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On motion of Mr. GARNER, the rules were suspended, and the resolutions were adopted, and ordered to be referred to the appropriate Committees.
On motion of Mr. KENNEDY, the House adjourned until to-mor row morning at 10 o’clock.
WEDNESDAY MORNING, JANUARY 12, 1870.
The Convention met pursuant to adjournment, Mr. President BROWN in the Chair. The Journal of yesterday was read and approved.
Mr. WARNER offered the following resolution :
Resolved, That the Chancery Court Clerks and Masters be elected by the qualified voters of their respective Counties, and the time, place and manner of their election and the term of their office be the same as the Circuit and County Court Clerks. Ordered that the resolution be referred to the Committee on the Judiciary. Mr. STALEY offered the following resolutions: Resolved, That the Judges of the Supreme Court, and the Judges of the Circuit Courts and Chancery Courts, and the Attorney General for the State, and the Attorneys General for the several Judicial Circuits in the State, shall be nominated, and by and with the advice and consent of the Senate, appointed by the Governor. Resolved, That Judges of the Supreme Court shall not be less than forty years of age, and Judges of the Circuit and Chancery Courts shall not be less than thirty-five years of age.
Mr. STALEY offered the following resolution :
Resolved, That Section 1 of Article IX of the present Constitution, whereby Ministers of the Gospel are rendered ineligible to seats in the General Assembly, be abrogated.
Resolved, That Section 1, of Article IV, be so modified as to read as follows: *
Every male citizen of the age of twenty-one years being a citizen of the United States, and a citizen of the County wherein he may offer his vote six months next preceding the day of election, shall be entitled to vote for Governor and members of the General Assembly, and for other civil officers for the County or District in which he may reside.
Be it further resolved, That the other two clauses of said Section 1, of Article IV, be annulled and stricken out.
TOOK THEIR SEATS,
T. M. BURKETT, Delegate from the Counties of Polk, McMinn and Meigs, and . H. R. GIBSON, Delegate from the Counties of Anderson and
Mr. WARNER offered the following resolution :
Resolved, That Article II, Section 12, of the Constitution of the State of Tennessee, be so amended, as to insert the words “of the entire number,” between “two-thirds” and “expel.”
Mr. McDoug AL offered the following resolution:
Resolved, That the Committee on the Legislative Department inquire into the expediency of striking out the 1st Section of Article IX, of the Constitution, which disqualifies Ministers of the Gospel of any denomination whatever, to be members of either House of the Legislature.
Mr. Jon Es, of Lincoln, offered the following resolution, which was adopted : Resolved, That the Committee on the Legislative Department inquire into the propriety of providing for the pardoning of persons convicted in impeachments. Mr. Hous E, of Davidson, Robertson and Montgomery, offered the following as an amendment to the Constitution: .
Strike out Section 4, Article III, and insert, “The Governor shall hold his office for four years, and until his successor is elected and qualified, and shall be ineligible to re-election.”
Add the following as an independent section to said Article:
“Every bill which may pass both Houses of the General Assembly, shall, before it becomes a law, be presented to the Governor for his signature, if he approve he shall sign it, and the same shall become a law; but if he refuse to sign it, he shall return it with his objections thereto in writing, to the House in which it originated, and said House shall cause said objections to be entered at large upon their Journals, and proceed to reconsider the bill. If, after such reconsideration, a majority of all the members elected to that House, shall agree to pass the bill, notwithstanding the objections of the Executive, it shall be sent with said objections to the other House, by which it shall be likewise reconsidered. If approved by a majority of the whole number elected to that House, it shall become a law; the votes of both Houses shall be determined by yeas and nays, and the names of all the members voting for or against the bill, shall be entered upon the Journals of their respective Houses. If the Governor shall fail to return any bill with his objections within five days (Sundays excepted) after it shall have been presented to him, the same shall become a law without his signature; unless the General Assembly, by their adjournment, prevent its return, in which case it shall not become a law.
Every joint resolution or order (except on questions of adjournment) shall likewise be presented to the Governor for his signature, and before it shall take effect shall receive his signature, and on being disapproved by him shall on like manner be returned with his objections, and the same, before it shall take effect, shall be repassed by a majority of all the members elected to both Houses, in the manner and according to the rules prescribed in case of a bill.
