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said act, have called said Convention and elected delegates to represent them therein.
Mr. NICHOLSON offered the following amendments, which were adopted:
In line 22, after "amending,"insert or, and after “revising,” insert the present Constitution ; after “or "' insert of, so that it will read :
"Amending or revising the present Constitution, or of forming and making a new Constitution.
On motion of Mr. THOMPSON, of Davidson, the Convention adjourned until to-morrow morning, at 10 o'clock.
TUESDAY MORNING JANUARY 18, 1870.
The Convention met pursuant to adjournment, Mr. President BROWN in the Chair.
Prayer by the Rev. Mr. KELLY.
The President announced that the unfinished business of yesterday was the order of the day.
On motion of Mr. Baxter, the order of the day was set aside to permit the introduction of memorials and petitions.
Mr. GARDNER submitted the following amendments to the Constitution of the State, which were read and referred to the Committee on Miscellaneous Provisions :
Resolved, That the Committee on Miscellaneous Provisions be instructed to prepare and report an amendment to section 3, of Article XI, as an addition to said section, in substance as follows:
The Legislature shall have the right, at any time, by law, to submit to the people the question of calling a Convention to alter, reform, or abolish this Constitution ; and when, upon such submission, a majority of the votes cast shall be in favor of said proposition, the delegates shall be chosen, and the Convention shall assemble in such mode and manner as shall be prescribed by law.
Mr. House, of Williamson, offered the following resolution :
Resolved, That the Door-keeper be instructed to purchase two filters for the use of the Convention.
On motion of Mr. House, the rules were suspended, and the resolution was adopted.
Mr. KIRKPATRICK presented a communication in relation to the establishment of the County of Powell, which, without being read, was referred to the Committee on New Counties and County Lines.
Mr. SAMPLE presented a memorial from a large number of the citizens of Grainger, Hawkins, Jefferson, Greene, and Cocke Counties for the establishment of a new County, which was read and referred to the Committee on New Counties and County Lines.
Mr. SAMPLE submitted the following resolution, which was read and referred to the Committee on New Counties and County Lines :
Resolved, That a new County may be formed out of territory to be taken from the Counties of Jefferson, Grainger, Hawkins, Greene and Cocke, to contain not less than 250 square miles, and have in its bounds 1000 qualified voters; and lines of said new County not to approach nearer to the old County seats or Courthouses than ten miles. Provided, The residents of said new County assume their proportionable part of the debts of the Counties from which they are taken.
Mr. WARNER presented a memorial from sundry citizens of Marshall, Williamson and Rutherford Counties, praying for the establishment of a new county and county lines.
REPORT ON THE FRANCHISE.
Mr. NICHOLSON, from the Committee on Elections and the Right of Suffrage, submitted the following:
The Committee on Elections and Right of Suffrage have considered the several propositions referred to them on the subject of the Elective Franchise, and have instructed me to make the following report :
1. A majority of the Committee recommend that the Elective Franchise shall not be withdrawn from the colored men, but that they shall be secured in the continued exercise thereof.
2. A majority of the Committee have rejected the proposition to submit the question of suffrage by colored persons, as an independent proposition, separate and apart from all others.
3. A majority of the Committee recommend that the payment of such poll taxes as may be assessed by law, shall be made a condition precedent to the exercise of the elective franchise.
4. A majority of the Committee recommend that the General Assembly be empowered to pass laws for requiring voters to vote in the election precincts in which they may reside, and to secure the freedom of elections and the purity of the ballot box.
For the purpose of carrying out the conclusions of the Committee, a majority of them recommend that the following be adopted by the Convention, in lieu of Section 1, Article IV, of the present Constitution, viz :
ARTICLE IV. Sec. 1. Every 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 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 the election, where he offers to vote, satisfactory evidence that he has paid the poll taxes then due by him, 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.
On motion of Mr. NICHOLSON, the report of the Committee was laid on the table.
BILL OF RIGHTS FURTHER CONSIDERED.
The Convention proceeded to the consideration of the report of the Committee on Bill of Rights.
Sections 1, 2 and 3 were adopted.
Mr. KIRKPATRICK proposed the following amendment to Section 4:
Except as now provided by Section 3, of the Fourteenth Amendment to the Constitution of the United States."
On motion of Mr. WRIGHT, the amendment of Mr. Kirkpatrick was laid on the table.
Mr. HEISKELL submitted the following amendment to Section 4:
“That no religious test, or any oath relating to conduct prior to the administration thereof, shall ever be required as a condition to the exercise of the right of suffrage, or holding any office or public trust in this State;">
Which was rejected by the Convention.
Mr. House, of Davidson, Robertson and Montgomery, offered the following amendment to Section 6:
“And no political test shall ever be prescribed by the Legislature as a qualification for jurors," so that said section shall read as follows:
The right of trial by jury shall remain inviolate, and no political test shall ever be prescribed by the Legislature as a qualification for jurors.
Mr. TURNER offered the following in lieu of the amendment of Mr. House:
Sec. 6. That the right of trial by jury shall remain in violate, “and no religious or political test shall ever be required as a qualification for jurors.”
Which was accepted by Mr. House.
Mr. GIBSON moved to amend the amendment of Mr. Turner, as follows:
Insert “other than the ordinary juror's oath at Common Law,' between words “test” and “shall."
On motion of Mr. FULKERSON, the amendment of Mr. Gibsun was laid on the table.
Mr. SEAY offered the following amendment in lieu of Mr. Turner's :
Resolved, That Section 6, Article I, be amended so as to read as follows:
That the right of trial by jury shall remain inviolate, and no religious or political test shall ever be required, either directly or indirectly, as a qualification to sit on juries in this State.
On motion of Mr. FULKERSON, the amendment of Mr. Seay was laid on the table.
The amendment of Mr. TURNER was adopted, and the section as amended was adopted by the Convention.
Sections 7 and 8 were adopted without amendment.
Resolved, That Section 9, of the amended Bill of Rights reported by the Committee, be amended by striking out all the words therein printed in italics.
Mr. BROWN, of Davidson, submitted the following additional amendment :
Provided, That the venue shall not be changed in behalf of the State in any instance, until the whole panel of the County shall be exhausted.
Mr. TURNER offered the following in lieu of the pending amendments :
Inserting after the word offense, “Provided, That the State shall not change the venue unless a panel of two-thirds of the qualified jurors of the county has been exhausted, nor shall the venue be changed to any other than an adjoining county.”
On motion of Mr. BAXTER, all of the pending amendments, except the motion to strike out, were laid on the table.
Mr. GARDNER offered the following amendment:
Strike out in the 5th and 6th lines the words, " for a good cause to another;" and insert" because an impartial jury cannot be empanneled in the county where the offender is arraigned, to an adjoining;" and strike out the words “ or district," in the 6th line. The section will then read “Unless the venue shall be changed, because after an actual and honest effort to make one, an impartial jury can not be empanneled in the county where the offender is arraigned, to an adjoining county, in the mode to be prescribed by a general public law, passed before the alleged commission of the offense.