IC-NRLF 
 
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 OF THE PROCEEDINGS OF THE 
 
 CONVENTION OF DELEGATES 
 
 ELECTED BY THE PEOPLE OF TENNESSEE, TO 
 
 AMEND, REVISE, OR FORM AND MAKE 
 
 NEW CONSTITUTION 
 
 FOR THE STATE. 
 
 ASSEMBLED IN THE CITY OP NASHVILLE, JANUARY 10, 1370. 
 
 NASHVILLE: 
 
 JONES,. PURVIS & CO., PRINTERS TO THE STATE.. 
 1870. 
 
/870 
 
 OFPT. 
 
OF THE 
 
 CONVENTION OF THE STATE OF TENNESSEE, 
 
 Convened in the City of Nashville on Monday, the Wth day of Janu- 
 ary, in the year of our Lord one thousand eight hundred and 
 seventy, and in the ninety-fourth year of American Independence, 
 in pursuance of an Act of the General Assembly of the State afore- 
 said, entitled "An Act to provide for the Calling of a Convention," 
 passed the I5th day of November, 1869. 
 
 THE ASSEMBLING. 
 
 Mr. NICHOLSON called the Convention to order, and read the fol- 
 lowing proclamation from the Governor: 
 
 "EXECUTIVE OFFICE, ) 
 NASHVILLE, January 10th, 1870. J 
 
 " To the People of the State of Tennessee, and to the Delegates to 
 the Constitutional Convention, elected at the general election held in 
 pursuance of an Act passed by the General Assembly of the State 
 of Tennessee, on the 18th day of December, 1869, now assembled in 
 Nashville : 
 
 "WHEREAS, By the 12th section of an Act ' entitled an Act to 
 authorize the people to call a Convention and for other purposes/ 
 passed November 15th, 1869, it is made the duty. of the Governor 
 and Secretary of State to compare the returns made by the Com- 
 missioners of Registration, of the votes cast at the general election 
 held on the 18th day of Dumber J869. for and against the Con- 
 
 M JL8R9 7 
 
veution therein provided for, and if a majority of those voting be 
 in favor of a Convention, it. shall be the duty of the Governor im- 
 mediately to issue: his proclamation announcing the result. 
 
 " Now, therefore, be it known, that upon a careful comparison of 
 the returns made, it satisfactorily appears that a large majority of 
 the votes so cast are in favor of said Convention, the votes for Con- 
 vention being 50,520, and against 10,020, showing a majority of 
 40,500. I do, therefore, hereby proclaim that said Convention is 
 carried by a majority of 40,500, as far as heard from. 
 
 " In testimony whereof, I have hereunto subscribed my official 
 signature, and caused the Great Seal of the State to be affixed, at 
 the Department in Nashville, this 10th day of January, 1870. 
 
 " D. W. C. SENTER." 
 " By the Governor : 
 
 "A. J. FLETCHER, 
 
 Secretary of State." 
 
 On motion of Mr. NICHOLSON, Boiling Gordon, the delegate from 
 Hickman, was appointed temporary President of the Convention. 
 
 Mr. GOBDON, on taking the Chair, addressed the Convention as 
 follows : 
 
 GENTLEMEN OF THE CONVENTION: 
 
 For the honor conferred upon me, unsuited as I am to preside 
 over this body during its organization, accept my thanks. I re- 
 eeive it at your hands the more properly, because I am a sort "of 
 connecting link between the past and present generation. I stand- 
 before you as the sole return delegate to this body, being one who 
 met with others, almost on this identical spot, thirty-five years ago, 
 to give to the State a Constitution. Whether that instrument has 
 been acceptable, it is not for me to inquire ; but it certainly has to 
 the great majority of the people of the State. I was associated 
 with a class of men who performed great services for the State. I 
 make mention of Blount, a man venerable in years and profound in 
 erudition; Walton, an upright, sensible man, who occupied the 
 same position in the Convention , of 96, which I occupy in the 
 present. To this class of men I may add the names of McKinney, 
 of East, and Weakley, of West Tennessee. We had among us 
 various distinguished men, whose deeds it is not necessary for me 
 to recount. I may name the venerable Francis B. Fogg, of this 
 city, who left his impress upon the Constitution. But society, like 
 everything else, moves on, and we are now called upon to remodel 
 that Constitution, to adapt it to the wants of the age. 
 
5 
 
 May I not invoke this Convention, in which I s_ee so many gray 
 heads, and so many distinguished men, to aid in making a Consti- 
 tutional Government which shall answer all the ends designed ; 
 may I not invoke you to discharge all the duties of the occasion 
 with credit to yourselves, and with benefit to the State. I thank 
 you, gentlemen. 
 
 The following named delegates appeared, produced their creden- 
 tials, and took their seats : 
 
 From the County of Bedford T. B. IVIE. 
 From the County of Blount W. H. FINLEY. 
 From the County of Bradley S. P. GAUT. 
 From the County of Cannon WARREN CUMMINGS. 
 From the County of Carroll W. M. WRIGHT. 
 From the County of Claiborne P. G. FULKERSON. 
 From the County of Cocke M. McNABB. 
 
 From the County of Davidson NEIL S. BROWN and JOHN .C. 
 THOMPSON. 
 
 From the County of DeKalb 
 
 From the County of Dickson THOMAS C. MORRIS. 
 
 From the County of Fayette . 
 
 From the County of Franklin JESSE ARLEDGE. 
 From the County of Gibson SPARREL HILL. 
 From the County of Giles THOMAS M. JONES. 
 From the County of Grainger J^BVIES W. BRANSON. 
 From the County of Green JAMES BRITTON. 
 From the County of Hamilton RICHARD HENDERSON. 
 From the County of Hardeinan JAMES FENTRESS. 
 From the County of Hardin A. G. McDouGAL. 
 From the County of Hawkins JOHN NETHERLAND. 
 From the County of Haywood GEORGE C. PORTER. 
 
 From the County of Henderson . 
 
 From the County of Henry JAS. D. PORTER, JR. 
 
 From the County of Hickman BOLLING GORDON. 
 
 From the County of Jackson RICHARD P. BROOKS. 
 
 From the County of Jefferson WM. SAMPLE. 
 
 From the County of Knox JOHN BAXTER. 
 
 From the County of Lawrence T. D. DEAVENPORT. 
 
 From the County of Lincoln GEO. W. JONES. 
 
 From the County of Madison ALEXANDER W. CAMPBELL. 
 
 From the County of Marion WM. BYRNE. 
 
6 
 
 From the County of Marshall RICHARD WARNER, JR. 
 
 From the County ot Maury W. V. THOMP SON. 
 
 From the County of McNairy . 
 
 From the County of McMinn A. BLIZARD. 
 
 From the -County of Monroe JAMES A. COFFIN. 
 
 From the County of Montgomery D. N. KENNEDY. 
 
 From the County of Obion CHAS. N. GIBBS. 
 
 From the County of Overton Z. R. CHOWNING. 
 
 From the County of Roane W. B. STALE Y. 
 
 From the County of Robertson JOHN E. GARNER. 
 
 From the. County of Rutherford JOHN W. BURTON. 
 
 From the County of Stewart NATHAN BRANDON. 
 
 From the County of Sullivan "W. V. DEADERICK. 
 
 From the County of Sumner JAMES J. TURNER. 
 
 From the County of Shelby WILLIAM H. STEPHENS and Jos. 
 B. HEISKELL. 
 
 From the County of Smith JOHN ALLEN. 
 
 From the County of Warren H. L. W. HILL. 
 
 From the County of Washington S. J. KIRKPATRICK. 
 
 From the County of Wayne . 
 
 From the County of Weakley JOHN A. GARDNER. 
 
 From the County of White GEO. G. DIBBRELL. 
 
 From the County of Wilson, S. G. SHEPARD, and W. H. WIL- 
 LIAMSON. 
 
 From the County of Williamson SAMUEL S. HOUSE. 
 
 From the Counties of Carter and Johnson W. B. CARTER. 
 
 From the Counties of Greene, Hawkins, Hancock and Jefferson 
 A. A. KYLE. 
 
 From the Counties of Knox and Sevier Jos. A. MABRY. 
 
 From the Counties of Anderson and Campbell H. R. GIBSON. 
 
 From the Counties of Scott, Morgan and Fentress JAMES C. 
 PARKER. 
 
 From the Counties of Polk, McMinn, and Meigs T. M. BURKETT. 
 
 From the Counties of Rhea, Bledsoe, Hamilton, and Sequatchie 
 -D. M. KEY. 
 
 From the Counties of Grundy, Coffee and Van Buren MATT. 
 MARTIN. 
 
 From the Counties of Smith, Sumner and Macon GEORGE E. 
 SEAY. 
 
From the Counties of Davidson, Robertson, and Montgomery 
 JOHN F. HOUSE. 
 
 From the Counties of Rutherford and Bedford JNO. E. DROM- 
 
 CiOOLE. 
 
 From the Counties of Lincoln, Marshall and Giles JNO. C. 
 BROWN. 
 
 From the Counties of Williamson, Maury and Lewis A. O. P. 
 NICHOLSON. 
 
 From the Counties of Benton and IJumphreys Ws F. DOHERTY. 
 
 From the Counties of Perry and Decatur G. W. WALTERS. 
 
 From the Counties of Carroll, Gibson, Madison and .Henry 
 JAMES S. BROWN. 
 
 From the Counties of Dyer and Lauderdale A. T. FIELDER. 
 
 From the Counties of Tipton, Shelby, and Fayette HUMPHREY 
 R. BATE, 
 
 THE ORGANIZATION, 
 
 Sixty-six members appearing, it was announced by the Chair that 
 the first business in order was the election of a President, and that 
 aiominations were in order, 
 
 Mr, NETHERLAND nominated Mr. John C. Brown, delegate from 
 the counties of Lincoln, Marshall and Giles. 
 
 There being no other person in nomination, 
 
 On motion of Mr. KENNEDY, Mr. Brown was declared the unan- 
 imous choice of the Convention for President. 
 
 The Chair appointed Messrs. Netherland and Jones, of Lincoln, 
 to conduct the President elect to the chair, and on taking his seat 
 he addressed the Convention as follows : 
 
 GENTLEMEN OF THE CONVENTION : 
 
 While I am not insensible to the distinguished honor you have 
 conferred on me, I trust you will give me credit for candor when I 
 say that I would have preferred that the responsibilities which your 
 generous confidence has imposed on me, should have been confided 
 to one more experienced in parliamentary usage. 
 
 I am a stranger to deliberative bodies. I shall therefore be under 
 the necessity of invoking your charity for my shortcomings, and 
 your sympathy and assistance in the discharge of my official duties. 
 
 We 'have assembled at a most critical period in the history of our 
 affairs. The peace, the happiness and prosperity of our beloved 
 State may depend, in a great measure, for years to come, upon the 
 wisdom, prudence and moderation which shall mark our delibera- 
 
8 
 
 tions. Questions of difficulty and delicacy may arise in the course 
 of our proceedings. Let them be met and disposed of in a spirit 
 worthy of those to whose hands the destinies of a great Common- 
 wealth have been committed by a gallant and confiding people, 
 /fiet us raise ourselves above the passions and prejudices of the 
 / hour, and dare to be just and generous regardless of the tempta- 
 i tions prompting a contrary course. We cannot, we must not) be un- 
 \ mindful of the great changes that have impressed themselves upon 
 X>ur history. Let us accept the situation, and not seek to alter cir- 
 cumstances which have passed beyond our control. With this spirit 
 animating every delegate, our session will speedily arrive at results 
 which will satisfy all our people, and make Tennessee what she de- 
 serves to be, a great, happy and prosperous State. 
 
 With a sincere hope that all our deliberations may be character- 
 ized by justice and moderation, and again thanking you for the un- 
 merited honor conferred upon me, I enter upon the discharge of the 
 duties you have assigned me. 
 
 On motion of Mr. BROWN, of Davidson, the Rev. Mr. Rains- 
 opened the proceedings by prayer. 
 
 On motion of Mr. GORDON, all Ministers of the Gospel present 
 were invited to the President's stand. 
 
 Mr. BAXTER offered the following resolution : 
 
 Resoj/ved, That before proceeding further with the business of 
 this Convention, each member be required to take an oath to sup- 
 port the Constitution of the United States. 
 
 On motion of Mr. HOUSE, of Davidson, Robertson and Mont- 
 gomery, the resolution was laid on the table temporarily. 
 
 Mr. Burton offered the following resolution : 
 
 Resolved, That the Convention proceed to complete its organiza- 
 tion by the election of one Secretary, one Assistant Secretary, one 
 Door-keeper, one Assistant Door-keeper, and one Messenger. 
 
 Mr. PORTER of Henry, moved to amend by inserting " three Sec- 
 retaries." 
 
 Which amendment was rejected. 
 
 The resolution of Mr. BURTON was then adopted. 
 
 On motion of Mr. KENNEDY, it was 
 
 Resolved, That the rules of the House of Representatives be 
 adopted by this Convention, as rules to govern its proceedings and 
 deliberations, as far as they are applicable. 
 
 The President announced the next business in order to be the 
 election of a Secretary, and that nominations were in order. 
 
9 
 
 Mr. WILLIAMSON nominated Samuel Donelson, of the County of 
 Simmer. 
 
 Mr. HOUSE, of Williamson, nominated Wm. G. Marshall, of 
 Williamson. 
 
 Mr. TURNER nominated T. E. S. Russwurm, of the County of 
 Sumner. 
 
 There being no other nominations, a ballot was had, with the fol- 
 lowing result : 
 
 For Mr. DONELSON Messrs. Allen, Arledge, Campbell, Chown- 
 ing, Gardner, Gordon, Jones of Lincoln, Kyle, Porter of Hay wood, 
 Shepard, Thompson of Davidson, Thompson of Maury, and Wil- 
 liamson 13. 
 
 For Mr. MARSHALL Messrs. Baxter, Dibbrell, Deavenport, 
 Deaderick, Finley, Fen tress, Gibbs, Hill of Gibson, House of Wil- 
 liamson, House of Davidson, Robertson and Montgomery, Jones of 
 Giles, Martin, Mabry, Netherland, Nicholson, Porter of Henry, 
 Warner, and President Brown 18. 
 
 For Mr. RUSSWURM Messrs. Brown of Davidson, Branson, 
 Britton, Brooks, Byrne, Blizard, Burton, Brandon, Brown of Carroll, 
 Gibson, Madison and Henry, Carter, Coffin, Doherty, Dromgoole, 
 Fulkerson, Fielder, Gaut, Garner, Henderson, Hill of Warren, Heis- 
 kell, Ivie, Kirkpatrick, Key, Kennedy,Morris, McDougal, McNabb, 
 Parker, Seay, Stephens, Staley, Sample, Turner, Walters and 
 Wright 35. 
 
 Mr. RUSSWURM having received a majority of all the votes cast, 
 was declared duly elected Secretary of the Convention, and he ap- 
 peared and entered upon his duties. 
 
 The President announced that the next business in order was the 
 election of an Assistant Secretary, and that nominations were in 
 order. 
 
 Mr. JONES, of Lincoln, nominated T. W. Jones, of Giles. 
 Mr. NETHERLAND nominated W. S. Kyle, of Hawkins. 
 Mr. PORTER, of Haywood, nominated Henry Noland, of Hay- 
 wood. 
 
 A ballot was had, with the following result : 
 
 For Mr. JONES Messrs. Allen, Arledge, Brown of Daviison, 
 Brooks, Burton, Deavenport, Doherty, Dromgoole, Fielder, Gibbs, 
 Gordon, Garner, Hill- of Warren, Hill of Gibson, House of Wil- 
 liamson, House of Davidson, Robertson and Montgomery, Ivie, 
 Jones of Lincoln, Jones of Giles, Martin, Morris, McDougal, 
 
10 
 
 Nicholson, Thompson of Davidson, Thompson of Maury, Wright, 
 Warner, Walters, and President Brown 29, 
 
 For Mr. KYLE Messrs. Branson, Baxter, Britton, Byrne, Bliz- 
 ard, Brandon, Coffin, Chowning, Carter, Dibbrell, Deaderick, Fin- 
 ley, Fulkerson, Gaut, Henderson, Heiskell, Kirkpatrick, Key, Ken- 
 nedy, Kyle, Mabry, McNabb, Netherland, Parker, Seay, Shepard, 
 Staley, Sample, Turner, and Williamson 30. 
 
 For Mr. NOLAND Messrs. Brown of Carroll, Gibson, Madison 
 and llenry, Campbell, Fentress, Gardner, Porter of Haywood, 
 Porter of Henry, and Stephens 7. 
 
 Mr. PORTER withdrew the name of Mr. Noland. 
 Another ballot was had, with the following result : 
 
 For Mr. JONES Messrs. Allen, Arledge, Brown of Davidson, 
 Brooks, Burton, Brown of Carroll, Gibson, Madison and Henry, 
 Campbell, Deavenport, Doherty, Dromgoole, Fentress, Fielder, 
 Gardner, Gibbs, Gordon, Garner, Hill of Warren, Hill of Gibson, 
 House of Williamson, House of Davidson, Robertson and Mont- 
 gomery, Ivie, Jones of Lincoln, Jones of Giles, Martin, Morris, 
 McDougal, Nicholson, Porter of Henry, Stephens, Thompson of 
 Davidson, Thompson of Maury, Wright, Warner, Walters, and 
 President Brown 35. 
 
 For Mr. KYLE Messrs. Branson, Baxter, Britton, Byrne, Bliz- 
 ard, Brandon, Coffin, Chowing, Carter, Dibbrell, Deaderick, Fin- 
 ley, Fulkerson, Gaut, Henderson, Heiskell, Kirkpatrick, Key, 
 Kennedy, Kyle, Mabry, McNabb, Netherland, Porter of Haywood, 
 Parker, Seay, Shepard, Staley, Sample, Turner, and William- 
 son 31. 
 
 Mr. JONES having received a majority of all the votes cast, was 
 declared duly elected Assistant Secretary, and he appeared and en- 
 tered upon his duties. 
 
 The Convention then proceeded to the election of a Door-keeper, 
 when the following named persons were put in nomination : 
 
 Mr. JONES, of Lincoln, nominated John H. Taylor, of Lincoln. 
 
 Mr. SEAY nominated L. G. Stuart, of Sumner. 
 
 Mr. THOMPSON, of Davidson, nominated T. W. Ballou, of David- 
 son. 
 
 Mr. BROWN, of Davidson, nominated W. J. Moss, of Davidson. 
 
 Mr. DIBBRELL nominated Alexander Oliver, of White. 
 
 A ballot was had with the following result : 
 
 For Mr. TAYLOR Messrs. Arledge, Cumniings, Dromgoole, Gaut, 
 
11 
 
 V 
 
 Gordon, Henderson, Ivie, Jones of Lincoln, Jones of Giles, Key, 
 Martin, Nicholson, Thompson of Maury, Warner and President 
 Brown 15. 
 
 For Mr. BALLOU Mr. Thompson of Davidson 1. 
 
 For Mr. Moss Messrs. Brown of Davidson, Branson, Baxter, 
 Britton, Brandon, Chowning, Carter, Finley, Fulkerson, Fielder, 
 Hill of Gibson, House of Williamson, Kirkpatrick, Kennedy, 
 Parker, Stephens and Staley 18. 
 
 For Mr. STUART Messrs. Allen, Blizard, Burton, Brown of Car- 
 roll, Gibson, Madison and Henry, Coffin, Campbell, Deavenport, 
 Doherty, Fentress, Gardner, Garner, Heiskell, Mabry, Morris, 
 McDougal, McNabb, Netherland, Porter of Haywood, Porter of 
 Henry, Seay, Shepard, Thompson of Maury, Turner, Wright, 
 Williamson and Walters 25. 
 
 For Mr. OLIVER Messrs. Brooks, Byrne, Dibbrell, Deaderick, 
 Gibbs, Hill of Warren, Kyle and Sample 8. 
 
 There being no election, another ballot was had as follows : 
 
 For Mr. TAYLOR Messrs. Arledge, Cummings, Dromgoole, Gaut, 
 Henderson, Hill of Warren, Ivie, Jones of Lincoln, Jones of Giles, 
 Key, Kennedy, Martin, Nicholson, Thompson of Maury, Warner 
 and President Brown 16. 
 
 For Mr. STUART Messrs. Allen, Blizard,Burton, Brown of Hen- 
 ry, Carroll, Gibson and Madison, Campbell, Carter, Deavenport, 
 Deaderick, Doherty, Fentress, Fielder, Gardner, Garner, Gibbs, 
 Gordon, Heiskell, House of Davidson, Robertson and Montgomery, 
 Kirkpatrick, Mabry, McDougal, Netherland, Porter of Haywood, 
 Porter of Henry, Seay, Shepard, Stephens, Turner, Wright, Wil- 
 liamson and Walters 30. 
 
 For Mr. Moss Messrs. Brown of Davidson, Branson, Britton, ' 
 Brandon, Chowning, Finley, Hill of Gibson, House of William- 
 son, Morris, McNabb, Parker and Staley 12. 
 
 For Mr. OLIVER Messrs. Brooks, Byrne, Dibbrell, Fulkerson 
 and Mr. Kyle 5. 
 
 For Mr. BALLOU Mr. Thompson of Davidson 1. 
 There being no election, another ballot was had as follows : 
 [Mr. DIBBRELL withdrew the name of Mr. Oliver.] 
 
 For Mr. TAYLOR Messrs. Arledge, Baxter, Cummings, Dibbrell, 
 Finley, Fulkerson, Gaut, Henderson, Hill of Warren, Ivie, Jones 
 of Lincoln, Jones of Giles, Key, Martin, Nicholson, Thompson of 
 Maury, Warner and President Brown 18. 
 
 For Mr. STUART Messrs. Allen, Branson, Britton, Byrne, Bliz- 
 
12 
 
 ard, Burton, Brown of Henry, Carroll, Gibson and Madison, 
 Coffin, Carter, Campbell, Deavenport, Deaderick, Doherty, Drom- 
 goole, Fentress, Fielder, Gardner, Gibbs, Gordon, Garner, Hill of 
 Gibson, Heiskell, House of Davidson, Robertson and Montgomery, 
 Kirkpatrick, Kennedy, Kyle, Mabry, Morris, McDougal, Nether- 
 land, Porter of Hay wood, Porter of Henry, Seay, Shepard, Stephens, 
 Sample and Turner 40. 
 
 For Mr. Moss Messrs. Brown of Davidson, Brooks, Brandon, 
 Chowning, House of Williamsom, McNabb, Parker, Staley and 
 Thompson of Davidson '9. 
 
 Mr. L. G. STUAET having received a majority of all the votes cast, 
 was declared duly elected Door-keeper of this Convention for the 
 present term. 
 
 The Convention then proceeded to the election of an Assistant 
 Door-keeper. 
 
 Mr. MARTIN nominated John E. Bennett, of Coffee. 
 
 Mr. THOMPSON, of Davidson, nominated H. A. Ausburn, of the 
 County of Davidson. 
 
 Mr. BAXTER nominated Abraham Brown, colored, of the County 
 of Davidson. 
 
 Mr. THOMPSON, of Davidson, nominated E. B. Drake. 
 
 Mr. BROWN, of Davidson, nominated W. H. Grant. 
 
 There being no other nominations the Convention proceeded to 
 ballot with the following result : 
 
 For Mr. AUSBURN Messrs. Brown of Henry, Carroll, Gibson 
 and Madison, Campbell, Heiskell, Mabry, Netherland, Porter of 
 Henry, Turner and Walters 8. 
 
 For Mr. BENNETT Messrs. Allen, Arledge, Brooks, Burton, Cum- 
 mings, Coffin, Chowing, Dibbrell, Deavenport, Deaderick, Drom- 
 goole, Fulkerson, Fentress, Fielder, Gaut, Gardner, Gibbs, Garner, 
 Gordon, Henderson, Hill of Warren, Hill of Gibson, House of Wil- 
 iamson, Ivie, Jones of Lincoln, Jones of Giles, Kennedy, Kyle, 
 Martin, Morris, McDougal, Nicholson, Porter of Hay wood, Parker, 
 Seay, Shepard, Stephens, Thompson of Maury, Wright, Williamson, 
 Warner and President Brown 41. 
 
 For Mr. DRAKE Messrs. Doherty, House of Davidson, Robert- 
 son and Montgomery, and Thompson of Davidson 3. 
 
 For Mr. GRANT Mr. Brown of Davidson 1. 
 
 For ABRAHAM BROWN Messrs. Branson, Baxter, Britton, Bliz- 
 ard, Finley, Gaut, Kirkpatrick, Key, McNabb, Staley and Sample 1 1 . 
 
 JOHN E. BENNETT having received a majority of all the votes cast, 
 
13 
 
 
 
 was declared duly elected Assistant Door-keeper of this Convention 
 for the present term. 
 
 The Convention then proceeded to the election of a Messenger. 
 
 Mr. WILLIAMSON nominated Master Paul Jones, of Davidson. 
 
 Mr. WARNER nominated H. N. C. Davis, of Marshall. 
 
 Mr. DIBBRELL nominated Skipworth. 
 
 Mr. BURTON nominated G. W. Blanche, of Butherford. 
 
 Mr. KYLE nominated Win. Polk, colored, of Davidson. 
 
 Mr. BROWN, of Davidson, nominated Baskett. 
 
 Mr. THOMPSON, of Davidson, nominated J. N. Todd. 
 
 Mr. THOMPSON, of Davidson, nominated H. A. Ausburn. 
 
 There being no other nominations the Convention proceeded to 
 ballot with the following result : 
 
 For Master JONES Messrs. Arledge, Garner, House of Davidson, 
 Robertson and Montgomery, Morris, McDougal, Shepard and Wil- 
 liamson 7. 
 
 For Mr. DAVIS Messrs. Branson, Britton, Brooks, Byrne, Dea- 
 venport, Deaderick, Doherty, Fulkerson, Fielder, Gardner, Gibbs, 
 Gordon, Hill of Gibson, Heiskell, House of Williamson, Ivie, 
 Jones of Lincoln, Jones of Giles, Kirkpatrick, Martin, Mabry, 
 McNabb, Nicholson, Porter of Hay wood, Parker, Stephens, Thomp- 
 son of Maury, Turner, Wright, Warner, Walters and President 
 Brown 32. 
 
 For Wm. POLK Messrs. Baxter, Blizard, Brandon, Finley, Gaut, 
 Henderson, Key, Kyle and Sample 9. 
 
 - For Mr, SKIPWORTH Messrs. Coffin, Chowning, Dibbrell, Ken- 
 nedy, Netherland and Staley 6. 
 
 For Mr. BASKETT Messrs. Brown of Davidson, and Hill of War-' 
 ren 2. 
 
 For Mr. AUSBURN Mr. Carter 1. 
 
 There being no election when, on motion of Mr. GARNER, 
 
 Mr. DAVIS was declared to be the Messenger of the Convention for 
 the present term. 
 
 This completed the organization of the Convention. 
 
 On motion of Mr. KIRKPATRICK, it was 
 
 Resolved, That the resident clergy of this city be, and they are 
 hereby respectfully solicited to act as Chaplains of this Convention 
 during its sittings, dividing the time among themselves in such 
 manner as they may deem most expedient. 
 
14 
 
 Mr. GARNER called up the resolution of Mr. Baxter in relation to 
 the oath to be taken by the members of the Convention, when Mr. 
 Jones, of Lincoln, offered the following in lieu, which was accepted 
 by Mr. Baxter, and adopted by the Convention : 
 
 Resolved, That the following oath be administered to the mem- 
 bers of this Convention, by some Judge or Justice of the Peace : 
 
 We, and each of us, solemnly swear upon the Evangelists of Al- 
 mighty God, that we will support the Constitution of the United 
 States, and discharge the duties of delegates of this Convention 
 faithfully and to the best of our ability. 
 
 Resolved, That a similar oath be administered to the officers of 
 this Convention. 
 
 On motion of Mr. KENNEDY, it was 
 
 Resolved, That the reporters of the newspapers in the city of 
 Nashville be invited to seats within the bar for the purpose of re- 
 porting the proceedings of this Convention. 
 
 On motion of Mr. CAMPBELL, it was 
 
 Resolved, That a committee of five delegates be appointed to re- 
 port permanent rules for the government of this Convention. 
 
 Resolved, That a committee of five delegates be appointed to re- 
 port upon credentials of members. 
 
 On motion of Mr. JONES, of Lincoln, it was 
 
 Resolved, That the President of this Convention be authorized to 
 appoint one porter to serve this body. 
 
 Mr. BROWN, of Davidson, offered the following resolution : 
 
 Resolved, That Clay Roberts, who arranged the present hall, be 
 appointed to remain in charge of the same, with instructions to 
 have the hall kept in order and furnished with; all necessary fuel, 
 stationery, and other supplies, and he shall receive the same com- 
 pensation as the Secretary of the Convention. 
 
 On motion of Mr. BAXTER, the resolution was laid on the table. 
 
 Mr. Nicholson offered the following resolution : 
 
 Resolved, That the following shall be the Standing Committees 
 to be appointed by the President : 
 
 On the Legislative Department, 
 
 On the Judicial Department, 
 
 On Taxation, 
 
 On Interest and Usury, 
 
 On Revision, 
 
 On Enrollments, 
 
 On Franchise, 
 
 Each Committee to consist of nine members. 
 
 The resolution was laid over until to-morrow. 
 
15 
 
 The members "who answered to their names on the first calling of 
 the roll were then duly sworn, in conformity with the oath pre- 
 scribed, by P. "W. MAXEY, an acting Justice of the Peace for the 
 County of Davidson. 
 
 The oath was also administered to the President, the Secretary, 
 Assistant Secretary, Door-keeper and Messenger, by Esquire 
 MAXEY. 
 
 On motion of Mr. BURTON, the Convention adjourned until to- 
 morrow morning, 10J o'clock. 
 
 TUESDAY MORNING, JANUARY 11, 1870. 
 
 The Convention met pursuant to adjournment, Mr. President 
 BROWN in the Chair. 
 
 Prayer by the Rev. Mr. SAMPLE, a member of this body. 
 
 The Journal of yesterday was read, corrected and approved. 
 
 Mr. KENNEDY called up the resolution offered on yesterday by 
 Mr. Nicholson, in relation to the Committees, and offered the fol- 
 lowing in lieu : 
 
 1. Resohedy That the Bill, or Declaration of Rights, be referred 
 to a Committee to report to this Convention whether, in their 
 opinion any, and if any, what amendments are proper and nec- 
 essary. 
 
 2. Resolved , That the Legislative Department, as established by 
 the present Constitution, be referred to a Committee, to inquire 
 and report whether, in their opinion any, and if any, what amend- 
 ments are necessary. 
 
 3. Resolved, That the Executive Department of the Government, 
 as established by the present Constitution, be referred to a Com- 
 mittee to inquire and report whether any, and if any, what amend- 
 ments are necessary. 
 
16 
 
 4. Resolved, That the Judicial Department of the Government, 
 as established by. the present Constitution, be referred to a Com- 
 mittee to inquire whether any, and if any, what amendments are 
 necessary. 
 
 5. Resolved, That so much of the present Constitution as re- 
 lates to elections and right of suffrage, be referred to a Committee 
 to inquire and report whether any, and if any, what amendments 
 are necessary. 
 
 6. Resolved, That all such parts of the Constitution as are not 
 included in and referred by the foregoing resolutions, be referred to 
 a Committee to inquire and report whether any, and if any, what 
 amendments are necessary therein. 
 
 7. Resolved, That each Committee appointed under the foregoing 
 resolutions, shall consist of eleven members. 
 
 8. Resolved, That no original resolution offered to the Conven- 
 tion, proposing any amendment to the Constitution, or Declaration 
 of Rights, be discussed on its merits till it shall have been referred 
 to the appropriate Committee. 
 
 Mr. BURTON offered the following amendment, which was ac- 
 cepted by Mr. Kennedy : 
 
 Resolved, That so much of the Constitution as relates to questions 
 of finance, internal improvements and corporations, both public and 
 private, be referred to a Committee to report whether any, and if 
 any, what amendments are necessary. 
 
 Mr. HEISKELL offered the following in lieu of Mr. Kennedy's 
 first seven resolutions : 
 
 Resolved, That the Standing Committees of this Convention shall 
 be as follows : 
 
 On the Judicial Department, 
 
 On the Legislative Department, 
 
 On the Declaration of Rights, 
 
 On Elections and Right of Suffrage, 
 
 On Taxation, 
 
 On Miscellaneous Provisions. 
 
 That these Committees shall take into consideration such resolu- 
 tions as shall be submitted to them by the Convention under the 
 rules of the House. 
 
 On motion of Mr. HOUSE, of Davidson, Robertson and Mont- 
 gomery, the substitute of Mr. Heiskell was laid on the table. 
 
 Mr. HOUSE, of Davidson, Robertson and Montgomery, offered 
 the following amendment : 
 
 Provided, That the Delegate offering resolutions, may, at the 
 
17 
 
 time of offering the same, make a brief statement in reference 
 thereto, the same not to exceed five minutes in length. 
 
 Which amendment was adopted, and the resolutions, as amenced, 
 were adopted by the Convention. 
 
 s 
 QUORUM. 
 
 On motion of Mr. WARNER, it was 
 
 Resolved, That two-thirds of the entire number of Delegates 
 elected to this Convention, shall constitute a quorum for the trans- 
 action of business. 
 
 COMMITTEES TO REPORT. 
 
 Hr. HILL, of Warren, offered the following resolution : 
 Resolved, That each of said Committees is hereby instructed to 
 
 report fully on the subjects referred to each, on or before the 20th 
 
 day of this month. 
 
 On motion of Mr. KEY, the resolution was laid on the table. 
 
 TOOK THEIR SEATS. 
 
 JOHN M. TAYLOR, delegate from the County of Henderson, 
 
 H. R. BATE, delegate from the Counties of Tipton, Shelby and 
 
 Fayette, 
 
 Jos. H. BLACKBURN, delegate from the County of DeKalb, and 
 E. H. SHELTON, delegate from the County of Tipton, appeared, 
 
 took the oath required, and took their seats. 
 
 PERFECTING ORGANIZATION. 
 
 Mr. GORDON offered the following resolution, which was adopted : 
 
 Resolved, That with a view of perfecting the organization of this 
 
 Convention, and of economizing its labors, that this body proceed 
 
 at once to the election of a Second Assistant or Engrossing Clerk 
 
 of the Convention. 
 
 The PRESIDENT announced that nominations were in order for 
 the office of Second Assistant or Engrossing Clerk. 
 
 Mr. GORDON nominated W. S. Kyle, of Hawkins County. 
 
 Mr. PORTER nominated Y. N. Cavitt, of Henry County. 
 
 There being no other nominations, the Convention proceeded to 
 ballot, with the following result : 
 
 For Mr. KYLE Messrs. Allen, Brown of Davidson, Branson, 
 2 
 
18 
 
 Baxter, Britton, Brooks, Byrne, Blizard, Burton, Coffin, Chowning, 
 Carter, Dibbrell, Deaderick, Dromgoole, Finley, Fulkerson, Fen- 
 tress, Gaut, Gordon, Garner, Henderson, Hill of Warren, Hill of 
 Gibson, Heiskell, House of Williamson, Ivie, Jones of Lincoln, 
 Jones of Giles, Kirkpatrick, Key, Kennedy, Kyle, Martin, Mabry, 
 Morris, McNabb, Netherland, Nicholson, Porter of Hay wood, 
 Parker, Seay, Shepard, Stephens, Staley, Sample, Shelton, Thomp- 
 son of Davidson, Thompson of Maury, Williamson, W T arner, and 
 President Brown 62. 
 
 For Mr. CAVITT Messrs. Brandon, Brown of Henry, etc., Bate, 
 Cummings, Campbell, Deavenport, Doherty, Fielder, Gardner, 
 Gibbs, House of Davidson, Robertson and Montgomery, McDougal, 
 Porter, of Henry, Turner, Taylor, Wright, and Walters 17. 
 
 Mr. KYLE having received a majority of all the votes cast, was 
 declared duly elected Engrossing Clerk for the present term of this 
 Convention, he appeared, took the required oath, and entered upon 
 the discharge of his duties. 
 
 JOHN E. BENNETT, elected Assistant Door-keeper on yesterday, 
 appeared, was sworn in as such, and entered upon the discharge ot 
 his duties. 
 
 COMMITTEES. 
 
 The PRESIDENT announced as the Committee on Permanent 
 Rules: Messrs. Campbell, Jones of Lincoln, Netherland, Baxter, 
 and Porter of Henry. 
 
 And the Committee on Credentials to be Messrs. House of Wil- 
 liamson, Williamson, Britton, Coffin, and Porter of Haywood. 
 
 STATIONERY. 
 
 Mr. JONES, of Giles, offered the following resolution : 
 
 Resolved, That the Secretary contract for such stationery as may 
 
 be necessary for the use of the Convention, and when procured, the 
 
 same shall be under his care and responsibility. 
 
 On motion of Mr. JONES, the rules were suspended, and the reso- 
 lution adopted. 
 
 COURTESIES. 
 
 Mr. FRANCIS B. Fogg, of Davidson, who was a member of the 
 Convention of 1834, appearing in the lobby, he was, on motion of 
 
19 
 
 Mr. JDXES, of Lincoln, invited to a seat within the bar of the 
 House. 
 
 On motion of Mr. NICHOLSON, the privileges of the Hall were 
 extended to Mr. Fogg during the session of the Convention. 
 
 On motion of Mr. STEPHENS, the same courtesy was extended to 
 Judge West H. Humphreys, of this city, who was also a member 
 of the Convention of 1834, and to all other members of that body 
 who may visit the city during the session of the Convention. 
 
 Mr. GARNER oifered the following resolution : 
 
 Resolved, That the members of the General Assembly of Ten- 
 nessee, the Governor, Judges, and other officers of the State be, and 
 they are hereby invited to seats within the bar of this Convention. 
 
 On motion of Mr. GARNER, the rules were suspended, and the 
 resolution adopted. 
 
 MISCELLANEOUS. 
 
 Mr. GARNER offered the following resolution : 
 
 Resolved, That the Door-keeper be and he is hereby instructed to 
 have seats placed within and without the bar of this Convention for 
 the use of those who may desire to be present during the sitting of 
 this body. 
 
 On motion of Mr. GARNER, the rules were suspended, and .the 
 resolution adapted. 
 
 Mr. JONES, of Lincoln, offered the following resolution : 
 Resolved; That the Committee on the Executive Department be 
 instructed to inquire into the propriety of providing for the election 
 of a Lieutenant-Governor, who shall be President of the Senate, 
 and who shall receive a per diem during the time he may be actually 
 engaged in the discharge of his duties as such ; and in case of 
 vacancy in the office of Governor, he shall succeed to the discharge 
 of the Executive duties. 
 
 On motion of Mr. BROWN, of Davidson, the rules were suspended, 
 and the resolution adopted. 
 
 Mr. President BROWN Mr. Jones, of Lincoln, in the Chair 
 offered the following resolution : 
 
 RwJccd, That until the adoption of permanent rules of order 
 for the Convention, that the 51st rule, adopted for our temporary 
 government, be and the same is suspended in favor of all resolu- 
 tions looking to amendments of the Constitution. 
 
20 
 
 On motion of Mr. BPXOWN, the rules were suspended, and the 
 resolution adopted. 
 
 AMENDMENTS PROPOSED. 
 
 Mr. BROWN, of Davidson, offered the following : 
 / 'That Section 26 of the Bill of Rights be so amended as to read 
 ; as follows : " That all citizens of this State have a right to keep 
 \ and bear arms for their common defense." 
 
 That Section 1 of Article IV. be so amended as to read as follows, 
 viz : Every man of the age of twenty-one years, being a citizen of 
 the United States, and a citizen of the County wherein he may offer 
 his vote six months next preceding the day of election, shall be en- 
 titled to vote for members of the General Assembly and other 
 civil officers for the County or District in which he resides ; and 
 there shall be no qualification attached to the right of suffrage ex- 
 cept that each voter shall exhibit to the Judges of Election where 
 he offers to vote, satisfactory evidence that he has paid his poll-tax 
 then due by him, without which his vote cannot be received. And 
 all male citizens of the State shall be subject to the payment of poll- 
 tax and to performance of military duty, within such ages as may 
 be prescribed by law. 
 
 /Which was ordered to be referred, to the Judiciary Committee. 
 
 'Mr. BROWN, of Davidson, offered the following amendment to 
 the Constitution of the State : 
 
 To Section 29, Article II., add : " But the General Assembly 
 shall have no power to pass laws for the issuance of bonds of the 
 State for any purpose, or to increase the indebtedness of the State, 
 in any form, beyond the ordinary expenditures, without the concur- 
 rence of three-fourths of the members elect of both Houses. Nor 
 shall the General Assembly have power to pass what is commonly 
 called omnibus bills, or bills proposing to appropriate the credit of 
 the State in the form of bonds or otherwise, to different objects, 
 and combined in one bill. All laws passed in that form, by what- 
 ever vote, shall be utterly void. ]S T or shall the General Assembly, 
 after the present session, have pow r er to prolong its sessions, at any 
 time, beyond the space of sixty days from its organization." 
 
 Section 28, Article II. Strike out the word "white" in the 
 llth line, and add to the end of the Section: "And all revenue 
 derived from the tax on polls, peddlers, and privileges, shall be set 
 apart and devoted exclusively to the payment of the interest on the 
 public debt of the State, and of the debt itself, and when this is 
 accomplished, such revenue shall be then applied to the use of 
 common schools for ever, and for no other purpose." 
 
 Mr. ARLEDGE offered the following resolution : 
 
21 
 
 Resolved, That no bill shall pass the Legislature of this State ex- 
 cept upon its own merits, and not connected with any other bill. 
 
 Mr. KIRKPATRICK offered the following resolutions : 
 
 1st. Resolved, That the credit of this State shall never be given 
 or loaned in aid of any person, association, municipality or corpo- 
 ration. 
 
 2nd. That the members of the Legislature shall receive for their 
 services a sum nof exceeding four dollars a day from the commence- 
 ment of the session, but such pay shall not exceed in the aggregate, 
 two hundred and forty dollars for per diem allowance, except in pro- 
 ceedings for impeachment. The limitation as to the aggregate com- 
 pensation shall not take effect until after the first Monday of Octo- 
 ber, one thousand eight hundred and seventy-one. When convened 
 in extra session by the Governor they shall receive four dollars per 
 day. They shall also receive one dollar for every ten miles they 
 shall travel going and returning from their place of meeting on the 
 most usual route. 
 
 The Speakers of the Assembly shall, in virtue of their office, re- 
 ceive an additional compensation equal to one-third of their per 
 diem allowance as members. 
 
 Mr. KIRKPATRICK introduced the following resolutions: 
 
 1st. Resolved, That the General Assembly shall pass no special 
 act conferring corporate powers. 
 
 2nd. Corporations may be formed under general laws, but all 
 such laws may from time to time be altered or repealed. 
 
 3rd. That dues from corporations shall be secured by such indi- 
 vidual liability of the stockholders and other means as may be pre- 
 scribed by law, but in all cases each stockholder shall be liable over 
 and above the stock owned by him or her, and any amount unpaid 
 thereon to a further sum at least equal in amount to such stock. 
 
 Mr. HOUSE, of Davidson, Robertson and Montgomery, introduced 
 the following resolutions : 
 
 1st. Resolved, That the credit of the State shall never be given 
 or loaned in aid of any person, association, municipality or corpo- 
 ration. 
 
 2nd. That the Legislature may contract debts to meet casual de- 
 ficits or failures in the revenues, but such debts, direct or contin- 
 gent, singly or in the aggregate, shall not at any time exceed six 
 hundred thousand dollars, and the monies arising from loans creat- 
 ing such debt shall be applied to the purposes for which they were 
 obtained or to pay such debts. 
 
 3rd. No act of the Legislature shall authorize any debt to be con- 
 tracted on behalf of the State except for purposes mentioned in the 
 foregoing section unless provision be made therein to lay and collect 
 an annual tax sufficient to pay the interest stipulated, and to dis- 
 
22 
 
 charge the debt in thirty years ; nor shall such act take effect until 
 it shall have been submitted to the people at a general election , and 
 shall have received a majority of all the votes cast for and against 
 it ; Provided, that the Legislature may contract debts by borrowing 
 money to pay any part of the debt of the State, without submitting 
 the question to the people, and without making provision in the act 
 authorizing the same for a tax to discharge the debt so contracted, 
 or the interest thereon. 
 
 / 4th. No one who does not own at least two hundred and fifty dol- 
 / lars worth of taxable property shall be entitled to vote in any elec- 
 \ tion in which the question is submitted to a vote of the people, of 
 \contracting debts, or raising money on behalf of the State, any as- 
 sociation or municipality, or corporation whatsoever. 
 
 Mr. BAXTER submitted the following amendments to the Consti- 
 tution : 
 
 In lieu of the 4th and 5th Sections of the Bill of Rights, insert 
 the following : 
 
 Sec. 4. That no religious or political test, other than an oath to 
 /support the Constitution of the United States and of this State, 
 I shall ever be required as a qualification to any office or public trust 
 \under this State. 
 
 v Sec. 5. That elections shall be free and equal, and the right of 
 suffrage, as hereinafter declared, shall never be denied to any per- 
 son entitled thereto, except upon conviction by a jury of some in- 
 famous crime, previously ascertained and declared by law, and the 
 judgment thereon by a court of competent jurisdiction." 
 
 Strike out the 3.1st section of the Bill of Rights, and insert the 
 following : 
 
 Sec. 31. The erection of safe and comfortable prisons, the inspec- 
 tion of prisons, and the humane treatment of prisoners, shall be 
 provided for by law. 
 
 ^ Sec. 32. That slavery and involuntary servitude, except as a pun- 
 / ishment for crime, whereof the party shall have been duly con- 
 v. victed, are forever prohibited in this State. 
 
 Sec. 33. The General Assembly shall make no law recognizing 
 the right of property in man. 
 
 " Every free man of the age of twenty-one years, being a citizen 
 of the United States, and a citizen of the County where he may 
 offer his vote, six months next preceding the day of election, and 
 who shall have paid one month before the day of election all poll 
 taxes legally due from him for the preceding year, shall be entitled 
 to vote for members of the General Assembly and other civil officers 
 for the County or District in which he resides." 
 
 Mr. PORTER, of Hay wood, offered the following amendment to the 
 Constitution of the State : 
 
23 
 
 " Resolved, That Section 4, of Article II, shall be so amended as 
 to read as follows : 
 
 The Governor shall hold his office for four years, and until a suc- 
 >r shall be elected and qualified. He shall not be eligible more 
 than eight years in a term of twelve." 
 
 Resolved, That it be referred to the proper .Committee to en-" 
 quire into and report upon the expediency of the abolition of the 
 office of County Trustee, as provided in Article VII, Section 1, of 
 the Constitution. 
 
 Mr. HEISKELL offered the following amendments to the Constitu- 
 tion : 
 
 Resolved, Article I, Section 4, ought to be so amended that no 
 religious test shall ever be required as a qualification for any office 
 or public trust under this State or to the exercise of voting. 
 
 Nor shall any political test, or any oath relating to past time or 
 conduct, except the oath to prevent dueling. 
 
 That Article VI, Section 11, of the Constitution, requires to be 
 amended so as to provide that the Legislature may provide by law 
 for the appointment of Judges of the Supreme Court, in the event 
 any Judge shall be unable for any cause to attend or sit. 
 
 Resolved, That so much of Article II, Section 28, as excepts 
 " merchants, peddlers and privileges " from the rule of equal taxa- 
 tion, is against the theory and principle of constitutional law, as it 
 excepts a minority from the protection of the Constitution, and the 
 same ought to be amended. 
 
 Mr. JONES, of Giles, offered the following resolution : 
 Resolved, That the Committee on the Legislative Department be 
 instructed to inquire and report whether it is expedient and proper 
 to limit the duration of the sessions of the Legislature to one hun- 
 dred days. 
 
 Mr. KENNEDY offered the following resolution : 
 
 Resolved, That the members of the General Assembly shall not 
 receive per diem for a longer period than ninety days for a regular 
 session, and thirty days for a called session of the same. 
 
 Mr. TURNER offered the following amendments to the Constitu- 
 tion : 
 
 Resolved, That Article II, Section 8, of the present Constitu- 
 tion, be so amended, commencing at the last word of said Section 
 so as to read as follows : 
 
 11 And their sessions shall not continue for more than one hun- 
 dred days during its term of office, unless it shall be convened in 
 extraordinary session by the Executive, and its deliberations shall 
 then be confined to the subjects embraced in the message of the Ex- 
 ecutive." 
 
24 
 
 Resolved, That Article IV, Section 1, of the present Constitu- 
 tution be so amended as to strike out the last sentence of said Sec- 
 tion. 
 
 Mr. WARNER offered the following resolution : 
 
 Resolved, That the Legislature shall not make the State debt ex- 
 ceed 5 per cent, on the taxable property of the State after the adop- 
 tion of this Constitution ; but this has no reference to the debt 
 already created. 
 
 Mr. BROWN, of Henry, Carroll, Gibson and Madison, offered the 
 following resolutions : 
 
 Resolved, That the General Assembly shall never authorize any 
 county, city or town by vote of its citizens, or otherwise, to become 
 a stockholder in any joint stock company, corporation or associa- 
 tion whatever, or to raise money for or loan its credit to or in aid 
 of any such company, corporation or association. 
 
 Resolved, That the bonds of the State shall never be issued for any 
 purpose whatever except in renewal of existing liabilities. 
 
 Mr. GARDNER offered the following resolution : 
 
 Resolved, That the Committee on the Judicial Department in- 
 quire as to the expediency of providing that in case of the incom- 
 petency of any Judge to try a cause pending in his Court the prac- 
 ticing Attorneys present may elect a special Judge to try such 
 cause. Also, when from sickness, or other cause, the regular Judge 
 is unable or fails to attend to hold a term of his Court, the licensed 
 lawyers present may elect a special Judge to hold such term, who 
 shall be paid out of the salary of the regular Judge. 
 
 On motion of Mr. BROWN, of Davidson, it was ordered that the 
 foregoing resolutions and proposed amendments be referred to the 
 respective Committees hereafter to be appointed by the President. 
 
 Mr. GARNER offered the following resolutions : 
 
 Resolved, That the Committee on Elections and Right of Suf- 
 frage be instructed to inquire into and report what change, if any, 
 should be made in the Constitution so as to require all voters to 
 vote in all elections in the Civil District of their residence. 
 
 Resolved, That the Standing Committee on the Legislative De- 
 partment be instructed to inquire into and report as to the expe- 
 diency of so changing the Constitution as to limit the sessions oi 
 the Legislature and the per diem of the members and officers there- 
 of to sixty days, at their regular biennial sessions ; and also as to 
 the propriety of limiting the number of .Representatives in the 
 General Assembly to fifty. 
 
25 
 
 On motion of Mr. GARNER, the rules were suspended, and the re- 
 solutions were adopted, and ordered to be referred to the appro- 
 priate Committees. 
 
 On motion of Mr. KENNEDY, the House adjourned until to-inor 
 row morning at 10 o'clock. 
 
 WEDNESDAY MORNING, JANUARY 12, 1870. 
 
 The Convention met pursuant to adjournment, Mr. President 
 BROWN in the Chair. 
 
 The Journal of yesterday was read and approved. 
 
 AMENDMENTS PROPOSED. 
 
 Mr. WARNER offered the following resolution : 
 
 Resolved, That the Chancery Court Clerks and Masters be elected 
 by the qualified voters of their respective Counties, and the time, 
 place and manner of their election and the term of their office be 
 the same as the Circuit and County Court Clerks. 
 
 Ordered that the resolution be referred to the Committee on the 
 Judiciary. 
 
 Mr. STALEY offered the following resolutions : 
 
 Resolved, That the Judges of the Supreme Court, and the Judges 
 of the Circuit Courts and Chancery Courts, and the Attorney Gen- 
 end for the State, and the Attorneys General for the several Judi- 
 cial Circuits in the State, shall be nominated, and by and with the 
 advice and consent of the Senate, appointed by the Governor. 
 
 Resolved, That Judges of the Supreme Court shall not be less 
 than forty years of age, and Judges of the Circuit and Chancery 
 Courts shall not be less than thirty-five years of age. 
 
 Mr. STALEY offered the following resolution : 
 
 Resolved, That Section 1 of Article IX of the present Constitu- 
 tion, whereby Ministers of the Gospel are rendered ineligible to 
 seats in the General Assembly, be abrogated. 
 
26 
 
 Resolved, That Section 1, of Article IV, be so modified as to read 
 as follows : 
 
 Every male citizen of the age of twenty-one years being a citizen 
 of the United States, and a citizen of the County wherein he may 
 offer his vote six months next preceding the day of election, shall 
 be entitled to vote for Governor and members of the General As- 
 sembly, and for other civil officers for the County or District in 
 which he may reside. 
 
 Be it further resolved, That the other two clauses of said Section 
 1, of Article IV, be annulled and stricken out. 
 
 TOOK THEIE SEATS. 
 
 T. M. BURKETT, Delegate from the Counties of Polk, McMinn 
 and Meigs, and 
 
 H. R. GIBSON, Delegate from the Counties of Anderson and 
 Campbell, 
 Appeared, took the oath required, and took their seats. 
 
 AMENDMENTS PEOPOSED. 
 
 Mr. WARNER offered the following resolution : 
 
 Resolved, That Article II, Section 12, of the Constitution of the 
 State of Tennessee, be so amended, as to insert the words " of the 
 entire number," between " two-thirds " and " expel." 
 
 Mr. McDouGAL offered the following resolution : 
 Resolved, That the Committee on the Legislative Department in- 
 quire into the expediency of striking out the 1st Section of Article 
 IX, of the Constitution, which disqualifies Ministers of the Gospel 
 of any denomination whatever, to be members of either House of 
 the Legislature. 
 
 Mr. JONES, of Lincoln, offered the following resolution, which was 
 adopted : 
 
 Resolved, That the Committee on the Legislative Department in- 
 quire into the propriety of providing for the pardoning of persons 
 convicted in impeachments. 
 
 Mr. HOUSE, of Davidson, Robertson and Montgomery, offered the 
 following as an amendment to the Constitution : 
 
 Strike out Section 4, Article III, and insert, " The Governor shall 
 hold his office for four years, and until his successor is elected and 
 qualified, and shall be ineligible to re-election." 
 
 Add the following as an independent section to said Article : 
 
27 
 
 " Every bill which may pass both Houses of the General Assem- 
 bly, shall, before it becomes a law, be presented to the Governor for 
 his signature, if he approve he shall sign it, and the same shall be- 
 come a law ; but if he refuse to sign it, he shall return it with his 
 objections thereto in writing, to the House in which it originated, 
 and said House shall cause said objections to be entered at large 
 upon their Journals, and proceed to reconsider the bill. If, after 
 such reconsideration, a majority of all the members elected to that 
 House, shall agree to pass the bill, notwithstanding the objections of 
 the Executive, it shall be sent with said objections to the other 
 House, by which it shall be likewise reconsidered. If approved by 
 a majority of the whole number elected to that House, it shall be- 
 come a law ; the votes of both Houses shall be determined by yeas 
 and nays, and the names of all the members voting for or against 
 the bill, shall be entered upon the Journals of their respective 
 Houses. If the Governor shall fail to return any bill with his ob- 
 jections within five days (Sundays excepted) after it shall have been 
 presented to him, the same shall become a law without his signature ; 
 unless the General Assembly, by their adjournment, prevent its re- 
 turn, in which case it shall not become a law. 
 
 Every joint resolution or order (except on questions of adjourn- 
 ment) shall likewise be presented to the Governor for his signature, 
 and before it shall take effect shall receive his signature, and on 
 being disapproved by him shall In like manner be returned with 
 his objections, and the same, before it shall take effect, shall be re- 
 passed by a majority of all the members elected to both Houses, in 
 the manner and according to the rules prescribed in case of a bill. 
 
 Mr. HEISKELL offered the following resolution : 
 
 Resolved, That the Legislature shall have no power to restrict the 
 rights of parties to contract for a rate of interest not exceeding ten 
 per cent. pej? annum on money actually loaned. 
 
 Mr. SEAY introduced the following resolution : 
 
 Resolved, That the Constitution be amended so that new Counties 
 may be established by the Legislature, to consist of not less than 
 two hundred square miles, and to contain a population of three 
 hundred and fifty voters ; no line of such County shall approach the 
 Court-house of any old County from which it may be taken nearer 
 than eight miles, and no part of a County shall be taken to form 
 such County or a part thereof^ without a majority of the qualified 
 voters in such part taken off shall consent. And where an old 
 County may be reduced for the purpose of forming a new one, the 
 area of said old County shall not be reduced to less than three hun- 
 dred and fifty square miles. 
 
 Mr. SEAY introduced the following resolutions, which 
 adopted : 
 
28 
 
 1st. Resolved, That a Committee of seven be appointed upon the 
 subject of New Counties and changing County Lines, to take into 
 consideration the sections of the present Constitution embracing 
 said subjects, and report to this Convention, whether any, and if 
 any, what amendments or changes are necessary therein. 
 
 2nd. That all memorials and petitions upon said subjects, and all 
 resolutions submitted to this Convention proposing amendments or 
 changes of said sections of the Constitution be referred to said Com- 
 mittee, under the rule heretofore adopted by this Convention. 
 
 Mr. THOMPSON, of Davidson, offered the following resolution : 
 Be it resolved, That Section 6, of Article II, be amended by words 
 to the following effect : All debts created by operation of law, and 
 all judgments shall bear interest at the rate of six per centum per 
 annum. But the Legislature shall, have no power to restrict by law 
 the rate of interest which may be stipulated in writing to be paid 
 for the use of money loaned in cash, at the time of the execution of 
 the written agreement. Provided, That at the maturity of every 
 debt evidenced by writing, the debtor, in person or by Attorney 
 may confess judgment thereon in open court in favor of the named 
 payee for the use of the party entitled. 
 
 Resolved, Every citizen having a claim against the State may pur- 
 sue his claim to a judgment by the same judicial remedies, and in 
 the same courts as those in and by which claims against citizens are 
 reduced to judgments. 
 
 Mr. HEISKELL offered the following resolution : 
 Resolved, That the rights and privileges of the municipal corpo- 
 rations of this State shall not be infringed, or their charters changed 
 by the Legislature without their consent. 
 
 Mr. HENDERSON introduced the following resolution : 
 
 Resolved, That the Committee on the Legislative Department be 
 
 instructed to report whether the power of the Legislature to lay 
 
 taxes should be limited, and to what amount. 
 
 Mr. DROMGOOLE introduced the fallowing resolution : 
 
 1st. Resolved, That no power in this State shall ever solemnize or 
 make lawful the rites of matrimony between white and colored 
 people. 
 
 2d. Resolved, That the regular rate of interest in this State shall 
 be six per cent, per annum, but on all notes or obligations, given 
 for money actually loaned, and so stated in the face of the instru- 
 ment, if not paid within twenty days after maturity, or if collected 
 by suit, eight per cent, per annum shall be computed. 
 
 8d. Resolved, That] there shall be five Supreme Judges in this 
 State, and that their residence shall not be confined to any particu- 
 lar grand division of the State. 
 
29 
 
 FEINTING FOR THE CONVENTION. 
 
 Mr. KENNEDY introduced the following resolution : 
 licxohed, That the Printers of the General Assembly be and they 
 are hereby made and constituted the Printers for this Convention, 
 upon the same terms and contract as now exists between them and 
 the General Assembly. 
 
 AMENDMENTS PROPOSED. 
 
 Mr. CAMPBELL, offered the following resolution : 
 Resolved, " That this Government was made for the white man 
 and his posterity forever." 
 
 And that Section 1, Article IV, of the Constitution of Tennessee, 
 be so amended as to read : " Every free white man of the age of 
 twenty -one years, being a citizen of the County wherein he may 
 offer his vote six months next preceding the day of election, shall 
 be entitled to vote for members of the General Assembly and other 
 civil officers for the County or District in which he resides. 
 
 On motion of Mr. CAMPBELL, the foregoing resolutions were 
 referred to the Committee on Franchise. 
 
 Mr. MARTIN offered the following resolution, whichwas read and 
 referred to the Committee on the Legislative Department : 
 
 Resolved, That no member of the Legislature shall receive com- 
 pensation only for such time as he may be present in his seat attend- 
 ing to his duties. 
 
 THE DIVINE BLESSING. 
 
 Mr. FENTRESS offered the following resolution, which was 
 adopted under a suspension of the rules : 
 
 Resolved, That a Committee of three be appointed, whose duty it 
 shall be to inform the resident Clergy of this city, of all denomina- 
 tions, of the desire of this body that some one of them should be 
 present and invoke the Divine blessing upon the deliberations of 
 this House, for each day. 
 
 And thereupon the President appointed Messrs. Fentress, Thomp- 
 son of Davidson, and Stephens, said Committee. 
 
 AMENDMENTS PROPOSED. 
 
 Mr. STEPHENS introduced the following resolution, which was 
 read and referred to the Committee on the Judiciary : 
 
30 
 
 Resoh-ed, That the Clerks of the Supreme Courts shall be elected 
 by the qualified voters of their respective divisions, for the term of 
 six years. 
 
 Mr. PORTER, of Haywood, introduced the following resolution, 
 which was read and referred to the Legislative Department. 
 
 Resolved, That Section 7, of Article II, of the Constitution, under 
 the head of Legislative Department, be so amended as to lengthen 
 the membership of the lower branch of the Legislature from two 
 to four years, and the Senate from two to eight years. Further, 
 that this be referred to the Committee on said Department for con- 
 sideration and action. 
 
 Mr. PORTER, of Hay wood, offered the following resolution, which 
 was referred to the Committee on Finance : 
 
 Resolved, That a reference be had, to the proper Committee, to 
 take into consideration and report upon the expediency of requiring 
 the Sheriffs of the Counties, excepting the Counties of Knox, David- 
 son, and Shelby, to collect and pay over the State and County taxes. 
 Mr. WILLIAMSON introduced the following resolutions, which were 
 read and referred to the Committee on Franchise : 
 / Resolved, That no well organized Government has or can ever 
 / exist where the political power is divided between men of different 
 / races ; that all social and natural society, in its inception, was pre- 
 dicated upon the instinct of race or kind, and that not only men, 
 \ but the lower order of animals, and even the small insects, are con- 
 V trolled by the same great natural law. 
 
 Resolved, That any voluntary departure from this law of natural 
 existence should only be made after the gravest deliberation. 
 >^ Resolved, That the Committee on Franchise be directed to report 
 f an amendment to the Constitution of Tennessee restricting the right 
 \ of suffrage to white men only. 
 
 Mr. MARTIN introduced the following resolution, which was 
 read and referred to the Committee on Franchise : 
 
 Resolved, That no man shall be eligible to an office of honor, trust, 
 or profit, in this State, whether such office be elective or conferred 
 by appointment, unless he shall have been a citizen of the State of 
 Tennessee for three years, and of the County in which he may re- 
 side one year next before election or appointment. 
 
 Mr. BRANSON offered the following resolution, which was read 
 and referred to the Committee on the Legislative Department : 
 
 Resolved, That the Constitution be so amended as to allow each 
 and every County in this State, having as many as one thousand 
 qualified voters, to have a Representative in the lower branch of 
 the State Legislature. 
 
31 
 
 Mr. I VIE offered the following resolution, which was also read 
 and referred to the Committee on Franchise : 
 
 Resolved, That Section 1, Article IV, of the present Constitution 
 be amended so as to read as follows : " That all male citizens of 
 the age of twenty-one years, being a citizen of the United States, 
 and a citizen of the County wherein he may offer his vote six 
 months next preceding the day of election, shall be entitled to vote 
 for members of the General Assembly and other civil officers, for 
 the County or District in which he resides, but shall in all cases be 
 required to vote in the Civil District or Ward in which he resides, 
 unless otherwise authorized by law. 
 
 Mr. KEY offered the following resolution, which was read and 
 referred to the Judiciary Committee : 
 
 Resolved, That the Committee on the Judiciary be instructed to 
 report whether any modifications and changes of the present organic 
 law establishing the judicial system of the State are required for the 
 public good, and if so, what changes or system will best secure the 
 ends of justice, and a speedy and impartial trial of causes before, or 
 which may be brought before the Court. 
 
 Mr. BLIZARD offered the following resolutions, which were read 
 and referred to the Committee on the Judiciary : 
 
 Resolved, That the Judges of the Supreme Court, and of the 
 Circuit and Chancery Court, and the Attorney General and Re- 
 porter for the State, and the District Attorneys and Clerks of the 
 Circuit and Chancery Courts shall, after the adoption of this Con- 
 stitution, be elected by the qualified voters of the State of Ten- 
 nessee, in the following manner: 
 
 1st. The Judges of the Supreme Court and Attorney General and 
 Reporter shall be elected by the qualified voters of the State at 
 large. 
 
 2d. The Judges of the Circuit and Chancery Courts shall be 
 elected by the qualified voters of their respective Circuits and Dis- 
 tricts or Divisions. 
 
 3rd. The Clerks of the Circuit, and the Clerks and Masters of the 
 Chancery Courts, shall be elected by the qualified voters of their 
 respective Counties. 
 
 4th. That the Judges of the Supreme Court, and Chancellors and 
 Circuit Judges of this State, shall hold their offices for two years 
 from the date of their qualification, and shall be ineligible to the 
 same office for the second term. 
 
 Mr. BROWN, of Henry, Caroll, Gibson and Madison, offered the 
 following resolution, which was referred to the Committee on Fran- 
 chise : 
 
 Resolved, That Section 1, of Article IV, of the Constitution of 
 
32 
 
 Tennessee be so amended as to read : " Every free white man of 
 the age of twenty-one years, being a citizen of the United States, 
 and a citizen of the County wherein he may offer his vote six 
 months next preceding the day of election, shall be entitled to vote 
 for members of the General Assembly and other civil officers for 
 the County or District in which he resides. Provided, He has paid 
 all poll-taxes legally due from him for the year next preceding that 
 in which he shall oifer his vote." 
 
 Mr. FENTRESS offered the following resolutions, which were read 
 and referred to the Committee on Franchise : 
 
 Resolved, That the white man is and ought to be the controller of 
 the political affairs of the State, and that any attempt to incorporate 
 in the body politic laws compelling or authorizing social or politi- 
 / cal equality of the negro with the white man, being contrary to 
 truth, is dangerous to the peace and prosperity of the Government 
 and the general good, and has a tendency to create estrangement 
 and ill-will between the races. 
 
 Resolved, That no law shall be made authorizing or making legal 
 marriages between the negro and the white race, or authorizing the 
 negro to hold office or sit on juries. 
 
 Mr. BROOKS offered the following resolution, which was referred 
 to the Committee on the Legislative Department : 
 
 Resolved, That the Constitution be so amended as that the mem- 
 bers of the General Assembly shall be elected for a term of four 
 years, and to be restricted to one session of not more than one hun- 
 dred and twenty days in such four years, except in cases of emer- 
 gency, when the Governor shall have power to convene the Legis- 
 lature in special session for a term of not more than thirty days 
 for such special session. 
 
 Mr. BROOKS offered the following resolution, which was re- 
 ferred to the Committee on New Counties and County Lines : 
 
 Resolved, That the Constitution be so amended as to allow new 
 Counties to be formed ; Provided, The same can be done without re- 
 ducing the old Counties out of which the same shall be formed, be- 
 low five hundred square miles ; Provided further, That the line of a 
 new County shall not approach the County seat of any old County 
 nearer than ten miles ; and that three hundred square miles of ter- 
 ritory shall be required to form a new County, and shall contain 
 four hundred qualified voters. Provided further, That the County 
 seat of an old County shall not be moved without the concurrence 
 of two-thirds of both branches of the Legislature. 
 
 Mr. DIBBRELL offered the following resolution, which, under a 
 suspension of the rules, was adopted. 
 
 Resolved, That the Door-keeper be required to purchase a water- 
 
33 
 
 urn for the use of the Hall, and also a letter-box and a delivery- 
 box. 
 
 Mr. FULKERSON offered the following resolution, which was read 
 and referred to the Committee on the Legislative Department : 
 
 Resolved, That no Minister of the Gospel shall cease his work of 
 love and mercy by holding any office whatever in the gift of the 
 people. 
 
 Mr. BURTON offered the following resolution, which was read and 
 referred to the Committee on the Legislative Department : 
 
 Resolved , That every law enacted by the Legislature shall em- 
 brace but one subject or object, and that it shall be distinctly, ex- 
 pressed in its title. No law shall be revised or amended by refer- 
 ence to its title, but in such case the act revised or amended shall be 
 re-enacted and published at length. 
 
 Mr. IVIE offered the following resolution, which was read and re- 
 ferred to the Committee on Franchise : 
 
 /^Resolved, That Section twenty-eight (28)-, Article second (2), be 
 /amended by striking out the word " slave " between the ages of 
 ' twelve and forty years, in the second line. Also by striking out 
 ythe word " white " before the word " poll." 
 
 Mr. DOHERTY offered the following resolution, which was read and 
 referred to the Committee on Finance and Internal Improvements : 
 
 Be it resolved, That the Constitution, .be so -amended that the 
 State shall not be a stock-holder in any enterprise with private per- 
 sons or other corporations. 
 
 Mr. BRANSON offered the following resolution, which was referred 
 to the Committee on Franchise.: 
 
 Resolved, That every free man, of .the. age of twenty-one, being a 
 citizen of the United States, and a citizen of the county wherein he 
 may offer his vote, six months preceding the day of election, shall 
 be entitled to vote fc fbr members of the General Assembly and other 
 civil officers for the County or District in which he may reside. 
 
 Mr. THOMPSON, of Davidson, offered the following amendment- 
 to the Constitution, which were read and referred to the Commit- 
 tee on the Legislative Department : 
 
 Be it resolved. That Section 18, Article II, should be amended 
 by words to the following effect : " No bill shall embrace more 
 than one subject, which shall be clearly expressed in ihe title, and 
 no law shall be revised or amended unless the new act contain the 
 entire act revised, or the section or sections as amended, and .the 
 section or sections so amended shall be repealed. ' 
 3 
 
34 
 
 " If any subject shall be embraced in an act, but not expressed in 
 the title thereof, such act shall be void only as to so much of 
 the subject matter thereof as is not expressed in the title." 
 
 ORDER OF BUSINESS. 
 
 Mr. GIBSON offered the following : 
 
 As soon as the Journal is read and approved, the President shall, 
 through the Clerk, call : 1st, For petitions, memorials and resolu- 
 tions calling the delegates in alphabetical order. 2nd, For re- 
 ports from Standing Committees ; and 3rd, For reports from Special 
 Committees. 
 
 On motion of Mr. GIBSON the rules were suspended and the re- 
 solution adopted. 
 
 AMENDMENT PROPOSED. 
 
 Mr. TAYLOR offered the following resolution, which was read 
 and referred to the Committee on the Executive Department : 
 
 Resolved, That the Committee upon the Executive Department 
 of Government, be instructed and required to report whether or not 
 the Constitution should be so amended as to submit the election of 
 Secretary of State, Treasurer and Comptroller, to a direct vote of 
 the people. 
 
 PRINTING FOR THE CONVENTION. 
 
 Mr. GARNER offered the following resolution : 
 
 Resolved, That a committee of five be appointed to inquire into 
 and report as to the best mode of having such printing done, as 
 either already has or may hereafter be ordered by this body. 
 
 On motion of Mr. GARNER, the rules were suspended and the 
 resolution adopted. 
 
 The President thereupon appointed Messrs. GARNER, HELSKELL, 
 KENNEDY, MABRY and CARTER, as said Committee. 
 \ 
 
 AMENDMENTS PROPOSED. 
 
 Mr. GIBBS offered the following resolutions, which were read and 
 referred to the Committee on New Counties and County Lines : 
 
 Resolved, That Section 4 of Article X of the present Constitu- 
 tion be so amended as to read as follows : " New Counties may be 
 established by the Legislature, to consist of not less than three hun- 
 dred square miles of territory, and to contain not less than five hun- 
 
S5 
 
 dred qualified voters. No part of a county sliall be taken off to 
 form a new county, or a part thereof, without the consent of a ma- 
 jority of the qualified voters in such part taken off; nor shall such 
 old county be so reduced therefor to less than four hundred square 
 miles: Provided, however. That the present, or any succeeding Le- 
 gislature, may establish a new county out of that portion of Obion 
 County, lying west of low water mark, on the west bank of Reel- 
 foot Lake, with a less territory than three hundred square miles, 
 and less than five hundred qualified voters. 
 
 Mr. DIBBRELL offered the following resolution, which was read 
 and referred to the Committee on Finance and Incorporations : 
 
 Resolved, That the Legislature shall have no power to pass laws 
 chartering towns and cities, or private companies, unless theStft? of 
 Tennessee shall be a stock-holder in said company ; but may, by 
 appropriate legislation, give the various Courts of Record of this 
 State power to grant such charters and incorporations. 
 
 Mr. THOMPSON, of Davidson, offered the following resolution, 
 which was read and referred to the Committee on Franchise : 
 
 Be it resolved, That Section 1 of Article IV of the Constitution 
 be so amended as to omit the word " white ;" and also be amended 
 by adding the following words : " Provided, That no citizen shall 
 be entitled to a vote at a State election who has not paid in full all 
 of his State taxes due on the 1st of January preceding said State 
 election ; and no citizen shall be entitled to vote in a County elec- 
 tion who has not paid in full all of his County taxes due on the 1st 
 of January preceding said County election. 
 
 Mr. SAMPLE offered the following resolutions, which were read 
 and referred to the Committee on Franchise: 
 
 Resolved, That every male person having arrived at the age of 
 twenty-one years, and having not forfeited his right by crime, being 
 a citizen of the United States, and a citizen of the County for six 
 months previous to the day of election, shall be entitled to vote, 
 without regard to race or color. 
 
 Resolved, That no hymenial contract or amalgamation between \ 
 the white and colored race shall ever be countenanced or tolerated 
 by law in the State of Tennessee. 
 
 Mr KENNEDY offered the following resolutions, which were read 
 and referred to the Committee on the Legislative Department : 
 
 Resolved, That the Senate shall be elected for four years, one- 
 half biennially. 
 
 Resolved, That the power of the Legislature to impose taxes 
 ought to be so limited as to prohibit the imposition on property, 
 either real or personal, of any other than an ad valorem tax ; and 
 that in apportioning this tax either for State, County or Municipal 
 
36 
 
 purposes, real estate and all the other visible property of each in- 
 dividual should be valued and taxed at their value: Provided, how- 
 ever, 'That household furniture to the value of five hundred dollars, 
 and farming utensils to the value of five hundred dollars, shall be 
 exempt from taxation. 
 
 Mr. FENTRESS offered the following resolution, which was read 
 and referred to the Committee on Franchise : 
 
 Resolved, That Section 1 of Article IV of the Constitution of 
 Tennessee be so amended as to read, " Every free white man of 
 the ao~e of twenty-one years, being a citizen of the United States, 
 and a citizen of the County wherein he may offer his vote, twelve 
 months next preceding the day of election, shall be entitled to vote 
 for members of the General Assembly and other civil officers for 
 the County or District in which he resides. 
 
 Mr. SAMPLE offered the following resolutions, which were read 
 and referred to the Committee on the Legislative Department : 
 
 Resolved, That the Legislature be limited in their sessions to 
 sixty days, and after that length of time if they continue longer, 
 that they remain on their own expense. At a call session, thirty 
 days, and no longer. 
 
 Resolved, That the 1st Section of the 9th Article be stricken out 
 entirely, and the following be inserted in lieu thereof: " That Min- 
 isters of the Gospel, if elected by the qualified voters of their 
 County or District in which they may reside, shall be admitted to 
 take a seat in either House of the Legislature as a member of the 
 same. 
 
 Resolved, That the following words be added in 2nd Section, 
 9th Article, after the words, " No person denying the existence of 
 a God," shall be added, " or the divinity of Jesus Christ, or a 
 future state of rewards and punishment," etc. 
 
 Mr. HOUSE, of )Villiamson, offered the following resolution, 
 which was read and referred to the Committee on the Legislative 
 Department : 
 
 Resolved, That Section 2 of Article V be so amended as to read 
 as follows : " That the Senate shall have sole power to try impeach- 
 ments. When sitting for that purpose the members shall be upon 
 oath or affirmation, and shall be presided over by one of the Judges 
 of the Supreme Court, selected for that purpose by viva voce vote of 
 the Senate, and no person shall be convicted without the concur- 
 rence of two-thirds of the Senate, sworn to try the officer im- 
 peached. 
 
 Mr. THOMPSON, of Davidson, offered the following resolution, 
 which was referred to the Committee on the Judicial Department : 
 
37 
 
 Be it resolved, That Section 13 of Article VI of the Constitution 
 be amended by words to the following effect : " Every Clerk of a 
 Court of Record shall be appointed by the Judge or Judges thereof, 
 to hold office for a term of six years. But all Clerks who are in 
 office, or elected to office at the date of the organization of the Gov- 
 ment under the new Constitution, shall be entitled to hold their of- 
 fices respectively until the full end and term of the period for 
 which they are so elected, 
 
 Mr. MORRIS offered the following resolution, which was referred 
 to the Committee on the Judiciary : 
 
 Resolved, That the Constitution be so amended as to make the 
 Clerks and Masters of the Chancery Courts elective by the people 
 at the same time and for the same length of time as the Chancel- 
 lors ; that the Clerks of the Circuit Courts be elected by the people 
 at the same time and for the same length of time as the Judges of 
 the Circuit Courts. 
 
 Mr. BROWN, of Davidson, offered the following resolution, which 
 was read and referred to the Committee on the Judiciary : 
 
 Resolved, That Section 2 of Article VI shall be so amended as 
 to read : " The Supreme Court shall be composed of six Judges, 
 two of whom shall reside in each of the Grand Divisions of the 
 State ; they shall be nominated by the Governor to the Senate, and 
 by that body confirmed, and such confirmation shall require two- 
 thirds of all the Senators elect ; and if, upon three successive nomi- 
 nations, the Senate should fail to concur, thereupon the Governor 
 shall issue his proclamation, fixing a day for an election by the peo- 
 ple, to be conducted as now provided by law. When said Judges 
 are so elected, they shall be commissioned and qualified as at pre- 
 sent. Three of said Judges shall be assigned to try cases upon the 
 Law Docket, and three, cases upon the Chancery Docket. 
 
 The jurisdiction of this Court shall be appellate only, as at pre- 
 sent: Provided, It shall have original jurisdiction to hear and de- 
 termine all questions involving merely the constitutionality of any 
 act of the General Assembly. Also, all questions touching the of- 
 ficial duty or powers of any officer of the State Government. Such 
 cases shall be presented by petition under such rules and regulations 
 as may be prescribed by the Court so as to insure a speedy trial, and 
 when exercising such original jurisdiction, all of said Judges shall 
 preside upon the trial ; and in case of a tie, notice shall be given to 
 the Governor, who shall appoint some one learned in the law, to sit 
 with the other Judges to hear and determine the question. The 
 -alaries of the Judges shall be as prescribed by law, and the Court 
 shall be held at one place only in each of the Grand Divisions of 
 the State. 
 
38 
 
 Mr. IVIE offered the following resolution, which was read and 
 referred to the Committee on the Legislative Department : 
 
 Resolved, That Section 23 of Article II of the present Constitu- 
 tion shall be so altered and amended as to read as follows : 
 
 " The sum of four dollars per day, and four dollars for every 
 twenty-four miles traveling to and from the seat of Government, 
 shall be allowed to the members of the First General Assembly as 
 a compensation for their services. The compensation of the mem- 
 bers of the succeeding Legislature shall be ascertained by law, but 
 in no case shall the per diem compensation for any one session ex- 
 ceed the sum of three hundred and sixty dollars ($360 00), which 
 shall be paid in such funds as the Collectors of Revenue are author- 
 ized by law to receive in payment of the State taxes. But no law 
 increasing the compensation of members shall take effect until the 
 commencement of the next regular session after such law shall have 
 been enacted. 
 
 REPORT ON RULES. 
 
 Mr. CAMPBELL from the Committee appointed to draft rules and 
 regulations for the Convention, reported the following, to-wit : 
 
 1st. Touching the duties of the President. 
 
 He shall take the Chair every day at the hour to which the Con- 
 vention shall have adjourned on the preceding day; he shall im- 
 mediately call the members to order, and, on the appearance of two- 
 thirds of the members, shall cause the Journal of the preceding day 
 to be read ; he shall preserve decorum and order ; may speak to 
 points of order, in preference to other members, rising from his seat 
 for that purpose ; and shall decide questions of order, subject to an 
 appeal to the Convention by any two members ; he shall rise to put 
 a question, but may state it sitting; questions shall be distinctly 
 put in this form, to-wit : '' As many as are of opinion that (as the 
 question may be) say aye," and after the affirmative voice is ex- 
 pressed, " as many as are of a contrary opinion, say no." If the 
 President doubts, or a division be called for, the Convention shall 
 decide ; those in the affirmative of the question shall first rise from 
 their seats, and afterwards those in the negative. All Committees 
 shall be appointed by the President, unless otherwise directed by 
 the Convention, in which case they shall be appointed by ballot, 
 and if upon such ballot the number required shall not be elected by 
 a majority of votes given, the Convention shall proceed to a second 
 ballot, in which a plurality of votes shall prevail; and in case a 
 greater number than is required to compose or to complete the 
 Committee, shall have an equal number of votes, the Convention 
 shall proceed to a fourth ballot or ballots. In all cases of bal- 
 lot by the Convention, the President shall vote. All acts, ad- 
 
39 
 
 drosses and resolutions shall be signed by the President, and all 
 writs, warrants or subpoenas, issued by order of the Convention, 
 shall be under his hand and seal, attested by the Secretary. In case 
 of any disturbance or disorderly conduct in the lobby, the President, 
 or Chairman of the Committee of the whole Convention, shall have 
 power to order the same to be cleared. Stenographers shall be ad- 
 mitted, and the President shall assign such places to them on the 
 floor as shall not interfere with the convenience of the Conven- 
 tion. 
 
 2nd. Of decorum in debate. 
 
 When any member is about to speak in debate, or to deliver any 
 matter to the Convention, he shall rise from his seat uncovered, 
 and respectfully address himself to " Mr. President," or " Mr. 
 Chairman/ 7 (as the case may be) and await the notice of the Pre- 
 sident or Chairman, and shall confine himself to the question under 
 debate, and avoid disrespectful personalities. If any member, 
 when speaking or otherwise, transgress the rules of the Convention, 
 the President shall, or any !member, may call to order, in which case 
 the member so called to order shall immediately sit down, unless per- 
 mitted to explain ; and the Convention shall, if appealed to, decide on 
 the case, but without debate ; if there be no appeal, the decision of the 
 Chair shall be submitted to. If the decision shall be in favor of 
 the person called to order, he shall be at liberty to proceed ; if other- 
 wise, and the case require it, he shall be liable to the censure of the 
 Convention. When two or more persons happen to rise at once, the 
 President shall name the person who is to speak. No member shall 
 speak more than twice on the same question without leave of the 
 Convention, nor more than once until every member choosing to 
 speak shall have spoken. Whilst the President is putting any ques- 
 tion or addressing the Convention, no one shall walk out of or across 
 the House ; nor whilst a member is speaking, shall any one enter- 
 tain private discourse ; nor whilst a member is speaking, shall any 
 one pass between him and the Chair. Every member who shall be 
 in the Convention when a question is put, shall give his vote, un- 
 less the Convention, for special reasons, shall excuse him. 
 
 When a motion is made and seconded, it shall be stated by the 
 President ; or being in writing, it shall be handed to the Chair, and 
 read aloud by the Secretary before it is debated. 
 
 Every motion shall be reduced to writing if the President or any 
 member desire it. 
 
 After a motion is stated by the President, or read by the Secre- 
 tary,, it shall be deemed to be in possession of the Convention, but 
 may be withdrawn at any time before a decision or amendment. 
 
 When a question is under debate no motion shall be received, 
 unless to amend it, to commit it, or for the previous question ; to 
 postpone to a day certain, or to lay on the table, or to adjourn. 
 
40 
 
 A motion to adjourn shall always be in order, and shall be de- 
 cided without debate. 
 
 When a question made once and carried in the affirmative or 
 negative, it shall be in order for any member of the majority to 
 move for the reconsideration thereof. 
 
 The Convention shall have the power to compel the attendance 
 of absent members. 
 
 No member shall absent himself from the service of the Conven- 
 tion, unless he has leave, or be sick and unable to attend. 
 
 The first member named on a Committee shall be Chairman of 
 the same. 
 
 The Convention may be resolved into a Committee of the Whole 
 for the discussion of any question that may be pending before the 
 Convention. 
 
 The Convention, at all times, shall be considered in session when 
 the President takes the Chair, and the roll shall not be called unless 
 on application of a member. 
 
 The previous question shall be in this form : " Shall the main 
 question now be put ?" and may be demanded by any member if 
 seconded ; and if sustained by a majority, shall prevail; and, until 
 it is decided, shall preclude all amendment and further debate of 
 the main question. 
 
 The unfinished business in which the Convention was engaged at 
 the last preceding adjournment, shall have preference in the orders 
 of the day ; and no motion on any other business shall be received, 
 without special leave of the Convention, until the former is dis- 
 posed of. 
 
 ; On a motion made and seconded a call of the Convention shall 
 be had. 
 
 No member shall vote on any question touching his own conduct 
 in, or rights and privileges, as a member of this Convention. 
 
 The Secretary shall not suffer any records or papers to be taken 
 from the table, or out of his custody, by any member or any other 
 person, without leave of the Convention. 
 
 It shall be a standing rule of the Convention that the President 
 be authorised to call any member of the Convention to occupy the 
 Chair, and exercise the functions of President until he may resume 
 the Chair ; .with this proviso, that the power given by this rule 
 shall not be construed to confer on the President a right to place 
 any member in the Chair for a longer period than one day. 
 
 Upon the motion of any member, if seconded, the ayes and noes 
 may be called for and spread upon the Journal. Any person voting 
 in the negative of any proposition, shall have the right of entering 
 his protest and reasons for such vote upon the Journal, provided he 
 shall use no disrespectful personalities, in such protest, against any 
 member of this Convention. After the question is put and the 
 affirmative vote taken, there shall be no further debate. 
 
41 
 
 The preceding rules shall be observed in Committee of the Whole, 
 so far as they are applicable, except that part of the rule which 
 restricts members from speaking more than twice upon the same 
 question, and except the rule in regard to the previous question. 
 
 All resolutions shall lie on the table for one day for consideration, 
 unless in special cases when the Covention shall think proper to 
 suspend the rule. 
 
 All of which is respectfully submitted 
 
 ALEX. W. CAMPBELL, 
 
 Chairman. 
 
 On motion of Mr. CAMPBELL the rules reported by the commit- 
 tee were adopted, and one hundred copies ordered to be printed for 
 the use of the Convention. 
 
 Mr. JONES, of Lincoln, moved to reconsider the vote ordering 
 one hundred copies to be printed, which motion was rejected. 
 
 STANDING COMMITTEES. 
 
 The President announced the following as the Standing Commit- 
 tees of the Convention : 
 
 COMMITTEE ON THE BILL OF EIGHTS. 
 
 JOHN BAXTEK. 
 
 R, P. BEOOKS, 
 
 JOSEPH H. BLACKBURN, 
 
 WM. B. CAETEE, 
 
 W. F. DOHEETY, 
 
 GEO. C. POETEE, of Haywood, 
 
 MATT. MAETIN, 
 
 M. McNABB, 
 
 T. C. MOEEIS, 
 
 WM. SAMPLE, 
 
 JOHN M. TAYLOR, 
 
 COMMITTEE ON THE LEGISLATIVE DEPARTMENT. 
 
 W. H. STEPHENS, 
 
 JAMES S. BEOWN, of Henry, 
 
 NATHAN BEANDON, 
 
 JAMES BEITTON, 
 
 H. R. GIBSON, 
 
 RICHAED HENDEESON, 
 
 N. S. BEOWN, of Davidson, 
 
 T. B. IVIE, 
 
 GEO. W. JONES, of Lincoln, 
 
 E. H. SHELTON, 
 
 W. Y. THOMPSON, ol Maury. 
 
42 
 
 COMMITTEE ON THE EXECUTIVE DEPARTMENT. 
 
 GEORGE W. JONES, of Lincoln. 
 
 JOHN ALLEN, 
 
 JAS. W. BRANSON, 
 
 JOHN E. DROMGOOLE, 
 
 W. H. FINLEY, 
 
 A. T. FEILDER, 
 
 H. L. W. HILL, of Warren, 
 
 J. C. PARKER, 
 
 S. G. SHEPARD, 
 
 EICHARD WARNER, JR., 
 
 W. M. WRIGHT. 
 
 COMMITTEE ON THE JUDICIARY DEPARTMENT 
 
 J. B. HEISKELL, 
 
 JOHN BAXTER, 
 
 JOHN W. BURTON, 
 
 ALEXANDER W. CAMPBELL, 
 
 JOHN F. HOUSE, of Montgomery, 
 
 THOMAS M. JONES, of Giles, 
 
 A. O. P. NICHOLSON, 
 
 JOHN NETHERLAND, 
 
 JAMES D. PORTER, JR., of Henry. 
 
 JNO. C. THOMPSON, of Davidson, 
 
 W. B. STALEY, 
 
 COMMITTEE ON ELECTIONS AND RIGHT OF SUFFRAGE 
 
 A. O. P. NICHOLSON, 
 
 H. R. BATE, 
 
 NEIL S. BROWN, of Davidson, 
 
 WARREN CUMMINGS, 
 
 W. V. DEADERICK, 
 
 JAMES FENTRESS, 
 
 SPARREL HILL, of Gibson, 
 
 BOLLING GORDON, 
 
 A. A. KYLE, 
 
 D. M. KEY, 
 
 W. H. WILLIAMSON. 
 
 COMMITTEE ON FINANCE, INTERNAL IMPOVEMENTS AND CORPO- 
 RATIONS. 
 
 JOHN A. GARDNER, 
 JESSE ARLEDGE, 
 
43 
 
 A. BLIZARD, 
 
 JAMES A. COFFIN, 
 
 GEO. G. DIBBRELL, 
 
 SAMUEL S. HOUSE, of Williamson, 
 
 D. N. KENNEDY, 
 
 JOSEPH A. MABRY, 
 
 A. G. McDouoAL, 
 
 GEORGE E. SEAY, 
 
 W. H. STEPHENS. 
 
 COMMITTEE ON MISCELLANEOUS SUBJECTS. 
 
 JAMES J. TURNER, 
 WM. BYRNE, 
 T. M. BURKETT, 
 Z. R. CHOWNING, 
 T. D. DEAVENPORT, 
 S. P. GAUT, 
 CHAS. N. GIBBS, 
 JOHN E. GARNER, 
 
 S. J. KlRKPATRICK, 
 P. G. FULKERSON, 
 
 G. W. WALTERS. 
 
 AMENDMENTS PROPSED. 
 
 Mr. TURNER offered the following amendments to the Constitu- 
 tion, which were read and referred to the Committee on the Judi- 
 cial Department. 
 
 Resolved, That Art. VI, Sec. 2 of the Constitution be amended as 
 follows, viz : by striking out the first sentence and inserting in lieu 
 of the same : 
 
 The Supreme Court shall be composed of six judges, two of whom 
 shall reside in each of the grand Divisions of the State. 
 
 Said Court shall meet at least once each year in each grand Divi- 
 sion of the State. And three of them shall hear and determine all 
 questions coming up from the Chancery Courts, and the other three 
 shall hear and determine all causes coming up from other than the 
 Chancery Courts. 
 
 The concurrence of two of the judges trying the cause, shall in 
 every case be necessary to a decision. 
 
 The three judges trying the cause may, in writing, ask the other 
 branch of tl.e Court to sit with them on questions of great and 
 general importance, and in such cases a majority of the Court shall 
 determine them. 
 
 The Governor, with the concurrence of the Senate, shall de- 
 signate the judges composing each Court. 
 
44 
 
 The said Courts shall sit at the same time and place, and an 
 election shall be held on the first Saturday of May, 1870, to supply 
 the number of judges required by this section. 
 
 Mr. HOUSE, of Williamson, offered the following resolution 
 which was referred to the Committee on the Legislative Department : 
 
 Resolved, That the General Assembly shall have no power to 
 make or change election precincts ; nor to establish bridges or 
 ferries ; nor to change names, or legitimate children ; but it shall 
 prescribe by law the manner in which said powers shall be exercis- 
 ed by the Courts. 
 
 Mr. MORRIS, offered the following resolution, which was referred 
 to the Committee on the Legislative Department : 
 
 Resolved, That the Constitution of the State, be so amended that 
 there shall be but one regular session of the General Assembly in 
 three (3) years, with power to the Governor to convene them in 
 extra session when necessary; that the members be allowed per 
 diem, at the regular session for not exceeding one hundred (100) 
 days ; and in extra session not exceeding (30) thirty days. 
 
 Mr. WARNER offered the following resolution, which was re- 
 ferred to the Committee on the Legislative Department : 
 
 Resolved, That Article II, Section 19, of the Constitution of Ten- 
 nessee be so amended as to allow the words " after being consid- 
 ered and acted upon by both Houses, or in each House/' to be in- 
 serted between the words " rejected " and " no." 
 
 Mr. MARTIN offered the following, which was referred to the 
 Committee on Miscellaneous Provisions : 
 
 Resolved, That no member of the Legislature, or Executive, or 
 Judicial Officer of this State, shall receive while in office, either 
 directly or indirectly, any gift, gratuity, fee or reward from any 
 person or corporation. 
 
 LIST OF MEMBERS. 
 
 Mr. GARNER offered the following resolution : 
 
 Resolved, That the Principal Doorkeeper be directed to make out 
 and have printed for the use of the Convention 300 copies of an ac- 
 curate statement of the name, age, occupation, postoffice, place of 
 nativity, and whether married or single, of the officers and dele- 
 gates of this Convention. 
 
 On motion of Mr. GIBSON, the resolution was laid on the table. 
 
 AMENDMENTS PROPOSED. 
 
 Mr. IVIE offered the following, which was referred to the Com- 
 mittee on the Legislative Department : 
 
45 
 
 Resolved, That Section 7 Article II of the present Constitution 
 be amended by adding : " Pro vided further, That the Legislature 
 shall not grant charters of incorporation to any corporation of a 
 local or private character," 
 
 Mr. THOMPSON, of Davidson, offered the following, which was 
 referred to the Committee on Finance : 
 
 Be it resolved, That it is expedient and for the honor of the State 
 that due and unpaid coupons of bonds of the State of Tennnessee, 
 issued prior to May, 1861, shall be receivable in payment of all State 
 taxes ; and that due and unpaid coupons of the bonds of any County 
 of this State, issued prior to the month of May, 1861, shall be re- 
 ceivable in payment of all County taxes of such County. 
 
 Mr. THOMPSON, of Davidson, offered the following, which was 
 referred to the Committee on the Judiciary : 
 
 Be it resolved, That Section 1, of Article VII, be amended by 
 words to the following effect: There shall be elected for each 
 County, by the Justices thereof, one Clerk, one Sheriff, one Tax 
 Collector, one Register, one Coroner, and one Ranger, who shall 
 hold office respectively for two years, or until their successors are 
 appointed. The Clerk, the Register, the Sheriff and the Tax Col- 
 lector to be respectively appointed at different terms of the Quar- 
 terly Court ; but every person holding or elected to one of said 
 County offices, at the date of the organization of the government 
 under the new Constitution, shall be entitled to hold their offices 
 respectively until the full end and term of the period for which they 
 are so elected. 
 
 Mr. BROWN, of Davidson, offered the following amendments, 
 which were referred to the Committee on Finance : 
 
 To Section 6 of Article 11, add: "But the Legislature shall 
 have power to pass laws establishing conventional interest, and 
 within the limits therein prescribed, contracts shall be binding." 
 
 New Section 13, Article XI : The faith of the State is hereby 
 pledged for the redemption of all of its obligations, and shall 
 forever remain inviolate* And the General Assembly is required, 
 without delay, to take such steps, and to adopt such measures, as 
 may be necessary and adequate to meet the interest on the public 
 debt, and to discharge the debt itself as fast as it matures. 
 
 Strike out Section 31 in Article II, and insert : " That the Gene- 
 ral Assembly shall have power to provide by law that all voters 
 shall be required to vote within the Civil Districts or Wards in 
 which they reside ; and shall have power also to pass laws to pro- 
 tect all voters in the free exercise of their choice. 
 
 That the following sentence in Section 28, Article II, be stricken 
 out, viz : But the Legislature shall have power to tax merchants, 
 peddlers and privileges, in such manner as they may from time to 
 
30 
 
 Tu 
 
 46 
 
 time direct, and insert : But the Legislature shall have power to 
 require all persons who buy and sell as a vocation to take out a 
 license, for which they shall pay a sum not exceeding one per cent, 
 proportion of the taxes assessed on their capital for the current year. 
 
 FINANCE, ETC. 
 
 Section 7, Article II., strike out the following, viz : 
 
 Provided, always, the Legislature shall have power to grant such 
 charters of incorporation as they may deem expedient for the public 
 good, and insert: and shall have no power to grant charters of in- 
 corporation, either municipal or private, but may pass laws author- 
 izing the Chancery, Circuit, or County Courts to grant all such 
 charters, under such rules and regulations as are, or may be pre- 
 
 ribed by law ; Provided, that no municipal corporations or coun- 
 les shall be authorized to create any debt without an adequate levy 
 of taxes to meet the same, except by a vote of two thirds of all the 
 voters of such corporation or county, counting by the last preceding 
 Gubernatorial election. 
 
 Mr. HOUSE, of Williamson, offered the following resolution, 
 which was referred to the Committee on the Legislative Department: 
 
 Resolved, That no law or section of the Code shall be amended 
 or repealed by mere reference to its title, or to the number of the 
 section in the Code, but the amending or repealing act shall distinct- 
 ly and fully describe the law to be amended or repealed, as well as 
 the alteration to be made. 
 
 Mr. GAUT, offered the following resolution which was referred to 
 ,the Committee on the Legislative Department : 
 
 Resolved, That the Committee on the Legislative Department en- 
 quire into and report whether the Legislature should have power to 
 grant any private charters., or pass any act exclusively for private 
 or individual benefit, or relief and also to enquire whether the Leg- 
 islature should invest the Courts of Chancery of this State with the 
 exclusive power under proper application to grant such private 
 charters, privileges and relief. 
 
 On motion, of Mr. GORDON, the Convention adjourned until to- 
 morrow morning at 10 o'clock. 
 
47 
 
 THURSDAY MORNING JANUARY 13, 1870. 
 
 The Convention met pursuant to adjournment, Mr. President 
 BROWN in the Chair. 
 Prayer by the Rev. Mr. FALL. 
 
 AMENDMENTS OF THE RULES. 
 
 , Mr. GIBSON, offered the following which was read and referred 
 to the Committee on Rules : 
 
 Rule No petition or memorial containing language disrespect- 
 ful to this body, or to the State or General Governments, or any 
 department thereof, shall be read if objected to. 
 
 Mr. HOUSE, of Montgomery, offered the following amendments 
 to the Rules which were adopted, and ordered to be printed with the 
 rules for the government of the Convention : 
 
 That the last permanent rule of this Convention be amended by 
 adding the following : 
 
 But this rule shall not apply to resolutions proposing to amend 
 the Constitution, but the same shall be referred at once to the ap- 
 propriate Committee, and the delegate proposing such resolution 
 shall have five minutes, within which to make explanatory remarks. 
 
 Mr. TURNER, offered the following resolution which was referred 
 to the Committee on Rules. 
 
 Resolved, That all petitions and memorials shall be received and 
 read, and referred without debate to the appropriate committee. 
 
 Mr. GARDNER, offered the following resolution, which was read 
 and ordered to be referred to the Committee on Rules. 
 
 Resolved, That a committee of seven be appointed on Petitions, 
 Memorials and Grievances, to whom all petitions and memorials, 
 addressed to this body shall be referred without reading or debate. 
 
 AMENDMENTS PROPOSED. 
 
 Mr. ALLEN, offered the following resolution, which was read and 
 ordered to be referred to the Committee on the Legislative 
 Department : 
 
 Resolved, That the Committee on Corporations be instructed to 
 report an amendment to the Constitution which will forever guaran- 
 
43 
 
 tee to the cities and other incorporated towns, in this State, the 
 right to elect their own municipal officers, including officers of 
 police. 
 
 Mr. ARLEDGE offered" the following, which was read and refer- 
 red : 
 
 Resolved,. That the Committee on Finance, Internal Improve- 
 ments and Corporations, report such changes in the Constitution 
 as will prohibit any further issuance of State bonds.- 
 
 Mr. BRITTON submitted the following resolutions, which were 
 read and referred 4o the Committee on Miscellaneous Provisions : 
 
 Resolved 1st, That we are admonished by the embarrassing con- 
 dition of our own internal affairs, as well as the threatening aspect 
 of the surroundings, that it is a matter of the highest importance 
 to make the work of this Convention harmonious and as expeditions 
 as possible, doing full justice to ourselves, and looking well to the 
 interest of the people of the whole State, white and colored, present 
 and future. 
 
 Resolved 2nd, That in the opinion of this Convention, our pre- 
 sent Constitution is a model Constitution, well adapted to the times 
 for which it was intended, and wisely balancing the independent 
 powers of the co-ordinate departments of the State government,. and 
 was the work of wise, patriotic and good men. 
 
 Resolved 3rd, That this Cenvention, with a high reverence for 
 the work of a noble and patriotic ancestry, and fully appreciating 
 the importance and responsibility of the position in which we have 
 been placed, will proceed to the work assigned us, aided by the re- 
 ports of Standing Committees, and such Special Committees as may 
 hereafter be appointed, by reading the present Constitution in full 
 Convention, article by article, and section by section, and in this 
 way making such amendments, as we proceed, as time and ex- 
 perience have shown to be necessary, with as little disturbance as 
 possible of the symmetry and harmony of our present Constitution, 
 but guided alone by the necessities arising out of the changed con- 
 dition of our affairs. 
 
 Mr. BROOKS offered the following resolution, which was read and 
 referred to the Committee on the Legislative Department .- 
 
 Resolved, That the Constitution -be so amended as to limit the 
 Legislature to one thousand dollars as appropriation for internal 
 improvement by the State, and all appropriations over one thousand 
 dollars shall be void until ratified by a majority of the qualified 
 voters of the State of Tennessee. 
 
 Mr. BURTON offered the following, which was read and referred 
 to the Committee on the Judicial Department; 
 
49 
 
 Pesolred, That Article VI, Section 2, of the Constitution bo 
 amended so as to read as follows: "The Supreme Court shall be 
 composed of five Judges, one of whom shall reside in and be 
 elected by the qualified voters of each of the three grand divisions 
 of the State, the remaining two to be nominated by the Governor 
 from the State at large, and confirmed by the Senate." 
 
 Mr. BURTON offered the following, which was read and referred : 
 
 Resolved, That it be referred to the Committee on the Bill of 
 Rights to report upon the propriety of the following amendment, 
 to- wit : 
 
 " That no person shall be held to answer for a capital crime, or 
 crime above the grade of petit larceny, unless on a presentment or 
 indictment of a Grand Jury, except in cases of impeachment or 
 military trials, otherwise provided for in the Constitution. The 
 Legislature shall pass no laws making the stealing of more than 
 $50 personalty petit larceny." 
 
 JOHN H. MEEKS, delegate elect from the county of McNairy, 
 appeared, presented his credentials, was sworn and took his seat as 
 a member of this Convention. 
 
 COMMITTEE ON NEW COUNTIES, ETC. 
 
 The President announced the following gentlemen to constitute 
 the Committee on New Counties and County Lines : Messrs. SEAY, 
 COFFIN, DEADERICK, WARNER, JONES, of Giles, GIBBS, and 
 TAYLOR. 
 
 AMENDMENTS PROPOSED. 
 
 Mr. DTBBRELL, submitted the following resolution, which was 
 referred to the Committee on New Counties and County Lines. 
 
 Resolved, That the last clause of Section 4, Article X of the 
 Constitution, which says : " That the counties of Marion and Bled- 
 soe shall not be reduced below one thousand qualified voters each, 
 in forming a new county or counties," be stricken out of the Con- 
 stitution. 
 
 Mr. DEAVENPORT, submitted the following resolution, which was 
 read and referred to the Committee on Miscellaneous Subjects: 
 
 Resolved, That the appropriate Committee be instructed to in- 
 quire and report upon the propriety of ordering an election for all 
 Judicial and County officers as soon after the ratification of the 
 New Constitution as practicable. 
 4 
 
50 
 
 Mr. FULKERSON, offered the following, which was read and 
 referred to the Committee on the Legislative Department. 
 
 Resolved, That secret political organizations are dangerous to the 
 liberties of Republican Governments, and the Legislature have 
 power to enact laws to disperse and punish the members of the 
 same. 
 
 Mr. FENTRESS offered the following resolution, which was read 
 and referred to the Committee on the Bill of Rights : 
 
 Resolved, That Section 22 of the Declaration of Rights, be so 
 amended as to read as follows : 
 
 " That no man's particular services shall be demanded, or proper- 
 ty taken, or applied to public use without the consent of his repre- 
 sentative, or without just compensation being made therefor. And 
 as to any property taken for the public use, without the consent of 
 the owner, a just compensation shall be made therefor at the time, 
 or before the said property is so taken." 
 
 AMENDMENT OF THE RULES. 
 
 Mr. KENNEDY submitted the following resolution, which was 
 read and referred to the Committee on Rules : 
 
 That the last of the Rules of this Convention be amended as follows : 
 " All resolutions on which the mover desiring action of the Con- 
 vention shall lie on the table one day for consideration, unless the 
 Convention shall suspend the rule. But resolutions may be refer- 
 red to a committee at the time of presentation. 
 
 Mr. HOUSE, of Davidson, Robertson and Montgomery, submitted 
 the following resolution : 
 
 Resolved, That the rule requiring resolutions to lay on the table 
 one day shall not apply to resolutions proposing amendments to the 
 'Constitution, but the same shall be referred at once to the appro- 
 priate committee, and the delegate proposing such resolution shall 
 have five .minutes within which to make any explanatory remarks 
 he may desire. 
 
 AMENDMENTS PROPOSED. 
 
 Mr. GIBSON submitted the following amendment to the Consti- 
 tution, which was read and referred to the Committee on Finance : 
 
 Article , Section . The Legislature shall not remit or release 
 any pecuniary or other penalty debt, or claim due or accruing to the 
 State, or audit, allow, or direct to be paid, any private claim or ac- 
 count against the State, or pass any special law relative to any 01 
 the foregoing matters. But the Legislature may pass general laws 
 whereunder such penalties, debts or claims due or accruing to the 
 
51 
 
 State may be remitted or released, and may appropriate money to 
 pay these last claims or accounts ; but this section shall not be so 
 construed as to refer to official salaries, or other compensation fixed 
 by law, or to payment for such work or materials as may have been 
 or may hereafter be authorized by law, or to the necessary and in- 
 cidental expenses incurred by the Legislature, or a Constitutional 
 Convention while in session. 
 
 Mr. GIBSON submitted the following amendments to the Consti- 
 tution, which were read and referred to the Committee on Finance : 
 
 Article , Section . The officers of the State Treasury, and all 
 other State officers, shall be liable, on their official bonds for any 
 moneys paid by them in violation of this Constitution ; but the 
 written opinion of the majority of the Judges of the Supreme 
 Court shall be sufficient authority in all doubtful cases. 
 
 Article , Section . The public debt of the State shall never 
 exceed five per centum of the taxable wealth of the State. And no 
 public money shall be voted for any purpose by the Legislature 
 other than to pay or provide for existing liabilities and the ordinary 
 expenses of the State Government, until said debt is reduced to the 
 limit fixed in this section. 
 
 Mr. GIBSON submitted the following amendment to the Constitu- 
 tion, which was read and referred to the Committee on Finance : 
 
 Article , Section . The credit of the State shall never be 
 given or loaned to, or in aid of, any individual, association, or cor- 
 poration ; nor shall the State subscribe for, or purchase shares, stock, 
 or any other interest in any company, or corporation, or other 
 private enterprise. And every act appropriating public money or 
 property for or to any purpose other than to meet the ordinary ex- 
 penses of government and existing liabilities, shall receive a two- 
 thirds vote, and the yeas and nays shall be entered on the journals. 
 
 Mr. GIBSON submitted the following amendment to the Constitu- 
 tion, which was read and referred to the Committee on Finance : 
 
 Article , Section . No extra or increased pay, or compensation, 
 shall be voted, given or allowed by the Legislature to the members 
 or officers thereof, or to any other officer or agent of the State, on 
 any pretence, or in any shape whatever; but the compensation of 
 every officer shall be declared and fixed by law, and shall not in 
 any way be increased, diminished or varied during incumbency. 
 And all compensation shall be paid in such funds as are received at 
 par at the State Treasury. 
 
 Mr. HOUSE, of Davidson, Robertson and Montgomery, submitted 
 the following amendments to the Bill of Rights, which were refer- 
 red to the appropriate Committee: 
 
52 
 
 In the 14th section of the Bill of Rights strikeout the words " shall 
 be put to answer any criminal charge " and insert in lieu thereof 
 the following : " shall be held to answer for a capital or otherwise 
 infamous crime." In said section strike out also the words " free 
 man " and insert in lieu thereof the word " person " so as to make 
 said section read as follows : 
 
 " That no person shall be held to answer for a capital or other- 
 wise infamous crime, but by presentment, indictment, or impeach- 
 ment." 
 
 Mr. KIRKPATRICK offered the following resolution, which was 
 refered to the Committee on the Bill of Rights : 
 
 Resolved, That the 18th section of the Declaration of Rights be 
 stricken out and the following substituted therefor : 
 
 " No person shall be imprisoned for debt." 
 
 Mr. I VIE offered the following resolution, which lies over under 
 
 the rule : 
 
 Resolved, That the President appoint a Special Committee, to 
 consist of one delegate from each Judicial Circuit, who shall report to 
 the Convention what changes, if any, are necessary to be made 
 in the Chancery Divisions and Judicial Circuits of the State, and 
 the counties that shall compose the same. 
 
 Mr. KIRKPATRICK offered the following resolution, which was 
 referred to the Committee on the Legislative Department : 
 
 Resolved , That the General Assembly shall pass laws to protect 
 from execution a reasonable amount of the property of a debtor, 
 not exceeding in value the sum of five hundred dollars. 
 
 Mr. KIRKPATRICK submitted the following resolution, which was 
 read and referred to the Committee on the Legislative Department: 
 
 Resolved, That the rate of interest in this State shall not exceed 
 six per cent, per annum, and no higher rate shall be taken or de- 
 manded, and the Legislature shall provide by law all necessary for- 
 feitures and penalties against usury. 
 
 Mr. KIRKPATRICK submitted the following preamble and resolu- 
 tions, which were read and referred to the Committee on Miscella- 
 neous Provisions. 
 
 WHEREAS, A general diffusion of knowledge being essential to 
 the preservation of the rights and liberties of the people, inasmuch 
 as an enlightened public opinion is the only conservative power in 
 which we can confide for the protection of our Republican institutions, 
 against fraud, intrigue, corruption and violence: And, Whereas, 
 it is an object of cardinal solicitude with this Convention to pro- 
 vide for the maintenance within the reach of every child in this 
 State, the means of such an education as will qualify him to dis- 
 charge the duties of a citizen of the Republic : Therefore be it 
 
53 
 
 Resolved, That the Committee on Miscellaneous Provisions be 
 instructed to inquire into the expediency of providing for the estab- 
 lishment of a uniform system of free public schools for the benefit of 
 the children of the State between the ages of 5 and 21 years, to be 
 maintained by taxation or otherwise. 
 
 Mr. MABRY submitted the following preamble and resolution, 
 which were read and referred to the Committee on Finance : 
 
 WHEREAS, The people of Tennessee are in no condition to be 
 taxed to pay illegal and unjust obligations : Therefore, be it 
 
 Resolved, That the Committee on Finance, Internal Improve- 
 ments and Corporations take into consideration and report to this 
 body whether it is properly within the province of this body to en- 
 quire and determine which are the legal and which are the illegal 
 obligations of the State. 
 
 Mr. PORTER, of Haywood, submitted the following amendments 
 to the Constitution of the State, which were read and referred to the 
 Committee on Executive Department : 
 
 Addenda to the resolution of Mr. HOUSE granting veto power to 
 the Governor. 
 
 That after the clause : " Every bill which may pass both Houses 
 of the General Assembly, shall before it becomes a law, be present- 
 ed to the Governor for his signature " shall be inserted the follow- 
 ing clause : " If he approve he shall sign and deposit it in the office 
 of the Secretary of State for preservation, and notify the House, 
 where it originated, of the fact, and the same shall become a law ; " 
 and then continue as in resolution. The whole to conclude with the 
 following clause : " The Governor may approve, sign and file in the 
 office of Secretary of State, within five days after the adjournment 
 of the Legislature, any act passed during the last five days of the 
 session, and the same shall become a law." 
 
 Mr. PORTER, of Haywood, submitted the following resolution, 
 which was read and referred to the Committee on the Legislative 
 Department : 
 
 Resolved, That the appointment of Secretary of State be vested 
 alone in the Governor, subject to the approval and ratification of 
 the Senate. 
 
 Mr. PARKER submitted the following resolution, which was read 
 and referred to the Committee on Miscellaneous Provisions: 
 
 Resolved, That the County Surveyors be elected by the qualified 
 voters of their respective counties, and the time, place and manner 
 of their election, and term of office be the same as Circuit and 
 County Court Clerks. 
 
54 
 
 Mr. PARKER submitted the following amendment to the Consti- 
 tution, which was read and referred to the Committee on the Leg- 
 islative Department : 
 
 Resolved, That Sec. 8, of Art. 1st, of the amendment to the 
 Constitution, adopted February 22d, 1865, be so changed as to allow 
 the counties of Scott and Morgan to send one member to the House 
 of Representatives; and the counties of Fentress and Cumberland 
 one Representative. 
 
 Mr. PARKER offered the following amendment, which was read 
 and referred to the Committee on Miscellaneous Provisions : 
 
 Article , Section . In all elections by the people, and also by 
 the Senate and House of Representatives, jointly or separately, the 
 votes shall be personally and publicly given, viva voce. 
 
 Mr. SEAT offered the following resolution, which was read and 
 referred to the Committee on the Legislative Department : 
 
 Resolved, That the Committee on the Legislative Department in- 
 quire into the propriety of so amending Sec. 29 of Art. II of the 
 Constitution, as to empower the General Assembly to authorize any 
 one, or more civil districts of a county or counties in this State, to 
 impose taxes for corporation or other purposes, in snch manner as 
 may be prescribed by law. All property to be taxed according to 
 its value, upon the principles established in regard to State taxation. 
 
 Mr. SHEPARD submitted the following resolution, which was read 
 and referred to the Committee on Franchise : 
 
 Resolved, That the right of suffrage is a fundamental right, and 
 it is the opinion of the delegates of this Convention that they can- 
 not delegate to the General Assembly any power to legislate upon 
 the subject. 
 
 Mr. STEPHENS, offered the following resolution, which was read 
 and referred to the Committee on Franchise : 
 
 Resolved, That the Committee on Elections and the Right of 
 Suffrage be instructed to report the Article touching the question of 
 suffrage by colored persons, in such a form that it may be conve- 
 niently submitted to the people of the State, to be voted on as an 
 independent proposition, separate and apart from all others. 
 
 Mr. THOMPSON, of Maury, submitted the following resolution, 
 which was read and referred to the Committee on the Judiciary : 
 
 Resolved, That the Judiciary Committee be requested to inquire 
 into and report as to the propriety of providing, by Constitutional 
 provision, for the prohibition of the exercise by any Judge of this 
 State of judicial authority, both civil and criminal, and requiring 
 
55 
 
 the Legislature to provide for the election or appointment of a suit- 
 able number of Criminal Judges for this State. 
 
 Mr. TAYLOR offered the following resolution : 
 
 Be it resolved, That the credit of this State shall never be given 
 or loaned in aid of any person, association, municipality or corpora- 
 tion. That this be referred to the Committee on tne Legislative 
 Department. 
 
 Mr. TURNER offered the following resolution, which was read 
 and referred to the Committee on the Legislative Department : 
 
 Resolved, That Article II, Section 18 of the Constitution, be 
 amended by adding after the word " Speakers/' " Nor until the 
 same has been signed by the Executive. If the Executive shall re- 
 fuse to sign the same, he shall, in two days, return the bill to the 
 House in which it originated, with his reasons for refusing to sign 
 it. The bill may then become a law ; Provided, a majority of all 
 the members of each House shall vote for it." 
 
 Mr. TURNER offered the following resolution, which was read 
 and referred to the Committee on the Legislative Department : 
 
 Resolved. That Senators hereafter shall be elected for the term of 
 four years. 'That upon the meeting of the Legislature on the first 
 Monday of October, 1871, the Senators elect shall draw lots for the 
 long and short terms. The members drawing the short terms shall 
 serve for two years, and those drawing the long term shall serve for 
 four years. At each biennial election alter the next general elec- 
 tion for members of the Legislature, no election shall be held for 
 Senators except in cases of vacancies." 
 
 Mr. WARNER submitted the following amendments to the Con- 
 stitution, which were read and referred to the Committee on the 
 Legislative Department : 
 
 Resolved, That Article III, Section 9, of the Constitution of the 
 State of Tennessee, be so amended as to strike out the words " and 
 shall state to them when assembled, the purposes for which they 
 shall have been convened," and insert in their stead the following 
 words : " And shall state to them specifically, in the proclamation 
 calling them together, the purposes for which they are to convene." 
 
 Resolved, That Article III, Section 16, of the Constitution of 
 the State of Tennessee, be so amended as to add the following words 
 after the word " Governor," " in person." 
 
 REPORT ON PRINTING. 
 
 Mr. GARNER, from the Committee on Printing, made the follow- 
 ing report : 
 
56 
 
 The Committee on Printing have directed me to report that they 
 find that the Public Printers for this State, Messrs. JONES, PURVIS 
 & Co., (proprietors of the Union and American and of the Repub- 
 lican Banner) are prepared to do such printing as this body may 
 order, with neatness and dispatch, and upon the terms now pre- 
 scribed by law. 
 
 Your Committee request further time in which to make report as 
 to the printing of such number of copies of the Journal of the 
 proceedings of this Convention as may be ordered, and recommend 
 the passage of the following resolution, viz : 
 
 Resolved, That the Secretary of this Convention procure to be 
 printed by JONES, PURVIS & Co., on the terms prescribed by law, 
 such job printing as has or may be ordered by this body, and 
 that the Committee on Printing be allowed time in which to make 
 further report as to the printing of the Journal of the proceedings 
 of this body. 
 
 Respectfully submitted, 
 
 JOHN E. GARNER, 
 
 Chairman, 
 
 Which report was received, and the resolution adopted. 
 
 REPORT ON CREDENTIALS, 
 
 Mr. HOUSE, of Williamson, from the Committee on Credentials, 
 made the following report, which was received, adopted, and 
 ordered to be spread on the minutes : 
 
 The Committee on Credentials respectfully report that they have 
 examined the credentials of the following-named persons, and find 
 them to be entitled to seats as members of this Convention, to-wit : 
 
 From the County of Bedford THOMPSON BAKER IVIE. 
 From the County of Blount WM. HENDERSON FINLEY, 
 From the County of Bradley SIMEON PERRY GAUT. 
 From the County of Cannon WARREN CUMMINGS. 
 From the County of Carroll WM. MOORE WRIGHT. 
 From the County of Claiborne PETER GRAHAM FULKERSON. 
 From the County of Cocke MALCOLM McNABB. 
 From the County of Davidson NEIL SMITH BROWN, and JOHN 
 CLAIBORNE THOMPSON. 
 
 From the County of Dickson THOMAS CARTER MORRIS. 
 From the County of DeKalb JOSEPH HAYES BLACKBURN. 
 From the County of Fayette EDWIN HENRY SHELTON. 
 From the County of Franklin JESSE ARLEDGE. 
 From the County of Gibson SPARREL HILL. 
 
57 
 
 From the County of Giles THOMAS MckissiCK JONES. 
 From the County of Grainger JAMES WESLEY BRANSON. 
 From the County of Greene JAMES BRITTON. 
 From the County of Hamilton RICHARD HENDERSON. 
 From the County of Hardeman JAMES FENTRESS. 
 From the County of Hardin ARCHIBALD GARRETT McDouGAL. 
 From the County of Hawkins JOHN NETHERLAND. 
 From the County of Hay wood GEORGE CAMP PORTER. 
 From the County of Henderson JOHN MAY TAYLOR. 
 From the County of Henry JAMES DAVIS PORTER, JR. 
 From the County of Hickman BOLLING GORDON. 
 From the County of Jackson RICHARD PRICE BROOKS. 
 From the County of Jefferson WILLIAM SAMPLE. 
 From the County of Knox JOHN BAXTER. 
 From the County of Lawrence THOS. DANIEL DEAVENPORT. 
 From the County of Lincoln GEORGE WASHINGTON JONES. 
 From the County of Madison ALEXANDER WM. CAMPBELL. 
 From the County of Marion WILLIAM BYRNE. 
 From the County of Marshall RICHARD WARNER, JR. 
 From the County of Maury WILLIAM VANCE THOMPSON. 
 From the County of McNairy JOHN HENDERSON MEEKS. 
 From the County of McMinn ARCHIBALD BLIZARD. 
 From the County of Monroe JAMES AYER COFFIN. 
 From the County of Montgomery DAVID NEWTON KENNEDY. 
 From the County of Obion CHAS. NICHOLAS GIBBS. 
 From the -County of Overton ZACH. ROBINSON CHOWNING. 
 From the County of Roane WILLIAM BROWN STALEY. 
 From the County of Robertson JOHN EWING GARNER. 
 From the County of Rutherford JOHN WILLIAMS BURTON. 
 From the County of Stewart NATHAN BRANDON. 
 From the County of Sullivan WM. VAN ALBADE DEADERICK. 
 From the County of Sumner JAMES JONES TURNER. 
 From the County of Shelby WILLIAM HENRY STEPHENS and 
 JOSEPH BROWN HEISKELL. 
 
 From the County of Smith JOHN ALLEN. 
 
 From the County of Warren HUGH LAWSON WHITE HILL. 
 
 From the County of Wayne ROBERT PERRY CYPERT. 
 
 From the County of Washington SAM'L JACOB KIRKPATRICK. 
 
 From the County of Weakley JOHN ALMUS GARDNER. 
 
58 
 
 From the County of White GEORGE GIBBS DIBBRELL. 
 From the County of Wilson SAMUEL GEORGE SHEPARD and 
 WILLIAM HENRY WILLIAMSON. 
 
 From the County of Williamson SAMUEL SMITH HOUSE. 
 
 From the Counties of Carter and Johnson WILLIAM BLOUNT 
 CARTER. 
 
 From the Counties of Greene, Hawkins, Hancock and Jefferson 
 ARTHUR ABSALOM KYLE. 
 
 From the Counties of Knox and Sevier JOSEPH ALEXANDER 
 MABRY. 
 
 From the Counties of Anderson and Campbell HENRY RICH- 
 ARD GIBSON. 
 
 From the Counties of Scott y Morgan and Fentress JAMES 
 CRAWFORD PARKER. 
 
 From the Counties of Polk, McMinn, and Meigs THEOPHILUS 
 MERIKEN BURKETT. 
 
 From the Counties of Rhea, Bledsoe, Hamilton, and Sequatchie 
 DAVID MCKENDREE KEY. 
 
 From the Counties of Grundy, Coffee and Van Buren MATT. 
 MARTIN. 
 
 From the Counties of Smith, Sumner and Macon GEORGE ED- 
 WARD SEAY. 
 
 From the Counties of Davidson, Robertson and Montgomery 
 JOHN FORD HOUSE. 
 
 From the Counties of Rutherford and Bedford JOHN EASTER 
 DROMGOOLE. 
 
 From the Counties of Lincoln, Giles and Marshall JOHN CAL- 
 VIN BROWN. 
 
 From the Counties of Williamson, Maury and Lewis ALFRED 
 OSBORNE POPE NICHOLSON. 
 
 From the Counties of Benton and Humphreys WM. FRENCH 
 
 DOHERTY. 
 
 From the Counties of Perry and Deeatur GEORGE WASHING- 
 TON WALTERS. 
 
 From the Counties of Carroll, Gibson, Madison and Henry 
 JAMES STEPHEN BROWN. 
 
 From the Counties of Dyer and Lauderdale ALFRED TYLER 
 FIELDER. 
 
59 
 
 From the Counties of Tipton, Shelby and Fayette HUMPHREY 
 RASCOE BATE. 
 
 AMENDMENTS PROPOSED. 
 
 Mr. DIBBRELL submitted the following resolution : 
 Resolved, That the Judiciary Committee be instructed to inquire 
 into and report the propriety of amending the Constitution so as to 
 adopt the two-term system of the Circuit Courts, and of reducing 
 the number of Circuits in this State to twelve, and of reducing the 
 number of Chancery Divisions to eight. The Chancellors and 
 Judges, as well as Clerks of said Courts, to be elected by the quali- 
 fied voters of their respective Counties, Circuits or Divisions. 
 
 Mr. STALEY offered the following resolution, which was referred 
 to the Committee on the Judiciary : 
 
 Resolved, That the Circuit Judges of this State shall be required 
 to reduce to writing their charges to traverse juries before deliver- 
 ing the same. After the charges have been delivered they shall be 
 filed with the papers in the cause, and shall not afterwards be 
 altered or added to. 
 
 Mr. TAYLOR submitted the following resolution, which was read 
 and referred to the Committee on the Judiciary : 
 
 Resolved, That Section 2, of Article IV., be so amended as to 
 read as follows : The Supreme Court shall consist of a Chief Jus- 
 tice and four Associate Justices. The number of Associate Justices 
 may be increased or decreased by law, but shall never be less than 
 two* That this be referred to the Committee on the Judiciary. 
 
 REPORT OF THE COMMITTEE ON BILL OF RIGHTS. 
 
 Mr. BAXTER, from the Committee on the Bill of Rights, made 
 the following report, which was ordered to be laid on the table and 
 printed : 
 
 WHEREAS, The people of the territory of the United States south 
 of the Ohio river, having the right of admission into the General 
 Government as a member State thereof, consistent with the Consti- 
 tution of the United States,, and the act of cession of the State of 
 North Carolina, recognizing the ordinance for the government of 
 the territory of the United States north-west of the Ohio River, by 
 their Delegates and Representatives in Convention assembled, did, 
 on the sixth day of February, in the year of our Lord one thousand 
 seven hundred and ninety -six, ordain and establish a Constitution, 
 or form of government, and mutually agreed with each other to 
 
60 
 
 form themselves into a free and independent State, by the name of 
 the State of Tennessee ; and 
 
 WHEREAS, The General Assembly of said State of Tennessee, 
 (pursuant to the third Section of the tenth Article of the Constitu- 
 tion,) by an act passed on the twenty-seventh day of November, in 
 the year of our Lord one thousand eight hundred and thirty-three, 
 entitled, "An Act to provide for the calling of a Convention," did 
 authorize and provide for the election by the people of delegates 
 and representatives, to meet at Nashville, in Davidson County, on 
 the third Monday in May, in the year of our Lord one thousand 
 eight hundred and thirty-four, for the purpose of revising and 
 amending or changing the Constitution ; and 
 
 WHEKEAS, The General Assembly of the State of . Tennessee, under 
 and in virtue of the first Section of the first Article of the Declaration 
 of Rights, contained in and forming a part of the existing Constitu- 
 eion of the State, by an act passed on the fifteenth day of November, in 
 the year of our Lord one thousand eight hundred and sixty-nine, en- 
 titled, "An Act to authorize the people to call a Convention, and JOT 
 other purposes" did authorize the people of the State to call a Conven- 
 tion, to meet at Nashville, on the second Monday in January, in the 
 year of our Lord one thousand eight hundred and seventy, and to 
 elect delegates thereto, for the purpose of amending, revising, or form- 
 ing and making a new Constitution ; and 
 
 WHEREAS, The people of the State, in pursuance of, and in the 
 mode authorized by said Act, have called said Convention, and elected 
 delegates to represent them therein ; now, therefore, 
 
 We, the Delegates and Representatives of the people of the State 
 of Tennessee, duly elected and in Convention assembled, in pursu- 
 ance of said Act of Assembly, have ordained and established the 
 following Constitution and form of government for this State, which 
 we recommend to the people of Tennessee for their ratification : that 
 is to say 
 
 ARTICLE I. 
 
 DECLARATION OF RIGHTS, 
 
 Sec. 1. That all power is inherent in the people, and all free gov- 
 ernments are founded on their authority, and instituted for their 
 peace, safety, and happiness ; for the advancement of those eiuls 
 they have, at all times, an unalienable and indefeasible right to 
 alter, reform, or abolish the government in such manner as they 
 may think proper. 
 
 Sec. 2. That government being instituted for the common benefit, 
 the doctrine of non-resistance against arbitrary power and oppres- 
 sion is absurd, slavish, and destructive of the good and happiness 
 of mankind. 
 
61 
 
 Sec. 3. That all men have a natural and indefeasible right to 
 worship Almighty God according to the dictates of their own con- 
 science ; that no man can, of right, be compelled to attend, erect, or 
 support any place of worship, or to maintain any minister against 
 his consent ; that no human authority can, in any case whatever, 
 control or interfere with the rights of conscience ; and that no pre- 
 ference shall ever be given, by law, to any religious establishment 
 or mode of worship. 
 
 Sec. 4. That no religious or political test, other than an oath to 
 support the Constitution of the United States and of this State, shall 
 ever be required as a qualification to any office or public trust under/ 
 this State. 
 
 Sec. 5. That elections shall be free and equal, and the right of 
 suffrage, as hereinafter declared, shall never be denied to any person 
 entitled thereto, except upon a conviction by a jury of some infamous / 
 crime, previously ascertained and declared by law, and the judgment 
 thereon by a court of compentent jurisdiction. 
 
 Sec. 6. That the right of trial by jury shall remain inviolate. 
 
 Sec. 7. That the people shall be secure in their persons, houses, 
 papers, and possessions from unreasonable searches and seizures ; 
 and that general warrants, whereby an officer may be commanded 
 to search suspected places, without evidence of the fact committed, 
 or to seize any person or persons not named, whose offences are not 
 particularly described and supported by evidence, are dangerous to 
 liberty, and ought not to be granted. 
 
 Sec. 8. That no man shall be taken or imprisoned, or disseized of 
 his freehold, liberties or privileges, or outlawed or exiled, or in any 
 manner destroyed, or deprived of his life, liberty, or property, but 
 by the judgment of his peers, or the law of the land. 
 
