derived, and how vested, and in what manner the same has been secured; and also that they ascertain and report the best method of securing the same, so that it may not become subject to diminution; and what constitutional provision is necessary to be made, in order to secure the same for the use of common schools forever. And the following: Resolved, That the 1st section of the second article of the existing Constitution be amended, so as to read as follows, "the Supreme Executive Power of this State, shall be vested in a Governor and Lieutenant Governor." The PRESIDENT presented a communication from Samuel G. Smith, Secretary of State, in obedience to Mr JOHN A. M'KINNEY's resolution of the 21st instant, which was read, and on motion of Mr Cannon, ordered to the table, and that sixty copies be printed for the use of the Convention: Which communication is as follows: SECRETARY'S OFFICE, Nashville, May 28, 1834. To the Honorable Convention now insession to revise the Constitution of the State of Tennessee. In obedience to your resolution of the 21st instant; which requires the Secretary of State to communicate "the number of persons who have been appointed to civil offices of trust and profit by the Legislature of this State, from persons who were elected members of the Legislature, during the period for which such persons were so elected," I have the honor to report the following as embraced in the inquiry: Two Judges of the Supreme Court of Errors and Appeals. One Judge of District Superior Court. One Chancellor. Four Attorneys General. One Register of the Hiwassee District. Two Surveyors General. One County Surveyor. Two Commissioners to superintend Hiwassee land sales. One Commissioner for the adjudication of land claims. Two Commissioners to settle the boundary of the State. Mr. GREENE submitted the following: ARTICLE 2. SAM G. SMITH. AMENDMENT 1. Section 3. That the Governor shall have been a citizen or inhabitant of the State at least seven years next before his election, unless he shall have been absent on the public business of the United States or of the State, and shall be at least thirty-five years of age. G 2. Sec. 4. He shall not be eligible to serve in the office of Governor more than four out of any six years. 3. Sec. 6. He shall have power to grant reprieves and pardons after conviction, except in case of impeachments, and of murder in the first degree. He shall have power to suspend the execution in the latter case, until the meeting of the next General Assembly, before whom all the circumstances of the case shall be laid, and who alone shall exercise the power of reprieving or pardoning the offender. 4. Sec. 12. In case of his death or resignation, or removal from office, the Speaker of the Senate shall exercise the office of Governor; and, in case of his death, resignation, removal or refusal to act, the Speaker of the House of Representatives shall exercise the office of Governor; and, in case of his refusal to act, death, resignation or removal from office, the Secretary of State shall exercise the duties of that office, until another Governor shall be elected and qualified. 5. Sec. 17. The Secretary of State shall not hold his office for a longer term than four out of any six years. ARTICLE 3. AMENDMENT 6. Sec. 1. Every free white man of the age of twenty one years and upwards, being an inhabitant of the county in which he may offer to vote, six months immediately preceding the day of election, shall be entitled to vote for members of the General Assembly, for the county in which he shall reside. 7. Sec. 3. All the elections shall be viva voce. ARTICLE 5. AMENDMENT 8. Sec. 2. The Judges of the Circuit and Chancery courts, and the Attorneys for the State, shall be elected by the joint vote of both Houses of the General Assembly, for a term not exceeding six years, and be eligible to re-election, (except legally disqualified.) But no individual shall be eligible to the office of Judge, until he shall have arrived to the age of thirty five; nor shall he continue to hold that office beyond sixty years of age. Judges may be removed from office by the concurrent vote of both Houses of the General Assembly-the party being supplied with reasonable notice, and a copy of the alleged misdemeanors, which shall be spread upon the journals of each House of the General Assembly. 9. Sec. 10. County and Circuit court clerks shall be elected by the freemen of the respective counties for the term of four years. 10. Sec. 12. The qualified voters in each Captain's company in the respective counties, shall elect two Justices of the Peace, and one constable for their company; the Justices for four and the Constables for two years but removing from the company shall vacate their respective offices. ARTICLE 6. AMENDMENT 11. Sec. 1. The qualified voters in each county in this State, shall on a day to be fixed by law,different from the day on which the general State elections are held, elect one Sheriff, one Coroner, one Trustee, one Register and a Ranger, for their county, which elections shall be held biennially--but neither of the above named county officers, shall hold their respective offices more than four out of any term of six years. ARTICLE 10. AMENDMENT 12. Sec. 3. All future amendments to the Constitution shall be made, on the recommendation of two thirds of the General Assembly on joint vote, plainly specifying the amendment proposed, and it shall be the duty of the freemen throughout the State, at the next election for members to the General Assembly, to vote for or against the proposed amendment, and if it shall appear, that a majority of all the voters for members to the General Assembly have voted for the proposed amendment, on the concurrence of two thirds of the General Assembly thereafter next convened, it shall be adopted as part of the Constitution of this State. Mr SHARP, the following: 1st. Resolved, That the Constitution should be so amended as to establish the Courts of the country in such a manner as not to be subject to as many changes as heretofore; that County Courts should be confined exclusively in their jurisdiction to the transaction of county business; and that all matters of fact, requiring the intervention of a jury, should be tried in the Circuit Court. 2nd. Resolved, That this Convention will inquire into the expediency of providing in the Constitution, for giving to single Magistrates jurisdiction of all sums due by note of hand or liquidated account, to the amount of five hundred dollars. 3rd. Resolved, That stays of execution should be equal as to time. on all sums, without regard to amount. 