shrewsbury, Smith, White of
Davidson, Whitmore, Williams of Knox, Woods and Mr. Speak-
er Whitthorne.
Mr. Farrelly offered the following amendment:
Be it further enacted, That the first and second sections of
an act passed the third of March, 1860, entitled An act to curtail
t.he expenses of the Bank of Tennessee, be, and the same is here-
by repealed ; which amendment was rejected.
Representatives voting in the affirmative are:
Messrs. Bayless, Bennett. Cheatham, Cowden, Critz, Davis,
Dudley, East, Ewing, Farrelly, Gantt, Mayheid, Trevitt, White of
Yeas
Nays
29
24
Yeas
Nays
,18
35
233
Davidson, Whitmore, Williams of Knox, Woods and Mr. Speaker
Whitthorne.
Those voting in the negative are ;
Messrs. Armstrong, Baker of Perry, Barksdale, Bicknell, Brazel-
ton, Caldwell, Doak, Ford, Frazier, Gillespie, Greene, Harris,
Havron, Hebb, Kincaid of Anderson, Lockhart, Martin, Morris,
Morphis, Nail, Norman, Pickett, Richardson, Roberts, Russell,
Sheid, Shrewsbury, Smith, Sowell, Trewhitt, Vaughn, Williams of
Franklin, Williamson, Wisener and Mr. Woodard.
Mr. Vaughn moved to amend the bill by striking out ten and
insert five; which was adopted.
Yeas 26
Nays 25
Representatives voting in the affirmative are:
Messrs. Armstrong, Bayless, Bicknell, Butler, Caldwell, Cowden,
Critz, Ford, Gantt, Gillespie, Greene, Harris, Havron, Kincaid of
Anderson, Mayfield, Morphis, Pickett, Russell, Sheid, Smith,
Sowell, Trevitt, Trewhitt, Vaughn, White of Davidson and Mr.
Williams of Knox.
Those voting in the negative are:
Messrs. Baker of Perry, Barksdale, Bennett, Cheatham, Davis,
Doak, Dudley, East, Ewing, Farrelly, Frazier, Hebb, Lockhart,
Martin, Morris, Nail, Norman, Richardson, Roberts, Shrewsbury,
Whitmore, Williams of Franklin, Woods, Woodard and Mr.
Speaker Whitthorne.
Mr. Gantt offered the following amendment:
Be it further enacted, That the Bank of Tennessee and its
Branches, by the boards of directors thereof, respectively, may
increase in their discretion, having a view to the labor performed,
the salaries of Cashier and President: Provided, That the salary
of any Cashier shall not be increased more than five hundred dol-
lars; and the salary of any President more than three hundred
dollars.
On motion of Mr. Russell, the amendment of Mr. Gantt was
laid upon the table.
Yeas.. 35
Nays 19
Representatives voting in the affirmative are :
Messrs. Armstrong, Baker of Perry, Barksdale, Bicknell, Brazel-
ton, Butler, Caldwell, Doak, Ewing, Ford, Frazier, Gillespie,
Greene, Harris, Havron, Hebb, Johnson, Ivincaid of Anderson,
Lockhart, Martin, Morris, Morphis, Norman, Richardson, Roberts,
Russell, Shrewsbury, Smith, Sowell, Trewhitt, Vaughn, Williams
of Franklin, Williams of Knox, Williamson and Mr. Woodard.
Those voting in the negative are:
Messrs. Bayless, Bennett, Cheatham, Cowden, Critz, Davis
234
Dudley, East, Farrellv, Gantt, May field, Nail, Sheid, Trevitt.
White of Davidson, Whitmore, Wisener, Woods and Mr. Speaker
Whitthorne.
Mr. Greene offered the following amendment:
Provided, That none of said notes shall be issued unless all
three of said institutions agree to their issuance, and in the event
of the issue of a smaller amount than here authorized, the propor-
tion above indicated shall be preserved; which amendment was
adopted.
Mr, Hebb demanded the previous question ; which was sus-
tained.
The bill was then rejected.
Y eas 19
Nays ,34
Representatives voting in the affirmative are:
Messrs. Barksdale, Bay less, Bennett, Bicknell, Cowden, Critz,
Doak, Gantt, Gillespie, Havron, Kincaid of Anderson, Norman,
Russell, Sheid, Smith, Trevitt, Trewhitt, Vaughn, Williams of
Knox and Mr. Williamson
Those voting in the negative are :
.Messrs. Armstrong, Baker of Perry, Brazelton, Butler, Cald-
well, Cheatham, Davis, Dudley, East, Ewing, Farrelly, Ford, Fra-
zier, Greene, Harris, Hebb, Johnson, Lockhart, Martin, Mayfield,
Morris, Morphis, Nail, Richardson. Roberts, Shrewsbury, So we 11,
White of Davidson, Whitmore, Williams of Franklin, Wisener,
Woods, Woodard and Mr. Speaker Whitthorne.
