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30th. Resolved, That the valuation of land and the tax levied thereon shall be the basis by which all other taxation shall be regulated.

21st. Resolved, That the formality of presentment and indictment shall be dispensed with in the trial for assault and battery, and other minor offences, and Justices of the Peace shall have power to hear and determine such causes, with the right to empannel a jury to try facts.

22nd. Resolved, That no free man shall be required to work on roads or perform military duty, until he is entitled to exercise the right of suffrage.

23rd. Resolved, That no person shall hold more than one office of profit at the same time.

24th. Resolved, That the Legislature be restricted from the exercise of the power of granting divorces, and that no divorces shall be made but such as may be granted by the judicial tribunals of the country.

25th. Resolved, That the Legislature shall not be authorized to grant the privilege of drawing lotteries of any kind, or for any pur

pose.

Mr. ROBERTSON, the following:

1st. Resolved, That in the year 1840, and in every subsequent term of ten years, an enumeration of the inhabitants of the State shall be made, in such manner as shall be directed by law, and that the number of Representatives, shall at the several periods of making such enumeration, be fixed by the Legislature, and apportioned amongst the different counties according to population, in such proportion that no county shall have more than two Representatives, nor shall more than two counties be put together to form a district.

2nd. Resolved, That until the year 1840, the number of Representatives shall not exceed sixty two; and after that period may be increased to seventy-five, and apportioned amongst the several counties in the same ratio as heretofore mentioned.

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3rd. Resolved, That the number of Senators shall at the several periods of making the enumeration before mentioned, be fixed by the Legislature, and apportioned amongst the different counties according to their population, and shall never be less than one third, nor more than two fifths of the number of Representatives; the Senators to be chosen by districts, to be formed by the Legislature, each district to contain such a number of inhabitants as shall be entitled to elect not more than two Senators, and when a district shall be composed of two or more counties, they shall be adjoining, and no county shall be divided in forming a district.

Mr. HUNTSMAN, the following:

Resolved, That any arrangement made by the Treasurer of West Tennessee, with any or either of the Banks, for as much money as may be indispensable for defraying the expenses of this Convention, under a resolution adopted on the 24th day of May, 1834, be considered as obligatory upon the State, to repay said sums out of the ordinary revenue of the State as soon as received, with common interest thereupon;

Mr. HUNTSMAN moved a suspension of the rule requiring said resolution to lay on the table one day:

Mr. KIMBROUGH moved that it be ordered to the table, which prevailed.

Mr. J. A. M'KINNEY, the following:

Resolved, That it is inexpedient to fix the Seat of Government by the Constitution, it being the proper business of the Legislature to fix the Seat of Government.

Mr. KIMBROUCH, the following:

Resolved, That no other amendment should be made to the 2nd section of the 1st article, but the insertion of the "term of ten years" in the place of the "term of seven years."

Mr. FoGG's resolution of yesterday, providing that not more than one hour, in each day, should be devoted to the subject of resolutions, was on his motion taken up, read and adopted.

Mr. FULTON submitted the following:

Resolved, That provision be made in the Constitution, that the present Judges of the Supreme Court, Chancellors and Judges of the Circuit Courts, shall remain in office until the termination of the session of the first Legislature elected under this Constitution, and no longer. Mr. KINCANNON, the following:

Resolved, That the Secretary of State be directed to report to this Convention, as nearly as practicable, the true geographical centre of this State, according to the boundaries as at present claimed, having no regard to population.

On motion of Mr. BURTON, it was ordered, that all resolutions proposing amendments or alterations to the existing Constitution, submitted previous to this day, be referred to the Committee of the Whole.

On motion of Mr. ALLEN, the Convention resolved itself into Committee of the Whole, on the Constitution, Mr. Cannon in the Chairand after some time spent in the consideration thereof, the Commit. tee rose, reported progress, and asked and obtained leave to sit again. Mr. HUNTSMAN, from the Committee to whom was referred the Memorial of Col. Edward Ward, contesting the election of Adam R. Alexander, Esq., the delegate from the county of Shelby, reported, that the Committee have had the same under consideration, and had instructed him to report in part the following:

"That upon an inspection of the testimony submitted by both of the gentlemen, your committee were of opinion, that it did not come within the rules of testimony, and could not be received by them, as such, unless the parties would agree to waive all irregularities and legal exceptions, and submit it for the action of the committee as legal evidence, and to be so considered by them. With this view several communications between those gentlemen and the committee were had, and several personal conferences also; your committee were favoured by the arguments of Counsel upon all the law points, and these having been settled, nothing but the facts remains to be investigated.Both of the gentlemen claiming the seat, have manifested most strong

ly a disposition to have this controversy adjusted in a fair, open and strictly honorable manner, and have exercised the most friendly deportment towards each other; they have therefore relieved the committee and the Convention from much embarrassment, by an amicable arrangement between themselves, that such testimony as has been taken by notice or by list interchanged and furnished to each other, shall be considered by the committee as legal: for such portions of the evidence as have been taken by either party already, and in relation to which no lists have been furnished the other, that rebutting testimony may also be taken, and that either shall be at liberty to take additional testimony at any time, so that it can be returned by Friday 17th June in order thereby to dispose of the controversy finally.

"Your committee have been assured, by the before mentioned gentlemen, that it would be a source of mortification to them, to find it necessary, for the attainment of justice, to cause the attendance of witnesses to give testimony in this behalf; yet, as the interest of Shelby county is deeply interested in the question, they must ask of your honorable body, through the committee, for the power to send for persons and papers, and for such process as will compel the attendance of witnesses, under such pains and penalties as you may prescribe. Your committee therefore recommend the adoption of the following resolutions.

