"That after the year one thousand, eight hundred and thirty-eight, the General Assembly, shall not at any session sit longer than days." And thereupon the question was had, and determined in the affirmative; ayes 29, noes 26. The ayes and noes being demanded, The affirmative voters are, Messrs President (Carter,) Bradshaw, Blount, Childress, Cheatham, Douglass, Garrett, Hill, Huntsman, Hess, Kelly, Kendall, Kimbrough, McClellan, Robert J. McKinney, John A. McKinney, Mabry, McGaughey, Nelson, Roadman, Richardson, Ridley, Stephenson, Senter, Smith, Smartt, Whitson, Walton and Weakley; 29. The negative voters are, Messrs. Allen, Armstrong, Alexander, Burton, Cannon, Cahal, *Cobbs, Cross, Fulton, Fogg, Gillespy, Gray, Hodges, Humphreys, KinCannon, Kincaid, Loving, Montgomery, Marr, Purdy, Robertson, Sharp, Scott, Ury, White and Webster; 26. Mr ROBERT J. MCKINNEY moved to insert "forty days." Mr STEPHENSON moved to fill the blank in said amendment with the words "fifty days." Mr JOHN A. MCKINNEY moved to fill the blank with the words "fiftysix days." Mr HUNTSMAN moved to fill the blank with the words "sixty days." Mr GRAY, with the words "seventy days." Which last having precedence, the question was had thereon, and it was rejected. The question then recurred upon the proposition of Mr HUNTSMAN, and being thereon had, it was determined in the negative; ayes 25; noes 30. The ayes and noes being demanded, The affirmative voters are, Messrs. President (Carter,) Bradshaw, Childress, Douglass, Garrett, Hodges, Hill, Huntsman, Hess, Kelly, Kendall, Kimbrough, McClel lan, John A. McKinney, Mabry, McGaughey, Nelson, Roadman, Richardson, Ridley, Stephenson, Senter, Smith, Smartt and Walton; 25. The negative voters are, Messrs. Allen, Armstrong, Alexander, Burton, Blount, Cannon, Cahal, Cobbs, Cheatham, Cross, Fulton, Fogg, Gillespy, Gray, Humphreys, Kincannon, Kincaid, Loving, Robert J. McKinney, Montgomery, Marr, Purdy, Robertson, Sharp, Scott, Ury, Whitson, White, Webster and 'Weakley; 30. The question was next had upon the proposition of Mr JOHN A. McKINNEY to fill the blank with the words "fifty-six," and determined in the negative; ayes 26; noes 29. The ayes and noes being demanded, The affirmative voters are, Messrs. President (Carter,) Bradshaw, Douglass, Garrett, Hodges Hill, Huntsman, Hess, Kelly, Kendall, Kimbrough, McClellan, Rober? J. McKinney, John A. McKinney, Mabry, McGaughey, Nelson, Roadt man, Richardson, Ridley, Stephenson, Senter, Smith, Smartt, Walton and Weakley; 26. The negative voters are, Messrs. Allen, Armstrong, Alexander, Burton, Blount, Cannon, Childress, Cahal, Cobbs, Cheatham, Cross, Fulton, Fogg, Gillespy, Gray, Humphreys, Kincannon, Kincaid, Loving, Montgomery, Marr, Purdy, Robertson, Sharp, Scott, Ury, Whitson, White and Webster; 29. And thereupon the Convention adjourned until to-morrow morning at nine o'clock. TUESDAY, July 29th, 1834. The Convention met according to adjournment, and was opened with prayer, by the Rev. Mr. HESS of the Cumberland Presbyterian Church. Mr. HUMPHREYS, from the Committee on private and local legislation, made the following additional report: The Committee on private and local legislation, recommend the following clauses to be added to the Constitution: 1st. The Legislature shall have no power to suspend any general law for the benefit of any particular individual, nor to pass any law for the benefit of individuals inconsistent with the general laws of the land; nor to pass any law granting to any individual, or individuals rights, privileges, immunities, or exemptions, other than such as may be by the same law extended to any member of the community who may be able to bring himself within the provisions of such law. Provided always: The Legislature shall have power to grant such charters of incorporation as they may deem expedient for the public good. 2d. The Legislature shall have power to vest such powers, with regard to private and local affairs, as may be expedient, in the courts of justice. On the subject of local and private legislation generally, the Committee feel much difficulty in providing the means of putting an end to it, without crippling the first and necessary powers of the Legisla ture. The Committee believe that there is a wide distinction between the possession of improper powers, and the abuse of necessary and just powers. The great extent to which this private and local legislation has been carried