A memorial was transmitted from the Senate, from Mrs M. R.
Fogg, in behalf of the Mount Vernon Association; which was
read.
Senate Message, being Senate amendment to House Bill, No.
39, was concurred in by the House.
The following message was received from the Senate :
Mr. Speaker :
The Senate has receded from its amendment No. 1, to House
Bill, No. 17, to repeal the act of 1857, chap 32, abolishing mili-
tary duty ; and the same is herewith returned for enrolment.
I am directed by the Senate to transmit to the House of Repre-
sentatives, a memorial from Mrs. M. R. Fogg, Vice Regent of the
Mount Vernon Association.
The Senate has appointed Messrs. Bumpass, Peters and Brad-
ford, to act in conjunction with such number as the House may
appoint, to wait upon His Excellency, the Governor, and ascertain
if he has any further communication to make to the General As-
sembly.
The Senate has amended and passed on third reading, House
Bill, No. 39, to repeal an act passed February 13, 1880, granting
235
a charter to the Fayetteville and Alabama Turnpike Company
and to suspend the public road law for Greene county until the
18th day of February, 1862; and the same is herewith returned
for the further action of the House of Representatives.
I am directed to transmit for the signature ol the Speaker of
the House of Representatives, the following enrolled acts, viz :
An act to incorporate the Southern Savings Institute, the
Greeneville Savings Institute, and the Southern Zinc Company.
An act for the relief of Railroad Companies and Receivers.
An act for the relief of tax-payers.
The Speaker of the Senate has signed the following enrolled
acts and resolutions, and the same have been deposited in the
office of the Secrteary of State, viz :
An act reducing the rate of interest from twelve and a half
per cent, to six in cases of appeal;
An act for the repeal of the 6th section of chap. 125 of an act
passed 13 th March, 1860 ;
An act to give the banks further time to resume specie pay-
ments, and to enable them to accommodate the people;
An act to incorporate the Memphis Light Dagroon Company ;
An act to defray the expenses ol the General Assembly of the
State of Tennessee, with the report of the Committee on Finance ;
Joint resolution for the relief of the securities of C. Green,
deceased ;
Joint resolution providing for the printing of the Acts and Jour-
nals of the present General Assembly.
The Senate has concurred in House amendments to Senate
Rill, No. 11, to incorporate the Southern Savings Institute, and in
House amendments to Senate Bill, No. 17, for the relief of tax-
payers.
Mr. Tewhitt presented the following protest, which was directed
to be entered upon the Journals.
PROTEST.
I vote for the bill providing for compensation to delegates ap-
pointed by the present General Assembly to a Southern Conven-
tion. I have protested against the powers of this Assembly to
legislate in that way; but after it has been done, I am compelled
to vote for compensation, as a matter of justice to the delegates,
—but under protest, against any legislative powers to act upon
any such questions. D. C. TREWHITT.
House Resolution, No. 59, on Federal Relations, was taken up.
Mr. Harris offered the following amendment:
Strike out the words " feel themselves," and insert "have been
and are ;" which was adopted.
Pending the discussion of the resolution, on motion of Mr. Far-
relly, the House adjourned until 2 o'clock, P.M.
236
AFTERNOON SESSION.
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 for the relief of tax-payers ;
An act for the relief of Railroad Companies and Receivers ;
An act to incorporate the Southern Savings Institute, at Mem-
phis, the Greeneville Savings Institute, and the Southern Zinc
Company.
The Senate has concurred in House amendment to Senate Bill,
No. 12, for the relief of justices of the peace.
The Senate has rejected on second reading House Bill, No.
26, to amend sec. 3515 of the Code of Tennessee, and the same
is herewith returned to the House of Representatives.
The Senate has passed on third reading the following House
Bills, and they are herewith returned to the House of Represen-
tatives for enrollment, viz:
House Bill, No. 28, to authorize the Sheriffs of certain counties
to appoint deputies;
House Bill, No. 32, directory to the County Court of Hickman
county;
House Bill, No. 34, to amend the charter of the Gallatin and
Cole's Ferry Turnpike Company;
House Bill, No. 44, to amend and construe an act entitled an
act prescribing the remedy for the collection of debts and relief of
the people.
The Senate has concurred in House Resolution, No. 62, tender-
ing the use of the State Capitol to the American association for
the advancement of science, and House Resolution, No. —, pro-
viding for credentials for delegates to the Southern Convention,
and the same are herewith returned to the House for enrolment.
