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Burkett, Carter, Dibbrell, Doherty, Fentress, Fielder, Gardner, Garner, Gibbs, Gordon, Heiskell, Hill of Gibson, House of Williamson, House of Montgomery, etc., Kennedy, Mabry, McDougal, Porter of Haywood, Porter of Henry, Seay, Shepard, Shelton, Stephens, Thompson of Maury, Turner and Williamson-31.

Those voting in the negative are :

Messrs. Branson, Britton, Brooks, Chowning, Coffin, Cummings, Deaderick, Dromgoole, Fulkerson, Gibson, Henderson, Hill of Warren, Ivie, Jones of Giles, Key, Kyle, McNabb, Martin, Meeks, Morris, Netherland, Nicholson, Parker, Sample, Taylor, Thompson of Davidson, Walters, Warner and Wright-29.

In reading the Constitution it was discovered that the provision in relation to the State not being the owner or stockholder in any bank was omitted, and it was ordered to be interlined.

NEW COUNTY.

Mr. SEAY offered the following as an independent Section to Article II.

Resolved, That the new county provided to be established out of fractions of Sumner, Macon and Smith counties when established, shall be excepted out of the provisions of Section 29, of Article II, requiring the assent of two-thirds of the votes cast at an election for a county to become a stockholder with, or to give or loan its credit to or in aid of any person, company, association or corporation.

Which was adopted by the Convention.

TAXES AND EXEMPTIONS,

Mr. STEPHENS moved a modification of Section 28, line four, by adding after the word “producer” “ and his immediate vendee.'

Mr. GARDNER demanded the yeas and nays, which were ordered, and the amendment adopted.

Yeas.....
Nays..

... 45 ....14

Those voting in the affirmative are:

Messrs. Allen, Blizard, Brooks, Brown of Davidson, Brown of Henry, etc., Burkett, Burton, Byrne, Carter, Chowning, Coffin, Dibbrell, Doherty, Dromgoole, Fentress, Fielder, Fulkerson, Gibbs,

Gordon, Heiskell, Henderson, Hill of Gibson, House of Williamson, Ivie, Jones of Giles, Kennedy, Key, Kyle, Mabry, McDougal, McNabb, Martin, Meeks, Nicholson, Porter of Haywood, Seay, Stephens, Taylor, Thompson of Davidson, Thompson of Maury, Turner, Walters, Warner and Williamson—45.

Those voting in the negative are :

Messrs. Baxter, Brandon, Branson, Britton, Gardner, Garner, Gaut, Gibson, Hill of Warren, House of Montgomery, etc., Morris, Netherland, Parker and Wright-14.

SUSPENSION OF RULES.

Mr. KYLE moved to suspend the rule, which requires a motion to reconsider to be made within two days after a vote has been taken.

Mr. THOMPSON, of Maury, offered the following resolution :

Resolved, That any rule of this Convention requiring a majority of two-thirds to take any motion to reconsider from the table be repealed, and it is declared to be the sense of this Convention that a majority can take from the table any motion to reconsider any vote of this Convention.

Mr. THOMPSON, of Maury, moved to suspend the rules to take up the resolution.

Mr. JONES, of Giles, demanded the yeas and nays to suspend the rule, which were ordered and the motion sustained :

Yeas.....

Nays.....

.32 ...30

Those voting in the affirmative are:

Messrs. Arledge, Blizard, Britton, Brooks, Brown of Henry, etc., Chowning, Coffin, Cummings, Deaderick, Dibbrell, Doherty, Henderson, Hill of Warren, Hill of Gibson, Ivie, Key, Kyle, Mabry, McDougal, McNabb, Martin, Meeks, Morris, Netherland, Nicholson, Parker, Seay, Taylor, Thompson of Davidson, Thompson of Maury, Walters and Warner-32.

Those voting in the negative are:

Messrs. Brandon, Branson, Brown of Davidson, Burkett, Burton, Byrne, Carter, Dromgoole, Fentress, Fielder, Finley, Fulkerson, Gardner, Garner, Gaut, Gibbs, Gibson, Gordon, Heiskell, House of

30

Williamson, House of Montgomery, etc., Jones of Giles, Kennedy, Porter of Haywood, Shepard, Staley, Stephens, Turner, Williamson and Wright-30.

Mr. KENNEDY moved to lay the resolution on the table, which was adopted : Yeas...

35 Nays Those voting in the affirmative are:

Messrs. Allen, Baxter, Blizard, Brandon, Brown of Davidson, Brown of Henry, etc., Burkett, Burton, Carter, Coffin, Cummings, Doherty, Dromgoole, Fentress, Fielder, Finley, Gardner, Garner, Gaut, Gibbs, Gibson, Gordon, Hill of Gibson, House of Williamson, House of Montgomery, etc., Jones of Giles, Kennedy, Key, Porter of Haywood, Shepard, Staley, Stephens, Turner, Williamson and Wright-35.

