Resolved, That the general provision heretofore adopted by this Convention, relative to the establishment of new Counties be so amended, that no new County shall be established by the Legislature to consist of less than three hundred and fifty square miles, and shall contain qualified voters. And that the size of no older County or Counties shall be reduced to less than five hundred square miles; and that, on account of change of lines to establish new Counties, shall the present seats of justice in any of the old counties be removed. On motion of Mr JOHN A. MCKINNEY, The resolution submitted by him on Friday last, providing, "that the Legislature of this State shall have a regular session once in three years only," was taken up and read; and after some discussion had thereon, it was, on motion of Mr ALLEN, ordered to the table. On motion of Mr ROADMAN, The report of the Committee of the Whole made on Friday last, was taken up. Mr CANNON moved that it be read, and acted upon section by section; which motion prevailing, The first, second, third, fourth, fifth, sixth, seventh, eighth, ninth, tenth, eleventh, twelfth, and thirteenth sections of the Bill of Rights were severally read and concurred with. The fourteenth section was next read. Mr SMITH moved to amend, by adding thereto the following: "except in cases provided for by the Legislature," which motion was rejected. The said fourteenth section was thereupon concurred with, without amendment. The fifteenth, sixteenth, seventeenth, eighteenth, nineteenth, twentieth, twenty-first, twenty-second, twenty-third, twenty-fourth, and twenty-fifth sections of the same Article were thereupon read and concurred with. The twenty-sixth section being read, Mr ROADMAN moved to strike therefrom the word "white," in lieu of which Mr ROBERT J. MCKINNEY proposed to substitute the word "citizens." The question was then had upon the proposition of Mr ROADMAN, and determined in the negative; ayes 19, noes 30. The ayes and noes being demanded, those who voted in the affirmative are, Messrs. Armstrong, Bradshaw, Gillespy, Gray, Hill, Kelly, Kincaid, Kimbrough, Robert J. McKinney, McGaughey, Nelson, Roadman, Richardson, Stephenson, Smith, Scott, Whitson, Walton and Webster; 19: Those who voted in the negative are Messrs. President (Carter,) Allen, Alexander, Blount, Cannon, Childress, Cahal, Cobbs, Cheatham, Cross, Fulton, Fogg, Garrett, Hodges, Huntsman, Humphreys, Hess, Kendall, Loving, McClellan, John A. McKinney, Mabry, Montgomery, Marr, Purdy, Ridley, Smartt, Sharp, Ury and Weakley; 30. Mr FULTON moved to amend said section, by adding thereto, after the word "State" the following: "being citizens of the United States;" and the question thereon being had, it was determined in the negative; ayes 19; noes 30. The ayes and noes being demanded, Those who voted in the affirmative are, Messrs. President (Carter,) Armstrong, Bradshaw, Blount, Childress, Fulton, Fogg, Hodges, Hill, Huntsman, Kincaid, Kimbrough, McClellan, Marr, Smartt, Sharp, Ury, Weakley, and Webster; 19. The negative voters are, Messrs. Allen, Alexander, Cannon, Cahal, Cobbs, Cheatham, Cross, Garrett, Gillespy, Gray, Humphreys, Hess, Kelly, Kendall, Loving, Robert J. McKinney, John A. McKinney, Mabry, McGaughey, Montgomery, Nelson, Purdy, Roadman, Richardson, Ridley, Stevenson, Smith, Scott, Whitson and Walton; 30. The said twenty-sixth section was thereupon read, as reported, and concurred with. The twenty-seventh section was then read, and concurred with. The twenty-eighth section being read, Mr BLOUNT offered the following in lieu thereof, to wit: "The militia of this State, shall at all times hereafter be armed, and disciplined, and in readiness for service; but all such inhabitants of this State of any religious denomination whatever (as from scruples of conscience may be averse to bearing arms) shall be excused therefrom by paying the State an equivalent in money, and the Legislature shall provide by law, for the collection of such equivalent, to be estimated according to the expense in time and money of any able bodied militia man." And thereupon the question was had, "will the Convention receive the said amendment?" and determined in the negative; ayes 