Mr. Farrelly, from the, special committee on the part of the
House, to wait upon His Excellency, the Governor of the State,
made the following report:
Mr. Speaker :
The committee appointed to act in conjunction with committee
of the Senate, to wait upon His Excellency, the Governor, beg
leave to report that they have discharged that duty, and are in-
23T
structed to report that His Excellency has no further communica-
tion to make to this General Assembly.
JNO. PAT. FARRELLY, Chairman.
House Resolution, No. 68, providing for the binding of the
Journals, was taken up.
Mr. Johnson moved the following amendment:
That the words " and the Acts passed at the present session of
the Legislature;" which was adopted; and the resolution as
amended was adopted, and ordered to be transmitted to the
Senate.
Mr. Bayless demanded a call of the House, which was had, and
the following gentlemen failed to respond :
Messrs. Armstrong, Baker of Perry, Baker of Weakley, Barks-
dale, Beatty, Bicknell, Bledsoe, Butler, Caldwell, Critz, Dhvidson,
Dudley, Ewing, Farley, Gantt, Gillespie, Gorman, Greene, Guy,
Havron, Hebb, Hurt, Ingram, Jones, Kenner, Kennedy, Kincaid
of Claiborne, Lea, Mayfield, McCabe, Morris, Porter, Roberts,
Russell, Senter, Sheid, White of Dickson, Williams of Hickman,
Williams of Franklin, Woods and Mr. Woodard—41.
A quorum not being in attendance, on motion of Mr. Johnson,
the Doorkeeper was despatched after absentees.
Mr. Havron appeared in the Hall of the House.
Mr. Harris was excused (after to-day) from further attendance
in this House.
The Committee on Enrolled Bills made the following report:
The Committee on Enrolled Bills have examined House Bills
Nos. 17, 34, 37 and 44, and find them correctly enrolled and ready
for the Speaker's signature.
H. C. LOCKHART, Chairman.
The following message was received from the Senate:
Mr. Speaker:
I am directed to transmit for the signature of the Speaker of
the House of Representatives, enrolled act for the relief of justices
of the peace, and for other purposes.
Mr. Baker of Perry appeared in the Hall of the House.
Mr. Ewing introduced the following resolution, which was
adopted.
Resolved, That the use of this Hall be, and the same is hereby
granted to the students of the Military College in this city, to eel-
ebrate the 22d of February proximo.
Mr. East introduced the following resolution, which was unan-
imously adopted:
Resolved, That the members of the FT ouse of Representatives
tender their thanks to the Speaker of the House and to its ofR-
cers, for the faithful and impartial discharge of the arduous duties
that have devolved upon them at the present session.
238
Mr. Lockhart, from the Committee on Enrolled Bills, made the
following report:
The Committee on Enrolled Bills have examined and compared
House Bills Nos. 28 and 32, and House Resolution No. —, provi-
ding credentials lor delegates to Southern Conference; also,
House Resolution No. 02, and find them correctly enrolled. And
also find Resolution No. 68, correctly engrossed.
H. C. LOCKHART, Chairman.
The following message was received from the Senate:
Mr. Speaker :
The Speaker of the Senate has signed the following enrolled
acts and resolutions, and the same have been deposited in the of-
fice of the Secretary of State, viz:
An act to amend the charter of the Gallatin and Cole's Ferry
Turnpike Company ;
An act to repeal the act of 1857, chapter 32, abolishing milita-
ry duty;
An act to amend and construe an act entitled an act pre-
scribing the remedy for the collection of debts and relief of the
people;
An act authorizing certain sheriffs to appoint deputies;
An act directory to the County Court of Hickman county;
An act for the relief of justices of the peace, and for other pur-
poses;
An act to repeal the charter of the Favetteville and Alabama
Turnpike Company, ana for other purposes;
Joint resolution tendering the use of the Capitol to the Ameri-
can Association for the Advancement of Science;
Joint resolution providing credentials for delegates to the South-
ern Convention.
The Senate has amended and adopted House Resolution, No.
68, directing the Acts .and Journals of this session of the General
Assembly to be bound in one volume, and the same is herewith
returned for the further action of the House cf Representatives.
Senate message—being Senate amendment to House Resolu-
tion No. 68, providing for binding the Senate and House Journals
of the present session in one volume, and also the Acts—was
concurred in by the House.
The Committee on Enrolled Bills reported House Resolution,
No. 58, correctly enrolled.
The following message was received from the Senate:
Mr. Speaker:
The Speaker of the Senate has signed enrolled joint resolution
providing for the printing and binding in one volume the Jour-
239
nals of this session of the General Assembly, and the tame has
been deposited in the office of the Secretary of State.
