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MEMORIALS AND PETITIONS.

Mr. MEEKS presented a memorial in favor of the formation of a new county out of portions of Hardin and McNairy counties, which, without being read, was referred to the Committee on New Counties and County Lines.

Mr. MARTIN presented a memorial from a large number of citizens of Coffee, Bedford, Lincoln and Franklin counties, praying the formation of a new county out of portions of said counties, which, without being read, was referred to the Committee on New Counties and County Lines.

RECOMMITTED.

On motion of Mr. COFFIN that portion of the report of the Majority of the Committee on New Counties, which refers to the formation of a new county out of portions of Roane, Blount and Monroe, and all papers referring thereto, were ordered to be recommitted to the Committee.

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REPORT OF THE COMMITTEE ON THE JUDICIARY.

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

The Judiciary Committee to which has been recommitted the schedule heretofore reported, with the amendments made in the House, have reconsidered these matters with others committed to them and submit the following report:

They have redrawn the schedule so far as it relates to the matters submitted and submit the same herewith.

They also find it necessary to suggest certain changes in other portions of the Constitution connected with the subject referred.

They recommend that the elections of Judges and other civil officers be brought on at the same time, and since political elections are, by our action, changed from the 1st Thursday in August, every two years, and that has been found by experience to be a convenient and suitable time for elections, they suggest that this day be appropriated to the general election for Judicial and civil officers.

They also suggest certain verbal amendments.

Section 1. That no inconvenience may arise from a change of the Constitution, it is declared that the Governor of the State, the members of the General Assembly and all officers, elected at or after the

general election of March, 1870, shall hold their offices for the terms prescribed in this Constitution.

All other officers shall vacate their places, thirty days after the day fixed for the election of their successors under this Constitution. The Secretary of State, Comptroller and Treasurer shall hold their offices until the first session of the present General Assembly occurring after the ratification of this Constitution and until their successors are elected and qualified.

The officers then elected shall hold their offices until the 15th day of January, 1873.

At the first election of Judges under this Constitution there shall be elected six Judges of the Supreme Court, two from each grand division of the State, who shall hold their offices for the term herein prescribed.

In the event any vacancy shall occur in the office of either of said Judges at any time after the first day of January, 1873, 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 may hear and determine causes in each at the same time but not in different grand divisions at the same time.

When so sitting the concurrence of two judges shall be necessary to a decision.

The Attorney General and Reporter for the State shall be appointed after the election and qualification of the Judges of the Supreme Court herein provided for.

ARTICLE VII.

In Section 3, insert after the word "Treasurers," "and a Comptroller of the Treasury," and strike out "his or."

In Section 4, strike out the words "that may happen by death, resignation or removal."

Strike out Section 5, and substitute: Elections for Judicial and other civil officers shall be held on the first Thursday in August, 1870, and forever thereafter on the first Thursday in August next preceding the expiration of their respective terms of service.

The term of each officer so elected shall be computed from the first day of September next succeeding his election.

The term of office of the Governor and of other executive officers shall be computed from the 15th of January next after the election of the Governor.

No appointment or election to fill a vacancy shall be made for a period extending beyond the unexpired term.

Every officer shall hold his office until his successor is elected or appointed and qualified.

No special election shall be held to fill a vacancy in the office of Judge or District Attorney, but at the time herein fixed for the general elections of civil officers.

REPORTED BACK.

Mr. HEISKELL, from the Judiciary Committee reported back the resolution of Mr. McDougal in relation to the election of Judges and Attorneys General, and asked to be discharged from its further consideraiion, as the subject of it was embraced in the report heretofore submitted, and the committee was accordingly discharged.

LEAVE OF ABSENCE.

On motion of Mr. PORTER, of Henry, leave of absence was granted Mr. Brown, of Henry, etc., on account of sickness.

REPORT ON LEGISLATIVE DEPARTMENT FURTHER CONSIDERED.

The Convention resumed the consideration of the unfinished business of yesterday, the pending question being Mr. Brown's (of Davidson) amendment.

Mr. BROWN, of Davidson, withdrew his amendment and offered the following in lieu of the same:

Provided, that the business of farming, mechanical and manufacturing pursuits and the learned professions shall not be considered privileges under this Constitution.

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

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

Those voting in the affirmative are:

18

.45

Messrs. Bate, Blizard, Brown of Davidson, Burkett, Chowning, Coffin, Cypert, Deavenport, Doherty, Gardner, Henderson, House of Williamson, Kirkpatrick, Porter of Haywood, Sample, Taylor, Thompson of Davidson and Walters-18.

