good and valid, to all intents and purposes, and he shall have and exercise all the powers of circuit judges. SEC. 6. Be it further enacted, That the chancery court at Taylorsville, for Johnson county shall be held on the third Mondays of April and October. SEC. 7. Be it further enacted, That this act shall take effect from and after its passage. Passed June 2, 1865. CHAPTER XV. AN ACT to repeal an act passed on the 19th day of March, 1860, to repeal section 4766 of the code, and to re-enact section 4766 of the code. SECTION 1. Be it enacted by the general assembly of the State of Tennessee, That whoever shall be guilty of uttering seditious words or speeches, spreading abroad false news, writing or dispersing scurrilous libels against the State or general government, disturbing or obstructing any lawful officer in executing his office, or of instigating others to cabal and meet together to contrive, invent, suggest, or incite rebellious conspiracies, riots, or any manner of unlawful feud or differences thereby to stir people up maliciously to contrive the ruin and destruction of the peace, safety, and order of the government, or shall knowingly conceal such evil practice, shall be punished by fine and imprisonment at the discretion of the court and jury trying the case, and may be compelled to give good and sufficient sureties for his or her good behavior during the court's pleasure, and shall be incapable of bearing any office of honor, trust, or profit in the State government for the space of three years. SEC. 2. Be it further enacted, That it shall be the duty of the judges to give this act in charge to the grand jury, and no prosecutor shall be required to an indictment under this act. SEC. 3. Be it further enacted, That this act take effect from and after its passage. WILLIAM HEISKELL, • Passed June 3, 1865. CHAPTER XVI. AN ACT to limit the elective franchise. Whereas the first article and the first section of the declaration of rights in the constitution of the State of Tennessee declares: "That all power is inherent in the people, and all free governments are founded on their authority and instituted for their peace, safety, and happiness; for the advancement of these ends they have at all times an inalienable and indefeasible right to alter, reform, or abolish the government in such manner as they may think proper; and whereas a large and respectable convention of the free and loyal people of the State of Tennessee met in the city of Nashville, on the 9th day of January, 1865, and proposed certain alterations and amendments to the constitution of the State of Tennessee, for rejection or ratification by the loyal people on the 22d of February following; and whereas said amendments and schedule were solemnly ratified with great unanimity by the authoritative voice of the people; and whereas the 8th section of said schedule provided for the election of a governor and members of the legislature on the 4th day of March, 1865, and who, in accordance therewith, were elected by the ballots of the loyal people; and whereas the same authoritative voice, in section 9th of the schedule, delegated to the general assembly meeting first under this amended constitution, the right to fix the qualification of voters and the limitation of the elective franchise; therefore, acting faithfully under and in accordance with this delegation of supreme power SECTION 1. Be it enacted by the general assembly of the State of Tennessee, That the following persons, to wit: 1. Every white man twenty-one years of age, a citizen of the United States and a citizen of the county wherein he may offer his vote six months next preceding the day of election, and publicly known to have entertained unconditional Union sentiments from the outbreak of the rebellion until the present time; and 2. Every white man, a citizen of the United States and a citizen of the county wherein he may offer his vote six months next preceding the day of election, having arrived at the age of twenty-one years since March 4, 1865: Provided, That he has not been engaged in armed rebellion against the authority of the United States voluntarily; and 3. Every white man of lawful age coming from another State, and being a citizen of the United States, on proof of loyalty to the United States, and being a citizen of the county wherein he may offer his vote six months next preceding the day of election; and 4. Every white man, a citizen of the United States and a citizen of this State, who has served as a soldier in the army of the United States, and has been or may be hereafter honorably discharged therefrom; and 5. Every white man of lawful age, a citizen of the United States and a citizen of the county wherein he may offer his vote six months next preceding the day of election, who was conscripted by force into the so-called confederate army, and was known to be a Union man, on proof of loyalty to the United States, established by the testimony of two voters under the previous clauses of this section; and 6. Every white man who voted in this State at the presidential election in November, 1864, or voted on the 22d of February, 1865, or voted on the 4th of March, 1865, in this State, and all others who had taken the oath of allegiance" to the United States, and may be known by the judges of election to have been true friends to the government of the United States, and would have voted in said previously mentioned elections if the same had been holden within their reach, shall be entitled to the privileges of the elective franchise. SEC. 2. Be it further enacted, That all persons who are or shall have been civil or diplo matic officers or agents of the so-called Confederate States of America, or who have left judicial