Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1870-01-20

NASHVILLE, Wednesday, Jan. 10, 1870
The Convention met at 10 O'Clock A. n
Prayer by the Rev. DR.. Moore.
The journal OF yesterday was read an,
approved.
The Without objection tn
roll will be called for petitions and reso
lUtions.
JUSTICES OF TIE PEACE
MIR. Kyle submitted the following:
Resolved, That the Judiciary Commit
tee inquire into and make such alteration
or amendments to our existing State Con
stitution, so as to provide for the election
OF only one Justice of the Peace in eacl
civil district in the various counties OF
the State except town districts where
there shall be two.
| Resolved, That the said committee be
directed to inquire into the propriety OF
so recognizing our present County Court
system as to increase their jurisdiction
over all misdemeanors, and of making
petit larceny a misdemeanor, and in de-
fault OF the payment of fines and costs
the said court shall have power to force
payment either in a county workhouse or
public roads of the county.
3. That each County Court in the
State shall have the power to elect a
Prosecuting Attorney, whose duty it
shall be to prosecute all misdemeanors,
receiving the fees now fixed, or that may
hereafter be fixed by law; that the fees of
Magistrates be increased.
A NEW COUNTY.
Mr.. Warner offered resolution that
| Nav,,r y i
County Lines, inquire into the propriety
of establishing new county out of the
| north part of Marshall, northwest part of
Bedford, southwest part of Rutherford,
south part of Williamson and east part of
Maury, to consist of an area of not less
than 200 or 800 square miles, and con-
tanning voting population of not less
than 800 or 1000.
Mr.. Warner offer that resolution in
consequence of the situation of a
large number of citizens who oc-
cupy the extreme portions of these
counties, in order that they may transact
the public business at their county seat
in the time of winter, when the roads are
bad, and may not thereby be kept long
absent from their families. A portion of
the counties of Williamson, Rutherford
and Bedford are a long way from their
county seats, and the people, in time of
winter when the roads are bad, often
have 10 remain at the county seats at ex-
penses greater than they receive. 4 por-
ton also of the people of Giles county
are placed at a distance of twenty miles
from their county seat. The resolution
does not add single iota to the expenses
of the State. II can be no damage and
no expense to the State. 1t can be no in
jury to the counties. Therefore, as it can
not be of any damage, and viii be ofgreat
advantage to the citizens of these localities,
| offer this resolution. It only gives the
privilege to kthose free citizens who are
thus damaged to vote upon thepropOsition
to form new county, etc.
The resolution was referred to the Com
mittcc on New Counties and County
Lines.
Mr.. Fentress in behalf of the minority:
MINORITY REPORT OF THE COMMITTEE on
ELECTIONS AND ELECTIVE FRANCHISE.
We, the undersigned, members of the
Committee on Elective Franchise, beg
leave 10 SUBMIT the following report, to-
wit:
We cannot concur with the majority of
the committee in drawing a black line
across the word "white' in the COnstitu-
ton of Tennessee, and in this action re-
fuSing to submit the question of negro |
suffrage to be acted upon as a separate |
proposition by the people. We hold that |
the negro race is the lowest order of hu-
man beings, incapable, in themselves Of a |
viTtuous, intelligent or free government,
and for the truth of this we appeal to his
tory and challenge the world to show a sin
gle exception. We hold that the inferiOrity
of the negro TO the white man in race,
color and capacity for permanent
well ordered government, has been fixed
by Him who dOeth all things well, and |
Whose natural or revealed law has never |
been violated by any human government |
without disaster and confusion. The |
proud Casulian violated this natural law,
when instead of recognizing in the body |
polite the distinction which God had |
made between him and the Aztec, the
Indian and negro, he made them politi- |
cally equal, and swift destruction came
upon him, inasmuch that his pure blood |
cannot now be traced in the MOngrel mis- |
cegenating horde, who by never-ceasing
revolution and evil strife, desolate the
rich and beautiful lands of Mexico We |
hold that the elective franchise is
the highest crowning right which can be
held by free man. The which, when man |
shall be legally entitled to enjoy these, doth
necessarily follow those incidents: The |
right to sit on jurics, to hold Office (what |
is more terrible to contemplate p, the right |
to social equality and intermarriage. We
hold that this Convention should not be |
moved by fear of arbitrary power to shut |
their eyes to the light of experience, and, |
falling in with the fanaticism of the hour, |
deny the truth and blindly rush, in def |
anCe of the natural law of God, to the |
confusion of our race and destruction of |
the government our fathers left us.
We hold that the people of Tennessee |
have the right to consider this tremendous |
question for themselves as a separate, dis |
tinct proposition, as the people of New |
York. Ohio, Michigan, Minnesota, Colo |
RADIO, Kansas, Missouri and Connecticut |
have lately done; and having considered it |
in all its bearings, to decide it for them
selves, free from the incumbrance of any |
other questions; and that any attempt by |
this Convention TO prevent fair express
sion of their will, by refusing to allow the |
people to vote upon it as a separate
question will be a gross violation of the |
rights of the people and of the princi- |
pies of republican and democratic gov
eminent Especially so in this case, be- /
cause no expression of the will of the |
people, or general discussion upon it, was |
had pending the election in a large ma
iority of the districts represented by dele |
gates in this Convention, and in a great |
many the question wasnot even mentioned, |
and deliberate discussion was impossible |
in the brief time between the call of the |
Convention and election of delegates.
Therefore, in behalf of the people of |
Tennessee, and in view of the fact that |
no convention of any State in the United |
States has refused to submit this |
question as a separate proposition back TO |
the people. and following theprecedent of |
the States above mentioned, and in order |
that due discussion and dGliOeratiOn, and |
the light of events which may transpire |
between the adjournment of this COnven-
ton and the time fixed for the vote of |
the people may be had; having also the |
utmost confidence that when said subject |
has been fully discussed, deliberated
upon and weighed, the people will |
do right, ii is recommended that this |
Convention adopt the following, to-wit: