Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1870-01-21

mountain, to the place where it is calleC
Unicoi or Unaka Mountain, between thl
Indian towns of Cowee and Old Chota
thence along the main ridge of the sale
mountain, to the southern boundary Of
this State, as described in the act of ces
sion Of North Carolina to the United
States of America and that all the terri
tory, lands and waters lying west of the
said line, as before mentioned, and
within the chartered limits of the
State of North Carolina, are with.
In the boundaries and limits
of this State, over which the peo-
pie have the right of exercising sove-
reignty, and the right of soil, so far as
is consistent with the Constitution of the
United States, recognizing the Articles of
Confederation, the Bill of Rights, and
Constitution of North Carolina, the
cession act of said State, and the ordi-
nance of Congress for the government of
the territory northwest of the Ohio; Pro-
vIded, nothing herein contained shall ex-
tend to affect the claim or claims of indi-
Viduals to any part of the soil which is
recognized to them by the aforesaid ces-
sion act; And provided, also, that the
limits and jurisdiction of this State shall
extend to any other land and territory
now acquired, or that may hereafter be
| acquired, by compact or agreement with
other States or otherwise, although such
land and territory are not included within
the boundaries hereinbefore designated.
Mr.. Baxter stated that the gentleman
from Shelby objected the other day that
the section was incomplete IS to bound
airy, and he explained that the committee
only undertook to describe the eastern
boundary of the State, and depended for
the rest upon the former boundary of the
State of North Carolina. He stated also
thai the commission appointed to fix a
portion of that boundary had not yet
completed its work
Mr.. Stephens expressed satisfaction, and
the section was adopted as reported.
Sec. 80. The erection of safe and com
Portable prisons, and the humane treat
ment of prisoners shall De provided for.
Sec. 80. That slavery and involuntary
serVitude, except as a punishment for
crime, whereof the party shall have been
duly convicted, are forever prohibited in
this State.
Sec. "a. The General Assembly shall
make no law recognizing the right of
property in man.
The above were adopted without a di-
vision.
Mr.. Heiskell-Before passing over the
Bill of Rights, | am requested by some
gentlemen who are in favor of amending
section IA so as to provide that certain
small otfenses might be prosecuted with
out presentment, Indictment or impeach-
ment, to ask for reconsideration of the
vote adopting that section. Whilst he
was not satisfied with the amendments
suggested at the time of that vote, he was
impressed that an amendment might
be presented to meet his views,
and for that purpose would
move a reconsideration. He hoped the
Convention would at least hear the rea-
sons for reconsideration.
Mr.. Baxter was more opposed to that
proposition than to any thing else that
had been proposed He said they had
had a fair vote on it and desiring to get
through with this Bill of Rights he would
move to lay the motion on the table.
Mr. House, of Montgomery, desired
the gentleman to withdraw his motion.
Mr.. Baxter declined to withdraw it; he
had no objection to the gentleman read
ing his amendment, but did not wan. dis
cussion.
Mr.. House, of MontgOmery-Then
will read my amendment; but the Con-
vention will remember that the discussion
upon yesterday was all on one side.
He read the amendment as heretofore
reported, providing that small offenses
may be tried without the Intervention of
grand jury.
Mr.. FulkersOn demanded the yeas and
nays on the question of reconsideration,
which were taken with the following re-
sult-yeas 80, nays 4O-as follows:
Yays-Messrs. Allen, Arledge, Bate,
Baxter, Blackburn, BLIZZARD, Branson,
Britton, Brooks, Carter, Chowning, Cum
mings, Deaderick, Fielder, Finley, Gibbs,
Henderson, Hill of Warren, Hill of Glib
son, lyle, Jones of Lincoln, Kirkpatrick,
Mabry, McDougal, McNabb, Morris,
Netherland, Sample, Stephens, and
Thompson of Maury-3O.
Nays-Messrs. Brandon, Brown of Da-
wilson, Brown of Henry, Burket, Bur
ton, Byrne, Campbell, Coffin, Cypert,
Davenport, Dibbrell, Doherty, Drom-
goOle, Fentress, Gardner, Garner, Gaut,
Gibson, Gordon, Heiskell, House of VIII
Hansen, House of Montgomery, Jones
of Giles, Kennedy, Key, Kyle, Martin,
Meeks, Nicholson, Parker, Porter of |
Haywood, Porter of Henry, Seay, |
Shepard, Taylor, Thompson of Davidson,
Turner, Warner, Williamson and Wright |
40.
So the Convention refused to reconsider |
On motion of Mr.. Jones, of Giles, the |
further consideration of the report was
postponed till tomorrow to be taken up |
after roll call.
Mr.. Jones, of Giles, also wished to |
enter a motion to reconsider the ninth |
section of the Bill of Rights, intending |
TO call it up tomorrow.
Mr. Burton and Mr.. Baxter objected to |
the motion on general grounds.
The President, Mr.. Jones, of Lincoln, |
in the chair The gentleman from Giles |
is entitled to move to reconsider the ninth |
section; but not to move to reconsideration
of the amendment, he having voted against
the proposition.
The motion was laid on the table
Mr.. Brown, of Davidson, inquired with
reference to the new matter added to the |
25th section, whether it had not better be |
added as the 26th section.
Mr.. Heiskell preferred that it remain a |
part of the 25th section, and made that
motion.
The motion was agreed to.
EXECUTIVE DEPARTMENT.
On motion of Mr.. Brown, of Davidson,
the Convention took up the consideration
of the report on the Executive Depart
ment, which was read by the Secretary.
Article Ill, Section 9. He 1.-THE Gov
ernOr may, on extraordinary occasions,
the General Assembly by Procla-
nation, in which he shall state specifically
the purposes for which they are to con-
vene; but they shall enter on no legisla-
tive business, except that for which they
were specifically called together.
Mr.. Jones, of Lincoln-The Com nit
tee on the Executive Department recon-
mended but a solitary amendments very
simple amendment. As the Constitution
now stands, the Governor may call an
extra session of the General Assembly by
The proposition reported
is to change the time when he shall make
known the purposes for which he may
think proper to convene the Legislature.
That he shall do it in the proclamation;
that is the only change reported. l will
state that the committee had before it the