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& SATURDAY MORNING, JANUARY 15, 1870,
The Convention met pursuant to adjournment, Mr. President BROWN in the Chair.
Prayer by the Rev. Dr. SOMERs.
The roll was called for petitions and memorials, when Mr. BRANSON offered the following resolution, which was read and referred to the Committee on the Legislative Department:
Resolved, That the Legislature of this State shall pass a Common School Law, and such an one as, in their judgment, will be for the very best interest of all the children of the State, and that they assess, or cause to be assessed, a sufficient tax to raise a fund for such educational purposes, and that the same be known as the “Common School Fund of Tennessee,” and that the same shall never be otherwise applied than for that of Common School purposes.
Mr. BROOKS offered the following resolution, which was read and
referred to the Committee on the Judicial Department:
Resolved, That the Constitution be so amended that the Judges of the Supreme Court shall not be allowed a salary to exceed two thousand five hundred dollars per annum, and that the salary of the Chancellors and Circuit Judges shall not exceed two thousand dollars per annum. .
Mr. BLIZARD offered the following amendment to the Constitution, which was read and referred to the Committee on Franchise
Resolved, That the Constitution of Tennessee be so amended as to provide for the election of the Secretary of State, Comptroller and Treasurers of the State, by the qualified voters of the State at large, at the same time and for the same term that the Governor and members of the General Assembly are elected.
Mr. CYPERT offered the following resolution, which was read and ordered to be referred to the Committee on the Legislative Department: -
Resolved, That the best interests of the State demand that manufacturing and agricultural pursuits should be favored and encouraged, and to this end the products of these important branches of industry should forever remain exempt from taxation. .
Mr. DIBBRELL offered the following resolution, which was read and referred to the Committee on the Legislative Department:
Resolved, That the Legislature shall be composed of one hundred members, as follows: Twenty-five Senators and seventy-five Representatives; Provided, That each county in this State with a voting population of fifteen hundred shall be entitled to one Representative in the lower branch of the Legislature.
Mr. FULKERSON offered the following resolution as an amendment to the Constitution, which was read and referred to the Committee on Franchise and Elections:
Resolved, That Section 5, of Article VII, of the Constitution be altered and amended as follows:
The Legislature shall provide that the election of the county officers, by the people, shall take place at the same time the general, elections are held for members of Congress, members of the Legislature and Governor. The election shall commence and terminate the same day. s
Mr. PoETER, of Haywood, offered the following resolution, which was read and referred to the Committee on the Judicial Department: . Resolved, That the Judges of the Supreme Court shall be elected by the people. That no person shall be eligible to said position unless he shall have had the experience of 25 years practice at the bar, and whose term of service shall end when he shall have attained. the age of seventy years, or during good behavior.
Mr. GIBSON offered the following amendment, which was read and referred to the Committee on the Legislative Department:
Article —, Section —. The Legislature shall have no power whatever, to give, grant lease or sell any portion of the territory of the State, or the control, or dominion of any portion thereof to any individual, association, corporation or State by special law ; nor. shall any portion of the territory of this State, or any private property within the State, or any individual association or corporation be exempted from State or county taxes: Provided, always, that this nor any other section shall be so construed as to prevent the United States from acquiring dominion and control, exclusive or otherwise over such places as the Legislature may authorize, by any law, general or special ; and Provided further, that the Legislature may pass general laws whereunder the County Court may exempt honorably discharged soldiers and indigent persons from the payment of the poll tax.
Mr. SAMPLE offered the following resolution, which was referred to the Committee on Franchise and Elections:
Resolved, That all offices to be filled, from the highest to the lowest grade, shall be filled by the popular vote of the qualified voters in the State, county or district, as the case may be, so as thereby not to conflict with the Constitution of the United States, viz: Supreme, Circuit and Chancery Judges, Clerks of the different Courts, Magistrates and Constables, Sheriffs, Surveyors, Trustees, Revenue Collectors, etc. Also all military officers shall be elected by the qualified voters of the State, county or district as the case may be.
Mr. PoETER, of Haywood, offered the following resolution, which was read and referred to the Committee on the Judicial Depart
Mr. SEAY offered the following resolution, which was read and referred to the Committee on the Bill of Rights: Resolved, That Section 6 of Article I be so amended as to read
as follows: - -
religious or political test shall ever be required as a qualification to
sit on Juries in this State.” -
PRINTING RULES, ETC.
pension of the rules.
Mr. PortER, of Henry, demanded the ayes and noes, but with- ; : .. drew the call, which was afterwards renewed by Mr. PortER, of Haywood. The resolution was then put upon its passage and resulted as follows:
Those voting in the affirmative are:
Messrs. Allen, Arledge, Brown, of Davidson, Britton, Byrne, Burton, Brandon, Cummings, Coffin, Campbell, Chowning, Cypert, Dibbrell, Deavenport, Deaderick, Dromgoole, Finley, Fulkerson, Fentress, Fielder, Gibbs, Gordon, Garner, Hill, of Warren, Heiskell, House, of Williamson, Ivie, Kirkpatrick, Kennedy, Kyle, Martin, Mabry, Morris, Meeks, McDougal, McNabb, Nicholson, Seay, Shepard, Stephens, Thompson, of Davidson, Thompson, of Maury, Turner, Taylor, Walters, Williamson and President Brown—47.
Those voting in the negative are:
Messrs. Burkett, Branson, Baxter, Brooks, Blizard, Carter, Doherty, Gaut, Gibson, Gardner, Henderson, Hill of Gibson, Jones of Lincoln, Key, Netherland, Porter of Haywood, Porter of Henry Parker, Staley, Sample, Shelton, Warner, and Wright—24. .
Mr. Hous E, of Williamson, presented a memorial from sundry citizens of Williamson, Maury, and other counties, which was read and referred to the Committee on New Counties and County Lines:
Mr. THOMPSON, of Maury, presented a memorial from sundry citizens of Maury and ‘Marshall counties, which was referred to the Committee on New Counties and County Lines, without being read. .
Mr. WARNER offered the following amendment to the Constitution of this State, which was read and referred to the Committee on
Miscellaneous Provisions: WHEREAs, Article V, of the Constitution of the United States, provides that “The Congress, whenever two-thirds of both Houses shall propose amendments to the Constitution, or on the application of the Legislatures of two-thirds of the several States, shall call a Convention for proposing amendments, which in either case shall be valid, to all intents and purposes, as part of the Constitution, when ratified by the Legislatures of three-fourths of the several States, or by Convention in three fourths thereof, as the one or the other mode of ratification may be proposed by Congress. . . . AND WHEREAs, It is manifest from said Article V that pro
posed amendments ought to be ratified or rejected by Legislatures or Conventions, chosen in the several States by the people thereof, after the Congress or the Convention, as the case may be, have prepared such amendment or amendments, to the several States for ratification.
AND WHEREAs, Amendments have been ratified by Legislatures elected before such amendments were proposed to the several States by Congress, thus preventing the people from having a voice in the election of their Legislatures, with a view of having their wishes and interests regarded in changing or altering the Constitution of the United States; therefore,
Be it resolved, That the following amendment be proposed to the Constitution of this State: “That when any amendment or amendments to the Constitution of the United States shall be proposed to the several States thereof, no Legislature or Convention of this State shall ever ratify such proposed 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.
REPORT OF THE COMMITTEE ON EXECUTIVE DEPARTMENT.
Mr. Jon Es, of Lincoln, Chairman of the Committee on the Executive Department, offered the following report, which was read, laid upon the table, and ordered to be printed:
The Committoe on the Executive Department have had under consideration the several propositions referred to them, and have instructed me to report and recommend the adoption of the following amendment, two-wit:
* In Article III, Section 9, of the Constitution of the State of Tennessee, strike out the words, “And shall state to them when assembled the purposes for which they shall have been convened,” and insert in lieu thereof the words, “In which he shall state to them, specifically, the purposes for which they are to convene,” so that it will read: Article III, Section 9. He may, on extraordinary occasions, convene the General Assembly by proclamation, in which he shall state specifically the purposes for which they are to convene; but they shall enter on no legislative business except that for which they were specifically called together. I am also instructed to report adversely upon all other propositions referred to the Committee. Respectfully submitted. - “. GEORGE W. JONES.