On motion, the House adjourned until half past eleven o'clock
Monday morning next.
MONDAY MORNING, FEBRUARY 4, 1861.
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:
I am directed t> inform the House of Representatives that the
Senate having dispatched all the public business requiring its at-
tention at this extra session, is now ready to adjourn sine die.
On motion of Mr. Cheatham, it was directed the Senate be in-
formed that the House had dispatched all the business before
them, and are ready to adjourn sine die.
Mr. Shrewsbury demanded a call of the House, and the follow-
ing members failed to respond to the call, viz :
Messrs. Armstrong, Baker of Weakley, Barksdale, Beatty, Ben-
nett, Bicknell, Bledsoe, Britton, Butler, Caldwell, Cowden, Critz,
Davidson, Doak, Dudley, East, Farley, Ford, Frazier, Gantt, Gil-
lespie, Gorman, Greene. Guy, Havron, Hebb, Hurt, Ingram, Jones,
Kenner, Kincaid of Anderson, Kincaid of Claiborne, Lea, Martin,
Mayfield, McCabe, Morris, Morphis, Nail, Norman, Porter, Rich-
ardson, Russell, Senter, Shied, Smith, Sowell, Trewhitt, Williams
of Franklin, Williams of Hickman, Williams of Knox, Wisener,
Woods, and Mr. Woodard—54.
Messrs. Harris, Kennedy, White of Dickson, and Williamson
were excused.
On motion of Mr. Lockhart, the House adjourned sine die.
W. C. WHITTHORNE,
Sneaker, Ax.
FRED. S. DeWOLFE,
Clerk of the House of Representatives.
INDEX
TO
HOUSE JOURNAL.
INDEX.
A
Armstrong, R. H., Representative from Knox and Sevier.
Bills, Resolutions, Petitions, Motions, &c., 3, 33, 35, 40, 63, 113,
176, 179, 225.
B
Baker, W. N., Representative from Perry and Decatur.
Bills, Resolutions, Petitions, Motions, &c., 3, 35, 59, 94, 124,
187, 205, 218.
Baker, Samuel, Representative from Weakley.
Bills, Resolutions, Petitions, Motions, &c., 3, 38, 178, 180, 209,
223.
Barksdale, William H., Representative from Smith, Sumner and
Macon.
Bills, Resolutions, Petitions, Motions, &c., 3, 23, 35, 41, 49, 80,
171, 196, 221.
Bayless, William M.. Representative from Washington.
Bills, Resolutions, Petitions, Motions, &c., 3, 107, 122, 149, 237.
Beatty, J. J., Representative from Giles.
Bills, Resolutions, Petitions, Motions, &c.; 3, 27,59, 109,125,
156, 165.
Bennett, R. A., Representative from Sumner.
Bills, Resolutions, Petitions, Motions, &c., 33, 35, 54, 60, 62, 85,
86, 104, 109, 112, 122, 163, 191, 194, 223.
244
Bicknell, S T., Representative from Blount.
Bills, Resolutions, Petitions, Motions, &c., 3, 23, 39, 40, 67, 72,
90, 91, 94, 96, 102, 125, 140, 151, 171, 180, 192, 194, 196, 227.
Bledsoe, R. H., Representative from Scott, Morgan and Fentress.
Bills, Resolutions, Petitions, Motions, &c., 3, 59, 73, 150, 169,
170, 218.
Brazelton, William, jr., Representative from Jefferson.
Bills, Resolutions, Petitions, Motions, &c., 3, 4, 23, 32, 46, 112,
123, 161, 173, 180, 181, 186, 191, 193, 207.
Britton, James, Representative from Greene.
Bills, Resolutions, Petitions, Motions, &c., 3, 180, 209, 223,
Butler, R. R., Representative from Carter and Johnson.
Bills, Resolutions, Petitions, Motions, &c., 3, 35, 57, 221.
C
Caldwell, A., Representative from McMinn.
Bills, Resolutions, Petitions, Motions, &c., 3, 77, 83, 84, 88, 95,
187, 195, 201.
Cheatham, R. B., Representative from Cheatham, Davidson, Mont-
gomery and Robertson.
Bills, Resolutions, Petitions, Motions, &c., 3, 4, 25, 33, 38, 51,
74, 83, 89, 91, 98, 118, 122, 131, 140, 151, 168, 177, 187, 219,
232, 239.
Cowden, H. N., Representative from Marshall.
Bills, Resolutions, Petitions, Motions, &c., 3, 224.
Critz, Philip, Representative from Hawkins.
Bills, Resolutions, Petitions, Motions, &c., 3, 169.
D
Davidson, J. W., Representative from Benton and Humphreys.