Mr. HEISKELL offered the following resolution :
Pesolved, That the Legislature shall have no power to restrict the rights of parties to contract for a rate of interest not exceeding ten per cent. per annum on money actually loaned.
Mr. SEAY introduced the following resolution :
Resolved, That the Constitution be amended so that new Counties may be established by the Legislature, to consist of not less than two hundred square miles, and to contain a population of three hundred and fifty voters; no line of such County shall approach the Court-house of any old County from which it may be taken nearer than eight miles, and no part of a County shall be taken to form such County or a part thereof, without a majority of the qualified voters in such part taken off shall consent. And where an old County may be reduced for the purpose of forming a new one, the area of said old County shall not be reduced to less than three hundred and fifty square miles.
Mr. SEAY introduced the following resolutions, which were adopted:
1st. Resolved, That a Committee of seven be appointed upon the subject of New Counties and changing County Lines, to take into consideration the sections of the present Constitution embracing said subjects, and report to this Convention, whether any, and if any, what amendments or changes are necessary therein.
2nd. That all memorials and petitions upon said subjects, and all resolutions submitted to this Convention proposing amendments or
changes of said sections of the Constitution be referred to said Committee, under the rule heretofore adopted by this Convention.
Mr. THOMPSON, of Davidson, offered the following resolution:
Be it resolved, That Section 6, of Article II, be amended by words to the following effect: All debts created by operation of law, and all judgments shall bear interest at the rate of six per centum per annum. But the Legislature shall have no power to restrict by law the rate of interest which may be stipulated in writing to be paid for the use of money loaned in cash, at the time of the execution of the written agreement. Provided, That at the maturity of every debt evidenced by writing, the debtor, in person or by Attorney may confess judgment thereon in open court in favor of the named payee for the use of the party entitled.
Resolved, Every citizen having a claim against the State may pursue his claim to a judgment by the same judicial remedies, and in the same courts as those in and by which claims against citizens are reduced to judgments. .
Mr. HEISKELL offered the following resolution :
Resolved, That the rights and privileges of the municipal corporations of this State shall not be infringed, or their charters changed by the Legislature without their consent.
Mr. HENDERSON introduced the following resolution:
Resolved, That the Committee on the Legislative Department be instructed to report whether the power of the Legislature to lay taxes should be limited, and to what amount.
Mr. DROMGOOLE introduced the following resolution:
1st. Resolved, That no power in this State shall ever solemnize or make lawful the rites of matrimony between white and colored people. ...
2d. Resolved, That the regular rate of interest in this State shall be six per cent. per annum, but on all notes or obligations, given for money actually loaned, and so stated in the face of the instrument, if not paid within twenty days after maturity, or if collected by Suit, eight per cent. per annum shall be computed.
8d. Resolved, That there shall be five Supreme Judges in this State, and that their residence shall not be confined to any particular grand division of the State. o
PRINTING FOR THE CONVENTION.
Mr. KENNEDY introduced the following resolution:
Resolved, That the Printers of the General Assembly be and they are hereby made and constituted the Printers for this Convention, upon the same terms and contract as now exists between them and the General Assembly.
Mr. CAMPBELL offered the following resolution:
Resolved, “That this Government was made for the white man and his posterity forever.”
And that Section 1, Article IV, of the Constitution of Tennessee, be so amended as to read: “Every free white man of the age of twenty-one years, being a citizen of the County wherein he may offer his vote six months next preceding the day of election, shall be entitled to vote for members of the General Assembly and other civil officers for the County or District in which he resides.
On motion of Mr. CAMPBELL; the foregoing resolutions were
referred to the Committee on Franchise.
Mr. MARTIN offered the following resolution, which was read and referred to the Committee on the Legislative Department:
Resolved, That no member of the Legislature shall receive compensation only for such time as he may be present in his seat attending to his duties.
THE DIVINE PLESSING.
Mr. FENTRESS offered the following resolution, which was adopted under a suspension of the rules:
Resolved, That a Committee of three be appointed, whose duty it shall be to inform the resident Clergy of this city, of all denominations, of the desire of this body that some one of them should be present and invoke the Divine blessing upon the deliberations of this House, for each day.
And thereupon the President appointed Messrs. Fentress, Thompson of Davidson, and Stephens, said Committee.
Mr. STEPHENS introduced the following resolution, which was read and referred to the Committee on the Judiciary: