South of the River Ohio. General Assembly. Legisl Territory of the United States.

Journal of the proceedings of the Legislative Council of the Territory of the United States of America, South of the River Ohio : begun and held at Knoxville, the 25th day of August, 1794 online

. (page 20 of 30)
Online LibrarySouth of the River Ohio. General Assembly. Legisl Territory of the United StatesJournal of the proceedings of the Legislative Council of the Territory of the United States of America, South of the River Ohio : begun and held at Knoxville, the 25th day of August, 1794 → online text (page 20 of 30)
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visicflii for the payment, I wish to know the sense of the assembly, whether
I might be permitted, or not, to go forward at the time of the next session,
to lay the same before Congress. It will be a journey . attended with
much fatigue and expence ; but nevertheless, I feel it' my indispensable
duty to give every aid and assistance in my power, to have the officers and
privates duly compensated for their hazardous and toilsoihe services.
I have the honor to be, gentlemen.
With due respect,

Your obedient servant,

JOHN SEVIER.

Which beipg read, the following message was ordered to be sent to the
house of representatives :



42

Mr. Speaker and Gentlemen,

The senate concur with you in referring the communication of the gov-
ernor ts a Bpecia! committee, a.Bd have named Messrs. Tipton, and Doher-
ty for that purpose.

Received from the house of representatives,

A bill directing the mode of petitioning the general assembly for the di-
vision of counties and removal of coiirt-honses.

Ordefred, that this bill be read, which being read, was passed the third
time and ordered to be engrossed.

Received from the House of Representatives, a bill for the relief of
such persons as may suffer by their grants, deeds, and mesne conveyances,
not being registered, &e. endorsed, read the third time, amended, and



Ordered, that this bill be read, which beitg read, was on motion,^ reject-
ed.

Ordered, that the following message be sent to the house of representa-
tives ;

Mr. ^peaTier and Qentlemen,

The senate concur with you in the appointmeni of the justices of the
peace in this state, except the following :

In the county of Greene, Samuel Danwoody is appointed in the room of
Joseph Lusk, and the name of James Mahan left out of the appointment.

In. the county of Sevier, James iM'Mahan is appointed in the room of
James D. Puckett. *

Received from the bouse of representatives the following message :
Mr. Speaker and Qentlemen,

This lidnse do not concur With the alteratioiis ta you made in the nomina-
tions o( justices, except as to the name of James Mahan,

Received from the house of representatives:

A bill to prevent the obstruction of the navigation of Red River.

Endorsed, "^ read the third time, and passed. '

Ordered, that this bill be readj, Which being read, was passed the third
time, and ordered to be engrossed. '

Or^red; that the following message be sent ' tc> the house representa-
tives : ' ' . \

Mr. Speaker arid Qentlemen,,,

The senate propose meeting you this afternoon in your chamber, for
the purpose of electing four electors of President and Vice-President of
the United 'Statpsi, and three attornies general.

Received from the House ,of Representatives, a bill to provide for the
payment of the several salaries therein mentioned.

Endorsed, ' read the second time, amended, and passed.'

Ordered, that this bill be read, which being read, was passed the third
time.

Ordered, that the followiDg message be sent to the house of represen-
tatives :

Mr. Speaker and Gentlemen,

The senate propose the following gentlemen as electors of President



48

and Vice Pi'-fesident of the United States, viz : Messrs. Cliiborne, Jqaeph
Anderson, Joseph Greer, GriiEtii Rutherford, Cliarlea M'Clung, Hugh
NeiIson,'and John Anderson,

For attprneyi general in the district of "Washington, Messrs. Hopltins
Lacy, John Shields, and John Sevier.

For the district of Hamilton, Messrs. Thomas Grey, John Lowr^, and
James Jleeae. >

For the district of Mero, Messrs. Howell Tatom and |sam PaTlcer.

