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Resolved, That the present Constitution of the State of Tennessee be so amended as to prohibit the State Legislature from passing any bill granting State aid to Internal Improvements. And so as to prohibit the Legislature from passing any bill by the provisions of which the State shall become a joint stock-holder in any incorporation ; Provided the State may build roads or improve the navigation of rivers, if authorized so to do by the Legislature.
Mr. McNABB offered the following resolution, which was read and referred to the Committee on Miscellaneous Provisions :
Resolved, That the Legislature of the State of Tennessee, shall pass a common school law, and such an one as in their judgment will be for the very best interest to the children of the State, and a reasonable school tax.
Mr. PORTER, of Haywood, offered the following resolution, which was read and referred to the Committee on Miscellaneous Provisions :
Resolved, That the body having the power to fix and determine the salary of the Governor and Judges of the State, shall not reduce that of the Governor below the sum of $4,000 per annum ; that of the Judges of the Supreme Court, below $4,000 per annum; that of Chancellors and Circuit Judges, below $3,000 per annum.
REPORTS CALLED FOR.
Mr. PORTER, of Haywood, offered the following resolution, which lies over under the rule:
Resolved, That the Standing Committees, of this body, be and the same are hereby required to report in some way upon all propositions or resolutions, that have been or may hereafter be referred to them. That in case of rejection of any resolution, the same shall be returned to this body, labelled "rejected," simply, or “rejected because the substance thereof, has, or will be acted upon and reported in another form and manner.'
JURISDICTION OF MAGISTRATES
Mr. PORTER, of Haywood, submitted the following resolution :
“Resolved, That reference be had to the Judiciary Committee, to enquire into and report to this Convention how far and to what extent, if any, the jurisdiction of Justices of the Peace in this State, now obtaining on notes of hand to the sum of $500, and on open accounts to the sum of $250, conflict with Article VII, of the amendments to the Constitution of the United States." Said Art. being in words and figures as follows: In suits at Common law, when the value in controversy shall exceed ($20) Twenty Dollars, the right of trial by Jury shall be preserved ; and no fact tried by a Jury shall be otherwise re-examined in any Court of the United States than according to the rules of the common law.!”
REPORT OF PROCEEDINGS.
Mr. THOMPSON, of Maury, offered the following resolution, which was read and referred to the Committee on Printing :
Resolved, That William H. Drapier, be and he is hereby appointed stenographic reporter for this Convention and that he be authorized to furnish three thousand copies of his reports, in book form for which he shall receive the same compensation as is now paid, by law, for public printing, of the same grade.
Mr. WARNER offered the following resolution, which was read and referred to the Committee on the Legislative Department:
Resolved, That Article II, Section 15, of the Constitution of 1834, be so amended as to insert the words without delay" between the word “shall” and “issue,” and that the Legislative Committee enquire into the propriety of said amendment.
Mr. WARNER offered the following, which was also referred to the Committee on the Legislative Department:
Resolved, That the Committee on the Legislative Department be required to report upon the propriety of conferring on two-thirds of the Senate, and a majority of all the members of the House of the General Assembly the power to grant pardons in cases of impeachments.
Mr. WARNER offered the following, which was read and referred to the Committee on Bill of Rights:
Resolved, That the following proposition be presented to the Committee on the Bill of Rights:
1st. That Article I, Section 5, be so amended as to strike out the words “ free man” between the words “ no” and “shall," and insert the word "6 person;" and to insert the words “
between the words“his” and “freehold," and that the words “ her” be inserted between the words “his" and liberty," and that the words “ or her " be inserted between the words “his and “peers,” which will make said section read thus: “ That no person shall be taken or imprisoned, or disseized of his or her freehold, liberties or privileges, or outlawed or exiled, or in any manner distrained or deprived of his or her life, liberty or property, but by the judgment of his or her peers, or the law of the land.”
Be it also resolved, That Section 9 of said Article be amended as
follows: That the letters “self” be stricken out between the words “himself," and the words “or” "herself” be inserted," and that the words or her " be inserted between the words « his " and “ counsel," and that the words “ or her " be inserted between the words “him” and “and,” and that the words “ or her " be inserted between the words “his” and “favor," and that the letters “self” in the last word in said section be stricken out, and the words “or herself” be added, which will make said section read thus :
“ That in all criminal prosecutions the accused hath a right to be heard by him or herself and his or her counsel, to demand the nature and cause of the accusation against him or her, and to have a copy thereof; to meet the witnesses face to face; to have compulsory process for obtaining witnesses in his or her favor; and in prosecutions by indictment or presentment, å speedy, public trial by an impartial jury of the County or District in which the crime shall have been committed ; and shall not be compelled to give evidence against him or herself.
Be it further resolved, That section 13 of said Article be so amended as to strike out the word “jail' and insert the word “ prison;" and that Section 14 of said Article be so amended as to strike out the words " free man,” and insert in their stead the word “person.