Bills, Resolutions, Petitions, Motions, &c., 3, 218.
Davis, John R., Representative from Wilson.
Bills, Resolutions, Petitions, Motions, &c., 3, 33, 39, 45, 83, 118,
128, 172, 173, 198.
Doak, Wtilham R., Representative from Bedford and Rutherford.
245
Bills, Resolutions, Petitions, Motions, &c., 3,35, 86, 96, 189, 200,
212, 230.
Dudley, N. B., Representative from Montgomery.
Bills, Resolutions, Petitions, Motions, &c., 3, 31, 48, 77, 109,
123, 165, 190, 203, 210, 217, 230.
E
East, E. H., Representative from Davidson.
Bills, Resolutions, Petitions, Motions, &c., 3, 101, 120, 171, 176,
183,191,211,219.
Ewing, William, Representative from Williamson.
Bills, Resolutions, Petitions, Motions, &c., 3, 70, 128, 147, 148,
188, 195, 196, 218.
F
Farley, W. T., Representative from Shelby.
Bills, Resolutions, Petitions, Motions, &c., 3, 177.
Farrelly, John Pat., Representative from Shelby.
Bills, Resolutions, Petitions, Motions, &c., 3, 52, 53, 58, 72, 76,
85, 102, 124, 131, 132, 140, 147, 170, 179, 180, 182, 187, 188,
191, 199, 200, 213, 214, 219, 232, 235, 236.
Ford, J. J., Representative from DeKalb.
Bills, Resolutions, Petitions, Motions, &c., 3, 35, 51, 104, 110,
112,144,205,232.
Frazier, C-, Representative from Henry.
Bills, Resolutions, Petitions, Motions, &c., 3.
G
Gantt, George, Representative from Maury.
Bills, Resolutions, Petitions, Motions, &c., 29, 35, 37, 43, 53, 73,
101, 108, 123, 128, 142, 144, 149, 161, 164, 183, 185, 190, 205,
215, 228, 233,
Gillespie, James W., Representative from Rhea, Bledsoe and
Hamilton,
Bills, Resolutions, Petitions, Motions, &c., 3, 35, 98, 135, 162.
246
Gorman, T. S., Representative from Cocke.
Bills, Resolutions, Petitions, Motions, &c., 3, 76, 88.
Greene, A. L., Representative from Roane.
Bills, Resolutions, Petitions, Motions, &c., 3, 79, 125, 181, 234
Guv, W. W., Representative from Hardeman.
Bills, Resolutions, Petitions, Motions, &c., 3, 133, 143.
H,
Harris, Richard R., Representative from Bradley.
Bills, Resolutions, Petitions, Motions, &c., 3, 87, 102, 168, 173
176, 198, 207, 228, 229, 235, 237.
Havron, James S., Representative from Marion.
Bills, Resolutions, Petitions, Motions, &c., 3, 25, 53, 60, 93,152
180, 237.
Hebb, George V", Representative from Lincoln.
Bills,'Resolutions, Petitions, Motions, &c., 3, 24, 30, 33, 70, 80
93, 96, 105, 143, 147, 159, 164, 171, 188, 192, 193, 198, 217
221, 234.
Hurt, R. B., Representative from Madison.
Bills, Resolutions, Petitions, Motions, &c., 3, 73, 101, 111, 166
168, 172, 182, 200, 225,
I
Ingram, R. M., Representative from Fayette.
Bills, Resolutions, Petitions, Motions, &c., 3.
J
Jones, W. E. B., Representative from Overton.
Bills, Resolutions, Petitions, Motions, &c., 49, 53, 55, 59, 73, 74
88, 102, 104, 105, 109, 111, 118, 120, 122, 132, 133, 136, 138
139, 140, 143, 144, 145, 148, 151, 154, 159, 160, 167, 168, 180.
Johnson, Robert, Representative from Greene, Hawkins, Hancock
and- Jefferson.
Bills, Resolutions, Petitions, Motions, &c., 3, 23, 30, 31, 32, 52
54, 62, 73, 82, 89, 94, 108, 131, 139, 141, 154, 161,177, 179, 180,
191, 207, 208, 213, 224, 237.
247
K
Kenner, W. R., Representative from Jackson.
Bills, Resolutions, Petitions, Motions, &c., 3, 163, 223.
Kennedy, T. J., Representative from Lincoln, Marshall and Giles.
Bills, Resolutions Petitions, Motions, &c., 3, 46, 72, 185.
Kincaid, A., Representative from Anderson and Campbell.
Bills, Resolutions, Petitions, Motions, &c., 3, 185.
Kincaid, John W., Representative from Claiborne.
Bills, Resolutions, Petitions, Motions, <fcc., 3, 86.
