« 上一頁繼續 »
A vote was taken on Mr. PORTER'S (of Haywood) motion to strike out the 6th Section, and it was rejected.
Section 6, as amended, was again adopted by the Convention.
Mr. KENNEDY moved to reconsider the vote adopting Section 6, and further moved to lay the motion to reconsider on the table.
Which latter motion was adopted.
Mr. HOUSE, of Montgomery, etc., offered the following amendment to Section 7 :
The salary of a Supreme Judge shall not be less than forty-five hundred dollars per annum, and that of a Chuncellor or Circuit Judge not less than three thousand dollars per annum.
Mr. SAMPLE offered the following amendment to Mr. House's amendment:
“ That the salaries of the Judges be left with the Legislature.
Section 7, as recommended by the Committee was adopted by the Convention.
Section 8, was taken up, when Mr. TAYLOR proposed the following amendment:
Amend Section 8, by adding after “ Legislature” in second line the following: “And their organization shall be uniform throughout the State."
Mr. TAYLOR subsequently withdrew his amendment.
Section 8, as recommended by the Committee, was adopted by the Convention.
Section 9, as reported by the Committee was adopted by the Convention.
Mr. HILL, of Gibson, offered the following in lieu of Section 10:
The Judges, Chancellors or Justices of the inferior courts of Law and Equity shall have power in all civil cases, to issue writs of certiorari to remove any cause or the transcript of the record thereof, from any inferior jurisdiction into such Courts of Law, on sufficient cause supported by oath or affirmation.
Which was adopted in lieu, and the Section as thus amended was adopted by the Convention.
Sections 11 and 12, were adopted as recommended by the Committee without amendment.
Mr. STEPHENS move to reconsider the vote adopting his amendment to Section 13 on Tuesday last. Mr. JONES, of Lincoln, demanded the
nays, which were ordered, and the motion to reconsider was adopted : Yeas...
34 Those voting in the affirmative are:
Messrs. Bate, Baxter, Brandon, Brown of Davidson, Brown of Henry, etc., Burton, Campbell, Carter, Deaderick, Fentress, Gardner, Garner, Gibbs, Gordon, Heiskell, Henderson, Hill of Gibson, House of Williamson, House of Montgomery, etc., Jones of Giles, Kennedy, Key, Kirkpatrick, Kyle, Martin, Netherland, Nicholson, Seay, Shepard, Shelton, Staley, Stephens, Taylor, Thompson of Davidson, Thompson of Maury, Turner and Williamson-37.
Those voting in the negative are:
Messrs. Allen, Arledge, Blizard, Branson, Britton, Brooks, Burkett, Byrne, Chowning, Coffin, Cummings, Cypert, Dibbrell, Doherty, Dromgoole, Fielder, Finley, Gaut, đibson, Hill of Warren, Ivie, Jones of Lincoln, Mabry, McDougal, McNabb, Morris, Meeks, Parker, Porter of Haywood, Porter of Henry, Sample, Walters, Warner, and Wright-34.
Mr. JONES, of Lincoln, offered the following in lieu of Section 13:
Clerks of the Supreme Court shall be elected, each for the term of six years, by the qualified voters of the respective grand divisions of the State, in which said Court is required to be held.
Clerks and Masters of the Chancery Courts shall be elected, each for the term of six years, by the qualified voters of the respective counties, districts or divisions in which such Courts shall be required to be held.
Clerks of the Circuit Courts, and Clerks of such inferior courts as may be hereafter established, shall be elected, each for the term of four years, by the qualified voters of the respective counties in and for which said Courts shall be required to be held.
The Clerks provided for in this Section shall be removed from office for malfeasance, incompetency, or neglect of duty, in such manner as may be prescribed by law.
The consideration of said amendment was posponed until to
VISIT OF RESPECT TO MRS.. POLK.
Mr. Burton offered the following resolution, which was adopted by the Convention :
Resolved, That a committee of three be appointed to wait on Mrs. POLK, the late widow of President JAMES K. POLK, and ascertain when it would suit her convenience to receive a visit of respect from this body.
On motion of Mr. JONES, of Lincoln, the Convention adjourned until to-morrow at 9 o'clock, A. M.