12, noes 37. The ayes and noes being demanded, Those who voted in the affirmative are, Messrs. Armstrong, Blount, Cannon, Cahal, Fulton, Marr, Purdy, Smith, Sharp, Scott, Ury and Weakley; 12. The negative voters are Messrs. President (Carter,) Allen, Alexander, Bradshaw, Childress, Cobbs, Cheatham, Cross, Fogg, Garrett, Gillespy, Gray, Hodges, Hill, Huntsman, Humphreys, Hess, Kelly, Kincaid, Kendall, Kimbrough, Loving, McClellan, Robert J. McKinney, John A. McKinney, Mabry, McGaughey, Montgomery, Nelson, Roadman, Richardson, Ridley, Stevenson, Smartt, Whitson, Walton and Webster; 37. Mr FULTON then offered the following in lieu of the said twentyeighth section, to wit: "That any citizen of this State may be exempted from bearing arms, by the Legislature.' And the question thercon being had, it was determined in the negative; ayes 15, noes 36. The ayes and noes being demanded, Messrs. Armstrong, Cannon, Cahal, Fulton, Marr, Nelson, Purdy, Ridley, Smith, Sharp, Scott, Ury and Weakley; 13. Those who voted in the negative are, Messrs. President (Carter,) Allen, Alexander, Bradshaw, Blount, Childress, Cobbs, Cheatham, Cross, Fogg, Garrett, Gillespy, Gray, Hodges, Hill, Huntsman, Humphreys, Hess, Kelly, Kincaid, Kendall, Kimbrough, Loving, McClellan, Robert J. McKinney, John A. McKinney, Mabry, McGaughey, Montgomery, Roadman, Richardson, Stevenson, Smartt, Whitson, Walton and Webster; 36. And so the said amendment was rejected. Mr CHEATHAM thereupon moved to amend the said twenty-eighth section, by adding thereto the following, "or furnish a good and sufficient substitute," which was also rejected. Mr GRAY then offered the following in lieu of said section, to wit: "That no person who is religiously scrupulous of bearing arms, can be compelled to do so; but he may be compelled to pay an equivalent for military service in such manner as shall be prescribed by law." And the question being thereon had, it was determined in the negative. Mr MARR offered the following in lieu of the said twenty-eighth section, to-wit: "That all citizens of this State may be excused from bearing arms, provided they will pay an equivalent to be ascertained by law." Which was also rejected. The said section was thereupon read as reported, and concurred with without amendment. The twenty-ninth, thirtieth, and thirty-first sections were next severally read and concurred with. Mr GILLESPY moved to amend the said report, by reinstating the thirty-first section of the Bill of Rights annexed to the existing Constitution, which motion prevailed. The first section of the first article was next read and concurred with. The second section being read, Mr MCGAUGHEY moved to strike therefrom the words "seventy-five," for the purpose of inserting the word "fifty." MR MCCLELLAN moved a division of the question, which motion prevailing, the question was thereupon had, "will the Convention strike out the words 'seventy-five?"" and determined in the negative; ayes 19, noes 34. The ayes and noes being demanded, Those who voted in the affirmative are, Messrs. Bradshaw, Burton, Cannon, Childress, Douglass, Gillespy, Kincaid, Kendall, Kimbrough, McClellan, Robert J. McKinney, McGaughey, Richardson, Ridley, Robertson, Stephenson, Scott, Watson and Webster; 9. Those who voted in the negative are, Messrs. President (Carter,) Allen, Alexander, Blount, Cahal, Cobbs, Cheatham, Cross, Fulton, Fogg, Garrett, Gray, Hodges, Hill, Huntsman, Humphreys, Hess, Kelly, Kincannon, Loving, Mabry, Montgomery, Marr, Nelson, Purdy, Roadman, Senter, Smith, Smartt, Sharp, Ury, Whitson, White and Weakley; 34. Mr PURDY moved to fill the blank in the said section with the words "ninety-nine," and thereupon the question was had and determined in the affirmative; ayes 29, noes 24. The ayes and noes being demanded, Those who voted in the affirmative are, Messrs. President (Carter,) Allen, Alexander, Blount, Cahal, Cobbs, Fulton, Fogg, Garrett, Gray, Hodges, Hill, Huntsman, Humphreys, Hess, Kelly, Kincannon, Loving, Marr, Nelson, Purdy, Ridley, Smith, Smartt, Sharp, Ury, Whitson, Walton and White; 29. Those who voted in the negative are, Messrs. Bradshaw, Burton, Cannon, Childress, Cheatham, Cross, Douglass, Gillespy, Kincaid, Kendall, Kimbrough, McClellan, Robert