Imagens das páginas
PDF
ePub

4th. Resolved, That all Judges shall be elected by the joint vote of the General Assembly.

MR. KIMBROUGH's resolution of yesterday, prohibiting the introduction of resolutions, was on his motion taken up and read, and while under discussion,

The Convention, on motion of Mr Burton, adjourned.

FRIDAY, MAY 23, 1834.

The Convention met according to adjournment, and was opened with prayer by the Rev. Mr. PITTS, of the Methodist Episcopal Church. Mr. Hess submitted the following:

Resolved, That the President draft and make known to the Convention, the order in which business shall be taken up and acted upon; and the rule being suspended, said resolution was adopted.

Mr. KINCAID presented the memorial of sundry citizens of Bedford, Lincoln, Giles and Maury counties, praying an alteration or amendment of the 9th article, 4th section of the existing Constitution, which declares that, "No new county shall be established by the General Assembly, which shall reduce the county or counties, or either of them, from which it shall be taken, to a less content than six hundred and twenty-five square miles"-so as to authorise the General Assembly hereafter to lay off and establish new counties, where the same may be done without reducing the older counties, from which such new county may be taken to a less content than four hundred square miles. The said memorial being read at the Clerk's table,

MR. CAHAL moved its reference to the Committee on Propositions and Grievances.

MR. J. A. M'KINNEY moved that it be referred to a Select Committee.

Mr WHITE moved to amend the motion of Mr M'Kinney, by referring it to a Select Committee of thirteen, to be composed of one member from each Congressional District; which amendment was accepted by Mr. M'Kinney.

MR. GRAY moved to lay the memorial on the table, but afterwards withdrew his motion, when Mr Greene submitted the following:

Resolved, That the Committee on Propositions and Grievances he increased to the number of thirteen, and that one member thereo taken from each Congressional District in the State, and that all pet.. tions and memorials presented to this Convention on the subject of reducing the boundaries of the old, and creating new counties, be referred to said committee.

Mr. Fulton thereupon renewed the motion to lay on the table, which prevailed.

On motion of MR. ALLEN, the report of the committee, of which he is Chairman, made on yesterday and ordered to the table, was taken up and read.

MR. CAHAL offered the following in lieu of all the resolutions con

tained in the report, to wit: 1st. Resolved, That a Committee of fifteen, one of whom shall be from each Congressional District, be appointed, to take into consideration the Legislative Department of the Government, as established by the present Constitution, and report to this Convention whether any, and if any, what amendments or changes are necessary therein.

2nd. Resolved, That a Committee of fifteen, one from each Congressional District, be appointed, to take into consideration the Executive Department of the Government, as established by the present Constitution, and report to this Convention whether any, and if any, what amendments or changes are necessary therein.

3rd. Resolved, That a Committee of fifteen, one from each Congression District, be appointed, to take into consideration the Judicial Department of the Government, as established by the present Constitution, and report to this Convention whether any, and if any, what amendments or changes are necessary therein.

4th. Resolved, That a Committee of fifteen, one from each Congressional District, be appointed, to take into consideration the Bill of Rights, and all such parts of the present Constitution as cannot be exclusively and appropriately referred to either of the foregoing Committees, to inquire and report to this Convention whether any, and if any, what amendments or changes are necessary therein.

5th. Resolved, That all Resolutions, which propose an amendment or change in the present Constitution, be referred to the Committee having charge of that branch of the Government to which it properly belongs.

In lieu of which, Mr. CANNON offered his resolution of Wednesday last, declaring it expedient to go into Committee of the Whole, for the purpose of taking up, examining, and considering the existing Constitution in detail, by articles and sections.

And in lieu of all which, MR. KINCAID offered the following:

Resolved, That it is and will be the most expedient course of proceeding for the Convention to take up the Constitution by articles and sections, commencing with the first in the order in which they are arranged, and receive propositions to amend each article and section that may be thought to require amendment, acting upon the merits of each proposition after discussion and full deliberation, thereby making substantially the several amendments to the respective parts of the Constitution, which it would be deemed proper to make. And to attain those ends the more easily, the Convention could resolve itself into a Committee of the Whole upon any proposition or propositions, for The purpose of facilitating the business, when it would seem expedient to do so.

And while the same was under discussion, Mr. JOHN A. M'KINNEY moved an adjournment, which prevailed.

SATURDAY, MAY 24, 1834.

The Convention met according to adjournment, and was opened with prayer by the Rev. Mr. Garrett of the Methodist Episcopal Church.

MR. CAHAL presented the petition of sundry citizens of Maury county, on the subject of Emancipation:

And MR. MONTGOMERY, the petition of sundry citizens of Humphreys county, praying that the Tennessee river be made the dividing line between that and other counties:

Both of which were severally read and ordered to the table.
MR. HUNTSMAN submitted the following:

Resolved, That the Treasurer of Middle Tennessee make arrangements with either of the Banks in the city of Nashville, for such an amount of money as may be necessary for defraying the expenses of this Convention:

And that the Treasurer of the Western District be, and he is hereby directed, to transfer whatever public moneys may be in his hands, to the Treasurer of Middle Tennessee, at as early a period as practicable.

And the rule requiring resolutions to lie one day on the table being suspended, on motion of Mr. Huntsman, said resolution was adopted. Mr. CANNON submitted the following:

Resolved, That the following be adopted as one of the Rules for the government of the proceedings of this Convention:

That when any subject or motion is under debate, and a motion is made to lay it on the table, it shall have precedence, and the question shall be decided without debate.

