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dred qualified voters. No part of a county shall be taken off to form a new county, or a part thereof, without the consent of a majority of the qualified voters in such part taken off; nor shall such old county be so reduced therefor to less than four hundred square miles: Provided, however, That the present, or any succeeding Legislature, may establish a new county out of that portion of Obion County, lying west of low water mark, on the west bank of Reelfoot Lake, with a less territory than three hundred square miles, and less than five hundred qualified voters.
Mr. DIBBRELL offered the following resolution, which was read and referred to the Committee on Finance and Incorporations :
Resolved, That the Legislature shall have no power to pass laws chartering towns and cities, or private companies, unless the State of Tennessee shall be a stock-holder in said company; but may, by appropriate legislation, give the various Courts of Record of this State power to grant such charters and incorporations.
Mr. THOMPSON, of Davidson, offered the following resolution, which was read and referred to the Committee on Franchise :
Be it resolved, That Section 1 of Article IV of the Constitution be so amended as to omit the word “white;" and also be amended by adding the following words: “ Provided, That no citizen shall be entitled to a vote at a State election who has not paid in full all of his State taxes due on the 1st of January preceding said State election; and no citizen shall be entitled to vote in a County election who has not paid in full all of his County taxes due on the 1st of January preceding said County election.
Mr. SAMPLE offered the following resolutions, which were read and referred to the Committee on Franchise :
Resolved, That every male person having arrived at the age of twenty-one years, and having not forfeited his right by crime, being a citizen of the United States, and a citizen of the County for six months previous to the day of election, shall be entitled to vote, without regard to race or color.
Resolved, That no hymenial contract or amalgamation between the white and colored race shall ever be countenanced or tolerated by law in the State of Tennessee.
Mr KENNEDY offered the following resolutions, which were read and referred to the Committee on the Legislative Department:
Resolved, That the Senate shall be elected for four years, onehalf biennially.
Resolved, That the power of the Legislature to impose taxes ought to be so limited as to prohibit the imposition on property, either real or personal, of any other than an ad valorem tax; and that in apportioning this tax either for State, County or Municipal
purposes, real estate and all the other visible property of each individual should be valued and taxed at their value: Provided, however, That household furniture to the value of five hundred dollars, and farming utensils to the value of five hundred dollars, shall be exempt from taxation.
Mr. FENTRESS offered the following resolution, which was read and referred to the Committee on Franchise :
Resolved, That Section 1 of 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 United States, and a citizen of the County wherein he may offer his vote, twelve 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.
Mr. SAMPLE offered the following resolutions, which were read and referred to the Committee on the Legislative Department :
Resolved, That the Legislature be limited in their sessions to sixty days, and after that length of time if they continue longer, that they remain on their own expense. At a call session, thirty days, and no longer.
Resolved, That the 1st Section of the 9th Article be stricken out entirely, and the following be inserted in lieu thereof: “That Ministers of the Gospel, if elected by the qualified voters of their County or District in which they may reside, shall be admitted to take a seat in either House of the Legislature as a member of the
Resolved, That the following words be added in 2nd Section, 9th Article, after the words, "No person denying the existence of a God,” shall be added, " or the divinity of Jesus Christ, or a future state of rewards and punishment,” etc.
Mr. HOUSE, of Williamson, offered the following resolution, which was read and referred to the Committee on the Legislative Department:
Resolved, That Section 2 of Article V be so amended as to read as follows : “ That the Senate shall have sole power to try impeachments. When sitting for that purpose the members shall be upon oath or affirmation, and shall be presided over by one of the Judges of the Supreme Court, selected for that purpose by viva voce vote of the Senate, and no person shall be convicted without the concurrence of two-thirds of the Senate, sworn to try the officer impeached.
Mr. THOMPSON, of Davidson, offered the following resolution, which was referred to the Committee on the Judicial Department:
Be it resolved, That Section 13 of Article VI of the Constitution be amended by words to the following effect: “Every Clerk of a Court of Record shall be appointed by the Judge or Judges thereof, to hold office for a term of six years. But all Clerks who are in office, or elected to office at the date of the organization of the Govment under the new Constitution, shall be entitled to hold their offices respectively until the full end and term of the period for which they are so elected.
Mr. MORRIS offered the following resolution, which was referred to the Committee on the Judiciary :
Resolved, That the Constitution be so amended as to make the Clerks and Masters of the Chancery Courts elective by the people at the same time and for the same length of time as the Chancellors; that the Clerks of the Circuit Courts be elected by the people at the same time and for the same length of time as the Judges of the Circuit Courts.
Mr. BROWN, of Davidson, offered the following resolution, which was read and referred to the Committee on the Judiciary:
Resolved, That Section 2 of Article VI shall be so amended as to read: "The Supreme Court shall be composed of six Judges, two of whom shall reside in each of the Grand Divisions of the State; they shall be nominated by the Governor to the Senate, and by that body confirmed, and such confirmation shall require two*thirds of all the Senators elect; and if, upon three successive nominations, the Senate should fail to concur, thereupon the Governor shall issue his proclamation, fixing a day for an election by the people, to be conducted as now provided by law. When said Judges are so elected, they shall be commissioned and qualified as at present. Three of said Judges shall be assigned to try cases upon the Law Docket, and three, cases upon the Chancery Docket.
