On motion of Mr ALEXANDER,

Ordered, That a select committee of seven be appointed, and that the foregoing preamble and resolutions be referred to the said committee.

The President appointed Messrs Blount, Alexander, John A. M'Kinney, Allen, Roadman, Huntsman and Loving the said committee. Mr KINCANNON submitted the following:

Whereas, it is admitted on all hands, that some efficient and permanent system of general education ought speedily to be established in this State: and whereas, the freemen of Tennessce do object upon principle to the payment of a poll tax for the current expenses of the government: and whereas it is believed that the most legitimate application of all taxes laid on the persons of freemen is to the improvement or enlightening our species: Therefore

Resolved, That a tax of not less than fifty cents shall annually be levied on, and collected from every qualified voter within the State, between the age of twenty-one and fifty years:-And that such tax, when collected, shall be applied to the purposes of general education, under such rules and regulations as the legislature shall from time to time establish and direct.

Mr WEAKLEY presented the account of John Austin, for cleaning and repairing done on Representatives Hall for the reception of the Convention, and also the account of Robert I. Moore, for carpeting furnished for Convention Hall; which were severally read and referr ed to the committee on accounts and expenditures.

On motion of Mr LEDBETTER, the Convention again resolved itself into Committee of the Whole, Mr Cobbs 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 Hess's resolution made on the 6th June, providing that the General Assembly shall have no power to pass laws for the emancipation of slaves, without the consent of their owner or owners, &c.And

Mr SHARP's resolution made on the 10th of June, providing for the location of the seat of Government permanently, at some point on the Tennessee river and for other purposes, were taken up, severally read and referred to the Committee of the Whole.

On motion of Mr COBBS,

Ordered, That Messrs Cahal, Ledbetter, Hill, Purdy, Webster and Kimbrough, to be added to the committee raised by Mr Blount's resolution of this day.

The Convention again resolved itself into Committee of the Whole, Mr Cobbs in the chair, on the existing Constitution and the various amendments proposed thereto; and after some time spent in the conderation thereof, the committee rose, reported progress, asked and obtained leave to sit again.

And thereupon the Convention adjourned.

THURSDAY, JULY 24, 1834.

The Convention met according to adjournment, and was opened with prayer, by the Rev. Mr SENTER of the Methodist Episcopal Church. Mr WEBSTER, from the committee on new counties and county boundaries, to whom were referred sundry memorials and petitions on that subject, reported that the committee have had the same under consideration, and after a full and fair examination and investigation of each memorial respectively; the committee had instructed him to report, that in the opinion of the committee, the memorials from the counties of Carter, Sullivan, Rhea, Bedford, Humphreys, Dyer and Tipton are reasonable and ought to be granted, and each of the above named counties should be made exceptions to the general provisions, adopted by the Convention upon the subject of new counties, with this proviso, "That no new county line shall be run or established nearer to the seat of Justice of Bedford county, than ten and one half miles: and further, the committee recommend that the general provision or the principle adopted by the Convention, which provides that no new counties shall be formed of less content than four hundred square miles, be amended so that new counties shall be formed of content of three hundred and fifty square miles, and shall contain one thousand voters:" and to ask that the committee be discharged from the further consideration of the said memorials.

On motion of Mr WEBSTER, the foregoing report was ordered to the table.

On motion of Mr HESS, the resolutions heretofore submitted by Mr Blount, on the subject of emancipation, were taken up, severally read, and referred to the Committee of the Whole.

The Convention again resolved itself into Committee of the Whole, Mr Cannon in the chair, on the existing Constitution and the several amendments proposed thereto; and after some time spent in the consideration thereof, the committee rose, reported progress, asked and obtained leave to sit again.

Mr HUNTSMAN submitted the following:

Resolved, That the boundary lines of this State be referred to a committee, to enquire into its present boundaries, as settled either by the Constitution, or by Convention with other States, adjoining this Scate, and that they report thereon to this Convention.

And the rule being suspended, Mr Huntsman, after the foregoing had undergone some discussion, asked and obtained leave to with

draw it.

Mr HUMPHREYS, from the committee on local and private Legislation, made the following

REPORT.

The committee on Private and Local Legislation, recommend the following additions to the Constitution:

1st. The legislature shall have no power to grant divorces, but may authorize the courts of justice to grant them by such laws as may be just and proper: Provided, That such laws be general and uniform in their operation throughout the State.

2nd. The legislature shall have no power to authorize lotteries for any purpose; but shall pass laws to prohibit the sale of lottery tickets in the State.

3rd. The legislature shall fix the rate of interest, and the rate so established shall be equal and uniform throughout the State, so that every person and corporation may be allowed the same. But this provision shall not affect existing corporations.

DIVORCES.

The committee state that a divorce is a dissolution of a marriage contract between persons. A marriage is founded on consent, and is ripened into a binding contract by the public vows of the parties. This contract is deemed, in all civilized countries, to be one of so much importance to the well being and prosperity of society, as to require the special notice of the laws. It is required in this State, to be attested by an officer of justice, or a minister of the gospel, and a record is made of the transaction. The solemnities of the law are thus superadded to the private contract, in order to give publicity and permanency to it. The best interest of the parties, of their offspring and of society, will be consulted by making this delicate tie expire only by the death of one of the contracting parties. The experience of every country, the acts of which are worthy of any consideration, attest this truth. The States generally, have proceeded, through their Legislatures, to specify by general laws, applicable alike to every person, the cases in which the bonds of matrimony may be dissolved, and the parties released from the obligations arising from it. These cases are few in number, and authorised only by acts grossly inconsistent with the marriage vows. The Legislature of Tennessee passed an act in 181 authorizing certain courts of justice to grant divorces to all persons who brought themselves within the provisions of the general law, which enumerated and specified the causes of divorces. Notwithstanding this provision, affording redress to all persons at home, where all the circumstances are fully known, in a cheap, expeditious and just way; the Legislature is constantly filled with applications for divorces.

