Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1870-01-16

| priQI IL.
Mr.. Brown, of Davidson, said-The
doorkeeper, at his instance, went to the
Capitol to get copies of these Rules of the
General Assembly with these constitutions,
and found that there was not sufficient
number to supply this body.
| Mr.. Jones, of Lincoln-There were 800
copies printed and he supposed that
members without copies could easily OBJ
tain them if they would apply to their
Senators or Representatives.
Mr.. Kennedy was informed by the
Doorkeeper, that he not only applied to
the Doorkeeper of the House of Repre-
sentatives, but to different members, to
obtain all the copies he could, and that
some members gave their own copies
putting their names on them, and desiring
them to be returned.
Mr.. Porter, of Henry, withdrew the
demand for the yeas and nays.
Mr.. Porter, of Haywood, renewed it.
The question being on the adoption of
the resolution, the yeas and nays thereon
resulted-yeas AZ, nays "a.
So the resolution was adopted
| SUPREME JUDGES. II
Mr.. Porter of Haywood, submitted the
| following:
Resolved, That the Judges of the Su-
preme Court shall be elected by the peo-
pie. That no person shall be eligible to
| said position, unless he shall have had
the experience of % years practice at the
bar, and whose term of service shall end
when he shall have attained the age of
20 years, or during good behaviour.
ATTORNEY GENERAL.
Mr.. Porter, of Haywood, submitted the
| following:
Resolved, That the Committee on the
Judicial Department take into considera-
ton and make a report to the Convention
as to the expediency and propriety of
aholishing the office of District or Circuit
Attorney General for the State, and the
| creation of the Office of State Attorney
| for each county. The person filling the
same to be elected by the qualified voters
| thereof, and whose term of service shall
be the same at that of Circuit Judge.
The salary of said Office, in addi-
| tion to the compensation now allowed
by courts, to be determined and fixed by
the County Court at the January term of
each year.
1t was referred to the Committee on the
Judicial Department
RIGHT OF JURY TRIAL, ETC
Mr.. Seay submitted the following:
Resolved, That section 6, article |, of
the Constitution be so amended as to read
as follows "Tbat the right of trial by
jury shall remain inviolate, and no religi-
Gus or political test shall ever be required
as qualification to sit on juries in this
State"
1t was referred to the Committee on
the Bill of Rights.
ELECTIONS BY THE PEOPLE.
Mr.. Sample submitted the following:
Resolved, That the offices to be filled
from the highest to the lowest grade shall
be filed by the popular vote of the quail
fed voters in the State, county or district,
as the case may be, SO as thereby not to
conflict with the Constitution of the
United States, viz: Supreme, Circuit and
Chancellor judges, clerks of the different
courts, magistrates and comptrollers,
sheriffs, surveyors, trustees and revenue
collectors, etc. Also, all military officers
shall be elected by the qualified voters of
the State, county or district, as the case
may be.
Mr. s. stated he was constrained
to offer this proposition by the force of
public sentiment amongst his constituents.
1t was referred to the Committee on
Elections.
NEW COUNTIES.
Mr.. Thompson, of Maury, presented
the petition of lie citizens with reference
to the formation of new county out of
portions of Marshall, Maury, Rutherford
and Williamson, and moved be referred
without reading, to the Committee on
New Counties and County Lines.
1t was referred.
| RATIFICATION OF AMENDMENTS TO THE con-
sTITUTION OF THE UNITED STATES.
Mr. Warner submitted the following:
Whereas, Article V of the Constitution
OF the United States provides that ''the
Congress whenever both Houses shall pro-
pose amendments to the Constitution, or
on the application of two-thirds of the
| Legislatures of the several States shall
call Convention for proposing amend
ments, which, in either case, shall be valid
to all intents and purposes as part of the
| Constitution when ratified by the Legis-
| latures of three-fourths of the several
States, and by Convention in three-fourths
thereof, as the one or the other mode Of
ratification may be proposed by Con
gress."
| And whereas, 1t is manifest from Sth
section, With article, that proposed
amendments" ought to be ratified or
rejected by Legislatures or Conventions
chosen in the several States, by the peo-
pie thereof, Gfterthe Congress or Conven-
ton, as the case may be, have proposed
such amendment or amendments to the
several States for ratification.
And whereas, Amendments have been
ratified by Legislatures elected before such
amendments were proposed to the several
States by Congress, thus preventing the
people from having voice in the election
of their Legislatures with the view of hav
ing their wishes and interests regarded
in changing or altering the COnstitu
ton of the United States. Therefore,
Be it resolved, That the following
amendment be proposed to the Constitu-
ton of this State: ''That when any
amendment or amendments to the COnsti-
tuition of the United States shall be pro-
posed to the several States thereof for
ratification, no Legislature or Convention
| of this State shall ever Tatify such pro-
posed amendment or amendments, unless
the Legislature or Convention shall have
been elected by the people of the State
after the period of time when the Con-
gress or Convention of the United States
shall have proposed such amendment or
amendments to the several States for ratifi-
| cation.
Mr.. Warren-SIr. President: l int oduCe
the above resolution to cure the defects,
as l think, that exist in our Constitution
of 1884, from which defects, frauds and
impositions have been practiced upon the
people The 9TH article of the Constitu-
ton of the United States does not declare
what particular Legislature or Convention
of State shall ratify any amendment of
said Constitution. The Supreme Court of
the United States has laid down the rule
that in constituting the said Constitution
we must look to the same and see
what powers are granted, and if pow
er is not granted the United States
can not claim it. The Supreme Court
of our State has declared, IN con-
STRUNG State Constitution, we must look
to the United States Constitution and see
what powers are prohibited from the
State, and if the power is not granted to
the United States in its Constitution, nor
prohibited from the States by the same,
the State still has the power, and this Con-
ventiOn can exercise all the powers under
the restrictions above specified. Then, as