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Mr. KIRKPATRICK submitted the following amendment to Mr. Gardner's amendment:
“ To the nearest county free from like objection.”
On motion of Mr. BLIZARD, the amendments were laid on the table.
Mr. KENNEDY demanded the previous question, which was sustained.
Mr. THOMPSON, of Davidson, submitted the following, which was read for information :
Be it resolved, That Section 9, of the Bill of Rights, be amended by adding the following:
But where the offense shall have been committed within one. fourth of a mile of a county line, the trial may be had either in the county where it was committed, or in the county nearest to the place where the offense was committed.
The question recurring on Mr. BURTON's proposition to strike out,
Mr. BURTON demanded the yeas and nays, which were ordered, and the resolution to strike out sustained.
Those voting in the affirmative were:
Messrs. Allen, Brown of Davidson, Branson, Burton, Cummings, Campbell, Carter, Dibbrell, Deavenport, Deaderick, Dromgoole, Finley, Fentress, Fielder, Gibson, Gibbs, Gordon, Garner, Hill of Warren, Hill of Gibson, Heiskell, House of Davidson, Robertson and Montgomery, Jones of Lincoln, Kennedy, Kyle, Mabry, Meeks, Netherland, Porter of Henry, Parker, Seay, Shepard, Stephens, Shelton, Thompson of Davidson, Thompson of Maury, Taylor, Wright, Williamson and Warner-39.
Those voting in the negative were :
Messrs. Arledge, Burkett, Baxter, Britton, Brooks, Byrne, Blizard, Brandon, Bate, Coffin, Chowning, Cypert, Doherty, Fulkerson, Gaut, Gardner. Henderson, House of Williamson, Ivie, Jones of Giles, Kirkpatrick, Key, Martin, Morris, McDougal, McNabb, Nicholson, Porter of Haywood, Sample and Turner-30.
On motion of Mr. HEISKELL the words “or Districts” stricken out, and the 9th Section, as thus amended, was adopted by the Convention.
On motion of Mr. FENTRESS, the Convention adjourned until tomorrow morning at 10 o'clock.
WEDNESDAY MORNING, JANUARY 19, 1870.
The Convention met pursuant to adjournment, Mr. President BROWN in the Chair.
Prayer by the Rev. Dr. MOORE.
The roll was called for memorials and petitions, when Mr. KYLE submitted the following resolutions, which were read and referred to the Committee on the Judiciary:
Resolved, That the Judiciary Committee inquire into and make such alterations or amendments to our existing State Constitution so as to provide for the election of only one Justice of the Peace in each Civil District in the various Counties of the State, except the Town Districts, where there shall be two.
2. That the said Committee be directed to inquire into the propriety of so reorganizing our present County Court system, as to increase their jurisdiction over all misdemeanors, and of making petit larceny a misdemeanor; and in default of the payment of fines and costs, the said Court shall have power to force payment either in a County work-house or public roads of the County.
3. That each County Court in the State shall have the power to elect a Prosecuting Attorney, whose duty it shall be to prosecute all misdemeanors, receiving the fees now fixed, or that may hereafter be fixed by law.
That the fees of Magistrates be increased.
Mr. WARNER submitted the following resolutions, which were read and referred to the Committee on New Counties and County Lines :
Resolved, That the Committee on New Counties and County Lines inquire into the propriety of establishing a new County out of the North part of Marshall, North-west part of Bedford, Southwest part of Rutherford, South part of Williamson, and East part of Maury, to consist of an area of not less than two or three hundred square miles, and containing a voting population of not less than eight hundred or one thousand.
Resolved further, That in forming said new County, the line (ar lines shall not run nearer the County sites of the old Counties than
ten miles, and that neither one of the old Counties mentioned shall be reduced in area less than three hundred square niiles.
Resolved further, That this shall be left to the qualified voters living within the fractions out of which the new County is to be formed, whether or not they want or will have said new County, and if a majority of the voters contained therein vote for the same, then the same may be established.
Resolved, That the said Committee also inquire into the propriety of taking off from the County of Giles, on the North part adjoining Marshall County, fifty square miles, and adding the same to said Marshall: Provided, however, That a majority of the qualified voters in said fraction shall vote in favor of the same.
Resolved further, That in taking off said fraction the line shall not run nearer the County site of Giles County than ten miles, and the area of said County of Giles shall not be reduced to less than five hundred square miles.
Resolved further, That as soon as this Constitution is adopted, the Legislature shall fix the time and place, and prescribe the manner of voting, consistent with the above, for the new County or against it, and for the fraction of Giles to come to Marshall or against it.
Resolved further, That as soon as the vote has been taken, as above specified, if a majority of the various fractions shall vote for a new County, if a new County can be had according to the aforesaid specifications, then the lines may be run and the County laid off and established; and if the majority of the fraction from Giles shall vote to come into Marshall, then the line shall be run in accordance with the rules or lines above specified, and if in accordance therewith the same can be done, then the same shall be a part of Marshall.
