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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 holden by Justices of the Peace may also be established.
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 restrictions 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 constitutionality 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 constitutionality of an Act of the General Assembly, or the rights and duties of public officers, shall be prosecuteu 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
Supreme Court. The other two Judges shall reside in the respective 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 necessary 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 Attorney
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 tem.
Sec. — 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. — The Judges of the Courts of Errors and Appeals, and the Supreme Courts and 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 any fees or perquisites 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-... 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 Erròrs 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 consanguinity, within such degress as may be prescribed by law, or in which he may have been of counsel, or in which he may have presided in any Inferiur 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 requisite number of men, of law knowledge, for the trial and determination thereof. In case of sickness of any of the Judges of the Supreme 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 malfeasance, incompeteney, or negļeot 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,
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 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 Legislature shall have power to provide for the appointment of an additional number of Justices of the Peace in incorporated towns.
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 expiration of their terms of service.
Sec. 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
, 1870, by the Sheriffs in the several counties in the manner prescribed by the Code.
Mr. McDOUGAL submitted the following resolution, which was read and referred to the Committee on the Judicial Department:
Resolved, That the Committee on the Judicial Department be directed 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 IV, as reported by the Committee on Elections:
1st. Strike out from the first line the word "6 » and insert the word “male person.”
2d. Strike out the word "six” in the third line, and insert the word “twelve.”
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 judges of election where he offers to vote, satisfactory 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 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 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 elections by the people, to fill all such vacancies, shall take place immediately upon the ratification of the Constitution proposed by this Convention and submitted to the people.
On motion of Mr. WRIGHT, the resolutions were referred to the Committee on Elections.
COMMITTEE ON MILITIA.
The PRESIDENT announced the following gentlemen as constituting the Special Committee on Mr. Martin's resolution, defining 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 business of yesterday—the report of the Committee on Franchise and Right of Suffrage, and the amendments proposed thereto; ;
and before coming to a conclusion thereon, at 10 o'clock the Convention took a recess until 21 o'clock P. M.