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“ Said new county shall contain not less than 400 qualified voters, nor shall the area of either of said old counties be reduced below 450 square miles."
Which was adopted, and the section, as thus amended, adopted. Mr. NICHOLSON offered the following amendment:
In line 1, paragraph 3, after the word “of” insert the word “Lewis," so that it will read: “ The Counties of Lewis, Cheatham and Sequatchie," etc.
Which was adopted, and the paragraph as thus amended was adopted.
Mr. CARTER offered an amendment declaring that the county seat of Carter County shall not be removed without the concurrence of two-thirds of the Legislature.
Mr. BATE offered the following as an amendment to Mr. Carter's amendment:
Nor shall the seat of justice in the County of Tipton be removed without a majority of two-thirds of the qualified voters of said county vote therefor.
Mr. GARNER offered the following in lieu :
Nor shall the seat of justice of any county in this State be removed without the concurrence of two-thirds of the qualified voters in the respective counties.
Which was accepted by Messrs. CARTER and BATE, and adopted by the Convention.
Mr. FIELDER proposed the following amendment :
Out of territory made up of fractions of Haywood, Madison, Gibson and Dyer Counties, included in the bounds set forth in the second section of an act passed by the General Assembly of the State of Tennessee, on the 20th day of December, 1845, entitled " An act to establish the County of Crockett in honor of and to perpetuate the memory of David Crockett, one of Tennessee's distinguished sons."
Mr. GARDNER offered the following amendment to Mr. Fielder's proposition:
Add to the end of the proposition, “ Provided, two-thirds of the qualified voters in each of the fractions taken to make said county shall vote for the same. And provided further, That neither of the counties from which such fractions are taken, shall be reduced below 500 square miles. And provided also, That said new county shall not contain less than 275 square miles.
Which was accepted by Mr. FIELDER.
Mr. PORTER, of Haywood, moved to lay the amendment on the table.
Mr. FIELDER demanded the yeas and nays, which were ordered and the motion to lay on the table rejected : Yeas...
...35 Those voting in the affirmative are:
Messrs. Arledge, Bate, Baxter, Blizard, Britton, Brown of Henry, etc., Burkett, Burton, Coffin, Fentress, Gaut, Gibson, Henderson, Hill of Gibson, Jones of Giles, Kennedy, Key, Mabry, Porter of Haywood, Porter of Henry, etc., Sample, Shelton, Staley and Wright-24.
Those voting in the negative are:
Messrs. Allen, Brandon, Branson, Brooks, Brown of Davidson, Byrne, Carter, Chowning, Cummings, Deaderick, Deavenport, Dibbrell, Doherty, Fielder, Gardner, Garner, Gibbs, Gordon, Heiskell, Hill of Warren, House of Montgomery, etc., Ivie, Kyle, McNabb, Martin, Nicholson, Parker, Seay, Shepard, Taylor, Thompson of Maury, Turner, Walters, Warner and Williamson-35
On motion of Mr. BROWN, of Davidson, the further consideration of the proposition was postponed until Monday next.
Mr. MABRY entered a motion to reconsider the vote adopting Section 1, Article IX.
Mr. THOMPSON, of Maury, offered the following amendment:
“Out of territory made up of fractions of Maury, Williamson, Rutherford, Marshall and Bedford, a county may be established, but in no case shall the line of said new county approach the county sites of any of the counties from the territory of which said new county is made up nearer than eleven miles, except that the line of said new county may approach the Court-house of Marshall County as near as the northern bank of Duck River. But Marshall County shall not be reduced below 350. square miles.
The consideration of the amendment was postponed until Monday next.
Mr. PRESIDENT BROWN, Mr. Kennedy in the Chair, offered the following resolution :
Resolved, That the Counties of Tipton, Fayette, Henry, Lincoln, Haywood, Henderson, Rutherford, Giles, Bedford, Franklin, Robertson, Roane, Dickson, Blount, DeKalb, Sullivan, Hardeman, Madison, Carroll, Knox and Montgomery, shall not be reduced below the number of square miles now included in their present boundaries.
Mr. President BROWN called for the question on his resolution.
Mr. THOMPSON, of Maury, moved that the Convention adjourn until Monday morning at 9 o'clock.
Mr. GARNER demanded the yeas and nays, which were ordered, and the motion to adjourn adopted. Yeas.....
....27 Those voting in the affirmative are:
Messrs. Bate, Blizard, Brandon, Britton, Brown of Davidson, Burkett, Burton, Carter, Chowning, Coffin, Cummings, Deavenport, Dibbrell, Doherty, Fielder, Gardner, Gibbs, Gordon, Heiskell, Key, Kyle, Mabry, McNabb, Martin, Nicholson, Sample, Seay, Shepard, Taylor, Thompson of Maury, Warner, Williamson and Wright-33.
