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Sample, Stephens, Taylor, Walters, Warner, Williamson and Wright-37.

Those voting in the negative are:

Messrs. Bate, Baxter, Brandon, Brown of Davidson, Byrne, Campbell, Carter, Deaderick, Dromgoole, Fentress, Gardner, Gaut, Gordon, Heiskell, Henderson, House of Williamson, House of Montgomery, etc., Ivie, Jones of Giles, Kennedy, Key, Kirkpatrick, Kyle, Martin, Netherland, Nicholson, Porter of Haywood, Porter of Henry, Seay, Shepard, Shelton, Staley, Thompson of Davidson, and Turner-34.

Mr. BAXTER moved to amend by striking out the word “five” and inserting the word “three,” in the sixth line.

Mr. CAMPBELL moved to amend by striking out the word “five" and inserting "nine," in the sixth line, Section 3.

Mr. JONES, of Lincoln, demanded a division of the question, which was ordered, and a vote taken on the motion to strike out.

Mr. BAXTER demanded the yeas and nays, which were ordered, and the motion to strike out failed.

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Yeas.....
Nays.....

..17 54

Those voting in the affirmative are:

Messrs. Baxter, Blackburn, Branson, Brandon, Britton, Campbell, Carter, Deaderick, Finley, Fulkerson, Gibson, Hill of Warren, Mabry, Nicholson, Porter of Henry, Thompson of Davidson, and Wright-17.

Those voting in the negative are:

Messrs. Arledge, Bate, Blizard, Brooks, Brown of Davidson, Brown of Henry, etc., Burkett, Burton, Byrne, Chowning, Coffin, Cummings, Cypert, Deavenport, Dibbrell, Doherty, Dromgoole, Fentress, Fielder, Gardner, Garner, Gaut, Gibbs, Gordon, Heiskell, Henderson, Hill of Gibson, House of Williamson, House of Montgomery, etc., Ivie, Jones of Lincoln, Jones of Giles, Kennedy, Key, Kirkpatrick, Kyle, McDougal, McNabb, Martin, Morris, Meeks, Netherland, Porter of Haywood, Sample, Seay, Shepard, Shelton, Staley, Stephens, Taylor, Turner, Warner and Williamson -54. . Section 3, as thus amended, was adopted by the Convention.

Mr. JONES, of Lincoln, moved to reconsider the vote adopting Section 3, and further moved to lay the motion to reconsider on the table, which latter motion was adopted.

ten

Mr. MABRY moved to amend Section 4, by inserting after the word “years” in the fourth line, “or a native born citizen of the State.

Mr. Taylor moved to amend by striking out the word in the fourth line, and inserting “eight.” It will then read, “ His term of service shall be eight years.”.

Mr. BATE proposed to amend by striking out all after the word age

" in the third line. On motion of Mr. BLACKBURN, the Convention adjourned until 9 o'clock to-morrow morning.

THURSDAY MORNING, FEBRUARY 3, 1870

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

Prayer by the Rev. Mr. MOONEY.
The Journal of yesterday was read and approved.
The roll was called for Memorials and Petitions.

SPECIAL REPORT ON COMMON SCHOOLS.

Mr. GORDON, from the Special Committee on Common Schools, made the following report :

The Committee on Common Schools have had under consideration sundry resolutions in reference to the application of the proceeds of the poll-tax, from year to year, for the use of free schools in this State, and have unanimously agreed to submit to the consideration of the Convention the following report :

Resolved, That Section 10, Article XI, of the present Constitution be amended by striking out all after the word “end” in the

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fifth line, and inserting: It shall be the duty of the General Assemblg to provide for the establishment and maintenance of free schools for the gratuitous instruction of all the children of the State between the ages of

and

years. And the ordinary tax assessed on polls, under the provisions of this Constitution, with such other of the revenue of the State as the General Assembly may from time to to time set apart therefor, shall never be applied to other than educational purposes.

B. GORDON, Chairman.

On motion of Mr. PORTER, of Haywood, it was ordered that the report be laid on the table, and 100 copies printed for the use of the Convention.

REPORT ON THE JUDICIARY FURTHER CONSIDERED.

66

The Convention proceeded to the consideration of the unfinished business of yesterday, the report of the majority of the Judiciary Committee.

The amendment of Mr. TAYLOR to Section 4, to strike out "ten" and insert “eight” years, was adopted.

Mr. MABRY withdrew his amendment.

Mr. BROOKS moved to reconsider the vote by which Mr. Taylor's amendment was adopted.

Mr. GIBSON gave notice that if the motion to reconsider was sustained, that he should move to amend by striking out eight years” in the 4th line, and insert “ six years."

Mr. TAYLOR moved to lay the motion to reconsider on the table.

