Martin, Morris, Meeks, Netherland, Porter of Henry, Sample, Seay, Shepard, Stephens, Taylor, Thompson of Davidson, Warner and Wright-43.

Those voting in the negative are :

Messrs. Bate, Branson, Brandon, Byrne, Carter, Coffin, Deaderick, Dibbrell, Gardner, Garner, Gibson, Heiskell, House of Williamson, House of Davidson, Robertson and Montgomery, Jones of Lincoln, Kennedy, Key, Kirkpatrick, Kyle, McNabb, Nicholson, Parker, Porter of Haywood, Shelton, Staley, Thompson of Maury, Turner, and Williamson-28.

Mr. PORTER, of Henry, offered the following amendment: Strike out the words "joint vote of the General Assembly," and insert the words "by the Governor of the State."

On motion of Mr. BAXTER, the amendment was laid on the table. The section was then passed without amendment.

The amendment of Mr. HOUSE of Montgomery, etc., conferring on the Governor a qualified veto power, was postponed until to

morrow.

IMPEACHMENT PENALTIES.

Mr. HEISKELL submitted the following resolution :

Resolved, That a Committee of five be appointed, to whom it shall be referred to report whether it is proper that this Convention take any action in regard to relieving persons impeached from the penalties imposed.

With instructions further to report whether any action is proper and necessary in reference to the case of Judge Thomas N. Frazier. On motion of Mr. HEISKELL, the rules were suspended and the resolution adopted.

On motion of Mr. House of Davidson, Robertson and Montgomery, the Convention adjourned until to-morrow morning at 10 o'clock.

SATURDAY MORNING, JANUARY 22, 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
yesterday was read and approved.

COMMITTEE ON IMPEACHMENT.

The PRESIDENT announced the following gentlemen as constituting the Select Committee, under Mr. Heiskell's resolution in relation to impeachment, and the case of Judge Thos. N. Frazier, viz : Messrs. Baxter, Heiskell, Key, House of Montgomery, and Porter of Henry.

The roll was called for memorials and petitions.

AMENDMENTS PROPOSED.

Mr. BROOKS submitted the following resolution, which was read and referred to the Committee on New Counties and County Lines:

Resolved, That the Constitution be so amended that there may be a new county formed out of the Counties of Jackson and Overton. Provided, That in the formation it shall contain at least 400 qualified voters; and further, said new county shall contain at least. 300 square miles of territory, and shall not reduce either of the old counties, from which it is taken, below 500 square miles. Provided further, That the line of said new county shall not approach either of 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 county. The county seat of the old counties, from which said new county is formed, shall not be removed without a concurrence of two-thirds vote of both Branches of the Legislature.

MEMORIALS.

Mr. MEEKS presented a memorial from sundry citizens of McNairy County, praying a change of the Constitution in relation to the formation of new counties, which, without being read, was referred to the Committee on New Counties and County Lines.

Mr. NETHERLAND 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 Committee 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 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.

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 report, 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 Constitution, and for such portion of the schedule to be attached to the Constitution as relates to the subjects referred to them.

J. B. HEISKELL, Chairman.

ARTICLE V.

Sec. 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 affirmation, and 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, from their own body, three members, whose duty it shall be to prosecute impeachments. No impeachment shall be tried unless 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 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 hereinbefore 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 establish; 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 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 the State.

The Judges shall designate one 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 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 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 concurrence of two-thirds of the whole number required by law to compose that body.

of

Every Judge of the Supreme Court shall be thirty-five years 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 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 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 ascertained by law, which shall not be increased or diminished during the time for which they are elected. They shall not be allowed