USA > Tennessee > History of Tennessee, from its earliest discoveries and settlements to the end of the year 1894 > Part 23
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ARTICLE IX. DISQUALIFICATIONS.
Section 1. Whereas, ministers of the gospel are, by their pro- fession. dedicated to God and the care of souls, and ought not to be diverted from the great duties of their functions: therefore. no minister of the gospel. or priest of any denomination wi. it- ever, shall be eligible to a seat in either House of the Legisla- ture.
Sec. 2. No person who denies the being of God, or a future sta'" of rewards and punishments, shall holdt any office in the civil department of this State.
Sec. 8. Any person who shall, after the adoption of this Cou- stitution, right a duel. or knowingly be the bearer of a challenge to fight a duel, or send or accept a challenge for that purpose, or be an aider or abettor in fighting a duel. shall be deprived of
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the right to hold any office of honor or profit in this State. and shall be punished otherwise, in such manner as the Legislature may prescribe.
ARTICLE I.
OATHS-BRIBERY OF ELECTORS-NEW COUNTIES.
Section 1. Every person who shall be chosen or appointed to any office of trust or profit under this Constitution, or any law made in pursuance thereof, shall. before entering upon the duties thereof, take an oath to support the Constitution of this State and of the United States, and an oath of office.
Sec. 2. Each member of the Senate and House of Representa- tives shall, before they proceed to business, take an oath or affir- mation to support the Constitution of this State and of the United States, and also the following oath: "I, -. do solemnly swear [or affirm] that, as a member of this General Assembly, I will. in all appointments. vote without favor, affection, partiality, or pre- judice; and that I will not propose or assent to any bill, vote, or resolution which shall appear to me injurious to the people. or consent to any act or thing whatever that shall have a tendency to lesson or abridge their rights and privileges as declared by the Constitution of this State."
Sec. 3. Any elector who shall receive any gift or reward for his vote, in meat, drink, money, or otherwise, shall suffer such pun- ishment as the laws shall direct; and any person who -hall, directly or indirectly, give, promise, or bestow any such reward to be elected. shall thereby be rendered incapable for six years to serve in the office for which he was elected, and be subject to such further punishment as the Legislature shall direct.
Sec. 4. New counties may be established by the Legislature. to consist of not less than two hundred and seventy-five square miles, and which shall contain a population of seven hundred qualified voters. No line of such county shall approach the court house of any old county from which it may be taken nearer than eleven miles, nor shall such old county be reduced to less than five hundred square miles; but the following exceptions are mal to the foregoing provisions, viz: New counties may be established . by the present or any succeeding Legislature out of the following territory, to wit: Out of that portion of Obion county which lies west of the low-water mark of Reelfoot Lake; out of fractions of Summe, Macon, and Smith counties, but no line of such now county shall approach the court house of Sumner and Smith
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counties nearer than ten miles, nor include any part of Macon county lying within nine and a half miles of the court house a said county, nor shall more than twenty square miles of Macon county, nor any part of Summer county bing due west of the western boundary of Macon county, nor any part of Summer county lying due west of the western boundary of Macon county. be taken in the formation of said new county: but of fractions of Grainger and Jefferson counties, but no line of such new county shall include any part of Grainger county north of the Holston River, nor shall any line thereof approach the court house of Jefferson county nearer than eleven miles keuch new county may include any other territory which is not excluded by any general provision of this Constitution): out of fractions of Jackson and Overton counties, but no line of such new county shall approach the court house of Jackson or Overton counties nearer than ten miles, nor shall such county contain less than four hundred qual- ified voters, nor shall the area of either of the old counties be reduced below four hundred and fifty square miles: out of frar- tions of Roane, Monroe, and Blount counties, around the town of Loudon, but no line of such new county shall ever approach the towns of Maryville, Kingston. or Madisonville nearer than eleven miles. except that on the south side of the Tennessee River said lines may approach as near as ten miles to the court house of Roane county. The counties of