M'Gaughey, Neal, Nelson, Roadman, Richardson, Robertson, Stephenson, Smith, Smartt, Sharp and Weakley-24. And so the Convention adjourned until Monday morning at 8 o'clock. MONDAY, JULY 14, 1834. The Convention met according to adjournment, and was opened with prayer, by the Rev. Mr KIMBROUGH of the Baptist Church. Mr. HUNTSMAN submitted the following: Resolved, That the Constitution be so amended, that the Legislature may pass laws disqualifying any person or persons from holding any office under the laws or Constitution of this State, who may fight a duel, send or accept a challenge to fight a duel, or who shall be the bearer of such challenge, or who may be aiders or abetters therein. Mr M'GAUGHEY the following: 1st. Resolved, That the 12th section of the 5th article of the Constitution be so amended, as to read as follows: There shall be justices of peace appointed for each county, not exceeding two for each captain's company, except for companies within the bounds of incorporated and county towns, which shall not exceed three, who shall be elected by the qualified voters within their respective companies in such manner as may be prescribed by law, to hold their offices for two years; but in the mean time, the removal of a justice of the peace out of the bounds of the company for which he shall have been elected, shall vacate his office. 2nd. Resolved, That there shall be elected, by the qualified voters of each county in the State, one sheriff, one trustee, and one register, who shall hold their respective offices for the term of two years, and shall be eligible to a re-election. There shall be elected, by the qualified voters of each captain's company in this State, one consta ble, and also one for each county town, who shall hold their office for the term of two years, and shall be eligible to a reelection. On motion of Mr NELSON 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, reported progress, asked and obtained leave to sit again. [A resolution in relation to the payment of the public printers was adopted and here inserted; but on the next day was erased and another adopted in its stead.] 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 amendments thereto proposed; and after some time spent in the consideration thereof, the Committee rose, reported progress, asked and obtained leave to sit again. And then the Convention adjourned. TUESDAY, JULY 15, 1834. The Convention met according to adjournment, and was opened with prayer, by the Rev. Mr HESS of the Cumberland Presbyterian church. On motion of Mr HUNTSMAN, it was ordered that the resolution submitted by him on yesterday, be referred to the Committee of the Whole. Mr KIMBROUGH submitted the following: Resolved, That the resolution adopted on yesterday, on the motion of Mr Kimbrough, in relation to the payment of the public printers, be erased from the journals; and that, for the reasons therein stated and now before the Convention, the President and Secretary are hereby authorized to draw a warrant, not exceeding two thousand dollars in favor of Laughlin and Henderson, as public printers, payable sixty days after date, by the Treasurer of Middle Tennessee; who is hereby authorized to cash the same, taking the receipt of said printers, and deducting the interest on the same for said sixty days: and said warrant when so cashed and receipted, shall be a good voucher in the hands of said Treasurer in the settlement of his accounts. On motion of Mr LEDBETTER, the rule requiring resolutions to lie one day on the table, was suspended, and said resolution adopted. Mr LEDBETTER submitted the following: Resolved, That there shall be appointed by the General Assembly, an auditor of public accounts for the State, who shall perform such duties as may be required of him by law, and shall hold his office for years. Mr LEDBETTER Moved a suspension of the rule, requiring resolutions to lie one day on the table, which motion prevailed; and, on his further motion, said resolution was referred to the Committee of the Whole. On motion of Mr M'CLELLAN, it was Ordered, That the resolutions of Mr M'GAUGHEY made on yesterday, on the subject of the election of county officers, be referred to the Committee of the Whole. On motion of Mr GARRETT, it was Ordered, That his resolutions of the 29th June, on the subject of incorporations, be referred to the Committee of the Whole. On motion of Mr LEDBETTER, 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, reported progress, asked and obtained leave to sit again. Mr M'GAUGHEY submitted the following: Resolved, That so much of the twentieth rule be rescinded, as prevents the previous question from being put in the Committee of the Whole. And then the Convention adjourned. WEDNESDAY, JULY 16, 1834. The Convention met according to adjournment, and was opened with prayer, by the Rev. Mr GARRETT of the Methodist Episcopal Church. On motion of Mr WALTON, 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 consideration thereof, the committee rose, reported progress, asked and obtained leave to sit again. Mr WEBSTER submitted the following: Resolved, That the judges of the circuit court shall be elected for the term of eight years, and shall be classed in four classes by the legislature, so that one class shall go out of office at the end of two years, one at the end of four years, one at the end of six years, and one at the end of eight years; all of whom shall be re-eligible to office. Mr WEBSTER moved a suspension of the rule requiring resolutions to lie one day one the table; which motion prevailed; whereupon, Mr WEBSTER moved, that said resolution be referred to the Committee of the Whole; which motion also prevailed, and the reference accordingly was ordered. Mr M'GAUGHEY moved that the Convention resolve itself into Committee of the Whole, for the further consideration of the existing Constitution, and the various amendments thereto proposed; which motion was rejected. Mr GARRETT then moved to take up the report of the 9th inst., made by Mr John A. M'Kinney from the committee on the subject of emancipation, which motion prevailed. Mr WEAKLEY moved that said report be read, but On motion of Mr GARRETT, the Convention agreed to dispense with the reading of said report. Mr WEBSTER asked to be excused from voting on the