666 



TENNESSEE. 



SEC. V. Be it further enacted^ That the votes of the 

 several senatorial, representative, and electoral dis- 

 tricts shall be compared at the several places where 

 the votes for members of the General Assembly were 

 compared in the last August election. 



SBC. 8. Be it further enacted, That no person shall 

 be eligible to a seat in said convention who is not 

 twenty-one years of age, and who has not been a 

 citizen of the State for twelve months, and of the 

 county and district from which he is elected six 

 months immediately preceding the election. 



SBC. 9. Be it further enacted, That all laws requir- 

 ing test-oaths to enable persons to become candidates 

 for office, or requiring judges and clerks of elections 

 to take said oaths, shall not apply to the election un- 

 der this act. 



The first section of this bill, which excluded 

 from a participation in the convention that 

 class of citizens who were disfranchised, was 

 the subject of a protracted and animated dis- 

 cussion. It was contended, by those opposing 

 this feature of the bill, that the call for a con- 

 vention should come from the people, who 

 were the true source of power, and that there 

 is no power, either in the Legislature or the 

 constitution, to prescribe as to who shall vote, 

 when it is agreed that a convention of the 

 people shall be held. This inherent right of 

 the people to call a convention was guaranteed 

 by the constitution, and had never been sur- 

 rendered; nor was it subject to legislative con- 

 trol. It was further claimed that the franchise 

 law had never been recognized as a part of the 

 constitution by any legal tribunal, and that 

 the Legislature had full power to repeal any of 

 its provisions. 



On the other hand it was argued that the 

 franchise law was part of the constitution, and 

 could not be changed by mere legislative 

 action; that "the people had a right to as- 

 semble and elect delegates to a convention for 

 the purpose of altering, or abolishing, the 

 State government only by and with the assent 

 of the existing State government, given by the 

 Legislature ; " and that only those were com- 

 petent to unite in the call for such a conven- 

 tion, who were vested by the constitution 

 with the right of suffrage. The prevailing 

 sentiment of the House was in favor of al- 

 lowing the disfranchised class to vote on the 

 call for the convention, and the first section 

 of the bill was amended so as to read as fol- 

 lows: 



Be it enacted ty the General Assembly of the State of 

 Tennessee, That every male person not convicted and 

 rendered infamous for crime, of the age of twenty- 

 one years, being a citizen of the United States and a 

 citizen of the county where he may offer his vote six 

 months next preceding the day of election, is hereby 

 authorized to assemble on the third Saturday in De- 

 cember, 1869, at the several places of holding elec- 

 tions in their several counties, and vote for or against 

 calling a convention to amend, revise, or form and 

 make a new constitution for the State, and no certifi- 

 cate or other qualification than the foregoing shall be 

 required by the judges holding said election. 



"When the bill came before the Senate for 

 consideration, a minority report of the Judiciary 

 Committee was presented in favor of submitting 

 to a popular vote, including the disfranchised 



class, the following amendments to the consti- 

 tution : 



ARTICLE I., Sec. 1. That every male person, not 

 indicted and rendered infamous for crime, of the ago 

 of twenty-one years, being a citizen of the United 

 States, and of the county where he may offer his vote 

 six months next preceding the day of election, shall 

 be entitled to vote for members of the General As- 

 sembly and other civil officers for the county or district 

 in which he resides. 



ARTICLE II., Sec. 1. The General Assembly of the 

 State of Tennessee shall have power to grant re- 

 prieves and pardons in all cases of conviction under 

 impeachment, two-thirds of both Houses concurring 

 therein. 



This proposition not meeting with the ap- 

 proval of the Senate, the following amendment 

 to the House bill was adopted, but on a sub- 

 sequent reconsideration of the vote was re- 

 jected: 



Be it further enacted, That said delegates when as- 

 sembled in convention shall only amend the constitu- 

 tion of the State as it now exists, in so far as the same 

 has reference to the qualification of voters, to the 

 judiciary, and to the regulation of taxables and towns 

 and formation of new counties, and on these and cog- 

 nate subjects they are clothed with full power; but alj. 

 the other articles and provisions of the constitution 

 of the State, as contained in the constitution of 1834. 

 except so far as they relate to the former condition of 

 slavery, shall be preserved, and not amended, altered, 

 or changed in any way whatever by said delegates. 



The convention bill, having been amended 

 by fixing the number of delegates at seventy- 

 five, passed both branches of the General 

 Assembly. It is made the duty of the Governor, 

 if a majority of those voting be in favor of a 

 convention, "immediately to issue his proc- 

 lamation announcing the result, and said con- 

 vention shall convene in the city of Nashville, 

 on the second Monday in January, 1870." It 

 is also provided that the constitution or form 

 of government which said convention may 

 adopt shall not be of any binding force or 

 efficacy until the same has been submitted to 

 and ratified by the people of the State in such 

 manner and in such time as the convention 

 shall provide. 



At the election held on the 18th of December, 

 50,520 votes were cast for, and 10,020 against 

 the convention; accordingly, that body as- 

 sembled on the 10th of January, 1870. 



The receipts into the Treasury for the year 

 ending September 30, 1869, amounted to $2,- 

 842,209.06, and the expenditures to $2,834,348.- 

 54, leaving a balance of $29,209.54 in the 

 Treasury on the 1st of October. 



The total debt of Tennessee is stated at 

 $39,264,244.55, and is classified as follo.ws : 



STATE DEBT PROPER: 



Turnpike $1,223,356 66 



Bank of Tennessee 1,000,000 00 



' Eailroads 410,250 00 



Hermitage Purchase 48,000 00 



State Capitol 658,000 00 



Total $3,344,606 66 



Funded interest 735,553 00 



Total... ...$4,080,15966 



