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235

amendment as amended, which were ordered, and the amendment adopted.

Yeas.....
Nays.....

37 ... 35

Those voting in the affirmative are :

Messrs. Arledge, Blackburn, Blizard, Branson, Brandon, Britton, Brooks, Burkett, Chowning, Cypert, Deavenport, Dibbrell, Doherty, Dromgoole, Fentress, Fielder, Finley, Gaut, Gibson, Hill of Warren, Hill of Gibson, Ívie, Jones of Lincoln, Mabry, McNabb, Morris, Parker, Porter of Haywood, Sample, Shepard, Stephens, Taylor, Thompson of Maury, Walters, Warner, Williamson and Wright-37.

Those voting in the negative are:

Messrs. Bate, Baxter, Brown of Davidson, Brown of Henry, etc., Burton, Byrne, Campbell, Carter, Coffin, Cummings, Deaderick, Fulkerson, Gardner, Garner, Gibbs, Gordon, Heiskell, Henderson, House of Williamson, House of Montgomery, etc., Jones of Giles, Kennedy, Key, Kirkpatrick, Kyle, McDougal, Meeks, Netherland, Nicholson, Porter of Henry, Seay, Shelton, Staley, Thompson of Davidson, and Turner-35.

Mr. STEPHENS withdrew his amendment.

Mr. DIBBRELL demanded the yeas and nays on the adoption of -the amendment of Mr. JONES, of Lincoln, in lieu of the 13th Section, which were ordered, and the amendment was rejected.

Yeas....
Nays.....

...28 ...44

Those voting in the affirmative are:

Messrs. Arledge, Blackburn, Branson, Britton, Brooks, Chowning, Cypert, Deavenport, Dibbrell

, Doherty, Fentress, Fielder, Finley, Gibson, Hill of Warren, Hill of Gibson, Jones of Lincoln, Mabry, McDougal, McNabb, Meeks, Parker, Porter of Haywood, Sample, Stephens, Taylor, Walters and Warner—28.

Those voting in the negative are:

Messrs. Baxter, Blizard, Brandon, Brown of Davidson, Brown of Henry, etc., Burkett, Burton, Byrne, Campbell, Carter, Coffin, Cummings, Deaderick, Dromgoole, Fulkerson, Gardner, Garner, Gaut, Gibbs, Gordon, Heiskell, Henderson, House of Williamson, House of Montgomery, etc., Ivie, Jones of Giles, Kennedy, Key, Kirkpatrick, Kyle, Morris, Netherland, Nicholson, Porter of Henry, Seay, Shepard, Shelton, Staley, Thompson of Davidson, Thompson of Maury, Turner, Williamson, Wright and President Brown-44.

By unanimous consent, the word they,in the fifth line, was stricken out, and these Clerks" inserted.

Mr. KENNEDY demanded the yeas and nays on the adoption of Section 13, as amended, which were ordered, and the section was adopted by the Convention.

42

Yeas......
Nays.....

..29

Those voting in the affirmative are :

Messrs. Arledge, Blackburn, Blizard, Branson, Brandon, Britton, Brooks, Brown of Davidson, Brown of Henry, etc., Burkett, Byrne, Chowning, Coffin, Deavenport, Dibbrell, Doherty, Dromgoole, Fielder, Finley, Gaut, Gibson, Heiskell, Hill of Warren, Hill of Gibson, Ivie, Jones of Lincoln, Key, Mabry, McNabb, Morris, Parker, Porter of Haywood, Sample, Seay, Shepard, Stephens, Thompson of Maury, Turner, Walters, Warner, Williamson and Wright—42.

Those voting in the negative are:

Messrs. Allen, Baxter, Burton, Campbell, Carter, Cummings, Deaderick, Fentress, Fulkerson, Gardner, Garner, Gibbs, Gordon, Henderson, House of Williamson, House of Montgomery, etc., Jones of Giles, Kennedy, Kirkpatrick, Kyle, McDougal, Meeks, Netherland, Nicholson, Porter of Henry, Shelton, Staley, Taylor and Thompson of Davidson—29.

Mr. JONES, of Lincoln, moved to reconsider the vote adopting Section 13, and further moved to lay the motion to reconsider on the table, which latter motion was adopted.

Section 14 was adopted as recommended by the Committee. Mr. BURKETT offered the following amendment to Section 15:

Resolved, That Section 15 be amended by striking out "two," in the third line, and inserting in lieu thereof one;" and in the fifth line, by striking out “three” and inserting in lieu thereof two."

Mr. JONES, of Lincoln, demanded the previous question, which demand was sustained.

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

66

Yeas....

14 Nays...

..55 Those voting in the affirmative are: Messrs. Blizard, Branson, Burkett, Cypert, Fulkerson, Gaut,

Heiskell, House of Montgomery, etc., Kennedy, Key, Kirkpatrick, Kyle, Parker and Williamson-14.

