Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1870-02-03

dent Brown in the chair. Prayerby Re'
DR.. Baird, of the Cumberland Presbyt'
rian Church. ae. s.a
NEW COUNTIES.
Mr.. Brown, of Madison, presented
petition from citizens of Henry, Weakle
and Carroll counties, asking for a neN
county to be formed out of portions o
the above.
| Mr.. Stephens presented apetition askin
that portion of Marion county be adde,
| to Grundy county.
Mr.. Key presented petition for forma
ton of new county out of portions o
| Blount and Roane counties.
AMENDMENT TO THE CONSTITUTION.
Mr.. Blackburn presented certain pro
positions as amendments to the COnstitu
ton, to the effect that the State shall pas
no laws to ahridge the rights of any class
of its citizens, being substantially the
same as the fourteenth article of the Con.
stitution, of the United States, etc. II
was referred to the Committee on Miscel-
laneous Subjects. 1- r--.. 80 20
ELECTIONS. F
The Committee on Elections and the
Right of Suffrage have had under con-
sideration the resolutions of Mr. Heiskell
and Mr.. Gardner as to the time when the
amended Constitution shall be submitted
to the people for their ratification or
rejection; and have directed me to recon-
mend the adoption of Mr.. Gardner's reso-
luton, as follows:
Resolved, That the Legislature now in
session is hereby requested, with as little
delay as possible, to pass law changing
the time of holding the election for coun-
ty officers from the first to the fourth
Saturday in March next, to afford time to
this Convention to finish Its labors and
submit the result to the people for Tatif1-
cation or rejection at said election of
county officers. ~
The committee have also considered
the resolution of Mr.. Wright, as to the
expediency of declaring all civil offices,
except those held by the Governor and
Legislature, vacant upon the ratification
of the amended Constitution, and have
instructed me to recommend that the
offices held by Justices of the Peace be
declared vacant upon the ratification of
the amended Constitution. The commit
tee instruct me to ask to be discharged
from the consideration of the other por-
tons of the resolution. All of which is
respectfully submitted. ass.
NICHOLSON, Chairman.
Mr.. Gardner moved that the resolu-
ton recommended by the committee be
adopted.
Mr.. Gibson thought that as the sheriffs
and constables were elected for only two
years, the postponing of the election
might leave an interregnum. g
Mr.. Jones, Of Lincoln, explained that
the officers referred to held over until the
first Monday in April.
Mr.. Warner raised some objections,
resting upon the length of time it might
require for the Legislature topasS through
a law. +.
Mr. Garner was entirely opposed to the
resolution. lie thought the Convention
could get through in ample time to give
the people chance to think over and de-
eide upon the amended Constitution be-
fore the regular March election. lie
moved that the first Saturday in March be
substituted as the time for Tatifying or
rejecting the Constitution, in place of the
fourth Saturday in March. The amend
ment was rejected by vote of Sc to II;
after which the resolution of Mr.. Gard
ner was adopted by vote of As to q.
The chair appointed Mr.. Nicholson and
Mr.. Gardner a committee to present the
above resolution to each House Of tie
General Assembly.
THE JUDICIARY
The Convention now took up the unf n
ished business of yestcrday-thG majority
report of the Committee on Judiciary.
The Convention decided to go through the
report, perfect it, and that it
should be in order to offer an amendment
in lieu.
Section 2, as reported by the committee,
was read as follows, the amendment of the
committee being in italics: -.a
Sec. 3. All impCachnents shall he tried
by the Senate; when sitting for that pur-
pose the Senators shall be upon oath or
and the chief Justice Of the
Supreme Court, or if he be on trial, the
senior associate JIdgc shall preside
OCCr them. No person shall be con-
yicted without the concurrence of two
thirds of the Senators sworn TO try the of
ficcr impeached.
The amendment of the committee was
adopted.
No amendment was offered to sec
ton ,. o.
Section / was read as follows: -
Sec t. The Governor, Judges of the
Supreme Court, Judges of Inferior
Courts, Chancclors, Attorneys for the
State and Secretary of State shall be liable
to impeachment, whenever they may, in
the opinion of the House of Representa-
tivcs, commit any crime in their official
which may require disqualified
ton; but judgment shall only extend to
removal from office, and disqualification
to fill any Office thereafter. The party
shall, nevertheless, be liable to indictment,
trial, judgment and punishment accord
ing to law.
Mr.. Jones, of Lincoln, proposed TO
amend by adding Comptroller and
Treasurer" Immediately before the words
Secretary of the State. Adopted.
Section was not amended.
Article VI was now taken up. Section
!, as reported by the committee with their
amendments in italics, was read as fol
lows:
Section /. The judicial power of this
State shall be vested in one Supreme
Court, and in such Circuit, ChGnceTy
and other inferior courts as the Legisla
ture shall, from time to time, ordsin or
establish, in the Judges thereof, and in
Justices of the Peace.
The Legislature may also vest such
jurisdiction in the corporation courts as
may be deemed necessary. Courts to be
holden by Justices of the Peace may also
be established.
Mr.. Hill, of Gibson, offered the follow
ing in lieu:
Section l. The judicial power of this
State shall be vested in one court of
errors and appeals, and in three Su-
preme Courts, and in such Circuit
Chuacery and other inferior courts, as
the Legislature shall, from time to time,
ordain and establish and the Judges there
of, and in Justices of the Peace. The
Legislature may also vest such jurisdic-
ton in corporation courts as may be
deemed necessary. Courts to be holden
by Justices of the Peace may also be cs-
tablishcd.
Mr.. HeiskclI, Chairman of Judicial
ry Committee, spoke against the
amendment in lieu and for the
original proposition. He charged the
Supreme Court since the war with neglect
of duty. He believed the court had never
met at the proper time, and certainly had
not laborcd faithfully. He stated that
the number of law cases on the docket of
Nashville was 600. The number decided
in 1867, 1856; '68, 1874, so that at this rate