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Mr. JOHN A. MCKINNEY moved a division, so that the sense of the Convention might be tested upon each proposition separately, which motion prevailing, the question was thereupon had upon a concurrence with that part of said report exempting the counties of Carter, Rhea, Humphreys, Sullivan, Dyer and Tipton, and determined in the

affirmative.

Mr. CANNON moved further to amend the said report by adding "that the county of Williamson be also exempted from the general provisions."

But before the question was had thereon, the Convention adjourned.

SATURDAY, August 2, 1834.

The Convention met according to adjournment, and was opened with prayer, by the Rev. Mr. KIMBROUGH of the Baptist Church. The business of the morning being through,

Mr. GARRETT asked to be discharged from the committee appointed to lay off the Senatorial and Representative districts: which request was granted.

On motion of Mr. BURTON, it was ordered that Mr. GILLESPY be added to the said Committee.

Mr. ROBERTSON submitted the following:

"Whereas, under the new Constitution, the free men of color will not be entitled to exercise the right of suffrage, therefore

“Resolved, That in apportioning the Senators and Representatives among the different counties in proportion to the number of qualified voters in each, according to the provisions of the new constitution, the free colored population, be not taken into the estimate, and that the committee on this subject be instructed accordingly.”

Mr. GRAY moved to add Mr. MONTGOMERY to the committee on Representative and Senatorial districts, which motion was rejected. The Convention resumed the consideration of the report of the select committee on new counties, and the fourth section of the ninth article of the Constitution as reported by the Committee of the Whole.

The proposition of Mr CANNON, "to exempt the County of Williamson from the general provisions of the said report and the fourth section," which was under consideration at the adjourn:nent on last evening, was taken up and read, and thereupon the question was had "will the Convention adopt the amendment?" and determined in the negative; ayes 23, noes 32.

The ayes and noes being demanded by Mr KINCAID,

The affirmative voters are,

Messrs. Alexander, Blount, Cannon, Childress, Cahal, Cheatham, Garrett, Gillespy, Gordon, Hill, Kincannon, Ledhetter, Loving, McClellan, Purdy, Richardson, Ridley, Smith, Sharp, Whitson, Walton, Webster and Weakley; 23.

The negative voters are,

Messrs. President (Carter), Allen, Armstrong, Bradshaw, Burton,

Cobbs, Cross, Douglass, Gray, Hedges, Huntsman, Humphreys, Kelly, Kincaid, Kendall, Kimbrough, Robert J. McKinney, John A. McKinney, Mabry, McGaughey, Marr, Neil. Nelson, Porter, Roadman, Robertson, Stephenson, Senier, Smartt, Scott, Ury and White; 32.

Mr ALLEN thereupon effered the following:

"Provided that all that part of Smith county which lies north of a direct east and west line, to be run across the county from a point that will leave the present court house fifteen miles south of any part thereof, may of itself or in conjunction with the territory of other adjoining counties, be formed into a separate county. Also all that part of Smith county which lies south of a direct cast and west line, to be run across the county from a point that will leave the present court house fifteen miles north of any part thereof, may of itself or in conjunction with. the territory of other counties be formed into a separate county, in such manner as the Legislature may hereafter direct; whenever it shall be made appear that a majority of the taxable inhabitants within the bounds intended to be separated consent thereto."

Mr BURTON offered the following in lieu of the foregoing; to wit: "Provided that the excess of territory above six hundred and twenty five square miles, if any there shall be, in the counties of Smith, Wilson and Warren, shall be taken from the south ends of Smith and Wilson, and the north end of Warren, said new county to consist of nct less than three hundred and fifty square miles: and provided further, that in laying off said new county, it shall not approach the court house of any old county nearer than twelve and a half miles.

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Mr KIMBROUGH moved to lay the foregoing amendments and the report of the Committee on the table, which motion failing, the question was had on the adoption of Mr Burton's amendinent, and determined in the negative; ayes 3, noes 54.

The ayes and noes being demanded by Mr BURTON,

The affirmative voters are;

Messrs. Burton, Cannon and Douglass; 3.

