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Davidson, Carter, Cummings, Dibbrell, Doherty, Fielder, Finley,
Mr. BLIZARD moved to lay the section reported by the Committee, authorizing the receipt of the due coupons of the bonds of the State for taxes, on the table.
Mr. TURNER demanded the yeas and nays, which were ordered and the motion to lay on the table sustained." Yeas...
...17 Those voting in the affirmative are:
Messrs. Allen, Arledge, Baxter, Blackburn, Blizard, Brandon, Branson, Britton, Brown of Henry, etc., Burkett, Burton, Campbell, Carter, Chowning, Coffin, Cummings, Deaderick, Dibbrell, Doherty, Dromgoole, Fielder, Gardner, Gaut, Gibbs, Gibson, Heiskell, Henderson, Hill of Warren, Hill of Gibson, House of Williamson, Ivie, Jones of Giles, Kirkpatrick, Kyle, Mabry, McDougal, McNabb, Martin, Meeks, Morris, Netherland, Nicholson, Parker, Porter of Henry, Sample, Seay, Shepard, Shelton, Staley, Stephens, Taylor, Thompson of Maury, Warner and Williamson–54.
Those voting in the negative are:
Messrs. Brooks, Brown of Davidson, Byrne, Cypert, Fentress, Finley, Garner, Gordon, House of Montgomery, etc.
, Kennedy, Key, Porter of Haywood, Thompson of Davidson, Turner, Walters, Wright and President Brown—17.
Mr. CYPERT submitted the following proviso to be attached to the amendment adopted to Section 3 of Article XI:
Provided, That nothing contained in this section shall be so construed as to deprive the people in their sovereign capacity from exercising the inherent right to alter, reform, change or abolish this Constitution, as declared in the Bill of Rights, independent of any legislative authority.
Which lies over until to-morrow.
Mr. THOMPSON, of Davidson, submitted the following independent section :
The due coupon bonds of the State legally issued prior to the year 1861, shall be received at par after January 1st, 1871, for all taxes or other dues to the State; Provided, That this section shall not apply during a rebellion or invasion of the State.
The consideration of which was postponed until to-morrow.
Sec. That when any amendment or amendments to the Constitution of the United States shall be proposed to the several States thereof for ratification, no Legislature or Convention of this State shall ever ratify or reject such amendment or amendments, unless the Legislature or Convention shall have been elected by the people of this State after the period of time when the Congress or Convention of the United States shall have proposed such amendment or amendments to the several States for ratification.
The consideration of the proposed section was postponed until to
Mr. TAYLOR moved that the Convention adjourn until 7 o'clock P. M., which was rejected.
On motion of Mr. STEPHENS, it was ordered that the hour of meeting hereafter be 9 o'clock A. M., take a recess at 1 P. M., again at 2, and sit as long in the afternoon as practicable.
Mr. THOMPSON, of Davidson, moved that the Convention adjourn until 9 o'clock to-morrow morning.
Mr. BAXTER demanded the yeas and nays, which were ordered, and the motion to adjourn adopted. Yeas...
..27 Those voting in the affirmative are:
Messrs. Arledge, Blackburn, Branson, Brooks, Brown of Davidson, Brown of Henry, etc., Burton, Byrne, Campbell, Chowning, Coffin, Cummings, Cypert, Dibbrell, Doherty, Fentress, Gardner, Gibbs, Gordon, House of Montgomery, etc., Key, Kyle, Mabry, Martin, Morris, Netherland, Nicholson, Porter of Haywood, Porter of Henry, Sample, Seay, Shepard, Shelton, Stephens Taylor, Thompson of Davidson, Thompson of Maury, Turner, Walters and Wright-40.
Those voting in the negative are:
Messrs. Allen, Baxter, Blizard, Brandon, Britton, Burkett, Carter, Deaderick, Dromgoole, Fielder, Garner, Gaut, Gibson, Heiskell, Henderson, Hill of Warren, Hill of Gibson, House of Williamson, Ivie, Kennedy, Kirkpatrick, McDougal, McNabb, Meeks, Parker, Warner and President Brown-27.
FRIDAY MORNING, FEBRUARY 18, 1870.
The Convention met pursuant to adjournment, Mr. President BROWN in the Chair.
The Journal of yesterday was read and approved.
RESOLUTIONS, MEMORIALS AND PETITIONS.
Mr. ALLEN offered the following resolution :
Resolved, That this Convention proceed at once, without regard to the report of any committee or committees, to the consideration seriatim, of the various sections of the several articles of the Constitution adopted in 1834, that have not, as yet, been adopted, anıended or rejected by this Convention.
Which lies over under the rule.
