And thereupon the question was had, and determined in the negative; ayes 22, noes 33. The ayes and noes being demanded by Mr. HUMPHREYS, The affirmative voters are, Messrs. Allen, Alexander, Bradshaw, Cannon, Childress, Cobbs, Cheatham, Douglass, Huntsman, Hess, Kendall, Kimbrough, Ledbetter, Loving, McClellan, Robert J. M'Kinney, Neil, Purdy, Ridley, Robertson, Stephenson and Senter; 22. The negative voters are, Messrs. President (Carter), Armstrong, Burton, Blount, Cahal, Cross, Fulton, Fogg, Garrett, Gillespy, Gray, Gordon, Hodges, Hill, Humphreys, Keily, Mabry, McGaughey, Montgomery, Marr, Nelson, Roadman, Richardson, Smith, Smartt, Sharp, Scott, Ury, Whitson, Walton, White, Webster and Weakley; 33. The said second section as amended, was thereupon read and concurred in; ayes 46, noes 9. The ayes and noes being demanded by Mr. CANNON, Messrs. President (Carter), Allen, Armstrong, Alexander, Bradshaw, Burton, Cobbs, Cross, Fogg, Garrett, Gray, Gordon, Hodges, Hill, Huntsman, Humphreys, Hess, Kelly, Kendall, Kimbrough, Ledbetter, Loving, McClellan, Robert J. McKinney, Mabry, McGaughey, Montgomery, Marr, Neil, Nelson, Purdy, Roadman, Richardson, Ridley, Stephenson, Senter, Smith, Smartt, Sharp, Scott, Ury, Whitson, Walton, White, Webster and Weakley; 46. The negative voters are, Messrs. Blount, Cannon, Childress, Cahal, Cheatham, Douglass, Fulton, Gillespy and Robertson; 9. The third section was read and concurred in. The schedule was next read: whereupon Mr. HUNTSMAN moved to strike out thereof the words "of every denomination," in the second line; which motion prevailed. Mr. HUNTSMAN moved to insert in the third line thereof after the word "military" the words "shall continue to hold their offices"; which motion prevailed. Mr. WHITE moved to insert in the seventh line thereof after the word "qualified," the words "and no longer"; which motion prevailed. Mr. FoGG moved to strike out from the second line thereof, the words "that all the laws now in force and use in this State"; which motion prevailed. Mr. FOGG moved further to amend the first section of said schedule by inserting in the sixth line between the words "and" and "their" the word until"; and the word "be" before the word "elected"; which motion prevailed. Mr. Marr moved to strike out of said section, all that part thereof after the words "no longer" in the seventh line; which motion was rejected. The said first section as amended, was read and concurred in. The second section being read, Mr. MABRY moved to strike out said second section, and thereupon the question was had and determined in the negative; ayes 17, noes 39. The ayes and noes being demanded by Mr. CROSS, The affirmative voters are, Messrs. Allen, Bradshaw, Burton, Cahal, Cobbs, Douglass, Fulton, Fogg, Hodges, Kimbrough, McClellan, Robert J. McKinney, John A. McKinney, Mabry, McGaughey, Stephenson and White; 17. The negative voters are, Messrs. President (Carter), Armstrong, Alexander, Blount, Cannon, Childress, Cheatham, Cross, Garrett, Gillespy, Gray, Gordon, Hill, Huntsman, Humphreys, Hess, Kelly, Kendall, Ledbetter, Loving, Montgomery, Marr, Neil, Nelson, Purdy, Roadman, Richardson, Ridley, Robertson, Senter, Smith, Smartt, Sharp, Scott, Ury, Whitson, Walton, Webster and Weakley; 39. In lieu of said second section, Mr. COBBS offered the following; to wit: "All male citizens over twenty-one years of age, now or hereafter owning and residing on a legal bona fide occupant claim, south and west of the Congressional reservation line, shall be competent to serve in all capacities where a freehold is by law of the State made a requisite qualification." And the question being had on receiving said amendment, it was determined in the negative. The said second section was concurred in without amendment. The report of the Committee on private and local legislation, made on the 24th July, was taken up, read and concurred in. The second report made by the same committee on the 29th of July, was also taken up, read, and concurred in. On motion of Mr. HUMPHREYS, The report of the committee on the common school fund was taken up and read, and concurred