by the people of the amended Constitution, at such time as may be therein prescribed," Was, under the operation of the previous question, adopted. Mr. CYPERT demanded the yeas and nays, which were ordered, resulting as follows: Yeas.. Nays. Those voting in the affirmative are: .55 .16 Messrs. Allen, Arledge, Baxter, Blizard, Brandon, Britton, Brooks, Brown of Henry, etc., Burkett, Burton, Byrne, Campbell, Carter, Chowning, Cummings, Deaderick, Deavenport, Doherty, Dromgoole, Fentress, Fielder, Fulkerson, Gardner, Garner, Gaut, Gibbs, Heiskell, Henderson, Hill of Warren, Hill of Gibson, Ivie, Jones of Lincoln, Jones of Giles, Kennedy, Kirkpatrick, Kyle, McDougal, McNabb, Martin, Morris, Meeks, Netherland, Nicholson, Porter of Henry, Seay, Shepard, Shelton, Stephens, Taylor. Thompson of Maury, Turner, Walters, Warner, Williamson and Wright--55, Those voting in the negative are: Messrs. Blackburn, Branson, Brown of Davidson, Coffin, Cypert, Dibbrell, Finley, Gibson, House of Williamson, House of Davidson, Roberston, and Montgomery, Key, Mabry, Parker, Porter of Haywood, Sample, and Staley-16. Resolution No. 2. "It is the judgment of this Convention that the Supreme Judges, Chancellors, Circuit Judges, Criminal Judges, Attorney and Reporter for the State, and the States Attorneys for the District, be appointed by the Governor, by and with the advice and consent of the Senate." Mr. KIRKPATRICK offered the following in lieu of resolution No. 2: It is the judgment of this Convention that the Supreme Judges with the Attorney General and Reporter for the State, be elected by the qualified voters of the State at large; and that the Chancellors, Criminal and Circuit Judges, and District Attorneys-General, be elected by the qualified voters of their respective districts or circuits. Mr. GIBSON offered the following amendment to Mr. Kirkpatrick's resolution in lieu : Add: "And that no Delegate in this Convention shall be eligible to fill any of the vacancies created by the new Constitution." Mr. STEPHENS moved to lay the amendment of Mr. Gibson on the table. Mr. GIBSON demanded the yeas and nays, which were ordered, and the motion to lay on the table sustained. Yeas....... Those voting in the affiative are: ..61 ..11 Messrs. Allen, Arledge, Baxter, Blizard, Britton, Brooks, Brown of Henry, etc., Burkett, Burton, Byrne, Campbell, Carter, Chowning, Coffin, Cummings, Deaderick, Deavenport, Dibbrell, Dromgoole, Fentress, Fielder, Gardner, Garner, Gaut, Gibbs, Heiskell, Henderson, Hill of Warren, Hill of Gibson, House of Williamson, House of Davidson, Robertson and Montgomery, Ivie, Jones of Lincoln, Jones of Giles, Kennedy, Key, Kirkpatrick, Kyle, Mabry, McDougal, McNabb, Martin, Morris, Meeks, Netherland, Nicholson, Porter of Haywood, Porter of Henry, Seay, Shepard, Shelton, Stephens, Taylor, Thompson of Maury, Turner, Walters, Warner, Williamson, Wright and President Brown-61. Those voting in the negative are: Messrs. Blackburn, Brandon, Branson, Brown of Davidson, Cypert, Doherty, Finley, Gibson, Parker, Sample and Staley-11. Mr. ALLEN moved to lay the resolution of Mr. Kirkpatrick on the table, and demanded the yeas and nays, which were ordered, and the motion to lay on the table rejected. Yeas..... Those voting in the affirmative are: 19 ..50 Messrs. Allen, Baxter, Brown of Davidson, Campbell, Carter, Heiskell, House of Williamson, House of Davidson, Robertson and Montgomery, Ivie, Jones of Giles, Kennedy, Kyle, Netherland, Nicholson, Porter of Haywood, Shelton, Staley, Stephens, Thompson of Maury, and Turner-19. Those voting in the negative are: Messrs. Arledge, Blackburn, Blizard, Branson, Brandon, Britton, Brooks, Brown of Henry, etc., Burkett, Benton, Byrne, Chowning, Coffin, Cummings, Cypert, Deaderick, Deavenport, Dibbrell, Doherty, Dromgoole, Fielder, Finley, Fulkerson, Gardner, Garner, Gaut, Gibbs, Gibson, Henderson, Hill of Warren, Hill of Gibson, Jones of Lincoln, Key, Kirkpatrick, Mabry, McDougal, McNabb, Martin, Morris, Meeks, Parker, Porter of Henry, Sample, Seay, Shepard, Taylor, Walters, Warner, Williamson and Wright-50. The Convention took a recess until 2 o'clock. AFTERNOON SESSION. Mr. JONES of Giles, offered the following in lieu of Mr. Kirkpatrick's resolution: It is the judgment of the Convention that the Judges of the Supreme Court, Chancellors, Circuit Judges, Criminal Judges, Attorney and Reporter for the State, and the State's Attorneys for the district, be appointed by the Legislature, in joint convention assembled. On motion of Mr. GARNER, the amendment was laid on the table. Mr. BROWN, of Davidson, offered the following amendment in lieu of Mr. Kirkpatrick's: Resolved, That the Supreme Judges shall be appointed by the Governor, by and with the advice and consent of the Senate, but the Chancellors, Circuit Judges, Criminal Judges, Attorney and Reporter of the State, and State's Attorneys of the district, shall be elected by the qualified voters as now provided. Which was rejected by the Convention. Mr. THOMPSON, of Davidson, submitted the