State Convention.
Tuesday, Nov. 26, 1861.
The Convention was opened with prayer by
the Rev. Dr. Burhows, of the First Baptist Church.
Re-Organization of the Militia.
Mr. G. W.
Randolph, from the
Committee on the Re-organization of the
Militia, prezented the following:
‘"
Resolved, That the further calling of the Committees be dispersed with, and that from and after to-day the ordinance for the re-organization of the militia be made the order of the day during the morning hour until the consideration thereof shall be completed."’
Adopted.
The Judiciary.
The Convention resumed the consideration of Article VI.
of the
Constitution, the pending question being
Mr. Wysor's motion to strike out the 1st section and insert: ‘"The judicial power shall be vested in one Supreme Court of Appeals, and in such inferior Courts as the General Assembly may from time to time ordain and establish, and in the
Justices of the Peace"’
Mr. Holcomes offered the following substitute, which was accepted by
Mr. Wysor:--‘"The judicial power shall be vested in a Supreme Court of Appeals, in such superior Courts as the General Assembly may from time to time ordain and establish, and the
Judges thereof, in the county and corporation Courts, in the
Justices of the Peace, and in the magistrates who may belong to corporate bodies."’
Mr. R. Y.
Conrad moved to amend the amendment by striking out the words ‘"in shon superfor courts as the General Assembly may from time to time ordain and establish,"’ and inserting ‘"such special and other intermediate courts as may be hereafter established by the Legistature under this Constitution,"’ with an addition at the close of the section providing for the establishment of District Chancery Courts.
Rejected.
The question recurred upon
Mr. Holcombe's amendment, and it was rejected.
Mr. L. S.
Hall moved to strike out that portion of the 1st section which provides that the General Assembly may constitute special courts of appeals.
Rejected.
Mr. Chambliss moved to strike out all after the word ‘"though"’ in the 10th line, and insert the words ‘"or upon which the
Court may be equally divided on a hearing."’ Rejected.
Mr. Haymond offered an amendment, but accepted a substitute offered by
Mr. Stuart: insert after the word ‘"appeal,"’ in the 6th due, the words ‘"formed of the
Judges of the Supieme Court of Appeals and of the
Circuit Courts, or any of them."’ Agreed to.
An amenoment offered by
Mr. Price was rejected, and the section, as previously amended, was adopted.
Mr. Pendleton moved to amend the second section by filling the brank before the word ‘"dollars"’ by inserting the words ‘"two hundred."’
Mr. Stuart moved to amend the amendment by substituting the words ‘"five hundred."’ Agreed to — ayee 55 noes 36.
On motion of
Mr. R. Y. Conred, the section was further amended by transposing from the fifth and sixth lines the words ‘"cases involving freedom, or the constitutionality of a "’ to the ninth line, so as to include such cases in the ‘"exceptions"’ to the appellate jurisdiction of the court — and adopted.
Mr. Blakey moved to amend the 4th section by inserting in the first line, before the word ‘"twenty-one,"’ (the number of judicial circuits,) the words ‘"not less than,"’ and by adding, after the words ‘"General Assembly,"’ the words, ‘"but the number of circuits suail not be increased unless by a concurrent vote of all the members elected to both Housts of the General Assembly."’
Mr. Bouldin moved a substitute, but with drew it, and the foregoing amendment was agreed to. The section, as amended, was then adopted.
Mr. Tredway moved to return to the consideration of the 24th section of Article IV., and to have taken from the table and printed an amendment on the subject of excises.
It was so ordered.
Mr. Stuart moved to strike out from Affrom Article VI.
the enumeration of judicial circuits, as the some had been determmed in the preceding part of the
Constitution to remain as now established by law, subject to the action of the Legislature.
Agreed to,
Mr. Price moved to amend the 5th section by inserting after the words ‘"shall be,"’ in the 2d line, the words ‘"apointed by a joint vote of the two Houses of the General Assembly, and,"’ &c.
Mr. Tredway moved to amend the amend ment by striking out the words above quoted and inserting the words ‘"elected by the Senate."’
The amendments were withdrawn, when
Mr. Haymond moved to amend by making the term of office of
Judges of the Supreme Court of Appeals twelve years, and that of the
Judges of Clicuit Courts eight years. Rejected.
Messrs. Price and Tredway renewed their amendments, and the question was on the latter, providing that the Senate shall elect the
Judges of the Supreme Court of Appeals.
The amendment was rejected, and that offered by
Mr. Price was agreed to.
Another amendment, offered by
Mr. Dorman, was rejected; when
Mr. Kent offered a substitute for the whole section, viz.
‘"The Judges of the Subreme Court of Appeals shall be elected by joint vote of the two Houses of the General Assembly, and the
Judges of the
Circuit Courts shall be elected by the voters of their respective circuits — They shall hold their offices during good by havior, or until they arrive at the age of — years, or until removed in the manner prescribed in this Constitution, and shall at the same time hold no other office, appointment or public trust, and the acceptance thereof by either of them shall vacate his judicial office."’
Mr. Sheffey offered the following as a competing proposition:
‘"The Judges of the Supreme Court of Appeals shall be elected by a joint vote of the two Houses of the General Assembly, and shall hold their offices for fifteen years, or until removed in the manner prescribed in this Constitution; the
Judges of the
Circuit Courts shall be elected by the people of their respective circuits, and shall hold their offices for twelve years, or until removed in the manner herein provided; and said
Judges of the
Supreme and Circuit Courts shall at the same time hold no other office, appointment, or public trust; and the acceptance thereof by either of them shall vacate his office."’
The vote was first taken on
Mr. Sheffey's amendment and it was rejected — ayes 7, noes 88.
The question recurring on
Mr. Kent's amendment, it was lost — ayes 19 noes 70.
Mr. Speed moved to amend the section by striking out the words ‘"or until they arrive at the age seventy years."’ Rejected.
Mr. G. W.
Randolph moved to amend the section by making the
Judges eligible to re-election after they arrive at the age of seventy years. Lost.
The Convention then adjourned.
