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..45

Haywood, Seay, Shepard, Shelton, Staley, Stephens, Taylor, Turner,
Walters and Wright-54.

Those voting in the negative are:

Messrs. Branson, Brooks, Finley, Gibson, Hill of Warren, Jones of Lincoln, Martin, Netherland, Parker, Porter of Henry, Sample, Thompson of Davidson Warner, and Williamson-14.

Mr. KENNEDY submitted the following amendment:

Strike out the words “ laws requiring voters to vote in the election precincts in which they may reside,” and insert at end of the 5th line, who shall vote in the district or ward in which they may reside."

Mr. CYPERT moved to lay the amendment on the table, and demanded the yeas and nays on his motion, which were ordered, and the motion to lay on the table sustained.

Yeas...
Nays....

23 Those voting in the affirmative are:

Messrs. Bate, Baxter, Blizard, Branson, Britton, Burkett, Burton, Byrne, Carter, Coffin, Cummings, Cypert, Deaderick, Deavenport, Dibbrell, Dromgoole, Fentress, Finley, Fulkerson, Gibbs, Gibson, Gordon, Henderson, House of Williamson, Iyie, Jones of Lincoln, Key, Kirkpatrick, Kyle, Mabry, McDougal, McNabb, Martin, Meeks, Netherland, Nicholson, Parker, Sample, Seay, Shepard, Staley, Taylor, Walters, Warner and Williamson—45.

Those voting in the negative are :

Messrs. Brandon, Brooks, Brown of Davidson, Brown of Henry, Carroll, Gibson and Madison, Campbell, Chowning, Doherty, Fielder, Gardner, Garner, Gaut, Heiskeil, Hill of Warren, House of Davidson, Robertson and Montgomery, Jones of Giles, Kennedy, Porter of Haywood, Porter of Henry, Shelton, Stephens, Thompson of Davidson, Turner and Wright--23.

Mr. COFFIN submitted the following amendment:

ARTICLE IV.

Section 1. Every man of the age of twenty-one years, being a citizen of the United States, and a citizen of the State twelve months, and of the county wherein he may offer his vote six months next preceding the day of election, shall be a voter, and may be required by law to give to the Judges of election, where he offers to vote, satisfactory evidence that he has paid the poll-tax then due by him, without which his vote cannot be received, and all male citizens, etc., as in report of Committee.

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Mr. FULKERSOŅ moved to amend the amendment by striking out the word “mayand inserting “shall."

Mr. PORTER, of Haywood, moved to lay the amendment on the table.

Mr. COFFIN demanded the yeas and nays, which were ordered, and the motion to lay on the table sustained. Yeas.....

41 Nays...

25 Those voting in the affirmative are:

Messrs. Bate, Baxter, Brandon, Brooks, Brown of Davidson, Burkett, Burton, Campbell, Carter, Chowning, Cummings, Deaderick, Dibbrell, Doherty, Dromgoole, Fielder, Gardner, Garner, Gaut, Gordon, Heiskell, Henderson, House of Williamson, House of Davidson, Robertson and Montgomery, Jones of Giles, Kennedy, Key, Kirkpatrick, McDougal, McNabb, Meeks, Nicholson, Porter of Haywood, Porter of Henry, Seay, Shepard, Shelton, Stephens, Thompson of Davidson, Turner and Wright—41.

Those voting in the negative are :

Messrs. Blizard, Branson, Britton, Brown of Henry, etc., Byrne, Coffin, Cypert, Deavenport, Fentress, Finley, Fulkerson, Gibbs, Gibson, Hill of Warren, Ivie, Kyle, Mabry, Martin, Netherland, Parker, Sample, Staley, Taylor, Walters and Warner—25.

Messrs. JONES, of Lincoln, and WILLIAMSON, were excused by the Convention from voting on the foregoing proposition.

Mr. BURTON moved to amend by striking out the word “man" in the first line and inserting the words “male person.”

Mr. NICHOLSON demanded the previous question, which demand was sustained.

The vote was taken, and Mr. BURTON'S amendment adopted.
Article IV, as amended, reads as follows:

Every male person of the age of tweħty-one years, being a citizen of the United States, and a resident of this State for twelve months, and 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, and there shall be no qualification attached to the right of suffrage, except that each voter shall give to the Judges of election, where he offers to vote, satisfactory evidence that he has paid the poll-taxes for such preceding period as the Legislature shall prescribe, and at such time as may be prescribed by law, without which his vote cannot be received,

and all male citizens of the State shall be subject to the payment of poll-taxes and to the performance of military duty, within such ages as may be prescribed by law; Provided, That the General Assembly shall have power to enact laws requiring voters to vote in the election precincts in which they may reside, and laws to secure the freedom of elections and the purity of the ballot-box.

Mr. JONES, of Lincoln, demanded the yeas and nays on the adoption of the Article as amended, which were ordered, and the Article adopted : Yeas...

