網頁圖片
PDF
ePub 版

385

manded the yeas and nays, which were ordered, and the motion to lay on the table sustained:

[ocr errors]

Yeas....
Nays....

41
22

Those voting in the affirmative are:

Messrs. Allen, Baxter, Blizard, Brandon, Branson, Britton, Brooks, Brown of Davidson, Burkett, Carter, Chowning, Cummings, Cypert, Dibbrell, Doherty, Fentress, Fielder, Gardner, Gaut, Gibbs, Gibson, Henderson, Hill cf Warren, Hill of Gibson, House of Montgomery, etc., Key, Kyle, Mabry, McDougal, McNabb, Martin, Meeks, Netherland, Nicholson, Parker, Sample, Seay, Thompson of Davidson, Thompson of Maury,, Turner and Warner-41.

Those voting in the negative are:

Messrs. Arledge, Bate, Brown of Henry, etc., Coffin, Deaderick, Fulkerson, Garner, Heiskell, House of Williamson, Ivie, Jones of Giles, Kennedy, Morris, Porter of Haywood, Porter of Henry, etc., Shelton, Staley, Stephens, Taylor, Walters, Williamson and President Brown-22.

On motion of Mr. GARNER it was ordered that the action of this Convention on the subject of new counties and county lines, be adopted as Section 4, of Article X, of the new Constitution of Tennessee; and that the Committee on Revision have the same enrolled accordingly.

MISCELLANEOUS PROVISIONS.

On motion of Mr. TURNER the Convention proceeded to the consideration of Article XI.

Section 1, was amended by adopting the amendment recommended by the Judicial Department as follows:

“But ordinances contained in any former Constitution or schedule hereto, are hereby abrogated.”

“ The time which has elapsed from the 6th day of May, 1861, until the 1st day of January, 1867, shall not be computed in any case affected by the statutes of limitations, nor shall any writ of error be affected by such lapse of times."

Section 2 was adopted without amendment.

Section 3, having heretofore been amended, was adopted as amended. Sections 4 and 5 were adopted without amendment.

Section 6, as amended, giving the Legislature power to pass a conventional rate of interest not to exceed ten per centum per annum was adopted.

Sections 7 and 8 were adopted without amendment,

Mr. House, of Williamson, demanded the yeas and nays on the adoption of Section 9, which were ordered and the amendment adopted.

Yeas....
Nays....

....41

.19

Those voting in the affirmative are:

Messrs. Allen, Baxter, Brandon, Branson, Britton, Brown of Davidson, Burkett, Carter, Chowning, Coffin, Cummings, Cypert, Deaderick, Dibbrell, Doherty, Fulkerson, Gardner, Gibson, Gordon, Henderson, Hill of Warren, Hill of Gibson, House of Montgomery, etc., Key, Kyle, Mabry, McDougal, McNabb, Martin, Meeks, Netherland, Nicholson, Parker, Porter of Henry, etc.

, Sample, Seay, Shepard, Taylor, Thompson of Maury, Warner and Wright --41.

Those voting in the negative are:

Messrs. Arledge, Bate, Brown of Henry, etc., Fentress, Fielder, Garner, Gibbs, Heiskell, House of Williamson, Ivie, Kennedy, Morris, Porter of Haywood, Shelton, Stephens, Thompson of Davidson, Turner, Walters and Williamson-19.

Section 10, having been previously acted on, was passed over informally.

Sections 11 and 12 were adopted without amendment.

On motion of Mr. GARNER, it was ordered that the Article be referred to the Committee on Revision and Enrollment.

SCHEDULE.

On motion of Mr. BAXTER, the Convention took up the Schedule reported by the Judiciary Committee, which is as follows:

Section 1. That no inconvenience may arise from a change of the Constitution, it is declared that the Governor of the State, the members of the General Assembly and all officers elected at or after the general election in March, 1870, shall hold their offices for the terms prescribed in this Constitution.

Mr. HEISKELL proposed the following amendment, to be inserted at the end of the third line of said report:

Officers anpointed by the Courts shall be filled by appointments, to be made and to take effect during the first term of the Court held by Judges elected under this Constitution.

Which was adopted by the Convention.

All other officers shall vacate their places thirty days after the day fixed for the election of their successors under this Constitution.

The Secretary of State, Comptroller and Treasurer shall hold their offices until the first session of the present General Assembly occurring after the ratification of this Constitution, and until their successors are elected and qualified.

The officers then elected shall hold their offices until the 15th day of January, 1873.

At the first election of Judges under this Constitution, there shall be elected six Judges of the Supreme Court, two from each grand division of the State, who shall hold their offices for the term herein prescribed.