The negative voters are,

Messrs President (Carter), Allen, Armstrong, Alexander, Bradshaw, Blount, Childress, Cahal, Cobbs, Cheatham, Cross, Fulton, Fogg, Garrett, Gillespy, Gray, Gordon, Hodges, Hill, Huntsman, Humphreys, Kelly, Kincannon, Kincaid, Kendall, Kimbrough, Ledbetter, Loving, McClellan, Robert J. McKinney, John A. McKinney, Mabry, McGaughey, Marr, Neil, Nelson, Porter, Purdy, Roadman, Richardson, Ridley, Robertson, Stephenson, Senter, Smith, Smartt, Sharp, Scott, Ury, Whitson, Walton, White, Webster and Weakley; 54.

Mr MABRY then offered the following in lieu of the said fourth scction, and in lieu of Mr ALLEN's amendment; to wit:

"New counties may be established by the Legislature, to consist of not less than three hundred and fifty square miles; the old counties shall in no case be reduced below six hundred and twenty five square miles; nor shall the present county seats be removed from their respective places as now located and established. Nor shall any new coun

ty be laid off and established with less contents than six hundred and twenty-five square miles, unless such new county shall contain eight hundred qualified voters. Nor without the concurrent vote of two thirds of such qualified voters."

And thereupon the question was submitted, "will the Convention adopt the amendment?" and determined in the negative; ayes 3, noes 54. The ayes and noes being demanded by Mr MABRY,

The affirmative voters are,

Messrs. Hodges, Mabry and Robertson; 3.

The negative voters are,

Messrs. President (Carter), Allen, Armstrong, Alexander, Bradshaw, Burton, Blount, Cannon, Childress, Cahal, Cobbs, Cheatham, Cross, Douglass, Fulton, Fogg, Garrett, Gillespy, Gray, Gordon, Hill, Huntsman, Humphreys, Kelly, Kincannon, Kincaid, Kendall, Kimbrough, Ledbetter, Loving, McClellan, Robert J. McKinney, John A. McKinney, McGaughey, Marr, Neil, Nelson, Porter, Purdy, Roadman, Richardson, Ridley, Stephenson, Senter, Smith, Smartt, Sharp, Scott, Ury, Whitson, Walton, White, Webster and Weakley; 54.

Mr CHILDRESS thereupon submitted the following, in lieu of the said fourth section, and in lieu of Mr Allen's amendment; to wit:

"New counties may be established by the Legislature, to consist of no less than three hundred and fifty square miles, containing a population of eight hundred qualified voters, and such new county shall not approach the court-house of an old county or counties nearer than twelve miles, or reduce such older county or counties to less than five hundred and twenty-five square miles, except the special exceptions of Carter, Humphreys and Rhea. 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 qualified voters of such part of the old county or counties so stricken off. And provided further, that in no case shall the county seat be removed, in consequence of said alterations or on any other account, without the consent of two thirds of the members of both Houses of the Legislature."

Mr MCCLELLAN moved to strike from the foregoing amendment the words "twelve miles" and insert in lieu thereof the words "ten miles," which motion failing, the question upon the adoption of Mr Childress's amendment, was thereupon had and determined in the negative; ayes 24, noes 32.

The ayes and nocs being demanded by Mr CHILDRESS,

The affirmative voters are,

Messrs. President (Carter), Armstrong, Alexander, Bradshaw, Cannon, Childress, Cahal, Garrett, Gray, Gordon, Huntsman, Kincaid, Kimbrough, Ledbetter, McClellan, Nelson, Roadman, Richardson, Ridley, Senter, Smith, Ury, Walton and Webster; 24.

The negative voters are,

Messrs. Allen, Burton, Blount, Cobbs, Cheatham, Cross, Douglass, Fulton, Fogg, Gillespy, Hodges, Hill, Humphreys, Kelly, Kincannon, Kendall, Loving, Robert J. McKinney, John A. McKinney, Mabry,

McGaughey, Marr, Neil, Porter, Robertson, Stephenson, Smartt, Sharp, Scott, Whitson, White and Weakley; 32.

The question then recurred upon the adoption of Mr Allen's amendment and being thereon had, it was determined in the affirmative. Whereupon Mr HUNTSMAN submitted the following, in lieu of the said fourth section as amended to wit:

"New counties may be established by the Legislature, to consist of not less than three hundred and fifty square miles, and shall contain a population of hundred qualified voters. Such new county line shall not approach the court house of any old county from which it may be taken, nearer than twelve miles, except in the special cases provided for in regard to the counties of Carter, Rhea, Humphreys, Tipton and Dyer. No part of an old county shall be taken off to form a new one, or a part thereof, without the consent of a majority of the qualified voters in such part taken off. And in all cases where an old county may be reduced for the purpose of forming a new one, the seat of justice in said old county shall not be removed without the concurrence of two thirds of both branches of the Legislature; nor shall such old county be reduced to less than five hundred and fifty square miles."

