CONSTITUTION OF 1870.-(Cont'd.)

CONSTITUTION OF 1834.-(Cont'd.)

SEC. 5. Acts of Secession Legislature Declared Void.-All laws, ordinances, and resolutions, as well as all acts done in pursuance thereof, under the authority of the usurped State government after the declared independence of the State of Tennessee, on or after the 6th day of May, 1861, were unconstitutional, null, and void from the beginning: Provided, That this section shall not be construed as to effect any judicial decisions made by the State courts held at times differing from those provided by law prior to May 6, 1861; said judicial decisions being made pursuant to the laws of the State of Tennessee enacted previous to said date, and between parties present in courts and litigating their rights.

SEC. 6. Secession Debt Abrogated.All laws, ordinances, and resolutions, of the usurped State governments, passed on or after the 6th day of May, 1861, providing for the issuance of State bonds, also all notes of the Bank of Tennessee, or any of its branches, issued on or after the 6th day of May, 1861, and all debts created or contracted in the name of the State by said authority, are unconstitutional, null, and void; and no legislature shall hereafter have power to pass any act authorizing the payment of said bonds or debts, or providing for the redemption of said notes.

SEC. 7. State Officers.-All civil and military officers which have been or may hereafter be appointed by the acting governor of the State, are hereby ratified and affirmed, and they shall continue to hold and exercise the functions of their respective offices until their successors shall be elected or appointed and qualified as prescribed by the laws and constitution of the State and United States.

SEC. 8. Election on Proposed Amendments. That the proposed amendments of the constitution, and the schedule thereto, be submitted to the people at the ballot-box, on the 22d day of February next, and that upon the adoption thereof, by the people, an election shall be held on the 4th day of March next for governor and members of the legislature, the latter to be voted for by general ticket, upon the basis prescribed in the act apportioning representation in the

CONSTITUTION OF 1796.-(Cont'd.)

NORTH CAROLINA CONST., 1776.-(Cont'd.)

CONSTITUTION OF 1870.-(Cont'd.)

CONSTITUTION OF 1834.-(Cont'd.)

State, passed on the 19th day of February, 1852, to assemble at the capitol on the first Monday in April next, said officers to continue in office until their successors shall be elected and qualified, under the regular biennial election of 1867: Provided, That said apportionment be so modified as to give to the counties of Johnson, Carter, Campbell, Anderson, Union, Sevier, Macon, and Hancock each one member; and the district composed of the counties of Fentress, Morgan, Scott, and Cumberland one additional member in the house of representatives.

SEC. 9. Qualifications of Voters.-The qualifications of voters and the limitation of the elective franchise may be determined by the general assembly which shall first assemble under the amended constitution.

SECTION 1. Election ordered.-Be it ordained by the convention, That it shall be the duty of the several officers of the State, authorized by law to hold elections for members of the General Assembly and other officers to open and hold an election at the place of holding said elections in their respective counties, on the fourth Saturday in March, 1870, for the purpose of receiving the votes of such qualified voters as may desire to vote for the ratification or rejection of the Constitution recommended by this convention. And the qualification of voters in said election be the same as that required in the election of delegates to this convention.

SEC. 2. Duty of returning officers; manner of voting.-It shall be the duty of said returning officers, in each county, in this State, to enroll the name of each voter on the poll books prepared for said election, and shall deposit each ballot in the ballot boxes respectively. Each voter who wishes to ratify the new Constitution shall have written or printed on his ticket the words "New Constitution," or words of like import; and each voter who wishes to vote against the ratification of the new Constitution shall have written or printed on his ticket the words "Old Constitution," or words of like import.

SEC. 3. Election, how held; votes, etc. -The election shall be held, and the judges and clerks shall be appointed, as in the case of the election of the members of the General Assembly; and the returning officers, in presence of the judges or inspectors, shall count the votes given for the "New Constitution," and of those given for the "Old Constitution," of which they shall keep a correct estimate in said poll books. They shall deposit the original poll books of said election with the clerks of the County Courts in the respective counties, and shall, within five days after the election, make out

accurate statements of the number of votes, in their respective counties, for or against the "New Constitution," and immediately forward, by mail, one copy of said certificates to the Governor, and one to the Speaker of the Senate. So soon as the poll books are deposited with the County Court clerks, they shall certify to the president of the convention an accurate statement of the number of votes cast for or against the "New Constitution," as appears on said poll books; and if any of said returning officers shall fail to make the returns herein provided for within the time required, the Governor shall be authorized to send special messengers for the result of the vote in those counties whose officers have SO failed to make returns.

