Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1869-10-30

pledged. and seemed agreed.
Mr.. Roach. of Carroll, etc., suggested
that there should not be too much haste in
hurrying through SO important measure.
Mr.. White withdrew his motion.
MIR. Singletary, of Carter, moved to
amend the fourth section by making the
number of delegates to the convention 100
instead of 100, as provided in the bill
Mr. Steele moved to table the amend
ment. Carried.
Mr.. Smith, of Washington, moved to
amend the fourth section by making the
number of delegates %, IN view of the
IMPOVERISHED condition of the treasury.
Tabled. on motion of MIR. James, of
Hamilton.
Mr.. Rhea, of Davidson, moved to amend
the fourth section by making the number
of delegates only twenty-five, and urged
that the number suggested by him would
represent the people as fully and as well as
one hundred or one hundred thousand.
while the expense would be proportionately
less
Mr.. White favored the amendment, on
the score of economy.
MIR. James, of Hamilton, said, as far as
he was concerned, he was willing to take a
part of the interest due the bondholders Of
the State to make a first-rate constitution.
He was opposed to the amendment, and be-
heved that it was more in conformity with
the spirit of the Bill of Rights to have
free representation such as that proposed
in the bill
Mr. Enloe moved to adjourn to 2:30 p.
NJ Agreed to.
Afternoon Session.
The discussion of the Convention bill
was resumed, the motion being on the
adoption of Mr.. Rhea's amendment pro-
posing that % members constitute the Con
YentiOn.
Mr.. Rosson, of Hardeman, moved to lay
the amendment on the table. Carried
ayes, AZ; noes, Is,
Mr.. Rosson offered an amendment that
the convention shall be composed of fifty
delegates, two from each senatorial dis
trict Lost, ayes 81, noes Sc.
The fourth section, providing that the
whole number of delegates to the conven-
ton shall be one hundred, and that each of
the twenty-five senatorial districts shall
each elect one delegate, was then adopted.
Sections five, six, seven and eight were
then adopted.
Section nine. which reads as follows was
taken mp.
Sec. 8. Be it further enacted, That sec
ton three of an act passed Feb. %. 1867,
entitled IAN act to alter and amend an act
passed May ,, 1866, and all other laws re-
curing test oaths, in order to procure GER
tifcates to constitute persons electors, and
to enable them to become candidates for
offices in Tennessee, be and the same are
hereby repealed.
Mr.. Hornberger moved to strike out the
section and insert the following as a sub
stitute:
That sections three and nine OF the act
to alter and amend an act passed May 8,
1866, and all other laws requiring test oaths
in order to procure certificates to constl-
tute persons electors, and enable them to
become candidates for Office, are hereby
declared to have no application to the cleo
ton herein permitted to be held, and no
test oath or certificate shall be required OF
any of the candidates or electors for seat
in said convention.
Mr. Fleming thought the first section OF
the act already adopted was OF such ma
ture as to dispense altogether with the
ninth section. He would therefore move
to strike it out altogether.
Mr.. Steele commended that the section IN
question ought to be passed, as the fran
chise law was simply Legislative enactment
and no part of the constitution. He
moved that MIR. Hornbergers substitute be
laid on the table. Carried.
Mr.. Steele then proposed an amendment
making the section apply not only to can
didates for office, but also to judges and
IL e al
MIR. Roach hoped the Legislature would
not take any rash action in this matter. The
franchise law, he contended, was a consti-
| tutional provision, and this Legislature had
no power whatever to pass the section now
under consideration, which would be an at
| tempt to repeal, by Legislative action, the
provisions of the franchise law.
Mr.. Steele responded in a brief review OF
| how the franchise law was passed and sub
seduently amended, showing that If 1t was
| mart of the constitution the Legislature
| could not have tinkered and amended 1t as
was the case.
Mr.. Roach asked leave to ask a question
| which was. that if the Legislature could
| not repeal a constitutional provision, how
| was it that negro suffrage was now an
| established fact, when the constitution o
| 1871 expressly pIOIlpIISu IL
Mr.. Steele responded that negro suffrage
had never been established III Tennessee
by constitutional provision.
Mr.. Townsend proposed the following a
substitute to the section and 10 al
amendments:
That all laws requiring test oaths to ena
BILE persons to become candidates for office
or requiring Judges and Clerks OF elections
to take said oaths, shall not apply to the
election under this act
| Mr.. James of Hamilton hoped that Mr.
Townsends amendment would be adopted
as it covered the whole ground, and did no
propose to go into the work of repeal.
| Mr. Fleming took the same view.
Mr.. Steele then withdrew his amendment
and Mr.. Townsend's substitute was adopt
ed.
The ninth section as amended was the
adopted.
Sections 10 and / were adopted withou
discussion.
Mr.. Nixon moved az an amendment t
section - that the Convention shall NEE
on the first Monday in February. Lost.
Mr. White proposed the first Monday
January, which was adopted.
Mr.. Walker moved an amendment b
taking from the Governor the power
converting the Convention. Adopted.
Section 70 as amended was then adopted
Mr.. Agee offered as an amendment |
section Is That the constitution wmc
may be agreed upon by said conyentio
shall have no binding effect until 1t sna
have been ratified by majority OF the qua
J | fled voters. and it shall be the duty OF II
Governor upon the adjournment OF sal
| convention to order an election for the ra
} | ification or rejection of the new constltr
ton.
Mr.. Agee supported his amendment in
few remarks.
) Mr.. Sneaker Perkins offered as an amen'
ment that the new constitution shall |
submitted tothe voters OF the state Tor 'he
e ratification or rejection.
q Some discussion followed, after vino
Mr.. Agee agreed to have his amendment
/ amended that the words people OF Il
State" should be substituted for "qualliit
, voters, but subsequently withdrew II
amendment.
Mr. Thomas moved the adoption OF II
> 18th section, which was carried.
Mr. Caldwell, of Weakley, offered Il
d following as a new section
Il See II That the constitution or form
/. government which said convention hi
adopt shall not be of any binding force
efficacy until the same has been submtt'
n to and ratified by the people of the Stat
n in such manner and in such time rs Il
!. convention shall provide. Adopted.
Mr.. james. of Hamilton, offered the ft
r lowing as an additional section, which W
adopted:
p Sec. II. That should any county ha'
e no Commissioner of Registration at Il
e time of said election, or should the Coz
st missioner of Registration fail or refuse
hold said election, then in that event
d Shall be the duty of the Sheriff of su
county to open and hold such election, su
| iect TO the same rules and regulations
, imposed upon Commissioners of Registl
n 4ioT nv +bic act