Those voting in the negative are:

Messrs. Arledge, Baxter, Blackburn, Brandon, Britton, Brooks, Brown of Davidson, Brown of Henry, etc., Burton, Byrne, Campbell, Carter, Chowning, Coffin, Cummings, Deavenport, Dibbrell, Doherty, Dromgoole, Fentress, Fielder, Finley, Gardner, Garner, Gibbs, Gibson, Gordon, Henderson, Hill of Warren, Hill of Gibson, House of Williamson, Ivie, Jones of Lincoln, Jones of Giles, Mabry, McDougal, McNabb, Morris, "Meeks, Netherland, Nicholson, Porter of Henry, Sample, Seay, Shepard, Shelton, Staley, Stephens, Taylor, Thompson of Davidson, Thompson of Maury, Turner, Walters, Warner and Wright—55.

Section 15, as recommended by the Committee, was then adopted by the Convention.

Mr. KENNEDY offered the following as an independent section :

If at any election for Chancery Court Clerk, no candidate shall receive a majority of all the votes cast, then the Chancellor shall appoint the Clerk.

Which was rejected by the Convention.
Mr. Gibson offered the following as an independent section :

Section - The Legislature shall, from time to time, by a general law, divide the State into Judicial Circuits and Chancery Districts or Divisions, so that the number of Circuits shall not exceed one for every sixty thousand inhabitants, and the number of Chancery Districts or Divisions shall not exceed one for every seventyfive thousand inhabitants: Provided, that territory and population shall be so equalized as to equalize the labors of the several Judges and of the several Chancellors as nearly as possible. And no Circuit, District or Division shall be created otherwise than by a general law re-circuiting or re-districting the entire State.

Pending which, the Convention took a recess until 23 o'clock P. M.

AFTERNOON SESSION.

Mr. PORTER, of Henry, 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....

42 Nays....

19 Those voting in the affirmative are:

Messrs. Bate, Baxter, Brown of Davidson, Brown of Henry, etc., Burkett, Burton, Byrne, Campbell, Carter, Cummings, Cypert, Deaderick, Doherty, Dromgoole, Fentress, Fielder, Gardner, Garner, Gaut, Gibbs, Heiskell, Henderson, Hill of Gibson, House of Williamson, Jones of Giles, Kennedy, Key, Kirkpatrick, Mabry, McDougal, Morris, Meeks, Netherland, Porter of Haywood, Porter of Henry, Shepard, Shelton, Stephens, Taylor, Thompson of Davidson, Thompson of Maury, and Wright--42.

Those voting in the negative are:

Messrs. Blackburn, Blizard, Branson, Brandon, Britton, Brooks, Chowning, Fulkerson, Gibson, Hill of Warren, Kyle, McNabb, Nicholson, Parker, Sample, Seay, Turner, Warner and Williamson - -19.

TERM OF OFFICE AND VACANCIES,

Mr. GiBox offered the following resolution:

Section – All officers authorized by this Constitution, or by the Legislature, shall hold their offices until their successors shall be elected or appointed and qualified; and whenever a vacancy occurs in any office, the officer elected or appointed to fill the vacancy, shall hold office only for the unexpired term of his predecessor, and until his successor is elected or appointed and qualified.

On motion of Mr. FENTRESS, the resolution was referred to the Committee on Elections.

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The 1st section of the Schedule was, by unanimous consent, amended by inserting and Reporter" after the word general, in the second line.

Mr. SEAY moved to amend Section 1 of the Schedule by inserting, after the word “ State" in the second line, the words “Attorneys for the State for the several circuits or districts," and after the word “courts,” in the same line, insert the words, “ Justices of the Peace.

Mr. KEY offered the following in lieu of the first paragraph of Section 1 of the Schedule, and Mr. Seay's amendment:

That no inconvenience may arise from a change of the Constitution, it is declared that all civil officers shall ltold their offices until the first day of November, 1871, unless their term of service previously expires.

Mr. DROMGOOLE proposed to amend the Schedule by inserting after the word Judges, in the second line, "and Clerks and County Registers," so that the same will read :

That no inconvenience may arise from a change of the Constitution, it is declared that all civil officers, except the Attorney General and Reporter for the State, and the Judges and Clerks of the several courts, and County Registers, shall hold their offices until the expiration of their present term of service.

THE VISIT TO MRS. POLK.

Mr. BURTON, from the Committee appointed to wait on Mrs. Polk, reported that they had performed that duty, and that Mrs. Polk had expressed a readiness to receive the committee to-morrow afternoon.

On motion of Mr. THOMPSON, of Davidson, the Convention adjourned until to-morrow morning, at 9 o'clock.

SATURDAY MORNING, FEBRUARY 5, 1870.

The Convention met pursuant to adjournment, Mr. President BROWN in the Chair.

Prayer by the Rev. Dr. YOUNG.
The Journal of yesterday was read, corrected and approved.

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