in. On motion of Mr. HUNTSMAN, The resolution submitted by him, on the 25th July, on the subject of contested elections, was taken up and read, and after some discussion being had thereon, Mr. HUNTSMAN asked and obtained leave to withdraw it. SATURDAY, August 9, 1834. The Convention met according to adjournment, and was opened with prayer, by the Rev. Mr. HESS of the Cumberland Presbyterian Church. Mr. JOHN A. MCKINNEY Submitted the following: "Resolved, That when the Convention adjourns at twelve o'clock on this day, it will adjourn until Monday next at nine o'clock, for the purpose of affording the committee on Senatorial and Representative districts, an opportunity of sitting on the afternoon of this day." And the rule being suspended, said resolution was adopted. Mr. SMITH presented the memorial of sundry citizens of Jackson county on the subject of emancipation; whereupon, on motion of Mr. LEDBETTER, said memorial was laid on the table. On motion of Mr. LEDBETTER, Ordered, That the Constitution as amended on its first reading, be printed for the use of the Convention. On motion of Mr. CHEATHAM, it was Ordered, That Messrs. Loving and Ledbetter be appointed to superintend the printing of the Constitution in obedience to the foregoing order. On motion of Mr. GARRETT, Ordered, That one hundred and twenty copies of the Constitution, as amended, be printed for the use of the Convention. Mr. STEPHENSON submitted the following: Resolved, That a committee of of the members be appointed to ascertain and report the expenses of this Convention up to present month, inclusive, and no longer. On motion of Mr. CHILDRESS, the Convention took up that part of the report of the Committee of the Whole, on the subject of enùmeration and the apportionment of representation; which being read, Mr. STEPHENSON thereupon offered the following in lieu of said report: "In the year one thousand eight hundred and forty-two and within every subsequent term of ten years an enumeration of the qualified voters shall be made in such manner as shall be directed by law, or the General Assembly may take the enumeration made by the authority of the United States of such qualified voters instead thereof." On motion of Mr HUNTSMAN, said report and the proposed amendment, were laid on the table. Mr FULTON moved that the Bill of Rights be stated the first article of the Constitution, and so printed; which motion prevailed. On motion of Mr NEIL, the resolution heretofore submitted by him on the subject of appointing jurors, was taken up and read. And the question being put, "will the Convention adopt said resolution?" it was determined in the negative; ayes 7, noes 47. The ayes and noes being demanded by Mr. NEIL, The affirmative voters are, Messrs. Armstrong, Hill, Kelly, Neil, Smith, Smartt and Sharp; 7. The negative voters are, Messrs. Allen, Alexander, Bradshaw, Burton, Blount, Cannon, Childress, Cahal, Cobbs, Cheatham, Cross, Douglass, Fulton, Fogg, Garrett, Gillespy, Gray,Gordon, Hodges, Huntsman, Humphreys, Hess, Kincannon, Kendall, Kimbrough, Ledbetter, Loving, McClellan, Robert J. McKinney, Mabry, McGaughey, Montgomery, Marr, Nelson, Purdy, Roadman, Richardson, Ridley, Robertson, Stephenson, Senter, Scott, Ury, Whitson, White, Webster and Weakley; 47. Mr. FOGG moved that the Convention take up the subject of imposing taxes, which motion prevailed; thereupon he offered the following amendment to be added to the twenty-seventh section of article second; to wit: "The General Assembly shall have power to authorize the several counties and corporations in this State to impose taxes for county and corporation purposes, respectively, in such manner as shall be prescribed by law. And all property shall be taxed according to its value upon the same principles as are established in regard to State taxation." And the question being had on the adoption of said amendment, it was determined in the affirmative. On motion of Mr. GARRETT, the resolution heretofore submitted by him on the subject of bank stock, was taken up and read, and the question being had, "will the Convention adopt said resolution?" it