gible for any office in the gift of the Legislature, for or during the term of two years for which he was elected, nor for any office created at a session of which he was a member.

6th. Resolved, That there should not be more than three Supreme Judges, to be elected once in six years: the number of Circuit Judges to be reduced, and elected once in four years.

7th. Resolved, That the Secretary of State be elected once in four years, by the qualified voters of the State: that Attorneys General be elected once in four years, by the qualified voters of their several districts: that Sheriffs, Coroners, Rangers and County Trustees be elected once in two years, by the qualified voters of the respective counties: and that Clerks be elected by the qualified voters of the respective counties: that Justices of the Peace be elected once in three years, and Constables once in two years, by the qualified voters of their respective companies or districts.

8th Resolved, That all lands, town lots, and other property subject to taxation, should be classed and taxed according to value.

9th. Resolved, That no free man should pay a poll tax, nor be com pelled to work on roads, without receiving a compensation for working on the same.

10th. Resolved, That all the Militia officers of this State, shall be elected by those citizens residing in their different or respective Divisions, Brigades or Regiments and Companies.

11th. Resolved, That the power of granting Divorces should be taken from the Legislature, and be given to the Courts of Justice.

12th. Resolved, That all elections should be free and equal, and no freehold should be required to qualify a voter to vote.

13th. Resolved, That drunkenness shall be a sufficient cause of disqualification, and shall disqualify any person from holding any office of honor or profit in this State.

14th. Resolved, That all incorporations in a free government are dangerous to the liberties of the people.

Mr BURTON, the following:

Resolved, That numbers of the Register of the Proceedings and Debates of this Convention, be furnished every week to each member of the Convention, as the best means of affording to their respective constituents information upon the deliberations of this assembly : And the rule being suspended on motion of Mr Burton-Mr Cannon moved to amend by striking out the word "debates"-Mr John A. M'Kinney moved to lay the resolution upon the table, but withdrew his motion at the request of Mr Allen; and after some debate thereon Mr Burton renewed the motion to lay it upon the table, which prevailed. Mr ALLEN thereupon moved a reconsideration of the vote ordering the resolution to the table; which motion failed.

On motion of Mr STEPHENSON the Convention again resolved itself into Committee of the Whole, Mr Cannon in the Chair, upon the existing Constitution and the various resolutions to them referred, proposing amendments thereto; and after some time spent in consideration

thereof, the Committee rose, reported progress, and asked and obtained leave to sit again.

And thereupon the Convention adjourned.

SATURDAY, MAY 31, 1834.

The Convention met according to adjournment, and was opened with prayer by the Rev. Mr Edgar of the Presbyterian Church.

Mr. GREENE presented a memorial of sundry citizens of Monroe and Roane counties on the subject of a new county; which was read and ordered to the table.

Mr KINCANNON submitted the following:

Whereas the 23rd section of the Bill of Rights declares, "that perpetuities and monopolies are contrary to the genius of a free state, and shall not be allowed": Therefore,

Resolved, That no Legislature hereafter to convene under the authority of this Constitution, shall have power to grant any charter conferring any banking privilege, unless the whole capital stock of the same shall be taken and owned exclusively and entirely by the State. Mr HUNTSMAN, the following:

Resolved, That one of the three following bases of Representation be adopted,as a compromise between the conflicting interests and opinions which exist in the different geographical sections of this State.

BASIS THE FIRST.-Each county in the State shall have one Representative, and if any county has now, or hereafter may have two thousand five hundred or three thousand free white taxable inhabitants, said county shall have two Representatives and no more, and the Representative branch shall never exceed ninety nine:

But as an equivalent for the advantage given by this basis to the small counties, the Senate shall be organized upon the compound bases of population and taxation combined, in such a manner as to prevent unreasonable taxation by the democratic branch of the Legislature, where all money bills originate, the Senatorial branch shall never exceed thirty three in number.

If the first basis should be unacceptable, then the second is posed, to be based upon the following principles.

BASIS THE SECOND.-It is proposed to give in the Representative branch one member to each county in the State, and when any county now has, or hereafter may have two thousand five hundred or three thousand free white taxable inhabitants, or whatever number may be agreed upon, that said county shall have two Representives and no

more.

But as an equivalent to the Senate for the advantage given to the small counties in the Representative branch, it is proposed, whatever number of Senators may be agreed upon from time to time, not exceeding at any time thirty three, that said Senators shall be equally apportioned by free white population throughout the State; provided, nevertheless, that whenever any one county in this State

shall present a population amounting to four fifths of the number required to elect one Senator, that said county shall be entitled to a Senator upon said four-fifths: and, provided also, that no county in this State shall ever have more than one Senator and two Representatives.

If neither of these bases should be favored by the majority, then, Basis the thirD.—It is proposed to increase the Representation by the basis fixed in the present Constitution, to such a number of Senators and Representatives as would be calculated to give, from time to time, a more ample Representation throughout the State; providing nevertheless, there should never be more than thirty three Senators and ninety nine Representatives at any time to come.

