The question pending being on the substitute offered by Mr.
McHenry, for the 4th section of the report.

Mr. McHenry, withdrew said substitute.

On motion of Mr. Tuck,
The 4th section of said report was amended by inserting after
the word "for,'' these words, "determining the number for each
county, and;"

Mr. Tuck, moved further to amend said 4th section by adding
at the end thereof the following

‘‘And the number of commissioners that may be hereafter pre—
scribed by law shall not be changed;''
Determined in the negative.
The said 4th section was then adopted as amended.
Mr. McHenry, moved further to amend said report of the com-
mittee by inserting as an additional section, the section to be found
in his report on page 748 of Journal, and marked section 4th.
Mr. Dent, moved to amend said amendment by striking out the
words "Justices of the Peace," and inserting in lieu thereof
"competent persons;"
Determined in the negative.
The question then recurred upon the adoption of the amend-
ment as offered by Mr. McHenry;
Determined in the negative.
The 5th section of said report was then read.
Mr. Constable, moved to amend said section by inserting after
the words "the General Assembly," the words "shall provide by
Jaw for the election of road supervisors in the several counties by
the voters of the election district respectively, and;"
Mr. Blakistone, offered as a substitute for said 5th section the
following:
"The commissioners of the several counties of this State, after
the adoption of this constitution, shall fix the number of Supervi-
sors of roads for the several election districts of their respective coun-
ties, who shall be elected by the legal voters of said districts respec
Lively, at the firstgeneral election of delegates, and at each general
election of delegates that may happen thereafter, and in case of
the death or removal of any supervisor, the commissioners shall
supply such vacancy until the next general election, and any per-
son elected supervisor, who shall refuse to act shall be subject to a
penalty of $10, unless such person has previously served in such
capacity within the last ten years next preceding."
Which was read.
The President ruled the substitute to be out of order.
The question then recurred on the adoption of the amendment
as offered by Mr. Constable;
Mr. John Newcomer, moved the previous question, and being
seconded;