Mr. M'GAUGHEY, the following:

1st. Resolved, That the Convention take into consideration the propriety of amending the 2nd section of the 1st article, so as to insert the word 'free,' before the word taxable, so as to make it read 'free taxable inhabitants'; and that they strike from the present Constitution, so much of the 7th section as requires a person to possess, in his own right, in the county which he represents, not less than two hundred acres of land; and that they so amend the 24th section of the same article, as to prohibit members of the General Assembly from being eligible to any office where the power of appointment shall vacate his seat during the term for which he had been elected; and that they also so amend the 26th section, as to tax land according to quality.

2nd. Resolved. That the Convention take into consideration the propriety of so amending the 3d article of the present Constitution, as to allow no one individual more than one vote in any election; and that they amend the 3d section of said article, so as to require an individual who may be called on in the capacity of a Representative to vote, to give his vote viva voce, to be entered upon the Journals for the inspection of his constituents.

3rd. Resolved, That the Convention take into consideration the

propriety of so amending the 3d section of the 4th article of the present Constitution, that no person shall be convicted without a concurrence of two thirds of the whole Senate.

4th. Resolved, That the convention so amend the 2d section of the 5th article of the present Constitution, which provides for the appointment of Judges of the several Courts of law and equity during good behaviour, as to require them to be elected for a limited period of five or seven years; and that they so amend the 12th section of the same article, as to give the election of Justices of the Peace and Constables, to the people of their respective Captains' Companies, to hold their offices for two years, and that the removal of any Justice of the Peace or Constable out of the company for which he was chosen, shall vacate his office.

5th. Resolved, That the Convention so amend the 6th article of the present Constitution, as to give the election of Sheriffs, Clerks, Trustees and Registers, to the people of the several counties, to hold their offices for two years, except Clerks, who ought to be elected for four years, and that the Circuit Courts be vested with power to try the impeachments of Justices of the Peace, and of all county officers.

6th. Resolved, That this Convention shall so amend the present Constitution, as to require it to be submitted to the good people of this State for their approval or rejection.

Mr. NEAL, the following:

Resolved, That it is inexpedient for the Legislature of the State of Tennessee, to charter any Bank in the State, without making the individual property of the stockholders, both real and personal, liable for the redemption of the notes issued by such Banks, in proportion to the stock owned by each stockholder.

And the following:

In order to derive the greatest benefit from the right of trial by Jury

Resolved, That great care ought to be taken, that none but qualified persons should be appointed to serve; and that jurors should be appointed in the following manner :

There should be one or more elected by the qualified voters in each Captain's Company, to serve for one year, who should receive for their services a compensation to be ascertained by law, and should be classed and serve in such a manner as shall be most conducive to an enlightened and impartial administration of the laws.

MR. NELSON, the following:

1st. Resolved, That it is expedient for this Convention to take into consideration the propriety of regulating and restricting the right of appeal from such inferior to such superior Courts as are or may be established.

2nd. Resolved, That it is also expedient for the Convention to take into consideration the propriety of taking from County Courts all jurisdiction, except county business, and giving to the Circuit Courts jurisdiction of all jury trials.

And Mr. BLOUNT, the following:

Resolved, That a General Committee of twenty six members, two from each of the Congressional Districts, be appointed to examine into the present Constitution of this State, according to the arrangement of he different articles, sections and miscellaneous provisions, including the Bill of Rights expressed therein, taking them up article by article, and section by section, beginning with

1st. The Bill of Rights:

2nd. The Legislative Department:

3rd. The Executive Department in chief, and its several branches -say State Department, Treasury Department, and the great body of the Militia:

4th. The Judicial Department, and the kind and character of the different Courts of law and equity or chancery composing said Department, including the office of Attorneys and Solicitors General, Clerks, Masters in Equity or Chancery; and also all ministerial officers, as Sheriffs, &c. for the service and execution of process; and also all Courts of municipal regulations, and the ministerial officers for the same; and to make special reports thereon, according to the above mentioned articles and provisions of them severally, in due order of common place arrangement respectively; and also to point out and enumerate specifically such amendments, if any, as experience of any defects of, or in said articles and provisions may have taught the necessity or propriety of amending, or of being added thereto in any of said three chief Departments, or in said Bill of Rights; and also clearly and emphatically to state in said report or reports, an enumeration of the powers proper to be delegated, the powers reserved to the people or intended to be reserved to them in the Bill of Rights, and also all powers prohibited in connection with the powers reserved in the Bill of Rights. Also, all powers granted to any one of the three chief Departments of the Government, as well as those prohibited to any other Department, whether said powers relate to the great general interests of the State, to those of the People, or to any particular department, or to any particular set of officers, or public functionaries; and so to be specified as that one department and its officers of administration shall not interfere with another, and in such manner as to show that our government shall be one of laws only, and not a government of men, and so as that every citizen shall have right and justice done him, safely and without oppression, quickly and without delay, without sale or denial, leaving nothing to construction.

2nd. Resolved, That said General Committee report all needful, or, in their opinion, any proper amendment respecting provisions for fixing and regulating the elective franchise, in point of age or other qualification, and for preserving the purity of all elections. That they report needed amendments in the provision relating to any qualification of any officers of any department of the Government, together with an outline of suitable checks therefor. That they report all needed amendments relating to general or special provisions of a miscellaneous

« AnteriorContinuar »