These divorces of necessity come within two classes: 1st, those not authorised by the general laws of the land; and 2ndly, those which are authorized by them. Those which are authorized by the general law, are brought into the Legislature in order to save time and cost. The cases which cannot be brought within the general law, are submitted to the Legislature from a combination of motives, to wit: to save cost, time and to get the privilege of a divorce for causes more slight and trivial than such as are embraced within the general law, or for

causes new and unthought of. The committee believe this is all wrong, and is not sanctioned by the best interests of the State. This power should not be exercised in any case whatever; but should be delegated to the magistrates of the several counties assembled in county court, or should be vested in the circuit courts. The legislature can make provision for every possible case that may arise. If particular cases of hardship do arise, they will be but seldom if ever without a a remedy. But what general law or provision is there, that does not sometimes operate severely. The Constitution should be organized with an eye to the great and general interests which must, and will be promoted by this provision.

First as to Costs. The committee beg leave to state, that in selecting a tribunal to settle controversies, dissolve contracts and the like, when the merits of two for the attainment of justice are equal, that should be preferred which is cheapest. Divorces have been heretofore tried in the circuit courts, generally without a jury. The salary of the judge is stated, and is not increased or diminished by any increase or diminution of business. The result has been, that no costs accrue but fees of counsel, clerk and sheriff. If the parties can bring themselves within the provision of the laws for the benefit of poor persons, no costs whatever can arise. In any event, the costs will not be greater than in any other private suit and cannot possibly be oppressive. What is the result of a reference of such questions to the legislature? This body is to be increased to some seventy or eighty men; their established pay is $4 per diem; add the costs of clerks, door-keepers and stationery for both houses, to the per diem allowance of members, and the whole will constitute a most expensive court for the trial of disputes.

The Secretary of State informs the committee, that it is not usual, so far as his information extends, for private bills of this sort, to consume as much time as bills of a more general character; but the committee are of opinion, that cases must of necessity occur, which will require a week or more to dispose of them. The committee are led to this conclusion, from a knowledge of the fact, that there is nothing more calculated to excite personal interest and curiosity, and protracted debate, than the facts which would sometimes be called forth on occasions of this sort. The committee leave out of view the bad feelings which these struggles about female rights engender, and the withdrawal of the minds of the members from the more important business of the State.

The committee further suggest, that it is a most extraordinary spectacle of extravagance and folly, in an enlightened country, to find the council of State, consisting of some sixty or eighty men, convened for the purpose of superintending the great interests of State, examining testimony and listening to protracted discussions about private rights and private licentiousness, at the daily cost of some three or four hundred dollars.

Another item of costs may not perhaps be unworthy of considera

tion, to wit: the publication of these proceedings on the separate journals of each house, and on the printed acts that are scattered over the State. It is impossible without doing mischief, to stifle any of the acts of the legislature. The committee are of opinion, that the people should have exact information of all the proceedings of that body. The only cheek upon their vicious acts and doings, is the publication of them. The cost of publication then, must be an additional burthen on the people. The committee state, that it is most ruinous policy that the whole community should pay for the vices of a few individuals; and that it should never be done, unless to stop positive oppression. The committee state, that the courts of justice are much more likely to learn the truth and do justice between the parties.

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In any view in which it can be conceived, the act of dissolving the bonds of matrimony is the dissolution of a contract. Whether it comes within the spirit of that clause in the Bill of Rights, which forbids the legislature from impairing the obligation of a contract, it is not now necessary to determine, but certainly is an act which must operate upon the destination of the estate which they may jointly or singly possess. It is a trial of personal rights. of pecuniary rights. The legislature is converted into a judicial tribual for the settlement of private controversies. This is a violation of one of the well settled principles in our government, which directs, that the powers of the goveanment, legislative, executive and judicial should be vested in different bodies of magistracy. The numbers and qualifications of those different bodies of men, are so wholly different as to render it most absurd and improper, that the duties of the one should be discharged by the other. It matters not whether the case presented to the legislature, be within the provisions of the existing laws or not, that body must act upon the evidence of facts. How are these facts to be made known? If the facts are to be tried before the courts of justice in the county where the parties reside, their characters are there made known; the facts are made known through the medium of sworn witnesses, and the decree can be temporary or limited, or conditional, as justice may require. The division of the estate, the support of the parties and their offspring, can all be deliberately attended to. How different is the case when the parties are brought before the legislature. The legislature must of necessity know nothing about the characters,or the circumstances of the parties, or the facts upon which the application is grounded. Even the member from the district is frequently as much in the dark as to the true state of the facts, as others. He hears one side. How is it possible to do justice in such a delicate matter, so full of feeling and important interests?

The committee believe that so much divorcing by the Legislature would not take place, were it not for the peculiar manner in which such subjects of legislation are frequently managed through the Houses. A number of applicants are brought forward, and they are all connected one with another, and with other private and local matters. Thus they get the support of a majority. If each stood or fell upon its separate