stations under the United States or the State of Tennessee to aid, in any way, the existing or recent rebellion against the authority of the United States, or who are or shall have been military or naval officers of the so-called Confederate States, above the rank of captain in the army or lieutenant in the navy; or who have left seats in the United States Congress or seats in the legislature of the State of Tennessee to aid said rebellion, or have resigned commissions in the army or navy of the United States, and afterwards have voluntarily given aid to said rebellion; or persons who have engaged in treating otherwise than lawfully, as prisoners of war, persons found in the United States service as officers, soldiers, seamen, or in any other capacities; or persons who have been or are absentees from the United States for the purpose of aiding the rebellion; or persons who held pretended offices under the government of States in insurrection against the United States; or persons who left their homes within the jurisdiction and protection of the United States, or fled before the approach of the national forces and passed beyond the federal military lines into the so-called Confederate States, for the purpose of aiding the rebellion, shall be denied and refused the privilege of the elective franchise in this State for the term of fifteen years from and after the passage of this act. SEC. 3. Be it further enacted, That all other persons, except those mentioned in section 1 of this act, are hereby and henceforth excluded and denied the exercise of the privilege of the elective franchise in this State for the term of five years from and after the passage of this act. SEC. 4. Be it further enacted, That all persons embraced in section 3 of this act, after the expiration of said five years, may be readmitted to the privilege of the elective franchise by petition to the circuit or chancery court, on proof of loyalty to the United States, in open court, upon the testimony of two or more loyal citizens of the United States. SEC. 5. Be it further enacted, That so long as any of the white citizens of the State of Tennessee, who by this act are entitled to exercise the elective franchise, shall be connected with the army of the United States, or with the military force of this State in actual service, the governor shall issue writs of election to the commanding officers of such brigades, regiments, or detachments of Tennessee soldiers, wherever located, who shall open and hold the election, and receive the votes of their respective commands, and return the same to the secretary of state, and which shall be counted in the same way and manner as if said votes had been cast in any of the counties of the State to which the soldiers belonged. SEC. 6. Be it further enacted, That it shall be the duty of the county court clerk, in each county, to open and keep a registration of voters, and before whom proof, under oath, that the voter falls within the provisions of article 1 of this act, shall be made: Provided, No man of publicly known Union sentiments shall be required to make oath in doing the same; and said clerk shall receive such compensation as the county court in each county may deem proper; and also said clerk shall issue to all such persons a certificate of registration, and no one shall be permitted by the judges of election to vote unless so registered. SEC. 7. Be it further enacted, That any voter may be challenged by an admitted voter of section 1 of this act, on offering his vote; and thereupon the judges of election shall peremptorily administer to the person so challenged, before permitting him to vote, the following oath, said oath also to be taken by all judges of election and candidates for office: "OATH "I solemnly swear that I will henceforth support the Constitution of the United States and defend it against the assaults of all its enemies; that I am an active friend of the government of the United States; that I will heartily aid and assist the loyal people in whatever measures may be adopted under the Constitution of the United States, and under all laws and proclamations made in pursuance thereof, to establish the national authority over ail the people of every State and Territory embraced in the national Union; and that I wil faithfully and most heartily support and defend the constitution of the State of Tennessee, and the amendments and schedule thereunto appended and adopted by the people on the 22d day of February, 1865; and also all acts of the general assembly assembled in accordance therewith; and that I take this oath freely, voluntarily, and without mental reservation: So help me God." SEC. 8. Be it further enacted, That any person taking this oath falsely shall be guilty of perjury, and shall suffer the pains and penalties attached to that crime. SEC. 9. Be it further enacted, That the power is reserved to alter, amend, or change the provisions of this act at any time when, in the opinion of this general assembly of the State, it is right and proper to do so. SEC. 10. And be it further enacted, That this act shall take effect from and after its passage. WILLIAM HEISKELL, Speaker of the House of Representatives. SAMUEL R. RODGERS, Speaker of the Senate. Passed June 5, 1865. CHAPTER XVII. AN ACT to repeal an act incorporating a military department in Andrew College, and the Memphis Arms Company, and for other purposes. SECTION 1. Be it enacted by the general assembly of the State of Tennessee, That the acts incorporating a military department in Andrew College, and the Memphis Arms Company, which were passed January 30, 1861, be, and the same are hereby, repealed. SEC. 2. Be it further enacted, That an act passed January 31, 1861, authorizing the