Mr BLOUNT, the following:

Resolved, That in fulfilment of the whole plan of representation, it is expedient, 1st, to settle the basis of representation whether it shall be that of numbers; whether it shall be by counties; or whether it shall be a mixed basis, partaking, in part, of numbers, and in part of territory: 2ndly, determine on what number of Senators and Representatives shall compose the first Legislature, not to exceed sixty, to be elected according to Senatorial districts, and according to Representative Districts, both to be stated by a fixed number of counties to compose them, respectively; together with the name of the counties to be inserted in the Constitution, subject to no future change in said districts, except, eventually, by the addition of new counties adjoining any of said permanent districts; 3dly, to fix the ratio of representation by which the number of Senators and Representatives shall from time to time be apportioned, by the Legislature, agreeably to numbers; provided, that each county shall be entitled to elect at least one Representative: but that the ratio shall be fixed and inserted in the Constitution, subject to no change by the Legislature and provided, that the greatest ultimate number of Representatives shall never exceed the number of sixty five, and the greatest nu mber of Senators shall never be greater than one half the number of Representatives, nor less than one third-the general ratio to be fifteen hundred free white male inhabitants.

And the rule requiring resolutions to lie one day on the table, being suspended, the said resolutions were severally read and referred to the Committee of the Whole.

On motion of Mr. ROADMAN,

Ordered, That all resolutions proposing amendments to the Constitution, submitted previous to this day and not heretofore referred, be now referred to the Committee of the Whole.

Mr SENTER submitted the following:

Resolved, That no county in this State shall be entitled to a Representative unless such county contain at least twenty-five miles

square.

Mr JOHN A. M'KINNEY, the following:

Resolved, That the basis of representation ought to be, each county to have one member in the House of Representatives and no more; and that the large counties should have such preponderance in the Senate, founded on the basis of free white population, as will compensate them for the advantage gained by the smaller counties in having each one member.

The rule requiring resolutions to lie one day on the table, being suspended, said resolution was read and referred to the Committee of the Whole.

Mr HUMPHREYS, the following:

Resolved, That the Secretary of State communicate to the Convention any information he may have, with regard to the number of divorces applied for, and the number granted by the Legislature, in the last six years:

Also, any information he may have with regard to the standing laws dispensed with for the benefit of particular individuals; such as hawking, peddling and retailing liquors without license:

Also, the extent of local and private legislation, and the time probably consumed thereat, with a view to the future action of this body: And the rule being suspended, on motion of Mr HUMPHREYS, the resolution was adopted.

Mr CAHAL moved to take up and consider all memorials in relation to new counties; which prevailing, he renewed his motion to refer them to the committee on propositions and grievances.

And thereupon the question was submitted, "will the Convention make the reference," and determined in the negative; ayes 22,

noes 37.

The ayes and noes being demanded by Mr Cahal,

The affirmative voters are,

Messrs President, Bradshaw, Childress, Cahal, Cobbs, Gillespy, Greene, Gordon, Hill, Kelly, Kincaid, Ledbetter, M'Clellan, M'Gaughey, Richardson, Ridley, Robertson, Senter, Smartt, Whitson, Walton and Webster-22.

The negative voters are,

Messrs Allen, Armstrong, Alexander, Blount, Cannon, Cheatham, Cross, Douglass, Fulton, Fogg, Garrett, Gray, Hodges, Huntsman, Humphreys, Hess, Kincannon, Kendall, Kimbrough, Loving, Robert J. M'Kinney, John A. M'Kinney, Mabry, Montgomery, Marr, Neal, Nelson, Porter, Purdy, Roadman, Stephenson, Smith, Sharp, Scott, Ury, White and Weakley-37.

And so said motion was determined in the negative.

The question then recurred upon the proposition of Mr John A. M'Kinney, to refer the said memorials to a select committee of thirteen (one from each Congressional District) which was also decided in the negative.

The question next recurred, upon the adoption of Mr Huntsman's resolution, proposing their reference to the Committee of the Whole;

H

and the sense of the Convention being thereupon had, the said resolution was adopted and the order of reference made.

Mr MABRY submitted the following:

Resolved, That in forming a new or amending the present Constitution, it should be done with a view to the present and future prosperity of the people. The rights, privileges and liberties of the people should be guarded and protected.

Resolved, That the present Constitution be so amended as to form a system of education, and free schools, to educate those who are destitute of the means of education.

Resolved, That all lands, moneys or other donations, belonging to this State for the use of free schools, be retained for the same: and that the present Constitution be so amended as to lay and levy a tax on all Bank Stock, owned and used in this State; on all priviliges granted to town corporations, and incorporate bodies; and all banking institutions whatever, which, when levied, shall be applied to the use of free schools.

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

Mr. CHILDRESS submitted the following:

Resolved, That this Convention procure some mathematician to ascertain by calculation, the number of square miles in each county of this State, as laid down on Rhea's Map.

And the rule being suspended, said resolution was adopted.
And the convention adjourned.

MONDAY, JUNE 2, 1834.

The Convention met according to adjournment, and was opened with prayer, by the Rev. Mr. Smith of the Cumberland Presbyterian church.

Mr HODGES presented the memorial of sundry citizens of Campbell county, proposing and asking various amendments to the existing Constitution which was read and ordered to the table.

Mr Hess presented the memorial of sundry citizens of Gibson, Dyer, Haywood and Madison counties, in relation to new counties, which was read and referred to the Committee of the Whole.

Mr CANNON Submitted the following:

Resolved, That the regular hour for the meeting of this Convention shall be 8 o'clock in the morning-and the rule being suspended, said resolution was adopted.

Mr KINCAID, the following:

1st. Resolved, That the representation of the lower branch of the Legislature shall be fixed upon a basis of population of the free male taxable inhabitants, over the age of twenty one years.