Those voting in the negative are :

Messrs. Arledge, Branson, Britton, Brooks, Byrne, Chowning, Cypert, Deaderick, Dibbrell, Fulkerson, Heiskell, Henderson, Hill of Warren, Ivie, Kyle, Mabry, McDougal, McNabb, Martin, Meeks, Morris, Netherland, Nicholson, Parker, Seay, Taylor, Thompson of Davidson, Thompson of Maury, Walters and Warner--30.

POLL TAX.

On motion of Mr. BRANDON Article IV, Section 1, was amended by adding after the word "poll tax”—“ assessed against him”and it was ordered that the alteration be made in the enrolled copy of the Constitution.

PROTESTS.

Mr. NETHERLAND presented the following protest :

The undersigned respectfully present to the Convention their protest against the action of this Honorable Body in requiring from every voter proof that he has paid his poll tax before he shall be allowed to vote in the elections in this State.

Their protest is made for the following reasons:

1. The elective franchise is a right, dear to every freeman, and necessary to protect him from unjust and unequal laws.

2. This provision may, and in some instances will prevent citizens from voting, as they may not have paid a poll tax because they have not been called on by the collector, or have been absent from home.

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3. The provision discriminates in favor of the land holder, and against the citizen who owns no land, and who is only liable for a poll tax. Because the land holder is not bound to show by proof that he has paid the taxes due on his lands, and his age, in many instances, will be such as to exempt him from the payment of any poll tax. And the poor citizen can with justice say, " that you require me to pay the uttermost farthing," all that I owe to the State, though I am poor, whilst my wealthy neighbor, who owns lands to the value of many thousand dollars, on which the taxes are due and unpaid, and when he is exempt by age from the payment of a poll tax, is allowed to vote, and therefore the provision of the Constitution is unjust and unequal, and discriminates in favor of the wealthy against the poor citizen.

4. The people of Tennessee have lately been relieved from the necessity of oaths and certificates before voting. This, to some extent, renews a system which the past has shown to be odious to the voters of the State. And although we will support the amended Constitution, as we believe it better than the old one, yet, we protest respectfully, but earnestly, against that feature which is contained in it, requiring proof of the payment of the poll tax before voting

JOHN NETHERLAND,
A. A. KYLE,
THOS. C. MORRIS,
G. W WALTERS,
JAMES BRITTON,
T. B. IVIE,
MATT. MARTIN,
M. MCNABB.

Mr. FENTRESS presented the following protest:

We protest against the adoption of the majority report of the Committee on Franchise and Elections, not only for the reasons assigned in the report of the minority of that Committee, but for the reason that it forces the people to endorse negro suffrage in that, if the people vote against the adoption of the Constitution as submitted, and thereby defeat it, they will be left as they are now, disfranchised, while the negro will remain an actual voter, (though we deny he would be legally so,) so that whether ratified or rejected the negro will be an actual voter. In one event the white man may lose his right to the elective franchise, under the present arbitrary laws, while the negro, in any event, is in the actual possession of a franchise that he has no capacity to exercise or appreciate.

We hold that this Convention has no right to force negre suffrage upon the people of Tennessee.

We hold further, that by adopting this principle of practical equality of races, it is a direct encouragement of a party whose object is, by usurpation, to destroy our republican system and to establish in its stead a consolidated despotism.

JAMES FENTRESS,

Of Hardeman.

WM. BLOUNT CARTER,

Of Carter.

WM. H. WILLIAMSON,

Of Wilson.

S. G. SHEPARD,

Of Wilson.

THANKS.

Mr. PORTER, of Henry, offered the following resolution :

Resolved, That the thanks of the Convention are hereby tendered to Messrs. Jos. A. MABRY & Co., for gratuitously furnishing the delegates copies of their able paper, the Daily Knoxville Whig, during the entire session.

The rules were suspended and the resolution unanimously adopted.

SIGNING THE CONSTITUTION.

Mr. JONES, of Giles, offered the following resolution :

Resolved, That this Convention will meet in this hall on to-morrow morning at half-past nine o'clock and resume the reading of the Constitution, and when the same shall be finished, the same will be signed by such delegates as may desire to do so, and no other business shall be in order or entertained by the Chair, until the Constitution shall be read and signed, when the President will adjourn this Convention without day.

Which, under a suspension of the rules, was adopted.

EXPENDITURES.

Mr. WILLIAMSON, from the Committee on Expenditures, made the following report :

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