L
Lea, B. J., Representative from Haywood.
Bills, Resolutions, Petitions, Motions, &c., 3, 38, 53, 58, 77, 80,
120, 128, 138, 177, 196, 197, 199, 203, 222.
Lockhart, H. C., Representative from Stewart.
Bills, Resolutions, Petitions, Motions, &c., 3, 33, 39, 97, 107,
122, 125, 154, 165, 179, 219, 239.
M
Martin, Wm. L., Representative from Wilson.
Bills, Resolutions, Petitions, Motions, &c., 3, 23, 73, 84, 87, 97,
110, 134, 144, 164, 173, 174, 175, 203, 221.
Mayfield, P. B., Representative from, Polk, McMinn and Meigs.
Bills, Resolutions, Petitions, Motions, &c., 3, 48, 199, 205, 206,
209,214,
McCabe, J. G., Representative from Cannon.
Bills, Resolutions, Petitions, Motions, &c., 3, 47, 67, 82, 87, 106,
119, 123, 149, 169, 193, 209, 224.
Morris, J., Representative from Wayne.
Bills, Resolutions, Petitions, Motions, &c., 86, 107,109, 111, 116,
133,136,216,217.
Mobphis, J. S., Representative from McNairy.
Bills, Resolutions, Petitions, Motions, &c., 3, 42, 61, 90, 102,
118, 158, 165, 185, 197, 200, 202, 221,
248
N
Nall, Robert C., Representative from Obion.
Bills, Resolutions, Petitions, Motions, &c., 3, 60, 113, 166, 185.
Norman. John, Representative from Carroll.
Bills, Resolutions, Petitions, Motions, &c., 3, 183.
P
Pickett, Joseph G., Representative from Smith.
Bills, Resolutions, Petitions, Motions, &c., 3, 52, 109, 116, 143,
150, 218, 230.
Porter, J. D. jr., Representative from Carroll, Gibson, Madison
and Henry.
Bills, Resolutions, Petitions, Motions, &c., 3, 66, 77, 86, 124,
135, 159, 177, 181, 183, 206.
R
Richardson, Stith, Representative from Dyer and Lauderdale.
Bills, Resolutions, Petitions, Motions, &c., 3, 178, 213.
Roberts, D. A., Representative from Hardin.
Bills, Resolutions, Petitions, Motions, &c., 3, 151.
Russell, W. M., Representative from White.
Bills, Resolutions, Petitions, Motions, &c., 3, 169, 188, 189, 233.
s
Senter, D. W. C., Representative Irom Grainger.
Bills, Resolutions, Petitions, Motions, &c., 3, 33, 169, 184.
Sheid, J. M., Representative from Grundy, Coffee and Van Buren.
Bills, Resolutions, Petitions, Motions, &c., 50, 51, 59, 77, 133,
147, 153, 163, 191, 204, 206, 209.
Shrewsbury, A. G., Representative from Henderson.
Bills, Resolutions, Petitions, Motions, &c., 3, 179, 239.
Smith, John, Representative from Warren.
Bills, Resolutions, Petitions, Motions, &c., 3, 170.
249
Sowell, Jas. M., Representative from Lawrence.
Bills, Resolutions, Petitions, Motions, &c., 3.
T
Teevitt, J. F., Representative from Sullivan.
Bills, Resolutions, Petitions, Motions, &c., 3.
Trewiiitt, Daniel C., Representative from Hamilton.
Bills, Resolutions, Petitions, Motions, &c., 3, 34, 35, 59, 82, 85,
94,96, 111, 132, 169, 170, 171, 176, 177, 184, 199,223,226,231,
235.
V
Vaughn, A. J., Representative from Monroe.
Bills, Resolutions, Petitions, Motions, &c., 3, 26, 33, 35, 39, 52,,
60, 88, 89, 98, 116, 161, 186, 193, 196, 205, 233.
W
White, J. B., Representative from Davidson.
Bills, Resolutions, Petitions, Motions, &c., 3, 177, 182, 218.
White, William L., Representative from Dickson.
Bills, Resolutions, Petitions, Motions, &e., 3, 113.
Whitmore, C. H., Representative from Fayette, Tipton and Shelby.
Bills, Resolutions, Petitions, Motions, &c., 3, 132.
Williams, Madison, Representative from Franklin.
Bills, Resolutions, Petitions, Motions, &c., 3.
Williams, John J., Representative from Hickman.
Bills, Resolutions, Petitions, Motions, &c., 3, 23, 31, 32, 35, 37,
40, 49, 53, 77, 98, 101, 105, 106, 110, 130, 142, 174, 175, 176,
197, 200, 222, 224.
Willtams, John, Representative from Knox.
