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

Declaration of Rights be so amended as
to read as follows; 'sThat no mans par
, ticular services shall be demanded or pro-
} perty taken or applied to public use with
out the. consent of his representatives, or
without Just compensation therefor, and
as to any property taken for the public
use without the consent of his represen-
tatives, or without Just compensation
) therefor, and as to any property taken for
the public use without the consent of the
owner, a Just compensation shall be made
therefor at the time. or before the said
property is taken.
PROPOSED AMENDMENTS. -
By Mr.. Gibson:
Article =, section. The Legislature
shall remit or release any pecuniary or
other penalty, debt or claim due or accru-
ing to the State, OF audit, allow or. direct
to be paid any private claim or account
against the State, or pass any special law
relative to the foregoingmatters. But the
Legislature may pass general laws where,
under such penalties, debts or claims due
or accruing to the State may be RENTED
or released and where, under such claims
or accounts against the State mag be aud
tied and allowed, and may appropriate
money to pay these last claims or accounts.
But this section shall not be so construed
as to refer to official salaries or other COM
pensation fixed by law, or to payment for
such work or materials as may have been
| or may hereafter be authorized by law,
or to the necessary and incidental expen-
ses incurred by the Legislature or a Con-
stitutional Convention while in session.
| By Mr.. Gibson.
| Article =, Section - The credit of
the State shall never be given or loaned 10
| or in aid of any individual association or
corporation, nor shall the State subscribe
| for or purchase shares, stock or any other
corporation or other private enterprise,
and every act appropriating public money
| or property for or to any purpose other
than to meet the ordinary expenses of
| government and existing liabilities, shall
receive two-thirds vote and the yeas and
nays shall be entered on the journals.
By Mr.. Gibson:
Article =, section =. No extra or in. |
creased pay or compensation shall be
| voted, given or allowed by the Legisla |
ture to the members or officers thereof, !
| or TO any other officer or agent of the |
State, on any pretense or in any shape
| whatever. But the compensation of |
every officer shall be declared aud |
fixed by law, and shall not in any way |
be increased, diminished or varied dur |
ing incumbency. And all compensa- |
ton shall be paid ia such funds as are |
received at par at the State Treasury |
By Mr.. Gibson:
Article -, section -, The officers of |
the State Treasury, and all the State reve-
nue. officers, shall be liable on their official |
bonds, for any moneys paid by them in \
violation of the Constitution. But the |
written opinion of a majority of the
Judges of the Supreme Court shall be suf- |
ficient authority in all doubtful cases.
Article -, section -. The public debt |
of the State shall never exceed five per |
centum of the taxable wealth of the |
State; and no public money shall be voted
for any purpose by the Legislature other
than to pay or provide for existing Gabil-
ties and the ordinary expenses of the State
Government until said debt is reduced to
the limit fixed by this section.
By Mr.. House of Montgomery-In the
14th section of the Bill of Rights, strike
out the words ''shall be put to answer
any criminal charge" and insert inlieu
thereof the following "Shall be held to
answer for capital or otherwise infamous
crime" In said section strike out also the
words '"free man," and insert in lieu
thareof the word ''persons" so as to make
said section read as follows: "That no
person shall be held to answer for capt.
tai or otherwise infamous crime, but by
presentment, indictment or impeachment.
RULES.
Nh Fentress submitted proposition
for the amendment of the rule requiring
propositions to lie over one day by adding
these words: ''But resolutions may be
referred to their appropriate committees
at the time of their presentation" And
he moved to suspend the rule, for its con-
sideration at this time.
Mr. Baxter moved to lay the motion TO
suspend on the table.
Mr.. Hieskell requested the gentleman
from Knox not to insist on his motion.
Mr.. Baxter withdrew his motion TO lay
on the table.
The rule was suspended for the consid-
Grafton of Mr.. Fentress' resolution.
Mr.. House, of Montgomery, proposed
to amend the proposition by substituting
these words: ''BHt resolutions proposing
amendments to the Constitution shall be
referred at once to the appropriate COM
mittee, and the member proposing the
same shall have five minutes to make any
explanatory remarks he may desire"
1t strikes me, sir, that it is necessary
that we should pass such 2 resolution as
that. | can see no reason why PROPOSE
tons proposing amendments to the Con-
stitutiOH should be kept on the table for
one day. 1t can serve no purpose but to
delay the action of committees; and if
gentlemen ever wish to make explanatory
remarks, it is at the time their PROPOSE
tons are presented, and the Convention
and the committees should have the ben
eft of their ideas.
Mr.. Fentress-I accept the amendment
in lieu, and / hope gentlemen will adopt
the rule as now presented. II is necessary
that every delegate should have the oppOr-
tunity, when his resolution is introduced,
of briefly setting forth TO the body the
real purport of it, and the reason for in
Producing it.
Mr.. Brown, of Davidsop-lt is the
wish of some gentlemen around me, and
perhaps proper to be done, and would
suggest that the proposed rule be printed
along with the permanent rules of the
Convention.
The rule was then. adopted without
division.
The Pres ident-Isit the pleasure of the
Convention to order that those PROPOSE
tons which have already been read under
the roll-call shall also be referred!
Mr. Kennedy move that all the
propositions presented this morning under
the former rule be referred now; and that
delegates proposing them have Opportu-
nifty to explain.
The motion was agreed to.
Mr.. Burton-Mr. President: In
explanation of the object of the
resolution that had the honor to present,
l desire to call the attention of the Con
vention to the fact that by the 14th Sec
ton of the bill of rights no offender can
be brought to trial without the tedious
and expensive preliminary examination of
the Grand Jury. The consequence is that
petty offenders lie in jail from term TO
| term awaiting the slow forms of trial by |
| indictment or presentment. For it is |
rarely that any of these offenders give
bail. It thus happens that the jails of all |
the large counties are crowded with pris- |
oners held at a ruinous expense to the |
| counties, and believe that if no remedy |