Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1870-01-19
ton remains Therefore. l can't see the

amend by Striking OUT all tIe TtsoIuttOn
except the words, ''Tbat elections shall be
: free and equal
Mr.. Carter proposed, to avoid mis-
: understanding, to read what he had to say,
as he had prepared it in writing. But
the present noise and clatter from the me-
chanics repairing the roof of the Court
{ house induced him TO desist, and then, on
motion of
{ Mr.. Nicholson, the further consideration
, of this question was passed over for the
: present.
The Secretary then read section OF
the report, which is as follows: ''That
the right of trial by Jury shall remain in
violate"
Mr.. House, of Montgomery wish to
offer an amendment to section 6, which
l will read: Add these words, Sand no
political test shall ever be prescribed by
the Legislature as qualification for Ju-
rors."
Mr.. Turner have an amendment in
lieu. l propose that the resolution shall
read: ''The right of trial by jury shall
remain inviolate, and no religious or po-
litical test shall ever be requiredas a quail
fication for jurors"
Mr.. House accepted the substitute.
Mr.. Porter, of Haywood, offered q
long proposition which he read as an
amendment to the amendment of Mr..
Houses but which was not sent up. On
motion of Mr. Fulkerson it was laid on
the table.
Mr.. Seay proposedtO amend the amend
ment by appropriately inserting these
words: EITHER directly or indirectly"
Mr.. Gibson-Would that not prohibit
any oath from being administered 10 ju-
rorsl 1t rather seems to me that an oath
is a religious test, and that if we adopt
these amendments we prohibit any
oath from being administered to jurors.
| On motion of Mr.. Fulkerson, Mr.. Seay's
amendment was tabled and the question
required on the amendment of Mr.. Turner
as accepted by Mr.. House.
Mr.. Gibson proposed to amend by ap-
| prOpriately inserting these words, ''other
than an oath"
Mr.. Turner certainly did not intend
to cut off the right of requiring an oath
| of jurors, as it now is. It is of the high
| est Importance that jurors should act under
the sOlemnity of an oath. The only OBJ
| lection was to inhibit political or religious
| tests. think the amendment as it is now
offered leaves the Legislature with full
authority to prescribe the oath; and if the
| Legislature did not prescribe the oath,
| certainly the courts would require it be-
| fore the jury would be permitted to sit.
Mr.. Sample concurred in the opinion
that an oath was a religious test in some
| sense.
Mr.. Porter, of Henry, demanded the
previous question, but there was no sec
ond.
Mr.. Gibson now modified his amend
ment so as to read ''other than the Ordin-
airy jurors oath of common law"
On the motion of Mr.. FulkerSOn, the
amendment was laid on the table.
The question now REQUIRED on the
amendment of Mr.. Turner, as accepted
! by Nj. House.
Mr.. Baxter-That amendment of Mr..
Turner ought TO be adopted. He
| thought so when it was first submitted a
few days ago.
Mr.. Fentress-There is now law of the
land which provides that no person who
denies future state of rewards and pun
| ishments is competent as a juror be-
cause when that is denied that such per-
son assuming the obligation of an oath Is
under no sanction at all. l would ask if
this does not do away with the power of
| the Legislature to secure to every man the
| right that juror shall be of such q cast
| as to acknowledge the sanction Of an oath?
Mr.. ThompsOn-Mr. President, allow
me to suggest: by emitting the word reli-
gious here it might do away with all diff
II, his ind Of
Mr.. Turner-I offered that with a view
of meeting the question. For we expect
to pass upon a Constitution to last for
years; we may expect that we shall have
times, both of political and religious eX-
| element.
Mr.. Fulkerson-I have offered my OBJ
! jections to the different amendments pro-
posed, and would say that am just as
afraid of a preacher as of politician.
Mr.. Fentress moved to amend by strik-
| ing out the word religious" The ground
| of the motion was the fear that some re-
| ligiOus denomination might sometime get
the power to dominate In English law
the administration of justice is founded
upon the binding obligations of an oath,
and the oath is binding because the indi-
| Yidual believes that he is responsible
| and answerable to just God.
Mr.. Baxter said, we have just adopted
the fourth section, and if the word
religious" is Objectionable here it must
| be Objectionable there If the word
means the same thing with reference to
| jurors as with reference to officials and
others. There was something of the same
| kind required in the seventh section,
inhibiting persons who deny the exist
ence of a God. We give no preference
as between different religious parties, but
| recognize this as a christian country, aC-
knowledging the existence of God. 1t
seemed to him that these objections were
rather hypercritical and visionary. He
did not think that an oath to do impair
| tial justice between parties should be re-
| garded as test at all.
| Mr. Brown, of Davidson, had not seen
any great necessity for the amendment
| Offered. With respect to the criticism
on the word " religious he could not
think we need be curious to inquire
whether a jury could be got up without
any religious obligations. He stated his
understanding of religious and political
tests. A religious test does not mean the
trial whether a man believes that there
are future rewards and punishments, but
the meaning of this in the Constitution is
the particular form of his faith; and
hence it is prescribed that no test shall be
required of man to sit on jury, as 10
whether he is a Presbyterian or a MethO
dist or a Roman Catholic.
4 man may be religious and still have
no denominatiOnal belief or party This
test looks to the UNCONVENTIONAL relations,
not down into the essence of a mans con-
scious. Religious tests determine wheth
er a man belongs to this religious party
or that, AMI political tests determine
whether a man acts with or against the
Government. Political tests have come to
be pretty will defined in this country
as well as any other phraseology TO be
found in the Constitution or laws. You
could not apply test in a religious sense
to an Individual here, because perchance
he does not for the hour belong to any
religious denomination, for there is not
perhaps man amongst us, who has not
some religious belief. Religious tests
therefore distinguish men as simply Ma
hommedans, Catholics or Protestants.
AS to belief in the doctrine of rewards
and punishment, it repels all ideas
which gentlemen seem to meet with.
Mr.. Fentress-The object of my motion
to amend being merely to get the sense of
the Convention, now withdraw it.
Mr. Turner'S amendment, as accepted
by Mr.. House, was then agreed to, and
| the 9th section as amended was adopted.
| Goot;opa aDd = uprn thpn road