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except that of rebellion or invasion; and in such case the General Assembly shall declare the public safety requires it.
Mr. DROMGOOLE offered the following in lieu :
The Governor shall not call into service the militia of this State in any case, 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 rebellion 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 defining 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 motion to lay on the table lost. Yeas..........
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, etc., Burkett, Burton, Byrne, Campbell, Chowning, Coffin, Cypert, Déaderick, Deavenport, Dibbrell, Doherty, Dromgoole, Fentress, Fielder, Fulkerson, 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
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.
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 instructed 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 improvements 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 property 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.
The Convention assembled at 3 o'clock P. M., Mr. President BROWN in the Chair.
Mr. JONES, of Lincoln, moved that the Convention adjourn until 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.
Those voting in the affirmative are:
Messrs. Allen, Arledge, Burton, Dromgcole, 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, House of Davidson, Robertson and Montgomery, Ivie, Jones of Giles, Mabry, McDougal, 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 received."
The section will then read : “Every man of the age of twentyone 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 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 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."
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.
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 Constitution, occasioned by death, resignation or removal, the appointment 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 23 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,
On motion of Mr. BAXTER the resolution was amended by striking out 9 and substituting 91 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 report 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 :
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 affirmation, 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. 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 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 Appeals, Judges of the Supreme Courts, Judges of the Inferior Courts, Chancellors, Attorneys for the State, and Secretary of State, shalí 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 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 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.
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