網頁圖片
PDF
ePub 版
[ocr errors]

kell, Henderson, Hill of Warren, Hill of Gibson, Ivie, Key, Kirkpatrick, Kyle, Mabry, Martin, Meeks, Morris, Netherland, Nicholson, Seay, Shelton, Thompson of Maury and Warner-24.

Mr. TURNER offered the following in lieu of the amendment reported by the Committee :

A homestead in the possession of each head of a family, and the improvements thereon, to the value in all of one thousand dollars shall be exempt from sale under legal process during the life of such head of a family, to inure to the benefit of the widow, and shall be exempt during the minority of their children occupying the same. Nor shall said property be alienated without the joint consent of husband and wife, when that relation exists. This exemption shall not affect debts contracted before the adoption of this Constitution, nor debts contracted for the purchase or improvement of said lot, nor public taxes.

Which was received by the Convention in lieu of the report of the Committee, and the section as thus amended adopted.

To the Section reported by the Committee to prevent marriage between whites and blacks, Mr. FENTRESS offered the following amendment:

Insert after the word prohibited, in the second line of 4th independent section of Committee on Miscellaneous Business, the following words:

No negro, mulatto, or mustee shall be allowed to sit on Juries or hold office in this State."

It will then read as follows:

“ The intermarriage of white persons with negroes, mulattoes or persons of mixed blood, descended from a negro, to the third generation inclusive, is prohibited. And no negro, mulatto or mustee shall be allowed to sit on juries or hold office in this State.”

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

Mr. GARNER demanded the yeas and nays, which were ordered and the motion to lay on the table rejected : Yeas.....

....13 Nays

..57 Those voting in the affirmative are :

Messrs. Baxter, Blizard, Branson, Burkett, Coffin, Cypert, Deaderick, Gaut, Gibson, Heiskell, Hill of Warren, Key and Parker-13.

Those voting in the negative are:

Messrs. Allen, Bate, Blackburn, Brandon, Britton, Brooks, Brown of Davidson, Brown of Henry, etc., Burton, Byrne, Campbell, Car

[ocr errors][merged small]

ter, Chowning, Cummings, Dibbrell, Doherty, Dromgoole, Fentress, Fielder, Finley, Gardner, Garner, Gibbs, Gordon, Henderson, Hill of Gibson, House of Williamson, House of Davidson, etc., Ivie, Jones of Giles, Kennedy, Kirkpatrick, Kyle, Mabry, McDougal, McNabb, Martin, Meeks, Morris, Netherland, Nicholson, Porter of Haywood, Porter of Henry, Sample, Seay, Shepard, Shelton, Staley, Stephens, Taylor, Thompson of Davidson, Thompson of Maury, Turner, Walters, Warner, Williamson and Wright-57.

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

.... 29 Nays..

39 Those voting in the affirmative are :

Messrs. Allen, Arledge, Bate, Brooks, Brown of Henry, etc., Burton, Campbell, Carter, Chowning, Cummings, Dromgoole, Fentress, Fielder, Gardner, Heiskell, Hill of Gibson, House of Montgomery, etc., Ivie, Kennedy, Meeks, Porter of Henry, Seay, Shepard, Shelton, Stephens, Taylor, Turner, Wright and Williamson -29. Those voting in the negative are :

Messrs. Baxter, Blizard, Brandon, Branson, Britton, Burkett, Byrne, Coffin, Cypert, Deaderick, Dibbrell, Doherty, Finley, Garner, Gaut, Gibbs, Gibson, Gordon, Henderson, Mill of Warren, House of Williamson, Key, Kirkpatrick, Kyle, Mabry, McDougal, McNabb, Martin, Morris, Netherland, Nicholson, Parker, Porter of Haywood, Sample, Staley, Thompson of Davidson, Thompson of Maury, Waiters and Warner-39.

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

AFTERNOON SESSION. ;

Mr. DROMGOOLE offered the following amendment:

After the word “prohibited” insert " or the living together as: man and wife in this State."

[ocr errors]

Which was adopted, ani the Section as thus amended was adopted by the Convention.

The amendment, recommended by the Committee, to Article II, Section 25, having been incorporated in another part of the Constitution, was passed over informally.

Section 1, Article VII, reported by the Committee in lieu was taken up, when

Mr. TAYLOR offered the following amendment:

Insert after “Register" in second line, "and one Trusteeand insert after “Register” where it appears in second place in 2d line the words and Trustee."

Mr. HOUSE, of Montgomery, etc., offered the following in lieu of Mr. Taylor's :

But the Legislature may authorise any of the counties to elect a County Trustee, to hold his office for two years.

Messrs. TAYLOR and House subsequently withdrew.their amend

ments :

Mr. KIRKPATRICK submitted the following amendment:

Strike out in second line after the word “for” the word " two and insert " four.” Strike out at end of third line “six” and insert "fourin lieu thereof.

