Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1870-02-03
they had preferred the plan reported by

Court and three intermediate courts. on
in each grand division of the State. on
Supreme Court of Errors and Appeals an
intermediate or appellate courts-si
Il Judges to constitute the Supreme Court.
Mr. MoDougaI Offered the folIowin
amendment to the majority: Immediatel
after the ratification of this Constitution
the Legislature, by joint ballot of bot
Houses, shall elect a special commission
of two additional judges for each gran,
division of the State, who shall. with tn
Supreme Judges of their respective granC
divisions, constitute three separate Su
preme Courts, with full power and iuris-
diction to hear and determine all causes
now pending or which may be pending
in the Supreme Court at Knoxville, Nash
vile and Jackson, said commission to ex
pire on the = day of -, 1871.
Mr.. Turner spoke strongly in favor of
five Judges of the Supreme Court, and
of the other provisions of the majority
report.
| MI. McDougal's amendment was re-
| jected, after which the Convention took
recess till 2:30P. M. s
| oCSStOARe
Mr.. Jones, of Lincoln, proposed to
amend the first section as reported by the
committee by striking out the words ''Cir-
cult, Chancery and other"
i(On motion of Mr.. Key, the amendment
was laid on the table, by a vote of 80 to
| 18.
MIR. Fentress offered q proposition to the
effect that nine additional Judges be elect
ed by the people, three for each Grand
Division of the Stale, who shall consti-
tute three separate courts, one in-eaeh di-
vision of the State; these Judges to dis
pose of arrears of business and submit
their work to the three Judges who com
prise the Supreme Court proper, to be re-
vised-the provisional court to exist until
the 1st,of January, 1872.
Mr. Thompson, of Davidson, favored this
last proposition; thought it was the best
thing that could be done under the circum-
stances. He thought it was necessary that
the accumulated work should be worked
off. There was no need of having deci-
sions published
Mr.. House, of Williamson, said some
of the most important cases that had ever
arisen in the State were now suspended
in the Supreme Court. He thought by
adopting the system proposed by Mr..
Fentress they would never get through
with business. The Court of Revision,
at Nashville, would be overwhelmed with
business, as every case from Knoxville and
Jackson would come to Nashville
Question of order having been raised,
Mr.. Fentress withdrew his proposition, to
be offered at the proper time when the
schedule should be reached.
Section l, as reported by the COM
mittee, was then adopted.
Section was read as follows:
Sec. 2. The Supreme Court shall con
sist of fire Judges, Of a0hOD1 not more
than t,0O shat reside IN any one Of the
grand divisions Of the State.
The JuIgcS shall designate one Of
their number aCho shall preside as
chief Justice.
The concurrence of three of the Judges
shall in every case be necessary to de-
cisiOn.
The jurisdiction of this court shall be
appellate only, under such restrictions and
regulations as may, from time to time, be
prescribed by law; but it may possess
such other jurisdiction as is now con-
ferred by law on the present Supreme
Court. Said courts shall be held at one
place, and at one place only, in each of
the three grand divisions of the State.
Mr.. Wharton proposed TO amend by re-
ducing the number of Judges from five
to three, so as to make the section identi-
cal with that of the present Constitution.
He thought it was better to have three
than five. There would be less expense,
and he believed that three could do the
work as well as five.
Mr.. Sample proposed to amend by
providing for the election of three tenn
porary Supreme Judges to hold Office
until arrears of business could be disposed
Of.
On motion of Mr.. Porter, of Hay
wood, both amendments were laid on the
table.
Mr.. jones' of Lincoln, proposed to
strike out, in the latter part of the sec
ton, all after the words "shall be held
att and insert "Nashville, Knoxville
and Jackson" The amendment was
adopted
Mr.. McDougal proposed to make the
number of Supreme Judges three. The
amendment was rejected by yeas, 81 nays,
So. The section was then adopted.
Section third was read as follows
Sec. 3. The GOUerHOr Of the State shall
aODsiHate, and 6y md NTH the dctUice and
consent Of tie Senate, shHH appoint the
JadgcS Of the Supreme Court. The c0Ia-
yCTL L. IL,
require tie concurrence of t1o0 thirds Of tie
'n}50Le number required Jy lGD to compose
that body. Every Judge of the Supreme
Court shall be thirty-fve years of age, and
shall, before h5s appointment, haze been n
resident Of tie State fire gears. HIS term
Of service shall be t1celU6 gears.
Mr.. Heiskell, in accordance with the
expressed wish of the Convention, Offered
the following amendment to the first pOr-
ton of the section:
The Judges of the Supreme Court shall
be elected by the qualified voters of the
State. The Legislature shall have power
to prescribe such rules as may be neces-
sary to carry out the provisions of section
two of this article.
The ayes and noes were called, result
ing in the adoption of the amendment by
a vote of A to 81.
Mr.. Campbell Offered the following
amendment, which was tabled by q vote
of SO to 10: provided, that no Indian,
Aztec, African, mulatto or mustee shall
be allowed to vote in any election for ju-
dicial officers in this State"
Mr.. Jones, of Lincoln, proposed to
amend by making the term of service
eight instead of twelve years, as proposed
by the committee. Adopted-yeas, 81;
noes, 81.
Mr.. Baxter proposed to make the pc
Rod of residence three years. Laid on
the table.
Mr.. Campbell moved to amend by max
ing it nine years. Laid on the table.
The section, as amended, was adopted.
Section was then read, as follows:
Sec. 4. The Judges of the Circuit and
Chancery Courts, and of other inferior
courts, shall be elected by the qualified
voters of the district or circuit to which
they are to be assigned. Every
Judge of such court shall be thirty years
of age, and shall, before his appointment,
have been a resident of the State fire
years. HIS term Of ScrUice shall be ten
gears.
Mr.. Mabry proposed TO amend by in
sorting, after the words GIVE years" cor
native born citizen"
Mr.. Bates moved TO strike out all in re-
lation to residence in the State. He said
he could never descend 10 this petty
spirit of prescription. Let people from
every portion of the country come in and
be citizens; encourage talent.
Mr.. Campbell was afraid some carpet
i l.