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


Pending the vote, the Convention took
a recess till % P. N.
Afternoon Session.
. Mr.. Ivie proposed to amend the prOpo-
sition of the gentleman from Henry, (Mr.
Porter by excepting magistrates, so that
they should hold Office till their terms ex-
pire. Laid on the table by vote of So
to 90.
Mr. Ivie then moved to amend by ex-
cepting Circuit and County Court Clerks.
This was laid on the table by the follow
ing vote:
Ayes-Messrs. Bate, Baxter, BLIZZARD,
Brown, of Henry, Carroll, Gibson and
Madison, Burkett, Burton, Campbell, Car
ter, Cummings, Dibrell, Dromgoole, Fen
tress, Fielder, Fulkerson, Gardner, Gaut,
Gibbs, Heiskell, Henderson, Hill, Of
Warren, Hill, of Gibson, Mabry, McDou-
gal, McNabb, Meeks, Morris, Netherland,
Nicholson, Porter, of Henry, Seay, Shell
ton, Stephens, Taylor, Thompson, of Da-
wilson, WALTERS, Wright, and Mr.. Presi-
dent Brown-36.
Noes Messrs. Brandon, BransOn,
Britton, Brooks, Brown, of Davidson,
Byrne, Coffin, Doherty, Garner, Gibson,
House, of Davidson, Robertson and
Montgomery, Ivie, Kennedy, Key, Kirk
patrick, Kyle, Parker, Porter, of Hay
wood, Sample, Shepard, Stsley, Thomp-
son, of Maury, Turner, Warner and Will
liamsOn-27.
The following additional paragraphs of
the schedule, as reported by the Judiciary
Committee, were now read:
So much of the Constitution as provides
for the appointment of the perman ent
Judges Of the Supreme Court shall not go
into operation until the first day of No
vember, 1871.
Immediately after the ratification Ofthis
Constitution, the Governor shall nominate,
and by and with the advice and consent
of the Senate, shall appoint four addition
al Judges, who, together with the Judges
of the present Supreme Court, shall con-
stitute the Supreme Court until the first of
November, 1871, and until the appoint
ment and qualification of the Supreme
Court provided for in the Constitution.
The compensation of each of said four
additional Judges shall be five thousand
dollars annually.
Said Judges may sit in two sections,
and hear and determine causes at the
same time; but they shall not so sit in diff
fcrcnt grand divisions at the same time.
Mr.. House, of Montgomery, offered the
following in lieu:
$50 much of this Constitution as pro-
vidcs for the election of permanent
Judges of the Supreme Court shall not 90
INTO operation until the first Saturday in
March, 1871.
'Tmmcdiatcly after the ratification of
this Constitution, the Legislature shall, by
| joint ballot, elect nine temporary Judges,
three from each grand division of the
State, who shall constitute the Supreme
Court until the first Saturday in March,
1871, and until the election and qualifiCa-
ton of the permanent Supreme Court pro-
vided for in this Constitution.
''The compensation of each of said
| temporary Judges shall be four thousand
dollars for their entire term of service.
'Said Judges shall sit in three sections,
three each, and shall hear and determine
causes at the same time; but they shall NOT
sit in different grand divisions at the same
| time"
Mr.. House said that by adopting his plan
he felt sure that in six or eight months the
entire arrearage of business now on the
docket of the Supreme Court could be
| disposed of.
Mr.. Fcntrcss offered the following
| amendment to the original:
In order to dispose of the accumulated
business there shall be elected three
Judges by the qualified voters of eacl
| grand division of the State, who shall
hold their Offices until the first day of Jan
uary, 1872, unless the business is sooner
disposed Of; three of whom shall sit il
jackson, three in Nashville and three il
Knoxville, and hear causes and deliver
their opinions in the same manner as the
Supreme Court now does, and the clerk!
of each Of these courts shall within tel
days after the decision of each case il
which q written opinion is delivered
transmit the record and briefs an(
opinion therein to the regular judges
of the Supreme Court at Nashville
who, until the first of January, 1872
shall act as a revising court, approving tn
decisions of the temporary courts, here
inbcforc provided for, or disappearing
them and rendering such judgment a
should have been rendered: Provided
that no argument shall be made befOr
che revising court, nor shall any othe
brief he presented TO the temporary cOur
on trial; and that on the first day of Jan
uary, 1872, or as soon as the business
| dispatched the three temporary court
herein established shall cease, and TN
regular Supreme Judges shall resum
their proper duties, holding their court
at Knoxville, Nashville and Jackson, a
the one Supreme Court of Tennessee.
Mr.. Fentrcss explained his plan in ;
few remarks.
Mr.. Heiszell offered the following i
lieu of all amendments:
cat the first election of judges unde
this Constitution there shall be electe
two Judges of the Supreme Court frOr
each grand division of the State, sha
hold their offices for the term herein pre-
scribcd. In the event, however, that q
any time after the LIST of January, 1872
any vacancy shall occur in the Office Q
Supreme Judge, it shall remain unfille
| and the court shall fIom that time be cor
stitutcd of five judges; while the coul
shall consist of six judges they may 81
in two sections and hear and determin
| causes in each at the same time, but IL
} in different grand divisions at the SAN
, time. In each section at least two judgC
shall be necessary to decision"
9 Mr.. Stephens thought they could g
s along with five permanent judges, al
f that it was hardly Unnecessary to provide fC
r a temporary court.
Mr.. Turner said he felt sure that
: would take more than year for five me
4 to get through even with the NashYil
docket. He saw difficulties in the way
e getting a good temporary court, from Il
! fact that few lawyers would be Statistic
to leave lucrative practice to accept SUE
G position. He favored the prOpositiC
h of the gentleman from Shelby (hIr. Hei
. kelD
Mr.. Thompson, of Davidson, had be-
y in favor of the proposition of the gentl
man from Montgomery, but after hearil
I the argument of the gentleman fro
g Shelby, he had changed his opinion, al