J. McKinney, Mabry, McGaughey, Montgomery, Roadman, Richardson, Robertson, Stephenson, Senter, Scott, Webster and Weakley; 24. Mr GRAY moved to add the words "and a half," immediately after the word "million"; which motion prevailed, and the amendment was ordered. Mr CHILDRESS Moved to strike from said section the following, "provided that any one of the small counties, having two-thirds of the ratio, shall be entitled to one member"; and thereupon the question was had and determined in the negative; ayes 9, noes 46. The ayes and noes being demanded, The affirmative voters are, Messrs. Allen, Burton, Cannon, Childress, Douglass, Fulton, Kincannon, Kimbrough and Webster; 9. The negative voters are, Messrs. President (Carter,) Armstrong, Alexander, Bradshaw, Blount, Cahal, Cobbs, Cheatham, Cross, Fogg, Garrett, Gillespy, Gray, Hodges, Hill, Huntsman, Humphreys, Hess, Kelly, Kincaid, Kendall, Loving, McClellan, Robert J. McKinney, John A. McKinney, Mabry, McGaughey, Montgomery, Marr, Nelson, Purdy, Roadman, Richardson, Ridley, Robertson, Stephenson, Senter, Smith, Smartt, Sharp, Scott, Ury, Whitson, Walton, White and Weakley; 46. The said second section as amended, was thereupon read and concurred with. The third section of said first article being read, Mr. JOHN A. McKINNEY moved to amend by striking therefrom the words, "one-third the number of Representatives," for the purpose of substituting therefor the words, "twenty-five and shall never exceed that number." Mr ALEXANDER moved a division of the question, which motion prevailing, the question was thereupon had, "will the Convention strike out the said words?" and determined in the negative; ayes 19, noes 36. The ayes and noes being demanded, Those who voted in the affirmative are, Messrs. President (Carter,) Allen, Bradshaw, Childress, Gillespy, Kendall, Kimbrough, McClellan, Robert J. McKinney, John A. McKinney, Mabry, McGaughey, Montgomery, Roadman, Robertson, Stephenson, Senter, Smith and Scott; 19. The negative voters are, Messrs. Armstrong, Alexander, Burton, Blount, Cannon, Cahal, Cobbs, Cheatham, Cross, Douglass, Fulton, Fogg, Garrett, Gray, Hodges, Hill, Huntsman, Humphreys, Hess, Kelly, Kincannon, Kincaid, Loving, Marr, Nelson, Purdy, Richardson, Ridley, Smartt, Sharp, Ury, Whitson, Walton, White, Webster and Weakley; 36. Mr DOUGLASS then offered the following, as an amendment to the said section, to wit: "And provided further, that if two or more counties adjoining shall have fractions, whose aggregate may amount to the ratio, an additional member shall be allowed to said counties alternately." In lieu of which, Mr FOGG moved to insert the words, "or counties" immediately after the word "county" in the several places where it occurs in said section; which motion was determined in the affirmative. The said third section as amended, was read and concurred with. The fourth section being read, Mr HUNTSMAN moved to strike therefrom, the words, "first Monday" for the purpose of inserting in lieu thereof the words, "second Monday." Mr JOHN A. MCKINNEY, moved a division of the question; which prevailing, the question was thereupon had, on striking out, and determined in the negative. Whereupon the said section was concurred with, without amend ment. The fifth section being read, Mr JOHN A. MCKINNEY moved to strike therefrom the word "two" and insert in lieu thereof the word "three." And thereon the question was had and determined in the negative; ayes 24, noes 31. The ayes and noes being demanded, The affirmative voters are, Messrs. President (Carter,) Allen, Bradshaw, Childress, Cheatham, Douglass, Fogg, Garrett, Gillespy, Hodges, Hill, Hess, Kendall, Kimbrough, McClellan, Robert J. McKinney, John A. McKinney, McGaughey, Nelson, Roadman, Robertson, Senter, Walton and Weakley; 24. The negative voters are, Messrs. Armstrong, Alexander, Burton, Blount, Cannon, Cahal, Cobbs, Cross, Fulton, Gray, Huntsman, Humphreys, Kelly, Kincannon, Kincaid, Loving, Mabry, Montgomery, Marr, Purdy, Richardson, Ridley, Stephenson, Smith, Smartt, Sharp, Scott, Ury, Whitson, White and Webster; 31. Mr ROBERT J. MCKINNEY moved to amend the said section by adding thereto the following, to wit: |