mayor of the city of Memphis and the sheriff of Shelby county to call out the 154th regiment to suppress insurrection, riot, or invasion, at the expense of the city and county, be, and the same is hereby, repealed. SEC. 3. Be it further enacted, That an act to incorporate the Memphis Light Dragoon Company, which was passed January 31, 1861, be, and is hereby, repealed. SEC. 4. Be it further enacted, That this act shall take effect from and after its passage. WILLIAM HEISKELL, Speaker of the House of Representatives. SAMUEL R. RODGERS, Passed June 5, 1865. CHAPTER XVIII. Speaker of the Senate. AN ACT to amend section 117 of the code, and for other purposes. SECTION 1. Be it enacted by the general assembly of the State of Tennessee, That the criminal court of the county of Montgomery be, and the same is hereby, abolished; and that the jurisdiction of said court be, and the same is hereby, conferred upon the circuit court of Montgomery county as fully and completely as can by law be done. SEC. 2. Be it further enacted, That all of the causes in the criminal court of Montgomery county shall be transferred to the circuit court of Montgomery county, and all bonds taken for the appearance of defendants be returnable to the first Tuesday after the second Monday in September, 1865, before said circuit court. SEC. 3. Be it further enacted, That the circuit judge of the tenth judicial circuit of the State of Tennessee shall have full power to try all such criminal causes as may be thus transferred to it, or that may hereafter arise in the county of Montgomery; and that he is hereby clothed with full power to fix a day at each term of his court when all such business shall be taken up. SEC. 4. Be it further enacted, That there shall be regularly empanelled a grand jury for the county of Davidson, which shall be elected, sworn, and empanelled by the circuit court of Davidson county, and shall have its sittings during the regular session of said court, and with full power of all other grand juries in the State; and that the bills and presentments so made by the grand jury thus empanelled and returned, shall be regularly transferred to the criminal court of Davidson county for process to issue, and trial to be had, as in other criminal cases. SEC. 5. Be it further enacted, That the circuit court of Montgomery county shall have full power, with all other criminal courts of the State, to organize and empanel a grand jury as now provided for by law. SEC. 6. Be it further enacted, That this act shall take effect from and after its passage. WILLIAM HEISKELL, Speaker of the House of Representatives. Passed June 5, 1865. Speaker of the Senate. CHAPTER XIX AN ACT to authorize the investment of trust funds, and for other purposes. SECTION 1. Be it enacted by the general assembly of the State of Tennessee, That the courts of law and equity in this State be, and they are hereby, authorized to have the money and funds in the hands of clerks and receivers, or trustees, in litigation, or under the control of said courts, invested in the public stocks or bonds of the United States, under such rules and orders in each case as may be legal and just. SEC. 2. That guardians, executors, administrators, and trustees shall also be authorized and empowered to invest money and funds in their hands in the public stocks or bonds of the United States, and make report thereof to the county court of the county where such guardian, executor, administrator, or trustee resides, unless another mode of investment is required by will or deed of the testator or other person who has established the funds. SEC. 3. This act to be in force from and after its passage. WILLIAM HEISKELL, Speaker of the House of Representatives. SAMUEL R. RODGERS, Speaker of the Senate. Passed June 6, 1865. CHAPTER XX. AN ACT to establish a claim agency of Tennessee in the city of Washington. SECTION 1. Be it enacted by the general assembly of the State of Tennessee, That the governor, by and with the advice and consent of the Senate, be, and he is hereby, directed to appoint an agent for the State of Tennessee, learned in the law and faithful in business, who shall keep his office in the city of Washington, whose duty it shall be, whenever requested by the party or parties interested, to prosecute before the Court of Claims at Washington, or before any of the departments at Washington, any claim or demand growing out of the existing war which the State of Tennessee, or any citizen or soldier thereof, has against the government of the United States: Provided, That the person appointed under this act shall hold no other office or appointment under the United States or the State of Tennessee. SEC. 2. Be it further enacted, That it shall be the duty of said agent to answer all communications addressed to him by any Tennessee soldier or citizen, or any officer of the State government, in regard to any matter of business in any of the departments at Washington. SEC. 3. Be it further enacted, That said agent shall perform such other duties as may from time to time be required of him by the governor, and may be removed by the governor whenever, in his opinion, the interest of the people of Tennessee require it. SEC. 4. Be it further enacted, That the agent appointed under this act shall not, directly or indirectly, receive or charge any fee for services rendered under this act to Tennessee soldiers, their widows, heirs, and legal representatives; nor shall he purchase, trade, or deal in any claim against the United States, whether the same is or is not in his hands for collection. SEC. 5. Be it further enacted, That any violation by said agent of the provisions of the preceding section shall be a misdemeanor in office, and punishable by fine