In the event any vacancy shall occur in the office of either of said Judges at any time after the first day of January, 1873, it shall remain unfilled, and the Court shall, from that time, be constituted of five Judges.

While the Court shall consist of six Judges; they may sit in two sections and may hear and determine causes in each at the same time, but not in different grand divisions at the same time.

When so sitting the concurrence of two Judges shall be necessary to a decision.

The Attorney-General and Reporter for the State shall be appointed after the election and qualification of the Judges of the Supreme Court herein provided for.

Which was adopted by the Convention.
Mr. HEISKELL submitted the following as an additional section :

Every Judge and every officer of the Executive Department of this State, and every Sheriff holding over under this Constitution shall, within twenty days after the ratification of this Constitution is proclaimed, take an oath to support the same. And th of any officer to take such oath shall vacate his office.

Which was adopted.

On motion of Mr. GARNER, it was ordered that the Schedule be referred to the Committee on Revision.

re

ORDINANCE.

On motion of Mr. GARDNER, the Convention proceeded to the

So soon

consideration of the Ordinance reported by the Committeee on Elections and Suffrage.

Mr. NICHOLSON offered the following amendments :

On page 2, line 10, Section 3, strike out the words “ Secretary of State," and insert the words “ Speaker of the Senate," and in line 11 strike out the words “ Secretary of State ” and insert the words “President of the Convention," and in line 14, strike out the words “ Secretary of State ” and insert the word “ Governor;" so that the clause will read as follows:

And immediately forward by mail one copy of said certificates to the Governor, and one to the Speaker of the Senate as the poll books are deposited with the County Court Clerks, they shall certify to the President of the Convention an accurate statement of the number of votes cast for and against the “ New Constitution,” as appears in said poll books. And if any of said returning officers shall fail to make the returns herein provided for within the time required, the Governor shall be authorized to send special messengers for the result of the vote in those counties where officers have so failed to make returns.

Which was adopted by the Convention.
Mr. NICHOLSON offered the following amendments to Section 4:

In lines 1 and 2, of Section 4, strike out the words “ Secretary of State," and insert the words “Speaker of the Senate." In line 4, after the words “duty of” insert the following words: “ The Governor, Speaker of the Senate and the President of this Convention, or any two of them, to append to the Constitution a certificate of the result of the votes, from which time the Constitution shall be established as the Constitution of Tennessee.

In line 4, strike out the words “forthwith to” and insert the word.“ shall."

In lines 5 and 6, strike out the following words :

And thereupon the new Constitution shall be ordained and established as the Constitution of the State of Tennessee.

The section as amended will read as follows:

4. Upon the receipt of said returns it shall be the duty of the Governor, Speaker of the Senate and 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 cast for and against the “New Constitution was cast for the “ New Constitution," it shall be the duty of the Governor, Speaker of the Senate and President of this Convention, or any two of them, to append a certificate of the result to the Constitution, from which time the Constitution shall be ordained and established as the Constitution

of Tennessee, and the Governor shall forth with make proclamation of the fact that the Constitution has been ordained and established.

Which several amendments were adopted, and the Ordinance, as thus amended, was adopted by the Convention.

Ordered that the Ordinance be referred to the Committee on Revision and Enrollment.

RELIGIOUS OBLIGATIONS.

Mr. HEISKELL, from the Committee on the Judiciary, made the following report:

The Committee on the Judicial Department, to whom has been referred the memorial of the Israelites, have considered the subject and beg leave to report, and recommend the passage of the following as a section of the Constitution :

No person shall, in time of peace, be required to perform any service to the public on any day set apart by his religion as a day of rest.

The Legislature may by law exempt any religious denomination or race of people from the operation of any law prohibiting the pursuit of secular callings on stated days.

On motion of Mr. HEISKELL, the report was taken up.

Mr. THOMPSON, of Davidson, offered the following amendment to the second clause :

Which shall not interfere with the observance of the Christian Sabbath by the community, nor authorize any violation of it as established by law.

Mr. CARTER demanded a division of the subject, which was ordered.

A vote was taken on Mr. THOMPSON's amendment, and it was rejected.

A vote was then taken on the first clause of the proposed amendment, and it was adopted.

The second clause was rejected.

Ordered that the amendment be referred to the Committee on Revision.

COUNTY SUBSCRIPTIONS TO RAILROADS.

Mr. DOHERTY called up his resolution to except certain counties from the requirement that a three-fourths vote shall be required to subscribe for stock in railroads, etc.

« 上一頁繼續 »