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terested, or where either of the parties shall be connected with him by affinity or consanguinity within such degrees as may be prescribed by law, or in which he may have been of counsel, or in which he may have presided in an inferior court, except by the consent of all the parties. In case all or any 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.

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.

Sections 12, 13, 14 and 15, as in the present Constitution, to-wit: Sec. 12. 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. 13. Judges of the Supreme Court shall appoint their Clerks, who shall hold their offices for six years. Chancellors (if Courts of Chancery shall be established) shall appoint their Clerks and Masters, who shall hold their offices for a period of six 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, incompetency, or neglect of duty, in such manner as may be prescribed by law.

Sec. 14. 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. 15. 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.

SCHEDULE.

To meet present emergencies, and relieve the dockets of the Supreme Court of the great accumulation of causes now upon them, it shall be the duty of the Governor of the State, immediately after the ratification of the amended Constitution, to appoint two additional Supreme Judges, who, together with the present Supreme Judges or their successors, shall compose the Supreme Court of the State, for the time being-who shall sit together and try causesthe concurrence of three being necessary to a decision. Said two additional Supreme Judges shall receive, each, the same compensation as each one of the other three Judges. And said five Supreme Judges shall hold their office until the first election for Supreme Judges under this schedule. At the first election of Supreme Judges under this schedule, and forever thereafter, only three Supreme Judges shall be elected, as provided for in Section 3, Article VI. of this Constitution.

That no inconveniencies may arise from a change of the Constitution, it is declared that all civil officers of this State, except the Attorney-General and Reporter for the State, the several District Attorneys-General, and the Judges of the several courts, shall hold their respective offices until the expiration of the present term of service.

The present Supreme Judges and those to be appointed by the Governor, also the Circuit Judges and Chancellors, and Judges of Criminal Courts and other inferior courts, shall hold their office until their successors are elected under this schedule. The present Attorney-General and Reporter, and the several District AttorneysGeneral, shall hold their office until their successors are elected under this schedule.

The first election for Circuit Judges and Chancellors and Judges of Criminal Courts, and District Attorneys-General, shall be held on the day of -, 1870, by the Sheriffs of the several counties, in the manner prescribed by the Code of Tennessee.

The first election for Judges of the Supreme Court and for an Attorney-General and Reporter for the State, shall be held on the first Tuesday of May, 1872.

MEMORIAL.

Mr. JONES, of Lincoln, presented a memorial from sundry citizens, praying the creation of a new county out of portions of Lincoln, Franklin and Bedford Counties; which, without being read, was referred to the Committee on New Counties and County Lines.

Mr. TURNER, from the Committee on Miscellaneous Provisions,

made the following report, which, on motion of Mr. TAYLOR, was ordered to be laid on the table, and 100 copies printed for the use of the Convention :

REPORT ON MISCELLANEOUS MATTERS.

MR. PRESIDENT: The Committee on Miscellaneous Provisions, having under consideration the various subjects referred to them, instruct me to report the following amendments, and recommend their adoption. The Committee ask to be discharged from the consideration of those questions not reported upon :

Taking up Article XI, I am instructed to recommend that said Article be amended as follows:

At the end of Section 3, add as follows:

"The Legislature shall have the right, at any time, by law, to submit to the people the question of calling a Convention to alter, reform or abolish this Constitution, and when, upon such submission, a majority of all the votes cast shall be in favor of said proposition, then delegates shall be chosen, and the Convention shall assemble in such mode and manner as shall be prescribed."

After Section 5, add a section as follows:

Sec. "The Legislature shall have no power to change the names of persons, or to pass Acts adopting or legitimating persons, but shall, by general laws, confer this power on the courts."

After Section 11, insert a section as follows:

Sec.. "No member of the Legislature nor Convention, or judicial officer of this State shall receive, while in office, either directly or indirectly, any gift, gratuity, fee or reward from any person or corporation, otherwise than by the general law of the land." After the last Section, insert the following Section:

Sec.. "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 less than one thousand dollars, shall be exempt from forced sale under any process of law during the lifetime 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.

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The Legislature may increase the amount of this exemption." After the last Section insert the following Section:

Sec.. "The intermarriage of white persons with negroes, mulattoes, or persons of mixed blood, descended from a negro to the third generation, inclusive, is prohibited."

"The Legislature shall enforce this section by appropriate legislation."

I am instructed to report an amendment to Article II, Section 25, so as to make it read as follows:

"No person who heretofore hath been, or may hereafter be a collector or holder of public moneys, shall hold any civil office under this State, until such person shall have accounted for and paid into the Treasury all sums for which he may be accountable or liable."

I am instructed to report the following section, in lieu of Article VII, Section 1, so as to make the office of Trustee a Legislative office, if the same shall be retained by them, instead of having it a Constitutional office.

Section 1. "There shall be elected in each county, by the qualified voters therein, one Sheriff and one Register-the Sheriff for two years, and the Register for four years; Provided, that no person shall be eligible to the office of Sheriff more than six years in any term of eight years.'

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"There shall be elected for each county, by the Justices of the Peace, one Coroner and one Ranger, who shall hold their offices for two years. Said officers shall be removed for malfeasance, or neglect of duty, in such manner as may be prescribed by law."

A portion of the Committee differ with a majority as to a portion of the propositions before them, but agree to the greater part of the report.

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On motion of Mr. STEPHENS, leave of absence was granted Mr. Hill, of Gibson, for to-morrow.

On motion of Mr. TURNER, leave of absence was granted Mr. Seay for to-morrow.

On motion of Mr. BURTON, leave of absence for to-morrow was granted to Mr. Arledge.

SPECIAL ORDER.

On motion of Mr. HEISKELL, the report of the Judiciary Committee was made the special order for Tuesday next.

THE ELECTIVE FRANCHISE FURTHER CONSIDERED.

The Convention proceeded to the consideration of the unfinished

business of yesterday—the report of the Committee on Franchise. Mr. STALEY offered the following amendment:

That all parts of the report of the majority of the Committee on Elections and Elective Franchise contained in Article IV, Section 1, as recommended by said Committee, beginning with the word “and” in the 6th line, and ending with the word "received" in the 9th line be stricken out.

The foregoing amendment having been acted on in a different form, was not urged by Mr. Staley.

Mr. STEPHENS offered the following in lieu of Section 1, Article IV, as reported by the Committee on Elections:

ARTICLE IV.

Section 1. Every male person of the age of twenty-one years, being a citizen of the United States, and of the county wherein he may offer his vote for one year next preceeding the day of election, and a resident in the civil district wherein he may offer his vote for six months next preceding the day of election, shall be entitled to vote for members of the General Assembly and other civil officers of the county or district in which he may reside. Each voter shall give to the Judges of election satisfactory evidence that he has paid all poll taxes due by him up to some preceding period to be fixed by the Legislature: 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 Legislature shall pass laws securing the freedom of elections and the purity of the ballot box. Mr. STEPHENS subsequently withdrew his amendment.

Mr. JONES, of Lincoln, submitted the following amendment: Strike out all after the word "except" in the seventh line, to and including the word "received" in the ninth line, and insert as herein prescribed, and the right to vote shall be determined by the Judges of the election without a tax receipt or certificate of registration.

Mr. HEISKELL moved to lay the amendment of Mr. Jones on the table.

Mr. JONES, of Lincoln, demanded the yeas and nays, which were ordered, and the motion to lay on the table sustained.

Yeas......

Nays......

.45

.28

Those voting in the affirmative are:

Messrs. Allen, Baxter, Brandon, Brown of Davidson, Brown of

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