or propose any modification or modifications, alteration or alterations, amendment or amendments, change or changes of the Constitution, in whole or part, oftener than once in every ten years. On motion of Mr FULTON, ordered that the resolutions iutroduced on yesterday by Mr Fulton and Mr Kincaid, on the subject of the basis of representation, be referred to the Committee of the Whole. 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 amendments thereto proposed, and after some time spent in the consideration thereof, the Committee rose, and the chairman thereof reported that the committee had instructed him to ask to be discharged from the further consideration of the sundry memorials to them referred, in relation to new counties; and moreover the committee had instructed him to report the following, in lieu of the 4th section of the 9th article of the present Constitution, and to recommend its adoption, to wit: "1st. That the 4th section of the 9th article of the Constitution, be amended so as to allow new counties to be established by the Legislature, to consist of not less than four hundred square miles, and such new county not to approach the court house of an older county or counties nearer than twelve and a half miles, or reduce the size of such older county or counties to less than six hundred and twenty five square miles. "2nd. That no part of an old county or counties shall be taken off, to form part of a new one, without the consent of a majority of the citizens of such part of the old county or counties. "3rd. That the Legislature shall act on such subjects only in a regular session, and in such sessions only once in ten years; provided, also, that should the running of any line in the formation of a new county under this provision, place the court house of the old county further from the centre of either its population or territory, it shall not on that or any other account be removed." Mr CARTER offered the following amendment to the first clause of said report, to wit: "Except in such special cases, if any, as may be hereinafter provided for by this Constitution;" which was accepted. Mr GILLESPY thereupon moved a non-concurrence with so much of the third clause of said report as prevents the removal of seats of justice under any pretence whatever; and after some discussion thereon, at the request of Mr Stephenson he withdrew the motion; whereupon Mr STEPHENSON moved a division of the question, so as to test the sense of the Convention upon each clause of said report. Mr CAHAL moved to lay the report,on the table, which motion was negatived. Mr MARR moved to recommit it to the Committee of the Whole; which motion being also negatived, the question recurred upon the motion of Mr STEPHENSON, to divide the question, which was decided in theaffirmative. The question was then had upon a concurrence of the first clause of the first clause of the report of the committee as amended by Mr Car-ter, and determined in the affirmative; ayes 56, noes 4. The ayes and noes being demanded by Mr GREENE, The affirmative voters are, Messrs President, Allen, Armstrong, Alexander, Bradshaw, Burton, Blount, Cannon, Childress, Cahal, Cobbs, Cheatham, Cross, Douglass, Fulton, Fogg, Garrett, Gillespy, Gray, Gordon, Hodges, Hill, Huntsman, Humphreys, Hess, Kincannon, Kincaid, Kendall, Kimbrough, Ledbetter, Loving, M'Clellan, Robert J. M'Kinney, John A. M'Kinney, M'Gaughey, Montgomery, Marr, Neal, Nelson, Purdy, Porter, Roadman, Richardson, Ridley, Robertson, Stephenson, Senter, Smith, Smartt, Sharp, Scott, Ury, Whitson, Walton, White and Weakley-56. The negative voters are, Messrs Greene, Kelly, Mabry and Webster-4. And so said first clause as amended was concurred with. The question was next had upon a concurrence with the second clause of the said report. Mr KIMBROUGH moved to amend, by striking out the word"citizens," and inserting in lieu, the words "qualified voters :" the said amendment being received, the question recurred upon a concurrence with the report of the committee in relation to said second clause as amended; and the same thereupon being had, it was determined unanimously in the affirmative. The question next recurred upon a concurrence with the third clause of