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Cummings, Deavenport, Fentress, Fielder, Heiskell, Jones of Lincoln, 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, Burton, Byrne, Chowning, 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, McNabb, Martin, Morris, Meeks, Netherland, Nicholson, Parker, Sample, Seay, Staley, Thompson of Davidson, Thompson of Maury, Turner, Walters, and President Brown–54.
Mr. Fentress offered the following in lieu of the majority report of the Committee on Franchise and Right of Suffrage :
Section 1. Every free white man 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 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
prescribed 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 people may be clearly gotten upon it, in such manner as this Convention 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 citizen 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
be against 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 ordered, and the motion to lay on the table sustained. Yeas.
...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, Robertson and Montgomery, Ivie, Jones of Giles, Kennedy, Key, Kirkpatrick, Kyle, Mabry, McDougal, McNabb, Martin, Morris, Meeks, Netherland, Nicholson, Porter of Haywood, 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 tomorrow morning at 9 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.
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 were referred to the Committee on New Counties and County Lines.
Mr. FIELDER, presented a memorial from a large number of citizens, 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 inajority 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 :
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 affirmation, 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 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 cf the Supreme Court, Judges of the Inferior Courts, Chancellors, Attorneys for the State, and Sec
retary 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.
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
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 shall be elected by the qualified voters of the State at large, and the Judges of such inferior 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
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 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 shall 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 Inferior 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 jurisdiction into such court, 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 in