Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1870-02-08
THE CONVENTION.


dent Brown in the chair.
After some discussion over the corTec-
ton of the journal, the Convention took
up the unfinished business of Saturday,
The discussion of the schedule.
Mr.. Sample said it was necessary for
the Convention to ACT with prudence. Ii
they did not thus act there was danger OF
Tennessee being any day put under a
Military Governor. If the Convention
acted with prudence, he was certain that
President Grant would veto any bill passed
against Tennessee. He received news
almost every day from Washington, and
he had this information from the very
best source He was opposed to turning
out the present judiciary without Civ
ing time for them to wind up their bust
ness. He was anxious that the gentle
man from Knox should specify to whom
he referred when he remarked that there
was felon on the bench in East Tennes-
see He was not in favor of turning out
the present Judiciary.
| Mr.. Britton said the adoption of the
new Constitution necessarily vacated all
| the judicial offices, and the question was,
| whether they would restore the present
| incumbents. Some of these men had not
resided in the State but three years, so
| that if they were Teinstated the Conven-
ton would deliberately violate its own
| work. lie was in favor of going on and
doing the stern duty of the hour. They
had a right to remove the present judici-
airy, and the general Government would
| not dare to raise the issue. He gave some
examples of judicial corruption and in
competency in East Tennessee.
Mr.. Davenport was in favor of vacat-
ing the judicial offices on the adoption OF
the amended Constitution. These officers
all hold their places by prescription, and
was it wrong to remove prescription, by
prescriptions
Mr.. Brown, of Davidson, said it was in
the province of this Convention to vacatc
the judicial offices at once on the ratifica-
ton of the Constitution, TO fix specified
time, OF allow these officers to serve out
their terms. They had already discrimi-
mated in favor of the Governor, the Legis-
lature, the Secretary of State and the
Comptroller. He was not in favor of re-
moving the Magistrates; he did not think
there was any call for that He was not
here 20 make enemies. He doubted
whether the mere ratification of the
amended Constitution would ipsO fdctO
vacate all the offices. The only prece
dent. that was worth anything was the
Constitution of 1884, which provided that
all officers, civil and military, should hold
on till the end of the first session of the
General Assembly which should sit under
that Constitution, space of nearly two
years The action which they proposed
was prOscriptive, or at the least it would
be considered as such. What would they
lose by allowing these men to hold office
for year or two longer? Let them show
that, while they had the power, they
could act with magnanimity. He was not
afraid of these men who were in office.
They could afford to be generous as well
as Just. lie hoped that some reasonable
time would be specified when these men
should go out of Office.
Mr.. Porter, of Henry, thought it was
their duty TO yacate all the offices in the
State except the Governor and General
| Assembly. This he urged, not on person.
al considerations, but for the sake of the
people He objected TO them on the
| grounds of the manner in which they had
| been elected. 1t was matter of duty.
Mr.. Brown, of Madison, moved 10 lay
| all amendments on the table, including
| that of Mr.. Key, which reads as follows:
''That no inconvenience may arise from
| 4 change of the Constitution, it is de-
| clared that all civil officers shall hold
| their offices until the first day of NOvem-
Der, 1871, unless their term of service pre-
viously expire"
The amendments were laid on the table,
except that of Dir. Seay, and to this Mr.
Porter, of Henry, offered the following
in lieu:
Section /. That no inconvenience may
arise from change of the Constitution,
it is declared that the Governor of the
State and members of the General Assem-
bly, shall hold their offices until the cxpira-
ton of their present term of service. All
other officers, except those elected at the
general election of March, 1870, shall va,
cate their places on the ratification of this
Constitution. Provided, that the last
named shall hold their offices for the
constitutional term from the day OF The
general election of civil officers fixed II
the Constitution.
Mr.. Stcphens-In the progress of thi:
debate pretty wide range has been takcr
and severe reflections have been made up
on some Judges in the State, but who's
names were not mentioned. No reference
was made, / suppose, TO any Judge il
West Tennessee; but still, as the Charge
are general enough to reach them, | thinl
it is my duty to give my opinion of them
| am acquainted with all the Judges il
West Tennessee, and have known tn
most Of them intimately for many years
The reputation Of them all is absolutely
unblemishcd; they are worthy gentlemen
and fair Judges Gov BrOWlOw, in near
ly all his appointments of Judges in Yves
Tennessee, made the best selections pos
siblc out of the number who were suf
ficiCntly loyal 10 hold Office under the thel
supposed necessity of comforting Otlic
only on that party. He made, perhaps
two OF, three mistakes, butt feel sure tina
his desire was to do the best. | max
these remarks in justice to him and to tn
Judges.
am in favor of a proposition substan
TALLY such as theOne Offered by the dclegat
from Henry (Mr. Porter, and the amend
ment TO it offered by the member iron
White (Mr. Dibrell, that is, keep in oflic
, the Governor and Legislature and all civ
, | officers who may be elected at the Marc
( election; and then supersede all others.
= think the people require this at our hands
| do not understand that we are pcrsc
cutting or prosecuting any person at all
= notwithstanding the appeals of the dele
: gate from Davidson, (klr. Brown. TIL
gentlemen now in office were elected in
revolutionary epcriod, when but a snla
o number could vote, and when but a sma
s number could be UOt6d for. They all eN
= pect to go out of office upon the adoptio
l Of this Constitution. They do not beg fC
D mercy or forany respite. Theyare general
independent honorable men, who al
willing to give way if the people requiI
: it. Those in West Tennessee, l know
are gentlemen, and would not wilingl
, hold office in defiance of public opinion
Nor would they be thankful to this Coz
vention for any charity, or for any TO
bcarance on our part to execute the will {
the people. They are not enemies whOl
/, We have conquered and to who
n we meant to extend mercy US TO captive
le they are citizens who happen 10 be
1t office when, for great public purpose
Il it becomes necessary TO Ordain q ne
Constitution, and to reset the found
ton OF the State. In such an exigenc,
Of the citizens must give way; and those WI
u are in my end of the State oCW giUe 1UO
" without raising the cry of persecution
70 But if there are any there or elsewhe