said report. Mr KINCAID, moved to strike therefrom the words "ten years," and thereupon the question was submitted, and determined in the affirmative; ayes 54, noes 6. The ayes and noes being demanded by Mr GREENE, The affirmative voters are, Messrs President, Allen, Armstrong, Alexander, Bradshaw, Burton, Blount, Cannon, Childress, Cahal, Cobbs, Cheatham, Cross, Fulton, Garrett, Gillespy, Greene, Gray, Gordon, Hodges, Hill, Huntsman,. Humphreys, Hess, Kelly, Kincannon, Kincaid, Kendall, Ledbetter, Loving, M'Clellan, Robert J. M'Kinney, Marr, M'Gaughey, Montgomery, Neal, Nelson, Porter, Purdy, Roadman, Richardson, Ridley, Stephenson, Senter, Smith, Smartt, Sharp, Scott, Ury, Whitson, Walton, White, Webster and Weakley-54. The negative voters are, Messrs Douglass, Fogg, Kimbrough, John A. M'Kinney, Mabry and Robertson-6. So said motion prevailed. Mr GILLESPY then moved to fill the blank with the words "eight years;" and the question thereon being had, it was determined in the negative; ayes 10, noes 50. The ayes and noes being demanded, The affirmative voters are, Messrs Bradshaw, Douglass, Fogg, Gillespy, Hodges, Kimbrough, John A. M'Kinney, Marr, Robertson and Scott-10. The negative voters are, Messrs President, Allen, Armstrong, Alexander, Burton, Blount, Cannon, Childress, Cahal, Cobbs, Cheatham, Cross, Fulton, Garrett, Greene, Gray, Gordon, Hill, Huntsman, Humphreys, Hess, Kelly, Kincannon, Kincaid, Kendall, Ledbetter, Loving, M'Clellan, Robert J. M'Kinney, Mabry, M'Gaughey, Montgomery, Neal, Nelson, Porter, Purdy, Roadman, Richardson, Ridley, Stephenson, Senter, Smith, Smartt, Sharp, Ury, Whitson, Walton, White, Webster and Weakley -50. And so said motion was determined in the negative. Mr HUMPHREYs moved to fill the blank with four years; and the question being thereupon had, it was determined in the negative; ayes 16, noes 44. The ayes and noes being demanded, The affirmative voters are, Messrs Alexander, Burton, Cross, Douglass, Fogg, Garrett, Hodges, Huntsman, Humphreys, Hess, Marr, Nelson, Purdy, Roadman, Scott and White-16. The negative voters are, Messrs President, Allen, Armstrong, Bradshaw, Blount, Cannon, Childress, Cahal, Cobbs, Cheatham, Fulton, Gillespy, Greene, Gray, Gordon, Hill, Kelly, Kincannon, Kincaid, Kendall, Kimbrough, Ledbetter, Loving, M'Clellan, Robert J. M'Kinney; John A. M'Kinney, Mabry, M'Gaughey, Montgomery, Neal, Porter, Richardson, Ridley, Robertson, Stephenson, Senter, Smith, Smartt, Sharp, Ury, Whitson, Walton, Webster and Weakley-44. And so said motion was determined in the negative. Mr COBBS then offered the following amendment, to wit: "at the 2nd and 3rd regular sessions after the adoption of the Constitution, and every eight years thereafter." Mr JOHN A. M'KINNEY then moved an adjournment; which motion was lost. The question upon Mr CоBBS' amendment was next put by the chair, and determined in the negative. The ayes and noes being demanded, The affirmative voters are, Messrs Alexander, Bradshaw, Burton, Cobbs, Cross, Douglass, Fogg, Gillespy, Hodges, Kimbrough, Loving, John A. M'Kinney, Marr, Nelson, Purdy, Robertson and Scott-17. The negative voters are, Messrs President, Allen, Armstrong, Blount, Cannon, Childress, Cahal, Cheatham, Fulton, Garrett, Greene, Gray, Gordon, Hill, Huntsman, Humphreys, Hess, Kelly, Kincannon, Kincaid, Kendall, Ledbetter, M'Clellan, Robert J. M'Kinney, Mabry, M'Gaughey, Montgomery, Neal, Porter, Roadman, Richardson, Ridley, Stephenson, Senter, Smith, Smartt, Sharp, Ury, Whitson, Walton, White, Webster and Weakley-43. And so said amendment was rejected. Mr BURTON then moved an adjournment, which was lost. Thereupon Mr GREENE moved to strike out the whole of the 3rd clause, which was determined in the affirmative; ayes 39, noes 21. The ayes and noes being demanded by Mr Greene, The affirmative voters are, Messrs President, Allen, Armstrong, Blount, Burton, Cannon, Childress, Cahal, Cheatham, Fulton, Garrett, Greene, Gray, Gordon, Hill, Huntsinan, Humphreys, Kelly, Kincaid, Kincannon, M'Clellan, Robert J. M'Kinney, Mabry, M'Gaughey, Montgomery, Neal, Porter, Richardson, Ridley, Stephenson, Senter, Smith, Smartt, Sharp, Ury, Whitson, Walton, Webster and Weakley-39. The negative voters are, Messrs