 Sec. 9. That in all criminal prosecutions, the accused hath a right 
 to be heard by himself and his counsel ; to demand the nature and 
 cause of the- accusation against him, and to have a copy thereof : to 
 meet the witnesses face to face ; to have compulsory process for ob- 
 taining witnesses in his favor; and in prosecutions by indictment or 
 presentment, a speedy public trial by an impartial jury of the 
 County or District in which the crime shall have been committed, 
 unless the same shall be changed, for good cause, to another County or 
 District in the mode to be prescribed by a general public law, passed 
 before the alleged commission of the offense; and shall not be com- 
 pelled to give evidence against himself. 
 
 Sec. 10. That no person shall, for the same offence, be twice put 
 in jeopardy of life or limb. 
 
 Sec. 11. That laws made for the punishment of acts committed 
 previous to the existence of such laws, and by them only declared 
 criminal, are contrary to the principles of a free government ; 
 wherefore no ex post facto law shall be made. 
 
 Sec. 12. That no conviction shall work corruption of blood or 
 
62 
 
 forfeiture of estate. The estate of such persons as shall destroy 
 their own lives shall descend or vest as in case of natural death. If 
 any person be killed by casualty, there shall be no forfeiture in con- 
 sequence thereof. 
 
 Sec. 13. That no person arrested and confined in jail shall be 
 treated with unnecessary rigor. 
 
 Sec. 14. That no citizen shall be put to answer any criminal 
 charge but by presentment, indictment or impeachment. 
 
 Sec. 15. That all prisoners snail be bailable by sufficient sure- 
 ties, unless for capital offenses, when the proof is evident or the 
 presumption great. And the privilege of the writ of habeas corpus 
 shall not be suspended, unless when in case of rebellion or invasion 
 the General Assembly shall declare the public safety requires it. 
 
 Sec. 16. That excessive bail shall not be required, nor excessive 
 fines imposed, nor cruel and unusual punishments inflicted. 
 
 Sec. 17. That all courts shall be open; and every man, for an in- 
 jury done him in his lands, goods, person or reputation, shall have 
 remedy by due course of law, and right and justice administered 
 without sale, denial or delay. Suits may be brought against the 
 State, in such manner and in such courts as the Legislature may, by 
 law, direct.. 
 
 Sec. 18. That the person of a debtor, where there is not strong 
 presumption of fraud, shall not be continued in prison after deliv- 
 ering up his estate for the benefit of his creditor or creditors, in 
 such manner as shall be prescribed by law. 
 
 Sec 19. That the fc printing presses shall be free to every person 
 who undertakes to examine the proceedings of the Legislature, or of 
 any branch or officer of the government ; and no law shall ever be 
 made to restrain the right thereof. The free communication of 
 thoughts and opinions is one of the invaluable rights of man, and 
 every citizen may freely speak, write and print on any subject, 
 being responsible for the abuse of that liberty. But in prosecutions 
 for the publication of papers investigating the official conduct of 
 officers or men in public capacity, the truth thereof may be given 
 in evidence ; and in all indictments for libels, the jury shall have a 
 right to determine the law and the facts, under the direction of the 
 court, as in other criminal cases. 
 
 Sec. 20. That no retrospective law, or law impairing the obliga- 
 tions of contracts, shall be made. 
 
 Sec. 21. That no man's particular services shall be demanded, or 
 property taken, or applied to public use, without the consent 01 his 
 representatives, or without just compensation being made therefor. 
 
 Sec. 22. That perpetuities and monopolies are contrary to the 
 genius of a free State, and shall not be allowed. 
 
 Sec. 23. That the citizens have a right in a peaceable manner to 
 assemble together for their common good, to instruct their represen- 
 tatives, and to apply to those invested with the powers of govern- 
 
63 
 
 ment for redress of grievances, or other purposes, by address or re- 
 monstrance. 
 
 Sec. 24. That the sure and certain defense of a free people is a 
 well regulated militia ; and, as standing armies in time of peace are 
 dangerous to freedom, they ought to be avoided as far as the cir- 
 cumstances and safety of the community will admit ; and that in all 
 cases the military shall be kept in strict subordination to the civil 
 authority. 
 
 Sec. 25. That no citizen of this State, except such as are employed 
 in the army of the United States, or militia in actual service, shall 
 be subjected to punishment under the martial law. 
 
 Sec, 26. That the citizens of this State have a right to keep and 
 to bear arms for their common defense. 
 
 Sec. 27. That no soldier shall, in time of peace, be quartered in 
 any house without the consent of the owner ; nor in time of war, 
 but in a manner prescribed by law. 
 
 Sec. 28. That no citizen of this State shall be compelled to bear 
 arms, provided he will pay an equivalent to be ascertained by law. 
 
 Sec. 29. That an equal participation of the free navigation of the 
 Mississippi is one of the inherent rights of the citizens of this State ; 
 it cannot, therefore, be conceded to any prince, potentate, power, 
 person or persons whatever. 
 
 Sec. 30. That no hereditary emoluments, privileges or honors, 
 shall ever be granted or conferred in this State. 
 
 Sec. 31. That the limits and boundaries of this State be ascer- 
 tained, it is declared they are as heretofore mentioned, that is to 
 say : Beginning on the extreme height of the Stone Mountain., at 
 the place where the line of Virginia intersects it, in latitude thirty- 
 six degrees and thirty minutes north ; running thence along the 
 extreme height of said mountain, to the place where Watauga River 
 breaks through it ; thence in a direct course to the top of the Yel- 
 low Mountain, where Bright's road crosses the same ; thence along 
 the ridge of said mountain, between the waters of Doe River and the 
 waters of Rock Creek, to the place where the road crosses the Iron 
 Mountain ; from thence along the extreme height of said mountain, 
 to the place where Nolichucky River runs through the same ; thence 
 to the top of the Bald Mountain ; thence along the extreme height 
 of said mountain, to the Painted Rock, on French Broad River ; 
 thence along the highest ridge of said mountain, to the place where 
 it is called the Great Iron or Smoky Mountain ; thence along the 
 extreme height of said mountain, to the place where it is called 
 Unicoi or Unaka Mountain, between the Indian towns of Cowee 
 and Old Chota ; thence along the main ridge of said mountain, to 
 the southern boundary of this State, as described in the act of ces- 
 sion of North Carolina to the United States ; and that all the ter- 
 ritory, lands and waters lying west of said line, as before men- 
 tioned, and contained within the chartered limits of the State of 
 
64 
 
 North Carolina, are within the boundaries and limits of this State, 
 over which the people have the right of exercising sovereignty, and 
 the right of soil, so far as is consistent with the Constitution of the 
 United States, recognizing the Articles of Confederation, the Bill 
 of Eights, and Constitution of North Carolina, the cession act of 
 the said State, and the ordinance of Congress for the government of 
 the territory North-west of the Ohio; Provided, nothing herein 
 contained shall extend to affect the claim or claims of individuals 
 to any part of the soil which is recognized to them by the aforesaid 
 cession act; And provided also, that the limits and jurisdiction of 
 this State shall extend to any other land and territory now ac- 
 quired, by compact or agreement, with other States or otherwise, 
 although such land and territory are not included within the bound- 
 aries hereinbefore designated. 
 
 Sec. 32. The erection of safe and comfortable prisons, the inspec- 
 tion of prisons, and the humane treatment of prisoners shall be pro- 
 vided for. 
 
 Sec. 33. That Slavery and involuntary servitude, except as a pun- 
 nishment for crime, whereof the party shall have been duly convicted, 
 are forever prohibited in this State. 
 
 Sec. 34. The General Assembly shall make no law recognizing the 
 right of property in man. 
 
 JOHN BAXTER, Chairman. 
 
 On motion of Mr. JONES, of Lincoln, the Convention adjourned 
 until to-morrow morning, at 10 o'clock. 
 
 FRIDAY MORNING, JANUARY 14, 1870. 
 
 The Convention met pursuant to adjournment, Mr. President 
 Brown in the Chair. 
 
 Prayer by the Rev. Dr. Redford. 
 
 The Journal of yesterday was read, corrected and approved. 
 
 The roll was called for petitions and memorials, when 
 
65 
 
 FEDERAL REPRESENTATION. 
 
 Mr. BLACKBURN offered the following resolutions, which were 
 read and referred to the Committee on Miscellaneous Provisions : 
 
 WHEREAS, All power being inherent in the people, as guaran- 
 teed by the Constitution of Tennessee, as well as the Constitution 
 of the United States, set forth in the first Article of the Bill of 
 Rights of each ; therefore, be it 
 
 Resolved, That it is the duty of this Convention to see that no 
 law shall be passed calculated to destroy, impair or diminish the 
 representation of this State in the Congress of the United States ; 
 
 Resolved, That this Convention, deriving its power from the peo- 
 ple, will not make, pass, alter, change or amend the fundamental 
 law of the State, so as to diminish or alter the power of this State 
 in the Congress of the United States ; 
 
 Resolved, That these resolutions be referred to the Committee on 
 the Constitution. 
 
 AMENDMENTS PROPOSED. 
 
 Mr. BRITTON offered the following resolution which was referred 
 to the Committee on Miscellaneous Provisions : 
 
 Resolved, That as all power is inherent in the people, and as free 
 governments were instituted for their mutual protection and secur- 
 ity, it is therefore eminently proper that all the offices created by 
 the Constitution in the various co-ordinate branches of the State 
 government should be elected by and derive their power directly 
 from the people. 
 
 Mr. CARTER submitted the following amendments to the Consti- 
 tution, which were read and referred to the Committees Franchise 
 and Elections : 
 
 Article II, Section 7. The first election for Senators and Repre- 
 sentatives shall be held on the first Tuesday in November, one 
 thousand eight hundred and seventy ; and forever thereafter, elec- 
 tions for members of the General Assembly shall be held once in 
 two years, on the first Tuesday in November ; said election shall 
 terminate the same day. 
 
 Sec. 8. The first session of the General Assembly shall com- 
 mence on the first Monday in January, one thousand eight hundred 
 and seventy-one ; and forever thereafter the General Assembly 
 shall meet on the first Monday in January next ensuing the elec- 
 tion. 
 
 Mr. DEAVENPORT introduced the following resolution, which w:is 
 read and referred to the Committee on the Legislative Department : 
 5 
 
66 
 
 Resolved, That the appropriate committee be instructed to inquire 
 and report upon the expediency and practicability of establishing 
 natural and permanent boundaries to govern and control the repre- 
 sentation in the General Assembly of the State, instead of the two- 
 thirds ratio, as provided for in Section 5, Article II, of the present 
 Constitution. 
 
 Mr. DOHERTY offered the following preamble and resolution, 
 which were read and referred to the Committee on the Legislative 
 Department : 
 
 WHEREAS, Much of the valuable time of the Legislature is ap- 
 propriated in the passage of local and private laws, to the hind- 
 rance of the public interest : 
 
 Resolved, That the Committee on the Legislative Department be 
 requested to examine and report whether or not it would be to the 
 interest of the State to divest the Legislature of the power of enact- 
 ing private acts, and that power be vested in such court or courts as 
 shall be designated by law. 
 
 Mr. FINLEY offered the following resolution, which was read 
 and referred to the Committee on Franchise : 
 
 Resolved, That every male person, regardless of race or color, if 
 qualified, having arrived at the age that may hereafter be prescribed 
 by law, shall be eligible to any office to which he may be elected by 
 a popular vote of the qualified voters of the County or District 
 where he resides. 
 
 Mr. FINLEY offered the following resolution, which was read 
 and referred to the Committee on Franchise, etc, : 
 
 Resolved, That every male person of the age of twenty -one years, 
 regardless of race or color, not convicted of infamous crime, being 
 a citizen of the United States and of the State of Tennessee twelve 
 months, and of the county where he may offer his vote three 
 months preceding the day of election, shall be entitled to vote for 
 members of the General Assembly and all other civil officers for the 
 County or District where he resides. 
 
 Mr. FENTRESS offered the following resolution, which was read 
 and referred to the Committee on the Bill of Rights : 
 
 Resolved, That the Committee on the Bill of Rights be requested 
 to report whether Section 15 of the Bill of Rights should not be so 
 amended as to provide that the writ of habeas corpus shall not be 
 suspended or denied in any case. 
 
 Mr. FIELDER submitted the following preamble and resolution, 
 which were read and referred to the Committee on the Legislative 
 Department : 
 
67 
 
 WHEREAS, The powers of the State Government are composed of 
 three co-ordinate branches, viz. : the Legislative, Executive, and 
 Judicial ; therefore be it 
 
 Resolved, That the Legislative Committee be requested to inquire 
 whether or not any amendment to the present Constitution is neces- 
 sary to keep them separate and distinct, so that the one may not 
 infringe upon the rights of the other, and if so, report the same to 
 this body. 
 
 Mr. GIBSON submitted the following amendments to the Consti- 
 tution, which were read and referred to the Committee on the Judi- 
 ciary Department : 
 
 Article , Section . The number of Law Circuits shall never 
 exceed one for every 75,000 inhabitants ; and the number of Chan- 
 cery Divisions shall never exceed one for every 100,000 inhabit- 
 ants. But in establishing Circuits and Divisions, territory and 
 population shall be so equalized that the labors of the several 
 Judges and the several Chancellors shall be equalized as nearly 
 as possible. 
 
 Sec. . No Judicial officer shall be a candidate before the people 
 for any other than a Judicial office, directly or indirectly. And the 
 election of any such officer by the people during his incumbency, or 
 for one year thereafter, shall be absolutely void. 
 
 Sec. . The Legislature may, by joint resolution, two-thirds in 
 each House concurring, remove from office any Judge, Chancellor, 
 or State's Attorney, for crime, corruption, incompetency, drunken- 
 ness, neglect, or violation of duty, or other conduct unbecoming 
 such an officer. Provided, That such officer, when accused, shall be 
 allowed to present his evidence and argument, in writing, at the 
 bar of the two Houses in joint session. But each House shall vote 
 separately by ayes and noes, and the same shall be entered on the 
 Journals of each House, together with the cause or causes of re- 
 moval. 
 
 Mr. GIBSON submitted the following resolution, which was read 
 and referred to the Committee on the Judicial Department : 
 
 Resolved, That the Judiciary Committee be requested, if they de- 
 cide against the Judges and District Attorneys being chosen by the 
 people, to consider the propriety of having Circuit Judges, Chancel- 
 lors, and District Attorneys nominated by the Supreme Court and 
 confirmed by the Senate. 
 
 Mr. HILL, of Gibson, offered the following resolution, which was 
 read and referred to the Committee on the Judicial Department : 
 
 Resolved, That Section 10, of Article VI, of the present Consti- 
 tution be so amended as to read as follows : 
 
68 
 
 " Judges or Justices of such Inferior Courts of Law and Equity 
 as the Legislature may establish shall have power in all civil cases 
 to issue writs of Certiorari to remove any cause or transcript there- 
 of from inferior jurisdiction into said Courts of Law on sufficient 
 cause supported by oath or affirmation. ; 
 
 MEMORIAL. 
 
 Mr. HILL, of Gibson, presented a memorial, signed by : 255 citi- 
 zens, praying a change in the Constitution of the State in relation 
 to the formation of new counties, which was read and referred to 
 the Committee on New Counties and County Lines. 
 
 AMENDMENTS PROPOSED. 
 
 Mr. HOUSE, of Williamson, submitted the following amendments 
 to the Constitution, which were read and referred to the Committee 
 on Judiciary. 
 
 Resolved, That Article V, of the Constitution be amended as 
 follows : 
 
 Sec. 1. The Governor, Judges of the Supreme Court, Judges of 
 Inferior Courts, Chancellors, Attorneys for the State and Secretary 
 of State shall be liable to impeachment, whenever they may commit 
 any offence in their official capacity, which may require disqualifica- 
 tion; but judgment shall only extend to removal from office and 
 disqualification to fill any office thereafter. The party shall never- 
 theless, be liable to indictment, trial, judgment and punishment 
 according to law. 
 
 Se.c. 2. The House of Representatives shall have the sole power 
 of impeaching the Governor, Judges of the Supreme Court, the 
 Attorney General for the State and the Secretary of State. 
 
 Sec. 3. All impeachments of any of the officers mentioned in 
 Section 2 shall be tried by the Senate; and when sitting for that 
 purpose the Senators shall be upon oath or affirmation and presid- 
 ed over by the Senior Judge of the Supreme Court of the State. If 
 the senior Judge should be impeached then the Senate shall be pre- 
 sided over by the next senior Judge of the Supreme Court. 
 
 No person shall be convicted without the concurrence of two 
 thirds of the Senators sworn to try the officer impeached. 
 
 Sec. 4. The House of Representatives shall elect from their own 
 body three members, whose duty it shall be to prosecute impeach- 
 ments. No impeachment shall be tried until the Legislature shall 
 have adjourned sine die, when the Senate shall proceed to try 
 such impeachment. 
 
 Sec 5. All Judges of Inferior Courts, Chancellors and Attorneys 
 for the State, for the several Judicial Districts or Circuits, shall be 
 
69 
 
 liable to impeachment for crimes and misdemeanors in office at the 
 instance and upon the prosecution of any citizen in the Supreme 
 Court of the State, in such manner as the Legislature may by law 
 direct. 
 
 Sec. 6. Justices of the Peace and other civil officers not herein 
 before mentioned, for crimes and misdemeanors in office, shall be 
 liable to indictment in such courts as the Legislature may direct ; 
 and upon conviction, shall be removed from office by said court as 
 if found guilty on impeachment ; and shall be subject to such other 
 punishment as may be prescribed by law. 
 
 Mr. HOUSE, of Davidson, Robertson and Montgomery, offered 
 the following resolution, which was read and referred to the Com- 
 mittee on New Counties and County Lines. 
 
 Resolved, That the county of Cheatham, as now established, be, 
 and the same is hereby declared to be a Constitutional county. 
 
 Mr. IVIE offered the following resolution, which was read and 
 referred to the Committee on the Legislative Department : 
 
 Resolved, That Section , Article , of the present Constitu- 
 tion be amended so as to prohibit the Legislature of this State from 
 granting any charter of incorporation, except to Banks and Inter- 
 nal Iprovements. And that no charter shall be granted for any 
 bank unless the same shall have a capital stock of five hundred 
 thousand dollars. One half of which shall be paid in before said 
 corporation shall be entitled to do business under the charter. 
 
 Mr. JONES, of Giles, submitted the following amendment to the 
 Constitution, which was read and referred to the Committee on 
 Franchise : 
 
 " Resolved, That the Committee on Elections and Franchise be 
 instructed to so amend Article IV, of the Constitution of Tennessee, 
 as that the same shall read : " Every freeman of the age of twenty- 
 one years, being a citizen of the United States, and a resident of 
 the State two years, and of the county, in which he may offer his 
 vote, twelve months next preceeding the day of election, and having 
 paid his poll tax, shall be entitled to vote for members of the 
 General Assembly, and other civil officers for the county or district 
 in which he resides." 
 
 Mr. McNABB offered the following resolution, which was read 
 and referred to the Committee on Franchise : 
 
 Resolved, That no law shall ever be passed in the State of Ten\ /. 
 nessee, debarring any man from voting in any election in couse^ 
 quence of not having paid his tax, prior to said election. 
 
 Mr. IVIE offered the following resolution, which wate read and 
 referred to the Committee on the Legislative Department : 
 
70 
 
 Resolved, That the present Constitution of the State of Tennes- 
 see be so amended as to prohibit the State Legislature from passing 
 any bill granting State aid to Internal Improvements. And so as to 
 prohibit the Legislature from passing any bill by the provisions of 
 which the State shall become a joint stock-holder in any incorpora- 
 tion ; Provided the State may build roads or improve the navigation 
 of rivers, if authorized so to do by the Legislature. 
 
 Mr. McNABB offered the following resolution, which was read 
 and referred to the Committee on Miscellaneous Provisions : 
 
 Resolved, That the Legislature of the State of Tennessee, shall 
 pass a common school law, and such an one as in their judgment 
 will be for the very best interest to the children of the State, and a 
 reasonable school tax. 
 
 Mr. PORTER, of Hay wood, offered the following resolution, which 
 was read and referred to the Committee on Miscellaneous Provisions : 
 
 Resolved, That the body having the power to fix and determine 
 the salary of the Governor and Judges of the State, shall not reduce 
 that of the Governor below the sum of $4,000 per annum ; that of 
 the Judges of the Supreme Court, below $4,000 per annum ; that of 
 Chancellors and Circuit Judges, below $3,000 per annum. 
 
 REPORTS CALLED FOR. 
 
 Mr. PORTER, of Hay wood, offered the following resolution, which 
 lies over under the rule : 
 
 Resolved, That the Standing Committees, of this body, be and the 
 same are hereby required to report in some way upon all proposi- 
 tions or resolutions, that have been or may hereafter be referred to 
 them. That in case of rejection of any resolution, the same shall 
 be returned to this body, labelled " rejected," simply, or " rejected 
 because the substance thereof, has, or will be acted upon and reported 
 in another form and manner." 
 
 JURISDICTION OF MAGISTRATES 
 
 Mr. PORTER, of Hay wood, submitted the following resolution : 
 
 "Resolved, That reference be had to the Judiciary Committee, to 
 enquire into and report to this Convention how far and to what ex- 
 tent, if any, the jurisdiction of Justices of the Peace in this State, 
 now obtaining on notes of hand to the sum of $500, and on open 
 accounts to the sum of $250, conflict with Article VII, of the 
 amendments to the Constitution of the United States*" Said Art. 
 being in words and figures as follows : ' In suits at Common law, 
 when the value in controversy shall exceed ($20) Twenty Dollars, 
 
71 
 
 the right of trial by Jury shall be preserved ; and no fact tried by 
 a Jury shall be otherwise re-examined in any Court of the United 
 States than according to the rules of the common law. 7 >J 
 
 REPORT OF PROCEEDINGS. 
 
 Mr" THOMPSON, of Maury, offered the following resolution, which 
 was read and referred to the Committee on Printing : 
 
 Resolved, That William H. Drapier, be and he is hereby appoint^ 
 ed stenographic reporter for this Convention and that he be author- 
 ized to furnish three thousand copies of his reports, in book form 
 for which he shall receive the same compensation as is now paid, by 
 law, for public printing, of the same grade. 
 
 AMENDMENTS PROPOSED. 
 
 Mr. WARNER offered the following resolution, which was read 
 and referred to the Committee on the Legislative Department : 
 
 Resolved^ That Article II, Section 15, of the Constitution of 
 1834, be so amended as to insert the words "without delay " be- 
 tween the word " shall " and " issue," and that the Legislative 
 Committee enquire into the propriety of said amendment. 
 
 Mr. WARNER offered the following, which was also referred to 
 the Committee on the Legislative Department : 
 
 Resolved^ That the Committee on the Legislative Department be 
 required to report upon the propriety of conferring on two-thirds 
 of the Senate, and a majority of all the members of the House of 
 the General Assembly the power to grant pardons in cases of im- 
 peachments. 
 
 Mr. WARNER offered the following, which was read and referred 
 to the Committee on Bill of Rights: 
 
 Resolved) That the following proposition be presented to the 
 Committee on the Bill of Rights : 
 
 .xlst. That Article I, Section 5, be so amended as to strike out the 
 words " free man " between the words " no " and " shall," and in- 
 sert the word " person ;" and to insert the words " or her " be- 
 tween the words " his " and " freehold," and that the words " or 
 her " be inserted between the words <( his " and liberty," and that 
 the words "or her" be inserted between the words "his" and 
 " peers," which will make said section read thus : " That no person 
 shall be taken or imprisoned, or disseized of his or her freehold, 
 liberties or privileges, or outlawed or exiled, or in any manner dis- 
 trained or deprived of his or her life, liberty or property, but by 
 the judgment of his or her peers, or the law of the land." 
 
 Be it also resolved, That Section 9 of said Article be amended as 
 
72 
 
 follows : That the letters " self" be stricken out between the words 
 " himself/ 7 and the words " or " " herself " be inserted," and that 
 the words " or her " be inserted between the words " his " and 
 " counsel," and that the words " or her " be inserted between the 
 words " him " and " and," and that the words " or her " be in- 
 serted between the words " his " and " favor," and that the letters 
 " self" in the last word in said section be stricken out, and the 
 words " or herself " be added, which will make said section read 
 thus : " That in all criminal prosecutions the accused hath a right 
 to be heard by him or herself and his or her counsel, to demand the 
 nature and cause of the accusation against him or her, and to have 
 a copy thereof; to meet the witnesses face to face ; to have com- 
 pulsory process for obtaining witnesses in his or her favor ; and in 
 prosecutions by indictment or presentment, a speedy, public trial 
 by an impartial jury of the County or District in which the crime 
 shall have been committed ; and shall not be compelled to give 
 evidence against him or herself. 
 
 Be it further resolved, That section 13 of said Article be so 
 amended as to strike out the word "jail ' and insert the word 
 " prison ;" and that Section 14 of said Article be so amended as to 
 strike out the words " free man," and insert in their stead the 
 word "person." 
 
 Resolved further, That Section 17 of said Article be so amended 
 as to insert the word " person " in the place of " man " between 
 the words " every " and " for," and to insert the words " or her " 
 after the word " him " before the word " in," and the words " or 
 her " between the words " his " and " lands." 
 
 Resolved further, That Section 26 of said Article be so amended 
 as to insert the word " person's " instead of " man's " between the 
 the words " no " and " particular," and that the words " or her " 
 be inserted between the words " his " and " representatives." 
 
 Resolved further. That Section 26 of same Article be so amended 
 as to strike out the words " the free white men " and insert the 
 words " all persons." 
 
 Resolved further. That Section 3 of said Article be so amended 
 as to strike out the word " men " between " all " and " have," and 
 insert the word "persons" and strike out the word "man" be- 
 tween the words " no " and " can," and insert the word " person." 
 
 Mr. WARNEK also offered the following, which was read and 
 referred to the Committee on the bill of Rights : 
 
 Resolved, That the Committee on the Bill and Declaration of 
 Rights be directed to inquire into and report on the propriety of 
 amending Article I, Section 1, of the Declaration of Rights, so 
 that in calling conventions of the people of this State, other than 
 in the mode of amending the Constitution in accordance with Ar- 
 ticle II, Section 3, of the Constitution, that a majority of the qual- 
 
73 
 
 ified voters of the State, and a majority voting for Governor on 
 the last preceding election, shall vote in favor of any Contention 
 that may be called to amend or alter the Constitution, before said 
 Convention or other sovereign body of the people, as it may be 
 called, shall be authorized to act as delegates of the people in alter- 
 ing, reforming, or abolishing the Constitution of this State, subject 
 to the ratification of the people. 
 
 Mr. WALTERS oifered the following resolution, which was read 
 and referred to the Committee on the Judicial Department : 
 
 Resolvedj That there shall be an act enacted by the General 
 Assembly of the State of Tennessee, authorizing the election of a 
 County Judge for the respective Counties, and who shall have 
 jurisdiction to try all offenses under the laws of this State, under 
 the grade of grand larceny; that he shall try them under the same 
 rules and regulations that they are now triable by the Circuit 
 Courts, other than they shall not be required to refer the charges to 
 a Grand Jury to find a bill of indictment, but may proceed to trial 
 upon the warrant of arrest. But that the quarterly County Courts 
 shall be held under such rules and regulations as may be prescribed 
 by law. 
 
 FORM OF REPORTS OF COMMITTEES. 
 
 Mr. BROWN, of Davidson, offered the following resolution : 
 Resolved, That the different Committees, in making their reports, 
 shall designate the section, or part of section and Article of the 
 Constitution proposed to be amended ; or if a new section is re- 
 ported it should be numbered, and its appropriate place in the Con- 
 stitution designated. 
 
 Mr. HOUSE, of Davidson, Robertson and Montgomery, offered 
 the following in lieu of Mr. Brown's resolution : 
 
 Resolved, That the different Committees shall report as a whole 
 all the amendments which they wish to propose to the Constitution ; 
 and they shall make no report to the Convention upon any matter 
 referred to them until they are ready to make a general report of 
 all the amendments they wish to recommend in the respective de- 
 partments referred to them. 
 
 On motion of Mr. HOUSE, of Davidson, Robertson and Mont- 
 gomery, the rules were suspended, and the resolution offered by 
 him was adopted in lieu of Mr. Brown's : 
 
 Mr. HEISKELL offered the following amendment to Mr. House's 
 resolution : 
 
 " But that the several Committees of this House may, in their 
 discretion, report to this House by resolution, drawn up in such 
 
74 
 
 form as they may deem advisable, to test the sense of the House 
 upon such principles as may be material so to present. 
 
 Which amendment was rejected. 
 
 On motion of Mr. JONES, of Lincoln, the vote rejecting said 
 amendment was reconsidered, and the amendment adopted. 
 
 Mr. KENNEDY offered the following amendment : 
 
 " And that the reports of said Committees shall lie upon the table, 
 and be printed for the use of the Convention." 
 
 Which was rejected, and the resolution, as amended, was adopted 
 by the Convention. 
 
 ADJOURNMENT OVER. 
 
 Mr. THOMPSON, of Maury, moved that when the Convention ad- 
 journ, it adjourn until Monday morning next, at 10 o'clock. 
 
 Mr. BAXTER demanded the yeas and nays upon the motion. 
 
 A vote was taken, and the Convention refused to so adjourn. 
 
 Those voting aye are : 
 
 Messrs. Allen, Arledge, Burton, Brandon, Bate, Cummings, 
 Jones of Lincoln, Jones of Giles, Kennedy, Porter of Haywood, 
 Thomoson of Maury, Thompson of Davidson, Turner and Mr. 
 President Brown 14. 
 
 Those voting no are : 
 
 Messrs. Burkett, Brown of Davidson, Branson, Baxter, Britton, 
 Brooks, Byrne, Blizard, Brown of Carroll, Gibson, Madison and 
 Henry, Coffin, Campbell, Chowning, Cypert, Carter, Dibbrell, 
 Dea ven port, Deaderick, Doherty, Dromgoole, Finley, Fulkerson, 
 Fen tress, Fielder, Gaut, Gibson, Gardner, Gibbs, Gordon, Garner, 
 Henderson, Hill of Warren, Hill of Gibson, Heiskell, House of 
 Williamson, House of Davidson, Robertson and Montgomery, Ivie, 
 Kirkpatrick, Key, Kyle, Martin, Mabry, Morris, Meeks, Mc- 
 Dougal, McNabb, Netherland, Nicholson, Porter of Henry, Parker, 
 Seay, Shepard, Stephens, Staley, Sample, Shelton, Taylor, Wright, 
 Williamson, Warner, and Walters 60. 
 
 On motion, the Convention adjourned Until to-morrow morning, 
 10 o'clock. 
 
SATURDAY MORNING, JANUARY 15, 1870, 
 
 The Convention met pursuant to adjournment, Mr. President 
 BROWN in the Chair. 
 Prayer by the Rev. Dr. SOMERS. 
 The Journal of yesterday was read, corrected and approved. 
 
 AMENDMENTS PROPOSED. 
 
 The roll was called for petitions and memorials, when Mr. 
 BRANSON offered the following resolution, which was read and re- 
 ferred to the Committee on the Legislative Department : 
 
 Resolved, That the Legislature of this State shall pass a Common 
 School Law, and such an one as, in their judgment, will be for the 
 very best interest of all the children of the State, and that they as- 
 sess, or cause to be assessed, a sufficient tax to raise a fund for such 
 educational purposes, and that the same be known as the " Common 
 School Fund of Tennessee/ ' and that the same shall never be other- 
 wise applied than for that of Common School purposes. 
 
 Mr. BROOKS offered the following resolution, which was read and 
 referred to the Committee on the Judicial Department : 
 
 Resolved, That the Constitution be so amended that the Judges of 
 the Supreme Court shall not be allowed a salary to exceed two 
 thousand five hundred dollars per annum, and that the salary of the 
 Chancellors and Circuit Judges shall not exceed two thousand 
 dollars per annum. 
 
 Mr. BLIZARD offered the following amendment to the Constitu- 
 tion, which was read and referred to the Committee on Franchise 
 and Elections : 
 
 Resolved, That the Constitution of Tennessee be so amended as 
 to provide for the election of the Secretary of State, Comptroller 
 and Treasurers of the State, by the qualified voters of the State at 
 large, at the same time and for the same term that the Governor 
 and members of the General Assembly are elected. 
 
 Mr. CYPERT offered the following resolution, which was read 
 and ordered to be referred to the Committee on the Legislative 
 Department : 
 
76 
 
 Resolved, That the best interests of the State demand that manu- 
 facturing and agricultural pursuits should be favored and encourag- 
 ed, and to this end the prolucts of these important branches of in- 
 dustry should forever remain exempt from taxation. 
 
 Mr. DIBBRELL offered the following resolution, which was read 
 and referred to the Committee on the Legislative Department : 
 
 Resolved, That the Legislature shall be composed of one hundred 
 members, as follows : Twenty-five Senators and seventy-five Repre- 
 sentatives ; Provided, That each county in this State with a voting 
 population of fifteen hundred shall be entitled to one Representa- 
 tive in the lower branch of the Legislature. 
 
 Mr. FULKERSON offered the following resolution as an amend- 
 ment to the Constitution, which was read and referred to the Com- 
 mittee on Franchise and Elections : 
 
 Resolved, That Section 5, of Article VII, of the Constitution be 
 altered and amended as follows : 
 
 The Legislature shall provide that the election of the county 
 officers, by the people, shall take place at the same time the general 
 elections are held for members of Congress,, members of the Legis- 
 lature and Governor. The election shall commence and terminate 
 the same day. 
 
 Mr. PORTER, of Haywood, offered the following resolution, 
 which was read and referred to the Committee on the Judicial 
 Department : 
 
 Resolved, That the Judges of the Supreme Court shall be elected 
 by the people. That no person shall be eligible to said position un- 
 less he shall have had the experience of 25 years practice at the bar, 
 and whose term of service shall end when he shall have attained 
 the age of seventy years, or during good behavior. 
 
 Mr. GIBSON offered the following amendment, which was read 
 and referred to the Committee on the Legislative Department : 
 
 Article , Section . The Legislature shall have no power 
 whatever, to give, grant lease or sell any portion of the territory of 
 the State, or the control, or dominion of any portion thereof to any 
 individual, association, corporation or State by special law; nor 
 shall any portion of the territory of this State, or any private pro- 
 perty within the State, or any individual association or corporation 
 be exempted from State or county taxes : Provided, always, that 
 this nor any other section shall be so construed as to prevent the 
 United States from acquiring dominion and control, exclusive or 
 otherwise over such places as the Legislature may authorize, by any 
 law, general or special ; and Provided further, that the Legislature 
 
77 
 
 may pass general laws whereunder the County Court may exempt 
 honorably discharged soldiers and indigent persons from the pay- 
 ment of the poll tax. 
 
 Mr. SAMPLE offered the following resolution, which was referred 
 to the Committee on Franchise and Elections : 
 
 Resolved, That all offices to be filled, from the highest to the 
 lowest grade, shall be filled by the popular vote of the qualified 
 voters in the State, county or district, as the case may be, so as 
 thereby not to conflict with the Constitution of the United States, 
 viz : Supreme, Circuit and Chancery Judges, Clerks of the differ- 
 ent Courts, Magistrates and Constables, Sheriffs, Surveyors, Trustees, 
 Revenue Collectors, etc. Also all military officers shall be elected 
 by the qualified Voters of the State, county or district as the case 
 may be. 
 
 Mr. PORTER, of Haywood, offered the following resolution, which 
 was read and referred to the Committee on the Judicial Depart- 
 ment : 
 
 Resolved, That the Committee on said Department take under 
 consideration, and make report to this Convention, as to the expe- 
 diency and propriety of abolishing the office of District, or Circuit At- 
 torney General of the State, and the creation of the office of State At- 
 torney for each county. The person filling the same to be elected by 
 the qualified voters thereof, and whose term of service shall be the 
 same as that of Circuit Judge. The salary of said office, in addi- 
 tion to the compensation now allowed by law, to be determined and 
 fixed by the County Court, at the January Term of each year. 
 
 Mr. SEAY offered the following resolution, which was read and 
 referred to the Committee on the Bill of Rights : 
 
 Resolved, That Section 6 of Article I be so amended as to read 
 as follows : 
 
 " That the right of trial by Jury shall remain inviolate, and no 
 religious or political test shall ever be required as a qualification to 
 sit on Juries in this State." 
 
 PRINTING RULES, ETC. 
 
 Mr. KENNEDY offered the following resolution, and moved a sus- 
 pension of the rules. 
 
 Resolved, That the Secretary be directed to have one hundred 
 copies of the Constitution of Tennessee and of the United States, 
 with the amendments adopted and proposed thereto, printed under 
 cover with the rules of this body. 
 
 Mr. PORTER, of Henry, demanded the ayes and noes, but with- 
 
78 
 
 drew the call, which was afterwards renewed by Mr. PORTER, of 
 Haywood. The resolution was then put upon its passage and re- 
 sulted as follows : 
 
 Thoe voting in the affirmative are : 
 
 Messrs. Allen, Arledge, Brown, of Davidson, Britton, Byrne, 
 Burton, Brandon, Cummings, Coffin, Campbell, Chowning, Cypert, 
 Dibbrell, Deavenport, Deaderick, Dromgoole, Finley, Fulkerson, 
 Fentress, Fielder, Gibbs, Gordon, Garner, Hill, of Warren, Heiskell, 
 House, of Williamson, Ivie, Kirkpatrick, Kennedy, Kyle, Martin, 
 Mabry, Morris, Meeks, McDougal, McNabb, Nicholson, Seay, 
 Shepard, Stephens, Thompson, of Davidson, Thompson, of Maury, 
 Turner, Taylor, Walters, Williamson and President Brown 47. 
 
 Those voting in the negative are : 
 
 Messrs. Burkett, Branson, Baxter, Brooks, Blizard, Carter, Do- 
 herty, Gaut, Gibson, Gardner, Henderson, Hill of Gibson, Jones of 
 Lincoln, Key, Netherland, Porter of Haywood, Porter of Henry, 
 Parker, Staley, Sample, Shelton, Warner, and Wright 24. 
 
 MEMORIALS. 
 
 Mr. HOUSE, of Williamson, presented a memorial from sundry 
 citizens of Williamson, Maury, and other counties, which was read 
 and referred to the Committee on New Counties and County Lines : 
 
 Mr. THOMPSON, of Maury, presented a memorial from sundry 
 citizens of Maury and Marshall counties, which was referred to 
 the Committee on New Counties and County Lines, without being 
 read. 
 
 AMENDMENTS PROPOSED. 
 
 Mr. WARNER offered the following amendment to the Constitu- 
 tion of this State, which was read and referred to the Committee on 
 Miscellaneous Provisions : 
 
 W T HEREAS, Article V, of the Constitution of the United States, 
 provides that " The Congress, whenever two-thirds of both Houses 
 shall propose amendments to the Constitution, or on the application 
 of the Legislatures of two-thirds of the several States, shall call a 
 Convention for proposing amendments, which in either case shall be 
 valid, to all intents and purposes, as part of the Constitution, when 
 ratified by the Legislatures of three-fourths of the several States, or 
 by Convention in three fourths thereof, as the one or the other mode 
 of ratification may be proposed by Congress. 
 
 AND WHEREAS, It is manifest from said Article V that pro- 
 
79 
 
 posed amendments ought to be ratified or rejected by Legislatures 
 or Conventions, chosen in the several States by the people thereof, 
 after the Congress or the Convention, as the case may be, have 
 prepared such amendment or amendments, to the several States for 
 ratification. 
 
 AND WHEREAS, Amendments have been ratified by Legislatures 
 elected before such amendments were proposed to the several States 
 by Congress, thus preventing the people from having a voice in the 
 election of their Legislatures, with a view of having their wishes 
 and interests regarded in changing or altering the Constitution of 
 the United States; therefore, 
 
 Be it resolved, That the following amendment be proposed to the 
 Constitution of this State : " That when any amendment or amend- 
 ments to the Constitution of the United States shall be proposed to 
 the several States thereof, no Legislature or Convention of this State 
 shall ever ratify such proposed amendment or amendments, unless 
 the Legislature or Convention shall have been elected by the people 
 of this State after the period of time when the Congress or Con- 
 vention of the United States shall have proposed such amendment 
 or amendments to the several States for ratification. 
 
 REPORT OF THE COMMITTEE ON EXECUTIVE DEPARTMENT. 
 
 Mr. JONES, of Lincoln, Chairman of the Committee on the Exe- 
 cutive Department, offered the following report, which was read, 
 laid upon the table, and ordered to be printed : 
 
 The Committoe on the Executive Department have had under 
 consideration the several propositions referred to them, and have in- 
 structed me to report and recommend the adoption of the following 
 amendment, two-wit : 
 
 In Article III, Section 9, of the Constitution of the State of Ten- 
 nessee, strike out the words, "And shall state to them when assembled 
 the purposes for which they shall have been convened," and insert 
 in lieu thereof the words, "In which he shall state to them, specifical- 
 ly, the purposes for which they are to convene," so that it will read : 
 Article III, Section 9. He may, on extraordinary occasions, con- 
 vene the General Assembly by proclamation, in which he shall 
 ritate specifically the purposes for which they are to convene ; but 
 they shall enter on no legislative business except that for which 
 they were specifically called together. 
 
 I am also instructed to report adversely upon all other proposi- 
 tions referred to the Committee. 
 
 Respectfully submitted. 
 
 GEORGE W. JONES. 
 
80 
 
 REPORT OF COMMITTEE ON BILL OF RIGHTS. 
 
 Mr. BAXTER, from the Committee on the Bill of Eights, made a 
 verbal report, asking to be discharged from the 'further considera- 
 tion of sundry petitions referred to them, which was accordingly or- 
 dered by the Convention. 
 
 .LEAVES OF ABSENCE. 
 
 n application of Mr. BURTON, leave of absence was granted him 
 until Tuesday next. 
 
 Mr. ARLEDGE was also granted leave of absence until Tuesday 
 next. 
 
 On motion of Mr. PORTER, of Haywood, the Convention ad- 
 journed until Monday morning, at 10J o'clock. 
 
 MONDAY MORNING, JANUARY 17, 1870, 
 
 The Convention met pursuant to adjournment, Mr. President 
 .BROWN in the Chair. 
 
 Prayer by the Rev. Mr. Sample, a member of this body. 
 The Journal of Saturday was read and approved. 
 
 AMENDMENTS PROPOSED. 
 
 The roll was called for petitions and memorials, when 
 Mr. BURKETT offered the following resolutions, which were read 
 and referred to the Committee on the Judicial Department : 
 
 Resolved,. 1st. That the attention of the proper Committee be 
 tailed to the propriety of presenting such alterations or amendments 
 to our present State Constitution as will provide for the election of 
 only one Justice of the Peace for each Civil District of every County 
 in the State, except in such districts as include a County seat, or shall 
 have over a given number of qualified voters, and that in such Dis- 
 
81 
 
 tricts, so excepted, an additional Justice of the Peace shall be 
 elected. 
 
 2d. That the attention of the proper Committee be called to the 
 propriety of presenting such amendments to the Constitution as 
 will provide that County Courts hold their sessions quarterly, or 
 once only in every three months, looking to legislation that will 
 confer power on the Chairman of the several County Courts to grant 
 letters of administration or testamentary out of term time upon 
 proper qualification of applicants for such letters. 
 
 Mr. BURKETT introduced the following resolution, which was 
 read and referred to the Committee on Franchise and Elections : 
 
 Resolved, That the attention of the proper committee be called to 
 the propriety of combining two or more civil districts, so that the 
 voting population of such combined districts shall not exceed som 
 given number to be presented by such committee, and that such, 
 two or more, combined civil districts shall form a district, which 
 shall elect only one Constable, who shall discharge all the duties 
 now by law made incumbent on the Constables of the said combin- 
 ed districts and in addition thereto, such Constables shall be requir- 
 ed to collect the State and county revenue, due from citizens of such 
 combined districts. 
 
 Mr. BRITTON submitted the following resolution, which was re- 
 ferred to the Committee on the Legislative Department : 
 
 Resolved, That the Committee on the Legislative Department be 
 requested to enquire into and report how far the Constitution should 
 be amended allowing the General Assembly to pass laws authorizing 
 the people of any County, District, incorporated Town, one half or 
 two thirds of the qualified voters in such County, District, or incor- 
 porated Town voting therefor, to prohibit the exercise of privileges 
 within their respective limits. 
 
 RETRENCHMENT AND REFORM. 
 
 Mr. BROOKS offered the following resolution, which lies over un- 
 der the rule : 
 
 Resolved, That the President of this Convention appoint a Spe- 
 cial Committee of seven on Retrenchment and Reform, 
 
 REPORT REQUESTED. 
 
 Mr. BROOKS offered the following resolution, which lies over one 
 day under the rule : 
 
 Resolved, That the Committee on the Franchise be requested to 
 eport their action at as early a day as practicable and consistent 
 with their labors. 
 6 
 
82 
 
 AMENDMENTS PROPOSED. 
 
 Mr. BLIZARD offered the following resolution, which was read 
 and referred to the Committee on the Legislative Department : 
 
 Resolved, That the Constitution of the State of Tennessee be so 
 amended as to provide that the Legislature shall be elected for two 
 years, and that each member shall receive for his services a stated 
 salary of one thousand dollars in lieu of all other pay or allow- 
 ance to be made to him ; Provided, that four dollars per day of the 
 salary of any member absenting himself from the Legislature 
 during its sessions, without leave of the House of which he is a 
 member, shall be withheld upon the final settlement of his account. 
 
 IMPEACHMENT OF JUDGE FHAZIER. 
 
 Mr. BAXTER offered the following preamble and resolutions, 
 which, the House refusing to supend the rules, lies over for one 
 day : 
 
 WHEREAS, the House of Representatives of this State on day 
 
 of , 1867, exhibited articles of impeachment against the 
 
 Honorable Thomas N. Frazier, Judge of the Criminal Court of 
 Davidson County, for alleged high crimes and misdemeanors, upon 
 which he was subsequently arraigned before and tried by the Senate, 
 sitting as a High Court of Impeachment, found guilty, removed 
 from his office and disqualified from ever thereafter holding any 
 office in this State ; and 
 
 WHEREAS, In the opinion of this Convention, the said Thomas 
 N. Frazier, was an honest, upright, just and able Judge ; that his 
 judgment complained of in said articles of Impeachment, was not 
 only dictated by honest convictions of duty, but was a just and cor- 
 rect exposition of the law involved in the case ; and that said Im- 
 peachment, trial, conviction and judgment of disqualification, 
 originated in a corrupt conspiracy, and was conducted to a final 
 conclusion for the accomplishment of partizan purposes ; It is, 
 therefore 
 
 Resolved, That a Select Committee of five be appointed to pre- 
 pare and report, to this Convention, an article to be incorporated 
 into the Constitution, relieving the said Thomas N. Frazier from 
 the disabilities imposed upon him by the conviction and judgment 
 aforesaid. 
 
 THE ORGANIZATION OF THE LEGISLATURE. 
 
 Mr. CAMPBELL submitted the following amendments to the Con- 
 stitution of the State, which were read and referred to the Com- 
 mittee on the Legislative Department : 
 
83 
 
 Resolved, That the Legislature of the State of Tennessee shall 
 consist of ninety members ; thirty of whom are to be Senators. 
 
 Resolved, That the State be laid off into fifteen (15) Senatorial 
 Districts, from each of which, two (2) Senators shall be elected. 
 
 Resolved, That the Senators shall be elected by freeholders (of 
 
 value $ ) in their respective Districts; that the Senators first 
 
 elected, shall be elected for nine (9) years ; that on the first conven- 
 ing of the Senate the Senators shall be classed into three (3) classes; 
 the term of service of the first class, shall expire at the expiration 
 of three (3) years, from date of election ; the second class at the 
 end of six (6) years, and the third class at the expiration of nine 
 (9) years, so that one-third be elected every third year, and in case 
 of vacancy in either class, the vacancy to be filled by special election. 
 
 Resolved, That an election for Senators and Representatives be 
 held on the first Thursday in August, 1871, and ever thereafter tri- 
 ennially on the first Thursday in August. 
 
 Resolved, That the House of Representatives be elected by the 
 qualified voters of the respective Counties and Districts, based upon 
 the voting population. 
 
 Resolved, That after the first session of the General Assembly, the 
 sessions of the General Assembly shall be limited to ninety (90) 
 days; the Governor to convene the Legislature for special purpose 
 and legislation to be confined to that purpose. 
 
 Resolved, That no person be eligible for Senator until he is thirty- 
 five (35) years of age, and for member of the House until twentv- 
 eight (28) years of age. 
 
 Resolved, That no person who has heretofore been convicted of 
 any crime, punishable by confinement in the Penitentiary., or who 
 vshall hereafter be convicted of any crime punishable by confinement 
 in the Penitentiary, shall ever be entitled to vote. 
 
 Resolved, That the House of Representatives have the sole right 
 of originating bills for laying and collecting taxes ; subject to be 
 amended or rejected by the Senate. 
 
 EXECUTIVE DEPARTMENT. 
 
 Mr. CAMPBELL submitted the following propositions to amend 
 the Constitution of the State, which were read and ordered to lie on 
 the table : 
 
 Resolved, That on the first Thursday in August, 1.S71, the 
 Governor be elected, and ever thereafter on the first Thursday in 
 August every fourth year; and shall hold office until Iris suc- 
 cessor is elected and qualified, (the oath of office of Governor to be 
 administered by any Judge of the Courts.) 
 
 Resolved, That no one shall be eligible to the office of <4,>\vrnor 
 until he has arrived at the age of 35 and shall have been a citizen 
 
84 
 
 of the State of Tennessee three years next preceding the day of his 
 election. 
 
 Resolved, That there be an election for Lt. Governor on the same 
 day (Governor's election,) who shall possess the same qualifications 
 as Governor: TheLt. Governor shall be ex-officio President of the 
 Senate, but shall have no vote except in a tie vote of Senators. In 
 event of death, resignation, removal from office, or absence from the 
 State, the Lt. Governor shall discharge the duties of Governor. 
 
 Resolved, That the Governor, by and with the advice and consent 
 of the Senate, appoint the Judges, Chancellors, Justices of the Peace, 
 Secretary of State, Comptroller of the State, Secretary, Treasurer, 
 Attorney General for State and District Attorneys General, two- 
 thirds of the Senators elected concurring therein. 
 
 JUDICIAL DEPARTMENT. 
 
 Mr. CAMPBELL submitted the following propositions to amend 
 the Constitution of the State, which were read and referred to the 
 Committee on the Judicial Department: 
 
 Resolved, That there be instituted a Court of Appeals in Law, 
 consisting of three (3) Judges, one of whom shall be Chief Justice 
 of that Court. 
 
 Resolved, That there be established a Court of Appeals in Equity., 
 consisting of four Judges, one of whom shall be Chief Justice of 
 that Court. 
 
 Resolved, That the Judge* of Courts of Appeals, in Law and 
 Equity, shall constitute a Supreme Court of the State of Tennessee 
 for the correction of errors in Law and Equity : That the Chief 
 Justice of the Court of Appeals in Equity shall be Chief Justice of 
 the Supreme Court and that said Supreme Court hold its sessions 
 once a year in the city of Nashville. 
 
 Resolved, That the Court of Appeals in Law shall be held in each 
 of the Grand Divisions of the State, at such times and place as the 
 Legislature shall prescribe. 
 
 Resolved, That the Court of Appeals in Equity shall be held in 
 each of the three Grand Divisions of the State, at such times and 
 places as the Legislature shall prescribe. 
 
 Resolved, That Appeals in the nature of writs of Error, Appeals 
 and Writs of Error, shall lie from the Court of Appeals in Equity 
 and the Court of Appeals in Law to the Supreme Court for correction 
 of Errors in Equity and Law, and causes may be transferred from 
 either of the Courts of Appeals into the Supreme Court for final 
 determination under such rules and regulations as the Legislature 
 may prescribe. 
 
 Resolved, That there be established in each county in the State, 
 except Davidson and Shelby Counties, one Court of Law, to be 
 styled the Circuit Court, to hold its sessions twice a year; that 
 
85 
 
 causes in said Circuit Court shall be tried under such rules and re- 
 gulations as the Legislature may prescribe at the first term after 
 commencing suit that the forms of action and pleading in said 
 Circuit Courts shall be such as were used and practiced in said 
 Courts prior to the 1st day of October, 1851, except in the action of 
 ejectment. 
 
 Resolved, That the Legislature, by law, require the Judges to in- 
 terchange, so that no one of the Judges will hold more than one 
 Court in the County in one year. The Counties of Davidson and 
 Shelby may be divided into as many Circuits and Chancery Dis- 
 tricts as may be deemed necessary. 
 
 Resolved, That there be established and held one Chancery Court 
 in each Law Circuit ; that the Legislature shall provide, by law, 
 for the appointment of Clerks and Masters in Chancery, to reside 
 at the respective county seats, with the authority of the Clerk and 
 Master at the place where the Court is held, for the convenience of 
 the people for that particular County. 
 
 Resolved, That there be established in each County a Court 
 styled the Court of Common Pleas of that County ; that the Court of 
 Common Pleas possess such jurisdiction as is now exercised by the 
 Quorum Courts ; that the said Court be held by one Judge, who shall 
 preside over the meetings of the Quarterly Courts, have power to as- 
 sess taxes, etc., and be financial agent of the County under such rules 
 and regulations as are now prescribed for the action of the Judges 
 and Chairmen of the present County Courts as now prescribed by 
 
 law, and as may be prescribed by law, and his salary to be , 
 
 and paid by the County. That said Court of Common Pleas shall 
 have exclusive jurisdiction of all causes of action arising ex con- 
 iractu, to the amounts of from $100 to $500, and exclusive and 
 original jurisdiction of all causes of action arising ex delicto, from 
 $50 to $200. That the mode of proceeding may be prescribed by 
 the Legislature. 
 
 Resolved, That the Judges, Chancellors and Justices, be appointed 
 during good behavior; that the Clerks of the several Courts be ap- 
 pointed by the Courts to hold during good behavior, and that the 
 salary of Judges and Chancellors shall not be diminished while in 
 office. 
 
 Resolved, That the Court of Appeals in Law, and the Court 
 of Appeals in Equity, and the Supreme Court, shall have original 
 jurisdiction to issue writs of mandamus. 
 
 Mr. GIBSON submitted the following propositions to amend the 
 Constitution of the State, which were read and referred to the 
 Committee on Miscellaneous Provisions : 
 
 Section . A tax of twenty-five cents on every taxable poll, and 
 twenty-five cents on every one hundred dollars' worth of taxable 
 property in this State is hereby levied for each and every year for- 
 
86 ^ 
 
 ever, and shall be collected each year in the same manner, at the 
 same time, and by the same officer as and by whom the State taxes 
 are collected, and shall be by such officers deposited with the State 
 Treasurer, who shall pay over the same to the several Counties of 
 the State, in proportion to their respective populations, between 
 eight and eighteen years of age. The money thus collected and de- 
 posited shall never be applied or used for any purpose other than 
 the maintenance and support of free schools ; and the Legislature 
 is hereby commanded to pass all necessary laws to effectuate the ob- 
 jects of this Section. But should the Legislature fail or refuse to act 
 as commanded, then the said Revenue Officers shall collect and de- 
 posit the said tax as aforesaid, and the State Treasurer shall appor- 
 tion said money thus collected and deposited among the several 
 Counties as aforesaid, and shall, without unnecessary delay, pay 
 over said apportionment to such person or persons as have general 
 charge of the financial interests of such Counties, to be by them 
 disbursed in the maintenance of free schools in their respective 
 Counties : Provided, That in making his apportionment, the State 
 Treasurer shall be governed by the last reliable enumeration of the 
 scholastic population in each County : And provided further, That 
 each of said officers, whose duty it is under this Section, to collect, 
 deposit, pay over or disburse said money, or any part thereof, shall 
 be and are hereby made liable on their respective official bonds, for 
 any failure, default, delay or malfeasance, in discharging the duties- 
 herein and hereby imposed, and may be proceeded against sum- 
 marily by motion by any citizen in any Court of original jurisdic- 
 tion in the County where such default, failure, delay or malfeasance, 
 may have occurred ; and such summary proceeding shall be heard 
 and decided by the Court upon its merits without a jury, and no- 
 other form shall be necessary than five days' notice in writing : 
 And provided still further, That nothing in this or any other Sec- 
 tion of this Constitution shall be so construed as to prohibit or 
 prevent the Legislature or any County from levying an additional 
 tax or taxes for the support and maintenance of free schools and 
 academies. 
 
 Mr. KIRKPA TRICK submitted the following resolution, which was 
 read and referred to the Committee on the Legislative Department : 
 
 Resolved, That the General Assembly shall have no power, at 
 any time, to call into question the validity of the public debt of 
 this State, 
 
 Mr. MARTIN submitted the following amendments to the Con- 
 stitution, which were read and referred to the Committee on Fran- , 
 chise and Elections : 
 
 Resohed, That Article IV, Section 4, be amended to read as fol- 
 
 ICWH: 
 
87 
 
 " Section 4. Electors shall, in all elections, vote viva voce, and the 
 General Assembly shall enact all necessary laws for carrying this 
 provision into effect." 
 
 In all elections to be made by the General Assembly, or either 
 House thereof, the votes of the several members voting shall be 
 entered on the Journal. 
 
 Mr. MC'^ABB offered the following resolution, which was read 
 and referred to the Committee on New Counties and County Lines : 
 
 Resolved, That in the formation of new Counties in the State of 
 Tennessee, no part of any old County shall be stricken off only by 
 the consent of the qualified voters of said old County or Counties, 
 and that a majority of the votes polled in such elections shall 
 carry. 
 
 Mr. McNABB offered the following resolution, which was read 
 and referred to the Committee on Miscellaneous Provisions : 
 
 Resolved, That no County seat in any County in the State 
 of Tennessee, shall be moved only by a vote of -the people qualified 
 to vote, and that a majority of the votes polled shall carry. 
 
 Mr,,AMPLE offered the following resolution, which was read and 
 referred to the Committee on the Judicial Department : 
 
 Resolved, That the Legislature may, by law, empower the County 
 Courts to have Grand and traverse Juries, and to have power to 
 try all cases of petit larceny and assault and battery ; petit larceny 
 to extend to $25, but no higher ; and the Legislature shall, by law, 
 prescribe the penalties of those crimes, and the Court have power 
 to inflict it ; said Court to consist of at least three Magistrates. 
 
 Mr. THOMPSON, of Davidson, submitted the following resolu- 
 tion : 
 
 Be it resolved, That the following provision be inserted in the 
 Bill of Rights : 
 
 " Any proscribed class of citizens in the community is contrary 
 to the genius of a free government. No citizen of this State shall 
 ever be disfranchised of any civil or political rights, except by im- 
 peachment or conviction of infamous crime in a Court of Record. " 
 
 Which was referred as directed. 
 
 Mr. WARNER submitted the following resolution, which was 
 read and referred to the Committee on Finance, Internal Improve- 
 ments and Incorporations : 
 
 Resolved, That the Committee on Internal Improvements inquire 
 as to what railroads are in default, and what disposition this Con- 
 vention shall make of the defaulting railroads. 
 
Mr. WARNER submitted the following resolution, which was read 
 and referred to the Committee on Finance : 
 
 Resolved, That the Committee on Finance inquire into and re- 
 port what bonds of the State are bona fide, and what ones are not, 
 and that the State be required to pay only such bonds as are just 
 and bona fide. 
 
 Mr. DROMGOOLE submitted the following, to be added to the Bill 
 of Rights : 
 
 No power can legitimately deprive the people of this State from 
 defining the qualifications of their own electors. 
 
 BILL OF RIGHTS CONSIDERED. 
 
 On motion of Mr. Brown, of Davidson, the report of the Com- 
 mittee on Bill of Rights was taken up and considered ; 
 
 Whereupon, Mr. Jones, of Lincoln, offered the following amend- 
 ment: 
 
 Insert after the word Convention, in line 12, "passed in obe- 
 dience to the declared will of the voters of the State as expressed at 
 the general election of August, in the year of our Lord one thous- 
 sand eight hundred and thirty-three." 
 
 Mr. GIBSON submitted the following in lieu of the preamble : 
 We the people of the State of Tennessee, in order to organize 
 
 liberty, secure justice, and protect property, do ordain and establish 
 
 this Constitution for our government." 
 
 After discussion, Mr. Gibson withdrew his substitute. 
 Mr. STEPHENS submitted the following amendment : 
 After the word "and" in the 15th line, add the words "Said 
 Convention did accordingly meet and form a Constitution, which 
 was submitted to the people and ratified by them the first Friday in 
 March, 1835." 
 
 And the amendment was adopted. 
 
 Mr. CAMPBELL submitted the following amendments : 
 
 Resolved, That the 3d section of the Preamble be so amended as 
 to read as follows : 
 
 WHEREAS, The General Assembly of said State of Tennessee, 
 under and in virtue of the first Section of the first Article of the 
 Declaration of Rights, contained in and forming a part of the ex- 
 isting Constitution of the State, by an act passed on the 15th day 
 of November, in the year of our Lord one thousand eight hundred 
 and sixty-nine, the people of the State did, by a vote at an election, 
 held on the 18th day of December, 1869, determine to call a Con- 
 
vention to meet at Nashville, on the 2d Monday in January, in the 
 year of our Lord one thousand eight hundred and seventy, and 
 elected delegates thereto for the purpose of amending, revising, or 
 forming and making a new Constitution. 
 
 Mr. PORTER, of Hay wood, submitted the following resolution : 
 Resolved, That the 4th section of the Preamble be so amended as 
 to dispense with the word " authorize " altogether. 
 
 Mr. PORTER subsequently withdrew his resolution. 
 Mr. GARDNER offered the following, in lieu of Mr. Campbell's : 
 In the 19th and 20th lines strike out the following : 
 " Entitled an act to authorize the people to call a Convention and 
 for other purposes, did authorize the people of the State to call a 
 Convention," and insert in lieu thereof the following : " Provide 
 for the calling of a Convention by the people of the State." 
 
 Mr. THOMPSON, of Davidson, offered the following, in lieu of 
 Mr. Campbell's and Mr. Gardner's : 
 
 Resolved, That after the word " did," at the end of the nineteenth 
 line, the word " authorize " be stricken out, and the following in- 
 serted in lieu thereof: " In obedience to the expressed will of the 
 people provide a mode for." 
 
 Which was rejected by the Convention. 
 
 Mr. BROWN, of Davidson, submitted the following amendment to 
 the proposition of Mr. Gardner, which was accepted : 
 
 " Provide for the calling of a Convention by the people." 
 
 And the amendment as amended was adopted by the Conven- 
 tion. 
 
 Mr. GARDNER proposed to amend as follows : 
 
 In the 21st line strike out the words, "and to elect delegates," 
 and insert the words " for the election of delegates." 
 
 Which was adopted. 
 
 Mr. GARNER submitted the following amendments : 
 
 After the word " mode," in line 23, strike out, " Authorized by 
 said act have called said Convention and elected delegates," and in- 
 sert, " Provided for by said act, did on the eighteenth day of Decem- 
 ber, in the year of our Lord one thousand eight hundred and sixty- 
 nine, at a general election, call said Convention and elected dek- 
 gates ' 
 
 Mr. PORTER, of Henry, offered the following in lieu of Mr. 
 Garner's which was accepted and adopted by the Convention : 
 WHEREAS, The people of the State, in the mode prescribed by 
 
90 
 
 said act, have called said Convention and elected delegates to repre- 
 sent them therein. 
 
 Mr. NICHOLSON offered the following amendments, which were 
 adopted : 
 
 In line 22, after "amending," insert or, and after " revising/ 7 in- 
 sert the present Constitution ; after " or n insert o/, so that it will 
 read : 
 
 "Amending or revising the present Constitution, or of forming 
 and making a new Constitution. 
 
 On motion of Mr. THOMPSON, of Davidson, the Convention ad- 
 journed until to-morrow morning, at 10 o'clock. 
 
 TUESDAY MORNING JANUARY 18, 1870. 
 
 The Convention met pursuant to adjournment, Mr. President 
 BROWN in the Chair. 
 
 Prayer by the Rev. Mr. KELLY. 
 
 The Journal of yesterday was read and approved. 
 
 The President announced that the unfinished business of yester- 
 day was the order of the day. 
 
 On motion of Mr. Baxter, the order of the day was set aside to 
 permit the introduction of memorials and petitions. 
 
 AMENDMENTS PROPOSED. 
 
 Mr. GARDNER submitted the following amendments to the Consti- 
 tution of the State, which were read and referred to the Committee 
 on Miscellaneous Provisions : 
 
 Resolved, That the Committee on Miscellaneous Provisions be in- 
 structed to prepare and report an amendment to section 3, of Article 
 XI, as an addition to said section, in substance as follows : 
 
 The Legislature shall have the right, at any time, by law, to sub- 
 
91 
 
 mit to the people the question of calling a Convention to alter, re- 
 form, or abolish this Constitution ; and when, upon such submission, 
 a majority of the votes cast shall be in favor of said proposition, the 
 delegates shall be chosen, and the Convention shall assemble in 
 such mode and manner as shall be prescribed by law. 
 
 MISCELLANEOUS. 
 
 Mr. HOUSE, of Williamson, offered the following resolution : 
 Resolved, That the Door-keeper be instructed to purchase two 
 filters for the use of the Convention. 
 
 On motion of Mr. House, the rules were suspended, and the reso- 
 lution was adopted. 
 
 MEMORIALS. 
 
 Mr. KIRKPATRICK presented a communication in relation to the 
 establishment of the County of Powell, which, without being read, 
 was referred to the Committee on New Counties and County Lines. 
 
 Mr. SAMPLE presented a memorial from a large number of the 
 citizens of Grainger, Hawkins, Jefferson, Greene, and Cocke Coun- 
 ties for the establishment of a new County, which was read and re- 
 ferred to the Committee on New Counties and County Lines. 
 
 AMENDMENTS PROPOSED. 
 
 Mr. SAMPLE submitted the following resolution, which was read 
 and referred to the Committee on New Counties and County Lines : 
 
 Resolved, That a new County may be formed out of territory to 
 be taken from the Counties of Jefferson, Grainger, Hawkins, Greene 
 and Cocke, to contain not less than 250 square miles, and have in 
 its bounds 1000 qualified voters ; and lines of said new County 
 not to approach nearer to the old County seats or Courthouses than 
 ten miles. Provided, The' residents of said new County assume their 
 proportionable part of the debts of the Counties from which they 
 are taken. 
 
 MEMORIAL. 
 
 Mr. WARNER presented a memorial from sundry citizens of Mar- 
 shall, Williamson and Rutherford Counties, praying for the estab- 
 lishment of a new county and county lines. 
 
92 
 
 REPORT ON THE FRANCHISE. 
 
 Mr. NICHOLSON, from the Committee on Elections and the Right 
 of Suffrage, submitted the following : 
 
 The Committee on Elections and Right of Suffrage have consid- 
 ered the several propositions referred to them on the subject of the 
 Elective Franchise, and have instructed me to make the following 
 report : 
 
 REPORT. 
 
 1. A majority of the Committee recommend that the Elective 
 Franchise shall not be withdrawn from the colored men, but that 
 they shall be secured in the continued exercise thereof. 
 
 2. A majority of the Committee have rejected the proposition to 
 submit the question of suffrage by colored persons, as an indepen- 
 dent proposition, separate and apart from all others. 
 
 3. A majority of the Committee recommend that the payment of 
 such poll taxes as may be assessed by law, shall be made a condition 
 precedent to the exercise of the elective franchise. 
 
 4. A majority of the Committee recommend that the General 
 Assembly be empowered to pass laws for requiring voters to vote in 
 the election precincts in which they may reside, and to secure the 
 freedom of elections and the purity of the ballot box. 
 
 For the purpose of carrying out the conclusions of the Commit- 
 tee, a majority of them recommend that the following be adopted 
 by the Convention, in lieu of Section 1, Article IV, of the present 
 Constitution, viz : 
 
 ARTICLE IV. 
 
 Sec. 1. Every man of the age of twenty-one years, being a citi- 
 zen of the United States, and a citizen of the county wherein he 
 may offer his vote six months preceding the day of election, shall 
 be entitled to vote for members of the General Assembly, and other 
 civil officers for the county or district in which he resides ; and 
 there shall be no qualification attached to the right of suffrage, ex- 
 cept that each voter shall give to the Judges of the election, where 
 he offers to vote, satisfactory evidence that he has paid the poll 
 taxes then due by him, without which his vote cannot be received : 
 And all male citizens of the State shall be subject to the payment 
 of poll taxes and to the performance of military duty, within such 
 ages as may be prescribed by law , Provided, That the General As- 
 sembly shall have power to enact laws requiring voters to vote in 
 the election precincts in which they may reside, and laws to secure 
 the freedom of elections and the purity of the ballot box. 
 
 On motion of Mr. NICHOLSON, the report of the Committee was 
 laid on the table. 
 
93 
 
 BILL OF RIGHTS FURTHER CONSIDERED. 
 
 The Convention proceeded to the consideration of the report of 
 the Committee on Bill of Rights. 
 
 Sections 1, 2 and 3 were adopted. 
 
 Mr. KIRKPATRICK proposed the following amendment to Sec- 
 tion 4 : 
 
 " Except as now provided by Section 3, of the Fourteenth Amend- 
 ment to the Constitution of the United States." 
 
 On motion of Mr. WRIGHT, the amendment of Mr. Kirkpatrick 
 
 was laid on the table. 
 
 Mr. HEISKELL submitted the following amendment to Section 4 : 
 " That no religious test, or any oath relating to conduct prior to 
 
 the administration thereof, shall ever be required as a condition to 
 
 the exercise of the right of suffrage, or holding any office or public 
 
 trust in this State ;"' 
 
 Which was rejected by the Convention. 
 
 Section 4 was then adopted. 
 
 Section 5 was passed over informally. 
 
 Mr. HOUSE, of Davidson, Robertson and Montgomery, offered 
 the following amendment to Section 6 : 
 
 " And no political test shall ever be prescribed by the Legislature 
 as a qualification for jurors," so that said section shall read as fol- 
 lows : 
 
 The right of trial by jury shall remain inviolate, and no politi- 
 cal test shall ever be prescribed by the Legislature as a qualification 
 far jurors. 
 
 Mr. TURNER offered the following in lieu of the amendment of 
 Mr. House: 
 
 Sec. 6. That the right of trial by jury shall remain inviolate, 
 " and no religious or political test shall ever be required as a quali- 
 fication for jurors." 
 
 Which was accepted by Mr. House. 
 
 Mr. GIBSON moved to amend the amendment of Mr. Turner, as 
 follows : 
 
 Insert " other than the ordinary juror's oath at Common Law," 
 between words " test " and " shall." 
 
 On motion of Mr. FULKERSON, the amendment of Mr. Gibson 
 was laid on the table. 
 
94 
 
 Mr. SEAY offered the following amendment in lieu of Mr. Tur- 
 ner's : 
 
 Resolved, That Section 6, Article I, be amended so as to read as 
 follows : 
 
 That the right of trial by jury shall remain inviolate, and no re- 
 ligious or political test shall ever be required, either directly or in- 
 directly, as a qualification to sit on juries in this State. 
 
 On motion of Mr. FULKERSON, the amendment of Mr. Seay was 
 laid on the table. 
 
 The amendment of Mr. TURNER was adopted, and the section as 
 amended was adopted by the Convention. 
 
 Sections 7 and 8 were adopted without amendment. 
 
 Mr. BUKTON proposed the following amendment to Section 9 : 
 Resolved, That Section 9, of the amended Bill of Rights reported 
 
 by the Committee, be amended by striking out all the words 
 
 therein printed in italics. 
 
 Mr. BROWN, of Davidson, submitted the following additional 
 amendment : 
 
 Provided, That the venue shall not be changed in behalf of the 
 State in any instance, until the whole panel of the County shall be 
 exhausted. 
 
 Mr. TURNER offered the following in lieu of the pending amend- 
 ments : 
 
 Inserting after the word offense, "Provided, That the State shall 
 not change the venue unless a panel of two-thirds of the qualified 
 jurors ot the county has been exhausted, nor shall the venue be 
 changed to any other than an adjoining county." 
 
 On motion of Mr. BAXTER, all of the pending amendments, ex- 
 cept the motion to strike out, were laid on the table. 
 
 Mr. GARDNER offered the following amendment : 
 
 Strike out in the 5th and 6th lines the words, " for a good cause 
 to another;" and insert "because an impartial jury cannot be em- 
 panneled in the county where the offender is arraigned, to an ad- 
 joining;" and strike out the words " or district," in the 6th line. 
 The section will then read "Unless the venue shall be changed, because 
 after an actual and honest effort to make one, an impartial jury can 
 not be empanneled in the county where the offender is arraigned, to 
 an adjoining county, in the mode to be prescribed by a general pub- 
 lic law, passed before the alleged commission of the offense. 
 
95 
 
 Mr. KIRKPATRICK submitted the following amendment to Mr. 
 Gardner's amendment : 
 
 " To the nearest county free from like objection." 
 
 On motion of Mr. BLIZARD, the amendments were laid on the 
 table. 
 
 Mr. KENNEDY demanded the previous question, which was sus- 
 tained. 
 
 Mr. THOMPSON, of Davidson, submitted the following, which 
 was read for information : 
 
 Be it resolved, That Section 9, of the Bill of Rights, be amended 
 by adding the following : 
 
 But where the offense shall have been committed within one- 
 fourth of a mile of a county line, the trial may be had either in the 
 county where it was committed, or in the county nearest to the 
 place where the offense was committed. 
 
 The question recurring on Mr. BURTON'S proposition to strike 
 out, 
 
 Mr. BURTON demanded the yeas and nays, which were ordered, 
 and the resolution to strike out sustained. 
 
 Those voting in the affirmative were : 
 
 Messrs. Allen, Brown of Davidson, Branson, Burton, Cummings, 
 Campbell, Carter, Dibbrell, Deavenport, Deaderick, Dromgoole, 
 Finley, Fentress, Fielder, Gibson, Gibbs, Gordon, Garner, Hill of 
 Warren, Hill of Gibson, Heiskell, House of Davidson, Robertson 
 and Montgomery, Jones of Lincoln, Kennedy, Kyle, Mabry, 
 Meeks, Netherland, Porter of Henry, Parker, Seay, Shepard, 
 Stephens, Shelton, Thompson of Davidson, Thompson of Maury, 
 Taylor, Wright, Williamson and Warner 39. 
 
 Those voting in the negative were : 
 
 Messrs. Arledge, Burkett, Baxter, Britton, Brooks, Byrne, Bliz- 
 ard, Brandon, Bate, Coffin, Chowning, Cypert, Doherty, Fulkerson, 
 Gaut, Gardner. Henderson, House of Williamson, I vie, Jones of 
 Giles, Kirkpatrick, Key, Martin, Morris, McDougal, McNabb, 
 Nicholson, Porter of Haywood, Sample and Turner 30. 
 
 On motion of Mr. HEISKELL the words " or Districts " were 
 stricken out, and the 9th Section, as thus amended, was adopted by 
 the Convention. 
 
 On motion of Mr. FENTRESS, the Convention adjourned until to- 
 morrow morning at 10 o'clock. 
 
96 
 
 WEDNESDAY MORNING, JANUARY 19, 1870. 
 
 The Convention met pursuant to adjournment, Mr. President 
 BROWN in the Chair. 
 
 Prayer by the Rev. Dr. MOORE. 
 
 The Journal of yesterday was read and approved. 
 
 AMENDMENTS PROPOSED. 
 
 The roll was called for memorials and petitions, when Mr. KYLE 
 submitted the following resolutions, which were read and referred 
 to the Committee on the Judiciary : 
 
 Resolved, That the Judiciary Committee inquire into and make 
 such alterations or amendments to our existing State Constitution 
 so as to provide for the election of only one Justice of the Peace in 
 each Civil District in the various Counties of the State, except the 
 Town Districts, where there shall be two. 
 
 2. That the said Committee be directed to inquire into the pro- 
 priety of so reorganizing our present County Court system, as to 
 increase their jurisdiction over all misdemeanors, and of making 
 petit larceny a misdemeanor; and in default of the payment of 
 fines and costs, the said Court shall have power to force payment 
 either in a County work-house or public roads of the County. 
 
 3. That each County Court in the State shall have the power to 
 elect a Prosecuting Attorney, whose duty it shall be to prosecute 
 all misdemeanors, receiving the fees now fixed, or that may here- 
 after be fixed by law. 
 
 That the fees of Magistrates be increased. 
 
 Mr. WARNER submitted the following resolutions, which were 
 read and referred to the Committee on New Counties and County 
 Lines : 
 
 Resolved, That the Committee on New Counties and County 
 Lines inquire into the propriety of establishing a new County out 
 of the North part of Marshall, North-west part of Bedford, South- 
 west part of Rutherford, South part of Williamson, and East part 
 of Maury, to consist of an area of not less than two or three hun- 
 dred square miles, and containing a voting population of not less 
 than eight hundred or one thousand. 
 
 Resolved further , That in forming said new County, the line (*r 
 lines shall not run nearer the County sites of the old Counties than 
 
97 
 
 ten miles, and that neither one of the old Counties mentioned shall 
 be reduced in area less than three hundred square miles. 
 
 Resolved further, That this shall be left to the qualified voters liv- 
 ing within the fractions out of which the new County is to be 
 formed, whether or not they want or will have said new County, 
 and if a majority of the voters contained therein vote for the same, 
 then the same may be established. 
 
 Resolved, That the said Committee also inquire into the pro- 
 priety of taking off from the County of Giles, on the North part 
 adjoining Marshall County, fifty square miles, and adding the same 
 to said Marshall : Provided, however, That a majority of the quali- 
 fied voters in said fraction shall vote in favor of the same. 
 
 Resolved further, That in taking off said fraction the line shall 
 not run nearer the County site of Giles County than ten miles, and 
 the area of said County of Giles shall not be reduced to less than 
 five hundred square miles. 
 
 Resolved further, That as soon as this Constitution is adopted, 
 the Legislature shall fix the time and place, and prescribe the man- 
 ner of voting, consistent with the above, for the new County or 
 against it, and for the fraction of Giles to come to Marshall or 
 against it. 
 
 Resolved further, That as soon as the vote has been taken, as 
 above specified, if a majority of the various fractions shall vote for 
 a new County, if a new County can be had according to the afore- 
 said specifications, then the lines may be run and the County laid 
 off and established ; and if the majority of the fraction from Giles 
 shall vote to come into Marshall, then the line shall be run in ac- 
 cordance with the rules or lines above specified, and if in accord- 
 ance therewith the same can be done, then the same shall be a part 
 of Marshall. 
 
 MINORITY REPORT ON THE ELECTIVE FRANCHISE. 
 
 Mr. FENTRESS, from the Minority of the Committee on Elec- 
 tions and Franchise, made the following report, which was read, and 
 150 copies of it and the Report of the Majority ordered to be 
 printed : 
 
 We, the undersigned, members of the Committee on Elective 
 Franchise, beg leave to submit the following report, to-wit : 
 
 We cannot concur with the Majority of the Committee in drawing 
 a black line across the word " white " in the Constitution of Ten- 
 nessee, and in their action, refusing to submit the question of 
 negro suffrage to be voted upon as a separate proposition by the 
 people. 
 
 We hold that the negro race is the lowest order of human beings, 
 incapable in themselves of a virtuous, intelligent or free govern- 
 7 ^ 
 
98 
 
 ment ; and for the truth of this, we appeal to history, and challenge 
 the world to show a single exception. 
 
 We hold that the inferiority of the negro to the white man, in 
 race, color and capacity for permanent, well-ordered government, 
 has been fixed by Him, who " doeth all things well," and whose 
 natural or revealed law has never been violated by any human gov- 
 ernment without disaster and confusion. The proud Castilian vio- 
 lated this natural law, when, instead of recognizing in the body 
 politic, the distinction which God had made between him and the 
 Aztec, the Indian and the negro, he made them politically equal, 
 and swift destruction came upon him, insomuch that his pure blood 
 cannot now be traced in the mongrel, miscegenating horde, who, by 
 never-ceasing revolution and civil strife, desolate the rich and beau- 
 tiful lands of Mexico. 
 
 We hold that the elective franchise is the highest crowning right 
 which can be held by a freeman ; the which, w r hen a man shall be 
 legally entitled to enjoy, there doth necessarily follow those inci- 
 dentals the right to sit on juries, to hold office, and (what is more 
 terrible to contemplate) the right to social equality and intermar- 
 riage. 
 
 We hold that this Convention should not be moved by fear of ar- 
 bitrary power, to shut their eyes to the light of experience, and 
 falling in with the fanaticism of the hour, deny the truth, and 
 blindly rush, in defiance of the natural law of God, to the confusion 
 of our race, and destruction of the government our fathers left us. 
 
 We hold that the people of Tennessee have the right to consider 
 this tremendom question for themselves, as a separate, distinct prop- 
 osition, as the people of New York, Ohio, Michigan, Minnesota, 
 Colorado, Kansas, Missouri and Connecticut, have lately done ; and, 
 having considered it in all its bearings, to decide it for themselves, 
 free from the incumbrance of any other questions ; and that any at- 
 tempt by this Convention to prevent a fair expression of their will, 
 by refusing to allow the people to vote upon it as a separate ques- 
 tion, will be a gross violation of the rights of the people, and of the 
 principles of republican and democratic government ; especially so 
 iti this case, because no expression of the will of the people, or gen- 
 eral discussion upon it was had, pending the election, in a large 
 majority of the Districts, represented by Delegates in this Conven- 
 tion ; and, in a great many, the question was not even mentioned, 
 and deliberate discussion was impossible in the brief time between 
 the call of the Convention and election of Delegates ; therefore, 
 
 In behalf of the people of Tennessee, and in view of the fact 
 that no Convention of any State in the United States has refused to 
 submit this question as a separate proposition back to the people, 
 and following the precedent of the States above mentioned, and in 
 order that due discussion and deliberation, and the light of events 
 which may transpire between the adjournment of this Convention 
 
99 
 
 and the time fixed for the vote of the people, may be had; having 
 also the utmost confidence that when said subject has been dis- 
 cussed, deliberated upon and weighed, the people will do right. 
 ]t is recommended that this Convention adopt the following, to-wit : 
 That on the- - day of - -, A. D. 18 , the polls shall be 
 opened at the respective voting places in each County in this State, 
 by the proper officers; and those who are in favor of extending the 
 right of suffrage to the negro equally with the white man, shall have 
 printed or written on their ballots, " negro suffrage/' and those who 
 are opposed to the negro being allowed equally with the white man 
 the right of the elective franchise, shall have written or printed on 
 their ballots, " white suffrage ," and in case a majority of the quali- 
 fied electors vote in said election " negro suffrage," then the word 
 " white" in the first line of Article IV, Section 1, of the Constitu- 
 tion of Tennessee, shall be stricken out ; but if a majority of said 
 electors shall vote '' white suffrage," then said section shall read as 
 follows, to-wit : " Every free white man, of the age of twenty-one 
 years, being a citizen of the United States, and a citizen of the 
 county wherein he may offer his vote, six months next preceding the 
 day of election, shall be entitled to vote for members of the General 
 Assembly and other civil officers for the County or District in 
 which he resides." 
 
 Respectfully submitted, 
 
 JAMES FENTRESS, 
 WM. H. WILLIAMSON, 
 H. R. BATE, 
 W. CUMMINGS. 
 
 REPORT OF COMMITTEE ON PRINTING. 
 
 Mr. GARNER, from the Committee on Printing, made the follow- 
 ing report : 
 
 The Committee on Printing have had under consideration the 
 resolution offered by Mr. Thompson, of Maury, relative to the 
 printing of stenographic reports of the proceedings of this Conven- 
 tion, and have instructed me to report the following resolution, and 
 recommend its adoption, viz.: 
 
 Resolved j That the Committee on Printing be authorized to con- 
 tract with the Public Printers of this State, Jones, Purvis & Co., 
 (Proprietors of the Union and American and Republican Banner) 
 for stenographic reports of the proceedings and debates of this Body, 
 and for the printing and binding of 2000 copies of said reports, in 
 one volume, to be as well done as CaldwelPs Reports of the Decis- 
 ions of the Supreme Court of Tennessee. All to be done under the 
 supervision of said Committee, and the prices for the printing to be 
 those fixed by law. Respectfully submitted, 
 
 JOHN E. GARNER, Chairman. 
 
100 
 
 On motion of Mr. Key, the resolution and report was laid on the 
 able. 
 
 BILL OF EIGHTS FURTHER CONSIDERED. 
 
 The Convention proceeded to the consideration of the report of 
 the Committee on the Bill of Rights, the unfinished business of 
 yesterday. 
 
 On motion of Mr. NICHOLSON, the 5th section, which was passed 
 over informally yesterday, was taken up. 
 
 Mr. CARTER submitted the following amendment : 
 
 " Strike out all of said section after the word equal. " 
 
 Mr. CARTER demanded the yeas and nays, which were ordered, 
 and the resolution was rejected. 
 
 Those voting in the affirmative are : 
 
 Messrs. Allen, Arledge, Brown of Carrorl, Gibson, Madison, and 
 Henry, Bate, Cummings, Campbell, Carter, Deavcnport, Deaderiek, 
 Dromgoole, Fen tress, Fielder, Gordon, Hill of Gibson, Jones of 
 Lincoln, Porter of Henry, Turner, Taylor, Wright, and William- 
 son 20. 
 
 Those voting in the negative are : 
 
 Messrs. Burkett, Brown of Davidson, Branson, Baxter, Britton, 
 Brooks, Byrne, Blizard, Burton, Brandon, Coffin, Chowning, Cypert, 
 Dibbrell, Doherty, Finley, Fulkerson, Gaut, Gibson, Gardner, 
 Gibbs, Garner, Henderson, Hill of Warren, Heiskell, House of 
 Williamson, House of Davidson, Robertson, and Montgomery, Ivie, 
 Kirkpatrick, Key, Kennedy, Kyle, Martin, Mabry, Morris, Meeks, 
 McDougal, McNabb, Netherland, Nicholson, Porter of Haywood, 
 Parker, Seay, Stephens, Staley, Sample, Shelton, Thompson of 
 Davidson, Thompson of Maury, and Warner 50. 
 
 The fifth section, as reported by the Committee, was then adopted 
 by the Convention. 
 
 Sections 10, 11, 12 and 13 were adopted as reported by the Com- 
 mittee. 
 
 Section 14 was taken, up, when Mr. HOUSE of Davidson, Robert- 
 son and Montgomery, offered the following in lieu of said section : 
 
 Strike out the 14th Section of Bill of Rights, and insert in place 
 thereof the following: 
 
 No person shall be held to answer for a capital or otherwise infa- 
 mous crime except by presentment, indictment or impeachment ; 
 but the Legislature, in case of petit larceny, and in cases of assault, 
 assault and battery, aftray, riot, unlawful assembly, vagrancy, and 
 
101 
 
 other misdemeanors of a like character/ may, dispense with inquest 
 of a grand jury, on indictment or presentment; aiifl . :i^iy a-atuorize 
 prosecutions for such offences, before such inferior court or courts as 
 may be established by the Legislature ; and the proceedings in such 
 cases shall be regulated by law. Provided, That all defendants, so 
 arraigned, shall have the right of trial by jury, unless the same 
 shall be expressly waived in such mode as may be established by 
 law. 
 
 Mr. WARNER offered the following in lieu of Mr. House's amend- 
 ment : 
 
 " Except in cases of misdemeanors." So said section would read 
 thus : That no citizen shall be put to answer any criminal charge 
 but by presentment, indictment, or impeachment, except in cases of 
 misdemeanors, when the crime does not merit imprisonment as a 
 penalty, 
 
 Mr. BAXTER moved to lay the amendment and the amendment 
 in lieu on the table. 
 
 Mr. HOUSE, of Montgomery, demanded the yeas and nays, which 
 were ordered, and the motion to lay on the table sustained. 
 
 Those voting in the affirmative are : 
 
 Messrs. Allen, A r ledge, Bate, Baxter, Blizard, Branson, Brandon, 
 Britton, Brown of Davidson, Burkett, Byrne, Carter, Coffin, Cum- 
 mings, Cypert, Deaderick, Fentress, Fielder, Finley, Garner, Gaut, 
 Gibbs, Gibson, Heiskell, Henderson, Hill of Warren, Hill of Gib- 
 son, Ivie, Jones of Lincoln, Kirkpatrick, Mabry, McDougal, 
 McNubb, Martin, Meeks, Morris, Ketherland, Parker, Sample, 
 Shepard, Shelton, Stephens, Thompson of Maury and Williamson 
 44. 
 
 Those voting in the negative are : 
 
 Messrs.' Brooks, Brown of Henry, etc., Burton, Campbell, 
 Chowning, Deavenport, Dibbrell, Doherty, Dromgoole, Fulkerson, 
 Gardner, Gordon, House of Williamson, House of Davidson, Rob- 
 ertson, and Montgomery, Kennedy, Key, Kyle, Nicholson, Porter 
 of Hay wood, Porter of Henry, Seay, Staley, Taylor, Thompson of 
 Davidson, Turner, Warner, and Wright 27. 
 
 On motion of Mr. BAXTER, the section was amended by striking 
 out the word citizen and inserting person. 
 
 Mr. HEISKELL moved to amend by inserting "free man " in lie:i 
 of person. 
 
 Mr. HEISKELL demanded the yeas and nays on his amendment, 
 which were ordered, and the amendment rejected. 
 
 Those voting in the affirmative are : 
 
 .Messrs. Burkett, Campbell, Carter, Deaderick, Deavenjorb, Drom- 
 
102 
 
 goole, Fentress, Fielder, ^itlkerson, Garner, Gibbs, Gordon, Heis- 
 kell.. Reuoer^cn. liill of 'Gibson, Jones of Lincoln, Kirkpatrick, 
 Kyle/ Morris, Netherland, Porter of Henry, Shepard, Taylor, 
 Thompson of Davidson, Thompson of Maury, Turner and William- 
 son 27. 
 
 Those voting in the negative are : 
 
 Messrs. Allen, Arledge, Bate, Baxter, Blizard, Brandon, Branson, 
 Britton, Brooks, Brown of Davidson, Brown of Henry, etc., Burton, 
 Byrne, Coffin, Cummings, Cypert, Dibbrell, Doherty Finley, 
 Gardner, Gaut, Gibson, Hill of Warren, House of Williamson, 
 House of Davidson, Robertson, and Montgomery, Ivie, Kennedy, 
 Key, Mabry, McDougal, McNabb, Martin, Meeks, Nicholson, Par- 
 ker, Porter of Hay wood, Sample, Shelton, Staley, Stephens, Warner 
 and Wright 43. 
 
 The section, as amended, was then adopted by the Convention. 
 
 Mr. FENTRESS offered the following amendment to Section 15 : 
 
 Resolved, That the following words be added as an amendment at 
 the end of the 4th line of the 15th Section of the Bill of Rights : 
 "And then only to soldiers in actual service." So that the same 
 shall read as follows : 
 
 Sec. 15. That all prisoners shall be bailable by sufficient sureties, 
 unless for capital offences, when the proof is evident, or presump- 
 tion great. And the privilege of the writ of habeas corpus shall 
 not be suspended, unless when in case of rebellion or invasion the 
 General Assembly shall declare the public safety requires it, and 
 then only as to soldiers in actual service. 
 
 On motion of Mr. BAXTER, the amendment was laid on the 
 table. 
 
 The section, as reported by the Committee, was then adopted by 
 the Convention. 
 
 Section 16 was adopted as reported by the Committee. 
 
 Mr. NETHERLAND proposed the following amendment to Sec- 
 tion 17 : 
 
 Be it resolved, That Section 17 be amended by adding the words : 
 '' In the same tribunals and in the same remedies as suits against 
 individuals." 
 
 Mr. GIBSON submitted the following additional amendment : 
 " The Legislature shall pass laws whereunder suits may be 
 brought against the State." 
 
 Mr. WILLIAMSON submitted the following, in lieu of <fche last 
 clause of the section : 
 
 "Provided, No suit shall be brought against the State." 
 
103 
 
 On motion of Mr. HEISKELL, the pending amendments were 
 laid on the table, and the section, as reported by the Committee, 
 was adopted. 
 
 Mr. McDouGAL submitted the following amendment : 
 Strike out ihe 18th section and insert in lieu thereof: The 
 Legislature shall pass no law authorizing imprisonment for debt in 
 civil cases. , 
 
 Mr. BAXTER moved to lay the amendment on the table, and de- 
 manded the yeas and nays, which were ordered, and the motion to 
 lay on the table failed. 
 
 Those voting in the affirmative are : 
 
 Messrs. Allen, Baxter, Brooks, By. ne, Blizard, Burton, Carter, 
 Dromgoole, Finley, Gardner, Henderson, Heiskell, House of David- 
 son, liobertson, and Montgomery, I vie, Key, Kennedy, Martin, 
 McNabb, Porter of Haywood, and Sample 20. 
 
 Those voting in the negative are : 
 
 Messrs. Arledge, Burkett, Brown, of Davidson, Britton, Brandon, 
 Brown, of Henry, etc., Bate, Cuminings, Coffin, Campbell, Chown- 
 ing, Cypert, Dibbrell, Deavenport, Deaderick, Doherty, Fulkerson, 
 Fentress, Fielder, Gaut, Gibson, Gibbs, Gordon, Garner, Hill, of 
 Warren, Hill, of Gibson, House, of Williamson, Jones, of Lincoln, 
 Jones, of Giles, Kirkpatrick, Kyle, Mabry, Morris, Meeks, Mc- 
 Dougal, Nether land, Nicholson, Porter, of Henry, Parker, Seay, 
 Stephens, Staley, Shelton, Thompson, of Davidson, Thompson, of 
 Maury, Turner, Taylor, Wright, Williamson and Warner 52. 
 
 Mr. HOUSE, of Williamson, offered the following amendment, in 
 lieu of Mr. McDougaPs: 
 
 Strike out 18th Section and insert: 
 
 That imprisonment for debt cannot exist in this State except 
 for fines and penalties imposed for violation of law. 
 
 Mr. WRIGHT demanded the previous question, which was sus- 
 tained, and a vote had on Mr. McDouGAL's amendment, which was 
 adopted, and Section 18 as amended was adopted by the Con- 
 vention. 
 
 On motion of Mr. WRIGHT, the Convention adjourned until to- 
 morrow morning, 10 o'clock. 
 
104 
 
 THURSDAY MORNING, JANUARY 20, 1870. 
 
 The Convention met pursuant to adjournment, Mr. President 
 BROWN in the Chair. 
 
 Prayer by the Rev. Mr. INMAN. 
 
 The Journal of yesterday was read and approved. 
 The roll was called for Memorials and Petitions. 
 
 AMENDMENT PROPOSED. 
 
 Mr. BROOKS submitted the following amendment to the Consti- 
 tution, which were read and referred to the Committee on the Judi- 
 ciary. 
 
 Section 1. Resolved, That the Constitution be so amended that 
 Justices of the Peace shall have full jurisdiction on promissory 
 notes to the amount of five hundred dollars. 
 
 Sec. 2. Be it resolved, That said Justices of the Peace shall have 
 full jurisdiction of two hundred and fifty dollars on Accounts and 
 Attachments or Replevin. 
 
 Sec. 3. Be it resolved, That at trials under the above section the 
 Justice on application of either party cause to be summoned a Jury 
 of three or five men to try the cause and hear the testimony, and 
 render a verdict on the same, and be governed by the rules govern- 
 ing Juries in Courts of Record subject to appeal by either party. 
 
 MEMORIAL. 
 
 Mr. COFFIN presented a memorial from 933 citizens of East 
 Tennessee, praying a change of the Constitution in regard to the 
 sale of intoxicating liquors, so that the same may be submitted to 
 a vote of the towns and Districts, which was read and referred to 
 the Committee on the Legislative Department. 
 
 HOUR OF MEETING. 
 
 Mr. GIBSON offered the following resolution., which lies over 
 under the rules : 
 
105 
 
 7iY.Wn'(?, That hereafter, and until further ordered, the Con- 
 vention shall meet at 9J A. M. 
 
 AMENDMENTS PROPOSED. 
 
 Mr. HILL, of Warren, submitted the following resolution, which 
 was read and referred to the Committee on New Counties and 
 County Lines : 
 
 Resolved, That the Committee on New Counties and County Lines 
 be instructed to report an amendment to Article X, Section 4, of the 
 Constitution, so as to declare Sequatchie County constitutionally 
 established as its boundaries are now denned by Legislative enact- 
 ments. 
 
 Mr. KYLE submitted the following preamble and resolution, 
 which were read and referred to the Committee on Internal Im- 
 provements, Finance, etc. : 
 
 AV HERE AS, It is notorious that the Legislative Department 
 of the Government have granted privileges to Express and 
 Telegraphic Companies that are in conflict with the interest of 
 the great mass of our people ; Therefore, 
 
 Resolved, That the proper Committee be directed to enquire into 
 the propriety of so amending our Constitution, as to restrain and 
 prohibit the said companies from making exorbitant and unreason- 
 able charges for their services. 
 
 Mr. KYLE submitted the following preamble and resolution, 
 which were read and referred to the Committee on Miscellaneous 
 Provisions : 
 
 WHEREAS, The office of County Trustee costs the various coun- 
 ties of the State, annually, from $80,000 to $100,000, the incum- 
 bents therec/f, rendering inadequate and but little service therefor, 
 and, 
 
 WHEREAS, It behooves every lover of the State in our straight- 
 ened financial condition to look well to an economical administra- 
 tion of our State Government ; Therefore, 
 
 Resolved, That the proper Committee be directed to enquire into 
 the propriety of abolishing the office of County Trustee and substi- 
 tuting the County Court Clerk, or some other County official to the 
 duties thereof. 
 
 Mr, KEY presented a Memorial from sundry citizens of the 
 counties of Roane, Monroe and Blount, praying the establishment 
 of a ne\v County out of portions of those counties, which, without 
 being read, was referred to the Committee on New Counties. 
 
 Mr. KEY submitted the following resolution, which was referred 
 to the Committee on New Counties and County Lines: 
 
106 
 
 Resolved, That a new County may be formed by the Legislature 
 out of the territory around the town of London and Philadelphia, 
 in Monroe County, to be composed of fractions of the Counties of 
 Roane, Monroe and Blount ; Provided, that said new County shall 
 not approach within less than ten miles of the County sites of either 
 of said Counties, and shall not reduce the territorial limits of either 
 of said old Counties to less than five hundred square miles, and 
 said new County shall contain an area of at least three hundred 
 square miles and a voting population of not less than six hundred. 
 
 Mr, MEEKS offered the following resolution, which was read 
 and referred to the Committee on Elections and Right of Suffrage : 
 
 Resolved, That the Committee on Elections be requested to in- 
 quire into the propriety of this Convention not interfering with the 
 
 elections, which are to take place on the day of March next, 
 
 for County officers of this State. 
 
 MEMORIALS, 
 
 Mr. THOMPSON, of Maury, presented a petition from numerous 
 citizens of Maury, asking that Clerks and Masters of the Chancery 
 Court be elected by the people of their respective Counties or Dis- 
 tricts, which, without being read, was referred to the Committee on 
 the Judiciary. 
 
 Mr. SEAY presented a memorial from a large number of citizens, 
 of Wilson, Smith, Macon and Sumner, praying the establishment of 
 a new County out of portions of said Counties, whieh, without 
 being read, was referred to the Committee on New Counties and 
 County Lines. 
 
 Mr, SEAY also presented a memorial from citizens of Sumner 
 County, praying a change in the Constitution, in relation to the 
 establishment of new counties, so that a county can be formed with 
 a less area than now required, which was referred to the Committee 
 on New Counties, 
 
 AMENDMENTS PROPOSED, 
 
 Mr. WILLIAMSON submitted the following amendment, which 
 was read and on his motion ordered to be laid on the table : 
 
 Resolved. That Secticn 11, Article III, of the Constitution be 
 amended by adding the following : 
 
 " And every bill which shall have passed the Senate and House of 
 Representatives, shall before it becomes a law, be presented to the 
 
107 
 
 Governor; if he approve, he shall sign it; but if not, lie shall re- 
 turn it, with his objections, to that House in which it shall have 
 originated, who shall enter the objections at large on their Journal 
 and proceed to reconsider it. If, after such reconsideration, two 
 thirds of the members present shall agree to pass the bill, it shall be 
 sent, with the objections, to the other House, by which it shall be 
 likewise reconsidered, and if approved by two thirds of all the 
 members present, it shall become a law, notwithstanding the objec- 
 tion of the Governor : But in all such cases, the votes o1 both 
 Houses shall be determined by yeas and nays, and the names of the 
 members voting for and against the bill shall be entered on the 
 Journal of each House respectively If any bill shall not be re- 
 turned by the Governor within ten days (Sundays excepted) after it 
 shall have been presented to him, the same shall be a law in like 
 manner as if he had signed it, unless the Legislature shall, by their 
 adjournment, prevent its return ; in which case it shall not become 
 a law. 
 
 BILL OF RIGHTS FURTHER CONSIDERED, 
 
 The Convention proceeded to the consideration of the report of 
 the Committee on Bill of Rights the unfinished business of yes- 
 terday : 
 
 Mr. CYPERT offered the following amendment to Section 19 : 
 
 That the nineteenth Section of the Bill of Eights as reported by 
 the Committee be so amended as to read as follows : 
 
 That the printing presses shall be free to every person who un- 
 dertakes to examine the proceedings of the Legislature or of any 
 branch thereof, or officer of the Government, and no law shall ever 
 be made to restrain the right thereof. The free communication of 
 thoughts and opinions is one of the invaluable rights of man, and 
 every citizen may freely speak, write and print on any subject, 
 being responsible for the abuse of that liberty. And in prosecu- 
 tions for the publication of papers, investigating the official or pri- 
 vate conduct of any officer or person, the truth thereof may be 
 given in evidence, and in all indictments for libels the jury shall 
 have a right to determine the. law and the facts, under the direction 
 of the Court as in other criminal cases. 
 
 Sec. 19, line , strike out the word " but " and insert " and." 
 Line 6, after the word " official" strike out the words u conduct of 
 officers or men in public capacity," and insert the words " or pri- 
 vate conduct of any officer or person." 
 
 On motion of Mr. FULKERSON, the amendments were laid on the 
 
 table. 
 
 Section 19, as reported by the Committee, was adopted. 
 
108 
 
 Section 20 was taken up, when Mr. DEAVENPORT submitted the 
 following amendment : 
 
 That Section 20 be so amended that a other " may be inserted be- 
 tween or and law, so that said section will read 
 
 Sec. 20. That no retrospective law, or other law impairing the 
 obligations of contracts, shall be made. 
 
 Which amendment was rejected, and Section 20, as reported by 
 the Committee, was adopted. 
 
 Mr. GIBSON submitted the following amendment to Section 21 : 
 
 Strike out " or " in second line, and insert " and," and add the 
 words " in money," after the word " compensation." 
 
 Sec. 21. That no man's particular services shall be demanded or 
 property taken or applied to public use, without consent of his rep- 
 resentatives, and without just compensation in money being made 
 therefor. 
 
 Which amendment was rejected by the Convention, and Section 
 21, as reported by the Committee, was adopted. 
 
 Sections 22, 23 and 24, as reported by the Committee, were adopted. 
 
 Mr. HEISKELL proposed to amend Section 25, by striking out 
 the word " martial," and substituting the word " military." 
 
 Mr. CAMPBELL proposed as an amendment in lieu, that the 
 words " either under martial or under military law," be inserted. 
 
 Which was adopted in lieu of Mr. Heiskell's. 
 
 Mr. FIELDER demanded the previous question, which was sus- 
 tained, and the amendment of Mr. CAMPBELL was adopted, and 
 Section 25, as amended, was adopted. 
 
 Mr. HEISKELL offered the following clause to Section 25 : 
 
 <f That martial law, in the sense of the unrestricted power of mil- 
 itary officers or others to dispose of the persons, liberties or prop- 
 erty of the citizen, is inconsistent with the principles of free gov- 
 ernment, and is not confided to any department of the government 
 of this State." 
 
 Which was adopted. 
 
 Mr. GARDNER offered the following amendment to Section 26, by 
 adding to the end of the Section : 
 
 11 But the Legislature shall have power, by law, to regulate the 
 wearing of arms with a view to prevent crime." 
 
 Which was adopted, and Section 26, as thus amended, was adopt- 
 ed by the Convention. 
 
 Section 27 was adopted as reported by the Committee, without 
 amendment. 
 
109 
 
 Mr. CVPKUT proposed to amend Section 28, as follows: 
 
 That Section 28 be stricken- out, and in lieu thereof the following 
 
 words be inserted : 
 
 "All citizens of this State, between such ages as now prescribed, 
 
 or as may hereafter be prescribed by law, may be compelled to bear 
 
 arms, and no equivalent in money shall ever be received by the 
 
 State in lieu of such services." 
 
 Which amendment was rejected, and the section, as reported by 
 the Committee, adopted. 
 
 Sections 29, 30, 31, 32, 33 and 34 were adopted by the Conven- 
 tion, as reported by the Committee, without amendment. 
 
 Mr. HEISKELL moved to reconsider the vote adopting the four- 
 teenth Section. 
 
 Mr. BAXTER moved to lay the motion to reconsider on the table, 
 and demanded the yeas and nays, which were ordered, and the mo- 
 tion to lay on the table lost. 
 
 Those voting in the affirmative arc : 
 
 Messrs. Allen, Arledge, Bate, Baxter, Blackburn, Blizard, Bran- 
 son, Britton, Brooks, Carter, Chowning, Cummings, Deaderick, 
 Fielder, Finley, Gibbs, Henderson, Hill of Warren, Hill of Gib- 
 son, Ivie, Jones of Lincoln, Kirkpatrick, Mabry, McDougal, Mc- 
 Nabb, Morris, Netherland, Sample, Stephens and Thompson of 
 Maury 30. 
 
 Those voting in the negative are : 
 
 Messrs. Brandon, Brown of Davidson, Brown of Henry, etc., 
 Burkett, Burton, Byrne, Campbell, Coffin, Cypert, Deavenport, 
 Dibbrell, Doherty, Dromgoole, Fentress, Fulkerson, Gardner, Gar- 
 ner, Gaut, Gibson, Gordon, Heiskell, House of Williamson, House 
 of Davidson, Robertson and Montgomery, Jones of Giles, Kennedy, 
 Key, Kyle, Martin, Meeks, Nicholson, Parker, Porter of Hay- 
 wood, Porter of Henry, Seay, Shepard, Taylor, Thompson of 
 Davidson, Turner, Warner, Williamson and Wright 41. 
 
 The motion to reconsider was then adopted. 
 
 On motion of Mr. HEISKELL, the consideration of the fourteenth 
 Section of the Bill of Rights was postponed until to-morrow, and 
 made the special order, to be taken up immediately after the call of 
 the roll for memorials and petitions. 
 
 Mr. JONES, of Giles, moved to reconsider the vote adopting the 
 ninth Section of the Bill of Rights. 
 
110 
 
 On motion of Mr. STEPHENS, the motion to reconsider was laid 
 on the table. 
 
 Mr. PORTER, of Henry, moved to adjourn until to-morrow morn- 
 ing at 10 o'clock. 
 
 Mr. BAXTER demanded the yeas and nays, which were ordered, 
 and the motion to adjourn failed. 
 
 Those voting in the affirmative are : 
 
 Messrs. Allen, Arledge, Bate, Brooks, Brown of Henry, etc., 
 Burton, Campbell, Deavenport, Doherty, Droomgoole, Fentress, 
 Gardner, Gordon, House of Davidson, Robertson and Montgomery, 
 Jones of Giles, Morris, Porter of Haywood, Porter of Henry, 
 Seay, Shepard, Shelton, Stephens, Taylor, Thompson of Davidson, 
 Williamson and Wright 26, 
 
 Those voting in the negative are : 
 
 Messrs. Baxter, Blackburn, Blizard, Branson, Brandon, Britton, 
 Brown of Davidson, Burkett, Byrne, Carter, Ch owning, Coffin, 
 Cummings, Cypert, Deaderick, Dibbrell, Fielder, Finley, Fulker- 
 son, Garner, Gaut, Gibbs, Gibson, Heiskell, Henderson, Hill of 
 Warren, Hill of Gibson, House of Williamson, Ivie, Jones of Lin- 
 coln, Kennedy, Key, Kirkpatrick, Kyle, Mabry, McDougal, Mc- 
 Nabb, Martin, Meeks, Netherland, Nicholson, Parker, Sample, 
 Thompson of Maury, Turner and Warner 46. 
 
 REPORT ON EXECUTIVE DEPARTMENT CONSIDERED. 
 
 On motion of Mr. BROWN, of Davidson, the Convention pro- 
 ceeded, to the consideration of the report of the Committee on the 
 Executive Department. 
 
 The report of the Committee was read, when, on motion of Mr. 
 HOUSE, of Davidson, Robertson and Montgomery, the Convention 
 proceeded to the consideration of the third Article of the Constitu- 
 tion of the State, section by section. 
 
 Sections 1, 2 and 3 were adopted without amendment. 
 
 Mr. HOUSE, of Davidson, Robertson and Montgomery, offered 
 the following, in lieu of the fourth Section : 
 
 The Governor shall hold his office for the term- of four years, and 
 until his successor shall be elected and qualified, and shall not be 
 eligible for more than four years in a. period of eight years. 
 
Ill 
 
 Mr. JONES, of Giles, demanded the yeas and nays, which were 
 ordered, and the amendment was adopted, 
 
 Yeus 40 
 
 Xays 30 
 
 Those voting in the affirmative are : 
 
 Messrs. Allen, Bate, Baxter, Branson, Brandon, Britton, Brooks, 
 Brown of Davidson, Brown of Henry, etc., Burton, Byrne, Camp- 
 hell, Carter, Cummings, Deaderick, Doherty, Dromgoole, Fentress, 
 Fulkerson, Gibson, Heiskell, House of Williamson, House -of 
 Davidson, Robertson and Montgomery, Jones of Giles, Kennedy, 
 Key, Kirkpatrick, Kyle, Mabry, McNabb, Morris, Nicholson, Par- 
 ker, Porter of Haywood, Porter of Henry, Shelton, Thompson of 
 Davidson, Turner, Williamson and Wright 40. 
 
 Those voting in the negative are : 
 
 Messrs. Arledge, Blackburn, Blizard, Burkett, Chowning, Cypert, 
 Deavenport, Dibbrell, Fielder, Finley, Gardner, Garner, Gaut, 
 Gibbs, Gordon, Henderson, Hill of Warren, Hill of Gibson, Ivie, 
 Jones of Lincoln, McDougal, Martin, Meeks, Netherland, Sample, 
 Shepard, Stephens,. Taylor, Thompson of Maury and Warner 30. 
 
 Miv HOUSE submitted the following, as an independent section to 
 said Article : 
 
 Every bill which may pass both Houses of the General Assembly 
 shall, before it becomes a law, be presented to the Governor for his 
 signature. If he approve, he shall sign it, and the same shall be- 
 come a law ; but if he refuse to sign it, he shall return it, with his 
 objections thereto in writing, to the House in which it originated ; 
 and said House shall cause said objections to be entered at large 
 upon their Journal, and proceed to reconsider the bill. If, after 
 such reconsideration, a majority of all the members elected to that 
 House shall agree to pass the bill, notwithstanding the objections 
 of the Executive, it shall be sent, with said objections, to the other 
 House, by which it shall likewise be reconsidered. If approved by 
 a majority of the whole number elected to that House, it shall be- 
 come a law : the votes of both Houses shall be determined by yeas 
 and nays, and the names of all the members voting for or against the 
 bill, shall be entered upon the Journals of their respective Houses. 
 
 If the Governor shall fail to return any bill, with his objections, 
 within five days (Sundays excepted) after it shall have been pre- 
 sented to him, the same shall become a law without his signature, 
 unless the General Assembly, by their adjournment, prevent its re- 
 turn, in which case it shall not become a law. 
 
 Kveiy joint resolution, or order, (except on questions of adjourn- 
 ment) shall likewise be presented to the Governor for his signature, 
 and before it shall take effect, shall receive his signature; and on 
 
112 
 
 being disapproved by him, shall, in like manner, be returned with 
 his objections ; and the same, before it shall take effect, shall be re- 
 passed by a majority of all the members elected to both Houses in 
 the manner and according to the rules prescribed in case of a 
 bill. 
 
 It was ordered by the Convention that said amendment be laid 
 on the table and one hundred copies printed, and that the consider- 
 ation of said section be postponed temporarily. 
 
 Sections 5 and 6 were adopted without amendment and without 
 a division. 
 
 To Section 7 Mr. WILLIAMSON offered the following amend- 
 ment : 
 
 " He shall receive, as compensation for his services, at least five 
 thousand dollars per annum, but his salary shall not be increased 
 during the period for which he shall have been elected." 
 
 During the pendency of said amendment, on motion, the Conven- 
 tion adjourned until to-morrow morning at 10 o'clock. 
 
 FRIDAY MORNING, JANUARY 21, 1870. 
 
 The Convention met pursuant to adjournment, Mr. President 
 BROWN in the Chair. 
 
 Prayer by the Rev. Mr. SAMPLE, a member of this body. 
 The Journal of yesterday was read, corrected and approved. 
 The roll was called for memorials and petitions. 
 
 TO AMEND THE RULES. 
 
 Mr JONES, of Lincoln, proposed to amend the rules of the Con- 
 vention as follows : 
 
 Insert after the word "order," in the second line of the last rule 
 on page 5, the words " within two days thereafter." 
 
113 
 
 On motion of Mr, JONES, the rules were suspended and the 
 amendment adopted. 
 
 Mr. JOXK.S, of Lincoln, moved to reconsider the vote adopting 
 the amendment, and further moved that the motion to reconsider be 
 laid on the table, which latter motion prevailed. 
 
 PAY OF MEMBERS, 
 
 Mr. JONES, of Lincoln, submitted the following resolution, which 
 was adopted by the Convention : 
 
 Resolved, That the Treasurer of the State of Tennessee is hereby 
 authorized and required to pay the members of this Convention 
 their per diem and mileage, and the officers of this Convention their 
 per diem the same as members and officers of the Legislature, due 
 up to the time of calling for the same, 
 
 AMENDMENTS PROPOSED. 
 
 Mr, WEIGHT submitted the following resolution, which was read 
 and referred to the Committee on Miscellaneous Provisions : 
 
 Resolved, That it be engrafted in the Constitution of Tennessee 
 that any officer or officers having in charge public moneys for the 
 benefit of the Common Schools, shall, for any violation of public 
 trust be dismissed from office, and become ineligible to any office of 
 trust or honor in the State, and shall be subject to severe penalties, 
 pecuniary and corporeal. 
 
 BILL OF RIGHTS FURTHER CONSIDERED. 
 
 On motion of Mr. KEY, the vote by which Mr. Campbell's 
 amendment to Section 25 of the Bill of Rights was adopted, was 
 reconsidered. 
 
 On motion of Mr. BAXTER, the amendment was altered so as to 
 read, "under the martial or military law;" and thus amended, was 
 adopted by the Convention. 
 
 The Convention proceeded to the consideration of special order 
 the 14th Section of the Bill of Rights. 
 
 Mr. HOUSE, of Davidson, Robertson and Montgomery, offered 
 the following in lieu of the 14th Section of the Bill of Rights, as 
 reported by the Committee : 
 
 Strike out Section 14 of the Bill of Rights, and insert, "No per- 
 son shall be held to answer any criminal charge, except by present- 
 8 
 
114 
 
 merit, indictment or impeachment ; but the Legislature, in cases of 
 petit larceny, assault, assault and battery, affray and vagrancy, may 
 dispense with an inquest of a Grand Jury, an indictment or pre- 
 sentment, and may authorize prosecutions for said offenses, before 
 such inferior Court or Courts as may be established by law ; and the 
 proceedings in such cases shall be regulated by law j and all de- 
 fendants so arraigned, shall have the right of trial by jury, unless 
 the same shall be expressly waived in such manner as may be pre- 
 scribed by the Legislature." 
 
 Mr. WARNER offered the following in lieu of Mr. House's : 
 Amend the 14th Section by adding after impeachment, " Except 
 
 in cases of misdemeanors meriting impeachment, which may be 
 
 fixed by the Legislature." 
 
 Mr. BROWN, of Davidson, offered the following amendment to 
 Mr. House's amendment: 
 
 " Provided, That in all cases of trial of the offenses above speci- 
 fied, the prosecution shall be required to prefer an information on 
 oath, describing the 'matter of the offense, with reasonable certainty,, 
 and the place and time of its commission." 
 
 Which was accepted by Mr. HOUSE. 
 
 Mr. JONES, of Lincoln, moved to lay the pending amendments 
 on the table. 
 
 Mr. BAXTER demanded the yeas and nays, which were, ordered, 
 and the motion to lay on the table sustained. 
 
 Yeas 37. 
 
 Nays 35. 
 
 Those voting in the affirmative are : 
 
 Messrs. Arledge, Bate, Baxter, Blackburn, Blizard, Branson, 
 Brandon, Britton, Burkett, Carter, Deaderick, Fentress, Fielder, 
 Finley, Garner, Gaut, Gibbs, Gibson, Henderson, Hill of Warren, 
 Hill of Gibson, I vie, Jones of Lincoln, Kirkpatrick, Mabry, Mc- 
 Dougal, McNabb, Martin, Morris, Meeks, Netherland, Parker, 
 Sample, Shepard, Shelton, Stephens, and Thompson of Maury 37. 
 
 Those voting in the negative are : 
 
 Messrs. Brooks, Brown of Davidson, Brown of Henry, Carroll, 
 Gibson and Madison, Burton, Byrne, Campbell, Chowning, Coffin, 
 Cummings, Cypert, Deavenport, Dibbrell, Doherty, Dromgoole, 
 Fulkerson, Gardner, Gordon, Heiskell, House of Williamson, 
 House of Davidson, Robertson and Montgomery, Jones of Giles, 
 Kennedy, Key, Kyle, Nicholson, Porter of Hay wood, Porter of 
 Henry, Seay, Staley, Taylor, Thompson of Davidson, Turner, War- 
 ner, Williamson, and Wright 35. 
 
115 
 
 Section 14 of the Bill of Rights was then adopted as reported by 
 the Committee. 
 
 REPORT OX ELECTIONS. 
 
 Mr. NICHOLSON, from the Committee on Elections and the Rights 
 of Suffrage, submitted the following 
 
 REPORT : 
 
 The Committee on Elections and Rights of Suffrage, have had 
 under consideration various propositions, suggesting amendments to 
 the Constitution in regard to the times of holding certain elections 
 and the mode of voting, and have rejected all of them, except one 
 which proposes to change the time of holding the elections for mem- 
 bers of the General Assembly, and the time for the regular sessions 
 of that body. This is a proposition to amend Sections 7 and 8 of 
 Article II, by striking out of Section 7 the words " on , the first 
 Thursday in August, 1835," and inserting in lieu thereof the words 
 " on the first Tuesday in November, one thousand eight hundred and 
 sicvotty," and in the same section, in lines four and five, to strike out 
 the words " on the first Thursday in August," and to insert in lieu 
 tnereof the words "on the first Tuesday in November," so that the 
 section, as amended, will read as follows : 
 
 Article II, Section 7. The first election for Senators and Repre- 
 sentatives shall be held on the first Tuesday in November, one thou- 
 sand eight hundred and seventy, and forever thereafter elections 
 for members of the General Assembly shall be held once in two 
 years on the first Tuesday in November ; said elections shall termi- 
 nate the same day. 
 
 In Section 8, Article II, it is proposed to strike out the words, 
 in lines two and three, (" one thousand eight hundred and thirty- 
 five ") and to insert in lieu thereof the words : One thousand eight 
 hundred and seventy-one; and in line 4 of said Section, to strike 
 out the words ("first Monday in October") and insert in lieu there- 
 of the words, first Monday in January, so that the 8th Section, 
 Article II, as amended will read as follows: 
 
 Article II, Section 8. The first session of the General Assembly 
 shall commence on the first Monday in January, one thousand , 
 eight hundred and seventy-one ; and forever thereafter, the General , 
 Assembly shall meet on the first Monday in January next ensuing 
 the election. 
 
 The Committee recommend the amendment of Sections 7 and 8 
 as proposed, and their adoption as Sections 7 and 8 in Article II, of 
 the Constitution. 
 
 All of which is respectfully submitted, 
 
 A. O. P. NICHOLSON. 
 
116 
 
 On motion of Mr. NICHOLSON, it was ordered that the report be 
 laid on the table, and one hundred copies ordered to be printed. 
 
 MARRIAGES BETWEEN WHITES AND BLACKS. 
 
 Mr. NICHOLSON, from the same Committee, reported back the 
 resolution of Mr. Sample in relation to marriages between whites 
 and colored persons, and asked that the Committee be discharged 
 from its further consideration, which was so ordered, and the reso- 
 lution referred to the Committee on Miscellaneous Provisions. 
 
 REPORT ON EXECUTIVE DEPARTMENT FURTHER CONSIDERED. 
 
 Mr TURNER moved to reconsider the vote adopting Mr. HOUSE'S 
 amendment in lieu of Section 4, of Article III, on yesterday. 
 
 Mr. HEISKELL moved to lay the motion to reconsider on the 
 table. 
 
 Mr. KENNEDY demanded the yeas and nays, which were ordered 
 and the motion to lay on the table failed : 
 
 Yeas ...................................................................... 29. 
 
 Nays ..................................................................... 44. 
 
 Those voting in the affirmative are : 
 
 Messrs. Bate, Baxter, Blackburn, Branson, Brandon, Brooks, 
 Brown of Henry. Carroll, Gibson and Madison, Campbell, Carter, 
 Deaderick, Doherty, Dromgoole, Fentress, Fulkerson, Gibson, Heis- 
 kell, House of Williamson, House of Davidson, Robertson and 
 Montgomery, Jones of Giles, Kennedy, Key, Kyle, Mabry, Porter, 
 of Hay wood, Porter of Henry, Shelton, Staley, Williamson and 
 
 Those voting in the negative are: 
 
 Messrs. Allen. Arledge, Blizard, Britton, Brown, of Davidson, 
 Burkett, Burton, Byrne, Chowning, Coffin, Cummings, Cypert, 
 Deavenport, Dibbrell, Fielder, Fin ley, Gardner, Garner, Gaut, 
 Gibbs, Gordon, Henderson, Hill of Warren, Hill, of Gibson, I vie, 
 Jones of Lincoln, Kirkpatrick, McDougal, McNabb, Martin, 
 Morris, Meeks, Netberland, Nicholson, Sample, Seay, Shcpnrd, 
 Stephens, Taylor, Thompson of Davidson, Thompson of Maury, 
 Turner and Warner 44. 
 
 The motion to reconsider was then adopted. 
 
 The question recurring upon the adoption of Mr. HOUSE'S amend- 
 ment : 
 
117 
 
 Mr. BURTON demanded the yeas and nays, which were ordered 
 and the amendment was rejected 
 
 Yens 29 
 
 -Nays 43 
 
 Those voting in the affirmative are : 
 
 Messrs. Bate, Baxter, Brandon, Brown of Davidson, Burton, 
 Bvrne, Campbell, Deaderick, Doherty, Dromgoole, Fentress, Ful- 
 kerson, Gibson, Heiskell, House of Williamson, House of David- 
 son, Robertson and Montgomery, Jones of Giles, Kennedy, Key, 
 Kyle, Mabry, MeNabb, Porter of Hay wood, Porter of Henry, 
 Shelton, Staley, Thompson of Davidson, Williamson and Wright 
 29. 
 
 Those voting in the negative are : 
 
 Messrs. Allen, Arledge, Blackburn, Blizard, Branson, Britton, 
 Brooks, Burkett, Carter, Chowning, Coffin, Cummings, Cypert, 
 J )i -a ven port, Dibbrell, Fielder, Finley, Gardner, Garner, Gaut, 
 Gibbs, Gordon, Henderson, Hill of Warren, Hill of Gibson, Ivie, 
 Jones of Lincoln, Kirkpatrick, McDougal, Martin, Morris, Meeks, 
 Xetherland, Nicholson, Parker, Sample, Seay, Shepard, Stephens, 
 Taylor, Thompson of Maury, Turner and Warner 43. 
 
 The 4th Section, of Article III, of the present Constitution was 
 then adopted without amendment. 
 
 Mr. MARTIN moved to reconsider the vote by which the 5th Sec- 
 tion, of Article III, was adopted, on yesterday, and submitted the 
 following amendment, which was read for information: 
 
 AMENDMENT TO SECTION FIFTH, ARTICLE III. . 
 
 After the -words United States insert as follows : 
 
 " And he shall not in any event call into service the militia, for 
 any party or political purpose; and shall not call them.. into ser- 
 vice in any case, except that of rebellion or invasion, and in such 
 case the General Assembly shall declare the public safety re- 
 quires it." 
 
 On motion of Mr. TURNER, the motion to reconsider was laid, on 
 the table. 
 
 The amendment of Mr. WILLIAMSON to Section 7, .in relation to 
 the salary to be paid to the Governor, was rejected and the Section 
 as it is in the present Constitution, was adopted by the Convention. 
 
 Section 8 was adopted without amendment. 
 
 The amendment of the Committee on the Executive Department 
 to Section 9, was adopted. 
 
118 
 
 Mr. CYPERT demanded the yeas and nays, which were ordered, 
 and resulted as follows : 
 
 Yeas 57 
 
 Nays 13 
 
 Those voting in the affirmative are : 
 
 Messrs Allen, Arledge, Bate, Blackburn, Blizard, Branson, Bran- 
 don, Britton, Brooks, Brown of Davidson, Burkett, Byrne, Camp- 
 bell, Carter, Chowning, Cummings, Cypert, Deaderick, Deavenport, 
 Dibbrell, Doherty, Dromgoole, Fentress, Fielder, Finley, Fulker- 
 son, Gardner, Garner, Gaut, Gibson, Gordon, Henderson, Hill of 
 Warren, Ivie, Jones of Lincoln, Kennedy, Key, Kirkpatrick, 
 Kyle, McDougal, McNabb, Martin, Morris, Meeks, Netherland, 
 Nicholson, Parker, Sample, Seay, Shepard, Shelton, Staley, Taylor, 
 Thompson of Davidson, Thompson of Maury, Turner, Warner 
 and Wright 57. 
 
 Those voting in the negative are : 
 
 Messrs. Baxter, Burton, Gibbs, Heiskell, Hill of Gibson, House 
 of Williamson, House of Davidson, Robertson and Montgomery, 
 Jones of Giles, Mabry, Porter of Hay wood, Porter of Henry, 
 Stephens and Williamson 13. 
 
 LEAVES OF ABSENCE 
 
 On motion of Mr. POUTER, of Henry, Mr. BROWN, of Henry, 
 Carroll, Gibson and Madison, was granted leave of absence on ac- 
 count of sickness. 
 
 On motion of Mr. GIBBS, leave, of absence was grented Mr. CUM- 
 MINGS, until Tuesday next. 
 
 On motion of Mr. GORDON, leave of absence was granted Mr. 
 ALLEN, until Tuesday next. 
 
 CONSIDERATION OF EXECUTIVE DEPARTMENT RESUMED. 
 
 Sections 10, 11, 12, 13, 14, 15, and 16, as they exist in the 
 present Constitution, were adopted without amendment. 
 
 Mr. DIBBRELL offered the following amendment to Section 17. 
 
 Section 17. After the words "shall be" strike out the words 
 " appointed by joint vote of the General Assembly" and insert 
 u shall be elected by the qualified voters of the State, at the same time 
 and in the same manner that the Governor is elected." So that the 
 section will read as follows : 
 
 Secion 17. A Secretary of State shall be elected by the qualified 
 voters of the State, at such time and in the same manner that the 
 Governor is elected, once in two years, and commissioned during 
 
119 
 
 term of two years. He shall keep a fair register of all the 
 acts and proceedings of the Governor, and shall, when re- 
 quired, lay the same, and all minutes and vouchers relative thereto, 
 Before the General Assembly, anl shall peform such other duties as 
 shall be enjoined by law. 
 
 Mr. KYLE moved to lay the amendment on the table. 
 Mr. DIBRELL demanded the yeas and nays, which were ordered, 
 and the motion to lay on the table prevailed. 
 
 Yeas 41 
 
 Nays 29 
 
 Those voting in the affirmative are : 
 
 Messrs. Allen, Bate, Baxter, Blackburn, Brown of Davidson, 
 Burkett, Campbell, Carter, Cummings, Deaderick, Dromgoole, 
 Fielder, Fulkerson, Garner, Gibbs, Gibson, Gordon, Heiskell, 
 Henderson, Hill of Gibson, House of Williamson, House of 
 Davidson, Robertson and Montgomery, Ivie, Jones of Giles, Ken- 
 nedy, Key, Kyle, Mabry, Netherland, Nicholson, Parker, Porter of 
 Haywood, Shepard, Shelton, Staley, Stephens, Thompson of David- 
 son, Thompson of Maury, Turner and Williamson 41. 
 
 Those voting in the negative are : 
 
 Messrs. Blizard, Branson, Brandon, Britton, Brooks, Burton, 
 Byrne, Chowning, Cypert, Deavenport, Dibbrell, Doherty, Fentress, 
 Finley, Gaut, Hill of Warren, Jones of Lincoln, Kirkpatrick, 
 McDougal, McNabb, Martin, Morris, Meeks, Porter of Henry, 
 Sample,, Seay, Taylor, Warner and Wright 29. 
 
 Mr. PORTER, of Haywood, offered the following amendment : 
 
 That said section be so amended as to read as follows : 
 
 " The Secretary of State shall be appointed by the Governor and 
 
 confirmed by the Senate, and shall be commissioned during the 
 
 term of two years." 
 
 Mr. CYPERT moved to lay the amendment on the table, and de- 
 manded the yeas and nays, which were ordered, and the motion to 
 lay on the table prevailed. 
 
 Yeas 43 
 
 Nays 28 
 
 Those voting in the affirmative are: 
 
 Messrs. Allen, Baxter, Blackburn, Blizard, Britton, Brooks, 
 Brown of Davidson, Burkett, Burton, Campbell, Chowning, Cum- 
 mings, Cypert, Deavenport, Doherty, Dromgoole, Fentress, Fielder, 
 Finley, Fulkerson, Gaut, Gibbs, Gordon, Henderson, Hill of War- 
 ren, Hill of Gibson, Ivie, Jones of Giles, Mabry, McDougal, 
 
120 
 
 Martin, Morris, Meeks, Xetherland, Porter of Henry, 
 Seay, Shepard, Stephens, Taylor, Thompson of Davidson, 
 and' Wright 43. 
 