Lewis. Cheatham; and Sequat- chie, as now established by legislative enactments, are hereby declared to be constitutional counties. No part of Birdsoe counts shall be taken to form a new county. or a part thereof, or be attached to any adjoining county. That portion of Marion county included within the following boundaries: Beginning of the Grundy and Marion county line at the Nick-a-jack Trace, and running about six hundred yards west of Ben. Posey's to where the Tennessee Coal Railroad crosses the line: running thener south-east through the Pocket, near William Sunimers. crossing the Battle Creek Guff at the corner of Thomas Wooten's field: thence running across the Little Grizzard Gulf to Raven Point : thence in a direct line to the bridge crossing the Big Fiery Gris- zard: thence in a direct line to the mouth of Holy Water Creek : thence up said creek to the Grundy county line, and thence with raid line to the beginning. is hereby detached from Marion county and attached to the county of Grundy. No part of a county chad be taken off to form a new county, or a part thereof, without the consent of two-thirds of the qualified voters in such part taken
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off: and where an old county is reduced for the purpose of forri- ing a new one, the seat of justice in said old county shall not be removed without the concurrence of two-thirds of both branches of the Legislature; nor shall the seat of justice of any county be removed without the concurrence of two-thirds of the qualified voters of the county. But the foregoing provision requiring a two-thirds majority of the voters of a county to remove its county sent, shall not apply to the counties of Obion and Cocke. The fractions taken from old counties to form new counties, or taken from one county and added to another, shall continue liable for their pro rata of all debts contracted by their respective counties prior to the separation, and be entitled to their proportion of any stocks or eredits belonging to such old counties.
See. 5. The citizens who may be included in any new county shall voto with the county or counties from which they may have been stricken off for members of Congress, for Governor, and for members of the General Assembly, until the next apportionment of members of the General Assembly after the establishment of such new county.
ARTICLE XI. MISCELLANEOUS PROVISIONS.
Section 1. All laws and ordinances now in force and use in thi- State. not inconsistent with this Constitution, shall continue in force and use until they shall expire, or be altered or repealed by the Legislature. But ordinances contained in any former Const .- tution or schedule thereto are hereby abrogated.
Sec. 2. Nothing contained in this Constitution shall impair the validity of any debts or contracts, or affect any rights of property. or any suits. actions, rights of action, or other proceedings in courts of justice.
See. 3. Any amendment or amendments to this Constitution may be proposed in the Senate or House of Representatives: and if the same shall be agreed to by a majority of all the members elected to each of the two Houses, such proposed amendment or. amendments shall be entered on their journals, with the year and navs thereon, and referred to the General Assembly then next to be chosen, and shall be published six months previous to the time of making such choice: and if, in the General Assembly then next chosen as aforesaid, such proposed amendment or amendments shall be agreed to by two-thirds of all the member- elected to each House, then it shall be the duty of the General
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Assembly to submit such proposed amendment or amendores .. to the people in such manner and at such times as the Genere Assembly shall prescribe. And if the people shall approve and ratify such amendment or amendments by a majority of all th. citizens of the State voting for Representatives voting in their favor, such amendment or amendments shall become a part of this Constitution. When any amendment or amendments to tir Constitution shall be proposed in pursuance of the foregoing pro visions, the same shall, at each of the said sessions, be read the times on three several days in each House. The Legislature ha'. not propose amendments to the Constitution oftener than once in six years. The Legislature shall have the right, at any time. Is law. to submit to the people the question of calling a convention. to alter, reform, or abolish this Constitution; and when. upon such submission, a majority of all the votes cast shall be in favor of said proposition. then delegates shall be chosen, and the con- vention shall assemble in such mode and manner as shall be pre- scribed.
Sec. 4. The Legislature shall have no power to grant divorers. but may authorize the courts of justice to grant them for such causes as may be specified by law; but such laws shall be gener ... and uniform in their operation throughout the State.