in this State, the public time and money that has been consumed, has been rather the result of a vicious habit in the Legislature, than an exercise of improper powers. All local and private legislation cannot be prohibited by a sweeping clause, without endangering the best interests of the State. The amount exhibited to the Convention by the report of the Secretary of State seems enormous. In the year one thousand eight hundred and twenty-nine, there were one hundred and seven public acts, and three hundred and forty-seven private acts; and the number of pages taken up in printing the public acts was one hundred and forty-seven, and in printing the private acts was two hundred and eighty six pages. In one thousand eight hundred and thirty-one, we find passed one hundred and twelve public acts, and two hundred and eighty-four private acts. The public acts printed in one hundred and twenty-seven pages, and the private acts printed in two hundred and thirty-three pages. In one thousand eight hundred and thirty-two, we find forty-two public acts printed in fifty-three pages, and one hundred and sixteen private acts printed in one hundred and forty-seven pages. In one thousand eight hundred and thirty-three, we find ninety-one public acts printed in one hundred and seventeen pages, and the number of three hundred and five private acts printed in one hundred and seventy-nine pages. This expose shows in bold relief the employment of the Legislature of Tennessee, for several years back. The Committee cannot come to any other conclusion than that much of the private Legislation must have been useless,-nay worse than useless, injurious-to the country. They are of opinion, that much of such matter might, with propriety, be placed in the hands of the magistrates. This body of men is numerous are to be hereafter selected by the people, and will always continue to have a congeniality of interest and feeling with the great mass of the people. The Committee do not know a safer or more judicious repository of such local and private matters as are of such inferior consequence as not to deserve the deliberate action of the great council of State. All however, which the committee believe can properly be done, is simply to vest the Legislature with discretionary power upon the subject matter. The committee believe the provisions at the head of this report will go far to cut off an immense mass of this business. The committee will specify a few of the more troublesome and improper subjects that have occupied the attention of the Legislature. In the last three sessions ninety-six individuals have been authorized to hawk and peddle, and retail spirituous liquors without licences. The committee believe that all such acts should be absolutely prohibited and that it would be effected by the above clause. If the community does require at all a law to prohibit the sale of spirituous liquors, without such licence as may be granted by the constituted authorities. If their interests will be promoted by such a law, that law should be general. If any injury will be done by giving unrestrained liberty to all to hawk and peddle, and retail liquors; then if granted to one individual, the injury results to the extent of his traffic. The only difference will be in the extent of the injury. Shall rights, privileges or immunities be granted to individuals, contrary to the good morals of the people, and which are condemned by general laws. If the Legislature think the interest of the country demand the repeal, it can be done; whilst in force let it operate on all alike. This is in unison with our institutions. The release of fines, forfeiture, the granting of letters of administration, will be cut off. The Legislature has wasted much time and money in debating the propriety of authorising mill dams and fish traps to be erected in streams declared to be navigable by the laws of the whole land. If any stream be navigable, and should be of sufficient consequence to be so declared for the best interest of the country, it should be preserved by the force of the laws free from the slightest obstruction. Laws should not be passed, authorising certain individuals to obstruct the stream to a certain extent. This is a right granted to some favored individual, and prohibited to the rest of the community, because injurious to the whole. It is a privilege, an immunity, granted in contravention of general law. All such