 Those voting in the negative are : 
 
 Messrs. Bate, Branson, Brandon, Byrne, Carter, Coffin, Dea' 
 iek, Dibbrell, Gardner, Garner, Gibson, HeUkell, House of Will: 
 son, Hon~,e of Davidson, Robertson and Montgomery, Jon< 
 JJneoln, Kennedy, Key, Kirkpatriek, Kyle, McNabb, Kicho! 
 Parker, Porter of Hay wo ton, Staley, Thompson of Maury, 
 
 Turner, and William.-.' 
 
 Mr. PORTER, of Henry, offered the following amendment: 
 
 Strike out the words "joint vote of the General Assembly/' and 
 ; t the word* " by the Governor of the State." 
 
 On motion of Mr. BAXTKk,the amendment was laid on the tabh-. 
 
 The section was then passed without amendrn 
 
 The amend merit of Mr. ring 
 
 on the Governor a qualific-H veto power, waa postpoii' 11 to- 
 
 morrow. 
 
 AI/TIEB. 
 
 Mr, II; sulnnitterl the following resolution : 
 
 /' '.' "/, TliMt a Corn:, appoint EQ it 
 
 shall be referred f r it is }>. 
 
 take any action in reganl to relieving th<- 
 
 hie.- imp'i^-d. 
 Witli in-.tniftioM-, further to j*roj)'-i 
 
 and necessary in n-f . 
 
 On mofion of Mr. i 
 
 .ution jidopt.ed. 
 
 On motion of Mr. Ifouve of i and M 
 
 cry, the ' .it. ion adj< until to- mornin 
 
121 
 
 SATURDAY MORNING, JANUARY 22, 1870. 
 
 The Convention met pursuant to adjournment, Mr. President 
 in the Chair. 
 
 Prayer by the Key. Mr. Sample, a member of this body. 
 Tin- Journal oi yesterday was read and approved. 
 
 COMMITTKi: OX I M I'KA< 'II M KNT. 
 
 The PIIKSIDKNT announced the following gentlemen as constitut- 
 ing the Select Committee, under Mr. IleiskeH's resolution in rela- 
 tion to impeachment, and the ease of Judge Thos. X. r'ra/ier, vi/ : 
 Me.-srs. Baxter, Heiskell, Key, House of Montgomery, and Poriir 
 ot Henry. 
 
 The roll was called for memorials and petitions. 
 
 A M i:.\ DM I:NTS PROPOSED. 
 
 Mr. J>i:o()Ks submitted the following resolution, which was read 
 and referred to the Committee on New Counties and County Lines : 
 
 7/f.Wm/, That the Constitution be so amended that there may 
 be a new county formed out of the Counties of Jackson and Over- 
 ton. /Yor/V/W, That in the formation it shall contain at least 400 
 qualified voters; and further, said new county shall contain at least 
 :inn |iiare miles of territory, and shall not reduce either of the old 
 counties, from which it is taken, below 500 square miles. Provided 
 j'nrf/n'i', That the line of said new county shall not approach either 
 oi' the old county seats nearer than ten miles. Provided further, 
 That a majority of the qualified voters contained in said new county 
 vote in favor of said new count v. The county seat of the old conn- 
 tic-, from which said new county is formed, shall not be removed 
 without a concurrence <:f two-thirds vote of both Uraneln-s of the 
 
 Legislature. 
 
 MEMORIALS. 
 
 Mr. MI:I:KS presented a memorial from sundry citixens of 
 McXairy County, praying a change of the Constitution in relation 
 to the formation of new < nnties, which, without being read, was 
 referred to the Committee on Xew Counties and County Line.-. 
 
122 
 
 Mr. XETHERLAND presented a memorial from sundry citizens of 
 Hawkins County, against the creation of a new county out of said 
 county and others, and against any change in the Constitution in 
 regard to the creation of new counties , which was read and referred 
 to the Committee on. New Counties and County Lines. 
 
 Mr. WARNER presented a memorial from a large number of 
 citizens of Bedford and Marshall Counties for the formation of a 
 new county, which was, without being read, referred to the Com- 
 mittee on New Counties and County Lines. 
 
 AMENDMENTS PROPOSED. 
 
 Mr. DEAVENPORT submitted the following amendment to the 
 Constitution : 
 
 Resolved, That Article VII, Section 2, be so amended as to read : 
 Sec. 2. Should a vacancy occur, subsequent to an election, in the 
 office of Sheriff, Trustee, or Register, it shall be filled by the County 
 Judge, or Justices of the Quarterly or Quorum Courts ; if in that of 
 the clerks to be elected by the people, it shall be filled by the 
 Courts. And the person so appointed shall continue in offic e until 
 his successor shall be elected and qualified ; and such office shall be 
 filled by the qualified voters at the first election for any of the 
 county officers. 
 
 Mr. HEISKELL, on behalf of the majority of the Committee on 
 the Judicial Department, made a report, which was ordered to be 
 laid on the table and printed. 
 
 Mr. STALEY, from the minority of said Committee, made a re- 
 port, which was read and ordered to be printed with the report of 
 the majority. 
 
 Mr. GARNER moved to print 300 copies, which was rejected. 
 
 On motion of Mr. KENNEDY, it was ordered that 100 copies be 
 printed. 
 
 Said reports are as follows : 
 
 MAJORITY REPORT OF THE COMMITTEE ON THE JUDICIARY. 
 
 A majority of the Judiciary Committee, to whom were referred 
 divers propositions for the amendment of the existing Constitution, 
 have had the same under consideration, and have instructed me to 
 report, in lieu of all the proposed amendments, the following, as a 
 substitute for the fifth and sixth articles of the existing Constitu- 
 tion, and for such portion of the schedule to be attached to the Con- 
 stitution as relates to the subjects referred to them. 
 
 J. B. HEISKELL, Chairman. 
 
123 
 ARTICLE V. 
 
 . 1. The House of Representatives shall have the sole power 
 of impeachment. 
 
 Sec, -. All impeachments shall be tried by the Senate; Avlien 
 sitting for that purpose the Senators shall be upon oath or affirma- 
 tion, (in (I the Chief Justice of the Supreme Court, or if he be on trial 
 the Senior Associate Judge, shall preside over them. No person 
 shall be convicted without the concurrence of two-thirds of the 
 Senators sworn to try the officer impeached. 
 
 Sec. 3. The House of Representatives shall elect, frcm their own 
 body, three members, whose duty it shall be to prosecute impeach- 
 ments. No impeachment shall be tried unless the Legislature shall 
 have 1 adjourned sine die, when the Senate shall proceed to try such 
 impeachment. 
 
 Sec. 4. The Governor, Judges of the Supreme Court, Judges of 
 Inferior Courts, Chancellors, Attorneys for the State, and Secretary 
 of State, shall be liable to impeachment, whenever they may, in the 
 opinion of the House of Representatives, commit any crime in their 
 official capacity which may require disqualification ; but judgment 
 shall only extend to removal from office, and disqualification to fill 
 any office thereafter. The party shall, nevertheless, be liable to 
 indictment, trial, judgment and punishment according to law. 
 
 Sec. 5. Justices of the Peace, and other civil officers not herein- 
 before mentioned, for crimes or misdemeanors in office, shall be 
 liable to indictment in such courts as the Legislature may direct ; 
 and, upon conviction, shall be removed from office by said court, as 
 if found guilty on impeachment ; and shall be subject to such other 
 punishment as may be prescribed by law. 
 
 ARTICLE VI. 
 
 Sec. 1. The Judicial power of this State shall be vested in one 
 Supreme Court, and in such Circuit, Chancery and other inferior 
 courts as the Legislature shall, from time to time, ordain and estab- 
 lish ; in the Judges thereof, and in Justices of the Peace. 
 
 The Legislature may also vest such jurisdiction in Corporation 
 Courts as may be deemed necessary. 
 
 Courts to be holden by Justices of the Peace may also be estab- 
 lished. 
 
 Sec. 2. The Supreme Court shall consist of jive Judges, of whom 
 -not more than two xhall reside in any 01 ,e of the (/rand diri^ions of 
 the State. 
 
 Tli." Judges #h<itf designate one nf their own number who shall pre- 
 side ".s- Chief Justice. 
 
 The concurrence of three of the Judges shall in every case be 
 necessary to a decision. 
 
124 
 
 The jurisdiction of this court shall be appellate only, under such 
 restrictions and regulations as may, from time to time, be prescribed 
 by law ; but it may possess such other jurisdiction as is now con- 
 ferred by law on the present Supreme Court. Said courts shall be 
 held at one place, and at one place only, in each of the three grand 
 divisions of the State. 
 
 Sec. 3. The Governor of the State shall nominate, and by and with 
 the advice and consent of the Senate, shall appoint the Judges of the 
 Supreme Court. 
 
 The consent of the Senate to such nominations shall require the con- 
 currence of two-thirds of the whole number required by law to com- 
 pose that body. 
 
 Every Judge of the Supreme Court shall be thirty-five years 
 of age, and shall, before his appointment, have been a resident of the 
 State for five years. His term of service shall be twelve years. 
 
 Sec. 4. The Judges of the Circuit and Chancery Courts, and of 
 other inferior courts, shall be elected by the qualified . voters of the 
 district or circuit to which they are to be assigned. 
 
 Every Judge of such court shall be thirty years of age, and 
 shall, before his appointment, have been a resident of the State for 
 five years. His term of service shall be ten years. 
 
 Sec. 5. An Attorney General and Reporter for the State shall be 
 appointed by the Judges of the Supreme Court, and shall hold his 
 office for a term of twelve years. 
 
 An Attorney for the State for any circuit or district, for which a 
 judge having criminal jurisdiction shall be provided by law, shall be 
 elected by the qualified voters of such circuit or district, and shall 
 hold his office for a term of six years. 
 
 In nil cases where the Attorney for any district fails or refuses to 
 attend and prosecute according to law, the court shall have power 
 to appoint an Attorney pro tempore. 
 
 Sec. 6. Judges and Attorneys for the State may be removed from 
 office, by a concurrent vote of both Houses of the General Assem- 
 bly, each House voting separately; but two-thirds of all the mem- 
 bers elected to each House must concur in such vote; the vote shall 
 be determined by ayes and noes, and the names of the members 
 voting for or against the Judge or Attorney for the State, together 
 with the cause or causes of removal, shall be entered on the Jour- 
 nals of each House respectively. The Judge or Attorney for the 
 State, against whom the Legislature may be about to proceed, shall 
 receive notice thereof, accompanied with a copy of the causes alleg- 
 ed for his removal, at least ten days before the day on which either 
 House of the General Assembly shall act thereupon. 
 
 Sec. 7. The Judges of the Supreme or Inferior Courts shall, at 
 stated times, receive a compensation for their services, to be ascer- 
 tained by law, which shall not be increased or diminished during 
 the time for which they are elected. They shall not be allowed 
 
125 
 
 any fees or perquisites of office, nor hold any other office of trust or 
 profit under the State, or the United States. 
 
 S-e. S. The jurisdiction of the Circuit, Chancery, and other in- 
 ferior cimrlN shaM be as now established by law, until chanf/cd by the 
 Legislature,, 
 
 Sec. 9. Judges shall not charge juries with respect to matters of 
 fact, but may state the testimony and declare the law. 
 
 Sec. 10. The Judges or Justices of the Inferior Courts of Law 
 shall have power, in all civil cases, to issue writs of certiorari to re- 
 move any cause, or the transcript of the record thereof, from any 
 inferior jurisdiction into such court, on sufficient cause, supported by 
 oath or affirmation. 
 
 Sec. 11. No Judge of the Supreme or Inferior Courts shall pre- 
 side on the trial of any cause in the event of which he may be in- 
 terested, or where either of the parties shall be connected with him 
 by affinity or consanguinity, within such degrees as may be pres- 
 cribed by law, or in which he may have been of counsel, or in 
 which he may have presided in any inferior court, except by con- 
 sent of all the parties. In case all or any of the Judges of the Su- 
 preme Court shall thus be disqualified from presiding on the trial 
 of any cause or causes, the Court, or the Judge thereof, shall certify 
 the same to the Governor of the State, and he shall forthwith 
 specially commission the requisite number of men, of law knowl- 
 edge, for the trial and determination thereof. 
 
 The Legislature may, by general Ar?r#, make provision that Special 
 Judge* met y be appointed to hold any courts the Judge of which shall 
 be unable or fail to attend or sit; or to hear any cause in which the 
 Judge may be incompetent. 
 
 Sec. 12. All writs and other process shall run in the name of the 
 State of Tennessee ; and bear test and be signed by the respective 
 clerks. Indictments shall conclude, " against the peace and dignity 
 of the State." 
 
 Sec. 13. Judges of the Supreme Court shall appoint their clerks, 
 who shall hold office for six years. Chancellors (if Courts of Chan- 
 cery shall be established,) shall appoint their Clerks and Masters, 
 who shall hold their offices for a period of six years. Clerks of 
 such inferior courts as may be hereafter established, which shall be 
 required to be holden in the respective counties of this State, shall 
 be elected by the qualified voters thereof for the term of four years ; 
 they shall be removed from office for malfeasance, incompetency, or 
 neglect of duty, in such manner as may be prescribed by law. 
 
 Sec. 14. No fine shall be laid on any citizen of this State that 
 shall exceed fifty dollars, unless it shall be assessed by a jury of his 
 peers, who shall assess the fine at the time they find the fact, if they 
 think the fine should be more than fifty dollars. 
 
 Sec. 15. The different counties of this State shall be laid off, as 
 the General Assembly may direct, into districts of convenient size, 
 
126 
 
 so that the whole number in each county shall not be more than 
 twenty-five, or four for every one hundred square miles. There 
 shall be two Justices of the Peace and one Constable elected in each 
 District, by the qualified voters therein, except districts including 
 county towns, which shall elect three Justices and two Constables. 
 The jurisdiction of said officers shall be co-extensive with the 
 county. Justices of the Peace shall be elected for the term of six, 
 and Constables for the term of two years. Upon the removal of 
 either of said officers from the district in which he was elected, his 
 office shall become vacant from the time of such removal. Justices 
 of the Peace shall be commissioned by the Governor. The Legis- 
 lature shall have power to provide for the appointment of an ad- 
 ditional number of Justices of the Peace in incorporated towns. 
 
 SCHEDULE. 
 
 Section 1. That no inconvenience may arise from a change of the 
 Constitution, it is declared that all civil officers, except Attorneys- 
 General of the State and the Judges for the several Courts, shall 
 hold their offices until the expiration of their present term of service. 
 
 So much of this Constitution as provides for the appointment of 
 the permanent Judges of the Supreme Court, shall not go into 
 operation until the first day of November, 1871. 
 
 Immediately after the ratification of this Constitution, the Gov- 
 ernor shall nominate, and by and with the advice and consent of 
 the Senate, shall appoint four additional Judges, who, together with 
 the Judges of the present Supreme Court, shall constitute the Su- 
 preme Court until the first of November, 1871, and until the ap- 
 pointment and qualification of the Supreme Court provided for 
 in this Constitution. 
 
 The compensation of each of said four additional Judges shall be 
 five thousand dollars annually. 
 
 Said Judges may sit in two sections, and hear and determine 
 causes at the same time; but they shall not sit in different grand 
 divisions at the same time. 
 
 An Attorney-General for the State shall be appointed after the 
 appointment and qualification of the four Judges of the Supreme 
 Court, herein provided for. 
 
 The present Judges of the Circuit, Chancery and other inferior 
 Courts, shall hold their offices until their successors are elected, un- 
 der this schedule. 
 
 The election for Judges of said inferior Courts shall be held on 
 the day of , 1870, by the Sheriffs of the several coun- 
 ties, in the manner prescribed by the Code. 
 
 MINORITY REPORT OF THE COMMITTEE ON THE JUDICIARY. 
 
 The undersigned, a minority of the Committee on the Judiciary, 
 
127 
 
 not being able to concur in the conclusion arrived at by a majority, 
 br^s leave to submit the following : 
 
 Being the youngest member of the Committee, of experience less 
 enlarged, and of knowledge less accurate and extensive than those 
 with whom he has had the honor to be associated, he presents this 
 report with great deference, and urges, as his excuse for so doing, 
 his utter inability to reconcile with his sense of duty the action of 
 the majority. He would have great distrust of his own judgment 
 if he stood alone in his views, but as he knows himself to be sup- 
 ported by the ablest writers, and by the most eminent Judges who 
 have adorned the jurisprudence both of our own and other coun- 
 tries, and as he feels assured that the majority of the Committee en- 
 tertain views not dissimilar to his own on the main question which 
 has received their consideration, he has entire confidence in the 
 opinions which have actuated him to submit this report. 
 
 Ever since the undersigned was led to reflect upon the subject at 
 all, he has never had a doubt as to the proper method of choosing 
 Judges. It seems to him to be so plain that the method of their 
 appointment and the tenure of their office should be such as to se- 
 cure their independence and impartiality, and that these cannot be 
 secured by popular election, that he is at a loss to understand how 
 any diversity of opinion could have arisen upon the subject. Every 
 good citizen recognizes the importance, nay, the necessity, of an up- 
 right, an impartial, an independent Judiciary. This can never be 
 secured, as the undersigned firmly believes and confidently asserts, 
 by popular elections. If our Judges are to be constantly looking 
 forward to re-election, as they will be, and shaping their conduct 
 accordingly if they are to engage in strife and demoralizing con- 
 tests for office if they are to witness the zealous efforts of friends 
 to retain them in place, and the determined endeavors of those who 
 are not friends, to pull them down they cannot, they will not, as 
 long as human nature is what it now is be independent and im- 
 partial. 
 
 It is in vain to say that if the election of Judges be taken from 
 the people, an unwillingness to trust them will be shown. The un- 
 dersigned has quite as much confidence in the people as those who 
 urge this objection. He believes in the honesty of the people, and 
 that their disposition is tD do right. He cannot disguise from him- 
 self, however, the fact that they are frequently misled; but is happy 
 to know that the " sober second thought " always brings them back 
 to the true path. Whilst the undersigned entertains no distrust of 
 the people, he has a very great distrust of those who habitually 
 seek office before them. The people themselves have no great con- 
 fidence in this class ; and if we establish a system by which our 
 Judges will be compelled to enter the arena and become office-seek- 
 ers, this lack of confidence will soon attach to them, who, above all 
 other men, should be without reproach. If they are to engage in 
 
128 
 
 indecent scuffles for place, they cannot escape infection, and will not 
 be long in learning the arts of the political trickster, and in resort- 
 ing to his practices. It may be safely assumed that their conduct 
 will be shaped with a view to their continuance in office. 
 
 The undersigned does not forget that for some years past the 
 Judges in our State have been elected by the people; but this will 
 hardly be appealed to by the advocates of an elective Judiciary. 
 The recollection is n )t encouraging. The system has not given 
 satisfaction, and its operation should be a sufficient warning without 
 reference to the experience of other States in which the same sys- 
 tem has been adopted, and to which the attention of the advocates 
 of this doctrine might be directed with profit. 
 
 There is nothing in the objection that the non-election of Judges 
 by the people is inconsistent with the principles of a free govern- 
 ment. The undersigned believes it not only to be in accordance 
 with such principles, but necessary to their maintenance. History, 
 were it necessary to appeal to it, would abundantly fortify this con- 
 clusion. In England, the freest and the most enlightened country 
 on the globe except our own, the Judges have always been ap"- 
 pointed by the Crown. She can point to a long list of names of il- 
 lustrious men in the history of her Judiciary who were an honor to 
 their country and to humanity. Her people are, to-day, indebted, 
 in a great measure, to the unswerving impartiality and sturdy in- 
 dependence of her Judges for the fixed and stable character of her 
 institutions. Under this system she has grown solid as a mountain 
 rock ; he** power and her wealth have become almost boundless; her 
 limits have been extended, until she boasts that the sun never sets 
 on her territory, and that her morning reveille is heard all round 
 the globe. 
 
 In our own country, the wisest body of men that ever assembled, 
 provided, in Convention, in 1787, that Judges should not be elected 
 by the people. That act of theirs was ratified by the States of the 
 Confederation, and has been in operation, under our federal system, 
 for more than three-quarters of a century. It has, during all that 
 time, worked well. Independent, enlightened and upright Judges, 
 have presided in our Federal Courts. Every American refers with 
 pride to such men as Marshall and Story, whose names shine among 
 the brightest stars in the galaxy of jurisprudence. Has anyone 
 ever seriously entertained a thought of changing this system to an 
 elective Judiciary ? The undersigned has never so much as heard 
 of a proposition of the kind on the part of any party or person, and 
 he believes that any attempt of the kind would be regarded by the 
 people as an insane project. 
 
 The majority of the Committee have reported that Judges of the 
 Supreme Court should be nominated, and by and with the advice 
 and consent of the Senate, appointed by the Governor. If it be 
 right and rlroper so to appoint Supreme Judges, a fortiori, the 
 
129 
 
 Judges of the inferior Courts should be likewise appointed. Su- 
 preme Judges are, in a great degree, removed from the influences 
 of the prejudices and passions of the day, whilst the Judges of in- 
 ferior Courts are daily brought in contact with them and with the 
 multitude swayed by them. How important, then, to remove as far 
 as possible from these officials all temptation to yield. It is idle to 
 dream of human perfection. Judges have the same imperfections, 
 are liable to the same errors, and are moved by the same excite- 
 ments with ourselves. When we invest a man with the robes of 
 judicial office, we do not, at the same time, invest him with any ad- 
 ditional virtue he is not so panoplied as to ward off all extraneous 
 influences nor doth his dignity so hedge him in as to repel all im- 
 proper approach. We must frame our plans for man as, he is, and 
 not for man as he would be, were he free from vice. 
 
 There is one other proposition reported by the majority to which 
 the undersigned cannot assent. It is this : the majority propose to 
 vacate the offices of all the Circuit Judges and Chancellors in the 
 State immediately upon the ratification of the amended Constitu- 
 tion. With all due deference for the opinion of the Committee, the 
 undersigned cannot see the justice of the measure proposed. In no 
 view that he has been able to take of it can he perceive its pro- 
 priety or its necessity. It is believed that the impolicy of such a 
 step will present itself to the mind of every member of the Con- 
 vention upon the slightest reflection. . We cannot be oblivious, if. 
 we would, of the circumstances which surround us. . It is the part 
 of wisdom, nay, common prudence dictates, that in all our acts we 
 should have reference to the exigencies upon us, whenever we can., 
 do so, as we can in this case, without a sacrifice of principle or vio- 
 lation of right. 
 
 Dismissing this consideration, there are other reasons, satisfactory 
 to the mind pf the undersigned, why these offices should not be va- 
 cated as proposed. The Convention may have the power to. vacate . 
 them, and if the exercise of the power be approved by the people, 
 it will be rendered effectual ; but something more will be required 
 to demonstrate its justice and expediency. During the early part 
 of the last year, and previously thereto, a clamorous demand was . 
 raised for the election of Judges and Chancellors. It was urged, on, 
 all sides that the Constitution had been, and was continually being 
 violated by the Executive in appointing men to fill these offices. 
 The powerful influence of the press was brought to bear in this di- 
 rection. The pressure of public, opinion (not the opinion of any one 
 class or party) become so great that the General Assembly yielded 
 and passed a law to bring about the election of Judges, Chancellors 
 and Attorneys-General. The present incumbents yielded to the 
 solicitations of friends and members of the Bar to become candi- 
 dates they left their practice, in many instances lucrative ; they 
 were elected for the term of eight years, with the understanding 
 9 
 
130 
 
 * 
 
 and the undoubted expectation that they should discharge the 
 duties, and enjoy the emoluments and privileges of their offices for 
 the full period. Yet the proposition is to turn them out before the 
 lapse of one-fourth of their terms, and that without the preferment 
 of any charge. It occurs to the undersigned that we ought not to 
 disappoint the reasonable expectations of these officers, under the 
 circumstances, unless an imperious necessity demanded it. The ob- 
 jection that the present incumbents were elected at a time when no 
 fair expression of the popular will could be had by vote, is more 
 specious than solid. There was a fair, a decided, an overwhelming 
 expression of public opinion in favor of the law to bring about the 
 election at the time therein specified, and the present officials were 
 favored and encouraged to become candidates, by men of all parties. 
 Were we about to inaugurate a new system, it might be proper to 
 put it into operation as soon as practicable ; but to retain the pre- 
 sent plan, and to arbitrarily eject these men from office, and fill 
 their places in the same manner by which they were chosen, would 
 seem to many to be the dictate of party spirit, and to savor of in- 
 justice. Besides, it would bring to bear against our labors an op- 
 position too formidable to be despised or disregarded ; and, in all 
 probability, under the plan proposed by the majority, and as it now 
 exists, we would get no better men than we now have. The un- 
 dersigned has not been able to see how the difficulties of the situa- 
 tion can be better met than to change the method of choosing 
 Judges, but to permit those now in office to continue until the ex- 
 piration of the time for which they were elected. Whilst the new 
 system would be delayed, we would at once reap some of its ad- 
 vantages, and rid ourselves of a great evil incident to the existing 
 system, for the present Judges, knowing that they could not again 
 be elected by the people, would be uninfluenced by any such con- 
 sideration. No necessity for precipitate action can be perceived. 
 We are not sitting here as a legislative assembly, whose acts may, 
 in a few months, be repealed and set aside. We hope and expect 
 our work to last for generations ; and if, by a little delay, we can 
 get a good system, we can well afford to wait. 
 
 The same reasons which have led to these conclusions apply with 
 equal force to Attorneys-General. 
 
 Other amendments have been reported by a majority of the Com- 
 mittee about which there is no material disagreement. Although 
 not in all respects such as could be desired, they are matters about 
 which an opinion may be yielded in deference to the opinions of 
 others or in a spirit of compromise. The undersigned offers, there- 
 fore, the following amendments, viz. : 
 
 ARTICLE VI. 
 
 Section 1.. The judicial power of this State shall be vested in 
 one Supreme Court; in the Circuit and Chancery Courts, and in 
 
131 
 
 such inferior Courts as the Legislature shall, from time to time,, or- 
 dain and establish; and in the Judges thereof and in Justices of 
 the Peace. The Legislature may also vest such jurisdiction as may 
 be deemed necessary in corporation Courts. 
 
 Sec. 2. The Supreme Court shall be composed of three Judges, 
 one of whom shall reside in each of the grand divisions of the 
 State ; the concurrence of two of said Judges shall, in every case, 
 be necessary to a decision. The jurisdiction of this Court shall be 
 appellate only, under such restrictions and regulations as may, from 
 time to time, be prescribed by law ; but it may possess such other 
 jurisdiction as is now conferred by law on the present Supreme 
 Court. Said Courts shall be held at one place, and at one place 
 only, in each of the three grand divisions of the State. 
 
 Sec. 3. The Judges of the Supreme Court, and the Judges of the 
 Circuit and Chancery Courts, and of such inferior Courts as the 
 Legislature may establish, shall be nominated, and by and with the 
 advice and consent of the Senate (a majority of the Senators con- 
 curring) be appointed by the Governor. Courts may be established 
 to be holden by Justices of the Peace. Judges of the Supreme 
 Court shall not be less than forty years of age. 
 
 Sec. 4. The Judges of the Circuit and Chancery Courts, and of 
 the inferior courts, shall not be less than thirty-five years of age. 
 
 Sec. 5. Judges of the Supreme Court shall hold their office for 
 twelve years, and Judges of the Circuit and Chancery and inferior 
 courts for eight years. 
 
 Sec. 6. An Attorney-General for the State at large, and an At- 
 torney-General for the State in each judicial circuit, shall be nom- 
 inated, and by and with the advice and consent of the Senate,. (a 
 majority of the Senators concurring) appointed by the Governor. 
 
 Sec. 7. The Attorney-General for the State shall hold his office 
 for twelve years, and each of the Attorneys-General in the judicial 
 circuits of the State shall hold his office for eight years. 
 
 SCHEDULE. 
 
 Section 1. That no inconvenience may arise from a change of the 
 Constitution, it is declared that all laws shall remain in full force 
 until changed by the General Assembly, which shall sit under this 
 amended Constitution, and all civil officers shall continue to hold 
 their offices and discharge all the duties appertaining to the same 
 until the expiration of the time for which they were elected. 
 
 Sec. 2. To remedy the inconvenience that has arisen from an ac- 
 cumulation of business in the Supreme Court, it is declared, that 
 immediately upon the ratification of this amended Constitution, the 
 Governor shall nominate, and by and with the advice and consent 
 of the Senate, appoint three Judges, one from each of the grand 
 divisions of the (State, who, with the present Supreme Judges, shall 
 
132 
 
 for the time being, constitute the Supreme Court of Tennessee, 
 They shall sit in the same division of the State, but in different 
 chambers, or at different hours, so as in effect to constitute two 
 courts. One of these courts shall hear and determine all the equity 
 causes ; the other all the law causes in said Court, under the laws, 
 rules and regulations as now prescribed in said court. The Judges 
 herein appointed shall receive the same compensation as the present 
 Judges, and shall continue in office until the expiration of the term 
 for which the present Judges were elected ; forever afterwards the 
 Supreme Court shall consist of three Judges, to be appointed as 
 prescribed in Section 3, of Article VI, of this Constitution. 
 
 In all else the undersigned would leave the Judiciary system un- 
 changed. He does not so far mistake the temper of this Conven- 
 tion as to flatter himself that these amendmends will be made. He 
 expects to see them rejected or disregarded ; but whatever may be 
 their fate, he has discharged his duty, and his conscience is at rest. 
 
 Respectfully submitted, 
 
 W. B, STALEY. 
 
 REPORT OX FINANCE, INTERNAL IMPROVEMENTS AND CORPORA- 
 TIONS. 
 
 Mr. GARDNER, from the Committee on Finance, Internal Im- 
 provements and Corporations, made the following report, which was 
 read, and 
 
 On motion of Mr. HOUSE, of Williamson, 100 copies were order- 
 ed to be printed : 
 
 MR. PRESIDENT:- 
 
 The Committee on "Finance, Internal Improvements and Cor- 
 porations/' having had under consideration the subjects referred to 
 them, instruct me to report the following amendments, and recom- 
 mend their adoption by the Convention : 
 
 CORPORATIONS. 
 
 Strike out the proviso at the end of Article XI, Section 7, ano? 
 insert the following : 
 
 " No corporation shall be created by -special laws, but the General 
 Assembly shall provide by general laws for the organization of all 
 corporations, hereafter created, which laws may, at any time, be 
 altered, or repealed/ 7 
 
 TAXATION. 
 
 Strike out the 28th Section of the 2nd Article, and insert the 
 following : 
 
133 
 
 w All property, real, personal or mixed, shall be taxed, except 
 such as may be held by the State, by counties, cities or towns, and 
 used for public or corporation purposes, and such as may be held 
 for purposes purely religious, charitable, scientific, literary or edu- 
 oational ; and except one thousand dollars' worth of personal pro- 
 perty in the hands of each tax-payer, and the direct products of 
 the soil in the hands of the producer, 
 
 " All property shall be taxed according to its value that value 
 to be ascertained in such manner as the Legislature shall direct, so 
 that the same shall be equal and uniform throughout the State. 
 Xo one species of property, from which a tax may be collected, shall 
 be taxed higher than any other species of property of the same 
 value, 
 
 " Capital invested in the buying and selling of merchandise shall 
 be estimated for taxation at the highest value of the stock of mer- 
 chandise on hand at any one period in the year preceding its assess- 
 ment, and merchants shall pay in addition to an ad valorem tax 
 thereupon, a specific tax which shall not exceed five hundred dollars 
 per annum, to be graduated as the Legislature shall direct ; but 
 peddlers and privileges, may be taxed in such manner as may, from 
 time to time, be prescribed by law. 
 
 " The Legislature shall have power to levy a special tax upon in- 
 comes derived from stocks and bonds exempted by the laws of the 
 United States from taxation. 
 
 " All male citizens of this State, over the age of twenty-one years, 
 shall be liable to a poll tax of not less than one nor more than five 
 dollars per annum, until such age as may be fixed by law." 
 
 INTEREST. 
 
 Strike out Article XI, Section 6, and insert the following : 
 " The lega-1 rate of interest in this State shall be six per centum 
 per annum ; but the Legislature shall have power to provide by 
 law for a conventional rate of interest." 
 
 All of which is respectfully submitted, 
 
 JNO. A. GARDNER, 
 
 Chairman. 
 
 EXECUTIVE DEPARTMENT FURTHER CONSIDERED. 
 
 The Convention proceeded to the consideration of the special 
 order of the day. 
 
 Mr. HOUSE'S amendment giving the Governor a qualified veto, 
 \vas taken up, when Mr. PORTER, of Hay wood, offered the follow- 
 ing amendment in lieu of Mr. HOUSE'S : 
 
 Section . Every bill which shall have passed both Houses of 
 
134 
 
 the General Assembly, shall, before it becomes a law, be presented 
 to the Governor. If he approve the bill he shall sign it and depo- 
 sit it in the office of Secretary of State for preservation, and notify 
 the House where it originated of the fact, and the same shall be- 
 come a law. But if he disapprove of it, or any part or parts of it, 
 containing separate and distinct provisions, he shall return it to that 
 House in which it shall have originated, with his objections to the 
 whole or to such part or parts of it as he shall disapprove, which 
 shall enter the objections at large on their Journal and proceed to 
 reconsider it. If after such reconsideration either of an entire bill 
 or of a part or parts of said bill objected to, as the case may be, two- 
 thirds of all the members elected to that House, shall agree to pass 
 the whole bill, it shall be sent together with the objections to the 
 other House, by which it shall be reconsidered, and if approved by 
 two-thirds of all the members elected to that House, it shall become 
 a law, notwithstanding the objections of the Governor. 
 
 If either of the two Houses shall not thus approve of the part or 
 parts objected to, the bill containing such part or parts shall be ap- 
 proved by the Governor, shall, without unnecessary delay alter the 
 the vote is taken on such reconsideration, be engrossed as a separate 
 bill, and returned to the Governor for his signature. But in all 
 such cases the votes of both Houses shall be determined by the yeas 
 and nays, and the names of the members voting for and against the 
 bill shall be entered on the Journals of each House respectively. In 
 case any bill shall not be returned by the Governor within five 
 days (Sundays excepted) after it shall have been presented to him, 
 the same shall be a law in like manner as though he had signed it, 
 and he may approve, sign, and file in the office of the Secretary of 
 State, within five days after the adjournment of the Legislature, 
 any act passed within the last five days of the session, and the same 
 shall become a law ; but unless signed within that time the same 
 shall not become a law. 
 
 Mr. PORTER subsequently withdrew his amendment. 
 
 Mr. THOMPSON, of Maury, demanded the previous question, 
 which demand was sustained. 
 
 Mr. WRIGHT demanded the yeas and nays on the passage of the 
 amendment, which were ordered, and the amendment of Mr. House 
 was adopted. 
 
 Yeas 43 
 
 Nays 25 
 
 Those voting in the affirmative are : 
 
 Messrs. Bate, Baxter, Brandon, Burkett, Burton, Byrne, Camp- 
 bell, Carter, Chowning, Coffin, Cypert, Deavenport, Doherty, 
 Dromgoole, Fentress, Gardner, Garner, Gibson, Gordon, Heiskell, 
 
135 
 
 House of Williamson, House of Davidson, Robertson, and Mont- 
 gomery, Jones of Giles, Kennedy, Key, Mabry, McDougal, Morris, 
 Meeks, Netherland, Nicholson, Porter of Haywood, Porter of 
 Henry, Seay, Shelton, Staley, Stephens, Taylor, Thompson of 
 Davidson, Thompson of Maury, Turner, Williamson and Wright 
 43. 
 
 Those voting in the negative are : 
 
 Messrs. Arledge, Blizard, Branson, Britton, Brooks, Brown of 
 Davidson, Deaderick, Dibbrell, Fielder, Finley, Gaut, GiHbs, Hen- 
 derson, Hill of Warren, Hill of Gibson, Ivie, Jones of Lincoln, 
 Kirkpatrick, Kyle, McNabb, Martin, Parker, Sample and Warner 
 25. 
 
 Mr. House of Davidson, Robertson and Montgomery, moved co 
 reconsider the vote adopting the amendment, and further moved to 
 lay the motion to reconsider on the table, which latter motion pre- 
 vailed. 
 
 PRINTING THE JOURNAL AND DEBATES. 
 
 Mr. GARNER called up the resolution heretofore offered by him, 
 from the Committee on Printing, in relation to printing the Journal 
 and Debates. 
 
 Mr. BAXTER moved to amend the resolution by striking out the 
 words " and debates" and demanded the yeas and nays, which were 
 ordered, and the amendment adopted. 
 
 Yeas 48 
 
 Nays 17 
 
 Those voting in the affirmative are : 
 
 Messrs. Arledge, Bate, Baxter, Blizard, Branson, Brandon, Brit- 
 ton, Brooks, Brown of Davidson, Burkett, Burton, Byrne, Camp- 
 bell, Carter, Chowning, Cypert, Deaderick, Deavenport, Dibbrell, 
 Doherty, Dromgoole, Fielder, Finley, Gardner, Gaut, Gibbs, Gib- 
 son, Gordon, Henderson, Hill of Warren, Hill of Gibson, Jones of 
 Lincoln, Kirkpatrick, Kyle, Mabry, McDougal, McNabb, Martin, 
 Morris, Meeks, Netherland, Nicholson, Parker, Sample, Staley, 
 Stephens, Taylor, and Warner 48. 
 
 Those voting in the negative are : 
 
 Messrs. Fentress, Garner, Heiskell, House of Williamson, House 
 of Davidson, Robertson and Montgomery, Ivie, Jones of Giles, 
 Key, Porter of Haywood, Porter of Henry, Seay, Shelton, Thomp- 
 son of Maury, Turner, Williamson and Wright 17. 
 
 On motion of Mr. JONES of Lincoln, the resolution of tlie, Com- 
 mittee on Printing was laid on the table. 
 
136 
 
 r MEMORIAL. 
 
 Mr. KIRKPATRICK presented a memorial from a number of citi- 
 zens of Hawkins, Grainger and other counties, praying the estab- 
 lishment of a new county, which, without being read, was referred 
 to the Committee on New Counties and County Lines. 
 
 REVISION AND ENROLLMENT. 
 
 Mr. STEPHENS offered the following resolution : 
 
 Resolved, That a Committee on Revision and Enrollment, to con- 
 sist of five members, shall be appointed, whose duty it shall be to 
 have correctly enrolled upon parchment, in a fair round hand, the 
 Constitution as proposed to be amended by this Convention, in cor- 
 rect language, and have the amendments properly inserted in the 
 places and as adopted by the Convention. 
 
 On motion of Mr. STEPHENS, the rules were suspended and the 
 resolution adopted. 
 
 EXECUTIVE DEPARTMENT FURTHER CONSIDERED. 
 
 Mr. MARTIN offered the following resolution, as an independent 
 section to Article III of the Constitution : 
 
 The Governor shall not, in any event, call into service the militia 
 for any party or political purpose, and shall not call them into ser- 
 vice in any case except that of rebellion and invasion, and in such 
 case the General Assembly shall declare the public safety requires it. 
 
 On motion of Mr. FENTRESS, it was ordered that 100 copies be 
 printed for the use of the Convention. 
 
 On motion of Mr. NICHOLSON, the Convention adjourned until 
 Monday morning, at 10J o'clock. 
 
 MONDAY MORNING, JANUARY 24, 1870, 
 
 The Convention met pursuant to adjournment, Mr. President 
 BROWN in the Chair. 
 
 Prayer by the Rev. Mr. WESCHLER. 
 
 The Journal of Saturday was read and approved. 
 
137 
 
 COMMITTEE ON REVISION, ETC. 
 
 The PRESIDENT announced the following gentlemen as constitut-' 
 ing the Committee on Revision and Enrollment.: W. H. Stephens, 
 H. R. Bate, A. Blizard, A. O. P. Nicholson, John F. House. 
 
 LEAVE OF ABSENCE. 
 
 On motion of Mr. DOHERTY, leave of absence was granted Mr. 
 Meoks on account of sickness. 
 
 Leave of absence was also granted Mr. THOMPSON, of Davidson, 
 on account of sickness. 
 
 MEMORIAL. 
 
 Mr. KIRKPATRICK presented a memorial from citizens of Wash- 
 ington, Green, Hawkins and Sullivan Counties, praying for a new 
 county to be formed out of fractions of said counties, which, with- 
 out being read, was referred to ^the Committee on New Counties 
 and County Lines. 
 
 REPORT OF COMMITTEE ON LEGISLATIVE DEPARTMENT. 
 
 Mr. STEPHENS, from the Committee on the Legislative Depart- 
 ment, made the following report, 100 copies of which wore, on mo- 
 tion of Mr. Gardner, ordered printed for the use of the Convention. 
 MR. PRESIDENT : 
 
 I am instructed by the Committee on the Legislative Department 
 to report that they have had under consideration the various mat- 
 ters referred to them ; and not supposing it necessary to repeat here 
 each proposition, or to discuss its merits, they have deemed it suffi- 
 cient to announce the following as their unanimous conclusion upon 
 the whole matter. 
 
 The change of dates in some of the sections of Article II, which 
 they recommend, are such as are necessary to adapt the Constitu- 
 tion to the new starting point from which we are setting out. The 
 more important amendments which they propose to engraft on 
 Article II, such as those regulating the compensation of members of 
 the General Assembly, and the mode of enacting laws, and the 
 power of .the Legislature to embark the State in debt, and the power 
 of counties and incorporated cities and towns to loan their credit, 
 and to become joint stockholders with others, are, all of them, the 
 result of an earnest conviction on the part of the committee 1 that 
 sonic such changes in the organic law arc essential to the prosperity 
 of the State, 
 
138 
 
 It appearing that the subjects embraced within Section 28 of 
 Article II, were properly within the jurisdiction of the Committee 
 on Finance, Internal Improvements, and Corporations, the consid- 
 eration of that section, by mutual agreement, was referred to that 
 committee. The section recommended by them, in lieu of Section 
 28, is inserted in its proper order in this report. 
 
 Taking up Article II, I am instructed to recommend that said 
 Article be amended as follows : 
 
 Section 3 To the end of this section add the words, " who shall 
 hold their offices for two years from the day of the general elec- 
 tion." 
 
 Section 4 Strike out the word " forty-one " in the third line, 
 and insert the word "seventy-one." 
 
 Section 7 Strike out the word " thirty-five " in the third line, 
 and insert " seventy-one." 
 
 Sec. 8 Strike out the word " thirty-five " in the third line, and 
 insert " seventy-one." 
 
 Sec. 11 Strike out in the fourth line the words "Two-thirds of 
 each House," and insert " Not less than two-thirds of all the mem- 
 bers to which each House shall be entitled." 
 
 Sec. 17 Add to the end of this section the words, " No bill shall 
 pass which embraces more than one subject; that subject to be ex- 
 pressed in the title. All acts which repeal, revive or amend for- 
 mer laws, shall recite in their caption or otherwise the title or sub- 
 stance of the law repealed, revived or amended." 
 
 Sec. 18 Strike out all after the word " shall," near the end of 
 the third line, and insert " have been read and pased on three differ- 
 ent days in each house, the assent of a majority of all the members 
 to which that house shall be entitled under this Constitution ; and 
 shall have been signed by the respective Speakers, in open session, 
 the fact of such signing to be noted on the Journal ; and shall have 
 received the approval of the Governor, or shall have been other- 
 wise passed under the provisions of this Constitution." 
 
 Sec. 21 Strike out " two" in the sixth line, and insert <f five." 
 
 Sec. 23 Strike out the word " first" in the third line. 
 
 After the word " Assembly," at the end of the third line, insert 
 " elected after the ratification of the Constitution." 
 
 After the word " services," in the fourth line, strike out all of 
 said section, and insert, " But no member shall be paid for more 
 than seventy-five days of a regular session, or for more than twenty 
 days of an extra or called or adjourned session, or for any day when 
 absent from his seat in the Legislature, unless physically unable to 
 attend. The Senators,* when sitting as a Court of Impeachment, 
 shall each receive four dollars per day of actual attendance. 
 
 Sec. 28 Amended as reported by the Chairman of the Committee 
 on Finance, etc. 
 
 Sec. 29 Add to the end as follows : " But the credit of no 
 
139 
 
 county, city, or town shall be given or loaned to or in aid of any 
 person, company, association or corporation, except upon an elec- 
 tion to be first held by the qualified voters of such county, city, or 
 town, and the assent of three-fourths of the votes cast at said elec- 
 tion. Nor shall any county, city or town become a stockholder 
 with others in any company, association, or corporation, except 
 upon a like election, and the assent of a like majority." 
 
 Section 31 Strike out this section and insert : " The credit of 
 this State shall not be hereafter loaned or given to or in aid of any 
 person, association, company, corporation or municipality ; nor shall 
 the State become a stockholder with others in any association, com- 
 pany, corporation or municipality." 
 
 With these amendments, Article II, in its complete form, will 
 read as hereinafter written. 
 
 Respectfully submitted, 
 
 WM. H. STEPHENS, Chairman. 
 
 January 24th, 1870. 
 
 ARTICLE II. 
 
 DISTRIBUTION OF POWERS. 
 
 Sec. 1. The powers of the Government shall be divided into 
 three distinct departments : the Legislative, Executive and Judicial. 
 
 Sec. 2. No person or persons belonging to one of these depart- 
 ments shall exercise any of the powers properly belonging to either 
 of the others, except in the cases herein directed or permitted. 
 
 LEGISLATIVE DEPARTMENT. 
 
 Sec. 3. The legislative authority of this State shall be vested in a 
 General Assembly, which shall consist of a Senate and House of 
 Representatives, both dependent on the people, who shall hold their 
 ottice for two years from the day of the general election. 
 
 Sec. 4. An enumeration o the qualified voters and an apportion- 
 ment of the Representatives in the General Assembly, shall be 
 made in the year one thousand eight hundred and seventy-one, and 
 within every subsequent term often years. 
 
 Sec. 5. The number of Representatives shall, at the several pe- 
 riods of making the enumeration, be apportioned among the sever- 
 al counties or dislricts according to the number of qualified voters 
 in each; and shall not exceed seventy-five until the population of 
 the State shall be one million and a half, and shall never thereafter 
 exceed ninety-nine. Provided, That any county having two-thirds 
 of the ratio shall be entitled to one member. 
 
 Sec. 6. The number of Senators shall, at the several periods of 
 making the enumeration, be apportioned among the several coun- 
 
140 
 
 ties or districts, according to the number of qualified voters in each, 
 and shall not exceed one-third the number of Representatives. In 
 apportioning the Senators among the different counties, the frac- 
 tion that may be lost by any county or counties, in the apportion- 
 ment of members to the House of Representatives, shall be made up 
 to such county or counties in the Senate as near as may be prac- 
 ticable. When a district is composed of two or more counties, they 
 shall be adjoining; and no county shall be divided in forming a 
 district. 
 
 Sec. 7. The first election for Senators and Representatives shall 
 be held on the first Thursday in August, one thousand eight hun- 
 dred and seventy-one ; and forever thereafter, elections for members 
 of the General Assembly shall be held once in two years, on the 
 first Thursday in August ; and elections shall terminate the same 
 day. 
 
 Sec. 8. The first session of the General Assembly shall commence 
 on the first Monday in October, one thousand eight hundred and 
 seventy-one ; and forever thereafter the General Assembly shall 
 meet on the first Monday in October next ensuing the election. 
 
 Sec. 9. No person shall be a Representative unless he shall be a 
 citizen of the United States of the age of twenty-one years, and shall 
 have been a citizen of this State for three years, and a resident in 
 the county he represents one year immediately preceding the elec- 
 tion. 
 
 Sec. 10. No person shall be a Senator unless he shall be a citizen 
 of the United States, of the age of thirty years, and shall have re- 
 sided three years in this State, and one year in the county or dis- 
 trict immediately preceding the election. No Senator or Represen- 
 tative shall, during the time for which he was elected, be eligible 
 to any office or place of trust, the appointment to which is vested in 
 the Executive or the General Assembly, except to the office of 
 trustee of a literary institution. 
 
 Sec. 11. The Senate and House of Representatives, when assem- 
 bled shall each choose a Speaker and its other officers, be judge of 
 the qualifications of its members, and sit upon its own adjourn- 
 ments from day to day. Not less than two-thirds of all the mem- 
 bers to which each House shall be entitled, shall constitute a 
 quorum to do business ; but a smaller number may adjourn from 
 clay to day, and may be authorized by law to compel the attend- 
 ance of absent members. 
 
 Sec. 12. Eich House may determine the rules of its proceedings, 
 punish its members for disorderly behavior, and, with the concur- 
 rence of two-thirds, expel a member, but not a second time for the 
 same offence; and shall have all other powers necessary for a 
 branch of the Legislature of a free State. 
 
 Sec. 13. Senators and Representatives shall in all cases, except 
 treason, felony, or breach of the peace, be privileged from arrest 
 
141 
 
 during the session of the General Assembly, and in going to and 
 returning from the same; and for any speech or debate in either 
 House, they shall not be questioned in any other place. 
 
 Sec. 14. Each House may punish by imprisonment, during its 
 session, any person, not a member, who shall be guilty of disrespect 
 to the House, by any disorderly or any contemptuous behavior in its 
 presence. 
 
 Sec. 15. When vacancies happen in either House, the Governor 
 for the time being, shall issue writs of election to fill such va- 
 cancies. 
 
 Sec. 16. Neither House shall, during its session, adjourn without 
 the consent of the other for more than three days, nor to any other 
 place than that in which the two Houses shall be sitting. 
 
 Sec. 17. Bills may originate in either House ; but may be amend- 
 ed, altered, or rejected by the other. No bill shall pass which em- 
 braces more than one subject; that subject to be expressed in the 
 title. All acts which repeal, revive or amend former laws shall 
 recite in their caption or otherwise the title or substance of the law 
 repealed, revived or amended. 
 
 Sec. 18. Every bill shall be read once on three different days, 
 and be passed each time in the House where it originated, before 
 transmission to the other. No bill shall become a law until it shall 
 have been read and passed, on three different days in each House, 
 and shall have received, on its final passage in each House, the 
 assent of a majority of all the members to which that House shall 
 be entitled under this Constitution ; and shall have been signed by 
 the respective Speakers in open session the fact of such signing to 
 be noted on the Journal ; and shall have received the approval of 
 the Governor, or shall have been otherwise passed under the pro- 
 visions of this Constitution. 
 
 Sec. 19. .After a bill has been rejected, no bill containing the 
 same substance shall be passed into a law during the same session. 
 
 Sec. 20. The style of the laws of this State shall be, " Be it en- 
 acted by the General Assembly of the State of Tennessee" 
 
 Sec. 21. Each House shall keep a Journal of its proceedings, and 
 publish it, except such parts as the welfare of the State may require 
 to be kept secret; the ayes and noes shall be taken in each House 
 upon the final passage of every bill of a general character, and bills 
 making appropriations of public moneys ; and the ayes and noes of 
 the members on any question, shall, at the request of any five of 
 them, be entered on the Journal. 
 
 Sec. 22. The doors of each House, and of Committees of the 
 Whole, shall be kept open, unless when the business shall be such 
 as ought to be kept secret. 
 
 Sec. 23. The sum of four dollars per day, and four dollars for 
 every twenty-five miles traveling to and from the seat of govern- 
 ment, shall be allowed to the members of the General Assembly 
 
142 
 
 elected after the ratification of this Constitution, as a compensation 
 for their services. But no member shall be paid for more than 
 seventy-five days of a regular session, or for more than twenty days 
 of any extra or called or adjourned session ; or for any day when 
 absent from his seat in the Legislature unless physically unable to 
 attend. The members, when sitting as a court of impeachment, 
 shall each receive four dollars per day of actual attendance. 
 
 Sec. 24. No money shall be drawn from the treasury, but in con- 
 sequence of appropriations made by law ; and an accurate state- 
 ment of the receipts and expenditures of the public money shall be 
 attached to and published with the laws at the rise of each stated 
 session of the General Assembly. 
 
 Sec. 25. No person who heretofore hath been, or may hereafter be, 
 a collector or holder of public moneys, shall have a seat in either 
 House of the General Assembly, until such person shall have ac- 
 counted for, and paid into the Treasury, all sums for which he may 
 be accountable or liable. 
 
 Sec. 26. No Judge of any Court of Law or Equity, Secretary of 
 State, Attorney General, Register, Clerk of any Court of Record, or 
 person holding any office under the authority of the United States, 
 shall have a seat in the General Assembly : nor shall any person in 
 this State hold more than one lucrative office at the same time ; 
 Provided, that no appointment in the militia, or to the office of Jus- 
 tice of the Peace, shall be considered a lucrative office, or operative 
 as a disqualification to a seat in either House of the General As- 
 sembly. 
 
 Sec. 27. Any member of either House of the General Assembly 
 shall have liberty to dissent from and protest against, any act or re- 
 solve which he may think injurious to the public or to any indivi- 
 dual, and to have the reasons for his dissent entered on the journals. 
 
 Sec. 28. " All property, real, personal or mixed, shall be taxed, 
 except such as may be held by the State, by counties, cities or towns, 
 and used for public or corporation purposes, and such as may be 
 held for purposes purely religious, charitable, scientific, literary or 
 educational, and except one thousand dollars^ worth of personal 
 property in the hands of each tax-payer, and the direct product of 
 the soil in the hands of the producer. 
 
 All property shall be taxed according to its value, that value to 
 be ascertained in such manner as the Legislature shall direct, so 
 that the same shall be equal and uniform throughout the State. 
 No one species of property from which a tax may be collected shall 
 be taxed higher than any other species of property of the same 
 value. 
 
 Capital invested in the buying and selling of merchandise shall 
 be estimated at the highest value of the stock of merchandise on 
 hand at any one period of the year preceeding its assessment ; and 
 merchants shall pay, in addition to an ad volarem tax thereupon, a 
 
143 
 
 specific tax, which shall not exceed five hundred dollars per annum, 
 to be graduated as the Legislature shall direct; but peddlers and 
 privileges may be taxed in such manner as may from time to time be 
 prescribed by law. 
 
 The Legislature shall have power to levy a special tax upon in- 
 comes derived from stocks and bonds, exempted by the laws of the 
 United States from taxation. 
 
 All male citizens of this State, over the age of twenty-one years, 
 shall be liable to a poll tax of not less than one nor more than five 
 dollars per annum, until such age as may be fixed by law. 
 
 Sec. 29. The General Assemly shall have power to authorize the 
 several counties and incorporated towns in this State, to impose 
 taxes for county and corporation purposes respectively, in such man- 
 ner as shall be prescribed by law, and all property shall be taxed 
 according to its value, upon the principles established in regard to 
 State taxation. 
 
 But the credit of no county, city or town shall be given or loaned 
 to or in aid of any person, company, association or corporation ex- 
 cept upon an election to be first held by the qualified voters of such 
 county, city or town, and the assent of three-fourths of the votes 
 cast at said election. Nor shall any county, city or town become a 
 stockholder with others in any company, association, or corporation, 
 except upon a like election and the assent of a like majority. 
 
 Sec. 30. No article manufactured of the produce of this State, 
 shall be taxed otherwise than to pay inspection fees. 
 
 Sec. 31. The credit of this State shall not be hereafter loaned or 
 given to or in aid of any person, association, company, corporation 
 or municipality : nor shall the State become a stockholder with 
 others in any association, company, corporation or municipality. 
 
 THE EIGHT OF SUFFRAGE CONSIDERED. 
 
 On motion of Mr. NICHOLSON the Convention proceeded to the 
 consideration of the report of the Committee on Franchise and 
 Right of Suffrage. 
 
 Mr. WARNER moved to pospone the consideration of the report 
 until to-morrow, which motion was rejected. 
 
 Mr. JONES, of Lincoln, moved the adoption of the report of the 
 minority of the Committee in lieu of the recommendation of the 
 majority pending the consideration of said motion, the Conven- 
 tion, 
 
 On motion of Mr. BATE, adjourned until to-morrow morning, 
 at 10 o'clock. 
 
lit 
 
 TUESDAY MORNING JANUARY 25, 1870. 
 
 The Convention met pursuant to adjournment, Mr. President 
 BROWN in the Chair. 
 
 Prayer by the Rev. Mr. McNEELEY. 
 
 The Journal of yesterday was read and approved. 
 
 The Roll was called for Memorials and Petitions. 
 
 TO AMEND THE RULES. 
 
 Mr. BRITTON submitted the following amendment to the Rules : 
 Resolved, That the rules governing the proceedings of this House 
 be so amended, that no member shall be permitted to speak more 
 than fifteen minutes upon any single proposition proposing an 
 amendment to the Constitution, unless he shall first obtain leave of 
 the Convention to do so. 
 
 Resolved, further, That this rule shall not apply to the proposi- 
 tion now under consideration, but to all propositions that may here- 
 after come up for consideration in this House. 
 
 MEMORIAL. 
 
 Mr. IVIE presented a memorial from a large number of citizens 
 of Bedford, Marshall and Rutherford counties, in favor of estab- 
 lishing a new county, which, without being read, was referred to 
 the Committee on New Counties and County Lines. 
 
 EXECUTIVE DEPARTMENT FURTHER CONSIDERED. 
 
 On motion of Mr. JONES, of Lincoln, the unfinished business of 
 yesterday was postponed and the resolution of Mr. MARTIN, defin- 
 ing the terms on which the militia shall be called into service, was 
 taken up. 
 
 On motion of Mr. JONES, of Lincoln, the resolution of Mr. 
 MARTIN was amended by striking out the words " for any party or 
 political purpose, and shall not call them into service in any case." 
 The resolution as amended will read : 
 
 The Governor shall not, in any event, call into service the militia 
 
145 
 
 except that of rebellion or invasion j and in such case the General 
 Assembly shall declare the public safety requires it. 
 
 Mr. DBOMGOOI.E offered the following in lieu : 
 
 t( The Governor shall not call into service the militia of this 
 State in any ease, unless the General Assembly shall declare the 
 public safety requires it." 
 
 Mr. HOUSE, of Davidson, Robertson and Montgomery, submitted 
 the following, in lieu of the original resolution and the amendment 
 in lieu : 
 
 The Governor shall have no power to call the militia into service 
 except in case of armed rebellion or invasion ; and in such case the 
 General Assembly, by a majority of two-thirds of all the members 
 elected to each House, shall first declare, by joint resolution that, 
 the public safety requires it. 
 
 Mr. HEISKELL submitted the following in lieu of the original 
 resolutions and all pending amendments : 
 
 The General Assembly shall have no power to authorize the 
 militia to be called into actual service, except when in case of rebel- 
 lion or invasion the public safety may require it. 
 
 In case the law shall be resisted by combinations too powerful to 
 be controlled by the civil authorities of the State, such call may be 
 authorized for not more than ten days at a time, and then only by 
 a law declaring; the necessity to exist and denning the powers to be 
 conferred. 
 
 Mr; JONES, of Lincoln, moved to lay the original resolution and 
 the amendments on- the table. 
 
 Mr. MARTIN demanded the yeas and nays, which were ordered 
 and the mqtion to lay on the table lost. 
 
 Yeas 14 
 
 ]S T ays 54 
 
 Those voting in the affirmative are : 
 
 Messrs. Bate, Branson, Britton, Carter, Finley, Garner, Gibson, 
 Hill of Warren, Jones of Lincoln, Kirpatrick, Mabry, Parker, 
 Staley and Thompson of Maury 14. 
 
 Those voting in the negative are :. 
 
 Messrs. Allen, Arledge, Baxter, Blackburn, Blizard, Brandon, 
 Brooks, Brown of Davidson, Brown of Henry j etc.; Burkett, Bur- 
 ton, Byrne, Campbell, Chowning, Coffin, Cypert, Deaderick, Deav- 
 enport, Dibbrell, Doherty, Dromgoole, Fentress, Fielder, Fulker- 
 son, Gardner, Gaut, Gibbs, Gordon, Heiskell, Henderson, Hill of 
 Gibson, House of Davidson etc., Ivie, Jones of Giles, Kennedy, 
 Key, Kyle, McDougal, McNabb, Martin, Morris, Meeks, Nether- 
 10 
 
146 
 
 land, Nicholson, Porter of Henry, Sample, Seay, Shepard, Shelton, 
 Stephens, Taylor, "Warner, Williamson and Wright 54. 
 
 Mr. HOUSE, of Davidson, Robertson and Montgomery, moved 
 to refer the resolution and amendment to the Committee on the 
 Executive Department. 
 
 Mr. MARTIN moved to amend the motion by referring the whole 
 subject to a special Committee of five, which motion was concurred 
 in by the Convention. 
 
 LEAVE OF ABSENCE. 
 
 On motion of Mr. Hill, of Warren, leave of absence was granted 
 Mr. Cummings, on account of sickness. 
 
 AMENDMENTS PROPOSED. 
 
 Mr. GARNER submitted the following resolution, which was read 
 and referred to the Committee on Miscellaneous Provisions : 
 
 Resolved, That the Committee on Miscellaneous Subjects be in- 
 structed to enquire into and report as to the expediency of adopting 
 the following as Section 14, of Article XI, of the Constitution, viz : 
 
 Section 14. A homestead in the hands of each head of a family 
 in this State, occupied as a residence, together with all the improve- 
 ments on the same, to the value of not exceeding two thousand 
 dollars shall be exempt from forced sale under any process of law 
 during the life time of such head of a family and the minority of 
 his or her children, and shall not be alienated without the joint 
 consent of husband and wife when that relation exists ; but no pro- 
 perty shall be exempt from sale for taxes, or for the payment of 
 obligations contracted for the purchase of said premises, or for the 
 erection of improvements thereon. 
 
 THE ELECTIVE FRANCHISE FURTHER CONSIDERED. 
 
 The Convention proceeded to the consideration of the report of 
 the Committee on Franchise and the Right of Suffrage, and the 
 substitute offered by Mr. JONES, of Lincoln. 
 
 Before coming to a conclusion, the Convention, at 2 o'clock, P.M., 
 On motion of Mr. HEISKELL, took a recess until 3 o'clock, P. M. 
 
147 
 
 AFTERNOON SESSION. 
 
 
 
 The Convention assembled at 3 o'clock p. M., Mr. President 
 BROWN in the Chair. 
 
 Mr. JONES, of Lincoln, moved that the Convention adjourn un- 
 til to-morrow morning at 10 o'clock. 
 
 Mr. HILL, of Warren, demanded the yeas and nays, which were 
 ordered, and the motion to adjourn failed. 
 
 Yeas 7 
 
 Nays 39 
 
 Those voting in the affirmative are : 
 
 Messrs. Allen, Arledge, Burton, Dromgoole, Jones of Lincoln, 
 Porter of Henry, and Williamson 7. 
 
 Those voting in the negative are : 
 
 Messrs. Baxter, Blizard, Brandon, Branson, Britton, Brooks, 
 Brown of Davidson, Burkett, Byrne, Campbell, Carter, Chowning, 
 Deaderick, Finley, Fulkerson, Gardner, Garner, Gibbs, Gibson, 
 Gordon, Hill of Warren, Hill of Gibson, Hou^e of Davidson, 
 Robertson and Montgomery, Ivie, Jones of Giles, Mabry, McDoug- 
 al, McNabb, Morris, Nicholson, Parker, Seay, Shepard, Staley, 
 Stephens, Thompson of Davidson, Thompson of Maury, Turner 
 and Warner 39. 
 
 Mr. STALEY submitted the following amendment to the report of 
 the majority : 
 
 Strike out in seventh, eighth and ninth lines the following : 
 
 " Except that each voter shall give to the Judges of Election, 
 where he offers to vote, satisfactory evidence that he has paid the 
 poll taxes then due from him, without which his vote cannot be re- 
 ceived." 
 
 The section will then read : " Every man of the age of twenty- 
 one years, being a citizen of the United States, and a citizen of the 
 county wherein he may offer his vote, six months next preceding 
 the day of election, shall be entitled to vote for members of the 
 General Assembly and other civil officers, for the county or district 
 in which he resides, and there shall be no qualification attached to 
 the right of suffrage. All male citizens of the State shall be sub- 
 ject to the payment of poll taxes and to the performance of military 
 duty within such ages as may be prescribed by law ; Provided, 
 
148 
 
 that the General Assembly shall have power to enact laws requir- 
 ing voters .to vote in- the election precincts in which they may re- 
 side, and laws to secure the freedom of elections and the purity of 
 the ballot box." 
 
 Without coming to a conclusion, the Convention, on motion of 
 Mr. HOUSE, of Montgomery, adjourned until to-morrow morning, 
 at 10 o'clock. 
 
 WEDNESDAY MORNING, JANUARY 26, 1870. 
 
 The Convention met pursuant to adjournment, Mr. President 
 BROWN in the Chair. 
 
 Prayer by the Rev. Mr. SAMPLE, a member of the Convention. 
 The Journal of yesterday was read and approved. 
 The roll was called for memorials and petitions. 
 
 AMENDMENT PROPOSED. 
 
 Mr. GARDNER submitted the following resolution, which was 
 read and referred to the Committee on Elections : 
 
 Resolved, That in filling vacancies in all offices under this Con- 
 stitution, occasioned by death, resignation or removal, the appoint- 
 ment or election shall be made for the unexpired term. 
 
 HOUR OF MEETING. 
 
 Mr. JONES, of Lincoln, submitted the following resolution : 
 Resolved, That hereafter the hour of meeting of the Convention 
 shall be 9 o'clock, A. M.; it shall sit until 1 o'clock, p. M., and take 
 a recess until 2J o'clock, P. M., unless otherwise ordered by the 
 Convention. 
 
 On motion of Mr. GARNER the rules were suspended, and the 
 resolution was taken up, when. 
 
149 
 
 On motion of Mr. BAXTER the resolution was amended by strik- 
 ing out 9 and substituting 9J o'clock, and the resolution as amended 
 was adopted by the Convention. 
 
 PROPOSITION IN LIEU OF THE MAJORITY REPORT OF THE JUDICI- 
 ARY COMMITTEE. 
 
 Mr. HILL, of Gibson, submitted *the following in lieu of the re- 
 port of the majority of the Committee on the Judicial Department, 
 which, on motion of Mr. HOUSE, of Montgomery, was ordered to 
 be laid on the table, and 100 copies ordered to be printed : 
 
 ARTICLE V, 
 
 Section 1. The House of Representatives shall have the sole 
 power of impeachment 
 
 Sec. 2. All impeachments shall be tried by the Senate. "When 
 sitting for that purpose the Senators shall be upon oath or affirma- 
 tion, and the Chief Justice of the Court of Errors and Appeals, or, 
 if he be on trial, the Senior Associate Judge shall preside over them. 
 Xo person shall be convicted without the concurrence of two-thirds 
 of the Senators sworn to try the officer impeached. 
 
 Sec. 3. The House of Representatives shall elect, from their own 
 body, three members, whose duty it shall be to prosecute impeach- 
 ments. No impeachment shall be tried until the Legislature shall 
 have adjourned sine die, when the Senate shall proceed to try such 
 impeachment. 
 
 Sec. 4. The Governor, Judges of the Court of Errors and Ap- 
 peals, Judges of the Supreme Courts, Judges of the Inierior Courts, 
 Chancellors, Attorneys for the State, and Secretary of State, shall 
 be liable to impeachment, whenever they may, in the opinion of the 
 House of 'Representatives, commit any crime in their official capa- 
 city which may require disqalification ; but judgment shall only 
 extend to removal from office, and disqualification to fill any office 
 thereafter. The party shall, nevertheless, be liable to indictment, 
 trial, judgment and punishment, according to law. 
 
 Sec. 5. Justices of the Peace, and other civil officers, not herein- 
 before mentioned, for crimes or misdemeanors in office, shall be lia- 
 ble to indictment in such courts as the Legislature may direct; and 
 upon conviction, shall be removed from office by said court, a> i 
 found guilty on impeachment ; and shall be subject to such other 
 punishment as may be prescribed by law. 
 
 ARTICLE VI. 
 
 Section 1. The Judicial power of this State shall be vested in one 
 Court of Errors and Appeals, and in three Supreme Courts, and in 
 
150 
 
 such Circuit, Chancery and other inferior Courts as the Legislature 
 shall from time to time ordain and establish, and the Judges thereof, 
 and in Justices of the Peace. The Legislature may also vest such 
 jurisdiction in corporation courts as may be deemed necessary. 
 Courts to be hold en by Justices of the Peace may also be estab- 
 lished. 
 
 Sec. 2. The Court of Errors and Appeals shall consist of three 
 Judges, of whom not more than one shall reside in any one of the 
 grand divisions of the State. They shall be elected by the qualified 
 voters of the State at large. They shall hold one term of the Court 
 of Errors and Appeals annually, in. the city of Nashville, at such 
 times as the Legislature shall fix. They shall designate one of their 
 number who shall preside as Chief Justice. The concurrence of 
 two of said Judges shall, in every case, be necessary to a decision. 
 Every Judge of the Court of Errors and Appeals shall be not less 
 than thirty-five years of age, and shall, before his election, have 
 been a resident of the State five years. The jusisdiction of this 
 Court shall be appellate only under such restrictions and regulations 
 as may be prescribed, from time to time, by law; Provided, that 
 this Court shall have jurisdiction of no cause except such as may be 
 prosecuted to this Court from the Supreme Courts, under such re- 
 strictions and regulations as may now exist or may be fixed, from 
 time to time, by law, for the removing of causes from Inferior 
 Courts to Superior Courts for the correction of errors ; Provided, 
 that the Court of Errors and Appeals shall have jurisdiction of no 
 civil cause, except in cases involving questions of the constitution- 
 ality of an Act of the General Assembly, or the rights and duties 
 of public officers, when the amount involved is less than $500 00 ; 
 Provided, the Legislature shall have power to fix, from time to 
 time with the exception before named the amount over which 
 this Court shall have jurisdiction ; Provided, the amount shall not 
 be less than $500 00; Provided, that causes involving the constitu- 
 tionality of an Act of the General Assembly, or the rights and 
 duties of public officers, shall be prosecutea direct to the Court of 
 Errors and Appeals from such Inferior Courts as may now exist or 
 be established, from time to time, by law, in the same manner as 
 causes are now removed from said Inferior Courts to the present 
 Supreme Court, and under such other restrictions and regulations 
 as may be fixed from time to time, by law. 
 
 Sec. . There shall be three Supreme Courts. One of said 
 Courts shall be held at Knoxville, for the Grand Division of East 
 Tennessee ; one shall be held at Nashville, for the Grand Division 
 of Middle Tennessee ; one shall be held at Jackson, for the Grand 
 Division of West Tennessee. The Legislature shall fix the time 
 for the holding of these Courts. Each Court shall be composed of 
 three Judges, one of whom shall be one of the Judges of the Court 
 of Errors and Appeals, who shall preside as Chief Justice of the 
 
151 
 
 Supreme Court. The other two Judges shall reside in the respect- 
 ive Grand Divisions of the State where the Court is to be held, and 
 shall be elected by the qualified voters of said Grand Division. 
 The concurrence of two of said Judges shall, in every case, be nec- 
 essary to a decision. No Judge of the Supreme Courts shall be 
 less than thirty years of age, and he shall, before his election, have 
 been a resident of the State five years. His term of office shall be 
 eight years. The jurisdiction of the Supreme Courts shall be the 
 same as is now by law conferred upon the present Supreme Court 
 under such other restrictions and regulations as may be fixed, from 
 time to time, by law ; Provided, that the Supreme Courts shall have 
 no jurisdiction over any cause wherein is involved any question of 
 the constitutionality of any Act of the General Assembly, or the 
 rights and duties of public officers. 
 
 Sec. . An Attorney General and Reporter for the State shall 
 be appointed by the Judges of the Court of Errors and Appeals, 
 and he shall hold his office for the term of eight years. An Attor- 
 ney General for each Grand Division of the State shall be elected 
 by the qualified voters thereof, and he shall hold his office for eight 
 years. Attorneys for the State for any Circuit or District, as may 
 now exist, or hereafter be established by law, shall be elected by the 
 qualified voters of said Circuit or District, and shall hold their 
 offices for the term of six years, or 'as may be fixed from time to 
 time by law. In all cases where the Attorney for any Division or 
 District fails or refuses to attend and prosecute, according to law, 
 the Courts shall have power to appoint an Attorney pro tern. 
 
 Sec. . Judges and Attorneys for the State may be removed 
 from office by a concurrent vote of both Houses of the General As- 
 sembly, each House voting separately; but two-thirds of all the 
 members elected to each House must concur in such vote; the vote 
 shall be determined by ayes and noes, and the names of the mem- 
 bers voting for or against the Judge or Attorney for the State, to- 
 gether with the cause or causes of removal, shall be entered on the 
 Journals of each House, respectively. The Judge or Attorney for 
 the State, against whom the Legislature may be about to proceed, 
 shall receive notice thereof, accompanied with a copy of the causes 
 alleged for his removal, at least ten days before the day on which 
 either House of the General Assembly shall act thereupon. 
 
 Sec. . The Judges of the Courts of Errors and Appeals, and 
 the Supreme Courts and Inferior Courts, shall, at stated times, rer 
 ceive a compensation for their services, to be ascertained by law,, 
 which shall not be increased or diminished during the time for 
 which they are elected. They shall not be allowed any fees or perqui^ 
 sites of office ; nor hold any other office of trust or profit under this 
 State, or the United States. 
 
 Sec. . The jurisdiction of the Circuit, Chancery and other In- ... 
 
152 
 
 ferior Courts, shall be as now established by law, until changed by 
 the Legislature. 
 
 Sec. . Judges shall not charge juries with respect to matters of 
 fact, but may. state the testimony and declare the law. 
 
 Sec. . The Judges, Chancellors, or Justices of the Inferior 
 Courts of Law and Equity, shall have power, in all civil cases, to 
 issue writs of certiorari to remove any cause, or the transcript of 
 the record thereof, from any inferior jurisdiction into such courts of 
 law, on sufficient cause, supported by oath or affirmation. 
 
 Sec. . No Judge of the Court of Errors and Appeals, or of the 
 Supreme Courts or Inferior Courts, shall preside on the trial of any 
 cause in the event of which he may be interested, or where either 
 of the parties shall be connected with him by affinity or consan- 
 guinity, within such degress as may be prescribed by law, or in 
 which he may have been of counsel, or in which he may have pre- 
 sided in any Inferior Court, except by the consent of all the parties. 
 In case any or all of the Judges of the Supreme Court shall be thus 
 disqualified from presiding on the trial of any cause or causes, the 
 Court, or the Judges thereof, shall certify the same to the Governor 
 of the State, and he shall forthwith specially commission the requi- 
 site number of men, of law knowledge, for the trial and determina- 
 tion thereof. In case of sickness of any of the Judges of the Su- 
 preme or Inferior Courts, so that they or any of them are unable to 
 attend, the Legislature shall be authorized to make provision, by 
 general laws, that special Judges may be appointed to attend said 
 courts. The Legislature may, by general laws, make provision that 
 special Judges may be appointed to hold any courts, the Judges of 
 which shall be unable, or fail to attend or sit, or to hear any cause 
 in which the Judge may be incompetent. 
 
 Sec. . All writs and other process shall run in the name of the 
 State of Tennessee ; and bear test and be signed by the respective 
 clerks Indictments shall conclude, "against the peace and dignity 
 of the State." 
 
 Sec. . Judges of the Court of Errors and Appeals, and of the 
 Supreme Courts, shall appoint their clerks, who shall hold their 
 terms of office for six years. Chancellors shall appoint their Clerks 
 and Masters, who shall hold their offices for a period of eight years. 
 Clerks of such Inferior Courts, as may be hereafter established, 
 which shall be required to be holden in the respective counties of 
 this State, shall be elected by the qualified voters thereof, for the 
 term of four years ; they shall be removed from office for malfeas- 
 ance, incompetency, or neglect of duty, in such manner as may be 
 prescribed by law* 
 
 Sec. . No fine shall be laid on any citizen of this State that 
 shall exceed fifty dollars, unless it shall be assessed by a jury of his 
 peers, who shall assess the fine at the time they find the fact, if they 
 think the fine should be more than fifty dollars. 
 
153 
 
 Sec. . The different counties of this State shall be laid off as 
 the General Assembly may direct, into districts of convenient size, 
 so that the whole number 'in each county shall not be more than 
 twcntv-five, or four for every one hundred square miles. There 
 shall be two Justices of the Peace and one Constable elected in each 
 district by the qualified voters therein, except districts including 
 county towns, which shall elect three Justices and two Constables. 
 The jurisdiction of said officers shall be co-extensive wi'th the 
 county. Justices of the Peace shall be elected for the term of six, 
 and Constables for the term of two years. Upon the removal of 
 either of said officers from the district in which he was elected, his 
 office shall become vacant from the time of such removal. Justices 
 of the Peace shall be commissioned by the Governor. The Legis- 
 lature shall have -power to provide for the appointment of an addi- 
 tional number of Justices of the Peace in incorporated towns. 
 
 SCHEDULE. 
 
 Sec. 1. That no inconvenience may arise from a change of the 
 Constitution, it is declared that all civil officers of the State, except 
 Attorney General and Reporter for the State, and the Attorneys 
 General for the Criminal Districts or Courts of the State, and the 
 Judges of the several courts, shall hold their offices until the expi- 
 ration of their terms of service. 
 
 Soc. 2. The present Judges of the Supreme Court, and of the 
 Circuit, Chancery, and other Inferior Courts, shall hold their offices 
 until their successors are elected under this schedule. 
 
 Sec. 3. The election of Judges and Attorneys General, under this 
 
 Constitution, shall be held on "the day of , 1870, by the 
 
 Sheriffs in the several counties in the manner prescribed by the 
 Code. 
 
 AMENDMENTS PROPOSED. 
 
 Mr. McDouGAL submitted the following resolution, which was 
 read and referred to the Committee on the Judicial Department : 
 
 Itexolrcd, That the Committee on the Judicial Department be di- 
 rected to inquire into and report as to the propriety of striking out 
 the amendment adopted to the Constitution of Tennessee in 1853, 
 which requires that the elections for Judges and Attorneys General 
 shall not be held on the same day with elections for the State and 
 county officers, 
 
 Mr. STEPHENS submitted the following amendments to Section 
 1, Article J V, as reported by the Committee on Elections: 
 
 1st. Strike out from the first line the word " man " and insert 
 the word " male person." 
 
154 
 
 2d. Strike out the word " six " in the third line, and insert the 
 word " twelve. 7 ' 
 
 3d. After the word " district," in the fifth line, insert the words 
 " or municipal corporation." 
 
 4th. Strike out all after the fifth line, and insert : " Each voter 
 shall give to the j udges of election where he offers to vote, satisfac- 
 tory evidence that he has, at a time to be prescribed by law, paid 
 the full taxes due by him, without which his vote cannot be re- 
 ceived. All male citizens of the State shall be subject to the pay- 
 ment of poll-taxes, and to the performance of military duty within 
 such ages as may be prescribed by law. The General Assembly 
 shall have power to require voters to vote in the election precincts 
 in which they may reside, and to pass laws to secure the freedom of 
 elections and the purity of the ballot-box. 
 
 Mr. WRIGHT submitted the following resolution in lieu of Section 
 1 of the Schedule as reported by the majority of the Judiciary 
 Committee : 
 
 Resolved, That in order that the interest of the people may be 
 subserved, and that justice may be established, it be declared by 
 this Convention that all civil officers of the State, except those in 
 whose elections the people generally were allowed to participate, 
 (to-wit : the Governor and Legislature,) are vacant, and that elec- 
 tions by the people, to fill all such vacancies, shall take place im- 
 mediately upon the ratification of the Constitution proposed by this 
 Convention and submitted to the people. 
 
 On motion of Mr. WEIGHT, the resolutions were referred to the 
 Committee on Elections. 
 
 COMMITTEE ON ^ILITIA. 
 
 The PRESIDENT announced the following gentlemen as constitut- 
 ing the Special Committee on Mr. Martin's resolution, denning the 
 terms on which the militia shall be called into service : Messrs. 
 Martin, Stephens, Brown of Davidson, Netherland and Deaderick. 
 
 THE ELECTIVE FRANCHISE FURTHER CONSIDERED. 
 
 The Convention resumed the consideration of the unfinished busi- 
 ness of yesterday the report of the Committee on Franchise and 
 Right of Suffrage, and the amendments proposed thereto ; and be- 
 fore coming to a conclusion thereon, at 10 o'clock the Convention 
 took a recess until 2J o'clock p. M. 
 
155 
 
 AFTERNOON SESSION. 
 
 The PRESIDENT, at 2:30 o'clock, called the Convention to order, 
 and the Convention proceeded again to the consideration of the re- 
 port of the Committee on Franchise, etc. 
 
 At 5 o'clock P. M., on motion of Mr. NICHOLSON, the Conven- 
 tion adjourned until to-morrow morning, at 9:30 o'clock. 
 
 THURSDAY MORNING, JANUARY 27, 1870. 
 
 The Convention met pursuant to adjournment, Mr. President 
 BROWN in the Chair. 
 
 The Journal of yesterday was read and approved. 
 The roll was called for memorials and petitions. 
 
 LENGTH OF SPEECHES. 
 
 Mr. BRITTON called up his resolution, offered on Tuesday, fixing 
 ;he length of time a delegate shall be allowed to speak. 
 
 Mr. BROOKS moved to amend the resolution by striking out 
 " fifteen " and inserting " thirty." 
 
 Mr. JONES, of Giles, moved to lay the resolution and amendment 
 on the table. 
 
 Mr. GARNER demanded the yeas and nays, which were ordered, 
 and the motion to lay on the table failed. 
 
 Yeas 30 
 
 Nays , 38 
 
 Those voting in the affirmative are : 
 
 Messrs. Allen, Bate, Baxter, Camming^ Deavenport, Dromgoole, 
 
156 
 
 Fentress, Fulkerson, Gibbs, Heiskell, Henderson, Hill of Gibson, 
 House of Williamson, House of Davidson, Robertson and Mont- 
 gomery, Ivie, Jones of Giles, Key, Mabry, McDougal, Meeks, 
 Netherland, Porter of Haywood, Porter of Henry, Shepard, Shel- 
 ton, Stephens, Taylor, Thompson oi Davidson, Thompson of Maury, 
 and Williamson 30. 
 
 Those voting in the negative are : 
 
 Messrs. Arledge, Branson, Brandon, Britton, Brooks, Brown of 
 Davidson, Brown of Henry, etc., Burkett, Byrne, Campbell, Carter, 
 Chowning, Coffin, Deaderick, Dibbrell, Doherty, Fielder, Finley, 
 Gardner, Garner, Gaut, Gibson, Hill of Warren, Jones of Lincoln, 
 Kennedy, Kirkpatrick, Kyle, McNabb, Martin, Morris, Nicholson, 
 Parker, Sample, Seay, Staley, Turner, Warner and Wright 38. 
 
 Mr. BROOKS' amendment was rejected. 
 
 Mr. JONES, of Lincoln, moved to amend the resolution by strik- 
 ing out "fifteen" and inserting " twenty-five" which was accepted 
 by Mr. Britton. 
 
 Mr. HILL, of Warren, moved to amend by inserting fi/tcen in 
 lieu of twenty-five. 
 
 Mr. GIBBS moved the indefinite postponement of the resolution 
 and amendment. 
 
 Mr. HEISKELL demanded the previous question, which was sus- 
 tained. 
 
 Mr. GIBBS' motion to postpone indefinitely was sustained. 
 
 Yeas , 44 
 
 Nays . . 28 
 
 Those voting in the affirmative are : 
 
 Messrs. Allen, Bate, Baxter, Blizard, Brooks, Brown of David- 
 son, Brown of Henry, Burton, Byrne, Campbell, Chowning, Cof- 
 fin, Cummings, Cypert, Deavenport, Doherty, Dromgoole, Fein 
 Fulkerson, Gibbs, Gordon, Heiskell, Henderson, Hill of Gibson, 
 House of Williamson, House of Davidson, Robertson and Mont- 
 gomery, Ivie, Jones of Giles, Key, McDougal, Martin, Meeks, 
 Netherland, Porter of Haywood, Porter of Henry, Shepard, Shel- 
 ton, Stephens, Taylor, Thompson of Davidson, Thompson 
 Maury, Turner, Williamson, and Wright 44. 
 
 Those voting in the negative are : 
 
 Messrs. Arledge, Branson, Brandon, Burkett, Carter, Deader- 
 ick, Dibbrell, Fielder/ Finley, Gardner, Garner, Gaut, Gibson, 
 Hill of Warren, Jones of Lincoln, Kennedy, Kirkpatrick, Kyle, 
 
157 
 
 M-.ibry, McNabb, Morris, Nicholson, Parker, Sample, Seay, Stalcy, 
 and Warner 28. 
 
 NIGHT SESSIONS. 
 
 Mr. GARNER offered the following resolutions, which lie over 
 under the rules: 
 
 Jtcxoh-cd. That this Convention will meet each night of its daily 
 ions at 7 o'clock p. M., unless otherwise ordered. 
 
 Resolved, That this Convention will adjourn sine die on Mon- 
 day, the 7th day of February, 1870. 
 
 ELIGIBILITY OF DELEGATES TO OFFICE. 
 
 Mr. GIBSON submitted the following preamble and resolution, 
 which were read and referred to the Committee on Miscellaneous 
 Provisions : 
 
 WHEREAS, It is gravely proposed to vacate and create a large 
 number of offices upon the ratification of this Constitution ; and 
 
 WHEREAS, The people may well have serious doubts as to 
 whether these offices and vacancies are created by an uninterested 
 disposition to benefit them, and not the members of this Conven- 
 tion ; and 
 
 WHEREAS, It is highly proper that this Convention should show 
 the people that delegates have not voted to create these offices and 
 vacancies in order to fill them themselves, but that they are 
 pr< >mpted by the purest and most disinterested patriotism ; there 
 fore, 
 
 Be it resolved and incorporated in the schedule, That no delegate 
 in this Convention shall be eligible to fill any vacancy, or the first 
 term of any office, created by this Constitution. 
 
 MEMORIAL. 
 
 Mr. WRIGHT presented a memorial from sundry citizens of Car- 
 roll County, against taking any portion of said county to form a 
 new county or counties, which, without being read, was referred to 
 the Committee on New Counties and County Lines. 
 
 AMENDMENTS WITHDRAWN. 
 
 Mr. STALEY asked and obtained leave to withdraw the amend- 
 ment offered by him to the report of the majority of the Commit- 
 tee on Elections and the Elective Franchise, in order that the Con- 
 vention may vote singly on the proposition of the minority, with 
 
158 
 
 notice that he would again offer it before final action on the report 
 of the majority. 
 
 REPORT ON THE MILITIA. 
 
 Mr. MARTIN, from the Special Committee appointed to consider 
 and report what limitations should be made in the manner of 
 calling out the militia, made the following report : 
 
 The Special Committee, appointed to report upon the proposition 
 to amend Article III in such a manner as to limit the power 
 to call out the militia, have had the matter under consideration, 
 and have instructed me to report the following in addition to said 
 Article, to be styled Section 18: 
 
 " The militia shall only be called into service in case of rebellion 
 or invasion, and then only when the General Assembly shall de- 
 clare by law that the public safety requires it." 
 
 MATT. MARTIN. 
 
 On motion of Mr. JONES, of Lincoln, the Convention proceeded 
 to the consideration of the report. 
 
 Mr. MARTIN demanded the yeas and nays upon the adoption of 
 the amendment proposed by the Committee, which were ordered, 
 and the amendment adopted. 
 
 Yeas 50 
 
 Nays 20 
 
 Those voting in the affirmative are : 
 
 Messrs. Blizard, Brandon, Brooks, Brown of Davidson, Brown of 
 Henry, etc., Burkett, Burton, Byrne, Campbell, Chowning, Coffin, 
 Cummings, Cypert, Deaderick, Deavenport, Dibbrell, Doherty, 
 Dromgoole, Fentress, Fielder, Finley, Fulkerson, Gardner, Gaut, 
 Gibbs, Gordon, Heiskell, Henderson, Hill of Gibson, House of 
 Williamson, Ivie, Key, Kyle, McDougal, McNabb, Martin, Meeks, 
 Netherland, Nicholson, Porter of Haywood, Porter of Henry, 
 Sample, Seay, Shelton, Stephens, Taylor, Thompson of Davidson, 
 Turner, Warner, and Wright 50. 
 
 Those voting in the negative are : 
 
 Messrs. Arledge, Bate, Baxter, Branson, Britton, Carter, Garner, 
 Gibson, Hill of Warren, Jones of Lincoln, Jones of Giles, Ken- 
 nedy, Kirkpatrick, Mabry, Morris, Parker, Shepard, Staley, 
 Thompson of Maury, and Williamson 20. 
 
 FOR ENROLLMENT, 
 
 On motion of Mr. JONES, of Lincoln, it was ordered that Arti- 
 
159 
 
 cles I and III of the Constitution as adopted by the Convention be 
 referred to the Committee on Revision and Enrollment. 
 
 LEAVE OF ABSENCE. 
 
 On motion of Mr. STEPHENS, leave of absence was given Mr. 
 Blackburn until Tuesday next. 
 
 TPIE ELECTIVE FRANCHISE FURTHER CONSIDERED. 
 
 The Convention resumed the consideration of the unfinished busi- 
 ness of yesterday the report of the Committee on Franchise and 
 the proposition in lieu, and without coming to a conclusion at 1 
 o'clock P. M., took recess to 2J o'clock p. M. 
 
 AFTERNOON SESSION. 
 
 Mr. HOUSE, of Davidson, Robertson and Montgomery, at 2J 
 o'clock called the Convention to order, and stated that the Presi- 
 dent was prevented from presiding over this body this afternoon by 
 indisposition, and on his motion Mr. Gordon, of Hickman was 
 called to the Chair. 
 
 THE ELECTIVE FRANCHISE FURTHER CONSIDERED. 
 
 The Convention resumed the consideration of the report of the 
 Committee on Franchise and Right of Suffrage, and the amendment 
 of Mr. Jones, of Lincoln, in lieu. 
 
 Mr. JONES, of Lincoln, demanded the yeas and nays upon the 
 adoption of the amendment in lieu, which were ordered, and the 
 amendment rejected : 
 
 Yeas 20 
 
 Nays 54 
 
 Those voting in the affirmative are : 
 
 Messrs. Arledge, Bate, Brown of Henry, etc., Campbell, Carter, 
 
160 
 
 Cummings, Deavenporl, Fentress, Fielder, Heiskell, Jones of Lin- 
 coln. Porter of Haywood, Porter of Henry, Shepard, Shelton, 
 Stephens, Taylor, Warner, Williamson, and Wright 20. 
 
 Those voting in the negative are : 
 
 Messrs. Allen, Baxter, Blizard, Branson, Brandon, Britton, 
 Brooks, Brown of Davidson, Burkett, Barton, Byrne, Chown- 
 ing, Coffin, Cypert, Deaderick, Dibbrell, Doherty, Dromgoole, 
 Finley, Fulkerson, Gardner, Garner, Gaut, Gibbs, Gibson, Gordon, 
 Henderson, Hill of Warren. Hill of Gibson, House of Williamson, 
 House of Davidson, Robertson and Montgomery, Ivie, Jones of 
 Giles, Kennedy, Key, Kirkpatrick, Kyle, Mabry, McDougal, Mc- 
 Nabb, Martin, Morris, Meeks, Netherland, Nicholson, Parker, 
 Sample, Seay, Staley, Thompson of Davidson, Thompson of Maury, 
 Turner, Walters, and President Brown 54. 
 
 Mr. Fen tress offered the following in lieu of the majority report 
 of the Committee on Franchise and Eight of Suffrage :. 
 
 ARTICLE IV. 
 
 Section 1. Every free white man of twen'y-one years, being a 
 citizen of the United States, and a citizen of the county wherein he 
 may offer his vote six months next preceding the day of election, 
 shall be entitled to vote for members of the General Assembly and 
 other civil officers for the county or district in which he resides, and 
 all persons in the State who are or may hereafter be entitled to vote 
 in this State, shall be subject to the payment of poll-taxes and to 
 the performance of military duty, within such ages as may be pre- 
 scribed by law, but no one who is not legally entitled to vote, shall 
 ever be required to pay a poll-tax. It is further ordered by this 
 Convention that the question whether the negro and mulatto shall 
 be allowed to vote equally with the white man, shall be submitted 
 to the people of Tennessee on such day as this Convention may 
 hereafter direct, as a separate question, so that the will of the peo- 
 ple may be clearly gotten upon it, in such manner as this Conven- 
 tion may direct, and if a majority of the electors who are legally 
 entitled to vote at said election and who do vote at said election, 
 declare by their votes in favor of the negro or mulatto voting 
 equally with the white man, then there shall be added as a part of 
 Article IV the following as 
 
 Sec. 2. Every negro or mulatto of twenty-one years, being a citi- 
 zen of the United States and a citizen of the county where he may 
 offer his vote, six months next preceeding the day of election shall 
 be entitled to vote for members of the General Assembly and other 
 civil officers for the county or district in which he resides : 
 
 But in case a majority of the electors voting at said election shall 
 
161 
 
 bo airain.st allowing the negro or mulatto, equally with the white 
 man, the elective Franchise, then Section 4, as hereinbefore first set 
 out in Section 1. 
 
 Mr. NICHOLSON moved to lay the amendment in lieu on the 
 table. 
 
 Mr. WILLIAMSON demanded the yeas and nays, which were or- 
 dered, and the motion to lay on the table sustained. 
 
 Yeas 52 
 
 Kays 20 
 
 Those voting in the affirmative are:, 
 
 Messrs. Allen, Baxter, Blizard, Branson, Brandon, Britton, Brooks, 
 Brown of Davidson, Burkett, Burton, Byrne, Chowning, Coffin, 
 Cypert, Deaderick, Dibbrell, Doherty, Finley, Fulkerson, Gardner, 
 Garner, Gaut, Gibbs, Gibson, Gordon, Henderson, Hill of Warren, 
 Hill of Gibson, House of Williamson, House of Davidson, Robert- 
 son and Montgomery, Ivie, Jones of Giles, Kennedy, Key, Kirk- 
 patrick, Kyle, Mabiy, McDougal, McNabb, Martin, Morris, Meeks, 
 Netherland, Nicholson, Porter of Hay wood, Sample, Seay, Staley, 
 Thompson of Davidson., Thompson of Maury and Turner 52. 
 
 Those voting in the negative are: 
 
 Messrs. Arledge, Bate, Brown of Henry, Carroll, Gibson and 
 Madison, Campbell, Carter, Cummings, Deavenport, Dromgoole, 
 Fentress, Fielder, Heiskell, Jones of Lincoln, Porter of Henry, 
 Shepard, Shelton, Stephens, Taylor, Warner, Williamson and 
 Wright 20. 
 
 On motion of Mr. TAYLOR the Convention adjourned until to- 
 morrow morning at 9J o'clock. 
 
 FRIDAY MORNING, JANUARY 28, 1870. 
 
 The Convention met pursuant to adjournment, Mr. President 
 BROWN in the Chair. 
 
 The Journal of yesterday was read, and approved. 
 The roll was called for memorials and petitions. 
 11 
 
162 
 
 MEMORIALS, 
 
 Mr. DIBBRELL presented memorials from a member of citizens 
 of the County of Sequatchie praying that said County be declared 
 a. Constitutional County, which without being read wel*e referred to 
 the Committee on New Counties and County Lines. 
 
 Mr. FIELDER, presented a memorial from a large number of citi- 
 zens, of Madison, Gibson, Haywood and Dyer Counties, praying 
 the establishment of the County of Crockett out of portions of said 
 Counties, which, without being read, was referred to the Committee 
 on New Counties and County Lines. 
 
 PROPOSITION IN LIEU OF THE REPORTS OF THE MAJORITY AND 
 MINORITY OF THE JUDICIARY COMMITTEE. 
 
 Mr. GAUT presented the following in lieu of the report of the 
 majority and minority of the Committee on the Judiciary, which, 
 on motion of Mr. BAXTER, was ordered to be laid on the table, and 
 100 copies printed for the use of the Convention : 
 
 Resolved, That that the following be received and adopted in lieu 
 of the Majority and Minority Reports of the Committee on the 
 Judiciary : 
 
 ARTICLE V. 
 
 IMPEACHMENT. 
 
 First Section to remain as in the present Constitution, to-wit : 
 
 Section 1. The House of Representatives shall have the sole 
 power of impeachment. 
 
 Sec. 2. All impeachments shall be tried by the Senate; when 
 sitting for that purpose, the Senators shall be upon oath or affirma- 
 tion, and the senior Judge of the Supreme Court, or if he be on 
 trial, the senior of the two remaining Judges, shall preside over 
 them. No person shall be convicted without the concurrence of 
 two-thirds of the Senators sworn to try the officer impeached. 
 
 Here follow Sections 3, 4 and 5, as in the present Constitution, 
 to-wit : 
 
 Sec. 3. The House of Representatives shall elect, from their own 
 body, three members, whose duty it shall be to prosecute impeach- 
 ments. No impeachment shall be tried until the Legislature shall 
 have adjourned, sine die, when the Senate shall proceed to try such 
 impeachment. 
 
 Sec. 4. The Governor, Judges c f the Supreme Court, Judges of 
 the Inferior Courts, Chancellors, Attorneys for the State, and Sec- 
 
 
163 
 
 rctary of State, shall be liable to impeachment, whenever they may, 
 in the opinion of the House of Representatives, commit any crime 
 in their official capacity which may require disqualification ; but 
 judgment shall only extend to removal from office, and disqualifica- 
 tion to fill any office thereafter. The party shall, nevertheless, be 
 liable to indictment, trial, judgment and punishment according to 
 law. 
 
 Sec. o. Justices of the Peace, and other civil officers, not herein- 
 before mentioned, for crimes or misdemeanors in office, shall be 
 liable to indictment in such courts as the Legislature may direct ; 
 and, upon conviction, shall be removed from office by said Court, as 
 if found guilty on impeachment ; and shall be subject to such other 
 punishment as may be prescribed by law, 
 
 ARTICLE VI. 
 
 JUDICIAL DEPARTMENT. 
 
 Sec. 1. The Judicial power of this State shall be vested in one 
 Supreme Court, and in such Circuit, Chancery, Criminal and other 
 Inferior Courts, as the Legislature shall, from, time to time, ordain 
 and establish, in the Judges thereof and in Justices of the Peace. 
 
 The 2d and 3d Sections as our present Constitution except strike 
 out the word "eight" in the last clause of Section 3, and insert 
 twelve, to- wit : 
 
 Sec. 2. The Supreme Court shall be composed of three Judges, 
 one of whom shall reside in each of the grand divisions of the 
 State ; the concurrence of two of said Judges shall, in every case, be 
 necessary to a decision. The jurisdiction of this Court shall be ap- 
 pellate only, under such restrictions and regulations as may, from 
 time to time, be prescribed by law ; but it may possess such other 
 jurisdiction as is now conferred by law on the present Supreme 
 Court. Said courts shall be held at one place, and at one place only, 
 in each of the three grand divisions of the State. 
 
 Sec. 3. The Judges of the Supreme Court shall be elected by the 
 qualified voters of the State at large, and the Judges of such inferi- 
 or courts as the Legislature may establish shall be elected by the 
 qualified voters residing within the bounds of any district or circuit 
 to which such inferior Judge or Judges, either of law or equity may 
 be assigned, by ballot, in the same manner that members of the 
 General Assembly are elected. Courts may be established to be 
 holden by Justices of the Peace. Judges of the Supreme Court 
 shall be thirty-five years of age, and shall be elected for the term of 
 twelve years. 
 
 Section 4, to remain as in the present Constitution, except strike 
 out " eight " and insert ten, to- wit : 
 
 Sec. 4. The Judges of such inferior courts as the Legislature 
 
164 
 
 may establish,, shall be thirty years of age, and shall be elected for 
 the term of ten years. 
 
 Sections 5 and 6 as in our Constitution, to- wit : 
 
 Sec. 5. An Attorney General for the State shall be elected by the 
 qualified voters of the State at large, and the Attorney for the State 
 for any circuit or district to which a Judge of an inferior court may 
 be assigned, shall be elected by the qualified voters within the 
 bounds of such district or circuit, in the same manner that members 
 to the General Assembly are elected ; all said Attorneys, both for 
 the State and circuit or district, shall hold their offices for the term 
 of six years. In all cases where the Attorney for any district fails 
 or refuses to attend and prosecute according to law, the court shall 
 have power to appoint an Attorney pro tempore. 
 
 Sec. 6. Judges and Attorneys for the State may be removed from 
 office by a concurrent vote of both Houses of the General Assembly, 
 each House voting separately ; but two-thirds of all the members 
 elected to each House must concur in such vote ; the vote shall be 
 determined by ayes and noes, and the names of the members voting 
 for or against the Judge or Attorney for the State, together with 
 the cause or causes of removal, shall be entered on the Journals of 
 each House respectively. The Judge or Attorney for the State, 
 against whom the Legislature may be about to proceed, shall receive 
 notice thereof, accompanied with a copy of the causes alleged for 
 his removal, at least ten days before the day on which either House 
 of the General Assembly nhall act thereupon. 
 
 Sec. 7. The Judges of the Supreme Court shall, at stated times, 
 receive a compensation for their services to be ascertained by law, 
 which shall not be less than four thousand dollars per annum. The 
 salaries of Circuit Judges and Chancellors, and Judges of Criminal 
 Courts, shall be fixed by law, but shall not in any case be less than 
 three thousand dollars per annum. No fees or perquisites of office 
 shall attach to the office of Supreme, Circuit or Chancery Judge, or 
 Judge of a Criminal Court, nor shall either of them hold any other 
 office of trust or profit, under this State or the United States. 
 
 Sec. 8. The jurisdiction of the Circuit, Chancery and other In- 
 ferior Courts shall be as now established by law until changed by 
 the Legislature. 
 
 Section 9 as in the present Constitution, to-wit : 
 
 Sec. 9. Judges shall not charge juries with respect to matters of 
 fact, but may state the testimony and declare the law. 
 
 Sec. 10. The Judges of Inferior Courts of Law and Equity, shall 
 have power in civil cases to issue writs of certiorari, to remove any 
 cause or the transcript of the record thereof from any inferior juris- 
 diction into such court, on sufficient cause supported by oath or 
 affirmation. 
 
 Sec. 11. No Judge of the Supreme or Inferior Courts shall pre- 
 side on the trial of any cause in the event of which he may be in- 
 
165 
 
 terested, or where either of the parties shall be connected with him 
 by affinity or consanguinity within such degrees as may be prescrib- 
 ed by law, or in which he may have been of counsel, or in which 
 lie may have presided in an inferior court, except by the consent of 
 all the parties. In case all or any of the Judges of the Supreme Court 
 shall be thus disqualified from presiding on the trial of any cause or 
 causes, the Court or the Judges thereof shall certify the same to the 
 Governor of the State, and he shall forthwith specially commission 
 the requisite number of men of law knowledge for the trial and de- 
 termination thereof. 
 
 The Legislature may by general laws make provision that Special 
 Judges may be appointed to hold any courts, the Judges of which 
 shall be unable, or fail to attend or sit; or to hear any cause in 
 which the Judge may be incompetent. 
 
 Sections 12, 13, 14 and 15, as in the present Constitution, to-wit : 
 
 Sec. 12. All writs and other process shall run in the name of the State 
 of Tennessee, and bear test and be signed by the respective Clerks. 
 Indictments shall conclude, " against the peace and dignity of the 
 State." 
 
 Sec, 13. Judges of the Supreme Court shall appoint their Clerks, 
 who shall hold their offices for six years. Chancellors (if Courts 
 of Chancery shall be established) shall appoint their Clerks and 
 Masters, who shall hold their offices for a period of six years. 
 Clerks of such inferior courts, as may be hereafter established, which 
 shall be required to be holden in the respective counties of this State, 
 shall be elected by the qualified voters thereof, for the term of four 
 years ; they shall be removed from office for malfeasance, incompeten- 
 cy, or neglect of duty, in such manner as may be prescribed by law. 
 
 Sec. 14. No fine shall be laid on any citizen of this State that shall 
 exceed fifty dollars, unless it shall be assessed by a jury of his peers, 
 who shall assess the fine at the time they find the fact, if they think 
 the fine should be more than fifty dollars* 
 
 Sec. 15. The different counties of this State shall be laid off, as 
 the General Assembly may direct, into districts of convenient size, 
 so that the whole number in each county shall not be more than 
 twenty-five, or four for every one hundred square miles. There 
 shall be two Justices of the Peace and one Constable elected in each 
 district, by the qualified voters therein, except districts including 
 county towns, which shall elect three Justices and two Constables. 
 The jurisdiction of said officers shall be co-extensive with the countv. 
 Justices of the Peace shall be elected for the term of six, and Con- 
 stables for the term of two years. Upon the removal of either of 
 said officers from the district in which he was elected, his office shall 
 become vacant from the time of such removal. Justices of the 
 Peace shall be commissioned by the Governor. The Legislature 
 shall have power to provide for the appointment of an additional 
 number of Justices of the Peace in incorporated to\vns. 
 
166 
 
 SCHEDULE. 
 
 To meet present emergencies, and relieve the dockets of the Su- 
 preme Court of the great accumulation of causes now upon them, it 
 shall be the duty of the Governor of the State, immediately after 
 the ratification of the amended Constitution, to appoint two addi- 
 tional Supreme Judges, who, together with the present Supreme 
 Judges or their successors, shall compose the Supreme Court of the 
 State, for the time being who shall sit together and try causes 
 the concurrence of three being necessary to a decision. Said two 
 additional Supreme Judges shall receive, each, the same compensa- 
 tion as each one of the other three Judges. And said five Supreme 
 Judges shall hold their office until the first election for Supreme 
 Judges under this schedule. At the first election of Supreme 
 Judges under this schedule, and forever thereafter, only three Su- 
 preme Judges shall be elected, as provided for in Section 3, Article 
 VI, of this Constitution. 
 
 That no inconveniencies may arise from a change of the Consti- 
 tution, it is declared that all civil officers of this State, except the 
 Attorney-General and Reporter for the State, the several District 
 Attorneys-General, and the Judges of the several courts, shall hold 
 their respective offices until the expiration of the present term of 
 service. 
 
 The present Supreme Judges and those to be appointed by the 
 Governor, also the Circuit Judges and Chancellors, and Judges of 
 Criminal Courts and other inferior courts, shall hold their office un- 
 til their successors are elected under this schedule. The present 
 Attorney-General and Reporter, and the several District Attorneys- 
 General, shall hold their office until their successors are elected un- 
 der this schedule. 
 
 The first election for Circuit Judges and Chancellors and Judges 
 of Criminal Courts, and District Attorneys-General, shall be held 
 
 on the day of , 1870, by the Sheriffs of the several 
 
 counties, in the manner prescribed by the Code of Tennessee. 
 
 The first election for Judges of the Supreme Court and for an 
 Attorney-General and Reporter for the State, shall be held on the 
 first Tuesday of May, 1872. 
 
 MEMORIAL. 
 
 Mr. JONES, of Lincoln, presented a memorial from sundry citi- 
 zens, praying the creation of a new county out of portions of Lin- 
 coln, Franklin and Bedford Counties; which, without being read, 
 was referred to the Committee on New Counties and County 
 Lines. 
 
 Mr. TURNER,, from the Committee on Miscellaneous Provisions, 
 
167 
 
 nuule the following report, which, on motion of Mr. TAYLOR, was 
 ordered to be laid on the table, and 100 copies printed for the use 
 
 >f the Convention : 
 
 REPORT ON MISCELLANEOUS MATTERS. 
 
 Mu. PIIKSIDENT: The Committee on Miscellaneous Provisions, 
 having under consideration the various subjects referred to them, 
 instruct me to report the following amendments, and recommend 
 rlu-ir adoption. The Committee ask to be discharged from the con- 
 sideration of those questions not reported upon : 
 
 Taking up Article XI, I am instructed to recommend that said 
 A rticle be amended as follows : 
 
 At the end of Section 3, add as follows : 
 
 " The Legislature shall have the right, at any time, by law, to 
 submit to the people the question of calling a Convention to alter, 
 reform or abolish this Constitution, and when, upon such submis- 
 sion, a majority of all the votes cast shall be in favor of said prop- 
 
 >sitioii, then delegates shall be chosen, and the Convention shall 
 :/.ssc,inble in such mode and manner as shall be prescribed." 
 
 After Section 5, add a section as follows : 
 
 Sec. . " The Legislature shall have no power to change the 
 names of persons, or to pass Acts adopting or legitimating persons, 
 but shall, by gejneral laws, confer this power on the courts." 
 After Section 11, insert a section as follows : 
 
 Sec. . "No member of the Legislature nor Convention, or ju- 
 dicial officer of this State shall receive, while in office, either di- 
 rectly or indirectly, any gift, gratuity, fee or reward from any per- 
 son or corporation, otherwise than by the general law of the land." 
 After the last Section, insert the following Section : 
 Sec. . "A homestead, in the hands of each head of a family, 
 in this State, occupied as a residence, together with all the improve- 
 ments on the same, to the value of not less than one thousand dol- 
 lars, shall be exempt from forced sale under any process of law 
 during the lifetime of such head of a family, and the minority of 
 his or her children, and shall not be alienated without the joint con- 
 sent of husband and wife, when that relation exists ; but no property 
 shall be exempt from sale for taxes or for the payment of obliga- 
 tions contracted for the purchase of said premises, or for the erection 
 of improvements thereon. 
 
 " The Legislature may increase the amount of this exemption." 
 After the last Section insert the following Section : 
 Sco. . " The intermarriage of white persons with negroes, mu- 
 lattoes, or persons of mixed blood, descended from a negro to the 
 third generation, inclusive, is prohibited." 
 
168 
 
 " The Legislature shall enforce this section by appropriate legis- 
 lation." 
 
 I am instructed to report an amendment to Article II, Section 
 25, so as to make it read as follows : 
 
 " No person who heretofore hath been, or may hereafter be a col- 
 lector or holder of public moneys, shall hold any civil office under 
 this State, until such person shall have accounted for and paid into 
 the Treasury all sums for which he may be accountable or liable." 
 
 I am instructed to report the following section, in lieu of Article 
 VII, Section 1, so as to make the office of Trustee a Legislative 
 office, if the same shall be retained by them, instead of having it a 
 Constitutional office. 
 
 Section 1. " There shall be elected in each county, by the quali- 
 fied voters therein, one Sheriff and one Register the Sheriff for 
 two years, and the Register for four years ; Provided, that no per- 
 son shall be eligible to the office of Sheriff more than six years in 
 any term of eight years." 
 
 " There shall be elected for each county, by the Justices of the 
 Peace, one Coroner and one Ranger, who shall hold their offices for 
 two years. Said officers shall be removed for malfeasance, or ne- 
 glect of duty, in such manner as may be prescribed by law." 
 
 A portion of the Committee differ with a majority as to a portion 
 of the propositions before them, but agree to the greater part of the 
 report. 
 
 Respectfully submitted, 
 
 JAMES J. TURNER, 
 
 Chairman. 
 
 LEAVES OF ABSENCE. 
 
 On motion of Mr. STEPHENS, leave of absence was granted Mr. 
 Hill, of Gibson, for to-morrow. 
 
 On motion of Mr. TUENEE, leave of absence was granted Mr. 
 Seay for to-morrow. 
 
 On motion of Mr. BuETON, leave of absence for to-morrow was 
 granted to Mr. Arledge. 
 
 SPECIAL OEDEE. 
 
 On motion of Mr, HEISKELL, the report of the Judiciary Com- 
 mittee was made the special order for Tuesday next. 
 
 THE ELECTIYE FRANCHISE FURTHEE CONSIDEEED. 
 
 The Convention proceeded to the consideration of the unfinished 
 
169 
 
 business of yesterday the report of the Committee on Franchise. 
 
 Mr. STALEY offered the following amendment : 
 
 That all parts of the report of the majority of the Committee on 
 Elections and Elective Franchise contained in Article -IV, Section 
 1, as recommended by said Committee, beginning with the word 
 " and" in the 6th line, and ending with the word " received" in the 
 9th line be stricken out. 
 
 The foregoing amendment having been acted on in a different 
 form, was not urged by Mr. Staley. 
 
 Mr. STEPHENS offered the following in lieu of Section 1, Article 
 IV, as reported by the Committee on Elections : 
 
 ARTICLE IV. 
 
 Section 1. Every male person of the age of twenty-one years, 
 being a citizen of the United States, and of the county wherein he 
 may offer his vote for one year next preceediug the day of election, 
 and a resident in the civil district wherein he may offer his vote 
 for six months next preceding the day of election, shall be entitled 
 to vote for members of the General Assembly and other civil officers 
 of the county or district in which he may reside. Each voter shall 
 give to the Judges of election satisfactory evidence that he has paid 
 all poll taxes due by him up to some preceding period to be fixed 
 by the Legislature : without which his vote cannot be received. 
 
 All male citizens of the State shall be subject to the payment of 
 poll taxes and to the performance of military duty, within such 
 ages as may be prescribed by law. The Legislature shall pass laws 
 securing the freedom of elections and the purity of the ballot box. 
 
 Mr. STEPHENS subsequently withdrew his amendment. 
 
 Mr. JONES, of Lincoln, submitted the following amendment : 
 
 Strike out all after the word " except" in the seventh line, to and 
 including the word " received" in the ninth line, and insert as here- 
 in prescribed, and the right to vote shall be determined by the 
 Judges of the election without a tax receipt or certificate of .regis- 
 tration. 
 
 Mr. HEISKELL moved to lay the amendment of Mr. Jones on the 
 table. 
 
 Mr. JONES, of Lincoln, demanded the yeas and nays, which were 
 ordered, and the motion to lay on the table sustained. 
 
 Yeas 45 
 
 Kays 28 
 
 Those voting in the affirmative are : 
 
 Messrs. Allen, Baxter, Brandon, Brown of Davidson, Brown of 
 
170 
 
 Henry, etc., Burkett, Burton, Byrne, Campbell, Coffin, Cypert, 
 Deaderick, Deavenport, Dibbrell, Doherty, Dromgoole, Fielder, 
 Gardner, Garner, Gibbs, Gordon, Heiskell, Henderson, Hill of 
 Gibson, House of Williamson, House of Davidson, Robertson and 
 Montgomery, Ivie, Jones of Giles, Kennedy, Key, Kirk pat rick, 
 Mabry, McDougal, Meeks, Nicholson, Porter of Haywood, Porter 
 of Henry, Seay, Shepard, Shelton, Stephens, Thompson of David- 
 son, Thompson of Maury, Turner and Wright 45. 
 
 Those voting in the negative are : 
 
 Messrs. Arledge, Bate, Blizard, Branson, Brit ton, Brooks, Carter, 
 Chowning, Cummings, Finley, Fentress, Fulkerson, Gaut, Gibson, 
 Hill of Warren, Jones of Lincoln, Kyle, McNabb, Martin, Morris, 
 Netherland, Parker, Sample, Staley, Taylor, Walters, Warner and 
 Williamson 28. 
 
 LEAVE TO VOTE. 
 
 Mr. President BROWN, in accordance with leave granted on yes- 
 terday, recorded his vote against the amendment in lieu of the ma- 
 jority report of the Committee on Franchise, offered by Mr. Jones, 
 of Lincoln. 
 
 Mr. WALTERS was granted leave to record his vote on the same 
 proposition. 
 
 ELECTIVE FRANCHISE RESUMED. 
 
 Mr. HEISKELL offered the following amendment i 
 Article IV. In third line strike out the word " six" and insert 
 " twelve." 
 
 On motion of Mr. SEAY the amendment was laid on the table. 
 
 Mr. PORTER, of Henry, submitted the following amendment: 
 Every male person of the age of twenty-one years, being a citi- 
 zen of the United States, and a citizen of the county wherein he 
 may offer his vote six months next preceding the day of election 
 shall be a voter ; but such voter shall have been for thirty days 
 next preceding the election, a resident of the precinct or ward in 
 which he offers to vote, and he shall vote in said precinct or ward, 
 and not elsewhere. And there shall be no further qualification at- 
 tached to the right of suffrage. All male citizens of the State shall 
 be subject to the payment of poll taxes and to the performance of 
 military duty, and the General Assembly shall prescribe bylaw the 
 ages within which military service shall be rendered. 
 
171 
 
 Mr. SEAY offered the following in lieu of Mr. Porter's amend- 
 ment : 
 
 Jtcxolced, That Article IV, Section l,as reported by the majority 
 of the Committee on Elections and Elective Franchise, be amended 
 by striking out all after the words " shall be " in the fourth line, to 
 the word "resides " in the fifth line, inclusive, and insert the words 
 <\ rofcr" so that the first five lines of said Article and Section shall 
 read as follows : " Every man of the age of twenty-one years, being 
 a citizen of the United States, and a citizen of the county wherein 
 lie may offer his vote, six months next preceding the day of election, 
 ."hall be a voter." 
 
 Mr. FULKERSON moved to lay the amendment on the table. 
 Mr. SEAY demanded the yeas and nays, which were ordered, and 
 the motion to lay on the table sustained. 
 
 Yeas 62 
 
 Nays 11 
 
 Those voting in the affirmative are : 
 
 Messrs. Allen, Baxter, Blizard, Branson, Brandon, Britton, 
 Brooks, Brown of Davidson, Brown of Henry, etc., Burkett, Byrne, 
 Campbell, Carter, Chowning, Coffin, Cummings, Cypert, Deader- 
 ick, Deavenport, Doherty, Dromgoole, Fielder, Finley, Fulkerson, 
 ( rarner, Gaut, Gibbs, Gibson, Gordon, Heiskell, Henderson, Hill of 
 Gibson, House of Williamson, House of Davidson, Robertson and 
 Montgomery, I vie, Jones of Lincoln, Jones of Giles, Kennedy, 
 Key, Kirkpatrick, Kyle, Mabry, McDougal, McNabb, Morris, 
 Mceks, Netnerland, Nicholson, Parker, Porter of Henry, Sample, 
 Shepard, Shelton, Staley, Stephens, Taylor, Thompson of Davidson, 
 Turner, Walters, W r arner, Williamson and Wright 62. 
 
 Those voting in the negative are : 
 
 Messrs. Xrledge, Bate, Burton, Dibbrell, Fentress, Gardner, Hill 
 of Warren, Martin, Porter of Haywood, Seay, and Thompson of 
 Maury 11. 
 
 Mr. BAXTER moved to lay the amendment of Mr. Porter, of 
 Henry, on the table. 
 
 Mr. TAYLOR demanded the yeas and nays, which were ordered, 
 and the motion to lay on the table sustained. 
 
 Yeas 47 
 
 Nays 26 
 
 Those voting in the affirmative are : 
 
 Messrs. Allen, Bate, Baxter, Blizard, Brandon, Brown of David- 
 son, Burkett, Burton, Byrne, Campbell, Chowning, Coffin, Cypert, 
 Deaderick, Deavenport, Doherty, Dromgoole, Fielder, Gardner, 
 
172 
 
 Garner, Gaut, Gibson, Gordon, Heiskell, Henderson, House of 
 Williamson, House of Davidson, Robertson and Montgomery, Jones 
 of Giles, Kennedy, Key, Kirkpatrick, Mabry, McDougal, Meeks, 
 Netherland, Nicholson, Parker, Sample, Seay, Shepard, Shelton, 
 Stephens, Thompson of Davidson, Thompson of Maury, Turner, 
 Walters and Warner 47. 
 
 Those voting in the negative are : 
 
 Messrs. Arledge, Branson, Britton, Brooks, Brown of Henry, 
 etc., Carter, Cummings, Dibbrell, Fentress, Finley, Fulkerson, 
 Gibbs, Hill of Warren, Hill of Gibson, Ivie, Jones of Lincoln, 
 Kyle, McNabb, Martin, Morris, Porter of Hay wood, Porter of 
 Henry, Staley, Taylor, Williamson and Wright 26. 
 
 The Convention took a recess until 2J o'clock P. M. 
 
 AFTERNOON SESSION. 
 
 Mr. President BROWN called the Convention to order at 2J 
 o'clock P. M. 
 
 Mr. HEISKELL submitted the following amendment to the report 
 of the majority of the Committee on Franchise, which was adopted 
 by the Convention : 
 
 AMENDMENT IN SECOND LINE. 
 
 After the words " citizen of the United States and a " strike out 
 " citizen," and insert " resident of this State for twelve months, and," 
 so as to read, " Being a citizen of the United States and resident of 
 this State for twelve months, and of the county/ 7 etc. 
 
 Mr. KENNEDY offered the following amendment : 
 After the word " months," in third line, insert " and of the elec- 
 tion district or ward sixty days." 
 
 Mr. NICHOLSON moved to amend the amendment by striking out 
 " sixty " and inserting " thirty," which was accepted by Mr. Ken- 
 nedy. 
 
 Mr. BUETON moved to lay the amendment on the table. 
 
173 
 
 Mr. Cypert demanded the yeas and nays, which were ordered, 
 and the motion to lay on the table was sustained. 
 
 Yeas 45 
 
 Nays 24 
 
 Those voting in the affirmative are : 
 
 Messrs. Baxter, Blizard, Branson, Britton, Burkett, Burton, 
 Carter, Coffin, Cummings, Cypert, Deaderick, Deavenport, Dib- 
 brell, Doherty, Finley, Fulkerson, Gaut, Gibbs, Gibson, Gordon, 
 Henderson, Hill of Warren, House of Williamson, Ivie, Jones 
 of Lincoln, Key, Kirkpatrick, Kyle, Mabry, McNabb, Martin, 
 Morris, Meeks, Netherland, Nicholson, Parker, Sample, Seay, 
 Shepard, Staley, Taylor, Walters, Warner, Williamson and Wright 
 45. 
 
 Those voting in the negative are : 
 
 Messrs. Bate, Brandon, Brooks, Brown of Davidson, Brown of 
 Henry, etc., Byrne, Campbell, Chowning, Dromgoole, Fentress, 
 Fielder, Gardner, Garner, Heiskell, House of Davidson, Robertson 
 and Montgomery, Jones of Giles, Kennedy, McDougal, Porter of 
 I lay wood, Porter of Henry, Shelton, Stephens, Thompson of David- 
 son and Turner 24. 
 
 Mr. GIBSON offered the following amendment : 
 
 Strike out all between the words " suffrage," in the 6th line, and 
 the word " provided," in the 12th line, and insert the word " other" 
 after the word " no " in the 6th line, so that the section shall read 
 thus : 
 
 Sec. 1st. Every man of the age of twenty-one years, being a citi- 
 zen of the United States and a citizen of the county wherein he 
 may offer his vote six months next preceding the day of election, 
 shall be entitled to vote for members of the General Assembly and 
 other civil officers for the county or district in which he resides, 
 and there shall be no other qualification attached to the right of 
 suffrage : Provided, That the General Assembly shall have power 
 to enact laws requiring voters to vote in the election precincts in 
 which they may reside, and laws to secure the freedom of elections 
 and the purity of the ballot-box. 
 
 The amendment was ruled out of order, as another proposition, 
 embracing the same in substance, had been voted on and rejected. 
 
 Mr. GIBSON moved to reconsider the vote laying the amendment 
 of Mr. Jones of Lincoln, on the table. 
 
 Mr. KENNEDY moved to lay the motion to reconsider on the 
 table. 
 
 Mr. GIBSON demanded the yeas and nays, which were ordered, 
 and the motion to lay on the table was sustained. 
 
174 
 
 Yeas.. 40 
 
 Nays, 27 
 
 Those voting in the affirmative are : 
 
 Messss. Bate, Baxter, Blizard, Brandon, Brown of Davidson, 
 Bnrkett, Barton, Byrne, Campbell, Coffin, Cu minings, Deaderiek, 
 Dea ven port, Dibbrell, Doherty, Dromgoole, Fielder, Gardner, 
 Garner, Gordon, Heiskell, Henderson, House of Williamson, House 
 of Davidson, Robertson and Montgomery, Jones of Giles, Ken- 
 nedy, Key, Kirkpatrick, McDougal, Meeks, Nicholson, Porter of 
 Haywood, Seay, Shepard, Shelton, Stephens, Taylor, Thompson of 
 Davidson, Turner and Walters 40. 
 
 Those voting in the negative are : 
 
 Messrs. Branson, Britton, Brooks, Brown of Henry, Carroll, 
 Gibson and Madison, Carter, Chowning, Cypert, Fin ley, Fulkerson, 
 Gaut, Gibbs, Gibson, Hill of Warren, Ivie, Jones of Lincoln, Kyle, 
 Mabry, McNabb. Martin, Netherland, Parker, Porter of Henry, 
 Sample, Staley, Warner, Williamson and Wright 27. 
 
 Mr. HEISKELL offered the following amendment : 
 In the 9th line strike out the words " then due by him," and in- 
 sert, " For such preceding period as the Legislature shall prescribe." 
 Which was adopted. 
 
 Mr. HEISKELL submitted the following amendment : 
 
 In the 9th line, after the words of last amendment, insert, "And 
 
 at such time as may be prescribed by law." Which was adopted 
 
 by the Convention. 
 
 Mr. WARNER moved to amend by striking out the word " poll " 
 wherever it occurs in the report of the majority, etc. 
 
 Mr. HOUSE of Davidson, Robertson and Montgomery, moved to 
 lay the motion on the table. 
 
 Mr. WARNER demanded the yeas and nays, which were ordered, 
 and the motion to lay on the table sustained. 
 
 Yeas 54 
 
 Nays 14 
 
 Those voting in the affirmative are : 
 
 Messrs. Bate, Baxter, Blizard, Brandon, Britton, Brown of 
 Davidson, Brown of Henry, etc., Burkett, Burton, Byrne, Camp- 
 bell, Carter, Chowning, Coffin, Cummings, Cypert, Deaderiek, 
 Deavenport, Dibbreli, Doherty, Dromgoole, Fentress, Fielder, 
 Fulkerson, Gardner, Garner, Gaut, Gibbs, Gordon, Heiskell, Hen- 
 derson, House of Williamson, House of Davidson, Eobertson and 
 Montgomery, Ivie, Jones of Giles, Kennedy, Key, Kirkpatrick, 
 Kyle, Mabry, McDougal, McNabb, Meeks, Nicholson, Porter of 
 
175 
 
 Hay wood, Seay, Shepard, Shelton, Staley, Stephens, Taylor, Turner, 
 Walters and Wright 54. 
 
 Those voting in the negative are : 
 
 Messrs. Branson, Brooks, Finley, Gibson, Hill of Warren, Jones 
 of Lincoln, Martin, Netherland, Parker, Porter of Henry, Sample, 
 Thompson of Davidson Warner, and Williamson 14. 
 
 Mr. KKXXEDY submitted the following amendment: 
 Strike out the words " laws requiring voters to vote in the elec- 
 tion precincts in which they may reside," and insert at end of the 
 5th line, " who shall vote in the district or ward in which they may 
 reside", 
 
 Mr. CYPERT moved to lay the amendment on the table, and de- 
 manded the yeas and nays on his motion, which were ordered, and 
 the motion to lay on the table sustained. 
 
 Yeas 45 
 
 Kays 23 
 
 Those voting in the affirmative are : 
 
 Messrs. Bate, Baxter, Blizard, Branson, Britton, Burkctt, Bur- 
 ton, Byrne, Carter, Coffin, Cummings, Cypert, Deaderick, Deaven- 
 port, Dibbrell, Dromgoole, Fen tress, Finley, Fulkerson, Gibbs, 
 Gibson, Gordon, Henderson, House of Williamson, Ivie, Jones of 
 Lincoln, Key, Kirkpatrick, Kyle, Mabry, McDougal, McNabb, 
 Martin, Meeks, Netherland, Nicholson, Parker, Sample, Seay, 
 Shepard, Staley, Taylor, Walters, Warner and Williamson 45. 
 
 Those voting in the negative are : 
 
 Messrs. Brandon, Brooks, Brown of Davidson, Brown of Henry, 
 Carroll, Gibson and Madison, Campbell, Chowning, Doherty, 
 Fielder, Gardner, Garner, Gaut, Heiskell, Hill of Warren, House 
 of Davidson, Robertson and Montgomery, Jones of Giles, Ken- 
 nedy, Porter of Haywood, Porter of Henry, Shelton, Stephens, 
 Thompson of Davidson, Turner and Wright 23. 
 
 Mr. COFFIN submitted the following amendment : 
 
 ARTICLE IV. 
 
 Section 1. Every man of the age of twenty-one years, being a 
 citizen of the United States, and a citizen of the State twelve 
 months, and of the county wherein he may offer his vote six 
 months next preceding the day of election, shall be a voter, and 
 may be required by law to give to the Judges of election, where he 
 offers to vote, satisfactory evidence that he has paid the poll-tax 
 then due by him, without which his vote cannot be received, and 
 all male citizens, etc., as in report of Committee. 
 
176 
 
 Mr. FULKERSON moved to amend the amendment by striking 
 out the word " may " and inserting " shall." 
 
 Mr. PORTER, of Hay wood, moved to lay the amendment on the 
 table. 
 
 Mr. COFFIN demanded the yeas and nays, which were ordered, 
 and the motion to lay on the table sustained. 
 
 Yeas 41 
 
 Nays... 25 
 
 Those voting in the affirmative are : 
 
 Messrs. Bate, Baxter, Brandon, Brooks,, Brown of Davidson, 
 Burkett, Burton, Campbell, Carter, Chowning, Cummings, Deader- 
 ick, Dibbrell, Doherty, Dromgoole, Fielder, Gardner, Garner, Gaut, 
 Gordon, Heiskell, Henderson, House of Williamson, House of 
 Davidson, Kobertson and Montgomery, Jones of Giles, Kennedy. 
 Key, Kirkpatrick, McDougal, McNabb, Meeks, Nicholson, Porter 
 of Hay wood, Porter of Henry, Seay, Shepard, Shelton, Stephens, 
 Thompson of Davidson, Turner and Wright 41. 
 
 Those voting in the negative are : 
 
 Messrs. Blizard, Branson, Britton, Brown of Henry, etc., Byrne,. 
 Coffin, Cypert, Deavenport, Fentress, Finley, Fulkerson, Gibbs, 
 Gibson, Hill of Warren, Ivie, Kyle, Mabry, Martin, Netherland, 
 Parker, Sample, Staley, Taylor, Walters and Warner 25. 
 
 Messrs. JONES, of Lincoln, and WILLIAMSON, were excused by 
 the Convention from voting on the foregoing proposition. 
 
 Mr. BURTON moved to amend by striking out the word " man " 
 in the first line and inserting the words " male person." 
 
 Mr. NICHOLSON demanded the previous question, which demand 
 was sustained. 
 
 The vote was taken, and Mr. BURTON'S amendment adopted. 
 