Sec. 5. The Legislature shall have no power to authorize lot- teries for any purpose, and shall pass laws to prohibit the sale of lottery tickets in this State.
Sec. 6. The Legislature shall have no power to change the names of persons, or to pass acts adopting or legitimatizing persone, but shall, by general laws, confer this power on the courts.
Sec. 7. The Legislature shall fix the rate of interest, and the rate so established shall be equal and uniform throughout the State; but the Legislature may provide for a conventional fate of interest, not to exceed ten per cent. per annum.
Sec. 8. The Legislature shall have no power to suspend aus general law for the benefit of any particular individuals, nor to pass any law for the benefit of individuals inconsistent with the general laws of the land: not to pass any law granting to and individual or individuals rights, privileges, immunities, or ex- emptions other than such as may be by the same law extended to any member of the community who may be able to bring bin self within the provisions of such law. No corporation shall I created, or its powers increased or diminished by special laws, but the General Assembly shall provide by general law- for tix
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organization of all corporations hereafter created, which laws may at any time be altered or repealed: and no such alteration or repeal shall interfere with or divest rights which have become vested.
Sec. 9. The Legislature shall have the right to vest such powers in the courts of justice, with regard to private and local affairs, as may be expedient.
Sec. 10. A well-regulated system of internal improvement is calculated to develop the resources of the State and promote the happiness and prosperity of her citizens; therefore it ought to be encouraged by the General Assembly.
Rec. 11. A homestead in the possession of cach head of a family, and the improvements thereon to the value, in all, of one thous- and dollars, shall be exempt from sale under legal process during the life of such head of a family, to inure to the benefit of the widow, and shall be exempt during the minority of their children occupying the same. Nor shall said property be alienated without the joint consent of the husband and wife when that relation exists. This exemption shall not operate against public taxes, nor debts contracted for the purchase money of such homestead or improvements thereon.
Sec. 12. Knowledge, learning, and virtue being essential to the preservation of republican institutions, and the diffusion of the opportunities and advantages of education throughout the different portions of the State being highly conducive to the promotion of this end, it shall be the duty of the General Assembly, in all future periods of this Government, to cherish literature and . science. And the fund called the common school fund, and all the lands and proceeds thereof, dividends, stocks, and other prop- erty of every description whatever, heretofore by law appropriated. by the General Assembly of this State for the use of common schools, and all such as shall hereafter be appropriated. shall remain a perpetual fund, the principal of which shall never be diminished by legislative appropriation; and the interest thereof shall be inviolably appropriated to the support and encourage- ment of common schools throughout the State, and for the equal benefic of all the people thereof; and no law shall be made author- izing said fund, or any part thereof, to be diverted to any other use than the support and encouragement of common schools. The state taxes derived hereafter from polls shall be appropriated to educational purposes, in such manner as the General Assembly shall, from time to time, direct by law. No school established or
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aided under this section shall allow white and negro children to be received as scholars together in the same school. The above provisions shall not prevent the Legislature from carrying into effect any laws that have been passed in favor of the colleges. universities, or academies, or from authorizing heirs or distributes to receive and enjoy eseheated property under such laws as may be passed from time to time.
Ser. 13. The General Assembly shall have power to enact laws for the protection and preservation of game and fish within the State, and such laws may be enacted for and applied and enfored in particular counties or geographical districts designated by the General Assembly.
Sec. 14. The intermarriage of white persons with negroes, mu- lattoes, or persons of mixed blood, descended from a negro to the third generation, inclusive, or their living together as man and wife, in this State. is prohibited. The Legislature shall enforce this section by appropriate legislation.
Sec. 15. No person shall. in time of peace, be required to per- form any service to the public on any day set apart by his religion as a day of rest.