Resolved, That all the revenues of this state, after defraying the current expenses of government, and except the appropriations permitted by this Constitution to be applied to educational purposes, shall be applied to the payment of the just debts of the State, and no other application of its revenues shall be made until the debts of the State are paid.
Which lies over under the rule.
Resolved, That the Counties of Carroll, Gibson and Lauderdale, on the line of the Tennessee Central railroad, be excepted from the provisions in the Constitution requiring three-fourths of those voting in any county to authorize subscriptions to the stock of any railroad company.
Which lies over under the rule.
Mr. THOMPSON, of Davidson, presented a memorial from a number of Hebrew citizens, praying that they be allowed to observe their own Sabbath. Which was read and referred to the Committee on the Judiciary.
Mr. GIBSON offered the following as an independent section to Article XI:
All the revenue derived from the tax on polls, and such other revenues as the Legislature may from time to time designate, shall be set apart for the support of common schools, and shall never be applied to any other purpose.
Mr. SEAY offered the following as an independent section to Article II :
No county which has a representative at the date of the ratification of this Constitution, shall ever be deprived thereof, under any apportionment made hereafter under the provisions of this Constitution,
REPORT ON ORDINANCE.
Mr. NICHOLSON, from the Committee on Elections and Suffrage, made the following report :
The Committee have considered an ordinance presented to the Convention by Mr. Turner, of Sumner county, and have instructed me to recommend its adoption, with certain immaterial amendments. The ordinance, as amended and recommended for adoption, is as follows:
1st. Be it ordained by the Convention, That it shall be the duty of the several officers of the State, authorized by law, to hold elections for members of the General Assembly and other officers, to open and hold an election, at the place of holding said elections in their respective counties, on the fourth Saturday in March, 1870, for the purpose of receiving the votes of such qualified voters as may desire to vote for the ratification or rejection of the Constitution recommended by this Convention. And the qualification of voters in said election shall be the same as that required in the election of delegates to this Convention.
2d. It shall be the duty of said returning officers, in each county in the State, to enroll the name of each voter on the poll-books prepared for said election, and shall deposit each ballot in the ballot boxes respectively. Each voter, who wishes to ratify the new Constitution, shall have written or printed on his ticket the words, “New Constitution," or words of like import; and each voter, who wishes to vote against the ratification of the new Constitution shall have written or printed on his ticket the words, “Old Constitution,” or words of like import.
3d. The election shall be held, and the judges and clerks shall be appointed, as in the case of the election of the members of the General Assembly, and the returning officers, in the presence of the judges or inspectors, shall count the votes given for the new. Constitution, and those given for the old Constitution, of which they shall keep a correct estimate in said poll-books. They shall. deposit
the original poll-books of said election with the Clerks of the County Courts, in the respective counties, and shall, within five days after the election, make out accurate statements of the number of votes polled in their respective counties for and against the new Constitution, and immediately forward, by mail, one copy of said certificates to the Governor, and one to the Secretary of State. So soon as the poll-books are deposited with the County Clerks, they shall certify to the Secretary of State an accurate statement of the number of votes cast for and against the new Constitution, as it appears on said poll-books. And if any of said returning officers shall fail to make the return herein provided for within the time required, the Secretary of State shall be authorized to send special messengers for the result of the vote in those counties whose officers have so failed to make returns.
4th. Upon the receipt of said returns, it shall be the duty of the Governor, Secretary of State, and the President of this Convention, or any two of them, to compare the votes cast in said election, and if it shall appear that a majority of all the votes was cast for “ New Constitution,” it shall be the duty of the Governor forthwith to make proclamation of the result, and thereupon the new Constitution shall be ordained and established as the Constitution of the State of Tennessee.
4th. The Governor of the State is requested to issue his proclamation as to the election on the 4th Saturday in March, 1870, herein provided for. All of which is respectfully submitted.
A. 0. P. NICHOLSON, Chairman.
VACANCIES IN JUDICIAL OFFICES.
On motion of Mr. BURTON, the vote adopting Mr. McDougal's amendment to the paragraph providing for the filling of vacancies in judicial offices, etc., was reconsidered.
Thereupon Mr. BURTON offered the following amendment :
Strike out“ general” and insert "biennial,” and add : “ And such vacancy shall be filled at the next biennial election recurring more than thirty days after the vacancy occurs."
Which was adopted, and the paragraph, as thus amended, was again adopted by the Convention.
RATIFYING AMENDMENTS TO FEDERAL CONSTITUTION.
On motion of Mr. MABRY, the independent section, proposed by Mr. Warner on yesterday, prescribing the mode of ratifying amendments to the Constitution of the United States, was referred to the Committee on the Judiciary.