was determined in the affirmative. Mr. GARRETT further moved that said amendment be attached to the second article of the Constitution, and made the thirtieth section thereof; which motion prevailed. On motion of Mr. HUNTSMAN, the resolution submitted by him on the 25th July, in relation to the election of county officers, was taken up and read, and the question being had, "will the Convention adopt said resolution as an amendment to the Constitution ?" it was determined in the affirmative; ayes 45, noes 5. The ayes and noes being demanded by Mr. STEPHENSON, Messrs. President (Carter), Bradshaw, Burton, Blount, Cannon, Childress, Cahal, Cobbs, Cheatham, Cross, Douglass, Fogg, Garrett, Gillespy, Gray, Gordon, Hodges, Hill, Huntsman, Humphreys, Hess, Kelly, Kimbrough, Ledbetter, Loving, McClellan, Robert J. McKinney, McGaughey, Montgomery, Marr, Neil, Nelson, Roadman, Richardson, Ridley, Robertson, Senter, Smith, Sharp, Scott, Ury, Whitson, White, Webster and Weakley; 45. The negative voters are, Messrs. Fulton, Kendall, Mabry, Purdy and Stephenson; 5. On motion of Mr. HUNTSMAN, the subject of enumeration and representation was again taken up. Whereupon Mr. HUNTSMAN offered the following, as an amendment to the second article of the Constitution and in lieu of Mr. Stephenson's amendment; to wit: "An enumeration of the free taxable inhabitants and an apportionment of the representation in the General Assembly, shall be made in the year one thousand eight hundred and forty-two, and within every subsequent term of ten years thereafter. "The General Assembly shall provide for taking the enumeration, and shall apportion said representation agreeably to the principles of this Constitution." U And the question being had on receiving said proposed amendment in lieu of Mr. Stephenson's amendment, it was determined in the affirmative. The question was then had, "will the Convention adopt said amendment as a part of said second section of the second article ?" and determined in the affirmative. Mr. FoGG offered the following as an amendment to the Constitution, to be inserted after the Declaration of Rights; to wit: ARTICLE II. SECTION 1. The powers of the Government shall be divided into three distinct Departments, the Legislative, Executive and Judicial. SEC. 2. No person or persons belonging to one of these Departments, shall exercise any of the powers properly belonging to either of the others, except in the cases herein expressly directed or permitted. Mr. MARR moved to strike out the exception in said proposed amendment; which motion was lost. Mr. GRAY moved to add the word "after" to the word "herein" in said amendment; which motion was lost. The question was then had on the adoption of said amendment of Mr. FoGG; and the same was adopted. Mr. MABRY submitted the following: Resolved, That the first election for Sheriffs, Clerks, and all other elections for civil officers, that is to be by the qualified voters, under the new Constitution, shall take place on the first Thursday and Friday in April one thousand eight hundred and thirty-five, and shall be then regulated in future by the Legislature at such time and places as may be prescribed by the Legislature: provided, the new Constitution shall be accepted or adopted. And thereupon the Convention adjourned. MONDAY, August 11, 1834. The Convention met according to adjournment, and was opened with prayer by the Reverend Mr PITTS, of the Methodist Episcopal Church. Mr. BLOUNT submitted the following: "1st. That the townships or valuation districts, at their annual meetings for the election of officers, shall choose three or more judicious freeholders, or other persons of known probity and good character, to hear and finally determine all appeals relative to unjust assessments in cases of county taxes; which commissioners of appeal shall, for that purpose, sit at some suitable time or times, to be by them appointed, and made known to the people of said district by advertisements set up at public places; and shall correct and adjust all such unjust assessments, according to the principles of justice and law applicable there |