A message from the house of representatives :
Mr. Spedker and Gentlemen,

We concur with yoiir nfessages respectively, concerning the balloting
for electors to elect a President and Vice President of the United States,
andfor attornies general. We have added Daniel Smith to the nomina-
tion for electors, and havfe appointed Mr. Fort and Mr. Menefee to super-
intend the balloting.

A message from the House of Representatives : .
Mr. Speaker aitd Gentlemen,

The senate propose Messrs. Lewis and Frazier to superintend the bal-
loting for electors of President and Vice-President of the United States,
and attornies general.

Mr. Lewis and Mr. Frazier, from the committee appointed to superin-
tend the balloting for electors to elect a president and vice-president of the
United States, and three attornies general, reported as follows :

That Joseph Greer, Daniel Smith, Hugh Neilson, and Joseph Anderson,
were duly and constitutionally elected electors of president and vice-pres-
ident of the United States — and that Hopkins Lacy was elected attorney
general for Washington district — John Lbwrey, attorney general for Ham-
ilton district-<^nd, Howell Tatom, attorney general for the district of
Mero.

Adjourned till to-tnorrow, 9 o'clock, a. u.



SATURDAY, APRIL 23, 11^96.

Met according to adjournment.

Mr. Lewis, from the committee appointed to examine engrossed bills,

reported that the following bills were duly engrossed :

An act to repeal an act to regulate the several officers fees therein men-
tioned, &c. and an act directing the mode of electing the governor and

members of- the general assembly-
Received from the House of Representatives ;
The bill making provision for mistakes in surveys of lands, and
A bijl providing for the appointment of electors to elect a President and

Vice-President of the United States,
Each endorsed, ' read the third time, amended, and passed.'
Ordered, that these bills be read, which being read, were passed the

third time, and ordered to be engrossed. >

Received also, a bill making compensation to the inemberB, clerks and

door keepers of the general assembly,' &c. endorsed, read the second time

amended, and passed.



44

Ordered, that this bill be read, which being read, was amended, and
pECssed the third time.

Received from the house of represeatatiras, the report of the commit-
tee appointed to contract with 'the printer for the public printing, endors-
ed, read and concurred with. -

Received from the house of representatives the report bf the committee
appointed to take into consideration the message of the governor ; en-
dorsed, concurred with.

Which is as follows :

Mr. Rhea from the committee reported as follows :

Your committee to whom was referred the communication from the
governor, are of opinion, that an address of the following import be sent
to him. *

SIR,
The general assembly are, with you, fully sensible, that every atten-
tion ought to be paid' to the preservation of peace between the frontiers
and the neighbouring Indians, and that mutual amity and intercourse
should be preserved. It is the hope of this general assembly that no hos-
tilities will by any of the citizens of this state be committed against the
Indians. And should the Indians again offer violence, and commence war
against the people of this state, the general assembly declare their con-
fidence in the general government,, that the people will be protected.

This general assembly are of opinion, that altho' the payment of the
officers and soldeirs, alluded to, is of importance ; yet the absence of the
governor from the state might be attended with consequences not pleasing,
and think that it will be the duty of the senators and representatives from
this state in Congress, to whom the governor will write on that subject, to
procure an adjustment and payment of what money may be due on account
of that expedition.

With yon we join in saying, that peace is a most desirable object for the
people of this state ; their safety and population on it do depend. With
you it is to take care, that the citteens of this state commit no encroach-
ments upon the Indians^ that the conditions of the treaty of Holston be
preserved inviolate on the part of this state : And should the Indians be
BO tar lost to a sense of their own good and happiness, as to commence
hostilities, we have the greatest confidence that you will do those things
agreeably to the laws of the Union necessary for the general welfare.

JOHN RHEA, Ch.

Which being read was concurred with.

