Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1870-02-05
THE CONVENTION.
TwENTY-THIRD DAY.

TWENTE-TEIRD DAY.
FRIDAY, Feb. A, 1S7O.-The Conyen-
vention met at $50 o'clock A. NJ, Presi-
dent Brown in the chair. Prayer by Rev.
Mr.. Sample, after which the journal was
read and approved.
NEW COUNTIES.
Several petitions were received in re-
gard to the formation of new counties, and
were referred to the proper committee.
AMENDING THE CONSTITUTION.
Mr.. Sample offered the following,
which was referred to the Committee on
Miscellaneous Subjects:
Resolved, That the Legislature shall
have the powers after the ratification of
this Constitution, every eight years there
after, to offer to the people an amend
ment to the Constitution, and, after due
notice, if the people by majority of the
popular vote ratify said amendment, then
it shall become part of the organic law
of the State, and the Governor shall de-
clare the same by proclamation.
THE PREVIOUS QUESTION.
Mr.. Brown, of Davidson, introduced
the following, which lays over under the
rules:
Resolved, That the rule of this Conven-
ton authorizing the previous question be
and the same is hereby repealed, and no
member who speaks upon a pending
question shall be allowed at the close of
his speech to make a motion to Law on the
table.
SALARY.
Mr.. Brooks offered the following:
Resolved, That the salary Of the SUI
preme Court Judges be $4,000 per an
mum.
Be it further resolved, That the salar les
of the Judges of the Circuit and Chancery
Courts shall be $4,000 per annum. Re-
ferred to the Judiciary Committee.
MISCELLANEOUS.
The Chairman of the Committee on
Miscellaneous Subjects made the follow
ing report:
The Committee on Miscellaneous Pro-
visions 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.
Sec.-''The General Assembly shall
have power to enact laws for the protec-
ton and preservation of game and fish
within the State, and such laws may be
enacted for and enforced In particular
counties or geographical districts 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
Jan. !, 1870 for all taxes or other dues
to the State: Provided, that this section
shall not apply during rebellion or invas-
ion of the State"
THE JUDICIARY.
The Convention proceeded TO the con-
sideration of the majority report of the
Judiciary Committee, taking up the pro
position in lieu of section IS, offered by
Mr.. Jones, of Lincoln, and which reads
as follows:
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 10 DE nelQ-
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 Circuit Courts and Clerks of
such inferior courts as may be hereafter
established may be elected, each for the
term of five years, by the qualified voters
of the respective counties in and for
which such courts shall be required to be
held.
The Clerks provided for in this section
shall be removed from office for malfeas-
ance, incompctency or neglect of duty, in
such manner as may be prescribed by
law.
Mr.. Morris Offered an amendment
changing the term of office of Clerks of
the Supreme Court from six to eight
years. Rejected.
The question of election or appoint
ment of clerks now came up, having
been recOnsidered on motion of Mr.. Ste
phens.
Mr.. HeisIkell spoke strongly in favor
of leaving Clerks of the Supreme Court
and Clerks and Masters of the Chancery
Courts to be appointed by the Judges of
the respective courts.
Mr.. Stephens thought by making these
officers elective by the people, they would
get better men. If the clerks were made
by the people they would be more respect
full, industrious and prompt in their bust
ness. Under the present system clerk
ship was life estate-he wanted to have
those offices cleared out once in six or
eight years.
Mr.. Morris expressed views similar to
those of Mr.. Stephens. He felt satisfied
that election by the people would be
more satisfactory to nearly all concerned.
Mr.. Kennedy wanted to know who
had asked for this change. As for HIM
self he was unwilling to make any inno-
vations except those which seemed to be
demanded. He thought, perhaps, local
prejudice might influence members
doubtless they had some particular clerks
in view.
Mr.. Fentress favored the election OF
clerks by the people on principle. Such
officers ought to be directly responsible to
the people.
Mr.. Brown, of Davidson, didn't wish
to make any innovations except those
which were clearly necessary. These
clerks had been appointed heretofore by
the Judges, and in the main the selection;
| had been good.
Mr.. Campbell and Mr. Netherland spoke
in favor of the present system of appoint
ing clerks by the Judges.
Mr.. Morris offered the following amend
ment: Strike out of lines two and three
of section Is, the words, ''Chancellors III
| Courts of Chancery shall be established
shall appoint their Clerks and Masters
who shall hold their office for a period o
| six years, " and insert in lieu thereof, ''ThC
| Clerks and Masters of the Chanccry Court
shall be elected by the qualified voters OF
| the county or counties for which Chan
Gerry Court is held, and shall hold thei
offices for eight years. Clerks of the Cir
cult Courts shall be elected by the quail
fed voters of the respective counties TO
which Circuit Courts are held, and shal
hold their office for eight years"
On motion, the term of office was mad
six, instead of eight years, after which tn
amendment was adopted.
The original section TO which the abov
was Offered as an amendment reads as fol
lows:
Sec. 10. Judges of the Supreme COuI
shall appoint their Clerks, who shall hol
their offices for six years. Chanccllors G
Courts of Chancery shall be established
shall appoint their Clerks and Masters
who shall hold their offices for perio
of six years. Clerks of such inferic
courts as may be hereafter established
which shall be required to be holden in Ii
respective counties of this State, shall |
| nlnctnh hr the nnalifir1 vntcrs thereof fl