Bills, Resolutions, Petitions, Motions, &c., 198.
Williamson, J. S., Representative from Gibson.
Bills, Resolutions, Petitions, Motions, &c., 101, 109, 172, 175,
180, 198.
Wisener, W. H., Representative from Bedford.
250
Bills, Resolutions, Petitions, Motions, &c.,, 3, 25, 31, 35, 42, 49,
79, 82, 85, 105, 110, 128, 138, 142, 145, 160, 186, 204, 215, 222.
Woods, John, Representative from Rutherford.
Bills, Resolutions, Petitions, Motions, &c„, 3, 125, 180.
Woodard, John, Representative from Robertson.
Bills, Resolutions, Petitions, Motions, &c., 3, 189, 191.
Whitthorne, W. C., Representative from Williamson, Maury and
Lewis.
Bills, Resolutions, Petitions, Motions, &c., 3, 40, 74, 123, 142,
145, 159, 182, 226.
Enrolled Bills, 30, 5D, 74, 81, 86, 98, 113, 129, 138, 140, 169, 191,
200, 217, 221, 231, 237, 238.
Report of Joint Select Committee on Federal Affairs, 37, 41, 63,
75, 107, 125.
I
Distress Committee, 41, 63, 66, 74.
Report of Committee on Military Affairs, 98.
Special Committee on Bank Propositions, 178.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
26
27
28
251
HOUSE BILLS.
Introduced by
Johnson
Dudley
Wisener
Williams of H..
Gillespie
Ford
Doak
Bennett
Baker of Perry
Butler
Gantt
Trewhitt
V aughn
Armstrong
Lockhart
Vaughn
Armstrong
Jones
Wisener
Barksdale
Bledsoe
Trewhitt
Bicknell
Farrelly
Morris
Bennett
Johnson
To repeal the conventional in-
terest law
To amend the conventional in-
terest law
To repeal the conventional in-
terest law
To amend the conventional in
terest law
To repeal the conventional in
terest law..
To relieve the people
To amend the usury laws of
the State
To prescribe the remedy for
the collection of debts
To establish quarterly courts
for justices of the peace
To relieve revenue collectors..
To provide for a State Con-
. vention of the people
To relieve the people
To suspend the payment of
northern debts due from the
people of Tennessee
To relieve tax payers
To prevent the sacrifice of per-
sonal estate
To exempt certain property
from taxation
To repeal the act abolishing
military duty
To provide for calling a Con-
vention.
To provide for taking the
vote upon the call for a
Convention
To amend act passed 22d
March, 1860, etc
To protect southern rights
To test the sense of Tennessee
on union or disunion
To relieve the banks and the
people
To relieve the people
To amend section 3515 of the
Code
To repeal certain sections of
law....
To authorize the sheriff of
Hawkins county to appoint
two deputies
94
50
81
172
172
172
91
133
95
158
170
204
214
Other
Action.
82,86,130,216
82
82, 94
82, 94
82, 94
41, 204
[116, 131
94, 104, 109,.
41, 97
95
52, 59, 105
82, 94
41, 51 ' [170
41, 50, 59, 66,
95
50
[153, 222
98, 140, 147,
81
199
228
82
196
81, 104
229
204, 206
177, 200, 213
No.
29
30
31
32
33
34
35
86
37
38
39
40
41
42
43
44
45
252
HOUSE BILLS.
Introduced by
Baker of P
"Williams of II
To relieve the people
To regulate the management
of the Bank of Tennessee
and Branches
To repeal sec 521 of the Code
Directory to the County Court
of Hickman county
To extend the time for return-
ing justices' executions
To amend the charter of the
Gallatin and Cole's Ferry
Turnpike Company
To defray the expenses of the
General Assembly
To relieve the people from
taxation
To repeal 6th section of an act
passed 13th March, 1880
To abolish the offices of Bank
Supervisor and Koad Com-
missioner
To repeal'an act passed 13th
February, 1880
A bill that will truly relieve
the people
To allow the sheriff of Haw-
kins to appoint two deputies
For the benefit of executors
and administrators
To repeal the relief law passed
this session
To amend and construe the re-
lief law,
To relieve P. Henneberry
109
109
109
110
110
122
125
125
125
140
147
169
169
170
177
177
177
1
2
O
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
81
32
33
34
35
36
37
38
39
40
41
42
43
258
HOUSE RESOLUTIONS.
SUBJECT.
To appoint a committee upon the Governor's
Message, with reference to the political con-
dition of the country
To appoint a committee on that part of the Mes-
sage relating to the pecuniary distress of the
country
Similar committee on that part of the Message
referring to military affairs
On our federal relations
To print Washington's Farewell Address
On our federal relations
Against the call of a State Convention
Against organizing the militia of the State..
