Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1870-01-15

d. 1 DAACt1 VI l1dNluH SlACulb JuNlSEo duu VIA
cellors and District Attorneys nominal,
: by the Supreme Court and confirmed I
] the Senate.
Referred to Judiciary Committee.
4, NEW COUNTIES AND COUNTY LINES.
By Mr.. Hill, of Gibson
Resolved, That section 10 of article '
of the present Constitution be so amende
as to read as follows: Judges or Justice
of such inferior courts of law and euuit
as the Legislature may establish sha
have power in all civil cases to issue writ
of certiOrGri to remove any cause c
transcript thereof from inferior jurisdiC
ton into said courts of law, on sufficier
cause, supported by oath or affirmation.
Referred to the Judiciary Committee.
IMPEACHMENT.
By Mr.. House, of Williamson:
Resolved, That article V of the Consti
tuion be amended as follows:
Section j. The Governor, Judges O
the Supreme Court, Judges of the Inferio
Courts, Chancellors, Attorneys for tn,
State and Secretary of the State shall b.
liable to impeachment whenever they
may commit any offense in their oficia
capacity which may require disqualified
ton; but judgment shall only extend t.
removal from Office and disqualification
to fill any Office thereafter. The party
shall, nevertheless, be liable to indictment,
trial, judgment and punishment according
TO law.
Sec. 2. The House of Representatives
shall have the sole power of impeaching
the Governor, Judges of the Supreme
Court, the Attorney general of the State
and the Secretary of State.
Sec. 8. All impeachments of any of the
officers mentioned in section 2, shall be
tried by the Senate, and when sitting for
that purpose the Senators shall be upon
oath or affirmation, and presided over by
the senior Judge of the Supreme Court of
the State. If the senior Judge shall be
impeached, then the Senate shall be pre-
sided over by the next senior Judge of the
Supreme Court. No person shall be con-
Victed without the concurrence of two
thirds of the Senators sworn to try the
officer impeached.
Sec. 4. The House of Representatives
shall elect from their own body three
members, whose duty it shall be to prose-
cute impeachment. No Impeachment
shall be tried until the Legislature shall
have adjourned sine die, when the Senate
shall proceed to try such impeachment.
Sec. 5. All Judges of Inferior Courts,
Chancellors and Attorneys for the State
for the several judicial districts or circuits,
shall be liable to impeachment for crimes
and misdemeanors in office, at the in
stance and upon the prosecution of any
citizen in the Supreme Court of the State,
in such manner as the Legislature may by
law direct.
Sec. 6. Justices of the Peace and other
civil officers not hereinbefore mentioned,
for crimes and misdemeanors in office,
shall be liable to Indictment in such court
as the Legislature may direct, and upon
conviction, shall be removed from office
by said court as if found guilty on i'm
parchment, and shall be subject to such
other punishment as may be prescribed by
law. Referred to the Judiciary Com
mittee.
BY Mr.. House, of Davidson and Rob
ertSOn:
Resolved, That the county of Cheat
ham, as now established, be, and the
same is hereby declared 10 be constitu-
tiOnal county.
CHARTERS.
BY Mr. Iyie:
Resolved, That section - of article
- Of the present Constitution be amend
ed so as to prohibit the Legislature of the
State from granting any charter of incor-
poratiOn, except to banks and internal
Improvements, and that no charter shall
be granted for any bank unless the same
shall have capital stock of five hundred
thousand dollars-one half of which shall
be paid in before said corporation shall be
entitled TO do business under the charter.
FRANCHISE.
By Mr.. 7. NJ. Jones, of Giles:
Resolved, That the Committee on
Elections and Franchise be instructed to
amend article " of the Constitution
of Tennessee, that the same shall read
Every free man of the age of twenty
one years, beng citizen of the United
States, and q resident of the State of Ten
nessee two years, and of the county in
which he may offer his vote twelve
months next preceding the day of cleo
ton, and having paid his poll-tax, shall
be entitled to vote for members of the
General Assembly and other civil officers
of the county or district in which he re-
Sides
1t was referred to the Committee on
Franchise and Elections.
COMMON SCHOOLS.
BY Mr.. McNabb:
Resolved, That the Legislature of the
State of Tennessee shall pass a common
school law, and such an one as in their
judgment will be for the very best inter
ests of the children Of the State, and at
reasonable school tax.
Resolved, That no law shall ever be
passed in the State of Tennessee de
barring any man from voting in any cleo
ton in consequence of not having paidhis
tax prior to said election.
1t was referred to :he Committee on the
Legislative Department.
SALARY OF GOVERNOR AND sUPHEME
JUDGES.
BY Mr.. Porter, of Haywood:
Resolved, That the body having the
power TO fix and determine the salary of
the Governor and Judges of the State,
shall not reduce that of the Governor be-
low the sum of 81, per annum; that
of the Judges of the Supreme Court be-
low $4,000 per annum . that of Cham
cellors and Circuit Judges below 81, 900
per annum.
The resolution lies over one day.
JURISDICTION OF MAGISTRATES.
By Mr.. Porter, of Haywood:
Resolved, That reference be had TO the
Judiciary Committee to inquire into and
report to this Convention how far and TO
what extent, if any, the jurisdiction of
Justices OF the Peace in this State, now
obtaining on notes of hand to the sum of
$500, and on open accounts TO the sum of
$3.50, conflicts with article VII of the
amendments 10 the Constitution of the
United States, said article being in words
and figures as follows:
SIN suits at common law where the
value in controversy shall exceed twenty
dollars, the right of trial by jury shall be
preserved, and no fact, tried by a jury,
shall be otherwise re-examined in any
court of the United States than according
TO the rules of common law.
Mr.. Porter, of Haywood, said that he
was aware that the Judiciary decisions of
this State have recognized the constitu-
tionality of the jurisdiction of Justices of
the Peace on promissory notes to the ex-
tent of $500, and $3.50 on accounts.
They have decided that it does not con-
flict with the Constitution, and in trials
before magistrates appeals may be had to
Circuit Courts. That is the mind of ev-
cry lawyer in the State But VIC can't