Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1870-01-23
THE CONVENTION.
TWELFTH DAY.

lue convention met at III D clOck A. NJ.
Prayer by the Rev. Mr.. Sample, del
a egate of the Convention from the county
e of Jefferson.
The journal of yesterday was read ant
approved.
Mr.. Stephens-In the report of the de-
e bates published yesterday in the city pa
u pers, my remarks on the amendments
offered by the delegate from Wayne Mr.
= Cypertl to amend section 10 of the Decla-
ration of Rights, are so incorrectly re-
I ported, as to make me say precisely the
! | opposite of what l intended. My state
ment was, that in public prosecutions for
, the crime of immoral and indecent publ
cations against private persons, did not
wish the offender to escape the punish
} ment due to public immortality by proving
the truth of what he had published
NEW COUNTY.
Mr.. Blizzard introduced a resolution that
the Constitution be so amended that there
may be new county formed off of the
counties of Jackson and Overton, pro-
vided that the formation of ssid new coun-
ty shall contain at least 400 qualified
voters; and further that said county shall
contain at least 800 square miles and shall
not reduce either of said old counties from
which it may be taken, below 500 square
miles.
Mr.. Blizzard made some remarks in re-
gard to the necessity of the new county,
and the resolution was referred to the
Committee on New Counties and County
| Lines.
VARIOUS OFFICES.
Mr. Davenport Offered the following
resolution, That article VII, section 2, be
amended as to read,
Sec. 2. Should vacancy occur subse-
| quent to an election in the Office of Sheriff,
Trustee, or Register, it shall be filled by the |
county judge or justices of the quarterly or |
| quorum court; if in that of the clerks to be |
elected by the people, it shall be filled by the
courts, and the person so appointed shall |
continue in Office until his successor shall |
be elected and qualified, and such offices /
shall be filled by the qualified voters at |
the first election for any of the county |
officers
1t was referred to the Committee on
Elections.
PETITIONS.
Mr.. Meeks presented petition in refer
ence to county seats, which was referred
without reading to the Committee on New
Counties and County Lines.
Mr.. Warner presented petition for
Constitutional provision to admit of a
new county to be formed from the coun-
ties of Bedford, Maury, Rutherford and
Williamson.
Mr.. Netherland presented q memorial
or letter from the county of Hawkins, on
The subject of counties.
Which papers took the same direction.
REPORTS FROM COMMITTEES.
The President announced the order of
reports from committees:
PROPOSED AMENDMENTS TO ARTICLES V.
AND VI.
Mr.. Heiskell, from a majority of the |
Committee on the Judicial Department,
submitted report proposing amendments
to Articles V. and VI, and to the sched-
ule, of which the following are the
changes proposed therein to the present
Constitution:
Sec. 2, article V. Alimpeachments shall
be tried by the Senate. When sitting for
that purpose, the Senators shall be upon |
oath or affirmation aEdthe Chief Justice
Of the Supreme Court or if he be on trial !
the senior. hss6cjGte Judge shall pre-
side osey them. No person shall be con- |
victed without the concurrence of two
thirds of the Senator's, sworn to try the |
officer impeached. Here follow sections f
3, 4, 8, as in the present Constitution. t
Article VI, section |. The judicial [
power of this State shall be vested in one
Supreme Court, and in such Circuit, s
Chdncery and other inferior courts as
the Legislature shall from time to time
Ordain and establish, in the Judges there {
of and in Justices of the Peace.
The Legislature may also vest such
jurisdiction in corporation courts as may $
be deemed necessary. Courts to be holden \
by Justices of the Peace may also be S
established.
Sec. 2. The Supreme Court shall con- 7
sist Of IRE Judgcs of aOhonl not more i
than t1Oo shall reside in any one Of the
grand divisions of the State. t
The Judges shall designate one Of
their OC71 number 1UhO shall preside us
Chief Justice
The concurrence of three of the Judges
shall in every case be necessary to deci- .
sion.
Sec. ). The GoUernor of the State shall
nominate, and, by and Nth the adCice and I
consent Of the Senate, shall appoint the
Judges of the Supreme Court.
The consent Of the Senate to such nOnt- !
nations shall require tie concurrence of
tDO-tlijrds of tie q1ltOle Number reQuirsd
by LaD to compose that body
Every Judge of the Supreme Court shall c
be 80 years of age, and shall before his /
appointment hdUe been resident of the c
State for fOe gears. HIS term Of service L
shall be tacO gears. a
Sec. 4. The Judges of the Circuit and :
Chancery Courts and of other inferior i
Courts shall be elected by the qualified 1
voters of the District or Circuitt0 aUhich q
they are to be assigned. Every Judge I
of such Court shall be thirty years of age, t
and shall, before his appointment, have r
been resident of the State for fUe wears. Q
His term of Office shall be t,Uo years. r
Sec. 8. An Attorney General and Re- !
porter for the State shall be appointed by /
the Judges of the Supreme Court, and | b
shall hold his Office for term of twelve C
years. An Attorney for the State for any a
Circuit or District for which a h
Judge hdUiRg criminal Jurisdiction q
shall be provided By lar, shall be elect Y
or district, and shall hold his office for q | $
lClul VI SlA gColS- llCIC lOiOW INC It. | r
mainder of section 5, and sections and | f
Z as in the present Constitution Y
Sec. 8. The jurisdiction Of the Cir i
c1Jit, Chdncery and other inferior s
courts shall be as nOV established By u
Tar until changed 6y the Legislature. t
Here follows section as inthe present v
Constitution.
Sec. 10. The judges OF justices of the O
inferior courts of law shall have power in v
all civil cases to issue writs of certiOrGri | s
to remove 3 Y cause OF the transcript of S
the record eof from any inferior iu- d
i'll, such court on sufficient b
cause supported by oath or affirmation. S
Here follows section II as in the r
present Constitution TO the latter clause of b
which is added n
The Legislature may by general laws il
make provision that special Judges may
be appointed to hold any courts the judges a
of which shall be unable or fail to attend II
or sit, or to hear any cause in which the o
Judge may be incompetent. Here fol- Il
low sections u, 13, IA and Is, as in the c
present Constitution.
SCHEDULE. fl
Section l. That no inconvenience may b
arise from change of the Constitution, q
it is declared that all civil officers, except n
the Attorney General for the State and e
the Judges of the several Courts, shall hold t,