or imprisonment, or both, at the discretion of the jury. He may be indicted in the circuit court of the county where the claimant or soldier resides, or in the circuit court of the county in which the agent resides. SEC. 6. Be it further enacted, That, before entering on the discharge of the duties of his office, he shall take the oath that other officers of this State are required, under the Constitution, to take, and shall execute a bond with sufficient security, to be approved of by the governor, conditioned that he will faithfully and diligently discharge the duties of his office; make full, fair, and complete returns of all claims and funds which may come into his hands or may be intrusted to him, and pay over to the claimant all money, vouchers, and effects which he may receive for any claimant; and that he will not, directly or indirectly, purchase, trade, or deal in any claim whatever against the United States; which bond shall be filed and preserved in the office of the secretary of state, and upon which any one aggrieved may maintain a suit for any breach thereof, and any recovery on the same shall not bar any other suit upon the same for any other and distinct cause of action. SEC. 7. Be it further enacted, That the agent shall receive, as compensation for his services under this act, a salary of fifteen hundred dollars, payable out of the State treasury. SEC. 8. Be it further enacted, That for prosecuting the claims of the State, or the claims of soldiers, their widows, heirs, and legal representatives, said agent shall receive no other compensation than the salary herein allowed, but for prosecuting and collecting the claims of other persons, citizens of Tennessee, he is allowed to charge any fee agreed upon between him and the claimant not exceeding five per centum on the amount of the claim allowed, where such allowance is one hundred dollars or less; if over one hundred and not exceeding one thousand dollars, five dollars on the first hundred dollars and three per centum on the residue may be charged, and if more than one thousand dollars, then two and a half per centum on the excess over one thousand dollars collected: Provided, The agent shall not attend to the prosecution of the claims of any other State, and for a violation of this section he shall be dismissed from his office by the governor, and on indictmert in the circuit court of the county where the claimant resides, fined in a sum not exceeding five times the amount of fees charged, SEC. 9. Be it further enacted, That the agent shall hold his office for a period not exceeding two years from the first day of October, 1865; and in the event of his death, resignation, or removal from office, the governor may appoint a successor for the unexpired term, who shall receive the office, books, papers, and claims of his predecessor, and be governed by the provisions of the foregoing sections of this act. SEC. 10. Be it further enacted, That this act shall take effect from and after its passage, and shall continue in force until the first day of October, eighteen hundred and sixty-seven. WILLIAM HEISKELL, Speaker of the House of Representatives. SAMUEL R. RODGERS, Speaker of the Senate. Passed June 5, 1865, CHAPTER XXI. AN ACT for the benefit of discharged Union soldiers. SECTION 1. Be it enacted by the general assembly of the State of Tennessee, That all discharged Union soldiers, who have served either as State or Federal soldiers, and have been honorably discharged the service, and all citizens who have always been loyal, shall be permitted to carry any and all necessary side-arms, being their own private property, for their personal protection and common defence. WILLIAM HEISKELL, Speaker of the House of Representatives. Passed June 6, 1865. CHAPTER XXII. AN ACT accepting on the part of the State of Tennessee a grant of lands made by the United States to the several States and Territories which may provide colleges for the benefit of agriculture and the mechanic arts. SECTION 1, Be it enacted by the general assembly of the State of Tennessee, That an act of Congress of the United States, approved July 5, 1862, entitled an act donating public lands to the several States and Territories which may provide colleges for the benefit of agriculture and the mechanic arts, and the grant of land and land scrip thereby made be, and the same is hereby, accepted on the part of the State of Tennessee. SEC. 2. And be it enacted, That the said grant of land and land scrip is hereby accepted for the purposes and upon the conditions in said act of Congress specified, and the assent of the State of Tennessee to the several conditions and provisions in said act contained is hereby signified and expressed. SEC. 3. And be it enacted, That the governor of this State, and such person as he shall appoint for that purpose, are hereby appointed commissioners for the State to receive from the Secretary of the Interior, or other officer of the United States, the land scrip to which the State of Tennessee is or may be entitled under the act of Congress aforesaid; said scrip to be held by said commissioners for the State until provision is made by law for the sale thereof and investment of the proceeds in accordance with the provisions of said act of Congress. WILLIAM HEISKELL, Speaker of the House of Representatives. SAMUEL R. RODGERS, Speaker of the Senate. Passed June 6, 1865. CHAPTER XXIII, AN ACT to provide for the payment of certain counsel fees. SECTION 1, Be it enacted by the general assembly of the State of Tennessee, That in all cases where suits have been brought, or may hereafter be brought, against any persons that have been connected as president, cashier, directors, debtors, or in any way liable to the |