Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1870-02-16

|
Afternoon Session.
After some further discussion Mr..
Heisken Withdrew his proposition and
| Mr.. Campbell Offered the following
amendment:
''The whole amount of taxes collected
for common school purposes under the
foregoing section shall be paid over
directly to the proper fiscal officer of the
several counties of the State in which the
same may be collected, and under the di-
rection of the County Court shall be ex-
pended for the support of common schools
in the respective counties: Provided,
nothing herein shall be construed TO pre-
vent the several counties in this State
from levying tax for common school
purposes.
The amendment was adopted by the
following vote: .y
Ayes-Messrs. Allen, Arledge, Bate,
Brandon, Brooks, Brown of Henry, Car
roll, Gibson and Madison, Burton, Camp
bell, Cummings, Cypert, Doherty, Fen
tress, Fielder, Gardner, Garner, Gibbs,
Gordon, Heiskell, Hill of Warren, Hill of
| Gibson, House of Davidson, Robertson
and Montgomery, Jones of Lincoln, Jones
| of Giles, Kennedy, Mabry, Porter of Hay
wood, Seay, Shepard, Shelton, Stephens,
Taylor, Thompson of Davidson, Thomp
son of Maury, Turner, Warner, William
son, Wright and President Brown-40.
Noes-Messrs. Baxter, Blackburn,
Blizzard, Branson, Britton, Brown of Da-
wilson, Burkett; Bryne, Carter, Chown-
ing, Coffin, Deaderick, Davenport,
Dibrel, Gibson, Henderson, Key, Kirk
patrick, Kyle, McDougal, McNabb, Mar
tin, Morris, Meeks, Netherland, Nichol-
son, Parker, Sample, Staley, Waters-3L
Mr. Baxter said the adoption of this
struck at the foundation of all free
schools on the part of the State. He
thought they might as well 60 home now,
and he moved to adjourn, with the under
standing that he would, in the morning,
introduce a resolution to adjourn sine die.
The motion to adjourn failed.
Mr.. House, of Montgomery, now moved
a reconsideration, for the purpose of re-
| iecting all action of the Convention on
the subject of common schools, and going
back TO the Constitutional as 1t now
stands. The motion TO reconsider was
carried by vote of 40 to %.
Mr.. Jones, of Giles, now moved that
the Convention adopt sec. 10 of Article
XI, as il now stands in the Constitution.
The section was read and adopted, as
follows: ...-. -
Sec. 1O.-Kuowledge, learning and
virtue being essential to the preservation
of republican institutions, and the diff
fusion of the opportunities and advantages
of education throughout the different por-
lions of the State being highly conducive
| to the promotion,of this end, it shall be the
duty of the General Assembly in all future
periods of this Government to cherish
| literature and science. And the fund called
| the common school fund, and all the land
and proceeds thereof, dividends, stocks,
| and other property of every description
| whatever, heretofore by law ap-
propriated by the General Assembly
| of this State for the use of COM
mon schools, and all such as shall here
after be appropriated, shall remain per-
petual fund, the principal of which shall
| never be diminished by legislative appro-
| priation; and the interest thereof shall
be inyioiably appropriated TO the support
and encouragement of common schools
throughout the State, and for the equal
benefit of all the people thereof; and no
| law shall be made authorizing said fund,
or any part thereof, to be diverted to any
other use than the support and encourage
| ment of common schools; and it shall be
the duty of the General Assembly to ap-
point Board of Commissioners, for such
| term of time as they may think proper,
who shall have the general superintend
ence of said fund, and who shall make a
report of the condition of the same from
time to time, under such rules, regula-
tons and restrictions as may be required
by law; provided, that, if at any time
hereafter, a division of the public lands
of the United States, or of the money
arising from the sale of such lands, shall
be made among the individual States, the
part of such lands or money coming to
this State shall be devoted to the purpo-
ses of education and internal improve
ment, and shall never be applied to any
other purpose.
The following is the vote on the above ::
Ayes-Messrs. Allen, Arledge, Bate,
Blizzard, Brandon, Brooks, Burkett,
Byrne, Carter, Chowning, Coffin, Cum
mings, Cypert, Deaderick, Davenport,
Dibbrell. Doherty, Fielder, Garner, Gaut,
Gibbs, Heiskell, Hill, of Warren, Hill, OF
| Gibson, House, of Williamson, House, OF
Davidson, Robertson and Montgomery,
Jones. of Lincoln, Jones, of Giles, Ken.
nedy, Mabry, McDougal, Martin, Morris,
Meeks, Netherland, Nicholson, Porter, OF
Haywood, Sample, Shepard, Stephens,
TAYLOR, Thompson, of Davidson, ThOmp-
son, of Maury, Turner, Waters, Warner
and Wright-t7.
Noes0Messrs. Baxter, Blackburn
= Branson, Britton, Brown Of Davidson
| Brown of Henry, Carroll, Gibson anC
] Madison, Burton, Campbell, FenTess
f Finley, Gardner, Gibson, Gordon, Hen
derson, Ivie, Key, Kirkpatrick, Kyle
McNabb, Parker, Seay, Staley, William
: son-23.
+ THE FRANCHISE.
Mr.. kirkpatrick entered motion t,
reconsider section of article ", which
: is the section on franchise.
CORPORATION.
i The Convention now proceeded TO tn
/ consideration of the following provision
c in the report of the Committee o.
Finance Internal Improvements and Cor
" pOrations:
: Strike out the provision at the end o
u article X, section Z, and insert the fol
;; lowing: ''NO corporation shall be ere
u ated by special laws, but the General As
, sembly shall provide by general laws fo
the organization of all corporations here
) after created; which laws may at any tim
ID be altered or repealed"
T. Mr. Jones, of Lincoln, offered the TO
- lowing amendment which was laid on tn
j. table by vote of 30 to Is.
d Add at the end of the section on col
y porations: ''Every stakeholder in an il
Or corporated stock company, shall refun
u to the company, or its creditors, all div
Is dends received by them respectively,
case it shall, at any time, be necessary
nc pay the liabilities of the company"
~ Mr.. Nicholson offered the follOwiI
DC amendment which was adopted: "Ad
CT at end of paragraph. 'But in such MAJ
IL ner that no injustice shall be done TO Il
~ corporations.
ut Mr. Gibson Offered the following whiC
= was adopted. Insert in the first line b
~ tween the word ''created" and ''by" Il
=. VI following: cor It's powers increased
III diminished SO as to make the paraguay
y; read ono corporation shall be created
cu its powers increased or diminished
special laws.
,h' The following amendment by N
W Jones, of Giles, was rejected:
Provided, That no charter incorporate
IS. q railroad or hank or town. or cit