FRIDAY MORNING, FEBRUARY 4, 1870.
The Convention met pursuant to adjournment, Mr. President
Prayer by the Rev. Mr. SAMPLE, a member of the Convention.
Mr. DEADERICK presented a memorial from sundry citizens of Roane, Monroe and Blount counties, praying the creation of a new county out of portions of said counties, which, without being read, was referred to the Committee on New Counties and County Lines.
Mr. TAYLOR presented a memorial from citizens of the counties of Henderson, Madison, McNairy and Hardeman, praying the creation of a new county out of portions of said counties, which, without being read, was referred to the Committee on New Counties and County Lines.
Mr. SAMPLE offered the following resolution, which was read and referred to the Committee on Miscellaneous Provisions :
Resolved, That the Legislature shall have power, after the ratification of this Constitution, every eight years thereafter, to offer to the people an amendment to the Constitution, and after due notice if the people by a majority of the popular vote, ratify the said
amendment then, it shall become a part of the organic law of the State, and the Governor shall declare the same by proclamation.
Mr. BROOKS offered the following resolution, which was read and referred to the Committee on the Judiciary:
Resolved, That the salary of the Supreme Court Judges be three thousand dollars per annum.
Be it further resolved, That the Judges of the Circuit and Chancery Courts shall receive a salary of two thousand dollars per annum.
CHANGE OF RULES,
Mr. Brown, of Davidson, offered the following resolution :
Resolved, That the rule of this Convention authorizing the Previous Question, be and the same is repealed, and no member who speaks upon a pending question shall be allowed at the close of his speech to make a motion to lay on the table.
Mr. BROWN moved to suspend the rules and take up the resolution, which motion was rejected and the resolution lies over under the rule.
REPORT ON MISCELLANEOUS BUSINESS.
Mr. TURNER, from the Committee on Miscellaneous Provisions, made the following report: MR. PRESIDENT :
The Committee on Miscellaneous Provisions having had under consideration several subjects beg leave to submit for the consideration of the Convention the two following Sections as amendments to the Constitution.
Section “The General Assembly shall have power to enact laws for the protection and preservation of game and fish within the State, and such laws may be enacted for, and applied and enforced, in particular counties or geographical districts designated by the General Assembly.”
Sec. “ The due coupons of the Bonds of the State, legally issued, and all Treasury Warrants shall be received at par after January 1, 1871, for all taxes or other dues to the State ; Provided, that this Section shall not apply during a rebellion or invasion of the State.” All of which is respectfully submitted,
JAMES J. TURNER,
Chairman. On motion of Mr. TAYLOR it was ordered that the report be laid on the table, and 100 copies printed for the use of the Convention,
COMMITTEE TO WAIT ON MRS. POLK,
The President announced the following Committee to wait on Mrs. Polk, in accordance with Mr. BURTON's resolution :
Messrs. Burton, Netherland and Campbell.
LEAVE OF ABSENCE.
Mr. NETHERLAND asked and obtained leave of absence for Mr Martin, on account of sickness.
REPORT ON JUDICIARY FURTHER CONSIDERED,
The Convention resumed the consideration of the unfinished business of yesterday.
Mr. MORRIS offered the following amendment:
Section 13. Judges of the Supreme Courts shall appoint their clerks, who shall hold their offices for eight years.
Which was rejected by the Convention.
Strike out of lines 2 and 3, of Section 13, the words “Chancellors (if Chancery Courts shall be established,) shall appoint their Clerks and Masters, who shall hold their offices for the period of six years," and insert in lieu thereof, “The Clerks and Masters of the Chancery Courts shall be elected by the qualified voters of the county or counties or districts for which a Chancery Court is held, and shall hold their offices for eight years. Clerks of the Circuit Courts shall be elected by the qualified voters of the respective counties for which Circuit Courts are held, and shall hold their offices for eight years."
Mr. SAMPLE moved to amend the amendment of Mr. Morris by striking out the word “ eight” and inserting “six.”
Mr. BLIZARD demanded the previous question, which demand was sustained.
Mr. SAMPLE'S amendment to Mr. Morris' amendment was adopted.
Mr. MORRIS demanded the yeas and nays on the adoption of his