Montgomery, etc., Jones of Lincoln, Kennedy, Key, Kirkpatrick, Porter of Haywood, and Turner-11. Mr. PORTER, of Henry, offered the following in lieu of Mr. Seay's: Section 1. That no inconvenience may arise from a change of the Constitution, it is declared that the Governor of the State and members of the General Assembly shall hold their offices until the expiration of their present term of service; all other officers except those elected at the general election of March, 1870, shall vacate their places on the ratification of this Constitution; Provided, That the last-named officers be elected for the constitutional term from the day of the general election of civil officers fixed in this Constitution. Mr. SEAY demanded the yeas and nays on the adoption of Mr. Porter's amendment in lieu, which were ordered, and Mr. Porter's amendment was adopted in lieu of Mr. Seay's. Yeas.... Those voting in the affirmative are: 45 24 Messrs. Allen, Arledge, Baxter, Blizard, Brandon, Britton, Brown of Henry, etc., Burton, Campbell, Carter, Chowning, Cummings, Deaderick, Deavenport, Dibbrell, Doherty, Dromgoole, Fentress, Fielder, Fulkerson, Gardner, Gaut, Gibbs, Gordon, Heiskell, Henderson, Hill cf Warren, Hill of Gibson, Ivie, Kyle, McDougal, McNabb, Meeks, Netherland, Nicholson, Porter of Henry, Shelton, Stephens, Taylor, Thompson of Davidson, Thompson of Maury, Walters, Warner, Williamson and Wright-45. Those voting in the negative are: Messrs. Bate, Branson, Brooks, Brown of Davidson, Byrne, Coffin, Finley, Garner, Gibson, House of Williamson, House of Montgomery, etc., Jones of Lincoln, Kennedy, Key, Kirkpatrick, Mabry, Morris, Parker, Porter of Haywood, Sample, Seay, Shepard; Staley and Turner-24. Mr. GARNER proposed the following amendment to Mr. Porter's amendment: After the word "Assembly" in the 6th line, insert the words "except the Executive officers who may be elected by the present General Assembly." Which was adopted by the Convention. Mr. GARDNER submitted the following amendment to Mr. Porter's amendment: After the word "places" in the 12th line, strike out the words "the ratification of this Constitution" and insert the following words, "thirty days after the day of the general election of civil officers under this Constitution." Which was adopted by the Convention. Mr. IVIE proposed to amend Mr. Porter's amendment by inserting after the words "General Assembly," "County and Circuit Court Clerks and Justices of the Peace." Mr. PORTER, of Henry, moved to lay the amendment of Mr. Ivie on the table. Mr. IVIE modified his amendment so as to except Justices of the Peace only, and demanded the yeas and nays, which were ordered, but the hour of recess having arrived, the vote was postponed, and the Convention took a recess until 2 o'clock. : AFTERNOON SESSION. A vote was taken upon Mr. PORTER's motion to lay Mr. Ivie's amendment on the table, and the motion sustained. Yeas...... Nays Those voting in the affirmative are: 38 20 Messrs. Allen, Baxter, Blizard, Britton, Brown of Henry, etc., Burkett, Burton, Campbell, Cummings, Deavenport, Dibbrell, Dromgoole, Fentress, Fielder, Fulkerson, Gardner, Garner, Gaut, Gibbs, Heiskell, Henderson, Hill of Warren, House of Williamson, Kyle, McDougal, McNabb, Meeks, Morris, Netherland, Nicholson, Porter of Henry, Seay, Shelton, Stephens, Taylor, Thompson of Maury, Walters, Williamson and Wright--38. Those voting in the negative are: Messrs. Brandon, Branson, Brooks, Brown of Davidson, Byrne, Doherty, Gibson, Hill of Gibson, House of Montgomery, etc., Ivie, Jones of Lincoln, Kennedy, Key, Kirkpatrick, Parker, Porter of Haywood, Sample, Turner and Warner-20. Mr. IVIE offered to amend by inserting after the words "General Assembly" "County and Circuit Court Clerks." Mr. BURKETT moved to lay the amendment on the table. Mr. IvIE demanded the yeas and nays, which were ordered, and the motion to lay on the table sustained. Yeas... Those voting in the affimative are: 37 27 Messrs. Bate, Baxter, Blizard, Brown of Henry, etc., Burkett, Burton, Campbell, Carter, Cummings, Deavenport, Dibbrell, Dromgoole, Fentress, Fielder, Fulkerson, Gardner, Gaut, Gibbs, Heiskell, Hill of Warren, Hill of Gibson, Kyle, Mabry, McDougal, McNabb, Meeks, Morris, Netherland, Nicholson, Porter of Henry, Seay, Shelton, Stephens, Taylor, Thompson of Davidson, Walters and Wright-37. Those voting in the negative are: Messrs. Brandon, Branson, Britton, Brooks, Brown of Davidson, Byrne, Coffin, Doherty, Finley, Garner, Gibson, House of Montgomery, etc., Ivie, Jones of Lincoln, Kennedy, Key, Kirkpatrick, Parker, Porter of Haywood, Sample, Shepard, Staley, Thompson of Maury, Turner, Warner, Williamson and President. Brown -27. The first clause of Section 1 of the schedule was adopted. Mr. WRIGHT moved to reconsider the vote adopting the clause, and further moved to lay the motion to reconsider on the table, which latter motion was rejected by the Convention. Mr. WRIGHT then withdrew his motion to reconsider. Mr. HOUSE, of Montgomery, etc., offered the following in lieu of the 2nd, 3rd and 4th clauses of the 1st Section of Schedule. So much of this Constitution as provides for the election of permanent Judges of the