Received from the house of representatives the following message :

Mr. Speaker and Gentlemen,

This house upon reading for the third and last time, the ^ bill making
compensation to the membeJrs, clerks, and door keepers of the general as-
sembly, &c.' have struck out of the second section of the bill, and insert-
ed the following, ' Sec. 2. And be it enacted, that the first clerks of the
general assembly shall be allowed the sum of two dollars and fifty cents
per day for their services. That one dollar and seventy-five cents be al-
lowed, per day, to each assistant clerk ; and that the farther allowances
b^Jjiade for contingent expences, namely, to Thomas H. Williams twenty-



45

two dollars— to John Sevier, jun. twelve dollara and fifty cents— to George
Roulstone, twenty-two dollars— to Nathaniel Buckingham twelve dollara
and fifty cents.

This house have also added the following as an additional section ; ' Be
it enacted, that Hopkins Lacey, be allowed forty dollars for his services as
states attorney, for the first superior court held in the state of Tennessee,
on the second Tuesday in April, 1796, he being appointed by the court for
that purpose, pro tempore.'

If you agree to these amendments, you will send two of your members
to,Eee them made. >

Which being read, was concurred with, and the following message re-
turned :

Mr. Speaker and Gentlemen,

The senate concur with your amendments to, the bill making compensa-
tion to the members, clerks, and door-keepers of the general assembly, and
name Messrs. Lewis and Rutledge to see them made.

On motion,

Resolved, that George Roulstone, public printer, shall, within two
months after the receipt of the copies of the acts and journals at his of-
fice, print five hundred copies of the acts, and one hundred copies of the
journals of this general assembly, to be distributed as follows : One copy
of the acts and journals to his Ex(^llency the Governor ; one copy to the
secretary of State ; one copy to each of the members of this state in Con-
gress ; one copy to each of the members of the general ass;^mbly ; one
copy to each of the clerks of both houses, one copy to each of the judges
of the superior courts ; one copy to the attorney general of each district ;
one copy to each of the clerks of the superior courts of law, and court of
equity, and county courts ; one copy to the,piajor genei;al ; one copy to the
brigadier general of each district. K

Also, one copy of the acts to the following persons, to wit : One copy to
each justice of the peace in this state ; one copy to each field officer of
the militia ; and one copy to each commanding officer of each company. —
And the overplus, if any, the said printer is directed to lodge in the office
of the secretary of state, for the use of the state.

And the printer is hereby directed to transmit the acts and journals for
each county for the civil department, to the clerk of each county, who is
directed to receipt for the same, and deliver them agreeably to this re-
solve ; and those for the militia, to the commanding officer of each county,
who is also directed to receipt for the same, an4 deliver them agreeably
to this resolve. '***'*

Recelred from the house of representatives, the resolution of this house
respecting the printer's duty in printing the laws, &c. endorsed, concurred
with.

Received from the bouse of rep^sentatives, the statement of the treas-
urer's accounts, with the report of the committee thereon ; endorsed, con-
curred with.
Which is as follows :



46



., Mr. Oafew from the committee of finance, reported the follov/mg state-
ment of the public funds :

Dph. Cts.
The amount of monies rsceived ty the treasurer of } ggg^ gg

Washington and Hamilton districts, >

By the amount of monies paid out by the above named >

treasurer, 1

Balance in the treasury, on which the treasurer's com- i g^g gg

mission of five per cent is paid, )

The amount of monies received by the treasurer of > ^g^g gij g.jg

Mero district, 5

By the amount of monies paid out by the above named i „. gg g ^^

treasurer, ^

By the amount of said treasurer's commissioD, at five > 108 30

per cent on the said monies paid out, ^

For stationaiy allowed said treasurer, 23

Dols. 2297 33 3-4

Balance in the treasury of Mero district, Dols. 2603 3 9-16



The above accounts settled by Howell Tatom, treasurer of Mero clistrict
up to March 18, 1796, as per vouchers, filed inthe secretary's offiee ot this
state.

Also, by Landon Carter, treasurer of Washington and Hamilton districts,
up to April 13, 1796.

ALEX. OUTLAW, Ch.

Which being read, was concurred with.

Ordered, that the following message be sent to the house of representa-
tives :
Mr. Speaker and Gentlemen,

The senate propose to add the name of Benjamin M'Nutt to the nomi-
*>• nation of magistrates in the county of Greene. They concur in. leaving
out of the appointment the names of Maiian, Puckett, Lusk, and Dun-
\yoody.