So that the Section will read:

Section 1. There shall be elected in each county, by the qualified voters therein, one Sheriff, one Register; the Sheriff for four years and the Register for four years; Provided, That no person shall be eligible to the office of Sheriff more than four years in any term of eight years.

Mr. KIRKPATRICK subsequently withdrew his amendment.

Mr. JONES, of Giles, moved to lay the amendment proposed by the Committee on the table, which was adopted; thereupon,

Mr. JONES, of Giles, proposed to re-adopt Section 1, of Article VII, of the Constitution, and it was accordingly adopted.

Mr. JONES, of Giles, offered the following amendment to Section 2, Article VII, of the Constitution of 1834:

“When any vacancy shall occur otherwise than by expiration of term in the office of Judge or Attorney General, except the Attorney General for the State, the same shall be filled for a full term at the next General election happening not less than thirty days after such vacancy-occurs. And until the vacancy shall be so filled, the Governor, by and with the advice and consent of the Senate, if the

Senate shall be in session, or if not, the Governor alone may appoint to fill such vacancy. If the vacancy occurs in the Supreme Court, the powers and jurisdiction of the Court shall not be suspended for want of appointment or election when the number of Judges is sufficient to constitute a quorum.”

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

Mr. Jones of Giles, demanded the yeas and nays, which were ordered, and the motion to lay on the table was sustained. Yeas..

53 Nays...

17 Those voting in the affirmative are :

Messrs. Allen, Arledge, Baxter, Blackburn, Blizard, Brandon, Branson, Britton, Brooks, Brown of Henry, etc., Burkett, Burton, Byrne, Carter, Chowning, Cummings, Deaderick, Dibbrell, Doherty, Dromgoole, Fielder, Finley, Gardner, Garner, Gaut, Gibbs, Gibson, Heiskell, Henderson, Bill of Warren, Hill of Gibson, House of Williamson, House of Montgomery, etc., Kirkpatrick, Kyle, McDougal, McNabb, Martin, Meeks, Morris, Nicholson, Parker, Porter of Henry, Sample, Seay, Shepard, Shelton, Taylor, Turner, Walters, Warner, Williamson and Wright--53.

Those voting in the negative are :

Messrs. Bate, Brown of Davidson, Campbell, Coffin, Cypert, , Fentress, Gordon, Jones of Giles, Kennedy, Key, Mabry, Netherland, Porter of Haywood, Staley, Stephens, Thompson of Davidson, and Thompson of Maury-17.

Mr. FENTRESS proposed to amend by adding to the end of the section “occurring not less than forty days thereafter,” which was rejected, and the section as it is in the present Constitution adopted,

Section 3, Article VII, was amended by inserting “and Comptroller" after the word “ Treasurer,” and by striking out the words

in the third line, and as thus amended was adopted by the Convention.

Section 4, Article VII, was amended by striking out the words that may happen by death, resignation or removal,” and as thus amended was adopted by the Convention.

Section 5, Article VII, was amended by substituting the Report of the Committee on the Judiciary as follows:

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.

66 his or

[ocr errors]

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

And as thus amended, was adopted by the Convention.

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

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

Every officer shall hold his office until his successor is elected or appointed or qualified, were adopted by the Convention as reported by the Committee on the Judiciary.

Mr. McDougal moved to amend the paragraph in relation to filling vacancies in the office of Judge, etc., by striking out the words “time herein fixed for the general elections of civil officers” and inserting " time of the biennial elections of civil officers,” which was adopted.

Mr. FENTRESS moved to amend by adding “occurring not less than forty days thereafter."

On motion of Mr. PORTER, of Haywood, the amendment of Mr. Fentress was laid on the table.

The paragraph as amended by Mr. McDougal's amendment was then adopted by the Convention.

The Report of the Committee on Miscellaneous Provisions in relation to the preservation of game and fish was taken up, when Mr. MORRIS demanded the yeas and nays on the adoption of the section reported by the Committee, which were ordered and the section adopted. Yeas...

42 Nays.....

29 Those voting in the affirmative are :

Messrs. Allen, Arledge, Bate, Blizard, Brandon, Brown of Henry, etc., Burkett, Byrne, Campbell

, Chowning, Coffin, Cypert, Deaderick, Dromgoole, Fentress, Garner, Gaut, Heiskell, Henderson, House of Williamson, Jones of Giles, Key, Kyle, Mabry, McDougal, Martin, Netherland, Nicholson, Parker, Porter of Haywood, Porter of Henry, Seay, Shepard, Shelton, Thompson of Davidson, Thompson of Maury, Turner, Walters, Warner, Williamson, Wright and President Brown-42.

Those voting in the negative are:
Messrs. Baxter, Blackburn, Branson, Britton, Brooks, Brown of

« 上一頁繼續 »