MINORITY REPORT ON THE ELECTIVE FRANCHISE,
Mr. FENTRESS, from the Minority of the Committee on Elections and Franchise, made the following report, which was read, and 150 copies of it and the Report of the Majority ordered to be printed :
We, the undersigned, members of the Committee on Elective Franchise, beg leave to submit the following report, to-wit:
We cannot concur with the Majority of the Committee in drawing a black line across the word “white" in the Constitution of Tennessee, and in their action, refusing to submit the question of negro suffrage to be voted upon as a separate proposition by the people.
We hold that the negro race is the lowest order of human beings, incapable in themselves of a virtuous, intelligent or free government; and for the truth of this, we appeal to history, and challenge the world to show a single exception.
We hold that the inferiority of the negro to the white man, in race, color and capacity for permanent, well-ordered government, has been fixed by Him, who“ doeth all things well," and whose natural or revealed law has never been violated by any human government without disaster and confusion. The proud Castilian violated this natural law, when, instead of recognizing in the body politic, the distinction which God had made between him and the Aztec, the Indian and the negro, he made them politically equal, and swift destruction came upon him, insomuch that his pure blood cannot now be traced in the mongrel, miscegenating horde, who, by never-ceasing revolution and civil strife, desolate the rich and beautiful lands of Mexico.
We hold that the elective franchise is the highest crowning right which can be held by a freeman ; the which, when a man shall be legally entitled to enjoy, there doth necessarily follow those incidentals—the right to sit on juries, to hold office, and what is more terrible to contemplate) the right to social equality and intermarriage.
We hold that this Convention should not be moved by fear of arbitrary power, to shut their eyes to the light of experience, and falling in with the fanaticism of the hour, deny the truth, and blindly rush, in defiance of the natural law of God, to the confusion of our race, and destruction of the government our fathers left us.
We hold that the people of Tennessee have the right to consider this tremendous question for themselves, as a separate, distinct proposition, as the people of New York, Ohio, Michigan, Minnesota, Colorado, Kansas, Missouri and Connecticut, have lately done; and, having considered it in all its bearings, to decide it for themselves, free from the incumbrance of any other questions; and that any attempt by this Convention to prevent a fair expression of their will, by refusing to allow the people to vote upon it as a separate question, will be a gross violation of the rights of the people, and of the principles of republican and democratic government; especially so in this case, because no expression of the will of the people, or ger", eral discussion upon it was had, pending the election, in a largo majority of the Districts, represented by Delegates in this Convention; and, in a great many, the question was not even mentioned; and deliberate discussion was impossible in the brief time between the call of the Convention and election of Delegates; therefore,
In behalf of the people of Tennessee, and in view of the fact that no Convention of any State in the United States has refused to submit this question as a separate proposition back to the people, and following the precedent of the States above mentioned, and in order that due discussion and deliberation, and the light of events which may transpire between the adjournment of this Convention
and the time fixed for the vote of the people, may be had; having also the utmost confidence that when said subject has been discussed, deliberated upon and weighed, the people will do right. It is recommended that this Convention adopt the following, to-wit :
That on the day of —, A. D. 18—, the polls shall be opened at the respective voting places in each County in this State, by the proper officers; and those who are in favor of extending the right of suffrage to the negro equally with the white man, shall have printed or written on their ballots, “negro suffrage,” and those who are opposed to the negro being allowed equally with the white man the right of the elective franchise, shall have written or printed on their ballots, “white suffrage," and in case a majority of the qualified electors vote in said election “negro suffrage," then the word “white" in the first line of Article IV, Section 1, of the Constitution of Tennessee, shall be stricken out; but if a majority of said electors shall vote " white suffrage," then said section shall read as follows, to-wit: “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, six 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." Respectfully submitted,
REPORT OF COMMITTEE ON PRINTING.
Mr. GARNER, from the Committee on Printing, made the following report :
The Committee on Printing have had under consideration the resolution offered by Mr. Thompson, of Maury, relative to the printing of stenographic reports of the proceedings of this Convention, and have instructed me to report the following resolution, and recommend its adoption, viz.:
Resolved, That the Committee on Printing be authorized to contract with the Public Printers of this State, Jones, Purvis & Co., (Proprietors of the Union and American and Republican Banner) for stenographic reports of the proceedings and debates of this Body, and for the printing and binding of 2000 copies of said reports, in one volume, to be as well done as Caldwell's Reports of the Deoisions of the Supreme Court of Tennessee. All to be done under the supervision of said Committee, and the prices for the printing to be those fixed by law. Respectfully submitted,
JOHN E. GARNER, Chairman.