Supreme Court, shall not go into operation until the first Saturday in March, 1871. Immediately after the ratification of this Constitution the Legislature shall, by joint ballot, elect nine temporary Judges, three from each Grand Division of the State, who shall constitute the Supreme Court, until the first Saturday in March, 1871, and until the election and qualification of the permanent Supreme Court provided for in the Constitution. The compensation of each of said temporary Judges shall be four thousand dollars for their entire term of service. Said Judges shall sit in three sections of three each, and shall hear and determine : causes at the same time; but they shall not sit in different grand divisions at the same time. Mr. FENTRESS offered the following in lieu of Mr. House's amendment, and of paragraphs 2, 3 and 4 of the Schedule: In order to dispose of the accumulated business, there shall be elected three Judges by the qualified voters of each grand division of the State, who shall hold their offices until the first day of January, 1872, unless the business is sooner disposed of; three of whom shall sit in Jackson, three in Nashville, and three in Knoxville, and hear causes and deliver their opinions in the same manner as the Supreme Court now does; and the Clerks of each of these Courts shall, within ten days after the decision of each case, in which a written opinion is delivered, transmit the record and briefs and opinion therein, to the regular Judges of the Supreme Court at Nashville, who, until the first of January, 1872, shall act as a revising Court, approving the decisions of the temporary Courts, hereinbefore provided for, or disapproving them, and rendering such judgment as should have been rendered; Provided, that no argument shall be made before the revising Court, nor shall any other brief be presented or read save such as were presented to the temporary Court on the trial; and that on the first day of January, 1872, or as soon as the business of the three temporary Courts herein established shall cease, and the regular Supreme Judges shall resume their proper duties, holding their Courts at Knoxville, Nashville and Jackson, as the Supreme Court of Tennessee. Mr. FENTRESS subsequently withdrew his amendment. Mr. HEISKELL offered the following in lieu of Mr. House's amendment, and of the second, third and fourth paragraphs of the Schedule: 9 'At the first election of Judges under this Constitution, there shall be elected two Judges of the Supreme Court from each grand division of the State, who shall hold their offices for the term herein prescribed. In the event, however, that at any time after the first day of January, 1873, if any vacancy shall occur in the office of Supreme Judge, it shall remain unfilled, and the Court shall from that time be constituted of five Judges. While the Court shall consist of six Judges, they may sit in two sections, and hear and determine causes in each at the same time, but not in different grand divisions at the same time. In each section two Judges shall be necessary to a decision; Provided, that the office of the sixth Judge may be vacated after January 1, 1873, in such manner and at such time as shall be determined by the Legislature. Mr. HOUSE's amendment was laid on the table. Mr. HEISKELL's amendment was then adopted by the Convention. On motion of Mr. BURTON, the amendment of Mr. Heiskell was amended by striking out the proviso. Mr. BROOKS demanded the yeas and nays upon the adoption of Mr. Heiskell's amendment to the Schedule, which were ordered, and the amendment adopted. Messrs. Allen, Arledge, Bate, Baxter, Blizard, Britton, Brown of Davidson, Brown of Henry, etc., Burkett, Burton, Byrne, Campbell, Chowning, Coffin, Cypert, Deaderick, Doherty, Dromgoole, Fentress, Fielder, Fulkerson, Gardner, Gaut, Gibbs, Gordon, Heiskell, Henderson, Hill of Warren, Hill of Gibson, House of Montgomery, etc., Ivie, Kirkpatrick, Mabry, McDougal, McNabb, Morris, Netherland, Nicholson, Porter of Haywood, Porter of Henry, Seay, Shepard, Shelton, Stephens, Taylor, Thompson of Davidson, Thompson of Maury, Turner, Walters, Williamson, Wright and President Brown-52. Those voting in the negative are: Messrs. Brandon, Branson, Brooks, Cummings, Deavenport, Dibbrell, Finley, Garner, Gibson, House of Williamson, Kennedy, Key, Kyle, Meeks, Parker, Sample, Staley and Warner-18. Mr. DIBBRELL offered the following amendment to the Schedule: The first election for Judges of the Supreme Court, Chancellors, Circuit and other Judges and District Attorneys, after the ratification of this Constitution, shall be held on the last Thursday in July, 1870. Mr. GIBSON demanded the yeas and nays upon the adoption of the amendment, which were ordered, and the amendment adopted. Yeas... Those voting in the affirmative are : 50 17 Messrs. Allen, Arledge, Bate, Baxter, Blizard, Brandon, Britton, Brooks, Brown of Henry, etc., Burkett, Burton, Byrne, Campbell, Chowning, Cummings, Deaderick, Deavenport, Dibbrell, Doherty, Dromgoole, Fielder, Fulkerson, Gardner, Gaut, Gibbs, Gordon, Henderson, Hill of Warren, Hill of Gibson, House of Williamson, Kirkpatrick, Kyle, McDougal, McNabb, Meeks, |