Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1870-01-19

| hOut VI OlCNtlOAG dud NllC Bulitl VI III
ballot box.
For the purpose of carrying out tn
conclusions of the committee, q majorit,
of them recommend that the following b
adopted by the Convention, in lieu of sec
ton l, article ~, of the present Constitu
ton, viz:
Article ". Section l. Every man o
the age of twenty -one years, being citi
zen of the United States and citizen o
the county wherein he may offer his vot
six months next preceding the day o
election, shall be entitled to vote for mem
bers of the General Assembly and othe
civil officers for the county or district il
which he resides, and there shall be NJ
qualification attached to the right of suf
frage-except that each voter shall give t
the judges of election when he offers Il
vote satisfactory evidence that he has
paid his full taxes then due by him, with
out which his vote cannot be received
And all male citizens of the State shall bt
subject to the payment of poll taxes, anG
to the performance of military duty with,
in such ages as may be prescribed by law.
Provided, That the General Assembly
shall have power to enact laws requiring
voters to vote in the election precincts in
which they may reside, and laws to Sc
cure the freedom of elections and the pu-
rity of the ballot-box
| A. o. P. NICHOLSON.
Mr.. Nicholson-It will be seen by the
Convention that this is report of ma
| jority of the committee. The minority
of the committee, desiring 20 present a
counter report, are not prepared to do so,
and will not be till tomorrow morning.
Therefore have cheerfully agreed with
them to make the motion to lay this report
on the table till morning, and not to print it
till the counter report comes in. l, then,
make the motion to lay it on the table
| taking occasion to say to the Convention
| that the day after tomorrow | will call it
up, the report and counter report, for the
action of the body.
Mr.. Williamson, on behalf of tho mi
nOrity, asked that they be allowed until
| tomorrow TO submit a minority report.
| They were not ready to report now, for
| the reason that the majority report did not
assume the shape in which it is now pre-
| sented until the call of the house this
morning. He stated that five members of
the committee could not concur in the re-
lection of the proposition to submit the
| question to a separate vote of the people.
Mr.. Nicholson's motion was agreed to,
and the report was laid on the table.
BILL OF RIGHTS.
On the motion of Mr.. Baxter the Con-
vention took up the unfinished business of
yesterday.
The President-The unfinished business
is the report of the Committee on the Bill
of Rights on the 18th inst The question
the article Declaration of Rights.
1t was ordered to be read by the Sccre-
tary. The 1st, % and Sd sections were
then read, considered and adopted, with
out amendment, as follows:
Section l. That all power is inherent in
the people, and all free governments are
founded on their authority, and instituted
for their peace, safety and happiness; for
the advancement of those ends they have,
at all times, an unalienable and indefeas-
ible right to alter, reform, or abolish the
Government in such manner as they may
think proper.
tuted for the common benefit, the doctrine
of nOn-resistance against arbitrary power
and oppression is absurd, slavish and de-
structive of the good and happiness of
mankind.
Sec. 8. That all men have natural
and irdefeasible right to worship Almighty
God according to the dictates of their
own conscience; that no man can, of
right, be compelled to attend, erect, or
support any place of worship, or to main
tain any minister against his consent; that
no human authority can, in any case
whatever, control or interfere with the
rights of conscience; and that no prefer
enCe shall ever be given, by law, to any
religious establishment or mode of wor-
ship.
The 4th section was then read by the
Secretary, as follows;
Sec. f. That no religious or political
test, other than an oath to support the
Constitution of the United States and of
this State, shall ever be required as
qualification to any Office or public trust
under this State.
Mr.. Kirkpatrick proposed to amend by
inserting the following words: ''except
as now provided by section 3, of the 18th
amendment to the Constitution of the
United States. He wished the clerk to
read that Sd section. The clerk reads. J
l offer that amendment, Mr.. President,
taking this view of the case, that, not
withstanding we perhaps arc sovereign,
supreme here as the people in
General Assembly so FAR as relates to the
exercise of all powers looking to the
establishment of constitutional government
by the people, still we are restrained
by that which it is conceded on
all hands is the supreme law-the
| Constitution of the United States. AAd
| in the view | take of the case, this pro-
posed 4th section of the Bill of Rights is
not in conformity to the 3rd section of the
Fourteenth Amendment Then in order
| to make the amendment effectual, some
other test, than that recommended by the
| Committee is contemplated-that test
looking to the past political status of the
people of Tennessee. With that view of
the case l offer this amendment.
Mr.. Heiskell proposed an amendment
in lieu of the section reported. 1t would
be seen by gentlemen that this was a
change from the old Constitution. (He
read the section reported.) The pro-
vision of the present Constitution, is that
''no religious test shall ever be required
as a qualification to any office or public
trust l concur fully in the report of
the Committee, and the amendment they
have introduced in the Bill of Rights, but
l think in making q provision Of this
character, that we ought to make it so
clear and specific and certain that it will
be impossible that there should be any
mistake about it, in the mind of any in
dividual; and with that view, TO carry out
what consider to be the intention of the
Committee more fully, and render the ex-
preston certain of what we mean,
propose this in lieu of the 4th section:
THAT no religious test, nor any oath re-
lating to conduct prior TO the administra-
ton thereof shall ever be required of any
person in order to the exercise of the right
of suffrage, or the right to hold any pub
lie trust in this State. think that these
words are so specific that no person can
mistake them. If they are not, desire gen.
tlemen to make them so.
The amendment was rejected on di-
vision-affirmative %, negative moi
| counted.
Sec 4, as reported by the Committee,
was then adopted without amendment.
The Secretary then read section 3 a:
follows:
Sec. 5. That elections shall be free and
equal, and the right of suffrage, as here
matter declared, shall never be
denied TO any person entitled thereto, ex
cept upon a conviction by jury of some
infamous crime, previously ascertained