 Article IV, as amended, reads as follows : 
 
 Every male person of the age of twenty-one years, being a citi- 
 zen of the United States, and a resident of this State for twelve 
 months, and of the county wherein he may offer his vote six months 
 next preceding the day of election, shall be entitled to vote for 
 members of the General Assembly and other civil officers for the 
 county or district in which he resides, and there shall be no qual- 
 ification attached to the right of suffrage, except that each voter 
 shall give to the Judges of election, where he offers to vote, satis- 
 factory evidence that he has paid the poll-taxes for such preceding 
 period as the Legislature shall prescribe, and at such time as may 
 be prescribed by law, without which his vote cannot be received, 
 
177 
 
 and all male citizens of the State shall be subject to the payment of 
 poll-taxes and to the performance of military duty, within such 
 ages as may be prescribed by law ; Provided, That the General As- 
 sembly shall have power to enact laws requiring voters to vote in 
 the election precincts in which they may reside, and laws to secure 
 the freedom of elections and the purity of the ballot-box. 
 
 Mr. JONES, of Lincoln, demanded the yeas and nays on the 
 adoption of the Article as amended, which were ordered, and the 
 Article adopted : 
 
 Yeas: 56 
 
 Nays 18 
 
 Those voting in the affirmative are : 
 
 Messrs. Allen, Bate, Baxter, Blizard, Brandon, Britton, * Brown 
 of Davidson, Burkett, Burton, Byrne, Coffin, Chowning, Cum- 
 mings, Cypert, Deaderick, Deavenport, Pibbrell, Doherty, Drom- 
 goole, Fielder, Fulkerson, Gardner, Garner, Gaut, Gibbs, Gordon, 
 Heiskell, Henderson, Hill of Warren, Hill of Gibson, House of 
 Williamson, House of Davidson, Robertson and Montgomery, Ivie, 
 Jones of Giles, Kennedy, Key, Kirkpatrick, Kyle, McDougal, Mc- 
 Nabb, Martin, Morris, Meeks, Netherland, Nicholson, Porter of 
 Hay wood, Seay, Shelton, Stephens, Thompson of Davidson, Thomp- 
 son of Maury, Turner, Warner, Walters, Wright and President 
 Brown 56. 
 
 Those voting in the negative are : 
 
 Messrs. Arledge, Branson, Brooks, Brown of Henry, etc., Camp- 
 bell, Carter, Fentress, Finley, Gibson, Jones of Lincoln, Mabry, 
 Parker, Porter of Henry, Sample, Shepard, Staley, Taylor and 
 Williamson 18. 
 
 Mr. NICHOLSON moved to reconsider the vote adopting said Ar- 
 ticle IV, and moved to lay the motion to reconsider on the table, 
 which latter motion was sustained. 
 
 The Convention, on motion, adjourned until to-morrow morning 
 at 9J o'clock. 
 
 12 
 
178 
 
 SATURDAY MORNING, JANUARY 29, 1870. 
 
 The Convention met pursuant to adjournment, Mr. President 
 BROWN in the Chair. 
 
 Prayer by the Rev. Mr. SAMPLE, a member of this body. 
 The Journal of yesterday was read and approved. 
 
 LEAVE TO VOTE. 
 
 Mr. ALLEN asked and obtained leave to record his vote in favor 
 of Article IV, adopted on yesterday. 
 
 Mr. THOMPSON, of Maury, was, on his motion, allowed to record 
 his vote in favor of Article IV. 
 
 CHANGE OF VOTES. 
 
 Mr. McNABB asked and obtained leave to change his vote on 
 Article IV, he having voted in the negative on yesterday. 
 
 Mr. WALTERS asked and obtained leave to change his vote on 
 Article IV, he having voted in the negative under a misappre- 
 hension. 
 
 PROTEST. 
 
 Mr. STALEY presented the following protest against the action 
 of the majority in adopting Article IV on yesterday : 
 
 " The undersigned having voted against the amendment proposed 
 by a majority of the Committee on Elections and Elective Fran- 
 chise, avails himself of his right to enter upon the Journal the rea- 
 sons for his dissent. The majority of said Committee have reported, 
 ' That each voter shall give to the judges of election where he of- 
 fers to vote, satisfactory evidence that he has paid his poll-taxes 
 then due by him, without which his vote cannot be received.' The 
 undersigned is unwilling to aid in placing any restriction of the 
 kind on the exercise of this great and important right for the 
 reasons following : 
 
 1. It is a property qualification. 
 
 2. Many good men, whose only fault is their poverty, will be de- 
 prived of the elective franchise. 
 
179 
 
 3. The poll-tax may be increased to such an extent as to amount 
 to a prohibition of the exercise of this right by many. 
 
 4. It will still further corrupt the ballot-box. 
 
 5. The tendency of power in this country is to steal continually 
 from the hands of the many into the hands of the few. This clause 
 in the amendment, proposed by the majority, will encourage this 
 tendency, and give to the opulent candidate an advantage over his 
 less fortunate opponent, which he should not have. 
 
 It is regretted that the majority of the Committee felt it their 
 duty to insert this clause, for in all other respects the report is un- 
 objectionable, and but for this clause would be cheerfully supported. 
 
 W. B. STALEY. 
 
 PROTEST. 
 
 Mr. GIBSON presented the following protest, which, at his re- 
 quest, was ordered to be spread on the Journal : 
 
 The undersigned cannot satisfy their sense of duty to themselves 
 and to their constituents without stating in full the reasons that 
 prompted their vote against the 1st Section of the 4th Article of 
 the Amended Constitution, known as the Franchise Section. That 
 section requires that every voter before he can vote shall produce 
 "satisfactory evidence" to the judges of election that he has paid 
 his poll-tax. Had it not been for this required prepayment of the 
 poll-tax the undersigned would gladly have voted for said section. 
 Their constituents now vote without any tax restriction, and they 
 cannot consent to impose such restriction upon them ; they favor 
 the removal of all restrictions, and not the creation of new ones. 
 
 But the undersigned are firm believers in the doctrine that suf- 
 frage is a right and not a privilege as much a right as life, liberty 
 or property a right not to be limited and not to be restricted ex- 
 cept as to age, time and place; and above all, a right not to be be- 
 stowed on the rich in preference to the poor. Suffrage is the poli- 
 tical means of self-defense, and the disfranchised man is, or soon will 
 be, a slave. Such being their cardinal doctrine, the undersigned 
 would enumerate the following minor reasons for their vote : 
 
 1st. The right to restrict the elective franchise implies the right to 
 destroy it. 
 
 If one obstacle can be placed between the voter and the ballot- 
 box, the entire road can be closed. If one qualification can be re- 
 quired, so can another^ so can many. Is the payment of money a 
 better pre-requisite for voting than is proof of loyalty, or of intelli- 
 gence or morality ? 
 
 2d. The required pre-payment of the pell-tax is an unjust discrimi- 
 nation against the poor man. What is taxation ? Taxation is the 
 price of protection. But the poor man, having but little property, 
 
180 
 
 needs but little protection. And yet, by said section, the poor man 
 hasjust the same tax to pay before he can vote as the rich man. 
 
 3d. The required pre-payment of the poll-tax as a qualification for 
 voting is more oppressive to the rich than a property qualification. 
 
 Where there is a property qualification the voter can vote and 
 pay his poll-tax afterwards. But here he must pay his poll-tax be- 
 fore he can vote at all. In truth, this whole thing is nothing but a 
 property qualification in disguise. 
 
 4th. The required pre-payment of the poll-tax will give the rich 
 candidate an unjust but great advantage over a poor candidate. 
 
 The rich candidate, in person or through friends, can pay the 
 poll-tax of every poor man favorable to his election, while the poor 
 men, favorable to the poor candidate, will in many cases be unable 
 to vote. And here the door is opened to infinite bribery and in- 
 finite corruption in Tennessee politics. 
 
 5th. The required pre-payment of the poll-tax will enable a partisan 
 tax collector to disfranchise many voters. Suppose the tax-collector 
 should refuse to receive the poll-tax from certain voters, or should 
 absent himself, for political purposes, or should resign or die shortly 
 before an election, how easily could he thus change the result of an 
 election, and defeat the true will of the people. We see here com- 
 missioners of registration with a new. name ! 
 
 6th. The required pre-payment of the poll-tax only substitutes a 
 tax receipt for the present voting certificate. The voter has to pro- 
 duce "satisfactory evidence" to the judges of election that he has 
 paid his poll-tax. What is " satisfactory evidence ?" It is legal 
 evidence sufficient to satisfy the judicial mind ; and that legal evi- 
 dence the courts will quickly declare must be a tax receipt, the 
 most odious of voting certificates. 
 
 7th. The required prepayment of the poll-tax will enable partisan 
 judges of election to disfranchise legal voters. Democratic judges 
 will be "satisfied" with little or no "evidence" when a Democrat 
 offers his vote ; but will require the most " satisfactory evidence," 
 to-wit : a tax receipt, when a Republican offers his vote, and vice 
 versa. How monstrous the inducement to corruption ! 
 
 8th. The required pre-payment of the poll-tax will be the mother 
 of infinite contests and strife in elections. 
 
 In consequence of the possible frauds above mentioned being 
 actually perpetrated, many lawful voters will be practically disfran- 
 chised, and many unlawful voters allowed to vote. Fraudulent 
 tax receipts will be forged. Perjury will usher in many a vote. 
 Bribery will luxuriate around the ballot-box. Poor men will stand 
 back with a sigh, while the rich put in their votes. Challenges will 
 be endless ; and the resulting strife and bad feeling infinite. No- 
 body will be satisfied. The ballot will lose its dignity. Elections 
 will become a farce ; and but we prefer to drop the curtain upon 
 the last scene in this horrid drama. 
 
181 
 
 And therefore it is, that the undersigned predict that this re- 
 quired pre-payment of the poll-tax will be odious to the people. It 
 will array the poor men of Tennessee, the men who fight your 
 battles, and who constitute your wealth and your strength, in solid 
 phalanx against that Constitution which strikes at the most precious 
 of all their rights. It will awaken a breeze of opposition in every 
 settlement from the Blue Ridge to the Mississippi ; and if that 
 breeze is swelled into a storm by the advocates of white suffrage, 
 and that storm is swelled into a tempest by the removal of the ex- 
 isting judiciary ; and that tempest swelled into a tornado by the 
 friends of free schools, then will this fabric of government, we are 
 here erecting, be swept away, and " like the baseless fabric of a 
 vision, leave not a wreck behind. " 
 
 For the foregoing considerations, the undersigned protest against 
 so much of said franchise section as requires the pre-payment of 
 poll-tax as the condition of voting ; and ask that this their protest 
 be spread upon the Journal. 
 
 HENRY R. GIBSON. 
 JAMES W. BRANSON. 
 JAMES C. PARKER, 
 W. H. FINLEY, 
 R. P. BROOKS. 
 
 The roll was called for Memorials and Petitions. 
 
 AMENDMENT PEOPOSED. 
 
 Mr. GORDON offered the following resolution : 
 
 Resolved, That the Committee on Miscellaneous Subjects be in- 
 structed to inquire and report whether a provision shall not be in- 
 serted in the Constitution appropriating for ever all revenue de- 
 rived from poll-taxes for the use of the State to the purposes of edu- 
 cation in common schools throughout the State. 
 
 On motion of Mr. GOKDON, it was ordered that the foregoing 
 resolutions, and kindred propositions, be referred to a Special Com- 
 mittee of seven, to be appointed by the President. 
 
 JUDICIARY. 
 
 Mr. NICHOLSON submitted the following resolution, which was 
 read, and on motion of Mr. Jones, of Lincoln, was ordered to be 
 laid on the table, and 100 copies printed for the use of the Conven- 
 tion : 
 
 Resolved, That before taking up the reports of the majority or 
 minority of the Judiciary Committee, or of any of the substitutes 
 therefor offered to the Convention, it is expedient that the judgment 
 of the Convention be taken on the following propositions, viz : 
 
182 
 
 1st. It is the judgment of the Convention that the offices now 
 held by the Supreme Judges, Chancellors', Circuit Judges, Criminal 
 Judges, Attorney General and Reporter for the State, and District 
 Attorneys, shall be vacated after the ratification by the people of 
 the amended Constitution, at such time as may be therein prescribed. 
 
 2d. It is the judgment of the Convention that the Supreme 
 Judges, Chancellors, Circuit Judges, Criminal Judges, Attorney 
 and Reporter for the State, and the States Attorneys for the Dis- 
 tricts be appointed by the Governor, by and with the advice and 
 consent of the Senate. 
 
 3d. It is the judgment of the Convention that a Special Commis- 
 sion be appointed by the Governor, by and with the advice of the 
 Senate, to consist of three lawyers in each division of the State, to 
 sit as judges, with full jurisdiction to hear and determine all the 
 causes pending in the Supreme Court at Knoxville, Nashville, and 
 Jackson, their commissions to expire on the 1st of October, 1871. 
 
 Resolved, That upon the determination by the Convention of 
 these propositions, the majority and minority reports, together with 
 the several substitutes, be recommitted to the Judiciary Committee, 
 with instructions to prepare and report a plan of judicial reform in 
 pursuance of the judgment of the Convention on said propositions. 
 
 AMENDMENTS PROPOSED. 
 
 Mr. HEISKELL submitted the following amendment to Article 
 XI, Section 7 : 
 
 The Legislature shall have power to pass a statute of limitations 
 applicable to the lands which have been granted by this State, on 
 payment of entry taker's fees only, different from the general 
 statute of limitation in regard to lands. Which was read and re- 
 ferred to the Committee on the Legislative Department. 
 
 Mr. FENTRESS submitted the following resolution, which was 
 read and referred to the Special Committee to be raised on the sub- 
 ject of Common Schools : 
 
 Resolved, That the Committee on Miscellaneous Provisions be 
 instructed to inquire whether the Legislature shall not be prevented 
 by constitutional provision from making a common school law 
 which forces the poor white man to send his children to school with 
 negro children, or lose entirely the benefits of the free common 
 schools. 
 
 RATIFICATION BY THE PEOPLE. 
 
 Mr. THOMPSON, of Davidson, submitted the following resolution : 
 
 Be it resolved. That it is expedient that the new Constitution 
 
 shall be submitted to the people at the next ensuing election of 
 
183 
 
 county officers ; and, therefore, in the event that the adjournment 
 of this Convention shall not leave a sufficient interval to elapse be- 
 fore the day for the county elections, as now fixed by law, to be 
 held on the day of March, 1870, the day of election should be 
 postponed, not less than thirty days after the adjournment of the 
 Convention. 
 
 Mr. HOUSE, of Davidson, Robertson and Montgomery, moved to 
 suspend the rules and take up the resolution, and submitted the 
 following resolution in lieu : 
 
 WHEREAS, It being expedient that the new Constitution should 
 be submitted to a vote of the people at the ensuing election for 
 county officers on 5th March, next ; therefore, 
 
 Be it resolved, That this Convention will meet each night of its 
 daily sessions, at 7 o'clock, P. M., commencing on Monday next. 
 
 Mr. KENNEDY moved to amend the amendment in lieu, by add- 
 ing " that no vote shall be taken at any night session." 
 
 Mr. POUTER, of Haywood, moved to lay the resolution of Mr. 
 Thompson, the resolution in lieu, and the amendment, on the table. 
 
 Mr. CYPERT demanded the yeas and nays, which were ordered, 
 and the motion to lay on the table sustained. 
 
 Yeas , 37 
 
 Kays 32 
 
 Those voting in the affirmative are : 
 
 Messrs. Bate, Baxter, Blizard, Branson, Brooks, Brown of David- 
 son, Burkett, Campbell, Carter, Chowning, Cypert, Doherty, Drom- 
 goole, Fentress, Finley, Fulkerson, Gibbs, Gibson, Gordon, Heis- 
 kell, Henderson, Jones of Lincoln, Jones of Giles, Kennedy, Key, 
 Mabry, McDougal, Meeks, Parker, Porter of Haywood, Porter of 
 Henry, Shelton, Staley, Stephens, Taylor, Walters and William- 
 son 37. 
 
 Those voting in the negative are : 
 
 Messrs. Allen, Brandon, Britton, Brown of Henry, etc., Burton, 
 Byrne, Coffin, Cummings, Deaderick, Deavenport, Dibbrell, Fielder, 
 Gardner, Garner, Gaut, Hill of Warren, House of Williamson, 
 House of Davidson, Robertson and Montgomery, Ivie, Kirkpatrick, 
 Kyle, MoNabb, Martin, Netherland, Nicholson, Sample, Shepard, 
 Thompson of Davidson, Thompson of Maury, Turner, Warner and 
 Wright 32. 
 
 AMENDMENTS PROPOSED. 
 
 Mr. BROWN, of Davidson, offered the following resolution, which 
 
184 
 
 was read and referred to the Special Committee on Common 
 Schools : 
 
 Resolved, That the Constitution be so amended that all revenue 
 derived from poll tax be applied exclusively to the payment of the 
 public debt, and when it is accomplised it shall be applied to com- 
 mon schools and for no other purpose. 
 
 TO SAVE TIME. 
 
 ME. FENTRESS submitted the following preamble and resolution, 
 which were read and referred to the Committee on Miscellaneous 
 Provisions : 
 
 WHEREAS, These daily discussions of how to save time consume 
 more time than is saved by them: 
 
 Resolved, That hereafter discussions as to how to save time shall 
 be out of order, and that this Convention proceed to the business 
 before it, and when finished that they adjourn. 
 
 SUFFRAGE AND ELECTIONS. 
 
 On motion of Mr. JONES, of Lincoln, the Convention resumed 
 the consideration of the unfinished business of yesterday the re- 
 port of the Committee on Franchise, Right of Suffrage and Elec- 
 tions. 
 
 Article II, Section 7, as reported by the Committee, was adopted. 
 
 Mr. PARKER submitted the following amendment, which was re- 
 iected by the Convention : 
 
 In all elections by the people, and also by the Senate and House^ 
 of Representatives, jointly or separately, the votes shall be person- 
 ally and publicly given viva voce. 
 
 Mr. NICHOLSON submitted the following in lieu of Section 8, as 
 reported by the Committee : 
 
 Article II, Section 8. The first session of the General Assembly 
 shall commence on the first Monday in October, 1871, at which 
 time the term of service of the members shall commence, and ex- 
 pire on the first Tuesday in November, 1872, and at which session 
 the Governor elected on the first Tuesday in November, 1870, shall 
 be inaugurated ; and forever thereafter the General Assembly shall 
 meet on the first Monday in January, next ensuing the election, at 
 which session thereof the Governor shall be inaugurated. 
 
 Which was adopted in lieu, and the section, as thus amended, was 
 adopted by the Convention. 
 
185 
 
 LEGISLATIVE DEPARTMENT. 
 
 The Convention, on motion of Mr. JONES, of Lincoln, proceeded 
 to the consideration of the report of the Committee on the Legisla- 
 tive Department. 
 
 ARTICLE II. 
 
 Sections 1 and 2, as they exist in the present Constitution, were 
 adopted by the Convention. 
 
 Section 3, as recommended by the Committee, was adopted. 
 
 Section 4 was amended by striking out " forty-one " and inserting 
 " seventy-one ; as thus amended, was adopted by the Convention. 
 
 At 1 o'clock P. M., Mr. KENNEDY moved to adjourn until Mon- 
 day morning at 9| o'clock. 
 
 Mr. BAXTER demanded the yeas and nays, which were ordered, 
 and the motion to adjourn until Monday lost. 
 
 Yeas 33 
 
 Nays 36 
 
 Those voting in the affirmative are : 
 
 Messrs. Allen, Bate, Brown of Davidson, Brown of Henry, etc., 
 Burton, Byrne, Campbell, Chowning, Deavenport, Doherty, Drom- 
 goole, Fentress, Gardner, Gibbs, Gordon, House of Williamson, 
 House of Davidson, Robertson and Montgomery, Ivie, Jones of 
 Lincoln, Jones of Giles, Kennedy, Kirkpatrick, Martin, Meeks, 
 Netherland, Porter of Haywood, Porter of Henry, Shelton, Thomp- 
 son of Davidson, Thompson of Maury, Turner, Williamson and 
 Wright 33. 
 
 Those voting in the negative are : 
 
 Messrs. Baxter, Blizard, Branson, Britton, Brooks, Burkett, Car- 
 ter, Coffin, Cummings, Cypert, Deaderick, Dibbrell, Fielder, Finley, 
 Garner, Gaut, Gibson, Heiskell, Henderson, Hill of Warren, Key, 
 Kyle, Mabry, McDougal, McNabb, Nicholson, Sample, Shepard, 
 Staley, Stephens, Taylor, Walters, Warner and President Brown 
 36. 
 
 The Convention took a recess to 2J o'clock?. M. 
 
186 
 
 AFTERNOON SESSION. 
 
 Mr. GARNER offered the following amendment : 
 
 Strike out all after the word " seventy-five " in the third line of 
 Section 5, of Article II, unto the word "Provided" in the 4th line, 
 and insert " fifty," so as to limit the number of Representatives to 
 50 at all times. 
 
 Mr. BROWN, of Henry, etc., moved to lay the amendment on the 
 table. 
 
 Mr. GARNER demanded the yeas and nays, which were ordered, 
 and the motion to lay on the table sustained. 
 
 Yeas 47 
 
 Nays 5 
 
 Those voting in the affirmative are : 
 
 Messrs. Allen, Baxter, Blizard, Branson, Brandon, Britton, 
 Brown of Davidson, Brown of Henry, Carroll, Gibson and Madi- 
 son, Byrne, Campbell, Chowning, Coffin, Cummings, Cypert, Dead- 
 erick, Deavenport, Dibbrell, Doherty, Fielder, Finley, Fulkerson, 
 Gaut, Gibbs, Gibson, Heiskell, Henderson, Ivie, Jones of Giles, 
 Key, Kyle, Mabry, McDougal, McNabb, Martin, Netherland, Nich- 
 clson, Parker, Porter of Henry, Shepard, Stephens, Thompson of 
 Davidson, Thompson of Maury, W; Iters, Warner, Williamson and 
 Wright 47. 
 
 Those voting in the negative are: 
 
 Messrs. Brooks, Carter, Garner, Hill of Warren, and Kennedy 
 5. 
 
 Mr. DIBBRELL offered the following amendment : 
 In the last line of Section 5, strike out " two-thirds " and insert 
 " 1500 voters." 
 
 Mr. ALLEN moved to lay the amendment on the table. 
 Mr. CYPERT demanded the yeas and nays, which were ordered, 
 and the motion to lay on the table sustained. 
 
 Yeas 31 
 
 Nays 24 
 
 Those voting in the affirmative are : 
 
 Messrs. Allen, Bate, Baxter, Blizard, Britton, Brown of Henry, 
 
187 
 
 etc., Campbell, Carter, Chowning, Deaderick, Fentress, Fielder, 
 Fulkerson, Garner, Gaut, Gibbs, Heiskell, Henderson, Ivie, Key, 
 Kirkpatrick, Kyle, Nicholson, Porter of Henry, Sample, Shepard, 
 Slid ton, Staley, Stephens, Thompson of Davidson, and Thompson 
 of Maury 31. 
 
 Those voting in the negative are : 
 
 Messrs. Branson, Brooks, Brown of Davidson, Byrne, Coffin, 
 Cummings, Cypert, Deavenport, Dibbrell, Doherty, Finley, Gibson, 
 Hill of Warren, Jones of Giles, Kennedy, Mabry, McDougal, Mc- 
 Nubb, Martin, Parker, Walters, W^arner, Williams and Wright 24. 
 
 Mr. ALLEN moved that the Convention adjourn to Monday morn- 
 ing at 9 J o'clock, A. M. 
 
 Mr. GARNER demanded the yeas and nays, and the motion to ad- 
 journ was lost. 
 
 Yeas 18 
 
 Nays 35 
 
 Those voting in the affirmative are : 
 
 Messrs. Allen, Bate, Brown of Henry, etc., Campbell, Fentress, 
 Gibbs, Jones of Giles, Martin, Nethcrland, Porter of Haywood, 
 Porter of Henry, Shepard, Shelton, Thompson of Davidson, Thomp- 
 son of Maury, Walters, Williamson and Wright 18. 
 
 Those voting in the negative are : 
 
 Messrs. Baxter, Blizard, Branson, Brandon, Britton, Brooks, 
 Brown of Davidson, Burkett, Byrne, Carter, Chowning, Coffin, 
 (Jammings, Cypert, Deaderick, Deavenport, Dibbrell, Doherty, 
 Fielder, Finley, Fulkerson, Garner, Gaut, Gibson, Henderson, Hill 
 of Warren, Kennedy, Key, Kirkpatrick, Kyle, Mabry, McDougal, 
 McNabb, Nicholson, Parker, Sample, Staley, Stephens and Warner 
 39. 
 
 Mr. DEAYENPORT offered the following amendment to Section 5, 
 Article II : 
 
 " Provided further, That those counties entitled to one represen- 
 tative by the apportionment of 1851 and 1852, shall never be de- 
 prived of tiiat representation." 
 
 On motion of Mr. CAMPBELL, the amendment was laid on the 
 table. 
 
 Section 5, as reported by the Committee, was adopted without 
 amendment. 
 
 Section 6, as recommended by the committee, was adopted with- 
 out amendment. 
 
188 
 
 Sections 7 and 8 were passed over, they having been adopted in 
 the report of the Committee on Elections. 
 
 Mr. GARNER offered the following amendment to Section 9 : 
 
 Strike out " twenty-one years " in the second line, and insert 
 twenty-five years." 
 
 Which was rejected, and the section, as recommended by the 
 committee, adopted. 
 
 Mr. THOMPSON, of Maury, moved to amend Section 10 by strik- 
 ing out " thirty " and inserting "twenty-one." Which was rejected. 
 
 Mr. DIBBRELL moved to amend Section 10 by striking out 
 " thirty " and inserting "twenty-five." Which was rejected, and 
 the sections, as amended by the committee, was adopted by the 
 Convention. 
 
 Section 11 was amended by inserting "and election" after the 
 word " qualification," in second line, and thus amended, was adopted 
 by the Convention. 
 
 Mr. WARNER offered the following amendment to Section 12 : 
 After the words " two-thirds," and before the word " expel," in- 
 sert the words " of the entire number," so that said section will 
 read thus : 
 
 Each House may determine the rules of its proceedings, punish 
 its members for disorderly behavior, and, with the concurrence of 
 two-thirds of the entire number, expel a member, but not a second 
 time for the same offence, and shall have all other powers necessary 
 for a branch of the Legislature of a free State. 
 
 Which was rejected, and the section, as recommended by the 
 committee, was adopted by the Convention. 
 
 Sections 13, 14, 15 and 16, were adopted, as reported by the 
 committee, without amendment. 
 
 On motion of Mr. GIBSON, Section 17 was amended by striking 
 out the word " pass," and inserting the words " become a law." 
 And the section, as thus amended, was adopted by the Convention. 
 
 Section 18, as reported by the committee, was adopted without 
 amendment. 
 
 Mr. WARNER submitted the following, in lieu of Section 19, as 
 reported by the committee : 
 
 " After a bill has been considered by both Houses of the General 
 Assembly, and rejected, no bill containing the same substance shall 
 be passed into a law during the same session." 
 
189 
 
 The amendment in lieu was rejected, and the section, as recom- 
 mended by the committee, was adopted. 
 
 Sections 20, 21, and 22, were adopted as recommended by the 
 committee. 
 
 On motion of Mr. STEPHENS, Section 23 was amended by insert- 
 ing the word " each " in lieu of " the/ 7 and before the words Gene- 
 ral Assembly in the second line, and as thus amended, was adopted. 
 
 Mr. GARNER moved to amend by striking out "seventy-five 
 days " in the fourth line, and inserting in lieu thereof " sixty 
 days. 7 ' 
 
 Mr. FULKERSON moved to lay the amendment on the table, and 
 demanded the yeas and nays, which were ordered, and the motion 
 to lay on the table sustained. 
 
 Yeas 33 
 
 Nays 26 
 
 Those voting in the affirmative are : 
 
 Messrs. Allen, Bate, Baxter, Blizard, Branson, Brown of Henry, 
 etc., Burkett, Byrne, Campbell, Carter, Coffin, Cummings, Cypert, 
 Deaderick, Fentress, Fielder, Gaut, Gibbs, Gibson, Henderson, 
 Jones of Giles, Kennedy, Key, Mabry, Nicholson, Parker, Porter 
 of Hay wood, Porter of Henry, Shepard, Shelton, Stephens, Thomp- 
 son of Maury and Williamson 33. 
 
 Those voting in the negative are : 
 
 Messrs. Brandon, Britton, Brooks, Brown of Davidson, Chown- 
 ing, Deavenport, Dibbrell, Doherty, Finley, Fulkerson, Garner, 
 Hill of Warren, Kirkpatrick, Kyle, McDougal, McNabb, Martin, 
 Netherlands Sample, Staley, Thompson of Davidson, Walters, War- 
 ner and President Brown 26. 
 
 Mr. GARNER proposed to amend said section by striking out the 
 words " unless physically unable to attend/ 7 in the 5th line. Which 
 was rejected, and the section, as amended, was adopted by the Con- 
 vention. 
 
 Section 24 was adopted without amendment and without a 
 division. 
 
 Mr. KIRKPATRICK offered the following amendment to Sec- 
 tion 25 : 
 
 " No person, who may at any time have been a collector of taxes, 
 whether State or municipal, or who may have been otherwise en- 
 trusted with the public money, shall be eligible to the General As- 
 sembly, or to any office of trust or profit in the civil department of 
 this State, until he shall have first obtained a discharge for the 
 
190 
 
 amount of such collection, and for all public money with which he 
 may have been entrusted. 
 
 Mr. GIBBS offered the following in lieu of Mr. Kirkpatrick's 
 amendment : 
 
 After the word " assembly," in second line, insert the following: 
 " Or hold any other civil office under the State Government." 
 
 Which was adopted in lieu, and then adopted as an amendment 
 to Section 25 ; and the section, as thus amended, was adopted by 
 the Convention. 
 
 Sections 26 and 27 were adopted by the Convention without 
 amendment. 
 
 Section 28 was paseed over informally. 
 
 Mr. KENNEDY entered a motion to reconsider the vote adopting 
 Section 23, and gave notice that he should, if reconsidered, move to 
 amend the same by striking out the words " or adjourned," in the 
 fourth line. 
 
 All further consideration of the report was postponed until Mon- 
 day next. 
 
 COMMITTEE ON COMMON SCHOOLS. 
 
 The PRESIDENT announced, as the Special Committee on Com- 
 mon Schools, etc., Messrs. Gordon, Brown of Davidson, Kirkpatrick, 
 Gibson, Baxter, Meeks, and Taylor. 
 
 On motion, the Convention adjourned until Monday morning, 
 at 9J o'clock. 
 
 MONDAY MORNING, JANUARY 31, 1870, 
 
 The Convention met pursuant to adjournment, Mr. President 
 BROWN in the Chair. 
 
 Prayer by the Rev. Mr. MCJ\EELEY. 
 
 The Journal of Saturday was read, corrected and approved. 
 
191 
 
 HOURS OF MEETING AND ADJOURNMENT. 
 
 Mr. BRITTON submitted the following resolution : 
 JiV.Wrr^, That it shall be the established rule of this House, un- 
 til otherwise ordered, to meet at 9J o'clock A. M., and adjourn at 4 
 o'clock, which lies over under the rules. 
 
 RESOLUTION WITHDRAWN. 
 
 Mr. BROOKS asked and obtained leave to withdraw the resolution 
 introduced by him on a former day, to create a new county out of 
 portions of Jackson and Overton Counties, for purposes of amend- 
 ment. 
 
 MEMORIAL 
 
 Mr. GAUT presented a memorial from sundry citizens of Bradley 
 County, praying that the Constitution be so amended that the Legis- 
 lature shall have entire control of the subject of tippling and tip- 
 pling houses, which was, without being read, referred to the Com- 
 mittee on Miscellaneous Provisions. 
 
 RIGHTS OF MARRIED WOMEN. 
 
 Mr. KIRKPATRICK submitted the following resolution, which 
 was read and referred to the Committee on Miscellaneous Pro- 
 visions : 
 
 Resolved, That the Constitution be amended by incorporating; 
 therein the following provision, to-wit : 
 
 Sec. . The property and pecuniary rights of every married 
 woman, at the time of marriage, or afterward acquired by gift, de- 
 vise, or inheritance, shall not be subject to the debts or contracts of 
 the husband, and laws shall be passed providing lor the registration 
 of the wife's separate property. 
 
 [MEMORIAL. 
 
 Mr. SEAT presented a memorial from sundry citizens of Smith, 
 Sumner, and Macon Counties, praying the creation of a new county 
 out of portions of said counties, which, without being read, was re- 
 ferred to the Committee on New Counties and County Lines : 
 
 COMMON SCHOOLS. 
 
 Mr. GARDNER submitted the following resolution, which was 
 read and referred to the Committee on Common Schools : 
 
192 
 
 Resolved, That the Committee on Common Schools inquire and 
 report the propriety of dedicating to educational purposes, such 
 portion of the proceeds of the poll-tax hereafter, as shall be in ex- 
 cess of the amount received from that source in the year 1869. 
 Such excess to be invested by the Legislature in such manner as 
 may be prescribed by law, for the benefit of common schools in this 
 State, the principal not to be used until the fund amounts to half a 
 million of dollars. 
 
 MEMORIALS. 
 
 Mr. FENTRESS presented a memorial from sundry citizens of 
 Hardeman and Fayette Counties, praying the creation of a new 
 county out of portions of said counties, which, without being read, 
 was referred to the Committee on New Counties and County Lines. 
 
 Mr. SAMPLE presented a memorial from a large number of citi- 
 zens against the creation of a new county out of portions of Haw- 
 kins, Jefferson and Greene, which, without being read, was referred 
 to the Committee on New Counties and County Lines. 
 
 BANK OF TENNESSEE. 
 
 Mr. THOMPSON, of Davidson, submitted the following resolution : 
 Be it resolved, That in view of the undoubted intention of the 
 State of Tennessee to pay all of her indebtedness, and in view of 
 the embarrassed condition of the State, the Committee on Finance 
 be instructed to enquire and report upon the expendiency of re- 
 chartering the Bank of Tennessee : And at the same time to enquire 
 and report upon the advisability of memorializing Congress to re- 
 mit in favor of the Bank of Tennessee the restrictions and penalties 
 imposed on State Banks by the National Banking system. 
 Which was referred to the Committee on Finance. 
 
 LEGISLATIVE DEPARTMENT FURTHER CONSIDERED. 
 
 The Convention proceeded to the consideration of the unfinished 
 business of Saturday the report of the Committee on the Legisla- 
 tive Department. 
 
 Mr. KENNEDY called up his motion to reconsider the vote adopt- 
 ing Section 23, and the same was reconsidered by the Convention. 
 
 Mr. KENNEDY submitted the following amendment, which was 
 adopted by the Convention : 
 
 Strike out " or adjourned" in the fourth line. 
 
193 
 
 Mr. BAXTER proposed to amend the Section further by striking 
 out the following words : " But no member shall be paid for more 
 than seventy-five days of a regular session, or for more than twenty 
 days of an extra or called session : or for any day when absent from 
 his seat in the Legislature unless physically unable to attend." 
 
 Mr. GARNER moved to lay the amendment on the table. 
 
 Mr. GIBSON demanded the yeas and nays, which were ordered 
 and the motion to lay on the table sustained. 
 
 Yeas 64 
 
 Xays 8 
 
 Those voting in the affirmative are : 
 
 Messrs. Branson, Brandon, Brooks, Brown of Davidson, Brown 
 of Henry, etc., Burkett, Burton, Byrne, Campbell, Carter, Chown- 
 ing, Coffin, Cummings, Cypert, Deaderick, Deavenport, Dibbrell, 
 Dohcrty, Dromgoole, Fentress, Fielder, Finley, Fulkerson, Gardner, 
 Garner, Gant, Gibbs, Gibson, Henderson, Hill of Warren, Hill, of 
 Gibson, House of Williamson, House of Davidson, etc., Ivie, Jones 
 of Lincoln, Jones of Giles, Kennedy, Key, Kirkpatrick, Kyle^ 
 McDougal, McNabb, Martin, Meeks, Morris, Netherland, Nichol- 
 son, Parker, Porter of Haywood, Porter of Henry, Sample, Seay, 
 8hepard, Shelton, Staley, Stephens, Taylor, Thompson of David- 
 son, Turner, Warner, Walters, Wright and President Brown 64. 
 
 Those voting in the negative are: 
 
 Messrs. Allen, Bate, Baxter, Blizard, Heiskell, Mabry, Thomp- 
 son of Maury, and Williamson 8. 
 
 Section 23, as thus amended was adopted by the Convention. 
 
 Mr, JOXES, of Lincoln, submitted the following amendment to 
 Section 29 : 
 
 Add after the word taxation in the 4th line of Section 29, the 
 words : The ordinary County or Corporation tax shall not be greater 
 than the State tax unless specially authorized by the General As- 
 sembly for specific objects. 
 
 Mr. GIBLS moved to lay the amendment on the table, which was 
 rejected. 
 
 Mr. GARNER offered the following amendment in .lieu of Mr. 
 
 JONKS'S : 
 
 After the word taxation in the 4th line of the 29th Section add 
 these words : " The annual County or Corporation tax shall not be 
 greater than the State tax unless first authorized by the vote of the 
 majority of the qualified voters of said County or Corporation.' 7 
 13 
 
194 
 
 On motion of Mr. DIBBEELL the amendment and the amendment 
 in lieu were laid on the table. 
 
 Mr. SEAT offered the following amendment : 
 
 Resolved, That Section 29, (report of Committee on Legislative 
 Department) be amended by inserting after the words " Counties " 
 in the 1st line, the words " Civil Districts," and after the words 
 "County " in the 2nd line the words " Civil Districts." After the 
 word " County " in the 5th line insert the words " Civil District," 
 and in the 6th and 7th lines after the word " County " insert the 
 word " Civil District " and that the word " three-fourths " in the 
 7th line of said section be stricken out, and the words "two-thirds" 
 inserted in lieu thereof. 
 
 On motion of Mr. DEAVENPORT the amendment was laid on the 
 table. 
 
 Mr. HOUSE, of Davidson/ Robertson and Montgomery, submitted 
 the following amendment : 
 
 Inline 7, of Section 29, strike out the words "three-fourths," 
 and insert in lieu thereof the word " majority," and after the word 
 "election" in said line insert ''and no pertoa who does not own at 
 least $250 worth of taxable property, within said county, city or 
 town, as the case may be, shall be entitled to vote in such election ;" 
 so that it will read : 
 
 But the credit of no county, city or town shall be given or loaned 
 to or in aid of any person, company, association or corporation, ex- 
 cept upon an election to be first held by the qualified voters of such 
 county, city or town, and the assent of a majority of the votes cast 
 at said election, and no person who doe's not own at least $250 worth 
 of taxable property within said county, city or town, as the case 
 may be, shall be entitled to vote in such election. 
 
 On motion of Mr. DEAVENPORT the amendment was laid on the 
 table. 
 
 Mr. TURNER offered the following amendment : " After the words 
 " the assent of" in the 7th line, insert in lieu of the words " three 
 fourths'," the words "three-fifths" which was rejected by the Con- 
 vention. 
 
 Mr. ALLEN moved to amend by striking out all of the Section 
 reported by the Committee in lines 5, 6, 7, 8 and 9. 
 
 Mr. BROWN, of Henry, Carroll, Gibson and Madison, submitted 
 the following amendment : 
 
 Insert the word " \vhatever " after the word Corporation in the 
 6th ..line, and strike out the remainder of 6th line. Strike out all 
 
195 
 
 after words " Corporation " in the 8th line and insert the word 
 " whatever ;" so that the Section will read : " But the credit of no 
 county, eity or town shall be given or loaned to or in aid of any 
 person, company, association or corporation whatever. Nor shall 
 any county, city or town become a stockholder with others in any 
 company, association or corporation whatever. 
 
 Mr. MABRY moved to lay the amendment on the table pending 
 which the Convention took a recess to 2J P. M. 
 
 AFTERNOON SESSION. 
 
 Mr. PORTER, of Haywood, demanded the yeas and nays on Mr. 
 Mabry's motion to lay Mr. Brown's amendment on the table, which 
 were ordered and the motion to lay on the table sustained. 
 
 Yeas 44. 
 
 Nays ..22. 
 
 Those voting in the affirmative are : 
 
 Messrs. Bate, Baxter, Blackburn, Branson, Brandon, Britton, 
 Brooks, Brown of Davidson, Burkett, Byrne, Campbell, Carter, 
 Chowning, Coffin, Cypert, Deaderick, Dibbrell, Finley, Fulkerson, 
 Gardner, Garner, Gaut, Gibbs, Gibson, Heiskell, Hill of Gibson, 
 Ivie, Jones of Giles, Kirkpatrick, Kyle, Mabry, McNabb, Martin, 
 Meeks, Netherland, Nicholson, Parker, Sample, Seay, Shepard, 
 Stephens, Turner and President Brown 44. 
 
 Those voting in the negative are : 
 
 Messrs. Blizard, Burton, Brown of Henry, etc., Deavenport, 
 Doherty, Dromgoole, Fentress, Fielder, Henderson, Hill of War- 
 ren, House of Williamson, House of Davidson, etc., Jones of Lin- 
 coln, Kennedy, McDougal, Morris, Porter of Haywood, Taylor, 
 Thompson of Maury, Warner, Williamson and Wright 22. 
 
 Mr. ALLEN'S amendment was rejected and Section 29 as reported 
 by the Committee was adopted by the Convention. 
 
 Mr. BURTON offered the following amendment to Section 30 : 
 After the word "State" in the first line, insert " either in the 
 
196 
 
 hands of the manufacturer or other person/' which was rejected 
 and the section as reported by the Committee was adopted. 
 
 Mr. KENNEDY offerred the following amendment to Section 31 
 by adding : 
 
 " Nor shall the bonds of the State be issued for any purpose 
 whatever, except to provide for the payment of existing debts or 
 liabilities and the interest thereon, and in this case only by authori- 
 ty of the Legislature reciting for what liability they are issued.' 7 
 
 Mr. BROWN, of Davidson, submitted the following amendment : 
 " Except by a vote of three-fourths of all the members of both 
 Houses to which they are entitled under this Constitution ; Provid- 
 ed,, that nothing herein shall be construed to impair vested rights." 
 
 Mr. BROWN, withdrew his amendment. 
 
 Mr. HOUSE, of Williamson, proposed to amend Mr. Kennedy's 
 amendment by adding the words " and except to suppress rebellion, 
 invasion or insurrection," which was accepted by Mr. Kennedy. 
 
 Mr. PORTER, of Henry, moved to strike out the words "and ex- 
 cept to suppress rebellion, invasion or insurrection." 
 
 Mr. DIBBRELL moved to lay the amendments of Mr. Kennedy 
 and Mr. Porter on the table. 
 
 Mr. HOUSE, of Williamson, demanded the yeas and nays, which 
 were ordered, and the motion to lay on the table sustained : 
 
 Yeas 46 
 
 Nays 23 
 
 Those voting in the affirmative are : 
 
 Messrs. Baxter, Branson, Britton, Brooks, Burkett, Campbell, 
 Carter, Chowning, Coffin, Cummings, Cypert, Deavenport, JDead- 
 erick, Dibbrcll, Fen tress, Finley, Fulkerson, Gardner, Gaut, Gibbs, 
 Gibson, Heiskell, Henderson, Hill of Gibson, I vie, Jones of Giles, 
 Kev, Kirkpatrick, Kyle, Mabry, McNabb, Martin, Netherland, 
 Nicholson, Parker, Porter of Hay wood, Sample, Seay, Shepard 
 Shclton, Stephens, Taylor, Thompson, of Maury, Turner, Warner 
 and Williamson 4G. 
 
 Those voting in the negative are : 
 
 Messrs. Arledge, Blizard, Brandon, Brown of Davidson, Brown 
 of Henry, etc., Burton, Doherty, Drorngoole, Fielder, Garner, Hill 
 of Warren, House of Williamson, House of Davidson, Robertson 
 and Montgomery, Jones of Lincoln, Kennedy, McDougal, Morris, 
 Meeks, Porter of Henry, Thompson of Davidson, Walters, Wright 
 and President Brown 23. 
 
197 
 
 Mr. MABRY demanded the previous question, which demand was 
 sustained,- and Section 31 was recommended by the Committee was 
 adopted. 
 
 Mr. GIBBS moved to reconsider the vote by which Section 5, Ar- 
 ticle II, was adopted. 
 
 Mr. DEAVEXPORT moved that the Convention adjourn until to- 
 morrow morning. 
 
 Mr. GARNER demanded the yeas and nays, which were ordered, 
 and the motion to adjourn lost. 
 
 Yeas 20 
 
 Nays 45 
 
 Those voting in the affirmative are : 
 
 Messrs. Arledge, Brown of Davidson, Brown of Henry, etc., 
 Campbell, Cypert, Deavenport, Dibbrell, Doherty, Gibbs, House of 
 Williamson, Jones of Giles, McDougal, Meeks, Netherland, 
 Parker, Seay, Taylor, Thompson of Maury, Walters and Wright 
 20. 
 
 Those voting in the negative are : 
 
 Messrs. Baxter, Blizard, Branson, Britton, Brooks, Burkett, Bur- 
 ton, Byrne, Carter, Chowning, Coffin, Cummings, Deaderick, 
 Dromgoole, Fentress, Fielder, Finley, Fulkorson, v Gardner, Garner, 
 Gaut, Gibson, Heiskell, Henderson, Hill of Warren, Hill of Gib- 
 son, House of Davidson, Robertson and Montgomery, Ivie, Jones 
 of Lincoln, Kennedy, Key, Kirkpatrick, Mabry, McNabb, Martin, 
 Nicholson, Porter of Hay wood, Porter of Henry, Sample, Shepard, 
 Shelton, Stephens, Thompson of Davidson, Turner and Warner 
 45. 
 
 Mr. HEISKELL moved to lay the motion to reconsider on the 
 table. 
 
 Mr. DEAVENPORT demanded the yeas and nays, which were or- 
 dered, and the motion to lay on the table sustained. 
 
 Yeas 37 
 
 Nays 30 
 
 Those voting in the affirmative are : 
 
 Messrs. Arledge, Baxter, Blizard, Brandon, Britton, Burkett, 
 Byrne, Campbell, Carter, Chowning, Coffin, Deaderick, Doherty, 
 Dromgoole, Fentress, Fielder, Gardner, Garner, Gaut, Heiskell, 
 Henderson, Hill of Gibson, House of Davidson, Robertson and 
 Montgomery, Ivie, Jones of Lincoln, Kennedy, Key, McDougal, 
 
198 
 
 Morris, Meeks, Porter of Haywood, Porter of Henry, Sample, 
 Shepard, Shelton, Stephens and Thompson of Davidson 37. 
 
 Those voting in the negative are : 
 
 Messrs. Branson, Brooks, Brown of Davidson, Brown of Henry, 
 etc., Burton, Cummings, Cypert, Deavenport, Finley, Fulkerson, 
 Gibbs, Gibson, Hill of Warren, House of Williamson, Jones of 
 Giles, Kirkpatrick, Kyle, Mabry, McNabb, Martin, Nicholson, 
 Parker, Seay, Taylor, Thompson of Maury, Turner, Walters, War- 
 ner, Wright and President Brown 30. 
 
 On motion, the Convention adjourned until to-morrow morning 
 at 9J o'clock. 
 
 TUESDAY MORNING, FEBRUARY 1, 1870. 
 
 The Convention met pursuant to rdjournment, Mr. President 
 BROWN in the Chair. 
 
 Prayer by the Rev. Dr. YOUNG. 
 
 The Journal of yesterday was read and approved. 
 
 4 
 
 MEMOKIALS AND PETITIONS. 
 
 Mr. DOHERTY submitted a memorial from sundry citizens of 
 Benton, Decatur, Henderson and Carroll Counties, praying the 
 creation of a new county out of portions of said counties, which, 
 without being read, was referred to the Committee on New Counties 
 and County Lines. 
 
 Mr. DOHERTY presented a memorial from a large number of cit- 
 izens, praying that the Constitution be amended so as to give towns 
 and civil districts the right to prevent the sale or manufacture of 
 spirits within their limits, which was referred to the Committee on 
 Miscellaneous Provisions. 
 
199 
 
 Mr. GIBBS presented a memorial from a large number of citizens 
 of the counties of Gibson, Obion, Dyer and Weakley, praying the 
 creation of a new county out of portions of said counties, which, 
 without being read, was referred to the Committee on New Coun- 
 ties and County Lines. 
 
 Mr. JONES, of Lincoln, submitted a memorial from citizens of 
 Lincoln, Franklin and Bedford Counties, praying the creation of a 
 new county out of portions of said counties, which, without being 
 read, was referred to the Committee on New Counties and County 
 Lines. 
 
 ORDINANCES PROPOSED. 
 
 Mr. TURNER submitted the following ordinance : 
 
 Resolvedj That it shall be the duty of the several officers of this 
 State, authorized by Jaw to hold elections for members of the Gen- 
 eral Assembly and other officers, to open and hold an election at 
 the places of holding elections for members of the General As- 
 sembly and other officers, in their respective counties, on the first 
 Saturday in March, 1870, for the purpose of receiving the votes of 
 such qualified voters as may desire to vote for the adoption or re- 
 jection of this amended Constitution; Provided, That the qualifi- 
 cations of voters in this election shall be the same as that required 
 in the election of delegates to this Convention. 
 
 2. That it shall be the duty of said returning officers in 
 each county in this State, to prepare poll-books, which shall be 
 opened on said day of election, and in which shall be enrolled the 
 name of each voter by the assistance of the clerks, who shall be ap- 
 pointed and sworn as clerks in other elections. Said officers shall 
 prepare a ballot-box, in which shall be placed the ticket of each 
 voter. Each ticket shall have written or printed thereon the words 
 " I ratify the new Constitution," or if the voter is opposed to it, 
 "I reject the new Constitution," or the words "ratification" or 
 u rejection," or some such words as will distinctly convey the inten- 
 tion of the voter. 
 
 The election shall be held, and the Judges and Clerks shall be 
 appointed as in the case ot election of members of the General As- 
 sembly, and it shall be conducted in all respects as in cases of said 
 election of members of the General Assembly. It shall be the duty 
 of the returning officer, in presence of the inspectors, to count the 
 votes given for the ratification or rejection of the Constitution, of 
 which they shall keep a true and correct estimate in said poll- 
 book. 
 
 The returning officers shall deposit the original poll-books of 
 said election with the Clerks of the County Court in their respec- 
 tive counties, and shall, within five days after said election, make. 
 
200 
 
 out duplicate statements of the number of votes in their respective 
 counties for ratifying and rejecting the Constitution, and shall for- 
 ward by mail one of said certificates to the Governor, and one to the 
 Secretary of State. 
 
 It shall be the duty of said several County Court Clerks carefully 
 to examine the said poll-books, and forthwith to certify to the Sec- 
 retary of State, a full, true and perfect statement of the number of 
 votes taken for and against the Constitution, as appears from the 
 poll-books in their offices. 
 
 Should said returning officers, or any of them, fail to make re- 
 turns in due time, as above directed, the Secretary of State shall 
 then be authorized to dispatch a special messenger for the purpose 
 of obtaining a certified copy of the result of said" election. 
 
 3. That upon the receipt of said returns, it shall be the duty 
 of the Governor, Secretary of State, and the President of this 
 Convention, or any two of said officers, to compare the votes 
 
 iven in said election for the ratification or rejection of the amended 
 onstitution ; and if it shall appear from said returns, that a major- 
 ity of all the votes given in said election is for ratifying the 
 amended Constitution, then it shall be the duty of the Governor 
 forthwith to make proclamation of that fact, and thenceforth the 
 amended Constitution shall be ordained and established as the Con- 
 stitution of Tennessee. 
 
 That the Governor of the State is requested to issue his procla- 
 mation as to this election on the first Saturday of March, 1870, for 
 the ratification or rejection of this amended Constitution. 
 
 Which was read and referred to the Committee on Elections. 
 
 SUBMISSION OF THE CONSTITUTION TO THE PEOPLE. 
 
 Mr. HEISKELL offered the following resolution : 
 Resolved, That it is the sense of this 'Convention that the Con- 
 stitution be submitted to the people at the March elections. 
 
 On motion of Mr. HEISKELL, the rules were suspended, and the 
 resolution taken up ; whereupon, 
 
 Mr. DAVENPORT submitted the following in lieu of Mr. Heis- 
 kell's : 
 
 Resolved, That an election shall be held throughout the State, on 
 the first Saturday in April, 1870, to elect Circuit and;County Court 
 Clerks and Justices of the Peace, and at the same time an election 
 shall be held for the ratification or rejection of this Constitution. 
 
 Mr. DEAVENPORT subsequently withdrew his amendment. 
 Mr. BAXTER moved to lay the resolution of Mr. Heiskell on the 
 table. 
 
201 
 
 Mr, CAUSER demanded the y<- : ;s ar.d nays, which were ordered, 
 and the motion to lay on the table sustained. 
 
 Yeas 37 
 
 Nays - 3(3 
 
 Those voting in the affirmative are : 
 
 Messrs. Arlcdge, Baxter, Blizard, Branson, Britton, Brooks, 
 Brown of Davidson, Brown of Henry, ete., Carter, Cimmmigs, 
 ( Ypert, Deaderick, Doherty, Dromgoole, Fentress, Finley, Fulki-r- 
 bon, Gardner, Gibbs, Gibson, Henderson, Hill of Gibson, Jones of 
 Lincoln, Jones of Giles, Key, Kirkpatriek, McNabb, Martin, -Par- 
 ker, Porter of Henry, Sample, Shepard, Staley, Taylor, Walters, 
 AVarner and Williamson 37. 
 
 Those voting in the negative are : 
 
 Messrs. Allen, Bate, Blackburn, Brandon, Burkett, Burton, Byrne, 
 Campbell, Chowning, Coffin, Deavenport, Dibbrell, Fielder, Gar- 
 ner, Gaut, Heiskell, Hill of Warren, House of Williamson, House 
 of Davidson. Robertson, and Montgomery, Ivie, Kennedy, Kyle, 
 Mabry, McDouga), Morris, Meeks, Netherland, Nicholson, Porter of 
 Hay wood, Seay, Shelton, Stephens, Thompson of Maury, Turner, 
 Wright and President Brown 36. 
 
 Mr. CYPERT moved to reconsider the vote laying the resolution 
 on the table. 
 
 Mr. GARNER demanded the yeas and nays, which were ordered, 
 and the motion to reconsider sustained. 
 
 Yeas <>8 
 
 Nays ^ 
 
 Those voting in the affirmative are : 
 
 Messrs. Allen, Bate, Brandon, Brooks, Burkett, Burton, Byrne, 
 Campbell, Chowning, Coffin, Cypert, Deavenport, Dibbrell, Fielder, 
 Garner, Gaut, Heiskell, Hill of Warren, House of Williamson, 
 House of Davidson, Robertson and Montgomery, Ivie, Kennedy, 
 Key, Kyle, Mabry, McDougal, Meeks, Morris, Netherland, Nichol- 
 son, Porter of Henry, Seay, Shelton, Stephens, Thompson of Maury, 
 Turner, Wright and President Brown $8. 
 
 Those voting in the negative are : 
 
 Messrs. Arledge, Baxter, Blackburn, Blizard, Branson, Britton, 
 Brown of Davidson, Brown of Henry, etc., Carter, Cummings, 
 Deaderick, Doherty, Dromgoole, Fentress, Finley, Fulkerson, Gard- 
 ner, Gibbs, Gibson, Henderson, Hill of Gibson, Jones of Lincoln 
 Jones of Giles, Kirkpatriek, McNabb, Martin, Parker, Porter of 
 Haywood, Sample, Shepard, Staley, Taylor, Walters, Warner and 
 Williamson 35. 
 
202 
 
 The question recurring on the adoption of Mr. HeiskelPs resolu- 
 tion, Mr. GARDNER offered the following in lieu : 
 
 Resolved, That the Legislature now in session is hereby requested, 
 with as little delay as possible, to pass a law changing the time of 
 holding the election for county officers, from the first to the fourth 
 Saturday in March next, to afford time to this Convention to finish 
 its labors, and submit the result to the people for ratification or re- 
 jection, at said election of county officers. 
 
 On motion of Mr. HOUSE, of Williamson, the resolution and the 
 resolution in lieu, were referred to the Committee on Elections. 
 
 IMPEACHMENT OF JUDGE FRAZIER. 
 
 Mr. BAXTER, from the Select Committee on Impeachment and 
 the case of Judge Thos. N. Frazier, made the following report : 
 
 MR. PRESIDENT : The Select Committee charged with the duty 
 of inquiring what action, if any, is proper to be taken by this Con- 
 vention to relieve persons impeached from the penalties imposed, 
 with instructions to report whether any action is necessary in refer- 
 ence to the case of the Hon. Thomas N, Frazier, have instructed 
 me to make the following report : 
 
 REPORT. 
 
 "That the General Assembly having adjourned from May to 
 November, 1866, the Governor, by proclamation, summoned the 
 members thereof to meet in extraordinary session on the inter- 
 vening 4th of July. Under this call, a part of the members of 
 that body, less than a quorum, assembled on the day appointed, in 
 the Capitol, for the purpose of organizing as an Assembly, and pro- 
 ceeding in the discharge of their legislative duties. The members 
 thus assembled in the House, finding themselves without a quorum, 
 undertook to force the attendance of absent members, and by reso- 
 lution authorized and directed their Speaker to issue his warrant, 
 commanding the Sergeant-at-Arms to arrest and bring them before 
 the House, ' to answer for their conduct and contempt of the 
 House.' In obedience to and under the authority of this resolu- 
 tion, a warrant was issued for the arrest of Peasant Williams, a 
 member of the House. Armed with this assumed authority, the 
 Sergeant-at-Arms proceeded to arrest Mr. Williams, at his residence 
 in Carter County, forced him to Nashville, and held him for several 
 days a prisoner in one of the rooms ot the Capitol. While thus 
 held as a prisoner, Mr. Williams, through counsel, applied to Judge 
 Frazier for a writ of habeas corpus. The writ, as a matter of 
 course, was granted, duly served and returned for hearing,, the ques- 
 
203 
 
 tions of law and fact involved in the case were argued by able coun- 
 sel, for and against the application, and after due consideration his 
 Honor was of opinion that the petitioner, Williams, was illegally 
 restrained of his liberty and ordered his release. 
 
 It was for this act Judge Frazier was impeached : the articles 
 charging his judgment was erroneous, and pronounced with the 
 corrupt intent of hindering the organization and invading the privi- 
 leges of the House; and upon these charges he was arraigned, tried 
 and convicted, removed from his office and disqualified from ever 
 afterwards holding any office under the authority of this State, 
 
 The arrest and imprisonment of Mr. Williams proceeded from a 
 misapprehension of the constitutional power of the House in the 
 premises. The only clause in the Constitution of Tennessee (Ar- 
 ticle H, Section 11,) relating to this question-, is in the following 
 words : ' Two-thirds of each House shall constitute a quorum to do 
 business, but a smaller number may adjourn from day to day, and 
 may be authorized by law to compel the attendance of absent mem- 
 bers.' But this provision does not authorize a minority or less than 
 a quorum of either House of the General Assembly, in the absence 
 of legislation upon the subject, to enforce the attendance of absent 
 members. Such was not the intention of the framers of our Con- 
 stitution, but their purpose was, as the language used by them clear- 
 ly imports, to authorize the Legislature to provide by law for such 
 a contingency. Upon this point there was no diversity of opinion 
 until the impeachment of Judge Frazier. Mr. Gushing, a writer 
 of acknowledged ability upon ' The Elements of the Law and Prac- 
 tice of Legislative Assemblies/ Section 257, commenting on this 
 clause of our Constitution, says : 
 
 ' Clauses of this description authorize ^the Legislatures of the 
 States in which they prevail, to provide by law, that such Legisla- 
 tive Assembly, though containing less than a quorum, may compel 
 the attendance of its members ; and this authority may as well be 
 exercised so as to relate to the first assembling, as after " the consti- 
 tution of the first Assembly. When this is the case, if the requis- 
 ite number do not appear, those who do, may of course, resort to 
 the measures provided by law, to compel the attendance of absent 
 members.' r ' 
 
 In the absence, therefore, of the legislation contemplated by the 
 clause of our Constitution recited above, and there was none,, au- 
 thorizing the arrest and imprisonment of members for non-attend- 
 ance, the action against Mr. Williams was unathorized and illegal. 
 Having no authority themselves, the members assembled could com- 
 municate none to their Sergeant-at-arms ; and being illegally re- 
 strained of his liberty, it was a plain and impeartive duty imposed 
 by law upon Judge Frazier, upon Williams' application made in 
 pursuance of law, to issue the writ of habeas corpus prayed for. 
 
204 
 
 A refusal to have done so under the circumstances of the case, would 
 have been a gross Hireliction of duty, and subjected Judge Frazier 
 to heavy pecuniary damages. So the Convention will perceive that 
 in the judgment of your Committee Judge Frazier w T as impeached 
 at a period of high party excitement, convicted and punished., not 
 for any abuse of his judicial powers, but for a manly, hont-st, correct 
 and enlightened administration of the law, and in consequence, 
 there is a strong obligation resting upon this Convention, to relieve 
 Judge Frazier of the disabilities imposed by said conviction and 
 judgment, if he has not been already relieved by the action recently 
 taken by the General Assembly in his behalf. 
 
 A majority of your Committee, however, believe that the Legis- 
 lature possesses the constitutional power to remove disabilities im- 
 posed by the judgment of a court of impeachment, and that its ac- 
 tion recently taken in regard to Judge Frazier's case is effective to 
 .restore him to all the rights and immunities which he possessed 
 prior to his conviction. 
 
 But as this power is not expressly given by the existing Consti- 
 tution, and as there is some conflict of opinion on this point, the 
 committee have directed me to present the following amendment, 
 and recommend its adoption as a part of the Constitution to be framed 
 by this Convention, and submitted to the people for their ratifica- 
 tion : 
 
 Insert as an additional section of the 5th Article the following : 
 
 " See. 5. The Legislature now has, and shall continue to have 
 power to relieve from the penalties imposed, any person disqualified 
 from holding office by the judgment ot a Court of , Impeachment." 
 Respectfully submitted, 
 
 JOHN BAXTER, Chairman. 
 
 On motion of Mr. HOUSE, of Williamson, the proposed amend- 
 ment of the Committee was adopted. as Section 5, of Article V, of 
 the Constitution. 
 
 On motion of Mr. HOUSE, of Williamson, it was ordered that 100 
 copies of the report be printed for the use of the Convention. 
 
 THE JUDICIARY. 
 
 The Convention proceeded to the consideration of the special 
 order of the day, the resolutions of Mr. NICHOLSON, relative to the 
 Judiciary. 
 
 Resolution No. L " It is the judgment of the Convention that 
 the offices now held by the Supreme Judges, Chancellors, Circuit 
 Judge, Criminal Judges, Attorney-General, and Reporter for the 
 State and District Attorneys, shall be vacated after the ratification 
 
205 
 
 by the people of the amended Constitution, at such time as may be 
 therein prescribed," 
 
 Was, under the operation of the previous question, adopted. 
 
 Mr. ( 1 ypi;iiT demanded the yeas and nays, which were ordered, 
 resulting as follows : 
 
 Yeas.. 55 
 
 Nays 16 
 
 Those voting in the affirmative are : 
 
 Messrs. Allen, Arledge, Baxter, Blizard, Brandon, Britton, 
 Brooks, Brown of Henry, etc., Burkett, Burton, Byrne, Campbell, 
 Carter, Chowning, Cummings, Deaderick, Deavenport, Doherty, 
 Dromgoole, Fentress, Fielder, Fulkerson, Gardner, Garner, Gaut, 
 Gibbs, Heiskell, Henderson, Hill of Warren, Hill of Gibson, Ivie, 
 Jones of Lincoln, Jones of Giles, Kennedy, Kirkpatrick, Kyle, 
 McDougal, McNabb, Martin, Morris, Meeks, Netherland, Nichol- 
 son, Porter of Henry, Seay, Shepard, Shelton, Stephens, Taylor, 
 Thompson of Maury, Turner, Walters, Warner, Williamson and 
 Wright 55, 
 
 Those voting in the negative are : 
 
 Messrs. Blackburn, Branson, Brown of Davidson, Coffin, Cypert, 
 Dibbrcll, Finley, Gibson, House of Williamson, House of David- 
 son, Roberston, and Montgomery, Key, Mabry, Parker, Porter of 
 Hay wood, Sample, and Staley 16. 
 
 Resolution No. 2. " It is the judgment of this Convention that 
 the Supreme Judges, Chancellors, Circuit Judges, Criminal Judges, 
 Attorney and Reporter for the State, and the States Attorneys for 
 the District, be appointed by the Governor, by and with the advice 
 and consent of the Senate." 
 
 Mr. KIKKPAIKKJK offered the following in lieu of resolution 
 No. 2 : 
 
 It is the judgment of this Convention that the Supreme Judges 
 with the Attorney General and Reporter for the State, be elected by 
 the qualified voters of the State at large ; and that the Chancellors, 
 Criminal and Circuit Judges, and District Attorneys-General, be 
 elected by the qualified voters of their respective districts or cir- 
 cuits. 
 
 Mr. GIBSON offered the following amendment to Mr. Kirk- 
 patriek's resolution in lieu.: 
 
 Add: "And that no Delegate in this Convention shnll be eligible 
 i'> Till any of the vacancies created by the new Constitution. " 
 
 Mr. STEPHENS moved to lay the amendment of Mr. Gib. on on 
 the table. 
 
206 
 
 Mr. GIBSON demanded the yeas and nays, which were ordered ? 
 and the motion to lay on the table sustained. 
 
 Yeas 61 
 
 Nays , .11 
 
 Those voting in the affiative are : 
 
 Messrs. Allen, Arledge, Baxter, Blizard, Britton, Brooks, Brown 
 of Henry, etc., Burkett, Burton, Byrne, Campbell. Carter, Chown- 
 ing, Coffin, Cummings, Deaderick, Deavenport, Dibbrell, Drom- 
 goole, Fentress, Fielder, Gardner, Garner, Gaut, Gibbs, Heiskell, 
 Henderson, Hill of Warren, Hill of Gibson, House of Williamson, 
 House of Davidson, Robertson and Montgomery, Ivie, Jones of 
 Lincoln, Jones of Giles, Kennedy, Key, Kirkpatrick, Kyle, Mabry, 
 McDougal, McNabb, Martin, Morris, Meeks, Netherland, Nichol- 
 son, Porter of Hay wood, Porter of Henry, Seay, Shepard, Shelton, 
 Stephens, Taylor, Thompson of Maury, Turner, Walters, Warner, 
 Williamson, Wright and President Brown 61. 
 
 Those voting in the negative are : 
 
 Messrs. Blackburn, Brandon, Branson, Brown of Davidson, 
 Cypert, Doherty, Finley, Gibson, Parker, Sample and Staley 11. 
 
 Mr. ALLEN moved to lay the resolution of Mr. Kirkpatrick on 
 the table, and demanded the yeas and nays, which were ordered, 
 and the motion to lay on the table rejected. 
 
 Yeas.... 19 
 
 Nays . ..50 
 
 Those voting in the affirmative are : 
 
 Messrs. Allen, Baxter, Brown of Davidson, Campbell, Carter, 
 Heiskell, House of Williamson, House ot Davidson, Robertson and 
 Montgomery, Ivie, Jones of Giles, Kennedy, Kyle, Netherland, 
 Nicholson, Porter of Haywood, Shelton, Staley, Stephens, Thomp- 
 son of Maury, and Turner 1$. 
 
 Those voting in the negative are : 
 
 Messrs. Arledge, Blackburn, Blizard, Branson, Brandon, Britton, 
 Brooks, Brown of Henry, etc., Burkett, Benton, Byrne, Chowning, 
 Coffin, Cummings, Cypert, Deaderick, Deavenport, Dibbrell, 
 Doherty, Dromgoole, Fielder, Finley, Fulkerson, Gardner, Garner, 
 Gaut, Gibbs, Gibson, Henderson, Hill of Warren, Hill of Gibson, 
 Jones of Lincoln, Key, Kirkpatrick, Mabry, McDougal, McNabb, 
 Martin, Morris, Meeks, Parker, Porter of Henry, Sample, Seay, 
 Shepard, Taylor, Walters, Warner, Williamson and Wright 50. 
 
 The Convention took a recess until 2J o'clock. 
 
207 
 
 AFTERNOON SESSION. 
 
 Mr. JONES of Giles, offered the following in lieu of Mr. Kirk- 
 pat rick's resolution : x 
 
 It is the judgment of the Convention that the Judges of the Su- 
 preme Court, Chancellors, Circuit Judges, Criminal Judges, Attor- 
 ney and Reporter for the State, and the State's Attorneys for the 
 district, be appointed by the Legislature, in joint convention 
 assembled. 
 
 On motion of Mr. GARNER, the amendment was laid on the table. 
 
 Mr. BROWN, of Davidson, offered the following amendment in 
 lieu of Mr. Kirkpatrick's : 
 
 Resolved, That the Supreme Judges shall be appointed by the 
 Governor, by and with the advice and consent of the Senate, but 
 the Chancellors, Circuit Judges, Criminal Judges, Attorney and 
 Reporter of the State, and State's Attorneys of the district, shall be 
 elected by the qualified voters as now provided. 
 
 Which was rejected by the Convention. 
 
 Mr. THOMPSON, of Davidson, submitted the following in lieu of 
 Mr. Kirkpatrick's resolution : 
 
 It is the judgment of the Convention that the Supreme Judges 
 should be appointed by the Governor and confirmed by two-thirds 
 of the entire Senate; that the Attorney General and Reporter 
 should be selected from the bar and appointed by the Judges of the 
 Supreme Court ; and that the Chancellors, Circuit Judges, Judges 
 of Criminal Courts, and District Attorneys General, be elected by 
 the qualified voters of their respective districts or circuits. 
 
 Mr. DEAVENPORT moved to lay the amendment of Mr. Thomp- 
 son on the table. 
 
 Mr. KENNEDY demanded the yeas and nays, which were ordered 
 and the motion to lay on the table sustained : 
 
 Yeas : ...46 
 
 Nays 21 
 
 Those voting in the affirmative are : 
 
 Messrs. Allen, Baxter, Blizard, Branson, Brandon, Britton, 
 Brooks, Brown of Henry, etc., Burton, Chowning, Coffin, Cum- 
 mings, Cypert, Deaderick, Deavenport, Dibbrell, Doherty, Drom- 
 goole, Fentress, Fielder, Gardner, Garner, Gaut, Gibbs, Gibson, Hill 
 
208 
 
 of Warren, Hill of Gibson, Jones of Lincoln, Kirkpatrick, Kyle, 
 McDougal, McNabb, Martin, Morris, Meeks, Parker, Porter of 
 Henry, Sample, Seay, Shepard, Taylor, Turner, Walters, Warner, 
 Williamson and Wright 46. 
 
 Those voting in the negative are : 
 
 Messrs. Blackburn, Brown of Davidson, Byrne> Carter, Gordon, 
 Heiskell, Henderson, House of Williamson, House of Davidson, 
 etc., Jones of Giles, Kennedy, Key, Netherland, Nicholson, Porter 
 of Haywood, Shelton, Staley, Stephens, Thompson of Davidson 
 and Thompson of Maury 21, 
 
 Mr. KIRKPATRICK'S resolution was then adopted in lieu of reso- 
 lution No. 2, of Mr. Nicholson, by the following vote : 
 
 Yeas 49 
 
 Nays 23 
 
 Those voting in the affirmative are :/ 
 
 Messrs. Arledge, Blizard, Brandon, Branson, Britton, Brooks, 
 Brown of Henry, etc., Burkett, Burton, Byrne, Chowning, Coffin, 
 Cummings,. Cypert, Deavenport, Dibbrell, Doherty, Dromgoole, 
 Fentress, Fielder, Finley, Fulkerson, Gardner, Garner, Gaut, Gibbs, 
 Gibson, Henderson, Hill of Warren, Hill of Gibson, Jones of Lin- 
 coln. Key, Kirpatrick, Mabry, McDougal, McNabb, Martin, Meeks, 
 Morris, Parker, Porter of Henry, Sample, Seay, Shepard, Taylor, 
 Walters, W r arner, Williamson and Wright 4&.. 
 
 Those voting in the negative are : 
 
 Messrs,. Allen, Bate, Baxter, Brown of Davidson, Campbell, Car- 
 ter, Gordon, Heiskell, House of Williamson, House of Davidson, 
 etc., Ivie, Jones of Giles, Kennedy, Kyle, Netherland, Nicholson, 
 Porter of Haywood, Shelton, Staley, Stephens, Thompson of David- 
 son,^ of Maury and Turner 23. 
 
 Mr. BURTON submitted the following resolution : 
 Resolved, That the Legislature shall so provide that but two 
 terms of the Circuit Court shall be held in any county in each year, 
 and shall further provide that every cause shall stand for trial at 
 the tirst term. 
 
 Mr. BLIZARD moved to lay the resolution on the table. The 
 yeas and nays were ordered and the motion to lay on the table sus- 
 tained : 
 
 Yeas 59 
 
 Nays 11 
 
 Those voting in the affirmative are : 
 
 Messrs. Baxter, Blizard, Brandon, Branson, Britton, Brown < \ 
 Davidson, Burkett, Carter, Chowning, Coffin, Cummings, Cypert, 
 
209 
 
 IVaderick, Doherty, Dromgoole, Fentress, Fielder, Finley, Fulker- 
 son, Garner, Gaut, Gibbs, Gibson, Gordon, Heiskell, Henderson, 
 Hill of Warren, Hill of Gibson, House of Williamson, House of 
 Davidson, etc., Ivie, Jones of Lincoln, Jones of Giles, Kennedy, 
 Key, Kirkpatrick, Kyle, Mabry, McDougal, McNabb, Martin, 
 Meeks, Morris, Netherland, Nicholson, Parker, Porter of Hay wood, 
 Sample, Seay, Shepard, Shelton, Staley, Stephens, Taylor, Thomp- 
 son of Maury, Turner, Walters, Warner and Williamson 59. 
 
 Those voting in the negative are : 
 
 Messrs. Brooks, Brown of Henry, etc., Burton, Byrne, Campbell, 
 Dibbrell, Gardner, Porter of Henry, Thompson of Davidson, Wright 
 and President Brown 11. 
 
 On motion of Mr. NICHOLSON the further consideration of the 
 resolutions submitted by him, was postponed, and the Convention 
 proceeded to the consideration of the 
 
 EEPOET OF COMMITTEE ON THE JUDICIARY. 
 
 Mr. HILL, of Gibson, offered the substitute presented by him on 
 a former day in lieu of the report of the majority of the Committee : 
 
 Mr. BURTON offered the following amendment : 
 
 The Supreme Court shall be composed of five Judges to be chos- 
 en as follows : 
 
 One shall be elected by the qualified voters of each of the thre^e 
 Grand Divisions of the State, and the remaining two shall be nom- 
 inated by the Governor from the State at large and confirmed by 
 the Senate. 
 
 On motion of Mr. DEAVENPORT the amendment was laid on the 
 table. 
 
 Mr. STEPHENS submitted the following amendment : 
 
 Strike out from Section 13, of Article VI, all of the first four 
 lines except the word " clerks" at the end of fourth line and insert 
 in lieu thereof: Clerks of the Supreme Court shall be elected for 
 the term of six years, by the qualified voters of the Division ; and 
 Clerks and Masters of the Chancery Court shall be elected for the 
 term of six years by the qualified voters of the County or District. 
 
 Which was adopted by the Convention. 
 
 On motion of Mr. THOMPSON, of Davidson, the Convention ad- 
 journed until to-morrow morning at 9J o'clock. 
 14 
 
210 
 
 WEDNESDAY MORNING FEBRUARY 2, 1870. 
 
 The Convention met pursuant to adjournment, Mr. President 
 BROWN in the Chair. 
 
 Prayer by the Rev. Dr. BAIRD. 
 
 The Journal of yesterday was read and approved. 
 
 AMENDMENTS '.PROPOSED. 
 
 Mr. BLACKBURN presented the following amendment to the Con- 
 stitution : 
 
 WHEREAS, There cannot be made any law as a part of the fun- 
 damental law of this State outside of the Constitution of the United 
 States ; Therefore, be it resolved, That this Convention will studious- 
 ly observe the same and avoid the making, or passage, of any law 
 infringing on said Constitution of the United States, and that the 
 following be made a part of the Constitution of Tennessee : 
 
 Section 1. That this State shall not make, nor enforce, any law, 
 which shall abridge the privileges, or immunities, of any of its citi- 
 zens, nor shall any law be made which shall deprive any person of 
 life, liberty or property without due process of law. Nor deny to 
 any person within its jurisdiction, the equal protection of the laws. 
 
 Sec. 2. That when the right to vote at any election for the choice 
 of electors for President and Vice President of the United States, 
 Representatives in Congress, the Executive and Judicial officers of 
 the State, or the members of the Legislature thereof, is denied to 
 any of the male inhabitants of this State, being twenty-one years 
 of age and citizens of the United States, or in any way abridged, 
 the basis of representation shall be reduced in the proportion which 
 the number of such male citizens shall bear to the whole number of 
 male citizens, twenty-one years of age in this State. 
 
 Sec. 3. No person shall be eligible as a Senator or Representative 
 in Congress or elector of President and Vice President, or hold any 
 office, civil or military under this State, who, having previously 
 taken an oath as a member of Congress or as an officer of the 
 United States, or as a member of the State Legislature, or as an 
 Executive or Judicial officer of the State, shall have engaged in in- 
 surrection or rebellion against the same, or given aid or comfort to 
 the enemies thereof. Unless such person shall first have his disa- 
 bilities removed as required in the 3d Section, of the 14th Amend- 
 ment to the Constitution of the United States. 
 
211 
 
 Sec. 4. The validity of the National debt, authorised by law, in- 
 cluding debts incurred for the payment of pensions and bounties in 
 suppressing insurrection or rebellion shall not be questioned. But, 
 this State shall not assume, or pay, any debt, or obligation incurred 
 in aid of insurrection or rebellion against the Government of the 
 United States, or any claim for the emancipation of any slave, bat 
 all such debts, obligations and claims shall be held illegal and void. 
 
 Sec. 5. That the right to vote and hold office by any citizen of 
 this State shall not be denied or abridged by any law of this State 
 on account of race or color, or previous condition of servitude. 
 
 Sec. 6. That the Legislature shall have power to enforce all the 
 above laws and parts thereof, by appropriate legislation. 
 
 Which were read and referred to the Committee on Miscellaneous 
 Provisions. 
 
 MEMORIALS. 
 
 Mr. BROWN, of Henry, etc., presented a memorial from citizens 
 of Henry, Carroll and Weakley counties, praying the creation of a 
 new County out of portions of said counties, which, without being 
 read was referred to the Committee on New Counties and County 
 Lines. 
 
 Mr. STEPHENS presented a memorial from citizens of Marion 
 County, praying to be attached to the County of Grundy, which, 
 without being read, was referred to the Committee on New Counties 
 and County Lines. 
 
 Mr. KEY presented a memorial from citizens of Roane, Monroe 
 and Blount counties, praying for the establishment of a new county 
 out of portions of said counties, which, without being read, was re- 
 ferred to the Committee on New Counties and County Lines. 
 
 REPORT OF COMMITTEE ON ELECTIONS. 
 
 Mr. NICHOLSON from the Committee on Elections made the fol- 
 lowing report : 
 
 The Committee on Elections and Right of Suffrage have had 
 under consideration the resolutions of Mr. Heiskell and Mr. Gard- 
 ner, as to the time when the amended Constitution shall be sub- 
 mitted to the people for their ratification or rejection, and have 
 directed me to recommend the adoption of Mr. Gardner's resolution 
 as follows : 
 
 " Resolved, That the Legislature now in session is hereby request- 
 
212 
 
 eel, with as little delay as possible, to pass a law changing the time 
 of holding the election for county officers, from the first to the fourth 
 Saturday in- March next, to afford time to this Convention to finish 
 its labors, and submit the result to the people for ratification or re- 
 jection, at said election of County officers. 
 
 The Committee have also considered the resolution of Mr. Wright, 
 as to the expediency of declaring all civil officers (except those held 
 by the Governor and Legislature) vacant upon the ratification of 
 the amended Constitution, and have instructed me to recommend 
 that the offices held by Justices of the Peace be declared vacant 
 upon the ratification of the amended Constitution. 
 
 The Committee instruct me to ask to be discharged from the other 
 portions of the resolution. 
 
 All of which is respectfully submitted, 
 
 A. O. P. NICHOLSON, 
 
 Chairman. 
 
 EEPOET CONSIDEEED. 
 
 On motion of Mr. GAENEE the rules were suspended and the 
 report of the Committee taken up, when Mr. Garner offered the re- 
 solution of Mr. Turner, to submit the Constitution to a vote of the 
 people on the first Saturday in March next, in lieu of the resolution 
 recommended by the Committee. 
 
 Mr. DEAVENPOET demanded the yeas and nays, which were or- 
 dered and the substitute offered by Mr. Garner was rejected: 
 
 Yeas 14 
 
 Kays 56 
 
 Those voting in the affirmative are : 
 
 Messrs. Allen, Blizard, Burkett, Byrne, Dibbrell, Doherty, Gar- 
 ner, Hill of Warren, Hbuse of Montgomery, etc., Kirkpatrick, 
 Porter of Henry, Shelton, Thompson of Maury, and Turner 14, 
 
 Those voting in the negative are : 
 
 Messrs. Arledge, Bate, Baxter, Blackburn, Branson, Brandon, 
 Britton, Brooks, Brown of Davidson, Brown of Henry, etc., Bur- 
 ton, Campbell, Carter, Coffin, Cummings, Cypert, Deaderick, Deav- 
 enport, Dromgoole, Fentress, Fielder, Finley, Fulkerson, Gardner, 
 Gaut, Gibbs, Gibson, Gordon, Henderson, Hill of Gibson, House 
 of Williamson, Ivie, Jones of Lincoln, Jones of Giles, Kennedy, 
 Key, Kyle, Mabry, McDougal, McNabb, Martin, Morris, Meeks, 
 Netherland, Nicholson, Parker, Porter of Haywood, Sample, Seay, 
 Shepard, Staley, Stephens, Taylor, Thompson of Davidson, Walters, 
 Warner, Williamson and Wright 56. 
 
213 
 
 The resolution recommended by the Committee was then 
 adopted. 
 
 Mr. GIBSON demanded the yeas and nays, which were ordered, 
 and resulted as follows : 
 
 Yeas 48 
 
 Nays 24 
 
 Those voting in the affirmative are : 
 
 Messrs. Ar ledge, Bate, Baxter, Brandon, Brooks, Brown of Da- 
 vidson, Brown of Henry, etc., Burkett, Burton, Campbell, Chown- 
 ing, Coffin, Cummings, Cypert, Deavenport, Dibbrell, Doherty, 
 Dromgoole, Fielder, Gardner, Garner, Gaut, Gordon, Henderson, 
 Hill of Gibson, House of Williamson, Ivie, Jones of Lincoln, 
 Jones of Giles, Kennedy, Key, Kyle, Mabry, McDougal, McNabb, 
 Martin, Meeks, Morris, Netherland, Nicholson, Sample, Seay, Tay- 
 lor, Thompson of Davidson, Thompson of Maury, Turner, Walt- 
 ers, Williamson, and Wright 48. 
 
 Those voting in the negative are : 
 
 Messrs. Allen, Blizard, Branson, Britton, Byrne, Carter, Dead- 
 erick, Fentress, Finley, Fulkerson, Gibbs, Gibson, Heiskell, Hill 
 of Warren, House of Montgomery, etc., Kirkpatrick, Parker, 
 Porter of Haywood, Porter of Henry, Shepard, Shelton, Staley, 
 Stephens, and Warner 24. 
 
 On motion of Mr. NICHOLSON, the remainder of the report of 
 the Committee was laid on the table. 
 
 REPORT ON JUDICIARY FURTHER CONSIDERED. 
 
 The Convention proceeded to the consideration of the unfinished 
 business of yesterday the Report of the Committee on the Judi- 
 ciary. 
 
 Mr. BRITTON submitted the following preamble and resolution : 
 
 WHEREAS, It is the expressed judgment of this Convention to 
 remove the present incumbents in the judiciary department at some 
 time to be agreed upon in this Constitution ; and 
 
 WHEREAS, It is also the judgment of the Convention to retain 
 in the Constitution the right of the people to elect the Judiciary ; 
 and 
 
 WHEREAS, Such expressed judgment is more in accordance with 
 the present Constitution than either the majority or minority reports, 
 or any substitute ; therefore, 
 
 Resolved, That the Convention will pass over informally the 
 majority and minority reports, and take up Articles V and VI as 
 they stand in our present Constitution, and read them section by 
 
214 
 
 section and amend them so as to conform to the heretofore ex- 
 pressed judgment of the Convention. 
 
 Which lies over under the rule. 
 
 THE MAJORITY REPORT. 
 
 Mr. BROWN, of Davidson, submitted the following resolution : 
 
 Resolved, That the Convention proceed to consider the majority 
 report of the Judiciary Committee section by section, and when the 
 same is perfected it shall be in order to oifer any amendment in 
 lieu of the whole. 
 
 Which was adopted by the Convention. 
 
 Section 1 of Article II, as reported by the majority of the Com- 
 mittee, was adopted by the Convention. 
 
 Mr. GAUT proposed to amend Section 2 by striking out the words 
 in italics and inserting " the senior Judge of the Supreme Court, or 
 if he be on trial, the senior of the two remaining Judges shall pre- 
 side over them." 
 
 Mr. GAUT subsequently withdrew his amendment. 
 
 Section 2, as recommended by the majority of the Committee, 
 was then adopted by the Convention. 
 
 Section 3 was adopted without amendment. 
 
 Section 4 was amended by inserting after the word State in second 
 line, the words " Comptroller, Treasurer," and as thus amended, 
 was adopted by the Convention. 
 
 Section 5 was adopted without amendment. 
 
 Section 1, Article VI, was taken up, when Mr. HILL, of Gibson, 
 offered the following in lieu of the report of the majority. 
 
 ARTICLE VI. 
 
 Section 1. The Judicial power of this State shall be vested in one 
 Court of Errors and Appeals, and in three Supreme Courts, and in 
 such Circuit, Chancery, and other inferior Courts as the Legislature 
 shall, from time to time, ordain and establish, and the Judges 
 thereof, and in Justices of the Peace. The Legislature may also 
 vest such jurisdiction in Corporation Courts as may be deemed nec- 
 essary. Courts to be h olden by Justices 01 the Peace may also be 
 established. 
 
215 
 
 Mr. McDouGAL, offered the following amendment, to be inserted 
 after the 8th line, Section 2 : 
 
 Immediately after the ratification of this Constitution, the Legis- 
 lature, by joint ballot of both Houses, shall elect a Special Commis- 
 sion, to consist of two additional Judges for each Grand Division 
 of the State, who shall, with the Supreme Judge of their respective 
 Grand Divisions, constitute three separate Supreme Courts, with 
 full power and jurisdiction to hear and determine all causes, now 
 pending or which may be pending in the Supreme Court at Knox- 
 
 ville, Nashville and Jackson; said Commission to expiie on the 
 
 day of , 1871. 
 
 Mr. PORTER moved to lay the amendment on the table, which 
 motion failed. 
 
 Mr. BURTON demanded the yeas and nays on the adoption of the 
 amendment, which were ordered, and the amendment rejected. 
 
 Yeas 10 
 
 Nays 57 
 
 Those voting in the affirmative are : 
 
 Messrs. Brown of Davidson, Cypert, Deavenport, Key, Mc- 
 Dougal, Meeks, Nicholson, Thompson of Davidson, Thompson of 
 Maury, and Walters 10. 
 
 Those voting in the negative are : 
 
 Messrs. Blizard, Branson, Brandon, Britton, Brooks, Brown of 
 Henry, etc., Burkett, Burton, Byrne, Campbell, Carter, Chowning, 
 Coffin, Cummings, Deaderick, Dibbrell, Doherty, Dromgoole, Fen- 
 tress, Fielder, Finley, Fulkerson, Garner, Gaut, Gibbs, Gibson, 
 Gordon, Heiskell, Henderson, Hill of Warren, Hill of Gibson, 
 House of Williamson, House of Davidson, etc., Ivie, Jones of 
 Giles, Kennedy, Kirkpatrick, Kyle, Mabry, McNabb, Martin, Mor- 
 ris, Netherland, Parker, Porter of Haywood, Porter of Henry, 
 Sample, Seay, Shepard, Shelton, Staley, Stephens, Taylor, Turnery 
 Warner, Williamson and Wright 57. 
 
 The Convention took a recess until 2J o'clock P. M. 
 
216 
 
 AFTEKNOON SESSION. 
 
 Mr. JONES, of Lincoln, moved to amend by striking out the 
 words " Circuit, Chancery and other," in the first and second lines. 
 
 Mr. KEY moved to lay the amendment on the table. 
 
 Mr. McDouGAL demanded the yeas and nays, which were or- 
 dered, and the motion to lay on the table sustained. 
 
 Yeas 39 
 
 Nays 19 
 
 Those voting in the affirmative are : 
 
 Messrs. Baxter, Branson, Brooks, Brown of Henry, etc., Burton, 
 Chowning, Deaderick, Doherty, Fentress, Gardner, Garner, Gaut, 
 Gibbs, Gibson, Heiskell, Henderson, Hill of Gibson, House of Wil- 
 liamson, House of Montgomery, etc., Ivie, Jones of Giles, Key, 
 Kirkpatrick, Kyle, McDougal, McNabb, Martin, Netherland, 
 Nicholson, Porter of Haywood, Porter of Henry, Seay, Shepard, 
 Shelton, Staley, Stephens, Taylor, Thompson of Davidson, and 
 Wright 39. 
 
 Those voting in the negative are : 
 
 Messrs. Arledge, Blizard, Brandon, Britton, Byrne, Coffin, Cum- 
 mings, Dibbrell, Dromgoole, Fielder, Fulkerson, Hill of Warren, 
 Jones of Lincoln, Kennedy, Morris, Meeks, Turner, Waiters and 
 Warner 19. 
 
 On motion of Mr. HEISKELL, the amendment of Mr. Hill of 
 Gibson, was laid on the table. 
 
 Mr. PORTER, of Haywood, demanded the previous question, 
 which was sustained, and Section 1, Article VI, as reported by the 
 majority of the Committee," was adopted. 
 
 Mr. BAXTER moved to reconsider the vote adopting said section, 
 and further moved that the motion to reconsider be laid on the 
 table, which motion was sustained. 
 
 Mr. WARNER offered the following in lieu of Section 2, as re- 
 ported by the Committee : 
 
 The Supreme Court shall be composed of three Judges, one of 
 whom shall reside in each of the Grand Divisions of the State ; the 
 concurrence of two of said Judges shall, in every case, be necessary 
 
217 
 
 to a decision. The jurisdiction of this Court shall be appellate only, 
 under such restrictions and regulations as may, from time to time, 
 be prescribed by law ; but it may possess such other jurisdiction as 
 is now conferred by law on the present Supreme Court. Said Court 
 slinll be held at one place only in each of the three Grand Divisions 
 of the State. 
 
 Mr. SAMPLE offered the following amendment : 
 
 Amendment to Section 2, of Article VI : 
 
 The Supreme Court shall consist of three Judges, one of whom 
 shall reside in each grand division of the State. But for the pur- 
 pose of disposing of the accumulated business now pending in the 
 Supreme Court, there shall be elected by the qualified voters of the 
 
 State, upon the day of , 1870, three additional Judges of 
 
 the Supreme Court, one of whom shall reside in each grand division 
 of the State, who shall have the same jurisdiction, powers and sal- 
 ary as the Supreme Judges. These three additional Judges of the 
 Supreme Court shall only have authority to try and dispose of the 
 cases pending in the Supreme Courts at Knoxville, Nashville and 
 Jackson, at the time of their election, and when these cases are 
 determined and decided by them their commission shall expire. 
 These three additional Judges shall hold their Courts at the same 
 time and places as the Supreme Court, but in a different hall, and 
 they shall constitute a separate and distinct Court, whose decisions 
 shall be reported by the Attorney-General and Reporter for the 
 State, but in a separate volume or volumes. 
 
 On motion of Mr. PORTER, of Haywood, the amendments of 
 Mr. Warner and Mr. Sample were laid on the table. 
 
 Mr. JONES, of Lincoln, moved to amend Section 2, by striking 
 out all after the word " held," in the seventh line, and inserting 
 " at Knoxville, Nashville and Jackson." 
 
 Which was adopted by the Convention. 
 
 Mr. McDouGAL moved to amend by striking out the word "five," 
 in the first line, and inserting " three," and by striking out the 
 word " two," in first line, and inserting " one." 
 
 Mr. McDouGAL demanded the previous question, which was sus- 
 tained. 
 
 Mr. FIELDER demanded the yeas and nays on the adoption of the 
 amendment of Mr. McDougal, which were ordered, and the amend- 
 ment was rejected. 
 
 Yeas 31 
 
 Nays 38 
 
 Those voting in the affirmative are: 
 
 Messrs. Blackburn ; Branson, Brandon, Britton, Brooks, Brown 
 
218 
 
 of Henry, etc., Carter, Chowning, Cypert, Deaderick, Deavenport, 
 Dibbrell, Doherty, Fielder, Finley, Fulkerson, Gardner, Gaut, 
 Gibbs, Gibson, Hill of Warren, Hill of Gibson, Kirpatrick, Kyle, 
 McDougal, McNabb, Meeks, Sample, Staley, Walters and Warner 
 31. 
 
 Those voting in the negative are : 
 
 Messrs. Arledge, Baxter, Blizard, Brown of Davidson, Burkett, 
 Burton, Campbell, Coffin, Cummings, Dromgoole, Fentress, Gar- 
 ner, Gordon, Heiskell, Henderson, House of Williamson, House of 
 Montgomery, etc., I vie, Jones of Lincoln, Jones of Giles, Kennedy, 
 Key, Mabry, Martin, Morris, Netherland, Nicholson, Porter of Hay- 
 wood, Porter of Henry, Seay, Shepard, Shelton, Stephens, Taylor, 
 Thompson of Davidson, Turner, Williamson and Wright 38. 
 
 Section 2, as amended, was then adopted by the Convention. 
 
 Mr. PORTER, of Henry, moved to reconsider the vote adopting 
 said section, and further moved to lay the motion to reconsider on 
 the table, which latter motion was adopted. 
 
 Mr. HEISKELL submitted the following in lieu of the first four 
 lines of Section 3, as reported by the majority of the Committee : 
 
 The Judges of the Supreme Court shall be elected by the quali- 
 fied voters of the State. 
 
 The Legislature shall have power to prescribe such rules as may 
 be necessary to carry out the provisions of Section 2, of this Ar- 
 ticle. 
 
 Mr. CAMPBELL offered the following amendment to the amend- 
 ment in lieu of Mr. Heiskell : 
 
 Provided, That no Indian, Asiatic, African, mulatto or mustee 
 shall be allowed to vote in any election for judicial officers in this 
 State. 
 
 Mr. BAXTER moved to lay the amendment of Mr. Campbell on 
 the table. 
 
 Mr. GIBSON demanded the yeas and nays, which were ordered, 
 and the motion to lay on the table sustained. 
 
 Yeas 58 
 
 Nays 8 
 
 Those voting in the affirmative are : 
 
 Messrs. Baxter, Blizard, Branson, Brandon, Britton, Brooks, 
 Brown of Davidson, Burkett, Burton, Byrne, Carter, Chowning, 
 Coffin, Cummings, Cypert, Deaderick, Dibbrell, Doherty, Drom- 
 goole, Fielder, Finley, Fulkerson, Gardner, Garner, Gaut, Gibbs, 
 Gibson, Gordon, Heiskell, Henderson, Hill of Warren, Hill of Gib- 
 
219 
 
 son, House of Williamson, House of Montgomery, etc., Ivie, Jones 
 of Lincoln, Kennedy, Key, Kirkpatrick, Kyle, Mabry, McDougal, 
 McNabb, Martin, Morris, Meeks, Netherland, Nicholson, Porter of 
 II ay wood, Sample, Seay, Staley, Stephens, Thompson ot Davidson, 
 Turner, Walters, Warner and Wright 58. 
 
 Those voting in the negative are : 
 
 Messrs. Brown of Henry, etc., Campbell, Fentress, Jones of Giles, 
 Porter of Henry, Shepard, Taylor and Williamson 8. 
 
 Mr. JONES, of Giles, demanded the yeas and nays on the adop- 
 tion of Mr. HeiskelPs amendment, which were ordered, and the 
 amendment adopted. 
 
 Yeas 46 
 
 Nays 25 
 
 Those voting in the affirmative are : 
 
 Messrs. Arledge, Blackburn, Blizard, Branson, Brandon, Brit- 
 ton, Brooks, Brown of Henry, etc., Burkett, Burton, Byrne, Chown- 
 ing, Cummings, Cypert, Deavenport, Dibbrell, Doherty, Dromgoole, 
 Fentress, Fielder, Finley, Fulkerson, Garner, Gaut, Gibbs, Gibson, 
 Hill of Warren, Hill of Gibson, Jones of Lincoln, Kirkpatrick, 
 Mabry, McDougal, McNabb, Martin, Morris, Meeks, Netherland, 
 Porter of Henry, Sample, Seay, Shepard, Taylor, Walters, Warner, 
 Williamson and Wright 46. 
 
 Those voting in the negative are : 
 
 Messrs. Bate, Baxter, Brown of Davidson, Campbell, Carter, 
 Coffin, Deaderick, Gardner, Gordon, Heiskell, Henderson, House 
 of Williamson, House of Davidson, Robertson and Montgomery, 
 Ivie, Jones of Giles, Kennedy, Key, Kyle, Nicholson, Porter of 
 Haywood, Shelton, Staley, Stephens, Thompson of Davidson, and 
 Turner 25. 
 
 Mr. JONES, of Lincoln, moved to amend by striking out the 
 word " twelve," in the sixth line, and inserting " eight" and de- 
 manded the yeas and nays, which were ordered, and the amend- 
 ment was adopted. 
 
 Yeas 37 
 
 Nays 34 
 
 Those voting in the affirmative are : 
 
 Messrs. Arledge, Blackburn, Blizard, Branson, Britton, Brooks, 
 Brown of Henry, etc., Burkett, Burton, Ch owning, Coffin, Cum- 
 mings, Cypert, Deaderick, Dibbrell, Doherty, Fielder, Finley, Ful- 
 kerson, Garner, Gibbs, Gibson, Hill of Warren, Hill of Gibson, 
 Jones of Lincoln, Mabry, McDougal, McNabb, Morris, Meeks, 
 
220 
 
 Sample, Stephens, Taylor, Walters, Warner, Williamson and 
 Wright 37. 
 
 Those voting in the negative are : 
 
 Messrs. Bate, Baxter, Brandon, Brown of Davidson, Byrne, 
 Campbell, Carter, Deaderick, Dromgoole, Fentress, Gardner, Gaut, 
 Gordon, Heiskell, Henderson, House of Williamson, House of 
 Montgomery, etc., Ivie, Jones of Giles, Kennedy, Key, Kirkpat- 
 rick, Kyle, Martin, Netherland, Nicholson, Porter of Hay wood, 
 Porter of Henry, Seay, Shepard, Shelton, Staley, Thompson of 
 Davidson, and Turner 34. 
 
 Mr. BAXTER moved to amend by striking out the word " five' 7 
 and inserting the word " three," in the sixth line. 
 
 Mr. CAMPBELL moved to amend by striking out the word " five" 
 and inserting " nine," in the sixth line, Section 3. 
 
 Mr. JONES, of Lincoln, demanded a "division of the question, 
 which was ordered, and a vote taken on the motion to strike out. 
 
 Mr. BAXTER demanded the yeas and nays, which were ordered, 
 and the motion to strike out failed. 
 
 Yeas 17 
 
 Nays 54 
 
 Those voting in the affirmative are : 
 
 Messrs. Baxter, Blackburn, Branson, Brandon, Britton, Camp- 
 bell, Carter, Deaderick, Finley, Fulkerson, Gibson, Hill of War- 
 ren, Mabry, Nicholson, Porter of Henry, Thompson of Davidson, 
 and Wright 17. 
 
 Those voting in the negative are : 
 
 Messrs. Arledge, Bate, Blizard, Brooks, Brown of Davidson, 
 Brown of Henry, etc., Burkett, Burton, Byrne, Chowning, Coffin, 
 Cummings, Cypert, Deavenport, Dibbrell, Doherty, Dromgoole, 
 Fentress, Fielder, Gardner, Garner, Gaut, Gibbs, Gordon, Heiskell, 
 Henderson, Hill of Gibson, House of Williamson, House of Mont- 
 gomery, etc., Ivie, Jones of Lincoln, Jones of Giles, Kennedy, 
 Key, Kirkpatrick, Kyle, McDougal, McNabb, Martin, Morris, 
 Meeks, Netherland, Porter of Hay wood, Sample, Seay, Shepard, 
 Shelton, Staley, Stephens, Taylor, Turner, Warner and Williamson 
 54. 
 
 Section 3, as thus amended, was adopted by the Convention. 
 
 Mr. JONES, of Lincoln, moved to reconsider the vote adopting 
 Section 3, and further moved to lay the motion to reconsider on the 
 table, which latter motion was adopted. 
 
22 L 
 
 Mr. MAJHIY moved to amend Section 4, by inserting after the 
 word " years" in the fourth line, " or a native born citizen of the 
 '<'." 
 
 Mr. TAYLOR moved to amend by striking out the word " ten " 
 in the fourth line, and inserting " eight." It will then read, " His 
 term of service shall be eight years." 
 
 Mr. BATE proposed to amend by striking out all after the word 
 " age " in the third line. 
 
 On motion of Mr. BLACKBURN, the Convention adjourned until 
 9J o'clock to-morrow morning. 
 
 THURSDAY MORNING, FEBRUARY 3, 1870. < 
 
 - 
 
 The Convention met pursuant to adjournment, Mr. President 
 BROWN in the Chair. 
 
 Prayer by the Rev. Mr. MOONEY. 
 
 The Journal of yesterday was read and approved. 
 
 The roll was called for Memorials and Petitions. 
 
 SPECIAL REPORT ON COMMON SCHOOLS. 
 
 Mr. GORDON, from the Special Committee on Common Schools, 
 made the following report : 
 
 The Committee on Common Schools have had under considera- 
 tion sundry resolutions in reference to the application of the pro- 
 ceeds of the poll- tax, from year to year, for the use of free schools 
 in this State, and have unanimously agreed to submit to the con- 
 sideration of the Convention the following report : 
 
 Resolved, That Section 10, Article XI, of the present Constitu- 
 tion be amended by striking out all after the word " end " in the 
 
222 
 
 fifth line, and inserting : It shall be the duty of the General Assem- 
 bly to provide for the establishment and maintenance of free schools 
 for the gratuitous instruction of all the children of the State between 
 
 the ages of and years. And the ordinary tax assessed on 
 
 polls, under the provisions of this Constitution, with such other of 
 the revenue of the State as the General Assembly may from time to 
 to time set apart therefor , shall never be applied to other than educa- 
 tional purposes. 
 
 B. GORDON, Chairman. 
 
 On motion of Mr. PORTER, of Hay wood, it was ordered that the 
 report be laid on the table, and 100 copies printed for the use of the 
 Convention. 
 
 REPORT ON THE JUDICIARY FURTHER CONSIDERED. 
 
 The Convention proceeded to the consideration of the unfinished 
 business of yesterday, the report of the majority of the Judiciary 
 Committee. 
 
 The amendment of Mr. TAYLOR to Section 4, to strike oul " ten " 
 and insert " eight " years, was adopted. 
 
 Mr. MABRY withdrew his amendment. 
 
 Mr. BROOKS moved to reconsider the vote by which Mr. Taylor's 
 amendment was aaopted. 
 
 Mr. GIBSON gave notice that if the motion to reconsider was 
 sustained, that he should move to amend by striking out " eight 
 years" in the 4th line, and insert " six years. 77 
 
 Mr. TAYLOR moved to lay the motion to reconsider on the table. 
 
 Mr. GIBSON demanded the yeas and nays, which were ordered, 
 and the motion to lay on the table sustained. 
 
 Yeas 61 
 
 Nays 9 
 
 Those voting in the affirmative are : 
 
 Messrs. Bate, Baxter, Blizard, Britton, Brown of Davidson, 
 Brown of Henry, etc.. Burkett, Burton, Byrne, Campbell, Carter, 
 Coffin, Cummings, Deaderick, Deavenport, Dibbrell, Doherty, 
 Dromgoole, Fentress, Fielder, Finley, Gardner, Garner, G aut, 
 Gibbs, Gordon, Heiskell, Henderson, Hill of Warren, Hill of Gib- 
 son. House of Williamson, House of Montgomery, etc., Ivie, Jones 
 of Lincoln, Jones of Giles, Kennedy, Key, Kirkpatrick, Kyle, 
 Mabry, McDougal, McNabb, Martin, Morris, Meeks, Netherland, 
 Nicholson, Porter of Haywood, Porter of Henry, Seay, Shepard, 
 
223 
 
 Shelton, Staley, Stephens, Taylor, Thompson of Davidson, Thomp- 
 son of Maury, Turner, Walters, Warner, Williamson and Wright 
 61. 
 
 Those voting in the negative are : 
 
 Messrs. Branson, Brandon, Brooks, Chowning, Cypert, Fulker- 
 son, Gibson, Parker and Sample 9. 
 
 Mr. BAXTER moved to amend by striking out the word " five " 
 in the fourth line, and inserting " three." 
 
 Mr. - moved to lay the motion of Mr. Baxter on the table. 
 
 Mr. GIBSON demanded the yeas and nays, which were ordered, 
 and the motion to lay on the table sustained. 
 
 Yeas 53 
 
 Nays 19 
 
 Those voting in the affirmative are : 
 
 Messrs. Arledge, Bate, Blizard, Brandon, Brooks, Brown of 
 Davidson, Brown of Henry, etc., Burkett, Burton, Byrne, Camp- 
 bell, Chowning, Cummings, Cypert, Deavenport, Dibbrell, Doherty, 
 Dromgoole, Fen tress, Fielder, Fulkerson, Gardner, Garner, Gaut, 
 Gibbs, Henderson, Hill of Gibson, House of Williamson, Ivie, 
 Jones of Lincoln, Jones of Giles, Kennedy, Kyle, McDougal, 
 McNabb, Morris, Meeks, Martin, Netherland, Porter of Henry, 
 Seay, Shepard, Shelton, Staley, Stephens, Taylor, Thompson of 
 Davidson, Thompson of Maury, Turner, Walters, Warner, Wil- 
 liamson and Wright 53. 
 
 Those voting in the negative are : 
 
 Messrs. Blackburn, Baxter, Branson, Britton, Carter, Coffin, 
 Finley, Gibson, Gordon, Heiskell, Hill of Warren, House of Mont- 
 gomery, etc., Key, Kirkpatrick, Mabry, Nicholson, Parker, Porter 
 of Hay wood and Sample 19. 
 
 Mr. BURKETT offered the following : 
 
 Resolved, That in lieu of Article VI, Section 4, as reported by 
 the majority of the Committee on the Judiciary, the following be 
 adopted, viz: 
 
 AETICLE VI. 
 
 Sec. 4. The Judges of the Circuit and Chancery Courts, and of 
 other inferior courts of the State, shall be elected by the qualified 
 voters of the district or circuit to which they are to be assigned. 
 Every Judge of said court shall be thirty-five years of age, and 
 shall, before his election, have practiced as an Attorney-at Law or 
 Solicitor in Chancery ten years, in the courts of this State, before 
 he shall be eligible to such office, and shall have resided in such 
 
224 
 
 district or circiiit one year immediately preceding such election. 
 His term of office shall be eight years. 
 
 On motion of Mr. BAXTER, the amendment was laid on the 
 table. 
 
 Mr. MARTIN offered the following amendment : 
 
 Insert after the word " years " in the fourth line, " and shall have 
 been a resident of the State five years, and of the circuit or district 
 one year before his election." 
 
 Which was adopted by the Convention. 
 
 Section 4, as amended, was adopted by the Convention. 
 
 Mr. GARNER moved to reconsider the vote adopting Section 4, 
 and further moved to lay the motion to reconsider on the s table, 
 which latter motion was adopted. 
 
 Mr. TURNER proposed the following in lieu of the two first lines 
 ef Section 5 : 
 
 An Attorney General and Reporter for the State shall be elected 
 by the qualified voters of the State, and shall hold his office for 
 eight years. 
 
 Mr. HEISKELL moved to lay the amendment on the table. 
 
 Mr. TURNER demanded the yeas and nays, which were ordered, 
 and the motion to lay on the table sustained. 
 
 Yeas 59 
 
 Nays 14 
 
 Those voting in the affirmative are : 
 
 Messrs. Arledge, Burkett, Blackburn, Brown of Davidson, Bax- 
 ter, Britton, Brooks, Byrne, Blizard, Burton, Brown of Henry, etc , 
 Bate, Cummings, Coffin, Campbell, Chowning, Cypert, Carter, 
 Deaderick, Doherty, Dromgoole, Finley, Fulkerson, Fentress, Gaut, 
 Gardner, Gordon, Henderson, Hill of Gibson, Heiskell, House of 
 Williamson, House of Montgomery, etc., Ivie, Jones of Lincoln, 
 Jones of Giles, Kirkpatrick, Key, Kennedy, Kyle, Martin, Mabry, 
 Morris, Meeks, McDougal, McNabb, Netherland, Nicholson, Porter 
 of Hay wood, Porter of Henry, Shepard, Stephens, Staley, Shelton, 
 Thompson of Davidson, Thompson of Maury, Taylor, Wright, Wil- 
 liamson and Walters 59. 
 
 Those voting in the negative are : 
 
 Messrs. Branson, Brandon, Dibbrell, Deavenport, Fielder, Gib- 
 son, Gibbs, Garner, Hill of Warren, Parker, Seay, Sample, Turner 
 and Warner 14. 
 
 On motion of Mr. JONES, of Lincoln, the section wa amended 
 by striking out the word " twelve " and inserting " eight " in the 
 second line. 
 
225 
 
 Mr. MARTIN moved to amend by adding to the fifth line : "And 
 shall have been a resident of the State five years, and of the circuit 
 or district one year before his election ;" which was adopted, and 
 the section, as amended, was adopted by the Convention. 
 
 Mr. GIBSON offered the following amendment to Section 6 : 
 
 Insert between the words " office " and " by," in first line, the 
 words, " for crime, corruption, habitual drunkenness, incompetency, 
 or neglect of duty." 
 
 Mr. FENTRESS offered the following in lieu of Mr. Gibson's 
 amendment : 
 
 Insert after the word " State," first line, the words, " for official 
 corruption, or for continued neglect of duty, or continued incapacity 
 of any kind to perform the duties of his office." 
 
 Mr. HEISKELL moved to lay the amendment of Mr. Gibson, and 
 the amendment in lieu by Mr. Fentress on the table, and demanded 
 the yeas and nays, which were ordered, and the motion to lay on 
 the table rejected. 
 
 Yeas 31 
 
 Nays 41 
 
 Those voting in the affirmative are : 
 
 Messrs. Arledge, Baxter, Blizard, Brown of Henry, etc., Burton, 
 Byrne, Coffin, Cummings, Gardner, Gibbs, Heiskell, Henderson, Hill 
 of Warren, House of Davidson, etc., Ivie, Jones of Lincoln, Ken- 
 nedy, Key, Mabry, McDougal, Morris, Meeks, Porter of Haywood, 
 Porter of Henry, Shelton, Taylor, Thompson of Davidson, Thomp- 
 son of Maury, Turner, Warner and Williamson 31. 
 
 Those voting in the negative are : 
 
 Messrs. Bate, Blackburn, Branson, Brandon, Britton, Brooks, 
 Brown of Davidson, Campbell, Carter, Chowning, Cypert, Dead- 
 erick, Deavenport, Dibbrell, Doherty, Dromgoole, Fentress, Fielder, 
 Finley, Fulkerson, Garner, Gaut, Gibson, Gordon, Hill of Gibson, 
 House o Williamson, Jones of Giles, Kirkpatrick, Kyle, McNabb, 
 Martin, Netherland, Nicholson, Parker, Sample, Seay, Shepard, 
 Staley, Stephens, Walters and Wright 41. 
 
 Mr. TURNER gave notice that he should offer the following 
 amendment : 
 
 Add at the end of line 8th ; Provided, The causes of his removal 
 are such as are prescribed by a general law of the land, passed by a 
 Legislature prior to the one taking action thereon. 
 
 Mr. CAMPBELL demanded the previous question, which demand 
 15 
 
226 
 
 was sustained, and the question recurring on the adoption of Mr. 
 Fentress' amendment in lieu of Mr. Gibson ? s. 
 
 Mr. CAMPBELL, demanded the yeas and nays, which were or- 
 dered, and Mr. Fentress 7 amendment in lieu was adopted. 
 
 Yeas 39 
 
 Nays 33 
 
 Those voting in the affirmative are : 
 
 Messrs. Bate, Blizard, Brandon, Britton, Brown of Davidson, 
 Burkett, Campbell, Carter, Coffin, Cypert, Deaderick, Deavenport, 
 Dromgoole, Fentress, Fielder, Fulkerson, Gardner, Gaut, Gibbs, 
 Gordon, Hill of Warren, Hill of Gibson, Jones 1 of Giles, Kirkpa- 
 trick, Kyle, McDougal, Martin, Morris, Meeks, Netherland, Porter 
 of Haywood, Porter of Henry, Shepard, Stephens, Thompson of 
 Davidson, Turner, Warner, Williamson and Wright 39. 
 
 Those voting in the negative are : 
 
 Messrs. Baxter, Blackburn, Branson, Brooks, Brown of Henry, 
 etc., Burton, Byrne, Chowning, Cummings, Dibbrell, Doherty, Fin- 
 ley, Garner, Gibson, Heiskell, Henderson, House of Williamson, 
 House of Davidson, etc., Ivie, Jones of Lincoln, Kennedy, Key, 
 Mabry, McNabb, Nicholson, Parker, Sample, Seay, Shelton, Staley, 
 Taylor, Thompson of Maury, and Walters 33. 
 
 Mr. HEISKELL demanded the ayes and nays upon the adoption 
 of Mr. Fentress 7 amendment, which were ordered, and the amend- 
 ment was lost by a tie vote. 
 
 Yeas 36 
 
 Nays ,.., : 36 
 
 Those voting in the affirmative are : 
 
 Messrs. Bate, Blackburn, Branson, Brandon, Britton, Brooks, 
 Brown of Davidson, Byrne, Campbell, Carter, Chowning, Coffin, 
 Cypert, Deaderick, Dromgoole, Fentress, Fielder, Finley, Fulker- 
 son, Gardner, Gaut, Gibbs, Gibson, Gordon, Hill of Gibson, Jones 
 of Giles, Kirkpatrick, Kyle, McNabb, Martin, Parker, Porter of 
 Haywood, Shepard, Stephens, Thompson of Davidson, and Wright 
 --36. 
 
 Those voting in the negative are : 
 
 Messrs. Baxter, Blizard, Brown of Henry, etc., Burkett, Burton, 
 Cummings, Deavenport, Dibbrell, Doherty, Garntr, Heiskell, Hend- 
 erson, Hill of Warren, House of Williamson, House of Mont- 
 gomery, etc., Ivie, Jones of Lincoln, Kennedy, Key, Mabry, Mc- 
 Dougal, Morris, Meeks, Netherland, Nicholson, Porter of Henry, 
 Sample, Seay, Shelton, Staley, Taylor, Thompson of Maury, Tur- 
 ner, Walters, Warner and Williamson 36. 
 
227 
 
 (Previous to the offering of and action of the Convention on the 
 amendments of Messrs. GIBSON and FENTRESS, Section 6 was, on 
 motion of Mr. Jones, of Lincoln, amended by striking out the 
 words " elected to each House," and inserting "to which each 
 House shall be entitled," which was adopted by the Convention.) 
 
 The Convention took a recess to 2J o'clock p. M. 
 
 AFTERNOON SESSION. 
 
 Mr. HEISKELL demanded the yeas and nays upon the adoption 
 of Section 6, which were ordered, and the section was adopted. 
 
 Yeas 38 
 
 Nays ." 29 
 
 Those voting in the affirmative are : 
 
 Messrs. Allen, Baxter, Blizard, Brandon, Britton, Brooks, Brown 
 of Henry, etc., Burkett, Burton, Byrne, Carter, Chowning, Coffin, 
 Cummings, Deaderick, Fielder, Garner, Gaut, Gibson, Heiskel), 
 Henderson, Hill of Warren, House of Montgomery, etc., Ivie, 
 Kennedy, Key, Kirkpatrick, Kyle, Mabry, McDougal, McNabb, 
 Meeks, Nicholson, Stalev, Taylor, Thompson of Maury, Warner 
 and Wright 38. 
 
 Those voting in the negative are : 
 
 Messrs. Bate, Branson, Brown of Davidson, Campbell, Cypert, 
 Dibbrell, Doherty, Dromgoole, Fentress, Fulkerson, Garner, Gibb.<, 
 Hill of Gibson, Jones of Lincoln, Jones of Giles, Martin, Morris, 
 Parker, Porter of Hay wood, Porter of Henry, Sample, Seay, Shep- 
 ard, Shelton, Stephens, Thompson of Davidson, Turner, Walters 
 and Williamson 29. 
 
 Mr. HEISKELL moved to reconsider the vote adopting Section f, 
 and further moved to lay the motion to reconsider on the table. 
 Mr. TAYLOR demanded the yeas and nuys on the motion to lay 
 
228 
 
 the motion to reconsider on the table, which were ordered, and the 
 motion to lay on the table rejected. 
 
 Yeas 34 
 
 Nays 39 
 
 Those voting in the affirmative are : 
 
 Messrs. Allen, Arledge, Baxter, Blizard, Brandon, Britton, 
 Burkett, Burton, Byrne, Carter, Chowning, Cummings, Deaderick, 
 Dibbrell, Doherty, Fielder, Gaut, Gordon, Heiskell, Henderson, 
 Hill of Warren, House of Montgomery, etc., Ivie, Kennedy, Key, 
 Kirkpatrick, Kyle, Mabry, McNabb, Netherland, Nicholson, Porter, 
 Staley and Wright 34. 
 
 Those voting in the negative are : 
 
 Messrs. Bate, Blackburn, Branson, Brooks, Brown of Davidson, 
 Brown of Henry, etc., Campbell, Coffin, Cypert, Dromgoole, Fen- 
 tress, Finley, Fulkerson, Gardner, Garner, Gibbs, Gibson, Hill of 
 Gibson, House of Williamson, Jones of Lincoln, Jones of Giles, 
 McDougal, Martin, Morris, Meeks, Parker, Porter of Haywood, 
 Sample, Seay, Shepard, Shelton, Stephens, Taylor, Thompson of 
 Davidson, Thompson of Maury, Turner, Walters, Warner and 
 Williamson 39. 
 
 Mr. HEISKELL withdrew his motion to reconsider. 
 Mr. THOMPSON, ,pf Maury, renewed the motion to reconsider, 
 Mr. BAXTER demanded the yeas and nays, which were ordered, 
 and the motion to reconsider was sustained. 
 
 Yeas 37 
 
 Nays 36 
 
 Those voting in the affirmative are : | 
 
 Messrs. Bate, Blackburn, Branson, Brown of Davidson, Brown 
 of Henry, etc., Campbell, Chowning, Coffin, Cypert, Dromgoole, 
 Fentress, Finley, Fulkerson, Gardner, Garner, Gibbs, Gibson, Hill 
 of Gibson, House of Williamson, Jones, of Lincoln, Jones of Giles ? 
 Martin, Morris, Meeks, Parker, Porter of Haywood, Sample, 
 Seay, Shepard, Shelton, Stephens, Taylor, Thompson of Davidson, 
 Turner, Walters, Warner and Williamson 37. 
 
 Those voting in the negative are : 
 
 Messrs. Allen, Arledge, Baxter, Blizard, Brandon, Britton, 
 Brooks, Burkett, Burton, Byrne, Carter, Cumminos, Deaderick, 
 Dibbrell, Doherty, Fielder, Gaut, Gordon, Heiskell, Henderson, 
 Hill of Warren, House of Montgomery, etc., Ivie, Kennedy, Key, 
 Kirkpatrick, Kyle, Mabry, McDougal, McNabb, Netherland, 
 Nicholson, Porter of Henry, Staley, Thompson of Maury, and 
 Wright 36. 
 
229 
 
 Mr. PORTER, of Hay wood, moved to strike out the whole of Sec- 
 tion 6. 
 
 Mr. HEISKELL demanded the previous question on the motion to 
 strike out. 
 
 Mr. TURNER demanded the yeas and nays, which were ordered, 
 and the demand for the previous question was rejected. 
 
 Yeas 29 
 
 Nays 43 
 
 Those voting in the affirmative are : 
 
 Messrs. Baxter, Blackburn, Blizard, Brandon, Britton, Burkett, 
 Burton, Byrne, Carter, Deaderick, Doherty, "Guilt, Heiskell, Hen- 
 derson, Hill of Warren, Ivie, Jones of Lincoln, Kennedy, Key, 
 Kirkpatrick, Kyle, Mabry, McNabb, Netherland, Nicholson, Porter 
 of Henry, Shelton, Staley and Wright 29. 
 
 Those voting in the negative are : 
 
 Messrs. Allen, Arledge, Branson, Brooks, Brown of Davidson, 
 Brown of Henry, etc., Campbell, Chowning, Coffin, Cummings, 
 Cypert, Dibbrell, Dromgoole, Fen tress, Fielder, Finley, Fulkerson, 
 Gardner, Garner, Gibbs, Gibson, Gordon, Hill of Gibson, House of 
 Williamson, House of Montgomery, etc., Jones of Giles, Mc- 
 Dougal, Martin, Morris, Meeks, Parker, Porter of Haywood, 
 Sample, Seay, Shepard, Stephens, Taylor, Thompson of Davidson, 
 Thompson of Maurv, Turner, Walters, Warner and Williamson 
 43. 
 
 Mr. TURNER offered the following amendment : 
 
 Add at the end of line 8th; " Provided, The causes of his re- 
 moval are such as are prescribed by a general law of the land, 
 passed by a Legislature prior to the one taking action thereon." 
 
 Mr. FENTRESS offered the following in lieu of Mr. Turner's. 
 
 Article VI, Section 6, insert after the word " State " in the first line 
 the following : " For official corruption or for continued neglect of 
 duty, or incapacity of any kind to perform the duties of his office. J 
 
 Mr. GIBSON moved that Section 6, and all the pending amend- 
 ments be committed to a Select Committee of seven to be appointed 
 by the President. 
 
 Mr. BLIZARD demanded the Previous Question. 
 
 Mr. TURNER demanded " The Question " which was sustained. 
 
 A vote was taken upon Mr. GIBSON'S motion to commit, and was 
 rejected. 
 
 Mr. FENTRESS'S amendment was rejected. 
 
 Mr. TURNER'S amendment was rejected. 
 
230 
 
 A vote was taken on Mr. PORTER'S (of Hay wood) motion to 
 strike out the 6th Section, and it was rejected. 
 
 Section 6, as amended, was again adopted by the Convention. 
 
 Mr. KENNEDY moved to reconsider the vote adopting Section 6, 
 and further moved to lay the motion to reconsider on the table. 
 
 Which latter motion was adopted. 
 
 Mr. HOUSE, of Montgomery, etc., offered the following amend- 
 ment to Section 7 : 
 
 The salary of a Supreme Judge shall not be less than forty-five 
 hundred dollars per annum, and that of a Chuncellor or Circuit 
 Judge not less than three thousand dollars per annum. 
 
 Mr. SAMPLE offered the following amendment to Mr. House's 
 amendment : 
 
 " That the salaries of the Judges be left with the Legislature." 
 
 On motion of Mr. BROOKS the amendments were laid on the 
 table. 
 
 Section 7, as recommended by the Committee was adopted by the 
 Convention. 
 
 Section 8, was taken up, when Mr. TAYLOR proposed the follow- 
 ing amendment : 
 
 Amend Section 8, by adding after " Legislature " in second line 
 the following : " And their organization shall be uniform through- 
 out the State." 
 
 Mr. TAYLOR subsequently withdrew his amendment. 
 
 Section 8, as recommended by the Committee, was adopted by 
 the Convention. 
 
 Section 9, as reported by the Committee was adopted by the Con- 
 vention. 
 
 Mr. HILL, of Gibson, offered the following in lieu of Section 10: 
 
 The Judges, Chancellors or Justices of the inferior courts of Law 
 and Equity shall have power in all civil cases, to issue writs of 
 certiorari to remove any cause or the transcript of the record thereof, 
 from any inferior jurisdiction into such Courts of Law, on sufficient 
 cause supported by oath or affirmation. 
 
 Which was adopted in lieu, and the Section as thus amended was 
 adopted by the Convention. 
 
 Sections 11 and 12, were adopted as recommended by the Com- 
 mittee without amendment. 
 
231 
 
 Mr. STEPHENS move to reconsider the vote adopting his amand- 
 in out to Section 13 on Tuesday last. 
 
 Mr. JONES, of Lincoln, demanded the yeas and nays, which were 
 ordered, and the motion to reconsider was adopted : 
 
 Yeas 37 
 
 Nays 34 
 
 Those voting in the affirmative are : 
 
 Messrs. Bate, Baxter, Brandon, Brown of Davidson, Brown of 
 Henry, etc., Burton, Campbell, Carter, Deaderick, Fentress, Gard- 
 ner, Garner, Gibbs, Gordon, Heiskell, Henderson, Hill of Gibson, 
 House of Williamson, House of Montgomery, etc., Jones of Giles, 
 Kennedy, Key, Kirkpatrick, Kyle, Martin, Netherland, Nicholson, 
 Seay, Shepard, Shelton, Staley, Stephens, Taylor, Thompson of 
 Davidson, Thompson of Maury, Turner and Williamson 37. 
 
 Those voting in the negative are" : 
 
 Messrs. Allen, Arledge, Blizard, Branson, Britton, Brooks, Bur- 
 kett, Byrne, Chowning, Coffin, Cummings, Cypert, Dibbrell, 
 Doherty, Dromgoole, Fielder, Finley, Gaut, Gibson, Hill of Warren, 
 Ivie, Jones of Lincoln, Mabry, McDougal, McNabb, Morris, Meeks, 
 Parker, Porter of Haywood, Porter of Henry, Sample, Walters, 
 Warner, and Wright 34. 
 
 Mr. JONES, of Lincoln, offered the following in lieu of Section 13 : 
 
 Clerks of the Supreme Court shall be elected, each for the term 
 of six years, by the qualified voters of the respective grand divi- 
 sions of the State, in which said Court is required to be held. 
 
 Clerks and Masters of the Chancerv Courts shall be elected, each 
 for the term of six years, by the qualified voters of the respective 
 counties, districts or divisions in which such Courts shall be requir- 
 ed to be held. 
 
 Clerks of the Circuit Courts, and Clerks of such inferior courts as 
 may be hereafter established, shall be elected, each for the term of 
 four years, by the qualified voters of the respective counties in and 
 for which said Courts shall be required to be held. 
 
 The Clerks provided for in this Section shall be removed from 
 office for malfeasance, incompetency, or neglect of duty, in such 
 manner as may be prescribed by law. 
 
 The consideration of said amendment was posponed until to- 
 morrow. 
 
 VISIT OF RESPECT TO MRS. POLK. 
 
 Mr. Burton offered the following resolution, which was adopted 
 by the Convention : 
 
232 
 
 Resolved, That a committee of three be appointed to wait on 
 Mrs. POLK, the late widow of President JAMES K. POLK, and as- 
 certain when it would suit her convenience to receive a visit of re- 
 spect from this body. 
 
 On motion of Mr. JONES, of Lincoln, the Convention adjourned 
 until to-morrow at 9J o'clock, A. M* 
 
 FRIDAY MORNING, FEBRUARY 4, 1870. 
 
 The Convention met pursuant to adjournment, Mr. President 
 BROWN in the Chair. 
 
 Prayer by the Rev. Mr. SAMPLE, a member of the Convention, 
 The Journal of yesterday was read, and approved. 
 The roll was called for memorials and petitions. 
 
 MEMORIALS. 
 
 Mr. DEADERICK presented a memorial from sundry citizens of 
 Roane, Monroe and Blount counties, praying the creation of a new 
 county out of portions of said counties, which, without being read, 
 was referred to the Committee on New Counties and County Lines, 
 
 Mr. TAYLOR presented a memorial from citizens of the counties 
 of Henderson, Madison, McNairy and Hardeman, praying the crea- 
 tion of a new county out of portions of said counties, which, with- 
 out being read, was referred to the Committee on New Counties and 
 County Lines. 
 
 AMENDMENTS PROPOSED. 
 
 Mr. SAMPLE offered the following resolution, which was read 
 and referred to the Committee on Miscellaneous Provisions : 
 
 Resolved, That the Legislature shall have power, after the ratifi- 
 cation of this Constitution, every eight years thereafter, to offer to 
 the people an amendment to the Constitution, and after due notice 
 if the people by a majority of the popular vote, ratify the said 
 
233 
 
 amendment then, it shall become a part of the organic law of the 
 State, and the Governor shall declare the same by proclamation. 
 
 Mr. BROOKS offered the following resolution, which was read and 
 referred to the Committee on the Judiciary : 
 
 Resolved, That the salary of the Supreme Court Judges be three 
 thousand dollars per annum. 
 
 Be it further resolved, That the Judges of the Circuit and Chance- 
 ry Courts shall receive a salary of two thousand dollars per annum. 
 
 CHANGE OF RULES. 
 
 Mr. BROWN, of Davidson, offered the following resolution : 
 Resolved, That the rule of this Convention authorizing the Pre- 
 vious Question, be and the same is repealed, and no member who 
 speaks upon a pending question shall be allowed at the close of his 
 speech to make a motion to lay on the table. 
 
 Mr. BROWN moved to suspend the rules and take up the resolu- 
 tion, which motion was rejected and the resolution lies over under 
 the rule. 
 
 REPORT ON MISCELLANEOUS BUSINESS. 
 
 Mr. TURNER, from the Committee on Miscellaneous Provisions, 
 made the following report : 
 MR. PRESIDENT : 
 
 The Committee on Miscellaneous Provisions having had under 
 consideration several subjects beg leave to submit for the considera- 
 tion of the Convention the two following Sections as amendments to 
 the Constitution. 
 
 Section " The General Assembly shall have power to enact 
 
 laws for the protection and preservation of game and fish within 
 the State, and such laws may be enacted for, and applied and en- 
 forced, in particular counties or geographical districts designated by 
 the General Assembly." 
 