Those voting in the negative are:

Messrs. Allen, Arledge, Baxter, Brandon, Branson, Britton, Brooks, Byrne, Campbell, Carter, Deaderick, Dibbrell, Dromgoole, Fentress, Fielder, Fulkerson, Garner, Gaut, Gibbs, Gibson, Heiskell, Hill of Warren, Hill of Gibson, House of Montgomery, etc., Ivie, Jones of Lincoln, Kennedy, Key, Kyle, McDougal, McNabb, Mar

tin, Meeks, Morris, Netherland, Nicholson, Parker, Porter of Henry, Seay, Shepard, Stephens, Thompson of Maury, Turner, Warner Williamson and Wright-45.

The Convention took a recess until 2 o'clock P. M.

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AFTERNOON SESSION.

Mr. HOUSE, of Williamson, offered the following amendment to paragraph 3, of Section 28: "After the word "specific" insert the words "or privileges," which was adopted by the Convention.

Mr. SAMPLE offered the following amendment :

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That capital invested in the buying and selling of merchandise, shall be estimated and taxed according to the capital invested during the fiscal year. And merchants shall pay in addition to an ad valorem tax thereupon, a specific tax which the Legislature shall regulate by law.

Mr. JONES, of Lincoln, moved that the Convention adjourn until to-morrow morning 9 o'clock, and demanded the yeas and nays, which were ordered and the motion to adjourn rejected:

Yeas..
Nays.....

Those voting in the affirmative are:

.16

47

Messrs. Arledge, Bate, Brooks, Dromgoole, Fentress, Finley, Jones of Lincoln, Mabry, Martin, Meeks, Morris, Parker, Sample, Staley, Stephens and Thompson of Davidson-16.

Those voting in the negative are:

Messrs. Allen, Baxter, Blizard, Brandon, Branson, Britton, Brown of Davidson, Burton, Byrne, Campbell, Carter, Coffin, Deaderick, Deavenport, Dibbrell, Doherty, Fielder, Fulkerson, Gardner, Garner, Gaut, Gibbs, Gibson, Heiskell, Henderson, Hill of Warren, Hill of Gibson, House of Williamson, House of Montgomery, etc., Ivie, Kennedy, Key, Kyle, McNabb, Nicholson, Porter of Haywood,

Porter of Henry, Seay, Shepard, Shelton, Taylor, Thompson of Maury, Turner, Walters, Warner, Williamson, Wright and President Brown-47.

Mr. PORTER, of Henry, demanded the previous question.

Mr. FENTRESS called for the yeas and nays, which were ordered and the demand for the previous question sustained :

Yeas......

Nays.

Those voting in the affirmative are:

.41

.26

Messrs. Allen, Arledge, Baxter, Blizard, Brandon, Branson, Burkett, Byrne, Campbell, Carter, Coffin, Cypert, Deaderick, Dibbrell, Doherty, Dromgoole, Fielder, Fulkerson, Gardner, Garner, Gaut, Gibbs, Gibson, Henderson, House of Williamson, House of Montgomery, etc., Ivie, Kennedy, Key, Kirkpatrick, Kyle, Martin, Morris, Porter of Haywood, Porter of Henry, Shepard, Shelton, Stephens, Turner, Walters, Wright and President Brown-41. Those voting in the negative are:

Messrs. Bate, Britton, Brooks, Brown of Davidson, Burton, Deavenport, Fentress, Finley, Heiskell, Hill of Warren, Hill of Gibson, Jones of Giles, Mabry, McNabb, Meeks, Netherland, Nicholson, Parker, Sample, Seay, Staley, Taylor, Thompson of Davidson, Thompson of Maury, Warner and Williamson-26.

At 5 o'clock P. M., Mr. MABRY moved that the Convention adjourn.

Mr. BAXTER demanded the yeas and nays, which were ordered and the motion to adjourn rejected.

Yeas.. Nays....

Those voting in the affirmative are:

28

40

Messrs. Arledge, Bate, Brandon, Branson, Brooks, Burton, Carter, Cypert, Deavenport, Dromgoole, Fentress, Finley, Hill of Gibson, Ivie, Jones of Giles, Mabry, McNabb, Martin, Meeks, Netherland, Nicholson, Parker, Sample, Seay, Staley, Taylor, Thompson of Davidson, and Williamson-28.

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Those voting in the negative are:

Messrs. Allen, Baxter, Blizard, Britton, Brown of Davidson, Burkett, Byrne, Campbell, Coffin, Deaderick, Dibbrell, Doherty, Fielder, Fulkerson, Gardner, Garner, Gaut, Gibbs, Gibson, Heiskell, Henderson, Hill of Warren, House of Williamson, House of Montgomery, etc., Kennedy, Key, Kirkpatrick, Kyle, Morris, Porter of Haywood, Porter of Henry, Shepard, Shelton, Stephens, Thompson of Maury, Turner, Walters, Warner, Wright and President Brown-40.

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