Sec. 16. The declaration of rights, hereto prefixed, is declared to be a part of the Constitution of this State, and shall never be violated on any pretense whatever. And to guard against tians- gression of the high powers we have delegated. we declare that every thing in the bill of rights contained is excepted out of the general powers of the Government, and shall forever remain in- violate.
Sec. 17. No county office created by the Legislature shall be filled otherwise than by the people or the County Court.
SCHEDULE.
Section 1. That no inconvenience may arise from a change of the Constitution, it is declared that the Governor of the State. the members of the General Assembly, and all officer- elected at or after the general election of March. 1570, shall hold their offices for the terms prescribed in this Constitution. Officers appointed by the court- shall be filled by appointment. to be made and to take effect during the first term of the court held by Judge selected under this Constitution. All other officers shall varate their places thirty days after the day fixed for the election of their sur- cessors under this Constitution. The Secretary of State, Comp- troller, and Treasurer shall hold their offices until the first session of the present General Assembly occurring after the ratification of
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this Constitution, and until their successors are elected and quali- fed. The officers then elected shall hold their offices until the fifteenth day of January. 1873.
Sec. 2. At the first election of Judges under this Constitution there shall be elected six Judges of the Supreme Court, two from each grand division of the State, who shall hold their offices for the term herein prescribed. In the event any vacancy shall occur in the office of either of said Judges at any time after the first day of January, 1873. it shall remain untilled, and the court shall from that time be constituted of five Judges. While the court shall consist of six Judges they may sit in two sections, and may hear and determine causes in each at the same time, but not in different grand divisions at the same time. When so sitting the concurrence of two Judges shall be necessary to a decision. The Attorney-General and Reporter for the State shall be appointed after the election and qualification of the Judges of the Supreme Court herein provided for.
Sec. 3. Every Judge and every officer of the executive depart- ment of this State. and every Sheriff holding over under this Constitution, shall, within twenty days after the ratification of this Constitution is proclaimed, take an oath to support the same: and the failure of any officer to take such oath shall vacate his office.
Sec. 4. The time which has elapsed since the sixth day of May. 1861, until the first day of January, 1867. shall not be computed in any cases affected by the statutes of limitation, nor shall any writ of error be affected by such lapse of time.
CONSTITUTION OF THE UNITED STATES.
We, the people of the United States, in order to form a m de perfect Union, establish justice, insure domestic tranquility. p- vide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity. .. ordain and establish this Constitution for the United States of America.
ARTICLE I. SECTION 1.
1. All legislative powers herein granted shall be vested in i
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Congress of the United States, which shall consist of a Senate and House of Representatives.
SECTION 2.
1. The House of Representatives shall be composed of members chosen every second year by the people of the several States; and the electors in each State shall have the qualifications requisite for electors of the most numerous branch of the State Legislature.
2. No person shall be a Representative who shall not have at- tained to the age of twenty-five years, and been seven years a citi- zen of the United States, and who shall not, when elected, be an inbabitant of that State in which he shall be chosen.
3. Representatives and direct taxes shall be apportioned among the several States which may be included within this Union, ar- cording to their respective numbers, which shall be determined by adding to the whole number of free persons, including those bound to service for a term of years, and excluding Indians not taxed. three-fifth of all other persons. The actual enumeration shall be made within three years after the first meeting of the Congress of the United States, andl within every subsequent term of ten years. in such manner as they shall by law direct. The number of Rep- resentatives shall not exceed one for every thirty thousand; but each State shall have at least one Representative; and, until such enumeration shall be made, the State of New Hampshire shall be entitled to choose three; Massachusetts, eight: Rhode Island and Providence Plantations, one; Connecticut, five; New York, six : New Jersey, four; Pennsylvania, eight; Delaware, one; Maryland. six; Virginia, ten: North Carolina, tive; South Carolina, five; and Georgia, three.
4. When vacancies happen in the representation from any State, the Executive authority thereof shall issue writs of election to fill such vacancies.
