Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1870-01-22

of criminal prosecution, giving numerous
examples and illustrations, and shoWinl
that all the evils complained of might b.
remedied by legislation under the presen
Constitution and without hazarding the
right of trial by jury.
Mr. House, of Montgomery, spoke
again in reply to Mr.. Baxter, showing the
advantageous workings of the principle
of his amendment in several States of the
Union, as we'll as in the later history OF
the jurisprudence of the mother country.
Mr.. Ivie was opposed to the amend
ment, and should vote against it from
considerations outside of the merits of the
amendment itself, as that this change
in the Constitution was not required
by the people, and this body should so
shape its action as to not hazard the loss
of its labors by the rejection of the amend
ed Constitution by the people. We should
not take upon ourselves to do too much.
We should not propose amendments SIM
ply experimental. We have the power to
submit this proposition, but it was hardly
the part of prudence to dot. There were
but few things to be done by this Con-
vention. This Convention was called
chiefly to strike off the existing manacles
which have been fastened upon the white
man, with reference to the exercise of the
elective franchise and the questions of
finance and taxation.
| Mr.. Thompson of Davidson, urged that
| the principle involved in this amendment
was undamental-derived from Magma
| ChGrt0, and there asserted to be English
law from time out of mind, five hundred
| years ago. The hardships inflicted by
our small offense law were uncomfortable
The gentleman from Montgomery was be-
low the facts in regard to the hardships,
| and especially the expenses it deVolved
upon the larger counties. Wemust econ
| omise. Such was the pressing necessity
for the legislation contemplated in this
| amendment, that its principle was to-day
in practical operation in this city of Nash
vile. Of the fifty persons charged with
crime and now in jail here, doubtless
twenty would be imprisoned to-day, and
twenty more tomorrow. And if any of
these prisoners were to ask lawyer about
his rights, he would be told that he has
the right of action for false Imprisonment,
but he would not probably get more than
one cent damages.
Mr.. Brown, of Davidson, offered the
following amendment: provided that
in all cases of trial of the offenses above
specified, the prosecution shall be required
to prefer an information on oath de-
scribing the nature of the offense with
reasonable certainty, and the place and
time of its commission
Mr.. House, of Montgomery, accepted
this amendment to his amendment.
Mr.. Brown, of Davidson-That
amendment being accepted, took from
the proposition good deal of the Obiec-
ton which he felt and expressed the other
day; but still he was not sanguine as to
what would be accomplished by it. He
did not expect to find by what might be
placed in the Constitution by this Con-
ventiOn any easy royal road out of these
difficulties. He was anxious that all the
counties should be relieved, as far as pos
sible, from expenses. If we should
adopt it, he could not tell what
would be the adjudication of the courts
upon our work, in connection with the
construction of the fifth article of the
Constitution of the United States.
Suppose we were to 90 on and
declare by law that a man may be
twice put in jeopardy Of life and limb,
would not the Constitution of the United
States stand and the Constitution of Ten
nessee be held pro tGntO vOid3 Or sup
pose we were TO provide that by law a
man may be compelled to testify against
himself, would not this same article of
the general Constitution come to the res
Cue2
Mr.. Baxter considered that the amend
ment of the gentleman from Davidson
rather aggravated ard inCr 5ased than di-
minished the objections to the amendment
offered by the gentleman from Mont
gomery Mr.. House because it
does not provide that the mat
ter of information shall be sworn to,
nor whether the infOrmer shall swear to
the truth or what he believes to be the
truth, and he gave examples.
Mr.. Jones, of Lincoln, moved TO lay all
these amendments on the table.
Mr.. Baxter demanded the yeas and nays,
and they were ordered and taken, result
ing-yeas 81, nays 35-as follows:
Yeas-Messrs. Arledge, Bate, Baxter,
Blackburn, Blizzard, Branson, Brandon,
Britton, Burkett, Carter, Deaderick, Fen
tress, Fielder, Finley, Garner, Gaut,
Gibbs, Gibson, Henderson, Hill, of War
ren, Hill, of Gibson, Ivie, Jones, of Lin
coin, Kirkpatrick, BIabry, McDOugal,
McNabb, Martin, Morris, Meeks, Neither
land, Parker, Sample, Shepard, Shelton,
Stephens, and Thompson, of Maury-S7.
Nays-Nlessrs Brooks, Brown, of Da-
wilson, Brown, of Henry, Burton, Byrne,
Campbell, ChOwning, Coffin, Cummings,
Cypert, Davenport, Dibbrell, Doherty,
DrOmgOole, FulkersOn, Gardner, Gordon,
Heiskell, House, of Williamson, House,
of Montgomery, Jones, of Giles, Kenne-
dy,- Key, Kyle, Nicholson, Porter, of
Haywood, Porter, of Henry, Seay, Staley,
Taylor, Thompson, of Davidson, Turner,
Warner, Williamson and Wnght-35.
So the amendments were laid on the
table and the question recurring again on
the adoption of the fourteenth section of
the Bill of Rights, it was agreed to.
REPORTS FROM COMMITTEES.
The President announced the order of
reports from committees
Mr.. Nicholson, from the Committee on
miited the following report:
REPORT OF COMMITTEE or ELECTIONS AND
FRANCHISE.
The Committee on Elections and the
Right of Suffrage have had under cOnsid-
Grafton various propositions suggesting
amendments to the Constitution in regard
to the times of holding certain elections
and the mode of voting, and have rejected
all of them, except one which proposes to
change the time of holding the elections
for members of the General Assembly
and the time for the regular sessions
of that body. This is a proposition to
amend sections 7 and of article II, by
striking out in section the words con
the first Thursday in August, 1885, and
inserting in lieu thereof con the first Tues
day in November, 1870 and in the same
section, in lines and 3, to strike out the
words ''on the first Thursday in August"
| and to insert in lieu thereof the words
son the first Tuesday in November" so
that the section as amended will read as
| follows:
Art II. Sec. Z: The first election for
| Senators and Representatives shah be held
on the first Tuesday in November, 1870,
and forever thereafter elections for mem
bers of the General Assembly shall be
held once in two years, on the first Tues
day in November; said elections shall
terminate the same day.
In section 8, article II, it is proposed to
strike out the words in line 2 and
Gone thousand eight hundred and thirty
| five - and TO insert in lien thereof the