SEC. 4. Returns, who to compare; certificate of result; Governor's proclamation.-Upon the receipt of said returns, it shall be the duty of the Governor, Speaker of the Senate, and the president of this convention, or any two of them, to compare the votes cast in said election; and if it shall appear that a majority of all the votes cast for and against the "New Constitution" were for "New Constitution," it shall be the duty of the Governor, Speaker of the Senate, and president of this convention, or any two of them, to append to this Constitution a certificate of the result of the votes, from which time the Constitution shall be established as the Constitution of Tennessee, and the Governor shall make proclamation of the result.

SEC. 5. When proclamation to be issued.--The Governor of the State is required to issue his proclamation as to the election on the fourth Saturday in March, 1870, hereto provided for.

Attest:

JOHN C. BROWN, President.

[L. S.] T. E. S. RUSSWURM, Secretary.

CHAPTER No. 110.

House Bill No. 89.

(By Mr. McLain and Others.)

A Bill to be entitled: "An Act to authorize the people to decide by vote whether they will call a Constitutional Convention, and to provide for the submission of said question to the voters of the State and the announcement of the result."

WHEREAS, Under our Constitution the right of the people to alter, reform or abolish the same is fully recognized; and

WHEREAS, In the opinion of the General Assembly, the public exigences do now demand the exercise of the power to alter or reform the Constitution on the part of the people of the State; and

WHEREAS, By Article XI, Section 3 of the present constitution, power is given to the Legislature to submit to the people the question whether a constitutional Convention shall be called; therefore

SECTION 1. Be it enacted by the General Assembly of the State of Tennessee, That all the legal voters under existing laws of this State are hereby authorized to assemble on the first Thursday in August, 1916, at the several places of holding elections, in the various counties of this State, and vote for or against calling a convention to alter or reform the Constitution by submitting amendments to the present Constitution, to be voted on separately by the people.

SECTION 2. Be it further enacted, That in submitting the question of a convention to the people, tickets shall be prepared by the proper authorities under the laws in force at the time of holding said election, or by the electors in various counties of this State. with the words written or printed "For a Convention," "Against a Convention," and if the number of votes cast for a convention be greater than the votes cast against a convention, then there shall be a convention to propose amendments to the constitution. Registration books shall be

opened and voters will be allowed to register in all respects as at that time provided by law, and the qualifications necessary to entitle a citizen to vote upon the questions submitted shall, in all respects, be the same as then required by law in order to vote for members of the General Assembly.

SECTION 3. Be it further enacted, That in all cases where any commissioners of election, or other proper officer under the law, fail or refuse to hold said election, it shall be lawful for any three freeholders, being legal voters, to hold said election by summoning as many bystanders, being legal voters, as may be necessary to hold said election.

SECTION 4. Be it further enacted, That it is hereby declared to be the duty of the Governor to issue his proclamation to the several Commissioners of election, or other proper officers under the law, in the State and counties thereof, immediately after the passage of this act, requiring them to hold and conduct said election as herein provided.

And said Commissioners of election or other proper officers under the law, in the various counties of the State, shall advertise the time and places of holding said election, as in case of special elections for members of the General Assembly.

SECTION 5. Be it further enacted, That it shall be the duty of the Commissioners of election, or other proper officer under the law, of each county of the State, immediately after said election, to make a complete return to the Secretary of this State of the votes cast "For a Convention" and "Against a Convention" in their county.

SECTION 6. Be it further enacted, That it shall be the duty of the Governor, Secretary of State and Attorney General of the State, to compare the returns made by the Commissioners of election, or other proper officers under the law, and if a majority of those voting be in favor of a Convention, or against a Convention, it shall be the duty of the Governor to immediately issue his proclamation announcing the result.