Mr WALTON moved an adjournment which was determined the negative; ayes 18, noes 39.

The ayes and noes being demanded by Mr HUMPHREYS,

The affirmative voters are,

Messrs. Armstrong, Alexander, Blount, Childress, Cahal, Cobbs, Douglass, Fulton, Fogg, Garrett, Gillespy, Kincannon, Loving, Marr, Roadman, Smith, Walton and Weakley; 18.

The negative voters are,

Messrs. President (Carter), Allen, Bradshaw, Burton, Cannon, Cheatham, Cross, Gray, Gordon, Hodges, Hill, Huntsman, Humphreys, Hess, Kelly, Kincaid, Kendall, Kimbrough, Ledbetter, McClellan, Robert J. McKinney, John A. McKinney, Mabry, McGaughey, Neil, Nelson, Porter, Richardson, Ridley, Robertson, Stephenson, Senter, Smartt, Sharp, Scott, Ury, Whitson, White and Webster; 39.

The question then recurred upon the adoption of Mr Huntsman's amendment, and being thereon had, it was determined in the affirmative; ayes 29, nocs 27.

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The ayes and noes being demanded by Mr HUNTSMAN,

The affirmative voters are,

Messrs. President (Carter), Armstrong, Alexander, Bradshaw, Cannon, Childress, Cahal, Garrett, Gillespy, Gray, Gordon, Hodges, Huntsman, Hess, Kincaid, Ledbetter, Loving, McClellan, McGaughey, Nelson, Roadman, Richardson, Ridley, Senter, Smith, Ury, Whitson, Walton and Webster; 29.

The negative voters are,

Messrs. Allen, Burton, Blount, Cobbs, Cheatham, Cross, Douglass, Fulton, Fogg, Hill, Humphreys, Kelly, Kincannon, Kendall, Robert J. McKinney, John A. McKinney, Mabry, Marr, Neil, Porter, Robertson, Stephenson, Smartt, Sharp, Scott, White and Weakley; 27. And thereupon the Convention adjourned.

MONDAY, August 4, 1834.

The Convention met according to adjournment, and was opened with prayer, by the Reverend Mr HESS, of the Cumberland Presbyterian Church.

The business of the morning being through:

The Convention resumed the consideration of the fourth section of the ninth article: in lieu of which Mr MABRY offered the following; to wit:

"New counties may be established by the Legislature, to consist of not less than three hundred and seventy-five square miles. The old counties shall in no case be reduced below five hundred square miles; nor shall the old county seat or seats of justice be removed, in consequence of forming of new counties, as they are now established; nor shall the lines of any new county run within less than ten miles of the old county seats; nor shall the Legislature establish any new county with a less number of qualified voters than eight hundred; nor shall any new county be established without the concurrent vote of two-thirds of the qualified voters of said new county."

Mr HUNTSMAN moved to lay the fourth section of the ninth article, together with the amendments proposed thereto, on the table; which motion prevailed.

The Convention then returned to the consideration of the third section of the third article.

Mr ROBERTSON moved a concurrence with the third section as amended by him:

Mr CAHAL moved a division of the question; which motion was rejected:

The third section was thereupon read, as amended; and the question "will the Convention adopt the said section?" being had, it was determined in the affirmative; ayes 30, noes 22.

The ayes and noes being demanded by Mr JOHN A. McKinney,
The affirmative voters are,

Messrs. Allen, Bradshaw, Burton, Blount, Cannon, Cobbs, Cheatham, Cross, Douglass, Fogg, Gray, Gordon, Huntsman, Hess, Kelly, Kendall, Ledbetter, Loving, Robert J. McKinney, McGaughey, Neal, Porter, Purdy, Robertson, Stephenson, Scott, Ury, Whitson, Walton and White; 30.

The negative voters are,

Messrs. President (Carter), Armstrong, Cahal, Fulton, Garrett, Gillespy, Hodges, Hill, Humphreys, Kincaid, Kimbrough, McClellan, John A. McKinney, Mahry, Nelson, Roadman, Richardson, Senter, Smartt, Sharp, Webster and Weakley; 22.

The Convention then proceeded to the consideration of the fourth article; and the first section being read, was concurred with.

The second section was next read.

Whereupon Mr BURTON moved to strike out said second section; and

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