Received from the house of representatives the following message :

Mr. ^edker and Gentlemen,

This house oannot concur with you in appointing Benjamin M'Nutt a
justice of the peace.

Mr. Lewis from the committee appointed to examine engrossed bille,
reported- that they had examined the following bills, and fou/id them to
be duly engrossed, to wit : =»

,. An act directing the mode of preferring memorials to the general as-
sembly, for the division of counties, and fixing court hous^ .

An act providing forjihe appointment of electors, to elect* a President
and Vice President of (he United States,

An act to prevent the obstruction of the navigstion of Red river,

Sn act to establish the town of Maryville, and for other purposes there-
in mentioned.



47

An act for regulating the town of Jonesborongh, &.c.

An act ascertaining the number of attornies general,'&c.

Au act to jprovide for the payment of the governor's salary, ^c.

An act to repeal jpart of the sixth section of an act, entitled " An act
ascertaining what property in this state shall be deemed taxable property,
passed September 30, 1794.

An act making compensation, to the inembers, clerks, and door-keepers,
of the general assembly, and for defraying other necessary contingencies.

An act making provision for mistakes in surveys of lands, and

An act to amend an act entitled an act, establishing a town dh Cumber-
land river, at a place called the Bluff, &c.

Received from' the house of representative^ the following messages :

Mr. Speaker andr Gentlemen, ■ ^

We herewith send you a report of the special committee,^ appointed to
report on the communication of the governor; respecting the practicability
of opening a w^aggon road, by way, of the warm springs, through the
mountains. It is the sense of this house^ that the governor of this state
be instructed to inform the governor of South Carolina, that; thia.govern-
meut will proceed to make the necessary arrangements -for the completion «,
of this object, as soon as the public funds will admit.

Mr. Speaker and Gentlemen,

The house agree to strike out'the names of those justices of the peace,
concerning whom a dissension has arisen, to wit: M'Mahan, Puckett,
Lusk and Dunwpody. j. , - ■ ,

Which beiugTead, were concurred with. •'•'■='

Ordered, that the following message be sent to the house of represen-
tatives: ^

Mr. Speaker and Gentlemen,

The business of the session being ended, the senate propose adjourning
sine die.

Received from the house of represeBtatives the following; message :
Mr. Speaker and Gentlemen, li^B' i

We concur v\^itfa your message proposing an adjournment.

The house then adjourned sine die. ^ ,

JAMES WINCHESTER, S. S.

By order of the House,
GEORGE ROULSTONB, C. S,

IS



ESTIMATE ofthe'pdyfofihe members, clerks, and door keepers of the gen-
erdl assembly, begun and held at Knoxville, on the ^S(h day of ^drch,
1796.











A.




1


D9 '


6-.










^■


■o


'S'


s\


^


NAMES;


T3

O


t-t,


o


t


o




o


§■


A




E




^


CU


'&■


cu


<


Alexander KeHy,


25


$1 75


26


$1 75


$45 50


James Hous^dn,


25


1 75


45


1 75


46 96


Joseph'^Iack,


27


1 75


30


1 75


49 39


Joel Lewis,


27


1 75


400


1 75


75 26


Robert Weakley,


27


1 75


400


1 75


76 25


Seth Lewis,


27


1 75


400


1 75


75 25


Samuel Frazier,


27


1 75


160


I 75


58 45


Joseph Conway,


27


1 75


116


1 75


55 37


John Gass, ',.


27


1 75


150


I 75


57 76


Joseph M'Mln',


16


1 75


160


1 75


39 20


Thomas Henderson,


; 27


1 75


100


1 75


54 25


John Cocke,


27


: 1 75


70


1 75


62 15


George Doherty,


27


1 75


60


1 75


51 45


Alexander Outlaw,


27 .