The jurisdiction of this Court shall be appellate only, as at present: Provided, It shall have original jurisdiction to hear and determine all questions involving merely the constitutionality of any act of the General Assembly. Also, all questions touching the official duty or powers of any officer of the State Government. Such cases shall be presented by petition under such rules and regulations
be prescribed by the Court so as to insure a speedy trial, and when exercising such original jurisdiction, all of said Judges shall preside upon the trial; and in case of a tie, notice shall be given to the Governor, who shall appoint some one learned in the law, to sit with the other Judges to hear and determine the question. The salaries of the Judges shall be as prescribed by law, and the Court shall be held at one place only in each of the Grand Divisions of the State.
Mr. IviE offered the following resolution, which was read and referred to the Committee on the Legislative Department:
Resolved, That Section 23 of Article II of the present Constitution shall be so altered and amended as to read as follows:
“ The sum of four dollars per day, and four dollars for every twenty-four miles traveling to and from the seat of Government, shall be allowed to the members of the First General Assembly as a compensation for their services. The compensation of the members of the succeeding Legislature shall be ascertained by law, but in no case shall the per diem compensation for any one session exceed the sum of three hundred and sixty dollars ($360 00), which shall be paid in such funds as the Collectors of Revenue are authorized by law to receive in payment of the State taxes. But no law increasing the compensation of members shall take effect until the commencement of the next regular session after such law shall have been enacted,
REPORT ON RULES.
Mr. CAMPBELL from the Committee appointed to draft rules and regulations for the Convention, reported the following, to-wit:
1st. Touching the duties of the President.
He shall take the Chair every day at the hour to which the Convention shall have adjourned on the preceding day; he shall immediately call the members to order, and, on the appearance of two-, thirds of the members, shall cause the Journal of the preceding day to be read; he shall preserve decorum and order; may speak to points of order, in preference to other members, rising from his seat for that purpose; and shall decide questions of order, subject to an appeal to the Convention by any two members; he shall rise to put a question, but may state it sitting; questions shall be distinctly put in this form, to-wit: "As many as are of opinion that (as the question may be) say aye,” and after the affirmative voice is expressed, “as many as are of a contrary opinion, say no.” If the President doubts, or a division be called for, the Convention shall decide; those in the affirmative of the question shall first rise from their seats, and afterwards those in the negative. All Committees shall be appointed by the President, unless otherwise directed by the Convention, in which case they shall be appointed by ballot, and if upon such ballot the number required shall not be elected by a majority of votes given, the Convention shall proceed to a second ballot, in which a plurality of votes shall prevail; and in case a greater number than is required to compose or to complete the Committee, shall have an equal number of votes, the Convention shall proceed to a fourth ballot or ballots. In all cases of ballot by the Convention, the President shall vote. All acts, ad
dresses and resolutions shall be signed by the President, and all writs, warrants or subpænas, issued by order of the Convention, shall be under his hand and seal, attested by the Secretary. In case of any disturbance or disorderly conduct in the lobby, the President, or Chairman of the Committee of the whole Convention, shall have power to order the same to be cleared. Stenographers shall be admitted, and the President shall assign such places to them on the floor as shall not interfere with the convenience of the Convention.
2nd. Of decorum in debate.
When any member is about to speak in debate, or to deliver any matter to the Convention, he shall rise from his seat uncovered, and respectfully address himself to “Mr. President,” or “Mr. Chairman,” (as the case may be) and await the notice of the President or Chairman, and shall confine himself to the question under debate, and avoid disrespectful personalities. If any member, when speaking or otherwise, transgress the rules of the Convention, the President shall, or any member, may call to order, in which case the member so called to order shall immediately sit down, unless permitted to explain; and the Convention shall, if appealed to, decide on the case, but without debate; if there be no appeal, the decision of the Chair shall be submitted to. If the decision shall be in favor of the person called to order, he shall be at liberty to proceed ; if otherwise, and the case require it, he shall be liable to the censure of the Convention. When two or more persons happen to rise at once, the President shall name the person who is to speak. No member shall speak more than twice on the same question without leave of the Convention, nor 'more than once until every member choosing to speak shall have spoken. Whilst the President is putting any question or addressing the Cónvention, no one shall walk out of or across the House ; nor whilst a member is speaking, shall any one entertain private discourse; nor whilst a member is speaking, shall any one pass between him and the Chair. Every member who shall be in the Convention when a question is put, shall give his vote, unless the Convention, for special reasons, shall excuse him.
When a motion is made and seconded, it shall be stated by the President; or being in writing, it shall be handed to the Chair, and read aloud by the Secretary before it is debated.
Every motion shall be reduced to writing if the President or any member desire it.
After a motion is stated by the President, or read by the Secretary, it shall be deemed to be in possession of the Convention, but may be withdrawn at any time before a decision or amendment.
When a question is under debate no motion shall be received, unless to amend it, to commit it, or for the previous question ; to postpone to a day certain, or to lay on the table, or to adjourn.