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

61 Nays.....

9 Those voting in the affirmative are:

Messrs. Bate, Baxter, Blizard, Britton, Brown of Davidson, Brown of Henry, etc., Burkett, Burton, Byrne, Campbell, Carter, Coffin, Cummings, Deaderick, Deavenport, Dibbrell, Doherty, Dromgoole, Fentress, Fielder, Finley, Gardner, Garner, Gaut, Gibbs, Gordon, Heiskell, Henderson, Hill of Warren, Hill of Gibson, House of Williamson, House of Montgomery, etc., Ivie, Jones of Lincoln, Jones of Giles, Kennedy, Key, Kirkpatrick, Kyle, Mabry, McDougal, McNabb, Martin, Morris, Meeks, Netherland, Nicholson, Porter of Haywood, Porter of Henry, Seay, Shepard,

Shelton, Staley, Stephens, Taylor, Thompson of Davidson, Thompson of Maury, Turner, Walters, Warner, Williamson and Wright

61.

Nays..

Those voting in the negative are:

Messrs. Branson, Brandon, Brooks, Chowning, Cypert, Fulkerson, Gibson, Parker and Sample--9.

Mr. BAXTER moved to amend by striking out the word “five” in the fourth line, and inserting “three." Mr.

moved to lay the motion of Mr. Baxter on the table. Mr. GIBSON demanded the yeas and nays, which were ordered, and the motion to lay on the table sustained. Yeas....

..53

.19 Those voting in the affirmative are:

Messrs. Arledge, Bate, Blizard, Brandon, Brooks, Brown of Davidson, Brown of Henry, etc., Burkett, Burton, Byrne, Campbell, Chowning, Cummings, Cypert, Deavenport, Dibbrell, Doherty, Dromgoole, Fentress, Fielder, Fulkerson, Gardner, Garner, Gaut, Gibbs, Henderson, Hill of Gibson, House of Williamson, Ivie, Jones of Lincoln, Jones of Giles, Kennedy, Kyle, McDougal, McNabb, Morris, Meeks, Martin, Netherland, Porter of Henry, Seay, Shepard, Shelton, Staley, Stephens, Taylor, Thompson of Davidson, Thompson of Maury, Turner, Walters, Warner, Williamson and Wright-53.

Those voting in the negative are:

Messrs. Blackburn, Baxter, Branson, Britton, Carter, Coffin, Finley, Gibson, Gordon, Heiskell, Hill of Warren, House of Montgomery, etc., Key, Kirkpatrick, Mabry, Nicholson, Parker, Porter of Haywood and Sample-19.

Mr. BURKETT offered the following:

Resolved, That in lieu of Article VI, Section 4, as reported by the majority of the Committee on the Judiciary, the following be adopted, viz:

ARTICLE VI.

Sec. 4. The Judges of the Circuit and Chancery Courts, and of other inferior courts of the State, shall be elected by the qualified voters of the district or circuit to which they are to be assigned. Every Judge of said court shall be thirty-five years of age, and shall, before his election, have practiced as an Attorney-at Law or Solicitor in Chancery ten years, in the courts of this State, before he shall be eligible to such office, and shall have resided in such district or circuit one year immediately preceding such election. His term of office shall be eight years.

On motion of Mr. BAXTER, the amendment was laid on the table.

Mr. MARTIN offered the following amendment :

Insert after the word “years” in the fourth line, “and shall have been a resident of the State five years, and of the circuit or district one year before his election.”

Which was adopted by the Convention.
Section 4, as amended, was adopted by the Convention.

Mr. GARNER moved to reconsider the vote adopting Section 4, and further moved to lay the motion to reconsider on the table, which latter motion was adopted.

Mr. TURNER proposed the following in lieu of the two first lines of Section 5 :

An Attorney General and Reporter for the State shall be elected by the qualified voters of the State, and shall hold his office for eight years.

Mr. HEISKELL moved to lay the amendment on the table.

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

..59 Nays......

.14 Those voting in the affirmative are:

Messrs. Arledge, Burkett, Blackburn, Brown of Davidson, Baxter, Britton, Brooks, Byrne, Blizard, Burton, Brown of Henry, etc., Bate, Cummings, Coffin, Campbell, Chowning, Cypert, Carter, Deaderick, Doherty, Dromgoole, Finley, Fulkerson, Fentress, Gaut, Gardner, Gordon, Henderson, Hill of Gibson, Heiskell

, House of Williamson, House of Montgomery, etc., Ivie, Jones of Lincoln, Jones of Giles, Kirkpatrick, Key, Kennedy, Kyle, Martin, Mabry, Morris, Meeks, McDougal, McNabb, Netherland, Nicholson, Porter of Haywood, Porter of Henry, Shepard, Stephens, Staley, Shelton, Thompson of Davidson, Thompson of Maury, Taylor, Wright, Williamson and Walters-59.

Those voting in the negative are :

Messrs. Branson, Brandon, Dibbrell, Deavenport, Fielder, Gibson, Gibbs, Garner, Hill of Warren, Parker, Seay, Sample, Turner and Warner--14.

On motion of Mr. JONES, of Lincoln, the section was amended by striking out the word “twelve” and inserting “ eight” in the second line.

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