4th. Resolved, That justices of the peace should have jurisdiction of affrays, riots, and assaults and batteries, without the intervention of a grand jury. Mr. HODGES, the following: Resolved, That the Constitution be so amended, as to provide that but one justice of the Peace be appointed in each Captain's company, except the company including the court house or county town, which shall have two, to be elected by the qualified voters of their respective companies, requiring at least two thirds of the voters in cach company to vote, a majority of which two thirds shall be necessary to an election, and the returns be made to the Governor, who shall issue their commissions accordingly to serve for four years, and that their office be vacated by a removal out of the company, for which they have been elected, and they shall be paid for services amply. And Mr FULTON, the following: Resolved, That it is a great truth, on which all free institutions rest, and that which may be considered the primary postulate in the science of government, that all men are originally and by nature equally free; that when a community of men unite to form a government, this origi nality of rights resolves itself into an equality of right in the formation of the government; that the essential character of this right involves the necessity of a submission by the minority to the majority: that in order to give the right of the majority its full effect, in the proposed amended model of the government, the Senators and Representatives be apportioned among the several counties, according to the number of free white inhabitants in each, so that every Senator and Representative shall represent in their respective Houses, as nearly as may be, equal portions of the free white population of this State, or equal portions of those to whom the majority of the community, in its fundamental law, has intrusted the exercise of the right of suffrage. The Convention again resolved itself into Committee of the Whole Mr Cannon in the Chair, on the existing Constitution, and the various resolutions proposing amendments thereto: and after some time spent in the consideration thereof, the Committee rose, reported progress, and asked and obtained leave to sit again. On motion of Mr HUNTSMAN, the resolution of yesterday, making it the duty of the Treasurer of Middle Tennessee, to pay such sums of money (out of the ordinary revenue when received) as he may borrow under the provisions of the resolution adopted on the 24th inst., was taken up and read, And on motion of Mr STEPHENSON, It was ordered that the words "not more than six per cent" be inserted in said resolution, after the words "received, with." The said resolution was thereupon read as amended, and adopted. Mr. KINCANNON's resolution of yesterday, directory to the Secretary of State, was on his motion, taken up, read and adopted. On motion of Mr M'CLELLAN, the Convention again resolved itself into Committee of the Whole, Mr Cannon in the Chair, on the existing Constitution and the various resolutions 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. FRIDAY, MAY 30, 1834. The Convention met according to adjournment, and was opened with prayer, by the Rev. Mr. Edgar of the Presbyterian Church. Mr. BRADSHAW presented a memorial of sundry citizens of Jefferson county, on the subject of emancipation: Mr. KINCAID presented several memorials from the citizens of Bedford county, on the same subject: Which were severally read and ordered to the table. Mr HUNTSMAN, from the Committee on Privileges and Elections, to whom was recommitted the report made by them on yesterday, in relation to the memorial of Col. Edward Ward, contesting the election of Adam R. Alexander, Esq., the delegate from the county of Shelby, reported that the committee have again had the subject matter under consideration, and have instructed him to make the following REPORT: "That an amicable arrangement and agreement in writing, has been signed by the parties, not only as relates to the admissibility of exceptionable testimony, but as relates to their future operations in taking testimony preparatory to the final determination of the controversy; which agreement will supercede the necessity of employing a Sergeantat-Arms for this purpose, and also the issuing of any process by order of this Convention, and which agreement before mentioned accompanies this report. Your committee, therefore, recommend that the report and documents pertaining to said contested election be laid upon the table, until the time stipulated by the parties (the 17th of June next,) for the settlement of the controversy. All of which is respectfully submitted." The said report was concurred with. Mr CANNON Submitted the following: 1st. Resolved, That it is expedient, and the public interest of the State requires this Convention to fix upon and establish permanently, the Seat of Government. 2nd. Resolved, That the principles of equality and justice, as well as a just and strict regard to the rights of the people in every part of the State: also the public interest, and most convenient mode for the transaction of the great business of the State, requires that the Seat of Government should be established in the centre of the chartered or Territorial limits of the State, or the nearest eligible situation of the same. Mr STEPHENSON, the following: Resolved, That a Committee of thirteen, one from each Congressional district, be appointed to take into consideration the propriety of designating some period from which slavery shall not be tolerated in this State; and that all memorials on that subject, that have or may be presented to the Convention, be referred to said committee, to consider and report thereon. Mr MABRY, the following: 1st Resolved, That the people have the right to elect all their officers, and that sail elections should be viva voce. 2nd. Resolved, That the services of no man should be required to muster, nor to work on roads, under the age at which he is permitted to exercise the privilege of voting for all officers by whom he is to be governed. 3rd, Resolved, That the Governor should be elected for two years, and be eligible for four out of six years. 4th. Resolved, That the members of the General Assembly should be elected for two years, and no session to last longer than thirty days; the Governor to have the right to convene the Legislature, on particular occasions and for special purposes, for a term not exceeding twenty days. 5th. Resolved, That no member of the Legislature should be eli |