legislation will come under the ban of the recommended clause. It is the most comprehensive that can be adopted without inserting an absolute prohibitory clause to all local and private legislation. That would be wholly improper. The committee are of opinion that it would be ineffectual and improper to descend to details in the formation of a Constitution. New cases of legislation would arise which would be as troublesome as specific ones cut off. The provision recommended would put an end to countless cases that it is impossible to foresee. The committee find in the constitution, numerous provisions intended to protect the rights of individuals against the encroachments of the government. They believe that it is just as necessary that the body politic should be protected against the extension of peculiar rights and immunities to individuals at the expense of the community. All of which, is respectfully, submitted. W. H. HUMPHREYS, Chairman. Mr CHILDRESS, at the request of Mr FULTON, moved a reconsideration of the vote taken on yesterday, adopting Mr ROBERT J. MCKINNEY'S proposition as an amendment to the fifth section of the first article: and thereupon the question was submitted, and determined in the negative; ayes 28, noes 29. The ayes and nocs being demanded, Those who voted in the affirmative are, Messrs. Allen, Armstrong, Alexander, Burton, Cannon, Cahal, Cobbs, Cross, Fulton, Fogg, Gillespy, Gray, Gordon, Humphreys, Kincannon, Kincaid, Ledbetter, Loving, Montgomery, Marr, Purdy, Robertson, Sharp, Scott, Ury, Whitson, White and Webster; 28. Those who voted in the negative are, Messrs. President (Carter,) Bradshaw, Blount, Childress, Cheatham, Douglass, Garrett, Hodges, Hill, Huntsman, Hess, Kelly, Kendall, Kimbrough, McClellan, Robert J. McKinney, John A. McKinney, Mabry, McGaughey, Nelson, Roadman, Richardson, Ridley, Stephenson, Senter, Smith, Smartt, Walton and Weakley; 29. And so said motion was rejected. Whereupon Mr HUNTSMAN moved to fill the blank in said amendment with the words "sixty-three," and thereupon the question was had and determined in the negative; ayes 26, noes 31. The ayes and noes being demanded, Those who voted in the affirmative are, Messrs. President (Carter), Bradshaw, Childress, Cheatham, Garrett, Hodges, Hill, Huntsman, Hess, Kelly, Kendall, Kimbrough, McClellan, Robert J. McKinney, John A. McKinney, Mabry, McGaughey, Nelson, Roadman, Richardson, Ridley, Stephenson, Senter, Smith, Smartt and Walton; 26. Those who voted in the negative are, Messrs. Allen, Armstrong, Alexander, Burton, Blount, Cannon, Cahal, Cobbs, Cross, Douglass, Fulton, Fogg, Gillespy, Gray, Gordon, Humphreys, Kincannon, Kincaid, Ledbetter, Loving, Montgomery, Marr, Purdy, Robertson, Sharp, Scott, Ury, Whitson, White, Webster and Weakley; 31. Mr CAHAL moved to lay the said proposition of Mr Robert J. McKinney and the amendments thereto proposed, on the table, and thereupon the question was had and determined in the affirmative; ayes 31, noes 26. The ayes and noes being demanded, Those who voted in the affirmative are, Messrs. Allen, Armstrong, Alexander, Burton, Cannon, Cahal, Cobbs, Cross, Fulton, Fogg, Gillespy, Gray, Gordon, Humphreys, Kincannon, Kincaid, Kimbrough, Ledbetter, Loving, Montgomery, Marr, Purdy, Richardson, Robertson, Sharp, Scott, Ury, Whitson, White, Webster and Weakley; 31. Those who voted in the negative are, Messrs. President (Carter), Bradshaw, Blount, Childress, Cheatham, Douglass, Garrett, Hodges, Hill, Huntsman, Hess, Kelly, Kendall, McClellan, Robert J. McKinney, John A. McKinney, Mabry, McGaughey, Nelson, Roadman, Ridley, Stephenson, Senter, Smith, Smartt and Walton; 26. The fifth section was next read, and amended on motion of Mr JOHN A. MCKINNEY by striking from the second line thereof, the word "said,” and inserting in its stead the word "the," and also by inserting the word "commencing," in the same line immediately after the word "thereafter." The said fifth section was then read as amended, and concurred with. The sixth section was thereupon read and concurred with, without amendment. The seventh section was read and amended on motion of Mr JOHN A. MCKINNEY, by striking therefrom the word "should," and inserting in lieu the word "shall." The said section as amended was concurred with. The eighth section being read, Mr MCCLELLAN moved to amend by striking therefrom the word "thirty," for the purpose of inserting the words "twenty-five." Q |