1 75


100


1 75


64 26


Adam Peck,


27 -


1 76


56


1 75


51 17


James White,


27


1 75




1 75


,47 25


Johtf Menefea,


27


1 75




1 75


47 25


John Crawford,


27


1 75




1 76


41 25


George' Rutledge,


27'


1 75


240


1 75


64 5


3'ohn Rhea,


27 '5


1 75


240


1 75.


64 6


David Looney, • •


27


ITS-


240


1 76


64 5


James Winchester,


27


1 75


330


1 75


70 36


Stepljen Cantrel,


27


1 75 ,


370


1 75


73 15


William Montgomery,


27


1 75


360


1 75


72 45


John Clack,


27


1 75


60


1 75


51 45


Spencer Clack,


y2r


1 75


60


1 75


51 45


Samuel Newel,


27


1 75


24


1 75


48 93


James Ford,


27


1 75


440


1 75


78 5


Thomas Johnson,


27


1 15-


400


i r75


,> 75 25.


William Fort,


27


1 75


440


1 75


78 5


John Tipton,


27


1 75


218


1 75


62 61


James Stuart,


27


1 75


200


1 75


61 25


John Blair, '<' '


27


1 75


186


1 75


60 27


Francis A. Ramsej; clerk












to the senate, ■'


7


2 50






17 60


Gepige Roulstone, do,


1. 20


2 50




,


50



49



Nathaniel Buckingham,
assistant clerk to do,

Allowance to George Roul-
slone for contingencies,

Allowance to Nathaniel
Buckingham for contin-
gencies,

Thomas H. Williams,
clerk house of represen-
tatives,

Contingencies.

John Sevier, jun. assistant
clerk.

Contingencies,

Thomas Boundsj door-
keeper to the senate,

J. Rhea, door-keeper to
the house of represen-
tatives.



27


1 76






27


2 60






27


1.76






27


1 75






27


^m







47 25
22

12 50



67 50


22


47 26


12 50


47 25


■'■*^


«1,47 25


' r-A. ..



. JOUMAL



OF THE



HOUSE OF EEPEESEITATIVES'



OP THK



if*/



STATE OF TENNESSEE,



BEGUN AND HKLD AT KNOXVILLE, ON MONDAY, THE 4ff
TWENTY-EIGHTH OP MARCH, ONE THOUSAND SEVEN
HUNDRED AND NINETY SIX.



..*,» ,



'i



i KNOXVILLE:

PRINTED BY GEORGE ' ROULBTONE, PRINTER TO THE STATE, 1796.



NASHVlLIiE:

RE PRINTED BY McKENNlE fe BROWN, TRUE WHIG OFFICE.
'1852. . f^f,



ORDEKED TO BE RE-PRINTED BY THE GENERAL ASSEMBLY
OF THE STATE OF TENNESSEE, OP 1851-'2.



JO U RUE



OP THE



HOUSE OF REPRESENTATIVES



OF THE



STATE OF TENNESSEE.



AT a meeting of the general.ASBembly of the st^tte of TiennesEee,- began
and. held at Knoxville, on the 28th day of. March, 1796, being the
first session of said, assembly) the following members appeared, produced
their ciedenllialsjandi took their Be9,ts,.viz :

James Hoaston and Joseph Black, from the county of Blount.

Robert Weak)ey-^nd Set^ Lewis, from ^the. county of Davidson.

Joseph Cooway and John.Grass, from the county of Greene- *"

John Cocke and Thomas Henderson, from the county of Hawkins.

Alexander Outlaw and Adam ^eck^ from the coupty of, Jefieison.

John Menefee and John Crawford, |i:om the county of Knox.

John Rhea and David Looney, fronrthe county, of SuUivan.

Spencer Clack and Samuel Newel, from the- county of Sevier.

Stephen Cantrell and William Mpntgomeryi from the county of Sumner.

Thomas Johnson and William Fort, from>the county of Tennessee.

John Blair and James. Stuart, from the county of Washington.