"1st. Resolved, That commissions to take depositions and subpoenas for witnesses be granted to either party, to take depositions before any Justice of the Peace for Shelby county, either with or without notice, as the parties may agree upon; which shall be read as evidence before the committee.

"2nd. Resolved, That if any witness or witnesses shall fail or refuse to attend, for the purpose of giving testimony, when legally summoned in this behalf, he, she or they, shall be subject to all the pains and penalties that witnesses are liable to, who are summoned in the Circuit courts of this State, and who refuse to attend."

On motion of Mr. BURTON, the foregoing report was ordered to the table.

On motion of Mr ROADMAN,the Convention again resolved itself into a Committee of the Whole, Mr. Cannon in the Chair, on the existing Constitution and the several resolutions proposing amendments thereto, and after some time spent in the consideration thereof, the Committee rose, reported progress, and asked and obtained leave to sit again.

Mr. CHILDRESS moved, that the resolution submitted by him on yesterday, requiring the Convention, when in Committee of the Whole, to take up the Constitution, article by article, and section by section, and to make their propositions to amend without debate, and referring the said amendments to committees, be taken up and considered, which prevailing, the said resolution was thereupon taken up, read, and rejected.

On motion of Mr CANNON, the resolution submitted by him on yes

terday, requiring propositions to amend or change the present Constitution, to be read three times, on three different days, and to be sustained upon each reading, by a majority of the members present, before its adoption; was taken up and read; and after some discussion thereon,

Mr. WEBSTER moved to lay it on the table, which motion being lost, the question was submitted, "will the Convention adopt the resolution?" and determined in the affirmative.

The President presented sundry memorials on the subject of emaneipation, which were severally read and ordered to the table.

Mr. JOHN A. M'KINNEY Submitted the following:

Resolved, That a committee of three be appointed to inquire and report to this Convention, the number of Journals that ought to be printed for distribution; and also, whether the Journals ordered to be printed for the use of the members, adopted on the 27th inst. can be struck off at the same time with the Journals for distribution and until such committee make a report and the same is acted upon by this Convention, that the resolution of the 27th may be suspended and no further expense be incurred.

And the rule being suspended, on motion of Mr JOHN A. M'KINNEY, the resolution was adopted.

The President appointed Mr J. A. M'Kinney, Mr Kincaid and Mr Hess the said committee.

Mr. CAHAL renewed the motion, heretofore made by him, to take up and refer the several memorials in relation to new counties, to the committee on Propositions and Grievances: and after some discussion thereon, Mr Cahal withdrew his motion.

Mr. WALTON submitted the following:

Resolved, That five members be appointed a committee to draft the form of the new Constitution, and bring the same before the Convention, for discussion or alteration, as the Convention may think proper.

On motion of Mr Webster, the resolution submitted by Mr. Greene, on Friday last, proposing to increase the committee on Propositions and Grievances to the number of thirteen, was taken up and read; in lieu of which,

Mr. HUNTSMAN, submitted the following:

Resolved That all the petitions and memorials upon the subject of new counties,or changing the county lines,be referred to the Committee of the Whole; to be dealt with under the rule for taking up the Constitution, article by article, and section by section.

And after some discussion thereon, the said resolution and amendment were, on motion of Mr Mabry, ordered to the table.

Mr JOHN A. M'KINNEY asked to be discharged from the committee appointed to inquire and report to the Convention the number of Journals that should be printed for distribution, and for other purposes; and his request being granted, he moved that Mr. Fogg be added to said Committee, which prevailed.

And therepon the Convention adjourned.

THURSDAY, MAY 29, 1834.

The Convention met according to adjournment, and was opened with prayer, by the Rev. Mr. Edgar, of the Presbyterian church. Mr. ROBERT J. M'KINNEY presented a memorial from sundry citizens of Greene county, on the subject of emancipation; which was read, and, on his motion, ordered to the table.

Mr. M'GAUGHEY presented the memorial of three hundred and forty seven citizens of Greene county, on the subject of emancipation; which was read, and on his motion, ordered to the table.

Mr. ALLEN presented a memorial of sundry citizens of Warren, Wilson and Smith counties, in relation to new counties; which was read, and, on his motion, ordered to the table.

Mr FULTON presented a memorial of sundry citizens of Lincoln county, on the subject of slavery; which was read and ordered to the table.

Mr HUNTSMAN moved, that his report made on yesterday, be recommitted to the committee on Privileges and Elections; which was agreed to, and said report was accordingly recommitted to the said committee. Mr. FoGG, from the select committee appointed to inquire and report what number of Journals should be printed for distribution, &c. made the following report, to wit:

"The committee to whom was referred the subject of printing, by the resolution of the 23th instant, beg leave to report, that they have had the subject under consideration and made the necessary inquiries, and are of opinion that not less than six thousand copies of the Journals of the Convention ought to be printed, for distribution among the people. The committee are further of opinion from the estimates furnished, which are herewith submitted, that the daily expense of printing the Journals for the use of the members will not exceed five dollars a day, to which is to be added the expense of copying the Journals for the printer. The committee believe that it would be saving time and expense to have the Journals daily printed, according to the estimates submitted, as it will tend to shorten the Session, by bringing the subjects before the members from day to day; they therefore recommend the adoption of the following resolutions:

"Resolved, That six thousand copies of the Journals of the Convention be printed for distribution.

"Resolved, That the resolution of the 27th inst. be carried into effect, and that the Journals be printed for the use of the members, as in that resolution is contemplated, according to the estimates as furnished by the printers. F. B. FOGG, Chairman of the Committee."

Which said report was concurred in.

Mr. LEDBETTER submitted the following: Resolved, That a committee of members be appointed, to ascertain and report to this Convention, the amount of the common school funds belonging to the State, in what the same consists, whence

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