On our federal relations
On our federal relations
To fix a time to receive the commissioners from.
Alabama and Mississippi
Directory to the Treasurer..
To appoint a committee to make inquiry of the
banks ,
On our federal relations
On federal affairs
To appoint a committee to wait on the ministers
on behalf of the House
To instruct our members in Congress
On federal relations
On federal relations
To relieve Ed. Willis
On federal relations
On federal affairs
« a
a a
a a
a a
Directory to the Supervisor of Banks
On federal relations
On the doctrine of coercion
To instruct the committee appointed to make
certain inquiry of the banks
On federal affairs
a it
a a
To instruct our members of Congress
On federal affairs
In response to the Hew York resolutions threat-
ening coercion
To instruct the Committee on Ways and Means..
On federal relations at length
<( a
a u
a it
Ho.
44
45
45
46
47
48
49
50
51
52
53
53
64
55
56
57
56
57
58
59
60
61
62
63
64
65
66
67
68
69
68
70
71
I
72 i
254
HOUSE RESOLUTIONS.
SUBJECT.
To request the Governor to make inquiry of the
banks with reference to a loan to the State...
On federal affairs
On federal affairs
Directory to the Comptroller
To provide for one session only a day
To tender the use of the Hall to the Hon. Solon
Borland
On federal relations ;
Directory to the Comptroller
On federal relations
On federal relations
Joint resolution to adjourn.
Directory to the Governor
To limit the time of debate
On federal relations
Tendering the use of the Hall to the Hon. Jno.
Bell
Directory to the Capitol Commissioners
On federal relations
Fixing the number of Acts and Journals of this
session to be printed
On federal relations
On federal relations
For a National Convention
To meet in Joint Convention to elect delegates,
&c
To tender the use of the Capitol to the Ameri-
can Scientific Association
Making suggestions to State Convention for
amendments to State Constitution
Tendering the use of the Hall to the Hon. H. S.
Foote '
Remonstrances against the firing of cannon on
Capitol Hill
Directory to the keeper of the public arms
Directory to the Governor
To bind the Acts and Journals in one volume...
Tendering the Hall to Andrew Ewing
To provide for filling vacancies among commis-
sioners to Southern Conference
To adjourn sine die
To provide credentials for delegates to Southern
Conference
Directory to the Governor
i
[
(
1
1
]
]
1
1
]
1
1
1
1
1
1
1
255
SENATE BILLS.
To amend the charter of the Bank of "West
Tenn
To give the banks further time'to resume spe-
cie payments a
To amend the conventional interest law
To incorporate the Memphis Light Dragoon
Company, &c
To enable the State to repel invasions, &c
For the relief of Eailroad Companies and Ee-
ceivers
To incorporate the Southern Savings Institute
at Memphis, &c
To relieve Justices of the Peace
To amend the act of 23d March, 1860
To encourage foreign importations
For the benefit of appellants
Incorporating a military department in An-
drew College
For the relief of tax-payers
Directory to the Governor
To authorize the Bank of Tenn, to distribute
one million dollars in notes, &c
bn
.s
^3
c6
Ps
74
97
171
171
207
173
207
215
173
173
173
bC
.9
^3
77
112
181
179
171
215
227
179
217 225
be
c
c3
<D
97
195
214
183
228
199
222
Other
Action.
[191, 213
171. 178, 185,
207, 212
217
181, 140, 222
179, 200, 225
225
181
182
219
131
231
SENATE RESOLUTIONS.
To provide for the payment of postage
On federal affairs
To relieve Ed. Willis, of Wilson county
Providing for an address to the northern and southern States..
To discourage commercial intercourse with the northern States
On federal relations
To relieve J. W. Eoberts, tax collector of Overton county
Directory to the President and our members of Congress
To relieve J. E. Gardner
To elect State delegates
To relieve N. G. Philips..,
Directory to the delegates to a Southern Convention
For the relief of C. Green, deceased .y...
To provide for printing the Acts and Journals
Action had.
Page.
49
63
73, 74, 78
130
131
86
122 '
173
170,185
144
173
196, 200, 202
216
216
■256
MISCELLANEOUS.
Message from the Governor : 4
Correspondence between the Governors of Ohio and Tennessee 17
Report of the Keeper of Puplic Arms 22
Message from the Governor 31
Convention of the two Houses '■ 37
Message from the Governor 91
Report of special Committee on Governor's Message 140
Communication from Comptroller 145
" Capitol Commissioners HO
•< " Keeper of Public Arms 154
Convention of the two Houses to elect delegates" to a Southern Conference 159
Report of the special committee to wait upon the Governor 236