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Page 4 Sec 3. There shall be a Treasurer or Treasurers appointed for the State, by the joint vote of both Houses of the general Assembly, who shall hold his or their offices for two years. Sec 4. The election of all officers, and the filling of all vacancies that may happen, by death, resignation or removal, not otherwise directed or provided for by this Constitution, shall be made in such manner as the Legislature shall direct. Sec. 5. The Legislature shall provide that the election of the county and other officers, by the people, shall not take place at the same time, that the general elections are held for members of congress, members of the Legislature and governor. The elections shall commence and terminate on the same day. Article 8. Sec 1. All Militia officers shall be elected by persons subject to Military duty, within the bounds of their several companies, battalions, regiments, brigades and divisions, under such rules and regulations as the Legislature may, from time to time, direct and establish. Sec 2. The governor shall appoint the Adjutant General, and his other staff officers; the Majors general, Brigadiers general, and commanding officers of Regiments, shall respectively appoint their staff officers. Sec 3. The Legislature shall pass laws, exempting citizens belonging to any sect or denomination of religion, the tenets of which are known to be opposed to the bearing of arms, from attending private and general Musters. Article 9. Sec. 1. Whereas, Ministers of the gospel are by their profession, 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 whatever, shall be eligible to a seat in either House of the Legislature. Sec 2. No person who denies the being of a god, or a future state of rewards and punishments, shall hold any office in the civil department of this State. Sec 3. Any person who shall, after the adoption of this constitution, fight 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 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 10. Sec 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 on 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 Representatives, shall before they proceed to business, take an oath or affirmation, 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 prejudice; 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 lessen 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 punishment as the laws shall direct. And any person who shall 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 three hundred and fifty square miles, and which shall contain a population of four hundred and fifty qualified voters. No line of such county shall approach the Court House of any old County from which it may be taken, nearer than twelve miles. No part of a county shall be taken off to form a new county or a part thereof, without the consent of a majority of the qualified voters in such part taken off. And in all cases where an old county may be reduced for the purpose of forming 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 said old county be reduced to less than six hundred and twenty five square miles: provided, however, that the county of Bedford may be reduced to four hundred and seventy five square miles; and there shall not be laid off more than one new county on the West, and one on the East, adjoining the county of Bedford; and no new county line shall run nearer than eleven and a half miles of the seat of Justice of said county. The line of a new county may run within eleven miles of the seat of Justice of Franklin county; provided, it does not reduce said county to less contents than six hundred and twenty five square miles. The counties of Carter, Rhea, Tipton, Dyer, and Sullivan, are excepted out of the provisions of this section. The county of Humphreys may be divided at such time as may be prescribed by the Legislature, making the Tennessee river the dividing line, a majority of the qualified voters of said county voting in favor of said division. ~ The counties of Carter, Rhea, and Humphreys, shall not be divided into more than two counties each; nor shall more than one new county be taken out of the territory nor comprising the counties of Tipton and Dyer; nor shall the seats of Justice in the counties of Rhea, Carter, Tipton, and Dyer, be removed without the concurrence of two thirds of both branches of the Legislature. The county of Sullivan may be reduced below the contents of six hundred and twenty five square miles; but the line of any new county which may hereafter be laid off shall not approach the county seat of said county nearer than ten miles. The counties of Marion and Bledsoe shall not be reduced below one thousand qualified voters each in forming a new county or counties. Sec 5. The citizens who may be included in any new county shall vote 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 to the general Assembly, after the establishment of such new county. Article 11. Sec 1. All laws and ordinances now in force and use in this State, not inconsistent with this constitution, shall continue in force and use, until they shall expire, be altered, or repealed by the Legislature. 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. Sec 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 Yeas and Nays 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 next chosen as aforesaid, such proposed amendment or amendments, shall be agreed to by two thirds of all the members elected to each House, then, it shall be the duty of the general Assembly to submit such proposed amendment or amendments to the people, in such manner, and at such time as the general Assembly shall prescribe. And if the people shall approve and ratify such amendment or amendments, by a majority of all the citizens of the State, voting for representatives, voting in their favor, such amendment or amendments shall become part of this constitution. When any amendment or amendments to the constitution shall be proposed in pursuance of the foregoing provisions, the same shall at each of the said sessions be read three times on three several days in each House. The Legislature shall not propose amendments to the constitution, oftener than once in six years. Sec 4. The Legislature shall have no power to grant divorces, but may authorize the courts of Justice to grant them for such causes as may be specified by law; provided, that such laws be general and uniform in their operation throughout the State. Sec 5. The Legislature shall have no power to authorize lotteries for any purpose, and shall pass laws to prohibit the sale of Lottery tickets in this State. Sec 6. The Legislature shall fix the rate of interest, and the rate so established shall be equal and uniform throughout the State. Sec. 7. The Legislature shall have no power to suspend any general law for the benefit of any particular individual; nor to pass any law for the benefits of individuals inconsistent with the general laws of the land; nor to pass any law granting to any individual or individuals, rights, privileges, immunities, or exemptions, other than such as may be, by the same law extended to any member of the community who may be able to bring himself within the provisions of such law: provided, always, the Legislature shall have power to grant such charters of corporation as they may deem expedient for the public good. ~ Sec 8. 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 deemed expedient. Sec 9. 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. Sec 10. 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 property 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 encouragement of common schools throughout the State, and for the equal benefit of all the people thereof; and no law shall be made authorizing said fund or any part thereof to be diverted to any other use than the support and encouragement of common schools: and it shall be the duty of the general Assembly, to appoint a board of commissioners for such term of time as they may think proper, who shall have the general superintendence of said fund, and who shall make a report of the condition of the same, from time to time, under such rules, regulations and restrictions, as may be required by law; provided, that if at any time hereafter a division of the public lands of the United States, or of the money arising from the sales of such lands, shall be made among the individual States, the part of such lands, or money, coming to this State, shall be devoted to the purposes of education and internal improvement; and shall never be applied to any other purpose. Sec 11. The above provisions shall not be construed to 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 distributees to receive and enjoy escheated property, under such rules and regulations as from time to time may be prescribed by law. Sec. 12. 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 pretence whatever. And to guard against transgression of the high powers we have delegated, we declare every thing in the Bill of Rights contained, is excepted out of the general powers of government, and shall forever remain inviolate. Schedule. Sec 1. That no inconvenience may arise from a change of the Constitution, it is declared, that all officers, civil and Military, shall continue to hold their offices; and all the functions appertaining to the same, shall be exercised and performed according to the existing laws and Constitution, until the end of the first session of the general Assembly, which shall sit under this constitution, and until the government can be reorganized, and put into operation under this Constitution, in such manner as the first general Assembly aforesaid shall prescribe, and no longer.~ Sec 2. The general Assembly which shall sit after the first apportionment of representation under the new constitution (to wit) in the year One thousand eight hundred and forty three, shall, within the first week after the commencement of the session, designate and fix the seat of government: and when so fixed, it shall not be removed, except by the consent of two thirds of the members of both Houses of the general Assembly. The first and second sessions of the general Assembly under this constitution shall be held at Nashville. Sec 3. Until a land office shall be opened, so as to enable the citizens south and west of the congressional reservation line, to obtain titles upon their claims of occupancy, those who hold lands by virtue of such claims, shall be eligible to serve in all capacities, where a freehold is by the laws of the State, made a requisite qualification.
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