5. The House of Representatives shall choose their Speaker and other officers, and shall have the sole power of impeachment.
SECTION 3.
1. The Senate of the United States shall be composed of two Senators from each State, chosen by the Legislature thereof, for six years, and each Senatar shall have one vote.
2. Immediately after they shall be assembled in consequence of the first election. they shall be divided, as equally as may be, into three classes. The seats of the Senators of the first class shall be
CONSTITUTION OF THE UNITED STATES.
vacated at the expiration of the second year. of the second class at the expiration of the fourth year, and of the third class at the expiration of the sixth year, so that one-third may be chosen every second year; and if vacancies happen, by resignation or otherwise, during the recess of the Legislature of any State, the Executive thereof may make temporary appointments until the next meeting of the Legislature, which shall then fill such vacan- cies.
3. No person shall be a senator who shall not have attained to the age of thirty years, and been nine years a citizen of the United States, and who shall not, when dlected, be an inhabitant of that State for which he shall be chosen.
4. The Vice-President of the United States shall be President of the Senate, but shall have no vote, unless they be equally di- vided.
5. The Senate shall choose their other officers, and also a Presi- dent. pro tampar. in the absence of the Vice-President, or when he shall exercise the office of President of the United States.
6. The Senate shall have the sole power to try all impeach- ments. When sitting for that purpose, they shall be on oath or affirmation. When the President of the United States is tried. the Chief Justice shall preside; and no person shall be convicted without the concurrence of two-thirds of the members present.
7. Judgment in case of impeachment shall not extend further than to removal from office and disqualification to hold and enjoy any office of honor. trust, or profit. under the United States; but the party convicted shall nevertheless be liable and subject to in- dietment, trial, judgment, and punishment according to law.
SECTION 4.
1. The times, places, and manner of holding elections for Sma- Fors and Representatives shall be prescribed in each State by the Legislature thereof; but the Congress may at any time, by law. make or after such regulations, except as to the places of choosing
2. The Congress -hall assemble at least once in every year, and such meeting shall be on the first Monday in December. unless they shall by law appoint a different day.
SECTION 5.
1. Fach House shall be the judge of the elections, returns, and qualifications of its own metalors: and a majority of each shall
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constitute a quorum to do business; but a smaller number mar adjourn from day to day, and may be authorized to compel the attendance of absent members, in such manner and under such penalties as each House may provide.
2. Each House may determine the rules of its proceedings. pun- ish its members for disorderly behavior, and, with the concurrence of two-thirds, expel a member.
3. Each House shall keep a journal of its proceedings, and from time to time publish the same, excepting such parts as may, in their judgment, require secrecy: and the yeas and nays of the members of either House on any question shall, at the desire of one-fifth of those present, be entered on the journal.
4. Neither House, during the session of Congress, shall, without the consent of the other, adjourn for more than three days, nor to any other place than that in which the two Houses shall be sitting.
SECTION 6.
1. The Senators and Representatives shall receive a compen-a- tion for their services, to be ascertained by law, and paid out of the Treasury of the United States. They shall in all cases, except treason, felony, and breach of the peace, be privileged from arrest during their attendance at the session of their respective Houses. and in going to or returning from the same; and for any speech or debate in either House they shall not be questioned in any other place.
2. No Senator or Representative shall, during the time for which he was elected, be appointed to any civil office under the authority of the United States which shall have been created. or the emoluments whereof shall have been increased. during such time: and no person holding any office under the United States shall be a member of either House during his continuance in office.
SECTION :.
1. All bills for raising revenue shall originate in the House of Representatives: but the Senate may propose or concur with amendments, as on other bills.
2. Every bill which shall have passed the House of Representa- tives and the Senate shall, before it become a law, be presented to the President of the United States. If he approve, he shall sign - it: but if not, he shall return it. with his objection, to that House in which it shall have originated, who shall enter the objection at large on their journal, and proceed to reconsider it. If, after such
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