Resolved further, That Section 17 of said Article be so amended as to insert the word “person in the place of “ man” between the words “every” and “for," and to insert the words “or her." after the word “him” before the word "in," and the words “or her between the words “ his” and “ lands."
Resolved further, That Section 26 of said Article be so amended as to insert the word “person's” instead of "man's” between the the words “no” and “particular,” and that the words " or her” be inserted between the words “his” and “representatives.”
Resolved further, That Section 26 of same Article be so amended as to strike out the words “the free white men” and insert the words “all persons."
Resolved further, That Section 3 of said Article be so amended as to strike out the word 66 between 66 all” and 66 have," and insert the word "persons » and strike out the word
between the words 67 and can," and insert the word “person."
Mr. WARNER also offered the following, which was read and referred to the Committee on the bill of Rights :
Resolved, That the Committee on the Bill and Declaration of Rights be directed to inquire into and report on the propriety of amending Article I, Section 1, of the Declaration of Rights, so that in calling conventions of the people of this State, other than in the mode of amending the Constitution in accordance with Article II, Section 3, of the Constitution, that a majority of the qual
iied voters of the State, and a majority voting for Governor on
be called to amend or alter the Constitution, before said Convention or other sovereign body of the people, as it may be called, shall be authorized to act as delegates of the people in altering, reforming, or abolishing the Constitution of this state, subject to the ratification of the people.
Mr. WALTERS offered the following resolution, which was read and referred to the Committee on the Judicial Department:
Resolved, That there shall be an act enacted by the General Assembly of the State of Tennessee, authorizing the election of a County Judge for the respective Counties, and who shall have jurisdiction to try all offenses under the laws of this State, under the grade of grand larceny; that he shall try them under the same rules and regulations that they are now triable by the Circuit Courts, other than they shall not be required to refer the charges to a Grand Jury to find a bill of indictment, but may proceed to trial upon the warrant of arrest. But that the quarterly County Courts shall be held under such rules and regulations as may be prescribed by law.
FORM OF REPORTS OF COMMITTEES.
Mr. BROWN, of Davidson, offered the following resolution :
Resolved, That the different Committees, in making their reports, shall designate the section, or part of section and Article of the Constitution proposed to be amended; or if a new section is reported it should be numbered, and its appropriate place in the Constitution designated.
Mr. House, of Davidson, Robertson and Montgomery, offered the following in lieu of Mr. Brown's resolution:
Resolved, That the different Committees shall report as a whole all the amendments which they wish to propose to the Constitution ; and they shall make no report to the Convention upon any matter referred to them until they are ready to make a general report of all the amendments they wish to recommend in the respective departments referred to them.
On motion of Mr. House, of Davidson, Robertson and Montgomery, the rules were suspended, and the resolution offered by him was adopted in lieu of Mr. Brown's :
Mr. HEISKELL offered the following amendment to Mr. House's resolution :
“ But that the several Committees of this House may, in their discretion, report to this House by resolution, drawn up in such
form as they may deem advisable, to test the sense of the House upon such principles as may be material so to present.
Which amendment was rejected.
On motion of Mr. JONES, of Lincoln, the vote rejecting said amendment was reconsidered, and the amendment adopted.
Mr. KENNEDY offered the following amendment :
“And that the reports of said Committees shall lie upon the table, and be printed for the use of the Convention.”
Which was rejected, and the resolution, as amended, was adopted by the Convention,
Mr. THOMPSON, of Maury, moved that when the Convention adjourn, it adjourn until Monday morning next, at 10 o'clock.
Mr. BAXTER demanded the yeas and nays upon the motion.
Messrs. Allen, Arledge, Burton, Brandon, Bate, Cummings, Jones of Lincoln, Jones of Giles, Kennedy, Porter of Haywood, Thomoson_of Maury, Thompson of Davidson, Turner and Mr. President Brown,14.
Those voting no are:
Messrs. Burkett, Brown of Davidson, Branson, Baxter, Britton, Brooks, Byrne, Blizard, Brown of Carroll, Gibson, Madison and Henry, Coffin, Campbell, Chowning, Cypert, Carter, Dibbrell, Deavenport, Deaderick, Doherty, Dromgoole, Finley, Fulkerson, Fentress, Fielder, Gaut, Gibson, Gardner, Gibbs, Gordon, Garner, Henderson, Hill of Warren, Hill of Gibson, Heiskell, House of Williamson, House of Davidson, Robertson and Montgomery, Ivie, Kirkpatrick, Key, Kyle, Martin, Mabry, Morris, Meeks, McDougal, McNabb, Netherland, Nicholson, Porter of Henry, Parker, Seay, Shepard, Stephens, Staley, Sample, Shelton, Taylor, Wright, Williamson, Warner, and Walters—60.
On motion, the Convention adjourned until to-morrow morning, 10 o'clock