 Sec. . " The due coupons of the Bonds of the State, legally 
 
 issued, and all Treasury Warrants shall be received at par after 
 January 1, 1871, for all taxes or other dues to the State ; Provided, 
 that this Section shall not apply during a rebellion or invasion of 
 the State." 
 
 All of which is respectfully submitted, 
 
 JAMES J. TURNER, 
 
 Chairman. 
 
 On motion of Mr. TAYLOR it was ordered that the report be 
 
234 
 
 laid on the table, and 100 copies printed for the use of the Conven- 
 tion. 
 
 COMMITTEE TO WAIT OK MES. POLK. 
 
 The President announced the following Committee to wait on 
 Mrs. Polk, in accordance with Mr. BUB/TON'S resolution : 
 Messrs. Burton, Netherland and Campbell. 
 
 LEAVE OF ABSENCE. 
 
 Mr. NETHERLAND asked and obtained leave of absence for Mr 
 Martin, on account of sickness. 
 
 REPORT ON JUDICIARY FURTHER CONSIDERED. 
 
 The Convention resumed the consideration of the unfinished 
 
 business of yesterday. 
 
 Mr. MORRIS offered the following amendment : 
 
 Strike out line 1, of Section 13, and insert in lieu thereof: 
 
 Section 13. Judges of the Supreme Courts shall appoint their 
 
 clerks, who shall hold their offices for eight years. 
 
 Which was rejected by the Convention. 
 
 Mr. MORRIS submitted the following amendment : 
 Strike out of lines 2 and 3, of Section 13, the words " Chancellors 
 (if Chancery Courts shall be established,) shall appoint their Clerks 
 and Masters, who shall hold their offices for the period of six 
 years," and insert in lieu thereof, " The Clerks and Masters of the 
 Chancery Courts shall be elected by the qualified voters of the 
 county or counties or districts for which a Chancery Court is held, 
 and shall hold their offices for eight years. Clerks of the Circuit 
 Courts shall be elected by the qualified voters of the respective 
 counties for which Circuit Courts are held, and shall hold their 
 offices for eight years." 
 
 Mr. SAMPLE moved to amend the amendment of Mr. Morris by 
 striking out the word " eight" and inserting " six." 
 
 Mr. BLIZARD demanded the previous question, which demand 
 was sustained. 
 
 Mr. SAMPLE'S amendment to Mr. Morris' amendment was 
 adopted. 
 
 Mr. MORRIS demanded the yeas and nays on the adoption of his 
 
235 
 
 amendment as amended, which were ordered, and the amendment 
 Adopted. 
 
 Yeas 37 
 
 Nays 35 
 
 Those voting in the affirmative are : 
 
 Messrs. Arledge, Blackburn, Blizard, Branson, Brandon, Brit- 
 ton, Brooks, Burkett, Chowning, Cypert, Deavenport, Dibbrell, 
 Doherty, Dromgoole, Fentress, Fielder, Finley, Gaut, Gibson, Hill 
 of Warren, Hill of Gibson, Ivie, Jones of Lincoln, Mabry, Mc- 
 Nabb, Morris, Parker, Porter of Hay wood, Sample, Shepard, 
 Stephens, Taylor, Thompson of Maury, Walters, Warner, William- 
 son and Wright 37. 
 
 Those voting in the negative are : 
 
 Messrs. Bate, Baxter, Brown of Davidson, Brown of Henry, etc., 
 Burton, Byrne, Campbell, Carter, Coffin, Cummings, Deaderick, 
 Fulkerson, Gardner, Garner, Gibbs, Gordon, Heiskell, Henderson, 
 House of Williamson, House of Montgomery, etc., Jones of Giles, 
 Kennedy, Key, Kirkpatrick, Kyle, McDougal, Meeks, Netherland, 
 Nicholson, Porter of Henry, Seay, Shelton, Staley, Thompson of 
 Davidson, and Turner 35. 
 
 Mr. STEPHENS withdrew his amendment. 
 
 Mr. DIBBKELL demanded the yeas and nays on the adoption of 
 the amendment of Mr. JONES, of Lincoln, in lieu of the 13th Sec- 
 tion, which were ordered, and the amendment was rejected. 
 
 Yeas 28 
 
 Nays 44, 
 
 Those voting in the affirmative are : 
 
 Messrs. Arledge, Blackburn, Branson, Britton, Brooks, Chowning, 
 Cypert, Deavenport, Dibbrell, Doherty, Fentress, Fielder, Finley, 
 Gibson, Hill of Warren, Hill of Gibson, Jones of Lincoln, Mabry, 
 McDougal, McNabb, Meeks, Parker, Porter of Hay wood, Sample, 
 Stephens, Taylor, Walters and Warner 28. 
 
 Those voting in the negative are : 
 
 Messrs. Baxter, Blizard, Brandon, Brown of Davidson, Brown 
 of Henry, etc., Burkett, Burton, Byrne, Campbell, Carter, Coffin, 
 Cummings, Deaderick, Dromgoole, Fulkerson, Gardner, Garner, 
 Gaut, Gibbs, Gordon, Heiskell, Henderson, House of Williamson, 
 House of Montgomery, etc., Ivie, Jones of Giles, Kennedy, Key, 
 Kirkpatrick, Kyle, Morris, Netherland, Nicholson, Porter of Henry, 
 Seay, Shepard, Shelton, Staley, Thompson of Davidson, Thompson 
 of Maury, Turner, Williamson, Wright and President Brown 44. 
 
236 
 
 By unanimous consent, the word " they" in the fifth line, was 
 strick'en out, and "these Clerks" inserted. 
 
 Mr. KENNEDY demanded the yeas and nays on the adoption of 
 Section 13, as amended, which were ordered, and the section was 
 adopted by the Convention. 
 
 Yeas 42 
 
 Nays ..29 
 
 Those voting in the affirmative are : 
 
 Messrs. Arledge, Blackburn, Blizard, Branson, Brandon, Brit- 
 ton, Brooks, Brown of Davidson, Brown of Henry, etc., Burkett, 
 Byrne, Chowning, Coffin, Deavenport, Dibbrell, Doherty, Drom- 
 goole, Fielder, Finley, Gaut, Gibson, Heiskell, Hill of Warren, 
 Hill of Gibson, Ivie, Jones of Lincoln, Key, Mabry, McNabb, 
 Morris, Parker, Porter of Haywood, Sample, Seay, Shepard, 
 Stephens, Thompson of Maury, Turner, Walters, Warner, William- 
 son and Wright 42. 
 
 Those voting in the negative are : 
 
 Messrs. Allen, Baxter, Burton, Campbell, Carter, Cummings, 
 Deaderick, Fentress, Fulkerson, Gardner, Garner, Gibbs, Gordon, 
 Henderson, House of Williamson, House of Montgomery, etc., Jones 
 of Giles, Kennedy, Kirkpatrick, Kyle, McDougal, Meeks, Nether- 
 land, Nicholson, Porter of Henry, Shelton, Staley, Taylor and 
 Thompson of Davidson 29. 
 
 Mr. JONES, of Lincoln, moved to reconsider the vote adopting 
 Section 13, and further moved to lay the motion to reconsider on 
 tjie table, which latter motion was adopted. 
 
 Section 14 was adopted as recommended by the Committee. 
 
 Mr. BUKKETT offered the following amendment to Section 15 : 
 
 Resolved, That Section 15 be amended by striking out " two," in 
 the third line, and inserting in lieu thereof " one " and in the fifth 
 line, by striking out " three" and inserting in lieu thereof "two." 
 
 Mr. JONES, of Lincoln, demanded the previous question, which 
 demand was sustained. 
 
 Mr. BURKETT demanded the yeas and nays on the adoption of his 
 amendment, which were ordered, and the amendment was rejected. 
 
 Yeas 14 
 
 Nays 55 
 
 Those voting in the affirmative are : 
 
 Messrs. Blizard, Branson, Burkett, Cypert, Fulkerson, Gaut, 
 
237 
 
 Heiskell, House of Montgomery, etc., Kennedy, Key, Kirkpatrick, 
 Kyle, Parker and Williamson 14. 
 
 Those voting in the negative are : 
 
 Messrs. Arledge, Baxter, Blackburn, Brandon, Britton, Brooks, 
 Brown of Davidson, Brown of Henry, etc., Burton, Byrne, 
 Campbell, Carter, Chowning, Coffin, Cummings, Deavenport, Dib- 
 brell, Doherty, Dromgoole, Fentress, Fielder, Finley, Gardner, 
 Garner, Gibbs, Gibson, Gordon, Henderson, Hill of Warren, Hill 
 of Gibson, House of Williamson, I.vie, Jones of Lincoln, Jones of 
 Giles, Mabry, McDougal, McNabb, Morris, Meeks, Netherland, 
 Nicholson, Porter of Henry, Sample, Seay, Shepard, Shelton, 
 Staley, Stephens, Taylor, Thompson of Davidson, Thompson of 
 Maury, Turner, Walters, Warner and Wright 55. 
 
 Section 15, as recommended by the Committee, was then adopted 
 by the Convention. 
 
 Mr. KENNEDY offered the following as an independent section : 
 If at any election for Chancery Court Clerk, no candidate shall 
 
 receive a majority of all the votes cast, then the Chancellor shall 
 
 appoint the Clerk. 
 
 Which was rejected by the Convention. 
 Mr. GIBSON offered the following as an independent section : 
 Section . The Legislature shall, from time to time, by a gen- 
 eral law, divide the State into Judicial Circuits and Chancery Dis- 
 tricts or Divisions, so that the number of Circuits shall not exceed 
 one for every sixty thousand inhabitants, and the number of Chan- 
 cery Districts or Divisions shall not exceed one for every seventy- 
 five thousand inhabitants : Provided, that territory and population 
 shall be so equalized as to equalize the labors of the several Judges 
 and of the several Chancellors as nearly as possible. And no Cir- 
 cuit, District or Division shall be created otherwise than by a gen- 
 eral law re-circuiting or re-districting the entire State. 
 
 Pending which, the Convention took a recess until 2J o'clock p. M. 
 
238 
 
 AFTERNOON SESSION. 
 
 Mr. PORTER, of Henry, moved to lay the amendment of Mr. 
 Gibson on the table. 
 
 Mr. GIBSON demanded the yeas and nays, which were ordered, 
 and the motion to lay on the table sustained. 
 
 Yeas 42 
 
 Nays 19 
 
 Those voting in the affirmative are : 
 
 Messrs. Bate, Baxter, Brown of Davidson, Brown of Henry, etc., 
 Burkett, Burton, Byrne, Campbell, Carter, Cummings, Cypert, 
 Deaderick, Doherty, Dromgoole, Fentress, Fielder, Gardner, Gar- 
 ner, Gaut, Gibbs, Heiskell, Henderson, Hill of Gibson, House of 
 Williamson, Jones of Giles, Kennedy, Key, Kirkpatrick, Mabry, 
 McDougal, Morris, Meeks, Netherland, Porter of Hay wood, Porter 
 of Henry, Shepard, Shelton, Stephens, Taylor, Thompson of David- 
 son, Thompson of Maury, and Wright 42. 
 
 Those voting in the negative are : 
 
 Messrs. Blackburn, Blizard, Branson, Brandon, Brifcton, Brooks, 
 Chowning, Fulkerson, Gibson, Hill of Warren, Kyle, McNabb, 
 Nicholson, Parker, Sample, Saay, Turner, Warner and Williamson 
 19. 
 
 TERM OF OFFICE AND VACANCIES. 
 
 Mr. GIBSON offered the following resolution: 
 
 Section . All officers authorized by this Constitution or by the 
 Legislature, shall hold their offices until their successors shall be 
 elected or appointed and qualified; and whenever a vacancy occurs 
 in any office, the officer elected or appointed to fill the vacancy, 
 shall hold office only for the unexpired term of his predecessor, and 
 until his successor is elected or appointed and qualified. 
 
 On motion of Mr. FENTRESS, the resolution was referred to the 
 Committee on Elections. 
 
 SCHEDULE. 
 
 The 1st section of the Schedule was, by unanimous consent, 
 amended by inserting " and Reporter " after the word general, in the 
 second line. 
 
239 
 
 Mr. SEAY moved to amend Section 1 of the Schedule by insert- 
 ing, after the word " State " in the second line, the words "Attor- 
 neys for the State for the several circuits or districts," and after the 
 word " courts," in the same line, insert the words, " Justices of the 
 Peace." 
 
 Mr. KEY offered the following in lieu of the first paragraph of 
 Section 1 of the Schedule, and Mr. Seay's amendment : 
 
 That no inconvenience may arise from a change of the Constitu- 
 tion, it is declared that all civil officers shall hold their offices until 
 the first day of November, 1871, unless their term of service 
 previously expires. 
 
 Mr. DROMGOOLE proposed to amend the Schedule by inserting 
 after the word Judges, in the second line, " and Clerks and County 
 Registeis," so that the same will read : 
 
 That no inconvenience may arise from a change of the Constitu- 
 tion, it is declared that all civil officers, except the Attorney General 
 and Reporter for the State, and the Judges and Clerks of the sever- 
 al courts, and County Registers, shall hold their offices until the 
 expiration of their present term oi service. 
 
 THE VISIT TO MRS. POLK. 
 
 Mr. BURTON, from the Committee appointed to wait on Mrs. 
 Polk, reported that they had performed that duty, and that Mrs. 
 Polk had expressed a readiness to receive the committee to-morrow 
 afternoon. 
 
 On motion of Mr. THOMPSON, of Davidson, the Convention ad- 
 journed until to-morrow morning, at 9| o'clock. 
 
 SATURDAY MORNING, FEBRUARY 5, 1870. 
 
 The Convention met pursuant to adjournment, Mr. President 
 BROWN in the Chair. 
 
 Prayer by the Rev. Dr. YOUNG. 
 
 The Journal of yesterday was read, corrected and approved. 
 
240 
 
 THE JUDICIARY FURTHER CONSIDERED. 
 
 Mr. JONES, of Lincoln, moved to reconsider the vote adopting 
 Section 13, which being objected to, as a motion had been made to 
 reconsider that vote, and the motion to reconsider had been laid on 
 the table : 
 
 Mr. JONES then moved to take from the table the motion to re- 
 consider, which was adopted, and the motion to reconsider was then 
 adopted. 
 
 Mr. JONES, of Lincoln, proposed the following amendment to 
 Section 13 : 
 
 Strike out " six " where it applies to the Circuit Court Clerks, 
 and insert " four." 
 
 Mr. JONES demanded the previous question. 
 
 Objection was made to entertaining Mr. JONES' amendment, as it 
 was not reduced to writing. The objection was sustained by the 
 Chair. 
 
 Mr. JONES proceeded to write out his amendment ; whereupon 
 Mr. Kennedy claimed the floor, and he was recognized by the 
 Chair. 
 
 Mr. Kennedy then offered the following in lieu of Section 13 : 
 
 Judges of the Supreme Court shall appoint their Clerks, who 
 shall hold their office for six years ; Chancellors shall appoint their 
 Clerks and Masters, who shall hold their offices for six years. 
 Clerks of such inferior courts as may be hereafter established, which 
 shall be required to be holden in the respective counties of this 
 State, shall be elected by the qualified voters thereof, for the term 
 of four years. They shall be removed from office for malfeasance, 
 in competency, or neglect of duty, in such manner as may be pre- 
 scribed by law. 
 
 Mr. JONES presented his amendment, as above, in writing, which 
 was reported by the Secretary, and again demanded the previous 
 question, which was sustained. 
 
 Mr. JONES amendment was then adopted. 
 
 Mr. KENNEDY demanded the yeas and nays on the adoption of 
 his amendment in lieu, which were ordered, and the amendment 
 adopted. 
 
 Yeas 36 
 
 Nays 34 
 
 Those voting in the affirmative are : 
 
 Messrs. Allen, Bate, Baxter, Brown of Davidson, Brown of 
 
241 
 
 Henry, etc., Burton, Byrne, Campbell, Carter, Coffin, Deaderick, 
 .Dnhcrly, Fi'iitivss, Fulkerson, Gardner, Garner, Gibbs, Gordon;. 
 Heiskell, Henderson, House of Williamson, House of Montgomery, 
 etc., Jones of Giles, Kennedy, Key, Kirkpatrick, Kyle, Nether- 
 land, Porter of Henry, Seay, Shelton, Staley, Thompson of David- 
 son, Turner, Wright and President Brown. 
 
 Those voting in the negative are: 
 
 Messrs. Arledge, Blackburn, Blizard, Brandon, Branson, Britton, 
 Brooks, Burkett, Chowning, Cummings, Deavenport, Dibbrell, 
 Dromgoole, Fielder, Finley, Gaut, Gibson, Hill of Warren, Hill of 
 Gibson, Ivie, Jones of Lincoln, McDougal, McNabb, Meeks, Mor- 
 ris, Parker, Porter of Haywood, Sample, Shepard, Stephens, Tay- 
 lor, Thompson of Maury, Walters and Warner 34. 
 
 Mr. BURKETT demanded the yeas and nays on the adoption of 
 the 13th Section as amended, which were ordered, and the section, 
 as amended, was adopted. 
 
 Yeas 38 
 
 Nays 33 
 
 Those voting in the affirmative are : 
 
 Messrs. Allen, Bate, Baxter, Branson, Brown of Davidson, Brown 
 of Henry, etc., Burton, Byrne, Campbell, Carter, Coffin, Deaderick, 
 Doherty, Fentress, Fulkerson, Gardner, Garner, Gibbs, Gordon, 
 Heiskell, Henderson, House of Williamson, House of Montgomery, 
 etc., Jones of Giles, Kennedy, Key, Kirkpatrick, Kyle, McDougal, 
 Xetherland, Porter of Henry, Seay, Shelton, Staley, Thompson of 
 Davidson, Turner, Wright and President Brown 38. 
 
 Those voting in the negative are : 
 
 Messrs. Arledge, Blackburn, Blizard, Brandon, Britton, Brooks, 
 Burkett, Chowning, Cummings, Deavenport, Dibbrell, Dromgoole, 
 Fielder, Finley, Gaut, Gibson, Hill of Warren, Hill of Gibson, 
 Jones of Lincoln, Ivie, Mabry, McNabb, Morris, Meeks, Parker, 
 Porter of Haywood, Sample, Shepard, Stephens, Taylor, Thompson 
 of Maury, Walters and Warner 33. 
 
 Mr. WILLIAMSON stated, when his name was called, that he had 
 paired o^fwith Mr. Nicholson, and was, in consequence, excused 
 
 from voting. 
 
 i 
 
 LEAVE OF ABSENCE 
 
 Mr. TURNER asked and obtained leave of absence for Mr. Cypert. 
 Mr. NETHERLAND asked and obtained leave of absence for Mr. 
 Ivie on account of sickness. 
 16 
 
242 
 
 On motion of Mr. WILLIAMSON, leave of absence was granted 
 Mr. Blackburn for four days of next week. 
 
 Mr. CAMPBELL offered the following resolution : 
 
 Resolved^ That when this Convention adjourn for recess this day, 
 the Delegates proceed in a body to the residence of Mrs. President 
 Polk for the purpose of paying their- respects to her. 
 
 On motion of Mr. JOXES, of Lincoln, the rules were suspended,, 
 and the resolution adopted. 
 
 TO CHANGE THE RULES. 
 
 Mr. FENTRESS called up the resolution of Mr. Brown, of David- 
 son, in relation to the previous question. 
 
 On motion of Mr. McDouGAL, the resolution was amended by 
 striking out the words : "The rule authorizing the previous ques- 
 tion be and the same is hereby repealed." 
 
 On motion of Mr. HOUSE, of Williamson, the resolution was 
 further amended by adding the words " table/' " or call for the pre- 
 vious question/ 7 And the resolution, as thus amended, was adopted 
 by the Convention. 
 
 THE SCHEDULE FURTHER CONSIDERED. 
 
 The Convention proceeded to the consideration of the unfinished 
 business of yesterday, the schedule proposed by the Judiciary 
 Committee, and the proposed amendment thereto and at 1 o'clock 
 took a recess until 2J o'clock p. M. 
 
 AFTERNOON SESSION. 
 The President called the Convention to order at 2J- o'clock p. M. 
 
 xo QUORUM. 
 
 Mr. BROWN, of Davidson, moved for a call of the Con vent Ion. 
 when the following Delegates were found to be absent : 
 
 Messrs. Allen, Arledge, Bate, Blackburn, Brooks, Burton, Camp- 
 
243 
 
 boll, Carter, Chowmng, Cypert, Doherty, Fentress, Fielder, Gar- 
 ner, Guut, Hill of Gibson, House of Williamson, House of Mont- 
 gomery, I vie, Jones of Giles, Kennedy, Key, Mabry, McDougal, 
 Martin, Meeks, Netherland, 'Nicholson, Porter of Henry, Sej'.y, 
 Shepard, Shelton, Stephens, Taylor, Thompson of Davidson, Thomp- 
 son of Maury, Turner, Walters and Williamson 39. 
 
 There not being a quorum present, the Convention adjourned un- 
 til Monday morning, at 9J o'clock. 
 
 MONDAY MORNING, FEBRUARY 7, 1870. 
 
 The Convention met pursuant to adjournment, Mr. Presk^nt 
 BROWN in the Chair. 
 
 Prayer by the Rev. Dr: SUMMERS. 
 
 The Journal of Saturday was read, corrected and approved. 
 
 i 
 
 MEMORIALS AND PETITIONS. 
 
 Mr. BROWN, of Davidson, presented a memorial in favor of erect- 
 ing a new county out of portions of Madison, Henderson, Hardeman 
 and McNairy counties, which, without being read, was referred to 
 the Committee on new Counties and County Lines. 
 
 Mr. FINLEY presented a remonstrance against the formation of a 
 new county out of portions of the counties of Blount, Roane ami 
 Monroe, which, without being read, was referred to the Committee 
 on New Counties and County Lines. 
 
 Mr. GIBSON presented a memorial signed by seventy-six mem- 
 bers of the General Assembly and by a large number of citizens, 
 praying the creation of a new county out of portions of the coun- 
 ties of Roane, Monroe and Blount, which, without being read. 
 referred to the Committee on New Counties and Countv Lines. 
 
244 
 
 Mr. NETHERLAND presented a memorial from a large number of 
 citizens, praying an amendment to the Constitution, giving the 
 qualified voters of civil districts and towns the right to say 
 whether spirituous liquors shall be manufactured, and sold in their 
 limits, which, without being read, was referred to- the Committee on 
 Miscellaneous Provisions. 
 
 Mr. TAYLOR presented a memorial from sundry citizens, praying 
 the creation of a new county out of portions of the counties of 
 Henderson, Hardeman, Madison and McNairy, which, without 
 being read, was referred to the Committee on New Counties and 
 County Lines, 
 
 LEAVE TO VOTE. 
 
 Messrs. ARLEDGE and IVIE asked and obtained leave to record 
 their votes against the amendment conferring the appointment of 
 Clerks and Masters on the Chancellors. 
 
 THE SCHEDULE FURTHER CONSIDERED, 
 
 The Convention proceeded to the consideration of the unfinished 
 business of Saturday. 
 
 On motion of Mr. BROWN, of Henry, etc., the amendment of 
 Mr. Dromgoble to the Schedule was laid on the table. 
 
 Mr. BROWN, of Henry, etc., moved to lay the amendment of Mr. 
 Key, offered in lieu of Mr. Seay's amendment to the Schedule on 
 the table. 
 
 Mr. KEY demanded the yeas and nays, which were ordered, and 
 the motion to lay on the table sustained. 
 
 Yeas. , 54 
 
 Nays , 11 
 
 Those voting in the affirmative are : 
 
 Messrs. Arledge, Baxter, Blizard, Brandon, Branson, Britton, 
 Brown of Henry, etc., Burton, Byrne, Campbell, Carter, Chowning., 
 Cummings, Deaderick, Deavenport, Dibbrell, Doherty, Dromgoole, 
 Fentress, Fielder, Finley, Gardner, Garner, Gaut, Gibbs, Gibson, 
 Gordon, Heiskell, Henderson, Hill of Warren, Hill of Gibson, 
 Ivie, Kyle, Mabry, McDougal, McNabb, Meeks, Morris, Nether- 
 land, Nicholson, Parker, Porter of Henry, Sample, Seay, Shelton, 
 Staley, Stephens, Taylor, Thompson of Davidson, Thompson of 
 Maury, Walters, Warner, Williamson and Wright 54. 
 
 Those voting in the negative are : 
 
 Messrs. Bate, Brooks, Brown of Davidson, Coffin, House of 
 
245 
 
 Montgomery, dr., Jones of Lincoln, Kennedy, Key, Kirkpatrick, 
 Porter of Hay wood, and Turner 11. 
 
 Mr. PORTER, of Henry, offered the following in lieu of Mr. 
 Seay's: 
 
 Section 1. That no inconvenience may arise from a change of the 
 Constitution, it is declared that the Governor of the State and mem- 
 bers of the General Assembly shall hold their offices until the ex- 
 piration of their present term of service ; all other officers except 
 those elected at the general election of March, 1870, shall vacate 
 their places on the ratification of this Constitution ; Provided, That 
 the last-named officers be elected for the constitutional term from the 
 day of the general election of civil officers fixed in this Constitution. 
 
 Mr. SEAT demanded the yeas and nays on the adoption of Mr. 
 Porter's amendment in lieu, which were ordered, and Mr. Porter's 
 amendment was adopted in lieu of Mr. Seay's. 
 
 Yeas 45 
 
 Nays 24 
 
 Those voting in the affirmative are : 
 
 Messrs, Allen, Arledge, Baxter, Blizard, Brandon, Britton., 
 Brown of Henry, etc., Burton, Campbell, Carter, Chowning, Cam- 
 mings, Deaderick, Deavenport, Dibbrell, Doherty, Dromgoole, Fen- 
 tress, Fielder, Fulkerson, Gardner, Gaut, Gibbs, Gordon, Heiskell, 
 Henderson, Hill cf Warren, Hill of Gibson, Ivie, Kyle, Mc- 
 Dougal, McNabb, Meeks, Netherland, Nicholson, Porter of Henry, 
 Shelton, Stephens, Taylor, Thompson of Davidson, Thompson of 
 Maury, Walters, Warner, Williamson and Wright 45, 
 
 Those voting in the negative are: 
 
 Messrs. Bate, Branson^ Brooks, Brown of Davidson, Byrne, Cof- 
 fin, Finley, Garner, Gibson, House of Williamson, House of Mont- 
 gomery, etc., Jones of Lincoln, Kennedy, Key, Kirkpatrick, 
 Mabry, Morris, Parker, Porter of Hay wood, Sample, Seay, Shep- 
 ard, Staley and Turner 24. 
 
 Mr. GARNER proposed the following amendment to Mr. Porter's 
 amendment : 
 
 After the word " Assembly " in the 6th line, insert the words 
 " except the Executive officers who may be elected by the present 
 General Assembly." 
 
 Which was adopted by the Convention. 
 
 Mr. GARDNER submitted the following amendment to Mr. Pok- 
 er's amendment : 
 
 After the word "places" in the 12th line, strike out the words 
 l< the ratification of this Constitution" and insert the following 
 
246 
 
 words, " thirty days after the day of the general election of civil 
 
 officers under this Constitution." 
 
 Which was adopted by the Convention. 
 
 Mr. IVIE proposed to amend Mr. Porter's amendment by insert- 
 ing after the words " General Assembly/ 7 " County and Circuit 
 Court Clerks and Justices of the Peace." 
 
 Mr. POUTER, of Henry, moved to lay the amendment of Mr. I vie 
 on the table. 
 
 Mr. IVIE modified his amendment so as to except Justices of the 
 Peace only, and demanded the yeas and nays, which were ordered,, 
 but the hour of recess having arrived, the vote was postponed, and 
 the Convention took a recess until 2J o'clock. 
 
 AFTERNOON SESSION. 
 
 A vote was taken upon Mr. PORTER'S motion to lay Mr. 
 amendment on the table, and the motion sustained. 
 
 Yeas 38 
 
 Nays 20 
 
 Those voting in the affirmative are : 
 
 Messrs. Allen, Baxter, Blizard, Britton, Brown of Henry, etc. ? 
 Burkett, Burton, Campbell, Cummings, Deavenport, Dibbrell, 
 Dromgoole, Fentress, Fielder, Fulkerson, Gardner, Garner, Gaut 7 
 Gibbs, Heiskell, Henderson, Hill of Warren, House of Williamson, 
 Kyle, McDougal, McNabb, Meeks, Morris, Netherland, Nicholson,. 
 Porter of Henry, Seay, Shelton, Stephens, Taylor, Thompson of 
 Maury, Walters, Williamson and Wright 38. 
 
 Those voting in the negative are : 
 
 Messrs. Brandon, Branson, Brooks, Brown of Davidson, Byrne, 
 Doherty, Gibson, Hill of Gibson, House of Montgomery, etc., Ivie, 
 Jones of Lincoln, Kennedy, Key, Kirkpatriek, Parker, Porter of 
 Haywood, Sample, Turner and Warner 20. 
 
247 
 
 Mr, I VIE offered to amend by inserting after the words " General 
 
 mbly" "County and Circuit Court Clerks." 
 Mr. BURKETT moved to lay the amendment on the table. 
 Mr. I VIE demanded the yeas and nays, which were ordered, and 
 rhe motion to lay on the table sustained. 
 
 37 
 
 Nays..! 27 
 
 Those voting in the affimative are : 
 
 Messrs. Bate, Baxter, Blizard, Brown of Henry, etc., Burkett, 
 Burton, Campbell, Carter, Cummings, Deavenport, Dibbrcll, 
 Dromgoole, Fentress, Fielder, Fulkerson, Gardner, Gaut, Gibbs, 
 Heiskell, Hill of Warren, Hill of Gibson, Kyle, Mabry, Mc- 
 Dougal, McXabb, Meeks, Morris, Netherland, Nicholson, Porter of 
 Henry, Seay, Shelton, Stephens, Taylor, Thompson of Davidson, 
 Walters and Wright 37. 
 
 Those voting in the negative are : 
 
 Messrs. Brandon, Branson, Britton, Brooks, Brown of Davidson, 
 Byrne, Coffin, Doherty, Finley, Garner, Gibson, House of Mont- 
 gomery, etc., Ivie, Jones of Lincoln, Kennedy, Key, Kirkpatrick, 
 Parker, Porter of Hay wood. Sample, Shepard, Staley, Thompson 
 of Maurv, Turner, Warner, Williamson and President Brown 
 27. 
 
 The first clause of Section 1 of the schedule was adopted. 
 
 Mr. WRIGHT moved to reconsider the vote adopting the clause, 
 and further moved to lay the motion to reconsider on the table, 
 which latter motion was rejected by the Convention. 
 
 Mr. WRIGHT then withdrew his motion to reconsider. 
 
 Mr. HOUSE, of Montgomery, etc., offered the following in lieu of 
 the 2nd, 3rd and 4th clauses of the 1st Section of Schedule. 
 
 So much of this Constitution as provides for the election of per- 
 manent Judges of the Supreme Court, shall not go into operation 
 until the first Saturday in March, 1871. Immediately alter the 
 ratification of this Constitution the Legislature shall, by joint bal- 
 lot, elect nine temporary Judges, three from each Grand Division 
 of the State, who shall constitute the Supreme Court, until the first 
 Saturday in March, 1871, and until the election and qualification of 
 the permanent Supreme Court provided for in the Constitution. 
 
 The compensation of each of said temporary Judges shall be four 
 thousand dollars for their entire term of service. Said Judges shall 
 sit in three sections of three each, and shall hear ynd determine 
 
248 
 
 causes at the same time; but they shall not sit in different grand di- 
 visions at the same time. 
 
 Mr. FEXTRESS offered the following in lieu of Mr. House's 
 amendment, and of paragraphs 2, 3 and 4 of the Schedule : 
 
 In order to dispose of the accumulated business, there shall be 
 elected three Judges by the qualified voters of each grand division 
 of the State, who shall hold their offices until the first day of Jan- 
 uary, 1872, unless the business is sooner disposed of; three of whom 
 shall sit in Jackson, three in Nashville, and three in Knoxville, 
 and hear causes and deliver their opinions in the same manner as 
 the Supreme Court now does ; and the Clerks of each of these 
 Courts shall, within ten days after the decision of each case, in 
 which a written opinion is delivered, transmit the record and briefs 
 and opinion therein, to the regular Judges of the Supreme Court 
 at Nashville, who, until the first of January, 1872, shall act as a re- 
 vising Court, approving the decisions of the temporary Courts, 
 hereinbefore provided for, or disapproving them, and rendering 
 such judgment as should have been rendered; Provided, that no ar- 
 gument shall be made before the revising Court, nor shall any other 
 brief be presented or read save such as were presented to the 
 temporary Court on the trial ; and that on the first day of Jan- 
 uary, 1872, or as soon as the business of the three temporary Courts 
 herein established shall cease, and the regular Supreme Judges shall 
 resume their proper duties, holding their Courts at Knoxville^ 
 Nashville and Jackson, as the Supreme Court of Tennessee. 
 
 Mr. FENTRESS subsequently withdrew his amendment. 
 
 Mr. HEISKELL, offered the following in lieu of Mr. House's 
 amendment, and of the second, third and fourth paragraphs of the 
 Schedule : 
 
 At the first election of Judges under this Constitution, there shall 
 be elected two Judges of the Supreme Court from each grand di- 
 vision of the State, who shall hold their offices for the term herein 
 prescribed. In the event, however, that at any time after the first 
 day of January, 1873, if any vacancy shall occur in the office of 
 Supreme Judge, it shall remain unfilled, and the Court shall from 
 that time be constituted of five Judges. 
 
 While the Court shall consist of six Judges, they may sit in two 
 sections, and hear and determine causes in each at the same time, 
 but not in different grand divisions at the same time. In each sec- 
 tion two Judges shall be necessary to a decision ; Provided, that the 
 office of the sixth Judge may be vacated after January 1, 1873, in 
 such manner and at such time as shall be determined by the Legis- 
 lature. 
 
 Mr. HOUSE'S amendment was laid on the table. 
 
249 
 
 Mr, HEISKELL'S amendment was then adopted by the Conven- 
 tion. 
 
 On motion of Mr. BURTON, the amendment of Mr. Hciskell was 
 amended by striking out the proviso. 
 
 Mr. BROOKS demanded the yeas and nays upon the adoption of 
 Mr.Heiskell's amendment to the Schedule, which were ordered, and 
 the amendment adopted. 
 
 Yeas 52 
 
 Nays .18 
 
 Those voting in the affirmative are: 
 
 Messrs. Allen, Arledge, Bate, Baxter, Blizard, Britton, Brown of 
 Davidson, Brown of Henry, etc., Burkett, Burton, Byrne, Camp- 
 bell, Chowning, Coffin, Cypert, Deaderick, Doherty, Dromgoole, 
 Fentress; Fielder, Fulkerson, Gardner, Gaut, Gibbs, Gordon, Heis- 
 kell, Henderson, Hill of Warren, Hill of Gibson, House of Mont- 
 gomery, etc., Ivie, Kirkpatriek, Mabry, McDougal, McNabb, Mor- 
 ris, Netherlanci, Nicholson, Porter of Haywood, Porter of Henry, 
 Seay, Shepard, Shelton, Stephens, Taylor, Thompson of Davidson, 
 Thompson of Maury, Turner, Walters, Williamson, Wright and 
 President Brown 52. 
 
 Those voting in the negative are: 
 
 Messrs. Brandon, Branson, Brooks, Cummings, Deavenport, Dib- 
 brell, Finley, Garner, Gibson, House of Williamson, Kennedy, 
 Key, Kyle, Meeks, Parker, Sample, Staley and Warner 18. 
 
 Mr. DIBBRELL offered the following amendment to the Schedule: 
 The first election for Judges of the Supreme Court, Chancellors, 
 Circuit and other Judges and District Attorneys, after the ratifica- 
 tion of this Constitution, shall be held on the last Thursday in July, 
 1870. 
 
 Mr. GIBSON demanded the yeas and nays upon the adoption of 
 the amendment, which were ordered, and the amendment adopted. 
 
 Yeas 50 
 
 Nays 17 
 
 Those voting in the affirmative are : 
 
 Messrs. Allen, Arledge, Bate, Baxter, Blizard, Brandon, Brit- 
 ton, Brooks, Brown of Henry, etc., Burkett, Burton, Byrne, Camp- 
 bell, Chowning, Cummings, Deaderick, Deavenport, Dibbrell, 
 Doherty, Dromgoole, Fielder, Fulkerson, Gardner, Gaut, Gibbs, 
 Gordon, Henderson, Hill of Warren, Hill of Gibson, House of 
 Williamson, Kirkpatriek, Kyle, McDougal, McNabb, 
 
250 
 
 Netherland, Nicholson, Porter of Hay wood, Porter of Henry, Seay. 
 Shepard, Shelton, Stephens, Taylor, Thompson of Davidson, 
 Thompson of Maury, Walters, Warner, Williamson and Wright 
 50. 
 
 Those voting in the negative are : 
 
 Messrs. Branson, Brown of Davidson, Coffin, Cypert, Fentress, 
 Garner, Gibson, Heiskell, House of Montgomery, etc., Ivie, Ken- 
 nedy, Key, Mabry, Morris, Sample, Staley and Turner 17. 
 
 Mr. BURTON entered a motion to reconsider the vote adopting 
 the amendment; which lies over. 
 
 On motion of Mr. NICHOLSON, the Schedule and the amend- 
 ments adopted thereto were re-committed to the Committee on the 
 Judiciary. 
 
 On motion of Mr. THOMPSON, of Maury, the Convention ad- 
 journed until to-morrow morning at 9J o'clock. 
 
 TUESDAY MORNING, FEBRUARY 8, 1870. 
 
 The Convention met pursuant to adjournment, Mr. President 
 BROWN in the Chair. 
 
 The Journal of yesterday was read and approved. 
 
 MEMORIALS AND PETITIONS. 
 
 Mr. IVIE presented a memorial from a number of citizens of 
 Bedford County, praying that the Constitution be so amended, that 
 towns and civil districts shall have power, by vote, to prevent the 
 sale of spirituous liquors in their limits, which was reud and re- 
 ferred to the Committee on Miscellaneous Provisions. 
 
 Mr. BRANDON presented a memorial from sundry citizens of 
 S tewart County, praying that the Constitution be so amended that 
 
251 
 
 old counties, in the formation of new ones, may be reduced to four 
 hundred square miles, which, without being read, was referred to' 
 the Committee on New Counties and County Lines. 
 
 Mr. THOMPSON, of Maury, presented the following memorial : 
 
 Your memorialist states that the Bank of Tennessee is the holder 
 of two notes drawn by Isaac M. Jamieson ; the first, dated January 
 1(3, 1862, for two hundred dollars, and payable at four months; the 
 second is dated February 12, 1862, for two hundred dollars, and 
 also payable at four months. The Bank of Tennessee assigned 
 these notes after they had become due, and when said Bank was in- 
 solvent, to Samuel Watson, in trust for the benefit of its creditors. 
 Subsequent to said assignment the said Watson instituted separate 
 suits upon said notes in the Circuit Court of Maury County, where 
 the same are now pending." The said Isaac M. Jamieson hath since 
 the institution of said suits departed, this life intestate, and your 
 memorialist is his administrator. Your memorialist now states that 
 since his appointment he has tendered to the attorney and agent of 
 said Bank, and said Watson, payment of said notes, and the legal inter- 
 est thereon to date of tender, in the bills and notes of said Bank issued 
 prior to the assignment made to the said Watson, and said Watson 
 and said agent refuses to accept the tender so made, alleging that the 
 bills and notes so tendered by your memorialist were issued by the 
 Bank after the 6th day of May, 1861, and that being so issued 
 they have been declared by the amendment made to the Constitu- 
 tion of the State, and adopted in February. 1865, to be illegal and 
 void. Your memorialist states that he has been informed and be- 
 lieves that the Judges of the courts of Tennessee believe and hold 
 that said amended Constitution is a law unto them which they are 
 not at liberty to disregard. 
 
 Your memorialist is informed that Section 6, of the schedule 
 adopted as a part of the Constitution of the State, in February, 
 }$()'), and to which said agent of the Bank, in refusing to accept 
 the tender aforesaid referred is in violation of Section 10, Article I, 
 of the Constitution of the United States ; and is also in conflict 
 with Section 20, of the Bill of Eights of the Constitution of the 
 State, said Section 6, does " impair the obligation of a contract " as 
 must be evident to the mind of every one. It takes away the rights 
 and equities secured to the holders of the bills and notes of the 
 Bank under the general Banking law of the State, adopted by the 
 General Assembly in 1857-8. The rights that belonged to the 
 holder of the note of the Bank as a payee, and the rights and equi- 
 that belonged to him us debtor of the Bank were vested and 
 <-t prior to the adoption of said amendment. Yet, as your 
 body well knows, your memorialist cannot test the question involv- 
 ed herein (if at all) in the Courts oi' the United States without 
 , ;cnse to himself and his estate. His condition in this re- 
 
252 
 
 gard is that of hundreds of other citizens of Tennessee, who are 
 debtors to the Bank. Your memorialist is informed that said Sec- 
 tion 6, of the amended Constitution, was adopted under the belief 
 that the issue made by the Bank, after May 6, 1861, was made with 
 a view of aiding the rebellion. But your memorialist is informed 
 and so believes, that the issue was made for no such purpose, and 
 was in fact not so used or circulated. On the contrary, the issue 
 was made to meet the wants and necessities of the people of Ten- 
 nessee, owing to the suspension and insolvency of the Banks of 
 neighboring States that had previous thereto supplied a large por- 
 tion of the currency of the State. Your memorialist is informed, 
 and so believes, that this alledged new issue was paid out by the 
 Bank to its customers without regard to date of issue and in pay- 
 ment of its debts to depositors and other creditors, and not other- 
 wise. 
 
 Under these facts your memorialist submits to the Convention that 
 inasmuch as the faith of the State was pledged to make good any of 
 the deficiencies, or losses, made by said Bank, and inasmuch as great 
 injustice is done Mm, and others in like condition, by said amend- 
 ment; that it is equitable, legal and in obedience to the Constitu- 
 tion of the United States that said amendment should be stricken 
 out, and if no more be done, that at least your memorialist should 
 be left unembarrassed by such provision to litigate his rights before 
 the Courts of the State. It is submitted that it must be apparent 
 that the State (the State being the ultimate party to be benefitted 
 under the guarantees as contained in the charter of said Bank) is 
 seeking, by the collection of the notes given by your memorialist's 
 intestate, to avail itself of the acts of the officers of said Bank 
 after May 6, 1861, where it is to be benefitted, and that it seeks to 
 repudiate the acts of said officers where it is likely to be injured. 
 Your memorialist feels assured that such a position is not a just one 
 to the State ; wherefore, he prays that said amendment, repugnant, as 
 aforesaid, to the Constitution of the United States be stricken from 
 the Constitution of the State of Tennessee. 
 
 E. H. JAMIESON, 
 
 Administrator. 
 
 Which was read and referred to the Committee on the Judiciary. 
 
 RESPECT TO MRS. JUDGE CATRON. 
 
 Mr. NETHERLAND offered the following resolution : 
 
 Resolved, That a committee of three be appointed to wait on 
 Mrs. Catron, the w r idow of the late Chief Justice, and ascertain and 
 report when it would suit her convenience to receive a visit of re- 
 spect from this body. 
 
2-53 
 
 On motion of Mr. NETHKRLAND the rules were suspended and 
 the resolution adopted. 
 
 PROTEST r 
 
 Mr. GIBSON presented the following 
 
 The undersigned cannot consent to the removal of all the Judges, 
 Chancellors, Attorneys for the State. Justices of the Peace, Supreme, 
 Chancery, Circuit and County Court Clerks and Registers without 
 entering a respectful, yet decided protest: 
 
 The undersigned do not subscribe to the doctrine, here dogmati- 
 cally promulgated, that the amending of a Constitution, ipso facto, 
 vacates every office in the State not expressly allowed to remain 
 filled. The undersigned admit that, if there be any office incom- 
 patible with the Constitution as amended, or if there be any office 
 the tenure or duties whereof, or the qualifications wherefor, are 
 fundamentally,, changed, then would such office be abolished or 
 vacated ; but the undersigned go no further, and the undersigned 
 maintain that this is the true doctrine : Where the amendments to 
 a Constitution do not materially change the duties or tenure of an 
 office, or the manner of filling the same, or the qualifications there- 
 for, that thien such office continues undisturbed, and its occupant is 
 neither necessarily nor impliedly ousted. In other words, where the 
 office is, in all its essentials, precisely the same in the old as in the 
 amended Constitution, there the office and its incumbent remain 
 precisely the same as though the old Constitution was still in full 
 force. Because, by ratifying the amendments the people do not 
 thereby make a new Constitution : they merely accept the old Con- 
 stitution as amended. Their ratification vitalizes the amendments 
 only : for the body of the Constitution was already vitalized and the 
 amendments are merely engrafted on this already vitalized body. 
 Suppose this Convention had done nothing but make every man a 
 voter and liable to poll tax and military duty, would any one have 
 maintained that the adoption of these amendments would ipso facto 
 vacate every office in Tennessee ? 
 
 Having disposed of the political heresy that the adoption of this 
 amended Constitution, ipso facto, vacates all the offices in the State, 
 the undersigned would enumerate the following additional reasons 
 for their vote against the removal of said officers : 
 
 1st. The vacation of said offices was not an issue before the people 
 when the delegates where elected : and to vacate these offices is no 
 irt of the professed object of this Convention. 
 
 2nd. The vacation of the offices of Judge, Chancellor and States 
 Attorney is a direct violation of political faith, said offices having 
 been recently filled by a popular election demanded and brought on 
 
by the very men who now seek to empty them again, seek indeed to 
 empty them before fully warmed by their new occupants ! 
 
 3rd. The vacation of the offices of Justice, Court Clerks and 
 Register is an act of littleness, of petty persecution, utterly unworthy 
 the dignity of a Constitutional Convention, especially when that 
 Convention in no single particular changes the term or tenure of 
 said offices, the method of filling the same, or the qualifications 
 therefor. 
 
 4th. The vacation of all of said offices will be construed by the 
 Eepublicans as a direct partisan blow at them, and as an exhibition 
 of political malice, prompted only by a desire for party vengeance. 
 And thus will strife be perpetuated in Tennessee. 
 
 5th. The vacation of said offices is the basest ingratitude to those 
 members of the Republican party, who made this Convention pos- 
 sible, by putting the ballot in the hands of the disfranchised. But 
 those Republicans never dreamed that the weapbn they restored 
 would be used to strike down those who restored it. It sounds like 
 the old story of the viper stinging the bosom that had warmed it 
 into life. 
 
 6th. The vacation of said offices is in violation of all good prece- 
 dents, is not required by the necessities of the times, is an ingenious 
 device to put out "the ins" and to put in "the outs," it is a, beginning 
 that may be dangerous in its ending, and as a political invention 
 may yet "torment the inventor." 
 
 7th. The vacation of said offices is a summary and ex-parte 
 judgement of condemnation pronounced alike on the just and the 
 unjust, the worthy and the unworthy. If any of the incumbents 
 of said offices deserve removal, the amplest power to remove already 
 exists. This summary removal is an act of tyranny, an d, as made, 
 is inviolation of the Constitution of the United States. 
 
 8th. The vacation of said offices will make the North distrust the 
 South, will be deemed a proclamation of war against Union men, 
 will discourage immigration to the State, will prevent the investment 
 of -capital and the development of our resources, will postpone the 
 general removal of Constitutional disabilities by Congress, will give 
 additional reasons for federal intervention, and will delay the return 
 of peace and harmony and the ultimate restoration of the Union. 
 
 The undersigned therefore protest against the vacation of said 
 offices, or any of them, and ask that this, their protest be spread 
 upon the Journal. 
 
 HENRY R. GIBSON, 
 JAS. W. BRANSON, 
 W. B. STALEY, 
 J. C. PARKER, 
 W. H. FINLEY, . 
 JOS. H. BLACKBURN. 
 
255 
 
 tJNTY SUBSCRIPTION. 
 
 Mr EfiLAND offered the following resolution: 
 
 Jtcxohrd, That the Counties of Grainger, Hawkins, Hancock, 
 
 M, Campbell, Scott, Morgan, Grundy, Sumrier, Smith, Fen- 
 
 VanBuren, White, Putnam, Overtoil, Jackson, Cumberland, 
 
 e, Cocke, Macon, Anderson, Henderson, Roane, Wayne and 
 
 Marshall, be excepted out of the provisions of Article II, Section 
 
 29, of the Constitution, and that the assent of a majority of the 
 
 qualified voters of either of said counties, voting on the question, 
 
 shall be- sufficient when the credit of said county is given or loaned 
 
 to any person, association, or corporation. 
 
 Mr. RUOAVX, of Davidson, offered the following amendment to 
 Mr. Netherlands resolution : 
 
 Provided, That the exception of the counties, above named, shall 
 not be in force beyond the year 1880, and after that period they 
 shall be subject to the three-fourths majority applicable to the other 
 counties of the State. 
 
 Which was accepted by Mr. NETHERLAND. 
 
 Mr. HOUSE, of Montgomery, moved to lay the resolution on the 
 table. 
 
 Mr. JONES, of Lincoln, demanded the yeas and nays, which 
 were ordered, and the motion to lay on the table rejected. 
 
 Yeas 18 
 
 Nays 54 
 
 Those voting in the affirmative are : 
 
 Messrs. Arledge, Bate, Blizard, Burkett, Carter, Doherty, Drom- 
 goole, Fentress, Fielder, Hill of Warren, Hill of Gibson, House of 
 Montgomery, etc., Jones of Lincoln, Kennedy, Morris, Porter of 
 Henry, Shelton and Stephens 18. 
 
 Those voting in the negative are : 
 
 Messrs. Allen, Baxter, Brandon, Branson, Britton, Brooks, 
 
 son, Gordon, Heiskell, Henderson, House of Williamson, Ivie, 
 Jones of Giles, Key, Kirkpatrick, Kyle, Mabry, McDougal, 
 McNabb, Meeks, Nether-land, Nicholson, Parker, Porter of Hay- 
 wood, Sample, Seay, Shepard, Staley, Taylor, Thompson of David- 
 son, Thompson of Maury, Turner, Walters, Warner, Williamson 
 and Wright 54. 
 
 Mr. Goi:i>ox moved to refer the resolutions to the Judiciarv 
 
256 
 
 Committee, with instructions to report a provision that, under the 
 authority of an act of the Legislature, the excepted counties, by a 
 vote of the majority of the freehold and personal property tax-payers 
 thereof, may loan their credit to railroad companies. 
 
 Mr. GARNER demanded the yeas and nays on the adoption of 
 Mr. Gordon's resolution, which were ordered, and the resolution re- 
 jected. 
 
 Yeas 9 
 
 Nays 61 
 
 Those voting in the affirmative are : 
 
 Messrs. Allen, Arledge, Gibbs, Gordon, House of Montgomery, 
 etc., Jones of Lincoln, Kennedy, McDougal and Meeks 9. 
 
 Those voting in the negative are : 
 
 Messrs. Bate, Baxter, Blizard, Brandon, Branson, Britton, 
 Brooks, Brown of Davidson, Brown of Henry, etc., Burkett, Bur- 
 ton, Byrne, Campbell, Carter, Chowning, Coffin, Cummings, Cypert, 
 Deaderick, Deavenport, Dibbrell, Doherty, Dromgoole, Fentress, 
 Fielder, Finley, Fulkerson, Gardner, Garner, Gaut, Gibson, Heis- 
 kell, Henderson, Hill of Warren, Hill of Gibson, House of Wil- 
 liamson, Ivie, Key, Kirkpatrick, Kyle, Mabry, McNabb, Morris, 
 Netherlancl, Nicholson, Parker, Porter of Haywood, Porter of 
 Henry, Sample, Seay, Shepard, Shelton, Staley, Taylor, Thompson 
 of Davidson, Thompson of Maury, Turner, Walters, Warner, Wil- 
 liamson and Wright 61. 
 
 Mr. SHEPARD demanded the yeas and nays on the adoption of 
 Mr. Netherlands resolution, which were ordered, and the resolution 
 adopted. 
 
 Yeas 48 
 
 Nays ! 26 
 
 Those voting in the affirmative are : 
 
 Messrs. Allen, Bate, Baxter, Brandon, Branson, Britton, Brooks, 
 Brown of Davidson, Byrne, Campbell, Chowning, Coffin, Cum- 
 mings, Cypert, Deaderick, Dibbrell, Fentress, Finley, Fulkerson, 
 Gardner, Garner, Gaut, Gibbs, Gibson, Gordon, Heiskell, Ivie, 
 Jones of Giles, Key, Kirkpatrick, Kyle, Mabry, McDougal, 
 McNabb, Netherland, Nicholson, Parker, Seay, Shepard, Staley, 
 Taylor, Thompson of Davidson, Thompson of Maury, Turner, 
 Walters, Warner, Williamson and Wright 48. 
 
 Those voting in the negative are : 
 
 Messrs. Arledge, Blizard, Brown of Henry, etc., Burkett, Burton, 
 Carter, Deavenport, Doherty, Dromgoole, Fielder, Henderson, Hill 
 

 257 
 
 of Warren, Hill of Gibson, House of Williamson, House of Mont- 
 gomery, etc., Jones of Lincoln, Kennedy, Meeks, Morris, Porter of 
 Haywood, Porter of Henry, Sample, Shelton and Stephens 26. 
 
 The resolution was ordered to be referred to the Committee on 
 Revision. 
 
 REPORT OF COMMITTEE ON ELECTIONS. 
 
 Mr. NICHOLSON, from the Committee on Elections and Suffrage, 
 made the following report : 
 
 The Committee on Elections and Suffrage have considered the 
 propositions of Messrs. Gordon and Gibson as to filling vacancies in 
 office, and have agreed, in pursuance of said propositions, to recom- 
 mend the Convention to adopt the following as Section 5, of Article 
 IV, of the Constitution. 
 
 ARTICLE IV. 
 
 Sec. 5. In filling vacancies in all offices under this Constitution, 
 or in those created by the Legislature, the appointment or election 
 shall be made for the unexpired term. And all officers, appointed 
 or elected, shall hold until their successors are appointed, or elected 
 and qualified. 
 
 All of which is respectfully submitted. 
 
 A. O. P. NICHOLSON, Chairman. 
 
 The amendment, recommended by the Committee on Elections 
 and Suffrage, was adopted, and ordered to be referred to the Com- 
 mittee on Revision. 
 
 REPORT ON FINANCE, ETC. 
 
 Mr. GARDNER, from the Committee on Finance, Internal Im- 
 provements and Corporations, made the following report : 
 
 The Committee have reconsidered their report, heretofore made 
 on the subject of interest, and have instructed me to ask leave to 
 withdraw the previous report on this subject, and submit the fol- 
 lowing in lieu : 
 
 INTEREST. 
 
 The legal rate of interest in this State shall be six per centum' 
 per annum, and shall be equal and uniform throughout the State ; 
 but any rate of interest shall be lawful which may be agreed upon 
 by the parties, and inserted in a written contract, not exceeding ten 
 per centum per annum. 
 
 All of which is respectfully submitted. 
 
 JOHN A. GARDNER, Chairman. 
 17 
 
258 
 
 On motion of Mr. HEISKELL, it was ordered that the report be 
 laid on the table for the present. 
 
 EESPECT TO MRS. CATRON. 
 
 The PRESIDENT announced the Committee to wait on Mrs. 
 Catron, to be : Messrs. Netherland, Jones of Lincoln and Gardner. 
 
 REPORT ON LEGISLATIVE DEPARTMENT FURTHER CONSIDERED. 
 
 The Convention resumed the consideration of the report of the 
 Committee on the Legislative Department. 
 
 Mr. KENNEDY offered the following amendment to Section 31, 
 as reported by the Committee : 
 
 " Nor shall any Bank be owned in whole or in part by the 
 State." 
 
 Mr. MABRY demanded the yeas and nays on the adoption of Mr. 
 Kennedy's amendment, which were ordered, and the amendment 
 adopted. 
 
 Yeas 45 
 
 Nays 23 
 
 Those voting in the affirmative are : 
 
 Messrs. Arledge, Bate, Baxter, Brandon, Branson, Britton, 
 Brooks, Brown of Davidson, Brown of Henry, etc., Byrne, Camp- 
 bell, Carter, Coffin, Cummings, Deaderick, Doherty, Fentress, 
 Fielder, Finley, Fulkerson, Garner, Gaut, Gibson, Gordon, Hill of 
 Warren, Hill of Gibson, House of Williamson, House of Mont- 
 
 f ornery, etc., Jones of Lincoln, Kennedy, Key, Kirkpatrick, 
 IcNabb, Morris, Parker, Porter of Haywood, Porter of Henry, 
 Sample, Seay, Staley, Stephens, Turner, Walters, Warner and Wil- 
 liamson 45. 
 
 Those voting in the negative are : 
 
 Messrs. Allen, Blizard, Burkett, Cypert, Deavenport, Dibbrell, 
 Dromgoole, Gardner, Gibbs, Heiskell, Henderson, I vie, Jones o 
 Giles, Kyle, Mabry, McDougal, Meeks, Netherland, Nicholson, 
 Taylor, Thompson of Davidson, Thompson of Maury and Wright 
 23. 
 
 The Convention took a recess until 2J o'clock. 
 
259 
 
 AFTERNOON SESSION. 
 
 The Convention resumed the consideration of the report of the 
 Committee on the Legislative Department. 
 
 Mr. KENNEDY offered the following as an independent section : 
 No bonds of the State shall be issued to any railroad company that 
 lias failed to pay and is now in default of paying the interest upon 
 bonds already issued to it, or that shall at any time before applica- 
 tion for such bonds, be in default of such payment, or that has sold 
 or absolutely disposed of any bonds issued to it for less than par. 
 
 On motion of Mr. FENTRESS, it was ordered that 100 copies be 
 printed for the use of the Convention, and that it be referred to the 
 Committee on Finance. 
 
 Mr. GIBSON offered the following amendment to Section 28 : 
 
 Insert the word " exclusively " after the word " used," in the 
 seoond line; and insert the words "and used" after the word 
 " held " in the same line. 
 
 Which was adopted by the Convention. 
 
 Mr. GIBSON offered the following amendment to Seection 28 : 
 
 Strike out the words " one thousand " after the word " except " 
 in the third line, and insert " five hundred." 
 
 Mr. MORRIS demanded the yeas and nays upon the adoption of 
 the amendment, which were ordered and the amendment rejected- 
 Yeas a 22 
 
 Nays 49 
 
 Those voting in the affirmative are : 
 
 Messrs. Brandon, Brooks, Brown of Davidson, Burkett, Burton, 
 Byrne, Chowning, Cypert, Fentress, Finley, Garner, Gibbs, Gibson, 
 Hill of Warren, Ivie, Mabry, Nicholson, Parker, Porter of Hay- 
 wood, Turner, Williamson and Wright 22. 
 
 Those voting in the negative are : 
 
 Messrs. Allen, Arledge, Bate, Baxter, Blizard, Brandon, Britton, 
 Brown of Henry, etc., Campbell, Carter, Coffin, Cummings, Dead- 
 erick, Deavcnport, Dibbrell, Doherty, Dromgoole, Fielder, Gard- 
 ner, Guut, Gordon, Heiskell, Henderson, Hill of Gibson, House of 
 W illiamson, House of Montgomery, etc., Jones of Lincoln, Jones 
 
260 
 
 of Giles, Kennedy, Key, Kirkpatrick, Kyle, McDougal, McNabb, 
 Meeks, Morris, INetherland, Porter of Henry, Sample, Seay, Shep- 
 ard, Shelton, Staley, Stephens, Taylor, Thompson of Davidson, 
 Thompson of Maury, Waiters and Warner 49. 
 
 Mr. CAKTER offered the following in lieu of Section 28 : 
 
 Article II, Section 28. All lands held by deed, grant or entry, 
 town lots, bank stocks, and such other property as the Legislature 
 may deem, from time to time, expedient, shall be taxable, except 
 such as may be held by the State, by counties, cities or towns, and 
 used for public or corporation purposes, and such as may be held 
 for purposes purely religious, charitable, scientific, literary or edu- 
 cational. All property shall be taxed according to its value, that 
 value to be ascertained in such manner as the Legislature shall di- 
 rect, so that the sum shall be equal and uniform throughout the 
 State. 
 
 No one species of property, from which a tax may be collected, 
 shall be taxed higher than any other species of property of equal 
 value. But the Legislature shall have power to tax merchants, 
 peddlers and privileges, in such manner as they may, from time to 
 time, direct. 
 
 The Legislature shall levy a special tax upon incomes derived 
 from stocks and bonds exempted by the laws of the United States 
 from taxation. 
 
 All male citizens over the age of twenty-one years shall be liable 
 to a poll-tax of not less than fifty cents nor more than one dollar 
 per annum, until such age as may be fixed by law. 
 
 Mr. THOMPSON, of Davidson, oifered the following amendment 
 to Section 28 : 
 
 Be it resolved, That between the words "taxed" and "except" 
 in the first line of Section 28, be inserted the words " but the Legis- 
 lature may" so that the section shall read : All property, real, per- 
 sonal or mixed, shall be taxed, but the Legislature may except, etc. 
 
 Mr. THOMPSON, of Maury, offered the following as an amendment 
 to Mr. Thompson's of Davidson : 
 
 In third line insert between the words "and" and "except" 
 the words "the Legislature may," so that the section will then read, 
 " and the Legislature may except personal property to the amount 
 of," etc. 
 
 "Which was decided to be out of order, as it was not germain to 
 the amendment it was intended to amend. 
 
 The amendment of Mr. THOMPSON, of Davidson, was adopted. 
 
 Mr. JONES, of Lincoln, offered the following in lieu of paragraph 
 1, Section 28 : 
 
261 
 
 All real estate and such personal property as the General As- 
 sembly shall designate, shall be taxed according to its value, except 
 su<rh as may be held by the State, by a county, a city or town, and 
 used tor State, county, city or town purposes, ani' such as may be 
 hold for purposes purely religious, charitable, scientific, literary or 
 educational. 
 
 Mr. THOMPSON, of Maury, again presented his amendment. 
 
 Mr. FENTRESS offered the following amendment : 
 
 Strike out of Section 28, lines three and four, the words "and 
 
 '.-xcopt one thousand dollars' worth of personal property in the 
 
 1 Kind s of each tax-payer." 
 
 The further consideration of the question was postponed until to- 
 morrow. 
 
 MERCHANTS' BANQUET. 
 Mr. STEPHENS presented and read the following letter 
 
 NASHVILLE, Feb. 8, 1870. 
 HON. JOHN C. BROWN, President, etc. 
 
 Dear Sir: The merchants of Nashville desirous 'of testifying 
 their high appreciation of the manly, conservative and patriotic ac- 
 tion of your honorable body upon all questions of public interest 
 upon which you have been called to deliberate, have unanimously 
 resolved to tender to you and through you to the members of the 
 Constitutional Convention, a complimentary dinner. You are, 
 ih(ii\ifoi\?, most csrdlilly invited to b'3 prasent at the merchants' 
 banquet, to be given in this city on next Tuesday. The exact time 
 and place will be indicated in the cards of invitation, which will be 
 presented to each member of the Convention as soon as they can be 
 prepared. 
 
 We have the honor to be, very respectfully, your obedient ser- 
 van ' 
 
 MATTHEW McCLUNG, 
 JOHN P. WHITE, 
 JOSEPH B. O'BRYAN. 
 
 Committee of Invitation. 
 
 Mr. STEPHENS presented the following preamble and resolu- 
 tions : 
 
 WHEREAS, The merchants of Nashville have tendered to the 
 members of this Convention an invitation to a complimentary din- 
 ner to be given by them ; therefore, 
 
 Resolved 1, That the Convention return their thanks for the in 
 vitation so kindly given, and will accept the same as tendered. 
 
262 
 
 Resolved 2, That the Secretary of the Convention furnish a copy 
 these proceenings to the Committee of Invitation. 
 
 The resolutions were adopted. 
 
 On motion of Mr. JONES, of Giles, the Convention adjoin 
 until to-morrow morning at 9J o'clocK. 
 
 WEDNESDAY MORNING, FEBRUARY 9, 1870, 
 
 The Convention met pursuant to adjournment, Mr. Presiu 
 BROWN in the Chair. 
 Prayer by the Rev. Mr. WELCHSLER. 
 The Journal of yesterday was read, corrected and approved. 
 
 MEMORIALS AND PETITIONS. 
 
 Mr. THOMPSON, of Davidson, presented the following memorial : 
 
 To the Constitutional Convention of the State of Tennessee, now sitting 
 at Nashville : s 
 
 Your memorialists would respectfully represent to your honor- 
 able body that circumstances have led them to examine the muni- 
 cipal laws of the State in comparison with other States on the sub- 
 ject of taxation and the sources of municipal revenue. We are 
 satisfied that municipal corporations ought to have the power to 
 discriminate in the selection of the species of property to be taxed, 
 and should have authority to exempt certain property taxed by the 
 State, from taxation by themselves and also with priviliges. But 
 by Section 28 of the Constitution, Article II, all property is to be 
 taxed according to its value, and no species of property from which 
 tax may be collected, shall be taxed higher than any other species 
 of property of equal value. The consequence is that every species 
 of property the State taxes, the Corporation taxes. By Section 1359 
 of the Code, Sub-Section 17, it will be seen that all property and 
 priviliges within its limits which are subject to taxation by the 
 
263 
 
 State, must be taxed by the Corporation; and so it is the ease in all 
 municipal corporations granted since the adoption of the Constitu- 
 tion. 
 
 Now, what we desire is that the existing Corporations shall have 
 the power to discriminate to tax one species of property, exempt 
 another, or put a lower rate on the one than another, and that the 
 Legislature should be empowered to grant charters allowing such 
 discriminations. That existing municipal corporations shall have 
 the power to levy a general tax on the city or town for corporation 
 purposes, and make a special assessment upon the property fronting 
 on a street for the improvement of the street, and shall have the 
 power to issue bonds for any particular purposes ; Provided, They 
 are authorized to do so by a majority of two-thirds of the voter* 
 of said corporation at the election held for that purpose, and that 
 they may levy a tax on priviliges or not as they may see proper. 
 
 And that in all municipal elections, a receipt for his poll tax shall 
 be exhibited and shown to the Judges of said election by the voters 
 to entitle them to vcte. 
 
 K. J. MORRIS, 
 
 Mayor of Nashville, 
 J. B. WHITE, 
 
 Mayor of Edgefield. 
 
 Which was read and referred to the Committee on Finance and 
 Corporations. 
 
 Mr. DIBBRELL presented a memorial from citizens of Sequatchie 
 county praying that said county be declared a Constitutional county, 
 which, without being read, was referred to the Committee on New 
 Counties and County Lines. 
 
 Mr. MARTIN presented a memorial from citizens of Grundy 
 county, praying to be attached to the county of Coffee, which, with- 
 out being read, wr s referred to the Committee on New Counties and 
 County Lines. 
 
 REPORT OF COMMITTEE. 
 
 Mr. NETHERLAND, from the Special Committee to wait on Mrs. 
 Catron, made the following report : 
 
 The Committee appointed to wait on Mrs. Judge Catron, to as- 
 certain when it would be convenient for her to receive a visit of re- 
 spect from this Convention, report : That they have performed the 
 duty assigned them, and that it will be convenient and agreeable to 
 Mrs. Cat roii to receive the delegates of the Convention on Friday, 
 llth instant, at 1-J o'clock, p. M. 
 
264 
 
 The Committee, therefore, recommend the adoption of the follow- 
 ing resolution : 
 
 Resolved, That the Convention, in a body, call on Mrs. Catron at 
 the time indicated in the report. 
 
 Which is respectfully submitted, 
 
 JOHN NETHERLAND. 
 
 Mr. SEAY, from the Committee on New Counties and County 
 Lines, made the following 
 
 REPORT : 
 
 "Which was read, and on motion of Mr. Taylor, it was ordered 
 that it be laid on the table, and 100 copies be printed for the use of 
 the Convention : 
 
 REPORT OF COMMITTEE ON NEW COUNTIES AND COUNTY LINES. 
 
 The Committee on New Counties and County Lines, to whom 
 were referred sundry propositions and memorials for the amendment 
 of the existing Constitution relating to said subjects, have had the 
 same under consideration, and have unanimously instructed me to 
 report the following amendments and recommend their adoption. 
 
 Taking up Article X, I am instructed to recommend that said 
 article be amended as follows : 
 
 Sec. 4. Strike out the words " three hundred and fifty " in the 
 second line, and insert the words " two hundred and fifty." Strike 
 out all of said section, after the word " miles," in the twelfth line, 
 and insert the following in lieu thereof: Provided, however, that 
 the following exceptions be made to the foregoing provisions, viz: 
 New counties may be established by the present, or any succeeding, 
 Legislature, out of the following territory, to-wit : 
 
 Out of that portion of Obion county which lies west of low water 
 mark of Reel Foot Lake : 
 
 Out of territory made up of fractions of Sumner, Macon and 
 Smith counties ; but no line of such county shall approach the 
 Court-house of Sumner county, nearer than nine and a half miles, 
 nor of Smith county, nearer than ten miles; nor shall any line 
 thereof include any territory of Macon county lying within nine 
 and a half miles of the Court-house of Macon county, nor shall 
 more than twenty square miles be taken from Macon county ; nor 
 shall the area of Sumner or Smith counties be reduced below four 
 hundred square miles, in the formation of said new county: 
 
 Out of territory made up of fractions of Jackson and Overtoil 
 counties; but no line of such county shall approach the Court-house 
 of Jackson county, or of Overton county, nearer than ten miles: 
 
 Out of territory made up of fractions of Grainger and Jefferson 
 counties ; but no line of such county shall approach the Court-house 
 
265 
 
 of Grainger county, nearer than the Holston River, at the point 
 nearest said Court-house, nor shall any line thereof approach the 
 Court-house of Jefferson county nearer than eleven miles: 
 
 Out of territory . made up of fractions of Roane, Monroe and 
 Blount counties; but no line of such new county shall approach 
 the towns of Maryville, Kingston or Madisonville, nearer than 
 eleven miles : 
 
 " The counties of Cheathara and Sequatchie, as now established 
 by Legislative enactments, are hereby declared to be Counstitution- 
 al counties. Provided, That no other territory of Bledsoe county 
 shall be taken to form a new county, or any part thereof, or attached 
 to any adjoining county. 
 
 The Committee further instruct me to report that, in the opinion 
 of the Committee, the memorials from the counties of Dyer, Gib- 
 son, Hay wood and Madison ; and Fayette, Hardeman and McNairy ; 
 and of Henderson, Madison, Carroll and Gibson ; and of Maury, 
 Williamson, Rutherford, Marshall and Bedford, are reasonable, and 
 entitled to favorable consideration by this body; these, together 
 with the memorials from the counties of Benton, Decatur, Hender- 
 son and Carroll; and Obion, Dyer, Carroll and Weakley ; and 
 Hardeman, Madison, McNairy and Henderson ; and Weakley, Car- 
 roll and Henry; and Lincoln, Bedford and Franklin counties, and 
 the memorial from citizens of Marion county, asking to be attached 
 to Grundy county, have each been fully and fairly investigated by 
 the Committee, and the Committee have instructed me to report said 
 memorials back, and recommend them to the respectful considera- 
 tion of the Convention, believing them to be entitled to such by 
 this body. 
 
 The Committee recommend no amendment to Section 5, of said 
 Article. 
 
 A majority of the Committee have instructed me to report that 
 they recommend no other amendments to Section 4, of said Article, 
 than those above specified, from which instruction a minority of the 
 Committee have dissented. Below will be found the Majority 
 Report of the Committee, which they recommend as a substitute 
 for the 4th and 5th Sections of Article X, of the present Consti- 
 tution. 
 
 The Committee ask to be discharged from the further consid- 
 eration of the matters referred. 
 
 All of which is respectfully submitted, 
 
 GEORGE E. SEAT, 
 
 Feb. 9th, 1870. Chairman. 
 
 MAJORITY REPORT OF THE COMMITTEE ON NEW COUNTIES AND 
 
 COUNTY LJNKS. 
 
 Section 4. New counties may be established by the Legislature to 
 
266 
 
 consist of not less than two hundred and fifty square miles, and which 
 shall contain a population of four hundred and fifty qualified voters. 
 No line of such county shall approach the Court-house of any old 
 county, from which i' may be taken, nearer than twelve miles. No 
 part of a county shall be taken oif to form a new county, or a part 
 thereof, without the consent of a majority of the qualified voters in 
 such part taken oif. And in all cases where an old county may be 
 reduced for the purpose of forming a new one, the seat of justice in 
 said old county shall not be removed without the concurrence of 
 two-thirds of both branches of the Legislature, nor shall said old 
 county be reduced to less than six hundred and twenty-five square 
 miles : Provided, however, that the following exceptions be made to 
 the foregoing provisions, viz : New counties may be established by 
 the present, or any succeeding Legislature, out of the following ter- 
 ritory, to-wit : 
 
 Out of that portion of Obion county wich lies west of low water 
 mark of Reel Foot Lake: 
 
 Out of territory made up of fractions of Sumner, Macon and 
 Smith counties ; but no line of such county shall approach the 
 Court-house of Sumner county, nearer than nine and a half miles, 
 nor of Smith county, nearer than ten miles ; nor shall any line 
 thereof include any territorjr of Macon county lying within nine 
 and a half miles of the Court-house of Macon county, nor shall 
 more than twenty square miles be taken from Macon county ; nor 
 shall the area of Sumner or Smith counties be reduced below four 
 hundred square miles, in the formation of said new county: 
 
 Out of territory made up of fractions of Jackson and Overton 
 counties ; but no line of such county shall approach the Court-house 
 of Jackson county, or of Overton county, nearer than ten miles: 
 
 Out of territory made up of fractions of Grainger and Jefferson 
 counties ; but no line of such county shall approach the Court-house 
 of Grainger county, nearer than the Holston River, at the point 
 nearest said Court-house, nor shall any line thereof approach the 
 Court-house of Jefferson county nearer than eleven miles: 
 
 Out of territory made up of fractions of Roane, Monroe and 
 Blount counties, but no line of such new county shall approach the 
 towns of Maryville, Kingston or Madisonville, nearer than eleven 
 miles. 
 
 The counties of Cheatham and Sequatchie, as now established by 
 Legislative enactments, are hereby declared to be Constitutional 
 counties. Provided, That no other territory of Bledsoe county 
 shall be taken to form a new county, or any part thereof, or attach- 
 ed to any adjoining county. 
 
 Sec. 5. The citizens who may be included in any new county, 
 shall vote with the county or counties from which they may have 
 been stricken off, for members of Congress, for Governor and for 
 members of the General Assembly, until the next apportionment of 
 
267 
 
 members to the General Assembly after the establishment of such 
 new county. 
 
 Mr. GIBBS, from the minority of the Committee on New Counties 
 and County Lines, made the following report, which, on motion of 
 Mr. TAYLOR, was ordered to be laid on the table, and 100 copies 
 printed for the use of the Convention : 
 
 REPORT OF THE MINORITY OF THE COMMITTEE ON NEW COUNTIES 
 AND COUNTY LINES. 
 
 The undersigned, a minority of the Committee to which was re- 
 ferred the consideration of New Counties and County Lines, beg 
 leave to submit the following report : 
 
 That, while agreeing to that portion of the Majority Report re- 
 commending 1 the establishment of New Counties with an area of 
 250 square miles, they cannot concur in the opinion that no old 
 cuiinty shall be reduced below an area of 625 square miles, prescrib- 
 ed by the Constitution of 1834. 
 
 They believe that many courties, now rapidly filling up with a 
 thrifty and industrious population, and capable of sustaining an im- 
 mense number of people, will very soon, if they do not now, demand 
 a change in the present order. 
 
 While they believe that the framers of the Old Constitution acted 
 for the best, and acted wisely in the then existing conditiQii of affairs, 
 they do not think it was intenaed by them, in all time to come, to 
 inconvenience the many for the benefit 01 the few, but that the 
 sparse population of the then unsettled country, was a material 
 consideration with the wise men who framed the Old Constitution, 
 and with the passing away of that reason, has passed away all rea- 
 son why counties shall be so large. 
 
 They hold that the subdivision of counties, within reasonable 
 limits, should depend upon the wants of the people and subserve 
 their convenience, and that true statesmanship should secure to 
 th6se who actually need it, a convenient and accessible point for the 
 transaction of their legal, police and registration business. 
 
 They believe that the present Convention should provide against 
 the annoyance and inconvenience which will result to a very large 
 portion of the tax-payers of Tennessee from a forty years' continu- 
 ance of the present system, and common prudence should dictate to 
 us to provide, while we can, a remedy for the evil. 
 
 They believe that in those cases, where a whole community are 
 deliberately willing to go to themselves, and asking no aid from the 
 counties they leave, build for themselves Court-houses and jails, 
 they should be allowed to do so, especially by the old counties to 
 whieh they have been tributary, and which retain the buildings 
 erected by their joint efforts. Their willingness to undertake the 
 cost is the best evidence of the utility of the movement. 
 
268 
 
 The State will lose nothing, for where now centres of business, 
 trade, education and religion are found in districts before remote 
 and inacessible, property will be in enhanced in value proportionate 
 to the increased advantages, and furnish a proportionate increase to 
 her revenue. No longer time will be required to transact the legal 
 business of the section than when it was tied on to the old county, 
 and, therefore, no added cost or labor to the judicial officers ; and 
 indeed there will be added no cost to any save themselves, and this 
 will be amply recompensed to them in the saving of time, expense, 
 and travel incurred in attending distant courts, oft-times imperiling 
 their lives by swimming swollen streams which they must cross un- 
 der subpoena, recompensed to them by being permitted to return to 
 their families after the daily adjournment of courts, instead of camp- 
 ing about the village where courts are usually held, and which sel- 
 dom have acommodations for the miserable throng of litigants, 
 jurors and witnesses, too far off to go home, and sometimes too 
 poor to pay for good lodging if procurable. 
 
 And, besides, the labor system of the country is so changed, its 
 lands being divided into small parcels, and every man becoming 
 his own servant to do his work, that considerations of public con- 
 venience require that his compelled absence at court shall not be a 
 journey of days, but shall permit him to chop wood for his shiver- 
 ing children, and feed his famished stock. 
 
 The day is past when a gentleman can go to court in his carriage, 
 leaving a host of servants to wait upon his household. 
 
 These and many other considerations, which will readily present 
 themselves to the Convention, have induced the undersigned to 
 offer, in lieu of so much of the majority report as re-establishes the 
 old constitutional limits of 625 square miles, and requires a limit 
 of 12 miles from county seats, the following: 
 
 Provided, That no old county shall be reduced in forming a new 
 county to a less territory than 450 square miles, and no section of 
 an old county shall be taken off to form a new one, or to be trans- 
 ferred to another, without a majority of the voters of said section 
 voting therefor. 
 
 All of which is respectfully submitted. 
 
 C. N. GIBBS, 
 GEORGE E. SEAY, 
 RICHARD WARNER, JR. 
 
 REPORT ON LEGISLATIVE DEPARTMENT FURTHER CONSIDERED. 
 
 The Convention resumed the consideration of the unfinished 
 business of yesterday the report of the Committee on the Legis- 
 lative Department. 
 
 The question recurring on the amendment of Mr. THOMPSON of 
 
269 
 
 Maury, Mr. Jones, of Lincoln, demanded the yeas and nays on the 
 adaption of the amendment, which were ordered, and the amend- 
 ment rejected. 
 
 Yeas 31 
 
 Nays 36 
 
 Those voting in the affirmative are : 
 
 Messrs. Allen, Arledge, Baxter, Blizard, Branson, Britton, Brown 
 of Henry, etc., Byrne, Campbell, Chowning, Cypert, Deaderick, 
 Boherty, Dromgoole, Finley, Garner, Gaut, Gibbs, Gibson, Gordon, 
 McDougal, Meeks, Nicholson, Parker, Porter of Henry, Sample, 
 Seay, Thompson of Davidson, Thompson of Maury, Turner and 
 Warner 31. 
 
 Those voting in the negative are : 
 
 Messrs. Bate, Brandon, Brooks, Brow r n of Davidson, Coffin, 
 Cummin^s, Deavenport, Dibbrell, Fentress, Fielder, Fulkerson, 
 Gardner, Hei&kell, Henderson, Hill of Warren, Hill of Gibson, 
 House of Williamson, House of Montgomery, etc., Ivie, Jones of Lin- 
 coln, Jones of Giles, Kennedy, Key, Kirkpatrick, Kyle, McNubb, 
 Morris, Xetherland, Porter of Hay wood, Shepard, Shelton, Stephens, 
 Taylor, Walters, Williamson and Wright 36. 
 
 Mr. JONES, of Lincoln, demanded the yeas and nays on the 
 adoption of Mr. Fentress 7 amendment, which were ordered, and 
 the amendment was rejected. 
 
 Yeas 10 
 
 Kays 59 
 
 Those voting in the affirmative are : 
 
 Messrs. Burkett, Campbell, Fentress, Garner, Gaut, Nicholson, 
 Thompson of Davidson, Williamson and Wright 10. 
 
 Those voting in the negative are : 
 
 Messrs. Allen, Arledge, Bate, Baxter; Blizard, Brandon, Branson, 
 Britton, Brooks, Brown of Davidson, Brown of Henry, etc., Byrne, 
 Chowni. g, Coffin, Cummings, Cypert, Deaderick, Deavenport, Dib- 
 brell, Doherty, Dromgoole, Fielder, Finley, Fulkerson, Gardner, 
 Gibbs, Gibson, Gordon, Heiskell, Henderson, Hill of Warren, Hill 
 oi Gibson, House of Williamson, House of Montgomery, etc., Ivie, 
 Jones of Lincoln, Jones of Giles, Kennedy, Key, Kirkpatrick, 
 Kyie, McDougal, McNabb, Martin, Meeks, Morris, Netherland, 
 Parker, Porter of Haywood, Porter of Henry, Sample, Seay, 
 Shepard, Shelton, Stephens, Taylor, Turner, Walters and Warner 
 59. 
 
 Mr. PGRTEE, of Haywood, offered the following amendment : 
 After the word " educational," in Section 28, line 3, insert the fol- 
 
270 
 
 lowing : There shall be exempted $500 worth of real estate, and 
 $500 worth of personal property, in the hands of each tax-payer, 
 and the direct product of the soil in the hands of the producer. 
 
 Mr. NETHERLAND moved to lay the pending amendments on the 
 table. 
 
 Mr. WILLIAMSON demanded the yeas and nays, which were or- 
 dered, and the motion to lay on the table adopted. 
 
 Yeas 51 
 
 Nays 16 
 
 Those voting in the affirmative are : 
 
 Messrs. Allen, Arledge, Bate, Baxter, Blizard, Brandon, Branson, 
 Britton, Brooks, Brown of Davidson, Brown of Henry, etc., Byrne, 
 Chowning, Coffin, Cummings, Deaderick, Doherty, / Dromgoole, 
 Fielder, Finley, Gardner, Garner, Gaut, Gibbs, Henderson, Hill of 
 Gibson, House of Williamson, House of Davidson, etc., Ivie, Jones 
 of Lincoln, Kennedy, Kirkpatrick, Kyle, Mabry, McDougal, 
 MoNabb, Martin, Meeks, Morris, Netherland, Nicholson, Porter of 
 Henry, Sample, Seay, Shepard, Stephens, Taylor, Thompson of 
 Davidson, Walters, Warner and Wright 51. 
 
 Those voting in the negative are : 
 
 Messrs. Burkett, Campbell, Deavenport, Dibbrell, Fentress, 
 Fulkerson, Gibson, Gordon, Heiskell, Hill of Warren, Jones of 
 Giles, Key, Parker, Porter of Hay wood, Thompson of Maury, and 
 Williamson 16. 
 
 Mr. FENTRESS moved to amend by striking out the word " per- 
 sonal " in the 4th line, so that it shall read : "And except one 
 thousand dollars worth of property in the hands of each tax-payer, 
 and the direct products of the soil in the hands of the producer." 
 
 On motion of Mr. IVIE, the amendment was laid on the table. 
 
 Mr. STEPHENS offered the following, in lieu of the first four lines 
 of Section 28, Article II, as reported by the Committee : 
 
 All property shall be taxed except such as may be owned by the 
 State, and except such as may be owned by counties, cities, or 
 towns, or agricultural fairs, chartered by the State, and used exclu- 
 sively for public or corporation purposes ; and except such real 
 estate as may be held and used exclusively for the purpose of re- 
 ligious worship, or held and used exclusively as public schools, 
 academies, colleges, cemeteries, asylums for the insane, for orphans, 
 or for the indigent. Provided, That so much only of such real 
 estate as shall be used exclusively for such purposes, or for any two 
 or more of them, shall be exempted. 
 
 There shall also be exempted one thousand dollars worth of per- 
 
271 
 
 sonal property in the hands of each tax-payer, and the direct pro- 
 ducts of the .soil in the hands of the producer. 
 
 Mr. HILL, of Gibson, moved to amend the amendment by strik- 
 ing out "shall " and inserting "may" in the first line. 
 
 Mr. I VIE moved to lay the amendment on the table. 
 
 Mr. HOUSE, of Williamson, demanded the yeas and nays, which 
 wi-re ordered, and the motion to lay on the table rejected. 
 
 Yeas 25 
 
 Nays 43 
 
 Those voting in the affirmative are : 
 
 Messrs. Arledge, Bate, Branson, Burkett, Deaderick, Dromgoole, 
 Fulkerson, Garner, Gaut, Gibson, Heiskell, Henderson, Hill of 
 Gibson, Ivie, Jones of Giles, Kirkpatrick, Kyle, Mabry, Martin, 
 Netherland, Nicholson, Parker, Sample, Thompson of Davidson, 
 and Thompson of Maury 25. 
 
 Those voting in the negative are : 
 
 Messrs. A lien, Baxter, Blizard, Brandon, Britton, Brooks, Brown 
 of Davidson, Brown of Henry, etc., Byrne, Campbell, Chowning, 
 Coffin, Cu minings, Cypert, Deavenport, Dibbrell, Doherty, Fen- 
 tress, Fielder, Finley, Gardner, Gibbs, Gordon, Hill of Warren, 
 House of Williamson, House of Davidson, etc., Jones of Lincoln, 
 Kennedy, Key, McDougal, McNabb, Meeks, Morris, Porter of 
 Haywood, Porter of Henry, Seay, Shepard, Shelton, Stephens, 
 Turner, Warner, Williamson and Wright 43. 
 
 Mr. FIELDER demanded the yeas and nays upon the adoption of 
 Mr. Stephens' amendment, which were ordered, and the amendment 
 rejected. 
 
 Yeas 16 
 
 Nays 53 
 
 Those voting in the affirmative are : 
 
 Messrs. Allen, Baxter, Brandon, Brooks, Brown of Henry, etc., 
 Chowning, Dibbrell, Doherty, Finley, Morris, Seay, Shepard, 
 Stephens, Turner, Walters and Williamson 16. 
 
 Those voting in the negative are : 
 
 Messrs. Arledge, Bate, Blizard, Branson, Britton, Brown of 
 Davidson, Burkett, Byrne, Campbell, Coffin, Cummings, Cypert, 
 Deaderick, Deavenport, Fentress, Fielder, Fulkerson, Gardner, 
 (iarncr, Gaut, Gibbs, Gibson, Gordon, Heiskell, Henderson, Hill of 
 Warren, Hill of Gibson, House of Williamson, House of Mont- 
 gomery, etc., Ivie, Jones of Lincoln, Jones of Giles, Kennedy, Key, 
 Kirpatrick, Kyle, McDougal, McNabb, Martin, Meeks, Nether- 
 
272 
 
 land, Nicholson, Parker, Porter of Haywood, Porter of Henry, 
 Sample, Shelton, Taylor, Thompson of Davidson, Thompson of 
 Maury, Warner and Wright 53. 
 
 Mr. IVIE offered the following in lieu of the first four lines of 
 Section 28, as reported by the Committee : 
 
 All lands held by deed, grant, or entry, town lots, bank stock, and 
 such other property as the Legislature may from time to time deem 
 expedient^ shall be taxable. 
 
 Mr. HOUSE, of Williamson, demanded the yeas and nays on the 
 adoption of Mr. Ivie's amendment, which were ordered, and the 
 amendment adopted. 
 
 Yeas 36 
 
 Nays 33 
 
 Those voting in the affirmative are : 
 
 Messrs. Arledge, Bate, Branson, Britton, Brooks, Chowning, 
 Cummings, Deaderick, Dromgoole, Fentress, Fulkerson, Garner, 
 Gaut, Gibson, Gordon, Henderson, Hill of Warren, Hill of Gib- 
 son, Ivie, Jones of Lincoln, Jones of Giles, Kirkpatrick, Kyle, 
 McDougal, McNabb, Martin, Meeks, Netherland, Nicholson, Par- 
 ker, Sample, Taylor, Thompson of Davidson, Thompson of Maury, 
 Walters and Warner 36. 
 
 Those voting in the negative are : 
 
 Messrs. Allen, Baxter, Blizard, Brandon, Brown of Davidson, 
 Brown of Henry, etc., Burkett, Byrne, Campbell, Coffin, Cypert, 
 Deavenport, Dibbrell, 'Doherty, Fielder, Finley, Gardner, Gibbs, 
 Heiskell, House of Williamson, House of Montgomery, etc., Ken- 
 nedy, Key, Morris, Porter of Haywood, Porter of Henry, Seay, 
 Shepard, Shelton, Stephens, Turner, W r illiamson and Wright 33. 
 
 Mr. HEISKELL offered the following amendment after first 
 clause : 
 
 Property used for manufacturing purposes may be temporarily 
 exempted by law from taxation, but not for a period greater than 
 ten years from the establishment of such manufactory. But in 
 such case of temporary exemption, profits realized by such es- 
 tablishment shall be subject to a special tax. 
 
 Mr. JONES, of Lincoln, submitted the following in lieu of Mr. 
 Heiskeil's amendment : 
 
 " The General Assembly shall have no power to exempt from 
 taxation the property or capital of incorporated companies." 
 
 The Convention took a recess until 2J o'clock p. M. 
 
273 
 
 AFTERNOON SESSION. 
 
 Mr. JONES, of Lincoln, demanded the yeas and nays on the 
 adoption of his amendment in lieu, which were ordered, and the 
 amendment rejected. 
 
 Yeas 33 
 
 Nays 38 
 
 Those voting in the affirmative are : 
 
 Messrs. Allen, Arledge, Bate, Blizard, Brandon, Britton, Brooks, 
 Burkett, Chowning, Deaderick, Dromgoole, Fentress, Fielder, Fin- 
 ley, Garner, Gaut, Gordon, Hill of Warren, Ivie, Jones of Lincoln, 
 Jones of Giles, Kyle, Martin, Meeks, Morris, Porter of Henry, 
 Sample, Staley, Taylor, Thompson of Maury, Walters, Warner and 
 Williamson 33. 
 
 Those voting in the negative are: 
 
 Messrs. Baxter, Branson, Brown of Davidson, Brown of Henry, 
 etc., Burton, Byrne, Campbell, Carter, Coffin, Cummings, Cypert, 
 Dibbrell, Doherty, Fulkerson, Gardner, Garner, Gibbs, Gibson, 
 Heiskell, Henderson, Hill of Gibson, House of Williamson, House 
 Montgomery, etc., Kennedy, Key, Kirkpatrick, McDougal, Mc- 
 Nabb, Netherland, Nicholson, Parker, Porter of Haywood, Seay, 
 Shepard, Shelton, Stephens, Thompson of Davidson, and Wright 
 38. 
 
 On motion of Mr. BROWN, of Henry, etc., the amendment of 
 Mr. Heiskell was amended by striking out " ten " and inserting 
 " five.' 7 
 
 Mr. THOMPSON, of Maury, offered the following amendment : 
 The General Assembly shall have no power to exempt from tax- 
 ation the property of any person, partnership or corporation en- 
 gaged in mining, manufacturing or any other branch of industry. 
 
 Mr. GARNER moved to lay the amendment of Mr. Thompson on 
 the table. 
 
 Mr. JONES, of Lincoln, demanded the yeas and nays, which were 
 ordered, and the amendment was laid on the table. 
 
 Yeas 51 
 
 Nays 14 
 
 Those voting in the affirmative are : 
 
 Messrs. Baxter, Blizard, Brandon, Branson, Brittou, Brooks. 
 18 
 
274 
 
 Brown of Davidson, Brown of Henry, etc., Burkett, Burton, Bryne, 
 Campbell, Carter, Coffin, Cummings, Cypert, Deaderick, Dibbrell, 
 Doherty, Dromgoole, Fielder, Fulkerson, Gardner, Garner, Gibbs, 
 Gibson, House of Williamson, House of Montgomery, etc., Ivie., 
 Kennedy, Key, Kirkpatrick, Kyle, McDougal, McNabb, Meeks., 
 Morris, Netherland, Nicholson, Parker, Porter of Haywood, Sam- 
 ple, Seay, Shepard, Staley, Stephens, Taylor, Thompson of David- 
 son, Williamson and Wright 51. 
 
 Those voting in the negative are : 
 
 Messrs. Allen, Arledge, Chowning, Fentress, Finley, Gordon,, 
 Jones of Lincoln, Jones of Giles, Martin, Porter of Henry, Thomp- 
 son of Miury, Turner, Walters and Warner 14. 
 
 Mr. BAXTER demanded the' yeas and nays on the adoption of Mr. 
 HeiskelPs amendment as amended, which were ordered, and the 
 amendment rejected. 
 
 Yeas .27 
 
 Nays 44 
 
 Those voting in the affirmative are : 
 
 Messrs. Bate, Brown of Davidson, Brown of Henry, etc., Bur- 
 ton, Byrne, Campbell, Carter, Coffin, Cummings, Cypert, Doherty, 
 Fulkerson, Gardner, Gibbs, Heiskell, House of Williamson, House 
 of Montgomery, etc., Kennedy, Key, McDougal, Nicholson, Porter 
 of Haywood, Shepard, Taylor, Thompson of Davidson, Turner 
 and Wright 27. 
 
 Those voting in the negative are : 
 
 Messrs. Allen, Arledge, Baxter, Blizard, Brandon, Branson, Brit- 
 ton, Brooks, Burkett, Chowning, Deaderick, Deavenport, Dibbrell, 
 Dromgoole, Fentress, Fielder, Finley, Garner, Gibson, Gordon. 
 Henderson, Hill of Warren, Hill of Gibson, Ivie, Jones of Lin- 
 coln, Jones of Giles, Kirkpatrick, Kyle, McNabb, Martin, Meeks, 
 Morris, Netherland, Parker, Porter of Henry, Sample, Seay, Shelton. 
 Staley, Stephens, Thompson, Walters, Warner and Williamson 44. 
 Mr. IVIE offered the following amendment to Section 28 : 
 
 But in no case shall the property of the State be taxed. The 
 Legislature may except property held by counties, cities, towns, vil- 
 lages or corporations, and by them used for strictly religious, scien- 
 tific, literary or educational purposes. 
 
 Mr. CUMMINGS demanded the yeas and nays on the adoption of 
 the amendment, which were ordered, and the amendment rejected. 
 
 Yeas 27 
 
 Nays 44 
 
 Those voting in the affirmative are: 
 
275 
 
 Messrs. Arledge, Baxter, Britton, Carter, Cypert, Deaderick, Dib- 
 brell, Gordon, Hill of Gibson, Ivie, Jones of Lincoln, Jones of 
 <Jih\s, Kirkpatrick, Kyle, McDougal, Martin, Meeks, Nether land, 
 Nicholson, Seay, Taylor, Thompson of Davidson, Thompson of 
 Maury, Turner, Walters and Warner 27. 
 
 Those voting in the negative are : 
 
 Messrs. Allen, Bate, Blizard, Brandon, Branson, Brooks, Brown 
 of Davidson, Brown of Henry, etc., Burkett, Burton, Byrne, Camp- 
 bell, Chowning, Coffin, Cummings, Deavenport, Doherty, Droin- 
 goole, Fentress, Fielder, Finley, Fulkerson, Gardner, Garner, Gibb.s, 
 Gibson, Heiskell, Henderson, Hill of Warren, House of William- 
 son, Kennedy, Key, McNabb, Morris, Parker, Porter of Haywood, 
 Porter of Henry, Sample, Shepard, Shelton, Staley, Stephens, 
 Williamson and Wright 44. 
 
 Mr. FENTRESS moved to reconsider the vote by which Mr. Ivie's 
 amendment in lieu of the first four lines of Section 28 was adopted. 
 
 Mr. WALTERS moved to lay the motion to reconsider on the table, 
 and demanded the yeas and nays, which were ordered, and the mo- 
 tion to lay on the table rejected. 
 
 Yeas 29 
 
 Nays 42 
 
 Those voting in the affirmative are : 
 
 Messrs. Arledge, Britton, Brown of Davidson, Carter, Cummings, 
 Deaderick, Dromgoole, Fielder, Fulkerson, Garner, Gordon, Hender- 
 son,Hill of Warren, Hill of Gibson, Ivie, Jones of Lincoln, Jones of 
 Giles, Kirkpatrick, Kyle, McDougal, McNabb, Meeks, Netherland, 
 Nicholson, Taylor, Thompson of Davidson, Turner and Waiters 
 29. 
 
 Those voting in the negative are : 
 
 Messrs. Allen, Bate, Baxter, Blizard, Brandon, Branson, Brooks 
 Brown of Henry, etc., Burkett, Burton, Byrne, Campbell, Chown- 
 ing, Coffin, Cypert, Deavenport, Dibbrell, Doherty, Fentress, Fin- 
 ley, Gardner, Gibbs, Gibson, Heiskell, House of Williamson, House 
 of Montgomery, etc., Kennedy, Key, Martin, Morris, Parker, Por- 
 ter of Haywood, Porter of Henry, Sample, Seay, Shepard, Shelton, 
 Staley, Stephens, Warner, Williamson and Wright 42. 
 
 The further consideration of the subject was postponed until to- 
 morrow. 
 
 LEAVES OF ABSENCE. 
 
 On motion of Mr. NETHERLAND, indefinite leave of absence was 
 
276 
 
 granted to Mr. Carter, delegate from Carter and Johnson, on a<? 
 count of ill-health. 
 
 On motion of Mr. BURTON, leave of absence was granted Mr, 
 Cummings for the remainder of the week. 
 
 On motion of Mr. JONES, of Giles, the Convention adjourned un.- 
 til to-morrow morning at 9J o'clock. 
 
 THURSDAY MORNING, FEBRUARY 10, 1870. 
 
 The Convention met pursuant to adjournment, Mr. President 
 BROWN in the Chair, 
 
 Prayer by the Eev. Mr. INMAN, 
 
 The Journal of yesterday was read and approved,, 
 
 MEMORIALS AND PETITIONS, 
 
 Mr. SHEPARD presented a memorial from citizens of Wilson, 
 Smith, DeKalb, Cannon and Rutherford Counties, praying the 
 creation of a new county out of portions of said counties, which r 
 without being read, was referred to the Committee on l!vew Coun- 
 ties and County Lines, 
 
 REPORTS OF COMMITTEES, 
 
 Mr, GARDNER, from the Committee on Finance, reported back 
 the resolution of Mr. Thompson, of Davidson, in relation to re- 
 chartering the Bank of Tennessee, and asked that the Committee 
 be discharged from its further consideration, and it was so ordered 
 by the Convention. 
 
 REPORT ON LEGISLATIVE DEPARTMENT FURTHER CONSIDERED. 
 
 The Convention resumed the consideration of the unfinished bu- 
 
277 
 
 :smess of yesterday, the pending question being Mr. FENTRESS' 
 motion to reconsider the vote adopting Mr. Ivie's amendment to 
 'Section 28 of the Legislative Report, 
 
 Mr. CYPERT demanded the yeas and nays on the motion to re- 
 consider, which were ordered, and ,the motion to reconsider adopted. 
 
 Yeas 39 
 
 Nays 33 
 
 Those voting in the affirmative are : 
 
 Messrs. Allen, Bate, Baxter, Blizard, Brandon, Brown of David- 
 son, Brown of Henry, etc., Burkett, Burton, Byrne, -Campbell, 
 Oiowning, Coffin, Deavenport, Dibbrell, Doherty, Fentresa, Finley, 
 ^Gardner, Gaut, Gordon, Heiskell, House of Williamson, House of 
 Montgomery, etc., Kennedy, Key, McDougal, Meeks, Morris, 
 Porter of Hay wood, Porter of Henry, Sample, Seay, Shepard, Sh el- 
 ton, Stephens, Turner, Williamson and Wright 39. 
 
 Those voting in the negative are : 
 
 Messrs. Arledge, Branson, Britton, Brooks, Carter, Cypert, 
 Deaderick, Dromgoole, Fielder, Fulkerson, Garner, Gibbs, Gibson, 
 Henderson, Hill of Warren, Hill of Gibson, I vie, Jones of Lin- 
 coln, Jones of Giles, Kirkpatrick, Kyle, Mabry, McNabb, Martin, 
 Netherland, Nicholson, Taylor, Thompson of Davidson, Thompson 
 'of Maury, Walters and Warner 33. 
 
 Mr. FENTRESS offered the following amendment in lieu of the 
 amendment in lieu of Mr. Ivie : 
 
 All property, real, personal and mixed, shall be taxed except 
 such as may be held by the State and counties ; Provided, The Le- 
 gislature shall have power to exempt such property as may be held by 
 the cities or towns exclusively for corporation purposes, and also such 
 property as may be held or used for purposes purely and exclusive- 
 y religious, charitable, scientific, literary or educational, and also 
 household and kitchen furniture and farming implements to the 
 value of five hundred dollars. 
 
 Mr. JOSTES, of Lincoln, demanded the yeas and nays on the adop- 
 ion of the amendment in lieu, which were ordered, and the amend- 
 ment rejected. 
 
 Yeas.... 22 
 
 Nays , - 50 
 
 Those voting in the affirmative are : 
 
 Messrs. Blizard, Britton, Brooks, Brown of Henry, etc.. Burkcti, 
 Burton, Campbell, Chowning, Fentress, Gardner, Gaut, Gordon, 
 House of Williamson, Key, McDougal, McNabb, Porter of Hay- 
 
278 
 
 wood, Shepard, Thompson of Davidson, Thompson of Maury, Tur- 
 ner and Williamson 22. 
 
 Those voting in the negative are : 
 
 Messrs. Allen, Arledge, Bate, Baxter, Brandon, Branson, Brown 
 of Davidson, Byrne, Carter, Coffin, Cypert, Deaderick, Deavenport,, 
 Dibbrell, Doherty, Dromgoole, Fielder, Finley, Fulkerson, Gar- 
 ner, Gibbs, Gibson, Heiskell, Henderson, Hill of Warren, Hill of 
 Gibson, House of Montgomery, etc., Ivie, Jones of Lincoln, Jones 
 of Giles, Kennedy, Kirkpatrick, Kyle, Mabry, Martin, Meeks, 
 Morris, Netherland, Nicholson, Parker, Porter of Henry, Sample, 
 Seay, Shelton, Staley, Stephens, Taylor, Walters, Warner and 
 Wright 50. 
 
 Mr. ALLEN offered the following in lieu of Mr. Ivie's : 
 Resolved, That all property, personal, real or mixed, shall be 
 taxed, except that the Legislature may exempt such as may be held 
 by the State, by counties, cities or towns, and used for public or 
 corporation purposes, or such as may be held for purposes pure- 
 ly religious, charitable, scientific, literary or educational, and except 
 three hundred dollars' worth of personal property in the hands of 
 each tax-payer. 
 
 Mr. BLIZARD moved to lay the amendment of Mr. Allen on the 
 table. 
 
 Mr. CYPERT demanded the yeas and nays, which were ordered , 
 and the motion to lay on the table sustained. 
 
 Yeas 61 
 
 Nays -...11 
 
 Those voting in the affirmative are : 
 
 Messrs. Arledge, Bate, Baxter, Blizard, Brandon, Branson, Brit- 
 ton, Brown of Davidson, Brown of Henry, etc , Burton, Byrne, Car- 
 ter, Chowning, Coffin, Cypert, Deaderick, Deavenport, Dibbrell, Do- 
 herty, Dromgoole, Fielder, Finley, Fulkerson, Gardner, Gaut, 
 Gibbs, Gibson, Gordon, Heiskell, Hill of Warren, Hill of Gibson, 
 House of Williamson, House of Montgomery, etc., Ivie, Jones of 
 Lincoln, Jones of Giles, Kennedy, Kirkpatrick, Kyle, Mabry, Mc- 
 Dougal, McNabb, Martin, Meeks, Morris, Netherland, Nicholson, 
 Parker, Sample, Seay, Shepard, Shelton, Staley, Stephens, Taylor. 
 Thompson of Davidson, Walters, Warner, Williamson and Wright 
 61. 
 
 Those voting in the negative are : 
 
 Messrs. Allen, Brooks, Burkejtt, Campbell, Fentress, Henderson, 
 Key, Porterof Haywood, Porter of Henry, Thompson of Maury, 
 and Turner 11. 
 
279 
 
 Mr. GIBSON offered the following in lieu of Mr. Ivie's amend- 
 ment : 
 
 Section 28. All property, real, personal or mixed, shall be tax- 
 able except eight hundred dollars 7 worth of personal property in 
 the hands of each tax-payer, and the direct product of the soil in 
 (he hands of the producer, but the Legislature may exempt such 
 property as may be held by the State, by counties, cities or towns, 
 and used exclusively for public or corporation purposes, and such 
 as may be held and used lor purposes exclusively religious, charit- 
 able or educational. 
 
 Mr. HOUSE, of Montgomery, etc., moved to lay the amendments 
 >f Messrs. Gibson and Ivie on the table. 
 
 Mr. JONES, of Lincoln, demanded the yeas and nays, which were 
 ordered, and the motion to lay on the table sustained. 
 
 Yeas 39 
 
 Nays 33 
 
 Those voting in the affirmative are : 
 
 Messrs. Allen, Bate, Baxter, Blizard, Brandon, Brown of David- 
 sun, Brown of Henry, etc., Burkett, Burton, Campbell, Chowning, 
 Coffin, Deavenport, Dibbrell, Doherty, Fen tress, Gardner, Gaut, 
 Gordon, Heiskell, House of Williamson, House of Montgomery, etc., 
 Kennedy, Key, Kirkpatrick, McDougal, Meeks, Morris, Porter of 
 Hay wood, Porter of Henry, Seay, Shepard, Shelion, Staley, 
 Stephens, Turner, Walters, Williamson and Wright 39. 
 
 Those voting in the negative are : 
 
 Messrs. Arledge, Branson, Britton, Brooks, Byrne, Carter, Cy- 
 pert, Deaderick, Dromgoole, Fielder, Finley, Fulkerson, Garner, 
 Gibbs, Gibson, Henderson, Hill of Warren, Hill of Gibson, Ivie, 
 Jones of Lincoln, Jones of Giles, Kyle, Mabry, McNabb, Mar- 
 tin, Netherland, Nicholson, Parker, Sample, Taylor, Thompson of 
 Davidson, Thompson of Maury, and Warner 33. 
 
 Mr. KIRKPATRICK moved to reconsider the vote laying the 
 amendments on the table. 
 
 Mr. KEY moved to lay the motion to reconsider on the table. 
 
 Mr. HOUSE, of Montgomery, etc., demanded the yeas and nays, 
 which were ordered, and the motion to lay on the table sustained. 
 
 Yeas 41 
 
 Nays 30 
 
 Those voting in the affirmative are : 
 
 Messrs. Allen, Bate, Baxter, Blizard, Brandon, Brown of Da- 
 vidson, Brown of Henry, etc., Burkett, Burton, Campbell, Chown- 
 
280 
 
 ing, Coffin, Cypert, Deavenport, Dibbrell, Doherty, Fentress, Fin- 
 ley, Gardner, Gaut, Gordon, Heiskell, House of Williamson, House 
 of Montgomery, etc., Kennedy, Key, McDougal, Meeks, Morris, 
 Porter of Hay wood, Porter of Henry, Seay, Shepard, Shelton, 
 Staley, Stephens, Turner, Walters, Williamson and Wright 41. 
 
 Those voting in the negative are : 
 
 Messrs, Arledge, Branson, Britton, Brooks, Carter, Deaderick, 
 Dromgoole, Fielder, Fulkerson, Garner, Gibbs, Gibson, Henderson, 
 Hill of Warren, Hill of Gibson, Ivie, Jones of Lincoln, Jones of 
 Giles, Kirkpatrick, Kyle, Mabry, McNabb, Martin, Netherland, 
 Nicholson, Parker, Sample, Taylor, Thompson of Davidson, Thomp- 
 son of Maury, and Warner 30. 
 
 Mr. DKOMGOOLE offered the following amendment to Section 28 : 
 
 All lands held by deed, grant or entry, town lots^ bank stock, 
 State bonds and government securities of any kind, arid such other 
 property as the Legislature may, from time to time, deem expedient 
 shall be taxable, except property held by the State, by counties, 
 towns or cities, and used exclusively for public purposes, and all 
 buildings used purely for religious, charitable or educational pur- 
 poses, together with*$500, and the direct produce of the soil in the 
 hands of the producer, which shall be exempt from taxation. 
 
 Mr. KENNEDY demanded the question. 
 
 The yeas and nays were ordered, and the demand sustained. 
 
 Yeas A 40 
 
 Nays 31 
 
 Those voting in the affirmative are : 
 
 Messrs. Allen, Bate, Baxter, Blizard, Brandon, Brooks, Brown 
 of Davidson, Brown of Henry, etc., Burkett, Burton, Byrne, 
 Campbell, Chowning, Deavenport, Dibbrell, Doheity, Fulkerson, 
 Gardner, Gaut, Gordon, Heiskell, House of Williamson, House of 
 Montgomery, etc,, Kennedy, Key, McDougal, McNabb, Meeks, 
 Morris, Porter of Hay wood, Porter of Henry, Sample, Seay , 
 Shepard, Shelton, Stephens, Turner, Walters, Williamson and 
 Wright 40. 
 
 .Those voting in the negative are : 
 
 Messrs. Arledge, Branson, Britton, Carter, Coffin, Cypert, Dead- 
 erick, Dromgoole, Fentress, Fielder, Finley, Garner, Gibbs, Gib- 
 son, Henderson, Hill of Warren, Hill of Gibson, Ivie, Jones of 
 Lincoln, Jones of Giles, Kirkpatrick, Kyle, Mabry, Martin, 
 Netherland, Nicholson, Parker, Staley, Taylor, Thompson of David- 
 son, Thompson of Maury and Warner 31. 
 
 The question recurring upon the adoption of the first paragraph 
 
281 
 
 of Section 28, as amended, Mr. JONES, of Lincoln, demanded the 
 yeas and nays, which were ordered, and the paragraph adopted. 
 
 Yeas .* 39 
 
 Nays ..33 
 
 Those voting in the affirmative are : 
 
 Messrs. Allen, Bate, Baxter, Blizard, Brandon, Brooks, Brown 
 of Davidson, Brown of Henry, etc., Burkett, Burton, Byrne, 
 Campbell, Chovvning, Deavenport, Dibbrell, Doherty, Gardner, 
 Gaut, Gordon, Heiskell, House of Williamson, House of Davidson, 
 etc., Kennedy, Key, McDougal, McNabb, Meeks, Morris, Porter of 
 Haywood, Porter of Henry, Sample, Seay, Shepard, Shelton, 
 Stephens, Turner, Walters, Williamson and Wright 39, 
 
 Those voting in the negative are : 
 
 Messrs. Arledge, Branson, Britton, Carter, Coffin, Cypert, Dead- 
 erick, Dromgoole, Fentress, Fielder, Finley, Eulkerson, Garner, 
 Gibbs, Gibson, Henderson, Hill of Warren, Hill of Gibson, lyie, 
 Jones of Giles, Jones of Lincoln, Kirkpatrick, Kyle, Mabry, Martin, 
 Netherland, Nicholson, Parker, Staley, Taylor, Thompson of David- 
 son, Thompson of Maury and Warner 33. 
 
 Mr. GARDNER moved to reconsider the vote adopting the para- 
 graph, and further moved to lay the motion to reconsider on the 
 .table, which latter motion was adopted. 
 
 The Convention took a recess until 2i o'clock P. M. 
 
 AFTERNOON SESSION. 
 
 Mr. GARDNER offered the following amendment : - 
 Section 28, Paragraph 2. After the words " to its " in the first 
 line, insert the words "cash market," and after the words " so that 
 the " in the second line, insert the following, " manner shall be uni- 
 form, and rate of valuation ;" and in the second line strike out the 
 words " and uniform," so as to make the paragraph read : 
 
 All property shall be taxed according to its cash market value, 
 that value to be ascertained in such manner as the Legislature shall 
 
282 
 
 direct, so that the manner shall be uniform, and the rate of valua- 
 tion shall be equal throughout the State. No one species of prop- 
 erty, from which a tax may be collected, shall be taxed higher than 
 any other species of property of the same value. 
 
 Mr. GARNER demanded the previous question, which was sus- 
 tained. 
 
 Mr. JONES, of Lincoln, demanded the yeas and nays on the adop- 
 tion of Mr. Gardner's amendment, which were ordered, and the 
 amendment adopted. 
 
 Yeas , 36 
 
 Nays 33 
 
 Those voting in the affirmative are : 
 
 Messrs. Bate, Baxter, Brandon, Brown of Davidson, Brown of 
 Henry, etc., Burkett, Burton, Byrne, Campbell, Coffin, Cypert, 
 Deavenport, Doherty, Fen tress, Gardner, Gaut, Gordon, Heiskell, 
 House of Williamson, House of Davidson, etc., Ivie, Kyle, 
 McDougal, Meeks, Nicholson, Porter of Hay wood, Porter of Henry, 
 Seay, Shepard, Shelton, Stephens, Taylor, Thompson of Maury, 
 Turner and Wright 36. 
 
 Those voting in the negative are : 
 
 Messrs. Allen, Arl edge, Branson, Britton, Brooks, Carter, Chown- 
 ing, Deaderick, Dibbrell, Dromgoole, Fielder, Finley, Fulkerson, 
 Garner, Gibbs, Gibson, Henderson,, Hill of Warren, Hill of Gibson, 
 Jones of Lincoln, Jones of Giles, Kennedy, Key, Kirpatrick, Mar- 
 tin, Morris, Netherland, Parker, Sample, Thompson of Davidson, 
 Walters, Warner and Williamson 33. 
 
 Mr. JONES, of Lincoln, demanded the yeas and nays on the adop- 
 tion of the paragraph as amended, which were ordered, and the 
 paragraph adopted. 
 
 Yeas... 42 
 
 Nays 28 
 
 Those voting in the affirmative are : 
 
 Messrs. Bate, Baxter, Brandon, Brooks, Brown of Davidson, 
 Brown of Henry, etc., Burton, Byrne, Campbell, Coffin, Cypert, 
 Deavenport, Dibbrell, Doherty, Fentress, Finley, Gardner, Gaut, 
 Gordon, Heiskell, House of Williamson, House of Montgomery, 
 etc., Ivie, Kennedy, Key, McDougal, McNabb, Meeks, Nicholson r 
 Porter of Hay wood, Porter of Henry, Seay, Shepard, Shelton, 
 Staley, Stephens, Taylor, Thompson of Maury, Turner, Walters, 
 Williamson and Wright 42. 
 
 Those voting in the negative are : 
 
 Messrs. Arledge, Blizard, Branson, Britton, Burkett, Carter, 
 
283 
 
 (Downing, Deaderick, Dromgoole, Fielder, Fulkerson, Garner, 
 Gibbri, Gibson, Henderson, Hill of Warren, Hill of Gibson, Jones 
 of Lincoln, Jones of Giles, Kirkpatrick, Kyle, Martin, Morris, 
 Xetherland, Parker, Sample, Thompson of Davidson and Warner 
 28. 
 
 On motion of Mr. WILLIAMSON, the vote adopting the paragraph 
 was reconsidered. 
 
 Mr. GARDNER, stating that his amendment was. not in lieu of 
 paragraph 2, but as an amendment thereto, it was ruled out of order 
 by the Chair, as it proposed more than one amendment, and to dif- 
 ferent portions of the section. 
 
 Mr. WILLIAMSON offered the following amendment: 
 
 Strike out the words "the same" in second line, Paragraph 2, 
 Section 28, and insert " taxes." 
 
 Mr. BAXTER proposed the following amendment : 
 
 Strike out of the 6th line the following words, " so that the same^ 
 shall be equal and uniform throughout the State," so that the sen- 
 tence will read as follows : 
 
 All property shall be taxed according to its value, that value to 
 be ascertained in such manner as the Legislature may direct. 
 
 Mr. BAXTER subsequently withdrew his amendment. 
 
 Mr. WILLIAMSON'S amendment wai then adopted, and the para- 
 graph, as thus amended, was adopted by the Convention. 
 
 Mr. JONES, of Lincoln, offered the following amendment to para- 
 graph 3, of Section 28 : 
 
 Strike out of lines ten and eleven the words, " five hundred dol- 
 lars per annum to be graduated as the Legislature shall direct," and 
 insert, " which shall not exceed the ad valorem tax." 
 
 Mr. STEPHENS proposed the following in lieu of Mr. Jones' 
 amendment : 
 
 After the words " per annum " in tenth line, insert, " and which 
 shall in no case exceed the ad valorem tax assessed upon the same 
 person." 
 
 Which was accepted Mr. JONES. 
 
 Mr. JONES, of Lincoln, demanded the yeas and nays upon the 
 adoption of the amendment, which were ordered, and the amend- 
 ment rejected. 
 
 Yeas ....33 
 
 Nnys 37 
 
 Those voting in the affirmative are : 
 
 Messrs. Allen,. Arledge, Bate. Blizard, Brooks, Brown of David- 
 
284 
 
 son, Campbell, Carter, Chowning, Coffin, Dibbrell, Boherty, Finley, 
 Garner, Grant, Gibbs, Heiskell, Ivie, Jones of Lincoln, Key, Kyle, 
 McNabb, Meeks, Morris, Porter of Hay wood, Shepard, Staley, 
 Stephens, Taylor, Thompson of Davidson, Thompson of Maury, 
 Turner and Warner 33. 
 
 Those voting in the negative are : 
 
 Messrs. Baxter, Brandon, Branson, Britton, Brown of Henry, etc., 
 Burton, Byrne, Cypert, Deaderick, Deavenport, Dromgoole, Fen- 
 tress, Fielder, Fulkerson, Gardner, Gibson, Gordon, Henderson, 
 Hill of Warren, Hill of Gibson, House of Williamson, House of 
 Montgomery, etc., Jones of Giles, Kennedy, Kirkpatrick, McDougal, 
 Martin, Nether land, Nicholson, Parker, Porter of Henry, Sample, 
 Seay, Shelton, Walters, Williamson and Wright 37. 
 
 Mr. BRO\V:N, of Davidson, offered the following amendment to 
 paragraph 3 : 
 
 Strike out the word "privileges," and insert, "such occupations 
 as are not permanent in their character, or one special in their 
 nature." 
 
 Mr. CARTER offered the following in lieu of the paragraph (3) 
 reported by the Committee : 
 
 But the Legislature shall have power to tax merchants, peddlers 
 and privileges, in such manner as they may from time to time 
 direct. 
 
 The further consideration of the amendments was postponed un- 
 til to-morrow. 
 
 On motion of Mr. THOMPSON, of Davidson, the Convention ad- 
 journed until 9J o'clock to-morrow morning. 
 
 FRIDAY MORNING, FEBRUARY 11, 1870, 
 
 The Convention met pursuant to adjournment, Mr. President 
 BROWN in the Chair. 
 
 Prayer by the Rev. Dr. KELLY. 
 
 The Journal of yesterday was read, corrected and approved. 
 
285 
 
 MEMORIALS AND PETITIONS, 
 
 Mr. MEEK^ presented a memorial in favor of the formation of a 
 new county out of portions of Hardin and McJNairy counties, 
 which, without being read, was referred to the Committee on New 
 Counties and County Lines. 
 
 Mr. MARTI x presented a memorial from a large number of citi- 
 zens of Coffee, Bedford, Lincoln and Franklin counties, praying 
 the formation of a new county out of portions of said counties, 
 which, without being read, was referred to the Committee on New 
 Counties and County Lines. 
 
 RECOMMITTED. 
 
 On motion of Mr. COFFIN that portion of the report of the 
 Majority of the Committee on New Counties, which refers to the 
 formation of a new county out of portions of Roane, Blount and 
 Monroe, and all papers referring thereto, were ordered to be recom- 
 mitted to the Committee. 
 
 REPORT OF THE COMMITTEE ON THE JUDICIARY. 
 
 Mr. HELSKELL, from the Committee on the Judiciary, made the 
 following report, which, on his motion, was ordered to be laid on 
 the table, and 100 copies ordered to be printed for the use of the 
 
 Convention : 
 
 The Judiciary Committee to which has been recommitted the 
 schedule heretofore reported, with the amendments made in the 
 House, have reconsidered these matters with others committed to 
 them and submit the following report : 
 
 They have redrawn the schedule so far as it relates to the matters 
 submitted and submit the same herewith. 
 
 They also find it necessary to suggest certain changes in other 
 portions of the Constitution connected with the subject referred. 
 
 They recommend that the elections of Judges and other civil 
 officers be brought on at the same time, and since political elections 
 are, by our action, changed from the 1st Thursday in August, every 
 two yerr-, and that has been found by experience to be a convenient 
 and suitable time for elections, they suggest that this day be appro- 
 priated to the general election for Judicial and civil officers. 
 
 They also suggest certain verbal amendments. 
 
 Section 1. That no inconvenience may arise from a change of the 
 Constitution, it is declared that the Governor of the State, the mem- 
 bers of the General Assembly and all officers, elected at or after the 
 
286 
 
 general election of March., 1870, shall hold their offices for the 
 terms prescribed in this Constitution, 
 
 All other officers shall vacate their places, thirty days after the 
 day fixed for the election ol their successors under this Constitution. 
 
 The Secretary of State, Comptroller and Treasurer shall hold 
 their offices until the first session of the present General Assembly 
 occurring after the ratification of this Constitution and until their 
 successors are elected and qualified. 
 
 The officers then elected shall hold their offices until the loth 
 day of January, 1873. 
 
 At the first election of -Judges under this Constitution there shall 
 be elected six Judges of the Supreme Court, two from each grand 
 division of the State, who shall hold their offices for the term herein 
 prescribed. 
 
 In the event any vacancy shall occur in the office of either of said 
 Judges at any time after the first day of January, 1873, it shall re- 
 main unfilled and the Court shall from that time be constituted of 
 five Judges. 
 
 While the Court shall consist of six judges they may sit in two 
 sections and may hear and determine causes in each at the same time 
 but not in different grand divisions at the same time. 
 
 When so sitting the concurrence of two judges shall be necessary 
 to a decision. 
 
 The Attorney General and Reporter for the State shall be appoint- 
 ed after the election and qualification of the Judges of the Supreme 
 Court herein provided for. 
 
 ARTICLE VIL 
 
 In Section 3, insert after the word " Treasurers," " and a Comp- 
 troller of the Treasury/' and strike out " his or." 
 
 In Section 4, strike out the words " that may happen by death, 
 resignation or removal." 
 
 Strike out Section 5, and substitute : Elections for Judicial and 
 other civil officers shall be held on the first Thursday in August, 
 1870, and forever thereafter on the first Thursday in August next 
 preceding the expiration of their respective terms of service. 
 
 The term of each officer so elected shall be computed from the 
 first day of September next succeeding his election. 
 
 The term of office of the Governor and of other executive 
 officers shall be computed from the 15th of January next after the 
 election of the Governor. 
 
 No appointment or election to fill a vacancy shall be made for a 
 period extending beyond the unexpired term. 
 
 Every officer shall hold his office until his successor is elected or 
 appointed and qualified. 
 
287 
 
 No special election shall be held to fill a vacancy in the office of 
 Judge or District Attorney, but at the time herein fixed for the 
 general elections of civil officers. 
 
 REPORTED BACK. 
 
 Mr. HEISKELL, from the Judiciary Committee reported back tin- 
 resolution of Mr. McDougal in relation to the election of Judges 
 and Attorneys General, and asked to be discharged from its further 
 consideraiion, as the subject of it was embraced m the report here- 
 tofore submitted, and the committee was accordingly discharged. 
 
 LEAVE OF ABSENCE. 
 
 On motion of Mr. PORTER, of Henry, leave of absence was 
 granted Mr. Brown, of Henry, etc., on account of sickness. 
 
 REPORT OX LEGISLATIVE DEPARTMENT FURTHER CONSIDERED. 
 
 The Convention resumed the consideration of the unfinished 
 business of yesterday, the pending question being Mr. Brown's (of 
 Davidson) amendment. 
 
 Mr. BROWN, of Davidson, withdrew his amendment and offered 
 the following in lieu of the same : 
 
 Provided, that the business of farming, mechanical and manufac- 
 turing pursuits and the learned professions shall not be considered 
 privileges under this Constitution. 
 
 Mr. GORDON demanded the yeas and nays on the adoption of 
 the amendment, which were ordered, and the amendment rejected: 
 
 Yeas 18 
 
 Nays ." 45 
 
 Those voting in the affirmative are : 
 
 Messrs. Bate, Blizard, Brown of Davidson, Burkett, Chowning, 
 Coffin, Cypert, Deavenport, Doherty, Gardner, Henderson, House 
 of Williamson, Kirkpatrick, Porter of Haywood, Sample, Taylor, 
 Thompson of Davidson and Walters 18. 
 
 Those voting in the negative are : 
 
 Messrs. Allen, Arledge, Baxter, Brandon, Branson, Britton, 
 Brooks, Byrne, Campbell, Carter, Deaderick, Dibbrell, Dromgoole, 
 Fentress, Fielder, Fulkerson, Garner, Gaut, Gibbs, Gibson, Heiskell, 
 Hill of Warren, Hill of Gibson, House of Montgomery, etc., Ivie, 
 Jones of Lincoln, Kennedy, Key, Kyle, McDougal, McNabb, Mar- 
 
28$ 
 
 tin, Meeks, Morris, Netherland, Nicholson, Parker, Porter of Hen- 
 ry, Seay, Shepard, Stephens, Thompson of Maury, Turner, Warner 
 Williamson and Wright 45. 
 
 The Convention took a recess until 2J o'clock p. M. 
 
 AFTERNOON SESSION. 
 
 Mr. HOUSE, of Williamson, offered the following amendment to 
 paragraph 3, of Section 28 : " After the word " specific " insert the 
 words " or privileges," which was adopted by the Convention. 
 
 Mr. SAMPLE offered the following amendment : 
 
 That capital invested in the buying and selling of merchandise, 
 shall be estimated and taxed according to the capital invested during 
 the fiscal year. And merchants shall pay in addition to an ad valo- 
 rem tax thereupon, a specific tax which the Legislature shall regjrf 
 late by law. 
 
 Mr. JONES, of Lincoln, moved that the Convention adjourn until 
 to-morrow morning 9J o'clock, and demanded the yeas and nays, 
 which were ordered and the motion to adjourn rejected: 
 
 Yeas 16 
 
 Nays 47 
 
 Those voting in the affirmative are: 
 
 Messrs. Arledge, Bate, Brooks, Dromgoole, Fentress, Finley, 
 Jones of Lincoln, Mabry, Martin, Meeks, Morris, Parker, Sample, 
 Staley, Stephens and Thompson of Davidson 16. 
 
 Those voting in the negative are : 
 
 Messrs. Allen, Baxter, Blizard, Brandon, Branson, Britton, Brown 
 of Davidson, Burton, Byrne, Campbell, Carter, Coffin, Deaderick, 
 Deavenport, Dibbrell, Doherty, Fielder, Fulkerson, Gardner, Gar- 
 ner, Gaut, Gibbs, Gibson, Heiskell, Henderson, Hill of Warren, 
 Hill of Gibson, House of Williamson, House of Montgomery, etc., 
 Ivie, Kennedy, Key, Kyle, McNabb, N'cholscn, Porter of Haywood, 
 
289 
 
 Porter of Henry, Seay, Shepard, Shelton, Taylor, Thompson of 
 Matiry, Turner, Walters, Warner, Williamson, Wright and Presi- 
 dent Brown 47. 
 
 Mr. PORTER, of Henry, demanded the previous question. 
 
 Mr. FENTRESS called for the yeas and nays, which were ordered 
 and the demand for the previous question sustained : 
 
 Yeas 41 
 
 Nays 26 
 
 Those voting in the affirmative are: 
 
 Messrs. Allen, Arledge, Baxter, Blizard, Brandon, Branson, Bur- 
 kett, Byrne, Campbell, Carter, Coffin, Cypert, Deaderick, Dibbrell, 
 Doherty, Dromgoole, Fielder, Fulkerson, Gardner, Garner, Gaut, 
 Gibbs, Gibson, Henderson, House of Williamson, House of Mont- 
 gomery, etc., Ivie, Kennedy, Key, Kirkpatrick, Kyle, Martin, Mor- 
 ris, Porter of Haywood, Porter of Henry, Shepard, Shelton, 
 Stephens, Turner, Walters, Wright and President Brown 41. 
 
 Those voting in the negative are : 
 
 Messrs. Bate, Britton, Brooks, Brown of Davidson, Burton, 
 Deavenport, Fentress, Finley, Heiskell, Hill of Warren, Hill of 
 Gibson, Jones of Giles, Mabry, McNabb, Meeks, Netherland, 
 Nicholson, Parker, Sample, Seay, Staley, Taylor, Thompson of 
 Davidson, Thompson of Maury, Warner and Williamson 26. 
 
 At 5 o'clock P. M., Mr. MABRY moved that the Convention ad- 
 journ. 
 
 Mr. BAXTER demanded the yeas and nays, which were ordered 
 and the motion to adjourn rejected. 
 
 Yeas 28 
 
 Nays 40 
 
 Those voting in the affirmative are : 
 
 Messrs. Arledge, Bate, Brandon, Branson, Brooks, Burton, Car- 
 ter, Cypert, Deavenport, Dromgoole, Fentress, Finley, Hill of Gib- 
 sou, Ivie, Jones of Giles, Mabry, McNabb, Martin, Meeks, Nether- 
 land, Nicholson, Parker, Sample, Seay, Staley, Taylor, Thompson 
 of Davidson, and Williamson 28. 
 
 Those voting in the negative are : 
 
 Messrs. Allen, Baxter, Blizard, Britton, Brown of Davidson, 
 Burkett, Byrne, Campbell, Coffin, Deaderick, Dibbrell, Doherty, 
 Fielder, Fulkerson, Gardner, Garner, Gaut, Gibbs, Gibson, Heis- 
 kell, Henderson, Hill of Warren, House of Williamson, House of 
 Montgomery, etc., Kennedy, Key, Kirkpatrick, Kyle, Morris, Por- 
 ter of Haywood, Porter of Henry, Shepard, Shelton, Stephens, 
 Thompson of Maury, Turner, Walters, Warner, Wright and Presi- 
 dent Brown 40. 
 19 
 
290 
 
 Mr. MORRIS demanded the yeas and nays upon the adoption of 
 Mr. Sample's amendment, which were ordered, and the amendment 
 rejected. 
 
