and the time fixed for the vote of the people, may be had; having also the utmost confidence that when said subject has been discussed, deliberated upon and weighed, the people will do right. It is recommended that this Convention adopt the following, to-wit: That on the day of —, A. D. 18—, the polls shall be opened at the respective voting places in each County in this State, by the proper officers; and those who are in favor of extending the right of suffrage to the negro equally with the white man, shall have printed or written on their ballots, "negro suffrage," and those who are opposed to the negro being allowed equally with the white man the right of the elective franchise, shall have written or printed on their ballots, "white suffrage," and in case a majority of the qualified electors vote in said election "negro suffrage," then the word "white" in the first line of Article IV, Section 1, of the Constitution of Tennessee, shall be stricken out; but if a majority of said electors shall vote "white suffrage," then said section shall read as follows, to-wit: "Every free white man, of the age of twenty-one years, being a citizen of the United States, and a citizen of the county wherein he may offer his vote, six months next preceding the day of election, shall be entitled to vote for members of the General Assembly and other civil officers for the County or District in which he resides." Respectfully submitted, JAMES FENTRESS, W. CUMMINGS. REPORT OF COMMITTEE ON PRINTING. Mr. GARNER, from the Committee on Printing, made the following report: The Committee on Printing have had under consideration the resolution offered by Mr. Thompson, of Maury, relative to the printing of stenographic reports of the proceedings of this Convention, and have instructed me to report the following resolution, and recommend its adoption, viz.: Resolved, That the Committee on Printing be authorized to contract with the Public Printers of this State, Jones, Purvis & Co., (Proprietors of the Union and American and Republican Banner) for stenographic reports of the proceedings and debates of this Body, and for the printing and binding of 2000 copies of said reports, in one volume, to be as well done as Caldwell's Reports of the Decisions of the Supreme Court of Tennessee. All to be done under the supervision of said Committee, and the prices for the printing to be those fixed by law. Respectfully submitted, JOHN E. GARNER, Chairman.. On motion of Mr. Key, the resolution and report was laid on the able. BILL OF RIGHTS FURTHER CONSIDERED. The Convention proceeded to the consideration of the report of the Committee on the Bill of Rights, the unfinished business of yesterday. On motion of Mr. NICHOLSON, the 5th section, which was passed over informally yesterday, was taken up. Mr. CARTER submitted the following amendment : Mr. CARTER demanded the yeas and nays, which were ordered, and the resolution was rejected. Those voting in the affirmative are: Messrs. Allen, Arledge, Brown of Carrol, Gibson, Madison, and Henry, Bate, Cummings, Campbell, Carter, Deavenport, Deaderick, Dromgoole, Fentress, Fielder, Gordon, Hill of Gibson, Jones of Lincoln, Porter of Henry, Turner, Taylor, Wright, and Williamson-20. Those voting in the negative are: Messrs. Burkett, Brown of Davidson, Branson, Baxter, Britton, Brooks, Byrne, Blizard, Burton, Brandon, Coffin, Chowning, Cypert, Dibbrell, Doherty, Finley, Fulkerson, Gaut, Gibson, Gardner, Gibbs, Garner, Henderson, Hill of Warren, Heiskell, House of Williamson, House of Davidson, Robertson, and Montgomery, Ivie, Kirkpatrick, Key, Kennedy, Kyle, Martin, Mabry, Morris, Meeks, McDougal, McNabb, Netherland, Nicholson, Porter of Haywood, Parker, Seay, Stephens, Staley, Sample, Shelton, Thompson of Davidson, Thompson of Maury, and Warner-50. The fifth section, as reported by the Committee, was then adopted by the Convention. Sections 10, 11, 12 and 13 were adopted as reported by the Committee. Section 14 was taken up, when Mr. HOUSE of Davidson, Robertson and Montgomery, offered the following in lieu of said section: Strike out the 14th Section of Bill of Rights, and insert in place thereof the following: No person shall be held to answer for a capital or otherwise infamous crime except by presentment, indictment or impeachment; but the Legislature, in case of petit larceny, and in cases of assault, assault and battery, affray, riot, unlawful assembly, vagrancy, and other misdemeanors of a like character, may dispense with inquest of a grand jury, on indictment or presentment, and may authorize prosecutions for such offences, before such inferior court or courts as may be established by the Legislature; and the proceedings in such cases shall be regulated by law. Provided, That all defendants, so arraigned, shall have the right of trial by jury, unless the same shall be expressly waived in such mode as may be established by law. Mr. WARNER offered the following in lieu of Mr. House's amend ment: "Except in cases of misdemeanors." So said section would read thus: That no citizen shall be put to answer any criminal charge but by presentment, indictment, or impeachment, except in cases of misdemeanors, when the crime does not merit imprisonment as a penalty. Mr. BAXTER moved to lay the amendment and the amendment in lieu on the