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Mr. McDOUGAL offered the following amendment, to be inserted after the 8th line, Section 2:

Immediately after the ratification of this Constitution, the Legislature, by joint ballot of both Houses, shall elect a Special Commission, to consist of two additional Judges for each Grand Division of the State, who shall, with the Supreme Judge of their respective Grand Divisions, constitute three separate Supreme Courts, with full power and jurisdiction to hear and determine all causes, now pending or which may be pending in the Supreme Court at Knoxville, Nashville and Jackson; said Commission to expi:e on the

1871.

day of

Mr. PORTER moved to lay the amendment on the table, which motion failed.

Mr. BURTON demanded the yeas and nays on the adoption of the amendment, which were ordered, and the amendment rejected.

Yeas...
Nays...

10 57

Those voting in the affirmative are:

Messrs. Brown of Davidson, Cypert, Deavenport, Key, McDougal, Meeks, Nicholson, Thompson of Davidson, Thompson of Maury, and Walters-10.

Those voting in the negative are:

Messrs. Blizard, Branson, Brandon, Britton, Brooks, Brown of Henry, etc., Burkett, Burton, Byrne, Campbell, Carter, Chowning, Coffin, Cummings, Deaderick, Dibbrell, 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 Giles, Kennedy, Kirkpatrick, Kyle, Mabry, McNabb, Martin, Morris, Netherland, Parker, Porter of Haywood, Porter of Henry, Sample, Seay, Shepard, Shelton, Staley, Stephens, Taylor, Turner, Warner, Williamson and Wright–57.

The Convention took a recess until 23 o'clock P. M. .

AFTERNOON SESSION.

Mr. JONES, of Lincoln, moved to amend by striking out the words“ Circuit, Chancery and other,” in the first and second lines.

Mr. KEY moved to lay the amendment on the table.

Mr. McDougal demanded the yeas and nays, which were ordered, and the motion to lay on the table sustained. Yeas....

39 Nays.....

19 Those voting in the affirmative are :

Messrs. Baxter, Branson, Brooks, Brown of Henry, etc., Burton, Chowning, Deaderick, Doherty, Fentress, Gardner, Garner, Gaut, Gibbs, Gibson, Heiskell, Henderson, Hill of Gibson, House of Williamson, House of Montgomery, etc., Ivie, Jones of Giles, Key, Kirkpatrick, Kyle, McDougal, McNabb, Martin, Netherland, Nicholson, Porter of Haywood, Porter of Henry, Seay, Shepard, Shelton, Staley, Stephens, Taylor, Thompson of Davidson, and Wright--39.

Those voting in the negative are :

Messrs. Arledge, Blizard, Brandon, Britton, Byrne, Coffin, Cummings, Dibbrell, Dromgoole, Fielder, Fulkerson, Hill of Warren, Jones of Lincoln, Kennedy, Morris, Meeks, Turner, Waiters and Warner-19.

On motion of Mr. HEISKELL, the amendment of Mr. Hill of Gibson, was laid on the table.

Mr. PORTER, of Haywood, demanded the previous question, which was sustained, and Section 1, Article VI, as reported by the majority of the Committee, was adopted.

Mr. BAXTER moved to reconsider the vote adopting said section, and further moved that the motion to reconsider be laid on the table, which motion was sustained.

Mr. WARNER offered the following in lieu of Section 2, as reported by the Committee:

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

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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 Court shall be held at one place only in each of the three Grand Divisions of the State.

Mr. SAMPLE offered the following amendment:
Amendment to Section 2, of Article VI:

The Supreme Court shall consist of three Judges, one of whom shall reside in each grand division of the State.

But for the purpose of disposing of the accumulated business now pending in the Supreme Court, there shall be elected by the qualified voters of the State, upon the day of — 1870, three additional Judges of the Supreme Court, one of whom shall reside in each grand division of the State, who shall have the same jurisdiction, powers and salary as the Supreme Judges. These three additional Judges of the Supreme Court shall only have authority to try and dispose of the cases pending in the Supreme Courts at Knoxville, Nashville and Jackson, at the time of their election, and when these cases are determined and decided by them their commission shall expire. These three additional Judges shall hold their Courts at the same time and places as the Supreme Court, but in a differert hall, and they shall constitute a separate and distinct Court, whose decisions shall be reported by the Attorney-General and Reporter for the State, but in a separate volume or volumes.

On motion of Mr. PORTER, of Haywood, the amendments of Mr. Warner and Mr. Sample were laid on the table.

Mr. JONES, of Lincoln, moved to amend Section 2, by striking out all after the word "held," in the seventh line, and inserting “at Knoxville, Nashville and Jackson."

Which was adopted by the Convention.

Mr. McDOUGAL moved to amend by striking out the word “five," in the first line, and inserting "three," and by striking out the word “two," in first line, and inserting "one."

Mr. McDOUGAL demanded the previous question, which was sustained.

Mr. FIELDER demanded the yeas and nays on the adoption of the amendment of Mr. McDougal, which were ordered, and the amendment was rejected. Yeas....

