Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1870-01-14

committee, and the delegate proposing
such resolution shall have five minutes
within which to make any explanatory
remarks he may desire. a
Mr.. House-The amendment which /
propose to the 14th section of the Bill of
Rights, adopts, instead of the language
there employed, the language used in the
Constitution of the United States on the
same subject The language of the Con-
stitution of the United States is this EcNo
person shall be held to answer for capi-
tai or otherwise infamous crime. unless
by presentment or indictment y propose
this language for this reason: As the 18th
section of our Bill of Rights now stands,
it is necessary that for every INSIDE
meanor there shall be a presentment
Or Indictment before the party can be ar
,raigped. l wish to remove that cOnstitu-
tional obstruction, and authoritative Legis-
lature to provide some cheaper and more
expeditions mode of trying misdemcanors.
propose to leave to the Legislature the
| whole subject of misdemeanors-the mode
] of trial and punishment. OF course. that
| principle in the Constitution which re-
| quires the right of trial by Jury. shall
4 ICli1dlu lufltidtC. w 1tJt DlADOSc 10 Uc-
prive any party arraigned of the right of
trial by jury; but l desire that some
classes of misdemeanors may be tried in
cheaper and more expeditions mode. As
it now is, in the county of Rutherford, and
nevery large county the jails are crowded;
and if some mode of relief isnot adopted,
there is serious danger of bankruptcy in
| all the larger counties of the State. They
can't stand it. And believe that the
Legislature has already passed law re-
quiring that the different counties shall
themselves pay theexpenses of their GRIM
nal prosecutions. And repeat that un-
less some other mode is adopted, it win
bankrupt those counties. | can see no
objection to a provision which will allow
the Legislature to provide by law, that
man guilty of petty larceny shall
have cheap, speedy trial-so preventing
expense, and providing that poor men
accused of petty crimes shall not languish
in the jails. l propose to strike down
none of the barriers that have been raised
Tor the protection of the rights of the
citizen. simply wish to put into our
Bill of Rights the language of the Consti-
tuition of the United States
Mr. lvie submitted the following:
q That the President appoint special
committee of one delegate for each judi
cial circuit to report whether any changes,
and if any what changes are necessary to
be made in the Judicial Circuit and
Chancery divisions of the State.
!, Mr.. Ivie-I believe that this was @
matter left entirely to the Legislature by
the Convention of 1884 But it occurs
to me that there are changes which ought |
to be made in the Judicial Circuit and |
Chsncery divisions of the State. And l |
notice this fact, that in some there is a |
great deal of labor performed, and in |
others but little. Under a provision of |
this sort, it seems to me that this labor |
could be better equaGzed. | do not in |
tend it as any infringement upon the bust |
ness of the Judiciary Committee. For /
this committee the chair would appoint |
delegates from different parts of the |
State; and it seems to me that such |
committee could best offer a
remedy for this through the Legs
lature. l am satisfied that some of the |
Judges now do not work more than or
10 weeks in the year, whilst others work
nearly all the time-40 weeks at least.
Mr.. Henderson suggested that the propo-
sition had better lieOver till we hear from |
the Judiciary Committee
Mr.. Ivie acquiesced.
IMPRISONMENT FOR DEBT
Mr.. Kirkpatrick submitted the follow
ing:
Resolved, That the 18th section of the /
Il.
the following substituted; 'No person
shall be imprisoned for debt"
Mr. K said: This 18th section recog-
nizes implicitly a state of facts which
does not exist 1t reads, that the person
of the debtor, where there is not strong
presumption of fraud, shall not be impris-
oned, if he deliver up his assets. The
power TO imprison person for debt has
been taken away long since; and the re-
cOgnitiOn of such state Of fact it seems
to me is nolOnger necessary. 1t is useless
to continue provision in the Declaration
of Rights which has been rendered so
entirely imperative.
By Mr.. Kirkpatrick, of Washington
Resolved, That the 18th section of the
Declaration of Rights be stricken out, and /
the following substituted therefor No
person shall be imprisoned for debt.
Resolved, That the rate of interest in /
this State shall not exceed six per cent.
per annum, and no higher rate shall be
taken or demanded, and the Legislature |
shall provide by law all necessary forfeit
ures and penalties against usury.
BY Mr.. Kirkpatrick:
Resolved, That the General Assembly |
shall pass laws TO protect from execution
a reasonable amount of the property of
debtor, not exceeding in value the sum of |
$500.
Whereas, A general diffusion of knowl-
the rights and liberties of the people, in
asmuch as an enlightened public opinion
is the only conservative power in which
we can confide for the protection of our
republican institutions against fraud, in
trigue, corruption and violence; and,
Whereas, 1t is an object of cardinal
solicitude with this Convention TO provide
for the maintenance within the reach of
every childin the State the means of such /
an education as will qualify him to dis
charge the duties of a citizen of the re-
public; therefore be it
Resolved, That the Committee on Mis-
Cellaneous Provisions be instructed to In
quire into the expediency of providing for
the establishment of uniform system of |
free public schools, for the benefit of all |
the children of this State between the /
ages of five and twenty one years, to be
maintained by taxation or otherwise
FINANCIAL.
By Dir. Mabry-
Whereas, The people of the State of |
Tennessee are in no condition to be taxed /
to pay illegal and unjust obligations; |
therefore,
Be it resolved, That the Committee on |
Finance, Internal Improvements and Cor |
porations take into consideration and re- |
port to this body whether it is properly |
within the province of this body to in |
quire and examine which are legal, and |
which are the illegal obligations of the |
State.
LEGISLATIVE DEPARTMENT. |
BY Mr.. Porter, of Haywood
Resolved, That the appointment of
Secretary of State be vested. alone in the
Governor, subject to the approval and
ratification of the Senate.
Further, That this be referred to the |
committee on said department.
EXECUTIVE DEPARTMENT. |
Addenda to resolution of Mr.. House,
granting veto power to the Governor:
That after the clause, "Every bill which |
may pass both Houses of the General As