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 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 legisla ture, 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 the dividing line; a majority of the qualified voters of said county voting in favour 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 now composing 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.

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.

§ 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state, not inconsistent with this constitution, shall continue in force and use until they shall expire, be altered or repealed by the legislature.

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.

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 for 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 favour, 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.

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.

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.

6. The legislature shall fix the rate of interest; and the rate so established shall be equal and uniform throughout the state.

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 benefit 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.

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.

9. A well regulated system of internal improvement is calculated to develope the resources of the state, and promote the happiness and prosperity of her citizens; therefore it ought to be encouraged by the general assembly.

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

1834

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. 11. The above provisions shall not be construed to prevent the legislature from carrying into effect any laws that have been passed in favour 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.

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 that every thing in the bill of rights contained, is excepted out of the general powers of government, and shall for ever remain inviolate.

SCHEDULE.

§ 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.

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 in Nashville.

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.

Done in convention at Nashville, this thirtieth day of August, one thousand eight hundred and thirty-four, and of the independence of the United States of America the fifty-ninth.

In testimony whereof, we have hereunto subscribed our names.

WILLIAM B. CARTER, President,

Joseph A. Mabry,
John M'Gaughey,
John Montgomery,
George W. L. Marr,
John Neil,
Richard Nelson,
Thomas C. Porter,
John Purdy,

William C. Roadman,
George W. Richardson,
Henry Ridley,

Julius C. N. Robertson,
Matthew Stephenson,
William T. Senter,
James W. Smith,
William C. Smartt,
Henry Sharp,
James Scott,
Ennis Ury,
John Whitson,

Isaac Walton,
John J. White,

Jonathan Webster,
Robert Weakley.

WILLIAM K. HILL, Secretary.

ORDINANCE.

1. Ordered, That it shall be the duty of the several officers of this state, authorized by law to hold elections for members of the general assembly, to open and hold an election, at the places of holding elections for members to the general assembly, in their respective counties, on the first Thursday and Friday in March next, for the purpose of receiving the votes of such qualified voters as may desire to vote for the adoption or rejection of this amended constitution: provided, that no person shall be deemed a qualified voter in said election, except such as are included within the provisions of the first section of the fourth article of this amended constitution.

II. Ordered, That it shall be the duty of said returning officers in each county in this state, to prepare poll books, which shall be opened on said days of election, and in which shall be enrolled the name of each voter by the assistance of clerks, who shall be appointed and sworn as clerks in other elections. Said officers shall prepare a ballot box, in which shall be placed the ticket of each voter. Each ticket shall have written thereon the words, "I ratify the amended constitution:" or if the voter is opposed to it, "I reject the amended constitution:" or the words "Ratification" or "Rejection," or some such words as will distinctly convey the intention of the voter. The justices of the several county courts in this state, at some time previous to the day of said election, shall appoint three inspectors for each precinct; and in case of failure

of the courts to appoint inspectors, then said returning officers shall appoint them. It shall be the duty of said returning officers, in presence of the said inspectors, to count the votes given for the ratification and rejection of the constitution, of which they shall keep a true and correct estimate in said poll book. Said returning officer shall deposit the original poll books of said election with the clerk of the county court in their respective counties, and shall within five days after said election, make out duplicate statements of the number of votes in their respective counties for ratifying and rejecting the constitution; and shall forward by mail one of said certificates to the governor, one to the secretary of state, and shall likewise deposit one with the clerk of the county court. It shall be the duty of said several clerks carefully to examine the said poll books, and forthwith to certify to the secretary of state, a full, true, and perfect statement of the number of votes taken for and against the constitution, as appears from the poll books, filed in their office. Should said returning officers, or any of them, fail to make returns in due time, as above directed, the secretary of state shall then be authorized to despatch a special messenger for the purpose of obtaining a certified copy of the result of said elections.

III. Ordered, That upon the receipt of the said returns, it shall be the duty of the governor, secretary of state, and any one of the judges of the supreme court, or any two of the said named officers, to compare the votes given in said election for the ratification and rejection of the amended constitution; and if it shall appear from said returns, that a majority of all the votes given in said election, is for ratifying the amended constitution, then it shall be the duty of the governor forthwith to make proclamation of that fact, and thenceforth this amended constitution shall be ordained and established as the constitution of the state of Tennessee. It shall moreover be the duty of the governor, in and by said proclamation, to command the sheriffs and other officers directed by law to hold and superintend elections, to open the polls of elections at the places of holding elections for members of the general assembly in their respective counties, on the first Thursday in August one thousand eight hundred and thirty-five, for the purpose of electing a governor, and for the election of senators and representatives to the general assembly of this state from the several districts and counties, as mentioned and described in this ordinance, at which time and places elections shall also be held for members of congress; and said officers shall make returns of said elections under the same rules and regulations as are now required by the existing laws. And it shall be the duty of the secretary of state to record the returns made from each county or district, and the result of said election, in a bound book to be preserved in his office.

IV. Be it further ordered, That if any sheriff or other acting officer shall fail, within the time prescribed by this ordinance, to discharge any of the duties hereby required, such sheriff or other returning officer so failing as aforesaid, shall forfeit and pay the sum of five thousand dollars, to be recovered by action of debt in any of the courts of record in this state; to be sued for in the name of the governor, for the use and benefit of common schools.

V. Be it further ordered, That until the first enumeration and ap portionment of representation in one thousand eight hundred and forty