...31 Nays

...38 Those voting in the affirmative are: Messrs. Blackburn, Branson, Brandon, Britton, Brooks, Brown

of Henry, etc., Carter, Chowning, Cypert, Deaderick, Deavenport, Dibbrell, Doherty, Fielder, Finley, Fulkerson, Gardner, Gaut, Gibbs, Gibson, Hill of Warren, Hill of Gibson, Kirpatrick, Kyle, McDougal, McNabb, Meeks, Sample, Staley, Walters and Warner -31.

Those voting in the negative are:

Messrs. Arledge, Baxter, - Blizard, Brown of Davidson, Burkett, Burton, Campbell, Coffin, Cummings, Dromgoole, Fentress, Garner, Gordon, Heiskell, Henderson, House of Williamson, House of Montgomery, etc., Ivie, Jones of Lincoln, Jones of Giles, Kennedy, Key, Mabry, Martin, Morris, Netherland, Nicholson, Porter of Haywood, Porter of Henry, Seay, Shepard, Shelton, Stephens, Taylor, Thompson of Davidson, Turner, Williamson and Wright-38.

Section 2, as amended, was then adopted by the Convention.

Mr. PORTER, of Henry, moved to reconsider the vote adopting said section, and further moved to lay the motion to reconsider on the table, which latter motion was adopted.

Mr. HEISKELL submitted the following in lieu of the first four lines of Section 3, as reported by the majority of the Committee :

The Judges of the Supreme Court shall be elected by the qualified voters of the State..

The Legislature shall have power to prescribe such rules as may be necessary to carry out the provisions of Section 2, of this Article.

Mr. CAMPBELL offered the following amendment to the amendment in lieu of Mr. Heiskell:

Provided, That no Indian, Asiatic, African, mulatto or mustee shall be allowed to vote in any election for judicial officers in this State.

Mr. BAXTER moved to lay the amendment of Mr. Campbell on the table.

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

..58 Nays....

8 Those voting in the affirmative are:

Messrs. Baxter, Blizard, Branson, Brandon, Britton, Brooks, Brown of Davidson, Burkett, Burton, Byrne, Carter, Chowning, Coffin, Cummings, Cypert, Deaderick, Dibbrell, Doherty, Dromgoole, Fielder, Finley, Fulkerson, Gardner, Garner, Gaut, Gibbs, Gibson, Gordon, Heiskell, Henderson, Hill of Warren, Hill of Gib

Yeas......

son, House of Williamson, House of Montgomery, etc., Ivie, Jones of Lincoln, Kennedy, Key, Kirkpatrick, Kyle, Mabry, McDougal, McNabb, Martin, Morris, Meeks, Netherland, Nicholson, Porter of Haywood, Sample, Seay, Staley, Stephens, Thompson of Davidson, Turner, Walters, Warner and Wright--58.

Those voting in the negative are :

Messrs. Brown of Henry, etc., Campbell, Fentress, Jones of Giles, Porter of Henry, Shepard, Taylor and Williamson—8.

Mr. JONES, of Giles, demanded the yeas and nays on the adoption of Mr. Heiskell's amendment, which were ordered, and the amendment adopted.

Yeas... Nays..

. 46

25

Those voting in the affirmative are :

Messrs. Arledge, Blackburn, Blizard, Branson, Brandon, Britton, Brooks, Brown of Henry, etc., Burkett, Burton, Byrne, Chowning, Cummings, Cypert, Deavenport, Dibbrell, Doherty, Dromgoole, Fentress, Fielder, Finley, Fulkerson, Garner, Gaut, Gibbs, Gibson, Hill of Warren, Hill of Gibson, Jones of Lincoln, Kirkpatrick, Mabry, McDougal, McNabb, Martin, Morris, Meeks, Netherland, Porter of Henry, Sample, Seay, Shepard, Taylor, Walters, Warner, Williamson and Wright_46.

Those voting in the negative are:

Messrs. Bate, Baxter, Brown of Davidson, Campbell, Carter, Coffin, Deaderick, Gardner, Gordon, Heiskell, Henderson, House of Williamson, House of Davidson, Robertson and Montgomery, Ivie, Jones of Giles, Kennedy, Key, Kyle, Nicholson, Porter of Haywood, Shelton, Staley, Stephens, Thompson of Davidson, and Turner-25.

Mr. JONES, of Lincoln, moved to amend by striking out the word twelve,” in the sixth line, and inserting "eight," and demanded the yeas and nays, which were ordered, and the amendment was adopted. Yeas....

..37 Nays.

..34 Those voting in the affirmative are :

Messrs. Arledge, Blackburn, Blizard, Branson, Britton, Brooks, Brown of Henry, etc., Burkett, Burton, Chowning, Coffin, Cummings, Cypert, Deaderick, Dibbrell, Doherty, Fielder, Finley, Fulkerson, Garner, Gibbs, Gibson, Hill of Warren, Hill of Gibson, Jones of Lincoln, Mabry, McDougal, McNabb, Morris, Meeks,

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