following in lieu of Mr. Kirkpatrick's resolution : It is the judgment of the Convention that the Supreme Judges should be appointed by the Governor and confirmed by two-thirds of the entire Senate; that the Attorney General and Reporter should be selected from the bar and appointed by the Judges of the Supreme Court; and that the Chancellors, Circuit Judges, Judges of Criminal Courts, and District Attorneys General, be elected by the qualified voters of their respective districts or circuits. Mr. DEAVENPORT moved to lay the amendment of Mr. Thompson on the table. Mr. KENNEDY demanded the yeas and nays, which were ordered and the motion to lay on the table sustained: Yeas... Those voting in the affirmative are : ...46 .21 Messrs. Allen, Baxter, Blizard, Branson, Brandon, Britton, Brooks, Brown of Henry, etc., Burton, Chowning, Coffin, Cummings, Cypert, Deaderick, Deavenport, Dibbrell, Doherty, Dromgoole, Fentress, Fielder, Gardner, Garner, Gaut, Gibbs, Gibson, Hill of Warren, Hill of Gibson, Jones of Lincoln, Kirkpatrick, Kyle, McDougal, McNabb, Martin, Morris, Meeks, Parker, Porter of Henry, Sample, Seay, Shepard, Taylor, Turner, Walters, Warner, Williamson and Wright-46. Those voting in the negative are: Messrs. Blackburn, Brown of Davidson, Byrne, Carter, Gordon, Heiskell, Henderson, House of Williamson, House of Davidson, etc., Jones of Giles, Kennedy, Key, Netherland, Nicholson, Porter of Haywood, Shelton, Staley, Stephens, Thompson of Davidson and Thompson of Maury-21. Mr. KIRKPATRICK'S resolution was then adopted in lieu of resolution No. 2, of Mr. Nicholson, by the following vote: Yeas... Those voting in the affirmative are: ...49 ..23 Messrs. Arledge, Blizard, Brandon, Branson, Britton, Brooks, Brown of Henry, etc., Burkett, Burton, Byrne, Chowning, Coffin, Cummings, Cypert, Deavenport, Dibbrell, Doherty, Dromgoole, Fentress, Fielder, Finley, Fulkerson, Gardner, Garner, Gaut, Gibbs, Gibson, Henderson, Hill of Warren, Hill of Gibson, Jones of Lincoln. Key, Kirpatrick, Mabry, McDougal, McNabb, Martin, Meeks, Morris, Parker, Porter of Henry, Sample, Seay, Shepard, Taylor, Walters, Warner, Williamson and Wright-49. Those voting in the negative are: Messrs. Allen, Bate, Baxter, Brown of Davidson, Campbell, Carter, Gordon, Heiskell, House of Williamson, House of Davidson, etc., Ivie, Jones of Giles, Kennedy, Kyle, Netherland, Nicholson, Porter of Haywood, Shelton, Staley, Stephens, Thompson of Davidson, of Maury and Turner-23. Mr. BURTON submitted the following resolution: Resolved, That the Legislature shall so provide that but two terms of the Circuit Court shall be held in any county in each year, and shall further provide that every cause shall stand for trial at the first term. Mr. BLIZARD moved to lay the resolution on the table. The yeas and nays were ordered and the motion to lay on the table sustained : Yeas... Nays.... Those voting in the affirmative are: ...59 11 Messrs. Baxter, Blizard, Brandon, Branson, Britton, Brown c Davidson, Burkett, Carter, Chowning, Coffin, Cummings, Cypert, Deaderick, Doherty, Dromgoole, Fentress, Fielder, Finley, Fulkerson, Garner, Gaut, Gibbs, Gibson, Gordon, Heiskell, Henderson, Hill of Warren, Hill of Gibson, House of Williamson, House of Davidson, etc., Ivie, Jones of Lincoln, Jones of Giles, Kennedy, Key, Kirkpatrick, Kyle, Mabry, McDougal, McNabb, Martin, Meeks, Morris, Netherland, Nicholson, Parker, Porter of Haywood, Sample, Seay, Shepard, Shelton, Staley, Stephens, Taylor, Thompson of Maury, Turner, Walters, Warner and Williamson-59. Those voting in the negative are: Messrs. Brooks, Brown of Henry, etc., Burton, Byrne, Campbell, Dibbrell, Gardner, Porter of Henry, Thompson of Davidson, Wright and President Brown--11. On motion of Mr. NICHOLSON the further consideration of the resolutions submitted by him, was postponed, and the Convention proceeded to the consideration of the REPORT OF COMMITTEE ON THE JUDICIARY. Mr. HILL, of Gibson, offered the substitute presented by him on a former day in lieu of the report of the majority of the Committee: Mr. BURTON offered the following amendment : The Supreme Court shall be composed of five Judges to be chosen as follows: One shall be elected by the qualified voters of each of the three Grand Divisions of the State, and the remaining two shall be nominated by the Governor from the State at large and confirmed by the Senate. On motion of Mr. DEAVENPORT the amendment was laid on the table. Mr. STEPHENS submitted the following amendment: Strike out from Section 13, of Article VI, all of the first four lines except the word "clerks" at the end of fourth line and insert in lieu thereof: Clerks of the Supreme Court shall be elected for the term of six years, by the qualified voters of the Division; and Clerks and Masters of the Chancery Court shall be elected for the term of six years by the qualified voters of the County or District. Which was adopted by the Convention. On motion of Mr. THOMPSON, of Davidson, the Convention adjourned until to-morrow morning at 9 o'clock. 14 |