Those voting in the negative are: Messrs. Allen, Arledge, Baxter, Branson, Brooks, Brown of Henry, Byrne, Deaderick, Fentress, Finley, Garner, Gaut, Gibson, Henderson, Hill of Warren, Hill of Gibson, House of Montgomery, etc., Ivie, Jones of Giles, Kennedy, Parker, Porter of Haywood, shelton, Staley, Turner, Walters and President Brown—27.
MONDAY MORNING, FEBRUARY 21, 1870.
The Convention met pursuant to adjournment, Mr. President BROWN in the Chair.
The Journal of Saturday was read and approved.
REPORT ON MEMORIALS.
Mr. SEAY, from the Committee on New Counties and County Lines made the following report:
The Committee have directed me to report that they have had
under consideration the memorials from citizens of Coffee, Franklin, Lincoln and Bedford counties, and of citizens of Cannon, Smith, DeKalb, Wilson and Rutherford counties, and recommend them to the consideration of the Convention.
The memorial from the Justices of the Peace of Montgomery County asking for the restoration of fractions of Robertson County, is returned for the consideration of the Convention, and for such action as may be deemed proper; the Committee make no recommendation in regard thereto.
The memorial from citizens of Grundy asking that a portion of Grundy County be attached to Coffee County, is returned and recommended by the Committee to the respectful consideration of this body.
The memorials from citizens of Roane, Monroe and Blount asking for a new county to be formed out of territory made up of fractions of said counties, which were remanded to the Committee, are again returned, and the same recommended to the respectful consideration of the Convention, believing them to be entitled to such by this body.
The Committee ask to be discharged from the further consideration of the matters referred. All of which is respectfully submitted.
GEORGE E. SEAY, February 21, 1870.
PRINTING THE JOURNALS...
Mr. SEAY called up the resolution heretofore offered by him in relation to the printing of the Journal, etc., which was taken up, read, and on motion of
was passed over informally.
Mr. SHEPARD offered the following as an independent section :
Article Section Every white person put upon trial, charged with any crime or misdemeanor, shall have empannelled for the trial of the same a jury of white men, and in all civil cases where the plaintiff or defendant is a white person the jury shall be composed of white men.
Which lies over under the rule.
Mr. Key offered the following amendment to the report of the Committee on New Counties :
Out of territory made up of fractions of the Counties of Monroe, Roane and Blount around the town of Loudon ; but no line of such county shall ever approach the court-house of any of the old counties nearer than eleven miles, excepting that on the south side of the Tennessee River said lines may approach within ten miles of the county seat of Roane County, but on the north side of said river no line shall approach nearer than eleven miles.
Mr. STALEY offered the following amendment:
Mr. FINLEY offered the following amendment:
Provided, That such portions of said counties as may be taken off to form the new county shall still remain liable for their proportionable part of all debts contracted and owing prior to the formation of such new county.
Mr. KEY moved to lay the amendments on the table.
Mr. GIBSON demanded a division of the question, which was ordered, and a vote taken to lay the amendment of Mr. Finley on the table, and it was rejected. Yeas.....
.... 24 Nays...
.40 Those voting in the affirmative are:
Messrs. Blizard, Brown of Davidson, Burkett, Burton, Carter, Chowning, Deaderick, Dibbrell, Doherty, Fulkerson, Gaut, Gibbs, Gordon, Henderson, House of Williamson, House of Montgomery, etc., Kennedy, Key, Mabry, Nicholson, Thompson of Davidson, Walters, Warner and Wright-24.
Those voting in the negative are:
Messrs. Allen, Arledge, Bate, Baxter, Brandon, Branson, Britton, Brown of Henry, etc., Byrne, Campbell, Coffin, Cypert, Deavenport, Fentress, Fielder, Finley, Gardner, Garner, Gibson, Heiskell, Hill of Waren, Hill of Gibson, Ivie, Jones of Giles, Kyle, McDougal, McNabb, Martin, Meeks, Morris, Netherland, Parker, Porter of Haywood, Porter of Henry, Sample, Seay, Shelton, Staley, Stephens and Thompson of Maury--40.
A vote was taken on the motion to lay Mr. Staley's amendment. on the table and it was adopted. Yeas.......
16. Those voting in the affirmative are: Messrs. Allen, Arledge, Baxter, Blizard, Brandon, Branson, Brit