 Yeas -. 10 
 
 Nays 55 
 
 Those voting in the affirmative are : 
 
 Messrs. Brandon, Dromgoole, Fulkerson, Hill of Warren, Hill of 
 Gibson, Ivie, Key, Martin, Netherland and Sample 10. 
 
 Those voting in the negative are : 
 
 Messrs. Arledge, Bate, Baxter, Blizard, Branson, Britton, Brooks, 
 Brown of Davidson, Burkett, Burton, Byrne, Campbell, Carter, 
 Coffin, Deaderick, Deavenport, Dibbrell, Doherty, Fentress, Field- 
 er, Finley, Gardner, Garner, Gaut, Gibbs, Gibson, Heiskell, Hen- 
 derson, House of Williamson, House of Montgomery, etc., Jones of 
 Giles, Kennedy, Kirkpatrick, Kyle, Mabry, McNabb, Meeks, Mor- 
 ris, Nicholson, Parker, Porter of Hay wood, Porter of Henry, Shep- 
 ard, fc. tephens, Taylor, Thompson of Davidson, Thompson of Maury, 
 Turner, Walters, Williamson, Wright and President Brown 55. 
 
 Mr. JONES, of Giles, moved that the Convention adjourn until 
 the regular hour of meeting to-morrow morning. 
 
 Mr. MORRIS demanded the yeas and nays, which were ordered, 
 and the motion to adjourn sustained. 
 
 Yeas 46 
 
 Nays. 19 
 
 Those voting in the affirmative are : 
 
 Messrs. Allen, Bate, Baxter, Brandon, Branson, Britton, Brooks, 
 Brown of Davidson, Byrne, Carter, Cypert, Deaderick, Deavenport, 
 Dibbrell, Dromgoole, Finley, Gardner, Gibbs, Heiskell, Henderson, 
 Hill of Warren, Hill of Gibson, House of Williamson, House of 
 Montgomery, etc., Ivie, Jones of Giles, Key, Kyle, Mabry, McNabb, 
 Meeks, Netherland, Nicholson, Parker, Porter of Hay wood, Sample, 
 Seay, Shepard, Staley, Stephens, Taylor, Thompson of Davidson, 
 Thompson of Maury, Walters, Warner and Williamson 46. 
 
 Those voting in the negative are : 
 
 Messrs. Blizard, Burkett, Campbell, Doherty, Fentress, Fielder, 
 Fulkerson, Garner, Gaut, Gibson, Kennedy, Kirkpatrick, Martin, 
 Morris, Porter of Henry, Turner, Wright and President Brown 
 19. 
 
291 
 
 SATURDAY MORNING FEBRUARY 12, 1870. 
 
 The Convention met pursuant to adjournment, Mr. President 
 BROWN in the Chair. 
 
 The Journal of yesterday was read and approved. 
 
 LEAVE OF ABSENCE. 
 
 On motion of Mr. WALTERS, leave of absence was granted Mr. 
 McDougal on account of sickness. 
 
 REPORTS OF COMMITTEES. 
 
 Mr. GARDNER, from the Committee on Finance, Internal Im- 
 provements and Corporations, made the following report : 
 
 The Committee have had under consideration the proposition of 
 the delegate from Montgomery (Mr. Kennedy) on the subject of the 
 further issue of State bonds, and a majority of said Committee have 
 instructed me to report the following in lieu of the original propo- 
 sition, and to recommend its adoption : 
 
 " No bonds of the State shall be issued to any railroad company, 
 which, at the time of its application for the same, shall be in de- 
 fault in paying the interest upon State bonds previously loaned to 
 it or that shall hereafter, and before such application, sell, or ab- 
 solutely dispose of any State bonds loaned to it for less than par. 
 All of which is respectfully submitted. 
 
 JOHN A. GARDNER, 
 
 Chairman. 
 
 MINORITY REPORT. 
 
 Mr. SEAY, from the minority of the Committee on Finance, etc., 
 made the following report on the proposition of Mr. Kennedy : 
 
 " The undersigned cannot concur with the report of the majority 
 of the Committee on said proposition, and beg leave to submit the 
 following reasons ; 
 
 1st. Because we believe the subject matter of said proposition to 
 be more properly matter for legislation, and should be left to be 
 regulated and controlled by the Legislature and not embodied in 
 
292 
 
 the organic law of the State. We believe that the Legislature, 
 coming fresh from the people every two years, will be enabled to 
 legislate in regard to such matters so as best to promote the interests 
 of the Commonwealth and of the people, and in a republican form 
 of government can be safely trusted to protect the interests of the 
 State and citizens in such matters. 
 
 2nd. Because we insist that said proposition not only trenches 
 upon what is more properly a subject for the Legislature to control, 
 but one which should be left to be passed upon by the Judiciary, 
 should a necessity therefor ever arise, and can be safely trusted in 
 their hands. 
 
 3rd. We believe it to be in violation of the spirit of the Consti- 
 tution of the United States, which declares that " no State shall pass 
 any law impairing the obligation of contracts." 
 AIL of which is respectfully submitted. 
 
 GEO. E. SEAT, 
 G. G. DIBBRELL, 
 JOS. A. MABRY. 
 
 On motion of Mr. POETEE, of Hay wood, it was ordered that the 
 reports be laid on the table, and 100 copies be printed for the use of 
 the Convention. 
 
 MEMOEIAL. 
 
 Mr. -KENNEDY presented a memorial from the County Court of 
 Montgomery County, praying for a provision to be made to compel 
 the property-holders of the fractions of said county which have 
 been attached t other counties to pay their proportion of the rail- 
 road tax ; which, without being read, was referred to the Committee 
 on New Counties and County Lines. 
 
 REPOET ON LEGISLATIVE DEPAETMENT FUETHEE CONSIDEEED. 
 
 The Convention resumed the consideration of the unfinished bus- 
 iness of yesterday. 
 
 Mr. GIBSON demanded the yeas and nays upon the adoption of 
 Mr. Carter's amendment in lieu of paragraph 3, of Section 28, 
 which were ordered, and the amendment adopted. 
 
 Yeas 41 
 
 Nays 30 
 
 Those voting in the affirmative are : 
 
 Messrs. Allen, Brandon, Branson, Britton, Brooks, Burton, Car- 
 
293 
 
 tor, r Chowning, Cypert, Deaderick, Dromgoole, Fentress, Fielder, 
 Finley, Fulkorson, Garner, Gibson, Gordon, Henderson, Hill of 
 A\ r urren, Hill of Gibson, Ivie, Jones of Lincoln, Jones of Giles, 
 Key, Kirkpatrick, Kyle, Mabry, McNabb, Martin, Meeks, Morris, 
 Netherland, Nicholson, Parker, Sample, Taylor, Thompson of 
 Maury, Walters and Warner 41. 
 
 Those voting in the negative are : 
 
 Messrs. Bate, Baxter, Blizard, Brown of Davidson, Brown of 
 Henry, etc., Burkett, Byrne,. Campbell, Coffin, Deavenport, Dib- 
 brell, Doherty, Gardner, Gaut, Gibbs, Heiskell, House of William- 
 son, House of Montgomery, etc., Kennedy, Porter of Haywood, 
 Porter of Henry, Seay, Shepard, Shelton, Stephens, Thompson of 
 Davidson, Turner, Williamson, Wright and President Brown 30. 
 
 Mr. HEISKELL demanded the yeas and nays on the adoption of 
 paragraph 3, Section 28, as thus amended, which were ordered, and 
 the paragraph adopted. 
 
 Yeas 41 
 
 Nays 30 
 
 Those voting in the affirmative are : 
 
 Messrs. Allen, Baxter, Brandon, Branson, Britton, Brooks, Bur- 
 kett, Carter, Chowning, Cypert, Deaderick, Dromgoole, Fentress, 
 Fielder, Finley, Fulkerson, Garner, Gibson, Gordon, Henderson, 
 Hill of Warren, Hill of Gibson, Ivie, Jones of Lincoln, Jones of 
 Giles, Key, Kirkpatrick, Kyle, Mabry, McNabb, Martin, Meeks, 
 Morris, Netherland, Nicholson, Parker, Sample, Staley, Thompson 
 of Maury, Walters and Warner 41. 
 
 Those voting in the negative are : 
 
 Messrs. Bate, Blizard, Brown of Davidson, Brown of Henry, etc., 
 Burton, Byrne, Campbell, Coffin, Deavenport, Dibbrell, Doherty, 
 Gardner, Gaut, Gibbs, Heiskell, House of Williamson, House of 
 Montgomery, etc., Kennedy, Porter of Haywood, Porter of Henry, 
 Seay, Shepard, Shelton, Stephens, Taylor, Thompson of Davidson, 
 Turner, Williamson, Wright and President Brown 30. 
 
 Mr. GARNER moved to reqonsider the vote adopting the para- 
 graph, and further moved to lay the motion to reconsider on the 
 table, which latter motion was adopted. 
 
 Mr. JONES, of Lincoln, moved to amend by striking out the 
 
 fourth paragraph. 
 
 Mr. KENNEDY offered the following in lieu of paragraph 4 : 
 
 " The Legislature shall have power to levy a tax upon incomes 
 
 derived from stocks and bonds that are not taxed ad valorem." 
 
294 
 
 Mr. BAXTER demanded the previous question, which was sus- 
 tained. 
 
 Mr. JONES, of Lincoln, demanded the yeas and nays on his mo- 
 tion to strike out, which were ordered, and the motion to strike out 
 rejected. 
 
 Yeas 14 
 
 Nays 53 
 
 Those voting in the affirmative are : 
 
 Messrs. Branson, Coffin, Dromgoole, Finley, Garner, Gibson, 
 Jones of Lincoln, Kyle, Nicholson, Parker, Sample, Staley, Thomp- 
 son of Maury and Williamson 14. 
 
 Those voting in the negative are : 
 
 Messrs. Allen, Bate, Baxter, Blizard, Brandon, Britton, Brooks, 
 Brown oi Davidson, Brown of Henry, etc., Burkett, Byrne, Camp- 
 bell, Carter, Chowning, Deaderick, Deavenport, Dibbrell, Doherty, 
 Fentress, Fielder, Fulkerson, Gardner, Gibbs, Heiskell, Henderson, 
 Hill of Warren, Hill of Gibson, House of Williamson, House of 
 Montgomery, etc., I vie, Jones of Giles, Kennedy, Key, Kirkpatrick, 
 Mabry, McNabb, Martin, Meeks, Morris, Netherland, Porter of 
 Hay wood, Porter of Henry, Seay, Shepard, Shelton, Stephens, Tay- 
 lor, Thompson of Davidson, Turner, Walters, Warner, Wright and 
 President Brown 53. 
 
 Mr. JONES, of Lincoln, demanded the yeas and nays on the 
 adoption of Mr. Kennedy's amendment in lieu, which were or- 
 ordered, and the amendment in lieu adopted. 
 
 Yeas 67 
 
 Nays 2 
 
 Those voting in the affirmative are : 
 
 Messrs. Allen, Baxter, Blizard, Brandon, Branson, Britton, 
 Brooks, Brown of Davidson, Brown of Henry, etc., Burkett, Byrne, 
 Campbell, Carter, Chowning, Coffin, Cypert, Deaderick, Deaven- 
 port, Dibbrell, Doherty, Dromgoole, Fentress, Fielder, Finley, 
 Fulkerson, Gardner, Garner, Gaut, Gibbs, Gibson, Gordon, Heis- 
 kell, Henderson, Hill of W r arren, Hill of Gibson, House oi Wil- 
 liamson, House of Montgomery, etc., Ivie, Jones of Giles, Kennedy, 
 Key, Kirkpatrick, Kyle, Mabry, McNabb, Martin, Meeks, Morris, 
 Netherland, Nicholson, Parker, Porter of Hay wood, Porter of Henry, 
 Sample, Seay, Shepard, Shelton, Staley, Stephens, Taylor, Thompson 
 of Davidson, Thompson of Maury, Turner, Walters, Warner and 
 President Brown 67. 
 
 Those voting in the negative are : 
 
 Messrs. Jones of Lincoln and Williamson 2. 
 
295 
 
 Paragraph 4, as thus amended, was adopted by the Convention. 
 
 Mr. BAXTER offered the following amendment to paragraph 5 : 
 
 Strike out the 15th and 16th lines, and insert : 
 
 "All male citizens of this State over the age of twenty-one years, 
 except such persons as may be exempted by law on account of age 
 or other infirmity, shall be liable to a poll-tax of not less than one, 
 nor more than two dollars per annum." 
 
 Mr. GIBSON offered the following amendment to Mr. Baxter's 
 amendment : 
 
 Add : " Provided, The Legislature shall have no power to levy 
 a poll-tax, so long as the payment of such tax is a necessary quali- 
 fication for voting." 
 
 Which was ruled out of order by the Chair, the matter having 
 been acted on and decided by the Convention. 
 
 Mr. TURNER submitted the following amendment to Mr. Baxter's 
 amendment : 
 
 Insert at the end of the section : " Nor shall any county or cor- 
 poration levy a poll-tax exceeding the amount levied by the State. 
 
 Mr. BAXTER demanded the yeas and nays on the adoption of 
 Mr. Turner's amendment, which were ordered, and the amendment 
 adopted. 
 
 Yeas.... 46 
 
 Nays 18 
 
 Those voting in the affirmative are : 
 
 Messrs. Blizard, Brandon, Branson, Brooks, Brown of Davidson, 
 Burkett, Byrne, Campbell, Carter, Coffin, Cypert, Daavenport, Do- 
 herty, Dromgoole, Feutress, Fielder, Finley, Gardner, Garner, 
 Gibson, Gordon, Heiskell, Hill of Warren, Hill of Gibson, House 
 of Williamson, House of Montgomery, etc., Jones of Giles, Ken- 
 nedy, Key, Mabry, Martin, Morris, Parker, Porter of Haywood, 
 Porter of Henry, Seay, Shepard, Shelton, Staley, Stephens, Taylor, 
 Thompson of Davidson, Thompson of Maury, Turner, Williamson 
 and President Brown 46. 
 
 Those voting in the negative are : 
 
 Messrs. Baxter, Britton, Deaderick, Fulkerson, Gaut, Gibbs, 
 Henderson, Ivie, Jones of Lincoln, Kyle, McNabb, Meeks, Nichol- 
 son, Sample, Walters and Warner 18. 
 
 Mr. BAXTER offered to amend his amendment by striking out 
 " one dollar" and inserting "fixty cents," and by striking out 
 " two " and inserting " one dollar." 
 
296 
 
 Mr. HEISKELL demanded the yeas and nays upon the adoption 
 of the amendment, which were ordered, and the amendment was 
 adopted. 
 
 Yeas 48 
 
 Nays 19 
 
 Those voting in the affirmative are : 
 
 Messrs. Allen, Baxter, Blizard, Branson, Burton, Byrne, Carter, 
 Chowning, Coffin, Cypert, Deaderick, Deavenport, Dibbrell, Do- 
 herty, Fentress, Fielder, Finley, Fulkerrson, Gaut, Gibbs, Gibson, 
 Henderson, Hill of Warren, Hill of Gibson, House of Williamson, 
 I vie, Jones of Lincoln, Kennedy, Key, Kirkpatrick, Kyle, McNabb, 
 Martin, Meeks, Morris, Netherland, Nicholson, Parker, Porter of 
 Henry, Sample, Seay, Staley, Thompson of Maury, Turner,. 
 Walters, Warner, Williamson and President Brown 48. 
 
 Those voting in the negative are : 
 
 Messrs. Bate, Brandon, Brooks, Brown of Davidson, Burkett, 
 Campbell, Dromgoole, Gardner, Garner, Gordon, Heiskell, House 
 of Montgomery, etc., Jones of Giles, Porter of Hay wood, Shepard, 
 Shelton, Stephens, Thompson of Davidson and Wright 19. 
 
 Mr. GARNER offered the following in lieu of Mr. Baxter's amend- 
 ment : 
 
 Strike out lines 15 and 16 Section 28, and insert in lieu thereof^ 
 
 A tax on polls shall be laid in such manner, and of such an 
 amount, as may be prescribed by law. 
 
 Mr. FULKERSON moved to lay the amendment on the table. 
 
 Mr. GARNER demanded the yeas and nays, which were ordered, 
 and the motion to lay on the table sustained. 
 
 Yeas 5$ 
 
 Nays.. 10 
 
 Those voting in the affirmative are : 
 
 Messrs, Allen, Baxter, Blizard, Branson, Britton, Brooks, Brown 
 of Davidson, Burkett, Burton, Byrne, Campbell, Carter, Chowning, 
 Coffin, Deaderick, Deavenport, Dibbrell, Doherty, Dromgoole, 
 Finley, Fulkerson, Gardner, Gaut, Gibbs, Gibson, Gordon, Heis- 
 kell, Henderson, Hill of Warren, Hill of Gibson, House of Wil- 
 liamson, House of Davidson, etc., Ivie, Jones of Giles, Kennedy, 
 Key, Kirkpatrick, Kyle, McNabb, Netherland, Nicholson, Parker, 
 Porter of Haywood, Porter of Henry, Sample, Seay, Shepard,. 
 Shelton, Staley, Thompson of Maury, Turner, Walters, Warner, 
 Williamson and Wright-r-56. 
 
 Those voting in the negative are : 
 
 Messrs. Cypert, Fentress, Fielder, Garner, Jones of Lincoln^ 
 Martin, Meeks^ Morris, Stephens and Taylor- 10, 
 
297 
 
 Mr. HOUSE, of Montgomery, moved to lay the amendment of 
 Mr. Baxter on the table. 
 
 Mr. FiELDER^demanded the yeas and nays, which were ordered, 
 and the motion to lay on the table rejected. 
 
 Yeas 24 
 
 Nays 41 
 
 Those voting in the affirmative are : 
 
 Messrs. Bate, Brandon, Brooks, Brown of Davidson, Burkett, 
 Campbell, Cypert, Dibbrell, Dromgoole, Gardner, Garner, Gordon, 
 Heiskell, House of Montgomery, etc., Jones of Giles, Kennedy, 
 Porter of Haywood, Porter of Henry, Seay, Shepard, Shelton, 
 Stephens, Thompson of Davidson, Williamson and Wright 24. 
 
 Those voting in the negative are : 
 
 Messrs. Baxter, Blizard, Branson, Britton, Burton, Byrne, Carter, 
 Coffin, Deaderick, Deavenport, Doherty, Fentress, Fielder, Finley, 
 Fulkerson, Gaut, Gibbs, Gibson, Henderson, Hill of Warren, Hill 
 of Gibson, House of Williamson, I vie, Jones of Lincoln, Key, 
 Kyle, Mabry, McNabb, Martin, Meeks, Morris, Netherland, 
 Nicholson, Parker, Sample, Staley, Taylor, Thompson of Maury, 
 Turner, Walters and Warner 41. 
 
 Mr. JONES, of Lincoln, demanded the yeas and nays on Mr. Bax- 
 ter's amendment, which were ordered, and the amendment adopted. 
 
 Yeas 56 
 
 Nays 11 
 
 Those voting in the affirmative are : 
 
 Messrs. Allen, Baxter, Blizard, Brandon, Branson, Britton, 
 Brooks, Brown of Davidson, Brown of Henry, etc., Burkett, Bur- 
 ton, Byrne, Campbell, Chowning, Coffin, Cypert, Deaderick, Dea- 
 venport, Dibbrell, Doherty, Dromgoole, Fentress, Fielder, Finley, 
 Fulkerson, Garner, Gaut, Gibbs, Gibson, Gordon, Henderson, Hill 
 of Warren, Hill of Gibson, House of Williamson, Ivie, Jones of 
 Giles, Kennedy, Key, Kirkpatrick, Kyle, McNabb, Martin, Meeks, 
 Netherland, Nicholson, Parker, Porter of Haywood, Porter of 
 Henry, Sample, Seay, Thompson of Davidson, Thompson of Maury, 
 Turner, Walters, Warner, Williamson and President Brown 56. 
 
 Those voting in the negative are : 
 
 Messrs. Carter, Gardner, Heiskell, House of Davidson, etc., 
 Jones of Lincoln, Morris, Shepard, Shelton, Stephens, Taylor, 
 and Wright 11. 
 
 Mr. STEPHENS moved that when the Convention adjourn to-day, 
 it adjourn until Monday morning at 10 o'clock. 
 
298 
 
 Mr. FIELDER demanded the yeas and nays, which were ordered 
 and the motion to adjourn over rejected : 
 
 Yeas ,29 
 
 Nays 40 
 
 Those voting in the affirmative are : 
 
 Messrs. Allen, Bate, Blizard, Brooks, Barton, Campbell, Carter, 
 Chowning, Coffin, Doherty, Dromgoole, Gibbs, Gordon, House of 
 Williamson, House of Montgomery, etc., Ivie, Jones of Giles, Ken- 
 nedy, Martin, Netherland, Parker, Porter of Hay wood, Porter of 
 Henry, Shelton, Stephens, Thompson of Davidson, Williamson, 
 Wright and President Brown 29. 
 
 Those voting in the negative are : 
 
 Messrs. Baxter, Brandon, Branson, Britton, Brown of t)avidson, 
 Burkett, Byrne, Cypert, Deaderick, Deavenport, Dibbrell, Fentress, 
 Fielder, Finley, Fulkerson, Gardner, Garner, Gaut, Gibson, Heis- 
 kell, Henderson, Hill of Warren, Hill of Gibson, Jones of Lincoln, 
 Key, Kirkpatrick, Kyle, McNabb, Meeks, Morris, Nicholson, 
 Sample, Seay, Shepard. Staley, Taylor, Thompson of Maury, Tur- 
 ner, Walters and Warner. 40. 
 
 The hour of recess having arrived the Convention took a recess 
 until 2J o'clock P. M. 
 
 AFTERNOON SESSION. 
 
 On motion of Mr. HILL, of Gibson, the roll was called and the 
 following named delegates answered to their names, viz : 
 
 Messrs. Allen, Bate, Baxter, Blizard, Brandon, Britton, Brooks, 
 Brown of Davidson, Burkett, Byrne, Campbell, Carter, Chowuing, 
 Coffin, Deaderick, Deavenport, Dibbrell, Doherty, Dromgoole, Fen- 
 tress, Fielder, Fulkerson, Gardner, Garner, Gaut, Gibbs, Gibson, 
 Gordon, Heiskell, Henderson, Hill of Warren, Hill of Gibson, 
 Jones of Giles, Key, McNabb, Martin, Meeks, Morris, Nicholson, 
 Netherland, Parker, Porter of Henry, Seay, Shepard, Shelton, 
 Staley, Taylor, Walters and Warner 49. 
 
 It being announced that there was not a quorum present. 
 
 Mr. BATE moved to adjourn, whereupon a vote was taken and it 
 appeared that there was not a quorum present. 
 
299 
 
 Immediately after the announcement of the vote, a sufficient 
 number of delegates appeared in the Hall to constitute a quorum 
 and the motion to adjourn was withdrawn. 
 
 LEGISLATIVE DEPARTMENT FURTHER CONSIDERED. 
 
 Mr. GAUT offered the following resolution as an amendment to 
 Section 32 of the report of the Committee on the Legislative De- 
 partment : 
 
 Resolved, That the General Assembly may, by general law, au- 
 thorize the inhabitants of cities, towns and civil districts within the 
 State, by a vote of the majority of all the qualified voters of such 
 cities, towns and civil districts as the General Assembly may pre- 
 scribe, to prohibit the sale of intoxicating liquors within their re- 
 spective limits. 
 
 Mr. COFFIN moved to amend the resolution by inserting, in- 
 stead of "a majority of all the qualified voters" "by a vote of two- 
 thirds of all the qualified voters, etc." 
 
 Mr. GIBBS moved to lay the amendment of Mr. Gaut and all the 
 amendments thereto on the table and called for the yeas and nays, 
 which resulted as follows : 
 
 Yeas 21 
 
 Nays 33 
 
 Those voting in the affirmative are : 
 
 Messrs. Brandon, Brown of Davidson, Deavenport, Dromgoole, 
 Fulkerson, Gardner, Garner, Gibbs, Gibson, Gordon, Hill of War- 
 ren, Hill of Gibson, Key, Morris, Porter of Henry, Seay, Shelton, 
 Thompson of Davidson, Williamson and Wright 19. 
 
 Those voting in the negative are : 
 
 Messrs. Allen, Bate, Baxter, Blizard, Branson, Brooks, Burkett, 
 Byrne, Campbell, Carter, Chowning, Coffin, Deaderick, Dibbrell, 
 Doherty, Fentress, Fielder, Gaut, Heiskell, Henderson, Jones 
 of Giles, Kyle, McNabb, Martin, Meeks, Nicholson, Porter of 
 Hay wood, Sample, Shepard, Walters and President Brown 33. 
 
 Mr. GIBBS offered the following amendment to Mr. Gaut's : add 
 after " liquors " " or tobacco," which was subsequently withdrawn. 
 Mr. GAUT'S amendment was then rejected by a tie vote : 
 
 Yeas 29 
 
 Nays 29 
 
 Those voting in the affirmative are : 
 
 Messrs. Allen, Bate, Baxter, Blizard, Britton, Brooks, Burkett, 
 
300 
 
 Byrne, Carter, Chowning, Coffin, Deaderick, Dibbrell, Doherty, 
 Fentress, Gaut, Heiskell, Henderson, Jones of Giles, Kirkpatrick, 
 Kyle, Mabry, Meeks, Netherland, Nicholson, Porter of Hay wood, 
 Sample, Shepard and Walters 29. 
 
 Those voting in the negative are : 
 
 Messrs. Brandon, Branson, Brown of Davidson, Campbell, Dea- 
 venport, Dromgoole, Fielder, Finley, Fulkerson, Garner, Gardner, 
 Gibbs, Gibson, Gordon, Hill of Warren, Hill of Gibson, Key, 
 Martin, Morris, Porter of Henry, Seay, Shelton, Staley, Thompson 
 of Maury, Warner, Williamson and Wright 29. 
 
 Mr. GIBSON offered the following as an independent section : 
 " No law of a general nature shall take effect until the 60th clay 
 after its passage, unless the preamble to such law recite that the pub- 
 lic welfare requires that the law take effect sooner." 
 
 Mr. BAXTER moved to lay the amendment of Mr. Gibson on the 
 table, which was adopted, but the amendment was subsequently 
 taken from the table and referred to the Committee on the Legisla- 
 tive Department. 
 
 Mr. DROMGOOLE offered the following resolution which was read 
 and ordered to be laid upon the table until Tuesday : 
 
 " All the revenues of this State after defraying the current ex- 
 penses of the Government shall be applied to the payment of the 
 just debts of the State, and no other application of its revenues 
 shall be made until the debts of the State are paid." 
 
 PROTEST. 
 
 Mr. HEISKELL offered the following protest, which was read and 
 ordered to be spread upon the Journal : 
 
 The undersigned have voted against the proposition to except 
 merchants from the protection of the Constitution, and from the 
 rate of equal taxation guaranteed to other classes of the community, 
 ask leave to enter a protest against what they regard as a declara- 
 tion that the merchant is not entitled to the rights of a citizen. 
 
 We think that the principles of constitutional government re- 
 quire that every class of men shall be entitled to the same protec- 
 tion against oppression and against unequal burthens which are 
 guaranteed to other classes. The provision inserted by the Con- 
 vention, borrowed from the Constitution of 1834, declares that all 
 men shall be taxed equally except merchants and peddlers. Why 
 they should be singled out and subjected to a rule of taxation ab- 
 solutely prohibited as to any other citizen, the subscribers cannot 
 well perceive. They can see no good reason why merchants should 
 
301 
 
 not on the same principle be excluded from the protection of the 
 Constitution as to trial by jury, or habeas corpus, or the clauses 
 which give every man, for an injury done him in " his lands, goods, 
 person or reputation," a remedy by due course of law. 
 
 It seems to us that such a proposition is no worse than this power 
 expressly conferred on the Legislature to impose upon a small class 
 of citizens all the burthens of the State. 
 
 It, for the period which has elapsed since the Constitution of 
 1834, this power had remained without exercise, or if the power 
 had been exercised with any regard to principles of justice we 
 might be less reluctant to submit to the violation of the principles 
 of free and just government contained in this objectionable clause 
 of the organic law. 
 
 But we know not only that existing power is contrary to just 
 principles, but that it has been continually exercised to discriminate 
 grievously against a portion of our citizens, to overrate them with 
 burthens from which others are protected, by taxation amounting 
 to from ten times to one hundred times the amount imposed on 
 other citizens on the use of the same amount of property or capital. 
 We have on this floor one member who, as a merchant, operating 
 on a small capital, actually paid a tax of twenty-five cents on every 
 dollar of his capital for the privilege of using it one year as a mer- 
 chant. One-fourth of the whole of his capital taken in one year 
 for taxes, while every other citizen, not of his class, paid at the 
 same time twenty-five cents on every one hundred dollars of his 
 capital, a tax actually one hundred times as much on this individual 
 as upon his neighbors. 
 
 A departure from principles so odious, with known consequences 
 so abhorrent to our sense of justice, and so calculated to depress the 
 interests of trade and commerce, we cannot allow to pass without 
 putting on record our solemn protest against it. 
 
 We respectfully submit this protest, and ask that it may be 
 spread on the Journal. 
 
 W. H. STEPHENS, 
 NEIL S. BROWN, 
 ALEX. W. CAMPBELL, 
 S. G. SHEPARD, 
 W. M. WRIGHT, 
 J. C. THOMPSON, 
 H. R. BATE, 
 GEORGE C. PORTER, 
 T. M. BURKETT, 
 W. BYRNE, 
 G. G. DIBBRELL, 
 J. B. HEISKELL, 
 E. H. SHELTON. 
 Mr. BAXTER offered the following resolution as an amendment 
 
301 
 
 in lieu of third amendment reported by the Committee on Finance, 
 which was ordered to be laid over until Tuesday : 
 
 " Strike out the third amendment reported by the Committee on 
 Finance, Internal Improvement and Corporations and insert : 
 
 " The rate of interest shall be fixed by law, and shall be uniform 
 throughout the State, but the Legislature shall have power to pro- 
 vide by law for a conventional rate of interest." 
 
 REPORT ON CORPORATIONS CONSIDERED. 
 
 The Convention took up the report of the Committee on Corpo- 
 rations. 
 
 Mr. BAXTER offered the following amendment : 
 
 Insert after the word " no " in the first line the word " private." 
 
 Mr. BAXTER demanded the yeas and nays upon the adoption of 
 his amendment, which were ordered, and the amendment rejected. 
 
 Yeas 12 
 
 Nays 44 
 
 Those voting in the afnative are : 
 
 Messrs. Bate, Baxter, Chowning, Campbell, Fielder, Finley, 
 Jones of Giles, Netherland, Thompson of Davidson, Warner, Wil- 
 liamson and President Brown 12. 
 
 Those voting in the negative are : 
 
 Messrs. Allen, Blizard, Branson, Britton, Brooks, Brown of Da- 
 vidson, Burkett, Byrne, Carter, Coffin, Cypert, Deaderick, Deaven- 
 port, Dibbrell, Doherty, Fentress, Fulkerson, Gardner, Garner, 
 Gibson, Gordon, Heiskell, Henderson, Hill of Warren, Hill of 
 Gibson, Key, Kyle, McNabb, Martin, Morris, Nicholson, Parker, 
 Porter of Hay wood, Porter of Henry, Sample, Seay, Shepard, Shel- 
 ton, Staley, Taylor, Thompson of Maury, Walters and Wright 
 44. 
 
 Mr. NICHOLSON proposed to amend by adding at the end of the 
 paragraph the following : 
 
 " But no such alteration or repeal shall interfere with o,r divest 
 rights which have become vested." 
 
 On motion of Mr. BAXTER, the further consideration of the sub- 
 ject was postponed until Tuesday. 
 
 On motion of Mr. BAXTER, the Convention adjourned until 
 Monday morning at 10 o'clock. 
 
303 
 
 MONDAY MORNING, FEBRUARY 14, 1870. 
 
 The Convention met pursuant to adjournment, Mr. President 
 BROWN in the Chair. 
 
 Prayer by the Rev. Dr. YOUNG. 
 
 The Journal of Saturday was read and approved. 
 
 REPORT ON CORPORATIONS FURTHER CONSIDERED. 
 
 Mr. JONES, of Lincoln, offered the following amendment to the 
 report of the Committee on Incorporations, which was read and 100 
 copies ordered to be printed : 
 
 Add at the end of the Section on Corporations : 
 
 " Every stockholder in an incorporated Stock Company shall re- 
 fund to the Company or its creditors, all dividends received by them 
 respectively, in case it shall, at any time, be necessary to pay the 
 liability of the Company." 
 
 THE FIFTEENTH AMENDMENT TO THE FEDERAL CONSTITUTION. 
 
 Mr. GIBSON offered the following preamble and resolution, which, 
 under the rule, lies over one day. 
 
 WHEREAS, It is now settled in political science that suffrage is 
 a right and not a privilege ; and 
 
 WHEREAS, Three-fourths of the States have ratified, or soon will 
 ratify, the proposed amendment to the Constitution of the United 
 States, known as Article XV ; and 
 
 WHEREAS, Upon such ratification universal suffrage will be the 
 supreme law of the land, whether Tennessee participates in such 
 ratification or not ; and 
 
 WHEREAS, It is believed that such ratification by Tennessee will 
 not only be in fulfillment of the political pledges of the last can- 
 vass for Governor and members of the Legislature, but will also 
 accelerate the removal of disabilities now resting on many Ten- 
 nesseeans by virtue of the XIV amendment to the United States 
 Constitution ; therefore, 
 
 Resolved, That it is the sense of this Convention that the Legis- 
 lature of the State of Tennessee should, without delay, ratify said 
 proposed amendment to the Constitution of the United States 
 known as Article XV. 
 
304 
 
 MANAGEMEN-T OF STATE FINANCES. 
 
 Mr. CARTER offered the following resolution, which, under the 
 rule, was ordered to lie over : 
 
 Resolved, That a committee of five members be appointed to in- 
 vestigate and make report upon the management of the finances of 
 the State, with power to send for persons and papers, and to exr 
 amine parties and witnesses on oath. 
 
 EXPENSES OF THE CONVENTION, 
 
 Mr. WILLIAMSON offered the following resolution, which, under 
 a suspension of the rules, was adopted : 
 
 Resolved, That a committee of three be appointed by the Presi- 
 dent to inquire into and audit the expenses of this Convention, and 
 report the same at as early a day as practicable. 
 
 Whereupon the President appointed Messrs. WILLIAMSON, POR- 
 TER of Hay wood, and BURKETT, to constitute said Committee. 
 
 REPORT OF COMMON SCHOOLS CONSIDERED. 
 
 Mr. JONES, of Lincoln, moved to strike out in line six of the 
 Report of Committee on Common Schools the word " educational " 
 and insert "free or common schools" which was adopted. 
 
 Mr. NICHOLSON moved to insert in line three after " assessed/' 
 he words " by the State/ 7 which was adopted. 
 
 Mr. GORDON proposed to amend the report of the Committee by 
 filling the blanks with five and sixteen years, which was rejected. 
 
 Mr. GIBSON moved to insert six instead of five, and eighteen in- 
 stead of sixteen, which was adopted. 
 
 Mr. HEISKELL moved to insert 7 instead of 6> and 19 instead of 
 18, which was rejected : 
 
 Yeas 29 
 
 Nays 36 
 
 Those voting in the affirmative are : 
 
 Messrs. Baxter, Blackburn, Blizard, Brandon, Branson, Britton, 
 Brown of Davidson, Burkett, Byrne, Chowning, Cypert, Deaven- 
 port, Finley, Fulkerson, Gibson, Gordon, Henderson, Key, Kirk- 
 
305 
 
 patrick, Kyle, McNabb, Mceks, Nicholson, Parker Sample, Staler, 
 Thompson of Davidson, Thompson of Maury and Walters 2!). 
 
 Those voting in the negative are : 
 
 Messrs. Allen, Bate, Brooks, Campbell, Carter, Coffin, Dibbrell, 
 Doherty, Fentress, Fielder, Gardner, Garner, Gaut, Gibbs, Heis- 
 kell, Hill of Warren, Hill of Gibson, House of Williamson, House 
 of Montgomery, etc., Jones of Lincoln, Jones of Giles, Kennedy, 
 Mabry, Martin, Morris, Netherland, Porter of Hay wood, Porter of 
 Henry, Seay, Shepard, Shelton, Stephens, Taylor, Warner, Wil- 
 liamson and Wright 36. 
 
 Mr. WILLIAMSON moved to insert " twenty " instead of " nine- 
 teen," which was rejected. 
 
 Mr. PORTER, of Haywood, moved to lay the report of the Com- 
 mittee on the table. 
 
 Mr. BAXTER demanded the yeas and nays, which were ordered, 
 and the motion to lay on the table rejected. 
 
 Yeas 21 
 
 Nays 44 
 
 Those voting in the affirmative are : 
 
 Messrs. Allen, Arledge, Bate, Campbell, Coffin, Dibbrell, Fen- 
 tress, Fielder, Garner, Gaut, Gibbs, Heiskell, Hill of Warren, 
 House of Montgomery, etc., Jones of Lincoln, Jones of Giles, Ken- 
 nedy, Mabry, Porter of Haywood, Shepard and Shelton 21. 
 
 Those voting in the negative are : 
 
 Messrs. Baxter, Blackburn, Blizard, Branson, Brandon, Britton, 
 Brooks, Brown of Davidson, Burkett, Byrne, Carter, Chowninu. 
 Cypert, Deaderick, Deavenport, Doherty, Finley, Fulkerson, Gard- 
 ner, Gibson, Gordon, Henderson, Hill of Gibson, House of Wil- 
 liamson, Key, Kirkpatrick, Kyle, Martin, Morris, Meeks, Nether- 
 land, Nicholson, Parker, Porter of Henry, Sample, Seay, Staley, 
 Taylor, Thompson of Davidson, Walters, Warner, Williamson, 
 Wright and President Brown 44. 
 
 Mr. PORTER, of Haywood, oifered the following amendment to 
 the report of the Committee: 
 
 " The General Assembly may, by general law, provide for the es- 
 tablishment and maintenance of free schools for the gratuitous in- 
 struction of all the children of this State between the ages of 
 
 and - - years, and shall have power to provide such ways and 
 means for the maintenance and support of such schools as may IM- 
 deemed expedient." 
 
 Mr. KIRKPATRICK moved to lay the amendment on the table 
 20 
 
306 
 
 Mr. GARNER demanded the yeas and nays, which resulted as fol- 
 lows : 
 
 Yeas ....................................................................... 43 
 
 Nays ....................................................................... 19 
 
 Those voting in the affirmative are : 
 
 Messrs. Baxter, Blackburn, Blizard, Brandon, Branson, Britton, 
 Brooks, Brown of Davidson, Burkett, Byrne, Chowning, Cypert, 
 Deaderick, Deavenport, Doherty, Finley, Gardner, Gaut, Gibbs, 
 Gibson, Gordon, Henderson, Hill of Gibson, House of Williamson, 
 Jones of Lincoln, Key, Kirkpatrick, Kyle, Mabry, McNabb, Mar- 
 tin, Meeks, Morris, Netherland, Nicholson, Sample, Shepard, 
 Staley, Taylor, Thompson of Davidson, Walters, Warner and 
 
 Those voting in the negative are : 
 
 Messrs. Allen, Arledge, Bate, Campbell, Carter, Dibbrell, Fen- 
 tress, Fielder, Fulkerson, Garner, Heiskell, Hill of Warren, Jones 
 of Giles, Kennedy, Porter of Haywood, Porter of Henry, Seay, 
 Shelton and Williamson 19. 
 
 INTOXICATING LIQUORS. 
 
 Mr. FIELDER moved to reconsider the vote by which Mr. Gaut's 
 proposition in relation to the sale of intoxicating liquors was re- 
 jected. 
 
 Mr. JONES moved to lay the motion to reconsider on the table. 
 
 Mr. BURKETT demanded the yeas and nays, which were ordered, 
 and the motion to lay on the table rejected. 
 
 Yeas ........................................................................ 27 
 
 Nays ..................................................... ................ 34 
 
 Those voting in the affirmative are : 
 
 Messrs. Arledge, Baxter, Blackburn, Brandon, Brown of David- 
 son, Campbell, Chowning, Cypert, Deavenport, Finley, Garner, 
 Gibbs, Henderson, Hill of Warren, Hill of Gibson, Key, Martin, 
 Morris, Meeks, Nicholson, Porter of Henry, Seay, Taylor, Thomp- 
 son of Davidson, Warner, Williamson and Wright 27. 
 
 Those voting in the negative are : 
 
 Messrs. Bate, Blizard, Branson, Britton, Brooks, Burkett, Byrne, 
 Cartor, Coffin, Deaderick, Dibbrell, Doherty, Fentress, Fielder, 
 Gardner, G,aut, Gibson, Gordon, Heiskell, House of Williamson, 
 House of Davidson, etc., Jones of Giles, Kirkpatrick, Kyle, 
 
307 > 
 
 Mabry, McNabb, Nethej'land, Parker, Porter of Haywood, Sample, 
 ^hepard, Staley and Walters 34. 
 
 The further consideration of the motion to reconsider was post- 
 poned to Wednesday next. 
 
 COMMON SCHOOLS FURTHER CONSIDERED. 
 
 The Convention proceeded to the consideration of the unfinished 
 business of Saturday, the report of the Special Committee on Com- 
 mon Schools. 
 
 Mr. TAYLOR offered the following amendment : 
 
 Add to the end of paragraph after the word " purposes " the fol- 
 lowing : 
 
 " Provided, The Legislature shall have power to establish such a 
 system throughout the State, so as to prevent the instruction of 
 white children and negro children at the same institution or free 
 school. 
 
 Mr. HEISKELL offered the following amendment : 
 
 Strike out in first line of report of Committee : " It shall be the 
 duty of the General Assembly," and insert " the General Assembly 
 may." 
 
 Mr. FENTRESS offered the following in lieu of the report of the 
 Committee : 
 
 The General Assembly may authorize the County Courts of each 
 county in this State to levy and collect a school tax for free com- 
 mon school purposes, for the children in such counties between the 
 ages of six and eighteen years ; Provided, That in case any county 
 shall establish common schools within the limits thereof, there shall 
 be separate schools for white and negro children. 
 
 The Convention took a recess until 2J o'clock P. M. 
 
 AFTERNOON SESSION. 
 
 Mr. CAMPBELL offered the following in lieu of the report of the 
 Committee on Common Schools : 
 
 " It shall be the duty of the General Assembly to provide for the 
 
t 308 
 
 establishment of free schools for the gratuitous instruction of all 
 the children of this State between the ages of six and eighteen years. 
 For this purpose, the ordinary tax assessed by the State on polls, 
 under the provisions of this Constitution, shall never be applied to 
 other than for free school purposes, ; and the General Assembly 
 may, from time to time, provide such additional means as may be 
 necessary for the support of a system of common schools." 
 
 Which amendmen-t in lieu was, by the unanimous consent of his 
 House, accepted by Mr. GORDON, the Chairman of the Committee. 
 
 Mr. TAYLOR demanded the yeas and nays on the adoption of the 
 amendment, which were ordered, and the amendment adopted. 
 
 Yeas '- 60 
 
 Nays 11 
 
 Those voting in the affirmative are : 
 
 Messrs. Allen, Arledge, Bate, Brandon, Brooks, Brown of David- 
 son, Burkett, Burton, Byrne, Campbell,. Carter, Chowning, Coffin. 
 Gumming s, Cypert, Deavenport, Dibbrell, Doherty, Dromgoole, 
 Fentress, Fielder, Fulkerson, Gardner, Garner, Gibbs, Heiskell, 
 Henderson, Hill of Warren, Hill of Gibson, House of Williamson, 
 House of Montgomery, etc., Ivie, Jones of Lincoln, Jones of Giles, 
 Kennedy, Kyle, Mabry, McDougal, McNabb, Martin, Morris, 
 Meeks, Netherland, Nicholson, Porter of Haywood, Porter of 
 Henry, Sample, Seay, Shepard, Shelton, Staley, Stephens, Taylor, 
 Thompson of Davidson, Thompson of Maury, Turner, Walters, 
 Warner, Williamson and Wright 60. 
 
 Those voting in the negative are : 
 
 Messrs. Baxter, Blackburn, Blizard, Branson, Britton, Finley, 
 Gibson, Gordon, Key, Kirkpatrick and Parker 11. 
 
 Mr. TAYLOR moved to amend his amendment by striking out 
 from the first line the words " have power," so that it will read : 
 
 " Provided, The Legislature shall establish such a system 
 /throughout the State, so as to prevent the instruction of white 
 ( children and negro children at the same institution or free school." 
 
 Mr. BAXTER demanded the yeas and nays upon the adoption of 
 the amendment, which were ordered, and the amendment adopted. 
 
 Yeas 7 2 
 
 Nays. 
 
 Those voting in the affirmative are : 
 
 Messrs. Allen, Arledge, Bate, Baxter, Blizard, Branson, Bran- 
 don Britton, Brooks, Brown of Davidson, Burkett, Burton, Byrne, 
 Campbell, Carter, Chowning, Coffin, Cummings, Cypert, Deaderick, 
 Deavenport, Dibbrell, Doherty, Dromgoole, Fentress, Fielder, Fin- 
 
309 
 
 ley, Fulkerson, Gardner, Garner, Guut, Gibbs, Gibson, Gordon, 
 Heiskell, Henderson, Hill of Warren, Hill of Gibson, House of 
 Williamson, House of Montgomery, etc., I vie, Jones of Giles, 
 Kennedy, Key, Kirkpatrick, Kyle, Mabry, McDougal, McNabb, 
 Martin, Morris, Meeks, Netherland, Nicholson, Parker, Porter of 
 Hay wood, Porter of Henry, Sample, Seay, Shepard, Shelton, Staley, 
 Taylor, Thompson of Davidson, Thompson of Maury, Turner, 
 Walters, Warner, Williamson, Wright and President Brown 72. 
 
 Voting in the negative : 
 
 Mr. Jones of Lincoln 1. 
 
 Mr. BAXTER demanded the yeas and nays upon the adoption of 
 Mr. HeiskelFs amendment, which were ordered, and the amend- 
 ment adopted. 
 
 Yeas 39 
 
 Nays 35 
 
 Those voting in the affirmative are : 
 
 Messrs. Allen, Arledge, Bate, Brooks, Coffin, Cummings, Dib- 
 brell, Doherty, Dromgoole, Fentress, Fielder, Fulkerson, Gardner, 
 Garner, Gaut, Gibbs, Heiskell, Hill of Warren, Hill of Gibson, 
 House of Williamson, House of Montgomery, etc., Jones of Lincoln, 
 Jones of Giles, Kennedy, Mabry, McDougal, Martin, Porter of 
 Hay wood, Porter of Henry, Seay, Shelton, Stephens, Taylor, Thomp- 
 son of Davidson, Turner, Warner, Williamson, Wright and Presi- 
 dent Brown 39. 
 
 Those voting in the negative are : 
 
 Messrs. Baxter, Blackburn, Blizard, Branson, Brandon, Britton, 
 Brown of Davidson, Burkett, Burton, Byrne, Campbell, Carter, 
 Chowning, Cypert, Deaderick, Deavenport, Finley, Gibson, Gor- 
 don, Henderson, Ivie, Key, Kirkpatrick, Kyle, McNabb, Morris, 
 Meeks, Netherland, Nicholson, Parker, Sample, Shelton, Staley, 
 Thompson of Maury and Walters 35. 
 
 Mr. TAYLOR moved to reconsider the vote adopting, the amend- 
 ment. 
 
 Mr. HEISKELL moved to lay the motion to reconsider on the 
 table. 
 
 The yeas and nays were ordered, and the motion to lay 011 the 
 table rejected. 
 
 Yeas 33 
 
 Nays '.. , ...40 
 
 Those voting in the affirmative are : 
 
 Messrs. Allen, Arledge, Bate, Brooks, Chowning, Coffin, Cum- 
 mings, Dibbrell, Doherty, Dromgoole, Fentress, Fielder, Gardner, 
 Garner, Gaut, Gibbs, Heiskell, Hill of Warren, Hill of ^ Gibson, 
 
310 
 
 House of Montgomery, etc., Jones of Lincoln, Jones of Giles, Ken- 
 nedy, Mabry, McDougal, Martin, Porter of Hay wood, Porter of 
 Henry, Shelton, Stephens, Turner, Warner and Williamson 33. 
 
 Those voting in the negative are : 
 
 Messrs. Baxter, Blackburn, Blizard, Brandon, Branson, Britton, 
 Brown of Davidson, Burkett, Byrne, Campbell, Carter, Cypert, 
 Deaderick, Deavenport, Finley, Fulkerson, Gibson, Gordon, Hen- 
 derson, House of Williamson, Ivie, Key, Kirkpatrick, Kyle, 
 McNabb, Morris, Meeks, Netherland, Nicholson, Parker, Sample, 
 Seay, Shepard, Staley, Taylor, Thompson of Davidson, Thompson 
 of Maury, Walters and Wright 40. 
 
 The further consideration of the motion to reconsider was post- 
 poned until to-morrow. 
 
 LEAVE OF ABSENCE. 
 
 On motion of Mr. BAXTER, leave of absence was granted Mr. 
 Fulkerson for the balance of the session of the Convention on ac- 
 count of sickness in his family. 
 
 On motion of Mr. POUTER, of Henry, the Convention adjourned 
 until to-morrow morning, at 9| o'clock. 
 
 TUESDAY MORNING, FEBRUARY 15, 1870. 
 
 . The Convention met pursuant to adjournment, Mr. President 
 BROWN in the Chair. 
 
 .Prayer by the Rev. Mr. SAMPLE, a member of the Convention. 
 The Journal of yesterday was read, and approved. 
 
 HOURS OF MEETING AND ADJOURNMENT. 
 
 Mr. GAUT submitted the following resolution : 
 
 Resolved, That hereafter the Convention meet at 9 o'clock A. M., 
 
311 
 
 take a recess at 1 o'clock p. M., meet at 2 o'clock i\ M., and adjourn 
 ut 7 o'clock P. M. 
 
 On motion of Mr. GAUT, the rules were susjpended, and the reso- 
 lution taken up. 
 
 Mr. PORTER, of Haywood, moved to amend the resolution by 
 striking out " seven " and inserting " six." 
 
 Mr. JONES, of Lincoln, moved to amend Mr. Gaut's resolution 
 by striking out, " and adjourn at 7 o'clock P. M.," which amend- 
 ment was adopted. 
 
 Mr. THOMPSON, of Maury, offered the following in lieu of Mr. 
 Gaut's amendment : 
 
 Resolved, That hereafter the Convention will meet at 9J o'clock 
 A. M., and adjourn to 3 o'clock P. M. 
 
 On motion of Mr. BAXTER, the resolution of Mr. GAUT, and the 
 resolution in lieu, were laid on the table. 
 
 FREEDOM OF THE HALL. 
 
 Mr. THOMPSON, of Davidson, submitted the following resolu- 
 tion : 
 
 Be it resolved, That the freedom of the hall, during the sitting of 
 the Convention, is tendered to the Hon. C. F. TRIGG, now holding 
 -an adjourned session of the United States District Court in Nash- 
 ville. 
 
 The rules were suspended, and the resolution adopted. 
 
 COMMON SCHOOLS FURTHER CONSIDERED. 
 
 The Convention proceeded to the consideration of the unfinished 
 business of yesterday, the pending question being Mr. TAYLOR'S 
 motion to reconsider the vote adopting Mr. Heiskell's amendment. 
 
 Mr. TAYLOR demanded the yeas and nays upon the adoption of 
 his motion, which were orderod, and the motion to reconsider 
 .adopted* 
 
 Yeas .*.. 37 
 
 Nays 34 
 
 Those voting in the affirmative are : 
 
 Messrs. Baxter, Blizard, Brandon, Branson, Britton, Brooks, Brown 
 of Davidson, Burkett, Burton, Byrne, Campbell, Carter, Chowning, 
 Cypert, Deaderick, Deavenport, Finley, Gibson, Gordon, Hender- 
 son, House of Williamson, Ivie, Key, Kirkpatrick, Kyle, Mabry, 
 
312 
 
 McNabb, Morris, Meeks, Netherland, Nicholson, Parker, 
 Shepard, Staley, Taylor and Walters 37. 
 
 Those voting in the negative are : 
 
 Messrs. Allen, Arledge, Bate, Coffin, Cummings, Dibbrell, Do- 
 herty, Dromgoole, Fentress, Fielder, Gardner, Garner, Gaut, Gibbs, 
 Heiskell, Hill of Warren, Hill of Gibson, House of Montgomery, 
 Jones of Lincoln, Jones of Giles, Kennedy, McDougal, Martin, 
 Porter of Haywood, Porter of Henry, Seay, Shelton, Stephens, 
 Thompson of Davidson, Thompson of Maury, Turner, Warner, 
 Williamson and Wright 34. 
 
 Mr. GARNER demanded the previous question. 
 
 The question recurring on Mr. HEISKELL'S amendment, Mr. 
 Jones, of Lincoln, demanded the yeas and nays on its adoption, 
 which were ordered, and the amendment rejected. 
 
 Yeas 30 
 
 Nays 40 
 
 Those voting in the affimative are : 
 
 Messrs. Allen, Arledge, Bate, Coffin, Cummings, Dibbrell, Do- 
 herty, Dromgoole, Fentress, Fielder, Gardner, Garner, Gaut, Gibbs, 
 Heiskell, Hill of Warren, Hill of Gibson, House of Montgomery, 
 etc., Jones of Lincoln, Jones of Giles, Kennedy, Porter of Hay- 
 wood. Porter of Henry, Seay, Shelton, Stephens, Turner, Warner,, 
 Williamson and Wright 30. 
 
 Those voting in the negative are : 
 
 Messrs. Baxter, Blizard, Brandon, Branson, Britton, Brooks, 
 Brown of Davidson, Burkett, Burton, Byrne, Campbell, Carter, 
 Ch owning, Cypert, Deaderick, Deavenport, Finley, Gibson, Gor- 
 don, Henderson, House of Williamson, Ivie, Key, Kirkpatrick, 
 Kyle, Mabry, McDougal, McNabb, Morris, Meeks, Netherlancl, 
 Nicholson, Parker, Sample, Shepard, Staley, Taylor, Thompson of 
 Davidson, Thompson of Maury and Walters 40. 
 
 The question recurring on Mr. FENTRESS' amendment, Mr. Bur- 
 ton asked for a division of the question. 
 
 The Chair decided the question divisible. 
 
 Mr. HEISKELL demanded the yeas arid nays on ijie adoption of 
 the first clause of the amendment, which were ordered, and it was 
 rejected. 
 
 Yeas 19 
 
 Nays 53 
 
 Those voting ifi the affirmative are : 
 
 Messrs. Arledge, Bate, Brooks, Fentress, Fielder, Gibbs, Heis- 
 
313 
 
 kell, Hill cf Warren, House of Montgomery, etc., Jones of Lincoln, 
 Jones of Giles, Kennedy, Porter of Hay wood, Porter of Henry, 
 Seuy, Shelton, Stephens, Taylor and Warner 19. 
 
 Those voting in the negative are : 
 
 Messrs. Allen, Baxter, Blizard, Brandon, Branson, Britton, Brown 
 of Davidson, Burkett,' Burton, Byrne, Campbell, Carter, Chowning, 
 Coffin, Cummings, Cypert, Deaderick, Deavenport, Dibbrell, Do- 
 herty, Dromgoole, Finley, Gardner, Garner, Gaut, Gibson, Gor- 
 don, Hill of Gibson, House of Williamson, Ivie, Key, Kirkpatrick, 
 Kyle, Mabry, McDougal, McNabb, Martin, Morris, Meeks, Nether- 
 land, Nicholson, Parker, Sample, Shepard, Staley, Thompson of 
 Davidson, Thompson of Matiry, Turner, Walters, Williamson, 
 Wright and President Brown 53. 
 
 The remainder of the amendment of Mr. FENTKESS was ruled 
 out of order by the Chair, it having been acted on by the Conven- 
 tion on yesterday. 
 
 The question recurring on Mr. Campbell's amendment, Mr. 
 GAILNER demanded the yeas and nays on its adoption, which were 
 ordered, and the amendment adopted. 
 
 Yeas 52 
 
 Nays ' 17 
 
 Those voting in the affirmative are : 
 
 Messrs. Allen, Baxter, Blizard, Branson, Brandon, Britton, 
 Brooks, Brown of Davidson, Burkett, Burton, Byrne, Campbell, 
 Carter, Chowning, Coffin, Cummings, Cypert, Deaderick, Deaven- 
 port, Doherty, Finley, Gardner, Gaut, Gibson, Gordon, Henderson, 
 House of Williamson, Ivie, Key, Kirkpatrick, Kyle, Mabry, Mc- 
 Dougal, McNabb, Morris, Meeks, Netherland, Nicholson, Parker, 
 Porter of Henry, Sample, Seay, Shepard, Staley, Taylor, Thompson 
 of Davidson, Thompson of Maury, Walters, Warner, Williamson, 
 Wright and President .Browu 52. 
 
 Those voting in the negative are : 
 
 Messrs. Arledge, Bate, Dibbrell, Dromgoole, Fentress, Garner,, 
 Gibbs, Heiskell, Hill of Warren, Hill of Gibson, House of Mont- 
 gomery, etc., Jones of Lincoln, Jones of Giles, Porter of Hay wood, 
 Shelton, Stephens and Turner 17. 
 
 Mr. JONES, of Lincoln, offered the following amendment : 
 Add to the Section the following : 
 
 " The whole amount of tax collected under this Section shall be 
 paid over immediately by the Tax Collector to the. County Trustee 
 to be appropriated to, and expended in the counties from which the 
 same shall be collected respectively." 
 
314 
 
 Mr. THOMPSON, of Davidson, offered the following in lieu of Mr, 
 Jones' amendment : 
 
 Be it resolved, That all State taxes on polls shall be paid over to 
 the County Trustee by the Tax Collector, to be applied under the 
 instructions of the County Courts for the purpose of Common 
 Schools in which persons between the ages of six and eighteen may 
 be taught to read and write without charge." 
 
 Mr. JONES, of Lincoln, subsequently withdrew his amendment 
 and offered the following : 
 
 Add to the end of the Section : 
 
 The whole amount of taxes collected for Common Schools, under 
 this Section, shall be paid over directly to the proper fiscal officer of 
 the several counties of the State, in which the same may be collected 
 and under the direction of the County Court, shall be expended for 
 the support of Common Schools in the respective counties. The 
 taxes appropriated under this Section shall be raised from poll taxes 
 alone. 
 
 Mr. THOMPSON, of Davidson, withdrew his amendment in lien. 
 
 Mr. KIRKPATKICK called for the previous question, which was 
 sustained. 
 
 , Mr. BAXTER demanded the yeas and nays on the adoption of 
 Mr. Jones' amendment, which were ordered, and the amendment re- 
 jected. 
 
 Yeas 33 
 
 Nays 38 
 
 Those voting in the affirmative are : 
 
 Messrs. Arledge, Bate, Brooks, Cummings, Doherty, Dromgoole, 
 Fentress, Fielder, Gardner, Garner, Gibbs, Heiskell, Hill of War- 
 ren, Hill of Gibson, House of Williamson, House of Davidson, etc., 
 Ivie, Jones of Lincoln, Jones of Giles, Kennedy, Netherland, Por- 
 ter of Hay wood, Porter of Henry, Seay, Shepard, Shelton, Stephens, 
 Taylor, Thompson of Davidson, Turner, Warner, Williamson and 
 Wright 33. 
 
 Those voting in the negative are : 
 
 Messrs. Allen, Baxter, Blackburn, Blizard, Branson, Brandon, 
 Britton, Brown of Davidson, Burkett, Byrne, Campbell, Carter, 
 Chowning, Coffin, Cummings, Cypert, Deaderick, Deavenport, Dib- 
 brell, Finley, Gaut, Gibson, Henderson, Key, Kirkpatrick, Kyle, 
 Mabry, McDougal, McNabb, Martin, Morris, Meets, Nicholson, 
 Parker, Sample, Staley, Thompson of Maury and Walters 38. 
 
 Mr. HEISKELL offered the following amendment : 
 
 " But the Legislature shall not be required to levy a tax for the 
 
315 
 
 next ten years, of more than one million, five hundred thousand 
 dollars, per annum, for school purposes." 
 
 Pending which the Convention took a recess. 
 
 AFTERNOON SESSION. 
 
 LEAVES OF ABSENCE. 
 
 On motion of Mr. WRTGHT leave of absence was granted Mr. 
 Porter of Henry, for to-day and to-morrow on account of family 
 affliction. 
 
 On motion of Mr. STEPHENS leave of absence was granted Mr. 
 Dromgoole for the remainder of the day. 
 
 COMMON SCHOOLS FURTHER CONSIDERED. 
 
 Mr. CAMPBELL offered the following in lieu of Mr. Heiskell's 
 amendment : 
 
 Add to the end of the Section the following : 
 
 " The whole amount of taxes collected for Common School pur- 
 poses under this Section shall be paid over directly to the proper 
 fiscal officer of the several counties of the State in which the same 
 may be collected and under the direction of the County Court, shall 
 be expended for the support of Common Schools in the respective 
 counties; Provided, nothing herein shall be construed to prevent 
 the several counties in this State from levying a tax for Common 
 School purposes. 
 
 * Mr. HEISKELL withdrew his amendment. 
 
 Mr. CAMPBELL then offered his amendment as an independent 
 Section. 
 
 Mr. PORTER called for the previous question, which was sus- 
 tained. 
 
 Mr. BROWN, of Davidson, moved that the amendment be laid on 
 
316 
 
 the table for the present, and that the House proceed to the consi- 
 deration of the special oidcr of the day, which was rejected. 
 
 Mr. JONES, of Lincoln, demanded the yeas and nays on the adop- 
 tion of Mr Campbell's amendment, which were ordered, and the 
 amendment adopted. 
 
 Yeas 41 
 
 Nays 31 
 
 Those voting in the affirmative are : 
 
 Messrs. Allen, Arledge, Bate, Brandon, Brooks, Brown of Henry P 
 etc., Burton, Campbell, Cummings, Cypert, Doherty, Dromgoole, 
 Fentress, Fielder, Gardner, Garner, Gibbs, Gordon, Heiskell, Hill of 
 Warren, Hill of Gibson, House of Williamson, House of Mont- 
 gomery, etc., "Jones of Lincoln, Jones of Giles, Kennedy, Mabry, 
 Porter of Haywood, Seay, Shepard, Shelton, Stephens, Taylor, 
 Thompson of Davidson, Thompson of Maury, Turner, Warner, 
 Williamson, Wright and President Brown 41. 
 
 Those voting in the negative are : 
 
 Messrs. Baxter, Blackburn, Blizard, Branson, Britton, Brown of 
 Davidson, Burkett, Byrne, Carter, Chowning, Coffin, Deaderick, 
 Deavenport, Dibbrell, Finley, Gibson, Henderson, Key, Kirkpat- 
 rick, Kyle, McDougal, McNabb, Martin, Morris, Meeks, Nether land, 
 Nicholson, Parker, Sample, Staley, and Walters 31. 
 
 Mr. BAXTER moved that the Convention, adjourn until to-mor- 
 row morning, and demanded the yeas and nays, which were ordered 
 and the motion to adjourn rejected : 
 
 Yeas 14 
 
 Nays ; 56 
 
 Those voting in the affirmative are : 
 
 Messrs. Allen, Baxter, Blackburn, Blizzard, Branson, Britton, 
 Deaderick, Doherty, Finley, Henderson, Kirkpatrick, Martin, 
 Porter of Haywood and Staley 14. 
 
 Those voting in the negative are : 
 
 Messrs. Arledge, Bate, Brandon, Brooks, Brown of Davidson, 
 Brown of Henry, etc., Burkett, Burton, Byrne, Campbell, Carter, 
 Chowning, Coffin, Cummings, Cypert, Deavenport, Dibbrell, Fent- 
 tress, Fielder, Gardner, Garner, Gibbs, Gibson, Gordon, Hei.skell, 
 Hill of Warren, Hill of Gibson, House of Williamson, House of 
 Montgomery, etc., Jones of Lincoln, Jones of Giles, Kennedy, Key, 
 Kyle, Mabry, McDougal, McNabb, Morrisj Meeks, Netherland, 
 Nicholson, Parker, Sample, Seay, Shepard, Shelton, Stephens, Tay- 
 Thompson of Davidson, Thompson of Maury, Turner, Walters, 
 Warner, Williamson, Wright and President Brown 56. 
 
317 
 
 Mr. MEEKS moved to reconsider the vote adopting Mr. Campbell's 
 amendment adopted in lieu of the report of the committee. 
 
 Mr. BAXTER demanded the yeas and nays, which were ordere d 
 and the motion to reconsider rejected : 
 
 Yeas... 33 
 
 Nays 36 
 
 Those voting in the affirmative are : * 
 
 Messrs. Arledge, Bate, Blizard, Brooks, Burkett, Byrne, Cum- 
 mings, Dibbrell, Doherty, Fentress, Fielder, Garner, Gibbs, Heis- 
 kell, Hill of Warren, Hill of Gibson, House of Montgomery, etc., 
 Jones of Lincoln, Jones of Giles, Kennedy, Mabry, McDougal, Meeks, 
 Nicholson, Porter of Haywood, Shelton, Stephens, Taylor, Thomp- 
 son of Maury, Turner, Warner, Williamson and Wright 33. 
 
 Those voting in the negative are : 
 
 Messrs. Allen, Baxter, Blackburn, Branson, Brandon, Britton, 
 Brown of Davidson, Brown of Henry, etc., Burton, Campbell, Car- 
 ter, Ch owning, Coffin, Cypert, Deaderick, Deavenport, Finley Gard- 
 ner, Gibson, Gordon, Henderson, House of Williamson, Key, 
 Kirkpatrick, Kyle, McNabb, Martin, Morris, Netherland, Parker, 
 Sample, Seay, Shepard, Staley, Thompson of Davidson and Walters 
 36. 
 
 On motion of Mr. HOUSE, of Montgomery, etc., the rules were 
 suspended to allow another vote upon the proposition to reconsider 
 the vote adopting Mr. Campbell's amendment. 
 
 Mr. WILLIAMSON demanded the yeas and nays, which were or- 
 dered, and the vote reconsidered : 
 
 Yeas 42 
 
 Nays 28 
 
 Those voting in the affirmative are : 
 
 Messrs. Allen, Arledge, Blizard, Brandon, Brooks, Burkett, Byrne, 
 Carter, Chowning, Coffin, Cummings, Cypert, Deavenport, Dibbrell, 
 Fielder, Garner, Gaut, Gibbs, Heiskell, Hill of Warren, Hill of 
 Gibson, House of Williamson, House of Montgomery, etc., Jones of 
 Lincoln, Jones of Giles, Kennedy, Key, Mabry, McDougal, Meeks, 
 Netherland, Nicholson, Shepard, Stephens, Taylor, Thompson of 
 Davidson, Turner, Walters, Warner and Wright 42. 
 
 Those voting in the negative are : 
 
 Messrs. Bate, Baxter, Blackburn, Branson, Britton, Brown of 
 Davidson, Brown of Henry, etc., Burton, Campbell, Deaderick, 
 Doherty, Fentress, Finley, Gardner, Gibson, Gordon, Henderson, 
 
318 
 
 I vie, Kirkpatrick, Kyle, McXabb, Martin, Parker, Porter of Hay- 
 wood, Sample, Seay, Staley and Williamson 28. 
 
 Mr. House, of Mongomery, etc., ,rnoved to reconsider the vote by 
 which the second amendment of Mr. Campbell was adopted. 
 
 Mr. FENTRESS demanded the yeas and nays which were ordered, 
 and the motion to reconsider adopted : 
 
 Yeas 53 
 
 Nays 18 
 
 Those voting in the affirmative are : 
 
 Messrs. Allen, Arledge, Bate, Baxter, Blizard, Brandon, Britton, 
 Brooks, Burkett, Burton, Byrne, Carter, Chowning, Coffin, Cum- 
 in ings, Cypert, Deaderick, Deavenport, Dibbrell, Fielder, Finley, 
 Garner, Gaut, Gibbs, Heiskell, Henderson, Hill of Warren, Hill 
 of Gibson, House of Williamson, House of Montgomery, etc., Ivie, 
 Jones of Giles, Kennedy, Key, Kirkpatriek, Kyle, Mabry, 
 McDougal, McNabb, Martin, Morris, Meeks, Netherland, Nichol- 
 son, Sample, Shepard, Shelton, Stephens, Taylor, Thompson of Da- 
 vidson, Walters and Wright 53. 
 
 Those voting in the negative are : 
 
 Messrs. Blackburn, Branson, Brown of Davidson, Brown of 
 Henry, etc., Campbell, Doherty, Fentress, Gardner, Gibson, Gor- 
 don, Jones of Lincoln, Parker, Porter of Haywood, Seay, Staley, 
 Thompson of Maury, Turner and Williamson 18. 
 
 Mr. JONES, of Giles, offered Section 10, of Article XI, of the 
 the Constitution of 1834, in lieu of the report of the Committee 
 and all pending amendments, aijd demanded tire previous question, 
 which was sustained. 
 
 Mr. GIBSON demanded the yeas and nays upon the adoption of 
 the amendment, which were ordered, and the amendment adopted. 
 
 Yeas. 49 
 
 Nays 22 
 
 Those voting in the affirmative are : 
 
 Messrs. Allen, Arledge, Bate, Blizard, Brandon, Brooks, Burkett, 
 Byrne, Carter, Chowning, Coffin, Cummings, Cypert, Deaderick, 
 Deavenport, Dibbrell, Doherty, Dromgoole, Fielder, Garner, Gaut, 
 Gibbs, Heiskell, Hill of Warren, Hill of Gibson, House of Wil- 
 liamson, House of Montgomery etc., Jones of Lincoln, Jones of Giles, 
 Kennedy, Mabry, McDougal, Martin, McNabb, Meeks, Netherland, 
 Nicholson, Porter of Haywood, Sample, Shepard, Shelton, Stephens, 
 
319 
 
 Taylor,- Thompson of Davidson, Thompson of Msmry, Turner, 
 Walters, Warner and Wright 49. 
 
 Those voting in the negative are : 
 
 Messrs. Baxter, Blackburn, Branson r Britton, Brown of David- 
 son, Brown of Henry, etc., Burton, Campbell, Fentress, Finloy, 
 ( Gardner, Gibson, Gordon, Henderson, Ivie, Key, Kirkpatrick, Kyle, 
 Parker, Seay, Staley and Williamson 22. 
 
 Mr. KIRKPATRICK entered a motion to take from the table the 
 motion to reconsider the vote adopting Section 1, Article IV. 
 
 CORPORATIONS FURTHER CONSIDERED, 
 
 The Convention proceeded to the consideration of the special 
 order of the day, the report of the Committee on Finance, Inter- 
 nal Improvements and Corporations. 
 
 Mr. HOUSE, of Williamson, moved to lay the amendment of Mr. 
 Jones, of Lincoln, heretofore offered, on the table. 
 
 Mr. JONES demanded the yeas and nays, which were ordered, and 
 the motion to lay on the table sustained. 
 
 Yeas 53 
 
 Nays 13 
 
 Those voting in the affirmative are : 
 
 Messrs. Allen, Baxter, Blizard, Branson, Brandon, Britton, 
 Brooks, Brown of Davidson, Brown of Henry, etc., Burton, Byrne, 
 Campbell, Carter, Chowning, Coffin, Cypert, Deaderick, Dibbrell, 
 Doherty, Finley, Gardner, Garner, Gaut, Gibbs, Gibson, Gordon, 
 Heiskell, Henderson, Hill of Gibson, House of Williamson, House 
 of Montgomery, etc., Jones of Giles, Kennedy, Key, Kirkpatrick, 
 Mabry> McDougal, McNabb, Meeks, Netherland, Nicholson, Par- 
 ker, Porter of Haywood, Sample, Seay, Shepard, Shelton, Staley, 
 Stephens, Thompson of Davidson, Walters and Wright 53. 
 
 Those voting in the negative are : 
 
 Messrs. Bate, Cummings, Deavenport y Fentress, Fielder, Hill of 
 Warren, Ivie, Jones of Lincoln, Morris, Thompson of Maury, Tur- 
 ner, Warner and Williamson 13 
 
 Mr. GIBSON offered the following amendment i 
 
 " Insert the words " or its powers increased or diminished " be- 
 tween the words " created " and " by," in the first line, so that 
 the first clause will read " no corporation shall be created, or its 
 powers increased or diminished. by. special laws." 
 
320 
 
 .Mr. NICHOLSON'S amendment, heretofore offered, to- wit: "But 
 no such alteration or repeal shall interfere with or divest right,* 
 which have become vested " was adopted by the Convention. 
 
 Mr. GIBSON'S amendment was then adopted. 
 
 Mr. THOMPSON, of Maury, offered the following amendment : 
 
 In 1st line, between the word " corporation " and " shall " in- 
 sert the words " except Banking Companies, Railroad Companies, 
 Navigation Com panics and Insurance Companies;" add to said sec- 
 tion the words, " and all companies incorporated by the General 
 Assembly shall each pay into the Treasury of tbe State one hun- 
 dred dollars before the Act of Incorporation shall take effect or be in 
 force." 
 
 Mr. BURTON demanded a division of the question, which was- 
 ordered, and the first clause of the amendment was rejected. 
 
 Mr. THOMPSON demanded the yeas and nays upon the adoption 
 of the second clause of his amendment. 
 
 The Chair declared the rejection of the first clause disposed of 
 the amendment. 
 
 Mr. JONES, of Giles, offered the following amendment : 
 
 Provided, That no charter incorporating a railroad, a bank, or 
 town or city, where the number of inhabitants shall exceed two 
 hundred and fifty, shall go into operation until the same shall be 
 approved by a vote of the majority of each House of the Legis- 
 lature. 
 
 Mr. TURNER demanded the previous question, which was sus- 
 tained, and Mr. Jones', of Giles, amendment rejected, and Section 
 7, Article XI, as amended was adopted. 
 
 Mr. TURNER moved to reconsider the vote adopting the Section, 
 and further moved to lay the motion to reconsider on the table. 
 
 Mr. BAXTER demanded the yeas and nays on the the motion to 
 lay the motion to reconsider on the table, which were ordered, and 
 the motion to lay on the table sustained. 
 
 Yeas 49 
 
 Nays 15 
 
 Those voting in the affirmative are : 
 
 Messrs. Brandon, Branson, Britton, Brown of Henry, etc., Bur- 
 ton, Byrne, Coffin, Cummings, Cypert, Deaderick, Deavenport, 
 Dibbrell, Doherty, Fielder, Gardner, Garner, Gaut, Gibson, Heis- 
 kell, Henderson, Hill of Waren, Hill of Gibson, House of Wil- 
 
321 
 
 liamson, I vie, Jones of Lincoln, Kennedy, Key, Kirkpatrick, Ma- 
 bry, McDougal, McNabb, Morris, Meeks, Netherland, Nicholson, 
 Parker, Porter of Hay wood, Sample, Seay, Shepard, Shelton, Sta- 
 ley, Stephens, Thompson of Davidson, Turner, Walters, Warner, 
 Williamson and Wright 49. 
 
 Those voting in the negative are: 
 
 Messrs. Allen, Bate, Baxter, Blizard, Brooks, Brown of David- 
 son, Campbell, Carter, Chowning, Fentress, Finley, Gibbs, Gordon, 
 Jones of Giles and Thompson of Maury 15. 
 
 On motion, the Convention adjourned until to-morrow morn- 
 ing at 9J o'clock. 
 
 WEDNESDAY MORNING, FEBRUARY 16, 1870. 
 
 The Convention met pursuant to adjournment, Mr. President 
 ,L>ROWN in the Chair. 
 
 The Journal of yesterday was read and approved. 
 
 AMENDMENTS PROPOSED. 
 
 Mr. JONES, of Lincoln, offered the following resolution : 
 Resolved, That the Committee on the Judiciary Department be 
 and are hereby instructed to report a provision to be inserted in 
 Section 13, Article 6, providing that Clerks of the Chancery Courts 
 shall be elected for the term of four years by the qualified voters of 
 the counties, or districts, for which the several courts may be held 
 and also providing that Clerks of the Circuit Courts shall be elect- 
 ed by the qualified voters of the several counties for the term of 
 four years. 
 
 Which lies over under the rules. 
 
 FRAUDULENT BONDS. 
 
 Mr. CAMPBELL submitted the following preamble *nd resolution : 
 21 
 
322 
 
 WHEREAS, It having been stated upon the floor of this Conven- 
 tion, that extensive frauds and irregularities have been committed 
 in obtaining the bonds of the State, for internal improvements and 
 other purposes ; that a large number of the bonds of the State have 
 been illegally issued and appropriated ; that other securities Jof the 
 State are now in circulation without legal authority ; and that ir- 
 regularities have been committed in disposing of the Agricultu- 
 ral School Scrip. It is therefore, 
 
 Resolved, That the Legislature, now in session, be requested to 
 pass a law creating a commission of three discreet citizens of the 
 State, to be called " The Board of Commissioners on Bond and 
 Public Securities/ 7 whose duty it shall be to examine into and ad- 
 judicate upon the validity of all bonds, and other securities issued 
 by, and now outstanding against the State, and to report upon any 
 irregularities that may have been committed in the disposition of 
 the Agricultural School Scrip. That said Board of Commissioners 
 have conferred upon them all the power, authority and machinery 
 necessary to carry out the object and purposes of this resolution. 
 
 Which lies over under the rule. 
 
 PRINTING THE NEW CONSTITUTION. 
 
 Mr. TURNER offered the following resolution : 
 
 Resolved, That the Committee on Revision and Enrollment be in- 
 structed to have printed ten thousand copies of the amended Con- 
 stitution, at as an early day as practicable. The same to be so 
 printed as to show the additions and amendments to the present 
 Constitution. 
 
 Which lies over under the rule. 
 Mr. GIBSON presented the following 
 
 PROTEST : 
 
 The undersigned having voted against all the propositions that 
 tended to deprive the children of Tennessee of the benefits of fre 
 schools, and having especially voted against the 10th Section, o. 
 Article XI of the Constitution, desire to present, by waj of prote,". 
 the reasons for their vote : 
 
 1. Said Section while declaring that "knowledge, learning and 
 virtue are essential to the preservation of Republican institutions," 
 at the same time provides no means to make operative that great 
 truth, and is therefore an acknowledgment that the Convention is 
 either unable or unwilling to devise a method of general public in- 
 struction. 
 
 2. The consecration of the "Common School Fund" to the "sup- 
 port and encouragement of Common Schools " is a horrid 'mockery 
 
323 
 
 inasmuch as there is not one cent of said "fund" in existence; and 
 the. very language sounds like Scripture in the mouth of an infidel. 
 
 2. Said section, though one of the longest in the Constitution, has 
 the leant in it. It literally means nothing. It is a monstrous con- 
 glomeration of uncommonly long sentences, and sounds like an 
 antique epitaph upon Plato's Academy. Its true signification is 
 "hie jacet." 
 
 4. Said section says in substance that the children of Tennessee 
 are entitled to common schools, and yet practically denies them 
 schools. And this said section is an inimitable illustration of " how 
 not to do it." 
 
 The undersigned believe that the education of her children is the 
 highest duty of the State a duty not to be postponed in qrder to 
 pay debts of doubtful obligation, but a duty to be preferred to all 
 others. Free schools and free States are inseparable, for education 
 is the foundation of freedom. 
 
 The section, as adopted, is but the dead corpse of the section in 
 the old Constitution. The same body is there, but the life, the 
 money is gone gone past resurrection, and all that remains is to 
 bury the ghastly carcass of what was once a glory and a blessing 
 to Tennessee, forever out of sight. Why keep the section like an 
 Egyptian mummy, preserved for exhibition in the Constitution, a 
 perpetual offence to the sight, an unpleasant reminder of past good, 
 now vanished forever. 
 
 The undersigned, therefore, protest against the adoption of said 
 section as a promise without a fulfillment, a right without enjoy- 
 ment, a preamble without a resolution, a " glittering generality," a 
 repudiation of a great moral duty, and a deadly blow at education 
 given in the name of friendship, and asked to have this their pro- 
 test entered on the Journal. 
 
 HENRY E. GIBSON, 
 JAMES C. PARKER, 
 J. W. BRANSON. 
 
 REPORT ON THE JUDICIARY. 
 
 Mr. HEISKELL, from the Committee on the Judiciary, made the 
 following report : 
 
 The Committee on the Judicial Department have directed me to 
 report : That they have considered the matter of tjie memorial of 
 Robert H. Jameison, and that they recommend the adoption of the 
 following clauses to be incorporated in the Constitution. 
 
 HEISKELL, Chairman. ' 
 
 ARTICLE XI. 
 
 Section 1, as heretofore. Add to it the following : 
 But ordinances contained in any former Constitution or Schedule 
 thereto are hereby abrogated. 
 
324 
 
 The time which lias elapsed from the 6th day of May, 1861, un- 
 til the 1st day of January, 1867-^ shall not be computed, in any case 
 affected by the statutes of limitation, nor shall any writ of error be 
 affected by such lapse of time. 
 
 On motion of Mr. HEISKELL, it was ordered that the report be 
 laid on the table, and 100 copies be printed for the use of the Con- 
 vention. 
 
 RATE OF INTEREST. 
 
 The Convention proceeded to the consideration of the Eeport of 
 the Committee on Finance, Internal Improvements and Corpora- 
 tions the question immediately pending being that of interest. 
 
 Mr. JONES, of Lincoln, offered the following as an amendment 
 to the amendment of Mr. Baxter : 
 
 Add, "for loaned money not exceeding ten per centum per an- 
 num." 
 
 Mr. PORTER, of Haywood, offered the following in lieu of Mr. 
 Baxter's and the Report of the Committee : 
 
 Strike out Article XI, Section 6, and insert the following : 
 
 " The legal rate of interest in this State shall be six per centum 
 
 per annum, but the Legislature shall have power to provide by law 
 
 for a conventional rate of interest." 
 
 Mr. HILL, of Gibson, demanded the previous question, which 
 was sustained. 
 
 Mr. JONES, of Lincoln, demanded the yeas and nays upon the 
 adoption of his amendment, which were ordered and the amend- 
 ment rejected. 
 
 Yeas 29 
 
 Nays 40 
 
 Those voting in the affirmative are : 
 
 Messrs. Arledge, Branson, Britton, Brooks, Brown of Davidson, 
 Deavenport, Dromgoole, Fielder, Garner, Gaut, Gibson, Hill of 
 Warren, House of Montgomery, etc., Ivie, Jones of Lincoln, Jones 
 of Giles, Key, McDougal, McNabb, Martin, Meeks, Netherland, 
 Nicholson, Parker, Seay, Shepard, Thompson of Maury, Turner 
 and Warner 29. 
 
 Those voting in the negative are : 
 
 Messrs. Allen, Baxter, Blackburn, Blizard, Brandon, Brown of 
 Henry, etc., Burkett, Burton, Byrne, Campbell, Carter, Chowning, 
 Coffin, Cummings, Cypert, Deaderick, Dibbrell, Fentress, Finley, 
 
325 
 
 Gardner, Gibbs, Gordon, Heiskell, Henderson, Hill of Gibson, 
 House of Williamson, Kennedy, Kyle, Mabry, Morris, Porter of 
 Haywood, Sample, Staley, Stephens, Taylor, Thompson of David- 
 son, Walters, Williamson and Wright 40. 
 
 Mr. PORTER, of Haywood, demanded the yeas and nays on the 
 adoption of his amendment in lieu, which were ordered and the 
 amendment rejected. 
 
 Yeas 23 
 
 Nays 46 
 
 Those voting in the affirmative are : 
 
 Messrs. Branson, Britton, Brooks, Brown of Davidson, Carter, 
 Chowniug, Coffin; Cypert, Deavenport, Fielder, Gaut, Gibson, 
 Henderson, House of Montgomery, etc., Ivie, McDougal, McNabb, 
 Meeks, Parker, Porter of Haywood, Seay, Staley and Turner 23. 
 
 Those voting in the negative are : 
 
 Messrs. Allen, Arledge, Baxter, Blackburn, Blizard, Brandon, 
 Brown of Henry, etc., Burkett, Burton, Byrne, Campbell, Cum- 
 in ings, Deaderick, Dibbrell, Doherty, Dromgoole, Fentress, Fin- 
 ley, Gardner, Garner, Gibbs, Gordon, Heiskell, Hill of Warren, 
 Hill of Gibson, House of Williamson, Jones of Lincoln, Jones of 
 Giles, Kennedy, Key, Kyle, Mabry, Martin, Morris, Netherland, 
 Nicholson, Sample, Shepard, Stephens, Taylor, Thompson of Da- 
 vidson, Thompson of Maury, Walters, Warner, Williamson and 
 Wright 46. 
 
 Mr. JONES, of Lincoln, demanded the yeas and nays on the adop- 
 tion of Mr. Baxter's amendment, which were ordered and the 
 amendment rejected. 
 
 Yeas 34 
 
 Nays 38 
 
 Those voting in the affirmative are : 
 
 Messrs. Baxter, Blackburn, Blizard. Brandon, Branson, Brown of 
 Davidson, Brown of Henry, etc., Burkett, Burton, Byrne, Carter, 
 Chowning, Coffin, Dromgoole, Fentress, Finley, Gibbs, Gibson, 
 Hill of Gibson, House of Williamson, House of Montgomery, etc., 
 Ivie, Kennedy, Key, McNabb, Netherland, Nicholson, Parker, 
 Sample, Seay, Shepard, Turner and Williamson 34. 
 
 Those voting in the negative are : 
 
 Messrs. Allen, Arledge, Bate, Britton, Brooks, Campbell, Cum- 
 mings, Cypert, Deaderick, Deavenport, Dibbrell, Doherty, Fielder, 
 Gardner, Garner, Gaut, Gordon, Heiskell, Henderson, Hill of War- 
 ren, Jones of Lincoln, Jones of Giles, Kyle, Mabry, McDougal, 
 Martin, Morris, Meeks, Porter of Haywood, Staley, Stephens, Tay- 
 
326 
 
 lor, Thompson of Davidson, Thompson of Maury, Walters, War- 
 ner, Wright and President Brown 38. 
 
 Mr. BAXTER demanded the yeas and nays on the adoption of the 
 Report of the Committee, which were ordered and the report re- 
 jected. 
 
 Yeas 27 
 
 Nays 44 
 
 Those voting in the affirmative are : 
 
 Messrs. Allen, Blackburn, Blizard, Brown of Davidson, Brown of 
 Henry, etc., Byrne, Campbell, Cypert, Deavenport, Dibbrell, Do- 
 herty, Dromgoole, Fentress, Finley, Gardner, Gaut, Heiskell, House 
 of .Williamson, Mabry, Porter of Haywood, Stephens, Taylor, 
 Thompson of Davidson, Thompson of Maury, Turner, Wright and 
 President Brown 27. 
 
 Those voting in the negative are : 
 
 Messrs. Arledge, Bate, Baxter, Branson, Brandon, Britton, 
 Brooks, Burkett, Burton, Carter, Chowning, Coffin, Cummings, 
 Deaderick, Fielder, Garner, Gibbs, Gibson, Gordon, Henderson, 
 Hill of Warren, Hill of Gibson, House of Montgomery, etc., Ivie ? 
 Jones of Lincoln, Jones of Giles, Kennedy, Key, Kyle, Mc- 
 Dougal, McNabb, Martin, Morris, Meeks, Netherland, Nicholson^ 
 Parker, Sample, Seay, Shepard, Staley, Walters, Warner and Wil- 
 liamson 44. 
 
 Mr. JONES, of Giles, offered the 6th Section of Article II of the 
 Constitution of 1834, in lieu of all pending propositions, and de- 
 manded the previous question, which was sustained. 
 
 Mr. JONES, of Giles, demanded the yeas and nays on his amend- 
 ment, which were ordered and the amendment adopted. 
 
 Yeas .....52 
 
 Nays.. 19 
 
 Those voting in the affirmative are : 
 
 , Messrs. Allen, Arledge, Bate, Baxter, Blackburn, Branson, Bran- 
 don, Britton, Brooks, Burkett, Burton, Carter, Chowning, Coffin, 
 Cummings, Cypert, Deaderick, Doherty, Dromgoole, Fielder, Fin- 
 ley, Garner, Gaut, Gibson, Gordon, Henderson, Hill of Warren, 
 Hill of Gibson, House of Williamson, House of Montgomery, etc., 
 slvie, Jones of Lincoln, Jones of Giles, Kennedy, Key, Kyle, Mc- 
 Dougal, McNabb, Martin, "Morris, Meeks, Netherland, Nicholson, 
 Parker, Sample, Seay, Staley, Taylor, Thompson of Maury, Walt- 
 ers,, Warner and Williamson 52. 
 
 Those voting in the negative are : 
 
 Messrs. Blizard, Brown of Davidson, Brown of Henry, etc., 
 
327 
 
 Byrne, Campbell, Deavenport, Dibbrell, Fentress, Gardner, Gibbs, 
 Heiskell, Mabry, Porter of Haywood, Shepard, Stephens, Thomp- 
 son of Davidson, Turner, Wright and President Brown 19. 
 
 Mr. BATE moved to reconsider the vote adopting the 6th Section 
 of Article XI, and further moved to lay the motion to reconsider 
 on the table, and demanded the yeas and nays on the latter motion/ 
 which were ordered, and the motion to lay on the table adopted. 
 
 Yeas 38 
 
 Nays 31 
 
 Those voting in the affirmative are : 
 
 Messrs. Bate, Branson, Brandon, Britton, Brooks, Burton, Carter, 
 Chowning, Coffin, Cypert, Deaderick, Doherty, Dromgoole, Fielder, 
 Garner, Gaut, Gibson, Gordon, Henderson, Hill of Warren, Hill of 
 Gibson, House of Montgomery, etc., Ivie, Jones of Lincoln, Jones 
 of Giles, Kyle, McDougal, McNabb, Martin, Morris, Meeks, Nether- 
 land, Nicholson, Parker, Sample, Staley, Walters and Warner 38. 
 
 Those voting in the negative are : 
 
 Messrs. Arledge, Baxter, Blizard, Brown of Davidson, Brown of 
 Henry, etc., Burkett, Byrne, Campbell, Cummings, Deavenport, 
 Dibbrell, Fentress, Gardner, Gibbs, Heiskell, House of Williamson, 
 Kennedy, Key, Mabry, Porter of Haywood, Seay, Shepard, 
 Stephens, Taylor, Thompson of Davidson, Thompson of Maury, 
 Turner, Williamson, Wright and President Brown 31. 
 
 Mr. GIBBS offered the following amendment to 6th Section, Ar- 
 ticle XI : 
 
 But the Legislature may provide for a conventional rate of in- 
 terest. 
 
 Mr. BATE demanded the yeas and nays on the adoption of the 
 amendment, which were ordered, and the amendment adopted. 
 
 Yeas 40 
 
 Nays 24 
 
 Those voting in the affirmative are : 
 
 Messrs. Allen, Baxter, Brown of Davidson, Brown of Henry, 
 etc., Burkett, Burton, Byrne, Campbell, Coffin, Cummings, Cypert, 
 Dibbrell, Doherty, Fentress, Fielder, Gardner, Gaut, Gibbs, Gibson, 
 Gordon, Heiskell, Hill of Gibson, House of Williamson, House of 
 Montgomery, etc., Kennedy, Key, Mabry, Nicholson, Parker, Porter 
 of Haywood, Seay, Shepard, Stephens, Taylor, Thompson of David- 
 son, Thompson of Maury, Turner, Walters, Williamson, Wright 
 and President Brown 40. 
 
 Those voting in the negative are : 
 
 Messrs. Arledge, Bate, Blizard, Brandon, Britton, Brooks, Carter, 
 
328 
 
 C.iowning, Deaderick, Deavenport, Dromgoole, Garner, Henderson, 
 Hill of Warren, Ivie, Jones of Lincoln, Jones of Giles, Kyle, 
 McDougal, McNabb, Martin, Meeks, Morris, Netherland, Sample, 
 Staley and Warner 24. 
 
 Mr. Henderson offered the following proviso : 
 
 " But no person, company or corporation shall be held liable as 
 security for another upon any debt, contract or undertaking bear- 
 ing a higher rate of interest than six per cent, per annum." 
 
 Pending which the Convention took a recess. 
 
 AFTERNOON SESSION. 
 
 Mr. HENDERSON'S amendment being the pending question, Mr. 
 Jones, of Lincoln, called for the question, and demanded the yeas 
 and nays on the adoption of Mr. Henderson's amendment, whiclsn 
 were ordered, and the amendment rejected. 
 
 Yeas a 20 
 
 Nays 42 
 
 Those voting in the affirmative are : 
 
 Messrs. Branson, Britton, Brooks, Deavenport, Garner, Gibson, 
 Gordon, Henderson, Hill of Warren, Jones of Lincoln, Jones of 
 Giles, Key, Kyle, McNabb, Morris, Netherland, Sample, Staley, 
 Walters and Warner 20. 
 
 Those voting in the negative are : 
 
 Messrs. Arledge, Baxter, Blizard, Brandon, Brown of Henry, 
 etc., Burkett, Burton, Byrne, Campbell, Carter, Chowning, Coffin, 
 Cummings, Cypert, Deaderick, Dibbrell, Doherty, Dromgoole, 
 Fentress, Fielder, Gardner, Gaut, Gibbs, Heiskell, Hill of Gibson, 
 House of Williamson, House of Montgomery, etc., Ivie, Kennedy, 
 Kirkpatrick, McDougal, Martin, Porter of Haywood, Seay, 
 Shepard, Stephens, Taylor, Thompson of Davidson, Turner, Wil- 
 liamson, Wright and President Brown 42. 
 
329 
 
 Mr. CYPEBT offered the following proviso, as an amendment to 
 Section 6, Article XI : 
 
 Provided, The Legislature shall have no power to enact any law 
 allowing a higher ratejof interest than ten per cent, per annum. 
 
 Mr. GARNER demanded the yeas and nays upon the adoption of 
 the amendment, which were ordered, and the amendment adopted. 
 
 Yeas 53 
 
 Nays 15 
 
 Those voting in the affirmative are : 
 
 Messrs. Allen, Bate, Blizard, Brandon, Branson, Britton, Brooks, 
 Byrne, Carter, Chowning, Coffin, Cummings, Cypert, Deaderick, 
 Deavenport, Dibbrell, Doherty, Dromgoole, Fielder, Gardner, 
 Garner, Gaut, Gibson, Gordon, Henderson, Hill of Warren, House 
 of Williamson, House of Montgomery, etc., I vie, Jones of Lin- 
 coln, Jones of Giles, Key, Kirkpatrick, Kyle, McDougal, McNabb, 
 Martin, Meeks, Morris, Netherland, Nicholson, Parker, Sample, 
 Seay, Shepard, Shelton, Staley, Taylor, Thompson of Maury, Tur- 
 ner, Walters, Warner and Wright 53. 
 
 Those voting in the negative are : 
 
 Messrs. Arledge, Baxter, Brown of Henry,, etc., Burkett, Burton, 
 Campbell, Fentress, Gibbs, Heiskell, Hill of Gibson, Kennedy, 
 Porter of Haywood, Stephens, Thompson of Davidson and Wil- 
 liamson 15. 
 
 On motion of Mr. FENTRESS, leave of absence was granted Mr. 
 Campbell on account of sickness. 
 
 STATE AID TO RAILROADS. 
 
 The Convention proceeded to the consideration of the following 
 report of the Committee on Finance : 
 
 " No bonds of the State shall be issued to any railroad company 
 which, at the time of its application for the same, shall be in de- 
 fault in paying the interest upon State bonds previously loaned to 
 it, or that shall hereafter, and before such application, sell, or abso- 
 lutely dispose of, any State bonds loaned to it for less than par." 
 
 Mr. JONES, of Lincoln, demanded the yeas and nays on the adop- 
 tion of the report -of the Committee, which were ordered, and the 
 report rejected by a tie vote. 
 
 Yeas 34 
 
 Nays 34 
 
 Those voting in the affirmative are : 
 
 Messrs. Arleclgo, Bate, Baxter, Blizard, Brown of Davidson, 
 
Brown of Henry, etc., Burton, Carter, Deavenport, Doherty, Brom- 
 goole, Fielder, Gardner, Garner, Gordon, Henderson, Hill of War- 
 ren, Hill of Gibson, House of Williamson, House of Montgomery, 
 etc., Ivie, Jones of Lincoln, Jones of Giles, Kennedy, McDougal, 
 Meeks, Morris, Shelton, Staley, Stephens, Thompson of Davidson, 
 Thompson of Maury, Walters and Warner 34. 
 
 Those voting in the negative are : 
 
 Messrs. Allen, Brandon, Branson, Britton, Brooks, Byrne, 
 Chowning, Coffin, Cum m ings, Cypert, Deaderick, Dibbrell, Fen- 
 tress, Finley, Gibbs, Gibson, Heiskell, Key, Kirkpatrick, Kyle, 
 Mabry, McNabb, Martin, Netherland, Nicholson, Parker, Porter of 
 Haywood, Sample, Seay, Shepard, Taylor, Turner, Williamson and 
 Wright 34. 
 
 INTOXICATING LIQUORS. 
 
 The Convention proceeded to the consideration of the special or- 
 der of the day the motion of Mr. FIELDER to reconsider the 
 vote rejecting Mr. Gaut's amendment in relation to the prohibition 
 of the sale of spirituous liquors by a vote of the citizens of towns, 
 cities, and civil districts. 
 
 Mr. CYPERT demanded the yeas and nays on the motion to re- 
 consider, which were ordered, and the motion rejected. 
 
 Yeas 31 
 
 Nays .. 37 
 
 Those voting in the affirmative are : 
 
 Messrs. Allen, Bate, Blizard, Branson, Britton, Brooks, Brown 
 of Henry, etc., Byrne, Carter, Coffin, Deaderick, Dibbrell, Doherty, 
 Dromgoole, Fentress, Fielder, Gaut, Gibson, Heiskell, Ivie, Jones 
 of Giles, Kirkpatrick, Kyle, Mabry, McNabb, Netherland, Parker, 
 Sample, Shepard, Staley and Wright 31. 
 
 Those voting in the negative are : 
 
 Messrs. Arledge, Baxter, Brandon, Brown of Davidson, Burton, 
 Chowning, Cummings, Cypert, Deavenport, Gardner, Garner, 
 Gibbs, Gordon, Henderson, Hill of Warren, Hill of Gibson, House 
 of Williamson, House of Montgomery, etc., Jones of Lincoln, Ken- 
 nedy, Key, McDougal, Martin, Meeks, Morris, Nicholson, Porter 
 of Haywood, Seay, Shelton, Stephens, Taylor, Thompson of David- 
 son, Thompson of Maury, Turner, Walters, Warner and William- 
 son 37. 
 
 ELECTIVE FRANCHISE. 
 
 Mr. KIRKPATRICK called up his motion, entered on yesterday, to 
 
331 
 
 take from the table the motion to reconsider the vote adopting Sec- 
 tion 1, of Article IV. 
 
 Mr. CYPERT demanded the yeas and nays, which were ordered, 
 and the motion to take from the table the motion to reconsider was 
 adopted. 
 
 Yeas 43 
 
 Nays 25 
 
 Those voting in the affirmative are : 
 
 Messrs. Arledge, Blizard, Brandon, Branson, Britton, Brooks, 
 Brown of Henry, etc., Byrne, Carter, Chowning, Coffin, Cummings, 
 Cypert, Deaderiek, Dibbrell, Doherty, Fentress, Fielder, Gibbs, 
 Gibson, Henderson, Hill of Warren, Hill of Gibson, Ivie, Jones of 
 Lincoln, Key, Kirkpatrick, Kyle, Mabry, McDougal, McNabb, 
 Martin, Meeks, Morris, Netherland, Nicholson, Parker, Porter of 
 Haywood, Sample, Taylor, Walters, Warner and Williamson 43. 
 
 Those voting in the negative are : 
 
 Messrs. Allen, Bate, Baxter, Brown of Davidson, Deavenport, 
 Dromgoole, Finley, Gardner, Garner, Gant, Gordon, Heiskell, 
 House of Williamson, House of Montgomery, etc., Jones of Giles, 
 Kennedy, Seay, Shepard, Shelton, Staley Stephens, Thompson of 
 Davidson, Thompson of Maury, Turner and Wright 25. 
 
 Mr. KENNEDY demanded the yeas and nays on the motion to 
 reconsider, which were ordered, and the motion adopted : 
 
 Yeas '. 38 
 
 Nays 33 
 
 Those voting in the affirmative are : 
 
 Messrs. Arledge, Blizard, Brandon, Branson, Britton, Brooks, 
 Brown of Henry, etc., Carter, Chowning, Coffin, Cummings, Cypert, 
 Deaderiek, Doherty, Fentress, Finley, Gibbs, Gibson, Henderson, 
 Hill of Warren, Ivie, Jones of Lincoln, Key, Kirkpatrick, Kyle, 
 McDougal, McNabb, Martin, Meeks, Morris, Netherland Parker, 
 Sample, Staley, Taylor, Walters, Warner, and Williamson 38. 
 
 Those voting in the negative are : 
 
 Messrs. Allen, Bate, Baxter, Brown of Davidson, Burkett, Bur- 
 con, Byrne, Deavenport, Dibbrell, Dromgoole, Fielder, Gardner, 
 Garner, Gaut, Gordon, Heiskell, Hill of Gibson, House of William- 
 son, House of Montgomery, etc., Jones of Giles, Kennedy, Mabry, 
 Nicholson, Porter of Haywood, Seay, Shepard, Shelton, Stephens, 
 Thompson of Davidson, Thompson of Maury, Turner Wright and 
 President Brown 33. 
 
 Mr. FENTRESS offered the following in lieu of Section 1, Ar- 
 ticle VI. 
 
332 
 
 The following persons shall be entitled to the exercise of the 
 Elective Franchise in this State : 
 
 1. Every free white man of the age of twenty-one years, being 
 a citizen of the United States and resident of this State for twelve 
 months ; and resident of the county wherein he may offer his vote 
 sixth months next preceding the day of election. 
 
 2. And if at any time hereafter the right of the States to declare 
 who shall not be voters is legally surrendered to the Government of 
 the United States, then such other persons as the United States 
 Government shall declare entitled to exercise the Elective Franchise 
 in Tennessee shall by virtue of the same be so entitled, but no fur- 
 ther or otherwise. 
 
 Provided, That the General Assembly shall have power to enact 
 laws requiring voters to vote in the election precincts in which they 
 may reside, and laws to secure the freedom of elections and purity 
 of the ballot box. 
 
 All male persons of the State shall be subject to military duty 
 within such ages as may be prescribed by law ; but no one shall be 
 subject to a poll tax who is not legally entitled to vote in this State. 
 
 Mr. THOMPSON, of Davidson, offered the following in lieu of Mr. 
 Fentress' amendment : 
 
 " Provided, That every voter shall be required to vote in the 
 Civil District or Ward in which he resides." 
 
 Mr. JONES, of Lincoln, moved to lay the amendment of Mr. 
 Fentress on the table. 
 
 Mr, KENNEDY demanded the previous question. 
 
 Mr. CYPERT demanded the yeas and nays on Mr. Jones' motion 
 to lay Mr. Fentress 7 amendment on the table, which were ordered, 
 and the motion to lay on the table sustained. 
 
 Yeas 55 
 
 Nays 17 
 
 Those voting in the affirmative are : 
 
 Messrs. Allen, Baxter, Blizard, Brandon, Branson, Britton, 
 Brooks, Brown of Davidson, Burkett, Burton, Byrne, Chowning, 
 Coffin, Cypert, Deaderick, Dibbrell, Doherty, Dromgoole, Fielder, 
 Finley, Gardner, Garner, Gaut, Gibbs, Gibson, Henderson, Hill of 
 Warren, Hill of Gibson, House of Williamson, House of David- 
 son, etc., Ivie, Jones of Lincoln, Kennedy, Key, Kirkpatrick, Kyle, 
 McDougal, McNabb, Martin, Meeks, Morris, Netherland, Nichol- 
 son, Parker, Porter of Haywood, Sample, Seay, Staley, Thompson 
 
333 
 
 of Davidson, Thompson of Maury, Turner, Walters, Warner, 
 Wright and President Brown 55. 
 
 Those voting in the negative are : 
 
 Messrs. Arledge, Bate, Brown of Henry, etc., Campbell, Carter, 
 Cummings, Deavenport, Fentress, Gordon, Heiskell, Jones of Giles, 
 Mabry, Shepard, Shelton, Stephens, Taylor and Williamson 17. 
 
 POINT OF ORDER. 
 
 Mr. JONES, of Giles, raised the following point of order : 
 A motion having been made to reconsider the vote adopting Sec- 
 'tion 1, Article IV, and that motion having been laid on the table, 
 it could only be taken from the table by a vote of two-thirds of the 
 Convention, and the motion of Mr. Kirkpatrick not having receiv- 
 ed a two-thirds vote failed and that the vote subsequently taken 
 to reconsider, and the reception and entertaining Mr. Fentress' 
 amendment and the vote thereon were all out of order and void. 
 
 The Chair, Mr. TURNER presiding, decided the point of order 
 well taken. 
 
 Mr. JONES, of Lincoln, appealed from the decision of the Chair 
 and demanded the yeas and nays, which were ordered and the deci- 
 sion of the Chair sustained : 
 
 Yeas 43 
 
 Nays 27 
 
 Those voting in the affirmative are : 
 
 Messrs. Allen, Baxter, Brandon, Branson, Britton, Brown of 
 Henry, etc., Burkett, Burton, Byrne, Carter, Chowning, Cummings, 
 Deavenport, Doherty, Dromgoole, Fentress, Fielder, Finley, Gard- 
 ner, Gaut, Gibson, Gordon, Heiskell, Hill of Gibson, House of 
 Williamson, House of Montgomery, etc., Ivie, Jones of Giles, Ken- 
 nedy, Key, Kirkpatrick, Mabry, Nicholson, Parker, Porter of Hay- 
 wood, Shepard, Shelton, Staley, Stephens, Thompson of Davidson 
 and Wright 43. 
 
 Those voting in the negative are : 
 
 Messrs. Arledge, Bate, Blizard, Brcoks, Brown of Davidson, 
 Cypert, Deaderick, Dibbrell, Gibbs, Henderson, Hill of Warren, 
 Jones of Lincoln, Kyle, McDougal, McNabb, Martin, Meeks, Mor- 
 ris, Netherland, Sample, Seay, Taylor, Thompson of Maury, Walters, 
 Warner, Williamson and President Brown 27. 
 
 On motion of Mr. SEAY the Convention adjourned until to-mor- 
 row morning at 9J o'clock. 
 
334 
 
 THURSDAY MORNING, FEBRUARY 17, 1870. 
 
 The Convention met pursuant to adjournment, Mr. President 
 BROWN in the Chair. 
 Prayer by the Rev. Mr. INMAN. 
 The Journal of yesterday was read and approved, 
 
 THE BIBLE IN COMMON SCHOOLS. 
 
 Mr. SAMPLE offered the following resolution : 
 
 Resolved, That the Scriptures of the Old and New Testament shall 
 never be prohibited or excluded from the Common Schools of this 
 State. . 
 
 ADJOURNMENT SINE DIE. 
 
 Mr. BLACKBURN submitted the following preamble and resolu- 
 tion : 
 
 WHEREAS, This Convention having now already been in session 
 for thirty-four days, at an expense to the people of the State of 
 twenty to thirty thousand dollars (the purpose whereof, the same 
 was called, being to alter, amend or abolish the present State Con-, 
 stitution, neither of which has yet been done) therefore, be it 
 
 Resolved, That this Convention adjourn sine die on to-morrow, 
 Friday, February, 18th, 1870, and that this Conventien be declared 
 as adjourned on that day. 
 
 Which resolution lies over under the rule. 
 
 PLACE OF HOLDING COURT. 
 
 Mr. PORTER, of Haywood, offered the following resolution, 
 which, on his motion, w r as referred to the Committee on the Judi- 
 ckry : 
 
 " The General Assembly shall hereafter have no power to estab- 
 lish the Courts of Record, to be held elsewhere than at the county 
 seat of the county for which such court is to be held." 
 
335 
 
 WHEN LAWS TO TAKE EFFECT. 
 
 "Mr. STEPHENS from the Committee on the Legislative Depart- 
 ment made the following report : 
 To the, PRESIDENT of the Convention : 
 
 I am instructed by a majority of the Committee on the Legisla- 
 tive Department to report the following amendment to Article II : 
 
 AKTICLE II. 
 
 Section 32. No law of a general nature shall go into effect until 
 the fortieth day after its passage, unless such law, or its preamble, 
 shall declare that the public welfare requires that it should take 
 effect sooner. 
 
 Respectfully submitted, 
 
 W. H. STEPHENS, 
 
 Chairman, etc. 
 
 Mr. GAKDNEK moved that the Convention take up the report. 
 
 Mr. KEY moved to lay the amendment proposed by the Commit- 
 tee on the table. 
 
 Mr. GIBSON demanded the yeas and nays, which were ordered 
 and the motion to lay on the table rejected : 
 
 Yeas /. .....24 
 
 Nays 48 
 
 Those voting in the affirmative are : 
 
 Messrs. Allen, Arledge, Bate, Baxter, Blackburn, Blizard, Bur- 
 kett, Carter, Dibbrell, Doherty, Hill of Warren, Ivie, Key, Kirk- 
 patrick, Mabry, McDougal, Martin, Meeks, Morris, Sample, Staley, 
 and Thompson of Maury 24. 
 
 Those voting in the negative are : 
 
 Messrs. Brandon, Branson, Britton, Brooks, Brown of Davidson, 
 Brown of Henry, etc., Burton, Byrne, Campbell, Chowning, Coffin, 
 Cummings, Cypert, Deaderick, Dromgoole, Fentress, Fielder, Fin- 
 ley, Gardner, Garner, Gaut, Gibbs, Gibson, Gordon, Heiskell, Hen- 
 derson, Hill of Gibson, House of Williamson, House of Montgom- 
 ery, Jones of Giles, Kennedy, Kyle, McNabb, Netherland, Nichol- 
 son, Parker, Porter of Hay wood, Seay, Shepard, Shelton, Stephens, 
 Taylor, Thompson of Davidson, Turner, Walters, Warner, William- 
 son and Wright 48. - 
 
 Mr. BURKETT demanded the previous question, which was sus- 
 tained, and the amendment reported by the Committee was adopted 
 without a division. 
 
336 
 
 MISCELLANEOUS. 
 
 On motion of Mr. KEY, the Convention proceeded to the con- 
 sideration of the report of the Committee on Miscellenaeous Mat- 
 ters. 
 
 Mr. JONES, of Giles, offered the following amendment to the 
 first amendment proposed by the Committee : 
 
 After the word "cast" insert, " which shall be a majority of all 
 the votes in the last election for Governor preceding the vote," so 
 that the section will read : " The Legislature shall have the right, 
 at any time, by law, to submit to the people the question of calling 
 a Convention to alter, reform, or abolish this Constitution, and 
 when, upon such submission, a majority of all the votes cast, and 
 which shall be a majority of all the votes cast in the last election 
 for Governor preceding the vote, shall be in favor of said proposi- 
 tion, then delegates shall be chosen, and the Convention shall as- 
 semble in form, mode and manner as shall be prescribed." 
 
 Mr. BURKETT demanded the previous question, which was sus- 
 tained. 
 
 Mr. JONES' amendment was rejected. 
 
 The amendment of the Committee to Section 3, Article XI, was 
 adopted. 
 
 Yeas ...... ...... ....... ......... ......................................... 37 
 
 Nays. ....................... ... .......................................... 32 
 
 Those voting in the affirmative are : 
 
 Messrs. Blackburn, Branson, Brooks, Brown of Davidson, Brown 
 of Henry, etc., Byrne, Carter, Chowning, Dibbrell, Fielder, Finley, 
 Gardner, Garner, Gaut, Gibbs, Gibson, Hill of Warren, House of 
 Williamson, House of Montgomery, etc., I vie, Jones of Giles, Key, 
 Kirkpatrick, Mabry, McDougal, Martin, Meeks, Porter of Hay- 
 wood, Porter of Henry, Sample, Seay, Staley, Taylor, Turner, 
 Warner and Wright 37. 
 
 Those voting in the negative are : 
 
 Messrs. Allen, Arledge, Bate, Baxter, Blizard, Brandon, Britton, 
 Burkett, Burton, Campbell, Coffin, Cummings, Cypert, Deaderick. 
 Doherty, Dromgoole, Fentress, Gordon, Heiskell, Henderson, Hill 
 of Gibson, Kennedy, Kyle, McNabb, Morris, Netherland, Nichol- 
 son, Parker, Shepard, Shelton, Stephens, Thompson of Davidson, 
 Thompson of Maury, and Walters 32. 
 
 Mr. GIBSON offered the following in lieu of the section reported 
 by the Committee, to follow Section 5 : 
 
 " The Legislature shall have no power to pass special acts chang- 
 
337 
 
 ing the names of persons, or for the adoption or legitimation of 
 persons,, or establishing fish traps or ferries, or remitting or releas- 
 ing penalties due or accruing to the State, but shall by general laws 
 confer this power on the courts." 
 
 Which was rejected by the Convention. 
 
 Mr. BLACKBURN demanded the yeas and nays on the adoption 
 of the section as reported by the Committee, which were ordered, 
 and the section adopted. 
 
 Yeas 43 
 
 Nays 26 
 
 Those voting in the affirmative are : 
 
 Messrs. Allen, Arledge, Bate, Baxter, Blizard, Branson, Britton, 
 Brooks, Brown of Davidson, Burkett, Carter, Coffin, Cummings, 
 Cypert, Deaderick, Dromgoole, Gibson, Gordon, Heiskell, Hill of 
 Gibson, House of Williamson, House of Montgomery, etc., Ivie, Jones 
 of Giles, Kennedy, Key, Kirkpatrick, Kyle, Mabry, McDougal, 
 McNabb, Meeks, Morris, Netherland, Nicholson, Parker, Seay, 
 Shepard, Shelton, Stephens, Taylor, Thompson of Maury, and 
 Turner 43. 
 
 Those voting in the negative are : 
 
 Messrs. Blackburn, Brandon, Brown of Henry, etc., Burton, 
 Byrne, Campbell, Chowning, Dibbrell, Doherty, Fentress, Fielder, 
 Finley, Gardner, Garner, Gaut, Gibbs, Hill of W'arren, Martin, 
 Porter of Hay wood, Porter of Henry, Sample, Staley, Thompson of 
 Davidson, Walters, Warner and Wright 26. 
 
 Section , to follow Section 11, as reported by the Committee, 
 was adopted without a division. 
 
 Mr. KEY moved to reconsider the vote adopting the section, 
 which was adopted. 
 
 Mr. JONES, of Giles, offered the following in lieu of the report 
 of the Committee. 
 
 ARTICLE --. 
 
 AMENDMENT IN LIEU. 
 
 Any person holding office under the laws of this State who, ex- 
 cept in payment of his legal salary, fees or perquisites, receives, or 
 consents to receive directly or indirectly, anything of value or of 
 personal advantage, or the promise thereof, for performing any offi- 
 cial act, or with the express or implied understanding that his 
 official actions, or omission to act, is to be in any degree influenced 
 thereby, shall be deemed guilty of a felony, and on conviction shall 
 22 
 
338 
 
 be punished by imprisonment in a State prison for a term not ex- 
 ceeding five years, or by a fine not exceeding five thousand dollars, 
 or both, in the discretion of the court. This section shall not affect 
 the validity of any existing statutes in relation to the offence of 
 bribery. 
 
 Mr. GIBSON offered the following in lieu of Mr. Jones' amend- 
 ment : 
 
 " No State officer, or member of the Legislature, shall directly or 
 indirectly act as counsel, agent, or attorney, in the prosecution of 
 any claim against the State, or in advocating any measure in either 
 House of the Legislature." 
 
 Which was rejected by the Convention. 
 
 Mr. HOUSE, of Williamson, offered the following amendment: 
 
 Insert after the word " receive," in second line, the words, " in 
 consideration of being such member or officer ;" and strike out all 
 after the word " corporation " in third line. 
 
 Mr. ALLEN moved to lay the original proposition, and all pend- 
 ing amendments, on the table. 
 
 Mr. CYPKRT demanded the yeas and nays, which were ordered,, 
 and the motion to lay on the table sustained. 
 
 Yeas ." 40 
 
 Nays 28 
 
 Those voting in the affirmative are : 
 
 Messrs. Allen, Arledge, Baxter, Blizard, Brandon, Britton, 
 Brooks, Brown of Henry7 etc., Burkett, Burton, Campbell, Carter,, 
 Chowning, Cummings, Cypert, Deaderick, Doherty, Dromgoole, 
 Gibbs, Heiskell, Henderson, Hill of Gibson, Ivie, Kennedy, Key, 
 Kirkpatrick, Kyle, Mabry, McDougal, McNabb, Meeks, Nicholson,, 
 Porter of Hay wood, Seay, Shelton, Stephens, Thompson of David- 
 son, Thompso'n of Maury, Walters and Williamson 40. 
 
 Those voting in the negative are : 
 
 Messrs. Blackburn, Branson, Byrne, Coffin, Dibbrell, Fentress, 
 Fielder, Finley, Gardner, Garner, Gaut, Gibson, Gordon, Hill of 
 Warren, House of Williamson, Jones of Giles, Martin, Morris, 
 Netherland, Parker, Porter of Henry, Sample, Shepard, Staley, 
 Taylor, Turner, Warner and Wright 28. 
 
 Mr. PORTER, of Haywood, proposed to amend the section re- 
 ported by the Committee in relation to a homestead, by striking 
 out the words " one thousand " and inserting " five hundred." 
 
 On motion of Mr. GIBBS, the amendment was laid on the table. 
 
 Mr. GIBBS offered the following amendment : 
 
 Strike out " to the value of not less than one thousand dollars," 
 
339 
 
 and in-ert, " to tin- extent of lid y acres of hind ont-ide of corpo- 
 ra ted (owns, or one !o\vn lot not exceeding one aere." 
 
 Mr. PoliTl-:i:, of Ilaywod, moved to hiy tin: amendment, on the 
 table, :t!i(l demanded tin; yeas and nays, whieh were order* d, and 
 
 the motion s.n-tained. 
 
 57 
 
 Naya 8 
 
 Those voting in the affirmative are : 
 
 Messrs. Allen, A Hedge, Hate., Baxter, Bli/anI, lirandon, Bran-. ,. 
 Jlritton, IJrooks, lirown of David-on, Brown of Henry, etc,'., Burton, 
 JJvrne, ( 'amph'-ll, Carter, Chowning, Coffin, CummingH, (Jypert, 
 I)e;iderieJ<, I)ihf)re!l, Drorngooh^ Fcnfrey..s, l''ir-l<ler, Finley, Gard- 
 ner, (iarner, Cant, Cih-on, (iordon, Ileiskell, Hill of Wan-en, 
 Jlou-f of Williamson, House of Davidson, etc., Ivie, Jones of Giles, 
 Kennedy, Kirpsitri<-k, Kyle, Mabry, McDougal, McNabh, M< 
 Morris, NelherJand, Niehol-on, 1'ori.erof I lay wood, Sample, Seay, 
 Shepard, Slielton, Stalev, Turner, \\'alte-r.s, Warner, Williamson and 
 Wright 57. 
 
 Those voting in th<- negative are : 
 
 Me-sr-. Doherty^ Gibbs, 11 enderson, Hill of Gibson, Key, Mar- 
 tin, Porter of Henry, etc. and Thompson of Maury 8. 
 
 Mr. HILL, of Gibson, offered the following amendment: 
 Add to the end of the Section : 
 
 " Tho LeMi-latiire may increase the amount of this exemption." 
 M r. - - moved to lay the amendment on the table. 
 
 Mr. SIIEPAED demanded the yeas and nays, which were order- 
 -d, and tin; motion to lay on the table sustained. 
 
 Yeas 44 
 
 Nays 24 
 
 Those: voting in tin- affirmative are: 
 
 Messrs. Allen, A Hedge, Bate, Baxter, Branson, Britton, Brooks, 
 liro-.vn of Davidson, Brown of Henry, ete., JJurkett, Byrne, Camp- 
 hell, Carter, Chowning, Coffin, dimming, r ypert, Deaderick, Dib- 
 brell, Dolie ty, Dromgooh, Pentress, Fielder, Gardner, (.iaut, Gib- 
 son, House of Williamson, Hon-e of Montgomery, etc., Jon* - of 
 (iile-, Kennedy, M^Dongal, MeXahh, Parker, Porter of Haywood, 
 Porter of Henry, Sample, Shepard, Staley, Stephens, Tlirmip-on of 
 i, r j'nrner, Walters, Williamson and Wright 44. 
 
 Tho--e voting in the negative are: 
 
 Messrs. Brandon, Burton, Finley, Garner, Gibbs, Gordon, Jl 
 
340 
 
 kell, Henderson, Hill of Warren, Hill of Gibson, Ivie, Key, Kirk- 
 patrick, Kyle, Mabry, Martin, Meeks, Morris, Netherland, Nichol- 
 son, Seay, Shelton, Thompson of Maury and Warner 24. 
 
 Mr. TURNER offered the following in lieu of the amendment re- 
 ported by the Committee : 
 
 ' A homestead in the possession of each head of a family, and the 
 improvements thereon, to the value in all of one thousand dollars 
 shall be exempt from 5>ale under legal process during the life of such 
 head of a family, to inure to the benefit of the widow, and shall be 
 exempt during the minority of their children occupying the same. 
 Nor shall said property be alienated without the joint consent of 
 husband and wife, when that relation exists. This exemption shall 
 not affect debts contracted before the adoption of this Constitution, 
 nor debts contracted for the purchase or improvement of said lot, 
 nor public taxes. 
 
 Which was received by the Convention in lieu of the report of 
 the Committee, and the section as thus amended adopted. 
 
 To the Section reported by the Committee to prevent marriage 
 between whites and blacks, Mr. FENTRESS offered the following 
 amendment : 
 
 Insert after the word prohibited, in the second line of 4th inde- 
 pendent section of Committee on Miscellaneous Business, the fol- 
 lowing words : 
 
 No negro, mulatto, or mustee shall be allowed to sit on Juries 
 or hold office in this State." 
 
 It will then read as follows : 
 
 " The intermarriage of white persons with negroes, mulattoes or 
 persons of mixed blood, descended from a negro, to the third gene- 
 ration inclusive, is prohibited. And no negro, mulatto or mustee 
 shall be allowed to sit on juries or hold office in this State." 
 
 Mr. BLIZARD moved to lay the amendment on the table. 
 Mr. GARNER demanded the yeas and nays, which were ordered 
 and the motion to lay on the table rejected : 
 
 Yeas 13 
 
 Nays 57 
 
 Those voting in the affirmative are : 
 
 Messrs. Baxter, Blizard, Bramson, Burkett, Coffin, Cypert, Dead- 
 erick, Gaut, Gibson, Heiskell, Hill of Warren, Key and Parker 13. 
 
 Those voting in the negative are : 
 
 Messrs. Allen, Bate, Blackburn, Brandon, Britton, Brooks, Brown 
 of Davidson, Brown of Henry, etc., Burton, Byrne, Campbell, Car- 
 
341 
 
 ter, Chowning, Cummings, Dibbrell, Doherty, Dromgoole, Fentress, 
 Fielder, Finley, Gardner, Garner, Gibbs, Gordon, Henderson, Hill 
 of Gibson, House of Williamson, House of Davidson, etc., Ivie, 
 Jones of Giles, Kennedy, Kirkpatrick, Kyle, Mabry, MeDougal, 
 McNabb, Martin, Meeks, Morris, Netherland, Nicholson, Porter of 
 Hay wood, Porter of Henry, Sample, Seay, Shepard, Shelton, Sta- 
 ley, Stephens, Taylor, Thompson of Davidson, Thompson of Maury, 
 Turner, Walters, Warner, Williamson and Wright 57. 
 
 Mr. FEXTBESS demanded the yeas and nays on the adoption of 
 his amendment, which were ordered, and the amendment rejected. 
 
 Yeas 29 
 
 Nays 39 
 
 Those voting in the affirmative are : 
 
 Messrs. Allen, Arledge, Bate, Brooks, Brown of Henry, etc., 
 Burton, Campbell, Carter, Chowning, Cummings, Dromgoole, Fent- 
 ress, Fielder, Gardner, Heiskell, Hill of Gibson, House of Mont- 
 gomery, etc., Ivie, Kennedy, Meeks, Porter of Henry, Seay, Shep- 
 ard, Shelton, Stephens, Taylor, Turner, Wright and Williamson 
 29. 
 
 Those voting in the negative are : 
 
 Messrs, Baxter, Blizard, Brandon, Branson, Britton, Burkett, 
 Byrne, Coffin, Cypert, Deaderick, Dibbrell, Dohertj, Finley, Gar- 
 ner, Gaut, Gibbs, Gibson, Gordon, Henderson, Hill of Warren, 
 House of Williamson, Key, Kirkpatrick, Kyle, Mabry, MeDougal, 
 McNabb, Martin, Morris, Netherland, Nicholson, Parker, Porter of 
 Haywood, Sample, Staley, Thompson of Davidson, Thompson of 
 Maury, Waiters and Warner^-39. 
 
 The Convention took a recess until 2J o'clock P. M. 
 
 AFTERNOON SESSION. 
 
 Mr. DROMGOOLE offered the following amendment : 
 
 After the word " prohibited " insert " or the living together as': 
 man and wife in this State." 
 
342 
 
 Which was adopted, and the Section as thus amended was adopt- 
 ed by the Convention. 
 
 The amendment, recommended by the Committee, to Article II, 
 Section 25, having been incorporated in another part of the Consti- 
 tution, was passed over informally. 
 
 Section 1, Article VII, reported by the Committee in lieu was 
 taken up, when 
 
 Mr. TAYLOR offered the following amendment : 
 
 Insert after " Register " in second line, " and one Trustee " 
 and insert after " Register" where it appears in second place in 2d 
 line the words " and Trustee." 
 
 Mr. HOUSE, of Montgomery, etc., offered the following in lieu of 
 Mr. Taylor's : 
 
 But the Legislature may authorise any of the counties to elect a 
 County Trustee, to hold his office ftr two years. 
 
 Messrs. TAYLOR and HOUSE subsequently withdrew their amend- 
 ments : 
 
 Mr. KIRKPATRICK submitted the following amendment : 
 
 Strike out in second line after the word "for" the word " two" 
 and insert " four." Strike out at end of third line " six " and in- 
 sert "four " in lieu thereof, 
 
 So that the Section will read : 
 
 Section 1. There shall be elected in each county, by the qualified 
 voters therein, one Sheriff, one Register ; the Sheriff for four years 
 and the Register for four years; Provided, That no person shall be 
 eligible to the office of Sheriff more than four years in any term of 
 eight years. 
 
 Mr. KIRKPATRICK subsequently withdrew his amendment. 
 
 Mr. JONES, of Giles, moved to lay the amendment proposed by 
 , the Committee on the table, which was adopted ; thereupon, 
 
 ,Mr. JONES, of Giles, proposed to re-adopt Section 1, of Article 
 'VII, of the Constitution, and it was accordingly adopted. 
 
 Mr. ( JONES, of Giles, offered the following amendment to Section 
 : 2,, Article VII, of the Constitution of 1834: 
 
 ^ When any vacancy shall occur otherwise than by expiration of 
 term in the office of Judge or Attorney General, except the Attor- 
 ney-General for the State, the same shall be filled for a full term at 
 the. next General election happening not less than thirty days after 
 such -vacancy .occurs. And until the vacancy shall be so filled, the 
 , by and with, the advice and consent of the Senate, if the 
 
343 
 
 Senate shall be in session, or if not, the Governor alone may ap- 
 point to fill such vacancy. If the vacancy occurs in the Supreme 
 Court, the powers and jurisdiction of the Court shall not be sus- 
 pended for want of appointment or election when the number of 
 Judges is sufficient to constitute a quorum." 
 
 Mr. BAXTER moved to lay the amendment on the table. 
 Mr. JONES of Giles, demanded the yeas and nays, which were or- 
 dered, and the motion to lay on the table was sustained. 
 
 Yeas 53 
 
 Kays 1.7 
 
 Those voting in the affirmative are : 
 
 Messrs. Allen, Arledge, Baxter, Blackburn, Blizard, Brandon, 
 Branson, Britton, Brooks, Brown of Henry, etc., Burkett, Burton, 
 Byrne, Carter, Chowning, Cummings, Deaderick, Dibbrell, Doherty, 
 Dromgoole, Fielder, Finley, Gardner, Garner, Gaut, Gibbs, Gib- 
 son, Heiskell, Henderson, Hill of Warren, Hill of Gibson, House 
 of Williamson, House of Montgomery, etc., Kirkpatrick, Kyle, 
 McDougal, McNabb, Martin, Meeks, Morris, Nicholson, Parker, 
 Porter of Henry, Sample, Seay, Shepard, Shelton, Taylor, Turner, 
 Walters, Warner, Williamson and Wright 53. 
 
 Those voting in the negative are : 
 
 Messrs. Bate, Brown of Davidson, Campbell, Coffin, Cypert, 
 Fentress, Gordon, Jones of Giles, Kennedy, Key, Mabry, Nether- 
 land, Porter of Haywood, Staley, Stephens, Thompson of David- 
 son, and Thompson of Maury 17. 
 
 Mr. FENTRESS proposed to amend by adding to the end of the 
 section " occurring not less than forty days thereafter," which was 
 rejected, and the section as it is in the present Constitution adopted. 
 
 Section 3, Article VII, was amended by inserting " and Comp- 
 troller " after the word u Treasurer," and by striking out the words 
 " his or " in the third line, and as thus amended was adopted by 
 the Convention. 
 
 Section 4, Article VII, was amended by striking out the words 
 " that may happen by death, resignation or removal," and as thus 
 amended was adopted by the Convention. 
 
 Section 5, Article VII, was amended by substituting the Report 
 of the Committee on the Judiciary as follows : 
 
 Elections for Judicial and other civil officers shall be held on the 
 first Thursday in August, 1870, and iorever thereafter on the first 
 Thursday in August next preceding the expiration of their respec- 
 tive terms of service. 
 