The house proceeded to the appointment of a speaker, wbea James
Stuart was unanimously chosen and conducted to the .<)hair.-

It: was moved by Mr. Rhea, and seconded by Mr. ,Fprt,, that the mem-
bers of this house take the path as prescribed by the constit.^tion ; and
also the following oath, yj;z :

I 4- B. do solemnly swear (or affirm, as the case may be) that I will
support the constitution of the state of Tennessee, g. ^^

It was then moved by Mr. Outlaw, secoiide.d by Mr. Foj-t, that the house
appoint a clerk, when Thomas H. William'sjwas unKnimqusIy chosen, and
qualified accordingly. **

4- ■ ' .



On motion of Mr. Port, seconded by Mr. Cocke, John Sevier was ap-
'. pointed assistant clerk.
■ Jolin Rhea was chosen door-keeper.

On motion of Mr. Outlaw, seconded by Mr. Fort, resolved, that a com-
mittee of five members be appointed to draught and report to this house,
what rules are necessary to be observed by the members thereof, and that
Messrs. Rhea, Outlaw, Fort, Weakley, and Newel compose said commit-
tee. "

On motion of Mr. Port, seconded by Mr. Blair, resolved, that a commit-
tee of privileges and elections be appointed, and that Messrs! Johnston,
Lewis, Cantrell, Houston, and Gass, compose the same.

The house then adjourned till to-morrow 9 o'clock, a. m.



: TUESDAY, MARCH 29, 1796.

THE house met according to adjournment.

It was moved by Mr. Port, and seconded by Mr. Rhea, that David Loo-
ney, a member from Sullivan county, take the oaths required to be taken
by the members of this house.

' The committee to whom it was referred to draught and report what rules
are necessary to be observed, by the members of this house, made the fol-
lowing report, viz :

1st. Whei^the speaker is in the chair every member may sit with his
head covered.

2. Every member shall come into the house with bis head uncovered,
and shall continue so at all times but when he sits in his place.

3. The speaker having taken the chair, and a majority of the members
being present, the clerk shall read the journal of the preceding day, in
order that any mistake may be corrected that may have been made in the
entries.

4. While the journal or public papers are reading; or when any mem-
ber is speaking, there shall be no interruption, nor shall any member read
any printed paper, but the attention of the members is expected.

6. Every member when he speaks, shall, standing in his place, address
himself to the speaker (or chairman) as the case may be, who shall give
his attention by naming the member.

6. If two or more members rise to speak, at the same time, the speaker
shall determine who shall speak first.

7. When any motion shall be before the house, and not properly under-
stood, the speaker may explain, but shall not attempt, in any such expla-
nation, to sway the house by argument or debate.

8. The speaker, with leave of the house, shall have privilege to speak
upon any subject proposed, agreeably to the rules established by the house;
provided,r,he speak before the arguments are gone through.

9. A member digressing from the subject, or using personal observation
or reflection, may be called to order by the speaker or chairman, or any
member of the house.

10. All motions to be committed to , writing and seconded, and handed
to the speaker, befdfe the same can be considered in the possession of the

' house, except a motion of course.



11. No questioo to be put upon jnotion, unless seconded.

12. No member'to speak more than twice., without leave of the house,
to the same question, unless in a committee of the whole.

13. When a question is before the house, no motion shall be received
unless for amendment, for the previous |^uestion, or to commit or to ad-
journ.

14. No member to depart the service of the house without leave.

15. It shall be the duty of the speaker (or chairman) to call gentlemen
spectators, appearing among the members when in session, by name, to
desire them to withdraw to the seats assigned them.

All which is submitted, ' '

(Signed) Wm. FORT, Chr. .^

It was moved by Mr. Rhea, seconded by Mr. Newel", that the members
of this house take an oath to support the constitution of the Unjted States,
which was objected to ; and after some debating thereon was carried in



Online LibrarySouth of the River Ohio. General Assembly. Legisl Territory of the United StatesJournal of the proceedings of the Legislative Council of the Territory of the United States of America, South of the River Ohio : begun and held at Knoxville, the 25th day of August, 1794 → online text (page 20 of 30)