Alexander, Bradshaw, Cobbs, Cross, Douglass, Fogg, Gillespy, Hodges, Hess, Kendall, Kimbrough, Ledbetter, Loving, John A. M'Kinney, Marr, Nelson, Purdy, Roadman, Robertson, Scott and White-21. And so said third clause was stricken out. Mr WEBSTER submitted the following: Resolved, That all memorials on the subject of new counties, be referred to a committee, to consist of thirteen members, one from each Congressional District, with instruction to examine and report to this Convention, if any, what relief shall be extended to the memorialists. And thereupon the Convention adjourned. WEDNESDAY, JUNE 4, 1834. The Convention met according to adjournment, and was opened with prayer, by the Rev. Mr. Hatton of the Cumberland Presbyterian Church. Mr LEDBETTER moved to take up and consider the resolution, heretofore submitted by him, proposing to appoint a Committee on the school fund and the subjects relating thereto, which was taken up, and adopted. And thereupon the President appointed said Committee, consisting of Messrs Ledbetter, Cheatham, Cobbs, Allen, and R. J. McKinney. On motion of Mr. Hess, the report of the Committee of the Whole on the subject of new counties, which was under consideration on yesterday, was taken up. Mr. GARRETT moved to strike out of the proviso in the third article, the words "or any other account." Mr. GRAY moved to strike out the words "or any other," which amendment Mr Garrett accepted as an amendment, in lieu of the one proposed by him. Mr CAHAL proposed, in lieu of the foregoing words, "on that or any other account," the following amendment, "because such Court House is not in the centre of such county;" which he afterwards withdrew, by leave of the Convention. The question was then put on the amendment proposed by Mr. Gray, and determined in the negative; ayes 30, noes 30. The ayes and noes being demanded by Mr. GREENE, The affirmative voters are, Messrs. Armstrong, Bradshaw, Cahal, Cobbs, Garrett, Gillespy, Greene, Gray, Hodges, Hill, Kelly, Kincaid, Kimbrough, Ledbetter, Loving, M'Clellan, Mabry, M'Gaughey, Montgomery, Marr, Neal, Purdy, Richardson, Ridley, Stephenson, Senter, Smartt, Ury, Whitson and Walton---30. The negative voters are, Messrs President, Allen, Alexander, Burton, Blount, Cannon, Childress, Cheatham, Cross, Douglass, Fulton, Fogg, Gordon, Huntsman, Humphreys, Hess, Kincannon, Kendall, R. J. M'Kinney, J. A. MKinney, Nelson, Porter, Roadman, Robertson, Smith, Sharp, Scott, White, Webster and Weakley---30. And so said amendment was rejected. Mr DOUGLASS proposed the following amendment, to wit: "Unless two thirds of the Legislature, acting upon memorials for its removal, may order the same:" which said amendment was accepted. Mr. Fulton proposed the following amendment: "Nor shall the Court-House in any county in this State be removed," which was determined in the negative; ayes 21, noes 39. The ayes and noes being demanded by Mr. ALLEN, The affirmative voters are, Messrs. Allen, Alexander, Blount, Childress, Douglass, Fulton, Fogg, Gordon, Hodge, Hill, Huntsman, Hess, Kincaid, Kendall, R. J. McKinney, Nelson, Porter, Purdy, Scott, White and Weakley ---21. The negative voters are, Messrs. President (Carter,) Armstrong, Bradshaw, Burton, Cannon, Cahal, Cobbs, Cheatham, Cross, Garrett, Gillespy, Greene, Gray, Humphreys, Kelly, Kincannon, Kimbrough, Ledbetter, Loving, M'Clellan, J. A. M'Kinney, Mabry, M'Gaughey, Montgomery, Marr, Neal, Roadınan, Richardson, Ridley, Robertson, Senter, Smith, Stephenson, Smartt, Sharp, Ury, Whitson, Walton and Webster---39. And so said amendment was rejected. Mr. WEBSTER then submitted the following amendment, to wit: "And it shall be the duty of the Legislature to carry into effect all the foregoing provisions, in regard to the establishing of new counties, and all special provisions relative thereto, which may be authorized by this Convention;" which was rejected; ayes 10, noes 50. The ayes and noes being demanded by Mr WEBSTER, The affirmative voters are: Messrs. Cobbs, Douglass, Hill, Kelly, Kincannon, Kincaid, Richardson, Ridley, Smartt and Webster-10. The negative voters are: Messrs. President (Carter,) Allen, Armstrong, Alexander, Bradshaw, Burton, Blount, Cannon, Childress, Cahal, Cheatham, Cross, |