56 Nays..

18 Those voting in the affirmative are:

Messrs. Allen, Bate, Baxter, Blizard, Brandon, Britton, Brown of Davidson, Burkett, Burton, Byrne, Coffin, Chowning, Cummings, Cypert, Deaderick, Deavenport, Dibbrelí, Doherty, Dromgoole, Fielder, Fulkerson, Gardner, Garner, Gaut, Gibbs, Gordon, Heiskell, Henderson, Hill of Warren, Hill of Gibson, House of Williamson, House of Davidson, Robertson and Montgomery, Ivie, Jones of Giles, Kennedy, Key, Kirkpatrick, Kyle, McDougal, McNabb, Martin, Morris, Meeks, Netherland, Nicholson, Porter of Haywood, Seay, Shelton, Stephens, Thompson of Davidson, Thompson of Maury, Turner, Warner, Walters, Wright and President Brown-56.

Those voting in the negative are:

Messrs. Arledge, Branson, Brooks, Brown of Henry, etc., Campbell, Carter, Fentress, Finley, Gibson, Jones of Lincoln, Mabry, Parker, Porter of Henry, Sample, Shepard, Staley, Taylor and Williamson-18.

Mr. NICHOLSON moved to reconsider the vote adopting said Article IV, and moved to lay the motion to reconsider on the table, which latter motion was sustained.

The Convention, on motion, adjourned until to-morrow morning at 9 o'clock.

12

:

SATURDAY MORNING, JANUARY 29, 1870.

The Convention met pursuant to adjournment, Mr. President BROWN in the Chair.

Prayer by the Rev. Mr. SAMPLE, a member of this body.
The Journal of yesterday was read and approved.

LEAVE TO VOTE.

Mr. ALLEN asked and obtained leave to record his vote in favor of Article IV, adopted on yesterday.

Mr. THOMPSON, of Maury, was, on his motion, allowed to record his vote in favor of Article IV.

CHANGE OF VOTES.

Mr. McNABB asked and obtained leave to change his vote on Article IV, he having voted in the negative on yesterday.

Mr. WALTERS asked and obtained leave to change his vote on Article IV, he having voted in the negative under a misapprehension.

PROTEST.

Mr. STALEY presented the following protest against the action of the majority in adopting Article IV on yesterday :

“The undersigned having voted against the amendment proposed by a majority of the Committee on Elections and Elective Franchise, avails himself of his right to enter upon the Journal the reasons for his dissent. The majority of said Committee have reported, 'That each voter shall give to the judges of election where he offers to vote, satisfactory evidence that he has paid his poll-taxes then due by him, without which his vote cannot be received. The undersigned is unwilling to aid in placing any restriction of the kind on the exercise of this great and important right for the reasons following:

1. It is a property qualification.

2. Many good men, whose only fault is their poverty, will be deprived of the elective franchise.

3. The poll-tax may be increased to such an extent as to amount to a prohibition of the exercise of this right by many.

4. It will still further corrupt the ballot-box.

5. The tendency of power in this country is to steal continually from the hands of the many into the hands of the few. This clause in the amendment, proposed by the majority, will encourage this tendency, and give to the opulent candidate an advantage over his less fortunate opponent, which he should not have.

It is regretted that the majority of the Committee felt it their duty to insert this clause, for in all other respects the report is unobjectionable, and but for this clause would be cheerfully supported.

W. B. STALEY.

PROTEST.

Mr. GIBSON presented the following protest, which, at his request, was ordered to be spread on the Journal :

The undersigned cannot satisfy their sense of duty to themselves and to their constituents without stating in full the reasons that prompted their vote against the 1st Section of the 4th Article of the Amended Constitution, known as the Franchise Section. That section requires that every voter before he can vote shall produce “ satisfactory evidence" to the judges of election that he has paid his poll-tax. Had it not been for this required prepayment of the poll-tax the undersigned would gladly have voted for said section. Their constituents now vote without any tax restriction, and they cannot consent to impose such restriction upon them; they favor the removal of all restrictions, and not the creation of new ones.

But the undersigned are firm believers in the doctrine that suffrage is a right and not a privilegeas much a right as life, liberty or property- a right not to be limited and not to be restricted except as to age, time and place; and above all, a right not to be bestowed on the rich in preference to the poor. Suffrage is the political means of self-defense, and the disfranchised man is, or soon will be, a slave. Such being their cardinal doctrine, the undersigned would enumerate the following minor reasons for their vote :

1st. The right to restrict the elective franchise implies the right to destroy it.

If one obstacle can be placed between the voter and the ballotbox, the entire road can be closed. If one qualification can be required, so can another, so can many. Is the payment of money a better pre-requisite for voting than is proof of loyalty, or of intelligence or morality ?

2d. The required pre-payment of the poll-tax is an unjust discrimination against the poor man.

What is taxation ? Taxation is the price of protection. But the poor man, having but little property,

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