344 
 
 The term of each officer so elected shall be computed from the 
 first day of September next succeeding his election. 
 
 And as thus amended, was adopted by the Convention. 
 
 Paragraphs. The term of office of the Governor and other ex- 
 ecutive Officers, shall be computed from the 15th of January next 
 after the election of Governor, and 
 
 No appointment or election to fill a vacancy shall be made for a 
 period extending beyond the unexpired term, and 
 
 Every officer shall hold his office until his successor is elected or 
 appointed or qualified, were adopted by the Convention as reported 
 by the Committee on the Judiciary. 
 
 Mr. MoDotJGAL moved to amend the paragraph in relation to 
 filling vacancies in the office of Judge, etc., by striking out the 
 words " time herein fixed for the general elections of civil officers " 
 and inserting " time of the biennial elections of civil officers," which 
 was adopted. 
 
 Mr. FENTRESS moved to amend by adding "occurring not less 
 than forty days thereafter." 
 
 On motion of Mr. PORTER, of Hay wood, the amendment of Mr. 
 Fentress was laid on the table. 
 
 The paragraph as amended by Mr. McDougaPs amendment was 
 then adopted by the Convention. 
 
 The Report of the Committee on Miscellaneous Provisions in re- 
 lation to the preservation of game and fish was taken up, when Mr. 
 MORRIS demanded the yeas and nays on the adoption of the section 
 reported by the Committee, which were ordered and the section 
 adopted. 
 
 Yeas 42 
 
 Nays 29 
 
 Those voting in the affirmative are : 
 
 Messrs. Allen, Arledge, Bate, Blizard, Brandon, Brown of 
 Henry, etc., Burkett, Byrne, Campbell, Chowning, Coffin, Cypert, 
 Deader ick, Dromgoole, Fentress, Garner, Gaut, Heiskell, Hender- 
 son, House of Williamson, Jones of Giles, Key, Kyle, Mabry, Mc- 
 Dougal, Martin, Netherland, Nicholson, Parker, Porter of Hay wood, 
 Porter of Henry, Seay, Shepard, Shelton, Thompson of Davidson, 
 Thompson of Maury, Turner, Walters, Warner, Williamson, 
 Wright and President Brown 42. 
 
 Those voting in the negative are : 
 
 ^Messrs. Baxter, Blackburn, Branson, Britton, Brooks, Brown of 
 
345 
 
 Davidson, Carter, Cumraings, Dibbrell, Doherty, Fielder, Finley, 
 Gardner, Gibbs, Gibson, Gordon, Hill of Warren, Hill of Gibson, 
 House of Montgomery, etc., Ivie, Kennedy, Kirkpatrick, McNabb, 
 Mocks, Morris, Sample, Staley, Stephens and Taylor 29. 
 
 Mr. BLIZARD moved to lay the section reported by the Commit- 
 tee, authorizing the receipt of the due coupons of the bonds of the 
 State for taxes, on the table. t 
 
 Mr. TURNER demanded the yeas and nays, which were ordered 
 and the motion to lay on the table sustained. 
 
 Yeas '. 54 
 
 Nays ' 17 
 
 Those voting in the affirmative are : 
 
 Messrs. Allen, Arledge, Baxter, Blackburn, Blizard, Brandon, 
 Branson, Britton, Brown of Henry, etc., Burkett, Burton, Camp- 
 bell, Carter, Chowning, Coffin, Cummings, Deaderick, Dibbrell, 
 Doherty, Dromgoole, Fielder, Gardner, Gaut, Gibbs, Gibson, Heis- 
 kell, Henderson, Hill of Warren, Hill of Gibson, House of Wil- 
 liamson, Ivie, Jones of Giles, Kirkpatrick, Kyle, Mabry, McDougal, 
 McNabb, Martin, Meeks, Morris, Netherland, Nicholson, Parker, 
 Porter of Henry, Sample, Seay, Shepard, Shelton, Staley, Stephens, 
 Taylor, Thompson of Maury, Warner and Williamson 54. 
 
 Those voting in the negative are : 
 
 Messrs. Brooks, Brown of Davidson, Byrne, Cypert, Fentress, 
 Finley, Garner, Gordon, House of Montgomery, etc., Kennedy, 
 Key, Porter of Hay wood, Thompson of Davidson, Turner, Walt- 
 ers, Wright and President Brown 17. 
 
 Mr. CYPERT submitted the following proviso to be attached to 
 the amendment adopted to Section 3 of Article XI : 
 
 Provided, That nothing contained in this section shall be so con- 
 strued as to deprive the people in their sovereign capacity from ex- 
 ercising the inherent right to alter, reform change or abolish this 
 Constitution, as declared in the Bill of Rights, independent of any 
 legislative authority. 
 
 Which lies over until to-morrow. 
 
 Mr. THOMPSON, of Davidson, submitted the following independ- 
 ent section : 
 
 The due coupon bonds of the State legally issued prior to the 
 year 1861, shall be received at par after January 1st, 1871, for all 
 taxes or other dues to the State; Provided, That this section shall 
 not apply during a rebellion or invasion of the State. 
 
 The consideration of which was postponed until to-morrow. 
 Mr. WARNER offered the following as an independent section : 
 
346 
 
 Sec. . That when any amendment or amendments to the Con- 
 stitution of the United States shall be proposed to the several States 
 thereof for ratification, no Legislature or Convention of this State 
 shall ever ratify or reject such amendment or amendments, unless 
 the Legislature or Convention shall have been elected by the people 
 *of this State after the period of time when the Congress or Con- 
 vention of the United States shall have proposed such amendment 
 -or amendments to the several States for ratification. 
 
 The consideration of the proposed section was postponed until to- 
 morrow. 
 
 Mr. TAYLOR moved that the Convention adjourn until 7 o'clock 
 P. M., which was rejected. 
 
 On motion of Mr. STEPHENS, it was ordered that the hour of 
 meeting hereafter be 9 o'clock A. M., take a recess at 1 p. M., meet 
 again at 2, and sit as long in the afternoon as practicable. 
 
 Mr. THOMPSON, of Davidson, moved that the Convention adjourn 
 ' until 9 o'clock to-morrow morning. 
 
 Mr. BAXTER demanded the yeas and nays, which were ordered., 
 and the motion to adjourn adopted. 
 
 Yeas 40 
 
 Nays 27 
 
 Those voting in the affirmative are: 
 
 Messrs. Arledge, Blackburn, Branson, Brooks,. Brown of David- 
 son, Brown of Henry, etc., Burton, Byrne, Campbell, Chowning, 
 Coffin, Cuinmings, Cypert, Dibbrell, Doherty, Fen tress, Gardner, 
 Gibbs, Gordon, House of Montgomery, etc., Key, Kyle, Mabry, 
 Martin, Morris, Netherland, Nicholson, Porter of Hay wood, Porter 
 of Henry, Sample, Seay, Shepard, Shelton, Stephens Taylor, 
 Thompson of Davidson, Thompson of Maury, Turner, Walters 
 and Wright 40. 
 
 Those voting in the negative are : 
 
 Messrs. Allen, Baxter, Blizard, Brandon, Britton, Burkett, Carter, 
 Deaderick, Dromgoole, Fielder, Garner, Gaut, Gibson, Heiskell, 
 Henderson, Hill of Warren, Hill of Gibson, House of William- 
 son, Ivie, Kennedy, Kirkpatrick. McDougal, McNabb, Meeks^ 
 Parker, Warner and President Brown-^-27, 
 
347 
 
 FRIDAY MORNING, FEBRUARY 18, 1870. 
 
 The Convention met pursuant to adjournment, Mr. 'President 
 BROWN in the Chair. 
 
 The Journal of yesterday was read and approved. 
 
 RESOLUTIONS, MEMORIALS AND PETITIONS. 
 
 Mr. ALLEN offered the following resolution : 
 
 Resolved, That this Contention proceed at once, without regard 
 to the report of any committee or committees, to the consideration 
 seriatim, of the various sections of the several articles of the Consti- 
 tution adopted in 1834, that have not, as yet, been adopted, amended 
 or rejected by this Convention. 
 
 Which lies over under the rule. 
 
 Mr. DROMGOOLE submitted the following resolution : 
 
 Resolved, That all the revenues of this State, after defraying the 
 current expenses of government, and except the appropriations per- 
 mitted by this Constitution to be applied to educational purposes, 
 shall be applied to the payment of the just debts of the State, and 
 no other application of its revenues shall be made until the debts of 
 the State are paid. 
 
 Which lies over under the rule. 
 
 Mr. DOHERTY submitted the following resolution : 
 
 Resolved, That the 'Counties of Carroll/Gibson and Lauderdale, 
 on the line of the Tennessee Central railroad, be excepted from the 
 provisions in the Constitution requiring three-fourths of those vot- 
 ing in any county to authorize subscriptions to the stock of any 
 railroad company. 
 
 Which lies over under the rule. 
 
 Mr. THOMPSON, of Davidson, presented a memorial from a num- 
 ber of Hebrew citizens, praying that they be allowed to observe 
 their own Sabbath. Which was read and referred to the Committee 
 on the Judiciary. 
 
 Mr. GIBSON offered the following as an independent section to 
 Article XI : 
 
 All the ivvenue derived from the tax on polls, and such other 
 
348 
 
 revenues as the Legislature may irom time to time designate, shall 
 be set apart for the support of common schools, and shall never be 
 applied to any other purpose. 
 
 Mr. SEAT offered the following as an independent section to Ar- 
 ticle II : 
 
 No county which has a representative at the date of the ratifica- 
 tion of this Constitution, shall ever be deprived thereof, under any 
 apportionment made hereafter under the provisions of this Consti- 
 tution. 
 
 REPORT ON ORDINANCE. 
 
 Mr. NICHOLSON, from the Committee on Elections and Suffrage, 
 made the following report : 
 
 The Committee have considered an ordinance presented to the 
 Convention by Mr. Turner, of Sumner county, and have instructed 
 me to recommend its adoption, with certain immaterial amendments. 
 The ordinance, as amended and recommended for adoption, is as 
 follows : 
 
 ORDINANCE. 
 
 1st. Be it ordained by the Convention, That it shall be the duty of 
 the several officers of the State, authorized by law, to hold elections 
 for members of the General Assembly and other officers, to open 
 and hold an election, at the place -of holding said elections in their 
 respective counties, on the fourth Saturday in March, 1870, for the 
 purpose of receiving the votes of such qualified voters as may desire 
 to voi:e for the ratification or rejection of the Constitution recom- 
 mended by this Convention. And the qualification of voters in 
 said election shall be the same as that required in the election of 
 delegates to this Convention. 
 
 2d. It shall be the duty of said returning officers, in each county 
 in the State, to enroll the name of each voter on the poll-books 
 prepared for said election, and shall deposit each ballot in the ballot 
 boxes respectively. Each voter, who wishes to ratify the new Con- 
 stitution, shall have written or printed on his ticket the words, 
 " New Constitution," or words of like import ; and each voter, who 
 wishes to vote against the ratification of the new Constitution shall 
 have written or printed on his ticket the words, "Old Constitu- 
 tion," or words of like import. 
 
 3d. The election shall be held, and the judges and clerks shall be 
 appointed, as in the case of the election of the members of the 
 General Assembly, and the returning officers, in the presence of the 
 judges or inspectors, shall count the votes given for the new Con- 
 stitution, and those given for the old Constitution, of which they 
 shall keep a correct estimate in said poll-books. They shall deposit 
 
349 
 
 the original poll-books of said election with the Clerks of the 
 County Courts, in the respective counties, and shall, within five 
 days after the election, make out accurate statements of the number 
 of votes polled in their respective counties for and against the new 
 Constitution, and immediately forward, by mail, one copy of said 
 certificates to the Governor, and one to the Secretary of State. So 
 soon as the poll-books are deposited with the County Clerks, they 
 shall certify to the Secretary of State an accurate statement of the 
 number of votes cast for and against the new Constitution, as it ap- 
 pears on said poll-books. And if any of said returning officers 
 shall fail to make the return herein provided for within the time 
 required, the Secretary of State shall be authorized to send special 
 messengers for the result of the vote in those counties whose offi- 
 cers have so failed to make returns. 
 
 4th. Upon the receipt of said returns, it shall be the duty of the 
 Governor, Secretary of State, and the President of this Convention, 
 or any two of them, to compare the votes cast in said election, and 
 if it shall appear that a majority of all the votes was cast for " New 
 Constitution," it shall be the duty of the Governor forthwith to 
 make proclamation of the result, and thereupon the new Constitu- 
 tion shall be ordained and established as the Constitution of the 
 State of Tennessee. 
 
 4th. The Governor of the State is requested to issue his procla- 
 mation as to the election on the 4th Saturday in March, 1870, herein 
 provided for. 
 
 All of which is respectfully submitted. 
 
 A. O. P. NICHOLSON, Chairman. 
 
 VACANCIES IN JUDICIAL OFFICES. 
 
 On motion of Mr. BURTON, the vote adopting Mr. McDougaPs 
 amendment to the paragraph providing for the filling of vacancies 
 in judicial offices, etc., was reconsidered. 
 
 Thereupon Mr. BURTON offered the following amendment : 
 
 Strike out " general " and insert " biennial," and add : " And 
 such vacancy shall be filled at the next biennial election recurring 
 more than thirty days after the vacancy occurs." 
 
 Which was adopted, and the paragraph, as thus amended, was 
 again adopted by the Convention. 
 
 RATIFYING AMENDMENTS TO FEDERAL CONSTITUTION. 
 
 On motion of Mr. MABRY, the independent section, proposed by 
 Mr. Warner on yesterday, prescribing the mode of ratifying amend- 
 ments to the Constitution of the United States, was referred to the 
 Committee on the Judiciary. 
 
350 
 
 DUE COUPON BONDS. 
 
 The Convention proceeded to the consideration of the indepen- 
 dent section, proposed by Mr. THOMPSON, of Davidson, in relation 
 to receiving the due coupon bonds of the State for taxes, etc. 
 
 Mr. FIELDER demanded the question, which was sustained. 
 
 Mr. BAXTER demanded the yeas and nays, which were ordered, 
 and the section rejected. 
 
 Yeas 7 
 
 Nays 62 
 
 Those voting in the affirmative are : 
 
 Messrs. Brown of Davidson, Chowning, Fentress, Finley, Gor- 
 don, Kirkpatrick and Thompson of Davidson 7. 
 
 Those voting in the negative are : 
 
 Messrs. Allen, Arledge, Bate, Baxter, Blackburn, Blizard, Bran- 
 don, Branson, Britton, Brooks, Brown of Henry, etc., Burkett, 
 Burton, Bryne, Campbell, Carter, Coffin, Cummings, Cypert, 
 Deaderick, Dibbrell, Doherty, Dromgoole, Fielder, Gardner, Gar- 
 ner, Gaut, Gibbs, Gibson, Heiskell, Henderson, Hill of Warren, 
 Hill of Gibson, House of Williamson, Ivie, Jones of Giles, Ken- 
 nedy, Key, Kyle, Mabry, McDougal, MeNabb, Martin, Meeks, Mor- 
 ris, Netherland, Nicholson, Parker, Porter of Hay wood, Porter of 
 Henry, Seay, Shepard, Shelton, Staley, Stephens, Taylor, Thompson, 
 Turner, Walters, Warner, Williamson and President Brown 62. 
 
 MISCELLANEOUS. 
 
 Mr., PORTER,, of Hay wood, entered a motion to reconsider the 
 vote rejecting the amendment proposed by the Finance Committee 
 in reference to the terms on which bonds shall be issued to railroad 
 companies. 
 
 Mr. THOMPSON, of Maury, offered tke following as an additional 
 section to Article XI : 
 
 Sec. . The tax on polls levied by the State under the provis- 
 ions of the Constitution, shall be hereafter appropriated for the pur- 
 poses prescribed in Section 10, Article XI, in such manner as the 
 Legislature shall direct. 
 
 Mr. GIBSON offered the section proposed by him this morning in 
 lieu of Mr. Thompson's. 
 
 Mr. BROWN, of Henry, etc., submitted the following in lieu of 
 Mr. Thompson's proposition : 
 
 Sec. . The State taxes derived from, polls hereafter shall be ap- 
 
351 
 
 propriated to educational purposes, in- such manner as the General 
 Assembly shall from time to time direct by law. 
 
 Which was accepted by Mr. THOMPSON. 
 
 Mr. FIELDER moved to lay the pending propositions on the 
 table. 
 
 Mr. GIBSON demanded the yeas and nays, which were ordered, 
 and the motion to lay on the table rejected. 
 
 Yeas 18 
 
 Nays 52 
 
 Those voting in the affirmative are : 
 
 Messrs. Arledge, Bate, Blizard, Dromgoole, Fentress, Fielder, 
 Garner, Gibbs, Heiskell, Hill of Warren, Hill of Gibson, House of 
 Montgomery, etc., Jones ol Giles, Kennedy, Porter of Hay wood, 
 Shelton, Stephens and Williamson 18.. 
 
 Those voting in the negative are : 
 
 Messrs. Allen, Baxter, Blackburn, Brandon, Branson, Britton, 
 Brooks, Brown of Davidson, Brown of Henry, etc., Burkett, Bur- 
 ton, Byrne, Campbell, Carter, Chowning, Coffin, Cummings, Dead- 
 erick, Dibbrell, Doherty, Finley, Gardner, Gaut, Gibson, Gordon, 
 Henderson, House of Williamson, Ivie, Key, Kirkpatrick, Kyle, 
 Mabry, McDougal, McNabb, Martin, Meeks, Morris, Netherland, 
 ISicholson, Parker, Porter of Henry, Sample, Seay, Shepard, Staley, 
 Taylor, Thompson of Davidson, Thompson of Maury, Turner, 
 Walters, Warner and President Brown 52. 
 
 Mr. GIBSON'S amendment in lieu was rejected. 
 
 The section, as reported by Mr. BROWN, of Henry, was adopted 
 by the Convention. 
 
 Mr. FENTRESS offered the following proviso to be added to Sec- 
 tion 10, Article XI : 
 
 Provided also, That no school established or aided under this 
 ; section, shall allow white and negro children to be received as 
 Scholars together in the same school. 
 
 Which was adopted by the Convention. 
 
 DIRECTORY TO THE CLERK. 
 
 Mr. SEAY introduced the following resolution : 
 
 Resolved, That the Secretary of the Convention be directed to 
 remain after this Convention shall have finally adjourned, and com- 
 plete the Journals by copying the reports of the different commit- 
 
352 
 
 tees, and the Constitution, and other documents, and that the Jour- 
 nals be bound and deposited in the office of the Secretary of State, 
 and that he also be directed to superintend the printing of the 
 Journal of the Convention, and that the Committee on Expendi- 
 tures report what compensation should be allowed him for such ser- 
 vices. 
 
 Which lies over under the rule. 
 
 MISCELLANEOUS. 
 
 On motion of Mr. NETHERLAND leave of absence was granted 
 Mr. Kirkpatrick. 
 
 Mr. STEPHENS moved to reconsider the vote adopting Section 13, 
 Article VI. 
 
 Mr. HEISKELL offered the following resolution : 
 
 Resolved, That the Committee on Revision be authorized to strike 
 out in Section 13, Article VI, after the words "Clerks of" the 
 word " such " and after the words " inferior courts " the words "as 
 may be hereafter established " which shall be '* required to be " 
 and after the word " counties " to insert " or Districts/ 7 
 
 Which was ruled out of order by the Chair. 
 
 Mr. TURNER submitted the following resolution : 
 
 Resolved, That it is the sense of the Ho*?se that the Committee 
 on Revision and Enrollment have the right in preparing the draft 
 of the Constitution to add or change such words as are necessary to 
 produce harmony in the instrument, and to carry out its provisions, 
 and to correet the verbiage and grammar of the same." 
 
 Which was adopted by the Convention. 
 Mr. JONES, of Giles, offered the following : 
 
 Clerks of Circuit and County Courts shall be elected by the qua- 
 lified voters thereof for the term of four years ; they shall be re- 
 moved from oftlce for malfeasance, incompetency or neglect of duty 
 in such manner as may be prescribed by law. 
 
 Which was laid on the table. 
 
 Mr. KIRKPATRICK moved to take up the report of the Commit- 
 tee on New Counties and County Lines, which motion was rejected. 
 
 On motion of Mr. BAXTER the Convention proceeded to the con- 
 sideration of Article VIII, of the Constitution of 1834, which Avas 
 adopted without amendment. 
 
 On motion of Mr. BAXTER Article IX, of the Constitution of 
 1834, was taken up. 
 
% 353 
 
 Mr. CYPERT demanded the yeas and nays on the adoption of 
 the 1st Section, which were ordered and the Section adopted : 
 
 Yeas 41 
 
 Nays 27 
 
 Those voting in the affirmative are : 
 
 Messrs. Allen, Arledge, Bate, Baxter, Blizard, Brandon, Britton, 
 Burkett, Byrne, Campbell, Carter, Chowning, Coffin, Cummings, 
 Deaderick, Fen tress, Fielder, Gardner, Garner, Gaut, Gibbs, Gor- 
 don, Heiskell, Henderson, Hill of Warren, Hill of Gibson, House 
 of Williamson, House Montgomery, etc., Jones of Giles, Kennedy, 
 Kirkpatrick, Kyle, Mabry, McNabb, Martin, Morris, Porter of 
 Hay wood, Shelton, Stephens, Thompson of Maury and ^Yarner 41. 
 
 Those voting in the negative are : 
 
 Messrs. Branson, Brooks, Brown of Davidson, Brown of Henry, 
 etc., Cypert, Dibbrell, Doherty, Dromgoole, Finley, Gibson, Ivie, 
 Key, McDougal, Meeks, Netherland, Nicholson, Parker, Porter of 
 Henry, Sample, Shepard, Staley, Taylor, Thompson of Davidson, 
 Turner, Walters, Williamson and Wright 27. 
 
 Section 2, as it is in the Constitution of 1834, was adopted. 
 Mr. CAMPBELL moved to lay Section 3 on the table. 
 Mr. CYPERT demanded the yeas and nays, which were ordered 
 and the motion to lay on the table rejected. 
 
 Yeas 15 
 
 Nays 53 
 
 Those voting in the affirmative are : 
 
 Messrs. Allen, Baxter, Blizard, Brooks, Campbell, Gibson, Key, 
 Mabry, Porter of Henry, Shelton, Thompson of Davidson, Thomp- 
 son of Maury, Turner, Wright and Mr. President Brown 15. 
 
 Those voting in the negative are : 
 
 Messrs. Arledge, Bate, Brandon, Branson, Britton, Brown of 
 Davidson, Brown of Henry, etc., Burkett, Byrne, Carter, Chown- 
 ing, Coffin, Cummings, Cypert, Deaderick, Dibbrell, Doherty, 
 Dromgoole, Fentress, Fielder, Gardner, Garner, Gaut, Gibbs, 
 Gordon, Heiskell, Henderson, Hill of Warren, Hill of Gibson, 
 House of Williamson, House of Montgomery, etc., Ivie, Jones 
 of Giles, Kennedy, Kirkpatrick, Kyle, McDougal, McNabb, Mar- 
 tin, Meeks, Morris, Netherland, Nicholson, Porter of Hay wood, 
 Sample, Seay, Shepard, Staley, Stephens, Taylor, Walters, Warner 
 and Williamson 53. 
 
 Mr. PORTER, of Henry, moved to amend by inserting the words 
 
 " in this State " after the word "duel" in second line. And by 
 23 
 
354 
 
 inserting " in this State " after the word " duel " in the third line 
 and by inserting after the word " duel " in the fourth line, the 
 words " in this State." 
 
 Pending which the Convention took a recess. 
 
 AFTERNOON SESSION. 
 
 Mr. DROMGOOLE demanded the yeas and nays on the adoption 
 of Mr. Porter's amendment, which were ordered, and the amend- 
 ment rejected : 
 
 Yeas ..................................................................... 16 
 
 Nays ..................................................................... 49 
 
 Those voting in the affirmative are : 
 
 Messrs. Allen, Arledge, Baxter, Burton, Campbell, Dibbrell, 
 Fentress, Gardner, Key, Mabry, Porter of Hay wood, Porter of Hen- 
 ry, Shelton, Thompson of Davidson, Thompson of Maury and 
 
 Those voting in the negative are : 
 
 Messrs. Bate, Blizard, Brandon, Branson, Britton, Brooks, Brown 
 of Davidson, Brown of Henry, etc., Burkett, Byrne, Carter, Coffin, 
 Cummings, Cypert, Deaderick, Doherty, Dromgoole, Fielder, Fin- 
 ley, Garner, Gaut, Gibson, Heiskell, Henderson, Hill of Warren, 
 Hill of Gibson, House of Williamson, House of Montgomery, etc., 
 Ivie, Jones of Giles, Kennedy, Kyle, McDougal, McNabb, Martin, 
 Morris, Netherland, Nicholson, Parker, Sample, Seay, Staley, 
 Stephens, Taylor, Turner, Walters, Warner and Williamson 49. 
 
 Section 3, as it is in the Constitution of 1834, was adopted by the 
 Convention. 
 
 The Convention proceeded to the consideration of Article X, of 
 the Constitution of 1834. 
 
 Sections 1, 2 and 3 were adopted without amendment. 
 
 The 4th Section, relating to new counties, was postponed. 
 
355 
 
 NEW COUNTIES AND COUNTY LINES. 
 
 The Convention took up the report of the Committee on New 
 Counties and County Lines. 
 
 On motion of Mr. HOUSE, of Montgomery, the report was con- 
 sidered by sections or propositions. 
 
 Mr. HILL, of Gibson, moved to amend by striking out " two 
 hundred and fifty " in the second line and inserting " three hund- 
 red." 
 
 Mr. MABRY moved to lay the amendment on the fable. 
 
 Mr. KEY demanded the yeas and nays, which were ordered and 
 the motion to lay on the table rejected : 
 
 Yeas 35 
 
 Nays 36 
 
 Those voting in the affirmative are : 
 
 Messrs. Allen, Blizard, Branson, Britton, Brooks, Burkett, Camp- 
 bell, Carter, Cummings, Cypert, Dibbrell, Doherty, Fielder, Gard- 
 ner, Gaut, Gibbs, Gibson, Henderson, Hill of Warren, House of 
 Williamson, Key, Kirkpatrick, Kyle, Mabry, McNabb, Martin, 
 Nicholson, Sample, Seay, Shepard, Taylor, Thompson of Maury, 
 Turner, Warner and Wright 35. 
 
 Those voting in the negative are : 
 
 Messrs. Arledge, Baxter, Blackburn, Brandon, Brown of David- 
 son, Brown of Henry, etc., Burton, Byrne, Chowning, Coffin, Dead- 
 erick, Dromgoole, Fentress, Finley, Garner, Gordon, Heiskell, Hill 
 of Gibson, House of Montgomery, etc., Jones of Giles, Kennedy, 
 McDougal, Meeks, Morris, Nether land, Parker, Porter of Hay wood, 
 Porter of Henry, Shelton, Staley, Stephens, Thompson of Davidson, 
 Walters, Williamson and President Brown 36. 
 
 Mr. WILLIAMSON moved to amend by striking out " two hund- 
 red and fifty ;? and inserting " three hundred and fifty," and de- 
 manded the question, which was sustained. 
 
 Mr. JONES, of Giles, demanded the yeas and nays on the adop- 
 tion of Mr. Williamson's amendment, which were ordered, and the 
 amendment rejected. 
 
 Yeas 22 
 
 Nays 47 
 
 v Those voting in the affirmative are : 
 
 Messrs. Arledge, Baxter, Blackburn, Deaderick, Dromgoole, Fent- 
 ress, Finley, Garner, Heiskell, House of Davidson, etc., Jones of 
 
356 
 
 Giles, Kennedy, Kyle, McDougal, Morris, Netherland, Parker, 
 Porter of Henry, Shelton, Staley, Stephens, Walters and William- 
 son 22. 
 
 Those voting in the negative are: 
 
 Messrs. Allen, Blizard, Brandon, Britton, Brooks, Brown of 
 Davidson, Brown of Henry, etc., Burkett, Burton, Byrne, Campbell, 
 Carter, Chowning, Coffin, Cummings, Cypert, Dibbrell, Doherty, 
 Fielder, Gardner, Gaut, Gibbs, Gibson, Gordon, Henderson, Hill 
 of Warren, Hill of Gibson, House of Williamson, Ivie, Key, Kirk- 
 patrick, Mabry, McNabb, Martin, Meeks, Nicholson, Porter of Hay- 
 wood, Sample, Seay, Shepard, Taylor, Thompson of Davidson, 
 Thompson of Maury, Turner, Warner and Wright 47. 
 
 Mr. HILL, of Gibson, called " the question " and demanded the 
 yeas and nays on the adoption of his amendment;, which were or- 
 dered, and the amendment rejected. 
 
 Yeas 33 
 
 Nays 38 
 
 Those voting in the affirmative are : 
 
 Messrs. Arledge, Bate, Baxter, Blackburn, Brandon, Brown of 
 Henry, etc., Burton, Byrne, Cummings, Deaderick, Dromgoole, 
 Fentress, Finley, Garner, Gordon, Heiskell, Hill of Gibson, House 
 of Montgomery, etc., Ivie, Jones of Giles, Kennedy, McDougal, 
 Meeks, Morris, Netherland, Paiker, Porter of Hay wood, Porter of 
 Henry, Shelton, Staley, Stephens, Walters and Williamson 33. 
 
 Those voting in the negative are : 
 
 Messrs. Allen, Blizard, Branson, Britton, Brooks, Brown of Da- 
 vidson, Burkett, Campbell, Carter, Chowning, Coffin, Cypert, Dib- 
 brell, Doherty, Fielder, Gardner, Gaut, Gibbs, Gibson, Henderson, 
 Hill of Warren, House of Williamson, Key, Kirkpatrick, Kyle, 
 Mabry, McNabb, Martin, Nicholson, Thompson of Davidson, 
 Thompson of Maury, Turner, Warner and Wright 38. 
 
 Mr. MABRY moved to amend by striking out " fifty " in the second 
 line and inserting " seventy-five," and demanded "the question 7 ' 
 and the yeas and nays on his amendment, which were ordered and 
 the amendment adopted. 
 
 Yeas 41 
 
 Nays... 29 
 
 Those voting in the affirmative are : 
 
 Messrs. Allen, Arledge, Bate, Baxter, Blackburn, Brandon, 
 Brown of Davidson, Brown of Henry, etc., Burton, Byrne, Camp*- 
 bell, Coffin, Cummings, Dromgoole, Fentress, Finley, Garner, 
 Gordon, Heiskell, Hill of Gibson, House ol Williamson, House 
 
357 
 
 of Montgomery, etc., Jones of Giles, Kennedy, Kyle, Mabry, Mc- 
 Dougal, Meeks, Morris, Netherland, Nicholson, Parker, Porter of 
 J lay wood, Porter of Henry, Shelton, Staley, Stephens, Thompson of 
 Davidson, Walters, Williamson and Wright 41. 
 
 Those voting in the negative are : 
 
 Messrs. Blizard, Branson, Britton, Brooks, Burkett, Carter, 
 Chowning, Cypert, Deaderick, Dibbrell, Doherty, Fielder, Gard- 
 ner, Gaut, Gibbs, Gibson, Henderson, Hill of Warren, Key, 
 Kirkpatrick, McNabb, Martin, Sample, Seay, Shepard, Taylor, 
 Thompson of Maury, Turner and Warner 29. 
 
 Mr. FENTRESS proposed to further amend the clause by striking 
 out " four hundred and fifty " and inserting "seven hundred and 
 fifty," which was rejected by the Convention. 
 
 Mr. HILL, of Gibson, moved to amend by striking out "four 
 hundred and fifty and inserting "one thousand," which was re- 
 jected. 
 
 Mr. HILL moved to amend by striking out " four hundred and 
 fifty" and inserting "seven hundred," which was adopted, and the 
 clause as thus amended was adopted by the Convention. 
 
 Mr. MABKY moved to amend the second clause by striking out 
 " twelve " and inserting " ten," and demanded the yeas and nays, 
 which were ordered and the amendment rejected. 
 
 Yeas 30 
 
 Nays 41 
 
 Those voting in the affirmative are : 
 
 Messrs. Allen, Baxter, Blizard, Brandon, Branson, Britton, 
 Brooks, Burkett, Chowning, Cu minings, Cypert, Doherty, Fentress, 
 Fielder, Gardner, Gaut, Gibbs, Gibson, Gordon, Henderson, Hill of 
 Warren, Kirkpatrick, Mabry, Sample, Seay, Shepard, Thompson 
 of Maury, Turner, Warner and Wright 30. 
 
 Those voting in the negative are : 
 
 Messrs. Arledge, Bate, Brown of Davidson, Brown of Henry, 
 etc., Burton, Byrne, Campbell, Carter, Coffin, Deaderick, Dibbrell, 
 Dromgoole, Finley, Garner, Heiskeil, Hill of Gibson, House of 
 Williamson, House of Montgomery, etc., Ivie, Jones of Giles, Ken- 
 nedy, Key, Kyle, McDougal, McNabb, Martin, Meeks, Morris, 
 Netherland, Nicholson, Parker, Porter of Haywood, Porter of 
 Henry, Shelton, Staley, Stephens, Taylor, Thompson of Davidson, 
 Walters, Williamson and President Brown 41. 
 
 Mr. SEAY moved to amend by striking out " twelve " and insert- 
 ing " nine," which was rejected. 
 
358 
 
 Mr. MABRY moved to amend by striking out " twelve and in- 
 serting " eleven." 
 
 Mr. KEY demanded the yeas and nays, which were ordered and 
 the amendment adopted. 
 
 Yeas 38 
 
 Kays 33 
 
 Those voting in the affirmative are : 
 
 Messrs. Allen, Baxter, Blizard, Brandon, Branson, Britton, 
 Brooks, Burkett, Carter, Chowning, Cummings, Cypert, Doherty, 
 Fentress, Fielder, Gardner, Gaut, Gibbs, Gibson, Gordon, Hender- 
 son, Hill of Warren, Hill of Gibson, Kennedy, Key, Kirkpatrick, 
 Mabry, McDougal, Meeks, Nicholson, Sample, Seay, Shepard, 
 Thompson of Davidson, Thompson of Maury, Turner, Walters and 
 Warner 38. 
 
 Those voting in the negative are : 
 
 Messrs. Arledge, Bate, Blackburn, Brown of Davidson, Brown 
 of Henry, etc., Burton, Byrne, Campbell, Coffin, Deaderick, Dib- 
 brell, Dromgoole, Finley, Garner, Heiskell, House of Williamson, 
 House of Montgomery, etc., Ivie, Jones of Giles, Kyle, McNabb r 
 Martin, Morris, Netherland, Parker, Porter of Hay wood, Porter of 
 Henry, Shelton, Staley, tephens, Taylor, Williamson and Presi- 
 dent Brown 33. 
 
 The clause as thus amended was adopted by the Convention. 
 
 Mr. FENTRESS proposed to amend the third clause by adding 
 after the words " taken off" at the end of the clause, " and a ma- 
 jority of the voters of the county from which such part is proposed 
 to be taken," and demanded the yeas and nays, which were ordered 
 and the amendment rejected. 
 
 Yeas 28 
 
 Nays 42 
 
 Those voting in the affirmative are : 
 
 Messrs. Arledge, Blackburn, Brown of Davidson, Campbell, 
 Cummings, Deaderick, Dromgoole, Fentress, Finley, Garner, 
 Heiskell, House of Williamson, House of Montgomery, etc., Ivie, 
 Jones of Giles, Kennedy, McDougal, Morris, Netherland, Porter 
 of Henry, Shepard, Shelton, Staley, Stephens, Turner, Walters, 
 Williamson and Wright 28. 
 
 Those voting in the negative are : 
 
 Messrs. Allen, Baxter,Blizard, Brandon, Branson, Britton, Brooks, 
 Brown of Henry, etc., Burkett, Burton, Byrne, Carter, Chowning, 
 Coffin, Cypert, Dibbrell, Doherty, Fielder, Gardner, Gaut, Gibbs, 
 Gibson, Gordon, Henderson, Hill of Warren, Hill of Gibson, Key, 
 
359 
 
 .Kirkpatrick, Kyle, Mabry, McNabb, Martin, Meeks, Nicholson, 
 Parker, Porter of Haywood, Sample, Seay, Taylor, Thompson of 
 Davidson, Thompson of Maury, and Warner 42. 
 
 Mr. GIBSON, moved to amend by striking out the words " a ma- 
 jority " in the sixth line, and inserting " two-thirds." 
 
 Mr, SEAY moved to lay the amendment on the table, which 
 motion was rejected. 
 
 Mr. SEAY demanded the yeas and nays on the adoption of the 
 amendment, which were ordered, and the amendment adopted. 
 
 Yeas 38 
 
 Kays 32 
 
 Those voting in the affirmative are : 
 
 Messrs. Arledge, Blackburn, Brandon, Branson, Brown of David- 
 son, Byrne, Campbell, Carter, Coffin, Deaderick, Drbmgoole, Fen- 
 tress, Finley, Gardner, Garner, Gibson, Gordon, Heiskell, Hill of 
 Warren, Hill of Gibson, House of Williamson, House of Mont- 
 gomery, etc., Ivie, Jones of Giles, Kennedy, McNabb, Morris, 
 Nicholson, Parker, Porter of Haywood, Porter of Henry, Shep- 
 ard, Shelton, Staley, Stephens, Williamson, Wright and President 
 Brown 38. 
 
 Those voting in the negative are : 
 
 Messrs. Allen, Baxter, Blizard, Britton, Brooks, Brown of Henry, 
 etc., Burton, Burkett, Chowning, Cummings, Cypert, Dibbrell, 
 Doherty, Fielder, Gaut, Gibbs, Henderson, Key, Kyle, Mabry, Mc- 
 Dougal, Martin, Meeks, Netherland, Sample, Seay, Taylor, Thomp- 
 son of Davidson, Thompson of Maury, Turner, Walters and War- 
 ner 32. 
 
 The clause as thus amended was adopted by the Convention. 
 
 On motion of Mr. MABRY, the Convention, adjourned until to- 
 morrow morning at 9 o'clock. 
 
 SATURDAY MORNING, FEBRUARY 19, 1870, 
 
 The Convention met pursuant to adjournment, Mr. President 
 BROWN in the Chair. 
 
 Prayer by the Rev. Mr. SAMPLE, a member of the Convention. 
 The Journal of yesterday was read ancbapproved. 
 
360 
 
 MEMORIALS AND PETITIONS. 
 
 Mr. STEPHENS presented a memorial from the Board of Trade of 
 Memphis, praying a reconsideration of the action of the Conven- 
 tion on the subject of merchants' tax,, which was read and laid on 
 the table. 
 
 Mr. KENNEDY presented a protest from the Board of Trade of 
 Clarksville against the passage of the section in relation to mer- 
 chants' tax, and respectfully asking for a reconsideration of the 
 same, which was read and laid on the table. 
 
 Mr. GIBBS presented a memorial from citizens of Obion County 
 praying the formation of a new county out of territory west of Reel 
 Foot Lake, which was read and laid on the table. 
 
 MISCELLANEOUS. 
 
 Mr. WARNER offered the following as an independent section to 
 the Report of the Committee on Miscellaneous Provisions : 
 
 " That no white man shall be tried for life or liberty or property 
 except by a jury of white men, and that the Legislature may regu- 
 late the trial by jury in accordance with this section and other sec- 
 tions embraced in this Constitution." 
 
 Mr. BRITTON offered the following resolution : 
 
 Resolved, That a Committee of five be appointed by the Chair , 
 whose duty it shall be to prepare an address to the people of Ten- 
 nessee, setting ; forth briefly the reasons for the action of the Con- 
 vention on the changes made in the Constitution of 1834, the same 
 to be printed and circulated contemporaneously w r ith submitting the 
 Constitution for the ratifying approval of the qualified voters of 
 the State. 
 
 Mr. BRITTON moved to suspend .-the rules and take up the reso- 
 lution. 
 
 On motion of Mr. BURTON, the motion to suspend the rules was 
 laid on the table, and the resolution lies over one day .under the 
 rule. 
 
 Mr. DIBBRELL offered the following resolution : 
 
 Resolved, That it is the sense of this Convention that Clerks of 
 the Supreme Court, and Clerks and Masters of the Chancery Court 
 shall be elected by the.people. 
 
361 
 
 Mr. DIBBRELL moved to suspend the rules and take up the reso- 
 lution. 
 
 Mr. CYPERT demanded the yeas and nays, which were ordered, 
 and the motion to suspend the rules adopted. 
 
 Yeas 41 
 
 Nays 30 
 
 Those voting in the affirmative are : 
 
 Messrs. Arledge, Blackburn, Blizard, Brandon, Branson, Britton, 
 Brooks, Burkett, Byrne, Chowning, Coffin, Cummings, Cypert, 
 Deavenport, Dibbrell, Doherty, Dromgoole, Fentress, Fielder, Fin- 
 ley, Gibbs, Gibson, Heiskell, Henderson, Hill of Warren, Hill of 
 Gibson, Ivie, Mabry, McDougal, McNabb, Martin, Morris, Parker, 
 Sample, Seay, Shepard, Stephens, Taylor, Walters, Warner and 
 Williamson 41. 
 
 Those voting in the negative are : 
 
 Messrs. Allen, Bate, Baxter, Brown of Henry, etc., Burton, Car- 
 ter,, Deaderiek, Gardner, Garner, Gaut, Heiskell, House of Wil- 
 liamson, House of Montgomery, etc., Jones of Giles, Kennedy, 
 Key, Kirkpatrick, Kyle, Meeks, Netherland, Nicholson, Porter of 
 Haywood, Porter of Henry, Shelton, Staley, Thompson of Maury, 
 Thompson of Davidson, Turner, Wright and President Brown 
 30. 
 
 Mr. President BROWN, Mr. NICHOLSON in the Chair, objected to 
 the consideration of the resolution, as the subject matter had been 
 disposed of by the Convention. 
 
 The Chair decided the objection well taken, and ruled the reso- 
 lution out of order. 
 
 Mr. DIBBRELL appealed from the decision of the Chair, and de- 
 manded the yeas and nays, which were ordered, and the decision of 
 the Chair sustained. 
 
 Yeas 45 
 
 Nays 24 
 
 Those voting in the affirmative are : 
 
 Messrs, Allen, Bate, Baxter, Blizard, Brandon, Branson, Britton, 
 Brown of Davidson, Brown of Henry, etc., Burton, Carter, Coffin, 
 Deaderick, Doherty, Fentress, Fielder, Gardner, Garner, Gaut, Gor- 
 don, Heiskell, Henderson, Hill of Gibson, House of Williamson, 
 son, House of Montgomery, Jones of Giles, Kennedy, Key, Kirkpat- 
 rirk, Kyle, McNabb, Meeks, Netberland, Nicholson, Porter of Hay- 
 wood, Porter of Henry, Shepard, Shelton, Staley, Thompson of David- 
 
362 
 
 son, Thompson of Maury, Turner, Williamson, Wright and Presi- 
 dent Brown 45. 
 
 Those voting in the negative are : 
 
 Messrs. Arledge, Brooks, Burkett, Byrne, Chowning, Cummings, 
 Cypert, Deavenport, Dibbrell, Dromgoole, Finley, Gibbs, Gibson, 
 Hill of Warren, Ivie, Mabry, McDougal, Martin, Parker, Sample, 
 Stephens, Taylor, Walters and Warner 24. 
 
 Mr. TAYLOR offered the following resolution : 
 
 Resolved, That the rule requiring a motion, to reconsider to be 
 made within two days after the passage of a resolution, be sus- 
 pended for the purpose of reconsidering the action of the Conven- 
 tion on the appointment of Clerks and Masters and Clerks of the 
 Supreme Court. 
 
 Mr. TAYLOR moved to suspend the rules and take up the reso- 
 lution. 
 
 Mr. BROWN, of Davidson, moved to lay the motion to suspend 
 the rules on the table. 
 
 Mr. TAYLOR demanded the yeas and nays, which were ordered 
 and the motion to lay on the table rejected : 
 
 Yeas ...34 
 
 Nays 37 
 
 Those voting in the affirmative are : 
 
 Messrs. Allen, Bate, Baxter, Branson, Brown of Davidson, Brown 
 of Henry, etc., Carter, Deaderick, Doherty, Gardner, Garner, Gaut, 
 Gordon, Heiskell, Henderson, House of Williamson, House of 
 Montgomery, etc., Jones of Giles, Kennedy, Key, Kirkpatrick, 
 Kyle, Meeks, Netherland, Nicholson, Porter of Hay wood, Porter of 
 Henry, Shepard, Shelton, Thompson of Davidson, Turner, William- 
 son, Wright and President Brown 34. 
 
 Those voting in the negative are : 
 
 Messrs. Arledge, Blackburn, Blizard, Brandon, Britton, Brooks, 
 Burkett, Burton, Byrne, Chowning, Coffin, Cummings, Cypert, 
 Deavenport, Dibbrell, Dromgoole, Fentress, Fielder, Finley, Gibbs, 
 Gibson, Hill of Warren, Hilt of Gibson, Ivie, Mabry, McDougal, 
 McNabb, Martin, Parker, Sample, Seay, Staley, Stephens, Taylor, 
 Thompson, of Maury, Walters and Warner 37. 
 
 Mr. HEISKELL demanded the yeas and days on the motion to 
 suspend the rules, which were ordered, and the motion to suspend 
 the rules adopted: 
 
 Yeas 39 
 
 Nays 31 
 
 Those voting in the affirmative are : 
 
 Messrs. Arledge, Blackburn, Blizard, Brandon, Branson, Britton, 
 
363 
 
 $rooks, Burkett, Burton, Byrne, Chowning, Coffin, Cummings, 
 Cypert, Deavenport, Dibbrell, Dromgoole, Fielder, Finley, Gibbs, 
 Gibson, Hill of Warren, Hill of Gibson, Ivie, Mabry, McDougal, 
 McNabb, Martin, Parker, Porter of Hay wood, Sample, Seay, Steph- 
 ens, Taylor, Walters Warner andWilliamson 39. 
 
 Those voting in the negative are : < 
 
 Messrs. Bate, Baxter, Brown of Davidson, Brown of Henry, etc:, 
 Carter, Deaderick, Doherty, Fentress, Garner, Gaut, Gordon, Heis- 
 kell, Henderson, House of Williamson, House of Montgomery, etc., 
 Jones of Giles, Kennedy, Key, Kirkpatrick, Kyle, Meeks, Nether- 
 land, Nicholson, Porter of Henry, Shepard. Shelton, Thompson of 
 Davidson, Thompson of Maury, Turner, Wright and President 
 Brown 31. 
 
 Mr. WILLIAMSON demanded a division of the question which 
 was ordered, and a vote taken on that portion of the resolution in 
 relation to Clerks and Masters. 
 
 Mr. CYPERT demanded the yeas and nays, which were ordered, 
 and resulted as follows : 
 
 Yeas 38 
 
 Nays 34 
 
 Those voting in the affirmative are : 
 
 Messrs. Arledge, Blackburn, Blizard, Branson, Britton, Brooks, 
 Burkett, Burton, Byrne, Chowning, Coffin, Cummings, Cypert, 
 Deavenport, Dibbrell, Dromgoole, Fentress, Fielder, Finley, Gibbs, 
 Gibson, Hill of Warren, Hill of Gibson, Ivie, Mabry, McDougal, 
 McNabb, Martin, Morris, Parker, Sample, Seay, Staley, Stephens, 
 Taylor, Walters, Warner, and Williamson 38. 
 
 Those voting in the negative are : 
 
 Messrs. Allen, Bate, Baxter, Brandon, Brown of Davidson, Brown 
 of Henry, etc,, Gordon, Heiskell, Henderson, House of Williamson, 
 House of Davidson, etc., Jones of Giles, Kennedy, Key, Kirkpat- 
 rick, Kyle, Meeks, Netherland, Nicholson, Porter of Haywood, 
 Porter of Henry, Shepard, Shelton, Thompson of Davidson, Thomp- 
 son of Maury, Turner, Wright and President Brown 34. 
 
 The proposition not having received a two-thirds vote was de- 
 clared by the Chair rejected. 
 
 Mr. CYPERT appealed from the decision of the Chair, and de- 
 manded the yeas and nays, which were ordered and the decision of 
 the Chair sustained : 
 
 Yeas 41 
 
 Nays 29 
 
 Those voting in the affirmative are : 
 
 .Messrs. Allen, Bate, Baxter, Blizard, Brandon, Branson, Brown 
 
364 
 
 of Davidson, Brown of Henry, etc., Carter, Coffin, Deaderick, Do- 
 herty, Fentress, Fielder, Gardner, Garner, Gaut, Gordon, Heiskell, 
 Henderson, House of Williamson, House of Montgomery, etc., 
 Jones of Giles, Kennedy, Key, Kirkpatrick, Kyle, Meeks, Morris, 
 Netherland, Nicholson, Porter of Hay wood, Porter of Henry, Seay, 
 Shepard, Shelton, Thompson of Davidson, Turner, Walters, Wright 
 and President Brown 41. 
 
 Those voting in the negative are : 
 
 Messrs. Arledge, Blackburn, Britton, Brooks, Burkett, Burton, 
 Byrne, Chowning, Cummings, Cypert, Deavenport, Dibbrell, Drom- 
 goole, Finley, Gibbs, Gibson, Hill of Warren, Hill of Gibson, Ivie, 
 Mabry, McDougal, McNabb, Martin, Parker, Sample, Staley, 
 Thompson of Maury, Warner and Williamson 29. 
 
 ISSUANCE OF STATE BONDS. 
 
 On motion of Mr. BAXTER the motion of Mr. Porter, of Hay- 
 wood, to reconsider the vote rejecting the amendment proposed by 
 the Committee on Finance, in relation to the terms on which State 
 bonds shall be issued was taken up. 
 
 Mr. DIBBRELL moved to lay the motion to reconsider on the table. 
 Mr. TAYLOR demanded the yeas and nays, which were ordered, 
 and the motion to lay on the table rejected. 
 
 Yeas 27 
 
 Nays 44 
 
 Those voting in the affirmative are : 
 
 Messrs Allen, Britton, Byrne, Carter, Chowning, Cummings, Cy- 
 pert, Deaderick, Dibbrell, Gardner, Gibbs, Gibson, Gordon, Heis- 
 kell, Key, Kirkpatrick, Kyle, Mabry, McNabb, Netherland, Nichol- 
 son, Parker, Seay, Shepard, Taylor and Williamson 27. 
 
 Those voting in the negative are : 
 
 Messrs. Arledge, Bate, Baxter, Blackburn, Blizard, Brandon, 
 Branson, Brown of Davidson, Brown of Henry, etc., Burkett, Bur- 
 ton, Coffin, Deavenport, Doherty, Dromgoole, Fentress, Fielder, 
 Finley, Garner, Gaut, Henderson, Hill of Warren, Hill of Gibson, 
 House of Williamson, House of Montgomery, etc., Ivie, Jones of 
 Giles, Kennedy, McDougal, Martin, Meeks, Morris, Porter of Hay- 
 wood, Porter of Henry, Sample, Shelton, Staley, Stephens, Thomp- 
 son of Davidson, Thompson of Maury, Turner, Walters, Warner, 
 Wright and President Brown 44. 
 
 The motion to reconsider was then adopted. 
 
 Mr. GIBSON oifered the following amendment : 
 
 Strike out all after the word " it " in the third lire, so that the 
 
365 
 
 amendment will read : " No bouds^of the State shall be issued to 
 any railroad company which, at the time of its application for the 
 same, shall be in default in paying the interest upon the State bonds 
 previously loaned to it." 
 
 Which was rejected. 
 
 Mr. FP;NTRESS offered the following amendment : 
 
 Provided, That this clause shall not affect the obligation of any 
 contract heretofore entered into by the State. 
 
 Mr. WILLIAMSON demanded the yeas and nays on the adoption 
 tion of the amendment, which were ordered, and the amendment 
 rejected. 
 
 Yeas 33 
 
 Nays 37 
 
 Those voting in the affirmative are : 
 
 Messrs. A.llen, Branson, Brooks, Brown of Davidson, Byrne, 
 Carter, Chowning, Coffin, Cypert, Dibbrell, Fentress, Finley, Gard- 
 ner, Gibbs, Gibson, Gordon, Heiskell, Hill of Warren, Ivie, Key, 
 Kyle, Mabry, Martin, Netherland, Nicholson, Parker, Seay, Shepard, 
 Thompson of Davidson, Thompson of Maury, Warner, Williamson 
 and Wright 33. 
 
 Those voting in the negative are : 
 
 Messrs. Arledge, Bate, Baxter, Blackburn, Blizard, Brandon, 
 Britton, Brown of Henry, etc., Burkett, Burton, Cummings, Dead- 
 erick, Deavenport, Doherty, Dromgoole, Fielder, Garner, Gaut, 
 Henderson, Hill of Gibson, House of Williamson, House of Mont- 
 gomery, etc., Jones of Giles, Kennedy, Kirkpatrick, McDougal, 
 McNabb, Meeks, Morris, Porter of Haywood, Porter of Henry, 
 Sample, Shelton, Staley, Stephens, Turner and Walters 37. 
 
 Mr. DIBBRELL demanded the yeas and nays on the adoption of 
 the amendment reported by the Committee on Finance, which were 
 ordered, and the amendment adopted. 
 
 Yeas 52 
 
 Nays 20 
 
 Those voting in the affirmative are : 
 
 Messrs. Arledge, Bate, Baxter, Blackburn, Blizard, Brandon, 
 Branson, Brown of Davidson, Brown of Henry, etc., Burkett, Bur- 
 ton, Carter, Chowning, Cummings, Deaderick, Deavenport, Doherty, 
 Dromgoole, Fielder, Finley, Gardner, Garner, Gaut, Gordon, 
 Heiskell, Henderson, Hill of Warren, Hill of Gibson, House of 
 AVilliamson, House of Montgomery, etc., Ivie, Jones of Giles, Ken- 
 nedy, McDougal, Martin, Meeks, Morris, Netherland, Parker, Por- 
 ter of Haywood, Porter of Henry, Sample, Shelton, Staley, Stephens, 
 
366 
 
 Thompson of Davidson, Thompson of Maury, Turner, Walters, 
 Warner, Wright and President Brown 52. 
 
 Those voting in the negative are : 
 
 * Messrs. Allen, Britton, Brooks, Byrne, Coffin, Cypert, Dibbrell, 
 Fentress, Gibbs, Gibson, Key, Kirkpatrick, Kyle, Mabry, McNabb, 
 Nicholson, Seay, Shepard, Taylor, and Williamson 20. 
 
 Ordered that the section be referred to the Committee on Ke- 
 vision. 
 
 PAYMENT OF THE STATE DEBT. 
 
 Mr. DROMGOOLE called up his resolution, offered on yesterday, in 
 relation to the payment of the State debt. 
 
 Mr. PORTER, of Hay wood, moved to lay the resolution on the 
 table. 
 
 Mr. GARNER demanded the yeas and nays, which were ordered, 
 and the motion to lay on the table sustained. 
 
 Yeas 41 
 
 Nays 27 
 
 Those voting in the affirmative are : 
 
 Messrs. Bate, Baxter, Blizard, Brandon, Branson, Britton, Bur- 
 kett, Carter, Chowning, Cypert, Deaderick, Deavenport, Dibbrell, 
 Finley, Gardner, Gaut, Gibbs, Gibson, Gordon, Heiskell, Henderson, 
 Hill of Warren, Hill of Gibson, House of Williamson, Key, Kirkpat- 
 rick, Kyle, Mabry, McDougal, McNabb, Meeks, Morris, Nicholson, 
 Parker, Porter of Haywood, Sample, Shepard, Stephens, Taylor, 
 Thompson of Davidson, and Thompson of Maury 41. 
 
 Those voting in the negative are : 
 
 Messrs. Allen, Arledge, Brooks, Brown of Davidson, Burton, 
 Byrne, Coffin, Cummmgs, Doherty, Dromgoole) Fentress, Fielder, 
 Garner, Ivie, Jones of Giles, Kennedy, Martin, Netherland, Porter 
 of Henry, Seay, Staley, Turner, Walters, Warner, Williamson, 
 Wright and President Brown 27. 
 
 PUBLICATION OF NEW CONSTITUTION. 
 
 Mr. WILLIAMSON offered the following resolution : 
 Resolved, That for the information of the people an official copy 
 of the amended Constitution, adopted by this Convention, be pub- 
 lished in the two papers of largest circulation in the cities of Knox- 
 ville, Nashville and Memphis, and in one newspaper of largest cir- 
 culation in each other county in which a neAvspaper is now pub- 
 lished ; and that 30,000 copies of the said amended Constitution be 
 
367 
 
 printed by the Public Printers for general distribution ; and that 
 the newspapers publishing an official copy of the amenued Consti- 
 tution be paid fifty dollars each. 
 
 Which lies over under the rule. 
 
 ADJOURNMENT SINE DIE. 
 
 Mr. JONES, of Giles, offered the following resolution : 
 Resolved , That the Convention will adjourn sine die on Tuesday 
 next, at 12 o'clock at noon. 
 
 Which lies over under the rules. 
 
 REPORT OF THE JUDICIARY COMMITTEE. 
 
 Mr. HEISKELL, from the Committee on the Jndiciary, reported 
 the following in lieu of the amendment proposed by Mr. Warner : 
 
 "No Convention or General Assembly of this State shall act 
 upon any amendment of the Constitution of the United States pro- 
 posed by Congress to the several States, unless such Convention or 
 General Assembly shall have been elected after such amendment is 
 submitted. 
 
 Mr. GIBSON demanded the yeas and nays on the adoption of the 
 amendment proposed by the Committee, which were ordered, and 
 the amendment adopted. 
 
 Yeas 62 
 
 Nays 7 
 
 Those voting in the affirmative are: 
 
 Messrs. Allen, Arledge, Bate, Baxter, Blizard, Brandon, Britton, 
 Brown of Davidson, Brown of Henry, etc , Burkett, Burton, Byrne, 
 Carter, Chowning, Coffin, Cummings, Cypert, Deaderick, Deaven- 
 port, Dibbrell, Doherty, Dromgoole, Fentress, Fielder, Gardner, 
 Garner, Gaut, Gibbs, Gordon, Heiskell, Henderson, Hill of War- 
 ren, Hill of Gibson, House of Williamson, House of Montgomery, 
 etc., Ivie, Jones of Giles, Kennedy, Kirkpatrick, Kyle, Mabry, 
 McDougal, McNabb, Martin, Meeks, Morris, Nicholson, Porter of 
 Haywood, Porter of Henry, Sample, Seay, Shepard, Stephens, Tay- 
 lor, Thompson of Davidson, Thompson of Maury, Turner, Walters, 
 Warner, AVilliamson, Wright and President Brown 62. 
 
 Those voting in the negative are : 
 
 Messrs. Branson, Brooks, Finley, Gibson, Key, Parker, and 
 Staley 7. 
 
 On motion of Mr. HEISKELL, the amendment was referred to 
 the Committee on Revision. 
 
368 
 
 REPRESENTATION. 
 
 Mr. SEAY called up the proposition submitted by him on yester- 
 day, viz : 
 
 " No county, which has a representative at the date of the ratifi- 
 cation of this Constitution, shall ever be deprived thereof under any 
 apportionment made hereafter under the provisions of this Consti- 
 tution;" 
 
 And demanded the yeas and nays on its adoption, which were 
 ordered, and the amendment rejected. 
 
 Yeas 19 
 
 Nays 48 
 
 Those voting in the affirmative are : 
 
 Messrs. Branson, Brooks, Byrne, Cummings, Cypert, Deavenport, 
 Dibbrell, Finley, Gibson, McDougal, McNabb, Meeks, Morris, 
 Netherland, Parker, Sample, Seay, Staley and Taylor 19. 
 
 Those voting in the negative are : 
 
 Messrs. Allen, Arledge, Bate, Baxter, Blizard, Branson, Britton, 
 Brown of Davidson, Brown of Henry, etc., Burkett, Burton, Car- 
 ter, Chowning, Coffin, Deaderick, Doherty, Dromgoole, Fentress, 
 Fielder, Gardner, Garner, Gaut, Gibbs, Gordon, Heiskell, Hender- 
 son, Hill of Warren, Hill of Gibson, House of Williamson, House 
 of Montgomery, etc., Ivie, Jones of Giles, Kennedy, Key, Kirk- 
 patrick, Mabry, Nicholson, Porter of Haywood, Porter of Henry, 
 Turner, Walters, Warner, Williamson and Wright 48. 
 
 REVISION. 
 
 Mr. STEPHENS, from the Committee on Revision, made the fol- 
 lowing leport : 
 
 I beg leave to report that in revising Section 13, of Article 6, I 
 have caused it to read as follows : 
 
 "Sec. 13. Judges of the Supreme Court shall appoint their 
 Clerks, who shall hold their offices for the term of six years. Clerks 
 of inferior courts, holden in the counties or districts, shall be elected 
 by the qualified voters thereof for the term of four years. Any 
 clerk may be removed from office for malfeasance, incompetency, 
 or neglect of duty, in such manner as may be prescribed by law. 
 
 Mr. Ivie raised the point of order, that the Committee had tran- 
 scended their powers in making the alterations reported by them. 
 The Chair decided the point of order not well taken. 
 Mr. HEISKELL demanded the yeas and nays on receiving the re- 
 
369 
 
 port of the Committee, which were ordered, and the report re- 
 coived. 
 
 Yeas 46 
 
 Nays 16 
 
 Those voting in the affirmative are : 
 
 Messrs. Allen, Bate, Baxter, Blizard, Brandon, Branson, Brown 
 of Davidson, Brown of Henry, etc., Burton, Byrne, Carter, Chown- 
 ing, Coffin, Deaderiek, Doherty, Fielder, Finley, Gardner, Garner, 
 Gaut, Gibbs, Gordon, Heiskell, Henderson, Hill of Gibson, House 
 of Williamson, House of Montgomery, etc., Jones of Giles, Kennedy, 
 Key, Kirkpatrick, Kyle, Nicholson, Porter of Hay wood, Porter of 
 Henry, Seay, Shepard, Shelton, Staley, Stephens, Thompson of 
 Davidson, Thompson of Maury, Turner, Williamson, Wright and 
 President Brown 46. 
 
 Those voting in the negative are : 
 
 Messrs. Arledge, Britton, Brooks, Burkett, Dibbrell, Gibson, 
 Hill of Warren, Ivie, Mabry, McNabb, Martin, Parker, Sample, 
 Taylor, and Warner 16. 
 
 MERCHANTS' TAX. 
 
 Mr. STEPHENS introduced the following as an independent sec- 
 tion : 
 
 " The portion of a merchant's capital used in the purchase of 
 merchandise sold by him to merchants and sent beyond this State, 
 shall not be taxed at a rate higher than the ad valorem tax on 
 property." 
 
 On motion of Mr. STEPHENS, the rules were suspended and the 
 section taken up. 
 
 Mr. GARNER demanded the yeas and nays on the adoption of the 
 section, which were ordered, and the section adopted. 
 
 Yeas 42 
 
 Nays 24 
 
 Those voting in the affirmative are : 
 
 Messrs. Bate, Baxter, Blizard, Brown of Davidson, Brown of 
 Henry, etc., Burton, Byrne, Carter ; Coffin, Cypert, Deaderiek, 
 Deavenport, Dibbrell, Doherty, Dromgoole, Gardner, Gaut, Gibbs, 
 Gordon, Heiskell, Henderson, Hill of Gibson, House of William- 
 son, House of Montgomery, etc., Jones of Giles, Kennedy, Key, 
 Kirkpatrick, Mabry, McNabb, Nicholson, Porter of Haywood, 
 Porter of Henry, Seay, Shepard, Shelton, Stephens, Taylor, Thomp- 
 son of Davidson, Turner, Williamson and Wright 42. 
 
 Those voting in the negative are : 
 
 Messrs. Allen, Brandon, Branson, Britton. Brooks ; Burkett, 
 24 
 
370 
 
 Chowning, Fentress, Fielder, Finley, Garner, Gibson, Hill of War- 
 ren, Ivie, Kyle, Martin, Meeks, Morris, Netherland, Parker, Sample, 
 Staley, Thompson of Maury and Warner 24. 
 
 Ordered, that the section be referred to the Committee on Re- 
 vision. 
 
 Mr. HOUSE, of Williamson, offered the following as an addi- 
 tional section : 
 
 " Nor shall that portion of a merchant's capital used in the pur- 
 chase of merchandise, sold by him to resident citizens of the State, 
 be taxed at more than double the rate of the ad valorem tax on 
 property. 
 
 Mr. HOUSE moved to suspend the rules and take up the section, 
 which was rejected, and it lies over under the rule. 
 
 NEW COUNTIES AND COUNTY LINES. 
 
 The Convention proceeded to the consideration of the unfinished 
 business of yesterday, the report of the Committee on New Coun- 
 ties and County Lines. 
 
 The first part of Clause 4, Section 1, was adopted without amend- 
 ment. 
 
 Mr. SEAY proposed to amend, by striking out in tenth line, the 
 words " six hundred and twenty-five" and inserting " four hun- 
 dred," which was rejected. 
 
 Mr. ARLEDGE moved to amend by striking out " and twenty- 
 five " in the tenth line. 
 
 On motion of Mr. BURKETT, the amendment was laid on the 
 table. 
 
 Yeas 46 
 
 Nays 24 
 
 Those voting in the affirmative are : 
 
 Messrs. Allen, Bate, Baxter, Blizard, Branson, Britton, Brooks, 
 Brown of Henry, etc., Bnrkett, Carter, Chowning, Coffin, Cum- 
 mings, Cypert, Deavenport, Dibbrell, Doherty, Fielder, Gardner, 
 Gaut, Gibbs, Gibson, Gordon, Heiskell, Henderson, Hill of Warren, 
 Hill of Gibson, House of Williamson, Ivie, Key, Kirkpatrick, 
 Mabry, Martin, Meeks, Netherland, Parker, Porter of Henry, 
 Sample, Seay, Shepard, Stephens, Thompson of Maury, Turner, 
 Walters, Warner and Williamson 46. 
 
 Those voting in the negative are : 
 < Messrs. Arledge, Brandon, Brown of Davidson, Burton, Byrne, 
 
371 
 
 JVaderick, Dromgoolc, Fentress, Finley, Garner, House of Mont- 
 gomery, etc., Jones of Giles, Kennedy, Kyle, McDougal, McNabb, 
 Morris, Nicholson, Porter of Haywood, Shelton, Staley, Taj lor, 
 Thompson of Davidson and Wright 24. 
 
 Mr. HILL, of Gibson, moved to strike out " six hundred and 
 twenty-five," and insert ".five hundred and fifty." 
 
 Mr. SEAY moved to lay the amendment on the table. 
 
 Mr. GARNER demanded the yeas and nays, which were ordered, 
 and the motion to lay on the table sustained. 
 
 Yeas 35 
 
 Nays 33 
 
 Those voting in the affirmative are : 
 
 Messrs. Allen, Baxter, Blizard, Branson, Britton, Brooks, 
 Brown of Davidson, Burkett, Burton, Carter, Chowning, Cum- 
 in ings, Deaderick, Deavenport, Dibbrell, Doherty, Fielder, Gardner, 
 Gaut, Gibbs, Gibson, Gordon, Henderson, Hill of Warren, Ivie, 
 Key, Kirkpatrick, Kyle, Mabry, Martin, Parker, Seay, Shepard, 
 Thompson of Davidson and Warner 35. 
 
 T*nose voting in the negative are : 
 
 Messrs. Arledge, Bate, Brandon, Brown of Henry, Byrne, Coffin, 
 Cypert, Dromgoole, Fentress, Finley, Garner, Hill of Gibson, 
 House of Williamson, House of Montgomery, etc., Jones of Giles, 
 Kennedy, McDougal, McNabb, Meeks, Morris, Netherland, Nichol- 
 son, Porter of Haywood, Porter of Henry, Sample, Shelton, Staley, 
 Stephens, Taylor, Thompson of Maury, Turner, Walters, William- 
 son and Wright 33. 
 
 Mr. FIELDER proposed to amend by striking out " six hundred 
 and twenty-five," and inserting " five hundred," which was adopted, 
 and the clause, as thus amended, was adopted by the Convention. 
 
 Mr. HOUSE, of Montgomery, etc., offered the following as an in- 
 dependent section : 
 
 " Whenever any county may have taken stock in a railroad 
 or other corporation, and a fraction of said county shall be taken to 
 form a new county, or shall be added to another county by change 
 of county lines, the inhabitants or property holders within said 
 fractions shall continue liable to the payment of their relative pro- 
 portions of all taxes necessary to pay the interest on any bonds 
 that may have been issued in aid of any subscription of stock, and 
 to pay said bonds until the same are fully paid." 
 
 Mr. GARDNER offered the following as an amendment to the sec- 
 tion proposed by Mr. House : 
 
372 
 
 "And the General Assembly shall have power, by appropriate 
 legislation, to enforce the provisions of this section." 
 
 Which was accepted by Mr. HOUSE. 
 
 Mr. MABRY proposed to amend the section as follows : 
 
 " Provided, The railroad for which the liability was incurred 
 passes through any part of the territory taken off to form a new 
 county, or within three miles of the same." 
 
 Mr. HOUSE, of Montgomery, moved to lay the amendment of 
 Mr. Mabry on the table. 
 
 Mr. MABRY demanded the yeas and nays, which were ordered, 
 and the motion to lay on the table sustained. 
 
 Yeas 60 
 
 Nays 8 
 
 Those voting in the affirmative are : 
 
 Messrs. Allen, Arledge, Baxter, Blizard, Brandon, Branson, 
 Britton, Brooks, Brown of Davidson, Brown of Henry, etc., Bur- 
 ton, Byrne, Carter, Chowning, Coffin, Cummings, Deaderick, 
 Deavenport, Dibbrell, Doherty, Dromgoole, Fentress, Fielder, Fin- 
 ley, Gardner, Garner, Gaut, Gibson, Gordon, Heiskell, Henderson, 
 Hill of Warren, Hill of Gibson, House of Williamson, House of 
 Davidson, etc., Ivie, Jones of Giles, Kennedy, Key, Kirkpatrick, 
 Kyle, McDougal, McNabb, Martin, Meeks, Morris, Netherland, 
 Nicholson, Parker, Porter of Haywood, Sample, Shepard, Shelton, 
 Staley, Stephens, Thompson of Davidson, Turner, Warner, Wil- 
 liamson and Wright 60. 
 
 Those voting in the negative are : 
 
 Messrs. Bate, Burkett, Gibbs, Mabry, Porter of Henry, Seay, 
 Thompson of Maury and Walters 8. 
 
 Mr. HOUSE'S amendment was then adopted. 
 
 Mr. FENTRESS offered the following amendment : 
 
 Provided, however, That no part of an old county shall be taken 
 
 off without the consent of one-third of the qualified voters of such 
 
 county. 
 
 Mr. SEAY demanded the yeas and nays on the adoption of the 
 
 amendment, which were ordered, and the amendment rejected. 
 
 Yeas 22 
 
 Nays 47 
 
 Those voting in the affirmative are : 
 
 Messrs. Arledge, Blackburn, Brandon, Byrne, Coffin, Cummings, 
 Deaderick, Dromgoole, Fentress, Fin ley, Garner, Heiskell, Jones of 
 
373 
 
 Giles, Kennedy, Morris, Netherland, Porter of Hay wood, Shelton, 
 Staley, Stephens, Williamson and Wright 22. 
 
 Those voting in the negative are : 
 
 Messrs. Allen, Bate, Baxter, Blizard, Branson, Britton, Brooks, 
 Brown of Davidson, Brown of Henry, etc., Burkett, Burton, Car- 
 ter, Chowning, Deavenport, Dibbrell, Doherty, Fielder, Gardner, 
 Gaut, Gibbs, Gibson, Gordon, Henderson, Hill of Warren, Hill of 
 Gibson, House of Montgomery, etc., Ivie, Key, Kirkpatrick, Kyle, 
 Mabry, McDougal, McNabb, Martin, Meeks, Nicholson, Parker, 
 Porter of Henry, Sample, Seay, Shepard, Thompson of Davidson, 
 Turner, Walters and Warner 47. 
 
 Mr. GIBBS moved to amend by striking out all after the word 
 " voters " in the third line, to the word " provided " in the tenth 
 line, and insert " no old county shall be reduced iu forming a new 
 county to a less territory than 450 square miles, and no section of 
 an old county shall be taken off to form a new one, or be trans- 
 ferred to another, without a majority of the voters of said section 
 voting therefor." 
 
 Mr. BAXTER moved to lay the amendment on the table. 
 Mr. HILL, of Gibson, demanded the yeas and nays, and the 
 motion to lay on the table sustained. 
 
 Yeas 44 
 
 Nays 16 
 
 Those voting in the affirmative are : 
 
 Messrs. Arledge, Bate, Baxter, Brandon, Britton, Brown of 
 Davidson, Brown of Henry, etc., Burton, Byrne, Carter, Chown- 
 ing, Coffin, Cummings, Cypert, Deaderick, Finley, Gardner, Gar- 
 ner, Gordon, Heiskell, Henderson, Hill of Gibson, House of Wil- 
 liamson, House of Montgomery etc., Ivie, Jones of Giles, Kennedy, 
 Key, Kyle, McDougal, McNabb, Meeks, Morris, Nicholson, Parker, 
 Porter of Hay wood, Porter of Henry, Sample, Shelton, Staley, 
 Stephens, Turner, Walters and Wright 44. 
 
 Those voting in the negative are : 
 
 Messrs. Blizard, Branson, Brooks, Burkett, Deavenport, Dib- 
 brell, Doherty, Gaut, Gibbs, Gibson, Hill of Warren, Kirkpatrick, 
 Mabry, Martin, Seay, Thompson of Maury, and Warner 16. 
 
 Mr. KIRKPATRICK offered the following amendment : 
 " A new county may be formed out of territory made up of por- 
 tions of Grainger, Jefferson and Greene Counties, but no line of 
 such county shall approach the Court-house of Grainger County 
 nearer than the Holston River at the point nearest said Court-house, 
 
374 
 
 nor shall any line thereof approach the Court-house of Jefferson 
 County nearer than eleven miles, nor the Court-house of Greene 
 County nearer than to begin at the town of Warrensburg, on the 
 Nolicliucky River, thence directly to Bull's Gap; Provided, That 
 neither of said old counties shall be reduced below 500 square 
 miles." 
 
 Which was adopted by the Convention. 
 
 Mr. GARDNER offered the following amendment : 
 
 Strike out lines one and two and insert " out of that portion o^ 
 
 Obion County lying west of low water mark, on the east side o* 
 
 Reel Foot Lake." 
 
 Which was rejected, and the provision, as reported by the Com- 
 mittee, was adopted.. 
 
 To the provision authorizing the formation of a new county out 
 of portions of Smith, Macon and Sumner, Mr. ALLEN offered the 
 following amendment : 
 
 Provided, That nothing herein contained shall exempt that por- 
 tion of Smith County, thus detached, from the payment of its due 
 proportion of the debts of said county, contracted previous to such 
 separation. 
 
 Which was adopted, and the provision, as thus amended, was 
 adopted. 
 
 Yeas ...35 
 
 Nays 22 
 
 Those voting in the affirmative are : 
 
 Messrs. Allen, Blizard, Branson, Britton, Brooks, Brown of 
 Davidson, Burkett, Byrne, Chowning, Coffin, Cummings, Deader- 
 ick, Deavenport, Dibbrell, Fielder, Gardner, Gibbs, Gibson, Gor- 
 don, Henderson, Hill of Warren, Hill of Gibson, Ivie, Kyle, Mabry, 
 McNabb, Martin, Nicholson, Parker, Sample, Seay, Shepard, Tay- 
 lor, Thompson of Maury, Walters and Warner 35. 
 
 Those voting in the negative are : 
 
 Messrs. Arledge, Bate, Baxter, Brown of Henry, etc., Burton, 
 Boherty, Fentress, Finley, Garner, Gaut, House of Montgomery, 
 etc., Jones of Giles, Kennedy, Key, Porter of Haywood, Porter of 
 Henry, Shelton, Staley, Turner, Williamson and Wright 22. 
 
 Mr. MABRY entered a motion to reconsider the vote, the consider- 
 ation of which, en motion of Mr. Thompson, of Maury, was post- 
 poned until Monday next. 
 
 To the proposition to form a new county out of portions of Jack- 
 son and Overtoil, Mr. BROOKS proposed to amend by adding : 
 
375 
 
 " Said new county shall contain not less than 400 qualified voters, 
 nor shall the area of either of said old counties be reduced below 
 450 square miles." 
 
 Which was adopted, and the section, as thus amended, adopted. 
 
 Mr. NICHOLSON offered the following amendment : 
 
 In line 1, paragraph 3, after the word " of" insert the word 
 
 " Lewis/' so that it will read : u The Counties of Lewis, Cheatham 
 
 and Sequatchie," etc. 
 
 Which was adopted, and the paragraph as thus amended was 
 adopted. 
 
 Mr. CARTER offered an amendment declaring that the county 
 seat of Carter County shall not be removed without the concurrence 
 of two-thirds of the Legislature. 
 
 Mr. BATE offered the following as an amendment to Mr. Carter's 
 amendment : 
 
 Nor shall the seat of justice in the County of Tipton be removed 
 without a majority of two-thirds of the qualified voters of said 
 county vote therefor. 
 
 Mr. GARNER offered the following in lieu : 
 
 Nor shall the seat of justice of any county in this State be re- 
 moved without the concurrence of two-thirds of the qualified voters 
 in the respective counties. 
 
 Which was accepted by Messrs. CARTER and BATE, and adopted 
 by the Convention. 
 
 Mr. FIELDER proposed the following amendment : 
 
 Out of territory made up of fractions of Hay wood, Madison, Gib- 
 son and Dyer Counties, included in the bounds set forth in the sec- 
 ond section of an act passed by the General Assembly of the State 
 of Tennessee, on the 20th day of December, 1845, entitled " An 
 act to establish the County of Crockett in honor of and to perpetu- 
 ate the memory of David Crockett, one of Tennessee's distinguished 
 sons." 
 
 Mr. GARDNER offered the following amendment to Mr. Fielder's 
 proposition : 
 
 Add to the end of the proposition, " Provided, two-thirds of the 
 qualified voters in each of the fractions taken to make said county 
 shall vote for the same. And provided further , That neither of 
 the counties from which such fractions are taken, shall be reduced 
 below 500 square miles. And provided also, That said new county 
 shall not contain less than 275 square miles." 
 
 Which was accepted by Mr. FIELDER. 
 
376 
 
 Mr. PORTER, of Haywood, moved to lay the amendment on the 
 table. 
 
 Mr. FIELDER demanded the yeas and nays, which were ordered 
 and the motion to lay on the table rejected : 
 
 Yeas 24 
 
 Nays 35 
 
 Those voting in the affirmative are: 
 
 Messrs. Arledge, Bate, Baxter, Blizard, Britton, Brown of Henry, 
 etc., Burkett, Burton, Coffin, Fentress, Gaiit, Gibson, Henderson, 
 Hill of Gibson, Jones of Giles, Kennedy, Key, Mabry, Porter of 
 Haywood, Porter of Henry, etc., Sample, Shelton, Staley and 
 Wright 24. 
 
 Those voting in the negative are : 
 
 Messrs. Allen, Brandon, Branson, Brooks, Brown of Davidson, 
 Byrne, Carter, Chowning, Cumniings, Deaderick, Deavenport, Dib- 
 brell, Doherty, Fielder, Gardner, Garner, Gibbs, Gordon, Heiskell, 
 Hill of Warren, House of Montgomery, etc., Ivie, Kyle, McNabb, 
 Martin, Nicholson, Parker, Seay, Shepard, Taylor, Thompson of 
 Maury, Turner, Walters, Warner and Williamson 35 
 
 On motion of Mr. BROWN, of Davidson, the further considera- 
 tion of the proposition was postponed until Monday next. 
 
 Mr. MABRY entered a motion to reconsider the vote adopting 
 Section 1, Article IX. 
 
 Mr. THOMPSON, of Maury, offered the following amendment : 
 " Out of territory made up of fractions of Maury, Williamson, 
 Rutherford, Marshall and Bedford, a county may be established, 
 but in no case shall the line of said new county approach the county 
 sites of any of the counties from the territory of which said new 
 county is made up nearer than eleven miles, except that the line of 
 said new county may approach the Court-house of Marshall County 
 as near as the northern bank of Duck River. But Marshall County 
 shall not be reduced below 350 square miles. 
 
 The consideration of the amendment was postponed until Mon- 
 day next. 
 
 Mr. PRESIDENT BROWN, Mr. Kennedy in the Chair, offered the 
 following resolution : 
 
 Resolved, That the Counties of Tipton, Fayette, Henry, Lincoln, 
 Haywood, Henderson, Rutherford, Giles, Bedford, Franklin, Rob- 
 ertson, Roane, Dickson, Blount, DeKalb, Sullivan, Hardeman, 
 Madison, Carroll, Knox and Montgomery, shall not be reduced 
 below the number of square miles now included in their present 
 boundaries. 
 
377 
 
 Mr. President BEOWN called for the question on his resolution. 
 
 Mr. THOMPSON, of Maury, moved that the Convention adjourn 
 until Monday morning at 9 o'clock. 
 
 Mr. GAENER demanded the yeas and nays, which were ordered, 
 and the motion to adjourn adopted. 
 
 Yeas 33 
 
 Nays 27 
 
 Those voting in the affirmative are : 
 
 Messrs. Bate, Blizard, Brandon, Britton, Brown of Davidson, 
 Burkett, Burton, Carter, Chowning, Coffin, Cummings, Deaven- 
 port,Dibbrell, Doherty, Fielder, Gardner, Gibbs, Gordon, Heiskell, 
 Key, Kyle, Mabry, McNabb, Martin, Nicholson, Sample, Seay, 
 Shepard, Taylor, Thompson of Maury, Warner, Williamson and 
 Wright 33. 
 
 Those voting in the negative are : 
 
 Messrs. Allen, Arledge, Baxter, Branson, Brooks, Brown of Henry, 
 Byrne, Deaderick, Fentress, Finley, Garner, Gaut, Gibson, Hender- 
 son, Hill of Warren, Hill of Gibson, House of Montgomery, etc., 
 Ivie, Jones of Giles, Kennedy, Parker, Porter of Haywood, Shelton, 
 Staley, Turner, Walters and President Brown 27. 
 
 MONDAY MORNING, FEBRUARY 21, 1870. 
 
 The Convention met pursuant to adjournment, Mr. President 
 BBOWN in the Chair. 
 
 The Journal of Saturday was read and approved. 
 
 EEPOET ON MEMOEIALS. 
 
 Mr. SEAY, from the Committee on New Counties and County 
 Lines iTuulc the following report : 
 
 The Committee have directed me to report that they have had 
 
378 
 
 under consideration the memorials from citizens o Coffee, l-Yank- 
 lin, Lincoln and Bedfo?-d << unities, and of citizens of ('annon, 
 Smith, I )eKalb, Wilson ami Rutherford counties, and recommend 
 
 them to the consideration of tin- < -oil vent ion. 
 
 Tin- memorial from the .Juslie. Vace of Montgomery 
 
 County asking for the restoration of fractions of Robertson ( 'ouuty, 
 i returned for the consideration of the Convention, and lor such 
 
 action as may he deemed proper; the < -ommil lee make no recorn- 
 mendation in regard thereto. 
 
 The memorial from citi/ens of (Irumly asking that a porlion of 
 (Jrundy County he attached to (Police (Bounty, is returned and re- 
 commended hy the Committee to t lie respect fid consideration ol this 
 
 body, 
 
 The memorials from citizens of Roane, Monroe and liloimt. ask- 
 ing for a new county to be formed out of territory made up of frac- 
 tions of said counties, which were remanded to the Committee, are 
 a^ain returned, and the same recommended to the respectful consid- 
 eration of the ( onvention, believing them to be entitled to such by 
 
 this body. 
 
 The Committee ask to be discharged from the furtlu T consider* 
 
 Jltion of the m:i.|.ters referred. 
 
 All of which is -respectfully submitted. 
 
 <;KOR<JK K. SIOAY-, 
 
 Fehruary '21, I70. Chairman. 
 
 IMUNTINU TIIK .IOIIUNAI.S. 
 
 Mr. 8EAY Called UJ) the resolution heretofore offered by him ill 
 relation tO the printing of the Joui-nal, etc., which was taken up, 
 
 read, and on motion of - - was passed over informally. 
 
 .M i;y TKIALS. 
 Mr. Si i i.i' A i; i > oil (fed I li< tol lo\\ i IP- as an independent section : 
 
 Article , Section . Kverv white person put upon trial, 
 
 eharjcd with any crime or misdemeanor, shall have empannelled 
 for the trial of the same a jury of white men, and in all civil 
 where the plaintiff or defendant is a. while person the jury shall be 
 eximposed of white men. 
 
 Which lies over under the rule. 
 
 \i:\V COUNTIF.s. 
 
 Mr. KI;Y olfered the followin; 1 amendment to the report of !)' 
 ( 'ommiliee on N'ew < Bounties : 
 
379 
 
 Out of territory made up of fractions of the Counties of Monroe, 
 
 nl Bloimt around the town of Loudon ; but no line of such 
 
 muni v -hall < \ r approach the court-house of any of the old coun- 
 
 neurer than eleven miles, excepting that on the south side of 
 
 the Tennessee River said lines may approach within ten miles of 
 
 the county seat of Roane County, but on the north side of said 
 
 river no line shall approach nearer than eleven miles. 
 
 Mr. STALE Y offered the following amendment : 
 "Provided, That Roane County shall never be reduced below 625 
 square miles." 
 
 Mr. FINLEY offered the following amendment : 
 
 Provided, That such portions of said counties as may be taken 
 off to form the new county shall still remain liable for their pro- 
 portionable part of all debts contracted and owing prior to the for- 
 mation of such new county. 
 
 Mr. KEY moved to lay the amendments on the table. 
 
 Mr. GIBSON demanded a division of the question, which was or- 
 dered, and a vote taken to lay the amendment of Mr. Finley on 
 the table, and it was rejected. 
 
 Yeas 24 
 
 Nays 40 
 
 Those voting in the affirmative are: 
 
 Messrs. Blizard, Brown of Davidson, Burkett, Burton, Carter, 
 
 Chowning, Deaderick, Dibbrell, Doherty, Fulkerson, Gaut, Gibbs, 
 
 Gordon, Henderson, House of Williamson, House of Montgomery, 
 
 Kennedy, Key, Mabry, Nicholson, Thompson of Davidson, 
 
 Walters, Warner and Wright 24. 
 
 Those voting in the negative are i 
 
 Messrs. Allen, Arledge, Bate, Baxter, Brandon, Branson, Britton, 
 Brown of Henry, etc., Byrne, Campbell, Coffin, Cypert, Deaven- 
 port, Fentress, Fielder, Finley, Gardner, Garner, Gibson, Heiskell, 
 Hill of Wareu, Hill of Gibson, Ivie, Jones of Giles, Kyle, Mc- 
 Doutral, McXabb, Martin, Meeks, Morris, Xetherland, Parker, 
 Porter of Hay wood, Porter of Henry, Sample, Seay, Shelton, 
 Staley, Stephens and Thompson of Maury 40. 
 
 A vote was taken on the motion to lay Mr. Staley's amendment 
 on the table and it was adopted. 
 
 Yeas 49 
 
 Xays 16 
 
 Those voting in the affirmative are : 
 
 M-.-rs. Alien, Arledge, Baxter, Blizard, Brandon, Branson, Brit- 
 
380 
 
 ton, Brown of Davidson, Brown of Henry, etc., Burkett, Burton, 
 Byrne, Carter, Chowning, Cypert, Deaderick, Dibbrell, Doherty, 
 Fielder, Fulkerson, Gardner, Garner, Gaut, Gibbs, Gibson, Gordon, 
 Heiskell, Henderson, Hill of Warren, Hill of Gibson, House of 
 Williamson, House of Montgomery, etc., Ivie, Kennedy, Key, 
 Kyle, Mabry, McDougal, McNabb, Martin, Meeks, Nicholson, 
 Porter of Haywood, Seay, Shepard, Thompson of Davidson, Thomp- 
 son of Maury, Walters and Warner 49. 
 
 Those voting in the negative are : 
 
 Messrs. Brooks, Campbell, Coffin, Deavenport, Fentress, Finley, 
 Jones of Giles, Morris, Parker, Porter of Henry, Sample, Shelton, 
 Staley, Stephens, Turner and Wright 16. 
 
 Mr. FINLEY'S amendment was then adopted. 
 
 Mr. STALEY demanded the yeas and nays upon the adoption of 
 Mr. Key's amendment as amended, and it was adopted. 
 
 Yeas 45 
 
 Nays 14 
 
 Those voting in the affimative are : 
 
 Messrs. Allen, Arledge, Bate, Baxter, Blizard, Brandon, Branson, 
 Britton, Brown of Henry, etc., Burkett, Burton, Byrne, Carter, 
 Chowning, Cypert, Deaderick, Deavenport, Dibbrell, Doherty, 
 Fielder, Fulkerson, Gardner, Gaut, Gibbs, Gibson, Gordon, Heis- 
 kell, Henderson, Hill of Warren, House of Williamson, Ivie, Ken- 
 nedy, Key, Kyle, Mabry, McNabb, Martin, Netherland, Nicholson, 
 Parker, Sample, Seay, Shepard, Thompson of Davidson, Thomp- 
 son of Maury, Walters and Warner 45. 
 
 Those voting in the negative are : 
 
 Messrs. Brown of Davidson, Coffin, Fentress Finley, Garner, 
 Hill of Gibson, Jones of Giles, Morris, Porter of Henry, Shelton, 
 Staley, Stephens, Turner and Wright 14. 
 
 Mr. MARTIN offered the following amendment : 
 
 That portion of the territory of Marion County situated within 
 the following boundary, viz : Beginning on the Grundy and Marion 
 county line at the Nickajack trace, and running about six hundred 
 yards west of Benjamin Posey's to where the Tennessee Coal Rail- 
 road crosses the line, and running thence south-east through the 
 Pocket, near William Summers, crossing the Battle Creek Gulf at the 
 corner of Thomas Wooten's field, thence running across the Little 
 Gizzard Gulf at Raven Point, thence in a direct line to the bridge 
 crossing the Big Fiery Gizzard, thence in a direct line to the mouth 
 of Holy Water Creek, thence up said creek to Grundy County 
 line, and thence running with said line to the beginning, shall be, 
 
381 
 
 and is hereby detached from Marion County and attached to the 
 County of Grundy. 
 
 Mr. BYRNE demanded the yeas and nays on the adoption of the 
 amendment, which were ordered, and the amendment adopted. 
 
 Yeas 44 
 
 Nays 18 
 
 Those voting in the affirmative are : 
 
 Messrs. Allen, Arledge, Baxter, Brandon, Branson, Britton, 
 Brooks, Brown of Davidson, Brown of Henry, etc., Burton, Carter, 
 Chowning, Cypert, Deaderick, Deavenport, Doherty, Fielder, Ful- 
 kerson, Gardner, Gibbs, Gibson, Gordon, Hill of Warren, Hill of 
 Gibson, House of Montgomery, etc., Ivie, Kyle, Mabry, McNabb, 
 Martin, Meeks, Morris, Netherland, Nicholson, Parker, Sample, 
 Srny, Shepard, Staley, Stephens, Thompson of Davidson, Thomp- 
 son of Maury, "Warner and President Brown 44. 
 
 Those voting in the negative are : 
 
 Messrs. Bate, Byrne, Campbell, Coffin, Dibbrell, Fentress, Gar- 
 ner, Heiskell, Henderson, House of Williamson, Jones of Giles, 
 Kennedy, Key, Porter of Hay wood, Porter of Henry, Sbelton, 
 Turner and Wright 18. 
 
 On motion of Mr. TURNER, the motion of Mr. Mabry to recon- 
 sider the vote adopting the report of the Committee in relation to 
 the formation of a new county out of portions of Smith, Macon and 
 Sumner, was taken up, and the motion to reconsider adopted : 
 Thereupon, 
 
 Mr. SEAY offered the following in lieu : 
 
 " Out of territory made up of fractions of Sumner, Smith and 
 Macon counties, but no line of said county shall run nearer than 
 ten miles to the Court-houses of Smith and Sumner counties nor 
 so as to include any territory of Macon county lying within nine 
 and a half miles of the Court-house of Macon county and not 
 more than twenty square miles of Macon county shall be taken to 
 form said county nor shall any part of Sumner county be taken 
 which lies west of the western boundary of Macon county. 
 
 No fraction shall be taken off unless two-thirds of the qualified 
 voters of said fraction vote for it and the fraction so taken off shall 
 pay its pro rata share of the debts of the old county contracted pre- 
 vious to such separation." 
 
 Which was adopted in lieu, and the clause as thus amended was 
 adopted by the Convention. 
 
 Mr. SEAY moved to reconsider the vote adopting the amendment 
 
382 
 
 and further moved to lay the motion to reconsider on the tab'e, 
 which latter motion was adopted. 
 
 Mr. BROWN, of Henry, submitted the following resolution : 
 
 Resolved, That all further consideration of the subject of new 
 counties and county lines, be indefinitely postponed, and that no 
 proposition looking to the formation of a new county shall hereafter 
 be considered except Section 5, Article X. 
 
 Mr. THOMPSON, of Maury, objected to the consideration of the 
 resolution, and it was- -laid over under the rule. 
 
 Mr. PORTER, -of Henry, moved the indefinite postponement of all 
 pending propositions, and the report of the Committee on New 
 Counties undisposed of. 
 
 Mr. GIBBS demanded the yeas and nays on the motion to post- 
 pone, which were ordered, and the motion adopted : 
 
 Yeas 34 
 
 Nays 21 
 
 Those voting in the affirmative are : 
 
 Messrs. Allen, Arledge, Baxter, Brandon, Brit ton, Brown of 
 Davidson, Brown of Henry, etc., Burkett, Burton, Campbell, 
 Chowning, Coffin, Doherty, Fielder, Gardner, Garner, Gordon, 
 Heiskell, Henderson, Hill of Gibson, House of Williamson, Ivie, 
 Kennedy, Meeks, Morris, Porter of Haywood, Porter of Henry, 
 Sample, Shepard, Shelton, Stephens, Thompson of Davidson, Turner 
 and Wright 34. 
 
 Those voting in the negative are : 
 
 Messrs. Branson, Brooks, Cypert, Deaderick, Dibbrell, Gibbs, 
 Gibson,|Hill of Warren, Jones of Giles, Key, Kyle, Mabry, McNabb, 
 Martin, Netherland, Nicholson, Parker, Seay, Taylor, Thompson of 
 Maury and Warner 21. 
 
 Mr. JONES, of Giles, offered the following proviso : 
 Provided, "That no territory shall be detached from any old 
 county to form anew county, or to be attached to another county, 
 without the consent of two. fifths of the qualified voters of said old 
 county excepting such counties as have already been specially au- 
 thorized by this Convention." 
 
 Mr. JONES demanded the yeas and nays on the adoption of the 
 proviso, which were ordered, and it was rejected : 
 
 Yeas 24 
 
 Nays 35 
 
 Those voting in the affirmative are : 
 
 .Messrs. Arledge, Bate, .Brandon, Coffin, Deaderick,, Doherty; 
 
383 
 
 Fentress, Fulkerson, Heiskell, Hill of Gibson, House of William- 
 son, Jones of Giles, Kennedy, Key, Morris, Nicholson, Porter of 
 Henry, Sample, Shelton, Stephens. Thompson of Davidson, Turner 
 and Wright 24. 
 
 Those voting in the negative are : 
 
 Messrs. Allen, Baxter, Branson, Britton, Brooks, Brown of David- 
 son, Burkett, Burton, Campbell, Carter, Chowning, Gumming s, 
 Cypert, Fielder, Gardner, Garner, Gaut, Gibbs, Gibson, Gordon, 
 Henderson, Hill of Warren, House of Montgomery, etc., Ivie, Kyle, 
 Mabry, McNabb, Martin, Meeks, Netherland, Parker, Seay, Taylor, 
 Thompson of Maury and Warner 35. 
 
 Mr, GIBBS submitted the following proviso : 
 
 Provided, That the foregoing provision requiring a two-thirds 
 majority of the voters of a county to remove its county seat shall 
 not apply to the counties of Obion and Cocke, 
 
 Which was adopted by the Convention. 
 
 REVISION. 
 
 Mr. TURNER offered the following resolution : 
 
 Resolved, That it is the sense of this Convention that the Com- 
 mittee on Revision and Enrollment shall leave out of Article XI, 
 Section 12, all after Common Schools in line 18. 
 
 Which was adopted. 
 
 NEW COUNTIES. 
 
 Mr. DEADERICK offered the following as an independent section : 
 In all cases when a new county, or new counties, may be formed 
 or created oat of portions or fractional parts of other counties, 
 that such portions or fractional parts as may be taken off of other 
 counties in the formation of such new county or new counties 
 shall be responsible and liable for such part of said old county or 
 counties 7 indebtedness, in proportion to the amount of the taxable 
 property in the several fractional parts so taken off, to the whole 
 amount of taxables in the original county or counties from which 
 said fractional part or parts may be taken. 
 
 Mr. GIBSON offered the following in lieu : 
 
 " The fractions taken from old counties to form new counties, or 
 taken from one county and added to another, shall continue liable 
 for the ir pro rata of all debts contracted by their respective counties 
 prior to the separation of such fractions. 
 
 Which was accepted by Mr. DEADERICK. 
 
384 
 
 Mr. CYPERT demanded the yeas and nays on the .adoption of the 
 Section in lieu, which were ordered. 
 
 The hour of recess having arrived the Convention adjourned until 
 2 o'clock P. M. 
 
 AFTERNOON SESSION. 
 
 The Convention proceeded to vote on Mr. GIBSON'S proposition 
 and it was adopted : 
 
 Yeas 37 
 
 Nays 16 
 
 Those voting in the affirmative are : 
 
 Messrs. Allen, Arledge, Bate, Brandon, Britton, Brooks, Brown 
 of Henry, etc., Chowning, Coffin, Cummings, Cypert, Deaderick, 
 Dibbrell, Fentress, Fulkerson, Gardner, Gibson, Heiskell, Hill of 
 Gibson, House of Williamson, I vie, Jones of Giles, Kennedy, Kyle, 
 Mabry, McNabb, Netherland, Porter of Haywood, Porter of Hen- 
 ry, Shelton, Staley, Stephens, Thompson of Davidson, Turner, 
 Walters, Williamson and President Brown 37. 
 
 Those voting in the negative are : 
 
 Messrs. Baxter, Brown of Davidson, Burkett, Carter, Fielder, 
 Garner, Gibbs, Henderson, Hill of Warren, House of Montgomery, 
 etc., Key, Martin, Nicholson, Seay, Thompson of Maury, and War- 
 ner 16. 
 
 On motion of Mr. HOUSE, of Williamson, leave of absence was 
 granted to Mr. Burton. 
 
 The resolution of Mr. President BROWN, declaring that certain 
 counties shall not be reduced below their present limits was call- 
 ed up. 
 
 Mr. FIELDER moved to lay the resolution on the table, and de- 
 
385 
 
 manded the yeas and nays, which were ordered, and the motion to 
 lay on the table sustained : 
 
 Yeas i "... 41 
 
 Xays 22 
 
 Those voting in the affirmative are : 
 
 Messrs. Allen, Baxter, Blizard, Brandon, Branson, Britton, 
 Brooks, Brown of Davidson, Burkett, Carter, Chowning, Cummings, 
 Cypert, Dibbrell, Doherty, Fentress, Fielder, Gardner, Gaut, Gibbs, 
 Gibson, Henderson, Hill cf Warren, Hill of Gibson, House of Mont- 
 
 fmery, etc., Key, Kyle, Mabry, McDougal, McNabb, Martin, 
 eeks, Netherland, Nicholson, Parker, Sample, Seay, Thompson of 
 Davidson, Thompson of Maury,, Turner and Warner 41. 
 
 Those voting in the negative are : 
 
 Messrs. Arledge, Bate, Brown of Henry, etc., Coffin, Deaderick, 
 Fulkerson, Garner, Heiskell, House of Williamson, I vie, Jones of 
 Giles, Kennedy, Morris, Porter of Hay wood, Porter of Henry, etc., 
 Shelton, Staley, Stephens, Taylor, Walters, Williamson and Presi- 
 dent Brown 22, 
 
 On motion of Mr. GARNER it was ordered that the action of this 
 Convention on the subject of new counties and county lines, be 
 adopted as Section 4, of Article X, of the new Constitution of Ten- 
 nessee ; and that the Committee on Revision have the same enrolled 
 accordingly. 
 
 MISCELLANEOUS PROVISIONS. 
 
 On motion of Mr. TURNER the Convention proceeded to the 
 consideration of Article XI. 
 
 Section 1, was amended by adopting the amendment recommend- 
 ed by the Judicial Department as follows : 
 
 " But ordinances contained in any former Constitution or schedule 
 hereto, are hereby abrogated." 
 
 "The time which has elapsed from the 6th day of May, 1861, 
 until the 1st day of January, 1867, shall not be computed in any 
 case affected by the; statutes of limitations, nor shall any writ (if 
 error be affected by such lapse of times." 
 
 Section 2 was adopted without amendment. 
 
 Section 3, having heretofore been amended, was adopted as 
 amended. 
 
 Sections 4 and 5 were adopted without amendment. 
 25 
 
386 
 
 Section 6, as amended, giving the Legislature power to pass a 
 conventional rate of interest not to exceed ten per centum per an- 
 num was adopted. 
 
 Sections 7 and 8 were adopted without amendment. 
 
 Mr. HOUSE, of Williamson, demanded the yeas and nays on the 
 adoption of Section 9, which were ordered and the amendment 
 adopted. 
 
 Yeas.... 7....41 
 
 Nays 19 
 
 Those voting in the affirmative are : 
 
 Messrs. Allen, Baxter, Brandon, Branson, Britton, Brown of 
 Davidson, Burkett, Carter, Chowning, Coffin, Cummings, Cypert, 
 Deaderick, Dibbrell, Doherty, Fulkerson, Gardner, Gibson, Gor- 
 don, Henderson, Hill of Warren, Hill of Gibson, House of Mont- 
 gomery, etc., Key, Kyle, Mabry, McDougal, McNabb, Martin, 
 Meeks, Netherland, Nicholson, Parker, Porter of Henry, etc. r Sample, 
 Seay, Shepard, Taylor, Thompson of Maury, Warner and Wright 
 41. 
 
 Those voting in the negative are: 
 
 Messrs. Arledge, Bate, Brown of Henry, etc., Fentress, Fielder, 
 Garner, Gibbs, Heiskell, House of Williamson, Ivie, Kennedy, 
 Morris, Porter of Hay wood, Shelton, Stephens, Thompson of 
 Davidson, Turner, Walters and Williamson 19. 
 
 Section 10, having been previously acted on, was passed over in- 
 formally. 
 
 Sections 11 and J2 were adopted without amendment. 
 On motion of Mr. GARNER, it was ordered that the Article be 
 referred to the Committee on Revision and Enrollment. 
 
 SCHEDULE. 
 
 On motioH of Mr. BAXTER, he Convention took up the Sched- 
 ule reported by the Judiciary Committee, which is as follows : 
 
 Section 1. That no inconvenience may arise from a change of the 
 Constitution, it is declared that the Governor of the State, the 
 members of the General Assembly and all officers elected at or after 
 the general election in March, 1870, shall hold their offices for the 
 terms prescribed in this Constitution. 
 
 Mr. HEISKELL proposed the following amendment, to be in- 
 serted at the end of the third line of said report: 
 
387 
 
 Officers appointed by the Courts shall be filled by appointments, 
 to be made and to take effect during the first term of the Court held 
 by Judges elected under this Constitution. 
 
 Which was adopted by the Convention. 
 
 All other officers shall vacate their places thirty days after the 
 day fixed for the election of their successors under this Constitu- 
 tion. 
 
 The Secretary of State, Comptroller and Treasurer shall hold 
 their offices until the first session of the present General Assembly 
 occurring after the ratification of this Constitution, and until their 
 successors are elected and qualified. 
 
 The officers then elected shall hold their offices until the 15th day 
 of January, 1873. 
 
 At the first election of Judges under this Constitution, there 
 shall be elected six Judges of the Supreme Court, two from each 
 grand division of the State, who shall hold their offices for the term 
 herein prescribed. 
 
 In the event any vacancy shall occur in the office of either of 
 said Judges at any time after the first day of January, 1873, it shall 
 remain unfilled, and the Court shall, from that time, be constituted 
 of five Judges, 
 
 While the Court shall consist of six Judges ; they may sit in two 
 sections and may hear and determine causes in each at the same 
 time, but not in different grand divisions at the same time. 
 
 When so sitting the concurrence of two Judges shall be necessary 
 to a decision. 
 
 The Attorney-General and Reporter for the State shall be ap- 
 pointed after the election and qualification of the Judges of the Su- 
 preme Court herein provided for. 
 
 Which was adopted by the Convention. 
 
 Mr. HEISKELL submitted the following as an additional section : 
 
 Every Judge and every officer of the Executive Department of 
 this State, and every Sheriff holding over under this Constitution 
 shall, within twenty days after the ratification of this Constitution 
 is proclaimed, take an oath to support the same. And th ,, re 
 of any officer to take such oath shall vacate his office. 
 
 Which was adopted. 
 
 On motion of Mr. GARNER, it was ordered that the Schedule be 
 referred to the Committee on Revision. 
 
 ORDINANCE. 
 
 On motipn of Mr. GARDNER, the Convention proceeded to the 
 
388 
 
 consideration of th^e Ordinance reported by the Committeee on Elec- 
 tions and Suffrage. 
 
 Mr. NICHOLSON offered the following amendments : 
 On page 2, line 10, Section 3, strike out the words " Secretary of 
 State," and insert the words '* Speaker of the Senate," and in line 
 11 strike out the words " Secretary of State " and insert the words 
 "President of the Convention," and in line 14, strike out the 
 words " Secretary of State " and insert the word " Governor ;" so 
 that the clause will read as follows : 
 
 And immediately forward by mail one copy of said certificates 
 to the Governor, and one to the Speaker of the Senate So soon 
 as the poll books are deposited with the County Court Clerks, they 
 shall certify to the President of the Convention an accurate state- 
 ment of the number of votes cast for and against the " New Con- 
 stitution," as appears in said poll books. And if any of said re- 
 turning officers shall fail to make the returns herein provided for 
 within the time required, the Governor shall be authorized to send 
 special messengers for the result of the vote in those counties where 
 officers have so failed to make returns. 
 
 Which was adopted by the Convention. 
 
 Mr. NICHOLSON offered the following amendments to Section 4 : 
 In lines 1 and 2, of Section 4, strike out the words " Secretary 
 of State," and insert the words " Speaker of the Senate." In 
 line 4, after the words " duty of" insert the following words : 
 (< The Governor, Speaker of the Senate and the President of this 
 Convention, or any two of them, to append to the Constitution a 
 certificate of the result of the votes, from which time the Constitu- 
 tion shall be established as the Constitution of Tennessee. 
 
 In line 4, strike out the words " forthwith to " and insert the 
 >rd" shall." 
 
 In lines 5 and 6, strike out the following words : 
 And thereupon the new Constitution shall be ordained and estab- 
 lished as the Constitution of the State of Tennessee. 
 
 The section '$ amended will read as follows : 
 
 4. Upon the receipt of said returns it shall be the duty of the 
 Governor, Speaker of the Senate and President of this Convention, 
 or any two of them, to compare the votes cast in said election, and 
 if it shall appear that a majority of all the votes cast for and 
 against the " New Constitution " was cast for the " New Constitu- 
 tion," it shall be the duty of the Governor, Speaker of the Senate 
 and President of this Convention, or any two of them, to append a 
 certificate of the result to the Constitution, from which time the 
 Constitution shall be ordained and established as the Constitution 
 
389 
 
 -r 
 
 of Tennessee, and the Governor shall forthwith make proclamation 
 of the fact that the Constitution has been ordained and established. 
 
 Which several amendments were adopted, and the Ordinance, as 
 thus amended, was adopted by the Convention. 
 
 Ordered that the Ordinance be referred to the Committee on Re- 
 vision and Enrollment. 
 
 RELIGIOUS OBLIGATIONS. 
 
 Mr. HEISKELL, from the Committee on the Judiciary, made the 
 following report : 
 
 The Committee on the Judicial Department, to whom has been 
 referred the memorial of the Israelites, have considered the subject 
 and beg leave to report, and recommend the passage of the follow- 
 ing as a section of the Constitution : 
 
 No person shall, in time of peace, be required to perform any 
 service to the public on any day set apart by his religion as a day 
 of rest. 
 
 The Legislature may by law exempt any religious denomination 
 or race of people from the operation of any law prohibiting the pur- 
 suit of secular callings on stated days. 
 
 On motion of Mr. HEISKELL, the report was taken up. 
 
 Mr. THOMPSON, of Davidson, offered the following amendment 
 to the second clause : 
 
 Which shall not interfere with the observance of the Christian 
 Sabbath by the community, nor authorize any violation of it as es- 
 tablished by law. 
 
 Mr. CARTER demanded a division of the subject, which was or- 
 dered. 
 
 A vote was taken on Mr. THOMPSON'S amendment, and it was 
 rejected. 
 
 A vote was then taken on the first clause of the proposed amend- 
 ment, and it was adopted. 
 
 The second clause was rejected. 
 
 Ordered that the amendment be referred to the Committee on 
 Revision. 
 
 COUNTY SUBSCRIPTIONS TO RAILROADS. 
 
 Mr. DOHERTY called up his resolution to except certain counties 
 from the requirement that a three-fourths vote shall be required to 
 subscribe for stock in railroads, etc. 
 
390 
 
 On motion of Mr. HILL, of Gibson, the resolution was laid on 
 the table. 
 
 COMMITTEE DISCHARGED. 
 
 Mr. HEISKELL^ from the Judiciary Committee, reported back the 
 proposition of Mr. Porter of Haywood, limiting the power of the 
 Legislature to establish Courts of Record, and asked to be dis- 
 charged from its further consideration. The Committee was dis- 
 charged accordingly. 
 
 DISQUALIFICATIONS. 
 
 Mr. MABRY called up his motion to reconsider the vote adopting 
 Section 1, of Article IX, and the vote adopting said section was 
 reconsidered. 
 
 Mr. CYPERT demanded the yeas and nays on the re-adoption of 
 the section, which were ordered, and the section readopted. 
 
 Yeas 38 
 
 Nays 24 
 
 Those voting in the affirmative are : 
 
 Messrs. Allen, Arledge, Bate, Baxter, Brandon, Britton, Brooks, 
 Carter, Coffin, Cummings, Deaderick, Fentress, Fielder, Fulkerson,. 
 Gardner, Gamer, Gibbs, Gordon, Heiskell, Henderson, Hill of 
 Warren, Hill of Gibson, House of Williamson, House of Mont- 
 gomery, etc., Jones of Giles, Kennedy, Kyle, Mabry, McNabb, 
 Morris, Netherland, Shepard, Shelton, Stephens, Thompson of 
 Davidson, Thompson of Maury, Warner and Wright 38. 
 
 Those voting in the negative are : 
 
 Messrs. Branson, Brown of Davidson, Burkett, Chowning, Cypert, 
 Dibbrell, Doherty, Gibson, Ivie, Key, McDougal, Martin, Meeks, 
 Nicholson, Parker, Porter of Haywood, Porter of Henry, etc., 
 Sample, Seay, Staley, Taylor, Walters and Williamson 24. 
 
 Ordered, that Article IX be referred to the Committee on Re- 
 vision. 
 
 MERCHANTS' TAX. 
 
 Mr. HOUSE, of Williamson, offered the following in lieu of the 
 proposition submitted by him on Saturday : 
 
 The capital employed by merchants, in the purchase of merchan- 
 dise, shall not be taxed at a rate higher than the ad valorem tax on 
 property. 
 
 Pending the consideration of said proposition, the Convention 
 adjourned until to-morrow morning at 9- o'clock. 
 
391 
 
 TUESDAY MORNING, FEBRUARY 22, 1870. 
 
 The Convention met pursuant to adjournment, Mr. President 
 BROWN in the Chair. 
 
 Prayer by the Rev. Mr. CAETER, a member of the Convention. 
 The Journal of yesterday was read and approved. 
 
 REPORT ON PRINTING. 
 
 Mr. GARNER, from the Committee on Printing, made the follow- 
 ing report : 
 
 The majority of the Committee on Printing, to whom was re- 
 ferred the resolutions of Messrs. Williamson, Turner and Seay, re- 
 lative to copying and printing the Constitution adopted by the 
 Convention, and the Journal of this Body, have instructed me to 
 report the following resolution, and recommend its adoption : 
 
 Resolved , That the Secretary of this Body remain at Nashville 
 after the final adjournment of the Convention, and procure the 
 printing by the Public Printers, in pamphlet form, of thirty thous- 
 and copies of the Constitution adopted by this body, and deliver 
 four hundred copies thereof to each one of the Delegates to this 
 Convention for general distribution among the people with all prac- 
 ticable dispatch. 
 
 Also, that the Secretary have said Constitution printed, as early 
 as possible, as an advertisement, in two newspapers ot general cir- 
 culation, printed at Nashville, two at Memphis, and two at Knox- 
 ville, and in one paper in every other county in the State wherein 
 a newspaper is printed ; and that the publishers of each of those 
 papers be paid fifty dollars therefor. 
 
 Also, that the Secretary copy the Journal of the Proceedings of 
 this Body in a well-bound book, written in a fair copy hand, and 
 deposit said book at the Capitol among the archives of the State ; 
 and that he procure to be printed by the Public Printers, on good 
 paper, and to be bound in sheep, 2500 copies of said Journal, first 
 making out a full index thereto, and deposit 250 copies of said 
 Journal with the State Librarian, and that he deliver 30 copies to 
 each Delegate to this Body for distribution. For all which ser- 
 vice the Secretary shall receive dollars. 
 
 Respectfully submitted, 
 
 JOHN E. GARNER, Chairman. 
 
 On motion of Mr. GARNER, the report was taken up. 
 
392 
 
 On motion of Mr. NICHOLSON, that part requiring the Secretary 
 to cause the Constitution to be printed as an advertisement in dif- 
 ferent newspapers, was stricken out. 
 
 Mr. THOMPSON, of Davidson, moved that 100,000 copies of the 
 Constitution be printed for general distribution, which was re- 
 jected. 
 
 Mr. BAXTER moved to print 75,000 copies of the Constitution, 
 and demanded the yeas and nays, which were ordered, and the mo- 
 tion rejected. 
 
 Yeas 27 
 
 Nays 35 
 
 Those voting in the affirmative are : 
 
 Messrs. Allen, Baxter, Blizard, Brandon, Branson, Britton, 
 Brooks, Brown of Davidson, Chowning, Garner, Gaut, Gibson, 
 Henderson, House of Montgomery, etc., Ivie, Jones of Giles, 
 McNabb, Martin, Netherland, Parker, Porter of Henry, Sample, 
 Shepard, Shelton, Taylor, Thompson of Davidson and Wright 27. 
 
 Those voting in the negative are : 
 
 Messrs. Arledge, Brown of Henry, etc., Carter, Coffin, Cum- 
 mings, Cypert, Deaderick, Dibbrell, Doherty, Dromgoole, Fentress, 
 Fielder, Fulkerson, Gibbs, Gordon, Heiskell, Hill of Warren, 
 Hill of Gibson, House of Williamson, Kennedy, Key, Kyle, Mabry, 
 McDougal, Morris, Nicholson, Porter of Haywood, Seay, Staley, 
 Stephens, Thompson of Maury, Turner, Walters and Warner 35. 
 
 Mr. GARNER moved to print 50,000 copies, and demanded the 
 yeas and nays, which were ordered, and the motion was adopted. 
 
 Yeas 38 
 
 Nays 23 
 
 Those voting in the affirmative are : 
 
 Messrs. Allen, Baxter, Blizard, Brandon, Branson, Britton, 
 Brown of Davidson, Chowning, Cypert, Deaderick, Doherty, Ful- 
 kerson, Garner, Gaut, Gibson, Gordon, Henderson, Hill of Warren, 
 Hill or Gibson, House of Williamson, Ivie, Jones of Giles, Key, 
 McNabb, Martin, Netherland, Nicholson, Parker, Sample, Seay,, 
 Shepard, Shelton, Taylor, Thompson of Davidson, Thompson of 
 Maury, Walters, Warner and Wright 38. 
 
 Those voting in the negative are : 
 
 Messrs. Arledge, Brooks, Brown of Henry, etc., Carter, Coffin, 
 Cummings, Dibbrell, Dromgoole, Fentress, Fielder, Finley, Gard- 
 ner, Heiskell, Kennedy, Kyle, Mabry, McDougal, Morris, Porter of 
 Haywood, Porter of Henry, Staley, Stephens, and Turner^ 23. 
 
393 
 
 Mr. BTtoOKS moved to print 55,000 additional copies, which was 
 rejected. 
 
 On motion of Mr. GARNER, the compensation to be allowed the 
 Secretary for the services required in the resolution of the commit- 
 tee, was fixed at $400. 
 
 Mr. HOUSE, of Montgomery, etc., moved to reconsider the vote 
 rejecting that part of the resolution which authorized the printing of 
 the Constitution in the newspapers. 
 
 Mr. FIELDER demanded the yeas and nays, which were ordered, 
 and the motion to reconsider rejected. 
 
 Yeas 30 
 
 Nays 34 
 
 Those voting in the affirmative are : 
 
 Messrs. Baxter, Blizard, Brandon, Brcoks, Brown of Davidson, 
 Burkett, Chowning, Cypert, Deaderick, Doherty, Dromgoole, Ful- 
 kerson, Garner, Hill of Warren, House of Williamson, House of 
 Montgomery, etc., Ivie, Jones of Giles, Key, Martin, Porter of 
 Henry, Sample, Seay, Shepard, Shelton, Thompson of Davidson, 
 Thompson of Maury, Turner, Williamson and Wright 30. 
 
 Those voting in the negative are : 
 
 Messrs. Allen, Arledge, Branson, Britton, Brown of Henry, etc., 
 Barter, Coffin, Cummings, Dibbrell, Fentress, Fielder, Finley, 
 Gardner, Gaut, Gibbs, Gibson, Gordon, Heiskell, Henderson, Hill 
 of Gibson, Kennedy, Kyle, Mabry, McDougal, McNabb, Morris, 
 Netherland, Nicholson, Parker, Porter of Haywood, Staley, 
 Stephens, Taylor, Walters andWarner 34. 
 
 On motion of Mr. WILLIAMSON, it was ordered that $25 addi- 
 tional be allowed the Secretary to purchase a book and stationery 
 for the purpose of closing up the business of the Convention. 
 
 Mr. SHEPARD offered the following resolution : 
 
 Resolved, That the copies of the amended Constitution shall be 
 distributed among the several counties in proportion to the voting 
 population of the same. 
 
 On motion of Mr. GARNER, the resolution was laid on the table. 
 
 Mr. KENNEDY offered the following resolution : 
 
 Resolved, That the roll containing the draught of the amended 
 Constitution adopted by this Convention, and by it submitted to the 
 people for their ratification or rejection, be enclosed by the Secre- 
 tary in a case suitable for its preservation, and deposited among the 
 archives of the State. 
 
 Which was adopted by the Convention, 
 
394 
 
 NEW COUNTY, 
 
 Mr. MARTIN offered the following resolution : 
 
 Resolved, That a new county may be formed out of fractions of 
 the counties of Bedford, Lincoln and Franklin, so as to take a 
 fraction off of the southeastern part of the County of Bedford, a 
 fraction from the eastern part of the County of Lincoln, and a frac- 
 tion from the northwestern part of the County of Franklin, so as 
 the lines of said new county shall not approach the county seats of 
 either of said Counties of Bedford, Lincoln and Franklin, nearer 
 than eleven miles. 
 
 The resolution was ruled out of order by the Chair. 
 
 Mr. MARTEN appealed from the decision of the Chair and de- 
 manded the yeas and nays, which were ordered and the decision of 
 the Chair sustained : 
 
 Yeas ...54 
 
 Nays ,.. , 5 
 
 Those voting in the affirmative are : 
 
 Messrs. Allen, Bate, Baxter, Brandon, Branson, Britton, Brooks, 
 Brown of Davidson, Brown of Henry, etc., Burkett, Burton, Carter, 
 Chowning, Coffin, Cummings, Cypert, Deaderick, Dibbrell, Doherty, 
 Dromgoole, Fentress, Fielder, Fulkerson, Gardner, Garner, Gibbs, 
 Gibson, Gordon, Hill of Warren, Hill of Gibson, House of William- 
 son, House of Montgomery, etc., Ivie, Jones of Giles, Kennedy, 
 Key, Mabry, McDougal, McNabb, Meeks, Morris, Nicholson, Por- 
 ter of Haywood, Porter of Henry, Sample, Seay, Shepard, Shelton, 
 Stephens, Taylor, Thompson of Davidson, Walters and Wright 54. 
 
 Those voting in the negative are : 
 
 Messrs. Henderson, Kyle, Martin, Netherland and Warner 5. 
 
 THE AMENDED CONSTITUTION. 
 
 Mr. BAXTER moved that the Convention proceed to read the 
 amended Constitution. 
 
 Mr. NETHERLAND demanded the yeas and nays, and the motion 
 was adopted : 
 
 Yeas 31 
 
 Nays .29 
 
 Those voting in the affirmative are : 
 
 Messrs. Allen, Bate, Baxter, Brandon, Brown of Henry, etc., 
 
395 
 
 Burkett, Carter, Dibbrell, Doherty, Fentress, Fielder, Gardner, 
 Garner, Gibbs, Gordon, Heiskell, Hill of Gibson, House of Wil- 
 liamson, House of Montgomery, etc., Kennedy, Mabry, McDougal, 
 Porter of Hay wood, Porter of Henry, Seay, Shepard, Shelton, 
 Stephens, Thompson of Maury, Turner and Williamson 31. 
 
 Those voting in the negative are : 
 
 Messrs. Branson, Britton, Brooks, Chowning, Coffin, Cummings, 
 Deaderick, Dromgoole, Fulkerson, Gibson, Henderson, Hill of War- 
 ren, Ivie, Jones of Giles, Key, Kyle, McNabb, Martin, Meeks, 
 Morris, Netherland, Nicholson, Parker, Sample, Taylor, Thompson 
 of Davidson, Walters, Warner and Wright 29. 
 
 In reading the Constitution it was discovered that the provision 
 .in relation to the State not being the owner or stockholder in any 
 bank was omitted, and it was ordered to be interlined. 
 
 NEW COUNTY. 
 
 Mr. SEAY offered the following as an independent Section to 
 Article II. 
 
 Resolved, That the new county provided to be established out of 
 fractions of Sumner, Macon and Smith counties when established, 
 shall be excepted out of the provisions of Section 29, of Article II, 
 requiring the assent of two-thirds of the votes cast at an election 
 for a county to become a stockholder with, or to give or loan its 
 credit to or in aid of any person, company, association or cor- 
 poration. 
 
 Which was adopted by the Convention. , 
 
 TAXES AND EXEMPTIONS. 
 
 Mr. STEPHENS moved a modification of Section 28, line four, by 
 adding after the word " producer " " and his immediate vendee." 
 
 Mr. GARDNER demanded the yeas and nays, which were order- 
 ed, and the amendment adopted. 
 
 Yeas ...45 
 
 Nays 14 
 
 Those voting in the affirmative are : 
 
 Messrs. Allen, BHzard, Brooks, Brown of Davidson, Brown of 
 Henry, etc., Burkett, Barton, Byrne, Carter, Chowning, Coffin, 
 Dibbrell, Doherty, Dromgoole, Fentress, Fielder, Fulkerson, Gibbs, 
 
396 
 
 Gordon, Heiskell, Henderson, Hill of Gibson, House of William- 
 son, Ivie, Jones of Giles, Kennedy, Key, Kyle, Mabry, McDougal, 
 McNabb, Martin, Meeks, Nicholson, Porter of Hay wood, Seay, 
 Stephens, Taylor, Thompson of Davidson, Thompson of Maury, 
 Turner, Walters, Warner and Williamson 45, 
 
 Those voting in the negative are : 
 
 Messrs. Baxter, Brandon, Branson, Britton, Gardner, Garner, 
 Gaut, Gibson, Hill of Warren, House of Montgomery, etc., Morris, 
 Netherland, Parker and Wright 14. 
 
 SUSPENSION OF RULES. 
 
 Mr. KYLE moved to suspend the rule, which requires a motion 
 to reconsider to be made within two days after a vote has been 
 taken. 
 
 Mr. THOMPSON, of Maury, offered the following resolution : 
 
 Resolved, That any rule of this Convention requiring a majority 
 of two-thirds to take any motion to reconsider from the table be re- 
 pealed, and it is declared to be the sense of this Convention that a 
 majority can take from the table any motion to. reconsider any vote 
 of this Convention. 
 
 Mr, THOMPSON, of Maury, moved to, suspend the rules to take 
 up the resolution. 
 
 Mr. JONES, of Giles, demanded the yeas and nays to suspend the 
 rule, which were ordered and the motion sustained : 
 
 Yeas 32 
 
 Nays 30 
 
 Those voting in the affirmative are: 
 
 Messrs. Arledge, Blizard, Britton, Brooks, Brown of Henry, 
 etc., Chowning, Coffin, Cummings, Deaderick, Dibbrell, Doherty, 
 Henderson, Hill of Warren, Hill of Gibson, Ivie, Key, Kyle, 
 Mabry, McDougal, McNabb, Martin, Meeks, Morris, Netherland, 
 Nicholson, Parker, Seay, Taylor, Thompson of Davidson, Thompson 
 of Maury, Walters and Warner 32. 
 
 Those voting in the negative are : 
 
 Messrs. Brandon, Branson, Brown of Davidson, Burkett, Burton, 
 Byrne, Carter, Dromgoole, Fentress, Fielder, Finley, Fulkersun, 
 Gardner, Garner, Gaut, Gibbs, Gibson, Gordon, Heiskell, House of 
 
397 
 
 "Williamson, House of Montgomery, etc., Jones of Giles, Kennedy, 
 Porter of Haywood, Shepard, Staley, Stephens, Turner, Williamson 
 and Wright 30. 
 
 Mr. KKXXEDY moved to lay the resolution on the table, which 
 was adopted : 
 
 Yeas 35 
 
 Nays ,.,.. 30 
 
 Those voting in the affirmative are : 
 
 Messrs. Allen, Baxter, Blizard, Brandon, Brown of Davidson, 
 Brown of Henry, etc.. Burkett, Burton, Carter, Coffin, Cummings, 
 Doherty, Dromgoole, Fen tress, Fielder, Finley, Gardner, Garner, 
 Gaut, Gibbs, Gibson, Gordon, Hill of Gibson, House of Williamson, 
 House of Montgomery, etc., Jones of Giles, Kennedy, Key, Porter 
 of Haywood, Shepard, Staley, Stephens, Turner, Williamson and 
 Wright 35. 
 
 Those voting in the negative are : 
 
 Messrs. Arledge, Branson, Britton, Brooks, Byrne, Chowning, 
 Cypert, Deaderick, Dibbrell, Fulkerson, Heiskell, Henderson, Hill 
 of Warren, I vie, Kyle, Mabry, McDougal, McNabb, Martin, Meeks, 
 Morris, Netherland, Nicholson, Parker, Seay, Taylor, Thompson of 
 Davidson, Thompson of Maury, Walters and Warner 30. 
 
 POLL TAX. 
 
 On motion of Mr. BRANDON Article IV, Section 1, was amend- 
 ed by adding after the word " poll tax " " assessed against him " 
 and it was ordered that the alteration be made in the enrolled copy 
 of the Constitution. 
 
 PROTESTS. 
 
 Mr. NETHERLAXD presented the following protest : 
 
 The undersigned respectfully present to the Convention their 
 protest against the action of this Honorable Body in requiring from 
 every voter proof that he has paid his poll tax before he shall be 
 allowed to vote in the elections in this State. 
 
 Their protest is made for the following reasons : 
 
 1. The elective franchise is a right, dear to every freeman, and 
 necessary to protect him from unjust and unequal laws. 
 
 2. This provision may, and in some instances will prevent citi- 
 zens from voting, as they may not have paid a poll tax because they 
 have not been called on by the collector, or have been absent from 
 home. 
 
398 
 
 3, The provision discriminates in favor of the land holder, and 
 against the citizen who owns no land, and who is only liable for a 
 poll tax. Because the land holder is not bound to show by proof 
 that he has paid the taxes due on his lands, and his age, in many 
 instances, will be such as to exempt him from the payment of any 
 poll tax. And the poor citizen can with justice say, " that you re- 
 quire me to pay the " uttermost farthing," all that I owe to the 
 State, though I am poor, whilst my wealthy neighbor, who owns 
 lands to the value of many thousand dollars, on which the taxes are 
 due and unpaid, and when he is exempt by age from the payment 
 of a poll tax, is allowed to vote, and therefore the provision of the 
 Constitution is unjust and unequal, and discriminates in favor of the 
 wealthy against the poor citizen. 
 
 4. The people of Tennessee have lately been relieved I from the 
 necessity of oaths and certificates before voting. This, to some ex- 
 tent, renews a system which the past has shown to be odious to the 
 voters of the State. And although we will support the amended 
 Constitution, as we believe it better than the old one, yet, we pro- 
 test respectfully, but earnestly, against that feature which is con- 
 tained in it, requiring proof of the payment of the poll tax before 
 voting. 
 
 JOHN NETHERLAND, 
 A. A. KYLE, 
 THOS. C. MORRIS, 
 G. W WALTERS, 
 JAMES BRITTON, 
 T. B. IVIE, 
 MATT. MARTIN, 
 M. McNABB. 
 
 Mr. FENTKESS presented the following protest : 
 
 We protest against the adoption of the majority report of the 
 Committee on Franchise and Elections, not only for the reasons as- 
 signed in the report of the minority of that Committee, but for the 
 reason that it forces the people to endorse negro suffrage in that, if 
 the people vote against the adoption of the Constitution as submit- 
 ted, and thereby defeat it, they will be left as they are now, dis- 
 franchised, while the negro will remain an actual voter, (though we 
 deny he would be legally so,) so that whether ratified or rejected the 
 negro will be an actual voter. In one event the white man may 
 lose his right to the elective franchise, under the present arbitrary 
 laws, while the negro, in any event, is in tjie actual possession of a 
 franchise that he has no capacity to exercise or appreciate. 
 
 We hold that this Convention has no right to force negro suf- 
 frage n<pon the people of Tennessee. 
 
