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Resolved, That hereafter, and until further ordered, the Convention shall meet at 91 A.-M.
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 Linesbe 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 defined by Legislative enact
Mr. KYLE submitted the following preamble and resolution, which were read and referred to the Committee on Internal Improvements, Finance, etc. :
WHEREAS, 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 unreasonable 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 counties of the State, annually, from $80,000 to $100,000, the incumbents thereof, rendering inadequate and but little service therefor,
WHEREAS, It behooves every lover of the State in our straightened financial condition to look well to an economical administration 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 substituting 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 new 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:
Resolved, That a new County may be formed by the Legislature out of the territory around the town of Loudon 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 inquire 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.
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 Districts, 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, which, 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.
Mr. WILLIAMSON submitted the following amendment, which was read and on his motion ordered to be laid on the table :
Resolved. That Section 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 Governor; if he approve, he shall sign it; but if not, he shall return 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 objection of the Governor: But in all such cases, the votes of 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 returned by the Governor within ten days (Sundays excepted) after it shall have been presented to him, the same shall be a law in like ntanner 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 yesterday:
Mr. CYPERT offered the following amendment to Section 19:
That the nineteenth Section of the Bill of Rights as reported by the Committee be so amended as to read as follows:
That the printing presses shall be free to every person who undertakes 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 prosecutions for the publication of papers, investigating the official or private 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 "conduct of officers or men in public capacity," and insert the words or private 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.
Section 20 was taken up, when Mr. DEAVENPORT submitted the following amendment:
That Section 20 be so amended that “other” may be inserted between 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 representatives, 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 sustained, and the amendment of Mr. CAMPBELL was adopted, and Section 25, as amended, was adopted.
Mr. HEISKELL offered the following clause to Section 25:
“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.”
Which was adopted.
Mr. GARDNER offered the following amendment to Section 26, by adding to the end of the Section :
“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 adopted by the Convention.
Section 27 was adopted as reported by the Committee, without amendment.
Mr. CYPERT 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 Convention, as reported by the Committee, without amendment.
Mr. HEISKELL moved to reconsider the vote adopting the fourteenth Section.
Mr. BAXTER moved to lay the motion to reconsider on the table, and demanded the yeas and nays, which were ordered, and the motion to lay on the table lost.
Those voting in the affirmative are :
Messrs. Allen, Arledge, Bate, Baxter, Blackburn, Blizard, Branson, Britton, Brooks, Carter, Chowning, Cummings, Deaderick, Fielder, Finley, Gibbs, Henderson, Hill of Warren, Hill of Gibson, Ivie, Jones of Lincoln, Kirkpatrick, Mabry, McDougal, McNabb, 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, Garner, 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 Haywood, 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.