question of concurrence with said report, which leave was granted. The question was then had "will the Convention concur in said report," and was determined in the affirmative; ayes 47, noes 9. The ayes and noes being demanded by Mr STEPHENSON, Those who voted in the affirmative are, Messrs President (Carter), Allen, Armstrong, Alexander, Burton, Blount, Cannon, Childress, Cobbs, Cheatham, Cross, Douglass, Fulton, Fogg, Garrett, Gray, Gordon, Hodges, Hill, Huntsman, Humphreys, Hess, Kelly, Kendall, Ledbetter, Loving, M'Clellan, John A. M'Kinney, Montgomery, Marr, Nelson, Porter, Purdy, Roadman, Richardson, Ridley, Robertson, Senter, Smith, Smartt, Sharp, Scott, Ury, Whitson, Walton, White and Weakley -47. Those who voted in the negative are, Messis Bradshaw, Gillespy, Kincaid, Kimbrough, Robert J. M'Kinney, Mabry, M'Gaughey, Neal and Stephenson-9. And so said report was concurred in. THURSDAY, JULY 17, 1834. The Convention met according to adjournment and was opened with prayer, by the Rev. Mr PITTS of the Methodist Episcopal Church. Mr GARRETT moved that General Edmund P. Gaines, of the United States Army, be invited to a seat within the bar of the Convention; which was accordingly done. On motion of Mr KIMBROUGH, the Convention again resolved itself into Committee of the Whole, Mr Cannon in the chair, upon the existing Constitution and the various amendments thereto proposed; and after some time spent in the consideration thereof, the committee rose, reported progress, asked and obtained leave to sit again. And then the Convention adjourned. FRIDAY, JULY 18, 1834. The Convention met according to adjournment, and was opened with prayer, by the Rev. Mr PITTS of the Methodist Episcopal Church. On motion of Mr NELSON, 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, reported progress, asked and obtained leave to sit again. On motion of Mr ALEXANDER, it was Ordered, That General Samuel Houston, formerly Governor of this State, be invited to a seat within the bar of the Convention. Mr PURDY, from the select committee to whom the subject of laying off the counties of this State into townships had been referred, submitted the following REPORT. The committee to whom was referred the following resolution, viz: "Resolved, That a select committee be appointed to take into consideration the expediency of so amending the present Constitution, that the different counties in this State be laid off into districts or townships, so that there shall not be more than twelve districts in each county which shall be laid off according to law; and also, the expediency of so amending the twelfth section of the fifth article of the existing Constitution, that there shall be two justices of the peace elected for each township by the qualified voters in each, who shall be commissioned by the Governor, and shall hold their offices for the term of five years, whose jurisdiction and duties shall be regulated by law." Beg leave to report, that they are of opinion that the civil divisions of counties as regulated by captain's companies are improper; the dis tricts thereby established are frequently too small, inconvenient and unstable. Under the present arrangement they are subject to be divided, or the lines of such divisions or districts altered to suit the whim and caprice of the military officers in whose bounds such company may be situated, which power is not unfrequently exercised to subserve the worst of purposes, by laying off new companies or altering the lines of old ones; not that the public good requires it, but for the purpose of electing justices of the peace, so as to enable such officer and his friends to control the appointment of sheriffs and other county officers; the levying of taxes and the disbursement of public moneys, &c; by which abuse of power the interest and wish of a large majority of the people may be entirely disregarded, and there is nothing attained but the gratification of party spleen or private resent ment. How the custom of blending the civil and military divisions of our government originated, in effect making the former in some degree dependent on the latter, the committee are at a loss to know, and can only account for it from the situation in which our country was placed in its early settlement, when its preservation and welfare required that military districts should be established, before it was convenient to arrange the civil divisions. But fortunately for us, these times of peril have passed away; and the committee think it is now a fit time to organize our government, on different principles, more consonant with the true spirit of our republican institutions; that the military should be separate and in strict subordination to the civil power. Therefore the committee are of opinion, that the civil departments ought to be established with care, having a strict regard to their convenience and permanency; not subject to change for trivial causes; and that the military has no connection with, and ought to be entirely separate from the civil divisions of our government. With regard to the election and jurisdiction of justices of the peace, the committee agree to a considerable extent with Mr Jefferson, whose sentiments on this subject we take the liberty of quoting. He says: 'Divide the counties into wards of such size as that every citizen can attend when called on and act in person; ascribe to them the government of their wards in all things relating to themselves exclusively; a justice chosen by themselves in each, a constable, a military company, a patrol, a school, the delivery within their own wards of their own votes, for all elective officers of higher sphere, will relieve the county administration of nearly all its business, will have it better done, and, by making every citizen an acting member of the government, and in the offices nearest and most interesting to him, will attach him by his strongest feelings to the independence of his country and its republican institutions." The justices chosen by the qualified voters in the several townships, the Legislature, if it is thought_expedient, may organize into a court to do the judiciary business of the county, direct roads, levy taxes, and administer all matters of common interest. But the committee are of opinion that the county court as at |