399 
 
 We hold further, that by adopting this principle of practical 
 equality of races, it is a direct encouragement of a party whose 
 object is, by usurpation, to destroy our republican system and to es- 
 tablish in its stead a consolidated despotism. 
 
 JAMES FENTRESS, 
 
 Of Hardeman. 
 
 WM. BLOUNT CARTER, 
 Of Carter. 
 
 WM. H. WILLIAMSON, 
 Of Wilson. 
 
 S. G. SHEPARD, 
 
 Of Wilson. 
 
 THANKS. 
 
 Mr. PORTER, of Henry, offered the following resolution : 
 
 Rcwfaed, That the thanks of the Convention are hereby tendered 
 to Messrs. Jos. A. MABRY & Co., for gratuitously furnishing the 
 delegates copies of their able paper, the Daily Knoxville Whig, 
 during the entire session. 
 
 The rules were suspended and the resolution unanimously 
 adopted. 
 
 THE CONSTITUTION. 
 
 Mr. JONES, of Gile,, offered the following resolution : 
 
 Resolved, That this Convention will meet in this hall on to-mor- 
 row morning at half-past nine o'clock and resume the reading of 
 the Constitution, and when the same shall be finished, the same will 
 be signed by such delegates as may desire to do so, and no other 
 business shall be in order or entertained by the Chair, until the 
 Constitution shall be read and signed, when the President will ad- 
 journ this Convention without day. 
 
 Which, under a suspension of the rules, was adopted. 
 
 EXPENDITURES. 
 
 Mr. WILLIAMSON, from the Committee ofi Expenditures, made 
 the following report : 
 
400 
 
 STATE OF TENNESSEE 
 
 In account with 
 MEMBERS OF THE STATE CONSTITUTIONAL CONVENTION, 
 
 
 si 
 
 n 
 
 1 
 I 
 
 l);n> 
 Attend'e! 
 
 Per diem i 
 
 1 
 
 H 
 
 
 122 
 168 
 438 
 526 
 112 
 412 
 220 
 574 
 674 
 150 
 
 $ 19 52 
 25 88 
 70 08 
 84 16 
 17 92 
 65 92 
 35 20 
 91 84 
 107 84 
 24 00 
 
 45 
 45 
 45 
 45 
 45 
 45 
 45 
 45 
 45 
 45 
 45 
 45 
 5 
 45 
 45 
 45 
 45 
 45 
 45 
 45 
 45 
 45 
 45 
 45 
 45 
 45 
 45 
 45 
 45 
 45 
 45 
 45 
 45 
 45 
 
 $180 
 180 
 180 
 180 
 180 
 180 
 180 
 180 
 180 
 180 
 180 
 180 
 180 
 180 
 180 
 180 
 180 
 180 
 180 
 180 
 180 
 180 
 180 
 180 
 180 
 180 
 180 
 180 
 180 
 180 
 180 
 180 
 180 
 180 
 
 $ 199 52 
 205 88 
 250 08 
 264 16 
 197 92 
 245 92 
 215 20 
 276 85 
 287 84 
 204 00 
 180 00 
 217 76 
 252 00 
 189 60 
 223 20 
 23440 
 301 92 
 26000 
 252 64 
 197 92 
 210 72 
 304 16 
 20400 
 207 52 
 209 12 
 190 56 
 24336 
 24080 
 271 52 
 287 20 
 226 40 
 188 00 
 237 60 
 228 00 
 
 
 
 Baxter, John 
 
 Blackburn Joseph H 
 
 Blizardj Archibald 
 
 
 
 Britton James . . 
 
 Brooks E, P 
 
 Brown NeillS 
 
 
 236 
 450 
 60 
 270 
 340 
 762 
 500 
 454 
 112 
 192 
 776 
 150 
 172 
 182 
 66 
 396 
 380 
 572 
 670 
 290 
 50 
 360 
 300 
 
 37 76 
 7lTifc 
 9 60 
 43 20 
 54 40 
 121 92 
 80 00 
 72 64 
 17 92 
 30 72 
 124 16 
 24 00 
 27 52 
 29 12 
 10 56 
 63 36 
 60 80 
 91 52 
 107 20 
 46 40 
 8 00 
 57 60 
 48 00 
 
 Burkett T M 
 
 
 
 Campbell Alex W 
 
 Carter Wm B 
 
 
 
 
 
 Deaderick W V 
 
 Deavenport, T. D 
 
 Dibbrell Geo. G 
 
 Doherty W F 
 
 
 
 Fielder A T 
 
 Finley W. H 
 
 Fulkerson P G .: 
 
 
 
 Gant S P 
 
 Gibbs, Chas. N 
 
 
401 
 
 EXPENSE ACCOUNT, [Continued.'] 
 
 
 T3 
 II 
 
 as 
 
 H 
 
 S, 
 1 
 
 3 
 
 Days 1 
 Attend'e 
 
 Per diem 
 
 1 
 
 Gibson H. R 
 
 606 
 122 
 472 
 302 
 150 
 326 
 36 
 120 
 126 
 244 
 156 
 125 
 302 
 728 
 678 
 526 
 341 
 660 
 162 
 425 
 80 
 678 
 88 
 236 
 360 
 650 
 622 
 84 
 50 
 574 
 472 
 472 
 264 
 6 
 88 
 52 
 320 
 118 
 60 
 214 
 
 $ 96 96 
 19 52 
 75 52 
 48 52 
 24 00 
 52 16 
 5 76 
 
 iy 20 
 
 :!(.) 16 
 39 04 
 24 96 
 20 00 
 48 52 
 116 48 
 108 48 
 84 16 
 54 41 
 105 60 
 25 92 
 68 00 
 12 80 
 108 48 
 14 08 
 37 76 
 57 60 
 104 00 
 99 52 
 13 44 
 8 00 
 91 84 
 75 52 
 75 52 
 42 24 
 96 
 14 08 
 8 32 
 51 20 
 18 88 
 9 60 
 34 24 
 
 45 
 45 
 45 
 45 
 45 
 45 
 45 
 45 
 45 
 45 
 45 
 45 
 45 
 45 
 45 
 45 
 45 
 45 
 45 
 45 
 45 
 45 
 15 
 45 
 45 
 45 
 45 
 45 
 45 
 45 
 45 
 45 
 45 
 45 
 45 
 45 
 45 
 45 
 45 
 45 
 
 $180 
 180 
 180 
 180 
 180 
 180 
 180 
 180 
 180 
 180 
 180 
 180 
 180 
 180 
 180 
 180 
 180 
 180 
 180 
 180 
 180 
 180 
 180 
 180 
 180 
 180 
 180 
 180 
 180 
 180 
 180 
 180 
 180 
 180 
 180 
 180 
 180 
 180 
 180 
 180 
 
 $ 276 96 
 39952 
 25552 
 228 52 
 20400 
 232 16 
 185 76 
 199 20 
 200 16 
 21904 
 20496 
 20000 
 228 32 
 296 48 
 288 48 
 264 1(5 
 23441 
 285 60 
 205 92 
 24800 
 192 80 
 288 48 
 194 08 
 217 76 
 237 60 
 284 00 
 279 52 
 19344 
 188 00 
 271 84 
 255 52 
 255 52 
 222 '24 
 180 96 
 19408 
 18832 
 231 20 
 198 88 
 189 60 
 214 24 
 
 Gordon, Boiling 
 
 Heiskell, J. B 
 
 Henderson, Richard 
 
 Hill, H. L. W 
 
 Hill, Sparrel 
 
 House Samuel S 
 
 House, John T 
 
 Ivie, T. B 
 
 Jones, Geo. "W 
 
 Jones, Thomas M 
 
 Kennedy I) N 
 
 Kev D M 
 
 Kirkpatrick, S. J 
 
 Kyle, A. A 
 
 IVIabry Jos A 
 
 McDougal A G 
 
 McNabb M ... 
 
 Martin Mutt 
 
 
 IV'lorris Thomas C * 
 
 .N ctl i erland, John 
 
 Nicholson, A. O. P , 
 
 
 Porter Geo C 
 
 Parker, James C 
 
 Sam pie, William 
 
 Seay, Geo. E 
 
 Shepard, S. G 
 
 Shelton, E. H 
 
 Staley, W. B 
 
 Stephens W. H 
 
 Taylor John M 
 
 Thompson John C 
 
 Thompson \V r Vance 
 
 Turner, James J 
 
 Walters, Geo W 
 
 
 Williamson, W. H 
 
 Wright W M 
 
 26 
 
402 
 
 EXPENSE ACCOUNT, [Continued.'] 
 
 
 Miles 
 Travel 'd 
 
 
 
 So 
 
 S 
 i 
 
 1 
 
 Per diem 
 
 1 
 
 
 156 
 
 $ 24 56 
 
 45 
 
 $?70 
 
 $ 294 96 
 
 
 
 
 45 
 
 270 
 
 27000 
 
 
 
 
 T^r - TVine W Acm't SecV 
 
 
 45 
 
 270 
 
 270 00 
 
 TZTrio W S RPP AWt Secretary .. 
 
 
 
 
 45 
 
 270 
 
 270 00 
 
 
 
 
 
 
 
 45 
 
 180 
 
 18000 
 
 
 
 
 Bennett, John E., Ass't Doorkeeper 
 
 
 
 45 
 
 180 
 
 18000 
 
 
 
 
 
 
 45 
 
 180 
 
 18000 
 
 
 
 
 45 
 
 180 
 
 18000 
 
 
 
 
 Allowance to T. E. S. Eusswurm 
 
 
 
 
 
 
 Secretary, for copying the Journal, 
 
 
 
 
 
 
 Reports of the Committees and 
 
 
 
 
 
 
 other documents necessary to be 
 
 
 
 
 
 
 copied and indexing the same and 
 superintending the printing of the 
 
 
 
 
 
 40000 
 
 
 
 
 
 
 Total amount of accounts of officers 
 
 
 
 
 
 
 _ f? j-l~ f* /~^/-\T* TT/iYi 1 f\~n 
 
 
 
 
 
 1930 00 
 
 
 
 THE STATE OF TENNESSEE 
 
 In Account Current, as follows : 
 
 For sundry expenses incurred by the Convention, assembled at 
 Nashville, on the tenth day of January, one thousand eight hun- 
 dred and seventy (1870), for the purpose of revising, amending 
 or forming anew the Constitution of said State. 
 
 Voucher No. 
 
 Account. 
 
 Amount. 
 
 Voucher No. 1 
 
 . u 
 
 Voucher No. 2 
 
 Aggregate due members as mileage 
 Aggregate due delegates as per diem.... 
 Aggregate amount due officers of the 
 
 $ 3742 76 
 13590 00 
 
 1930 00 
 
 
 To J. O. Griffith & Co., and Roberts & 
 Purvis $102 60 each 
 
 205 20 
 
 Voucher No. 3 
 
 Amount due Jones, Purvis & Co., (Pub. 
 
 943 38 
 
 \ T rmr>lipr ~NV>- 4 
 
 Amount of Buck, Barnes & Co... 
 
 54 00 
 
403 
 
 ACCOUNT CURRENT, [Continued.] 
 
 Voucher No. 
 
 Account. 
 
 Amount. 
 
 Voucher No. 5 
 
 Account of Paul, Tavel & Hanner, (Sta- 
 
 $ 124 90 
 
 Voucher No. 6 
 Voucher No. 7 
 
 Account of Hicks, Houston & Co 
 Account of W. T. Berry & Co., (Book- 
 
 2 50 
 341 46 
 
 Voucher No. 8 
 Voucher No. 9 
 
 Account of A. A. Lemmon (receipted).. 
 Balance of account of Buck, Barnes & 
 Co 
 
 2 00 
 1 50 
 
 Voucher No. 10 
 
 Account of W. H. Woodcock & Co., 
 (for Coal) 
 
 50 00 
 
 Voucher No. 11 
 
 Account of W. H. Woodcock & Co., 
 (for Coal) 
 
 5 00 
 
 
 Allowance to T. E. S. Eusswurm, Sec'y, 
 to purchase stationery 
 
 25 00 
 
 
 Allowance to Dan Adams, for engrav- 
 ing Constitution 
 
 225 00 
 
 
 
 
 All of which is respectfully submitted by the Committee, 
 
 W. H. WILLIAMSON, 
 
 Chairman. 
 
 GEO. C. PORTER, 
 T. W. BURKETT, 
 
 Committee. 
 
 The report was read, adopted and ordered to be certified to the 
 Treasurer of the State. 
 
 The Convention then adjourned until to-morrow morning. 
 
404 
 
 WEDNESDAY MORNING, FEBRUARY 23, 1870, 
 
 The Convention met pursuant to adjournment, Mr. President 
 BROWN in the Chair. 
 
 The Rev. Mr. CARTER, a member of the Convention, offered the 
 following prayer : 
 
 Almighty God ! we adore Thee as the King of Kings and the 
 Lord of Lords, and we desire to render unto Thee the homage 
 which is justly due to Thy holy and reverend name! We ac- 
 knowledge Thee as the author of all the blessings we have received, 
 both as individuals and as a nation ! Thou hast given to us this 
 pleasant land, flowing with milk and honey, for our inheritance ; 
 and Thou hast also given to us the priviliges of free men. For 
 "TEese" great ^ and priceless mercies we thank Thee ! And while we 
 thank Thee for our mercies, wfe_pray~that. none of our blessings 
 may be taken from, us, but that Thou wouldst continue to guide us, 
 and to shield us from every danger, both from without and from 
 within. May the wounds of the past be healed ; may the wrongs 
 we have done each other be forgiven and forgotten, and may the 
 hearts of all our people be bound together with such cords of love 
 as cannot be broken. We thank Thee for the peace and harmony 
 which have prevailed in this body ; and we also thank Thee that 
 we, who but a little while ago, were enemies, and were engaged in 
 deadly strife with each other, have learned how much more pleasant 
 and profitable it is for brethren to dwell together in unity. 
 
 God of our fathers ! spread Thy protecting wings over this great 
 people, and let us learn war no more ; but may we study those 
 things which will best secure the peace and prosperity of our 
 beloved country. 
 
 We know that we shall see each other's faces in the flesh no 
 more ; nevertheless, may the friendships we have here formed be 
 lasting. We know that with many of us the work of life is well 
 nigh finished ; therefore we humbly pray, in the name of Thy Son, 
 that when earth's fitful scenes are ended, and when heart and flesh 
 shall fail us, Thou wouldst receive each and every one of us to 
 Thyself in heaven, through Jesus Christ, our Lord, our King and 
 our Redeemer ! Amen. 
 
 EXPENDITURES. 
 
 On motion of Mr. WILLIAMSON, it was ordered that Daniel 
 
405 
 
 Adams be allowed two hundred and twenty-five dollars for enroll- 
 ing the amended Constitution on parchment. 
 
 On motion of Mr. KENNEDY, the Convention took a recess one 
 hour. 
 
 FILLING OFFICES. 
 
 Upon reassembling, Mr. NICHOLSON offered the following as an 
 independent section : 
 
 " No county office created by the Legislature shall be filled other- 
 wise than by the people or the County Court." 
 
 On motion of Mr. NICHOLSON, the rules were suspended and the 
 section unanimously adopted. 
 
 EXPENDITUEES. 
 
 Mr. GARNER offered the following resolution : 
 
 Resolved, That Messrs. Roberts & Purvis, publishers of the Re- 
 publican Banner, and Messrs. J. O. Griffith & Co., publishers of 
 the Union and American, be paid the sum of $102 60 each for fur- 
 nishing to the Convention eighty copies per day of said papers from 
 January 10th, 1870, to February 23rd, 1870. 
 
 On motion of Mr. GARNER, the rules were suspended and the 
 resolution adopted. 
 
 THANKS. 
 
 Mr. NICHOLSON offered the following resolution : 
 Resolved unanimously, That the thanks of this Convention are 
 tendered to the Hon. John C. Brown for the courtesy, promptness, 
 impartiality and ability with which he has discharged the duties of 
 presiding officer. 
 
 Which was unanimously adopted. 
 
 The President made a suitable acknowledgment of the compli- 
 ments contained in the resolution. 
 
 Mr. PORTER, of Henry, offered the following resolution : 
 
 Resolved, That the thanks of the Convention be hereby tendered 
 to T. E. S. Russwurm, Secretary, Thos. W. Jones, Assistant Secre- 
 tary, W. S. Kyle, Second Assistant Secretary, L. G. Stewart, Door- 
 keeper, John E. Bennett, Assistant Doorkeeper, H. N. C. Davis, 
 Messenger, and Henry Pearl, Porter, for the faithful manner in 
 which their duties have been performed. 
 
 Which was unanimously adopted. 
 
406 
 
 DELIVERY OF CONSTITUTION TO THE GOVERNOR. 
 
 Mr. BROWN, of Davidson, offered the following resolution : 
 Resolved, That when this Convention shall have adjourned sine 
 die the members will proceed in a body to the Capitol, bearing with 
 them the Constitution, enrolled on parchment, and deposit the same 
 with the Governor of the State. 
 
 That they will embrace the opportunity thus afforded to call upon 
 the Governor and the two Houses of the General Assembly with a 
 view of tendering our respects and renewing the assurances of re- 
 gard. 
 
 Which was adopted. 
 
 Thereupon the President appointed Messrs. HOUSE, of William- 
 son, GARDNER and KYLE, to wait on the Governor and the Gen- 
 eral Assembly, and to notify them of the intended visit. 
 
 The Convention resumed the reading of the amended Constitu- 
 tion. 
 
 ORDINANCE. 
 
 1st. Be it ordained by the Convention, That it shall be the duty 
 of the several officers of the State authorized by law to hold elec- 
 tions for members of the General Assembly and other officers, to 
 open and hold an election at the places of holding elections in their 
 respective counties, on the fourth Saturday in March, 1870, for the 
 purpose of receiving the votes of such qualified voters as may de- 
 sire to vote for the ratification or rejection of the Constitution re- 
 commended by this Convention. And the qualification of voters in 
 said election shall be the same as that required in the election of 
 delegates toi this Convention. 
 
 2d. It shall be the duty of said returning officers, in each county in 
 /this State, to enroll the name of each voter on the poll-books pre- 
 pared for said election, and shall deposit each ballot in the ballot- 
 boxes respectively^ Each voter, who wishes to ratify the new Con- 
 stitution, shall have written or printed on his ticket the words 
 " New Constitution," or words of like import, and each voter, who 
 wishes to vote against the ratification of the new Constitution, shall 
 have written or printed on his ticket the words " Old Constitution/' 
 or words of like import. 
 
 3d. The election shall be held, and the judges and clerks shall be 
 appointed, as in case of the election of the members of the General 
 Assembly ; and the returning officers, in the presence of the judges 
 or inspectors, shall count the votes given for the "New Constitu- 
 tion," and those given for the " Old Constitution," of which they 
 
407 
 
 shall keep a correct estimate in said poll-books. They shall de- 
 posit the original poll-books of said election with the Clerks of the 
 County Courts in the respective counties, and shall, within five 
 days after the election, make out accurate statements of the number 
 of votes in thei* respective counties for and against the new Con- 
 stitution, and immediately forward by mail a copy of said certifi- 
 cates to the Governor, and one to the Speaker of the Senate. So 
 soon as the poll-books are deposited with the County Court Clerks, 
 they shall certify to the President of the Convention an accurate 
 statement of the number of votes for and against the " New Con- 
 stitution," as appears in said poll-books. And if any of said re- 
 turning officers shall fail to make the returns herein provided for 
 within the time required, the Governor shall be authorized to send 
 special messengers for the result of the votes in those counties 
 where officers have so failed to make returns. 
 
 4th. Upon the receipt of said returns, it shall be the duty of the 
 Governor, Speaker of the Senate, and President of this Convention, 
 or any two of them, to compare the votes cast in said election, and 
 if it shall appear that a majority of all the votes cast for and against 
 the new Constitution, was for the " New Constitution," it shall be 
 the duty of the Governor, Speaker of the Senate, and President of 
 this Convention, or any two of them, to append a certificate of the 
 result to the Constitution, from which time the Constitution shall 
 be ordained and established as the Constitution of Tennessee, and 
 the Governor shall forthwith make proclamation of the fact that 
 the Constitution has been ordained and established. 
 
 5th. The Governor of the State is requested to issue his procla- 
 mation as to the election on the 4th Saturday in March, 1870, 
 herein provided for. 
 
 EXPLANATION. 
 
 Mr. FENTRESS presented the following explanation, before affix- 
 ing his name to the Constitution : 
 
 I sign my name to this Constitution merely to attest its genuine- 
 ness, and to certify that it has been adopted by a majority ol this 
 Convention. As there have been words incorporated in it urging 
 or recommending that the people of Tennessee adopt it, I feel it 
 due to my people and myself so make this explanation. 
 
 For my position I refer to my record on the Journal. Time will 
 disclose and posterity realize which of us is right. If the majority 
 who have adopted this Constitution are right, and my fears un- 
 founded, I will rejoice that their superior wisdom controlled our 
 action. If the minority is right, and history shall declare that the 
 action of the majority has tended to hasten our people into anarchy, 
 or a consolidated despotism, a clear conscience shall be my reward. 
 
408 
 
 Mr. CARTER, before signing the Constitution, gave the reasons 
 in substance as above. 
 
 ABSENT MEMBERS TO SIGN AT PLEASURE. 
 
 Mr. HOUSE, of Williamson, offered the following resolution : 
 
 Resolved, That those members of the Convention who have not 
 signed the Constitution, and who are absent from sickness or other 
 cause, be permitted to sign the Constitution at their pleasure. 
 
 Which was adopted by the Convention. 
 
 The Convention then adjourned sine die. 
 
 JOHN C. BROWN, President. 
 Attest: 
 
 T. E. S. RUSSWURM, Secretary. 
 
CONSTITUTION 
 
THE CONSTITUTION 
 
 OF THE 
 
 STATE OF TENNESSEE, 
 
 ADOPTED IN CONVENTION AT NASHVILLE, FEBRUARY 23d, 18*0. 
 
 PREAMBLE AND DECLARATION. 
 
 WHEREAS, The people of the territory of the United States 
 south of the River Ohio, having the right of admission into the 
 General Government as a member State thereof, consistent with the 
 Constitution of the United States, and the act of cession of the 
 State of North Carolina, recognizing the ordinance for the govern- 
 ment of the territory of the United States northwest of the Ohio 
 River, by their Delegates and Representatives in Convention as- 
 sembled, did, on the sixth day of February, in the year of our Lord 
 one thousand seven hundred and ninety-six, ordain and establish a 
 Constitution, or form of government, and mutually agreed with 
 each other to form themselves into a free and independent State, by 
 the name of the State of Tennessee ; and, 
 
 WHEREAS, The General Assembly of the said State of Tennessee 
 (pursuant to the third section of the tenth article of the Constitu- 
 tion,) by an act passed on the 27th da^ of November, in the year 
 of our Lord one thousand eight hundred and thirty-three, entitled, 
 " An Act to provide for the calling of a Convention, passed in 
 obedience to the declared will of the voters of this State, as ex- 
 pressed at the general election of August, in the year of our Lord 
 one thousand eight hundred and thirty-three, did authorize and 
 provide for the election by the people of delegates and representa- 
 
412 
 
 tives, to meet at Nashville, in Davidson County, on the third Mon- 
 day in May, in the year of our Lord one thousand eight hundred 
 and thirty-four, for the purpose of revising and amending, or chang- 
 ing the Constitution; and said Convention did accordingly meet 
 and form a Constitution, which was submitted to the people, and 
 was ratified by them, on the first Friday in March, in the year of 
 our Lord one thousand eight hundred and thirty-five - r and, 
 
 WHEREAS, The General Assembly of said State of Tennessee, 
 under and in virtue of the first section of the first article of the 
 Declaration of Rights, contained in and forming a part of the exist- 
 ing Constitution of the State, by an act passed on the 15th day of 
 November, in the year of our Lord, r one thousand eight hundred 
 and sixty-nine, did provide for the calling of a Convention by the 
 people of the State, to meet at Nashville on the second Monday in 
 January, in the year of our Lord, one thousand eight hundred and 
 seventy, and for the election of delegates for the purpose of amend- 
 ing or revising the present Constitution, or forming and making a 
 new Constitution; and> 
 
 WHEREAS, The people of the State, in the mode provided by 
 said Act, have called said -Convention, and elected delegates to rep- 
 resent them therein ; Now, therefore, 
 
 We, the Delegates and Representatives of the people of the State 
 of Tennessee, duly elected, and in Convention assembled, in pursu- 
 ance of said Act of Assembly, have ordained and established the 
 following Constitution and form of government for this State, 
 which we recommend to the people of Tennessee for their ratifica- 
 tion : That is to say 
 
 ARTICLE I. 
 
 [DECLARATION OF RIGHTS. 
 
 SECTION 1. That all power is inherent in the people, and all free 
 governments are founded on their authority, and instituted for their 
 peace, safety, and happiness ; for the advancement of those ends they 
 have, at all times, an unalienable and indefeasible right to alter, re- 
 form, or abolish the government in such manner as they may think 
 proper. 
 
 S:EC. 2 t _ That government being instituted for the common benefit, 
 
413 
 
 the doctrine of non-resistance against arbitrary power and oppres- 
 sion is absurd, slavish, and destructive of the good and happiness 
 of mankind. 
 
 SEC. 3. That all men have a natural and indefeasible right to 
 worship Almighty God according to the dictates of their own con- 
 science ; that no man can, of right, be compelled to attend, erect, 
 or support any place of worship, or to maintain any minister, against 
 his consent ; that no human authority can, in any case whatever, 
 control or interfere with the rights of conscience ; and that no 
 preference shall ever be given, by law, to any religious establish- 
 ment or mode of worship. 
 
 SEC. 4. That no political or religious test, other than an oath to 
 support the Constitution of the United States and of this State, 
 shall ever be required as a qualification to any office or public trust 
 under this State. 
 
 JslEC. 5. That elections shall be free and equal, and the right of 
 
 /suffrage, as hereinafter declared, shall never be denied to any per- 
 
 /son entitled thereto, except upon a conviction by a jury of some in- 
 
 \famous crime, previously ascertained and declared by law, and judg- 
 
 metij^thereon by a court of competent jurisdiction. 
 
 SEC. 6. That the right of trial by jury shall remain inviolate, 
 and no religious or political test shall ever be required as a qualifi- 
 cation for jurors. 
 
 SEC. 7. That the people shall be secure in their persons, houses, 
 papers and possessions, from unreasonable searches and seizures; 
 and that general warrants, whereby an officer may be commanded 
 to search suspected places, without evidence of the fact committed, 
 or to seize any person or persons not named, whose offences are not 
 particularly described and supported by evidence, are dangerous to 
 liberty, and ought not to be granted. 
 
 SEC. 8. That no man shall be taken or imprisoned, or disseized of 
 his freehold, liberties or privileges, or outlawed, or exiled, or in 
 any manner destroyed, or deprived of his life, liberty, or property, 
 but by the judgment of his peers or the law of the land. 
 
 SEC. 9. That in all criminal prosecutions, the accused hath the 
 right to be heard by himself and his counsel ; to demand the nature 
 and cause of the accusation against him, and to have a copy thereof; 
 to meet the witnesses face to face ; to have compulsory process for 
 obtaining witnesses in his favor; and in prosecutions by indict- 
 
414 
 
 ment or presentment, a speedy public trial by an impartial jury of 
 the county in which the crime shall have been committed, and shall 
 not be compelled to give evidence against himself. 
 
 SEC. 10. That no person shall, for the same offence, be twice put 
 in jeopardy of life or limb. 
 
 SEC. 11. That laws made for the punishment of acts committed 
 previous to the existence of such laws, and by them only declared 
 criminal, are contrary to the principles of a free government; 
 wherefore no ex post facto law shall be made. 
 
 SEC. 12. That no conviction shall work corruption of blood or 
 forfeiture of estate. The estate of such persons as shall destroy their 
 own lives shall descend or vest as in case of natural death. If any 
 person be killed by casualty, there shall be no forfeiture in conse- 
 quence thereof. 
 
 SEC. 13. That no person arrested and confined in jail shall be 
 treated with unnecessary rigor. 
 
 SEC. 14. That no person shall be put to answer any criminal 
 charge but by presentment, indictment or impeachment. 
 
 SEC. 15. That all prisoners shall be bailable by sufficient sureties, 
 unless for capital offences, when the proof is evident or the pre- 
 sumption great. And the privileges of the writ of habeas corpus 
 shall not be suspended, unless when, in case of rebellion or invasion, 
 the General Assembly shall declare the public safety requires it. 
 
 SEC. 16. That excessive bail shall not be required, nor excessive 
 fines imposed, nor cruel and unusual punishments inflicted. 
 
 SEC. 17. That all courts shall be open ; and every man, for an in- 
 jury done him in his lands, goods, person or reputation, shall have 
 remedy by due course of law, and right and justice administered 
 without sale, denial, or delay. Suits may be brought against the 
 State in such manner and in such courts as the Legislature may by 
 law direct. 
 
 SEC. 18. The Legislature shall pass no law authorizing imprison- 
 ment for debt in civil cases. 
 
 SEC. 19. That the printing presses shall be free to every person 
 to examine the proceedings of the Legislature, or of any branch or 
 officer of the Government ; and no law shall ever be made to res- 
 train the right thereof. The free communication of thoughts and 
 opinions is one of the invaluable rights of man, and every citizen 
 may freely speak, write and print on any subject, being responsible 
 
415 
 
 for the abuse of that liberty. But in prosecutions for the publiea- 
 tion of papers investigating the official conduct of officers or men in 
 public capacity, the truth thereof may be given in evidence ; and 
 in all indictments for libel the jury shall have a right to determine 
 the law and the facts, under the direction of the court, as in other 
 criminal cases. 
 
 SEC. 20. That no retrospective law, or law impairing the obliga- 
 tions of contracts, shall be made. 
 
 SEC. 21. That no man's particular services shall be demanded, 
 or property taken or applied to public use, without the consent of 
 his representatives, or without just compensation being made there- 
 tor. 
 
 SEC. 22. That perpetuities and monopolies are contrary to the 
 genius of a free State, and shall not be allowed. 
 
 SEC. 23. That the citizens have a right in a peaceable manner to\ 
 
 semble together for their common .good, to instruct their repre- ) 
 -rntatlves, and to apply to those invested with the powers of gov-y 
 I eminent for redress of grievances, or other proper purposes, by ad^ 
 Ttress or remonstrance. 
 
 SEC. 24. That the sure and certain defense of a free people is a 
 well-regulated militia; and, as standing armies in time of peace are 
 dangerous to freedom, they ought to be avoided as far as the cir- 
 cumstances and safety of the community will admit ; and that in 
 all cases the military shall be kept in strict subordination to the 
 civil authority. 
 
 SEC. 25. That no citizen of this State, except such as are em- 
 ployed in the army of the United States, or militia in actual service, 
 shall be subjected to punishment under the martial or military law. 
 That martial law, in the sense of the unrestricted power of military 
 officers or others, to dispose of the persons, liberties or property of 
 the citizen, is inconsistent with the principles of free government, 
 and is not confided to any department of the government of this 
 State. 
 
 SEC. 26. That the citizens of this State have a right to keep and\ 
 /lo bear arms for their common defense. But the Legislature shall ) 
 have power, by law, to regulate the wearing of arms with a view^/ 
 to prevent crime. 
 
 . 27. That no soldier shall, in time of peace, be quartered in 
 
416 
 
 any house without the consent of the owner; nor in time of war 
 butt in a manner prescribed by law. 
 
 SEC. 28. That no citizen of this State shall be compelled to bear 
 arms, provided he will pay an equivalent, to be ascertained by 
 law. 
 
 SEC. 29. That an equal participation in the free navigation of the 
 Mississippi is one of the inherent rights of the citizens of this State; 
 it cannot, therefore, be conceded to any prince, potentate, power, 
 person or persons, whatever, 
 
 SEC, 30. That no hereditary emoluments, priviliges or honors, 
 shall be granted or conferred in this State. 
 
 SEC. 31. That the limits and boundaries of this State be 
 ascertained, it is declared they are as hereafter mentioned, that is to 
 say : Beginning on the extreme height of the Stone Mountain, at 
 -the place where the line of Virginia intersects it, in latitude thirty- 
 six degrees and thirty minutes north ; running thence along the ex- 
 treme height of the said mountain to the place where the Watauga 
 Elver breaks through it ; thence a direct course to the top of the 
 Yellow Mountain, where Brighfs road crosses the same ; thence 
 along the ridge of said mountain, between the w r aters of Doe Eiver 
 and the waters of Rock Creek, to the place where the road crosses 
 the Iron Mountain ; from thence, along the extreme height of said 
 mountain, to the place where Nolichucky River runs through the 
 same ; thence to the top of the Bald Mountain ; thence along the 
 extreme height of said mountain to the Painted Rock, on French 
 Broad River ; thence along the highest ridge of said mountain to 
 the place where it is called the Great Iron or Smoky Mountain 
 thence along the extreme height of said mountain to the place where 
 it is called Unicoi or Unaka Mountain, between the Indian towns 
 of CWee and Old Chota ; thence along the main ridge of the said 
 mountain to the southern boundary of this State, as described in the 
 act of cession of North Carolina to the United States of America; 
 and that all the territory, lands and waters, lying west of the said 
 line, as before mentioned, and contained within the chartered limits 
 of "the State of North Carolina, are within the boundaries and lim- 
 its of this State, over which the people have the right of exercising 
 sovereignty, and the right of soil, so far as is consistent with the 
 Constitution of the United States, recognizing the Articles of Con- 
 federation, .the Bill of Rights, and Constitution of North Carolina, 
 
417 
 
 the cession act of the said State, and the ordinance of Congress for 
 the government of the territory northwest of the Ohio ; Provided, 
 nothing herein contained shall extend to affect the claim or claims 
 of individuals to any part of the soil which is recognized to them 
 by the aforesaid cession act ; And, provided also, That the limits 
 and jurisdiction of this State shall extend to any other land and 
 territory now acquired, or that may hereafter be acquired, by com- 
 pact or agreement with other States or otherwise, although such 
 land and territory are not included within the boundaries hereinbe- 
 fore designated. 
 
 SEC. 32. That the erection of safe and comfortable prisons, and 
 inspection of prisons, and the humane treatment of prisoners shall 
 be provided for. 
 
 SEC. 33. That slavery and involuntary servitude, except as a pun- 
 ishment for crime, whereof the party shall have been duly con- 
 victed, are forever prohibited in this State. 
 
 SEC. 34. The General Assembly shall make no law recognizing 
 the right of property in man. 
 
 ARTICLE II. 
 
 DISTRIBUTION OF POWERS. 
 
 SECTION 1. The powers of the Government shall be divided into 
 three distinct Departments : The Legislative, Executive and Judi- 
 cial. 
 
 SEC. 2. No person or persons belonging to one of these depart- 
 ments shall exercise any of the powers properly belonging to either 
 of the others, except in the cases herein directed or permitted. 
 
 THE LEGISLATIVE DEPARTMENT. 
 
 SEC. 3. The Legislative authority of this State shall be vested in 
 a General Assembly, which shall consist of a Senate and House of 
 Representatives, both dependent on the people, who shall hold their 
 offices for two years from the day of the general election. 
 
 SEC. 4. An enumeration of the qualified voters, and an apportion- 
 ment of the Representatives in the General Assembly, shall be 
 made in the year one thousand eight hundred and seventy-one, and 
 within every subsequent term of ten years. 
 27 ' 
 
418 
 
 SEC. 5. The number of Representatives shall, at the several 
 periods of making the enumeration, be apportioned among the sev- 
 eral counties or districts, according to the number of qualified voters 
 in each, and shall not exceed seventy-five, until the population of 
 the State shall be one million and a half, and shall never exceed 
 ninety-nine : Provided, That any county having two-thirds of the 
 ratio shall be entitled to one member. 
 
 SEC. 6. The number of Senators shall, at the several periods of 
 making the enumeration, be apportioned among the several counties 
 or districts, according to the number of qualified electors in each, 
 and shall not exceed one-third the number of Representatives. In 
 apportioning the Senators among the different counties, the frac- 
 tion that may be lost by any county or counties, in the ap- 
 portionment of members to the House of Representatives, shall be 
 made up to such county or counties in the Senate as near as may be 
 practicable. When a district is composed of two or more counties, 
 they shall be adjoining, and no county shall be divided in forming 
 a district. 
 
 SEC. 7. The first election for Senators and Representatives shall 
 be held on the second Tuesday in November, one thousand eight 
 hundred and seventy ; and forever thereafter, elections for members 
 of the General Assembly shall be held once in two years, on the 
 first Tuesday after the first Monday in November. Said elections 
 shall terminate the same day. 
 
 SEC. 8. The first session of the General Assembly shall commence 
 on the first Monday in October, 1871, at which time the term of ser- 
 vice of the members shall commence, and expire on the first Tuesday 
 of November, 1872, at which session the Governor elected on the sec- 
 ond Tuesday in November, 1870, shall be inaugurated; and forever 
 thereafter, the General Assembly shall meet on the first Monday in 
 January next ensuing the election, at which session thereof the Gov- 
 ernor shall be inaugurated. 
 
 SEC. 9. No person shall be a Representative unless he shall be a 
 citizen of the United States, of the age of twenty-one years, and 
 shall have been a citizen of this State for three years, and a resident 
 in the county he represents one year immediately preceding the 
 election. 
 
 SEC. 10. No person shall be a Senator unless he shall be a citizen 
 of the United States, of the age of thirty years, and shall have re- 
 
419 
 
 sided three years in this State, and one year in the county or district 
 immediately preceding the election. No Senator or Representative 
 shall, during the time for which he was elected, be eligible to any 
 office or place of trust, the appointment to which is vested in the 
 Executive or General Assembly, except to the office of trustee 
 of a literary institution. 
 
 SEC. 11. The Senate and House of Representatives, when assem- 
 bled, shall each choose a Speaker and its other officers ; be judges of 
 the qualifications and elections of its members, and sit upon its own 
 adjournments from day to day. Not less than two- thirds of all the 
 members to which each house shall be entitled shall constitute a 
 quorum to do business; but a smaller number may adjourn from 
 day to day, and may be authorized by law to compel the attendance 
 of absent members. 
 
 SEC. 12. Each House may determine the rales of its proceedings, 
 punish its members for disorderly behavior, and, with the concur- 
 rence of two-thirds, expel a member, but not a second time for the 
 same offence ; and shall have all other powers necessary for a 
 branch of the Legislature of a free State. 
 
 SEC. 13. Senators and Representatives shall, in all cases except 
 treason, felony, or breach of the peace, be privileged from arrest 
 during the session of the General Assembly, and in going to and re- 
 turning from the same; and for any speech or debate in either 
 House they shall not be questioned in any other place. 
 
 SEC. 14. Each House may punish by imprisonment, during its ses- 
 sion, any person not a member, who shall be guilty of disrespect to 
 the House, by any disorderly or any contemptuous behavior in its 
 presence. 
 
 SEC. 15. When' vacancies happen in either House, the Governor 
 for the time being shall issue writs of election to fill such vacancies. 
 
 SEC. 16. Neither House shall, during its session, adjourn without 
 the consent of the other, for more than three days, nor to any other 
 place than that in which the two Houses shall be sitting. 
 
 SEC. 17. Bills may originate in either House ; but may be 
 amended, altered or rejected by the other. No bill shall become u 
 law, which embraces more than one subject ; that subject to be ex- 
 pressed in the title. All acts which repeal, revive or amend former 
 laws, shall recite in their caption or otherwise, the title or sub-stainv 
 of the law repealed, revived or amended. 
 
420 
 
 SEC. 18. Every bill shall be read once on three different days, and 
 be passed each time in the House where it originated / before trans- 
 mission to the other. No bill shall become a law until it shall have 
 been read and passed, on three different days in each House, and 
 shall have received on its final passage, in each House, the assent of 
 a majority of all the members to which that House shall be entitled 
 under this Constitution ; and shall have been signed by the respect- 
 ive Speakers in open session the fact of such signing to be noted 
 on the Journal ; and shall have received the approval of the Gov- 
 ernor, or shall have been otherwise passed under the provisions of 
 this Constitution. 
 
 SEC. 19. After a bill has been rejected, no bill containing the 
 same substance shall be passed into a law during the same session, 
 
 SEC. 20. The style of the laws of the State shall be, " Re it en- 
 acted by the General Assembly of the State cf Tennessee." No law 
 of a general nature shall take effect until forty days after its pas- 
 sage, unless the same or' the caption thereof shall state that the pub- 
 lic welfare requires that it should take effect sooner. 
 
 SEC. 21. Each House shall keep a journal of its proceedings, and 
 publish it, except such parts as the welfare of the State may require 
 to be kept secret ; the ayes and noes shall be taken in each House 
 upon the final passage of every bill of a general character, and bills 
 making appropriations of public moneys ; and the ayes and noes of 
 the members on any question, shall, at the request of any five of 
 them, be entered on the journal. 
 
 SEC. 22. The doors of each House and of Committees of the 
 Whole shall be kept open, unless when the business shall be such 
 as ought to be kept secret. 
 
 SEC. 23. The sum of four dollars per day, and' four dollars for 
 every twenty-five miles traveling to and from the seat of govern- 
 ment, shall be allowed to the members of each General Assembly 
 elected after the ratification of this Constitution, as a compensation 
 for their services. But no member shall be paid for more than 
 seventy-five days of a regular session, or for more than twenty days 
 of any extra or called session ; or for any day when absent from his 
 seat in the Legislature, unless physically unable to attend. The 
 Senators when sitting as a court of impeachment shall each receive 
 four dollars per day of actual attendance. 
 
 SEC. 24. No money shall be drawn from the treasury but in con- 
 
421 
 
 sequence of appropriations made by law ; and an accurate state- 
 ment of the receipts and expenditures of the public money shall be 
 attached to and published with the laws at the rise of each stated 
 session of the General Assembly. 
 
 SEC, 25. No person who heretofore hath been, or may hereafter 
 be, a collector or holder of public moneys, shall have a seat in either 
 House of the General Assembly, or hold any other office under the 
 State Government, until such person shall have accounted for and 
 paid into the treasury all sums for which he may be accountable or 
 liable, 
 
 SEC. 26. No Judge of any court of law or equity, S3creta>y of 
 State, Attorney-General, Register, Clerk of any Court of Record, or 
 person holding any office under the authority of the United States, 
 shall have a seat in the General Assembly, nor shall any person in 
 this State hold more than one lucrative office at the same time : 
 Provided, That no appointment in the militia, or to the office of 
 Justice of the Peace, shall be considered a lucrative office, or opera- 
 tive as a disqualification to a seat in either House of the General 
 Assembly. 
 
 SEC. 27. Any member of either House of the General Assembly 
 shall have liberty to dissent from and protest against any act or re- 
 solve which he may think injurious to the Public or to any indi- 
 vidual, and to have the reasons for his dissent entered on the jour- 
 nals. 
 
 SEC. 28, All property, real, personal or mixed, shall be taxed, 
 but the Legislature may except such as may be held by the State, 
 by counties, cities or towns, and used exclusively for public or cor- 
 poration purposes, and such as may be held and used for purposes 
 purely religious, charitable, scientific, literary or educational, and 
 shall except one thousand dollars' worth of personal property in the 
 hands of each tax-payer, and the direct product of the soil in the 
 hands of the producer and his immediate vendee. All property 
 shall be taxed according to its value, that value to be ascertained in 
 such manner as the Legislature shall direct, so that taxes shall be 
 equal and uniform throughout the State. No one species of prop- 
 erty from which a tax may be collected shall be taxed higher than 
 any other species of property of the same value. But the Legis- 
 lature shall have power to tax Merchants, Peddlers, and priv- 
 ileges, in such manner as they may from time to time direct. 
 
422 
 
 The portion of a Merchant's Capital used in the purchase of Mer- 
 chandise sold by him to non-residents and sent beyond the State, 
 shall not be taxed at a rate higher than the ad valorem tax on prop- 
 erty. The Legislature shall have the power to levy a tax upon in- 
 comes derived from stocks and bonds that are not taxed ad valorem. 
 All male citizens of this State over the age of twenty-one years, 
 except such persons as may be exempted by law on account of age 
 or other infirmity, shall be liable to a poll tax of not less than fifty 
 cents nor more than one dollar per annum. Nor shall any county 
 or corporation levy a poll tax exceeding the amount levied by the 
 State. 
 
 SEC. 29. The General Assembly shall have power to authorize the 
 several counties and incorporated towns in this State, to impose 
 taxes for county and corporation purposes respectively, in such man- 
 ner as shall be prescribed by law ; and all property shall be taxed 
 according to its value, upon the principles established in regard to 
 State taxation. But the credit of no County, City or Town shall be 
 given or loaned to or in aid of any person, company, association or 
 corporation, except upon an election to be first held by the qualified 
 voters of such County, City or Town, and the assent of three-fourths 
 of the votes cast at said election. Nor shall any County, City or 
 Town become a stockholder with others in any company, association 
 or corporation, except upon a like election and the assent of a like 
 majority. But the counties of Grainger, Hawkins, Hancock, 
 Union, Campbell, Scott, Morgan, Grundy, Sumner, Smith, Fen- 
 tress, Van Buren, and the new county herein authorized to be estab- 
 lished out of fractions of Sumner, Macon and Smith counties, White, 
 Putnam, Overton, Jackson, Cumberland, Anderson, Henderson, 
 Wayne, Cocke, Coffee, Macon, Marshall and Roane shall be excepted 
 out of the provisions of this section, so far that the assent of a ma- 
 jority of the qualified voters of either of said counties voting on 
 the question shall be sufficient, when the credit of such county is 
 given or loaned to any person, association or corporation : Provided, 
 That the exception of the counties above named shall not be in force 
 beyocd the year one thousand eight hundred and eighty, and after 
 that period they shall be subject to the three-fourths majority ap- 
 plicable to the other counties of the State. 
 
 SEC. 30. No article manufactured of the produce of this State 
 shall be taxed otherwise than to pay inspection fees. 
 
423 
 
 SEC. 31. The credit of this State shall not be hereafter loaned or 
 given to or in aid of any person, association, company, corporation, 
 or municipality ; nor shall the State become the owner, in whole or 
 in part, of any bank, or a stockholder with others in any associa- 
 tion, company, corporation, or municipality. 
 
 SEC. 32. No Convention or General Assembly of this State shall 
 act upon any amendment of the Constitution of the United States 
 proposed by Congress to the several States, unless such Convention 
 or General Assembly shall have been elected after such amendment 
 is submitted. 
 
 SEC. 33. No bonds of the State shall be issued to any railroad 
 company which, at the time of its application for the same, shall 
 be in default in paying the interest upon the State bonds previous- 
 ly loaned to it, or that shall hereafter and before such application, 
 sell or absolutely dispose of any State bonds loaned to it for less 
 than par. 
 
 ARTICLE III. 
 
 EXECUTIVE DEPARTMENT. 
 
 SECTION 1. The Supreme Executive power of this State shall be 
 vested in a Governor. 
 
 SEC. 2. The Governor shall be chosen by the electors of the mem- 
 bers of the General Assembly, at the time and places where they 
 shall respectively vote for the members thereof. The returns of 
 every election for Governor shall be sealed up, and transmitted to 
 the seat of government by the returning officers, directed to the 
 Speaker of the Senate, who shall open and publish them in the 
 presence of a majority of the members of each House of the Gen- 
 eral Assembly. The person having the highest number of votes 
 shall be Governor ; but if two or more shall be equal and highest in 
 votes, one of them shall be chosen Governor by joint vote of both 
 Houses of the General Assembly. Contested elections for Gover- 
 nor shall be determined by both Houses of the General Assembly > 
 in such manner as shall be prescribed by law. 
 
 SEC. 3. He shall be at least thirty years of age, shall be a citizen 
 
424 
 
 of the United States, and shall have been a citizen of this State 
 seven years next before his election. 
 
 SEC. 4. The Governor shall hold his office for two years, and un- 
 til his successor shall be elected and qualified. He shall not be 
 eligible more than six years in any term of eight. 
 
 SEC. 5. He shall be Commander-in-chief of the Army and Navy 
 of the State, and of the Militia, except when they shall be called 
 into the service of the United States; but the Militia shall not be 
 called into service except in case of rebellion or invasion, and then 
 only when the General Assembly shall declare by law that the 
 public safety requires it. 
 
 SEC. 6. He shall have power to grant reprieves and pardons, after 
 conviction, except in cases of impeachment. 
 
 SEC. 7. He shall, at stated times, receive a compensation for his ser- 
 vices, which shall not be increased or diminished during the period 
 for which he shall have been elected. 
 
 SEC. 8. He may require information,* in writing, from the officers 
 in the Executive Department, upon any subject relating to the du- 
 ties of their respective offices. 
 
 SEC. 9. He may, on extraordinary occasions, convene the General 
 Assembly by proclamation, in which he shall state specifically the 
 purposes for which they are to convene ; but they shall enter on no 
 legislative business except that for which they were specifically 
 called together. 
 
 SEC. 10. He shall take care that the laws be faithfully executed. 
 
 SEC. 11. He shall, from time to time, give to the General Assem- 
 bly information of the state of the government, and recommend for 
 their consideration such measures as he shall judge expedient. 
 
 SEC. 12. In case of the removal of the Governor from office, or of 
 his death or resignation, the powers and duties of the office shall 
 devolve on the Speaker of the Senate ; and in case of the death, re- 
 moval from office, or resignation of the Speaker of the Senate, the 
 powers and duties of the office shall devolve on the Speaker of the 
 House of Representatives. 
 
 SEC. 13. No member of Congress, or person holding any office 
 under the United States, or this State, shall execute the office of 
 Governor. 
 
 SEC. 14. When any officer, the right of whose appointment is by 
 this Constitution vested in the General Assembly, shall, during the 
 
425 
 
 recess, die, or the office, by the expiration of the term, or by other 
 means, become vacant, the Governor shall have the power to fill such 
 vacancy by granting a temporary commission, which shall expire at 
 the end of the next session of the Legislature. 
 
 SEC. 15. There shall be a Seal of tiiis State, which shall be kept 
 by the Governor and used by him officially, and shall be called the 
 GREAT SEAL OF THE STATE OF TENNESSEE. 
 
 SEC. 16. All grants and commissions shall be in the name and by 
 -the authority of the State of Tennessee, be sealed with the State 
 seal and signed by the Governor. 
 
 SEC. 17. A Secretary of State shall be appointed by joint vote of 
 the General Assembly, and commissioned during the term of four 
 years ; he shall keep a fair register of all the official acts and pro- 
 ceedings of the Governor, and shall, when required, lay the same 
 and all papers, minutes and vouchers relative thereto, before the 
 General Assembly ; and shall perform such other duties as shall be 
 enjoined by law. 
 
 SEC. 18. Every Bill which may pass both Houses of the General 
 Assembly, shall, before it becomes a law, be presented to the Gov- 
 ernor for his signature. If he approve, he shall sign it, and the 
 same shall become a law; but if he refuse to sign it, he shall return 
 it, with his objections thereto, in writing, to the House in which it 
 -originated, and said House shall cause said objections to be entered 
 at large upon its journal, and proceed to reconsider the Bill. If, 
 after such reconsideration, a majority of all the members elected to 
 that House shall agree to pass the Bill, notwithstanding the objec- 
 tions of the Executive, it shall be sent, with said objections, to the 
 other House, by which it shall be likewise reconsidered. If ap- 
 proved by a majority of the whole number elected to that House, it 
 shall become a law. The votes of both Houses shall be determined 
 by yeas and nays, and the names of all the members voting for or 
 against the Bill shall be entered upon the journals of their respec- 
 tive Houses. If the Governor shall fail to return any bill, with 
 his objections, within five days (Sundays excepted) after it shall 
 have been presented to him, the same shall become a law without 
 his signature, unless the General Assembly, by its adjournment, 
 prevents its return, in which case it shall not become a law. Every 
 Joint Resolution or Order (except on questions of adjournment) .shall 
 likewise be presented to the Governor for his signature, and before 
 
426 
 
 it shall take effect shall receive his signature ; and on being disap- 
 proved by him, shall, in like manner, be returned with his objec- 
 tions ; and the same, before it shall take effect, shall be re-passed by 
 a majority of all the members elected to both Houses, in the manner 
 and according to the rules prescribed in case of a Bill. 
 
 ARTICLE IV. 
 
 ELECTIONS. 
 
 SECTION 1. Every male person of the age of twenty-one years, 
 being a citizen of the United States, and a resident of this State for 
 twelve months, and of the county wherein he may offer his vote for 
 six months next preceding the day of election, shall be entitled to 
 vote for members of the General Assembly, and other civil officers 
 for the county or district in which he resides ; and there shall be no 
 qualification attached to the right of suffrage, except that each voter 
 shall give to the judges of election, where he offers to vote, satisfac- 
 tory evidence that he has paid the poll taxes assessed against him for 
 such preceding period as the Legislature shall prescribe, and at such 
 time as may be prescribed by law, without which his vote cannot be 
 received. And all male citizens of the State shall be subj ect to the 
 payment of poll taxes and the performance of military duty within 
 such ages as may be prescribed by law. The General Assembly 
 shall have power to enact laws requiring voters to vote in the elec- 
 tion precincts in which they may reside, and laws to secure the free- 
 dom of elections and the purity of the ballot-box. 
 
 SEC. 2. Laws may be passed excluding from the right of suffrage 
 persons who may be convicted of infamous crimes. 
 
 SEC. 3. Electors shall, in all cases, except treason, felony, or 
 breach of the peace, be privileged from arrest or summons, during 
 their attendance at elections, and in going to and returning from 
 them. 
 
 SEC. 4. In all elections to be made by the General Assembly, the 
 members thereof shall vote viva voce, and their votes shall be enter- 
 ed on the journal. All other elections shall be by ballot. 
 
 ARTICLE Y. 
 
 IMPEACHMENT. 
 
 SECTION 1. The House of Representatives [shall have the sole 
 power of impeachment. 
 
427 
 
 SEC. 2. All impeachments shall be tried by the Senate. When 
 sitting for that purpose, the Senators shall be upon oath or affirma- 
 tion, and the Chief Justice of the Supreme Court, or if he be on 
 trial, the Senior Associate Judge, shall preside over them. No per- 
 son shall be convicted without the concurrence of two-thirds of the 
 Senators sworn to try the officer impeached. 
 
 SEC. 3. The House of Representatives shall elect, from their own 
 body, three members, whose duty it shall be to prosecute impeach- 
 ments. No impeachment shall be tried until the Legislature shall 
 have adjourned sine die, when the Senate shall proceed to try such 
 impeachment. 
 
 SEC. 4. The Governor, Judges of the Supreme Court, Judges of 
 the Inferior Courts, Chancellors, Attorneys for the State, Treasurer, 
 Comptroller, and Secretary of State, shall be liable to impeachment 
 whenever they may, in the opinion of the House of Representa- 
 tives, commit any crime in their official capacity which may require 
 disqualification; but judgment shall only extend to removal from 
 office, and disqualification to fill any office thereafter. The party 
 shall, nevertheless, be liable to indictment, trial, judgment and pun- 
 ishment according to law. The Legislature now has, and shall con- 
 tinue to have, power to relieve from the penalties imposed, any per- 
 son disqualified from holding office by the judgment of a Court 
 of Impeachment. 
 
 SEC. 5. Justices of the Peace, and other civil officers, not herein- 
 before mentioned, for crimes or misdemeanors in office, shall be lia- 
 ble to indictment in such courts as the Legislature may direct; and 
 upon conviction, shall be removed from office by said court, as if 
 found guilty on impeachment ; and shall be subject to such other 
 punishment as may be prescribed by law. 
 
 ARTICLE VI. 
 
 JUDICIAL DEPARTMENT. 
 
 SECTION 1. The judicial power of this State shall be vested in 
 one Supreme Court, and in such Circuit, Chancery and other inferior 
 courts as the Legislature shall, from time to time, ordain and estab- 
 lish, in the Judges thereof, and in Justices of the Peace. The Leg- 
 
428 
 
 islature may also vest such jurisdiction in Corporation Courts as 
 may be deemed necessary. Courts to be h olden by Justices of the 
 Peace may also be established. 
 
 SEC. 2. The Supreme Court shall consist of five Judges, of whom 
 not more than two shall reside in any one of the grand divisions of 
 thfc State. The Judges shall designate oije of their own number 
 who shall preside as Chief Justice. The concurrence of three of 
 the Judges shall, in every case, be necessary to a decision. The 
 jurisdiction of this Court shall be appellate only, under such restric- 
 tions and regulations as may, from time to time, be prescribed by 
 law ; but it may possess such other jurisdiction as is now conferred 
 by law on the present Supreme Court; said Court shall be held at 
 Knoxville, Nashville and Jackson. 
 
 SEC. 3. The Judges of the Supreme Court shall be elected by the 
 qualified voters of the State. The Legislature shall have power to 
 prescribe such rules as may be necessary to carry out the provisions 
 of Section 2, of this Article. Every Judge of the Supreme Court; 
 shall be thirty-five years of age, and shall, before his election, have 
 been a resident of the State for five years. His term of service 
 shall be eight years. 
 
 SEC. 4. The Judges of the Circuit and Chancery Courts, and of 
 other inferior courts, shall be elected by the qualified voters of the 
 district or circuit to which they are to be assigned. Every Judge 
 of such courts shall be thirty years of age, and shall, before his 
 election, have been a resident of the State five years, and of the 
 circuit or district one year. His term of service shall be eight 
 years. 
 
 SEC. 5. An Attorney-General and Reporter for the State, shall be 
 appointed by the Judges of the Supreme Court, and shall hold his 
 office for a term of eight years. An Attorney for the State for any 
 circuit or district for which a Judge having criminal jurisdiction 
 shall be provided by law, shall be elected by the qualified voters of 
 such circuit or district, and shall hold his office for a term of eight 
 yars, and shall have been a resident of the State five years, and of 
 the circuit or district, one year. In all cases where the Attorney 
 for any district fails or refuses to attend and prosecute according to 
 law, the Court shall have power to appoint an Attorney pro tern- 
 pore. 
 
 SE"C. 6. Judges and Attorneys for the State may be removed from 
 
429 
 
 office by a concurrent vote of both Houses of the General Assem- 
 bly, each J louse voting separately; but two-thirds of the member?* 
 to which each House may be entitled, must concur in such vote. The 
 vote shall be determined by ayes and noes, and the names of the 
 members voting for or against the Judge or Attorney fo^ the State, 
 together with the cause or causes of removal, shall be entered on tl^0 
 Journal of each House Respectively. The Judge or Attorney for 
 the State, against whom the Legislature may be about to proceed, 
 .shall receive notice thereof, accompanied with a copy of the causes 
 alleged for his removal, at least ten days before the day on which 
 either House of the General Assembly shall act thereupon. 
 
 SEC. 7. The Judges of the Supreme or Inferior Courts shall, at 
 stated times, receive a compensation for their services, to be ascer- 
 tained by law, which shall not be increased or diminished during 
 the time for which they are elected. They shall not be allowed any 
 lees or perquisites of office, nor hold any office of trust or profit 
 under this State or the United States. 
 
 SEC. 8. The jurisdiction of the Circuit, Chancery, and other in- 
 ferior courts, shall be as now established by law, until changed by 
 the Legislature. 
 
 SEC. 9. Judges shall not charge juries with respect to matters of 
 fact, but may state the testimony and declare the law. 
 
 SEC. 10. Judges or Justices of the inferior courts of Law and 
 Equity, shall have power in all civil cases, to issue writs of certwrari, 
 to remove any cause or the transcript of the record thereof, from 
 any inferior jurisdiction into such court of law, on sufficient cause, 
 supported by oath or affirmation. 
 
 SEC. 11. No Judge of the Supreme or inferior courts shall preside 
 on the trial of any cause in the event of which he may be interested, 
 or where either of the parties shall be connected with him by affin- 
 ity or consanguinity, within such degrees as may be prescribed by 
 law, or in which he may have been of counsel, or in which he may 
 have presided in any inferior court, except by consent of all the 
 parties. In- case all or any of the Judges of the Supreme Court, 
 shall thus be disqualified from presiding on the trial of any cause 
 or causes, the Court or the Judges thereof, shall certify the same to 
 the Governor of the State, and he shall forthwith specially com- 
 mission the requisite number of men of law knowledge, for the trial 
 and determination thereof. The Legislature may, by general laws, 
 
430 
 
 make provision that special Judges may be appointed to hold any 
 Court, the Judge of which shall be unable" or fail to attend or. sit ; 
 or to hear any cause in which the Judge may be incompetent. 
 
 SEC. 12. All writs and other process shall run in the name of the 
 State of Teijnessee; and bear test and be signed" by the respective 
 clerks. Indictments shall conclude, " against the peace and dignity 
 of the State." 
 
 SEC. 13. Judges of the Supreme Court shall appoint their Clerks, 
 who shall hold their offices for six years. Chancellors shall appoint 
 their Clerks and Masters, who shall hold their offices for six years. 
 Clerks of the inferior courts, holden in the respective counties or 
 districts, shall be elected by the qualified voters thereof, for the 
 term of four years. Any Clerk may be removed from office for 
 malfeasance, incompetency, or neglect of duty, in such manner as 
 may be prescribed by law. 
 
 SEC. 14. No fine shall be laid on any citizen of this State, that 
 shall exceed fifty dollars, unless it shall be assessed by a jury of his 
 peers, who shall assess the fine at the time they find the fact, if they 
 think the fine should be more than fifty dollars. 
 
 SEC. 15. The different counties of this State shall be laid off as 
 the General Assembly may direct, into districts of convenient size, 
 so that the whole number in each county shall not be more than 
 twenty-five, or four for every one hundred square miles. There 
 shall be two Justices of the Peace and one Constable elected in each 
 district, by the qualified voters therein, except districts including 
 county towns, which shall elect three Justices and two Constables. 
 The jurisdiction of said officers shall be co-extensive with the 
 county. Justices of the Peace shall be elected for the term of six, 
 and Constables for the term of two years. Upon the removal of either 
 of said officers from the district in which he was elected, his office 
 shall become vacant from the time of such removal. Justices of 
 the Peace shall be commissioned by the Governor. The Legisla- 
 ture shall have power to provide for the appointment of an addi- 
 tional number of Justices of the Peace in incorporated towns. 
 
 AKTICLE VII. 
 
 STATE AND COUNTY OFFICERS. 
 
 SECTION 1. There shall be elected in each county, by the quali- 
 fied voters therein, one Sheriff, one Trustee, one Register ; the 
 
431 
 
 Sheriff and- Trustee for two years, and the Register for four years; 
 but no person shall be eligible to the office of Sheriff more than six 
 years in any term of eight years. There shall be elected for each 
 county, by the Justices of the Peace, one Coroner, and one Ranger, 
 who shall hold their offices for two years. Said officers shall be re- 
 moved for malfeasance, or neglect of duty, in such manner as may 
 be prescribed by law. 
 
 SEC. 2. Should a vacancy occur, subsequent to an election, in the 
 office of Sheriff, Trustee or Register, it shall be filled by the Jus- 
 tices ; if in that of the Clerk, to be elected by the people, it shall be 
 filled by the courts ; and the person so appointed shall continue in 
 office until his successor shall be elected and qualified; and such 
 office shall be filled by the qualified voters at the first election for 
 any of the county officers. 
 
 SEC. 3. There shall be a Treasurer or Treasurers, and a Comp- 
 troller of the Treasury, appointed for the State by the joint vote of 
 both Houses of the General Assembly, who shall hold their offices 
 for two years. 
 
 SEC. 4. .The election of all officers and the filling of all vacancies 
 not otherwise directed or provided by this Constitution, shall be 
 made in such manner as the Legislature shall direct. 
 
 SEC. 5. Elections for judicial and other civil officers, shall be 
 held on the first Thursday in August, one thousand eight hundred 
 and seventy, and forever thereafter on the first Thursday in August 
 next preceding the expiration of their respective terms of service. 
 
 The term of each officer so elected shall be computed from the 
 first day of September next succeeding his election. The term of 
 office of the Governor and other executive officers, shall be computed 
 from the 15th of January next after the election of the Governor. 
 No appointment or election to fill a vacancy shall be made for a 
 period extending beyond the un expired term. Every officer shall 
 hold his office until his successor is elected or appointed and qualified. 
 No special election shall be held to fill a vacancy in the office of 
 Judge or District Attorney, but at the time herein fixed for the 
 biennial election of civil officers. And such vacancy shall be filled 
 at the next biennial election recurring more than thirty days after the 
 vacancy occurs. 
 
432 
 
 ARTICLE VIII. 
 
 MILITIA. 
 
 SECTION 1. All militia officers shall be elected by persons subject 
 to military duty, within the bcunds of their several companies, bat- 
 talions, regiments, brigades and divisions, under such rules and regu- 
 lations as the Legislature may, from time to time, direct and es- 
 tablish. 
 
 SEC. 2. The Governor shall appoint the Adjutant-general, and 
 his other staff officers ; the Major-generals, Brigadier-generals, and 
 commanding officers of regiments, shall respectively appoint their 
 staff officers. 
 
 SEC. 3. The Legislature shall pass laws, exempting citizens be- 
 longing to any sect or denomination of religion, the tenets of which 
 are known to be opposed to the bearing of arms, from attending 
 private and general musters. 
 
 ARTICLE IX. 
 
 DISQUALIFICATIONS. 
 
 SECTION 1. WHEREAS, Ministers of the Gospel are, by their profes- 
 sion, dedicated to God and the care of souls, and ought not to be 
 Diverted from the great duties of their functions ; therefore, no Min- 
 ister of the Gospel, or Priest of any denomination whatever, shall 
 be eligible to a seat in either House of the Legislature. 
 
 SEC. 2. No person who denies the being of God, or a future state 
 of rewards and punishments, shall hold any office in the civil de- 
 partment of this State. 
 
 SEC. 3. Any person who shall, after the adoption of this Consti- 
 tution, fight a duel, or knowingly be the bearer of a challenge to 
 fight a duel, or send, or accept a challenge for that purpose, or bean 
 aider or abettor in fighting a duel, shall be deprived of the right to 
 hold any office of honor or profit in this State, and shall be punished 
 otherwise, in such manner as the Legislature may prescribe. 
 
 ARTICLE X. 
 
 OATHS, BRIBERY OF ELECTORS, NEW COUNTIES. 
 
 SECTION 1. Every person who shall be chosen or appointed to any 
 
433 
 
 office of trust or profit under this Constitution, or any law made in 
 pursuance thereof, shall, before entering upon the duties thereof, 
 take an oath to support the Constitution of this Slate, and of the 
 United States, and an oath of office. 
 
 Six 1 . 2. Each member of the Senate and House of Representa- 
 tives, shall, before they proceed to busines, take an oath or affirma- 
 tion to support the Constitution of this State, and of -the United 
 
 Stales, and also the following oath : " I, , do solemnly 
 
 swear (or affirm) that, as a member of this General Assembly, I 
 will, in all appointments, vote without favor, affection, partiality, 
 or prejudice ; and that I will not propose or assent to any bill, vote 
 or resolution, which shall appear to me injurious to the people, or 
 consent to any act or thing whatever, that shall have a tendency to 
 lessen or abridge their rights and privileges, as declared by the 
 Constitution of this State." 
 
 SEC. 3. Any elector who shall receive any gift or reward for his 
 vote, in meat, drink, money or otherwise, shall suffer such punish- 
 ment as the laws shall direct. And any person who shall directly 
 or indirectly, give, promise or bestow any such reward to be elected, 
 shall thereby be rendered incapable, for six years, to serve in the 
 office for which he was elected, and be subject to such further punish- 
 ment as the Legislature shall direct. 
 
 SEC. 4. New counties may be established by the Legislature, to 
 consist of not less than two hundred and seventy-five square miles, 
 and which shall contain a population of seven hundred qualified 
 voters. No line of such county shall approach the court-house cf 
 any old county, from which it may be taken, nearer than eleven 
 miles, nor shall such old county be reduced to less than five hundred 
 square miles. But the following exceptions are made to the fore- 
 going provisions, viz : New counties may be established by the pre- 
 sent or any succeeding Legislature, out of the following territory, to- 
 wit : Out of that portion of Obion county which lies west of low 
 water mark of Reel Foot Lake ; Out of fractions of Sumner, Ma- 
 con and Smith counties; but no line of such new county shall ap- 
 proach the court-house of Sumner or Smith counties nearer than ten 
 miles, nor include any part of Macon county lying within nine and 
 a half miles of the court-house of said county ; nor shall more than 
 twenty square miles of Macon county, nor any part of Sumner 
 county lying due west of the western boundary of Macon countv, 
 28 
 
434 
 
 be taken in the formation of said new county ; Out of fractions of 
 Grainger and Jefferson counties, but no line of such new county shall 
 include any part of Grainger county north of the Holston River; 
 nor shall any line thereof approach the court-house of Jefferson 
 county nearer than eleven miles. Such new county may include any 
 other territory which is not excluded by any general provision of 
 this Constitution ; Out of fractions uf Jackson and Overton counties,, 
 but no line of such new county, shall approach the court-house of 
 Jackson or Overton counties nearer than ten miles ; nor shall such 
 county contain less than four hundred qualified voters, nor shall the 
 area of either of the old counties be reduced below four hundred 
 and fifty square miles ; Out of fractions of Roane, Monroe and 
 Blount counties, around the town of Loudon, but no line of such 
 new county shall ever approach the towns of Maryville, Kingston 
 or Madisonville nearer than eleven miles, except that on the south 
 side of the Tennessee River, said lines may approach as near as 
 ten miles to the court-house of Roane county. The counties 
 of Lewis, Cheatham and Sequatchie, as now established by 
 legislative enactments, are hereby declared to be constitutional 
 counties. No part of Bledsoe county shall be taken to form 
 a new county, or a part thereof, or be attached to any adjoining coun- 
 ty. That portion of Marion county, included within the following 
 boundaries : Beginning on the Grundy and Marion county line, at 
 the Nick-a-jack Tiace, and running about six hundred yards west 
 of Ben Posey's,. to where the Tennessee Coal Railroad crosses the 
 line, running thence south-east, through the Pocket, near William 
 Summers 7 , crossing the Battle Creek Gulf, at the corner of Thomas 
 Wooten's field ; thence running across the Little Gizzard Gulf at 
 Raven Point ; thence in a direct line to the bridge crossing the Big 
 Fiery Gizzard ; thence in a direct line to the mouth of Holy Water 
 Creek ; thence up said creek to the Grundy county line, and thence 
 with said line to the beginning, is hereby detached from Marion 
 county, and attached to the county of Grundy. No part of a 
 county shall be taken off .to form a new county, or a part there- 
 of, without the consent of two-thirds of the qualified voters in 
 such part taken off; and, where* an old county is reduced for the 
 purpose of forming a new one, the seat of justice in said old 
 county shall not be removed, without the concurrence of two-thirds 
 of both branches of the Legislature, nor shall the seat of justice of 
 
435 
 
 any county be removed without the concurrence of two-thirds of 
 the qualified voters of the county. But the foregoing provision, re- 
 quiring a two-thirds majority of the voters of a county to remove 
 its county seat, shall not apply to the counties of Obion and Cocke. 
 The fractions taken from old counties to form new counties, or 
 taken from one county and added to another, shall continue liable 
 for their pro rata of all debts contracted by their respective counties 
 prior to the separation, and be entitled to their proportion of any 
 stocks or credits belonging to such old counties. 
 
 SEC. 5. The citizens who may be included in any new county 
 shall vote with the county or counties, from which they may have 
 been stricken off, for members of Congress, for Governor, and 
 for members of the General Assembly, until the next apportionment 
 of members of the General Assembly after the establishment of such 
 new county. 
 
 ARTICLE XI. 
 
 MISCELLANEOUS PROVISIONS. 
 
 SECTION 1. All laws and ordinances now in force and use in this 
 State, not inconsistent with this Constitution, shall continue in force 
 and use until they shall expire, or be altered or repealed by the 
 Legislature. But ordinances contained in any former Constitution 
 or schedule thereto, are hereby abrogated. 
 
 SEC. 2. Nothing contained in this Constitution shall impair the 
 validity of any debts or contracts, or affect any rights of property, 
 or any suits, actions, rights of action, or other proceedings in courts 
 of justice. 
 
 SEC. 3. Any amendment or amendments to this Constitution may 
 be proposed in the Senate or House of Representatives ; and, if the 
 same shall be agreed to by a majority of all the members elected to 
 each of the two Houses, such proposed amendment or amendments 
 shall be entered on their journals, with the yeas and nays thereon, 
 and referred to the General Assembly then next to be chosen ; and 
 shall be published six months previous to the^time of making such 
 choice ; and if, in the General Assembly then next chosen as aforesaid, 
 such proposed amendment or amendments shall be agreed to by two- 
 thirds of all the members elected to each House, then it shall be the 
 
436 
 
 duty of the General Assembly to submit such proposed amendment 
 or amendments to the people, in such manner, and at such times as 
 the General Assembly shall prescribe. And if the people shall ap- 
 prove and ratify such amendment or amendments, by a majority of 
 all the citizens of the State, voting for Representatives, voting in 
 their favor, such amendment or amendments shall become a part of 
 this Constitution. When any amendment or amendments to the 
 Constitution shall be proposed, in pursuance of the foregoing provi- 
 sions, the same shall, at each of the said sessions, -be read three times 
 on three several days in each House. The Legislature shall not pro- 
 pose amendments to the Constitution oftener than once in six years. 
 The Legislature shall have the right, at any time, by law, to submit 
 to the people the question of calling a Convention to alter, reform 
 or abolish this Constitution, and when, upon such submission, a 
 majority of all the votes cast shall be in favor of said proposition, 
 then delegates shall be chosen, and the .Convention shall assemble 
 in such mode and manner as shall be prescribed. 
 
 SEC. 4. The Legislature shall have no power to grant divorces, 
 but may authorize the courts of justice to grant them for such causes 
 as may be specified by law; but such laws shall be general and uni- 
 form in their operation throughout the State. 
 
 SEC. 5. The Legislature shall have no power to authorize lotter- 
 ies for any purpose, and shall pass laws to prohibit the sale of lot- 
 tery tickets in this State. 
 
 SEC. 6. The Legislature shall have no power to change the names 
 of persons, or to pass acts adopting or legitimatizing persons, but 
 shall, by general laws, confer this power on the Courts. 
 
 SEC. 7. The Legislature shall fix the rate of interest, and the rate 
 so established shall be equal and uniform throughout the State ; but 
 the Legislature may provide for a conventional rate of interest, not 
 to exceed ten per cent, per annum. 
 
 SEC. 8. The Legislature shall have no power to suspend any gen- 
 eral 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 indi- 
 viduals, rights, priviliges, 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. No corporation shall be created, or its powers in- 
 
437 
 
 creased or diminished by special laws , but the General Assembly 
 shall provide by general laws, for the organization of all corpora- 
 tions hereafter created, which laws may, at any time, be altered or 
 repealed ; and no such alteration or repeal shall interfere with, or 
 divest, rights which have become vested. 
 
 SEC. 9. The Legislature shall have the right to vest such powers 
 in the courts of justice, with regard to private and local affairs, as 
 may be expedient. 
 
 SEC. 10. A well-regulated system of internal improvement is cal- 
 culated to develop the resources of the State, and promote the hap- 
 piness and prosperity of her citizens ; therefore, it ought to be en- 
 couraged by the General Assembly. 
 
 SEC. 11. A homestead, in the possession of each head of a family, 
 and the improvements thereon, to the value, in all of one thou- 
 sand dollars, shall be exempt from sale under legal process during 
 the life of such head of a family, to inure to the benefit of the 
 widow, and shall be exempt during the minority of their children 
 occupying the same. Xor shall said property be alienated without 
 the joint consent of the husband and wife when that relation exists. 
 This exemption shall not operate against public taxes, nor debts 
 contracted for the purchase money of such homestead, or improve- 
 ments thereon. 
 
 SEC. 12. Knowledge, learning and virtue, being essential to the 
 preservation of republican institutions, and the diffusion of the op- 
 portunities and advantages of education throughout the different 
 portions of the State being highly conducive to the promotion of 
 this end, it shall be the duty of the General Assembly, in all future 
 periods of this Government to cherish literature and science. And 
 the fund called the common school fund, and all the lands and pro- 
 ceeds thereof, dividends, stocks and other property of every descrip- 
 tion whatever, heretofore by law appropriated by the General As- 
 sembly of this State for the use of common schools, and all such as 
 shall hereafter be appropriated, shall remain a perpetual fund, the 
 principal of which shall never be diminished by Legislative appro- 
 priation ; and the interest thereof shall be inviolably appropriated 
 to the support and encouragement of common schools throughout the 
 State, and for the equal benefit of all the people thereof; and no law 
 shall be made authorizing said fund, or any part thereof, to be di-, 
 verted to any other use than the support and encouragement of com- 
 
438 
 
 mon schools. The State taxes derived hereafter from polls shall be 
 appropriated to educational purposes, in such manner as the General 
 Assembly shall, from time to time, direct by law. No school estab- 
 lished or aided under this section shall allow white and negro children 
 to be received as scholars together in the same school. The above 
 provision shall not prevent the Legislature from carrying into effect 
 any laws that have been passed in favor of the Colleges, Universi- 
 ties or Academies, or from authorizing heirs or distributees to re- 
 ceive and enjoy escheated property under such laws as may be passed 
 from time to time. 
 
 SEC. 13. The General Assembly shall have power to enact laws 
 for the protection and preservation of game and fish within the 
 State, and such laws may be enacted for and applied and enforced 
 in particular counties or geographical districts designated by the 
 General Assembly. 
 
 SEC. 14. The intermarriage of white persons with negroes, mulat- 
 toes, or persons of mixed blood, descended from a negro to the third 
 generation, inclusive, or their living together as man and wife, in 
 this State, is prohibited. The Legislature shall enforce this section 
 by appropriate legislation. 
 
 SEC. 15. No person shall, in time of peace, be required to perform 
 any service to the public on any day set apart by his religion as a 
 day of rest. 
 
 SEC. 16. The declaration of rights, hereto prefixed, is declared to- 
 be a part of the Constitution of this State, and shall never be vio- 
 lated on any pretense whatever. And to guard against transgression 
 of the high powers we have delegated, we declare that every thing. in 
 the Bill of Rights contained is excepted out of the general powers 
 of the government, and shall forever remain inviolate. 
 
 SEC. 17. No county office created by the Legislature shall be filled 
 otherwise than by the people or the County Court. 
 
 SCHEDULE. 
 
 SECTION 1. That no inconvenience may arise from a change of the 
 Constitution, it is declared that the Governor of the State, the mem- 
 bers of the General Assembly, and all officers elected at or after the 
 
433 
 
 general election of March, 1870, shall hold their offices for the terms 
 prescribed in this Constitution. 
 
 Officers appointed by the courts shall be filled by appointment, to 
 be made and to take effect during the first term of the court held by 
 Judges elected under this Constitution. 
 
 All other officers shall vacate their places thirty days after the 
 day fixed for the election of their successors under this Constitution. 
 
 The Secretary of State, Comptroller, and Treasurer, shall hold 
 their offices until the first session of the present General Assembly 
 occurring after the ratification of this Constitution, and until their 
 successors are elected and qualified. 
 
 The officers hen elected shall hold their offices until the 15th 
 day of January, 1873. 
 
 SEC. 2. At the first election of Judges under this Constitution, 
 there shall be elected six Judges of the Supreme Court, two from 
 each grand division of the State, who shall hold their offices for the 
 term herein prescribed. 
 
 In the event any vacancy shall occur in the offices of eittoer of 
 said Judges at any time after the first day of January, 1873, it shall 
 remain unfilled, and the Court shall from that time be constituted 
 of five Judges. 
 
 While the Court shall consist of six Judges they may sit in two 
 sections, and may hear and determine causes in each at the same 
 time, but not in different grand divisions at the same time. 
 
 When so sitting the concurrence of two Judges shall be neces- 
 sary to a decision. 
 
 The Attorney-General and Reporter for the State shall be ap- 
 pointed after the election and qualification of the Judges of the Su- 
 preme Court herein provided for. 
 
 SEC. 3. Every Judge and every officer of the Executive Depart- 
 ment of this State, and every Sheriff holding over under this Con- 
 stitution, shall, within twenty days after the ratification of this 
 Constitution is proclaimed, take an oath to support the same, and 
 the failure of any officer to take such oath shall vacate his offioe. 
 
 SEC. 4. The time which has elapsed from the 6th day of May, 
 1861, until the 1st day of January, 1867, shall not be computed in 
 any cases affected by the statutes of limitation, nor shall any writ 
 of error be affected by such lapse of time. 
 
 Done in Convention, at Nashville, the 23d day of February, in 
 
440 
 
 the year of our Lord one thousand eight hundred and seventy, and 
 of the independence of the United States the ninety-fourth. In 
 testimony whereof we have hereunto set our names. 
 
 JOHN C. BROWN, President. 
 
 Attest : 
 
 JOHN ALLEN, 
 JESSE ARLEDGE, 
 HUMPHREY R. BATE, 
 JOHN BAXTER, 
 A. BLIZARD, 
 NATHAN BRANDON, 
 R. P. BROOKS, 
 JAMES BRITTON, 
 NEILL S. BROWN, 
 JAMES S. BROWN, 
 T. M. BURKETT, 
 JNO. W. BURTON, 
 WM. BYRNE, 
 ALEX. W. CAMPBELL, 
 WM. BLOUNT CARTER, 
 Z. R. CHOWNING, 
 JAMES A. COFFIN, 
 WARREN CUMMINGS, 
 ROBT. P. CYPERT, 
 W. Y. DEADERICK, 
 THOS. D. DEAVENPORT, 
 G. G. DIBRELL, 
 
 W. F. DOHERTY, 
 
 J. E. DROMGOOLE, 
 JAMES FENTRESS, 
 
 A. T. FIELDER, 
 P. G. FULKERSON, 
 JNO. A. GARDNER, 
 JOHN E. GARNER, 
 S. P. GAUT, 
 CHAS. N. GIBBS, 
 
 B. GORDON, 
 
 J. B. HEISKELL, 
 
 R. HENDERSON, 
 H. L. W. HILL, 
 SPL. HILL, 
 SAM. S. HOUSE, 
 JOHN F. HOUSE, 
 T. B. IVIE, 
 THOMAS M. JONES, 
 DAVID M. KENNEDY, 
 D M. KEY, 
 SAM. J. KIRKPATRICK, 
 A. A. KYLE, 
 Jos. A. MABRY, 
 A. G. McDouGAL, 
 MALCOM McNABB, 
 MATT. MARTIN, 
 JOHN H. MEEKS, 
 THOS. C. MORRIS, 
 J. NETHERLAND, 
 A. O. P. NICHOLSON, 
 GEO. C. PORTER, 
 JAS. D. PORTER, JR., 
 GEORGE E. SEAY, 
 SAMUEL G. SHEPARD, 
 E. H. SHELTON, 
 WM. H. STEPHENS, 
 JNO. M. TAYLOR, 
 J. C. THOMPSON, 
 W. VANCE THOMPSON, 
 JAMES J. TURNER, 
 GEO. W. WALTERS, 
 RICHARD WARNER, JR. 
 WM. H. WILLIAMSON, 
 W. M. WRIGHT. 
 
 THOS. W. JONES, 
 
 Assistant Secretary. 
 W. S. KYLE, 
 
 2d Ass't Secretary. 
 
 T. E. S. RUSSWURM, 
 
 Secretary. 
 
ORDINANCE. 
 
 1. Be it ordained by the Convention, That it shall be the duty of 
 the several officers of the State, authorized by law to hold elections 
 for members of the General Assembly and other officers, to open 
 and hold an election at the place of holding said elections in their 
 respective counties, on the fourth Saturday in March, 1870, for th 
 purpose of receiving the votes of such qualified voters as m%y desire 
 to vote for the ratification or rejection of the Constitution recom- 
 mended by this Convention. And the qualification of voters in 
 said election be the same as that required in the election of dele- 
 gates to this Convention. 
 
 2. It shall be the duty of said returning officers, in each county 
 in this State, to enroll the name of each voter on the poll-books 
 prepared for said election, and shall deposit each ballot in the bal- 
 lot-boxes respectively. Each \ T oter who wishes to ratify the new 
 Constitution shall have written or printed on his ticket the words, 
 " New Constitution/ 7 or words of like import ; and each voter who 
 wishes to vote against the ratification of the new Constitution shall 
 have written or printed on his ticket the words, " Old Constitu- 
 tion," or words of like import. 
 
 Sec. 3. The election shall beheld, and the judges and clerks shall 
 be appointed, as in the case of the election of the members of the 
 General Assembly, and the returning officers, in presence of the 
 judges or inspectors, shall count the votes given for the " New Consti- 
 tution," and of those given for the " Old Constitution," of which they 
 shall keep a correct estimate in said poll books. They shall deposit 
 
442 
 
 the original poll books of said election with the Clerks of the County 
 Courts in the respective counties, and shall, within five days after 
 the election, make out accurate statements of the number of votes 
 in their respective counties, for and against the " New Constitution/' 
 and immediately forward by mail, one copy of said certificates to 
 the Governor, and one to the Speaker of the Senate. So soon as 
 the poll books are deposited with the County Court Clerks, they 
 shall certify to the President of the Convention, an accurate state- 
 ment of the number of votes cast, for and against the " New Consti- 
 tution," as appears on said poll books. And, if any of said return- 
 ing officers shall fail to make the returns herein provided for, with- 
 in the time required, the Governor shall be authorized to send 
 special messengers for the result of the vote in those counties whose 
 officers have so failed to make returns. 
 
 4. Upon the receipt of said returns, it shall be the duty of the 
 Governor, Speaker of the Senate, and the President of this Con- 
 vention, or any two of them, to compare the votes cast in said elec- 
 tion ; and if it shall appear that a majority of all the votes cast for 
 and against the New Constitution were for " New Constitution/ 7 it 
 shall be the duty of the Governor, Speaker of the Senate, and Presi- 
 dent of this Convention, or any two of them, to append to this 
 Constitution a certificate of the result of the votes, from which 
 time the Constitution shall be established -as the Constitution of 
 Tennessee, and the Governor shall make proclamation of the result. 
 
 5. The Governor of the State is requested to issue his proclama- 
 tion as to the election on the fourth Saturday in March, 1870, here- 
 in provided for. 
 
 JOHN C. BROWN, President. 
 Attest: 
 
 T. E. KUSSWURM, Secretary. 
 
CERTIFICATE OF RATIFICATION. 
 
 STATE OF TENNESSEE: 
 
 In pursuance of the fourth Ordinance of the late Constitutional 
 Convention of the State of Tennessee, adopted on the twenty-third 
 of February, one thousand eight hundred and seventy, in the City 
 of Nashville, we, D. W. C. SENTEB, Governor of said State, and 
 JOHN C. BROWN, President of said Convention, and D. B. THOMAS, 
 Speaker of the Senate, do hereby certify that we have carefully 
 compared the votes for and against the New Constitution, in the 
 election on the fourth Saturday of March, one thousand eight hun- 
 dred and seventy, and we certify that the vote cast in the entire 
 State, leaving out the Counties of Knox, Grainger, Roane apd Over- 
 ton (from which there are no official returns), was one hundred and 
 thirty-two thousand. Of these, ninety-eight thousand one hundred 
 and twenty-eight votes were for the New Constitution, and thirty- 
 three thousand eight hundred and seventy-two votes were for the 
 old Constitution, and that the majority for the New Constitution 
 was sixty-lour thousand two hundred and fifty-six, and we certify, 
 accordingly, the ratification of the New Constitution. 
 
 Done at the Executive Department, in the City of Nashville, 
 this fifth day of May, A. D. one thousand eight hundred and seventy, 
 and of the American Independence the ninety-fourth. 
 
 D. W. C. SENTER, 
 
 Governor. 
 
 9 JOHN C. BROWN, 
 
 President, etc. 
 
 D. B. THOMAS, 
 
 Speaker of the Senate. 
 
THE GOVERNOR'S PROCLAMATION 
 
 DECLARING THE 
 
 RATIFICATION OF THE NEW CONSTITUTION 
 
 STATE OF TENNESSEE, EXECUTIVE DEPARTMENT, \ 
 NASHVILLE, May 5, 1870. j 
 
 In pursuance of the fourth Ordinance of the late Constitutional 
 Convention, I have carefully examined the official returns of the 
 election held on the 26th day of March last, for the ratification or 
 rejection of the proposed New Constitution for the State of Tennes- 
 see, (except the Counties of Knox, Grainger, Roane and Overtoil, 
 which returns have not been received,) and find the number of 
 votes cast for "INew Constitution" to be (98,128) ninety-eight 
 thousand one hundred and twenty-eight, and for the " Old Consti- 
 tution " (33,872) thirty-three thousand eight hundred and seventy- 
 two, being a majority of (64,256) sixty-four thousand two hundred 
 and fifty-six for the New Constitution. 
 
 Now, therefore, I, D. W. C. SENTER, Governor of the State of 
 Tennessee, by virtue of the power and authority in me vested, do 
 hereby declare and proclaim that the " New Constitution/ 7 as sub- 
 mitted to the people, was ratified by them at the ballot-box, on the 
 26th day of March last, by said majority of (64,256) sixty-four 
 thousand two hundred and fifty-six votes. 
 
 In testimony whereof, I have hereunto subscribed my 
 
 official signature, and ordered the Great Seal of the State 
 
 [SEAL.]' to be affixed. Done at the Department in the City of 
 
 Nashville, this fifth day of May, A. D., 1870, and of the 
 
 American Independence the ninety-fourth. 
 
 By the Governor : D. W. C. SENTER. 
 
 A. J. FLETCHER, 
 
 Secretary of State. 
 
ACT AUTHORIZING THE CONVENTION. 
 
THE A.CT 
 
 OF THE 
 
 GENERAL ASSEMBLY 
 
 AUTHORIZING THE CONVENTION. 
 
 [Laws of 1869-7O, Chapter CV^ 
 
 AN ACT to authorize the people to call a Convention, and for other purposes. 
 
 WHEREAS, According to Section 1, Article I, of the Declaration 
 of Rights, all power is inherent in the people, and all free govern- 
 ments are founded on their authority and instituted for their peace, 
 safety and happiness ; and, 
 
 WHEREAS, It is declared that, for the advancement of these ends, 
 the people have, at all times, an inalienable and indefeasible right 
 to alter, reform or abolish the Government in such manner as they 
 may think proper ; and, 
 
 WHEREAS, In the opinion of this General Assembly, the public 
 exigencies do now demand the exercise of these inherent and re- 
 served powers on the part of the people of the State : Therefore, 
 i SECTION 1. Be it enacted by the General Assembly of the State of 
 Tennessee, That every male person not convicted and rendered in- 
 famous for crime, of the age of 21 years, being a citizen of the 
 United States and a citizen of the county where he may oifer his 
 vote, six months next preceding the day of election, is hereby au- 
 thorised to assemble an the third Saturday of December, 1869, at 
 the several places of holding elections in the several counties, and 
 vote for or against calling a Convention to amend, revise, or form 
 and make a new Constitution for the State ; and no certificate or 
 
448 
 
 other qualification than the foregoing shall be required by the 
 Judges holding said election. 
 
 SEC. 2. Be it further enacted, That in submitting the question of 
 a Convention to the people, they shall have written or printed on 
 their ballots the words " Convention/' or " No Convention/' and 
 if the number of votes cast for a Convention be greater than the 
 votes cast against a Convention, then there shall be a Convention. 
 
 SEC. 3. Be it further enacted) That an election for delegates to a 
 Convention of the people of the State shall be held in the several 
 counties thereof at the same time and places, and that said election 
 shall be held at all the precincts and voting places established by 
 law, and shall be managed and conducted by the Commissioners of 
 Registration and other proper officers of the counties respectively, 
 in the same manner and under the same rules and regulations that 
 members of the General Assembly are now elected. And it is 
 hereby declared to be the d ut y of the Governor to issve his procla- 
 mation to the several Commissioners of Registration of the State 
 immediately after the passage of this act, requiring them to hold 
 and conduct the same as herein provided. The said Commissioners 
 of Registration shall advertise the time and places of said election 
 as in cases of members of the General Assembly. 
 
 SEC. 4. Be it further enacted. That the whole number of delegates 
 elected to said Convention shall be seventy-five. 
 
 SEC. 5. Be it further enacted, That each one of the Representa- 
 tive Districts, as established by the apportionment act of 19th of 
 February, 1852, shall constitute a district, and elect and send to 
 said Convention exactly the same number of delegates that they 
 have Representatives in the General Assembly by said act of ap- 
 portionment. 
 
 SEC. 6. Be it further enacted, That each one of the Floaterial 
 Districts, as established by said act of apportionment, shall consti- 
 tute a district, and elect and send to said Convention one delegate. 
 
 SEC. 7. Be it further enacted, That the votes in the several 
 
449 
 
 Representative and Floaterial Districts shall be compared at the 
 several places where the votes for members of the General As- 
 sembly were compared in the last August election. 
 
 SEC. 8. Be it further enacted , That no person shall be eligible to 
 a seat in said Convention who is not twenty-one years of age, and 
 who has not been a citizen of the State for twelve months, and of 
 the county and district from which r he is elected six months im- 
 mediately preceding the election. 
 
 SEC. 9. Be it further enacted. That all laws requiring test-oaths 
 to enable persons to become candidates for office, or requiring 
 Judges and Clerks of elections to take such oaths, shall not apply 
 to the election under this act. 
 
 SEC. 10. Be it further enacted^ That in case of the death, refusal 
 to serve, resignation or removal from this State of any delegate, the 
 vacancy occasioned thereby shall be filled in the same manner 
 prescribed by law for the filling of vacancies in the representation 
 to the General Assembly. 
 
 SEC. 11. Be it further enacted, That it shall be the duty of the 
 Commissioner of Registration of each county in the State, im- 
 mediately after said election, to make a complete return to the Sec- 
 retary of State of the votes cast "for Convention" or " no Con- 
 vention," and for delegates in his county. The certificate of elec- 
 tion of the returning officer or officers of the county or districts, 
 shall be prima facie evidence of the right of any delegate to a seat 
 in said Convention, subject, if contested, to be decided in the man- 
 ner the Convention may prescribe. 
 
 SEC. 12. Be it further enacted. That it shall be the duty of the 
 Governor and Secretary of State to compare the returns made by 
 the Commissioners of Registration, and if a majority of those vot- 
 ing be in favor of a Convention, it shall be the duty of the Gov- 
 ernor immediately to issue his proclamation announcing the result, 
 and said Convention shall convene in the city of Nashville, on the 
 
 second Monday in January, 1870; and when so assembled, said del- 
 29 
 
450 
 
 egates shall organize themselves into a Constitutional Convention, 
 by the election of a President and such other officers as they may 
 deem necessary. 
 
 SEC. 13. Be it further enacted, That said Convention shall adopt 
 such rules and regulations for its government, and the transaction 
 of business as it shall think proper, and that the members and 
 officers of said Convention shall receive the same compensation as 
 is now allowed by law to the members and officers of the General 
 Assembly of the State, ana to be paid in the same manner by the 
 Treasurer. 
 
 SEC. 14. Be it further enacted, That the Constitution or form of 
 government which said Convention may adopt, shall not be of any 
 binding force or efficacy until the same has been submitted to and 
 ratified by the people of the State, in such manner and at such time 
 as the Convention shall provide. 
 
 SEC. 15. Be it further enacted, That should any county have 
 no Commissioner of Registration at the time of said election, or 
 should the Commissioner of Registration fail or refuse to hold said 
 election, then in that event, it shall be the duty of the Sheriff of 
 each county to open and hold such an election, subject to the same 
 rules and regulations as imposed upon Commissioners of Registra- 
 tion by this act. 
 
 SEC. 16. Be it further enacted, That in all cases when the Com- 
 missioner or Sheriff fails or refuses, or from any other cause, fails 
 to hold said election, it shall be lawful for any freeholder to hold 
 said election, by summoning as many bystanders as may be neces- 
 sary to hold said election, all of whom shall be freeholders. 
 
 SEC. 17. Be it further enacted, That this act shall take effect 
 
 from and after its passage. 
 
 W. O'N. PERKINS, 
 
 Speaker of the House of Representatives. 
 
 D. B. THOMAS, 
 .Passed Nov. 15, 1869. Speaker of the Senate. 
 
INDEX 
 
INDEX 
 
 .A. 
 
 PAGE. 
 
 ALLEN, JOHN, appointed on Committee on Executive Department 42 
 
 Resolutions by 47, 347 
 
 Granted leave of absence 118 
 
 Granted leave to vote 178 
 
 Motions by 186, 187, 206, 338 
 
 Amendments proposed by 194, 278, 374 
 
 ARLEDGE, JESSE, resolutions by 21, 48 
 
 Appointed on Committee on Finance, etc 42 
 
 Granted leave of absence 80, 168 
 
 Granted leave to record vote 244 
 
 Amendment proposed by 370 
 
 ACT of Assembly Authorizing the Convention *.., 447 
 
 B 
 
 BATE, HUMPHREY R., takes his seat 17 
 
 Appointed on Committee on Elective Franchise 42 
 
 Appointed on Committee on Revision 137 
 
 Motions by 143, 298, 327 
 
 Amendments proposed by 221, 375 
 
 Protest by . . '. 300 
 
 Demands yeas and nays 327 
 
 BAXTER, JOHN, resolutions by 8, 82 
 
 Motions by 14, 90, 94, 100, 103, 109, 110, 120, 171, 200, 218, 224, 300, 
 
 302, 316, 343, 352, 364, 373, 386, 390. 
 
 Amendments proposed by 22, 101, 113, 135, 149, 193,220,223,283, 
 
 295, 302, 392. 
 
 Appointed on Committee on Credentials 18 
 
 Appointed Chairman of Committee on Bill of Rights 41 
 
 Appointed Chairman of Committee on Impeachments 121 
 
 Report by, as Chairman (Bill of Rights) 59, 60, 61, 62, 63, (54, so 
 
 Report by, as Chairman of Impeachment Committee 202, 203, 204 
 
454 
 
 PAGE. 
 
 Demands yeas and nays 74, 103, 109, 110, 135, 185, 220, 228, 274, 289, 
 
 295, 302, 305, 308, 309, 314, 317, 320, 326, 346, 350. 
 
 Appointed on Committee on Common Schools 190 
 
 Demands previous question 294 
 
 BENNETT, JOHN E., elected Assistant Doorkeeper 12 
 
 BLACKBURN, JOSEPH H., takes his seat 17 
 
 Appointed on Committee on Bill of Rights 41 
 
 Resolutions by 65, 334 
 
 Granted leave of absence 159, 242 
 
 Amendment proposed by 210 
 
 Motions by 221 
 
 Protest by 253 
 
 Demands yeas and nays 337 
 
 BLIZARD, A , resolutions by 31 
 
 Appointed on Committee on Finance, etc 43 
 
 Appointed on Committee on Revision 137 
 
 Amendments by 75, 82 
 
 Motion by 95, 208, 278, 340, 345 
 
 Demands previous question 229, 234 
 
 BRANDON, NATHAN, appointed on Committee on Legislative Department . . 41 
 
 Memorial presented by 250 
 
 Amendment presented by 397 
 
 BRANSON, JAMES W., resolutions by 30, 33, 75 
 
 Appointed on Committee on Executive Department 42 
 
 Protests by 179, 253, 322 
 
 BRITTON, JAMES, appointed on Committee on Credentials 18 
 
 Appointed on Committee on Legislative Department 41 
 
 Resolutions by 48, 65, 81, 191, 213, 360, 
 
 Amendments to Rules by 144 
 
 Protest by 397 
 
 BROOKS, RICHARD P., resolutions by 32, 48, 75, 81, 121, 233 
 
 Appointed on Committee on Bill of Rights 41 
 
 Amendments by 104, 155, 375, 393 
 
 Protest by 179 
 
 Motions by 191, 222, 230 
 
 Demands yeas and nays 249 
 
 BROWN, JAMES S., resolutions by 24, 31, 382 
 
 Appointed on Committee on Legislative Department 41 
 
 Granted leave of absence 118, 287 
 
 Motions by .'. ... . .186. 244 
 
 Amendments proposed by 194, 273 350 
 
 Memorials presented by 211 
 
 BROWN, JOHN C., elected President 
 
 Address of . . f 
 
455 
 
 PAGE 
 
 Resolutions by 19, 376 
 
 Leave to record his vote 170 
 
 Motion by 361 
 
 Demands previous question 377 
 
 Thanks of Convention tendered to 405 
 
 BROWN, NEILL S., motions by 8, 24, 88, 110, 242, 315 362, 376 
 
 Resolutions by 14, 37, 73, 183, 184, 214, 233, 406 
 
 Amendments proposed by 20, 37, 45, 89, 94, 196, 207, 255, 284, 287 
 
 Appointed on ommittee on Legislative Department 41 
 
 Appointed on Committee onElective Franchise 42 
 
 Appointed on Special Committee 154 
 
 Appointed on Committee on Common Schools 190 
 
 Memorial presented by '. 243 
 
 Protest by 300 
 
 BURKETT, T. M., takes his seat 26 
 
 Appointed on Committee on Miscellaneous Provisions 43 
 
 Amendments by 80, 81, 223, 236 
 
 Demands for yeas and nays 236, 241, 306 
 
 Motions by 247, 350 
 
 Protest by 300 
 
 Appointed on Committee on Expenditures 304 
 
 Demands for previous question 335, 336 
 
 BURTON, JOHN W., resolutions by 8, 16. 33, 208, 232 
 
 Motions by 15, 168, 172, 250, 320, 349, 360 
 
 Appointed on Judiciary Committee 42 
 
 Amendments proposed by 49, 94, 176, 195, 196, 209, 249, 349 
 
 Appointed on Committee to wait on Mrs. Polk 234 
 
 Granted leave of absence 80, 384 
 
 Demands yeas and nays 95, 215 
 
 Report by 239 
 
 BYRNE, WILLIAM, appointed on Committee on Miscellaneous provisions. . . .43 
 
 Protest by , 300 
 
 Yeas and nays demanded by 381 
 
 o 
 
 CALL OF THE CONVENTION 242, 298 
 
 CAMPBELL, ALEXANDER W., resolutions by 14, 242, 322 
 
 Appointed Chairman of Committee on Rules 18 
 
 Rules reported by 38, 39, 41 
 
 Amendments by. 29, 82, 83, 84, 85, 88, 108, 218, 220, 307, 308, .315 
 
 Appointed on Judiciary Committee 42 
 
 Motion to print 41 
 
 Motions by 187,, 35$ 
 
456 
 
 PAGE, 
 
 Previous question demanded by ' 225 
 
 Yeas and nays demanded by 226 
 
 Appointed on Special Committee 234 
 
 Protest by . . ' , . 300 
 
 Leave'of absence granted to 329 
 
 CARTER, WILLIAM B., appointed on Committee on Bill of Rights 41 
 
 Amendments proposed by . . 65, 100, 260, 284, 375 
 
 Leave of absence granted to 276 
 
 Resolution by , . 304 
 
 Motion by 389 
 
 Protest by 398 
 
 Prayer by 404 
 
 Explanation by 407 
 
 CHOWNING, Z. R., appointed on Committee on Miscellaneous Provisions 43 
 
 COFFIN, JAMES A., appointed on Committee on Credentials 18 
 
 Appointed on Committee on Finance, etc . . 43 
 
 Memorial presented by 104- 
 
 Amendments proposed by 175, 299- 
 
 Yeas and nays demanded by 175 
 
 Motion to re-commit 285 
 
 COMMITTEES appointed On Rules 18 
 
 On Credentials 18 
 
 On Printing 34 
 
 On Bill of Rights. 41 
 
 On Legislative Department 41 
 
 On Executive Department , .42 
 
 On Judiciary Department 42 
 
 On Elections and Right of Suffrage 42 
 
 On Finance, Internal Improvements, etc 42 
 
 On Miscellaneous Subjects 43 
 
 On New Counties, etc 49 
 
 On Impeachments 121 
 
 On Revision 137 
 
 On Militia 154 
 
 On Common Schools 190 
 
 To wait on Mrs. Polk 234 
 
 To wait on Mrs. Catron 238 
 
 To wait on the Governor and Legislature 406 
 
 CONSTITUTION, as adopted 409 
 
 CONSTITUTION, Certificate of Ratification of 441 
 
 CUMMINGS, WARREN, appointed on Committee on Elections 42 
 
 Leave of absence granted 118, 146, 276 
 
 Yeas and nays demanded by 274 
 
457 
 
 PAGE. 
 
 CYPERT, ROBERT P., resolutions by 75, 76 
 
 Amendments proposed by 107, 109, 329, 345 
 
 Demands yeas and nays. . . .118, 173, 175, 183, 186, 277, 278, 330, 331, 332, 
 338, 353, 361, 363, 384, 390. 
 
 Motions by 119, 175, 201 
 
 Leave of absence granted to . . . . : 241" 
 
 Appeal from the decision of the Chair by 363 
 
 J3 
 
 DEADERICK, WM. V., appointed on Committee on Elections, etc 42 
 
 Appointed on Committee on New Counties, etc 49 
 
 Appointed on Special Committee 154 
 
 Memorial presented by 232 
 
 Amendment proposed by 383 
 
 DEAVEXPORT, T1IOS. D., appointed on Coin, on Miscellaneous Subjects. . .43 
 
 Resolutions by 49, 65, 66, 200 
 
 Amendments by 108, 122, 187 
 
 Motions by .., 194, 197, 207, 209 
 
 Teas and nays demanded by 197, 212 
 
 DELEGATES, present at meeting of Convention 5, 6, 7 
 
 DIBRELL, GEO. G., resolutions by 32, 35, 49, 76, 360 
 
 Appointed on Committee on Finance, etc 43 
 
 Amendmendsby 59, 118, 186, 188, 249 
 
 Demands yeas and nays 119, 235, 365 
 
 Memorials presented by 162, 263 
 
 Motions by 194, 196, 361, 364 
 
 Minority report (Finance) 291 
 
 Protest by 300 
 
 Appeal from decision of the Chair 361 
 
 DOHERTY W. F., amendments proposed by 33, 66 
 
 Appointed on Committee on Bill of Rights 41 
 
 Memorials presented by , 198 
 
 Resolution by 347 
 
 Motion by 389 
 
 DROMGOOLE, JNO. E., resolution by 28, 88, 300, 347 
 
 Appointed on Committee on Executive Department 42 
 
 A ineudments by 145, 239, 280, 347 
 
 1 1 'lice granted to 3 1 "> 
 
 in 1 nays demanded by 3f4 
 
 .Moilou by 306 
 
458 
 F 
 
 PAGE. 
 
 FENTRES8, JAMES, Resolutions by 29, 32, 86, 50, 66, 182, 184 
 
 Appointed on Committee on Elections, etc. . . 42 
 
 Motions by 95, 136, 238, 242, 259, 275 
 
 Report (minority) on Elective Franchise 97, 98, 99 
 
 Amendments by 102, 160, 225, 248, 261, 270, 277, 307, 332, 340, 343, 344, 
 351, 357, 358, 365, 372 
 
 Memorial presented by . . 192 
 
 Yeas and nays demanded by 289, 318, 341, 358 
 
 Protest by 398 
 
 Explanation by 407 
 
 FIELDER, A. T., appointed on Committee on Executive Department 42 
 
 Resolutions by 66, 67 
 
 Demands previous questions 1 08, 350 
 
 Demands yeas and nays 217, 271, 297, 298, 376, 385, 393 
 
 Memorial presented by 162 
 
 Motions by 306, 351, 384 
 
 Amendments proposed by 371, 375 
 
 FINLEY, W. H., Appointed on Committee on Executive Department. ....... .42 
 
 Resolution by 66 
 
 Protests by 179, 253 
 
 Remonstrance against new county : 243 
 
 Amendments proposed by 379 
 
 FOaa, FRANCIS B., privileges of the Hall granted to 19 
 
 FULKERSON, P. G., resolution by 33, 50 
 
 Appointed on Committee on Miscellaneous Subjects 43 
 
 Amendments proposed by ' 76, 176 
 
 Motions by 93, 94, 107, 171, 189, 296 
 
 Granted leave of absence 310 
 
 GARDNER, JOHN A., resolutions by 24, 47, 148, 191, 192, 202 
 
 Appointed Chairman of Committee on Finance 42 
 
 Amendments proposed by 89, 90, 91, 94, 108, 245, 281, 372, 374, 375 
 
 Report by, as Chairman of Committee on Finance 132, 257, 276, 291 
 
 Appointed on Special Committees 258, 406 
 
 Motions by 281, 335, 387 
 
 Yeas and nays demanded by 395 
 
 GARNER, JOHN E., resolutions by 19, 24, 34, 44, 146, 157, 405 
 
 Appointed Chairman of Committee on Printing 34 
 
 Appointed on Committee on Miscellaneous Subjects 48 
 
 Reports by 55, 56, 99, 391 
 
 Amendments by 89, 186, 188, 189, 193, 212, 245, 296, 375, 392, 393 
 
459 
 
 PAGE. 
 
 Y.-as and nays demanded by. . . .155, 186, 187, 197, 201, 256, 306, 313, 329, 
 
 340, 366, 369, 371, 377, 
 
 Motions by.. 122, 135, 148, 193, 207, 212, 224, 273, 293, 385, 386, 387, 395 
 Previous question demanded by 282, 312 
 
 < 'A IT, S. P., appointed on Committee on Miscellaneous Subjects 43 
 
 Resolutions by 46, 310 
 
 Amendments proposed by 162, 163, 164, 165, 166, 214, 299 
 
 Memorial presented by. . .- 191 
 
 Motion by 311 
 
 GIBBS, CHARLES K, resolutions by 34 
 
 Appointed on Committee on Miscellaneous Subjects 43 
 
 Appointed on Committee on New Counties, etc 49 
 
 Motions by 156, 193, 299, 338 
 
 Amendments proposed by 190, 299, 327, 338, 373, 383 
 
 Memorials presented by 199, 360 
 
 Minority Report from Committee on New Counties 267 
 
 Yeas and nays demanded by 299, 382 
 
 GIBSON, HENRY R., takes his seat 26 
 
 Resolutions by 34, 47, 67, 105, 157, 303 
 
 Appointed on Committee on Legislative Department 41 
 
 Amendments proposed by 50, 51. 67, 76, 85, .88, 93, 102, 108, 173, 188, 
 
 205, 222, 225, 237, 238. 259, 279, 295, 300, 304, 319, 338, 347, 350, 359, 
 364, 383. 
 
 Demands yeas and nays 173, 193, 206, 212, 218, 222, 223, 238, 249, 292, 
 
 318, 335, 351, 367. 
 
 Motions by 44, 173, 197, 229, 379 
 
 Protests by 179, 253, 322 
 
 Appointed on Committee on Common Schools . . .190 
 
 Memorial presented by 243 
 
 GORDON, BOLLING, appointed temporary Chairmnn "4, 159 
 
 Address of 4 
 
 Motions by 8, 46, 255 
 
 Resolutions by t 17, 181 
 
 Appointed on Committee on Elections, etc 42 
 
 Appointed Chairman of Committee on Common Schools 190 
 
 Report as ( hairman of Committee on Common Schools 221 
 
 Yeas and nays demanded by 287 
 
 Amendment proposed by 304 
 
 GOVERNOR'S PROCLAMATION 3, 4 
 
 GOVERNOR'S Proclamation of Ratification 444 
 
 H 
 
 IIEISKELL, J. B., resolutions by 16, 27, 28, 120, 200, 352 
 
 . Amendments proposed by 2:'., 73, 93, 101, 108, 145, 170, 172, 174, 182, 
 
 218, 248, 272, 304, 307, 314, 386, 387. 
 
460 
 
 PAGE. 
 
 Appointed on Committee on Printing. .34 
 
 Appointed Chairman of Judiciary Committee- 42 
 
 Motions by... 103, 109, 116, 146, 168, 169, 197, 216,224,225, 227,309, 
 
 324, 3< - >7. 
 
 Appointed on Special Committee Impeachment 121 
 
 Report by, as Chairman of Judiciary Committee. .122 to 126, 285, 287, 323, 
 
 367, 389, 390.. 
 
 Previous question demanded by 156, 229 
 
 Yeas and nays demanded by 225, 226, 227, 293, 296, 312, 362, 368 
 
 Protest by 300 
 
 HENDERSON, RICHARD, resolution by 28 
 
 Appointed on Committee on Legislative Department 41 
 
 i Amendments proposed by 328 
 
 HILL, H. L. W., resolutions by 17, 105 
 
 Appointed on Committee on Executive Department , 42 
 
 Motion by . . 146 
 
 Demands yeas and nays 147 
 
 Amendments proposed by 156 
 
 HILL, SPARREL, appointed on Committee on Elections 42 
 
 Amendments proposed by 67, 63, 149, 209, 214, 230, 271, 339, 355, 357, 371 
 
 Memorial pr evented by 68 
 
 Motions by 298, 390 
 
 Previous question demanded by 324, 356 
 
 Teas and nays demanded by 336, 373 
 
 HOUSE, SAMUEL S., appointed Chairman Committee on Credentials 18 
 
 Resolutions by ... 36, 44, 4(3, 91, 408 
 
 Appointed on Comaiittee on Fin ince, etc 43 
 
 Report by as Chairman (Credentials) 36, 57, 58, 59 
 
 Amendments by 68, 103, 196, 242, 288, 338, 370,390 
 
 Memorial presented by 78 
 
 Yeas and nays demanded by 196, 271, 272, 386 
 
 Motions by 202, 204, 319 
 
 Appointed on Committee to wait oa tha Governor and the Legislature .406 
 
 HOUSE, JOHN F., motions by 16, 110, 12 J, 135, 146, 148, 159, 174, 235, 279, 297, 
 317, 318, 355, 372, 393 
 
 Resolutions by 16, 21, 69, 73, 183 
 
 Amendments proposed by 26, 27, 47, 5u, 51, 52, 93, 100, 110, 111, 113, 134, 145, 
 194, 230, 247, 342, 371 
 
 Appointedon Committee on the Judiciary 42 
 
 Appointed on Special Committee 121 
 
 Appointed on Cjmmtttee on Revision 137 
 
 Demands yeas and nays 101, 279 
 
 HUMPHREYS, WEST H., granted the privileges of the Hall 19 
 
461 
 I 
 
 PAGE. 
 
 IVIE, THOMPSONS., amendments proposed by 31, 33, 38, 44, 45, 52, 69, 70, 246, 
 247, 272 
 
 Appointed on Committee oh Legislative Department 41 
 
 Resolution by 69 
 
 Memorials presented by 144, 250 
 
 Leave of absence granted to . 241 
 
 Leave to record vote ....244 
 
 Yeas and nays demanded by 246, 247 
 
 Motions by 270, 271, 368 
 
 J 
 
 JONES, GEORGE W., resolution by 14, 19, 26, 113, 148, 321 
 
 Appointed on Committee on Rules 18 
 
 Motions by 19, 64, 74, 113, 114, 143 144, 145, 147, 158, 184, 185, 220, 236, 288, 
 
 3* 6, 332 
 
 Appointed on Committee on Legislative Department ..41 
 
 Appointed Chairman of Committee on Executive Department 42 
 
 Report as Chairman Committee on Executive Department 79 
 
 Amendments proposed by 88, 112, 156, 169, 193, 216, 217, 219, 224, 227, 231, 
 
 240, 260, 261, 272, 283, 293, 303, 304, 311, 313, 314, 324. 
 Demands yeas and nays, 159, 169, 177, 219, 231, 255, 269, 273, 277, 279, 281, 
 
 282, 283, 288, 294, 297, 312, 316, 319, 324, 325, 328, 329, 333. 
 
 Memorials presented by 166, 199 
 
 Excused from voting 176 
 
 Previons question demanded by 236, 240 
 
 Appointed on Special Committee 258 
 
 Appeals from decision of the Chair 333 
 
 JONES, THOMAS M., resolutions by 18, 23, 352, 367 
 
 Appointed on the Committee on the Judiciary 42 
 
 Appointed on the Committee on New Counties, etc 49 
 
 Amendments proposed by...., 69, 207, 318, 320, 326, 336, 337, 342, 382 
 
 Motions by 155, 262, 276, 290, 342 
 
 Yeas and nays demanded by 2l9, 326, 343, 355, 382, 396 
 
 Point of order raised by ... 333 
 
 JONES, THOS. W., elected Assistant Secretary 10 
 
 JUDGESHIPS declared vacant 204, 205 
 
 KENNEDY, D. N., resolutions by 14, 15. 16, 23, 29, 35, 77, 393 
 
 Motions by 25, 122, 173, 185, 190, 192, 230, 397 
 
 Appointed on Committee on Printing 34 
 
462 
 
 PAGE. 
 
 Appointed on Committee on Finance 43 
 
 .Amendments (rules ) proposed by 50. 74 
 
 Amendments to Constitution proposed by 172, 175, 183, 192, 196, 237, 240, 
 '253, 2-39, 235. 
 
 Demands previous question 95, 280, 332 
 
 Demands yeas and nays.'. - 116, 207, 236 240, 331, 332 
 
 Memorial presented by 292 
 
 Protest by Clarksville Board of Trade 360 
 
 KEY, D. M., resolutions by 31, 106 
 
 Appointed on Committee on Elections, etc 42 
 
 Appointed on Special Committee 121 
 
 Memorials presented by 105, 211 
 
 Motions by 113, 216, 279, 335, 336, 337, 379 
 
 Amendments proposed by 239, 379 
 
 Yeas and nays demanded by 244, 358 
 
 KIRKPATRICK, S. J., resolutions by 13,21,86,191 
 
 Appointed on Committee on Miscellaneous Subjects 43 
 
 Amendments proposed by 52, 53, 93, 95, 189, 205, 342, 373 
 
 Memorials presented by 91, 136, 137 
 
 Appointed on Committee on Common Schools 190 
 
 Motions by 279, 305, 319, 330, 352 
 
 Previous question demanded by 314 
 
 Leave of absence granted to 352 
 
 KYLE, A- A., appointed on Committee on Elections, etc 42 
 
 Amendment proposed by 96 
 
 Resolutions by 105 
 
 Motions by 119, 396 
 
 Protest by 397 
 
 Appointed on Committee to wait on Governor ,406 
 
 KYLE, WM. S., elected 2d Assistant Secretary 18 
 
 M: 
 
 MABRY, JOSEPH A., appointed on Committee on Printing 34 
 
 Appointed on Committee on Finance, etc 43 
 
 Resolution by 53 
 
 Motions by 195, 289, 349, 355, 359, 374, 390 
 
 Previous question demanded by 197 
 
 Amendments proposed by 221, 356, 357, 358, 372 
 
 Yeas and nays demanded by 258, 356, 357, 372 
 
 Minority report (Finance) by 291 
 
 McDOUGAL, A. G., resolutions by 26, 153 
 
 Appointed on Committee on Finance, etc 43 
 
 Amendments proposed by 103, 215, 217, 242, 344 
 
 Yeas and nays demanded by 216 
 
 Previous question demanded by 217 
 
463 
 
 PAGE. 
 
 , MALCOLM", appointed on Committee on Bill of Rights II 
 
 Resolutions by.-. ;<), 70, 87 
 
 Leave to change vote 178 
 
 Leave of absence 201 
 
 Protest by :;<I7 
 
 MARTIN, MATT., resolutions by w 29, 30, 44, 394 
 
 Appointed on Committee on Bill of Rights 41 
 
 Amendments proposed by 86, 87, 136, 224, 225, 380 
 
 Motions by 117, 146 
 
 Demands yeas and nays 145, IfxS 
 
 Appointed on Special Committee (Militia) 154 
 
 Report by from Special Committee (Militia) ,,;.!??. 158 
 
 Leave of absence granted to : .'-, 234 
 
 Memorials presented by.. .........263, 285 
 
 Appeal from decision of Chair .394 
 
 Protest by 397 
 
 MEEKS, JOHN H., takes his seat 49 
 
 Resolutions by 10G 
 
 Memorials presented by 121, 285 
 
 Appointed on Special Committee 190 
 
 Motion by 317 
 
 MERCHANTS OF NASHVILLE, invitation of 261 
 
 MORRIS, THOMAS C., amendments proposed by 37, 44, 234 
 
 Appointed on Committee on Bill of Rights 41 
 
 Yeas and nays demanded by 234, 259, 290, 344 
 
 Protest by 397 
 
 1ST 
 
 NETIIERLAND, JOHN, appointed on Committee on Rules 18 
 
 Appointed on Committee on Judiciary 42 
 
 Amendments proposed by 102 
 
 Memorial presented by 122 
 
 Appointed on Special Committees 154, 234, 258 
 
 Motions by 234, 270 
 
 Memorial presented by, 244 
 
 Resolutions by 252, 255, 264 
 
 Report by 263 
 
 Protest by 397 
 
 NICHOLSON, A. 0. P., calls the Convention to order 3 
 
 Resolutions by 14, 181, 182, 405 
 
 Motions by 19, 100, 116, 136, 143, 155, 161, 177, 209, 2l3, 250 
 
 Appointed on Committee on the Judiciary 42 
 
 Appointed Chairman of Committee on Elections, etc 42 
 
 Appointed Chairman on Committee on Revision 137 
 
464 
 
 PAGE. 
 
 Reports by, as Chairman 92, 115, 116, 211, 257, 348 
 
 Amendments by 00, 172, 184, 302, 304, 320, 375, 888, 392, 405 
 
 Previous question demanded by 176 
 
 o 
 
 ORDINANCE Reported 406 
 
 ORDINANCE as adopted ,.441 
 
 IP 
 
 PARKER, JAMES C., appointed on Committee on Executive Department 42 
 
 Amendments by 63, 54, 184 
 
 Protests by 179, 253, 322 
 
 POLK, MRS. J. K., resolution in relation to 232 
 
 PORTER, GEORGE C., appointed on Committee on Credentials 18 
 
 Appointed on Committee on Bill of Rights 41 
 
 Amendments proposed by. ..22, 23, 30, 53, 89, 119, 133, 134, 229, 269, 270, 305, 
 311, 324, 338. 
 
 Resolutions by 70, 76, 77, 334 
 
 Demands yeas and nays 78, 195, 335, 339 
 
 Motions by 80, 176, 183, 215, 217, 222, ?05, 339, 344, 350, 36(J, 37*; 
 
 Previous question demanded by .216, 315 
 
 Protest by ; HK> 
 
 Appointed on Committee on Expenditures 304 
 
 PORTER, JAMES D., Jr. appointed on Committee on Rules 18 
 
 Appointed on Committee on Judiciary 42 
 
 Appointed on Special Committee 121 
 
 Amendments by 89, 120, 170,196, 245,353 
 
 Previous question demanded by 2.S9 
 
 Motions by 110, 218, 238, 246, 310, 382 
 
 Leave of absence granted 315 
 
 Resolutions thanking officers 405 
 
 PROCLAMATION of Governor, declaring Ratification 444 
 
 R, 
 
 REPORTS OF COMMITTEES 55, 56, 59, 79, 92, 122, 132, 137, 167, 211, 233, 
 
 257, 264, 285, 287, 323, 348, 367, 389, 390, 400. 
 
 RUSSWURM T. E. S., elected Secretary '.) 
 
 RATIFICATION of Constitution, Certificate of 443 
 
465 
 
 PAGE. 
 
 SAMPLE, WILLIAM, reso'utions by 35, 36, 77, 87, 91, 23f, 334 
 
 Appointed on Committee on Bill of Rights 4i 
 
 Memorials presented by 91. 192 
 
 Amendments proposed by 217, 230, 234, 2H8 
 
 SEAY, GEORGE E., resolutions by 27, 28, 3-">l 
 
 Appointed on Committee on Finance, etc 43 
 
 Appointed Chairman of Committee on New Counties, etc 49 
 
 Amendments by 54, 77, 94, 171, 194, 239, 348, 357, 368, 370, 381, 395 
 
 Leave of absence granted to 168 
 
 Memorials presented by 106, 191 
 
 Motions by 170, 333, 359, 371, 378, 381 
 
 Yeas and nays demanded by 171, 245, 359, 368, 372 
 
 Report by, as Chairman 264, 267, 377 
 
 Report from minority of Committee 2i)l 
 
 SHELTON, E. H., takes his seat 17 
 
 Appointed on Committee on Legislative Department 4t 
 
 Protest by 300 
 
 SHEPARD, R. G.. appointed on Committee on Executive Department 42 
 
 Resolution by 54, 393 
 
 Yeas and nays demanded by 256, 339 
 
 Memorial presented by 276 
 
 Protests by 300, 3'. 8 
 
 Amendments by 378 
 
 STALEY, W. B., resolutions by 25, 26, 59 
 
 Appointed on the Committee on the Judiciary 42 
 
 Minority report (Judiciary) by 120 to 132 
 
 Amendments by 147, 1G9, 379 
 
 Motion by 157 
 
 Protests by 178, 253 
 
 Yeas and nays demanded by 380 
 
 STEPHENS, WM. H., resolutions by 19, 29, 30, 54, 136, 261 
 
 Appointed Chairman of Committee on Legislative Department 41 
 
 Appointed Chairman of Committee on Finance, etc 43 
 
 Amendments proposed by 88, 153, 154, 169, 189, 209, 270, 283, 369, 395 
 
 Motions by HO, 159, 168, 205, 231, 297, 346, 352 
 
 Appointed Chaiiman of Committee on Revision 137 
 
 Report by, as Chairman of Com. oh Legislative Department.. 137, 143, 335, 368 
 
 Appointed on Special Committee 154 
 
 Memorials presented by 21],3f>0 
 
 Protest by :}<)() 
 
 STKWART, L. G., elected Doorkeeper ...12 
 
466 
 T 
 
 PAGE. 
 
 TAYLOR, JOHN M., takes his seat .17 
 
 Resolutions by .' 34, 55, 802 
 
 Appointed on Committee on Bill of Rights II 
 
 Appointed on Committee on New Counties 4i> 
 
 Amendments by 50, 221, 230, 307, 30s, :54i> 
 
 Motions by 101, 222, 233, 300, 340 
 
 Yeas and nays demanded by 171, 227, 308, 311. 302,3(54 
 
 Appointed on Special Committee 1<)0 
 
 Memorials presented by 232, 244 
 
 THOMPSON, JOHN C-, resolutions by ..;.:.. 28, 45, 182, 192, 311 
 
 Amendments proposed by 33, 34, 35, 3(5, 37, 87, 80, 95, 207, 200, 314, 332, 
 
 345, 389, 392. 
 
 Appointed on Judiciary Committee 42 
 
 Motions by 209, 289, 284, 847 
 
 Memorials presented by 262. 347 
 
 Protest by 300 
 
 THOMPSON, W. VANCE, appointed on Committee on Legislative Department 41 
 
 Amendments proposed by 54, 188, 200, 201, 273, 820, 3-'() 
 
 Resolutions by 71, 397 
 
 Motions by 74, 228, 250, 371, 377, 382 
 
 Memorials presented by 78, 106, 251 
 
 Demands previous question 134 
 
 Leave to record vote 178 
 
 Yeas and nays demanded by 320 
 
 TRIGG, Hon. C. F., extended the privileges of the Hall 311 
 
 TURNER, JAMES J., amendments proposed by. ..23, 24, 43, 47, 55, 93, 94. 194, 224, 
 225, 229, 295, 340. 
 
 Appointed Chairman of Committee on Miscellaneous Subjects 43 
 
 Motions by 110, 117. 108. 320, 381,385 
 
 Report by, as Chairman 107, 233 
 
 Ordinance by 199 
 
 Yeas and nays demanded by.... 224, 229, 345 
 
 Resolutions by 322, 352, 383 
 
 Previous question demanded by 229, 329 
 
 WALTERS, G. W., Appointed on Committee on Miscellaneous Subjects 43 
 
 Resolutions by demanded 73 
 
 Leave to record vote 170 
 
 Leave to change vote 170 
 
 Motion by 275 
 
 Yeas and nays demanded by 275 
 
 Protest by 397 
 
467 
 
 WARNER. RICHARD, Jr., resolutions by 17, 24, 25, 20, S7, ?8, '.), ' 7 
 
 Appointed on Committee on Executive Department 12 
 
 Appointed on Committee on New Counties, etc., -I-'.) 
 
 Amendments proposed by. .55, 71, 72. 7:'., 7*, 79, 101, HH, 174, 188, 210, 34<;, 3<;o 
 
 Memorials presented by ^ 91, 122 
 
 Motion by 1 13 
 
 Yeas ;ud nays demanded by 171 
 
 Minority report by .-.,, -t-7 
 
 WILLIAMSON. W. II. , appointed on Committee on Credentials IS 
 
 Appointed on Commiitee on Elections, etc '. .42 
 
 Appointed Chairman of Committee on Expenditures .' 300 
 
 Amendments by 102, 1U<5, 107, U2, 283, 305, 355, 393 
 
 Amendments by rejected 1 17 
 
 Excused from voting 1TO, 241 
 
 Resolutions by 80, 3<4. 306 
 
 Yeas and nays demanded by 101, 270 317, 305 
 
 Motions by 283, 303, 404 
 
 Report by as Chairman Committee on Expenditures 400, 403 
 
 Protest by 308 
 
 WIUGHT, W. M., appointed on Committee on Executive Department 42 
 
 Motions by 93, 247 
 
 Demands previous question '. 103 
 
 Resolutions by 113, 154 
 
 Demands yeas and nays 134 
 
 Memorial presented by 157 
 
 Protest by 300 
 
 YEAS AND NAYS, 74, 78, 95, 100, 101, 102, 103, 109, llO, 111, 114, 116, 117, 118, 
 119, 134, 135, 145, 147, 155, 15f>, 158, 159, 161, 1(59, 171, 173, 174, 175, 170, 
 177, 183, 185, 186, 187, 189, 193, 195, 190, 197, 201, 205, 2(6, 207, 208, 212, 
 213. 210, 210, 217, 218, 219, 22', 222, 223, 224, 225, 220, 227, 228, 2J9, 
 231, 235. 23(1, 2^8. 2-10, 241, 244. 243, 24(5, 247, 249, 255, 250, 258, 259, 269, 
 270. 271, 272, 273, 274, 275, 277, 278, 279, 280, 281, 282, 2b3, 287, 288, 289, 
 29i>, 292, 293, 294, 295, 296, 297, 298, 299, 302, 304, 305, 300, 308, 309, 311. 
 312, 313, 314, 31(>, 317, 318, 319, 320, 324, 325, 320, 327, 328, 329, 330, 331, 
 332. 333, 335, 330. 337, 338, 339, 340, 341, 343, 344, 345, 346, 350, 351, 353, 
 354. 355, 350, 357. 358, 359, 301, 302, 363, 304, 305, 300, 367, 368, 369, 370, 
 371. 372, 373, 374, 370, 377, 379, 380, 381, 382, 384, 385, 386, 390, 392, 393, 
 394. 395, 3'JO, 397. 
 
i - 
 
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