table. Mr. HOUSE, of Montgomery, demanded the yeas and nays, which were ordered, and the motion to lay on the table sustained. Those voting in the affirmative are: Messrs. Allen, Arledge, Bate, Baxter, Blizard, Branson, Brandon, Britton, Brown of Davidson, Burkett, Byrne, Carter, Coffin, Cummings, Cypert, Deaderick, Fentress, Fielder, Finley, Garner, Gaut, Gibbs, Gibson, Heiskell, Henderson, Hill of Warren, Hill of Gibson, Ivie, Jones of Lincoln, Kirkpatrick, Mabry, McDougal, McNabb, Martin, Meeks, Morris, Netherland, Parker, Sample, Shepard, Shelton, Stephens, Thompson of Maury and Williamson 44. Those voting in the negative are: Messrs. Brooks, Brown of Henry, etc., Burton, Campbell, Chowning, Deavenport, Dibbrell, Doherty, Dromgoole, Fulkerson, Gardner, Gordon, House of Williamson, House of Davidson, Robertson, and Montgomery, Kennedy, Key, Kyle, Nicholson, Porter of Haywood, Porter of Henry, Seay, Staley, Taylor, Thompson of Davidson, Turner, Warner, and Wright-27. On motion of Mr. BAXTER, the section was amended by striking out the word citizen and inserting person. Mr. HEISKELL moved to amend by inserting "free man" in lieu of person. Mr. HEISKELL demanded the yeas and nays on his amendment, which were ordered, and the amendment rejected. Those voting in the affirmative are: Messrs. Burkett, Campbell, Carter, Deaderick, Deaven ort, Drom goole, Fentress, Fielder, Fulkerson, Garner, Gibbs, Gordon, Heiskell, Fenderson, Hill of Gibson, Jones of Lincoln, Kirkpatrick, Kyle, Morris, Netherland, Porter of Henry, Shepard, Taylor, Thompson of Davidson, Thompson of Maury, Turner and Williamson-27. Those voting in the negative are: Messrs. Allen, Arledge, Bate, Baxter, Blizard, Brandon, Branson, Britton, Brooks, Brown of Davidson, Brown of Henry, etc., Burton, Byrne, Coffin, Cummings, Cypert, Dibbrell, Doherty Finley, Gardner, Gaut, Gibson, Hill of Warren, House of Williamson, House of Davidson, Robertson, and Montgomery, Ivie, Kennedy, Key, Mabry, McDougal, McNabb, Martin, Meeks, Nicholson, Parker, Porter of Haywood, Sample, Shelton, Staley, Stephens, Warner and Wright-43. The section, as amended, was then adopted by the Convention. Mr. FENTRESS offered the following amendment to Section 15: Resolved, That the following words be added as an amendment at the end of the 4th line of the 15th Section of the Bill of Rights: "And then only to soldiers in actual service." So that the same shall read as follows: Sec. 15. That all prisoners shall be bailable by sufficient sureties, unless for capital offences, when the proof is evident, or presumption great. And the privilege of the writ of habeas corpus shall not be suspended, unless when in case of rebellion or invasion the General Assembly shall declare the public safety requires it, and then only as to soldiers in actual service. On motion of Mr. BAXTER, the amendment was laid on the table. The section, as reported by the Committee, was then adopted by the Convention. Section 16 was adopted as reported by the Committee. Mr. NETHERLAND proposed the following amendment to Section 17: Be it resolved, That Section 17 be amended by adding the words: "In the same tribunals and in the same remedies as suits against individuals." Mr. GIBSON submitted the following additional amendment : "The Legislature shall pass laws whereunder suits may be brought against the State." Mr. WILLIAMSON submitted the following, in lieu of the last clause of the section: "Provided, No suit shall be brought against the State." On motion of Mr. HEISKELL, the pending amendments were laid on the table, and the section, as reported by the Committee, was adopted. Mr. MCDOUGAL submitted the following amendment: Strike out the 18th section and insert in lieu thereof: The Legislature shall pass no law authorizing imprisonment for debt in civil cases. Mr. BAXTER moved to lay the amendment on the table, and demanded the yeas and nays, which were ordered, and the motion to lay on the table failed. Those voting in the affirmative are: Messrs. Allen, Baxter, Brooks, By ne, Blizard, Burton, Carter, Dromgoole, Finley, Gardner, Henderson, Heiskell, House of Davidson, Robertson, and Montgomery, Ivie, Key, Kennedy, Martin, McNabb, Porter of Haywood, and Sample-20. Those voting in the negative are: Messrs. Arledge, Burkett, Brown, of Davidson, Britton, Brandon, Brown, of Henry, etc., Bate, Cummings, Coffin, Campbell, Chowning, Cypert, Dibbrell, Deavenport, Deaderick, Doherty, Fulkerson, Fentress, Fielder, Gaut, Gibson, Gibbs, Gordon, Garner, Hill, of Warren, Hill, of Gibson, House, of Williamson, Jones, of Lincoln, Jones, of Giles, Kirkpatrick, Kyle, Mabry, Morris, Meeks, McDougal, Netherland, Nicholson, Porter, of Henry, Parker, Seay, Stephens, Staley, Shelton, Thompson, of Davidson, Thompson, of Maury, Turner, Taylor, Wright, Williamson and Warner-52. Mr. HOUSE, of Williamson, offered the following amendment, in lieu of Mr. McDougal's: Strike out 18th Section and insert: That imprisonment for debt cannot exist in this State except for fines and penalties imposed for violation of law. Mr. WRIGHT demanded the previous question, which was sustained, and a vote had on Mr. MCDOUGAL'S amendment, which was adopted, and Section 18 as amended was adopted by the Convention. On motion of Mr. WRIGHT, the Convention adjourned until tomorrow morning, 10 o'clock. |